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HomeMy WebLinkAboutParcel_16 Kaba Investments 411W Group Northwest Diary of Right of Way Activities ® Acquisition ❑ Relocation Assistance ❑ Property Management R/W No.: 16 Phone No.: Owner: 425-269-0336 Kaba Investments LLC Wei-Ting Hsiao (V) Tax Parcel No.: Other: Business: 516970-0092 Kabainvestments@outlook.coin Location of Subject: 4637 NE Sunset Blvd, Renton Mailing Address of Subject: 9424 Vineyard Crest, Bellevue, WA 98004 Date Activities 11/9/19 Parcel assigned to Sonja Davis, Senior Acquisition Agent, RES Group NW 3/20/20 Offer packet approved by the City. Located a contact phone number & mailing address from the SOS site on their corporation documents. Left a voicemail requesting a call back. 3/26/20 Mailed a request for contact letter mailed to owner's residence in Bellevue. 4/7/20 Mailed the City's offer packet via Certified Mail with return receipt 4/9/20 Phone message left by Jimmy Woo stating that they have received a request for a contact letter. 4/10/20 Call back and spoke with Wei-Ting (V), who confirmed that she was the owner of the subject property. She confirmed receiving the request for a contact letter. After a brief introduction I describe the project in general as a street pavement preservation project, this repaving project will add a bike lane, install new sidewalks and will be relocating or doing some upgrades to existing utilities. I explained to her that the project will require approximately 5feet of Permanent Utility Easement and 5 feet of Temporary Construction Easement (TCE), which is to provide additional work area for the City's contractors. She commented that the area fronting the Duvall Ave is narrow and is mostly drive through for Starbucks (tenant). She raised concerns that the project will impact Starbuck's drive through operation, currently due to Covidl9, the business is only doing operating the drive through. I told her that question of possible impact to the drive through was raised during the valuation process and the City's design engineer had confirmed that the drive through will not be impacted. I told her that I had just mailed the City's offer packet via Certified mail which should arrive today or tomorrow. I told her that I can also email it to her if she would like. She confirmed that she had not received the packet yet and requested that I email her the documents. She said she will review the documents and call to me back nest week to discuss further. The City's offer packet sent via email. 4/13/20 Received signed Certified return receipt that owner had received the City's offer packet. 4/14/20 Phone and email correspondence with the owner. The owner stated that she went through the documents and its exhibits, she stated that she did not think that there was enough room for both 5 feet of Utility Easement and additional 5 feet of TCE without going into the Starbuck's drive through. I emailed her the construction plan sheet containing construction schedule on her property so we can discuss it while looking at the plan sheet. In viewing the plan sheet, clearly the TCE lines extends into the drive- through. I reassured her that throughout this project the engineers just projected additional 5 feet of TCE regardless or necessity and will most likely not encroach. Looking at the construction plan sheet, only utility activity within the permanent easement area is to relocate a streetlight and an installation of Filterra system. I explained that a Filterra is at grade biofiltration to filter the street water before entering the stormwater system. I suggested that I request that the acquisition area be staked so we can get an accurate picture of how close we are getting to the drive through. The owner agreed that we could meet at the property after staking has taken place to discuss the impacts further. I will notify her after staking has occurred. In the interim she will do her due diligence and perform a market research on the valuation of the offer. 4/27/20 Email from the owner following up on the progress of having the acquisition area staked. Response back to owner confirming that the staking has taken place last week, but I had requested some clarification of the markings at site. Meanwhile, I encourage her to go out to the site and look at the staking. 4/28/20 Email and phone correspondences to coordinate a conference call. Conference call with owner and her business partner, Jimmy Woo,they said they were out on the property and commented the staking was very confusing. I confirmed the findings that in certain areas like near the driveway curb, both stakes for permanent easement and temporary easements are right next to each other. We concluded that the TCE staking is to go 5 feet into the drive through but because the staking will interfere with current usage the surveyor placed it next to the curve. I provided assurance that I spoke with the project engineer and they confirmed that the project will not encroach into the drive-through of the Starbucks. I explained that throughout the project the design engineer used a 5ft of TCE on every property to make sure there are no encroachment issues during the construction. Additionally, they were concern that construction activity will make the drive through unsafe. Lastly, she stated that in her market research she agrees with the per square foot value by the City but the 50%for the permanent easement value is too low and should be at 75%of value. I explained that since TCE compensation is still being offered regardless of whether the project is utilizing it,thus the difference of opinion of the permanent easement value is a wash. Also, I told her that I will get a memo from the City in writing stating that the proposed project will not encroach or hinder the business operation of the Starbuck's drive-through. For the project to provide separation to the drive through by installing construction fence between the construction area to the Starbuck's drive-through. They agreed that having a signed commitment memo from the City providing assurance would put their mind at ease. They stated that the Starbucks is a good tenant for them and would like nothing to hinder that relationship. Wei (V) brought up question regarding the existing landscaping within the permanent easement area. She said there is a large azalea bush right at the corner where the drive through bends, she would like the project to preserve that if possible. The meeting adjourned and I told her that I will summarize our conversation/agreement in an email back to her for her to reply her confirmation. I will coordinate with the City on their concurrence. 4/29/20 Emailed the owner the following: V and Jimmy, Per our conversation I will communicate to the City that you would like received written assurance from the City stating the following: • that they ensure during construction the continued vehicular operation or drive-through operation of the business/tenant. • Install a construction fence to delineate construction activity away from the drive- through area. • Save and protect the azalea shrub near the drive-through within the TCE area. Along with this you are agreeable to the valuation of the offer by the City. Please let me know if I left any additional item. Email reply from the owner Hi Sonja, For the last item you listed, I thought it may be easier to do the following wording instead of calling out just 1 shrub. • In TCE, no landscape plants would be disturbed If TCE plantation area needs to be disturbed, City of Renton agree to plant the equivalent plantation in the end of the construction. In addition, we'd like to get the landscape plan as you mentioned earlier for us to review (no need in the written assurance). We'd like to have your help to ensure give us the consistency landscape style and looking good 5/5/20 Email from the owner requesting status. Email reply stating that the City is reviewing the memo format with the City's attorney and that I will get back to her as soon as I hear back. 5/18/20 Emailed City's assurance letter stating that the following, "No closures are allowed at the Starbucks drive -through lane at any time throughout the duration of Construction. Also, the project contract document will call for high visibility fencing to be installed along the east side and outside of the Starbucks drive-through to create separation from the construction areas. " I also informed her that the City's engineering will be sending me a draft planting sheet and they informed me that according to the plan, the project calls us for the protection of all trees and shrubs on their property. In fact, they are schedule to add a dogwood tree near the Filterra installation. Follow up phone call with owner, I went over the City's letter and discussed with her the details of the planting schedule with her. I told her that I will be emailing her a seller disclosure form her to fill out and get back to me for the escrow. I suggested a signing meeting for the following week and for her to take look her calendar and get back to me on a date and a time. 5/22/20 Forwarded the email from Chicago Title and Escrow with seller disclosure form for her to fill out. 5/26/20 Email correspondence to set up a signing meeting. Meeting set for 5/27 at LOAM at her residence in Bellevue. Separate email sent requesting a copy of the LLC's operating agreement for signing authority. Email received with a copy of Kaba Investments, LLC. 5/27/20 A signing meeting with owner at her residence in Bellevue. We met in her front yard to observe the social distancing rules with necessary PPE. The owner executed the Permanent Easement, Temporary Construction Easement, Purchase and Sale, Real Estate Excise Tax Affidavit, W-9,Vendor setup form, and the Real Property Voucher. I explain that all the documents will be transmitted to the City for counter signing and then to the Chicago Title and Escrow. She will be contacted by a closing agent soon after. The meeting adjourned. 5/29/20 This file is consider complete,transmitting to the City. I hereby certify that the written instruments secured and forwarded herewith embody all the considerations agreed upon between me and the property owner;agreement on said instruments was reached without coercion,promises other than those shown in the instruments, or threats of any kind whatsoever by or to either party; I understand that the parcels are to be secured for use in connection with a Federal aid highway project; I have no direct or indirect present or contemplated future personal interest in the parcels or in any benefit from the acquisition of such property. SI 9 46 Sonja is Date Sonja Davis From: V Hsiao <Kabalnvestments@outlook.com> Sent: Tuesday, May 26,2020 8:06 PM To: Sonja Davis Subject: Re:Seller Opening Disclosures- 201634-SC -4601 NE Sunset Blvd Renton,WA 98059 City of Renton I Kaba Investments, LLC Attachments: Operating Agreement KABA Investments LLC.pdf Here you go! From:Sonja Davis<Sonja@resgnw.com> Sent:Tuesday, May 26,2020 3:25 PM To:V Hsiao<Kabalnvestments@outlook.com> Subject: FW:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton,WA 98059 I City of Renton I Kaba Investments, LLC V, One more.thing will you email a copy of your LLC operating agreement, I need this to verify signing authority for the title company. Thank you, Sonja Davis 425-577-2184 From:Sonja Davis Sent:Tuesday, May 26,2020 9:40 AM To:V Hsiao<Kabalnvestments@outlook.com> Subject: RE:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton,WA 98059 I City of Renton I Kaba Investments, LLC I will be there at 9424 Vineyard Crest, Bellevue,Wednesday at 10AM. Thank you, Sonja Davis 425-577-2184 From:V Hsiao<KabalnvestmentsPoutlook.com> Sent:Tuesday, May 26,2020 9:34 AM To:Sonja Davis<SoniaCa resgnw.com> Subject: Re:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton,WA 98059 I City of Renton I Kaba Investments, LLC Would you able to come by Bellevue?We can do contract in my front yard? How about around 10am? i From:Sonja Davis<Sonja@resgnw.com> ~� _ Sent:Tuesday, May 26,2020 8:59 AM To:V Hsiao<Kabalnvestments@outlook.com> Subject: RE:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton,WA 98059 I City of Renton I Kaba Investments, LLC Yes, let me know the best time and place for you. I don't have anything on the calendar tomorrow. Thank you, Sonja Davis 425-577-2184 From:V Hsiao<Kabalnvestments@outlook.com> Sent: Monday, May 25,2020 9:23 PM To:Sonja Davis<Sonia@ressnw.com> Subject:Re:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton,WA 98059 I City of Renton I Kaba Investments, LLC Sonja, Shall we sign the contract first?And attached the City's memo into the contract? I recalled that you said you will meet me in the coming week for signing. We are talking about signing the contract, right? thanks, -V From:Sonja Davis<Sonia@resenw.com> Sent: Friday, May 22,2020 3:33 PM To:V Hsiao<KabalnvestmentsPoutlook.com> Subject: FW:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton, WA 98059 I City of Renton I Kaba Investments, LLC V, Will you please fill out the attached disclosure statement. Thank you, Sonja Davis 2 Sonja Davis From: Sonja Davis Sent: Friday, May 22,2020 3:34 PM To: V Hsiao Subject: FW: Seller Opening Disclosures -201634-SC -4601 NE Sunset Blvd Renton,WA 98059 City of Renton I Kaba Investments, LLC Attachments: Seller Opening Disclosures.pdf; General Notice (COVID-19).pdf V, Will you please fill out the attached disclosure statement. Thank you, Sonja Davis 425-577-2184 From:Jami.Shimada@ctt.com<Jami.Shimada@ctt.com> Sent:Wednesday, May 13,2020 9:38 AM To:Sonja Davis<Sonja@resgnw.com> Cc:Adams, Paula<paula.adams@ctt.com> Subject:Seller Opening Disclosures-201634-SC-4601 NE Sunset Blvd Renton,WA 98059 I City of Renton I Kaba Investments, LLC Please click on the attachment(s) above to access your documents. Good morning Sonja, R � � _� —�-_— -- --_- We are pleased to have this transaction placed in escrow with us.The attached opening disclosures are for Wei-Ting Hsiao to review and complete.Would you please assist in getting the documents completed and returned to us or provide contact information so we may forward this on to the seller? As stated in the opening letter,we please request the following: • Completed Questionnaire • Completed Owner's Affidavit-If the seller does not have access to a notary, please still sign and return.We will have them re-sign at closing and notarize their signature. • Copies of entity documents for Kaba Investments, LLC:Operating agreement,Articles of Organization,and signing authority. Please let us know if you have questions,and thank you for your assistance! 1 Sonja Davis From: Sonja Davis Sent: Thursday, May 21, 2020 9:31 AM To: V Hsiao Subject: FW: City of Renton_Duvall Ave NE_ 16 Kaba Attachments: 16_Kaba-letter-Starbucks.pdf; Kaba Planting schedule.pdf V, Attached is the City's draft planting plan, please click the yellow sticky note for my comments. I will follow up with a phone call. I would like to discuss getting the documents executed so we can forward it onto escrow. Thank you, Sonja Davis 425-577-2184 From:Sonja Davis Sent: Monday, May 18, 2020 4:37 PM To: 'V Hsiao'<Kabalnvestments@ outlook.com> Subject: City of Renton_Duvall Ave NE_ 16 Kaba V, Please find attached assurance letter from the City of Renton regarding the Starbuck's drive through. Also, I just confirmed with the engineer that they will send me the draft planting sheet and according to the plan,they call out for the protection of all trees and shrubs on your property. In fact,they are schedule to add a dogwood tree near the Filterra filtration. I will send them along as soon as I get them. Please review and let me know if you have any questions. Best Regards, Sonja Davis, R/W-RAC D:425-577-2184 Email:sonja@resgnw.com ,Grou p p Northwest st 1 Armondo Pavone % Mayor Public Works Department May 15, 2020 Kaba Investments, LLC Attn: Wei-Ting Hsiao 9424 Vineyard Crest Bellevue, WA 98004 RE: Project Name: Duvall Avenue NE Tax Parcel No: 516970-0092 Dear Mr. Hsiao, The letter is intended to address your concerns regarding the operations of the Starbucks drive- through at 4637 NE Sunset Blvd, Renton, during the construction of the Duvall Avenue NE project. First and foremost, the Starbucks drive-through is outside the construction area. Prior to construction, the City's contractor will enter into an agreement with the City to do work and furnish all tools, materials, and equipment: in accordance with and as described in the Contract Documents for the Duvall Avenue NE project. Per Section 1-07.23 of that contract, Public Convenience and Safety: "Lane closures are not allowed on any of the following: 1. No closures are allowed at the Starbucks drive-through lane at any time throughout the duration of Construction." The project plans, which are part of the Contract Documents, also call for high visibility fencing to be installed along the east side and outside of the Starbucks drive-through to create a separation from the construction areas. The C ty's contractor will install the high visibility fence as site preparation prior to working in this area. I hope that this letter addresses your concerns regarding the construction process. Please feel free to direct any further questions you may have to the City's representative from RES Group Northwest, Sonja Davis at (425) 577-2184. 1055 South Grady Way,Rento-t,WA 98057 • rentonwa.gov LEGEND: —6 -} !k ExISiING TREES TO REMAIN /• E yj � i Jai = l FILETFTASYSIEM /"� .,�� • ® (REF.SD SHEETS) +► er �I ---- h ��-_ PLANT LEGEND: •I — 0 LITRE-LEAF UNDEN en___ a --_—a a—_._ iv c r y e x I VANESSA'PARROTIA X — 924_ 4-- — — 925+—- —I — 92EDD — �— — 827M0 —I — �I W ID —I IN ul T DUVALL AVENUE NE AMERICAN HOPNORNBEAAI N I 0 t43,6 STAR MAGNOUA at VL`��_ TJ _.=.=m-----}--'"L _i�_._ ,.�_`—_� "" 1 (.1` r`� __.__— y 0 VARIEGATED MAIDEN GRASS PLAN 1 — ` j-5`-- ' . 3 --' Q+ ABBOTSWOOD POTENNIIA U SCALE IN l L.i N;,j 43 STEIIA D'ORO DAYLILY Q 0 20 60 2 0 KELSEYREDTWIG DOGWOOD L f.•:.....:1 MEDRERRANEAN HEATH \ T _._....- MT.VERNON LAUREL \\ f:::::.'. :I. SYNTHETICTURF __ HYDROSEED LAWN-2" -•-•-•-• DEPTH APPROVEDTOPSOIL I -- - -,Av; __ NOTES: tt :l. W----- •••••••••. •••••. "__— 1. ALL WORK SHALL BE PERFORMED TO `••••••••••••••••••.••.• • • • ••••••••••••••••i« i..............N••••� I1�1 ��_ THE SATISFACTION OF THE I OWNER'S REPRESENTATIVE/OWNER. 2. NO PLANT MATERIAL ----- _ SUBSTITUTIONS SHALL BE — ----- PERMITTED WITHOUT PRIOR --_ ----____ APPROVAL SEE SHEET LS6 FOR ____ PLANT SCHEDULE.DETAILS,& GENERAL NOTES. 3. LANDSCAPE BEDS SHALL RECEIVE 12' DEPTH TOPSOIL ALL HYDROSEED AREAS(PROPOSED AND INCIDENTAL) SHALL RECEIVE 2'DEPTH TOPSOIL 4. HYDROSEED SHALL BE SMOOTH DUVALL AVENUE NE BLENDED INTO ADJACENT EXISTING LANDSCAPE t— — — SIRED — — 52i00 — — SCHEDULE C PLAN i----N SCALE® 0 10 20 . wRVIVEO .a J1 ="v�;� Bauman nse CITY OF RENTON DUVALL AVE NE DRAwu:G NO. IS4 �\ N_1 DESGN DU nR FUHI WDRESBIPMTTOIT PROIECTNA 71417rs0s5 _.�,T Parametrix 100%REVIEW SUBMITTAL T"s"B°°Rr n°"on`m" PLANTING PLAN REDAmUO. f11FfMI HOT FOR CONSTRUCTION \a��f�y�� >s`� PLAIRA: nnr NOT FOR CONSTRUCTION STA923+00 TO END AND BEGIN TO STA 52+60 DATE' DEULARZD NHMBEA RIVSIONDEAIERPT N BY APP. DATE 4Li; DIE.PUAI41T/RDWISn„s —`TT`" BY.. DATE:_ SHEET 4 OF 9 SHEET nv._BLOT—M Sonja Davis From: Sonja Davis Sent: Tuesday, May 5, 2020 11:07 AM To: V Hsiao Subject: RE:City of Renton_Duavall Ave NE project V, Confirming that I received you email and the City is now reviewing the construction memo format with the City attorney. I will get back to you before the end of the week. Thank you, Sonja Davis 425-577-2184 From:V Hsiao<Kabalnvestments@outlook.com> Sent:Tuesday, May 5,2020 10:36 AM To:Sonja Davis<Sonja@resgnw.com> Subject: Fw:City of Renton_Duavall Ave NE project Hi Sonja, I haven't heard back from you.Just want to make sure that you received the e-mail last week. Regards, -V From:V Hsiao<Kabalnvestments@outlook.corn> Sent:Wednesday,April 29,2020 8:35 PM To:Sonja Davis<Son ia @resgnw.com> Subject: Re:City of Renton_Duavall Ave NE project Hi Sonja, For the last item you listed, I thought it may be easier to do the following wording instead of calling out just 1 shrub? • In TCE, no landscape plants would be disturbed. If TCE plantation area needs to be disturbed, City of Renton agree to plant the equivalent plantation in the end of the construction. In addition, we'd like to get the landscape plan as you mentioned earlier for us to review (no need in the written assurance). We'd like to have your help to ensure give us the consistency landscape style and looking good. i Regards, V Managing Member KABA Investments LLC From:Sonja Davis<SonjaPresgnw.com> Sent:Wednesday,April 29, 2020 10:00 AM To:V Hsiao<KabalnvestmentsPc)utlook.com> Subject: City of Renton_Duavall Ave NE project V and Jimmy, Per our conversation I will communicate to the City that you would like received written assurance from the City stating the following: • that they ensure during construction the continued vehicular operation or drive-through operation of the business/tenant. • Install a construction fence to delineate construction activity away from the drive-through area. • Save and protect the azalea shrub near the drive-through within the TCE area. Along with this you are agreeable to the valuation of the offer by the City. Please let me know if I left any additional item. Best Regards, Sonja Davis, R/W-RAC D:425-577-2184 Email:sonja@resgnw.com • 441 No t,p Northwcst 2 Sonja Davis From: Sonja Davis Sent: Tuesday,April 28,2020 1:16 PM To: V Hsiao • Subject: RE:construction sheet Yes, I will be available for call this afternoon at 4PM Thank you, Sonja Davis 425-577-2184 From:V Hsiao<Kabalnvestments@outlook.com> Sent:Tuesday,April 28,2020 12:51 PM To:Sonja Davis<Sonja@resgnw.com> Subject:Re:construction sheet Hi Sonja, We've been out there yesterday evevning. Can we talk today after 4pm? Or tomorrow 8:30am-9:15am (quite busy tomorrow). Or Thursday morning? thanks, -V From:Sonja Davis<Soniac resenw.com> Sent: Monday,April 27,202011:41 AM To:V Hsiao<Kabalnvestments outlook.com> Subject: RE:construction shee V, The ROW area has been staked but I am waiting for a call from the surveyor to make some clarifications on the marking. Feel free to : out take a look and we can talk later this afternoon. Thank you, Sonja Davis 425-577-2184 From:V Hsiao< abalnvestments • outlook.com> Sent: Monday, •pril 27,2020 10:50 AM 1 Sonja Davis From: Sonja Davis Sent: Monday,April 27,2020 11:40 AM To: V Hsiao Subject: RE:construction sheet V, The ROW area has been staked but I am waiting for a call from the surveyor to make some clarifications on the marking. Feel free to go out take a look and we can talk later this afternoon. Thank you, Sonja Davis 425-577-2184 From:V Hsiao<Kabalnvestments@outlook.com> Sent: Monday,April 27,2020 10:50 AM To:Sonja Davis<Sonja@resgnw.com> Subject: Re:construction sheet Hi Sonja, It's been almost 2 weeks since we last talked. I'd like to follow up on the progress of the clear easement line in our property. Has the surveyor come out yet? Also, I see that there's a target deadline for our communication. Could you please help us to understand this part? thanks, -V Managing Member KABA Investments LLC From:Sonja Davis<Sonia@resgnw.com> • Sent:Tuesday,April 14,2020 4:17 PM To:kabainvestments@outlook.com<kabainvestments@outlook.com> Subject:construction sheet Best Regards, Sonja Davis,R/W-RAC D:425-577-2184 Email:sonia@resgnw.com 1 Sonja Davis From: Sonja Davis Sent: Tuesday, April 14, 2020 4:18 PM To: kabainvestments@outlook.com Subject: construction sheet Attachments: kaba investments.pdf Best Regards, Sonja Davis, R/W-RAC D:425-577-2184 Email:11440Group Northmest LEGEND: r A923H6, 1 1291E OF STA 923/66 ------RIGHT-OF-WAY I-- d� 585'LTO — — —TEMPORARY CONSTRUCTION EASEMENT 11 23.36, 1 12•P,PE BEGIN f ® STA 926/61, I O BEGIN -� _ SOO'LTO SILT FEN LINE r5fA 923/66. 2 BEGIN li 33.6'LT / 9LT FENCEPER CDR STD PLAN 214AD SfA923.IN END 11 ^ 'STA9261-27, STA 926463, O338'LT II I %%%X%X REMOVE IITIUTY 11 333'LT _ __ SOAT.T O END O END ABANDON STORM SEWER PIPE BY Off. % Q — _ O — — 13 0BEGIN B STA926HQ I�'!!! 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'1 CLEATING ANDGRUBBING --f-"'-=-7•F--=-�';.'•""- y2Gy0O-_i. ... ..-�•, Iii ♦• ASPHTPULRO'ATIONfOR• •• •' "-•' _'> : , - UVALL - •r -Lu --- - ''AVIdENE :.. , 2B« ��\���� VEMEN7 4 I-.`Y ='^ _ — - .,-, c..> .:.s....._ - _ VIiAtE0.'MAIN �' T7—`— --—--=�_��—---_s•_ r RgMovAi - - _ ' 1 i GENERAL NOTES: •� ��+� •`� �_.`-..-+..,,¢t��. -- T 1 SEE SHEET lAl FOR GENERAL EROSION CONTROL NOTES. "R SCHEDULER .4 9 .......... .. — �� �� --s�.'f->-,.�_f�..�,�r_ 2-- '�"m a 2. SEE DI PIANS FOR SIGN REMOVAL/PELOCATRIY. Qy t3-' �� = -i ce-�_�-`�+1� � ;-• °'_-�„ 3. THE ASPHALT/CONCRETE DEMOLITION EMITS ARE APPROXIMATE. -.�-. AWAIT CONCRETE REMOVALUMRS SHALL BE MARKED W THE L , / SCHEDULE A PLAN END STA 927+59 ® .,,,J �- - „\ FIELD BY CONTRACTOR AND CITY CONSTRUCTON OBSERVER. o. / .L`�.\-v CONTBACEO0.SHALL BE RESPONSIBLE FOR COOADWATON OF N. SCALE IN FEET 'i` HELD MANNING PRIOR TO OEMOUTION AcTNIT1ES. •A / \N. D® STA 927<9,I 4. CONTRACTOR SHALL NEATLY CUT AND CAP ELUTING IRRIGATION �/ 32.1'RT SYSTEM ENG ENCOUNTERED WITHIN THE UMRS INDICATED FOR 2 REMOVAL AND CLEARING AND GRUBBING, 1.5 S. SILT FENCE SHALL BEDS'INSIDE THE LIMITS CIF ROW OIL TCE DEMOLITION NOTES: OREMOVE TREE i O3 REMOVE BLO[KWAI 0 REMOVE BOARD FENCE Sp' V. 0 ABANDON STORM SEWER PIPE CYCLING PIPE WITH COF 4S REMOVE WOOD POST. 4_ S REMOVE EXISTING MIRY POLE MOTHERS).V 0REMOVE BOLLARD POST iO REMOVE DRAINAGE STRUCTURE. 0 PROTECT EGSTWG UTILIT/POLE 0 RE MOVE STORM SEWER PIPE/MATEY OR WATER PIPE. it I REMOVE CURB/CURB AND GUTTER. ORESETHYDBANT.SEE RD PUWS, 13 R PRESERVE AND PROTECTTREE(S). 5 ,14 REMOVE CHANNEIRATION. i © RELOCATE EXISTING TELEPHONE LINE AS NEEDED,BY OTHERS. E 0 RELOCATE EXISTING TELEPHONEVAUET,BY OTHERS, • ANDAE b ¢ 17 EOUIPMFNTR EMOVALILOCATIONnONAND SIGNAL OREMOVE EXISTING FIRE HYDRANT. 0 PLUG EXISTING WATER MAIN. �R SUAVDTD. E -< V o wN�; CITY OF RENTON DUVALL AVE NE DRAVD6nD. SP5 b lJ CZ::. PUBIC WORASTEPARIMDET MECUM. E•ooTm'n5 1 Pa T.l RI C C f l% TRANSPORTAIICNON6OR �V�j3� aaKBT ,yy`— 100°/D REVIEW SUBMITTAL SITE PREPARATION MEMO NO NOT TORCONSIRUCIION DEW Mt ME NOT FOR CONSTRUCTION STA 923+00 TO END,INCL SCHEDULEC DATE .:4Dm39. NURSER REVWav DLYRJPDON BY APR._DATE FM wZWRT]90CSaP-0xR �Awa 6Y: MTE: SHEETS OFS s�U ro,y of b Sonja Davis From: Sonja Davis Sent: Friday, April 10, 2020 12:48 PM To: kabainvestments@outlook.com Subject: FW: City of Renton_Duvall Ave NE_16_Kaba Investment Attachments: 16_Kaba_Offer Letter2020-03-20 (rev) signed.pdf; 16_ Kaba- Real EstatePS2020-03-19.pdf; 16_Kaba -Voucher2020-03-19.pdf; 16 Kaba_ROWeasement2020-03-19.pdf; 16_Kaba-TCE2020-03-19.pdf; Vendor Setup Form.pdf; fw9.pdf; 16_AOS Kaba.pdf Wei, I was pleasure speaking with you, per our conversation please find following offer documents being attached. 1. City's offer letter 2. AOS packet (valuation) 3. Purchase and Sale Agreement 4. ROW Easement 5. Temporary Construction Easement 6. Real property Voucher 7. W-9 8. Vendor setup form. Please confirm receipt of this email by replying back. You do not have to pick up the missed certified packet of the offer at the post office if choose not to. I will await to discussed the offer more in detail after your review. Best Regards, Sonja Davis, R/W-RAC D:425-577-2184 Email:sonia@resgnw.com oNorthwest 1 TITLE SUMMARY PROJECT TITLE: Duvall Avenue NE PROJECT PARCEL NO.: 16 TAX PARCEL NO.: 516970-0092 OWNER/S: Kaba Investments,LLC Title Company: Chicago Title Insurance Company Order No.: 194836-TC Preliminary Report Date: December 9, 2019 Supplemental No. 1: Supplemental No.2: SPECIAL EXCEPTIONS: 1. Subject to: Covenants,conditions,restriction,reservations,easements or other servitudes. If any,disclosed by the recorded Plat of Joseph P. Marshall Tracts. 2. Subject to: May Creek Flood Control Zone District,flood control works under the recording no.5943056,First Amendment under recording no. 8104290507 and Second Amendment under recording no. 9604300819. 3. Subject to: City of Renton Storm Sewer Easement under the recording no. 7711160658 4. Subject to: Underground transmission and/or distribution system for Puget Sound Power& Light Company under the recording no. 7903060809 5. Subject to: Covenants,conditions,restriction,recitals,reservations, easement,easement provisions, dedications, if any, and disclosed and set forth on Central Highlands Plaza Short Plat 1: under the recording no. 8002269014 6. Subject to: Covenants,conditions,restriction,recitals,reservations,easement,easement provisions,dedications, if any, and disclosed and set forth on Central Highlands Plasa Binding Site Plan: under the recording no. 8805200326,Amendment under the recording no.9604290131,and Amendment of said site plan under the recording no. 9605081004. 7. Delete: General Taxes,no fee acquisition 8. Delete: Liability for Sewer Treatment Capacity Charges, if any,affecting certain area of King, Pierce and Snohomish Counties. **Unrecorded Sewer Capacity Charges are not a lien on title or to the land. 9. Subject to: Deed of Trust in the amount of$700,000.00,Trustee First American Title Insurance Company,Beneficiary,Washington State Employee Credit Union under the recording no.2017104000859. Lender will need to sign the easement. 10. Subject to:Assignment of Rents and Leases, assignee,Washington State Employees Credit Union under recording no.20171004000860.Lender will need to sign the easement. 11. Delete: Any unrecorded leaseholds,right of vendors and holder's security, negotiator to ask owner, if any to obtain partial release. } SUBDIVISION Guarantee/Certificate Number: Issued By: CHI.CAGOrI?TL:E 194835-TC IN i ►NCE cO '1PAN;" CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Parametrix,their successors or assigns herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Insurance Company By: Chicago Title Company of Washington 1142 Broadway,Suite 200 Tacoma,WA 98402 President ��Nsu Countersigned By: rv' .. Attest: 1 oQY.�GOPP�A'�Tt' 21 . SEA!L Authorized Officer or Agent • .it Secretary Subdivision Guarantee/Certificate Printed: 12.12.19 @ 03:42 PM Page 1 WA-CT-FBCM-02150.620753-SPS-1-19-194835-TC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 194835-TC ISSUING OFFICE: • Title Officer: Rob Hainey Chicago Title Company of Washington 1142 Broadway, Suite 200 Tacoma,WA 98402 Fax: 866-671-3908 Main Phone: (253)671-6623 Email: Rob.Hainey@ctt.com SCHEDULE A Liability , • Premium Tax $1,000.00 $350.00 $35.70 Effective Date: December 9, 2019 at 12:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Kaba Investments LLC, a Washington limited liability company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 12.12.19 @ 03:42 PM Page 2 WA-CT-FBCM-02150.620753-SPS-1-19-194835-TC ' EXHIBIT "A" Legal Description For APN/Parcel ID(s): 516970-0092 LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT NO. 330-79, RECORDED FEBRUARY 26, 1980 UNDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Subdivision Guarantee/Certificate Printed: 12.12.19 @ 03:42 PM Page 3 WA-CT-FBCM-02150.620753-SPS-1-19-194835-TC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 194835-TC SCHEDULE B GENERAL EXCEPTIONS H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Joseph P. Marshall Tracts.: Recording No: 3250442 2. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a document: Granted to: May Creek Flood Control Zone District Purpose: Drainage Channel Recording Date: October 20, 1965 Recording No.: 5943056 Affects: Portion of premises First Amendment to Declaration of Easements Recording Date: April 29, 1981 Recording No.: 8104290507 Second Amendment to Declaration of Easements Recording Date: April 30, 1996 Recording No.: 9604300819 3. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton Purpose: Storm sewer Recording Date: November 16, 1977 Recording No.: 7711160658 Affects: Portion of premises 4. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Power& Light Company Purpose: Underground electric transmission and/or distribution system Recording Date: March 6, 1979 Recording No.: 7903060809 Affects: Portion of premises Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system. Subdivision Guarantee/Certificate Printed: 12.12.19 @ 03:42 PM Page 4 WA-CT-FBCM-02150.620753-SPS-1-19-194835-TC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 194835-TC SCHEDULE B (continued) 5. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation,familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Central Highlands Plaza Short Plat 1: Recording No: 8002269014 6. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Central Highlands Plaza Binding Site Plan: Recording No: 8805200326 Amendment of said site plan: Recording Date: April 29, 1996 Recording No.: 9604290131 Amendment of said site plan: Recording Date: May 8, 1996 Recording No.: 9605081004 7. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year(amounts do not include interest and penalties): Year: 2019 Tax Account No.: 516970-0092 Levy Code: 2100 Assessed Value-Land: $667,000.00 Assessed Value-Improvements: $770,200.00 General and Special Taxes: Billed: $15,386.48 Paid: $15,386.48 Unpaid: $0.00 Subdivision Guarantee/Certificate Printed: 12.12.19 @ 03:42 PM Page 5 WA-CT-FBCM-02150.620753-SPS-1-19-194835-TC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 194835-TC SCHEDULE B (continued) 8. Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting or changing its use and/or structure after February 1, 1990. Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information at 206-296-1450 or Fax No. 206-263-6823 or email at CapChargeEscrow(a�kingcountv.gov. *A map showing sewer service area boundaries and incorporated areas can be found at: http://www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx Unrecorded Sewer Capacity Charges are not a lien on title to the Land. NOTE: This exception will not appear in the policy to be issued. 9. A deed of trust to secure an indebtedness in the amount shown below Amount: $700,000.00 Dated: September 25, 2017 Trustor/Grantor: Kaba Investments LLC, a Washington limited liability company Trustee: First American Title Insurance Company Beneficiary: Washington State Employees Credit Union Loan No.: 170803502 Recording Date: October 4, 2017 Recording No.: 20171004000859 10. Assignment of Rents and Leases: Assigned to: Kaba Investments LLC, a Washington limited liability company Assigned by: Washington State Employees Credit Union Recording Date: October 4, 2017 Recording No.: 20171004000860 11. Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon the Land and rights of tenants to remove trade fixtures at the expiration of the terms. END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 12.12.19 @ 03:42 PM Page 6 WA-CT-FBCM-02150.620753-SPS-1-19-194835-TC Instrument Number: 20170721000802 Document:WD Rec: $76.00 Page-1 of 4 20170721000802.001 Record Date:7/21/2017 3:58 PM King County,WA After recording return to: . - ����� a6��� Kaba Investments LLC 9850 NE 27th St EXCISE TAX AFFIDAVITS Bellevue,WA 98004 7/211201 T 3:58 PM KING COUNTY WA Selling Price:$1,500,000.00 Tax Amount:$28,705.00 11011111111111.11111.11111111111111111111111 20170721000802 WARRANTY DEED Rec:$76.00 7/2112017 3:58 PM KING COUNTY,WA Reference: 20374440--410--MP2 • STATUTORY WARRANTY DEED THE GRANTOR(S)3PD&Associates, LLC,a Washington limited liability company,for and in consideration of Ten($10.00)Dollars and other good and valuable consideration In hand paid, conveys and warrants to Kaba Investments LLC,a Washington limited liability company the following described real estate,situated In the County of King,State of Washington: LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT I NO. 330-79,RECORDED . FEBRUARY 26,1980 UNDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE CITY OF RENTON, COUNTY OF KING,STATE OF WASHINGTON. Subject to: Those Items specifically set forth on Exhibit"A"attached hereto. • Tax Parcel Number(s): 516970 0092 Recorded at the te4US 0f �ELITY'NATION AL'I'ITl-E }AMOR ACCO13I4TS • Order ?7 Q Statutory Warranty Deed LPB-10-05(Itr)(1/06) Fidelity National Title Company of Washington, Inc. Instrument Number: 20170721000802 Document:WD Rec: $76.00 Page-2 of 4 20170721000902.002 Record Date:7/21/2017 3:58 PM King County,WA Reference: Statutory Warranty Deed 20374440 410 MP2 Dated: 1 LA. !dv 1.4 3PD&Associates,LLC,a Washington limited liability company By: Name: racy P. ong Titl e:M a n a ger/Member State of Washington ic ` SS: County of ,` I certify that I know or haves isfactory evidence that k J� is the person who appeared before me, •.• said person acknowledged at(he�sig d this Instrument,on oath stat•• that(he/•Lis authorized toe c e thg�instrume t and acknowledged it as the �1!� . • /. .. c, of Z? ttSSbC d. _) LLC , to be the free av �gt1ry t of t uc party for the uses and purposes mentioned in the instrument. Dated: Given under my and and official seal the day and year last above written. Notary Public In nd e Stake o Residing at My �{ My Appointment expires: _Gr %%%, k.ii� SS. =04'I otg4`t?... 0 4 'o a pi y�4 o1Ia . 1 WA cl i mmo . Page 2 of 4 LPB 10-05(ltr) (1-06) Instrument Number: 20170721000802 Document:WD Rec: $76.00 Page-3 of 4 20170721000802.003 Record Date:7/21/2017 3:58 PM King County,WA i Reference: Statutory Warranty Deed 20374440 410 MP2 Exhibit A Subject to: 1. ALL COVENANTS. CONDITIONS, RESTRICTIONS. RESERVATIONS. EASEMENTS OR OTHER SERVITUDES,IF ANY,DISCLOSED BY THE RECORDED PLAT OF JOSEPH P.MARSHALL TRACTS. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: MAY CREEK FLOOD CONTROL ZONE DISTRICT PURPOSE: DRAINAGE CHANNEL AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 20, 1965 • RECORDING NO.: 5943056 3. DECLARATION OF EASEMENTS AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: UTILITY LINES.PARKING,VEHICULAR AND PEDESTRIAN TRAFFIC. INGRESS AND EGRESS AREA'AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 21,1977 RECORDING NO.: 7709210680 AND AMENDMENTS THERETO: RECORDED: APRIL 29.1981 AND APRIL 30,1996 RECORDING NO.: 8104290507 AND 9604300819 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON,A MUNICIPAL CORPORATION PURPOSE: STORM SEWER AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 16.1977 RECORDING NO.: 7711160658 5. EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER&LIGHT COMPANY,A WASHINGTON CORPORATION AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 6,1979 RECORDING NO.: 7903060809 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITY WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. • • Page 3 of 4 LPB 10-05(Itr) (1-06) 20170721000802.004 Instrument Number: 20170721000802 Document:WD Rec: $76.00 Page-4 of 4 Record Date:7/21/2017 3:58 PM King County,WA Reference: Statutory Warranty Deed 20374440 410 MP2 Exhibit A (Continued) 6. ALL COVENANTS. CONDITIONS. RESTRICTIONS. RESERVATIONS. EASEMENTS OR OTHER SERVITUDES,IF ANY,DISCLOSED BY THE CENTRAL HIGHLANDS PLAZA SHORT PLAT RECORDED UNDER RECORDING NO,8002269014. 7. ALL COVENANTS. CONDITIONS, RESTRICTIONS, RESERVATIONS. EASEMENTS OR OTHER SERVITUDES. IF ANY, DISCLOSED BY THE CENTRAL HIGHLANDS PLAZA BINDING SITE PLAN RECORDED UNDER RECORDING NO.8805200326. AND AMENDMENTS THERETO: RECORDED: APRIL 27, 1996 AND MAY 8, 1996 RECORDING NO.: 9604270131 AND 9605081004 • Page 4 of 4 LPB 10-05(Itr) (1-06) . ., .• . .... : . •_ _ .. .• - '.•"" ' ..,--.....:,..,i'•"-a•-:`-'-'4-t,,.2:8.-4S11.p.-",,-5,;--',..--,-,'••-TziE.E.4‘)•:•-•."-8--'•. ..--- - ----- • • '. iiimmrtitivir - te.......mt....c*:,,,,,,,,,,...,-,-;:,.,: :....k•-,.-..... .. . . ..._ . . ..., . r‘ . - : : -'tbitil.:7JOR151 Y..: --- - FEB-16-so-;.-.ii 47 tiopzzqpii! LST E Ef• ITT; :! •• . . . .... . . 22-1 8 3 . • . - '::-. CENTRAL HIGHLANDS! PLAZA SHORT.: PLAT" i ,, : • , . IN THESE 1/4 OF S.W. 1/4, SECTION 3.; TOWNSHIP 23, NORTH, RANGE 5 EAST, W.M.....'‘:-.*-*- '74';',';':',3.---7---• -, . . .... . . • . ,-,. • - • --; *-;:'1.•:;::' ..:‘.; ;-:*•:-.-: RENTON, KING COUNTY, WASHINGTON I . . . . . • 330-79 1C.C.A.S.MERIDIAN-^,-. Scp,le 1....Ga • . : •'.• . . . •---- -.- -• •—. ----..- . . ' •... . 8 • —ir- /I . . DESCRIPTION ".4.4a. --. ..‘-'7-----.- Al 4. . j 41.8•37'si- " • . . : .. . . , ------_a_..45-E, • TRACT 8,J.P.8021844.8.TPA= • , DUVAL:- AVE... N.E. .4 . - . ACEDIONAS TO PEAT RECoRDID . ;. - =-1-----1-AFT----,.._____ ______ Al l•13•32"11, 452.(DY• ' • : , . ' IU VOLUM sel,AN4E DO EECIMOS .1,. #• • ' DEICING COUNTVMsHINGTON, . .A; 141LIS. • .4*47 157.55. 14 . Iscapr THAEPPORTHAI CONVEYED. (11 ii. • • Jil TolOMCOMIYFOO ROADASCOROEO a + L.los.74. . . . . . Umat AO:WM%FERN:.Gaud. , ..z.,..1.:•' • 32A015 • 134,6o.".• i4 EXCEPTIVATFORDOALOSIDEMED R.DS' LI: MR ROID IN 7c.0888.51•Jw:•74ria7, ,,,..)) (s) r:.. ,..., • -(4, . . . ' kl:,”,....,,..2.• ig „. 148907 AIM 701142.41415 EXCEPT ...1.. cpti% -Alt L.V III ' lA StSsx _ , TOE SOWN 20FRITCONVGYED Ye ye...A %.1.. 4. MG CITY OR NEWTON FOE SITAR 'I .: (RECORDED U110EQA)1711'citS REAM 4 JO O. 2 77092toL78„AuDogrAPEromylkellaN 21.-• - : ".7 C)t.O.00 !Li 71.-: . • • CONVErS0 TOTHE CAN,or REMIDt.1,2E4218X0 , r T •le - " - - - - " UNDER AUDITORS NM 140.7711140‘67. .-' ' 0 . . 1.1.141:994:a .111-""' i' 4 I*i.t.se;E •0 8..I C .' ,'"".-'•"..1 • „ ' I ' f... i. . - -I. '. • -i., . , . - ' . . . .. •:. ,. . . . . .„ .. . .... . „ ' . • . . •. . , . . •02 - U/Q.57 Lluts TRACT ts._., . uRacce ze..., Al 1.14.We 7.9.37' 0 , - . . ., . \,....a.., . ! CERTIFICATE Clee\ • - • . . . . ;,, ... i„-.,;!,,,,,:-:-..,-:,.--,..,; ,..;,,,..-.. ,-,,,:i,,,,,.....,..;. ......i_t_HEREBY CERTIFY THAT 1.u&THE UNDERSIGNED,Aff.THE UNDER(S) ,...„:-e,„„,,...,,,,,:,4,--..:::,...!.-t"...taz.„:•:..?.,:trtg....,...4: IN FEE SIMeL) THE LEND HEREBY PLATTED IN THIS SNORT-PtAT.—. . . .. . " i g : • • • . . . ( I.. • - SURVEYORS CERTIFICATE . • ' . Tmis MP CORRECTLY REPRESENTS A SURVEY NADE SY PIE DR UN ,..„.....DER Se wsesto V/ . ' MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE . APPROVALS " SURVEY RECORDING ACT AT THE REQUEST OF OZ-1,014ADDDIA7200. " L.EDGEMENT • . : ACKNOW • EVAINED MD APPROVED THIS12..PAY OF eL-,...6 A.D.IDA STATE OF WASHINGTON . " .. • ' . SS. -- -- r!,14....-G-,,,.9..--- . • , COUNTY OF KING - • ,a_._. • Cii • . .. • „... . : , • DIRECTOR,DEPT.OF PUBLIC WORKS •: THIS IS TO CERTIFY THAT ON THIS 9.56 DAY OF efINeeinA6.' A.D..... r"' ''.;.•CERTIFICATE No. 524 1DZLBEFORE PE THE UNDERSIGNED,A BOTANY PUBLIC,PERSONALLY . EXPIRATION DATE..4-8-.40 Irii.:,,,w6e) ExAMINED AND APPROVED THIS/9 DAY OF /CFF5 APPEARED C.e Zpve./GSS 4I•n44 A":".‘2.0 ye/ASS . . 4ae.t:•:--.' A.D.1R. . . ... : . ..- TO NE Pion TO BE THE INDIVIDUAL(S)RHO SIGNED THE*BOW .;* .••• " ' . RECORDING CERTIFICATE TRAFFIC ENGINEER . : , • . . . • .-•: CERTIFICATE AND ACKNoKLEDGED TO RE THAT The- SIGNED THE SANE . • „nv , AS__Tjed,22 FREE MD vOLUI4TARY ACT MID DEED, ...1: -. •- A.D.-.,.• , EXPOUND AND APPROVED THIS/7-DAY OF• -Z- A.D.19 . • ,___, :: 'FILED FOR RECORD THIEDAY OF .. WITNESS NY HAND AND OFFICIAL SEAL THE DAY AND YEAR hoar Awve • •) "RITTER. ,-,- " . •• .. •• 19_,AT.._...J1.• IN BOOK OF SURVEYS ON FASE_ ' ' •-:?-=..‘:•: . •.• .'- •: • . • .• AT 5110 REQUEST OP . ._ .... . ._ . . . - • • -• • ENANNIED PPM APPROVED THIS• y Of. •-' .D...19.82• .,-.-"- •. ..• -'• • •- ` , .,. ......._ _ . . ••., . '' '7- ,...."'.." . WOTAN.PUBLIC 064'r'n''Ta.''HE STATE OF i'• WASIIINGTCOI RESIDING AT,t-..mk.:.. -• MANAGER .-. • ' • SUPERINTENDENT OF RECORDS ' DEPUTY COUNTY ASSESSOR .. .:CCING COUNTY NUBBIN".!..,..;.,....,•. -., , . : . ., '.:•., . . ' . ...„....______ . . • " . . • • ' , , • ',.,..,,,.`,,..:1,, A . . . " - JOSEPH P. MARSHALL TRACTS. " ` I WALTERW.WEEDIN SCALE I"-200' REGISTERED PROFESSIONAL ENGINEERS LAND SURVEYOR • DESCRIPTION THIS PLAT OF JOSEPH P.MARSHALL TRACTS COVER AND INCLUDES ALL Or THE EAST 12 OF THE S.W.V4 OF SEC.3,TWP.23N.R.SE,,W.M.EXCEPT THE COUNTY ROADS. ALL COURSES AND DIMENSIONS AREAS SHOWN ON THE FACE OF THIS PLAT. ALL MONUMENTS ARE AS SHOWN ON FACE OF THIS PLAT. DECLARATION. __ _7 "r L+C KNOW ALL MEN BY THESE PRESENTS THAT C.THE UNDERSIGNED.JOSEPH P.MARSHALL.OVNER IN FEE SIMPLE OF THE LAND HEREBY PLATTED HEREBY DECLARE THIS PLAT OF JOSEPH P.MARSH- i ALL TR ACTS. I?''jui i IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS_L3 DAY OF APR'L A D.1942 I ;<� Ine GOP „e le'N3• T9an JOSEPH P.MARSHALL_ �_ - - SLO,OSr ONI TO L PSfG. :17,Wo S" 'PIPE T•MC IT W e3 PL CAPPED IS < I I ^ ACKNOWLEDGMENT STATEOFCALIFORNIA ll NSA*TS'IT'w I NDT•!r'/O•'W COUNTY OF LOS ANGELE5155 TAP.T/ PAP eG THIS IS TO CERTIFY THAT ON THIS I3TH DAY OF APR L A.D.1942.BE FORE ME.THE UNDER- r. SIGNED.ANOTARY PUBLIC,PERSONALLY APPEARED JOSEPH P.MARSHALL TO ME KNOWN TO BE • THE PERSON WHO EXECUTED THE FOREGOING DECLARATION AND WHO ACKNOWLEDGED TOME THAT RESIGNED AND SEALED THE SAME AS HIS VOLUNTARY ACT AND DEED FOR THE USES AND 14 V 2 ^ PURPOSES THERE'IN MENTIONED. WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. x6 1'X•W N67•IA'PS"W T.B.DICKEY _ /.O/c� •ll!]I SAIL 9a NOTARY PUBLIC NU AANNO FORME STATE OF__RESIDING__ A• , NOTARY PAWL.INATIO FOR THE MATTO, LOS ANGELES.STATEDE GLIFORNIA. MYCOMMI COMMIS, sepremBER IT INA! C r- RESTRICT IONS. ^yl NO L07.OR PORTION OFA LOT OF THIS PLAT,EXCEPTING THOSE LOTS WHICH ARE HEREIN- xervv'w xaT•rr•)rw wI AFTEGRESTRIGTED TO BUSINESSl1SE.SHALL BE DIVIDED AND SOLD OR RESOLD,OR OWNERSHIP • )03.90 a 1.9.pa »/.n CHANGED OR TRANSFERRED.VIM EREBY THE OWNERSHIP OFANY PORTION OF THIS PLAT SHALL • P. ''9 0^, • BE LESS THAN THE AREA REQUIRED FOR THE USE DISTR IC T STATED ON THIS PLAT. ^> ALL TRACTS IN THIS PLAT ARE RESTRICTED TO S-I.-SUBURBAN DISTRICT USE.AND ARE 12 'Rk 4 N 5 "' SUBJECT TO THE PROVISIONS OF RESOLUT ION 6494 AND ANY FUTURE AMENDMENTS ^ • . ^^I - THERETO. Rt I Neer-or re^w,e2, Nae•GI're••w EXAMINED AND APPROVED THIS 29TH DAY OF JUNE AD.1942 I ))W 96 33/.33 x HOST - -_..,,.< __ 4-A o Te / '•8s _ MAY TOM SMITH--- `n, /y' -, O • �: ;-- a �Q Te AN 66a9O OR COUNTY mwu/rrIONERS `ee.W� C. W e 3 'i`'. 00 le.Is-L• —E1MEE.1<ENNEQC__-____-_ u,. 10 g'. II R I xT67 CIERA BOARD OF COUNTY CONAN.TONERS0'; '. ¢eep/IfacX 15�•6 EXAMINED AND APPROVED THIS 26TH DAY OF JUNE A.D•1942. " R?' T) eNM LT BY J_R.HEATH .. Tia'3T,� 3 , �PPI.O', DEPUTY COUNTY ROAD ENGINEER ICING COUNTY NOAG ENDINEER• L .l y A• n O.,v35. l HEREBYCERTIFYV THAT NG E WITHIN N PLAT OF JOSEPH P.MARSHALL TRACTS.IS A.0.19 96 DULY APPROVED BY THE ICING CL7UNTY PLANNING COMMISSION"IHIS_ DAY OF JULY A,D.1942 11'_ 0 l p9 + OTWAY PARDEE CLINTON SHARLEY 1PLII i ", SECRETARY CNAIRYAN— -_ DON S.JOHNSON W v E LNCINEERAIMEAMMYE OT/CA lr P. H 9 8 a �250442 " •: ' rILED FOR RECORD AT 7HE REQUEST OF THE KING COUNTY PLANNING COMMISSION THIS -6_DAY or_ I7U I,y A.D.1942 AT 30 MINUTES PAST 9 A.M.AND RECORDED IN VOLUME 36-- OF PLATS.PAGE Q.,RECORDS OF NI NG COUNTY,WASHINGTON. ROBE RT A.MO R R I S Br M_ R.W LLIAMS EIN C,N ITOR 34`Pf0 NA(GP SE[) DEPUTY NUNTYN/OI)Op P/PE )29.)J r10•T) 3P0.T1 I WR N00.39,WE OUT 91 ILONG.NON .. .. . .F. :.i I HEREBY CERTIFY THAT THE PLAT OF JOSEPH P.MARSHALL-TRACTS IS BASED UPON AN . ACTUAL SURVEY AND SUBDIVISION OF SECTION 3,TWP.23N.R.SE.,W M.:THAT THE DISTANCES COURSES AND ANGLES ARE SHOWN THERE ON CORRECTLY'THAT THE MONUMENTS HAVE BEEN .I 5E7 AND LOT AND BLOCK CORNERS STAKED CORRECTLY ON THE GROUND.THAT C HAVE FULLY COMPLIED WITH7HE PROVISIONS OF THE STATUTES AND Or THE REGULATIONS GOVERNING PLATTING. WALTERW.WEEDIN a�� IfGISTE/T O PROFESSIONAL ENGINEERS LAND SURVEYOR LERIIFIGATE NI ISe RENEWAL C.IV_I011 i 1 APR IL 6-MR ; ; • This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets,natural boundaries and other land,and is not a survey of the land depicted.Except to the extent a policy of title insurance is expressly modified by endorsement,if any,the Company does not insure dimensions,distances,location of easements, acreage or other matters shown thereon. ..- , .z...,..•.„. .•••••!-";.,'•;,.'"'s',••--',-*1 ...,'i.,...a"..;,, . %-••1,4:-••' ti''' -P'•*,..,4:4-,-,..!1,,47.:1.'",C;,e i.' ''' '''''' •.' 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'''''''ir-:',.'-:;"•!••••••'''.1 C':•':0-drporatiOn'ef the 8.a e the tate•of Washington. -- • . ,,,4 ession Tos'4e......Of 3:9151?''1 --- 9 -. , „. ,---- • , • . ' -,„..-: -, .,!,. _,-,:, . ,, .•,,,- •,._.,,,,,, '-' ' wvi 1414i'rgl$:P6Ii ; is' °Plls h b" afits-bbish-w 14 accrue ._ • ,, hich,is!Seltnottledged;•and-t e, 0r , land of- i -granted, do hereb,ii, *-.. .. -..":e4441b'bf':VI '-''' ' '• -• lie of the righte here p • or bythe e..e=o h smatter stated. . • „,. remise,'r'eleeeP. -- ' ht of-way for the.parP9S.08 ...end ,strip_,.. Y 'Assigns, in,tasaMent and rig ,- end "orever grant unto rthe 4-x'antef°,.•ita•-0'100'0380ra,anci inwidth that is..,, .. •'':'''' --•/' _ ' -•',.. . ' include an area within the 'oaths of,otnbeeictonhaertrusieredotchcanannettaline at . ' * of land•30•ft. . . • - • . -'''' ' . . ''' .Tioney•Creek, on the following ' . described property: •• , ,. • .,,,,:. . .-, • WI *County', Washington In • , , . \."''' '''s .. ' s' • i portion of Tract 8, I 3.1 larsha , ;Cos. P. Tracts as recorded in Vol. 38, - Page 30, Plat records of icing . . . .-., •. •. . • ,- " ,,`, ,,,,,,141 Sec. 3, Twp. 23 3.11. 5 2•W•14* .. . . , • I , . , ' ' ' ,, • • ,.. . , . ' -,_ -• .: . .• „ . .. • , . , . • ----•- - - . . ... ,... .. . • . . - , :,,. ; ... . • .:...:. . . . . . ,• . ... ..: . ,... .. _.: . . are e above described lead to construct, reconstruct, .,' Said easement and right-of-way - ;• i- ".' " The right to--enter upon-the drainage.charm for-.._the following purp,oses el- and/or other- flood control '9 illaintain and repair'a, • • -7, . including all-appUrtenan , b`nsb and other natural growth a • ''''''.` 3 . . • ' - , -- - and-remove all such,.treas, .r ces thereto, together with right totrim, cut, fell and to e •. as are necessary, and obStructions . ..._:, .... eliminate ititemr?r- • ._: ... to the structures. dpsrovide.adequate clearance , .. . .: "'-.-`--. ' ". •'. anas-with, Or hazards _ i - ' ideration above nentisnad, is ao„.'" • . !The•cons ...._ granted. • . .•-••* .. ''' " .. - . ise of.the rights above grent • . 4`. • .. ... , pbe.e..,:e c canted as full,oomp.enaation to,. •.* 1 • • i . • • ' • • ' . • : '' ' '• •cf to.hold,.all and singular, ' itssuccessors and assigns, ", - -.;•.- "To have'en unto• Gran•-ee,, ' ,, • •• • way,- together with.apPurtenances,. ,,,. ...„, ' the,said ieSoMent and right...of= .• . . . ._. ,.... . - 'to set .72',..,fr-hand, the-day ,. -, • . ,/W WliNESS tilEfigOP the Grantor here= - ._ Orkg, ' ., Garrir._. ,. - ' .• - t.1-...i'l....• -':-...- - .- . ., -3 . . - , - , , ' .-•" • . ' '' 0- :- •ill -(2 ''---- '--. ea.:,,;.-." Y.,- :%•.. •• '.--::.;.i',,;...,,.;•. .. '7'4:2: :'.11'' . -„.... •:., '444 :. '... 'r, . •,.,,,„_' , In, . ,._,..r."- . ..... .. ., .. Grantor -.1- -. „ . ....,,-..-- ., • . . • . ...,. . , . . . . ,• -• COUNTY ..PY'X4Ta. 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''.v. -'91..'th:itit'AIVg-lt.,-"INP'C'=-.°"•SqlfIti .-,',' ....,,,g1 ,,f.,,,4.•'',"•:',-'4g'.."01k2te.•."34-'=.-''-.• -7§ .4,1 -agti-c0.4i64,.;•Wk..•.,e4.4'4',.,,I.,,, ,,,i-S'il'' --.';!:;•••,•'•'!,--...:•.,`A-1-':E!,•-•','.-.,:i,•,..,...- ' it .'4-i*.,*--,,rA.vg ,,'. • -',/q a..4:.?,,,, ei4,,Ar :-.--", •,.'"-,A,-, ,--4:4:11,,,,,,•--f-.Y4'..,1,.,A,'7-.,--„---,-,-,.,,7- ... - --:, ,.;...7, ,,:. .,-,A....-43).•:„..... , '°*`•••,'•.•54..1•.•::'•''-• „•.,,- _ �O ,fi.- FIRST AMENDMENT TO DECLARATION OF EASEMENTS :id ' 4/3070a. i j THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS is made //� , r' ,1 as of March 26, 1981, by and between C. E. LOVELESS and 1 . JOAN E. LOVELESS, husband and wife (hereinafter called "OWNERS"); j ..I RUSSELL COLLINS and IVA M. COLLINS, husband and wife, ALICE L. ,a j O KYLE, and KOHL EXCAVATING, INC., a Washington corporation, as , Beneficiaries under a Deed of Trust recorded November 1, 1977 ': ((V under King County Recording,No. 7711010199, BANKERS LIFE COMPANY, 1., J -- an Iowa corporation, as Beneficiary under a Deed of Trust re- ij xr.{<V,yQ` - r.i corded December 12, 1978 under King County Recording No. '� •' 7812120259, UNITED BENEFIT LIFE INSURANCE COMPANY, as Mortgagee under a Mortgage recorded'December 21, 1978 under King County 1,,; Ill Recording No. 7812210877 (hereinafter collectively referred to d as "MORTGAGEES"); PAY 'N SAVE CORPORATION, a Washington corporation, i as LesseeunderacertainLeasewiththeOWNERSrecordedSeptember• i 23, 1977, andDecember18, 19.78, underKinq CountyRecording Nos., p7709230628 and 7812180176, ALBERTSON'S, INC., a Delaware corpora- ' " ,.1; j '1:,;i:', c;w tion, as Lessee under a certain Lease with the OWNERS recorded ' 4 a:;4.-IC .. December 21, 1978 under King County Recording No. 7812210873 and ->- as Sublessee under a certain Sublease recorded December 21, 1978 i ! ,g •f E .. under King County Recording No. 7812210876, and SUTHERLAND i . p G;g !t 1 ' atj p 3 a ASSOCIATES, a Connecticut limited partnership, as Sublessor under }i �,•! crZi that certain Sublease recorded'December 21, 1978 under King ;,'k ,FYi r.. County Recording No. 7812210876 (hereinafter collectively referred )71, (� ��' t�,1$si il to as "LESSEES"). Y kA14t j, C� A. OWNERS and those MORTGAGEES under the Deed of Trust .'' '':::::::::::;:::;:t:1 uq' }" J� recorded August 19, 1977 under King County Recording No. 7711010199, iM1rr7r 1. entered into that'''certain Declaration of Easements (hereinafter .,„p ii}4,'I referred to as "Declaration"), dated September 19, 1977, concerning 1 , ' :r' d.' certain real':property (hereinafter referred to as "the' Shopping ! � �+ 'fah 5,:•. k� '-sw14.7 Center") situated in the County of King, State of Washington, as i �•,'' . };,.Ac, 'RE:-a• more fully described in the Declaration, which said Declaration ji ( • �';p� �# was recorded on'September .21; 1977 in the office of the Recording !jl x• Offices of King:County, Washington, under Recording No. 7709210680, .t. )` i,tl�if~O ggal,`desc ip,'( 9npof which is annexed hereto as Exhibit "A"! j,� 4. ./.Y�p, el/04/29 #0507 0 i i1 - • ;'�Y .irt: I;;,?C", ^ -';I ?icon •RECD F 17.00. �'I _. 1 E7 ..o- -•-,Iu;;ab/ Page 1 of 5 CASHSL ***17.00 r.ii .MM . :w,,.!�r 4iir' S� <I ,,/Z;Rid �`;f 67 • : . '... : :::.:si-1:7,W,Yr- ,•.;..:, ,. '' B. LESSEES and those MORTGAGEES not enumerated in Paragraph A above possess interests in the Shopping Center which interests ', occurred subsequent to the recording of the Declaration: j C. OWNERS, MORTGAGEES AND LESSEES desire to amend the s' Declaration in the manner hereinafter set forth. N- NOW, THEREFORE, OWNERS, MORTGAGEES AND LESSEES hereby amend Ln the Declaration as•follows; . a iea, vs 1. That certain Exhibit "A" attached said Declaration ;s ., is hereby deleted, and substituted therefor, is the Exhibit ,I ( �s A1' V "B" attached"hereto. :1::.:-1 1 i' ' "• ' 1 2.. Except as herein,'expressly.modified and amended,. the 4`'i' terms, covenants, conditions, and provisions of said Declar- € ation are hereby confirmed and ratified and shall remain in' I l• i full force and effect. ‘ q { 3. The terms and conditions hereof shall bind and inure f ' to the benefit of the heirs, successors and assigns of the s 1 i x 1 ' i parties hereto. , +}} • r.i;�,jy IN WITNESS WHEREOF, this First Amendment to Declaration of .'_•:` l, ,, , Easements is executed hereto ae of the day and year first herein- ;(4�,;, ;,,:•:,, . �P °.' above set forth. .l.: ;�j Witness: 1 r' "--(La ;.,.,, ;. ,: rle., C. E. LOVELESS + . i.'. A,•'ti 'aj j QQ� � 4 JO E. LOVELESS ". i ,` :1t. Bny , ;5 "OWNERS" I. t` RUSSELL COLLINS 74 ,i. IVA M. COLLINS + ... 2 ...�oY_ i ..J ` ALICE L. KYLE' j :',4 try KOHL EXCAVATING, INC., a'. j ��1i�,t�- ;,. Washington Corporation 4.'i 4s v.2, ) I i m sty Attest �ICK0�7 2/�s�i�Hiyr� / I lr.. Page 2 of S .11$ l _ „.. ',. ... '',",.:- .-...ram,S; ..`: y`hrf '� F'?* ;,':r*�::L,; 4.a:;.,::`tip'' f<y_ .:. • ,,a a?-:.,:',"7': :ak. - -_" :a' nati' 7Y`T= s:,<a cr•.:i• ,a;tT., <.,',1: „y7 ._• � :.�,+.,,.. .�:•� "'•�-- - 'rid' ; sr'.:'r."i:;-:k�i:?ax.. =�• .�r't- - ,r • '� "' `�; Witness: BANKERS LIFE COMPANY, an ",',a+ : . • i Iowa Corporation ''�,, •1 t P.nUPRrcn, ealon• 1 .Ior,*mmartial Me dSavi 8G,PIMANCi o D fmmeraMortgagee • l ' UNITED BENEFIT LIFE INSURANCE . 's . COMPANY 1. • r` O • By: In .i O . Attest: , 'ett r , O "MORTGAGEES" it 11 ` f' PAY-'N SAVE-CORPORATION, a . 1 • Washington Corporation-" ', , ,., . : , By: • Attest: ' I i't ! ALBERTSON'S, INC., a Delaware ' .: l �' alit; I' . Corporation. "�ily i ,, • . _ . . . _ By: • _ ,}r�".i: •a, . . . . ����}'t~- : ,. • . . .... ,,,,..„,„,,,,„.„.„........,.... •i� (,f�t,`; � Attest: � .`-�};`•,r ,+'';,`:_. 4 • • , rw . ,. . .,, (({J,+ SUTHERLAND ASSOCIATES, a I ,;. t'F[.+ Connecticut Limited. Partnership x ! r L," a 1E rr11 •. . Attest: .t„..:; • r;1''J"��.;}a;1�i • . . "LESSEES" • ".,`•+:..!,,,-,.,.; ,.,.„ 1 Sr • �,,Y r°° ,s , . .. !r ".F i '4' 1.''''',/• ` . I ris rti pr.7it.liii * � . . . . ..._" •..,, { YI •4 ; . ., .,.., ..„ T. • , ....,...,. :„..,,,,,..:,.., ,. .,.. ...:„.,„,„, .,,„ • . . . .:: ,,,,•,.,; „?...,. . . , _ ....,...,..:.:,.:_,,,,,‘,,...,..:: : ,._ ..,...,,,,.. ...,„ . . , ...,_„:„......,,,,..., ' ,, :,. ..,, , Page 3 of 5 1 .:-Vil.... • * • Vi'., ?'i. zf.y,a ;: • •tip, d az..� �,•-tt: x r•" . , ,. '�}'F ,tea v n�+,�,,r 5' - - -..... -.,,F.'- :;�i, '^Sid;. •.e,ryl:to:'+f,_x".o.sazt•L3'L't,."'i•�-r";IMsf- :A^ �::;k:,C.:;.�+r�..,.,m..d .. L• pp{ 1 waffft yY Witness: BANKERS LIFE COMPANY, an Iowa Corporation By:• Attest: UNITED BENEFIT LIFE INSURANCE COMPANY r. w ,,SC „a' ''ico Pray a''t / _ k • O Attest: ' i� . lf) L-It / " , % , O • "MORTGA EES". • N : ,-. ra twe- `6` • PAY 'N SAVE CORPORATION, a O Washington Corporation li S z Attest': d S t,.. ALBERTSON'S,'INC., a•Delaware' � I 1 1• Corporation • ; hi a Attest: J ! P41.: .,2.A...., 0_,, tfil ' . SUTHERLAND ASSOCIATES,:a .. , l, r{M1� Connecticut Limited Partnership• f} 0, i r rr !!sG Nr Attest:, '+' Ikflrir ..I "LESSEES!' v �tqj ! rr, •h, a r s � r ` ;,rl �r f k ;d.rrr"ji';;.,'I . • Page 3 of 5 • • { r;al. �- i•4i bra '.,._._.,. ....�u�M..,,."... ,.,,,,• +rv.r ..r of s t ri.Y -y rt`iy yr. dr f Nf't.i f f d J� V f' �,� dfi t i4t ! � T • •• - ," •-'''n, •.:k''.54,0-•?6•-•.;1,v.!.",••••44;I -. .'-,Wz;1•,2.t.lifiv ' ;,•.';'.,•,;1., ..---"' •••::'.'-(f'''-,...•7.,:,.,•'..4',:i.,• ,••-• , , -• ::',... ' ''''' ...."' :',•;t:.-. , Witness: BANNERS LIFE COMPANY, an f'•':: :': Iowa Corporation • .. il • 4 . . By: • , . 1 Attest: -----7-7----- ---------- .• ' , .... : . • . UNITED BENEFIT LIFE INSURANCE .... , _ COMPANY , ------- --'--------7.-._ Hy: . I - • Attest• : "MORTGAGEES" " a) PAY 'N SAVE CORPORATION, a P4,"--"Aacti.:,''..;.• ":' Washington Corporatio, ' - 1%.,,, "'Jl' ;.*:,- --• '.4, ' . '( , •..: 4 Attes•t.........„....... .,. ,,, ...• ,• ,• t • ,:.• -.....', '. ,•, .-::--„,„...,-,,•.•, ::., ,:-:•....• : ::„. I ALBERT .N.B, INC., a Delaware .!,:: ••:::':," :, " ' • ,' Corporation ' ;: ',• '-?;',•':;.2 ''' ''' 2 ''• -.' ..,1.1.. , '-'::::/•': ( •'. .3',!),1' , By: • •',...,;,"',, ' i',1,,,' .ii'.' -; ... ' . '''.; '..•:•.''? 'T0;40( ' Attest: lit , , !!,•::',.„^.,,-:,•,;:;C:',,, A''''';':.:!'''.',;,•';': . ...,,,:,,'; , _ SUTHERLAND ASSOCIATES, a , ..„ . • , ,., •.''':' " 11" • , ,. ,•,'•:,,,t: '';', '''i". 1 '.• Connecticut Limited Partnership • ,, ,-,,--...*: , ....,,.,..By .-'•:',',:'''. ;4,,‘,•fl..'•'' I ! . .... . - 1,..,:•':•'''''. IZ fit.) i `,',•;:-,,..:::,. ./P, NT 1' : , . . Attest: ,,-.„...",...,„ . . . . , •'LESSEES ' :•J:,.,.j."-i-,'-.-,:',:.,''.::::; , . ,, 1• 1'Il'i 1 FL 't STATE OF WASHINGTON j ' '.',.'':',,,,;','.'"?.;:''.•,"•:' #1'4, ,.';.'gf - ) es'. • • • ' 'i:*.-'1:'''-i-?ti'll '• 1 COUNTY OF K I N G ) ' ', , ,'2 r.c:•''..".',r:''':.; ' ",„;g,..1 k.. e,18:2V:i • On this day personally appeared before me M. LAhIONT BEAN and RAYMOND C. SWANSON, to me known to be the President and Secretary, respectively, of PAY'N SAVE CORPORATI0h, the . corporation that executed the foregoing instrument, and ' I ,. .:, ',?;].-', ,-,:.;,,;•:„ ."..,,;:s acknowledged said instrument'to be the free and voluntary f,. ,; : ',',..,:i.,;,,,•-,.,;;;",'„•,:,:-.,4 • 'a' .1 f-------,;act'and dead of said corporation, for the uses and purposes 4 2' ,I:.,w,t,i,i .1 ,, 't(''f.', :-..;i,.:!';.., ,,,'• ..„..., .....) 1,,,s514„,.1 therein mentioned, and on oath stated that they were au- r—r7yr--;-,---thori•Fedn'to execute said instrument. i.c1 • •','?;';'''''''''' '-,c....UP.•'4;11' ) ;' ' •‘,' l',' .. • 1 • "''.''''.'.!-',-':;•:',..:;',::;:'_':' 1,,ii:',1'-',f, .2.% ...,,t:f.',.1!' ' ' ' '••''• ,...WITNESS my hand and official seal hereto affixed on , ..„ • aiatm..."re IC , 1981. *if.::,,, .5,I-'41- 1..i.;,1fr % -''.'....' ,•-, ..:' 4f044181144 Oe A /0" e.:;:ii. 1 :' .., •-• ,'''_'''-4',':' ',•,:',' 1;' 4, ,,I1 ` - - , .! otary Public in and for the State 1 .1 , :12:::,';:..:: :• :%::'•4,' ,,,..:X':!ol:a!1,1 ;:••-•-•••-'....••••.',". of Washington, residing k'''''.;;;;1' ..riwi,.64 , ' • . . . •., „. . „ ;,:'., • ':• ?..!;:it.-4.,,ii ,.j,...,:,!t-'!!‘.;!.--!-4"/,!,i. • - ' Page3 • of 5 1. ' -''''.: :f1 •14,f.31'At.''':: ', :''':..,".) . • i'',M, .''''..i.., •,:.,4.,,_,;:.:.a.---.../,-;$';',.,•::;M;; .-. ',:.'• :',•??,`h.... - . •,.?„.t'l6-''',,...;';'::::-.,:::-.,•.,'.';: 2'.,,,,•:.',. ,i•i,zi.., -,,•1,,i, ,..-..,-.,,-A',-, ,,,,,,,,:‘,;'4',...wtr.,g, .;,•:-..•,••. :-•,,:i0.-...5.,cp ..,;•. ,,,c,,,,i.,,x..,,,,,,,,q 4.. . . • ,, .....,..o,,,,v,,,4,11,4.f. I. ...,•,,,..., , .W •-.,---.:4-a4-,.x...wii.,-2-,1'4,,,9.'ri..J .i..r., -1D4• i,!. .:2' ,,F,ig'!'1,4_,4w,l.t',,y .nt.',41`4'.!:•?m,,,,,,rosi,,,,,;:1- tA,7",t4g• . , . . . . . . . . .. . .. . .-'-- R e-= 5,-”,,--,•,:,4-;-•,,i,::,-.,,i -O' .'.`..1%-,A,,, . . 1'4,4.,kW:,,Y.,/,99:Pe.*'''4,' ''•,5'* • *''' .* , .' . . 4-•'''ir•4, ,i.W`ra.'•;*,*.n:-.;W•• ,*541 "•'••.4 . . ' ' • . • . 4 . . • . ' ' * ' . * • * .• aci• S 173, ',.• •-1. ; ,,,• :. r r; Witness: BANKERS LIFE COMPANY, an Iowa Corporation By: .j. .„ Attest: w UNITED BENEFIT LIFE INSURANCE COMPANY By: Y 4 ;. , , , , , , , , , , ,, , , Attest: -r,'r C "MORTGAGEES" 0 PAY 'N SAVE CORPORATION, a 1 --k..-.'a x Nv Washington Corporation F ' yy 4141 00 By: 1 t rrf 1 Attest: �. , r'I ' • ALBER SON'S, INC , Delaware 1 Y COY at 1' ' i 1 r O Senior V oe P esident r�,'t4. a•K v5eNcatC. Attest: / O. 3 - :.'nc'C, Se et ' . 4,A,; SUTHERLAND ASSOCIATES, a :D t'Q. 1 ' Con cticut Limi ed Pectu rship ��r if / 5-I t '''' A enegA fflryref 4 Y1r•.::,I C B 1 r �`' Attest: 'j 0 'q 'IiESSE ' 1' )11 I Y;,•:-. LR^i6��' j4` �� D '4 i ,._ 9[ SMp a�f� .... , ,., , . 4 . . . ., ., . " : ,,,,, • 1. , , b , ,i Page 3 of 5 r r R'k0 . . .,,.... ... . .� „• ••r{s,`5*:iSx-' na¢,ppnar . . .. :;Y:ua; =fit: ,; t ' l 4E4. '- r,"t, yr ', ..r. • ii. ? EXHIBIT 'A" Parcel 1 (Collins) Tract 8, Joseph P. >S Marshall Tracts, according to plat recorded ' , in Volume 38 of Plats, page 30, in King , j County, Washington; EXCEPT those portions thereof condemned for road under King County Superior Court Cause Nos. 701162 and 741907. ' N in Parcel 2: (Kohl) All that portion of Tract O9 of Joseph P. Marshall Tracts, according to N plat recorded in Volume 38 of Plats, page 30, ;t cr in King County, Washington, described as, ,, i,�tir,, ., _, follows: Beginning at a point on the west line ;, •i,. ,,`.,,',;y„A cp of said Tract 9"and the South right of way line :'4% 1 • • of SR900 as described in Decree of Appropriation '. I1 entered in King County Superior Case No. 742207, entitled State of,Washington vs. James f••• A. Taylor, et al; thence South 240 feet along `�,�, ,'`',i , the west line of said Tract; thence Northeasterly ' 'S.'d ` `1 j 240 feet.from and parallel to the South line f ?.I of said SR900 to the East line of Tract 9; ' , thence North along said East line to the South ;• r' right of way line of said SR900; thence South- • a j" , ` • westerly along said right of way line to the ± ,• I, point of beginning. ' 1, , i Parcel 3: (Kyle) Tract 9 of Joseph P. .3 .; ',•`'A+L;.++'� j Marshal Tracts, according to plat recorded ••I;I:1i bra . in Volume 38 of Plats; page 30, in King ."i�.}; s County, Washington; EXCEPT that portion thereof , N.V.pfh lying northerly of a line described as follows: [ � Beginning at a point on the west line of said fl t,.�!.f;, t. Tract 9 which is 240 feet south of the southerly .. {{.. ; . � F: margin of SR900 as condemned in King County rq� i; . Superior Court Cause No. 742207; thence north- ;s,4 easterly, parallel with said southerlymar in . to a point on the east line of said Tract 9 4i. ,. which is 240 feet south of said southerly . ' r margin and the terminus of said line. , p I* E ff ' ,oiy�k. I _ • _ # * * _ * • • * a a • _ r _ r _ r _ • ' . 3/26/81� ,4 ry; t NOTE: The composite of the three parcel description dY ;! ;I cited above can also be described as follows: �'., '._� ',� i., } I Lots 8 and 9 of the Joseph P. Marshall Tracts, ry % I as per plats recorded in Volume 38 of Plats, . 5" ':! 4yr`r Page 30, Records of King County, Washington; '"'' „�}o except those portions dedicated for road r'?t+ t purposes. f: ,..0 ;PJ. ll • li • 1,� '.I. • ,. :,s. • Pagi: 4 of 5 • . , • /BUILD, M►UL101.5 I lit . it h.1....._.. N I- ` o Ot i ' kl 3 _FOODTeca _PRU6 TG0.E 1' 1 2�,71L eq,y[ Id,AROWARE 0.p• t at.se 5a.rt 1 -9L,oeo m,rT ^+ ; 1 L �� O rl N &,i k _� ) '3—ti 11 INIVNI4t70....\\LN: :','0%.:N. "4 )i f� r :.> �Iiam. 1 y! ice, x I i �.9 NS 1 .: . 'C`, , \ k. „ ,.. ,, „,,., N.,,,. •tg•• '•'11' ISio‘ II .". !k1'.; ' ':''' i 44 .4f,dit4S: ' 11 ,: , • :: •• 0 ,aks... .;.. ,� i - . ' ... I. !� It. •4. . . -,1 — --1 . 1 I Iall IN���1, l 1 \' �LD.n 'PAD I q.: .., .4. 4110. JD J�,-� i•11 i Bl.Dt7 i\• 71 Maur Soo.,B 1 S o r ..1 : : ?AD I MAW 23'tor t�b` I ne y� 71 FAWLwy lot ute Ell ;fir. -i • `1 4✓�{ 11 k"tUlt.lik" i� EXHIBITB*,I Declaration o Easements - Renton 44 I`.' © PLAN )) II IIaa �'• C Ir ©040E, PLSAIN i1� '�'bRAI ex Ib }1t1 Im q i�$- 111010)1 ('` 4 # ,o Lo- Iw IUITLLLS £`1 ; CENTRAL HIGHLANDS PLAZA = n! .;P ....T.u.Wt. . tt''.".:ji WS/S�r�t ?4. lq''tcy../.1.0. .11. ` 4 a t..,; V • TM, :,,1 ,'s tires-„Tr (c-,,---)e_ )yy; ;., ,) Page 5 of 5 • '14ke IT 1 91:. of STATE OF VASH]NGTON ) PPP ) ss. COUNTY OF KING ) ,e • On this day personally appeared before me C. E. LOVELESS and JOAN E. LOVELESS, to me known to be the individuals described in and who executed the within and • foregoing instxunent, and acknowledged that they signed the same as their free and .k voluntary act and deed, for the uses and purposes therein mentioned. 'WIliFAS MY HAND AND OFFICIAL SEAL hereto affixed this d7 day of Yratrl.'/ , 1981. { • • WasAR PUBLIC in and for the State of hY ington residing at Q/,/„„,0Q , i i STATE OF 4ASHINGION • 1 ) ss. . p COUNTY of''/4i"1' �, ) • 'E"'•'; . {.=,, 1 On this day.: to me known to e threesindividappeared als d sccrrafbred in and who eLL exxeeccuutted the withS and in and s : O foregoing instrwnent, and acknowledged that they signed the same as their free and O voluntary act and deed, for the uses and purposes therein mentioned, ''i i' i N / i•lv. 4� y WITNESS MY HAND AND OFFICIAL SEAL hereto affixed this 971 ;Ida "'w ,I' 1 •i! i O 4 re2rii ' , 1981. n .. . sff>I fj.--.. • :,s - j Ndr UBLIC in an or the tate of .!„ Wash gton residing at f'-A,/1Q//J . ,�"'Y', i!. :•'; STATE OF NASHINGICN ) #. •::."./, i!, ,i' ) ss. . itl :al:$k :, COUNTY OF'''�',,'C'' ) td.t. ';1 day personally appeared before ne ALICE L. KYLE, to ne known to be the • t n i,.i,f.11�a^',, ! On this �I,. individual described in and who executed the within and foregoing instrument, and h f acknowledged that she signed the same as her free and voluntary act and deed, for • :t ,,•r{ ; the uses and purposes therein mentioned. 11 1,41 a . WITNESS MY HAND AND OFFICIAL SEAL hereto affixed this 1 day of e ;i ; NOT/Alm PUBLIC in d for State of ; LWashingtonresiding at ����'34 y' -/,;, .. .}� STATE OF':' ) • (ei.e• ) es. 1 . OJUNTSt OF ) • 4 F On this day personally appeared before ne and g j s , tone known tote the individuals described in and who executed the within and foregoing instnment, and ackn wledged that they signed t= �. the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. • Et ;.. ',,'� WITTIESS MY HA D AND OFFICIAL SEAL hereto affixed this day ofw s;,t 1981, y� ; :w,. 1.. NOTARY PUBLIC in and for the State of 4 _ ' .. 1�,,j Washington residing at • . . •r -_ 4 r• `1-). R . • • Q• n � j STATE OI Wa�y[t.`++.Si�ai ) K . D ) ss. Co. COUNTY OF this f day of , 1981, before me, the under- si a Notary Pubic in and fo said S , personally appeared ' • i i- T, the and 1. a..s7i..,4,sn1.. . to • me to be the (J ;�.,,,� and ...-ate- , respectively of 1 �,.R. , the corporation 4hat executed the fore- going ins t, aclanawiedged to an that said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein ' mentioned, and on oath stated that they are authorized to execute the said instcvmht and that the seal affixed is the corporate seal of said corporation. • WEEMS NY HAND AND OFFICIAL SEAL IERL'm the day, month and year in this ' • 1 o certificate first above written. LP it N C "` '.. " "t `@� V NOTARY P C in and or tate of , •';y ` � residing at • `i fr1 STATE OF' } • ., x ) ss. • • 4 ff ,. COUNTY OF" ' ) ''; ' t1 % On this day of , 1981, before we, the under- • , R..', , :, -s signed a Notary.Public in and for said State, personally appeared . and , to k1; +, I me known to be the' '' . . and , re- )' :,- ) spectively of " '- - ' , the corporation that executed the foregoing instrument, and acknowledged to me that said instrument is the • Pf;+;'�a free and voluntary act and deed of said corporation, for the uses and purposes :•!u,:'. r.'., therein nrentioned, and on oath stated that they are authorized to execute the • r t„',e•' ' said instrument and that the seal affixed is the corporate real of said •t t s,IF ?•�t' corporation. , �t _ 1ti( WITNESS NY HAND AND OFFICIAL SEAL HERETO the day, month and year in this 1 ,:i .1..., certificate first above written. s f Ae .,'m. •11 NOTARY PUBLIC in and for the State of • f`r .;V' residing at t . STATE OF" yet, • ,}�� 'i'I CW67TY OF' } ss. 11 r•' Nsl k 0l1•4 On this day of , 1981, before me, the under- 1 ' signed a Notary Public in and for said State, personally appeared - , ,i and , to me ]mown I 1 m X+,, 9.+ to be the and , re- • ' +.:.. rt: ;frt i spectively of ' , the corporation that ' '�a(} fr';`t, executed the foregoing instrument, and acknowledged tone that said instnment ..is the free and voluntary act and deed of said corporation, for the uses and "<%"� +"n k' purposes therein mentioned, and on oath stated that they are authorized to !.1., 1.,•,lop �:a5A) execute the said instzwrent and that the seal affixed is the corporate seal ofyr t, said corporation. 1F'+ • Su. •v,:.y@,v t,,, -,,�.�f, vnamss MY HAND AND OFFICIAL SEAL HERETO the day, month and year in this`' ` kip certificate f..iist above written. r +� 'IIF fonI . ,,,,•� ;•- NOTARY PUBLIC in and for the State of • 11.i 1 '+fi residing at .,tr. . ,.)..n r, .... 'n9cc,rAawcasrdr�'AogKS��- -. i'r .'ttF . . _Aa a •', ?.. ' fj'r'•' , ,r • 1 ' STATE OF ) i ) ss. COUNTY OF ) ' On this day of , 1981, before re, the under- signed a Notary Public in and for said State, personally appeared and , to ire known to be the and , respectively of • , the corporation that executed the fore- going instrument, and acknowledged to me that said instrument is the free and ., voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said • . instr ntnt and that the seal affixed is the corporate seal of said corporation. • WIT ESS MY HAND AND OFFICIAL SEAL HERETO the day, nenth and year in this • certificate first above written. .fir kg,„t:. dO NOTARY PUBLIC in and for the State of + ! <• N residing at • :, 4 i' ' STATE OF• _.01.li i r.. ) • ,•1 ff ) ss. COUNTY OF" (Ilia ) i 1.S On this ",1.5//. day of C.,(/1„ i , 1981, before sea, the under- . 1i r' I signed a Notary.Public in and for said State, personally apI red i j1I� ' ••.•)rt"ki:•;.i5'17:•: it-f,.r;_., . and //?,.aa ,. :r /L:.:1„r/s:.i,; ' r to il) f me}mown to be the,l,'.",3Cn '!%1.. /'''•t_.I4 •al_and Sw.':,,t::a.., / , re- ; .0 ; spectively of••.��;/„.'l,,...,;., .U.,r . , the corporation that executed ,1:.�••��,I , r ,i .� , the foregoing o�imstruarrmmt, and acknowledged to mile that said instrument is the d "`'" free and voluntary act and deed of said corporation, for the uses and purposes f �.v-'1`11f'l' therein mentioned, and on oath stated that they are authorized to execute the .j •.i•t1 1' said instrument and that the seal affixed is the corporate seal of said -1 ,$('.-_! r corporation.'.. ... yy,-i: I.,• • I 1 WITIES,S MY HAND AND OFFICIAL SEAL HEREDO the day, month and year in this I r;"f,*�x certificate first above written.. • k 4 '•''I�i, : r 1I 11.' ,!Z Sr ' (Aso_ EE • k- �: NOTARY PUBLIC in and fdr the State of . ,• .Aa'4 O1/a 6r r residing at {4,t A,. :n, •�'Jdi�l.. . . r.n t n '1If 1 1 •1,6 ' STATE OF••�Y t l L`l?C\C ) '4_ya 1';ii ) ss. 1 AWN COMM OF• �e'.W LA l C ) - - jy? •-•, ,); On this���° day of (� hl , 1981, before tre, the under- . J4 ' ; signed a Notary Public in and for aid State, personally appeared lrNrac j '' «", •••' \ \v\�s.�+•,, and-.CSC r'c\L c�1 YZ-\\e\ , to me}coon .4... rs'v, to be the :l,en i(.<"AdetnN and t gc S-t:aU Je(c'e),cltrv, re- .' • •i, '.. a"''.,;• spectively of -C c,.z_ C,Nc �, the corporation tha z .� `:,,: a Pe y �'S " 1,• executed the foregoing instrument and acknowledged to me that said instrument ''ice-at ;' ',:: is the free and voluntary act and deed of said corporation, for the uses and : gl x 1p::;''?t'• purposes therein uentioned, and on oath stated that they are authorized to _; + ,:,A;, execute the said instrument and that the seal affixed is the corporate seal of ' . '" said corporation. • • >'s%,-; 'Yam,.. 'k vli vZTNESS MY NAND AND OFFICIAL SEAL HERETO the day, month and year in this i t!;? 'k'"; ' certificate first above written. G%vv-lxaw.SCer• A •• : ,. ROBINYARMOSCN 5,..��.Se N�, (.'_ 1,• rp .i:,{' Notary PoWk sum d New Volt \G �11�� i . C' .•.,. '. ! certil od IQuetlnad In Nassau Counts (�.�.•---1—o V \ 1 is';:; Commission Exnir e,Ma,m�1 NDTARY PUBLIC in d for the State-of • .j �-- _,(\CW �uC\c residing at t'i�. 's hs' • • m r xv�tr.�a54riaaw • a .F 1 ' 1 • • STATE OF IOWA ) )COUNTY OF POLK,) as. ij N On this 23rd day of April, A.D. 1981, before me, a notary public in the state of m CD Iowa, personally appeared D. P. Ru e ., CD known, who being by me duly sworn did say thatOthey arencis, to me each Regionalrsonally , Director - N Commercial Mortgages of Bankers Life Company, that the seal affixed to said instrument is the seal of said corporation and that said instrument was signed and sealed on behalf of the said corporation by authority of its board of directors and the said D. P. Rupprecht and D. P. Francis acknowledged the execution •`��,'—n,'r- z,`- CO of said instrument to be the voluntary act and deed of said corporation by it'S'+ ` voluntarily executed, • Not J %�if t- . �4d g-. ary Public 3 { 1 . ;Y,. qW� IfEIlYOR J.PRREL ,. t,1Y E'OM6iIS51Rk EAFIRES _ ,1 } `‘ Seplemh3p,1922 d „iltt;f.4^i.,1 i STATE OF'_NCBRASKa ) I 'y 10', `NUNI'Y OF'DOUO ) 6s. a3I( " On this 14th day of April l :"�'. J signed a Notary Public in and for said State, a 1981, before 7m1e, the under- , i*'i. I -Mama 8 'Schmit �dpersonally appeared j '•,ral; 'A•,'' to ue Secbnd vi ,,+ and a to me own $ en Dre— "' spectively of 9nited Rgpefi r; re- 3'I executed the foregoing —�insurancP r , the corporation that i1 4` instrument, and acknowledged to me that said instrument ,�t 11 , is the free and voluntary act and deed of said corporation, k ill Purposes therein mentioned, and on oath stated that they are for the uses and �' 4' authorized eto a C7,-'sy execute the said instrument and that the seal affixed is the corporate said w� �� _,,: rporation. rporate seal of V .0 i- hZTNESS Ml ilAA,D AND OFFICIAL SEAL HERETO the day, month and year in this certificate first above written, l.7. I f , teEORas S'. r:: •'� 7 +'J n`JTARY for the , M F,„ :. • PUHLIC in and State of !'