FILED 15 FEB 26 AM 9:06 KINGBenton COUNTY Judge Monica SUPERIOR COURT CLERK Hearing Date: March 6, 2015 E-FILED (w/o CASE oral argument) NUMBER: 12-2-21156-6 SEA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING KEITH L. HOLMQUIST and KAY BURDINE HOLMQUIST, f/k/a KAY BURDINE, husband and wife; and FREDERICK A. KASEBURG, a single man, ) ) ) ) ) ) Plaintiffs,) ) v. ) ) KING COUNTY, a political ) Subdivision of the State of ) Washington, ) ) Defendant.) ______________________________) NO. 12-2-21156-6 SEA DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES I certify and declare under penalty of perjury under the laws of the State of Washington that the following is true and correct: 1. I am over the age of majority and competent to be a 20 witness herein. 21 action, am over I the am age one of DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 1 of the majority, plaintiffs and have in this personal ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 knowledge as to the matters set forth herein. 2 2. Exhibit 1 includes pictures taken by me during supersession showing examples of the public use of the vacated NE 130th street right of way and its beach. While I personally viewed the subject matter of photos 16, 18, and 19, the photos were taken by Mr. Holmquist. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3. Exhibit 1, Photos 4 and 5 show water craft, a motor boat, and windsurfer stored by the public. The motor boat was there for several days, the watercraft for several months, and the windsurfer for about five months. Not shown in the pictures is a row boat that has been there during the entire supersession. 4. Exhibit 1, Photo 6 is a kayaker getting ready to launch and a swimmer. Photo 7 is a boat dropping off a person who then swam ashore. The swimmer is just barely visible in the center of the photo. Photos 8-11 are of kayakers and paddle boarders using the beach. Photo 12 shows the heads of two swimmers. 5. Exhibit 1, Photos 13 and 17 show parking on the vacated NE 130th street right of way by public users and by other people in the neighborhood. The vacated NE 130th street right of way almost always had at least one car parked on it. Photo 14 shows four people headed for the beach on the 4th of July 2014 with their inflatables. Photo 15 shows four different people using the beach, including one kayaker. Photo 16 shows a boat moored overnight. 6. Exhibit 1, Photos 18 and 19 show a loud party of about seven people in the evening of August 11, 2014. 7. The vacated NE 130th street right of way is in a waterfront residential area that to the best of my knowledge is not zoned or permitted for a public park or public beach use. This waterfront residential area is relatively quiet. Most owners are middle age and older, and do not intensely use their yards, docks, or waterfront. In contrast with the existing residential use, the public use of the vacated NE 130th street right of way and beach greatly exceeded normal DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 2 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 use of residential supersession. waterfront properties during 2 3 4 5 8. I frequently saw people walking or biking on the BurkeGilman Trail during supersession. They would notice Seattle’s 4-foot by 4-foot sign on the vacated NE 130th street right of way, and stop and look at the sign from the trail, walk down a path to the vacated NE 130th street right of way, read the sign up close, and then spend time there using the beach. Photos 1 and 3 are of Seattle’s sign. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 9. The vacated NE 130th street right of way had a level of use by the public during supersession that greatly exceeded normal use of residential waterfront properties by many orders of magnitude. I can generally see from my dock the yards and houses of about 10 houses to the north and about 10 houses to the south. On a nice summer weekend day, I estimate that one in about eight houses will have someone in the yard or in the water at some time of the day, for approximately an hour on average. I estimate that during supersession, on the same nice summer weekend day, the vacated NE 130th street right of way would have an average of about four to seven groups of people per hour over the course of the day, with more at the peak of the day and less at morning and evening. As the weather deteriorates towards winter, both usages drop. On a winter weekend day, I estimate that one in about 20 houses will have someone in the yard or on their dock at some time during the day. I estimates that during supersession, on the same winter weekend day, the vacated NE 130th street right of way would have about two to four groups of people per hour over the course of the day. For example, on Sunday, December 21, 2014, I was working in my yard for about an hour in midafternoon and saw three groups of two people use the beach of the vacated NE 130th street right of way during that hour. I did not notice any of my waterfront neighbors using their yards during this time. For example, during the early afternoon of Friday, December 26, 2014, I spent about 50 minutes rowing about a 2.8 mile round trip 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 3 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 4 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 Index of Exhibits To Declaration of Frederick A. Kaseburg 2 Exhibit 1: Pictures 1-19 of vacated NE 130th street right of way and pictures 20-21 of the existing NE 135th street right of way. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit 2: Internet posting of letter from Seattle Attorney Kelly Stone to John Armstrong, approximately August 2013. Exhibit 3: Seattle.gov website showing NE 130th street end as a Seattle shoreline street end. Exhibit 4: Seattle.gov website posting of Ordinance No. 123611 with legislative markup. Handwritten page numbers added. Exhibit 5: 2012 Street End Use Permit to Hartman for south one-half of NE 135 shoreline street end. Exhibit 6: 2013 Street End Use Permit to Gustav for north one-half of NE 135 shoreline street end. Exhibit 7: Seattle Legislative Department file for Ordinance No. 123611. Exhibit 8: King County Department of Assessments 2015 assessment and lot data for Holmquist. Handwritten calculations of square footage and 2015 assessed per square foot value by Kaseburg. Exhibit 9: King County Department of Assessments 2015 assessment and lot data for Kaseburg. Handwritten calculations of square footage and 2015 assessed per square foot value by Kaseburg. Exhibit 10: Hand drawn diagram by Kaseburg illustrating dimensions and square footage of the vacated NE 130th street. Exhibit 11: Seattle DOT statement that “annualized rate” and “annualized rate of return” as used in ordinance 123611 have remained constant at 8%. 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 5 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 Exhibit 1: Pictures 1-19 of vacated NE 130th street right of way and pictures 20-21 of the existing NE 135th street right of way. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 6 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 Photo 1: Seattle’s sign on vacated NE 130th 11 12 13 14 15 16 17 18 19 20 Photo 2: Vacated NE 130th as seen from street (Seattle’s sign is to the left of the field of view) 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 7 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Photo 3: Seattle’s sign on vacated NE 130th as seen from Burke-Gilman Trail 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 8 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 Photo 4: Water craft stored on vacated NE 130th street end 10 11 12 13 14 15 16 17 18 19 Photo 5: Motor boat and windsurfer stored on vacated NE 130th street end 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 9 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 Photo 6: Kayaker and swimmer – 2013 11 12 13 14 15 16 17 18 19 20 21 Photo 7: Boat dropping off swimmer on vacated NE 130th street end 6/30/2013 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 10 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 Photo 8: Three or four kayakers launching from beach 12 13 14 15 16 17 18 19 20 21 Photo 9: Four paddle boarders who launched from beach DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 11 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 Photo 10: Paddle boarders returning Photo 11: Paddle boarders returning 12 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 12 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 Photo 12: Two swimmers who entered Lake from beach Photo 13: Parking 2/2014 12 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 13 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 Photo 14: People with inflatables headed for beach 7/2014 11 12 13 14 15 16 17 18 19 20 Photo 15: Beach users 4/2014 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 14 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 12 13 Photo 16: Boat moored overnight and dog playing in water 8/2014-Holmquist photo. 