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HomeMy WebLinkAboutSWP273205(8)CITY OF RENTON Office of the City Attorney Kathy Keolker, Mayor Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur MEMORANDUM To: Lys Hornsby, Utility Systems Director From: Lawrence J. Warren, City Attorney Date: March 29, 2007 Subject: DOT Condemnation The City of Renton has been served with a Petition in Condemnation for property apparently located on the Northwest corner of Oaksdale and 405. The property is generally held in the name of Longacres Joint Venture and according to the attached title report, exception number 5, the City of Renton holds an easement for installing, construction, operating, maintaining, removing, repairing, replacing and using a drainage channel. The DOT appears to want to use the property for a storm water treatment facility. A copy of the right-of-way plan for the area is attached, as is the applicable page from the title commitment. Could you please have the appropriate people within your department review not only the location and the City's use, but whether or not there is any interference. I have enclosed a copy of the legal description of the property to be acquired as well. i' C�; Lawrence J. arren Enc. LJW: scr C c - _30-1 (Z-V i uT4 Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE WHSN RECOKUtU Kt uKN MF Office of ne c.ty chrk %enton Municipal BuildinkMENDMENT TO AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL 2w Mill A✓enue South Renton, WA 98055 (AMENDS KING COUNTY RECORDING #8804110203) THIS AGREEMENT made this4Mday of 1994 between Puget Western, INC., a Washington Corporation ("Puget Western" herein), and C of Renton, ("Grantee" herein); WHEREAS Puget Western and Grantee desire to amend an Agreement and Easement for Drainage Channel conveyed by Puget Western to the grantee under King County Recording No. #8804110203; WHEREAS Puget Western desires Grantee to assume maintenance responsibility for the drainage channel across Puget Western's land more specifically described herein below; NOW THEREFORE, in consideration of One Dollar ($1.00) and in partial satisfaction of Puget Western's requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, it is mutually agreed that the Agreement and Easement for Drainage Channel conveyed by Puget Western to the City of Renton under King qj County Recording No. #8804110203 is hereby amended as follows: M M As pertaining only to the land described in Exhibit "A" and Exhibit "B" attached hereto and by this reference 0 made a part hereof, amend Section A of King County Recording No. #8804110203 to read as follows: A. A non-exclusive perpetual easement over, across, along, in, upon and under that portion of Puget Q Western's land described in Exhibit "A" for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using a drainage channel and permitting construction, use, and maintenance of a pedestrian trail thereon; together with a non-exclusive temporary construction easement, over, across, along, in, upon and under that portion of Puget Western's land described in Exhibit "B" for the purposes related to installation and construction of a drainage channel on that portion of Puget Western's land described in Exhibit "A" such as: construction material stockpiling, equipment storage, loading and unloading, construction staging, and access to that portion of Puget Western's land described in Exhibit "A". The terms "Easement" and "Easement Area" in this instrument refer to the easements herein granted on Puget Western's property described in Exhibit "A" and Exhibit "B". The temporary construction easement described in Exhibit "B" shall expire on the earlier of completion of construction by Grantee in the Easement Area described in Exhibit "A" or October 31, 1994. The expiration date may be extended to October 31, 1995 if factors beyond the control of the Grantee prevent completion of construction on or before October 31, 1994. This extension shall become effective provided notice is given by Grantee prior to or on October 31, 1994. If the Grantee has not completed construction of a pedestrian trail in three years from the date of this agreement or if the constructed pedestrian trail is not used for pedestrian purposes for a period of three consecutive years, then all rights and privilages granted by this agreement for the construction, use, and maintenance of a pedestrian trail shall revert to Puget Western upon providing 30-day prior written notice to Grantee. If Grantee's failure to construct the pedestrian trail causes the reversion of the rights and privilages granted by this agreement for the pedestrian trail, then Puget Western shall no longer be in partial satisfaction of its requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program, but shall be subject to the full requirements thereof. As pertaining only to the Easement Area granted herein and described in Exhibit "A", the following provisions are hereby appended to Section 3 of King County Recording No. #8804110203: Q�tj For any single development proposal on Puget Western's property described in Exhibit "B", and adjacent properties that are included within the area of the development, the Easement Area may be used in C calculating lot coverage and as partial or full satisfaction of the following as applicable: --#-W -0051 a. complying with any north -south sidewalk and pedestrian access requirements, buffering, open space, setback, and landscaping development standards of the City of Renton Zoning Code as from time to time amended; b. providing compensatory storage for any filling in the floodplain. This amendment pertains only to land encumbered under King County Recording No. #8804110203 specifically described in this amendment. All encumbrances, conveyances, and other provisions of King County Recording No. #8804110203 not amended by this Agreement remain in full force and effect and apply to this amendment as if set forth fully herein. EXECUTED as of the date hereinabove set forth. PUGET WESTERN: Its: EXECUTIVE VICE PRESIDENT REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated the t he/&ka4hey was/wen authorized to execute the instrument and acknowledged it as the *'--XY@4u-r7t,n5i_ ViGtr 57,4 aS . and /fir G�.T Alk--met2..t_ •Wd-to be the free and voluntary act of such party/parties for the uses and purposes meutioved in the instrument. Dated: /,-- y$ -�' Notary Public in and for the State of Washington GRANTEE: City of Re�! By: E Its: Ma, ATTEST' RIN z. Notary (Print); �rz / n _ .n t �.�; - �• My appointment expires: 5�-- Approve s to form: f Lawrence J. Warren City Attorney Marilyn CZ Pktersen Its: City Clerk �4*9�-o°s� Q.c a ` 01/0C 0/1 H: DOC S:94-4 77: S S W : ps/bh EXHIBIT "A" (Reference Record of Survey No. 9302099009, King County Records) That portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southeast corner of the northeast quarter of said section; Thence North 00' 37' 18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; Thence South 86' 21' 27" West along said southerly line, a distance of 1,340.63 feet, to a point of intersection with the east line of said southwest quarter of the northeast quarter and the true point of beginning; Thence continuing South 86' 21' 27" West along said south line, a distance of 121.91 feet to the beginning of a non -circular curve; Thence Westerly along said non -circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 86' 14' 58" West, a distance of 77.73 feet from the beginning of said non -circular curve; Thence South 26' 02' 22" East a distance of 3.24 feet to the beginning of a curve concave to the east having a radius of 107.50 feet; Thence Southerly along said curve through a central angle of 23' 56' 16", an arc distance of 44.91 feet; r?? Q'? Thence South 49' 48' 37" East, a distance of 93.21 feet; xjjj Thence South 45' 48' 35" East, a distance of 84.77 feet to the beginning of a curve concave to the west having a 12 radius of 92.50 feet; 0 Thence Southerly along said curve through a central angle of 44' 30' 28", an arc distance of 71.85 feet; Thence South 010 18' 07" East, a distance of 38.78 feet, to a point on the northerly right-of-way line of SW 16th Street, said point being on a non -tangent curve concave to the South, having a radius of 1,939.86 feet, the center of which bears South 01 ° 54' 28" East; Thence Easterly along said curve and said right-of-way through a central angle of 00' 08' 48", an arc distance of 4.97 feet to a point on the east line of said northwest quarter of the southeast quarter, said point lying South 00' 54' 17" West, a distance of 168.49 feet from the northeast corner thereof, Thence North 00' 54' 17" East along said east line, a distance of 168.49 feet; Thence North 00' 55' 05" East along the east line of said southwest quarter of the northeast quarter, a distance of 104.28 feet to the true point of beginning. Less the area previously conveyed to the City of Renton under King County Recording No. 8804110203, King County Records for a drainage channel easement. Contains 12,435 Sq. Ft. of Land, more or less. Q�l --q+ q-,+ - 005 ) H:DOCS:94-477: SS W:ps/bh E X >-1 l g l-r A �,ofj7vAj QED NON- cIgcU( A(Z iod' FRon•, Q SP1RAl_ CQKV . 