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Home My WebLink AboutReport 1C/) 0 c 0 3 CD 0 0 CD I z rn 0 0 CD Z KIM-8 16412 NE 14th Place DRAWING BY: Gregory W. Aehley Design c Permitting Bellevue, Washington 98008.3707 Phone:(425)957-9381 e-mail: greg@shorellne-permilling.com mlsuoelr—IanIs.aeanmkldblrnd1. ws,sd lnf.dw P"rhuephrijtswepeFeu]daerwdfmuuirtree. em71 hyiptlkuaoseaWdEivdssonly.Asycpy7n8,dhrluo,Ash(eyShorefine ced. F ABDWSWCupy-W2006- lihlrySF�nlnro7cngxaZ2mnkeb - - - _ (TYP. ELEVATION) OHWM 21.85' 1. ALL SHEETPILINGS ARE EXISTING. 2. SHEETPILINGS ARE 12" TYPICAL 3. ALL I --BEAMS ARE EXISTING. 4. i—BEAMS ARE 6 1 /2" X B" STEEL. 5. 1-8EAMS ARE MAXIMUM 12' O.C. 6. STRINGERS TO BE MAXIMUM 5' D.C. 7. STRINGERS TO BE ATTACHED TO CAPS WITH 25" X 1 /2" GALV. CARRIAGE BOLTS S. DECKING ATTACHED TO STRINGERS VITH N.D. GALV. SPIKES NOTES: ALL SHEETPILINGS ARE NON —TREATED STEEL ALL 1—BEAMS ARE NON —TREATED STEEL STRINGER MATERIAL TO BE DOUGLAS FIR # 2 OR BETTER -- ACZA TREATED TO .40 OR REFUSAL DECKING TO BE DOUGLAS FIR -- ACZ4 TREATED TO .40 OR REFUSAL ALL HARDWARE TO BE HOT DIPPED GALVANNIZED 4 x 12 DECKING CARRIAGE BOLT 4 x 12 DECKING .4 x 12 STRINGERS 4 x 12 STRINGERS 6 1/2 x 8 I —BEAM 3 x 12 C—CHANNEL CAWx 12 BULLNOSE 4 x 12 BLOCKING 6 1 /2 x 8 1—BEAM 3 X 12 C—CHANNEL CAP 4 x 12 BULLNOSE SHEETPILES 4 x 12 VERTICAL i 7 Mif SHEETP LE �D, RUB STRIP (2' D.C.) i 4 x 12 RUB RAIL I (2' O.C.) (TYP. SECTION) END SECTION I WATERFRONT PROJECT FOR: SECO Development LOCATION: Lakewas ington 1083 I ake Washington BlvdJN LAT. 47139 14" North LONG: 12° 17' 08" weVIst PACE 3 0! 3 Renton, WA 99056 LENGTH FROM OH^.4I: 204' SQ, FT.: 3110166 16412 NE 10th Pkace DRAWING BY: Gregory IV. Ashley . s�iCey Shoreline Design c ermittin� $ellevue, Fi'ashinglon 98QQ637Q7 Phone: {q25) 457-9361 e-mail. greg@shorellne-permitting,com Uk ktl6 detclos clts9 M. Awc erprtrmgaleura. n wtuch Ls lobod.e fur uc by npecpfe Ifxased InYlNtlek6 anp. Aoy cupyirg, tllsclpgurz, wi&hN o*ndferaa by ar A1.... efHoo of left cu—J d-k ptdh2 rd. ��j AU DmLRM Copywrlk 2006- Axh(xy Shvrfvtr Oejrsy7•7MUv9 Proposed walkway Existing pier section. q fl Existing piles Existing piles Existing piles i , OHWM 21.86 i r W I I Q I Fxleting sheet pile and ecology block bulkhead to remaln f' 4 GWi �m I � i f c'•i E C I& 52 A5 yq IN 1..y CL cu cu 0 0 0 CY) z 0 C) (1) E :3 LL 0 CL :3 0 U) 16412 NE loth Place It DRAWING BY: Gregory W. Ashley %� %� Shoreline %� � �Y(J L r1� +_ �]' (D J(-"i (Design [J a J .f. y /V! 'l4lt t g Bellevue, Washington 984(18-3707 Phone, (425) 957.9381 e-mail: gregtashoreline-permttting.conx pme, i g bdl ar ronlen II proprlewry [nimmrlloo. 7hmn 11 log cu W[Adults awky. dye ppi w diseednmededfo[ use by turralfu l M k; p l Mbimd. a ony. key eoptfoy, dlwhsnre, ar alseemlao«on of t Wh ewomotkrotleo k proL76tad AUD.1C.cup}+r1y2aV6- �rrrrys nrin�mt a�z may P/L Imner Horbor Line. 1 P%L N46 52'27"E 607.64 I i I I 1 l Existing pier to remain Existing I—Bearns over Flume I (tA be covered to create walkway) I LAKE WASHLNGTON Existingfles Existing pier sectien. P Existing piles OHWM 21 85 iExisting cone, tunel' entrance Existing sheet pile and ecology block bulkhead to re — main t4�.t I of JI LA WI �I I vl 0o l �I Existing piles WATERFRONT PROJECT FOR: SECO Development LOCATION: Lake Washington PROJECT DESCRIPTION: Cover existing flume to create walkway. 1053 Lake Washington Blvd N LAT' 47' 35' 14F' Nmrth LONG: 12' 17' 08WitA PAGE: 1of3 Renton, WA 99056 LENGTHFROMOHR'i ., 204' SQ. FT..4,294 DATE.311tN06 Kathy Keolker, Mayor March 8, 2007 Bill Stalzer Stalzer and Associates 603 Steward Street ste 419 Seattle, WA 98101 SUBJECT: Southport West Plume Decking Project No. LUA-06-033, SM Dear Mr. Stalzer: CITY )F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator The City of Renton has completed its second review of the Southport Pedestrian Walkway Easement required for the approval of the Southport West Flume Decking. The following changes will be necessary in order for the City to approve your proposal: 1. See attached comment memo from Karen McFarland, Property Services dated March 2, 2007. Once the above changes have been made, please submit four copies of the revised easement language to me at the sixth floor counter of City Hall. The revised easement language will be routed for final review and you will be notified if additional information is required. if you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7219. Sincerely,`'' Jill K. Ding Senior Planner Enclosure cc: Southport One, LLC, owner/applicant Yellow file 1055 South Grady ��Way - Renton, Washington 98057 RE NTON AHEAD OF THE. CURVE JL O� PLANNING/BUILDINGI * # PUBLIC WORKS DEPARTMENT `- rc&j M E M O R A N D U M DATE: January 30, 2007 TO: Karen McFarland FROM: Jill Ding SUBJECT: Southport West Flume Pedestrian Walkway Easement (File No. LUA06-033, SM) Please review the legal descriptions and exhibits included in the attached easement document. If you have any questions, contact me at x7219. q: %data_center%teniplateslpbpwlstandardmemo.cl oc and Associates PLANNING, LAND USE AND DEVELOPMENT SERVICES January 25, 2007 Jill K. Ding, Senior Planner Planning/Building/Public Works Dept. City of Renton 1055 South Grady Way Renton, Washington 98055 Re: Southport West Flume Pedestrian Walkway Easement Dear Jill: DEVELOPMENT PLANNING CITY OF RENTON JA N 2 6 2007 RECEIVE[ Please find enclosed four copies of the revised pedestrian walkway easement and associated exhibits. This information pertains to the memos from you and Karen McFarland dated July 19, 2006 (also enclosed). Please do not hesitate to let me know if any additional information is required. Sincerely, Bill Stalzer Cc: Michael Christ, SECO Development Enclosures 603 Stewart Street Suite 419 Seattle, Washington 98101 Tel 206-264-1150 Fax 206 264-1152 email bstalzer@seanet.com Kathy Kcaoftr, Mayor f July 19, 2006 CIT - OF RIENTON Pimninouilainoubhc,Works-DeWW �t Gregg2immerman P,E., Admiilaistratar - Bill:�alzer Sta€zer and Associates 643 Steward Street ste 419 Seattle, WA 98101 SUBJECT; Soutport West Flume:Decking Project No. LUA-0"33, SM Dear Mr. Sta€zer: The City of Rw*m has completed the initial review of the Southport. Pedestrian Walkway . Easement required for the approval of the Southport West Flume Decking. The following - changes will be necessary in order for the City to approve your proposal: 1. See attached comment memo from Karen McFarland; Property Services dated July 19; n06. Once the. above oranges €iave,been tna fe, please submit four tiopies,-of the revised'easement Language, to me at the sixth floor counter of City Hall. The revised easement language wick be routed for final review ancl'.yc+u willbe notified if additional information Is: s required. ff you have any gUestions regarding your application or. the changes requested above, please contact.me at (425) 430-7219. Sincerely; JiH K. Ding Senior Planner Enclosure cc: Southport One, LLC, owner/applicant Yellow file - -1055 South Grady Way - Renton, Washington 98055 RE N 1 �ON - AH$Ap OF Tl-!R CURVE E11isPeRer 650%reCy4JBOn?blt9fia� 3.%Q%p : *4& PLANNINGIBUILDINGI , PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: July 19, 2006 TO: Jilt Ding FROM: Karen McFarland (x7209) SUBJECT: SOUTHPORT PEDESTRIAN WALKWAY EASEMENT Technical Services staff have reviewed the legal descriptions on the above referenced document and have the following set of comments: EXHIBIT A: + We ask that the following indexing information be included at the end of the full legal description: "Lot 1 of the City of Renton Short Plat No. LUA-99-134-SHPL, as recorded under King County Recording No. 20000131900006, records of King County, Washington. Situate in the Northwest Quarter of Section 8 and the Southwest Quarter of Section 5, all in Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington." EXHIBITS B AND C: + These exhibits were not provided and thus could not be reviewed. When these exhibits have been submitted, please provide them to Technical Services staff for review. p:1a11_reviews%lgldescreviews%southportO706jd.doc AFTER RECORDING RETURN TO: BUCK & GORDON, LLP 2025 First Ave., Suite 500 Seattle, WA 98121 Attn: Molly Lawrence SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT GRANTOR: SOUTHPORT ONE, LLC, a Washington limited liability company; and SOUTHPORT FOUR, LLC, a Washington limited liability company GRANTEE: CITY OF RENTON, a Washington municipal corporation LEGAL DESCRIPTION Lots 1 and 4 of City of Renton Short Plat No. LUA-99-134- (Grantor Property): SHPL, recorded under AFN 20000131900006 ASSESSORS' TAX PARCEL ID NO. (Grantor 052305-9075 Property): 082305-9216 REFERENCE NO.: NIA THIS SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT ("Easement"), effective this day of , 2006, is made by and between SOUTHPORT ONE, LLC, a Washington limited liability company and SOUTHPORT FOUR, LLC, a Washington limited liability company ("Grantor"), and CITY OF RENTON, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of real property located in King County, Washington legally described on Exhibit A attached hereto (the "Grantor Property"). B. The Gene L. Coulon Memorial Beach Park, a municipal public park operated by Grantee, is located easterly of the Grantor Property (the "Park"). The Park contains a public trail, a portion of which is along the southern shoreline of Lake Washington (the "Trail"). Over the past several years, Grantor has granted several easements to Grantee to enable Grantee to extend the Trail from the Park over several properties owned by the Grantor in order to create a continuous public walkway/trail system along the southern shoreline of Lake Washington. Those existing easements are recorded with King County under AFNs 20051021000894, 20051021000895, and 20051021000896, and 20001117001232. This Easement furthers that effort by granting Grantee an easement over another segment of the Grantor Property to continue the Trail. C. Grantor has agreed to grant an easement across that portion of the Grantor Property depicted on Exhibit B attached hereto and legally described in Exhibit C attached hereto (the "Easement Area") for the purpose of operating and maintaining a public walkway for pedestrian use subject to the terms and conditions set forth herein. AGREEMENT In furtherance of the Recitals set forth above, which are incorporated herein by reference, and in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby conveys and quitclaims to Grantee a perpetual, non-exclusive easement over, across, and upon the Easement Area for the purpose of operating and maintaining a public walkway for pedestrian use. This Easement shall include the right to access by the Grantee (including its employees, agents and contractors) over the Easement Area as necessary for the Grantee to satisfy its maintenance and repair obligations as set forth in Section 6, including inspection at reasonable intervals. 2 2. Reservation of Rights. Grantor reserves the right to use the Easement Area in order to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property. This reservation shall include, but not be limited to, the right: (a) to maintain, inspect, repair, replace, and operate any utilities located now or in the future within the Easement Area; (b) to temporarily block or interrupt access to the Easement Area for maintenance and/or emergency vehicles; (c) to temporarily block or interrupt access to the Easement area to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property; (d) to block access to the Easement Area for up to 24 consecutive hours, or longer with the prior written approval of Grantee, for special events on the Grantor Property, including, but not limited to, concerts, weddings, and conventions; and (e) to construct a non - site obscuring fence, (e.g., chain link without slats), immediately adjacent to the Easement Area, separating the Easement Area from the balance of the Grantor Property. The reservation set forth in subsection 2(d) above shall apply only until the City or a third party designated by the City completes construction of the Sam Chastain Waterfront Trail extension trail between point A and point B as shown on Exhibit D hereto (the "Trail Extension"); provided that, if the Trail Extension is closed to the public, or Grantee fails to maintain the trail extension to the standards set forth in Section 6(A)(i) below, Grantor's rights under subsection 2(d) above shall be revived for the period of closure and/or inadequate repair. Grantor further reserves the right to use the Easement Area for any other purposes not inconsistent with the easement rights granted in Section 1, provided that such other uses do not unreasonably interfere with Grantee's use of the Easement Area. 3. Limitations on Easement. The easement rights granted in Section 1 above are further limited as follows: A. The easement rights granted herein may be exercised only during those hours when the Park is open to the public, as may be modified from time to time. B. The easement rights granted herein are limited to pedestrian connectivity only. Such rights do not include any rights of assembly, speech, demonstration, or petition, and do not authorize exhibiting any placard, signs or notices, distributing any circular, handbill, placard, or booklet, soliciting membership or contributions, parading, picketing or loitering. C. The easement rights granted herein do not include the right to ingest, sell or distribute alcohol within the Easement Area. D. Except as provided in Paragraph 6 below, Grantee shall not have the right to make any temporary or permanent improvements, including installing landscaping, benches, signage, or other structures, within the Easement Area without the prior written consent of the Grantor. 4. Improvement of Easement Area. Grantor shall construct a pedestrian walkway within the Easement Area (the "Walkway"). This Walkway shall also function as a cover for 3 the west flume, which is described in the Southport Planned Action Environmental Impact Statement (DSEIS, pp. 2-9 and 2-21), and may, in the Grantor's sole discretion, extend outside of the Easement Area onto the Grantor Property. For the purposes of this Easement, the portion of the Walkway located in the Easement Area shall be known as the "Grantee Walkway," and the portion of the pedestrian walkway located outside of the Easement Area on the balance of the Grantor Property shall be known as the "Grantor Walkway." 5. Restrictions on Easement Area Improvements. The parties agree that any improvements to the Easement Area shall be designed to be consistent with Grantor's use of the remainder of the Grantor Property and any other properties owned by the Grantor or its affiliates abutting the Grantor Property. 6. Maintenance of Walkway. A. Following Grantor's construction of the Walkway pursuant to Section 4, Grantee shall accept the Grantee Walkway and shall assume responsibility, at its sole cost and expense, for maintaining and repairing the Grantee Walkway. This responsibility shall also include the obligation to replace the Grantee Walkway, as needed; provided that, Grantee shall submit its schematic plans and construction details for any proposed replacement of all or any portion of the Grantee Walkway to Grantor at least sixty (60) days before commencing construction, and Grantee must obtain Grantor's prior written approval of any such plans and details before commencing construction. B. Grantee's maintenance, repair and replacement obligations shall be performed consistent with the following conditions and restrictions: i. The Grantee shall maintain the Grantee Walkway to a level consistent with the quality of other improvements on the Grantor Property, but in no event shall that level fall below the standards for other pedestrian walkways maintained by Grantee along the Lake Washington shoreline and/or other parks owned or managed by Grantee. ii. Grantee shall perform all maintenance, repair and/or replacement work in a careful, workmanlike manner, free of claims or liens. iii. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably interfere with the use and enjoyment of the remainder of the Grantor Property. iv. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably block pedestrian or vehicular access to, from, and/or across the Easement Area by the Grantor, its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents. 4 V. