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Home My WebLink AboutReport 1CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 3, 2009 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: LUA (file) Number: Cross-References: • AKA's: Project Manager: Acceptance Date: • Applicant: 'Owner: · Contact: PID Number: ERC Decision Date: : ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: . HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Cedar River Boathouse Gangway & Float Repair LUA-09-059, SME Jennifer Henning June 3, 2009 City of Renton -Community Services City of Renton Jerry Rerecich, City of Renton -Community Services 0723059096 June 3, 2009 Date: Date: Project Description: City of Renton proposes to construct an ADA handicapped accessible . gangway to an existing dock at the Cedar River Boathouse. Location: 1060 Nishiwaki Lane Comments: Denis Law Mayor July 27, 2009 Jerry Rerecich City of Renton Community Services 1055 South Grady Way Renton, WA 98057 Department of Community & Economic Development SUBJECT: SEPA EXEMPTION FOR CEDAR RIVER BOATHOUSE GANGWAY & FLOAT REPAIR Dear Mr. Rerecich, We have reviewed the request for the work you propose to an existing dock at the Cedar River Boathouse. The dock is being modified to add an aluminum gangway to meet ADA handicapped accessible requirements. In addition, an existing float is being upgraded with the installation of a non-skid surface and the addition of a railing around the perimeter. We have determined that this proposal is exempt from State Environmental Policy Act (SEPA) as "repair, remodeling and maintenance activities" per WAC 197-11-800(3) which allows minor repair or replacement of structures, including ramps or floats, and the minor repair, alteration, or maintenance of docks. Should you have any questions, please contact Jennifer Henning, Planning Manager, at 425.430.7286. Sincerely, ~ C. E. "Chip" Vincent, Planning Director cc: file LUA 09-059 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMl\,~.JITY AND ECONOMIC DEVELOPMENT CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT June 3, 2009 LAND USE ACTION FILE NO.: Cedar River Boathouse Gangway & Float Repair PROJECT NAME:: LUA# 09-059, SME PROJECT MANAGER: Jennifer Henning, Planning Manager OWNER/APPLICANT: City of Renton 1055 South Grady Way Renton,WA 98057 CONTACT (if other than Owner): Jerry Rerecich City of Renton Community Services, 1055 South Grady Way Renton,WA 98057 PROPOSAL DESCRIPTION: City of Renton proposes to construct an ADA handicapped accessible gangway to an existing dock at the Cedar River Boathouse. The dock is being used by Waterways Cruises in order to operate small excursion boats to pick-up and return passengers from the existing boathouse dock. The proposed 36 -foot long aluminum gangway would span the water and would be installed between the dock and existing float. It would be 2 -3 feet wide with railings. There would be no contact with the water. There is an existing gate on the dock where the gangway would attach to the existing dock and to the float. The gangway would have rollers on the float end in order to ·be able to maintain the ADA required accessibility angle despite fluctuation of the Lake Washington water level. gangway would attach to an existing gate on the dock. In addition to the gangway work, the float would need to be upgraded. This work would include cleaning, installation of a non-skid surface material, and a railing around the perimeter. The work would be conducted during 2009. PROJECT LOCATION: 1060 Nishiwaki Lane LEGAL DESCRIPTION: See Attachments "A" & "B" SEC-TWN-R: S07 -T23N -RSE WATER BODY/WETLAND: Lake Washington An exemption from a Shoreline Management Substantial Development Permit is hereby granted on the proposed project in accordance with RMC 4-9-190:C.3 and/or for the following reason(s): 3. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. a. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. b. "Normal repair'' means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. c. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. The Exemption is subject to the following condition(s): 1. The applicant shall plant native vegetation in the vicinity of the project in order to offset the additional shading created by the addition of the gangway. Suggested vegetation includes Sitka Willow or other overhanging native vegetation and conifers suitable for the area which is to be planted. Emergent vegetation such as native bulrush or another appropriate substitute species is suggested for installation. The applicant shall work with the Planning Division project manager to find a suitable planting location. (Note: If needed, native plant vegetation information can be found at: http://www.kingcounty.gov/environment/stewardship/nw-yard-and- garden/native-plant-resources-nw.aspx and http://www.wnps.org/plant lists/exploring native plants.html) The proposed development is consistent or inconsistent with (check one): CONSISTENT INCONSISTENT X D X D X D Attachments: Vicinity/Neighborhood Detail Map Site Plan cc: Owner/Applicant Contact City of Renton Official File Policies of the Shoreline Management Act. The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. The City of Renton Shoreline Master Program. \ C. E. "Chip" Vincent, Planning Director Planning Division ~ ... R'B RM-F "" ~ ,I-4th P\ CA D3 -06 T23N RSE E 1/2 IH IM UC-N2 l"J UC·N1 "'" I c::, QC ~ N "'"" tH z ~ l"J ~ .... UC-N1 ~ .R.11 -R-8 R.:e. 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Account Desc1 ip1ion Sales Land Buildings Assessments Legal Description ~ Account Number: 0723059001 POR OF E 1/2 OF SEC 7-23-05 LYELYOFCWW#2 & NLYOF N6TH ST IN SE 1/4 OF SEC LESS NP R/W LESS ST TGW VAC LOGAN ST LY NWLY OF LN 30 FT NWL Y OF GOV MDR LN TGW 2ND CL SH LDS ADJ SUBJ TO TWO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE 1/4 OF SEC BEG NXN S MGN OF N 6TH ST WITH W MGN LOGAN AVE TH SLY ALG SD ST 995.34 FT TH S 89-18-45W TO ELY MGN CWW #2 TH N ALG SD MGN TO S MGN N 6TH ST TH E TO BEG LESS BEG NW COR THOF TH SELY ALG WLY LN 328.75 FTTH N 89-45-45E 366.34 FTTH N 00-14-15 W TO S MGN N 6TH STTH WTO BEG LESS 137.70 FTTHOF TGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06-23-05 & SW 1/4 SEC 0~ 23-05 LY NWLY OF NP R/W & SWLY OF LN BEG NXN WL Y EXT OF N LN OF GL 1 WITH W MGN SD R/W TH W 763.39 FT TH N 43-06-56 W 680.06 FT MIL TO INNER HARBOR LN TH S 46-52-27 W ALG SD LN 607.89 FT TO TPOB TH S 43· 06-56 E 713.87 FT TH S 46-53-04 W 215 FT TH S 20-38-24 W TO NWLY MGN SD NP R/W SUBJ TO SD 20 FT ESMTS LESS BN OPER STRIP ADJ POR OF SEL Y LN IN SD SEC 08-23-05 LESS ST RD #7 TGW VAC LOGAN ST LY NLY OF SPUR TRACKS TGW BLK C LK