1-,l05" S �L(.'02. ZZ"E 3.2� Q = 23 S(' /G y- = 107.5a' L = qY 91 yO.00' R1(,Nr- oI k mi (.G C-OO (JT 1 S MO. 32-9rz Ca.�--�f., F2or�, k. .A = 4TO30'28 R� 92, S0' L = 7/. 855' -,cil oR 0 or Oi�,�ac,E EG.S�mEnri 7-7-73' 21. 95- S 8(-°2�'27`W 99,9� jBoa Kk A; O88oy//ozo3 E YY Cowie- yam_ 2y, Zia- yE > ss to S OJ l8 07'E 38.78' ,per 00°08�58 = y. 97' IN -SITE PLP�N- / - yo -Wc%y-,DOS! N ----I = y - I� o IN Sol'Sy �8F' EXHIBIT "B" (Reference Record of Survey No. 9302099009, King County Records) That portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southeast corner of the northeast quarter of said section; Thence North 00' 37' 18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; Thence South 86' 21' 27" West along said southerly line, a distance of 1,340.63 feet, to a point of intersection with the east line of said southwest quarter of the northeast quarter, and the true point of beginning; Thence continuing along said south line, a distance of 121.91 feet to the beginning of a non -circular curve; Thence Westerly along said non -circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 85' 53' 08" West, a distance of 166.46 feet from the beginning of said non -circular curve, said point being on the westerly line of a 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause No. 32912, King County Records; Thence along said Westerly line the following four courses: South 44' 09' 28" East, a distance of 92.16 feet; South 49' 39' 28" East, a distance of 98.06 feet; South 33' 09' 28" East, a distance of 93.44 feet; South 12' 24' 28" East, a distance of 50.21 feet, to a point on the northerly right-of-way line of SW 16th Street, said point being on a non -tangent curve concave to the north having a radius of 1,879.86 feet, the center of which bears North 02' 22' 45" West, Q Thence Easterly along said curve and said right-of-way through a central angle of 00' 51' 25", an arc distance of TJ2 8. 11 feet; Thence North 86' 45' 50" East a distance of 4.56 feet to the beginning of curve concave to the south having a 0 radius of 1,939.86 feet; J �} Thence Easterly along said curve and said right-of-way through a central angle of 010 28' 30", an arc distance of 49.94 feet to a point on the east line of said northwest quarter of the southeast quarter, said point lying South 00' 54' 17" West, a distance of 168.49 feet from the northeast corner thereof; Thence North 00' 54' 17" East along said east line, a distance of 168.49 feet; Thence North 00' 55' 05" East along the east line of said southwest quarter of the northeast quarter, a distance of 104.28 feet to the true point of beginning. Less the 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause No. 32912, King County Records; Less the area conveyed to the City of Renton under King County Recording No. 8804110203, King County Records for a drainage channel easement. Contains 22,632 square foot of land, more or less. -4-- qLV- 0051 H:DOCS:94-477: SS W :ps/bh E XL118 IT 8 GO/V TW OF D C) O ,UofJ-CI&CUtAk c-UPV4 1061 FRam � SPIRAL CURvIE /-yoS S 8 G, ° 2 ! 2-� "C-i 21, 95' 6PORD ^ TFmPoPPA C-As6ME,.,j' "/6.00' R16Hr-of-LJAy 106�IL� KING Gat)Nr4 5UPF110 CAUSE No. °p \ 3z91 Z cn L��� n7EO FRaM N o2°2z'ys„W z I O N Q = Oo°5l25" L = Z8.r1' SITE PLAN 1„ A10 0 3-7' 1 8° E 2Y5. 2 z I 586'21'27'W 13yo, G3' S 8�° zr ' 2:; W 99.7L' TPoB a DFLD.inra�G6 �ASFr�Nr 0 � 1 L = of°28'30 (R L = yy. 9y w `r 0 0 0 z R EXHIBIT __. _..... ..,.. �.... wY k-1 niivn.vr., "r-NZmAJ, yr n213n LgJUIU/Ul4 S Order No. 5B7496 A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED 70, THE FOLLOWING: GRANTEE' Municipality of Metropolitan Seattle PURPOSE: Sewer trunk line AREA AFFECTED: Easterly 17 feet of the southerly 80 feet Parcel A RECORDED: March 2, 1567 RECORDING NUMER: 6145082 5. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: City of Renton PURPOSE: Installing, constructing, operating, maintaining, removing, repairing, replacing and using a drainage channel AREA AFFECTED: A portion of Parcel B RECORDED: April 11, 1988 RECORDING NUMBER: 8804110203 Said easement was amended by instrument recorded under Recording Number 9407280994. 6. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Western, Inc., a Washington corporation PURPOSE: Installing, constructing, maintaining, repairing, and utilizing a sewer line AREA AFFECTED: A portion of Parcel B RECORDED: December 19, 1994 RECORDING NUMBER: 9412191157 (continued) SINGLE Parcel Number: 1-19539 STATE VS. Longacres Joint Venture DESCRIPTION: All that portion of the following described property lying southerly of F.A.I. Highway No. 405, and southwesterly of an existing drainage ditch right of way condemned by King County Drainage District No. 1, October 1902 under King County Superior Court Cause No. 32912, that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter in Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the north margin of South 153rd Street, with the east line of said northwest quarter of the southeast quarter; thence westerly along said street 350 feet; thence northerly at right angles to said street line, 800 feet, more or less, to the southerly line of Puget Sound Electric Railway Right of Way; thence northerly along said right of way 360 feet, more of less, to its intersection with the east line of said southwest quarter of the northeast quarter; thence south 860 feet, more or less, to the TRUE POINT OF BEGINNING; EXCEPT that portion conveyed to King County for Black River Junction Renton Road by deed recorded under Recording Number 2919485; AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway no. 1, by deed recorded under Recording Number 5516657. ALSO that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, lying southerly of F.A.I. Highway No. 405, north of Southwest 16th Street, and easterly of the following described line: Commencing at the southeast corner of the northeast quarter of said section; thence North 00°37'18" East along the east line thereof a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°21'27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter; thence continuing along said south line, a distance of 121.91 feet to the beginning of a non -circular curve; SR 405, SR 181 Vic. to SR 167 Vic. Pagel of 2 02/08/2007 EXHIBIT A thence westerly along said non -circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 85°53'08" West, a distance of 166.46 feet from the beginning of said non - circular curve, said point being on the westerly line of a 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause Number 32912; and the point of beginning of the line herein described; thence South 44°09'28" East, a distance of 92.16 feet; thence South 49°39'28" East, a distance of 98.06 feet; thence South 33°09'28" East, a distance of 93.44 feet; thence South 12°24'28" East, a distance of 50.21 feet to a point on the northerly right -of --way line of Southwest 16th Street and the terminus of the line herein; EXCEPT that portion thereof described as follows: Commencing at the southeast corner of the northeast quarter of said Section; thence North 00°37'18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°21'27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter, the point of beginning; thence continuing along said south line, a distance of 99.96 feet; thence South 28°46'56" East, a distance of 201.15 feet to a point on the east line of the northwest quarter of said southeast quarter; thence North 00°54' 17" East along said east line, a distance of 78.4 feet; thence North 00°55'05" East along the east line of the southwest quarter of said northeast quarter a distance of 104.28 feet to the point of beginning. SR 405, SR 181 Vic. to SR 167 Vic. 02/08/2007 Page 2 of 2 EXHIBIT A ROADWAY AND UTILITIES E A S E M E N T THIS INSTRUMENT, made this 22 day of May 87 19 , by an between and k G� and and herinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corpora- tion of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $ A � � paid by Grantee, and other valuable consideration, do_ by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its suc- cessors and assigns, an easement for roadway and public utilities (including water, sewer and quasi public utilities), with necessary appurtenances over, through, across and upon the following described property in King County, o Washington, more particularly described as follows: C The Vorth 50 feet and East 83 feet of Lot C; and the 25 foot wide roadway immediatly South of Lot A and extending west from Lot C 237 feet plus or minuse to Union Ave. (132nd Ave. SE). The centerline of the roadway being approxima.tly 172 feet south (a of the centerline of SE 104th Street at its intersection with Union Ave. This easement located in the property described below: The West 330 feet of that portion of the NWy: of the SWy of Section 3 Township 23 Range 5, lying north of the plat of Glencoe, Vol 84 pages 8'7 and 88. Except: The east 200 feet of the west 230 feet of that portion lying 15 feet southerly of the north line of the south one-half thereof. EXCEPT: The west 164 feet of that portion lying 10 feet northerly of the south line of the north one-half thereof; and EXCEPT the west 30 feet for road. FILER FOR UEJ AT REQUESI 4r OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE SO. 