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' ' ;;(IS!ING q~ ~--·-....:::::;:::--=F,=c:..:--=::--.,;:___-_ ~ -----__::---;;;;.._~......:;;;:_-...J:_~~-'--,----------....:......+~ -_:...._. ~=/,,l ; ' fl!il .ICGf~'---, TC INTG [:.IS~G a';"" t il~]s ,)'. / L'.NOSC/K --fil'. llifO-[XIS~ FUU ,cd>o--' '--1'1/l'S ~ TC,91; 5 >ID,_"""WAU( ~™ <.0!. --· NO SIC!/1,I_ CUR":l (TY": ! ~ (TYPJ !Jllm:Jl (W'. ClJREI in?) -PC•"f:Nl,IJ. S/l,HAI.. f!EIOCATTU Im OU--Y PA'l[l,l(~l H(AW DUfY ~~\~~[\ l C~~;( '~l'El,O[Nl P.I\Ul[N• P(R /.R[f< Pl·~', :'t:1},.n:u;:1.1aG Gb.fOEN A\IENU: N. -~~; arOJHEIIS" 'RON1A,;f ! -----COI-K'ICTf •JJ'<S ~ N~~BlR ~ PJ.f!Klti[; 1:~11s f't\ ~ow CHM UN{ f('CI' c~,, <::ORR'!. t~RN,s,10 !.N: l~SlALL[D 8Y "o--.:·s: ,-- """"'JI" ,_ ~- '~ S8/e!>Fk.<Y C~/1.""' R~-S/ori,g,, !)/,/:fy """""' v ..... ,.;,,,;,., lC /\1,\/1',"!/UfLDINF rorAJ. ~18[_ S,.,_,,S/11K1tm>, C..:,_A_ 0/)<'~A,-.,,, GR-n C8n/51 iaia: eM SM 1'12.c<MS J,.QUS 18,;!91/i ;J.:IJS l9JfiSF 'b'..#2 SF ss•asF gQS;>SF •rJ$0SF 25Z'2SF !'~'i<.l!JllR~~ Lc..,;,:.-Pan<,ngR,,wl'fM ·-· H-T"lJlA!f>a1'.u,,;R&7"""'1 __ ,,,,, __ .,,,,.,!/ loca/Par!c,ngRt,q'1ffd SlaMa;"<! H-z::"~:._7,:=::::,-' -<>"--·SC Pa/"ki,,gP,~- SIMdJ>rd 1-/;m(!,~appe</ T,;i/J/ P,;,,<"Y P,,;.,411,d ,,_,Jo,,-•=·u., -~-""""-'' 5W ---'-' ,;,a ~, w 5t,< '" w 411 SEE SHEET PC-11 FOR GENERAL SITE PLAN NOTES ---;~ 1L-c;,---i'J.-,_)__---.._ ,,,. ciCALE -GnAPh .___ , I ~ ... ..r-t-- ,.'..,!~\ }~ ,, ' 51 I--~ " . z.:~ >-I i ~ "'0 ~z,i'l z~-,~' ~ :5, (J) O:;;{~ :Ja..wl-o'~ ~~~ti]!zt a.. 1/) __J o::~·1 oa,""""-• ----I ,~II\ Ill lll'iTUl!~MC• 8~LAR0 CAI/. 4fl HOURS :-lffORE YCU lllG 8CC--"-24 :',:;."i.'l PC-1.0 I \ ::0 "' m :g ~~ c-> • "' z ~ ~e m • V) • '• ,.j e, 'jj ~! z \ ,· (j ' d'4 /' ' ' I / 1 I "' -~ ~~ -· • ~.;, ii ~-i .-,. ~; il -s a,! ·-~~ " LD I I, C ".Wc,l,;n9tJl'\~l~T~\L(,\l,f'.\Go,o;e '"' N\2,•0••n, f'Nc')i'I': fi;f. 'or, 10, ::~.;S -,·, Cb· . . D~Df r m ~ z 0 • ~~ ! § ~ a e s ~! a e a • i , I i a ~ , ~ ; • i e ii~ • i ~ • ~ n • s i' ~ I e • I ; " ~ ! ~ ~ ;;: >----------<I~ f!i !jl !!1 ili!ql! i '1H (Jil f 1H ii Id •JI 111 f ' ,I,~ ~1-ij ii,~ r-:;,~cJ-;,, , r m n : l> ::nm > -I Z (D F • I; t) ~ I ~ a nl iii ffi I 0 C : Cl) ~ • r ?l ~ (J) 2. ~~ I }. ~ :;:, i f. ' ' t. f CONSULTANTS CIVIL· PACLAND 11235 SE 6TH ST. SUITE 220 6ELLE\IUE, WA. 911004 (425) 453-9501 CONTACT: BILL FORnJNATO, P.E. SURVEYOR PACE, INC. PAUL MANZ,:R, P.E. 1601 SECOND AVE, SUITE 1000 SEA Tn.E, WA 98101 (206) 441-11:!55 CONTACT: FRED WILLIAMSON GEOTECHNICAL/ENVIRONMEN T AL: GEO£NGINEERS 6410 154TH A\IENUE. NE REDMOND. WA 9805:2 (425} 1161-6000 CONTACT· SHAUN ST ... UFF[R DAVID COOK LANDSCAPING: PACLANO 1144 EASTL ... K[ AVE E.. SUITE 601 SEATTLE, WA. 98109 (206) 522-9510 CONTACT: SHAWN PARSONS. R.L.A. SURVEY LEGEND WATER V/.J.,'( flR[ Hl'DRMIT WATER .il".TER WANHCUS (SS/SO} , POlhO!j\JTILJlY PCI.E GUY AN010R ?O'M:R Tll/"1SFORIIE:R PO'IIER('R~mc SIGNAL HAND HQ£ D[D[Slllll.N IJl,JSSING LIGHT INI.HICSIGl</.J.LJGH STR!H LIGHT SPOT ELfVATICfJ "' SET 8ENOiWAAK RIGHT Cf 11.Y Li~ LDwE·s· • I ! GARDEN AVENUE N. AND N. PARK STREET RENTON, WASHINGTON PORTION OF NW 1/4, NE 1/4, SECTION 08, T. 23 N., R. 5 E., W.M. ~· •1:Ll.l VICINITY MAP "' UTLITIES STORMWA TER/SEWffi/WA TER CITY OF RENTON PUBLIC WORKS 1055 S. GRACY WAY RENTON, WA QB055 ( 425) 430-7234 CONTACT: l,OCHAEL DOTSON ELECTRIC: PUGET SOUND ENERGY 8001 S. 212ST KENT, WA 98032 (253) 395-7030 CONTACT: LEANN KEYES NATURAL GAS PUGE:T SOlJND ENERGY 11001 S. 212ST KENT, WA 98032 (253) 395-7030 CONTACT: LEANN KEYES TELEPHONE QWEST CQl.,0.AUNICA TIONS 23315 66Tl-l AVE S. KENT, WA 911032 (206) 345-44 75 CONTACT. BOB STEEN O'.B11£R llNES RIGt<T-Cf-llMY LINES PRO"I.RlY LINES FLOW llNE WAIER UNE SAN:TAAY SHIER tlNE STCBI DRAIN LM GAS LIii£ GOVERNING AGENCIES CITY OF RENTON PUBLIC WORKS I 055 S. GRADY WAY RENTON, WA 9805S ( 425) 430-7270 CONTACT· I.IICHAEL DOTSON CITY OF RENTON DEVELOPMENT SERVICES \055 S. CRADY WAY RENTON, WA 98055 425 430-7270 CONTACT, LESLEY NISHIHARA OWNER LOWE'S HIW, 'NC 915 118Tl-l AVE SE, SUITE 300 CARLSBAD, CA 92008 (760) 604-5300 CONTACT: JIM MANION ARCHITECT SSOE, INC 22121 17TH AVE. SE. SUITE 225 BOTHELL, WA 98021 (425) 827-29SO CONTACT· CHRIS O'CONNOR PE SITE DATA :l:930,875 SO. Fl (±21.37 ACR£S) NOi[ THIS AALI IS r(l! fil Of W lOT 082:lO!H2!1. IHE SURITT AAfJ,, COVERS ONLY 1l1E N()ITH[Rl.Y PffiTI~ Of TltlS SITE -- PROPERTY INFORMATION RECORD I fGAI DfSCRIP]Of,J-PARCEi NO 082305 9217 00 PER CHICAGO TITIL INSURANCE CO. ORDER NO. 1167057. DATED AUGUST !1th, 2005 '°'T 8:00 .... M. THAT PORTION OF rHE NO!Ht,WEST QUARTER ANO THE NORTHEAST QUARTER OF SECTION 8. T01',t,1$HIP 23 NORTH. RANGE 5 EAST. WILLAl.l[TTE MERIDIAN, IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGJNNING AT THE INTERS(CTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER WITH THE EASTERLY MARGIN OF GARDEN AVENUE NORTH, AS CONVEYED TO TI-lE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUI.IBER 5535459: THENCE SOUTH 89'28'22" EAST ALONG SAID soun-. LINE 603.26 FEET TO A MONUMENT IN CASE HELO AS TJ,[ CENTER OF SAID SECTION; THENCE SOUTH 89'30'10" EAST 35.59 FEET TO A POINT ON THE WESTERLY MARGIN OF 1l-l£ PAClf"IC COAST RAILROAD CO. RIGHT OF WAY, SAID POINT BEING UPON A CURVE TO Tl-lE RIGHT, FROI.I 'M-IICH THE CENTER BEARS NORTH 52'20'38" EAST, 810.J9 FEET: THENCE NORTHERLY ALONG SAID I.IARGIN AN ARC LENGTH OF 277.62 FEET TO THE POINT OF TANGENCY; THENCE NORTI, 18"01'-40" WE:ST ALONG SAID WESTERLY MARGIN 1,995.11 FEET TO AN INTERSECTION v,rn, Tl,[ SOUTHERLY MARGIN OF Tr1E WASHINGTON STATE HIGl1WAY (PSH-1) NORTH RENTON INTERCHANGE A-LINE RIGHT OF WAY, TI1ENCE SOUTH 49'05'06" WEST ALONG SAID SOUTHERLY I.IARGIN 406.62 FEET, Tr,ENCE SOUTH 31'53'55" WEST ALONG SAID SOUTHERLY MARGIN 62.70 FEET: Tl-lENCE SOUTH 00'39'15" EAST 47.07 FEET TO A POINT ON THE EASTERLY MARGIN OF SAID GARDEN AVENUE NORTI,, THENCE SOUTH 18'00'30" EAST ALONG SAID EASTERLY MARGIN 1.289.97 FEET TO Tl-lE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 910.00 FEET; Tl-lENCE ALONG SAID MARGIN CURI/ING TO THE RIGHT, AN ARC LENGTH OF 29J.6J FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00'2Q'J1" WEST ALONG SAID EASTERLY MARCIN 253.42 FEET TO THE TRUE POINT OF BEGINNING. SIT[ WORK FOR :-HIS PROJECT Sl-iALL MEET OR EXCHD THE PRDJ[CT SPECll'ICA!IONS. THE 2002 WASHINGTON STAT DfPT. OF TRANSP::JRTATION STANDARD SPlCl'"ICAnONS FOR ROAD, BRIDGE MW MUNICIPAL CONSTRUCTION, AND Tt<E A.P.W .... STANDARDS WHICH ARE HERFBY RFFERfNCEO AS PART OF THESE PLANS. Um,ERGROUND f'OIIER LINES UNDffi~ND 1£1.fPttetlE llNES UNDEJ/GllOOND PO'M:R/l[L[PHOHE LINES UNDERGRO!JND FlBER lf'TIC LiNt'.S l THE DESIGN St101',t,1 IS BASED UPON THF FNGINffR"S UNOERST,O,NDING Of THE EXISTING CONOITlONS. THE PLAN DOES NOT REPRESENT A DETAILED FlELO SUR\1£Y. ~HE EXISTING CONDITIONS SHOv.t. ON r.;1s PLAN SHEET ARE BASED UPON THE SlfRVEY PREPARED BY BARGHAUSEt.. CONSULTING ENGINEERS. DATED 10-29-02, REVISED OJ-'2-03 BY "ACE. THE CONTRACTOR 1S RESPONSIBLE FOR \/ERIF1"1NG FIELD CONO:'.lONS PRIOR TO BIOOll>JC THE PROPOSED s;rrwoRK IMPROVEMENTS IF CONFLICTS /\Rt JISC0\1£REO. THE CONTRACTOR SH/\LL NOTIFY THE OWNER PRIOR TO INSTALI.ATION QF A'JY Prn>TION OF fHE SITEWORK ~ICH WOULD BE AF"l:CTED. IF CONlR,o,CTOR :JOES 'JOT ACCEPT EXISTING SUR\1£Y, INCLUDING TOPOGRAPHY AS SHOl'lts ON THE PLANS, WIT'10UT EXCEPTION, Ht SHALL H'°'\1£ MADE, AT HIS OWN EXPENSE. A TOPOGRAPH<C S~R\IE:Y BY A R(.G1Sl[Rl0 _AND SLrRVE:'OR ANO SUBM,~ ~TOWE OWNER FOR RtlllEW. ()j/JN [INK rtNCf 3 CAI ]QN -N9DCE I9 COOTIVCIQR T~E CONTRACTOR IS SPEOFICALLY CAUTIO"JED TH/\-THE LOCATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF" Tl-lE VARIOUS UTILITY COMPANIES /\NO. ~ERE POSSIBLE. MEASUREMENTS TAKEN It.. THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMP~ETE. THE CONTRACTOR MUST CALI. THE APPROPR:ATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE A,~v EXCAVATION TO REQUEST EXACT FIELD LOCATION OF l, ~IL;TIES IT SHAU. BE :HE RESPONS:BILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTINC UTILITIES Wl11CH CONFLICT 'MTH THE PROPOSED 'I.IPRO\/EMENTS SHOWN ON THESE PcANS f'C''C"~ tf@tiimn ""'"'""'"'"" -m __ ,, __ [(<")'"""'' '!:IJ,.~-S: DRAWJNG INDEX SHEET NO. C\S PC-1.0 PC-1.1 PC-2.0 PC-2.1 PC-3.0 PC-3.1 PL-1.0 DATUM DRAWING TITLE COVER SHEET PREUMINARY SITE PLAN PRELIMINARY SITE PLAN NOTES ANO DETAILS PREUMINARY GRA~NG ANO DRAINAGE PLAN PREUMINARY GRADING AND DRAINAGE NOTES PREU~INARY COMPOSIIT UTILIT'/ PLAN PREUMINARY UTILJTY NOTES PREUMINARY LANDSCAPE PLAN HORl7DNIAI PATIJM: NAO BJ/91. BASED ON CPS MEASUREMENTS FROM CITY OF RENTON MONUMENTS 1:57:56 (E 1/4 CORNER 8-2J-5} t< RENT1647. BASIS OE BEARINGS = S 89'28"2r E ON MONUI.IENTED SOUTH LINE OF NW 1/4 SECTION 8-23-5. YfR]CA] QAJllM: NAVD BB PER CITY OF RENTON CONTROL POINT NO. RENTI935: CHISELED SQUARE IN CONCRETE BASE or TRAFFIC SIGNAL AT NORTI-lWEST CORNER Of" INTERSECTION Of" LAKE WASHINGTON BLVD. N. AND PARK AVE. N. ELEVATION = J0.431 ,o. ~'l ~:~ """""'-iif I REVISIONS SEPA R£SIJ6l,(ltTAl. ~PA $U8WITlAI. ----- DESCRIPTION i _[ 6/19/06 ----+--01/~l/06 "" .;,· CITY OF RENTON SHORT PLAT#------ KING COUNTY. WASHINGTON ~ot-"1;~ ~ ,-'.=,S <;,19',, ~-0·'",) ,_of 61< )" cf;1Y't;1 l'\.s. '-' rJ ~<$. l'" 0'\~~01-:i'l ~· ,,,~-p ~~/ o.'1-/" ~~ .#/; II'()-.~ / ,e., i)'I, /"" fl<'"'~"s<;r~ / ...': ~ // ,;.t'· •{fll'..C. ,..f?'1"''r.,.._,.o':> \ ·. //~t~~!,(14i!>'1 ' / ~ -~ ,,.... /// ... '6, /// '/ <' ,.j{/ s>\)i{'·,<' /~" "', \ ' . #:!;,,· -~ \ ~~-:,1, / \$J ~ I e1'l'iiv,.~t.11 \ I \/ifc-~ \ \ \ I \ \ \ I I \ \ \ I \ G> \ I I ;, ' ~\ \ \ ~\ ~ \ . I I I z \\ ~'i \.oi 'l ~ "'·Ii "' ' " "'~' \ ~'; ~ ;~~ ;,;.,,,.~ \·i, \ fl(.C. I •. • I \ I I -------CENTER LINES \0 \ ~osi:o PROF'£RTY LINES '£ I ------RHJelT-OF---AY UNES \ . ., \ ----------EASE ... ENTUNE ---SUDO.VISION LINE \ \ LEGEND (911.1!') mST!.NCE BY OCED \ \ $J \ :; ! 6J FOUND ,,.ON IN C"SE .0.S NOTUl \ \ ' \ :\1 ---,!:!T£!;!L~ ~E2~ ~H.l., -..J. i. ;i " .'fl"llll(j<111 c;!'}.r., 1.-f e1<t(-o.S) "' ~(~\r,,Y1g11• ) ---";;,.-' ';,'!,,l~" --:;)R(;;;;c;;;;------ •"' ""• "" ,r< ,, l'.'"'10-~,~fl'© '<fo.~<fi(Jo':f., r:Jfcf'-'> RECORDING NO VOL./PAGE 1.~~f,.,rli>· ',; #, v0·''\ ~,~_9fi \_.~-~ i~1Y',f.l,:, P~ :~O'>-qJ pC ?t~ ... ,v 1• s ~\\\~ ;:,,J!~ :'-1"1-0!l ,too,;.•-· \O'<'o _o•) ' II " " II I' I< I I, -.1 \ I I I I L_L ___ _ SCALE: l llfCH -100 P'I' '" l'iO 100 140 .. ,w PORTION OF 1/4, NW 1L4 SECTION 08, T. 23 N., R. 5 E., W.M. 01S"'°'"'G Q'Alcs ftl,(S fJ·';,\~a. f\ $-,~:,.D l I I ' . ~"""' l,l l'!~c. I 'li, . ..-11,~ ,,,. I 1-:':.~i,,' 8 I I p--?:i _, r ,~.oo , , -------:-6o.l.2G°) ---~-j__ £~ :---- l I ! ! ,,_1·: . " ~:~ "I! "u :• / i I I i ~10'<'o ... ~"(O' ~'t~~~\i~)l.'h ~C,. t J ~,o-t~· t·:.rfii~f.1- 1 '" ----~fJi.. ___ ,_ ----" -------------NORTH8THSTREET paceoogrs.oom RENTON-LOWE'S Short Plat 0~. SY '"' CHKO BY ,sc DATE os/2JL2006 SCALE ,· = 100' JOB NO 05770.12 SHEET ~ 0 s z ~ ~ 0 i= .. w 0 X w .. "' ... z w ::i; w "' < w , • v C' • z " C' w ~ ~ ' I ! ' "' ... z w ::i; lll < w fil "' 0 :s a: .. -~- I!: 0 z ... z w ::i; :s .... w > :!l .., " ~ .., ... 0 ..c:: [I] [I] r:.l "" 0 -' I z 0 E-< z r:.l 0:: " e ~ ~ N g 0 " • ~ ~ 8 ;; < ' "'. z 8 ' e < u ~ • ~ 0 z , > , o o <o ~ • " 0 u 0 le 0 z 0 z m ~ 0 < 0 z z ~ Q ~ < ~ 0 0 a ,r 0 0 w ,r m " ' ' I ' I ! i" ' z ' w ~ ~ ~ w ~ i ~ < ~ I 0 ~~ ~, Zw ' 0~ 0~ u~ I o< ~~ ~o , I ' I i ' a ' ' ii I i I " ii ' ! • 0,., ! i~ ~o 1, « ' ! II >' o• IP ~ a. C 5 <o z z' ~=~z 0 >= « W<:ezo ,r Ct'._j=il-« LLo..oo ~ 0 Ot-U~ w >-~ (_')~ 0 I-I z <:( Q(f}s;2~ ~ " " ~ ~ z ~ ~ ~ ". a, z 0 z u w ~ • :- ~ z •. " w m ~ • :- w z §: S?!!!l!i U;i, Q~~tii; j~,:, ' o:;!!!~<£ ~~l'-!l " =-<~t, ' ~~~~~ i ~·!o -8 ,11i, i:,::8 ;,i; ' !!!8 _bQ i iS.:,C:15~ ~~:;i~ ... ~ "-~:irzffi :ilw"'~ii • ~~i=[f~ ,-!?Zlili! ; "'!i~!.'.., ~i"'~ee • :{~leg;: 5 • -<wbw1: i ' ~e:..:·;o.., o • il5h;~ w ... ;;; ! ~ ' • ! IC w a, :l! ::, z .J w 0 IC "' 0. X "' ... a Tl i I I I I I I • ' " ~ § ~ !. , . ~g . , ••• " ,. ~hi !l 1:-< :s: •' ,, ~ :;.oi;, gia:;: ,,. d; !~~ ' ! ~~~ 1c. ~' i ~u Iii ~I " i ,, ~ii s,, §: ;;~ / !i ~~l e , 1· "'~ ; i@ 1: ~~ ,"- ~o >t j g~ i~ ~• I' 0 ..... -~ oSo t ts 1,0 :~H '' I" t~ ~~ ~~~~@ 5~bii ~~§!!£§! ~ s ~~ t~i •' 11, i! 1:1 eo > :i '[ ~;,: lllj<t: ~ 12.? '"1·1''' :u·J·.,,~,·-tf\<, e < 0 >z W!!!-..,o~, ~~~~~ :..: S:' <&:t'>I':'. ~ flj ~ ~!~~~ i : w ~.~c"io -~,n~~~ 0:: ~~~o ; . ~ Q Ua::J'.~ 0 '-.C ;,-Ww ,-. Z 0:: w o:o I':'-w >85iitl 0 1 0:: a:: "'~ I :J ':;;:otj I':'~ (!) 5:~~~@ 0 ~>-~!5 z •• <( ili:s§ & ..Ju,< < ,, • !! 0 0 g ' ' 0 ' ~ « ~ 0 • ~ 0 ~ ~ • " J u w ,i u m j ~ ~ C " 0 " 2 0 2 ~ u -i C ' " a B 0 E N LQT ' 10TH L • K E s H L A N D ~ ,I; -· I i i 8TH '· I i i i i • s p i I i LOT 0 II I i I i G z " > • 0 . • • • LOT 2 R E N G ' ,. 11-- 11 2 " l(---+----.. 1 ~ 3 ~~1 ,, ' ,, IL--+I!!... __ _ _ _,_~ \ ·"·· ' LOT ~ ST. ---f------ \ ""'"' ,,...., .... ~ .. © ---....... c:::::i-- --i::::;;i_ ... t N Mike Neer PACLAND PARTIES OF RECORD LOWE'S SHORT PLAT LUA06-080, SHPL-A Jim Manion Lowe's HIW Dash-80, LP. 11235 SE 6th Street ste: #220 Bellevue, WA 98004 1530 Faraday Avenue ste: #140 Carlsbad, CA 92008 440 N First Street ste: #200 San Jose, CA 95112 tel: (425) 453-9501 eml: mneer@pacland.com (contact) Stuart Sulman Keller Supply Company 3209 17th Avenue W Seattle, WA 98119 tel: (206) 273-7205 (party of record) Updated: 08/22/06 tel: (760) 804-5308 tel: (408) 274-7227 (applicant) (owner) (Page 1 of 1) '· Lu.IA 06 oiv Ill I Ill II I llllillll 111111111111111 After recording return document to: City Clerk 20120509000255 RENTON CITY CL EAS 69.00 PAGE-001 OF 00S 05/09/2012 09:36 City of Renton 1055 S. Grady Way Renton, WA 98057 KING COUNTY, UA DOCUMENT TITLE: Water Utility Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. Lowe's HIW, Inc., a Washington corporation GRANTEE{S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: PTN NW QTR of S8, T23N, R5E ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): 6-7 (Exhibits A and B) ASSESSOR'S TAX PARCEL NO{S): 0823059231 PROJECT NAME: Renton Lowe's PROJECT NO.: TED-40-3614 WATER UTILITY EASEMENT The Granter, as named above, for and in consideration of mutual benefits, does by these presents, grants, bargains, sells, conveys and warrants unto the above named Grantee, its successors and assigns, an easement (the "Water Utility Easement") for public water line with necessary appurtenances over, under, through, across and upon the following described property (the "right-of-way") in King County, Washington, more particularly described as follows: Legally described on Exhibit A, and depicted on Exhibit B, attached hereto and made a part hereof by this reference. Page 1 of 7 For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining Water Line utilities and utility pipelines, together with the right of ingress and egress thereto and without incurring any legal obligation or liability therefor unless Grantee is in noncompliance with the Water Utility Easement. 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: 1. 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: 1. Erect or maintain any buildings or structures within the easement; or 2. 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 3. 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; or 4. 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; or 5. 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. Page 2 of 7 By this conveyance, Grantor will warrant and defend the grant of easement hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim title to the same. This conveyance shall bind the Grantor's heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Granter has caused this instrument to. be executed this ~day of ffBl'IM&'/ , 20.~l.=«~- G RANTOR: LOWE'S HIW, Inc. [Print name] Michael L. Skiles Vice President Its: -------------- [Title/position] Page 3 of7 Notary Seal must be within box CORPORA TE/LLC FORM OF ACKNOWLEDGMENT STATE OF------ COUNTY OF ____ _ On this ___ day o;,f '-------' 20__. before me personally appeare -----,-"---------------to me known to b _______________ of the corpora · n that executed the within instrument, and ackn ledged the said instrument to be the free and voluntary a and deed of said corporation, for the uses and purposes herein mentioned, and each on oath stated that he/she was authorized to execute said instrument. Notary Public in and for the State of _____ _ Notary (Print) _______________ _ My appointment expires:---------- Accepted by the City of Renton: "ii'::t:11:/~~ Gregg Zi ~r n Public Works Administrator Date: -~·3.,..,/~· $.,_,f._.2.~0'+l-"'2..,,_ __ I ' Page 4 of 7 State of California ) County of San Diego ) On February 28, 2012 before me, C. Kawamoto, Notary Public, personally appeared Michael L. Skiles, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --'-{!;-'-~-=""'-"'~<Z<""'--""---------- (Seal) r S S t C S C C C 8.R1.~:i:ofo' 7 0 •1 @ Commission II 1949871 ; Notary Public • C1llfoml1 f San Diego County J. a a a a ,Ml ~0 T"!· ~rtr:s :ec 23 }~1!1 EXHillIT A Renton Lowe's New Waterline EallellleDt That portion of Lot 2 of City of Renton Short Plat No. WA-O<i-OSO.SHPL as recorded under Recording No. 2006101lSJ00007,recotdsofKingCounty, Washington and b~ng a portion afthe Northwest Quarter of Section 8, Township 23 North, Range 5 East, Willmnette Meridian, in tbe Cily of Renton, King Conn1y, Washington, dcscn'bed as follows: A strip of land 15.00 feet in width lying 7.SO feet on each side of the following described centerline; Commencing at the northeast comer oflakl Lot 2; Thence South 49"0S'06" West along the northerly line thereof a distance of 406.82 feet to an angle point in S11id northerly line; Theru:e continuing along said northerly line Soulh J J•s,·ss~ West a distance of62.7S feet to tho westt:rly line of said Lot 2; Thence along said wcaterly line South 08"39' 15" Eut a dis1ance of 7.02 feet to the TRUE l'OlNT OF BEGINNING of the centerline herein described; Thence North 71°59'30" Easta dlstanc,oof 12!.25 feet; n,oncc North 49°29'30" Eaata distance of I 76.95 feet ID POINT A; Thence continuing North 49°29'30" East a distance of 9 .40 feet; Thence North 71°59'30" East a distance of 107.30 feet to POINT B; Thel1C$contlouing North 71°59'30" Ema dislance ofS.05 feet; Thence South l 8"00'30" Ea$! a distance of 796. 76 feet to POINT C; Thence eontinuing South 18°00'10" East a distance of IOS.45 feet; Thence South 71 •59•.30» West a distance of 113.40 feet; Thei,ce North 18°00'30" West a distaace of SJ.30 feet to POINT D; Thence em,tinuing North I 8°00'30" West a distB11ce of 56.85 feet to POJNT E; Thenceconlinuing North 18"00'30• Wesl a di!itauce of I 5.00 feel to POJNT F; Thence comituring Nwtb I S"OO'JO· West a distance of 189.20 feet 10 POINT G; Thencecontimring North lll"OO'JO" West• distance of 123.65 feet; Thence South 71°S9'30" West a clis!aru:e of! 70. 70 feet to POINT H; Thenco continning South 71°59'30" West a distance of I 15.20 feet to POINT I; and the TERMINUS of the centerline herein described. Together with the following described ships of land being l 5.00 feet in width and lying 7.50 feet on eaoluide of the following described centertinea; BEGINNING at bereinabove describe<! POINT A; Thence North 40"30'30" West a distance of 7 l.00 feet to the TiiRMINUS of the centerline herein described. Also BEGINNING at hereinabove described POINT B; Thence North 18"00'30u West a dls1ance of20.10 feet to the TERMINUS of the centerline herein described. Also BEGJNNING at bcreinabove dcscnbc:<I POINT C; Thcooe South 7 J0S9'30" Wesl a dislance of l 7.50 feet to tl,e TERMINUS of the conterli11e herein described. Page 5 of 7 Also BEGINNING at hereinabove described POINT D; Thence South 11•59·30• West a distance of26.8S feet to die TERMINUS oftlie centerline herein described. Also BEGINNING at hereinabove dc.onl>edPO.INT E; Thence North 71°59'30" East a distance of 23.35 feet ro the TERMINUS of the center Ii ne herein described. Also BEGlNNING at hcreinabove de.cribd Po:INT G; Thence South 7! 'S9'30" West a dlsmnoe of26J!S feet to the TERMINUS of the centerline herein described. Together \Vith a strip of land 45.00 feet in width lying 22.50 feet of each side of the following described centerline; BBGINNlNG at the hcrcinahovc described POINT F; Theme South 71°59'30" West a distan.::cof 5).00 feet to the TERMINUS of the centerline herein clc=rlbed. Together with a strip of land 52.00 feet in width lying 26.00 feet of eaoh side of the following described centerline; BEGJNNING at the hcreinabove described POINT H; Thence South I So00'30" East a distance of 29.25 feet lo the TERMINUS of the centerline herein described. Together with a 5trip of[and23.00 feet in width lying 15.50 feet northerly and 7.SO feet southerly of the following described line; BEGINNil'lG at the herei11abovc described POINT I; Thence South 11 •59•30• West a dis1811ce of20.00 feet to the westerly line of said Lot 2 and the TERMINUS ofthe centerline herein described. CONTAJNING: 38,238 square feet oro.sns acres ofl~ more orle.,s. Propared by FW OJl l/30/2008 P;\POS\OSno. 15\<ioeS\Wator Eue,nent.doc Page 6 of 7 / JANUARY 25, 2012 .ArehKIKhl"f .... Ape ArdlllftlUN Chil lnfLneffinf: IJl'ba.11, D....,. R. 5 f .. WM. B\ \ - ~2 SHORT PLAT LUA-06-080-SHPL 08046 LOWES ESM T. dwg EXHIBIT B PARCEL 082305-9231 WA T[RUNE EASEMENT Page 7 of 7 r After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 DOCUMENT TITLE: Easement for Sidewalk llll 1111111111111111 20120509000258 RENTON CITY CL EAS 6S 00 PAGE-001 OF 007 · 05/09/2012 09·37 KING COUNTY, LIA REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. Lowe's HIW, Inc., a Washington corporation GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: PTN NW QTR of 58, T23N, RSE ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): 4-6 (Exhibits A and BJ ASSESSOR'S TAX PARCEL NO(S): 0823059231 PROJECT NAME: Renton Lowe's PROJECT NO.: TED-40-3614 EASEMENT FOR SIDEWALK Grantor, as named above, for and in consideration of mutual benefits and other valuable consideration, does by these presents, grants unto the City of Renton, a Municipal Corporation, Grantee herein, and Grantee's successors and assigns, an easement for public sidewalk purposes with necessary appurtenances, including a slope easement if the Grantor does not maintain the slope, including street lights, safety railings and guardrails over, under, through, across and upon the following described real estate, situated in the County of King, State of Washington: A portion of the Northwest Quarter of Section 8, Township 23 North, Range 5 East Willamette Meridian, in the City of Renton, King County, Washington, as legally described in Exhibit A and illustrated in Exhibit B, Sheets 1 and 2, attached hereto. Page 1 of 6 This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Granter covenants that it is the lawful owner of the above properties and that it has a good and lawful right to execute this easement. IN WITNESS WHEREOF, said Granter has caused this instrument to be executed this ~dayof ;c:93,eu,4-,e't ,20/.:L GRANTOR: LOWE'S HIW, Inc. By: --#I I Michael I Skiles [Print name] Vice President Its: -------------- [Title/position] Page 2 of 6 ' Notary Seal must be within box CORPORATE/Ll.C ,=oRM o,= ACKNOWLEDGMENT STATE OF _____ __,/) ss /i COUNTY OF On this k 20__, before me personally ~ared _____ __, __ ...,,_/ ________________ to me kn~ to be _______________ .of the rporation that executed the within instrument, and acknowledged 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 instrument. Notary Public in and for the State of ________ _ Notary (Print) ________________ _ My appointment expires:------------ Accepted by the City of Renton: By Jj17J::;tn¢i;llJ/Q,(M1 :~ Gregg an Public Works Administrator Date: -"",?~/s:-~· I-'/ 2.-!=:::...::0c..J.)_L7 __ _ 7 / Page 3 of 6 State of California ) County of San Diego ) On February 28, 2012 before me, C. Kawamoto, Notary Public, personally appeared Michael L. Skiles, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _--=..G.!....:~c'.:..::..:_=.::::,;_:"'-·---- (Seal) r DD DD DD '8'.RA~L.ifo· a a 'I • Comrnlaslon ti 1949871 Notari Public • Cllllomla I San Diego County !: · Comm. E•pires Se 23. 2015 EXHIBIT A EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Auditor's file No. 8809230146, records of King Cotmty, Washington, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington. described as follows: Commencing at the Northeast comer of said l-0t 2; Thence South 49°05 '06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31 °53'55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of'.?3.70 feet; Thence South 71 °59'30--' West for a distmce of 5.00 feet; Thence South 18°00'30" East for a distance of364.50 feet; Thence North 71 °59' 30" East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of465.30 feet to the Northerly line ofright- of-waydedicated to the City of Renton in instrument recorded under King Cmmty Auditor's file No. 20061013000375, being a point on a non-tangent curve concave to the Northeast having a radius of 36.00 feet from which a raclial line of said curve bears North 24°27'39" East; Thence Northerly and Westerly along said curve for an arc length distance of30.62 feet through a central angle of 48°44' 11 "; Thence South 68°32'59" West for a distance of 8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of 769.85 feet; Thence continuing along said Easterly margin at North 08°39' 15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31 °53'55" East along said Southerly margin for a distance of 16.14 feet to the True Point ofBegimung. Page 4 of 6 EXHBIT B / / An Engineering Services Coq,any SCALE: 1" ~ 200' Flt£: sno-EXH.OWG SHEET 1 \ \ 100 200 Scale In Feet \_..-1;!,.o' \ \ \ \ \ 750 Sixth Street South Kirtlland, WA 98033 p. 425.827.20141 f. 425.827.5043 Clvfl I Structural I Planning I Survey paceengrs.com 400 I DATE: 11 9 06 DMB PROJ. NO.: 05770.14 Page 5 of 6 / 0 ; / \ \ \ \ S18"00'30•E 23.70 571 ·ss· 3o·w 5.00 SHEET 2 LOT 2 ~ \ \ \ \ \ SP I LUA-06-0BOSHPL REC. I 20061011900007 \ \'!l \ \~ \ )\· ~ \ 'G, G'),a \i \ 'P-\ f· \ ~~ \ \ ~\ \ \ ~\ \ \~~ \ . \ z \ ',,· \\ \ / ~~'59'30•E 1wo \ JO 60 Scale In Feet ~~ ..... ~ 750 Sixth Street Sooth Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 Civil I Structural I Plaming I Survey An Englneenng SeMces ~Y paceengrs.com SCALE: 1" = 60' FILE:\5770-EXH.OWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 Page 6 of 6 DATE: TO: FROM: SUBJECT: ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT MEMORANDUM August 2, 2007 Carrie Olson, Lead Office Assistant Cindy Moya, Records Management Specialist Returned Recorded Documents: Easement -Lowes HIW, Inc. -SHP-06-080 Recording #20070710000392 The attached document has been recorded with King County and is being returned to you. Please forward copies to parties of interest. The original will be retained by the City Clerk's Office. Thank you. Attachment cc: Bob Mac Onie, PBPW Utilities Donnaann Visneski, PBPW Utilities SHP-06-080 i:\correspondence & memos\recorded documents\recording doc return memo.doc ,. t Return Address: City Clerk's Office City of Renton I 055 South Grady Way Renton, WA 98055 llll 111111111111111 20070710000392 CITY OF RENTON EAS 39.00 PAGE001 OF 008 07/10/2007 09:38 KING COUNTY, UR Title: UTILITIES EASEMENT AMENDMENT Property Tax Parcel Number: 082305-9231 Project File#: U060107 & 9060553 Street Intersection or Project Name: Reference Number(s) of Documents assigned or released: 198809230146 and 20070122001465 Grantor(s): Grantee(s): I. Lowe's HIW Inc. I. City of Renton, a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THAT PORTION OF THE UTILITIES EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 LYING WITHIN THE PROPERTY DESCRJBED IN EXHIBIT A, TOWIT: Lot2 of City of Renton Short Plat LUA ---060-080-SHPL, as recorded under King County Rec. No. 20061011900007, siruate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton, King County, Washington. THE EASEMENT AREA ON THE SUBJECT PARCEL IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT B AND ILLUSTRATED IN EXHIBIT MAP "C" SHEETS I &2. TOGETHER WITH THE RJGHTS ENJOYED BY THE GRANTEE PURSUANT TO THE ORIGINAL EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 THIS EASEMENT AMENDMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND SUPERCEDES THOSE DEFINED IN THE EASEMENT AMENDMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20070122001465: I. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest comers of the building. All remaining portions of the existing easement for the 72-inch storm pipe shall remain a width of 20 feet. 2. Prior to construction of the building or installation of the required shoring, the development proponent or representative shall TV inspect the existing 72-inch storm line adjacent to where the proposed building wall and required shoring is to be constructed to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and on site when TV inspections (pre-and post-construction) are performed. r,J.J,..JU/-~/~ C:\Documents and Settings\A.Eliasll.ocal Settings\Temporary Internet Files\OLK28C\new easem~~oc Page I FORM 03 0013/bh/CA2-21-97 3. During construction of the building shoring, the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system, closest to the wall construction, shall be monitored for any settlement, along with the surface area above the pipe. 4. If the pipe is damaged or settlement occurs during construction or if damage or settlement is identified within one year following final occupancy, the developer will be responsible to repair the damage or settlement to City standards. 