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 15 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 Photo 17: General parking by users and others 7/2014 11 12 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 16 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 12 13 Photo 18: Loud evening party 8/2014-Holmquist photo 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 17 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 12 Photo 19: photo Another picture of loud party 8/2014-Holmquist 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 18 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 1 2 3 4 5 6 7 8 9 10 11 Photo 20: NE 135th street end Photo 21: NE 135th street end 12 13 14 15 16 17 18 19 20 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg.5000.010 - 19 ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON 98104 (206) 624-4225 FAX (206) 624-5930 Exhibit 2: Internet posting of letter from Seattle Attorney Kelly Stone to John approximately August 2013. XFINITY Connect Page 1 of 2 XFINITY Connect freddmann?comeast.ne Font Size John said "Beach Access" From Nextdoor Edgewater-Riviera cem> Fri, Aug 16-, 201-3 .1014 AM Subject John said "Beach Access" To freddmann@oomcast.net Reply To Nextdobr Edgewater?eRiviera John from Eclgewater?Riviera.said: After the discussion at the nieghtiorhoocl meeting we wrote the city asking for information on the street and beach access at 130th. Here is the reply frtim the .city. Hello Mr, SDOT (the city?s. Transportation Department) was noti?ed by the adjacent property owner that they had a document from 1932, giving them ownership over the land- had thought they (500T) owned the street end, but the documentation presented puts City own?rsi?iip into qu?stion, apparently. Kelly Stone, 'AsSIsta'nt City Attorney provided the following update recently Hello, I am the assistant city attorney handling the litigation cancerning the Street shereiirie street end, and involving Mr. and Mrs. Holmqulst, Mr Kasetiurg, King County and the th. Became we are still in litigation over this street end, 1 am the best person for you to contact with questions and Comoros. I am. aware of the community?s concerns. Unfortunately, because the litigation is ongoing, at this time, we cannot post an update on the sign. However, Ican tell you the current status of the case and street end. The superior court granted the and Mi. Kaseburg's motion "for summary judgment in early June Beth the City and King County are appealing that judgment. In the meantime, the. City has ?led a stay of enforcement of the judgment This means that Mr. Kaseburg and the Hoirnquists cannot do anything to assert their property rights to the street end while the appeals are pending ?new If you have further "questions or concerns, please do not hesitate to contact me. Kelly N. Stone Assistant City Attorney Seattle City Attorney's Of?ce Contracts and Utilities Section 600 4th Avenue, 4th floor 0. Box 94?69 Seattle, WA 98124-4769 Phone: 206-233-2169 FAX: 206-684-8284 http' //sma1 tzone.1nail.comcast.net/21 ?id32249 ,os_A 8/16/20 1 3 XFINITY Connect Page 2 of 2 Religstonegwseattlegov We, too, are disappointed in this turn of events. We realize there is a shortage of public. Shoreline access in that neighborhood and continue to look for opportunities. Feel free to contact me for updates and Iwil'l share them as they become available Thank you for your support; Cheryl Cheryl Eastberg. SPU/P'arks Project Coordinator Seattle Parks and Recreation 206.386.4381 Shared with Erlqewater-Riviera only View or reply - Thank - Private message You can also reply by email or use Nextdoor for iPhone. so lit? a daily digest moi-end er "neuter i'ihr'3'AdjtJ?it your email settings THIS message was; ill-lendI-?r! for mi est net. Heirloom, ?01 Epear iatrout, Suite 2?30, San Francisw, CA 94-105 3111211120116 mall . comcast. net/2imbra/h/printmessage s_A. .. 8/1 6/20. 1 3 Exhibit 3: Seattlegov website showingNE 130th street end as a Seattle shoreline street end. Strcel Use SlrcelEn?ds Edward B. Mun-av Working fur a safe. vlbram. n'mwatwn. and named I Sudan: I mafim'euoty i My?aattlu?sov (D s: gm 0 Tris Jupadmeut u: gm: astrmargfamq ?a a 55;- 1' Paosecr's Resouncss EVENTS ?aws SITE Inns): Seattle's Shoreline Street Ends Map i?hOtOS I . 9 MI 153m tin-.amt-Za" panama! host-v 1 Street Use Home mm 51 Shoreline Street 3. Ends Home ?3 M: 16mg Get Involved sham g; 9: Improve a Street 89; Rates {333II. ._-Street Ends Map 8: *5 a i: lg Photos l2" Fact Sheet mfgContact realms: mamg -534.N5115m51mam- I 033Imam?E1351 Hams mum am Fang ii-?Jdiilhlq?i 4?.617735rl22323837 We?re Here t0 Foilow Us Questions I Complains Burma mugs Navigate to: Seal?agov Home. Page Mayor?s Of?ce Business In Seattle City Contact} FAQs Social Media Sites Livmg in Seattle Cw Departments Employw villa-story Data seattie gov Visiting Seattle MySc-attle Gov City Customer Service (my services Cal: (206-) 634431? {2489) Pdil'ntr uni Beau ?n ?c-pi-rlum {nod-mm ILI?Lyu?r?'talnl? 2 15:41 Street Use Street Ends Wcumilng fer a safe. Vibrant. Immature, and HI var Edward 13- Murr?r Departments Services Staff Directory mySeattie?ov @seattleguv emua- 3r. 3 hue the-rm" rant .s??tr'mmiyguhtmg emsde 1' PROJECTS PLANNING Resounces 1? EVENTS News SITE INDEX I- Seattle's Shoreline Street Ends Map Photos 523mm .3 5?3 5 . r; . Last by SDOT on Jul 22? 2099 Street Use Home g; j- Shoreline Street :3 I Ends Home 6; g, f" 3 (a Get Involved ?1 5 . Improve a Street 5Permits Rates a 1? . .. . I Street Ends Map I photos m; mean a: -: ?1 haw? Fact Sheet ?m Contact g3 a; Himawrr Help improve Seattle's shoreline Street ends ?a . 5 .i .- '1 '53; :33 Direction; Search nearbv morey . 6&3er .. ,airmen - museum? . - I g; Mepdammem Gewte- I?enp-rmlJ-m ?ames 'Cnntacws um: my: mailman: 47 Navigate lo: We?re Here to Follow Us Seattlegev Home Page Mayor?s O?lee Qm-etluns 1 Complaints Gil??nk megs Business in wattle City Ceuneit FAQS Sacral ?iedra Sites Livmg in Mattie City Departments Employee Directory Dataaeuttleaev Visiting Sewn: My Seams Gov City Custemer Service Clty Set-wees Cell (208) 68442117 (2489) Privacy and Sealer mas-ram my ?ani?np 2.16.47 Exhibit 4: Seattle. gov website posting. of Ordinance No. 123611 with legislative markup. Handwritten page numbers added. Seamle- (2in Council Bills and Ordinances seailleguv sedition! Elites?9' . Es?! . -. e. em igesewenneo City of Seattle Legislative information Service lnformadon retrieved on juiy Council Bill Number: 117168 Ordinance Number; 123611 AN ORDINANCE relating to Shoreline Street End permits. amending the current Seattle Department of Transportation Street Usa Fee Scheduie by revising the Shoreline Street End permit fee methodology. and-repealing Section 1 and Attachment A of Ordinance 119623. Shoreline Street End' Permit Fee Methodology; and ratifying and confirming certain prior acts. Status' Passed as amended Date passed by Full Councilr May 31. 201 1 Vote: (Excused: O'Brien) Date filed with the City Clerkzjun'e 3. 201 1 Date of Mayor's sig'naturetjune 3. 201 1 (about the signature date] Date introducedlreferrEd-to committee: May 9. '20] 1 Committee: Transportation Sponsor: RASMUSSEN Com mittee- Recommendation: Pass as Amended Date of Committee Recommendation: May 24'. 201 '1 Committee Vote. 3 (Rasmussen. Burgess, Godden} - 0 Index Terms: FEES. STREETS. References/Related Documents: Related: 9W. Fiscal Note: Electronic Copy: Text ORDINANCE AN ORDINANCE relating to Shoreline Street End permits; amending the current Seattle Department oi Tiansportatbn Street U'se Fee Schedule by revising the Shoreline Street End permit fee methodology. and repealing Section 1 and Attachment A of Ordinance 1 1 9673. Shoreline Street End Permit Fee Methodology; and ratifying and Confirming certain prior acts. WHERE-A5. by Resolution 293.70. the City Council-adopted policies guiding the development of public access improvements to Shoreline Street Ends. reqw'rmg their preservation as public righ-t-of-way. establishing criteria to evaluate the suitability ofa shoreline street end for public use Improvements. and prowding that new private use permits Will be granted only When there is not a proposal for a shoreline street end irnpioVement: and WHEREAS. by Ordinance 1 19673. the City clarified the policy for the Shoreline Street End program and designated a Shoreline Street End permit type. and a fee methodology In the-Street Use Permit Fee Schedule. and WHEREAS. Section 1 5 04.074 of the Seattle Municipal Code authorl2es and directs the Seattle Department of Transportation Dlrector to prepare and recommend to the City Counc?. for passage by ordinance. a schedule of fees applicable to. all street and sidewalk use permits (referred to as the Street Use Permit Fee Schedule). commensurate with the cost of administration. review. Inspection. and policing involved in the issuance and continuance of- such permits and the use thereby-granted. and WHEREAS. Section 15.04.074 of the Seattle Municipal Code specifies "that fees fair use of the public right-of?way maytake into consideration the City's policy of discouraging e-ncroachmenrs i. hli ir-" clerk watlle 301.35. \?Di?tli Secll- l4 ?1.15:1 I Staltlc City COHEN Bills and Ordinances ll'l'COi'iSlStE-l'lt with the public's right of access toth-e shorelines or right of?w-ay. and WHEREAS. the City of Seattle's Comprehenswe Plan establishes goals for industrial areas that include preserving industrial land for industrial uses and supporting growth in the Industrial and manufacturing employment base; and WHEREAS. Attachment?. to Ordinance 1 19673 authorized the City Appraiser to establish the Street Use permit land-values based on multiple properties surroundan a shoreline street end: and WHEREAS. the 5001? Director has prepared and retommended the repeal of Section and Attachment A of the Shoreline Street End Fee Methodology Ordinance i 1967'3 and proposed an amendment to the Street Use Fee Schedule for a New Shoreline Street End to provide transparency and to simplify program administration: NOW, THEREFORE. BE iT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section l. Street Use Permit Fee Schedule, Attachment A to Ordinance l23477. as amended by Ordinance l2'3435 and Ordinance 123 600 (introduced as Council Bill 1] 7159.) Is amended as folioWS: Attachment A Street Use Permit Fee Schedule a a Per ordinance 0r council action Use Code Use Description Base Permit Occupation Fee Use Fee Fee (Long Term) (Short Term) ll Shoreline street ends [land portion] -erellnanee)) S140 mini-mum Fee ii? Fee Methodology Factors and Descriptions liltpt. Secto=Hl was 2014 10:1 5- 1 Seattle City Council Bills and Ordinances Factor Land value: Use area: Rate. of return. Description For Term permits, the value of the use area in the right~of-way shall be based on the abutting parcei?s current land value per . Moot as determined by the King County Assessor. If .the use area extends beyond the centerline or abuts multiple parce .s. the permit fee shall be calculated by averaging the abutting parc'eis' current land values. Square footage of the permitted encroachment In the right-ofvway. as authorized by Seattle Department of Transportation. Annualized rate of return (in market value of the right-of-Wa?y, as established by the City Appraiser or a State Of Washington Certified General Real Estate Appraiser retained by the Director of Trans port'ation. \NDazl 0&Scet3' 10.? Seattle City Council Bills and Ordinances Degree of alienation: For Term permits, the degree of Impact on the public, utilities. right-of?way. and other potential uses- of the right-of- wa-v based on City policy, as established by Seattle Department of Transportation. Refer to Table A: Degree of Alienation Factor? Scatil. Cit) Council Bills and Ordinance-s I. I, . .. l?i Section 2 Attachment A and Section 1 of the Shoreline Street Ends Permit Fee Methodology Ordinance I I 9.6? 3. which is shown In Attachment of this ordinance. is repealed. Section 3. Shoreline Street End permit fee Implementation schedule. Shoreline Street End permits existing on the effective date of this ordinance shall have new annual fees applied starting on January I. 201 as authorized In Section 4' of this ordinance. All new Shoreline Street End permits that may be approved by the. Director of Trans portation after the effective date of this ordinance shall have the annual fees applied using the new methodology adopted In Section I of this ordinance. Section 4 Shoreline Street End permit fee phaSe-in schedule. Annual Shoreline Street End permit fee: for existing Shoreline Street End permits shall be phased in over a four - year period from MI 1 through 2014.. Starting in January 201i. the annual permit fee will increase by 25 percent _of the difference between the 2010 annual Shoreline Street End permit fee and the new 'Shoreiine- Street End permit fee based on the Shoreline Street End permit fee methodology. In 2m 2. the annual Shoreline Street End permu fee will increase to 50 percent of the difference between the 2010 annual. Shoreline Street End permit fee and the 2012 permit fee based on the Shoreline Street End permit fee methodology. in 20l 3-. the annual Shoreline Street End permit fee Will increase to 3?5 percent of the difference between the 2010 annual Sharellne Street End permit fee and the 2013 permit fee based on the Shoreline Street End permit fee methodology. Starting inJanuary 2014. the annual Shoreline Street End permit fee will increase tothe full new annual Shoreline Street End permit fee based on the Shorellne Street End permit fee methodology. By the end of 2014. the phase-In period Will be complete and all existing Shoreline Street End permits will .be determined using the Shoreline Street End permit fee methodology on an annual cycle. The new annual Shoreline Street End permit fee authorized by this ordinance will be applied starting ananuar?y 20-li and will not be phased in if the fee ls less than the 20H) annual Shoreline Street End permit fee for an existing Shoreline Street End permit. or a new permit for an Shoreline Street End use Is Issued after the effective date of this ordinance. Section 5. Sections 3 and 4 of this ordinance shall apply retroaCtively to the extent necessary to ensure their application to periods of time occurring before the effective date of this ordinance. In no event shall a Shoreline Street End permit be subject to an annual fee or fees for-20] in a total amount that exceeds the fee authorized by Sections 3 and 4 of this ordinance. Section 6. The provisions of this ordinance are declared to be separate and severable?. The invalidity of any portion of this ordinance. or the invalidity of Its application to any person or circumstance. shall not affect the validity of the remainder of this ordinance,-or the validity of its application to other persons. or circumstances. Section 7. Ratify and Cori-firm. Any act consistent with the authority of this ordinance taken-prior to its effective date is ratified and Section 3. This ordinance shall take effect and be in force 30 data from and after Its approval by the Mayor. but If not approi'ved and returned by the Mayor within ten days after presentation. It shall take effect'as prowded by Seattle Muniupal Code Section. 1 .04 020. Passed by the City Council the day of 201 and Signed by me in open sesSIon In authentication of its passage this day of 2'01 i. President the City Council Approved by me this day of 20] I. Michael McGinn. Mayor Filed by me this day-of 20] l. Monica Martiniez Simmons.- City Clerk (Seal) Attachment A: Demand Probability Factor Attachment E: Section 1 and AttachmentAof Ordinance ?9673' Brian de SDOT Shoreline Street End Fee Schedule 0RD May 23. 20] I Version #9 Attachment A: Demand Probability Factor Shoreline Street End Shoreline Street End Name: Demand- Piobabliity: i Number: i Imp. ?clerk iconic-gm asz=ass=asecu aw 13M convex-ecto- imam-=4 lihf-Gl??l-S?l) l-i- i0. 1 s. Seattle City Council Bills and Ordinances .4 SW Alaskan Street 0 50 10 SW Bronson Street 1.0 :12. Chelan Avenue SW 0.50 I ?27 South Front Street 0.50 I 132 South Riversrde Drive (north) 0.50 I i3 3 i??th Avenue South 0 50 3'34 Soutthverside Drive (south) 0.50 l? 72 Avenue South 0.50 I . I '42 South Norfolk Street 0.50. i I :43 South Perry Street 0.25. i. 1?45 South Willow Street 0.25. i South Warsaw Street 0.50 :48 South Eddy Street 0.50 ?49 South Holgate Street 0 to ?50 South Massachusetts Street .0 50 ;'52 South Irving Street 0.50 '53 South Jud-kins Street 0.50 :56 south D'earborn Street 0.25 :60 East Pine Street 0.50 East Olive Street 0' 50 i i j63 East Harrison Street 0.50 :54 East Mercer Street (water side portion] 0.50 i 164 East Mercer Street [land side portion) 0.25 I ?69 East Roanoke Street (east) 0.75 i i :71 East Hamlin Street (east) 0 25 i (a Imp:??cletlescattlegov .3552- ?Nb?tl- -U&Sco12:Tl Haw" 325%? Fpublit?il [the Mme}: r=-l (H 7? [$20 14' 10.15:[ I Seattle City Cauncil Bills and Ordinances "72. East Shelby Street 0.50 Eesr Aillson Street (east) 0?25 74 East Martin Street (east) 0,25 1 i ?75 University Bridge (south) 1,0 5 :77. East Martin Street (West) I 0 in East Allisnn Street (we-st) 1.0 i 1'80 East Edgar Street (west) LU- East Roanoke Street (west) 1.0 is: East Louisa Street "1.0 ?83 East Boston Street 1.0 4' East Newton Street I .0 I 386 Terry Avenue North I .0 I ?89 Crockett Street 1 I '90 McGraw Street 1.0 ['93 6th Avenue West 0 50 3 1100 West Cremer Street 0.50 .102 47?? Avenue Wes-t 0? 3 0 F103 48"? Avenue West 9- I 0 i . i194 West Bertena Street 0.25 I ?105 WestiDraVUS Street 0 25 El 07 West Armour Street 0.25 {108 we? Raye Street 0.25 i 1 . {109 West McGra?w Street 0.25 I 0.25 I i 1113 32nd Avenue West 7 fa?clerk senltlegow' Sect5=t BORE Hm? ?613Mi] Seattle City Council Bills and Ordinances II I 4 Broad Street 1.0 e" 115 Vine Street 1.0 5 1 18 University Street .1 .0 i .119 Madison Str'eet 1 . . I 122 NE 135*? Street 0'50 5 I . 