HomeMy WebLinkAboutE 20070117000333 , .
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After recording return to:
CITY CLERK'S OFFICE
CITY OF RENTON
1055 South Grady Way 20070117000333
Renton, WA 98 O55 CITY OF RENTON EAS 47.00
PAGE001 OF 016
01/17/2007 09:56
KING COUNTY, WA
Title: UTILITIES EASEMENT Property Tax Parcel Number: 2296500200
Project File#: SWP-27-2850 Street Intersection or Protect Name:N26th Sd Park PL N
Reference Number(s)of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Grantee(s):
1. SI VI, LLC 1. City of Renton, a Municipal Corporation
Additional legal is on page_of document(Exhibit A).
ABBREVIATED LEGAL DESCRIPTION: A utility easement over a portion of the
Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of
Renton, King County, Washington. See Exhibit A for complete legal description.
D(CiSE TAX NOT REQUIRED
IG�}r Co. Re ords Division
B , '��°� .�0.1 �P��
Je �[���-s�r,
UTILITIES EASEMENT- 1
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EASEMENT
SI VI, LLC ("Grantor"), for and in consideration of mutual benefits, grants to City of
Renton, a Washington municipal corporation, ("Grantee"), its successors and assigns, for the
purposes hereinafter set forth, an easement("Easement") for public utilities (including water,
wastewater, and surface water) with necessary appurtenances over, under, through, across
and upon the following described real property(the "Right-of-way"herein) situated in King
County, Washington.
See Exhibit A for complete legal description, Exhibit B for a drawing of the
Easement, and Exhibit C for Restoration Areas.
For the purpose of constructing, reconstructing, installing, repairing, replacing,
enlarging, operating and maintaining utilities and utility pipelines, including, but not limited
to, water, sewer and storm drainage lines, all as specified in the plans on file with the City of
Renton under file number SWP-27-2850, known as the N 26th St/Park PL N Storm System
Project Plans, together with the right of ingress and egress thereto without prior institution of
any suit or proceedings of law. Following the initial construction of its facilities, Grantee
may from time to time,upon prior written notice to Grantor, construct such additional utility
facilities as it may require within the Right-of-way,provided that such additional facilities do
not impact the Grantor's use and operation of the apartment complex known as the Bella
Vista Apartments, located at 2100 Lake Washington Blvd,North., Renton, Washington(the
"Apartment Complex") and provided further that a Temporary Construction Easement would
also be required prior to construction of any additional facilities. This Easement is granted
subject to the following conditions:
1. The Grantee shall:
(a) Upon completion of any work within the Right-of-Way, restore all
landscaping, all paved surfaces (including, but not limited to, repair of
damaged asphalt, slurry sealing and re-striping), and any private
improvements disturbed or destroyed during execution of the work to
the condition they were in immediately before commencement of the
work or entry by the Grantee.
(b) Upon completion of work in the Right-of-way each day, provide a
temporary asphalt patch, or steel plates, for the portion of the Right-of-
way area that is located in Grantor's parking lot and replace such
temporary patch with a permanent patch upon completion of all work
in the Right-of-way.
(c) In Area A, shown on Exhibit C, the Grantee may remove existing
landscaping and trees as needed for project construction. The Grantee
shall avoid removing trees on the slope, unless needed for
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construction. It is acknowledged that the Grantee will probably need
to remove the trees lettered A, B, C, and D on E�ibit C. The Grantee
will leave the landscaped area with a smooth raked surface,
approximately 3 inches lower than the surrounding ground, for topsoil
and landscaping by the Grantor.
After construction is completed the Grantor shall perform landscaping
restoration in Area A. The Grantee shall pay the Grantor's $7,500 for
all landscaping restoration costs, concurrent herewith.
In Area B, shown on Exhibit C, the Grantee shall avoid removing any
trees on the slope, unless needed for construction. The aboveground
storm pipe will be placed around trees wherever possible.