5. When the City has to maintain, repair, replace or reconstruct the pipe in the area where the existing easement is being reduced the property owner shall be responsible for all construction costs in excess of those construction costs associated with normal construction and trenching methods as a result of the reduced easement width and lack ofrequired building set back from the easement. Construction costs in excess of costs associated with normal construction and trenching methods shall include but not be limited to the following: • The requirement to use CDF or other special material as backfill due to limited space necessary to achieve proper compaction. • The requirement for additional precautions that may be necessary during construction to avoid damaging the building structure due to the limited working area. • The requirement to use special equipment and shoring techniques due to limited space, access and reduced equipment maneuverability, which makes construction more difficult. • Any other costs identified by the City that are in excess of those costs associated with normal construction and trenching methods. The property owner further agrees to indemnify and hold harmless the City and its agents from any damage that may occur to the structure located in the reduced easement as a result of any future maintenance, repair, replacement or reconstruction of the 72" storm pipe. C:\Documents and Settings\AElias\Local Settings\Temporary Internet Files\OLK28C\new easement agreement(rev I) (2).doc Page 2 FORM 03 0013/bh/CA2-21-97 .. ' IN WIT~SS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this ?_,I day of , 2(01 _.l/ttt ~ ., Notary Seal must be within box MAY/M~LFER ... ~-J. w~ ~"4087 CITY CLERK BONNIE I. WALTON , , ~ : '· •.,, LU . , STATEOFWASHINGTON lss (/) .• COUNTY OF KING ) ' ·.. .. . / I certify that I know or have satisfactory evidence that Kathy Keolker and tlonnia WaJton are the persons who appeared before me, and said persons acknowledged that they signea this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR, and the CITY CLERK, CITY OF RENTON, to be the free and voluntary act such parties for the uses and purposes mentioned in the instrument. ublic in and for the tate of Washington Nata (Print) Jo:sVYJ A. S'e,-+"4 My appointment expires: Cc -Z."z -z.oo z Dated: 1,, /21 /-z.oo 7 ii Mike Skiles -Lowe's HIW VP Real Estate CORPORATE FORM OF ACKNOWLEDGMENT STATEOFWASH!NGTON )ss COUNTY OF KING ) On this ___ day of ______ ,, 19 , before me personally appeared ,-------------:0,.<..-------:c-,---'to me known to be of the corporation that executed the within instrumen d acknowledge the said instrument to be the free and voluntary act and dee f said corporation, for the uses and purposes therein ',J rentioned, and each oath stated that he/she was authorized to execute said ) ,., . A).)/ p)P" _nstrument and t the seal affixed is the corporate seal of said corporation. a7~LP p}:( Not ublic in and for the State of Washington /',-tary (Print) ______________ _ My appointment expires: ____________ _ Dated: C:\Document.s and Settings\A.Elias\Local Settings\Temporary Internet Files\OLK.28C\new easement agreement(revl) (2).doc Page J FORM 03 OOIJ/bh/CA2-21-97 CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of California County of On Ph II. ~t?IJZ before me, <k,e1t,7/,(}£ &w&ntiro, ,Vp,#iE!Y &&.ts Data Name and TIiie of Officer (e.g., "Jane Doe, Notary Pubhc") personally appeared ll{th#I-,!:.?-A, 5,G,r ES Name(s) of Sigoor(s) ~sonally known to me D proved to me on the basis of satisfactory evidence to be the personfel whose name(ej is/Me subscribed to the within instrument and acknowledged to me that he/~ executed the same in hisil>eFAAeir authorized capacity~, and that by his/aefl#,ejr signature(-! on the instrument the person(<>), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. c:?~ba:d3C "i;griatura 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 fraudulenr removal and reattachment of this form ro another document. Description of Attached Document Title or Type of Document: Jt 7iL....; rte 5 ?flSeA{l!:.vr /h,e,t1l)/)1c,U / Document Date: Number of Pages: ____ _ Signer(s) Other Than Named Above:---------------------- Capacily(ies) Claimed by Signer Signer's Name:------------------------- D Individual Top of thumb here D Corporate Officer -Title(s): _________________ _ D Partner -D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other:------------------------- Signer Is Representing.: ______________________ _ @ 1999 National Notary Association• 9350 De Soto Ave .. P.O. EklK 2402 • Ctiatsworth, CA 91313-2402 • www.na1iooalnotary.org Prod. No. 5907 Reorder: can Toll-Free 1-800-876-6827 EXIDBITA PARCEL DESCRIPTION Lot 2 in City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington. EXHIBITB EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Auditor's tile No. 8809230146, records of King County, Washington, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington, described as follows: Commencing at the Northeast comer of said Lot 2; Thence South 49°05'06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31 °53 '55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of23.70 feet; Thence South 71°59'30" West for a distance of5.00 feet; Thence South 18°00'30" East for a distance of364.50 feet; Thence North 71 °59'30" East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 465.30 feet to the Northerly line ofright- of-way dedicated to the City of Renton in instrument recorded under King County Auditor's file No. 20061013000375, being a point on a non-tangent curve concave to the Northeast having a radius of36.00 feet from which a radial line of said curve bears North 24°27'39" East; Thence Northerly and Westerly along said curve for an arc length distance of30.62 feet through a central angle of 48°44' 11 "; Thence South 68°32'59" West for a distance of8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of 769.85 feet; Thence continuing along said Easterly margin at North 08°39' 15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31 °53'55" East along said Southerly margin for a distance of 16.14 feet to the True Point of Beginning. • ' EXHBIT MAP ·c· sHEET 1 / / An Engineering Services Company SCALE: 1" ; 200' FILE: 5770-EXH.DW<l \ \ <)l \~ \~ \\ 0 100 200 400 \ §, ~~:..~~~~ ~ Scale In Feet 1 ~ t ~ \ \ 7 50 Sixth Street South Kirkland, WA 98033 p. 425.827.2014 I f. 425.827.5043 CivU I Structural I Planning I Survey paceengrs.com DATE: 11 9 oe 0MB PROJ. NO.: 05770.14 EXHIBIT MAP .,,(1' SHEET 2 / .~ Vs-, S18'00'30"E ,'if 23.70 ci / ~S71'59'JO"W \ 5.00 \ \ LOT 2 ~ \ \ \ \ \ SP /I LUA-06-080SHPL REC. If 20061011900007 \ )\· \ '5, (i) ~ \t \ ~\ ~· \ ~i \ \ ~~ \ \ -Y:' \ . \ \ ~~ \ -z;. \ 0~~30::;;_iiiii6~0~~~~120 ',,· \\ \ / ~1l~Sg'JO"E Scole In Feet \ An Engineering Services Company SCALE: 1• = 60' FILE: \5770-EXH.OWG 750 Sixth Street South Kirkland, WA 98033 p. 425.827 .20141 f. 425.827 .5043 ...................................................... Civil I Structural I Planning I Survey paceengrs.com DA1E: 1!/9/06 DMB PROJ. NO.: 05770.14 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT AMENDMENT Property Tax Parcel Number: 082305-9231 Project File#: U060107 & B060553 Street Intersection or Project Name: Reference Number(s) of Documents assigned or released: 198809230146 Grantor(s): Grantee(s): I. Lowe's HIW Inc. I. City of Renton, a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THAT PORTION OF THE UTILITIES EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 LYING WITHIN THE PROPERTY DESCRIBED IN EXHIBIT A, TOWIT: Lot2 of City of Renton Short Plat LUA -060-080-SHPL, as recorded under King County Rec. No. 20061011900007, situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton, King County, Washington. THE EASEMENT AREA ON THE SUBJECT PARCEL IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT B AND !LLUSTRA TED IN EXHIBIT MAP "C" SHEETS l &2. TOGETHER WITH THE RIGHTS ENJOYED BY THE GRANTEE PURSUANT TO THE ORIGINAL EASEMENT THIS EASEMENT AMENDMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Lowe's agrees to design and install a shoring system to protect the existing 72-inch storm pipe. As part of the construction of the building, a shoring system shall be installed along the face of the building foundation (between the 72-inch pipe and the building) at an appropriate depth below the existing 72-inch storm pipe to provide shoring for future repair or replacement of the 72-inch storm pipe. The shoring system shall be designed by a licensed engineer and reviewed and approved by the City. The design must include a structural analysis accounting for soil type, soil pressure due to the weight of the soil and the building, depth of shoring required, assuming the pipe is replaced and other factors necessary to adequately design a shoring system. The shoring system must be able to withstand the combined load from the building and soil pressure as well as consider ground water effects (buoyancy forces). The shoring system must be corrosion resistant and maintain its structural integrity for sufficient duration (50 to I 00 years). Interlocking steel sheet piles are an acceptable material, provided they are H:\File Sys\PRM -Property Services Administration\PRM-30-Easements\0001 -Amendments\1'98809230146\Easement Amendment.doc Page I FORM 03 001llbh/CA2-21-97 designed to maintain their structural strength for 50 to 100 years. Another option is a cast in place concrete reinforced wall. The shoring system will need to span the entire length of the building's west wall, with an additional IO feet beyond the end of the wall. The proposed shoring shall be placed adjacent to the amended easement line to maximize the separation between the 72-inch pipe and the proposed shoring system such that a minimum of 2 to 3 feet of separation is provided between the pipe and the amended easement line. 2. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest comers of the building. All remaining portions of the existing easement for the 72- inch storm pipe shall remain a width of 20 feet. 3. Prior to construction of the building or installation of the required shoring, the development proponent or representative shall TV inspect the existing 72-inch storm line adjacent to where the proposed building wall and required shoring is to be constructed to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and on site when TV inspections (pre and post-construction) are performed. 4. During construction of the building shoring, the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system, closest to the wall construction, shall be monitored for any settlement, along with the surface area above the pipe. 5. If the pipe is damaged or settlement occurs during construction or if damage or settlement is identified within one year following final occupancy, the developer will be responsible to repair the damage or settlement to City standards. 6. If the City has to replace or reconstruct the pipe in the area where the existing easement is being reduced, and the City incurs additional costs due to the reduced easement width and lack of the building set back from the easement as required, the property owner agrees to pay the additional cost as identified by the City. H:\file Sys\PRM -Property Services Administration\PRM-30 -Easements\0001 -Amendments\198809230146\Easement Amendment.doc Page 2 FORM 03 0013/bh/CAl-21-97 / 0 / EXHIBIT MAP "C" SHEET 2 .~ V., s1a·oo·3o"E ·"' 23.70 .... t; \ ~s11·59•3o·w \ 5.00 \ \ LOT 2 ~ \ \ \ \ SP (I LUA-06-080SHPL REC. (I 20061011900007 30 60 \ \ \ o. '~ \~ \O. "' ,~ \ ]' \ '6. G)* ,~ \ .,.,\ . .,, ,_ t· \ ~~ \ \ ~\ \ \ ~\ \ \ ~~ \ . \ -z. \ Scale In Feet 120 \~ \ \( ;~"''~' 750 Sixth Street South ~ Kirkland, WA 98033 (PACE :;-~~tt~:~~~;/:1~::~~:~:~:::y An Engineering Services Company paceengrs.com SCALE: 1" = 60' FILE: \5770-EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 EXHIBIT MAP ·c" SHEET 1 / / (1 An Engineering Services Company SCALE: 1" = 200' FILE: 5770-EXH.OWG \ \ 100 200 Scale In Feet \ 750 Sixth Street South Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 Civil I Structural I Planning I Survey paceengrs.com 400 I DATE: 11 9 06 0MB PROJ. NO.: 05770.14 EXHIBITB EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Auditor's file No. 8809230146, records of King County, Washington, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington, described as follows: Commencing at the Northeast comer of said Lot 2; Thence South 49°05'06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31 °53 '55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of23.70 feet; Thence South 71 °59'30" West for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 364.50 feet; Thence North 71 °59'30" East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 465.30 feet to the Northerly line ofright- of-way dedicated to the City of Renton in instrument recorded under King County Auditor's file No. 20061013000375, being a point on a non-tangent curve concave to the Northeast having a radius of 36.00 feet from which a radial line of said curve bears North 24°27'39" East; Thence Northerly and Westerly along said curve for an arc length distance of 30.62 feet through a central angle of 48°44' 11 "; Thence South 68°32'59" West for a distance of 8.33 feet to the Easterly margin of Garden A venue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of769.85 feet; Thence continuing along said Easterly margin at North 08°39' 15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31 °53'55" East along said Southerly margin for a distance of 16.14 feet to the True Point of Beginning. EXHIBIT A PARCEL DESCRIPTION Lot 2 in City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~&:t~&'S.:~~('5:<',¢<'.c:§'.c<:'.~~~A:;<JQC:~<>cf'M,e,('@kym .... 'X'.§:(X-;<',E()-.Q',C:<)V'.'MKK-,§t&'("...&f:.~.:&...<.:..:.--.~~-'S..'12.:Q. State of California County of --~~·r_··'-'-/'-v-· -'=-2"_11_t:_::_r;~,'~--------} ss. On personally Date appeared before CHRISTINE KAWAM010 ~-···········( ~ Commission# 1441260 ~ ·• Notary Public • Ccdlfolna f j ~. San D~ Cowlly ( C C U :VS°':1·uexr:85u5ee 2t~1 Place Notary Seal Above me, L,//,''•''< .. -· •/, Ak ·• r,•_,,,t/,{_,::_ ,.'\/t/18/1,///.r; /W·,.-7:-7"..·/ Nam~ and Title of Officer {e.g., 'Jane ~e. Notary Public'') Name(s) of Signer(s) U'jl~rsonally known to me D proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/affi subscribed to the within instrument and acknowledged to me that he/she.4"1ay executed the same in his/RGrltheir authorized capacity(ws), and that by his/llerltllair signature(s) on the instrument the person(s-), or the entity upon behalf of which the person(s-) acted, executed the instrument. WITNESS my hand and official seal. {/~:i fi d;>?c,'-i Signa1ure 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. Description of Attached Document litle or Type of Document: _______________________________ _ Document Date: _____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: --------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ______________ _ D Individual C Corporate Officer -Title(s): ________ _ n Partner -D limited rJ General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ D Individual D Corporate Officer -Title(s): C Partner -:J Limited [! General D Attorney in Fact n Trustee l.J Guardian or Conservator C Other: ________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6627 IN WITNESS ~EREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this --~/~g_dayof ,~«tJ!L'/: ,20!2_? . .,/(uJ-,, ~ ,,,,,,,' MA Yof=ikathy Keolker CITY CLERK Bonnie I. Wlaton SJ ATE OF W ASHlNGTON ) ,:COUNTY OF KING ) SS I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authoriz.ed to execute the instrument and acknowledged it as the MAYOR, and the CITY CLERK, CITY OF RENTON, to be the free and volunt act of such parties for the "tJ and purposes mentioned in the instrument. ., A Set 1 , IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below, '1((_ r ,,-J v,C'~d16c,,,, 1i, .9Jtt, Notary Seal must be within box CORPORATE FORM OF ACKNOWLEDGMENT STATEOFWASHINGTON )ss COUNTY OF KING ) / On this ___ day of ____ ~~,,'1'9 __ , before me personally appeared .,./~ ----------,?""'-------------to me known to be of the corporation that executed the within · ument, and acknowledge the said instrument to be the free l./ 1 .. ,V and voluntary a d deed of said corporation, for the uses and purposes therein \ L 1-l" . (' mentioned d each on oath stated that he/she was authorized to execute said · ~ · ., (,. l ..--,:: l £ i instru nt and that the seal affixed is the corporate seal of said corporation . .., .,(,] Vf• . l l 1"' ,t Notary Public in and for the State of Washington ,, Notary (Print) _______________ _ My appointment expires: ____________ _ Dated: H:\File Sys\PRM -Property Services Administration\PRM-30 -Easements\000 I -Amendments\ 18809230146\Easement Amendment.doc Page 3 FORM 03 0013/bh/CA2-21-97 Jamiary 8, 2007 Plat: Amberwood II, NE 4th St, FP-06-059 EDNSP: Multi-Family Housing Property Tax Exemption, The Sanctuary EDNSP: Multi-Family Housing Property Tax Exemption, The Reserve Latecomer Agreement: Lakeridge Development, Liberty Grove, LA-05-002 CAG: 06-023, Airport #790 Building Construction, Lincoln Construction Utility: Garden Ave N & Park Ave N Retail Building, Lowe's HIW Inc Utilities Easement Amendment L u A -iW:,u~: Chi -:/ /· c,,. Separate Consideration Item 7.d. City Clerk: Interim Official Newspaper, Renton Reporter Added CORRESPONDENCE Citizen Comment: Oliphant - East Renton Plateau PAA Prezoning Renton City Council Minutes Page9 98058 (term expires 12/31/2008); Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056 (12/31/2007); Vern Nichols, 194 Monterey PL NE, Renton, 98056 (12/31/2008); Charles Thomas, 4408 NE I Ith St., Renton, 98059 (12/31/2007); and Lari White, 1315 S. Puget Dr., C-21, Renton, 98055 (12/31/2008). Council concur. Development Services Division recommended approval, with conditions, of the Amberwood II Final Plat; 17 single-family lots on 4.2 acres located at 6135 NE 4th St. Council concur. (See page 12 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended approval of the multi-family housing property tax exemption agreement for The Sanctuary project; near intersection ofN. 10th St. and Park Ave. N. Refer to Planning and Development Committee. Economic Development, Neighborhoods and Strategic Planning Department recommended approval oftbe multi-family housing property tax exemption agreement for The Reserve project; near intersection of Park Ave. N. and Logan Ave. N. Refer to Planning and Development Committee. Technical Services Division requested final approval of the 15-year Liberty Grove latecomer agreement submitted by Lakeridge Development, Inc. for sewer main extension at 160th Ave. SE and SE 136th St., and requested authorization for staff to finalize the agreement per City Code. Council concur. Transportation Systems Division submitted CAG-06-023, Airport Quonset Hut Building #790 Construction; and requested approval of the project, authorization for final pay estimate in the amount of $3,862.40, commencement of60-day lien period, and release ofretained amount of$7,033.40 to Lincoln Construction, Inc., contractor, if all required releases are obtained. Council concur. Utility Systems Division recommended approval of a utilities easement amendment granted by Lowe's HIW Inc. which modifies the existing City storm drainage easement for Lowe's proposed retail building in the vicinity of Garden Ave. N. and Park Ave N. Council concur. MOVED BY NELSON, SECONDED BYLAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.d. FOR SEPARATE CONSIDERATION. CARRIED. City Clerk requested approval to designate the Renton Reporter as the City's interim official newspaper, as the King County Journal is ceasing publication. Councilmember Persson expressed concern regarding the delivery performance and publishing schedule of the Renton Reporter. Reporting that the City is going out for bid to determine the official newspaper, Mayor Keolker assured that the matter will be brought back to Council if there are problems with the Renton Reporter in the interim. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL APPROVE ITEM 7.d. AS PRESENTED. CARRIED. (See page 12 for resolution.) A letter was read from Anita and Richard Oliphant, 16519 SE 145th St., Renton, 98059, acknowledging the workable solution of the East Renton Plateau Citizen Task Force and City staff regarding prezoning for the East Renton Plateau Potential Annexation Area. They expressed concern regarding high-density development, and recommended that Council approve the proposed prezoning. C ' OF RENTON COUNCIL AG END.. ILL I AI#: =1 .. i . . ) Submitting Data: Planning/Building/Public Works For Agenda of: January 8, 2007 Dept/Div/Board .. Utility Systems Division/Surface Water Utility Staff Contact.. .... Ron Straka ( ext. 7248) Agenda Status: Allen Quynn ( ext. 724 7) Consent.. ............ X Subject: Public Hearing .. Easement amendment to modify existing City storm Correspondence .. drainage easement for Lowe's proposed retail building. Ordinance ............. Resolution ............ Old Business ........ Exhibits: New Business ....... Issue Paper Study Sessions ...... Amended Easement Information ......... Recommended Action: Approvals: Council Concur Legal Dept.. ...... . X Finance Dept.. .. .. Other ............ . Fiscal Impact: NIA Expenditure Required .. . Transfer/ Amendment. .... .. Amount Budgeted ...... . Revenue Generated ........ . Total Project Budeet City Share Total Proiect.. SUMMARY OF ACTION: Lowe's is proposing to build a new retail store at the south end of Lake Washington (east of Garden Avenue North and south of Park Avenue North), and has requested that the City release a portion of an existing drainage easement that is in conflict with the building footprint. Specifically, the west side of the building foundation encroaches on the easterly 5 feet of the existing 20-foot wide storm drainage easement. The drainage easement is granted to the City for the purpose of maintaining a 72-inch storm pipe that runs along the east side of Garden Avenue North. Surface Water Utility, Maintenance, and Development Services staffs have reviewed the request and have determined that a reduced easement width of 15 feet will provide the necessary area for maintenance and future replacement of the 72-inch pipe, and recommend approval of the request provided six requirements are satisfied. These requirements are listed as conditions on the easement amendment document that will release the City's interest in the easterly 5 feet of the drainage easement. The conditions are designed to ensure the 72-inch storm pipe will be protected during the construction of the building, and that Lowe's will be responsible for any costs to repair or replace the pipe as a result of the reduced easement. STAFF RECOMMENDATION: Approve the easement amendment modifying a portion of the City's existing drainage easement from 20 feet to 15 feet to allow Lowe's proposed building to encroach into the easterly 5 feet of the easement. H:\File Sys\SWP -Surface Water Projects\SWP 27-Surface Water Projects (Plan Review)\27-3354 Lowe's Storelagendabill.doc\RSmd DATE: TO: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM December 22, 2006 Toni Nelson, Council President Members of the Renton City Council VIA: Y.-, Kathy Keolker, Mayor tµ,P-Gregg Zimmermru{)Aiinistrator FROM: STAFF CONTACT: SUBJECT: ISSUE: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn, Surface Water Engineer (ext. 7247) Easement amendment to modify existing City storm drainage easement for Lowe's proposed retail building Should the City sign an easement amendment that would reduce the width of the City's existing drainage easement from 20 feet to 15 feet to accommodate Lowe's proposed retail building? RECOMMENDATION: Authorize the Mayor and City Clerk to sign the easement amendment modifying a portion of the City's existing drainage easement from 20 feet to IS feet to allow Lowe's proposed retail building to encroach into the easterly S feet of the easement. BACKGROUND SUMMARY: Lowe's is proposing to build a new retail store at the south end of Lake Washington (east of Garden A venue North and south of Park A venue North), and has requested that the City amend an existing drainage easement that is in conflict with the proposed building footprint. Specifically, the west side of the building foundation encroaches on the easterly S feet of the existing 20-foot wide storm drainage easement. The drainage easement is granted to the City for the purpose of maintaining a 72-inch storm pipe that runs along the east side of Garden Avenue North. Surface Water Utility, Maintenance, and Development Services staffs have reviewed the request and have determined that a reduced easement width of IS feet will provide the necessary area for maintenance and future replacement of the 72-inch pipe, and recommend approval of the request provided six requirements are satisfied. These Easement Amendment for L December 22, 2006 Page 2 of3 , Proposed Building requirements are listed as conditions on the easement amendment document that will release the City's interest in the easterly 5 feet of the drainage easement. The conditions are as follows: 1. Lowe's agrees to design and install a shoring system to protect the existing 72- inch storm pipe. As part of the construction of the building, a shoring system shall be installed along the face of the building foundation (between the 72-inch pipe and the building), at an appropriate depth below the existing 72-inch storm pipe, to provide shoring for future repair or replacement of the 72-inch storm pipe. The shoring system shall be designed by a licensed engineer, and reviewed and approved by the City. The design must include a structural analysis accounting for soil type, soil pressure due to the weight of the soil and the building, depth of shoring required, assuming the pipe is replaced, and other factors necessary to adequately design a shoring system. The shoring system must be able to withstand the combined load from the building and soil pressure, as well as consider ground water effects (buoyancy forces). The shoring system must be corrosion resistant and maintain its structural integrity for sufficient duration (50 to 100 years). Interlocking steel sheet piles are an acceptable material, provided they are designed to maintain their structural strength for 50 to I 00 years. Another option is a cast in place concrete reinforced wall. The shoring system will need to span the entire length of the building's west wall, with an additional 10 feet beyond the end of the wall. The proposed shoring shall be placed adjacent to the amended easement line to maximize the separation between the 72-inch pipe and the proposed shoring system, such that a minimum of 2 to 3 feet of separation is provided between the pipe and the amended easement line. 2. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest corners of the building. All remaining portions of the existing easement for the 72-inch storm pipe shall remain a width of20 feet. 3. Prior to construction of the building or installation of the required shoring, the development proponent or representative shall TV inspect the existing 72-inch storm line, adjacent to where the proposed building wall and required shoring is to be constructed, to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and will be onsite when TV inspections (pre and post-construction) are performed. 4. During construction of the building shoring, the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system, closest H:\File Sys\SWP -Surface Water Projects\SWP 27-Surface Water Projects (Plan Review)\27-3354 Lowe's Storellssue Paper.DOCIRSmd Easement Amendment for Lo December 22, 2006 Page 3 of3 Proposed Building to the wall construction, shall be monitored for any settlement, along with the surface area above the pipe. 5. If the pipe is damaged or settlement occurs during construction, or if damage or settlement is identified within one year following final occupancy, the developer will be responsible to repair the damage or settlement to City standards. 