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LAG-16-001 When recorded, return to: . City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98057 _„ `v� WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark-Commissionerof PublicLands AQUATIC LANDS EASEMENT Easement No. 51-091654 Grantor: Washington State Department of Natural Resources Grantee(s): City of Renton Legal Description: Section 16, Township 23 North, Range 5 East, W.M. Assessor's Property Tax Parcel or Account Number: Not Applicable Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with this Easement: Not Applicable THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and the CITY OF RENTON, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington (hereinafter"Grantee". State has authority to enter into this Easement under Chapter 43.12 RCW, Chapter 43.30 RCW, and Title 79 of the Revised Code of Washington(RCW). THE Parties agree as follows: SECTION 1 GRANT OF EASEMENT 1.1 Easement Defined. (a) State grants and conveys to Grantee a nonexclusive easement, subject to the terms and conditions of this agreement, over,upon, and under the real property at: the Cedar River described in Exhibit A. In this agreement, the term"Easement" means this agreement and the rights granted; the term"Easement Property"means the real property subject to the easement. Aquatic Lands Easement Page 1 of 26 Easement No. 51-091654 (b) This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the Office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or federal navigation servitude; and treaty rights of Indian Tribes. (c) This Easement does not include any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other valuable materials (d) This Easement does not include the right to grant easements and franchises to third parties. State reserves the right to reasonably grant, condition, or approve all third party easements and franchises regardless of whether the third party's use is incidental to the Easement. State shall not unreasonably condition or deny third- party easements or franchises necessary for continuation of utilities, including communication systems. 1.2 Survey and Easement Property Descriptions. (a) Grantee prepared Exhibit A, which describes the Easement Property. Grantee represents that Exhibit A is a true and accurate description of the Easement boundaries and the improvements to be constructed or already existing in the Easement area. Grantee's obligation to provide a true and accurate description of the Easement Property boundaries is a material term of this Easement. (b) State's acceptance of Exhibit A does not constitute ageement that Grantee's property description accurately reflects the actual amount of land used by Grantee. 1.3 Condition of Easement Property. State makes no representation regarding the condition of the Easement Property, improvements located on the Easement Property, the suitability of the Easement Property for Grantee's Permitted Use, compliance with governmental laws and regulations, availability of utility rights, access to the Easement Property, or the existence of hazardous substances on the Easement Property. SECTION 2 USE 2.1 Permitted Use. Grantee shall use the Easement Property for: a pedestrian bridge and eight(8) attached utility crossings (the"Permitted Use"), and for no other purpose, including utilities unless specifically identified as part of the Permitted Use. The Permitted Use is described or shown in detail in Exhibit B. 2.2 Restrictions on Use. (a) The limitations in this Paragraph 2.2 apply to the Property and adjacent state- owned aquatic land. Grantee's compliance with this Paragraph 2.2 does not limit Grantee's liability under any other provision of this Easement. (b) Grantee shall not cause or permit: Aquatic Lands Easement Page 2 of 26 Easement No. 51-091654 (1) Damage to natural resources, (2) Waste, or (3) Deposit of material,unless approved by State in writing. This prohibition includes deposit of fill,rock, earth,ballast, wood waste,refuse, garbage, waste matter, pollutants of any type, or other matter. 2.3 Conformance with Laws. Grantee shall keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding Grantee's use of the Easement Property. 2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of any liens and encumbrances arising out of or relating to its use of the Easement Property, unless expressly authorized by State in writing. 2.5 Interference with Other Uses. (a) Grantee shall exercise Grantee's rights under this Easement in a manner that minimizes or avoids interference with the rights of State, the public or others with valid right to use or occupy the Easement Property or surrounding lands and water. (b) To the fullest extent reasonably possible, Grantee shall place and construct Improvements in a manner that allows unobstructed movement in and on the waters above and around the Easement Property. (c) Except in an emergency, Grantee shall provide State with written notice of construction or other significant activity on Easement Property at least thirty(30) days in advance. "Significant Activity"means any activity that may affect use or enjoyment by the State,public, or others with valid rights to use or occupy the Easement Property or surrounding lands and water. (d) Grantee shall mark the location of any hazards associated with the Permitted Use and any Improvements in a manner that ensures reasonable notice to the public. SECTION 3 TERM 3.1 Term Defined. The term of this Easement is Thirty(30) years (the"Term"), beginning on the lst day of May, 2016 (the"Commencement Date"), and ending on the 30th day of April, 2046 (the"Termination Date"),unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement.This Easement does not provide a right of renewal. Grantee may apply for a new Easement, which State has discretion to grant. Grantee must apply for a new Easement at least one(1) year prior to Termination Date. State shall notify Grantee within ninety(90) days of its intent to approve or deny a new Easement. Aquatic Lands Easement Page 3 of 26 Easement No. 51-091654 3.3 End of Term. (a) Upon the expiration or termination of this Easement, Grantee shall remove Improvements in accordance with Section 7, Improvements, and surrender the Easement Property to State in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. (b) Definition of Reasonable Wear and Tear. (1) Reasonable wear and tear is deterioration resulting from the Permitted Use that has occurred without neglect, negligence, carelessness, accident, or abuse by Grantee or Grantee's contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees. (2) Reasonable wear and tear does not include any deposit of material prohibited under Paragraph 2.2(b)unless expressly permitted by State in writing and regardless of whether the deposit is incidental to or the byproduct of the Permitted Use. (c) If Easement Property is in worse condition, excepting for reasonable wear and tear, on the surrender date than on the Commencement Date, the following provisions apply. (1) State shall provide Grantee a reasonable time to take all steps necessary to remedy the condition of the Easement Property. State may require Grantee to enter into a right-of-entry or other use authorization prior to the Grantee entering the Easement Property to remedy any breach of this Paragraph 3.3. (2) If Grantee fails to remedy the condition of the Easement Property in a timely manner, State may take any steps reasonably necessary to remedy Grantee's failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Easement Property, lost revenue resulting from the condition of the Easement Property prior to and during remedial action, and any administrative costs associated with the remedial action. SECTION 4 FEES 4.1 Fee. a) For the Term, Grantee shall pay to State an administrative fee calculated in accordance with RCW RCW 79.110.230(1)payable on or before the Commencement Date for the utility lines detailed under Exhibit B. b) For the Term, Grantee shall pay to State a fee of Zero Dollars ($0.00) for the bridge crossing detailed under Exhibit B. This Use allows for free or reduced rent for public use and access that meets the requirements of WAC 332-30-131. If the Use ceases to meet these requirements,the State will charge Tenant in accordance with RCW 79-110-120. 4.2 Payment Place. Grantee shall make payrnent to Financial Management Division, 1111 Washington St SE, PO Box 47041, Olympia, WA 98504-7041. Aquatic Lands Easement Page 4 of 26 Easement No. 51-091654 SECTION 5 OTHER EXPENSES 5.1 Utilities. Grantee shall pay all fees charged for utilities required or needed by the Permitted Use. 5.2 Taxes and Assessments. Grantee shall pay all taxes, assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Easement and the Permitted Use. 5.3 Failure to Pay. If Grantee fails to pay any of the amounts due under this Easement, State may pay the amount due, and recover its cost in accordance with Section 6. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Failure to Pay. Failure to pay any fees or other expenses is a default by Grantee. State may seek remedies in Section 14 as well as late charges and interest as provided in this Section 6. 6.2 Late Charge. If State does not receive any payment within ten(10) days of the date due, Grantee shall pay to State a late charge equal to four percent(4%) of the unpaid or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State incident to the delay. 6.3 Interest Penalty for Past Due Fees and Other Sums Owed. (a) Grantee shall pay interest on the past due fee at the rate of one percent(1%)per month until paid, in addition to paying the late charges determined under Paragraph 6.2. Fee not paid by the close of business day on the due date will begin accruing interest the day after the due date. (b) If State pays or advances any amounts for or on behalf of Grantee, Grantee shall reimburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent(1%)per month from the date State notifies Grantee of the payment or advance. 'This includes,but is not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Paragraph 2.2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due. 6.4 Referral to Collection Agency and Collection Agency Fees. If State does not receive payment within thirty(30) days of the due date, State may refer the unpaid amount to a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Grantee shall pay collection agency fees in addition to the unpaid amount. 6.5 No Accord and Satisfaction. If Grantee pays, or State otherwise receives, an amount less than the full amount then due, State may apply such payment as it elects. No endorsement ar statement on any check, any payment, or any letter accompanying any check or payment constitutes accord and satisfaction. Aquatic Lands Easement Page 5 of 26 Easement No. 51-091654 SECTION 7 IMPROVEMENTS 7.1 Improvements Defined. (a) "Improvements," consistent with RCW 79.105 through 79.145, are additions within, upon, or attached to the land. This includes,but is not limited to structures and fixtures. (b) "Personal Property"means items that can be removed from the Easement Property without(1) injury to the Easement Property, adj acent state-owned lands or Improvements or(2) diminishing the value or utility of the Easement Property, adjacent state-owned lands or Improvements. (c) "State-Owned Improvements" are Improvements made or owned by State. State- Owned Improvements includes any construction, alteration, or addition to State- Owned Improvements made by Grantee.(d) "Grantee-Owned Improvements" are Improvements made by Grantee with State's consent. (e) "Unauthorized Improvements" are Improvements made on the Easement Property without State's prior consent or Improvements made by Grantee that do not conform with plans submitted to and approved by the State. (� "Improvements Owned by Others" are Improvements made by Others with a right to occupy or use the Easement Property or adjacent state-owned lands. 7.2 Existing Improvements. On the Commencement Date, the following Improvements are located on the Easement Property: Pedestrian bridge and eight(8) utilities. 7.3 Construction,Major Repair, Modification, and Demolition. (a) This Paragraph 7.3 governs construction, alteration,replacement,major repair, modification alteration, demolition and deconstruction of Improvements ("Work"). Section 11 governs routine maintenance and minor repair of Improvements and Easement Property. (b) All Work must conform with State's standards for Improvements current at the time Grantee submits plans and specifications for State's approval. (c) Except in an emergency, Grantee shall not conduct any Work without State's prior written consent, as follows: (1) State may deny consent if State determines that denial is in the best interests of the State. State may impose additional conditions reasonably intended to protect and preserve the Easement Property. If Work is for removal of Improvements at End of Term, State may waive removal of some or all Improvements. (2) Except in an emergency, Grantee shall submit to State plans and specifications describing the proposed Work at least sixty(60) days before submitting permit applications to regulatory authorities unless Grantee and State otherwise agree to coordinate permit applications. At a minimum, or if no permits are necessary, Grantee shall submit plans and specifications at least ninety(90) days before commencement of Work. Aquatic Lands Easement Page 6 of 26 Easement No. 51-091654 (3) State waives the requirement for consent if State does not notify Grantee of its grant or denial of consent within sixty(60) days of submittal. (d) Grantee shall notify State of emergency Work within five(5)business days of the start of such Work. Upon State's request, Grantee shall provide State with plans and specifications or as-builts of emergency Work. (e) Grantee shall not commence or authorize Work until Grantee or Grantee's contractor has: (1) Obtained a performance and payment bond consistent with section 7.2 of the Renton Municipal Policy and Procedure 250-OZ (Purchasing, Bidding and Contracting Requirements). Grantee shall maintain the performance and payrnent bond until Grantee pays in full the costs of the Work, including all laborers and material persons. (2) Obtained all required permits. (3) Provided notice of Significant Activity in accordance with Paragraph 2.5(c). (fl Grantee shall preserve and protect Improvements Owned by Others, if any. (g) Grantee shall preserve all legal land subdivision survey markers and witness objects ("Markers"). If disturbance of a Marker will be a necessary consequence of Grantee's construction, Grantee shall reference and/or replace the Marker in accordance with all applicable laws and regulations current at the time, including, but not limited to Chapter 58.24 RCW. At Grantee's expense, Grantee shall retain a registered professional engineer or licensed land surveyor to reestablish destroyed or disturbed Markers in accordance with U.S. General Land Office standards. (h) Before completing Work, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of Work. If Work is intended for removal of Improvements at End of Term, Grantee shall restore the Easement Property in accordance with Paragraph 3.3, End of Term. (i) Upon completing work, Grantee shall promptly provide State with as-built plans and specifications. (j) State shall not charge rent for authorized Improvements installed by Grantee during this Term of this Easement,but State may charge rent for such Improvements when and if the Grantee or successor obtains a subsequent use authorization for the Easement Property and State has waived the requirement for Improvements to be removed as provided in Paragraph 7.4. 7.4 Grantee-Owned Improvements at End of Easement. (a) Disposition. (1) Grantee shall remove Grantee-Owned Improvements in accordance with Paragraph 7.3 upon the expiration,termination, or cancellation of the Easement unless State waives the requirement for removal. Aquatic Lands Easement Page 7 of 26 Easement No. 51-091654 (2) Grantee-Owned Improvements remaining on the Easement Property on the expiration, termination, or cancellation date become State-Owned Improvements without payment by State,unless State elects otherwise. State may refuse or waive ownership. ' (3) If Grantee-Owned Improvements remain on the Easement Property after the expiration, termination, or cancellation date without State's consent, State may remove all Improvements and Grantee shall pay the costs of removal and disposal. (b) Conditions Under Which State May Waive Removal of Grantee-Owned Improvements. (1) State may waive removal of any or all Grantee-Owned Improvements whenever State determines that it is in the best interests of the State. (2) If Grantee renews the Easement or enters into a new Easement, State may waive requirement to remove Grantee-Owned Improvements. State also may consent to Grantee's continued ownership of Grantee-Owned Improvements. (3) If Grantee does not renew the Easement or enter into a new Easement, State may waive requirement to remove Grantee-Owned Improvements upon consideration of a timely request from Grantee, as follows: (i) Grantee must notify State at least one(1) year before the Termination Date of its request to leave Grantee-Owned Improvements. (ii) State, within ninety(90) days, will notify Grantee whether State consents to any or all Grantee-Owned Improvements remaining. State has no obligation to grant consent. (iii) State's failure to respond to Grantee's request to leave Improvements within ninety(90) days is a denial of the request. (c) Grantee's Obligations if State Waives Removal. (1) Grantee shall not remove Improvements if State waives the requirement for removal of any or all Grantee-Owned Improvements. (2) Grantee shall maintain such Improvements in accordance with this Easement until the expiration, termination, or cancellation date. Grantee is liable to State for cost of repair if Grantee causes or allows damage to Improvements State has designated to remain. 