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HomeMy WebLinkAboutSWP272850 (3)After recording return to: CITY CLERK'S OFFICE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 20070317000333 CITY OF RENTON EAS 47.00 PAGE001 OF 016 01/17/2007 09:56 KING COUNTY, WA Title: UTILITIES EASEMENT I Property Tax Parcel Number: 2296500200 Project File#: SWP-27-2850 I Street Intersection or Protect Name: N26th St/ Park PL N Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): 1. SI VI, LLC Grantee(s): 1. City of Renton, a Municipal Corporation Additional legal is on page _ of document (Exhibit A). ABBREVIATED LEGAL DESCRIPTION: A utility easement over a portion of the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. See Exhibit A for complete legal description. EXCISE TAX NOT REQUIRED IQ�r Co. Re ords Division Deputy UTILITIES EASEMENT - 1 HAFile Sys\SWP... \\27-2850... \1001 Corrspd... \ 061102a FINAL-ESMT-DWC.DOC EASEMENT SI VI, LLC ("Grantor"), for and in consideration of mutual benefits, grants to City of Renton, a Washington municipal corporation, ("Grantee"), its successors and assigns, for the purposes hereinafter set forth, an easement ("Easement") for public utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described real property (the "Right-of-way" herein) situated in King County, Washington. See Exhibit A for complete legal description, Exhibit B for a drawing of the Easement, and Exhibit C for Restoration Areas. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging,, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, all as specified in the plans on file with the City of Renton under file number SWP-27-2850, known as the N 26th St / Park PL N Storm System Project Plans, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law. Following the initial construction of its facilities, Grantee may from time to time, upon prior written notice to Grantor, construct such additional utility facilities as it may require within the Right-of-way, provided that such additional facilities do not impact the Grantor's use and operation of the apartment complex known as the Bella Vista Apartments, located at 2100 Lake Washington Blvd, North., Renton, Washington (the "Apartment Complex") and provided further that a Temporary Construction Easement would also be required prior to construction of any additional facilities. This Easement is granted subject to the following conditions: 1. The Grantee shall: (a) Upon completion of any work within the Right -of -Way, restore all landscaping, all paved surfaces (including, but not limited to, repair of damaged asphalt, slurry sealing and re -striping), and any private improvements disturbed or destroyed during execution of the work to the condition they were in immediately before commencement of the work or entry by the Grantee. (b) Upon completion of work in the Right-of-way each day, provide a temporary asphalt patch, or steel plates, for the portion of the Right-of- way area that is located in Grantor's parking lot and replace such temporary patch with a permanent patch upon completion of all work in the Right-of-way. (c) In Area A, shown on Exhibit C, the Grantee may remove existing landscaping and trees as needed for project construction. The Grantee shall avoid removing trees on the slope, unless needed for UTILITIES EASEMENT - 2 H:\File Sys\S"...\\27-2850... \1001 Corrspd... \ 061102a FINAL-ESMT-DWC.DOC construction. It is acknowledged that the Grantee will probably need to remove the trees lettered A, B, C, and D on Exhibit C. The Grantee will leave the landscaped area with a smooth raked surface, approximately 3 inches lower than the surrounding ground, for topsoil and landscaping by the Grantor. After construction is completed the Grantor shall perform landscaping restoration in Area A. The Grantee shall pay the Grantor's $7,500 for all landscaping restoration costs, concurrent herewith. In Area B, shown on Exhibit C, the Grantee shall avoid removing any trees on the slope, unless needed for construction. The aboveground storm pipe will be placed around trees wherever possible. In Areas A and B the Grantee shall pay the Grantor's $1,000 per tree for each tree damaged or removed, in addition to the $7,500 for landscaping restoration. For payment purposes a tree is defined as a living woody plant having a trunk 3 inches or greater in diameter measured 4 feet above ground. Payment for trees damaged or removed in Areas A and B shall be within ten (10) days of the Grantor's request. In Area C, shown on Exhibit C, the Grantee shall avoid removing any trees on the slope, unless needed for construction. The aboveground storm pipe will be placed around trees whenever possible. It is acknowledged that trees will be removed at the top of the slope where the new storm pipe is installed below ground. There is no payment for any trees damaged or removed in Area C. The Grantee will restore any disturbed areas in Area B and C with a grass seed mix. The Grantor may replant shrubs and trees in Areas A, B, and C. The Grantor shall not place any new trees within 5 feet of the buried storm pipe, within 5 feet of the aboveground storm pipe from the base of the slope to 5 feet past the slip joint (about 7 feet east of tree D), and within 3 feet of the remaining aboveground storm pipe. (d) Take over ownership of the combined storm sewer system located in the Right-of-way ("Storm Sewer System"). The combined Storm Sewer System is defined as the existing storm system on the Grantor's property that carries stormwater from both the City's new storm connection and the Apartment Complex. The combined Storm Sewer System includes the pipes and catch basins that the City connects to starting at CB-6, and running through the apartment complex to CB- 22, CB-23, CB-25, CB-26, the bio-Swale, and the outlet pipes from the UTILITIES EASEMENT - 3 H:\File Sys\SWP... \\27-2850... \1001 Corrspd... \ 061102a FINAL-ESMT-DWC.DOC bio-swale to the property line, all as depicted on Exhibit B, attached hereto. Grantee shall pay Grantor the sum of $20,000 for conveyance of the existing Storm Sewer System, which conveyance shall be by separate bill of sale. (e) Henceforth be responsible for any damages resulting from flooding if the Storm Sewer System overflows. This obligation shall be limited to damage caused by storms up to the 100-year event, as identified in the 1990 King County Surface Water Design Manual. (f) Henceforth be responsible for any damages to and repair of the Storm Sewer System. (g) The City shall inspect the Storm Sewer System before the Easement is executed, or within sixty (60) days of execution. If the City determines that the Storm Sewer System needs to be cleaned based on City maintenance standards it shall clean the system either before, or within sixty (60) after, the new storm system project is constructed. (h) Henceforth be responsible for all inspection, cleaning, maintenance, repair and future replacement of the Storm Sewer System. (i) Pay for all of Grantor's costs associated with this Easement, including legal fees, lender processing fees and costs, design review by a civil engineer, and surveying these easements (if needed) in the amount not to exceed $12,000. The Grantor shall submit bills or invoices for all costs to the Grantee. The Grantee shall reimburse the Grantor within 10 days after each invoice is submitted. 0) Pay the Grantor the sum of $7,000 for this Easement. (k) Pay all recording costs associated with this Easement. (1) The Grantor shall maintain ownership, maintenance responsibility, and responsibility for damages for any remaining portions of the storm system located outside of the Right-of-way, except to the extent that damages result from flows from the Storm Sewer System. The remaining portions include, but are not limited to, all drain lines from the Apartment Complex buildings and grounds that connect to the combined Storm Sewer System, all catch basins serving the Apartment Complex and parking lots that connect to the combined Storm Sewer System, the Private Storm Sewer System from CB-1 to where it UTILITIES EASEMENT - 4 H:\File Sys\SWP... \\27-2850... \1001 Corrspd--- \ 061102a FINAL-ESMT-DWC.DOC connects to CB-22, and the Private Storm Sewer System from CB-24 to where it connects to CB-25, as depicted on Exhibit B, attached hereto. 2. Grantor shall retain the right to use the surface of the Right-of-way area as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: (a) Erect or maintain any buildings or permanent structures within the Right-of-way; or (b) Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the Right-of-way by the Grantee; or (c) Develop, landscape, or beautify the Right-of-way area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. (d) Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's utility facilities on the Right-of-way, or endanger the lateral support facilities, except to the extent necessary in connection with repair, maintenance or replacement of the Grantee's storm sewer system which connects to the Storm Sewer System. (e) Blast within fifteen (15) feet of the Right-of-way. 3. Grantor retains the right to rebuild or relocate the combined Storm Sewer System as needed for its use of the real property owned by Grantor subject to the following conditions: The Grantor shall: (a) Be responsible for all costs needed to rebuild or relocate the system. (b) Be responsible for complying with all applicable regulations and permits. (c) Reconnect all storm systems that the City connected to the combined Storm Sewer System. (d) Shall submit the plans to the City for review and approval. UTILITIES EASEMENT - 5 H:\File Sys\SWP... \\27-2850... \1001 Corrspd... \ 061102a FINAL-ESMT-DWC.DOC (e) Shall revise the plans as reasonably required by the City. (f) Shall execute a new Utility Easement for the rebuilt or relocated combined Storm Sewer System, subject to City review and approval. 4. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including property damage and personal injury, including death and including court costs and reasonable attorney's fees, whether or not a lawsuit is instituted, asserted against or incurred by Grantor that arise directly or indirectly from the acts or omissions of Grantee or its employees, contractors, agents, tenants, invitees, or licensees, in the use of the Easement and the use and occupancy of the Right-of-way area and in any other exercise of Grantee's rights hereunder, and including to the full extent permitted by RCW 4.24.115, to the extent the same is applicable, any such liability, loss, damage, expense, action or claim arising directly or indirectly from the concurrent negligence of Grantor or its employees, contractors, agents, tenants, invitees or licensees. Notwithstanding the foregoing, this paragraph shall not apply to any liability, loss, damage, expense, action or claim, including court costs and reasonable attorney's fees, caused by or resulting solely from the gross negligence or willful misconduct of Grantor or its employees, agents, contractors, tenants, invitees or licensees. 