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HomeMy WebLinkAboutBlack River Riparian Forest (Permanent Site Record) King Co. Conservation Futures Grant - 1993CITY OF RENTON April 21, 1993 Mr. Jim Greenfield, Manager King County Office of Open Space Parks, Planning and Resources Department 1621 Smith Tower 506 Second Avenue Seattle, WA 98104 Community Services Sam Chastain, Administrator Subject: 1993 King County Conservation Futures Acquisition Program Extraordinary Regional Significance Application Black River Riparian Forest Dear Mr. Greenfi.eld: The City of Renton is pleased to'submit the enclosed information for the Black River Riparian Forest Extraordinary Regional Significance Application. This application includes the following materials: 1. Conservation Futures Fund Application 2. Site Location Map 3. Parcel Acquisition Map 4. Concept Plan 5. . Memorandum of Agreement also containing a copy of,the executed Purchase Option for Tract C. 6. Public Access Easement Agreement 7. Agreement with the Seattle Audubon Society 8. Agreement with the Renton Citizens for Wildland Preservation 9. Project Budget 10. Copy of City of R'enton Open Space Cash Flow Schedule identifying amount of available Open Space Funds for this acquisition 11. Brief Description how Proposed Parcel Acquisition meets the Definition of Eligible Lands under RCW 84.34.020 12. Memorandum regarding Growth Management Act 13. 6 Slides ,14. . Brief description of slides 15.' Final E.I.S. Table g-1, Mammals Likely to Occur in the Vicinity of the Black River Project Area 16. . Letter from Department of Wildlife 17. Legal Descriptions 18. Review Appraisal 19. Proposed Acquisition Plan 200 Mill Avenue South -Renton, Washington 98055 -(206)235-2553 11I1S PAPER CONTAINS SO% RECYCLED MATERIAL, 109'0 POSI' CONSUMER Mr. Jim Greenfield April 21, 1993 Page 2 20. Resolution 2944 adopting Comprehensive Park Recreation and Open Space Plan and Trails Master Plan 21. One complete copy of each of the following documents for King County Office of Open Space: a. City of Renton Comprehensive Park Recreation and Open Space Plan b. City of Renton Trails Master Plan; and c. Final E.I.S .. d. Black River Basin Water Quality Management Plan 22. Resolution 2961 identifying parcels for acquisition and authorizing Application for Funding Assistance 23. Highlighted pertinent excerpts from adopted Trails Master Plan 24. Highlighted pertinent excerpts from adopted Comprehensive Park Recreation and Open Space Plan \ Please note that only one (1) complete copy of each of the City of Renton's Comprehensive Park, Recreation and Open Space Plan, Trails Master Plan and Final E.I.S. are provided, as well as one (1) complete copy of the Black River Basin Water Quality Management Plan. However, highlighted excerpts from these documents, pertinent to this project, are included in each of the 10 copies of the grant application package. Should Committee members require additional! information, the complete documents will be available at your office. We are very excited about the Black River Riparian Forest Open Space Bond Issue project as it will provide an excellent opportunity for the acquisition of Open Space/Habitat Land in an Urban Area as well as a linkage to the existing Springbrook Habitat Corridor. Should you have any questions or require additional information, please do not hesitate to can me at 277-5549. I look forward to attending the May Citizen Oversight Committee meeting regarding the recommendations of these projects. Very truly yours, ~:dt~.~a,6-(kdJ Leslie A. Betlach Open Space Coordinator LAB/dlf Enclosures cc: Sam Chastain Vince Lee Randy Berg 93-170df , (Applications must be typed) Date Received 1993 REGIONAL CONSERVATION FUTURES ACQUISITION PROGRAM PROPERTIES OF EXTRAORDINARY REGIONAL SIGNIFICANCE APPLICATION PROJECT NAME: Applicant Agency: Contact Person: Ti tIe: Address: Phone: TOTAL Funds Requested: Number of Parcels: Black River Riparian Forest City of Renton Leslie Betlach Open Space Coordinator 200 Mill Avenue South: Renton. WA 98055 (206) 277-5549 $945.758.00 Three (3) totaling 14.21 acres Note: For full descriptions of the requirements of each of the following criteria categories, please refer to the "Criteria for Properties of Extraordinary Regional Significance". Please answer all questions on the forms provided and in the space provided or on additional pages, which may be attached to the application. Additional Attachments: All applications must contain the supplemental information requested at the end of this application to be considered complete. The applicant certifies that to the best of his or her knowledge, the . information in this application is true and correct. DEADLINE: This Application must be received by April 16, 1993, 4 p.m., by: King County Office of Open Space 1621 Smith Tower 506 2nd Avenue Seattle, Washington 98104 ATTN: Jim Greenfield, Administrator 1 I. Regional Importance. The property must meet at least two of the following criteria to pass this Threshold: A. Service Area: Will the property likely be a destination for people who come from beyond the geographic limits of the community or jurisdictions within which the property· is located? How far away will most users come from, i.e. what is the mileage radius of the proposed project's service area? Yes, this acquisition will be a destination point for people countywide as this property currently has an estimated service area with a fifteen through twenty (15 -20) mile radius. This site is frequented by staff from the University of Washington School of Environmental Studies, Audubon Society, Sierra Club and nature enthusiasts. B. High Visibility: Is the property visually prominent from an interstate, state, or county highway, or major urban right-of-way, regional trail, or other highly-used public right of way, Puget Sound or Lake Washington. Please name each road or right of way and describe the visibility. Provide a slide demonstrating the visibility. The property is visually prominent from the following Transportation Corridor: 1. 