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HomeMy WebLinkAboutSWP271269Keith Woolley - RE: WSDOT Condemnation Lawsuit against Renton, others Page 1._.� From: Gregg Zimmerman To: Warren, Larry, Woolley, Keith Date: 03/28/2008 1:19:41 PM Subject: RE: WSDOT Condemnation Lawsuit against Renton, others Thanks, Larry. I sent my copy of the condemnation lawsuit to Keith. Keith, can you send a copy to Dave Christensen and Abdoul Gafour? Thanks. /4 -k (ea.. .. A rJce Gregg >>> "Larry Warren" <Ilwarren seanet.com> 3/28/2008 9:50 AM >>> I have communicated with the Assistant Attorney General on this and the city has two easements, both from 1986. One is for a fire main and hydrant and the second for a drain. I didn't get full copies, so I don't have legal descriptions, but I do have recording numbers. The water utility and surface water utility should check their records and see what facilities are shown on our records. If you need complete legals, I can go back to the AAG or call a title company. However, I know that the water utility has maps of all of its lines, so I would want a check done anyway to ensure that the state didn't miss something that was important. -----Original Message ----- From: Gregg Zimmermanjmailto:Gzimmerman(a�ci.renton.wa.usl Sent: Thursday, March 27, 2008 4:08 PM To: Keith Woolley Cc: Robert MacOnie; David Christensen, Jay Covington; Peter Hahn; liwarren(cbseanet.com Subject: WSDOT Condemnation Lawsuit against Renton, others Keith, were you aware that WSDOT would be filing a property condemnation lawsuit against Renton, King County, The Plaza at Yarrow Bay, and the Boeing Company in order to obtain needed property for the Talbot Interchange? This sounds like the condemnation action WSDOT used to obtain some property along mainline 1-405 with business interests there in the vicinity of Oakesdale. I just didn't know they intended to do this until I received the Lawsuit Notice and Summons. Has WSDOT talked to you about this? Gregg CC: Abdoul Gafour; Christensen, David; Covington, Jay; Hahn, Peter; Lys Hornsby; MacOnie, Robert 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 cc: /Vlay�- P14k MaInary PW MAR 2 7 2008 RECUVED pTi CI_ER1(q OFPCE V,a ASI)e9a/ &trier THE HONORABLE MICHAEL HEAVEY OAPU Hearing: Friday, April 4, 2008 w/o Oral Argument STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, vs. THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. NO. 08-2-07273-8KNT NOTICE AND SUMMONS IN CONDEMNATION TO THE ABOVE -NAMED RESPONDENTS: A lawsuit has been started against you in the above -entitled court. The Petitioner's claim is stated in the Condemnation Petition, a copy of which is served upon you with this Notice and Summons in Condemnation and which has been filed with the clerk of the court. Notice is hereby given that the Petitioner will, on Friday, April 4, 2008, or as soon after as can be heard, seek an order of public use and necessity as described in RCW 8.04.070. The hearing will take place at the Kent Regional Justice Center in Kent, King County, Washington. NOTICE AND SUMMONS IN ] ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 "I You are hereby notified that the determination of a public use is for the court to make, and at the time and place indicated above, you may, appear and resist that determination. After the determination by the court that this project is for a public use, the Petitioner will ask the court to set a trial date for determination of the amount of just compensation to be paid for the taking or damaging of the land, property, and property rights. The Petitioner will eventually request that the court vest title in fee simple in the State of Washington. You are required to file a notice of appearance and serve it on the undersigned, or an order of default can be entered against you. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your appearance, if any, may be served on time. This notice and summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington and RCW 8.04.020. DATED this 14th day of March, 2008. NOTICE AND SUMMONS IN CONDEMNATION ROBERT M. MCKENNA 4torney Ge, AMANDA G. PHILY, WSOA # 37667 Assistant Attorney General Attorney for Petitioner STATE OF WASHINGTON 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 EXHIBIT "A" ------------------------------------------------------------------- 2 Parcel Number: 1-19634 3 STATE VS. Plaza at Yarrow Bay LLC 4 DESCRIPTION: 5 All rights of ingress and egress (including all existing future or potential easements of access, 6 light, view and air) to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 6`h St. Vic. and the herein described Tract "X" 7 TRACT "X" 8 PARCEL A: 9 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., 10 in King County, Washington, and Blocks 11 and 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat ,thereof recorded in 11 Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots I through 12, Block 5, Renton View, according to the plat thereof 12 recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: 13 Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 14 19; thence south 01°04'08" west, along the east line of the southwest quarter of the northeast 15 quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; 16 thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; 17 thence south 01°24'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jet. S.S.H. 5-M to Jet. P.S.H. No. 2 - SR 405); 18 thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet 19 through a central angle of 07°05'07", an are distance of 223.83 feet to a point of curve to a spiral curve; 20 thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21 " west, a distance of 292.06 feet to the point of tangency of the 21 spiral curve; thence continuing along said north margin south 80°49'08" west a distance of 213.80 feet; 22 thence south 09°10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; 23 thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 00'15'40", an arc distance of 51.86 feet; 24 thence north 08°55' 12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a 25 radius of 11,360.00 feet through a central angle of 01°52'35", an arc distance of 372.03 feet; thence north 00°02'16" west a distance of 251.51 feet; 26 thence north 61°42'59" east a distance of 258.92 feet; NOTICE AND SUMMONS IN 3 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; 2 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 3 recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated 10`I' Avenue South adjacent 4 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 5 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 6 therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line 7 description; and lying southerly of a line beginning at a point opposite HES 197+89-.58 on said SR 405 8 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 9 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; 10 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 11 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 12 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 13 EXCEPT those portions conveyed to the State of Washington by deeds recorded under 14 Recording Numbers 8708140473 and 8708140474. 15 PARCEL B: 16 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; 17 AND; 18 Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 19 Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; 20 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 21 thence south 01°04'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 22 thence south 55°03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; 23 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 24 thence continuing south 89°44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 25 Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November 5, 1971; 26 thence south 02°36'57" west, along said westerly right-of-way line, a distance of 44.11 feet to NOTICE AND SUMMONS IN 4 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION "Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and having a radial bearing of north 27°00'05" west; thence westerly along said curve through a central angle of 6° 12'09", an arc distance of 192.69 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; thence north 01°24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. SR 405, SR 515 Vic. to S. 6`h St. Vic. 02/07/08 Parcel Number: 1-20425 STATE VS. The Plaza at Yarrow Bay, LLC DESCRIPTION: Parcel 1: All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. 6th St. Vic. and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV NOTICE AND SUMMONS IN CONDEMNATION ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the 2 point of beginning. TOGETHER WITH the temporary right and easement to use and occupy the following 3 described lands to be designated as Parcel 3 for the purpose of providing a work area and 4 operating all necessary machinery and equipment thereon, at any and all times from the date hereof until December 31, 2012. 5 Parcel 3: 6 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on 7 the SRV line survey of SR 405, SR 515 Vic. To S. 6 h St. Vic. And 35 feet northerly therefrom; 8 thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line 9 survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a 10 point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS 11 line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a 12 point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet 13 northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES 14 SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence 15 southerly to the point of beginning. 16 TRACT "X" 17 Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the 18 northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. 19 20 TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 61' St. 21 Vic. and the remainder of said TRACT "X". 22 EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial 23 establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 6 h St. Vic., and to which off 24 and on approach only, the respondents, successors or assigns, reserve a right of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right 25 out only. 26 NOTICE AND SUMMONS IN 6 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67± L/A on said BS Line. The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. SR 405, SR 515 Vic. to S. 6 h St. Vic. 2/8/08 NOTICE AND SUMMONS IN CONDEMNATION 7 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RECEIVED FEB 2 8 2008 ATTORNEY GENERAL'S OFFICE TRANSPORTATION & PUBLIC CONSTRUCTION DIVISION in Ong Coun;, ;iupenor L101 Clerk's 0-M-, F E6 ? 2008 Ozshier 1Qe::tior1 v,N r 3up01'iur 413urt Gloth• i STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, ►m THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. MAR 2, 4 1008 RECENEa !C,ITV CLERICS OFFICE CONDEMNATION PETI The State of Washington, Petitioner, by Robert M. McKenna, Attorney General, and Amanda G. Phily, Assistant Attorney General, petitions and shows to this court: I. The Secretary of Transportation, as authorized by RCW 47.28.010, WAC 468-48-020 and/or resolution of the Washington State Transportation Commission, has surveyed, located, selected, and adopted part of the location for State Route 405, which the legislature has established as a state highway. The highway is located over, across, and/or adjacent to property described in the attached Exhibit "A." This property is located in King County, Washington. CONDEMNATION PETITION I ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division n7n 7141 Cleanwater Drive SW ,/ PO BOX40113 ��. I f- , Olympia, WA 98504-0113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 II. The property and the property rights that the State seeks to acquire are described in Exhibit "A" and are necessary for the construction, maintenance, and operation of a state highway, which is a public use. III. The names of each and every encumbrancer, owner or other person interested in this property or any part of the property so far as can be ascertained from the public records, are as follows: ➢ THE PLAZA AT YARROW BAY LLC; ➢ THE BOEING COMPANY; ➢ CITY OF RENTON; and ➢ ICING COUNTY. The petitioner prays for an order adjudicating that the property or property rights described in Exhibit "A" are necessary for a public use of the State of Washington. DATED this 25a' day of February, 2008. ROBERT M. MCKENNA +X�M�AN—DX ey Ge —44q G. PHILY, WS #37667 Assistant Attorneys Genera Attorneys for Petitioner STATE OF WASHINGTON CONDEMNATION PETTI'ION 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "A" Parcel Number: 1-19634 STATE VS. Plaza at Yarrow Bay LLC DESCRIPTION: All rights of ingress and egress (including all existing future or potential easements of access, light, view and air) to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 6 h St. Vic. and the herein described Tract "X" TRACT "X" PARCEL A: That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington, and Blocks I Iand 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 19; thence south 01°04'08" west, along the east line of the southwest quarter of the northeast quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; thence south 01°24'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405); thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet through a central angle of 07°05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21" west, a distance of 292.06 feet to the point of tangency of the spiral curve; thence continuing along said north margin south 80°49'08" west a distance of 213.80 feet; thence south 09°10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 00'15'40", an arc distance of 51.86 feet; thence north 08°55' 12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a radius of 11,360.00 feet through a central angle of 01°52'35", an arc distance of 372.03 feet; CONDEMNATION PETITION ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia. WA 98504-0113 I thence north 00'02'16" west a distance of 251.51 feet; thence north 61°42'59" east a distance of 258.92 feet; 2 thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; 3 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 4 recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated 10a' Avenue South adjacent 5 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 6 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 7 therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line 8 description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 9 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 10 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; 11 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 12 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 13 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 14 EXCEPT those portions conveyed to the State of Washington by deeds recorded under 15 Recording Numbers 8708140473 and 8708140474. 16 PARCEL B: 17 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., 18 in King County, Washington; AND; 19 Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 20 Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; 21 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 22 thence south 01004'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 23 thence south 55'03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; 24 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 25 thence continuing south 89°44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 26 Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November CONDEMNATION PETITION 4 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 1 5, 1971; thence south 02°36'57" west, along said westerly right-of-way line, a distance of 44.11 feet to 2 the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and 3 having a radial bearing of north 27°00'05" west; thence westerly along said curve through a central angle of 6012'09", an arc distance of 192.69 4 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; 5 thence north 01°24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. 6 SR 405, SR 515 Vic. to S. 6`t' St. Vic. 02/07/08 7 8------------------------------------------------------------------ �9 Parcel Number: 1-20425 10 STATE VS. The Plaza at Yarrow Bay, LLC 11 12 DESCRIPTION: 13 Parcel 1: 14 All that portion of the hereinafter described TRACT "X" lying within the following tract of 15 land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet 16 southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; 17 thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line 18 survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a 19 point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line 20 survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said 21 SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. 22 TOGETHER WITH a perpetual easement to use and occupy the following described lands to 23 be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: 24 25 1 Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning 26 CONDEMNATION PETITION 5 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. 6`h St. Vic. and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the point of beginning. TOGETHER WITH the temporary right and easement to use and occupy the following described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date hereof until December 31, 2012. Parcel 3: All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. To S. 6 h St. Vic. And 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly, therefrom; thence southwesterly to a point opposite HES SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence southerly to the point of beginning. TRACT "X" Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 6tb St. Vic. and the remainder of said TRACT "X". EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as CONDEMNATION PETITION ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 I shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 6'h St. Vic., and to which off and on approach only, the respondents, successors or assigns, reserve a right of reasonable 2 access for that purpose only. Said approach is restricted for use by traffic as a right in, right out only. 3 EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the 4 right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67f UA on said BS Line. 5 The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in 6 temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which 7 are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, 8 revised August 30, 2007. 9 SR 405, SR 515 Vic. to S. 6 h St. Vic. 2/8/08 1011 ------------------------------------------------------ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDEMNATION PETITION 7 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olvmnia, WA 98504-0113 KING COUNTY SUPERIOR COURT CASE ASSIGNMENT DESIGNATION and CASE INFORMATION COVER SHEET (cics) RECEIVED FEB 2 8 ' 2008 ATTORNEY GENERAL'S OFFICE TRANSPORTATION & PUBLIC CONSTRUCTION DIVISION �;6 —V Or 'REP! f00 RECE VED f;ITV f:l_F.PK."; nc�q�r In accordance with LR82(e), a faulty document fee of $15 will be assessed to new case filings missing this sheet pursuant to King County Code 4.71.100. CASE CAPTION: State v. THE PLAZA AT YARROW BAY LLC, et al. I certify that this case meets the case assignment criteria, described in King County LR 82(e), for the: Seattle Area, defined as: X Kent Area, defined as: All of King County north of Interstate 90 and including all of the Interstate 90 right-of-way; all the cities of Seattle, Mercer Island, Bellevue, Issaquah and North Bend; and all of Vashon and Maury Islands. All of King County south of Interstate 90 except those areas included in the Seattle Case Assignment Area. ROBERT M. MCKENNA Atto ney General February 25, 2008 AMMANWDAG. PHILY WSBA# 7 DATE Attorneys for Petitioner STATE OF WASHINGTON L: forms/cashiers/cics Rev 01 /04 KING COUNTY SUPERIOR COURT CASE ASSIGNMENT DESIGNATION and CASE INFORMATION COVER SHEET Please check one category that best describes this case for indexing purposes. Accurate case indexing not only saves time but helps in forecasting judicial resources. A faulty document fee of $15 will be assessed to new case filings missing this sheet pursuant to Administrative Rule 2 and King County Code 4.71.100. APPEAL/REVIEW Administrative Law Review (ALR 2)* Civil, DOL (DOL 2)* CONTRACT/COMMERCIAL Breach of Contract (COM 2)* Commercial Contract (COM 2)* Commercial Non -Contract (COL 2)* Meretricious Relationship (MER 2)* Third Party Collection (COL 2)* DOMESTIC RELATIONS Annulment/Invalidity (with dependent children? Y )(INV3)* Child Custody (CUS 3)* Nonparental Custody (CUS 3)* Dissolution With Children (DIC 3)* Dissolution With No Children (DIN 3)* Enforcement/Show Cause Out of County (MSC 3) Establish Residential Sched/Parenting Plan(PPS 3)* EE Establish Residential Sched Supprt Only (PPS 3)* EE Legal Separation (with dependent children? Y N ) (SEP 3)* Mandatory Wage Assignment (MWA 3) Modification (MOD 3)* Modification - Support Only (MDS 3)* Out-of-state Custody Order Registration (OSC 3 or 5) Reciprocal, Respondent in County (RIC 3) Reciprocal, Respondent Out of County (ROC 3) Registration of Out of State Support Court Order (FJU 3) Relocation Objection/Modification (MOD 3)* ADOPTION/PATERNITY Adoption (ADP 5) Challenge to Acknowledgment of Paternity (PAT 5)* Challenge to Denial of Paternity (PAT 5)* Confidential Intermediary (MSC 5) Establish Parenting Plan -Existing King County Paternity (MSC 5)* Initial Pre -Placement Report (PPR 5) Modification (MOD 5)* Modification -Support Only (MDS 5)* Paternity (PAT 5)* Paternity/UIFSA (PUR 5)* Registration of Out of State Support Court Order (FJU 5) Relinquishment (REL 5) Relocation Objection/Modification (MOD 5)* Rescission of Acknowledgment of Paternity (PAT 5)* Rescission of Denial of Paternity (PAT 5)* Termination of Parent -Child Relationship (TER 5) DOMESTIC VIOLENCE/ANTIHARASSMENT Civil Harassment (HAR 2) Confidential Name Change (CHN 5) Domestic Violence (DVP 2) Domestic Violence with Children (DVC 2) Foreign Protection Order (FPO 2) Vulnerable Adult Protection (VAP 2) Civil Harassment (HAR 2) ££ Paternity Affidavit or Existing/Patemity is not an issue and NO other case exists in King County* The