WASH SH LDS 3RD SUPPL LESS POR FOR RD PER DEED 20060817000676 LESS POR PER DEED 20061212000338 7 http://rentonnet.org/internetapps/KCNindex.cfin?fuseaction=showlegal&R=l Page I of 1 05/08/2009 King County Assessors Record Search . ICA&.ooltUp Account Description Sales Land Buildings Assessments Legal Description -Account Number: 0723059001 POR OF E 1/2 OF SEC 7-23-05 LYELYOFCWW#2 & NLYOF N 6TH ST IN SE 1/4 OF SEC LESS NP R/W LESS ST TGW VAC LOGAN ST LY NWLY OF LN 30 FT NWL Y OF GOV M DR LN TGW 2ND CL SH LDS ADJ SU BJ TO TWO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE 1/4 OF SEC BEG NXN S MGN OF N 6TH ST WITH W MGN LOGAN AVE TH SLY ALG SD ST 995.34 FT TH S 89-18-45 W TO ELY MGN CWW #2 TH N ALG SD MGN TO S MGN N 6TH ST TH E TO BEG LESS BEG NWCOR THOF TH SELY ALG WLY LN 328.75 FTTH N 89-45-45 E 366.34 FT TH N 00-14-15 W TO S MGN N 6TH ST TH WTO BEG LESS 137.70FTTHOF TGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06-23-05 & SW 1/4 SEC 05- 23-05 LY NWLY OF NP R/W & SWLY OF LN BEG NXN WLY EXT OF N LN OF GL 1 WITH W MGN SD R/W TH W 763.39 FT TH N 43-06-56 W 680.06 FT MIL TO INNER HARBOR LN TH S 46-52-27 W ALG SD LN 607.89 FT TO TPOB TH S 43- 06-56 E 713.87 FTTH S 46-53-04 W 215 FT TH S 20-38-24 W TO NWLY MGN SD NP R/W SUBJ TO SD 20 FT ESMTS LESS BN OPER STRIP ADJ POR OF SEL Y LN IN SD SEC 08-23-05 LESS ST RD #7 TGW VAC LOGAN ST LY NLY OF SPUR TRACKS TGW BLK C LK WASH SH LOS 3RD SUPPL LESS POR FOR RD PER DEED 20060817000676 LESS POR PER DEED 20061212000338 newset11dl la& search 1esuHs http:/ /rentonnet.org/i ntemetapps/K CNindex. c fin ?fuseaction=show legal&R = I Page I of 1 05/08/2009 Jennifer T. Henning From: Sent: Karen Walter [KWalter@muckleshoot.nsn.us] Tuesday, April 28, 2009 11 :33 AM To: Jennifer T. Henning Cc: Subject: Gerald M Rerecich; Chip Vincent RE: Boathouse Overall Jennifer, Thanks for your email and the clarification. The native vegetation should comprise of overhanging native plants, such as Sitka Willow or other overhanging native vegetation and conifer tree species suitable for the site. Emergent vegetation such as native bulrush may also be a good species to plant. If needed, native plant vegetation information can be found at http://www.kingcounty.gov/environment/stewardship/nw-yard-and-garden/native-plant-resources-nw.aspx and http://www.wnps.org/plant lists/exploring native plants.html. These species and types of vegetation were found historically along the lakeshore; therefore, are more conducive for salmonid habitat needs in Lake Washington. Thank you again, Karen Walter MITFD From: Jennifer T. Henning [mailto:Jhenning@Rentonwa.gov] Sent: Tuesday, April 28, 2009 9:36 AM To: Karen Walter Cc: Gerald M Rerecich; Chip Vincent Subject: RE: Boathouse Overall Hi Karen, I wanted to clarify that the gangway is not floating, it would be overwater connecting two existing docks at different heights, in order to meet ADA requirements. In addition, Parks is willing to plant some native vegetation in the nearshore habitat as mitigation. It is our intent to issue the Shoreline Exemption with this mitigating condition. From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us] Sent: Wednesday, April 22, 2009 5:35 PM To: Jennifer T. Henning Subject: FW: Boathouse Overall Jennifer, Thanks for getting back to us with the responses to our questions below. I apologize for not getting back to you sooner. I had a brief conversation with Chip Vincent about this project and want to share with you the questions posed and an initial comment. 1. Will the new gangway change the use at this dock? In other words, how is this dock structure used today? How will it be used once the gangway is added? Chip Vincent mentioned that there is a ferry service operating out of this dock. Do you have any more details about this ferry service? 2. The proposed grating for the gangway is a good mitigation measure but as the gangway {dimensions are unknown) will be a fixed floating structure; additional mitigation will likely be needed to offset this additional overwater coverage. Additional mitigation measures could include adding fish friendly substrate to the shoreline below the Ordinary High Water Mark to create better habitat conditions for juvenile salmonids that could be impacted by increased predation as a result of additional overwater coverage; planting native vegetation in the Nearshore such as bulrush to provide juvenile salmonids with habitat; adding native willows and other vegetation to provide overhanging cover, leaf litter and food source for salmonid prey. The extent of the mitigation will depend on how much overwater coverage would be created by the new gangway. 1 Again, I apologize for the delay in getting back to you on this issue and really appreciate the early review opportunity. Thanks, Karen Walter MITFD From: Gerald M Rerecich [mailto:Jrerecich@Rentonwa.gov] Sent: Thursday, April 02, 2009 12:37 PM To: Jennifer T. Henning; Karen Walter Subject: RE: Boathouse Overall Answers are in red below. From: Jennifer T. Henning Sent: Thursday, April 02, 2009 10: 11 AM To: Gerald M Rerecich Subject: FW: Boathouse Overall Hi Jerry, Could you help me to answer Karen's questions? Thanks! From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us] Sent: Thursday, April 02, 2009 9:19 AM To: Jennifer T. Henning Subject: RE: Boathouse Overall Hi Jennifer, Sorry I didn't get back to you sooner. It has been very busy around here. I have a couple of questions about the proposal. 1. As described, the gangway would be waterward of the existing structure, is that correct? Yes. that is correct. 2. If so, would the gangway run the entire length (i.e. from the western edge of the boathouse all the way to the floating dock? There is an existing gate on the waterwalk approximately 20 to 30 feet west of the float. The gangway would run from the gate to the float. The length of the gangway would be determined by the angle necessary to be ADA accessible. 3. What are the dimensions of the gangway? I do not know the exact dimensions other than what question #2 would dictate and wide enough to accommodate a wheel chair. 4. Would the gangway be floating or fixed? The gangway would be fixed. 