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HomeMy WebLinkAboutCouncil 01/10/2005AGENDA RENTON CITY COUNCIL REGULAR MEETING January 10, 2005 Monday, 7:30 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: King County Year in Review (King County Councilmember Julia Patterson, District 13) 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of January 3, 2005. Council concur. b. City Clerk submits City -initiated request for release or partial release of seven easements and one agreement granted by The Boeing Company for the Lakeshore Landing site development project (RE-04-001; BSP-04-081). Refer to Planning & Development Committee. c. Economic Development, Neighborhoods and Strategic Planning Department submits 60% Notice of Intent to annex petition for the proposed Anthone' Annexation, and recommends a public hearing be set on 1/24/2005 to consider the petition and future zoning; 4.84 acres located east of Talbot Rd. S. and south of S. 55th St. Refer issue of boundary expansion to Planning & Development Committee; set public hearing on 1/24/2005. d. Economic Development, Neighborhoods and Strategic Planning Department submits 10% Notice of Intent to annex petition for the proposed Maplewood Addition Annexation, and recommends a public meeting be set on 1/24/2005 to consider the petition; 60.5 acres bounded by Maple Valley Hwy. and the Cedar River. Council concur. e. Hearing Examiner recommends approval, with conditions, of the Honey Creek Preliminary Plat; 27 single-family lots on 3.7 acres located at 4821 NE Sunset Blvd. Council concur. f. Utility Systems Division recommends approval of Addendum No. 2 to CAG-03-168, contract with Economic and Engineering Services, Inc., for construction phase assistance in the amount of $116,510 for the Maplewood Water Treatment Improvements and Golf Course Improvements Project. Refer to Utilities Committee. 7. CORRESPONDENCE (CONTINUED ON REVERSE SIDE) UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers b. Planning & Development Committee: Abandoned Shopping Carts 9. RESOLUTIONS AND ORDINANCES 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELLED • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting January 10, 2005 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE, Council President; MARCIE PALMER; DON PERSSON; COUNCILMEMBERS RANDY CORMAN; TONI NELSON; DAN CLAWSON; DENIS LAW. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. SPECIAL PRESENTATION Julia Patterson, Metropolitan King County Councilmember for District 13, King County: Year in Review presented a year in review report for King County. Ms. Patterson reviewed events that affected the South King County area such as the Economic Engine Luncheon where a study was discussed which determined that the area has enormous growth potential, businesses established in the area tend to stay, and CEOs of major businesses in South King County do not live in the area. Another event was the Art and Cultural Summit, which resulted in the formation of the South King County Cultural Coalition. Continuing, Ms. Patterson reported that all of the food banks in South King County are struggling. She also reported that the King County Council unanimously adopted their 2005 budget in the total amount of $3.4 billion, and the general fund amounted to $538 million. She reviewed issues facing South King County, including the redistricting of King County (voters approved a charter measure to reduce the number of King County Councilmembers from thirteen to nine), transportation project priorities, and annexation concerns. Ms. Patterson commended Renton on its working partnerships with entities such as Valley Medical Center, Renton School District, Chamber of Commerce, and Renton Technical College, noting that Renton serves as a model for other cities. Additionally, she pointed out that King County is striving to find a stable, continuous revenue source for human services, and has implemented policies that have resulted in a significant reduction in the jail population. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: • The City's website, www.ci.renton.wa.us, registered 2,083,433 overall page views in 2004, an increase of over 7% from 2003. • The S.T.A.R. (Special Theater Arts of Renton) production of Grin and Bear It will be presented at Carco Theatre on 1/28/2005 at 7:00 p.m. • At a series of public open houses in January, Washington State Department of Transportation will present proposed designs and environmental study January 10, 2005 Renton City Council Minutes Page 13 approaches to the I-405 Bellevue Nickel Project, I-405 Renton Nickel Project, and two SR-518 projects. WSDOT will hold an open house in Renton on 1/27/2005, from 4:00 p.m. to 7:00 p.m., at Renton High School. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of January 3, 2005. Council concur. January 3, 2005 Release of Easement: City Clerk submitted City -initiated request for release or partial release of Lakeshore Landing Site, seven easements and one agreement granted by The Boeing Company for the Boeing, RE-04-001 Lakeshore Landing site development project (RE-04-001; BSP-04-081). Refer to Planning and Development Committee. Annexation: Anthone', Talbot Economic Development, Neighborhoods and Strategic Planning Department Rd S & S 55th St submitted 60% Notice of Intent to annex petition for the proposed Anthone' Annexation, and recommended a public hearing be set on 1/24/2005 to consider the petition and future zoning; 4.84 acres located east of Talbot Rd. S. and south of S. 55th St. Refer issue of boundary expansion to Planning and Development Committee; set public hearing on 1/24/2005. Annexation: Maplewood Economic Development, Neighborhoods and Strategic Planning Department Addition, Maple Valley Hwy submitted 10% Notice of Intent to annex petition for the proposed Maplewood Addition Annexation, and recommended a public meeting be set on 1/24/2005 to consider the petition; 60.5 acres bounded by Maple Valley Hwy. and the Cedar River. Council concur. Plat: Cottages at Honey Creek, Hearing Examiner recommended approval, with conditions, of the Cottages at NE Sunset Blvd, PP-04-085 Honey Creek Preliminary Plat; 27 single-family lots on 3.7 acres located at 4821 NE Sunset Blvd. (PP-04-085). Council concur. CAG: 03-168, Maplewood Utility Systems Division recommended approval of Addendum No. 2 to CAG- Water Treatment Facility 03-168, contract with Economic and Engineering Services, Inc., for Improvements, Economic and construction phase assistance in the amount of $116,510 for the Maplewood Engineering Services Water Treatment Improvements and Golf Course Improvements Project. Refer to Utilities Committee. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 233148 - 234008 and three wire transfers totaling Finance: Vouchers $4,835,094.10; and approval of Payroll Vouchers 54878 - 55313, two wire transfers, and 1137 direct deposits totaling $3,712,831.56. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. NEW BUSINESS Council President Briere announced an informal meet and greet with the School District: Informal Renton School Board, Renton School District Administration, Issaquah School Meeting (1/13/2005) Board, Issaquah School District Administration, Renton City Council, and Renton Mayor at the Liberty High School library on January 13th, from 4:00 p.m. to 6:00 p.m. Council: Meeting (1/17/2005) Ms. Briere also announced that Council will not meet on January 17th in observance of Martin Luther King, Jr. Day. January 10, 2005 Renton City Council Minutes Page 14 Transportation: School Zone Noting that some cities have school zone traffic signs that state "20 miles -per - Traffic Signage hour" as compared to Renton's signs that state "20 miles -per -hour when children are present," it was MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THE ISSUE OF SCHOOL TRAFFIC SIGNS THAT STATE "20 MILES -PER -HOUR WHEN CHILDREN ARE PRESENT" TO THE TRANSPORTATION COMMITTEE. CARRIED. Sound Transit: Sound Move Councilwoman Palmer expressed the Transportation Committee's support for Phase II Planning Process Mayor Keolker-Wheeler's letter to Joni Earl, Executive Director of Sound Transit, regarding potential Sound Transit Sound Move Phase II projects in Renton. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:00 p.m. Bonnie 1. Walton, CMC, City Clerk Recorder: Michele Neumann January 10, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCIIEDULED AT CITY COUNCIL MEETING January 10, 2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 1/17 No Meeting (Martin Luther King Jr. Day) (Briere) MON., 1/24 Emerging Issues 6:00 p.m. *Council Conference Room* 6:30 p.m. Tour of Traffic Management Center *City Hall 5th Floor* Following Tour 1-405 Context Sensitive Solutions Update *Council Chambers* COMMUNITY SERVICES (Nelson) FINANCE MON., 1/24 Vouchers; (Persson) 5:00 p.m. Housing & Urban Development Grant (briefing only) PLANNING & DEVELOPMENT THURS., 1/20 Lakeshore Landing Street Vacation (Clawson) 2:00 p.m. (briefing only); Release of Easements for Lakeshore Landing; Anthone" Annexation Boundary Expansion; Big -Box Retail Uses Design Guidelines; Medical Institution Definition; R-1 Zone Community Separators PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) THURS., 1/20 Benson Rd. Project (briefing only); (Palmer) 3:30 p.m. 4th & Burnett Project (briefing only) UTILITIES THURS., 1/20 Maplewood Addition Annexation (Corman) 4:30 p.m. (briefing only); Maplewood Water Treatment Improvements Consultant Agreement Addendum NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON MEMORANDUM DATE: January 10, 2005 TO: Terri Briere, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • The City's website, www.ci.renton.wa.us, registered 2,083,433 overall page views in 2004, an increase of over 7% from 2003. Renton's Web Team, which includes approximately 50 employees from different departments and divisions, deserves credit for taking the time to add content and maintain information on the City's website. The site continues to be mentioned on information distributed by the City, including CitySource, Cable Channel 21, press releases, and other marketing materials. • Several Renton residents have notified the City about an automated, computer -generated telephone survey being conducted. The phone survey asks a variety of questions, including if you support the ban on fireworks in Renton. The City of Renton is not responsible for this survey, nor does the City know who is seeking the information or for what purposes. Any survey conducted on behalf of the City of Renton would be identified as such during a phone call. COMMUNITY SERVICES DEPARTMENT • The Renton Public Library and Highlands Library will have new operating hours beginning February Is'. New hours at the Renton Public Library, 100 Mill Avenue South, will be Monday through Thursday from 10:00 a.m. to 9:00 p.m., and Friday and Saturday from 10:00 a.m. to 6:00 p.m. The hours at the Highlands Library, 2902 NE 12th Street, will be Monday through Thursday from 10:00 a.m. to 7:00 p.m., and Saturday from 10:00 a.m. to 4:00 p.m. The Highlands Library will continue to be closed on Fridays and both the Highlands Library and Renton Public Library will continue to be closed on Sundays. • Teresa Nishi, Recreation Specialist 11, received the Community Services Department award for Employee of the Quarter, 4d' Quarter 2004. She is recognized for her outstanding programming and service at the Highlands Neighborhood Center. • Specialized Recreation kicked off their winter sports season on January 3`d with 50 athletes participating in basketball. • The youth basketball league started last week with 700 children (grades 3 through 9) participating in 34 games. This program continues into mid -March. • The men's winter basketball program with 30 teams and co-ed volleyball program with 35 teams begin league play this week. • The S.T.A.R. (Special Theater Arts of Renton) production of Grin and Bear it will be at Carco Theatre on January 28d', at 7:00 p.m. This joint effort of Specialized Recreation and Carco Theatre programs is a unique mixture of community volunteers and individuals with special needs. Administrative Report January 10, 2005 Page 2 PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • At a series of public open houses in January, the Washington State Department of Transportation (WSDOT) will present proposed designs and environmental study approaches to the I-405 Bellevue Nickel Project, I405 Renton Nickel Project, and two SR 518 projects. WSDOT will hold an open house in Renton on Thursday, January 27`h, from 4:00 to 7:00 p.m., at Renton High School, 400 S. Second St. • The State will be extending the City's Transportation Systems Division's Certification Acceptance (CA) status for the next three years, allowing Renton to receive and manage transportation grant funds. The extension was awarded because City staff passed a Project Management Review of required procedures, including completion of all required documentation on completed capital projects. CITY OF RENTON COUNCIL AGENDA BILL Al #: + Submitting Data: For Agenda of: January 10, 2005 Dept/Div/Board.. AJLS/City Clerk Agenda Status Staff Contact...... Bonnie Walton, x6502 (Neil Watts, Dev. Svcs., x7218) Consent .............. X Public Hearing.. Subject: Request For City -Initiated Release or Partial Release of Correspondence.. Easements and Agreement with the Boeing Company Ordinance ............. for the Lakeshore Landing site development; LUA-04- Resolution............ 081, BSP. (File No. RE-04-001) Old Business........ New Business....... Exhibits: Staff Issue Paper & Maps Study Sessions...... Copy of 7 Easements & 1 Agreement Information......... Recommended Action: Approvals: Legal Dept......... X Refer to Planning & Development Committee Finance Dept...... X Other ............. Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The development of the Lakeshore Landing site (LUA-04-081, BSP) will include the construction of new streets and realignment of existing streets. As part of the right-of-way approval process, there are utility easements on the development site that will not be needed and can be released at this time. New utility easements are to be dedicated. The City of Renton, Development Services Division, has requested release or partial release of seven easements, and one agreement, granted by the Boeing Company, bearing King Co. recording numbers 8805190541, 8811300191, 9105231158 (9106060988) 9607220167, 20011205003127, 20011205003128, and 20011205003129, for development of the Lakeshore Landing site. As a City - initiated release of easement request, the Clerk has collected no application or processing fee. (The related Development Agreement with the Boeing Company was executed in December 2003.) In conjunction with this request, Council has set a public hearing date of 1/24/2005 to consider a related street vacation request, and on 1/24/2005 a related request for dedication of right-of-way will be brought before Council in the Consent Agenda. The Technical Services section has reviewed the binding site plan and release of easement materials and has prepared the legal description and map exhibits. STAFF RECOMMENDATION: Grant the release or partial release of seven easements and one agreement as presented; designate the classification of the easements and the compensation to be paid, if any; require execution by the property owner of certain new water and sewer utility easements; and adopt an ordinance to finalize the releases if the conditions have been met within 90 days of Council approval. Reference: RMC 4-1-180E & RMC 9-1-5 cc: Sonia Fesser, Property Management Division Gregg Zimmerman, PBPW Administrator Alex Pietsch, EDNSP Administrator Dave Christensen, Utility Engineering Supervisor CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: January 4, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: , f Mayor Kathy Keolker-Wheeler FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Neil Watts, x-7218 SUBJECT: Lakeshore Landing, Right -of -Way Issues ISSUE: As part of the proposed Lakeshore Landing site development a new street system will be constructed by the City. This street system, as approved in the Development Agreement for the Boeing site development, requires new right-of-way dedications. There are also portions of existing right-of-way that will no longer be needed for public streets and are to be vacated. There are also utility easements on the development site that are no longer necessary and can be released at this time. New utility easements are proposed for the site development and are ready for Council approval at this time. RECOMMENDATION: Street Vacation Request: (January 3, 2005 Agenda) Adopt a resolution to set a public hearing on 1/24/2005, for the purpose of determining whether the vacation should be granted, the classification of the street or alley, whether easements should be retained, and the compensation to be paid, if any. Release/Partial Release of Easements and Agreement Request: (January 10, 2005 Agenda - Refer to Committee) Grant the release or partial release of seven easements and one agreement as presented; designate the classification of the easements and the compensation to be paid, if any; require execution by the property owner of certain new water and sewer utility easements; and adopt an ordinance to finalize the releases if the conditions have been met within 90 days of Council approval. Deed of Dedications for Rights -of -Way Request: (January 24, 2005 Agenda) Approve the right-of-way dedications as presented and authorize the Mayor and City Clerk to execute the deed of dedication documents. BACKGROUND SUMMARY: In December of 2003, the Boeing Company and the City of Renton agreed to a Development Agreement for the Renton Plant Redevelopment. As part of this agreement, the City will construct a new arterial street system to support the redevelopment of the property. Boeing agreed to dedicate certain properties for right-of-way for this new arterial system, and the City agreed to vacate unused portions of the existing right-of-way for redevelopment. A conceptual development plan has also been approved for this next phase of the Boeing Plant redevelopment, and a planned action for the conceptual plan. January 5, 2005 Page 2 A binding site plan has been approved conceptually by the City administration, and will be recorded prior to the sale of the property. Development is anticipated shortly for the area north of N. 8"' St., between Logan Ave. N. (extended) and Garden Ave. N. The binding site plan identifies specific tracts for future right-of-way for the construction of the Logan Ave extension, a relocated Park Ave. N., and new sections of street for N. 10th St. and N. 8"' St. These new arterial street sections are to be constructed as part of the redevelopment of this parcel in accordance with the Development Agreement. The City will be constructing arterial improvements for this redevelopment, including relocating Park Ave between N 8"' St and Logan Av N, N 10'h St from Logan Av N to Garden Av N, and completing the Logan Av N connection from the south. These arterial improvements include extending Logan Ave N south of the current development site, and completing N 8`h St between the new Logan Ave N and Park Ave N. The portion of Boeing property south of N. 8"' St (extended) and west of Park Ave. N. (the location of the 10-50 Building) is not included in this initial phase of redevelopment. Additional right-of- way dedications will be needed to complete these arterial improvements for the Lakeshore Landing development. Construction of these two street sections (Logan Ave. N. and N. 8"' St.) will require careful coordination with Boeing facilities to address construction issues with existing utilities, relocation of fences, and maintaining security for the Boeing facility. The actual recording of the approved deeds of dedication for these two right-of-way sections (Tracts P and Q of the binding site plan) will not occur until just prior to construction of these road sections. The other dedications are expected to be recorded as soon as the binding site plan is recorded. The new rights -of -way will have some private Boeing utilities remaining within the dedication areas. This can be allowed under the existing Master Use agreement between Boeing and the City for various Boeing utilities within existing streets in the area of the Renton plant site and the Boeing Longacres site. A small building will also remain temporarily in the newly dedicated right-of-way near the future intersection of Park Ave. N. and Logan Ave. N. This can remain with City approval, subject to allowing the City to require the removal of the building at a future date (with 30 days written notice) prior to construction of the new arterial street system. It is also possible that NE 10"' St may not be built until later in the development phasing. Therefore, the street dedication for these street sections is to include approval for private use as parking, circulation, landscaping, fencing, and other uses, but not allowing the construction of any buildings within the dedicated right-of-way areas. The approved conceptual plan and development agreement for this site includes the relocation of Park Ave. N. and vacation of the right-of-way, which will no longer be used, for municipal purposes. This vacated right-of-way is a section of property located in the southeast corner of the new intersection of Park Ave. N. and Logan Ave. N. Per City of Renton Municipal Code a public hearing is required prior to Council approval of a street vacation, and a resolution by Council is required a minimum of 20 days prior to the public hearing establishing the date and time of the public hearing. Portions of the proposed street vacation areas are currently WSDOT right-of-way and will require tumback approval from the State prior to completion of the requested street vacation. However, the City can proceed with the public hearing and approval of a street vacation subject to the condition of State approval for the turnback agreement. CONCLUSION: Staff recommends the Council approve the requested street dedications, with associated use allowances: Approval of dedication of the following right-of-ways: January 5, 2005 Page 3 • Tract A — Logan Ave. N. north of N. 8"' St, subject to use allowance for the existing building to remain. The property owner will remove the building within 30 days of receiving written notice from the City. • Tract B — northerly portion of N. 8"' St between Logan Ave. N. and Park Ave. N. • Tract C — N. 10"' St, between Logan Ave. N. and Park Ave. N., subject to use allowance for allowed uses within the UC-N zoning, excluding any buildings. Any use, paving, landscaping, fencing or similar structures will be removed by the property owner within 30 days of receiving written notice from the City. • Tract D — N. 10"' St. between Park Ave. N. and Garden Ave. N., subject to use allowance for allowed uses within the UC-N zoning, excluding any buildings. Any use, paving, landscaping, fencing or similar structures will be removed by the property owner within 30 days of receiving written notice from the City. • Tract E — A strip along the west side of Park Ave. N. • Tract F — A strip along the east side of Park Ave. N. • Tract G — A strip along Logan Ave. N./Lake Washington Blvd. • Tract P — Logan Ave. N. south of N. 8"' St. Actual recording of this dedication will not occur until prior to construction of this section of Logan Ave. N. • Tract Q — N. 8"' St. between Logan Ave. N. and Park Ave. N. Actual recording of this dedication will not occur until prior to construction of this section of N. 8"' St. Staff recommends that Council refer the following requested utility easement releases and adoptions to the Planning and Development Committee: Release of Easements/Agreement: Easement 8805190541 - This 15-foot wide easement is for an 8-inch City water main installed in 1998 for fire protection for the old Boeing building # 10-474. The building was demolished in 2000 and the existing water main was cut and capped at the northeast and southeast corners of the site. The existing 3-inch meter located at the northeast corner of the site is still in use for landscape irrigation to the new parking lot. The City will retain only a portion of the easement for the irrigation meter, unless it is no longer needed. Easement 8811300191 - This easement, 15'x 38', is for a City traffic control and signal cabinet, installed in 1988 and located at the north side of the intersection of Garden Avenue and N. 8"' Street. The City has relocated the cabinet to the southeast corner of the intersection. Agreement/License 9105231158 replaced by 9106060988 - This agreement, between the City of Renton and Boeing, is needed for a water system inter -tie, installed in 1991, to increase fire protection to the Boeing Renton Plant. Boeing owns and maintains all piping and vaults for the inter -tie, which is located on Boeing's property on the west side of Garden Avenue N. and about 100 feet north of N. 8"' Street. This agreement can be released subject to the condition that Boeing provides the City with a fire flow analysis to confirm that it is no longer needed for fire protection to the Boeing plant. Easement 9607220167 - This easement, 2'x27', is for a City telemetry control panel and architectural wall for the Boeing sanitary sewer lift station. The City conveyed the lift station to Boeing in November 2000. Easements 20011205003127 20011205003128 20011205003129 and 20011205003130- These four easements are for a future City sanitary sewer line to serve the new lots created by the Boeing' short -plat of parking lot 3B. The 15-foot wide easement is located along the easterly side of the new lots of the short -plat. The new sewer line, if needed, will be constructed within the easement to avoid tearing up the new concrete roadway of Garden Avenue North. These January 5, 2005 Page 4 easements can be released subject to the condition that Boeing provide verification that the proposed development within these lots would not need to be connected to the new sewer line. Acceptance of new Utility Easements • Water Loop Easement for Lot 3 • Water Loop for southwest corner of Lot 10-50 Staff further recommends Council approval of a resolution setting a public hearing for the vacation of the following rights -of -way identified on the binding site plan as: • Tract H — A triangular shaped area formed by the southeast intersection of Park Ave. N. and Logan Ave. N. • Tract I — A portion of right-of-way on the east side of Park Ave. N. • Tract K — A portion of right-of-way northeast of the intersection of Park Ave. N. and Logan Ave. N. • Tract N — A narrow strip along the east side of Park Ave. N. near N. 8`h St. cc: Alex Pietsch Jennifer Henning 0 dz CI C-NI RFJOJ R-M; 1-10 e R—iq [A-VE, �—B �i- 81 R 10 R to I —0 TEffli� fz 10 V0. 8 41 R 10 R, 8! t � : R—8 I ,. R-10 o CA 71 A .1 I CD E3 - 7 T23N RAR R 1/2 Logan Logan Ave. N Park /ve. N Cz C CD Gardenz eve. N E— z L4 .......... , J . . .... .. . ... ... ...... . ......... . .. ... .. .. .. . ................ 7/T 'J 'JCV kTC7 T Q 46J i r STREET DEDICATIONS S4236'12T N45 39 02'E 27.14' 39.10' S6978'06T 1059.10' oo'2759 N892822 w 1105.1 29.35' — — — ----------------------- 0 OF (FUTURE NORTH 8TH STREET) SOO�.-w TRACT B ' �• 50733'0}IE R-410.50' �►?` .�ti 44.75 ui a-�?6 0' �0;.66, N45 �4I , Z NORTH N a R•4jQ�, ,.E S89?5'10 53-E N ST. !ttII-• a. \ 18a22' Q�vv La 9 ??S• Z""3' N4414'36'w v r J4' TRACT C 39.05' 2 S45-55'4P•E 39.08 NORTH N R-639 So' 10� A-071Dr3E L-MaW L-176.39' L=69 06' V'w TRACT D STREET DEDICATIONS R=652.50' N89 03_18 /Z — - b=11 'f 3'S9 L=127.93' a h N. 10TH ST. w a N Q� N0346'4§'W 2 24.28 N00'56'421 3 28.00' N08'S6'24'E 'r 14.44' N00"56'42" 27.08' N V cc _ • qlc OL TRACT F `R=1066.5V h-08'0'48' L=158.4r N70'54'5TW --,-, 39.12' 50.69' R=547.50'J 6=28'54'05' L=276.17' N44434'w N45U1'510E 51.32' seg �1 w 47'48'S1'1Y 5.46 — — — NORTH 8TH STREET R-2soo' a-99."' L=3?9 TRACT L N. 10TH Z td I D Nc cc - .3r ST. 78T22 TRACT E 0 y M00�?'a6� fO 9 C DO rn o Qp Cl) jTl I 1 Io 1 Ir I psi 1 I -- w s~ I m m m v m v 0 O z cn STREET DEDICATIONS •�s-w / 1563� OO� •k3 R�1066.50 `�,• �9 0221'52' �� • =44.O�j' bey k� ob ♦b^�hry• v TRACT K R-51162' b12232'30' L-20286' N79 32'S8-KR) 7.00' R-52262' d�0932*200 L=86r 70' N89 '18-KR) TRA C T'S G & K NOTE: TRACT K IS A VACATION TRACT dY 17M c?' L0 O M O OJ X UTILITIES !I EASEMENT THIS INSTRUMENT, made this day of April 19 88 ; by and between The Boeing Company , 2#R41; a Delaware corporation, acting through its division, east Boeing Commercial Airnlanes ------------------------------------*AA------------------------------------- -----------------------------------MRA--------------------------- -------- -- hereinafter called "Grantor(s)", and the CITY Of RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for -I- oC.$-------------- - - - - - - - - - - - - - - - - - - - - - - - - - - valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the sold Grantee, Its successors and assigns, an easement for public utilities (Including water and sewer) with necessary appurtenances over, through, across and upon the following described property In King County, Washington, more particularly described as follows: As described in Exhibit A, which is attached. This easement is granted for the purpose of a waterline. The easement shall terminate when Grantor's or its assign's use of the water- line ends, with Grantor or its assigns providing written notice of the termination to Grantee or its assigns and Grantee or its assigns executing a reconveyance of the easement to Grantor or its assigns upon request by Grantor or its assigns. Upon such termination, Grantor or its assigns shall either cap the waterline and leave it in place or remove the waterline. 7 < FILED FOR-- RHORO AT REVEST Of AEI ON. WA M55 68,`1 1S'9. .1 ECD CPSHSL. ,CIS T! X ..