••r. ..a • Nebraska residingat ;�i li:S i a Omaha, Neb ,uG.. 4,�`.�:� reaka i S d .err':,- tti.'s .. ' , i �y • • e 11111 .1.� I I E SECOND AMENDMENT TO DECLARATION OF EASEMENTS is THIS SECOND AME:NT)MENT TO DECLARATION OF EASEMENTS ("Second is z, s Amendment")is entered into as of the ;i day of *ppt.L. . I99(n.by and between X is J A.L.Washburn and Tahoe T.Washburn,husband and wife(hereinafter called"Owners"); 0 Sun Life Assurance Company of Canada.a Canadian corporation. United of Omaha Life a . Insurance Company(formerly known as United Benefit Life Insurance Company),a Nebraska F :orporauon. and First Interstate Bank of Washington, a national association thereinafter ..a Thrifty Payless, Inc., a California corporation, successor ay mergers to I: :oltectively referred to as'Mortgagees");!ADC Distribution Corp..a Maryland corporation. ,C F" 8 zErnst Home Center. Inc., a Washington corporation. Alberison's. Inc.. a Delaware O J.S. Restaurant Properattes Operating L.P., formerly known as < corporation,'Burger King Operating Limited Partnership.a Delaware limited partnership, z F Calny.Inc..a Delaware corporation(hereinafter,together with Sutherland,collectively referred m to as 'Lessees'), and Sutherland Associates.a Connecticut limited partnership doing business c ti in the State of Washington as Sutherland'Associates Limited Partnership (herein called Sutherland'). I RECITALS: A. Sun Life Assurance Company of Canada is the beneficiary under a deed of trust ‘)N.. recorded April 7. 1992 under King County Recording No.9204071262. B. United of Omaha Life Insurance Company is the Mortgagee under a Mortgage recorded December 21, 1978 under King County Recording No.7312210877. C. First Interstate Bank of Washington is the beneficiary under a Deed of Trust recorded May 2. 1994 under King County Recording No.9405021311. SECOND.a%rp`.DMENT TO DECLARATION OF EtSE\IE."TS- I • Anlsc I;.ttl ))._9,0; EXCISE TAX NOT P.ECUIfiED inaynarii ' .. --- _.... • lONDMISII • IIII • Thrifty Payless,.Inc., successor by mergers to D. /ADC Distribution Corp. is the assignee from Pay'n Save Drug Stores, Incorporated under an Assignment of Lease and Guaranty of Tenant's Obligations recorded Iuly 27. 1992 under King County Recording No.9207270550 of the Tenant's interest in the Lease . IIIIr described in Exhibit'A'attached thereto. E. Ernst Home Center.Ine.is the assignee from Seattle Standard Corporation,a Washington corporation, formerly known as Pay'n Save Corporation. under an unrecorded Assignment of Lease and Assumption dated May 3. 1986 of the Tenant's interest in the Lease described therein. OD F. Albertson's.Inc..as Lessee,executed a certain Shopping Center Ground Lease 0 I p twhich was subsequently amended and which is being amended again in connection with the • •C execution of this Second Amendment:the land demised by such Shopping Center Ground Lease, 1 co l Ql as so amended,being called herein the'Sutherland Premises')with predecessors of Owners,a . memorandum of which was recorded on September 22, 1978 under King County Recording No. 7809220396 and a short form of which was recorded December 21. 1978 under King County • Recording No. 7812210873.and is the Lessee under a certain Lease and Sublease Agreement . with Sutherland dated as of December 1. 1978 as disclosed by a memorandum recorded December 21. 1978 under King County Recording No.7812210876.which Lease and Sublease • Agreement and Memorandum are being amended in connection with the execution of this Second Amendment. G. Sutherland is the assignee from Albertson's,Inc.of the interest of Albertson's, Inc.in the Shopping Center Ground Lease referred to in Recital'F'above,is the owner of fee II • simple title to the buildings.structures and other improvements on the Sutherland Premises,and SECOND AMENDMENT TO DECLARATION OF EASEMENTS -2 • M\tdkC t:S.tta 03iZ9,95 • , • n 1 • I ems® • is Lessor under that certain Lease and Sublease Agreement with Albertson's. Inc.dated as of December 1, 1973,as disclosed by a memorandum recorded December 21, 1978 under King County Recording No.7812210876,which are being amended as provided in Recital"F'above. U.S. Restaurant Properties Cperating L.P., formerly known as H. /Burger King Operating Limited Partnership is the assignee of the Lessee's interest under a certain Lease with predecessors of Owners dated February 6.1981 as disclosed by a Statement of Commencement of Ground Lease Term recorded July 31. 1981 under King County Recording No.81073101I4. I. Calny,Inc.is the assignee and existing holder of the lessee's interest under an unrecorded lease dared December 22. 1978 between predecessors of Owners and Restaurant wwl J3 Worlds.Inc..an Oregon corporation, which lease was amended March 12. 1979 and June 26. C1979 and assigned to Calny,Inc.by instrument dated December 13, 1983. J. Predecessors in interest to Owners entered into that certain Declaration of cm Easements thereinafter referred to as the"Declaration')dated September 19.1977 covering real propeny situated in the County of King, State of Washington,more hilly described as follows: Lots S and 9 of the Joseph P.MLushall Tracts,as per plat recorded in Volume 38 of Plats.Page 30,records of King County.Washington; except those portions dedicated for road purposes. The Declaration was recorded September 21, 1977 under King County Recording No. 709210680. • K. The Declaration was amended by a First Amendment to Declaration of Easements !hereinafter referred to as the'First Amendment";the Declaration and First Amendment are hereinafter collectively referred to as the'Amended Declaration')dated as of March 26. 1981 and recorded April 29, 1981 under King County Recording No.8104290507. II • sECO'D AMENDMENT:O DECLARATION OF E.ASENIENT5 -3 MM.tC 1:.5.114 01:9,95 • • 111 L. Owners. Sfortgagers and Lessees each own interests in.or a hold a Gen on.all or a portion of the property covered by the Amended Declaration. `f. The parties hereto desire to amend the Amended Declaration as provided herein. NOW.THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. Exhibit"B"attached to the First Amendment,which had been substituted in place of Exhibit 'A- to the Declaration, is hereby deleted, and Exhibit 'A" attached hereto is tubstiruted therefor in all respects,so that Exhibit"A'attached hereto is deemed to be Exhibit l A"attached to the Declaration. ti _. Each of the parties hereto hereby consents to the expansion of the building rr Identified as"Food Center"as depicted on the attached Exhibit A .any contrary provisions in O Me Lessees' and Sutherland's respective Leases notwithstanding. • 3. Owner hereby warrants and represents that all mortgagees,beneficiaries,and other persons and entities requited to consent to the execution of this Second Amendment by Owner. • by reason of an agreement tether than the Amended Declaration)between such Owner and any ;uch mortgagee,beneficiary.or other person or entity•have attached their consents to(or am a party tot this Second Amendment:provided,however,that Owner makes no representation or warranty as to any consents which may be required under the terms of any leases affecting the property coveted by the Amended Declaration unless neither such lease nor a memorandum thereof is recorded in the official records of King County.Washington. Each Lessee hereby warrants and represents that all mortgagees,beneficiaries,and other persons and entities required • to consent to the execution of this Second Amendment by such Lessee, by reason of an SECOND AMENDMENT TO DECLARATION OF EASEMENTS-4 tIM&C 115.1I4 )3:29w5 • ':1r. • • IIII — —L_ • Iagreement(other than the Amended Declaration)between such Lessee and any such mortgagee. il beneficiary or other person or entity. have anached their consents to (or are a party to)this 1 ' Second Amendment. Calnv.Inc. further represents and warrants that the facts set forth in Recital"I"hereof are tme and correct, 4. Anything contained in the Amended Declaration and this Second Amendment(the Amended Declaration and this Second Amendment being collectively referred to herein as the 'Second Amended Declaration")to the contrary notwithstanding,no recourse shall be had for ' I the payment of any sum due or owing or arising under or with respect to the Second Amended Declaration or for any claim based thereon or otherwise in respect thereof against(i)Sutherland t ^ or any partner of Sutherland or any partner of any partner of Sutherland.or any incorporator 1c., or any past,present or future subscriber to the capital stock,stockholder,officer or director of I p . Wany corporate partner thereof,together with those of any predecessor or successor corporation. l CI ' v� or any legal representative, heir, estate, successor or assign of any thereof: or (ii) any y corporation for any officer, director, or shareholder thereof), partnership (or any partner thcreot), individual or entity to which the leasehold interest of Sutherland in the Sutherland Premises, or any pan thearof, shall have been or shall be transferred (or any legal representative, heir. estate. successor or assign of any thereof); provided that the foregoing provisions of this paragraph shall not prevent recourse against the aforementioned leasehold interest of Sutherland or impair the rights of any patty against Albertson's. Inc. under the Second Amended Declaration and shall not limit the right of any person to name Sutherland or any transferee of its aforementioned leasehold interest as a pasty defendant in any action or suit inthe exercise of any remedy under the Second Amended Declaration, so long as no judgment • l SECOND AMENDMENT TO DECLARATION OF EASEs.IENTs -5 \DISC 1:5.1(4 03f2919S • • _2._ seeking personal liability shall be asked for or.if obtained.enforced against any such named defendant. 5. Except as amended herein. the Amended Declaration remains in full force and effect. 6. To facilitate the execution of this Second Amendment,each party hereto agrees that this Second Amendment may be executed in separate identical counterparts. all of which la together shall constitute a single original instrument, and this Second Amendment shall be O effective upon execution of one or more of such counterparts by each of the parties hereto. . This Second Amendment is made in conjunction with a Fourth Amendment to CO Shopping Center Ground Lease of even date herewith concerning the Shopping Center Ground Lease referenced in Recital'F" hereof. The Fourth Amendment to Shopping Center Ground Lease is necessary to provide for an expansion of the"Food Center"depicted on the attached Exhibit "A". The Fourth Amendment to Shopping Center Ground Lease contains certain conditions which, if not fulfilled or waived,will give the parties thereto the right to cancel the Fourth Amendment to Shopping Center Ground Lease by giving notice of the exercise of this right of cancellation and submitting such notice for recordation. Such recorded written notice canceling the Fourth Amendment to Shopping Center Ground Lease shall also cancel this Second Amendment.in which event the Amended Declaration shall continue in effect as if this Second Amendment had never been entered into. • i SECOND AMENDMENT TO DECLARATION OF EASEMENTS-6 • \MSC IS.114 03.29,95 ;.11�M• is . • IO2os • 1111 EXECUTED as of the day and year first above written. OWNERS: MORTGAGEES: Sun Life Assurance Company of Canada.a Canadian corporation A.L.Washburn IIts FDEI g PAFSI f / 1� Tahoe T.Washburn Its ,'.i r. (Corporate Seal) United of Omaha Life Insurance Company,a Nebraska corporation By Its Attest: t u I (Corporate Seal) First Interstate Bank of Washington, • a national association By Its Attest: Its (Corporate Seal) LESSEES: ADC Distribution Corp., a Maryland corporation I • By Its j A., SECOND AMENDMENT TO DECLARATION OE EASEMENTS-7 l4L SIMBC 15.114 011:9/S5 at .• • 1 srs • 11111 E:CECUTED as of the day and year rust above written. OWNERS: MORTGAGEES: Sun Life Assurance Company of Canada,a Canadian corporation � I By A.L.Washburn Its Attest: Tahoe T.Washburn Its (Corporate Seal) Q1 United of Omaha Life Insurance `-i Company,a Nebraska corporation By t .. ( QA. X QQ Its r..•s+ t/ p. et tp Attest: Its (Corporate Seal) First Interstate tank of Washington. a national association By Its Attest: Its (Corporate Seal) LESSEES: ADC Distribution Corp., a M asyland corporation 111 • By Its SECOND AME.WMENT TO DECLARATION OF EASEMENTS•7 r�'<�• 6L�1.t<C 125.114 0329195 2,e=l(ce• , • • • • EXECUTED as of the day and year first above written. OWNERS: MORTGAGEES: Sun Life Assurance Company of Canada.a Canadian corporation By A. L.Washburn Its Attest: Tahoe T.Washburn Its • (Corporate Seal) United of Omaha Life Insurance Company,a Nebraska corporation • CI By Its Attest: . er Its et (Corporate Seal) First Interstate Bank of Washington• a national association By 6)..,... Attest: 7 C Its re. (Corporate Seal) LESSEES: Thrifty Payless, Inc., a California corporation, successor by mergers to ADC Distribution Corp., a Maryland corporag.on 111 • By .. f./ . Its1, ;� I LI a SECOND A.%IENDMENT TO DECLARATION OF EASEMENTS •7 • r'f, \INSScC I:1.5.I14 07I:9,95 r-. • . •. "mow Gismo • • • • • • a Ernst Hume Center,Inc., a Wsl.hifigtote corporation ftfild • Albertson's,Inc., a Delaware corporation By Vice President,Real Estate Law ' Burger King Operating Limited Partnership, a Delaware limited partnership By • A General Partner • C Catny,Inc., • 0 a Delaware corporation By Its Sutherland Associates, a Connecticut limited partnership, doing business in the State of Washington as Sutherland Associates Limited Partnership By • Sanford Merkin • A General Partner • 41 SECOND AMENDMENT TO DECLARATION OF EASEMENTS-8 •1-�. MthMSC 1:5.111 07r2.9/9S • • INGSMINO --—t_ Ernst Home Center,Inc.. a Washington corporation • By Its Aibertson's,Inc., a Delaware corporation el Vice President, Real Estate Law U.S. Restaurant Properties Operating L.P., formerly known as Burger King Operating Limited Partnership, a Delaware limited partnership r4By U.S. Restaurant Properties. Inc. A General Partner a beiaware corporation • By: its: • Calny,Inc.. a Delaware corporation • Q� By Its Sutherland Associates. - a Connecticut limited partnership, doing business in the State of Washington as Sutherland Associates • Limited Partnership By Sanford Markin • A General Partner ,aye r.uauaO®¢re.y� I . ` SECOND AMEtiDMENT TO DECL:kAATIOY OF EASEMENTS-8 M>1Sc t25.114 o)l.9i9s • • . .1 • • EMIRS • Ernst Home Center.Inc.. a Washington corporation By Its • Albertson's.Inc., a Delaware corporation • • By • Vice President.Real Estate Law • U.S. Restaurant Properties Operating L.P., formerly known as Burger King Opyruting Limited Partnership, II 1 a Delaware limitei pldctnership 41 B U.S. Restaut Properties, Inc. rl y �ah' a Delaaware corporation yGene. I[s6i/ �/r O Calny'Inc., C a Delaware corpoi'tien • By Its • Sutherland Associates. 1 a Connecticut limited partnership, doing business in the State of Washington as Sutherland Associates Limited Partnership By Sanford Merida • A General Partner • uE.In.lr4tm'murca, is • —7. } ^.r; a SECOND AMENDMENT TO DECLARATION OF EASEMENTS -8 s'•;� _ MMkC IS.I14 03l19,95 • • Ernst Home Center.Inc., a Washington corporation • • By Its Vc Albertson's,Inc., a Delaware corporation By 1 Vice President, Real Estate Law • Burger King Operating Limited Partnership, a Delaware limited partnership q3 By A General Partner 211 Catny,Inc.. ' t9 a felavar• cozporae:o R7' RD/If: iED BY CL1 BY / ,4cts A DATE 7,,I1-le, QI Its LAURE NCF rf7aICH Assistant Secretary. Sutherland Associates, a Connecticut limited partnership, doing business in the Stare of Washington as Sutherland Associates Limited Partnership By Sanford Merkin A General Partner au;,::r,.•.ur4.:.us o, I . iECOtD AMENDMENT TO DECLARATIOit•OF EASEMENTS •E ! MM.C I:i.l(4 0119:95 . . . . . • • .. . . - . . .. . . . : • • .. • • • . . . . . • • • .• 1• 11.11111.1. . • • - . • . . 1111 • . . . . . .:i camas a . T • - • Ernst Rome Center,Inc., a Washington corporation By Its ' Albertson's,Inc.. • a Delaware corporation • Bya..c-e.--4.—..,.--44/ CL-.-•--0-..3-12-Q.-./ . ' Vice President,Real Estate Law i 1 . . Burger King Operating Limited Partnership, • a Delaware limited partnership M • 9.1 • • O A General Parmer O . . . CI , ell Calny,Inc., O a Delaware corporation • CD • al By Its , • Sutherland Associates, • a Connecticut limited partnership, .• doing business' e State of Washington tlae . . Limited By • • Sanf M ' , A. eral Panne ' • ,arla,1:111/1ustkaadkc.D1 . • . . • Si • " •• . . ' .. . • • SECOND AMENDMENT TO DECLARATION OF EASZIENTS•8 .. ' • • . I':..' . NiNtsiC t2S.II4 03/29/95 • . , ..• 1 1. ,: . . ' -t'ICC • ' ..tiaa,i;,).:::,...:...L.,::.,._A. ...... .•., '= . • •• *-- ril•47. ` ,, -- 1-4;,--4."- ...,-,........••• - --.. ,.."44-4 .;.:4.',":1,,f 1,,,,1„•t,"'.:fi . ...:. , --- . • ,, • . . .. . ' , . ,,. . . . : • •' •• ' "L.''ki,,,x.Xe)r.",4.,-;:,....."',".-......L.t•-•,:..:'.,,,,.•.•'4,,isigkl . . . ' •___ ___—_-. . _. ----- —— --- — . - .... •. i ammo • • 1111 STATE OF itat/i/AKATeil } County of loge On this /a/day of A Pl2tt.._ , 199 S ,before me.the undersigned,a Notary Public in and for said State,personally appeared A.L.L.Washburn,known or identified to me • to be the person whose name is subscribed to the within instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereun t my hand an ed my official seal the • day and year in this certificate fug above wri Print: f V NOTARY PUBLIC for Residing u$td,.CE.14/ .._ Q! My commission expires: 3-/-47 O l O cn STATE OFL 1J ) )ss. (JD County of ten/(p ) On this KO-77—#day of I L , 199 r,before me,the undersigned,a Notary Public in and for said State,personally appeared Tahoe T.Washburn,known or identified to me to be the person whose name is subscribed to the within instrument,and acknowledged to • me that she executed the same. IN WITNESS WHEREOF.I have hereon set my hand and affixed my official seal the • day and year in this certificate fast above wri Print: 1 NOTARY PUBLIC for 1J Residing atTi lLt...1(dE..— Sty commission expires: A—t—97 II • SECOND AMENDMENT TO DECLARATION OF EASEMENTS -9 r .1z \I,lkC 12.5.114 03/29/95 • I , • • 1111 CO.LMO`\VEALTH OF MASSACHUSETTS 1 ass. COLT'"(OF j On this day of . me fotary Public in and for said commonwealth. peI99rsonally before appeared, the undersigned,a_ and • .both to me known to be acting for the and . respectively, of Sun Life Assurance Company of Canada.the corporation that executed the foregoing instrument.and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation.for the uses and purposes therein mentioned,and on oath stated that they were authorized 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,month and year in this caruticate first above written. •t Print: NOTARY PUBLIC for • Residing ac My commission expires: STATE OF NEHR_ASKA V iss. r= County of 1".;/ll 6 J Jn this )i day of (;.LI 11•! . 199i.before me.the undersigned, CI Public in and for said state. ,personally appealed (i�)b.' ,t.0;inuti a tf L fri �t.tome known tobethe U.r and((Jai respectively,of United of Omaha Life Insurance Company,the corporation that execute the foregoing instrument,and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated • that they are authorized 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,month and year in this certificate first above written. cCl rn•rI( (Lii 4i, L�) NOTARY PtlB,LIC for Au tjM.Jl�/ IZRIogenstrui Residing at (r' 71/ht` II • AOraa NFliAt3 My commission expires: • S • sEcbsp ANIt'DMENT:0 DECLARATION OF EASE.IE.YTS 1O h..�. t• ML%tkC I:S.IH 0]129i95 a.; S • • • mega • State of Massachusetts County of Norfolk On this 6th day of June, 1995 before me appeared Margaret Sears Mead and Jeffrey J. Skerry both to me known to be acting for the President and Secretary respectively of the Sun Life assurance Company of Canada, the corporation that executed the annexed instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purpq s 1 :herein mentioned, and on oath stated that they were authorized to exdcute said—"instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye Brat above written. Jte.) 1 3race Taglienti, N ary Public My commission expi s: November 2, 1995 !' 0I • Print: 1.4 NOTARY PUBLIC for Residing at .�, My commission expires: C STATE OF NEBRASKA ) jG.l lss. County of On this day of , 199_,before me. the undersigned, a Notary Public in and for said state, personally appeared and ,tome known to be the and respectively.of United of Omaha Life Insurance Company,the corporation that executed the foregoing instrument,and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that they are authorized 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,month and year in this certificate tint above written. NOTARY PUBLIC for • Residing at • My commission expires: SECOND AMENDMENT TO DECLARATION OF EASEMENTS •10 511‘.1.0 125114 07129r95 • 1. _.. ..-.. .. . . . . .- -. . ., • •• t STATE OF WASHINGTOI' , rss. County of I___ _ On this 2/'r day of A/oui..b e„ . 199 5 . before me.the undersigned. a Votary Public lr.and for said state,personally appeared�,.‘l.p To�eAse.and Re.„ R T el.a. • 'O isle known to be the M,rart.•r N•u!t.a,,, VIc�>°.,:de,r and „« ,,;d...- . respectively. of First Interstate Bank of Washington.the corporation that executed the foregoing instrument• and icknowledeed to me that the said instrument is the free and voluntary act and deed of said . :otnoraron, for the uses and purposes therein mentioned, and on oath stated that they are • lufhonzed to execute the said instrument and that the seal affixed is the corporate seal of said • _ornoration. i WITNESS MY HAND and official seal hereto affixed the day,month and year in this ••••15 tificate first above .written. i /04 tees F° 1 •fir i+tM►•V= Print: THO L.:.�OPEP ii� v.....•:re/ VOTARY PUBLIC for u).sv t..t+w $t to i �S�ai%It t r Residing at v t..w G..,.,♦-f • ve%--11�x+b,� MIy commission expires: Inns . j STATE OF rr` C f 1' ,/SS ss. C., '�dlrnt Ofl ll(l ro.li[�.1 • • A On this J day of I\C1.'i L, , 199 before me.the undersigned.a Notary Public to and for said sates personally appeared .iir i u.r(;..,,r known or identified to me is he the'._t ,•. of'.1DC Distribution Corp., the corporation that executed the -nstnnnent or the person who executed the instrument on behalf of said corporation. and • • tcrarowledeed to me that such corporation executed the same. IN WITNESS WHEREOF,I hase hereunto set my hand and affixed my official seal the la}and sear in this certiricate tint above written. r .2 ,,,`JJJ���� WAIT otERJIEttrt Ps{rii: .Xl iy ,Jr:)fl i,,,,c K— • \. NOTARYP INCH rtMON 04 COMMrsSrON NC.C' S NOTARY PLBLI.C lfor Ire COS UINN WA p, asj Residing at I\•t A.c,t't , 1", My conunission expires: f-!I.1 i!• , -hr:fry =syleSS, :nc., successor oy :vergers to lli • SECOND kNIENDSIENT TO DECLARATION OF EASEMENTS • l l IISISC :_j.iIA 0.1.:9.95 • a - - _ •.___ -._.. • • • • i =ma STATE OF W AcM r uriroa) i )ss. County of k',r.% I On this 'day of 199 .before me,the undersigned,a Notary Public in and for said state,personally peared M1nt„cI,7,9au,•arlrnown or identified to me to be the .-Lke n .0,9 of Ernst Rome Center, Inc., a R�n corporation, the corporation that executed the instrument or the person who executed the instrument on behalf - E of said corporation,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Print: S1neAke �-Ectr. .,- NOTARY PUBLIC for,1,0 c1A oc Wol .r.t..N Residing at ‘z,;v\a�‘4n . My commission expires. t, 611(41 • i STATE OF IDAHO ) )ss. • ) County of Ma ) OOn this day of , 199 .before me,the undersigned,a Notary . 0 Public in and for said state,personally appeared William H.Arnold,known or identified to me co, to be the Vice President,Real Estate Law of Albertson's,Inc.,the corporation that executed ' the instrument or the person who executed the instrument on behalf of said corporation, and td acknowledged to me that such corporation executed the same. 0n IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . Print: NOTARY PUBLIC for Residing at My commission expires: • SECOND AMENDMENT TO DECLIRASION OF EASEMENTS-12 I ! MMJ C 125.114 o r:9195 '�,.t �: � .-syY l-.-„� ..,tip '.^..!`,i:,�i. �•i.:..,..: dIIIIIIIIIIIIIIIIIIIIIIIIID -.•�;4j, -.^^ _=;� ;,ate,:,•••::•:144.4;:.,, _' 'h °a_.�sl l'!�o1T>,� .� =•:r �lft�iiM'atf� rA` k4i2 • • anzesis • STATE OF us. County of On this day of , l99_,before me.the undersigned, a Notary • ?ualic in and for said state,personally appeared ,known or identified to me to be the of Ernst Home Center, Inc.. a Washington corporation, the :orporatioa that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • Print: NOTARY PUBLIC for Residing at My commission expires: STATE OF IDAHO ) )5s. OCounty of Ada t7 On this "' day of '% _.. 199 Co, before me, the undersigned, a Notary al. Public in and for said state,personally appeared William H.Arnold.known or identified to me CD to be the Vice President. Real Estate Law of Albertson's, Inc.,the corporation that executed tti 0.1 the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. LN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day,and year in this certificate first above written. `` + • , C/)1 L1)i.t, ev :NOTARY PUBLIC for Z 1tr. ` :Residing at �fl dr..1.v [�Au` ; ally commission expires: • ''''.. n •.•'''',, u I • ti SECOND AMENDMENT TO DECLARATION OF EASEMENTS - 12 K • SISIBC I25.II4 4:4:5/95 4 J lac _.... ". !•nisi% ;c-�.-- �'.jiy' ..�:T•;+ • • 1111 • • STATE OF !.y ) ` )Ss. County of i(f,k ILLY ) On this l day of/:m, g....,,l t✓095-,befom me. the undersigned,a Notary • ▪ Public in and for said state.personally appeared e rhe,..known or identified to me r, to be ,General Partner of the partnership(Auger King Operating Limited Partnership,a Delaware limited partnership, end-the partner or one of the partners who subscribed said • • partnership name to the foregoing instrument,and acknowledged to me that(s)he executed the >, same in said partnership name. • • V • IN WITNESS WHEREOF,I have hereunto set my band and affixed my official seal the A day and year in this certificate first above written.^ p �J ,:,;•,'.r PEGGY D.STANLEY t „Q• NOTARY PUBLIC Print:. e 4, D S+q«I :•1p••' Comm. 02 Texas 9 NOTARY PUBLI°for —1-4.0 s' • t7! Residing at N My commission expires: ?/a8/5, „ U.S. Restaurant Properties Operating L.P„ formerly known as • O STATE OF 1 tp )Ss. • to County of On this day of , 199 ,before me. the undersigned,a Notary Public in and for said state,personally appeared ,known or identified to me to be the of Calny,Inc.,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Print: NOTARY PUBLIC for • Residing at My commission expires: 111 • : ' f SECOND AMENDMENT TO DECLARATION OF EASEMENTS •I3 ,•' ' 8 MM&C I25.I Is 03,29195 • • • ��• -a� .:, .:nay • • Ia.m. 11111 is STATE OF 111_1 lss. County of On this r` day of l CU Lk)i , 199 5,before me,the undersigned,a Notary • Public in and for said state,personally appeared Sanford Mesicin.known or identified to me to be a General Partner of Sutherland Associates, a Connecticut limited name/ship, doing business in the State of Washington as Sutherland Associates Limited Partnership, and the partner who subscribed his name to the foregoing instrument,and acknowledged to me that he • executed the same in said partnership name. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1 ��� (1q J,rLf,i 1 (.T1-- Print: (Ara1!r X 4c! ) !NOTARY PUBLIC for i Residing at n l e t f t ; My commission expires: ROBIN 0.JOH?;QCN. NOTARY Pt:.L'C : •:_£y LIY COMMISSION EYSfiE fa FED.11.1 1-4 tr f1'l I . I, SECOND AMENDMENT TO DECLARATION OF EASEMENTS-14 • ' • �L�L'aC 125.114 07R9195 • dailMeln 111111 sa ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER SS COUNTY OF ORANGE ) U INDIVIDUAL(S) IN CORPORATE OFFICER(S) On April 29.19%. before me, BARBARA M.VRACIN Des *my Pubic Meatant it4TY Personally appeued LMURENCE GERICH NsmNa1•f i�m+ta1 rune U PARTNER(S) (XI personally known to me OR I )proved to me on the huh of satisfactory evideare to U ATTORNEY-IN-FACT • k l be the person(a)whole name(s)Ware nil>taibed to U TRUSTERS) the within imuummt and admowledged to me that U SUBSCRIBING WITNESS he/she/they eatctued the more in bia/hedduir U GUARDIAN/CONSERVATOR authorized capaeity(lua) and that by bia/bu/their U CTIIER aigaaoue(s)on the inarrtment the pervade),or the entity upon behalf of which the paaoe(s) acted, the Manumit. Whams toy hand and official meal SIGNER LS REPRESENTING: 1';^• May PrtleColtrane;ran MAMt0PPt$tONtn DI m TtTYdl7t \ ••f NG ORAECWNTI ut,(COMM,EttaasJUNta.tW6 CALNY.INC. aoasnaawwurhur I I ATTENTION NOTARY:aMayb the bifaamat ei eq,rttl War is OPTIONAL it could pass to hm&Jmr aaaeLma of this aatd&E4 m washed/sit Magma a THIS cool wlCATE True or Type of Document god Amendment to Delatstion of Eaarmrna-TBf24O Must BE ATTACHED Numbs of Pages IS Dun of Document 4/291% TO THE DOCUMENT t DESCIUBED AT LEM: SiglIoNN Other than Rimed above •1991 NATIONAL NOTARY ASSOCIATION-1274 Emma An.-P.O.Rot 71E4-Clamp Pat.CA 9L3041194 • O t co3 er O fD • :hr • • OMMUMMS a CONFENT OF LENDER THE UNDERSIGNED as Beneficiary under that certain Assignment of lease.Rents and Real Estate('Assignment')dated June 27,1995 and recorded July 11,1995 as lnitrumentt No. 9507110502 in the official records of King County,Washington,hereby consents to the Second Amendment to Declaration of Easements to which this Consent is attached and does hereby unconditionally subordinate the lien of said Assignment to the amended Declaration as further • amended by said Second Amendment and to the easements cleated thereby. This Consent represents the complete agreement as to the subordination of the aforementioned Assignment to the amended Declaration and the easements created thereby,anything to the contrary in said • Assignment notwithstanding. This Consent shall continue in full fora and effect as to any 1 renewal, extensions. replacements or advances under the aforementioned Assignment. This Consent shall be binding upon and inure to the benefit of the undersigned,the parties to the Second Amendment,and their successors and assigns. N O �j Comer ca Bank- texas Print: S.ici'ir L, dte.. Title: A.✓.e r Attest: • Print: / i'e i .W. 4/•1Gc../do Tide: LD2w Pre,C>Acr''exe- •Sd`3.utou�a,mi.0 [Pl ACE CORPORATE SEAL BELOW • • I . CONSENT OF LENDER•Page t ASS 1453•Renton,Washington NZI&C 12.5.114 04.05•96 • �'`4.'• • • 1111 • STATE OF TEXAS I ss. COUNTY OF Dallas ) On this 15th day of Aoral , 1996,before me personally appealed Sheri L. Olson , to me known to be the Assistant Vice ePros. of the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the flee and voluntary act and deed of said corporation, for the uses and • purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal the day and year first above-written. [cornsTIDDOfNIEtIJ{91HttIAilA�) wm assoxINNS TOdd Douglas Terw i rger tea= Notary Public in and for the State of Texas I Residing at Commission Expires: 0 t`9 STATE OF TEXAS ) LID 1 ss. COUNTY OF Dal Las ) On this 15t'rLay of April , ►g 96,before me personally appeared Sandy n- w,I t:,ZmS , to me known to be the Loan Document Officer of the .Orporation that executed the within and 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/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. mr W>TNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above-written. • t too �`: Todd Douglas Teerrwilliger • inlay rp,at0s Notary Public in and for the State of Texas Residing at Commission Expires: • II • CONSENT OF LENDER•Page 2 • NHS 053•Remo,Washington • SISM&C 1:15.1Ia 04;05,a6 - . . • . 4.11013081 • MI ... .. ..„ :_:..... ...j r - 'i% 27. .:::.N...............„. .......›...IN..... ....N.',.......N...., •I 4'4 ___—. ! .---...... I (euti.o. Maena.1 4, iI OA4Ill W ii 0.4-r4 "1.0411 • 1....4.wo......m.0 r.r1,11..t. q • rt 3%113 ''",-rt • as.se4 -Ars t •U..024 44.17 ri II 41, 11g fr r I h . i 111 . . : L , . I 1-11 . .4. I - - r-4,_ .-4 • .:: ro ..4 •• , -a- 117 ii. i P- war" Atr- it 'i 1 btn. 7 m.,-- ..: .-.. . AP . • I I I I ill*I"NI 0 CI . C ! . en 1 1• I 0 I bif 041 il I 1441 I I I I 146:1 I I I I I I I kilh‘hhhn.%I I I I I I 41 I I 0,4,40 , . Ch ! •,. . ILLI.N. ..S P644.°Itd71A°.& 44ttt*X. k.•A••••‘.. 'PA. .....°C.V. •••"..2 i1 Pr...:34‘.,149 .."....P.N., •-• ... r . ... ..,.... • 1. 'PI, i i •...,.., 1.1.04 0 ,:‘,...„...0,...,•"/ .... ...L.C! •oAr, 1-.......,_,,,__ i TV 23'PM 4111111.b I I I I'') ure''' • l • NIA 015)0" •••,-C-.441 sot es.r..• 'rt.!23'.r. )..,, \,..N\ .., .......„„e/ 1.1ri0 kW. a 1a.a.n NO' — EXHIBI A Decla %,.n• it:•:L'N,W''.›.Cr- 1 .:401,11. - ..•••' T ration of Easements - Renton ....:s: I I Nta" . s., grrl? PL AN .ecbili raolo'rr A . , ----- -_:__. -- -- • ,,,. ur '''''W'''' '1411 at, = CENTRAL HIGHLANDS PLAZA . . 1 i-i v ..., ..,..L,..,-,-,•. ... i .f.,,,,.:1 • . • ,,, A..! . ...1 ....AA— .- .. .- ... - . .- - • ••••• oPrt�i ,;,,.n • ad ` 1 ?Ht :IiIISTNAMEBT, made thiSIALdey of,,w uhap>< .. ,.,.„,„„„,„,,,,,„lbl ,„i 9 by end between and...asalay ds 1 end 1 • . -r' hereinafter called #Grentor(ekk:" end the CITY Of RIMa Municipal Corporation of '1 icing County, Washington, hereinafter tilled "Grantee," • �� WITNSSSETN: That .sold Grantor(,), for and in €onsidere►tion of the sum of Loop op a d 1,;,, ether,v1),inhje :Pa paid by Grantee, and other valuable cons_i" raa on,, o ' S °.1 by thole presen e, gee , organ, sell, convey and warrant.unto the said Grote., . , !i., , It suctsssors end assign;, an easement for public utilities (Including water and sewer) with nacesnry appurtenances over, through, across and upon the following ' ,, eslcr�td property in King County►-Washington, more particularly described as • 1 .4 • n' %, STORM suseg 8A5?4T • A tract of lend l0 feet in width over and acrnns tracts 4 end U ipf Joseph P. i'larshall ! .. j 4 f, Tracts se recorded in Volume 3e of plats, page 30, hocor'de of King [bounty, Washington, 10 feet of such width Winton each side of the following described center line: toss, utng et the intersection of the South margin of NJ, Sunset Boulevard tState�-Bned 900) snc with the Peet line of Auncnrtes Avenue N.B.; thence South l011'47" Nest along mama i?eet f line a distance of 209.50 feet to the true point of beginning of said center lines thence E . North 63018,14n ,!alit a distance of 715.54 feet More or lea to a point on the West tine of Danl.! Avenue N.E. tforeaerly 130th Avenue tt.i1,) and teraeinue of acid center line, the Northerly end Southerly linen of amid 10 foot Tract of land to he lengthened or shortened to intersect art the Gast and host lines ofAnecortes Avenue N.it. and huvell Avenue N.l3. A 1 ! A tract of lend 10 feet In width over end across Pitt 9 Of mold Joseph P. Mnrshail'a • r Traits, -7.8 feet of such width helm; on each nide'•ef the following described center 1lnel .• - commencing et the Intersection of the past linb of Anacortes Avenue N.B. with the South margin of N. i!. Sunset iBoulevard N.B. Mete Bond Ape); thence North 64050,12" Net along geld South wergin a dietence of 140.0Uafeet to the true point of beginning of said center i line; thence South 13e42146" bent a diet ace of 383,04 foot more or lens to the center ling . of the above described 20 foot 'tract Oland, except the Southerly 10 foot thereof contained . . in said 20 fT4t tract. 1%iim9f..`Ifl'.a q;c,g y'i i': .�d •� flak P I+ rs ,>.a , .,.i+:H„ . . Together with a temporary construction easeMent described ell Said temporary construction easement shall resale in force during construe- - ties and until such time as the utilities and appurtenances have been accepted . far the operation and staintenence by the Grantee tut not later then iec were. ! 0pun expiration of the temporary construction casement, Grantee • aUrals that In connection with tseintenence, repair, rwaplec_ement or other activities rot/tinq to the utilities to he constructed end maintained LL within the utility easement, Mat Grantee shell perform such activities in ih allxlditnue stuff prompt manner an es not to unrwnesonxltly interfere • With the one Of the durfaf;-' right* over end among the aeseeyment h7 crcntor and.its leee*ie, invitees, ne+a'terae of the' public end successors in interest, +.renter further ant dale in connection with any atutiv#tie e relatirni to the cerement to repair anti Mims. a an• and ell surface inprny ante An the a condition end meaner es they were Z'riar-to the titre Mentee undertook such scttvities. • ! • chid heretofore mentioned grantee, its successors or assign, shill have the right, without prior notice, or proceeding a nlaw, at such tiros as msy ba necessary to enter'upon said ohove described pr party for.. the purpose of consteecto ing, emletele1A01 repairing, altering or reconstructing sold roadway and utilities, or making any eonnestions therewith, without incurring any heel obligations or liability therefore, provided, that such, onstruction, maintaining, repairing, Marine or reconstruction of said roadway and utilities shell be accomplished in such a minor that the private irrpravemeents *lastingin the right(s).of�.way shall t" not be disturbed or demigod, they will be replaced in as good a condition as they;. • R were tSewdietely before the property was entera4 upon by the grantee. The Grantor shall fully use and,enjoy the afaredescribed premises including e* the right to letein the right to use the surface of said rightuofoway if such use is .1Z. does not interfere with installation end maintenance of the roadwayor utilities. ha However, the grantor shell not erect buildings or Structures over, under or across ' the right•of.way during the existence of such roadway and utilities. • 4 This easement, shall be a covenant 'running with the land and Shell be bind . leg on the grantor, his successors, heirs and assigns. Cratere covenant that they are the lawful owners of the above properties and that they have a ;pod and lawful . right acute 'bete agreement. y ma's . } • `-' . ---=. ;liters"'and .nzwerr--.'" �« ----.