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to block any views from the Grantor Property of Lake Washington without first obtaining the prior written consent of the Grantor. vi. Grantee shall perform all maintenance, repair and/or replacement work in a prompt and timely manner. Once Grantee has initiated any maintenance, repair and/or replacement work in the Easement Area, Grantee shall continue such work through completion without any unreasonable delay. C. Notwithstanding the foregoing, the parties acknowledge that there are several structural members, (e.g., corrugated iron bulkheads, I -beams, concrete wall, etc.), that underlie and support portions of both the Grantor Walkway and the Grantee Walkway. The parties agree that in the event all or any portion of any of the Structural Members require maintenance, repair or replacement, Grantor shall complete such maintenance, repair and/or replacement work in a timely and workmanlike manner; provided that the parties shall share equally in the costs of any such repair. maintenance or replacement work. Following the completion of such maintenance, repair or replacement work, Grantor shall provide Grantee with an itemized invoice documenting the total cost of the maintenance, repair and/or replacement work. Within thirty (30) days of receipt thereof, Grantee shall pay Grantor one half of the invoiced amount. D. The foregoing shall not prevent Grantor from also maintaining portions of the Grantee Walkway, (other than the Structural Members) if Grantor elects to do so (but without any obligation of Grantor to do so). 7. Relocation of Easement Area. A. In addition to the reservations contained in Paragraph 2 above, Grantor shall have the right to permanently relocate the Easement Area from time to time in connection with a general improvement plan for the Grantor Property; provided that the new location of the Easement Area shall be no more than 10 feet from the location set forth in Exhibits B and C, and shall be sufficient to serve the Grantee for the same purposes and in the same manner as the location designated in this Easement; and provided further that the Grantor shall not close access to the Grantee Walkway until Grantor has opened a relocated Grantee Walkway. Grantor shall perform any such relocation at its sole cost and expense. Upon such permanent relocation, and at the request of Grantor, Grantor and Grantee shall amend this Easement to specify the new location of the Easement Area. B. Notwithstanding Grantor's right to relocate the Easement Area pursuant to Section 7(A) above, Grantee shall, throughout the duration of this Easement, make a diligent effort to relocate the Grantee Walkway to an alternative location on the property to the west, King County Parcel No. 072305-9001, which is currently owned by the Boeing Company (the "Boeing Property"). 5 8. Easements Run with the Land. The grant of the foregoing easement shall run with the land and inure to the benefit and be binding upon the successors and assigns of Grantee and Grantor, respectively, and shall bind the Grantor Property as the subservient tenement and benefit the Park as the dominant tenements, for so long as the Park remains open to the public. 9. Breach. In the event of any breach or threatened breach of this Easement by the Grantor or Grantee, the non -defaulting party shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach. 10. Risk of Damages. Any use of the Grantor Property, including the Easement Area, by Grantee, or its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents (the "Benefited Parties") shall be deemed to be at the risk of the person or entity using the same, and Grantor shall not be liable or responsible for any damage to property or injury to person or loss of life that may result to Grantee, and/or the Benefited Parties, or any other person, except to the extent caused by the gross negligence of the Grantor, or its agents or employees. Grantee and/or any of the Benefited Parties shall not commit waste or create or permit nuisances on the Easement Area. Grantee accepts the Easement Area in its present condition, "AS -IS," and Grantor shall have no duties to Grantee, except as provided in Sections 4 and 6(A) above, regarding the condition of the Easement Area or the Walkway. Notwithstanding the foregoing, this Section 10 shall not apply with regard to any defects) in the Easement Area existing prior to the date on which the Grantee assumes responsibility for maintaining and repairing the Grantee Walkway pursuant to Section 6 above, which are known to the Grantor, but not known to the Grantee and not disclosed by the Grantor to the Grantee. 11. Indemnification. Grantee hereby releases, indemnifies and promises to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee in the exercise of the rights granted herein and/or in connection with or arising from the use of the Easement Area; provided however this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Grantor, or its agents or employees. If a court of competent jurisdiction determines that this Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions in this Easement shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. 12. Insurance. Grantee and/or its contractors, employees and agents working on the Grantor Property or Easement Area shall maintain in full force and effect during the term of this Easement a policy of commercial general liability and property damage insurance 6 related to the Easement Area and the City's use or occupancy thereof in a form acceptable to Grantor and with a minimum limit of $5,000,000 per occurrence under which policy the Grantor is an additional insured. 13. Hazardous Materials. In no event shall the Grantee store, dispose, release, or discharge from, or otherwise use any "Hazardous Materials" or other wastes or substances on the Grantor Property or the Easement Area. "Hazardous Materials" means any (a) petroleum products or by-products; (b) all hazardous or toxic substances, wastes or materials or pollutants, including hazardous substances as defined by § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or the Washington State Model Toxic Control Act, RCW §70.105.010, as amended; and (e) any other chemical, pollutant or material which is regulated by any federal, state or local governmental agency or authority under any environmental laws. Notwithstanding the foregoing, Hazardous Materials shall not be defined to include fuel or lubricants necessary for the operation of Grantee's maintenance vehicles, inspection vehicles or maintenance equipment, provided that such materials are used in accordance with any and all applicable Hazardous Material laws, and are handled in a reasonably prudent manner. 14. Termination. A. In the event Grantor has not begun development of the Grantor Property consistent with the Master Plan (approved by the City July 18, 2000) within ten (10) years from the date of this Easement, all rights granted by this Easement shall automatically terminate and be of no further force and effect. Upon such termination, Grantor may record notice thereof without the joinder of the Grantee. B. In the event the City is able to secure an alternative location for the Grantee Walkway over the Boeing Property as contemplated by Section 7(B) above, Grantor may at any time following construction of the substitute walkway over the Boeing Property unilaterally execute and record a release of this Easement. By signing this Easement, the City authorizes the Grantor execute said release on the City's behalf. Grantor shall send a copy of such release to the City concurrent with recording. 15. General Provisions. 15.1 Notices. Any notice, request, approval, consent, or other communication required or permitted to be given by any party to any other hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or by overnight courier; or received following deposit as prepaid certified mail (return receipt requested) with the United States Postal Service; and addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. 7 GRANTOR: Southport One, LLC & Southport Four, LLC c/o Seco Development 1083 Lake Washington Blvd. North, Suite 50 Renton, Washington 98056 GRANTEE: City of Renton 1055 S. Grady Way Renton, Washington 98055 15.2 Attorneys' Fees. If any suit or other proceeding is instituted by any of the parties to this Easement arising out of or pertaining to this Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred from the substantially nonprevailing party, in addition to such other available relief. 15.3 Entire Agreement. This Easement, together with the easements recorded under King County AFNs 20051021000894, 20051021000895, and 20051021000996, and 20001117001232, constitute the entire agreement of the parties hereto with respect to the matters dealt with herein, and supersedes all prior correspondence, agreements and/or understandings, both verbal and written, not contained in this Agreement. This Easement shall not be modified unless done so in writing and signed by both parties. 15.4 _Governing Law. This Easement shall be governed by and construed in accordance with the laws of the state of Washington. 15.5 No Abandonment. Failure to act by either party under this Easement shall not constitute abandonment of the Easement. 15.6 Severability. The invalidity of any provision of this Easement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. IN WITNESS WHEREOF, this Easement is executed by the parties, intending to be legally bound, effective as of the date first written above. GRANTORS: SOUTHPORT ONE, LLC, a Washington limited liability company By: Seca Development, Inc., its manager By: Michael P. Christ, President 8 Date: SOUTHPORT FOUR, LLC, a Washington limited liability company By: Seco Development, Inc., its manager By: Michael P. Christ, President Date: GRANTEE: CITY OF RENTON, a Washington municipal corporation By: Name: Its: Date: STATE OF WASHINGTON I ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Michael P. Christ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of Seco Development, Inc., a Washington corporation, the Manager of SOUTHPORT ONE, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of (Signature of Notary) 9 2006. (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires 10 STATE OF WASHINGTON I ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Michael P. Christ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of Seco Development, Inc., a Washington corporation, the Manager of SOUTHPORT FOUR, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this STATE OF WASHINGTON ss. COUNTY OF KING day of (Signature of Notary) 1011191 (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of CITY OF RENTON, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 2006. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires 12 EXHIBIT A Legal description of Grantor Property Lots 1 and 4 of City of Renton Short Plat No. LUA-99-134-SHPL, recorded under AFN 20000131900006, records of King County, Washington. Situate in the Northwest Quadrant of Section 8 and the Southwest Quarter of Section 5, all in Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. 13 EXHIBIT B - LOT 1 \ TO EASEMENT AGREEMENT ` DOLPHIN (TYP.) S68'47 8 "W . Q� '�� WAsHrHGT SAKE 1.0' WIDE CORRUGATED IRON BULKHEAD C+l- Q N ? �c LOT 1 30 15 0 30 SCALE IN FEET GRANTEE 1" = 30' WALKWAY 1.0' WIDE CORRUGATED IRON BULKHEAD W' 6' CHAINLINK FENCE 0.8' S.W. OF PROP. LINE 1.0' WIDE CONC. WALL HOUSING WOOD GATE P.O.B. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON, LYING IN THE S.W. 1/4, SECTION 5 AND N.W. 1/4, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. BRH BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. E. (206) 323-4144 SEATTLE, WA 98102-3513 BRH JOB NO. 99036.13 5-4-06 GRANTOR WALKWAY LOT 4 N46"54'50"E 10.00, l0 -17-D& PEDESTRIAN WALKWAY EASEMENT SKETCH PREPARED FOR: SECO DEVELOPMENT, INC. SOUTHPORT PROJECT 3 SCALE D GRANTEE WALKWAY P.O.B. EXHIBIT B - LOT 4 TO EASEMENT AGREEMENT 1" - 30' S46°54'50"W 10.00, N43°07'33"W LOT 4 �-- 7.37' / N49°00'13"E S43°07'33"E 10.01, 7.00' BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. E. (206) 323-4144 SEATTLE, WA 98102-3513 BRH JOB NO. 99036.13 5-4-06 cl I SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON, LYING IN THE S.W. 1/4, SECTION 5 AND N.W. 1/4, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. 10-17�0& PEDESTRIAN WALKWAY EASEMENT SKETCH PREPARED FOR: SECO DEVELOPMENT, INC. SOUTHPORT PROJECT EXHIBIT C - LOT 1 TO EASEMENT AGREEMENT SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT DESCRIPTION LOT 1 THAT PORTION OF LOT 1, CITY OF RENTON SHORT PLAT NO. LUA-99-134- SHPL, RECORDED UNDER RECORDING NO. 20000131900006, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 4, SAID SHORT PLAT, THENCE NORTH 46054'50" EAST 10.00 FEET ALONG THE LINE COMMON TO SAID LOTS 1 AND 4 TO A LINE LYING PARALLEL WITH AND 10.00 FEET DISTANT FROM THE SOUTHWESTERLY LINE OF SAID LOT 1, AS MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 43007'33" WEST 188.32 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 68047'20" WEST 10.78 FEET TO SAID SOUTHWESTERLY LINE OF LOT 1; THENCE SOUTH 43007133" EAST 192.34 FEET ALONG SAID SOUTHWESTERLY LINE TO THE POINT OF BEGINNING, LOT 1 OF THE CITY OF RENTON SHORT PLAT NO. LUA-99-134-SHPL, AS RECORDED UNDER KING COUNTY RECORDING NO. 20000131900006, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE NORTHWEST QUARTER OF SECTION 8 AND THE SOUTHWEST QUARTER OF SECTION 5, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. S I{ �: s in7► SECO DEVELOPMENT, INC. SOUTHPORT WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 99036.13 MAY 4, 2006 REVISED OCTOBER 17, 2006 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT C-LOT 4 TO EASEMENT AGREEMENT SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT DESCRIPTION LOT 4 THAT PORTION OF LOT 4, CITY OF RENTON SHORT PLAT NO. LUA-99-134- SHPL, RECORDED UNDER RECORDING NO. 20000131900006, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 4, THENCE SOUTH 43007'33" EAST 7.00 FEET ALONG THE SOUTHWESTERLY LINE THEREOF; THENCE NORTH 49000'13" EAST 10.01 FEET TO A LINE LYING PARALLEL WITH AND 10.00 FEET DISTANT FROM THE SOUTHWESTERLY LINE OF SAID LOT 4, AS MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 4300713311 WEST 7.37 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE SOUTH 4605415011 WEST 10.00 FEET ALONG SAID NORTHWESTERLY LINE TO THE POINT OF BEGINNING; LOT 1 OF THE CITY OF RENTON SHORT PLAT NO. LUA-99-134-SHPL, AS RECORDED UNDER KING COUNTY RECORDING NO. 20000131900006, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE NORTHWEST QUARTER OF SECTION 8 AND THE SOUTHWEST QUARTER OF SECTION 5, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. SECO DEVELOPMENT, INC. SOUTHPORT WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 99036.13 MAY 4, 2006 REVISED OCTOBER 17, 2006 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT D SAM CHASTAIN WATERFRONT TRAIL EXTENSION m �(n, � Q =I c z di J z 0 r \rl = Z =o c) z. ¢W w O U CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: October 24, 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: Southport West Flume Decking LUA (file) Number: LUA-06-033, SM Cross -References: AKA's: i Project Manager: Jill Ding Acceptance Date: June 8, 2006 Applicant: Southport One LLC Owner: Same i Contact: Bill Stalzer - Stalzer & Associates PID Number: 0523059075 ERC Decision Date: J ERC Appeal Date: f Administrative Approval: July 21, 2006 0:1+iia4ca: rRM: wu c::ua. r,uyuaL L.,, e-vvv Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: ' By Whom: Council Decislow— Date: Mylar Recording Number: Project Description: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over r the westerly 10 feet of the flume cover for a public walkway connection that would be a part of the Sam Chastain trail connecting Gene Coulon Park with the Cedar River trail. The subject property is o located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shoreline En4ironment. Location: 1053 Lake Washington Blvd N Comments: I' u O PLANNINGBUILDING/ + 1A * PUBLIC WORKS DEPARTMENT ha LNIT M E M O R A N D U M DATE: August 17, 2006 TO: Leslie Betlach CC: Higashiyama, Terry FROM: Neil Watts AX- G SUBJECT: Southport Easement We are close to being able to record the easement over the flume for the future trail extension. Larry Warren has reviewed the easement language, and his comments are attached. As he notes, most of the easement conditions are the same as the other earlier agreements along the water adjacent to Southport. There is a new condition related to potential future maintenance costs for the structure supporting the dock and trail, which would agree to split costs equally between the City and SEGO for any future repairs. This seems like a fair arrangement, since both parties will have an interest in the structural support for their facilities. 1 am sending you copies for your review and comment. If you are OK with the easement language, we will proceed with getting final signatures and recording as soon as possible. hi . Kathy Keolket•, Mayor I.. 1 To: From: Date: Subject: CITY IF RENTON MEMORANDUM Neil Watts, Development Services Director Lawrence J. Warren, City Attorney OtBce of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanciia L. Funtes Assistant City Attorneys Ann S. Niclsctti Garmon Ncivsoni 11 Shawn E. Arthur July 24, 2006 Review of Documents for the Southport West Flume Project It scents we have casements over Lots 1, 2 and 4. This casement seems to be over the flume adjacent to Boeing. I have the following observations: 1. In Section 21), grantor could have a 24-hour blockage for special events. Is Parks in agreement? This limitation is in prior easements. 