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HomeMy WebLinkAboutLUA12-092AERIAL PHOTO DEPICTING THE OLD STONEWAY SITE AND THE APPROX. WESTERLY END OF NORTHWEST PIPELINE G.P.'S SOUTH SEATTLE PIPELINE REPLACEMENT PROJECT" t r r td +t . . u irr rtnINI 1 h. 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It " ` 3r;44; it\\ a{ i l l lit ti:t i\. ilt• v i a' Mt.t• r,. •"o• t Z1 241,:q4, t:i ' t f w4ait fcl•at ...,„ .1f •" 1 1 c•ic R eerr.ee;J y "•'- -(j- •>. •l, '.rii16e:r' Pt, Slp (caf rv', jI f APPROXIMATE WESTERLY ENDtritislnfu: t,ae c>e ttiuPucc.[.r;c:\: i\r I a' OF NORTHWEST PIPELINE G P'SltivrNr^t 7c• r, / I Q• t , '1Ql tf•< a I/ r <Iiei ln` 1rj}Q se{ ii min,SOUTH SEATTLE PIPELINE 1'.tr ate ti TQ[ Jllra:ii•t• .,si j":[ ` t R r r t 1t r • - 16. i REPLACEMENT PROJECT" i.:a:".1-':': ii!lF.q [G."' Ir r tyts::y(r -• y':" xt,'I r.. ap` a '+". t' 'f? ' '4lil ,,,,..11,,:IfltlF,f 11`ram .. - i uII 1.5. l•'Ctr•t."G- 6./ : •" s•. i1.,'„.4.- .' s..i•-i: • /j'V 1• gr • t4y tiiiil' .<Srfr: a w .. S >•. li, 4l rtt rt.f^ qie e+z MAY.nt,+ r$ _ - nit -rrp :' Pi. + ^ I'.1 Y am , a• `",stmititkl, fit Ei. N:Y trr- 4f.• rgQ.,* r f v, inton c• e r~ w;,1tFuiM 44s- '.,s . a.• i Ic cti ctt±ic la S) YtCat 'tfijre'+'•"`e1J/ olr R v4Hilt ,i. tzt t . i• NIi ftsio. ll,'. !!!`'teem1.=, = , r r a J`'-,r.-•` .p tt,lt° "ii{. IN l•; I! l+tt one+. c i• .•r 4 s i `rr a riR`J" I t 1! t 'lj ifttrtia `` • «f •}ir. ...IN.,.r 1.q 6{ R ili a t= s{.. 4 t:ti •.<,et•elt:ei!N .3 tD er tea d - 1- t t«, ' i.• ''' f _ 1 rtP'ire1. q j t: o1;:R.Loi It,.`(.r :sr's /411.0ST•Pt tittitI•_r.r•1.:q it:t Y.. p0 ref / d t ! a a r!: f 1 k R c 3f 1;'T' ! :iI iy= ytte [p... . • i - rta':. ter i a .rt1 rt'.- tl i.a.a ..•i '. Itt:r ri/!1 r suit rt.[.. r 4 IN r +a . r rii v. a•1: tmcr• rt.t„ IM e;' ''''''"''' , i [4a•1sr ^.-, •-y,.^ c*Sfi 7 a'+ a' r.. ! r s.' ess or of I f[c[e swymer• r•, eactsr rxz;a s r ee o afaom. ;• ,•< :E, r i The . on th'map has been.......I by r ry stall from a variety of sources ell is•uhje'l to ehanp• ... King .my makes no re sl rev • warranties.express a mplie s as to ause oCy.f 6me1 s,or rights to the use of such IMortnaeon.This d... r t1d A tended to use es•.tevey product K ng County shell rot be be•Al getreral.sgal r'^ act,ircid°Mal,or conseguenlW dM11•paB xMudmg.bul not'mitetl to,bsf revenues ar bst profits residing ham the use a misuse d the contained on Mis map.Any sale d Pis map or intormalbn on thlt mop Y prohibited except by written permisston of King County l.i King County Date:10/1e/2012 Saute:Keg County ASAP-Property Informatton(hap Mmtev,metrokc gov/GlSAMAP) l r. c :'t ! ' -L r". Public Works-Surface Water Utilityllilli *73 IIII rgll''. a '47 ' ''''' i 51 r r y 1` tr. c Print Date: 11106/2012 A.-_' s Data Sources Cityof Renton,FEMA FIRM revised May16, 1995.7 grc / t.. . .z. Cedar River flood hazard area updated with FEMA Cedar River tL O I 4 5t' V _ t i. Y f r • H LOMR(Case No.06-10-B569P)approved December 4,2006. r / j• 7 l l 4 Fa i This document is a graphic representation,not guaranteedliUNNAMED1aatosurveyaccuracy,and is based on the best information j lkt4tiiti< ,. , . , il 4 PUBLIC STREET •` °4 `• available as of the date shown. This map is intended forPICitydisplaypurposesonly. ilg 6) Q i.. I`/ di i ,'M .` V 11, vof APPROX.LOCATION OF PROPOSED 4 /rTM« enton 0 10-FOOT-WIDE BY 36-FOOT-LONG IN 40,411Priv Nraa Public Works Department1MAPLEVALLEYt • P OFFICE TRAILER ON WHEELS) t.' +•.' IS. HIGHWAY(SR 169) ,\ Aliri, t r i 4 .4 AO EE CCESS if,/i FRUN. ' I fh s' s, ` ' •. 1- ; j iF PERIMATER OF PLANNED NORTHWEST ORTION w. -- 5 t ti r4, 1 I PIPELINE GP TEMPORARY STAGING AREA r it ^ FJ l 14:` R1.C ii , • 4,-,...., ". jr.. . ,, 1.. ,, ,,,-.. • ..I t t• 1 hp PIPE STORAGE 7 ' i1M t a'PLANNED SOUTH R BOUNDARY OF"OLD STONEWAY"SITE OF YELLOW LINE) ACCESS&EQUIPMENT 5 y, ., 3 4' STORAGE AND TRUCK a Ai 3PARKING( PLANNED7sAr 1 `'1a'. 1 w _slT r 1- - - - _ _ -`- - ' NORTH OF YELLOW LINE) S.... 7F i•.. s 1 i'' 11 r r ' M EXISTING INTERNAL FENCE BETWEEN(1)THE tr-o: al, i 4--. -r,-1,6 I '•_. .1 rr r...t•.1 PLANNED NORTHWEST PIPELINE GP ilk r a f S,..•: /, •r i `r, 711 e '• TEMPORARY STAGING AREA AND(2)THE 111 i 1 f t e r, • • j, MERLINO PORTION OF THE SITE(WHICH LIES yirilif .': i{ s NORTH OF THE INTERNAL FENCE) y Yi. pa_. -' , -1•• i • NOTE: CHAIN-LINK FENCING EXISTS ALONG THE ENTIRE 4 r i Y • . x j r PERIMETER OF THE OVERALL"OLD STONEWAY"SITE 44-2 tMor j-, - 1 . , - r i `' , . .pm ,. SITE PLAN 4 ir' t\ WITH RENTON'S 2006 FLOOD HAZARD AREA OVERLAY ram ` `' 4- - • - g 4.- 4. ii 1-4,-,,... t -. ., Ifl. .,. q .tt i 4. 1 71. '; i l 1 4*o' Li w 7 1 e 1-' L tt rl,u r..R 1A t4A. ,‘.;‘,;‘• fit,•&:•: 4Z.:::.',* ,','AL...5tir.::k.:..•. 4'1' -3-- ' - -. 4, R Fes. e Ai5r _ yam/ 'd Y, c' S A 3 . 4.* ' --. i re 4.e' :4101*". - ,, _ lit • '10,14 s., i., , . ,. , , . , 4,. ,. . .....-fipe...4.- . ; ' il• '' e,.. 1-kiiiiii - i siiii7 Effective FEMA Flood I nsu r nce Rate Map - Stoneway Site Zone AEt u,rAH, AO Regulatory 0 100 2itr00400Feetwlq)y r s 11/7/12 OLD STONEWAY" SITE (1915 SE MAPLE VALLEY HWY) Legend Parcels Flood (per Renton GIS Map) PLANNED SITE LAYOUT FOR THE "NW PIPELINE SOUTH SEATTLE LATERAL EXPANSION STAGING" F F, SSa.303x. PERIMETER OF PLANNED PUBLIC j NORTHWEST PIPELINE GP p,.'h UNNAMED 1.- iJ TEMPORARY STAGING AREAAPPROX.LOCATION o i. OF PROPOSED 10- F"' , , .... t BOUNDARY OF"OLD 1 STONEWAY"SITEFOOTWIDEBY36- i i I Kl z ar 1! xj FOOT LONG OFFICE • t r MAPLE VALLEY r 1 N '+ EXISTINGEEN INTERHENALPLANNEDFENCETRAILER(ON WHEELS) t^ HIGHWAY SR 169 BETW (1)T NORTHWEST PIPELINE GP f+•M-- Y., r. A 95590tk00,,.< TEMPORARY STAGING AREA a 4 ar' - - t r 1 M1 -..,.. camO AND(2)THE MERUNO PORTION II ..if J` 9955990410 OF THE SITE(WHICH LIES r r... r NORTH OF THE INTERNAL 7 ACCESS it.rMERLINO / r>e• 99555001< FENCE) Y/ RORTION r4 r if 111777 y NOTE: CHAIN-LINK FENCING EXISTS aS .i° i- .; _, v.dj„., ALONG THE ENTIRE PERIMETER OF a x/} r+. 0.— ,..,----- • •THE OVERALL"OLD STONEWAY"SITE. PIPE STORAGE(PLANNED tp. a. SOUTH OF YELLOW LINE) r „ram. - ACCESS&EQUIPMENT '• a• s. STORAGE AND TRUCK 'w\ PARKING(PLANNED N. j) NORTH OF YELLOW LINE) I 7 SITE PLAN wat' WITH RENTON'S r: 11, FLOOD ZONE OVERLAY F, ^ i• Notes 17230591A 172305917 I None 1T2S i.., 23059eis r 1T29H155@27 i i s 172995xH OviiiNiiii.,1:1491 MUM Information Technology-GIS This map is a user generated static output from an Internet mapping site and Rentonisforreferenceonly.Data layers that appear on this map mayor may not be City,of eT7 TO y 249 0 124 249 Feet RenlonMapSupport@Rentonwa.gov accurate,current,or otherwise reliable. Y\.11` 11 Finance&I'I'DivisionNAD_1963_HARN_StatePlane_Washington_North_FIPS_4601 10/30/2012 THIS MAP IS NOT TO BE USED FOR NAVIGATION OLD STONEWAY SITE (1915 SE MAPLE VALLEY HWY) Legend Jurisdiction Boundaries PLANNED SITE LAYOUT DURING NORTHWEST PIPELINE G.P.'S "SOUTH SEATTLE PIPELINE REPLACEMENT PROJECT" Renton 4 Addresses1 r Parcelsxt 1t f rPf yC,.. ..r rt;. r-; PERIMETER OF PLANNED J p. P r k NORTHWEST PIPELINE GP Ro r r l f ' f r TEMPORARY STAGING e 395 i T AREA s 6.4r J 1 V f .., iir` 1 0 STONEWAY O OL iii. . D sue. Iles rx 9955 .„ 444N i oit. J V rr_ x EXISTING INTERNAL FENCE J/ 3955900110 X BETWEEN(1)THE ACCESS JJ JfJ ERLINCI;'rr 1` s9559e94ze PLANNED NORTHWEST 4 , 4 PIPELINE GP TEMPORARY M j wORTIO(J J'. t fj STAGING AREA AND(2) c `` w7 J. 9 5s9e142o THE MERLINO PORTION 4 OF THE SITE(WHICH LIES A vt.'` ,a AAA2 y4a ,. .. • NORTH OF THE INTERNAL PIPE STORAGE 1'. FENCE) PLANNED SOUTH `• ,,,;• r ,,,,. . ilkw^+^,„ OF YELLOW LINE) NOTE:CHAIN-LINK FENCING1. ti_ACCESS&EQUIPMENT a°w : STORAGE AND TRUCK -.••EXISTS ALONG THE ENTIRE ir-i ter PARKING(PLANNED e t, ,<< SS PERIMETER OF THE OVERALL f`-` aa OLDSTONEWAYSITEi NORTH OF YELLOW LINE 1 41."1" ...,4-4,.. ..--- ' ,'116L f, 4101.- 7 Notes RENTON IMAGERY 2010 GiErheaN II r.,1729(.0109 11-\ Or) 1:1 495 1 cialtidelMMOInformation Technology-GIS This map is a user generated static output from an Internet mapping site and n _ is for reference only.Data layers that appear , current. may or may not l be (.1'of o n2490125249Feet E2entonMapSup•.'@Rentonwa goy accurate,current.or otherwise reliable NAD_1983_HARN_StatePlane_Washington_North_FIPS_4601 10/ :, 2 THIS MAP IS NOT TO BE USED FOR NAVIGATION Finance&IT Division PROPOSED OFFICE TRAILER 10 feet wide by 36 feet long) 44.* rift. 0 111 pip 3 Denis Law Clty of. Y MayorLi it.J.1----, . eke 0 November'26, 2012 Department of Community and Economic Development C.E."Chip"Vincent;Administrator David Halinen Halinen Law Offices, R.S. ' 1019 Regents Blvd,Suite 202. Fircrest,WA 9846.E-6:037 - ' -' Subject: Notice of Incomplete Application NW Pipeline South Seattle Lateral Expansion's Staging Area; ' LUA12-092,TP` • Dear Mr. Halinen: The Planning Division.of the City of Renton.has determined that the subject application is incomplete.according to submittal.requirements and, therefore, is not accepted for ,. - review: This letter-:serves as notification that additional information is required to accept as , complete and begin processing your application. Specifically, we, are awaiting revised site plan ,maps/aerial photos indicating the proposed-use in relation;to the Shoreline's • _ Jurisdictional Area(lands within 200 feet as measured on a horizontal plane,from.the Ordinary High Water.Mark jOHWM], or lands within 200 feet fromfloodways, whichever is greater), and revised_site plan maps indicating the area of special flood hazard -(per• RMC4-3-0501.1.a "the land in the'flooplain subject to one percent or greater.chance of. . flooding in any given year: Designation an.a flood map 'always indicates the letter A or. • V`') The proposed use also requires a Shoreline Exemption as the use is proposed in the - Shoreline Jurisdictional Area of the:Cedar River. - Once we have received the additional materials: we will notify you if any additional - materials are needed in order to begin processing your application. Please be advised that a-Temporary Use. Permit is a discretionary permit, which- is subject to the City's ' review prior to the issuance of a decision to approve, approve with conditions, or deny • the permit. . Please contact'me at (425) 430-7286 if you have any questions. Sincerely; Aikilii/1 (,, Cir i i- C f/t;k• ---'1 ' ' Jennifer Henning,AICP Current Planning Manager. : Renton City Hall • 1055 South:Grady Way • Renton;Washington.98057 • rentonwa:gov Chip Vincent From: Jennifer T. Henning Sent: Thursday, October 18, 2012 2:27 PM To: Chip Vincent Subject: Stoneway Site -Temporary Use by Northwest Pipeline Chip, You asked for a paragraph describing the proposal by David Halinen to allow for the Stoneway site to be used by Northwest Williams Pipeline during the installation of a little more than 5 lineal miles of 16-inch diameter high pressure gas pipeline that will run through Maple Valley/Maple Heights, however, not through the City(see map below). Merlino would like to lease a portion of the Stoneway site to Northwest Pipeline for construction staging. They have not yet provided me with a site plan, and they indicate that they would stay at least 200 feet back from the OHWL of the Cedar River. I've said that this activity would need a Temporary Use Permit(TUP), and Mr. Halinen is arguing that it is a continuation of the existing use as industrial by the Merlino's, and that no TUP should be required. I understand that the construction would be about 2 years. ltMIMIIIIIIIIIIIIIIIIIIIIIIIMIIIMIIIIIIIIIW J=l 2.51 Patcelkadn.•tte I iPRE— — f `' I J GP: Object ID 344905 Crory Parcel Nurbes 9558001070 r . rMapSheet Smelled NC«nly Stt pied Name i s CcsmStypie Name I 4'if • frst Name 1 PRICE RICHARD B.ROSEM4RYJ ve -• 1r 6 Middy Initial1 Last Marne 1 tip• IS It.7 e. { E Kist flame 2 L, . n. 'wi + Middle Iritial2 a1 a' :+ -- ' ' '- ; last Name 2 3._ f f . 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Jennifer Henning, A/CP Current Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7286 3 DEPARTMENT OF COMMUNITY o C``yof AND ECONOMIC DEVELOPMENTMEMORANDUMton DATE: July 10, 2012 TO: Dave Pargas/Fire Department Lys Hornsby/Utility Systems Director Doug Jacobson/Deputy PW Administrator-Transportation Leslie Betlach/Parks Director FROM: Jennifer Henning/CED Current Planning Manager SUBJECT: Williams South Seattle Lateral Expansion Project Northwest Pipeline GP ("NWP") FERC Public Notice Application Attached is a copy of the subject FERC Public Notice Application. See the attached Notice for details. Please submit any comments to Jennifer Henning in a timely manner. Attachment cc: Gregg Zimmerman;Public Works Administrator Will a June 18;:2012 City We make energy happen:-. . •LI f Rent on. Jennifer Henning: ng Division Current Planning Manager Renton City: JUN;21 10121055SouthGradyWay Renton, WA 98057 Re: South Seattle Lateral Expansion Project RECE: pll Northwest Pipeline GP ("NWP") King County,Washington Northwest Pipeline GP("NWP"), a unit of The Williams Companies, is one of the nation's largest transporters of natural gas and has been designing, constructing, and operating safe and reliable natural gas:pipelines for over 50.years in the Pacific Northwest:: On June 4, 2012, NWP filed an application with the Federal Energy Regulatory Commission("FERC").for a certificate of public convenience and necessity:to construct and operate natural gas transmission facilities in King County, Washington.This project has been assigned Docket Number CP12-471'by FERC. The proposed project consists of: (i)abandoning:by removal the existing 10-inch diameter pipeline between mileposts 0.00 and 2.01 and between mileposts 2:16 and:4.0 on Northwest's South Seattle. Delivery Lateral (South Seattle Lateral) loop line and replacing it:with new 16-inch diameter pipeline; (ii) abandoning-in place approximately 0.15 miles of existing 10-inch diameter and 16-inch diameter pipeline between mileposts 2.01 and 2.16 on the South Seattle Lateral loop line under the Cedar River and installing approximately 0.15 miles of new 16-inch diameter pipeline in a new,easement adjacent to the existing pipeline; (iii) replacing taps at two meter station locations; (iv) and installing miscellaneous appurtenances; all located in King County;Washington. The Project is designed to increase the firm delivery capacity on the South Seattle Lateral as requested by Puget Sound Energy Inc. NWP anticipated constructing the project summer of 2013. The Project's complete FERC application may be viewed at the following public library: Fairwood Library 17009 140th S.E. Renton, WA:98058 Phone::(425)226-0522 The application may also be viewed through the FERC website at http://www.ferc:govidocs- filing/elibrary.asp. The docket number issued by the FERC again is CP12-471. NWP is contacting affected landowners and other stakeholders to provide this project update and a description of resources, processes and contact information available as we pursue this application. Should you have any:questions at this time,-or at any time during or after the project; please do not hesitate to contact us by email at SeattleLaterals@williams;com or toll free at 1-877-547-5304. Sincere ,. . oh . . George Angerbauer Public Outreach Manager ENCLOSURES: Vicinity/Site.Map . . . FERC Public Notice of Application 1 EXISTING SOUTH SEATTLE LATERAL - Mirrormont East Renton Highland Cascade- 4 w--~- --- Fairwood Maple Heights-Lake D , r 1 14% 1 1. i'- 1 1 i 1 BEGIN PROJECT f SOUTH SEATTLE . . '- -,, -, s .,/ EXPANSION PROJECT 1---_- END PROJECT KING COUNTY Hobart EXISTING MAINLINE UNITED.'STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Northwest Pipeline GP Docket No. CP12-471-000 NOTICE OF APPLICATION June 15 2012) Take notice that on June 4 2011,Northwest Pipeline GP (Northwest), 295. Chipeta Way, Salt Lake City,Utah.84108,filed in Docket No.:CP12-471-000, an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act and Part 157.of the Commission's regulations,requesting abandonment approval and a certificate of public convenience and necessity authorizing Northwest to construct and operate its South Seattle Delivery Lateral Expansion Project located in King County,Washington. Specifically,the Project consists of: (i) abandonment by removal of 10-inch diameter pipeline segments between mileposts 0.00.and 2.01..and mileposts 2.16 and 4.0 and replacing it with new 16-inch diameter pipeline; (ii) abandonment in place of approximately 0.15 miles of 10-inch and 16-inch diameter pipeline and installing approximately 0..15 miles of new 16-inch diameter pipeline adjacent to the existing :. pipeline; (iii)replacing taps at two meter station locations; and(iv) installing miscellaneous appurtenances. The project will allow Northwest to increase natural gas deliveries on the South Seattle Lateral by 74,850 Dth/d, all as more fully set forth in the application,which is on file with the Commission and open to public inspection. The.° filing:may also be viewed on the web at http://www.ferc.gov using the "eLibrary".link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at FERCOnhineSupport@ferc.gov or call toll-free,(866) 208-3676 or TTY, (202) 502-8659. Any questions regarding this application should be directed to Pam Barnes, Manager, Certificates and Tariffs,Northwest Pipeline GP, 295 Chipeta Way, Salt Lake City,Utah 84101,telephone no: (801) 584-6857, facsimile no. (801) 584-7764, and email: pam j.barnes@williams.com. .: Pursuant to section 157.9 of the Commission's rules, 18 CFR §157.9,within 90 days of this Notice the Commission staff will either: complete its environmental assessment(EA) and place it into the Commission's public record(eLibrary)for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones,the anticipated date for the Commission staffs issuance of the final environmental impact statement FEIS) or EA for this proposal. The filing of the EA in the Commission's public record . . for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within.: 90 days of the date of issuance of the Commission staffs FEIS or EA: There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure(18 CFR:385.214_or 385.2.11) and the Regulations under the NGA (18 CFR.157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a.copy to the applicant and to every. . otherparty in the proceeding.. Onlyparties to the proceedingcan: ask.for court:review ofpgpg Commission orders in the proceeding. However, a person does not have to:intervene in order to have comments " considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission.Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's,environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties:or issued by the.Commission (except for the mailing:of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.:: The Commission strongly encourages electronic filings of comments,protests and interventions in lieu of paper using the "eFiling" link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street,NE, Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov,using the "eLibrary" link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an "eSubscription" link on the web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s): For assistance with any FERC Online service,please email FERCOnhineSupport@ferc:gov,:or call 866) 208-3676 (toll free). For TTY, call(202) 502-8659. Comment Date: July 6, 2012. Kimberly D. Bose, Secretary. UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Northwest Pipeline.GP Docket No. CP12-471-000 NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED SOUTH SEATTLE DELIVERY LATERAL EXPANSION PROJECT, REQUEST FOR COMMENTS ON ENVIRONMENTAL ISSUES, AND NOTICE OF PUBLIC SCOPING MEETING July 5, 2012 The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment(EA)thatwill discuss the environmental impacts of the South Seattle Delivery Lateral Expansion Project involving construction and operation of facilities by Northwest Pipeline GP (Northwest) in King County, Washington. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. Your input will help the Commission staff determine what issues they need to evaluate in the EA. Please note that the scoping period will close on August 6, 2012. You may submit comments in written form or verbally. Further details on how to submit written comments are in the Public Participation section of this notice. In lieu of or in addition to sending written comments, the Commission invites you to attend the public scoping meeting scheduled as follows: FERC Public Scoping Meeting South Seattle Delivery Lateral Expansion Project July 30, 2012 at 7:00pm Hilton Garden Inn Seattle/Renton 1801 East Valley Road, Renton, WA 98057 This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their Docket No. CP12-471-000 2 - constituents of this proposed project and encourage them to comment on their areas of concern. If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law. Northwest provided landowners with a fact sheet prepared by the FERC entitled An Interstate Natural Gas Facility on My Land? What Do I Need To Know?". This fact sheet addresses a number of typically-asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC website (www.ferc.gov). Summary of the Proposed Project Northwest proposes to upgrade 4.0 miles of natural gas pipeline from 10- to 16- inch-diameter in King County, Washington. Northwest proposes to remove the existing 10-inch-diameter segment and replace it with the 16-inch-diameter pipeline in the same ditch. However, at the existing Cedar River crossing it would abandon in place an 800- foot-long segment and install the new pipeline 50 feet offset from the abandoned segment In addition,Northwest proposes to remove a pigs launcher, install two new pig launchers and one pig receiver, and upgrade miscellaneous aboveground facilities. The project would provide about 74,850 dekatherms of natural gas per day to meet demand in the south Seattle market area. The general location of the project facilities is shown in appendix 1.2 1 A "pig" is a tool that the pipeline company inserts into and pushes through the pipeline for cleaning the pipeline, conducting internal inspections, or other purposes. 