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F o y� ao -' z : :N e# .. tr tzNt EXHIBIT �-- tFJ VIV/V 1`t Order No. 587496 A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED 70, THE FOLLOWING: GRANTEE: Municipality of Metropolitan Seattle PURPOSE: Sewer trunk line AREA AFFECTED. Easterly 17 feet of the southerly 80 feet Parcel A RECORDED: March 2, 1967 RECORDING NUMBER: 6145082 5- EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: City of Renton PURPOSE: Installing, constructing, operating, maintaining, removing, repairing, replacing and using a drainage channel AREA AFFECTED: A portion of Parcel B RECORDED: April 11, 19a8 RECORDING NUMBER: 8804110203 Said easement was amended by instrument recorded under Recording Number 9407280994. 6. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Western, Ina_, a Washington corporation PURPOSE: Installing, constructing, maintaining, repairing, and utilizing a sewer line AREA AFFECTED: A portion of Parcel B RECORDED: December 19, 1994 RECORDING NUMBER: 9412191157 (continued) SINGLE Parcel Number: 1-19539 STATE VS. Longacres Joint Venture DESCRIPTION: All that portion of the following described property lying southerly of F.A.I. Highway No. 405, and southwesterly of an existing drainage ditch right of way condemned by King County Drainage District No. 1, October 1902 under King County Superior Court Cause No. 32912, that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter in Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the north margin of South 153rd Street, with the east line of said northwest quarter of the southeast quarter; thence westerly along said street 350 feet; thence northerly at right angles to said street line, 800 feet, more or less, to the southerly line of Puget Sound Electric Railway Right of Way, thence northerly along said right of way 360 feet, more of less, to its intersection with the east line of said southwest quarter of the northeast quarter; thence south 860 feet, more or less, to the TRUE POINT OF BEGINNING; EXCEPT that portion conveyed to King County for Black River Junction Renton Road by deed recorded under Recording Number 2919485; AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway no. 1, by deed recorded under Recording Number 5516657. ALSO that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, lying southerly of F.A.I. Highway No. 405, north of Southwest 16th Street, and easterly of the following described line: Commencing at the southeast corner of the northeast quarter of said section; thence North 00°37'18" East along the east line thereof a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°21'27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter; thence continuing along said south line, a distance of 121.91 feet to the beginning of a non -circular curve; SR 405, SR 181 Vic. to SR 167 Vic. Pagel of 2 02/08/2007 EXHIBIT A thence westerly along said non -circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 85°53'08" West, a distance of 166.46 feet from the beginning of said non - circular curve, said point being on the westerly line of a 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause Number 32912; and the point of beginning of the line herein described; thence South 44009'28" East, a distance of 92.16 feet; thence South 49°39'28" East, a distance of 98.06 feet; thence South 33009'28" East, a distance of 93.44 feet; thence South 12024'28" East, a distance of 50.21 feet to a point on the northerly right-of-way line of Southwest 16th Street and the terminus of the line herein; EXCEPT that portion thereof described as follows: Commencing at the southeast corner of the northeast quarter of said Section; thence North 00°37'18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°21'27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter, the point of beginning; thence continuing along said south line, a distance of 99.96 feet; thence South 28°46'56" East, a distance of 201.15 feet to a point on the east line of the northwest quarter of said southeast quarter; thence North 00°54'17" East along said east line, a distance of 78.4 feet; thence North 00°55'05" East along the east line of the southwest quarter of said northeast quarter a distance of 104.28 feet to the point of beginning. SR 405, SR 181 Vic. to SR 167 Vic. Page 2 of 2 02/08/2007 EXHIBIT A n u �ti11 O� PLANNING/BUILDING/ , PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: April 3, 2007 TO: Larry Warren, City Attorney FROM: Lys Hornsby, Utility Systems Director (ext. 7239) SUBJECT: Washington State Department of Transportation Pet'tion in Condemnation We have reviewed the legal description for the property that WSDOT is proposing to condemn located at the Northwest corner of Oakesdale and I-405. The City has a drainage easement (enclosed) over the eastern portion of the property. The purpose of the easement is for the installation, maintenance, operation, repair, and replacement of a drainage channel along Springbrook Creek, and the construction, use and maintenance of a pedestrian trail on the west side of the creek. The City wants to maintain the rights granted by this easement. If the WSDOT project encroaches into the easement area WSDOT will need to provide mitigation to allow the City to continue maintenance, repair, and operation of the existing drainage channel and pedestrian trail. Enclosures cc: Ron Straka, Surface Water Utility Supervisor Allen Quynn, Surface Water Engineer H:\File Sys\SWP - Surface Water Projects\SWP 27-Transporation Projects (TIP)\1-405 Corridor Study\SWP 27-3205 South Renton Project\1003 City Correspondence\Infra-Departmental\attorney condemnation review memo.doc\AQtp VVr"4'A'4 KCLVKU,CV AZIU"N AW. O.",ce of ibe city clerk rMill Avenue South ton Municipal Buildin 200 Mil�MENDMENT TO AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL 200 Renton, WA 98055 (AMENDS KING COUNTY RECORDING #8804110203) THIS AGREEMENT made this6�r day of 1994 between Puget Western, INC., a Washington Corporation ("Puget Western" herein), and C of Renton, ("Grantee" herein); WHEREAS Puget Western and Grantee desire to amend an Agreement and Easement for Drainage Channel conveyed by Puget Western to the grantee under King County Recording No. #8804110203; WHEREAS Puget Western desires Grantee to assume maintenance responsibility for the drainage channel across Puget Western's land more specifically described herein below; NOW THEREFORE, in consideration of One Dollar ($1.00) and in partial satisfaction of Puget Western's requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, it is mutually agreed that the Agreement and Easement for Drainage Channel conveyed by Puget Western to the City of Renton under King ,dc County Recording No. #8804110203 is hereby amended as follows: n M As pertaining only to the land described in Exhibit "A" and Exhibit "B" attached hereto and by this reference 0 made a part hereof, amend Section A of King County Recording No. #8804110203 to read as follows: A. A non-exclusive perpetual easement over, across, along, in, upon and under that portion of Puget Q Western's land described in Exhibit "A" for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using a drainage channel and permitting construction, use, and maintenance of a pedestrian trail thereon; together with a non-exclusive temporary construction easement, over, across, along, in, upon and under that portion of Puget Western's land described in Exhibit "B" for the purposes related to installation and construction of a drainage channel on that portion of Puget Western's land described in Exhibit "A" such as: construction material stockpiling, equipment storage, loading and unloading, construction staging, and access to that portion of Puget Western's land described in Exhibit "A". The terms "Easement" and "Easement Area" in this instrument refer to the easements herein granted on Puget Western's property described in Exhibit "A" and Exhibit "B". The temporary