1125 NE 85th Street 0.25 i ['125 NE 4 3rd Street 0.50 i i i 3122 515?Avanue-NE 0-50 1 I i a ['30 NE 31? Street 0.50 I I 132 Brooklyn Ave-nae NE LG I 'l il 33 Eastlake Avenue NE/UniVer-slty Bridge ii 3.4 Latona Avenue NE 1.0 i 1135 Sunnysude Avenue NE '1 0 i i137 NW 39"h Street 0-50 . 133 6th AvenUE Bowdoln Place 050 {139 Street 0.50 I 140 1 Avenue NW 0.50 43 20"? Avenue NW 0.5-0 E. 0w 0.5-0 47 m3?? AYEQEEM - Attachment B: Section 1 and Attachment A of Ordinance l9'673 Attachment B: Section 1 and Attachment A of Ordinance 119673 Mp. 2014 was w; Scan]: City Council Him.- and Ordinances choll 10:15:11 Seattle City Camlcil Bills and Ordinances .-: 3'3? 1'1! 9. NEE ?i Home Le'glslatlve Records Municipal Code 3 City Charter Municipal 7 All Resources Feedback [0 1&u .61.: 5?014 10:15rll Seattle City Council Bills and Ordinances; LL Exhibit 5: 2012 Street End Use Permit to Hartman for south one-half of NE 135 shoreline street end. Seattle Dept of Transponotion Permit No; _3390g[ it" 1.3.;Streat Use Permits. 23rd Floor p? 700 Fifth Ave. Suite 2300 0 BOX 34996 Seattle. WA 98124?4995 loopeotor: Annual Permits Inspection District: NORTHEAST Address: 13254 RIVIERA Application Date: 5116(06 12:22 pm Details: STREET END SITE #122 NE 135TH ST locus Bats: 5116105 12:22 pm mamas Primary Applicant) Role Home I Address P'hone- From To HARTMAN. .CHERLY 13254 RIVIERA PL NE. 25 (cocoon-0000 THOMAS . . PERMITTED uses First Day of Occupancn: Year Payment Terms: ALL OTC Use Space Sq, Ft. Uco Description Conditions 11 A 1.800 SITE #122 FENCED YARD EXTENSION. Shoreline. 2612' 50% phages in toes: $88.2? land value 1800 of 8% rate sir-not ands (land portion) . of return it 50% demand probability $632155 CONDITIONS of USE ELIMINATE ILLICIT CONNECTIONSJO STORM Identify all drains on the property, dye or 'smoko test drains to verify proper connections. Fix "improperly plumbed drains. inspect. maintain function. clean-and repair structures, pipe fittings. and containers. and replace as needed Document corrections. PERFORM ROUTINE MAINTENANCE FOR Only rainwater is permitted to discharge to the separated sewage system. Which roaches surface wators and Puget Sound without treatment. DISPOSE OF WASTE FLUIDS AND SOLIDS PROPERLY -.Label and properly store solid, liquid and waste materials. HISBM P4: SWEEP THE SITE FREQUENTLY RATHER THAN USING WATER TO CLEAN SURFACES -.Glean storage areas ?-?cquently. Maintain a Spill Prevention and Cleamup plan, which Il?lOile?s maintaining stocked spill lots and a training program. Proparly clean-up spills and disposal of all contaminated materials including souls. PROVIDE OVERSIGHT AND-TRAINING FOR STAFF - Training must include source control. pollution prevention and proper clean-up of spills. . WATER RUNOFF - Rain. surface, or potable water which comes In contact With'leachable. spillabla or erodoble materials, In use or stored. must on consoled and troatod hetero being disposed to sanitary. separated or natural drainage systems Ponnission to discharge must be requested-from King county in the case of sanitary sewer or Dept of Etiology. in the case of separated or natural systems. PERMITTED ACTIVITIES PERMITTED ACTIVITIES - only activities directly related to material 510er soon as loading. unleading or securing of non-hazardous materials are allows: under this permit. PROHIBITED ACTIVITIES PROHIBITED ACTIVITIES - No commercial. industrial or manufacturing activities or operations are permitted in the right of way under the material storage permit. Activities that contribute pollutants to the ground.- surface water and "a Ir are prohibited. These activities include but are not limited to: repair. fabricatio- bui'dns- FEES 5 Printed: Thursday. November 21, 2013 Page 1 of4 -.., I Seattle .DeptofTransportation STREET END Permit No: tagg?] of}? Street Use 23rd Floor 700 Filth Ave. Suate 2300.- Box 34996 Seattle. WA 9812444996 Description Date Ambunt OCCUPATION FEE - USE 11 - SPACE A 56.30000 OCCUPATION FEE - USE 11 - SPACE A 12l20l2007 $6300.00 OCCUPATION FEE USE 11 SPACEA 1214:9008 $5300.00 OCCUPATION FEE - USE 11 SPACE A 12I4I2009 $6,300.00 OCCUPATION FEE - USE 11 - SPACEA 1259.010 50.30000 OCCUPATION FEE - USE 11 SPACE A 11!?!2011 $0,363.37 OCCUPATION FEE - USE 1-1 - SPACE A 121'6l2012 Totals: $44,190.92 STREET USE INSPECTOR Permitl'ee Annual Permits (206) 684-5267 Director For . GENERAL REQUIREM ENTS nted Scattlc Municipal Code (Sixth?)2 (Itaptcr 04. forhse an?dlo'r occupancy of the public Nature afoot-mil. This permit is issued pursuant to the This per-mu is wholly of a temporary naturo. vests no permanent rights right-of?way Consistent the terms and Conditions set forth herein. whatso ever,- and is revocable pursuant to SMC IS 04.070 Aeoepmnce of terms, conditions. and requirements. Permittee accepts the terms, conditions: and require-mo with them to the satisfaction 01'1th Seattle Department Shoot Use 0] such other agency as may of Seattle Pcrmittcc [lurch-or angcs to comply With all applicable oily ordinances, including but not limited to Title 15 8M0, requirements oF-statc and federal law fopy ofpermr?f. A copy of the issued porn-tit and approved plans must he on site and available at all times; Expiration td'pormlt. This permit shall remain valld. until. lm ol?ccd pursuant to SMC [104.070, provided that, the permit shall expire automatically it"tho authorich work does not begin with in six- months from the date the permit is issued Superwrigwaiwei Inqafovement Permit. What .1 Street Improvement Permit exists, the rights acquired under the Street Improvement supersedes those acquired under an) oil-tor Use or litllity Permits Compliance with technical requirements and standards. All work with nit of this permit and agrees to comply ho designated. by the City and all applicable Permit in the public righl-Ol- way shall ho pcrformed and completed in accordance will requirements. sol forth in "the following technioal documents published by tho City of Seattle, as now or horcal-tcr amended: Right~ot~Way Improvcmoms- Manual; Standard Speci?cations for Road, Budge, and Municipal. Construction; Standard Plans for Municipal Construction Street and Sidewalk Pavement Opening and Rostoration Rule; and Tra?ic Cont: ol Manual for- In-Stroot Work. Soaps of Work. The Permitted shall construct the improvements re?ected in, nod 111 accordance with, this mil and the City approved most: action plans. Any and all rot isions. omissions and I or oddi?tlon's to the Scope 0! work shat-I be renewed and approved by the City prior to implementation. Street Use Noti?cation Construction work may be completed in several phases; silo primal-alien (butting up traffic; control, sawotllting, otcl, ground "breaking, and restoration. "Before beginning any pha'So of work in the public Pormitloo shall notify Street Use ol'oach "start ditto. Pcrm?tco "shall be responsible for notifying- Use lob Start at (206) 68-1-5270 orminimum of 2' bus-mes? days. prior to the start of work and provide the followmg information. Permit Number Job Silt: Address Start Date - Please specify if I- B?ricf Work Doscnpuon Job Site Contact Name and Phone Number Failu: to do so? shall tcsull in a penalty ot?S300 or ouch-othct amount as may he Established pursuant to SMC 15 04.074 i' or Sit-act Improvement Permits and Major Utility Pctmits. a proconstruut-ion meeting ia required pl'l'OI to the start ol construction inspectot? shall be noti?ed a minimum. oi 2 business days put): to required impaction-ts. may not?'ication prior to grouni! disturbance. 'l'he shall call UllIIl} Un hours'prlor .to ground disturbance. Public notifigariou'. Permitt'cc shall notify all potentially utihcto'd and rigl'tt-olT-wav. Coordination of writ. In" performmg work autltori'zod by right-manta)? to minimize the impact to the public. Hours of work". Work performed mlhin tho public right-ofuway ?hall occur only during hours authorized under all applicahlc codes, mgulatious, rulos and pcnnils. ob Start daze ia the some as the Ericavation date. if the dates are dil-l?crcnu plcaseprowdc both dates. and the assigned derground Loaalo?r Cont-oi (lg-8004244555) a minimum ill 45 at least one week prior restarting work Within the public this permit, the Fermiltce Shall coordinate with other contractors working to the public Thursday, November 21. 