5. In the event of a breach of any of the covenants or agreements set forth in this Easement Agreement, the parties shall be entitled to any and all remedies available at law or in equity, including but not limited to the equitable remedies of specific performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of any party to comply with the terms, covenants, agreements and/or conditions of this Easement Agreement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees incurred in the action, including on appeal. In addition, if Grantee fails to maintain or operate the Storm Sewer System or the Right-of-way in the condition required hereunder, and if such failure is not cured (or Grantee has not commenced to cure and diligently prosecuted the cure to completion) within thirty (30) days after notice of such failure is given by Grantor to Grantee, then Grantor may, at its option, cause such areas to be maintained or operated in the condition required and Grantee shall promptly reimburse Grantor for all costs incurred by Grantor in performance of Grantee's obligations. Grantee shall at all times exercise its rights herein in compliance with all of the requirements of (1) all laws, statutes, ordinances, rules and regulations now or hereafter made by any governmental authority having jurisdiction over the Right-of-way area or any use thereof, as those laws, statutes, orders, rules and regulations are from time to time amended, and (2) all covenants, conditions and restrictions of record, if any, applicable to the Right-of- way area. UTILITIES EASEMENT - 6 H:\File Sys\SWP... \\27-2850... \1001 Corrspd...\ 061102a FINAL-ESMT-DWC.DOC Grantee hereby accepts the Right-of-way area "AS IS" as it presently exists, and understands and agrees that Grantor has made no representations or warranty with respect to the title or condition of the Right-of-way area, or the suitability or fitness of same for any particular purpose. This Easement shall run with the land described herein, and shall be binding upon the parties, their successors in interest and assigns. Grantor covenants that it is the lawful owner of the Right-of-way area and that it has a good and lawful right to execute this agreement. IN WITNESSUAWEREOF, said Grantor and Grantee have caused this instrument to be executed on this day of G eajzC. , -.a-00 & SI VI, LLC, a California limited liability company By: Sobrato Interests III, a California Limited Partnership Its: Sole Member By: ThNohn Michael Sobrato 1985 Separate Property gust, Amended Its: Gener Ra r By: John Its: Trustee THE CITY OF RENTON Its: Kathy KeG4ker Mayor UTILITIES EASEMENT - 7 H:\File Sys\SWP...\\27-2850... \1001 Corrspd... \ 061102a FINAL-ESMT-DWC.DOC brato STATE OF ) ss. COUNTY OF I certify that I know or have satisfactory evidence that John Michael Sobrato is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the John Michael Sobrato 1985 Separate Property Trust, as amended, the general partner of Sobrato Interests III, a California Limited Partnership, the sole member of SI VI, LLC, a California Limited Partnership to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of Notary Public in and for the State of residing at My appointment expires: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that k o A y Ke Ul kifr is the person who appeared before me, and who signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the r of THE CITY OF RENTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �,d Dated this A day of NUG!/em&r' , a'706 . Notary Public in and for the State of Washington, residing at x4A' y� My appointment expires: a - - 40/0 UTILITIES EASEMENT - 8 H:\File Sys\SWP... \\27-2850... \1001 Corrspd... 1061102a FINAL-ESMT-DWC.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On before me, ?*HfVLU5 Date w Name and Title of fficer e. � � ! / ( g.. "Jane Doe, Notary Public") personally appeared ma-4-a' Name(s) of Signer(s) >0personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s� whose nam* iwsubscribed to the within instrument and acknowledge tto me that helIaHeftheq executed the same in hisffter/tlTeirauthorized capacity(iW ffin ; VAMWASA0 and that by his/t heir signatureNOon the instrument the omn**V1#t I&U710 .,� N0kXYput*C -c personWor the entity upon behalf of which the person( Sara CUa cou►W acted, executed the instrument. NNcoamf gpkw mar 19. WITNESS my hand and official seal. S n -re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Desc " tioi of Attached Document Title or Type o ocument: Document Date: ber of Pages: Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signers Signer's Name: Z Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee Guardian or Cons Other: Representing: ❑ Ge RIGHT THUMBPRINT OF SIGNER t ❑ El El 11 er's Name: Corporate 13cer Title(s): Partner — ❑ Limite Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: General 0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONSENT OF LENDER TO EASEMENT The undersigned, FANNIE MAE, is the current holder of a loan secured by a lien against the property commonly known as Bella Vista Apartments located at N. 261h Street, Renton, Washington as evidenced by that certain Deed of Trust and Security Agreement dated recorded April 25, 2002 under Clerk's File No. 20020425000387 in the Official Records of Real Property of King County, Washington. Lender consents to foregoing easement and declares that if Lender (or any other party) shall take title to the property through foreclosure or deed in lieu thereof, Lender or such party will not disturb the Easement and will recognize and agree to be bound by the Easement (but shall not be bound to perform any covenant or pay any charge described therein arising prior to the date it acquires title to the property). FANNIE MAE By: Prudential.As e esources Inc. Its: DU 'ender/Se ccr By: Name: 0 — 1. T Ax ,-.I I Title: Asst. Viee Presideit STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on thelth day of 2006, by Sc,,j W. !'1c Uo�c,� , an Rss - V ce fr--as%S--. of Prudential Asset Resources, as DUS Lender/Servicer for FANNIE MAE. Inc: , Notary Public, State of Texas [SEAL] ffi,gBARBARA L. DYERNOTARY PIIBtJC STATE OF TEXAS COMMISSION EXPIRES: JUr E 13, 2007 EXHIBIT A Legal Description A utility easement over the following described parcel: That portion of Government Lot 2, Section 5, Township 23 North, Range 5 East, W.M., King County, Washington, lying easterly of Lake Washington Boulevard; EXCEPT that portion platted as Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in Records of King County, Washington; ALSO EXCEPT any portion thereof lying southerly and easterly of those common boundary lines as established under King County Recording Number 8509110605; TOGETHER WITH that portion of vacated Southeast 100d' Street (formerly known as Mildred Avenue) adjoining or abutting thereon, which upon vacation attached to said premises by operation of law; ALSO TOGETHER WITH that portion of vacated Pelly Place North (formerly known as 102"d Place Southeast and platted as Garrison Avenue) adjoining or abutting thereon, which upon vacation attached to said premises by operation of law as provided by City of Renton Vacation Ordinance No. 3447, recorded under King County Recording Number 8010060646; Said utility easement more particularly described as follows: Beginning at the Southwest Corner of Lot 27, Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in Records of King County; Thence northwesterly to a point on the westerly boundary line of said lot, a distance of 3.97 feet; Thence North 51 ° 12'22" West, a distance of 48.41 feet; Thence South 38' 08'34" West, a distance of 15.00 feet, to a point approximately 11 feet westerly of CB-6 per Tamaron Pointe's Grading and Drainage As -Built Plan Sheets C-6 through C-10 and as identified in the City of Renton plan files TED-40-2800; Thence South 51' 1 F50" East, a distance of 56.53 feet; Thence South 89' 20' 15" East, a distance of 177.44 feet, to a point on the east line of the above described parcel, said point being 11.15 feet southerly as measured along said east line of said parcel from the Southeast Corner of Lot 27; Thence northerly along said east line to said Southeast Corner; Thence westerly along the southerly boundary line of said Lot 27, to the southwest corner thereof and the point of beginning; TOGETHER WITH a 15.00 feet strip of land, said strip having 7.5 feet on each side of the following described centerline: Beginning at the center of CB-6 per said Tamaron Pointe's Grading and Drainage As - Built Plan Sheets; Thence northwesterly along the storm system centerline, a distance of 100 feet, to the center of CB-7; Thence northwesterly, a distance of 192 feet, to the center of CB-8; Thence northwesterly, a distance of 45 feet, to the center of CB-9; Thence southwesterly, a distance of 80 feet, to the center of CB-10; Thence southwesterly, a distance of 45 feet, to the center of CB-11; Thence southeasterly, a distance of 52 feet, to the center of CB-12; Thence southwesterly, a distance of 65 feet, to the center of CB-13; Thence southeasterly, a distance of 51 feet, to the center of CB-14; Thence southeasterly, a distance of 85 feet, to the center of CB-15; Thence southeasterly, a distance of 123 feet, to the center of CB-16; Thence southeasterly, a distance of 220 feet, to the center of CB-17; Thence southeasterly, a distance of 76 feet, to the center of CB-18; Thence southeasterly, a distance of 96 feet, to the center of CB-19; Thence southeasterly, a distance of 49 feet, to the center of CB-20; Thence southeasterly, a distance of 88 feet, to the center of CB-21; Thence southeasterly, a distance of 78 feet, to the center of CB-22; Thence southeasterly, a distance of 154 feet, to the center of CB-23; Thence southeasterly, a distance of 65 feet, to the center of CB-25; Thence southwesterly, a distance of 88 feet, to the center of CB-26; Thence continuing southwesterly, a distance of 11 feet, to the westerly property line; TOGETHER WITH the westerly 27 feet of the above described parcel, as measured at right angles to the westerly property line, lying southerly of the above described centerline. All situate in the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. EXHIBIT 1of3 0' 100' EASEMENTS - Belle Vista Apts I I N 26TH ST / PARK PL N Scale: 1' = 100' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/27/06 0' 100' I I Scale: 1' = 100' EXHIBIT B 2 of 3 EASEMENTS - Belle Vista Apts N 26TH ST / PARK PL N STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/27/06 EXHIBIT B 3of3 o' 100' EASEMENTS - Belle Vista Apts I N 26TH ST / PARK PL N Scale 1' = 100' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/27/06 EXHIBIT C - Restoration Areas 1 of 1 o' 20' EASEMENTS - Belle Vista Apts I I N 26TH ST / PARK PL N Scale 1" = 20' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/16/06 Return Address. - City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 Ii�NIVI�u11111111�11�19111RIV�l�nl�l 20070117000334 KING COUNTY, WA BILL OF SALE Proj Name: Tamaron Pointe Property Tax Parcel Number: 2296500200 current name Belle Vista Apartments) Project File #:TED40-2800 Street Intersection: Lake Wash. Blvd Address: 2100 Lake Wash. Blvd. Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. SI VI, LLC 1. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following described personal property: WATER SYSTEM: Length Size Type L.F. of Water Main L.F. of Water Main each of Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type L.F. of Sewer Main L.F. of Sewer Main each of Diameter Manholes each of Diameter Manholes each of Lift Stations STORM DRAINAGE SYSTEM: Length Size Type CB-6 thru CB-22, 100, L.F. of 12" CPEP Storm Main thru CB-23, -25, -26, 479' L.F. of 15" CPEP Storm Main and the Bioswale. 1085' L.F. of 18" CPEP Storm Main 119, L.F. of 24" CPEP Storm Main 28' L.F. of 24" DI Storm Main 16 each of Type 1 Storm Catch Basin 4 each of Type 2 Storm Catch Basin —155' L.F. of —18' wide Bioswale STREET IMPROVMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk L.F. Asphalt Pavement: SY or L. F. of Width STREET LIGHTING: # of Poles By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT-General- Sobrato\061102d FINAL-Revised-BillofSale.DOC\CoR Page I IN WI WHEREOF said Grantor and Grantee have caused this instrument to be executed on this day of IQG-191 �'�.. , -L-'Dr-o G SI VI, LLC, a California limited liability company By: Sobrato Interests III, a California Limited Partnership Its: Sole Member By: John Michael Sobrato 1985 Separate Property Trust, A Amended Its: Gene I Pa Lo Its: Trustee THE CITY OF RENTON By: t4 Its: Kathy eolker Mayor STATE OF ss. COUNTY OF ) I certify that I know or have satisfactory evidence that John Michael Sobrato is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the John Michael Sobrato 1985 Separate Property Trust, as amended, the general partner of Sobrato Interests III, a California Limited Partnership, the sole member of SI VI, LLC, a California Limited Partnership to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , Notary Public in and for the State of residing at My appointment expires: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT-General- Sobrato\061102d FINAL-Revised-BillofSale.DOC\CoR Page 2 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) '1 I certify that I know or have satisfactory evidence that Kci A y kcol k2r is the person who appeared before me, and who signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF RENTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this ,2Vd day of NO V emb e r , AOyro. Notary Public in and for the State�1/ of Washington, residing at My appointment expires: a2 - HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT-General- Sobrato\061102d FINAL-Revised-BillotSale.DOC\CoR Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Countyof On �0 eC�ea -� o� before me, � w.t SArW Date ,, d Name an Tit e of Officer (e.g.. "Jane'Doe, Notary Pub c") personally appeared A_V � �c>�AEL Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personywhose nameFe-subscribed to the within instrument and owled e to m ac He th h executed the �me inks reMtyeir authorized capacity( and that by�ierktretr signature( n the instrument the PHYIItSyAnMSA1p person", r the entity upon behalf of which the person Comm # 1554710 acted, executed the instrument. NotXy Pwft - Cworft sardo Coro corurty I-OlMy ConYM_EVkft Mar 19. WITNESS my d official s Sig atu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docum and could prevent fraudulent removal and reattachment of this form to another document. Descri ' n of Attached Document Title or Type of Do ment: Document Date: Number of Pages: Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signer Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ G ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservat ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .. of thumb here idual ❑ Co-rwrate Officer Title(s): ❑ Partner — in' ElAttorney-in-Fac ❑ Trustee ❑ Guardian or Con ❑ Other: Signer Is Representing: ❑ General 0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 c 1 G i 71 9-19 0 8 CITY OF RENTON Public Works Department Denis Law, Mayor Gregg Zimmerman P.E., Administrator September 19, 2008 Wesley Gardner Sobrato Development Companies 10600 North De Anza Blvd, Suite 200 Cupertino, CA 95014-2075 SUBJECT: PAYMENT FOR REMOVING TREES, BELLE VISTA APARTMENT COMPLEX, N 26TH ST / PARK PL N STORM SYSTEM PROJECT Dear Mr. Gardner: As you may remember, the easement for the storm system project required the City to pay $1000 for any trees removed for construction in areas A and B (see attached easement condition 1.c. and Exhibit C). We anticipated removing two trees to install the new storm line up the slope. During the winter of 2006-2007, there were severe storms in this area. It appears that tree A and tree D were damaged by the storms. Tree A seems to have had it's top snapped off, and the upper section was probably removed by the Bella Vista maintenance crew. Tree D fell over and is leaning on other trees in the area (see attached photos dated 6/7/06 and 9/20/07). The City was able to install the new storm pipe up the slope without removing any trees in that area, as shown in photo dated 8/26/08. Therefore, no further payment for the easement is need. If you have any questions, please call me at 425-430-7293, or by email at Dcarey@ci.renton.wa.us. Sincerely, —D,-�,P Daniel Carey, P.Ir Surface Water Utility Engineer Enclosures cc: Ron Straka, Surface Water Utility Supervisor Diane Hayes, Bella Vista Apt. Manager, 2100 Lake Washington Blvd N, Renton, WA 98056 Becky Derby, Holland Residential, 1225 Dexter Ave N, Seattle, WA 98109 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT- ;rte���"--�-. Sobrato\080919 doc y BeIIV-Tree-Pament.\DCtp - - --- IEN 1-, U N 1055 South Grady Way - Renton, Washington 98057 EASEMENT SI VI, LLC ("Grantor"), for and in consideration of mutual benefits, grants to City of Renton, a Washington municipal corporation, ("Grantee"), its successors and assigns, for the purposes hereinafter set forth; an easement ("Easement") for public utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described real property (the "Right-of-way" herein) situated in King County, Washington. See Exhibit A for complete legal description, Exhibit B for a drawing of the Easement, and Exhibit C for Restoration Areas. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging,, operating and maintaining utilities and utility pipelines, including, but riot limited to, water, sewer and storm drainage lines, all as specified in the plans on file with the City of Renton under file number SWP-27-2850, known as the N 26th St / Park PL N Storm System Project Plans, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law. Following the initial construction of its facilities, Grantee may from time to time, upon prior written notice to Grantor, construct such additional utility facilities as it may require within the Right-of-way, provided that such additional facilities do not impact the Grantor's use and operation of the apartment complex known as the Bella Vista Apartments, located at 2100 Lake Washington Blvd, North., Renton, Washington (the "Apartment Complex") and provided further that a Temporary Construction Easement would also be required prior to construction of any additional facilities. This Easement is granted subject to the following conditions: I . The Grantee shall: (a) Upon completion of any work within the Right -of -Way, restore all landscaping, all paved surfaces (including, but not limited to, repair of damaged asphalt, slurry sealing and re -striping), and any private improvements disturbed or destroyed during execution of the work to the condition they were in immediately before commencement of the work or entry by the Grantee. (b) Upon completion of work in the Right-of-way each day, provide a temporary asphalt patch, or steel plates, for the portion of the Right-of- way area that is located in Grantor's parking lot and replace such temporary patch with a permanent patch upon completion of all work in the Right-of-way. (c) In Area A, shown on Exhibit C, the Grantee may remove existing landscaping and trees as needed for project construction. The Grantee shall avoid removing trees on the slope. unless needed for UTILITIES EASEMENT - 2 H:\File S}°s\SWP... \\27-2850... \1001 Corrspd... \ 061102a FINAL, ESMT-DWC.DOC construction. It is acknowledged that the Grantee will probably need to remove the trees lettered A, B, C, and D on Exhibit C. The Grantee will leave the landscaped area with a smooth raked surface, approximately 3 inches lower than the surrounding ground, for topsoil and landscaping by the Grantor. After construction is completed the Grantor shall perform landscaping restoration in Area A. The Grantee shall pay the Grantor's $7,500 for all landscaping restoration costs, concurrent herewith. In Area B, shown on Exhibit C, the Grantee shall avoid removing any trees on the slope, unless needed for construction. The aboveground storm pipe will be placed around trees wherever possible. In Areas A and B the Grantee shall pay the Grantor's $1,000 per tree for each tree damaged or removed, in addition to the $7,500 for landscaping restoration. For payment purposes a tree is defined as a living woody plant having a trunk 3 inches or greater in diameter measured 4 feet above ground. Payment for trees damaged or removed in Areas A and B shall be within ten (10) days of the Grantor's request. In Area C, shown on Exhibit C, the Grantee shall avoid removing any trees on the slope, unless needed for construction. The aboveground storm pipe will be placed around trees whenever possible. It is acknowledged that trees will be removed at the top of the slope where the new storm pipe is installed below ground. There is no payment for any trees damaged or removed in Area C. The Grantee will restore any disturbed areas in Area B and C with a grass seed mix. The Grantor may replant shrubs and trees in Areas A, B, and C. The Grantor shall not place any new trees within 5 feet of the buried storm pipe, within 5 feet of the aboveground storm pipe from the base of the slope to 5 feet past the slip joint (about 7 feet east of tree D), and within 3 feet of the remaining aboveground storm pipe. (d) Take over ownership of the combined storm sewer system located in the Right-of-way ("Storm Sewer System"). The combined Storm Sewer System is defined as the existing storm system on the Grantor's property that carries stormwater from both the City's new storm connection and the Apartment Complex. The combined Storm Sewer System includes the pipes and catch basins that the City comiects to starting at CB-6, and running through the apartment complex to CB- 22, CB-23, CB-25, CB-26, the bio-swale, and the outlet pipes from the UTILITIES EASEMENT - 3 H:\File Sys\SWP... \\27-2850... \I001 Corrspd...