6. If the City has to replace or reconstruct the pipe in the area where the existing easement is being reduced, and the City incurs additional costs due to the reduced easement width and lack of the building set back from the easement as required, the property owner agrees to pay the additional cost as identified by the City, These conditions are designed to ensure the 72-inch storm pipe will be protected during the construction of the building and that Lowe's will be responsible for any costs to repair or replace the pipe as a result of the reduced easement. Enclosed is the Utilities Easement Amendment, which has been signed by Lowe's. CONCLUSION: The Planning/Building/Public Works Department recommends the City Council authorize the Mayor to sign the easement amendment modifying a portion of the City's existing drainage easement from 20 feet to 15 feet to allow Lowe's proposed retail building to encroach into the easterly 5 feet of the easement. cc: Lys Hornsby, Utility Systems Director H:\file Sys\SWP -Surface Water Projects\SWP 27-Surface Water Projects (Plan Review)\27-3354 Lowe's Store\lssue Paper.DOC\RSmd Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT AMENDMENT Property Tax Parcel Number: 082305-9231 Project file#: U060107 & 6060553 Street Inter,ection or Project Nrune: Reference Number(s) of Documents assigned or released: 198809230146 Grantor(s): Grantee(s): I. Lowe's HIW Inc. I. City of Renton, a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THAT PORTION OF THE UTILITIES EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 LYING WITHIN THE PROPERTY DESCRIBED IN EXHIBIT A, TOWIT: Lot2 of City of Renton Short Plat LUA --060-080-SHPL, as recorded under King County Rec. No. 20061011900007, situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton, King County, Washington. THE EASEMENT AREA ON THE SUBJECT PARCEL IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT B AND ILLUSTRATED IN EXHIBIT MAP "C" SHEETS I &2. TOGETHER WITH THE RIGHTS ENJOYED BY THE GRANTEE PURSUANT TO THE ORIGINAL EASEMENT THIS EASEMENT AMENDMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Lowe's agrees to design and install a shoring system to protect the existing 72-inch storm pipe. As part of the construction of the building, a shoring system shall be installed along the face of the building foundation (between the 72-inch pipe and the building) at an appropriate depth below the existing 72-inch storm pipe to provide shoring for future repair or replacement of the 72-inch storm pipe. The shoring system shall be designed by a licensed engineer and reviewed and approved by the City. The design must include a structural analysis accounting for soil type, soil pressure due to the weight of the soil and the building, depth of shoring required, assuming the pipe is replaced and other factors necessary to adequately design a shoring system. The shoring system must be able to withstand the combined load from the building and soil pressure as well as consider ground water effects (buoyancy forces). The shoring system must be corrosion resistant and maintain its structural integrity for sufficient duration (50 to 100 years). Interlocking steel sheet piles are an acceptable material, provided they are H:\File Sys\PRM -Property Services Administration\PRM-30 -Easements\0001 -Amendments\193809230146\Easement Amendment.doc Page I FORM 03 0013/bhlCA2-21·97 designed to maintain their structural strength for 50 to 100 years. Another option is a cast in place concrete reinforced wall. The shoring system will need to span the entire length of the building's west wall, with an additional 10 feet beyond the end of the wall. The proposed shoring shall be placed adjacent to the amended easement line to maximize the separation between the 72-inch pipe and the proposed shoring system such that a minimum of 2 to 3 feet of separation is provided between the pipe and the amended easement line. 2. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest comers of the building. All remaining portions of the existing easement for the 72- inch storm pipe shall remain a width of 20 feet. 3. Prior to construction of the building or installation of the required shoring, the development proponent or representative shall TV inspect the existing 72-inch storm line adjacent to where the proposed building wall and required shoring is to be constructed to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and on site when TV inspections (pre and post-construction) are performed. 4. During construction of the building shoring, the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system, closest to the wall construction, shall be monitored for any settlement, along with the surface area above the pipe. 5. If the pipe is damaged or settlement occurs during construction or if damage or settlement is identified within one year following final occupancy, the developer will be responsible to repair the damage or settlement to City standards. 6. If the City has to replace or reconstruct the pipe in the area where the existing easement is being reduced, and the City incurs additional costs due to the reduced easement width and lack of the building set back from the easement as required, the property owner agrees to pay the additional cost as identified by the City. H:\File Sys\PRM -Property Services Administration\PRM-30-Easements\0001 -AmendmenG\198809230146\Easement Amendment.doc Page 2 FORM 03 00!3/bh/CA2-21-97 IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this ______ day of ,20_. MAYOR CITY CLERK STA TE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authori:zed to execute the instrument and acknowledged it as the MAYOR, and the CITY CLERK, CITY OF RENTON, to be lhc ft-cc and voluntary act of such 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: IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. ,A. / tf(. l .XJ Pre" mtS±-< 1-'/, .Re ct~ Notary Seal must be within box CORPORATE FORM OF ACKNOWLEDGMENT STA TE OF WASHINGTON ) SS COUNfY OF KING ) On this ___ day of ____ __,..0 _. before me personally appeared _________ ....,,...:::._ ___________ to me known to be of the corporation that 1 executed the within · ent, and acknowledge the said instrument to be the free f /' and voluntary d deed of said corporation, for the uses and purposes therein ii. I mentioned d each on oath stated that he/she was authorized to execute said , ~# µ ,l in nt and that the seal affixed is the corporate seal of said corporation. r, Notary Public in and for the State of Washington Notary (Print), _____________ _ My appointment expires:. ____________ _ Dated: H:\File Sys\PRM · Property Services Administration\PRM-30-Easements\0001 -Amendments\18809230146\Easement Amendment.doc Page3 FORM 03 0013/bh/CA2-21-97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ----"J,--'-'f/-.:c,(.,:.::· _' c=l)::..:· '-=[=-::6:::""-'------ On /.2 /1 '/ /f 4, 1 Date before me, personally appeared Place Notary Seal Above Name(s) of Signer(s) ITjSersonally known to me D proved to me on the basis of satisfactory evidence to be the person(8) whose name{6J is/af8-subscribed to the within instrument and acknowledged to me that he/sAellAey executed the same in his/h8r'tl>eir authorized capacity(i96), and that by his/herAAeir signature(s, on the instrument the person(s,, or the . entity upon behalf of which the person{6J acted, executed the instrument. WITNESS my hand and official seal. ? -· {. /(4 -t'r ,/,?,( r15 Signature of Notary Public OPnONAL~~~~~~~~~~~ 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. Description of Attached Document TIiie or Type of Document:------------------------------ Document Date: ___________________ Number of Pages: _______ _ Signer(s) Other Than Named Above:--------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHT THur.mPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHT THUr.mPRINT OF SIGNER Top of thumb here C 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-SQ0-876-6827 EXIDBITA PARCEL DESCRIPTION Lot2 of City of Renton Short Plat LUA -060-080-SHPL, as recorded under King County Rec. No. 20061011900007, situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W. M., in the City of Renton, King County, Washington. EXHIBITB EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Rec. No. 8809230146, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Rec. No. 20061011900007, described as follows: Commencing at the Northeast comer of said Lot 2; Thence South 49°05'06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31 °53 '55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of23.70 feet; Thence South 71 °59'30" West for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 364.50 feet; Thence North 71 °59'30" East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 465.30 feet to the Northerly line ofright- of-way dedicated to the City of Renton in instrument recorded under King County Auditor's file No. 200610130003 75, being a point on a non-tangent curve concave to the Northeast having a radius of 36.00 feet from which a radial line of said curve bears North 24°27' 39" East; Thence Northerly and Westerly along said curve for an arc length distance of 30.62 feet through a central angle of 48°44' 11 "; Thence South 68°32'59" West for a distance of 8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of 769.85 feet; Thence continuing along said Easterly margin at North 08°39' 15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31 °53 '55" East along said Southerly margin for a distance of 16.14 feet to the True Point of Beginning; All situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton, King County, Washington. / EXHIBIT MAP "c" sHEET, (1*ACE An Engineering Services Co"""°y \ \ 100 200 Scale In Feet \_-&!:>,o' \ \ \ \ \ 750 Sixth Street South Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 Civil I Structural I Planning I Survey paceengrs.com 400 I SCALE: 1" = 200' FILE: 5770-EXH.OWG DATE: 11 9 06 01!8 PROJ. NO.: 05770.14 / 0 I / EXHIBIT MAP "c' SHEET 2 .~ V"> S1B"00'30"E kJ 2.5. 70 ... c;, \ ~S71'59'.50"W \ 5.00 LOT 2 ~\ \ \ \ \~ SP # LUA-06-080SHPL REC. I 20061011900007 .30 60 \ \~ \ )\· \i \ '6, G> ~ \'6;. \ .,.,, .,.,. ,_ f· \ ~i \ \ ~\ \ \ ~\ \ ~~ \ \ . \ -z;. \ Scale In Feet 'l' \ \ 'c( ;~"' An Engineering Services Co~any 750 Sixth Street South Kirkland, WA 98033 p. 425.827.20141 ,. 425.827.5043 Civil I Structural I Planning I Survey paceengrs.com SCALE: 1" = 60' FILE: \5770-EXH.OWG OATE: 11/9/06 0MB PROJ. NO.: 05770.14 EXHIBIT A PARCEL DESCRIPTION Lot 2 in City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No.20061011900007, records of King County, Washington. EXHIBITB EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Auditor's file No. 8809230146, records of King County, Washington, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington, described as follows: Commencing at the Northeast comer of said Lot 2; Thence South 49°05'06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31 °53'55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of23.70 feet; Thence South 71 °59'30" West for a distance of5.00 feet; Thence South 18°00'30" East for a distance of364.50 feet; Thence North 71 °59'30" East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 465.30 feet to the Northerly line of right- of-way dedicated to the City of Renton in instrument recorded under King County Auditor's file No. 20061013000375, being a point on a non-tangent curve concave to the Northeast having a radius of 36.00 feet from which a radial line of said curve bears North 24°27'39" East; Thence Northerly and Westerly along said curve for an arc length distance of30.62 feet through a central angle of 48°44'11 "; Thence South 68°32'59" West for a distance of 8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of769.85 feet; Thence continuing along said Easterly margin at North 08°39' 15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31 °53'55" East along said Southerly margin for a distance of 16.14 feet to the True Point of Beginning. EXHIBIT MAP "C" SHEET 1 / / (1 An Engineering Services Company SCALE: 1" = 200' FILE: 5770-EXH.DWG 100 200 Scale In Feet \ 750 Sixth Street South Kirkland, WA 98033 p. 425.827.2014 I ,. 425.827.5043 Civil I Structural I Planning I Survey paceengrs.com 400 DATE: 11 9 06 0MB PROJ. NO.: 05770.14 / / 0 EXHIBIT MAP "C" SHEET 2 \ 30 60 \ \ Scale In Feet 120 S18'00' 30"E 23.70 S71 '59' 30"W \ 5.00 \ \ \ '~ \~ ,<ei • .... ~ \t \8· \ \ \ LOT 2 SP # LUA-06-0BOSHPL REC. # 20061011900007 \ \ Civil I Structural I Planning I Survey An Engineering Services CorTl)!lny paceengrs.com SCALE: 1" = 60' FILE:\5770-EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 "\ Law Department Approved WHEN RECORDED MAIL TO: WHEN RECORDED RETURN TO: Office of tht City Clerk Renton City Hall £{TY OF RENTON EAS 37 ee ~"GEee I OF eee . 1055 South Grady Way Renton, WA IIIOl5 Kl8/19/2886 IS:39 ING COUNTY, UA E2244400 11/19/2886 IS:38 KING COUNTY, I.IA TAX SSS.40 SALE $3,eee.ee Memorandum of Easement GRANTOR: GRANTEE: BNSF RAILWAY COMPANY CITY OF RENTON PAGE001 OF 801 Abbreviated Legal Description: Part of the NWY. of Section 8, Township 23 North, Range 5 East of the Willamette Meridian, King County, Washington Assessor Property Tax Parcel Account Numbers: (None Railroad Right of Way) THIS MEMORANDUM OF EASEMENT is hereby executed this I ~ay of Qc::z:Dei,e:12.,.. , 2006', by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor''), whose address for purposes of this instrument is 2500 Lou Menk Drive. Fort Worth, Texas 76131, and CITY OF RENTON, a Washington municipal corporation ("Grantee"), whose address for purposes of this instrument is 1055 S. Grady Way, Renton, WA 98057, which terms "Granter" and "Grantee" shall include, wherever the context permits or requires. singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Granter owns or controls certain real property situated in King County, Washington as described on Exhibit "A and A-1" attached hereto and incorporated herein by reference (the "Premises'): WHEREAS, Granter and Grantee entered into an Easement Agreement, dated October \ Cc . 2006, (the "Easement Agreement") which set forth, among other things, the terms of an easement granted by Granter to Grantee over and across a portion of the Premises (the "Easement"); and WHEREAS, Granter and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Granter does grant unto Grantee and Grantee does hereby accept from Granter the Easement over and across the Premises. BNSF 04286 Renton, WA Page 1of 4 Law Department Approve The tenn of the Easement, unless sooner terminated under prov1s1ons of the Easement Agreement, shall be perpetual. Provisions regulating the use and purposes to which the Easement shall be limited, are set forth in detail in the Easement Agreement and Grantor and Grantee agree to abide by the terms of the Easement Agreement. All the tenns, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. STATE OF TEXAS § § COUNTY OF TARRANT § GRANTOR: BNSF RAILWAY COMPANY a Delaware corporation By: Name: Dalen E. Wintermute Title: Manager-Land Revenue Management On this I (gft..-day of Odnbe ( , 2006, before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared Dalen E. Wintermute, to me known to be the Manager-Land Revenue Management, of BNSF Railway Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixe~ y and year first above written. ------------ RHONDA BURTON My Commission Expires September 21. 2008 BNSF 04286 Renton, WA • • Not ry Public i~ for the State of Texas Res~g at: C~, k, "J My app;intment expires: 9,/.LJ.~o& Y Page 1of 4 r Law Department Approved ACCEPTED BY: GRANTEE: THE CITY OF RENTON, a Washington municipal ~~~ STATE OF WASHINGTON § § ss. COUNTY OF K; Da § (I"' On this ;;;lt,l""-day of "'),<co'lem\:;,«.r , 200k_, before me, the undersigned, a Notary Public in and for the State of Mf:b '""'-\<>D , duly commissioned and sworn, personally appeared ~~ C:,mm«-rmn c and ~ , to me known to be the ffi YY' 1 y,,= 6, and , respectively, of I\'.\P <'...1\-.1 e,~34>s,\.oo }'1:,~l.0 , the corporation that accepted the foregoing instnmient, ahd acknowledgeb the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to accept said instrument for said corporation. Exhibit "B" Witness my ~~~,awj 1official seal hereto affixed the day and year first above written. ,..,,"1..-<NN 11 11 , ~~=·~~ (4,,~. ' '--7'], 1= lfa/J,:1v:«x-a f '=//;oTA.,t~~1 Notary Publicorthe st"of Washington ;_ ;o _ • _ ~ Residing al:1Q<!, \ (C \.0 \'.\ ~ 'i = ~ ) ~~\ .. c. : -I ~ .,.i,~ ~.(118\.~C> f~E My appointment expires: .SJ 1C\ \ ID .,,, .~:.,,., ~.._ 'E ,,,,,o,;.'w,.2$ If 111\\\\\"'"" Page 3 of4 Law Department Approved EXHIBIT "A" and "A-1" Exhibit "B" Page 4 of 4 • EXHIBIT A ROADWAY EASEMENT ALL EXISTING RIGHT-OF-WAY INFORMATION IS TAKEN FROM A QUITCLAIM DEED FOR STREET PURPOSES FOR HOUSER WAY NORTH, DATED JULY 14 TH, 1965 AND RECORDED UNDER KING COUNTY AUDITOR'S FILE NO, 5928976. A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OPPOSITE AND 30.00 FEET LEFT OF THE CENTERLINE STATION 26+40. 79 OF HOUSER WAY, BEING A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 202.00 FEET, WHOSE CENTER BEARS NORTH 80°04' 14" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.75 FEET THROUGH A CENTRAL ANGLE OF 8°26' 18"; THENCE NORTH 38°56'31" EAST A DISTANCE OF 25.59 FEET TO THE INTERSECTION OF THE SOUTH MARGIN OF SAlD HOUSER WAY WITH THE EAST MARGIN OF A 65.00 FOOT WIDE RAILROAD RIGHT-OF-WAYLINEAT A PONT ON A CURVE TO THE RIGHT WITH A RADIUS OF 140.00 FEET, WHOSE CENTER BEARS NORTH 42°44'56" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 12.55 FEET THROUGH A CENTRAL ANGLE OF 5°08'04" TO THE POINT OF BEGINNING. Kx:hibit 11.-1 PARK AVE, N l_....l-4'----65.00' -----<h-' 65' RAlLROAD ROW An Engineering SeMces Company Civil J Structural J Planning I Survey 1601 2nd Avenue Suite 1000 Seattle, WA 98101 paceengrs.com p. 206.441.1855 J f. 206.448.7167 I -~ - I EXPIRES 2/03/06 FND MON IN CASE 1.5" BRASS DISC IN CONG (-0.5') PLS 23613-1994 26+40.79 HOUSER WAY 1" -30' ,PROPOSED EASEMENT OWN. BY NSC , CHKO. BY NSC DATE 08/28/06 JOB NO. 05770.13 • • Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 111111111111111111 20061009000464 CITY OF RENTON D PAGE001 OF ees 19/09/2006 09:54 KING COUNTY, UA E2242096 18/09/Zee& 09:54 Kf~ COUNTY, UA $l0 .00 SALE $9 ·99 36.00 PAGE901 OF 001 Please print or 1yp<1nrormat1on WASHINGTON STATE RECORDER'S Cover Sheet (Rew 65.04) t Title(s) (or transactions conta;,,ed therein): (all areas applicable 10 your documenl must be filled in) c cillf\,&UY\ 11.R... )'1. T. 1/. '?;' fJ.. 'ST I. • . 2. --------------- 3. 4. -------------- Reference Number(s) of Documents assigned or released: Additional reference #'s on page __ of document Grantor(s) (Last~ first name, w_· "tials) 1::J:2ns b +~ LP 2. _______________ ------------- Additional names on page __ of docwnent. Grantef(S) (Last n"n :lfSt,Jhen first name and initials) 1. C, ::/-y a£ J:::fg11,:JJ"§_1u. , _________ _ 2. . ·------------- Additional names on page __ of docwnent. Assessor's Property Tax Parcel/Account Number o,rJ:3 es. 9i 12 D Assessor Tax # not yet assigned The Auditor/Recorder will rely on the infonnation provided on the form. The staff will not read the docwnent to. verif the accurac or co leteness of the indexin information rovided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ~ I(, ~ Signature of Requesting Party Return Ad1/ress: City Clerk's Office City of Renton I 055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 082305-9217 Project File#: sireellntersection: GARDEN AVE N & N 8TH St Rcft-renee Numbcr(s) of Documenls assigned or released: Addilional reference numbers are on page __ . Grantor(s): Grantee(s): l. bA SH -l3Cl , L-P 1. Ci of Renton, a Munici al Co1 oration LEGAL DESCRIPTION: (Abhre,•iated orJidl h..>ga/ must go here. Additional legal on page ) NW.~-~ Seclion 8, Twp. 23 N., Rge. 5 E, W.M., Cily of Renton. King County, \Vashington The Granlor, for and in consideration of mutual benefi!s conveys, quit claims, dedicates and donates to the Grantee(s) as named above. the above described real estate siruated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. I.VD/f"'/Dl'AL FOR,U OF ACKNOWLEDGMENT ~,d·, :B) Notary Seal must be within box Grantee(s): City of Renton Kathy Keor, Mayor ~\ ...... , •.. ,'5;7/·"···., fvnw,.(, J.waiq/tll~ .. \. ~ ~ B01mie I. Walton, City Clerk : · · •}-.• ; ~ \,A!: I f!'"j "-: L&.J ' STATEOFW 1'0' lss . ~ ,....... CJ) COUNTY 0~1'r""'" ) ., · ··t I certify that I know or'li'\'~risfactory evidence thatlfo ttt-.,,., . ...:Jl'~f!L signed this ins1ru111en1 and ackJlO\ dged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Page I FORM 07,15-05 • • IN WITNESS WHEREOF, I have herewito set my hand and seal die day and year as written below. Notary Seal musl be within box Nolary Seal most be within box Notary Seal must be within box C:t'olson/fonn.OEEIJ.Corp.Ooc\ C INDlnDE,IL FORM OF .-fCKNOWLCOGME!\'T STATE OF WASHINGTON ) SS COUNTY OF KING ) J certify that I know or have satisfactory evidence (hat --------- -,-~~-,-c-~~-,,---,~-,--~--,--signed rhis instrument and acknowledged it to be his/her/their free and voluntary act for the u~s and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print). ______________ _ My appointment expires:. ____________ _ Dated: REPRESENT.411YE FORM OF .4CKNQWll:'l>CAIENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I cenffy that I know or have satisfactory evidence that ________ _ ---,-,--,-,,-,--,----,---...,......,...~--signed this insrrument, on oath Slated that hc/shc{they was/were authorized to execute 1he instrument and acknowledged ir as the .. and ___ ~---- of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in Ule instrument. Notary Public in and for the State of Washington Notary (Print), _____________ _ My appointment expires:. ____________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATEOFWASHJNGTON lss COUNTY OF KING ) On this ___ day of _____ , 19 __ , before me personally appeared ------~-------------:-:-~to me known to be ~~ro~-oo-execuh:d the within instrument, and acknowledge the said instrument to be the free and voluntary act and detd of said corporation. for the uses and purposes therein mentioned, and each on oath staled that he/she was authorized lo execute said instrument and tha1 1he seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires:. ____________ _ Dated: Pagc2 FORM 07-15-05 Exhibit A Legal Description Project: WOii PID GRANTOR: Street GARDEN A VENUE NORTH DEDICATION ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PART!CULARL Y DESCRJBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER WITI-1 THE EASTERLY MARGIN OF GARDEN A VENUE NORTH AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 5535459, THENCE S89°28'22"E ALONG SAID SOUTH LINE A DISTANCE OF 56.38 FEET; THENCE N00°25' 55"E A DISTANCE OF 0.35 FEET TO THE BEGINNING OF A RADIAL CURVE TO THE RIGHT; THENCE WESTERLY ALONG SAID CURVE HA YING A RADIUS OF 52.00 FEET AND A CENTRAL ANGLE OF 15°00'04", AN ARC LENGTH OF 13.61 FEET; THENCE NON-TANGENT TO THE PRECEDING CURVE N44°06' 18"W A DISTANCE OF 52.72 FEET TO TI-IE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS N76°2 I '26"E; THENCE NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 52.00 FEET AND A CENTRAL ANGLE OF 14°53'40", AN ARC LENGTH OF 13.52 FEET; THENCE NON-TANGENT TO THE PRECEDING CURVE N06°39'21'1V A DISTANCE OF 32.95 FEET; THENCE S83°20.'39"W A DISTANCE OF 0.24 FEET TO A POINT ON SAID EASTERLY MARGIN OF GARDEN A VENUE NORTH; THENCE S00°29'31"W ALONG SAID EASTERLY MARGIN A DISTANCE OF 85.67 FEET TO THE POINT OF BEGINNING. CONTAINS 1,158 SQ. FT.+/- C:Colsoo!Fonn-DEED-Corp.Do<I C Paa< J FORM 07-IS-OS • • JO' ( S LINE NW 1/4 ~8-23N-5E -, I J MON IN CASE W/ COPPER PIN AT STREET INTERSECTION C:ColsOlllForm-OEED-Corp.Docl C Map Exhibit PARCEL NO. 082305-9217 DASH 80 LP $83'20'39"W 0.24' JF14'53'40" R=52.00' /L=13.52' ---1-;-2?£CR) -1-176"2 \ S89'28'22"E POINT OF BEGINNING OF LEGAL DESCRIPTION N 8TH ST Pagc4 t -~- I SCALE 1 • = 20' DEDICATION AREA (1,158 SF :t) /1=15"00'04" R=52.00' L=IJ.61' \ ·~ I~ 11" I "' I !'> I~ ,g I ;a: N00'25'55"E O.J5' FORM 07-15-05 f Law Department Approved EASEMENT AGREEMENT FOR ROADWAY CONSTRUCTION, MAINTENANCE AND USE THIS EASEMENT AGREEMENT FOR ROADWAY CONSTRUCTION, MAINTENANCE AND USE ("Easement Agreement") is made and entered into as of the I l.a..11.A. day of cx:l06'E'E-2006, ("Effective Date"), by and between BNSF RAILWAY COMPANY, (formerly known as The Burlington Northern and Santa Fe Railway Company), a Delaware corporation ("Grantor"), and THE CITY OF RENTON, a Washington municipal corporation ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Renton, County of King, State of Washington, at Mile Post 3.90, as described or depicted on Exhibits "A" and "A-1" attached hereto and made a part hereof (the "Premises"). B. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose (as defined below). C. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement Agreement. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1 Granting of Easement. 1.1 Easement Purpose. The "Easement Purpose" shall be the construction, maintenance and use of a [private/public] roadway and related surface improvements (collectively, "Improvements") to be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the Plans and Specifications (as hereinafter defined) approved as set forth in Section 5. Grantee expressly acknowledges and agrees that the Easement Purpose does not include, and no rights are granted hereunder, for an elevated roadway or related improvements or any subsurface rights. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all Laws (as hereinafter defined), including without limitation zoning laws, regulations, and ordinances of municipal and other governmental authorities, if any. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose. Form 703; Rev. 04/26/05 1 Law Department Approved 1.4 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual. Section 2 Compensation. Grantee shall pay Grantor, prior to the Effective Date, the sum of Three Thousand and No/100 Dollars ($3,000.00) as compensation for the grant of this Easement. Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAUL TS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Plans and Specifications for Improvements. Grantee shall submit to Grantor for its review and approval detailed information concerning the design, location and configuration of the Improvements ("Plans and Specifications"). As soon as reasonably practicable after Grantor's receipt of the Plans and Specifications and other information required by Grantor about the proposed location of the Improvements, Grantor will notify Grantee in writing whether Grantor has approved or disapproved the design, location and configuration of the proposed Improvements or the Plans and Specifications, and shall include one or more reasons for any disapproval. Following any disapproval, Grantee shall have the right to modify the location, configuration or other aspects of the Plans and Specifications of the proposed Improvements and to resubmit such modified information to Grantor for its further review and approval. Grantor may approve or disapprove the Plans and Specifications in Grantor's sole discretion. Any approval or consent by Grantor of any of such plans shall in no way obligate Grantor in any manner with respect to the finished product design and/or construction. Any such consent or approval shall mean only that such Plans and Specifications meet the subjective standards of Grantor, and such consent or approval by Grantor shall not be deemed to mean that such Plans and Specifications or construction are structurally sound and appropriate or that such Plans and Specifications or construction meet the applicable construction standards or codes. Any deficiency in design or construction, notwithstanding the prior approval of Grantor, shall be solely the responsibility of Grantee. Section 6 Improvements. 6.1 Construction of Improvements. Grantee, and Grantee's Contractors, at Grantee's sole cost and expense, shall locate, configure, construct and maintain the Improvements: (i) in a good and workmanlike Form 703; Rev. 04/26/05 2 Law Department Approved manner and in strict accordance with the Plans and Specifications approved by Grantor pursuant to the provisions of Section 5 above, (ii) in conformance with applicable building uses and all applicable engineering, safety and other Laws, (iii) in accordance with the highest accepted industry standards of care, skill and diligence, and (iv) in such a manner as shall not adversely affect the structural integrity or maintenance of the Premises, any structures on or near the Premises, or any lateral support of structures adjacent to or in the proximity of the Premises. The construction of the Improvements within the Premises shall be completed by Grantee and Grantee's Contractors within one (1) year after the Effective Date. Grantee shall provide as built drawings of all Improvements to Grantor promptly upon completion of construction and shall use its best efforts to cause such as built drawings to be electronically accessible to Grantor. 6.2 Maintenance of Improvements. Grantee shall at all times during the term of this Easement Agreement, at Grantee's sole cost and expense, keep and maintain the Improvements located upon the Premises in a structurally safe and sound condition, in good repair and in compliance with the Plans and Specifications and this Easement Agreement. Grantee shall also promptly repair any damage to the Premises or the Improvements caused, either in whole or in part, by Grantee Parties (as hereinafter defined}. Grantee shall not cause or permit another person to cause any damage to the Premises or the Improvements, and Grantee shall be responsible for any such damage which may occur as a result of any Grantee Party's action or inaction. Grantee shall not permit the existence of any nuisance or the accumulation of junk, debris or other unsightly materials on the Premises and shall keep the Premises in a clean and safe condition. Grantee shall, at its sole cost and expense, remove ice and snow from the Premises. Grantee shall keep the Premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on the Premises, said work of cutting and removal to be done at such times and with such frequency as to comply with local Laws and regulations and abate any and all hazard of fire. Grantor shall have no obligation whatsoever, monetary or non-monetary, to maintain the Improvements in the Premises. 