construction easement described in Exhibit "B" shall expire on the earlier of completion of construction by Grantee in the Easement Area described in Exhibit "A" or October 31, 1994. The expiration date may be extended to October 31, 1995 if factors beyond the control of the Grantee prevent completion of construction on or before October 31, 1994. This extension shall become effective provided notice is given by Grantee prior to or on October 31, 1994. If the Grantee has not completed construction of a pedestrian trail in three years from the date of this agreement or if the constructed pedestrian trail is not used for pedestrian purposes for a period of three consecutive years, then all rights and privilages granted by this agreement for the construction, use, and maintenance of a pedestrian trail shall revert to Puget Western upon providing 30-day prior written notice to Grantee. If Grantee's failure to construct the pedestrian trail causes the reversion of the rights and privilages granted by this agreement for the pedestrian trail, then Puget Western shall no longer be in partial satisfaction of its requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program, but shall be subject to the full requirements thereof. As pertaining only to the Easement Area granted herein and described in Exhibit "A", the following provisions are hereby appended to Section 3 of King County Recording No. #8804110203: For any single development proposal on Puget Western's property described in Exhibit "B", and adjacent properties that are included within the area of the development, the Easement Area may be used in calculating lot coverage and as partial or full satisfaction of the following as applicable: a. complying with any north -south sidewalk and pedestrian access requirements, buffering, open space, setback, and landscaping development standards of the City of Renton Zoning Code as from time to time amended; providing compensatory storage for any filling in the floodplain. This amendment pertains only to land encumbered under King County Recording No. #8804110203 specifically described in this amendment. All encumbrances, conveyances, and other provisions of King County Recording No. #8804110203 not amended by this Agreement remain in full force and effect and apply to this amendment as if set forth fully herein. EXECUTED as of the date hereinabove set forth. PUGET WESTERN: By: ///aj/-, Its: EXECUTIVE VICE PRESIDENT REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASMNGTON ) SS COUNTY OF KING ) Q I certify that I know or have satisfactory evidence that It t` signed this instrument, on oath stated th t he/sue was/tee Q% authorized to execute the instrument and acknowledged it as the I�Xo �� ram. �� >'i or and -of- Pii % /;gtrs—e a,� •act to be the free and voluntary act of such party/parties for the uses and purposes Dated: /,Y- Notary Public in and for the State of Washington GRANTEE: City of Rei By: E'a_rl Clymer Its: Mayor. ATTEST: By: / Marilyn P tersen Its: City Clerk in the instrum Notary (Print) ,ej r.isf My appointment expires: A rove pp Lawrence J. Warren City Attorney H: DOCS:94-477: SS W: ps/bh EXHIBIT "A" (Reference Record of Survey No. 9302099009, King County Records) That portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southeast corner of the northeast quarter of said section; Thence North 00' 37' 18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; Thence South 86' 21' 27" West along said southerly line, a distance of 1,340.63 feet, to a point of intersection with the east line of said southwest quarter of the northeast quarter and the true point of beginning; Thence continuing South 86' 21' 27" West along said south line, a distance of 121.91 feet to the beginning of a non -circular curve; Thence Westerly along said non -circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 86' 14' 58" West, a distance of 77.73 feet from the beginning of said non -circular curve; Thence South 26' 02' 22" East a distance of 3.24 feet to the beginning of a curve concave to the east having a radius of 107.50 feet; Thence Southerly along said curve through a central angle of 23' 56' 16", an arc distance of 44.91 feet; Thence South 49' 48' 37" East, a distance of 93.21 feet; xj Thence South 45148' 35" East, a distance of 84.77 feet to the beginning of a curve concave to the west having a N radius of 92.50 feet; 0 Thence Southerly along said curve through a central angle of 44' 30' 28", an arc distance of 71.85 feet; Thence South 01' 18' 07" East, a distance of 38.78 feet, to a point on the northerly right-of-way line of SW 16th Street, said point being on a non -tangent curve concave to the South, having a radius of 1,939.86 feet, the center of which bears South 01 ° 54' 28" East; Thence Easterly along said curve and said right-of-way through a central angle of 00' 08' 48", an arc distance of 4.97 feet to a point on the east line of said northwest quarter of the southeast quarter, said point lying South 00' 54' 17" West, a distance of 168.49 feet from the northeast corner thereof, Thence North 00' 54' 17" East along said east line, a distance of 168.49 feet; Thence North 00' 55' 05" East along the east line of said southwest quarter of the northeast quarter, a distance of 104.28 feet to the true point of beginning. Less the area previously conveyed to the City of Renton under King County Recording No. 8804110203, King County Records for a drainage channel easement. Contains 12,435 Sq. Ft. of Land, more or less. R� 6 H: DOCS:94-477: SS W: ps/bh L( 4 l 6 )-r A GoNT/N(,�ED 6H OR 0 Or BRA WAGE FAST r, (tir /'NoN- C-lRGvCr2 iod` S 8�a ly $8 �Lj FRon- i SPIRAL 7-7- 73 ' Z� 9S 3%0 , (1 w S g(-'z/'27`W 99.9� TPoO / DRAWA(E E)\Stinf"f LIN Io 3, 25� \ y \Q !Z 0 .d = �3 S(, iG y s L=W9/ y� s G klNc� C.uvNl-4 S UPfA j ok LP.v$� No. 32-911 f-ALCLILAi r D C. O �/Y A= ° 30 28 r2 = 92. So L = -71, 855 /IN S ol� 1$� 07�E 1 0 38.78' z 1 ,p . oo° og , `/8 i R- I939.8G� Lc y. 97' _ I ri IN O soa°Sy'ZSE E L/� N, R 4- ooSt EXHIBIT "B" (Reference Record of Survey No. 9302099009, King County Records) That portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southeast corner of the northeast quarter of said section; Thence North 00' 37' 18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; Thence South 86' 21' 27" West along said southerly line, a distance of 1,340.63 feet, to a point of intersection with the east line of said southwest quarter of the northeast quarter, and the true point of beginning; Thence continuing along said south line, a distance of 121.91 feet to the beginning of a non -circular curve; Thence Westerly along said non -circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 85' 53' 08" West, a distance of 166.46 feet from the beginning of said non -circular curve, said point being on the westerly line of a 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause No. 32912, King County Records; Thence along said Westerly line the following four courses: South 44' 09' 28" East, a distance of 92.16 feet; South 49' 39' 28" East, a distance of 98.06 feet; South 33' 09' 28" East, a distance of 93.44 feet; South 12' 24' 28" East, a distance of 50.21 feet, to a point on the northerly right-of-way line of SW 16th Street, said point being on a non -tangent curve concave to the north having a radius of 1,879.86 feet, the center of which bears North 02' 22' 45" West, Thence Easterly along said curve and said right-of-way through a central angle of 00' 51' 25", an arc distance of 2 8. 11 feet; Thence North 86' 45' 50" East a distance of 4.56 feet to the beginning of curve concave to the south having a radius of 1,939.86 feet; Thence Easterly along said curve and said right-of-way through a central angle of 01' 28' 30", an arc distance of 49.94 feet to a point on the east line of said northwest quarter of the southeast quarter, said point lying South 00' 54' 17" West, a distance of 168.49 feet from the northeast corner thereof, Thence North 00' 54' 17" East along said east line, a distance of 168.49 feet; Thence North 00' 55' 05" East along the east line of said southwest quarter of the northeast quarter, a distance of 104.28 feet to the true point of beginning. Less the 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause No. 32912, King County Records; Less the area conveyed to the City of Renton under King County Recording No. 8804110203, King County Records for a drainage channel easement. Contains 22,632 square foot of land, more or less. q y- - 0051 H:DOCS:94477:SS W:ps/bh Ei( 1 61T Pj Q)wrloUEQ A OM-CI&C.ucA2 c-uPW Ioo' FRarn � SPIRAL CURVE I-yoS cNorCO a $ �S°5308 'w %EmPoRA24 CAS��F,.�' K/NG LevNfy SUP 32-9/Z cp.(-c-ut, K. c.,a. S. 58(- ° 21 2-? "w 2l. 9S' �) 1 I Lr FLN,N 1" =Yo Pi oosl v /voo �18,E 2Y5. 