\ 061102a FINAL-ESMT-DWC.DOC o' 20' I Scale: 1' = 20' EASEMENTS - Belle Vista Apts N 26TH ST / PARK PL N STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/16/06 PMWH 0-2- T. . _. , ,� yr. y ;� .•,,, ' JV70. fft Ab It t � • Y\ �` '���r ♦.. ♦ * .'r' � � i �= r. .♦„ `fir R � r _ j!/ K� •"� -,- yr, "- `— � '' _ ; ••: rY�,- i +ti� fir, `'> ; , Y, •yY j •Ask• I • Tree A, D were damaged in Dec. 2006 storms. Trees on Bella Vista Slope Before New Pipe Installed. jli�A .�=' - TC r .P 4 Tree on Bella Vista Slo After Storm System Installation � _ Sy ..✓rYgqr " ei4� k f K:c PHOTO 1 Tree G r� ti roc h 5.., � t • • H �, `�j�. � •�y1 r t � _ . �� r #THY= �._ . • , �,ra 00" ANNE- . ft-w W'M 1.4 .40 me --vim .Nffjw 40' r 41�b 4:W T.7 IC-1-4 OL Ile. '_O: 6r..% tots jo. Id fv* .10 CITY OF RENTON C4 s?— ♦ � e Kathy Keolker, Mayor December 4, 2006 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Wesley Gardner Sobrato Development Companies 10600 North De Anza Blvd, Suite 200 Cupertino, CA 95014-2075 -- SUBJECT: EASEMENT DOCUMENTS FOR SIGNATURE, BELLE VISTA APARTMENT COMPLEX, N 26TH ST / PARK PL N STORM SYSTEM PROJECT Dear Mr. Gardner: The City Council approved the easement documents for the above -mentioned project on November 13, 2006, and the Mayor signed the documents on November 22, 2006. Enclosed are the following easement documents for signature by SI VI, LLC (Mr. Sobrato): Utilities Easement Temporary Construction Easement Bill of Sale Please have Mr. Sobrato sign each document where indicated, and have them dated and notarized. Please attach the original "Consent of Lender to Easement" form from Prudential Asset Resources, Inc. to the Utilities Easement. My understanding is that you will return the signed and notarized easement documents to your attorney William Green, with Perkins Coie in Seattle. Mr. Green will arrange to meet with Larry Warren, City of Renton Attorney, who will check the signed easement documents and confirm that they have been properly executed. Mr. Warren will be holding a check for $46,500 made out to SI VI, LLC. The check for $46,500 is the total for all the one-time payments in the easement documents (condition l.c. $7,500, l.d. $20,000, Li. $12,000, and I j. $7,000). If everything in the easement documents is in order, Mr. Warren will exchange the $46,500 check for the signed easement documents. The City will send the signed easement documents to King County for recording. The remaining payment of $1,000 per each damaged or removed tree (condition I .c.) will be made after construction occurs in the area where the trees are located. Please call me at 425-430-7293, if you have any questions. Sincerely, /� �`,, I 1 Daniel Carey, P.E. Surface Water Utility Engineer Enclosures cc: Ron Straka, Surface Water Utility Supervisor Larry Warren, City of Renton Attorney William Green, Perkins Coie, 1201 Third Avenue, Suite 4800, Seattle, WA 98101 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT-General- Sobrato\061128 BellV-ESMT Docs.doc\DCtp 1055 South Grady Way - Renton, Washington 98057 R ENT O N �. AHEAD OF THE CURVE //-3o—a -, From: "Diane Hayes" <dhayes@holland residential. com> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 11/30/2007 10:39:31 AM Subject: RE: Bella Vista - New Storm System Hi Daniel, Yes, the irrigation has been checked and is good to go! Thanks. Diane Hayes Property Manager Bella Vista Lake Washington 425.917.8888 office 425.917.8889 fax dhayes@hollandresidential.com -----Original Message ----- From: Daniel Carey [mailto.Dcarey@ci.renton.wa.us] Sent: Wednesday, November 21, 2007 11:39 AM To. Diane Hayes Subject: Bella Vista - New Storm System Hi Diane, Sorry I'm a little behind on this project. The Contractor has finished work on the new storm system, placed the new asphalt and curbing in the parking lot, and had cleaned up the planting area. Please have your maintenance people do a final check on the irrigation system to confirm that the contractor repaired any damage to the system that may have occurred? Please inspect the work area and let me know if the restoration is satisfactory, or let me know any corrections that need to be made. Thanks, Daniel From: Daniel Carey To: Diane Hayes Date: 10/11/2007 3:16:58 PM Subject: Landscaping: Bella Vista Lake Washington Hi Diane, Bella Vista is responsible for perform the landscaping and paying the landscaper. In Condition 1 c of the easement the City paid Sobrato (SI VI, LLC) $7,500 to do the landscaping. We set it up that way so your landscaper could do the work the way you wanted, and would be responsible to you to replace any plants that did not take. Our contractor will leave the landscaping area with a smooth soil surface approximately 3 inches lower than the surrounding ground. Your landscaper is to provide the topsoil and all landscaping. Please do not begin the landscaping until the City contractor has finished replacing the curb and gutter, and placed the final asphalt patch. Placing asphalt is weather dependent, and other delays can occur, so I suggest you not set a date for the work until you see asphalt placement is completed. Do not cover the manhole lids in the landscaping area with dirt or bark. The lids will need to be accessed for maintenance and inspection. Also, another requirement of the easement is for Bella Vista not to plant any trees within 5 feet of the buried or above ground storm pipe (5 feet on either side of it). Please be sure you landscaper is aware of that restriction. City Inspection At the end of the project the City Maintenance crew will inspect the new storm system, and the existing storm system main line that runs to the north around the apartment buildings, then to the south to the main gate and into the bioswale. The City Maintenance crew may clean all or part of the storm system with a vactor truck, if they determine that it needs to be cleaned. City Ownership As part of the easement agreement the new storm system, and a large part of the existing storm system main line on the Bella Vista property has been turned over to the City. The part of the storm system turned over to the City is shown on the figures attached to the easement. It is labeled as the "Combined Storm System" and is located in the Utility Easement. The portions of the storm system that serve only the Bella Vista property are labeled "Private Storm System", and also include any drain lines from the buildings, grounds, and any catch basins that serve the parking lot only (not labeled). All those lines remain the property and responsibility of Bella Vista. Attached is a copy of the easement document and figures. Let me know if you have any questions. Thanks, Daniel >>> "Diane Hayes" <dhayes@hollandresidential. com> 10/11/07 1 A3 PM >>> Hi Daniel, I have just spoken with the contractor that is doing the hillside 6 irrigation project. He said his work should be complete around the 22nd. As far as the landscape company to re -do the trees, grass, bushes, etc. are we contacting them as to when to begin? Also when the job is complete, do they submit the billing to City of Renton? Please fill me in. Thanks! Diane Hayes Property Manager Bella Vista Lake Washington 425.917.8888 office 425.917.8889 fax dhayes(aDhollandresidential.com<mailto:dhayes(cDhollandresidential. com> CC: Becky Derby Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20060503000610 CITY OF RENTON EAS 36.00 PAGE001 OF 005 05/03/2906 10:59 KING COUNTY, WA Title: UTILITIES EASEMENT Property Tax Parcel Number: 229650-0138 Project File #: SWP27-2850 Project Name: Park Place N Storm System Improvement Project Grantor(s): Grantee(s): 1. Lin Xin Yao 1. City of Renton, a Municipal Corporation Additional legal is on page of document. (Abbreviated legal description MUSTgo here.) LEGAL DESCRIPTION: A utility easement over portions of Lot 27, Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in King County, Washington. Situate in the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. (Please see Exhibit "A" for complete legal description.) EXCISE TAX NOT REQUIRED KingLJX—JB3011171r� BY: ill 060316a-Yao- Final -UTIL-ESMT.doc\ Page 1 FORM 03 0013/bh/CA2-21-97 L That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for public utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described on page 1. (or if full legal is not on page I-- Exhibit A.) For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: I . The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or C. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. C. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this I S day of r'r 2006 . Signature Signature Name Name 060316a-Yao-Final-UTIL-ESMT.doc\ Page 2 FORM 03 0013/bh/CA2-21-97 Notary Seal must be within box �� •.�oiirF+�•Q ° cAOTA( N• VB LIC _ V �OF WASN�� 111tt INDIVIDUAL FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that L�nX�n i4t;, signed this instrument and acknowledged it to b hi their free and voluntary act for the uses and purposes mentioned in the instrument --Notary Public in and for the State of -Washington Notary (Print) . Ci %(pt My appointment expires: 07 J-,q /0 9 Dated: �45-CC- 060316a-Yao-Final-UTIL.-ESMT.