5. What is the City proposing as mitigation for the additional overwater coverage? The gangway would be grated. Thank you for a chance to early review this project; sorry it took so long. Karen Walter Watersheds and Land Us Team Leader Muckleshoot Indian Tribe Fisheries Division 39015 172°d Ave SE Auburn, WA 98092 From: Jennifer T. Henning [mailto:Jhenning@Rentonwa.gov] Sent: Wednesday, March 18, 2009 6:04 PM To: Karen Walter Cc: Gerald M Rerecich Subject: FW: Boathouse Overall 2 Karen, Attached is a photo from Google Earth showing the existing Boathouse on Lake Washington. The gangway that would be added would be on the north side from the existing gate at the top of the waterwalk to the floating dock shown on the north side of the photo (right side as you look at the image). Please let me know if this makes sense. Again, the Parks Dept would be adding an ADA accessible ramp to get people from the waterwalk to the floating dock to on-and off-load on a boat. Thanks for your help! Jennifer Henning 3 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: C ;11 of f\ ,e "'-+o V\ ADDRESS: /ClS-S-}', G-v-(>l.l1 \JJ~y CITY: Re v\., "\-01, ZIP: q'oOSJ TELEPHONE NUMBER: ~ } > ~ Lf '30 ~ 6 6 o 0 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON NAME: ::re .. (', R ,e t-ee:.t'tl,, COMPANY (if applicable): ADDRESS: /0 >> '7, G--tCl&.:1 \)Jo.._/ CITY: (\ --e I,\_ 't 6 I\ ZIP:C{ '? osr- TELEPHONE NUMBER AND E-MAIL ADDRESS: ~)-.r~43o -66/q-_::i retecic.W~IAtov-.. a., ~ell '-' PROJECT INFORMATION PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: /060 N 19~{"v~ Lo..\\e W /r\, 'for: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): EXISTING LAND USE{S): A& d--t'i<>I\ c,i' ,9D.l.'..~\.L' <tY ~A · l't ~ t;-. a:\ \:. ea.+ h o u J-e PROPOSED LAND usE\S): A l>,I\ i,..cce>> 1 e \.\A Co ti~ -e1:J I h e,e:_ t e \ on_: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: C PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): EXISTING ZONING: \) (_ PROPOSED ZONING (if applicable): SITE AREA (in square feet): SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF RIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NUMBER OF PROPOSED LOf\(f applicable): NUMBER OF NEW DWELLING UNITS (if applicable): http://www.rentonwa.gov/uploadedFiles/Business/PBPW/DEVSERV/FORMS_PLANNING/masterapp.doc p-"lJECT INFORMATION (con . 1ed) -------------~-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDE BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDIN applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION f\ SHORELINE STREAMS AND LAKES o WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. /Attach leaal descriotion on seoarate sheet with the followina information included\ SITUATE IN THE {\) t-QUARTER OF SECTION .2_, TOWNSHIP :2.3, RANGE 5-, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 5h0"-e. \; txe. f°'t+::li'\ 'f"ta't<. NC--3. 2. 4. Staff will calculate applicable fees and postage: $: e-=-- AFFIDAVIT OF OWNERSHIP I, (Print Name/s) 1"' 'II' . declare that I am (please check one)_ the current owner of the property involved in this application o the authorized representative to act for a corporation (please attach proof of authorizaUon) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. (Signature of Owner/Representative) I certify that I know or have satisfactory evidence that Jerr~ 1'e re Vi' b signed this instrument and acknowledged it to be his/her/their ee and voluntary act for the uses and purposes mentioned in tt,e instrument. Notary Public in and for U,e State of Washington Notary (Print) )A.Mb.., C My appointment expires: ~ ~\ 'J -I 0 http://www.rentonwa.gov/uploadedFiles/Business/PBPW/DEVSERV/FORMS_PLANNING/masterapp.doc . 2 . Cedar River Boathouse Gangway Installation and Float Repair Waterways Cruises has proposed to use the existing dock at the Cedar River Boathouse as a site for a small excursion boat to pick up and return passengers. Located at the mouth of the Cedar River, the boathouse dock offers an excellent departure site for those that seek the services of Waterways Cruises. In order to be able to safely accommodate passengers, several important modifications need to take place. A gangway will n-eed to be installed between the dock and the existing float. The gangway would be approximately 36 feet long, two to three feet wide with railings and made of aluminum. The gangway would span over the water. There would be no contact with the water. There is an existing gate on the dock where the gangway would attach to the deck of the existing dock and to the float. The gangway would have rollers on the float end in order to be able to maintain the ADA required accessibility angle despite fluctuation of the Lake Washington water level. In addition to the gangway work, the float would need to be upgraded. This work would include cleaning, installation of a non-skid surface material, and a railing around the perimeter. The work would be completed within 2009. A contract with Waterways would be necessary and all other City of Renton requirements must be met before work could commence. Waterways Cruises would be required to pay for the gangway and float upgrades. During the time of the modifications, normal business can still be conducted at the boathouse and other ,related activities on the dock. 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'··. :~ ' -~--~:: 3 T23N R4E 24 T23~ R4E 19 T23N R5E 20T23N R5E . 21 T23N R5E _( 22 T23~ R5E , I 23 T23N RS'E 2• - 344 34$ 600 601 602 ' 820 821 IE I L.,~ I I \ H1 1 Hl2 · 1 30!:IR~ ~,~9!:IR51 H5 ~iH6 H7 I I 2Ef T23N R4E 25 T23N R4E 28 T23N R5E ,._ -27T23NR5E 26 T23N R5E / 25 3!i0 ~-j ·351; y-·----. -··· JI 1 / 12 ' ' ' fi~..; .. , - 36 T23N R4E 06'_/ 607 ' ' 1 J2 22N R4E 1 T22N R4E RESIDENTIAL ~ (RC) Resource Conservation ~ {R-1) Residential 1 du/ac ~ (R-4) Residential 4 du/ac ~ (R-8) Residential 8 du/ac 603 -----'- t$ 31 T23~ R5E 608 i ' I J3 6 T22N RSE ~ (RMH) Residenlial Manufactured Homes ~ (R-10) Residenlial 10 du/ac ~ (R-14) Residenlial 14 du/ac I RM-Fl (RM-F) Residential Multi-Family ,1,,. I RM-TI (RM-T) Residential Multi-Family Traditional IRH-u I (RM-U) Residential Multi-Family Urban Center 604 605 ' 825 ~ -.. 14 IS-/ 16 32 T23N R.SE 33 T23N Ri 34 T23N R5E 609 I 610 632 a,~mH>~LAKIS J-4 J5 .. J6 ! 5 T22N R5E 4 T22N RSE 3 T22N R5E MIXED USE CENTERS ~ (CV) Center Village ~ (UC-N 1) Urban Center -North 1 ~ (UC-N2) Urban Center -North 2 [fil (CD) Center Downtown COMMERCIAL 826 8 ~ 17 35 T23N RSE 36 833 8 J7 L~"HOLI 2 T22N RSE 1T2 INDUSTRIAL G;J (IL) Industrial -Ught CE] (IM) Industrial -Medium 0 (IH) Industrial -Heavy -----Renton City Limits ~ {COR) Commercial/Office/Residential 0 (CA) Commercial Arterial ~ (CO) Commercial Office ~ {CN)Commercial Neighborhocd KROLL PAGE PAGE# INDEX PLANNING DIVISION WAIVI OF SUBMITTAL REQUI MENTS FOR LAND USE APPLICATIONS Calculations , Construction Mitigation Description 2 AND 4 p~~ pt ~1g:111M,w~)I o~tj1b#tipn•··•·····---- Density Worksheet 4 Pt#1H~g~ ¢br\rbi pi~H f > - Drainage Report 2 Existing Easements (Recorded Copy) , Floor Plans , AND, '""'"'ttithH\(;<11 •R~orf i ~~6, Grading Plan, Conceptual 2 Mailing Labels for Property Owners , Mali}f EajstinQ Site c:ohdi@ns. •• Master Application Form, ¥'onJ;ned1 CWd~ (dhe•p~rmonuHient)t•·••-•.