- . ..^x":.4.A.'.'C.v.C' yC C•.ACC^3L'Y:'.Tr.^.=...-.2:,_, a—, T.Y.'.Burl'S7r.. ..11".44cra=6, :.�.-4.,,... --------46:S:'.3. iF and r. _w^rnix-x s..-.n...3.:.rr:ei , .v c•�S`tS� • and 1 I' STATE Of W SN1NfGTON ) ' i 1P COUNTY 00 KING SS e .. I. the undersigned, a notary public in and for the State of Washington, hereby J certify that on this ,defy► of ftx.1z,,-z 1977 personally appesred ire ere are . C. p. t oveless andl oJ�an 13. bovsaaas Led and:.� .—...— ,— �� x... ;. :.., � .- ...�, .-..r...,,.. ,,, 1 �`w" sb 'x`.c.'v"X:.=v=:�b't u-^.rC..Tfi.� C:=,.".4,•,'.7"-...=•=i.,.'."^o"`+e..-w ^+1 1 i., And�� r� .�1� s r �. ; to r..an``own-.Iry i"inoiviauar a:eacr ad in whal�exasutrullA R hretatr(glnslrwi,nt, and acknawlecipd that Ate_ signed and staled this seem as �frae and voluntary act and des for"tie'ns s AM perfumes thentin mentioned, +F 6A il M1'AyN a • . ltira • `' - Washington, residing ate `a `a "• • f • S , 4' . • • \- . • f PUGET EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM •• I POWER • 1 + • . 1 C. E. LOVELESS and JOAN E. LOVELESS, his wife; LLOYD W. POWELL; .gn61• `a . • i • j 0 ("Grantor"herein).grants,conveys and warrants to PUGET SOUND POWER&LIGHT COMPANY,a Washington carii - . . I in pomtios("Grantee"herein).for the purposes hereinafter set[girth a perpetual easement under,across and over the tel- i 0 lowing described real property(the"Property"herein) Ring County,Washington. i O Cr) S:,- 0, • (Legal Description Attached) ',. t`rK:. s•,!:.;a::;„ • . N ; , . In Section 3, Township 23 N, Range 5 EAST, W.M. !'.m' ;L • Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property(the"Right- •„F;L� ' of Way"herein)described as follows: •1 1'" - A Right•of-Way 10 feet in width having 5 feat of such width on each side of o center- i l "''' : line described as follows: -.:'• 5 i'• ` The centerline of Grantee's facilities as constructed or to be -:I•f constructed, extended or relocated under, over and across the above !, ?.." described property. / 1%EXCISE TAX NOT REQUIRED - K ..e2.o4 cordS Division v t • . Deputy spa,` I IF.• :0' ..;t • 1.Purpose.Grantee shall have the right to construct.operate,maintain,repair,replace and enlarge en underground electric : ,r: transmission end/or distribution system upon end under the Right•of-Way together with all necessary or convenient up- ''��• purtenonces therefor,which may include but are not limited to the following:underground conduits,Babies,communication 0.-;,1 b lines;vaults,manholes,switches,and transformers;and semi-burled or ground mounted facilities.Following the initial con- zt.l:i;- • struction of Its facilities.Grantee may from lime-to time construct such additional facilities as it may require. ':=;I ( 2.Access.Grantee shall have the right of access to the Right-of-Way over and across the Properly to enable Grantee to exer- !''+•` • i. clue its rights hereunder,provided.that Grantee shall compensate Grantor for any damage la the Property caused by the exer. E`-zI.,i, else of said right of access. o i i 3.Obstructions;Landscaping.Grantee may from time to time remove trees,bushes,or other obstructions within the Right- tyf 1 of-Way and may level end grade the Right-of-Way to the extent reasonably necessary to carry out the purposes sat forth in lyre y-. paragraph i hereof,provided,that following any such work,Grantee shall,to the extent reasonably practicable,restore the ks i Right-of-Way to the condition it was immediately prior to ouch work.Following the installation of Grantee's underground �� ', facilities.Grantor may undertake any ordinary improvements id the landscaping of the Right-of-Way,provided that no trees or i"�.`77{ other plants shall be placed thereon which would be unreasonably.expensive or impractical for Grantee to remove and `..Z'X.>1.�j yy restore. }•/i-' 3, d�+ 4.Grantors Use of Right-of-Way.Grantor reserves Iha right louse the Right-of-Way for say purpose not Inconsistent wLlh L.;x— • ' • •F' the rights herein granted,provided:that Grantor shall not construct or maintain any building or other structure on the Right- F'''�°it( .1 of-Way which would interfere with the exercise of the rights herein granted;that no digging,tunneling or other form of con- i•;'rs' •1` otruction activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities an the Pb. • Right-of-Way,or endanger the lateral support to said facilities;and that no blasting shall be done within 15 feet of the Right-of- • if, Way.• i 6.Indemnity.By accepting and recording this easement,Grantee agrees to indemnify end hold harmless Grantor from any N and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights i ) herein granted;provided,that Grantee shall not be responsible to Grantor for any injuries and/or damages to any person •`,t` caused by acts or omissions of Grantor. -.' - a.Abandonment.The rights herein granted shall continue until such time as Grantee ceases to use the Flight-et-Way fors ., . , , period of five(5)successive years,in which event this easement shall terminate and all rights hereunder shall revert to Gran- tor,provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install Its facilities on the Right-of-Way within any period of time from the date hereof. . f . • 7.Successors and Assigns.The rights end obligations of the:parties shell inure to the benefit of and he binding upon their respective successors and assigns, FILED FOR RECORD AT REQUEST OF; '.: RJ'4 PUGET POWER .' • 427768 • R274 REAL ESTATE DIVISION ' k, , � PUGET POWER BLDG. • r jll BELLEVUE,WASHINGTON 98009 ATTENTION:GEORGE LERTRANTITf9AM • .MAR 6 1979 _... . ' . i • .. • • � � _. tI • I DATED this�0¢• ��day of ^ �.- �y .c GRA "'� • Love ass I Q tom.-...e�i,.n `� �...' .. ? '1,,?. o ,s•- M os • By: . o i� +'f • f O U, t a\ 'O� STATE OF WASHINGTON ) k , a SS A ' r;;.. ', • . r O COUNTY OF King 1 • P • • On this day personnlly nppeared before me C. E. and Joan E. Loveless r�'•iM to a known to Ire the individuals described In and who executed the within and foregoing Instrument,and acknowledged that _`•'i �ey 0 signed the some ns their free and voluntary act and deed for the uses and purposes therein mentioned. ` ', • GIVEN udder my hood and of[ldinl teal IhIece day of �z�++�-+-��y is 7`J iv • k, Notary Public in and fort State of Washington, • Vw residing alt u---, 1: • 4 STATE OF WASHINGTON 1 ;tit !r?\' SS r• COUNTY OF King ) On this day personally appeared before me Lloyd W. Powell -'+ • "' to ma jcnowri to tib'ihe individual_described In end who executed the within end foregoing instrument,and acknowledged that ei? '� he signed.the same as his free end voluntary act and deed for the uses and purposes therein mentioned. / • k GIVEN andetmy hand end official seal this o10¢day of � •7. ,1s 79 / -c .- d" > J tie i' Notary Public in and fort State of Washington, `,' `,'i STATE OF WASHINGTON ) 'oC I Es 4'i'; COUNTY OF ) , int IfiY On this dny pereonolty appeared before me (j to me known to be the Individual_described in and who executed the within and foregoing Instrument,end acknowledged that , : signed the same ee free end voluntary act and deed for the uses and purposes therein mentioned. t ' GIVEN tinder my fltnd:and official Beal this day of ,19 i . Notary Public in and for the Stale of Washington, . "•.- residing at r•::1 , • STATE OF WASHINGTON i • • a •l i. SS CORPORATE ACKNOWLEDGMENT 1. ,, COUNTY OF ) . On this_dayof .19_,before me,the undersigned,personally appeared i '.!! and 11111 to me known to be the and ,respectively,of .1i the corporation that executed the foregoing instrument, ,•,F and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein 1 ',;1 mentioned,end od oath slated that authorized to execute the said Instrument and that the ( seal affixed is the corporate seal of said corporation. s' '•."T ' •• • Witness my hand and offtctnl Beal hereto affixed the day and year first above written. C. Notary Public in and for the Stele at Washington, • residing at • .I . • : MA 6 1979 T -.. . . `: . • . • . ,Y rtr, fz r 1:::";:,fin: Y� . Z'. .rir, .. . ! r( i _ _� i A�. . - . ---------•------__ . , - • • . . . . . .• . .... . ... ' • • • . . . . . • • . ' . ., • •. • • . •. . . . . •• • . . ' . . • - • . . • • .1 . . . . • • - • . . • . • • . . • • . . . . , , . • . , . .. . . . . ' ' • , .. . . .- , . . • • ! . . • . • • . . .. .• . . . . , . • . . , . . . , • . - , . • • ' - • . . . . . .. • il I . . . • - ' .. • . . . .. . . • . , . . . . •. . . . . . . . ' ' • ' • . 1 . • . .. . . . .. . . • - • . -• , . . - • . I . . . s ., .. . •. . • . . . . • . . ' • . • . . I . . • .. . ••. • . . . . . ..!•::•„•,::::;..:;?;.f::'''•',-.••••-•:' • . • . • ' I ;.• '. 1 1 - • . . . . .. . . . . . . ,.. . •. . . ••. . • • I t •• •••• . • , .. ., • •. ' • ., . ,. . . . .. . . . . . . • •. • • •• • . " " • .. . • • . . . . • • . :• • 1..• . . ." " • .. , • • • . . • I . .. . . . . . ... .. . •• • . ..• ' •• . . • . •• • • . . . .. . . " . . . . . . . .. . " • 4 • .• . . I.. . . • . . . • 1 *. . • " . . . . . . . . . •. • . • . . . . . , . . .. . . .• * . . •;•:*. . • ' • • • • - •• . ' • ''Sa.i''..* I• ' • . . • • "•' ' • • - . " " . : • •''''i:.*:.:!...iattktaiiii. 4 • • • • • •. , . • . • . , • • •:* • ••• t* • • " •. • .. • • . • . . . • ••• •.. . • . . .. . .• • • . . • • ., • '. . . •• 4 :.-.?-7,.... ,•:..:..4. I• • . : . . . . .. . . .. ,. . . • ... • ' • . . . . . • . . . .• -. .••• . . . • .. . . . . . ' . • • - • •• • . .. • .. . •. • '. • . - .• • - . . • . ... :;,,,• . . . • .. • , . • . . .; . . . • . . . .. . • -• • , ,, • . . . .. • , ,.... .. . . .• . . " . • • • • . . ,:„. . ,. . . --------• • !;7„ . = ..// // • . . . • • . . •':- - - . . . • .41 . '4 . I,,..-4. •• 1 .• . . -41;1 1 • 1. 'q ,44. . • . • . ' • • .:,?:'••• .' • • . . . • ... . . „ . . 1• • • ,.• 'r..&- : 14 • . . . . . . 1.: . PARCEil A ' • .. . • • i':..4 • •• 1.-A • . 1: . . • • • . • '. ' . • • • •.. .: '. .. . • • •.• ••• . I.'14 That portion of Tract. 8, JOSPEH P. MARSHALL TRACTS, according • '-' '. 1 • ' to Plat recorded in Volume 38 of Plats,.page 30, records of King County, Washington, described as follows: • -. [ Beginning at the intersection of the southeasterly. line of : . :•••i • • State Road 900 as established in King County Superior Courte Cause No. 742207 with the west line, of the vast 30 feet of • • Tract 9 of said Plat; thence southerly along said west line 50 feet ' 1:'`:;.1111111ft. I thence easterly parallel with the south line of said tract- • . •• sfj :165 feet toihe•true point of beginning; thence continue easterly.. . to to the westerly line of 138th Avenue S.E. as condemned in King . , • CD County Superior Court Cause No.. 701162;.thence northerly along.- ',•'• ' . - c, • said westerly line to the southerly line of State. Road 900 as . 2 condemned in King County Superior Court Cause No.„741907: thence, -. • •:, Cr. westerly along the southerly line of said road to a line,parallel- :. .. , r— with the west line of said Lot 8 which passes through the true • - point of beginning; .thence southerly to, the true point of.beg- , - ',1 inning. • •• • 1 • , .• • . ..-. . , • • .. . - • • • • i "-i .; • PARCEL B " • • • ' •! - •,:".., 1 - . .. . . . . • • 1.. .. . . . . . ' . j $ • . . • • • . ,. • , ! . That portion of Tracts B and 9, JOSEPH P. MARSHALL'TRACTS, • ;• • . according to plat recorded in'Volume 3a of Plats, page 30, , . • •i i t . records of King County, Washington, described as follows:, • : • ' ''.-..41'f• . . •.. . . . ..• Beginning at the interesection of the southeasterly line of . . 1 . . :. State Road 900 as established in'King County Superior Court • . • . Cause No. 742207 with the west line of the east 30 feet of- • . ) . said Tract 9; thence southerly along said west line 50 feet; - ', • •• • thence easterly parallel with the south line of said tracts • . , , 165 feet: thence northerly parallel with the,west line of •!- ' • Z.7g6i*Tract 8 to the southerly line of State Road No. 900 . . • • . . . • r:.....tis..Condemned in-King County Superior Court Cause No. 741907: ' : .. ' . .. c _ Aoua,thence southwesterly along said'southerly line to the point __. .- • 0:1• [MAR 6 1979. inning' • • •. . , • -... .. ' -'''''." . . .• 1f0,7i ,4 , . • • • 'i • . . • • . . ",• . l's .... • . ,... .fa .. • • -. • . • • • . . • • • . otli• ,, • . . ' '. • .• . • '. .. • . . ' '..• . .. .'• fe •• • . . '.' ,. . . • • ' ' . • . .... . l •. . • . , • • • . .• .•.. , . • / •. . , . '• •. . . , • • . • / •. .. • ' ... . •• • .• • • 1• • Of. , •. .... .., . ... • • • . .• !x • . . . . . . . . .• . . . - • . . • . k .., . • ' • . , .. .. . • • . . • • • . . . :, . .. . ...to inclemniN and.luald harmIO . . anr1 all•.1.1....•i'...Tr-.....‘t.ati‘fte0.1*.dhla 66-• . - ""• a • F-77—.• .. - , i • • _----- • . • . y1_.... . •'• s PARCEL A ... - _ • .; That portion of Tract. 8, JOSPEII P. MARSHALL TRACTS, according - ' ' to Plat recorded in Volume 38 of Plats,.page 30, records of King County Washington, described as follows: ; . Beginning at the intersection of the southeasterly line of State Road 900 as established in King County Superior Court f Cause No. 742207 with the west line. of the ?ast 30 foot of i- ^# .: Tract 9•of said Plat; thence southerly along said west line 50 feat' 'j'F ,: P thence easterly parallel with the south line of said tract' 165 fgot to the true point of beginning; thence continue easterly. ; '',; . pp to the westerly line of 138th Avenue S.E. as condemned in King r ' : 0 County Superior Court Cause No: 701162;.thence northerly along'. i;a • - 8 - said westerly line to the southerly line of State.Road 900 as •i;/ O� condemned in King County Superior Court Cause No.. 741907; thence„ -, Ch westerly along the southerly line of said road to a line,parallel• °a • . • r— riitb the west line of said Lot 8 which passes through the true r>, _ point of beginning; thence southerly to the-true point of beg- • inning. -4 • PARCEL B • .'% ^1 .. . - .+' • .. That portion of Tracts 8 and 9, JOSEPH P. .MARSHALL'TRACTS, ' . according to plat recorded in'Volume 38 of Plats, page 30, 1 records of King County, Washington, described as follows: F • Beginning at the interesection of the southeasterly line ofa�� 1 State Road 900 as established in•King County Superior Court . I • . Cause No. 742207 with the west line of the east 30 feet of•• said Tract 9; thence southerly along said west line SO feet; thence easterly parallel with the south line of said tracts - 1 165 feet: thence northerly parallel with the west line of j;' '. said Tract 8 to the southerly line of State Road No. 900 as condemned in King County Superior Court Cause No. 741907: , t - thence southwesterly along said-southerly line to the point . 'of beginning. . - RI � ,1 tat • • -, .I • th • . :is o4 • - lj f' RIB •- . ti 1 • eau re"r • h$�. herein gcleimsfor fnfmies and/or dam ding this easement,Creoles • • ., caused b� 'prodded,that Grantee shell shees not sufferedo iaOYPereon whf h me indewdty and hsld hnr Y acts or omission of Gr esPoruible to C Y be caused 6 the niless Cmntar fmm any . antoc, raptor form Y Grantee's euemiae"the rights "Y Infwles and/or damages to en'Perron $' &Abandonment The rights hemin granted shall contfnu u . • tperlod of five(SI successive ysare•In which event This easement ehe0 terminate end oaf rl ea Wey for e � provided that ns abandenmont shall be me Grantee ceases to use the k tor,pro de the Rlght,bwa deemed to have oc Righl•ot- Y within enY Aeriod of Nme fro curretd by reason of Grantee's fallureormhtnlNallert to lein- F1 7•Suc esearn m m the date hereof. Y Inatoll Iis ' ti rlespecflvela�uscceeeorrid ef�Ip�Bhts end obligations of theiparties'shell inure to • !WAR 77 6 1979 I FLED FOR RECORD e e benefit of and ba binding upon their 4'2'7768"'.' T I PUGET POWER AT R.QUEST OF: I ., REAL ESTATE DIVISION r • 1'.. . } BEG WER BLDG. - t E WASHINGTON 88009 • ATTENTION:GmRGE • ` . • ... � ...s: .. :-�,,:.:.: .....:�:.»..:, gib;' �>s - m 1 �.n..o• r<*l,• :a' '+:i^cn. :r -. _:ayaaa.srs..c.�.+;•Ha,. 4,T,,,,,.. wx-7.7 ••: • • _` �(�.Z'up o i4. FEH Z6D]y.D 9 s R T.,600226901A:LIE E Ef- "10. CENTRAL HIGHLANDS1 PLAZA SHORT-. PLAT'_1:___:Z_183� IN THESE I/4 OF S.W. 1/4. SECTION 3, TOWNSHIP 23, NORTH, RANGE -5 EAST,"W.M. .::�":' ' ;; ' .• -- RENTON. KING COUNTY, WASHINGTON .j 4, 330 79 K:A&MRR DIAN • DESCRIPTION 1,-, . N•. I e•a•9T'u- p� 3e,.�- t .DU VA L' --.: . VE• NE TTeAere,o.v- TrArn :�.. _�_•.f q•,600• AGCOLpIui TO Pu7 RECOIROLO i' 'L•iol,pp• T -- Al I.1D'`32.6 ♦02-01. +� `' W VOWW e1,RAGE NO BLS -.:. • - - • - ' M OOG CAMITYWA911NATON, .ii 14i.1e• • .- �• ENCEPFTIUTPORIS I CDIJIICAD. i�9�4. .. 1e7.93. IV .. .. ... •S . TOKIMOCORNTY IOR ROAD.RSCORORD G + L.tos.74' - ezL.OD' - .I�; UNDRL AUDIIDN'Fri[H4 Go tow ...zr -• 3 • p-7p•• • I=: 1 AND EXTAArT1ur PORTON.ceUDiatIED ,`(.'•-L •- • N•26' • FOR ROAD IN 3G.CAU51 IIai.747207 .1,4 y• .o H IA • L•A9.a82 y' . 14190T A S 70U/4.4ND EXCEPT 0.. V'm w O O ;S . - T•inor"- '" - TNE SOOIN ROFRATGOIM.TTo lb \p 4!y • HA-- ; TM CITY OF RRAITOW FOR MUST of H U'S - • .. 4, n .REcoev/D UI1DRa AUDITORS Flu MA C�•� (/� 770921DG7N•AND Ra•LR'YI TRR110N \y. 2 ..._ ._..". ..L� - ... f .O r � - cAWV6TEDTOTHECITYOPC 1TON, \ ♦;'0'- .- O • •.. 3 -. _ '3. UNDERAUDNDRS MI No.77Nu000E7. \(L• Z n �dT 4•�\O 1 144p4' uo... YNI/ E y.Fl '.r,'nw .t. �- CI .•.:R`.N 1.14'e9•i y 110.00 D N • N.\-1 2r b W • . . e _ d ... .. .. _ __ - r O . . ' �:. see.aY ..... - ' 51. .. N I.14'be.M 7.9.e7' •.p IICUn' �8i_?, _ - • • CERTIFICATE `�4•p • • v P (-4 i;.-%^,,,:,..,v;,; -;; _•:::,��'.'.;:, ,; We HEREBY CERTIFY THAT We.THE UNDERSIGNED, [[THE ONNER(S/ �A..Y Y \,�; x t...S`.Y:,,,,,,..-. •,st.tia,`I. IN FEE SINP OF THE LAND HEREBY PLATTED IN THIS SHORT-PRAT.-- •F N . F $� 9 SURVEYORS CERTIFICATE _ --- - -- - • _. " ^ . ` �_. J/417G-6,M • THIS HAP CORRECTLY REPRESENTS A SURVEY NAGE IT ME OR UNDERMA JIG le t'II " NV DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE - APPROVALS .]_ ACKNOWLEDGEMENT - SURVEY RECORDING ACT AT THE REQUEST OF CJS•!O✓EcilAI.R10ue. EXAMINED AND APPROVED THIS�YAY OFF A.D.19 • STATE OF WASHINGTON • - • -i��\�"TM"" COUNTY OF KING OS. - • _... . . I •� ' cA 's"� • "V`^'-•'�-�-t+< DIRECTOR.DEPT.OF PUBLIC WORKS • THIS IS TO CERTIFY THAT ON MIS,eJ/.4 DAY OF Li••R6inA6- A.D ";- CERTIFICATE ND. S26 ft • 19�QBEFOIIE NE THE UNDERSIGNED.A NOTARY PuALIC,•►ERSONALLY EXPIRATION DATE a-a-80 v.}, P�Q E[ANINED AND APPROVED THIS/9 DAY OF ,' R.D.19 " ' • : APPEARmJ.'F(evJres N'TFa4 F•/aYylrss -. 6N.Ns may// TO RE KNOW TO RE THE INDIVIDUAL(S)WHO SIGNED THE ABOVE RECORDING CERTIFICATE -• - • TRAFFIC ENGINEER > CERTIFICATE MD ACKNOWLEDGED TO NE THAT tAe('SIGNED THE SAME ' - " . AS 1Ao.i• FREE AND VOLUNTARY ACT AND DEED. ..-'_. ... :.. -. - -EWAMINED AID APPROVED THIS�AY OF-A�.,E_ '•A.D.19/ • FILED FON RECORD THIS DAY OF '- A.D.-- WITNESS MY HAND AND OFFICIAL SEAL THE DAY ARID YEAR FIRST AROVE " .. • WRITTFII. 19_,AT_11.• IN BOOK OF SURVEYS ON►AEE s ... _ -- .... .. - _,-..,;,. AT TIE AEQUEST OF IN4' 1_ ,_ • :• ..:',•r. ` . 71iliP. ....:'..- MD THE CITYa REHTON. • •"- EkANiNEDAiRD.APPROVED IS r of `.D,~1980 • KOYANI PUBLIC OF L THE ST�lTE OF .. - ... _ .. Fi'i[( ,I '• "-F A. 1C--":-+� ,'., ' - • ... WASHINAT011 RESIDING AT^'^>�/.'.- ° _- . s IIAKl16G ... SUPERINTEIDFM Oi AEcamS DEPUTY COIARI7 ASSESSdt '.KIN6 tailor}ESBESiOR.:r: ;.. - . •' x L .1aarvnc:+c�[==C.:=.`:¢•r^�^r�-:Cf,=u��rH.ae.-+w�c[,=..�. �-xcaa_.�.._R.H: .,,.y �:__ _ _ _ - _ - _-_ - '__- -_-_ _�. __ r_: .__-_ . . J . . _ - - a, CENTRAL HIGHLANDS PLAZA 141/59 -v A BINDING SITE PLAN FILE NO.OSP-091 -97 2SECTION B.T5YR.OM,ROE,SE,W.N. 'O y CITY OF RENTON,NINO COUNTY.WASHINGTON O CT �O �r++ 00 00.0 DEDICATION S. COVENANTS Clgd We,the undersigned.owners In lee Met..of the land brain described.make a This Binding Gee Plan Is made to approve LOU I,R.S.and 4 as separate legal lets long. ri 'A aubdi.+sion greenlet*roplosontod by Ina attached binelp Pie pan. purpose of lease.and Lot 5 as a separate legal let for common use foraowss,arm., •a-. g. BY: i?'.--.+•14,,^+ —.L..'w]..lL..,_ a 5e'Ra metro armor.M uses eca wane,trans.of lee moo owner -role A.L Washburn I Tahoe t.Washburn by o any lot N - tureodesrn'p of MO HID of any Pon., daeparve pvrt.rshp ogles 0m par*LW Tarn v the o_m n lions sort be IoydmW,and ramayld WM .to PO en Basemen own,along,.bon cord Wp STATE OF WASHINGTON I bAblps presently betted on Lab 1,2,O.aMaere In wester.. �G p I SG through aD of Lot 5 ler the purposesol parking,ul5Uoc,ingress And pram forme berm°of 0 fv COUNTY OF qNG 1 L.I.S.D.and a,.d Sheds I. 5.10 Nir.n maim baTi,shall be maul on lMSwaMd I"rl ' amendment n.rem peeing 0l10a ainntaneedd no mnd atilgwtM the d5a the number and Of thIS lending Seal This Este godly Mal onlhs r-r my of 5Y ,1912,more me pe.orffiy Plan. (D'? appeared A L.Washburn and Tahoe T.Was15dium to me Wuhan to be Me inGvduat who executed the dm forego,Itment and....aged the sad Sts0um d.mt In be Ireland voluntary as and deed of sail Individuals tar Me uses and puryoms deer.contain, Co 2 ▪ -. Witness my ham and ofecat seal hereto affirm,the day and year first abovuwpfan. gfi ODB. OC,....ri,O°La .: y' NoIa ea cot and for Ma Sale o'WaaVIglI. ASSESSOR'S CERTIFICATE .4 ... Esern.0 and ppmvea Ow ff'_daye H.✓ toy_. S G.,,./A.,,,r✓N 2 O NA.i(•........., YYA,9C. e t/uA w 0 As0Esmr Deploy Assessor n. FA w B 9 -�1 O c LEGAL DESCRIPTIONporn G a FINANCE DIRECTOR'S CERTIFICATE 00 :CM, PARCELA: O C r 1he.bymd00.1110II thanylaeoaropaq..ndth that .allpoola000ap.at O n' Lo19,CM e1 Renton Short Pdl No.d3O.7B,recorded under Ram•d,No.Bm226901a Insosumnt.N.tltotn0oVO mrwmb.n,ad ll.ta0spaielalad ,who to Q'7 Mes rdhart. ublouslmdn airy In WO th g harem row"I.l.mdiw..un_y.. s.n!.ys. 0`< C. PARCEL D' orbr plerplpbusp.ore arm in Wsita_�-myol /�n 19 r]`/.1 OFFICE OP FINANCE -` "w^'l ti❑ 7 Lot I.City of Penton Shen Plat Na.3p1-T9,recorded veer Rowrdp No.80022680I5. / ;444r r;lxa/ 3 VOtii .wVn Ban Winded In the City of Renton.County of q,,Slato of Wazhrppn /� 5/ \ I yO;.v gG ED 0.1..-F../. 151-0 ,� \ .0D 0. /ng Coup 7 My4 (b �' uldol ro a 10O300 Mae Puget Scud Power alai Light Company armament as rewNed ''T`'OISW OI On;Courtly Deputy Duvet.qry County .1,. ' - - mdarA.F.0000 cacnld9 having cove feet of width on leech tidy of the wnte&ne ofd05100's Mae mFrI.Me OOm of Pearce 4 I 41 r^ 7rti- termites as clammed or to m ens Wcfed,extended,or relocated under,over,and am. O me abase descnbee Parwb A end B g.-.-s Q. Sub to an easement m hand un der der AF.axlo9210690 for paMl,w, MCAar and "' 0 H u. pade.Man IrMlq legman and ogress.and ms1Me0cn and=hummm o11nlalea Sam G eaement era ama nod by immanent rncoded under A F./9100290507. DIRECTOR OF FINANCE ,< , 5. �O the by wetly that Mere are no deiraFmm cial spe assessments and Met at spacial CD S US m r 00050d to the City Treasurer for ml1Ub min n on any properly heroin oonad (b N da➢rlad ire meet,Mays,on amrpu5at use me peb in lull O TOg :'// ,i.:Vg-, tre rc' 3 N LAND SURVEYOR'S CERTIFICATE Daor.O1p of Sentan WOnce of Fbanca 0 I mroby mlM Malthe pMmobr Emadnries o11Ns bn:IT I ere panes reprosamad!arson vC are true and wnaa hosed on a sane*and 6ubdvisbn of a potion of Socrlon 0.Twp.235. Rg0..SE,W IA.The perimeter boundary m I.m City of Renton S P.4301.15 as recorded n' r A.F./11002200015 and S P./3,W-79 es recorded under S.F./90 0 2 219 0 1a.Records O N of qry County.Washington.The boundary 0m been led-wrTed by Td-Cwnry Land 00 CF. Su.ayl,Company.ma courses end&stares are shown rosnu.,nen,and Ins new urn.• 0 et cor have been marnedacaralaly on the g. d un RECORDING CERTIFICATE 89052 OD3)--6 i R a a Q' '�"�pdO _� Filed bur fecal al W.Rtc9 date CM et Ramon Odv 2e day el AAv 19fd 01 F ^y ,emus N.Seem.PLS. =^it'ml past atd.undedNV Volume g''fu$ees, N- Cem"lYale NO.WOO pages Si-La Records d qp Canty.Washington. N m DIVISION OF RECORDS AND ELECTIONS p'a a _!�° sa-' JANE HAGUE 4f F Y'OU5\ta 0 Manager SupemtWndsm of Records O �- NOTES li O y 1{b Developmno DO shag be Menccr��with ire berg n of any tole pan approved byb.CIements latee the reat rIW Renton onev�d W. • \ d December 01,ISOO. WI a. d This ton&,Lle plan and all of its regaremml dull be legallyenforceable on any W'ehasat or other parson aW Wrip I an interest n the witNndeecnbed real property. N• vl N O , O O SHEET 1 OF 2 O•• 0 O M FD ,- N I-re r E. 3 a 5 w bile . , P s t4116° IQ o§ -/w.r-------,.,_ :N.a-�_— OUVALC A✓E N.E f E �°g ) iv \ �6 1! ( 4 s.rr. .m — `r;'NO'/' ... •-' \,.:d- B' BBkYfREINa ® �i \ —,.dpgi, 9dt'E _woo : L I, 7 �T Aem O/ i 3 ` ),IN . ^ -;. I .11\ " �$ b i \ \ yet o y sa • W -C\\\,\: ^ \ . \ \\::\:\ G i�3k -:1 $ .,x :::‘' s z ,• 'x e`4s19T4 ! Z °_y . `J. r r , \\ o � � ZpN, 0- t: \ \ 7„Mr.. 51.'�` q * 110,1Y-19.E /WO' ; • 1. Y iZa5 \, _ mo \\ \\\\\+\\ \\ P W a ._. ' 'f " \ \\ , \ I /9ao• g : a • N ; 'r`41 c •7 Fc = �:. e wn H!a. \ �uiii , S • mw . , I P. o „ V .J Ca z ...0. ao.0• v,� \\t\ \`\ :\\\ 06 \`\ \ _ 7A' vsc ; cr— Z_ o i ` } \\,\\\\,\ \` \. \\\\ \\\�r'��\ll IAy MOPLi39Y Iw $i_ *$ J -ram\ \ \\\ \ t l.""N " \\ i 5 r a CC m y\it \ m\'"-�; �\\�•.\ � 1\\;\\\ �\\\� \'''''''''Cl.fin %' ' aN 5G �` a\ ii. 'q ° 7� vq co o M �, .�.\\ �s\\i-1` - A.',It ,¢o al/ m ^'�'u'!rr °� I :r ie a' U , S;? .\(Y r\. Y - _. ° d e NO/'//'41'E 417.1t' i. .,. ?�r�t i i d S "• ANACOR/ES AVE. N.E. . )t i 4' 't . s5a • This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets,natural boundaries and other land,and is not a survey of the land depicted.Except to the extent a policy of title insurance is expressly modified by endorsement,if any,the Company does not insure dimensions,distances,location of easements, acreage or other matters shown thereon. 176 76 • CENTRAL HIGHLANDS PLAZA FILE NO. BSP-064-92 AN AMENDED BINDING SITE PLAN AMENDS BINDING SITE PLAN RECORDED IN VOLUME 141, PAGES 59 a 60 RECORDS OF KING COUNTY, WASHINGTON SECTION 3,TYP.23 N,ROE.5 E,W.M. CRY OF RENTON, KING COUNTY, WASHINGTON • _ �2ms, Be,THE U IC OWNERS IN FEE SIMPLE OF THE LAND HEREIN THIS BINDING SITE PLAN IS MADE TO APPROVE ES 1,2,3,AND',AS AAEGAL SUBDIVISION GRAPHICALLY REPRESENTED BY THE SEPARATE LEGAL LOTS FOR THE PURPOSE OF LEASE,AND TOTS,AS A ATTACHED BINDING SITE PLAN. SEPARATE LEGAL LOT FOR CONHON USE FOR ACCESS,UTILITIES,.LAND- • SOAPING,PARKING,AND OTHER OSES RELATES TO USE OFOP TEETHE SITE AS A SHOPPING THIS BENDING SITE PLAN DOES NOT AUTHORIZE THE . • T.TW�T. SALE OROTHER TRANSFER OP PEE TITLE OWNERSHIP OF ANY LOT HEREIN Y1"l+•WIW.. DESCRIBED S S ED WHERE SUCH TRANSFER M FER WOULD SEPARATE OWNERSHIP OF FEE II OO A.L. ASHBURN B TAHOE T.NASHB TITLE P AMY LOTPRON THE OWNERSHIP OF PEE TITLE OP ANY OTHER tOC. STATE OP WASHINGTOX) • SS FOR 60 TONG AS ANY OF IS BUILDINGS LOT PRESENTLY MCATD,Otl LOTS 1, COUNTY OF RTMc ) 2, I AND A, ARE IW (AlAN SET 5 SHALL B8 HELD, BOLD,AND WROUGH SUBJECT TO (A) TO EASEMENT SE OVER. ALONG ACROSS ES, 1MI9 IE TO CERTIFY THAT ON THIS DAY OP INGRESS ALL EGRESS LOT 5 FOR THE PURPOSES OF PARKING,5, AND 4,IRO WAS, RNEEPORETO NE PERSONALLY APPEARED A.L.ALSHBUHN AND TAHOE T. INGRESS AND RESTRICTION EA TER BENEFIT OF O ALL 1,2,ERECTED AND A,TN5 FN TO ME MENT D C THE GEE T E SAI WHO E%ECUTCD THE (B) A R6STAICEION THAT NO BUILDING SH11LL N C)AR T LOT S FOREGOING MA INSTRUMENT AN AND DEED O THE DID INSTRUMENT TO BE WITHOUT NUMBER TO SITE PLAN AND(C)A CTIOS THE FREE AND VOLUNTARY NACTCONTAINED. NEDD OP DID INDIVIDUALS FOR THE THAT AIO D AS F ST CONS OF TTIOM Of OFF STREET PARKING WILL B£ USES AND PURPOSES THEREIN CO1R'AIWD. SITE AS FOISTING AS OP SHE DATE OP APPROV,V.OF IBIS BITTING BITE PI AN. WITNESS MY HAND AND OFFICIAL SEAL HERETO.FIXED T.DAY AND YEAR FTP6I ABOVE WRITTEN. y NF WASHINGTON °gjVR IS A. OF WSAA�AASSAIHINGTON R£SIDING1.�AT DERUYTMFM OF ASSESSMENTS 110[HIY MY EXPIRES 7111h EYAMIRCD AND APPROVSO TEES,23'DAY OF A%/QRC- • 1996. -A- YE�D <RF • ASAS sSSOR 6� OEB,1!-r sOsr n ' . . =AND SITVFIOR'SSPRTIFICATE V Va.+I DTRPCTOR'S PPRIETFTPATPs 1 CE THIS BINOINC BITE LAN CORRECTLY REPRESENTS A SURVEY MADE BY NE 2 HEREBY am THAT ALL PROPERTY TAXES ARE PAID,THAT OR UNDER NY DIRECTION IN CONFORMANCE WITH THE REOUFRDIENT9 OF THE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS • :�T. • APPROPRIATE STATE AND COUNTY STATSTE AND ORDINANCE IN MM1 , COLLECTION,AND THAT ALL SPECIAL ASSESSMENTS,CERES • NPR D955. OFFICE FOR COLLECTION ON ANY OF TEE PROPERTY H NTA (��� (�1]�f//17_ , I -- DEDICATED AS STREETS,ALLEYS OR FOR OTHER PUBLIC US DALE 1 ( 1.,11�[Ll�. IOID IQS /LY'0.- H\ FULL vas B(Amy DAY OF MT:I .199fj. TF~ SSRV@K A.1. -P-L:A.NO.ll]J ^)I+---�'•Y 1 1�`1, t S£R�+ P. NOFFICE OF FINANCE: ,.• . q1 C"U gSF11NGt" _ ~ } b.D.i~�EYN CX �OtPUFY DIRSCNR.MIND ODUHIY I , OFFICE OF FINANCE OFFICE OP FINANCE • DEVELOPMENT SERVICES DIVISION DIRECTOR, IXAY1W AND APPROVED THIS L LMT 6 /� /L .199 C, FL...L .OrsrnTPTIDS: ////.. H . `4,...-J PARCEL AC TOT 1, ITY OF RENTON SHORT PLAT NO. 330-)9,RECORDED UNDER RECORDING NO.S002269014. giEFTTR OP FINANCE: . I HEREBY CERTIFY THAT THERE ARE NO DELI...SPECIAL ASSESSMENTS PAE-CELEI AND THAT ALL SPECIAL ASSESSMENTS CERTIFIES TO THE CITY TAEASURE LOTS L1 THROUGH 5, CENTRAL HIGHLANDS PDFA,A BINDING SITE PLAN, FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 14 1 OF PLATS, STREETS,ALLEYS,OR 01.R PUBLIC USE ARE PAID TN FULL. PAGES 59 A.60,RECORDS OF XING COUNTY,WASHINGTON. 1 ��fE/[y/�/,' / BUTS SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON, ORRO,- UC1 SECTION 3...SHIP 23 NORTH,RANGE 5 EASE,W.M. V� DIRECTOR,CITY OP RHNION OFFICE OP l]NANCE STATEMENT OF PURPOSE PUBLIC WORMS ADMINISTRATOR, THIS AMENDMENT WILL INCREASE LOT 3(AND OEfCEASE LOT 5)BY 2,1315 SWAM • EXAMINED AND APPROVED THIS..SAY(F APRE! ,1USE. • FEET EO ALEDW ALBERI9IN4 10 EXPAND AN EXISTING STRUCTURE BY 6,210 9AUNi FEET. • �AawuIMY n•.-- • E4IE5: EEVERDTNC.t•ERTNFEFyg: FA 0 Vi7 R/SC NA PILED FOR RECORD AT THE REQUEST OF THE CITY OP RENTON THIS =A s DEVELOPMENT CO CONSTRUCTION OF ANY IMPROVEMENTS UPON THE REAL Y ODFT(y^�/ , SONG,AT�,�NONSTOP PAST.p ae PROPERTY HEREIN DESCRIBED SHALL BE IE ACCORDANCE WITH THE BINDING ED itl VOLUME/Fc 0P BINDING SLT£B,PACES TA->9 /w�F� SITE PLAN APPROVED BY TEE CITY OF RENTON OM ry-14.41. RECORDS OF RING COUNTY,WASHINGTON. 1995. C r . THIS BINDING SITE PLAN AND ALL OF ITS REQUIREMENTS SHALL BE LEGALLY ENFORCEABLE ON ANY MICHAS.OR OTHER PERSON ACQUIRING AN /4n•'TRL;'^..�.�"^� - INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY. WOMEN 94Y0lINTEIDFNT OP RECORDS • 9BUUSH,HOEOA HITOINGSM.C. .WOIFI m n SHEET I M 2 176 77 • CENTRAL HIGHLANDS PLAZA ____--7 . FILE NQ BSP-064-92 AN AMENDED BINDING SITE PLAN 'a� a LEGEND: _ AMENDS BINDING SITE PLAN RECORDED IN VOLUME 141, ,,,nn� •• ,aa.� PAGES 59 8 60 RECORDS OF KING COUNTY, lAS.....:IN:GT.ON:0-1 W' �i q�,(offN SECTION 3,TW.73 N,RGE.6E,W.M. ' �. • '' w•�*---s."a.... CITY OFRENR7N, TNG COUNIY, WASHINGTSCj , "�.a t4D3•E® ,,`,�T ��o,.^N73'7D4r�v s0,Np rr� c prY " ; \ o Io1.12' .. j 9�,• e •.. ;‹• a� :i.„ W M 11101.11,141.VS. "-r my -lr "wnn e 'GYP .a•'` ..•. �2v' -- �a• tr ffi Ul' l. Pony°sAw w.m•. Mew N v� q� iPs 'D�IQ �Cl LO7'1 2 We,490 11a9.ew hgC ;v N - 8V 1bBAnSv -. 14 aoo;smav;igs..rcns.Hr am' CJ �2, ^• 3 �aLB ois atB•aws.na'�t amm 3 _ snrr oM Vrec axer cn / ��i�(,`r IGP A {.%ru'i'2 . .55sr_ RK No.8002.9014- L add - /•A-. -mil Y r 5 a - - I Ill \. , --- /q - �6O it."' .,r2 rtue �N&F36'S5•W 33/.4J:•`2 'I. r I'',,,� k, % Lyw. r!r g \\ g 3 v �'5 It hi'i: d'` _ c'BE Rai a 6 .kr: aa 1 cC�••�' ?• e5 a3F Sa�J . 7��II o : 24 36'1.1 8,.� P- \ { ate; h I� 7--N SE33v a�m�e�--- 1rm., — '--__ Ys u %� 1349- . N 88'38'S5'W 19300' .. `!`-; m.I ./ME .`:''N&9'360.PW209,90 — .N Ba•36'7J%Y.13A4P -.•.;5,,. • ' Q or 1i. ( ,o.434 •1 vTa.aT. exrnmq 3I�\'L\\\d'<e.. gi E� N0/`2399'5 9@ a� /5 07' e.®/evia„y Ean N9n 00,1 4504.�o'aek'i� 33 14 '�I Rae ax.w�rmay.... ,Q vayr..sabe o ..n'0 ,:. J •'ce.�.. Wi1Iq Ernst y r�++I�t.za mk ,N o Fby/ers W 4 A/be�/San's Fx OI. lI i `i : .z6L 0T / •. a$ m� LOT F, ss.ma:7 e �"' LOT 3 1Y W 4Z267 SO.FT 0.97 ACRES W J 2 I a 2 ' a es'''"4.,mc♦vE N..�pi 1' . I ? 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I ♦ SYmSm3133 N. a " °°' /2/h3° 2"STl2E.ET a allay:6-99..s Casa O Sec 3-23'6 8910901 SNEET 2 A 2 • • i, ii c-c -- � • • ., Y k RECEIVED THIS DAY ADMINISTRATIVE SITE PLAN REVW3 11 Sl Ali• • CITY OF RENTON t.3 b� REPORT AND DECISION Cp;rX ON RECORDS YISfO;i C,^ a u; K)NC COUNTY LNS 5 AMENDMENT TO BINDING SITE PLAN 1• DECEMBER 16,1992 .1,- APPLICATION NO.: LUA-92.064-BSP:ECF;SA • ' OWNER Albertson's Inc o :•t[r; 1c APPLICANT: McConnell/Burke ...1,r,- s CONTACT PERSON Ron McConnell i{,,, PROJECT NAME: Site Plan Approval for Albertson's Expansion& �), Central Highlands Plaza Amended Binding'Site Plan LOCATION: Central Highlands Plaza: South of Sunset Blvd between Anacortes Ave NE %(q ' 8 Duvall Ave NE i a,('' • SUMMARY OF REQUEST: Site Plan Approval and amendment to existing Binding Site Plan to permit: +, (1)a 6.849 sf expansion of Lot 3(total amended area Is 46.501 sf):(2)a 130 1.Z: sf reduction in area of Lot 2(total amended area is 24.170 sr):and(3) a '?J 7,814 sf expansion to the existing Albertson's retail food store (total :.:i expanded area is 34,683 sf), r:( COMMITTEE REVIEW: :^I The following exhibits were entered into the record: Exhibit No.1: Yellow file containing: application, proof of posting and publication, environmental review and other documentation pertinent to this request. :;i`r 0 Exhibit No.2: Neighborhood Detail(Vicinity)Map(Received April 7,1992). TAExhibit No.3: Central Highlands Plaza: An Amended Binding Site Plan: Cover Sheet '.!,•: 7; (Sheet 1 of 21(Received April 7.1992). 0 Exhibit No.4: Central Highlands Plaza: An Amended Binding Site Plan;Site Plan Sheet14 •r�. O (Sheet 2 o12)(Received April 7,1992). f J Exhibit No.5: Sheet L-1;Landscape Plan(Received April 7,1992). C.') Exhibit No.6: Elevations of proposed Albertson's store expansion (Received April 10. F', 1992). Exhibit No 7: Schemati). c Door plan of proposed Albertson's store expansion(Received April 10, Exhibit No.8: Storm Drainage Report(Received September 23,1992). FINDINGS,CONCLUSIONS,AND DE1992CISION Having reviewed the wrillen record in the matter,the City now makes and enters the following: • if ra,,• — ...- . - J S • I • • lip • ADMINISTRATIVE SITE PLAN REVIEW ALBERTSON'S EXPANSIONd CENTRAL.HIGI..ANDS PLAZA AMENDED BINDING SITE PLAN ' DECEMBER 16,1992 PAGE 2 1 FINDINGS 1. The Applicant, McConnelUBurke, has requested Site Plan Approval and an Amendment to its previous Binding Site Plan to permit: (1)a 6,849 sf expansion of Lot 3(total amended area Is 46,501 sf);'(2)a 130 sf reduction in area of Lot 2(total amended area is 24,170 sf);and(3)B 7,814 sf expansion to the existing Albertson's retail food store(total expanded area is 34,683 sf). The purpose of the proposal is to amend a previously approved Binding Site Plan(December 31,1987;File No.BSP.091-87)to allow expansion of the existing Albedson's supermarket located in the Central Highlands Plaza shopping center. The proposed building addition would provide Increased sales display area for the supermarket's deli section. The proposal Is located at the Intersection of Sunset Boulevard and Duvall Avenue NE. An existing approved and recorded Binding Site Plan for the Central Highlands Plaza must be amended in order to accomplish this proposal. Site Plan Approval is also required for the proposed revisions to the building facade,parking and landscaping. . 2. The applicant's file containing the application,the State Environmental Policy Act(SEPA)documentation,the comments from various City departments,the public notices requesting citizen comment,and other pertinent documents was entered as Exhibit No,1. 3 . Pursuant to the City of Renton's Environmental Ordinance and SEPA(RCW 43.21C,1971 as amended),a Determination of Non-Significance•Mitigated was issued for the subject proposal on November 9,1992,with Re, the following conditions: :7 a) In order to address potential impacts on the existing cedar trees adjacent to the revised driveway on 1 00 0 Duvall Avenue NE.the applicant Is required to retain an Arbodst to provide recommendations for preservation of Ike trees. The Arborist's recommendations shall be submitted to the Development . CrServices Division prior to Site Plan Approval and amendment to the Binding Site Plan. • to 4. The 14 day appeal period ended on November 24.1992,with no appeal filed. 5. Compliance with ERC Conditions: • a) In order to address potential Impacts on the existing cedar frees adjacent to the revised driveway on Duvall Avenue NE, the applicant is required to retain an Arborist to provide • recommendations for preservation of the trees. The Arborist's recommendations shall be submitted to the Development Services Division prior to Site Plan Approval and amendment to the Binding Site Plan. Compliance: The applicant retained,John D. Hushagen, Consulting Arborist with Seattle Tree Preservation,Inc.to review potential impacts of the proposed driveway relocation on Iwo existing large diameter cedar trees. The arborisl's report is contained in Attachment A to this report. The report concludes: 1) Of the two cedar trees on site,only the one to the north is not worth saving. This tree was • damaged during the original shopping center construction or perhaps from the widening or • Duvall Avenue NE. Because die back of the tree is substantial,it should be removed al the • start of construction. 