In Areas A and B the Grantee shall pay the Grantor's $1,000 per tree
for each tree damaged or removed, in addition to the $7,500 for
landscaping restoration. For payment purposes a tree is defined as a
living woody plant having a trunk 3 inches or greater in diameter
measured 4 feet above ground. Payment for trees damaged or
removed in Areas A and B shall be within ten(10) days of the
Grantor's request.
In Area C, shown on Exhibit C, the Grantee shall avoid removing any
trees on the slope, unless needed for construction. The aboveground
storm pipe will be placed around trees whenever possible. It is
acknowledged that trees will be removed at the top of the slope where
the new storm pipe is installed below ground. There is no payment for
any trees damaged or removed in Area C.
The Grantee will restore any disturbed areas in Area B and C with a
grass seed mix. The Grantor may replant shrubs and trees in Areas A,
B, and C. The Grantor shall not place any new trees within 5 feet of
the buried storm pipe, within 5 feet of the aboveground storm pipe
from the base of the slope to 5 feet past the slip joint (about 7 feet east
of tree D), and within 3 feet of the remaining aboveground storm pipe.
(d) Take over ownership of the combined storm sewer system located in
the Right-of-way("Storm Sewer System"). The combined Storm
Sewer System is defined as the existing storm system on the Grantor's
property that carries stormwater from both the City's new storm
connection and the Apartment Complex. The combined Storm Sewer
System includes the pipes and catch basins that the City connects to
starting at CB-6, and running through the apartment complex to CB-
22, CB-23, CB-25, CB-26, the bio-swale, and the outlet pipes from the
UTILITIES EASEMENT-3
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bio-swale to the property line, all as depicted on Exhibit B, attached
hereto.
Grantee shall pay Grantor the sum of$20,000 for conveyance of the
existing Storm Sewer System, which conveyance shall be by separate
bill of sale.
(e) Henceforth be responsible for any damages resulting from flooding if
the Storm Sewer System overflows. This obligation shall be limited to
damage caused by storms up to the 100-year event, as identified in the
1990 King County Surface Water Design Manual.
(fl Henceforth be responsible for any damages to and repair of the Storm
Sewer System.
(g) The City shall inspect the Storm Sewer System before the Easement is
executed, or within sixty(60) days of execution. If the City
determines that the Storm Sewer System needs to be cleaned based on
City maintenance standards it shall clean the system either before, or
within sixty (60) after, the new storm system project is constructed.
(h) Henceforth be responsible for all inspection, cleaning, maintenance,
repair and future replacement of the Stortn Sewer System.
(i) Pay for all of Grantor's costs associated with this Easement, including
legal fees, lender processing fees and costs, design review by a civil
engineer, and surveying these easements (if needed) in the amount not
to exceed $12,000.
The Grantor shall submit bills or invoices for all costs to the Grantee.
The Grantee shall reimburse the Grantor within 10 days after each
invoice is submitted.
(j) Pay the Grantor the sum of$7,000 for this Easement.
(k) Pay all recording costs associated with this Easement.
(1) The Grantor shall maintain ownership, maintenance responsibility, and
responsibility for damages for any remaining portions of the storm
system located outside of the Right-of-way, except to the extent that
damages result from flows from the Storm Sewer System. The
remaining portions include, but are not limited to, all drain lines from
the Apartment Complex buildings and grounds that connect to the
combined Storm Sewer System, all catch basins serving the Apartment
Complex and parking lots that connect to the combined Storm Sewer
System, the Private Storm Sewer System from CB-1 to where it
UTILITIES EASEMENT-4
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connects to CB-22, and the Private Storm Sewer System from CB-24
to where it connects to CB-25, as depicted on Exhibit B, attached
hereto.
2. Grantor shall retain the right to use the surface of the Right-of-way area as
long as such use does not interfere with the easement rights granted to the
Grantee.
Grantor shall not, however, have the right to:
(a) Erect or maintain any buildings or permanent structures within the
Right-of-way; or
(b) Plant trees, shrubs or vegetation having deep root patterns which may
cause damage to or interfere with the utilities to be placed within the
Right-of-way by the Grantee; or
(c) Develop, landscape, or beautify the Right-of-way area in any way
which would unreasonably increase the costs to the Grantee of
restoring the easement area and any private improvements therein.
