HomeMy WebLinkAboutD_Kennydale Beach Park Playground_v3DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_Kennydale Beach Park Playground_v3
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT
EVALUATION FORM & DECISION
DATE OF DECISION: January 20, 2022
PROJECT NUMBER: LUA21-000454, SME
PROJECT NAME: Kennydale Beach Park Playground Replacement
PROJECT MANAGER: Brittany Gillia, Assistant Planner
APPLICANT/CONTACT: Betsy Severtsen, Renton Parks, Planning, and Natural Resources
1055 S Grady Way, Renton, WA 98057
OWNER: King County Parks
500 4th Ave, Suite 830, Seatte, WA 98104
PROJECT LOCATION: 3601 Lake Washington Park Blvd N
PROJECT DESCRIPTION: The applicant, the City of Renton’s Parks, Planning and Natural Resources division, is
requesting a shoreline exemption to remove and replace 18-year-old play equipment at Kennydale Beach Park
(APN 3124059004). The project site is a 2,800 square foot (0.05 acre) playground (Attachment A) located on the
northern portion of the 5.7 acre parcel owned by King County Parks and leased to the City of Renton (Attachment
B, C). The project site is located in the Residential 8 (R-8) zoning district, the Regulated Shoreline Lake
Washington Reaches (LW-D), and the Shoreline Residential environmental designation and is mapped with High
Landslide Hazards. The basis for the exemption request is “Normal maintenance or repair of existing structure or
developments.” Both the current and proposed use of the site is a play area with multiple pieces of play
equipment (Attachment D, E).
The replacement will occur within the existing play area footprint that is within a sand-surfaced area separated
from Lake Washington by a concrete bulkhead. Field-drainage occurs on the site through the sand substrate. No
excavation or fill is anticipated, and no trees will be removed as part of this proposal. The nearest proposed
playground equipment piece is located approximately 17 feet away from the shoreline of Lake Washington, and
the shoreline in that location is a bulkhead. Demolition and construction are estimated to begin on or near
January 24, 2022 and the total estimated cost for design, materials, removal, and replacement of the play
equipment is approximately $134,200. The applicant anticipates applying for a building permit for the shade
structures associated with the playground equipment. The project site is located within the Shoreline Residential
designation and Lake Washington Reaches (LW-D). Proposed work would occur approximately 17 feet from the
ordinary high-water mark (OHWM).
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Development
Kennydale Beach Park Playground Replacement LUA21-000454, SME
Permit Date: January 20, 2022 Page 2 of 3
D_Kennydale Beach Park Playground_v3
SEC-TWN-R: SE-31-24-5
LEGAL DESCRIPTION:
(King County Assessor)
BN FORMERLY NP R/W OVER SE 1/4 OF STR 31-24-05 LESS POR WLY OF LN BAAP ON
N LN SD SUBD 35 FT W FR C/L SD R/W TH SWLY TAP 45 FT W - AT R/A'S FR SD C/L &
25 FT S FR SD N LN TH W 5 FT & LESS POR PER SURV REC #9901299008 LESS POR PER
SURV REC NO 9904129002 & LESS PER REC # 20001218000913 (SEE RENTON SP#
LUA-10-038-SHPL REC# 20101229900002) LESS POR GL 3 SD STR DAF - BEG SE 1/4
COR SD SEC 31 TH N 1-48-16 E 2455.27 FT TH N 88-11-44 W 41.34 FT BNG C/L LK
WASH BLVD TH S 20-04-48 W ALG SD C/L 405.39 TH ALG CRV TO R RAD 1602.25 FT
ARC DIST 217.53 FT TH N 59-28-15 W 63.79FT TAP 20FT AS MEAS RADIALLY FROM BN
R/R MAINTRACK C/L TH SLY PLT SD C/L ALG CRV TO R RAD 1552.2 FT ARC DIST 25.02
FT TH N 59-28-15 W 119.27 FT TH N 25-57-59 E 25.11 FT TH S 59-28-15 E 120.53 FT
TO POB
WATER BODY/REACH: Lake Washington Reaches (LW-D)
CRITICAL AREA: High Landslide Hazard and Regulated Slopes (>25% & <=40%)
SHORELINE EXEMPTION JUSTIFICATION: An exemption from a Shoreline Management Substantial Development
Permit in accordance with RMC 4-9-190C “Exemption from Permit System” is justified for the following reasons:
The basis for the exemption request is “Normal maintenance or repair of existing structure or developments.”