6.3 No Interference. During the construction of, and any subsequent maintenance performed on, operation of, or removal of, all or any portion of the Improvements, Grantee, at Grantee's sole cost, shall perform all activities and work on or near Grantor's rail corridor or property and/or the Premises in such a manner as to preclude injury to persons or damage to the property of Grantor, or any party on or with property on Grantor's rail corridor or property, and shall ensure that there is no interference with the railroad operations or other activities of Grantor, or anyone present on Grantor's rail corridor or property with the authority or permission of Grantor. Grantee shall not disturb any improvements of Grantor or Grantor's existing lessees, licensees, license beneficiaries or lien holders, if any, or interfere with the use of such improvements. Grantor may direct one of its field engineers to observe or inspect the construction, maintenance, operation or removal of the Improvements, or any portion thereof, at any time to ensure such safety and noninterference, and to ensure that the Improvements comply with the Plans and Specifications. If any Grantee Party is ordered at any time to leave the Premises or to halt any activity on the Premises, then the party conducting that activity immediately shall cease such activity and leave the Premises, if the order was issued by Grantor's personnel to promote safety, such noninterference with other activities or property, or because the Improvements were not in compliance with this Easement Agreement. Notwithstanding the foregoing right of Grantor, Grantor has no duty or obligation to observe or inspect, or to halt work on, the Premises, it being solely Grantee's responsibility to ensure that the Improvements are constructed, maintained, operated and removed in strict accordance with all Laws, safety measures, such noninterference and the Plans and Specifications and in compliance with all terms hereof. Neither the exercise nor the failure by Grantor to exercise any right set forth in this Section 6.3 shall alter the liability allocation set forth in this Easement Agreement. 6.4 No Alterations. Except as may be shown in the Plans and Specifications approved by Grantor for the Easement, Grantee may not make any alterations to the Premises, or permanently affix anything to the Premises, without Grantor's prior written consent. If Grantee desires to change either the location of any of the Improvements or any other aspect of the Plans and Specifications of any of the Improvements, Grantee shall submit such change and modified Plans and Specifications to Grantor in writing for its approval in the same manner as provided for in Section 5. Grantee shall have no right to commence any such change until after Grantee has received Grantor's approval of such change in writing. 6.5 Approvals: Compliance with Laws and Safety Rules. Form 703; Rev. 04/26/05 3 Law Department Approved (a) Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required approvals or authorizations from applicable governmental authorities. (b) Prior to entering the Premises, and at all times during the term of this Easement Agreement, Grantee shall comply, and shall cause its contractor, any subcontractor, any assignee, and any contractor or subcontractor of any assignee performing work on the Premises or entering the Premises on behalf of Grantee (collectively, "Grantee's Contractors"), to comply, with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental Laws (defined below) (collectively, "Laws"), and all of Grantor's applicable safety rules and regulations including those found on the website noted below in Section 6.S(c). (c) No Grantee Party may enter the Premises without first having completed Grantor's safety orientation found on the website: www.contractororientation.com. 6.6 Other Improvements. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Granter property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. 6.7 Flagging and Other Costs. Grantee shall not conduct any activities on, or be present on, any portion of the Premises or Grantor's rail corridor or property that is within twenty-five (25) feet of any active railroad track, except in the presence of a flagman. In any case where a flagman or flagmen are required in connection with the presence of individuals on Grantor's rail corridor or the Premises, Grantee shall provide as much advance notice as possible prior to any entry upon the Premises. Granter shall arrange for the presence of the flagman or flagmen as soon as practicable after receipt of such notice from Grantee. Grantee shall reimburse to Grantor, within thirty (30) days following Grantee's receipt of each bill therefor, Grantor's costs in arranging for and providing the flagman or flagmen, which shall be billed to Grantee at Grantor's then applicable standard rate. The estimated cost of one flagger as of the Effective Date is $600 for an eight hour basic day with time and one-half or double time for overtime, rest days and holidays, plus the cost of any vehicle rental costs or other out-of-pocket costs. Grantee agrees to reimburse Grantor (within thirty (30) days after receipt of a bill therefor) for all other costs and expenses incurred by Granter in connection with Grantee's use of the Premises or the presence, construction, maintenance, and use of the Improvements situated thereon. 6.8 No Unauthorized Tests or Digging. Grantee, and Grantee's Contractors, must not conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on Grantor's rail corridor or property (whether or not such centerline is located within the Premises), except after Grantee has obtained written approval from Grantor, and then only in strict accordance with the terms and any conditions of such approval. 6.9 Boring. Prior to conducting any boring work on or near Grantor's rail corridor or property (which shall only be permitted within the Premises), Grantee and Grantee's Contractors shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, Grantee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Form 703; Rev. 04/26/05 4 Law Department Approved • Grantee's written request. which shall be made thirty (30) business days in advance of Grantee's proposed construction or modification of Improvements, Granter will provide to Grantee any information that Grantor has in the possession of its Engineering Department concerning the existence and approximate location of Grantor's underground utilities and pipelines at or near the vicinity of the proposed Improvements. Prior to conducting any boring work, Grantee, and Grantee's Contractors, shall review all such material. Granter does not warrant the accuracy or completeness of information relating to subsurface conditions and Grantee's, and Grantee's Contractors', operations at all times shall be subject to the liability provisions set forth herein. For all bores greater than 20 inches in diameter and at a depth less than ten (10) feet below the bottom of a rail, Grantee, and Grantee's Contractors, shall perform a soil investigation which must be reviewed by Granter prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Grantor's reasonable opinion that granular material is present, Grantor may select a new location for Grantee's use, or may require Grantee, and Grantee's Contractors, to furnish for Grantor's review and approval, in Grantor's sole discretion, a remedial plan to deal with the granular material. Once Granter has approved any such remedial plan in writing, Grantee, and Grantee's Contractors, at Grantee's sole cost, shall carry out the approved plan in accordance with all terms thereof and hereof. Any open hole, boring or well constructed on the Premises by Grantee, or Grantee's Contractors, shall be safely covered and secured at all times when anyone who is not creating it, working in it or using it as permitted hereunder is present in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises shall be promptly filled in by Grantee and Grantee's Contractors to surrounding ground level with compacted bentonite grout, or otherwise secured or retired in accordance with any applicable Laws. No excavated materials may remain on Grantor's rail corridor or property for more than ten (10) days, and must be properly disposed of by Grantee and Grantee's Contractors in accordance with applicable Laws. 6.10 Drainage of Premises and Property. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Premises shall be made and maintained by Grantee in such manner, form and to the extent as will provide adequate drainage of and from the Premises and Grantor's adjoining right of way; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from the Property and Grantor's adjoining right of way, Grantee shall construct and maintain such culverts or drains within the Premises as may be requisite to preserve such natural and pre- existing drainage. Grantee shall wherever necessary, construct extensions of existing drains, culverts or ditches through or along the Premises, such extensions to be of adequate sectional dimensions to preserve flowage of drainage or other waters, and/or material and workmanship equally as good as those now existing. 6.11 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges {collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi- governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Granter shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Granter, including all of Grantor's legal fees and expenses. 6.12 Modification, Relocation or Removal of Improvements. If at any time, Granter desires the use of its rail corridor in such a manner that, in Grantor's reasonable opinion, would be interfered with by any portion of the Improvements or the Easement, Grantee, at Grantee's sole cost, shall make such changes in the Improvements and/or Premises that, in the sole discretion of Granter, are necessary to avoid interference with the proposed use of Grantor's property, including, without limitation, Grantee relocating or removing all or a portion of the Improvements from the Premises. Granter acknowledges that, in some instances, Improvements will not need to be moved or removed from the Premises, but can be protected in place, subject to approval by Grantor's engineering department. Grantee hereby waives any rights that it may have to use condemnation Laws to keep Improvements in place and not relocate or remove the Improvements where relocation or removal is required by Granter. Where it is practicable to do so, Grantor shall provide to Grantee at least one hundred twenty (120) days prior written notice that Improvements must be modified, removed or relocated, and in circumstances where one hundred twenty (120) days notice is not practicable, Granter shall provide to Grantee as much notice as it reasonably can, and in no case less than twenty (20) days prior written notice. Grantee shall ensure that all Improvements are modified, removed or relocated as required on or before the date set forth in Grantor's written notice. Form 703; Rev. 04/26/05 5 Law Department Approved Section 7 Indemnification. • 7.1 TO THE FULLEST EXTENT PERMITIED BY LAW, GRANTEE SHALL AND SHALL CAUSE GRANTEE'S CONTRACTORS TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR AND GRANTOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES"} FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENAL TIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS} ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY, "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RES UL TING FROM OR RELATED TO (IN WHOLE OR IN PART}: (i} THIS EASEMENT AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii} ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS EASEMENT AGREEMENT, (iii) OCCUPATION AND USE OF THE PREMISES BY GRANTEE'S OR GRANTEE'S OFFICERS, AGENTS, INVITEES, LICENSEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER (INDIVIDUALLY, A "GRANTEE PARTY," AND COLLECTIVELY, "GRANTEE PARTIES"), (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED TO BY GRANTEE PARTIES, OR (v} ANY ACT OR OMISSION OF GRANTEE PARTIES, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATIRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH GRANTEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. 7.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 7.1, GRANTEE SHALL AND SHALL CAUSE GRANTEE'S CONTRACTORS TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT GRANTOR IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE IMPROVEMENTS FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. GRANTEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. GRANTEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS EASEMENT AGREEMENT SHALL NOT IN ANY WAY SUBJECT GRANTOR TO CLAIMS THAT GRANTOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL GRANTOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 7.3 TO THE FULLEST EXTENT PERMITIED BY LAW, GRANTEE SHALL AND SHALL CAUSE GRANTEE'S CONTRACTORS TO, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF Form 703; Rev. 04/26/05 6 Law Department Approved ANY INDEMNITEE, INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF GRANTEE OR ANY OF ITS AGENTS, INVITEES, CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEAL TH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 7.4 Upon written notice from Granter, Grantee agrees to assume the defense of any lawsuit or other proceeding brought against any lndemnitee by any entity, relating to any matter covered by this Easement Agreement for which Grantee has an obligation to assume liability for and/or save and hold harmless any lndemnitee. Grantee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. Section 8 Insurance. Grantee shall, at its sole cost and expense, procure and maintain during the life of this Easement Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: Form 703; Rev. 04126/05 7 Law Department Approved + Grantee's statutory liability under the worker's compensation Laws of the state(s) in which the work is to be performed. If optional under State Law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability Insurance is required if there is any construction or demolition activities. This insurance shall name only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 1 O 93 and include the following: + Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. + Endorsed to include Evacuation Expense Coverage Endorsement. + No other endorsements restricting coverage may be added. + The original policy must be provided to the Railway prior to performing any work or services under this Easement Agreement If available and in lieu of providing a Railroad Protective Liability Policy, Grantee may participate in the Railway's Blanket Railroad Protective Liability Insurance Policy available to Grantee or its contractor. The limits of coverage are the same as above. The cost is $ Q')Q ,CV, )( I elect to participate in Grantor's Blanket Policy; Q I elect not to participate in Grantor's Blanket Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall refiect that no exclusion exists. Grantee agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through policy endorsement, waive their right of subrogation against Railway for all claims and suits. The certificate of insurance must refiect waiver of subrogation endorsement. Grantee further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under its care, custody, or control. Grantee's insurance policies through policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Railway. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Railway and Staubach Global Services -RR, Inc. as an additional insured with respect to work performed under this Easement Agreement. Severability of interest and naming Railway and Staubach Global Services -RR, Inc. as an additional insured shall be indicated on the certificate of insurance. Grantee is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Grantee in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Easement Agreement, be covered by Grantee's insurance will be covered as if Grantee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing work, Grantee shall furnish to Railway an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a Form 703; Rev. 04/26/05 8 Law Department Approved provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railway in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Railway, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Grantee represents that this Easement Agreement has been thoroughly reviewed by Grantee's insurance agent(s)/broker(s), who have been instructed by Grantee to procure the insurance coverage required by this Easement Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Grantee, Grantee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Grantee is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this Section 8 shall entitle, but not require, Railway to terminate the Easement immediately. Acceptance of a certificate that does not comply with this Section 8 shall not operate as a waiver of Grantee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Grantee shall not be deemed to release or diminish the liability of Grantee including, without limitation, liability under the indemnity provisions of this Easement Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. For purposes of this Section 8, Railway shall mean "Burlington Northern Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. Section 9 Environmental. 9.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 9.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. Form 703; Rev. 04/26/05 9 Law Department Approved 9.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 9.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 9.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 9. Should Grantee not comply fully with the above- stated obligations of this Section 9, notwithstanding anything contained in any other provision hereof, Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 12. Section 10 PERSONAL PROPERTY WAIVER. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF GRANTEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. Section 11 Default and Termination. 11.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. 11.2 Grantor's Termination Rights. Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice in writing upon Grantee: (i) if default shall be made in any of the covenants or agreements of Grantee contained in this Easement Agreement, (ii) in case of any assignment or transfer of the Easement by operation of law, or (iii) if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 11.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 12. 11.4 Non-exclusive Remedies. The remedies set forth in this Section 11 shall be in addition to, and not in limitation of, any other remedies that Grantor may have at law or in equity. Form 703; Rev. 04/26/05 10 Law Department Approved Section 12 Surrender of Premises. 12.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all appurtenances thereto from the Premises, as Grantor directs at Grantor's sole discretion; (b) repair and restore any damage to the Premises arising from, growing out of, or connected with Grantee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date. 12.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee to undertake one or more of the actions set forth above. at Grantee's sole cost. in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise. resulting from any acts. omissions or events happening prior to the date of termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered. Section 13 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction. alterations or repairs done. suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 13 or any other section of this Easement Agreement. Section 14 Tax Exchange. Grantor reserves the right to assign this Easement Agreement to Apex Property & Track Exchange, Inc. ("Apex"). Apex is a qualified intermediary within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and Treas. Reg. § 1.1031(k)-1(g), for the purpose of completing a tax-deferred exchange under said Section 1031. Grantor shall bear all expenses associated with the use of Apex, or necessary to qualify this transaction as a tax-deferred exchange, and. except as otherwise provided herein, shall protect, reimburse, indemnify and hold harmless Grantee from and against any and all reasonable and necessary additional costs, expenses, including, attorneys fees, and liabilities which Grantee may incur as a result of Grantor's use of Apex or the qualification of this transaction as a tax-deferred transaction pursuant to Section 1031. Grantee shall cooperate with Grantor with respect to this tax-deferred exchange, and upon Grantor's request, shall execute such documents as may be required to effect this tax-deferred exchange. Section 15 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Grantor: BNSF Railway Company 2500 Lou Menk Dr. -AOB3 Fort Worth, Texas 76131 11 Form 703; Rev. 04126105 Law Department Approved With a copy to: If to Grantee: Attn: Corporate Real Estate Department The Staubach Company 3701 Lou Menk Drive Fort Worth, Texas 76131 Attention: Title and Escrow Development Engineering Supervisor City of Renton 1055 S. Grady Way Renton, WA 98057 • Section 16 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and recorded as described above within 60 days of the Effective Date, Grantor shall have the right to terminate this Easement Agreement upon notice to Grantee. Section 17 Miscellaneous. 17 .1 All questions concerning the interpretation or application of prov1s1ons of this Easement Agreement shall be decided according to the substantive Laws of the State of Washington without regard to conflicts of law provisions. 17.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding upon the Premises. 17.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 17.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 17.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 17.6 Time is of the essence for the performance of this Easement Agreement. 17.7 Grantee acknowledges that a material consideration for this agreement, without which ii would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000,00 over and above Form 703; Rev. 04/26/05 12 Law Department Approved the agreed upon compensation. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement Agreement as of the date first set forth above. GRANTOR: By: Name: Title: GRANTEE: THE CITY OF RENTON, a Washington municipal corporation Form 703; Rev. 04/26/05 13 Law Department Approved Exhibit "A" EXHIBIT "A" and "A-1" Premises EXHIBIT A ROADWAY EASEMENT ALL EXISTING RlGHT-OF-W A Y INFORMATION IS TAKEN FROM A QUITCLAIM DEED FOR STREET PURPOSES FOR HOUSER WAY NORTH, DATED JULY 14TH, 1965 AND RECORDED UNDER KING COUNTY AUDITOR'S FILE NO, 5928976. A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHING TON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OPPOSITE AND 30.00 FEET LEFT OF THE CENTERLINE ST A TION 26+40. 79 OF HOUSER WAY, BEING A POINT ON A CUR VE TO THE RIGHT WITH A RADWS OF 202.00 FEET, WHOSE CENTER BEARS NORTH 80°04'14" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.75 FEET THROUGH A CENTRAL ANGLE OF 8°26' 18"; THENCE NORTH 38°56'3 l" EAST A DISTANCE OF 25.59 FEET TO THE INTERSECTION OF THE SOUTH MARGIN OF SAID HOUSER WAY WITH THE EAST MARGIN OF A 65.00 FOOT WIDE RAILROAD RIGHT-OF-WAY LINE AT A PONT ON A CURVE TO THE RIGHT WITHARADWS OF 140.00FEET, WHOSE CENTER BEARS NORTH42°44'56"EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 12.55 FEET THROUGH A CENTRAL ANGLE OF 5°08 '04" TO THE POINT OF BEGINNING. E!xhibit 1\-·1 PARK AVE, N I -~ I ~- - FNO MON IN CASE 1.5" BRASS DISC IN CONG (-0.5') PLS 23613-1994 26+40.79 HOUSER WAY ~ '\ " 25+50 '- \_ <§> "' "J" ' '<x HOUSER WAY jNEW RR ESMT '-.._ . 147 sq. f\. "- j "" 1" -30' i--ll----65.00' ----''-'-' .._ 65' RAILROAD ROW An Engineering Services Company Civil I Structural I Planning I Survey 1601 2nd Avenue Suite 1000 Seattle, WA 98101 paceengrs.com p. 206.441.1855 If. 206.448.7167 l EXPIRES 2/03/00 PROPOSED EASEMENT OWN. BY NSC , CHKD. BY NSC DATE 08/28/06 JOB NO. 05770.13 Law Department Approved EXHIBIT "B" Memorandum of Easement Exhibit "A" Law Department Approved Memorandum of Easement THIS MEMORANDUM OF EASEMENT is hereby executed this __ day of ______ ~ 2006, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Granter"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and THE CITY OF RENTON, a Washington municipal corporation ("Grantee"), whose address for purposes of this instrument is 1055 S. Grady Way, Renton, WA 98057, which terms "Granter" and "Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Granter owns or controls certain real property situated in King County, Washington as described on Exhibit "A and A-1" attached hereto and incorporated herein by reference (the "Premises'); WHEREAS, Granter and Grantee entered into an Easement Agreement, dated ______ _ (the "Easement Agreement") which set forth, among other things, the terms of an easement granted by Granter to Grantee over and across a portion of the Premises (the "Easement"); and WHEREAS, Granter and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Granter does grant unto Grantee and Grantee does hereby accept from Granter the Easement over and across the Premises. The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be perpetual. Provisions regulating the use and purposes to which the Easement shall be limited, are set forth in detail in the Easement Agreement and Granter and Grantee agree to abide by the terms of the Easement Agreement. All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. Exhibit "B" Page 1 of 4 Law Department Approved IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. STATE OF TEXAS COUNTY OF TARRANT § GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: §ss. § On this day of , 200_, before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared .,,..,--=-==--=-==-=-=.,-.,---·· to me known to be the of BNSF RAILWAY COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public for the State of Texas Residing at: _______ , Texas My appointment expires: _____ _ Exhibit "B" Page 2 of 4 Law Department Approved STATE OF WASHINGTON COUNTY OF ____ _ § § ACCEPTED BY: GRANTEE: THE CITY OF RENTON, a Washington municipal corporation By: Name: Title: §ss. On this day of ____________ ,, 200_, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared -----------and , to me known to be the and respectively, of the corporation that accepted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to accept said instrument for said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public for the State of Washington Residing at: __________ _ My appointment expires: _____ _ Exhibit "B" Page 3 of4 Law Department Approved EXHIBIT "A" and "A-1" Exhibit "B" Page 4 of 4 EXHIBIT A ROADWAY EASEMENT ALL EXISTING RIGHT-OF-WAY INFORMATION IS TAKEN FROM A QUITCLAIM DEED FOR STREET PURPOSES FOR HOUSER WAY NORTH, DATED JULY 14m, 1965 AND RECORDED UNDER KING COUNTY AUDITOR'S FILE NO, 5928976. A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OPPOSITE AND 30.00 FEET LEFT OF THE CENTERLINE STATION 26+40.79 OF HOUSER WAY, BEING A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 202.00 FEET, WHOSE CENTER BEARS NORTH 80°04' 14" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.75 FEET THROUGH A CENTRAL ANGLE OF 8°26' 18"; THENCE NORTH 38°56'3 l" EAST A DISTANCE OF 25.59 FEET TO THE INTERSECTION OF THE SOUTH MARGIN OF SAID HOUSER WAY WITH THE EAST MARGIN OF A 65.00 FOOT WIDE RAILROAD RIGHT-OF-WAY LINE AT A PONT ON A CURVE TO THE RIGHT WITH A RADIUS OF 140.00FEET, WHOSE CENTER BEARS NORTH42°44'56"EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 12.55 FEET THROUGH A CENTRAL ANGLE OF 5°08 '04" TO THE POINT OF BEGINNING. E:xhibit .'\-1 PARK AVE, N 1-4'----65.oo· ---11- 65' RAILROAD ROW An Engineering Services Company Civil I Structural I Planning I Survey 1601 2nd Avenue Suite 1000 Seattle, WA 98101 paceengrs.com p. 206.441. 1855 [ I. 206.448.7167 I -~ - I EXPIRES 2/03/08 FND MON IN CASE 1.5" BRASS DISC IN CONC (-0.5') PLS 23613-1994 26+40.79 HOUSER WAY 1" 30' ,PROPOSED EASEMENT OWN. BY NSC , CHKD. BY NSC DATE 08/28/06 JOB NO. 05770.13 City o ..• enton Department of Planning I Building I Puv .. c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: APPLIGATION NO: LUA06-080, SHPL-A APPLICANT: Jim Manion, Lowe's HIW PROJECT TITLE: Lowe's Short Plat SITE AREA: 930,874 s uare feet LOCATION: 800 Garden Avenue N PROJECT MANAGE PLAN REVIEW: Jan BUILDING AREA ross : N/A I WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable Mo,e Environment M;nor Major lnfonnation Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water Uaht/Glare Plants Recreation L8fld!Shoreline Use Utilities Animals TransCJOrTation Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000Feet (\\o_ txt -(WJJ,lO{)~w-t µ)ill hold (!f;rmtrJPflf)(]) Jt/ plcuw i i/lltCA h C t.,pns,lr u e.h /7fL B. POLICY-RELATED COMMES C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where addWonal information is eeded to prQ rly assess this proposal. DATE: TO: FROM: SUBIECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM October 9, 2006 Bonnie Walton, City Clerk's Office f\.n Carrie K. Olson, Plan Review x7235 '\Y LOWE'S FRY SHORT PLAT LUA06-080-SHPL Attached please find the above-referenced original mylar and three paper copies of the mylar for recording with King County. The recording instructions in order are as follows: I. Record the short plat mylar. 