2013 Page 2 of 4 I 01,. I I5. I65 I7. I58. Seattle Clout of Transportation - -- . Street Use Perri-tits. 23rd Floor Permit No" 3.3905] 7'00 Fifth Ave. Suite 2300 0 Box 34996 Seattle, WA 98124-4996 Work. Work outside of normal working been. (8:00 um ?6:00 pm Monday through Friday) requires a minimum of 3 business days advanced notice to the ?trio?! Street the on Supervisor prior to the off hours work. Work outside of normal working hours may also require a separate approved traf?c control plan. A minimum on hOn-ts of inspection time Will be charged for inspire-lion outside of normal working hours in the premium rate. A Step Work order andlor .3 Citation may he issued for failure to notify a minimum of 3 business days in not once. Inspection fees. Pennittee shall pay for City inspections of work authoriZed under this permit per the current fee schedule as established pursuant to 15.04.074, and to cover all other associated costs. Billing. All ?ea and costs billed pursuant to this permit shall be paid to the City of Seattle within 30 days From the date ol?the invoi'te. Past due invoices may be subject to interest charges and 2' or sent to collections. Deposits, Charges, (on! Future Billings. The Permittee is responsible for all pen-nit charges. Il?n deposit was made for estimated future- st'reet use services. any unused portion of the deposit shall be refunded to the Permittee. Any charges in excess or the deposit shall be billed to the Permit-tee. Corrective Work. The Pemiittee IS responsible for any additional costs incurred by the City reuniting from temporary or wrreetive measures required to bring the work men in. compliance With standard-b that apply. including, but not limited to, temporary traffic control- requirements for temporary stabilization and temporary restoration when the Penmttee is not on site. Indemni?cation. The Petmittet; agrees to defend. indemnify, antlho'l'd harmless the Citt of Scuttle, its officials". otlieers, employees. and agents against. any liability. claims. causes of when, judgments, or including rousonable attorney foes. resulting directly or indirectly Born any act or omission of the Ponnittoe, its" contractors, Subcontractors, anyone direet-ly or indirectly employed by them. and anyone for whose "acts or omissions they may be liable, arising out oi? the Permittee?s use or occupancy of the public right-ot-woy; and all lose by the failure of the Per-mitten to fully or adequately perform, in any respect. all authorizations or obligations under this Permit STREET END EXISTING IMPROVEM 2. Costs of damage to ?113; prepaid): and improvements. Permittee shall be responsible for the costs oi" reporting any damage to city property or improvements resulting from performed by or on behalf of the Permittee truth in the public right-01m uy; L'tr'l?ior protection. The Permittee shall be responsible for checking locations and providing adequate protection for all utilities in the work area. Utility-relocation. The Permittee shall be responsible for notifying attested utilities and requesting any necessary relocation. Survey monuments. Prior to removing, destroying, disturbing, or covering a survey monument, such that the survey point is no longer visible or readily acceSsibio. Pennittee shull obtain a permit from the Department of Natural Resources- pursuant to Washington Administrative Code, Chapter 332420. I. Printed: Bee: mnegemenr practices required lite Porn-litter: shall be responsible for the control of surlaue runo??, crosmn and net-liment at the construction sue. as required by: the Stormwater Code {Title 22 Subtitle Shit), th't? Standard Specifications for Road, Bridge, and Municipal Construction and Department oi Planning and Du-Velopment Director?s Rule 16-2000, as non ot heron-tier amended. he site and the surrounding area shall generally be kept clean and tree at construction debris or other material, including but not limited to mud, dust rock. asphalt, and concrete Waste materials shall be collected and disposed of at an appropriate disposal site. ?they: mates ials shall be prevented ??om entering any part of the public sewer and storm drain syStem. and any surface waters. TS Compliance with the Tra?ic Contra! Manual for Work. in order to plot-id's safe and effective. work areas and to ward, control, protect. and expedite vehicular and pedestrian tratiie signage for all construction it ?uhin the public riglzi-ofrwoy shall comply with the Liity of Seattle 'l?ruf?c Control Manual for lit-Street Work, as now or hereafter amended. When required. "the conditions on the t1 o?ie control plan shall supercede on) conflicting provisions or requirements in the City of Seattle Manual for In Street Work. A copy ot?the current City of Seattle Traf?c Control Manual for lit-Street. Work, and approved traf?c control plan when roqtiired, shall hi. on site at all times. I Limes to remain open during peak hours. Traf?c lanes shall not be closed during the following peak hours: am and 3:00 poi-7'00 pm. in the Central Buniruzss District and 7'00 ant-9:00 am and 4.00 pine-6:00 pr?n- for uric-nah. els;w.hen; in the (?fty, unless rpeci?call)? noted. "on the approved ire-flit: control plan. Moirafaln access. Access shall be maintained or accommodated our-mg Mam:- traf?c-lanes. Temporary tm-l?l?re lanes erected during the permitted work shall" he a minimum or II feet in width. unless otherwise approved on the out?t: contzol plan. Working within restricted curb spaces. When the protect impacts a restricted curb space. such as parking stalls. meters pay stations. and related signage, the Formula: shall obtain perm-isswn li'om l?ral?lie Monagcment'prtor to the soot bi work. Contact the Traf?c Engineers at (206) 684-6086 prior to the start of work. Tammany No Parking Signs and onsets. In areas Without parking pay stations or parking meters. establishing a Temporary No. Parking Zone requires p-laeementof type or 1?49. euwels, and completion ot?un onlme notification form in conformance With the Traf?c ('tmtrol Manual for Werk. The: Pennit?tce shall contatt ?l"rul?e Permit Counter when working. in pay-to-parlt areas (meters or pay station controlled). thkt?tlnw Illumination. Four 01 more Type warning lights of suf?cient brilliance to be seen from 500 feet must be maintained at all times during the hours oftinrkness at the points el obstruction or excavation ot?uny Thu rsday, November 21. 2013 Page 3. of 4 Seat?e Dept of Franspo?a?tion Parmit Na; 33905 :5 Street Use Permits. 23rd Floor I - A. 7-00 Awe. 0 Be?: 34996 Seams. WA 981244996 Printed: Thursday. NOV-ember 2?1, 2013 Page 4 0M Exhibit 6: 2013 Street End Use Permit to Gustav for north one-half ofNE 135 Shoreline street end. ,pmm Seattle DoptofTransportation STREET END PsrmitNos 33025! i Street-Use Permits, 23rd Fifth Me. Me 2300 Job END #122 - NE 135TH ST 0 Box 34996 Seattle. WA 98124?4996 Inspector: Annual Permits LOCATION Inspection District: NORTHEAST Address: 13504 RIVIERA PL NE Application Data: 51906 9:26 am Details: STREET END SITE #122 - NE 135TH ST - issue Oats: 53.9306 9.27 am PARTIES Primary Applicant]- Rolo Name Address Phone From To *Psnnittos JANSSON. GUSTAV Ri FA WONG, 1 3504 RIVIERA PL NE.S-EATTLE.WA.93125 (000)000-0000 PERMITTED uses First Day of Occupation: 10:23:00 First Year Payment Terms: ALL OTC Use Space sq. Ft. Use Description Conditions 11 A 2.100 SITE #122 - FENCE YARD 2013 75% phase in fea: $93.17 land values 2100 sf 8% rats of Shoreline street ends {land portion} return 50% demand probability 17. Credit of $1,501 36 for due to incorrect KC land value applied to this tri?ing. 2013 fees assessed to reflect credit. CONDITIONS of USE . CONNECTIONS TO STORM identify all drains on the property. dye or smoke test drains to verify prpper connections; Fix Improperly plumbed drains. I_ns.psct. maintain function. clean and repair structures. pipe fittings. and containers. anti replace as needed. Document corrections. . PERFORM ROUTINE MAINTENANCE FOR STORM BRAINS. a Only rainwater Is permitted to discharge to the separated sewage system. whio'h- reaches su rfaos waters and Puget Sound without treatment. moms DISPOSE OF WASTE FLUIDS AND SOLIDS PROPERLY Label and properly store solid. liquid and waste materials. SWEEP THE SITE FREQUENTLY RATHER THAN USING WATER TO CLEAN SURFACES - Clean storage areas frequently. Maintain a Spill Prevention and Clean-up plan. which includes maintaining stocked spill kits and straining program. Properly Clean-up Spills and disposal of all contaminated materials Including soils. ms SHIPS PROVIDE OVERSIGHT AND TRAINING FOR STAFF- Trainlng must include Source control. pollution prevention and proper clean?up of spills. WATER RUNOFF - Rain. surface. or potable water which comes in con?tacf with leaohable. Spillable or erodable materials. in use or stored. must be collected and treated. before lasing disposed to sanitary. separated or natural drainage systeltns. Permission to dlsohsrge must be requested from King County in the case of sanitary sewer or Dept of Ecology. in the case of separated or natural systems. PERMITTED ACTIVITIES PERMITTED ACTIVITIES - Only activities directly related to malarial storage such as loading. unloading or securing of non-hazardous motorists are alloweq under this peanut Paonisirso ACTIVITIES . PROHIBITED ACTIVITIES - No commercial. Industrial or manufacturing activities preparations are permitted in the right of way under the material storage permit. Actiultles that contribute pollutants to the .grou nd. surface water and air are prohibited. Those include but are not-limited-io: repair. maintenance. processing. mixing. manufacturing. fabricating. building, ?nishing. painting .. coating and composting. FEES . Printed? Thursday. November 21. 2013 Page 1 of4 I Permit No: 3-3025l STREET END Job No. END #122 - 13.5TFI ST Street Use Permits. 