(d) Dig, tunnel or perform other forms of construction activities on the
property which would disturb the compaction or unearth Grantee's
utility facilities on the Right-of-way, or endanger the lateral support
facilities, except to the extent necessary in connection with repair,
maintenance or replacement of the Grantee's storm sewer system
which connects to the Storm Sewer System.
(e) Blast within fifteen(15) feet of the Right-of-way.
3. Grantor retains the right to rebuild or relocate the combined Storm Sewer
System as needed for its use of the real property owned by Grantor subject to
the following conditions:
The Grantor shall:
(a) Be responsible for all costs needed to rebuild or relocate the system.
(b) Be responsible for complying with all applicable regulations and
permits.
(c) Reconnect all storm systems that the City connected to the combined
Storm Sewer System.
(d) Shall submit the plans to the City for review and approval.
UTILITIES EASEMENT-5
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(e) Shall revise the plans as reasonably required by the City.
(� Shall execute a new Utility Easement for the rebuilt or relocated
combined Storm Sewer System, subject to City review and approval.
4. Grantee shall indemnify, defend and hold Grantor harmless from and against
any and all liability, loss, damage, expense, actions and claims, including property damage
and personal injury, including death and including court costs and reasonable attorney's fees,
whether or not a lawsuit is instituted, asserted against or incurred by Grantor that arise
directly or indirectly from the acts or omissions of Grantee or its employees, contractors,
agents, tenants, invitees, or licensees, in the use of the Easement and the use and occupancy
of the Right-of-way area and in any other exercise of Grantee's rights hereunder, and
including to the full extent permitted by RCW 4.24.115, to the extent the same is applicable,
any such liability, loss, damage, expense, action or claim arising directly or indirectly from
the concurrent negligence of Grantor or its employees, contractors, agents,tenants, invitees
or licensees. Notwithstanding the foregoing, this paragraph shall not apply to any liability,
loss, damage, expense, action or claim, including court costs and reasonable attorney's fees,
caused by or resulting solely from the gross negligence or willful misconduct of Grantor or
its employees, agents, contractors,tenants, invitees or licensees.
5. In the event of a breach of any of the covenants or agreements set forth in this
Easement Agreement,the parties shall be entitled to any and all remedies available at law or
in equity, including but not limited to the equitable remedies of specific performance or
mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties
hereto agree that in the event it becomes necessary for any party to defend or institute legal
proceedings as a result of the failure of any party to comply with the terms, covenants,
agreements and/or conditions of this Easement Agreement, it is understood and agreed that
the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred
or expended in connection therewith, including, but not limited to, reasonable attorney's fees
incurred in the action, including on appeal. In addition, if Grantee fails to maintain or
operate the Storm Sewer System or the Right-of-way in the condition required hereunder,
and if such failure is not cured(or Grantee has not commenced to cure and diligently
prosecuted the cure to completion)within thirty(30) days after notice of such failure is given
by Grantor to Grantee,then Grantor may, at its option, cause such areas to be maintained or
operated in the condition required and Grantee shall promptly reimburse Grantor for all costs
incurred by Grantor in performance of Grantee's obligations.
Grantee shall at all times exercise its rights herein in compliance with all of the
requirements of(1) all laws, statutes, ardinances, rules and regulations now or hereafter made
by any governmental authority having jurisdiction over the Right-of-way area or any use
thereof, as those laws, statutes, orders, rules and regulations are from time to time amended,
and (2) all covenants, conditions and restrictions of record, if any, applicable to the Right-of-
way area.
U"TILITIES EASEMENT-6
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Grantee hereby accepts the Right-of-way area"AS IS" as it presently exists, and
understands and agrees that Grantor has made no representations or warranty with respect to
the title or condition of the Right-of-way area, or the suitability or fitness of same for any
particular purpose. This Easement shall run with the land described herein, and shall be
binding upon the parties, their successors in interest and assigns. Grantor covenants that it is
the lawful owner of the Right-of-way area and that it has a good and lawfiil right to execute
this agreement.