filing party will be given an appropriate case schedule. ** Case schedule will be issued after hearing and findings. L: forms/cashiers/cics Rev 01/04 2 KING COUNTY SUPERIOR COURT CASE ASSIGNMENT DESIGNATION and CASE INFORMATION COVER SHEET Please check one category that best describes this case for indexing purposes. Accurate case indexing not only saves time but helps in forecasting judicial resources. A faulty document fee of $15 will be assessed to new case filings missing this sheet pursuant to Administrative Rule 2 and King County Code 4.71.100. PROPERTY RIGHTS PROBATE/GUARDIANSHIP Condemnation/Eminent Domain (CON 2)* Absentee (ABS 4) Foreclosure (FOR 2)* Disclaimer (DSC4) Land Use Petition (LUP 2)* Estate (EST 4) Property Fairness (PFA 2)* Foreign Will (FNW 4) Quiet Title (QTI 2)* Guardian (GDN4) Unlawful Detainer (UND 2) Limited Guardianship (LGD 4) JUDGMENT Confession of Judgment (MSC 2)* Judgment, Another County, Abstract (ABJ 2) Judgment, Another State or Country (FJU 2) Tax Warrant (TAX 2) Transcript of Judgment (TRJ 2) OTHER COMPLAINT/PETITION Action to Compel/Confirm Private Binding Arbitration (MSC 2) Certificate of Rehabilitation (MSC 2) Change of Name (CHN 2) Deposit of Surplus Funds (MSC 2) Emancipation of Minor (EOM 2) Frivolous Claim of Lien (MSC 2) Injunction (INJ 2)* Interpleader (MSC 2) Malicious Harassment (MHA 2)* Non -Judicial Filing (MSC 2) Other Complaint/Petition(MSC 2)* Seizure of Property from the Commission of a Crime (SPC 2)* Seizure of Property Resulting from a Crime (SPR 2)* Structured Settlements (MSC 2)* Subpoena (MSC 2) Minor Settlement (MST 4) Non -Probate Notice to Creditors (NNC 4) Trust (TRS 4) Trust Estate Dispute Resolution Act/POA (TDR 4) Will Only (WLL4) TORT, MEDICAL MALPRACTICE Hospital (MED 2)* Medical Doctor (MED 2)* Other Health Care Professional (MED 2)* TORT, MOTOR VEHICLE Death (TMV 2)* Non -Death Injuries (TMV 2)* Property Damage Only (TMV 2)* TORT, NON -MOTOR VEHICLE Asbestos (PIN 2)** Implants (PIN 2) Other Malpractice (MAL 2)* Personal Injury (PIN 2)* Products Liability (TTO 2)* Property Damage (PRP 2)* Wrongful Death (WDE 2)* Tort, Other (TTO 2)* WRIT Habeas Corpus (WHC 2) Mandamus (WRM 2)** Review (WRV 2)** * The filing party will be given an appropriate case schedule. ** Case schedule will be issued after hearing and findings. L: forms/cashiers/cics Rev 01 /04 RECEIVED FEB 2 8 2008 ATTORNEY GENERAL'S OFFICE TRANSPORTATION & PUBLIC CONSTRUCTION DIVISION IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING STATE OF WASH vs Petitioner(s) THE PLAZA AT YARROW BAY, INC, BOEING COMP., CITY OF RENTON, KING COUNTY Respondent(s NO. 08-2-07273-8 KNT Order Setting Case Schedule (Condemnation/Eminent Domain) ('ORSCS) ASSIGNED JUDGE Heavey 20 FILE DATE: TRIAL DATE: 02/27/2008 10/20/2008 A Petition for Condemnation and Eminent Domain has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I. NOTICES NOTICE TO PLAINTIFF: The Petitioner may serve a copy of this Order Setting Case Schedule (Schedule) on the Respondent(s) along with the Summons and Petition. Otherwise, the Petitioner shall serve the Schedule on the Respondent(s) within 10 days after the later of: (1) the filing of the Summons and Petition or (2) service of the Respondent's first response to the Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in the form required by Civil Rule 5 (CR 5). NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] -- especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses [See KCLR 16.1], for disclosing possible witnesses [See KCLR 261, and for meeting the discovery cutoff date [See KCLR 37(g)]. "I un rstand that I am re uired to give a copy o thes cumen s to I partie in this case." Print Name Sign Name Order Setting Case Schedule (Condemnation/Eminent Domain) ("ORSCS) REV. 6/200 1 I. NOTICES (continued) PENDING DUE .DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. NOTICE OF NON-COMPLIANCE FEES: All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Rule 41. King County Local Rules are available for viewing at www.metrokc.gov/kcscc. Order Setting Case Schedule (Condemnation/Eminent Domain) ('ORSCS) REV. 6r200 2 II. CASE SCHEDULE CASE EVENT DEADLINE or EVENT DATE Filing Needed Petition for Condemnation Filed and Schedule Issued Wed 02/27/2008 Affidavit of Service or Confirmation of Service [See KCLR 4.1]. Wed 03/26/2008 DEADLINE for Filing of Notice For Public Use and Necessity Hearing Calendar. Wed 04/09/2008 DEADLINE for Early Trial Date Request. Wed 04/23/2008 Filing of Jury Demand, if applicable [See KCLR 38(b)(2)]. Wed 04/23/2008 DEADLINE for Discovery Cutoff [See KCLR 37(g)]. Tue 09/02/2008 DEADLINE for Engaging in Alternative Dispute Resolution [KCLR 16(c)]. Mon 09/22/2008 DEADLINE to Exchange Witness & Exhibit Lists & Documentary Exhibits [KCLR 16(a)(4)]. Mon 09/29/2008 DEADLINE to File Joint Confirmation of Trial Readiness [KCLR 16(a)(2)]. Mon 09/29/2008 Joint Statement of Evidence [See KCLR 16(a)(5)]. Mon 10/13/2008 Trial Date (See KCLR 401. Mon 10/20/2008 III. ORDER Pursuant to Revised Code of Washington (R.C.W.) 8.08,040, 8,12.090 and King County Local Rule 4 [KCLR 41, IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for failure to comply. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Condemnation Case Schedule and attachment on all other parties. DATED: 02/27/2008 PRESIDING JUDGE Order Setting Case Schedule (Condemnation/Eminent Domain) ('ORSCS) REV 6/200 3 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER PRIOR TO CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this Schedule. The assigned Superior Court Judge will preside over and manage this case for all pre-trial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. The following procedures hereafter apply to the processing of this case: APPLICABLE RULES: a. Except as specifically modified below, all the provisions of King County Local Rules 4 through-26 shall apply to the processing of civil cases before Superior Court Judges. CASE SCHEDULE AND REQUIREMENTS: A. Show Cause Hearing: A Show Cause Hearing will be held before the Chief Civil/Chief RJC judge if the case does not have confirmation of service on all parties, answers to all claims, crossclaims, or counterclaims as well as the confirmation of joinder or statement of arbitrability filed before the deadline in the attached case schedule. All parties will receive an Order to Show Cause that will set a specific date and time for the hearing. Parties and/or counsel who are required to attend will be named in the order. B. Pretrial Order: An order directing completion of a Joint Confirmation of Trial Readiness Report will be mailed to all parties approximately six (6) weeks before trial. This order will contain deadline dates for the pretrial events listed in King County Local Rule 16: 1) Settlement/Mediation/ADR Requirement; 2) Exchange of Exhibit Lists; 3) Date for Exhibits to be available for review; 4) Deadline for disclosure of witnesses; 5) Deadline for filing Joint Statement of Evidence; 6) Trial submissions, such as briefs, Joint Statement of Evidence, jury instructions, 7) voir dire questions, etc; 8) Use of depositions at trial; 9) Deadlines for nondispositive motions; 10) Deadline to submit exhibits and procedures to be followed with respect to exhibits; 11) Witnesses -- identity, number, testimony; C. Joint Confirmation regardinq Trial Readiness Report: No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment), etc. If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiff/petitioner's counsel is responsible for contacting the other parties regarding said report. D. Settlement/Mediation/ADR: 1) Forty five (45) days before the Trial Date, counsel for plaintiff shall submit a written settlement demand. Ten (10) days after receiving plaintiffs written demand, counsel for defendant shall respond (with a counteroffer, if appropriate). 2) Twenty eight (28) days before the Trial Date, a settlement/mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. E. Trial: Trial is scheduled for 9:00 a.m. on the date on the Schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the King County Superior Court website at www.metrokc.gov/kcsc to confirm trial judge assignment. Information can also be obtained by calling (206) 205-5984. MOTIONS PROCEDURES: A. Noting of Motions Dispositive Motions: All Summary Judgment or other motions that dispose of the case in whole or in part will be heard with oral argument before the assigned judge. The moving party must arrange with the courts a date and time for the hearing, consistent with the court rules. King County Local Rule 7 and King County Local Rule 56 govern procedures for all summary judgment or other motions that dispose of the case in whole or in part. The local rules can be found at www.metrokc.gov/kcscc. Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the (Vote for Motion should state "Without Oral Argument." King County Local Rule 7 governs these motions, which include discovery motions. The local rules can be found at www.metrokc.gov/kcscc. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions Calendar. King County Local Rule 7 and King County Family Law Local Rules govern these procedures. The local rules can be found at www.metrokc.gov/kcscc. Emergency Motions: Emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call, and without written motion, if the judge approves. Filing of Documents All original documents must be filed with the Clerk's Office. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copy must be delivered to his/her courtroom or to the judges' mailroom. Do not file working copies with the Motions Coordinator, except those motions to be heard on the Family Law Motions Calendar, in which case the working copies should be filed with the Family Law Motions Coordinator. Original Proposed Order: Each of the parties must include in the working copy materials submitted on any motion an original proposed order sustaining his/her side of the argument. Should any party desire a copy of the order as signed and filed by the judge, a preaddressed, stamped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final orders and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form: Memoranda/briefs for matters heard by the assigned judge may not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits over -length memoranda/briefs in advance of filing. Over -length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PETITIONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. PRESIDING JUDGE Rob McKenna ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division PO Box 40113 • Olympia WA 98504-01 13 • (360) 753-6126 March 14, 2008 TO ALL RESPONDENTS Re: REQUEST FOR IMMEDIATE POSSESSIONAND USE State v. THE PLAZA AT YARROW BAY INC., et al., King County Cause No. 08-2-07273-8KNT Parcel Nos. 1-19634 & 1-20425 SR 405, SR 515 Vic. to S. 61h Street Vic. The Department of Transportation needs the property or property rights being acquired through this lawsuit. The Department may need to enter and perform the work planned for the property in order to meet construction schedules prior to the time we can reach an agreement concerning the value of the property being acquired. Therefore, we hereby request immediate possession and use of the lands which are the subject of this lawsuit. This request is being made pursuant to RCW 8.25.070, which also governs the possible payment of attorney and expert witness fees. If you refuse to grant the Department the right to possess and use the property by the deadline, you will be ineligible to have the Department reimburse your attorney and expert witness fees. If a Stipulated Order of Immediate Use and Possession is agreed to and signed by all required parties, the State will pay into the registry of the court the amount of money it has offered for the purchase of the property and property rights. This money will then be available to you and the other respondents in the case according to your respective interests and may be drawn out upon application to the court. The State will not have the right to take possession of the property until this money is paid into court, and its payment will in no way prejudice your rights in the condemnation suit. The legal process by which the Department may obtain possession and use is further prescribed in RCW 8.04.090 and RCW 8.04.094. Again, the statute (RCW 8.25.070) requires a timely response to this request. If you wish to grant the Department the right to possess and use your property, please notify this office as soon as possible. We will prepare and forward the necessary papers for your signature. Sincerely, A(MANDA G. PHILY WSBA# 3757 Assistant Attorney General v Attorney for Petitioner STATE OF WASHINGTON — 0— 0 Rob McKenna ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division PO Box 40113 - Olympia WA 98504-0113 - (360) 753-6126 CASE NAME: State v. THE PLAZA AT YARROW BAY, INC., et al. PARCELS NO.: 1-19634 & 1-20425 SR NO.: SR 405, SR 515 Vic. to S. 61h Street Vic. KING CO. CAUSE NO.: 08-2-07273-8KNT STATEMENT OF OFFER The amount of total just compensation to be paid in the event of settlement is $15,750.00 for Parcel No. 1-19634 and $338,600.00 for Parcel No. 1-20425, as full payment for the property or property rights to be acquired by the State as described in the attached Exhibit "A." STATEMENT OF OFFER EXHIBIT "A" SINGLE Parcel Number: 1-19634 STATE VS. Plaza at Yarrow Bay LLC DFSCRIPTION- All rights of ingress and egress (including all existing future or potential easements of access, light, view and air) to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 61h St. Vic. and the herein described Tract "X" TRACT"X" PARCEL A: That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington, and Blocks 11and 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 19; STATEMENT OF OFFER thence south 01204'08" west, along the east line of the southwest quarter of the northeast quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; thence south 89244'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; thence south 01224'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405); thence south 20246'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet through a central angle of 07'05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79'20'21" west, a distance of 292.06 feet to the point of tangency of the spiral curve; thence continuing along said north margin south 80249'08" west a distance of 213.80 feet; thence south 09210'52" east, along said north margin, 20.00 feet; thence south 80'49'08" west, along said north margin, 27.80 feet to a point of curvature; thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 00215'40", an arc distance of 51.86 feet; thence north 08255'12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a radius of 11,360.00 feet through a central angle of 01252'35", an arc distance of 372.03 feet; thence north 00'02'16" west a distance of 251.51 feet; thence north 61242'59" east a distance of 258.92 feet; thence south 89'44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated 101h Avenue South adjacent to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. SSH STATEMENT OF OFFER No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; EXCEPT those portions conveyed to the State of Washington by deeds recorded under Recording Numbers 8708140473 and 8708140474. PARCEL B: That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; AND; Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; STATEMENT OF OFFER thence south 01204'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; thence south 55'03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; thence south 89944'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; thence continuing south 89'44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November 5, 1971; thence south 02236'57" west, along said westerly right-of-way line, a distance of 44.11 feet to the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and having a radial bearing of north 27200'05" west; thence westerly along said curve through a central angle of 6*12'09", an arc distance of 192.69 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; thence north 015?24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. SR 405, SR 515 Vic. to S. 6th St. Vic. Parcel Number: 1-20425 STATE VS. The Plaza at Yarrow Bay, LLC DFSCRIPTION: 02/07/08 STATEMENT OF OFFER Parcel 1: All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. 61h St. Vic. and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the point of beginning. STATEMENT OF OFFER TOGETHER WITH the temporary right and easement to use and occupy the following described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date hereof until December 31, 2012. Parcel 3: All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. To S. 6th St. Vic. And 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence southerly to the point of beginning. TRACT "X" Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. STATEMENT OF OFFER TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 6th St. Vic. and the remainder of said TRACT "X". EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 6th St. Vic., and to which off and on approach only, the respondents, successors or assigns, reserve a right of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right out only. EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67± L/A on said BS Line. The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. SR 405, SR 515 Vic. to S. 6th St. Vic. 2/8/08 STATEMENT OF OFFER THE HONORABLE MICHAEL HEAVEY OAPU Hearing: Friday, April 4, 2008 w/o Oral Argument STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, I NO. 08-2-07273-8KNT Petitioner, NOTICE FOR HEARING KENT REGIONAL JUSTICE CENTER ONLY V. (Clerk's Action Required) (NTHG) THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. TO: THE CLERK OF THE COURT and to all other parties per list on Page 2: PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. Calendar Date: April 4, 2008 Day of Week: Friday Nature of Motion: Motion for Order Ad'udicatin Public Use and Necessity CASES ASSIGNED TO INDIVIDUAL JUDGES - RJC Working Papers: The judge's name, date and time of hearing must be noted in the upper right comer of the Judge's copy. Deliver Judge's copies to Judges' Mailroom at RJC ® Without oral argument Mon - Fri ❑ With oral argument Hearing Date/Time: If oral argument on the motion is allowed (LR 7(b)(2)), contact staff of assigned judge to schedule date and time before filing this notice. Judge's Name: The Honorable MICHAEL HEAVEY Trial Date: 1012012008 CHIEF CIVIL DEPARTMENT - RJC All Chief Civil calendars are at 10:00 on Fridays, except as noted. See signs posted at RJC for calendar location. Deliver working copies to Judges' Mailroom, Room 2D at RJC. In upper right comer of papers write "Chief Civil Department" and date of hearing. ❑ Extraordinary Writs (Show Cause Hearing) (LR 98.40) ❑ Supplemental Proceedings (9:15 am) (LR 69) ❑ Motions to Consolidate with multiple judges assigned LR 40 a 4 without oral argument) M-F Non -Assigned Cases: ❑ Dispositive Motions and Revisions (10:30 am) ❑ Non-Dispositive Motions M-F (without oral argument) ❑ Certificates of Rehabilitation- Weapon Possession(Convictions from Limited Jurisdiction Courts)(LR 40(2)(B)) ❑ Certificates of Rehabilitation (Employment NOTICE FOR BEARING - KENT REGIONAL JUSTICE CENTER ONLY Page 1 (Rev. 4/5/02) 12-29-05(www.metrokc.gov/kcscc/forms.htm KENT PARTIES: The address of the Regional Justice Center is 401 4th Avenue North, Kent, WA 98032. You must bring this document and appear as scheduled. ❑ Room: ❑ See Posted Signs �� • �� �• a 1 auulvao mat ito iiut your resmenuai aaaress wnere you agree to accept legal documents. t-�c !