According to WAC 197-27-040(2)(b) and RMC 4-9-190, “Replacement of a structure or development may be
authorized as repair where such replacement is the common method of repair for the type of structure or
development and the replacement structure or development is comparable to the original structure or
development including, but not limited to, its size, shape, configuration, location and external appearance and the
replacement does not cause substantial adverse effects to shoreline resources or environment.” Both the current
and proposed use of the site is a play area with multiple pieces of play equipment. The existing equipment is
outdated and being replaced with styles of play equipment that meet current safety standards. The new
equipment will reduce the maximum fall height on site and improve general safety conditions.
FINDINGS: The proposed development is:
i. Consistent with the policies of the Shoreline Management Act.
ii. Not Applicable to the guidelines of the Department of Ecology where no
Master Program has been finally approved or adopted by the Department.
iii. Consistent with the City of Renton Shoreline Master Program.
DECISION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved.
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Development
Kennydale Beach Park Playground Replacement LUA21-000454, SME
Permit Date: January 20, 2022 Page 3 of 3
D_Kennydale Beach Park Playground_v3
SIGNATURE & DATE OF DECISION:
_____________________________________ ______________________________
Vanessa Dolbee, Planning Director Date
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will
be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal
within the 14-day appeal time frame.
APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on February 3, 2022. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are
governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the
City Clerk’s Office, cityclerk@rentonwa.gov.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: Site Plan, Resolution No. 25252, King County Lease and Ownership Transfer, Project Narrative,
Existing and Proposed Equipment
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
1/20/2022 | 4:01 PM PST
Kennydale Beach Playground: Neighborhood Detail Map
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
11/12/2021
Legend
680 34
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
68
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
Parcels
City Boundary
Kennydale Beach Park
Playground Equipment
Replacement
Lake Washington Blvd NBurnett Ave NN 36th St
ATTACHMENT A
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
17 ft
17 ft
PROPOSED
5-12 AGE PLAY
STRUCTURE
PROPOSED
2-5 AGE PLAY
STRUCTURE
PROPOSED
SAND-PLAY
DIGGERS
EXISTING
SWINGSET TO BE
REMOVED
EXISTING
SAND-PLAY
DIGGERS AND
PLAY STRUCTURE
POLES TO BE
REMOVED
EXISTING PLAY
STRUCTURE TO BE
REMOVED
2,794 sf
Kennydale Beach Park Playground: Site Plan
ACCESS GATE
(EXISTING PARK
MAINTENANCE
ACCESS)
PROPOSED SHADE
STRUCTURE
EXISTING
SWINGSET TO BE
REMOVED STAGING ANDACCESS AREAATTACHMENT A
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
.:yt1 .4 bL4&I
RESOLUTION NC 25252
WHEREA$,King County has accepted the quit claim deed o
the Kennydale Coimnunity Club conveying ota 2,3,4,5,6,7,8,9,
and 10,Block A,HiUman’s Lake Washington Garden ofEden Addition
to the City of Seattle No.1 for public beaci and park purposes in
Board of County Conmiiasioners Resolution No.11386 dated June 20,
19493 and
WHEREAS,by its Resolution No.11386 King County has set
aside said real property for a public park and beach and designated
it
King County Park No,41;and
WIREAS,said King County ?ark No.41 is presently entre1y
situated within the limits of the City of Renton,a municipality;and
{RE4$,King County no longer desires to maintain said real
property for a public park and beach purpose,and said park s surplus
to King County’s needs;and
WhEREAS,Kennydale Community Club has now conveyed its interest
by quit claim deed in said real property to the City of Renton for
public beach and park purposes ;and
WHEREAS,the City of Renton desires to acquire King County ‘a
interest in said real property so as to continue to maintain said
real property as a public park and beach;and
WHEREAS ROW 36,68.010 and ROW 36.34.130 permit the diuposi
tion of said real property to another governmental agency by means
of private negotiation and upon such terms as m be agreed upon;
NOW THEREFORE,BE IT RESOLVED that the following described
real property:
Lots 2,3,4,5,6,7,8,9 and 10,Block A,Hiliman’s
Lake Washington Garden of Eden Addition to the City
of Seattle No.1,located in King County,
now known as King County Park No.41,.be conveyed by quit claim
deed to the City of Rent on for publiC •pa’k and beac)purposea and
ATTACHMENT B
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
--V.
Ed Munro,Chaiz’man
Scott Wallace
—
25252
BE IT PURTifER RESOLVED that lUng County Reo1ution NO.11386
be rescinded,and that King County Park No.41 be terminated and
removed rrom the rolls oCing County public parks.
PASSED thiç day of December,1962.