2. In Section 6A, the City is required to maintain its share of the walkway. On its face that appears reasonable. Does Parks have any concerns? This requirement is in prior easements. 3. Section 6B is titled Maintenance of Walkway's Structural Members. Do we know the present condition, i.e. is maintenance or repair imminent and would we normally expend these funds, for example, in initial construction? Only 6B appears to create a possible issue. If Parks is satisfied, then the easement is approved as to legal form. Lawrence J. Warren LJW:tmj cc: Jay Covington Jill Ding Gregg A. Zimmerman, PE Post Office Box 626 - Renton, Washington 98057 - (425) 1'55-8675 / FAX (425) 255-5474 This paper cor.talrs 50`rb recycled material, 30% post consumer -OPIVENT SERVICES . C.1T1r' OF RFNTON JUL 2 5 2006 RECEIVED RENTON AHEAD OF THE CURVE AFTER RECORDING RETURN TO: BUCK & GORDON, LLP�� 2025 First Ave., Suite 500 Seattle, WA 98121 Attn: Molly Lawrence SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT GRANTOR: SOUT14PORT ONE, LLC, a Washington limited liability company GRANTEE: CITY OF RENTON, a Washington municipal corporation LEGAL DESCRIPTION Lot 1 of City of Renton Short Plat No, LUA-99-134-SHPL, (Grantor Property): recorded under AFN 20000131900006 ASSESSORS' TAX PARCEL ID NO. (Grantor Property): 052305-9075 REFERENCE NO.: NIA THIS SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT ("Easement"), effective this day of 2006, is made by and between SOUTHPORT ONE, LLC, a Washington limited liability company ("Grantor"), and CITY OF RENTON, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of real property located in King County, Washington legally described on Exhibit A attached hereto (the "Grantor Property"). B. The Gene L. Coulon Memorial Beach Park, a municipal public park operated by Grantee, is located easterly of the Grantor Property (the "Park"). The Park contains a public trail, a portion of which is along the southern shoreline of Lake Washington (the "Trail"). Over the past several years, Grantor has granted several easements to Grantee to enable Grantee to extend the Trail from the Park over several properties owned by the Grantor in order to create a continuous public walkway/trail system along the southern shoreline of Lake Washington. 'Dose existing easements are recorded with King County under AFNs 20051021000894, 20051021000895, and.20051021000896, and 20001117001232. This Easement furthers that effort by granting Grantee an easement over another segment of the Grantor Property to continue the Trail. C. Grantor has agreed to grant an easement across that portion of the Grantor Property depicted on Exhibit B attached hereto and legally described in Exhibit C attached hereto (the "Easement Area") for the purpose of operating and maintaining a public walkway for pedestrian use subject to the terms and conditions set forth herein. AGREEMENT In furtherance of the Recitals set forth above, which are incorporated herein by reference, and in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. Grant of Easement. Grantor hereby conveys and quitclaims to Grantee a perpetual, non-exclusive easement over, across, and upon the Easement Area for the purpose of operating and maintaining a public walkway for pedestrian use. This Easement shall include the right to access by the Grantee (including its employees, agents and contractors) over the Easement Area as necessary for the Grantee to satisfy its maintenance and repair obligations as set forth in Section 6, including inspection at reasonable intervals. 2 PAActivelSEMSouthportlWest Flume 200641ed easement\Supp Ped Walkway Easement b60506_doc 50434898.04 2. Reservation of Rights. Grantor reserves the right to use the Easement Area in order to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property. This reservation shall include, but not be limited to, the right: (a) to maintain, inspect, repair, replace, and operate any utilities located now or in the future within the Easement Area; (b) to temporarily block or interrupt access to the Easement Area for maintenance and/or emergency vehicles; (c) to temporarily block or interrupt access to the Easement area to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property; and (d) to block access to the Easement Area for up to 24 consecutive hours, or longer with the prior written approval of Grantee, for special events on the Grantor Property, including, but not limited to, concerts, weddings, and conventions. The reservation set forth in subsection 2(d) above shall apply only until the City or a third party designated by the City completes construction of the Sam Chastain Waterfront Trail extension trail between point A and point B as shown on Exhibit D hereto, and only so long as such trail remains open to the public and is maintained in a good and functional condition. Grantor further reserves the right to use the Easement Area for any other purposes not inconsistent with the easement rights granted in Section 1, provided that such other uses do not unreasonably interfere with Grantee's use of the Easement Area. 3. Limitations on Easement. The easement rights granted in Section 1 above are further limited as follows: A. The easement rights granted herein may be exercised only during those hours when the Park is open to the public, as may be modified from time to time. B. The easement rights granted herein are limited to pedestrian connectivity only. Such rights do not include any rights of assembly, speech, demonstration, or petition, and do not authorize exhibiting any placard, signs or notices, distributing any circular, handbill, placard, or booklet, soliciting membership or contributions, parading, picketing or loitering. C. The easement rights granted herein do not include the right to ingest, sell or distribute alcohol within the Easement Area. D. Except as provided in Paragraph 6 below, Grantee shall not have the right to make any temporary or permanent improvements, including installing landscaping, benches, signage, or other structures, within the Easement Area without the prior written consent of the Grantor. 4. Improvement of Easement Area. Grantor shall construct a pedestrian walkway within the Easement Area (the "Walkway"). This Walkway shall also function as a cover for the west flume, which is described in the Southport Planned Action Environmental Impact Statement (DSEIS pp. 2-9 and 2-21), and shall extend outside of the Easement Area onto the Grantor Property. For the purposes of this Easement, the portion of the Walkway located in 3 P:Wtiv0SEMSouthport%West Fiume 2006Tcd easement\Supp Ped Walkway Easement 060506.doc 50434898.04 the Easement Area shall be known as the "Grantee Walkway," and the portion of the pedestrian walkway located outside of the Easement Area on the Grantor Property shall be known as the "Grantor Walkway." 5. Restrictions on Easement Area Improvements. The parties agree. that any improvements to the Easement Area shall be designed to be consistent with Grantor's use of the remainder of the Grantor Property and any other properties owned by the Grantor or its affiliates abutting the Grantor Property. 6. Maintenance of Walkway. A. Maintenance of Grantee Walk wa . Following Grantor's construction of the Walkway pursuant to Section 4, Grantee shall accept the Grantee Walkway and shall assume responsibility, at its sole cost and expense, for maintaining and repairing the Grantee Walkway. This responsibility shall also include the obligation to replace the Grantee Walkway, as needed; provided that, Grantee shall submit its schematic plans and construction details for any proposed replacement of all or any portion of the Grantee Walkway to Grantor at least sixty (60) days before commencing construction, and Grantee must obtain Grantor's prior written consent to any such plans and details before commencing construction. Grantee's maintenance, repair and replacement obligations shall be performed consistent with the following conditions and restrictions: i. The Grantee shall maintain the Grantee Walkway to a level consistent with the quality of other improvements on the Grantor Property, but in no event shall that level fall below the standards for other pedestrian walkways maintained by Grantee along the Lake Washington shoreline and/or other parks owned or managed by Grantee. ii. Grantee shall perform all maintenance, repair and/or replacement work in a careful, workmanlike manner, free of claims or liens. iii. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably interfere with the use and enjoyment of the remainder of the Grantor Property. iv. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably block pedestrian or vehicular access to, from, and/or across the Easement Area by the Grantor, its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents. V. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to block any views from the Grantor Property of Lake Washington without first obtaining the prior written consent of the Grantor. 4 PAActiv6SEMSouthport%West Flume 2006Ted easemenMupp Ped Walkway Easement 060506.doc 50434899.04 vi. Grantee shall perform all maintenance, repair and/or replacement work in a prompt and timely manner. Once Grantee has initiated any maintenance, repair and/or replacement work in the Easement Area, Grantee shall continue such work through completion without any unreasonable delay. B. Maintenance of Walkwa 's Structural Members. Notwithstanding the foregoing, the parties acknowledge that there are several structural members, (e.g., corrugated iron bulkheads, I -beams, concrete wall, etc.), that underlie and support both the Grantor Walkway and the Grantee Walkway. The parties agree that in the event all or any portion of any of the Structural Members require maintenance, repair or replacement, Grantor shall complete such maintenance, repair and/or replacement work in a timely and workmanlike manner; provided that the parties shall share equally in the costs of any such repair, maintenance or replacement work. Following the completion of such maintenance, repair or replacement work, Grantor shall provide Grantee with an itemized invoice documenting the total cost of the maintenance, repair and/or replacement work. Within thirty (30) days of receipt thereof, Grantee shall pay Grantor one half of the invoiced amount. C. The foregoing shall not prevent Grantor from also maintaining portions of the Grantee Walkway, (other than the Structural Members) if Grantor elects to do so (but without any obligation of Grantor to do so). 7. Relocation of Easement Area. In addition to the reservations contained in Paragraph 2 above, Grantor shall have the right to permanently relocate the Easement Area from time to time in connection with a general improvement plan for the Grantor Property; provided that the new location of the Easement Area shall be no more than 10 feet from the location set forth in Exhibits B and C, and shall be sufficient to serve the Grantee for the same purposes and in the same manner as the location designated in this Easement; and provided further that the Grantor shall not close access to the Grantee Walkway until Grantor has opened a relocated Grantee Walkway. Grantor shall perform any such relocation at its sole cost and expense. Upon such permanent relocation, and at the request of Grantor, Grantor and Grantee shall amend this Easement to specify the new location of the Easement Area. 8. Easements Run with the Land. The grant of the foregoing easement shall run with the land and inure to the benefit and be binding upon the successors and assigns of Grantee and Grantor, respectively, and shall bind the Grantor Property as the subservient tenement and benefit the Park as the dominant tenements, for so long as the Park remains open to the public. 9. Breach. In the event of any breach or threatened breach of this Easement by the Grantor or Grantee, the non -defaulting party shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach. 5 PAActiv6SEMSouthportlWest Fiume 20061Ped easementlSupp Ped Walkway Easement 060506.doc 50434a9304 10. Risk of Damages. Any use of the Grantor Property, including the Easement Area, by Grantee, or its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents (the "Benefited Parties") shall be deemed to be at the risk of the person or entity using the same, and Grantor shall not be liable or responsible for any damage to property or injury to person or loss of life that may result to Grantee, and/or the Benefited Parties, or any other person, except to the extent caused by the gross negligence of the Grantor, or its agents or employees. Grantee and/or any of the Benefited Parties shall not commit waste or create or permit nuisances on the Easement Area. Grantee accepts the Easement Area in its present condition, "AS -IS," and Grantor shall have no duties to Grantee, except as provided in Sections 4 and 6 above, regarding the condition of the Easement Area. Notwithstanding the foregoing, this Section 10 shall not apply with regard to any defects) in the Easement Area existing prior to the date on which the Grantee assumes responsibility for maintaining and repairing the Grantee Walkway pursuant to Section 6 above, which are known to the Grantor, but not known to the Grantee and not disclosed by the Grantor to the Grantee. 1 l . Indemnification. Grantee hereby releases, indemnifies and promises to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee in the exercise of the rights granted herein and/or in connection with or arising from the use of the Easement Area; provided however this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Grantor, or its agents or employees. If a court of competent jurisdiction determines that this Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions in this Easement shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. 12. Insurance. Grantee and/or its contractors, employees and agents working on the Grantor Property or Easement Area shall maintain in full force and effect during the term of this Easement a policy of commercial general liability and property damage insurance related to the Easement Area and the City's use or occupancy thereof in a form acceptable to Grantor and with a minimum limit of $5,000,000 per occurrence under which policy the Grantor is an additional insured. 13. Hazardous Materials. In no event shall the Grantee store, dispose, release, or discharge from, or otherwise use any "Hazardous Materials" or other wastes or substances on the Grantor Property or the Easement Area. "Hazardous Materials" means any (a) petroleum products or by-products; (b) all hazardous or toxic substances, wastes or materials or pollutants, including hazardous substances as defined by § 101(14) of the Comprehensive 6 PAActive\SECOISouthpod\West Fiume 20061Ped easementlSupp Ped Walkway Easement 060506.doe 50434898.N Environmental Response, Compensation and Liability Act of 1980, as amended, and/or the Washington State Model Toxic Control Act, RCW §70.105.010, as amended; and (c) any other chemical, pollutant or material which is regulated by any federal, state or local governmental agency or authority under any environmental laws. Notwithstanding the foregoing, Hazardous Materials shall not be defined to include fuel or lubricants necessary for the operation of Grantee's maintenance vehicles, inspection vehicles or maintenance equipment, provided that such materials are used in accordance with any and all applicable Hazardous Material laws, and are handled in a reasonably prudent manner. 14. Termination. In the event Grantor has not begun development of the Grantor Property consistent with the Master Plan (approved by the City July 18, 2000) within ten (10) years from the date of this Easement, all rights granted by this Easement shall automatically terminate and be of no further force and effect. Upon such termination, Grantor may record notice thereof without the joinder of the Grantee. 15. General Provisions. 15.1 Notices. Any notice, request, approval, consent, or other communication required or permitted to be given by any party to any other hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or by overnight courier; or received following deposit as prepaid certified mail (return receipt requested) with the United States Postal Service; and addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. GRANTOR: c/o Southport One, LLC 1083 Lake Washington Blvd. North, Suite 50 Renton, Washington 98056 GRANTEE: City of Renton 1055 S. Grady Way Renton, Washington 98055 15.2 Attorneys' Fees. If any suit or other proceeding is instituted by any of the parties to this Easement arising out of or pertaining to this Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred from the substantially nonprevailing party, in addition to such other available relief. 