-:----- Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME: rrfJA ~ DATE: 5;1~/(Y; H:\Forms\Planning\waiverofsubmittalreqs.xls 02/08 PLANNING DIVISION WAIVEf IF SUBMITTAL REQUIR IENTS FOR LAND USE APPLICATIONS • 1..A.NP· US~P~PtllTSUSlillITTAli······· . . . ~~QUIR~MENT$!> •. •· Parking, Lot Coverage & Landscaping Analysis , Stream or Lake Study, Supplemental 4 §irWari pr1..~*e ~i~~~ ~1~~ L · Street Profiles 2 ~1e.R~~Jr1ili ""'~t c:erliri\;~til1 Topography Map 3 ft~ffl~ ~u~y;,•••·•-••·•· Tree Cutting/Land Clearing Plan 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section H:\Forms\Planning\waiverofsubmittalreqs.xls W.11.1\.ll;P . • MQPJFll:;P ·· av:· ~v:· ,4vA ~p ""! Ftcxx" ~ PROJECT NAME: _ __;_(U'" __ IS!-=.'Jcef--'-"-----'/+r;µ'-'-"'----'J('-'----- DA TE __ ~_,_t_,t /_0_'1 ____ _ ; I 02108 I. I I I I I 5 d 0- <}.! -t- ; _, V\ it V) Lu V") ::::, 0 :r: f- c::r.: 0 co 'l' . - ({ ~ ':r X ~f5 (:'Z ·:z . ,{..; ' ·.:·:_: ... ~ ~ : -~ ,, (_> I King County Assessors Record Search Account Description Sales Land Buildings Assessments Legal Description -Account Number: 0723059001 POR OF E 1/2 OF SEC 7-23-05 LY ELY OF CWW #2 & NLY OF N 6TH ST IN SE 1/4 OF SEC LESS NP R/W LESS ST TGW VAC LOGAN ST LY NWLY OF LN 30 FT NWLY OF GOV MOR LN TGW 2ND CL SH LOS ADJ SUBJ TO TWO 20 FT R/W ESMTS & POR OF SE 114 OF SE 1/4 OF SEC BEG NXN S MGN OF N 6TH ST WITH W MGN LOGAN AVE TH SLY ALG SD ST 995.34 FT TH S 89-18-45 W TO ELY MGN CWW #2 TH N ALG SD MGN TO S MGN N 6TH ST TH E TO BEG LESS BEG NW COR THOF TH SELY ALG WLY LN 328.75 FT TH N 89-45-45 E 366.34 FTTH N 00-14-15WTO S MGN N 6TH STTH WTO BEG LESS 137.70 FTTHOF TGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06-23-05 & SW 1/4 SEC 05- 23-05 LY NWLY OF NP R/W & SWLY OF LN BEG NXN WLY EXT OF N LN OF GL 1 WITH W MGN SD R/W TH W 763.39 FT TH N 43--06-56 W 680.06 FT M/L TO INNER HARBOR LN TH S 46-52-27 W ALG SD LN 607.89 FT TO TPOB TH S 43- 06-56 E 713.87 FTTH S 46-53-04 W 215 FTTH S 20-38-24 W TO NWLY MGN SD NP R/W SUBJ TO SD 20 FT ESMTS LESS BN OPER STRIP ADJ POR OF SEL Y LN IN SD SEC 08-23-05 LESS ST RD #7 TGW VAC LOGAN ST LY NLY OF SPUR TRACKS TGW BLK C LK WASH SH LOS 3RD SUPPL LESS POR FOR RD PER DEED 20060817000676 LESS POR PER DEED 20061212000338 newsea1d1 last search I esults http://rentonnet.org/intemetapps/KCA/index.cfin?fuseaction=showlegal&R=l Page I of I 05/08/2009 BILL OP SALE 1, BOEING COMMERCIAL AIRPLANE GROUP, a di vis ion of The Boeing Company, a Delaware corporation {"Boeing"), hereby conveys and quitclaims to THE CITY OF RENTON, a municipal corporation of the State of Washington {"Renton"), and Renton hereby accepts from Boeing, that certain property described on Attachment 1 attached hereto and by this reference incorporated herein (the "Property"), and Boeing hereby assigns to Renton WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, all guaranties, warranties and the like, if any, by any manufacturer of the Property. 2. Boeing and Renton agree that the Property quitclaimed herein shall at all times from this day forward be deemed personal property, and shal 1 not, by reason of any attachment or connection to any realty, become or be deemed a fixture or appurtenant to any such realty. Said property shall be severable from any such realty at any time, and shall remain the personal property of Renton. 3. Renton agrees to promptly pay any sales, use or like tax imposed by any governmental authority because of Boeing's conveyance of the Property to Renton. 4. THIS PROPERTY IS CONVEYED BY BOEING AND ACCEPTED BY RENTON II AS IS, 11 "WHERE IS, 11 "WITH ALL FAULTS AND DEFECTS. 11 Any description of the Property contained in this Bill of Sale is solely for identification purposes and does not constitute any representation or warranty that the Property conforms to such description. Renton represents and warrants that it has fully inspected the Property and that it is not aware of any defect, deficiency or nonconformance in the Property. Renton accepts the Property in its present condition and state of repair. 5. RENTON WAIVES AND RELEASES ALL RIGHTS AND REMEDIES, AND ALL WARRANTIES AND LIABILITIES OF BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFICIENCY, OR NONCONFORMANCE IN THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY: {A) IMPLIED WARRANTY {INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH RESPECT TO CAPACITY, DURABILITY, RELIABILITY, SAFETY OR PERFORMANCE OF THE PROPERTY); (B) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR IN PART FROM BOEING I S FAULT, NEGLIGENCE OR STRICT LIABILITY; BILL OF SALE Page 1 100000-0000/8At11410.0481 4ll/fJ2 OR (E) CLAIM FOR ANY INDIRECT, -CONSEQUENTIAL OR PENAL DAMAGES, INCIDENTAL, SPECIAL 6. Renton releases and agrees to defend, indemnify and hold harmless Boeing, its directors, officers, employees, agents and representatives, and their respective successors and assigns from any and all claims, losses, harm, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fee) arising out of or in connection with the ownership or use of, any· defect, deficiency or nonconformance in or any reliance on the Property. To the fullest extent permitted by applicable law, this paragraph 6 shall apply regardless of any fault, negligence or strict liability of Boeing or any of its directors, officers, employees, agents or representatives. 7. Boeing is willing to convey the Property to Renton only in consideration of and in reliance upon the provisions of this Bill of Sale limiting Boeing's potential loss exposure ( such as paragraphs 4, 5 and 6) • Such provisions constitute an essential part of the bargain underlying the conveyance. 8. No amendment or modification of this Bill of Sale shall be valid unless set forth in a written instrument signed by the party to b:~un,'.1~ereby. DATED: 87//Y/Y2 BILL OF SALE (00000-0000/8A811410.0481 BOEING COMMERCIAL AIRPLANE GROUP, a division of The Boeing Company, a Delaware corporation By~ J.J. Nelson Di rector, Facilities and Services THE CITYB~irf§-~1 Airplane Group a municipal corporation of the State of shington By Clerk Page 2 I ) ) ss. -,W....-;.:;¥--> ~ On this· '.,.,."-V'/ SI , 1992, before me, the undersigne , c in and for the State of Washin n, duly nd sworn, personally appeared J. 5,t:> , to me known to be the person who s gned as . s ~ of BOEING COMMERCIAL AIRPLANE GROUP, a dl.Vl.Sl.On of The Boeing Company, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the usesfld purposes therein mentioned, and on oath stated that ~ was duly authorized by the Board of Directors of the corporation to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and 0 and year in this certificat STATE OF WASHINGTON ) NOTAR PUBLIC in and Washington, residing My appointment expires: ) ss. COUNTY OF~ ) On this ;zg'f-lv day ofr'u~ , 1992, before me, the undersigned, a Notary~~in and for the State of Washi gton, duly commissioned and sworn, personally appeared -,,-...:J.