EQARD OP COI3)ITY COMMISSIONERS
icm COUNTY,wmarON
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ATTEST:
:ROBERT A.MORRIS
Clerk of t1 Board
By
‘rrien
?-c9Zz
Deputy
r V V
ATTACHMENT B
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
MayorFrankAlimentandMembersoftheCityCoimoilRenton,WashingtonGentlemen:TheTransferofDeedtoKonnydaleBeach,whichwasauthorizedbyKingCountyResolutionNo.25252,hasbeenreceivedbytheCityofRenton.Thiscoversthefollowingdescribedrealproperty:Lots2,3,Ii.,5,6,7,8,9and10,BlockA,human’sLakeWashingtonGardenofEdenAdditiontotheCityofSeattleNo.1,locatedinKingCounty.ItistherecommendationoftheParkBoardthatthispropertybeaccepted.spectfullysubmitted,GeneL.Coulon,SuperintendentParksandRecreationDepartmentHI®,WASHINGTOIJtheJetTransportCapitaloftheWorldApril8,1963ddATTACHMENT BDocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
Minutes of the Renton City Council Meeting 4—8—63
COMMUNICATIONS:(cont.)
A letter read from City Clerk Nelson advised that total expenses for the
Census Enumeration amounted to $3,305.54 which exceeded the budgetary appropriation
by $305.54.Slaries and wages totalled $2,748.66 which amount will need to be
transferred into the Payroll Account for disbursement at this time.The following
transfers were deemed in order and authorization requested therefor at this time:
FROM:Non—Departmental
7035/625,Assn.Dues $115.00
7035/631,Miscellaneous 190.54
7035/632,Census 2,443.12 $2,748.66
UNTO:CITY CLERK
7003,Sslaries &Wages $2,748.66
Moved by Bruce,seconded by Gianini,to concur in the transfer of funds as outlined.
Carried.Moved by Trimm,seconded by Garrett,to refer the matter to the Ordinance
Committee.Carried.
A letter from the Renton Aerie No.1722,Fratcrnal Order of Eagles,announced
their annual City Employees Night,Wednesday,April 17,1963,at 316 Third Avenue,
at 8:30 p.m.All City Personnel(and spouse)ar-e initeUand it was requested that the
City Clerk be notified how many persons from each Department will be planning to
attend.
Moved by Reid,seconded by Delaurenti,to notify the Eagles of acceptance and
express thanks on behalf of the City Personnel.Carried.
The.Clerk reported that communications have been received from Mayor Aliment,
the Sup’t.of Schools within the area,Department of Commerce and Economic Development
and the County Commissioner relative to dispensation of review board proceedings in
the pending annexation of property in the Bryn Mawr area owned by Earl Mclaughlin.
Pursuant to Section 4,Senate Bill #16,Chapter 282,Session Laws of 1961,the property
being less than ten acres and less than $200,000.00 in assessed valuation and written
consent by proper parties being given thereto,the review board proceedings are hereby
dispensed with.Hearing on the matter had been requested for April 15,1963.
Moved by Delaurenti,seconded by Poli,to approve the dispensing of proceedings
and the date requested,Monday,April 15,1963,be set for Hearing on the matter.
Carried.Moved by Delaurenti,seconded by Huise,to refer the matter to the Ordinance
Committee for proper Ordinance.Carried.
Application was received from Fantefla Simkins,owner of Pat’s Cafe requesting
that the required license be granted to operatd a Pinball machine in said place of
business.
Moved by Poli,seconded by Bruce,to refer the application to the Police and
License.Committee with Power to Act.Carried.
A letter from Vincent D.Miller,Jr.,written on behalf of his sister and brothers
as well as himself,requested Council consideration of recinding action relative to
recently instituted No Parking along Hardie Place which Mr.Miller deems has caused
their tenant Glen Grant to close his used car lot.It was pointed out that parking is
allowed on the North side of the adjoining property and it was requested that two—hour
parking be allowed in lieu of the no parking now prevailing.
Moved by Garrett,seconded by Bruce,to refer the communication to the Street and
Alley Committee.Carried.
A letter from Mr.Gene Coulon,Sup’t.of parks &Recreation,advised of receipt
(\of Deed transferring Kennydale Beach to the City as authorized by King County Resolution ))No.25252,and covering the following described property:Lots 2,3,4,5,6,7,8,9
.(
‘and 10,Block A,Hillman’s Lake Washington Garden of Eden Addition to the City of Seattl.>
No.i,-.19cated in King County.It the o ‘;Board that this \document be.acépted.hi .I
1’,seconded I..)flerty Committe]
‘Carried.