1-405 (Interstate Highway System). Property is visible to west bound traffic on 1-405. Property location is approximately 300 lineal feet north of 1-405. C. Multi-jurisdiction/Beyond Funding Capabilities: Will the property create a park, passive-use recreation or open space opportunity that crosses city jurisdiction boundaries? If yes, list the cities and/or portion of unincorporated King County in which the property is located. Is acquisition of the property beyond the funding capabilities of your jurisdiction? If yes, describe why. This acquisition is located in one (1) jurisdiction --the City of Renton. However, the entire project as identified and adopted in the City's Comprehensive Park, Recreation and Open Space Plan is located in two jurisdictions: Unincorporated King County and the City of Renton. Eighty-one (81) acres is located in the City of Renton and 23.23 acres in the hillside area located in unincorporated King County. This 14.2tacre acquisition is beyond the funding capabilities of Renton's jurisdiction. The City has contributed $500,000.00 of its own monies for acquisition in the Black River Riparian Forest and exercised the option to utilize an additional $3,500,000 in Metro monies for acquisition also in Black River. (The $3.5 million could have been utilized for other acquisitions in the valley area). Although the City is not at its bonding capacity, Renton is not bringing in enough revenues to further indebt itself .. The reduction in revenues can be attributed to a sluggish economy 2 including reduced revenues from sales tax, fewer applications for building permits and an increase in vacant office space. The City is currently paying back on G.O.B. Bonds for the following park projects: 1. Gene Coulon Memorial. Beach Park 2. Maplewood Golf Course 3. Renton Community Center D. Contains Three Open Space Features: List at least three park or open space features defined in. "Properties of Extraordinary Regional Significance" Criteria II that the property contains. If the property itself does not contain three such features, describe why the property is a component of a larger open space system important to the character of King County that contains at least three such features from those Criteria II, and list the features. This proposed acquisition contains the following park and/or open space features as defined in "Properties of Extraordinary Regional Significance" Criteria II: 1. II.A.(2) View Corridor: Provides an opportunity to view 67 acres of prime riparian forest, wetlands, and upland buffer for active Heron Rookery. 2. II.A.(3) Scenic Resource: The Black River Riparian Forest is viewable from 1-405, Oakesdale Avenue and Springbrook Creek and ties into the Springbrook Corridor which extends three miles south and east from the Black River Riparian Forest along Springbrook Creek to the City of Renton Watershed. 3. II.B. Habitat Areas or Corridors: Uncommon species include Great Blue Heron. Rare/endangered species include bald eagles. 4. II.C. Adjacent to Regional Park or Trail: Proposed acquisition increases Regional Open Space in public ownership by 20%. 5. II.E. Other Water Access for Regional Facility: 14.21 acre acquisition is immediately adjacent to the Black River Riparian Forest and is a component of a much larger system spanning 3 miles along Springbrook Creek and including 79 acres, referred to as the Springbrook Corridor and identified as an Urban Separator. 6. II.F. Regional Passive-Use Urban Park: Increases 67 acre Regional Open Space/Habitat (currently in public ownership) to 81 acres with addition of 14.21 acre acquisition. Includes rare plant and animal species. 3 E. Habitat: As an alternative to I.A above, if the property is primarily habitat that meets the definition of "Properties of Extraordinary Regional Significance" Criteria II B, should the property have low visitation levels or use restrictions to preserve the habitat? Please describe. As described in Section II. B, the property itself provides habitat buffer and protection for an active Great Blue Heron Rookery and for Bald Eagles. This site contains rare and occasional plant species as well. In addition, it is a component of a much larger system spanning from the Black River Riparian Forest (currently 67 acres) and following the Springbrook Corridor for 3 miles to the City of Renton Watershed, and incorporating an additional 79 acres for a grand total of 146 acres. (With the addition of this proposed 14.21 acre acquisition and the 23-acre proposed acquisition along Springbrook Creek this new total would be 183 acres). The City has entered into a Public Access Easement Agreement with the neighboring property owner and current owner of this acquisition. This Agreement requires a master plan for development by the year 2002. As part of this plan a Habitat Assessment will be required. At this time it is estimated controlled and perhaps limited public access will be required. For example: 1. Board~alk system with interpretive signs 2. Viewing of wildlife from behind blinds 3. Limited parking 4. Limited public access during mating season 5. Small scale interpretive center 6. Educational research