2. Request King County to return the executed mylar to us for our records. Please have the Courier take these documents via 4-hour service. A check in the amount of$15.73 made out to CD&L is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000000.007.5590.0060.49.000014. Please call me if you have any questions. Thank you. cc: Kayren Kittrick (Notice of Recording) Jan Conklin (Please provide PIO/recording #'s to Sonja, Carrie) Stacy (Notice to final short plat on Pennits Plus) Carrie Olson (Provide any unpaid SOC/SAD fees to Jan for posting to parcels on Pennits Plus) Yellow File 111:\PlanReview\COI.SON\Shortplats 2006\Landing-wwe's SHPL 08m ClerlcRocord.doc 11235 SE6TH STREET T 425,453.9501 SUITT 220 F 425.453.8208 BELi.EWE, WA 98004 WWW.PACI.AND.COM LETTER OF TRANSMITTAL Date: To: From: Re: Remarks: October 9, 2006 Carrie Olsen, City of Renton Mike Neer, P .E. Lowe's of Renton; Renton, Washington Final Short Plat Courier Payment HAND DELIVERY As requested, please find enclosed a check (#1725), dated October 9, 2006, in the amount of $15.73 made out to the Short Plat Courier, CD&L. Please return the original check (#310008), made out to the City of Renton, in the amount of $15.73. We apologize for any inconveniences. Please contact me at (425) 453-9501 with questions. Thank you for your continued assistance throughout this process. 2005127.014.00/rnlocotr04 mmt ... DOCUMENTS FOR RECORDING KING COUNTY RECORDS & ELECTIONS DMSION TO: CTIY CLERK'S OFFICE FROM: BILLINGACCOUNTNUMBER: ooo~<ffo7. 5590.!Jo6Q.4'!,oooot':J- (xxxl . .xxxx.xxxx.xx.xxxxxx): IS REAL ESTATE EXCISE TAX FORM REQUIRED? No O Yes )Q.(Attach form) (AcoouatwillboclwgodS2.00 ........ ) . · DATE ACQUIRED: ---GRANTOR: fu,'Sh -~ LP PURPOSE: COMMON DESCRIPTION: Ck.o As er£-{).,,Ji c.rdfo 11..) (?-) ADDRESS: P.I.D. S-T-R: ----------- CROSS STREETS: G!o R /1,e.n) /tUL)'.l t:21-/0 '"(-~st + )1. l(<ffi.. S{ CURRENT USE: MANAGING DEPARTMENT: DEPT. FILE#. RECORDING#--------- Rev Date 7/97 TS/REC _DOC.DOT/bb Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 rime print orirp• information WASHINGTON STATE RECORDER'S Cover Sheet (Rew 65.04) t Title(s) (or transactions contapied therein): (all areas applicable to your document must be filled in) LcilU\bJVY\ v-11-)1. +. ti. "6 fl.. '5T f. • . 2. --------------- 3. 4. ---------------- Reference Number(s) of Documents assigned or released: Additional reference #'son page ___ of document Grantor(s) (Last name, fmat name, 1J11.· 'tials) 1:r::us b +XQ LP 2. __________________ , _________ ~------ Additional names on page __ of document. Gran te~( s) (Last :?'° fIISt,)hen fmat name and initials) 1. C d-y of.Ken)J§h) , __________ _ 2. '---------------- Additional names on page __ of document. Legal description (abbreviated: I Assessor's Property Tax Parcel/Account Number D Assessor Tax# not yet assigned o-XJ,..3 es-9J. t2 The Auditor/Recorder will rely on the information provided on the fonn. The staff will not read the document to verif the accurac or co leteness of the indexin information rovided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.0 I 0. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ~ K, ~ Signature of Requesting Party Return A<ldre.ss: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 9805 5 DEED OF DEDICATION Projecl Fi le #: Property Tax Parcel Number: 082305-9217 streei rntersection, GARDEN AVE N & N 8TH St Reforence Number(s) ofOocuments assigned or released: Ad<lilional rcfcn..,ice numbers are 011 page __ . Grantor(s): Grantee(s): 1. DA SI-\ -W , L--P l. Ci of Renton, a Munici I Co LEGAL DESCRIPTION: (Abbrel·iared orJi,II k1tal must go here. Additional legal on page N\V ~,;. Section 8, T~vp. 23 N., Rge. 5 E, WJ\•1., City ofRenlon. King County, W'1shington The Grantor, for and in consideration of mutual benefits conve}'S, quit claims, dedicates and donates lo 1he Grantec(s) as named above, the above described real estate situated in the County of King, Sratc of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. J.-'t'DIIJD(.IAL FOR,H OF .4CKN0JJ'L£DGMF.NT Notary Seal must be within box Grantee(s): City of Renton Kathy Keolker, Mayor e, /~ ~ 1 unie I. Walton, City Clerk ST A TE OF W ,;'li 8TgJI ) SS ~ COUNTY O .s.,,lff,,, ) I certiJ that I in~~!~tisfactory evidence that ~ tr/ $~ er signed this instrument nnd acknmdged it to be his/her/lheir free and voluntary act for the uses and purposes mentioned in 1he instrument. Page I FORM 07-15-05 IN WITNESS \VHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal musl be wilhin box Notary Seal must be within bo.', Notary Seal must be within box C:Colson/Forrn· DEED-Corp. Doc\ (' IND/f,"JDUAL FORM UFACKNOWLEDGJll:..WT STATE OF WASHINGTON ) SS COUNTY OF KING ) J certify tha1 I know or have satisfactory evidence that--------- ~-~~~~~~~-.,.,-~c--~~--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: RE:PRESENTA TJVE FOR,1-1 OF ACKNOWLEDGME/\'T 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 ro 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: CORPORATE FORM OF ACKNOWlEDG;'vtENT STATE OF WASlllNGTON ) SS COUNTY OF KING ) On this ___ day of ______ , 19 __ , before me personally appeared _______________________ ,to me known to be of the corporation that executed the within instrument, and acknowledge the said instn.nnent to be the free and voluntary act and deed of said corporation, for rhe uses and purpo~s therein mentioned, and each on oalh stated that he/she was authorized to execute said instrument and 1ha1 the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: ____________ _ Dated: Page 2 FORM 07-15-05 Exhibit A Legal Description Project: WO# PID GRANTOR: Street: GARDEN A VENUE NORTH DEDICATION ALL THAT CERTAIN PROPERTY S!TUA TE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER WITH THE EASTERLY MARGIN OF GARDEN A VENUE NORTH AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 5535459, THENCE S89'28'22"E ALONG SAID SOUTH LINE A DISTANCE OF 56.38 FEET; THENCE N00'25'55"E A DISTANCE OF 0.35 FEET TO THE BEGINNING OF A RADIAL CURVE TO THE RIGHT; THENCE WESTERLY ALONG SAID CURVE HA YING A RADIUS OF 52.00 FEET AND A CENTRAL ANGLE OF 15°00'04", AN ARC LENGTH OF 13.6! FEET; THENCE NON-TANGENT TO THE PRECEDING CURVE N44'06'18"W A DISTANCE OF 52.72 FEET TO THE BEGINNING OF A NON-TANGENT CUR VE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS N76'2! '26"E; THENCE NORTHERLY ALONG SAID CURVE, HA YING A RADIUS OF 52.00 FEET AND A CENTRAL ANGLE OF 14°53'40", AN ARC LENGTH OF 13.52 FEET; THENCE NON-TANGENT TO THE PRECEDING CURVE N06'39'2 l"W A DISTANCE OF 32.95 FEET; THENCE S83°20'39"W A DISTANCE OF 0.24 FEET TO A POINT ON SAID EASTERLY MARGIN OF GARDEN AVENUE NORTH; THENCE S00'29'3 l "W ALONG SAID EASTERLY MARGIN A DISTANCE OF 85.67 FEET TO THE POINT OF BEGINNING. CONTAINS 1,158 SQ. FT.+/- C:Colson/Fonn-DEEO-COJ])-Ooc\ C Page 3 FORM 07-15-05 '. 30' < ~ <:( c5 a Ct: <:( (') I S LIN[ NW 1/4 u8-2JN-5E -, " co "' '"' " ' J MON IN CASE: W/ COPPER PIN AT STREET IN TfRSfCTION C:Colson/F01m-DEED-Corp.Doc\ C Map Exhibit PARCEL NO. 082305-9217 DASH 80 LP SBJ'20'J9"W I 0.24· z 0 m "' <O ~ ' "' "' ':" <O "'.. LF14'5J'40" R=52.00' /L=IJ.52' --1 ;6'·£(R} -;76'2 \ S89'28'22"[ POINT OF BEGINNING OF LEGAL DESCRIPTION N 8TH ST Pagc4 l N I -•- I SCALE 1 • = 20' DEDICATION AREA (1,158 SF ±) LF15'00'04" R=52.DD' L=1J.61' '~ I~ I /" [ IO I !O I "' !'I 10 I~ N00'25'55"f a.JS' FORM 07·15-05 I . ' REALEST EXCISE TAX AFFIDAVIT CHAPTER82.45RCW-CHAPTER458·61 WAC FOR USEATCO\JNT'l'TRBASURER'S {),f):a, This form is yo ceipt when stamped by cashier. (Use Fonn No. 84.000 IB for Reporting Transfers of Controlling Interest of Entity Ownership to the Department ofRevenue) TIIlS AFFIDAVIT WILL NOT BEACCEPTEDl!NLESSALLAREAS 1-7 ARE FULLY COMPLETED Name DASH-80, LP Name City of Renton, a Municipal Corporation ill~ ta ~~ Street 440 N First St #200 '" Street 1055 South Grady Way " ~o City/State/Zip San Jose, CA 95112 ~ City/S~ip Renton, WA 98055 ADDRESS TO SEND ALL l'ROPERTYTAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE ASSESSED VALUE rrTAXEXEMl'T Nam, Qortion of 0823059-9217 Street (same as Granter information) City/State/Zip II LEGAL DESCRIPTION OF PROPERTY SITUATED IN Cl UNINCORPORATED ______ coUNTY • ORIN CITY OF Renton Street Address (ifproperty is improved) ------------------------------------- A portion of the Northeast Quarter of the Northeast Quarter of Section 8, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. (Please see attachment for complete legal description.) Is this property currently: Classified or designated as forest land? Chapter 84.33 RCW YES C NO Iii Classified as current use ]and (open space, fann Cl IIIJ and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit organization? Chapter 84.36 RCW Seller's Exempt Reg. No IClJ /!II Receiving special valuation as historic propeny? Chapter 84.26 RCW Property Type: Iii land on!y r land with previously used building C timber only Principal Use: D Apt. (4+ unit) 0 timber O agricultural 11] other Road Right-of-Way g Ill D land with new building 0 Land with mobile home 0 buil.ding only D residential 0 commercial/industrial (]) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) If the new owner(s) of!and that is classified or designated as current use or fomt land wisb to continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation. all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must detennine if the land transferred qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land will remain in classification or designation. Ifit no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land D does O does not qualify for continuance. DEPUlY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation ?.S historic property wish to continue this special valuation the new o,,.,ner(s) must sign below. If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale, (3) OWNER(S) SIGNATURE Description of personal property included in gross selling price, both tangible (eg; furniture, equipment, etc.) or intangible (eg; goodwill, agreement not to compete, etc.) If exemption claimed, list WAC number and explanation. WAC No. (Sec/Sub) _4_5_8_·6_1_A_·2_0_5 __________ _ Explanation transfer to government for a public purpose Type of Document Deed of Dedication Date of Document 8 /} g I 2-00 ( O Gross Selling Price $, __________ __:O~.O~Oc, Personal Property (deduct) $----------~L Taxable Selling Price $ ___ ...;, _____ .,,,'.,..__ Excise Tax: State$---------,.<----· Local s ______ .L, ____ _ Delinquent Interest: State $-----"'------- Local $ ___ .,_ ________ _ Delinquent Penalty $ __ ,'----------- Total Due S _________ __,0".0e,Os A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX. AFFIDAVIT I Certify Under Penalty of Perjwy Under The Laws of The State of Washington That The Foregoing Is True And Correct (See back of is form). Signature of Gnrntor/Agent _i;,,OCSL/JA...!P,~µ.Llt!L.__,::~,L,>,,;"---- Name (print) Karen McFarland, Technical Services AGENT D<>teand P!;i.oo ofSigning: o// 1'/ 2 c:)O (Q Renton, WA Signature of Grantee/Agent __________________ _ Name (print) Kathy Keolker, MAYOR Date & Plau ofSigning: Renton, WA Perjury: Perjury is a class C felony v.hich is punishable by imprisorunent in the state comctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand doll;n ($5,000.00), orby both imprisonment and fine CW 9A,20.020 IC REV 84 OOCl]a (3-18-99) (PD 4.os.OO) FOR TREASURER'S USE ONLY 0COUNTY TREASURER QDEPT. OF REVENUE []COUNTY ASSESSOR []TAXPAYER DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM September 18, 2006 Bonnie Walton, City Clerk,,?} Carrie K. Olson, x7235 l>/ Development Services, Plan Review Garden Ave N & N s•• St; Garden Ave N & 101• St Deeds of Dedication -LUA06-080-RUSH t!,Alj -Ob-OIP El Attached are the two original Fry's Electronics (Dash 80, LP) Deeds of Dedication documents that were accepted at the Monday, September 11, 2006, council meeting. * ~ur goal is to record these deeds before the forthcoming sale of property to Lowe's. Please route 1 for signature by the Mayor and yourself and send out for recording with King County as soon as L possible. Thanks. Also, have Mayor sign three (I-original, 2-copies) Real Estate Excise Tax Affidavit form. cc: Yellow File \\TS_SERVER\SYS2\COMMON\I:\PlanReview\COLSON\Shortplats 2006\Landing-Fry's Electronics 05m RequestMayor- ClerkSignDeed.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM October 5, 2006 Gregg Zimmerman, Administrator Carrie K. Olson, Plan Review x7235 cf) LOWE'S FRY SHORT PLAT LUA06-080-SHPL Technical Services and Development Services have reviewed and recommended approval for the above-mentioned short plat. Requirements and conditions have been fulfilled, fees paid. Two original mylars are attached and are submitted for your review and signature. Please return mylars to me for recording. Thank you. cc: Yellow File \ll:\PlanReview\COL'lON\Shortplats 200611.anding-lJ:>we's SHPL 07m ZimSign.doc • DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM September 21, 2006 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Carrie Olson, Plan Review x7235C,V LOWE'S SHORT PLAT LUA06-080-SHPL AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Appro~~ g~ ~ 1Q I ( },'(#:'8· s;Jw,oJh<o Robert T Mac Onie, Jr. Sonja e se Cc: Yellow File l:\PlanReview\COLSON\Shortplats 2006\Landing~Lo-we's SHPL OSm TS ReviewStart.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: TO: ROUTE TO: FROM: SUBJECT: September 12, 2006 Jan Illian, Plan Review Kayren Kittrick, Plan Review Carrie Olson, Plan Review Q [) LOWE'S SHORT PLAT LUA06-080-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachment included: • Short Plat drawings Approval: .x/iJali/4 -rJ<,(t Kayren Kittrick • ~o,:'A f'k: , Date: 'f!!y:/LfJ Illian Cc: Yellow File CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: TO: FROM: SUBJECT: September 18, 2006 Jill Ding, Plan Review rl n Carrie Olson, Plan Review V LOWE'S SHORT PLAT LUA06-080-SHPL Attached is the LUA folder for the short plat. We are in the final review stage ofrecording this short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me by Monday, September 18, 2006, so I can proceed to final recording. Thanks. • Short Plat drawings -~· <2'.fjl :t 2b ~Iii°g,Planner Cc Yell~le ,Date: 9/ 1'ct l:\PlanReview\COLSON\Shortplats 2006\Lowe's SHPL 03m Planning ReviewStart.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM September 18, 2006 Jan Conklin, Development Services Carrie K. Olson, Development Services/Plan Review x7235 {!__Q LOWE'S SHORT PLAT LUA06-080-SHPL A copy of the above mentioned short plat is attached for your information. If you have comments or changes m addressing, please let me know. 0:s:~~ ~~ ~-o'Z/-OG m ad~s~ --- /IW~4'\ ~IJw) .... -----------~// -~p~) ................ (vi; 2 d,./c:W/0 t jc,4 {/-c,l4- \~:\PlanReview\COLSON\'lhortplats 2006\Lowe's SHPL 02m Jane.doc -· September 26, 2006 >Mr.Mike Neer --=d--~ PACLAND · 11235 SE 60b Street, Ste #220 Bellevue WA 988004 CITY JF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: LOWE'S-FRY SHORT PLAT LUA-06-080 Dear Mr. Neer: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. SHORT PLAT REVIEW COMMENTS., (These items are required to be completed prior to recording of the short plat.) Approval is subject to the correction of a misspelled word (see attached). When the above items are completed, you may submit the signed and notarized short plat mylar (one original mylar and one copy (on mylar) of each sheet) along with a check in the amount of $15.73 (current courier fee) made out to CD&L. Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, iliJ'v~z_/K, {{k,,,1 Carrie K. Olson Development Services, Plan Review Yellow File _,_,1P_1._nR_•_v;_.w_,c_.o_LS_o_N\S_1_:-:-~-·:-:-t:-o:-:-:-:~-"~--L-:-:·-:'-:H-e:-:-o:-~-:-:-::-':-:gt-yl-::-'o-;-: 0 -~_ 5 _______ ~ .rn,. AHEAD OF THE CURVE An Engineering Sel'lices Company Civil \ Structural \ Planning \ Survey venue Suite 1000 'A S3101 .1855 If. 206.448'.7167 paceengrs.com MUNUMt.l~I..;> fl".J1..;v \'-•1' -- BASIS OF BEARINGS ~ S 89"28'22" E ON MONUMENlED SOU1H LINE Of NW 1/4 SECTION 8-23-5. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS 01HERl'<1SE NOlED. 1HE LOCATION AND DESCRIPTION Of ALL SURVEY MARKERS SHOWN HEREON ARE BASED ON FIELD OBSERVATIONS TAKEN IN AUGUST Of 2005, UNLESS 01HERl'<1SE INDICAlED. 1HE PRIMARY CONTROL WAS ESTABLISHED USING FAST STATIC GPS AND INlERMEDIAlE POINTS WERE ESTABLISHED USING CONVENTIONAL TRAVERSE ME1HODS. 1HE TRAVERSE WAS ADJUSTED USING A LEAST SQUARE ADJJSTMENT. 1HE LARGEST ANGULAR RESIDUAL IS 10 SECONDS 1HE LARGEST DISTANCE RESIDUAL IS 0.03 FEET THE LARGEST ERROR ELLIPSE OF 95 % CONFIDENCE IS 0.08' X 0.07' THE ERROR OF CLOSURE OF 1HE CLOSED LOOP TRAVERSE WAS EQUAL TO OR GREAlER 1HAN 1:50000 THIS TOPOGRAPHIC SURVEY DRAl'<1NG ACCURATELY PRESENTS SURFACE FEATURES LOCAlED DURING 1HE COURSE Of THIS SURVEY. UNDERGROUND UTILITIES SHOWN HEREON ARE BASED SOLELY UPON INFORMATION PROVIDED BY 01HERS AND PACE ENGINEERS INC. DOES NOT ACCEPT RESPONSIBILITY OR ASSUME LIABILITY FOR THEIR ACCURACY OR COMPLElENESS. CONTRACTOR/ ENGINEERS SHALL VERIFY EXACT SIZE AND LOCATION PRIOR TO CONSTRUCTION. CALL FOR LOCATE: UTILITY LOCATION SERVICE: 1-800-425-5555 WORK PERFORMED IN CONJUNCTION 1'<1TH THIS SURVEY UTILIZED THE FOLL01'<1NG EQUIPMENT AND PROCEDURES: (A) 2" GIEOOIMETER 600 SERIES ELECTRONIC TOTAL STATION, MAINTAINED TO THE MANUFACTURER'S SPECIFICATIONS PER W.A.C. 332-130-100. (B) FIELD TRAVERSE, EXCEEDING REQUIREMENTS SET FORTH IN W.A.C. 332-130-090. (C) TRIMBLE 4700 OR 5700 GPS RECEIVERS OPERA TED IN RTI< MOOE 1'<1TH A MAXIMUM POSITIONAL TOLERANCE OF 2 CENTIMElERS. NOlE: FENCE ENCROACHES 0.1' TO 0.3' INTO RIGHT Of WAY ALON~AVE. N. ' \ • PLAN REVIE\iV CITY OF RENTON ~WV t9:;345 V V" ~q~IS~~~ 10..t..ji Li"~ ElCPIRES 2/0J/08 SEP 2 I 2006 RECEIVED RENTON-LOWE'S SHORT PL. OWN. BY DATE JOB NO. DMB 09/20/2006 05770.1 CHKD. BY SCALE SHEET NSC N/A 1 OF 11235 SE6TI< STI!EET T 425.453.9501 S1JITE220 F 425.453.8208 BEu.EVUE, WA 98004 WWW.PAClAND.COM LETTER OF TRANSMITTAL Date: To: From: Re: Remarks: October 5, 2006 Carrie Olsen, City of Renton Mike Neer, P.E. Lowe's of Renton; Renton, Washington Final Short Plat Mylars Please find attached two (2) signed Mylar copies of the Lowe's of Renton Short Plat along with a check (#310008) in the amount of $15.73. Please let me know when this will be recorded as Lowe's and Fry's would I ike to close on the property on that date. Please contact me at (425) 453-9501 with questions. Thank you for your continued assistance throughout th is process. 2005127.014.00/rnlocotr03 lcp 11235 SE6TH STREET T 425.453.9501 SUITE 220 F 425.453.8208 BELLEVUE, WA 98004 WWW.PACLAND.COM LETTER OF TRANSMITTAL Date: September 21, 2006 To: Carrie Olsen, City of Renton From: Mike Neer, P.E. Re: Lowe's of Renton; Renton, Washington Short Plat Re-Submittal Remarks: PACLAN D is pleased to re-submit the Renton -Lowe's Short Plat Maps for your final approval prior to printing the plans onto Mylar. Find enclosed two (2) copies of the revised maps, dated September 20, 2006. The following revisions were incorporated into the short plat maps per your September 19, 2006 letter: 1. The City of Renton Mon #398 is now correctly noted as "#3736" on Sheet 2 of 3. 2. The bearing to center for the curves in the details (Sheet 3 of 3) has been added. 3. The curve length (east side of proposed Lot 1) has been corrected to be 277.65 feet on Sheet 3 of 3. 4. Item No. B, noted under the "EASEMENTS & EXCEPTIONS -CONTINUED" block (Sheet 2 of 3) now references the NORTHEAST corner of the subject property. Per our coordination, the recording numbers of the two dedicated right of way parcels will be written in at the time of recording (Sheet 3 of 3). We understand the dedicated right of way parcels will be recorded concurrently with the short plat map. Your expedited review of this short plat map is much appreciated. With your approval, we will print the short plat to Mylar for the owner's signature. Please contact us at (425) 453-9501 upon completion of your review. Thank you. 2005127.014.00/rnlocotr02.doc msn DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM September 18, 2006 Carrie Olson Sonja J. Fesser ~ Lowe's Short Plat, LUA-06-080-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: The City of Renton Mon #398 is incorrectly noted as "#3736" on Sheet 2 of 3. Provide the bearing to center for the curves in the details (Sheet 3 of 3). Correct the curve length (east side of proposed Lot I). Said length should be 277.65 feet. It is noted as "272.64'"on Sheet 3 of 3. Item No. B, noted under the "EASEMENTS & EXCEPTIONS -CONTINUED" block (Sheet 2 of 3) should reference the NORTHEAST corner of the subject property. The recording numbers of the two dedicated right of way parcels should be noted in the spaces provided (Sheet 3 of 3). \H:\File Sys\LND -Land Subdivision & Surveying Recortls\LND-20 -Short Plats\0463\RV060918.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM September 12, 2006 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Carrie Olson, Plan Review x7235 (}_() LOWE'S SHORT PLAT LUA06-080-SBPL AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Lot Closures • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: _____________ \,__ _________ , Date:. ____ _ Robert T Mac Onie, Jr. Sonja Fesser Cc: Yellow File l:IPlutRcviewlCO!.SON\Shortplats 2006\Lowc~ SHPL Olm PR-TS ReviewStart.doc '\,~y 0 o~,~ *" ~ ·~ + CITY .JF RENTON ~-~ KathyKeolker,Mayor Planning/Building/Public Worlcs Department Gregg Zimmerman P.E., Administrator &>N,rO September 19, 2006 Mr. Mike Neer PACLAND 11235 SE 6"' Street, Ste #220 Bellevue WA 988004 SUBJECT: LOWE'S-FRY SHORT PLAT LUA-06-080 Dear Mr. Neer: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit two copies of the short plat drawings to my attention. SHORT PLAT REVIEW COMMENTS: • The City of Renton Mon #398 is incorrectly noted as "#3736" on Sheet 2 of 3. • Provide the bearing to center for the curves in the details (Sheet 3 of 3). • Correct the curve length (east side of proposed Lot I). Said lerigth should be 277.65 feet. It is noted as "272.64"'on Sheet 3 of 3. • Item No. B, noted under the "EASEMENTS & EXCEPTIONS -CONTINUED" block (Sheet 2 of 3) should reference the NORTHEAST comer of the subject property. • The recording numbers of the two dedicated right of way parcels should be noted in the spaces provided (Sheet 3 of 3). You may contact Bob Mac Onie, Surveyor, at 425-430-7369 if you have questions with the above changes. Sincerely, Carrie K. Olson Development Services, Plan Review (425) 430-7235 Cc: Yellow File _'_'\P-lanR_•_vi_,w_,c_o_LS_o_N_;-: 5 -o:-:-·:-:-,:-o~-\La-n-;y-ing-~w- 8 -:-·:-:-::-:-: 0 -4~-:-:-::-.:-:-:~- 0 ,_s:-:-:-::-------~ 6+,.') This paper contains 50% recvcled material. 30% oost consumer AHEAD OF THE CURVE 11235 SE6TH STREET T 425.453.9501 SUnE220 F 425.453.8208 BELLEVUE, WA 98004 WWW.PAClAND.COM LETTER OF TRANSMITTAL Date: To: From: Re: September 12, 2006 Carrie Olsen, City of Renton Miyoung for Mike Neer, P.E. Lowe's of Renton; Renton, Washington Short Plat Submittal Remarks: PACLAND is pleased to submit the Short Plat Package for the Lowe's of Renton project. The following materials are enclosed: • Three (3) copies of the Short Plat survey, dated September 12, 2006 • Two (2) copies of the letter addressed to Ms. Fesser regarding Lowe's Short Plat, dated September 8, 2006 • Two (2) copies of the Lot Closure Calculations, dated September 11, 2006 If you should have any questions, please contact us at (425) 453-9501. Thank you. 2005127.014.00/rnlocotrOl .doc mmt September 8, 2006 Ms Sonja Fesser City of Renton Planning/Building/Public Works Dept. 1055 S Grady Way Renton, WA 98055 Subject: Lowe's Short Plat (LUA06-080, SHPL-A) Dear Ms. F esser; We have made the corrections and additions to the short plat maps as requested. The following revisions are in the new set of drawings dated 9/08/06. Deed of Trust Rec. No. 2003 l l l 9002577 has been removed. The CC & R's have been added to the "Easements & Exceptions" Indexing information has been modified as requested. R/W dedications have been added to the drawing and a space left for recording number. It is our understanding from talking with Bob MacOnie that these deeds will be in front of the city council on Monday, 9/l l/06. LUA and LND numbers have been added to each sheet. Renton control points have been labeled and are also listed in the survey notes. Short Plat Lot closure calculations are attached to this letter. Renton Seal has been removed. Zoning and setback info. have been removed. Symbols for property comers to be set have been added and noted in the legend. Discrepancies between deed and measured are on the map. Adjoining property has been labeled as "Unplatted". Fence encroachments along the west line have been noted. Addresses have been added for both lots. Please let us know if there are any other issues that need to be addressed at this time. Best regards, Fred Williamson Survey Project Manager PACE Engineers. .... 05770.12 Renton Lowe's Short Plat Revised Lot Lines per R/W Dedications 9/11/06 F.W. Figure Name: REV. LOT 1 Course: S 18-01-40 E Arc Length: 277.65 Course: N 89-30-10 W Course: N 89-28-22 W Course: N 00-25-55 E Arc Length: 13 .61 Course: N 44-06-18 W Arc Length: 13.52 Course: N 06-39-21 W Course: S 83-20-39 W Course: N 00-29-31 E Arc Length: 293.83 Course: N 18-00-30 W Course: N 79-06-14 E Course: N I 0-53-46 W Course: N 71-05-10 E Arc Length: 47.57 Course: N 18-08-48 W Course: N 71-59-30 E Perimeter: 3212.20 Area: 501610.85 Distance: 912. 13 Radius: 810.39 Delta: -19-37-48 Distance: 35.61 Distance: 546.86 Distance: 0.35 Radius: 52.00 Delta: 15-00-04 Distance: 52. 72 Radius: 52.00 Delta: 14-53-40 Distance: 32.95 Distance: 0.24 Distance: 167.75 Radius: 910.00 Delta: -18-30-01 Distance: 352.55 Distance: 0.63 Distance: 32.94 Distance: 3.50 Radius: 36.00 Delta: 75-42-19 Distance: 31.68 Distance: 396.1 l 11.52 acres Mapcheck Closure -(Uses listed courses & COGO Units) Error of Closure: 0.014 Course: N 41-12-57 W Precision I: 232222.49 Figure Name: REV. LOT 2 Course: S 18-01-40 E Course: S 71-59-30 W Course: N 18-08-48 W Arc Length: 4 7.48 Course: S 68-32-59 W Course: N 18-00-30 W Course: N 08-39-15 W Course: N 31-53-55 E Course: N 49-05-06 E Perimeter: 2854.41 Area: 424714.72 Distance: l 082.98 Distance: 396.11 Distance: 32. 99 Radius: 36.00 Delta: 75-33-33 Distance: 8.33 Distance: 769.85 Distance: 47.07 Distance: 62. 78 Distance: 406.82 9.75 acres Mapcheck Closure -(Uses listed courses & COGO Units) .... Error of Closure: 0.008 Precision 1: 357424.63 Figure Name: REV. LOT 1 Course: S 51-50-50 E North: 184934.4319 East: 1303121.1920 Course: S 18-01-40 E Distance: 912.13 North: 184067.0847 East: 1303403.4751 Arc Length: 277.64 Radius: 810.39 Delta: -19-37-48 Tangent: 140.20 Chord: 276.29 Ch Course: S 27-50-34 E Course In: N 71-58-20 E Out: S 52-20-32 W Ctr North: l 84317.8826 East: 1304174.0803 End North: 183822.7810 East: 1303532.5148 Course: N 89-30-10 W Distance: 35.61 North: 183823.0900 East: 1303496.9100 Course: N 89-28-22 W Distance: 546.86 North: 183828.1221 East: 1302950.0683 Course: N 00-25-55 E Distance: 0.35 North: 183828.4 720 East: 1302950.0709 Arc Length: 13.61 Radius: 52.00 Delta: 15-00-04 Tangent: 6.85 Chord: 13.58 Ch Course: N 82-04-03 W Course In: N 00-25-55 E Out: S 15-25-59 W Ctr North: 183880.4706 East: 1302950.4629 End North: 183830.3456 East: 1302936.6251 Course: N 44-06-18 W Distance: 52.72 North: 183868.2020 East: 1302899.9333 Arc Length: 13.52 Radius: 52.00 Delta: 14-53-40 Tangent: 6.80 Chord: 13.48 Ch Course: N 06-11-44 W Course In: N 76-21-26 E Out: N 88-44-54 W Ctr North: 183880.4671 East: 1302950.4661 End North: 183881.6030 East: 1302898.4 785 Course: N 06-39-21 W Distance: 32.95 North: l 83914.3309 East: 1302894.6594 Course: S 83-20-39 W Distance: 0.24 North: 183914.3031 East: 1302894.4211 Course: N 00-29-31 E Distance: 167.75 North: l 84082.0515 East: 1302895.8614 Arc Length: 293.83 Radius: 910.00 Delta: -18-30-01 Tangent: 148.21 Chord: 292.56 Ch Course: N 08-45-30 W Course In: N 89-30-29 W Out: N 71-59-30 E Ctr North: 184089.8648 East: 1301985.8949 End North: 184371.1961 East: 1302851.3155 Course: N 18-00-30 W Distance: 352.55 North: 184706.4752 East: 1302742.3227 Course: N 79-06-14 E Distance: 0.63 North: 184706.5943 East: 1302742.9414 Course: N 10-53-46 W Distance: 32.94 North: 184738.9404 East: 1302736.7148 Course: N 71-05-10 E Distance: 3.50 North: 184740.0746 East: 1302740.0248 Arc Length: 47.57 Radius: 36.00 Delta: 75-42-19 Tangent: 27.98 Chord: 44.18 Ch Course: N 18-55-52 E Course In: N 71-04-43 E Out: N 33-12-58 W Ctr North: 184751.7484 East: 1302774.0795 End North: 184781.8664 East: 1302754.3587 Course: N 18-08-48 W Distance: 31.68 North: 184811.9738 East: 1302744.4910 Course: N 71-59-30 E Distance: 396.11 North: 184934.4319 East: 1303121.1920 Perimeter: 3212.19 Area: 501610.85 11.52 acres Mathematical Closure -(Uses Survey Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision 1: 3212194685.56 Figure Name: REV. LOT 2 North: 185964.2480 East: 1302786.0324 Course: S 18-01-40 E Distance: 1082.98 North: 184934.4319 East: 1303121.1920 Course: S 71-59-30 W Distance: 396.11 North: 184811.9738 East: 1302744.4910 Course: N 18-08-48 W Distance: 32.99 North: 184843.3199 East: 1302734.2172 Arc Length: 47.48 Radius: 36.00 Delta: 75-33-33 Tangent: 27.90 Chord: 44.11 Ch Course: N 54-34-56 W Course In: N 02-21-43 W Out: S 73-11-50 W Ctr North: 184879.2893 East: 1302732. 7336 End North: 184868.8825 East: 1302698.2706 Course: S 68-32-59 W Distance: 8.33 North: 184865.8362 East: 1302690.5176 Course: N 18-00-30 W Distance: 769.85 North: 185597.9725 East: 1302452.5144 Course: N 08-39-15 W Distance: 47.07 North: 185644.5066 East: 1302445.4317 Course: N 31-53-55 E Distance: 62. 