15.3 Entire Agreement. This Easement, together with the easements recorded under King County AFNs 20051021000894, 20051021000895, and 20051021000896, and 20001117001232, constitute the entire agreement of the parties hereto with respect to the matters dealt with herein, and supersedes all prior correspondence, 7 P_LActive\5EColsouthportlwest Flume 2006Ted easementlsupp Ped Walkway Easement 060506.doc 504349".04 agreements and/or understandings, both verbal and written, not contained in this Agreement. This Easement shall not be modified unless done so in writing and signed by both parties. 15.4 Goveminp, Law. This Easement shall be governed by and construed in accordance with the laws of the state of Washington. 15.5 No Abandonment. Failure to act by either party under this Easement shall not constitute abandonment of the Easement. 15.6 Severability. The invalidity of any provision of this Easement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. IN WITNESS WHEREOF, this Easement is executed by the parties, intending to be legally bound, effective as of the date first written above. GRANTOR: SOUTHPORT ONE, LLC, a Washington limited liability company By: Seca Development, Inc., its manager Michael P. Christ, President STATE OF WASHINGTON ss. COUNTY OF KING CITY OF RENTON, a Washington municipal corporation By: Name: Its: I certify that I know or have satisfactory evidence that Michael P. Christ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of Seco Development, Inc., a Washington corporation, the Manager of SOUTHPORT ONE, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of ^ _ , 2006. 8 P:\Activ6SEMSouthport\West Flume 20061Ped easemennSupp Fed Walkway Easement 060506.doc 50414999 04 (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires 9 P_1Active\SEC0Southport\West Fiume 20061Ped easementlSupp Ped Walkway Easement 060506.doe 50434898 04 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of CITY OF RENTON, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of (Signature of Notary) 2006. (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires 10 PAActive\SEMSouthport\West Flume 20061Ped easement\Supp Ped Walt. -way Easement 060506_d% 50434998_04 EXHIBIT A Legal description of Grantor Property Lots 1 and 4 of City of Renton Short fiat No. LUA-99-134-SHPL, recorded under AFN 20000131900006 11 PAActiv6SECUSouthportMcst Flume 20061Ped easementlSupp Ped Walkway Easement W506.doc 504W98.04 EXHIBIT B Insert plan depicting easement area 12 P:1ActivOSECMouthpo&West Flume 20061Pcd casement\Supp Ped Walkway Easement 060506.doc 50434898,04 EXHIBIT C Insert legal description of the easement area 13 PAActivelSECOISouthpor(\West Plume 2006Ted easementlSupp Ped Walkway Easement 060506.doc 50434898.04 Insert plan showing points A and B of the Sam Chastain Waterfront Trail extension. 14 PAActivelSEMSouthport\West Flume 2006Ted easement\Supp Ped Walkway Easement 060506.doe 50434898.04 EXHIBIT D TO EASEMENT AGREEMENT N LAKE WASHINGTON TRAIL AND CITy.OF-RE-NTON BOEING PLANT HABITAT ENHAN Point A mseueuee logo" City(,. .enton Department of Planning / Building / Pu . Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUN 006 APPLICANT: Southport One LLC PROJECT MANAGE V Jill Din PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Ja Illian SITE AREA: 4,284 square feet BUILDING AREA ross : NIA c LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO: 77567 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmentat Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li hUGlare Recreation Utilities Transpartation Public Services HistorklCutturai Preservation Airport Environment 10, 000 Feet 14, 000 Feet 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 informa ' is needed to properly assess this ,proposal. 11KM Signature of Director or Authonied Representative ' Date . j AUG `A STATE iO '0,/A SHINGTON Ric r� t7/rw. DEPART� INN I OF ECOLOGY " , Northwest Regional Office o 3190 160th ,lviceoue 51- - 1 ellevue, Washington 98008-5452 ® (425) 649-7000 August 3, 2006 Michael Christ Southport One, LLC 1083 Lake Washington Blvd. N, Suite 50 Renton, WA 98056 Dear Mr. Christ: Ike: City of Renton Shoreline Substantial Development Permit # LUA-06-033,SM SOUTHPORT ONE, LLC - Owner/Applicant; Michael Christ, Agent Ecology Substantial Development Permit # 2006- NW- 50070 1 Purpose of this letter: This letter is to inform you that on July 24, 2006 the Department of Ecology received notice that the City of Renton approved your application for a shoreline substantial development permit to construct decking above an exposed water discharge tunnel (flume) located along the western property line to accommodate a public walkway within the Urban Shoreline Environment of Lake Washington. What happens next? The Shoreline Management Act (Revised Code of Washington 90.58.140) requires that you wait at least twenty-one (21) days from the date Ecology received this decision from the City of Renton before you begin the specific activities authorized by this permit. Therefore, you cannot lawfully begin those activities until August 15, 2006. The waiting period is to allow anyone disagreeing with any aspect of your permit to appeal to the state Shorelines Hearings Board. If anyone does appeal your permit, you must wait until the appeal is over before you start work. The Shorelines Hearings Board will notify you by letter if they receive an appeal. To be sure that the Shorelines Hearings Board has not received an appeal, we advise you to call them at (360) 459-6327 before you begin work. Other federal, state and local permits may be required in addition to this shoreline permit. If you have any questions about this letter, please contact me at 425-649-4260. Sincerely, Sa'_V_ Sandra Lange, Shoreline Planner Shorelands and Environmental Assistance Program SL:cja cc: Jill Ding, City of Renton Of Y +� + �y Kathy Keolker, Mayor July 21, 2006 State Department of Ecology Northwest Regional Office 3190 160th Ave. SE Bellevue, WA 98008-5452 CIT" OF RENTON PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: Shoreline Management Substantial Development Permit for File No. LUA-06-033, SM Dear Sir or Madam: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on July 21, 2006. The proposed project was determined to be exempt from SEPA. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and contact me at (425) 430-7219 if you have any questions or need additional information. Sincerely, Jill K. Ding Project Manager Enclosures: Administrative Decision Legal Description Copy of Master Application Project Description Neighborhood Detail Map, Existing Conditions, Proposed Decking, Construction Detail, Zoning Map Notice of Application cc; Office of Attorney General Applicant/Owner 1055 South Grady Way - Renton, Washington 98055 MThia nan.r mntainc rar IP4i matarial nn%nrc mnci imP RENTON AHEAD OF THE CURVE CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT �_- SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT r�Cug APPLICATION NO.: LUA-06-033, SM DATE RECEIVED: March 23, 2006 i DATE OF PUBLIC NOTICE: June 8, 2006 DATE APPROVED: July 21, 2006----"�� TYPE OF ACTION(S): [ X ] Substantial Development Permit [ j Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit. This action was taken on the following application: APPLICANT: Southport One, LLC PROJECT: DEVELOPMENT DESCRIPTION: Southport West Flume Decking The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be a part of the Sam Chastain trail connecting Gene Coulon Park with the Cedar River trail. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shoreline Environment. LEGAL DESCRIPTION: See attached SEC-TWNP-R: 8-23N-5E WITHIN SHORELINES OF: Lake Washington APPLICABLE MASTER PROGRAM: City of Renton The following section/page of the Master Program is applicable to the development: Section Description Page 4-3-090.J Urban Environment page 3-25 4-3-090.K General Use Regulations for All Shoreline page 3-26 Uses 4-3-0901 Specific Use Regulations — Trails page 3-37 Development of this project shall be undertaken pursuant to the following terms and conditions: The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application and modifications submitted to the City. 2. An easement to the City of Renton over the proposed trail shall be recorded prior to the issuance of a building permit. LUA06-033shoreiina. doc ;[E CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: DATE APPROVED: TYPE OF ACTION(S): LUA-06-033, SM March 23, 2006 June 8, 2006 July 21, 2006 [ X ] Substantial Development Permit [ ] Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit. This action was taken on the following application. - APPLICANT: PROJECT: Southport One, LLC Southport West Flume Decking DEVELOPMENT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway_ The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be a part of the Sam Chastain trail connecting Gene Coulon Park with the Cedar River trail. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shoreline Environment. LEGAL DESCRIPTION: See attached SEC-TW NP-R: 8-23N-5E WITHIN SHORELINES OF: Lake Washington APPLICABLE MASTER PROGRAM: City of Renton The following section/page of the Master Program is applicable to the development: Section Description Page 4-3-090.J Urban Environment page 3-25 4-3-090.K General Use Regulations for All Shoreline page 3-26 Uses 4-3-090,L Specific Use Regulations — Trails page 3-37 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application and modifications submitted to the City. 2. An easement to the City of Renton over the proposed trail shall be recorded prior to the issuance of a building permit. L UA 06-033shorefine. doc City of Renton P/BIPW Departmen Shoreline Substantial De vefopment Permit Southport West Flume Decking Page 2 of 2 This permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. A construction permit shall not be issued until twenty-one (21) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this twenty-one (21) day review period have been completed. G vC� 1( Gregg Zimmerman, Administrator Planning ! Building / Public Works Administrator cc: Attorney General's Office Applicant / Owners Yellow File L UA 06-033shoreline. doc Date Form WA-5 (6/76) File No.: NC5-217788-WA1 Commitment Page No. 2 i {JP{�►Yi P OF R�N7pI MAR 2 3 2006 €XHIBIT'A' HECEIVED LEGAL DESCRIPTION: Parcel A: Lot 1 of City of Renton Short Plat No. LUA-99-134-SHPL, according to the Short Plat recorded January 31, 2000 under Recording No. 20000131900006. Situate in the City of Renton, County of King, State of Washington. Parcel B: Easements for Ingress, Egress and Railroad Crossings as established in Recording Nos. 6201855, 6317510, 9902019014,2000013190006 and 20001117000535. First Am. er1can Ttle Insurance Company City at Renton �jc-v�co,, F7} QPR��O�1AV 1% LAND USE PERMIT MAR,3 2Q06 MASTER APPLICATION;?EcElveo PROPERTY OWNER(S) NAME: Southporti C ADDRESS: 1083 Lake Washington Bird. N, Suite 50 CITY: Benton ZIP: 98056 TELEPHONE NUMBER: 425-282-5833 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON NAME: Bill Stalzer COMPANY (if applicable): Stalzer and Associates ADDRESS: 603 Stewart Street Suite 419 CITY: Seattle ZIP:98101 TELEPHONE NUMBER AND E-MAIL ADDRESS: 206-264-1150; bstaizer@seanet.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Southport West Flume Decking PROJECTIADDRESS(S)/LOCATION AND ZIP CODE: Lot 'I of Renton Short Plat LUA-99-124-SHPL 1053 Lake Washington Boulevard KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0523059075(Lott) EXISTING LAND USE(S): gravel parking and open space; temporary outdoor events use and Waterways Cruises PROPOSED LAND USE(S). uplands maintenance to install wood decking over currently exposed drainage pipe and provide public trail system easement EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Urban Center- North PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): No Change EXISTING ZONING: UC-N2 PROPOSED ZONING (if applicable): No Change SITE AREA (in square feet): approximately 3,000 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: n/a SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: n/a PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): No change NUMBER OF PROPOSED LOTS (if applicable): No change 03123/06 OJECT INFORMATION Icon NUMBER OF NEW DWELLING UNITS (if applicable): n/a NUMBER OF EXISTING DWELLING UNITS (if applicable): n/a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable). n/a SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): rda NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): n/a NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): n/a PROJECT VALUE: $25,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES ❑ UPLAND TO SHORELINE: 4,284 sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY i (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 08, TOWNSHIP 23 , RANGE 08, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. See attached title report. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Shoreline Substantial Development Permit 3. 2. 4. Staff: will calculate applicable fees and postage: $. I AFFIDAVIT OF OWNERSHIP I I, (Print Name/s) Michael Christ, declare that I am (please check one) _)c_ the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. certify that I know or have satisfactory evidence that._Michael Christ signed this 2 instrument and acknowledged it to be his/her/their free and voluntary act for the uses and ddl purposes mentioned in the instrument. (Signature of Owner/Repre n A((�{jam �..7 �111Flfllf (Signature of Owner/Representative) Notary Public in and for the State of Washington Notary (Print)01 1 ✓ 1 0- soyc " e-v" My appointment expires:_ 1 2- f 11 10 ,,•• % ",jrl�•S oq�Cti p D,$sloF �ti, te'. - :v �OTARy9fi; m: 9i�• FO y ,'f+ffl1f14ti��ti, 2 03/23I06 rl ��yy 11> MAR 3 2006 Southport West Flume Decking Project Narrative The project proposal is to place decking over an existing exposed abandoned water discharge flume in order to accommodate a public walkway easement in the upland area of the west shoreline of the Southport project. The proposed area is located in the northwest area of Lot 1 in an upland area adjacent to Lake Washington and is approximately 4,284 square feet in size. Lot 1 is zoned UC-N2. The proposed work includes upland areas only and would not involve any work over or in Lake Washington. No fill, excavation, grading or utility work is proposed as part of the project. A public walkway easement will be placed over the westerly ten feet of the decking area for the purpose of connecting the public walkway that has been established along the northern shoreline of the Southport property to the future trail system to the west. This easement is an important link in the Sam Chastain trail envisioned by the City to connect Gene Coulon Park with the trail along the Cedar River. The decking would be placed over the existing steel beams of the exposed drainage channel, thereby eliminating a potentially serious safety hazard. The water discharge channel itself, which currently collects storm runoff from properties to the south, would remain unimpeded by the work. The estimated construction cost is $25,000 and the work area is located upland of the ordinary high water mark of Lake Washington. All construction staging will take place on the Southport property to the south of the flume. The existing shoreline in this location consists of steel sheet piles. The only adjacent use is the Boeing airplane plant and related outdoor areas to the west. A Final Environmental Impact Statement was completed for the Southport Planned Action on September 9, 1999. The west water discharge tunnel was discussed thoroughly in the EIS. This application adopts those documents by reference. No additional SEPA analyses or mitigations are required. March 22, 2006 CL co Anl w E L Q .F..r O cn Ashley Shoreline Design c� Pennitting 164U NE IOM Place Bellevue,Weshington 9SOM3707 Phone: (425)957-9381 DRAWING BY: Gregory W. Ashley Pr•prle�rri•lmm.H••.Tkk.tlnwlqgeoahaturggndtoehla•dltrprltGcpolaf�mrUq• whdIut otr•Ientt.ctta10 �e tlnwJloAl.lJ.lec ors. Ag egrylup, Acelosutc, a tllm�mkaedgq tf tklt e•[oglq#'Id•q kt pttYea•d. e-mail.greB@shoretine.permitti.rom tsnahecgpyrrkr36na ,4f(&y$dorrru:rmr�eaC*na'tt6g P/ L Inner Horbor Line _ Z.._.._.. t146 52'27"E 5Q7.64' P/L r_.._..�.._.._ ._ ._.._.._ _.._.._.._.._.._.._.._.._.._.. i i 2(4' i i I Existing pier to romaln f lalinq I —Booms over Flume ( be covered to create walkway) i ,...,......•�.�Ld� IFASHIIVCTON I Existing piles Existing pier section. o Existing piles es Existing pikae . 1 c 7''"6' .--.-^.-�'c.• I� . / 1 . . . . . . . . . . . , i Existing conc. tunel entrance Exletlnq shoat pile and ecology block bulkhead to remain .f ; (A trl L4 I I o I I W vl Im icn LQ i 0 16 51 46 64 WATERFRONT PROJECT FOR: SECODerelopment LOCATION: Lakewashington PROJECTDESCRIPT10M Cover existing flumetocrmtewalkway. 