II. Extraordinary/Unique Open Space Features. To meet this Threshold, the property must possess at least three of the following features, or the property must possess one of the features listed below to a degree of extraordinary importance to the people of King County: (1) Viewpoint property: Will the property provide the opportunity to view a scenic resource, as defined in the "Properties of Extraordinary Regional Significance" Criteria II.A. (I)? Will the proposed viewpoint provide public access? Please describe. Provide a slide showing the scenic feature from the viewpoint. Not Applicable (2) Is the proposed project a View Corridor as defined in the "Properties of Extraordinary Regional Significance" Criteria II.A. (2)? Please describe. Provide a slide showing how protection of the view corridor is necessary to preserve a view of the scenic feature. This acquisition will provide an opportunity for a panoramic view of 67 acres of prime riparian forest, wetlands and upland buffer area providing habitat for an active Heron Rookery. The proposed viewpoint will provide controlled public access with the potential use of duckblinds for 4 viewing of sensitive wildlife habitat. A boardwalk system is anticipated: as well as interpretive signage. (3) Does the proposed project contain a Scenic Resources of regional importance as defined in the "Properties of Extraordinary Regional Significance'; Criteria II.A. (3)? Please describe. Provide a slide showing the scenic resource. The 14.21 acres as it stands alone is not a scenic resource. However, because it is immediately adjacent to the 67 acres currently in public ownership (Black River Riparian Forest) and is part 01a much larger habitat system (Springbrook corridor extending 3 miles to the south and east and including an additional 79 acres), this acquisition as a whole becomes a scenic resource, which is visible from 1-405, Oakesdale Avenue and Springbrook Creek. B. Habitat Areas ,or Corridors: Describe the natural habit'at; including habitat corridors, in the proposed project. The 14+ acre acquisition provides habitat protection and buffer area for an active Heron Rookery with 20 pair of nesting Great Blue Heron, which is classified as an uncommon species. In addition, bald eagles (classified as rare/endangered) forage for food on \his site. This 14.21 ' acres is a primary linkage to the 67 acres currently in public ownerShip. In addition to the rare wildlife, there are (6) six rare species and 26 occasional species of vegetation which include the following: wild iris, rose, willow, sumac, mountain ash and Oregon ash. On an even larger scale the Black River Riparian Forest is part of the Springbrook Corridor that spans nearly three (3) miles south and east from the Black River Riparian Forest tei the City of Renton Watershed. This system includes the 38 acre watershed, 16 acre undeveloped neighborhood park site, 25 acres of wetlands recently acquired by the City and a proposal to acquire 23+ acres along Springbrook Creek (near the watershed). This entire system is rich in wildlife and vegetative habitat. (See attached information regarding habitat in the Black River area). Springbrook 'Creek is identified as a Class 2 stream in this corridor and increases in value as it gets closer to Black River where it is identified as a Class I. This entire habitat system will become a component of the Black River Riparian Forest that will contain passive-use recreational opportunities Controlled and limited service access will be the key to preserving, protecting and enhancing the prime wildlife and vegetative habitat the occurs in this area. A Master Plan is required to be completed by the year 2002 (as part of the Public Access Easement Agreement). The amount and type of public use will be determined after completion of a habitat assessment. At this time the City envisions a boardwalk system, interpretive facilities, limited parking, restrooms and educational and scientific research. C. Adjacent to Regional Park or Trail: ,Is the proposed project adjacent to a regional park or trail, or within a boundary of a greenbelt or greenway as adopted in a comprehensive park, open space or trail plan? How will it provide a critical linkage or significant expansion to the regional park or open space? The proposed project is adjacent to the Black River Riparian Forest and identified as Regional Open Space and adopted in the City's Comprehensive Park, Recreation and Open Space Plan. This 14.21 acre acquisition will expand the current Black River Riparian Forest land in public 5 D. ownership by 20%. This property is especially critical as it contains prime habitat protection and buffer area for an active Great Blue Heron Rookery. The project is also part of the larger Springbrook Corridor which is identified as an Urban Separator in the City's Comprehensive Plan as part of Growth Management Act. Will Lake the proposed project provide direct public Washington, Lake Union or the ship canal? Not Applicable access to Puget Sound, Describe fully. E. Other Water Access for Regional Facility: Will the proposed project provide other lake or river shoreline and associated wetland or upland buffer areas that could serve as a regional shoreline public access facility or contribute to the establishment and protection of a riparian open space corridor? This acquisition will contribute toward the continued protection of a riparian open space corridor by providing an additional 14.2 acres of buffer area to a Class I wetland and Riparian Forest located immediately adjacent to this parcel. In addition, it will provide additional protection