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 LC EXHIBIT A Legal Description A utility easement over that portion of Lot 27, Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in King County, Washington, lying southerly of the following described line: Beginning at a point 28.25 feet northerly of the Southeast corner of said Lot 27 as measured along the eastern boundary of said lot; Thence northwesterly, a distance of 6 feet, along a line parallel with the southerly boundary line of said lot; Thence South 45' 10'25" West, a distance of 31.22 feet; Thence northwesterly, a distance of 141.28 feet, along a line parallel with the said southerly boundary line and to a point 5.25 feet northerly of the Southwest corner as measured along the western boundary of said lot. TOGETHER WITH that portion of the north 78 feet of said Lot 27 lying easterly of a curve concentric with and 20 feet westerly from the easterly line of said lot; TOGETHER WITH that portion of said Lot 27 lying easterly of a curve concentric with and 6 feet westerly from the easterly line of said lot; LESS the north 78 feet. All situate in the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. 0' 4 0' 1 1 Scale; 1' = 40' EASEMENTS - 2415 Park PL N PARK PL N STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 3/8/06 -S -11-0 lc, Daniel W Carey From: xin lin [linxinus@yahoo.com] Sent: Tuesday, May 12, 2009 3:10 PM �25_ Z� 1 — HeA To: Daniel W Carey Subject: Re: Park PL - All Correction Work Completed Daniel, Thank you for your efforts. Best wishes. Lin From: Daniel W Carey <Dcarey@Rentonwa.gov> To: xin lin <linxinus@yahoo.com> Sent: Tuesday, May 12, 2009 1:13:07 PM Subject: RE: Park PL - All Correction Work Completed Good, sorry it took so long to get the contractor to finish it. Daniel From: xin lin [mailto:linxinus@yahoo.com] Sent: Tuesday, May 12, 2009 12:43 PM To: Daniel W Carey Subject: Re: Park PL - All Correction Work Completed Daniel, I just came back from a long business trip. The paint of garage door is satisfacted. The grinding of the ground is done. Thanks. Lin From: Daniel W Carey <Dcarey@Rentonwa.gov> To: An lin <linxinus@yahoo.com> Sent: Monday, April 20, 2009 9:49:42 AM Subject: Park PL - All Correction Work Completed Hi Lin, I would like to close the contract with the contractor. Have all the corrections you wanted been completed to your satisfaction so I can close the contract? Thanks, Daniel ------------------------------------------------------------------------------------------------------------ From: Daniel W Carey Sent: Monday, April 06, 2009 2:50 PM To: 'xin lin' Subject: Park PL - Work Completed ? 1 ycko q - � - 0 1 Daniel W Carey From: Daniel W Carey Sent: Monday, April 06, 2009 2:50 PM To: xin lin' Subject: Park PL - Work Completed Attachments: Driveway- New Crack-Compare.jpg Hi Lin, I checked the garage doors today and the painting and cleaning also looks good to me. The lien against your property has been released and recorded with King County (see my 4/2/09 email). I looked at the newest crack between the driveway drains, that you sent me photos of on 3/27. The crack was not very visible (see attached picture). It appears to be a shallow surface crack that is more visible when the slab is drying out and moisture seems to stay in and around the crack, making it appear darker than the surrounding area. This crack and the others at the top of the driveway do not affect the function and usability of the driveway. I don't expect them to get worse under normal usage by passenger cars. I would like to close the contract with the contractor. Have all the corrections you wanted been completed to your satisfaction so I can close the contract? Thanks, Daniel From: xin lin [mailto:linxinus@yahoo.com] Sent: Tuesday, March 31, 2009 5:45 PM To: Daniel W Carey Subject: Re: Park PL - Garage Door Painting - Crack Hi, Daniel, The garage doors are well painted. Thanks. Lin f Driveway at 2415 Park PI N i a Small surface crack, most visible when surface is drying, moisture stays in crack longer than on top of slab. y ram. crAck not readily visible, as` dried out. r.ic y,'':'§�C:lr �i=►_ v'•�"•�iw �. �.,•s�,~.{�i`���.�• - �iii :"��..1y! Y 010 H -2-09 Daniel W Carey From: Daniel W Carey Sent: Thursday, April 02, 2009 2.20 PM To: 'xin lin' Subject: RE: Park PL - Thursday ? Garage Door Painting Attachments: 090402 Lien-Yao-Release.pdf Hi Lin, The contractor satisfied the Lien that National Concrete Cutting placed on your property. The Lien release was recorded with King County. A copy is attached for your records. Thanks, Daniel RETURN TO: NATIONAL CONCRETE CUTTING 7715 PACIFIC HWY E CONFORMED COPY MILTON, WA 98354 NATIONAL CONCRETE CUTTING Claimant VS. N-W-1 PLANXIN-YAO Defendant(s): 20081110000939 CONSTRUCTION-C RL 42.00 PAGE-0014F 001 11/10/2008 13:80 RELEASE OF -LIEN- - Know all men by these presents, thata certain lien, claimed by lien notice filed and recorded: in the office of the county auditor of KING county, Washington of or about the 23RD dayof .SEPTEMBER .2008 , under recording 20090923001 It34 200 M 2000 by the above named claimant against the above named-defendant(s), . upon the following LOT 27, ELDON ACRES ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF: PLATS PAGE 86, RECORDS OF KING COUNTY, STATE OF WASHINGTON. TAX PARCEL #22§650-0138 COMMONLY KNOWN AS: 2415 PARK PL N RENTON, WA is paid and satisfied, and the same is thereby released. witness my hand this 10TH day of VEM ER,----, 2008 State of Washington, County of KING , ss. , Jo -- Pre-- t of Construction' it orporatio ent-.for Claimant,.- - !, Melanie P. Mekkhavom La nota , ubtic do hereby certify" that Joy A. Tansey the agent for the claimant that executed the within instrument, and:foregoing document, and acknowledged that said document to be the free'And voluntary act and deed of said claimant, for the uses and purposed therein mentioned arid -on Oath st irat VI1619 3dtMuMzeZl execute the said instrument. MELANIE R 14EKKHAVONG Witness My f11 hereto affix the day and year first mentwriq4i above. NOTARY PUBLIC)AD MY COMMISSION EXPIRES Subscr ed and svlr MIRbefore me this 10TH day of NOVEMBER 2 8'::" Notary Public in and for the State of Washington, residing at: SEATTLE My Commission Expires: OCTOBERAD, 2012 10-30-2007 14; --of wig A�t (171) (I-D) il ( ) a a w ` - r � • w� Yr_ . < yr n� RIra4 r. _ti LT '.rn • , 4�l.fi� Tnsai 11 RETURN TO: NATIONAL CONCRETE CUTTING 7715 PACIFIC HWY E CONFORMED COPY MILTON, WA 98354 NATIONAL CONCRETE CUTTING Claimant vs. - N-W-11-LANXIN-YA-0 - Defendant(s): 20081110000,939 CONSTRUCTION C RL 42.00 PAGE-001 OF 001 11/10/20H 13:50 '11CJ91VFD NOV RELEASE OFUEN- - Know all men by these presents, that'a certain lien, claimed by lien notice filed and'recorded: in the office of the county auditor of KING count Washington of tar the23RD da f EPTEMBER 2008 under recordingA 9,09230011!'6-it" 20MW2a0S U:QU4J by the above -named claimant against the above named. del'66dA"s). I upon thei following LOT 27, ELDON ACRES ADDITION, ACCORDING TO THE PLAT THEREOFREC-,bAIJ5&IN, VOLUME. 11- OF PLATS PAGE 86 RECORDS OF KING COUNTY, STATE OF WASHINGTO'N. TAX PARCEL #229650-0136 COMMONLY KNOWN AS: 2415 PARK PL N RENTON,WA is Paid and: satisfied, and the same is thereby released. witness my hand this I OTH .day of WV"E`QER.---, State of Wa shington, County of KING Iss. J0 -metante v. tviel(Ktlavonn n . otarowic do her Joy A.:T-ansev he agent for the:clalrhant that execs instrument, and4oregoing document.and acknowledged that said document to voluntary actAnd deed of said claimant, for the uses and purposed therein men Oath stqt.!3d thdt!9110 is aft(Jfted, to execute the said instrument. MELANIE P. MEWHAVONG Witness MY hereto affix the day and year fir me.ntictn 2 NOTARY PUBLIC MY COMMISSION EXPIRES Subscr ed and sv ,*Mlqbefore me this 1DTH day of NOVEMBE Notary Public in and for the State of Washington, residing at: :SEA My Commission Expires: OCTOBE R`i�10',, 261 2 RETURN TO: NATIONAL CONCRETE CUTTING 7715 PACIFIC HWY E CONFORMED COPY MILTON, WA 98354 20081110000939 CONSTRUCTION C RL 41.00 PAGE-001 OF 001 11/10/2008 13:50 NATIONAL CONCRETE CUTTING Claimant vs. (Aj1CJ91VF_D NOV 1 3 290a-, N-W I ]--LiNXiN-­YA-0 RELEASE OF-LIEN7- Defendant(s): Know all men by these presents, that'a certain lien, claimed by lien notice filed and rec6rdedin the office of the county auditor of KING county, -Washington 1of -or;a6out the 23RD dayofSEPTEMBER 2008 under recording 20080923004461A" 200M'9120:00tF4J by the above named claimant against the above named de'f& rfdzint(s) upon the following LOT 27, ELDON ACRES ADDITION,, ACCORDING TO THE PLAT THEREOF RECORDED -IN' VOLUME. 11 OF PLATS, PAGE 86, RECORDS: OF KING COUNTY, STATE OF WA$HIiNdT'M TAX PARCEL #229650-0138 COMMONLY KNOWN AS: ..2415 PARK PL N RENTON,WA is paid and satisfied, and the same is thereby released. witness my hand this 10TH day of . -NdVEM ER 2008:.- State of Washington County of A! KING ss. jo, Pre Con it orp tio," rit-for Claii Melanie P. Mekkhayon-CL anotet .. ublicdohereby Joy A. Teinsey :the agent for the claimant that executed instrument, and foregoing document,'. and acknowledged that. said document to -be l voluntary act and of said claimant,. for ,the uses and purposed . therein mention Oath Ste tt'd t1lat 91le is R&II15IIIIzed tolexecute the said instrument_ I MELANIE'R.MWHAVONG Nitness My NOTARY PUBLIC MY COMMISSION EXPIRES Subscriped and svjqMAqbefore.n affix the day and year fi .day of NOVEMBER2 Notary Public in and for the State of Washington, residing at: SEATTLE,*, My Commission Expires.: OCTOBEWjb`,-2012 . a RETURN TO: CONFORMED i'i NATIONAL CONCRETE CUTTING 77 5 PACIFIC HWY E. 3 k MILTON, WA 9835.4. CONSTRUCTI0N C L 113-00 AGE001 OF 002 0�/23/2008 15"04 3 � KING COUNTY, WR M=: NATIONAL CONCRETE CUTTING AMEND LIEN #20080912000943 a►mant TO CLARIFY OWNERS LEGAL �' s MORIN��. DESC tt7 {TN pROFERTYADD E �� Rr� x �LCI� CIF LlEh Name of`ersor tndebted:to'ctaimant r nce�s hereby giuert that the pe�rsan named brtow cla�ms,a Ftien pursuant Na " to chapter.`6t7 D4 RCtIV �tn support of this' iien, the follon�ing irifarmatron :Is /� g it Name3ot Lien N�YioN�a� c®NCRE E currtN� �'� Name oft wnerr uNxtN YAo f F * a Or ? �yS Ctl,a6it 77i5 PAuit �u HV" E >J t epil+ed { lhlnf:i 24f5 PARK PL N ,$ ,5 w?. ' E A{ itreS MILTON wA 98354 t Address R ENT0NjVA 9815�' �"ri�' r .c rE 7 '1+1 R7 2 s 'Telet',hvile m{�c�i�f �v2 ,�.�'. Qfl .� �{� Q�}Q? l.i tz 2aate Afwhch the cla�rnant beganYtopezform labor, provide profess�anat' r. .. ra.'„.�,... ... ,.:_ ',x-_ _•`'_..__•, '�.•' _. ._.l .._.�._._.__.___��._....`._`..`�:.il....v-:A:.6,.:-r':...:i....4.-.:.,.4,, �a rYir��rt.i�¢ikitAY'li�.�R�`s _..__�..y �.F. ',,,. 6, This Izist- datt, oil whicil Jabot, was Performecl, profess�,Oja, furnished; contributions to an employee � I strvicet� beriefit plat, were dua-I were or O-quipmen.t was furnished, Or material .—I-- J U N E 12 2008 1-tincipal amount for whic�j the lien is claimed is: $200 or 0 L I F� N ;= i= r- = -t.,I A C -7 4 -3, —LIJ267.13 (LAROPi .4. taimant is the assignee of this claim so state here: NONE W o �&Y t' t-il �-(,J6 Wh t LA—) m 0 Q 0 cv CD Lo CD 0 co 0 Return Address: City Clerk's Office 20000602001085 �1 Ill City o Renton 1055 South Grady Way CITY OF RENTON EAS 20.00 Renton WA 98055 PACE 001 OF3013 KING COUNTY, WA Title: UTILITIES EASEMENT Property Tax Parcel Number: 229650-0200 06 ::Project File'#: LUA-98-123 Street Intersection or Project Name: Tamaron Pointe Apartments Grantor(s): Grantee(s): 1. Tamaron Pointe Limited Partnership 1. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for or and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the above named Grantee, the following described property LEGAL DESCRIPTION: SEE ATTACHMENT FOR PORTION MORE PARTICULARY DESCRIBED IN SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: I. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 3. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or C. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor has caused this instrument to bZexecut d this /7 ray of+9� 2-000 I—Ae ^,ev . fe �/Mis<P� Pcr�nersl� P BY: TCJ2 PauF'•� No�f�ure.cf-$I' tra dp00-ooSg 0 LO c-) c.� ca 0 N Notary Seal must be within box INDIVIDUAL FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Notary Seal must be within box REPRESENTATIVE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Notary Seal must be within box CORPORATE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) �� �� t 1 On this � —�-L day of n'(�,-}•9' ,before me personally appeared �+,�� I j/ , , to me known to be Vi e! of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said �t �' '�+,?•8��.'� = instrument and that the seal affixed is the corporate seal of said corporation. tt Ctp Notary Public in and for 6e State of Washington Notary (Print) ra" dC My appointment expires: /y 30, ZtaO z Dated: /j1k::7-� /7, Z coo PA\Project Fi1es\98020\wtreasement.doc\ Page 2 FORM 03 0000/bh/CA2-21-97 cxa c)l c- 0 CD cv a v G 0 0 c.3 cl- WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM LEGAL DESCRIPTION A PORTION OF THE FOLLOWING DESCRIBED PROPERTY. PARCEL 1: THAT PORTION OF GOVERNMENT LOT 2 IN SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF LAKE WASHINGTON BOULEVARD; EXCEPT THAT PORTION PLATTED AS ELDON ACRES, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS PAGE 86, RECORDS OF KING COUNTY; AND EXCEPT ANY PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THOSE COMMON BOUNDARY LINES AS ESTABLISHED IN THAT CERTAIN BOUNDARY LINE AGREEMENT FILED UNDER KING COUNTY RECORDING NO. 8509110605; TOGETHER WITH THAT PORTION OF VACATED SOUTHEAST 100TH STREET (FORMERLY KNOWN AS MILDRED AVENUE) ADJOINING, THAT WOULD BE ATTACHED BY OPERATION OF LAW; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 2: LOTS 39, 40 AND 41 OF ELDON ACRES, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 86, RECORDS OF KING COUNTY; EXCEPT THAT PORTION OF LOT 41 CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1020457; TOGETHER WITH THAT PORTION OF VACATED SOUTHEAST 100TH STREET (FORMERLY KNOWN AS MILDRED AVENUE) ADJOINING, THAT WOULD BE ATTACHED BY OPERATION OF LAW; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3: THAT PORTION OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF TRACT 26. ELDON ACRES, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 86, RECORDS OF KING COUNTY, THENCE WEST 172 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF TRACT 27, ,ELDON ACRES, WITH THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE SOUTH TO THE NORTH LINE OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN, DIVISION NO. 5, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 83, RECORDS OF KING COUNTY; THENCE EAST TO A POINT SOUTH OF THE TRUE POINT OF BEGINNING; THENCE NORTH TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY MARGIN OF THE ABANDONED RIGHT-OF-WAY (200 FEET IN WIDTH) OF PACIFIC COAST RAILROAD COMPANY; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 4: THAT PORTION OF A CITY OF RENTON STREET RIGHT-OF-WAY SITUATED IN THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., HAVING A WIDTH OF 50 FEET KNOWN AS PELLY PLACE NORTH (FORMERLY 102ND PLACE SOUTHEAST) AS SITUATED WITHIN THE PLAT OF ELDON ACRES AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGES 86A AND 86B, RECORDS OF KING COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF SAID PLAT; THENCE SOUTH 16'57'45" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID STREET A DISTANCE OF 433.98 FEET TO THE SOUTHWEST CORNER OF LOT 27 OF SAID PLAT; PAGE 1 ao 0 0 CD cv 0 0 C-D CD Cl-l1 WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM LEGAL DESCRIPTION THENCE NORTH 88'37'15" WEST A DISTANCE OF 52.68 FEET TO THE SOUTHEAST CORNER OF VACATED SOUTHEAST 100TH STREET (FORMERLY KNOWN AS MILDRED AVENUE) ORDINANCE NO. 1824; THENCE NORTH 16'67'45" WEST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID STREET A DISTANCE OF 405.81 FEET TO THE NORTHEAST CORNER OF LOT 39 OF SAID PLAT, THENCE NORTH 59'59'06" EAST A DISTANCE OF 51.33 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED BY STATUTORY WARRANTY DEED RECORDED NOVEMBER 23. 1987 UNDER RECORDING NO. 8711230876; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SAID PORTION IS A WATER EASEMENT CONSISTING OF TWO SEGMENTS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1302.33 FEET A DISTANCE OF 268.74 FEET THROUGH A CENTRAL ANGLE OF 11'49'23" TO THE TRUE POINT OF BEGINNING FOR SEGMENT 1; THENCE N69'48'10"E A DISTANCE OF 3.23 FEET; THENCE N25'09'31"E A DISTANCE OF 15.77 FEET; THENCE N16'32'28"W A DISTANCE OF 153.90 FEET; THENCE N3334'19"E A DISTANCE OF 31.49 FEET; THENCE N56'25'41"W A DISTANCE OF 4.98 FEET, THENCE N33'34'19'E A DISTANCE OF 10.00 FEET; THENCE S56'25'41"E A DISTANCE OF 4.98 FEET; THENCE N333419"E A DISTANCE OF 108.76 FEET, THENCE N08'02'09" E A DISTANCE OF 22.74 FEET, THENCE NI7'06'44"W A DISTANCE OF 11.38 FEET; THENCE S72'53'16"W A DISTANCE OF 9.75 FEET; THENCE NI7'06'44"W A DISTANCE OF 10.00 FEET; THENCE N72'53'16"E A DISTANCE OF 9.75 FEET, THENCE NI7'06'44"W A DISTANCE OF 30.30 FEET; THENCE N27'57'46'E A DISTANCE OF 27.80 FEET; THENCE N73'02'16"E A DISTANCE OF 104.60 FEET, THENCE S61'57'44"E A DISTANCE OF 49.40 FEET; THENCE S16'57'44"E A DISTANCE OF 193.27 FEET; THENCE S34'28'33"E A DISTANCE OF 164.40 FEET; THENCE S24'40'29'E A DISTANCE OF 38.84 FEET, THENCE S07'03'19"E A DISTANCE OF 140.40 FEET, THENCE S00'39'17"E A DISTANCE OF 48.94 FEET, THENCE SO4'47'51"E A DISTANCE OF 79.08 FEET; THENCE S0854'19"E A DISTANCE OF 109.70 FEET; THENCE SIi'32'33"W A DISTANCE OF 23.78 FEET; THENCE S29'51'54"W A DISTANCE OF 18.44 FEET, THENCE S60'08'06"E A DISTANCE OF 15.26 FEET; THENCE S29'51'54"W A DISTANCE OF 10.00 FEET; THENCE N60'08'06"W A DISTANCE OF 15.26 FEET, PAGE 2 1 SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM 10=WF-.14107**0:1IJICe7: THENCE S29'51'54"W A DISTANCE OF 34.89 FEET; THENCE S20'42'54"W A DISTANCE OF 103.37 FEET; THENCE S69'16'47"E A DISTANCE OF 12.73 FEET; THENCE S20'42'54"W A DISTANCE OF 10.00 FEET; THENCE N69'17'06"W A DISTANCE OF 12.73 FEET; THENCE S20'42'54"W A DISTANCE OF 14.90 FEET; THENCE S58'44'32"W A DISTANCE OF 15.07 FEET; THENCE S31'15'28"E A DISTANCE OF 17.23 FEET; THENCE S13'41'39"E A DISTANCE OF 108.04 FEET; THENCE N76'18'21"E A DISTANCE OF 20.75 FEET. THENCE S13'41'39"E A DISTANCE OF 16.00 FEET; THENCE S76'18'21"W A DISTANCE OF 20.75 FEET; THENCE S13'41'39"E A DISTANCE OF 25.97 FEET; THENCE S10'24'16"E A DISTANCE OF 10.56 FEET; THENCE S07'06'53"E A DISTANCE OF 57.84 FEET; THENCE S08'47'18"W A DISTANCE OF 13.59 FEET; THENCE S53'47'18"W A DISTANCE OF 10.12 FEET; THENCE S36'25'10"E A DISTANCE OF 20.46 FEET; THENCE S51'59'07"W A DISTANCE OF 10.00 FEET; THENCE N36'25'10"W A DISTANCE OF 20.78 FEET; THENCE S53'47'18'W A DISTANCE OF 12.80 FEET; THENCE S36'12'42"E A DISTANCE OF 10.00 FEET; THENCE S53'47'18"W A DISTANCE OF 14.50 FEET; THENCE N36'12'42"W A DISTANCE OF 10.00 FEET; THENCE S53'47'18"W A DISTANCE OF 50.65 FEET; THENCE N18'13'20"W A DISTANCE OF 15.77 FEET; THENCE N53'47'18"E A DISTANCE OF 86.99 FEET; THENCE N08'47'1WE A DISTANCE OF 5.28 FEET; THENCE N07'06'53"W A DISTANCE OF 44.65 FEET; THENCE S82'53'07"W A DISTANCE OF 8.81 FEET; THENCE N07'06'53"W A DISTANCE OF 10.00 FEET; THENCE N8253'07"E A DISTANCE OF 8.55 FEET; THENCE N10'24'16"W A DISTANCE OF 10.36 FEET; THENCE N13'41'39"W A DISTANCE OF 119.81 FEET; THENCE S76'18'21"W A DISTANCE OF 14.50 FEET; THENCE N18'38'49"W A DISTANCE OF 31.28 FEET; THENCE N58'44'32"E A DISTANCE OF 15.28 FEET; THENCE N31'15'28"W A DISTANCE OF 21.18 FEET; THENCE N58'44'32"E A DISTANCE OF 15.00 FEET; THENCE N58'44'32"E A DISTANCE OF 9.90 FEET; THENCE N20'42'54"E A DISTANCE OF 124.31 FEET; THENCE N29'51'54"E A DISTANCE OF 44.98 FEET; THENCE N60'08'05"W A DISTANCE OF 14.52 FEET; THENCE N29'51'55"E A DISTANCE OF 17.00 FEET; THENCE S60'08'05"E A DISTANCE OF 14.56 FEET; THENCE N11'32'33"E A DISTANCE OF 18.79 FEET; THENCE N08'54'19"W A DISTANCE OF 107.53 FEET; THENCE N04'47'51"W A DISTANCE OF 80.16 FEET; THENCE N00'39'17"W A DISTANCE OF 27.10 FEET; THENCE S89'20'43"W A DISTANCE OF 14.50 FEET; THENCE N00'39'17"W A DISTANCE OF 13.00 FEET; THENCE N89'20'43'E A DISTANCE OF 14.50 FEET; PAGE ao 0 0 CD cv 0 c.o 0 c� 0 WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM LEGAL DESCRIPTION THENCE N00'39'17"W A DISTANCE OF 8.55 FEET TO; THENCE N07'03'19"W A DISTANCE OF 137.24 FEET; THENCE N24'40'29"W A DISTANCE OF 33.13 FEET; THENCE S55'31'27"W A DISTANCE OF 14.14 FEET. - THENCE N34'28'33"W A DISTANCE OF 16.00 FEET; THENCE N55'31'27"E A DISTANCE OF 14.50 FEET; THENCE N34'28'33"W A DISTANCE OF 128.32 FEET; THENCE S55'31'27"W A DISTANCE OF 14.50 FEET; THENCE N34'28'33"W A DISTANCE OF 13.00 FEET; THENCE N55'31'27"E A DISTANCE OF 14.50 FEET; THENCE N34'28'33"W A DISTANCE OF 10.18 FEET; THENCE N1657'44"W A DISTANCE OF 189.36 FEET; THENCE N61'57'44"W A DISTANCE OF 13.45 FEET; THENCE S28'02'16"W A DISTANCE OF 5.45 FEET; THENCE N61'57'45"W A DISTANCE OF 14.00 FEET; THENCE N28'02'15"E A DISTANCE OF 5.45 FEET; THENCE N61'57'44"W A DISTANCE OF 9.52 FEET; THENCE S73'02'16"W A DISTANCE OF 44.29 FEET; THENCE S17'11'07"E A DISTANCE OF 8.70 FEET; THENCE S72'48'53"W A DISTANCE OF 10.00 FEET; THENCE N17'11'07"W A DISTANCE OF 8.74 FEET; THENCE S73'02'16"W A DISTANCE OF 37.87 FEET; THENCE S27'57'46"W A DISTANCE OF 15.35 FEET; THENCE S17'06'44"E A DISTANCE OF 48.80 FEET; THENCE S08'02'09"W A DISTANCE OF 29.56 FEET; THENCE S33'34'19"W A DISTANCE OF 146.59 FEET; THENCE S16'32'28"E A DISTANCE OF 152.56 FEET; THENCE S25'09'31"W A DISTANCE OF 27.66 FEET; THENCE S69'48'10"W A DISTANCE OF 9.65 FEET; THENCE RETURNING NORTHERLY ALONG THE WESTERLY LINE ALONG A CURVE TO THE LEFT A DISTANCE OF 15.01 FEET HAVING A RADIUS 1302.33 FEET THROUGH THE CENTRAL ANGLE 00'39'38" TO THE TRUE POINT OF BEGINNING FOR SEGMENT 1. COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1302.33 FEET A DISTANCE OF 283.75 FEET