�/ _ Sign: Print/Type Name: Amanda G. Phily WSBA # 37667 (if attorney) Attorney for: Slate of Washington Petitioner Service Address: 7141 Cleanwater Drive SW City, State, Zip Olympia, WA 98504-0113 Telephone: 360-753-6126 Date: March 14, 2008 DO NOT USE THIS FORM FOR FAMILY LAW, EX PARTE OR RALJ MOTIONS LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE Respondent: Respondent: THE PLAZA AT YARROW BAY, INC. THE BOEING COMPANY c/o BRUCE H. BENSON c/o CORPORATION SERVICE COMPANY REGISTERED AGENT REGISTERED AGENT 800 FIFTH AVE STE 4100 6500 HARBOUR HEIGHTS PKWY STE 400 SEATTLE WA 98104 MUKILTEO WA 98275 Respondent: Respondent: KING COUNTY CITY OF RENTON SECRETARY FOR THE COUNCIL 1055 S GRADY WY 516 THIRD AVE RM 1200 RENTON WA 98055-3232 SEATTLE WA 98104 PHONE: (206) 296-1020 IMPORTANT NOTICE REGARDING CASES Party requesting hearing must file motion & affidavits separately along with this notice. List names, addresses and telephone numbers of all parties requiring notice (including GAL) on this page. Serve a copy of this notice, with motion documents, on all parties. The original must be filed at the Clerk's Office not less than six court days prior to requested hearing date, except for Summary Judgment Motions (to be filed with Clerk 28 days in advance). THIS IS ONLY A PARTIAL SUMMARY OF THE LOCAL RULES AND ALL PARTIES ARE ADVISED TO CONSULT WITH AN ATTORNEY. The REGIONAL JUSTICE CENTER is in Kent, Washington at 401 Fourth Avenue North. The Clerk's Office is on the second floor, Room 2C. The Judges' Mailroom is Room 2D. NOTICE FOR HEARING -KENT REGIONAL JUSTICE CENTER ONLY Page 2 (Rev. 4/5/02) 12-29-05(www.metrokc.gov/kcscc/forms.htm KENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 THE HONORABLE MICHAEL HEAVEY OAPU Hearing: Friday, April 4, 2008 w/o Oral Argument STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, vs. THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. NO. 08-2-07273-8KNT STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY I. MOTION The State of Washington, Petitioner, moves the Court for an order declaring that the property sought by the condemnation petition is really necessary for a public use. This motion is made pursuant to RCW 8.04.070. The State of Washington submits the Declaration of Stacy C. Trussler, in support of the motion. A proposed order adjudicating public use and necessity is also attached. // STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY ] ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 4 FA C7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 II. STATEMENT OF FACTS This is an eminent domain proceeding filed pursuant to RCW 8.04. The property and property rights will be used for the improvement of a state highway. In this case, the Washington State Department of Transportation ("WSDOT") has established plans to add a half -diamond interchange to I-405 at SR 515 (Talbot Road). The project will also add lanes to 1-405 between SR 167 and SR 169. The purpose of the project is to improve highway capacity and safety, and eliminate congestion. The WSDOT has determined that a portion of The Plaza at Yarrow Bay, Inc.'s property described in the condemnation petition is necessary for the highway project. WSDOT's title search showed that The Plaza at Yarrow Bay, Inc. holds the sole right to possession of the property. As depicted on the WSDOT's right-of-way plans: a. Parcel # 1-19634 is currently about 325,750 square feet in size. To operate the Project, the Department requires access along the entire length of the east property line and 372.09 feet along the north property line; b. Parcel # 1-20425 is currently about 610,125 square feet in size. To build and operate the Project, the Department requires 12,686 square feet of the parcel for roadway construction and 2,038 square feet of the parcel for a temporary construction easement, approximately 5-foot wide, along a portion of the south and east property lines as indicated on the right-of-way plan sheet. A copy of the right-of-way plans are attached to the Declaration of Stacy C. Trussler filed in support of this motion. III. ISSUES PRESENTED A. Requirements for an Order Adjudicating Public Use and Necessity Before issuing an order adjudicating public use and necessity, the trial court must affirmatively answer the following three interrelated questions: (1) whether the proposed use is really a public use; (2) whether the public interest requires the use; and (3) whether the property is STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 really necessary to facilitate the public use. State v. Dawes, 66 Wn.2d 578, 404 P.2d 20 (1965); State ex rel. Sternoff v. Superior Court for King County, 52 Wn.2d 282, 325 P.2d 300 (1958). IV. AUTHORITY The following sections provide some background regarding WSDOT's condemnation authority and addresses issues that often arise when WSDOT seeks an order adjudicating public use. A. Introduction A condemnation action has three phases: (1) adjudication of public use and necessity, (2) determination of just compensation, and (3) payment of just compensation and transfer of title and possession. State ex rel. Lange v. Superior Court, 61 Wn.2d 153, 377 P.2d 425 (1963). This case is in the first phase and the State of Washington is asking here that this Court enter an order declaring that the property sought is really necessary for a public use. See RCW 8.04.070. 1. The Department of Transportation Has Broad Authority to Condemn Private Property. Provided that it complies with constitutional limits,' the Legislature may determine the time, manner, occasion and method by which the power of eminent domain is exercised. State v. Superior Court for Pierce County, 86 Wash. 155, 162, 149 P. 652 (1915). The Legislature must ordinarily authorize state agencies to condemn property for a particular purpose. Petition of City of Seattle, 104 Wn.2d 621, 623, 707 P.2d 1348 (1985). The Legislature has granted the WSDOT broad power to condemn property for many purposes. See, e.g., RCW 47.01.260(3) (authorizing WSDOT to acquire property); RCW 47.04.080 (authorizing condemnation for interstate and intergovernmental projects); 1 The condemnation power is an inherent aspect of state sovereignty. The Washington State Constitution does not grant the power of eminent domain. Instead, the Fourteenth Amendment to the United States Constitution and the Ninth Amendment (article I, section 16) to the Washington State Constitution limit state government's inherent power to condemn property. These constitutional restrictions require that the state only condemn property necessary for a "public use" and only after "just compensation" is paid. STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 3 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 RCW 47.12.010 (authorizing condemnation for state highway right-of-way, drainage facilities, site distance enhancement, visual or sound buffers, sand pits, gravel pits, borrow pits, stone 3 quarries, maintenance camps, rest areas, structure sites and any other highway purpose); 4 RCW 47.12.150 (authorizing condemnation to relocate displaced governmental or public utility 5 facilities); RCW 47.52.050 and RCW 47.52.105 (authorizing condemnation for limited access 6 facilities). 7 8 Unless preempted by the Legislature, the WSDOT is authorized to select state highway routes. RCW 47.28.010. In addition, the WSDOT is authorized to "exercise all the powers and 9 perform all the duties necessary, convenient, or incidental to the planning, locating, [and] 10 designing" of state highways. RCW 47.01.260(1). State Route is a state highway route. 11 See RCW 47.17.075. 12 13 2. Is the Proposed Use Really a Public Use Required by the Public Interest? 14 The issue of whether a proposed use is really a public use is solely a judicial question, although a legislative declaration should be accorded great weight. Tacoma v. Welcker, 65 Wn.2d 15 677, 684, 399 P.2d 330 (1965); Hogue v. Port of Seattle, 54 Wn.2d 799, 817, 341 P.2d 171 16 17 (1959). The Washington State Supreme Court ruled long ago that a public highway, available for 18 the use of all that come on it, is a public use of the land, which is required by the public interest. 19 E.g. State ex rel. Lange v. Superior Court, 61 Wn.2d 153, 156, 377 P.2d 425 (1963); State ex rel. Agee v. Superior Court, 58 Wn.2d 838, 365 P.2d 16 (1961). The "jurisdictional fact" needed to 20 support an order of public use in this case is simply that a public highway is projected for the land 21 sought. Lange, 61 Wn.2d at 156. 22 As the Supreme Court stated in State v. Dawes, 66 Wn.2d at 583: 23 It is beyond dispute that the use of land for highway purposes is a 24 public one and that public interest requires the construction, 25 operation, and maintenance of highways. 26 3. Is the Subject Property Really Necessary to Facilitate the Public Use? STATE'S MOTION FOR ORDER ADJUDICATING 4 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I The concept of a "public use" is different from the concept of "public necessity." 2 Tacoma, 65 Wn.2d at 683. "Necessary" in the eminent domain context means reasonable 3 necessity under the circumstances of the particular case. State ex rel. Lange, supra, at 156. It 4 does not mean absolute, indispensable or immediate necessity. Tacoma v. Welcker, 65 Wn.2d 5 677, 684, 399 P.2d 330 (1965). A condemning authority is not required to set forth the precise 6 reasons for the necessity of taking particular land. See State Parks & Recreation Commission v. 7 Schluneger, 3 Wn. App. 536, 538, 475 P.2d 916 (1970) review denied, 78 Wn.2d 996 (1971). 8 The specific construction plans for a highway in a condemnation suit have no bearing on 9 the order adjudicating public use. The jurisdictional fact needed to support an order of public use 10 is simply that a public highway is projected for the land. State ex rel. Agee v. Superior Court, 58 11 Wn.2d 838, 365 P.2d 16 (1961); State ex rel. Lange v. Superior Court, 61 Wn.2d 153, 156, 377 12 P.2d 425 (1963). Therefore, an alleged lack of specific construction plans and the uncertainty of 13 the date on which public use is to commence does not foreclose a finding of "public necessity." 14 Lange, 61 Wn.2d at 158-59. 15 In any event, it is important to distinguish between "public use" and "public necessity" 16 because the trial court must apply different standards to each: 17 ... the issue of whether the contemplated acquisition is necessary 18 to carry out the proposed public use presents a legislative question, a declaration of necessity by the appropriate legislative body will, 19 by the courts, be deemed conclusive, in the absence of proof of actual fraud or such arbitrary and capricious conduct as would 20 amount to constructive fraud. 21 (Footnotes omitted.) State v. Bank of California, 5 Wn. App. 861, 865-66, 491 P.2d 697 (1971). 22 In the context of a public road project, WSDOT's administrative and engineering 23 determinations are entitled to substantial judicial deference. Our Supreme Court provided a 24 comprehensive statement of a trial court's role in determining whether property is necessary for a 25 state highway in Deaconess Hospital v. Washington State Highway Comm'n., 66 Wn.2d 378, 405, 26 403 P.2d 54 (1965): STATE'S MOTION FOR ORDER ADJUDICATING 5 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I Once the purpose for which the lands are taken has been adjudged to be public, the kind and type of roadway, the route to be followed, the 2 design and engineering details become the subject of administrative decision. These decisions will not be set aside or molested by the 3 courts unless shown to have been arrived at without statutory 4 authority or by bad faith or fraud, or capriciously or arbitrarily. Although the courts may well determine from the evidence 5 whether a project is for the public benefit, convenience or necessity, they are not trained or equipped to pick the better route, 6 much less design and engineer the project. Thus, the rule that leaves these decisions to the administrative agencies is a sensible 7 one consistent with the idea that the public's business be carried out with reasonable efficiency and dispatch by those possessing the 8 superior talents to accomplish the public purposes. 9 10 That the courts may have reached a decision, made a choice or a conclusion different from that of the administrative agency or 1 1 taken wiser or more sensible action, does not empower them to do SO. 12 13 In other words, to successfully oppose a finding of "public necessity," the property owner must prove that the WSDOT's property selection process involved actual or constructive fraud or 14 that the decision was arbitrary and capricious. Town of Medical Lake v. Brown, 63 Wn.2d 41, 44, 15 385 P.2d 387 (1963). Such a property owner has a very high burden of proof. 16 17 In Webster v. Romano Engineering Corp., 178 Wash. 118, 34 P.2d 428 (1934), the 18 Supreme Court outlined nine requirements which must be present to support a finding of fraud: (1) a representation of an existing fact; (2) its materiality; (3) its 19 falsity; (4) the speaker's knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted on by the person to whom 20 it is made; (6) ignorance of its falsity on the part of the person to whom it is made; (7) the latter's reliance on the truth of the 21 representation; (8) his right to rely upon it; (9) his consequent 22 damage. (Id. at 120 - 121). 23 24 Alternatively, arbitrary and capricious conduct is willful and unreasoning action taken without consideration and regard for the facts and circumstances. Lillions v. Gibbs, 47 Wn.2d 25 26 629, 289 P.2d 203 (1955). Agency action, when exercised honestly, fairly and upon due STATE'S MOTION FOR ORDER ADJUDICATING 6 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 consideration, is not arbitrary and capricious, even though there may be room for a difference of opinion on the course to follow, or a belief by the reviewing authority that an erroneous conclusion has been reached. Smith v. Hollenbeck, 48 Wn.2d 461, 294 P.2d 921 (1956); Tacoma v. Welcker, 65 Wn.2d at 677. The property owner has not alleged fraudulent or arbitrary and capricious conduct. V. CONCLUSION The filing of this condemnation action by the State of Washington, the right-of-way plans showing the Department of Transportation's selection, adoption and designation of property needed for a state highway, and the declaration of the project engineer is sufficient to support an order adjudicating public use and necessity. The State of Washington respectfully requests that the Court enter the order. DATED this 14th day of March, 2008. STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY ROBERT M. MCKENNA Attorney General *AMANDA G. PHILY, WSBA 437667 Assistant Attorney General Attorney for Petitioner STATE OF WASHINGTON 7 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 EXHIBIT "A" ---------------------------------------------------------- Parcel Number: 1-19634 STATE VS. Plaza at Yarrow Bay LLC DESCRIPTION: All rights of ingress and egress (including all existing future or potential easements of access, light, view and air) to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 6`h St. Vic. and the herein described Tract "X" TRACT "X" 9 PARCEL A: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington, and Blocks 11 and 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 19; thence south 01°04'08" west, along the east line of the southwest quarter of the northeast quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; thence south 01 °24'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405); thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet through a central angle of 07°05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21" west, a distance of 292.06 feet to the point of tangency of the spiral curve; thence continuing along said north margin south 80°49'08" west a distance of 213.80 feet; thence south 09°10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 0095'40", an arc distance of 51.86 feet; thence north 08°55' 12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a radius of 11,360.00 feet through a central angle of 01°52'35", an arc distance of 372.03 feet; STATE'S MOTION FOR ORDER ADJUDICATING 8 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I thence north 00102'16" west a distance of 251.51 feet; thence north 61°42'59" east a distance of 258.92 feet; 2 thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; 3 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 4 recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated 10t' Avenue South adjacent 5 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 6 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 7 therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line 8 description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 9 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 10 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; 11 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 12 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 13 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 14 EXCEPT those portions conveyed to the State of Washington by deeds recorded under 15 Recording Numbers 8708140473 and 8708140474. 16 PARCEL B: 17 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; 18 AND; 19 Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 20 Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; 21 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 22 thence south 01°04'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 23 thence south 55°03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; 24 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 25 thence continuing south 89°44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 26 Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November STATE'S MOTION FOR ORDER ADJUDICATING 9 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 co 5, 1971; thence south 02°36'57" west, along said westerly right-of-way line, a distance of 44.11 feet to the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and having a radial bearing of north 27000'05" west; thence westerly along said curve through a central angle of 6° 12'09", an arc distance of 192.69 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; thence north 01°24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. SR 405, SR 515 Vic. to S. 6`I' St. Vic. 02/07/08 Parcel Number: 1-20425 STATE VS. The Plaza at Yarrow Bay, LLC DESCRIPTION: Parcel 1: All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 10 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. 6t' St. Vic. and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the point of beginning. TOGETHER WITH the temporary right and easement to use and occupy the following described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date hereof until December 31, 2012. I Parcel 3: All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. To S. 6`I' St. Vic. And 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 3 8.3 0 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence southerly to the point of beginning. TRACT "X" Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 61I' St. Vic. and the remainder of said TRACT "X". EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 11 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 61h St. Vic., and to which off and on approach only, the respondents, successors or assigns, reserve a right of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right out only. EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67± L/A on said BS Line. The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. SR 405, SR 515 Vic. to S. 6th St. Vic. 2/8/08 STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 12 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753.6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 Il 12 li 14 15 16 17 18 19 20 21 22 23 24 25 26 STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, vs. THE PLAZA AT YARROW BAY LLC; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. NO. 08-2-07273-8KNT DECLARATION OF STACY C. TRUSSLER IN SUPPORT OF STATE'S MOTION FOR ORDER ADJUDICATIN PUBLIC USE AND NECESSITY Stacy C. Trussler declares as follows: 1. I am the I405 Deputy Project Director responsible for building the I-405 — I-5 to SR 169 Stage 2 Widening and SR 515 Interchange Project ("Project") for the Washington State Department of Transportation. I am over the age of eighteen and competent to testify to the facts stated in this declaration. The statements in this declaration are based on my personal knowledge. 2. I have worked for the Department for 12 years. I received a Bachelor of Science degree in Civil Engineering and a Master of Science degree in Environmental Engineering from the Washington State University in 1991 and 1993, respectively. I am a registered professional DECLARATION OF STACY C. TRUSSLER IN I ATTORNEY GENERAL OF WASHINGTON SUPPORT OF STATE'S MOTION FOR "Transportation & Public Construction Division ORDER ADJUDICATING PUBLIC USE AND �'� 7141 POCleBOX nwater UrSW �.1 n � PO [30X NECESSITY �,. _� U Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 civil engineer in the State of Washington, having received my professional engineering license in 1997. 3. The Project will add a half -diamond interchange to I-405 at SR 515 (Talbot Road). The Project will also add lanes to I-405 between SR 167 and SR 169. The purpose of the Project is to improve highway capacity and safety, and eliminate congestion. Further description of the Project is contained in Exhibit 1 to this declaration, which is a true and correct copy of the project description from the WSDOT website. 4. The Department has adopted an official right-of-way plan sheet that depicts the additional property required to build and operate this project. A true and correct copy of the right-of-way plan sheet, which encompasses the Plaza at Yarrow Bay, LLC properties (Parcels # 1-19634 and # 1-20425), is attached as Exhibit 2. 5. As this plan sheet depicts, a. Parcel # 1-19634 is currently about 325,750 square feet in size. To operate the Project, the Department requires access rights along the entire length of the east property line and 372.09 feet along the north property line. b. Parcel # 1-20425 is currently about 610,125 square feet in size. To build and operate the Project, the Department requires 12,686 square feet of the parcel for roadway construction and 2,038 square feet of the parcel for a temporary construction easement, approximately 5-foot wide, along a portion of the south and east property lines as indicated on the right-of-way plan sheet. 6. The Department is currently acquiring the necessary rights -of -way for the project. The construction phase of the project is currently scheduled to begin in October, 2008. DECLARATION OF STACY C. TRUSSLER IN SUPPORT OF STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 0601751-6176 Fareimile 06015R6-6R47 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I declare under the penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DATED this Q-7 day of 2008 at , Washington. 