U,000.00 must be
,.proper budgetary acçoi
-for the
itted the :--:ee relative
tht $ll ys:received
revenueè iii .t.cuf átive -:Reserve
i orer[that expenditure maii be.madê’i -.-.ire.truck..
-.ved by Cister,seconded by Poli,to concur.Carried.:-yTrimm,seconded
by Custer1 to refer the matteri to the Ordinance C
ATTACHMENT B
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
••.zc:.a.maczn’cwtxJanuaz’y8,i93KingCountyComIssonerá40%King.CountyCouvthouseSeattle4,WashingtonHRalpha.DeputyThØReutanCityCuncilati1#reguiarnieetingo•Janiiai7,3.963,baa.accentedyourResolution)o2522andthanksyouorthisconveyanceof.ngCowrtyParkNo.41rntothaCityoRénton1Youzsvexyty,IHeim!te.W.iela.o.CityClgrkATTACHMENT BDocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
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TREASURER’S DEED
S..
STATE OF WASHINGTON )
COUNTY OF K I N G )
THIS INDENTURE,Made this day of April
1963,between A.A.TREMPER as Treasurer of King County,State of
Washington,the party of the first part,and the CITY OF RENTON,
a municipal corporation of the State of Washington,party of the
second part.
WITNESSETH,That whereas,King County,Washington,did,
by King County Resolution No.11386,set aside certain real property
for a public park and beach and designated it as King County Park
No.41,said real property being conveyed to King County by the
Kennydale Community Club for public beach and park purposes only;and,
WHEREAS,it has been determined that said real estate
is no longer necessary or desirable as a public park for King CountyandthatsaidparkissurplustoKingCounty’s needs;and
WHEREAS,the Kennydale Community Club has conveyed its
interest in said real property to the City of Renton for public
beach and park purposes;and,
WHEREAS,said real estate is totally within the corporate
limits of bhe City of Renton;and,
WHEREAS,the City of Renton desires to acquire the interest.5 .51 445
-‘of King County ifl said real property so as to continue.o maintain
-the same as a public park and beach;and,
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ATTACHMENT B
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
WHERKAS,under the laws of tke State of Washington,the
:disposition of said real property maybe made to another governmental
agency;and,
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WHEREAS,the Board of King Cpur)ty Commissioners has,by
‘King County Resolution No.25252,authorized the transfer of the
following-described real property to the City of Renton,a municipal
corporation of the State of Washing;on,.bo-wit
Lots 2,3,4,5,6,T,8,9 andlO,Block A,
Hillma&s Lake WashingtonGarden of Eden
Addition to the City of Seattle No.1,located
in King County;
NOW,THEREFORE,know ye that I,A.A.THEMPER,County
Treasurer of said County of King,Stateof Washington,in considera
tion of the premises and by virtue of the statutes of the State of
Washington,in such cases made and provided,do hereby quit claim
by and on and beh4lf of King County,State of Washington,to the
City nf Renttn.a municipal corporation of the State of Washington,
its heirs and assigns,forever,the said real estate hereinbefore -
described,as fully and completely as the said party of the first
part can by virtue of the premises convey the same.
Given under my hand and the seal of office this 5th day
of April ,1963
A.A.ENTER.