for the larger Springbrook Corridor system spanning nearly 3 miles. This 14.21 acre acquisition will provide additional buffer area to the 2,000 lineal feet of shoreline currently in public ownership. Multiple public use/benefits include: 1. Education -currently the University of Washington School of Environmental Studies 2. Interpretation 3. Viewing of wildlife 4. Habitat protection 5. Boardwalk system F. Regional Passive-Use Urban Park: Would the proposed property primarily be used as a regional passive-use urban park that will be a destination point for users traveling from beyond their own local community? (Such property must be located in urban areas or in urban growth areas as defined in the King County Comprehensive Plan.) Please describe. This 14.21 acre parcel would be in addition to the 67 acres currently in pubic ownership for an 81.21 acre Regional Passive-Use Urban Park. The site is currently a destination point for users traveling a distance between 15 and 20 miles outside the City of Renton's jurisdiction. The entire 81 acres contains prime habitat and includes rare wildlife as well as rare plant species. G. Historic/Archeological Resources (Land Only): Does the property contain an historic or archaeological resource? How would acquisition of the proposed project further protect the integrity of the resource? Provide a slide of the resource. Not Applicable 6 H. City/Community Separator Greenways. Demonstrate how the proposed project meets the greenway or city/community separator "Properties of Extraordinary Regional Significance" Criteria II.H. Describe how the greenway provides any visual relief from other nearby land uses. The 14.21 acre parcel is not designated as a greenway separator. However, as part of the Springbrook Corridor of which this parcel and the Black River Riparian Forest is a component of, this area meets the criteria for an Urban Separator as identified in the City's Comprehensive Plan as part of the Growth Management Act. The Springbrook Corridor is also identified in the City's adopted Comprehensive Park, Recreation and Open Space Plan. This Urban Separator/Open Space Corridor System spans 3 miles and includes an additional 79 acres to separate incompatible uses and provides visual relief from the neighboring intense industrial and office park uses. III. Determining the .Need for Future Year Revenues. One of the .following is required to meet this Threshold: A. High Acquisition Priority: . If the proposed project is identified as a high priori ty in an adopted park, open space or comprehensive plan, attach a copy of the plan; or, attach a resolution from the legislative body of your jurisdiction indicating that the property is a high priority acquisition and that it will be included in the appropriate GMA plans when adopted. 1. This project is listed as the number two (2) priority in the City's adopted Comprehensive Park, Recreation and Open Space Plan. 2. See attached pertinent highlighted excerpts from the City of Renton's adopted Comprehensive Park, Recreation and Open Space Plan and Trails Master Plan identifying this project as a high priority. (One complete adopted Comprehensive Park, Recreation and Open space Plan, Trails Master Plan and Final E.I.S. have been submitted to the King County Office of Open Space for additional further review, as required). 3. See attached Resolution adopting above plans . . 4. See attached Resolution identifying project and authorizing grant application. 7 B. Significant Matching Funds Available: Are significant matching funds, a partial property donation (or a bargain sale) opportunity available and of equal to or greater than one half of the amount of the conservation futures application? Please list any matching funds received or applied for. Other Fund Source Local jurisdiction State C.F.F Funds·· Other (Identify) 1989 Open Space Other (Identify) Amount NIA $1 ,534,815.00 $ 434,827.00 Availability Date Immediately Upon Reimbursement Request •• These funds cannot be used as a match for this application as Conservation Futures Funds can not be matched with Conservation Futures Funds. C. Is the property highly threatened with development or other action that will lead to a significant loss of any open space features on the property that are listed in Criteria II? Please describe the situation fully. Yes, this property is highly threatened for development as the 2 year option on Tract C in the existing Memorandum of Agreement between the City of Renton and First City Washington, Seattle Audubon Society, Renton Citizens for Wildlands Preservation and the Sierra Club Cascade Chapter, expires November 21,1993. Existing land use designations allow for Office Park Development in Tracts A, 8, and C. Parcels 1 and 2 in Tract C have been developed for Office Park use. Lots 5, south 1/2 of lot 6 and 7-10 in Tract C were purchased by the City in 1992 for $4.3 million. Lots 3, 4 and the north 1/2 of lot 6 are the only remaining parcels left to be acquired in Tract C and are included in this application. Through the SEPA Process, Office Park development has been approved for the neighboring parcels in Tracts A and B. The existing two year option to acquire parcels 3, 4 and the north 1/2 of parcel 6 expires November 21, 1993. At that time a new option would need to be negotiated. D. Is there any other extraordinary timing opportunity, such as the expiration of a purchase offer, that should allow the proposed project to be considered a priority to be funded at this time? Please describe. 