THROUGH A CENTRAL ANGLE OF 12'29'01"; THENCE N69'48'10"E A DISTANCE OF 9.65 FEET; THENCE N25'09'31 "E A DISTANCE OF 27.66 FEET; THENCE N16'32'28"W A DISTANCE OF 152.56 FEET; THENCE N3334'19"E A DISTANCE OF 82.94 FEET TO THE TRUE POINT OF BEGINNING FOR SEGMENT 2; THENCE N3334'19"E A DISTANCE OF 15.00 FEET; THENCE S56'25'41"E A DISTANCE OF 47.48 FEET; THENCE S12'55'03"E A DISTANCE OF 59.72 FEET; THENCE N77'04'57"E A DISTANCE OF 35.48 FEET; THENCE S12'55'03"E A DISTANCE OF 10.00 FEET; THENCE S77'04'57"W A DISTANCE OF 35.48 FEET; THENCE S12'55'03"E A DISTANCE OF 6.22 FEET; I PAGE 4 c-3 0 c� N WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM LEGAL DESCRIPTION THENCE S25'06'42"E A DISTANCE OF 132.98 FEET; THENCE S14'33'21 "E A DISTANCE OF 42.24 FEET; THENCE N75'26'39"E A DISTANCE OF 19.61 FEET; THENCE S14'33'21"E A DISTANCE OF 17.00 FEET; THENCE S75'26'39"W A DISTANCE OF 19.61 FEET; THENCE S1433'21 "E A DISTANCE OF 132.03 FEET; THENCE N7528'47"E A DISTANCE OF 42.51 FEET; THENCE S14'33'21"E A DISTANCE OF 10:00 FEET; THENCE S7528'47"W A DISTANCE OF 42.51 FEET. THENCE S14'33'21"E A DISTANCE OF 20.80 FEET; THENCE S08'35'46"E A DISTANCE OF 76.21 FEET; THENCE S14'17'09"E A DISTANCE OF 96.33 FEET; THENCE S07'59'42"E A DISTANCE OF 49.12 FEET; THENCE S1823'05"E A DISTANCE OF 9.21 FEET; THENCE N71'36'55"E A DISTANCE OF 18.25 FEET; THENCE S7823'05"E A DISTANCE OF 10.00 FEET; THENCE S71'36'55"W A DISTANCE OF 18.25 FEET; THENCE S18'23'05'E A DISTANCE OF 67.62 FEET; THENCE S31*15'28"E A DISTANCE OF 45.79 FEET; THENCE S58'44'32"W A DISTANCE OF 15.00 FEET; THENCE N31'15'28"W A DISTANCE OF 47.49 FEET; THENCE N18'23'05"W A DISTANCE OF 89.88 FEET; THENCE N07'59'42"W A DISTANCE OF 27.60 FEET; THENCE S82'00'18"W A DISTANCE OF 9.79 FEET; THENCE N18'02'11 "W A DISTANCE OF 13.31 FEET; THENCE N71'57'49E A DISTANCE OF 12.30 FEET; THENCE N07'59'42"W A DISTANCE OF 6.81 FEET; THENCE N14'17'09"W A DISTANCE OF 96.25 FEET; THENCE N08'35'46"W A DISTANCE OF 25.59 FEET; THENCE S8124'14"W A DISTANCE OF 10.00 FEET; THENCE N12'00'09"W A DISTANCE OF 22.93 FEET; THENCE N81'24'14"E A DISTANCE OF 11.36 FEET; THENCE N08'35'46"W A DISTANCE OF 27.70 FEET; THENCE N14'33'21"W A DISTANCE OF 108.81 FEET; THENCE S75'26'39"W A DISTANCE OF 10.00 FEET; THENCE N1433'21 "W A DISTANCE OF 10.00 FEET; THENCE N75'26'39"E A DISTANCE OF 10.00 FEET; THENCE N14'33'21"W A DISTANCE OF 101.09 FEET; THENCE N25'06'42"W A DISTANCE OF 33.34 FEET; THENCE S64'53'18"W A DISTANCE OF 12.25 FEET; THENCE N25'06'42"W A DISTANCE OF 19.54 FEET; THENCE N64'53'18"E A DISTANCE OF 12.25 FEET; THENCE N25'06'42" W A DISTANCE OF 80.32 FEET; THENCE N12'55'03"W A DISTANCE OF 53.06 FEET; THENCE S77'04'57"W A DISTANCE OF 3.75 FEET; THENCE N12'55'03"W A DISTANCE OF 13.00 FEET; THENCE N77'04'57"E A DISTANCE OF 3.75 FEET; THENCE N12'55'03"W A DISTANCE OF 5.49 FEET; THENCE N56'25'41"W A DISTANCE OF 15.10 FEET; THENCE S33'34'19"W A DISTANCE OF 10.23 FEET; THENCE N5625'41 "W A DISTANCE OF 14.00 FEET; THENCE N33'34'19"E A DISTANCE OF 10.23 FEET; THENCE N56'25'41"W A DISTANCE OF 12.39 FEET TO THE TRUE POINT OF BEGINNING FOR SEGMENT 2. PAGE 5 0 16i1� FO / S T E�� AL E�G� EXPIRES: MAY 6, 2001 Ln m 0 P� a U cv co LZ) CD 0 ci-') c� N WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM LINES TABLE LINE TABLE PAGE 6 LINE BEARING DISTANCE L5. S 56'25'41" E 4.98' L7 N 08'02'09" E 22.74' L11 N 7253'16" E 9.75' L12 S 27'57'46" W 15.35' L13 N 17`I1'07" W 8.74' L14 S 7248'53" W 10.00' L15 S 17'11'07" E 8.70' L18 N 61'57'45" W 14.00' L28 S 55'31'27" W 14.14' L33 S 89'20'43" W 14.50' L36 S 60'08'06" E 15.26' L37 S 29'51'54" W 10.00' L38 N 60'08'06" W 15.26' L40 N 29'51'55" E 17.00' L44 N 69'17'O6" W 12.73' L47 S 58'44'32" W 15.0T L48 N 33'34'19" E 15.00' L51 N 56'25'41" W 14.00' L54 N 12'55'03" W 5.49' LINE TABLE LINE TABLE PAGE 6 LINE BEARING DISTANCE L5. S 56'25'41" E 4.98' L7 N 08'02'09" E 22.74' L11 N 7253'16" E 9.75' L12 S 27'57'46" W 15.35' L13 N 17`I1'07" W 8.74' L14 S 7248'53" W 10.00' L15 S 17'11'07" E 8.70' L18 N 61'57'45" W 14.00' L28 S 55'31'27" W 14.14' L33 S 89'20'43" W 14.50' L36 S 60'08'06" E 15.26' L37 S 29'51'54" W 10.00' L38 N 60'08'06" W 15.26' L40 N 29'51'55" E 17.00' L44 N 69'17'O6" W 12.73' L47 S 58'44'32" W 15.0T L48 N 33'34'19" E 15.00' L51 N 56'25'41" W 14.00' L54 N 12'55'03" W 5.49' LINE TABLE LINE TABLE LINE BEARING DISTANCE 2000 060 2�0 1085 WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM SCALE: 1 "=150' G 0 ' 18612 p MAP 2 SEGMENT 1 ONASTIL M AP 3 \\ •. \\ ''\ ., ''\ `'. ` `,.. ` \ \'' \ \�.` ORR2ES; MAY 6, 2001 SEOM ENT`"'2', IM TPOB \ `` \' \ \� -�`=_ -=`_.�\ ` \, , / ,� ; � , � ; .• k-,, �/, // / , %/ ,\/`, (. SEGMENT 2 \ `` \..\ ``�\�-`ice \ ` ,," / / •' :/' / %'/ / \ / / COMMENCING _� '\\-`' ' `.\ - • \ ` POINT ---"SEGMENT 1 MAP 4 MAP 1 KEY MAP PATH: P:\SDSK\PROJ\98020\9820-WAEASM.DWG o PACIFIC ENGINEERING DESKIN INC. o '_-l"L AND PL M040 CO48ULTANT8 PAGE 7 PLOTTED: 04-26-00 20010 060 2001085 WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSMP 23 NORTH, RANGE 5 EAST, WM S12'5�,030E SEGMENT 2 1 o.00' Zoe?9S6 1 1 !' 1 3 S12'55'03"E -fib?09 '�t 6.22 S1433'21 �"E I� 4�224' S1235'03 E l 132.�8 ,l 5.72' S250� — — h 0 L55 ,--- - N72'53'16"E�' k'A b r`-- -- -_ _� - _-- -- - ao .se N1433'2 /<` .06 » — A - N25 06'42"W 80.32' : 3i 59 J IN25-06-42:K N12 55 03 W 33,34, �6. 1! , L57 TPOB 'Fr FOR SEGMENT 2 S16 32'28"E 152.56' 31.49 N16'32'28"W 153.90' N25'09'31"E �. �g'02" N333419 E s�N , _ 1 R 302.3?' 302_ .33' Lag— 4 TPOB 1=2'� ' 1:iLL 1 49'23" R= FOR SEGME = 39 38 + R=1302. 3' L-15.01' MAP 1 PATH: P:\SDSK\PROJ\98020\9820-WAEASM.DWG PAGE 8 PLOTTED: 04-26-00 ��--Lp i cD r NI IfV aD —!; � J jMl � i •l t L _ S14.33-21"E 132,03, Z ^ SO . - LN _ 835.,, _---------- -- _ -- --- ------ - •- L71 .Z6.21 -.-_r,` L68 J N14 33'2 i "W 108.81'—_�1-� M L7E J L7 SCALE: 1 "=50' ,.,ow PACIFIC ENGINEERING DE31QN INC. o T AND SCALE: 1 "=50' ,.,ow PACIFIC ENGINEERING DE31QN INC. o T AND 2000 060 200 1085 WATER EASEMENT FOR TAMARON POINTE SECTI)V 5, TOWNSHP 23 NORTH, RANGE 5 EAST, WM C, S24'40'29"E S -� 101 i N07ti3, 9, W i 128 32� S16'57 44" E 193.27' _� / ,.. 8 33•W N243'430 39"W 2 hAO� ------ - ----- - - - - ---- = . N N 16'57'44"W 189.36' i 1 10.18 - / L18 N3428 33 W �1 SEGMENT 1 ( b • - ( NN of I M SCALE: 1"=50' WI � io ' `03 Q ( �o Zj { �^ P M S125S103"E SEGMENT 2 I \ S1 7*06'44"E 10.00' 48.80_ 506�9SG ^ r -1 3 S12-55.03"E � \ —� ?' ;) co ao N 6.22 S14 33'21 "E — S 12 55'03 E n 42_24' --j .. L S14 33'21 "E '� 132. JJL6 �,\ •F. 59.7 ' ^ S25'06'42IL 98 f MAP 2 PATH: P:\SDSK\PROJ\98020\9820-WAEASM.DWG PAGE 9 PLOTTED: 04-26-00 o PACIFIC ENCUNEERINQ DESIGN INC. o T 20GO 060 2G01085 WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM s07 03'1-9 �E-_140.40' SEGMENT 1 -- ` Soo 39' 07b3' gf W� - -- _ —48, g417"f 13724• f' y \ SO44751"f 7 , NOOw39'17"W"� _ `9.0` SCALE: 1 "=50' ♦ "D4s ?j 39'17"k, 480.1670' R y-L70 W � !� 3 S33 21. '—'14"E 13203 al ! IV ^ SEGMENT 2 -- L S0835'46"E -_ L71 -6.21' S1417'09"E _ _ N 14' 33'21"W 168.81' -- ` . — -- ._ S0739'42 n "E L68 L72 ro t .r. ..� - _ - �_ �9.12. aJo -� 96.25 l82 L7 MAP 3 PATH: P:\SDSK\PROJ\98020\9820-WAEASM.DWG PAGE 10 PLOTTED: 04-26-00 ?0 L84 2a"E 00 S18'23'05"E1'1579, �J �_67_62'_ S20'42'54"W / 17.23 r*S3128E S13 4139"E 108_04 li �.•i a� 9 N13'41 o PACIFIC E NQINEERINGl E)ESK1N INC. o TAND 2000 060 2G01085 WATER EASEMENT FOR TAMARON POINTE SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM m sIr A S20.42'54"w -; 5. SCALE: t "=50` SEGMENT 2 S14'17'09"E �L84 S07 59'42 `• �, 17.23 S31'15 28 E I! -, 490 S13-41-39"E S� 1'39"E 108_04' °-°1 j�t?�°f ?5.97 �_ n I v l -o 49.1 f co ; co S18'23 05 E 67.62 76 — — -• L82 -' 14*17'09"W 3115 J ; 5 45.1� �- -- - - - .� j j L� L_ 9� 9N 74W pyL871_ CT .81s.J S07 p6 S3" ��84' f 9' j rn 995 5"W 89.88N18'230 L79 it 1 18 194 0> SEGMENT 2 N31'15'28"W j; sF`"" �:� •�j �- �\ '1 •� le 2 N 'w N18'13'20"W 2-JASHINGTON1 B1 I'D' MAP 4 PATH: P:\SDSK\PROJ\98020\9820-WAEASM.DWG 0 o o PACIFIC ENQINEERINQ INC. o C1v1L AND .�ESIQN PLAIVNW%X3 C X48ULTA M PAGE II PLOTTED: 04-26-00 vG CU �`' �`�Cv�a,✓ Y� W� U, M n O 0 Ln 00 CITY OF RENTON, WASHINGTON ORDINANCE NO. 3947 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKEVIEW BOULEVARD (VAC-002-85 LINCOLN PROPERTIES) WHEREAS a proper petition for vacating a portion of Lakeview Boulevard, Renton, King County, Washington, was duly filed with the City Clerk on or about April 25, 1985, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS the City Council by Resolution No.2603 passed and approved on May 13, 1985, and after due investigation, did fix and determine the loth day of June, 1985 at the hour of 8:00 P.M. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto; and the City Council having considered all information and arguments presented to it, and WHEREAS the Board of Public Works of. the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: -1- L)ECTION I: ORDINANCE NO. 3947 The following described portion of street, to -wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein BE AND THE SAME IS HEREBY VACATED SUBJECT to an easement over, across, under and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION II• The City Council hereby elects to charge a fee Of $15,113.33 to Petitioner -Owners, said amount not exceeding one-half (1/2) of the City's appraisal of the right-of-way interest herein vacated, and such charge being reasonable and proper. SECTION III: This Ordinance shall be effective upon its passage, approval and five days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 7th day of October, 1985. Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 7th day of October, 1985. Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence J. Wcferen, City Attorney Date of Publication: October 11, 1985 -2- ORDINANCE NO. 3947 EXHIBIT 'A' All of that portion of 104th Avenue S.E. (AKA Lakeview Boulevard) lying northerly of the East-West centerline of Section 5. Township 23N. Range 5E, W.M. as shown on the plat of C.D. Hillman's Lake Washington Garden of Eden Division No. 5, as recorded in Volume I 1 of Plats. Page 83, records of King County. Wash- ington, and lying southerly of the westerly production of the northline of Tract 341 as shown on said plat. ' ✓ 8''4o Q8"E - .DErEa : H�rc�i/vGs svR✓Ey of R CQ IN 1 ryA � N 49 ' V ' w . 30 -- --- -- 9� ¢ Sze 5 •23 .f N61 0Vr, Lor 2 ' rn� �"�/�� �No•,�ro�w ��.���� �,� , jar ; RQ ¢ .z :( �. , : - � ►� END,: � �, Ypig 6 p .96. (Al 3 AVA '.�.�-- ARvwE1e> � _- . / 1,0.'c &I /Nei 149" N CITY OF RENTON I D E P A R T M E N T OF PUBLIC WORKS P1111ViKr STRT7 1,14CAI-ION DESIGNED DATEI;'ArY/ B� FILE NO DRAWN 337 Z m bl a I n o 2 o I i N I im 30 12.80 + 31 Q 2�333 --_- --.f AC. �� I ,p� V (y3� p'L%7O �. N I zoo _ _ 4 �o /30 3� a o wY �r CO m �*, \\ I pp a J o yp 338 ` 3 4 ... 