2 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called "eLibrary" or from the Commission's Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502- 8371. For instructions on connecting to eLibrary, refer to the last page of this notice. Docket No. CP12-471-uu0 3 - Land Requirements for Construction Construction of the proposed facilities would disturb about 76 acres of land; 96 percent of the disturbed area would be within Northwest's existing right-of-way. Following construction, Northwest would utilize its existing right-of-way for permanent operation of the project's facilities. It would however, need to acquire 4.0 acres of new right-of-way for operation of the aboveground facilities and the pipeline associated with the Cedar River crossing. The EA Process The National Environmental Policy Act(NEPA)requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us3 to discover and address concerns the public may have about proposals. This process is referred to as "scoping." The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA. In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: geology and soils; land use; water resources, fisheries, and wetlands; cultural resources; vegetation and wildlife; air quality and noise; endangered and threatened species; and public safety. We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. The EA will present our'independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received 3 "We," "us," and "our"refer to the environmental staff of the Commission's Office of Energy Projects. Docket No. CP 12-471-000 4 - during the'scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all,comments on the EA before making our recommendations to the Commission.' To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public.Participation section beginning on page 5. With this notice, we are asking agencies with jurisdiction by law and/or special • expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA4. Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice. At this time, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service have expressed an interest in participating as cooperating agencies. Consultations Under Section 106 of the National Historic Preservation Act In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with Washington State Historic Preservation Office SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties. 5 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right- of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Northwest. This preliminary list of issues may be changed based on your comments and our analysis. 4 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6. 5.The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register'of Historic Places. t Docket No. CP12-471=„;0 5 - alternative methods and locations for the crossing of the Cedar River; impacts on threatened and endangered species including Chinook salmon, steelhead, and bull trout; and minimization of impacts on landowners during construction within residential neighborhoods. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before August 6, 2012. For your convenience, there are three methods which you can use to submit your comments to the Commission. In all instances please reference the project docket number CP12-471-000)with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or efiling@ferc.gov. 1) You can file your comments electronically using the eComment feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. This is an easy method for interested persons to submit brief, text- only comments on a project; 2) You can file your comments electronically using the eFiling,feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on "eRegister." You must select the type of filing you are making. If you are filing a comment on a particular project, please select "Comment on a Filing"; or 3) . You can file a.paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room lA Washington, DC 20426 Docket No. CP12-471-00U 6 - Environmental Mailing List The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations)who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. If we publish and distribute the EA, copies will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2). Becoming'an Intervenor In addition to involvement in the EA scoping process, you may want to become an intervenor"which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the User's Guide under the "e-filing" link on the Commission's website. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at(866) 208-FERC, or on the FERC website at www.ferc.gov using the "eLibrary" link. Click on the eLibrary link, click on "General Search" and.enter the docket nunmber, excluding the last three digits in the Docket Number field(i.e., CP 12- 471). Be sure you have selected an appropriate date range. For assistance, please contact. FERC Online Support at FercOnlineSupport@ferc.gov or toll free at(866) 208-3676, or for TTY, contact(202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically Docket No. CP 12-471-uuu providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/esubscribenow.htm. Finally,public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information. Kimberly D. Bose, . Secretary Appendix 1 z 0w G F a A End C.'- a• Project w IA lBeginProject ING South Seattle Delivery Lateral Expansion Project S P N Ibilliarr. i C.. 19'. 1- - PIPELINE41 PROJECT LOCATION WASHINGTON V r ilk, Legend PROPOSED EXPANSION Olen EXISTING NORTHWEST PIPELINE PROJECT LOCATION MAP 41;SOUTH SEATTLE DELIVERY LATERAL OF INTEREST N EXPANSION PROJECT 1KINGCOUNTY,WASHINGTON W , E I s y-- Jennifer T. Henning From: Gustaves, Clay[CIay.Gustaves@Williams.com] Sent: Friday, December 09, 2011 3:54 PM To: Jennifer T. Henning Cc: Swaner, Michele; Angerbauer, George Subject:South Seattle Expansion Project Jennifer, The South Seattle Expansion Project ends at the southern property boundary(shown in yellow below) of King County Assessor Parcel number 9558001070.The end point and everything east to the beginning point is outside of the urban growth boundary and shown to be King County jurisdiction.The second image below shows the entire 4 miles of the project. 1 1-1jA Patcevcada-rre 1 P R f- a T 1 (GP. Otet ID 344935 County Parcet Rioted SW001070 Map SheetNurtxv w^i*•e.i- Corrty Str ied Name 1 t ' Canty Supplied Name 2 lit I'' et. 41t4 FritName 1 PR(f.£RICHARD B+ROSEhL&R't'd t{" Middle Initial I M ? 44tit '!F T` r rt, lest Iene1 it:14s -' , r FirstName2 xi•` ,•l• , ' s• 4 '44a,• 1MiddleInitial2 Last Name Z a •Q;.R , r Agency Corpoiatian x t Site Addiess Line 1 4.1 Site Address Line 2 4 it ' 144 air Site State WAt ' ME- 1411. Ste ZIp littfSiteCountyKING Ov AddrFs,line 1 PO BOX 1687 Owner Aridteas L+re 2 Owner Cry. OMAK WA Drew State Own 90841 yerZ,p Owner Country Assessed value 4.Lett S*Mice 0 1 w Last Sate Date Lot Block Subaivisiun 04 Document Lrik Data Soiree GEODATABAS Comments 41.,,,.. 44.* - ' 1 "III i** iirif: --,It,t i ';.' t 4# :*, iiii41 ". Zit. ,igirit4, '4 1 111 Ilk I ---' ' ifhlilfr r 4. 1 - , elk s iN n at igvii y, i._la 4114 t 1_7 ', 1„.; .,'.:I-' ilierwA..".;*.:,,,41.1,, s. it- ft.! gittL -lair! 41, mcil:i'.)11' 61,-?f,, t, ,*b. f. . 4 E. ;` r% t t ., K It ?i! A . '""v.-!` r iR.":4 - 4'.,* ... tly ikli at A.it Nifily --• ...14-,i,.. .• . I •i • , 1 4,s....../ 1.41...... ----- ____,L_,-,t. ,.. 1 ..-,$ 4 toWt.dr3/4 4- t g , : E t Ai-47 9 -lila kr ,444 EVf4tilt41, f Start! t ,;} ,,,/ " 3'•' . h.,. ) ,,2 ti ..:./:r.,s E,.. i +' L• La^:Fv,e.. I +j OblandK-OOB..) rt ao rcor:Eii: ' ( rM Fieirl5martYt, Count 2 s 4 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) I PROJECT INFORMATION I AnMarCo PROJECT OR DEVELOPMENT NAME: NW Pipeline NAME: Attn: Brad Merlino South Seattle Lateral Expansion's Staging Area Temporary Use Permit... ADDRESS; 9125 10th Avenue South PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Old Stoneway Site" 1915 Maple Valley Highway CITY: Seattle,WA ZIP: 98108 Renton,WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: (206)762-9125 172305-9026 APPLICANT (if other than owner) I EXISTING LAND USE(S): Industrial storage and staging NAME:Northwest Pipeline GP of construction materials,equipment,and vehicles c/o Williams Northwest Pipeline EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Attn: Clay Gustaves Commercial/Office/Residential(COR) 22909 NE Redmond Fall City Rd. PROPOSED COMPREHENSIVE PLAN MAP CITY: Redmond ZIP: 98053 DESIGNATION(if applicable) No change proposed EXISTING ZONING: Commercial/Office/Residential TELEPHONE NUMBER: (425)868-1010 ext.2065 COR) CONTACT PERSON PROPOSED ZONING(if applicable):No change proposed SITE AREA(in square feet): 324,522 sq. ft. +/- NAME:David Halinen(attorney for property owner)7.45 acres+/-) SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY(if applicable): Halinen Law Offices,P.S. DEDICATED:None 1019 Regents Blvd, Suite 202 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: None PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Fircrest,WA 98466-6037 ACRE(if applicable) N/A TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS(if applicable) N/A 206)443-4684 david@halinenlaw.com NUMBER OF NEW DWELLING UNITS(if applicable): N/A Y:\cf\2293\070\TUP\Master Application(completed 10-30-2012).doc 1- 03/11 1 PROJECT INFORMATION (continued) NUMBER OF EXISTING DWELLING UNITS(if applicable): PROJECT VALUE: N/A N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF BUILDINGS(if applicable): N/A ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE(if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN(if applicable): N/A AQUIFIER PROTECTION.AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL AQUIFIER PROTECTION AREA TWO BUILDINGS(if applicable): N/A FLOOD HAZARD AREA(Portion of site) sq. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN(if applicable): N/A O GEOLOGIC HAZARD sq.ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS(if HABITAT CONSERVATION sq.ft. applicable): N/A SHORELINE STREAMS (Portion of site)sq.ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT(if applicable): N/A WETLANDS sq.ft. I LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included--see both(a)EXHIBIT E to ATTACHMENT 1 of the attached AFFIDAVIT OF OWNERSHIP and(b)Attachment 2 to the AFFIDAVIT OF OWNERSHIP] SITUATE IN THE SW&SE QUARTERS OF SECTION 17, TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP See the attached AFFIDAVIT OF OWNERSHIP and Attachments 1 and 2 thereto I,(Print Name/s) declare under penalty of perjury under the laws of the State of Date sate STATE OF WASHINGTON ) SS COUNTY OF KING I certify that I know or have satisfactory evidence that- Dated Notary(Print): My appointment expires: Y:\ct\2293\070\TUP\Master Application(completed 10-30-2012).doc 2- 03/11 AFFIDAVIT OF OWNERSHIP with respect to the"Old Stoneway Site") I, Gary M.Merlin, declare that: 1) I am a partner of AnMarCo, a Washington general partnership, the current owner of the "Old Stoneway Site" property, (a) the main portion of which is legally described in EXHIBIT E to the attached ATTACHMENT 1 copy of an instrument entitled BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS (entered into between AnMarCo and Ramac, Inc. pursuant to Chapter 58.04 RCW to resolve certain disputes between them) recorded under King County Recording No. 20090112001505, and (b) the small remaining portion of which is legally described in a QUIT CLAIM DEED to AnMarCo (a deed recorded to settle an adverse possession lawsuit) recorded under King County Recording No. 20110301000457 (see ATTACHMENT 2); 2) AnMarCo hereby executes this Affidavit of Ownership as owner of the "Old Stoneway Site"property; 3) I am authorized to execute this Affidavit of Ownership on behalf of AnMarCo; and 4) The foregoing statements and answers contained in the accompanying completed City of Renton Land Use Permit Master Application are in all respects true and correct to the best of my knowledge and belief. Gary M. rlino STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that GARY M. MERLIN() is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a partner of AnMarCo, a Washington general partnership,to be the free and voluntary act of such general partnership for the uses and purposes mentioned in the instrument. Dated this ' — day of October 201 . 0Aa : tG sig nna of notary) 61<IOM 10 ,0 ': GSA2tZ`f M. -vnJo cif', 7..: 1101A11y S. (print or type name of notary) NNOTARY PUBLIC in and for the State of AbV0o0 Washington, residing at SE4-rrv€ WA G. 4b4i! My Commission expires: Co— (— 2015. 1;4 WAS*\%0 ATTACHMENT 1 CONFORMED'COPY RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN-TO: AnMarCo 20090112001505 Attn: Donald-J.Merlin HALINEN'LAW 'OF GCD 155.00 9125-10th Avenue South 01/12/ i OF 024 1/!2/2009.34:32 Seattle,Washington 98108 KING COUNTY, WA Reference numbers.of related:documents: N/A Grantors: ANMARCO,a.Washington general,partnership, and RAMAC,INC.,.a Washingtoncorporation Grantees: RAMAC,.INC.,.a Washington corporation, and'.ANMARCO; a Washington general partnership Legal Description(abbreviated):' Ptns. SW1/4-and SE'/4, Sec. 17,Twp 23 N,R5E, W.M. Assessor's ParcelNos.: 1.72305-9026 and.172305-9103 BOUNDARY LINE.AND EASEMENT AGREEMENT AND QUIT'CLAIMS This BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS (this "Agreement"), dated De c..e, 44.is v, 31..,. 2008 for reference purposes only, is made. and.entered into.by and between ANMARCO, a Washington general partnership ("AnMarCo"); and RAMAC :INC., a Washington corporation.("Ramac"),with respect to the following facts. RECITALS• A. AnMarCo and Ramac are the owners:of abutting parcels of real property extending from the south side of SR169 (Maple Valley Highway)'to the north side of the Cedar River in.Renton,Washington. B. This Agreement is being entered into pursuant to Chapter 58.04 RCW 1 to resolve certain disputes between the parties that have arisen due to and regarding RCW 58.04.007-(Affected landowners may resolve dispute over location of•a point or line - Procedures)states: Whenever a point.or.line determining the boundary betweentwo or more.parcels of real.property cannot:be identified from the.existing.public'record;'monuments, and landmarks,or is.in.dispute,the landowners'affected by the determination:of:the.point or line may resolve any dispute and'.fix'the boundary point or line by one of the following procedures: 1) If all-of the•affected landowners agree to•a description:and marking of a point or line determining.a .boundary,.they shall document.the agreement in a written Agreement, .using appropriate legal.descriptions'.and including'a survey map,filed in accordance.with•chapter.58.09 RCW.The written Agreement shall'be signed and acknowledged'by each party'in the manner required:for-a:conveyance"of BOUNDARY LINEL1NE AND.EASEMENT AGREEMENT AND QUIT CLAIMS—Page 1 Y:\ct122931041\Fence Issue\Boundary Line and Easement Agreement Fl(DLH 1141-08 legal size).DOC 1)the erection more than ten years ago of a fence which AnMarCo installed that was not located on the boundary line between the subject properties described by recorded deeds and(2)the dominion over and use of areas of property along and near the fence by the parties on each of their respective sides of the fence for periods of more than ten years. C. The location of the line of the above-referenced fence has recently been surveyed and is depicted on the record of survey that has been contemporaneously recorded with this Agreement in Volume_of Surveys,Pages through under King County Recording Number the "Record of Survey") at the request of AnMarCo and Ramac. (The line of the existing fence as so surveyed and depicted is referred to herein as the"Existing Fence Line".) D. Upon all of the terms and provisions of this Agreement (including without limitation the grants of the various easements set forth in this Agreement),the parties are willing in this Agreement to settle their disputes by agreeing upon the true boundary between the parties' respective parcels of real property as being the line referred to as the "Agreed Common Boundary Line" that is legally described as set forth on both Sheet 2 of 2 of the Record of Survey and Exhibit C attached to this Agreement,which is a line that generally follows the Existing Fence Line. WHEREFORE, with respect to these facts, the parties agree, grant, convey, quit claim and covenant as follows: 1. Original Legal Descriptions. The original (i.e., pre-Agreement) legal description of AnMarCo's property is attached hereto as Exhibit A. The original (i.e., pre-Agreement) legal description of Ramac's abutting property is attached hereto as Exhibit B. 2. Agreement as to Boundary Line Between the Properties. Pursuant to RCW 58.04.007(1),AnMarCo and Ramac hereby resolve their disputes and fix the boundary line between their respective properties by agreeing that that boundary line is and hereafter shall be the line legally described on attached Exhibit C (the"Agreed Common Boundary Line"). 3. Agreement as to Revised Legal Descriptions of the Parties' Properties. In view of and consistent with the agreement set forth in section 2, above, and to clear title, (a) AnMarCo hereby conveys and quit claims to Ramac the real property legally described on attached Exhibit D (the "Revised Legal Description of the Ramac Property") together with after-acquired title and (b) Ramac hereby conveys and quit claims to AnMarCo the real property legally described on attached Exhibit E (the "Revised Legal Description of the AnMarCo Property") together with after-acquired title. The parties hereby agree that,upon the complete execution of this Agreement, (a) AnMarCo is the owner of the property set forth on the Revised Legal real property. The agreement is binding upon the parties,their successors,assigns, heirs and devisees and runs with the land.The agreement shall be recorded with the real estate records in the county or counties in which the affected parcels of real estate or any portion of them is located; 2)If all of the affected landowners cannot agree to a point or line determining the boundary between two or more parcels of real estate,any one of them may bring suit for determination as provided in RCW 58.04.020. Emphasis added.) BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS Page 2 Y:\cf12293\0411Fence Issue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC Description of the AnMarCo Property subject to matters of record (such property being hereinafter referred to as the"AnMarCo Property") and (b)Ramac is the owner of the property set forth on the Revised Legal Description of the Ramac Property subject to matters of record(such property being hereinafter referred to as the"Ramac Property"). 4. Ramac's Grant of an Ingress-Egress Easement to AnMarCo. Ramac hereby grants, conveys and warrants to AnMarCo a perpetual, non-exclusive easement over, under, along and across the strip of the Ramac Property legally described on attached Exhibit F (the `Emergency Ingress-Egress Easement Area", which is graphically depicted on attached Exhibit G) for emergency ingress to the AnMarCo Property from the Maple Valley Highway (SR 169) and emergency egress from the AnMarCo Property to the Maple Valley Highway (SR 169) (including without limitation emergency ingress and egress by emergency vehicles such as police cars, fire trucks and ambulances and by police, fire and ambulance personnel) at all times without obstruction, together with the right to at any time (or, as the case may be,from time-to-time): a) eliminate the existing curb that lies within and would partially block vehicle passage through the Emergency Ingress-Egress Easement Area (see attached Exhibit G for a depiction of the approximate location of the existing curb that is planned to be eliminated); b) widen to the north the existing paved area comprised of the existing driveway and the existing parking stalls lying within the Emergency Ingress-Egress Easement Area so that the widened paved area will fully encompass the entire Emergency Ingress- Egress Easement Area; c) maintain, repair and resurface the paved area (as it may be widened) lying within the Emergency Ingress-Egress Easement Area; d) eliminate the existing parking stall paint stripe lying within the Emergency Ingress-Egress Easement Area (see attached Exhibit 0); e) paint stripe any or all of the portion of the paved area(as it may be widened) lying within the Emergency Ingress-Egress Easement Area and paint on the surface of the driveway lettering indicating EMERGENCY DRIVEWAY--NO PARKING" (or such other lettering that may be required by the City of Renton in conjunction with development of the AnMarCo Property); f) install a curb along the south edge of the area that currently is the site of the two parking stalls lying within the Emergency Ingress- Egress Easement Area in order to discourage parking within that area(see attached Exhibit G for location of that new curb); and g) the right for the City to tow away to an impoundment facility any vehicles parked within the Emergency Ingress-Egress Easement Area. BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS Page 3 Y:1cfl229310411Fence Issue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC The above-described emergency ingress and emergency egress and the associated above-described rights are hereinafter collectively referred to as "Authorized Uses"). This easement shall exclude all use of the Emergency Ingress-Egress Easement Area by the owner of the Ramac Property(and all those persons using it by and through the owner of the Ramac Property, including without limitation the tenants and tenants' guests of the Ramac Property's owner)that would interfere with the Authorized Uses; provided,however,it shall not exclude Ramac's use of the Emergency Ingress-Egress Easement Area for any other purpose(including the installation of utilities)that would • not interfere with the Authorized Uses. This easement shall (a) run with the land, benefiting the AnMarCo Property and burdening the Emergency Ingress-Egress Easement Area, (b) be binding upon Ramac and its heirs, personal representatives, successors and assigns and(c) inure to the benefit of AnMarCo and its heirs,personal representatives, successors and assigns [as well as inure to the benefit the City of Renton in regard to (i) the right of emergency ingress to and egress from the AnMarCo Property by emergency vehicles such as police cars, fire trucks and ambulances and emergency personnel and (ii) the right to tow away to an impoundment facility any vehicles parked within the Emergency Ingress-Egress Easement Area once AnMarCo has assigned to the City of Renton such rights under this Agreement]. 