78 North: 185697.8058 East: 1302478.6058 Course: N 49-05-06 E Distance: 406.82 North: 185964.2480 East: 1302786.0324 Perimeter: 2854.40 Area: 424714.72 9.75 acres Mathematical Closure -(Uses Survey Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision I: 2854400990.98 CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: September 13, 2006 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Lowe's Short Plat LUA (file) Number: LUA-06-080, SHPL-A Cross-References: LUAOS-161, SA-M, SA-H, ECF -Lowe's of Renton AKA's: . Project Manager: Jill Ding Acceptance Date: July 18, 2006 Applicant: Jim Manion, Lowe's HIW Owner: Dash-80, LP Contact: Mike Neer, PACLAND PID Number: 082305921700 ERC Decision Date: ERC Appeal Date: Administrative Approval: August 14, 2006 Appeal Period Ends: August 28, 2006 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel Into two lots located within the Urban Center -North l (UC-Nl) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUAOS-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acresl. Location: 800 Garden Avenue N Comments: i September 1, 2006 Mik Neer PACLAND 11235 SE 6'h Street #220 Bellevue, WA 98004 SUBJECT: Lowe's Short Plat LUA06-080, SHPL-A Dear Mr. Neer: CITY F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator This letter is to inform you that the appeal period ended on August 28, 2006 for the Administrative Short Plat approval. No appeals were filed. This decision is final and you may proceed with the next step of the short plat process. The enclosed handout, titled "Short Plat Recording," provides detailed information for this process. The advisory notes and conditions listed in the City of Renton Report & Decision dated August 14, 2006 must be satisfied before the short plat can be recorded. If you have any questions regarding the report and decision issued for this short plat proposal, please call me at (425) 430-7219. For questions regarding the recording process for the short plat, as well as for submitting revised plans, you may contact Carrie Olson at (425) 430-7235. Sincerely, ·1r. ~)_ Jill K. Ding 7J Senior Planner cc: Dash-80, L.P. / Owner Jim Manion -Lowe's HIW / Applicant Stuart Su/man / Party of Record Enclosure -------10_5_5_So_u_th_G_r_ad_y_W_a_y_--R-en_t_on,_W_as_h_in_gt_o_n_9_80_5_5 ______ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE August 30, 2006 Mike Neer PACLAND 11235 SE 6th Street #220 Bellevue, WA 98004 Subject: Dear Mr. Neer: Lowe's Short Plat LUA06-080, SHPL-A CIT'\ JF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Please find attached comments from the City's Property Services Section dated August 18, 2006. These comments will guide you in the preparation of the final short plat drawings. Please contact me at (425) 430-7219 if you have any questions. Sincerely, cµJ1{;[}7i ~illK.Ding V Senior Planner · cc: Dash-80, LP. / Owner Jim Manion, Lowe's HIW / Applicant -------10_5_5-So_u_th_G_r_ad_y_W_a_y __ -R-eu-to_n_, W-as-hi-ngt-on-98-0-55 ______ -~ .-n. AHI-.AO OF THE CURVE City v, , .enton Department of Planning I Building I Pu __ ,, Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: F \)\\.lQP COMMENTS DUE: AUGUST 1, 2006 APPLICATION NO: LUA06-080, SHPL-A DATE CIRCULATED: JULY 18, 2006 APPLICANT: Jim Manion, Lowe's HIW PROJECT MANAGER: Jill Dina PROJECT TITLE: Lowe's Short Plat PLAN REVIEW: Jan Illian SITE AREA: 930,874 sauare feet BUILDING AREA lnrossl: NIA LOCATION: 800 Garden Avenue N I WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water Uaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans ation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000Feet 14,000Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date ' DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM August 18, 2006 Jill Ding Sonja J. Fesser;;,i Lowe's of Renton Short Plat, LUA-06-080-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: The Deed of Trust reference (Rec. No. 20031119002577) should be removed from under the "EASEMENTS & EXCEPTIONS" block (as noted within the First American Title Insurance Company Second Report document, File No. NCS-171106-SA 1, "Schedule B", dated September 25, 2005). Also to be removed from said block, is the subordination agreement (Rec. No. 20031119002578), the stipulations of the partnership agreement document and the reference to unrecorded leaseholds document. These items do not directly impact the subdivision. Two CC&R' s documents noted in said "Schedule B" may need to be added to the "EASEMENTS & EXCEPTIONS" block (noted in the previous paragraph). Said CC&R' s were recorded under Rec. Nos. 20001117001354 and 20001117000535. Review and add to the drawing as needed. The indexing information, noted in the upper right-hand corner of all three drawing sheets, is incomplete. Said property is located not only in the NW 14 of Section 8, but is also located in the NW 14 of the NE 14 of said Section 8. The City has two Deed of Dedication documents executed by the applicant, which are not shown on this subdivision drawing. Note the recording numbers of said documents on said drawings. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-06-080-SHPL and LND-20-0463, respectively, on the drawings, preferably in the upper right-hand corner. The type \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plats\0463\RV060808.doc August 2 I, 2006 Page 2 size used for the land record number should be smaller than that used for the land use action number. Show a tie to two City of Renton Survey Control Network monuments. The geometry will be checked by the city when the ties have been provided. Provide short plat and lot closure calculations. Remove the City of Renton "SEAL" from the short plat submittal. Remove the references to setbacks and zoning, noted under the "GENERAL NOTES" block. Indicate what has been, or is to be, set at the new comers of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note whether the property to the east of the subject parcel is platted (give plat name and lot/track number) or unplatted. Note encroachments, if any. The city will provide addresses for the proposed lots as soon as possible. Note said addresses on the short plat drawing. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The short plat will be recorded first (by King County). The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is provided for your use and information. Comments for the Project Manager: Is the city requiring a joint access agreement/easement for this short plat? Sheet 2 of 3 (under the "EASEMENTS & EXCEPTIONS" block) of the title report notes that a Certificate of Formation for Lowe's HIW, INC. is not currently on file with the Secretary of State, as required by statue. Is this a concern for the city? H:\File Sy;;\LND -Land Subdivision & Surveying Recur<ls\LND-20 -Short Plats\0463\R V060808.doc\cor ,· ; __,_ • PRO l'Y SERVICES FEE REVIEW #2006 - 0 DEVELOPMENT APPLICATION REVIEW SHEET 0 ENVIRONMENTAL CHECKLIST REVIEW SHEET =~~!ii~~=Q 0 0 PLAN REVIEW ROUTING SLIP OTIIER RECEIVED FROM--~~ WO# ________ (date) GREEN# _____ _ ~/ SPECIAL ASSESSMENTS AND CONNECTION FEES APPLIED NEED MORE INFORMATION: 11T SPECIAL ASSESSMENTS AND CONNECTION FEES ESflMATED D SQUARE FOOTAGE D D D LEGAL DESCRIPTION VICINITY MAP OTIIER D NOT APPROVED FOR APPLICATION OF FEES D FRONT FOOTAGE D ..,.-'VEs'IBD D NOT VESTED Iii' This fee review supersedes and caucels fee review # 2~ -oz. dated =2./~,.,I A"'ey;,=~~== rn_ D PARENT PID# (subject to~)_ SUBJECT PROPERTY PID# VD 2 '.) Q 5 -9 2-[ 1 D King Co. Tax Acct# (new) _______ _ Triggering mechanisms for the SOC fees will be based on current City ordinances and determined by the applicable Utility Section. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The following quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FE" Latecomer A=eement (ovtl WATER ----Latecomer A21"eement tnvtlWASTEWATER -- Latecomer A21"eement lnvt)OTHER ---------Special Assessment DistricUW ATER ---------Special Assessment District/WASTEWATER ----Joint Use Aereemeot (METRO\ ~ Local lmnrovemeot District ----• Traffic Benefit Zones $75.00 PER TRIP. CALCULATED BY TRANSPORTATION ' FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE -WATER 6everPd #OFUNITS/ SDCFEE 0 PdPrev. 0 Partiallv Pd (Ltd Exemotion) SQ. FTG. Sirutle family residential $1,956/unit x Mobile home dwellinP unit $1,956/unit in nark Apartment, Condo $1,174/unit not in CD or COR zones x Commercial/Industrial, $0.273/=. ft. of nro=rtv (not less than $1,956.00) x <I--'? ( -;,.. .1\-s (e) \\l. _ ?>'12, 1'1 Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (l,IOO GPM ,.......,, I , SYSTEM DEVELOPMENT CHARGE-WASTEWA~ D Pd Prev. 0 Partiallv Pd (Ltd Exemntion) Never Pd Sin2le familv residential dwelUn!! unit $1.017/nnit x Mobile home dwellin2 unit $1,017/unit x Aoartment, Condo $610/unit not in CD or COR zones x Commercial/Industrial, $0.142/s . ft. of ro ert (not less than $1,017.00) x t.i /} r. , ,;,,us-<J,) l nO'.h 54® . '1 '1 llC Does NOT Annly 0 1 Mav Annlv SYSTEM DEVELOPMENT CHARGE -SURFACEW~ 0 Pd Prev. D Partiallv Pd (Ltd Exemntion) Never Pd Sin!!le familv residential and mobile home dwellin!! unit $759/unit x All other properties $0.265/sq ft of new impervious area of property x TeiP® (not Jess than $759.00) I PRELIMINARY TOTAL $ ,-r/1.,., 'ii ., • 0 " 0 "' • If subject property is within an LID, it is developer's responsibility to check with the Finance Dept. for paid/on-paid status. ** If an additional water meter ( or hydrant) is being installed for fire protection or an additional water meter is being installed for private landscape irrigation, please advise as above fees may change. ~ (I) ~foo1AGit n~ \JfJN AH-f(C.if'tlTt--0 Stkle-r'f'Ul' 6 1GfAf-z.1-t-,<1ceu srrtr l\ifb g 1 !7'P" V '"" "'}., I.()\ & ~ lf 1('.121).) \IYlf'rl{v,oJ;, Af f1!U1, Of' l'ru-\1\l 'llltW WLL 'KtC4\.....G Prf -nl/r1 111-'8. EFFECTIVE: January 8, 2006 -i l l l -~ ~ j 1 1 l I I l -i •. I City o, "enton Department of Planning I Building I Pu., .. c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET cs COMMENTS DUE: AUGUST 1, 2006 APPLICATION NO: LUAOG-080, SHPL-A DATE CIRCULATED: JULY 18, 2006 APPLICANT: Jim Manion, Lowe's HIW PROJECT MANAGER: Jill Din PROJECT TITLE: Lowe's Short Plat PLAN REVIEW: Jan Illian SITE AREA: 930,874 s uare feet BUILDING AREA ross : N/A LOCATION: 800 Garden Avenue N I WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504.486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water /]nht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans Non Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airport EnWronment 10,000Feet 14,000 Feet 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this appUcation with particular attention to those areas in which we have expertise and have identit;ed areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date REPORT & DECISION A. REPORT DATE: Project Name Owner: Applicant: Contact: Fife Number Project Description Project Location Project Location Map City of Renton Oeparlment of Planning I Building I Public Works ADMINISTRATIVE SHORT PLAT REPORT & DECISION SUMMARY AND PURPOSE OF REQUEST: August10,2006 Lowe's Short Plat Dash-80, L. P. 440 N First Street, ste 200 , San Jose, CA 95112 Jim Manion Lowe's HIW, 1530 Faraday Avenue, ste 140 , Carlsbad , CA 92008 Mike Neer, PACLAND, 11235 SE 61 h Street, ste 220 , Bellevue, WA 98004 LUA-06-080, SHPL-A Project Manager Jill K. Ding, Senior Planner The applicant is requesting Administrative Short Plat approval for the sub div ision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N 1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and has received Master Site Plan and Site Plan Re view (file no. LUAOS-161) approval on August 8, 2006. The proposed lot areas are as follows : Lot 1 at 504,486 square fee t (11.58 acres) and Lot 2 at 426 ,388 square feet (9.79 acres). 800 Garden Avenue N AdmjnRPT_Lowes doc REPORT City of Renton Department of Planning I Building I Public Works & DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPOR T DA TE: August14,2006 Project Name Lo we's Short Plat Owner: Dash-80, L. P. 440 N Fi rst Street. ste 200, San Jose , CA 95112 Applicant: Jim Manion Lowe's H IW , 1530 Faraday Avenue , ste 140, Carlsbad , CA 920 08 Contact: Mike Neer, PACLAND , 1 1235 SE 5th Stree t , ste 220 , Bellevue, WA 98004 File Number LUA-06-080, SHPL-A / Project Manager 1 J ill K. D in g , Sen ior Pla nn e r Project Description T he app li cant is request ing Adm in istr at ive Short Pla t approva l for the su b di v is ion of an e x isting 930,8 74 sq uare foo t (21.4 acre) parcel into two lots loca ted within the Urb an Center -North 1 (UC-N1 ) zoning designat ion . An ex ist ing 151 ,840 square fo ot Fry 's electronics store is lo cated on proposed Lot 1. A proposed 129,342 square foot Lowe 's h ardware store with a 26,222 square foo t Garden Center wou ld be located on prop osed Lot 2 and h as rece ived Master Site Pl an and Site Pl an Review (fi le no. LUA05-16 1) ap proval on August 8, 2006 . Th e proposed lot areas are as follows : Lot 1 at 504,486 sq ua re fe et ( 11 .5 8 acres) and Lot 2 at 426,388 square feet (9 . 79 acres). Project Location 800 Garden Avenue N Project Location Map AdminRPT_Lowes.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SH PL-A B. GENERAL INFORMATION: 1. 2. Owners of Record: Zoning Designation: Dash -80, L.P. Urban Center-North 1 (UC-N1) 3. Comprehensive Plan Land Use Designation: Urban Center North (UCN) 4. Existing Site Use: The site has been previously been used as a parking lot. 5. Neighborhood Characteristics: North: Park Drive N (UC-N2 zone) East: Heavy Industrial {IH) zone South: Heavy Industrial (IH) zone West: Urban Center -North 1 (UC-N 1 ) zone 6. 7. Access: Site Area: Via driveways onto Garden Ave N, N 81h Street, or Houser Way N 930,874 square feet/21.4 acres C. HISTORICAUBACKGROUND: Action Comprehensive Plan Zoning Annexation Fry's Environmental Review Master Site Plan and Site Plan Review D. PUBLIC SERVICES: 1. Utilities Land Use File No. N/A N/A N/A LUA01-052 LUA05-161 Ordinance No. 5099 5100 1793 N/A N/A Water: Water improvements to be installed under other permits. Sewer: Sewer improvements to be installed under other permits. Date 11/01/2004 11/01/2004 09/15/1959 05/08/2001 08/08/2006 Surface Water/Storm Water: Stormwater improvements to be installed under other permits. 2. Streets: Street improvements to be installed under other permits. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-180: Commercial Blocks and Lots-General Requirements and Minimum Standards AdminRPT _Lowes.doc Page 2 City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SHPL·A Page 3 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1 . Land Use Element -Urban Center North G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant, Jim Manion of Lowe's, is proposing to subdivide a 21.4-acre (930,874 square foot) parcel zoned Urban Center -North 1 (UC-N1) into two lots. The property is located south of Park Drive N, east of Garden Avenue N, and North of N g<h Street. Proposed lot sizes are: Lot 1 at 504,486 sq. ft. and Lot 2 at 426,388 sq. ft. Access to the proposed lots would be provided via Garden Avenue N, N 8'h Street, or Houser Way N. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation AdminRPT_Lowes.doc The site is designated Urban Center North (UCN) on the Comprehensive Plan Land Use Map. The purpose of the UC-N is to redevelop industrial land for new office, residential, and commercial uses at a sufficient scale to implement the Urban Centers criteria adopted in the Countywide Planning Policies. This portion of the Urban Center is anticipated to attract large-scale redevelopment greater than that in the Urban Center-Downtown, due to the large available land holdings under single ownership. In addition, this new development is expected to include a wider group of uses including remaining industrial activities, new research and development facilities, laboratories, retail integrated into pedestrian-oriented shopping districts, and a range of urban- scale mixed-use residential, office and commercial uses. The combined uses will generate significant tax income for the City and provide jobs to balance the capacity for the more than 5,000 additional households in the Urban Center. The proposal is consistent with the following Comprehensive Plan Land Use Element policies: Policy LU-272. Support uses that serve the region, a sub-regional, or citywide market as well as the surrounding neighborhoods. The proposed short plat would create two parcels, which are proposed to be developed with a Lowe's retail store as specified under the approved Lowe's Master Plan and Site Plan (File No. LUA05-161 ). The implementation of the Lowe's Master Plan would create a development, which would serve at a minimum the surrounding neighborhoods and possibly an even larger market. Policy LU-280. Use a hierarchy of conceptual plan, master plan and site plan review and approval to encourage the cohesive development of large land areas within the Urban Center-North. Incorporate integrated design regulations into this review process. City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SHPL-A Page 4 The subject property was previously reviewed under the Lowe's Master Plan and Site Plan and is proposed to be developed with a Lowe's retail structure. b) Compliance with the Underlying Zoning Designation The subject site is designated Urban Center -North 1 (UC-N1) on the City of Renton Zoning Map. The proposed development would allow for the future construction of a commercial development on the subject property. The allowed density range in the UC-N1 zone is a minimum of 20 (unless a mixed use development is proposed) to a maximum of 85 dwelling units per acre. Density for flats may be increased up to 150 dwelling units per net acre provided that ground-floor commercial uses are incorporated into the structure. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. No residential units are proposed on the subject property; therefore this section does not apply. The allowed building lot coverage in the UC-N1 zone is 90 percent of the total lot area or 100 percent if parking is provided within the building or within a parking garage. The building footprint of the proposed Lowe's was previously reviewed during Site Plan Review and would be verified at the time of building permit review. The building footprint of the existing Fry's building is 151,840 sq. ft., which would result in a 30 percent lot coverage on the 504,486 sq. ft. proposed Lot 2. The project is in compliance with the building lot coverage requirement. The required setbacks in the UC-N1 zone are as follows: the minimum front yard and side yard along a street setbacks are O feet and the maximum front yard and side yard along a street setbacks are 5 feet, no interior side or rear yard setbacks are required. The Director of Development Services issued a Determination, which states that the maximum front yard and side yard along street setbacks may be altered through the Site Plan Review Process without the need for a variance, which would be consistent with maximum setback requirements applicable in other commercial zoned within the City of Renton. The existing Fry's building exceeds the maximum 5- foot front yard setback and side yard along a street setback, however the proposed short plat would not increase the nonconformity, therefore no variance would be required. The setbacks for the proposed Lowe's building on Loi 2 was previously reviewed during Site Plan Review and would be verified at the time of building permit review. The parking regulations require a minimum number of spaces depending on the use proposed. Along a pedestrian-oriented street parking may not be located between the proposed building associated with the parking and pedestrian-oriented public streets unless located within a structured parking garage. On other arterials, local streets, and internal streets parking shall be located consistent with RMC 4-3-100E1 Urban Center Design Overlay Regulations. Compliance with the parking requirements was reviewed during Site Plan Review and would be verified at the time of building permit review. c) Community Assets The subject property was previously used as a parking lot; there is no vegetation on the property. The City's landscaping regulations require the installation of landscaping within all required setback areas along a street frontage. Additional landscaping is required within surface parking lots based on the number of parking spaces provided. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. Compliance with the landscaping requirements was previously reviewed during the Site Plan Review and would be verified at the time of building permit review. d) Compliance with Subdivision Regulations AdminRPT_Lowes.doc Streets: No new public streets would be created as part of the proposed short plat. The subject property has frontage along Park Drive N, N 81 " Street, and Garden Avenue N. No street improvements are required to be installed under this short plat. All street improvements will be installed under other permits. Blocks: No new blocks will be created as part of the proposed short plat. City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SHPL-A Page 5 Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the UC-N1 zone. Each lot is roughly rectangular in shape. Both of the proposed lots provide direct access to a public street (Houser Way N, N 8th Street, or Garden Avenue N). The minimum lot size in the UC-N1 zone is 25 acres, however the minimum lot size can be amended through Site Development Plan Review under RMC 4-9-200. The subject property was included in the Lowe's of Renton Master Plan (LUA05-161 ), which was approved August 08, 2006. Under the Master Plan, it was indicated that a Lowe's retail development would occupy the subject property. The proposed subdivision would further the implementation of the Master Plan, therefore per the pending Master Plan lot sizes less than 25 acres in area may be permitted on the property. Proposed Lot 1 would be 504,486 square feet (11.58 acres) in area and proposed Lot 2 would be 426,388 square feet (9.79 acres) in area. There is no minimum lot width or depth required in the UC-N1 zone. Proposed Lot 1 has a lot width of 431 feet and lot depth of 1,090 feet. Lot 2 has a lot width of 431 feet and a lot depth of 900 feet. The dimensions of the proposed lots meet the minimum width and depth requirements and are compatible with other existing lots in this area under the same UC-N 1 zoning classification. In addition, both lots appear to contain adequate building areas for the construction of the proposed Lowe's retail development when taking setbacks and lot coverage requirements into consideration. These requirements were previously reviewed during Site Plan Review and will be verified at the time of building permit review. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way (Houser Way N, N 81 h Street, and Garden Avenue N) via driveway entrances. Topography: The topography of the subject site is flat. Relationship to Existing Uses: The properties surrounding the subject site are commercial and industrial uses designated Urban Center -North 1 (UC-N1 ), Urban Center -North 2 (UC-NZ), and Heavy Industrial {IH) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan, Zoning Code, and The Lowe's Master Plan (LUAOS-161), which is pending. f) Availability and Impact on Public Services (Timeliness) H. Findings: Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the installation of Code required improvements and the payment of fees. Storm Water No stormwater improvements will be installed with this short plat. All storrnwater improvements will be installed under separate permits. The Surface Water System Development Charges will be assessed prior to the issuance of building permits. Utilities: No utility related improvements will be required to be installed under this short plat. All utility related improvements will be installed under separate permits. The Water and Sewer System Development Charges will be assessed and paid prior to the issuance of building permits. Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Lowe's Short Plat, File No. LUA-06-080, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Urban Center North (UCN) land use designation. AdminRPT _Lowes.doc City of Renton P/BIPW Department Administrative Land Use Action REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SHPL-A Page 6 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Urban Center -North 1 (UC-N1) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. A lot size of less than 25 acres is permitted as the subject property was reviewed under The Lowe's Master Plan (LUA05-161 ). 6. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 7. Existing Land Uses: Land uses surrounding the subject site include: North: Park Drive N (zoned UC-N2); East: Industrially zoned properties (zoned IH); South: Industrially zoned properties (zoned IH); and West: Commercially zoned properties (zoned UC-N1 ). 8. Setbacks: The setbacks for future development on Lot 2 were reviewed during the Site Plan review process and will be verified during the building permit review. The setbacks for the existing development on Lot 1 were reviewed, and the existing building exceeds the maximum front and side yard along a street setbacks. The existing building is an existing non-conforming use and the short plat would not exacerbate the situation, therefore a variance is not required. 9. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the proposed development. 10. Public Utilities: Utility improvements will be under separate permits. I. Conclusions: 1. The subject site is located in the Urban Center North (UCN) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Urban Center -North 1 zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions are complied with. 3. The proposed short plat would create two lots less than 25 acres in area, which may be permitted as the site was reviewed under the approved Lowe's Master Plan (LUA05-161 ). 4. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions are complied with. 5. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Lowe's Short Plat, File No. LUA-06-080, SHPL-A, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: decision date AdminRPT_Lowes.doc City of Renton P/8/PW Department REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SHPL·A TRANSMITTED this 141" day of August, 2006 to the Owner: Dash-80, LP. 440 N First Street, ste 200 San Jose, CA 95112 TRANSMITTED this 141" day of August, 2006 to the Applicant: Jim Manion Lowe's HIW 1530 Faraday Avenue, ste 140 Carlsbad, CA 92008 TRANSMITTED this 14 1" day of August, 2006 to the Contact: Mike Neer PACLAND 11235 SE 61 , Street, ste 220 Bellevue, WA 98004 TRANSMITTED this 14 1" day of August, 2006 to the Parties of Record: No Parties of Record TRANSMITTED this 14 1" day of August, 2006 to the following: Larry Meckling, Building Official Stan Engler, Fire Marshal Neil Watts, Development Services Director Jennifer Henning Jan Conklin Carrie Olson South County Journal Land Use Action Appeals & Requests for Reconsideration Administrative Land Use Action Page 7 The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, lf the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 28, 2006. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. AdminRPT_Lowes.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED August 14, 2006; PROJECT LUA-06-080, SHPL-A Page 8 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. Property Services 1 . To be sent under separate cover Fire 1. Street addresses shall be visible from a public street. Plan Review-Storm/Surface Water 1. The Surface Water System Development Charges will be assessed and paid prior to the issuance of building permits. 2. Stormwater improvements will be installed under separate permits. Plan Review -Sewer 1. Sanitary Sewer System Development Charges will be assessed and paid prior to the issuance of building permits. 2. Sewer improvements will be installed under separate permits. Plan Review -Water 1. Water System Development Charges will be assessed and paid prior to the issuance of building permits. 2. Water improvements will be installed under separate permits. Plan Review -Streets/Transportation 1. Street improvements will be installed under separate permits. Plan Review -General 1. All plans shall conform to the Renton Drafting Standards. AdminRPT _Lowes.doc -1 0 ~ 0 z m < w u < u w ~ 0 z 0 ~ ~ 0 ~ ;,; z 0 ;:: .. w X w .. rJ) 1-z w, ::E' wl ~I ~ • w ~ ~ z o·; N '" 0 z 0 ~ u w w • :::- • z .; :::- w w ~ • :::- w z "' <? 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FOI.J>IO l,WP,I 11'1 C.O.SE .O.S NOlED 11 a, ?;I ---MATCHLINE SEE ABOVE RIGHT - ~ ' ' ~ pll<ci$"f.rt ~-'ifi'.",;<,~) RECORDING NO. VOL./PAGE \.!> rj)I_C ;;_?·ti • ~'l."!/J1 'fer,..) t,._oa· \..~1)-~ pc; ';'"-" IP' \ll cl'~ t1(-r: f'€'.l'Jl'."5'5~ r$ccr--> ,.!> _;..;e ,-OJ.f1 (.1)11~ ,..,. \l'C-"'~\!,-1119't 1'' SCALE: l DICH • 100 !'T. o!l-~ ,>C l'i,.. >I ,,_., ••. ~ 00 M 100 \.1-0 = "" PORTION OF __ MATCHUNE SEE BELOW LEFT I"'-,j-. "'" -''-1/4, NW 1/4 SECTION 08, 1·. 2J N., R. 5 E., W.M. \ \"' \ ----~o,-: -------------1---- \~ \ t \'\ \ I \ \ \ I \ \\ \ ~\ \ ~\ . \ *\_.1i:.,<:JJ \ i\ of~, \...o\ ' \ ,:,!C· p•-~ 11"' \ \ "·' /;:,~~~ "" Gl ~ \ ,1 <{~i't,y:io1'¢ t -r"'t·'"' -.0 ~, \ \ 16: ;. --::-.-:;:,.. >-I ~ I \_.,/_-,,.>'•I ~\ \ y---·--\ . \ ----, \ z. \ _.--------\ . I .-_. \ r----~ • • I \ \1 t I \ "!·"i' . ~\ \ ,i1s' "' .... •I \ ;,f. \ I I I 1\ I II I II 't."i,.\S"il.t!,,G,:J.IICS f~-(S ~\~\~0-f"I'. ~ \'5.J, \\lo c,..st ~~\llcc,:tj; I d : \ I I I I I I r' i I LJ· ,.,.