1063 Lake Washington Hlvci N LAT 47° 35' 14" North LONG: it IT 08" West PAGE: 1 of 3 Renton, WA 96086 LENGTH FROM 0H W, I: 204' 3Q. FT.: 4,2M DAT& 3a0/06 k� Mrii t,�3 r,Tji� N i! CZ? — f G) 15412NE4215ft)95?7[A9A3:'8 DRAWING BY: GregoryW.Ashley Bellev, Washington 98998-3797 110"l lonrpuaod. Tha drawist-Rtalus csnddwthl—d(*r prhjMjptkf =qft .AshleyShoreline Design c� Termitting Phone1 * kis tmr dt.M by tP.lik lkcwd meHd*j**. AMYeapyly, dWlssws, w dkspolatloa nr udr camtnrtlntlnY , e-mail: greg@shoreline-permltting.com AenralgwCcpy.rtijM• Rrl+frySFnnGnrQir,4gneyQ4nnRt+{g P/L Inner Harbor Line --7 N46'52'27"E 8O7,64' 2d ' h' " Existing pier wwf I Prap'l*ad walkway ^^ �dSFllNCTON Exleting pees � M uMwM Z7.E5 ' ®r Existing pier sdetlon. l Existing piles sheet pile and ecology block bulkhead to remain VATHRFRONTPROJECT FOR: SECODevelopmeat =LAT47* washingtan OJ CT DESCRIPTION: Cover existing flume to create walkway. 1983 Lake Wsebiogtoa Blvd. N North West'AGE: 2 of 3 Renton, WA 98056 HWM: 204' SQ. FT. z 4,284 DATE: 3/10/O6 P/L I I �i in a 0 � o� -rem to ca In-1 ��„ Mp��¢ In M .. i 16412 NE 10th Place DRAWING BY: Gregory W. Ae6lay 'Ashley Bellevue, Washington 98008.3707 Pr.ataorrl.rorm,Un. TYY dn.faQea.dlneoM4.lYlfndlrprlrtleeedlaf rmatlsp ,SfioreCne 1 e,sign c errnitt rt� Phone:(425)957-9391 wekee�a�..e�a�twerm.aWeck,.pamm:e .w.,.n4.wwt.ari�,ex.:a,.., et E1�semla.U.. a[ tYh a.mm..l�eo. B y,aYlYnta e.mall: greg@ehoreline•permitting.com seo..y.,c,vntsYioaa ArkkyshonCw�tn.��ennuting (TYP. UETAIL) I— C C4 ELEVATI UN) OHWM 21.85' WATER DEPTH 13' --I 1. ALL SHEETPILINGS ARE EXISTING. 2. SHEETPILINGS ARE 12" TYPICAL 3. ALL. 1-BEAMS ARE EXISTING. 4. I -BEAMS ARE 6 1/2" X 8" STEEL, 5. I -BEAMS ARE MAXIMUM 12' O.C. 5. STRINGERS TO BE MAXIMUM 5' O.C. 7. STRINGERS TO BE ATTACHED TO CAPS WITH 25" X 1/2" GALV. CARRIAGE BOLTS 8. DECKING ATTACHED TO STRINGERS WITH H,D. GALV. SPIKES NOTES: ALL SHEETPILINGS ARE NON -TREATED STEEL ALL I --BEAMS ARE NON -TREATED STEEL STRINGER MATERIAL TO BE DOUGLAS FIR f 2 OR BETTER -- ACZA TREATED TO .40 OR REFUSAL DECKING TO BE DOUGLAS FIR -- ACZA TREATED TO .40 OR REFUSAL ALL HARDWARE TO BE HOT DIPPED GALVANNIZED 4 x 12 DECKING 4 x 12 DECKING CARRIAGE SOLT I 4 x 12 STRINGERS — , - 4 x 12 STRINGERS 6 1/2 x 8 I --BEAM .\ 3 12.-C =CHANNEL C*Px 12 BULLNOSE y� _- 4 x 12 BLOCKING 6 1/2 x 8 I -BEAM i _ i-3 X 12 C-CHANNEL CAP ♦ 4 x 12 BULLNOSE- 4 x 12 VERTICAL/ `� SHEETPILES SHEETPILE STRIP RUB 2' O.C. 4 x 12 RUB RAIL-- { (2' O.C.) (TYP. SECTION) END SECTION VATERFRONT PROJECT FOR: SECO Development LO ATIOM Lakawashinron over ex [sting flume to create walkway. 1083 Lake Washington Blvd. N LAT. 470 39 14" North LONGi 12' 17' 08" West. AGE: 3 of 3 Renton, WA 98056 LENGTH FROM OHWM: 204' 6 , FT.: DAM- 3110106 0 rn .)m m o ;:a Os r• j n rn w m l cw ZONING - - - - R-ut.0 city umli$ 1 tAaoo D4 8 M5 7 , Y + 4 + 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 NAMEINUMBER: Southport West Flume Decking / LUA06-033, SM PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment, PROJECT LOCATION: 1053 Lake Washington Blvd N PUBLIC APPROVALS: Shoreline Substantial Development Permit APPLICANTIPROJECT CONTACT PERSON: Bill Stalzer, Stalzer and Associates; Tel: (206) 264-1150; Eml bstalzer@seanet.com Comments on the above application must be submitted in writing to Jill Ding, Senior Planner, Development Services Division, 1065 South Grady Way, Renton, WA 98055, by 5:00 PM on June 22, 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: March 23, 2006 NOTICE OF COMPLETE APPLICATION: June 8, 2006 DATE OF NOTICE OF APPLICATION: Juno 8, 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 1 No__ Southport West Flume Decking 1 LUA06-033, SM NAME: MAILING ADDRESS: TELEPHONE NO.: y Kathy Keolker, Mayor July 19, 2006 Bill Stalzer Stalzer and Associates 603 Steward Street ste 419 Seattle, WA 98101 SUBJECT: Soutport West Flume Decking Project No. LUA-06-033, SM Dear Mr. Stalzer: CITY :)F RENTON PlanningBuildingTublicWorks Department Gregg Zimmerman P.E., Administrator The City of Renton has completed the initial review of the Southport Pedestrian Walkway Easement required for the approval of the Southport West Flume Decking. The following changes will be necessary in order for the City to approve your proposal: 1. See attached comment memo from Karen McFarland, Property Services dated July 19, 2006. Once the above changes have been made, please submit four copies of the revised easement language to me at the sixth floor counter of City Hall. The revised easement language will be routed for final review and you will be notified if additional information is required. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7219. Sincerely, Jill K. Ding Senior Planner Enclosure cc: Southport One, LI_C, ownerlapplicant Yellow file 1055 South Grady Way - Renton, Washington 98055 G) This paper contains5G°/ recycled mateAal,30%post consumer RENTON AHEAD OF THE CURVE PLANNING/BUILDING/ + - PUBLIC WORKS DEPARTMENT \�.TFVO MEMORANDUM DATE: July 19, 2006 TO: Jill Ding FROM: Karen McFarland (x7209) SUBJECT: SOUTHPORT PEDESTRIAN WALKWAY EASEMENT Technical Services staff have reviewed the legal descriptions on the above referenced document and have the following set of comments: EXHIBIT A: • We ask that the following indexing information be included at the end of the full legal description: "Lot 1 of the City of Renton Short Plat No. LUA-99-134-SHPL, as recorded under King County: Recording No. 20000131900006, records of King County, Washington. Situate in the Northwest Quarter of Section S and the Southwest Quarter of Section S, all in Township 23 North, Range S East, W.M., in the City of Renton, King County. Washington." EXHIB1Ts B AND C: • 'These exhibits were not provided and thus could not be reviewed. When these exhibits have been submitted, please provide them to Technical Services staff for review. paal 1_reviews`dg]descreviewslsouthport0706_j d. Bloc q)._036 9 PLANNING/BUILDING/ * H + PUBLIC WORKS DEPARTMENT \�.r4 MEMORANDUM DATE: July 19, 2006 TO: Larry Warren, City Attorney FROM: Neil Watts, Development Service Director STAFF CONTACT: Jill Ding, Senior Planner (ext. 7219) SUBJECT: Review of Documents for the Southport West Flume Project Attached please find documents that the City of Renton plans to use in order to acquire an easement for the Sam Chastain trail across the Southport property. For your review, staff has attached the documents that have been sent for the City's review. Please review the attached documents as to legal form and let us ]snow if they would be acceptable for use by the City. h; Idi vision.sldevelop.serldev&plan. inglj kd4arren_southport. doc City _ , enton Department of Planning / Building / P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r �Li% COMMENTS DUE: .TUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNE 8, 2006 RECEIVED APPLICANT: Southport One LLC PROJECT MANAGER: Jill Din PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian; SITE AREA: 4,284 square feet BUILDING AREA (gross): NIA CITY OF RENTON LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO: 77567 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. A_ ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants LandlShoreilne Use Animals Environmental Health Energyl — Natural Resources B. POLICY -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housi Aesthetics Li NlGlare Recreation utilities TranspWation Public Services Hislonc/Cultural Preservation Airport Environment 10, 000 Feet 14,000 Feel C. CODE -RELATED COMMENTS i 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,whero additional in(Qr ation is edgd to prope y assess this proposal. a �JZ ��2cv _ Signature of Director nr Authorized Representative Date City enton Department of Punning / Building / P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: l COMMENTS DUE: .TUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNE 8, 2006 APPLICANT: Southport One LLC PROJECT MANAGER: Jill Din PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian SITE AREA: 4,284 square feet BUILDING AREA rosy): N/A LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO: 77567 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the urban Shorline Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Hlstonc/Cultural Preservation Airport Environment 10,000 Feet 14.000 Feet B. POLICY -RELATED COMMENTS 0 O }C M C i 0 ro" Y� C. CODE -RELATED COMMENTS Cj (n We have reviewed this application with parlicular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information needed to properly assess this proposal. Signature of Director or Authnrized Representative Doe City . enton Department of Planning / Building / Pu . _ Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 0 04-\ j COMMENTS DUE: JUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNE 8, 2006 APPLICANT: Southport One LLC PROJECT MANAGER: Jill Din PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian SITE AREA: 4,284 square feet BUILDING AREA (gross): NIA KE C E IV E D LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO: 77567 JUN 13 ?Qffi SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permi�,U. c�k/ing_above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a p fk{ vwjkoposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shoriine Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS w Element of the Environment Probable Minor Impacts Probable Ma/or Impacts More Information Necessary HousLna Aesthetics Li ht/Giaro Recreation Utilities Transportation Public services Histonc/Cultural Preservation Airport Environment 10, 000 Feet 14, 000 Feet 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 proposai, Signature 0 Director or Authgr`rzed Representative Date (0 ! I � e fC - . City enton Department of Pianning f Building IPt : Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: c jLit COMMENTS DUE: JUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNE 8, 2006 APPLICANT: Southport One LLC I V:. PROJECT MANAGER: Jill Ding C E I V E I'ti PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian sz,) SITE AREA: 4,284 square feet BUILDING AREA (gross): NIA BUILDING DNI&ON LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO: 77567 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shorefine Use Animals Environmental Health Energy) Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics L' htlGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14, 000 Feet 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 Date City _ _ _entor. Department of Planning /Building/P ENVIRONMENTAL & DEVELOPMENT APPLICA Works TION REVIEW SHEET REVIEWING DEPARTMENT: - �.' ti , COMMENTS DUE: JUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNE 8, 2006 APPLICANT: Southport One LLC PROJECT MANAGER: Jill Din PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian JUN 09 SITE AREA: 4,284 square feet BUILDING AREA (gross): N/A B LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO. 77567 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Earth Air Wafer Plants LandlShoreline use Animals Environmental Health Energyl Natural Resources 442 7Ur Iks (I ` br' s[o B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts Mare Information Necessary Housing Aesthetics Light/Glare Recreation utilities Transportation Public Services Histonc/Cultural Preservation Airport Environment 10, 000 Feet 14, 000 Feet 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 City enton Department of Planning / Building / P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNIt 812606 - APPLICANT: Southport One LLC PROJECT MANAGER: Jill bin PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian SITE AREA: 4,284 square feet BUILDING AREA (gross): ijA i� 200 LOCATION: 1053 Lake Washington Blvd N WORK ORDER NO: 7756 L—~ - - - - -- -- --� SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Developm nt Permit to install "deckingrabove the; exposed water discharge tunnel ("flume") located along the western property line to accommodate- a pu6tic walffvaay TPi�lt3posedi decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Zarrd/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS )� Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li hr/Glare Recreation Utilities Transportation Public Services Historic/CUllural Preservation Airport Environment 10, 000 Feet 14, 000 Feet C. CODE -RELATED COMMENTS 7 � f We have reel wed this appI' anon with particular attention to those areas in which we have expertise and have idgntitred areas of probable impact or areas where dditlonal infor ion is needed to properly assess this proposal. „ Signatu o irector or Authorizes euresentative Dale City _ . _ -enton Department of Planning /,Building / Pu ENVIRONMENTAL & DEVELOPMENT APPLICA Works TION REVIEW SHEET REVIEWING DEPARTMENT: ) t ��_� 1 �,y � COMMENTS DUE: .TUNE 22, 2006 APPLICATION NO: LUA06-033, SM DATE CIRCULATED: JUNE 8, 2006 R E I C 111 E D APPLICANT: Southport One LLC PROJECT MANAGER: Jill Din PROJECT TITLE: Southport West Flume Decking PLAN REVIEW: Jan Illian SITE AREA: 4,284 square feet J BUILDING AREA (gross): NIA BUILDING DIVISION LOCATION: 1053 Lake Washington Blvd N I WORK ORDER NO: 77567 SUMMARY OF PROPOSAL: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property. No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River_ The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land'Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Housing Aesthetics L' hUGlare Recreation Utilities Transportation Public Services Histonc/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet 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.ur Authorized Representative Date (ip NOTICE OF APPLICATION A Master Application has been Pried and accepted with the Development 9ervlces Division ofthe City of Renton. The following brleny describes the application and the necessary Public Approvnis. PROJECT NAMEINUMBER: Sorthport lWnt Flume pecking! LUA06-033, SM PROJECT DESCRIPTION: The apulica it is requesting a Sherefine Substantial Development Perrot to rmi decking above the exposed water discnarae h,nne ;"ume 1 located along the western properly line to accommodate a public walkway. The proposed decking wo.,ld lie petalled on the upland portion of the properrty. No work a proposed in or over Lake Washington and no utilry, eana Dor, fill. or nreding work is proposec A public walkway easement has ee bn proposed over the westerly iD feel of uw nume Cove `or a p. tlic walkway connection that would be apart of the Sam Chastain hail connecting Gene Cou cn per, with the rail along the Cedar River. The subject property is located within the Urban Center - North 2 IUC-h? r eunirq designaoon and is located within the Urban Shorline Envircnment. PROJECT LOCATION: r B53 Lake'✓Jasnng;nn Blvd N POULIC APPROVALS: Sioreme Suhsranfial Development Pennt APPLICANTfPROJECT CONTACT PERSON Ertl Srairer Slalzer and Assaciales, Tel (2081 264-1150; Emil Lstalcer@seanetcem Cemmeni on the above application must he submitted In writing to Jilf Ding, Senior Planner, Development Services Division. 10555outh Grady Way, Renton, WA 98055, by 5:00 PM an June 22, 2006. If you have questions about this proposal, or wish to be made a party c' 'eocrd and receive additional notification by mad_ coniaq the Project Manager at (4251 430.7219 Anyone who Si-bmns wr.tten comments will autouralii become a party of record and will be notified of any decision on this prger.; PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: March 23, 2006 NOTICE OF COMPLETE APPLICATION: June 8, 2006 DATE OF NOTICE OF APPLICATION: June 8, 2006 if you would like to be made a party of record to receive Lirl-r infurrral on this proposed project, complete this form and return to: City of Renton, Development Plammi 1 D55 South Grady Way, Renton. WA 98055. File Name i No.: Southport West Fiun'e peukioc ; LUAJb D31, SM NAME: MAILING ADDRESS TELEPHONE NO.: CERTIFICATION . orn , , hereby certify that 3 copies of the above locum; ak\\\e,tiil were posted by me in conspicuous places or nearby the described propert�� ,YNN �1� "wv,x:xxltyd �j � tr^}Ri �'F►fri �91 DATE: 6% (�Z (� 6 SIGNED: = -��k iAol T " 0 + ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residi in t 1 1 C on the t day of 1 C1 NC AR Y 14'v' U131--k CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 8th day of June, 2006, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Ltr & NOA documents. This information was sent to: Name Representing Bill Stalzer Contact Southport One LLC Owner/Applicant Surrounding Property Owners See Attached (Signature of Sender): STATE OF WASHINGTON ) SS COUNTY OF KING ) 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 use grid purposes mentioned in the instrument. �•``ti Nfeir�l�� L Q• `�;avZ11l Dated:__rA � 'Notary Oublic in an f r the State of 1 on Notary (Print): Print): t ° �, My appointment expires: rig �._. � rl _ ti �, Iy�If+�IO-e19� ��` Project Name: Southport West Flume Decking Project Number: LUA06-033, SM 052305907603 052305907504 SECO DEVELOPMENT INC SOUTHPORT ONE LLC 10843 NE 8TH ST STE 200 1083 LAKE WASHINGTON BLVD N #50 BELLEVUE WA 98004 RENTON WA 98056 �Y 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 NAMEINUMBER: Southport West Flume Decking / LUA06-033, SM PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit to install decking above the exposed water discharge tunnel ("flume") located along the western property line to accommodate a public walkway. The proposed decking would be installed on the upland portion of the property, No work is proposed in or over Lake Washington and no utility, excavation, fill, or grading work is proposed. A public walkway easement has been proposed over the westerly 10 feet of the flume cover for a public walkway connection that would be apart of the Sam Chastain trail connecting Gene Coulon Park with the trail along the Cedar River. The subject property is located within the Urban Center - North 2 (UC-N2) zoning designation and is located within the Urban Shorline Environment. PROJECT LOCATION: 1053 Lake Washington Blvd N PUBLIC APPROVALS: Shoreline Substantial Development Permit APPLICANTIPROJECT CONTACT PERSON: Bill Stalzer Stalzer and Associates; Tel: (206) 264-1150; Eml bstalzer@seanet.