County Tré’
‘i as to form:
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ATTACHMENT B
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
PortofSeattJeKingCountyRECEIVEDFEB152013February14,2013C41DYOF_RENONPUBLICWORKSADMINRE:EastsideRailCorridorNoticeofNewOwnershipDearEastsideRailCorridorTenant:OnFebruary13,2013,KingCounty(County)purchaseda15.6-mileportionoftheEastsideRailCorridor(ERC)fromthePortofSeattle.Thisactionisthefinalstepinaneffortthatbeganin2003whentheBurlingtonNorthernSantaFeRailwayCompany(BNSF)announceditsintentiontosella42-milecorridorthatextendsfromRentontoSnohomish.RecordsobtainedfromBN$FandthePortindicatethatyouareacurrenttenantonpropertythatisnowownedbytheCounty.Atenantincludesanyentitythatholdsapermit,thirdpartylease,license,orcontracttouseaportionofthecorridorforprivatedriveways,parkingutilitycrossingsorotherpurposes.ifyourtenancyontheERChasrequiredthepaymentofrentonaperiodicbasis,youshouldsendrentalpayments,consistentwiththetermsofyourexistingagreement,dueonorafterFebruary28,2013,totheCountyatthefollowingaddress:KingCountyRealEstateServices500FourthAvenue,Room830Seattle,WA98104PleasemakeyourcheckormoneyorderpayabletoKingCountyFinanceandincludeyourpermitnumberonyourformofpayment.Ifyourtenancyhasrequiredapaymentofrentonaperiodicbasisandifanyofyourpaymentswereduepriortofebruary28,2013,youshouldsendthetotalamountofsuchpaymentstothePortofSeattleatthefollowingaddress:PortofSeattleP.O.Box34249Seattle,WA98124-1249PleasemakeyourcheckormoneyorderpayabletoPortofSeattle.ATTACHMENT CDocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
LAG 00’Y-$5
No.247,678 -
INDEFINITE TERM LEASE
Re:229,863,10-16-78 6 200G
CQf,RENTor
‘
THIS LEASErnade this 16th day of January 1985 ,between
BURLINGTON NORTHERN RAILROAD COMPANY,a Delaware corporation,hereinafter called “Lessor”,and
CITY OF RENTON,a municipal corporation of the State of Washington,
whosepostolficeaddressis Renton Park Department,200 Miii Avenue South,Renton,Washington
98055
hereinafter called “Lessee”,
WITN ESSETH:
In consideration of the covenants hereinafter contained to be kept and performed by Lessee,Lessor hereby
leases to Lessee upon the terms and conditions hereinafter set forth the following described premises situate in the
City of Renton ,County of King ,State of Washington
All that part of the premises of the said Lessor as shown outlined red on the print
hereto attached,marked Exhibit A dated January 7,1985,and made a part hereof;
Lessee is also hereby granted non—exclusive use of a roadway as shown outlined green
on said Exhibit “A”.
SAVING AND RESERVING to Lessor,its successors and assigns,the right to construct,maintain and
operate a railroad track or tracks or to construct,maintain and use or permit others to construct,maintain and use
buildings or other structures for railroad purposes located or to be located upon any part of the above-described
premises not occupied by the buildings and structures hereinafter mentioned;to construct,maintain and use or
permit to be constructed,maintained and used by others any existing or additional pipe,telephone,telegraph or
power transmission line,or water or sewer system,or other such facilities,over,on or beneath the said premises;to
make any change in grade or location of its railroad or any of its tracks,or to rearrange its station facilities,or to
use the said premises or any part thereof for railroad purposes;to allow the placement of signs and signboards for
commercial or other purposes upon the leased premises so long as the placement of such signs or signboards does
not interfere with the operation of Lessee’s business on said premises;and further saving and reserving to Lessor or
its agent the right to enter thereon for any one or more of such purposes without payment to Lessee of any sum
for damage of any nature which may be caused thereby.
Lessee hereby leases said premises from Lessor for the indefinite term hereof subject to the covenants and
promises following,which Lessee agrees to observe and perform,to-wit:
1.Lessee shall use and occupy said premises for the sole and exclusive purpose of constructing,
maintaining,and opeatng thereon a park with bathing beach facilities and recreational equip
ment.
No other buildings,structures,additions,alterations or improvements shall be erected or made on the premises by
Lessee or at the direction of Lessee,save with the express permission of Lessor in writing and at the sole cost of
Lessee.
2.Lessee shall pay annually,in advance,as rental for said premises the sum of Three Hundred Seventy—
Five and No/100 Dollars ($375.00)for the first five (5)year period and for each five (5)
years thereafter.
Form 60013 11-79
ATTACHMENT C
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
The blUing or acceptance by Lessor of any advance rental hereunder shall not imply any definite term to this leasenorwillitservetoextendthisleasefortheperiodoftimecoveredbysuchrentalpaymentorotherwiseoperatetorestricteitherpartyheretofromterminatingthiseaseinaccordancewiththeprovisionsofparagraph15.
3.Lessor reserves the right to change the rental stipulated herein at any time while this lease remains ineffect.
4.f a)Lessee shall pay all taxes,license fees and other charges (see paragraph 4 (b)below.for payment ofspecialassessmentsforpublicimprovements)which may become due or which may be assessed against saidpremises,against Lessee,against the business conducted on said premises or against any and all improvementsplacedthereonduringorfortheperiodoftheactualtermhereof,even though such taxes,license fees or otherchargesmaynotbecomedueandpayableuntilafterexpirationorcancellationofthislease.Lessee shall reimburseLessorforanysuchtaxes,license fees or other charges which may be paid by Lessor promptly upon thepresentationbyLessor,of bills for the amount thereof,and in default of such reimbursement,all sums so paid byLessorshallbedeemedtobeandshallbetreatedasadditionalrentalandrecoverableassuchhereunder.