12 , 586'21"27"W )3Yo. G3 S 86'7-1'27"W 7POB a a ly co/( 1. (2 L Kathy Keolker, Mayor CITY ' RENTON WUNHIGIMMM13-11 To: Lys Hornsby, Utility Systems Director From: Lawrence J. Warren, City Attorney Date: March 29, 2007 Subject: DOT Condemnation Office of the City Attorney Lawrence I Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur f„J7'°Y OF �ErVi01� 11; (1 iTy SYSTEMS The City of Renton has been served with a Petition in Condemnation for property apparently located on the Northwest corner of Oaksdale and 405. The property is generally held in the name of Longacres Joint Venture and according to the attached title report, exception number 5, the City of Renton holds an easement for installing, construction, operating, maintaining, removing, repairing, replacing and using a drainage channel. The DOT appears to want to use the property for a storm water treatment facility. A copy of the right-of-way plan for the area is attached, as is the applicable page from the title commitment. Could you please have the appropriate people within your department review not only the location and the City's use, but whether or not there is any interference. I have enclosed a copy of the legal description of the property to be acquired as well. Lawrence J. arren Enc. LJW: scr CC 130, CcvvtIVYl Past Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 0 This paper contains 50 % recycled material, 30% post consumer RE NTON AHEAD OF THE CURVE. ,Y O� PLANNING/BUILDING/ a• + PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: November 7, 2006 TO: Gregg Zimmerman, PBPW Administrator FROM: Lys Hornsby, Utility Systems Directotr�t STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn, Surface Water Utility Engineer (ext. 7247) SUBJECT: I-405 Renton Nickel Improvement Project Environmental Assessment Comments WSDOT has completed the EA for the I-405 South Renton Nickel Project and has requested input on the document from affected agencies and municipalities. The WSDOT must receive comments for the I-405 South Renton Nickel Project EA by November 10, 2006. The WSDOT point of contact is: Allison Ray, I-405 Environmental Lead WSDOT — Project Environmental Manager 600 108'' Ave. NE, Suite 405 Bellevue, WA 98004-9800 The following comments are based on the review of the Environmental Assessment dated October 2006, the Surface Water and Water Quality Discipline Report dated October 2005, the Draft Conceptual Plans (Appendix M1), and the Scoping Report with agency comments dated February 10, 2005. The Flooplains Discipline Report states that any filling within the floodplain will be mitigated for by excavation of equivalent volumes and elevation at the Springbrook Early Environmental Investment Site which is now the City of Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank (Bank). The City will allow the use of the Bank for floodplain fill that occurs in areas that are off the main channel of Springbrook Creek. Any fill that occurs within the main channel of Springbrook Creek must be mitigated at the same location in the channel. For project fills that are mitigated at the Bank, WSDOT must demonstrate (through hydraulic analysis) that there will be no drainage impacts upstream or downstream of the area to be filled. WSDOT can use their share of the surplus compensatory storage created by the Bank that is in excess of the flood storage needed to meet the City's flood hazard reduction requirements as defined in the approved Eastside Green River Watershed Project EIS hydraulic model. 2. WSDOT's Scoping Report has not satisfactorily addressed the City's Comment #5 regarding analysis and replacement of cross culverts. As previously stated in the City's EA Scoping Comments Letter, WSDOT must identify all existing culvert crossings Zimmerman/EA Nickel Comments November 7, 2006 Page 2 of 2 (culverts that convey upstream flows through WSDOT right-of-way) impacted by the project, and perform the necessary hydrologic and hydraulic analysis to verify the culverts have adequate capacity and material condition to convey the l 00-year storm for the total tributary basin assuming existing land use conditions. Any improvements to cross culverts necessary to meet the above conditions will be at WSDOTs expense. New culverts and storm systems must be designed to meet the 2005 KCSWDM and the DOT Highway Runoff Manual. If culvert improvements are needed under existing land use conditions, WSDOT shall determine tributary flows under future land use conditions. The City will then decide whether to pay the cost to increase culvert size to convey the l 00-year future conditions flow. Culverts that appear to be impacted by the project and may require improvements include: • Culvert crossing of I-405 that conveys runoff from the ditch that runs along the northside of 1-405 to the ditch on the southside of I-405 (MP 1.95). • Culvert crossing of I-405 that conveys runoff from the west side of Lind Avenue north of I-405 to the ditch that runs along the south side of I-405 (MP 2.25). • Culvert crossing of 1-405 that conveys runoff from the north side of Talbot Hill to Rolling Hills Creek at the Renton Village Shopping Center (MP 2.65). • Culvert crossing of I-405 that conveys Rolling Hills Creek to the pipe system along Talbot Road and east of Renton Village (MP 2.76). • Culvert crossing of I-405 that conveys Thunder Hills Creek to concrete flume behind Sam's Club (MP 3.05). 3. At the time the Scoping Report was completed, WSDOT had not yet identified what water quality retrofitting of existing pavement would be required under future projects. Does WSDOT now have a better understanding of what retrofitting is required, and if so, what will be the approach? If retrofitting is required for future improvements, will facilities constructed as part of the Nickel Project be designed for future expansion? 4. What water quality facility is proposed for I-405 between Tukwila and SR-167? Exhibit 4 of the Surface Water and Water Quality Discipline Report does not show a treatment facility nor is one identified in the conceptual design plans. At one time, a facility using ecology embankments was proposed for the area southwest of the I-405 crossing of Springbrook Creek. Based on previous meetings with WSDOT storm water design staff, improvements were proposed for the existing ditch that runs along the south side I-405. However, the draft conceptual plans show no improvements to this ditch. This ditch currently conveys runoff from I-405 and the areas upstream of I-405 on the north side of the freeway. WSDOT also proposed to use the ditch to convey discharge from the proposed detention facility located between I-405 and SW 161h Street. If you have any questions or require additional information, please contract Ron Straka or Allen Quynn. cc: Peter Hahn, PBPW Deputy Administrator - Transportation Keith Wooley, Transportation Engineer H:\File Sys\SWP - Surface Water Projects\SWP 27-Transporation Projects (TIP)\I-405 Corridor Study\SWP 27-3205 South Renton Project\1003 City Correspondence\EA Nickel Comments.doc\AQtp CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 18, 2005 TO: Dan Hasty FROM: Ron Straka" SUBJECT: Preliminary Utility Plans for I-405 South Nickel Project The Surface Water Utility Section has reviewed the preliminary utility plans for the I-405 South Nickel Project and has the following comments: Identifier numbers 236 and 246 listed on the attached spreadsheet are missing the corresponding profiles on the accompanying utility drawings. 2. The spreadsheet also shows the City as owner of the storm identifiers 236, 246, 250 and 252. The City's position is that any storm system that crosses WSDOT right of way, including any culvert or pipe that is conveying stormwater from one side of the highway to the other is the responsibility of WSDOT to maintain and upgrade as necessary. The burden will be placed on WSDOT to demonstrate to the contrary. H 3. Jeff Hamlin (I-405 storm team) from HDR has been working with Da Peng Yue of Development Services to obtain as -built drawings of all known storm systems in WSDOT right of way within the project limits. He is using this information in conjunction with WSDOT as-builts as well as field survey to generate a composite base map. Once the base map is complete, he will forward a copy to the City for review and verification. If you have any questions or need additional information, please contact Allen Quynn at x-7247. cc: Allen Quynn H:\File Sys\SWP - Surface Water Projects\SWP 27-Transporation Projects (TIP)\1405 Corridor Study\SWP 27-3205 South Renton Project\1003 City Correspondence\utility crossings.doc 7R Kathy Keolker-Wheeler, Mayor February 10, 2005 CITY OF RENTON PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator Allison Ray, I-405 Renton Nickel Project Environmental Manager Washington State Department of Transportation I-405 Project Team Office 600 - 108a' Avenue NE, Suite 405 Bellevue, WA 98004 Subject: I-405 Renton Nickel Project Environmental Assessment Scoping Comments Dear Ms. Ray: FEB 14 2005 CITY OF RENTON UTILITY SYSTEMS The City of Renton submits the following comments for consideration with regards to the Renton Nickel Project Environmental Assessment (EA) Scoping. General: The City may request that WSDOT have an independent Environmental Coordinator while constructing these projects. One was used during the I-405 Renton I/C to Sunset Boulevard (Renton "S" Curves) Project, and having this independent expertise worked very well and assured proper attention was given to these issues. Water Utility: The project will impact the City's existing drinking water wells and water treatment facilities. The City requests: 1. Geo-technical investigation and analysis of impact to groundwater quality and quantity from the construction of support structures penetrating the City's drinking water well field and the Cedar Valley Aquifer. Provide basis for all analyses and conclusions made in the evaluation. 