5. Ramac's Grant of a Site Improvements Easement to AnMarCo. Realizing that (a) in order for the existing paved area noted in section 4, above,to be widened to the north edge of the Emergency Ingress-Egress Easement Area a curb may need to be installed just beyond the widened paved area's north edge within the area legally described on attached Exhibit H (the "Site Improvements Easement Area", which is graphically depicted on attached Exhibit I) (and, if the curb is an extruded curb, additional pavement widening to the north will be necessary to underlie and support the curb), (b) working space is necessary within the Site Improvements Easement Area for the widening of the existing paved area to the north edge of the Emergency Ingress-Egress Easement Area and for construction of any new curbing along the edge, and (c) other improvements may be required by the City of Renton within the Site Improvements Easement Area in conjunction with the widening of the existing paved area or otherwise as part of future development of the AnMarCo Property, Ramac hereby grants, conveys and warrants to AnMarCo a perpetual, non-exclusive easement over, under, along and across the Site Improvements Easement Area to allow: i) construction, use, maintenance, and repair of a curb beyond the widened paved area's north edge within the Site Improvements Easement Area (and, if the curb is an extruded curb, construction, use, maintenance, and repair of additional pavement widening to the north to underlie and support the curb);and ii) construction, use, maintenance, and repair of other improvements that may be required by the City of Renton within the Site Improvements Easement Area in conjunction with the widening of the existing paved area or otherwise as part of future development of the AnMarCo Property. This easement shall (a) run with the land,.benefiting the AnMarCo Property and burdening the Site Improvements Easement Area, (b) be binding upon Ramac and its BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS Page 4 Y:1cf 229310411Fence Issue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC heirs, personal representatives, successors and assigns, and (c) inure to the benefit of AnMarCo and its heirs,personal representatives, successors and assigns. 6. Ramac's Grant of a Utilities Easement to AnMarCo; AnMarCo's Covenant to Ramac. Ramac hereby grants, conveys and warrants to AnMarCo a perpetual, non-exclusive easement over, under, along and across the portion of the Ramac Property legally described on attached Exhibit J (the "Utilities Easement Area", which is graphically depicted on attached Exhibit K) for installation, use, maintenance, repair, and reconstruction of underground utilities, storm drains and appurtenances thereto (with the lids of any such appurtenances being hereby authorized to be installed at the ground surface) that are not in conflict with any existing utilities lying within the Utilities Easement Area that serve the Ramac Property or any future utilities that are installed prior to the installation of utilities by AnMarCo. This easement shall (a) run with the land, benefiting the AnMarCo Property and burdening the Utilities Easement Area, (b) be binding upon Ramac and its heirs, personal representatives, successors and assigns, and (c) inure to the benefit of AnMarCo and its heirs, personal representatives, successors and assigns. This easement provides AnMarCo and its heirs, personal representatives, successors and assigns the right to assign this easement (in whole or in part) or any rights under this easement at any time and from time-to-time to the City of Renton and/or to any other utility purveyor(s). In relation to this utilities easement, AnMarCo hereby covenants to Ramac that: a) AnMarCo shall provide Ramac with at least ten (10) days' prior written notice of AnMarCo's intention to enter upon the Utilities Easement Area to install, maintain, repair, or reconstruct underground utilities, storm drains and/or appurtenances within the Utilities Easement Area before commencing any event of such installation, maintenance, repair or reconstruction work, such notice being intended to provide Ramac with a reasonable amount of time to notify the tenant(s) of the Ramac Property that the parking stalls within the Utilities Easement Area lying south of the Emergency Ingress-Egress Easement Area (hereinafter referred to as the "Remaining Ramac Parking Stalls") will be temporarily unavailable for parking use);and b) AnMarCo shall: i) Complete each such event of installation, maintenance, repair or reconstruction work (each a "Work Event") not later than ten (10) business days following the commencement date of each such event within the Utilities Easement Area (each such period following each such commencement date being referred to herein as an Authorized Work Period")and ii) In conjunction with each Work Event restore the surface of the portion of the Utilities Easement Area disturbed by the Work Event to at least as good a condition as that which existed prior to the Work Event (provided, however, if weather conditions, ground temperature or BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS Page 5 Y:\cf122 9310 4 1\Fence lssue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC moisture conditions, or seasonal asphalt plant closures impair AnMarCo's ability to repave within the Authorized Work Period the portion of the Remaining Ramac Parking Stalls disturbed by the Work Event, then AnMarCo shall 1) provide temporary crushed rock surfacing or other suitable temporary surfacing to make the Remaining Ramac Parking Stalls usable by the end of the Authorized Work Period and (2) thereafter asphalt pave the disturbed portion of the Remaining Ramac Parking Stalls when conditions reasonably permit the paving to be performed. This covenant shall (1) run with the land, benefiting the Utilities Easement Area and burdening the AnMarCo Property, (2) be binding upon AnMarCo and its heirs, personal representatives, successors and assigns, and(3) inure to the benefit of Ramac and its heirs, personal representatives, successors and assigns. The obligations and liabilities of AnMarCo (or of a successor-in-interest to the AnMarCo Property) under this covenant accruing after the date of transfer of a fee interest in the AnMarCo Property to another party shall not be binding upon AnMarCo(or upon successor(s)-in- interest to the AnMarCo Property who have transferred a fee interest in the AnMarCo Property to another party) but shall instead be binding upon the transferee and AnMarCo (or successor(s)-in-interest who have transferred a fee interest in the AnMarCo Property to another party) shall be deemed to be released and discharged from any and all obligations and liabilities under this covenant except those damages or liabilities (if any) which have already accrued as of the date of the transfer to the third party. 7. AnMarCo's Grant of a Landscaping Easement to Ramac. AnMarCo hereby grants, conveys and warrants to Ramac a perpetual easement over, along and across the portion of the AnMarCo Property that is legally described on attached Exhibit L (the "Landscaping Easement Area", which is graphically depicted on attached Exhibit M) for planting and maintaining vegetative ground cover and low- growing shrubs (but not trees) for landscaping purposes; PROVIDED, HOWEVER, that,notwithstanding any planting by Ramac of any vegetative ground cover and low- growing shrubs within the Landscaping Easement Area, AnMarCo and its heirs, successors, personal representatives and assigns shall have the preeminent right which right may be assigned in whole or in part to the City of Renton)to at any time: a) Install, use, maintain and repair within the Landscaping Easement Area(i)a stormwater pond/facility to serve some or all of the AnMarCo Property (a "Storm Pond/Facility") and/or (ii) any and all storm drain pipes and other appurtenances to the Storm Pond/Facility("Appurtenances"); and b) Remove any vegetative ground cover, low-growing shrubs or other vegetation that AnMarCo deems necessary in relation to the exercise of the rights described in subsection (a), immediately above. In the event that AnMarCo and/or its heirs, successors, personal representatives and assigns ever exercise their above-stated preeminent rights, Ramac may thereafter plant and maintain vegetative ground cover and low-growing shrubs (but not trees)for landscaping purposes if and to the extent that doing so does not conflict with the BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS Page 6 Y:\cfl2293\041\Fence Issue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC Storm Pond/Facility and Appurtenances and any governmental conditions or requirements relating to the Storm Pond/Facility and Appurtenances. This easement shall (a) run with the land, benefiting the Ramac Property and burdening the Landscaping Easement Area, (b) be binding upon AnMarCo and its heirs, personal representatives, successors and assigns, and (c) inure to the benefit of Ramac and its heirs,personal representatives, successors and assigns. 8. AnMarCo's Right to Remove or Replace the Existing Fence. AnMarCo shall have the right to at any time remove or replace any or all of the Existing Fence. 9. No Other Rights. AnMarCo and Ramac hereby acknowledge and agree that, except as specifically set forth in this Agreement or in any other agreement or instrument recorded with the King County Recorder, (a) AnMarCo has no right to possess or use any portion of the Ramac Property and (b) Ramac has no right to possess or use any portion of the AnMarCo Property. 10. Partial Invalidity. If any provision of this Agreement is, becomes, or is deemed illegal, such provision shall be deemed amended to conform to applicable laws so as to be valid and enforceable, or, if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remainder thereof shall remain in full force and effect. 11. Entire Agreement. This Agreement contain the entire agreement between the parties relative to the subject matter contained herein and correctly sets forth the rights, duties, and obligations of the parties. No oral representations or modifications regarding this Agreement shall have any force or effect. 12. Headings. The section and paragraph headings in this Agreement are for the convenience of the parties only and are not intended to modify or define them in any way. 13. No Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties hereto,nor shall it cause them to be considered joint venturers or members of any joint enterprise. 14. Negotiation and Construction. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will,in all cases, be construed according to its fair meaning and not strictly for or against either party. 15. Agreement to Run With the Land. This Agreement and all of its terms and provisions shall run with the land constituting the AnMarCo Property and the Ramac Property and shall inure to the benefit of and be binding upon the parties and their respective successors, assigns,heirs, devisees and personal representatives. ANMARCO, a Washington general partnership By: ,,SiPw-eto ) t&Guar..4- Donald J.MdrlitE,Partner Dated: lam,,,6 3 r ,2008 BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS—Page 7 Y:\cf\2293\041\Fence Issue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC RAMAC, INC.,a Washington corporation c By: 23 Daniel C. Shane,President Dated: f — 200 STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that DONALD J.MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a partner of AnMarCo, a Washington general partnership, to be the free and voluntary act of such general partnership for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal this 3(s f'day of December,2008. QJ D\\;t /1<.Ah/i Signature f Notary) J /Oup M p7 gNq L. / I I. Q.VJ m Z Print or stamp name of Notary) A • ` y: s NOTARY PUBLIC in and for the State o, l 111 \\ of Washington,residing at cou. 0,0' 111,,,,,,,.' = My appointment expires: 3— (o-2.0((. STATE OF ViAS G ON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that DANIEL C. SHANE is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as president of RAMAC, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal this U1' day of u4v7 200q. 24, 4 _14toottOf46,1, Signature of Notary ze,Cle 1O"° ;t, Print or tamp name of Notary) 13 s NOTARY N NOTARY PUBLIC in and for the State 5 PUBLIC 0 0 of Washington,residing at Sa S3h . My appointment expires: jav, z 2_01D BOUNDARY LINE AND EASEMENT AGREEMENT AND QUIT CLAIMS—Page 8 Y:\ct\2293\041Wence Issue\Boundary Line and Easement Agreement Fl(DLH 11-11-08 legal size).DOC TRIAD JOB#06-075 NOVEMBER 06,2008 REVISED DECEMBER 5,2008 PRE-AGREEMENT LEGAL DESCRIPTION OF THE ANMARCO PROPERTY EXHIBIT A THOSE PORTIONS OF GOVERNMENT LOTS 4,6,AND 7, BEING A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF GOVERNMENT LOT 7,A DISTANCE OF 561.54 FEET TO THE SOUTHEAST CORNER OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON AND THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID STRIP OF LAND THE FOLLOWING COURSES AND DISTANCES: NORTH 43°36'56"WEST A DISTANCE OF 45.84 FEET; THENCE NORTH 45°13'07"WEST A DISTANCE OF 162.69 FEET; THENCE NORTH 45°01'03"WEST A DISTANCE OF 71.93 FEET; THENCE NORTH 44°48'32"WEST A DISTANCE OF 43.14 FEET; THENCE SOUTH 44°34'17"WEST A DISTANCE OF 18.55 FEET; THENCE NORTH 45°25'13"WEST A DISTANCE OF 97.58 FEET; THENCE NORTH 44°37'55"EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 44°56'28"WEST A DISTANCE OF 33.44 FEET; THENCE NORTH 44°05'34"WEST A DISTANCE OF 53.75 FEET; THENCE SOUTH 45°14'28"WEST A DISTANCE OF 3.00 FEET; THENCE NORTH 44°05'34"WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 45°14'28"EAST A DISTANCE OF 3.00 FEET; THENCE NORTH 44°05'34"WEST A DISTANCE OF 58.64 FEET; THENCE NORTH 43°03'39"WEST A DISTANCE OF 81.48 FEET; THENCE NORTH 42°20'14"WEST A DISTANCE OF 9.80 FEET; THENCE SOUTH 47°24'25"WEST A DISTANCE OF 3.04 FEET; THENCE NORTH 42°28'13"WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 47°24'25"EAST A DISTANCE OF 3.02 FEET; THENCE NORTH 42°20'15"WEST A DISTANCE OF 30.15 FEET; THENCE SOUTH 47°56'38"WEST A DISTANCE OF 2.00 FEET; THENCE NORTH 42°03'22"WEST A DISTANCE OF 15.04 FEET; THENCE NORTH 47°56'38"EAST A DISTANCE OF 2.00 FEET; THENCE NORTH 41°42'44"WEST A DISTANCE OF 52.17 FEET; THENCE NORTH 86°11'31"WEST A DISTANCE OF 19.84 FEET TO THE SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000366, RECORDS OF KING COUNTY,WASHINGTON; THENCE SOUTHWESTERLY,ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL AND THE SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000380 RECORDS OF KING COUNTY,WASHINGTON,ALONG THE FOLLOWING COURSES AND DISTANCES: SOUTH 47°51'06"WEST A DISTANCE OF 34.62 FEET; THENCE NORTH 42°08'54"WEST A DISTANCE OF 10.48 FEET; THENCE SOUTH 47°51'06"WEST A DISTANCE OF 3.44 FEET; THENCE SOUTHWEST ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 394.50 FEET THROUGH A CENTRAL ANGLE OF 04°35'00",A DISTANCE OF 31.56 FEET. THENCE NORTH 37°33'54"WEST A DISTANCE OF 4.50 FEET; THENCE SOUTHWEST ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 37°33'54"WEST HAVING A RADIUS OF 390.00 FEET THROUGH A CENTRAL ANGLE OF 18°08'11",A DISTANCE OF 123.45 FEET; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARIES SOUTH 47°51'38"WEST A DISTANCE OF 31.45 FEET; THENCE SOUTH 88°45'08"WEST A DISTANCE OF 251.95 FEET; THENCE SOUTH 39°43'43"WEST A DISTANCE OF 73.20 FEET; THENCE NORTH 78°45'32"WEST A DISTANCE OF 176.04 FEET; THENCE SOUTH 28°17'28"WEST A DISTANCE OF 410.47 FEET, MORE OR LESS,TO THE ORDINARY HIGH WATER LINE OF THE RIGHT BANK OF THE CEDAR RIVER; THENCE EASTERLY,ALONG SAID ORDINARY HIGH WATER LINE,TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7 WHICH BEARS SOUTH 1°08'15"WEST FROM THE POINT OF BEGINNING; THENCE NORTH 01°08'15"EAST A DISTANCE OF 204.49 FEET TO THE POINT OF BEGINNING. WRITTEN: LMM CHECKED: MSH gzerzo n- ,t` lliS4 N4e. uorpri,:) 21467 yo 9 ssir_ STW¢yam 111, Zlil G 12112 1151b Avenue NE Kirkland,Washington 98034-9623TK 1 8 425.821.8448.800.488.0756•Fax 425.821.3481 1OL L ASSOCIATES w.wwtriadassodates.net Land Development COt15U1t0h.S TRIAD JOB#06-075 NOVEMBER 06,2008 REVISED DECEMBER 5,2008 PRE-AGREEMENT LEGAL DESCRIPTION OF THE RAMAC, INC. PROPERTY EXHIBIT B LEGAL DESCRIPTION FROM STEWART TITLE GUARANTY COMPANY,TITLE COMMITMENT,ORDER NUMBER 208166071, DATED APRIL 8, 2008) THAT PORTION OF GOVERNMENT LOTS 8 AND 9 AND THE DRY RIVER BED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT LOT 8 WITH THE SOUTHERLY MARGIN OF THE RENTON-MAPLE VALLEY HIGHWAY AS SAID SOUTHERLY MARGIN EXISTED PRIOR TO AN ACTION FOR CONDEMNATION OF RIGHT- OF-WAY FOR S.R.-169 IN KING COUNTY SUPERIOR COURT CAUSE NO.761406; THENCE NORTH 56°43'47'WEST ALONG SAID MARGIN 546.36 FEET TO A POINT OF CURVE; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 11,489.2 FEET AN ARC DISTANCE OF 348.02 FEET TO A POINT HEREINAFTER CALLED POINT"A"; THENCE SOUTH 06°44'03"WEST 390 FEET; THENCE NORTH 83°15'57"WEST 64 FEET; THENCE NORTH 23°15'57"WEST 469.42 FEET; THENCE NORTH 66°44'03"EAST 38.49 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 100 FEET DISTANT SOUTHWESTERLY FROM THE SOUTHWESTERLY MARGIN OF SAID RENTON-MAPLE VALLEY HIGHWAY AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1562.69 FEET A DISTANCE OF 105.98 FEET, MORE OR LESS,TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 5 FEET DISTANT FROM THE NORTHWESTERLY WALL OF THE MOST WESTERLY BUILDINGS; THENCE SOUTH 66°44'03"WEST ALONG SAID PARALLEL LINE TO THE NORTHEASTERLY BANK OF THE CEDAR RIVER; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY BANK TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTHWESTERLY MARGIN OF S.R.-169 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.761406; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY MARGIN OF SAID S.R.-169 TO A POINT WHICH BEARS SOUTH 06°44'03"WEST FROM THE AFOREMENTIONED POINT A"; THENCE SOUTH 06°44'03"WEST TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 110 FEET DISTANT SOUTHWESTERLY FROM THE SOUTHWESTERLY MARGIN OF SAID RENTON-MAPLE VALLEY HIGHWAY; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE TO A POINT WHICH BEARS SOUTH 66°44'03"WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66°44'03"EAST TO THE TRUE POINT OF BEGINNING. WRITTEN BY: LMM CHECKED BY: MSH 1 lam.S•.14.9.{R 'Pg xiy tt. jJL, iR LIJ: :n- •off rox•,, 4 21467 ass.' Af,SL,S. p0 ` 4. la'S'SsSSSSSrS>»fPf2Z2?7"1 12112 115w Avenue NE Kirkland,Washington 98034-9623r?RIAD 425.821.8448.800.488.0756•Fax 425.821.3481 ASSOCIATES vwwvtriadassodates.net Land Develo meet Consultants ' r TRIAD JOB#06-075 NOVEMBER 06,2008 REVISED DECEMBER 5,2008 LEGAL DESCRIPTION OF THE"AGREED COMMON BOUNDARY LINE" EXHIBIT C COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 17,'TOWNSHIP 23 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 IN SECTION 17; THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 561.54 FEET TO THE SOUTHEAST CORNER OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON AND THE POINT OF BEGINNING OF THE LINE HEREIN DESCRIBED; THENCE NORTH 43°36'56"WEST,ALONG THE SOUTHWESTERLY LINE OF SAID CITY OF RENTON TRACT,33.81 FEET TO AN INTERSECTION WITH THE NORTHERLY PROJECTION OF AN EXISTING FENCE; THENCE ALONG SAID FENCE THE FOLLOWING 14 COURSES AND DISTANCES: THENCE SOUTH 03°48'48"EAST,21.14 FEET; THENCE SOUTH 03°09'34"WEST,24.54 FEET; THENCE SOUTH 00°40'25"EAST,56.39 FEET; THENCE SOUTH 01°47'52"EAST,32.22 FEET; THENCE SOUTH 28°28'36"EAST, 31.94 FEET; THENCE SOUTH 86°05'30"EAST, 11.68 FEET; THENCE SOUTH 46°07'13"EAST, 10.07 FEET; THENCE SOUTH 32°15'04"EAST, 9.90 FEET; THENCE SOUTH 23°06'52"EAST,20.37 FEET; THENCE SOUTH 20°04'33"EAST, 10.70 FEET; THENCE SOUTH 55°58'38"WEST,9.81 FEET; THENCE SOUTH 60°06'50"WEST, 10.27 FEET; THENCE SOUTH 68°03'20"WEST, 9.72 FEET; THENCE LEAVING SAID FENCE SOUTH 67°57'27"WEST,8.01 FEET TO A POINT ON SAID EAST LINE OF GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"WEST,ALONG SAID EAST LINE,4.49 FEET MORE OR LESS TO THE ORDINARY HIGH WATER LINE OF THE CEDAR RIVER AND THE TERMINUS OF THE LINE HEREIN DESCRIBED. WRITTEN: LMM CHECKED: MSH 1- S. 11P! e I P `eCC' { L ' 4 . v G, l ; moo;; 2146 4 o,t:i 1. 