(b)In the event the premises hereby demised,or any part thereof,shall be subject to any specialassessmentforanypublicimprovementorimprovementsandsaidassessmentisintheamountofFiveHundredDollars($500.00)or less,Lessee shall reimburse Lessor in full,promptly upon the presentation by Lessor of billsfortheamountthereof.In the event the amount of said assessment exceeds Five Hundred Dollars t$500.00),therentalhereinreservedandstioulatedtobeoaidbyLesseeshallbeautomaticallyincreasedbyanamountequaltotwelvepercent(12%)per annum of the total amount of said assessment.
5.Lessee shall not place,or permit to be placed,or to remain,any material,structure,pole or otner
obstruction within 8 feet laterally of the center line or within 23 feet vertically from the topof the rail of any
track;provided that if by statute or order of competent public authority greater clearances shall be required than
those pr.ovided for in this paragraph 5,then Lessee shall strictly comply with such statute or order.However,
vertical or lateral clearances which are less than those hereinbefore required to be observed but are in compliance
with statutory requirements will not be or be deemed to be a violation of this clause.Lessee agrees to indemnify
Lessor and save it harmless from and against any and all claims,demands,expenses,costs and judgments arising or
growing out of loss of or damage to property or injury to or death of persons occurring directly or indirectly by
reason of any breach of the foregoing or any other covenant contained in this agreement.
Should either or both the lateral and vertical clearances hereinbefore required to be observed be
permitted to be’reduced by order of competent public authority,Lessee hereby agrees to strictly comply with the
terms of any such order and indemnify and hold harmless Lessor from and against any and all claims,demands,
expenses,costs and judgments arising or growing out of loss of or damage,to property or ‘injury to or death of
persons occurring directly or indirectly by reason of or as a result of any such reduced clearance.
Lessor’s operations over the track with knowledge of an .unauthorized reduced clearance shall not be or
be deemed to be a waiver of the foregoing covenants of Lessee contained in this clause or of Lessor’s right to
recover for such damages to property or injury to or death of persons that may result therefrom.
6.Lessee,at Lessee’s sole cost and expense,shall install and maintain adequate facilities for fire protection
in all buildings and structures upon said premises.Lessee also,at Lessee’s sole cost and expense,shall observe.and
comply with all the rules,regulations and orders of any duly constituted authority and of any board of fire
underwriters having jurisdiction of said premises and all provisions of any fire insurance policy covering said
premises.
7.Lessee shall not permit the existence of any nuisance on said premises;shall maintain and keep the same
in proper,clean,safe and sanitary condition and free and clear of any explosive,flammable or combustible materiat
which would increase or tend to increase the risk of fire,except for such material as may be necessary to Lessee’s
business;and further,Lessee shall keep,observe and comply with all federal,state and local regulations,ordinances
and laws,and with the regulations of any duly constituted legal authority having jurisdiction of the premises,and
at Lessee’s sole cost shall make any and all improvements,alterations,repairs and additions and install all
appliances required on said premises by or under any such regulations,ordinances or laws.If,as a result of Lessee’s
occupancy of the premises and its operations hereunder,any such regulation,ordinance or law is violated,Lessee
shall protect,save harmless,defend and indemnify Lessor from and against any penalties,fines,costs and expenses,
including legal fees and court costs incurred by Lessor,caused by,resulting from,or connected with such violation
or violations.Lessee shall not place or permit to be placed any advertising matter upon any part of said premises or
upon any improvements thereon except such as is necessary to advertise Lessee’s own business.
8.Lessee shall comply with all applicable laws and ordinances and all rules,regulations and requirements of
any governmental authority promulgated thereunder controlling environmental standards and conditions on the
premises.If,as a result of Lessee’s occupancy of the premises and its operations hereunder,any such law,
ordinance,rule,regulation or requirement is violated,Lessee shall protect,save harmless,defend and indemnify
Lessor from and against any penalties,fines,costs and expenses,including legal fees and court costs incurred by
Lessor,caused by,resulting from or connected with such violation or violations.
9.Lessee,at Lessee’s sole cost and expense,shall keep the premises hereby demised in good condition and
shall make all repairs and renewals that from time to time may be necessary to keep any improvements which may
be located thereon in good condition and repair and ready and fit for occupancy.