IN WITNESS EREOF, said Grantar and Grantee have caused this instrument to
be executed on this�day of �C��E�C., �t9a(o
,
SI VI, LLC, a California limited liability company
By: Sobrato Interests III, a California Limited
Partnership
Its: Sole Member
By: Th ohn Michael Sobrato 1985 Separate
Property rust, s Amended
Its: Gener a r
By:
John chael obrato
Its: Trustee
THE CITY OF RENTON
J� J
By: GL� I���`C.��
Its: Kathy Ke ker
Mayor
UTILITIES EASEMENT-7
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STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that John Michael Sobrato is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Trustee of the John Michael Sobrato 1985 Separate Property Trust, as
amended,the general partner of Sobrato Interests III, a California Limited Partnership,the
sole member of SI VI, LLC, a California Limited Partnership to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated this day of ,
a�/
Notary Public in and for the State
� of residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that KcL�'h y Ke ollCPr' is
the person who appeared before me, and who signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the �'
of THE CITY OF RENTON to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
hd
Dated this o2 a day of Nover�cber ,�006 .
X���'��'l� .�• l.UG?.��
Notary Public in and for the State
of Washington, residing at /�l�i.��-
My appointment expires: �- 9-a0/D
UTILITIES EASEMENT-8
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.. �
State of
County of ���
On � �� �� before me, I`� �!S �iN�4'.�A�f. ` 1�� ��rL
Date Name and Title of fficer e.
� �1�' ,_' • �i�� ��ne�otary Public")
personally appeared � ,
Name(s)oi Signer(s)
�ersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(�sj whose nam��i re�subscribed to the
within instrument and acknowledge o me that hefs�tef�heq
executed the same in hisf+rertthreir authorized capacity(i�
��y�� and that by his/�heir signature�0on the instrument the
� ���'��C� person�or the entity upon behalf of which the person(�
���� � acted, executed the instrument.
MMCam�.6��Mar 19,
WITNESS my hand and official seal.
I�r�t--- �
S n ure of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Desc ' tion of Attached Document
Title or Type o ocument:
Document Date: ber of Pages:
Signer(s) Other Than Named Abo �
Capacity(ies) Claimed by Signer(s
Signer's Name: ' ner's Name:
❑ Individual ❑ Indivi
❑ Corporate Officer ❑ Corporate 'cer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ Ge al ❑ Partner—❑ Limite General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Cons ator . ❑ Guardian or Conservator .
❑ Other: Top of thumb here ❑ OtheC: Top of thumb here
Sig Is Representing: Signer Is Representing:
OO 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91 309-7 7 84 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
w.
CONSENT OF LENDER TO EASEMENT
The undersigned, FANNIE MAE, is the current holder of a loan secured by a lien against
the property commonly known as Bella Vsta Apartments located at N. 26`h Street, Renton,
Washington as evidenced by that certain Deed of Trust and Security Agreement dated recorded
April 25, 2002 under Clerk's File No. 20020425000387 in the Official Records of Real Property
of King County,Washington.
Lender consents to foregoing easement and declares that if Lender (or any other party)
shall take title to the property through foreclosure or deed in lieu thereof, Lender or such party
will not disturb the Easement and will recognize and agree to be bound by the Easement (but
shall not be bound to perform any covenant or pay any charge described therein arising prior to
the date it acquires title to the property).
FANNIE MAE
By: Prudenti esources Inc.
Its:DU ender/Se cer
By:
Name: �
Title: �}sr.;�:,��e-Presic#cnt �.,`�'
�� ,
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the��day of ��ri�, , 2046,
by Sc�} W. !'��Uo� , an RSs�4�. V�ce �rGs�r1�,,.k of
Prudential Asset Resources,as DUS Lender/Servicer for FANNIE MAE.