1.I-- 4, \N\ ii TT T T1 121 12 115°i Avenue NE lQrkland.Washington 98034-9623 1K`ll`L1,IL 425.821.8448.800.488.0756•Fax 425.821.3481 ASSOCIATES www.Diadessodates.net r:a x y r,, Land Development Cons'ultarits 7 TRIAD JOB#06-075 NOVEMBER 06,2008 REVISED DECEMBER 5,2008 REVISED LEGAL DESCRIPTION OF THE RAMAC, INC. PROPERTY EXHIBIT D THAT PORTION OF GOVERNMENT LOTS 8 AND 9 AND THE DRY RIVER BED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT LOT 8 WITH THE SOUTHERLY MARGIN OF THE RENTON-MAPLE VALLEY HIGHWAY AS SAID SOUTHERLY MARGIN EXISTED PRIOR TO AN ACTION FOR CONDEMNATION OF RIGHT-OF- WAY FOR S.R.-169 IN KING COUNTY SUPERIOR COURT CAUSE NO. 761406; THENCE NORTH 56°43'47"WEST ALONG SAID MARGIN 546.36 FEET TO A POINT OF CURVE; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 11,489.2 FEET AN ARC DISTANCE OF 348.02 FEET TO A POINT HEREINAFTER CALLED POINT"A'; THENCE SOUTH 06°44'03"WEST 390 FEET; THENCE NORTH 83°15'57"WEST 64 FEET; THENCE NORTH 23°15'57"WEST 469.42 FEET; THENCE NORTH 66°44'03"EAST 38.49 FEET, MORE OR LESS,TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 100 FEET DISTANT SOUTHWESTERLY FROM THE SOUTHWESTERLY MARGIN OF SAID RENTON-MAPLE VALLEY HIGHWAY AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1562.69 FEET A DISTANCE OF 105.98 FEET, MORE OR LESS,TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 5 FEET DISTANT FROM THE NORTHWESTERLY WALL OF THE MOST WESTERLY BUILDINGS; THENCE SOUTH 66°44.'03"WEST ALONG SAID PARALLEL LINE TO THE NORTHEASTERLY BANK OF THE CEDAR RIVER; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY BANK TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTHWESTERLY MARGIN OF S.R- 169 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.761406; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY MARGIN OF SAID S.R-169 TO A POINT WHICH BEARS SOUTH 06°44'03"WEST FROM THE AFOREMENTIONED POINT"A"; THENCE SOUTH 06°44'03"WEST TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 110 FEET DISTANT SOUTHWESTERLY FROM THE SOUTHWESTERLY MARGIN OF SAID RENTON-MAPLE VALLEY HIGHWAY; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE TO A POINT WHICH BEARS SOUTH 66°44'03"WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66°44'03"EAST TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY,WASHINGTON THENCE NORTH 89°45'17"EAST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7, 561.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 01°08'15"WEST, 138.06 FEET; THENCE NORTH 86°05'30"WEST, 3.63 FEET; THENCE NORTH 28°28'36"WEST, 31.94 FEET; THENCE NORTH 01°47'52"WEST, 32.22 FEET; THENCE NORTH 00°40'25"WEST, 56.39 FEET; THENCE NORTH 03°09'34"EAST,24.54 FEET; THENCE NORTH 03°48'48"WEST,21.14 FEET TO THE SOUTH LINE OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON; THENCE SOUTH 43°36'56"EAST,ALONG SAID SOUTH LINE,33.81 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2,955 SQUARE FEET OF LAND MORE OR LESS EXCEPT THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.,KING COUNTY,WASHINGTON THENCE NORTH 89°45'17"EAST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7,699.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°05'30"EAST,8.05 FEET; THENCE SOUTH 46°07'13"EAST, 10.07 FEET; THENCE SOUTH 32°15'04"EAST,9.90 FEET; THENCE SOUTH 23'06'52"EAST,20.37 FEET; THENCE SOUTH 20°04'33"EAST, 10.70 FEET; THENCE SOUTH 55°58'38"WEST, 9.81 FEET; THENCE SOUTH 60°06'50"WEST, 10.27 FEET; THENCE SOUTH 68°03'20"WEST,9.72 FEET; THENCE SOUTH 67°57'27"WEST,8.01 FEET TO SAID EAST LINE OF LOT 7; THENCE NORTH 01°08'15"EAST,61.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,340 SQUARE FEET OF LAND, MORE OR LESS. WRITTEN BY: LMM CHECKED BY: MSH 44-: ViAs114, 1?;490k‘sfir.„0., erzy- c4..cov. s... i... F.,: TT NNI_ o e 21467 E9,. - s/ O',11,,114414 SJ4 12112 115m Avenue NE Kirkland,Washington 98034-9623TRIAD425.821.8448.800.488.0756•Fax 425.8213481 ASSOCIATES wwwtrladassociates.net Land Development Consultants TRIAD JOB#06-075 NOVEMBER 06,2008 REVISED DECEMBER 5,2008 REVISED LEGAL DESCRIPTION OF THE ANMARCO PROPERTY EXHIBIT E THOSE PORTIONS OF GOVERNMENT LOTS 4,6,AND 7,BEING A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89°45'17"WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF GOVERNMENT LOT 7,A DISTANCE OF 561.54 FEET TO THE SOUTHEAST CORNER OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECQRDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON AND THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID STRIP OF LAND THE FOLLOWING COURSES AND DISTANCES: NORTH 43°36'56"WEST A DISTANCE OF 45.84 FEET; THENCE NORTH 45°13'07"WEST A DISTANCE OF 162.69 FEET; THENCE NORTH 45°01'03"WEST A DISTANCE OF 71.93 FEET; THENCE NORTH 44°48'32"WEST A DISTANCE OF 43.14 FEET; THENCE SOUTH 44°34'17"WEST A DISTANCE OF 18.55 FEET; THENCE NORTH 45°25'13"WEST A DISTANCE OF 97.58 FEET; THENCE NORTH 44°37'55"EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 44°56'28"WEST A DISTANCE OF 33.44 FEET; THENCE NORTH 44°05'34"WEST A DISTANCE OF 53.75 FEET; THENCE SOUTH 45°14'28"WEST A DISTANCE OF 3.00 FEET; THENCE NORTH 44°05'34"WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 45°14'28"EAST A DISTANCE OF 3.00 FEET; THENCE NORTH 44°05'34"WEST A DISTANCE OF 58.64 FEET; THENCE NORTH 43°03'39"WEST A DISTANCE OF 81.48 FEET; THENCE NORTH 42°20'14"WEST A DISTANCE OF 9.80 FEET; THENCE SOUTH 47°24'25"WEST A DISTANCE OF 3.04 FEET; THENCE NORTH 42°28'13"WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 47°24'25"EAST A DISTANCE OF 3.02 FEET; THENCE NORTH 42°20'15"WEST A DISTANCE OF 30.15 FEET; THENCE SOUTH 47°56'38"WEST A DISTANCE OF 2.00 FEET; THENCE NORTH 42°03'22"WEST A DISTANCE OF 15.04 FEET; THENCE NORTH 47°56'38"EAST A DISTANCE OF 2.00 FEET; THENCE NORTH 41°42'44"WEST A DISTANCE OF 52.17 FEET; THENCE NORTH 86°11'31"WEST A DISTANCE OF 19.84 FEET TO THE SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000366, RECORDS OF KING COUNTY,WASHINGTON; THENCE SOUTHWESTERLY,ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL AND THE SOUTHEASTERLY BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000380 RECORDS OF KING COUNTY,WASHINGTON,ALONG THE FOLLOWING COURSES AND DISTANCES: SOUTH 47°51'06"WEST A DISTANCE OF 34.62 FEET; THENCE NORTH 42°08'54"WEST A DISTANCE OF 10.48 FEET; THENCE SOUTH 47°51'06"WEST A DISTANCE OF 3.44 FEET; THENCE SOUTHWEST ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 394.50 FEET THROUGH A CENTRAL ANGLE OF 04°35'00",A DISTANCE OF 31.56 FEET. THENCE NORTH 37°33'54"WEST A DISTANCE OF 4.50 FEET; THENCE SOUTHWEST ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 37°33'54"WEST HAVING A RADIUS OF 390.00 FEET THROUGH A CENTRAL ANGLE OF 18°08'11",A DISTANCE OF 123.45 FEET; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARIES SOUTH 47°51'38"WEST A DISTANCE OF 31.45 FEET; THENCE SOUTH 88°45'08"WEST A DISTANCE OF 251.95 FEET; THENCE SOUTH 39°43'43"WEST A DISTANCE OF 73.20 FEET; THENCE NORTH 78°45'32"WEST A DISTANCE OF 176.04 FEET; THENCE SOUTH 28°1T28"WEST A DISTANCE OF 410.47 FEET,MORE OR LESS,TO THE ORDINARY HIGH WATER LINE OF THE RIGHT BANK OF THE CEDAR RIVER; THENCE EASTERLY,ALONG SAID ORDINARY HIGH WATER LINE,TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7 WHICH BEARS SOUTH 1°08'15°WEST FROM THE POINT OF BEGINNING; THENCE NORTH 01°08'15"EAST A DISTANCE OF 204.49 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.,KING COUNTY,WASHINGTON; THENCE NORTH 89°45'17"EAST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7,699.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°05'30"EAST,8.05 FEET; THENCE SOUTH 48°07'13"EAST, 10.07 FEET; THENCE SOUTH 32°15'04"EAST,9.90 FEET; THENCE SOUTH 23'06'52"EAST,20.37 FEET; THENCE SOUTH 20°04'33"EAST, 10.70 FEET; THENCE SOUTH 55°58'38"WEST, 9.81 FEET; THENCE SOUTH 60°06'50"WEST, 10.27 FEET; THENCE SOUTH 68°03'20"WEST, 9.72 FEET; THENCE SOUTH 67°57'27"WEST, 8.01 FEET TO SAID EAST LINE OF LOT 7; THENCE NORTH 01°08'15"EAST,61.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,340 SQUARE FEET OF LAND, MORE OR LESS. EXCEPT THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY,WASHINGTON THENCE NORTH 89°45'17"EAST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7,561.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE,SOUTH 01°08'15"WEST 138.06 FEET; THENCE NORTH 86°05'30"WEST, 3.63 FEET; THENCE NORTH 28°28'36"WEST,31.94 FEET; THENCE NORTH 01°47'52"WEST, 32.22 FEET; THENCE NORTH 00°40'25"WEST, 56.39 FEET; THENCE NORTH 03°09'34"EAST,24.54 FEET; THENCE NORTH 03°48'48"WEST, 21.14 FEET TO THE SOUTH LINE OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON; THENCE SOUTH 43°36'56"EAST,ALONG SAID SOUTH LINE, 33.81 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2,955 SQUARE FEET.OF LAND MORE OR LESS WRITTEN BY: LMM CHECKED BY: MSH e2227 S kR rg 11, QC Asf;sort (t F " 1 rl:/ F y ii:/.J •• o,,I., h 2.1;67 O `4> 1 12112 I I5th Avenue NE IGrtdand.Washington 98034-9623TK1AD425.821.8448.800.488.0756•Fax 425.8213481 ASSOCIATES www.triadassodates.net Land Development Consultants• I,„; fi EXHIBIT H TRIAD JOB#06-075 LEGAL DESCRIPTION OF"SITE IMPROVEMENTS EASEMENT AREA" November 6,2008 THOSE PORTIONS OF GOVERNMENT LOTS 7 AND 8, BEING A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 552.82'FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 41°49'14"EAST,7.45 FEET; THENCE SOUTHWEST ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS NORTH 41°49'14"WEST, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 66°57'55",A DISTANCE OF 29.22 FEET; THENCE NORTH 03°09'34"EAST,4.24 FEET; THENCE NORTH 03°48'48"WEST,21.14 FEET TO THE SOUTH LINE OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON; THENCE SOUTH 43°36'56"EAST,ALONG SAID SOUTH LINE,33.81 FEET TO THE SOUTHEAST CORNER OF SAID STRIP; THENCE NORTH 01°08'15"EAST,8.71 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 343 SQUARE FEET OF LAND MORE OR LESS. WRITTEN: LMM CHECKED:NAY o WA k' Lp•. is 7. 0• 1= 86 '' ss•01Snit'.• ih ON•AL LAND 6 rt7 t Y 12112 115u'Avenue NE Kirkland,Washington 98034-9623 TT't A D 425.821.8448.800.488.0756•Fax 425.821.3481 1K ILLl1 www.eladassodates.net ASSOCIATES Land Development Consultants THENCE EASTERLY,ALONG SAID ORDINARY HIGH WATER LINE,TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7 WHICH BEARS SOUTH 1°08'15°WEST FROM THE POINT OF BEGINNING; THENCE NORTH 01°08'15"EAST A DISTANCE OF 204.49 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.,KING COUNTY,WASHINGTON; THENCE NORTH 89°45'17"EAST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7,699.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°05'30"EAST,8.05 FEET; THENCE SOUTH 46°07'13"EAST, 10.07 FEET; THENCE SOUTH 32°15'04"EAST,9.90 FEET; THENCE SOUTH 23°06'52"EAST,20.37 FEET; THENCE SOUTH 20°04'33"EAST, 10.70 FEET; THENCE SOUTH 55°58'38"WEST, 9.81 FEET; THENCE SOUTH 60°06'50"WEST, 10.27 FEET; THENCE SOUTH 68°03'20"WEST, 9.72 FEET; THENCE SOUTH 67°57'27"WEST, 8.01 FEET TO SAID EAST LINE OF LOT 7; THENCE NORTH 01°08'15"EAST,61.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,340 SQUARE FEET OF LAND, MORE OR LESS. EXCEPT THAT PARCEL OF LAND THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY,WASHINGTON THENCE NORTH 89°45'17"EAST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 1325.66 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 17; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7,561.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE,SOUTH 01°08'15"WEST 138.06 FEET; THENCE NORTH 86°05'30"WEST,3.63 FEET; THENCE NORTH 28°28'36"WEST,31.94 FEET; THENCE NORTH 01°47'52"WEST, 32.22 FEET; THENCE NORTH 00°40'25"WEST, 56.39 FEET; THENCE NORTH 03°09'34"EAST, 24.54 FEET; THENCE NORTH 03°48'48"WEST,21.14 FEET TO THE SOUTH LINE OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON; THENCE SOUTH 43°36'56"EAST,ALONG SAID SOUTH LINE,33.81 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2,955 SQUARE FEET.OF LAND MORE OR LESS WRITTEN BY: LMM CHECKED BY: MSH ii, 4.:..6 c 41'A SVC/1. eof4' ...e' ...01, 4.4 11,f(/' 1"(/*/,ii! oa 21 167 4) 0 TT'TAT 12112 1 15'"Avenue NE Kirkland.Washington 98034-9623 l tLL/11 J 425.821.8448.800.488.0756•Fax 425.8213481 ASSOCIATES www.triadassociates.net Land,Development Consultants EXHIBIT F TRIAD JOB#-06-075 LEGAL DESCRIPTION OF"EMERGENCY November 6,2008 INGRESS-EGRESS EASEMENT AREA" THOSE PORTIONS OF GOVERNMENT LOTS 7 AND 8, BEING A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF GOVERNMENT LOT 7,A DISTANCE OF 552.82'FEET; THENCE SOUTH 41°49'14"EAST,7.45'FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 41°49'14"EAST,25.00 FEET; THENCE SOUTHWEST ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS NORTH 41°49'14"WEST HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 42°57'29",A DISTANCE OF 37.49 FEET; THENCE SOUTHWEST ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 25°04'35",A DISTANCE OF 10.94 FEET. THENCE NORTH 00°40'25"WEST,9.24 FEET; THENCE NORTH 03°09'34"EAST,20.30 FEET; THENCE EASTERLY ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 25°08'41"EAST, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 66°57'55", A DISTANCE OF 29.22 FEET TO THE TRUE POINT OF BEGINNING CONTAINING:984 SQUARE FEET OF LAND, MORE OR LESS. WRITTEN: LMM CHECKED: NAY C7h c'AWA Sj4•t,f' I 0 o.. 1•..6 s ALS VOID• s S3 a 4 pe 12112 1 I SQ1 Avenue NE Kirkland.Washington 98034A623Alum)425.821.8448.800.488.0756•Fax 425.821.3481 immttladassodates.net SOCIATES Land pevelopment Consultants TRIAD JOB#06-075 EXHIBIT G NOVEMBER 11,2008 DEPICTION OF "EMERGENCY INGRESS-EGRESS EASEMENT AREA" N-- N89417"W / L ) 325.66' POC I 4(1 se F+ co S ti0 oi m I Si0 4' yo41111.111 2c SCALE: 1" = 10' I Gi, y 0 5 10 20 3 Cyr T 4 o I P/53 EMERGENCY N INGRESS-EGRESS I I 6'+ 1 EASEMENT AREA j O,pG J CROSSHATCHED)y F*, PORTION OF AGREED s / TPOB 7'o9j' COMMON BOUNDARY L-29.22' 0 q, LINE (GENERALLY R=25.00' it 9 FOLLOWING EXISTING 66'57'55"f FENCE LINE) % Vp"II"0 v111 lll., tiok o ,/ I411ii1 rII NI PorillllIIIIIIIP 0 111110111111111111111ll/II/P N. I l/IH11 il;1 RAMAC R=50.00' uj nlgtl• PROPERTY A=42'57'29" 1 LEGEND L=10.94' ^ ---- PORTION OF EXISTING m R=25.00' CURB THAT ANMARCO r MAY ELIMINATE AT 0 A=25.04'35" 0 ANY TIME ANMARCO z j LOCATION OF NEW PROPERTY v~i CURB THAT ANMARCO MAY INSTALL AT ANY x w TIMEwz EXISTING PARKING - ---- EXISTING PAINT STRIPE STALL (TYPICAL) Li THAT ANMARCO MAY ELIMINATE AT ANY TIME EXISTING PAINT STRIPE DEFINING EDGE OF PARKING STALL (TYPICAL) TRIAD 12112 115th Avenue N.E. Kirkland, Washington 96034-6929 425.821.8448 — 800.488.0756 — Fox 425.821.3481 ASSOCIATES www.triadassoclotes.net Land Doxioprotant Comfit tni @ TRIAD JOB#06-075 EXHIBIT I NOVEMBER 11,2008 DEPICTION OF THE "SITE IMPROVEMENTS EASEMENT AREA" 17 16 Ni- N89'45'17"W 1325.66' 1 POC 1 L., 1N 41 in SITE IMPROVEMENTS F}y` +% 5. 90 EASEMENT AREA c F` o 'x ( HATCHED) I_ CG L inIw ti 1.3 P TP08 S,p pC53/. ( OV7 0,0, 4.24' i 0e, ° 2rr 9 9f- 4 66'57'55' R2 R!. 74, PORTION OF AGREED COMMON BOUNDARY LINE (GENERALLY FOLLOWING EXISTING FENCE LINE) ANMARCO RAMAC PROPERTY PROPERTY N I- 0 F- I 0 WZ J W A 1 SCALE: 1" = 10 0 5 10 20 I rJJJ1\JJ 12112 115th Avenue N.E. Kirkland. Washington 98034-6929 425.821.8448 — 800.458.0756 — Fox 425.821.3481 ASSOCIATES www.triadassociates.net L J ® 8©p oi1l_6 u t t i EXHIBIT J TRIAD JOB#06-075 LEGAL DESCRIPTION OF"UTILITIES EASEMENT AREA" November 6,2008 THAT PORTION OF GOVERNMENT LOT 7, BEING A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"EAST,ALONG THE EAST LINE OF SAID LOT 7,561.53 FEET TO THE SOUTHEAST CORNER OF THAT STRIP OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20070716001845, RECORDS OF KING COUNTY,WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE,CONTINUING ALONG SAID EAST LINE,SOUTH 01°08'15"WEST 138.06 FEET; THENCE NORTH 86°05'30"WEST,3.63 FEET; THENCE NORTH 28°28'36"WEST,31.94 FEET; THENCE NORTH 01°47'52"WEST,32.22 FEET; THENCE NORTH 00°40'25"WEST,56.39 FEET; THENCE NORTH 03°09'34"EAST,24.54 FEET; THENCE NORTH 03°48'48"WEST,21.14 FEET TO THE SOUTH LINE OF SAID STRIP OF LAND CONVEYED TO THE CITY OF RENTON; THENCE SOUTH 43°36'56"EAST,ALONG SAID SOUTH LINE,33.81 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2,955 SQUARE FEET OF LAND MORE OR LESS WRITTEN: LMM CHECKED:NAY 1 r ieF•' WAs ;? % i i A•' i eZigr s'O L944:1 .1T,nNvg Q 12112 115°1 Avenue NE Kirkland Washington 98034A623r?IRJJ\D 425.821.8448.800.488.0756•Fax 425.821.3481 www.triadassodates.net ASSOCIATES Land Development Consultants TRIAD JOB#06-075 EXHIBIT K NOVEMBER 11,2008 DEPICTION OF THE "UTILITIES EASEMENT AREA" 17 ro 16il.N89'45.17"W 1325.66' POC Z lF J.•11••1•.11 lt 9,0*:1 11••1.1• / v•.••.••••*• Af,.. 1 •.1_!••.aa._ _ i Ve,4 I„V.V.•4••••••••• Oto,II),.,1\II PORTION OF AGREED I t•0• p•44%1 F 74, Ff J COMMON BOUNDARY LINE • 4+••4. 4.•••• .. '••• GENERALLY FOLLOWING 4•• O•A4.1 L Zc J EXISTING FENCE LINE)s•1.... I— •*•.4 O i 4144 4 VI Q .•.t y ` r/ p GRAB z 441I•c+; to 7,..f..* ANMARCO 44.• 1 a •; PROPERTY CC •• CO g ;I•V•O'•i,, w , EXISTING PAVED AREA W i•O'1 , (DRIVEWAY AND PARKING STALLS) MO! el i• Ns*,•I., -,i w RAMAC t,,;I,;• w $•,41 rn PROPERTY Z g.40•111.141 SCALE: 1 = 20' k. 4;•;•; •3;•;• 0 10 20 40 iii+ii~i•i•iiii LINE TABLE Lq i,, ••••••••4 LINE LENGTH BEARING i L3 EXISTING BUILDING L7 21.14'NO3'48'48"W 441 I•,•,4L224.54' NO3'09'34' E L3 3.63'S86'05'30"E It RIAD ASSOCIATES 12112 115th Avenue N.E. Kirkland, Washington 98034-6929 425.821.8448 — 800.488.0756 — Fax 425.821.3481 www.triadassociates.net Lend Dove,I®p¢iific t ©©MIllOtitl It@ EXHIBIT L TRIAD JOB#06-075 LEGAL DESCRIPTION OF"LANDSCAPING EASEMENT AREA' November 6,2008 THAT PORTION OF GOVERNMENT LOT 8 AND THE DRY RIVER BED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 17; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF GOVERNMENT LOT 7,A DISTANCE OF 552.82'FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 1325.66 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 8; THENCE SOUTH 01°08'15"EAST,ALONG THE WEST LINE OF SAID LOT 8,699.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°05'30"EAST,8.05 FEET; THENCE SOUTH 46°07'13"EAST, 10.07 FEET; THENCE SOUTH 32°15'04"EAST,9.90 FEET; THENCE SOUTH 23°06'52"EAST,20.37 FEET; THENCE SOUTH 20°04'33"EAST, 10.70 FEET; THENCE SOUTH 55°58'38"WEST,9.81 FEET; THENCE SOUTH 60°06'50"WEST, 10.27 FEET; THENCE SOUTH 68°03'20"WEST,9.72 FEET; THENCE SOUTH 67°5T27"WEST,8.01 FEET TO SAID WEST LINE OF LOT 8; THENCE NORTH 01°08'15"EAST,61.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,340 SQUARE FEET OF LAND, MORE OR LESS. WRITTEN:LMM CHECKED:NAY I A:•ING 0. i J . V * TERM•t. lO#AL LAB S hN". N's1\\" iiiiiea 12112 115th Avenue NE Kirkland Washington 98034-9623 TlI`ITTAJ425.821.8448.800.488.0756•Fax 425.821.3481 lLl 1. J www.triadassoriates.net ASSOCIATES Land Development Consultants TRIAD JOB#06-075 EXHIBIT M NOVEMBER 11,2008 DEPICTION OF THE "LANDSCAPING EASEMENT AREA" 17,116 ri-- N89'45'17"W 1325.66' POC r in of W EXISTING BUILDING 0 TPOB S86'05'30"E t4S s' PORTIONS OF AGREED—g ,,,,,,,, , COMMON BOUNDARY LINE ,,+,,,,,,, 4, GENERALLY FOLLOWING ,,,,,,,,,,v'r,`9 EXISTING FENCE LINE) ,,,,,r,,,, iy.i9p ID ,•,I,I,,,,,, I,,,I,,,I,, tsts.s.p.ststs a0 O , , A"•UtgIAIAtt#Att,t RAMACVS,v vNyvtsvt,v PROPERTY iskst.s.m.AAAA. s.v LANDSCAPAING REA EASEMENT , N ANMARCO 1 ao 0 PROPERTY *********5‘ w 1 444444S$S$Se• o $ , ,, S$S$S$S$V 0 d 44#: 6 ,S,VS,*#S$S, cP 3 s60°912 el.61"2:1' SCALE: 1" = 10' 0 5 10 20 IMEMININMENNII4 TRIAD 12112 115th Avenue N.E. Kirkland, Washington 98034-6929 425.821.8448 — 800.488.0756 — Fox 425.821.3481 ASSOCIATES www.triadossociotes.net Ld Davaiwafflit ©orim0t t 20110301000457.001 • ATTACHMENT 2 Recorded at the request of; 1111111111111111111111afterrecordingreturnto: Williams, Kastner&Gibbs,PLLC 20110301000457 CHICAGO TITLE QCD 64.00 601 Union Street, Suite 4100 PAGE-001 OF 003 13 Seattle, WA 98101-2380 KINGiCOUNTY, U Attention: Marshall Ferguson E2480532 03/01/2011 11:I3 KING COUNTY, !IA SALET 10.00 0.00 PAGE-001 OF 001 SPACE ABOVE FOR AUDITOR'S USE ONLYa, DOCUMENT Quit Claim Deed libP(9 TITLE: NAMES OF Honeywell International, Inc. GRANTOR(S): NAME OF AnMarCo GRANTEE(S): ABBREVIATED Portion of Gov't. Lot 6,Section 17,Township 23 N, Range 5 E LEGAL DESCRIPTION: See p. 2 for full legal.) ASSESSOR'S 172305-9026 PROPERTY TAX CHICAGOlII'LE(&SUAANCECOMPAN PARCEL has placed the documental record as a customer courtesyACCOUNTandacceptsnoliabilityfor NUMBER(S): the accuracy or validi!y oftiedsx:nrnent 2825693.2 20110301000457 002 QUIT CLAIM DEED Grantor, I•loneywell International Inc.,a Delaware corporation,successor to AlliedSignal, Inc., which is a successor to Allied-Signal Inc,, which is a successor to Allied Corporation, which is a successor to Bunker Ramo-Eltra Corporation, and which is a successor to Eltra Corporation, for and in consideration to clear title, conveys and quit claims to Grantee, AnMarCo, a Washington general partnership consisting of Gary M. Merlin and Donald J. Merlino, any and all right, title, and interest Grantor has or may claim to have in the following described real estate situated in the County of King, State of Washington: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 17,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF THE PRESENT CHANNEL OF THE CEDAR RIVER AND LYING SOUTHERLY OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY IN CAUSE NO 90072 ON FEBRUARY 6, 1913 WITNESS Grantor's hands this a 17‘ day of Yeh/Ary 2011. HONEYWELL INTERNATIONAL INC.: 1 By: Tany olcomb Its: Chief Corporate t.itigarinn_Pmmsel Assistant General Counsel liaf,truf/1(- )411"4-ar MARGARErM.JOHNSON Commission 41 2053077 Notary Public,State of NewJersey My Commission ENpiros November. 6, 2013 2825893.2 20110301000457.003 ACKNOWLEDGEMENT STATE OF 00,E del.-,e,t4 ss. COUNTY OF Id 0(r;.S On this day personally appeared before me_l'a,NyL 4alcorx , to me known to be the n'r of Grantor, Honeywell International Inc., described herein and who executed the within and foregoing instrument, and acknowledged that s/he signed the same as Grantor's free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ,?y'h day of re.bn,sc, r./ 2011. 