2. Development of a detailed water quality monitoring plan for potential groundwater contamination from construction activities and from accidental spills of hazardous chemicals. 3. Development of an emergency response and recovery plan in the event of a hazardous chemical spill. 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30%post consumer RENTON AHEAD OF THE CURVE Allison Ray, 1-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 2 Re: Environmental Assessment Scoping Comments Transportation: City Arterials and Local Streets The EA should address potential changed traffic patterns and mitigations on City streets due to the reduction in I-405 capacity caused by reduced shoulders and lane shifts. Currently, backups on I-405 approaching SR-167 result in increased traffic on Bronson, Main, Grady, Benson, and South 43`d Street. The EA should address potential traffic mitigation due to any short-term closures of I-405 related to the Benson Road Overpass reconstruction. For example, the City anticipates Bronson/Main/Grady as the only potential detour option. Potential improvements to this route to accommodate I-405 diverted traffic should be addressed, such as the SR-900/SR-515 intersection. The sign bridge for southbound (SB) SR-167 located north of I-405 currently limits the northbound (NB) left -turn storage at Grady Way. The northward extension of the SB SR-167 HOV lane will trigger a review of SR-167 southbound signage south of Grady Way. As part of this EA, the City recommends WSDOT review the jersey barrier to c-curb SR-167 median transition in the vicinity north of I-405. Pedestrian / Non -Motorized The EA should address continuous safe and convenient pedestrian access through the I-405 work area, including Longacres Drive, Oakesdale, Lind, Talbot, and Benson. The Springbrook Trail also crosses under I-405 in the vicinity of Oakesdale. The EA should address trail impacts, closures,;details, etc., including appropriate notification to the public. A long-term desire of the City is to have pedestrian access from Benson Road to Talbot Road in the vicinity of I-405. Traffic Modeling and Simulation Research has shown long-term construction zone impacts to freeway capacity and to diversion routes on arterials. Traffic modeling and simulation should be conducted using appropriate tools in order to fully identify and understand the impacts on local arterials, streets and intersections during construction. Benson Road Overpass WSDOT and the City will continue to analyze the traffic, non -motorized, and emergency response operations for two options for replacement of the Benson Road overpass — either, l) H: File Sys\TRP\TRP-10\WSDOT 1-405\Nickel Project\NickelProjectCityComments\NickelProject EA City Comments Final Feb 10 2005 Allison Ray, 1-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 3 Re: Environmental Assessment Scoping Comments replacement on new alignment to the west of the existing structure, or, 2) replacement on the existing alignment with a full closure for 6-8 months. The impact of increased truck traffic on Benson Road and any proposed haul routes should be addressed with special consideration given to appraising the impact of heavy dump trucks used to bring in fill (in the case of the `parallel' option), or, hauling out materials (in the event the `existing alignment' option is selected). The Benson Road Overpass site is flanked by apartments. WSDOT should address noise issues concerning, but not limited to, such activities as demolition, construction and hauling. City staff and officials must approve of either option before such option proceeds into the design -build contract. Aesthetics / Landscaping Because the Benson Road Overpass replacement will install`a "master plan" element, final recommendations of the Context Sensitive Solutions effort should be applied to this element. Aesthetics and landscaping should be addressed in the EA. Specifically, due to proposed extensive use of retaining walls, wall face treatment must be addressed. Motorized Freight Hazard Mitigation The EA should address potential enhancements to the shoulder; barriers atop retaining walls to reduce the potential for hazardous materials either running or tipping off the roadway. There are numerous locations within the City where such an incident would have detrimental impacts to the natural environment and to valuable City resources, such as its sole source aquifer. STORMWATER: General Comments Water quantity control (detention) and water quality improvements will be required for all existing and proposed right-of-way improvements. The quantity and quality controls should be designed using a standard equivalent to the most recent edition of the Washington State Department of Ecology Stormwater Management Manual for Western Washington (Ecology Manual). 2. If WSDOT storm systems currently, or are proposed to, discharge to City storm systems, the downstream system capacities should be analyzed and off -site improvements made as H: File Sys\TRPURP-10\WSD0T 1405Wickel ProjectWickelPmjectCityCommentsWickelPmject EA City Comments Final Feb 102005 Allison Ray, 1-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 4 Re: Environmental Assessment Scoping Comments part of the project, as needed. The hydrologic and hydraulic analysis would need to account for the total tributary area under future land use conditions. 3. Water quality and quantity impacts should be mitigated for the same local drainage basin so there is no impact immediately downstream of the project. The mitigation will need to show that there are no temporary or long-term impacts due to increased peak rate and volume of runoff, along with changed water quality, downstream of the project. 4. Separate stormwater facilities must be provided for each sub -basin or threshold discharge area as defined in the Ecology Manual. 5. Upstream flows that are currently being conveyed through WSDOT right-of-way will continue to be conveyed downstream after proposed improvements are constructed. A hydrologic and hydraulic analysis of all existing and proposed culverts and storm systems that cross I-405 should be performed to verify that the systems have adequate capacity to convey the 100-year/24-hour storm event for the total tributary area under future land use conditions. If the analysis indicates that the system has. insufficient capacity, then it should be replaced with a properly sized facility. This is needed to ensure that adequate stormwater conveyance can be provided across the I-405 corridor and that the project will not create upstream drainage problems. 6. Any City -owned structures that have to be relocated or are impacted by the project should be fully coordinated with the City as to sizing and location and provided at no cost to the City. 7. If WSDOT proposes an exemption from providing detention and water quality for existing impervious surface (retrofitting), then it must show that the proposed new impervious area does not exceed 50% of the existing impervious surface, within the project limits, which is defined by the project length and width of the right-of-way. Although the redevelopment threshold may not be exceeded for the Nickel Project, it could very well be exceeded for the I-405 Master Plan where an additional two lanes are proposed. How does WSDOT propose to address this issue? When applying the criteria to determine if the project is exempt from having to retrofit existing and new impervious surfaces for flow control and water quality treatment, the criteria should also include the northbound or southbound lanes where improvements are proposed. 