7.5 Disposition of Unauthorized Improvements. (a) Unauthorized Improvements belong to State,unless State elects otherwise. (b) State may either: (1) Consent to Grantee ownership of the Improvements, or (2) Charge use and occupancy fee in accordance with RCW 79.105.200 of the Improvements from the time of installation or construction and (i) Require Grantee to remove the Improvements in accordance with Paragraph 7.3, in which case Grantee shall pay use and occupancy fee for the Improvements until removal, Aquatic Lands Easement Page 8 of 26 Easement No. 51-091654 (ii) Consent to Improvements remaining and Grantee shall pay use and occupancy fee for the use of the Improvements, or (iii) Remove Improvements and Grantee shall pay for the cost of removal and disposal, in which case Grantee shall pay use and occupancy fee for use of the Improvements until removal and disposal. 7.6 Disposition of Personal Property. (a) Grantee retains ownership of Personal Property unless Grantee and State agree otherwise in writing. (b) Grantee shall remove Personal Property from the Easement Property by the Termination Date. Grantee is liable for any damage to the Easement Property and to any Improvements that may result from removal of Personal Property. (c) State may sell or dispose of all Personal Property left on the Easement Property after the Termination Date. (1) If State conducts a sale of Personal Property, State shall apply proceeds first to the State's administrative costs in conducting the sale, second to payment of amount that then may be due from the Grantee to the State, and State shall pay the remainder, if any, to the Grantee. (2) If State disposes of Personal Property, Grantee shall pay for the cost of removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATIONS 8.1 Defmitions. (a) "Hazardous Substance"means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance,rule, regulation, or other law relating to human health, environmental protection, contamination,pollution, or cleanup. (b) "Release or threatened release of Hazardous Substance"means a release or threatened release as defined under any law described in Paragraph 8.1(a). (c) "Utmost care"means such a degree of care as would be exercised by a very careful,prudent, and competent person under the same or similar circumstances; the standard of care applicable under the Washington State Model Toxics Control Act ("MTCA"), Chapter 70.105 RCW, as amended. (d) "Grantee and affiliates" when used in this Section 8 means Grantee or Grantee's subgrantees, contractors, agents, employees, guests, invitees, licensees, affiliates, or any person on the Easement Property with the Grantee's permission. (e) "Liabilities" as used in this Section 8 means any claims, demands,proceedings, lawsuits, damages, costs, expenses, fees (including attorneys' fees and disbursements), penalties, or judgments. Aquatic Lands Easement Page 9 of 26 Easement No. 51-091654 8.2 General Conditions. (a) Grantee's obligations under this Section 8 extend to the area in, on,under, or above: (1) The Easement Property and (2) Adjacent state-owned aquatic lands if affected by a release of Hazardous Substances that occurs as a result of the Permitted Use. (b) Standard of Care. (1) Grantee shall exercise the utmost care with respect to Hazardous Substances. (2) As relates to the Permitted Use, Grantee shall exercise utmost care for the foreseeable acts or omissions of third parties with respect to Hazardous Substances, and the foreseeable consequences of those acts or omissions, to the extent required to establish a viable,third-party defense under the law. 8.3 Current Conditions and Duty to Investigate. (a) State makes no representation about the condition of the Easement Property. Hazardous Substances may exist in, on, under, or above the Easement Property. (b) This Easement does not impose a duty on State to conduct investigations or supply information to Grantee about Hazardous Substances. (c) Grantee is responsible for conducting all appropriat�inquiry and gathering sufficient information about the existence, scope, and location of Hazardous Substances on or near the Property necessary for Grantee to meet Grantee's obligations under this Easement and utilize the Property for the Permitted Use. 8.4 Use of Hazardous Substances. (a) Grantee and affiliates shall not use, store, generate, process, transport, handle, release, or dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Grantee shall not undertake, or allow others to undertake by Grantee's permission, acquiescence, or failure to act, activities that result in a release or threatened release of Hazardous Substances. (c) If use of Hazardous Substances related to the Permitted Use results in a violation of law: (1) Grantee shall submit to State any plans for remedying the violations, and (2) Grantee shall implement any measures to restore the Easement Property or natural resources that State may require in addition to remedial measures required by regulatory authorities. 8.5 Management of Contamination, if any. (a) Grantee and affiliates shall not undertake activities that: (1) Damage or interfere with the operation of remedial or restoration activities, if any; (2) Result in human or environmental exposure to contaminated sediments, if any; Aquatic Lands Easement Page 10 of 26 Easement No. 51-091654 (3) Result in the mechanical or chemical disturbance of on-site habitat mitigation, if any. (b) If requested, Grantee shall allow reasonable access to: (1) Employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology,health department, or other similar environmental agencies; and (2) Potentially liable or responsible parties who are the subject of an order or consent decree that requires access to the Easement Property. Grantee may negotiate an access agreement with such parties,but Grantee may not unreasonably withhold such agreement. 8.6 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances; (2) Any new discovery of or new information about a problem or liability related to, or derived from, the presence of Hazardous Substances; (3) Any lien or action arising from Hazardous Substances; (4) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances; (5) Any notification from the US Environmental Protection Agency(EPA) or the Washington State Department of Ecology(DOE)that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee's duty to report under Paragraph 8.6(a) extends to lands described in Paragraph 8.2(a) and to any other property used by Grantee in conjunction with the Easement Property if a release of Hazardous Substances on the other property could affect the Easement Property. (c) Grantee shall provide State with copies of all documents Grantee submits to any federal, state, or local authorities concerning environmental impacts or proposals relative to the Easement Property. Documents subject to this requirement include, but are not limited to, applications, reports, studies, or audits for National Pollution Discharge and Elimination System Permits; Army Corps of Engineers permits; State Hydraulic Project Approvals (HPA); State Water Quality certification; Substantial Development permit; and any reporting necessary for the existence, location, and storage of Hazardous Substances on the Property. 8.7 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities that arise out of, or relate to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property; Aquatic Lands Easement Page 11 of 26 Easement No. 51-091654 (2) The release or threatened release of any Hazardous Substance resulting from any act or omission of Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property. (b) Grantee shall fully indemnify, defend, and hold State harmless for any Liabilities that arise out of or relate to Grantee's breach of obligations under Paragraph 8.5. (c) Grantee has no duty to indemnify State for acts or omissions of third parties unless and only if an administrative or legal proceeding arising from a release or threatened release of Hazardous Substances finds or holds that Grantee failed to exercise care as described in Paragraph 8.2(b)(2). In such case, Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities arising from the acts or omissions of third parties in relation to the release or threatened release of Hazardous Substances. This includes Liabilities arising before the finding or holding in the proceeding. 