-j" ^ynUiRED "r' %,o. iic' ^1'd, DWIS10n Deputy UE/l - I i#0.r_141 (., 0 it ,:,I9- 0U JOB NO. 7115 WATERLINE EASEMENT AN EASEMENT FOR INGRESS, EGRESS, AND WATERLINE UTILITIES, OVER, UNDER, ACROSS OR UPON AND LYING 7 6 112 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTH- WEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF NORTH 8TH STREET AND THE WEST MARGIN OF GARDEN AVENUE NORTH; THENCE NORTH 000 311 42" EAST ALONG SAID WEST MARGIN OF GARDEN AVENUE NORTH, 253.22 FEET TO A POINT OF CURVATURE TO THE LEFT; T4 THENCE NORTHERLY ALONG SAID WESTERLY MARGIN AND ALONG SAID CURVE TO THE R' LEFT HAVING A RADIUS OF 850.00 FEET THROUGH A CENTRAL ANGLE OF 130 29, 00", V) AN ARC LENGTH OF 200.03 FEET TO THE POINT OF BEGINNIGN FOR SAID CENTER- 0 LINE DESCRIPTION. Cn e4 THENCE NORTH 890 00- 00" WEST, 215.50 FEET; N THENCE NORTH 010 00- 00" EAST, 360.00 FEET; 0 THENCE NORTH 890 00- DO" EAST, 70.00 FEET TO POINT "A" AND THE TERMINUS co OF SAID CENTERLINE DESCRIPTION. TOGETHER WITH THE FOLLOWING ADDITIONAL EASEMENT DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" PREVIOUSLY DESCRIBED; THENCE PROCEEDING SOUTH 010 00, 00" EAST, 17.00 FEET; THENCE SOUTH 710 00- 00" EAST, 23.00 FEET; THENCE NORTH 78° 00- DO" EAST, 10.00 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY OF GARDEN AVENUE NORTH. THENCE PROCEEDING ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 17° 59' 39" WEST, 32.00 FEET; THENCE NORTH 89° 00, 00" EAST, 22.00 FEET MORE OR LESS TO A POINT WHICH NORTHBEARS THENCE SOUTH 00100Do- 0DO" WEAST, A7.00 FEET ND 7.00 ETO POET INT S"A". ALLAID POINTINAKING COUNTY, WASHINGTON. KJV/bss H W � ��fj56"MENT in — — — — — —�- {�wr i N 980E /0 N I I 00 ' 1 FASNoG� EXHIBIT A d' In O T4 0 O GCi Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of construct- ing, maintaining, repairing, altering or reconstructing said utilities, or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maintaining, repairing, altering or reconstruction of said utilities shall be accomplished in such a manner that the private improvements existing in the rights) -of -way shall not be disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy th& aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utilities. However, the grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utilities. This easement, shall be a covenant running with the land and shall be binding on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. THE BOEING COMPANY acting through its division BOEING COMMERCIAL AIRPT.AMr.q By: CORPORATE FOP14: STATE OF Washington ) COUNTY OF King j SS rector of Facilities On this -Z ND day of=4EHi1� 19 88 before me, the undersigned, a Notary Public n an for the State o�. duly commissioned and sworn personally appeared J. J. Nelson to me known to be the Director of Facilities of Boeing Commercial Airplane a division of The Boeing Company, the corporation that executed the fore- going instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that eu.....Authorized to execute the said in-3rument and that the seal affixed is t e ch orporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. otA—ary lti c in 490 Tor pie Slatk0 residing at My commission expires: 'Z_�a i � \Sc 9^ � 7 D D 7 O UTILITIES P E A S E M E N T THIS INSTRUMENT, made this 3 day of October 1988 . by and between and -= ;t its division T BOEING CO , Acting through and Y ,;Fi-.C, r Oil BOEING COMMERCIAL AIRPLANE COMPANY and and hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $ One Dollar paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successofs and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89°27'25" EAST 291.65 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, SAID SOUTH LINE ALSO BEING THE NORTH MARGIN OF NORTH EIGHTH STREET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°27'25" EAST 15 FEET; THENCE NORTH 0°32'35" EAST 38 FEET; THENCE NORTH 89°27'25" WEST 15 FEET; THENCE SOUTH 0°32'35" WEST 38 FEET TO THE TRUE POINT OF BEGINNING. I.:^ ram. 7E';7;;u5: .,.•.. . ?r 4 1 n air .-."� C'- , t. f4 = rp 'l. dID FILED FOR RECORD AT REQUEST OF OFFICE OF N My CLERK WON MONCFAL RN. UEfI-1 200MUAYESt RMON, WA SM i 7 10 Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of construct- ing, maintaining, repairing, altering or reconstructing said utilities, or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maintaining, repairing, altering or reconstruction of said utilities shall be accomplished in such a manner that the private improvements existing in the rights) -of -way shall not be disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy th& aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use dots not interfere with installation and maintenance of the utilities. However, the grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utilities. This easement, shall be a covenant running with the land and shall be binding on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. THE BOEING COMPANY, Acting through its division and BOEING COMMERCIAL AIRPLANE COMPANY and B and son, f Director o aci ities and Services CORPORATE FORM: STATE OF W S�A%"G-m,►4 COUNTY OF F-I&,-, SS On this '-I-r,%-A day of 196;B before me, the undersigned, a Notary Public' in and the State of i"&-vu duly commissioned and sworn personally appeared an to me known to be the F,n.•t%_t� and , respectively, of "Ttt� VL,k�, CC�•,�ai,r� the corporation that executed the fore- going instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that RE Isauthorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in' and for the State of WA6���yZv,.c. residing at�v tower lice?-? k SPEED LETTER TO :1119e-1-11� DATE:-- 2/ Alo V / 8� PROJECT: SUBJECT: VL E,95E �ECD,QI� TX/E .47-7-,9C.gED E.9SE/tiJCNT S 1 T To /4�C T d00%00%S, 53(. 20. 4-9 /4- Signed a rl CLERK'S OFFICE ,'c CAG-052-91 IED FOR RECORD AT REQUEST 6, •y OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. -n _ - 200 MILL AVE. SO. RENTON, WA 98055 AGREEMENT AND LICENSE Rt-CD F 13.011 = �= FOR Rf= t.FFE ?. n0 FIRE MAIN INTER -TIE AT CPSHSI • 1'i' 00 z NORTH 8TH ST. AND PARK AVENUE J) THIS AGREEMENT is made this /��A day of 19�, between The City of Renton, a municipal corporate , ("Grantor" herein) and The Boeing Company by and through its division, Boeing Commercial Airplane Group, ("Grantee" herein). Recitals I. Grantor has requested that Grantee construct and maintain a fire main inter -tie (as hereinafter defined ) for the purposes of providing increased fire protection. II. Grantee has agreed to undertake such construction and maintenance subject to Grantor granting licenses for purposes of such construction and maintenance. x III. Grantor and Grantee desire to enter into this agreement setting forth their respective obligations and rights regarding (� such license. 0 Gg Agreements 0 In consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants to Grantee the following licenses: A. A license across, along, in, upon and under Grantor's property described in Exhibit A (plan sheet C1 of the Fire Water Inter -ties project, Harris Group Inc. contract #90-1177, Boeing job #301860), attached hereto and by this reference made a part hereof, for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using a fire main inter -tie near the intersection of North 8th Street and Park Avenue North consisting of the entire utility assembly from the point of connection into Grantor's Water Main near the intersection of North 8th Street and Park Avenue North over to the point of connection into Grantee's fire main on the west side of Park Avenue North, including all piping, valves, meters, specialty items, valve vaults, equipment vaults, electrical equipment, electrical services, concrete work and paving (herein the "Inter -tie"), together with the nonexclusive right of ingress to and egress from said property for the foregoing purposes; - 1 - 15OLER Lbn I I r.,.,^ I r 0 z- ->. 11. -)n 11 c7 111 B. A temporary license for purposes necessarily and reasonably related to the construction of the Inter -tie across, along, in, upon, and under Grantor's property described in Exhibit B (Plan Sheet C1 of the Fire Water Inter -Ties project, Harris Group Inc. contract #90-1177, Boeing job #301860) attached hereto and by this reference made a part hereof, said license to commence on the date of this instrument and to terminate when construction of the Inter -tie is completed and the portion of the Inter -tie on the property described in Exhibit B is conveyed to Grantor by Grantee by a bill of sale; and C. A license for ingress to and egress from the property described in Exhibit A and B hereto upon, along, and across Grantor's property described in Exhibit C consisting of Plan Sheet C1 of the Fire Water Inter -Ties project, Harris Group Inc. contract #90-1177, Boeing job #301860) attached hereto and by this reference made a part hereof. The terms "license" and "license area" in this instrument refer to the licenses granted with respect to the property described in Exhibits A and C, and, for the period of its duration, the license granted with respect to the property described in Exhibit B. This license is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Costs of Construction and Maintenance. Grantee shall bear O and promptly pay all costs and expenses of construction of the O Inter -tie. Grantor shall pay all costs and expenses associated with the maintenance and repair of the Inter -tie upon Grantor's property described in Exhibit B, such Inter -tie to be conveyed to Grantor by Grantee by a Bill of Sale. Grantee shall pay all costs and expenses associated with the maintenance and repair of the Inter -tie in the license area described in Exhibit A. 2. Specifications. Grantee shall construct the Inter -tie in accordance with the specifications for the project set forth in Technical Specifications for Fire Water Inter -ties, Harris Group project no. 90-1177, Boeing job no. 301860, dated 11JoV M0 (the "Technical Specifications".) 3. Approval of Plans. Prior to any construction, alteration, replacement or removal of the Inter -tie, a notification and plans for the same shall be submitted in writing to Grantor by Grantee and no such work by Grantee shall be commenced without Grantor's prior written approval of the plans therefor, which approval shall not be unreasonably withheld or delayed; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the - 2 - 150LER circumstances. Grantor has approved the plans and specifications set forth in Grantee's above -mentioned Technical Specifications. 4. Coordination of Activities. Grantee shall coordinate the dates of its construction and other major activities on Grantor's property with Public Works Field Mai_nt.Dept, or such other employee of Grantor as Grantor may from time to time designate, and Grantor shall make the license area readily accessible to Grantee, and free from obstructions and other uses that may interfere with construction of the Inter -tie or its use thereafter; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the circumstances. 5. Work Standards. Upon completion of construction of the portion of the Inter -tie on Grantor's property, and upon completion of any subsequent work performed by Grantee on Grantor's property, Grantee shall remove all debris and restore the surface of the property as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments, survey reference or hubs which were disturbed or destroyed during construction. 6. Access by Grantee During Construction. Grantor shall make provisions for continued access by Grantee along, over, under, and across Park Avenue and North 8th Street during periods in which Grantee is conducting construction. During construction, Grantee shall endeavor to minimize interference with the free passage of traffic along Park Avenue and North 8th Street; PROVIDED, HOWEVER, that Grantee may divert traffic as needed to accomplish construction. Grantee shall submit to Grantor for approval a written plan for diversion of traffic, such approval shall be granted within seven (7) days of receipt of such plan and shall not be unreasonably withheld. 7. Grantee's Use and Activities. Grantee shall at all times conduct its activities on Grantor's property so as not to unreasonably interfere with, obstruct or endanger Grantor's operations or facilities. 8. Use of the License Area by Grantor. Grantee has been advised and is aware that: Grantor is using or intends to use the property subject to this Agreement for the purpose of public right of way. Grantor may continue to use the property for such purpose so long as the use does not unreasonably interfere with Grantee's exercise of its rights under the license. 9. Interference With Grantor's Future Facilities. Subject to paragraph 10 herein, in the event Grantor desires to construct facilities relating to Grantor's operations on or in the - 3 - 150LER vicinity of the license area described in Exhibit A hereto, and the location or existence of the Inter -tie located in the license area described in Exhibit A substantially interferes with such proposed facilities or construction thereof, or makes such construction or facilities substantially more expensive, Grantee shall either in its sole discretion, (a) relocate, protect or modify the Inter -tie located in the license area described in Exhibit A so as to eliminate such interference or expense or (b) reimburse Grantor for its added costs of design, construction, installation and/or acquisition of other property, but Grantee shall be obligated to act under (a) or (b) only upon the following conditions: (i) The location and existence of the Inter -tie is the sole cause of such interference or expense; PROVIDED, HOWEVER, this condition shall not be applicable if all other causes contributing to such interference and expense existed prior to the installation of the Inter -tie. (ii) Grantor shall have given Grantee advance written notice of its intention to undertake any such construction, together with preliminary plans and specifications for such work, identifying the potential conflict and all design information relating thereto. Such notice and plans shall be given in no event later than TW& (2) months prior to the commencement of the work. (iii) Grantor shall cooperate with Grantee in developing and considering various alternative designs for Grantor's facilities and shall supply all Grantor's design data necessary therefor; (iv) Grantor shall provide Grantee with such additional information as is available with respect to the construction and operation of its facilities to enable Grantee to determine the feasibility of any alteration and/or relocation of the Inter -tie located in the license area described in Exhibit A or Grantor's proposed facilities to avoid or diminish the conflict between such facilities. (v) Grantor shall amend this Agreement with respect to the license area described in Exhibit A, and shall provide Grantee with such temporary rights and such additional license rights on the property as are required to accommodate any alteration and/or relocation of the Inter -tie on Grantor's property so as to enable Grantee to avoid or diminish the risk of damage or destruction to, and interference with, the operation and maintenance of the Inter -tie. Grantee shall give written notice to Grantor within two (2) months of Grantor's giving to Grantee the notice and other information specified in condition (ii) of this paragraph 9, - 4 - 150LER by which notice Grantee will elect to (a) relocate, protect or modify the Inter -tie located on the property described in Exhibit A, or (b) reimburse Grantor for its said added costs. If Grantee elects to relocate, protect or modify the Inter -tie, it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of Grantor's construction. Grantor's added costs reimbursable under this paragraph shall be only those direct and actual reasonable costs necessarily incurred by reason of the location or existence of the Inter -tie located on the property described in Exhibit A. 10. Widening of Rights of Way. If Grantor elects to widen or otherwise alter or modify Park Avenue or North 8th Street such that Grantor condemns or otherwise takes possession of property owned by Grantee that contains any part of the Inter -tie, Grantor agrees to extend the license granted with respect to the property described in Exhibit A to include such newly acquired property at no additional cost to Grantee. This Section 10 in no way constitutes an agreement or admission by Grantee that Grantor is entitled to take possession of property owned by Grantee. 11. Hold Harmless. Grantee shall defend, indemnify and hold harmless Grantor, from and against all actions, causes of action, liabilities, claims, suits, judgments, liens, awards and damages, of any kind and nature whatsoever (hereinafter referred to as "Claims"), for property damage, personal injury or death and expenses, costs of litigation and counsel fees related thereto, or incident to establishing the right to indemnification, in any way related to the Agreement, the performance thereof by Grantee or its subcontractors, including without limitation the provision of services, O personnel, facilities, equipment, support supervision or review, to the extent such Claims arise out of any negligent act or omission of Grantee or its subcontractor. C� This indemnity will be applicable to a claim only if Grantor: (i) notifies Grantee of the claim or liability in writing within such time as to permit Grantee to protect its interests; (ii) permits Grantee to defend or settle against the claim or liability; and (iii) cooperates with Grantee in any defense of settlement against the claim or liability. 12. Commercial General Liability Insurance. Throughout the period of performance of this Agreement, Grantee shall carry and maintain, and shall ensure that its subcontractors carry and maintain, Commercial General Liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, including death, damage or, - 5 - 150LER alternatively, Two Million Dollars ($2,000,000) per occurrence single limit for bodily injury and property damage combined. Such insurance shall be in a form and with insurers reasonably acceptable to Grantor, and shall contain coverage for all premises and operations, broad form property damage and contractual liability (including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this Paragraph 12 shall name Grantor as additional insureds to the extent of the contractual obligation set forth in Paragraph 11 above. 13. Workers' Compensation. Throughout the period of performance of this Agreement, Grantee shall cover or maintain insurance, and shall ensure that its subcontractors cover or maintain insurance, in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the license area, regardless of whether such coverage or insurance is mandatory or merely elective under the law. Grantee shall also carry and maintain, and ensure that its subcontractors carry and maintain, Employers Liability coverage with limits of not less than One Million Dollars ($1,000,000) per accident. 14. Certificates of Insurance. Prior to the commencement of the work, Grantee shall provide for Grantor's review and approval certificates of insurance reflecting full compliance with the requirements set forth in Paragraphs 12 and 13 �j above. Such certificates shall be kept current and in compliance throughout the term of the Agreement and shall O provide for thirty (30) days advance written notice to Grantor Ca in the event of cancellation. O O 15. Termination of License. Either party may, upon 6 months advance written notice, terminate the license; PROVIDED, HOWEVER, that no termination may occur by Grantor during the initial two year period commencing on the date of this Agreement. 16. Removal of Inter -tie on Termination. Upon any termination of this Agreement, Grantee shall, on or before the effective date of termination, remove the Inter -tie from the license area described in Exhibit A and restore the ground of such area to the condition now existing, or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Inter -tie on the property described in Exhibit A. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner reasonably satisfactory to Grantor. - 6 - 150LER 17. Notices. Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: The City of Renton If to Grantee: The Boeing Company P.O. Box 3707, Seattle, Washington 98124-2207 Attention: Director of Facilities Renton Division, M/S 63-02 Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 18. Assignment. Neither Grantor nor Grantee shall assign its rights, privileges, obligations or liabilities hereunder without the prior written consent of the other party which consent shall not be unreasonably withheld or delayed; PROVIDED, THAT, Grantee may assign its rights, privileges, obligations and liabilities hereunder to its divisions and subsidiaries without the prior consent of Grantor. 19. Successors. Subject to the preceding paragraph, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. EXECUTED as of the date hereinabove set forth. The City of Renton M Tit TTEST: City Cle The Boeing Company through its division, Boeing Commercial Airplane Group By: Title: 011(eC-t1'V of reZ6i1JT1e5 - 7 - 15OLER STATE OF WASHINGTON ) ss. COUNTY OF ) I rtify that I know or have satisfactory evidence that -- signed this instrument, on oath stated that was authorized to execute the in ru ent and acknowledged it as the V-- of to be the free and voluntary ac- of such party for he uses and purposes mentioned in the instrument. DATED Ia.�' Z. Q �8 N TA PUB IC in and for the State of w4sPington, residing at My Appointment Expires: STATE OF WASHINGTON ) ,/ j ss. COUNTY OF � a I certify that I know or have satisfactory evidence that signed this instrument, on oath stated O that tt—e— was au oriz d to execute, �the�p.�iustrument C� and acknowledged it as the 'y of /ciaaZwan to be the free and voluntary act of such party for the uses ® and purposes mentioned in the instrument. DATED K . 19 91 E:� NOTARY PUBLIC in and for the State of Washington, residing at �ti�►ar r�''•�fi� My Appointment Expires: 0�c -�qjss__ > PUNIER u wY- - - --°`-� NR±_-- z —_ I ------ ----- - --------- "a'----10' 1 4 UN11L THE NEW WORtt ------- �...*55" T KAS YP104ED, DISINFECTED, s.D. uNAND P.- .AE TESTEDaPAYENENT SEMI ---------------------------22 1 vERr el�+D PRY 2R UO ASPHALT PAYING / vAUT `� (SATES ---- _------ - ---- -__------- E�G�� 06C E"K_________________________. OM, SRCIIAL OB \� c0� v�AUEt eox 16" SOLID SLEEVE _ T MCH OWII LINK RICE WfTH SAM MIRE ON TOP Wy 1 Mm hbl M 1rq� 9)Yl AW �' -- • WHEELI --_�-� P Sim BOx ENCLOSURE ASPIVLT WhXWAY � _ ------ wr•r�r nW>t H- ------------------ IWIT 10. .-' WITH COI -----X M i V3 1 T I \ I I lux j' CO NETHE CITY TO EXI OF E 1 ON WILL WNE \q AFTER CONTRACTOR HAS POLYPIGCED, PARK AVENUE N O RT F --`� \ i 1 DISINFECTED, AND PRESSURE TESTED STA 46+90.33 i� ALL NEW WORK. 1 X I ' STA 47+93.0; 20' RT STA 48+63; 20' \ - x1 WxFL ti t 12xI2 2 TEE ( ) (1)-12' GATE V \ I (t)-1T GATE VALVE Fl w () () / SOUO SLEEVE IN CONC. VAULT I ,,,, nett ur CAST IRON BOX ---- r -- �„- �"---------------=�--r6- T 1 -r-atr-Ir-•-r-•^- ��--------- rr w ■ n �Y al ra NHOtE • I • • • • • •MASS • ON. W (L38�. 1962) HE) CITY • • • X111111(��4k • • Ip• 11 (PAYED PER) • • • -T--{,•��A- t-I---_�-------.--T-1-�- I OF RENTON ELEV. 26.09 COIL" R Cal CURB WATER 1 I I • • _ L- r oi.raHOEL I I ¢My i•(� 170 W CITY I IW ,4HOLL I I / ro "Y ;;7N I I � I/ •� I - ��li — TM r —JJ� • • • • • �E5AU1� SAe • • • • * T. . j VR TiA--Y=��� • • 'mga_a G�•(R�)slog I ooppmewowAy aSOK 11 i nj I i WY O�,t at POLE n1°'wsc w u Irwsf I I I i ' col 1 I I I� I II M f.Cx I I� ❑ I II I I � Lil i L I I LJ I I I Cn I I� I II5 I I I Iq I 118 I I I F•— I I i 00 I I r I II, ODIC. WA" I l I I I F--• CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING EXISTING UTILITIES w�119 sl 1 1 SKRU•L Box+• I SAN. SEINER UFT STATION — { NE & REPLACE PORMNS—� OFICANOPY AS JOUIRED PUNIER F "cs ------+93.0; 76'RT+89,67; 82'RT L A W N FOR UNDERGROUND VAULT DETAILS AND PIPING SEE - DRAWING C5 Al b I (W) IN VAULT 2 -10' NIPPLE (3 LF) --- - 2 -16%10 REDUCER I-16x16x16 TEE (W) 1 -10' NIPPLE (LC AS REQ'D) o s' m -a -- 1 -10' SOLID SLEEVE (LP) SCALE: I'-10' ROTATE TEE 3 SHEET PETAL SIDPIC DOWN -22-1/Z-- - STORAGE SHEDS VALVE (MJ) W/ IN CONCRETE VAULT IN CONCRETE • R.O.W. qwmm� �- CONC. *wr-AL CUR8 k GUTTER CONTRACTOR SHALL IMMEDLATELY NOTIFY THE OWNER IF CONTAMINATED SOILS OR GROUNDWATER ARE ENCOUNTERED DURING THE WORK. 1 48+09 �- ASPWLT OYER CONCRETE STA 48+19.0; 20'RT i-•-• • (1)-12x6 TEE (WxFL) EI.D • • W/ THRUST BLOCK • (1)-5' GATE VALVE (FL VJ) • W C.I. VALVE BOX •• (I)-12s PLUG (W) • • W/ THRUST BLOCK STA 48+19.0; 27.5'RT • • (1)-HYDRANT ASSEMB '8001+G SICH ON cow- PAD C.SET PK NAA 1 S.S. vH I F� zl ------� 2))-DEADMAN BLOCKING �2)-10' O.S.&Y. GATE VALVE WI �] ce T.T.) IN VAULT ASPHALT i I PL SE➢ NIPPLES (3 LF AS REO'LPARKING AREA I X, 11 2-16x10 REDUCER (W)I2-16• 1;1)-16' NIPPLES (2 LF) 121-,1(1 SOLID i I• 1-16x16.16 TEE (W) iIEEVE (LP) _ID' NIPPLE (LENGTH AS REG -ID' SOLID SLEEVE (LP) (1)-16' BUTTE*LY VALVE (W) W/HANDCRANK I 11 IN CONCRETE VAULT I T- I 1 /2' SCH 40 a ` I IERT ck CURB ) GALV STL PIPE; CONNECT TO EXIST. II VH TURN DISCHARGE PIPE DOWN. CROUT I PENETRATION WATERf1G RAxrEa 1�0I .I.P 1)S.O. WH CONC. WALK - I E 22 1/Z NOTE: CONTRACTOR SKkLL NOT MAKE FIN liA LA�f10 vrat orunc r..••er•nn.m cure+ ,re r,•TcouAiu I CAG-052-91 ' q ED FOR RECORD AT REQUEST The FICE OF THE CITY CLERK ' BOX RENTON MUNICIPAL BLDG. ' 200 MILL AVE. SO. 2 RENTON, WA 98055 AGREEMENT AND LICENSE FOR: FIRE MAIN INTER -TIE AT NORTH 8TH ST. AND PARK AVENUE THIS AGREEMENT is made this 0.zlV day of between The City of Renton, a municipal corporate , ("Grantor" herein) and The Boeing Company by and through its division, > Boeing Commercial Airplane Group, ("Grantee" herein). 00 w o Recitals U lD ICD LO I. Grantor has requested that Grantee construct and maintain w �o a fire main inter -tie (as hereinafter defined ) for the 0�_ rn purposes of providing increased fire protection. II. Grantee has agreed to undertake such construction and maintenance subject to Grantor granting licenses for purposes of such construction and maintenance. III. Grantor and Grantee desire to enter into this agreement setting forth their respective obligations and rights regarding such license. Agreements In consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants to Grantee the following licenses: A. A license across, along, in, upon and under Grantor's property described in Exhibit A (plan sheet C1 of the Fire Water Inter -ties project, Harris Group Inc. contract #90-1177, Boeing job #301860), attached hereto and by this reference made a part hereof, for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using a fire main inter -tie near the intersection of North 8th Street and Park Avenue North consisting of the entire utility assembly from the point of connection into Grantor's Water Main near the intersection of North 8th Street and Park Avenue North over to the point of connection into Grantee's fire main on the west side of Park Avenue North, including all piping, valves, meters, specialty items, valve vaults, equipment vaults, electrical equipment, electrical services, concrete work and paving (herein the "Inter -tie"), together with the nonexclusive right of ingress to and egress from said property for the foregoing purposes; 91..-'05- 3 411.58 RE FCC 2. 00 E :AS}-iSL *4:*s:1.5. 00 - 1 - 40 r,nr, %iA -7--2d d a ill 150LER B. A temporary license for purposes necessarily and reasonably related to the construction of the Inter -tie across, along, in, upon, and under Grantor's property described in Exhibit B (Plan Sheet Cl of the Fire Water Inter -Ties project, Harris Group Inc. contract #90-1177, Boeing job #301860) attached hereto and by this reference made a part hereof, said license to commence on the date of this instrument and to terminate when construction of the Inter -tie is completed and the portion of the Inter -tie on the property described in Exhibit B is conveyed to Grantor by Grantee by a bill of sale; and C. A license for ingress to and egress from the property described in Exhibit A and B hereto upon, along, and across Grantor's property described in Exhibit C consisting of Plan Sheet Cl of the Fire Water Inter -Ties project, Harris Group Inc. contract #90-1177, Boeing job #301860) attached hereto and by this reference made a part hereof. The terms "license" and "license area" in this instrument refer to the licenses granted with respect to the property described in Exhibits A and C, and, for the period of its duration, the license granted with respect to the property described in Exhibit B. This license is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. T-4 1. Costs of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction of the Inter -tie. Grantor shall pay all costs and expenses associated 0 with the maintenance and repair of the Inter -tie upon Grantor's property described in Exhibit B, such Inter -tie to be conveyed to Grantor by Grantee by a Bill of Sale. Grantee shall pay all costs and expenses associated with the maintenance and repair of the Inter -tie in the license area described in Exhibit A. 2. Specifications. Grantee shall construct the Inter -tie in accordance with the specifications for the project set forth in Technical Specifications for Fire Water Inter -ties, Harris Group project no. 90-1177, Boeing job no. 301860, dated 4kViJ40 (the "Technical Specifications".) 3. Approval of Plans. Prior to any construction, alteration, replacement or removal of the Inter -tie, a notification and plans for the same shall be submitted in writing to Grantor by Grantee and no such work by Grantee shall be commenced without Grantor's prior written approval of the plans therefor, which approval shall not be unreasonably withheld or delayed; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the - 2 - 150LER circumstances. Grantor has approved the plans and specifications set forth in Grantee's above -mentioned -Technical Specifications. 4. Coordination of Activities. Grantee shall coordinate the dates of its construction and other major activities on Grantor's property with Public Works Field Maint.Dept, or such other employee of Grantor as Grantor may from time to time designate, and Grantor shall make the license area readily accessible to Grantee, and free from obstructions and other uses that may interfere with construction of the Inter -tie or its use thereafter; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the circumstances. 5. Work Standards. Upon completion of construction of the portion of the Inter -tie on Grantor's property, and upon completion of any subsequent work performed by Grantee on Grantor's property, Grantee shall remove all debris and restore the surface of the property as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments, survey reference or hubs which were disturbed or destroyed during construction. Or) 6. Access by Grantee During Construction. Grantor shall make tip provisions for continued access by Grantee along, over, under, �T4 and across Park Avenue and North 8th Street during periods in which Grantee is conducting construction. During construction, Grantee shall endeavor to minimize interference with the free passage of traffic along Park Avenue and North 8th Street; Q PROVIDED, HOWEVER, that Grantee may divert traffic as needed to ri accomplish construction. Grantee shall submit to Grantor for Q) approval a written plan for diversion of traffic, such approval shall be granted within seven (7) days of receipt of such plan and shall not be unreasonably withheld. 7. Grantee's Use and Activities. Grantee shall at all times conduct its activities on Grantor's property so as not to unreasonably interfere with, obstruct or endanger Grantor's operations or facilities. 8. Use of the License Area by Grantor. Grantee has been advised and is aware that: Grantor is using or intends to use the property subject to this Agreement for the purpose of public right of way. Grantor may continue to use the property for such purpose so long as the use does not unreasonably interfere with Grantee's exercise of its rights under the license. 