5" J tz== STACY C. YRUSS15ek I-405 Deputy Project Director DECLARATION OF STACY C. TRUSSLER IN SUPPORT OF STATE'S MOTION FOR ORDER ADJUDICATING PUBLIC USE AND NECESSITY 3 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-011 3 izim-r�z_r,nr, ium wr,_i,xa7 WSDOT - Project - I-405 -1-5 to SR 169 Stage 1 Widening Page 1 of 2 .atilt. M— Washington State O Department of Transportation WSDOT Projects I-405 - I-5 to SR 169 Stage 1 Widening 167 to I-5. Why is WSDOT constructing these new lanes? • Adds an auxiliary lane on High volumes of commuters travel through this area, making the I- southbound SR 167 between I - 405 / SR 167 interchange one of the most congested in the state. This SW 41st Street and extSR 167 SB HOV lane ext andends the project is a first step to address the congestion at this critical north to I-405 interchange. The I-405/ I-5 to SR 169 Stage 1 Widening Project is part • Replaces the I-405 bridges over of a broad master plan for I__405 improvements_ (pdf 260 kb) approved Springbrook Creek and Oakesdale in 2002 b the cities and counties along the corridor, the Federal y g Avenue and rehabilitates multiple ramp connections at SR 167 and Highway Administration, Federal Transit Authority, Sound Transit, King SR 181 County Metro and WSDOT. The master plan includes four new freeway lanes, bus rapid transit and other improved transit services, additional HOV direct access points, vanpools, carpool lanes and more park -and -ride spaces. The End Result As the first stage in a long range plan, this project will reduce the congestion on and increase the capacity of I-405 between I-5 and SR 167. The additional lanes on I-405 will increase the I-405 general purpose roadway capacity by fifty percent. Interchange improvements will also relieve congestion. Project Benefits • Congestion relief. The I-5 to SR 169 Stage 1 Widening Project reduces congestion by increasing general purpose capacity 50% between I-5 and SR 167. • Safety. Increased capacity improves safety by reducing congestion -related accidents. • Environment. WSDOT's I-405 Corridor Program team is designing the project to avoid and minimize affects to the environment. What is the project timeline? • The Renton Nickel Improvement Project EA was published on October 2, 2006. Exhibit t a, -tx] WSDOT - Project - I-405 - I-5 to SR 169 Stage 1 Widening Page 2 of 2 • Stage 1 construction began in 2007 and will open to traffic in 2010. Public Involvement Your thoughts and opinions are important to us. In addition to working closely with community councils and other local groups, the project team offers opportunities for public information and discussion. Please send the team an e-mail if you would like to be added to the project mailing list. You will be kept posted via e-mail on the project's status and on further participation opportunities as the project progresses. Also, feel free to check this regularly updated web page for information. If you have comments or feedback please e-mail the public information department for the I-405 Corridor Program at crai4.kanaya i405.wsdot.wa.gov. Environmental Protection WSDOT's I-405 Corridor Program team completed the Environmental Assessments (EA) for the Renton Nickel Improvemen Pr ct which identify the project effects and mitigation opportunities, and cover up to 20 different disciplines, such as noise, air quality, fish and wildlife, wetlands, and parks and recreation. Throughout the process to complete the EA, the I-405 Project Team is designed the project to avoid or minimize effects to the environment whenever possible. The I-405 projects include elements that improve the environment for people, wildlife, and habitat such as improved water quality, and restored and enhanced stream and wetland habitat. Please visit the WSD_QT Environmental Services_Web site for more information. Increasing safety is one of our priorities This project reduces congestion -related accidents by increasing capacity on north and southbound I- 405. Congestion -related accidents - rear -end and side -swipe crashes - make up the largest percentage of accidents on I-405. Will this project impact tribal resources? This project will not affect tribal reservations lands. The I-405 Corridor Program works closely with tribes throughout the environmental process to ensure that the project avoids or minimizes any effects on archaeological sites, tribal traditional cultural properties, and natural resources. WSDOT will follow an Unanticipated Discovery Plan if unknown archaeological materials are encountered during construction. Financial Information • Transportation 2003 Account (Nickel funding) - $114 million • 2005 Gas Tax (Partnership Funding) - $38 million In 2005, the Washington State Legislature provided funding towards this project by passing the Transportatign-Fa nershipFunding_package. • Total Funding Available From All Sources - $152 million How can I get more information? Contact: • Craig Kanaya I-405 Corridor Program 600 - 108th Avenue NE Suite 405 Bellevue, WA 98004 425-456-8606 craig, ka naya@i445w$det,wa,_gQY Copyright WSDOT O 2008 s �Ls SHEET LAYOUT DIAGRAM .OT TO SCALE —a Y OOP RENTON LIMIT OF PLAN SR 515 STA. BS 433+99.80 P.O.T.= GRADY MAY STA. 18+27.35 P.O.C. SR 515 MP 7.22 �— I I BEGINNING OF PLAN STA. 345+00 P.O.T. MP 2.66 �SRV LIMIT OF PLAN J SR 515 STA. BS 410+23.48 P.O.T. AHD.:I SR 515 STA. 410+23.67 P.O.T. BK.= I— — _ SR 515 MP 6.77 T.23N. R.5E. W.M. yJ T LOT I I IGOV' SEC. 17 1 I — — —I COV'TI GOY'T LOT 21 LOT ' IH.H.��'IT SEC.1 SEC. 1T TOBIN D.L.C. '4 N0. 37 18 17--- 4 8 I e I I — � I .I I 1 GOV'TOV— T LOT 7 I LOT B `.SEC. 17 . SEC. 17 GOV' T I / :I^ I LOT S aAr1 SEC. 17� GOV'T I — I I LOT 6 L—..� SEC. 17\vy- GOY' T I SECT. 11O71 I H.H. T081N �a D.L.C. NO. 37 I I l7 I6 >o ---- 20--------- z z 1 VIH.H. TOBIN D.L.C. NO. 37 _I SOT I 96 C. 2d\ GOV' T LOT 3 1 SEC. 20 1-2w O6 `-SSH 5-C LINE jIAi. JGJTVV Y.V. 1. MP 3.38 VICINITY MAP AND TOTAL PARCEL DETAILS TOTAL LENGTH OF PLAN . 0.72 MILE r K W EXHIBIT A SR 405 SR 515 VIC. TO S. 6TH ST. VIC. RING COUNTY RIDHT Of VA Y AND LIMITED ACCESS PL" VICINITY (1AP AND TOTAL PARCEL DETAILS V I.it TO M ].1A STAI.. S.S.OD 10 IIIATIa. SAS.oO us. P<rM —1E .11A.(.(.r Oi nulAdrailtl• o f+I •..•s. i.cr°. ✓O7 L C —Icl E. -I. AI r °f Y.r rtw5 u.AG1. p 1 0 5 1711JEN 0 y Hiw U-1 I l RIGHT OF MAT I l) UTILITY EASEMENT I .a ....w si•� s`taj u[ s. rn. v u1 v c. ,o a. D rlf.. SLt. IT. IE OF lA L.1. 1—Pr.Or[0 i m .Do.rto urr[ru u. Tom O urur, EAacsNH, • ru M-TED Y[I. (,PONY, fA.S.UC1lON IA.ER.I T.23N. R.H. W.M. (f-1197l (3F R[EH700 a NE '/A NE '/, SEC. 19 STA. 345+00 P.O.T. MP 2.66 BS 423•15 LT. 04 ACCESS APPROACH SCHEDULE ONAv%ER SEQUENCE "I"' t x W LEGEND ACCESS 10 U r.W la LcO sxOr T«Us rAo.uT. o+«e.vlr «urE.s ,� .Ap.E.TT LIES 0 SO '00 SCALE I. FEET O [ITI OF UNION LOT 11.E-ST.EIIT r. EMA � AE«ryl III. I. . :I a aulws •w msr.Ncts •.E urtAnno ..a+ .1.lwrON SLi( ryA.E COD.OIN•TE IIIIE.. .01« TW[ 1.1 .161-11 SWN..0 C.DN+D OIf,..Cls. ... .... (, I «I D..AilO. f(E ACcow o[rYTIE.I Of T.a.v0.1.11ON TOOSO1TIfOD:llfCr RECOrOE. IWLI TF. TOOS. D.«[ASN Ir E.Q.•E rEaaEO. RUrtul gWlf s.Ow ..I KL..COuIUO .1 —1. ACCE55 NOTES, !O — IS u O.I ✓ u0 a . I.E. wl TD IECE(O SO rEET I..I OI.. 1G. s( WAC[55..1 ,M .o. •ION O. a I AIIIIIC -1 TO S.R.I. iiw, K ]P[C Ia . POL, S•I`_ TON, TO ..[ .1E ., a I.E.aEr.EEN uvu..,co .I Pr•, v.nos. or.wc« IS NATRIET[O EMI uSE .1 1-11C IS ..1.1 1« .Iur ar pMr. iilcrrii iR[.i armas:os�ss: sliurif.Ira�o sw s v wwno .No .oe.rcD :oirE. Ic; Teoi' i0. 'CC"' •E11r1 Ru SEE 1. OI INN TIRE EXHIBIT A LIMITED •CQ$5 ESTABIISNED BY TWE DIRECT Or CWv I RONMENTAL AND EN GI WEER ING rROGRA MS FINDINGS AND ORDER ADOPTED HAT Il, 2007 SR 405 .Mrrgl,.,mR eDrw r ,,. '••"•••w•' SR 515 VIC. TO S. 6TH ST. VIC. KING COUNTY RIGHT OF Mar AND LIMITED ACCESS PLAN 1 FALL AND MODIFIED CONTROL MP 2.K TO MP 2.60 STATION 3 4 5.00 TO STATION 2S2.60.69 +.s.1.oTDN sr•u Dtr•.rR.T v r.Y1.O.r.,1W pMl...•M,Iw1ON A. H10ITL0 YAT, 24LOOT E Ed >Ku� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE HONORABLE MICHAEL HEAVEY OAPU Hearing: Friday, April 4, 2008 w/o Oral Argument STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, vs. THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. NO.08-2-07273-8KNT ORDER ADJUDICATING PUBLIC USE AND NECESSITY THIS MATTER came on regularly to be heard on this day on the motion of the State of Washington, appearing by Robert M. McKenna, Attorney General, and Amanda G. Phily, Assistant Attorney General, the respondents The Plaza at Yarrow Bay, Inc., appearing by and through its attorney Larry J. Smith of Graham & Dunn; The Boeing Company ❑ appearing ❑ not appearing; City of Renton ❑ appearing ❑ not appearing; and King County appearing by and through Margaret A. Pahl, Senior Deputy Prosecuting Attorney; for an order adjudicating that the lands and property rights sought to be appropriated are really necessary for the public use of the State of Washington. The court having considered the evidence and being advised in the premises, finds: ORDER ADJUDICATING PUBLIC USE AND NECESSITY I ATTORNEY GENERAL OF WASHfNGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. That the Secretary of Transportation of the State of Washington, as authorized by the Washington State Transportation Commission, has surveyed, located, selected and adopted part of State Route 405, which is a State highway, over, across and/or adjacent to those lands, real estate, premises and property described in the attached Exhibit "A." II. That the Washington State Department of Transportation has adopted a limited access plan as provided by RCW 47.52.137. III. That the property described in Exhibit "A" is necessary for the construction, maintenance and operation of SR 405, which is a public use. IV. That the following named encumbrancers, owners, or other persons interested in the described lands or property so far as can be ascertained from the public records, have been served with the condemnation petition and notice of this motion: ➢ THE PLAZA AT YARROW BAY, INC.; ➢ THE BOEING COMPANY; ➢ CITY OF RENTON; and ➢ KING COUNTY. IT IS THEREUPON ORDERED, ADJUDGED AND DECREED: 1. That the State highway for which the lands, premises and other property are sought to be appropriated is really a public use of the State of Washington, and that the property and/or property rights described in Exhibit "A" are necessary for that highway; 2. That a trial be held at such time as previously scheduled by the court, to determine the compensation and damages to be paid all interested parties for the taking of the property and/or property rights described in the attached Exhibit "A." ORDER ADJUDICATING PUBLIC USE AND NECESSITY 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this day of 52008. Presented by: ROBERT M. MCKENNA Attorney General AMANDA G. PHILY WSBA# 3a667 Assistant Attorney General Attorneys for Petitioner STATE OF WASHINGTON ORDER ADJUDICATING PUBLIC USE AND NECESSITY JUDGE/COURT COMMISSIONER 3 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 EXHIBIT "A" Parcel Number: 1-19634 STATE VS. Plaza at Yarrow Bay LLC DESCRIPTION: All rights of ingress and egress (including all existing future or potential easements of access, light, view and air) to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 6`I' St. Vic. and the herein described Tract "X" TRACT "X" 9 PARCEL A: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington, and Blocks 11 and 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 19; thence south 01 004'08" west, along the east line of the southwest quarter of the northeast quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; thence south 01°24'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405); thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet through a central angle of 07°05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21" west, a distance of 292.06 feet to the point of tangency of the spiral curve; thence continuing along said north margin south 80°49'08" west a distance of 213.80 feet; thence south 09'10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 00015'40", an arc distance of 51.86 feet; thence north 08055' 12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a radius of 11,360.00 feet through a central angle of 01°52'35", an arc distance of 372.03 feet; ORDER ADJUDICATING PUBLIC USE AND 4 ATTORNEY GENERAL OF WASHINGTON NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I thence north 00°02'16" west a distance of 251.51 feet; thence north 61 °42'59" east a distance of 258.92 feet; 2 thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; 3 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 4 recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated 10"' Avenue South adjacent 5 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 6 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 7 therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line 8 description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 9 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 10 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1 +93.4; 11 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 12 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 13 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 14 EXCEPT those portions conveyed to the State of Washington by deeds recorded under 15 Recording Numbers 8708140473 and 8708140474. 16 PARCEL B: 17 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; 18 AND; 19 Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 20 Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; 21 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 22 thence south 01 °04'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 23 thence south 55'03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; 24 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 25 thence continuing south 89044'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 26 Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November ORDER ADJUDICATING PUBLIC USE AND 5 ATTORNEY GENERAL OF WASHINGTON NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5, 1971; thence south 02036'57" west, along said westerly right-of-way line, a distance of 44.11 feet to the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and having a radial bearing of north 27000'05" west; thence westerly along said curve through a central angle of 6° 12'09", an arc distance of 192.69 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; thence north 01°24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. SR 405, SR 515 Vic. to S. 6' St. Vic. 02/07/08 Parcel Number: 1-20425 STATE VS. The Plaza at Yarrow Bay, LLC DESCRIPTION: Parcel 1: All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning ORDER ADJUDICATING PUBLIC USE AND 6 ATTORNEY GENERAL OF WASHINGTON NECESSITY Transportation & Public Constriction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 58&6847 M 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. Oh St. Vic. and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the point of beginning. TOGETHER WITH the temporary right and easement to use and occupy the following described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date hereof until December 31, 2012. I Parcel 3: All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. To S. 60' St. Vic. And 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said fine survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence southerly to the point of beginning. TRACT "X" Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 6t1i St. Vic. and the remainder of said TRACT "X". EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as ORDER ADJUDICATING PUBLIC USE AND 7 ATTORNEY GENERAL OF WASHINGTON NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. Olt St. Vic., and to which off and on approach only, the respondents, successors or assigns, reserve a right of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right out only. EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67t L/A on said BS Line. The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. SR 405, SR 515 Vic. to S. 6`h St. Vic. 2/8/08 ORDER ADJUDICATING PUBLIC USE AND NECESSITY 8 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, vs. THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. NO. 08-2-07273-8KNT STIPULATED ORDER FOR IMMEDIATE POSSESSION AND USE IT IS STIPULATED AND AGREED by the Petitioner State of Washington, by Robert M. McKenna, Attorney General, and Amanda G. Phily, Assistant Attorney General, and the respondents The Plaza at Yarrow Bay, Inc., appearing by and through its attorney Larry J. Smith of Graham & Dunn; The Boeing Company ❑ appearing ❑ not appearing; City of Renton ❑ appearing ❑ not appearing; and King County appearing by and through Margaret A. Pahl, Senior Deputy Prosecuting Attorney; to entry of the following order: STIPULATED ORDER FOR IMMEDIATE POSSESSION AND USE ] ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 ORDER 2 3 11 That at such time as the deposit of the sum of FIFTEEN THOUSAND SEVEN 4 HUNDRED FIFTY and No/100 Dollars ($15,750.00) for Parcel No. 1-19634, and THREE 5 HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED and No/100 Dollars ($338,600.00) 6 for Parcel 1-20425, is paid into the registry of the court by the petitioner, the State of Washington 7 shall be entitled to immediate possession and use of the property and/or property rights described 8 in the attached Exhibit "A." This order is entered pursuant to RCW 8.04.090 through 8.04.094 and the terms and conditions of those statutes are incorporated by reference. 9 10 The deposit is subject to any liens for property taxes, fees and charges owed to King 11 County. Property taxes, fees and charges shall be paid to the King County Treasurer prior to disbursal of funds to the respondents or included in respondent's disbursal order. 12 13 DATED this day of 14 15 16 Presented by: 17 ROBERT M. MCKENNA Attorney General 18 19 AMANDA G. PHILY, WSBA #37667 20 Assistant Attorney General Attorneys for Petitioner 21 STATE OF WASHINGTON 22 Stipulated to, Approved as to Form, and 23 Notice of Presentation Waived: 24 25 LARRY J. SMITH, WSBA# 13648 Attorney for Respondent 26 THE PLAZA AT YARROW BAY, INC. STIPULATED ORDER FOR IMMEDIATE POSSESSION AND USE 9 JUDGE 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Stipulated to, Approved as to Form, and Notice of Presentation Waived: THE BOEING COMPANY CITY OF RENTON DANIEL T. SATTERBERG King County Prosecuting Attorney BY: MARGARET PAHL, WSBA #19019 Senior Deputy Prosecuting Attorney CIVIL DIVISION E550 KING COUNTY COURTHOUSE 516 THIRD AVE SEATTLE WA 98104 Attorneys for Respondent KING COUNTY STIPULATED ORDER FOR IMMEDIATE POSSESSION AND USE 3 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I EXHIBIT "A" 2 ------------------------------------------------------------------ 3 Parcel Number: 1-19634 4 STATE VS. Plaza at Yarrow Bay LLC DESCRIPTION: 6 All rights of ingress and egress (including all existing future or potential easements of access, 7 light, view and air) to, from and between the SRV line survey, the BS line survey as shown on 8 Sheet 2 of SR 405, SR 515 Vic. to S. 6t' St. Vic. and the herein described Tract "X" TRACT "X" 9 PARCEL A: 10 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., 11 in King County, Washington, and Blocks 1 land 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in 12 Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof 13 recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets 14 and alleys attached thereto, described as follows: Beginning at the southeast comer of the northwest quarter of said northeast quarter of Section 15 19; thence south 01004'08" west, along the east line of the southwest quarter of the northeast 16 quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; 17 thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; 18 thence south 01 °24'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405)• 19 thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet 20 through a central angle of 07°05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; 21 thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21 " west, a distance of 292.06 feet to the point of tangency of the 22 spiral curve; thence continuing along said north margin south 80n49'08" west a distance of 213.80 feet; 23 thence south 09'10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; 24 thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 00'15'40", an arc distance of 51.86 feet; 25 thence north 08"55' 12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a 26 radius of 11,360.00 feet through a central angle of 01 °52'35", an arc distance of 372.03 feet; STIPULATED ORDER FOR IMMEDIATE 4 ATTORNEY GENERAL OF WASHINGTON POSSESSION AND USE Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I thence north 00'02' 16" west a distance of 25 1.5 1 feet; thence north 61°42'59" east a distance of 258.92 feet; 2 thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; 3 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 4 recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated I Oth Avenue South adjacent 5 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 6 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 7 therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line 8 description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 9 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 10 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; 11 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 12 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 13 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 14 EXCEPT those portions conveyed to the State of Washington by deeds recorded under 15 Recording Numbers 8708140473 and 8708140474. 16 PARCEL B: 17 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; 18 AND; 19 Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 20 Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; 21 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 22 thence south 01°04'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 23 thence south 55'03' 12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; 24 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 25 thence continuing south 89°44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 26 Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November STIPULATED ORDER FOR IMMEDIATE 5 ATTORNEY GENERAL OF WASHINGTON POSSESSION AND USE Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5, 1971; thence south 02°36'57" west, along said westerly right-of-way line, a distance of 44.11 feet to the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and having a radial bearing of north 27°00'05" west; thence westerly along said curve through a central angle of 6° 12'09", an arc distance of 192.69 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; thence north 01°24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. SR 405, SR 515 Vic. to S. 6`)' St. Vic. 02/07/08 Parcel Number: 1-20425 STATE VS. The Plaza at Yarrow Bay, LLC DESCRIPTION: Parcel 1: All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning STIPULATED ORDER FOR IMMEDIATE 6 ATTORNEY GENERAL OF WASHINGTON POSSESSION AND USE Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. 6`h St. Vic. and 70 feet northerly 2 therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 3 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV 4 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the point of beginning. 5 TOGETHER WITH the temporary right and easement to use and occupy the following 6 described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date 7 hereof until December 31, 2012. 8 Parcel 3: 9 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on 10 the SRV line survey of SR 405, SR 515 Vic. To S. 6`h St. Vic. And 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet 11 northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet 13 westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES 14 and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a 15 point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV 16 line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to 17 a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence southerly to the point of beginning. 