10.(a)It is understood by the parties that said premises are in dangerous proximity to the tracks of Lessor
and that property on said premises will be in danger of injury or destruction by fire incident to the operation,
maintenance or improvement of the railway,and Lessee accepts this lease subject to such dangers.It is therefore
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ATTACHMENT C
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
agreed,as one of the material considerations of this lease without which the same would not be granted,that
Lessee assumes all risk of loss,damage or destruction by fire to buildings or contents or to any other property
brought upon or in proximity to said premises by Lessee,or by any other person with the consent or knowledge of
Lessee,without regard to whether such fire be the result of negligence or misconduct of any person in the employ
or service of Lessor or of defective appliances,engines or machinery,except to the premises of Lessor and to rolling
stock belonging to Lessor or to others,and to shipments of third parties in the course of transportation.Lessee
hereby indemnifies and agrees to protect Lessor from all such loss,damage or destruction to property,including
claims and causes of action asserted against Lessor by any insurer of said property.
fb)Lessee also agrees to indemnify and hold harmless Lessor for loss,damage,injury or death from any
act or omission of Lessee,Lessee’s invitees,licensees,employees,or agents,to the person or property of the parties
hereto and their employees,and to the person or property of any other person or corporation while on or near said
premises;and if any claim or liability,other than from fire,shall arise from the joint or concurring negligence of
both parties hereto,it shall be borne by them equally.
11.It is agreed that the provisions of paragraphs 5 and 10 are for the equal protection of any other railroad
company or companies,including National Railroad Passenger Corporation (Amtrak),heretofore or hereafter
granted the joint use of Lessor’s property,of which said premises are a part.
12.(a)Without the written consent of Lessor,Lessee shall not assign this lease or any interest therein,or
sublet,and no heir,executor,administrator,receiver,master,sheriff,trustee in bankruptcy,or other assignee by
operation of law shall assign or sublet without such written consent.
(b)In the event of assignment of this lease,Lessor,having no advice to the contrary,shall at such time
credit all unearned rental hereunder to the assignee.Any other disposition of unearned rental will be made by
Lessor only upon the joint written request of both Lessee and Lessee’s assignee at the time of submitting said
assignment to Lessor for its consent.
13.If,because of any act or omission of Lessee,any mechanic’s lien or other lien,charge or order for the
payment of money shall be filed against Lessor or any portion of the demised premises,Lessee shall,at its own cost
and expense,cause the same to be discharged of record within thirty (30)days after written notice from Lessor to
Lessee of the filing thereof;and Lessee shall indemnify and save harmls’Lessor aäinst and from all costs,
liabilities,suits,penalties,claims and demands,including legal fees and court costs,resulting therefrom.
14.Each and all of the covenants and promises made by Lessee herein are material considerations herefor,
and upon the breach or non-performance by Lessee of any of the said covenants or promises,Lessor,at its option,
may re-enter said premises,or any part thereof in the name of the whole,upon ten (10)days’written notice to
Lessee,and may have,repossess and enjoy the same as of its former estate,and may terminate this lease and all
rights hereby granted.A waiver by Lessor of a default shall not be deemed a waiver of any subsequent default of
Lessee.If the default shall consist of nonpayment of rental or taxes,or other charges,at the time of termination of
this lease in accordance with the provisions of this clause,such nonpayment of rental and taxes shall,until paid,
constitute a lien upon said structures,improvements and property owned by Lessee and the lien may be foreclosed
according to law.Lessee shall not remove said structures,improvements or property until said rental,taxes or other
charges are paid,unless directed to do so by Lessor.
15.Notwithstanding any requirement herein for payment of rental in advance for a period in excess of one
month,it is further agreed that either party may terminate this lease at any time for any reason upon giving the
other party not less than thirty (30)days’written notice of such termination;provided,however,that rent shall be
paid by said Lessee to the date of termination fixed by said notice.Upon the date of termination of this lease,
Lessee shall,at its own sole cost and expense,remove or cause to be removed all buildings,structures,foundations,
footings,materials,signs or signboards,debris or other articles or facilities owned or used by Lessee or placed on,
above or below the surface of the premises by Lessee or by any person,firm or corporation or former Lessee.
Lessee agrees to restore and level the premises to a condition satisfactory to Lessor.
It is expressly understood by Lessee that until such time as the premises are surrendered to Lessor free
and clear of all buildings,structures,foundations,footings,materials,signs or signboards,debris or other articles or
facilities not belonging to Lessor and the premises are restored to a neat and orderly condition satisfactory to
Lessor,Lessee shall he liable to Lessor for such rental,including taxes,as Lessor may from time to time determine.
Lessee shall also be liable to Lessor for any and all losses and/or damages which Lessor may sustain or become
liable for resulting from the failure of Lessee to restore the premises to a neat and orderly condition.Lessor may at
its own sole election appropriate any property or improvements remaining on the demised premises for its own use
without compensation to Lessee,or may dispose of any such property or improvements without any liability
whatsoever to Lessee and charge Lessee for all cost and expense incidental to such removal.