8.8 Reservation of Rights. (a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the Parties expressly reserve and do not waive any rights, claims, immunities, causes of action, or defenses relating to Hazardous Substances that either Party may have against the other under law. (b) The Parties expressly reserve all rights, claims, immunities, and defenses either Party may have against third parties. Nothing in this Section 8 benefits or creates rights for third parties. (c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8 do not release either Party from or affect the liability of either Party for Hazardous Substances claims or actions by regulatory agencies. 8.9 Cleanup. (a) If Grantee's act, omission, or breach of obligation under Paragraph 8.4 results in a release of Hazardous Substances that exceeds the threshold limits of any applicable regulatory standard, Grantee shall, at Grantee's sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances in accordance with applicable law. (b) Grantee may undertake a cleanup of the Property pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that Grantee cooperates with the Department of Natural Resources in development of cleanup plans. Grantee shall not proceed with Voluntary Cleanup without the Department of Natural Resources approval of final plans. Nothing in the operation of this provision is an agreement by the Department of Natural Resources that the Voluntary Cleanup complies with any laws or with the provisions of this Easement. Grantee's completion of a Voluntary Cleanup is not a release from or waiver of any obligation for Hazardous Substances under this Easement. Aquatic Lands Easement Page 12 of 26 Easement No. 51-091654 8.10 Sampling by State,Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances. (b) If such Tests, along with any other information, demonstrate a breach of Grantee's obligations regarding Hazardous Substances under this Easement, Grantee shall promptly reimburse State for all costs associated with the Tests, provided State gave Grantee thirty(30) calendar days advance notice in nonemergencies and reasonably practical notice in emergencies. (c) In nonemergencies, Grantee is entitled to obtain split samples of Test samples, provided Grantee gives State written notice requesting split samples at least ten (10) calendar days before State conducts Tests. Upon demand, Grantee shall promptly reimburse State for additional cost, if any, of split samples. (d) If either Party conducts Tests on the Property, the conducting Party shall provide the other with validated final data and quality assurance/quality control/chain of custody information about the Tests within sixty(60) calendar days of a written request by the other party, unless Tests are part of a submittal under Paragraph 8.6(c) in which case Grantee shall submit data and information to State without written request by State. Neither party is obligated to provide any analytical summaries or the work product of experts. SECTION 9 ASSIGNMENT Grantee shall not assign any part of Grantee's interest in this Easement or the Easement Property or grant any rights or franchises to third parties without State's prior written consent, which State shall not unreasonably condition or withhold. SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE 10.1 Indemnity. Each Party is responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. 10.2 Insurance Terms. (a) Insurance Required. (1) Grantee certifies that it is self-insured for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Paragraph 10.2 and by Paragraph 10.3, Insurance Types and Limits. Grantee shall provide to State evidence of its status as a self-insured entity. Upon request by State, Grantee shall provide a written description of its financial condition and/or the self-insured funding mechanism. Grantee shall provide State with at least thirty(30) days' written notice prior to any material changes to Grantee's self-insured funding mechanism. Aquatic Lands Easement Page 13 of 26 Easement No. 51-091654 (2) Unless State agrees to an exception, Grantee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington and have a rating of A- or better by the most recently published edition of Best's Reports. Grantee may submit a request to the risk manager for the Department of Natural Resources to approve an exception to this requirement. If an insurer is not admitted, the insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. (3) If Grantee acquires insurance outside of the self-insurance program, all general liability, excess,umbrella, property, builder's risk, and pollution legal liability insurance policies must name the State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees as an additional insured. (4) All insurance provided in compliance with this Easement must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Grantee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this Easement covers these damages. (2) Except as prohibited by law, Grantee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this Easement. (c) Proof of Insurance. (1) Grantee shall provide State with a certificate(s) of insurance executed by a duly authorized representative of each insurer, or evidence of self- insurance, showing compliance with insurance requirements specified in this Easement and, if requested, copies of policies to State. (2) The certificate(s) of insurance, or evidence of self-insurance, must reference the Easement number. (3) Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non-renewal of any insurance required by this Easement, as follows: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten(10) days' advance notice of cancellation; otherwise, provide State forty-five(45) days' advance notice of cancellation or non- renewal. (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium,provide State ten(10) days' advance notice of cancellation; otherwise,provide State thirty(30) days' advance notice of cancellation or non-renewal. Aquatic Lands Easement Page 14 of 26 Easement No. 51-091654 (e) Adjustments in Insurance Coverage. (1) State may impose changes in the limits of liability for all types of insurance as State deems necessary. (2) Grantee shall secure new or modified insurance coverage within thirty (30) days after State requires changes in the limits of liability. (� If Grantee fails to procure and maintain the insurance described above within fifteen(15) days after Grantee receives a notice to comply from State, State may either: (1) Deem the failure an Event of Default under Section 14, or (2) Procure and maintain comparable substitute insurance and pay the premiums. Upon demand, Grantee shall pay to State the full amount paid by State, together with interest at the rate provided in Paragraph 6.2 from the date of State's notice of the expenditure until Grantee's repayment. (g) General Terms. , (1) State does not represent that coverage and limits required under this Easement are adequate to protect Grantee. (2) Coverage and limits do not limit Grantee's liability for indemnification and reimbursements granted to State under this Easement. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to Easement Property first to restore the Easement Property, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Grantee. 10.