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 June 22, 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. L PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: March 23, 2006 NOTICE OF COMPLETE APPLICATION: June 8, 2006 DATE OF NOTICE OF APPLICATION: June 8, 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 9t3055. File Name / No.: Southport West Fiume Decking i LUA06-033, SM NAME: MAILING ADDRESS: TELEPHONE i CITI 3F RENTON Planninouildin&ublicWorks Department Kathy Keolker, Mayor Gregg Zimmerman P.E., Administrator June 8, 2006 Bill Stalzer Stalzer and Associates 603 Stewart Street #419 Seattle, WA 98101 Subject: Southport West Plume Decking LUA06-033, SM Dear Mr. Stalzer: 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, Jill K. Ding Senior Planner CC' Southport One LLC 1 Owner 1055 :,outh GTadv W - Renton, Wasliington:.98055 ,: E N T Q' N AHEAD OF THE CURVE .-i!i:`:^anFrmnYain::rfl��.rar^.rrrlon maFprial ';;l nnct mnarrma^ �-i' - and Associates PLANNING, LAND USE AND DEVELOPMENT SERVICES June 6, 2006 Jill Ding Associate Planner Planning/Bldg/Public Works Dept City of Renton 1055 South Grady Way Renton, WA 98055 RE: Draft pedestrian easement language for Southport West Flume Decking application (File No. LUA06-033, SM) Dear Jill, This letter is in response to the Notice of Incomplete Application dated April 20, 2006, in which you requested 5 copies of the draft easement language for the proposed City of Renton trail connection over the flume. Please find 5 copies of the draft language and Exhibit D for the Supplemental Pedestrian Walkway Easement Agreement enclosed with this letter. We will provide additional items as soon as the draft easement language is approved: • Exhibit A, legal description for Southport property • Exhibit B, sketch of the Easement Area • Exhibit C, legal descriptions for the Easement Area Thank you for your time, and please don't hesitate to contact me if you have any questions. Sincerely, jWA4r__./_ Bill Stalzer For SECO Development Cc: Michael Christ, President, SECO Development Gregory Ashley, Ashley Shoreline Design & Permitting 603 Stewart Street • Suite 419 • Seattle, Washington 98101 • Tel 206-264-1150 • Fax 206-264-1152 • email: stalzer@seanet.com �{� AFTER RECORDING RETURN TO: BUCK & GORDON, LLP 2025 First Ave., Suite 500 Seattle, WA 98121 Ann. Molly Lawrence SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT GRANTOR: SOUTHPORT ONE, LLC, a Washington limited liability company GRANTEE: CITY OF RENTON, a Washington municipal corporation LEGAL DESCRIPTION Lot 1 of City of Renton Short Plat No. LUA-99-134-SHPL, (Grantor Property): recorded under AFN 2000013190000E ASSESSORS' TAX PARCEL ID NO. (Grantor Property): 052305-9075 REFERENCE NO.: NIA THIS SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT ("Easement"), effective this day of , 2006, is made by and between SOUTHPORT ONE, LLC, a Washington limited liability company ("Grantor"), and CITY OF RENTON, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of real property located in King County, Washington legally described on Exhibit A attached hereto (the "Grantor Property"). B. The Gene L. Coulon Memorial Beach Park, a municipal public park operated by Grantee, is located easterly of the Grantor Property (the "Park"). The Park contains a public trail, a portion of which is along the southern shoreline of Lake Washington (the "Trail"). Over the past several years, Grantor has granted several easements to Grantee to enable Grantee to extend the Trail from the Park over several properties owned by the Grantor in order to create a continuous public walkway/trail system along the southern shoreline of Lake Washington. Those existing easements are recorded with King County under AFNs 20051021000894, 20051021000895, and 20051021000896, and 20001117001232. This Easement furthers that effort by granting Grantee an easement over another segment of the Grantor Property to continue the Trail. C. Grantor has agreed to grant an easement across that portion of the Grantor Property depicted on Exhibit B attached hereto and legally described in Exhibit C attached hereto (the "Easement Area") for the purpose of operating and maintaining a public walkway for pedestrian use subject to the terms and conditions set forth herein. AGREEMENT In furtherance of the Recitals set forth above, which are incorporated herein by reference, and in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby conveys and quitclaims to Grantee a perpetual, non-exclusive easement over, across, and upon the Easement Area for the purpose of operating and maintaining a public walkway for pedestrian use. This Easement shall include the right to access by the Grantee (including its employees, agents and contractors) over the Easement Area as necessary for the Grantee to satisfy its maintenance and repair obligations as set forth in Section 6, including inspection at reasonable intervals. 2 P:1Acdv6SEC0\Southport%West Flume 2006Ted easement\Supp Ped Walkway Easement 060506.doc 50434898.04 2. Reservation of Rights. Grantor reserves the right to use the Easement Area in order to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property. This reservation shall include, but not be limited to, the right: (a) to maintain, inspect, repair, replace, and operate any utilities located now or in the future within the Easement Area; (b) to temporarily block or interrupt access to the Easement Area for maintenance and/or emergency vehicles; (c) to temporarily block or interrupt access to the Easement area to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property; and (d) to block access to the Easement Area for up to 24 consecutive hours, or longer with the prior written approval of Grantee, for special events on the Grantor Property, including, but not limited to, concerts, weddings, and conventions. The reservation set forth in subsection 2(d) above shall apply only until the City or a third party designated by the City completes construction of the Sam Chastain Waterfront Trail extension trail between point A and point B as shown on Exhibit D hereto, and only so long as such trail remains open to the public and is maintained in a good and functional condition. Grantor further reserves the right to use the Easement Area for any other purposes not inconsistent with the easement rights granted in Section 1, provided that such other uses do not unreasonably interfere with Grantee's use of the Easement Area. 3. Limitations on Easement. The easement rights granted in Section 1 above are further limited as follows: A. The easement rights granted herein may be exercised only during those hours when the Park is open to the public, as may be modified from time to time. B. The easement rights granted herein are limited to pedestrian connectivity only. Such rights do not include any rights of assembly, speech, demonstration, or petition, and do not authorize exhibiting any placard, signs or notices, distributing any circular, handbill, placard, or booklet, soliciting membership or contributions, parading, picketing or loitering. C. The easement rights granted herein do not include the right to ingest, sell or distribute alcohol within the Easement Area. D. Except as provided in Paragraph 6 below, Grantee shall not have the right to make any temporary or permanent improvements, including installing landscaping, benches, signage, or other structures, within the Easement Area without the prior written consent of the Grantor. 4. Improvement of Easement Area. Grantor shall construct a pedestrian walkway within the Easement Area (the "Walkway"). This Walkway shall also function as a cover for the west flume, which is described in the Southport Planned Action Environmental Impact Statement (DSEIS pp. 2-4 and 2-21), and shall extend outside of the Easement Area onto the Grantor Property. For the purposes of this Easement, the portion of the Walkway located in 3 PAActivc\SECOISouthporMest Flume 2006Ted easement\Supp Ped Walkway Easement 060506.doc 50434899 04 the Easement Area shall be known as the "Grantee Walkway," and the portion of the pedestrian walkway located outside of the Easement Area on the Grantor Property shall be known as the "Grantor Walkway." 5. Restrictions on Easement Area Improvements. The parties agree that any improvements to the Easement Area shall be designed to be consistent with Grantor's use of the remainder of the Grantor Property and any other properties owned by the Grantor or its affiliates abutting the Grantor Property. 6. Maintenance of Walkway. A. Maintenance of Grantee Walkwa . Following Grantor's construction of the Walkway pursuant to Section 4, Grantee shall accept the Grantee Walkway and shall assume responsibility, at its sole cost and expense, for maintaining and repairing the Grantee Walkway. This responsibility shall also include the obligation to replace the Grantee Walkway, as needed; provided that, Grantee shall submit its schematic plans and construction details for any proposed replacement of all or any portion of the Grantee Walkway to Grantor at least sixty (60) days before commencing construction, and Grantee must obtain Grantor's prior written consent to any such plans and details before commencing construction. Grantee's maintenance, repair and replacement obligations shall be performed consistent with the following conditions and restrictions: i. The Grantee shall maintain the Grantee Walkway to a level consistent with the quality of other improvements on the Grantor Property, but in no event shall that level fall below the standards for other pedestrian walkways maintained by Grantee along the Lake Washington shoreline and/or other parks owned or managed by Grantee. ii. Grantee shall perform all maintenance, repair and/or replacement work in a careful, workmanlike manner, free of claims or liens. iii. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably interfere with the use and enjoyment of the remainder of the Grantor Property. iv. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably block pedestrian or vehicular access to, from, and/or across the Easement Area by the Grantor, its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents. V. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to block any views from the Grantor Property of Lake Washington without first obtaining the prior written consent of the Grantor. 4 PAActive\SEMSouthporMcst Flume 2006Ted easementtsupp Ped Walkway Easement 060566.doc 50434898.64 vi. Grantee shall perform all maintenance, repair and/or replacement work in a prompt and timely manner. Once Grantee has initiated any maintenance, repair and/or replacement work in the Easement Area, Grantee shall continue such work through completion without any unreasonable delay. B. Maintenance of Walkwa 's Structural Members. Notwithstanding the foregoing, the parties acknowledge that there are several structural members, (e.g., corrugated iron bulkheads, I -beams, concrete wall, etc.), that underlie and support both the Grantor Walkway and the Grantee Walkway. The parties agree that in the event all or any portion of any of the Structural Members require maintenance, repair or replacement, Grantor shall complete such maintenance, repair and/or replacement work in a timely and workmanlike manner; provided that the parties shall share equally in the costs of any such repair, maintenance or replacement work. Following the completion of such maintenance, repair or replacement work, Grantor shall provide Grantee with an itemized invoice documenting the total cost of the maintenance, repair and/or replacement work. Within thirty (30) days of receipt thereof, Grantee shall pay Grantor one half of the invoiced amount. C. The foregoing shall not prevent Grantor from also maintaining portions of the Grantee Walkway, (other than the Structural Members) if Grantor elects to do so (but without any obligation of Grantor to do so). 7. Relocation of Easement Area. In addition to the reservations contained in Paragraph 2 above, Grantor shall have the right to permanently relocate the Easement Area from time to time in connection with a general improvement plan for the Grantor Property; provided that the new location of the Easement Area shall be no more than 10 feet from the location set forth in Exhibits B and C, and shall be sufficient to serve the Grantee for the same purposes and in the same manner as the location designated in this Easement; and provided further that the Grantor shall not close access to the Grantee Walkway until Grantor has opened a relocated Grantee Walkway. Grantor shall perform any such relocation at its sole cost and expense. Upon such permanent relocation, and at the request of Grantor, Grantor and Grantee shall amend this Easement to specify the new location of the Easement Area. 8. Easements Run with the Land. The grant of the foregoing easement shall run with the land and inure to the benefit and be binding upon the successors and assigns of Grantee and Grantor, respectively, and shall bind the Grantor Property as the subservient tenement and benefit the Park as the dominant tenements, for so long as the Park remains open to the public. 9. Breach. In the event of any breach or threatened breach of this Easement by the Grantor or Grantee, the non -defaulting party shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach. 5 PaActive15EC01SouthportMest Flume 2006Ted eesement\Supp Ned Walkway Easement 060506.doc 50434898.64 10. Risk of Damages. Any use of the Grantor Property, including the Easement Area, by Grantee, or its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents (the "Benefited Parties") shall be deemed to be at the risk of the person or entity using the same, and Grantor shall not be liable or responsible for any damage to property or injury to person or loss of life that may result to Grantee, and/or the Benefited Parties, or any other person, except to the extent caused by the gross negligence of the Grantor, or its agents or employees. Grantee and/or any of the Benefited Parties shall not commit waste or create or permit nuisances on the Easement Area. Grantee accepts the Easement Area in its present condition, "AS -IS," and Grantor shall have no duties to Grantee, except as provided in Sections 4 and 6 above, regarding the condition of the Easement Area. Notwithstanding the foregoing, this Section 10 shall not apply with regard to any defect(s) in the Easement Area existing prior to the date on which the Grantee assumes responsibility for maintaining and repairing the Grantee Walkway pursuant to Section 6 above, which are known to the Grantor, but not known to the Grantee and not disclosed by the Grantor to the Grantee. 11. Indemnification. Grantee hereby releases, indemnifies and promises to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee in the exercise of the rights granted herein and/or in connection with or arising from the use of the Easement Area; provided however this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Grantor, or its agents or employees. If a court of competent jurisdiction determines that this Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions in this Easement shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. 12. Insurance. Grantee and/or its contractors, employees and agents working on the Grantor Property or Easement Area shall maintain in full force and effect during the term of this Easement a policy of commercial general liability and property damage insurance related to the Easement Area and the City's use or occupancy thereof in a form acceptable to Grantor and with a minimum limit of $5,000,000 per occurrence under which policy the Grantor is an additional insured. 