16.All notices hereunder to be given by Lessor to Lessee may be effectually given by letter from Lessor or
its agent or attorney forwarded by Certified Mail—Return Receipt Requested,postage prepaid,addressed to Lessee
at Lessee’s post office address above stated or at such address as Lessee may later give Lessor in writing.
17.All notices hereunder to be given by Lessee to Lessor may be effectually given by letter from Lessee or
Lessee’s agent or attorney forwarded by Certified Mail—Return Receipt Requested,postage prepaid,addressed to
Lessor’s Industrial Development and Property Management Department at 176 East Fifth Street,St.Paul,
Minnesota 55101.
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ATTACHMENT C
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
18.Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet enjoyment.
19.Lessee accepts the leased premises subject to any and all existing permits,licenses,leases,easements,
railroad facilities;pipelines,telephone,telegraph,communication,power and signal lines or any other similar
facilities,together with any future installations thereof provided such future installations do not unreasonably
interfere with Lessee’s use of the leased premises.
20.The invalidity or unenforceability of any provision of this lease shall not affect or impair any other
provision.
Subject to the foregoing provisions,this lease and all of the covenants and promises thereof shall inure to the
benefit of and be binding upon the parties hereto and their executors,administrators,successors and assigns.
IN WITNESS WHEREOF,the parties have executed this lease,in duplicate,the day and year first
hereinabove written.
In Presence of:
,
BURLINGTON NORTHERN RAILROAD COMPANY
-
B/-•----
/.
A.sistant Manager LeaseS
CITY OF RENTON
By
Attest
_______________
Cfty C]erk
4
ATTACHMENT C
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
LI.3)Tll‘1/7-Y’•‘i./I,I41/itIz’—zzEVV.\3/Jy/i/11/,,/,,/.IJi/../---——::.ogL5r•/4/’//i/F:,)I7ZZZVLih/.,..V•_-IJ/J!,tl-i6d-V../iVIifl./rh/i.IiV•..,,,../Vj•_____•.‘/f//Ili1’IfI‘Wr-:L-4.SEIJJ/ll/YI’/•:•/7/’4’JjIij/J/hf7VisC)1€%QFL_.1j/’y1LU/t/It/:JI(/7JVi&_.J/j..tr-V€///(‘./-•Ii/i/r—/1....•j.:://1,4/t/c_çVJ.•,.•.•..•V•/•••V•••••.•.••1/½X/M//-Ez:_.////“/“JY...._./[ftIJ-r/—(•‘./.V•.I4/....••V—.•V-V,--VV•V)::/[f——..V-•.!V/•V•:-•‘.•V—-V.-—-I--—_ZVV•.:-;$1-l.--,.•—.4-———V.••.:—jATTACHMENT C
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
Parks & Recreation
Department Memorandum
DATE: November 12, 2021
TO: Brittany Gillia, Assistant Planner - CED
FROM: Betsy Severtsen, Capital Projects Coordinator – Parks and
Recreation
SUBJECT: Project Narrative: Kennydale Beach Playground
Replacement
The project is located in the northern portion of Kennydale Beach Park in Renton, Parcel
ID: 3124059004. The project consists of removing and replacing 18-year-old play
equipment within the existing 2,800 sq-ft playground location.
The basis for the exemption request is “Normal maintenance or repair of existing
structure or developments”. Demolition and construction are estimated to begin on or
near January 24, 2022. The only other permit anticipated for the project is a building
permit for the shade structures associated with the playground equipment.
Both the current and proposed use of the site is a play area with multiple pieces of play
equipment. The replacement will occur within the existing play area footprint, that is
within a sand-surfaced area separated from Lake Washington by a concrete bulkhead.
Field-drainage occurs in the site through the sand substrate. No excavation or fill is
anticipated. No trees will be removed. The nearest proposed playground equipment
piece is approximately 17 feet from the shoreline of Lake Washington to the West, and
the shoreline in that location is a bulkhead.
The total estimated cost for design, materials, removal, and replacement of the play
equipment is approximately $134,200.
ATTACHMENT D
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
ATTACHMENT E
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
Kennydale Beach Park
Option D Rev3
Color Option : AIHD_105_21DR3
ATTACHMENT E
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
ATTACHMENT E
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852
ATTACHMENT E
DocuSign Envelope ID: 971E5062-29C0-48F6-AF04-2A85C5EF5852