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Grantee shall maintain commercial general liability insurance (CGL) or marine general liability(MGL), or self-insurance, covering claims for bodily injury,personal injury, or property damage arising on the Easement Property and/or arising out of the Permitted Use and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000)per each occurrence. If such CGL, MGL, or self- insurance contains aggregate limits, the general aggregate limit must be at least twice the"each occurrence" limit. CGL, MGL, or self- insurance must have products-completed operations aggregate limit of at least two times the"each occurrence"limit. (2) CGL insurance must be written on Insurance Services Office(ISO) Occurrence Form CG 00 Ol (or a substitute form providing equivalent coverage). All insurance or self-insurance must cover liability arising out of premises, operations, independent contractors, products completed operations,personal injury and advertising injury, and liability assumed under an insured contract(including the tort liability of another party assumed in a business contract) and contain separation of insured (cross- liability) condition. (3) MGL insurance must have no exclusions for non-owned watercraft. Aquatic Lands Easement Page 15 of 26 Easement No. 51-091654 (b) Workers' Compensation. (1) State of Washington Workers' Compensation. (i) Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Grantee shall provide workers' compensation coverage for all employees of Grantee. Coverage must include bodily injury(including death)by accident or disease, which arises out of or in connection with the Permitted Use or related activities. (ii) If Grantee fails to comply with all State of Washington workers' compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Grantee shall indemnify State. Indemnity includes all fines;payment of benefits to Grantee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Workers' and Jones Acts. Longshore and Harbor Workers' Act(33 U.S.C. Section 901 et seq.) and/or the Jones Act(46 U.S.C. Section 688)may require Grantee to provide insurance coverage in some circumstances. Grantee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with law. Grantee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (c) Washington Stop Gap Coverage. Grantee shall procure Washington Stop Gap Coverage insurance or maintain self-insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000) for each accident for bodily injury by accident or One Million Dollars ($1,000,000) for each employee for bodily injury by disease. 10.4 Financial Security. (a) At its own expense, Grantee shall procure and maintain during the Term of this Easement a corporate security bond or provide other financial security that State may approve("Security"). Grantee shall provide Security in an amount equal to Zero Dollars ($0), which is consistent with RCW 79.105.330, and secures Grantee's performance of its obligations under this Easement, with the exception of the obligations under Section 8, Environmental Liability/Risk Allocation. Grantee's failure to maintain the Security in the required amount during the Term constitutes a breach of this Easement. (b) All Security must be in a form acceptable to the State. (1) Bonds must be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better, in the most recently published edition of Best's Reports, unless State approves an exception. Grantee may submit a request to the Risk Manager for the Department of Natural Resources for an exception to this requirement. Aquatic Lands Easement Page 16 of 26 Easement No. 51-091654 (2) Letters of credit, if approved by State,must be irrevocable, allow State to draw funds at will, provide for automatic renewal, and comply with RCW 62A.5-101, et. seq. (3) Savings account assignments, if approved by State,must allow State to draw funds at will. (c) Adjustment in Amount of Security. (1) State may require an adjustment in the Security amount: (i) At the same time as revaluation, if any, (ii) As a condition of approval of assignment of this Easement, (iii) Upon a material change in the condition or disposition of any Improvements, or (iv) Upon a change in the Permitted Use. (2) Grantee shall deliver a new or modified form of Security to State within thirty(30) days after State has required adjustment of the amount of the Security. (d) Upon any default by Grantee in its obligations under this Easement, State may collect on the Security to offset the liability of Grantee to State. Collection on the Security does not(1)relieve Grantee of liability, (2) limit any of State's other remedies, (3) reinstate or cure the default or(4)prevent termination of the Easement because of the default. SECTION 11 ROUTINE MAINTENANCE AND REPAIR 11.1 State's Repairs.This Easement does not obligate State to make any alterations, maintenance, replacements, or repairs in, on, or about the Easement Property, during the Term. 11.2 Grantee's Repairs and Maintenance. (a) Routine maintenance and repair are acts intended to prevent a decline, lapse or, cessation of the Permitted Use and associated Improvements. Routine maintenance or repair is the type of work that does not require regulatory permits. (b) At Grantee's sole expense, Grantee shall keep and maintain all Grantee-Owned Improvements and the Easement Property as it relates to the Permitted Use in good order and repair and in a safe condition. State's consent is not required for routine maintenance or repair. (c) At Crrantee's own expense, Grantee shall make any additions, repairs, alterations, maintenance, replacements, or changes to the Easement Property or to any Improvements on the Easement Property that any public authority requires because of the Permitted Use. (d) Upon completion of maintenance activities, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of wark. Aquatic Lands Easement Page 17 of 26 Easement No. 51-091654 SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a) In the event of any known damage to or destruction of the Easement Property or any Improvements, Grantee shall promptly give written notice to State. State does not have actual knowledge of the damage or destruction of the Easement Property or any Improvements without Grantee's written notice. (b) Unless otherwise agreed in writing, Grantee shall promptly reconstruct,repair, or replace any Improvements in accordance with Paragraph 7.3, Construction, Major Repair, Modification, and Demolition, as nearly as possible to its condition immediately prior to the damage or destruction. Where damage to state-owned aquatic land or natural resources is attributable to the Permitted Use or related activities, Grantee shall promptly restore the lands or resources to the condition . preceding the damage in accordance with Paragraph 7.3 unless otherwise agreed in writing. 12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of the Easement Property unless State provides written notice to Grantee of each specific claim waived. 12.3 Insurance Proceeds. Grantee's duty to reconstruct, repair, or replace any damage or destruction of the Easement Property or any Improvements on the Easement Property is not conditioned upon the availability of any insurance proceeds to Grantee from which the cost of repairs may be paid. The Parties shall use insurance proceeds in accordance with Paragraph 10.2(g)(3). SECTION 13 CONDEMNATION In the event of condemnation, the Parties shall allocate the award between State and Grantee based upon the ratio of the fair market value of(1) Grantee's rights in the Easement Property and Grantee-Owned Improvements and (2) State's interest in the Easement Property; the reversionary interest in Grantee-Owned Improvements, if any; and State-Owned Improvements. In the event of a partial taking, the Parties shall compute the ratio based on the portion of Easement Property or Improvements taken. If Grantee and State are unable to agree on the allocation, the Parties shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. SECTION 14 REMEDIES AND TERMINATION 14.1 Breach. (a) State may terminate this Easement upon Grantee's failure to cure a breach of its terms within sixty(60) days of State's written notice of breach. Aquatic Lands Easement Page 18 of 26 Easement No. 51-091654 (b) For nonmonetary breach not capable of cure within sixty(60) days, State will not unreasonably withhold approval of a reasonable alternative cure schedule. Grantee must submit a cure schedule within thirty(30) days of a notice of breach. State shall not terminate if State approves the schedule and Grantee works diligently and in good faith to execute the cure. State may terminate if Grantee fails to timely submit a schedule or fails to cure in accordance with an approved schedule. (c) If breach arises from Grantee's failure to comply with restrictions on Permitted use under Paragraph 2.2, State may, without terminating this Easement, restore the natural resources or Property and charge Grantee restoration costs and/or charge Grantee damages. On demand by State, Grantee shall pay all costs and/or damages. 14.2 Termination by Nonuse. If Grantee does not use the Easement Property for a period of three(3) successive years, this Easement terminates without further action by State. Grantee's rights revert to State upon Termination by Nonuse. 