8 V. Additional Considerations. A. Unmet Park or Open Space Needs: Is the property·located in an area that has been identified as having a deficit in park or open space resources in an adopted park or comprehensive plan meeting Growth Management Act mandated requirements? The parcels proposed for this acquisition are located in the City of Renton's southwest planning area as identified in the adopted Comprehensive Park Recreation and Open Space Plan. The southwest planning area does not have a deficit in Open Space land. However, upon further review, and description of this Site (Site 41) in the adopted plan on page VIII-37, the last sentence reads, "This site is part of Ii much larger open space area found to the north (see site 40 on page VIII-34. This is located in the west planning area.) The Plan indicates an additional 135.6 acres of open space land needs to be acquired in the West Planning Area by the year 2000 in order to meet the new recommended standard of 12.7 acres/1 ,000 population. B. Geographic Equity in the Distribution of CFT Funds. List all other Conservation Futures 'grants, by project, received by your jurisdiction from King. County since 1989. Black River Riparian Forest $ 9,000.00 1989 200,000.00 1990 1,500,000.00 1991 May Creek Trail $ 2,250.00 1989 106,950.00 1989 Honey Creek Trail $ 3,000.00 1989 Lake Washington Vistas: $ 100,000.00 1990 C. Large Acreage/Shoreline. What is the proposed project's total acreage? What is the length of shoreline on the property? The property to be acquired is 14.21 acres but is a component of a much larger system, the Black River Riparian Forest. The total project area would be 81 acres (67 acres currently in public ownership and 14+ acres for this proposed acquisition). This acquisition also provides additional buffer for 2000 lineal feet of Class I stream shoreline currently in public ownerShip. D. Final Critical Link in a Regional Open Space System: Does the property provide the last or one of the last. essential elements in a regional open space system, such as a regional trail, a critical habitat corridor or other greenway? Please describe. This 14.21 acre acquisition is the last element to be acquired in Tract C and the next to the last element to be acquired in the Black River Riparian Forest Regional Open Space/Habitat System. 9 E. Factors Affecting Likely Success of Project. i. Describe any other matching funds or resources, such as a volunteer management agreement, etc. 1. Agreement with Seattle Audubon Society (see enclosed). a. Conduct waterfowl and wildlife surveys b. Assist in development of Interpretive program 2. Agreement with Renton Citizens for Wildlands Preservation. a. Conduct bird counts b. Provide twelve field trips annually c. Provide litter control ii. Evidence of a Willing Seller. This may be demonstrated by a signed letter of intent or signed option, or a signed first right of refusal from the seller. Add any comments below. See enclosed executed Memorandum of Agreement with executed two (2) year Purchase Option Agreement between City of Renton and First City Washington, Inc. iii. Site Restoration Project Funding Identified. Is a restoration project identified for the proposed project that will create or significantly improve a seriously degraded feature defined in "Projects of Extraordinary Regional Significance" Criteria II. (Conservation Futures tax levy funds under state law may not be used for development or restoration) . Not Applicable F. (Please note that there is no Criteria "V.F" in the ordinance) G. Growth Management Act -Accepting Density. Is the property in the area identified under an adopted growth management plan as targeted receive greater density and become an urban village or urban center? Yes, the property is identified and located in Renton as part of GMA. The City of Renton has applied for Urban Center Status which would allow the City to grow to at least twice its present size. As an Urban Center the City is required to have additional parks and open space lands to service the increase in population H. 1989 Open Space Bond Project with Funding Shortfall: Is the property within the scope of a 1989 Open Space Bond Acquisition Project that has an identified acquisition funding shortfall and has not been substantially completed? Yes, this project is within the scope of the 1989 Open Space Bond Acquisition Project. The current funding shortfall is one and one half times the original 1989 Open Space Bond Project acquisition budget. 10 I. Is there any either harm that has not been described in this application that could come to the property's open space features listed in 'Criteria II through alterations of the'property through likely changes in land use? Current Land Use Designation allows for Office Park Development (O-P). Under the proposed land use designation; Employment Area Office (EAO), and Low Density Single Family (LDSF) would be allowed. Under both the present and future zoning, habitat in this area would be destroyed or at the very least compromised. The habitat in the area would be best served by acquiring the land for public ownership and including a larger habitat/open space system in order to preserve, protect and enhance this Regional Open Space feature containing rare plant and animal species. 