23rd Floor 700 Fifth Ave. Suite 2300 PO Box 34996 Seattle. WA 98124-4996 Description Date Amount OCCUPATION FEE USE 1-1 SPACEA 111222006 $7,350.00 OCCUPATION FEE- USE 11 - SPACE A 11(1712007 $7,350.00 OCCUPATEON FEE USE ?l?l - SPACEA 1111312008 $7,350.00 OCCUPATION FEE USE 11 SPACEA 11l4l2009' $7350.00 OCCUPATION FEE use 11' SPACEA 1213:2010 $7,350.00 OCCUPATION FEE - USE 11 - SPACE A 11!?!2011 $9,062 22 OCCUPATION FEE - USE 11 - SPACE A 136M012 $9,062.22 Totals: $54,574.44 STREET USE INSPECTOR Annual Permits (.206) 684-5267 Perrhittae Director Per GENERAL REQUIE II 9. .10. U. I2. Printed; Nature ofpemdr. This permit is issued putnuant to-the Seattle Municipal Code (SMC). Chapter 15.04, tor use wtdfor occupancy of the public 'rigltt-of-way- consistent with the terms and conditions set forth herein. The. permit is wholly of a temporary palate, vests no pennancnl' rights whatsbever. and is revocable put-Suant to SMC 15 04 070.. - Acceptance af?rms?, conditions, and requirements. accepts the terms, conditions, and of this permit and aglecs to comply with them to the satisfaction of the Seattle Dc'pattment-ol Ital-tsportahon, Street 113:; Diwsitm, or such other agency as may be designated by the City at Seattle. Pcrmittce further agrees to comply with all applicable city ordinances, including but not limited to Title 15 SMC, and all applicable requirements of State and federal law._ Copy of permit. A copy of the issued permit and approved plans must be on site and amiable at all times. Expiration of pernu'r. This pemtit shall remarn val-1d until revoked pursuant to SMC 1104.070; promoted that. the pennil shall expire automatically if the authorized work does not beg-in Within six month: from the date the permit is isSuc?d. Superiority of Street Improvement Permit. When a Street Improvement. Permit exists, the rights acquired under the Street Improvement Perm-rt supersedes those acquired under any other Street Use or Utility Permits. Committee with technical requirements and standards. All work within the pub lit. right-ol-way shall be performed and? completed in accordance with requirements set forth in the following technical documents published by the City of Seattle, as now or hctcal?ler amended: Manual. Standard Speci?cations fut Road. Bridge, and Mummpal Construction; Standard Plans for Municipal Coast-motion. Sheet and Sidewalk Pavement Opening and Rector-anon Rule, and Tra?ic Control Manual for lit-Street Work. Scope of Work. it he shall construct the Improvements re?ected at, and in accordance'withz tins permit and the City approyed construction plans._ Any and all revisions. omissions and or additions to the scope of work shall be reviewed and approwd by the City pnur to implementation Street UseNoll?catlon. Construction nor-L may be completed In several phases. sate prepatation (setting up traf?c control, sawcuttmg, etc), ground breaking, and maturation Before beginning any phase 01? Work in public right?ofvway. the Peomuee shall notify Street {lac of each start date. Pelmittce' shall be responsible for notliylng-?iireet Use Job Start at (206) 634-5270 or 5'1 1! Imam-turn 012 business days- prlor to the start of wort. and provide the followmg in?lonnauan. Permit Number Job Site Address Start Date - Please spccil?y if Job Start datcis the same as the-[1' xca'vatt on date il? the dates are duller'cnt, both dates. Briel' Work Description Job Site Contact Name and Phonc'Numbcr Failure to do "so shall result in a penalty 01?3300 such other amount as may be established pursuant to SMC 15 04.074 For Improvement Permits and Major Utility Pennits, a preconstruction Meeting 15 required prior to the start of construction and the assigned inspecitnr shall be noti?ed a minimum ol?2 'busine?n days prior. to required inspections, Utilio' noti?cation prior no ground disturbance. The Pcrmittco shall call Utility Underground Locate; Center ti 6004245555). a minimum off-43 hours prior to ground. disturbance. Public noti?cation. Permittec shall notify all potentially affected residents and businesses. right-ol-way. Coordination of work in pe?rfonni-ng work authorized by this permit, the Permittee sh right?ot?-way to minimize the impact to the public. Home of work. Work performed within the public right-oii-way shall occur only during hour-s authorized under all applicable codes, regulatlon's. rules and permits. at least one week print to 51ml ng work Within the public all coordinate other contractors working in the public Thursday, November 21. 2013 Page 2 of 4 :F?m Seattle Dept ofT rt t? . . ?ares pem?l?lld 1:22. STREET END PERitilT 1 Permit No? I 33025! my?" 700 Fl?h Ave. Suite 2300 Job END #122 - NE 135TH ST 0 Box 34996 Seattle. WA oat 24-4995 13. Q??lHour Work. Work outside of normal working hours (8:00 on": 6-00 pm Monday through Friday) requires a minimum of 3 business "days advanced notice to the SDOT Street Use Inspection Supervisor prior to the off hours work. Work outside of normal working hours may also redone a separate approved traf?c control plan. A minimum ot?2 hours of inspection time will be charged for inspect-ion outside of normal working hours at the premium rate. A Stop Work Order-anoint 3 Citation may be issued for failure to notify a minimum of 3 business days in advance. N. Inspectioofoes. Permittee shall pay for City inspections of win-k authorized under this permit pin the current fee schedule as established pursuant to SMC 15.04.0134, and tut-cover all other associated costs. 15. Billing. All fees and costs billed pursuant to this permit shall be paid to the City of Seattle within ?30 days from the date of the invoice. Past duo invoices may be subject to interest charges and 1 or sent to collections. I6. Deposits. Charges, and Footie Billings. The Permittee is responsible for all pcnnit charges. If a deposit was made for estimate-d future street uso services, any unused portion of the deposit shall be refunded to the Pcmtiltcc. Any charges in excess of'thc deposit shall be billed to Corrective Work. The Permitlee is responsible for any additional costs b} the City resulting from temporary or corrective measures required to bring the werk area in compliance with standards that apply. including, but not unmea- to, temporary traf?c control, requirements for temporary structures. temporaw'stabilizatlon and temporary restoration when the Permittee is not on site. 18. fodmoi?colion. 'Il-ic Permittce agrees to indemnify, and hold harmless the City of Seattle. its of?cials. of?cers, employees. and agents against. any liability, claims. causes of action. judgments. or expenses. including reasonable attorncy fees. resulting directly 0r fiom any act or omission of the Permittee. its contractors. subcontt actors. anyone directly or. indirectly employed by them. and anyone for whose acts or omissions they may be liable. arising out-of the Permittee?s use or occupancy of the, public right-of-way?. and (2) all loss by the failure of the Pennittee to fully or adequately perform. in any respect, all authonzations or obligations under this Per-mil. EXISTINQ 1. Costs of damage to City property not! Irnprovomems. Pennirtce shall be responsible for the. costs .of' repairing any damage to city property or improvements resulting from ?outperformed by or on behalf of the Permittee within the public rightuo'f-way. 2. Utility protection. The Peron-nee shall be responsible for checking locations and providing adequate protection fol all. utilities in the work area. 3. Utility relocation; The Permittce shall be responsible for notifying attested utilities and requesting any necessary relocation. 4 Survey monuments. Prior to removing. destroying. disturbing, or covering a survey monument. such that the survey pomt is no longer visible or readily accesSEble. Pea-mitten shall Obtain apcrmit from the Department of Natural Resources pursuant to Washington Administrative Code. Chapter 332420 ENVIROEM ENTAL .7, Beef management practices required. Tho-Pctmittcc shall he reaponsible for the control of surface runoff. erosion and sediment at the construction site. as required by: the. Stormwater Code {Title 22 SMC). the Standard Speci?cations for Road. Bridge. and Municipal Construction and Department of Planning and Development Director's Rule 16-2000. as now or hereafter amended. The Site and the surrounding area shall generally be kept clean and free of construction debris or other material, including but not limited to mud. dust. rock. asphalt. and concrete. Waste materials shall be collected and disposed of at an appropriate disposal site. These materials shall be prevented from entering any part of the public- sewer and storm drain. system, and any surface waters. T35. EPIC REQ J. Compliance with the male Comm! Manual for Work. In order to provide safe and allottch work areas and to ward-control, protect, and expedite vehicular and pedestrian traf?c, signage for all construction within the public right-of-way shall cumpl'y with the City of Seattle Traf?c Control Manual for Iii-Street Work. as. now or hereafter amended When required, the conditions on the traf?c control. plan shall superce'de any conflicting provisions or requirements in the City '01" Seattle Manual for in Street work- A copy of the current City of Seattle Traf?c Control Manna] fol In-Sl-?reet Work. and approved traf?c control plan. when required. shall he on site at all times 2. Lane: to remain open duringpeoa hours. 