Inc. ,
`��.. . �-- �-
Notary Public, State of Texas
[SEAL] ,p�''"�`�, �RBARA L.DYER
NOfARIf PIIBUC S1ATE Of iEl(A8
�� corna:ior ExriREs:
°i JUNE 73, 2007
t .
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EXHIBIT A
Legal Description
A utility easement over the following described parcel:
That portion of Government Lot 2, Section 5, Township 23 North, Range 5 East, W.M., King
County, Washington, lying easterly of Lake Washington Boulevard;
EXCEPT that portion platted as Eldon Acres, according to the plat thereof, as recorded in
Volume 11 of Plats, Page 86, in Records of King County, Washington;
ALSO EXCEPT any portion thereof lying southerly and easterly of those common boundary
lines as established under King County Recording Number 8509110605;
TOGETHER WITH that portion of vacated Southeast 100`�' Street(formerly known as
Mildred Avenue) adjoining or abutting thereon, which upon vacation attached to said
premises by operation of law;
ALSO TOGETHER WITH that portion of vacated Pelly Place North(formerly known as
102°d Place Southeast and platted as Garrison Avenue) adjoining or abutting thereon, which
upon vacation attached to said premises by operation of law as provided by City of Renton
Vacation Ordinance No. 3447, recorded under King County Recording Number 8010060646;
Said utility easement more particularly described as follows:
Beginning at the Southwest Corner of Lot 27, Eldon Acres, according to the plat thereof, as
recorded in Volume 11 of Plats, Page 86, in Records of King County;
Thence northwesterly to a point on the westerly boundary line of said lot, a distance of 3.97
feet;
Thence North 51° 12'22" West, a distance of 48.41 feet;
Thence South 38° 08'34" West, a distance of 15.00 feet,to a point approximately 11 feet
westerly of CB-6 per Tamaron Pointe's Grading and Drainage As-Built Plan Sheets C-6
through C-10 and as identified in the City of Renton plan files TED-40-2800;
Thence South 51° 11'S0" East, a distance of 56.53 feet;
Thence South 89° 20'15"East, a distance of 177.44 feet, to a point on the east line of the
above described parcel, said point being 11.15 feet southerly as measured along said east line
of said parcel from the Southeast Corner of Lot 27;
Thence northerly along said east line to said Southeast Corner;
Thence westerly along the southerly boundary line of said Lot 27,to the southwest corner
thereof and the point of beginning;
TOGETHER WITH a 15.00 feet strip of land, said strip having 7.5 feet on each side of the
following described centerline:
Beginning at the center of CB-6 per said Tamaron Pointe's Grading and Drainage As-
Built Plan Sheets;
� !. . .
�,
Thence northwesterly along the storm system centerline, a distance of 100 feet, to the
center of CB-7;
Thence northwesterly, a distance of 192 feet, to the center of CB-8;
Thence northwesterly, a distance of 45 feet, to the center of CB-9;
Thence southwesterly, a distance of 80 feet,to the center of CB-10;
Thence southwesterly, a distance of 45 feet, to the center of CB-11;
Thence southeasterly, a distance of 52 feet, to the center of CB-12;
Thence southwesterly, a distance of 65 feet,to the center of CB-13;
Thence southeasterly, a distance of 51 feet,to the center of CB-14;
Thence southeasterly, a distance of 85 feet,to the center of CB-15;
Thence southeasterly, a distance of 123 feet,to the center of CB-16;
Thence southeasterly, a distance of 220 feet,to the center of CB-17;
Thence southeasterly, a distance of 76 feet,to the center of CB-18;
Thence southeasterly, a distance of 96 feet, to the center of CB-19;
Thence southeasterly, a distance of 49 feet, to the center of CB-20;
Thence southeasterly, a distance of 88 feet, to the center of CB-21;
Thence southeasterly, a distance of 78 feet, to the center of CB-22;
Thence southeasterly, a distance of 154 feet, to the center of CB-23;
Thence southeasterly, a distance of 65 feet, to the center of CB-25;
Thence southwesterly, a distance of 88 feet,to the center of CB-26;
Thence continuing southwesterly, a distance of 11 feet, to the westerly property line;
TOGETHER WITH the westerly 27 feet of the above described parcel, as measured at right
angles to the westerly property line, lying southerly of the above described centerline.