18 TRACT "X" 19 Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded 20 under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the 21 northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. 22 23 TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 6`h St. 24 Vic. and the remainder of said TRACT "X". 25 EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial 26 establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as STIPULATED ORDER FOR IMMEDIATE 7 ATTORNEY GENERAL OF WASHINGTON POSSESSION AND USE Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 6th St. Vic., and to which off and on approach only, the respondents, successors or assigns, reserve aright of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right out only. EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67f L/A on said BS Line. The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. SR 405, SR 515 Vic. to S. 6`h St. Vic. 2/8/08 STIPULATED ORDER FOR IMMEDIATE POSSESSION AND USE 8 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STATE OF WASHINGTON KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER STATE OF WASHINGTON, Petitioner, VS. THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; and KING COUNTY, Respondents. NO. 08-2-07273-8KNT STIPULATED ORDER ADJUDICATING PUBLIC USE AND NECESSITY STIPULATION The undersigned parties stipulate to the following: 1. The Secretary of Transportation has selected and adopted part of the route SR 405 over, across and/or adjacent to certain property described in the attached Exhibit "A." 2. SR 405 is a state highway route. 3. The property that the State seeks to acquire and which is described in Exhibit "A" is really necessary for the proposed highway improvement project. 4. The construction, operation and maintenance of SR 405 is a public use. STIPULATED ORDER ADJUDICATING I ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwaler Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 5. Nothing in this order shall be construed to affect the title to or right to possess the property described in Exhibit "A." 3 4 6. The parties preserve the right to present evidence regarding just compensation at the trial. 5 7. Each respondent was properly served with the condemnation petition. 6 7 STIPULATED TO BY: 8 ROBERT M. MCKENNA 9 Attorney General 10 1 1 AMANDA G. PHILY, WSBA# 37667 Assistant Attorney General 12 Attorneys for Petitioner 13 STATE OF WASHINGTON 14 Stipulated to, Approved as to Form, and 15 Notice of Presentation Waived: 16 17 LARRY J. SMITH, WSBA# 136 88 18 Attorney for Respondent 19 THE PLAZA AT YARROW BAY, INC. 20 21 THE BOEING COMPANY 22 23 24 25 CITY OF RENTON 26 STIPULATED ORDER ADJUDICATING PUBLIC USE AND NECESSITY DATED: DATED: DATED: DATED: 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I Stipulated to, Approved as to Form, and 2 Notice of Presentation Waived: 3 DANIEL T. SATTERBERG 4 King County Prosecuting Attorney 5 6 BY: DATED: 7 MARGARET PAHL, WSBA #19019 Senior Deputy Prosecuting Attorney 8 CIVIL DIVISION E550 KING COUNTY COURTHOUSE 9 516 THIRD AVE SEATTLE WA 98104 10 11 Attorneys for Respondent KING COUNTY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED ORDER ADJUDICATING 3 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 to 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER Based on the preceding stipulation, it is hereby ordered: 1. The state highway improvement project for which the property and/or property rights that are sought to be appropriated is really a public use of the State of Washington. 2. The property and/or property rights that are sought are really necessary for the state highway improvement project. 3. Nothing in this order shall be construed to affect the title.to or right to possess the property described in Exhibit "A." 4. The parties preserve the right to present evidence regarding just compensation at the trial, which will be scheduled in the future. DATED this day of 2008. Presented by: ROBERT M. MCKENNA Attorney General AMANDA G. PHILY, WSBA #37667 Assistant Attorney General Attorneys for Petitioner STATE OF WASHINGTON Stipulated to, Approved as to Form, and Notice of Presentation Waived: LARRY J. SMITH, WSBA# 13648 Attorney for Respondent THE PLAZA AT YARROW BAY, INC. STIPULATED ORDER ADJUDICATING PUBLIC USE AND NECESSITY JUDGE 4 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Stipulated to, Approved as to Form, and Notice of Presentation Waived: THE BOEING COMPANY CITY OF RENTON DANIEL T. SATTERBERG King County Prosecuting Attorney BY: MARGARET PAHL, WSBA #19019 Senior Deputy Prosecuting Attorney CIVIL DIVISION E550 KING COUNTY COURTHOUSE 516 THIRD AVE SEATTLE WA 98104 Attorneys for Respondent KING COUNTY STIPULATED ORDER ADJUDICATING PUBLIC USE AND NECESSITY 5 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 EXHIBIT "A" Parcel Number: 1-19634 STATE- VS. Plaza at Yarrow Bay LLC DESCRIPTION: All rights of ingress and egress (including all existing future or potential easements of access, light, view and air) to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 6t" St. Vic. and the herein described Tract "X" 11 TRACT "X" 9 PARCEL A: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington, and Blocks 11 and 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof recorded in Volume 33 of Plats, page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 19; thence south 01004'08" west, along the east line of the southwest quarter of the northeast quarter, a distance of 224.15 feet; thence south 55'03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; thence south 01024'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State. Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405); thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction, having a radius of 1,810.00 feet through a central angle of 07°05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21" west, a distance of 292.06 feet to the point of tangency of the spiral curve; thence continuing along said north margin south 80°49'08" west a distance of 213.80 feet; thence south 09'10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 0095'40", an arc distance of 51.86 feet; thence north 08°55' 12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a radius of 11,360.00 feet through a central angle of 01°52'35", an arc distance of 372.03 feet; STIPULATED ORDER ADJUDICATING 6 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 I thence north 00'02'16" west a distance of 251.51 feet; thence north 61°42'59" east a distance of 258.92 feet; 2 thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; 3 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 4 recorded in Volume 17 of Plats, page 74 in King County, Washington, and of vacated 96th Avenue south (also known as Shattuck Street) and also of vacated 10`h Avenue South adjacent 5 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 6 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 7 therefrom; thence easterly, parallel with said survey line, 100 feet to a point and the end of this line 8 description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 9 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 10 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; 11 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 12 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 13 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 14 EXCEPT those portions conveyed to the State of Washington by deeds recorded under 15 Recording Numbers 8708140473 and 8708140474. 16 PARCEL B: 17 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; 18 AND; 19 Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 20 Volume 33 of Plats, page 25, in King County, Washington, more particularly described as follows; 21 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 22 thence south 01°04'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 23 thence south 55°03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place (60 feet wide) and north of said Renton View Addition; 24 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 25 thence continuing south 89°44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 26 Highway Plan — Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November STIPULATED ORDER ADJUDICATING 7 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5, 1971; thence south 02°36'57" west, along said westerly right-of-way line, a distance of 44.11 feet to the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and having a radial bearing of north 27°00'05" west; thence westerly along said curve through a central angle of 6° 12'09", an arc distance of 192.69 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; thence north 01°24'03" east along said easterly line, a distance of 122.94 feet to the TRUE POINT OF BEGINNING. SR 405, SR 515 Vic. to S. 6`I' St. Vic. Parcel Number: 1-20425 STATE VS. The Plaza at Yarrow Bay, LLC DESCRIPTION: Parcel 1: 02/07/08 All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line survey to the point of beginning. TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound Energy: Parcel 2 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning STIPULATED ORDER ADJUDICATING PUBLIC USE AND NECESSITY ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 13+04.47 on the SRV line survey of SR 405, SR 515 Vic. To S. 6`h St. Vic. and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the point of beginning. TOGETHER WITH the temporary right and easement to use and occupy the following described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date hereof until December 31, 2012. Parcel 3: All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. To S. 6`I' St. Vic. And 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence southerly to the point of beginning. TRACT "X" Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 405, SR 515 Vic. to S. 61h St. Vic. and the remainder of said TRACT "X". EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as STIPULATED ORDER ADJUDICATING 9 ATTORNEY GENERAL OF WASHINGTON PUBLIC USE AND NECESSITY Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 6th St. Vic., and to which off and on approach only, the respondents, successors or assigns, reserve a right of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right out only. EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 425+67± L/A on said BS Line. The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet, more or less, and in utility easement contain an area of 3,420 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. SR 405, SR 515 Vic. to S. 6" St. Vic. 2/8/08 STIPULATED ORDER ADJUDICATING PUBLIC USE AND NECESSITY 10 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 OF R,6, PUBLIC WORKS DEPARTMENT DESIGN/UTILITY ENGINEERING 0 235-2631 Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o � 9,0 �• 09gT fD SEPI' oOo BARBARA Y. SHINPOCH MAYOR MEMORANDUM DATE: November 13, 1986 TO: Maxine Motor, City Clerk FROM: Donald G. Monaghan, Design Engineering SUBJECT: RENTON VILLAGE COMPANY STORM DRAINAGE EASEMENT AND BILL OF SALE Would you please arrange for the Mayor to execute the two copies of the documents enclosed. They have been submitted to Larry Warren for review and he has found them to be acceptable to form. A copy of his letter is attached. We have reviewed his comments regarding the Bill of Sale and have inspected the installations of these approvals, and therefore are not concerned that the dis- claimer will present any problem. Therefore, the Bill of Sale is also acceptable. 1E.02.29:DGM:mf Attachements CITY OF RENTON Lawrence J. Warren, City Attorney ..{L Daniel Kellogg - David M. Dean - Mark E. Barber - Zanetta L. Fontes - Theodore R. Parry Assistant City Attorneys November 12, 1986 TO: Don Monaghan, Design Engineering FROM: Lawrence J. Warren, City Attorney RE: Renton Village Company Storm Drainage NOV. 1 3 1986, Dear Don: I have previously communicated with the attorney drafting the Easement Agreement and we have jointly arrived at the language in the Easement Agreement. The Easement Agreement is therefore approved as to legal form. With respect to the Bill of Sale, I have not previously seen that document. I presume that your Department has reviewed the plans and the drain itself and feel like it is adequate and functional. While the City is getting title to the drain, it is getting no representations that it functions correctly and the Renton Village Company is expressly waiving any liability that it might have for the design, construction or maintenance of the drain. This language is somewhat modified by the Easement Agreement. If there is any substantial doubt in your Department that the drain is adequate and will function properly, then the Bill of Sale should be redrafted or rejected. On the other hand, if everything appears appropriate then the City is gaining a new drain, which I understand is quite necessary. Considering the prior problems that have occurred in this area, the new drain appears necessary. However, it also puts the City on notice that this is a problem area and the City should be most careful to insure that the drain will help resolve the problem. If I can provide you with any further information, please let me know. Lawrence J. W r en LJW:nd Encl. cc: Mayor Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 A O 1? z o � '9,0 ,e• 09glED SEPZ��O�P BARBARA Y. SHINPOCH MAYOR DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT RICHARD C. HOUGHTON • DIRECTOR MUNICIPAL BUILDING 200 MILL AVE. SO. RENION, WASH. 98055 206 235-2569 MEMORANDUM November 6, 1986 Larry Warren, City Attorney Don Monaghan, Design Engineering RENTON VILLAGE COMPANY STORM DRAINAGE Would you please review the Bill of Sale and Easement Agreement attached Please advise, if in fact, these agreements are what you had agreed to with the attorney for Renton Village Company, and that they are acceptable for execution on behalf of the City of Renton. 1E.02.26:DGM:mf cc: Dick Houghton -RECE,'';J ; i113 DAY ' ri11J FOR IiLuORD A, RUM, VF O?'!CE CF TAf CRY CLFRK JEC RENTON MUNICIPAL BLDG. 2001AI11 AYL s0 kENTON, WA O8055 Easement Agreement For and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this r- Easement Agreement ("Agreement") is,made this _:&,n�day of CDc�M2731986, by and between Renton village Company, v-4 a Washington general partnership ("Grantor"), and the City of M Renton, a municipal corporation of King County, Washington ("Grantee"). 1. Definitions. Whenever used in this Agreement, the following terms shall have the following specified meanings: 1.1 "Drain" means that certain interceptor storm ,drain, including all pipes, manholes, drains, connecting drains, piles, connections, extensions and appurtenant struc- tures and other items, as further described in the attached Exhibit A, located in and under the Right -of -Way. 1.2 "Property" means the real property described in the attached Exhibit B; provided that Grantor may enlarge, diminish or otherwise change the Property at any time so long as such change does not prohibit maintenance, repair or recon- struction of the Drain as described in paragraph 3. Upon any such change, the parties shall record an amended Exhibit B which designates such change. 1.3 "Right -of -Way" means the real property described in the attached Exhibit C, or such other real property as may be substituted for the Right -of -Way pursuant to paragraph 4. 2. Grant. Grantor hereby conveys and quit claims to Grantee a nonexclusive easement to: (a) locate and maintain the Drain in and under the Right -of -Way during the Term; and (b) to enter upon the Property during the Term, at reasonable times and in a reasonable manner, if and to the extent necessary to maintain, repair or reconstruct the Drain. J 100686/7256K 3. Maintenance and Repair. 3.1 Grantee's Maintenance and Repair Obligation. Except to the extent set forth in paragraph 3.2, during the Term, Grantee shall maintain, repair, or reconstruct the Drain as necessary to keep it in good condition and state of repair r-1 and functioning properly for the purpose for which it was in- tended. Such maintenance, repair, or reconstruction shall be accomplished in a manner that does not damage or disturb any r-� and all other property or improvements existing on or adjacent to the Property. In the event any such property or improve- ments are damaged or disturbed by such maintenance, repair, reconstruction or other acts or omissions of Grantee, Grantee shall repair, restore or replace them to as good a condition as they were immediately before the Property was entered upon by Grantee. Except in the case of emergencies, Grantee shall give Grantor reasonable advance written notice of any such entry, maintenance, repair or reconstruction. 3.2 Grantor's Temporary Maintenance Obligation. Grantor shall assume, on behalf of Grantee, certain of the maintenance (but not repair) obligations set forth in para- graph 3.1 for a period of three (3) years from the commencement of this Agreement. Such maintenance obligations shall consist of maintaining the Drain as necessary to keep it in good condi- tion and functioning properly for the purpose for which it was intended; provided, however, that this paragraph 3.2 shall not impose any duty on Grantor to repair or reconstruct the Drain. 4. Grantor's Use. Grantor reserves and shall have all rights to use and enjoy the Property and the Right -of -Way to the extent such use does not prohibit maintenance, repair or reconstruction of the Drain. Without limiting the generality of the foregoing, Grantor shall have the right to relocate the Drain; provided that (a) any such relocation shall be to an area where the Drain may perform the same functions as in its existing location; (b) Grantor bears the cost of such reloca- tion, and (c) upon such relocation, the Right -of -Way shall be changed as necessary to incorporate such new location, and the parties shall record an amended Exhibit C designating the new location of the Right -of -Way. 5. Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its successors, assigns, legal repre- sentatives and venturers, and their respective directors, offi- cers, employees, agents and representatives (the "Indemnitees") from and against any and all claims, losses, harm, costs, lia- bilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) (the "Losses") arising out of or in connection with Grantee's exercise of, or failure to exercise -2- 100686/7256K its rights or perform its obligations under this Agreement. To the fullest extent permitted by applicable law, this paragraph 5 shall apply regardless of any act, omission, negligence, strict liability or product liability of the Indemnitees; provided that this paragraph five shall not apply to the extent any Loss arises out of Grantor's negligence. Without limiting the generality of the foregoing, Grantee assumes potential liability for actions brought by Grantee's agents, servants, employees or contractors. This paragraph 5, and any other provision of this Agreement which may reasonably be construed as surviving the expiration of the Term, shall survive the expiration of the Term. 6. Successors and Assigns. Grantee shall not assign its rights under this Agreement without the prior written consent of Grantor (which consent shall not be unreasonably withheld). Subject to the immediately preceding sentence, the rights and obligations of the parties under this Agreement shall inure to the benefit of and be binding upon their respective successors and assigns. 7. Title. The rights granted by this Agreement are sub- ject to permits, licenses and easements (if any) heretofore granted by Grantor affecting the Property and the Right -of - Way. Grantor does not warrant title to the Property and the Right -of -Way and shall not be liable for defects thereto or failure thereof. 8. Term. The term of this Agreement shall commence on the date of this Agreement and shall automatically terminate when the Drain is no longer used or useful for the purpose for which it was intended. Grantor: Renton Village Company B _ Jam E dy jo Join ntur nager Grantee: The City of Renton By5'P�uoch, Its Barbara Y. Shinpoch, Mayor ATTEST: Maxine E. Motor CMC City Clerk -3- 100686/7256K STATE OF WASHINGTON ) �/ ) ss. COUNTY OF ]� l A/G ) On this 301_f day of OCTD,5F_/P 1986, before P_ me, the undersigned, a Notary Public in and for the State of M Washington, duly commissioned and sworn, personally appeared IC' James Eddy Warjone, to me known to be the Joint Venture Manager C1of Renton Village Company, who acknowledged the said instrument to be the free and and voluntary act and deed of said partner- t,.l ship, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and yeatf .in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at A,V'po My appointment expires /o -/a-9 7 STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of Nooexn b�,' , 1986, before me, the undersigned, a Notary Public in and for the State of ashin ton, duly commissioned and sworn, personally appeared to me known to be the of The City of Renton who acK.dowledgecT th said ir0trumerit to be the free and and volun- tary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated that he/she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 7 2 S 6 K NOTARY P LIC in and for the �t�o�-e of Wash n ton, residing ai. EA11-=-_ My appointment expires=a�-''�.'_. -4- EXJ,:bt1- q SG120314:37 i 8GIZO31437 Ar Ale Q ol 4�� APO wwnru SITE VICINITY MI�P A' &.N 2-83 C 0400 /M0 2400 2M0 4+00 6•00 6.00 7•00 YM.1 w.!! rIN{ K•r.U. N.•ur // V ✓rwr illl.2 "w f ,xed.fG Jw4! /rlr0 roru! ,f rww.r -. -- lA 1n Ur.Mw fM/rwK/.Yw / /iJw rnr l.I..v 40 75 rwrw 30 Ao fxr N wvw r0 !/uI l[25 Wo -cl 20 Y"� K• JM/ wN/pR- 1s I w•pJI �wM • 4 /. /•N.yL N/Y /onwra.+ w rw.e pAR^r+1 P R O F I L E SCALE Horlaonlat is SO' Yartkat r-S N 6•00 8612031 ,137 LEGEND un• .•r r uu. Wray /+•n « Jwrurwr J�ild ./•KVwLMIRO Yip/ Y— /M, Ow•d /w Rre row.+rru . r.IlliAfO Jill, /I/Nd PPE CLASS 6 BEDDING SCHEDULE i•.i >r a.a .. i•r av u f >r r•r .. nw v m i)' 1•r « 111 i .i' •• N Y o L .i' r' .