1 9-44,4-r)- Margaret M. Johnson print notary's name) Notary Public in and for the State of A) residing at My commission expires:11-110--aD 13 MARGARET M.JOHNSON Commission 4 2C53077 Notary Public,stato(,I Now JerseyMyCommission[ pi es November 16 2611 2825893.2 PLANNING DIVISION W `.9Vti OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS 02;IC ti(i i LAND USEr P IT S JBl 1.T:i"AL..........................•uv„k.,l....ED......... OI I ......:.:.:.:..- Calculations. Construction Mitigation Description 2 AND a...:............ Density Worksheet 4 Drari•a e:Co.:dal:€Plan:z':::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::=:::::::'.....-............ .................. ... ..- .:.:..:'.' . ... Drainage Report 2it GSA veLmtls;:Arefitteotur. 3 xn?og:::s::::::::::::::::::::•.:::::::•:.: :. .:..:.:.:.,.; . ,.:.:.:..:..:..:•.. .:.::::;:::::;::::::::::: .. .- ; :;-.,,;,;,;,,;,:,;:;,;,;,;:,,;:;:;:;:;,;:;:;,,:;.:.:.:.:.:.:. Environmental Checklist 4 x Existing Easements (Recorded Copy)4 H ood •'aza;d ate ' s:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Floor Plans 3AND4 aVt Q,Cl rl Ca.•!•f{;Q 2 ANLT.3•... fr-i-.4. .. -.•,-.-r-•,-.y-i,ra-.-...•+--.vr-:.-.--.v.-.-.-.,-,...-.e.-,-•-.•.•r.•.-..•ti.., v.,-...-4-...v-.-}.•.-:;`44:. '._::::::::''''''::'''':•:•:•:.:.:.:.:.:.:.:•:•:•:.:.•'-'•'-'-'-'-'•'•''-' Grading Plan, Conceptual 2 Habitat Data Report 4_ trripra.;em nt.....ferral.:2.:.:.:.:.:.:.:.:.:....................................................................................................:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. Irrigation Plan 4 r Co€ \assessor's M s n i''::::::::: rir•rrr '••••••••••.:••••••.:' Landscape Plan, Conceptual4 Landscape Pfiki6 aile Legal Description 4 Sur..:.:undi.:.g Pao..ertx.IJ r er 4•.....:...:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:...:.......................................................:.:...:.....:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: Mailing Labels for Property Owners 4 p ` :::i.,€•r '° `te ondi `i` Ila `r r ail °isl•i..p;c f,x s;:i:..St:;:;:C::,::cllt.o sa:............................. Master Application Form 4 MonM. .urpept Cards(one per monum.enf:.:.:.,.:.,•, Neighborhood Detail Map 4 This requirement may be waived by: k /W 50 S f7/1 1. Property Services Section PROJECT NAME: /v1 v ` 2. Public Works Plan Review Section PJ/ 11 c5tji197 fl ¢-( 3. Building Section DATE: 4. Planning Section Oa- Q:\WEB\PW\DEVSERV\Forms\Planning\waiverofsubmittalregs.xls 02/08 PLANNING DIVISION WAVER OF U•r MITTAL REQUIREMENTS FOR LANs' USE APPLICATIONS I AN •• .;:;:::Fi tl SU•TT k4.......... lA 1r1 ;:;:;;:; O IFiED.•....:............ :..: Parking, Lot Coverage& Landscaping Analysis 4 Plat Name Reservation 4 Preapplication Meeting Summary a......................\1. ............................................................................... ,771 6.Isp:..: rk ,4pprg>ta Letter Rehabilitation Plana S,:ree:,i:::,: ::: ;I _ Site Plan 2 AND a :.:•:........ i( i/l.4ro> I/)c/ 7(4-- Stre`'` Stream.or Lake Study, Supplemental a 1:.:::.::.:.::.:.:.;.:.:.;.;.;.:.:.:.:.:..:.:.:.:.:.:.;.:.:.:.;.:.;.;.:.:.:.;.:.:.;.:.:.:.:.;.:.:.:.;.;.:.:.:.:.;.:.:.:....:::.:.:.:.:.:.:. Street Profiles 2 1tOPtiri flat; #Ef cat . ......:........................................... Topography Maps ff t Tree Cutting/Land Clearing Plana::;::: Ur':: e::::::::Ovea:: stictl:R po:rba C rt er Desl rr>;.?ver ay Istrint Report.4... . . Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Preliminary a fi:::::;•::;::::::::°:::::::::::::::::::::::::::•::::::::::s:::::::::::=:::::::::::::::::::::::::..:: :::::::::::::::::::::::::::::::::::::::s:::::isii:isi::::::=::::::::::::::::::::::::::::::::::::::::i:::::s::::::::::::::t In....far. .R .artt€e.eat... ....>................... .. .... . :..:.............................:.........................:...:.:...:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:. Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2AND3 Lease Agreement, Draft 2 AND 3 . Map of Existing Site Conditions 2AND3 • Map of View Area 2 AND 3 Photosimulations 2 AND s This requirement may be waived by: Hl(tl R/? W1 1. Property Services Section PROJ ECT NAME: O C (f'4't _ 2 ''i( 2 g7 7 2. Public Works Plan Review Section 3. Building Section DATE: Planning Section Q:\WEB\PW\DEVSERV\Forms\Planning\waiverofsubmittalregs.xls 02/08 PLANNING DIVISION ENVIRONMENTAL CHECKLIST Note the completion of this checklist for the NW Pipeline South Seattle Lateral Expansion's Staging Area Temporary Use Permit is for general information purposes per the request of the City of Renton Planning Division and is not intended for SEPA Review purposes. City of Renton Planning Division 1055 South Grady Way-Renton,WA 98057 Phone:425-430-7200 Fax:425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SERA), Chapter 43.21C RCW; requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge: In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, Or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: 1 - 06/09 Y:1cfl229310701TUP1Environmental Checklist D1(DLH 10-30-2012)).doc Complete this checklist for nonproject proposals, even though questions may be answered does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. 2- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:1c11229310701TUP1Environmental Checklist D1(DLH 10-30-2012)).doc A. BACKGROUND 1.Name of proposed project, if applicable: NW Pipeline South Seattle Lateral Expansion's Staging Area Temporary Use Permit 2.Name of applicant: Northwest Pipeline GP 3. Address and phone number of applicant and contact person: Applicant's address and phone number: c/o Williams Northwest Pipeline Attn: Clay Gustaves 22909 NE Redmond Fall City Rd. Redmond,WA 98053 425) 868-1010 ext.2065 Contactperson's address and phone number: David Halinen Halinen Law Offices,P.S. 1019 Regents Blvd, Suite 202 Fircrest,WA 98466-6037 206)443-4684 4.Date checklist prepared: October 30, 2012 5. Agency requesting checklist: Renton Planning Division 6.Proposed timing or schedule (including phasing, if applicable): Over an approximately 8-month-long to 12-month-long period (likely starting sometime during the months of March, April, or May of 2013), Northwest Pipeline GP plans to have its contractor: 1) Bring onto the NWPGP Staging Area and temporarily store for staging purposes (a) segments of 16-inch diameter steel pipe (pipe segments that are to be stored in rows horizontally either on the ground and/or in rows on racks up to four pipes high), (b) associated appurtenances to the piping material, and (c) construction equipment; 2) Park/store heavy trucks and employee vehicles in a portion of the NWPGP Staging Area; 3) From time to time during the course of the Project haul pipe, appurtenances, and construction equipment from the NWPGP Staging Area to the Project site; and 3- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:1cf1229310701TUP1Environmental Checklist D1(DLH 10-30-2012)).doc 4) Situate on the north part of the western portion of the NWPGP Staging Area and use an approximately 10-foot-wide by 36-foot-long office trailer(on wheels). 7.Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8.List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None 9.Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any governmental approvals or permits that will be needed for your proposal, if known. The City of Renton Planning Division has advised that a Temporary Use Permit is required for the proposal. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The location of the proposal is an approximately 7.45-acre portion of the Old Stoneway Site at 1915 Maple Valley Highway(a site that is owned by AnMarCo) that is depicted on the accompanying 11-inch-by-17-inch color Site Plan as the portion of the Old Stoneway Site that is to be used as the staging area for the NW Pipeline South Seattle Lateral Expansion. The property is located in portions of the SW and SE Quarters of Section 17, Township 23 North, Range 5 East, Willamette Meridian. The Old Stoneway Site is currently used for industrial purposes (for storage and staging of construction materials, equipment, and vehicles in a crushed-surface industrial yard), which is a continuation of historic industrial use of the site. The proposed use continues to be industrial: namely, storage and staging of construction materials, equipment, and vehicles for the NW Pipeline South Seattle Lateral Expansion project, which is an approximately 4-mile-long natural gas pipeline replacement project that lies approximately 3.9 miles to the east-southeast of the Old Stoneway Site (the "Project"). (See the accompanying color 11-inch-by-17-inch map exhibit that is labeled "AERIAL PHOTO DEPICTING THE OLD STONEWAY SITE AND THE APPROX. WESTERLY END OF NORTHWEST PIPELINE G.P.'S SOUTH SEATTLE PIPELINE REPLACEMENT PROJECT," an exhibit that depicts the locations of both the Old Stoneway Site and the Project's west end and the distance between them in feet.) In particular, over an approximately 8-month-long to 12-month-long period (likely starting sometime during the months of March, April, or May of 2013), Northwest Pipeline GP plans to have its contractor: 1) Bring onto the NWPGP Staging Area and temporarily store for staging purposes (a) segments of 16-inch diameter steel pipe (pipe segments that are to be stored in rows horizontally either on the ground and/or in 4- 06/09 For general information purposes only--not intended for SEPA Review purposes. Y:1ct1229310701TUP\Environmental Checklist D1(DLH 10-30-2012)).doc rows on racks up to four pipes high), (b) associated appurtenances to the piping material, and (c) construction equipment; 2) Park/store heavy trucks and employee vehicles in a portion of the NWPGP Staging Area; 3) From time to time during the course of the Project haul pipe, appurtenances, and construction equipment from the NWPGP Staging Area to the Project site; and 4) Situate on the north part of the western portion of the NWPGP Staging Area and use an approximately 10-foot-wide by 36-foot-long office trailer(on wheels). The accompanyingll-inch-by-17-inch color Site Plan exhibit of the Old Stoneway Site (an exhibit that has been built on a 2010 City of Renton GIS aerial photo image) depicts: a) the planned location of the NWPGP Staging Area [including the portions of that area which are to be devoted to (i) access, (ii) access and equipment storage and truck/vehicle parking, (iii) pipe storage, and (iv) the approximate location where the office trailer is planned to be placed]; b) the Merlino portion of the site; c) existing driveway access points planned to be used to provide ingress- egress for the NWPGP Staging Area; and d) an existing internal chain-link fence that will divide the NWPGP Staging Area from the Merlino portion of the site. The accompanying color Site Plan exhibit also notes the existence of chain- link fencing along the entire perimeter of the overall Old Stoneway Site. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The location of the proposal is an approximately 7.45-acre portion of the Old Stoneway Site at 1915 Maple Valley Highway(a site that is owned by AnMarCo) that is depicted on the accompanying 11-inch-by-17-inch color Site Plan as the portion of the Old Stoneway Site that is to be used as the staging area for the NW Pipeline South Seattle Lateral Expansion. The property is located in portions of the SW and SE Quarters of Section 17, Township 23 North, Range 5 East, Willamette Meridian. 5- 06/09 For general information purposes only--not intended for SEPA Review purposes. Y:\ct\2293\070\TUP\Environmental Checklist D1(DLH 10-30-2012)).doc A legal description of the Old Stoneway Site is attached to the Affidavit of Ownership, which in turn is attached to the completed Land Use Permit Master Application. B. ENVIRONMENTAL ELEMENTS 1.EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) 3%+/- c.What general types of soils are found on the site (for example, clay, sand,gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Unknown. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unknown. e.Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading is proposed. f.Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No construction is proposed. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None needed. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the s- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:1cfl229310701TUP\Environmental Checklist D1(DLH 10-30-2012)).doc project is completed? If any, generally describe and give approximate quantities if known. During the applicant's proposed use of the site, vehicle exhaust emissions associated with trucks hauling pipe, appurtenances, and equipment onto and off of the site are expected. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No c.Proposed measures to reduce or control emissions or other impacts to air, if any: None. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes,the Cedar River lies immediately to the south of the site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The applicant's proposal will involve a continuation of industrial uses (including storage and staging of construction materials, equipment, and vehicles in a crushed-surface industrial yard) within the fenced yard portion of the site lying within 200 feet of the Cedar River 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. The online City of Renton GIS Flood Hazard Map shows the south edge of the site in Zone X. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 7- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:\cfl2293\070\TUP\Environmental Checklist D1(DLH 10-30-2012)).doc No. 8- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:lcfl229310701TUP1Environmental Checklist D1(DLH 10-30-2012)).doc b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. Stormwater runoff from the existing crushed-surfaced site will be unchanged by the proposal. 2) Could waste material enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None needed. 4. PLANTS a.Check or circle types of vegetation found on the site: The fenced-in staging yard is essentially unvegetated. deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants:water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. c.List threatened or endangered species known to be on or near the site. 9- 06/09 For general information purposes only--not intended for SEPA Review purposes. Y:1ct1229310701TUP\Environmental Checklist D1(DLH 10-30-2012)).doc None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Some species of salmon in the Cedar River may be listed as threatened or endangered species. c.Is the site part of a migration route? If so, explain Yes, part of the Pacific Flyway. d. Proposed measures to preserve or enhance wildlife, if any: None. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity will be used for heating, lighting, and powering office equipment for the temporary office trailer that is to be situated on the site. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c.What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 10- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:\cf122931070\TUPIEnvironmental Checklist D1(DLH 10-30-2012)).doc No. 1) Describe special emergency services that might be required. No need for special emergency services is anticipated. 2) Proposed measures to reduce or control environmental health hazards, if any: None needed. b. Noise 1) What types of noise exist in the area which may affect your project (for example:traffic, equipment, operation, other)? None. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Traffic noise and noise associated with loading and unloading of pipe materials and appurtenances and equipment onto and off of heavy trucks is anticipated. (Hauling to and from the site is planned to occur from 7:00 AM to 7:00 PM Monday through Saturday.) Also anticipated is automobile traffic noise associated with employees of the applicant and the applicant's contractor driving onto and off of the site. 3) Proposed measures to reduce or control noise impacts, if any: None. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The Old Stoneway Site is currently used for industrial purposes (for storage and staging of construction materials, equipment, and vehicles in a crushed-surface industrial yard), which is a continuation of historic industrial use of the site. b. Has the site been used for agriculture? If so, describe. No. c.Describe any structures on the site. An existing concrete bulkhead lies along approximately the easterly 3/4ths of the Old Stoneway Site's Cedar River frontage. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? 11 - 06/09 For general information purposes only--not intended for SEPA Review purposes. Y:1cf1229310701TUP1Environmental Checklist D1(DLH 10-30-2012)).doc Commercial/Office/Residential (COR) f.What is the current comprehensive plan designation of the site? Commercial/Office/Residential (COR) g.If applicable, what is the current shoreline master program designation of the site? Shoreline High Intensity. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The site lies within City of Renton Aquifer Protection Area 1. The southerly edge of the site lies within Shoreline High Intensity designation of the current shoreline master program. The online City of Renton GIS Flood Hazard Map shows the south edge of the site in Zone X. i.Approximately how many people would reside or work in the completed project? No one will reside in the Applicant's staging yard. A few people may work in the yard and/or in the office trailer from time to time. j.Approximately how many people would the completed project displace? N/A k.Proposed measures to avoid or reduce displacement impacts, if any: N/A I.Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A 9.HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c.Proposed measures to reduce or control housing impacts, if any: N/A 10. AESTHETICS 12- 06/09 For general information purposes only--not intended for SEPA Review purposes. Y:1cfl229310701TUP1Environmental Checklist D1(DLH 10-30-2012)).doc r a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. N/A b. What views in the immediate vicinity would be altered or obstructed? None. c.Proposed measures to reduce or control aesthetic impacts, if any: N/A 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light from vehicle headlights and continuation of existing lighting of the existing storage and staging yard. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c.What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The Cedar River Park lies adjacent to the northwest of the site. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c.Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. HISTORIC AND CULTURAL PRESERVATION 13- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:1cf1229310701TUP\Environmental Checklist D1(DLH 10-30-2012)).doc a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. c.Proposed measures to reduce or control impacts, if any: N/A. 14. TRANSPORTATION a.Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The Maple Valley Highway (SR 169) abuts the northeast edge of the Old Stoneway Site. An unnamed public street extends to the southwest from the Maple Valley Highway along a part of the north portion of the Old Stoneway Site—that street serves both the Old Stoneway Site and the Cedar River Park. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Unknown. c.How many parking spaces would the completed project have? How many would the project eliminate? There will be no striped parking spaces although there will be areas for employee parking. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f.How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See the accompanying Project Narrative. g.Proposed measures to reduce or control transportation impacts, if any: None. 14- 06/09 For general information purposes only—not intended for SEPA Review purposes. Y:\c1122931070\TUP\Environmental Checklist D1(DLH 10-30-2012)).doc 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse.service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance Upon this checklist should there be any willful misrepresentati or willful lack of full disclosure on my part. Proponent Signature: 441-4‘Ava Name Printed: David Haline Date: October 30, 2012 15- 06/09 For general information purposes only--not intended for SEPA Review purposes. Y:1cfl229310701TUP1Environr,ental Checklist D1(DLH 10-30-2012)).doc CONSTRUCTION MITIGATION DESCRIPTION for the proposed "NW Pipeline South Seattle Lateral Expansion's Staging Area Temporary Use Permit" Note: Although no construction is planned in conjunction with the subject Temporary Use Permit, the topics below are addressed in relation to Northwest Pipeline GP's planned use of the NW Pipeline South Seattle Lateral Expansion's Staging Area. Project Name NW Pipeline South Seattle Lateral Expansion's Staging Area Temporary Use Permit Applicant Northwest Pipeline GP Proposal Location The location of the proposal is an approximately 7.45-acre portion of the approximately 12.67-acre Old Stoneway Site at 1915 Maple Valley Highway (a site owned by AnMarCo) that is depicted on the accompanying 11-inch-by-17-inch color Site Plan as the portion of the Old Stoneway Site which is to be used as the staging area for the NW Pipeline South Seattle Lateral Expansion. The property is located in portions of the SW and SE Quarters of Section 17, Township 23 North, Range 5 East, Willamette Meridian. Proposed dates for An approximately 8-month-long to 12-month-long period (likely use by Northwest starting sometime during the months of March, April, or May of Pipeline GP (begin 2013). and end dates) Hours and days of The site will be used for storage and staging purposes 24 hours per operation day seven days per week once Northwest Pipeline GP begins its use of the staging yard. Hauling to and from the site is planned to occur from 7:00 AM to 7:00 PM Monday through Saturday. Proposed Access to the NW Pipeline South Seattle Lateral Expansion Staging hauling/transportation Area will be via both (1) the existing gated driveway into the Old routes Stoneway Site near the west end of the unnamed City street that fronts the northeast portion of the Old Stoneway Site's northwest edge and (2) the existing gated driveway into the Old Stoneway Site near the southeast end of the Old Stoneway Site's Maple Valley Highway frontage—see the color Site Plan for the approximate locations of both of those existing driveways. Measures to be 1) The staging yard is already crushed-surfaced, which will implemented to minimize generation of dust, erosion, and mud at and/or from the minimize dust, traffic site. and transportation impacts, erosion, 2) Incoming trucks will arrive clean. mud, noise, and other noxious 3) Traffic volumes of heavy trucks associated with the planned characteristics staging operation will be very modest in comparison with the heavy truck traffic associated with the Old Stoneway Site's historic industrial uses and will be of no consequence. During a two-week- long period near the start of the staging operation, Northwest Pipeline GP anticipates (a) a maximum of 10 incoming heavy truck trips per day bringing pipe in from the mill supplying the ppe and _ Page 1 of 2 DLH 10-30-2012 Y:\cf\2293\070\TUP\Construction Mitigation Description Fl(DLH 10-30-2012).doc b) an overall total of about 45 incoming truck trips (during the entire two-week-long period) bringing all of the pipe to the site from the mill for the entire four-mile-long pipeline replacement project. That level is but a tiny fraction of the number of heavy truck trips that were associated with the Old Stoneway Site when the Stoneway concrete batching operations and sand and gravel processing operations were being conducted on the site. (See the attached 10/23/2012 table entitled Old Stoneway Site—Estimate of Peak Volumes of Certain Classes of Heavy Truck Traffic During the Operation of the Concrete Plant at the Old Stoneway Site, a typical peak of 304 to 395 outbound heavy truck trips per day and 608 to 790 inbound and outbound heavy truck trips per day of the certain classes of heavy trucks noted in that table. That table did not include Stoneway customer's heavy truck trips to and from the site nor did it include any of the extensive employee parking at the Old Stoneway Site during the operation of the concrete plant.) Even though Northwest Pipeline GP anticipates a greater number of smaller (outbound) loads of pipe and appurtenances from the storage yard on heavy trucks will be sent to portions of the NW Pipeline South Seattle Lateral Expansion job site from time to time than the total of about 45 full loads of pipe on heavy trucks that will be brought to the site during the early two-week-long period, those outgoing heavy truck trips will be spaced out over a much longer period of time. During the entire course of the pipeline project, Northwest Pipeline GP anticipates that (i) the maximum daily total of incoming heavy trucks to the NW Pipeline Staging Area will only be 10 trucks and (ii) the maximum daily total of outgoing heavy trucks from the NW Pipeline Staging Area will only be 10 trucks. Because the portion of the existing storage and staging yard (the Merlino portion) is currently storing "mothballed" Stoneway Concrete cement mixers and other heavy trucks, volumes of heavy truck trips to and from that portion of the Merlino site are minimal and are expected to stay that way throughout the course of Northwest Pipeline GP's use of the NW Pipeline Staging Area. Any special hours No construction is planned on the site. proposed for construction or Hauling to and from the site is planned to occur from 7:00 AM to hauling (i.e. 7:00 PM Monday through Saturday. weekends, late nights) Preliminary traffic The two gated driveway entrances noted on the color Site Plan will control plan be used for ingress and egress to the site. Page 2 of 2 DLH 10-30-2012 Y:\cfl2293\070\TUP\Construction Mitigation Description Fl(DLH 10-30-2012).doc Old Stoneway Site Estimate of Peak Volumes of Certain Classes of Heavy Truck Traffic During the Operation of the Concrete Plant at the Site' Number of Trucks Typical Number of Per Type and Typical Typical Peak Number Peak Heavy Truck Heavy Truck Types Number of Peak of Outbound Heavy Trips per Day Outbound Trips Per Truck Trips Per Day inbound and Truck outbound) Cement Mixers 80 trucks at 3 to 4 240 to 320 trips 480 to 640 trips outbound trips per day Truck and Trailer 14 to 15 trucks at 1 Combinations and outbound trip per day Belly Dumps traveling back and forth between the Old 14 to 15 trips 28-30 trips Stoneway Site and the Cedar Shores Gravel Pit) Other Dump Truck 25 to 30 trucks at 2 Traffic Associated outbound trips per day 50 to 60 trips 100 to 120 trips with the Site Total of All Listed 304 to 395 trips 608 to 790 trips Truck Types Note: The above table does not include (a) other categories of heavy truck trips (such as customer truck trips) or(b) employee traffic. 1 Source of information: Stoneway Concrete's Don Merlino(10-19-2012) DLH 10/23/2012 1 CAC-00-146 i.' AGREEMENT REGARDING REMOVAL OF REGULATED SUBSTANCES FROM THE STONEWAY CONCRETE BATCH PLANT SITE LOCATED AT 1915 MAPLE VALLEY HIGHWAY,RENTONjellj THIS AGREEMENT(this"Agreement")is entered into on this /G,7d. day of 2000,by and among the CITY OF RENTON,a Washington municipal corporation the"City"),ANMARCO,a Washington general partnership("AnMarCo'),and STONEWAY CONCRETE ("Stoneway", a division of Gary Merlino Construction, Inc., a Washington O corporation-"GMCC")(all of whom are collectively referred to herein as the"parties"),with 0 respect to the following facts. lt! Recitals E;Irn A. The City of Renton adopted an Aquifer Protection Ordinance (Ordinance No.n o 4367)on September 14,1992. That ordinance,which became effective on October 14,1992,has i p c 1 a stated purpose of protecting the City's underground drinking water supply from contamination. i m m B. The City represents that the Aquifer Protection Ordinance sets forth de minimis C quantities of regulated substances that may be used or stored within two"Aquifer Protection Zones"within the City. y 0 T C. Section 8-8-6A.1 of the City's Aquifer Protection Ordinance(as amended)states: ri a t=n m A. Removal of Existing Facilities: o 6 r0m 1. Ten (10) years after the effective date of this c co Chapter, the storage, handling, use, treatment or 2"p 1 production of hazardous materials in aggregate i w quantities greater than five hundred (500) gallons shall not be allowed within Zone 1 of an APA.The a storage, handling, use, treatment or production of z perchloroethylene shall not be allowed within Zone 1 of an APA after March 31,1999. z 1 In view of the Aquifer Protection Ordinance's October 14, 1992 effective date, the City o 1 represents that Section 8-8-6A.1's stated prohibitions will become effective on October 14,2002. m D. The City further represents that Section 8-8-6F of the City's Aquifer Protection Ordinance authorizes the City to require certain site improvements to be installed by those businesses located within Aquifer Protection Zone#1 that store or use regulated substances in 1 xcess of the de minimis quantities. 11111 AGREEMENT—Page 1 1 i i 1 4, - E. AnMarCo is the owner of the Stoneway Batch Plant site located at 1915 Maple i.`: >;? `:.` ; Valley Highway in Renton.Washington,which site is legally-described on Exhibit A,attached the"Stoneway Site"). F. The Stoneway Site lies within an area that the City has mapped as a portion of Aquifer Protection Zone#1. Stoneway leases the site from AnMarCo and operates a concrete batch plant on the site plus associated cement waste water processing facilities,an associated r; truck maintenance and repair shop for Stoneway's trucks, an associated yard for parking of Stoneway's trucks. associated sand and gravel stockpiling areas and facilities, an associated building material warehouse and storage area, and an associated administrative office for Stoneway's operations(such facilities being collectively referred to in this Agreement as the O Existing Stoneway Facilities"). The existing concrete plant and most of the other portions of the Existing Stoneway Facilities have been operated on the Stoneway Site by Stoneway and m Stoneway's predecessors since 1952. An earlier concrete plant had been operated on the site q pi;•?'• • --.- sincesince the 1920s.o m r_.,_,,'; •. ,• G. AnMarCo and Stoneway contend that(1)the above-referenced provisions of the m o Aquifer Protection Ordinance are unconstitutional• as applied to the Stoneway Site and O a Stoneway's operations on it, and (2) Stoneway, GMCC and AnMarCo will be significantly i} damaged by the City's enforcement of those provisions. Nevertheless upon the terms and m conditions set forth in this Agreement, AnMarCo and Stoneway are willing to agree upon a 02 t,,.` cessation of Stoneway's current industrial operations on the Stoneway Site by October 14,2002. rD.. H. The City contends that (1) the above-referenced provisions of the Aquifer o Protection Ordinance are constitutional as applied to the Stoneway Site and Stoneway's r operations. and (2) the City's drinking water supply may be significantly damaged if the m Stoneway Plant is operated beyond October 14,2002. In the interest of protecting the City's oo drinking water aquifer,the City is willing to enter into this Agreement to avoid litigation and o m resolve a disputed matter.c vi I. This Agreement is in settlement of existing disputes between the parties. Should i litigation be forthcoming on any issues within this Agreement.the Agreement may not be used in evidence in such litigation. z NOW.THEREFORE,in consideration of the mutual benefits and covenants contained herein.the parties agree as follows: rn z o I. Cessation of Industrial Operations. Anmarco and Stoneway agree to cease n industrial operations at the Stoneway site by October 14,2002. m 2. Removal of Regulated Substances. AnMarCo and Stoneway hereby agree to(a) permanently remove regulated substances in excess of the de minimis quantities from the Stoneway Site by October 14,2002,either by relocation of the Stoneway Batch Plant operation or by other means.and(b)conduct such removal of regulated substances in accordance with the provisions of the Aquifer Protection Ordinance. AGREEMENT--Page 2 a I REJ 3. Recording of a Restrictive Covenant. AnMarCo shall record a restrictive covenant on the Stoneway Site in the form attached hereto as Exhibit B if the City timely completes its obligations under Subsection 4(a). below to provide AnMarCo and its heirs, successors and assigns with access from the current Stoneway Site to Maple Valley Highway via a signalized intersection in order to facilitate redevelopment of the site (the "Special t. Contingency"). 4. Commitments by the City;Contingent Waiver of Damage Claims by Stoneway and AnMarCo;Tolling of the Statute of Limitations.z a) "Signalized Access From the Stoneway Site to Maple Valley Highway". 00 The City hereby promises to provide AnMarCo and its heirs,successors m and assigns with access to Maple Valley Highway (SR-169) via a signalized intersection for primary vehicular ingress to and egress from the R- current Stoneway Site in conjunction with the site's redevelopment(the 1 rn 2 Signalized Intersection")not later than August 1,2003. This obligation c m shall be deemed to have been satisfied if, by that date, (i) the City has p 1111 committed to issue all necessary permits and approvals for the al c construction and use of the Signalized Intersection and (ii)the City has secured all necessary approval(s)for the use of the Signalized Intersection m z from the Washington State Department of Transportation and from any c z other governmental agencies with jurisdiction. The City agrees to consider a request by AnMarCo and its heirs,successors and assigns to w have transportation mitigation fees for the redevelopment of the Stoneway j o Site applied to the cost of designing and constructing the Signalized t Intersection. Such fees may only be applied to the portion of the cost of i m m this improvement, if any, which the City determines provides public p y benefit. c m • mco0n . 1111441J z r- b) Redevelopment Credit. In recognition of the benefit accruing to the City i '7 from relocation of the Existing Stoneway Facilities and operations away 23 from the City's drinking water aquifer, the City agrees to apply a I redevelopment credit equal to the utility system development charges,and z transportation and fire mitigation fees,for development of facilities which will substitute for the Existing Stoneway Facilities (such substitute m facilities being hereinafter referred to as the "Substitute Facilities"), p 1 including without limitation the portions of the Substitute Facilities that Stoneway is planning at the Overmyer property along Houser Way). In m the event that any of the Substitute Facilities are constructed on site(s) involving the construction of other facilities in addition to the Substitute Facilities, the Redevelopment Credit shall only extend to the portion involving the Substitute Facilities. c) Cedar Crest Site Filling. The City agrees to work with Liberty Ridge L.L.C.,a Washington limited liability company,and/or its affiliate(s)or e successors and assigns in a positive and supportive manner regarding the I t AGREEMENT--Page 3 i i i to Ff L r filling and grading activities that Liberty Ridge L.L.C.and/or its affiliates are contemplating for the site previously planned for the "Cedar Crest' l: manufactured home development located at the southeast corner of the t: >,' -+`. intersection of NE 3rd/4th Street and Edmonds Avenue(the"Cedar Crest Site Filling and Grading'). The City will work with Liberty Ridge L.L.C. and/or its affiliates or successors and assigns to resolve to the satisfaction tr of both parties such concerns as traffic control and possible deterioration of City roadways that might occur due to the transport of large quantities of fill material to that site. It is understood that a fill and grade permit or site plan application for such a project would be subject to a public z c hearing before the City of Renton Hearing Examiner. O L'y .; m if the Special Contingency referred to in Section 3, above is timely met (such contingency being referred to herein as the "AnMarCo-Stoneway Contingent Waiver - 76 Condition"),then AnMarCo and Stoneway shall be deemed to have waived all present and future o m claims against the City of Renton for damages due to the application of(or regulation under)the m p Aquifer Protection Ordinance in relation to the Stoneway Site("Aquifer Protection Ordinance- o n Caused Damages"--including with.ut limitation damages stemming from the cessation of t Stoneway's existing operations on the Stoneway Site and from the relocation of the Existing m m m1''=. Stoneway Facilities from the Stoneway Site pursuant to this Agreement). In the event that the p-I AnMarCo-Stoneway Contingent Waiver Condition is not timely met,AnMarCo and Stoneway c Z e shall not be deemed to have waived any such claims against the City. Because the parties wish L to focus their respective energies and efforts upon effectuating the Special Contingency and a thereby avoiding damage claim litigation, this Agreement provides time for the AnMarCo-oT Stoneway Contingent Waiver Condition to be met without prejudice to(a)claims for Aquifer m Protection Ordinance-Causes,Damages that AnMarCo and/or Stoneway could bring against the o rn City and(b)damage claims that the City could bring against AnMarCo and/or Stoneway that are o0 m within the scope of the City's of Claims as defined in Section 8. below. The parties c y hereby agree that any statute(s)of limitation applicable to such claims shall be deemed tolled m cr until the date that is six(6) years following the breach of this Agreement. Nothing in this 1 rt I Agreement restricts AnMarCo or Stoneway or GMCC from filing claims against the City regarding damages that are beyond the scope of this Agreement or beyond the scope of the provisions of the Aquifer Protection Ordinance. D it z S 5. Limitation u"on the Citv's Imposition of Site Improvements under the APO. y In consideration of the benefits to the City under this Agreement.the City hereby agrees that it o t will not require any site improvements under subsection b(Site Improvements)of Section 8-8- r I r, 6.F.6 (Additional Operating Permit Requirements for Zone 1) of the Aquifer Protection m Ordinance(as amended). 6. The City's Promise to Assist in Regulated Substances Reduction. The City of mini Renton will support and facilitate AnMarCo's and Stoneway's efforts to reduce the quantity of regulated substances on the Stoneway Site to levels below the de minimis amount in all ways that it can,consistent with City,State,and Federal law. AGREEMENT--Page 4 I— li s_ - -- -- 11--- - -- - -- --- - - - - ---- L-®-----,- - I --' 1 i_ ,_-,. ITh 7. Suspension of Stoneway's Orrerating Permit if De Minimis Quantities Are Stonewayand/or AnMarCo are not successful in reducingthe 7.....,Not Achieved. In the event that amount of regulated substances on the Stoneway Site to below the de minimis quantities by , October 14,2002,the City will suspend Stoneway's operating permit in Zone 1 of the APA, I whereupon Stoneway must immediately cease all operations of its concrete batch plant located on the Stoneway Site. 8. The City's Waiver of Any Claims Relating to the PCE Incident. AnMarCo 111andtheCityenteredintoan "Agreement Regarding Test Wells and Soil and Groundwater Sampling"(the"Initial Testing Agreement")dated February 5,1998,as a follow-up to the City's z contention that(a) a groundwater consultant for the City had collected groundwater samples 0 from monitoring wells located near!he Stoneway Sites boundary,and(b)the consultant found m them to be contaminated with tetrachloroethylene("PCE-'). In that agreement. among other things, the parties thereto agreed upon terms and conditions for the City's entry onto the g-rli Stoneway Site to construct monitoring wells,conduct sampling from them and have the tests y sampled. After a series of tests were conducted concerning PCE, the City asserted that it o m r • believed that the detected PCE originated from a sediment pond on the Stoneway Site. Without m 0 admitting liability,on June 22,1998,Stoneway proposed to do the following: p 0 1) Remove the sediment from...three[Stoneway Site]sediment ponds,mix m z it with the soils stockpiled on the site for mixing(the"Stockpiled Soils"), c z and properly dispose of the soil-sediment mix:1 0 2) Cease the import of soils for mixing with sediment effective Saturday, 0-n July 27,1998,(which will leave processed aggregates from approved pits- e.g.. sands and gravels, crushed rock,quarry spalls and top soil--as the m m only"soils"that will be imported to the site after that date); o tit 3) Remove any of the remaining Stockpiled Soils from the site:and m w il Z D 4) Notify the State of Washington Department of Ecology within the next I- i week of the PCE incident and its resolution in progress.1 That proposal was acceptable to the City's Administrator of the Department of Planning/Building/Public Works and, accordingly. Stoneway carried cut those four points. Later, Stoneway and the City entered into a"Memorandum of Understanding"dated July 27, 0 1999(the"MOU"). The MOU,was executed to"clarify responsibility for ongoing monitoring 0 ' during the cleanup of the sediment ponds and for a specified period thereafter"and set forth the o following three operative points: m 1. Monitoring shall consist of sampling three moritoring wells: MW- i 31 S,MW-40 and MW-42. The frequency of sampling sl all b.weekly during the cleaning of the ponds(estimated to be a period of about six to eight weeks)and monthly thereafter for four months. The City and Stoneway shall meet at the end m of this time to evaluate whether there is a need for further monitoring. All of the samples are to be analyzed for PCE, pH, alkalinity, total dissolved solids, calcium,potassium,sodium,and chloride. AGREEMENT--Page 5 Ea i 1 I i i 1 1 r r i 2. Stoneway and the City agree that PGG will contract with the City t•''.-•`•"' , 1 to perform the sampling and data analysis for this monitoring program. Samples will be analyzed by ARI Laboratories. The City will invoice Stoneway for all consultant costs (PGG) and laboratory costs associated with this monitoring E program and Stoneway shall reimburse the City for these costs on a monthly basis. 3. This MOU covers only the groundwater monitoring program as t:' i;-". -`` described above. By agreeing to the terms of this Iv1OU,(a)the City is not giving up any rights to pursue compensation from Stoneway for costs accrued to date z and in the future relating to PCE on the Stoneway Site including,but not limited - to, City staff time, consultant costs, legal costs, contractor costs, laboratory n analysis costs, increased system operation costs (electricity. etc.), and system maintenance costs (pump replacement, metering,equipment etc.) and (b) t n Stoneway is not admitting that it is liable for any such costs, N"i i,`•'i`*=': om Ongoing testing was done in accordance with the MOU's provisions. n Contemporaneously with AnMarCo's waiver of claims for Aquifer Protection Ordinance- m Caused Damages(whether such waiver occurs either by satisfaction of the AnMarCo-Stoneway A.