9. Interference With Grantor's Future Facilities. Subject to paragraph 10 herein, in the event Grantor desires to construct facilities relating to Grantor's operations on or in the - 3 - 150LER vicinity of the license area described in Exhibit A hereto, and the location or existence of the Inter -tie located in the license area described in Exhibit A substantially interferes with such proposed facilities or construction thereof, or makes such construction or facilities substantially more expensive, Grantee shall either in its sole discretion, (a) relocate, protect or modify the Inter -tie located in the license area described in Exhibit A so as to eliminate such interference or expense or (b) reimburse Grantor for its added costs of design, construction, installation and/or acquisition of other property, but Grantee shall be obligated to act under (a) or (b) only upon the following conditions: (i) The location and existence of the Inter -tie is the sole cause of such interference or expense; PROVIDED, HOWEVER, this condition shall not be applicable if all other causes contributing to such interference and expense existed prior to the installation of the Inter -tie. (ii) Grantor shall have given Grantee advance written notice of its intention to undertake any such construction, together with preliminary plans and specifications for such work, identifying the potential CZ) conflict and all design information relating thereto. in Such notice and plans shall be given in no event later T4 than wa (2) months prior to the commencement of the work. T4 C� (iii) Grantor shall cooperate with Grantee in developing and considering various alternative designs for Grantor's 0 facilities and shall supply all Grantor's design data C) necessary therefor; (iv) Grantor shall provide Grantee with such additional information as is available with respect to the construction and operation of its facilities to enable Grantee to determine the feasibility of any alteration and/or relocation of the Inter -tie located in the license area described in Exhibit A or Grantor's proposed facilities to avoid or diminish the conflict between such facilities. (v) Grantor shall amend this Agreement with respect to the license area described in Exhibit A, and shall provide Grantee with such temporary rights and such additional license rights on the property as are required to accommodate any alteration and/or relocation of the Inter -tie on Grantor's property so as to enable Grantee to avoid or diminish the risk of damage or destruction to, and interference with, the operation and maintenance of the Inter -tie. Grantee shall give written notice to Grantor within two (2) months of Grantor's giving to Grantee the notice and other information specified in condition (ii) of this paragraph 9, - 4 - 150LER by which notice Grantee will elect to (a) relocate, protect or modify the Inter -tie located on the property described in Exhibit A, or (b) reimburse Grantor for its said added costs. If Grantee elects to relocate, protect or modify the Inter -tie, it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of Grantor's construction. Grantor's added costs reimbursable under this paragraph shall be only those direct and actual reasonable costs necessarily incurred by reason of the location or existence of the Inter -tie located on the property described in Exhibit A. 10. Widening of Rights of way. If Grantor elects to widen or otherwise alter or modify Park Avenue or North 8th Street such that Grantor condemns or otherwise takes possession of property owned by Grantee that contains any part of the Inter -tie, Grantor agrees to extend the license granted with respect to the property described in Exhibit A to include such newly acquired property at no additional cost to Grantee. This Section 10 in no way constitutes an agreement or admission by Grantee that Grantor is entitled to take possession of property owned by Grantee. 11. Hold Harmless. Grantee shall defend, indemnify and hold GO harmless Grantor, from and against all actions, causes of in action, liabilities, claims, suits, judgments, liens, awards W-4 and damages, of any kind and nature whatsoever (hereinafter f � reerred to as "Claims"), for ) property damage, personal injury or death and expenses, costs of litigation and counsel fees related thereto, or incident to establishing the right to indemnification, in any way related to the Agreement, the performance thereof by Grantee or its subcontractors, including without limitation the provision of services, personnel, facilities, equipment, support supervision or review, to the extent such Claims arise out of any negligent act or omission of Grantee or its subcontractor. This indemnity will be applicable to a claim only if Grantor: (i) notifies Grantee of the claim or liability in writing within such time as to permit Grantee to protect its interests; (ii) permits Grantee to defend or settle against the claim or liability; and (iii) cooperates with Grantee in any defense of settlement against the claim or liability. 12. Commercial General Liability Insurance. Throughout the period of performance of this Agreement, Grantee shall carry and maintain, and shall ensure that its subcontractors carry and maintain, Commercial General Liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, including death, damage or, 5 - 15OLER alternatively, Two Million Dollars ($2,000,000) per occurrence single limit for bodily injury and property damage combined. Such insurance shall be in a form and with insurers reasonably acceptable to Grantor, and shall contain coverage for all premises and operations, broad form property damage and contractual liability (including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this Paragraph 12 shall name Grantor as additional insureds to the extent of the contractual obligation set forth in Paragraph 11 above. 13. Workers' Compensation. Throughout the period of performance of this Agreement, Grantee shall cover or maintain insurance, and shall ensure that its subcontractors cover or maintain insurance, in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the license area, regardless of whether such coverage or insurance is mandatory or merely elective under the law. Grantee shall also carry and maintain, and ensure that its subcontractors carry and maintain, Employers Liability coverage with limits of not less than One Million Dollars ($1,000,000) per accident. 00 14. Certificates of Insurance. Prior to the commencement of 0 the work, Grantee shall provide for Grantor's review and T-4 approval certificates of insurance reflecting full compliance V-4 with the requirements set forth in Paragraphs 12 and 13 C1 above. Such certificates shall be kept current and in compliance throughout the term of the Agreement and shall w_n provide for thirty (30) days advance written notice to Grantor C in the event of cancellation. 15. Termination of License. Either party may, upon 6 months advance written notice, terminate the license; PROVIDED, HOWEVER, that no termination may occur by Grantor during the initial two year period commencing on the date of this Agreement. 16. Removal of Inter -tie on Termination. Upon any termination of this Agreement, Grantee shall, on or before the effective date of termination, remove the Inter -tie from the license area described in Exhibit A and restore the ground of such area to the condition now existing, or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Inter -tie on the property described in Exhibit A. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner reasonably satisfactory to Grantor. - 6 - 150LER X 1e) T4 C") N LI) O 17. Notices. Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: The City of Renton If to Grantee: The Boeing Company P.O. Box 3707, Seattle, Washington 98124-2207 Attention: Director of Facilities Renton Division, M/S 63-02 Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 18. Assignment. Neither Grantor nor Grantee shall assign its rights, privileges, obligations or liabilities hereunder without the prior written consent of the other party which consent shall not be unreasonably withheld or delayed; PROVIDED, THAT, Grantee may assign its rights, privileges, obligations and liabilities hereunder to its divisions and subsidiaries without the prior consent of Grantor. 19. Successors. Subject to the preceding paragraph, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. EXECUTED as of the date hereinabove set forth. The City of Renton By Ti TTEST: v City Cler The Boeing Company through its division, Boeing Commercial Airplane Group By:�-- Title: Ooer&Y of IGC6//17`ies - 7 - 150LER STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: STATE OF WASHINGTON ) t••1 i/ j s s . COUNTY OF Uv1q> C'7 (0J I certify that I know or have satisfactory evidence that M a.cmcvma-.cL- signed this instrument, on oath stated that %L2 was au or d to execute the -instrument and acknowledged it as the �JO-v of n to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED 19 91 NOTARY PUBLIC in and for the State y,� of Washington, residing at ,SiOy. +►��'••, `� My Appointment Expires: . HxiArTER \ �.u..n .......�.�.....�. �......., �....�......,.,., -IU NIYYLL 1J U) ----AND PRESSURE TESTED---_-- - ---- 2 -16x10 REDUCER .r..oc IorAroi? a nc vw uc --- u \' PAVEMENT SEAM 1-16x16x16 TEE (w) �, \� ; --------------------- -- -------- 1 -10' STOLID SPPLE LEEVE (LP) U) D SCALE 70l'=i0' --a xuHa---'--1--- ----- wV �; --- \\ -- - a � W.a ux � n � Wup Ux VAULT \ 2(r LID AWWT PAwlc___________ Z_ I/7 VENT BEND ROTATE TEE 3 SHEET VETAL SIDING 3 O \\ CITES DOWN 22 1/7 STORAGE SHEDS a� _______________________________ p\\_____________________________�CT�'LL DUCT �K____________________-___________ ___ _______-_____-____ SIGNAL \\ �nr (I)-I6'BUTTERFL _ 16' SOLID SLEEVE VALVE (IAJ) w/ T 1� CNAIN UNK MCE WITH M WIRE ON TOP IN CONC"OrRETE VA ``^� hA1 yT 9DMl 4Y ���• _ �� q � �� R.O.W. � mw RAMP_I I � TPAfT BOz NSENCLOSURE ASPHALT MAU(IYAY _ - --_- ----- —----------- -_-----------_ A- Mipl—F— -- —� - -------- �x --- ----- --- a. � - - ,� -- WITH CONDUIT COW- VERMAL I UTILITY PO CURB 3 CURER _ 1 LIB NOTE: THE CITY OF RENTON WILL MAKE I CONNECTION TO EXIST. 12' WATERMAIN D�NFE� D PRESSUOR RAS RE TESTED PARK AVENUE NORT YPIGGED,I a CONTRACTOR SHALL SOILS OR GROUNDWATER ARE L STA 46+90.331 c Ig � ALL NEW WORK. - ENCOUNTERED DURING THE WORK. - — —T--11 — --I-- b— — tVE — —+ IT STA 47+93.0; 20' Rf A 48+09 -12x12x12 TEE (wxfL) STA If GA 2A PHALT OVER CONCRETE \ ' I --- (I)—IT SOLID SIEEVE (1;-12' GATE VALVE (FL) w/ (1i-12' GATEw) 1us \ i ' () r Hw �aaa us _ CAST IRON BOX �r IN CONC. VAULSTA 48+19.0; 20'RTEWcv.• • • • • • I3EAt g Ass Y• • • • �` • •I� • • •• •(1)-6CATEEVALVE (Flaw) T >r T-I 1-TT 'i- i-i-i • IAJ WATER 1 ; GiF VKVE aao, • ITHRUST BLOCK a Y ¢lTq I I (PAVED OJEH) 1 -T- ----r-_--0AYM - -1--- I OF REHI011) HE. CITY CONC. VERTICAL CURB • WATER 1 I VS.NOAA t GUTTER TrP. • W� C.I. VALVE BOX L_ Y f HO(i i i Iwv i •• - - - - - - - ` (I) -I PLUG (w) L%--1 WAS ¢ I 1f� w CITY • • W/ THRUST BLOCK xwc I j , "MOLE I i /-• SD.I.P STA 48+19.0; 27.5'RT ASPHkr SOHAL 1 I I I I V •� I - , (1)-HYDRANT ASSEMBLY somuco�ona• i • • eox _ � 1- ++ws m g wl�_ J� r • _ • • • A� • • • • • OiA[ylA1► Ri iT 4 • • • • • •• • • iO+FIxAY 1 Z WALKWAYPOLEO P POLE k E=NS'z .aw a r I Wv I M i OFF CANPO REQUIRED law. I I , cIw IV= cw `� - F , Cal I I ki I I TOP OF. eER11 I I I 1 ON colic PAo .� Ca cxWI li — w 1 STAND T 0 I PIPES. � 1 EDGE ar LAWN I KANTER I SET PK we 1 8 1 i l i V I 1 �F F 1R1 rwm a u -------------- 1 --- ----- 1 S.S. WH cY s� ROAD STA 47+93.0; 761Ri I gl li (~ SAX SEWER' I S.S.LAN STATION LIFT i u _ zl 2—DEADMAN BLOCKING -- ---- -- -- — -- I C8 WITH 2 -1(w) IN VAULT VALVE ROAD STA 47+89.67; 82'RT , W Q ' I I I I 6 CONCRETE PARK AREA ' i' pl SEPARATOR 2 -1Tl NIPPLES (3 lF AS RED BUIaNEAD ; 3 \ 2 —16x10 REDUCER (w) \\ 2 —16' NIPPLES (2 LF) I I, p0 I I I I F I 1)-1If SOLID , 1-16x16x16 TEE (MJ) L A w H 11I I I I SLEEVE (LP) ; W F \\° 1 -iCf SOLID IT SLEEVETH (LP) CONC. NAta i i'- F i I VALVE(MJ) WW//HANDCRAMK \\ I 11 = 1 I I I I \ I FOR UNDERGROUND VAULT I I ' \ VERTICAL Cm> F F ~ I I DETAILS AND PIPING SEE s IN CONCRETE VAULT I I I I 1 1/7 SCH 40 (TMPJ I DRAWING CS I I I I I GALV STL PIPET \\ CONNECT TO EXIST. I l i z I i S \ MH TURN DISCHARGE op I \\ PIPE DOWN. GROUT I PENETRATION WATERTIG t cr_ CONTRACTOR SHALL BE RESPONSIBLE -- --L PwaPt 1 / I P SD. um FOR VERIFYING. "'STING UTILITIES �� 2)_1� 'OK, WALK CALL B E I :DIGGING RoaD STA 47+93.0; 110.33' RT I STA 48+09 VERT.22 1/7 NO 1ACTOR SWILL No7 : r_ -nh I I-800-�+L4-5555 16z16x16 TEE w RFLY BENS CON._ d Tb EXIST. 1o•�WAT: j. �t L 110.33' Rf (I)-16'EIUTTERFIY THE NEW WORK HAS BEEN POL+PICGt'O, ( ) VAI VF (U.11 w/IIANW.DANK ncwerrTm ANn PRFca1RF TFA;n WHEN { - >, PETURNTO: RECEIVrD THIS DAY Office of t'.. Renton 1`1::1.— ,. •t ,luilding 200 Mill Avenue South Renton, WA 9&055 JUL 15 1107 AN IS EASEMENT "Y i ` Y? OF L:CTIONS .. ,, TY For and in consideration of One Dollar ($1.00) and other valuable consideration the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, acting by and through its division Boeing Commercial Airplane Group, ("Grantor" herein), hereby grants and conveys to The City of Renton, a municipality of the State of Washington corporation ("Grantee" herein), for the purposes hereinafter set forth a non-exclusive perpetual easement, over, across and under the real property, in King County, Washington, as described in Exhibit A, such easement to take up the portion of such property as is described in Exhibit B and depicted on Exhibit C (the "Easement Area"), which such exhibits are attached hereto and incorporated herein by tD t" this reference. V4 O This easement is granted subject to and conditioned upon the following terms, Cq conditions and covenants which Grantee hereby promises to faithfully and fully i*_ observe and perform. 1 1. Purpose. Grantee shall have the right to construct, operate, maintain and repair a motor control panel, architectural wall, and railing, together with all necessary appurtenances, in connection with the installation, operation, and maintenance of a lift station. 2. Comnliance with Laws and Rules. Grantee shall at all times exercise its rights 4 herein in compliance with all applicable laws and regulations. 3. Removal of Fill Material. In the event that Grantee encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, Grantee shall cease all operations and notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of Grantee, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or Y reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for Grantee to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, Grantee shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred 0 M1 O .t1 ON Page I of 9 29485.225/GB/050796 due to the delay in operation. If the encountered or suspected hazardous substances are the result of the acts or omissions of Grantee, Grantor's characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at Grantee's expense, and Grantee shall have no recourse against Grantor for the cost of schedule delays incurred due to the delay in operation. Any environmental mitigation requirements imposed as a result of the exercise of any right or obligation of Grantee hereunder shall be the sole responsibility and expense of Grantee. 4. Grantee Use and Activities. Except as provided in Paragraph 1, Grantee shall not use, or allow the use of, the Easement Area for any other purpose whatsoever. Grantee shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area as set forth in Paragraph 5. Grantee shall, at all times, exercise its rights hereunder in a manner so as to prevent bodily harm to persons (whomsoever) and damage to property (whatsoever). Grantee shall maintain and repair the Easement Area (and improvements thereon) as necessary to keep the same in a neat, clean and safe condition. 5. Grantor's Use of the Easement Area and Access by Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere ri with the exercise of the rights herein granted. Grantee shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which Grantee is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such 0') action upon such notice to the other party as is reasonable under the circumstances. 6. Indemnity and Insurance. Grantee agrees to release; indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents servants and representatives from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for death or injury to employees of Grantee, costs, expenses and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly from, on account of, or in connection with Grantee's negligent operation, maintenance and control of the Easement Area (and improvements thereon) or willful misconduct in connection therewith. With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein Page 2 of 9 29485.225/GB/050796 assumed, Grantee waives any immunity, defense or other protection that may be awarded by any worker's compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). 7. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use said Easement Area for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor. 8. Notices. Notices required to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: To Grantor: Boeing Commercial Airplane Group P.O. Box 3707 - M/S 75-66 Seattle, WA 98124-2207 Attn: Manager of Planning & rl Leased Properties Phone: 237-1945 with a copy to: tD pn Boeing Commercial Airplane Group P.O. Box 3707 - M/S 76-52 Seattle, WA 98124-2207 Attn: Group Counsel Phone: 237-2682 To Grantee: Attn: Phone: Either party may change the address to which notices may be given by giving notice as above provided. Page 3 of 9 29485.225/GB/050796 A 9. Access. Grantee shall have the right of reasonable access to the Easement Area over and across adjacent lands owned by Grantor to enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantor for any damage to the Easement Area caused by the exercise of said right of access and the cost of any repairs resulting therefrom at the actual customary cost of such repair. 10. No Warranties. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. Any plans, specifications, or drawings (collectively, "Submittal") provided by Grantee to Grantor pursuant to this Agreement are for Grantor's informational purposes only. Any analysis, review or approval by Grantor, or Grantor's failure to analyze, review or approve such Submittal (including failure to discover any error or defect in such Submittal) shall not relieve Grantee of any of its obligations under this Agreement. Grantor hereby expressly disclaims any and all warranties, express or implied, with respect to any such Submittal developed, reviewed or approved by Grantor as a condition of this Agreement. CAD 11. Successors and Assigns. The rights and obligations of the parties shall inure to �r4 the benefit of and be binding upon their respective successors and assigns. O N N 12. Termination: Relocation. i` 12.1 Grantor may require Grantee to relocate the easement granted hereby at any time and from time to time to another area of the Grantor's property, provided that any such relocation shall be at Grantor's expense, and provided that any area to which the easement is relocated shall be deemed the "Easement Area" for all purposes of this instrument from the date of such relocation. 12.2 In the event Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving Grantee written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, within such other period of time as may be reasonable in the circumstances, Grantor may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 12.3 Upon termination of this Agreement and if requested by Grantor, Grantee, at its sole cost and expense, shall remove from the Easement Area any and all improvements thereon and restore the Easement Area to a condition as good or better than it was prior to construction of said improvements. Page 4 of 9 29485.225/GB/050796 12.4 No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. DATED , 1996. Grantee: The City of Renton, Washington By: g-44� sse Tanner Its: Mayor V4 N. Attax Marilyn . n, City Clerk � M GRANTOR: The Boeing Company, by and through its division, Boeing Commercial Airplane Group By: k Yager Its: - Rusinpss Resources 29485.225/GB/050796 Page 5 of 9 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 1996, before me the undersigned personally appeared Jack L. Yager to me known to be the person who signed as Vices President-- Facilities Asset Management Organization of Boeing Commercial Airplane Group, a division of THE BOEING COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Cat STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Not is in and for the State of Washington residing at�� My commission expires ezh,19,7. On this day of , 1996, before me the undersigned personally appeared to me known to be the of THE CITY OF RENTON, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington residing at My commission expires Director 29485.225/GB/050796 Page 6 of 9 11W.i.118101A THE BOEING COMPANY SUBJECT PARCEL LEGAL DESCRIPTION: Those portions of Government Lots 1, 2 and 3 and the Southeast quarter of the Northwest quarter of Section 8, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington described as follows: Beginning at the intersection of the south line of said Government Lot 3 with the easterly margin of Park Avenue N. (also known as Secondary State Highway No. 2-A and Lake Washington Boulevard N.); Thence North 00' 56' 4 1 " East along said easterly margin, a distance of 1284.03 feet, to an intersection with the southerly right-of-way line of Primary State Highway No. 1 (SR 405) North Renton Interchange as condemned in King County Superior Court Cause Number 656127; Thence South 89' 03' 19" East along said southerly right-of-way line, a distance of 15.00 feet, to the beginning of a curve to the right from whence the center bears South 89' 03' 19" East, a distance of 527.62 feet; Thence northeasterly along said curve, a distance of 394.57 feet, to the point of tangency; ;.p Thence North 43' 47' 34" East, a distance of 121.67 feet; 4-4 Thence North 82' 04' 59" East, a distance of 48.41 feet; C11 Thence South 46' 12' 26" East, a distance of 42.25 feet, to the westerly margin of Garden Street North in the City of Renton; Thence leaving the southerly right-of-way line of said Primary State Highway No. 1, South 18' 00' 38" .l3 0� East along the westerly margin of Garden Street North, a distance of 1249.79 feet, to the beginning of a curve to the right with a radius of 85n.00 feet; Thence southerly along said curve and said westerly margin, a distance of 275.03 feet, to a point of tangency; Thence South 00' 31' 42" West along said westerly margin, a distance of 253.22 feet, to the south line of the Southeast quarter of the Northwest quarter of said Section 8; Thence North 89' 28' 18" West along said south line and along the south line of said Government Lot 3 in said Section 8, a distance of 771.25 feet, to the point of beginning; LESS that portion thereof described as follows: Beginning at a point on the easterly margin of said Renton North Interchange of SR-405 opposite centerline station 0+95 of A -line, as shown on sheet 2 of 5 of plans thereof as approved April 27, 1965, said point being on a 527.96 foot radius curve, the center of which bears South 79' 32' 24" East; Thence northeasterly along said easterly margin and said curve, a distance of 307.15 feet; Thence North 43' 47' 34" East along said easterly margin, a distance of 121.67 feet, to an angle point in said margin; Thence North 82' 04' 59" East along said easterly margin, a distance of 19.34 feet, to a line parallel with and 57.00 feet distant from, as measured at right angles, said centerline of A -line; Thence South 43' 47' 34" West along said parallel line, a distance of 136.87 feet, to the beginning of a curve to the left with a radius of 515.96 feet; h: techservVegals\BECUPARC.D0C/ Thence southwesterly along said curve, a distance of 300.17 feet, to a point which bears South 79' 32' 24" East from the point of beginning; Thence North 79' 32' 24" West, a distance of 12.00 feet, to the point of beginning; and LESS that portion thereof described as follows: Commencing at the intersection of the south line of said Government Lot 3 with the easterly margin of Park Avenue North; Thence South 890 28' 18" East, along said south line of Government lot 3, a distance of 25.00 feet to the point of beginning; Thence North 00' 56' 4 1 " East, a distance of 3.63 feet; Thence South 470 48' 53" East, a distance of 5.46 feet, to an intersection with said south line or said Government Lot 3; Thence North 89' 28' 18" West, along said south line, a distance of 4.11 feet, to the point of beginning; and LESS that portion thereof described as follows: Commencing at the intersection of the south line of said Government Lot 3 with the easterly margin of Park Avenue North; eri Thence North 00' 56' 4 1 " East along said easterly margin, a distance of 497.03 feet; Thence South 89' 03' 24" East, a distance of 10.00 feet, to the point of beginning; Thence North 00056'41" East, a distance of 66.49 feet; Thence South 03" 46' 47" East, a distance of 24.28 feet; G') Thence South 00' 56' 4 1 " West, a distance of 28.00 feet; Thence South 08' 547 52" West, a distance of 14.43 feet, to the point of beginning. h:techserv%Iegals\BECUPARC.DOC/ EXHIBIT B Permanent sanitary sewer easement across Boeing property (described in Exhibit A): Commencing at the intersection of the south line of Government Lot 3 of Section 8, Township 23 North, Range 5 East, W.M., King County, Washington, with the easterly margin of Park Avenue North (also known as Secondary State Highway No. 2-A and Lake Washington Boulevard N.) Thence South 89' 28' 18" East, along said south line of Government Lot 3, a distance of 25.00 feet, to the point of beginning; Thence North 00' 56' 41" East, a distance of 2.00 feet; Thence South 89' 28' 18" East, a distance of 27.00 feet; Thence South 00' 56' 41" West, a distance of 2.00 feet, to an intersection with the south line of said Government Lot 3; Thence North 89' 28' 18" West along said south line, a distance of 27.00 feet, to the point of beginning; LESS that portion lying within the following described parcel in Government Lot 3 of Section 8, Township 23 North, Range 5 East, W.M., King County, Washington; Commencing at the intersection of the south line of said Government Lot 3 with the easterly margin of Park Avenue North; coThence South 89128' 18" East, along said south line of Government Lot 3, a distance of 25.00 feet, to the point of beginning; C Thence North 00' 56' 41" East, a distance of 3.63 feet; Thence South 47' 48' 52" East, a distance of 5.46 feet, to an intersection with said south line of said Government Lot 3; Thence North 89' 28' 18" West, along said south line, a distance of 4.11 feet, to the point of beginning. Temporary ingress/egress easement across Boeing property (described in Exhibit A): Commencing at the intersection of the south line of Government Lot 3 of Section 8, Township 23 North, Range 5 East, W.M., King County, Washington, with the easterly margin of Park Avenue North; Thence South 89' 28' 18" East, along said south line of Government Lot 3, a distance of 25.00 feet; Thence North 00' 56' 41" East, a distance of 102.00 feet, to the point of beginning; Thence continuing North 00' 56' 41" East, a distance of 28.00 feet; Thence South 89' 03' 19" East, along a line at right angles to the previous given bearing, a distance of 33.00 feet; Thence South 000 56' 41" West, a distance of 46.00 feet; Thence North 89' 03' 19" West, a distance of 28.00 feet; Thence North 00' 56' 41" East, a distance of 18.00 feet; Thence North 89' 03' 19" West, a distance of 5.00 feet, to the point of beginning. Temporary ingress/egress easement shall expire July 31, 1997. h: techserv\legals\BECUPARC.DOC/ rn S C %) L000n Ave, N N �0 ou O m m xZ n0 TZ -.. C/) —r C O W -� M N n f I,, - cc SANITARY SEWER EASEMENTS EXHIBIT C (Sheet 2 of 2) co 0 co 27' 5.46' r3.63, 2, 771.25' N89° 28' 18" W L4.11, — N. 8th St® ® Temporary Ingress/Egress Easement Gti`tY O� SAMTARY SEWERS • D. Christensen ® Permanent Sanitary Sewer Easement ,f, `` � R. Maconie, D.Visneski FAO 18 June 1996 o • a CV Return Address City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 20011205003127 CITY OF RENTON EAS 22.00 PAGE 001 OF 015 12/05/2001 15:20 KING COUNTY, WA Document Titles) (or transactions contained therein} 1. Sanitary Sewer Easement — Parcel 38—•1 2. 3. Reference Number(s) of Documents assigned or released: (on page of document(s) Grantor(s) (Last name first, then first name and initials): 1. The Boeing Company 2. 3. 4. ❑ Additional names on page _ of document Grantee(s) (Last name first, then fast name and initials} 1. City of Renton 2. 3. 4. Additional names on page _ of document Legal description (abbreviated: i.e. lot, block, plat or section, township, range) That Portion of Government Lot 1 in the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M. ® Full legal is on page 8 of document Assessors Property Tax Parcel/Account Number Portion of #082305901108 V- C-4 SANITARY SEWER EASEMENT Parcel 313-1 CD N For and in consideration of Ten Dollars (S 10.00) and other valuable �. consideration the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("the City" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted in Exhibit A hereto (the "Property"), in King County, Washington. Except as may be otherwise set forth herein the City's rights shall be exercised upon that portion of the Property depicted on Exhibit A and more particularly described in Exhibit B (the "Easement Area"). This easement is granted subject to and conditioned upon the following terms, conditions and covenants which the City hereby promises to faithfully and fully observe and perform. 1. Purpose. The City shall have the right to construct, operate, maintain, repair, replace and enlarge the sewer pipeline together with all necessary or convenient appurtenances therefor. 2. Compliance with Laws and Rules. The City shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authority having Jurisdiction. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the City shall cease all operations and 103003-0160/SA011570.069) .. 1 6n101 f notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose; or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for the City to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, the City shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or Lry suspected hazardous substances are the result of the acts or omissions of the City, C, Grantor's characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal or handling of r the hazardous substances will be at the City's expense, and the City shall have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in �► operation. 4. The City's Use and Activities. The City shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Property as set forth in Paragraph 5 herein. 5. Grantor's Use of the Easement Area and Access by Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the City is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. 6. Indemnity. The City agrees to indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for death or injury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising 103003-0160/SA01 1570.069) -2- 6/7/01 directly or indirectly from, on account of, or in connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. 