8. If retrofitting of existing storm systems to provide flow control and water quality treatment for existing and new impervious surfaces is not proposed, then WSDOT will need to investigate whether it is technically feasible to separate the storm system serving the existing impervious area with the new impervious area requiring water quality treatment. H: File Sys\TRP\TRP-10\WSDOT 1-405\Nickel ProjectWickelProjectCityComments\NickelProjecl EA City Comments Final Feb 102005 Allison Ray, I-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 5 Re: Environmental Assessment Scoping Comments 9. As part of the Nickel Project, design the proposed stormwater facilities in such a way as to allow for expansion for ultimate I-405 improvements. I-405 Northbound This portion of the project proposes to add a general-purpose lane northbound from approximately 400 west of the Burlington Northern Santa F&Union Pacific (BNSF/UP) railroad tracks to the SR-167 interchange. The City has the following concerns: There is an existing ditch that runs along the south side of I-405. This ditch receives runoff from the north side of I-405 that is conveyed through WSDOT right-of-way and receives direct runoff from I-405. Expansion of the roadway to the south will require the conveyance capacity of the ditch be analyzed by WSDOT to determine if improvements are needed. These improvements may include the widening of the ditch and/or a new pipe system down to the outfall to Springbrook Creek. The project will need to maintain the existing drainage patterns and ensure that tributary areas outside of WSDOT right-of-way have acceptable drainage and are not adversely impacted by the project. I-405 Southbound This section of the project proposes to add two general-purpose lanes on the north side of the freeway between the SR-167 interchange and Benson Road and a single general-purpose lane from Benson Road to approximately 500 feet south of the Maple Valley Highway (SR-169). In addition, Benson Road could potentially be realigned between Sam's Club and approximately 1,000 feet north of I-405. The Benson Road overpass will be widened for future expansion of I- 405 under the ultimate project. The City's concerns are as follows: Renton Villager Storm runoff generated from the. additional two lanes is proposed to. discharge to a stormwater facility which is tributary to Rolling Hills Creek. However, prior to discharging into Rolling Hills Creek, the facility will discharge into a flume behind Sam's Club, and then into a culvert across Talbot Road and into the storm system that serves the Renton Village Shopping Center. Portions of this storm system are undersized resulting in flooding of the parking area behind the Shopping Center and adjacent to Rolling Hills Creek. Additionally, Rolling Hills Creek is tributary to two large sub -basins that cross I-405 from the south, the Thunder Hills Creek sub -basin and the North Talbot Hills sub -basin. Consequently, any proposed project discharge upstream of Rolling Hills Creek must be analyzed for potential downstream impacts. 2. Downstream System: Flows from Rolling Hills Creek discharge into two culverts under the I-405 interchange before recombining and entering the Panther Creek Wetlands on the southeast corner of the interchange. Flows continue west in a culvert across SR-167 and enter into a pipe system on East Valley Road and SW 19`h Street before outfalling to H: File Sys\TRP\TRP-10\WSDOT i-405Wickel ProjectWickelProjxtCityCommmtsWickelProject EA City Comments Final Feb 10 2005 Allison Ray, 1-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 6 Re: Environmental Assessment Scoping Comments Springbrook Creek. This entire downstream system will require hydraulic analysis to determine any potential conveyance problems. These pipe systems/culverts may require upgrades to eliminate potential flooding as a result of the Nickel Project improvements. SR-167 Southbound WSDOT proposes to add one general-purpose lane on the west side of the freeway from the I- 405/SR-167 interchange to SW 4151 Street. The City's concerns are as follows: The runoff from the additional lane will discharge into an existing ditch that runs along the west side of the freeway. The ditch receives runoff from the backside of businesses along East Valley Road (EVR) and from SR-167 and conveys this runoff north to the SW 23rd Street drainage channel. The current proposal shows a proposed stormwater facility to be located in an undeveloped parcel between EVR and SR-167. If WSDOT plans to discharge to the ditch, a drainage capacity analysis must be performed to show the ditch can convey all tributary flows without creating flooding impacts to adjacent properties. Another alternative WSDOT may want to consider is to discharge runoff from the SR- 167 improvements into the storm system on East Valley Road, which from a hydraulics standpoint, may be the only option. WSDOT would need to investigate the East Valley Road storm system capacity to see if improvements are warranted. 2. The existing ditch also provides storage and helps to attenuate runoff from adjacent parcels. This natural storage must be maintained or compensated for at another location within the same drainage system. 3. Capacity analysis will be required for the SW 23rd Street Drainage Channel due to the increase in runoff from the project. This channel receives runoff form a large tributary basin, which includes Panther Creek, on the east side of SR-167. The channel runs adjacent to a large wetland on the south side between East Valley Road and Lind Avenue SW. 4. On the southern limit of the SR-167 improvements, flows from Panther Creek on the east side of the freeway become divided. Some of Panther Creek crosses SR-167 in a culvert which discharges into an open channel on the west side of the freeway and then into the storm system on East Valley Road which continues down SW 341h Street before outfalling to Springbrook Creek. The proposed additional lane will require that the culvert be extended to the west into the open channel. A hydraulic analysis will be required to determine the impacts of extending the culvert, as well as a capacity analysis to determine if the runoff from the project will require improvements to the channel and/or storm system in East Valley Road. To potentially minimize downstream impacts in this area, the City would like WSDOT to consider the possibility of redirecting Panther Creek flows into the Panther Creek Wetlands and allow it to flow to the north and into H: File Sys\TRP\TRP-10\WSDOT 1-405Wickel ProjectWickelProjectCityCommentsWickelProject EA City Comments Final Feb 10 2005 Allison Ray, I-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 7 Re: Environmental Assessment Scoping Comments the SW 23`d Street Channel. This concept was identified by the City as a way to reduce flooding in the East Valley Road storm system and to increase wetland function. The resulting increase in flow in the wetland would provide additional water recharge for migratory fish that use the wetlands for rearing and refuge. WETLANDS: General Comments 1. At a minimum, the project should be held to a "no net loss" of wetland area, function, and value. Replacement ratios for wetland mitigation should satisfy Renton's wetland replacement ratios for wetland impacts in Renton. The Department of Ecology or the Army Corps of Engineers' replacement ratios should be acceptable if they are equal to, or more stringent, than Renton's_ 2. Wetland mitigation should be done in the same local drainage basin and as close as possible to where the impact occurs. The City is working with WSDOT to develop the Springbrook Creek Wetland and Habitat Mitigation Bank that, if approved and implemented, could be used as a_mitigation site for the Renton Nickel Project impacts. I-405 Northbound There may be wetlands along I-405 Northbound between Springbrook Creek and SR-167. Wetland investigation and delineations should be conducted in this area to determine if the project improvements will result in'any impacts to the wetlands. I-405 Southbound No comments at this time. SR-167 Southbound The west side ditch may contain wetlands. Wetland delineation will be required to determine class and function so appropriate mitigation can be applied for any wetland impacts resulting from the filling for the additional lane. STREAM BUFFERS/FISH HABITAT: General Comments 1. The project should provide mitigation to provide for "no net losses" of stream buffer area, function, and value. In addition, the project's impacts to fish habitat (spawning, H: File Sys\TMTRP-10\WSDOT 1-405Wickel ProjectWickelProjectCityCommentsWickelProject EA City Comments Final Feb 10 2005 Allison Ray, I-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 8 Re: Environmental Assessment Scoping Comments rearing, and passage) should be held to the same standard. Replacement ratios (2:1) for impacts to stream buffers and fish habitats should be required. 