14.3 Termination by Grantee. Grantee may terminate this Easement upon providing State with sixty(60) days written notice of intent to terminate. Grantee shall comply with Paragraph 3.3, End of Term. 14.4 Remedies Not Exclusive.The remedies specified under this Section 14 are not exclusive of any other remedies or means of redress to which the State is lawfully entitled for Grantee's breach or threatened breach of any provision of this Easement. SECTION 15 NOTICE AND SUBMITTALS Following are the locations for delivery of notice and submittals required or permitted under this Easement. Any Party may change the place of delivery upon ten(10) days written notice to the other. State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics 950 Farman Avenue North Enumclaw, WA 98022-9282 Email: aquaticleasing.shoreline@dnr.wa.gov Grantee: CITY OF RENTON Community Services Department 1055 South Grady Way, 6th Floor Renton, WA 98057 Email: lbetlach@rentonwa.gov Aquatic Lands Easement Page 19 of 26 Easement No. 51-091654 The Parties may deliver any notice in person,by e-mail, or by certified mail. Depending on the method of delivery, notice is effective upon personal delivery, upon receipt of a confirmation report if delivered by e-mail, or three(3) days after mailing. All notices must identify the Easement number. SECTION 16 MISCELLANEOUS 16.1 Authority. Grantee and the person or persons executing this Easement on behalf of Grantee represent that Grantee is qualified to do business in the State of Washington, that Grantee has full right and authority to enter into this Easement, and that each and every person signing on behalf of Grantee is authorized to do so. Upon State's request, Grantee shall provide evidence satisfactory to State confirming these representations. 16.2 Successors and Assigns.This Easement binds and inures to the benefit of the Parties, their successors, and assigns. 16.3 Headings.The headings used in this Easement are for convenience only and in no way define, limit, or extend the scope of this Easement or the intent of any provision. 16.4 Entire Agreement. This Easement, including the exhibits and addenda, if any, contains the entire agreement of the Parties. This Easement merges all prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Easement Property. 16.5 Waiver. (a) The waiver of any breach or default of any term, covenant, or condition of this Easement is not a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Easement. (b) 'The renewal of the Easement, extension of the Easement, or the issuance of a new Easement to Grantee, does not waive State's ability to pursue any rights or remedies under the Easement. 16.6 Cumulative Remedies. The rights and remedies under this Easement are cumulative and in addition to all other rights and remedies afforded by law or equity or otherwise. 16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Easement. 16.8 Language. The singular includes the plural, and the neuter includes the masculine and feminine. The word"persons,"whenever used, includes individuals, firms, associations, and corporations. The word"Parties"means State and Grantee in the collective. The word"Party" means either or both State and Grantee, depending on context. Aquatic Lands Easement Page 20 of 26 Easement No. 51-091654 16.9 Invalidity. The invalidity, voidness, or illegality of any provision of this Easement does not affect, impair, or invalidate any other provision of this Easement. 16.10 Applicable Law and Venue. 'This Easement is to be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute means that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement is in the Superior Court for Thurston County, Washington. 16.11 Recordation. At Grantee's expense and no later than thirty(30) days after receiving the fully-executed Easement, Grantee shall record this Easement in the county in which the Property is located. Grantee shall include the parcel number of the upland property used in conjunction with the Property, if any. Grantee shall provide State with recording information, including the date of recordation and file number. 16.12 Modification.No modification of this Easement is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 16.13 Survival.Any obligations of Grantee not fully performed upon termination of this Easement do not cease,but continue as obligations of the Grantee until fully performed. 16.14 Exhibits.All referenced exhibits are incorporated in this Easement unless expressly identified as unincorporated. Aquatic Lands Easement Page 21 of 26 Easement No. 51-091654 THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last signature below. CITY O ENTON Dated: R,�t � , 20 �� By: I AW Title: Mayor, City of Renton Address: 1055 South Grady Way Renton, WA 98057 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: '2.,' , 20� �.._ �. _.. �� By: P ER OLDMARK _``gS10N� Title: o issioner of Public Lands Go��:��;�.......�O��G �; ;�m Address: Shoreline District Aquatics F; � ;� 950 Farman Avenue North o�.�, �„ ,'� Enumclaw, WA 98022-9282 .� s�:°�wA...•'S� �r Approved as to form this 30th day of March 2016 Terry Pruit, Assistant Attorney General Aquatic Lands Easement Page 22 of 26 Easement No. 51-091654 REPRESENTATIVE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of �l � � ) I certify that I know or have satisfactory evidence that DENIS LAW 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 Mayor, City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ��O�Z o/ (p < (Si ature (Seal or stamp) ����..QN�A uS,�►�,'# �J Cc S o v� �� �f�vl p��..�**������� i (Print Name) : ���`'�gg10M ���h�,�.t�ii�i M i o��pT�1,4�'°�,Q�' '� � ,� � . 4 N; � Notary Public in and for the State of + Washington, residing at , � A ' � %N�'', �°�`G =�= ' '� "' s °= �/��� D n� .. . �'��h��F;;���,�,9„",1,1g,�\�G`� �R�+-r o . ������.�.,.���� My appointment expires ��ZS`Zo� 7 Aquatic Lands Easement Page 23 of 26 Easement No. 51-091654 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of"����,�-j�--� I certify that I know or have satisfactory evidence that PETER GOLDMARK 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 COMMISSIONER OF PUBLIC LANDS of the Department of Natural Resources, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. � Dated: ')- }�•..Q ���a Si re) (Seal or stamp) ,`��N���u�N�/�q�h f ' ^ � �.�� ,�,��`;�N..R,��y�9y (Print Name �, • . �A StON F'•.� . ���•Q„��.��\5 'r+��4s• ��S � su° NpTARy `��': ; Notary Public in and for the State of � ••� ; s Washington, residing at = �.. PiJ6lIC r s�� �, ,�°;�x�',,�, ,�` � ' 1 fi� � 4 • •� � ...•••; �a�` ����'���WASN''���a M a ointment ex ires � y rr r � �'�� Aquatic Lands Easement Page 24 of 26 Easement No. 51-091654 �XHIBIT A The Shorelands and Bedlands of the Cedar River lying within a strip-of-land 40.00 feet in width, being 20.00 feet each side of the following described Aquatic Lease Centerline, situate in Government Lots 4 and 5 within the Southeast Quarter of the Southwest Quarter a portion of Section 16, Township 23 North, Range OS East, Willamette Meridian, in the city of Renton, State of Washington. Said lease is fronting, abutting or adjacent to following portions of the uplands,being a portion of Government Lot 3 and of Government Lot 5 in the Southwest Quarter of said Section 161ying Northerly of Burlington Railroad right-of-way and Pacific Coast Railroad less Puget Sound Power& Light Company transmission line right-of-way, together with portion of Covernment Lot 4 lying Southerly of State Route 169 & Southerly of Old County Road No. 1140; subject to an easement of Puget Sound Power& Light Company transmission line right-of-way together with portion of Government Lot 2 & of Governrr�ent Lot 4; beginning in Government Lot 4 at intersection of Southwesterly right-of-way of State Route 169 as existed prior to February 18, 1971 and a line described as follows; beginning at a point opposite Hwy Engineer's Station referred to as HES 1494+21.74 on State Route 1691ine survey of 169 Renton, Maplewood to the junction with State Route 405 & 57.85 feet Southwesterly therefrom; thence Northwesterly to a point opposite HES 1499+54.94 pc on said State Route 1691ine survey& 60 feet Southwesterly therefrom; thence Northwesterly Westerly& Southwesterly parallel with said State Route 169 line survey tap opposite HES 1504+00 thereon; thence Southwesterly tap opposite HES 1505+50 on said State Route 1691ine survey& 85 feet Southeasterly therefrom &the end of this line description; thence Northwesterly Westerly& Southwesterly along the above described line to intersection of said Government Lot 2 with said Southwesterly right-of-way line thence Southeasterly along said Southwesterly right-of-way line to the point of beginning. Said Aquatic Lease Centerline Description is described as follows: commencing at the Southwest Section corner of said Section 16; thence NO1°04'02"E along the Westerly Section line for 1317.68 feet to the South Sixteenth Corner; thence N89°06'S6"W along the South Sixteenth Line for 1432.20 feet; thence S00°59'04"W for 303.07 feet to a point of Ordinary High Water on the North side of the Cedar River and the TRUE POINT OF BEGINNING FOR SAID CENTERLINE; thence S26°48'12"W for 1.64 feet to a point of