11 ADDITIONAL ATTACHMENTS REQUIRED: The following attachments must be included for the application to be considered complete: Attached Attached Attached Attached Attached a) Briefly describe in 2 or 3 sentences how the property meets the defini tions of eligible lands under RCW 84.34.020. (Copy attached) b) Attach a proposed project budget, including the following information: * * * * * General administration: Appraisal, appraisal review and title report costs: Relocation costs: (if any) Land acquisition costs, including closing costs: TOTAL Funding Request: c) Attach a copy of your jurisdiction's adopted park or open space comprehensive plan or its equivalent. If you do not have such an adopted plan, please attach a copy of a resolution, motion or ordinance approved under the normal legislative process of your jurisdiction indicating that the property will be listed as a high acquisi tion priori ty in your adopted open space or comprehensive plan required under State Growth Management Act. d) Attach a copy of a resolution, motion or ordinance signed under the normal legislative process of your city of King County, authorizing the attached application for Conservation Futures funds. e) Attach an 8 1/2" x 11" reproducible, black and white site map of the proposed acquisition project showing the project scope and each individual parcel wichin the proposed project scope. 12 Attached Attached Attached Attached Attached Attached Attached Attached f) Proposed acquisitions may include fee simple or less than fee acquisitions such as trail or conservation easements. Please attach a list that clearly discloses the type of ownership interest (i.e. fee simple, easement, etc.) that is proposed for each parcel. g) Attach an 8 1/2" x 11" reproducible black and white location map showing the location of the proposed project including the nearest cross streets, and at least a five mile radius surrounding the proposed project. h) Attach an 8 1/2" by 11" reproducible black and white schematic plan showing potential or proposed future uses of the site, including trails, parking, or other facilities. Please indicate any surface area of the project area that will contain non-vegetative impervious surfaces such as pavement. i) Enclose a maximum of 3 3Smm color slides of the proposed project that best portrays the site's features. Additional slides may be provided only for those criteria where slides are required. Slides should be labeled with the project name, applicant jurisdiction and date of slide. A brief written description of each slide (1 or 2 sentences) should be provided on a separate piece of paper. Slides will be returned only upon request. j) Copy of an appraisal, letter of op~n~on or other justification of value of the property proposed for acquisition. k) Provide documentation of the existence of matching funds obtained or available, if such funds are identified in the application. 1) Copy of a purchase option or other agreement showing evidence of a willing seller, if identified in the application. This confidential information is for use by King County Open Space Citizen Oversight Committee members only. m) Do you have any reason to believe that the site may contain hazardous substances? If so, has an environmental assessment been conducted on the site? If so, please provide copy of environmental assessment. No, it is highly unlikely any hazardous wastes are located on these parcels. However, the City always obtains a hazardous waste assessment report prior to purchasing any property. 13 · . SLIDE SCHEDULE City of Renton Black River Riparian Forest 1. Pertaining to Question LB. --High Visibility Aerial view looking west toward project area. Slide taken above the intersection of 1-405 and S.R. 167. Oakesdale Avenue to the South (left). Duwamish Valley in background. Empire Ridge and S.R. 900 to north (right) of site. 2. Pertaining to Question IIA(2) --View Corridor View looking northeast toward Great Blue Heron Rookery and riparian forest. Pond/wetland in foreground. 3. Pertaining to Question II.A.(3) --Scenic Resource Habitat Corridor with mature stands of vegetation for wildlife. 4. Educational Opportunities Field trip conducted by Renton Citizens' for Wildland Preservation as part of existing agreement with the City. Viewing nesting birds/herons. 5. View of existing side channel and grasslands. 6. View looking north and east overlooking the pond/wetland area. LB/dlf 93-169df Riparian forest in background. NORTH. .~ .. LAKE ., WA:stIlNGTON, . ~ City of Renton Ownership ~ ~ Proposed Acquisition Future Acquisition . Scale o 3000 CITY OF· RENTON SITE LOCATION MAP .BLACK RIVER RIPARIAN FOREST APRIL 13, 1993 ~ _"",,,.;-,t;<--' • ;'L ,-".~,,,,,,,. ", ~ ._ __ ._"""" ___ ... ....--,_w,_ .... __ ".",...~ "'1"-. ."...".. ,_ .......... ,...,~ ~~".-. , _. ~,~";._;_.;;." ... i.,~,';;-;.."'<,"'-~~~,,.~""~.....,.r~ .. c"' .. ';"';;~"_,;,~_ .... _ ~ ... _~ ____ ~ ", 'I'N S 51 ~.:-. ,'. -:-:. .\\ ...... z :~. AJRPOn r .1 \ ? . 'f\'" =:: • .. --. . ...... .U I z ~ CUl-lPi " z .. ~. > ~ « > N "" .LlsT I z ~ &I~~ : PUBLIC ~WN~RSHIPJ~ " s r FUTUREACQUISI-'::~QN 23.~3 A~~~ YL~ = BLACK RIVER-'M ~ sW2s7~ f 5\ -2SI f'\'r f~~~~;'F ARTIN LUTHER KING .' ly L.r,,3' CITY E X I ~ IRIPA~IAN FOREST r 1 ,.*-1y J 151! -,., ~ >, -~ .;;!'> I (1)1 ",I U) 1 Hm. , ... 1& FOREBAY_______ ... " ::'. Q, RECEN! ~CQUISITION I PUBLlC.OWNE~SHI~~ J ": I ,.' ~ '.,'" .; <0,,0 ~ (33 ACRES,; I . IL ~~. I '" (34 ACRES) 1,}3.[11 1 -'" Suns" •• J' {SI30PPING\ ~1 s I • / S ~ .S ..:... > ro _ . LOTS 1 & 2 PRIVATE OWNERSHIP '" :< ,~ ~~' ~~,.~t, LOTS 3,4, NORTH it-ALF OF 6:~1 ~-. E:j !I ~~, '-t CONSERVATION FUTURES GRANT APPLIC. ~~~O~~SED A~Q~ISITI~N 1~.21,~CRES s~ TRACTS A & B I PRIVATE OWNERSHIP 5 /05 ~ .. c o ra ~ .~ ... NORTH 'c I '!;, W' t I" l \'9' . '-~ ~ s '~ >J) I . "'" \~ tV . ~\ ~ . ! : ........ :.'..,:.. HERONRY~ ! i i ~ ~ ~ JI 5 '~CITY OF RENTON~ \ ~ ~I_:; '::: 600' BUFFER ~~ BL~C~ RIVER RIPARIA~ FOREST~ t I ~:: :. I :::t ~ ~~";;)' S' 9 SITE LOCATION MAP : -:. LONGAtlRES' I sw '9 ST ~ .. c ( , ~b THOROU#mREb ' T:J ot ~. 