-I r ~f&)<;:r 1, --T' e1 1 "" . I I . l ~i¢' ~ ____I /--1 5.00" 111'~.,,tO &--1'J. ~ -,,,~ i_cftl A•.~• I I L_L ___ _ t""-"' I I J_ ~+---· --L __ ------:-eoo.26·\- I I I s/; ~:~ f! al: ,, .,~rfi~~'il,._,i'.I'. 'fii.~rroe'-, ... i:IJO'?,Of!> ' ~r<,.:.\;~\') /' ti11.t, • I b ,~ • ..,,"" ""'•"' ' fc;.lt<'\~tll 1~'11'.fl . I ,fl'""' ~"f<.1.l ¢, ,..ccr.:~c,:,.Ol'I· /rf> ~,g:1~()'1,/1'1 -----_Ji=ffl?f.ir. ___ ,_ -------=-: -------------NORTH8THSTREET ----- RENTON-LOWE'S Short Plat -·- OWN BY "' CHKO. BY "' DATE o5/2JL2006 SCALE 1· ~ 100· J06 "10 05770.12 SHEET oc uE'..IELOPMENT PLANNING CITY OF RENTON JUN 2 7 2006 RECEIVED ,j; -· I i I i i i i i i i I i i I i B L A LOT 4 L N. LOT I ATLAS OF SUTTLE _,_... . .,.._ .. ICIIOU.1141'~,l'IC..RATI'UI --· \oe><-,mKF> ' 0 LOT• K E A N s L~T 2 E N G z 10TH "' > • s H 0 R t • \ • • • D N G i 8TH ' . p • t N ., . ""'"" ,._.,, .. ,~ ... /l) --&D -=-.... --Cil -- DEVELOPMENT PLANNING CITY OF RENTON JUN 2 7 2006 RECEIVED l"I ;:. l>l l>l :2 z "' ~ """ "' l>l 2 ) D4 · 5 T23N R5E W 1/2 C~. UC-N2~-R~l(_P_)-1~~7 R-8 UC-N2 UC-Nl z Q) > < ~ h UC-Nl ro ~ z UC-Nl Q) ..;; ~ ro <:t(J ..-----< 0 z .....::i I u N 6th St. :::::) u -Nl [:rn "' u UC-N tB z Cl) > UC-tlr rlj h CA (\j 0 F4 • 17 T23N R5E W 1/2 ZONING l'/BIPW TBCHNICAL 8BB..VICB8 02JW()'5 ----R11nt.on City Limit.I R \ \ a, >'l I;! z 1!; t>j t>j 5 IH 0 200 "'00 .1:4800 E4 8 T23N R5E W 1/2 S308 74 B1 26 T24N A4E 8.1 C1 35 T24N A4l:" 306 Z _ NING MAP BOC., 92 93 455 456 B2 83 B 25 T24N A4E 30 T24N RS'E 20 T24N: R5E 94W 455W '45 C2 G3 . . I '\04 31 rl4N ASE . ' 36 T24N R4E 32 :r24N·A_S1{· 458 307 ''""' ",!08 ' :-pOt' ·rD2. ,'03\;\i:>.4 i1 dNt34E ".'~ '-~~3~-RSE~ 4T23NR5E E:2. i I E:4 18 T23f.l A:>E 369 .E:5 370 F5 -__ _ _J 459: , L--·-·----- B 6 -g7 ,~rel">lll;o; i 27 T24N R5E 26 T24N fl5E 460 _4~j_J ' D7 7 81 o a[rl IIBS' ify· '.j. T23N RSE 334• Gti· 3 T23N R4E"'--;. \335 ··. -~ '\ _ .. , '~2· G3\ :G4. {!4J23 1 R4E / 19.'r23N R$E'.,, . .20.T23N 1,;5E," · 336 337 •. 8l5l 816 '·Gs-~-G7,; .· 44 ~o 22N R4E <;l51i 603 ) r cl_ ___ -:--~----7:.. / : 12 lits 36 T23N f'i4E ~1 T23 1 ASE 607 J2 6 T22N SE, RESIDENTIAL ~ Reeource Con,rervation ~ Reaidential l du/ac a Residential 4 du/ac ~ Re,ridential 8 du/ac ~ Reaidentlal Manufactured Homen §] Re,ridential 10 du/ac ~ Residentlal 14 du/fie j RH-rl Residential Multi-Family IRl'l-1 I Residential Multi-Family Traditional I RM-U I Residential Nulti-F&mily Urban Center• 22 T23N R56 23 T23N R5E 820. 821 .',, H6\ .. ,HS H7 2S T23N R5E 27 T23N R5E 26 T23N'Rie.:'°,:;' 605 825 8~6·' 16 ., l7 15 33 T23N Ai: -34 T23N ASE 35 T23N ASE 6:1.0 632 833 L' 'J5 '.' : JS J7 ~ T22t>/B?E '3 T22N R5E 2 T22N ASE MIXED IJSE CENTER ~ Center Ylllaee iuc-fnl Urban Center -North l ~ Urban Center -North 2 ~ Center Oownto•n" INDUSTRIAL W lndustrial -Hea'Y}' 0 Industrial -Medium 0 Industrial -Llght ~ Commercial/Office/Residential (P) Publicly owned ---Rent.on City Llmii.,, COMMERCIAL ~ Commercial Arterial" ~ Cnmmercial Orfk:e• ----Adjacent City Limit.a -Book Paps Boundary E 25 8 36 1T2 ~ Commercial Nei,ehhorhood KROLL PAGE • May include Overlay Di11lr:i~t11. S~e Appendll map1. For additional reeulation• m Overlay Di1trict.,,, please see RMC 4-3. Prin1ed by Pnnt & Mail Sen,lees, City of Renlon PAGE# INDEX SECTITOWN!RAI-IGE DATE: TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM August 4, 2006 Jill Ding Jan Illian x 7216 LOWES SHORT PLAT 800 -Garden Ave North LUA 06-080 I have reviewed the application for Lowes Short Plat located at 800 Garden Ave N. and have the following comments: I. No street or utility related improvements are required to be installed under this short plat. 2. All utility improvements for on and off site will be installed under other permits. 3. System Development Charges for water, sewer, and storm will be calculated and paid under the building permit. City L, .. enton Department of Planning I Building I Pu~.,. Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: APPLICATION NO: LUA06-080, SHPL-A APPLICANT: Jim Manion, Lowe's HIW PROJECT TITLE: Lowe's Short Plat SITE AREA: 930,874 s uare feet LOCATION: 800 Garden Avenue N . \ L..L0 COMMENTS DUE: AUGUST 1, 2006 DATE CIRCULATED: JULY 18, 20mJEVELUf-'M PROJECT MANAGER: Jill Din PLAN REVIEW: Jan Illian BUILDING AREA ross : N/A I WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mora Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transrvvtation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additionaljJJ~ rmation is needed to properly assess this proposal. Signature of Direc Date City o ... enton Department of Planning I Building I Puu.,o Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: V COMMENTS DUE: AUGUST 1, 2006 APPLICATION NO: LUA06-080, SHPL-A DATE CIRCULATED: JULY 18,200 APPLICANT: Jim Manion, Lowe's HIW PROJECT MANAGER: Jill Din cnv OF RENTON PROJECT TITLE: Lowe's Short Plat PLAN REVIEW: Jan Illian SITE AREA: 930,874 s uare feet BUILDING AREA ross : NIA LOCATION: 800 Garden Avenue N I WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUAOS-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water Linhf/Glare Plants Recreation Land/Shoreline Use utilities Animals Trans ation Environmental Health Public Services Energy! Historic/Cufturaf Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ,, /''-eii:/ / ~-/ . Signature of Dir or or Authorized Representative Date City o, nenton Department of Planning I Building I Pu~ .. -Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET ..- REVIEWING DEPARTMENT: APPLICATION NO: LUA06-080, SHPL-A APPLICANT: Jim Manion, Lowe's HIW PROJECT TITLE: Lowe's Short Plat SITE AREA: 930,874 s uare feet LOCATION: 800 Garden Avenue N COMMENTS DUE: AUGUST 1, 2006 DATE CIRCULATED: JULY 18, 2006 PROJECT MANAGER: Jill Din PLAN REVIEW: Jan Illian BUILDING AREA ross : N/A WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUAOS-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Liahf!Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans rtation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional il)fprmation is needed to properly assess this proposal. /I /,/, Date City o ... enton Department of Planning I Building I PuJ . .-Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 11 y'~-'9. COMMENTS DUE: AUGUST 1, 2006 , ~ APPLICATION NO: LUA06-080, SHPL-A DATE CIRCULATED: JULY 18, 2006 =Q (_ .» "Tl C -APPLICANT: Jim Manion, Lowe's HIW PROJECT MANAGER: Jill Dina ;, --PROJECT TITLE: Lowe's Short Plat PLAN REVIEW: Jan Illian < -- SITE AREA: 930,874 souare feet BUILDING AREA /aross1: NIA n\ "' :IJ c:, . -.,o as ~ LOCATION: 800 Garden Avenue N WORK ORDER NO: o·z "' SUMMARY OF PROPOSAL: The applicant 1s requesting Adm1n1strat1ve Short Plat approval for the subd1v1s1on of an ex1st1ng 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable Mora Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water Liaht!Gfare Plants Recreation Land/Shoreline Use Utilities Animals Trans rtation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas~~lyassess this proposal -z/c:'8-" h@ Signature of Director or Authorized Representative Date / City o ... enton Department of Planning I Building I Pu~ .. -Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: t\'<l" COMMENTS DUE: AUGUST 1, 2006 APPLICATION NO: LUA06-080, SHPL-A DATE CIRCULATED: JULY 18, 2006 r--· . . APPLICANT: Jim Manion, Lowe's HIW PROJECT MANAGER: 'Jill Dino PROJECT TITLE: Lowe's Short Plat PLAN REVIEW: Jan Illian ,---- SITE AREA: 930,874 souare feet BUILDING AREA lnrossl: NIA LOCATION: 800 Garden Avenue N I WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existiRg 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,34-2sql!are foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application i6r Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable Mo,e Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water Lirrht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Presentation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS AJA C. CODE-RELATED COMMENTS ,--, /J ~ Alt, f, NtJ 4 , f!'& City v, .. enton Department of Planning I Building I Pu_.,, Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET APPLICATION NO: LUA06-080, SHPL-A APPLICANT: Jim Manion, Lowe's HIW PROJECT TITLE: Lowe's Short Plat SITE AREA: 930,874 s uare feet LOCATION: 800 Garden Avenue N COMMENTS DUE: AUGUST 1, 2006 DATE CIRCULATED: JULY 18, 2006 PROJECT MANAGER: Jill Din D_i:vE!.Ul-'M!::'\c: SERVICES PLAN REVIEW: Jan Illian BUILDING AREA ross : N/A JUL 1 i:J 200. WORK ORDER NO: SUMMARY OF PROPOSAL: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot (21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1. A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review (file no. LUA05-161). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinrr Air Aesthetics Water Uaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans~~rtation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLJCY-RELA TED COMMENTS C. CODE-RELATED COMMENTS No.Mc NOTICE OF APPLICATION A Master Application hu bnn fU'"11nd accepted with the Development Services DIYl~lon ol 1he City o1 Renton. The lollowlng briefly dncrlbn the application and the necenary Public Approvals PROJECT NAME/NUMBER, Lowe·s Short Plal ! LUA06-Cao. SHPL-A \ PROJECT OESCRIPT!ON: The app'icanl 1s requesi,ng Adr11n,strative Sho~ Plat approval for the subd,;,s,or of an ex1sbn9 930,874 square foot {21 4 acre) parcel ,nta two lols localed w,th,n the Urban Cf!n\er. North 1 (UC-N1', zoning des,gnat,on An ex,sMg 151.840 square loot Fry's electron,c,i store 1s loc;ated on proposed Lot 1 A proposed 12S.342 square foot Lowe's hardware store w th a 26,222 square loot Garde~ Center would be located en proposed Lot;;_ ard ,s being rew!wed u~der a separate appl,cat,on for Sile Plan Re,1ew ,:rile ~o LUA05.151) The proposed let areas are as follows Lot 1 al 504 466 squar<:! feet (11 58 acres) and Lot 2 at 426.3BB square feet (9 79 acres) PROJECT LOCATION: PUBLIC APPROVALS: 800 Garden Aver.we N Adm1n1strat1ve Short Plat a;>proval APPLICANT/PROJECT CONTACT PERSON. Mike Neer. PACLAND, Tel (425) 453·9501 Eml mneer@~acland com Commentll on !he above 1ppllc1tlon muat be 1ubmltted In wrlllng to Jill Ding, Senior Planner, Developm•nt SurvlcH Dlv11lon, 1055 South G111dy Way, Renton, WA 98055, by 5:00 PM on August 1, 2006. If you have questions about th,s proposal. or wish to be made a party of record and rece11·e addrt1onal ~ol1"1ca~on by mad. contact the ProJecl Manager at {4251 4~0·721 9 Anyone who subrdts written commenls w1l1 automat,cally become a party cf record and will be notified of any decision Ol'1 this P'OJeCt PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: June 27, 2006 July 18, 2006 July 18, 2006 If you would like to 00 "nade a party of r~ccrd to receive further 1nfol'T!'at10~ on th,s proposed proJect. cc"npletf, this form and return to-Ci(y of Renton. Development Planning. 105S South Grady Way, Renlon. WA ea055 File Name/ No Lcwe·s Short Plat! LUA06·080, SHPL·A NAME----------------------------- MAILING ADDRESS -------------- TELEPHONE NO CERTIFICATION I, SETH b7e-;y:.e,_ , hereby certify that -~~~_copies of the above document were posted by me in -2_ conspicuous places or nearby the_~escribed property on '''"""'' ~ / ~,,,,\.'(NN t-)111,1 SIGNED · .. --;..-,._,,.;,-+-L_(:::-;;-.,~-~-'----r--"'" .... ""~'"'~....,.--··_····""""'' ~ ,,, _ -~ --..=,-!~,, IONr.!1, ,'(\.~~ / I :: :0-=~,;t OT ,1 '-/--,,·., \ :;"ij~-o ~ -i',1...~\ ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington res1dmg~n ;0 _ :~ ,, .,, ;:. :; , ~ (/lt : E 1' .., ,,, tcicr ,,.ffJ: = 'J,,. -'\ ................ -..c..: ..:' .,, \\\\"''"' ~0 ..:::-,,,, WASl'I~ ,..,~ '''''''""''' DATE: 7-115-0(o , I ;°lh , on the ~""~~~-day of 'J) ,Ll; \ ~ l NO • .,,#'-. ' CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 181h day of July, 2006, I deposited in the mails of the United States, a sealed envelope containing Acceptance Ltr & NOA documents. This information was sent to: Name Mike Neer Dash-80, L.P. Jim Manion Surrounding Property Owners -NOA only (Signature of Sender)>~ ~dVI/ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Reoresentina Contact Owner Applicant See Attached I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the u~l\s and purposes mentioned in the instrument. .,,.,,,,t'::;~~~r,,, Dated: 7 -:a L, -Ole Notary (Print): My appointment expires: Project Name: Lowe's Short Plat Project Number: LUA06-080, SHPL-A .;::-/.1~ ,,-,,'i.\l\\\\h <:Ji:.',, .:::-:,.,, .... ~":-,. ,. tON ii,, ;,t,. /,, -"'·-" ~l.·, 'I.. : ..:::.": ~ •~ It 082305919001 AURORA ACRES INC PO BOX 15236 SEATILE WA 98115 082305903302 BURLINGTON NORTHERN SANTA F ATIN: PROPERTY TAX PO BOX 96189 FORT WORTH TX 76161 082305916502 PARK DRIVE I LLC C/0 GARY MELINO CONST CO 9125 10TH AV S SEATILE WA 98108 082305916700 BALTIMORE APARTMENT LLC 1915 MAPLE VALLEY HWY RENTON WA 98055 082305921700 DASH 80 LP 440 N FIRST ST # 200 SAN JOSE CA 95112 082305917104; 082305921809 PARK DRIVE II LLC 9125 10TH AV S SEATILE WA 98108 088660002002 BOEING REAL 1Y CORP ({i, -O~'C\ 1 l1f(C{, 15480 LAGUNA CANYON RD #200 IRVINE CA 92618 082305916809 HOWARD ENTERPRISES INC ATIN LAURIE MCGIBBON PO BOX 79014 SEATILE WA 98119 (\'.Y 0~~ ;~; ~NifO NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Lowe's Short Plat I LUA06-080, SHPL-A PROJECT DESCRIPTION: The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 930,874 square foot {21.4 acre) parcel into two lots located within the Urban Center -North 1 (UC-N1) zoning designation. An existing 151,840 square foot Fry's electronics store is located on proposed Lot 1: A proposed 129,342 square foot Lowe's hardware store with a 26,222 square foot Garden Center would be located on proposed Lot 2 and is being reviewed under a separate application for Site Plan Review {file no. LUAOS-161 ). The proposed lot areas are as follows: Lot 1 at 504,486 square feet (11.58 acres) and Lot 2 at 426,388 square feet (9.79 acres). PROJECT LOCATION: PUBLIC APPROVALS: BOO Garden Avenue N Administrative Short Plat approval APPLICANT/PROJECT CONTACT PERSON: Mike Neer, PACLAND; Tel (425) 453-9501; Eml: mneer@pacland com Comments on the above application must be submitted in writing to Jill Ding, Senior Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on August 1, 2006. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at {425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: June 27, 2006 July 18, 2006 If you would like to be made a party of record to receive further information on this proposed project. complete this form and return to: City of Renton, Development Planning, 1055 South Grady Way, Renton, WA 98055. File Name/ No. Lowe's Short Plat/ LUA06-080, SH PL-A NAME: ----------------------------------- MAILING ADDRESS -------------------------------~ TELEPHONE NO.: --------------~ "'"y 0 :~~ CIT OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P .E., Administrator '?~ KathyKeolker,Mayor ~"1,,1'1'0,:;------------------------------ July 18, 2006 Mike Neer PACLAND 11235 SE 61h Street #220 Bellevue, WA 98004 Subject: Dear Mr. Neer: Lowe's Short Plat LUA06-080, SHPL-A The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, ~1{,;J2_· tl'Jill K. Ding '-?7 Senior Planner V cc: Dash-80, L.P. / Owner Jim Manion, Lowe's HIW / Applicant -------10_5_5_S_ou_th_G_r-ad_y_W_a_y ___ R_e-nt-on,_W_as_h_in_gt_o_n_9_80_5_5 ______ ~ ~ This oaoer contains 50% recvcied material. 30% DOSI consumer AHEAD OF THF-. CURVE City of Renton DEVELOPMENT PLANNING CITY OF RENTON LAND USE PERMIT JUN 2 7 2006 MASTER APPLICATION u:CE!VED PROPERTY OWNER(S) PROJECT INFORMATION NAME: Dash-80, LP. PROJECT OR DEVELOPMENT NAME: Lowe's of Renton ~~j, f'1,~-t, ADDRESS: 440 North First Street, Suite 200 PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: CITY: San Jose ZIP: 95112 800 Garden Ave N., Renton, WA 98055 TELEPHONE NUMBER: 408-27 4-7227 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 082305921700 ·1AME: Jim Manion EXISTING LAND USE(S): Abandoned Boeing Parking Lot COMPANY (if applicable): Lowe's HIW PROPOSED LAND USE(S): Retail Development ADDRESS: 1530 Faraday Avenue, #140 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Urban Center North CITY: Carlsbad ZIP: 92008 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION TELEPHONE NUMBER 760-804-5308 (if applicable): Urban Center North CONTACT PERSON EXISTING ZONING: UC-N1 NAME: Paul Manzer/ Mike Neer PROPOSED ZONING (if applicable): UC-N1 SITE AREA (in square feet): Lot 1: 504,486 Lot 2: 426,388 COMPANY (if applicable): PACLAND SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA ADDRESS: 11235 SE 61" St., Suite 220 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: N/A CITY: Bellevue ZIP: 98004 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): N/A ELEPHONE NUMBER AND E-MAIL ADDRESS: 425-453- 19501 emanzer@eacland.com I mneer@ealand.com NUMBER OF PROPOSED LOTS (if applicable): 2 Q:web/pw/devserv/fonns/planniug/-mastcrapp.dcx: 06/19/06 . .. PROJECT INFORMATION continued I NUMBER OF NEW DWELLING UNITS (if applicable): PROJECT VALUE: $6,600,000 I/A IS THE SITE LOCATED IN ANY TYPE OF NUMBER OF EXISTING DWELLING UNITS (if applicable): ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE N/A SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL D AQUIFER PROTECTION AREA ONE BUILDINGS (if applicable): NIA D AQUIFER PROTECTION AREA TWO SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (If applicable): N/A D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D GEOLOGIC HAZARD sq. ft. BUILDINGS (if applicable): 129,342 (Garden Center: 26,222) D HABITAT CONSERVATION sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL D SHORELINE STREAMS AND LAKES sq. ft. BUILDINGS TO REMAIN(~ applicable): N/A NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if D WETLANDS sq. ft. applicable): 129,342 (Garden Center: 26,222) NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 125 LEGAL DESCRIPTION OF PROPERTY (Attach leoal description on separate sheet with the followino information included) SITUATE IN THE NW & NE QUARTER OF SECTION_§_, TOWNSHIP 23N , RANGE.2E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES .ist all land use applications being applied for: 1. Short Plat Submittal 3. 2. 4. i Staff will calculate applicable fees and postage: $. ___ _ AFFIDAVIT OF OWNERSHIP =d~=~t.s,;=,.,±1±"~~==~--__ , declare that I am (please check one)_ the current O"Wner of the property presentative to act for a corporation (please attach proof of authorization) and that the foregoing (Signature of Ov«ier/Representativo) Q;web/pw/devserv/fonns/planning/masterapp.doc ation herewith al'e in all respects true and correct to the best of my knowiedge and belief. I certify that I know or have satisfactory evidence that Ste u t tu , signed this instrument and acknowledged it to be his/her/their free and voluntary act for e uses and purposes mentioned in the instrument. Notary Public in and for the S e of Washington 06/19106 LEGAL DESCRIPTION THAT PORTION OF urn NORTHWEST QUARTER AND nm NORTI'IEAST QUARTER OF SECTION 8, TOWNSHIP 23 NORTII, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER WITII THE EASTERLY MARGIN OF GARDEN A VENUE NORTII, AS CONVEYED TO Tirn CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 5S35459; THENCE SOUTH 89"28'22" EAST ALONG SAID SOUTH LINE 603.26 FEET TO A MONUMENT IN CASE HELD AS THE CENTER OF SAID SECTION; THENCE SOUTH 89°30'10" EAST 35.59 FEET TO A POINT ON THE WESTERLY MARGIN OF THE PACIFIC COAST RAILROAD CO. RIGHT OF WAY, SAID POINT BEING UPON A CURVE TO THE RIGHT, FROM WHICH nm CENTER BEARS NORTH 52"20'38" EAST, 810.39 FEET; THENCE NORTI'IERLY ALONG SAID MARGIN AN ARC LENGTH OF 277.62 FEET TO TIIE PO!Nf OF TANGENCY; THENCE NORTH 18°01'40" WEST ALONG SAID WESTERLY MARGIN 1,995.11 FEET TO AN INTERSECTION WITII THE SOUTHERLY MARGIN OF TIIE W ASHfNGTON ST A TE HIGHWAY (PSH-1) NORTH RENTON INTERCHANGE A-LINE RIGHT OF WAY; THENCE SOUTH 49"05'06" WEST ALONG SAID SOUTHERLY MARGIN 406.82 FEET; THENCE SOUTH 31°53'55" WEST ALONG SAID SOUTI'IERL Y MARGIN 62.78 FEET; THENCE SOUTH 08°39'15" EAST 47.07 FEET TO A POINT ON THE EASTERLY MARGIN OF SAID GARDEN AVENUE NORTH; THENCE SOUTH 18°00'30" EAST ALONG SAID EASTERLY MARGIN 1,289.97 FEET TO THE POINT OF CURVATIJRE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 910.00 FEET; THENCE ALONG SAID MARGIN CURVING TO THE RIGHT, AN ARC LENGTH OF 293.83 FEET TO THE POINT OF TANGENCY; TirnNCE SOUTH 00°29'31" WEST ALONG SAID EASTERLY MARGIN 253.42 FEET TO THE TRUE POfNf OF BEGfNNING. Q:ww/pw/dcwcrv/fom111/planning/masterl!pp.doo ) 12114ftl5 CONSENT OF PARTNERS The undersigned, RED LOK, LLC, a California Limited Liability Company, THE TA W, ' P., a California Limited Partnership, and QUALITY REAL ESTA TE MANGEMENT, ;, a California Limited Liability Company, being all of the partners ofDASH-80, L.P., A Washington Limited Partnership ("the Partnership"), do hereby consent to the QUALITY REAL ESTATE MANAGEMENT, LLC, the General Partner of the Partnership, by and through its Manager, RICHARD SINGER, EXECUTING ANY AND ALL DOCUMENTS REQUIRED BY THE City of Renton, state of Washington, in connection with the Partnership's Application for a Land Use Permit. RICHARD SINGER, as the Manager of QUALITY REAL ESTA TE MANAGEMENT, LLC, the General Partner ofDASH-80, L.P., is authorized to act on behalf of the Partnership in all matters. Dated: December CT, 2005 Quality/Dash-80/ Partner Consent Redlok, LLC, a California Limited Liability Com The TAW, L.P., a California Limited Partnership, Limited Partner, by R.D.J., LLC, a California Limited Liability Company, General Partner i::o.bA~ David A. Fry, Member Quality Real Estate Management, LLC, a Cali~ ia Li te · bility Company, CALIFORNIA JURAT WITH AFFIANT STATEMENT :&<.£D<X}<Y'-<x'-<x'-<Xe!'e!'¢-<X'd'««««,;,-<',c<,(;(',(;(',c(',a',C{'~£{'£X'£X'~&£.-<0£d,o,'cc<',<X'-c<'ddd&£.-Q'd__& State of California County of San:m C.. lcv101 l)(lSee Attached Document (Notary to cross out lines 1-6 below) 1· ! See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) SiQniclture of llocumcnt S1gnr,r No 1 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this -?sreldayof _jl,\nfl , ),.:,00,, by Date ' Month Ycar (1J R',choJ,d S 1v\~e,r Nane of Signer tlll Personally known to me I I Proved to me on the basis of satisfactory evidence to be the person who appeared before me (,) (,) (and , (2) ND _ott\ev-,_,;-r9v1Q{r Name of Signer :_J Personally known to me lJ Proved to me on the basis of satisfactory evidence to be~'.,son who app~ed bef~_me,) , ~ r Y~1"1£v- S1gnature 01 Notary Publ,c Though the 1ntorrn2J.!1on t1e/m1/ 1s no! requ1.reci fJy .1aw. i/ .rnav prove valuable to persons relying on u,e doculTlent and cou/ct prevent lrauo'u/ent removal and r8aUacf1rr,ent of /his lorrn to another o'ocurnent RIGHT THUMBPRINT OF SIGNER#1 loo of thumb t··crc RIGHT THUMBPRINT OF SIGNER #2 Top ,Jf 11-,umb hcrP. Further Description of Any Attached Document C I r -f D-f=-\2-C'N n),.J Hleo,TypeofDoccment_ \.ANJ) USE t'E:\?.'f{),lT' Document Date ili.( V)(c d J 2-i:>D b Number of Pages: Signer(s) Other Than Named Above: ;x'K,'6'/X,'6'//,''6(/'/,<'/,<'-Z««<XX'/,'6;,'<XXXiQ</X/X'<XX7:i<:,(,'6(,'6;,<Xi««««='6(,<Xf',(,'6(,'6(,'6'/X,,'<X,('/,,[/X:_,(,'8 ©:c'004 Na1ronal Notary Assoc1at1on • 9350 De Soto Ave. PO. Bo)( 2402 •Chal~worth, CA 91313-2402• www.Nat1onalNotary.org Item #5910 Reorder: Call Toll-Free 1-800-876-6827 'as lllflllf' a a a a a , ..... 1. i i 111...0 &' •• :>. _...l-' I .... :>~ ..... b'tnts-:':"! '•ea 06/U/2006 KON llt 57 FAX 42~430" Ctty of Renton DS/EDNSP DEVELOPMENT SERVICES DIVISION . li!.IOOl/002 NT PLANNING oEVELOTYP~~ RtNTON (,I WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS JUL O 5 2006 RECE\VED Calculations , ~ Construction Mitigaflon Oescripfion ZAND< i ( DeQaity Wcir1<sh~~;/{(T'f::i:/ '}JU::,i'HJ:H::HUI:! ;t*, ;)} 'm \ mfa,,,,, ,, ., . ' •'! Drainage Control Plan, • • II Elevations, Architectural , ""', la ,,,,,,,, .. ' ' Chackllsh',:' .. ,~'11~!;1}. . .. , Exis~ng Covenants (Recorded Copy), Flood Hazard Data, _,,;·1, I , f V .. ::::':?:?:":':': -~:::::::?::::::·. :: ' ............................. :::::::::::.···· ..... b _;::~ ... =.~~:. Geotechnical Report, ..... , V/ ,,, u.,'i G 19 Plan, Detailed, '-' ~!i,b1t~t; qata l'\8P<l~ ~, , King County Assessofs Map Indicating Site, .:.:~.· ~ Landscape Plan, Detailed, list of Surrounding Property owners, \'fl Map of Exlsttng Site Conditions, ·::::.;./.',,'.'.•.',e.·i.i.',i.f:T:::::::j:::: ::.::::: , ... :: ..... :.;.:_._. . ···::·.::::: ::: :n:::::: ........ w.·. Monument Cards (one per monument) , .... ·.·::,•,. : .. ~ ··:: :::::;:::::::·::.:: .. :. ••J-•, This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section PROJECT NAME; fQ+&5 ';-,hiir+ 'f'la...+ 3. BuAding Section 4. Development Planning Section DATE: /.,, ( ( q {o<s, Post-I .. Fax Note 7~1 lb Phono. Q:IWEBIPWIOEVSERIIIForm,IPlannlng\wOhlor.•I• .. ::::::;-:- ::?:?:':·-·i:·:::::·:::: :::::::ill::::::::::·::: 06/19/2006 MON 111 57 FAX 425430 0 CHy of . Renton DS/ EDNSP DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS ~00_2/002 fi:\f::'f/m~ft~~!1E'=~iR;~li'_:;:·,;;'.;:;;r: g"!tt~~l'!i :!Jt~~~~fflf!l ;-Ji~,'iITn~,;-}iJf?:~~¥'':l!HHJ!H·f!l:I\!! Pl!lll(lng, lot Coverage & Landscaping Analysis • P~J~et1ilet!pii'fit'P.~•i•'l:!"im\'\F!' '!:::\':::f!/H!H r!!iIHir\mf:m: .rn/!i'm'hf~)W~·J U '' · ·., .,,,:'""·''''ii}' ?!J!Hl};,,, ,t,, \1 ;',,;: Plat Name Reservation , Preappflcation Meeting summary • ·-:::::::::"::: : Rehabffltation Plan• Site Pla,i 2 """' ilfre\iri:1 dr,t_iiica,M.it!li~'\T~(i!i1®:\ki. ,Hi:. ,,;. .. ::, ... '.: ':", tft })'.''1 :!}H}!m''':t'\Jl ,/:A , , . : . '\. : ::mw:::m:U}[L; .. StreetProfiles 2 ~ iAIA/tf$ 1"1'1,1«1/t'ti V<t f{i,ti i2eofb, J)tte .. 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" ,·,:·'//\:tr: Tree Cutting/land Clearing Plan, J l) AJ '"' fuJL, e.x..' ,~ OI. ~ , 1t?... )J¥,~~t~~~r oes1gii o'Yiiila.Yibistnii!l~~'P.il),'i:~){J.:L m?rt·;< tH}ii)J ·"mit 1 rn .:i:' ::-;-·"::;::;r:r:::rnH!ITULili ~ Utilities Plan, Generalized , L {/ W.etliihd!iM~iU6ii'P\!,;Ji;JFi~~b\:iiri,,s:,is:'h1':'i, .. :!:i·. /·, n rii'i.t'"';"' s:;:rnmm!o":iiHb\ ,L,i 'c'L:-; .,,.,,, i1Uhi1\}l!i!E!/'u:;:,,,, ... · .. , Wettands Mitigation Plan, Preliminary• .. t.:fl) . .il ...... ::::.: WirelKs: Applicant Agreement Statement •AN<> 3 Inventory of Existing Sites ZAND• Lease Agreemen~ Draft , ,,., , Map of Existing Site Condlllons ZAHD, Map of View Area 2 AND, Photoslmulatlons 2 .,..,, This requirement may be waived by: 1. Property Services Section PROJECT NAME: lo,,, JQ, '.s Sb cc+ Pio.) 2. Public Works Plan Review Section 3. Building Section DATE: &// 9/ 00 4. n.,velopment Planning Section Q;WVE8\PW\OEVSERWorm&\Planning\waiver.xl1 9/19/2005 AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Development ~loes~!l'LANNING 1055 South Grady Way, Renton,iiJA' ~/js:NTON Phone: 425-430-7200 Fax: 425-jffi/1} 2006 STATE OF WASHINGTON RECEIVED COUNTY OF KING -,-,--~r,_--'!J-'r.'--...c..r_)_?_· · _I i_::_12_,'---5('"--._-./\_V _________ , being first duly sworn on oath, deposes and says: r<?-V I 1. On the "--/-day of V(.t/'-L. , 20.£.f__, I installed o//L public information sign(s) and plastic flyer box on the property located at ----------------for the following project: ( /.-.l' l,)f \ t: f '\ kt,!£5 .;µ'Cl::( ;:'!...A{ l 7?.._f,tfN( SJ!cn1;pc117 ) Project name PAc L/'cf.in Owner Name 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. ---------------------------3. This/these public information si (s) was/were constr·Jted and installed in locations in conformance with the require nts ~f-9fuipter 7 __ T __ ill~ of Renton Municipal Code. r . \.?;; // .------:7 '-· , ZS<{;/' __ fie.~ ..... NIie ---··· .. ~· KAIOC*OE •·1111c1•1••b!ININ1U.2010 R:\PW\DEVSER\1\Fonns\Plannmg\pubsign.doc lnstaiie?Signature 09/24/03 Project Description PROJECT NARRATIVE Short l'lat Lowe's of Renton Park Ave N & Garden Ave N Renton, Washington N1 pl.ANNING oE'/ELitti~ Rr.N"fON Cl JUL O 5 200G RE.CE.