13. Hazardous Materials. In no event shall the Grantee store, dispose, release, or discharge from, or otherwise use any "Hazardous Materials" or other wastes or substances on the Grantor Property or the Easement Area. "Hazardous Materials" means any (a) petroleum products or by-products; (b) all hazardous or toxic substances, wastes or materials or pollutants, including hazardous substances as defined by § 101(14) of the Comprehensive 6 P:1ActivelSECO\Southport\West Flume 2006Ted easement\Supp Ped Walkway Easement 060506.doc 50434899 04 Environmental Response, Compensation and Liability Act of 1980, as amended, and/or the Washington State Model Toxic Control Act, RCW §70.105.010, as amended; and (c) any other chemical, pollutant or material which is regulated by any federal, state or local governmental agency or authority under any environmental laws. Notwithstanding the foregoing, Hazardous Materials shall not be defined to include fuel or lubricants necessary for the operation of Grantee's maintenance vehicles, inspection vehicles or maintenance equipment, provided that such materials are used in accordance with any and all applicable Hazardous Material laws, and are handled in a reasonably prudent manner. 14. Termination. In the event Grantor has not begun development of the Grantor Property consistent with the Master Plan (approved by the City July 18, 2000) within ten (10) years from the date of this Easement, all rights granted by this Easement shall automatically terminate and be of no further force and effect. Upon such termination, Grantor may record notice thereof without the joinder of the Grantee. 15. General Provisions. 15.1 Notices. Any notice.. request, approval, consent, or other communication required or permitted to be given by any party to any other hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or by overnight courier; or received following deposit as prepaid certified mail (return receipt requested) with the United States Postal Service; and addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. GRANTOR: c/o Southport One, LLC 1083 Lake Washington Blvd. North, Suite 50 Renton, Washington 98056 GRANTEE: City of Renton 1055 S. Grady Way Renton, Washington 98055 15.2 Attorneys' Fees. If any suit or other proceeding is instituted by any of the parties to this Easement arising out of or pertaining to this Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred from the substantially nonprevailing party, in addition to such other available relief. 15.3 Entire Agreement. This Easement, together with the easements recorded under King County AFNs 20051021000894, 20051021000895, and 20051021000896, and 20001117001232, constitute the entire agreement of the parties hereto with respect to the matters dealt with herein, and supersedes all prior correspondence, 7 PAActivelSEMSouthporMcst Flume 20061Ped easement\Supp Ped Walkway Easement 060506.doc 50434898.04 agreements and/or understandings, both verbal and written, not contained in this Agreement. This Easement shall not be modified unless done so in writing and signed by both parties. 15.4 Governing Law. This Easement shall be governed by and construed in accordance with the laws of the state of Washington. 15.5 No Abandonment. Failure to act by either party under this Easement shall not constitute abandonment of the Easement. 15.6 Severability. The invalidity of any provision of this Easement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. IN WITNESS WHEREOF, this Easement is executed by the parties, intending to be legally bound, effective as of the date first written above. GRANTOR: SOUTHPORT ONE, LLC, a Washington limited liability company By: Seca Development, Inc., its manager Michael P. Christ, President STATE OF WASHINGTON ss. COUNTY OF KING GRANTEE: CITY OF RENTON, a Washington municipal corporation By: Name: Its: I certify that I know or have satisfactory evidence that Michael P. Christ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of Seco Development, Inc., a Washington corporation, the Manager of SOUTHPORT ONE, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of S P:lActive\SEMSouthpon\West Flume 20061Ped easementSupp Ped Walkway Easement 060506.doc 50434999.04 2006. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires PAAcdve\SECQISouthporMest Flume 2006Ted easementlSupp Ped Walkway Easement 060506.4Joc 50434898,04 STATE OF WASHINGTON ss. , ToxizI MC 1120i I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of CITY OF RENTON, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires 10 PA1Activc%SEC0ISouthportlwes1 Flume 2006Ted easemen(%Supp Ped wakkway Easement 060506.doc 50434998.04 EXHIBIT A Legal description of Grantor Property Lots 1 and 4 of City of Renton Short Plat No. LUA-99-134-SHPL, recorded under AFN 20000131900006 11 PAActive\SECO%Southport\West Flume 20061Ped easemennSupp Fed Walkway Easement 060506.doc 50434698.04 EXHIBIT B Insert plan depicting easement area 12 P:1Active\SECOISouthponlWest Flume 20061Ped easement\Supp Ped Walkway Easement 060506.doc 50434898.04 13MI113 11[4 Insert legal description of the easement area 13 P71Ac6ve\SECOISouthport%Wcst Flume 20061Ped easementSupp Ped Walkway Easement 060506.doc 50434898.04 EXHIBIT D Insert plan shoring paints A and B of the Sam Chastain Waterfront Trail extension. 14 P:IActivclSEMSouthportlWest Flume 20MPed easement\Supp Ped Walkway Easement 060506.doc 5043408.04 EXHIBIT D TO EASEMENT AGREEMENT Paint B s LAKE WASHINGTON [*R RI[VOR TRAJL LAKE WASHINGTON TRAIL AND Hj CITY OF RENTON BOEING PLANT ITAT ECT Point A „�: �,'(T,�Bpepaoeu��spappepa��ppupppapp� SOVTHRORT Fm: CQUI oN BEACH PARK Y Kathy Keolker, Mayor April 20, 2006 Bill Stalzer Stalzer and Associates 603 Steward Street Suite 419 Seattle, WA 98101 CITY lF KENTON Planning/Building/PublicWorks Department -Gregg Zimmerman P.E., Administrator RE: Notice of Incomplete Application for Southport West Flume Decking (File No. LUA06-033, SM) Dear Mr. Stalzer: This letter is to inform you that the Development Planning Section of the City of Renton has determined that the subject application is incomplete according to submittal requirements per RMC 4-8-120C and, therefore, is not accepted for review. The following additional information is required to continue processing your application: l . 5 copies of the draft easement language for the proposed City of Renton trail connection over the flume. Once the requested information is received, staff will review the materials for completeness and your application will either be formally accepted for review or you may be further requested to provide additional information or revisions. Please feel free to contact me at (425) 430-7219 if you have any questions. Sincerely, JK. Ding Associate Planner Enclosure cc Southport One LLC 1055 South Grady Way - Renton, Washington 98055 SThis paper contains 50% recycled material, 30% post consumer RENTON AHEAD OF THE CURVE City of Renton LAND USE PERMIT /unr MASTER APPLICATION,` 76 PROPERTY OWNER(S) NAME: Southportit ADDRESS: 1083 Lake Washington Blvd. N, Suite 50 CITY: Renton ZIP: 98056 TELEPHONE NUMBER: 425-282-5833 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP. TELEPHONE NUMBER CONTACT PERSON NAME: Bill StalZer COMPANY (if applicable): Stalzer and Associates ADDRESS: 603 Stewart Street Suite 419 CITY: Seattle ZIP:98101 TELEPHONE NUMBER AND E-MAIL ADDRESS: 206-264-1150; bstalzer@seanet.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Southport West Flume Decking PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Lot 1 of Renton Short Plat LUA-99-124-SHPL 1053 Lake Washington Boulevard KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0523059075(Lott) EXISTING LAND USE(S): gravel parking and open space; temporary outdoor events use and Waterways Cruises PROPOSED LAND USE(S). uplands maintenance to install wood decking over currently exposed drainage pipe and provide public trail system easement EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Urban Center- North PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): No Change EXISTING ZONING: UC-N2 PROPOSED ZONING (if applicable): No Change SITE AREA (in square feet): approximately 3,000 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: n/a SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: n/a PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): No change NUMBER OF PROPOSED LOTS (if applicable): No change 03M/06 EJECT INFORMATION (co r ull NUMBER OF NEW DWELLING UNITS (if applicable): n/a I I PROJECT VALUE: $25,000 NUMBER OF EXISTING DWELLING UNITS (if applicable): n/a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL~ BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): n/a SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): n/a NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): n/a NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): n/a IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. f6. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft_ ❑ SHORELINE STREAMS AND LAKES ❑ UPLAND TO SHORELINE: 4,284 sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY I (Attach legal description on separate sheet with the followina information included) SITUATE IN THE NW QUARTER OF SECTION 08, TOWNSHIP 23 , RANGE 05, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. See attached title report. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Shoreline Substantial Development Permit 2. Staff will calculate applicable fees and postage: $ 3. a I AFFIDAVIT OF OWNERSHIP I, (Print Nam e/s) ._Michael Christ, declare that I am (please check one) _X_ the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) 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. I certify that i know or have satisfactory evidence that _Michael Christ —signed this f instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of Owner/Represent�ii(l i %+ +' 1 V. %inti, Notary Public in and for the State of Washington (Signature of Owner/Representative) Notary (Print)_ d f r ✓ I a doYt Ii e-o - My appointment expires: f 7- / 1-1 10 2 03/23/06 Form WA-5 (6176) Commitment EXHIBIT'A' LEGAL DESCRIPTION: Parcel A: Re No.: NCS-217788-WA1 Page No. 2 lwilr wAfAR 3 2666 6ECE1 Lot 1 of City of Renton Short Plat No. LUA-99-134-SHPL, according to the Short Plat recorded January 31, 2000 under Recording No. 20000131900006. Situate in the City of Renton, County of King, State of Washington. Parcel B: Easements for Ingress, Egress and Railroad Crossings as established in Recording Nos. 6201855, 6317510, 9902019014,2000013190006 and 20001117000535. First An,,?nc. j? 77rie insurance Company U9/d�t:'.:'JUO !!VN 1�: y4 Y'A7. �LG74yV f jUV C:Xty .^Y r.t^',lt�.': Ubi Y.VNbr� zuG Qp 0 0 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS rip, VC"1 -Y p t AfA ? 3 2006 LAND USE PERMIT SUBMMAL REQUIREMENTS: WAIVED BY. MODIFIED SY:. COMMENTS: Caicufaiions Colored M-Aps for Display, Construction Mitigation Description 2 Xva d Density Wotksheet , Drainage Contfol Plan.7 'Drainage Report z Elevations, Arch itectural3Arm, Environmental Checklist a Existing Covenants (Recorded Copy) Existing Easements (Recorded Copy) Hood Hazard Data A � F=i orPlans.zie+ni Geotechnical Report z AND 7 Grad(ng Plan, ComLaptual s Gradrng Plan. Detailed a Habitat Data Report, King County Assessors Map Indicating Sitet Landscape Plan, Gonceptua{, Landscape Plan, Detaileda Legal t�escti�tiar�: .. -- List of Surrounding Properly Owners 4 Mailing Labi-Is for Property C3wners.. Map of Existing Site Conditions a Master Application Form, Morrumerrt Cards (one per monument) i Neighborhood retail Map y rt i new' " + >-� - l his equirement`hiay be waived by: 3. Prop" Services Section Z Polic Works Plan Review Section 3. Building Section d. CJevelopment Pianning 5ec;Wn mil i PROJECT NAME. Dr-� j DATE 2 C7 lVuE6'P1l t VSER'J1FotmaiPlann nglwaiuer xis �:19r1005 09f20/2006 MUN 15: 04 PAR 6254307300 City ct Ronti:n DS/EDNEP ogQ0 100: 0 DEV€LDPMENI SLRVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Parking, Lot Coverage & Landscaping Analysis, Plan Reductions (PMTs) A Plat Name Reservation . Postage Preapplication Meeting Summary Public Works Approval Letter Rehabilitation Plan Screening Detail, Site Plan 2 AND 0 Stream or Lake Study, Standard, Stream or Lake Study, Supplemental4 Stream or Lake Mitigation Plan 4 Street Profiles 7 Title Report or Plat Certificate Topography Map-) Traffic Study r Tree Cutting/Land Clearing Plan , Urban Center Design Overlay District Report, Utiftie5 Plan, Generalized z Wetlands Miti ation Plan Final 4 Wetlands Mitigation Plan, Preliminary, Wetlands ReportlDelineation Wireless Applicant Agreement Statement AND, Inventory of Existing Sites 2 ANa a Lease Agreement, Drafts ANo a Map of Existing Site Conditions 2AND 3 Map of View Area z nNo ] Photos imulations zANo s This requirement may be waived by: 1 Property Services Section 2. Public Works Plan Review Section 3 Building Section 4, Development Planning Section PROJECT NAME DATE: _ 17Les) Q iwEMPWtDEVSERVkForrnstPlanninglwaiver.As 9;19i2005 and Associates PLANNING, LAND USE AND DEVELOPMENT SERVICES March 22, 2006 Jill K. Ding, Associate Planner Development Services Director City of Renton 1055 South Grady Way Renton WA 98055 Dear Jill: Enclosed is an application for a shoreline substantial development permit to install decking above the exposed water discharge tunnel ("flume") in the upland portion along the western property line of the Southport development to accommodate a public walkway. No work is proposed in or over Lake Washington waters and no utility, excavation, fill or grading work is proposed as part of the project. A public walkway easement will be placed over the westerly ten feet of the flume cover for the purpose of connecting the public walkway that has been established along the northern shoreline of the Southport property to the future trail system to the west. As you know, this easement is an important link in the Sam Chastain trail envisioned by the City to connect Gene Coulon Park with the trail along the Cedar River. The provisions of the easement will reflect those established for the public walkway easement along the northern portion of the property. The cover would be placed over the existing steel beams of the exposed drainage channel, thereby eliminating a potentially serious safety hazard. The water discharge channel itself, which currently collects storm runoff from properties to the south, would remain unimpeded by the work. Storm runoff from the flume cover would flow between the gaps in the deck directly into the existing stormwater discharge channel below. This minor project will be a major benefit to Renton, both by eliminating the existing hazard of the exposed flume and in providing an important link in the public trail system. appreciate your consideration of this application. Please contact me if you have any questions. Sincerely, Bill Stalzer For SECO Development Cc: Michael Christ, President, SECO Development Gregory W. Ashley, Ashley Shoreline Design & Permitting 603 Stewart Street • Suite 419 • Seattle, Washington 98101 • Tel 206-264-1150 • Fax 206-264-1152 • email: stalzer@seanet.com g�9 A Southport West Flume Decking Project Narrative The project proposal is to place decking over an existing exposed abandoned water discharge flume in order to accommodate a public walkway easement in the upland area of the west shoreline of the Southport project. The proposed area is located in the northwest area of Lot 1 in an upland area adjacent to Lake Washington and is approximately 4,284 square feet in size. Lot 1 is zoned UC-N2. The proposed work includes upland areas only and would not involve any work over or in Lake Washington. No fill, excavation, grading or utility work is proposed as part of the project. . A public walkway easement will be placed over the westerly ten feet of the decking area for the purpose of connecting the public walkway that has been established along the northern shoreline of the Southport property to the future trail system to the west. This easement is an important link in the Sam Chastain trail envisioned by the City to connect Gene Coulon Park with the trail along the Cedar River. The decking would be placed over the existing steel beams of the exposed drainage channel, thereby eliminating a potentially serious safety hazard. The water discharge channel itself, which currently collects storm runoff from properties to the south, would remain unimpeded by the work. The estimated construction cost is $25,000 and the work area is located upland of the ordinary high water mark of Lake Washington. All construction staging will take place on the Southport property to the south of the flume. The existing shoreline in this location consists of steel sheet piles. The only adjacent use is the Boeing airplane plant and related outdoor areas to the west. A Final Environmental Impact Statement was completed for the Southport Planned Action on September 9, 1999. The west water discharge tunnel was discussed thoroughly in the EIS. This application adopts those documents by reference. No additional SEPA analyses or mitigations are required. March 22. 