�I r •t. 111 M �M�.�V Ilf• ■ Af 9400 10-00 11 W0 12•00 13-00 uatat TALatla aoae $o rrr.• «a•rJcr rrwv C•10U //I/ /rr[r / f 1 a ,.•,} LI`. 40 t �i i � t a ,�.. 35 rJJ.. 30 ,3 rw J/dl! w•-IJMI I I ..� n.NA [..•.. ram/ J.. J•r ! _ — -- I J � .� r,r•. •r �T - 25 Jon>r .J.c snx J•[rrx pJra 20 r �-w.Y• \ NY•/OY Jrr//wn/.M'/ •lN/K/•JOr 1S --_ JI!J•cfAJJI ........... ..._. D//Ln KIJ I ew.•+Iwo fa/lsv� lrr iv�i,•• mrerf A &CALL• t' • &f/ lIN! r• j / 1I •' Ir t I SCALE: 1f `�• / r01•JwK/Af N ur .veu Jr/ / MH#T MN#2 fOOwNN/1(J r:J' •ca•!w/r r:" A;1 ,II ".0 N /il) 1lj e1 .•/•/r•r M•/ O.dd �//. J /IJJ—AA r:r/w n. •l rf4'• J•Jr/1 fN //f f) !ilJ /f)At (/r/(f n. •rrr f D' !•Y /1 �1G1 <I.OnI M lf.11e M•! �rf0' I•/I/J /N/JJ l ,.r{O lJa JJ rrrWlllOr r'•• Y I/ NY f faD Da Jl •. {suwt n:,lZv31437 SG12031437 l 0 t e A/AJAr J//l/i! /J/!! ' wlR1M1AI wJ1� NOTES CONTROL. BORING a OVERHEAD WIRE PLAN !!alill /!ss l�►- !vr MANHOLE SCHEDULE 1AC.N) l�ulD .rI/r) afrlrM Iwr• IMeL YsuFin Y r A71" r«, •••. �iiu« rrnr •,-Y• ,•n RYt 'a An IY. ra 1 D'1 ffNr » .ur^ b1 ,fir I � �y f•� rwrwYlJraE' a •....• . 11 « ,., . ..... •r' � N Y r I rr ".« I » . .. 11` Jrre�Darr �:1/'! rvw JDraavw ir± ,«'/ rr rt/r erJ Ae� 1 lrDl fJ ' !�: D /e•v �• COryr/tiv /M D'!Nr a .�.. ,�r r u .... ,f r o a> �... i/ Jrr L Mi• fv !e•f JD mqr •.. .• ...• ,... ,I ,.• . « « AAAA . u .n L I v„• I „� vr' a/'J rrYNr.4 \ J10 12 rI9 ��rP �� •e. �. « .1.:'•.:I.'.;... } NY KneyD n�R Cn• .. Ya. ,..r ,t .• . 12 M r' :I nle.0 -it - f/f•J- YNwif — MN�♦ — - �N %N'/ l f 1 /!• r-"! IIrA (err!!)dr K •A• rr. ,11 r• • .... 3,. L' w H . Jll7 $! Al wr/v/ I "" •r, .r , . AA YNrfC « .rr «a ..�. M• YNI{C �, 11 NrMaD IJWf t0 .• ....... " ,T arm n'wrr ..n. .... MHO{ /KID IKII! .. .. n .. >. �. r. .. rNY .. ......r. .., .... +J Jrr'�r "' w Cs_t '•-/A•w/-- FRAME, COVER, L GRATE SCHEDULE . v rewwla /.K 1, a /or/r / dr/O fMlw . I .• Y •• ,. .•+• •.• ran 4 .. ..�. �.r ..... r. END VIEW -DEBRIS BARRIE , r. .......... .... .... ........ ...... MANHOLE SECTIONAL PLANS •• ••••• .. >. ....,....... ., C C SHEET 2 C 4 r EXHIBIT "D � G That portion of the Northeast 1/4 of Section 19, Township 23 Nortn, rand 5 East, more particularly described as follows: Commencino at the intersection of the North Right -of -Way Line of S. Renton Viliaae P1. and the 'West Right-Gf-hay Line of Taibot Road South (State Road 515); Tnence North 02'36'57" East a distance of 423.61 feet to the True Point of Jo,;nnin,,. Tnence North 08*20,531, East a distance of 10.0 feet; 7 .enZe NZ;rtn �. 'a, 0�" vies: a a_st6r_e ... 5C.0 'enCe S3L;t`' C 2C 5.' Pes_ c C_stance o' 1'I.0 'eet qr4 Thence South 2'36157" Crest a distance of 383.61`eet; m Tnence North 89*44,021, west a distance of 819.0 feet; Thence South 0'15158" hest a distance of 25.G feet; Tnence Scut.. 89*44102" East a distance of 5-4.G feet: Tnence NCrtn 2'361571 -9s: a distance of 357.6' feet Tnence ;C.,tri 'L• i 1 ;0711 EzE t .. Glsiance o- 23.9E feet to the hest oht-O f- ha% -'_ne of -a'_bot Roams Scut. (State Road 515). Tnence alone said right of way line NCIth 36'5-7" E25t a distance of 51.0 fee. _, c')C t'i? True PG_^t Ce-:nnin:. 8612031437 AF A� 0.1 G 40 t0r Jiw ia. r uu Je+F r�• SITE VICINITY MAP 4,5-11 2-53 d. awww.www.y..� m�u� 40 35 30 25 20 is s I �,.. �• _ `ter i • "�'/- y 0+00 1+00 2+00 3+00 A.07f DO WE JC/C! /.MP7 PN070 rCAN .QW4: jW Lva;sabRaBid r 1. f% 4+00 S+00 6+00 7+00 8+00 9+00 10+00 8612031437 LEGEND CInP ~weuno rr!!t merit Pin —.. —•.-JwNiritr !!w-!n Tel IIA~,e _.--—w•lrlr 2.. CA/CN DAJ/A/ o •• roweA PO(! C27 U.vOld600lAVO ✓/O(r NXO. ,1AIT -�� ZTIMAC CON/O1J.11 -—Ir0d0- CeAfhW/N! (GI///L (i P• Jl�7Mr .Vy/'IQfiIf�A�-[ JfCl/gs/ PIPE CLASS & BEDDING SCHEDULE ►_fie IJ.ca lua/Sta 1o. Pine Tree ..6 et... - 6e t-6 66- 0-00 t- -0.16 scr 2I c r2- 0•70 to 2-20 Itcr 11 c• 77- 2-20 to 2-62 scw I11 c 72- 2-62 to 5-00 CP III 6 72- $-GO to 6.20 scP III c" 72- 6.20 t. MR U mcp 11 c 62- ,m . scr III c 42- t.R , c3mr/0. 064- r 12- RR t scr sit c "'.42- YR 6 cS1P/0. 1001 r 1s" RR 6 scr 111 c IS. RR 6 Kr I C 12- go 6 CSWP/0.064- r 62- C1-1 sc► ill c t e1r I'1. •� 10 mo.6 Rer is Plat un I 11+00 12+00 13+00 CAUL/M TALBOT ROAD S0. MH♦ 1 4/GN (/OLr/6! L/Nf1 NOlC Ci7L2tf P/Pf I!/GN- f L4CXJ/ON a' 14"I'OLL `J MHI4A MH#S MH♦2 MLVT• Sff J.v!!T 1 MH#BA 1 /J ///?OX/M/rf. MH 3 CO.I/rRACrO.T JN/LL AI&D - L OCArl ZfIff u' ncP I-MaT Ilrc/vArf Al IN r0 a rVZ T CCWIAtIJCrJON') O L!V Jl 0Y!? ///C �, 1 `� .14 �eXCAvrriov L/.r11J % 40 eraalO r711/ritr er / �c. � t y ,� b r /ww35 Ore.riJ Jere s4e a 30 JD LLTA/N rO lrJJl CO �_ . l..r� 60 •, .r • I 1 L J 2 S cJ.,P _ i1•A P/Pf F•TOIr . Ga-�-RCP_- �-- - -- _ _ ,1.t �— v Li 20 - � fX/Jf J • O l2 Y. `/NY• \ /NY• !O I! J!/Mr' eOnar C_f1fA • [rrnl•J.1v v �. � �/NY • 1G1Y1 /N✓ a /O. G —� 4 m 're, JarfP Qd7QM "oTTs 15 /AN • /r J0 P/Pf ///+'A'OL IJ L LlP/LL JUrrOAIfO—•--�•�� J. G J7C _ J!! J/•ffTJ Jj 7 I t .. 1..1ee rlr•• al.ra.r. .M.... le. 712- See S-.el 2 for a•l-s ud ww. w.l.f er.. r. uwnvcraT /o r/fw O[T[wM/A•!f P R O F I L E 1. se. .ewe..le 11.1. .1.... I.r P.Pe e1•..r. .. Ydd.-R rear. rt-r.la. SCALE 6- U....u- P.P• r rr7 S..l...- 6-50 u. Horizontal: 1- 50' S1.uo- t2.16 •e.11 , ".s ..r..-...n1 verilCat 1--� 2 r.e..aca .1ae or ntw to .a1.11.R 6-6.. S. 12-1.eR CSKP e.P.lvert .. er 60-1.ra 6r4ta .1..1t b. Iut•I1N .t ....-..- Rr.Oe .w 40 -1Ks PtPe ..6 .t • .I.qe .1 0.S Peree.. It•ft• .. re♦-IrM. C Q/ C W V t a Q Z J _ a � ?. Q C a. W c a0 J Uc� p zu. y 1..- O O cA = CL C3Hm _ W cr_ �� II 1 NQ C d J O W Oa c () O Iz O CC LIJ ¢ i Z 0 O m J Q ~ C O ' C d C ae�. SSE ].• e♦-et -- Ao -E j l ' G•j40C/ SHEET 4 'awillH /fedf Ql.KNrl/?R 101�l/O.(/J' '�J7 / wlJ/ r/r0/r'rlY CO.TNl.r nLWU/1!.✓/J COORO/NA7LJ f-Jft -IAAr et/owf ZaC,41/041 JTA N ! IW7IRJtC7/OA' /BOA' N/A /N! J66 J! /. 6G O, JrJ. 7,1 /171•' , it19/lR77 COR N/A !!O IE ! CJJ SJr -r7 SCALE: 1•' So tAJI /.TCrlRlr !•OR W/i /7� 1t71! !AGO tli JG C!A•71R P7N'7 - O. tJ t C!A'&A /IA-1 0000W ~/7I �J/ 11 !LJ7. IJO dIO CtA'71'n /YN'J.t.•cL'• Jr1�eJ tJ..ry4.7 /,4"AC-1m CtA'JOT /1N-49-•f Jz• Jr 3/QJ /.'.f J /LLO./6J re \ff71 1t •hall hr Iwr I••nl rarl••f w .. .Imin. ..-.•-brat n• ,n•• rt.•ar_ ClvRR AN'1 a fLO• e.077J /1(IJJ 7J /, LLO, IJG /J •^I •n.rnraa ry..rr I,n..• pr n.r ... .•' 1 n•n a.a I •• r..w„1. . u n .I a 4 r7 /!N164 //.6L 7z /JI e4w. /O ! 460 P-f IO >.IrI. c.ari rr•Yl rr.rsla 7M- ,r:.rr 1•w...'t..r.w.-. taf..r-.ttna rI•r• f lUJ1ARCN C/7r M•r.-••tI ,f t••- lrr c•.wl r.rf .r-+ crs- sl CONMLCJ/ON elld. J/ /7fa//L7 /-4.40 JAG. �J rat ,•1.•rolu•w •r11. Clr•r.aty. .Mwn .rr ralf YIstN rlrr.t lrlwf O..ra walu••w• a eLr nl /refs arr•er .wrw..1 of rr.'t w+a.rr.+•rol.. '17WlR /M7J O✓lRNLlO f .••' /rM % l•s 1 GUY A✓t/fl - / t• RitCL � JO-CI[/.f/.vC! 1D' flU.f.ftCt '•/1-CLG/rSGcYI 8f12031437 1r jell 1i •/XC,c� Cam^ tNe •Je'lJ! • � t ,r J7J0 I i rs t itT r Il'C!G'tlA.rY� 0 Q_ t = i 0 O e ' 1 r NNIs 'rt.� �I� • • JJIQJ --tea- a� wro Et7 O I � GS J7 � 1 IfN S AM%, 112.7 err Pat - /NrlRJlCJ/LW rlal� CONTROL, BORING & OVERHEAD WIRE PLAN /Jere pr .�la �;�-fr�r Fe comer 0t0L770L? ARF.! 1liliRII /lA'ACIfQf/1 A?!A L f. tse • 4 /YN l �XAWW,r'u-joMAC JOfNu� /Dr 1 /Ir Ll• CONNICJFON dAw/1407 �r / V7AW Ar-. 1 , / r!!-Cir/ IZ747tW In /+'!•! //N 1 A cm C1LlY/f O!/r �f "'}r !X/J7 CSri n4rho! b• / D ♦'D ACYIJS /d0✓f wiOJN LY ?.ItX'.s' n 112.41 JD /SI Mr)(% 1'� Out 1OOl7 !! !J00 a /' /( Jwa' fiar/cAilo / t I.yII. ` . �/NcP• /A!lLfJ ALW"! iit�` Irl�l 70a 0' ✓!�l!;4 X r: ••CONN/C740W JOR t1�1;" , J!Y er_ o LIrAlOMMU Aalf f/J011 M/ lYD (n-C1Nr SCALE: 10 v � !i t7I !/'OALYlJ tz 0 sac JO J. roc+r / • // � _0 AC/ ,A � ( _ _ MHiBR � S�-ttlnov! Afils COMrATACJOR 70 A - - } • - - C UJ AOOrt -r Y!R/fr lOC/7/CW A/%/YL' - a -� i \ JLL NOT! J/A J �;1/"4XLU,.W. JllrJ G-,tT-dTlr✓/ i/•AWZ /JrF/J MHr48 20 I. ` i�-lr4rr/J'RCY MH# 1 �r wortwl�� tA't MH;6 1 f�l[D LOUTC lrar /J� 1 a O i Jz / /ry :wad A'. JJAeo•al • / / It • w iJ.v ALYLJJ AdO✓! / J7lrJ RAA!W 1W five fiRar! / 1z_0'we MHf2 NOTES I ALI +r01-01 as -• r A7-t.• n t : a,. r. .n.lr'e• ": ....c . a•...a ..1 r. n.r •. . , • �»Fret n•. 1.. 1tr .. tntrr•.r -pq L.r 2 --•Male : aaa11 1•• IYrn LM•d •tYn -tn-•"••,r'te n 1n- •-.I-I +I 1.0 t2.t.•-n r •. "-r.,r. Yal 1 It_ .I •.•enrrt fn. L. 1n. ar• tat. Per P�(n nr•Ir, -.wM•Ir •G. !•A .ad Ac . . M• turn t.nra u1a rl1 M-r ra•I- In.L:a.-.- �. (), •. •a al leaf. 1+•••• n•Ral 1•wn.f•: tnn It••t taw ni 1•••aJ,n••• �..,.I':aa n.ra!t:t •ttn 1•mnan l••e. ana.nr I+aalnc Ytrr- •I. , r.] 1••, n••n-Pt lr +uPrv•rl ra PIt.- •a- at Pert Yrr.. net I••r1MIaM•r,l,r.t t••.f. .a,•,- Pharr- aa.11 tar 11 1- a••n-Ioc.ta, IIPr. 6 Cr•waa .a.r Ira..• are ar.rwal. .a.I.Iw Ircela .a) k Y.ea .1 [Ir.'.t lna 2s. fear Suu,• -O-If to 1•s0. ••A va [Irr••Ifr 26 •Imc tM rr.•f ttMr of the alfst. t r.el or .Nli u.r Orrc •Yllwa u. Pre aunt fi-i,a .1 of ►1Pa•a of aaswlea.b)' aase ca Y.N �) flolai la. an•11 Or rr9.vra v, for CfM traclar t ao add, I- I coal to ter over. - T. Prt.r to twaeetj- of ..lot lab drat.- l0 abr a!• elate., aPPre..1 for co. -echo.. -ball O. obi a..fA irov ter oa•rr. 9. A11 rsbole• ao.11 b. I.-,.brA to •o9volt 9-20 IOHaviv. �. The .bens b•-,, .Fall be a. -IA.- a ter vlus ad I*. the Specl.t Det+•11a, e•crOt a►.t tab ►arner as.11 br I.bllcatea tv trra•n.'ablr tr.Ib r Ibas sectired) aad .ou,pPraItb p.11,aefltlll-9 -Lea to .It- re.o..l br Ile., -:1 -enw r-ulpwot f,.- bacbboe) If roaalllO.a I0. rteid locate tor Type 27 Cate\ vela .t C9 ai to •Iloa coaaect- of 12-1-1, vCP eat-.,- 1. 42-,.cb RCP e-tev- -. Srt f.•,.b .lacatta. .1 ra t.-c 6r•w.4 r1e..tion. aAV1101Z MANHOLE SCHEDULE PIP[ CMOCROITS - 117. Ovucs INTERIOR no. TYPE SIZE 1 AMA True 111-96 l6-9 •/CI► 9... 2 APtA Type 111 144"0 2 AI -.A TIP. T rl"r t0 4A AMA T)P. 11 tat-9 46 AP.. T•,- 11 .A9 K AMA True 111 46"6 5 APIA Type c Plan •O 6A P-... I 1.1.1111 10'9 %..It .If'L M H t 4 It 'mr Jo ro I ta !•y'A -.. GIN ar•A 1- 7 f �' 1rt77 � �--^:-.A' •r•�.l:'.^7L.V7 -J• Fir J/iC/.VL �!yvt .J•CJr'a-':J'.' _ �� - V. ^111J19C d 1 A.- lrrtw/04 { .r.... r„7t CG'Lf"Fr .. .lPC yL<•r� .';-Ott.^' ! r• _ .. : J!! Af7J! /o u J//1L•ttl), 6,. - "+ ` !rIlvJAA(r S11111P IRT im rit Got DEPTH• S12E Ury PLACE PIPE ELL% ELLU COVER Rove t2" I• IG.Y_ 11 16- MCP 17.7 25.2 42-- Out 16.T_ as- 1. 16. 7: war 72" 1. 17.SO c le- MCP 19.11 26.0 13) 49" OYt 17.SO ss 72' itCP 1-..So 25.9 (v) .Far 72' i. 1N.22 S••f•e 72` o. 16. 22 20- GO- Ia 20.09 9 19- 11[9 21.3 42' I- 19. 27 .2' Out 19.09 tr• 12' 1e 21.it .arse 12- la 2. 17 42" Out 19. S0 wve 12" 1• 24.2: �o.e 12-- Out 24.2: S..we 60:" 1• 20.26 Swe 60 1* t0. 26 7fl" 1* .42- 1. 22.6E 11 Is' RCr 2.i 1R' I• 21.14 I. 16- RCP 2.1 '•' I. 21.14 S. la' MCP 22.9 60 out 21.14 t.•ar IM Ia 19 t. 29.5 4.911 '_••.5 fSl 2-.5 29.S ". 0 n 1., h•I 4u 1 Sl ah•2. _. CB- •. y dlfl FRAME, COVER, & GRATE SCHEDULE ' fOw a' lOUCRlJ! //r! 7Yr! zr OR !QL/AL K/ Jlt AV& JN/J -"r,7 r,"�1 f •� I n� JAL/o COY!/► 1.7.41A.WS,6A 24 APIA Std. Plan fn 42 •r►lnn ra ....-rn • END VIEW -DEBRIS nARRIE2 24 .hall••. 114• 1•11 Ift- +1.n. .1•111ra a.•..r• -MANHOLE SECTIONAL PLANS •• 4(-. Go oc 24 AMA SIa. Plae b- 42 C11-1 24 a24' east ,r••a I.ir1 tf•-A SIa clan 1••. 49 -4.0 T _Z � Q N a a: E C:) z O U C: .a Q1 OCl) uj J W > O L) c a W Lu c U J c H a Z C C C C c IG 3900 / 1 SHEET 2 � � 4 677 'IF WE CRY CnX V " MUNICIPAL BLDD. ► 'I AVE so. B111 of Sale 1. Renton Village Company, a Washington general partner- ship ("RVC"), hereby sells to the City of Renton, a municipal corporation of King County, Washington ("Renton"), and Renton hereby purchases from RVC, all of RVC's right, title and interest in and to that certain interceptor storm drain, including all pipes, manholes, drains, connecting drains, piles, connections, extensions and appurtenant structures and m other items as further described in the attached Exhibit A, located in and under the property described in the attached W101 Exhibit B (the "Drain"). co O 2. THE DRAIN IS SOLD "AS IS," "WHERE IS" AND "WITH ALL FAULTS." RVC makes no, and Renton acknowledges that RVC has made no, representation or warranty, express or implied, of any kind, with regard to the Drain. Any description of the Drain contained in this Bill of Sale is solely for identification purposes and does not constitute any representation or warranty that the Drain conforms to such description. Renton represents and warrants that it has inspected the Drain as fully as it desires, and that it accepts the Drain in its present condition and state of repair. 3. RENTON WAIVES AND RELEASES ALL RIGHTS AND REMEDIES, AND ALL WARRANTIES AND LIABILITIES OF RVC, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFIC- IENCY, OR NONCONFORMANCE IN THE DRAIN, INCLUDING, BUT NOT LIMITED TO, ANY (A) IMPLIED WARRANTY (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH RESPECT TO QUALITY, CAPACITY, DURABILITY, RELIABILITY, SAFETY, CONDITION OR PERFORMANCE OF THE DRAIN); (B) IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR IN PART FROM RVC'S FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIA- BILITY; OR (E) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PENAL DAMAGES. C1 4'*RVC is willing to sell the Drain to Renton only in 2 consiferation of and in reliance upon the provisions of this Bill cf Sale limiting RVC's potential loss exposure (such as ;u LLJ C. �.. C paragraphs 2 and 3). Such provisions constitute an essential part of the bargain underlying the sale. Date: 1986. Renton: The City of Renton ' RVC: Renton Village Company By ►' axb anw Its Barbara V. Shinpoch, Mayor <!4int e ftureager ATTEST: �`' r, Maxine E. Motor, CMC, City Clerk STATE OF WASHINGTON ) ss. COUNTY OF On this .3UT1A day of 0C-M0!5f, 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared James Eddy Warjone, to me known to be the Joint Venture Manager of Renton Village Company, who acknowledged the said instrument to be the free and and voluntary act and deed of said partner- ship, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. STATE OF WASHINGTON ss. COUNTY OF NOTARY PUBLIC in and for th State K of Washington, residing at ,!:�Vwyo My appointment expires :/U'/�2-0 On this day of N Qvcw , 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared -2- L-6m �. Skt' 0Oc(IAJ IVI'Ae,F.&v-to me known to be the p of The City of Renton who ack,howledged th said inst ment tk-be the free and and volun- tary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated that he/she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 9 0 9 4 S - LZ� , 't - - NOTNRY�PW IC in an or the Sta F? of Wash' on, residing ,t My appointment expires:, xpires: -3- P`!�l:Gv�1�4Jf� ISG12031.138 GV gyp• oq- OV 'E,chiI,-f A VICINITY MyN As&,li P-a3 Q . Imo: •::n:� �S�7i �►d1►1-�a1►� i H� 7) 8612031438 40 35 30 25 20 lrur Y• 0 wl/ 15 0400 1.04 2+00 3#00 4.00 6+00 6-00 7.00 SW0 t•%. t ww! fNrl /JO/ wf/ Atl•1 APfr•rw O Arr frrn-vwtM Z 5- Y ..Lf 5-MA 8 a Lr•r. NJf/!•f,. / l / ...s a �� M-0 -C, 8612031•+36 -JhM/I 4•I//N >• Cl/tN NJ/M .� rorlw IMf M�.'OfwLMf/M Y (NI JMI rr/wM Orlfr /rMfJ/M' N /fN'J • � lfgr/wo tevr.MwJ }�--�MOM1'II/ f/N/ ANO AI}rr.IlMrJ .r PM CLASS i SED04M0 SCHEDULE !r w.....fa.nr r.r nr .Y a.. �• - +u r . t•r t a wr .. tts to w• •w ...w to a. ••r .. ♦r o m t t•' .•r •..r Y v t .Y t r. o—i iu M .r.. r.r.• r;/ t 6400 LJ.le�10600 11W0 M. r/wQf r •r \ o.. Jwy w•aJr L Ix. NN- ra.wru./ r /NY M/MMJ IL IOr l/ 4 Kr• Jvr•,ra JO/I/sLvw w - A4 P R O F I L E SCALE Hod2oetak I,- SO vedk.k T•i 12-00 13+00 TAL"T t10AY 84 rw•y �i 3 ,t !! Z k� 40 rN 35 MM Rt� O+•! fw IN J 30 -n.n-.e•, q• V-T 2 5 •!JJ .a.r 20 uw+ ns�.u.aM b •Yn wrIJV.M, I N.Yr n.rr N'I'.IWJ fq r'1/r 1 {cwiL• r•N y /Mir[ r r faPfNNII(J Jarrrow »� Y r••!•J!lN, v � !„!JAL J/ rfsO Jli re w !!' rTY+/1 riir �I, 1 •Y// r/I f!O M rfJJ JJJ IJ (/Y'!w Ar •! O•afM _.N .Jr IJ !lJ]YYI� r/rOI ro•J �J .•• J•J+eJ , «J fJ rsJJ/U ro n. u. r•. •.�/v l!«J°J .ff°rJro r Y,rI n• •J .• / I°• ;reJ s.Nu rJI.JJ � / tso lx r� �' I/J/ /I[Y fI1/ Y.D JJ lI JY Y / tae la JJ lerrilu°Y l — — �r •. aal.Mr /Nlrgf•,' .a�.rY rr NJ ! •� ls°�•.rrw9wf / JHT• r 4".-r -,at Jilc/ CONTROL, BORING A OVERHEAD WIRE PLAN anirarr ,u/• lfMfY.ftlVl/.V/ - ! Ai'� NO AP /wr•/JN S♦ ,a Imu /rrr larirer ,V�I4w .Yir r err* ��-�Jrrsoeerir ra♦r J°m/Jl nlrf Jwfl a•r!! YNI{A � � is r/kr uc,�•A'rr.rJ Jlf/J- MH• 1 MM04 NOTES ✓ r xJi lr(Jgr ii • rllvi MANNOLE SCHEDULE muw ayi•' »a nn w.n .rw �v, is ,e. rL» r a faYrlC%M �1. run !i .Jrlr rrw 11-r w • .r .Nl Ir ;: � .. rr1 » , i ' lAVNrlpjr /r r'CJI+/ 1J- . » pi te, to ,I• n • rt' i J♦ i• R/rM► N�►/ —'7 n, /N•/ � � /!� leracJgN N ♦n ,...» w-• `^•' ii- d. ».; ..« » . .•. Ilr/u .eaf ` Jrl/J y'! Y■I{ii r'01Iv—i • ♦nr ...• • ...• N Vr, » WI{C Q Jf'.MJI /f,YJ w w lrr ]O 11 r t,rlrr, . r r .♦] • J: • :r • i; � -.Y..'.� MN�S �ni° aot e•. ii is » r. .. .. `. �i-rq"q ^ L•IKfnVYf .f• frlf J KIaY. 1J1'!/J (./•rl/.Y p�n. � J rOe IN a•»l°(r .. ... ,... r �. • . •• i. ti. .... J."r' .arf•M l n nYs Jr.•/ r[/Ar . • r .. rn! rr=�.a.v J �.. r..r .n. .r• nr � ... -/r.J•r..f• cvr �fo� frrvfwf A/ rY/ q/YU JrVr• M-/ �rY �. w.. CB-1 FRAME, COVER. Iti GRATE SCHEDULE J// MJ'/ lrrJ J r were ro•lw r , ..... •. r. ....... . �..... r .. �............. END VIEW -DEBRIS 6ARRIE , ,r •....... .............. MANHOLE .. ...•. rr n.... r... SECTIONAL PLANS T r r .... ... , Rrt•TEQZT98---- ---- MHa2 CXi Me r� c^i CO E X H. I B I T That portion of the Northeast 1/4 of Section 19, Township 23 North, Rance 5 East, more particularly described as follows: Commencing at the intersection of the North Right -of -Way Line of S. Renton Village P1. and the West Right -of -Way Line of Talbot Road South (State Roac 515); Thence North 02*36,57" East a distance of 423.61 feet to the True Point of Be -inning; Thence North 08'20153" East a distance of 10.0 feet; Thence North 89'44102" West a distance of 50.0 feet; Thence South E'2C'513" hest a cistance of 1C.0 feet; Thence South 2'36'571, West a distance of 383.61 feet; Thence North 89*44102" West a distance of 819.0 feet; Thence South 0'15158" West a distance of 25.0 feet; Thence South 89*44102" East a distance of 844.0 feet; Thence North 2*36,57" East a distance of 357.61 feet; Thence South 89*47,03" East a distance of 23.98 feet to the West Rioht-of- Way Line of Talbot Road South (State Roae 515); Thence along said right of way line North 2*36157" East a distance of 51.0 feet to and the True Point of Beginning. H2.3 6118186 8G12031438 SITE VICINITY M4P As B., Il 2- 8 3 e f�ww� ww�M.w 70�t1)J000 • Iti 2 4 0-- r0 LNTL/Pf AC/J 4i f3 alwrNn.R.F.T !Dli7/O.VJ t� !/IT / wlfl /•AaYA7Y �N,GA � f, ,L,fCN CNP CO/FNCA roLivUHIN/J fD0�f0/NAJCJ (NO 'SO II'L (f!f ei,#& X10w) lOC4T/ON JTA Al (}{ /NICAJLC//ON /Mtv N/.I /7! !64. SI / sGO, Jrl. Jp IP /JJ7Jp WlJI /At7/lIYJY Ll�A N/.! � fl0 fe / GJ� JOS fl SCALE: 1' ` 50 f/J7 /i7f7P'fA7r COA N/.I 177 1'/71! ! G•GO !7I J.; j CLVJCA P7N'1 ' 00 /J 7 - CLA/lfA /f//'! O+Gb X �' 17f IJ/ JS /4J-, fm ee R 5 f CLN7lA /YN'J ,r.f'!" Jr f4dj /7fIIJ 47 /, .9 /GJ m ^ � NOTI. n .hall it tn. Cost rart..ra CLN7LA rYN •4LIar f/1- Jr Jf e! /✓7!s/701 /, 660•16J 70 .� «.I.,nr.. bill. t' Ir, Ortrr..nr tM• rlrar- r«,.rn«aa t+••rr I Ie«. prier to CINTI? !FN 'S o+ f GO' e0077J /I�IJJ 1J /, 6601JG /S ...na ru.•t ten ,na to r..apla .Ito .l a• fT'ClUA/.fK7� 0 .aI«ly r,a« r..,ut ra.,•nt A. Ter pn.er 4 PT NM RGA J/rL6 Jl /7�0/L /O /. L60, IJJ IO Q. I inr rlra ranee InfnrtYtlen Rir.n N. Mr..n ,i. - tr« o.nt r.rt..r. [eo- efr/JJ A?CN CMP rat tofu resarot ion oelT. Cl.rranrea `A7 CONNfCJ/ON [1r/e. J/ /74e///S /GGO, IOL.» +,Haan arr r.lru laced elerat roan Day.d ,`I �~'�I `' undlt ien..t ti.e of Tield our. eT / 0 C!!/.L/,✓Cf drnot direct--urt-ents. i V 0 • eOf/NC IOC.rJ/QUJ 47WLF.✓!io J 0 ;. 1 W OY!?NUA1 I e err ens +IR 41 �yM,L �� / / a' C I GA/,4rf j /JO C U .UK! \\ IO' flU.f./.�Yf\!1" CLI rtINCL -1 �• �y � t. j- J5 4.ra7m\ o I P1 rf '(J� 8 NN S ' � .tr' C!!/AI4Cl >zi• ..a• :' _ _ �'�-M'a\r-.I.- --- � -- � f a.tr ,,wr .iJ7 /AO^ CONTROL, BORING & OVERHEAD WIRE PLAN fa r l�fwL/Jtlro I/j� - / /'J-fx,rTr Le - cJ�rP i �� �7/uo Lari7f) OLOC/TpUT /AfA _ N NH+�B p v w- AQJ '4' /L I l SCALE: - 10 /r,✓GY.t'Qel far t!?!/rrL f'`r "'f- ; , �[iff�ov! ,iftlr ,e•� Lbfc� JO irNLYiTLY/T !IIf I. fONNlcriON A�.n.c>l/J [a�f / f!/IQA! .e•c2a4C � � lrrni <rIf.4JaN Jn f!/IUAC /e- / / a /fR•/.YN 0� QAA/N, LYLYA O//T i ,c f LT7NC JO �' (I / tlA �'� .sLYfJJ /.iOrf M'iDTN D/ A.Lfx'A / , � LX/J7 CJ.•lP JAtt- fibf/CilfO JD ILIP a, [Y/LL �f•- ' C0N1Vl4r7/0.V fOA LI •CINP Ac/ 5 �If O llflL LLt�f Jrtn nwr _w (JYn� _ cN F N/7N JT!/J r0.6'!A OLK7J % t LH+4){ I ,• JTIq I I �C /JT �' / 70•� !L. • if 7 I,.," fl �•, / / CONI?X70? l0 \/\ ✓!A/fY LOC•!T/ON• dI%NN -f(L NOT! JN7 J Jr�'II',ILL'LJJ.:�N JTlPJ MH+48 MH�'1 MH+4 {' • 14vC JO ar l7%7Wl J 4 d tm �If-> teal fr /-V✓f / .� .✓iIN JILPJ , ✓/ ,1-pAv 8��ZEQ2T98 MHf2 /1 / C0.42 JO /�• tl/ it�}jisA l '! r �-A!/`f0✓! .117lA .dCCffJ .leOY!' JJf/J �'� r MH+6C + -7H •�A'CP I// 'ACP If-.KYYJJ lJ7fPS !C MH+4C I,1 20' � z" noit.rrr . , /.v! -- M H + 1 -<rLrr /f• ACP Lpc�rl N� -� �il(o t friJT /TO NOTES I. All ..d..«nt •ad ul nrr ..t :n is tn« ..,.t lnC 60-Inch 42-fern CSYI' a.l.«ri -.l; bi : e-d .ed dI«Pa,«•-d .•I pa ior.U, eat u[ -meet lrM t•. the nes Intercepter 2 ra.Mrle 1 •hall be lure lyM•d .ith • rant -In -Plan« reacre to baa. ie Persil ..Intenaec• of tla. is ihr «x lot in[ 42-tern 6 rttnr rote ora la v.i it hate of roenrel len to the ne• Intercepter stste.. rannols 4C. 68 and 6C . . D« furnl.h.d .Ilh 1It11er cast - in -Mare or Prr-cast Da.es. 1. Urr . .. at t••n be n raa: Ib,t tr,m or Iw•de. al'I 1-1 and b-.lill .ith Lmnd,t.on and: nr trddin[ iaal•r- al. t• ree.I-d ter nea-p. le :up0nn,•0 plpr and atruct-s. Rr fer t0 lM yf`•GI (iG. Itesy. 5. r..ne 1« rnr. ry ahall be of in' hoe-iacain[ type. 6. Gro,.ed .a [rr I.reta Are <e..oeal. .aa.a�ia lea'el. say be .used at Elra.11- 25. fr.+ St .tloe -O'19 to 1.50. •.4 at E le..t toe 26 •lee[ the re.ai nder of the ."Cl .eat. Con- tractor •hall take Precaut toes ir• pre. -<et flot.tt- of pipe• or .annol e.. Anr .•.rage c aed bT flola[loe snap be repaired by the Coetract or •t no•add itioeal Goat to the oeeer. 7. Prior to cdancetlos bf eylst in6 d-l.. to the nh •yore., appro•al or er,eneci lobs .Dail be obt.leed fro. the O-r. 6. All ay.holea mall be fora. shed to support Y-20 fo•dt.[n- 9- The debris barrier shall be A• snoea on the P1ae• and is the special Details. except that the barrier sha 1I be fabricated to be restorable [rather loan secured. se e9ui peed .Itb Pulling!I1 f[ie6 •yes to all- reato•.1 by light co..truc-it eau ip- ti.e., 't-aboe) 1f condition• -.r,- 10. Field locate the Type 27 catch basis at CB al to alto. connection of :2-t- h RCP eAte.