'l-?raf?c lanes shall not be closed. during the following peak hours: 6:00 am-9:00 am and pm in the Central Business? District, and Tilt) ant-9:00 am and 4.00 pm-oOO pm for arterials- elsewhere in the City. unless speci?cally noted" on the approved tra?ic control plan. 3. Maintain access. Access shall be maintained or accommodated during construction. of. of temporary tro?h: lanes. Temporary traf?c lanes created durlng- the permitted work- shall be a minimum. of II feet in tu-d'th. unless otherwise approved on the traf?c control plan. 5. Working within restricted curb spaces. When the proioct impacts a restricted curb space. such as parking rstalls, meters. pay stations; and related Signage. the Pcrmittee shall" obtain permission from 3001? 'llrafflc Management prior to the start of wont Contact the 'l-?ra??ic Engineers at (206:) 684-5086 prior to the. start ofwork. 6. Temporon' No Parking signs and onsets. In areas without park-nip. pay stations or parking meters. establishing a Temporary No Parking Zone requires placement of type or T49 canals. and completion of an onlinc veri?cation than in with the Tm?ic Control Manual for Work. 1113 l?cnnittcc shallcontact SDO F?s. 'l?ra-f?c. Porn-tit Counter when working In pay-'lo-park areas [meters or. pay stattc'in controlled) Nighttime Illumination. Four or more Type warning ll of eroticism brilliance to soon from 500 foot. must be maintained at all tit-nos during the hours of darkness at the points olobstrucnon or excavation of any Printed. 1 55.25PM Thursday. November 21. 2013 Page 3 of4 Seattle Dept of Transportation ET END Permit No; 33025l 700 Fifth Ave] Suite 2300 Job 0 Box 34996 Seattle. WA 93124-4995 Pranted 55.25-PM Thursday. November 21, 2013 Page 4 0M Exhibit 7: Seattle Legislative Department ?le for Ordinance No. 123611. . minim gene?ing. Hw~fu . 'w .T.cmi. 4- 5,relating to Shoreline Street End f! permits; amending the current Seattle I Department of Transbertat'ion' Street Use Fee Scheduie by revising the Shoreline Street End is - germit fee methodology, and repeaIing Sectign 1 and Attachment A of Ordinance 119673, Shoreline Street End Permit Fee Methodology; and ratifying and confirming certain prior acts. true" I..- pram Hit: 0 ?ee.Lwh_ Qaig?nmd?g erg". In": Meier; . I - I 9' "hw?ln?i?im'wwai??r-qrp-wvmt?we-m - - Brian de PlaceMichacl Jenkins SDOT Shoreline Street End Fee Schedule 0RD May 2?3, 20:] Version-#9 ORDINANCE ll?? l. AN ORDINANCE relating to Shoreline Street End permits; amending- the. current Seattle Department of Transportatidn Street Use. Fee Schedule by revising the Shoreline Street End permit fee methodology, and repealing Section 1 and Attachrnent A of Ordinance 11 96.73, Shoreline Street End Permit. Fee Methodology; and ratifying and con?rming certain prior acts. WHEREAS, by Resolution229'3 70, the City Council adapted policies guiding the development of public access improvements to Shoreline StreetEnds, requiring their preservation as public right-of?Way, establishing criteria to evaluate the suitability of a Shoreline street and for public use improvements, and providing that new private use. permits will be granted only when there is not a proposal for a shoreline street and improvement; and WHEREAS, by Ordinance 119673, the City clari?ed the policy for the Shoreline Street. End pregram and designated a Shoreline Street End permit type, and a fee methodology in the Street Use Permit Fee Schedule; and WHEREAS, Section 15,04,074 of. the Seattle Municipal Code authorizes and directs the Seattle. Department of TranSporta-tion (SDOT) Director to prepare and recommend to the City Council, for passage by ordinance, a schedule of fees applicable to all street and sidewalk use permits (referred to as the Street Use Permit Fee Schedule), commensurate with the cost of administration, review, inspection, and policing involved in the issuance and. continuance of such permits "and the Use thereby granted; and. WHEREAS, Section 15.04.074 ofthe Seattle Municipal Code speci?es that fees'for use of the. public right-of-way may. take into consideration the City?s policy of discouraging encroachments inconsistent. with the public?s right of access to the shorelines or right-of- way; and . WHEREAS, the City of Seattle's Comprehensive Plan establishes goals for industrial areas that include preserving industrial land for industrial uses and supporting growth in the industrial and manufacturing employment base; and WHEREAS, Attachment A to Ordinance 119673 authorized the City Appraiser to. establish the Street Use permit land values based on multiple properties Surrounding a shereline street end;. and WHEREAS, the SDOT Director. has prepared and recommended the repeal of Section 1_ and Attachment A of the Shoreline Street End Fee Methodology Ordinance '1 19673 and proposed an amendment to the Street Use Fee Schedule for a new Shoreline Street End. to provide transparency and to simplify program administration; NOW, Form Last Revised on August 9, 2010 I Ian dc Piece SDOT ShorelmeStreet End Fee Schedule FISC Apri128,2011 Version ll? Form revised December 1-1, 2010 FISCAL OTE FOR PROJECTS. Department: Contact Person/Phone: . CBO Seattle Department of "Brian de Place/2336855 Rebecca Guerra/684-S339? Transportation Legislation Title: AN ORDINANCE relating to ShorelineStreet End permits; amending the current Seattle Department of Transportation Street Use. Fee Schedule by revising the. Shoreline Street End permit fee methodology, and repealing Section 1 and Attachinent'A oil-Ordinance 119673, Shoreline Street Bad Permit Fee Methodology; and ratifying and con?rming certain prior acts .. Summing of the Legislation: This legislation allows the Street Use divisiOn of the Seattle Department of Transportation (SDOT) to administer a Shoreline Street. End Permit Fee Methodology as part of the Street Use Fee Schedule. The modi?ed fee methodology provides transparency. and equity, and simpli?es program administration. As part of the fee methodology, the Street Use division will apply a land value for the use area based on the abutting parcel?s King County tax assessed. value. The fee methodology takes into consideration the City policy of discouraging encroachments inconsistent. with the publio?s right of access to the shorelines or right-of-way (SMC Section 15.04 074). Shoreline Street End Permit Fee Methodology":- he Shoreline Street End Permit Fee Methodology will combine the factors of land value, use area, rate of return, and demand probability. The annual fee will be calculated as follows: Annual fee '(Land Value) x. Are-a) (Rate of Return) (Demand Probability) x. (Industrial Discount Factor) This legislation updates the definition of Land Value, which Was established in Ordinance No. 123485, passed on November .29, 2010._ The updated de?nition clari?es that the Land Value factor is the abutting parcel?s land value per square foot, and not the aggregate land value. Assessing" a. rate? of return on land has been an industry stande practice for approximately 20 years. The rate may vary between 7' and 10%. Generally, the rate of return for commercial uses is higher, around 9% to 10%, while residential uses are lower, arcand 7% to The rate of return far? 2011 is established 'at which is well within theindustry standard range of rate of return. instead of reeValuating the rate of return for each site, setting it at 8% allows the department to easily implement and administer the new methodology. It also provides clarity to applicants. 1 0 no ,citmt . Brlan dc Place 800'? Shoreline Street End Fee Schedule MSG April 28, 2011 Yemen fl? Demand Probability factors were set in 1997 by the City Appraiser. This legislation introduces an Industrial Discount Factor in support to support the City?s long?standing policies of protecting industriallyazoned land for industrial uses as stated in the City?s Comprehensive Plan. The Comprehensive Plan establishes goals for industrial areas that include preserving industrial land-for industrial uses and supporting growth in the industrial and manufacturing employment base. A 50 percent discount factor will apply to that portion of the Shoreline Street End cecupied by an industrial use if the use is identi?ed as a permitted industrial use under Section 23.50.012. The discount factor will only "apply to Shoreline Street Ends located in industrial zones as de?ned by the Seattle Municipal'Code Section There a total? of 48 Shoreline Street Ends in. industrially?zoned areas and seven active Shoreline Street End permits. There are .35 active Shoreline Street End permits that will have their new annual permit fees phased-in over a ?ve?year period, from 201.1 to 2012.. 