2006 Southport West Flume Decking Construction Mitigation Description Proposed construction dates: Construction will begin upon issuance of the Shoreline Substantial Development Permit, 2, Proposed construction hours and days of operation: as allowed by the City requirements. 3. Proposed hauling/construction routes: None are needed. This is a very minor project. Few materials will be needed and they will be delivered and staged on Southport property to the south of the existing pedestrian waterfront walkway. 4. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics: The only noise from the project will be that associated with securing wood decking to the steel cross - members on the existing abandoned flume structure and related safety improvements such as fencing or railings This noise will not be loud enough to warrant any special mitigation measures. No construction activity involving grading, excavation or filling is required so no mitigation measures related to dust, mud, erosion, or traffic are needed. 5. Any special hours proposed for construction or hauling (i.e. weekends, late nights): None are proposed. 6. Preliminary traffic control plan: None is needed. This is a minor project with no heavy traffic_ March 22, 2006 ufi�El pf?hf� Southport West Flume Cover SEPA Compliance Any SEPA impacts resulting from the proposed covering of the flume and mitigation measures necessitated by the proposal are addressed in the EIS for the Southport Planned Action as described below, so no additional SEPA review is necessary. The Southport DSEIS includes a description of the area in question as -- "A water discharge tunnel and associated gate and filter structures at the western edge of the site; a series of sheet piles forming a channel to direct the flow of water discharged from the discharge tunnel --the sheet pile discharge channel travels north along the property line and parallel and immediately adjacent to the dock for approximately 200 feet and turns northwest.,." (page 2-9) The accompanying map (Figure 2) indicates the area in question as a "Pipe, cooling water discharge tunnel." Under the Proposed Action the west flume area is included in the following description: "The existing intake and discharge tunnels would be abandoned and fill materials would be placed inside a portion of the tunnels (it is anticipated that the fill material would be placed in the tunnel from above and no in -water work would be required.) The existing filter and gate structures associated with the tunnels would be removed." (Page 2-21 of DSEIS.) The end of the Proposed Action section states: "No new in -water or over -water structures are proposed under the preliminary Conceptual Master Plan." (Page 2-21 of DSEIS.) Relevant discussion of the Affected Fisheries and Aquatic Animals environments occurs on page 3-57 of the DSEIS: Lake Washington Uplands Habitat: "The majority of the site has been historically used for industrial purposes and limited vegetation exists on the site. Virtually no natural or undisturbed areas remain." The impacts associated with filling of the vvest tunnel are described on pages 3-61 of the DSEIS and page 1-17 of the FSEIS: "The tunnels once used for supplying the power plant with cooling water would be filled up to the face of the gates.__ Some sediment could be released during fill and plugging activities of the tunnels. However, no significant impacts are expected." "Site grading and filling of intake/return tunnels (Lake Washington) would increase potential sedimentation in Lake Washington ... With proposed erosion control measures, impacts to fisheries habitat would not be significant." The kind of human activity impacts associated with a pedestrian walkway on areas such as the flume are assessed in the discussion of the vvraterfront promenade impacts, the conclusion of which is that "no impacts to fisheries from construction of these features would be expected." (DSEIS, Page 3-62) SEPA Compliance Flume Shoreline Substantial sieve€opment Permit March 22, 2006 Page 2 of 2 Relevant mitigation measures are described on page 3-233 of the DSEIS: Public Services and Utilities "The City would require that the applicant dedicate a public recreation easement along the promenade and dock to ensure long-term opportunities for public access to the shoreline." The conclusion in the DSEIS is that "with implementation of mitigation measures, no significant unavoidable adverse impacts would result_" The analyses and conclusions found in the Draft and Final EIS also are contained in the Southport Planned Action Mitigation Document: "Site grading and filling of intake/return tunnels (Lake Washington) would increase potential sedimentation in Lake Washington and John's Creek. With proposed erosion control measures, impacts to fisheries habitat would not be significant." (Page 14) "No new in -water or over water structures are proposed. However, the waterfront promenade would result in increased human activity and lighting near the Lake Washington shoreline. With proposed mitigation measures, no significant impacts are anticipated." (Page 14) "The property owner(s) and developers(s) as appropriate, shall dedicate, develop, and maintain a public recreation easement for physical access along the promenade ..." (Page 27) As demonstrated above, extensive discussion of the impacts and mitigations associated with filling of the west water discharge tunnel and establishment of a public walkway is contained in the existing SEPA documents. Construction of a cover over the existing water discharge tunnel ("flume") for a public walkway will have far fewer construction and permanent impacts than those associated with filling the upland stormwater discharge tunnel or constructing a wide concrete public promenade along the north shoreline, both of which actions were evaluated in the EIS. Therefore, no additional SEPA analyses or mitigations are necessary. Form WA-5 (6/76) Commitment Face Page File No.: NCS-217788-WAl �:sFk1 ti\ l—I COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY i A 2320 . C & " First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its polity 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 WITLESS 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 l�OU INS, M f' y 13} .� President r SWFMR[R 24, f ��i1f94a�A* f fittest: Secretary Sy: �' Countersigned FirstAmrrr .- �r? l , Jeisurance Company 4 f Form WA-5 (6/76) Commitment `mac hM t"Ri 4 L First American Title Insurance Company National Commercial Services 2101 Fourth Avenue, Suite 600, Seattle, WA 98121 (206)728-0400 - FAX(206)448-6348 Mike Cooper (206)615-3107 mcooper@firstam.com To: Bank of America 701 Fifth Avenue, Suite 1500 Seattle, WA 98104-7001 Attn: Sherri Andersen 1 FA 3. SCHEDULE A Commitment Date. February 13, 2006 at 7:30 A.M. Policy or Policies to be issued: File No.: NCS-217788-WA1 Page No. i Vincent Nguyenpham (206)615-3267 vnguyenpham@firstam.com File No.: NCS-217788-WA1 Your Ref No.: Support One AMOUNT PREMIUM TAX Extended Mortgagee's Coverage $ 4,500,000.00 $ 2,846.00 $ 250.45 Proposed Insured: Bank of America 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: Southport One, LLC, a Washington limited liability company 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. Fast American Title Insurance Company r Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: Parcei A: File No,; NCS-217788-WA1 Page No. 2 Lot 1 of City of Renton Short Plat No. LUA-99-134-SNPL, according to the Short Plat recorded January 31, 2000 under Recording No. 20000131900006. Situate in the City of Renton, County of King, State of Washington. Parcel g: Easements for Ingress, Egress and Railroad Crossings as established in Recording Nos. 6201855, 6317510, 9902019014,2000013190006 and 20001117000535, First Ametirr p?ii--0 n5tirance Company i Form WA-5 (6/76) Commitment SCHEDULE B - SECTION I REQUIREMENTS The following are the Requirements to be complied with: File No.: NC5-217788-WA1 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 IB - SECTION 2 GE-NERAL 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, conflicts 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. First Amencan Title Insurance Company Form WA-5 (6176) Commitment SCHEDULE IB - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. General Taxes for the year 2006 . Tax Account No.: 052305-9075-04 Amount Billed: $ 31,360.53 Amount Paid: $ 0.00 Amount Due: $ 31,360.53 Assessed Land Value: $ 2,624,400.00 Assessed Improvement Value: $ 0.00 File No.: NCS-217788-WA1 Page No. 4 2. A document entitled "Spur Track Agreement", executed by and between Puget Sound Power & Light Company and Pacific Coast R. R. Co. recorded November 18, 1941, as Instrument No. 3204562 of Official Records. Affects: Parcel B 3. A document entitled "Railroad Tracks Agreement", executed by and between Puget Sound Power & Light Company and Northern Pacific Railway Company and Pacific Coast R. R. Co. recorded December 2, 1943, as Instrument No. 3352228 of Official Records, Affects: Parcel B 4. A document entitled "Trackage Agreement", executed by and between Puget Sound Power & Light Company and Northern Pacific Railway Company recorded December 2, 1943, as Instrument No. 3352229 of Official Records. Affects: Parcel B 5. Easement, including terms and provisions contained therein: Recording Information: 6317510 In Favor of: City of Renton For: Right of Way ¢or Roadway and related Utility purposes Affects: Portion of Parcel B 6. Easement, including terms and provisions contained therein: Recording Information: 8407260401 In Favor of: City of Renton For: Maintenance, Testing and Inspection of a Fire Main with the neccessary appurtenances Affects: Portion of Parcel B 7. Terms, covenants, conditions and restricUorm� ,-,s contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA 98-170 : Recorded: Fe hruaiy 1„ ".999 Recording Information: 9902011911:a.4 First r 1,6 Pjsurarrce Company Form WA-5 (6/76) Commitment 8. Easement, including terms and provisions contained therein: Recording Information: 9902264178 In Favor of: Puget Sound Energy, Inc. For: Gas and Electric Lines Affects: An Easterly portion of Parcel B 9. Easement, including terms and provisions contained therein: Recording Information: 9902264178 In Favor of: Puget Sound Energy, Inc, For: Ingress, Egress, Utilities and Maintenance Affects: Portion of Parcel B 10. Easement, including terms and provisions contained therein: Recording Information: 9902019014 In Favor of: Owners For: Ingress, Egress and Utilities Affects: Portion of Parcel B 11. Covenants, conditions, restrictions and/or easements: Recorded: February 26,1999 Recording No.: 9902264177 File No.: NC5-217788-WAl Page No. 5 12. Restrictions, Conditions, Dedications, Notes, Easements and Provisions contained and/or delineated on the face of the Short Plat recorded under King County Recording No. 20000131900006. 13. Right of the State of Washington in and to that portion, if any, of the property herein desribed which lies below the line of ordinary high water of Lake Washington. 14. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 15. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 First American Title Insurance Company Form WA-5 (6/76) He No.: NC5-217788-WAI Commitment Page No. 6 16. Easement, including terms and provisions contained therein: Recording Information: 20001117001232 In Favor of: City of Renton For: Public Sidewalk Affects: Portion of said premises 17. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Southport LLC, a Washington limited liability company Grantee/Beneficiary: Key Bank National Association Trustee: First American Title Insurance Company Amount: $1,775,000.00 Recorded: November 21, 2000 Recording Information: 20001121000992 Document(s) declaring modifications thereof recorded November 5, 2002 as 20021105001811 of Official Records. 18. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Puget Western, Inc. Grantee/Beneficiary: Southport LLC, a Washington limited liability company Trustee: First American Title Insurance Company Amount: $5,325,000.00 Recorded: Jurin 1, 2001 Recording Information: 20010601001420 19. Easement, including terms and provisions contained therein: Recording Information'. 20051.021000894 In Favor of: City of Renton For: Walkway Affects: Portion of said premises 20. Evidence of the authority of the individLfal(s) to execute the forthcoming document for Southport One, LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prjor to closing - First Americ,7pf e :`:frie nrurance Company Form WA-5 (6/76) Commitment File No.: NCS-217786-WAI Page No. 7 ......E 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. Lot 1 of BLA LUA-99-134-SHPL, Recording No. 20000131900006 APN: 052305-9075-04 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 cc: Bank of America First American Title Insurance Company Form WA-5 (6i76) Commitment FirstAmerican Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No,: NCS-217788-WAI Page No, 8 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 claim 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 disclose such knowledge. If the proposed Insured shall disclosure 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 8, 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 SUpufations 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. Any claim of loss or damage, whether or not fused 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, sha;i be restricted to the provisions and Conditions and Stipulations of this Commitment. FirstAmeri&.`r Company Form WA-5 (6i76) Commitment The First American Corporation Rrst American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-217788-WAI Page No. 9 In order to better serve your needs now and in the future, 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 information 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 Information 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 information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted 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 information 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, such 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 perform 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. Former 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 information 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 procedure€ safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American 7We Insurance Company Printed: 03-23-2006 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA06-033 Payment Made: 03/23/2006 04:48 PM Receipt Number: R0601475 Total Payment: 1,000.00 Payee: SOUTHPORT ONE LLC Current Payment Made to the Following Items: Trans Account Code Description Amount ------ 5019 ------------------ 000.345.81.00.0016 ------------------------------- Shoreline Subst Dev ---------------- 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check #3840 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000,345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000-345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use or Fence Review .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00 Sfi- ey k5fioreline (--Y P 6 DETAIL) I 6 1/2 x 4 x 12 BULLNOSE SHORELINE PROJECT FOR: 4 x 12 (2' O.C.) esiq n 1. ALL SHEETPILINGS ARE EXISTING. 2, SHEETPILINGS ARE 12" TYPICAL 3. ALL SECO Development 1831 Lake Washington Blvd. N Renton, WA 98056 4. I —BEAMS ARE 5, I —BEAMS ARE 6. 7. 8. —BEAMS ARE EXISTING. 6 1/2 )) X 8" MAXIMUM 12' STRINGERS TO BE STRINGERS DECKING 0 • rmittinq 04' i Z_ .) LtZ; C;I ,�I 1cQ; L[JI lZ; STEEL. O.C. MAXIMUM 541 O.C. TO BE ATTACHED TO CAPS WITH 25* X ATTACHED TO STRINGERS WITH H.D. GALV. 16412 NE loth Place DRAWING BY: Gregory W. Ashley Bellevue, Washington 98008m3707 Proprietary Information. This drawing contains confidential and / or privileged information Phone: (425) 957=9381 which is intended for use by specific licensed iondividules only. Any copying, disclosure, or dissemination of this communication is prohibited. All Designs Copywrite 2006- 9reiz@shorelini!mpermitting.com AskCeyShoreCine design at Permitting ***�****��*��*** www.s�ioreCi�te perinitting.com 1/2 )) GALV. CARRIAGE BOLTS SPIKES WATER DEPTH 13' NOTES: ALL SHEETPILINGS ARE NON —TREATED STEEL ALL I —BEAMS ARE NON —TREATED STEEL STRINGER MATERIAL TO BE DOUGLAS FIR # 2 OR BETTER ACZA TREATED TO .40 OR REFUSAL DECKING TO BE DOUGLAS FIR -- ACZA TREATED TO .40 OR REFUSAL ALL HARDWAREIO BE HOT DIPPED GALVANNIZED � .. � � n�r�rir.ir_ A CARRIAGE BOLT 12 STRINGERS X 12 C—CHANNEL C*Px 12 BULLNOc,. ETP I LE (TYP, SECTION) 4 x 12 VERTICA RUB STRIP (2' DATUM,* NAVD 0.0 PROJECT DESCRIPTION: Cover existing flume to create walkway. < 12 STRINGERS < 12 BLOCKING 6 1/2 x 8 I —BEAM -3 X 12 C—CHANNEL CAP SIEETPILES PAGE: 3 of 3 SQ. FTO: 4,284 DATE: 3/10/06 pVE� RED C o OAR 2 3 20