1~ ~\ I I APRIL 1993 c. \ ! ~. -". '. ~ ~ b 5/ ~ ~ • -._e. '. HORSE ~Cltl o· ~ 'r. '" ~ ~ , • {,T\ .. _ ,_ -.,J.", _, r _ \ .' '\ \ . !; , NnnTU LAKE ., ~: ", ~ City of Renton Ownership . . .. ~ Future Acquisition ~ Proposed Acqui.sition . '.' Scale o 3000 COTY OF RENTON BLACK RaVER RIPARIAN FOREST SITE LOCATION MAP APRIL 13, 1993 '" \ ~.. . . .... ".., tt'li ~l S : .... "';df1POnr ~ II .<: ~ 5T CUI-til, I • 'l z .~. '" z > '" "' > ~ ~ N <1C • z, 4. S1 x ~~ : PUBLIC QWNERSHIP", FUTURE ACQUiSiTION 23.23 ,AC;E~ "L~" ........ I ~ S""2 S q:? J S \ -25\ flY/I' ~. ~~!lRAnY . ,'J BLACK RIVER· -MA'lTIN LU1HER KING .' '1'(0" 6' U) I I I I CITY EX,,' .-=:-'::~~:r:i'ifi~ ~ q, --' 3/ ... OJ (j') t.f) U) , n 1\ T.l . IRIPA~IAN FOREST-r fj " '1 y e 1 5'1 ~EC~N; A;{Qi.ISITION / PUBLICOWNERSHIP~ 1& FOREBAV---.... . j" .' ::-.. -'.' , :'-' ''''.r '0/) ~ (33 ACRES)' !V . J'.f''i:? I ",,- (34 ACRES) ~=:t£e'"!-lli~,J#"'lI' ~ su,,""'., I (SllOPPIllG\ ~1 Sid 1 S ! ~" /. ) LOTS 1 & 2 PRIVATE ()WNERSHI~I ~ ~1lt4 ~r;~< LOTS 3, 4, NORTH HALF OF 6:, -{ _ t:j !I ~~ --; CONSERVATION FUTURES _ GRANT APPLIC. PROPOSED ACQUISITION 14.21 ACRES s7 I '" "I , ~. __ .... 1 . , 1_ TRACTS A & B I PRIVATE OWNERSHIP s,~ ,. n 1iI' ..... .. ,.:. NORTH -' S',1" ." I .,. . ~ ~-'--T I '''' \~ i7 ~\ .... :.... HERONRY~ % ~~ 1 IT \~ ~~I 11 S'~CITY OF REN~ONI \j l~ y' .'\ : 600' BUFFER ii BL~C~ RIVER RIPARIAN FOREST. I ~.: ;. I ::;>-~~";:1 S '9 SITE LOCATION MAP I~:· LONGA{lRES SW 19 ST >-.. C ( ~h TllOROU~lBREb ' T:I ot ~'. ,!:\ I I APRIL 1993 c .J .' • • 1 -5> S' ~ E , '. • ,.... b ~ It) \. -" ~. -. l'nn~r PM'T" c· .~ .;, '" ,. C 1 !\.Jr. t , _____ __ __ ~ 1 >- !zoo EXIST'G QUARRY • :::J:': 05;>-() .!::: (')Sd Z[])~ :.:a..uc: ~ -~-'-. -.:--" -~ . /_<~~ / ~. ",-? ""'&T_ .-' '. _ -., -'--~ -'- ~ o CITY" RENTON OPEN SPACE PROGRAM .........,... .. __ 05.92 PROJECT PROPOSAL AERIAL ViEw mOKING NORTH • BLACKRIVER RIPARIAN FOREST & WETLANDS • HABITAT PRESERVATION & ENHANCEMENT • PUBUC ACCESS STEEP SLOPE ,-.EXISTG WETLANDS PROPOSED OFRCE BLDGS. @ TIl.o.rT'" /1 & B EXIST'G MULTI-FAMILY HOUSING November 20, 1991 IIBMORAHDUX OJ' AGRBBKBNT REGARDING BLACKRIVER CORPORATB PARK, TRACTS A, B AND C THIS AGREEMENT ("Agreement") is made and entered into this ~ day of November, 1991 by and between the City of Renton, a Washington municipal corporation ("the City"), First city Washington, Inc., a Washington corporation ("First City"), the Seattle Audubon Society ("Seattle Audubon"), a Washington non- profit corporation, and Rainier Audubon Society ("Rainier Audubon"), an unincorporated association of citizens, the Citizens for Renton Wildlands Preservation, an unincorporated association of citizens ("Renton Citizens"), and the Sierra Club Cascade Chapter, Sammamish Group ("Sierra Club"), a Washington non-profit corporation (all collectively, "the Parties"). I. RECITALS 1. WHEREAS the City is an optional municipal code city of the State of Washington pursuant to RCW Chapter 35A, with the authority to purchase and hold property, and to regulate development under its land use, shorelines, building and other codes and the State Environmental Policy Act ("SEPA"), and to manage the parks, streets, and other public facilities within its jurisdiction; and 2. WHEREAS First City is the owner of the property which is a subject of this Agreement, to wit, Tracts A, B, and C of the - 1 - November 20, 1991 Blackriver Co~porate Park, located in Renton, Washington ("Tracts A, Band cn), which Tracts A, Band C are respectively legally described on the attached Exhibits A, Band C, and by this reference incorporated herein; and 3. WHEREAS Tracts A, B, and C are the final remaining phases of the Blackriver Corporate Park, an approximately 115 acre office park (exclusive of dedicated areas described below), developed by First City; and 4. WHEREAS under conditions of a 1979 rezone, Ordinance No. 3344, and sUbdivision approvals which contemplated development of the Blackriver Corporate Park, including Tracts A and B, but excluding Tract C, First City dedicated to the City 17.5 acres for the establishment of a regional drainage detention facility known as the np-1 Pond" and for associated wildlife habitat, First City dedicated to the City approximately 10 acres for the construction of Oakesdale Avenue and other nearby streets, and First City contributed approximately 3 million dollars to an LID for the construction of Oakesdale Avenue. Further, pursuant to a 1982 rezone of Tract C, Ordinance No. 3694, which contemplated its development, First City's predecessor in interest dedicated to the City 20 acres of riparian forest for permanent open space and wildlife habitat; and 5. WHEREAS in 1988 First City applied to the City of Renton for a site plan approval for office buildings on Tract B, - 2 - r p , November 20, 1991 which site plan application was modified numerous times at the request of the City, including the addition of office buildings proposed for Tract A. Final revised site plans for Tracts A and B, submitted in 1989, formed the basis for the city's final environmental review, and those final site plans are attached hereto as Exhibits 01 and 02 and by this reference incorporated herein (these site plans and the proposed development depicted therein referred to together hereinafter as "the Project"); and 6. WHEREAS the Final Environmental Impact Statement ("FEIS") for the Project was published in March 1991 and two Environmental Mitigation Documents, one for Tract A and one for Tract B, were issued by the City's Environmental Review Committee ("the ERC") in May, 1991 (together, "ERC Document"),'which