Ordinary Low Water; thence S26°48'12"W crossing the Bedlands of the Cedar River for 97.37 feet to a point of Ordinary Low Water on the South side of the Cedar River; thence S26°48'12"W for 3.98 feet to a point of Ordinary High Water and the TERMINUS OF SAID AQUATIC LEASE CENTERLINE. The sides of the lease should be extended or trimmed to match the line of ordinary high water. Said aquatic lease area contains 4120 square feet (0.0946 acres), more or less. Aquatic Lands Easement Page 25 of 26 Easement No. 51-091654 EXHIBIT B 1. DESCRIPTION OF PERMITTED USE A. Existing Facilities. Clear span aluminum pedestrian bridge(135' x 10') and the following attached utilities: ■ One 2 'h" galvanized steel irrigation pipe ■ One 3/" galvanized steel conduit for low voltage wiring ■ One 2" galvanized steel water pressure main ■ One 2" galvanized steel fire control dry line ■ One 2"PVC sewer force main within a 4" galvanized steel pipe ■ One 2 '/2" galvanized steel electrical conduits ■ One 2" galvanized steel communication conduit ■ One unoccupied 4" galvanized steel conduit B. Proposed Facilities. None Grantee has secured the following permits: City of Renton Certificate of Exemption from Shoreline Substantial Development Permit, Project No. LUA14-000480, May 15, 2014 Army Corps of Engineers, Exemption from Section 404 of the Clean Water Act and Exemption from Section 10 of the rivers and Harbors Act, NWS-2014-379. May 6, 2014. Washington Department of Fish and Wildlife, Hydraulic Approval No. 133377-1, May 29, 2014 Aquatic Lands Easement Page 26 of 26 Easement No. 51-091654 t!f I N W� rn LD -, aa® E Ln 0 0 0 N 0 a 0 LL 0 n 0 N I cv a- 6 N O 00 0 i N a co 0 w Q z Li LL - z Q 0 0 20 40 SCALE: 1 "= 40' CEDAR RIVER SITUATE IN THE SE 1/4 OF THE SW 1/4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 05 EAST, W.M. 70 ,�/� /gh��� CTRL -1154 MOI`,, R"4 ���" FND IN CASE C �s �0 ss, �'IiQQ .y 1�, N=176968.84 �_ ASPHALT'-�. 411'4Q00, Q r 9 E=130749.22 SIDEWALK . ? 30 ��►. JC E L=65.36 6' CHAINLINK FENCE 06) •� 1 p RkiN M6� sQBOL3 � s no q O � -00, '�b'%s�G• 0E �� •`` AO � k F 4 WOOD RAIL FENCE---\ -0 2 i�E r�) 11111111 CONDUIT ` SIGN ```` GE °F "EG `rA ro 2 IA. WOOD D (4 UNKNOWN MTL. PIPES,''`., y, GO ? 3 FQ p� IIx• v OZ 3 ^,) DoEDGh _EOF o'er ry� °NW�' RlVCR 00�, �4 �/ , ACONC. BRIDGE DECK -C���``��- 4�' �Dk' �' q7 '� ,� W/ 4'H WOOD RAILS cb •,� '� / Cent Vtl/%t er y RIVERVIEW PARK PICNIC AREA 3'H WOOD SIGN SALMON HABITAT MARKER O10 See kit o°rri4'or, tKCO /qty d d9e /e ' 0101gi oy�, t©�� g 'tabo 9'th, n %b SPRINKLER ,�~ . ONIN ~N. CONTROL BOX Tpp,sC p `` y F � SOF to X041 SURVEY CONTROL S17 0 S16 S20 U S21 40' WIDE AQUATIC LEASE EASEMENT °wry' BEING 20' EACH SIDE OF CENTERLINE r. S16 S 66 S15 N89°00'2_8"W N_89000'34"W ..-..-2653.54..-..-..-..�, ..-..-.. 2653.50' ..-.._.. S21 S21 S22 LEGEND CTRL -3756 ORDINARY LOW WATER MARK FOR CTRL -3767 CTRL -3769 OHW ORDINARY HIGH WATER MARK FOR RECORD/FOUND ° RECORD WSRS RECORD/HELD EVERGREEN TREES -W_ WATER LINE MON IN CASE WEST QTR 16 MON IN CASE SE S16 MON SW S16 N=178508.90 N=175782.18 N=175874.00 E=1306046.11 E=1311303.27 E=1305997.02 CTRL -3757 CTRL -3768 RECORD/FOUND RECORD/FOUND CONC MON/PLUG EAST QTR S16 MON S S16 N=178418.36 N=175828.05 E=1311352.40 E=1308650.16 .j S16 S15 S17 SECTIONAL TIES S16 60 • (0 NOT -TO -SCALE N co MIS °C-'I�r ccico Lr• co ' _ _ _ _ _ _ _ _ _ _ : c0 _N89°00'56"W_ _ _ _ _ _ _ _ _ _ _ �- � • 1432.20' � SOUTH SIXTEENTH LINE 3874.85 � N ' W! � p of o Lo o �W 0 o • c� :o ° r. o �o Q Z) /h �l .° IV- r' (e): Z °° I r POB r . M r co S17 0 S16 S20 U S21 40' WIDE AQUATIC LEASE EASEMENT °wry' BEING 20' EACH SIDE OF CENTERLINE r. S16 S 66 S15 N89°00'2_8"W N_89000'34"W ..-..-2653.54..-..-..-..�, ..-..-.. 2653.50' ..-.._.. S21 S21 S22 < 5> GOVERNMENT LOT 5... Utility Details • Irrigation: 2-1/2" 0 galvanized steel • Low Voltage Wiring: %" 0 galvanized steel • Water Pressure Main: 2" 0 galvanized steel • Fire Control Dry Line: 2" 0 galvanized steel • Sewer Force Main: 2" 0 PVC within 4" 0 galvanized steel • Electric: 2-1/2" 0 galvanized steel • Communication: 2" 0 galvanized steel • Spare Conduit: 4" 0 galvanized steel AREA CALCULATIONS BEDLANDS 3,892± SQUARE FEET BELOW *OLW FOR MANAGEMENT ONLY SHORELANDS 229± SQUARE FEET BETWEEN *OLW AND OHW FOR MANAGEMENT ONLY TOTAL AREA 4,121± SQUARE FEET HORIZONTAL DATUM - BASIS OF BEARINGS NORTH AMERICAN DATUM OF 1983 (ADJUSTED 1991) - NAD83(91) WASHINGTON STATE PLANE COORDINATE SYSTEM - NORTH ZONE, BASED ON TIES TO THE WASHINGTON GEODETIC SURVEY DATA WAREHOUSE CONTROL INCLUDING POINT 3756 AND 3757. VERTICAL DATUM - BASIS OF BEARINGS NORTH AMERICAN VERTICAL DATUM OF 1988 - NAVD88 BASED ON GPS OBSERVATIONS AND TIES TO THE CITY OF RENTON CONTROL POINT RENT1883 [79.760'1 & RENT1888 [62.555'1 & RENT1972 [48.078'1 SPECIAL SURVEY NOTE THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF CITY OF RENTON, AND DOES NOT EXTEND TO ANY UNNAMED PARTY WITHOUT EXPRESS RECERTIFICATION BY APS SURVEY & MAPPING, AND/OR THE PROFESSIONAL LAND SURVEYOR NAMED HEREON, NAMING SAID PARTY. LEGAL DESCRIPTION FOR AQUATIC LEASE THE SHORELANDS AND BEDLANDS OF THE CEDAR RIVER LYING WITHIN A STRIP -OF -LAND 40.00 FEET IN WIDTH, BEING 20.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED AQUATIC LEASE CENTERLINE, SITUATE IN GOVERNMENT LOTS 4 AND 5 WITHIN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A PORTION OF OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 05 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, STATE OF WASHINGTON. SAID LEASE IS FRONTING, ABUTTING OR ADJACENT TO FOLLOWING PORTIONS OF THE UPLANDS, BEING A PORTION OF GOVERNMENT LOT 3 AND OF GOVERNMENT LOT 5 IN SW 114 OF SAID SECTION 16 LYING NORTHERLY OF BURLINGTON RAILROAD RIGHT-OF-WAY AND PACIFIC COAST RAILROAD LESS PUGET SOUND POWER & LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY, TOGETHER WITH PORTION OF GOVERNMENT LOT 4 LYING SOUTHERLY OF STATE ROUTE 169 & SOUTHERLY OF OLD COUNTY ROAD NO. 1140; SUBJECT TO AN EASEMENT OF PUGET SOUND POWER & LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY TOGETHER WITH PORTION OF GOVERNMENT LOT 2 & OF GOVERNMENT LOT 4; BEGINNING IN GOVERNMENT LOT 4 AT INTERSECTION OF SOUTHWESTERLY RIGHT-OF-WAY OF STATE ROUTE 169 AS EXISTED PRIOR TO FEBRUARY 18, 1971 AND A LINE DESCRIBED AS FOLLOWS; BEGINNING AT A POINT OPPOSITE HWY ENGINEER'S STATION REFERRED TO AS HES 1494+21.74 ON STATE ROUTE 169 LINE SURVEY OF 169 RENTON MAPLEWOOD TO TO THE JUNCTION WITH STATE ROUTE 405 & 57.85 FEET SOUTHWESTERLY THEREFROM; THENCE NORTHWESTERLY TO A POINT OPPOSITE HES 1499+54.94 PC ON SAID STATE ROUTE 169 LINE SURVEY & 60 FEET SOUTHWESTERLY THEREFROM; THENCE NORTHWESTERLY WESTERLY & SOUTHWESTERLY PARALLEL WITH SAID STATE ROUTE 169 LINE SURVEY TAP OPPOSITE HES 1504+00 THEREON; THENCE SOUTHWESTERLY TAP OPPOSITE HES 1505+50 ON SAID STATE ROUTE 169 LINE SURVEY & 85 FEET SOUTHEASTERLY THEREFROM & THE END OF THIS LINE DESCRIPTION; THENCE NORTHWESTERLY WESTERLY & SOUTHWESTERLY ALONG THE ABOVE DESCRIBED LINE TO INTERSECTION OF SAID GOVERNMENT LOT 2 WITH SAID SOUTHWESTERLY RIGHT-OF-WAY LINE THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID AQUATIC LEASE CENTERLINE DESCRIPTION IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST SECTION CORNER OF SAID SECTION 16; THENCE N01 004'02"E ALONG THE WESTERLY SECTION LINE FOR 1317.68 FEET TO THE SOUTH SIXTEENTH CORNER; THENCE N89°06'56"W ALONG THE SOUTH SIXTEENTH UNE FOR 1432.20 FEET; THENCE S00059'04"W FOR 303.07 FEET TO A POINT OF ORDINARY HIGH WATER ON THE NORTH SIDE OF THE CEDAR RIVER AND THE TRUE POINT OF BEGINNING FOR SAID CENTERLINE; THENCE S26°48'12"W FOR 1.64 FEET TO A POINT OF ORDINARY LOW WATER; THENCE S26°48'12"W CROSSING THE BEDLANDS OF THE CEDAR RIVER FOR 97.37 FEET TO A POINT OF ORDINARY LOW WATER ON THE SOUTH SIDE OF THE CEDAR RIVER; THENCE S26°48'12"W FOR 3.98 FEET TO A POINT OF ORDINARY HIGH WATER AND THE TERMINUS OF SAID AQUATIC LEASE CENTERLINE. THE SIDES OF THE LEASE SHOULD BE EXTENDED OR TRIMMED TO MATCH THE LINE OF ORDINARY HIGH WATER. GENERAL NOTES 1. THE PURPOSE OF THIS SURVEY IS TO DOCUMENT THE LOCATION OF A CITY OF RENTON PEDESTRIAN BRIDGE AND ITS REPLACEMENT AT THE CROSSING OF THE CEDAR RIVER WITHIN RIVERVIEW PARK OVER AND ACROSS A DEVELOPING HABITAT PROJECT, AS ILLUSTRATED HEREIN. 2. OUR CLIENT, CITY OF RENTON, HAS NOT FURNISHED APS SURVEY & MAPPING WITH A TITLE REPORT OF THE BOUNDARIES. A COMBINATION OF RECORD OF SURVEYS AND PLATS WERE USED IN CONCERT WITH FOUND MONUMENTATION TO DETERMINE THE BOUNDARIES SHOWN HEREON. ACTUAL OWNERSHIP STATUS MAY VARY. 3. THIS SURVEY WAS BASED ON A RTK VRS SURVEY (USING TRIMBLE R8 UNITS) AND THE WASHINGTON STATE REFERENCE NETWORK IN COMBINATION WITH A CONVENTIONAL SURVEY (USING A LEICA TS15 1" TOTAL STATION). THIS NETWORK MEETS OR EXCEEDS THE ACCURACY STANDARDS SET BY WAC 332-130-090. 