~.Y:4-~&~L;~~,...---~--, to me known to be the person who s gned as / of THE CITY OF RENTON, the municipal co ation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that s/he was duly elected, qualified and BILL OF SALE Page 3 100000-0000IBA911410.0491 4n/92 acting as said officer of the municipal corporation, thats/he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Nb~~f~or~ Sta:f of Washington, residing at~ My appointment expires: 11/d-~/9s: ' [Attachment 1) BILL OF SALE Page 4 IOOOQ0-0000/8Al11410.041l] 4n/82 •, \ ) Attachment l Free standing, metal boat house measuring approximately 34' x 92', designated by Boeing as the 4-67 Building, and situated on the banks of Lake Washington in Renton, Washington, and the attached timber piers. See attached photograph. EXHIBIT D RECREATIONAL TRAIL EASEMENT AND AGREEMENT THIS RECREATIONAL TRAIL ~ENT ~ AGRJEMENT ("Agreement") is dated as of this ~ day of ,e;;v , 1992, and is made by and betwee OEING COMME ~ JI.IRPLANE GROUP, a di vision of The Boeing Company, a Delaware corporation ("Boeing") , and THE CITY· OF RENTON, a municipal corporation of the State of Washington (the. "City"), with reference to the following facts. A. Boeing has an interest in certain real property (the "Easement Area") more particularly described on Exhibit A and depicted on Exhibit B, which such exhibits are attached hereto and incorporated herein by this reference. B. A boathouse with attached pier (collectively, the "Boathouse") is situated upon a portion of the Easement Area. By separate instrument, Boeing has severed from the underlying realty and transferred to the City any and all right, title or interest it has in and to the Boathouse. c. The City desires to made to the Ea~ement Area together with the Boathouse, recreational trail system. cause certain improvements to be and to. use such· improvements, as an integrated portion of its D. Boeing desires to make certain improvements to its adjacent aircraft manufacturing facility (the "Renton Plant Facility") . In order to undertake such improvements, Boeing applied for and the City is~ued Substantial Development Pennit No. SM-071-89 dated November 15, 1989 (the "Permit") in accordance with the City's Shoreline Master Program. The Permit requires Boeing to transfer the Boathouse to the City and to enter into this Agreement. E. Subject to the terms and conditions of this Agreement, Boeing now desires to make the Boathouse and the Easement Area available to the City for public use in accordance with the Permit and the legislative purposes expressed in RCW 4.24.200 and RCW 4.24.210. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Boeing conveys and quitclaims to the City, for the use, benefit and enjoyment of the general public, a perpetual, nonexclusive easement upon, over, along, across and through the Easement Area for such purposes and subject to such terms and conditions as are hereinafter set Gy EASEMENT AND AGREEMENT Page 1 IOvOoo-0000111,0.,Q 11410 O) 1, l. Purpose. The City shall have the right to use the Easement Area for the purposes of: ( i) developing, constructing, maintaining, repairing and operating a public recreational trail; and (ii) maintaining, repairing, replacing and operating the Boathouse as a public recreational amenity. Such use of the Easement Area by the City shall hereinafter be referred to as the "Permitted Use." 2. Manlier or Exercising the Permitted Use. 2 • l Except as provided in paragraph shall not use, or allow the use of, the Easement purpose whatsoever. ' 1, the City Area for any 2.2 The City shall, at Permitted Use to be undertaken in a bodily harm to persons (whomsoever) (whatsoever) . all times, cause the manner so as to prevent and damage to property 2.3 The definitions of recreational use in RCW 4. 24 .210 notwithstanding, the Permitted Use is restricted to use of the Easement Area during daylight hours, except for regularly scheduled and supervised City sponsored events occurring after daylight hours. Vehicular use of the Easement Area is prohibited (except for emergency vehicles and such vehicles owned or operated by or on behalf of the city or Boeing in connection with authorized activities) . The City shall be solely responsible for ensuring that the public complies with all restrictions on use of the Easement Area, whether the same are required by this Agreement or applicable law. 2.4 The City shall maintain and repair the Easement Area (and improvements thereon) as necessary to keep the same in a neat, clean and safe condition and otherwise suitable for the Permitted Use. 2.s The City may temporarily close all, or portions of, the Easement Area to the general public for purposes of performing its responsibilities hereunder or otherwise to facilitate the Permitted Use. However, notwithstanding such closures, Boeing (and its employees, agents, contractors and designated representatives) shall at all times have the right to enter upon· the Easement Area at a reasonable time, in a reasonable manner, upon reasonable prior notice (if such prior notice is possible). The City shall give Boeing ten (10) days• advance written notice of any such closure (except closures required for emergencies). During such closures Boeing shall cooperate with the City so as to reasonably accommodate the city's activities within the Easement Area. 2.6 The City shall not cause or permit the EASEMENT AND AGREEMENT Page 2 100000-0000,UA~ 1 l <l 10 0) 11 Lf) development, construction, modification, alteration, demolition, removal or other change of any new or existing improvements (collectively, ''Alteration of Improvements'') upon or within the ·Easement Area without first obtaining Boeing's prior written consent (which such consent shall not be unreasonably withheld). Such consent may be conditioned upon Boeing's review of and satisfaction with detailed plans and specifications, scheduling· or such other matters relating to the proposed Alteration of Improvements. Any refusal by Boeing to consent to any Alteration-of Improvements on the grounds that the same may hinder, impair or otherwise interfere with the operation and use of the Renton Plant Facility shall not be deemed unreasonable, as such determinations are reserved to Boeing's sole judgment and discretion. If Boeing shall consent to any one or more Alteration of Improvements, the City shall cause the same to be done in strict accordance with any plans, specifications, scheduling, directions or other conditions of Boeing's consent. Boeing' s consent to any one or more Alteration of Improvements shall not be deemed to be consent to any other Alteration of Improvements. 