\\JE.O This proposed short plat will subdivide an existing 21.37 acre lot into two separate lots. lot 1 will be 11.58 acres and will support the existing Fry's store. Lot 2 will be 9.79 acres and support the proposed Lowe's Home Improvement store. The proposed site, frontage and infrastructure improvements associated the Lowe's project are being processed under a separate application with the City of Renton. No improvements are begin proposed for this site in association with this short plat application. The property is located at the southeast corner of the intersection of Park Avenue North and Garden Avenue North, in the City of Renton, Washington. Permits This project will require the following permits for approval: Short Plat Approval Zoning and Setbacks The existing site is currently occupied by Fry's and a former Boeing parking lot. Boeing previously occupied the site as a satellite parking area for employees. The site is completely paved with typical parking lot improvements such as lighting and drainage structures. We understand that the site is currently zoned Urban Center -North 1 (UC-N 1 ). The property to the east, west and south are also zoned UC-N 1. The property north of Park Ave N is zoned Urban Center -North 2. Landscaping In its present state, the former Boeing parking lot contains no perimeter or interior landscaping. The Fry's portion of the site is landscaped in accordance with City of Renton requirements. This landscaping includes landscaped buffers along street frontages and interior parking lot landscaping. No landscaping improvements are required for this short plat application. Site Access In the existing conditions, the site has two full access driveways from Garden Avenue North and one driveway access at the northeastern corner of the site from Houser Way. Off-site Improvements No off site improvements are required as a result of this short plat. Soils The geotechnical report requirement is waived by the City for this application Proposed Retail Renton, Washington July 5, 2006 Stormwater Stormwater runoff from the subject site currently drains to existing catch basins on the western side of the site which ultimately discharges without known treatment to the public storm system in Garden Ave N. Utility Infrastructure No utility infrastructure improvements are proposed on site as part of this short plat application. Construction Costs No construction is required in association with this short plat application Environmental The site is entirely paved and no wetlands or environmentally sensitive areas were encountered on the site. There are no trees on the site, therefore the tree cutting list is waived by the City. Proposed Retail Renton, Washington July 5, 2006 2 Form WA-5 (6/76) Commitment Face Page NT PLANNING DEVi~~~~ REN10N JUN 2 7 2006 File No.: NCS-171106-SA! RECElVED COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company By: Au~ President Attest: IJ14<L J:_ ~ Secretary By: ~/' ~ Countersigned First American Title Insurance Company Form WA-5 (6/76) Commitment 1 i\.MF.1t1 ~ File No.: NCS-171106-SAl Page No. 1 First American Title Insurance Company National Commercial Setvices To: 5 First American Way, Santa Ana, CA 92707 (714)800-3000 -FAX Kristen Hueter (714)250-8358 khueter@firstam.com Jones, Waldo, Holbrook, & McDonough 170 S Main Street, Suite 1500 Salt Lake City, UT 84101 Attn: Cheryl Gallo SECOND REPORT SCHEDULE A 1. Commitment Date: September 25, 2005 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT $ 8,537,760.00 $ Proposed Insured: Lowes HIW, Inc. $ 0.00 $ Proposed Insured: Bernardo Bu (714)250-8353 bbu@firstam.com File No.: NCS-171106-SAl Your Ref No. : PREMIUM TAX $ $ 3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: DASH-BO, L.P. who acquired as DASH 80, L P, a Washington limited partnership 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit attached hereto. Rrst American 77tle Insurance Company Form WA-5 (6/76) Commibnent LEGAL DESCRIPTION: EXHIBIT 'A' File No.: NCS-171106-SAl Page No. 2 That portion of the Northwest 1/4 and the Northeast 1/4 of Section 8, Township 23 North, Range 5 East W M, described as follows: Beginning at the intersection of the South line of said Northwest 1/4 with the Easterly margin of Garden Street as conveyed to the City of Renton by Deed recorded under Recording No. 5535459, Thence South 89°28'22" East along said South line 603.26 feet to a monument in case held as the center of said section, thence South 89°30'10" East 35.59 feet to a point on the Westerly margin of the Pacific Coast RR Co right-of way, said point being upon a curve to the right, from which the center bears North 52°20'38" East, 810.39 feet, Thence Northerly along said margin an arc length of 277.62 feet to the point of tangency, Thence North 18°01'40" West along said Westerly margin 1,995.11 feet to an intersection with the Southerly margin of the Washington State Highway (PSH-1) North Renton Interchange A-line right-of way, Thence South 49°05'06" West along said Southerly margin 406.82 feet, Thence South 31 °53'55" West along said Southerly margin 62.78 feet, Thence South 08°39'15" East 47.07 feet, Thence South 18°00'30" East along said Easterly margin 1,289.97 feet to the point of curvature of a curve to the right with a radius of 910.00 feet, Thence along said margin curving to the right, an arc length of 293.83 feet to the point of tangency, Thence South 00°29'31" West along said Easterly margin 253.42 feet to the True Point of Beginning. Situate in the City of Renton, County of King, State of Washington. First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-171106-SA! Page No. 3 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B -SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, confiicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; ( 4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. Arst American 77t!e Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 2 (continued) SPECIAL EXCEPTIONS Rle No.: NCS-171106-SAI Page No. 4 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2100 2. General Taxes for the year 2005. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: 082305-9217-00 $ 193,681.03 $ 96,840.52 $ 96,840.51 $ 11,170,500.00 $ 5,150,100.00 3. Condemnation in King County Superior Court by the State of Washington, of rights of access to state highway and of light, view and air by decree entered Cause No. 656127. 4. Relinquishment of all existing and future rights to light, view and air, together with the rights of access to and from the State Highway constructed on lands conveyed by document in favor of the State of Washington: Recorded: Recording No.: July 15, 1966 6078423 Said instrument is a re-record of recording no(s). 6065436. 5. Easement, including terms and provisions contained therein: Recording Information: September 23, 1988 under Recording No. 8809230146 In Favor of: City of Renton For: Public utilities Affects: West 20 feet 6. Easement, including terms and provisions contained therein: Recording Information: July 13, 1992 under Recording No. 9207130661 In Favor of: Puget Sound Power & Light Company For: Electric transmission and/or distribution system Affects: As described therein 7. Easement, including terms and provisions contained therein: Recording Information: February 3, 1994 under Recording No. 9402030482 In Favor of: Puget Sound Power & Light Company For: Electric transmission and/or distribution system Affects: Across the Northend portion of said premises A'rst American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-171106-SA! Page No. 5 Said instrument is a re-record of recording no(s). 9405202038 recorded May 20, 1994 of Official Records. 8. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117001354 9. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 10. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: DASH-BO, L.P. who acquired title as DASH 80, L P, a Washington limited partnership TBD U.S. Bank Trust Company, national association $17,000,000.00 November 19, 2003 20031119002577 11. Subordination, non-disturbance and attornment agreements: Between Dash-BO, L.P., a Washington limited partnership And Fry's Electronic, Inc Recorded November 19, 2003 Recording No.: 20031119002578 12. Easement, including terms and provisions contained therein: Recording Information: December 23, 2004, Recording No. 20041223001308 , In Favor of: City of Renton, a municipal corporation For: Public water line Affects: As described therein 13. Terms, conditions, provisions and stipulations of the Partnership Agreement of DASH-80, L.P., a Washington limited partnership. A copy of the Certificate of Agreement and all amendments which are properly filed with the Secretary of State must be submitted prior to closing. Any conveyance or encumbrance of the Partnership property must be executed by all of the General Partners. NOTE: If the proposed transaction involves a sale of all or substantially all of the Partnership's assets the written consent of all of the Umited Partners should be submitted, prior to closing. 14. Evidence of the authority of the officers of Lowes HIW, Inc., to execute the forthcoming instrument, copies of the current Articles of Incorporation, By-Laws and certified copies of appropriate resolutions should be submitted prior to closing. 15. A certificate of formation for Lowes HIW, Inc., is not currently on file with the Secretary of State, as required by statute. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-171106-SAl Page No. 6 16. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an ALTA survey of the property for determination of insurability. Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will be held pending our review of the ALTA Survey and the result of said inspection will be furnished by supplemental report. 17. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. R. According to the application for title insurance, title is to vest in Lowes HIW, Inc .. Examination of the records discloses no matters pending against said party(ies). Property Address: 800 Garden Avenue North, Renton, WA 98055 INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Por NWQ & NEQ 59 T23N RSE APN: 082305-9217-00 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Form WA-5 (6/76) Commitment COMMITMENT Conditions and Stipulations File No.: NCS-171106-SAl Page No. 7 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse daim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disdose such knowledge. If the proposed Insured shall disdosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Infotmation File No.: NCS-171106-SAl Page No. 8 In order to better serve your needs now and in the future 1 we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal infom,ation regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Infomaation Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and· • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your infom1ation to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as pem1itted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal infom1ation listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, sud, as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perfom1 marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Fonner Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal infonnation about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation -All Rights Reserved Rrst American 77tle Insurance Company PRE-APP LI CATION COMMENTS PROJECT Lowe's Park Avenue N and Garden Avenue N PRE 05-139 DATE: October 20, 2005 @ 9:00 a.m. STAFF COMMENTS: FIRE PREVENTION -Jim Gray PUBLIC WORKS/UTILITIES -Jan Illian CONSTRUCTION SERVICES -Larry Meckling NO Building Comments at this time PLANNING/ZONING -Nancy Weil SUPPLEMENTAL INFORMATION: ZONING MAP SITE AERIAL :T PLANNING DEVE_LOPM~iENTON ,,ITV 0 JUN 2 7 2006 ,,-cEIVED '< c:. W AIYER SHEET \ DATE: TO: FROM: SUBJECT: FIRE DEPARTMENT MEMORANDUM October 12, 2005 Nancy Weil, Senior Planner James Gray, Assistant Fire Marsha1n/.J Lowe's Garden Ave N and Park AvV. ~ Fire Department Comments: I. The preliminary fire flow is 8000 GPM, one hydrant is required within 150 feet of the structure and seven additional hydrants are required within 300 feet of the structure. 2. A fire mitigation fee of$66,704.04 is required based on $.52 per square foot of the building square footage .. 3. Separate plans and permits are required for the installation of fire alarm and sprinkler systems. 4. Fire department access roadways are required to within 150 feet of all portions of the building exterior. Roadways are a minimum 20 feet in width with a turning radius of 45 feet outside and 25 feet inside. Fire Lane are required on all sides of the building. 5. Fire department dead end access roadways over 150 feet in length are required to have an approved turnaround. 6. Provide a list of flammable, combustible liquids or hazardous chemicals that are used or stored on site. Please feel free to contact me if you have any questions. i:\lowe'sbldg.doc \ TO: FROM: DATE: Nancy Weil Jan Illian October 20, 2005 CITY OF RENTON MEMO UTILITY REVIEW SUBJECT: PREAPPLICATON REVIEW COMMENTS LOWE'S SITE PLAN REVIEW PREAPP NO. 05-139 N. gm & Garden Avenue N. NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (e.g. Hearing Examiner, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. WATER 1. Water System Development Charges (SDC) of $0.213 per square foot of gross site area will apply. A redevelopment credit may apply for existing water connections on the site. This is payable at the time the utility permit is issued. 2. There is an existing 12-inch water main in Garden Ave North. Pressure in the vicinity is approximately 125 psi. A pressure-reducing valve will be required. The proposed project is located in the 320 Pressure Zone and is not inside an Aquifer Protection Zone. Derated fire flow in the vicinity is 4,000 gpm. 3. Preliminary fire flow requirement calculated by the fire department is 8,000 gpm. Applicant will need to reduce the fire flow to meet the 4,000 gpm available. 4. All new construction shall have a primary fire hydrant capable of providing a minimum of 1,000 gpm located within 150 feet of the structure. Additional hydrants will be required to be within 300 feet. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification for being within 150 feet of the nearest comer of the building. Existing hydrants to be counted as fire protection will be required to be retrofitted with a quick disconnect "Storz" fitting if not already in place. 5. Extension of a 12-inch water main on site providing a looped system around the building and installation of hydrants will be required. 6. A fire sprinkler system is required by the fire department. A separate no-fee utility permit and separate plans will be required for the installation of the double detector check valve assembly for fire sprinkler line. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Location of device shall be shown on the civil plans and shall show note: "Separate plans and utility permit for DDCV A installation for Fire Sprinkler System will be required". DDCVA installations outside the building shall be in accordance with the City of Renton Standards. Lowes Site Plan Review October 20, 2005 For DDCVA installations proposed inside the building, applicant shall submit a copy of the mechanical plan showing the location and installation of the backflow assembly inside the mechanical room. Installation shall be in accordance with the City of Renton's requirements. DDCVA shall be installed immediately after the pipe has passed through the building floor slab. Installation of devices shall be in the horizontal position only. 7. If building exceeds 30 feet in height, a backflow device will be required to be installed on the domestic water meter. SANITARY SEWER I. Sewer System Development Charges (SOC) of $0.126 per square foot of gross site area will apply. A redevelopment credit may apply for existing water service on the site. This is payable at the time the utility permit is issued. 2. There is an existing 8-inch sewer main in Garden Ave N. 3. If food preparation facilities are proposed, a grease trap or grease interceptor will be required. SURFACE WATER I. There are existing storm facilities in Garden Ave N. 2. A storm drainage plan and drainage report is required. The drainage plan shall include provision for detention and water quality treatment sized for the new impervious surface subject to vehicular access per the KCSWM 1990 Edition. All core requirements and any special requirements shall be addressed in the report. ,. Surface Water System Development Charges (SDC) are assessed based on the total new impervious surface square footage as reflected in the final design. The charge is determined by multiplying the gross square footage by $0.249. These are payable at the time the utility construction permit is issued. STREET IMPROVEMENTS I. The traffic mitigation fees will be assessed at time of site development. 2. Half street improvements including, but not limited to paving, sidewalks, curb & gutter, storm drainage, street signs, street lights are required if not already in place. 3. City staff will recommend the proposed southern driveway location shown on the site plan in Garden be approved. This location aligns with N. IO"', a new street that will connect Garden Ave N. and Park Ave N. as part of the Lakeshore Landing development. The driveway location shown to the north in Garden appears to be acceptable. 4. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. GENERAL COMMENTS 1. All construction utility permits for utilities, drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards, which are attached for reference. Plans shall be prepared by a licensed Civil Engineer. When the utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report; permit application and an itemized cost of construction estimate and application fee at the counter on the sixth floor. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. 2 Lowes Site Plan Review October 20, 2005 The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half the fee must be paid upon application. 3. A SEPA condition will require this project to comply with Dept of Ecology's 2001 Stormwater Management Manual for Erosion Control. 4. Separate permits and fees for water meters, side sewers, irrigation meters, and backflow devices will be required. cc: Kayren Kittrick 3 DATE: TO: FROM: SUBJECT: CITY OF RENTON Planning/Building/Public Works MEMORANDUM October 20, 2005 Pre-Application File No. 05-139 Nancy Weil, Senior Planner, 430-425-7270 Lowe's Home Improvement Retail Use- SE corner of Park Avenue N and Garden Avenue N General: We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Board of Adjustment, Board of Public Works, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00, plus tax, from the Finance Division on the first floor of City Hall or the City website at www.ci.renton.wa.us Project Proposal: The applicant is requesting a pre-application review for the construction of an approximate 130,000 square foot retail building with 30,000 square foot garden center. The site area is 9.79 acres (426,333 square feet). The one story structure is sited on the northern end of the proposed parcel with the main access off of Garden Avenue N. A Service access is shown via an existing connection across Burlington Northern property to Houser Avenue N. Approximately 400 surface parking stalls are proposed. Zoning: The subject site is designated Urban Center North 1 (UC-N1) on the City's Zoning Map. The UC-N1 zone is lo provide an area for pedestrian-scale mixed-use development. The overall mix and intensity of uses is intended to create an urban rather than suburban character. The form of development is expected to use urban development standards. Development Standards: The proposal for the construction of the retail use shall be in compliance with the UC-N 1 zone development standards and Urban Center Design Overlay Regulations as addressed in this review. The site is located in District C of the Urban Center. Urban Design Overlay -District C: The subject site is located in District C of the Urban Center Overlay District. The Urban Design Regulations establish two categories of regulations: (a) "minimum standards" that must be met and (b) "guidelines", while not mandatory, are considered in determining if the proposed action meets the intent of the design guidelines. Lot Size: -Minimum lot size of 25 acres may be amended through Site Development Plan Review. Lot Coverage and Height -The UC-N zone has maximum lot coverage of 90% or 100% if parking is provided within a structure. Maximum building height is 1 O stories along primary and secondary arterials. Setbacks-The UC-N zone does not have a minimum front, side or rear yard, however does have a maximum of 5-foot front and side along a street setback. Landscaping All portions of the site not covered by structures, required parking, access, circulation or service area shall be maintained as permeable areas and improved with native, drought-resistant vegetative cover. Reference Urban Center Design Overlay Regulations -District C for additional requirements for landscaping. Lowe's Home Improvement Retail Use October 20, 2005 Pre-Application Meeting Page 2 of 4 Screening/Outdoor Storage -Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. In addition, garbage dumpsters and recyclable areas must be screened pursuant to RMC section 4-4-090C7. Approval of the proposed locations of dumpster areas by Rainier Waste Management is recommended. Requirements for outdoor loading, repair, maintenance or work areas; outdoor storage, refuse or dumpster areas shall be in compliance pursuant to RMC section 4-4- 095 (copy included in packet). Screening of outdoor loading and storage areas must be screened pursuant to RMC section 4-4-095. Access: Access to the proposed site from two ingress/egress points onto Garden Avenue N. These access points shall align with proposal on the west side of Garden Avenue N. Additionally, applicant shall provide right to use access across Burlington Northern property to the north east. Parking -The parking regulations require that a specific number of off-street parking stalls based on the amount of square footage dedicated to certain uses be provided entirely within the boundaries of the property. The applicant proposes 400 parking stalls. The following ratios are applicable to the project: a minimum of 4 parking spaces per 1,000 square feet of net floor area and a maximum of 5 parking spaces per 1,000 square feet of net floor area. Reference Urban Center Design Overlay Regulations -District C for additional requirements for parking layout and parking lot landscaping. An aisle width of 24 feet is required for 90 degree parking stalls and a width of 18 feet is required for parallel stalls. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The number of ADA spaces required is dependent upon the total number of parking spaces required. Compact spaces are allowed up to 50 percent of the total required parking for structured parking. Loading -In the requirements for Loading Space Standards, RMC 4-4-080J, all new buildings shall provide off-street loading space if the activity carried in the building requires deliveries to it of people or merchandise. Loading space is in addition to required off-street parking. Lighting: The applicant will be required to demonstrate how building, parking lot and any site lighting would not "spill" over into adjacent properties surrounding the subject site. A detailed lighting plan may be requested to be submitted at the time of building permits. Signage: The site is located within the City Center Sign boundaries where specific regulations are applicable. However, residential occupancies within this overlay area are subject to the requirements of RMC 4-4-100.E.4.a. Two on-premise identifying signs of not over (32 sq. ft. in area on one face are permitted. The signs may be illuminated but not animated, shall be for location identification only and shall display no copy, symbol or device other than that in keeping with the development. Freestanding signs shall not be higher than six fl. above any established grade and shall not be any closer than 1 O fl. to any street or five ft. to any side property line. Signs also must be out of the clear vision zone. At the time of the sign permit(s), the applicant will need to clearly identify square footages the sign in order to determine compliance. Reference Urban Center Design Overlay Regulations -District C for additional requirements. General Analysis: The conceptual site plan appears to generally comply with the development standards though staff review was somewhat limits due to level of detail provided. The applicant shall further address the Design Regulations, specifically to the fas:ade, entrance orientation, pedestrian access, screening and landscaping. The conceptual proposal did not address signage or lighting, both shall be provided as part of the formal application. Comprehensive Land Use: Site is located within the Urban Center North Comprehensive Land Use Map designation. Policy CD-35. Each gateway should have unique, identifiable design treatment in terms of landscaping, building design, signage, street furniture, paving, and street width. Special consideration of gateway function should be demonstrated through design of these elements. Objective CD-G: Architecture should be distinctive and contribute to the community aesthetic. Policy CD-40. Structures should be designed (e.g. building height, orientation, materials, color and bulk;) to mitigate potential adverse impacts, such as glare or shadows on adjacent less intense land uses and transportation corridors. Lowe's Home Improvement Retail Use October 20, 2005 Pre-Application Meeting Page3 of4 Policy CD-41. Rooftops that can be seen from public streets, parks, or open space should be designed to hide mechanical equipment and to incorporate high-quality roofing materials. Policy CD-42. Design characteristics in larger new developments or individual building complexes should contribute to neighborhood and/or district identity. Policy LU-204. Consolidate signage for mixed-use development. Policy LU-205. Identify major natural features and support development of new focal points that define the Center and are visually distinctive. Policy LU-206. Design focal points to include a combination of public areas such as parks or plazas, architectural features such as towers, outstanding building design, transit stops, or outdoor eating areas. These features should be connected to pedestrian pathways if possible. Policy LU-207. Evaluate existing intersections of arterial roadways for opportunities to create focal points. Policy LU-278. Support creation of a significant gateway feature within gateway nodes as shown on the Urban Center-North Gateway Map. Policy LU-282. Fully integrate signage, building height, bulk, setbacks, landscaping, and parking considerations in structures and site plans across the various components of each proposed development. Policy LU-283. Require significant pedestrian element in internal site circulation plans. Policy LU-288. Orient buildings to streets to emphasize urban character, maximize pedestrian activity and minimize automobile use within the District. Policy LU-289. Use design regulations to provide direction on site design, building design, landscape treatments, and parking and circulation. SEPA/Environmental Issues: The project would require SEPA review due to the square footage and parking spaces (greater than 4,000 sq. ft. and more than 20 parking spaces) of the proposal. The proposal would be brought to the Environmental Review Committee for review, as it is their charge to make threshold determinations for environmental checklists. Staff would likely recommend a Determination of Non-Significance-Mitigated to the Environmental Review Committee. Mitigation of impacts is accomplished through fees related to issues such as transportation and fire. Mitigation Measures: Possible mitigation measures that would be recommended for SEPA may apply to erosion control and environmental health -noise, dust control and mitigation fees. Fees: In addition to the applicable land use, building, construction and sign permit fees; the following mitigation fees for additional square footage may be required prior to the issuance of building permits: • A Transportation Mitigation Fee based on $75 per each new average daily trip attributable to the project. • A Fire Mitigation Fee based on $0.52 per sq. ft. of building area with credit for area demolished. Cultural and Archeological Resources: The SEPA checklist requires identification of this potential project element. Areas of potential cultural or historic sensitivity should be investigated using the available data bases at the State Office of Archaeology and Historic Preservation, the Renton Historical Museum, University of Washington and State libraries. Consultation with pertinent tribes should also be conducted. The applicant would be also required that in the event any potential cultural resources are found during project construction, the contractor must stop work and contact the appropriate local and state officials and follow established protocol for culturally significant resource findings. Permit Requirements: All projects initiated that involve 4,000 sq. ft. of building area; and/or 20 or more parking spaces are subject to State Environmental Policy Act (SEPA) review. A Master Plan Review is required for the proposed development located in the UC-N zone. Public Hearing before the Hearing Examiner shall be required for Master Plan. Additionally, Site Plan review would be required. Both reviews maybe conducted concurrently. Lowe's Home Improvement Retail Use October 20, 2005 Pre-Application Meeting Page 4 of 4 A public hearing would be conducted and the Hearing Examiner would issue a final decision. The project would receive a decision in an estimated time frame of 12 to 16 weeks once a complete application is accepted. The application fee would be $3,500.00 ($2,000.00 for the Hearing Examiner Master Plan Review, $1,000 for the Hearing Examiner Site Plan Review and $500.00 for SEPA review). The application fee for the Environmental Review is based on the project value as follows: less than $100,000, fee amount is $400.00; $100,000 or more, fee amount is $1,000.00. Mailing labels required for notification to surrounding property owners are provided by the city. An application for SEPA review and a handout listing all of the City's Development related fees are included in your packet for your review. Cc: Jennifer Henning Printed: 06-27-2006 DEVELOPMENT PLANNING CITY OF RENTON JUN 2 7 2006 RECEIVED CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA06-080 Payment Made: 06/27/2006 05:58 PM 1,000.00 Receipt Number: Total Payment: Payee: PACLAND Current Payment Made to the Following Items: Trans Account Code Description Amount 5008 000.345.81.00.0004 Binding Site/Short Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check #30885 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0603253