4. ALL MONUMENTS WERE OCCUPIED OR OBSERVED DURING THE MONTH OF JANUARY, 2014. 5. ALL MEASURING INSTRUMENTS AND EQUIPMENT USED FOR THIS SURVEY WERE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. 6. THIS SURVEY DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 7. THE ORDINARY LOW WATERLINE SHOWN ON THE FACE OF THIS SURVEY IS AN APPROXIMATION OF THE RIVER AT ITS' ORDINARY LOW MARK DURING THE LOWERING OF LAKE WASHINGTON. IT IS INCLUDED AS AN AID TO CALCULATE THE AREAS FOR ADMINISTRATIVE PURPOSES BY THE DEPARTMENT OF NATURAL RESOURCES. 8. THE ORDINARY HIGH WATER LINE IS APPROXIMATED FROM CHANGING VEGETATION ALONG THE BANK OF THE CEDAR RIVER FROM AQUATIC TO UPLAND. �J. s SURVEYOR'S CERTIFICATE RECORD OF SURVEY FOR CITY OF RENTONS SHEET RECORDER'S CERTIFICATE OF W.ASx���'> THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY o�'�e ma�j� ME, OR UNDER MY DIRECTION IN CONFORMANCE WITH THE AQUATIC RESOURCE APPLICATION No. 51-091654. FILED FOR RECORD, THIS DAY OF �4' �'p REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE , AT AM/PM. IN VOLUME REQUEST OF CITY OF RENT Situate in the SE 114 of the SW 114 of Section 16 VOSB OF SURVEYS, AT PAGE(S) AT THE REQUEST OF APS SURVEY & MAPPING. Township 23 North, Range 05 East, Willamette Meridian � Kin Count -State of Washington SURVEY & MAPPING of j 29 3 0� TYLER SWEET g y g SIGNED: PROFESSIONAL LANDS VEYOR CVE 13221 S.E. 26TH STREET, SUITE A MANAGER SUPERINTENDENT �jox WASHINGTON REGIST ION NO. 29293 SURVEYED BY: TJS DRAWN BY: MAG CHECKED BY: SAE BY: TJS BELLEVUE, WASHINGTON 98005L>�[APPROVED1 TEL. (425) 746-3200 DATE: SEPTEMBER 26, 2014 (rev from 9/10/2014) DATE 09/26/2014 APSSM JOB NO.: 1081021 ACAD NAME: 1081021 AQU.DWG FAX: (425) 746-3342 LEGEND OLW ORDINARY LOW WATER MARK FOR STATE MANAGEMENT PURPOSES ONLY OHW ORDINARY HIGH WATER MARK FOR STATE MANAGEMENT PURPOSES ONLY , ° DECIDUOUS TREES [NEWLY PLANTED] EVERGREEN TREES -W_ WATER LINE ----T----- TELEPHONE LINE < 5> GOVERNMENT LOT 5... Utility Details • Irrigation: 2-1/2" 0 galvanized steel • Low Voltage Wiring: %" 0 galvanized steel • Water Pressure Main: 2" 0 galvanized steel • Fire Control Dry Line: 2" 0 galvanized steel • Sewer Force Main: 2" 0 PVC within 4" 0 galvanized steel • Electric: 2-1/2" 0 galvanized steel • Communication: 2" 0 galvanized steel • Spare Conduit: 4" 0 galvanized steel AREA CALCULATIONS BEDLANDS 3,892± SQUARE FEET BELOW *OLW FOR MANAGEMENT ONLY SHORELANDS 229± SQUARE FEET BETWEEN *OLW AND OHW FOR MANAGEMENT ONLY TOTAL AREA 4,121± SQUARE FEET HORIZONTAL DATUM - BASIS OF BEARINGS NORTH AMERICAN DATUM OF 1983 (ADJUSTED 1991) - NAD83(91) WASHINGTON STATE PLANE COORDINATE SYSTEM - NORTH ZONE, BASED ON TIES TO THE WASHINGTON GEODETIC SURVEY DATA WAREHOUSE CONTROL INCLUDING POINT 3756 AND 3757. VERTICAL DATUM - BASIS OF BEARINGS NORTH AMERICAN VERTICAL DATUM OF 1988 - NAVD88 BASED ON GPS OBSERVATIONS AND TIES TO THE CITY OF RENTON CONTROL POINT RENT1883 [79.760'1 & RENT1888 [62.555'1 & RENT1972 [48.078'1 SPECIAL SURVEY NOTE THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF CITY OF RENTON, AND DOES NOT EXTEND TO ANY UNNAMED PARTY WITHOUT EXPRESS RECERTIFICATION BY APS SURVEY & MAPPING, AND/OR THE PROFESSIONAL LAND SURVEYOR NAMED HEREON, NAMING SAID PARTY. LEGAL DESCRIPTION FOR AQUATIC LEASE THE SHORELANDS AND BEDLANDS OF THE CEDAR RIVER LYING WITHIN A STRIP -OF -LAND 40.00 FEET IN WIDTH, BEING 20.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED AQUATIC LEASE CENTERLINE, SITUATE IN GOVERNMENT LOTS 4 AND 5 WITHIN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A PORTION OF OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 05 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, STATE OF WASHINGTON. SAID LEASE IS FRONTING, ABUTTING OR ADJACENT TO FOLLOWING PORTIONS OF THE UPLANDS, BEING A PORTION OF GOVERNMENT LOT 3 AND OF GOVERNMENT LOT 5 IN SW 114 OF SAID SECTION 16 LYING NORTHERLY OF BURLINGTON RAILROAD RIGHT-OF-WAY AND PACIFIC COAST RAILROAD LESS PUGET SOUND POWER & LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY, TOGETHER WITH PORTION OF GOVERNMENT LOT 4 LYING SOUTHERLY OF STATE ROUTE 169 & SOUTHERLY OF OLD COUNTY ROAD NO. 1140; SUBJECT TO AN EASEMENT OF PUGET SOUND POWER & LIGHT COMPANY TRANSMISSION LINE RIGHT-OF-WAY TOGETHER WITH PORTION OF GOVERNMENT LOT 2 & OF GOVERNMENT LOT 4; BEGINNING IN GOVERNMENT LOT 4 AT INTERSECTION OF SOUTHWESTERLY RIGHT-OF-WAY OF STATE ROUTE 169 AS EXISTED PRIOR TO FEBRUARY 18, 1971 AND A LINE DESCRIBED AS FOLLOWS; BEGINNING AT A POINT OPPOSITE HWY ENGINEER'S STATION REFERRED TO AS HES 1494+21.74 ON STATE ROUTE 169 LINE SURVEY OF 169 RENTON MAPLEWOOD TO TO THE JUNCTION WITH STATE ROUTE 405 & 57.85 FEET SOUTHWESTERLY THEREFROM; THENCE NORTHWESTERLY TO A POINT OPPOSITE HES 1499+54.94 PC ON SAID STATE ROUTE 169 LINE SURVEY & 60 FEET SOUTHWESTERLY THEREFROM; THENCE NORTHWESTERLY WESTERLY & SOUTHWESTERLY PARALLEL WITH SAID STATE ROUTE 169 LINE SURVEY TAP OPPOSITE HES 1504+00 THEREON; THENCE SOUTHWESTERLY TAP OPPOSITE HES 1505+50 ON SAID STATE ROUTE 169 LINE SURVEY & 85 FEET SOUTHEASTERLY THEREFROM & THE END OF THIS LINE DESCRIPTION; THENCE NORTHWESTERLY WESTERLY & SOUTHWESTERLY ALONG THE ABOVE DESCRIBED LINE TO INTERSECTION OF SAID GOVERNMENT LOT 2 WITH SAID SOUTHWESTERLY RIGHT-OF-WAY LINE THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID AQUATIC LEASE CENTERLINE DESCRIPTION IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST SECTION CORNER OF SAID SECTION 16; THENCE N01 004'02"E ALONG THE WESTERLY SECTION LINE FOR 1317.68 FEET TO THE SOUTH SIXTEENTH CORNER; THENCE N89°06'56"W ALONG THE SOUTH SIXTEENTH UNE FOR 1432.20 FEET; THENCE S00059'04"W FOR 303.07 FEET TO A POINT OF ORDINARY HIGH WATER ON THE NORTH SIDE OF THE CEDAR RIVER AND THE TRUE POINT OF BEGINNING FOR SAID CENTERLINE; THENCE S26°48'12"W FOR 1.64 FEET TO A POINT OF ORDINARY LOW WATER; THENCE S26°48'12"W CROSSING THE BEDLANDS OF THE CEDAR RIVER FOR 97.37 FEET TO A POINT OF ORDINARY LOW WATER ON THE SOUTH SIDE OF THE CEDAR RIVER; THENCE S26°48'12"W FOR 3.98 FEET TO A POINT OF ORDINARY HIGH WATER AND THE TERMINUS OF SAID AQUATIC LEASE CENTERLINE. THE SIDES OF THE LEASE SHOULD BE EXTENDED OR TRIMMED TO MATCH THE LINE OF ORDINARY HIGH WATER. GENERAL NOTES 1. THE PURPOSE OF THIS SURVEY IS TO DOCUMENT THE LOCATION OF A CITY OF RENTON PEDESTRIAN BRIDGE AND ITS REPLACEMENT AT THE CROSSING OF THE CEDAR RIVER WITHIN RIVERVIEW PARK OVER AND ACROSS A DEVELOPING HABITAT PROJECT, AS ILLUSTRATED HEREIN. 2. OUR CLIENT, CITY OF RENTON, HAS NOT FURNISHED APS SURVEY & MAPPING WITH A TITLE REPORT OF THE BOUNDARIES. A COMBINATION OF RECORD OF SURVEYS AND PLATS WERE USED IN CONCERT WITH FOUND MONUMENTATION TO DETERMINE THE BOUNDARIES SHOWN HEREON. ACTUAL OWNERSHIP STATUS MAY VARY. 3. THIS SURVEY WAS BASED ON A RTK VRS SURVEY (USING TRIMBLE R8 UNITS) AND THE WASHINGTON STATE REFERENCE NETWORK IN COMBINATION WITH A CONVENTIONAL SURVEY (USING A LEICA TS15 1" TOTAL STATION). THIS NETWORK MEETS OR EXCEEDS THE ACCURACY STANDARDS SET BY WAC 332-130-090. 4. ALL MONUMENTS WERE OCCUPIED OR OBSERVED DURING THE MONTH OF JANUARY, 2014. 5. ALL MEASURING INSTRUMENTS AND EQUIPMENT USED FOR THIS SURVEY WERE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. 6. THIS SURVEY DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 7. THE ORDINARY LOW WATERLINE SHOWN ON THE FACE OF THIS SURVEY IS AN APPROXIMATION OF THE RIVER AT ITS' ORDINARY LOW MARK DURING THE LOWERING OF LAKE WASHINGTON. IT IS INCLUDED AS AN AID TO CALCULATE THE AREAS FOR ADMINISTRATIVE PURPOSES BY THE DEPARTMENT OF NATURAL RESOURCES. 8. THE ORDINARY HIGH WATER LINE IS APPROXIMATED FROM CHANGING VEGETATION ALONG THE BANK OF THE CEDAR RIVER FROM AQUATIC TO UPLAND. �J. s SURVEYOR'S CERTIFICATE RECORD OF SURVEY FOR CITY OF RENTONS SHEET RECORDER'S CERTIFICATE OF W.ASx���'> THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY o�'�e ma�j� ME, OR UNDER MY DIRECTION IN CONFORMANCE WITH THE AQUATIC RESOURCE APPLICATION No. 51-091654. FILED FOR RECORD, THIS DAY OF �4' �'p REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE , AT AM/PM. IN VOLUME REQUEST OF CITY OF RENT Situate in the SE 114 of the SW 114 of Section 16 VOSB OF SURVEYS, AT PAGE(S) AT THE REQUEST OF APS SURVEY & MAPPING. Township 23 North, Range 05 East, Willamette Meridian � Kin Count -State of Washington SURVEY & MAPPING of j 29 3 0� TYLER SWEET g y g SIGNED: PROFESSIONAL LANDS VEYOR CVE 13221 S.E. 26TH STREET, SUITE A MANAGER SUPERINTENDENT �jox WASHINGTON REGIST ION NO. 29293 SURVEYED BY: TJS DRAWN BY: MAG CHECKED BY: SAE BY: TJS BELLEVUE, WASHINGTON 98005L>�[APPROVED1 TEL. (425) 746-3200 DATE: SEPTEMBER 26, 2014 (rev from 9/10/2014) DATE 09/26/2014 APSSM JOB NO.: 1081021 ACAD NAME: 1081021 AQU.DWG FAX: (425) 746-3342