7. Notices. Notices required to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: Cn y:Z,) To Grantor: The Boeing Company c/o Boeing Commercial Airplane Group c' P.O. Box 3707 - M/S 211-71 N �-- Seattle, WA 98124-2207 Attn: Mr. Rick Ford V Phone: (425) 237-2336 With a copy to: Boeing Realty Corporation P.O. Box 3707-M/S 211-79 Seattle, WA 98124-2207 Attn: Mr. Jeff Adelson Phone: (206) 544-5918 And to: Office of the General Counsel The Boeing Company P.O. Box 3707 - M/S 13-08 Seattle, WA 98124-2207 Phone: (206) 655-2405 To the City: City of Renton Department of Development Services 1055 S. Grady Way Renton, WA 98055 Attn: Property Services Division Phone: (425) 430-7200 Either party may change the address to which notices may be given by giving notice as above provided. 8. Access. The City shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to 103003-0160/SA011570.0691 -3 - 6fl/01 exercise its rights hereunder, provided that the City shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 9. Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 10. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 11. Termination. 0 11.1 Termination for Breach. In the event the City breaches or fails to perform or ob9erve any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving the City written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, C within such other period of time as may be reasonable in the circumstances, Grantor may terminate the City's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 11.2 Termination for Abandonment or Lack of Necessity. In the event that the property designated with hatch marks on Exhibit A ("Benefited Property") is developed with at least one building with a finished floor height of sufficient elevation for a side sewer connection as identified in Exhibit C (Sanitary Sewer Availability Report), the City ceases to use said Easement Area for a period of five (5) successive years, or if for any other reason the Easement is not necessary to support development of the Benefited Property, then Grantor may terminate the City's rights under this Agreement. DATED this /0 M day of J-ii U-,' , , 2001. THE CITY: GRANTOR: City of Renton The B . Company, a Delaware co By: B sse Tanner h11ip . Cyb Its Mayor Vice residen 103003-0160/SA011570.0691 -4- 6n/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California n ss. _ County of LG`�_A�� —___ —__ On �'l� I -(A before me, t�,-n A- to c)� Q i U ��! Date ; y 1 Name and Title of Officer le g Jane Doe. Notary Pu 10 personally appeared l�CU (�CLf - Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence cv n ER r DAWN E. SHAVER _ (n hh COMM. x 1159725 r' Notary Public - California :1) r ORANGE COUNTY 10my Comm Expires Oct. 14, 2001 Place Notary Seal Above to be the person(&) whose names) is/efe- subscribed to the within instrument and acknowledged to me that he/sJae/ifiey executed the same in his/#aer/thteiT authorized capacity(ies), and that by his/hef/-threir signature(es on the instrument the person(s), or the entity upon behalf of which the person(s'r acted, executed the instrument. WIT ESS my hand and official seal. V' Signature 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. Description of Attached Document Title or Type of Document - Document Date: Number of Pages: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer Signer's Name:MR ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -- ® 1997 National Notary Assoc,alion • 9350 De Solo Ave . PO Box 2402 • Chalsworth. CA 91313.2402 —5— Prod No 5907 Reorder Call Toll -Free 1-800-8MI5827 N Cn C:J a N STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 3,� day of 4�,2ze-,-n„6e,.2001, before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTON, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. 1 03003-0160/SA01 1570.0691 (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: ab c; t g in 6/7/01 t*— c� cti r- EXH 1 1Y1A EAR PARCEL 3B-1 PUBLIC SAWARY SEWER SYSTEM Q.L1, NM/A SEC. 8, T23K R5F, W.M. Duane Hartman & Associates, Inc. N SCALE I "= 100' I P-(-P-NIII 9 STREET MONUMENT IN CASE SS MANHOLE PROPERTY LINE ® EASEMENT NOO°29'31 "E, 427.34 N. 8TH ST. 11/15/01 EASEMENT PARCEL 313-1 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 3B RENTON, WA A 15 FOOT WIDE STRIP OF LAND IN GOVERNMENT LOT 1, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., KING COUNTY, WASHINGTON, SAID STRIP OF LAND BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: c� COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF NORTH 8TH STREET AND GARDEN AVENUE NORTH; THENCE NORTH 000 29, 31" EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE NORTH, 427.34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- WAY CENTERLINE POINT OF INTERSECTION; THENCE NORTH 180 00' 30" WEST r„ ALONG THE TANGENT AND CENTERLINE THEREOF, 1414.93 FEET; THENCE AT A RIGHT ANGLE TO SAID CENTERLINE SOUTH 710 59' 30" WEST, 41.70 FEET TO THE WESTERLY MARGIN OF GARDEN AVENUE NORTH AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 800 15' 11" WEST, 34.17 FEET TO A POINT ON THE WEST LINE OF PROPOSED PARCEL 1 AND THE TERMINUS OF SAID CENTERLINE; THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO TERMINATE ON THE BOUNDARIES OF PARCEL HEREIN DESCRIBED. (A PORTION OF BOEING'S PARKING LOT 3B) CONTAINING 513 SQUARE FEET, MORE OR LESS. PrPnarPd By: Duane Hartman & Associates, Inc. •� Job No.: 00-146 May 24, 2001 �» Revised: November 19, 2001 10/Zola 0 CII, EXHIBIT C ]Sanitary Sewer Availability Report] 103003-0160/SA011570.069) -9- 6/7/O 1 c� N N REPORT NO. 00-10754/001 SHORT SUBDIVISION PARKING LOTS 313 AND 6 SANITARY SEWER AVAILABILITY STUDY PROJECT NO. 00-10754 SANITARY SEWER AVAILABILITY SUMMARY BOEING REALITY CORPOkATION SEATTLE, WASI INGTON DATE: DULY 26,200 REVISION 1: AUGUST 18, 2000 REVISION 2: MAY 7, 2001 Boeing Realty Corp is considering subdividing Parking Lots 313 and 6. These are the two blocks bordering Garden Avenue on the west and east sides, respectively between N. Park and N. Eighth Street. Lot 6, to the east of Garden extends east to the rail tracks. This sewer availability study was performed by the Harris Group Inc. to determine the area of each new short subdivision lot that can be served by gravity sanitary sewer. Each lot must be served by the existing City of Renton sanitary sewer main systems on N Eighth Street and Garden Avenue North. The design criteria used to determine if gravity sanitary sewer was available to each new lot was as follows: Any private main or side sewer outside of the possible building envelope was sloped at 0.5%. Maintaining this slope requires that those lines be a minimum of eight inches in diameter. Sanitary sewer under the building footprint were sloped at 1.0% per the Uniform Plumbing Code Section 708.0 Grade of Horizontal Drainage Piping. Section 708.0 allows a 1% slope when approved by the Administrative Authority. For purposes of this study, the possible building footprint area served by the sewer was conservatively calculated by assuming the transition from 0.5% slope to 1.0% occurs at the setback line. In reality, the actual building footprint will probably be further back than the setback line because of parking requirements and storm water management issues. Finish floor (FF) elevation was determined for each lot based on site grades or as required to provide under building sanitary sewer coverage. The highest allowable under building footprint sanitary sewer grade elevation was set at 1'-6" (invert to top of finished floor) below the determined finish floor elevation to allow for finished plumbing turndowns and bends. Based on the design criteria above each new short subdivision lot has over 90 percent of its allowable building footprint area available to gravity sewer service to a portion of the existing City of Renton sanitary sewer system r� N C__) C7 C, N F� ev DESCRIPTION OF FACILITY The following table provides a break down of the preliminary sewer design results for each new short subdivision lot. For each lot the determined building finish floor elevation is g+ven, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a descnption of how the lot will connect tp the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) MAXIMUM LENGTH OF SAN PIPE UNDER BLDG AT 1.0%SLOPE FEE CITY SANITARY MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 20.35 615 153 PUBLIC SEWER MAIN LOT 6 2 30 22.35 615 153 PUBLIC SEWER MAIN LOT 6 3 32 24.9 560 153 PUBLIC SEWER MAIN LOT 6 4 32 14.7 580 NEW MH E. OF 61 SIDE SEWER LOT 3B 1 27 176 790 153 PUBLIC SEWER MAIN LOT 3B 2 27.5 20.8 520 155 PUBLIC SEWER MAIN LOT 3B 3 30.2 12 68 600 155 PUBLIC SEWER MAIN LOT 3B 3.411 29.5 23 2 480 168 SIDE SEWER LOT 3B a 27 1785 760 133 PUBLICSEWER MAIN The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOTS 1, 2 AND 3: Sanitary sewer service to these three lots is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing eight -inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka with the City of Renton it was determined that it would be feasible to route the sanitary sewer for these lots through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.4 feet in elevation or 3.8 feet above the invert of the 72-inch pipe. The attached drawing shows this concept. Once the public sanitary sewer main is on the east side of the 72-inch storm sewer a manhole will be placed to serve Lot I and provide extension of the public sewer system to Lots 2 and 3 at a slope of 0.5%. SHORT SUBDMSION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a manhole be installed on the existing 20" City of Renton sanitary sewer main on North 8th Street approximately 80 feet east of city Sanitary Manhole 61. Al- SHORT SUBDIVISION PARKING LOT 313 — LOT 1: This lot will require a public sanitary sewer main system extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Ave. N. The existing 12-inch City of Renton high-pressure water main may need to be routed under the new sewer if a conflict is encountered. SHORT SUBDIVISION PARKING LOT 313 — LOTS 2 AND 3: These two lots will have a public sanitary sewer main system that will connect to the existing City of Renton sanitary sewer manhole 155 on Garden Ave. N. Outside of the building footprints of these two lots a sanitary manhole will be provide to convey the (low from each respective lot. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton Sanitary Sewer Manhole 168 on N. Eighth Street. r— 9 SHORT SUBDIVISION PARKING LOT 313 — LOT 4: This lot will require a public cv sanitary sewer main extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Avenue No. This public sewer also serves Lot 1. c_, C::, Lf')- 3. ALTERNATE SEWER PLAN 0 c„ The following table provides a break down of the altemate preliminary sewer plan for each new short subdivision lot that allows each lot to be provided sanitary sewer service by a side sewer. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot pent, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect to the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) MAXIMUM LENGTH OF SAN PIPE UNDER BLDG AT 1.0% SLOPE FEE CITY SANITARY MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 21 550 153 SIDE SEWER LOT 6 2 31.7 24 615 PIPE SIDE SEWER LOT 6 3 32 24.9 560 156 SIDE SEWER LOT 6 4 32 24.7 580 PIPE SIDE SEWER LOT 3B 1 27 17.6 790 153 SIDE SEWER LOT 3B 2 27.5 20.8 520 155 SIDE SEWER LOT 3B 3 30.75 23.25 600 PIPE SIDE SEWER LOT 3B 3 All 29.5 23.5 480 168 SIDE SEWERS LOT 3B 4 27 17.17 830 PIPE SIDE SEWER The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOT 1: Sanitary sewer service to this lot is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing 8-inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka, with the City of Renton, it was determined that it would be feasible to route the sanitary sewer for this lot through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the 1,4- sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.8 feet in elevation or 4.2 feet -above the invert of the 72-inch pipe. The attached drawing shows this concept. • SHORT SUBDIVISION PARKING LOT 6 — LOTS 2 & 3: Lot 2 will require the placement of side sewers over the top of the 72-inch and 48-inch storm drain lines. The side sewer will drop into the existing eight -inch City of Renton per the City of Renton typical detail side sewer -riser detail. Lot 3 side sewer will also go over the 72-inch and 48-inch storm drain lines, and then will enter into the City Sanitary Manhole 158. • SHORT SUBDIVISION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a side sewer connection be installed on the existing 20-inch City of Renton sanitary sewer main on N. Eighth Street approximately 80 feet cast of City Sanitary Manhole 61. cv • SHORT SUBDIVISION PARKING LOT 313 — LOT 1: This lot will require the placement of a side sewer into existing City of Renton sanitary sewer manhole 153 on Garden Ave. N. The existing 12-inch City of Renton high-pressure water main may need to be routed under the "' new side sewer if a conflict is encountered. SHORT SUBDIVISION PARKING LOT 3B — LOTS 2 AND 3: Lot 2 will have a side Q-_ sewer that will connect to the existing City of Renton Sanitary Sewer Manhole 155 on Garden r` Avenue N. Lot 3 will have a standard City of Renton side sewer connection to the City of Renton's 8" sewer main and Garden Avenue. An alternate or additional sanitary sewer 1N' service to Lot 3 will require the installation of a side sewer into the existing City of Renton sanitary sewer manhole 168 on N. 8th Street. SHORT SUBDIVISION PARKING LOT 3B — LOT 4: Sanitary sewer service to this lot will require a side sewer connection into the existing City of Renton sanitary sewer approximately 70 feet north of Manhole 153. 4. CONCLUSIONS Gravity sanitary sewer service is available to each of the lots in the proposed Short Subdivisions Parking lots 3B and 6. Building sewer service should be available in over 90% of the allow building footprint of each lot. In our opinion, the portions of the lot without c6vcrage are not significant because: The areas not covered are small. It is likely that any restrooms or other uses could be located in a portion of the building that has access. Parking and storm water management issues will reduce the maximum size of the building from that calculated to form the setback requirements alone. Parking and storm .%atcr structures could be located in these areas where the sewer does not reach. If you have any question regarding methodology, routings, or conclusion of this report please feel trrc to contact Harris Group Inc. at (206) 494-9400. t3_ c� Cy r- r-• S. APPENDICES • Site Plan (SK-CI) Rev. A • Alternate Site Plan (SK-C2) Rev. A S McNIS' pt NV LSy��,'s' 0 1 17494 SIGNAL �Nv RSM/meh EXPIRES. ?nai ZpUL 99-10745110745rpt001_R2.doc cc: RSK IT, RGV, File -14- Prepared by: HARRIS GROUP NC. Robert S. cNiesh, P.E. Engineering Manager cas CIV c"r r_ CD C14 es� cv u-a C-3 cam, t— Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton. WA 98055-323, 20011205003126 PAGE 5/ 2001,F,15 1210 CO WA Document Title(s) (or transactions contained therein): 1. Sanitary Sewer Easement — Parcel 36-4 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents) Grantor(s) (Last name first, then first name and initials): 1. The Boeing Company 2. 3. 4. n Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Renton 2. 3. 4. Additional names on page _ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) That Portion of Government Lot 1 in the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M. ® Full legal is on page 8 of document. Assessor's Property Tax Parcel/Account Number Portion of #082305901108 �' SANITARY SEWER EASEMENT CY-1 Parcel 313-4 For and. in consideration of Ten Dollars (V0.00) and other valuable � consideration the receipt of which is hereby acknowledged, THE BOEING r- COMPANY, a Delaware corporation, ("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("the City" herein), for the purposes a hereinafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted in Exhibit A hereto (the "Property"), in King County, Washington. Except as may be otherwise set forth herein the City's rights shall be exercised upon that portion of the Property depicted on Exhibit A and more particularly described in Exhibit B (the "Easement Area"). This easement is granted subject to and conditioned upon the following terms, conditions and covenants which the City hereby promises to faithfully and fully observe and perform. 1. Purpose. The City shall have the right to construct, operate, maintain, repair, replace and enlarge the sewer pipeline together with all necessary or convenient appurtenances therefor. 2. Compliance with Laws and Rules. The City shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the City shall cease all operations and [03003-0160/SA011570.0711 1 6n/O1 notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be hazardous, then the Grantor shall, at its own expense, renfove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with 4 applicable law, or reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for the City to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, the City shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or _ suspected hazardous substances are the result of the acts or omissions of the City, Grantor's characterization of the substances involved and any removal, disposal or �' other handling- costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at the City's expense, and the City shall have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation. 4. The CitYs Use and Activities. The City shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Property as set forth in Paragraph 5 herein. 5. Grantor's Use of the Easement Area and Access by Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the City is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. 6. Indemni . The City agrees to indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), utcluding claims for death or injury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising 103003-0160/SA011570.0711 -2- 6nlo i directly or indirectly from, on account of, or in connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. 7. Notices. Notices required to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: To Grantor: The Boeing Company cl-i c/o Boeing Commercial Airplane Group P.O. Box 3707 - M/S 2R-71 Seattle, WA 98124-2207 Attn: Mr. Rick Ford Phone: (425) 237-2336 With a copy to: Boeing Realty Corporation P.O. Box 3707-M/S 2R-79 Seattle, WA 98124-2207 Attu: Mr. Jeff Adelson Phone: (206) 544-5918 And to: Office of the General Counsel The Boeing Company P.O. Box 3707 - M/S 13-08 Seattle, WA 98124-2207 Phone: (206) 655-2405 To the City: City of Renton Department of Development Services 1055 S. Grady Way Renton, WA 98055 Attn: Property Services Division Phone: (425) 430-7200 Either party may change the address to which notices may be given by giving notice as above provided. 8. Access. The City shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to (03003-0160/SA011570.0711 -3 - 6n/01 exercise its rights hereunder, provided that the City shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 9. Title. The rights granted herein are subject to permits, }eases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to its property and shall not be liable for defects thereto or v, failure thereof. N Cn 10. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. C----) 11. Termination. CNIt Termination for Breach. In the event the City breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving the City written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, within such other period of time as may be reasonable in the circumstances, Grantor may terminate the City's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 11.2 Termination for Abandonment or Lack of Necessity. In the event that the property designated with hatch marks on Exhibit A ("Benefited Property") is developed with at least one building with a finished floor height of sufficient elevation for a side sewer connection as identified in Exhibit C (Sanitary Sewer Availability Report), the City ceases to use said Easement Area for a period of five (5) successive years, or if for any other reason the Easement is not necessary to support development of the Benefited Property, then Grantor may terminate the City's rights under this Agreement. DATED this 1 r0" day of J-u.(Lc , 2001. THE CITY: City of Renton By: sse Tanner Its Mayor GRANTOR: The Boeing Company, a Delaware co By. lip . Cy b Vice Preside 103003-0160/SA011570.071 ] -4- 6!7/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. - County of 4,- E' S j On OG - I FS-O 1 before me, Down Z' Date I �� Narne and Title of Ofricer (e g.-'Jane Doe, ry Pudic') �W cv personally appeared ( i ` Name(s) of Signer(s) `� (� known to me personally O proved to me on the basis of satisfactory evidence o ev to be the persons) whose name(o is/aft F P subscribed to the within instrument and *- acknowledged to me that he/she/they executed P o P. the same in his/hef/theif authorized DAWN E. SHAVER ca acit ( and that b his/her/their py(�' y �? COMM. x 1158725 Cn signature(&) on the instrument the person(&), or rz Notary Public California loacted, the entity upon behalf of which the person(zr ORANGE COUNTY Cn executed the instrument. My Comm. Expires Oct. 14. 2001 hWITNESS my hand and official seal. �k� CIL Q-1"_ Place Notary Seal At>ove Signatufe of Notary PuotK 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: jepl- O Individual Top of thumb here O Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer is Representing: ® 1997 National Notary Association • 9350 De Solo Ave. P.O. Box 2402 • Chatsworth. CA 91313-2402 — g — Prod. No. 5907 Reorder: Call Tolt-Free 14WO-876-6827 STATE OF WASHINGTON ss. COUNTY OF KING On this31J day of 'c .� 2001, before me the undersigned personally Cn appeared Jesse Tanner to me known to be the Mayor of R- THE CITY OF RENTON, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. .- WITNESS my hand and official seal hereto affixed the day and year above written. D. Lp t! p`gsiti'e,t�� �(Mg6lture of Notary) i :0 NOTAF? (Print or stamp name of Notary) ........ WA.. NOTARY PUBLIC in and for the State of Washington, residing at �ec My Appointment Expires: 103003-0160/SA011570.071 1 -6- 6nlo i A ST N82"E 8.07' q`S�,`fl sx / 57' a 715. SBOO � 5'II"W / 63' / R=515.62 L=300.06' Delta=33°20'33" �S79°32'58"E 12.00' R=527.62 PROPOSED LOT 4 L=87.53 120,309 sq.ft. 40' Delta=09'30'20" 2.762 acres 1 5.00' S89°03'18"E 1 m 1 6. ' N89°1 EXHIBIT MAP EASEMENT PARCEL 3B-4 PUBLIC SANITARY SEWER SYSTEM G.Lj NWV4, SEC. 8, TMK RSE, W.M. Duane �E i S80°1 II"W 34.N7' \ TPOB \ \ �^ \O o \\ \ t1 M O Z co \ \ N \ SCALE I "= 100' \ NOO°29-31 "E, 427.34— N. 8TH ST. 513.88 LEGEND STREET MONUMENT IN CASE • SS MANHOLE PROPERTY LINE ® EASEMENT 11 EASEMENT PARCEL 313-4 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 3B RENTON, WA A 15 FOOT WIDE STRIP OF LAND IN GOVERNMENT LOT 1, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., KING COUNTY, WASHINGTON, SAID STRIP OF LAND BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF NORTH 8TH STREET AND GARDEN AVENUE NORTH; THENCE NORTH 000 29' 31" EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE NORTH, 427.34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT -OF- WAY CENTERLINE POINT OF INTERSECTION; THENCE NORTH 180 00' 30" WEST ALONG THE TANGENT AND CENTERLINE THEREOF, 1414.93 FEET; THENCE AT A RIGHT ANGLE TO SAID CENTERLINE SOUTH 710 59' 30" WEST, 41.70 FEET TO THE WESTERLY MARGIN OF GARDEN AVENUE NORTH; THENCE SOUTH 800 15, 11" WEST, 34.17 FEET TO A POINT ON THE EAST LINE OF PROPOSED PARCEL 2 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 800 15' 11" WEST, 15.63 FEET TO THE TERMINUS OF SAID CENTERLINE; THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO TERMINATE ON THE BOUNDARIES OF PARCEL HEREIN DESCRIBED. (A PORTION OF BOEING'S PARKING LOT 3B) CONTAINING 235 SQUARE FEET, MORE OR LESS. Duane Hartman & Associates, Inc. Job No.: 00-146 May 24, 2001 Revised: November 19, 2001 EXHIBIT C [Sanitary Sewer Availability Report] C_> c:a CIV P- 103003-0160/SA011570.0691 .79- 6n/o 1 REPORT NO. 00-10754/001 SHORT SUBDIVISION PARKING LOTS 3B AND 6 SANITARY SEWER AVAILABILITY STUDY PROJECT NO. 00-10754 BOEING REALITY CORPO2ATION ANITARY SEWER AVAILABILITY SEATTLE, WASEIINGTON CIN DATE: JULY 26,200 REVISION 1: AUGUST 18, 2000 Cn REVISION 2: MAY 7, 2001 0 `1' 1. SUMMARY �— Boeing Realty Corp is considering subdividing Parking Lots 313 and 6. These are the two blocks bordering Garden Avenue on the west and east sides, respectively between N. Park and N. Eighth Street. Lot 6, to the east of Garden extends east to the rail tracks. This sewer availability study was performed by the Harris Group Inc. to determine the area of each new short subdivision lot that can be served by gravity sanitary sewer. Each lot must be served by the existing City of Renton sanitary sewer main systems on N Eighth Street and Garden Avenue North. The design criteria used to determine if gravity sanitary sewer was available to each new lot was as follows: Any private main or side sewer outside of the possible building envelope was sloped at 0.5%. Maintaining this slope requires that those lines be a minimum of eight inches in diameter. Sanitary sewer under the building footprint were sloped at 1.0% per the Uniform Plumbing Code Section 708.0 Grade of Horizontal Drainage Piping. Section 708.0 allows a 1% slope when approved by the Administrative Authority. For purposes of this study, the possible building footprint area served by the sewer was conservatively calculated by assuming the transition from 0.5% slope to 1.0% occurs at the setback line. In reality, the actual building footprint will probably be further back than the setback line because of parking requirements and storm water management issues. Finish floor (FF) elevation was determined for each lot based on site grades or as required to provide under building sanitary sewer coverage. The highest allowable under building footprint sanitary sewer grade elevation was set at 1'-6" (invert to top of finished floor) below the determined finish floor elevation to allow for finished plumbing turndowns and bends. Based on the design criteria above each new short subdivision lot has over 90 percent of its allowable building footprint area available to gravity sewer service to a portion of the existing City of Renton sanitary sewer system Cn C1_j r— M v cf7 C:-,) N F- DESCRIPTION OF FACILITY The following table provides a break down of the preliminary sewer design results for each new short subdivision lot. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect tp the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) INIAXIMUAI LENGTH OF SAN PIPE UNDER BLDG AT 1.0%SLOPE FEE CITY SANITARY MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 20.35 615 153 PUBLIC SEWER MAIN LOT 6 2 30 12.35 615 153 PUBLIC SEWER MAIN LOT 6 3 32 24 9 560 153 PUBLIC SEWER MAIN LOT 6 4 32 24.7 580 NEW MH E. OF 61 SIDE SEWER LOT3B 1 27 17.6 790 153 PUBLIC SEWER MAIN LOT 3B 2 27.5 20.8 520 155 PUBLIC SEWER MAIN LOT 3© 3 302 12 68 600 155 PUBLIC SEWER MAIN LOT 3B 3,411 29.5 23 2 480 168 SIDE SEWER LOT 3B 4 27 1785 760 133 PUBLICSEWER MAIN The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOTS 1 2 AND 3: Sanitary sewer service to these three lots is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing eight -inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka with the City of Renton it was determined that it would be feasible to route the sanitary sewer for these lots through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.4 feet in elevation or 3.8 feet above the invert of the 72-inch pipe. The attached drawing shows this concept. Once the public sanitary sewer main is on the east side of the 72-inch storm sewer a manhole will be placed to serve Lot I and provide extension of the public sewer system to Lots 2 and 3 at a slope of 0.5%. SHORT SUBDIVISION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a manhole be installed on the existing 20" City of Renton sanitary sewer main on North 81h Street approximately 80 feet east of city Sanitary Manhole 61. -11- 0 C11, I' -- 0 3 SHORT SUBDIVISION PARKING LOT 313 — LOT 1: This lot will require a public sanitary sewer main system extending from the existing City of Renton _Sanitary Sewer Manhole 153 on Garden Ave. N. The existing 12-inch City of Renton high-pressure water main may need to be routed under the new sewer if a conflict is encountered. SHORT SUBDIVISION PARKING LOT 313 — LOTS 2 AND 3: These two lots will have a public sanitary sewer main system that will connect to the existing City of Renton sanitary sewer manhole 155 on Garden Ave. N. Outside of the building footprints of these two lots a sanitary manhole will be provide to convey the flow from each respective lot. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton Sanitary Sewer Manhole 168 on N. Eighth Street. SHORT SUBDIVISION PARKING LOT 3B — LOT 4: This lot will require a public sanitary sewer main extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Avenue No. This public sewer also serves Lot 1. ALTERNATE SEWER PLAN The following table provides a break down of the altemate preliminary sewer plan for each new short subdivision lot that allows each lot to be provided sanitary sewer service by a side sewer. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect to the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) MAXIMUM LENGTH OF SAN PIPE UNDER BLDG AT 1.0% SLOPE FEE CITY SANITARY MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 21 550 153 SIDE SEWER LOT 6 2 31.7 24 615 PiPE SIDE SEWER LOT6 3 32 24.9 560 156 SIDESEWER LOT 6 4 32 24.7 580 PIPE SIDE SEWER LOT 3B 1 27 17.6 790 153 SIDE SEWER LOT 3B 2 27.5 20.8 520 155 SIDE SEWER LOT 3B 3 30.75 23.25 600 PIPE SIDE SEWER LOT 3B 3 Al! 29.5 23.5 480 169 SIDE SEWERS LOT 3B 4 27 17.17 830 PIPE SIDE SEWER The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 —LOT I: Sanitary sewer service to this lot is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing 8-inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka, with the City of Renton, it was determined that it would be feasible to route the sanitary sewer for this lot through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the - 12— sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.8 feet in elevation or 4.2 feet above the invert of the 72-inch pipe. The attached drawing shows this concept. • SHORT SUBDIVISION PARKING LOT 6 — LOTS 2 & 3: Lot 2 will require the placement of side sewers over the top of the 72-inch and 48-inch storm drain lines. The side cn sewer will drop into the existing eight -inch City of Renton per the City of Renton typical `'r' detail side sewer. iser detail. Lot 3 side sewer will also go over the 72-inch and 48-inch storm Cr3 drain lines, and then will enter into the City Sanitary Manhole 158. C=, C- LJ-, 0 SHORT SUBDIVISION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a side sewer connection be installed on the existing 20-inch City of Renton sanitary C=3 sewer main on N. Eighth Street approximately 80 feet cast of City Sanitary Manhole 61. cv • SHORT SUBDIVISION PARKING LOT 3B — LOT 1: This lot will require the placement 0 of a side sewer into existing City of Renton sanitary sewer manhole 153 on Garden Ave. N. cv The existing 12-inch City of Renton high-pressure water main may need to be routed under the new side sewer if a conflict is encountered. • SHORT SUBDIVISION PARKING LOT 313 — LOTS 2 AND 3: Lot 2 will have a side sewer that will connect to the existing City of Renton Sanitary Sewer Manhole 155 on Garden Avenue N. Lot 3 will have a standard City of Renton side sewer connection to the City of Renton's 8" sewer main and Garden Avenue. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton sanitary sewer manhole 168 on N. 81h Street. SHORT SUBDIVISION PARKING LOT 3B — LOT 4: Sanitary sewer service to this lot will require a side sewer connection into the existing City of Renton sanitary sewer approximately 70 feet north of Manhole 153. CONCLUSIONS Gravity sanitary sewer service is available to each of the lots in the proposed Short Subdivisions Parking lots 313 and 6. Building sewer service should be available in over 90% of the allow building footprint of each lot. In our opinion, the portions of the lot without c6verage are not significant because: The areas not covered are small. It is likely that any restrooms or other uses could be located in a portion of the building that has access. Parking and storm water management issues will reduce the maximum size of the building from that calculated to form the setback requirements alone. Parking and storm -^ alct structures could be located in these areas where the sewer does not reach. If you have any question regarding methodology, routings, or conclusion of this report please feel ircr to contact Harris Group Inc. at (206) 494-9400. -is- 5. APPENDICES • Site Plan (SK-Cl) Rev. A • Alternate Site Plan (SK-C2) Rev. A McNI�, �+ `e o N r y m 1 C- 17494 4. S/QNAL ENv RSM/meh EXPIRES:7nai ZpUL z�. 99-10745\ 10745rpt001 _R2.doc t"J cc: RSK IT, RGV, File -14 Prepared by: HAMS CROUP NC. Robert S. cNiesh, P.E. Engineering Manager 0 N r'- a 0 N 200111110115003129 jj,G1j"01j1:j0:11.. Return Address: City Clerk's Office My of Renton 1055 South Crody Woy Renton, WA 98055 Document Title(s) (or transactions contained therein): ',d 1. Sanitary Sewer Easement — Parcel 3B-3 2. 3. Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. The Boeing Company 2. 3. 4. n Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Renton 2. 3. 4. n Additional names on page _ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) That Portion of the Southeast Quarter of the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M. D Full legal is on page 8of document. Assessor's Property Tax Parcel/Account Number Portion of #082305901108 103003-0160/S AO 11570.0691 6/14/01 SANITARY SEWER EASEMENT Parcel 313-3 For and in consideration of Ten Dollars ($10.00) and other valuable consideration the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("the City" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted in Exhibit A hereto (the "Property"), in King County, Washington. Except as may be otherwise set forth herein the City's rights shall be exercised upon that portion of the Property depicted on Exhibit A and more particularly described in Exhibit B (the "Easement Area"). This easement is granted subject to and conditioned upon the following terms, conditions and covenants which the City hereby promises to faithfully and fully observe and perform. 1. Purpose. The City shall have the right to construct, operate, maintain, repair, replace and enlarge the sewer pipeline together with all necessary or convenient appurtenances therefor. 2. Compliance with Laws and Rules. The City shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the City shall cease all operations and 100000-0000'SB003735 5441 + 10 25100 notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. if the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose, -or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for the City to use in its operation, if necessary. Should the , encountered or suspected material prove not to be hazardous, the City shall proceed with the operations ar its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or _ suspected hazardous substances are the result of the acts or omissions of the City, Grantor's characterization of the substances involved and any removal, disposal or C-, other handling costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at the City's expense, and the City shall have no `-7 recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation. CV r- 4. The City's Use and Activities. The City shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Property as set forth in Paragraph 5 herein 5. Grantor's Use of the Easement Area and Access by Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the City is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. 6. Indemnity. The City agrees to indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for death or injury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising (00000-0000/S[1001735 5441 -2- 1025'00 T- directly or indirectly from, on account of, or in connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. 7. Notices. Notices required to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows. - To Grantor- The Boeing Company c/o Boeing Commercial Airplane Group P.O. Box 3707 - M/S 2R-71 Seattle, WA 98124-2207 Attn: Mr. Rick Ford Phone- (425) 237-2336 With a copy to: Boeing Realty Corporation P.O. Box 3707-M/S 2R-79 Seattle, WA 98124-2207 Attn: Mr. Jeff Adelson Phone- (206) 544-5918 And to: Office of the General Counsel The Boeing Company P.O. Box 3707 - M/S 13-08 Seattle, WA 98124-2207 Phone- (206) 655-2405 To the City- City of Renton Department of Development Services 1055 S. Grady Way Renton, WA 98055 Attn: Property Services Division Phone: (425) 430-7200 Either party may change the address to which notices may be given by giving notice as above provided. 8. Access. The City shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to 100000-0000/SB003735 5441 -3- 10 2500 exercise its rights hereunder, provided that the City shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 9. Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 10. Successors and Assigns. The rights and obligations of the parties shall C-n inure to the benefit of and be binding upon their respective successors and assigns. Termination. CD 11.1 Termination for Breach. In the event the City breaches or fails to a perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving the City written notice _ thereof, or, if not reasonably capable of being cured within such ninety (90) days, �► within such other period of time as may be reasonable in the circumstances, Grantor may terminate the City's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 11.2 Termination for Abandonment or Lack of Necessity. In the event that the property designated with hatch marks on Exhibit A ("Benefited Property") is developed with at least one building with a finished floor height of sufficient elevation for a side sewer connection as identified in Exhibit C (Sanitary Sewer Availability Report), the City ceases to use said Easement Area for a period of five (5) successive years, or if for any other reason the Easement is not necessary to support development of the Benefited Property, then Grantor may terminate the City's rights under this Agreement. DATED this \`..-. day of V� 2000. THE CITY: City of Renton GRANTOR: w Q By: B sse Tanner Its Mayor g Company, a Delaware Philijf W. Cy drt Vic Preside t (00000-0000: S 1100373 5. 5441 -4 - 10 2 5- 00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fcY�Y�Yc��Y 4Yc�c� cSG�ca t 4� G�G<CcG� t�4YG�cC�c��cY'c�... .. hi r t � State of California P ss. P.,County of LU ,, A) g e l P 5 n On /JOVelylbe,_ �UL Ct, before me, ( �L'Y1 L • ��1C1 � I' NC �it < ( l [l ���1 c ' Date Name and Title of Officer (e g.. "Jane Doe. Nqary Pudic") / f^ 1 personally appeared f /f LL) ' 6 UC L i , Name(s) of Sgner(s) personally known to me O proved to me on the basis of satisfactory evidence to be the person(( whose names) is1we cr,> subscribed to the within instrument and =� n acknowledged to me that he/she/fhey executed ,r �ti the same in his/her/f#e+r authorized r� �S t OAWN E. SHAVER capacity(ieg), and that by his/her/t+teir QMy COMM. p 1158725 signature(s•) on the instrument the personH, otary OfNPublic - California� the entity upon behalf of which the person(ej ORANGE COUNTYh Comm. Expires Oct 14, 2001 J acted, executed the instrument. 4 ; WITNESS my hand and official seal. ;5 C n C r, rPlace Notary Seal Above +++--���---- Signature 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: U Individual CJ Corporate Officer = Title(s): O Partner — O Limited ❑ General LU Attorney in Fact J Trustee l i Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here r� c c�ccc irc�irc�ccti�ccir�;�rtcc<ic�c�>crr<,ccr:cCr�rtir r,,•.-..c�c��crcr.�ccrccc<ccc>cilicc>ci�r fJ 1997 Nal.onal Notary Association • 9350 De Solo Ave PO Box 2402 • Chatsworth. CA 9013 2402 � S � Prod No 5907 Reorder Can Toll Free v800 876-6827 m C=7 r^� a c., STATE OF WASHINGTON ) ss. COUNTY OF KING ) SIP 4v On this day of 2001 before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTON, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. 100000-0000%S[3003735 5441 (Sig lure of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: I on 10 25 00 2001 120 50U3129 m a m 4D. q �~ ►7 N O-p O o T r N �' t N m N � W m v m c �L �d %o rrn rn ��, v DG -0 p co Y m m Z A •'" O G N r*t m 6 m r r Z y R• m CIA ro r0 a m N 00 ? V) co N O O 0 80 CP -S Np O W OGI p O Op O 'O �� C`L, cl N O N WERj O 07 �I 6 W �; z m y o0 o z g N qo 00 W -� m 9559� N •��d ONE IN AT FULL SCALE, IF NOT ONE INCH SCALE ACCORDINGLY iN II n $� z 0 EASEMENT PARCEL 313-3 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 3B RENTON, WA THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF Cn NORTH 8TH STREET AND GARDEN AVENUE NORTH; THENCE NORTH 000 29' 31" _ EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE NORTH, 427.34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- WAY CENTERLINE POINT OF INTERSECTION; THENCE NORTH 180 00' 30" WEST ALONG THE TANGENT AND CENTERLINE THEREOF, 378.29 FEET; THENCE AT A RIGHT ANGLE TO SAID CENTERLINE SOUTH 710 59' 30" WEST, 30.00 FEET TO THE WESTERLY MARGIN OF GARDEN AVENUE NORTH AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 180 00' 30" EAST ALONG SAID WESTERLY MARGIN OF GARDEN AVENUE NORTH, 31.79 FEET; THENCE SOUTH 710 59' 30" WEST, 15.00 FEET; THENCE NORTH 180 00' 30" WEST, 26.68 FEET; THENCE SOUTH 890 10' 26" EAST 15.85 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 438 SQUARE FEET, MORE OR LESS. Duane Hartman & Associates, Inc. Job No.: 00-146 June 27, 2001 r- m C�, c3 cv EXHIBIT C [Sanitary Sewer Availability Report] 103003-0160/SA011370.0691 -9- 6n/O 1 REPORT NO. 00-10754/001 SHORT SUBDIVISION PARKING LOTS 3B AND 6 SANITARY SEWER AVAILABILITY STUDY PROJECT NO. 00-10754 SANITARY SEWER AVAILABILITY BOEING REALITY CORPOhATION SEATTLE, WASHINGTON DATE: JULY 26, 2000 REVISION 1: AUGUST 18, 2000 REVISION 2: MAY 7, 2001 cn 1. SUMMARY cv CV-3 Boeing Realty Corp is considering subdividing Parking Lots 3B and 6. These are the two blocks bordering Garden Avenue on the west and east sides, respectively between N. Park and N. Eighth Street. Lot 6, to the east of Garden extends east to the rail tracks. This sewer availability study was performed by the Harris Group Inc. to determine the area of each new short subdivision lot that can C=' be served by gravity sanitary sewer. Each lot must be served by the existing City of Renton sanitary N -- sewer main systems on N Eighth Street and Garden Avenue North. The design criteria used to determine if gravity sanitary sewer was available to each new lot was as =' follows: v Any private main or side sewer outside of the possible building envelope was sloped at 0.5%. Maintaining this slope requires that those lines be a minimum of eight inches in diameter. Sanitary sewer under the building footprint were sloped at 1.0% per the Uniform Plumbing Code Section 708.0 Grade of Horizontal Drainage Piping. Section 708.0 allows a 1% slope when approved by the Administrative Authority. For purposes of this study, the possible building footprint area served by the sewer was conservatively calculated by assuming the transition from 0.5% slope to 1.0% occurs at the setback line. In reality, the actual building footprint will probably be further back than the setback line because of parking requirements and storm water management issues. Finish floor (FF) elevation was determined for each lot based on site grades or as required to provide under building sanitary sewer coverage. The highest allowable under building footprint sanitary sewer grade elevation was set at 1'-6- (invert to top of finished floor) below the determined finish floor elevation to allow for finished plumbing turndowns and bends. Based on the design criteria above each new short subdivision lot has over 90 percent of its allowable building footprint area available to gravity sewer service to a portion of the existing City of Renton sanitary sewer system -1a►- c_" cv CT3 C--r c-D L" 0 Cv s-- DESCRIPTION OF FACILITY The following table provides a break down of the preliminary sewer design results for each new short subdivision lot. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect tp the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) MAXIMUM LENGTH OF SAN PIPE UNDER BLDG AT 1.0%SLOPE FEE CITY SANITARY MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 2035 615 153 PUBLIC SEWER MAIN LOT 6 2 30 22.35 615 153 PUBLIC SEWER MAIN LOT 6 3 32 24.9 560 153 PUBLIC SEWER MAIN LOT 6 4 32 24.7 580 NEW MH E. OF 61 SIDE SEWER LOT 3B 1 27 176 790 153 PUBLICSEWERMAIN LOT 3B 1 27.5 20.8 520 155 PUBLIC SEWER MAIN LOT 3B 3 30.2 22 68 600 155 PUBLIC SEWER MAIN LOT 3B 3 Alt 29.5 23 2 480 168 SIDE SEWER LOT 3B 4 27 1785 760 133 PUBLJCSEWER MAIN The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOTS i 2 AND 3: Sanitary sewer service to these three lots is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing eight -inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka with the City of Renton it was determined that it would be feasible to route the sanitary sewer for these lots through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.4 feet in elevation or 3.8 feet above the invert of the 72-inch pipe. The attached drawing shows this concept. Once the public sanitary sewer main is on the east side of the 72-inch storm sewer a manhole will be placed to serve Lot I and provide extension of the public sewer system to Lots 2 and 3 at a slope of 0.5%. SHORT SUBDMSION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a manhole be installed on the existing 20" City of Renton sanitary sewer main on North 81h Street approximately 80 feet east of city Sanitary Manhole 61. -It_ cn . cv c+3l c=) c=:1 3 cv r- SHORT SUBDIVISION PARKING LOT 3B — LOT 1: This lot will require a public sanitary sewer main system extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Ave. N. The existing 12-inch City of Renton high-pressure water main may need to be routed under the new sewer if a conflict is encountered. SHORT SUBDIVISION PARKING LOT 3B — LOTS 2 AND 3: These two lots will have a public sanitary sewer main system that will connect to the existing City of Renton sanitary sewer manhole 155 on Garden Ave. N. Outside of the building footprints of these two lots a sanitary manhole will be provide to convey the flow from each respective lot. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton Sanitary Sewer Manhole 168 on N. Eighth Street. SHORT SUBDIVISION PARKING LOT 3B — LOT 4: This lot will require a public sanitary sewer main extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Avenue No. This public sewer also serves Lot]. ALTERNATE SEWER PLAN The following table provides a break down of the alternate preliminary sewer plan for each new short subdivision lot that allows each lot to be provided sanitary sewer service by a side sewer. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect to the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) MAXIMUM LENGTH OF SAN PIPE UNDER BLDG AT 1.0% SLOPE (FEET) CITYSANITARY :MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 21 550 153 SIDE SEWER LOT 6 2 31.7 24 615 PIPE SIDE SEWER LOT 6 3 32 24.9 560 156 SIDE SEWER LOT 6 4 32 24.7 580 PEPE SIDE SEWER LOT 3B 1 27 17.6 790 153 SIDE SEWER LOT 38 2 27.5 20.8 520 155 SIDE SEWER LOT 3B 3 30.75 23.25 600 PIPE SIDE SEWER LOT 3B 3 Aft 29.5 23.5 480 169 SIDE SEWERS LOT 38 4 27 17.17 830 PiPE SIDE SEWER The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOT 1: Sanitary sewer service to this lot is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing 8-inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka, with the City of Renton, it was determined that it would be feasible to route the sanitary sewer for this lot through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the - Is- sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.8 feet in elevation or 4.2 feer above the invert of the 72-inch pipe. The attached drawing shows this concept. • SHORT SUBDIVISION PARKING LOT 6 — LOTS 2 & 3: Lot 2 will require the placement of side sewers over the top of the 72-inch and 48-inch storm drain lines. The side It sewer will drop into the existing eight -inch City of Renton per the City of Renton typical detail side sewer -riser detail. Lot 3 side sewer will also go over the 72-inch and 48-inch storm drain lines, and then will enter into the City Sanitary Manhole 158. • SHORT SUBDIVISION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a side sewer connection be installed on the existing 20-inch City of Renton sanitary cv sewer main on N. Eighth Street approximately 80 feet east of City Sanitary Manhole 61. cn r� • SHORT SUBDIVISION PARING LOT 3B — LOT I: This lot will require the placement of a side sewer into existing City of Renton sanitary sewer manhole 153 on Garden Ave. N. The existing 12-inch City of Renton high-pressure water main may need to be routed under the o new side sewer if a conflict is encountered. Cj r SHORT SUBDIVISION PARKING LOT 3B — LOTS 2 AND 3: Lot 2 will have a side sewer that will connect to the existing City of Renton Sanitary Sewer Manhole 155 on Garden ca Avenue N. Lot 3 will have a standard City of Renton side sewer connection to the City of `v Renton's 8" sewer main and Garden Avenue. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton sanitary sewer manhole 168 on N. 81h Street. _ • SHORT SUBDIVISION PARKING LOT 3B — LOT 4: Sanitary sewer service to this lot will require a side sewer connection into the existing City of Renton sanitary sewer approximately 70 feet north of Manhole 153. 4. CONCLUSIONS Gravity sanitary sewer service is available to each of the lots in the proposed Short Subdivisions Parking lots 3B and 6. Building sewer service should be available in over 90% of the allow building footprint of each lot. In our opinion, the portions of the lot without c6verage are not significant because: The areas not covered are small. It is likely that any restroorns or other uses could be located in a portion of the building that has access. Parking and storm water management issues will reduce the maximum size of the building from that calculated to form the setback requirements alone. Parking and storm Aatcr structures could be located in these areas where the sewer does not reach. If you have any question regarding methodology, routings, or conclusion of this report please feel tier to contact Hams Group Inc. at (206) 494-9400. 13_ 4► C." n, m cv r� CV 5. APPENDICES • Site Plan (SK-Cl) Rev. A • Alternate Site Plan (SK-C2) Rev. A S McNvAuz Nf O 17494 4 "ONAL RSM/mch EXWPES:7/1N ZCOZ 99-10745\10745rpt001_R2.doc cc: RSK IT, RGV, File —�4 Prepared by: HARRIS GROUP NC. l Robert S. cNiesh, P.E. Engineering Manager w C� cY-s cn c_ 0 c�v 0 0 Return Ad&ess- City Clerk's Office City of Renton 1055 South Crody Woy Renton, WA 98055 20011205003130 KING COUNTY, WA Document Title(s) (or transactions contained therein): "d 1. Sanitary Sewer Easement — Parcel 3B-2 2. 3. Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. The Boeing Company 2. 3. 4. Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Renton 2. 3. 4. Additional names on page _ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) That Portion of the Southeast Quarter of the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M. M Full legal is on page 8of document. Assessor's Property Tax Parcel/Account Number Portion of #082305901108 (03003-0160/S A011570.0691 6/ 14/01 cY-s o CD "' SANITARY SEWER EASEMENT Parcel 313-2 r- For and in consideration of Ten Dollars ($10.00) and other valuable consideration the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("the City" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted in Exhibit A hereto (the "Property"), in King County, Washington. Except as may be otherwise set forth herein the City's rights shall be exercised upon that portion of the Property depicted on Exhibit A and more particularly _ described in Exhibit B (the "Easement Area"). This easement is granted subject to and conditioned upon the following terms, conditions and covenants which the City hereby promises to faithfully and fully observe and perform. 1. Purpose. The City shall have the right to construct, operate, maintain, repair, replace and enlarge the sewer pipeline together with all necessary or convenient appurtenances therefor. 2. Compliance with Laws and Rules. The City shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the City shall cease all operations and 100000-OOOO/S B00373 5.54 31 -' - 10125%00 notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose,,or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for the City to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, the City shall proceed with the operations at -its own cost, with no recourse against the Grantor for the cost of CWn schedule delays incurred due to the delay in operation. If the encountered or �' suspected hazardous substances are the result of the acts or omissions of the City, iS7 Grantor's characterization of the substances involved and any removal, disposal or a other handling costs incurred in connection with the removal, disposal or handling of N_ the hazardous substances will be at the City's expense, and the City shall have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation. a N 4. The City's Use and Activities. The City shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Property as set forth in Paragraph 5 herein. 5. Grantor's Use of the Easement Area and Access .by Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the City is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. 6. Indemnity. The City agrees to indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for death or injury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising 100000-0000/SB003735.5431 -2- 10/25/00 directly or indirectly from, on account of, or in connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. - 7. Notices. Notices required to be in writing under this Agreement shall be Cn personally served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was CV-3 deposited in the U.S. mail addressed as follows- To Grantor: The Boeing Company d c/o Boeing Commercial Airplane Group P.O. Box 3707 - M/S 2R-71 r Seattle, WA 98124-2207 Attn- Mr. Rick Ford Phone: (425) 237-2336 With a copy to: Boeing Realty Corporation P.O. Box 3707-M/S 2R-79 Seattle, WA 98124-2207 Attn: Mr. Jeff Adelson Phone: (206) 544-5918 And to: Office of the General Counsel The Boeing Company P.O. Box 3707 - M/S 13-08 Seattle, WA 98124-2207 Phone: (206) 655-2405 To the City: City of Renton Department of Development Services 1055 S. Grady Way Renton, WA 98055 Attn: Property Services Division Phone: (425) 430-7200 Either party may change the address to which notices may be given by giving notice as above provided. 8. Access. The City shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to 100000-OOOO/s B00373 5.5431 -3 - 10/2 5/00 a exercise its rights hereunder, provided that the City shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 9. Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 10. Successors and Assign . The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 11. Termination. a 11.1 Termination for Breach. In the event the City breaches or fails to r perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving the City written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, within such other period of time as may be reasonable in the circumstances, Grantor may terminate the City's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 11.2 Termination for Abandonment or Lack of Necessity. In the event that the property designated with hatch marks on Exhibit A ("Benefited Property") is developed with at least one building with a finished floor height of sufficient elevation for a side sewer connection as identified in Exhibit C (Sanitary Sewer Availability Report), the City ceases to use said Easement Area for a period of five (5) successive years, or if for any other reason the Easement is not necessary to support development of the Benefited Property, then Grantor may terminate the City's rights under this Agreement. DATED this day of \\� ,,_� �L� , 2000. THE CITY: City of Renton B. y esse Tanner Its Mayor GRANTOR: The Boeing Company, a Delaware co By- Vi Cybu ic Presiderle 100000-0000/S 1300373 5.5 431 -4 - 10! 2 5 /00 c7 cyll Cn :r7 c� N r— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los On e leS ss. On Aloyembee- it ; ,-12CC0, before me, [)at k E.yIgoyer - I'lp Pubb e. Dale n /, , Na7"`� and TNe of Officer to 9., 'Jane Doe. Nota Pudic) ' personally appeared r ht IIp �/ • �h 7" r Name(s) of Sioner(s) _ OAWN E. SHAVER COMM. N 1158725 U) t10� Notary Public - California X ORANGE COUNTY 07 y COMM- EXPlrso Oct. 14, 2001 Ipersonally known to me El proved to me on the basis of satisfactory evidence to be the person( whose name(e) isla-re subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/herfthetr- authorized capacity(ies), and that by his/bertthutr signature() on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLu.1X C - ski c en - Place Notary Seal Above Signature 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual 7�7 O Corporate Officer — Title(s): (] Partner — El Limited O General O Attorney in Fact O Trustee O Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Solo Ave.. P 0 Box 2402 . Chatsworth, CA 91313-2402 —5— Prod No 5907 Reorder Call Toll -Free 1 -800-876-6827 0 rr r- STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this �4 day of ,,4,2000, before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTON, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official sea] hereto affixed the day and year above written. eA Of J ��Fto'o i g: o NOTE y 9 : ca A ' UEUC ���cs�-yj�• g 9-05 .� (00000-0000/Si300373 5.5431 (Sig ature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and fo Ahe State of Washington, residing at 'ct My Appointment Expires: C1 902 10'2 5100 No I L7 c» cr3 c.� 0 L" N r J • • . • / %/ PROPOSED I% PARCEL 3B-2 I 1 �I PARKING 1 i i ral �I /�La • zo L Wo- S • �� •. ., 11 II :• I • PROPOSED PARCEL 3B-2 15.85' 4.� PROPOSED I �1 LE-CEM• S MONUMENTSTREET SS MANHOLE PROPERTY LINE EASEMENT PARCEL OF • TO ACCOMPANY•' PUBLIC SAIVARY SEWER SYSTEM 23 1 PREPARED BY. DUANE HARTMAN do ASSOCIATES NOO'29'31'E, 427.34' N. 8TH ST. S71'59'30"W — 30.00' 01/11/01 A 14 EASEMENT PARCEL 313-2 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 3B RENTON, WA THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF c-� NORTH 8TH STREET AND GARDEN AVENUE NORTH; THENCE NORTH 000 29' 31" Or,: --� EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE NORTH, 427.34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- WAY CENTERLINE POINT OF INTERSECTION; THENCE NORTH 180 00' 30" WEST ;z ALONG THE TANGENT AND CENTERLINE THEREOF, 378.29 FEET; THENCE AT A c"" RIGHT ANGLE TO SAID CENTERLINE SOUTH 710 59' 30" WEST, 30.00 FEET TO THE WESTERLY MARGIN OF GARDEN AVENUE NORTH AND THE TRUE POINT OF BEGINNING; THENCE NORTH 890 10' 26" WEST, 15.85 FEET; THENCE NORTH 180 00' 30" WEST, 379.10 FEET; THENCE SOUTH 890 10' 26" EAST 15.85 FEET; THENCE SOUTH 180 00' 30" EAST ALONG SAID WESTERLY MARGIN OF GARDEN AVENUE NORTH, 379.10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5,686 SQUARE FEET, MORE OR LESS. Duane Hartman & Associates, Inc. Job No.: 00-146 November 27, 2000 Revised June 27, 2001 C- I C" r- c*,> CD L" c., r- EXHIBIT C (Sanitary Sewer Availability Report) _ 103003-0160/SA011570.069) -9- 6n/01 4A C7 C" r_ C" 0 cv r- REPORT NO. 00-10754/001 SHORT SUBDIVISION PARKING LOTS 3B AND 6 SANITARY SEWER AVAILABILITY STUDY PROJECT NO. 00-10754 SANITARY SEWER AVAILABILITY SUMMARY BOEING REALITY CORPOY2ATION SEATTLE, WASHINGTON DATE: JULY 26, 2000 REVISION 1: AUGUST 18, 2000 REVISION 2: MAY 7, 2001 Boeing Realty Corp is considering subdividing Parking Lots 313 and 6. These are the two blocks bordering Garden Avenue on the west and east sides, respectively between N. Park and N. Eighth Street. Lot 6, to the east of Garden extends east to the rail tracks. This sewer availability study was performed by the Harris Group Inc. to determine the area of each new short subdivision lot that can be served by gravity sanitary sewer. Each lot must be served by the existing City of Renton sanitary sewer main systems on N Eighth Street and Garden Avenue North. The design criteria used to determine if gravity sanitary sewer was available to each new lot was as follows: Any private main or side sewer outside of the possible building envelope was sloped at 0.5%. Maintaining this slope requires that those lines be a minimum of eight inches in diameter. Sanitary sewer under the building footprint were sloped at 1.0% per the Uniform Plumbing Code Section 708.0 Grade of Horizontal Drainage Piping. Section 708.0 allows a 1% slope when approved by the Administrative Authority. For purposes of this study, the possible building footprint area served by the sewer was conservatively calculated by assuming the transition from 0.5% slope to 1.0% occurs at the setback line. In reality, the actual building footprint will probably be further back than the setback line because of parking requirements and storm water management issues. Finish floor (FF) elevation was determined for each lot based on site grades or as required to provide under building sanitary sewer coverage. The highest allowable under building footprint sanitary sewer grade elevation was set at l'-6- (invert to top of finished floor) below the determined finish floor elevation to allow for finished plumbing turndowns and bends. Based on the design criteria above each new short subdivision lot has over 90 percent of its allowable building footprint area available to gravity sewer service to a portion of the existing City of Renton sanitary sewer system —1140- DESCRIPTION OF FACILITY The following table provides a break down of the preliminary sewer design results for each new short subdivision lot. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect tp the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) GRADE ATGTH SANITARYLATI.0% SETBACKN (FEET) XIINIUM OF PIPE UNDER BLDG SLOPE EE CITY SANITARY MANHOLE WHICH THE LOT CONNECTSTO HOW IS CONNECTION MADE LOT 6 1 28 2035 615 153 PUBLIC SEWER MAIN LOT 6 2 30 22.35 615 153 PUBLIC SEWER MAIN LOT 6 3 32 24.9 560 153 PUBLIC SEWER MAIN LOT 6 4 32 24.7 580 NEW MH E. OF 61 SIDE SEWER LOT 3B I 27 176 790 153 PUBLICSEWERMA/N LOT 38 2 27.5 208 520 155 PUBLIC SEWER MAIN LOT 313 3 30.2 22 68 600 155 PUBLIC SEWER MAIN LOT 313 3 All 29.5 23 2 480 168 SIDE SEWER ' LOT 3B a 17 1783 760 153 PUBLLCSEWER MAIN The following is a short description of how each lot or a group of lots will be gravity drained to the rwr existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOTS 12 AND 3: Sanitary sewer service to these three lots is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing eight -inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka with the City of Renton it was determined that it would be feasible to route the sanitary sewer for these lots through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.4 feet in elevation or 3.8 feet above the invert of the 72-inch pipe. The attached drawing shows this concept. Once the public sanitary sewer main is on the east side of the 72-inch storm sewer a manhole will be placed to serve Lot I and provide extension of the public sewer system to Lots 2 and 3 at a slope of 0.5%. SHORT SUBDIVISION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a manhole be installed on the existing 20" City of Renton sanitary sewer main on North 8th Street approximately 80 feet east of city Sanitary Manhole 61. Gn m cr,y ,s>3. c� c4 SHORT SUBDIVISION PARKING LOT 3B — LOT 1: This lot will require a public sanitary sewer main system extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Ave. N. The existing 12-inch City of Renton high-pressure water main may need to be routed under the new sewer if a conflict is encountered. SHORT SUBDIVISION PARKING LOT 3B — LOTS 2 AND 3: These two lots will have a public sanitary sewer main system that will connect to the existing City of Renton sanitary sewer manhole 155 on Garden Ave. N. Outside of the building footprints of these two lots a sanitary manhole will be provide to convey the (low from each respective lot. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton Sanitary Sewer Manhole 168 on N. Eighth Street. SHORT SUBDIVISION PARKING LOT 3B — LOT 4: This lot will require a public sanitary sewer main extending from the existing City of Renton Sanitary Sewer Manhole 153 on Garden Avenue No. This public sewer also serves Lot 1. ALTERNATE SEWER PLAN The following table provides a break down of the alternate preliminary sewer plan for each new short subdivision lot that allows each lot to be provided sanitary sewer service by a side sewer. For each lot the determined building finish floor elevation is given, the expected grade of the sanitary sewer system out side of the available lot building footprint, the expected maximum length of sewer line under the building foot print, the City of Renton sanitary sewer system manhole in which the lot will connect to, and a description of how the lot will connect to the City sewer system. SHORT SUBDIVISION LOT NO. BUILDING FINISH FLOOR ELEVATION (FEET) SANITARY GRADE AT SETBACK (FEET) MAXIMUM LENGTH OF SAN PIPE UNDER BLDG AT 1.0% SLOPE FEE CITY SANITARY MANHOLE WHICH THE LOT CONNECTS TO HOW IS CONNECTION MADE LOT 6 1 28 21 550 153 SIDE SEWER LOT 6 2 31.7 24 615 PIPE SIDE SEWER LOT 6 3 32 24.9 560 156 SIDE SEWER LOT 6 4 32 24.7 580 PIPE SIDE SEWER LOT 3B 1 27 17.6 790 153 SIDE SEWER LOT 3B 2 27.5 20.8 520 155 SIDE SEWER LOT 3B 3 30.75 23.25 600 PIPE SIDE SEWER LOT 30 3 Alt 29.5 23.5 480 168 SIDE SEWERS LOT 311 4 27 17.17 830 PIPE SIDE SEWER The following is a short description of how each lot or a group of lots will be gravity drained to the existing City of Renton sanitary sewer system. SHORT SUBDIVISION PARKING LOT 6 — LOT 1: Sanitary sewer service to this lot is complicated by the large 48-inch and 72-inch storm drain sewer mains that shield access to the existing 8-inch sanitary sewer main on Garden Ave. N. Based on conversations with both Dave Christenson and Ronald Straka, with the City of Renton, it was determined that it would be feasible to route the sanitary sewer for this lot through both the 48-inch and 72-inch storm sewer systems. In each case a new manhole will need to be placed at each crossing, and the — 12— sanitary pipe will need to be sleeved in ductile iron pipe. The other criteria initially set is that the sanitary main needs to be above the 70 percent flow capacity line of each pipe. Based on this criteria the new lot public sanitary sewer main will be crossing through the 72-inch storm sewer pipe at an elevation of approximately 20.8 feet in elevation or 4.2 feel above the invert of the 72-inch pipe. The attached drawing shows this concept. • SHORT SUBDIVISION PARKING LOT 6 — LOTS 2 & 3: Lot 2 will require the placement of side sewers over the top of the 72-inch and 48-inch storm drain lines. The side sewer will drop into the existing eight -inch City of Renton per the City of Renton typical detail side sewer•riser detail. Lot 3 side sewer will also go over the 72-inch and 48-inch storm drain lines, and then will enter into the City Sanitary Manhole 158. • SHORT SUBDIVISION PARKING LOT 6 —LOT 4: Sanitary sewer service to this lot will require a side sewer connection be installed on the existing 20-inch City of Renton sanitary sewer main on N. Eighth Street approximately 80 feet cast of City Sanitary Manhole 61. CV'l 0 SHORT SUBDIVISION PARKING LOT 3B — LOT 1: This lot will require the placement -- of a side sewer into existing City of Renton sanitary sewer manhole 153 on Garden Ave. N. `cam' The existing 12-inch City of Renton high-pressure water main may need to be routed under the c:) new side sewer if a conflict is encountered. SHORT SUBDIVISION PARKING LOT 313 — LOTS 2 AND 3: Lot 2 will have a side N sewer that will connect to the existing City of Renton Sanitary Sewer Manhole 155 on Garden �- Avenue N. Lot 3 will have a standard City of Renton side sewer connection to the City of Renton's 8" sewer main and Garden Avenue. An alternate or additional sanitary sewer service to Lot 3 will require the installation of a side sewer into the existing City of Renton sanitary sewer manhole 168 on N. 81h Street. SHORT SUBDIVISION PARKING LOT 3B — LOT 4: Sanitary sewer service to this lot will require a side sewer connection into the existing City of Renton sanitary sewer approximately 70 feet north of Manhole 153. 4. CONCLUSIONS Gravity sanitary sewer service is available to each of the lots in the proposed Short Subdivisions Parking lots 3B and 6. Building sewer service should be available in over 90% of the allow building footprint of each lot. In our opinion, the portions of the lot without c6vcrage are not significant because: The areas not covered are small. It is likely that any restrooms or other uses could be located in a portion of the building that has access. Parking and storm water management issues will reduce the maximum size of the building from that calculated to form the setback requirements alone. Parking and storm Hato structures could be located in these areas where the sewer does not reach. If you have any question regarding methodology, routings, or conclusion of this report please feel fret to contact Hams Group Inc. at (206) 494-9400. -i3- C--, cn e= L" 0 c�j e-- cv S. APPENDICES • Site Plan (SK-CI) Rev. A • Alternate Site Plan (SK-C2) Rev. A S. McNI� �' of w�sH��,'s' 17494 4 ?� T.RF� �S�nNAL ENv` S/9 /o i RSM/meh EXPIRES:7111V COL 99-10745110745rpt001_R2.doc cc: RSM, IT, RGV, File Prepared by: HARRIS GROUP NC. l Robert S. cNiesh, P.E. Engineering Manager CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. EDNSP/Strategic Planning Staff Contact...... Don Erickson, x6581 Subject: Anthone' Annexation - 60% Direct Petition to Annex Exhibits: Issue Paper 60% Direct Petition King County Certification Document Al #: W ! L,' For Agenda of: January 10, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: • Council concur to set public hearing date of January Legal Dept......... X 24, 2005 on zoning. Finance Dept...... • Refer to Planning and Development Committee. I Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The Council received a 60% Direct Petition on October 5, 2004 to annex approximately 4.84 acres of unincorporated land located within the City's Potential Annexation Area. The proponent's petition appears to have signatures representing 100% of the non -street portion of the annexation area as certified by the County Assessor's Office. Under state law the City is required to hold two public hearings on future zoning if it decides to proceed with this annexation. The site is currently designated RLD (Residential Low Density) on the Comprehensive Plan Land Use Map and would normally be zoned R-4, four units per net acre, consistent with this designation, if it is annexed into the City. The public hearing will allow Council to consider either R-1 or R-4 zoning for the site. The Administration is recommending R-4 zoning at this time. The Administration is also recommending that the City consider requesting the Boundary Review Board to "invoke jurisdiction" and evaluate expansion of the annexation boundary by an additional 20.86 acres. The area to the south and east of the proposed annexation is developed and will be increasingly difficult for King County to serve. STAFF RECOMMENDATION: • Council set January 24, 2005 for a public hearing to consider future zoning for the Anthone' Annexation and to decide whether to accept the 60% Direct Petition and authorize the Administration to forward it to the Boundary Review Board for King County for their mandatory 45-day review period. • Council refer the issue of "invoking jurisdiction" and requesting the Boundary Review Board to consider expanding the annexation from 4.84 acres to 25.7 acres to the Planning and Development Committee. Rentonet/agnbill/ bh CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: January 3, 2005 TO: Terri Briere, Council President City Council Members VIA: - Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator Na STAFF CONTACT: Don Erickson, x6581 ' SUBJECT: Anthone' Annexation - Acceptance of 60% Direct Petition to Annex ISSUE: Given that King County has certified that at least 60% of the annexation area's assessed value is represented by petition signers, does Council now want to accept this petition to annex? If the Council does wish to accept the 60% Direct Petition to Annex, should it authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for their 45-day review and evaluation? Should the City request the Boundary Review Board to invoke jurisdiction and expand the annexation boundary to the east to provide a better boundary and increase the size of the annexation area? RECOMMENDATION: • Council support R-4 zoning on the subject site noting that it is consistent with the Residential Low Density (RLD) land use designation shown on the Comprehensive Plan Map for this site. Council accept the 60% Direct Petition to Annex the 4.84-acre Anthone' Annexation and authorize the administration to forward the Notice of Intent package for it to the Boundary Review Board. • Council refer the issue of invoking jurisdiction and expansion of the annexation area to the Planning and Development Committee for review and recommendation. Antone' Annexation — Acceptance of 60% Direct Petition January 3, 2005 Page 2 BACKGROUND SUMMARY: The City received the 10% Notice of Intent to Commence Annexation petition on June 8, 2004, and after having the signatures certified by the King County Department of Assessments held a public meeting with the applicants on July 19, 2004. Council at that time accepted the 10% Notice of Intent petition and authorized the circulation of a 60% Direct Petition to Annex. That petition was subject to petition signers supporting future zoning consistent with the City's Comprehensive Plan Land Use Map designation for the annexation area and assuming their proportionate share of the City's outstanding indebtedness. On October 5, 2004, the City received a 60% Direct Petition to Annex this 4.84-acre site and forwarded it to King County to verify the signatures and the assessed value they represent. On October 11, 2004, the King County Department of Assessments notified the City that based upon the listed taxpayers, parcel numbers, and assessed value, the signatures listed are sufficient under the provisions of RCW 35.13.002 equaling or exceeding 60% of the area's assessed value. If Council accepts the 60% Direct Petition to Annex, the next step would be to recommend preferred zoning to take effect upon annexation at a later date and whether to then direct the Administration to forward the Notice of Intent package for it to the Boundary Review Board for King County pursuant to RCW 36.93.090. Staff is recommending R-4 zoning since it is consistent with the site's RLD land use designation as shown on the City's Comprehensive Plan Map and is compatible with the County's R-4 zoning in the surrounding unincorporated area to the east. The annexation site is located within the Kent School District and is currently served by Fire District No. 37. Currently the City does not have an interlocal agreement with the Kent School District to collect school impact mitigation fees. Upon annexation, Renton would assume fire services for this area. Reviewing staff raised no significant obstacles to annexation. Except for parks, no major service issues were identified. Parks indicated a general deficiency of improved recreational facilities in the area, and staff estimates a one-time acquisition/improvement cost to the City of $8,528. This is an amount above what the City would receive from collecting Parks Mitigation fees. At full development, the proposed annexation is expected to have a slight positive financial impact of approximately $875 annually in today's dollars. The annexation site is bordered by a 20.86 acre area that is within Renton's PAA. (See the map shown on Attachment 1.) The area is designated Single Family Residential and Residential Low Density in the Renton Comprehensive Plan and borders the Springbrook Creek watershed. The Boundary Review Board has the authority to expand annexation boundaries to create better service areas by "invoking jurisdiction," hold a public hearing, and establish a new boundary. If the Boundary Review Board were to agree to the expansion, the annexation could be achieved without circulation of a new 60% petition. In this case, annexing the developed properties to the south and east may be desirable. The existing pocket of development is difficult for King County to serve. If this opportunity to expand the boundary were not taken, the 20.86-acre area would likely join Renton if a broader Cascade/Fairwood annexation eventually occurs. Staff has not yet completed a fiscal analysis of this area, but will provide that additional information to the Planning and Development Committee as part of the discussion about whether to request the Boundary Review Board to invoke jurisdiction. H:\EDNSP\PAA\Annexations\Anthone'\60% Petition Issue Paper Expanded area.doc Antone' Annexation — Acceptance of 60% Direct Petition January 3, 2005 Page 3 CONCLUSION: The 60% Direct Petition to Annex for the Anthone' Annexation has been certified by King County as having sufficient signatures representing at least 60% of the annexation area's assessed valuation. The initial proposed annexation area has reasonable boundaries, is located within both Renton's water and wastewater utility service areas, and appears to comply with relevant Boundary Review Board objectives. The proposed annexation also appears to further the City's business goals and be in the general welfare and interest of the City. An expanded annexation would provide a better boundary by incorporating existing urban development within the City. In the context of evaluating the future service delivery options for the Cascade/Fairwood area, expansion of this proposed annexation now might be prudent. Attachment H:\EDNSP\PAA\Annexations\Anthone�60% Petition Issue Paper Expanded area.doc f_ — ATTACHMENT 1 _ oposed Anthone' Annexation o 1 800 1600 Figure 1: Vicinity Map — — — City Limits 1 : 9600 Economic Development, Neighborhoods & Strategic Planning i Proposed Annex Area Alex Pietsch, Administrator - G. Del Ro�,o December 2t104 _ _ -' Proposed Expanded Annex Area T G,i Y OF K1::F�r I:JJ`;x CITYOFnewoXETITION TO ANNEX TO THE CITY OF RENTONR__. - , :>,_,_, K t u t l E D UNDER RCW 35A.14.120 'T 0 4 2004 (60% Petition—Anthone'Annexation) SUILD1NO 11SI0HIE CITY COUNCIL OF THE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 ., t• ■ • .. Address:.... Telephone Nd��rB'-r- ac The undersigned are owners of not less than sixty percent (601/o) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 on January 8, 2001. The City Council then determined that the City would accept the proposed annexation. Further, pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept the City's simultaneous adoption of zoning regulations for the subject property; (2) Accept the City's Comprehensive Plan designations as they affect the subject property; and (3) Assume their proportional share of the City's pre-existing outstanding indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page 1 of 2 WARNING: Every person who signs this petition with any other than his or her true name, or who ,cnowingly signs more than one of these petitions, or signs a petition seeking an election when lie or she -s noi a legal voter, or signs a petition when he or she is otherwise not 4ual&d to sign, or who makes Iterein any false statement shall be guilty qf a ;nlsiwneanor. The undersigned Mave read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the nme that appears on record in the We to the real estate.) R MIN INf"C4 R'IF -P MC '0 gq Iq td Rcr kv 7 tv" art Mela qLpoq ("0 OGG 6. 7. 10. Page 2 of 2 H,XD1VISI0N.SXP&TS1!4MNINGAANNEXtlo% NoUce for Assessed ValuedDcXDE O6fO4/04 Exhibit A ANTHONE' ANNEXATION LEGAL DESCRIPTION That portion of Tract 11, Springbrook Acre Tracts, according to the plat thereof recorded in Volume 12 of Plats, Page 60, records of King County, Washington, lying northerly and westerly of the plat of Talbot Estates, according to the plat thereof recorded in Volume 172 of Plats, Pages 1 through 3, inclusive, records of King County, Washington; EXCEPT the west 10 feet thereof lying within Talbot Road S. right-of-way; and EXCEPT that portion of the north 10 feet thereof lying within the S 55th Street right-of- way; TOGETHER WITH Tract `B" of said Talbot Estates plat. All situate in the northeast quarter of Section 6, Township 22 North, Range 5 East, W.M., in King County, Washington. 4groposed Anthone' Annexation ure 3: Existing Structures Map Structure Economic Development, Neighborhoods & Strategic Planning — — — City Limits C#)... G. D l etsch,Rosar Administrator0Proposed Annex. Area G. Del Rosario29 June 2004 King County Department of Assessments King County Administration Bldg. 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessor.info@metrokc.gov www.metroke.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION TIDE$ IS TO CERTIFY that the petition submitted October 8, 2004 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Anthone' Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 11th day of October, 2004 Scott Noble, Kin County Assessor (A .®'Mm CITY OF RENTON COUNCIL AGENDA BILL AI #: It I Submitting Data: EDNSP Depart./Neighborhoods & Dept/Div/Board.. Strategic Planning Division Staff Contact...... Don Erickson, x6581 Subject: Maplewood Addition Annexation 10% Petition to Commence Annexation Public Meeting Exhibits: Issue Paper 10% Notice of Intent Petition For Agenda of: January 10, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council concur to set public meeting on January 24, Legal Dept......... 2005. Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. X X SUMMARY OF ACTION: The Council received a 10% Notice of Intent petition on December 8, 2004 to annex approximately 60.5 acres of unincorporated land located within the City's Potential Annexation Area. The proponent's petition appears to have signatures representing approximately 11% of the non -street portion of the annexation area. Staff is waiting verification of this from the County Assessor's Office. Under state law the City is required to hold a public meeting with the proponents within 60 days of receipt of such petition to consider whether it wants to accept the area as proposed, geographically modify it, or not accept it all. If Council accepts the 10% petition it will typically authorize the circulation of 60% Direct Petition to Annex. The site is currently designated RS (Residential Single Family) on the Comprehensive Plan Land Use Map and would be prezoned R-8 consistent with this designation if it were annexed into the City. The Utility Committee will be briefed on this issue prior to the public meeting. STAFF RECOMMENDATION: Council set January 24, 2005 for a public meeting to consider the 10% Notice of Intent to Commence Annexation Petition for the proposed Maplewood Addition Annexation. RentonnetlagnbiIV bh CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: December 22, 2004 TO: Terri Briere, Council President City Councilmembers VIA: _Ji, Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator NAle Economic Development, Neighborhoods, and Strategic Planning Department STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Maplewood Addition Annexation —10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent to Commence Annexation petition to annex about 60.5 acres to the City of Renton by direct petition (see attached maps). State law requires that the Council hold a Public Meeting with annexation proponents to decide whether to accept, reject or geographically modify the proposal. The Council, if it decides to accept the petition, also decides whether to require the assumption of existing City indebtedness and whether to require the simultaneous adoption of zoning consistent with the Comprehensive Plan upon potential annexation. The subject site is also located within the proposed Fairwood Incorporation Area. State law allows for the simultaneous review of annexation and incorporation petitions for the same area by the Boundary Review Board. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs with this recommendation, the Administration recommends that Council take the following actions (pursuant to RCW 35A.14.120). • Authorize the circulation of a 60% Direct Petition to Annex for the enlarged annexation site with the following provisions: ■ That property owners within the annexation area shall support the adoption of future City zoning consistent with the Comprehensive Plan Land Use Map upon annexation; and, ■ That property owners within the annexation area shall assume a proportional share of the City's existing outstanding indebtedness. Maplewood Addition Annexation — 10% Notice of Intent Issue Paper January 4, 2005 Page 2 ■ Refer the proposed annexation to the Utilities Committee for review of infrastructure issues in the area. BACKGROUND SUMMARY: As noted above, the subject annexation area is located within the proposed Fairwood Incorporation Area. The applicants of that proposed incorporation have not yet filed their Notice of Intent or petition to incorporate with the Washington State Boundary Review Board for King County. They are, however, expected to do so in the foreseeable future once they obtain signatures representing at least 10% of the registered voters residing in the proposed new city. After the proponents of incorporation have filed their Notice of Intent and petition with the BRB, the Board must approve the application unless, within 45-days of having received the Notice of Intention, other governmental units, special districts, or petitioners representing at least 5% of the registered voters of the affected area invoke its jurisdiction. If the Board's jurisdiction is invoked it has 120 days to complete its review and make a finding. If it does not, the proposal is deemed approved. Location: The subject area is bounded on the north by the Renton —Maple Valley Road (SR-169) on the west, south and east by the north shore of the Cedar River. Renton abuts the annexation site on its north, west and a portion of its southern boundary and King County abuts it on its eastern and a portion of its southern boundary (see Figure 1. Vicinity Map). Assessed Value: The assessed value at current development is approximately $30,841,300. Natural Features: The proposed annexation area is generally flat located in a bow of the Cedar River. Virtually the whole annexation site is located within a flood hazard boundary and is known to have flooded in the past (see Figure 5, Sensitive Areas Map). Existing Land Uses: Most of the proposed annexation site is already developed with single-family detached homes. There currently are 161 single-family residences spread over the 60.5 acres for an average estimated density of 3.3 units per net acre. Existingzoning: The subject site is currently zoned R-4, four units per gross acre, by King County and, if annexed into Renton, would be zoned R-4, four units per net acre. Comprehensive Plan: Renton's Comprehensive Plan designates the annexation site as Residential Single Family with either R-8 or RMH zoning. Given its existing single-family detached character R-8 zoning at eight units per net acre would be somewhat denser than the current estimated density of 3.3 units per net acre. Staff is recommending a Comprehensive Plan Amendment from RS to RLD with future R-4 zoning for this annexation site if the Council authorizes circulation of the 60% Petition. Public Services: No impediments to service delivery or unusual costs were noted by responding departments and divisions. Water Utility: The subject area is within the Maplewood Addition Water Cooperative, which is an independent water purveyor for the existing subdivision. Neither Renton or the Cedar River Water and Sewer Utility are the designated service provider for this area under the East King County Coordinated Water System Plan. The local water system is considered to be failing and will require substantial up -grading to meet City standards. The existing system, for example, cannot provide the minimum level of fire protection to meet City standards. Also, water quality from the existing system is susceptible to contamination from the area's septic system. The City has existing water mains in the vicinity of the area that can be extended to serve the proposed 10% Issue Paperl2-22-04.doc Maplewood Addition Annexation — 10% Notice of Intent Issue Paper January 4, 2005 Page 3 annexation area according to staff. It is anticipated that local residents would need to participate in a Local Improvement District to bring this system up to City standards. Staff estimate an average household cost of about $15,000 per lot for the 161-lot total area. Sewers: The area currently is not served by sewer. The annexation area, however, is located within the City's Sanitary Sewer Service Area. The City has stubbed sewer mains into the area but not direct service is currently available. Also, a majority of the area will need to be served by a lift station into the currently stubbed mains that would serve the area. Because the area is already developed, sewers would most likely be extended by local improvement district rather than developer extensions. Staff estimate an average household cost of approximately $14,000 per lot to bring sewer to the 161-lot area. Parks: There are two park facilities within a half -mile of the annexation area. Maplewood Golf Course in just north of it across SR-169 and Ron Regis Park is a half -mile to the east. The Community Services Department notes a deficiency in developed parks in the area. The prorated one-time cost of acquiring and developing parks for the estimated 403 existing residents of this annexation is an estimated $68,379. Fire: The area is currently served by Fire District No. 25 to which the City provides service under contract. If annexed into the City, Renton will be the designated service provider for this area. Public Works Maintenance: Maintenance staff has noted no substantial infrastructure issues at the current level of development. Staff estimates that it would cost an estimated $11,750 to bring roads up to City standards. However, if these are improved as part of a local improvement district for water and sewer these costs could be less. Surface Water: Surface Water Utility staff notes that this area is located within the designated flood hazard area and has flooded in the past. An inventory of existing drainage infrastructure within the proposed annexation area will also need to be conducted to better assess the financial impact of the proposed annexation to the City. ANALYSIS OF THE PROPOSED ANNEXATION: (Pursuant to City Council Resolution 2429) Consistency with the Comprehensive Plan: The annexation policies generally support the proposed annexation. The subject annexation site is located within Renton's Potential Annexation Area and is within an area seeing increased development pressure (Policies LU-378 and LU-379). Renton's Comprehensive Plan Land Use designation for this area is Residential Single Family (RS), which allows up to a maximum of eight dwelling units per net acre. Current County zoning is R-4 and the estimated net density is 3.3 units per acre. As a consequence, staff may be recommending a Comprehensive Plan Amendment from RS to RLD with R- 4 zoning since the latter would be more consistent with the area. Renton is the logical service provider of most urban services and infrastructure for this area (Policy LU- 383). Policy LU-388 states that in general, the greater the contiguity with the city limits, the more favorable the annexation. The proposed annexation is adjacent to the city limits along approximately 65% of its perimeter. Policy LU-388 states that annexation boundaries should be "readily identifiable in the field." The proposal follows the Cedar River along western, southern and eastern boundaries and for the most part, Maple Valley Highway (SR-169) on its northern boundary. 10% Issue Paper12-22-04.doc Maplewood Addition Annexation — 10% Notice of Intent Issue Paper January 4, 2005 Page 4 Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. In fact, it would reunite an existing neighborhood, a portion of which is already within the City, under one jurisdiction. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The proposed annexation follows the Cedar River on much of its perimeter and relies on the Maple Valley Highway for most of its northern boundary. c. Creation and preservation of logical service areas; The city is capable of providing all urban services to the proposed annexation area including water sewer, police and fire. It is estimated that the City could provide both water and sewer to the area at less cost than the Cedar River Water and Sewer District because City utilities are already adjacent to the proposed annexation area. d. Prevention of abnormally irregular boundaries; The proposed annexation area has no irregular boundaries since it relies on natural features such as the Cedar River and Maple Valley Highway for most of its boundaries. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. f. Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries; Neither the existing City boundary nor the proposed new boundaries are impractical. h. Incorporation as cities or town or annexation to cities or towns of unincorporated areas which are urban in character; This area is already urban in character and located within Renton's designated Potential Annexation Area within the County's Urban Growth Area Boundary. The area is also located within the recently proposed Fairwood Incorporation Area (see attached map). Under state law (RCW 36.93.116) pending annexations in which the petition initiating the annexation is adopted or filed within 90-days of the filing of the petition proposing incorporation may be considered by the Boundary Review Board simultaneously with that for the proposed incorporation. i. Protection of agricultural and rural lands which are designated for longterm productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Maplewood Addition Annexation area are rural or designated for long-term productive agricultural use in the King County Comprehensive Plan 10% Issue Paperl2-22-04.doc Maplewood Addition Annexation — 10% Notice of Intent Issue Paper January 4, 2005 Page 5 CONCLUSION: The proposed Maplewood Addition Annexation, although costly to bring up to City standards, appears to be in the public interest. A portion of the neighborhood is already within the City and residents presumably already use City facilities for access, recreation, and the like. It is assumed that existing property owners would bear the brunt of the costs of bringing the area up to City standards so that current city taxpayers would not be asked to assume this responsibility. Relevant City Comprehensive Plan Land Use policies appear to be complied with and the proposed annexation appears to be consistent with relevant City Business Goals such as promoting neighborhood revitalization and meeting service demands that contribute to the livability of the community. The proposed annexation also appears to comply with relevant Boundary Review Board objectives. Reviewing staff has identified a number of issues that will have to be addressed before the area comes up to City standards and it is anticipated that if Council approved the circulation of a 60% Direct Petition to Annex petitioners may be asked whether property owners within the annexation area should not only be required to assume their proportional share of the City's existing outstanding indebtedness but also their share of upgrading the water and street system to City standards. (Until septic systems begin to fail, the City has no authority to require residents to hook up to sanitary sewer.) Parks acquisition and development could result in an estimated one-time cost of $171,477 to the City. Because the area is fully developed, the City is unable to collect parks mitigation fees making this amount greater than if new housing were being built. At full development the net annual fiscal impact to the City would be an estimated loss of $34,852 in today's dollars for this 60.5-acre annexation site. The current Comprehensive Plan land use designation for this area is Residential Single Family which would imply future R-8 zoning upon annexation if the City authorizes circulation of a 60% Direct Petition and residents are successful in getting signatures representing sixty percent of the area's assessed value. Because the allowed density would be more than double the estimated existing density of 3.3 units per net acre staff may recommend a Comprehensive Plan amendment to Residential Low Density, which would allow R-4 zoning at four units per net acre. cc: Jay Covington Alex Pietsch Rebecca Lind Don Erickson 10% Issue Paperl2-22-04.doc I Hills Dr SE SE fl$9t�,, P n' td. th P/ - - ,— --, ; IrI F� 1 H Y ' Y / L v4L t yy fI r \ Proposed Maplewood Addition Annexation Figure 1: Vicinity Map — — Current City limits Economic Development, Neighborhoods &Strategic Planning Annexation Area ii ♦ Alex Pietsch, Administrator G. Del Rosario 21 December 2004 S£ R9n ton I ICL��Zgt7N��..�� 0 1000 2000 1 : 12000 odoiS %ot < "0010 'tea iz ((�� T easy uoliexeuuy a i.a o 0007 l Id S �8 P 4 94 Id • �wp Qyasia!d xaiv • � + sIlwil Alo ivajjno — — 8uluue OPIU11 s oo io 8ia juatudo ana oiwouoo w smoluoo lemajul wG dun AgdEa6odol :Z 2m61� 0001 009 o uoilexauud uoilippd poomaid-eW pasodOJd IN VVI INN P'g,j \ ���--��:_��� �''��/{jam` /�.��1 I �i � � r � � � `��-✓.� �� � \\ r F i it � t `, - -.�\ �, � I /• 6 - \ � \\ \` '� � � \�. ,\ 1 `( J/r { ,A � ✓ T',A / v V V I i , 0 ^ CS \ a \\ G O ,• n y� a fi 3. SE R i`4 £ P Q � <J a O � � a QO Q 4 Proposed Maplewood Addition Annexation Figure 3: Existing Structures Map — -- current city Limits or Economic Development, Neighborhoods & Strategic Planning o Annexation Area �.o Alex Pietsch, Administrator 7 Structure G. 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't• J . �00/ NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) 0 0 % PETITION— MAPLE WOOD ADDITION ANNEXATION) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98055 SUBMITTED BY: GI%�-'t� �(-"-� ADDRESS: l � S1= IS I Sfi _(Z,.e \,�- VN , lfv k 'Ti30 S 0 PHONE: H)IS--Z 2G 10 3a1 3 The undersigned are the owners of properties representing not less than ten percent (10%) of the assessed value of all property within the proposed annexation area which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A legal description (Exhibit A) and map (Exhibit B) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation, such a proposal having been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340; and, 3. The City Council will decide whether to require the assumption of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 1 of 2 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names ofpetitioners should be in identical form as the name that appears on record in the title to the real estate.) 1 1�115 Srz1y9t st r�a@L30 S 1 • c(n a�k Y lll (e, 7a�9 qo�5 oa , 2. 3 • f c�� �ti S �Z�v ww- 70<8 qa ? -- 00 00 C. /-z�3° 5 3.1Ot",OL)D dire sL 2Ga3 05- 10- P! 6, 4. l't 1'33>2> tie S1✓ ZZZ3oS-%25"- 6>-;:5 1 5. 12 WV- cgtlsg l cd-a-k�r 6. Lp Nif -13 7. 8.y�0 K- ors - 1iiC7- U© 1 DU �, 10. �Z�S Ire Page 2 of 2 H:\DIVISION.SXP&TSIPLANNINGIANNEX\10% Notice of Intent (rev's).doc\DE 12/02/04 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Date Signature and-., sfPT Mailing Addressa Legal No.. Description Property Size in Proposed Signed Printed Name of Owner of Record of Property of Owner of Property (Lol4 Block, Plat, Assessor's Annexation Na. or ottkr) Area 2. tz -7-P -� Q� _� /5d64 13S 54) 9W - 00;2v o I S�-�K ,Lyo�tis 3. -- 7 - D "�t% 9/3� d g 4. r2-7 b -2 3 v 1. i�N z /4`I ao (3 -AoS 51E 2 5. 6. 7. 8. 9. lo. Page 2 of 2 H: \ DIVISION.S\ P&TS\ PLANNING\ ANNEX\ 10% Notice of Intent (rev's).doc\DE 12/31/03 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. 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Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10% Notice of Intent (rev's).doc\DE 12/02/04 Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10% Notice of Intent (rev's).doc\DE 12/06/04 Exhibit A Proposed Maplewood Addition (Wasmita Park) Annexation General Boundary Description Area bounded by the City of Renton corporate boundaries on the north, northwest, and southwest to 133rd Avenue SE, if extended, on the south, and the Cedar River on the south and east as shown on the attached Exhibit B. � �4 Submitting Data: Dept/Div/Board.. Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL Al #: Hearing Examiner Fred J. Kaufman, ext. 6515 Cottages at Honey Creek Preliminary Plat File No. LUA-04-085, PP, SA-H, V-H, ECF Exhibits: Hearing Examiner's Report and Recommendation Legal Description and Vicinity Map Recommended Action: Council Concur For Agenda of: 1 / 10/2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Cottages at Honey Creek Preliminary Plat was published on November 23, 2004. The appeal period ended on December 7, 2004. The Examiner recommends approval of the proposed preliminary plat, site plan and variance subject to the conditions outlined on page 11 of the Examiner's Report and Recommendation. This office notes that the conditions placed on this project are to be met a later states of the platting process. STAFF RECOMMENDATION: Staff recommends approval of the Cottages at Honey Creek Preliminary Plat. Rentonnet/agnbill/ bb November 23, 2004 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Mike Davis Davis Consulting 27013 Pacific Hwy. S. 4353 Des Moines, WA 98198 Donald Richardson 4821 NE Sunset Blvd. Renton, WA 98059 Cottages at Honey Creek File No.: LUA 04-085, ECF, PP, SA-H, V-H 4821 NE Sunset Boulevard Approve site plan, preliminary plat, and variance to the tree cutting and land clearing regulations for a 3.7 acre site to be subdivided into 27 single family residential lots, one commercial lot and several tracts. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on October 19, 2004. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the October 26, 2004 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 26, 2004, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this re uest. Exhibit No. 2: Preliminary Plat Exhibit No. 3: Site Plan Exhibit No. 4: Tree Cutting and Clearing Plan Cottages at Homey Creek File No.: I.1)A-04-085, ECF, PP, SA-1 I, V-I I November 23, 2004 Page 2 Exhibit No._5: GradingPlan - - Exhibit No. 7: All Elevations of Plan Exhibit No. 9: Nei borhood Detail Ma Exhibit No. 11: WSDOT Channelization Plans for Sunset -near thepropose rnplex _ _ _ _ Utility Plan_ Exhibit No. 8: First Floor. Plat it No. 10:Lonin Exhibit No. 12: Proposed Left Turn Lane Plan for access to Tall Firs and the Cottages at Honey Creek The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located in the eastern portion of the City of Renton, south of NE Sunset Boulevard (SR 900), east of Duvall Avenue NE, and west of Hoquiam Avenue NE. Honey Creek does cross the site from east to west and there are various slopes on the site. The project is zoned Center Neighborhood (CN). To the east of the site is a tract of land owned by the City of Renton which is proposed to be a water tower or reservoir. The site is also located in the Suburban Centers Residential Bonus Districts A and B, however, since this development is mostly residential located in District B, the District B standards apply. The applicant requested a modification to the District standards (garage location) which was approved with condition on October 12, 2004. The Environmental Review Committee issued a Determination of Non -Significance - Mitigated (DNS-M), no appeal were filed. The applicant has requested a variance from the Land Clearing and Tree Cutting regulations in order to clear vegetation, replace an existing culvert, install utility lines and construct a road across Honey Creek located near the site's northeastern property boundary. This is necessary because the only access to the subject site is from NE Sunset Boulevard. No access roads or easements were created for access to this site. The City of Renton owns the parcel to the east which is to be developed in the future as a water tower or reservoir. There are two 24-inch culverts existing on the location that overflow and flood the existing driveway when it rains. The applicant is upsizing the creek crossing capacity to handle a fully developed 100-year storm event. The project has been designed pursuant to the 1998 King County Surface Water Design Manual. The proposal will provide infrastructure improvements. Staff does support this proposed variance. The Examiner inquired if the road could be narrower, no parking at the creek area, so that the minimum variance would be necessary for relief, which would provide access to the site but not necessarily having a full size road across the creek. Ms. Fiala stated that the reduced right -of way has already come from 52 feet to 42 feet, which allows for 32 feet of pavement and sidewalks on both sides. Sidewalks could be on one side only as long as curvature of the road is maintained and there is sufficient room for ingress and egress. The Fire Department has stated that the length of the road from NE Sunset is less than 700 feet and all properties that are beyond the 500 feet are required to be sprinklered. No secondary point of access is required for the subject plat. Site Plan review is required for any proposed development located within the CN zoning designation. The proposed project does meet all requirements. Landscaping requires a ten -foot wide on -site landscape strip along the street frontage of NE Sunset Blvd. All requirements are met for District B. All landscaping will be fully irrigated. Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 3 In the site plan there are 27 single-family detached units proposed, the site would be accessed via a public road terminating in a cul-de-sac with several private access easements coming off the cul-de-sac. The applicant has tried to reduce the number of driveways by utilizing these private access easements, there would be sidewalks to NE Sunset Blvd. All structures comply with the District B standards and would be verified at the time of individual building permit review. Honey Creek crosses the site from east to west. A creek buffer with 50-feet widths and buffers averaged to no less than 35 feet was imposed as an ERC mitigation measure and would be provided to reduce impacts to the creek from construction activities and reduce erosion. The project is in compliance with preliminary plat criteria regarding housing and environmental m:asures. The proposal has a net density of 10.03 dwelling units per acre which complies with the CN zoning designation. All setbacks and building coverage would be verified at the time of individual building permits. The proposed lots appear to have sufficient building area for the development of detached single-family homes. Private access easements would provide access to the lots from the new public street. Channelization was also reviewed and the report indicates that retaining and extending the two-way left turn lane would provide safety advantages over a current WSDOT design. The re -design was submitted to WSDOT, no reply has been indicated to date. Staff recommends the establishment of a homeowner's association or maintenance agreement for all common improvements. The site is hilly with slopes up to 30%. From NE Sunset Blvd frontage, the site slopes downward to the south toward Honey Creek and then slopes upward to the south. Traffic, Fire and Park Mitigation Fees were imposed by the ERC. The site is located within the boundaries of the Renton School District and they have indicated they could handle the new students. The project drains to May Creek basin, the site sheet flows currently toward Honey Creek and the proposed storm water detention and water quality controls would be provided within a wet vault and a conveyance system would consist of catch basins and underground storm pipes to the wet vault. Water main extensions are required to connect to existing water mains within NE Sunset Blvd. Each individual lot would be required to have water service stubs as well as side sewer stubs for each building lot. The Examiner inquired if there were not too many driveways, realizing that this could throw off the symmetry of this project. Would it be possible for Lots 18 and 19 to share a common driveway? The building design would have to be flipped for one of the homes in order to share the driveway. Lots 12 and 13 could also share a driveway. Ms. Fiala stated that applicant could look at that to try and reduce the driveways further. Staff approves the project with conditions. Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-11, V-H November 23, 2004 Page 4 Mike Davis, 1201 Monster Road SW, Ste. 320, Renton, WA 98055 stated that regarding the clearing of the area, they have asked Honey Creek Apartments to allow them to access their property in order to install :t new sewer line. in that case, they would be clearing the area. This would allow all the lots on this project to have gravity fed sewers as opposed to using the grinder pumps. It may be possible to provide an access to the City of Renton property through the dogleg to the southeast. It appears that the traffic would be very limited, access to the site would be approximately once per day. The civil engineer indicated that the City does have an easement for access along 12`' Avenue NE. With regard to Tract A, they are trying to work with WSDOT to have access to allow the project road to shift to the west to be on top of Tract A making the entrance road align x� ith the Tall Firs Townhomes to the north. At this time there has not been much response from WSDOT, however, during the engineering period they will pressure WSDOT to at least give them an answer. It would be much better if the two entrances could align perfectly. The idea of the shared drives has been studied and is a popular idea, unfortunately it does not seem to work in this case because the distance between the curb line and the front of the garage is minimal, somewhere between 15 and 20 feet, it would be difficult to have the cars come in and park in front of the garages. Enough parking is necessary in order to keep vehicles from parking in the cul-de-sac. Timothy Miller, 1607 East Main Street, Auburn, WA 98002 stated that he was with Transportation Consulting Northwest and that he prepared the report referenced in the project file. He has a copy of the DOT's channelization plans as they were proposed. The existing plan would be proposed to be no left turn access and would cut off the people who turn into the Tall Firs development and would also cut people off from turning into this proposed development. Currently there is a two-way left turn lane and the concern was that perhaps all aspects had not been considered. A plan was prepared that would retain that two-way left turn lane and submitted to DOT for their consideration. To date, there has not been any response from them. This is an issue that will have to be worked through, there could be some design standards that may change things and require further alterations. if there is Borne reason that the two-way left turn lane will not work, they would like to go ahead with the project with right turn only access, however that is not the preferred approach, the full access would be their first choice. Darrell Offe, Offe Engineers, 13932 SE 159"' Place, Renton, WA 98058 stated that the City of Renton watershed property is about 9.5 acres to the east of this proposed project and currently has access off of Hoquiarn within a 30-foot easement that is on the school district property. The property is to be used as a water tower or reservoir which normally would be put on the highest piece of property. The property currently starts at Honey Creek and works its way to the highest point which is along NE 12'h, and that is where, from an engineering standpoint, the water tower should be located and that would give them access off of NE 12'h onto Hoquiam. Maria Wolcott, 2220 Ilwaco Ave., Renton, WA 98059 stated that she lived in Summer Wind and was concerned as to why another commercial lot was needed when so many of the businesses were closing down. Kayren Kittrick, Development Services Division stated that a narrower road over the creek could be done. It could be reduced to 28 feet which would allow 20 feet of pavement, sidewalk on one side, curb and gutter on both sides and that would still allow enough room to put in guardrail over the creek, if necessary. Ms. Kittrick stated that she was very much in favor of shifting the road over closer to the WSDOT site Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 5 The City does not have any plans in place for the parcel of land to the east of this development. The water tower would most likely be sited as far south as possible and take access off of 12"' Avenue. Maintenance is mostly by telemonitoring on these sites, so therefore a visit anywhere from once a day to once a week if everything is quiet and functioning properly is all that is necessary. There is an unusual synergy going on between WSDOT and the City of Renton Public Works over the channelization of Sunset Blvd., in that WSDOT must approve everything, but they are asking for the City's opinions first. It tends to go in circles for a while. It is her belief that WSDOT is waiting on the City's development of the Duvall intersection to finalize their alignments. WSDOT demands the traffic studies and the calculations and then the design and then the construction. It does take a long time. As to the shared driveways, it seems to be a matter of looking at all the driveways. There is a very unappealing sawtooth effect around the cul-de-sac with the small spaces between each of the driveways. There may be some alternatives with some of the driveways coming off the easements. There is a valid concern with the off-street parking although it does not seem deep enough for cars to park along the cul-de-sac. It will be a matter of looking at the constraints and seeing if it can, in fact, work. Susan Fiala stated that in regard to the commercial lot on NE Sunset Blvd., because it is in the Overlay District B and Center Neighborhood, the applicant was trying to provide the future opportunity for some commercial in the area. It is a very small parcel and he wanted to keep that opportunity open and it does assist with density of the overall plat. Mike Davis stated that anything north of Honey Creek is in Overlay District A and requires commercial. At this point there is no option to put in a single-family residence under current City Code. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:19 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Mike Davis, Davis Consulting, filed a request for approval of a 27-lot residential and one commercial lot Preliminary Plat together with a Site Plan and a Variance from the Tree Cutting and Land Clearing Ordinance. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non -Significance - Mitigated (DNS-M) for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4821 NE Sunset Boulevard. The subject site is located on the south side of Sunset one parcel east of Duvall Avenue NE. Field and Hoquiam Avenues are east of the site. Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 6 6. The subject site wraps around third -party property, Washington State Department of Transportation property, with two doglegs that extend to Sunset from the property's east and west sides. With the exception of doglegs the subject site is generally rectangular. The parcel is approximately 601 feet deep (north to south) by 330 feet wide. The subject site is 3.7 acres or 161,172 square feet. Honey Creek runs east to west through the northern third of the subject site. There are steep slopes along the creek channel that range up to 30 percent. In order to provide access to the subject site the applicant will be constructing a road that has to cross Honey Creek. The applicant is also rebuilding the culvert system in that area. In order to work within 25 feet of the creek the applicant has applied for a variance from the Tree Cutting and Land Clearing regulations. The subject site contains a single family home and outbuildings. All structures would be removed if the plat is approved. 9. The applicant will be preserving trees and other vegetation located within an averaged 50-foot buffer of the ordinary high water mark of Honey Creek except those within the area of the variance if it is approved. The applicant proposes trying to save trees located along the western edge of the site. 10. The subject site was annexed to the City with the adoption of Ordinance 2945 enacted in July 1975. ]I. The subject site is zoned CN (Center Neighborhood). 12. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial, light industrial and residential uses serving the immediate area and surrounding neighborhoods, but does not mandate such development without consideration of other policies of the Plan. 13. The applicant proposes dividing the subject site into 28 lots and 4 tracts. Twenty-seven lots would be for detached single-family homes while one lot would be for commercial development. 14. As noted, two dogleg extensions connect the main portion of the subject site to Sunset Boulevard. In order to provide access to the majority of the subject site and proposed single family plat the applicant has proposed bridging Honey Creek in the eastern dogleg. The applicant proposes creating a new public street that will enter the site at Sunset, cross the creek and then end in a cul-de-sac in the south central portion of the site. Access to the western dogleg parcel, a commercial pad, would be directly from Sunset. 15. The proposed residential lots range in size from approximately 2,748 square feet to 5,417 square feet. Detached single-family homes would be constructed on each of the 27 residential lots. Commercial development would occur on the 6,560 square foot commercial lot -fronting Sunset at the northwest corner of the site. 16. The homes would be arranged around the generally north -south public road with one tier of lots along the eastern edge and another tier along the southern edge. Access easements would provide access to a number of interior lots along the western portion of the site. 17. The new roadway would be 42 feet wide and terminate in a cul-de-sac. This office inquired if a narrower bridge across the creek would suffice. A narrower bridge would reduce the amount of property that would need to be cleared adjacent to the creek and reduce the variance. The 27 homes Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 7 might be reasonably served by a right-of-way of less then 42 feet where it crosses the creek if the Fire Department finds it acceptable. 18. Approximately nine (9) individual driveways and easements would intersect the cul-de-sac. This office suggested that there might be too many driveways and easements on the cul-de-sac. The sidewalk would have to accommodate these crossings and there could be potentially conflicting maneuvers in and out of these multiple driveways. 19. A possible emergency access could be created at the southeast corner of the site between Proposed Lots 7 and 10. It would connect to a public street through neighboring property owned by the City. 20. Proposed Lots 8, 9, 10 (southeast corner), 14, 15, 16, 17 (southwest corner), 21, 22 and 23 (west central) would be accessed by easements. These three easements along with the driveways for Proposed Lots 6, 7, 11, 12, 13, 18, 19 and 20 would use the cul-de-sac for access. 21. The residential complex will be subject to site plan review due to its being located in Suburban Centers Residential Bonus District B. The buildings have identical floor plans as now proposed. That might have to be altered if shared driveways are necessary. In that case, it appears that mirror floor plans might work. The buildings would be 25 feet in height. A modification approved by the administrator allows the garages to be front -loaded. 22. The CN Zone permits a density range of 10 dwelling units per acre to 15 dwelling units per acre. The applicant's proposal will have a density of 10 units per acre after reducing the gross acreage by sensitive areas. 23. The entrance roadway will intersect Sunset slightly askew from the intersection on the north side that currently serves another development. Staff and the applicant are still trying to work with the state to allow the roadway to align more appropriately with the existing northern intersection. The State might also restrict the subject proposal and the development north of Sunset to right -in and right -out turns. 24. A narrow tract, Tract A, will be created on the west side of the entry roadway to provide a slope setback from the adjacent property. Tract B, C and D would provide open space and buffers for Honey Creek. 25. Sewer and water are available or can be extended to serve the subject site. 26. The subject site currently sheet flows into Honey Creek. After appropriate treatment storm water from the developed site will still be discharged into Honey Creek. 27. Two 24-inch culverts currently run under the driveway and provide access to the subject site, they would be replaced by a new, larger culvert. This replacement could potentially ease stormwater problems when backups occur at the narrower culverts. 28. The proposed development will generate approximately 270 vehicle trips per day. 29. The subject site is located within the Renton School District. Students will be assigned to schools on a space available basis. Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 8 CONCLUSIONS: Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; C. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property appears ripe for the variance requested. The bulk of the site is south of the creek and the only reasonable access is from north of the creek. The site's location creates a unique limitation that if not overcome would limit the reasonable use of the subject site. Other 3.7 acre sites are developable since they are not separated from a public street by a major creek. While clearing vegetation along a creek should be a last resort, in order to build a bridge, vegetation has to be removed. Vegetation removal apparently is the only way to allow reasonable use of the subject site. Approval of the variance will not harm other property in the zone and should have only a limited impact on the creek (see below where a narrow bridge can be used for access). 4. Approval of a variance to allow clearing vegetation in this case will not grant the applicant a special privilege. The only reason to consider this variance is because there is no other reasonable way of allowing the applicant to reasonably use the majority of the site as permitted by zoning. Staff has noted that the roadway could be narrowed and still meet the Fire Department's requirements in this case. As long as parking is not permitted on the bridge or narrower section of the new road, emergency access should not be impeded by a narrow bridge and road. It also appears that emergency access can probably be provided across City property. Preliminary Plat 6. The proposed plat appears to serve the public use and interest in most of its particulars. It provides protections for Honey Creek, a critical area, in the form of buffers. But the number of lots that take access from the cul-de-sac will create a complex driveway pattern and overly cut up sidewalk. The plat complies with the Zoning Code and critical areas ordinances. The lots are appropriately sized for the CN Zone. The proposed lots are small but will offer homes and sites to those seeking smaller parcels in an area with both natural amenities and nearby urban services. As in similar lots with interior development potential, the interior lots will be somewhat hemmed in and surrounded by other lots with no visual access to an open streetscape. Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 9 8. In addition to providing additional residential choices, the plat is being developed in an area with appropriate utilities and will help avoid sprawl. The applicant will also be offsetting some of the impacts by paying mitigation fees for traffic, parks and fire services. 9. The lots are generally rectangular and meet the various setback standards for the CN zone. The applicant will be permitted to place garages in the setback area after being granted a modification by the City. 10. The plat should be approved by the City Council Site Plan 1 l . The CN Zone's overlay district requires Site Plan approval for the subject proposal. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; C. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself, e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 12. The Comprehensive Plan allows detached residential uses, particularly if they do not usurp land better suited for commercial uses. The applicant will be developing a commercial lot along Sunset but the majority of the parcel is hidden from view and less amenable to commercial use since it is not visible from the street. Detached residential uses seem appropriate, although office use might have been reasonable even if retail uses were not suitable. 13. The residential uses meet the setback requirements for the CN zone. The buildings also are only 25 feet tall, which also meets code requirements. Building and Fire code compliance will be determined when an application with sufficient detail is submitted and reviewed. 14. The development of the site will increase noise and traffic to some extent but both of those impacts were anticipated when the Comprehensive Plan and Zoning were adopted. The buildings are well spaced on the site and should not impinge on neighboring properties. The reconstruction of the existing culvert system may even reduce stormwater problems that affect neighboring property. Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-fI November 23, 2004 Page 10 15. The applicant will be protecting both banks of Honey Creek with buffers on the western edge as well as buffers and, with staff approval, a reduced width crossing near the eastern edge of the site. 16. As noted above, the number of crossings, both driveways and easements, of the cul-de-sac are inappropriate. The sidewalk and curb will be overly rippled accommodating these crossings. There will potentially be conflicting in and out maneuvers over these access points. This can be modified although it probably will require that some floor plans be inverted so that adjacent homes can share driveways. This might actually add to the visual interest of the complex instead of having all of the homes having identical facades mimicking each other. 17. The redevelopment of the subject site should not have an adverse impact on property values. 18. It appears that circulation to the subject site is adequate. It would be better if the entrance could be aligned with the roadway north of Sunset creating a standard four-way intersection rather than one with an offset leg. It would appear that engineering staff believes that the 27 homes could be served by a slightly narrower bridge in order to reduce the intrusion into the Honey Creek buffer and slope vegetation. A narrower bridge would be appropriate if the Fire Department approves such a change. It would be helpful it the City itself could provide an emergency access across its adjoining property. 19. The homes are reasonably spaced for their small lot sizes. Each home will have its prerequisite open space. 20. The site can be served by existing or extended utilities. RECOMMENDATION: The City Council should approve the Preliminary Plat subject to the following conditions: The applicant shall comply with the conditions imposed by the ERC. 2. Staff shall work with the applicant to reduce the number of driveways and easements that access the cul- de-sac and make use of shared driveways between adjacent homes. If this requires inverting the floor plans of those adjacent homes, the applicant shall invert those floor plans. The applicant will be permitted to shift the entrance roadway to the west if agreement can be reached with the owner of that adjoining western property. Any land freed on the east shall be added to open space. 4. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The applicant shall work with City staff and WSDOT to provide channelization for NE Sunset Boulevard (SR 900) ensuring turning movements for ingress and egress to the development meeting all applicable standards and requirements. 6. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements, including fences, landscaping, utilities, private easements, etc. A draft of the document(s), if necessary, shall be Cottages at Honey Creek File No.: LUA-04-085, ECF, PP, SA-H, V-H November 23, 2004 Page 11 submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. DECISION: The Variance and Site Plan are approved subject to the following conditions: The bridge and its north and south approaches shall be narrowed as determined appropriate by the City and as approved by the Fire Department. 2. The applicant shall reduce the number of driveways and easements on the cul-de-sac. ORDERED THIS 23`d day of November, 2004. FRED J. KAU AN HEARING EXNMINER TRANSMITTED THIS 23`d day of November, 2004 to the parties of record: Susan Fiala Mike Davis Donald Richardson 1055 S Grady Way 1201 Monster Road SW, Ste. 320 4821 NE Sunset Blvd. Renton, WA 98055 Renton, WA 98055 Renton, WA 98059 Timothy Miller Darrell Offe Maria Wolcott 1607 E Main Street Offe Engineers 2220 Ilwaco Avenue Auburn, WA 98002 13932 SE 159"' Place Renton, WA 98059 Renton, WA 98058 TRANSMITTED THIS 23`d day of November, 2004 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Kayren Kittrick, Development Services Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Cottages at Honey Creek File No.: LUA-04-085, ECF, PP. SA-11. V-H November 23, 2004 Page 12 Pursuant to Title IV, Chapter 8, Section 1000of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., December 7, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 1 10, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., December 7, 2004. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Order Number. 200483801 EXHIBIT "A" TRACT 6, JOSEPH P. MARSHALL TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE(S) 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 530 FEET THEREOF; AND EXCEPT THAT PORTION OF TRACT 6 OF JOSEPH P. MARSHALL TRACTS, VOLUME 38 OF PLATS, PAGE(S) 30, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID TRACT 6 AT A POINT 100 FEET WEST, AS MEASURED AT RIGHT ANGLES, OF THE EAST LINE THEREOF; THENCE SOUTH PARALLEL TO SAID EAST LINE A DISTANCE OF 200 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID TRACT 6 A DISTANCE OF 140 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID TRACT TO THE NORTH LINE THEREOF; THENCE NORTHEASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 741907, ITEM 6 BY THE STATE OF WASHINGTON FOR HIGHWAY SR900. 112111 —a1-1- ub 1 s ��107(0 M d PL. 121E LIMIT ¢a m 1= — :�" 92 31.42 84 i� i� I , 1 1 11 �. / Z AZA 1 1 'LAN 1_I W 19236 > 3 Q tJ •- R15o 0E � J vL i J 2 yo Q ' 143.10 D (4)gb1f, C) 330-79 _ j=�2YJ23 =--'� 6J.T? 9L92• _ s �ql • a t •F ' ' N ii cc, JA9 .)bl 4 N p 5 "�IIUTI 1 20 Z. PHASE B 45 , I2) TRACTV p` ill ^ 0 ti , W b1 3 TALL FIRS 140.04 100 6 w 15 91bZ - 14 �1 I T R S o _ r- w.01 46 U- � 0Z - a 10 10 / L--) I a "OCE) SHPL-V-147-90 m - - - - - - - - �5 r 2 7 Sv3v*� 4 " f-1► 1 � � 1� ildqu TOW HO ES 47 UNt1) s - 5czyj�li�'i 11 5 Q595 '1 9 J.01 16b� �PNASE I 11,30 n vnnsj 48 `� 't21 1 -3 '� •�--� ( 45a i c ib Zb —�'� ► 9.. y !3 l YL r tsZ� `�� �..s a •3 E 33 Z (Apfs) I I 1 1 1 -N.E.- UH—ST.Q;( m2me... il -W It! mi cU o Q 1 ® o 0 Hone V El .4 na eD 0-5gC. 1 / W Cf) '-165.29-- -13&5---` /w s alo c_ 0.57 Ac I $ Lij 56 165.29 O 1j5.5® Q 1 150 15059 ® ® Ni V 61 f�iU:iif9 .... ....... Z DS - 4 T23N RSE E 1/2 Co e NE 132n( z . ...... t-1 1� lvasq, ob I T ...... ....... f V8hon Q a'shon . ..... -!?Rl NE ... . .. .... lash6 LV . .. ...... -n 1tn1= an . . . . ........ . ...... ....... ....... .. .......... ... . ..... Z < ...... ....... ... . ....... .................... H .... . ... .... 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FROH7 MQUA700 KI f OF WtofivGKET 17 _ _ _ ®_ —d J'd M %7= .1 1 7�21 MI OMM-1 nil MR-11 1-1 ---------------- mw-�FIAW� RM-t D5 - 4 T23N R5E E 1/2 CIO C- C/) 132.n( V, .......... ftNE h n t2z- NE N va s 0 . .... Co. CO ohm. . ...... co j lashd'n . ..... cj E t cu m n ................. ... ....... . i!::_ , I - - ......... . . Co. COW CO R Ana ort..e,.s.. ..... .. ..... mac: ortes . ... .. ... ke. -Ji vo NE. CIO ... .......rn -------- z Nel� ............... .. .. .......... ..... .. Z\D Vall Ave. NE C-71 u 11A .......... C N! 2Q KA -T\ I /M Z/1 a as-H MEZIL E - 9a .. ... . ..... CITY OF RENTON COUNCIL AGENDA BILL AI #:4 C Submitting Data: Planning/Building/Public Works For Agenda of- Dept/Div/Board Utility Systems Division January 10, 2005 Agenda Status Staff Contact Abdoul Gafour, x7210 Consent .............. Public Hearing.. Subject: Addendum No. 2 to CAG-03-168 Engineering Consultant Correspondence.. Agreement with Economic and Engineering Services for Ordinance ............. Construction Phase Assistance for Maplewood Water Resolution ............ Treatment Improvements Old Business........ New Business....... Exhibits: Issue paper Study Sessions...... Addendum No. 2 to CAG-03-168 Information......... a Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... X Other.. Fiscal Impact: N/A Expenditure $116,510.00 Transfer/Amendment N/A Required Amount Budgeted $120,000.00 Revenue Generated N/A (from project budget for contingencies) Total Project Budget $12,257,700 (2003-2005) includes costs City Share Total $116,510.00 for project construction, services during Project (for Add.#2) construction, City's administration and contingencies Account No. 421.00500.018.5960.0034.65.055562 SUMMARY OF ACTION: The Water Utility section requests the approval of Addendum No. 2 in the amount of $116,510.00 to the consultant contract CAG-03-168 with Economic and Engineering Services, Inc. (EES). The addendum is needed to cover additional work to be performed by the consultant for the reviews and responses to the contractor's submittals and requests for clarification related to the construction of the Maplewood Water Treatment Facility. The required additional work was not anticipated by EES in the original contract budget. The Water Utility has budgeted sufficient contingency funds in the Maplewood Water Treatment Facility total project budget for 2004-2005 to cover this extra work. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council authorize the Mayor and City Clerk to execute Addendum #2 to CAG-03-168, in the total amount of $116,510.00 with Economic and Engineering Services, Inc. H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\CAG-03-168 - Construction Phase - EES\Addendum 2\agenda bill for contract addendum no. 2.doc\AGtp CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: 1XII VIA: iG- FROM: � J,oyo STAFF CONTACT: January 4, 2005 Terri Briere, Council President Members of the Renton City Council Mayor Kathy Keolker-Wheeler Gregg Zimmerman, Administrator Planning/Building/Public Works Abdoul Gafour, x7210 J.D. Wilson, x7295 SUBJECT: Addendum No. 2 to CAG-03-168 Engineering Consultant Agreement with Economic and Engineering Services for Construction Phase Assistance for Maplewood Water Treatment Facility TSST JR The Water Utility section requests approval of Addendum No. 2 in the amount of $116,510.00 to the consultant contract CAG 03-168 with Economic and Engineering Services, Inc. (EES). The addendum is needed to cover additional work to be performed by the consultant for the reviews and responses to the contractor's submittals and requests for information related to the construction of the Maplewood Water Treatment Facility. RECOMMENDATION: • The Planning/Building/Public Works Department recommends that Council approve the addendum and authorize the Mayor and City Clerk to execute Addendum No. 2 to CAG-03-168, in the total amount of $116,510 with Economic and Engineering Services, Inc. BACKGROUND SUMMARY: The City entered into consultant agreement CAG-03-168 with Economic and Engineering Services, Inc. (EES), on November 6, 2003, for services during construction of the Maplewood Water Treatment Facility. The original contract amount was $686,700. In June 2004, the City approved Addendum No. 1 to the contract for $71,976.35 to cover additional geotechnical work and for specialized inspections required for the project. The original contract includes $201,426 for the consultant to review the contractor's submittals and to respond to technical questions raised by the contractor during the construction of this large-scale water treatment facility. January 4, 2005 Page 2 As the construction of the project progressed, the consultant's time needed to review and process the contractor's submittals has been significantly greater than the amount that was anticipated in the original contract budget. The contractor has submitted a more extensive amount of submittals and re -submittals than anticipated, for shop drawings, materials and equipment to be used on the project. In addition, the contractor submitted more "requests for information" on the technical specifications of the project than the consultant had estimated in the original contract. The consultant is now requesting an increase of $116,510 in the contract amount, to cover the above described additional work, up to the completion of the construction of the facility, which is anticipated for August 2005. Water Utility staff has reviewed the consultant's request for additional budget and determined that the request is reasonable and that this increase is sufficient to cover the consultant's work to the completion of the project. The Water Utility has budgeted sufficient contingency funds in the Maplewood Water Treatment Facility total project budget for 2004-2005 to cover this extra work. CONCLUSION: The consultant, Economic and Engineering Services, Inc. (EES), needs to perform additional detailed reviews and responses to the contractor's submittals and requests for information up to the completion of the project. The additional work by EES will reduce the City's cost for potential change orders and claims from the contractor. Staff recommends Council's approval of Addendum No. 2 to the contract with EES for $116,510. cc: Lys Hornsby J.D. Wilson Tom Malphrus H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\CAG-03- 168 - Construction Phase - EES\Addendum 2\Issue-Paper-Addendum-No-2.doc\AGtp ADDENDUM NO. 2 to CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES CAG 03-168 Dated: November 6, 2003 This Addendum is made and entered into this day of , 2004 by and between the City of Renton, hereinafter called the "City" and Economic and Engineering Services, Inc., hereinafter called the "Consultant". WITNESSETH THAT: Whereas, the City engaged the services of the Consultant under Consultant Agreement CAG 03-168 dated November 6, 2003, for project "Maplewood Water Treatment Improvements and Golf Course Improvements — Construction Phase Assistance". Whereas, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time; and Whereas, the City and the Consultant have determined that additional work is required to meet the goal of the project. Those additional work items being defined in Exhibit A with costs anticipated as shown in Exhibit B. NOW, therefore, in accordance with Section VIII, Extra Work, of Consultant Agreement CAG 03- 168, dated November 6, 2003, the agreement is amended as follows: 1. Revise the maximum amount payable under section VI, Payment, from $758,676.35 to $875,186.35, which represents an increase of $116,510.00. EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 2 to CAG 03-168 with Economic and Engineering Services, Inc. as of the date and year first above written. CONSULTANT CITY OF RENTON Signature Date Kathy Keolker-Wheeler, Mayor Date Gregory J. Kirmeyer Vice President ATTEST: Bonnie Walton, City Clerk Date HA\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\CAG-03-168 - Construction Phase - EES\Addendum 2\Addendum#2-CAG-03-168.doc\AGtp Exhibit A Addendum No. 2 to Consultant Agreement for Professional Services CAG 03-168 Summary: Make adjustments to the budget to provide for anticipated engineering support activities through to the completion of construction of the Maplewood Water Treatment Improvements facilities in June 2005. The reasons for the budget adjustments to the following tasks are outlined below. Although the scopes of work for these tasks remain the same as described in Exhibit A of the consultant agreement, the levels of effort have been adjusted up or down based on how the project has proceeded to date and best estimates of future work required. Also, an additional overall impact to the budget is that the construction schedule has been extended by about 5 weeks over the original schedule. 3-102 - Field Assistance. The original budget was based on a much greater level of effort by an EES engineer to provide on -site field engineering observation and assistance. However, the City has provided a full-time field engineer, resulting in much less labor requirement by EES. The revised budget is reduced by $40,467, but will still provide for an EES engineer to provide full-time field observation on a substitute basis, if needed. 3-103 - Special Observations and Reviews. Significant labor costs have been required for special reviews of substitution proposals and site electrical issues that were not known during the design phase. It is anticipated that more efforts will be required to provide fair and adequate reviews of proposed field changes by the contractor, while still providing for observations and reviews at critical points during construction. The original budget assumed about 300 manhours would be required, of which less than 100 manhours remain. 3-104 - Geoteehnical Support. Some additional geotechnical support is anticipated for the pre -loading of portions of the site as called for in the plans, as well as during construction of the ultra -block retaining wall. 3-105 - Surveying Support. A reduction of $20,000 in budget for surveying support can be applied, while still leaving an adequate allowance ($10,801) for verification surveys of key site features, if required. 3-201 - Submittals Reviews. The level of effort for review and processing of submittals has been significantly greater than was anticipated in the original contract budget. There have been many more resubmittals and review of resubmittals than anticipated. While over 85% of the submittals have been reviewed and approved, additional effort is still anticipated for submittals associated with architectural and instrumentation and control (I&C) items. The original budget assumed about 1170 manhours would be required, but the level of effort through May 2004 has consumed over this amount already. The budget adjustment will provide for up to 500 additional manhours, if required. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\CAG-03- 168 - Construction Phase - EES\Addendum 2\Adden 2 -revised-Exhibit A.doc/AGtp 3-202 - Responses to Requests for Information (RFI's). The City and the Engineer encouraged the Contractor early in the project to identify potential issues and submit as many RFI's as soon as possible. The Contractor has done this to a great extent, particularly for RFI's associated with electrical aspects of the project. This has resulted in a very fast rate of budget usage for this task. The additional budget is to provide an adequate allowance to successfully address the potential for RFI's that may arise during the installation of the treatment process equipment and piping, the majority of the electrical components, and installation and integration of the I&C components. The original budget assumed about 500 manhours would be required, but the level of effort has consumed over this amount already. The budget adjustment will provide for up to 400 additional manhours, if required. 3-203 - Assistance with Change Orders. Several change orders have been developed and processed as issues have developed. It is anticipated that a similar level of effort may be required until the project is completed, so some additional budget is needed as an allowance. 3-600 - Coordination and Management. Some additional budget will be needed to ensure the successful coordination and management of the additional level of engineering support activities through the completion of the project. The original budget assumed an average of 28 manhours per month would be required for this task. The budget adjustment will provide for an average of up to 30 manhours per month through project completion (August 2005). • 3-700 — Contingency. A contingency task has also been added to provide for unforeseen events and/or issues during construction. Budget from the contingency task will be used only if specific needs arise that are outside of the scope and budget for Tasks 3-100 through 3-600. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\CAG-03- 168 - Construction Phase - EES\Addendum 2\Adden 2 -revised-Exhibit A.doc/AGtp Exhibit B Addendum No. 2 to Consultant Agreement for Professional Services CAG 03-168 Budget Revisions Task Existing Adjustment Adjustment Budget Labor Direct Exp. 3-101 Pre -construction Activities 34,824 -5,913 3-102 Field Assistance 88,123 -40,467 3-103 Special Observations / Reviews 48,320 17,900 2,000 3-104 Geotechnical Support 111,059 11,000 300 3-105 Surveying Support 30,801 -20,000 3-201 Submittals Reviews 141,940 65,950 200 3-202 Responses to RFls 59,486 46,535 600 3-203 Assistance with Change Orders 26,122 8,530 200 3-600 Coordination & Management 79,686 9,375 300 3-700 Additional Services (if needed)* 0 20,000 Subtotal of Above Tasks $620,361 Subtotal of Adjustments $112,910 $3,600 Total Budget Adjustment *To be used only for special, unforeseen circumstances, as authorized by the City. Revised Task Budgets 28,911 47,656 68,220 122,359 10,801 208,090 106,621 34,852 89,361 20,000 $736,871 $116,610 H\FileSys\WTR27-2953-Maplewood WaterTreatment Improvements\CAG-03-168-Construction Phase-EES Addendum 2\Adden2 Exhibit B-rev-8-25-04.xls FINANCE COMMITTEE REPORT January 10, 2005 .E°.r-7F"r)1F72'77) Baad' C' T V CC, UNCiL Date / /D- 900,5- APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on January 10, 2005, claim vouchers 233148-234008 and 3 wire transfers, totaling $4,835,094.10 , and 1137 direct deposits, payroll vouchers 54878- 55313, and 2 wire transfers, totaling $3,712,831.56 . a� Don Persson, Chair Tom Nelson, Vice -Chair Denis Law, Member January 11, 2005 Joni Earl, Executive Director Sound Transit Union Station 401 S. Jackson Street Seattle, WA 98104-2826 Subject: Potential Sound Transit Sound Move Phase H Projects in Renton Dear Ms. Earl: CITY OF RENT014 JA N 1 0 2005 CITY CLERK'S OFFICE . U As part of the public outreach for Sound Transit's Sound Move Phase Hplanning process, we were asked for suggestions for future Sound Transit projects. This letter details the improvements Renton desires. The vision of the City of Renton is Renton: A world -class city where people choose to live, work and play. Renton is experiencing rapid growth due in large part to our geographic location and availability of employment opportunities. First-class transit services and supporting capital facilities are a vital component to support PPo P P pport growth and our vision. In order to support the growth in Renton and the region, and City transportation investments, there are two general types of improvements Renton would like to have considered for Phase IT capital investments and service developments. Capital Investments I• HOV Direct Access Ramps — in the interest of increasing transit speed and reliability, transit vehicles and HOVs should have direct connections to regional highway systems at the fpllowing locations: a. Rainier Avenue and SR 167 & I-405: this HOV Direct Access ramp would provide convenient access to the Renton urban center and Downtown Renton Transit Center. b. SW 27" Street @ SR-167: this HOV Direct Access Ramp would provide access to major Commute Trip Reduction (CTR) Law -affected employers in the Renton Valley including the new Federal Reserve Bank, Boeing Corporate offices, FAA offices, and numerous manufacturing and warehousing firms; as well as the Longacres Multimodal Station. II. Inline HOV Ramps — inline ramps for transit services on I-405 in the vicinity of NE 44t' Street. These will support transit ridership from the future sizeable developments, North Renton, Kennydale, and Newcastle. Joni Earl, Executive Director Sound Transit January 11, 2005 Page 2 Re: Potential Sound Transit Sound Move Phase HProjects in Renton III. Suburban Surface Park & Ride Lots and associated transit facilities — in order to intercept the transit trips within and outside of the City of Renton at their origins, enhanced Park & Ride capacity and rider -support facilities (bus shelters, information kiosks, benches, etc.) should be constructed concurrently with transit service development to the following areas: a. The NE Sunset Boulevard corridor (continuing along SR 900 to Issaquah), b. The NE 4`h Street corridor, c. The Maple Valley Highway (SR 169) corridor, d. The Carr Road/SE Petrovitsky corridor, and, e. The Talbot/Benson Road corridor. Connecting these Park & Ride facilities, there should be a network of adequate arterial HOV treatments as well as Transit Signal Priorities (TSP) in support of regional express bus routes and bus rapid transit services. It will be necessary to have HOV treatments built to maintain a high degree of transit service frequency, speed, and reliability (especially in regard to the location of new regional services and BRT as mentioned in the service development list) between regional destinations. The Park & Ride locations depicted on the associated map are conceptual and dependent on alignment of transit routes and stops, as well as future land use densities. Operational analysis and the public outreach process will determine actual locations. IV. Mixed -Use Facilities including parking garages and transit facilities — in order to support the large amounts of growth anticipated for employment and housing in the Renton area and to the south and east, additional Park & Ride capacity will be required. In particular, at a location in the vicinities of: a. South Lake Washington, and b. West of the Rainier Avenue corridor north of I-405 in the vicinity of the potential HCT alignment. The Mixed -Use Facility locations depicted on the associated map are conceptual and dependent on alignment of transit routes and stops, as well as future land use densities. Operational analysis and the public outreach process will determine actual locations. Service Developments New Regional Express Bus Routes — to provide links to employment, available housing stock, shopping, and activity centers; frequent, rapid, and reliable transit options need to be provided to the following areas: the NE Sunset Boulevard corridor (continuing along SR 900 to Issaquah); the NE 4`h Street corridor; the Maple Valley Highway (SR 169) corridor; the Carr Road/SE Petrovitsky corridor; the H�\Division.s\TRANSPOR.TATNPLANNING\Nick\Sound Tru it ST Sound Move Phaw 2 Jan/ 2004 Joni Earl, Executive Director Sound Transit January 11, 2005 Page 3 Re: Potential Sound Transit Sound Move Phase II Projects in Renton Talbot/Benson Road corridor; and to the West Hill (Skyway area) via Renton Avenue South. Additionally, enhanced transit service should be developed to augment existing services along SR 167 and Sunset Boulevard/MLK Jr. Way. II. High Capacity Transit (HCT) — new service should be considered for travel through Renton between Tukwila and South Lake Washington area. We support the concept of the east -west HCT connecting SeaTac Airport and the communities of Burien, Tukwila, and Renton urban centers. The alignment depicted on the associated map is conceptual, with the intent of indicating our desire to connect the Longacres Multimodal Commuter Station to Downtown Renton and south Lake Washington; operational analysis, preferred/selected HCT technology, and the public outreach process will determine actual routing. Where applicable, in order to avoid the potential adverse impacts on Renton streets (traffic congestion and safety), consideration should be given to grade separation/elevated HCT. III. Bus Rapid Transit (BRT) — The 1405 WSDOT Corridor Study identifies BRT as the prime mode of HCT on 1405. In accordance with the WSDOT I405 BRT documentation, the BRT should travel along 1-405 and through Renton on N. 8' Street, Park Ave. NJLogan Avenue, S. 2" d St., Rainier Ave. S., SW 7" St., Lind Ave. SW/Oakesdale Ave. SW, and SW 27" Street between South Lake Washington and the Longacres Multimodal Station. We look forward to future discussions with your agency and to taking an active role shaping future transit services and facilities in the region. Investments in our City should be made to meet both regional and local priorities and to support Renton's Vision as a world -class city where people choose to live, worlr, and play. We hope you also share this vision and thank you for this opportunity to provide you with input on Sound Move Phase H projects that we feel would be beneficial in the Greater Renton area. Sincerely, Kathy Keolker-Wheeler Mayor Attachment: Potential Phase II Sound Transit Projects in Renton map cc: City Council (7) Sandra Meyer Jay Covington Nick Afzali Gregg Zimmerman Nate Jones Alex Pietsch H:\Divisions%TRANSPOKTATTLANNINOWickWund Tnmk ST Sound Move Phm 2 )an 42004 Potential Phase II Sound Transit Projects in Renton HOV Direct Access Ramp '++ Proposed Bus Rapid Transit Alignment — '��•+ Capital Projects & Expanded Service = _ _ _ =_ _ ==_ _ _ _ =_ Mixed Use Parking Structure/ =__ ___ ___ i But Ramp ® Transit Facilities ® Surface Parking / Transit Facilities =_=_ _ _ _ ww..b • • • • • •• HCT in Renton =--- ------------ Proposed �. Hits Ftftfii Hf Existing Commuter Rail =_======_' == =_____ ___ _ ______ =__ =___ =-- �. -=�======--=------=�-� ----_- _--- ===�- _____-_ _______ _____________________________________- =_-- -------- -- ---- -= ---= --- -= - ---� ==_ - --- ---------- -- - --- ---- _ -__ _�__ = ===__ _- � =___ ___=_____� __ _ ______ _ ___ __=____� ____ _ __- 1 TLE _____= _ _ __ =__ ____ ==_ =_ __ ___ ___ _________-------------------------------------------------- _______ -- --- ---- ---_- - _ --- - - _- --=--- �--===--__ _: ==_ __ =___ 1 r' - memo \_ 1 1 1 1 \ , S Gay We11' �1 r �1 �1 1 �1 onga res 1 Statio 1 1 1 ensio of • ande SW 27th Street _ 1t, N &h St Z RentJI ory>W(,. ----r I m I I I Avemw a: Improvements R NEWC*E HE Ob S&W P & R Ph� L � L _ _ r J '42V-P-a R —_J I o I SE EetmAtsky Rd PAR® Phpe» I P& » o■ KENT