2) While the southern of the Iwo trees has had some damage,the soil grade changes were not as sever and the tree has reached an equilibrium between the needs of its crown and what its roots can supply. • ' 3) The proposed parking and driveway revisions would cause some minor disturbance of the • southern tree's toots,however probably not enough to cause it to die or become physically unstable. Since this tree is worth saving,the arborist recommended the following measures . to save the tree: i a. 'Do not add or remove soil within the tree's drip line:' . • b. 'Install sturdy tree protection fencing al the drip line prior to beginning excavation' c. 'Apply a 3 to 4 inch layer of wood chips to serve as a mulch for moisture retention during and alter construction." d. 'Provide 1 inch of irrigation water perweek on the tree's root zone during the April to • _ j October growing season,both during construction and for 2 to 3 years thereafter." 1 . ( • • • a • ADMINISTRATIVE SITE PLAN REVIEW ALBERTSON'S EXPANSION A CENTRAL HIG,,.ANDS PLAZA AMENDED BINDING SITE PLAN DECEMBER 16,1992 PAGE O ii e. "Consider root zone therapy with eight vertical mulching or the Gro-Gun to stimulate i new root growth within and outside the tree's drip line." i f6. Plans for the proposal have been reviewed by all City departments affected by the impact of this proposal. 7. The subject proposal is consistent with the Comprehensive Plan designation of Commercial. 6. The site plan as presented.Complies with the zoning requirements and development standards of the B•1. j Business District. • 9. The subject site was annexed into the City on July 7,1975 by Ord.2945. At the time of the annexation,the site was zoned G-1. The site was rezoned from G-1 to 13-1 on August 15,1977. ; • 10. Land uses surrounding the subject site include:commercial uses to the north,west and east. Residential uses exist to the south of the site. 11. The applicant's site plan complies with the requirements for information for Site Plan Review,as contained in 1 • Section 4-31-33;and requirements for information Binding Site Plans as set forth in Section 9-12-6-A. ) CONSISTENCY WITH SITE PLAN APPROVAL CRITERIA Section 4-31-33(D)lists ten criteria that is asked to consider along with all other relevant information in making a . decision on a Site Plan Approval application.These include the following: 1. Conformance with the Comprehensive Plan,its elements and policies; The subject proposal is consistent with the Comprehensive Plan designation of Commercial. The proposal is also consistent with the Commercial Areas Objective: 'Sound commercial areas should be created and/or . maintained and decling areas revitalized";and the Commercial Structure and Sites Objective: "Commercial t structures and sites should be well-designed,constructed and maintained. 2. Conformance with existing land use regulations; I Tile site plan as presented,complies with the zoning requirements and development standards of Ilse B-1, Business District. The proposal exceeds minimum front yard/street setback of ten feet;has less than the maximum 65%lot coverage allowed;and its 24 fool high buildings are less than the 95 feel allowed. • 3. Mitigation of impact to surrounding properties and uses; 1 • 'Cr a) Mitigation of undesirable impacts of proposed structures and site layouts that could impair i O the use or enjoyment or potential use of surrounding uses and structures and of the community. 1 i R The proposal would make minor revisions to an existing commercial development. The proposed • . I addition to the trent of the existing Albertson's store would be setback from Sunset Boulevard by over 1 G 400 feet,and thus should have minimal impact on surrounding properties. Likewise,relocation of the entrance drive at Duvall by approximately 35 feet to the north should have minimal impact on to surrounding uses,since the driveway has been designed to preserve two existing large diameter C.) cedar trees which create a visual buffer on the east side of the subject site. b) Mitigation of undesirable impacts when an overscale structure,in terms of size,bulk,height, and intensity,or site layout Is permitted that violates the spirit and/or intent of the Toning Code and impairs the use,enjoyment or potential use of surrounding properties. Not applicable. The existing commercial structures, as well as the subject addition, are all approximately 24 feet in height,which is compatible in scale with other surrounding commercial in the • vicinity. _ c) Provision of a desirable transition and linkage between uses and to the street,utility,walkway, and industrial systems in the surrounding area by the arrangement of landscaping, fencing • an/or other buffer techniques,in order to prevent conflicts and to promote coordinated and planned benefit from,and access to,such elements. s,P&RPI,IX-timv (' • 2 _ ADMINISTRATIVE SITE PLAN REVIEW ALBERTSON'S EXPANSIONS CENTRAL NIGn.ANDS PLAZA AMENDED BINDING SITE PLAN DECEMBER 16,1992 PAGE 4 Existing sidewalks along Duvall and Anacortes provide linkages to Sunset. The proposal would provide pedestrian linkages from the various store entrances via an east-west walkway in front of the stores. • d) Consideration of placement and scale of proposed structures In rotation to the natural characteristics of a site such that they create a perception of greater height or bulk than intended the spirit of the Zoning Code. Not applicable. The existing commercial structures, as well as the subject addition, are all approximately 24 feet in height,which is compatible in scale with other surrounding commercial In the vicinity. � f o) Effective location, design and screening of parking and service areas in order to promote efficient function of such facilities, to provide integrated facilities between uses when beneficial, to promote "campus-like" or park•Ilke" layouts In appropriate zones, and to prevent unnecessary repetition and conflict between uses and service area or facilities. With the exception of minor revisions to the existing parking and firetane to allow expansion of the existing Albertson's store,the proposal would have minimal impact on existing parking and landscape screening. Existing loading areas at the rear(south side)of the stores would not be affected by the proposal. In order to address the impact of revisions to the proposed driveway relocation at Duvall ( 1/1 Avenue NE.it is recommended that the applicant be required to submit a landscaping plan and install additional landscaping In the planting area bordering the east side of the subject site. ty I) Mitigation of the unnecessary and avoidable impacts of new construction on views from . U) existing buildings and future developable sites,recognizing the public benefit and desirability • Ct of maintaining visual accessibility to attractive natural features and of promoting"campus- like"or"park•like"settings in appropriate zones. Not applicable. The proposal would continue the existing single story construction that currently • exists on the subject site and would not impact views from existing or potential future buildings. g) Provision of effective screening from public streets and residential uses for all permitted - outdoor storage areas(except auto and truck sales),for surface mounted utility equipment,for rooftop equipment,and for all refuse and garbage containers,in order to promote a"campus- like"or"park•like"setting where appropriate and to preserve the effect and intent of screening • or buffering otherwise required by the Zoning Code. Not applicable. An existing outdoor storage area for Ernst's nursery section is visually screened at the west side of the site. No new or expanded outdoor storage areas are part of this proposal. II) Consideration of placement and design of exterior lighting in order to avoid excessive brightness or glare to adjacent properties and streets. • Not applicable. No new exterior lighting is proposed. ' 4. Mitigation of impacts of the proposed site plan to the site; • a) Building placement and spacing to provide for privacy and noise reduction;orientation to views and vistas and to site amenities,to sunlight and prevailing winds,and to pedestrian and vehicle needs. The proposal would make minor revisions to an existing commercial development. The proposed addition to the front of the existing Albertson's store would be setback from Sunset Boulevard by over 400 feet,and thus should have minimal impact on surrounding properties. Likewise,relocation of the entrance drive al Duvall by approximately 25 feet to the north should have minimal impact on surrounding uses,since the driveway has been designed to preserve two existing large diameter cedar trees which create a visual buffer on the east side of the subject site. • b) Consideration of placement and scale of proposed structures in relation to the openness and natural characteristics of a site in order to avoid overcentration or the impression of oversized structures. 5n',N"rl D.IDL •1,,4. • • - is • . AOMIIISTRATIVE SITE PLAN REVIEW ALBERTSON'S EXPANSION 6 CENTRAL HIGNLANOS PLAZA AMENDED BINDING SITE PLAN ' DECEMBER le.1992 PAGE 5 i The existing commercial structures,as well as the subject addition,are all approximately 24 feel in height,which is compatible in scale with other surrounding commercial in the vicinity, c) Preservation of the desirable natural landscape through retention of existing vegetation and limited soil removal, Insofar as the natural characteristics will enhance the proposed development. j The primary natural feature on this site are two large diameter cedar trees which predate the original ; ' development of the shopping center. Under this proposal the entrance drive at Duvall would be by relocated approximately 35 feet to the north;however,the driveway has been designed to preserve two existing large diameter(approximately 36'diameter)cedar trees which create a visual buffer on the east side of the subject site. Note: Based on the Arborist's report,the northern of the two frees will have to be removed because of previous construction damage to its root system. Nevertheless, . preservation of the southern free,because of ifs substantial sire, will still provide visual buffering of , the site perimeter. d) Use of topography to reduce undue cutting,filling and retaining walls in order to prevent erosion and unnecessary storm water runoff, and to preserve stable natural slopes and desirable natural vegetation. _ Not applicable. No grading or retaining walls are proposed, e) Limitation of paved or Impervious surfaces, where feasible, to reduce runoff and Increase natural infiltration. Not applicable. While the proposal would not reduce the total area of impervious surfaces,it would reduce the area of paving subject to automobile use. i) Design and protection of planting areas so that they are not susceptible to damage from vehicles or pedestrian movements. 'Cr Not applicable. Existing planting areas are currently protected by a combination of extruded concrete 0 curbing and wheelstops. 1 g) Consideration of building form and placement and landscaping to enhance year round Cr; conditions of sun and shade both on-site and on adjacent properties and to promote energy 0 conservation. +1 1.1 0 Not applicable. The proposed building expansion is approximately 400 feel from off-site structures 1 40 and would have no impact on solar conditions. 5. Conservation of area-wide property values; . The proposed building expansion is not expected to have a negative impact on property values in the area r since the proposed improvements would continue the visual appearance of the existing shopping center i . buildings,which are in good condition. 6. Safety and efficiency of vehicle and pedestrian circulation; a) Provision of adequate and safe vehicular access to and from all properties. Transportation Plan Review staff have reviewed the proposed driveway access revisions at Duvall contribute A Its fair share to a fund for the upgrade of the Intersection of Anacortes Avenue NE and venue NE ano do not anticipate safely problems. The proposal also includes a new sidewalk along the north side of the Ernst Nursery at Anacertes, which should improve pedestrian safety by separating pedestrian from vehicular traffic. In addition,the applicant has voluntarily agreed to Sunset Boulevard. .i — b) Arrangement of the circulation pattern so that all Ingress and egress movements may occur at as few points as possible along the public street,the points being capable of channelization for turning movements. No new site access points are proposed. The site currently has five access curb cuts for the main i parking lot and two curb cuts for the loading area at the rear(south side)of the existing buildings. ,•n;Nn:,raocaror I . • 1,-j 1 • 'si• v i r • • • 1'- ADMINISTRATIVE SITE PLAN REVIEW ALBERTSOtrS EXPANSf0N6 CENTRAL NIGntAlIDS PlP2AAlAENDED BINDING SITE PLAN DECEMBER 16,1992 PAGES None of the existing curb Cuts could be eliminated without negatively impacting tratric circulation on- site,as well as,off-site. c) Consolidation of access points with adjacent properties,when feasible. - • The site currently has five access curb cuts for the main parking lot and two curb cuts for the loading area at the rear(south side)of the existing buildings. None of the existing curb cuts could be eliminated without negatively impacting traffic circulation on-site,as well as,off-site. Because the subject site takes up almost entire block,there are no opportunities for consolidation off access with adjacent properties. dJ Coordination of access points on a superblock basis so that vehicle conflicts and vehiclelpedestrian conflicts are minimized. Because of its size,the existing block on which the subject site is located could be considered a 'superblock'. The Subject site currently has five access curb cuts for the main parking lot and two curb cuts for the loading area at the rear(south side)of the existing buildings. None of the existing ( curb cuts could be eliminated without negatively impacting traffic circulation on-site,as well as.off. site. Because the subject site takes up almost all of the entire superblock,there are no opportunities for consolidation off access with adjacent properties. �, e) Orientation of access points to side streets or frontage streets rather than directly on to . arterial streets,when feasible. Three of the five existing access points are oriented to side streets. The two remaining access is IQ oriented to Sunset Boulevard. C fj Promotion of the safety and efficiency of the Internal circulation system, Including the 11) location,design and dimensions of vehicular and pedestrian access points,drives,parking, turnarounds,walkways,bikeways,and emergency access ways. • W C") The existing parking area generally provides safe and efficient internal circulation. g) Separation of loading and delivery areas from parking and pedestrian areas. Loading is currently provided al the rear of the existing commercial buildings,and Is separated from • the main customer parking area and sidewalks by the buildings themselves. The subject proposal would not alter the existing loading facilities. it) Provisions for transit and carpool facilities and access when appropriate. Not applicable. i) Provision for safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. Existing sidewalks along Duvall and Anacorles provide linkages to Sunset. The proposal would provide pedestrian linkages from the various store entrances via an east-west walkway in front of the . stores. Note,part of this sidewalk already exists,the applicant has proposed to extend this sidewalk In front of the Ernst Nursery to complete the linkage to Anacortes. 7. Provision of adequate light and air; • The proposal provides setbacks and building separations in excess of minimum zoning code requirements. which Should insure adequate light and air to adjacent streets and uses. Note existing structures are abutting (zero lot line)along the north/south lot lines between lots 1,2 and 3. The subject proposal would not change this existing condition. 8. Mitigation of noise,odors,and other harmful or unhealthy conditions; Construction activity will generate some noise,dust and debris on adjacent City streets. As a Result,it is • recommended that the applicant be required to post a surety device of at least$2,000.00 to reimburse the City for street cleaning during construction. P`1. • • - • 1111 ADMINISTRATIVE SITE PLAN REVIEW ALBERTSON'S EXPANSION 6 CENTRAL HIGHLANDS PLAZA AMENDED BINDING SITE PLAN DECEMBER 16.1992 PAGE 7 9. Availability of public services and facilities to accommodate the proposed use;and, Fire: In order to address impacts on level of fire and emergency services,the applicant will be required to pay a aFireiMiitigation Fee of 50.52/sf per the requirements of Resolution 2895,for the area of the proposed MorePolice:No substantial impacts to police services are anticipated. • Water: The applicant may be required to pay Special Utility Connection Charges for water service connections.There are adequate water mains adjacent to the site to serve the proposal. Sewer: The applicant may be required to pay Special Utility Connection Charges for water service connections. There are adequate sewers to serve the proposed use. Electrical,Telephone,Cable Television: The utilities are available in the vicinity of the site. The applicant is required to underground all such utilities both within the site and as part of required oft-site improvements. 10. Prevention of neighborhood deterioration and blight. The proposed development Is expected to have a positive Impact on the surrounding properties, The proposed buildings would utilize high grade materials which would be compatible with adjacent commercial structures. 11. Signage a) Employment of signs primarily for the purposes of identification' • The proposal includes a single new sign on the north elevation of the proposed Albertson's store expansion.This sign is an Identification sign containing the name of the store: "Albertson's'. b) Management of sign elements, such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the • d' building and site to which they pertain. The proposed store identification sign is consistent with existing signs on adjacent commercial r4 buildings in the existing shopping center. b c) Limitation of the number of signs to avoid visual clutter and distraction, L� A single identification sign is proposed for the front(north elevation)of the store expansion. :3 v7 d) Moderation of surface brightness or lighting Intensity except for that necessary for sign visibility The proposed sign would be a colored,back-lit sign,similar to the sign on the existing storefront. The blue color of the sign and type of lighting should not pose a brightness or glare problem. e) Provision of an Identification system to allow for quick location of buildings and addresses. The proposal would not alter the existing address identification system of the shopping center. 12. Hazardous Waste Treatment and Storage Facilities. Nor applicable.no hazardous waste treatment or storaoe facilities are proposed. CONCLUSIONS: 1. The subject proposal complies with the policies and codes of the City of Renton.: 2. Specific issues were raised by various City departments in areas such as fire flow and transportation. - I, 3. The proposal complies with the Comprehensive Plan designation of Commercial. Puny ' i ill . I I - . • 1 I ' - ® ' • • ADMINISTRATIVE SITE PLAN REVIEW ALBERTSON'S EXPANSION a CENTRAL HIG,,ANDS PLAZA AMENDED BINDING SITE PLAN DECEMBER 16.t992 PACE e 4. Transportation staff estimate that the proposal would generate up to 356 additional vehicular trips. This increase in trips would impact the existing intersection al Anacortes Ave.NE and NE Sunset Boulevard. The intersection at Duvall and Sunset has already been upgraded. In order to address the impacts from these increased trips,the applicant has agreed to contribute its fair share(based on the additional trips generated by the proposed expansion)to a fund for the improvement of the intersection of NE Sunset Boulevard and , Anacortes Avenue NE. The applicant's fair share cost of such improvements are estimated to be 52.541.31, and shall be paid prior to the issuance of a Building Permit. Note.this amount would be credited towards a towards Albertson's share of a future LID for the Intersection improvements. 5. Revisions to the applicant's landscaping plan are necessary to provide a suitable transition to the street (Duvall Avenue NE)adjacent to the proposed driveway relocation. i DECISION: The site plan(or the Albertson's Expansion and the Amendment to Binding Site Plan for Central Highlands Plaza File No.LUA•92-064-BSP;ECF;SA Is recommended for approval,subject to following conditions: 1. Contribution to intersection improvements in order to address the traffic impacts from increased trips, the applicant has agreed to contribute its fair share(based on the additional trips generated by the proposed I expansion)to a fund for the improvement of the intersection of NE Sunset Boulevard and Anacortes Avenue ar NE. The applicant's fair share cost of such Improvements are estimated to be 52,541.31,and shall be paid a prior to the issuance of a Building Permit. (Note,this amount would be credited towards a towards Albertson's share of a future LID for the intersection improvements.] I 2. Additionai Perimeter Landscaping and Preservation of Cedar Tree: In order to address the impacts from ' revisions to the proposed driveway relocation at Duvall Avenue NE on the existing cedar trees and the visual C buffering of the site,the applicant Is required to:incorporate the recommendations contained the letter to Ron L7 McConnell dated December 2, 1992, from John D. Hushagen, Consulting Arborist with Seattle Tree , . Y Preservation,Inc.(See Attachment A)into the Landscape Plans and Specifications for the project. Revised ;,,„ landscaping plans and specifications are to be approved by the Development Services Division.prior to the v? issuance of Building or Construction Permits. The Landscaping Plans and Specifications shall include: a) Removal tire existing"north"cedar under the supervision of a qualified arborist. (See item'c)`below] b) Implementation of the following measures to retain and preserve the'south"cedar: I 1) Do not add or remove soil within the remaining south cedar tree's drip line. 2) Install sturdy tree protection fencing at the drip line prior to beginning excavation. Tree protection fence details to be shown on the landscaping plan. 3) Apply a 3 to 4 inch layer of wood chips to serve as a mulch for moisture retention during and after construction. . 4) Provide 1 Inch of irrigation water per week on the tree's root zone during the April to October growing season,both during construction and for 2 to 3 years thereafter. This shall consist of an automated irrigation system which shall be approved by the Development Services Division,with concurrence by the arborist. 5) Implement a three year oroaram of root zone therapy with eight vertical mulching or the Gro• Gun to stimulate new root growth within and outside the tree's drip line. This program shall ... , . I be monitored for the three year following construction by the arborist. The arbors(shall provide annual inspection reports to the Development Services Division on the condition of the tree and the results of the irrigation and root therapy program. c) A qualified arborist shall be retained,If needed,to: • 1) Oversee the removal of the north cedar. 2) Provide recommendations for the replanting of the north cedar area. 3) Oversee the real therapy program and general landscape maintenance of this area. • e I . 1 �' J .. , - .. .-' .L._,_..._.____a..�.� -..___ • • • 11. • • Aft ADMINISTRATIVE SITE PLAN REVIEW ALBEIETSOMS EXPANSION&CENTRAL HIGHLANDS PLAZA AMENDED BINDING SITE PLAN DECEMBER 16.1992 PAGE 9 4) Provide recommendations on the automated irrigation system to be installed for the south cedar and the remainder of the planting area. • • • 5) Prepare and submit annual reports to the Development Services Division for a three year period following completion of construction. These reports half describe the condition of the remaining south cedar and the impact of the root therapy program. 3. Landscaping Agreement: In order to maintain the integrity of this site plan approval,the applicant is required to enter Into an agreement with the city,acknowledging the current end future owner's responsibilities for maintaining the landscaping and site improvements on the site In accordance with accepted landscape principals. The agreement shall require the applicant to agree to replace any and all landscaping that has died or been so severely damaged through improper maintenance(e.g.improper or excessive pruning)as to destroy or significantly reduce the original intent. The landscaping covenant shall be approved by the Development Services Division and City Attorney prior to the issuance of a Building Permit. 4. Landscaping Surety Device: The applicant is required to post a surely device equal to at least ten percent (10%)of the value of all landscaping Improvements,to be approved by the Development Services Division for maintenance and plant replacement of all site landscaping for a minimum period of three(3)years. Evidence of the surely device is required prior to the Issuance of a Building Permit. 5, Street Cleaning Surety Device: The applicant is required to post a surely device,to be approved by the Transportation Systems Division for street cleaning during the construction phase of the project. Evidence of • the surely device is required prior to the issuance of a Building Permit. 6. Recyclables Storage and Collection:The applicant is required to revise the proposal to include an area for deposit and storage of recyclables generated by Albertson's,consistent with the City's adopted Garbage Code • Amendment. The recycfables plan is to be approved by the Development Services Division and Solid Waste Division prior to the issuance of a Building Permit. 7. Filing of this Repoli: The applicant shall file this report as part of the Official Record of Deed at File,along • with other documentation of the Amendment to the Binding Site Plan with the King County Court House NOTES TO APPLICANT .1' For the purpose of these decisions,the terms'should"and"shall'are to be considered mandatory)and the term'may' C is considered discretionary. { d 1. Hold Harmless: An applicant complying with these provisions and willing to hold the City harmless for any expense or damages incurred for work begun prior to the exhaustion of the 14-day appeal period and/or for 0 work which may consequently be stopped by an appeal or work required to be altered or returned to its pre- construction stale,may begin construction activities with the issuance of the proper permits. O 2. Special Utility Connection Charges: The project may be subject to Special Utility Connection Charges for • ,r.) water •and sewer. 3. Fire Mitigation Fee: The project is subject to a Fire Mitigation Fee of 50.52/SF for the proposed addition • under Resolution 2895. 4. Uniform Fire Code; The proposed expansion is subject to the Uniform Fire Code. In order for the Fire Prevention Bureau to calculate the fire flow requirements for the project,the applicant will need to have its architect analyze the existing fire separation walls between Alberson's and Pay N Save,end certify the fire rating of that assembly. ORDERED this Sixteenth day of December,1992 on behalf of the City of Renton Site Plan Approval Committee. Donald K.Erickson,AICP Secretary eragnn occur �r St2; i't:i OO.. • / � _ , . . • • • 1 aturC4d7a • • • _.• 'u • AOMINISTRATNE SITE PLAN REVIEW ALBERTSON'S EXPANSION d CENTRAL HIGHLANDS PLAZA AMENDED BINDING SITE PLAN DECEMBER 16.1992 PAGE 10 TRANSMITTED this 5th day of January,1993 to the parties of record:N/A,there were no parties of record, TRANSMITTED this 5th day of January,1993 to the following: • • Mayor Earl Clymer Lynn Gul'mann,Planning/BulldinglPublic Works Administrator Jim Hanson,Development Services Manager Jim Chandler,Building Official Councilman Richard M.Stredicke Members,Renton Planning Commission Gary Golli.Fire Marshal Ameta Henninger,Public Works Division er Lawrence J.Warren,City Attorney p Valley Daily News aREQUESTS FOR RECONSIDERATION must be filed In writing on or before January 21,1993.Any aggrieved Q;person feeling that the decision of the Site Plan Review Committee is 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 meeting, may make a written request to the Zoning Administrator for review by the Site Plan Committee within fourteen(14) daysee utfterareview of thehrec request,te further actionforth has II specific eemserrors roperll Ifanappeal is mch ade to the Hearine ng Examiner. requests for reconsideration will be forwarded to that office for consideration at the same time as the appeal. WI • AN APPEAL TO THE HEARING EXAMINER is govemed by Title IV,Section 4.8(13)(1),which requires that such • appeals he filed directly with the Hearing Examiner. Appeals must be made in writing before 6 p.m.on January 21,1993, Any appeal must be accompanied by a 675.00 fee and other specific requirements. THE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte(private one-on•one)communications may occur concerning land use decision.The Doctrine applies not only to the Initial committee decision,but to all Request ; for Reconsideration as well as Appeals to the Hearing Examiner. All communications after the decision date must be • made in writing through the Zoning Administrator. All communications are public record and this permits all Interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the Invalidation of the request by the Court. • • .I • • • • • • - ' r111 20171004000859.001 Electronically Recorded Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-1 of 11 Record Date:10/4/2017 12:49 PM King County,WA RETURN ADDRESS: Washington State Employees Credit Union Commercial Lending PO Box WSECU • Olympia,WA 98607 DEED OF TRUST DATE: September 25,2017 Reference#(if applicable): 170803502 Additional on page Grantor(s): 1. Kaba Investments LLC Grantees) 1.Washington State Employees Credit Union 2.First American Title Insurance Company,Trustee Legal Description: LT 1 CITY OF RENTON CENTRAL HIGHLANDS PLAZA SP 1 NO. 330-79 REC#8002269014 Additional on page Assessor's Tax Parcel ID#: 516970 0092 THIS DEED OF TRUST is dated September 25, 2017, among Kaba Investments LLC, a Washington limited liability company ("Grantor"); Washington State Employees Credit Union, whose mailing address is Commercial Lending, PO Box WSECU, Olympia,WA 98507(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Insurance Company, whose mailing address Is 4710 Summitvlew Ave, Yakima, WA 98908 (referred to below as "Trustee"). • Recorded at the request of FIDELITY NATIONAL TITLE MAJOR ACCOUNTS Order# 20375-770 Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-2 of 11 20171004000859.002 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 2 CONVEYANCE AND GRANT. For valuable consideration,Grantor conveys to Trustee in trust with power of sale,right of entry and possession and for the benefit of Lender es Beneficiary,all of Grantor's right,title,and Interest In and to the following described reel property, together with all existing or subsequently erected or affixed buildings, improvements end fixtures; all easements,rights of way,and appurtenances;ell water,water rights end ditch rights (including stock In utilities with ditch or Irrigation rights); and all other rights,royalties, end profits relating to the real property,including without limitation ell minerals,oil,gas,geothermal and similar matters, (the "Real Property") located In King County,State of Washington: • LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT 1 NO. 330-79, RECORDED FEBRUARY 26.1980 UNDER RECORDING NUMBER 8002269014, RECORDS OF KiNG COUNTY, WASHINGTON; SITUATE IN THE CITY OF RENTON, COUNTY OF KING,STATE OF WASHINGTON. The Real Property or its address is commonly known as 4637 NE Sunset Blvd., Renton, WA 98059. The Real Property tax Identification number is 516970 0092. Grantor hereby assigns as security to Lender,all of Grantor's right,title,and interest in and to all leases, Rents,and profits of the Property. This assignment is recorded in accordance with RCW 65.08.070; the lien created by this assignment is Intended to be specific,perfected and shoats upon the recording of this Deed of Trust, Lender grants to Grantor a license to collect the Rents and profits, which license may be revoked at Lender's option end shell be automatically revoked upon acceleration of ell or part of the Indebtedness. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rants. THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE.THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except es otherwise provided In this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,and shall strictly and in a timely manner perform ell of Grantor's obligations under the Note,this Deed of Trust,end the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; 12) use,operate or manage the Property;and (3) collect the Rents from the Property (this privilege Is a license from Lander to Grantor automatically revoked upon default). The following provisions relate to the use of the Property or to other limitations on the Property. The Real Property Is not used principally for agricultural purposes. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements,and maintenance necessary to preserve its value. Nuisance,Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(Including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shell not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender end Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply, and shell promptly cause compliance by all agents, tenants or other persons or entities of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner,with all laws,ordinances,end regulations,now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation,the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-3 of 11 20171004000859.003 Record Date:10/4/2017 12:49 PM King County,,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 3 notified Lender in writing prior to doing so end so long es, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above In this section,which from the character and use of the Property ere reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option, (A) declare immediately due end payable all sums secured by this Deed of Trust or (B) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and Impose such other conditions as Lender deems appropriate,upon the sale or transfer, without Lender's prior written consent,of all or any part of the Real Property,or any Interest in the Reel Property. A "sale or transfer" means the conveyance of Real Property or any right,title or interest in the Reel Property;whether legal,beneficial or equitable;whether voluntary or involuntary;whether by outright sale,deed,Installment sale contract, lend contract,contract for deed,leasehold Interest with a term greater then three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property,or by any other method of conveyance of an interest in the Real Property. However,this option shall not be exercised by Lender If such exercise Is prohibited by federal law or by Washington law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due(and In all events prior to delinquency)all taxes,special taxes,assessments, charges(including water and sewer),fines end impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided In this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,ao long es Lender's interest in the Property la not Jeopardized. If a lien arises or is filed as a result of nonpayment,Grantor shall within fifteen(15)days after the lien arises or. if a lien le filed, within fifteen(16)days after Grantor has notice of the filing,secure the discharge of the lien,or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In en amount sufficient to discharge the lien plus any costs and attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lander and shell satisfy any adverse Judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the texas or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(151 days before any work la commenced,any services are furnished,or any materials are supplied to the Property,If any mechanic's lien,materieimen's lien,or other lien could be asserted on account of the work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a pert of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shell also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally,Grantor shall maintain such other Insurance,including but not limited to hazard, business interruption,and boiler Insurance,ea Lender may reasonably require. Policies shell be written in form, amounts, coverages end basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender,will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that coverages will not be cancelled or diminished without at least thirty(30)days prior written notice to Lender. Each insurance policy also shall include en endorsement providing that coverage in favor of Lender will not be impaired In any way by any act, omission or default Of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain end maintain Federal Flood Insurance,If available,within 45 days after notice is given by Lender that the Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-4 of 11 20171004000859.004 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 4 Property Is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program. or as otherwise required by Lender,end to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property If the estimated coat of repair or replacement exceeds$6,000.00. Lender may make proof of loss If Grantor falls to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at Lender's election, receive end retain the proceeds of any insurance end apply the proceeds to the reduction of the indebtedness, payment of any lien effecting the Property,or the restoration and repair of the Property. if Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable coat of repair or restoration if Grantor Is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shell be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid without interest to Grantor as Grantor'e interests may appear. Grantor's Report on Insurance. Upon request of Lender,however not more than once a year,Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (1) the name of the insurer; (2) the risks insured; (3I the amount of the policy; (4) the property Insured, the then current replacement value of such property,and the manner of determining that value;and (5I the expiration date of the policy. Grantor shall,upon request of Lender,have an Independent appraiser satisfectory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest In the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents,including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents,Lender on Grantor's behalf may(but shall not be obligated to)take any action that Lender deems appropriate,including but not limited to discharging or paying all taxes, liens,security interests,encumbrances and other claims,at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then beer interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All ouch expenses will become a pert of the indebtedness and, at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 11) the term of any applicable insurance policy;or (2) the remaining term of the Note:or (C) be treated es a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shell be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other then those eat forth in the Real Property description or in any title Insurance policy,title report,or final title opinion issued in favor of, and accepted by,Lender In connection with this Deed of Trust,and ib)Grantor has the full right,power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persona. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding,but Lender shell be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities. Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust,shall be continuing In nature,and shall remain in full force and effect until such time as Grantor's Indebtedness shell be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings era a part of this Deed of Trust: Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor Instrument Number:20171004000859 Document:DT Rec:885.00 Page-5 of 11 20171004000859.005 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 5 may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by Counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Assignment of Proceeds. Grantor hereby assigns to Beneficiary all right,title and Interest of Grantor in any award, settlement,sale or purchase,claim for damages(direct,Incidental or consequential)or any other proceeds due in connection with any condemnation or other taking of all or part of the Property or for conveyance in lieu of condemnation,all whether now or hereafter existing(hereinafter referred to as"Condemnation"). Application of Net Proceeds. Upon any Condemnation,Lender may at its election require that all or any portion of the net proceeds of the Condemnation be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the Condemnation shell mean the amount after payment of all reasonable costs, expenses, and attorneys'fees incurred by Trustee or Lender in connection with the Condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees end charges are a part of this Deed of Trust: Current Texos,Fees end Charges. Upon request by Lender,Grantor shall execute such documents in addition to this Deed of Trust end take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, es described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The following shell constitute taxes to which this section applies: (I) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; end (4) a specific tax on all or any portion of the Indebtedness or on payments of principal end interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shell have the seme effect as an Event of Default, and Lender may exercise any or all of its available remedies for en Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shell have ell of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Dead of Trust in the reel property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred In perfecting or continuing this security interest. Upon default,Grantor shell not remove,sever or detach the Personal Property from the Property. Upon default,Grantor shell assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three 13)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code)ore as stated on the first page of this Deed of Trust. FURTHER ASSURANCES: ATTORNEY4N-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute end deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and In such offices and places as Lender may deem appropriate,any and ell such mortgages,deeds of trust,security deeds,security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lander,be necessary or desirable In order to effectuate,complete, perfect,Documents,ttand�(2) the eliens alnd security Interests created byrths Dead of T Related as first end prior liens on the Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-6 of 11 20171004000859.006 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 6 Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all coats and expenses incurred in connection with the matters referred to In this paragraph. Attorney-in-Fact. If Grantor falls to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes,Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the indebtedness when due, and otherwise performs ell the obligations imposed upon Grantor under this Deed of Trust, Lander shall execute and deliver to Trustee a request for full reconveyance and shell execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the Personal Property. Any reconveyance fee shall be paid by Grantor,if permitted by applicable law. The grantee In any reconveyance may be described es the"person or persons legally entitled thereto",end the recitals In the reconveyance of any matters or facts shall be conclusive proof of the truthfulness of any such matters or facts. EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute en Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the indebtedness, Other Defaulter. Grantor tails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation,covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this • Deed of Trust,the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement, purchase or sates agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor',obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect. either now or at the time made or furnished or becomes felae or misleading at any time thereafter or is found not to bees represented. This includes the use of the Note proceeds for a purpose other than the purposes stated in Grantor's loan application. Defective Colleterelization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien) at any time end for any reason. Death or Insolvency. The dissolution of Grantor's {regardless of whether election to continue is made), any • member withdraws from the limited liability company,or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding,self help,repossession or any other method,by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts,with Lender. However, this Event of Default shell not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in en amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. Breech of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under,any Guaranty of the indebtedness. Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-7 of 11 20171004000859.007 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 7 Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself Insecure. Right to Cute. It any default,other than a default in payment,is curable end if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve(12)months,It may be cured if Grantor,after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within thirty(30)days;or 12) if the cure requires more than thirty(30)days,Immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance es soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. if an Event of Default occurs under this Deed of Trust,at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and en election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform,shall not effect Lender's right to declare a default and exercise Its remedies. Accelerate Indebtedness. Lender shell have the right at Its option to declare the entire Indebtedness Immediately due and payable,including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property,the Trustee shall have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shell have the right to foreclose by judicial foreclosure,In either case in accordance with end to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. • Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property end collect the Rents, including amounts past due end unpaid, and apply the net proceeds,over end above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorneydn-fact to endorse instruments received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person,by agent,or through a receiver. • Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect end preserve the Property,to operate the Property preceding or pending foreclosure or sale,and to collect the Rents from the Property end apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shell exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shell not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shell,at Lender's option,either (1) pay a reesoneble rental for the use of the Property,or (21 vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time end place of any public sale of the Personal Property or of the time after which any private sale or.other intended disposition of the Personal Property la to be made. Reasonable notice ehee mean notice given at least ten(10)days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any end all rights to have the Property marshalled. In exercising its rights end remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the tame of this Deed of Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time for the protection of its Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-8 of 11 20171004000859.008 ' Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803602 (Continued) Page 8 • interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand end shell beer interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or not there Is a lawsuit,including attorneys'fees end expenses for bankruptcy proceedings (including efforts to modify or vacate eny automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. • Grantor also will pay any court coats,In addition to all other sums provided by law. Rights of Trustee. Trustee shall have ell of the rights and duties of Lender as set forth in this section, POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee Ipurauent to Lender's instructions)are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a)join In preparing and filing a map or plat of the Real Property,including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender,or Trustee shall be a party, unless required by applicable law,or unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meat all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure,In either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by en instrument executed and acknowledged by Lender and recorded in the office of the recorder of King County,State of Washington. The Instrument shall contain,in addition to ell other matters required by state law,the names of the original Lender,Trustee,and Grantor,the book and page or the Auditor's File Number where this Deed of Trust Is recorded,end the name and address of the successor trustee, and the instrument shall be executed end acknowledged by Lender or its successors In interest. The successor trustee, without conveyance of the Property,shell succeed to all the title,power,and duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Subject to applicable law,and except for notice required or allowed by law to be given in another manner, any notice required to be given under this Deed of Trust, including without limitation any notice of default end any notice of sale shall be given In writing, end shall be effective when actually delivered, when actually received by teiefacsimiie (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United States mall,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Subject to applicable law, end except for notice required or allowed by law to be given in another manner,if there is more than one Grantor,any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Doed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing end signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shell furnish to Lender, upon request,a certified statement of net operating income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shell require. 'Net operating income° shall mean all cash receipts from the Property lase all oaeh expenditures made in connection with the operation of the Property, Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the Property at any time held by or for the benefit of Lender in any capacity,without the written consent Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-9 of 11 20171004000859.009 Record Date:10/4/2017 12:49 PM King County,,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 9 of Lender. Governing Law. Thia Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the taws of the State of Washington without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Washington. Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the Jurisdiction of the courts of Thurston County,State of Washington. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor,shell constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent Jurisdiction finds any provision of this Deed of Trust to be Illegal,invalid,or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid end enforceable. If the offending provision cannot be ao modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, Invalidity, or unenforceability of any provision of this Dead of Trust shall not effect the legality,validity or enforceability of any other provision of this Deed of Trust. Successors end Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a parson other then Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases end waives an rights and benefits of the homestead exemption laws of the State of Washington as to ell indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the singular shall include the plural, and the plural shall include the singular, as the context may require. Words end terms not otherwise defined In this Dead of Trust shell have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary, The word "Beneficiary" means Washington State Employees Credit Union, and Its successors and assigns. Borrower. The word'Borrower' means Kabe Investments LLC and Includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment end security interest provisions relating to the Personal Property and Rents. Default. The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default". Event of Default. The words'Event of Default'mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word'Grantor'means Kaba Investments LLC. Guarantor. The word 'Guarantor means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. improvements. The word "Improvements" means all existing and future improvements. buildings, structures, mobile homes affixed on the Real Property, facilities, additions,replacements and other construction on the Reel Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-10 of 11 20171004000859.010 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 10 Property. Indebtedness. The ward 'Indebtedness" means all principal, interest, and other amounts, casts and expanses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents end any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. Lender. The word"Lender"means Washington State Employees Credit Union,its successors and assigns. Note. The word "Note" means the promissory note dated September 26, 2017, in the original principal amount of $700,000.00 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is October 1, 2027. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, ell replacements of, and ell substitutions for, any of such property; and together with all issues and profits thereon end proceeds(including without limitation all Insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property'means collectively the Real Property end the Personal Property. Real Property. The words"Real Property'mean the reel property,interests and rights,as further described In this Deed of Trust. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements,security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness;provided,that guaranties and environmental indemnity agreements are not"Related Documents"and are not secured by this Deed of Trust. Rents. The word 'Rents' means ell present end future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trustee' means First American Title Insurance Company, whose mailing address is 4710 Summitview Ave,Yoklme,WA 98908 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: KABA INVEST[$ENTS LLC �/� By: // '_�f /HC/ Ws Man :pf Member of Kobe investments LLC Instrument Number:20171004000859 Document:DT Rec:$85.00 Page-11 of 11 20171004000859.011 Record Date:10/4/2017 12:49 PM King County,WA DEED OF TRUST Loan No: 170803502 (Continued) Page 11 ,J LIMITED/ / LIABILITY COMPANY ACKNOWLEDGMENT STATE OF t'v (<//i✓G/L7/" i '/• )SS COUNTY OF /S IN cl ) • f7 On this 21 day of J 1. 20 /7 ,before me,the undersigned Notary Public,personally appeared Wei-Ting Halao,Managing Member of Kobe Investments LLC,and personally known to me or proved to me on the basis of satisfactory evidence to be a member or designated agent of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the limited liability company,by authority of statute,its articles of organization or its operating agreement,for the uses and purposes therein mentioned,and on oath stated that he or she is authorized to execute this Deed of Trust and In fact ce tad the Deed of Trust on behalf of the limited liability company. ,,/ / By h !� t97 v Residing at Li/v1�h lI C)/�r 1^''6�; No ry bac In d for the State of%N A My commission expires //r t t 24 2) REQUEST FOR FULL RECONVEYANCE To: ,Trustee The undersigned Is the legal owner and holder of all indebtedness secured by this Dead of Trust. You are hereby requested,upon payment of all sums owing to you,to reconvey without warranty,to the parsons entitled thereto,the right,title and Interest now held by you under the Dead of Trust. Date: Beneficiary: By: Its: LaserPro, Ver. 15.5.10.002 Copr. D+H USA Corporation 1997, 2017. All Rights Reserved. - WA C:LASERPROICFI\LPL\GO1.FC TR-125 PR-1 Notary Public State of Washingtoe JOHNNY K.SHEU MY COMMISSION EXPIRES NOVEMBER 08,2020 20171004000860.001 Electronically Recorded Instrument Number:20171004000860 Document:ASNR Rec:S80.00 Page-1 of 7 Record Date:10/4/2017 12:49 PM King County,WA RETURN ADDRESS: Washington State Employees Credit Union Commercial Landing PO Box WSECU Olympia.WA 98507 ASSIGNMENT OF RENTS Reference#(if applicable): 170803502 Additional on page Grantor(s): 1. Kaba Investments LLC Grantee(s) 1.Washington State Employees Credit Union Legal Description: LT 1 CITY OF RENTON CENTRAL HIGHLANDS PLAZA SP 1 NO. 330-79 REC #8002269014 Additional on page— Assessor's Tax Parcel ID#: 516970 0092 THIS ASSIGNMENT OF RENTS dated September 25, 2017, Is made and executed between Kaba Investments LLC, a Washington limited liability company(referred to below as "Grantor") and Washington State Employees Credit Union, whose mailing address Is PO Box WSECU, Olympia,WA 98507 (referred to below as "Lender"). • • Recorded at the request of FIDELITY NATIONALTIILE MAJOR ACCOUNTS Older# 2c .773 12O Instrument Number:20171004000860 Document:ASNR Rec:$80.00 Page-2 of 7 20171004000860.002 Record Date:10/4/2017 12:49 PM King County,WA ASSIGNMENT OF RENTS Loan No: 170803502 (Continued) Page 2 ASSIGNMENT. For valuable consideration,Grantor hereby assigns,grants a continuing security Interest in, and conveys to Lender all of Grantor's right,title, and interest in and to the Rents from the following described Property located in King County,State of Washington: LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT 1 NO. 330-79, RECORDED FEBRUARY 26.1980 UNDER RECORDING NUMBER 8002269014, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE CITY OF RENTON, COUNTY OF KiNG,STATE OF WASHINGTON. The Property or its address is commonly known as 4637 NE Sunset Blvd., Renton, WA 98059. The Property tax identification number is 516970 0092. THIS ASSIGNMENT IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE.THIS ASSIGNMENT,AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Assignment or any Related Documents,Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform ell of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment,Grantor may remain in possession and control of and operate and manage the Property and collect the Rents,provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights,loans,liens,encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right,power end authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell,assign,encumber,or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time,and even though no default shall have occurred under this Assignment,to collect and receive the Rents. For this purpose,Lender is hereby given and granted the following rights,powers and authority: Notice to Tenants. Lender may sand notices to any and all tenants of the Property advising them of this Assignment and directing ail Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from the tenants or from any other persons liable therefor,ell of the Rents;institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property;collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the coats thereof and of all services of all employees,Including their equipment,end of all continuing costs end expenses of maintaining the Property In proper repair and condition,and also to pay all taxes,assessments end water utilities,and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Washington and also all other laws,rules,orders,ordinances and requirements of all other governmental agencies affecting the Property. Lease tho Property. Lander may rant or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name,to rent and manage the Property,including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and eolely in the place and stead of Grantor end to have all of the powers of Instrument Number:20171004000860 Document:ASNR Rec:$80.00 Page-3 of 7 20171004000860.003 Record Date:10/4/2017 12:49 PM King County,WA ASSIGNMENT OF RENTS Loan No: 170803502 (Continued) Page 3 Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things,and tiro fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs end expenses incurred by Lender in connection with the Property shall be for Grantor's account end Lender may pay such costs end expanses from the Rents. Lender,in its sole discretion,shell determine the application of any and all Rents received by It;however,any such Rents received by Lender which are not applied to such costs end expenses shall be applied to the indebtedness. All expenditures made by Lender under this Assignment end not reimbursed from the Rents shall become a pert of the Indebtedness secured by this Assignment,and shell be payable on demand,with interest at the Note rate horn data of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtednese when due end otherwise performs all the obligations imposed upon Grantor under this Assignment,the Note,and the Related Documents,Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rants and the Property. Any termination fee required by law shall be paid by Grantor,it permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor tails to comply with any provision of this Assignment or any Related Documents,Including but not limited 10 Grantor's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may(but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,encumbrances and other claims,at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest et the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the indebtedness and,at Lender's option,will (A) be payable on demand; (BI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated es a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following,at Lender's option,shall constitute en Event of Default under this Assignment: Payment Default. Grantor tails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation,covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Any guarantor or Grantor defaults under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. Environmental Default. Failure of any party to comply with or perform when due any term,obligation,covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or et the time made or furnished or becomes false or misleading et any time thereafter or is found not to be as represented. This includes the use of the Note proceeds for a purpose other than the purposes stated in Grantor's loan application. Detective Collatereltsation. This Assignment or any of the Related Documents ceases to be in full force and effect (Including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue Is made), any member withdraws from the limited liability company,or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor, Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial Instrument Number:20171004000860 Document:ASNR Rec:$80.00 Page-4 of 7 20171004000860.004 Record Date:10/4/2017 12:49 PM King County,WA ASSIGNMENT OF RENTS Loan No: 170803502 (Continued) Page 4 proceeding,self-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, Including deposit accounts, with Lender. However, this Event of Default shag not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,In an amount determined by Lander, in its sole discretion,as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost,stolen,substantially damaged,sold,or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under,any Guaranty of the Indebtedness. Adverse Change. A materiel adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the indebtedness is impaired. insecurity. Lender In good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment,Is curable and if Grantor has not been given a notice of a breach of the same provision of this Assignment within the preceding twelve(12) months,it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within thirty 130)days;or (2) if the cure requires more than thirty(30)days,immediately initiates steps which tender deems In Lender's sole discretion to be sufficient to cure the default end thereafter continues and completes all reasonable end necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Lender may exercise any one or more of the following rights end remedies,in addition to any other rights or remedies provided by law: Accelerate indebtedness. Lender shall have the right et its option without notice to Grantor to declare the entire Indebtedness immediately due and payable,including any prepayment penalty that Grantor would be required to Pay Collect Rents. Lender shell have the right, without notice to Grantor, to take possession of the Property and collect the Rents,Including amounts peat due and unpaid,end apply the net proceeds,over end above Lender's costs, against the Indebtedness. In furtherance of this right,Lender shall have all the rights provided for in the Lender's Right to Receive end Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof In the name of Grantor and to negotiate the same end collect the proceeds. Payments by tenants or other users to Lender in response to Lender'e demand shall satisfy the obligations for which the payments ere made,whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pert of the Property,with the power to protect and preserve the Property,to operate the Property preceding or pending foreclosure or sale,and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shell not disqualify a person from serving as a receiver. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment,after Grantor's failure to perform,shell not effect Lender's right to declare a default end exercise its remedies. Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment. Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of Its interest or the enforcement of its rights shell become a part of the Indebtedness payable on demand and shell beer interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses, whether or not there is a lawsuit,including attorneys' fees end expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors' Instrument Number:20171004000860 Document:ASNR Rec:$80.00 Page-5 of 7 20171004000860.005 Record Date:10/4/2017 12:49 PM King County,WA ASSIGNMENT OF RENTS Loan No: 170803502 (Continued) Page 5 reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment, together with any Related Documents,constitutes the entire understanding end agreement of the parties as to the matters set forth In this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing end eigned by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law applicable to Lender end, to the extent not preempted by federal law,the laws of the State of Washington without regard to Its conflicts of law provisions. This Assignment has been accepted by Lender In the State of Washington. Choice of Venue. If there is a lawsuit,Grantor egreea upon Lender's request to submit to the jurisdiction of the courts of Thurston County,State of Washington. Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Interpretation. (1) In all cases where there is more than one Borrower or Grantor,then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (:i) If more than one person signs this Assignment as'Grantor,`the obligations of each Grantor are joint and several. This means that If Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person,Lender need not sue Borrower first,and that Borrower need not be joined in any lawsuit. 13) The names given to paragraphs or sections In this Assignment are for convenience purposes only.They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing end signed by Lender. No delay or omission on the pert of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shell not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations se to any future transactions. Whenever the consent of Lender Is required under this Assignment, the granting of such consent by Lander In any instance shall not constitute continuing consent to subsequent instances where such consent is required end in all cases such consent may be granted or withheld In the sole discretion of Lender. Notices. Subject to applicable law, and except for notice required or allowed by law to be given In another manner, any notice required to be given under this Assignment shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Subject to applicable law, end except for notice required or allowed by law to be given in another manner,if there Is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security end may not be revoked by Grantor until such time as the same are renounced by Lender. Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. if the offending provision cannot be so modified, it shell be considered deleted from this Assignment. Unless otherwise required by law, the Illegality, invalidity, or unenforceability of any provision of this Assignment shell not affect the legality,validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's Interest,this Assignment shall be binding upon end inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Assignment end the Indebtedness by way of forbearance or Instrument Number:20171004000860 Document:ASNR Rec:S80.00 Page-6 of 7 20171004000860.006 Record Date:10/4/2017 12:49 PM King County,WA ASSIGNMENT OF RENTS Loan No: 170803602 (Continued) Page 6 extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Waive Jury. AU parties to this Assignment hereby waive the right to any Jury trial in any action,proceeding,or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights end benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT,GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON,EXCEPT JUDGMENT CREDITORS OF GRANTOR,ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shell have the following meanings when used in this Assignment. Unless specifically stated to the contrary,ell references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall Include the singular,as the context may require. Words and terms not otherwise defined in this Assignment shell have the meanings attributed to such terms in the Uniform Commercial Code: Assignment. The word"Assignment"means this ASSIGNMENT OF RENTS,as this ASSIGNMENT OF RENTS may be amended or modified from time to time,together with all exhibits end schedules attached to this ASSIGNMENT OF'RENTS from time to time. Borrower. The word"Borrower"means Kobe Investments LLC. Default. The word"Default"means the Default set forth in this Assignment In the section titled"Default". Event of Default. The words"Event of Default"mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word'Grantor'means Kobe investments LLC. Guarantor. The word "Guarantor° means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment,together with interest on such amounts as provided In this Assignment. Lender. The word"Lender"means Washington State Employees Credit Union,Its successors and assigns. Note. The word "Note" means the promissory note dated September 26, 2017, In the original principal amount of $700,000.00 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. Property. The word 'Property" means all of Grantor's right, title and interest in end to all the Property as described in the"Assignment"section of this Assignment. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing,executed In connection with the Indebtedness. Rents. The word'Rents'means all of Grantor's present and future rights,title and interest in,to and under any end all present end future leases, including, without limitation, all rents, revenue. Income, heaves, royalties, bonuses,accounts receivable,cash or security depoelts,advance rentals,profits and proceeds from the Property, end other payments and benefits derived or to be derived from such leases of every kind and nature,whether due now or later,Including without limitation Grantor's right to enforce such leases and to receive end collect payment and proceeds thereunder. Instrument Number:20171004000860 Document:ASNR Rec:S80.00 Page-7 of 7 20171004000860.007 Record Date:10/4/2017 12:49 PM King County,WA ASSIGNMENT OF RENTS Loan No: 170803502 (Continued) Page 7 THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON SEPTEMBER 25.2017. GRANTOR: KABA INVESTM LC.. By: e Wel• g Ha p amber Kobe Investments LLC LIMITED- LIABILITY COMPANY ACKNOWLEDGMENT STATE OF r•'kS N4 l V� `� ISS COUNTY OF KIa4 On this 21 day of `s I. 20 17 before me,the undersigned Notary Public,personally appeared Welling Hsfao,Managing Member of Kabe Investments LLC.and personally known to me or proved to me on the basis of satisfactory evidence to be a member or designated agent of the limited liability company that executed the ASSIGNMENT OF RENTS end acknowledged the Assignment to be the free and voluntary act and deed of the limited liability company, by authority of statute, Its articles of organization or its operating agreement,for the uses end purposes therein mentioned,and on oath stated that he or she is authorized to execute this Assignment nd fact executed the Assignment on behalf of the limited liability company. By ` Residing at 1 HAM/r40 6�10fW A tj.O.2C ZL' Note P Sc In an or the State of W R My commission expires / LeserPro, Ver. 16.5.10.002 Copr, D+H USA Corporation 1997, 2017. All Rights Reserved. - WA C:\LASERPRO\CFIILPL\G14.FC TR-125 PR-1 aa�) Notary Public State of Washington JOHNNY K.SHED MY COMMISSION EXPIRES ;A NOVEMBER 08NOVEMBER 2020 r, CHICAGO TITLE Chicago Title Company of Washington 10500 NE 8th St.,Suite 600 COMPANY OF WASHINGTON Bellevue, WA98004 NATIONAL COMMERCIAL SERVICES Phone: (425)455-4995 Buyer's Final Settlement Statement Settlement Date: July 02, 2020 Disbursement Date: July 02, 2020 Order Number: 201634-SC Escrow Officer: Paula Adams Buyer: City of Renton,a Municipal Corporation 1055 S Grady Way Renton,WA 98057 Seller: Kaba Investments, LLC 9424 Vineyard Crest Bellevue,WA 98004 Lender: Property: 4601 NE Sunset Blvd Renton, WA 98059 Buyer Debit Credit Financial Consideration Purchase Price 15,400.00 Funds deposited to close 16,732.50 City of Renton Title/Escrow Charges Escrow Fee to Chicago Title Company of Washington 742.50 Owner's Policy Premium to Chicago Title Company of Washington 330.00 Coverage: $15,400.00 Version: ALTA Owner's Policy 2006 Recording Charges Recording Fees to County Recorder 221.00 Excise Processing Fee to King County Treasurer 10.00 Subtotals 16,703.50 16,732.50 Balance Due TO Buyer 29.00 Totals 16,732.50 16,732.50 THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S) BY CHICAGO TITLE COMPANY OF WASHINGTON Chicago Title Company of Washington,Settlement Agent SAVE THIS STATEMENT FOR INCOME TAX PURPOSES Printed on 7/2/2020 3:42:46 PM 201634-SC CERTIFIED COPY Page 1 of 1 7/6/2020 Landmark Web Official Records Sear< Instrument Number: 20200702002068 Document:EAS Rec: $110.50 Page-1 of 8 Record Date:7/2/2020 3:22 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY PATRICI1 • CTI-NCS 201634-SC After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 RASE MAKE NO MARK N THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE Grantor(s): Kaba Investments,LLC ! Grantee(s): City of Renton Legal Description:LT 1 City of Renton CeWIZighlands Plaza SP 1 No.330-79 REC.