•tde to 42-inch RCP •ate.- .lon. Set fl•i.n e.ecu at --tie, sr,maa .•ier.0 oe. YANNOU NO. TYPE 1 APIA Type 111-96 •JCIP Base 2 APIA Type IQ 3 APIA Type y 4A APIA Type 11 48 APIA Type 11 4C APIA Type III 5 APIA Type v GA Pr-..t L'Llllty y..tt MANHOLE SCHEDULE PIPE ENOCEOL73 - FIT, DRAINS INTERIOR SIZE 96-9 144•'6 Plan 40 144-0 84 6 46-6 Plan 40 106 .l6'L tl , 1 - N�A,J ._ 68 APIA Type 1 48--6 1 t ✓✓ fr/JJ �rAOY'4' AL [<CfHCM �J- /t!r JI.Lf/NG i-f' �fX/J.'f7'Cfnv ,(9'CJ7fo� I CJr'P -,-r fzo v /OA ,vrJJOt tY 6C A^.A Tynr I i6--9 /!'ACP fYJ[.✓J/ONl I !.t•LA.'i4T/OA' CL(L ilbfr /"O•?LA /1 " f/ue J,u"p liLIHL '-C/7GVe/L✓�\Q/,{/l- I :•0-1 APaA Type Ili 84"9 _� = -I - f •.!r /A•1L,7 Wlf ifxJlT cla f,r JL( 'WTI /O IN/J J.K'L7Jt �6I'Q HN • ,w>+r - .✓,r.ay er.r4 rft�<1 SL•YP 1 RT 151 F 1 % Gil DEPTH" SIZE ELLT PLACE PIPE ELE% ELL% COVER bee 42" 1• 16.7: R 18" RCP 17.7 25.3 42- out 48- in 16. 7_ Rope 72•' In 17.50 N 18' RCP 19.6 26.0 tsl 49- Out 17.50 S. 72' RCP 17.50 75.9 (If None 72' I• 19.22 Sun. 72- Out IS-12 30- 60- I. 2009. R 1a' RCP 21.3 29.5 (%1 42" to 19.37 29.5 (S) S2- Out I9.09 42" Is 21.14 Neee 29.5 12- In 24.13 42- Out 19. 50 .cone 12" 1e 24.2_ Sose 20-5 12.. Out 24.2: None 60"- In 20.36 Noee 29.0 6D'Out 20. 36 30" GO"x42" In 2-. 64 S 16" RCP 22.9 31.1 (Nt Is In 21. 14 Nr 18" RCP 22.9 31.1 fE is, In 21.14 Ss 19' RCP --.. IT-%.El 60'" Out 21-14 51.0•29.25 Nose 18" Ih 19. 8: JO.: a8" Out 21.44 Nusr 15 1. _ -_ i5Out _, 6_ p IF" in(N) Is.- %... 24.i 16' tn,E) I!1 62 �i'.r.t• . 42 Out 1- 62 CB-1 'FO a4cr FRAME, COVER, & GRATE SCHEDULE TYPO CT aT fOUA( A'/ _ J« a017 LV/J J el)` - vt�HOt.F ^InN "(/O foraT 1.3.4A.48.5.6A 24 APIA Sid. Plan So 42 -ISI trd .mrr• 1rND VIEW -DEBRIS BARRIER2 24 ..hall... tv" Ior thin .I.b. «lett«d ., erx MANHOLE SECTIONAL PLANS •- •..I* 4C 68.6C 24". APIA Sid. Plan So 42 (78-1 24`.24` r..1 1r -1•t APSA Sid Plan - 49 FIM DESIGNED ! ,1,aAWN _CKEC ^EVISED G 3900 12 SHEET 2 ir! Do Ivor .rcice im.•s PNoro PCAN YH+68� Maltuc► Gil R1 0400 -��q- _ I }� Slide: i = 50' ..• 1+00 2+00 3+00 PLAN 4+0Q 5400 6+00 8612031438 CaVA4e(;T140kcr LEGEND c1r/" awAve4fla Jrul I-frul -let —• —row!? —Jro?n LLfwfN — • � •-rlLfP,Hav! ><. CA7CN OAJ/.V •' rowz f ?Of e to L/.VOlf6?7UNO ✓AUCr D'� rTANNOL! • -- -- O/7ff/ �D/�tfCr/ON O/ �CON'J �;�— r?oitXrr C /.Ve ./,44,0 nO vurrE vrr l�.•+�c u cr ./lcriav ,vulFeL�Fi,I.� rwe.. ..... ter. .•..r. 7T2:� tn..+ ...w. JfCT/QV frrr•.., rrru L.r.. i rr..r PIPE CLASS & BEDDING SCHEDULE PIP, L.e.tlo./sotto. pipe type •.d Cl... Beddt.c 46- O.00 to -O.0 b II c 72- 0-0 :o 2.20 61Cp II c 72- 2.20 to 2.92 Mcp III c 72- 2.92 t. 3•60 IIc► 111 ■ 72- 5.60 t. 9-20 Mcp III c 72- 6.20 t. f1M .A 60 it c 42- m . Rep ill c 42- IN . CSKPID. 064- F 12- all / 2cp III c 40".47" KH 6 cs9P/0. 109'- F Is" WE 6 RCP tit c iS- la 6 RCp Iv c IT 10 6 cswp/0.06-� F 42- ca-I _ Mcp III c 6e ..r u e aw V Ac/ is rll. c • un 7+00 8+00 9+00 10+00 11+00 MH+ 1 NOr! 01riov MH+2 LOCdT/ON L' MAAIAVVZ �/ HTGN (OCT/AGL L/NfJ Ci7l:f;f P/Pf L/G:N- /J MH+4A MH+S .'1fNT- SCf JNffJ I L OCAT! fX?T 7I" /fCP IWIaT 1! /Y.Ir! /O 70 OTN(? CLivJ1.7!/Cl/OKf i p- - ° 1[LV .rr 04!? //rf ti Uff PLAN 10? I c 40 < g e 'Velo L .1174ff dr 35 �. Ip urrww.v fcfr,�riavJ / 1 c.. ✓ � � �� p a � � �fiv cvof�rLLYf w�c� I � r h ) 30 25 n 1 +b''o rCP 20 15 l \ L/MV • /750 `r-474! LONT.T/CTOR TO f/fL0 DLruvFIMlJ _ 77'Or rfCP /NY J. QII x JU/Yr 00 /NV • /L G P R O F I L E SCALE; Horizontal 1< SO• Vertical 1'-S iL l ' /vIr• /Nv !o *1 JUff/ aoJrO J P/P! /•//NNOIfJ 1AJL///C! JUNTO?Tf0 .ff! J11mrj .f 1 7 12+00 13+00 TALBOT ROAD SQ. f MH+6A 1 1 zz 40 v5 5 ' z6 + u c�c..•1. 35 r9.2[� oea•,f O�ner- Jte Snt e 30 / l tr.Jr 6o'♦ It •25 20 CJnv frrlvJ%v 15 i1. I.Mde pipe dl..eter. .h—. 2. see seer[ 2 1— duo. —d bor1-1.1 co. tr.0 3. Se. .cned.le Inl. .Ire, }or p,pe tl.w ew .nu bedd,ee —qu t—t.. .. Y--o p's— c ver I— S1.1,o. 9.50 to St.t1w 12.16 .n.11 ..teed no......11, z Met e.cn elde or pl Pe ..II before .lop — to e.f.tlse Rr.de. S. 12-1.cb CS11P culvert o r 60-1.eb dr.1. ,e.uued a .,.,.w er. dr o.er 60-ucb pl Dr •.d .t . .lope of O.s pe reent. k.RtO • rpul red. _41A W U a a >. Q c cr W cz :7 CL E J Lu 0 =LL y1--00 c�0 Z CL = w CC > 0 �Z c a N J 0 w oa cUa 0 CC 0 c= lL ¢ F- Z 0 O . m J Q c o ' e; DESIGNED ( OAAWN Oe: ' CMECKEO ,A QEv15ED�e•t6l.a '- ri.>-.vnu.� .en,on ..n- 2 jr i SHEET 4 44 . 4's Q@ now Natiwl Title YWIM Chi WASHINGTON TITLE DIVISION Filed for Record at Request of TO THIS S►Aa K!Ar D FOR ncoro(t S vsi FORM L 32M BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That Renton Village Company of Seattle County of King State of Washington, the party of the first part. for and in consideration of the sum of One and No/100 ------------------------------------- --------------------------------------------------------------------------- Dollars lawful money of the United States of America, to them in band paid by the C i ty of Renton the part y of the second part, the receipt whereof is hereby acknowledged, doe s by these presents grant. bargain, sell and deliver unto the said party of the second part, the following described persoaal property now located at Talbot Road South and Renton Village Place in the City of Renton , County of King and State of Washington, to -wit: STORM DRAIN INTERCEPTOR Approximately 1,238 lineal feet of R.C.P., six manholes, two mitered bends and all appurtenances pertaining to said storm drain interceptor system, expressly warranting said storm drain interceptor system against any expenses, costs or liens hereto incurred thereon by, through, or under seller herein. TO HAVE AND TO HOLD the same to the said put y of the second Yzrt, i is heirs, executors. administrators and assigns forever. And said party of the first part, for i t s heirs, executors, administrators, covenant s and agree s to and with the said part y of the second part, executors, administrators and assigns, that said part y of the first part i s the owner of the said property, goods and chattels and ha r good right and full authority to sell the same, and that i t will warrant and defend the sale hereby made unto the said part y of the second part, i is executors, administrators and assigns, against all and every person or persons, whomsoever, lawfully claiming or to claim the same, IN WITNESS WHEREOF, The said part of the first part ha hereunto set and seal this 2 9 t h day of May, 1986. STATE OF WASHINGTON, sa. County of hand /(SUL) (SIAL) (STAY) SEAL) On this day peraonaily appeared before me to me known to be the individual described in and wbo executed the within and foregoing instrument ar.d acknowledged that signed the same as free and voluntary act and deed, for the uses sad purposes therein mentioned. GIVEN under my hand and official seal this day of Notary Public in and for Ike State of Washington, residinC at LA911'ri UTILITIES #1 E A S E M E N T THIS INSTRUMENT, made this ""day of June 19 86 ; by and between Renton Village Company and and , and and hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $ paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: See EXHIBIT "A" UENI-1 n a Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of constructing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, without incurring any legal obligations or 1 iabi 1 i ty therefore, provided, that such Construction, main- taining, repairing, altering or reconstruction of such utility shall be accomplished in such a manner that the prtvate improvements existing in the right right(s)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the grantor shall not erect buildings or structures over, under or across the right -of -wady during the existence of such utility. This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, Iris successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties arid that they have a good and lawful right to execute this agreement. and and arid CORPORATE FOP34: STATE OF SS COUNTY OF On this day of 1n ` before me, the undersigned, a Notary Public in and —for the State of duly commissioned arid sworn personally appeared and — to me known to be the and respectively, of the corporation that executed the fore- (loing nstrument, and ac—Tnow�le—dyed the said iris trum-.nt to be the free and voluntary act and deed of said corporation, for the uses arid purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is tFie ccorporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in armor the Suite of� residing at _ UEp1-2b E X H I B I T "A" That portion of the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, more particularly described as follows: Commencing at the intersection of the North Right -of -Way Line of S. Renton Village P1. and the West Right -of -Way Line of Talbot Road South (State Road 515); Thence North 02*36,57" East a distance of 423.61 feet to the True Point of Beginning; Thence North 08*20,53" East a distance of 10.0 feet; Thence North 89*44,02" West a distance of 50.0 feet; Thence South 8*20,53" West a distance of 10.0 feet; Thence South 2*36157" West a distance of 383.61 feet; Thence North 89*44,0211 West a distance of 819.0 feet; Thence South 0'15158" West a distance of 25.0 feet; Thence South 89*44,02" East a distance of 844.0 feet; Thence North 2'36,57" East a distance of 357.61 feet; Thence South 89'47103" East a distance of 23.98 feet to the West Right -of - Way Line of Talbot Road South (State Road 515); Thence along said right of way line North 2'36157" East a distance of 51.0 feet to and the True Point of Beginning. H2.3 6/18/86 SPEED LETTER TO: DATE: •' -� SUBJECT: /tea• � .11��� ��lar � ti / _—, r igned �)F-Nr SPEED LETTER TO: DATE: PROJECT: SC SUBJECT: Signed U 'ARCEL 5 _ T}i3t ,- rtiar� <-,; the Nortt,(:ust u.�rt� r of S,c! ion 19, Township 23 Nc.�r th, V., -1 5 East, W. , in King County, Wash i nyton, and Blocks 121, 1 ' anJ 14 C. D. Hillman's Lai lington Gardens Addition to the City of Seattle Division No. 1, according to the plat recorded in Volume 17 of Plats, page 74, in Fang County, Washington, and of vacated streets and allc.,•s, described as follows: Bcyinning at the Southeast corner of the Northwest Quarter of said Northeast (,quarter; thence South 01^04' 08" Wi .st alonq the Easterly 1.-.n,i is of the Southwest Quarter of the Ncrtheas' .iusrter a distance of 224.11_ feet; thence: South 55`03'12 East a distance of 45.44 feat to the 'T1tUi. 1)(7INT OF BEGINNING; thence i4ortt, 89`44' 03" We:st a distance of 5715.00 ftret; thence Nort-h 00°31'47" West a distance of 249.90 feet; thence South b?'44'31" fast a castanet- of 25.00 feet; thr-nce North 00031147" W4s'_ a distance of 125.00 feet to the :Jarthr-ast c(,i ner of the above 3escribed Parcel 3; the•nce alonq the North line of Parcels 1 and 3 South 89°28'13" Mti st a distance of 270.56 feet to the Northwest corner of the above described Parcel 1; thence along the Westerly and Northerly line of Parcel 1, South 01`33'19" West a distance of 40.00 feet; thence South 38046'35" West a distance of 218.88 feet; thence, 'forth 89'44'31" nest a distance of 333.74 feet to a point on tilt:Lastccrly margin of Primary State: Iii-fl-i gay No. 5, as recorded in tiighw•iy flats Volume 2, pages 186, 187 dnd 168; thence North 01c33'19" East, along said Easterly margin, a distance of 230.99 feet gore or less te; a }point on the Foutherly inaryir. of road known as black River Junction - Renton Road, as described in Auditor's File No. 2910406; thence along said road a distance of 90.78 ft.•ct_ to a point on thc. Southerly margin of Secondary State Highway No. 1-1 (Grady Wayi, (Black River Junction - Rent -on Road) as described in Auditor's File No. 2910406; thence North 77°29103" East, along said Southerly margin, a distance of 913.17 feet to a point of curve; thence continuing along said Southerly margin, on a curve to the left having a radius of 3,870.00 feet, an arc distance of 758.18 feet; thence South 01*04'08" West a distance of 839.92 feet to the North line of the South 60 feet of the North 250 feet of the Southeast Quarter of the Northeast Quarter of Section 19, as conveyed to tale City of Renton by Deed recorded under Auditor's File No. 5475310; thence North 89144'03" West a distance of 372.42 feet; thence South 01°04'08" West a distance of 54.71 feet; thence South 55`03'12" Last a distance of 9.31 feet to the TRUE POINT OF BEGINNING; EXCEPT portion deeded to the City of Renton by Deed recorded under Auditor's File No. 5475310. TOTAL AREA PARCELS 1, 2,3, 5 = 1, 308, 2G2 S.F. 30. 03 A CRES ------- — -- --- — -- - �' LEGAL DL-SCRIPTIQN �i CON 5 U LTA ' Thai portion of Block 2, Walsworth's First Addition to Renton, as recorded in Volurrr 6 of Plats, page 23, records of King County, Washington, TOGETHER WITH vacated Doro Street and vacated 81h Avenue adjoining, as vacated under Ordinances 1067• and 2850, ,., respectively, of City of Renton; and that portion of the Northeast quarter of the lJoriheast quarter and the Southeast quarter of the Northeast quarter of Section 19, Tovtnship 23 North, Range 5 East, W.M., in King County, �Ycshington, lying South of the southerly margin of Grady Way (also known as Secondary State Highway No. -L), being 100 feet in width as presently established; lying rJorlh of the northerly rnargin of South Renton Village Place (also known as Service Rood), as conveyed io the City of Renton by deed recorded under King County recording number 5475310; and lying West of the westerly margin of Talbot Road (also known as Burnett Road iExtension), as conveyed to the State of Washington by deed recorded ,.` under King County Recording Number '754046, and State Road No. 515, as condemned by decree entered in King County Superior Court Cause No. 761065; 6 RE VISIONS EXCEPT that portion thereof lying of the followina described rJa Date line: Commencing at tic- Southeast corner of the Northwest quarter of said Northeast quarter; thence southerly along the West line of the I Southeast quarter of the Northeast quarter a distance of 190 feet f, the northerly margin a. -'South Renton Village Place (also known as Service Road); thence easterly along the I northerly margin of said South Renton Village Place thence easterly along the northerly margin of said South Renton Village Place a distance of 402.42 feet to the True Poini of Beginning of the line herein described; thence North I004'08" EcLt a distance of 839.92 feet, more or less, to the southerly margin Cf Grady Way, and the terminus of said line. - APPROVALS Project Archae v r✓ I Drawn Checked i 4, AVve RENTON VILLAGE COMPANY 830 LOGAN BUILDING SEATTLE, WASHINGTON 98101 624-5810 May 16, 1986 Mr. Dick Houghton Director of Public Works City of Renton 200 Mill Avenue South Renton, WA. 98055 Dear Dick: S� RECEWEp 1� PMUC WORKS DEPT. CITY OF RENTON I very much understand the tremendous load that your department is currently carrying, but would be appreciate it if you would take a brief moment to kick loose the Bill of Sale form that we should use for the conveyance of the storm water interceptor that we built along Talbot Way several years ago. I know that you have been meaning to get to this for some time, but would like to ask that you put this note on top of the pile and dispatch this task as soon as practical. Thank you very much for your attention to this small matter. Yours very truly, ,JAM EDDY WARJO So* Venture Manager Scotch 7664 -Post-it" Routing -Request Pad ROUTING - REQUEST Please ❑ READ ❑ HANDLE ❑ APPROVE and ❑ FORWARD ❑ RETURN ❑ KEEP OR DISCARD ❑ REVIEW WITH ME Date From 204 53 'v D2' �'03' ' I I i to, I I I I\ ¢ AkD ' E I _ CO. _ N. O! 04 'O(5 00 �' i• III--- - n�m- - - -- w w rn � m m 224.l514 '_ ---' — �-- `N I --- - - - - - G) 6 r t r� 03 V' 4 W l 0 l�►t; �i i>> jj � I i I I I I 06 � m O i C3 c� — t ER L/NE 'EA SEAl ENT - A UD F/LE No. 663 7805 - D Z t /Q SA N/ 7-ARY SE WEIp 3e ' Iw pRi� N .dr \r. o u= YN $AVE Zj STAIRS t2, H 70. 00 ' • 4.97' f j 250, rt r • d • . r f . - r �. �. •'' ..r L" F.. r:J - .. G 'F' r'1 f-" �-, r'„ ul 4 �_. ti �; H n G a' ,T ,t c, , ,. ; . r.: ,• r• X r'J(', ., .� `• C !'' r• Ul f� •- 1_'1 %e (T C. INTEROFFICE MEMORANDUM DATE: April 2, 1986 TO: Dick Houghton FROM: Bob Bergstrom SUBJECT: Renton Village Request to Assume Operation and Maintenance RENTON VILLAGE STORM SEWER I have reviewed the request by Renton Village Co. I am recommending that we NOT accept this storm sewer at this time. The conditions of acceptance should be: 1. Accept 1/3 of cost of I-405 Storm Drainage upgrading jointly WSDOT, City and Renton Village funded. 2. Provide plans, bonds and schedule for upgrading of the remaining 36" undersized storm sewers in the shopping center at their cost. (Storm sewers west of Ernst and to freeway). We should have Renton Village make firm commitments via agreements or bonds on the cost participation for the freeway crossing and upgrading their own old and under -sized piping. I believe we should negotiate with them in a cooperative manner, and we can assume operation and maintenance of the complete system; but we do need from Renton Village, firm cost share commitments. :mf cc: Jack Crumley Don Monaghan RENTON VILLAGE COMPANY 15 SOUTH GRADY WAY, RENTON, WASHINGTON 98055 • (206) 228-3000 March 18, 1986 Mr. Dick Houghton Director of Public Works City of Renton 200 Mill Avenue South Renton, WA 98055 Dear Dick: RECENED llylf(� PUBUC WORKS DEPT. CITY OF RENTON CINEMA I, II & III ONE RENTON PLACE TWO RENTON PLACE SHERATON-RENTON INN EVERGREEN OFFICE BUILDING RENTON VILLAGE SHOPPING CENTER Thank you very much to responding to our request for additional advice on how respond to the broad request for a drainage proposal for our new Three Renton Place office building. As we discussed when we were with you, Renton Village is prepared to participate in the ultimate solution of the drainage problems that are resident on our site. We are willing to make a contribution to what is deemed to be in our judgment, a fair share of the cost of putting the large culvert under Interstate 405 in the Southwestern corner of our property. In our opinion, a formula which addresses our responsibility as a percentage of the total square footage of hard surface in the drainage area or an equivalent system would probably be be the fairest --a system which might be incorporated in your proposed drainage utility. Renton Village has always tried to shoulder its responsibility by providing at its own cost, a significant part of the City's ultimate build -out of the storm interceptor system. A recent investment of nearly three quarters of a million dollars in the system on the eastern boundary of our property is indicative of our interest in helping the City solve its drainage problems. Prior to doing that work, we did quite a bit of engineering work. Our studies show that the proposed pipe under I-405 if sized to handle the 1.00 year storm's flow that could flow on to our property (which includes the water which was diverted off of the 7th Avenue Interceptor on to our property) should be at D. Houghton 3/18/86 page 2 at least 72 inches in diameter. We certainly appreciate your department's support in our efforts to obtain a rezone for the sites of Two and Three Renton Place. We hope that the City will proceed soon with its administrative rezone of our area to bring our current usage into compliance. Again, thank you very much for your assistance. Yours very truly, <tts E. War3one Joint Venture Manager JEW:rj After recording, mail to: Renton Village Company 830 Logan Building Seattle, Washington 98101 Easement Agreement For and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Easement Agreement ("Agreement") is made this day of 1986, by and between Renton Village Company, a Washington general partnership ("Grantor"), and the City of Renton, a municipal corporation of King County, Washington ("Grantee"). 1. Definitions. Whenever used in this Agreement, the following terms shall have the following specified m-.z3nings: 1.1 "Drain" means that certain interceptor storm drain, including all pipes, manholes, drains, connecting drains, piles, connections, extensions and appurtenant struc- tures and other items, as further described in the attached Exhibit A, located in and under the Right -of -Way. 1.2 "Property" means the real property described in the attached Exhibit B; provided that Grantor may enlarge, diminish or otherwise change the Property at any time so long as such change does not prohibit maintenance, repair or recon- struction of the Drain as described in paragraph 3. Upon any such change, the parties shall record an amended Exhibit B which designates such change. 1.3 "Right -of -Way" means the real property described in the attached Exhibit C, or such other real property as may be substituted for the Right -of -Way pursuant to paragraph 4. 2. Grant. Grantor hereby conveys and quit claims to Grantee a nonexclusive easement to: (a) locate and maintain the Drain in and under the Right -of -Way during the Term; and (b) to enter upon the Property during the Term, at reasonable times and in a reasonable manner, if and to the extent necessary to maintain, repair or reconstruct the Drain. . �-y �Y �i Yyr� W1 its' T i ___ C'rra�r'( ✓C,'�� iirx% ? t 1 3. Maintenance. During the Term, Grantee shall maintain, repair, or reconstruct the Drain as necessary to keep it in good condition and state of repair and functioning properly for the purpose for which it was intended. Such maintenance, repair, or reconstruction shall be accomplished in a manner that does not damage or disturb any and all other property or improvements existing on or adjacent to the Property. In the event any such property or improvements are damaged or dis- turbed by such maintenance, repair, reconstruction or other acts or omissions of Grantee, Grantee shall repair, restore or replace them to as good a condition as they were immediately before the Property was entered upon by Grantee. Except in the case of emergencies, Grantee shall give Grantor reasonable advance written notice of any such entry, maintenance, repair or reconstruction. 4. Grantor's Use. Grantor reserves and shall have all rights to use and enjoy the Property and the Right -of -Way to the extent such use does not prohibit maintenance, repair or reconstruction of the Drain. Without limiting the generality of the foregoing, Grantor shall have the right to relocate the Drain; provided that (a) Grantor bears the cost of such reloca- tion, and (b) upon such relocation, the Right -of -Way shall be changed as necessary to incorporate such new location, and the parties shall record an amended Exhibit C designating the new location of the Right -of -Way. 5. Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its successors, assigns, legal repre- sentatives and venturers, and their respective directors, offi- cers, employees, agents and representatives (the "Indemnitees") from and against any and all claims, losses, harm, costs, lia- bilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with Grantee's exercise of, or failure to exercise, its rights and obligations pursuant to this Agreement. To the fullest extent permitted by applicable law, this paragraph 5 shall apply regardless of any act, omission, negligence, strict lia- bility or product liability of the Indemnitees. Without limit- ing the generality of the foregoing, Grantee assumes potential liability for actions brought by Grantee's agents, servants, employees or contractors. This paragraph 5, and any other provision of this Agreement which may reasonably be construed as surviving the expiration of the Term, shall survive the expiration of the Term. 6. Successors and Assigns. Grantee shall not assign its rights under this Agreement without the prior written consent of Grantor (which consent shall not be unreasonably withheld). Subject to the immediately preceding sentence, the rights and -2- obligations of the parties under this Agreement shall inure to the benefit of and be binding upon their respective successors and assigns. 7. Title. The rights granted by this Agreement are sub- ject to permits, licenses and easements (if any) heretofore granted by Grantor affecting the Property and the Right -of - Way. Grantor does not warrant title to the Property and the Right -of -Way and shall not be liable for defects thereto or failure thereof. 8. Term. The term of this Agreement shall commence on the date of this Agreement and shall automatically terminate when the Drain is no longer used or useful for the purpose for which it was intended. Grantor: Grantee: Renton Village Company The City of Renton By James Eddy Warjone Joint Venture Manager STATE OF WASHINGTON ) ss. COUNTY OF ) By Its On this day of , 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared James Eddy Warjone, to me known to be the Joint Venture Manager of Renton Village Company, who acknowledged the said instrument to be the free and and voluntary act and deed of said partner- ship, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires -3- STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of _ , 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of The City of Renton who acknowledged the said instrument to be the free and and volun- tary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated that he/she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 0 2 7 a s NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires -4- Exhibit A The Drain [Attach drawings or other appropriate description of drain.) -5- Exhibit B The Property [Insert legal description.] 9. Exhi hi t C The Right -of -Way [Insert legal description--15 feet left and right of a stated center line.] -7- Bill of Sale 1. Renton Village Company, a Washington general partner- ship ("RVC"), hereby sells to the City of Renton, a municipal corporation of King County, Washington ("Renton"), and Renton hereby purchases from RVC, all of RVC's right, title and interest in and to that certain interceptor storm drain, including all pipes, manholes, drains, connecting drains, piles, connections, extensions and appurtenant structures and other items as further described in the attached Exhibit A, located in and under the property described in the attached Exhibit B (the "Drain"). 2. THE DRAIN IS SOLD "AS IS," "WHERE IS" AND "WITH ALL FAULTS." RVC makes no, and Renton acknowledges that RVC has made no, representation or warranty, express or implied, of any kind, with regard to the Drain. Any description of the Drain contained in this Bill of Sale is solely for identification purposes and does not constitute any representation or warranty that the Drain conforms to such description. Renton represents and warrants that it has inspected the Drain as fully as it desires, and that it accepts the Drain in its present condition and state of repair. 3. RENTON WAIVES AND RELEASES ALL RIGHTS AND REMEDIES, AND ALL WARRANTIES AND LIABILITIES OF RVC, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFIC- IENCY, OR NONCONFORMANCE IN THE DRAIN, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH RESPECT TO QUALITY, CAPACITY, DURABILITY, RELIABILITY, SAFETY, CONDITION OR PERFORMANCE OF THE DRAIN); (B) IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR IN PART FROM RVC'S FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIA- BILITY; OR (E) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PENAL DAMAGES. 4. RVC is willing to sell the Drain to Renton only in consideration of and in reliance upon the provisions of this Bill of Sale limiting RVC's potential loss exposure (such as paragraphs 2 and 3). Such provisions constitute an essential part of the bargain underlying the sale. Date: Renton: The City of Renton By Its 11 1986. STATE OF WASHINGTON ) ss. COUNTY OF ) RVC: Renton Village Company By James Eddy Warjone Joint Venture Manager On this day of , 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared James Eddy Warjone, to me known to be the Joint Venture Manager of Renton Village Company, who acknowledged the said instrument to be the free and and voluntary act and deed of said partner- ship, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of , 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared -2- to me known to be the of The City of Renton who acknowledged the said instrument to be the free and and volun- tary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated that he/she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 0 2 7 a 5 NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: ffelm Exhibit A The Drain [Insert drawings or other appropriate description of drain; same as Exhibit A of Easement.] -4- Exhi hi t- R Location of the Drain [Insert legal description of property on which drain is located; same as Exhibit C of Easement.] -5- L P,co,., ,.,a,,. LEGAL DESCRIPTION -� S CONSULTA ? That portion of Block 2, Walsworth's First Addition to Renton, as recorded in Volume 6- of Plats, page 23, records of King County, Washington, TOGETHER WITH vacated Dora Street and vocated 81h Avenue adjoining, as vacated under Ordinances 1067• and 2850, respectively, of City of Renton; and that portion of the Northeast 4'quarter of the Northeast quarter and the Southeast quarter of the / Northeast quarter of Section 19, Township 23 North, Range 5 East, W.NI., in King County, Washington, lying South of the southerly margin of Grady Way (also known as Secondary State Highway No, I-L), being 100 feet in width as presently established; lying North of the northerly margin of South Renton Village Place (also known as Service Road), as conveyed to the City of Renton by deed recorded under King County recording number 5475310; and lying West of the westerly margin of Talbot Road (also known as Burnett Road Extension), as conveyed to the State of Washington by deed recorded under King County Recording Number 5754046, and State Road No. 515, as condemned by decree entered in King County Superior Court 5 REVISIONS Cause No. 761065; No Date' EXCEPT that Po -lion thereof lying kYest of the following described I line: ., Commencing at the Southeast corner of the Northwest quarter of said — - - Northeast quarter; thence southerly along the West line of the + Southeast quarter of the Northeast quarter a distance of 190 feet 1, li the northerly morgin o; South Renton Village Place (also known as Service Rood); thence easterly along the northerly margin of said South Renton Village Place thence easterly along the northerly margin of said South Renton Village Place a distance of 402.42 feet to the True Point of Beginning of the line herein described; thence -- — North I004'08" EcLt a distance of 839.92 feet, more or less, to the ma rgin argin of Grady Way, and the terminus of said line. — -- t APPROVALS Project Archite Drawn Checked i INTEROFFICE MEMORANDUM DATE: April 2, 1986 �1 I TO: Dick Houghton FROM: Bob Bergstrom SUBJECT: Renton Village Request to Assume Operation and Maintenance RENTON VILLAGE STORM SEWER I have reviewed the request by Renton Village Co. I am recommending that we NOT accept this storm sewer at this time. The conditions of acceptance should be: 1. Accept 1/3 of cost of I-405 Storm Drainage upgrading jointly WSDOT, City and Renton Village funded. 2. Provide plans, bonds and schedule for upgrading of the remaining 36" undersized storm sewers in the shopping center at their cost. (Storm sewers west of Ernst and to freeway). We should have Renton Village make firm commitments via agreements or bonds on the cost participation for the freeway crossing and upgrading their own old and under -sized piping. I believe we should negotiate with them in a cooperative manner, and we can assume operation and maintenance of the complete system; but we do need from Renton Village, firm cost share commitments. :mf cc: Jack Crumley Don Monaghan �r�c-vim vim' d/J 71-r(,4- 0ti 7p-letyr" S—Iebloe� ��--�M�. jN ram` GE37�' iZ✓.� /, --ram-6- l�r/� ?7y11oJe-5 /�-� kc 7,)L/C. 1-1&zP RENTON VILLAGE COMPANY 830 LOGAN BUILDING SEATTLE, WASHINGTON 98101 624-5810 1-4< 2,( f April 16, 1986 Mr. Dick Houghton Director of Public Works City of Renton 200 Mill Avenue South Renton, WA. 98055 Dear Dick: This letter supercedes our letter of April 15th on the same topic. Renton Village, in order to mitigate the drainage impacts of our proposed III Renton Place Office Building, is prepared to enter into a concomitant agreement with the City to assist in the funding of an additional storm water pipe system. This system would start on the southwest corner of our property and pass under I-405, eventually terminating in the wetlands directly South of I-405 and East of S.R. 167. We agree to provide, when actually required, between .fifty and sixty thousand dollars to be used for this project, assuming it can be accomplished within the next five years. In addition, and in order to complete the storm drainage system through our 55 acre tract, we agree to install a second 42" min.imuni diameter pipe between the recently constructed concrete system, which has its western -most manhole just North of One'Renton Place, and the open ditch on the southwestern edge of our property. We will also change the ditch cross section to match the projected increase in flow rates and volumes. Thank you very much for your support. Yours very truly, JAMS$ EDDY WARJONE ,Joint Venture Manager _b ___ - (VL4_V'_0_ IA- a-tA— RENTON VILLAGE COMPANY * m�OF °lE�y� 15 SOUTH GRADY WAY, RENTON, WASHINGTON 98055 • (206) 228-3000 CINEMA I, II & III ONE RENTON PLACE SHERATON-RENTON INN EVERGREEN OFFICE BUtLOING RENTON VILLAGE SHOPPING CENTER February 4, 1985 Mr. Richard Houghton &, Director of Public Works City of Renton City Hall 200 Mill South Renton, WA 98055 Dear Mr. Houghton: I am writing this letter to thank you and Mr. Don Monaghan for meeting with Jim Warjone, Ed Rudloff and myself on February 1st. The information we received from you concerning the normal parking lot retention requirements will enable us to pro- ceed with the design of our building. We are looking forward to working with you to improve the the drainage at the Interchange of 405 & 167 prior to the state beginning its work on the 3rd lane in this area. The owners appreciate the positive comments on the possi- bility of a workable disposition of the Renton Village Place roadway and Storm Interceptor Drainage. Very trul you s, Everett ohnson Construction Manager EJ:rj RENTON VILLAGE COMPANY January 24, 1983 Mr. Bob Bergstrom, City of Renton 200 Mli11 South Renton, Washington Dear Bob: 830 LOGAN BUILDING SEATTLE, WASHINGTON 98101 624-5810 Engineering Supervisor wi 1 /,/ v D.CkN A*. Thank you for calling last week and asking about the status of our newly completed storm interceptor on Renton Village property west of Talbot and north of Renton Village Place. As we discussed on the phone, Renton Village Company is not in a position where it can make a commitment for land owned by Puget Western and Puget Power south of 405 and east of 167. We, however, laud your interest in trying to move ahead on drainage activities which will ultimately benefit all of the occupants of the City of Renton. After some discussion among ourselves we have come to the conclusion that it would probably be best in the short term for Renton Village to accept the cost of maintenance of that sewer interceptor for at least another year. It might be mutually beneficial at some time in the future for us to transfer the ownership of the pipe to the city, along with the maintenance requirements but, at this time, we feel that it is in our best interest to leave the situation as it is now with ownership and maintenance responsibility restinn with the Renton Village Company. We look forward to your help with regards to maintaining the 48" outflow south of I-405 and hope that in the years to come you will be able to put together a drainage plan which ultimately will vent under- neath Rainier carrying water to Springbrook Creek north of I-405. Again, thank you for your interest. Yours very truly, DAMES EDDY WARD N `14/y2 Joint Venture Manager 3 4r�1jti S , QQN 4144 INTEROFFICE MEMORANDUM DATE: April 2, 1986 TO: Dick Houghton FROM: Bob Bergstrom SUBJECT: Renton Village Request to Assume Operation and Maintenance RENTON VILLAGE STORM SEWER I have reviewed the request by Renton Village Co. I am recommending that we NOT accept this storm sewer at this time. The conditions of acceptance should be: 1. Accept 1/3 of cost of I-405 Storm Drainage upgrading jointly WSDOT, City and Renton Village funded. 2. Provide plans, bonds and schedule for upgrading of the remaining 36" undersized storm sewers in the shopping center at their cost. (Storm sewers west of Ernst and to freeway). We should have Renton Village make firm commitments via agreements or bonds on the cost participation for the freeway crossing and upgrading their own old and under -sized piping. I believe we should negotiate with them in a cooperative manner, and we can assume operation and maintenance of the complete system; but we do need from Renton Village, firm cost share commitments. :mf cc: Jack Crumley Don Monaghan �s �� �" � �,�._ ,� ��� � � DATE TO: Warren Gonnason FROM: Dick Houghton For your signature. For your approval. For your information. REMARKS: Computations JOB NO. Gi�GG/�� SHEET_�OF • • PROJECT If� 4 /12 �- MADE BY G % -%'y'� DATE SUBJECT -5���� ��rRin CHECKED BY — DATE i' l/P STi2EA� S,ED/�,��A' Syf�� P iI Su•A tV r T'op off' Anti M S x 4 ' w, Ac 'T u.nP TO� C�E.v�ce.,r1 L r'rG✓1 ..J �✓°�' Cri/t�C� S�O'i MEN( GE�t1E/�.QL SECT-ipcJ — �� r� Z 1/Clvm e., 7S s L' 7Q iol e x i- : O'e, G G7 pq r *A so I I mm JJA "011 =►N1►1»:11►t 01 2326-6th Ave. Suite 244 Seattle, Washington 98121 206-682-1376 PROJECT REVIEW MEETING, INTERCEPTOR STORM DRAIN TALBOT ROAD SO./RENTON VILLAGE PLACE RENTON VILLAGE COMPANY RENTON, WASHINGTON June 17, 1982 #634001.2 INTERCEPTOR STORM DRAIN RENTON VILLAGE COMPANY OUTLINE SPECIFICATIONS - TECHNICAL General Technical specifications will follow the sectional organization of "Standard Specifications for Municipal Public Works Construction," Washington State Chapter, American Public Works Association, 1981 Edition. Major Items Item Specification/Description Pipe and Joints • 60-inch, 72-inch and miscellaneous pipes and concrete stubs: - ASTM C76 reinforced concrete pipe, classes per strength design using class "C" (minimum) bedding. Special design for pile -supported length. Alternative joints to be allowed but bell and spigot joints will likely be furnished. Rubber gasket joints to conform to ASTM C443. - Corrugated metal pipe extensions - galvanized conforming to AASHTO M36. Manholes • Circular precast manholes - to con- form to ASTM C478 and APWA Standard Specifications. • Utility vaults - manufacturers' standard sizes/designs, subject to requirements set forth by project structural engineer. • T-Top manholes - APWA Standard Plan 40 and Standard Specifications. • All manholes to be designed for H2O top loadings. • Manhole accesses, lid types, steps and miscellaneous features to be to City of Renton standards. Inlet Trash Rack • 60-inch by 42-inch arch CMP culvert - City of Renton standards. 112 Pq k Item Specification/Description Foundation and Bedding • Granular materials conforming to Materials the specifications of the soils engineer or APWA Section 61-2, as applicable. Backfill Materials • Allowable materials as set forth in the soils engineer's report to pro- vide a suitable sub -base for future construction. Flow Handling During • Specifications to require contractor Construction to submit his plans for the following operations: - Dewatering for trench and manhole excavation. - Handling of storm waters to prevent damage to construction in progress. • The specifications will set forth minimum requirements for control of erosion and sedimentation resulting from contractor operations. Timber Pile System • Piles - wood piles as specified during final design. • Pile treatment - appropriate standard, American Wood Preservers Association. • Incidental timber construction and fasteners - per project structural engineer specifications. • Pile caps/support systems - as devel- oped in final design. • Contractor to be allowed to submit an alternative pipe/pile system for consideration by the owner. Pavement Patching • Per APWA Section 54. Public Safety and • Per APWA Section 7, City of Renton, Convenience Washington State Department of Transportation (Talbot Road) and the Renton Village Company. 212 1l1 Exisf40 — ---� Oroair7 ; E�-hibif .t pr000�sec�'��rrr� ,Drair� ,�er�fon I/i�//�rqe Cornrxrr�y Computations JOB NO. G 3��`� %' = SHEET " OF � PROJECT /den �ase 4:22• MADE BY DATE SUBJECT M �` / t �' 2 CHECKED BY DATE 1 M /4 kf b� �4 ,��to, S s (S'/oe% ova 4" ""44. Cpn n'-e 4'fll �Gf1 �<s..aC� �Llif f Tiri�• ` Qr � Computations // PROJECT lfP�1422 /�RG SUBJECT IV / Je -s.- JOB NO. SHEET OF MADE BY DATE CHECKED BY DATE ii ►E V i• n n IFA w .. n M tV 9111f 3 Frame & Cover See Standard Plan No 42 x ;0 c 'z 3� --Adjustment Section O m Cone Section L-2'-n' Manhole Steps See Standard Plan No 41 6� 3'-O" Mortar Fill C= Standard Pre -cast Manhole Sections M, n �ipP Reinforcing Steel Shall be Welded at the Joint Section A -A A Reinforced Concrete Pipe'Po --- ------------------------------- Fabricated Graft 0 n i i A DO NOT SCALE NOTE Additional Reinforcing and/or Special Bedding shall be as Specified STANDARD PLAN N0.40 Riser Diameter may be 48" for pipe sires 48" and larger. Type V Manhole Revised 1977 Computations _ JOB NO. lI52 D09 SHEET OF--Z_ PRCJECT ��n ��y�<< <�' MADE BY G , DATE 7 SUBJECT 4r 14le'rf CHECKED BY DATE r� y ►d v I/ n n Me n r 1L- / Svr�"f �• - Fin. Crum/r Liu rSs 0 ` s `p � G�eu i ` - i I d� ••� x � p 2•S � i�'`�X S��/m Er f Svc /� Se- / X. /0 f W 89.440.2 W 819.000 XEC D HD=819.W+ N6=9,A?A.R2-58 E6=9,113.5W 8.155R XE9 S 011=7 3. 8990 RUw 6 R.J558 w 25.Ai@O KEP L H11=25. @049 H7=9-95.22;,'i F7=9,10.3857 89.44K YEO 6 P.D=" 2. 089A PLO! S P;..;Q2 F aa,9 7 7 a 2.3657 YU 71 1. A800 PUN 4 A .8.61@A vEf. D E9=9,976.0251 Computations PROJECT ?C e*'i �at G Cr SUBJECT IVI I-'l �' J JOB NO. MADE BY CHECKED BY SHEETOF DATE -T F DI_r0a r c 0 57/ MN G , V � s _ Computations�JOB NO. SHEET oF� PROJECT �Pn/i MADE BY DATE— ti SUBJECT Al� -z' 4�: CHECKED BY DATE .40 T Ale 1 We wL /c . 7 �r ICI �/wS��.► 1�Yf1 /P ,• mot!/2 "" �itlri> L GQ.o in �c/S�°� f i� /e ho ,l'ca s / 6e ff /D C1:2 <ce- a .W-7 a.-, 1io�< -7117 e ,4 /G G jr d rice--, AVpY el - vs�•� J 4i i'i Ccv lt� cr a � 1 e, • i i. 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NM li ti= c tj 1iYi F'0 .._ �L Y lk EW N11=18,988.8999 A8=? ink N 8.2653 f . re: ease �� n Geo-Lino Instrument and Supply Co., Inc. 11818 NE 8th St., Bellevue, WA 98005 Bellevue • (206) 454-0141 Washington Toll Free • 1 (800) 523-6408 � s 5- survey/measuring instruments - engineering supplies sales - service - lease - rentals s� ^-1 z3,yr 36 i y�( I f 1 �' ,y ■ 4 ?OP SO.5 70P 28.7 TOP 30. 5 Cg INVT /2"" ►NEST 27.2 TOP 29. 3 C8 /NV7- /2" /VOR7"/H 25.5 INVT 23. 8 IN I/7 6 " EAST 274 //V l/T 22. 2 - 11VVT 6" EAS7 26.j TOIL 217.4 _ TO)':' 28.7 TOP 29.0 I2 ".0 - SCALE I'� 40' INVT-SOUTH 26/NVT /2" SOUTHWEST 24.8 /NVT 2/.9 INVT 12 EAST 26.0 \ TOP 29.5 ❑ SL PB L P CONCRETE SIDEW,4Lf-� INVT 21.2 (PL,,q - 32 - - _ � gym- _-_- ` _ _ - 6.70S 08°2 _ 0 53 o TOP 30.o ��1 DPP- - INVT )8" NORTH 0 SOU7H 20. 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THE SITE IS SHOWN AS SURVEYED ON FEBRUARY 1986. 2.UTILITY LOCATIONS AND ELEVATIONS WERE TAKEN FROM AS -BUILT PLANS AND VERIFIED IN THE FIELD WHEN PRACTICAL. 3. TOPOGRAPHY INFORMATION SOUTH OF SECTION A A, TAKEN FEOM II RENTON PLACE DESIGN DRAVING. SITE CURRENTLY UNDER CONSTRUCTION. 4. PROPERTY SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 5t CITY OF RENTON VERTICAL DATUM REUSE OF DOCUMENTS VERIFY SCALES THIS DOCUMENT, AND THE IDEAS AND DESIGNS INCOR- BAR IS ONE INCH ON PORATED HEREIN, AS AN INSTRUMENT OF PROFESSIONAL ORIGINAL DRAWING. SERVICE, IS THE PROPERTY OF CH2M HILL AND IS NOT TO BE 0 1" USED, IN WHOLE OR iN PART, FOR ANY OTHER PROJECT IF NOT ONE INCH ON WITHOUT THE WRITTEN AUTHORIZATION OF CH2M HILL. THIS SHEET, ADJUST BY APVD %CH21VII HILL SCALES ACCORDINGLY. (EASEMENT AUDITOR FILE 8511040582 PARCEL A 8 B ma '°36'5 4 4.11' 6 -TOP 29.2 INVT 15'NORTH 25.5 INVT /2'SOUTH 25: 7 INVT /2"50UTHWeS7_ 25.6 -TOP 29.5 INVT /8 NORTH 2/.6 INVT 18""EAST 20.5 -TOP 27. 3 INVT /2 NORTHWEST 25.4 TOP 28.0 INVT 12" EAST 25.4 INVT 12" WEST 26._\"'1// /NVT 42 " 21.3 rm-' w I �D LEGEND 1 ❑ CB CATCH BASIN © WATER METER 1 O NH MAN HOLE 0 T " -0-pp POWER POLE ❑ PV/ TV POWER VAULT / TELEPHONE VAULT � TOP 30.:3 - INVT 18. 6 Q LP LIGHT POST FH FIRE HYDRANT D4 WATER VALVE INVT INVERT ❑ SLPB STREET LIGHT POWER BOX PROPERTY LINE -- - - - EASEMENT LINE - -- EXISTING CONTOUR X EXISTING FENCE D 1980 THREE RENTON PLACE TOPOGRAPHY SHEET DWG NO. r DATE FEB. 86 N O . PROJ S 20866. A4 A Mm C D