2. 7 The City shall at all times ensure that the Permitted Use and all activities undertaken in accordance with this Agreement are in compliance with all applicable laws. The City shall not charge, collect or receive from the public a fee of any kind for the use of the Easement Area (except charges, such as boat rentals or other charges for concessions made available to the public which are incidental to the Permitted Use}. 2. 8 The City shall not cause or permit any equipment, supplies, vehicles or other · i terns to be kept or stored upon the Easement Area without first obtaining Boeing's prior written consent thereto, which such consent shall not be unreasonably withheld. Upon completion of activities which may disturb the surface or subsurface of the Easement Area (or any improvements thereon), the City shall restore the Easement Area (and any improvements thereon) to a condition as good or better than the condition the Easement Area (or such improvements) was in prior to such disturbance. If and to the extent the City may cause any excavations within the Easement Area, such excavations shall be done and completed with the highest degree of care. 2. 9 The City shall promptly pay (and secure the discharge of any liens against the Easement Area asserted by) all persons and entities furnishing any labor, equipment, services, supplies, materials or other i terns 1n connection with the Permitted Use. 3. Boeing's Reserved Rights. EASEMENT AND AGREEMENT Page J '00000 ,(-OOQ/9A8 \I• 10 OJ 11 3. 1 · Boeing reserves the right to use the Easement Area, at reasonable times and in a reasonable manner, for any and all purposes not inconsistent with the City's rights hereunder. Without limiting the foregoing, Boeing has historically and continues to periodically move aircraft to, from, in and around the Renton Plant Facility. In connection with such historical and periodic movement of such aircraft, portions thereof overhang, or otherwise encroach upon, the Easement Area and adjoining portions of the City's recreation trail system (including portions thereof subject to that certain "Bridge Permit" by and between the · parties dated September 29, 1969 (the "Tow Path") and portions thereof to be acquired by the city and developed along certain real property adjacent to the Renton Plant Facility and north of the Lake Washington inner harbor line (the "State-Owned Area")). The Tow Path and the State-Owned Area are depicted in Exhibit B. As to the Easement Area, Boeing reserves the right to use the same for such overhang or encroachment of aircraft. As to the Tow Path and the State-OWned Area, the city shall accommodate such movement, overhang and encroachment of aircraft, and the City shall not otherwise undertake any use, developments or operations therein or thereof which preclude or materially interfere with such historic and periodic movement, overhang or encroachment of aircraft. 3. 2 Subject to the City• s prior written consent (which shall not be unreasonably withheld), the City shall, within ten (10) days of receiving a written request from Boeing to do so, close to the public the portion of the Easement Area identified in such request and keep it closed during the period or periods of time requested by Boeing. The period or periods of time the Easement Area ·shall be so closed shall be the shortest period of time necessary to accommodate Boeing's need to close the Easement Area. Boeing reserves the right to close the Easement Area to construction, development, maintenance or use for a reasonable period in the event of an emergency or other similar reason. 3.3 In the event the City fails to· perform any of its obligations arising under this Agreement, Boeing may (without obligation to do so) perform the same at the City's sole risk and expense. (. Inaemnity. The City agrees to release, defend, indemnify and hold Boeing, Boeing's directors, officers, employees, agents, servants and representatives (and the respective successors and assigns of each and all of the foregoing) harmless from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages and liability (including, but not limited to, attorneys' fees) of any kind or character asserted or arising directly or indirectly from, on account of, or in connection EASEMENT AND AGREEMENT Page 4 :oo<Ylo OOOOiflA; ! •,; \0 0) 11 .. ·~ ~ with the City's operation, maintenance and control of the Easement Area (and improvements thereon). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4. 24. 115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein assumed, the City waives any immunity, defense or other protection that may be afforded by any workers' compensation, industrial insurance or similar laws (including, but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). s. No Warranties. 5. l. Boeing does not warrant title to the · Easement Area or the Boathouse and shall not be liable for defects thereto or failure thereof, and the city accepts the same "as is," with all faults or defects, whether or not such faults or defects are known to the City. s.2 Any plans, specifications, scheduling, documents or other information (collectively, "Submittal") provided by the city to Boeing pursuant to this Agreement are for Boeing's informational purposes only. Boeing's receipt of any such Submittal, or any review, analysis, approval, or other consideration or disposition thereof by Boeing, or Boeing's failure to review, analyze, approve or otherwise consider or dispose of any such Submittal (including, without limitation, failure to d:i,scover any error, defect or inadequacy of such Submittal) shall not relieve the City of any of its obligations under this Agreement. Boeing hereby expressly disclaims any and all warranties, express or implied, . with respect to any one or more Submittals, or any other plans, specifications, documents or information developed, reviewed or provided by Boeing to the City as a condition of this Agreement. 