#8002269014 Assessor's Tax Parcel Number:516970-0092 : Reference Number of Related Documents: N/A"? TEMPORARY CONSWCTION EASEMENT Duvall Avenue NE Project This Temporary Construction Easement (the "anstruction Easement"), is made and entered into this kt day of e ,20 W, by and between Kaba Investments,LLC., a Washington limited liability company, ("Grantor"), and the City of Renton, a municipal corporation("City"or"Grantee")s. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit"A"—Entire Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a six hundred and thirty-seven(637) square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across that portion of the Property described on Exhibit "B" (Easement "Area") and depicted on Exhibit"C",which are attached hereto and incorporated by this reference, for the purpose of Temporary Construction Easement; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void(i)twenty four(24)months after the execution of this easement or(ii) upon restoration of any existing improvements disturbed Page 1 of(7)Pages Parcel No.516970-0092 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 1/8 7/6/2020 Landmark Web Official Records Searc Instrument Number: 20200702002068 Document:EAS Rec: $110.50 Page-2 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MARE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY, TEMPORARY CONSTRUCTION EASEMENT by the Grantee within the temporary easement area,whichever is later,but in no event later than December 31,2023. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims,losses or liability,for injuries,sickness or death of persons,including employees of the Grantee,or damage to property,arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act,error,or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's acti i fies authorized by this Construction Easement, provided, however,that: (a) The Grantee's obligations tp indemnify, defend and hold harmless shall not extend to injuries, sicknd�, ath or damage caused by or resulting from the sole willful misconduct ornegligence of the Grantor;and (b) The Grantee's obligations to inWnify, defend and hold harmless for injuries, sickness,death or damage caused by9 resulting from the concurrent negligence or willful misconduct of the Grandee zd the Grantor, or of the Grantee and a third party other than an officer, agalcontractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee(including an officer,agent,cohttT actor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable,to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder,shall run with the land described herein,and shall be binding upon the parties, their successors,heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. • It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Page 2 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterial nstrumentNumber&quickSearchSelection=# 2/8 7/6/2020 Landmark Web Official Records Sear< Instrument Number: 20200702002068 Document:EAS Rec: S110.50 Page-3 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. { TEMPORARY CONSTRUCTION EASEMENT Dated: J'/7e 2 3 ,20 2-0 Grantor: Kaba Investments LLC • / s By Its inb/t !% * G'l•" 00® Accepted and Approved by: Washington State Employee Credit Union 04 B r vl,c $4 y: c ` 9, Name: �t��SW 2:a.iaa-.Cs` Title: Con i h e'1'r/.t-L I I...-elicit. P19 0 Ffi c_e_i.- Accepted and Approved City of Renton -- By L ut Its�Ji I 2-) ✓:JUrv�� 7i°�uvtivt Date Z'D Page 3 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 3/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002068 Document:EAS Rec: $110.50 Page-4 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT STATE OF WASHINGTOIt ' ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Wei-Ting Hsiao is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Managing Member of Kaba Investments LLC, to be the free and voluntary act of such party for the uses and purposes mention&I the instrument. DATED this .27 day of or ,_yet.. ,20 mod (SEAL) �� ���, c.--)- -Woe Nota ' .liar • �JA DgV'ty sited 3V, ame M NOTARY ���'s i d --...— i i Residing°/ /I�/�� :,0oPUB1-.\Go=. 'r �-'•''t;'*i •\tiry=,tom; My appointment expires /c--/?O4 .1 -9), I.,EXPIRE` -`c, 44, F S • Page 4 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 4/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002068 Document:EAS Rec: $110.50 Page-5 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN TILE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT I . STATE OF WASHINGTON ' ss. COUNTY OF KING I certify that I know or have satisfactory evidence that c-YYSrkt_ zil}gAL,A is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated thatlethey were authorized to execute the instrument and acknowledged it as the crkiPteCaMttAohN oepcez of COge,{] , to be the free and voluntary act of such par or the uses and purposes mentioned in the instrument. 40* o„- DATED this 23 day of of f=+, ,20 2-t . (SEAL) e /Oz� Notary Public r. T Y LE'k ..i A\L?:, Mi$ r '. Ii �edName ti u..a; cf,v.s,-+sr.±C.;r+,:�,ts Residing at OLYti(E'(�{ „Di.v.1;s 3fo J is}i 1 i=CZ) 1I f r:4r „�v ;;;:,av;"ur c;; i My appointment expires 7 /7--1 EXHIBIT"A" ENTIRE PARCEL • Page 5 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN TIIL•MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 5/8 7/6/2020 Landmark Web Official Records Searci Instrument Number: 20200702002068 Document:EAS Rec: $110.50 Page-6 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03,T.23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY,WA (PER STATUTORY WARRANTY DEED, RECORDED UNDER AUDITOR'S FILE NO. 20130614000711) LOT 1 OF COY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT I NO. 330-79, RECORDED FEBRUARY 26, 1980 NDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. • 004 o 1.1 0 4. 4.400, rkeiyik • bA kE; AZ" r Pam\ 468E9 /�u s�OMAI LANa,9V 3_lo-2ozo • EXHIBIT"B" TEMPORARY CONSTUCTION EASEMENT LEGAL DESCRIPTION Page 6 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN TI IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY • https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 6/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002068 Document:EAS Rec: $110.50 Page-7 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION SW 1/4 OF SEC.03,T.23 N., R.05 E.,W.M. CITY OF RENTON,KING COUNTY,WA A PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT #330-79 RECORDED UNDER AUDITOR'S FILE NUMBER 8002269014, KING COUNTY RECORDS, SAID PORTION BEING MORE PCULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT THE SO T CORNER OF SAID LOT 1; THENCE NORTH 88'36'38" 5.01 FEET ALONG THE SOUTH UNE OF SAID LOT 1 TO THE TRUE POINT OF BE ,p1Il�3; THENCE NORTH 88'36'38"WES Y 5 05 FEET CONTINUING ALONG SAID SOUTH UNE; THENCE NORTH 04'56'55" EAST .0• ET; THENCE SOUTH 88'36'38" EAST 2 ET; THENCE NORTH 04'56'55" EAST 60.7 REEJ; • THENCE NORTH 13'26'10" EAST 33.88. THENCE SOUTH 85'03'05" EAST 5.00 THE WEST RIGHT—OF—WAY LINE OF DUVALL AVENUE NORTHEAST; THENCE SOUTH 04'56'55" WEST 35.00 FEET ALON SAID RIGHT—OF—WAY UNE; THENCE NORTH 8503'05" WEST 5.00 FEET; THENCE SOUTH 04'56'55" WEST 61.98 FEET TOO TRUE POINT OF BEGINNING. CONTAINING 637 SQUARE FEET, MORE OR LESS. st /, y AA3.LL Y ss 9.AIS AN 3-0-zozo EXHIBIT"C" GRAPHIC DEPICTION Page 7 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 7/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002068 Document:EAS Rec: S110.50 Page-8 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT SW 1/4 OF SEC. 03,T.23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY,WA 1� I i I S85'03'05"E II I t i 5.00' I ij I ( APN 5169700092) i �G i J KABA INVESTMENTS LLC '.19 1 LLi 4637 NE SUNSET BLVD 98059 d'f tl d o !gel j LOT 1 I CITY OF RENTON S.P. #330-79 f (I D AFN 8002269014 z aI I ° 4 1 . . zo P 4'3 I 1 1 ''' I w øi� 1 I F}85'03'05"W ff 888'36'38'E h /Q 20.04' a ' i . __...^ N04'S6'S5'E- __ .Ir Li P.O.C. 3.01'_� N88'36'38wW . / 25.05' j 4'N 1 ,91 N88'36'38'V i N 3D' T,P.O.B. I ; fP 5.01' I I ili Parametrix TOTAL AREA 637 SQ. FT. �; ,.,-, LEGEND , • KfL�, P.O.C. POINT OF COMMENCEMENT Y.4 oY"SieZ. ^ T.P.0.B. TRUE POINT OF BEGINNING �4 �Os J/// A TEMPORARY CONS1RUC11ON EASEMENT AREA / (/x 46689 / �� EXISTING RIGHT OF WAY UNE \ � �'� `t, e I S T 8 V2-` N4Na,�/�NO ri -- -- PROPERTY LINE ( APN XXXXXXXXXXX-) KING COUNN.TAX PARCEL NUMBER 3-/0-2420 Page 8 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK 1N THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 8/8 7/6/2020 - Landmark Web Official Records Searcl Instrument Number: 20200702002067 Document:EAS Rec: $110.50 Page-1 of 8 Excise Does: 3055276 Sellino Price: $0.00 Tax Amount: $10.00 Record Date:7/2/2020 3:22 PI Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY PATRICI1 • CTI-NCS 201634-SC After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 ' SE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE Grantor(s): Kaba Investments,LLC Grantee(s): City of Renton 404 Legal Description:LT 1 City of Renton Central `hlands Plaza SP 1 No.330-79 REC.#8002269014 Assessor's Tax Parcel Number: 516970-0092 Reference Number of Related Documents: N/A RIGHT OF WAY OEMENT Duvall Avenue NE Project The Grantor(s), Kaba Investments,LLC., a Washington limited liability company, for and in consideration of$10.00 and other valuable consideration, receipt of which is hereby acknowledged,does hereby grant and convey unto the City of Renton,a municipal corporation, and its successors and assigns (the Grantee), for use by the public forever, from the property legally described on Exhibit "A" — Entire Parcel (the "Property"), attached hereto and incorporated by this reference, a permanent right of way easement,for the purposes described below,over,in, on,along,across,through,below and upon,the portion of the Property legally described on Exhibit`B",(the"Right of Way Easement")and depicted on Exhibit"C",which are attached hereto and incorporated by this reference. The Grantee and its agents,designees and/or assigns,and the public,shall have the right' at such times as deemed necessary by Grantee,to enter upon, over,under and across the Right of Way Easement to inspect, construct, reconstruct, operate, use, travel on, maintain, repair, replace and enlarge the public rights-of-way for all public purposes, including but not limited I to, motorized and non-motorized vehicular travel lane, landscaping, sidewalks, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those I utilities which provide service to Grantee or its citizens and are operated by permission of I Grantee through franchise or permit)appurtenant slopes,cuts,fills and retaining walls,together Parcel No.516970-0092 Page 1 of(7)Pages • • hops://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 1/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002067 Document:EAS Rec: S110.50 Page-2 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE:MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY RIGHT OF WAY EASEMENT with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. The Grantor,its heirs,executors,administrators,successors and assigns,hereby releases the Grantee, its agents and employees, assigns and successors from any and all liability for damage to the remaining lands,�$es�uiting from this conveyance, and construction and maintenance of the right of way, pJJded the Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after construction of the retaining wall and all subsequent alterations and repairs thdat,o restore all property to the Grantor to a neat and' presentable condition. 4% 2. Grantor shall not interfere in any m Jtner with the easement rights granted to Grantee and the public in this Right of Way Easemen C,Without limitation, Grantor shall not(1)erect' or maintain any buildings, structures,or improve mts within the Right of Way Easement; (2) disturb the lateral or subjacent support of th roadway, sidewalks, utilities and other improvements and uses of the Right of Way Easethn by Grantee, or undertake any form of: construction or other activity that may disturb or damage the roadway, sidewalks, utilities, or: other improvements or uses of the Right of Way Easement by Grantee;or(3)plant trees,shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the streets, sidewalks,or utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs,executors,administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Right of Way Easement and the rights,obligations and covenants stated in this Right of Way Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Right of Way Easement shall be recorded with the King County Recorder's Office. 5. It is understood and agreed that delivery of this Right of Way Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. Parcel No.516970-0092 Page 2 of(7)Pages PLEASE MAKE ND MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY • https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 2/8 7/6/2020 Landmark Web Official Records Searct Instrument Number: 20200702002067 Document:EAS Rec: $110.50 Page-3 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO NIARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY RIGHT OF WAY EASEMENT Dated: bto 2 0 2. 0 .70 -,----.- Grantor: Kaba javestments LLC • • By 41%;/:e • Its ziA,..44 171,1 Accepted and Approved by: Washington State Employee Credit Unionv. G.,. By: ,• Name: C 1'9Si-it- / 2.e..t_ -fitle: et-c i a_/ • Accepted and Approved City of Renton By L51DitzL !), its • Date 4t-Llit 202-0 Parcel No.516970-0092 Page 3 of(7)Pages PLEASE MAKE NO MARK IN TIME MARGIN SPACE-RESERVED FOR COUNTY RECORDERS USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection4 3/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002067 Document:EAS Rec: S110.50 Page-4 of 8 • Record Date:7/2/2020 3:22 PM King County, WA PLEASE SLAKE NO MARK:N THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT ' STATE OF WASHINTGTO ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Wei-Ting Hsiao is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the: „ Managing Member of Kaba Investments. LLC,to be the free and voluntary act of such party for the uses and purposes mentioned,ithe instrument. .r- DATED this ? 7 day of ® ,20�0 . (SEAL) 40.� ?it, _..,,,%.‘liv� P' y ublic g Co..`' P?6 9`,t�icS','f9,, -S-///la 7)eg rl t!' NOTMi' �� eta 'Name . S • '',Co pi/BU o:Z S Residing Cam' : /Grit ti• o ,j N�j i fXPI RES:� 64'•X rj �tfh OF WASH My appointment expires 7/���J • Parcel No.516970-0092 Page 4 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&qui ckSearchSelection=# 4/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002067 Document:EAS Rec: $110.50 Page-5 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT STATE OF WASHINGTO ss. COUNTY OF KING • 1 • I certify that I know or have satisfactory evidence that Cfz-STAL '-A13AL_A is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that bey were authorized to execute the instrument and acknowledged it as the CPAMEIcto iOAN CFFI cR. of WSELO , to be. the free and voluntary act of such pay for the uses and purposes mentioned in the instrument. TN DATED this 17 day of al.9tok ,20 20 . (SEAL) otary Public • -ry 1,G 1Z - Ab /-15 'P iri O Name • • Residing at 4L`(14-1 P/A My appointment expires 2/2 ¢/2-/ • • • • • • • • Parcel No.516970-0092 Page 5 of(7)Pages r. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY • https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 5/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002067 Document:EAS Rec: $110.50 Page-6 of 8 Record Date:7/2/2020 3:22 PM King County, WA • PLEASE MAKE NO MARK IN TICE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY. • • RIGHT OF WAY EASEMENT • • EXHIBIT"A" ENTIRE PARCEL EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. • CITY OF RENTON, KING COUNTY, WA • (PER STATUTORY WARRANTY DEED, RECORDED UNDER AUDITOR'S FILE NO. 20130614000711) LOT 1 OF CITY OF RENTON CENTRAL JIIGHLANDS PLAZA SHORT PLAT 1 NO. 330-79, RECORDED FEBRUARY 26, 1980 UNDFiR RtCORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. • olgS • 4k • 604, • atjA • • IsA V/I4N Vie.. • ' - ti ' E'., 46889• • N FSS�FG,f S T,6,F�5�1Q-; 4 • ':DNA L L AHO.... • • 2-/7-20 • • • • • Parcel No.516970-0092 • • • Page 6 of(7)Pages • PLEASE MAKE NO MARK IN TEE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterial nstrumentNumber&quickSearchSelection=# 6/8 7/6/2020 Landmark Web Official Records Searcl Instrument Number: 20200702002067 Document:EAS Rec: $110.50 Page-7 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE NO MARK IN ME MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT EXHIBIT"B" • • • RIGHT OF WAY LEGAL DESCRIPTION • EXHIBIT B • PERMANENT EASEMENT DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY,WA A PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NO. 330-79 • RECORDED UNDER AUDITOR'S FIj;E NUMBER 8002269014, KING COUNTY • • RECORDS, SAID PORTION BEI, 1 ORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT THE SOUTHEAST 9 ER OF SAID LOT 1; • • • THENCE NORTH 88'36'38" WEST 01 BEET ALONG THE SOUTH LINE OF SAID • LOT 1; THENCE NORTH 04'56'55" EAST 61.96% €T; • THENCE SOUTH 85'03'05" EAST 5.00 FEEITO THE WESTERLY RIGHT OF WAY LINE OF DUVALL AVENUE NORTHEAST; ‘6 THENCE ALONG SAID WESTERLY RIGHT OFAY LINE SOUTH 04'56'55" WEST 61.67 FEET TO THE TRUE POINT OF BEGIAI • CONTAINING 309 SQUARE FEET, MORE OR LES • • • • • • • • • �, p41Y.i5•yj ; }i/C, rn r. •;,C•ss. r a r4. PA'A Z-/2-Zo • • • • Parcel No.516970-0092 Page 7 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY r. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriterialnstrumentNumber&quickSearchSelection=# 7/8 7/6/2020 Landmark Web Official Records Searcl , Instrument Number: 20200702002067 Document:EAS Rec: $110.50 Page-8 of 8 Record Date:7/2/2020 3:22 PM King County, WA PLEASE MAKE:NO:MARX IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY - --- ! ! RIGHT OF WAY EASEMENT EXHIBIT"C" GRAPHIC DEPICTION i EXHIBIT C PERMANENT EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY, WA I 180.12 i 1 N,IS5 1 : i r11----- — N 1 -- ---s:01,, r,---- 1 • :., ,. , . Lu • , , ( APN 5169700092 ) , > i KABA INVESTMENTS LLC 1i 4637 NE SUNSET BLVD 98059• : I, < sest 0'1 'I i „nn ' I 't4.6'o'—\ P - a--' ;LOT 1 ... 1 y: • • CITY OF RENTON S.P. #330-79 L !G.1;, AFN 8002269014 I .: ?:; .--L T.P.0 B : N88•36.38w Til • if 1 A 5.0,- i p TOTAL AREA •0 N 50! 309 SQ. FT. -1.=50 Parametrix LEGEND ::•ic''''—'"'•'" 2:=::-.,-y,,,,,7--L,,,,,:•1,4,, 12 , -".sit. Kt••‘:;••. :•:, • T.P.O.B. TRUE POINT OF BEGINNING itA;v1".!•1.-> 1,1 A . .,;-•;,..i. .1.4.,',..‘ i. 1,2%;•"-">2.22;22%.%%4':.:<-%2:.:4-;-'21 PERMANENT EASEMENT AREA — — —----- EXISTING RIGHT OF WAY LINE 0 ; i •-' : . • PROPOSED PERMANENT EASEMENT LINE 7„;', 44-4.?,...c. ... i 4i1 • . ?s,..c.• -e, - - CENTERLJNE : PROPERTY LINE !i i —--—--—--— --- ,,,e; IL `:' ?...±,A E. 0.?.. • i ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER ..,. I 2-IZ-2.0 Parcel No.516970-0092 Page 8 of(7)Pages PLEASE MAKE NO MARK TN THE MARGIN SPACE.RESERVED FOR cowry RECORDER'S CSE ONLY https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriainstrumentNumber&quickSearchSelection=# 8/8 6/19/2020 Landmark Web Official Records Searc Instrument Number:20200617001310 Document:WD Rec:S107.50 Page-1 of 5 Excise Does:3052031 Selling Price:S0.00 Tax Amount:S10.00 Record Date:6/17/2020 11:11 AM Electronically Recorded King County,WA After Recording,Return to: City of Renton City Clerk's Office 1055 S.Grady Way • Renton,WA 98057 WARRANTY DEED n Grantors: RandaleAng Beu Chun and Eva Tokie Chun, Trustees of the Chun fat ily Living Trust Grantee: City of Reaf a a municipal corporation of the State of Washington Abbreviated Legal Description: Lot 4,City of aennon S.P.#330-79, 8002269014 Additional Legal(s) Exhibit A and B,"attached hereto and made partof lictP Assessor's Tax Parcel ID#: 516970-0095-07 Duvall Ave NE Project THE GRANTORS, Randall King Beu Chun and Eva Tokie Chun, Trustees of the Chun Family Living Trust, under trust agreement dated March 4, 1994,for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey and warrant to the City of Renton,a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described and attached hereto as Exhibit A and illustrated and attached hereto as Exhibit B, situated in City of Renton, in King County, Washington,under the imminent threat of the Grantee's exercise of its right of Eminent Domain. Also,the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No.516970-0095-07,the lien of all unpaid taxes,if any,affecting the real estate herein conveyed,as provided by RCW 84.60.070 ,{ DATED this ...icy day of l""r ,2020. I Parcel No. 516970-0095-07 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/5 6/19/2020 Landmark Web Official Records Searc Instrument Number:20200617001310 Document:WD Rec:$107.50 Page-2 of 5 Record Date:6/17/2020 11:11 AM King County,WA GRANTOR(S): Randall King Ben and Eva Tokie Chun,Trustees of the Chun Family Living Trust By S41vJ4L Randall King Beau C un Its !a 1,t.sfiet, 4/i•Vjt4eZ/ CL4A--/ By Eva Tokie Chun lts ?j.cepted and Approved '"City of Renton Its Maibpsxtatior(Director_____ Date May 30,2020 2 Parcel No. 5 1 6970-0095-07 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/5 6/19/2020 Landmark Web Official Records Searc Instrument Number:20200617001310 Document:WD Rec:$107.50 Page-3 of 5 Record Date:6/17/2020 11:11 AM King County,WA STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me Randall King Beu Chun and Eva Tokie Chun, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. DATED this day of 20 O. d4 �1JA D,�7 80 NOTARY. _ ._ ca o, '°tIBLIG,z4 "Printed N e it 42, 9� I�q 4mt,,s,ti ,�0 Residir� a //` _ r ee �a�/AS1c0:4 My appoitZt expires1,1120,43__ 3 Parcel No. 516970-0095-07 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 3/5 6/19/2020 Landmark Web Official Records Searc Instrument Number:20200617001310 Document:WD Rec:$107.50 Page-4 of 5 Record Date:6/17/2020 11:11 AM King County,WA EXHIBIT rA RIGHT OF WAY ACQUISITION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY, WA A PORTION OF LOT 4 OF CITY OF RENTON SHORT PLAT #330-79 RECORDED UNDER AUDITOR'S FILE NUMBER 8002269014, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOVH ST CORNER OF SAID LOT 4; THENCE SOUTH O1'19°44" WSI 77.55 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF DUVAbI VENUE NORTHEAST TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAI 1 STERLY RIGHT OF WAY LINE SOUTH 01'19'44" WEST 7.73 FEETCIA POINT ON A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 2 AFD ET; THENCE SOUTHERLY ALONG SAID CUR SAID WESTERLY RIGHT OF WAY LINE AN ARC LENGTH OF 39.27 FEET ROUGH A CENTRAL ANGLE OF 90'OO'37"; THENCE NORTH 38'43°25" EAST 41.18 FEETFEET 49 THE TRUE POINT OF BEGINNING. CONTAINING 275 SQUARE FEET, MORE OR LESS. e N xs , /} Y • f 7i, ' 46889 a° 9 S '�ss10NALLoNQs��� q/J//l`I • 4 Parcel No. 516970-0095-07 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 4/5 6/19/2020 Landmark Web Official Records Sear( Instrument Number:20200617001310 Document:WD Rec:$107.50 Page-5 of 5 . Record Date:6/17/2020 11:11 AM King County,WA T EXHIBIT B RIGHT OF WAY ACQUISITION SW 1/4 OF SEC. 03,T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA P.O.C. �1 lU Z I APN 5169€10.0095 # W CHUN, RANDALL KING#U & EVA T i d 4628 NE 12TH S99 1 I .7. ...1 I LOT 4 �, in CITY OF RENTON S.P. #330-0 1 AFN 8002269014 i T.P,O.B. I .� / I SO1.19'44W I � 7.73' 13/7 I r A=90'00'37' _ -- / R=25.OD'=39.27' ' A 1 " TOTAL AREA 0 (-i g 1".30' 275 SO, FT. Pairarsetrim LEGEND P.O.C. POINT OF COMMENCD ENT r0 M:- E'4 T.P.0.B. TRUE POINT OF BEGINNING ,%2 .' �a�,ia • V.Z7ZZ/�7777.2ZZ/��� 1 RIGHT OF WAY ACQUISITION AREA • — - EXISTING RIGHT OF WAY L84E PROPOSED RIGHT OF WAY LINE 46889 �°p —- - CENTERLINE 5,9\ISTe. 54=7 �NI. LANo C APN XXXXXXXXXXX ' KING COUNTY TAX PARCEL NUMBER 9 j//f/1 5 Parcel No. 516970-0095-07 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 5/5 '. • Group Northwest Acquisition and Relocation Services Transmittal Memo To: Flora Lee,Project Manager,City of Renton CC: Cindy Clark,P.E.Parametrix From: Sonja Davis RES Group NW Date: May 29.2020 Project: Duvall Avenue NE Parcel No.: 16 Owner: Kaba Investment,LLC Ms. Lee, Enclosed in this transmittal are the following documents: 1. Offer Letter dated 3/30/20(Certified Mail/Signed return receipt) 2. Purchase and Sale(signed 5/27/20) 3. ROW Easement(signed 5/27/20) 4. Real Estate Excise Tax Affidavit 5. Temporary Construction Easement(signed 5/27/20) 6. Real Property Voucher 7. W-9 8. Vendor form 9. Negotiator's Diary and supporting documents(signed 5/29/20) 10. AOS 1 (signed by the City 11/8/19) ** This file is to be transmitted to Chicago Title and Escrow. I will follow up with them via email so they can send you an estimated settlement statement which should include acquisition,fees and charges with instruction. Sincerely, Son . ?.vis, A/RAC RES Group NW 1913 6th Street Kirkland, WA 98033 ' U.S. Postal Service"" CERTIFIED MAIL° RECEIPT ti- N Domestic Mail Only .0 1- For delivery information,visit our website at www.usps.com"`. BELL EVUE7 WA "93004 S Certified Mail Fee 0238 nJ $J.55 o $ 1 r - 09 Extra Services&Fees(check box,add lee a �fdytate) 0 Return Receipt(hardcopy) $ ( ..1f 0 ❑Return Receipt(electronic) $ $0_00 •rD{tmark i ❑Certified Mall Restricted Delivery $ $0.00 9- klere • Q ❑Adult Signature Required $ $0.n0 --1 KIRKLAND a ❑Adult Signature Restricted Delivery$ C-) 721 4TH AVE Lo Postage O $2.20 KIRKLAND, WA 98033-9998 ru Total Postage and Feel; fl4ii�7/2ti2tl 544144-0238 n+5�1 (800)275-8777 $ Q- Sent To 04/07/2020 02:43 PM '� 'iirt 4A S 1�0 - o ' t. o ._ StreetandA410_14, ct c �f���1{ rh`^oxtY/ 4. __- -City,State,Zl +,d Y w 60 Product - �j Qty Unit Price PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Price First-Class Mail® 1 $2.20 $2.20 Large Envelope (Domestic) (BELLEVUE, WA 98004) -- (Weight:0 Lb 6.80 0z) -a N 1 ■ ■ ■ m (Estimated Delivery Date) m , o v o = o z (Thursday 04/09/2020) Certified 3 Co z c�i, �� -� 9 Q D 33 o m m (USPS Certified Mail #) $3.55 _ �o cc Cc) a (70192280000002447679) co `� a a) _memCb N 3 F a -"o m -t " n Return Receipt $2.85 . ru o _ L .C 8 °i w (USPS Return Receipt #) = al iv ry = H °- ; c N v (9590940253609189698802) `` a' a u, — _ ° N - C p7 m j O N (.J _ . 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You may also visit www.usps.com - s a _ USPS Tracking or call 1-800-222-1811. _ ^ \ `� < fn EA ',1-_) mNi .2 m a`° 2 N -1. 2 I �B O , P ‘ rri :�3�a)CD fJ x odgag a . ❑ ❑ - Fell El ❑ = 3 F� p ° ao m t t 70 a N a g N N. m ' . _ m z y ® N N GAT Y O,c Armondo Pavone + Mayor 'PENT%./ Public Works Department OFFER LETTER March 20, 2020 Kaba Investments, LLC Attn: Wei-Ting Hsiao 9424 Vineyard Crest Bellevue, WA 98004 RE: Project Name: Duvall Avenue NE Tax Parcel No: 516970-0092 Dear Mr. Hsiao: As you likely are aware,the City of Renton is proceeding with the Duvall Avenue NE Project. As part of the project,the City needs to purchase a part of the property and/or certain property rights related to the property located at 4637 NE Sunset Blvd, Renton and identified as King County Assessor's tax parcel number 516970-0092.A copy of the map or"Right of Way Plan" is attached. By law the City must pay for the property and/or property rights acquired, unless it is donated to the City.The purpose of this letter to explain to you the basis for the City's offer in order to reach an agreement with you regarding the purchase of the property needed for this project. In those cases where property rights being acquired involve a payment greater than $10,000 and less than $25,000, the City administratively establishes the amount offered. This administrative offer is based on market research performed by a person having sufficient understanding of the local real estate market. You have the right to request the City appraise your property any time prior to accepting the offer. An administrative offer of$15,400.00 is being made for your property or property rights. This offer consists of: • $9,270.00 for 309 SF of land in Right of Way Easement • $6,115.20 for 637 SF of land in Temporary Construction Easement The basis for this offer is contained in the attached report. Payment for the property and/or property rights will be made available to you approximately 30 to 45 days after you accept the City's offer,provided that there are no delays in closing the transaction. 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov Kaba Investments, LLC Page 2 of 2 March 20,2020 You may wish to employ a professional appraiser or realtor to evaluate the City's offer. If you do so,we suggest that you employ a well-qualified evaluator so that the evaluation report will be useful to you in deciding whether to accept the City's offer.The City will reimburse up to$750.00 of your evaluation costs upon submission of the bills or paid receipts. Please understand that every effort will be made to come to an agreement regarding this offer. However, if mutual agreement cannot eventually be reached through a voluntary negotiation,the City acting in the public interest,may use its right of eminent domain to acquire the property rights for the public use. In conformity with the Washington State Constitution and laws,the City's legal counsel will file a condemnation suit to obtain a"Court Order of Public Use and Necessity,and a trial will be held to determine the just compensation to be paid for the property and property rights acquired. This action is taken to ensure your rights as an individual property owner and the rights of all City of Renton's taxpayers are equally protected. If there is any personal property presently located on the property being acquired by the City that will need to be moved, however the City will reimburse the owner for the cost of moving it through the Relocation Assistance program. We have attempted by this letter to provide a concise statement of our offer.We hope the information will assist you in reaching a decision. Please feel free to direct any questions you may have to the City's representative from RES Group Northwest,Sonja Davis(425)577-2184.We look forward to working with you and we would appreciate a response to this offer at your earliest convenience. Sincerely, TRANSPORTATION SYSTEMS DI JSION ' Jim Seitz Director Receipt of this letter is hereby acknowledged. I understand that this acknowledgement does not signify acceptance or rejection of this offer. Date: Signature Enclosure: Administrative Offer Report 01.Y4 • , . 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov Qc r,T o�' Op Group Northwest Acquisition and Relocation Services March 27, 2020 Kaba Investments,LLC Attn: Wei-Ting Hsiao 9424 Vineyard Crest Bellevue, WA 98004 RE: City of Renton Project Name: Duvall Avenue NE Tax Parcel No: 516970-0095-07 Dear Mr. Hsiao: The City of Renton is proceeding with the Duvall Avenue NE Project. As Part of the project,the City needs to obtain a Permanent Right of Way Easement and Temporary Construction Easement(TCE) from your property with compensation, located at 4637 NE Sunset Blvd, Renton. Please contact me, Sonja Davis at(425) 577-2184 at your earliest convenience so I can present to you the City's offer. Since Sonja Davis Senior Acquisition Agent sonja@resgnw.com 425-577-2184 1913 6th Street,Kirkland,WA 98033-624 S Lander Street#202,Seattle,WA 98134- ■ ph.206-457-5681 ■ www.resgnw.com REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement ("Agreement") is made as of the date this instrument is fully executed by and between Kaba Investments, LLC, ("Seller"), and the City of Renton, a municipal corporation ("Buyer" or "City"), for purchase and sale of a permanent right of way easement and a temporary construction easement over a portion of that certain real property situated in King County, Washington, legally described on Exhibit "A", attached hereto (the "Property"). The permanent right of way easement consists of 309 square feet and is legally described on Exhibit`B", attached hereto (the "Easement"). The temporary construction easement consists of 637 square feet and is depicted on Exhibit"C", attached hereto (the "TCE"). Collectively, the portions of the Property encumbered by the Easement and the TCE are referred to as the"Easement Areas." 1. PURCHASE PRICE: The total purchase price for the easements is Fifteen thousand four hundred and No/100 Dollars ($15,400.00) ("Purchase Price"). The Purchase Price consists of the Easement valued at$9,270.00 and the TCE valued at$6,115.20. The Purchase Price is payable at closing in cash. 2. CONVEYANCE OF TITLE: 2.1 Easements: At closing, Seller will execute and deliver,in a form acceptable to Buyer,the Easement, conveying and warranting good and marketable title to the Easement free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those defects and/or encumbrances (if any) identified on Exhibit"D" attached hereto (collectively, "Permitted Exceptions"). Additionally, the Seller will execute and deliver to Buyer a temporary construction easement for a period of twenty-four (24) months commencing forty-eight (48) hours after City of Renton and/or its contractors provide written notification to Seller of its intent to commence construction. 2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) an owner's Standard ALTA policy of title insurance, dated as of the closing date and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Easement subject only to the printed exclusions appearing in the policy form and any Permitted Exceptions. 3. CONTINGENCIES: 3.1 This Agreement is subject to the following contingencies: A. None B. _None 3.2 Removal of Contingencies: Buyer shall have a period of 60 days from the date all parties have signed this Agreement to remove all contingencies. Buyer may remove such contingencies by sending written notice thereof to Seller pursuant to Paragraph 7 herein. If the contingencies are not removed within this period, this Agreement shall be null and void. Parcel No. 516970-0092 Page 1 of 10 4. RISK OF LOSS: Seller will bear the risk of loss of or damage to the Easement Areas prior to closing. In the event of such loss or damage to the Easement Areas, Seller shall promptly notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving notice of termination to the Seller. 5. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller represents, warrants, and covenants to the Buyer at the date of execution of this Agreement and the date of closing that: 5.1 Authority: Seller, and the person(s) signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations, and if Seller is a corporation, all necessary corporate action to authorize this transaction has been taken. 5.2 Leases: The Easement Areas are subject to a lease between NA and NA- , recorded , and any unrecorded leaseholds, rights of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. 5.3 No Material Defect: Seller is unaware of any material defect in the Property. To the best of Seller's knowledge, the information regarding the Property as provided by Seller is complete, accurate,true and correct and does not fail to state any fact without which such information would be misleading. 5.4 Debris and Personal Property: Seller will remove all debris and personal property,prior to each closing, located on the Easement Areas (if any) at Seller's cost and expense, and Seller will indemnify and hold Buyer harmless from all claims and expenses arising from such removal. 5.5 Contamination: Seller represents and warrants that he/she/it has not caused or allowed the generation,treatment, storage, or disposal of hazardous substances on the property, nor caused or allowed the release of any hazardous substance onto, at, or near the Easement. Seller is in compliance with all applicable laws, rules, and regulations regarding the handling of hazardous substances,has secured all necessary permits, licenses and approvals necessary to its operation on the Easement Areas, and is in compliance with such permits. Seller has not received notice of any proceedings, claims, or lawsuits arising out of its operations on the Easement Areas and, to the Seller's knowledge, the property is not, nor has it ever been subject to the release of hazardous substances. 