-Li Contingent Waiver Condition as described in Section 4 on Page 4, above, or pursuant to a D 2 separate writing whereby AnMarCo and Stoneway specifically waive such claims),the City will t— e deemed to have waived and released any and all claims against AnMarCo, Stoneway•and Tir GMCC and their respective partners, officers, directors, employees, and agents and against n F AnMarCo's successors and assigns with respect to the ownership of the Stoneway Site collectively,the"Released Persons")accruing up to the date of execution of this Agreement by m n both parties and arising from or relating to the PCE incident referenced in this Section 8. including without limitation,any rights to pursue compensation from the Released Persons for c cp costs or losses accrued to the date of execution of this Agreement arising from or relating to that m rn PCE incident(including but not limited to City staff time,consultant costs,legal costs,contractor rr-- i costs, laboratory analysis costs, increased system operation costs, electrical power costs, City 9 1 well fields system maintenance costs (pump replacement, metering equipment, etc.) and lost water commodity value]—such waiver being herein referred to as the"City's Waiver of Claims". Nothing in this Agreement restricts the City from filing claims against Stoneway,AnMarCo or 1 GMCC for damages for future losses arising,from or relating to the PCE incident described in w this Section 8 or for damages that are beyond the scope of this Agreement. z O 9. Effect of Successors. This Agreement and all of the terms and provisions hereof m c shall inure to the benefit of and be binding upon the heirs,executors,personal representatives, successors and assigns of the parties hereto. 10. Partial Invalidity. If any provision of this Agreement is,becomes,or is deemed illegal,such provision shall be deemed amended to conform to applicable laws so as to be valid and enforceable,or,if it cannot be so amended without materially altering the intention of the parties,it shall be stricken and the remainder of this Agreement shall remain in full force and effect. AGREEMENT--Page 6 1 r L a NU MINE 1--mumism 1 q c 11. Entire Agreement. This Agreement contains the entire agreement between the parties relative to the subject matter contained herein and correctly sets forth the rights,duties, and obligations of the parties. No oral representations or modifications regarding this Agreement shall have any force. 12. Headings. The section and paragraph headings in this Agreement are for the r convenience of the parties only and are not intended to modify or define it in any way. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of I. the day and year first above written.O CITY OF RENTON,a Washington ANMARCO,a Washington m I i Municipal Corporation General Partnership I 1-Ti 1 0 rri By: cn.v.rn By: I o Jes anner,Mayor Donald J. lino,P er 0 c y Njit. STONEWAY CONCRETE,a 6) y% division of Gary Merlino 7,z 4'Construction,Inc.,a r SEAL Washington Corporation OT tNfC I#y:C m IL 12 Donald J, rlino, resident CoEco ATTEST/AUTHE ICATED: Marilyn to ,City Clerk z APP OVED AS TO FORM: w 1 z• III R tnr-"a4 cp Q--",12v- 0• Lawrence J.Warr City Attorney m AGREEMENT—Page 7 i E 1 9 Ed 1 1I II 1 II O:. a EXHIBIT A Legal Description of the"Stoneway Site" m GOVERNMENT LOTS 4 AND 7 AND THAT PORTION. IF ANY. OF GOVERNMENT LOTS 5 AND 6 AND THE SOUTHWEST 'A OF THE NORTHEAST 'A. LYING SOUTHWESTERLY OF THE RENTON-MAPLE VALLEY HIGHWAY NO. 1140 I AND NORTH OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH i' 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY IN CAUSE NO.90072 ON FEBRUARY 6, 1913,ALL IN SECTION 17,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.;z EXCEPT THAT PORTION THEREOF LYING NORTHERLY AND WESTERLY OF m A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE N PACIFIC COAST RAILROAD COMPANY'S RIGHT-OF-WAY WITH THE CENTER LINE m PRODUCED NORTH 81°56' EAST OF FIRST AVENUE NORTH SHOWN AS "COUNTY m p ROAD"ALONG THE SOUTHERLY LINE OF CAR WORKS ADDITION TO RENTON,AS i c PER PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS,ON PAGE 47,RECORDS rpi OF SAID COUNTY; m Z THENCE SOUTH 23°38'45" WEST ALONG THE EASTERLY LINE OF SAID c z RAILROAD RIGHT-OF-WAY 38.76 FEET.MORE OR LESS,TO THE SOUTHERLY LINE OF A COUNTY ROAD,WHICH POINT IS MARKED BY A CONCRETE MONUMENT; 1 THENCE ALONG SAID COUNTY ROAD LINE NORTH 86°12' EAST 99.82 FEET •O m TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 256.48 FEET.WHICH POINT IS IN THE SOUTHWESTERLY LINE OF MAPLE VALLEY ROAD;m m THENCE CONTINUING ON SAID SOUTHWESTERLY LINE ON SAID CURVE TO o m THE RIGHT AND PARALLEL ITI4 THE CENTER LINE OF SAID MAPLE VALLEY C)m ROAD,A DISTANCE OF 180.45 FEET; C N THENCE CONTINUING ALONG SAID MAPLE VALLEY ROAD LINE SOUTH mm 0 1 n 1°25'EAST 1,228.45 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 47°32'30"WEST 273.25 FEET; THENCE SOUTH 88°26'00"WEST 251.95 FEET; Y. I THENCE SOUTH 39°24'35"WEST 73.20 FEET; Z THENCE NORTH 79°04'40"WEST 176.04 FEET; THENCE SOUTH 27°58'20"WEST TO THE BOUNDARY LINE ESTABLISHED BY z • PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR 0 ' j COURT OF THE STATE OF WASHINGTON FOR KING COUNTY IN CAUSE NO.90072 m I OF FEBRUARY 6,1913,AND TERMINUS OF SAID LINE; EXCEPT RIGHTS OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, PAST AND PRESENT, IF ANY. OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF THE CEDAR RIVER; I AGREEMENT--Page 8 IN I i 1 rill , kr 11175. 1 I 511 Exhibit A(Continued? AND EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE OF EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY CAUSE NO.90072 ON FEBRUARY 6, 1913,AND SOUTHERLY OF THE THREAD OF THE PRESENT CHANNEL OF THE CEDAR RIVER; o SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF n WASHINGTON.a-n SUBJECT TO EXISTING EASEMENTS, COVENANTS, CONDITIONS,v m RESTRICTIONS.AND ENCUMBRANCES. m A 0On r m 1 DZ r I or-r cum) mrn 1 A I I 2 1 i Z O• 0 • m AGREEMENT—Page 9 LW—I EXHIBIT B RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: City Clerk's Office City of Renton j 1055 S.Grady Way Renton,WA 98055 RESTRICTIVE COVENANT O Grantor: ANMARCO.a Washington general partnership m Grantee! CITY OF RENTON,a Washington municipal corporation Legal Description(Abbreviated): TO BE INSERTED]; i additional legal on attached Exhibit A v Property Tax Parcel Number(s):_TO BE INSERTED] m City of Renton Project File#: TO BE INSERTED] a This RESTRICTIVE COVENANT(this"Covenant")is entered into on this_ day of m z 200_by ANMARCO, a Washington general partnership ("AnMarCo"), in O favor of the CITY OF RENTON,a Washington municipal corporation(the"City")with respect to the following facts. O'n Recitals t C A. AnMarCo,the City and STONEWAY CONCRETE("Stoneway",a division of o Gary Merlino Construction, Inc., a Washington corporation—"GMCC") are parties to an cgi m agreement dated 2000 entitled"AGREEMENT REGARDING REMOVAL OF g N REGULATED SUBSTANCES FROM THE STONEWAY CONCRETE BATCH PLANT SITE mLOCATEDAT1915MAPLEVALLEYHIGHWAY. RENTON" (said agreement being i hereinafter referred to as the -Agreement") relating to the property currently owned by AnMarCo that is legally-described on Exhibit A, attached hereto (such property being both I therein and herein referred to as the"Stoneway Site"). z B. The City of Renton adopted an Aquifer Protection Ordinance (Ordinance No. in 4367)on September 14,1992. That ordinance,which became effective on October 14,1999,has p a stated purpose of prutecting the City's underground drinking water supply from contamination. C. The Aquifer Protection Ordinance on its face sets forth de minimis quantities of various regulated substances("Regulated Substances")that may be used or stored within two Aquifer Protection Zones"within the City. The Stoneway Site is currently mapped by the City as lying within Aquifer Protection Zone 1. D. This Covenant has been executed and delivered to the City for recording with the King County Recorder pursuant to Section 3 of the Agreement. AGREEMENT—Page I0 o I m c a 4 o _ WHEREFORE,with respect to these facts,AnMarCo covenants as follows: 1. Restrictive Covenant. AnMarCo hereby covenants to the City that,following any clean-up of the Stoneway Site in regard to any Regulated Substances arising from activities occurring prior to the date of this Covenant,Regulated Substances in excess of the de minimis quantities permitted by the City's Aquifer Protection Ordinance that was in effect on the effective date of the Agreement (i.e., 2000) shall not be permitted on the laStonewaySiteexceptasotherwisepermittedbytheCity. 2. Covenant to Run With the Land; Termination Upon Various Conditions. o 1 This Covenant shall run with the land,benefiting the City and burdening the Property and shall n be binding upon AnMarCo and its heirs, personal representatives, successors and assigns; m provided,however,that this Covenant shall automatically terminate if ei her(a)the City ever i T amends'the boundaries of Aquifer Protection Zone I so that the Stoneway Site no longer lies within Aquifer Protection Zone 1 or(b)the Aquifer Protection Ordinance is repealed or nullified,am isiandnotreplacedwithasubstantiallysimilarormorerestrictiveaquiferprotectionordinance.i m a O2 3. Headlong. The headings contained in this''ovenant are for reference purposes r only and shall not in any way affect the meaning or interpretation of this Covenant. m 1 ANMARCO,a Washington general partnership i N By: 71_> Donald J.Merlin,Partner m m Accepted By: 8 a r0m CITY OF RENTON,a Washington m m ' municipal corporation By: i I Jesse Tanner,Mayor Dz ATTEST: n I Marilyn J.Petersen,City Clerk m APPROVED AS TO FORM: Jr"Lawrence J.Warren,City Attorney AGREEMENT-Page I t 1 0 I; I_Illi 1. jLEi 1 1 STATE OF WASHINGTON) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DONALD J.MERLIN()is the person who appeared before me and acknowledged that he signed the instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as a partner of AnMarCo, a Washington general partnership,to be the free and voluntary act of such partnership for the uses and purposes mentioned in the instrument. Dated: 0 m Signature ri T lA Title m o My Appointment Expires 0.... 0 m O yZ C4Cl, m x mm I O N Q N• C 1 Zr 4 o 0 I m AGREEMENT--Page 12 J L t 1 e 1 L I 1• a J, EXHIBIT 1 Legal Description of the"Stonewav Site" GOVERNMENT LOTS 4 AND 7 AND THAT PORTION. IF ANC.OF GOVERNMENT LOTS 5 AND 6 AND THE SOUTHWEST 'A OF THE NORTHEAST ''A, LYING F. SOUTHWESTERLY OF THE RENTON-MAPLE VALLEY HIGHWAY NO. 1140 AND NORTH y OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF z I , - WASHINGTON FOR KING COUNTY IN CAUSE NO.90072 ON FEBRUARY 6, 1913,ALL IN o SECTION !7,TOWNSHIP 23 NORTH,RANGE 5 EAST.W.M.;I • m EXCEPT THAT PORTION THEREOF LYING NORTHERLY AND WESTERLY OF A m LINE DESCRIBED AS FOLLOWS: m i 0m BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE PACIFIC m p COAST RAILROAD COMPANY'S RIGHT-OF-WAY WITH THE CENTER LINE PRODUCED p 0 NORTH 81°56' EAST OF FIRST AVENUE NORTH SHOWN AS "COUNTY ROAD" ALONG mZTHESOUTHERLYLINEOFCARWORKSADDITIONTORENTON,AS PER PLAT THEREOF 2 RECORDED IN VOLUME 15 OF PLATS,ON PAGE 47,RECORDS OF SAID COUNTY; c z THENCE SOUTH 23°38'45" WEST ALONG THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY 38.76 FEET,MORE OR LESS,TO THE SOUTHERLY LINE OF 4 rn A COUNTY ROAD,WHICH POINT IS MARKED BY A CONCRETE MONUMENT;0 T THENCE ALONG SAID COUNTY ROAD LINE NORTH 86°12'EAST 99.82 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 256.48 FEET.WHICH POINT IS m m IN THE SOUTHWESTERLY LINE OF MAPLE VALLEY ROAD; THENCE CONTINUING ON SAID SOUTHWESTERLY LINE ON SAID CURVE TO a m THE RIGHT AND PARALLEL WITH THE CENTER LINE OF SAID MAPLE VALLEY ROAD, m co A DISTANCE OF 180.45 FEET; m 1 I ' THENCE CONTINUING ALONG SAID MAPLE VALLEY ROAD LINE SOUTH 41°25' EAST 1,228.45 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 47°32'30"WEST 273.25 FEET; I THENCE SOUTH 88°26'00"WEST 251.95 FEET: I Z THENCE SOUTH 39°24'35"WEST 73.20 FEET; MK THENCE NORTH 79°04'40"WEST 176.04 FEET; 5- THENCE SOUTH 27°58'20" WEST TO THE BOUNDARY LINE ESTABLISHED BY o ! PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT mOFTHESTATEOFWASHINGTONFORKINGCOUNTYINCAUSENO. 90072 OF FEBRUARY 6,1913,AND TERMINUS OF SAID LINE; EXCEPT RIGHTS OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, PAST AND PRESENT, IF ANY. OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF THE CEDAR RIVER; 0 i AGREEMENT-Page 13 I I i MI I I Exhibit:(Continued) AND EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE OF R='•,;.:'.-.:`. EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY CAUSE NO.90072 ON FEBRUARY 6, 1913,AND SOUTHERLY OF THE THREAD OF THE PRESENT CHANNEL OF THE CEDAR RIVER; SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. SUBJECT TO existing easements,cov.nants,conditions,restrictions,and encumbrances- m o N Crn mo I 0oc DZ mz oN o z tn n AGREEMENT—Page 14 I me tulle n 1111.MI---- ® r_e CAG-00-146 AGREEMENT REGARDING REMOVAL OF REGULATED SUBSTANCES FROM THE STONEWAY CONCRETE BATCH PLANT SITE LOCATED AT 1915 MAPLE VALLEY HIGHWAY,RENTON THIS AGREEMENT(this"Agreement")is entered into on this.4 xt, day of 2000, by and among the CITY OF RENTON, a Washington municipal corporation the "City"), ANMARCO, a Washington general partnership ("AnMarCo"), and STONEWAY CONCRETE ("Stoneway", a division of Gary Merlin Construction, Inc., a Washington corporation -"GMCC") (all of whom are collectively referred to herein as the "parties"), with respect to the following facts. Recitals A. The City of Renton adopted an Aquifer Protection Ordinance (Ordinance No. 4367)on September 14, 1992. That ordinance,which became effective on October 14, 1992,has a stated purpose of protecting the City's underground drinking water supply from contamination. B. The City represents that the Aquifer Protection Ordinance sets forth de minimis quantities of regulated substances that may be used or stored within two "Aquifer Protection Zones"within the City. C. Section 8-8-6A.1 of the City's Aquifer Protection Ordinance(as amended) states: A. Removal of Existing Facilities: 1. Ten (10) years after the effective date of this Chapter, the storage, handling, use, treatment or production of hazardous materials in aggregate quantities greater than five hundred (500) gallons shall not be allowed within Zone 1 of an APA. The storage, handling, use, treatment or production of perchloroethylene shall not be allowed within Zone 1 of an APA after March 31, 1999. In view of the Aquifer Protection Ordinance's October 14, 1992 effective date, the City represents that Section 8-8-6A.1's stated prohibitions will become effective on October 14, 2002. D. The City further represents that Section 8-8-6F of the City's Aquifer Protection Ordinance authorizes the City to require certain site improvements to be installed by those businesses located within Aquifer Protection Zone #1 that store or use regulated substances in excess of the de minimis quantities. AGREEMENT--Page 1 P 1 E. AnMarCo is the owner of the Stoneway Batch Plant site located at 1915 Maple Valley Highway in Renton, Washington, which site is legally-described on Exhibit A, attached the"Stoneway Site"). F. The Stoneway Site lies within an area that the City has mapped as a portion of Aquifer Protection Zone #1. Stoneway leases the site from AnMarCo and operates a concrete batch plant on the site plus associated cement waste water processing facilities, an associated truck maintenance and repair shop for Stoneway's trucks, an associated yard for parking of Stoneway's trucks, associated sand and gravel stockpiling areas and facilities, an associated building material warehouse and storage area, and an associated administrative office for Stoneway's operations (such facilities being collectively referred to in this Agreement as the Existing Stoneway Facilities"). The existing concrete plant and most of the other portions of the Existing Stoneway Facilities have been operated on the Stoneway Site by Stoneway and Stoneway's predecessors since 1952. An earlier concrete plant had been operated on the site since the 1920s. G. AnMarCo and Stoneway contend that (1) the above-referenced provisions of the Aquifer Protection Ordinance are unconstitutional as applied to the Stoneway• Site and Stoneway's operations on it, and (2) Stoneway, GMCC and AnMarCo will be significantly damaged by the City's enforcement of those provisions. Nevertheless, upon the terms and conditions set forth in this Agreement, AnMarCo and Stoneway are willing to agree.upon a cessation of Stoneway's current industrial operations on the Stoneway Site by October 14,2002. H. The City contends that (1) the above-referenced provisions of the Aquifer Protection Ordinance are constitutional as applied to the Stoneway Site and Stoneway's operations, and (2) the City's drinking water supply may be significantly damaged if the Stoneway Plant is.operated beyond October 14, 2002. In the interest of protecting the City's drinking water aquifer, the City is willing to enter into this Agreement to avoid litigation and resolve a disputed matter. I. This Agreement is in settlement of existing disputes between the parties. Should litigation be forthcoming on any issues within this Agreement,the Agreement may not be used in evidence in such litigation. NOW,THEREFORE,in consideration of the mutual benefits.and covenants contained herein,the parties agree as follows: 1. Cessation of Industrial Operations. Anmarco and Stoneway agree to cease industrial operations at the Stoneway site by October 14,2002. 2. Removal of Regulated Substances. AnMarCo and Stoneway hereby agree to(a) permanently remove regulated substances in excess of the de minimis quantities from the Stoneway Site by October 14, 2002, either by relocation of the Stoneway Batch Plant operation or by other means, and(b) conduct such removal of regulated substances in accordance with the . provisions of the Aquifer Protection Ordinance. AGREEMENT--Page 2 3. Recording of a Restrictive Covenant. AnMarCo shall record a restrictive covenant on the Stoneway Site in the form attached hereto as Exhibit B if the City timely completes its obligations under Subsection 4(a), below to provide AnMarCo and its heirs, successors and assigns with access from the current Stoneway Site to Maple Valley Highway via a signalized intersection in order to facilitate redevelopment of the site (the "Special Contingency"). 4. Commitments by the City; Contingent Waiver of Damage Claims by Stoneway and AnMarCo; Tolling of the Statute of Limitations. a) "Signalized Access From the Stonewav Site to Maple Valley Highway". The City hereby promises to provide AnMarCo and its heirs, successors and assigns with access to Maple Valley Highway (SR-169) via a signalized intersection for primary vehicular ingress to and egress from the current Stoneway Site in conjunction with the site's redevelopment (the Signalized Intersection") not later than August 1, 2003. This obligation shall be deemed to have been satisfied if, by that date, (i) the City has committed to issue all necessary permits and approvals for the construction and use of the Signalized Intersection and (ii) the City has secured all necessary approval(s) for the use of the Signalized Intersection from the Washington State Department of Transportation and from any other governmental agencies with jurisdiction. The City agrees to consider a request by AnMarCo and its heirs, successors and assigns to have transportation:mitigation fees for the redevelopment of the Stoneway Site applied to the cost of designing and constructing the Signalized Intersection. Such fees may only be applied to the portion of the cost of this improvement, if any, which the City determines provides public benefit. b) Redevelopment Credit. In recognition of the benefit accruing to the City from relocation of the Existing Stoneway Facilities and operations away from the City's drinking water aquifer, the City agrees to apply a redevelopment credit equal to the utility system development charges,and transportation and fire mitigation fees, for development of facilities which will substitute for the Existing Stoneway Facilities (such substitute facilities being hereinafter referred to as the "Substitute Facilities"), including without limitation the portions of the Substitute Facilities that Stoneway is planning at the Overmyer property along Houser Way). In the event that any of the Substitute Facilities are constructed on site(s) involving the construction of other facilities in addition to the Substitute Facilities, the Redevelopment Credit shall only extend to the portion involving the Substitute Facilities. c) Cedar Crest Site Filling. The City agrees to work with Liberty Ridge L.L.C., a Washington limited liability company, and/or its affiliate(s) or successors and assigns in a positive and supportive manner regarding the AGREEMENT--Page 3 filling and grading activities that Liberty Ridge L.L.C. and/or its affiliates are contemplating for the site previously planned for the "Cedar Crest" manufactured home development located at the southeast corner of the intersection of NE 3rd/4th Street and Edmonds Avenue (the "Cedar Crest Site Filling and Grading"). The City will work with Liberty Ridge L.L.C. and/or its affiliates or successors and assigns to resolve to the satisfaction of both parties such concerns as traffic control and possible deterioration of City roadways that might occur due to the transport of large quantities of fill material to that site. It is understood that a fill and grade permit or site plan application for such a project would be subject to a public hearing before the City of Renton Hearing Examiner. If the Special Contingency referred to in Section 3, above is timely met (such contingency being referred to herein as the "AnMarCo-Stoneway Contingent Waiver Condition"),then AnMarCo and Stoneway shall be deemed to have waived all present and future claims against the City of Renton for damages due to the application of(or regulation under)the Aquifer Protection Ordinance in relation to the Stoneway Site ("Aquifer Protection Ordinance- Caused Damages"—including without limitation damages stemming from the cessation of Stoneway's existing operations on the Stoneway Site and from the relocation of the Existing Stoneway Facilities from the Stoneway Site pursuant to this Agreement). In the event that the AnMarCo-Stoneway Contingent Waiver Condition is not timely met, AnMarCo and Stoneway shall not be deemed to have waived any such claims against the City. Because the parties wish to focus their respective energies and efforts upon effectuating the Special Contingency and thereby avoiding damage claim litigation, this Agreement provides time for the AnMarCo- Stoneway Contingent Waiver Condition to be met without prejudice to (a) claims for Aquifer Protection Ordinance-Caused Damages that AnMarCo and/or Stoneway could bring against the City and(b)damage claims that the City could bring against AnMarCo and/or Stoneway that are within the scope of the City's Waiver of Claims as defined in Section 8, below. The parties hereby agree that any statute(s) of limitation applicable to such claims shall be deemed tolled until the date that is six (6) years following the breach of this Agreement. Nothing in this Agreement restricts AnMarCo or Stoneway or GMCC from filing claims against the City regarding damages that are beyond the scope of this Agreement or beyond the scope of the provisions of the Aquifer Protection Ordinance. 