3� � � � � N a� � i N, O _ 1 • ��400 lu 3+5 p o I I �_ ww O �-� - 2 ---- -- i �. w M. Nu �, '�I 339ro o q° 0 335 zs 3� ti > 8 �I q N co o S 0 s� 2 � I�rw p p m 2 b W x z w G� n.m� I .✓[,x fc S BS- 40 -4B E 5� p0 I t f% co 2' V�• 11 5✓rvc� �� Ievlern:,�( 490 4 G 5 o I I pl 0 h Luj ---------------------------------- ---- i�o---- j �i - Q Ip 34Q 33 I _ hm M 2 w m a N!N K' C O\ti� 10 q of O �1P'til� W I m I I'7" S ,A4L4 97.;.7 NB9-i6•a3v✓ a,o - -- - - n u' _ 60 i 250.11 _ pb.7� NB9-23 44W 1319.40 E/r✓ CE✓7b.f Li,v6 pf ��, .NOS -in- E.' - I �/B9• , O\ 22.81. I I I �ti1h° N 23 - 5 w I I I 9$� '7 p /26I I l5d 3 41 r ' /B° 8 �,, 32 i' N s G , i Oily I N ' I GT 23 I I I ---- ----------------- ----- - 7 -' L - --- - - - - -- ,✓o7E: 77!i ,Aar, wfr"1 I O O _O C) 00 CITY OF RENTON, WASHINGTON_;.. ORDINANCE 140. 3447 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON. VACATING A PORTION OF PELLY PL. N. (VAC-2-80/LAKE TERRACE ASSOCIATES) WHEREAS a proper petition for vacating a portion of Pelly P1. N., yRent on, King County," Washington, `was duly filed with the City Clerk on or about April 30,•1980, and said petition having been signed by owners representing more than two-thirds of the property abutting upon such street sought to be vacated; and WHEREAS the City Council by Resolution No. 2335 passed and approved on May 19. 1980. and after due investigation, did fix and determine the 23rd day of June, 1980, at the hour of 8:00 P.M. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or.in opposition thereto; and WHEREAS the Department of Public Works and the Planning Department of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: The following described portion of street, to -wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein BE AND THE SAME IS HEREBY VACATED SUBJECT to an easement over, across, under and on all of the aforedescribed property in favor of the City for utility and related purposes.. SECTION II The City Council hereby elects to charge a fee of one-half of the appraised value of $1,65 per sauare foot to Petitioner - Owners, said amount not exceeding one-half of the City's appraisal of the right-of-way interest herein vacated, and such charge being afATE Of WASHINGTON reasonable and proper. � sL COUNTY Of KING lA ttrd for ft cov of Renton. �; lnr t..I�ELORES��.�F..R01.•CtY 1:Mtt f I LED for f : n i d at Request of Washington. do herstry Cast:,{/�thtd tM far. ilg.AMmtlte iIS a � � Brett copy o1 Ondinana tfo.. x ._Of •the, City of•Ranton. as it appears on fik Name ' ' 1 M cr t4lice. and do furttw cAIY Pat tM tiros IIaL. been published accordmt •a law. : • . (✓ tl, Witness Whereof I: ;i 4:hhwwnw Sot TY how eltd affiaed the seal or the Aft ` city of Renton. Shia... Q. ----._—mil oS:7C eTE1�6C�.1 Q$Q• .t.", =' � •,'� r^ ,�" :/ 7 %'3 l Y•_"._ � �•d£� �"•..� ' %� ��, •�'" raw /-�,.. O O O to ca EXHIBIT "A" VAC-2-80 PELLY PLACE NORTH Ordinance No. 3447 That portion of a City of Renton street right-of-way situated in the Northwest one - quarter of Section 5, Township 23 North, Range 5 East, W.M., having a width of 50 feet known as Pelly Place North (formerly 102nd Place S.E. as situated within the plat of Eldon Acres as recorded in Volume 11 Of Plats pages 86A and 86B records of King County, Washington and further described as follows: . Commencing at the northwest corner of Lot 28 of said plat;. thence South 16057'45" East along the easterly right-of-way line of said street of 433.98 feet to the southwest corner of Lot 27 of said plat; Thence North 88037115" West a distance of 52.68 feet to the southeast corner of vacated S.E. 100th Street (formerly known as Mildred Avenue) Ordinance No. 1824; Thence North 16057145" West along the westerly right-of-way line of said street. a distance of 405.81 feet tQ the northeast corner of Lot 39; Thence North 59059'06" East a distance of 51.33 feet to the true point of beginning. PARTIAL RELEASE OF EASEMENT RE-00-002 LEGAL DESCRIPTION That portion of a City of Renton street right-of-way situated in the Northwest quarter of Section 5, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, having a width of 50 feet, known as Pelly Place North (formerly 102"d Place SE) as situated within the plat of Eldon Acres, as recorded in Volume 11 of Plats, Pages 86A and 86B, records of King County, Washington, and further described as follows: Beginning at the northwest corner of Lot 28 of said plat; Thence South 16°57'45" East along the easterly right-of-way line of said street, a distance of 433.98 feet, to the southwest corner of Lot 27 of said plat; Thence North 88°37' 15" West, a distance of 52.68 feet, to the southeast corner of vacated SE 100`h Street (formerly known as Mildred Avenue), said SE 100`h Street vacated under City of Renton Street Vacation Ordinance No. 1824; Thence North 16°57'45" West along the westerly right-of-way line of vacated Pelly Place North, a distance of 405.81 feet, to the northeast corner of Lot 39 of said plat; Thence North 59°59'06" East, a distance of 51.33 feet, to the point of beginning; EXCEPT that portion lying northerly of a line 15 feet southerly and parallel with the northerly boundary line of the above described vacated street. N RE-00-002 �• 3o4.i4 -a,' NEf-OAE zoo 13 332 F 2y0 N A°� r 32 Q c n�` a 31 1Bo 0 �' ` to 30 - •. >S e'' 0 •I A� �n 35 o ao�sR�,es ro si �srH ey �ss:.ez e o �. Lot A a ILA. i 28.00 36 0 AC. t0 L 29h9 `oJJREN SP.228 37 - by 3k3y1 0 ti.0- 790418901 29 w i 2z.iei i b 0 o� 39.42 of 6 38 1P1 d�d� „.�x���� 4 N LOT 4 S ''iM' t; G ° y' ,, �0 r ` °i ' M1" f' O2 i6C • ° LOT RK. 43 r ah v R�: `. °b q-.r `"R 9 4i es as3 vw'"e .s�� use 42 � .� h 39 i `. v-v N �� A�e4�0 . o LOT i10 Lot v a o tih > Z �, M N/7!n- <n /8�•3 C __ - �- - -- - - ='�� f/.f7 ,✓e7•So•pl✓ � .✓e+e3-Kw r5 3 .ua..0 sz.5o 4 6 Ifrr< .V89-G3.4I _ /jt&34 , w 4•u ri I.v m a 41 40 $ Lot a 00 i'� iiAEKSPI LOT 2 27 - 658.44 1109-o3-o10 kph o fl V-JAMES K O11 'Ark s --�-- 1 gh' 0% Lot c r1� n' /007W .) kX-041. as2a o \ � 1 � � 5 p. � c• Y Z �s... O �KO%D A f -_ - - 16'OLotSDk`4 r0 3 33 �a Portion of the NW '/° of Section 5, Township 23 North, Range 5 East, W.M. Legend: Portion of Easement to be released (King County Rec. No. 8012120762) Portion of Easement not released (King County Rec. No. 80121207621 MAP EXHIBIT RELEASE OF EASEMENT RE-00-002 '- PETITIONER: TAMARON POINTE LIMITED PARTNERSHIP ISSUE: Technical Services has received a request from Tamaron Pointe Limited Partnership for the release of a city -held utilities easement that was reserved via City of Renton Street Vacation Ordinance No. 3447 in July 1980. The street vacation ordinance was recorded twice, once under King County Recording No. 8010060646 and later under Recording No. 8012120762. See the attached map for the location of the vacated street and subject easement. RECOMMENDATION: Planning/Building/Public Works requests the Board of Public Works approve and recommend to the Utilities Committee the recommendations of the Administration in granting a Partial Release of Easement. These recommendations are as follows: 1. Approve a partial release of the utilities easement, reserved via Street Vacation Ordinance No. 3447, over lands owned by Tamaron Pointe Limited Partnership and Gary and Marcie Palmer. Retain the northerly 15 feet of the subject easement for utilities purposes. 2. Collect the requisite processing fee from the applicant. BACKGROUND: The subject easement was reserved via City of Renton Street Vacation Ordinance No. 3447, which was approved by the Renton City Council in July. 1980. The ordinance vacated that portion of a City of Renton street right-of-way situated in the Northwest quarter of Section 5, Township 23 North, Range 5 East, having a width of 50 feet and known as Pelly Place North (formerly 102°d Place SE), as situated in the plat of Eldon Acres between the east lines of Lots 39 and 40 and the west lines of Lots 28 and 27 of said plat. The vacation ordinance retained said easement, in favor of the City, for utility and related purposes. Tamaron Pointe Limited Partnership is the petitioner of the release request and the current owner of one of two properties involved in this release request. Their property is under development as an apartment complex. As the development nears completion, the owner wishes to clean up the title to the property and retain only those easements that serve some purpose. Gary and Marcie Palmer own the second property affected by the release. Although they are not petitioners of the release request, the subject easement encumbers their property and any release action would unencumber their property accordingly. City staff has determined that the northerly 15 feet of the subject easement should not be released because of the presence of city -held sewer facilities on the Palmer property and the potential need for a route for a new city storm water system within this northerly 15 feet of the subject easement. For these reasons, staff recommends that the release request be changed to a Partial Release of Easement. H:\D[VISION.S\UIILME.S\DOCS\2000-276adoc\Sgtb No public funds were spent in acquiring or maintaining the easement to be released. Therefore, this is a Class "B" release and requires no further compensation other than the processing fee to be paid by the applicant. Class B: All City of Renton easements for which no public funds have been expended in the acquisition, improvement or maintenance of same or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition, improvement or maintenance thereof. RESEARCH/SURVEY The proposed release of easement was circulated to various city departments and outside agencies for comments. The following is a summary of responses received from all concerned parties. In favor of the Release: Surface Water Utility Requests that the northerly 15 feet of the subject easement be retained for utility purposes. This is to provide for a possible future storm water system route, for an existing storm drainage infiltration system and several public pipe outfalls. Wastewater Utility Requests that the petition be modified to provide for a Partial Release of Easement only. The northerly 15 feet of the subject easement is needed for maintenance of existing wastewater facilities. Water Utility Development Services — Plan Review Development Services — Current Planning Community Services Department — Parks Division Transportation Maintenance Economic Development Fire Prevention Puget Sound Energy AT&T Cable Did Not Respond: Police Department US West Communications CITY ATTORNEY'S COMMENTS: The City Attorney's comments will be added after his review. H:\DI V IS ION.S\UTILITIE.S\DOCS\2000-276a.doc\SF\tb