5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and hold Buyer harmless from all such claims for commission and/or fees. 5.7 Indemnification: Seller agrees to indemnify, defend and hold harmless Buyer, its employees,agents,heirs and assigns,from and against any and all damage, claim,liability, or loss, including reasonable attorney's and other fees,arising out of or in any way connected to the breach of any representation or warranty contained herein. Such duty of indemnification shall include, Parcel No.516970-0092 Page 2 of 10 but not be limited to damage, liability, or loss pursuant to all federal environmental laws, Washington State environmental laws, strict liability and common law. 5.8 Ownership; Non-Foreign Status: Seller owns the Property and has the right to sell the Property, and is not a foreign person as defined by the Foreign Investment in Real Property Tax Act,IRS Section 1445(b)(2) ("FIRPTA"), as amended. 6. CLOSING: 6.1 Time for Closing and Closing Agent: The sale will be closed in the office of the Closing Agent not later than twenty-one (21) days from the date all contingencies set forth in Paragraph 3 herein have been removed, or as soon thereafter as practicable. Buyer and Seller shall deposit in escrow with the Closing Agent all instruments, documents and moneys necessary to complete the sale in accordance with this Agreement. As used in this Agreement, "closing" and "date of closing" means the date on which all appropriate documents are recorded and proceeds of the sale are available for disbursement-to Seller. The Closing Agent shall be: Chicago Title Insurance Company 701 5th Ave, Suite 2700 Seattle, WA 98104 6.2 Prorations: Closing Costs: Seller will pay real property taxes prorated through the date of closing. Buyer will pay the premium for its owner's title insurance policy,the cost of recording the Easement, Wall Easement and TCE from the Seller, real estate excise taxes (if any are due) and the Closing Agent's escrow fees. 6.3 Possession: Buyer shall be entitled to possession of the Easement and TCE at Closing. 6.4 Closing Obligations of Buyer: On or before Closing the Buyer shall deliver to the Closing Agent the following: 6.4.1 All funds required to be paid by Buyer under this Agreement, in cash. 6.4.2 A Closing Statement in form and content reasonably satisfactory to the parties. 6.4.3 A Real Estate Excise Tax Affidavit executed by the Buyer in the form required by law. 6.4.4 Any other documents necessary to effect the transaction contemplated in this Agreement. 6.5 Closing Obligations of Seller: At Closing, Seller shall deliver to Escrow Agent the following duly executed and acknowledged documents (where appropriate): Parcel No. 516970-0092 Page 3 of 10 6.5.1 The Easement, Wall Easement, and TCE required under Paragraph 2.1 of this Agreement. 6.5.2 A Closing Statement in form and content reasonably satisfactory to the parties. 6.5.3 A FIRPTA certification. 6.5.4 A Real Estate Excise Tax Affidavit executed by Seller in the form required by law. 6.5.5 Any other documents necessary to effect the transaction contemplated in this Agreement. 7. NOTICES: All notices, demands, consents, approvals and other communications which are required or desired to be given by either party to the other under this Agreement shall be in writing and shall be hand delivered or sent by United States regular mail, postage prepaid, return receipt requested, or by email transmission, addressed to the appropriate party at its address set forth below,or at such other address as such party shall have last designated by notice to the other. Notices, demands, consents, approvals, and other communications shall be deemed given when delivered, or three days after mailing, or on the day that an email transmission is received, to or at the following addresses: TO SELLER: TO BUYER: Kaba Investments, LLC City of Renton Attn: Wei-Ting Hsiao Public Works Department 9424 Vineyard Crest Attn: Flora Lee Bellevue, WA 98004 1055 South Grady Way Telephone: (425)269-0336 Renton, WA 98057 Email: rrba/hvestnJ7 @o&ttloof: Telephone: (425) 430-4303 cool Email: FLee@Rentonwa.gov 8. GENERAL: This is the entire agreement of the Buyer and Seller with respect to the Easement and supersedes all prior or contemporaneous agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement is for the benefit of, and binding upon, Buyer and Seller and their heirs, personal representatives, successors and assigns. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this Agreement. This Agreement may be executed in one or more counterparts, each of which will be considered an original instrument and all of which together will be considered the same agreement. 9. WASTE; ALTERATION OF EASEMENT: Seller shall not commit waste on the Easement Areas,nor shall Seller remove trees or other vegetation, coal,minerals or other valuable materials nor shall Seller substantially alter the surface or subsurface of the Easement Areas without the express written consent of Buyer. Parcel No. 516970-0092 Page 4 of 10 10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties shall not merge in the deed of conveyance, but shall survive closing. 11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or before 12. EFFECTIVE DATE: The Effective Date is the date of the last Parties' signature below. Signed in duplicate original. BUYER: City of Renton, a Municipal Corporation By: Its Date SELLER: Kaba Investments, LLC By: Its /fialgeflifia-- Date 670, EXHIBITS: Exhibit A, Property Legal Description Exhibit B, Right of Way Easement Legal Description Exhibit C, Temporary Construction Easement Depiction Exhibit D, Permitted Exceptions Parcel No. 516970-0092 Page 5 of 10 STATE OF WASHINGTON' ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Wei-Ting Hsiao is the person who appeared before me,and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Managing Member of Kaba Investments,LLC,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this ? 7 day of /Vag 20 016. (SEAL) ublic ''�������`` ‘,‘,)11t q j t, �3269s h� � ►I� S7li)l.,Gi Davis NOT�Y '••,� � Printed N e N%��w PUBLIC Z% Residing at �,/�� a1 9 It;OPIRESI�� •t�� ►►►► pF,WASN�C 's My appointment expires /;/� /?3 Parcel No.516970-0092 Page 6 of 10 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA (PER STATUTORY WARRANTY DEED, RECORDED UNDER AUDITOR'S FILE NO. 20130614000711) LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT I NO. 330-79, RECORDED FEBRUARY 26, 1980 UNDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. 11. �P¢�O o ea• R��o,� t!II r. ry 51 A. $0, R 46889 0 6ss/HALSLAN�SJ¢, Parcel No.516970-0092 Page 7 of 10 EXHIBIT `B" RIGHT OF WAY EASEMENT LEGAL DESCRIPTION EXHIBIT B PERMANENT EASEMENT DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA A PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NO. 330-79 RECORDED UNDER AUDITOR'S FILE NUMBER 8002269014, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 88'36'38" WEST 5.01 FEET ALONG THE SOUTH UNE OF SAID LOT 1; THENCE NORTH 04'56'55" EAST 61.98 FEET; THENCE SOUTH 85'03'05" EAST 5.00 FEET TO THE WESTERLY RIGHT OF WAY UNE OF DUVALL AVENUE NORTHEAST; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 04'56'55" WEST • 61.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 309 SQUARE FEET, MORE OR LESS. M' KFM s Po „ 46889 (Lei <ss/NAS e,eJ L LA Z-12-Zo • Parcel No. 516970-0092 Page 8 of 10 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT DEPICTION . EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA - I S85'03'05"E 5.00' ( APN 5169700092) I Z KABA INVESTMENTS LLC z k I o I w 4637 NE SUNSET BLVD 98059 ,M,Id o I > I p,,,,p ; LOT 1 ��, a CITY OF RENTON S.P. #330-79 � � M AFN 8002269014 Ill1 8 I 0 zo V N85'03'05"W' �I � 5.00' R i S88'36'38"E ,/ o ' 20.04' z / N I N04'56'55"E -'� 3.01' P.O.C. i -------- N88'36'38"W 11 01 25.05' T.P.O. N88'36'38"W 0 Ark 30' I 5.01' I1 30' Parametrix TOTAL AREA 637 SQ. FT. ,,,,, LEGEND ,,, ., o« P.O.C. POINT OF COMMENCEMENT e F,O o.wA,AEM'vi� c T.P.0.8. TRUE POINT OF BEGINNING r �� >'; °ti , / ///�////�/////� EASEMENT IN STRUCTION — — EXISTING RIGHT OF WAY UNE Pg�, 4688ya jo - - CENTERIINEFssOOCISTt NAL LAND 9 —-- --—--—--— PROPERTY UNE ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER 3' 0-7,02.0 Parcel No. 516970-0092 Page 9 of 10 EXHIBIT "D" PERMITTED EXCEPTIONS/TITLE REPORT 1. Subject to: Covenants, conditions,restriction,reservations, easements or other servitudes. If any, disclosed by the recorded Plat of Joseph P. Marshall Tracts: recording no. 3250442. 2. Subject to: May Creek Flood Control Zone District, flood control works under the recording no.5943056, First Amendment under recording no. 8104290507 and Second Amendment under recording no. 9604300819. 3. Subject to: City of Renton Storm Sewer Easement under the recording no. 7711160658 4. Subject to: Underground transmission and/or distribution system for Puget Sound Power& Light Company under the recording no. 7903060809 5. Subject to: Covenants, conditions, restriction, recitals, reservations, easement, easement provisions, dedications, if any, and disclosed and set forth on Central Highlands Plaza Short Plat 1: under the recording no. 8002269014 6. Subject to: Covenants, conditions, restriction, recitals, reservations, easement, easement provisions, dedications, if any, and disclosed and set forth on Central Highlands Plasa Binding Site Plan: under the recording no. 8805200326,Amendment under the recording no.9604290131, and Amendment of said site plan under the recording no. 9605081004. 7. Subject to: Assignment of Rents and Leases 8. Subject to: Any unrecorded leaseholds,right of vendors and holder's security. 9. Subject to: Deed of Trust in the amount of$700,000.00, Trustee First American Title Insurance Company, Beneficiary, Washington State Employee Credit Union under the recording no. 20171004000859. Lender will need to sign the easement. 10. Subject to: Assignment of Rents and Leases, assignee, Washington State Employees Credit Union under recording no. 20171004000860. Lender will need to sign the easement. Parcel No.516970-0092 Page 10 of 10 After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE Grantor(s): Kaba Investments,LLC Grantee(s): City of Renton Legal Description: LT 1 City of Renton Central Highlands Plaza SP 1 No.330-79 REC.#8002269014 Assessor's Tax Parcel Number: 516970-0092 Reference Number of Related Documents: N/A RIGHT OF WAY EASEMENT Duvall Avenue NE Project The Grantor(s), Kaba Investments, LLC., a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged,does hereby grant and convey unto the City of Renton,a municipal corporation, and its successors and assigns (the Grantee), for use by the public forever, from the property legally described on Exhibit "A" — Entire Parcel (the "Property"), attached hereto and incorporated by this reference, a permanent right of way easement, for the purposes described below, over, in, on, along, across, through, below and upon,the portion of the Property legally described on Exhibit"B", (the "Right of Way Easement") and depicted on Exhibit"C", which are attached hereto and incorporated by this reference. The Grantee and its agents,designees and/or assigns,and the public,shall have the right at such times as deemed necessary by Grantee,to enter upon, over, under and across the Right of Way Easement to inspect, construct, reconstruct, operate, use, travel on, maintain, repair, replace and enlarge the public rights-of-way for all public purposes, including but not limited to, motorized and non-motorized vehicular travel lane, landscaping, sidewalks, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit)appurtenant slopes,cuts,fills and retaining walls,together Parcel No.516970-0092 Page 1 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. The Grantor,its heirs,executors,administrators,successors and assigns,hereby releases the Grantee, its agents and employees, assigns and successors from any and all liability for damage to the remaining lands resulting from this conveyance, and construction and maintenance of the right of way, provided the Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after construction of the retaining wall and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Right of Way Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Right of Way Easement; (2) disturb the lateral or subjacent support of the roadway, sidewalks, utilities and other improvements and uses of the Right of Way Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the roadway, sidewalks, utilities, or other improvements or uses of the Right of Way Easement by Grantee;or(3)plant trees,shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the streets, sidewalks, or utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Right of Way Easement and the rights, obligations and covenants stated in this Right of Way Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Right of Way Easement shall be recorded with the King County Recorder's Office. 5. It is understood and agreed that delivery of this Right of Way Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. Parcel No. 516970-0092 L Page 2 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT Dated: 5/02 , 20 Grantor: Kaba Ines ment LLC By r Its Ad/nryAnber- Accepted and Approved City of Renton By Its Date Parcel No. 516970-0092 Page 3 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT STATE OF WASHINGTO ss. COUNTY OF KING • I certify that I know or have satisfactory evidence that Wei-Ting Hsiao is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Managing Member of Kaba Investments, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 7 day of Man , 2� (SEAL) I of ublic NOTARY Printed Name iN°1 o PUBLICti , Residing at �r/IIV 9�'�i-01RES , ,`O tiF kOWAS�� —' . My appointment expires e Parcel No. 516970-0092 Page 4 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT EXHIBIT "A" ENTIRE PARCEL A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA (PER STATUTORY WARRANTY DEED, RECORDED UNDER AUDITOR'S FILE NO. 20130614000711) LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT 1 NO. 330-79, RECORDED FEBRUARY 26, 1980 UNDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. • O . KFM 5 • h 71 f. PoAs • 46889 A9� °NAL LANDS 2-I2-Z6 Parcel No.516970-0092 Page 5 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT --- - -- i EXHIBIT "B" RIGHT OF WAY LEGAL DESCRIPTION EXHIBIT B PERMANENT EASEMENT DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA A PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NO. 330-79 RECORDED UNDER AUDITOR'S FILE NUMBER 8002269014, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 88'36'38" WEST 5.01 FEET ALONG THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 04'56'55" EAST 61.98 FEET; THENCE SOUTH 85'03'05" EAST 5.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF DUVALL AVENUE NORTHEAST; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 04'56'55" WEST 61.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 309 SQUARE FEET, MORE OR LESS. / J�i-e4�OF VY63gJ40 /> i Ql Po,�� �846889 -a�� ss� OISTSO'SJR DNA L L ANC 2-I -Zo I i Parcel No.516970-0092 Page 6 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. RIGHT OF WAY EASEMENT ---- i 1 EXHIBIT "C" GRAPHIC DEPICTION EXHIBIT C PERMANENT EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA ,. I SVNsel t3 ii \ 1 i i w 1 I( APN 5169700092 ) W IKABA INVESTMENTS LLC Q 1 4637 NE SUNSET BLVD 98059 Q IS85'03'05'E f I LOT 1 5.00' 0 I " I CITY OF RENTON S.P. #330-79 i AFN 8002269014 q, t 1 CO T & I o� I T.P.O.B. - - - - - Lam/ N88'36'38`W 5.01' A TOTAL AREA N 0 N 50' 309 SQ. FT. �� 1"=50' Parametrix LEGEND T.P.0.B. TRUE POINT OF BEGINNING ,,c) /Q-4,/,, y V 4 PERMANENT EASEMENT AREA 1 .4* . °1,ys.�' — — EXISTING RIGHT OF WAY LINE a =t 1 PROPOSED PERMANENT EASEMENT LINE :,1(-, l _ �it - - CENTERLINE ' \ 46889 m t. — PROPERTY UNE .1 P�Fss�E z ST E4��,\Q- ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER 'y ��NAL LAND S 2-lZ-ZO Parcel No. 516970-0092 Page 7 of(7)Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE Grantor(s): Kaba Investments,LLC Grantee(s): City of Renton Legal Description: LT 1 City of Renton Central Highlands Plaza SP 1 No.330-79 REC.#8002269014 Assessor's Tax Parcel Number: 516970-0092 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Duvall Avenue NE Project This Temporary Construction Easement (the "Construction Easement"), is made and entered into this rill 7 day of Nati , 20&, by and between Kaba Investments, LLC., a Washington limited liability compan , ("Grantor"), and the City of Renton, a municipal corporation("City" or"Grantee")s. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit "A" — Entire Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a six hundred and thirty-seven (637) square foot temporary easement area for minor clearing and grubbing and excacation and fill and construction purposes in, on, over, through and across that portion of the Property described on Exhibit "B" (Easement "Area") and depicted on Exhibit "C", which are attached hereto and incorporated by this reference, for the purpose of Temporary Construction Easement; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described I above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void(i)twenty four(24)months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed j __ Page 1 of(7)Pages Parcel No. 516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT by the Grantee within the temporary easement area,whichever is later,but in no event later than December 31, 2023. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims,losses or liability,for injuries,sickness or death of persons,including • employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided, however,that: (a) The Grantee's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder,shall run with the land described herein,and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Page 2 of(7)Pages Parcel No. 516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT -- -- Dated: / 7 , 20 2 Grantor: Kaba Investments LLC By Its AV7p'lJ 4MZb4r Accepted and Approved City of Renton By Its Date Page 3 of(7)Pages Parcel No. 516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT STATE OF WASHINGTO ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Wei-Ting Hsiao is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Managing Member of Kaba Investments LLC , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this o?7 day of 4 /._ , 2000 . a • °\AA d11 TiC,,,GJ• _�'��326gs',,�AS)�4 r = OT I s N AAy Sad/�• i -''"— PrintedName (I) ' PUBLIC 0 -A, �►;%P%R�S��-�''���= Residing at ii ASN\`�-. 4‘```"` ..b My appointment expires /A/dt)/?. Page 4 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT - - EXHIBIT "A" ENTIRE PARCEL EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA (PER STATUTORY WARRANTY DEED, RECORDED UNDER AUDITOR'S FILE NO. 20130614000711) LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT I NO. 330-79, RECORDED FEBRUARY 26, 1980 UNDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. O ' kEM Pq $OF ees1/4'/- �' yr' cr 2,\ 46889 -+9 �FS�e\CISTBQ'1' P4� NA S"OI LAND SJ „as) 3-/o-2oZo Page 5 of(7)Pages Parcel No. 516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT"B" TEMPORARY CONSTUCTION EASEMENT LEGAL DESCRIPTION EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA A PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT #330-79 RECORDED UNDER AUDITOR'S ALE NUMBER 8002269014, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 88'36'38" WEST 5.01 FEET ALONG THE SOUTH UNE OF SAID LOT 1 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'36'38" WEST 25.05 FEET CONTINUING ALONG SAID SOUTH UNE; THENCE NORTH 04'56'55" EAST 3.01 FEET; THENCE SOUTH 88'36'38" EAST 20.04 FEET; THENCE NORTH 04'56'55" EAST 60.78 FEET; THENCE NORTH 13'26'10" EAST 33.88 FEET; THENCE SOUTH 85'03'05" EAST 5.00 FEET TO THE WEST RIGHT—OF—WAY LINE OF DUVALL AVENUE NORTHEAST; THENCE SOUTH 04'56'55" WEST 35.00 FEET ALONG SAID RIGHT—OF—WAY UNE; THENCE NORTH 85'03'05" WEST 5.00 FEET; THENCE SOUTH 04'56'55" WEST 61.98 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 637 SQUARE FEET, MORE OR LESS. - pF RA5 1 9 9 . / "Po 4688v -a° FSy, ec1 s TEg� JPJ 'mi. LAND 3-to-ZoZo Page 6 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. ` TEMPORARY CONSTRUCTION EASEMENT EXHIBIT"C" GRAPHIC DEPICTION EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA S85'03'05"E I 5.00' I (APN 5169700092) i I W KABA INVESTMENTS LLC �� z Co 4637 NE SUNSET BLVD 98059 I CD > a/l� 12 LOT 1 N r0 :t a CITY OF RENTON S.P. #330-79 .- ,- D AFN 8002269014 • / . i o LII/ N85'03 05"W I tow ii 5.00' IS88'36'38"E coi I 20.04' I i 'O P.O.C. I -------3.01 - __;� W N88'36'38" A 25.05' 1 T.P.O.B. N88'36'38"W I 0 1 5.01' 30' ��30, Parametrix TOTAL AREA 637 SQ. FT. LEGEND P.O.C. POINT OF COMMENCEMENT Q��of RA H�04/� ' T.P.O.B. TRUE POINT OF BEGINNING ca ��r' V J//////////////1 AREA EASEMENT STRUCTION %f1�• ' iri - - EXISTING RIGHT OF WAY UNE £ 3..0 ,`6889 le FSS��C!S T Rsos.: ,� --- - CENTERLINE �0Al, LAND S —--—--—-- --— PROPERTY UNE '' ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER 3-IO-ZOO Page 7 of(7)Pages Parcel No.516970-0092 PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. ADMINISTRATIVE OFFER SUMMARY- PARCEL 16 Project: City of Renton-Duvall Avenue NE Plan Sheet 11 of 73 Plan Approval Date: 6/19 Revision Date: N/A Federal Aid Number. N/A Tax ID No: 516970-0092 Owner Kaba Investments Location: 4637 NE Sunset Boulevard,Renton,WA 98059 Before Area: 28,385 SF After Area: 28,385 SF Acquisition Area: Slope/ Fee: 0 SF Wall/Utility Easement: 309 SF (area) (type) (area) Current Use: Commercial/Retail Zoning: Commercial(CA) Highest and Best Use: Continued use of the existing improvements Effects of Acquisition: The subject consists of a retail pad site located at the southwest corner of Duvall Avenue NE and NE Sunset Blvd.The site is improved with a 2,796sf restaurant constructed in 1982,currently occupied by Starbucks.The proposed acquisition consists of a five-foot wall, slope and and utility easement along the south/easterly property boundary,a total of 309sf.In addition to the permanent easement, an additional 5-foot strip adjacent to the permanent easement will be encumbered with a TCE to allow contractors access to the site while street improvements within the abutting Duvall Avenue NE right-of-way and for construction of a retaining for a period of 24 months,a total of 637sf.The area of acquisition is improved with trees and groundcover landscaping.It is our understanding the trees will not be removed and other landscaping will be replaced if disturbed.The acquisition area is immediately adjacent to a drive-thru;project engineers reported the drive-thru will not be impacted by either the permanent easement or TCE. Sales relied on: Sales 7-9 contained in data package dated: 7/17/19 Subject sold within the last 5 year: Yes If yes,is sale included in data package? N/A If no,explain why not: ACQUISITION COMPENSATION Land in Fee: (unit value) Easements Slope/ 309 Wall/Utility $60.00 50% $9,270.00 (area sf) (type) (unit value) (%) 637 TCE $60.00 16% $6,115.20 (unit value) (%) Improvements: sf sf (type) (square feet) (unit value) Damages: Total: $15,385.20 Worksheet Date: 7/17/19 Total(Rounded): $15,400.00 () Prepared By: "` om" ,II, 'r Date: 7/17/19 1 I have no present or prospective interest in the property that is the subject of this report and!have no personal interest or bias with respect to the parties involved. 2. My compensation is not contingent on an action or event resulting from this report. 3. /affirm that the valuation problem is uncomplicated. !concur in the value estimate herein. 1 authorize an Administrative Offer be made in saidamount as Just Compensation. Date: l/l C'S !/ef 1 This form is prepared in cant/r/rionce with Federal and State policy and procedures,under the Uniform Relocation Act It does not constitute an PFE PARCEL WORKSHEET - 16 Project: City of Renton- Duvall Avenue NE Corridor Improvements Owner: Kaba Investments Location: 4637 NE Sunset Boulevard, Renton,WA 98059 Before Area: 28,385 SF After Area: 28,385 SF Acquisition Areas: Slope/ Fee: 0 SF Wall/Utility Easement: 309 SF • (area) (type) (area) Current Use: Commercial/Retail Zoning: Commercial (CA) Highest and Best Use: Continued use of the existing improvements Effects of Acquisition: The subject consists of a retail pad site located at the southwest corner of Duvall Avenue NE and NE Sunset Blvd.The site is improved with a 2,796sf restaurant constructed in 1982,currently occupied by Starbucks.The proposed acquisition consists of a five-foot wall, slope and and utility easement along the south/easterly property boundary,a total of 309sf.In addition to the permanent easement, an additional 5-foot strip adjacent to the permanent easement will be encumbered with a TCE to allow contractors access to the site while street improvements within the abutting Duvall Avenue NE right-of-way and for construction of a retaining for a period of 24 months,a total of 637sf.The area of acquisition is improved with trees and groundcover landscaping.It is our understanding the trees will not be removed and other landscaping will be replaced if disturbed.The acquisition area is immediately adjacent to a drive-thru;project engineers reported the drive-thru will not be impacted by either the permanent easement or TCE. Sales relied on: Sales 7-9 contained in data package dated: 7/17/19 Assessed Values: Land $667,000 $23.50 /sf Improvements: $714,900 Subject sold within the last 5 year; Yes If yes, is sale included in data package? N/A ACQUISITION COMPENSATION Land in Fee: (area sf) (unit value) Easements Slope/ 309 Wall/Utility $60.00 50% $9,270.00 (area sf) (t)/pe) (unit value) (%) 637 TCE $60.00 16% $6,115.20 (area sf) (type) (unit value) (%) Improvements: sf sf (type) (square feet) (unit value) sf /sf • (type) (square feet) (unit value) Damages: Total (Rounded): $15,400.00 Map Sheet 11 of 73 Parcel: • 16 Plan Approval Date: 6/19 Revision Date: N/A Worksheet Date: 7/17/19 RES-215 Rev 10-14 SUBJECT PARCEL 1 6 i -r- :.."Z .•• -44,4v#.'`,.. i 1A4ifl '-!:` • - '''ar.1.. -.1 i''' . ,. • ;"4.,.. ,.,,, .. •••• .. ...... ''--e', ._:--- . .-r •-' , ,,.**.':...., ‘,".' 'r,* '' '... ' r • -rk . , .. 4 1 ;'', , V' •-rIt'''''''"i''':,.14 '',0' r irr-. • 4 ' 4. , '4. '1111f..'io. . •!.1 ...2,,'', ' .- ,..:.,,,, - • - ' ' • 41 ,, ,,..0. , • r ,, :, ,. 1 . :-.;•-•,*-4, "7: . ,." . - l' " ' *: " A • if i „ 7fr'' • 7:7-' . ' •411."- it i , • ,. •, "4'. .. . i.... i , , ,. • -- . . f '• - ......z. .., ! .:_i.,-..‘ ,ii , __ ,., • !!! . .- • ' liailir. . . .;,4••_c- jiall="7" • . %Emil . .. - .."*"•''','",;-'4)ii:","4:',..i4,4,7'' ....7.--, - -.. . 1 '''P,:.-71,..ili ,;•',Z. , ' ' ..' -' • -.:* ...•''''','"''''';''''''"**^",''''•'' .. 'ler:"',4'''.3,. r .:i•ir.,',4,1r,'", ,.•.$•' 'I",-• ' "•"'' ''. •*` , - - .,'''.7.;‘*',. *.1. '-'a-. , r, : , ".:‘,..:*1.;'..•«; ',.:-•_4‘,..,.4.--*:* , , 4',11,',W,i,,,,,,-'71'..+.•!'-',"'''''' ' - "----_„„,,_. I Photo 4.4T-Lst, : 100, i ! • , i„ ,, - , „ . .--.;,,.-'''4:.' '.'':...:.,'.: - ; ' - . 1 t.. et. .. ite i . —r . . 40 f die" . ':k * 'X°'1114Ir' . , . . 4 trrf , l Or 0,';'>.,,illit ; :"Iir C'f 1 I ' „ . . . rI .. -., ,..,4 -..s••\ 4 4. ) . . , ' .." , ' • '. ' ' IA. : r^',' OD r t.;•"- . . „ _,,,, _________:- iilin • 0, ' 4.,.. ...c. - - •lin VP , . :. .' i . , .,..., t,. ... ..-. . VS . _„„ :' ,zsceSs•rda d • ,.r e' ,, --, ..- Aerial Photo/Map Market Data - Comparable Sale 7 (1)ADDRESS or LOCATION: 4502 NE 4th Street,Renton,WA 98059 (2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE (3) a. Access: Direct from NE 4th Street b. Use at Sale: Residential c.. H&B Use: Commercial d. Zoning: CA • e. Dimensions: Rectangular f. Site Area(sf): 24,095 g. Sale Date: 3/23/2018 h. Price: $400,000 i. Instrument Type: Warranty Deed j. Terms: Typical k. Ex.Tax#or AF#: E2920323 I. Seller. Yuhan Luo m. Buyer: 4th Creek Meadows n. Confirmed with: Forest Gu Phone#: 425-999-3008 o. Confirmed by: Greg Goodman p. Date Inspected: 7/17/19 (4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 102305-9068 (5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.): a. The property is located on the northeast corner of the intersection between NE 4th Street and Bremerton Avenue NE. The site is rectangular in shape and generally level. At the time of the purchase,the property was improved with an older single-family residence that was considered to be of no contributory value. Subsequent to the purchase,the buyer has commenced planning for the redevelopment of the site with 24-unit apartment building. b. Confirmation Data and Comments: (6)ANALYSIS: ITEM Contribution Market Value • Land: $400,000 $16.60 Building Improvements: $0 $0.00 Site Improvements: $0 $0.00 Other: $0 $0.00 TOTAL SALE PRICE,6/SF $400,000 $16.60 COMPARABLE SALE 7 • . . ... , .. .... . .., ...... . . .. ., • . , ____, ...,.....„ likt .... . .. . . �:.• - - - ,. ., .... • • . . , ............ . . • .. . . .. ..„, •: .,...,..,,,,,,,,,„ . ,_ 4......,. ,, . r . , .... .. .,_ , . \ .._ f . ,...,....... Photo • .c,ti,,,,,.• : ..,....:::-.',...'1'14el .,.-.!.4''''''''Ir. :,e. . ‘ ,_r, • + ,,y &, ti A Aerial Photo/Map Market Data - Comparable Sale 8 (1)ADDRESS or LOCATION: 254 Union Avenue NE,Renton,WA 98059 (2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE (3) a. Access: Direct from Union Avenue NE b. Use at Sale: Residential c. H&B Use: Commercial d. Zoning: CA e. Dimensions: Rectangular f. Site Area(sf): 73,694 g. Sale Date: 2/21/2018 h. Price: $1,550,000 i. Instrument Type: Warranty Deed j. Terms: Typical k. Ex.Tax#or AF#: E2915647 I. Seller. Four Seas Group m. Buyer. Wwx2 Limited LLC n. Confirmed with: Henry Ung Phone#: 206-941-3652 o. Confirmed by: Matthew Sloan ' p. Date Inspected: 7/17/19 (4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 518210-0011,-0012,-0014 (5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.): a. The property is located on the east side of Union Avenue NE,south of Ne 4th Street. The property, which is comprised of three separate,but contiguous tax lots,is mostly rectangular to slightly irregular in shape and mostly level. At the time of the purchase,two of the tax lots were improved with older single-family residences and associated outbuildings. These structures were,however,considered to be of no contributory value. Subsequent to the purchase,the buyer has commenced planning work for the removal of the existing structures to make way for redevelopment of the site with a mixed-use. The rear portion of the site has slopes and may be impacted by a stream buffer,resulting in a net usable area of about 50,000sf,with equates to about$31/sf. b. Confirmation Data and Comments: (6)ANALYSIS: ITEM Contribution Market Value Land: $1,550,000 $21.03 Building Improvements: $0 $0.00 Site Improvements: $0 $0.00 Other: $0 $0.00 TOTAL SALE PRICE,$/SF $1,550,000 $21.03 COMPARABLE SALE 8 ' 4. :40,,,.0.. ,` 0.1. e. % .... - . . -, ___ ...,.....A., ,, I - • --1 a , - timor,. - Li_, , „.,, .., , - I 4 --Nal y - ., ,4r y .� ,' z., ...n .+ m .,,..4 w Photo r MIS • ph ,,,, J - t= dijilb } 1***"'''..."""T"'"..'"jr.M"1"41 ' ' .'t- ' ' 1 ..,"• 71 it rt, IA a Aerial Photo/Map Market Data - Comparable Sale 9 • (1)ADDRESS or LOCATION: 3123 Sunset Blvd NE,Renton,WA 98056 (2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE (3) a. Access: Direct from NE Sunset Blvd aand NE 12th Street b. Use at Sale: Car Wash c. H&B Use: Commercial/mixed-use d. Zoning: CV e. Dimensions: Irregular f. Site Area(sf): 17,059 g. Sale Date: 10/13/2017 h. Price: $940,000 i. Instrument Type: Warranty Deed j. Terms: Typical k. Ex.Tax#or AF#: E2895168 I. Seller. John/Cheri Zavaglia m. Buyer: Kiddie Research LLC n. Confirmed with: Tom Graff Phone#: 206-441-7900 o. Confirmed by: Greg Goodman p. Date Inspected: 7/17/19 (4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 042305-9155 (5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.): a. This is the October 2017 sale of a somewhat irregular-shaped corner lot at NE 12th Street and NE Sunset Blvd.The site is level and at-grade with all utilties available.The property was developed with an older car wash considered to be of no contributory value.The buyer plans to develop the site with a day care. b. Confirmation Data and Comments: (6)ANALYSIS: ITEM Contribution Market Value Land: $940,000 $55.10 • • Building Improvements: $0 $0.00 Site Improvements: $0 $0.00 Other: $0 $0.00 TOTAL SALE PRICE,$/SF $940,000 $55.10 COMPARABLE SALE 9 i . e. . ..t.. ' ..„ •‘, 4 . ° . t. .:4'..*Ittv If* ... ..1 ", ......„ . . . ,k; 1, r-A....t .7. * i 7-4,1 ..... -• . . . 1 r- Jer i......1-- _A r,4..., T _ ,... '''',.•,1111P"... - . . .4, ! „ - ...... r , ....... .„..,„_. Ar- --- ir ----,:-----"--------" --' '..----_,•• .,,..- -, ... .. - . Photo va.ot ef •,,. .- -‘,....- 0 , ..., .•., ' C.1. *Itt - '.- r 4"... -.. ...,_, _1 ',-•....so, '... ''',.. • 1', :,". .` • ." ....1 waft", .......'• 'i4 * Ns% dr, / e :k , f!idliMilillilli tril Aerial Photo/Map October 29, 2019 Property Owner PO BOX 3015 BELLEVUE WA 98009 Re: Duvall Avenue NE Tax Parcel Number:5169700092 Property Address:4637 NE Sunset Blvd, Renton,WA Dear Property Owner: The City of Renton has been developing the Duvall Avenue NE Project.The project consists of a roadway improvement project that will improve traffic and public safety along Duvall Avenue NE,a four-lane, high volume arterial. The project will repave the road,install center medians with landscaping, and complete the existing patchwork of curbs/gutters/sidewalks for a consistent streetscape. The majority of the new improvements will be constructed within the existing City right-of-way but for a small number of properties the City of Renton will require additional property and/or temporary easements to construct the new improvements.We have determined it will be necessary to acquire a small portion of your property and/or temporary construction easement for this project. • In that regard,the City would like to introduce you to those firms that are working with the City on the project. The firm providing the overall engineering design is Parametrix.Additionally, RES Group Northwest,an independent real estate consultant to the City will be reaching out to you to discuss the acquisition. The City of Renton is committed to working closely with you to fully understand your concerns and provide the appropriate assistance. A representative from RES Group Northwest will be contacting you in the next few weeks to set up appointments to meet with you and to provide you with an opportunity to discuss specific information regarding the project impact to your property. If you have any questions before that time,or if you anticipate that we would have any problem contacting you, please call Sonja Davis, RES Group Northwest at(425)577-2184,or me at City of Renton at(425)430-7303. Sincerely, Flora Lee, PE, PTOE Transportation Design Project Manager ADMINISTRATIVE OFFER SUMMARY- PARCEL 16 Project City of Renton-Duvall Avenue NE Plan Sheet 11 of 73 Plan Approval Date: 6/19 Revision Date: N/A • Federal Aid Number. N/A Tax ID No: 516970-0092 Owner. Kaba Investments Location: 4637 NE Sunset Boulevard,Renton,WA 98059 Before Area: 28,385 SF After Area: 28,385 SF Acquisition Area: Slope/ Fee: 0 SF Wall/Utility Easement: 309 SF (area) (type) (area) Current Use: Commercial/Retail Zoning: Commercial(CA) Highest and Best Use: Continued use of the existing improvements Effects of Acquisition: The subject consists of a retail pad site located at the southwest corner of Duvall Avenue NE and NE Sunset Blvd.The site is improved with a 2,796sf restaurant constructed in 1982,currently occupied by Starbucks.The proposed acquisition consists of a five-foot wall, slope and and utility easement along the south/easterly property boundary,a total of 309sf.In addition to the permanent easement, an additional 5-foot strip adjacent to the permanent easement will be encumbered with a TCE to allow contractors access to the site while street improvements within the abutting Duvall Avenue NE right-of-way and for construction of a retaining for a period of 24 months,a total of 637sf.The area of acquisition is improved with trees and groundcover landscaping.It is our understanding the trees will not be removed and other landscaping will be replaced if disturbed.The acquisition area is immediately adjacent to a drive-thru;project engineers reported the drive-thru will not be impacted by either the permanent easement or TCE. Sales relied on: Sales 7-9 contained in data package dated: 7/17/19 Subject sold within the last 5 year. Yes If yes,is sale included in data package? N/A If no,explain why not ACQUISITION COMPENSATION Land in Fee: (unit value) Easements Slope/ 309 Wall/Utility $60.00 50% $9,270.00 (area sf) (type) (unit value) (%) 637 TCE $60.00 16% $6,115.20 (unit value) (°%) Improvements: sf sf (type) (square feet) (unit value) Damages: Total: $15,385.20 Worksheet Date: 7/17/19 Total(Rounded): $15,400.00 Prepared By U "t4{ " ,""" Date: 7/17/19 1 I have no present or prospective interest in the property that is the subject of this report and/have no personal interest or bias with respect to the parties involved. 2. My compensation is not contingent on an action or event resulting from this report. 3. I affirm that the valuation problem is uncomplicated. I concur in the value estimate herein. I authorize an Administrative Offer be made inin saidai� amount as Just Compensation. ! )j7111 " NDate: P%l This form is prepared in cononce with Federal and State policy and procedures,under the Uniform Relocation Act. It does not constitute an