2011 permit fees will increase by 50% of the difference between the 2-010 annual Shoreline Street End permit fee and the new Shoreline Street End permit fee based on the new Shoreline Street End permit fee methodology. By the end of 2011, the annual Shoreline Street End permit fee will be calculated at the full rate and the phase-in period will be complete. All Shoreline Street End permits will be valued using the Shoreline Street End permit fee methodology on an annual cycle. Background: (include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable): Existing Shoreline Street'E'nd Permit Fee Methodology: The City Council by Resolution 29370 adopted policies to guide the development of public access improvements to Shoreline Street Ends by requiring their preservation as public right- of-way and establishing criteria to evaluate the use of a street end. By Ordinance 1 19673, the City clari?ed the policy for- the Shoreline S-trcet End program and designated a Shoreline Street End permit type and fee methodology in the Street Use Fee Schedule. This fee methodology required a signi?cant amount of work by the City Appraiser in assessing neighborhood land values, demand probability, and barrier to entry- for the perniitte?d Shoreline Street Ends. Attachment A is a map of the Shoreline Street Ends designated as part of Resolution 29370. Attachment is a list of the permitted Shoreline Street Ends. The new Shoreline Street End term permit fee methodology willresult in an estimated new annual total base fee of $36 8,343 compared to the province base of $171,61 I, an increase of approximately 116%, which will be phaseddn over two years. Please check one of the following:- Exhibit 8: King County Department of Assessments 2015 assessment and lot data for Holmquist, Handwritten calculations of square footage and 2015 assessed per square foot value by- Kaseburg. Harm Haw dp Sun-Inn JI-nul Hlnu DE-aanmenla mind-CE?: Daliartm??t 15f van-Linn [lam-unabl- {Mimi-w - Reference - Links: ?In 3 :Jldl?ls?dlull?? SEMI-LE I r' In.? 4 Emma ?9613 ?ght? I EPmpazly Type I I an fan? Adan-s: -. '._rht l: 5 It?! i- . - . a-Zfi?il?fifm??l{Ranqu . . . gag-m? phat-memos? ?his; 5H Los' ml 1.1-1.5 as F'i' i $992513 (Enema! 509 Fowl-Net's ""33 ?aws-um - Hum; MVWD Mun-Fix4mm ;quhss:& iguana? Ung?Best Use As bu Illa II $331333? 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Jumdrulwn {33194 0 3750011 551?? 91112011 121312 '20? aunt-ii lair-qpu-u L-l him-r5 1'noll ihr ill-MW Ohm-l. Updd'nd July 14 Share Tweet Em! llx'lrul'miltkb? Du ?nmru Cdntact . ?109131 Hit-uL-?nnhl ml} 5.1 pun?u- l'mai 6"me Jain-Hm! ?33 up hum ummI-J um- l?uIIr-wiw cm Mu mull-Jr rllr?ff I 5-: Ilrr' rag avg, Hum r0 mane-Hm (win-1 ?gmp?lul Hui-vi ,nmJ?F. 0 Flag county. WA 201? mm mm Terms or up Du mum unllam CO "tat: 115 Exhibit 10: Hand drawn diagram by Kaseburg illustrating dimensions and square footage of the vacated NE 130th street. 4-3'f}?{-21 1- nun- u. _w .H . i ?ItNi}. 1 Exhibit 1 1: Seattle DOT statement that ?annualized rate? and ?annualized rate of return? as used in ordinance 123611 have remained constant at City of Seattle Edward B. Murray, Mayor Department of Transportation Goran Sparrman, interim Director Copy" of the website is attachment 1 hereto. Excerpts? of AttachmentA to 0rd. 123477, as amended by 0rd. 123611 and others is attachment 2 hereto.[i did not receive these attach Attachment A to. 0rd. 123477 identifies the formula for shorehne street permits at page 10. There is no page 10 of Attachment A [Street Use Fee" Schedule] to Ordinance 123477. Ordinance 123477 was an update to the whole Street Use Fee Schedule. However, I believe the requester is interested in understa being When the sh ore-line street and permit fee methodology was established in "the Street Use Fee Schedule. This was originally done under Qrdmance 1 195/3 in 1999-. This ordinance references the factors .?of "demand probability factor? and 'annua?lized rate? [later to be knOWn as ?rate of return?) to be used in the calculation of the shoreline street and fees. The values of these factors were establish ed by the City Appraiser. So, item 2 and are essentially the same thing. in 2011, the City adopted Ordinance which amended the Street Use Fee Sci incorporate the factors of the shoreline street end fee methodology [including ?d-em. ?rate of return'] and further de?ne these factors. The ?demand proba-bility? defined it] be ?established by the City Appraiser or a State of Washington Certi?ed General Rea retained by the Director of Transportation. Refer to Attachment A: Demand Probe-b Attachment A to 0rd. 123611 includes the list of a of the. demand probabihty?factors established by the City Appraiser. if a shore-line street and is not on this SDOT h. permit request for this location and has not requested that the City Appraiser deter: probability for this Site. The 'annaaiized rate? or ?rate. of return" are the same factor. The rate of return is established by the City Appraiser every year city-wide and has remained constant "at 8% for 2012. 2013, and 2014-. A search of City ordin?antes shows that Did. 1232611 may have been amended by 0rd. 124519. Excerpts of 0rd. 124519 is attachment 3 hereto. Rate of return" and "demandp-robabihty? are similarly de?ned therein but my copy does net have page numbers. If 0rd. 123611 was amended by 0rd. 124519, then items 2?4 of the request are amended to be directed to public records evidencing the annualized rate of return as establish-ed by the City Appraiser or a State of Washington Certified General Real Estate Appraiser retained by the Director; and. (ii) demand probability as established by the City Appraiser or a State of Washington Certified General Real Estate Appraiser retained by the Director from-July 20:12 to present. Ordinanm 12.4519 amended the Street Ufso Fee Schedule, but did not amend the definition of 'rate' of return? or ?demand Sealtle Municipal Tower 700 Avenue Tel (206) (206) 684-830? Stole. 3800 Fax: (206) Mil-6777 Box 34996 Hearing impaired use the thhinglon Relay Service Seattle, Washington 98l24?4?J96 nwwsealtlc.ao-iiliaiisnonalion City of Seattle Edward. B. Murray, Mayor Department of Tra naportation Goran Spamnan, interim Director Copy of the website is attachment 1 hereto. Excerpts 0f Attachment A to 0rd. 123477. as amend ed by 0rd. 123611 and others is attachment 2 did not" receive these AttachmentA to 0rd. 123 477 identi?es the formula for shore-line street permits at page 10.. There is no page 10 of Attachment. A (Street Use Fee Schedule) to Ordinance 12347.7. Ordinance 123477 was an update to the whole Street Use Fee Schedule. However, .1 believe the roq uestor is interested in understanding when the shoreline street and permit fee methodology was established in the Street Use Fee Schedule. This was nriginally-done under Qrdinancg. 112m in 1999. This ordinance references the factors of 'demand probability factor? and ?annualized rate? (later to be known as ?rate of retu-rn?] to be; used in the calculation of the shoreline street and fees. The values of these factors were established by the City Appraiser. 50,. item 2 and 3 are essentially the same thing. In 2011, the City adopted which amended the Street Use Fee Schedule to formally incorporate the factors of the shoreline street and fee methodology (including ?demand probability" and ?rate of return?) and further de?ne these factors, The ?demand prohability? defined that this factor would be ?establish-ed by the City Appraiser-er a State of Washington Certified General Real Eritate App-raiser retained by the Directoi' oi Transportation. Refer to. Attach-manta: Demand Prob-ability AttachmentA to 0rd. 123 611 includes the. list of a of the demand probability factors that have been established by the City Appraiser. If a shoreline street and is not on this list, SDOT has not received a permit request for this location and has not requested that the City Appraiser determine the demand probability for this site. The ?annualized rate? or ?rate of return? are the same factor. The rate of return is established by the City" Appraiser every year Ci-tyWide and has remained constant at 8% for 2-012, 2013., and 2014. Asearch. of City ordinance-s shows that 0rd. 123611 may have been amended by 0rd. 124519. Excerpts of 0rd. 124519 is attachment 3 hereto. Rate-of return? and "demand probability" are similarly defined therein but my copy does not have page numbers. If 0rd. 1.23611 was amended by 0rd. 124-519, then items 2-4 of the PDA request are amend-ed to be directedto public records evidencing the annualized rate of return as established by the City Appraiser or a State of Washington Certi?ed General Real Estate Appraiser retained by the Director: and (ii) demand prcibability asestablished by the City Appraiser or a State of Washington Certi?ed General Real Estate Appraiser retained by the. Director from July 8, 2012 to present. Ordinance 1.24519 amended the Street Use Fee Sshedule. but did "not amend the definition of ?rate of neturn? or ?de-mand probability? Seattle Municipal Timer 700 5* Avenue ?1 el {2.06) 684-ROAD I [206) 68$330? Suite 3300 Par {206} PO Box 34996 Hearing Impaired use the Washington Relay Seattle, Washington 93124-4996