2. Mitigation should be incorporated at the location of the impact to the maximum degree possible, but the additional mitigation could be done offsite within the same drainage basin within Renton. A mitigation fund could be established for acquisition, restoration, or enhancement of stream buffer and/or prime fish habitat sites that have been determined to be beneficial to improving salmon habitat within Renton. 3. The project should not only mitigate for the action impacts but should have a restoration element to offset prior impacts and the fact that mitigation benefits are not immediately achieved, especially when it comes to stream buffers. Any existing culverts or other stream crossing structures that are barriers or restrictions to fish passage should be replaced with new structures that don't prevent or restrict fish passage. 4. WSDOT will need to comply with the City's proposed new stream buffer standards that are currently being adopted and the City's Shoreline Master Program regulations for the Cedar River and Springbrook Creek. I-405 Northbound Impacts to the riparian habitat of Springbrook Creek, as a result of widening the I-405 box culvert, must be mitigated. I-405 Southbound Thunder Hills Creek and Rolling Hills Creek may be impacted by the proposed improvements. SR-167 Southbound Any improvements to the SW 23rd Street Channel will need to include mitigation for riparian wetland and habitat. Because of the direct connection of the channel with Springbrook Creek, salmonid species have the opportunity to use the channel to migrate from Springbrook Creek to the Panther Creek Wetlands. FLOODPLAIN: General Comments 1. The project should be required to provide compensatory storage for filling of any floodplain. A "zero rise" to the floodway standard should be applied to the project. H: File Sys\TRP\TRP-l0\WSDOT 1-405Wickel ProjectWickelProjectCityCommentsWickelProject EA City Comments Final Feb 10 2005 Allison Ray, I-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 9 Re: Environmental Assessment Scoping Comments 2. The project is also required to comply with all FEMA and National Flood Insurance Program (NFIP) standards, since Federal funding will be used. No encroachment into the floodplain should be allowed unless a hydraulic analysis can demonstrate that the zero rise standard can be achieved. The hydraulic analysis should be based upon future land use condition 100-year flood flows. I-405 Northbound Adding the extra lane will also require the widening of the I-405 bridge over Springbrook Creek. WSDOT will need to show that any required structures such as bridge piers, columns or abutments will not result in an increase in the 100-year water surface elevation of the Creek. Also, that adequate clearance between the 100-year water surface elevation and the lowest bridge cord is provided. 2. Any filling in the 100-year floodplain will require compensatory storage. This project must mitigate for the loss of floodplain storage due to filling of the floodplain by removing an equivalent volume of compensatory storage. Compensatory storage determination shall be based on filling up to the City's modeled 100-year flood elevation under future condition flows, which is 13.7NGVD 29, revised future condition flows. I-405 Southbound The area near the I-405 and SR-167 interchange on the Renton Village site is mapped as a 100- year FEMA Floodplain. If improvements occur in this area, mitigation for floodplain impacts will be required. SR-167 Southbound The area near the SW 23`d Street Channel where widening is proposed is mapped as a 100-year FEMA Floodplain. Floodplain impacts at this location will need to be analyzed and mitigation provided. SHORELINES: General Comments The project should comply with the currently adopted Washington State Department of Ecology Shoreline Management Guidelines and City adopted Master Shoreline Program regulations for the Cedar River and Springbrook Creek. N: Fite Sys\TRP\T"-IOMSDOT 1-405Wickel ProjectWickelProjeciCityComments\NickelPmjmt EA City Comments Final Feb 10 2005 Allison Ray, I-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 10 Re: Environmental Assessment Scoping Comments I-405 Northbound Springbrook Creek falls under shorelines of the State and the City of Renton's Master Shoreline Program regulations. FIRE AND EMERGENCY RESPONSE Liberty Park Emergency vehicle access to the Wells 1, 2 and 3 facility must be maintained both during and after construction. Benson Road Overpass Closure of the Benson Road during construction will impact emergency vehicle response to areas served by Stations 11, 13, and 14. An additional Fire Department Aid Car may need to be staffed to address this impact. The addition of opticom pass -card gates for emergency vehicle access options should also be considered. General Comments Intersection changes due to this project should result in emergency vehicles being able to travel in all directions when in emergency response mode and not be limited by physical barriers that may be present for normal traffic flow considerations. Emergency vehicle access options should include, but not be limited to, opticom pass -card gates at Grant Avenue and Beacon Way on Renton Hill to optimize emergency vehicle response times both during and after construction to affected areas. Please refer to the attached issue paper Renton Fire Department Response to Areas Affected by the Proposed Benson Road Closure for additional discussion regarding this issue. PARKS 1. Maintain bike accessibility with bike lanes along each side of Benson Road. Make bike lane connection to downtown area. 2. The Thunder Creek Trail connection under I-405 to Benson Road needs to be evaluated with recommendations and accommodations made for trail connections and development. 3. Ensure the Burnett Trail has continued access under I-405 from the north to the south with a connection to the Cascade Trail. H: File Sys1TRP\TRP-1OMSDOT 1-405Wickel ProjectWickelProjectCityCommentsWicke]Project EA City Comments Final Feb 102005 Allison Ray, 1-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 11 Re: Environmental Assessment Scoping Comments 4. The Cascade Trail Follows Shattuck Avenue South to South 15`h Street, crosses SR-515 (Benson Road) and ties into and follows Puget Drive. This trail route needs to be maintained. 5. A connection for the Oakesdale Avenue SW trail under I-405 needs to be accommodated and maintained. 6. The existing Springbrook Trail under I-405 and along the entire Springbrook Creek needs to be maintained. 7. The SW 16`h Trail with connections to the Oakesdale Trail, Springbrook Trail and the Christenson/Interurban trail needs to be maintained. 8. The Christenson and Interurban trails need to be maintained. 9. The Monster Road Trail connection under I-405 needs to be maintained. 10. Pedestrian, bicycle, and vehicular access to Liberty Park, Cedar River Park, and Narco needs to be maintained. 11. The Cedar River Trail needs to be maintained. Previous Meetings The meeting records from the January 31, 2005, meeting accurately reflect comments by the City regarding the Renton Nickel Environmental Assessment Scoping. City Reviewers: Staff involved in reviewing the subject document project are: Sandra Meyer, Transportation Systems Director Nick Afzali; Transportation Planning and Programming Manager Keith Woolley, Civil Engineer, Transportation Systems Dan Hasty, Civil Engineer, Transportation Ron Straka, Surface Water Utility Supervisor Abdoul Gafour, Water Utility Engineering Supervisor Leslie Betlach, Parks Director Stanley Engler, Fire Marshall Peter Renner, Facilities Director H: File Sys\TRP\TRP-10\WSDOT IA05Wickel ProjectWickelProjectCityCommentsWickelProjeet EA City Comments Fiml Feb 10 2005 Allison Ray, I-405 Renton Nickel Project Environmental Manager February 10, 2005 Page 12 Re: Environmental Assessment Scoping Comments Should you have any questions or concerns, please contact Nick Afzali, the City's point of contact for the I-405 project, at (425) 430-7245. Sincerely, 4.(.11 Gregg Zimmerman, Administrator Planning/Building/Public Works Attachments cc (letter only): Alex Pietsch, Administrator, EDNSP Dennis Culp, Administrator, Community Services Leslie Betlach, Director, Parks Department Sandra Meyer; Director, Transportation Systems Nick Afzali, Transportation Planning and Programming Manager Ron Straka, Utility Engineering Supervisor Abdoul Gafour, Utility Engineering Supervisor Stan Engler, Fire Marshall File H: File Sys\TRP\TRP-10\WSDOT 1405Wickel ProjectWickelProjectCityCommentsWickelProject EA City Comments Final Feb 10 2005 VN Nk \�\ U' (' Southbound I-405` I , ♦ • • • a • �wastStatengton St -I' Mpartmout of Transportation im, _w X :lr > Or It mill mw NOW ft �•ner • _ , - w " > ae A �� EXISTING UT PLAN