6. Notices. Any· notice, request, designation, direction, statement or other communication under this Agreement shall be in writing and shall be delivered in person or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to Boeing: If to the City: EASEMENT AND AGREEMENT I00000-0000/!1All 11 410 Ol It Boeing Commercial Airplane Group Renton Division P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Facilities The City of Renton Parks and Recreation 200 Mill Avenue South Page 5 O' 0 (\J lJ' Renton, WA 98055 Attn: Parks and Recreation Director Either party may change its address specified paragraph by giving the other party notice of such accordance with this paragraph. in this change in 7. successors. The City's rights and obligations under this Agreement shall not be assigned without Boeing's prior written consent. Subject to the foregoing restriction on assignment, this Agreement and the terms and conditions contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. a. Termination. a.1 In the event of any material breach by the City of any of the terms or provisions herein, in addition to all other rights or remedies it may have, Boeing may terminate this Agreement by sixty (60) days' advance written notice, which notice shall specifically state the reason for such termination. No such termination, however, shall be effective if, within sixty (60) days after such notice, the City has cured the breach and has taken or commenced action in good faith to prevent such breach from recurring. a.2 This Agreement and all of the City's rights hereunder shall terminate and revert to Boeing upon abandonment of the Permitted Use by the City. The city shall be pres\lllled to have abandoned the Permitted Use if the City ceases to ma:..ntain and use the Easement Area therefor for a period of two (2} successive years. 8. 3 Upon termination of this Agreement, the City, at its sole cost and expense, shall remove from the Easement Area any and all improvements thereon and restore the Easement Area to a condition as good as or better than it was prior to construction of said ·improvements; provided, however, the City shall have no obligation to remove improvements and restore the Easement Area if Boeing shall elect, in writing, to accept the City's abandonment of such improvements in their then current condition and location. s.• No termination of this Agreement shall release the City from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release the City from its obligation to close the Easement Area to public use. Dated as of the date first written above, EASEMENT AND AGREEMENT Page 6 100000-0000/'!l-'9 l 1, 1:) OJ 11 t .""7 ") BOEING: BOEING COMMERCIAL AIRPLANE GROUP, :y~o•pany JJ. Nelson · Di rector, Facilities and Services Boeing Commercial Airplane Group TH RENTON By Clerk STATE OF WAS ) COUNTY OF -L-"-.:_c__~""'-~ ss -~/ .!---day of , 1992, before me, -++--a Notary ubcinand for the State of ommissioned d sworn, personally appeared , to me known to be the person :-w:;::h",o..C..,s:"J.f-g:::n:-e"°d~-=a--::s==rn.--:fv'-.-;,r,:::::--~ Ce .s: of BOEING COMMERCIAL AIRPLANE GROUP, a division of The Boeing Company, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the use~n purposes therein mentioned, and on oath stated that was duly authorized by the Board of Directors of the orporation to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. EASEMENT AND AGREEMENT Page 7 I00000-00001'8Alll u 10 OJ7J • J'. r ; , ' _',' I I ' ·, .. . I I .. I ', •·! 'i \ /, ',, J '. \. .., ," I '> :-'.:. >; ;: :; : \~:.'.--·' , ·., J My appointment expires: ...... ,,. . ' STATE OF WASHINGTON ) ) ss. COUNTY OF# ) on this aa"D day of ~ , 1992, before me, the undersigned, a Notary Tuic in and for the state of Washington,() duly commissioned and sworn, personally appeared -%, 9 %,Q,. \.'.~ !'.l'.lR:J , to me known to be the person who signed as ~) of THE CITY OF RENTON, the municipal coi:odtion that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that s/he was duly elected, qualified and acting as said officer of the municipal corporation, thats/he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. EASEMENT AND AGREEMENT ''lfJ')')!) /,l"J(')D.1'1Aa• '~IC~ l ll NOT Y UBLIC in and for~e ~tate Washington, residing at~~~ My appointment expires: '' f;i.~ /g:,-- of Page 8 "<j" LO r-- a-- 0 N IT' EXHIBIT A EXHIBIT B Legal Description of Easement Area Easement Area Depiction Tow Path Depiction State-Owned Area Depiction EASEMENT AND AGREEMENT 100000-0000IIIAI 1 1 ~ 10 Ol 1t Page 9 Recreation Trail Easement And Agreement Exhibit A (1 of 21 "The Easement Area" A. The 30 Foot Easement: AN EASEMENT, THE MAJORITY OF WHICH IS THIRTY FEET IN WIDTH, SITUATED IN BLOCK C, THIRD SUPPLEMENTAL MAP OF LAKE WASHINGTON SHORELANDS (KING COUNTY AUDITOR'S FILE NO. 5927582) BEING IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT TRACT OF LAND ACQUIRED BY BOEING FROM THE STATE OF WASHINGTON AS DESCRIBED IN DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 6025859, SAID CORNER BEING ON THE INNER HARBOR LINE OF LAKE WASHINGTON i THENCE SOUTH 12°4 7 '4 2 11 EAST ALONG THE WESTERLY LINE OF SAID TRACT 30.24 FEET; THENCE "'1" NORTH 84°25'26" EAST 407.04 FEET; THENCE SOUTH 05°12'40" EAST LO 11.61 FEET; THENCE NORTH 84°23'16" EAST 27.04 FEET; THENCE NORTH I'-05°57 1 52" WEST 11.59 FEET; THENCE NORTH 84°25'26" EAST 572.74 FEET; THENCE NORTH 39°06'33" EAST 12.56 FEET; THENCE NORTH O" 28°06'53" EAST 25.33 FEET TO A POINT ON SAID INNER HARBOR LINE; ~ THENCE SOUTH 84°25'26" WEST ALONG SAID INNER HARBOR LINE 1033.35 O" FEET TO THE POINT OF BEGINNING. CONTAINING 30,948 SQUARE FEET, MORE OR LESS. B. The 10 Foot Easement: AN EASEMENT, TEN FEET IN WIDTH, LYINC IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5·EAsT, W.M.,-IN KING COUNTY WASHINGTON, BEING IN THE LAKE WASHINGTON SHORELANDS AS SHOWN ON MAP PREPARED BY UDO HESSE UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 156371, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT TRACT OF LAND BOEING ACQUIRED FEBRUARY 11, 1966 FROM PUGET SOUND POWER & LIGHT COMPANY, DESCRIBED AS SHUFFLETON BIN DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 5988091, SAID CORNER BEING ON THE INNER HARBOR LINE; THENCE SOUTH 43°06'56" EAST ALONG THE EASTERLY BOUNDARY OF SAID TRACT 21.94 FEET TO THE TRUE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT; THENCE CONTINUING SOUTH 43°06' 56" EAST ALONG SAID EASTERLY BOUNDARY 190.23 FEET; THENCE SOUTH 46°26'13" WEST 10.00 FEET; THENCE NORTH 43°06'56" WEST 183.84 FEET; THENCE SOUTH 71 °03' 18" WEST 69. 3 7 FEET TO SAID INNER HARBOR LINE; THENCE NORTH 4 6°52' 27" EAST ALONG SAID INNER HARBOR LINE 2 4. 41 FEET; THENCE NORTH 71°03' 18" EAST SJ. 57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,485 SQUARE FEET, MORE OR LESS. Recreation Trail Easement And Agreement Exhibit A /2 of 2} "The Easement Area" C. The Boathouse Easement: ------· AN EASEMENT ENCOMPASSING A PORTION OF BOEING'S RENTON FACILITY BUILDING 4-67. AND ATTACHED RAMP SITUATED IN BLOCK C, THIRD SUPPLEMENTAL MAP OF LAKE WASHINGTON SHORELANDS (KING COUNTY AUDITOR'S FILE NO. 5927582) BEING IN THE NORTHEAST QUARTER OF SECTION 7 , TOWNSHIP 23 NORTH, RANGE 5 i;;AST, W.M., KING COUNTY, WASHINGTON, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT TRACT OF LAND ACQUIRED BY BOEING FROM THE STATE OF WASHINGTON AS DESCRIBED IN DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 6025859, SAID CORNER BEING ON -THE INNER HARBOR LINE OF LAKE WASHINGTON; THENCE SOUTH 12°4 7 '4 2 11 EAST ALONG THE WESTERLY LINE OF SAID TRACT 30.24 FEET; THENCE NORTH 84°25'26" EAST 55.