5. Limitation upon the City's Imposition of Site Improvements under the APO. In consideration of the benefits to the City under this Agreement, the City hereby agrees that it will not require any site improvements under subsection b (Site Improvements) of Section 8-8- 6.F.6 (Additional Operating Permit Requirements for Zone 1) of the Aquifer Protection Ordinance(as amended). 6. The City's Promise to Assist in Regulated Substances Reduction. The City of Renton will support and facilitate AnMarCo's and Stoneway's efforts to reduce the quantity of regulated substances on the Stoneway Site to levels below the de minimis amount in all ways that it can,consistent with City,State,and Federal law. AGREEMENT—Page 4 7. Suspension of Stoneway's Operating Permit if De Minimis Quantities Are Not Achieved. In the event that Stoneway and/or AnMarCo are not successful in reducing the amount of regulated substances on the Stoneway Site to below the de minimis quantities by October 14, 2002, the City will suspend Stoneway's operating permit in Zone 1 of the APA, whereupon Stoneway must immediately cease all operations of its concrete batch plant located on the Stoneway Site. 8. The City's Waiver of Any Claims Relating to the PCE Incident. AnMarCo and the City entered into an "Agreement Regarding Test Wells and Soil and Groundwater Sampling"(the"Initial Testing Agreement") dated February. 5, 1998,as a follow-up to the City's contention that (a) a groundwater consultant for the City had collected groundwater samples from monitoring wells located near the Stoneway Site's boundary, and (b)the consultant found them to be contaminated with tetrachloroethylene ("PCE"). In that agreement, among other things, the parties thereto agreed upon terms and conditions for the City's entry onto the Stoneway Site to construct monitoring wells, conduct sampling from them and have the tests sampled. After a series of tests were conducted concerning PCE, the City asserted that it believed that the detected PCE originated from a sediment pond on the Stoneway Site. Without admitting liability,on June 22, 1998,Stoneway proposed to do the following: 1) Remove the sediment from. . .three [Stoneway Site] sediment ponds,mix it with the soils stockpiled on the site for mixing (the "Stockpiled Soils"), and properly dispose of the soil-sediment mix; 2) Cease the import of soils for mixing with sediment effective Saturday, July 27, 1998, (which will leave processed aggregates from approved pits- e.g., sands and gravels, crushed rock, quarry spalls and top soil--as the only"soils"that will be imported to the site after that date); 3) Remove any of the remaining Stockpiled Soils from the site;and 4) Notify the State of Washington Department of Ecology within the next week of the PCE incident and its resolution in progress. That proposal was acceptable to the City's Administrator of the Department of Planning/Building/Public Works and, accordingly, Stoneway carried out those four points. Later, Stoneway and the City entered into a "Memorandum of Understanding" dated July 27, 1999 (the "MOU"). The MOU, was executed to "clarify responsibility for ongoing monitoring during the cleanup of the sediment ponds and for a specified period thereafter" and set forth the following three operative points: 1.. Monitoring shall consist of sampling three monitoring wells: MW- 31 S,MW-40 and MW-42. The frequency of sampling shall be weekly during the cleaning of the ponds (estimated to be a period of about six to eight weeks) and monthly thereafter for four months. The City and Stoneway shall meet at the end of this time to evaluate whether there is a need for further monitoring. All of the samples are to be analyzed for PCE, pH, alkalinity, total dissolved solids, calcium,potassium,sodium,and chloride. AGREEMENT--Page 5 2. Stoneway and the City agree that PGG will contract with the City to perform the sampling and data analysis for this monitoring program. Samples will be analyzed by ARI Laboratories. The City will invoice Stoneway for all consultant costs (PGG) and laboratory costs associated with this monitoring program and Stoneway shall reimburse the City for these costs on a monthly basis. 3. This MOU covers only the groundwater monitoring program as described above. By agreeing to the terms of this MOU, (a)the City is not giving up any rights to pursue compensation from Stoneway for costs accrued to date and in the future relating to PCE on the Stoneway Site including,but not limited to, City staff time, consultant costs, legal costs, contractor costs, laboratory analysis costs, increased system operation costs (electricity, etc.), and system maintenance costs (pump replacement, metering equipment etc.) and (b) Stoneway is not admitting that it is liable for any such costs. Ongoing testing was done in accordance with the MOU's provisions. Contemporaneously with AnMarCo's waiver of claims for Aquifer Protection Ordinance- Caused Damages (whether such waiver occurs either by satisfaction of the AnMarCo-Stoneway Contingent Waiver Condition as described in Section 4 on Page 4, above, or pursuant to a separate writing whereby AnMarCo and Stoneway specifically waive such claims), the City will be deemed to have waived and released any and all claims against AnMarCo, Stoneway and GMCC and their respective partners, officers, directors, employees, and agents and against AnMarCo's successors and assigns with respect to the ownership of the Stoneway Site collectively,the"Released Persons") accruing up to the date of execution of this Agreement by both parties and arising from or relating to the PCE incident referenced in this Section 8, including without limitation, any rights to pursue compensation from the Released Persons for costs or losses accrued to the date of execution of this Agreement arising from or relating to that PCE incident[including but not limited to City staff time, consultant costs, legal costs, contractor costs, laboratory analysis costs, increased system operation costs, electrical power costs, City well fields system maintenance costs (pump replacement, metering equipment, etc.) and lost water commodity value]—such waiver being herein referred to as the"City's Waiver of Claims". Nothing in this Agreement restricts the City from filing claims against Stoneway, AnMarCo or GMCC for damages for future losses arising from or relating to the PCE incident described in this Section 8 or for damages that are beyond the scope of this Agreement. 9. Effect of Successors. This Agreement and all of the terms and provisions hereof shall inure to the benefit of and be binding upon the heirs, executors, personal representatives, successors and assigns of the parties hereto. 10. Partial Invalidity. If any provision of this Agreement is,becomes, or is deemed illegal, such provision shall be deemed amended to conform to applicable laws so as to be valid . and enforceable, or, if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remainder of this Agreement shall remain in full force and effect. AGREEMENT--Page 6 11. Entire Agreement. This Agreement contains the entire agreement between the parties relative to the subject matter contained herein and correctly sets forth the rights, duties, and obligations of the parties. No oral representations or modifications regarding this Agreement shall have any force. 12. Headings. The section and paragraph headings in this Agreement are for the convenience of the parties only and are not intended to modify or define it in any way. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. CITY OF RENTON, a Washington ANMARCO, a Washington Municipal Corporation General Partnership By: By: Vintit Jes anner,Mayor Donald J. lino,Partner noonuU ill„ STONEWAY CONCRETE, a0sy OF RAM; 02 division of Gary Merlino Construction,Inc.,a SEAL *= Washington Corporation S 53' h'u ruumEIflI Y '$ By: Qi1 Donald J. rlino, President ATTEST/AUT CAT/ED: ter'/ Marilyn to ,City Clerk APP OVED AS TO FORM: 31:7/1-)14--rva2.--- Lawrence J.Warr ,City Attorney AGREEMENT--Page 7 EXHIBIT A Legal Description of the"Stoneway Site" GOVERNMENT LOTS 4" AND 7 AND THAT PORTION, IF ANY, OF GOVERNMENT LOTS 5 AND 6 AND THE SOUTHWEST Vi OF THE NORTHEAST LYING SOUTHWESTERLY OF THE RENTON-MAPLE VALLEY HIGHWAY NO. 1140 AND NORTH OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY IN CAUSE NO. 90072 ON FEBRUARY 6, 1913,ALL IN SECTION 17,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.; EXCEPT THAT PORTION THEREOF LYING NORTHERLY AND WESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE PACIFIC COAST RAILROAD COMPANY'S RIGHT-OF-WAY WITH THE CENTER LINE PRODUCED NORTH 81°56' EAST OF FIRST AVENUE NORTH SHOWN AS "COUNTY ROAD"ALONG THE SOUTHERLY LINE OF CAR WORKS ADDITION TO RENTON, AS PER PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, ON PAGE 47, RECORDS OF SAID COUNTY; THENCE SOUTH 23°38'45" WEST ALONG THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY 38.76 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF A COUNTY ROAD,WHICH POINT IS MARKED BY A CONCRETE MONUMENT; THENCE ALONG SAID COUNTY ROAD LINE NORTH 86°12' EAST 99.82 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 256.48 FEET, WHICH POINT IS IN THE SOUTHWESTERLY LINE OF MAPLE VALLEY ROAD; THENCE CONTINUING ON SAID SOUTHWESTERLY LINE ON SAID CURVE TO THE RIGHT AND PARALLEL WITH THE CENTER LINE OF SAID MAPLE VALLEY ROAD,A DISTANCE OF 180.45 FEET; THENCE CONTINUING ALONG. SAID MAPLE VALLEY ROAD LINE SOUTH 41°25'EAST 1,228.45 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 47°32'30" WEST 273.25 FEET; THENCE SOUTH 88°26'00" WEST 251.95 FEET; THENCE SOUTH 39°24'35" WEST 73.20 FEET; THENCE NORTH 79°04'40" WEST 176.04 FEET; THENCE SOUTH 27°58'20" WEST TO THE BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY IN CAUSE NO. 90072 OF FEBRUARY 6, 1913,AND TERMINUS OF SAID LINE; EXCEPT RIGHTS OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, PAST AND PRESENT, IF ANY, OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF THE CEDAR RIVER; . AGREEMENT--Page 8 t. tr Exhibit A(Continued) AND EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE OF EQUITY ENTERED IN SUPERIOR COURT. OF THE STATE OF WASHINGTON FOR KING COUNTY CAUSE NO 90072 ON FEBRUARY 6, 1913, AND SOUTHERLY OF THE THREAD OF THE PRESENT CHANNEL OF THE CEDAR RIVER; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EXISTING EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS,AND ENCUMBRANCES. AGREEMENT--Page 9 EXHIBIT B RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: City Clerk's Office City of Renton 1055 S.Grady Way Renton,WA 98055 RESTRICTWE COVENANT Grantor: ANMARCO,a Washington general partnership Grantee: CITY OF RENTON,a Washington municipal corporation Legal Description (Abbreviated): TO BE INSERTED]; additional legal on attached Exhibit A Property Tax Parcel Number(s): TO BE INSERTED] City of Renton Project File#: TO BE INSERTED] This RESTRICTIVE COVENANT(this "Covenant")is entered into on this day of • 200 by ANMARCO, a Washington general partnership ("AnMarCo"), in favor of the CITY OF RENTON, a Washington municipal corporation (the "City") with respect to the following facts. Recitals A. AnMarCo, the City and STONEWAY CONCRETE ("Stoneway", a division of Gary Merlino Construction, Inc., a Washington corporation—"GMCC") are parties to an agreement dated 2000 entitled "AGREEMENT REGARDING REMOVAL OF REGULATED SUBSTANCES FROM THE STONEWAY CONCRETE BATCH PLANT SITE LOCATED AT '1915 'MAPLE 'VALLEY HIGHWAY, -RENTON" (said agreement being hereinafter referred to as the "Agreement") relating to the property currently owned by AnMarCo that is legally-described on Exhibit A, attached hereto (such property being both therein and herein referred to as the"Stoneway Site"). B. The City of Renton adopted an Aquifer Protection Ordinance (Ordinance No. 4367) on September 14, 1992. That ordinance,which became effective on October 14, 1999,has a stated purpose of protecting the City's underground drinking water supply from contamination. C. The Aquifer Protection Ordinance on its face sets forth de minimis quantities of various regulated substances ("Regulated Substances") that may be used or stored within two Aquifer Protection Zones"within the.City. The Stoneway Site is currently mapped by the City as lying within Aquifer Protection Zone 1. D. This Covenant has been executed and delivered to the City for recording with the King County Recorder pursuant to Section 3 of the Agreement. AGREEMENT--Page 10 WHEREFORE,with respect to these facts,AnMarCo covenants as follows: 1. Restrictive Covenant. AnMarCo hereby covenants to the City that, following any clean-up of the Stoneway Site in regard to any Regulated Substances arising from activities occurring prior to the date of this Covenant, Regulated Substances in excess of the de minimis quantities permitted by the City's Aquifer Protection Ordinance that was in effect on the effective date of the Agreement (i.e., 2000) shall not be permitted on the Stoneway Site except as otherwise permitted by the City. 2. Covenant to Run With the Land; Termination Upon Various Conditions. This Covenant shall run with the land,benefiting the City and burdening the Property and shall be binding upon AnMarCo and its heirs, personal representatives, successors and assigns; provided, however, that this Covenant shall automatically terminate if either (a) the City ever amends the boundaries of Aquifer Protection Zone 1 so that the Stoneway Site no longer lies within Aquifer Protection Zone 1 or(b)the Aquifer Protection Ordinance is repealed or nullified, and not replaced with a substantially similar or more restrictive aquifer protection ordinance. 3. Headings. The headings contained in this Covenant are for reference purposes only and shall not in any way affect the meaning or interpretation of this Covenant. ANMARCO,a Washington general partnership By: Donald J.Merlin,Partner Accepted By: CITY OF RENTON, a Washington municipal corporation By: Jesse Tanner,Mayor ATTEST: Marilyn J. Petersen,City Clerk APPROVED AS TO FORM: Lawrence J.Warren, City Attorney AGREEMENT—Page 11 STATE OF WASHINGTON) ss. COUNTY OF ICING I certify that I know or have satisfactory evidence that DONALD J. MERLIN() is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a partner of AnMarCo, a Washington general partnership,to be the free and voluntary act of such partnership for the uses and purposes mentioned in the instrument. Dated: Signature Title My Appointment Expires AGREEMENT--Page 12 a • a EXFIIBIT 1 Legal Description of the"Stoneway Site" GOVERNMENT LOTS 4 AND 7 AND THAT PORTION, IF ANY, OF GOVERNMENT LOTS 5 AND 6 AND THE SOUTHWEST 'A OF THE NORTHEAST VI, LYING SOUTHWESTERLY OF THE RENTON-MAPLE VALLEY HIGHWAY NO. 1140 AND NORTH OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY.IN CAUSE NO. 90072 ON FEBRUARY 6, 1913, ALL IN SECTION 17,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.; EXCEPT THAT PORTION THEREOF LYING NORTHERLY AND WESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE PACIFIC COAST RAILROAD COMPANY'S RIGHT-OF-WAY WITH THE CENTER LINE PRODUCED NORTH 81°56' EAST OF FIRST AVENUE NORTH SHOWN AS "COUNTY ROAD" ALONG THE SOUTHERLY LINE OF CAR WORKS ADDITION TO RENTON, AS PER PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS,ON PAGE 47,RECORDS OF SAID COUNTY; THENCE SOUTH 23°38'45" WEST ALONG THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY 38.76 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF A COUNTY ROAD,WHICH POINT IS MARKED BY A CONCRETE MONUMENT; THENCE ALONG SAID COUNTY ROAD LINE NORTH 86°12' EAST 99.82 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 256.48 FEET, WHICH POINT IS IN THE SOUTHWESTERLY LINE OF MAPLE VALLEY ROAD; THENCE CONTINUING ON SAID SOUTHWESTERLY LINE ON SAID CURVE TO THE RIGHT AND PARALLEL WITH THE CENTER LINE OF SAID MAPLE VALLEY ROAD, A DISTANCE OF 180.45 FEET; THENCE.CONTINUING,ALONG SAID MAPLE VALLEY ROAD LINE SOUTH.41°25' EAST 1,228.45 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 47°32'30"WEST 273.25 FEET; THENCE SOUTH 88°26'00" WEST 251.95 FEET; THENCE SOUTH 39°24'35" WEST 73.20 FEET; THENCE NORTH 79'04'40"WEST 176.04 FEET; THENCE SOUTH 27°58'20" WEST TO THE BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE IN EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY IN CAUSE NO. 90072 OF FEBRUARY 6, 1913,AND TERMINUS OF SAID LINE; EXCEPT RIGHTS OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, PAST AND PRESENT, IF ANY, OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF THE CEDAR RIVER; AGREEMENT—Page 13 Exhibit 1 (Continued) AND EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE OF EQUITY ENTERED IN SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY CAUSE NO. 90072 ON FEBRUARY 6, 1913, AND SOUTHERLY OF THE THREAD OF THE PRESENT CHANNEL OF THE CEDAR RIVER; SITUATE IN THE CITY OF RENTON,COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO existing easements,covenants, conditions,restrictions,and encumbrances. AGREEMENT—Page 14 ABATEMENT AGREEMENT TEMPORARY USE City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 Northwest Pipeline GP being the Applicant for the Temporary Use Permit at the Location of: The 7.45-acre +/- portion of the Old Stoneway Site at 1915 Maple Valley Highway, which portion of that site is the subject of the Temporary Use Permit for the NW Pipeline South Seattle Lateral Expansion Staging Area Hereby authorize the City of Renton to summarily eliminate the Temporary Use by Northwest Pipeline GP and all evidence of the use by Northwest Pipeline GP if it has not been removed as required by the terms of the permit. I also agree to reimburse the City for any expense incurred in abating this Temporary Use. Signature:Norte - p-' e G. B Print Name: Clay Gustaves, Agent Date: October 30, 2012 STATE OF WASHINGTON ) SS COUNTY OF KING I certify that I know or have satisfactory evidence that Clay Gustaves is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as an agent of Northwest Pipeline GP, a general partnership, to be the free and voluntary act of • •eneral partnership for the uses and purposes mentioned in the instrument. A,) su 1WDated: 011111 1, 1 ota jairc in and or the State of Washi gton 6471KRISTYL. CLOUTIER Nota (Print): (/Sk- NOTARY PUBLIC STATE OF WASHINGTON My appointment expires: 0 J i)COAS60N SWIPES SEPTEMBER 27,2010 PW/DevServ/Forms/Planning/rempuse.doc 1 01/08 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 10-30-2012 Land Use Actions RECEIPT Permit#: LUA12-092 Payment Made: - 10/30/2012 02:16 PM Receipt Number: R1204889 Total Payment: 154.50 Payee: WILLIAMS NORTHWEST PIPELINE GP Current Payment Made to the Following Items: Trans Account Code Description Amount 3080 503.000000.004 .322 Technology Fee 4.50- 5021 000.000000.007.345 Temp Use, Hobbyk, Fence 150.00 Payments made for this receipt Trans Method Description Amount Payment Check #505300 154.50 Account Balances Trans Account Code Description Balance Due 3021 303.000000.020.345 Park Mitigation Fee 00 3080 503.000000.004 .322 Technology Fee 00 - 3954 650.000000.000.237 Special Deposits 00 5006 000.000000.007.345 Annexation Fees 00 5007 000.000000.011.345 Appeals/Waivers 00 5008 000.000000.007.345 Binding Site/Short Plat 00 5009 000.000000.007.345 Conditional Use Fees 00 5010 000.000000.007.345 Environmental Review 00 5011 000.000000.007.345 Prelim/Tentative Plat 00 5012 000.000000.007.345 Final Plat 00 5013 000.000000.007.345 PUD 00 5014 000. 000000.007.345 Grading & Filling Fees 00 5015 000.000000.007 .345 Lot Line Adjustment 00 5016 000.000000.007 .345 Mobile Home Parks 00 5017 000.000000.007.345 Rezone 00 5018 000.000000.007.345 Routine Vegetation Mgmt 00 5019 000.000000.007 .345 Shoreline Subst Dev 00 5020 000.000000.007.345 Site Plan Approval 00 5021 000.000000.007.345 Temp Use, Hobbyk, Fence 00 502.2 000.000000.007.345 Variance Fees 00 5024 000.000000.007.345 Conditional Approval Fee 00 5036 000.000000.007.345 Comprehensive Plan Amend 00 5909 000.000000.002.341 Booklets/EIS/Copies - 00 5941 000.000000.007.341 Maps (Taxable) 00 5998 000.000000.000.231 Tax 00 j