All situate in the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in
the City of Renton, King County, Washington.
, .� . ,
EXHIBIT B 1 of 3
0523059064 0523059066
0523059065
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� NEW STORM LINE I
� I PRIVATE
N I STORM SYSTEM
LOT 27
� �`uri�irr
2296500143 2296500138 �, I EASEMENT
a
Q G ____
o O I �-____
N a I CB��
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/ P`O��L�� / //
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� �/�� CB-6 �
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, --- '�_� �E R�CMEN �
, ���% � 2296500200 p,P P �
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/i CB-e oMe\N S�S-�EM � ��-�� �
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(4 ce-s S X-�� �
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i,�'�G
��\ �,, i
\�\� �B-� %�j � �COMBINED
\� ce-�4 � � X � STORM SYSTEM
� ce-�o ce-i2 �,, ��
��� �
\��\i�-"'`�\ ��i� UTILITYEASEMENT
��''"�� � ��� i 15'WIDE CENTEREDON
ce i� \��� COMBINED STORM SYSTEM
CB-13 =
�
�NG��N���o �
�`���'PSN z
,��
�
L����I����J
o� ioo� EASEMENTS - Belle Vista Apts
� � N 26TH ST / PARK PL N
Scale� 1" = 100' STORM SYSTEM PROJECT
City of Renton Surface Water Utility D. Carey 10/27/06
• � . �
EXHIBIT B 2of3
CB-3
----- -�`. PRIVATE
-------+ �`� STORM SYSTEM ce_26
\ -�� \ ' _ � �
\\\\��� � !i�i � CB-23 ��\
BE��E VIST T C�Mp�EX \��;�;% �
APp,R�MEN �/i��
/i�/ N
w � �� w
Z CB-2o/ !� Z
J � �� / CB-21 �
� � %� x/ � COMBINED �
� ce-�'i�� ce ai STORM SYSTEM �
� � �
,�_--
� � UTILITY EASEMENT
ce-» 15'WIDE CENTERED ON
COMBINED STORM SYSTEM
P<ovg��`� �N�'��N��v0
����PgN
,��
L����I����J �
�
O
z
�—
o� ioo� EASEMENTS - Belle Vista Apts
► � N 26TH ST/ PARK PL N
Scale� 1" = 100' STORM SYSTEM PROJECT
City of Renton Surface Water Utility D. Carey 10/27/06
. . .
' . , . , .
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�,,..,.
EXHIBIT B 3of3
BELLE VISTA PRIVATE
APARTMENT STORM SYSTEM
COMPLEX
CB-26 �����A CB-24 \NG�oN���0
_—�'� COMBINED �,�� �PSN
— �\\��STORM SYSTEM � /i� �' �� ���
��, ��
i,- � ��
��� \ ���v���° -'� �y v�e ��
� i�� gw��—' pcoPe \\
�� ��� �
����
N CB-26
W
Z
J UTILITY EASEMENT
� 27'WIDE
a
� UTILITY EASEMENT
15'WIDE CENTERED ON
COMBINED STORM SYSTEM
_
�
�NG��N���o �
�AK��PSN z
�
o� loo� EASEMENTS - Belle Vista Apts
� � N 26TH ST / PARK PL N
Scale� 1" = 100' STORM SYSTEM PROJECT
City of Renton Surface Water Utility D. Carey 10/27/06
, s .
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EXHIBIT C - Restoration Areas 1 of 1
�� � — T
NEW STORM LINE ' UTILITY EASEMENT =
� �
� AREA C �
\ �o_ _ — — — — ; TO EAST PROPERTY LIN z
� � �
o �
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City of Renton Surface Water Utility D. Carey 10/16/06