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 04°37'03" EAST 23.20 FEET; THENCE SOUTH 51°26 1 14" WEST 57.88 FEET TO A POINT ON SAID WESTERLY LINE OF SAID TRACT; THENCE SOUTH 12°4 7 '4 2" EAST ALONG SAID WESTERLY LINE 16. 3 6 FEET; THENCE NORTH 51°21'25" EAST 72.70 FEET; THENCE NORTH 04°3 2 '09" WEST 3 • 7 5 FEET; THENCE NORTH 85°28'00 11 EAST 31.08 FEET; THENCE SOUTH 45°33'29 11 EAST 10.08 FEET; THENCE SOUTH 04°43 '09" EAST 4 6 .13 FEET; THENCE NORTH 85°16 1 51 11 EAST 14.00 FEET; THENCE NORTH 04°43 1 09" WEST 37.95 FEET; THENCE NORTH 8 5°2 8 ' 0 0" EAST 2 2 • 3 0 FEET; THENCE NORTH 04°32 '00" WEST 15. 75 FEET; THENCE NORTH 85°28 1 00 11 EAST 17.86 FEET; THENCE NORTH 04°32'00 11 WEST 21.00 FEET; THENCE NORTH 85°28'00 11 EAST 125.00 FEET; THENCE NORTH O 4°3 2 ' 00 11 WEST 10 • 4 7 FEET TO A PO INT ON A LINE WHICH BEARS NORTH 84°25' 26 11 EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°25'26 11 WEST 2 31. 5 2 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,258 SQUARE FEET, MORE OR LESS. BILL OP BALE 1. BOEING COMMERCIAL AIRPLANE GROUP, a division of The Boeing Company, a Delaware corporation ("Boeing"), hereby conveys and quitclaims to THE CITY OF RENTON, a municipal corporation of the State of Washington ("Renton"), and Renton hereby accepts from Boeing, that certain property described on Attachment 1 attached hereto and by this reference incorporated herein (the "Property"), and Boeing hereby assigns to Renton WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, all guaranties, warranties and the like, if any, by any manufacturer of the Property. 2. Boeing and Renton agree that the Property quitclaimed herein shall at all times from this day forward be deemed personal property, and· shall not, by reason of any attachment or connection to any realty, become or be deemed a fixture or appurtenant to any such realty. Said property shall be severable from any such realty at any time, and shall remain the personal property of Renton. 3. Renton agrees to promptly pay any sales, use or like tax imposed by any governmental authority because of Boeing's conveyance of the Property to Renton. 4. THIS PROPERTY IS CONVEYED BY BOEING AND ACCEPTED BY RENTON II AS IS, 11 "WHERE IS, 11 "WITH ALL FAULTS AND DEFECTS. 11 Any description of the Property contained in this Bill of Sale is solely for identification purposes and does not constitute any representation or warranty that the Property conforms to such description. Renton represents and warrants that it has fully inspected the Property and that it is not aware of any defect, deficiency or nonconformance in the Property. Renton accepts the Property in its present condition and state of repair. 5. RENTON WAIVES AND RELEASES ALL RIGHTS AND REMEDIES, AND ALL WARRANTIES AND LIABILITIES OF BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFICIENCY, OR NONCONFORMANCE IN THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH RESPECT TO CAPACITY, DURABILITY, RELIABILITY, SAFETY OR PERFORMANCE OF THE PROPERTY); (B) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR IN PART FROM BOEING'S FAULT, NEGLIGENCE OR STRICT LIABILITY i BILL OF SALE Page 1 OR (E) CLAIM FOR ANY INDIRECT, -CONSEQUENTIAL OR PENAL-DAMAGES. INCIDENTAL, SPECIAL 6. Renton releases and agrees to defend, indemnify and hold harmless Boeing, its directors, officers, employees, agents and representatives, and their respective successors and assigns from any and all claims, loss.es, harm, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fee) arising out of or in connection with the ownership or use of, any defect, deficiency or nonconformance in or any reliance on the Property. To the fullest extent permitted by applicable law, this paragraph 6 shall apply regardless of any fault, negligence or strict liability of Boeing or any of its directors, officers, employees, agents or representatives. 7. Boeing is willing to convey the Property to Renton · only in consideration of and in reliance upon the provisions of this Bill of Sale limiting Boeing's potential loss exposure (such as paragraphs 4, 5 and 6). Such provisions constitute an essential part of the bargain underlying the conveyance. 8. No amendment or modification of this Bill of Sale shall be valid unless set forth in a written instrument signed by the party to b:~un~ ~ereby. DATED: O://f//52 BILL OF SALE [00000-0000/8.A.911 oi \0.0491 BOEING COMMERCIAL AIRPLANE GROUP, a division of The Boeing Company, a Delaware corporation By~ J.J. Nelson Di rector, Facilities and Services THE CITYBffillgit'§i!JPo~?I Airplane Group a municipal corporation of the State of ~hington By Clerk Page 2 4fl/12 ss. COUNTY OF f\/r--V'I 'S _L ~+--.;.--a-ay of / , 1992, before me, a Notary' --,P"'u4-,-,,,;.,r---irn.:.__a_n___,d-for the State of ommissioned nd sworn, personally appeared , to me known to be the person who signed as .S: Vc.e.s:_ of BOEING COMMERCIAL AIRPLANE GROUP, a of The Boeing Company, the corporation that executed the within and foregoing instrument, and acknowledged 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 t/-c: was duly authorized by the Board of Directors of the corporation to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and o and year in this certificat STATE OF WASHINGTON } NOTAR PUBLIC in and Washington, residing My appointment expires: } ss. day of~ COUNTY OF~ } On this ;»f+'v day of~~ , 1992, before me, the undersigned, a Notary~~ in and for the state of Washington, duly commissioned and sworn, personally appeared :-;---t~~4--_J.&~~<V'-";;:;;:,,_ _ __::,,___ to me known to be the person who signed as / of THE CITY OF RENTON, the municipal ation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that s/he was duly elected, qualified and BILL OF SALE Page 3 acting as said officer of the municipal corporation, thats/he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. BILL OF SALE 100000-0000/8A911" 10,0491 N~UBLIC in and for~Sta~ Washington, residing atif;;..J My appointment expires: 11 (d2 /9S: ' [Attachment 1] of Page 4 ,n192 Attachment 1 Free standing, metal boat house measuring approximately 34' x 92', designated by Boeing as the 4-67 Building, and situated on the banks of Lake Washington in Renton, Washington, and the attached timber piers. See attached photograph.