ERC Document contained mitigation conditions applicable to the project; and 7. WHEREAS First city, believing that the ERC Document contained overly restrictive and unnecessary environmental conditions not justified under the City's SEPA authority, appealed the ERC Document to the City of Renton Hearing Examiner ("Hearing Examiner"); and 8. WHEREAS Seattle Audubon, Rainier Audubon, Renton Citizens and Sierra Club are groups that are interested in the protection of wildlife and wildlife habitat in the city of Renton and elsewhere, and had concerns regarding the impacts of First City's Project on wildlife and in particular a Great Blue heron - 3 - November 20, 1991 rookery located in large cottonwood trees on an island in the P-1 Pond, shown on Figure 1-3 of the FEIS, which figure is attached hereto as Exhibit E, and incorporated by this reference herein ("Heron Rookery"); and 9. WHEREAS Seattle Audubon, Rainier Audubon, Renton Citizens and Sierra Club (collectively, "the Citizen Appellants") believing that the ERC Document did not contain measures sufficient for the protection of wildlife and wildlife habitat, and in particular the Heron Rookery, and that the FEIS did not adequately analyze the Project's environmental impacts, appealed the ERC Document and the adequacy of the FEIS to the Hearing Examiner; and 10. WHEREAS in "late April, 1991, after the FEIS had issued, one or more bald eagles through attacks on the Heron Rookery, disrupted the Great Blue herons' ("Herons") nesting in the Heron Rookery for that nesting season, caused some of the Herons to relocate their nests into the riparian forest area, and ultimately, through repeated attacks, by June 1991, caused the Herons to leave these new nests with no known young produced at the Heron Rookery and the riparian forest for the 1991 season; and 11. WHEREAS this predation by the eagles and the unknown consequences for subsequent nesting seasons caused uncertainty for the Parties regarding the appropriateness and feasibility of the ERC Document conditions which had been based on the - 4 - , November 20, 1991 assumption that the Herons would be continuing to nest in the particular location of the Heron Rookery; and 12. WHEREAS in July, 1991, while the appeals were pending, the City concluded an agreement with the Municipality of Metropolitan Seattle ("Metro"), which resulted in the City obtaining significant funds for the purchase of wetlands and wildlife habitat in accordance with the terms of that Agreement ("Metro Money"); and 13. WHEREAS the City had already obtained some funding from the King County Open Space Bond fund and King County Conservation Futures program ("Open Space Funds") which funds were targeted for City acquisition of additional portions of the Blackriver riparian forest, which exist on portions of Tract C; and 14. WHEREAS the city consulted representatives of the State Department of Wildlife ("Wildlife") regarding how to best achieve protection of the Herons given the current uncertainty regarding the Herons' nesting locations, and how to protect the other wildlife in the P-l Pond area, and Wildlife concurred that an effort to preserve the maximum amount of suitable habitat for the Herons and other wildlife was the preferable approach to an exclusive focus on particular nesting sites, and that a buffer between the proposed development and wildlife habitat, including the P-1 Pond, was also important; and 15. WHEREAS the Parties recognized that the changed circumstances including the uncertainty regarding the Heron - 5 - November 20, 1991 Rookery's future viability and the demonstrated mobility of the Herons to other parts of the P-l Pond area due to predation, the ability for the City to purchase significant additional wildlife habitat due to the combination of the Metro Money and the Open Space Funds, subject to coming to agreeable terms of purchase with First City, wildlife's approval of a habitat-based approach to conservation of wildlife resources with an effective buffer, all suggested a shift from the ERC Document's exclusive focus on protection of a ~articular nesting site towards a habitat-based approach to protection of wildlife with a buffer between the Project and the habitat, and gave the Parties a basis to negotiate a resolution to the disputes; and 16. WHEREAS First City and the citizen Appellants each believes that it would prevail in its positions and assertions regarding the above-described appeals and th~ City believes it would prevail in defense of the FEIS and ERC Document, and each of the Parties believes it would prevail in any subsequent litigation regarding this matter, but at the same time has given due consideration to the changes in circumstances and new information outlined above, the unavoidable delays and hazards of these appeals and the expenses connected thereto, and has recognized the desirability of terminating the existing and future disputes on this subject without further expense and litigation; and - 6 - , November 20, 1991 17. WHEREAS the City aqrees to purcbase a portion of Tract A that will encompass an area which soils testing and expert analysis has concluded contains soils with certain contamination exceeding standards under the State Model Toxics Control Act (MTCA), which contamination was caused by the City's depositing of dredge spoils from the P-1 Pond expansion, and the city has agreed, based upon an indemnity agreement, to assume full responsibility as between the City and First City for this area and other areas where the City deposited dredge spoils and excavated soils, now and in the future; and 18. WHEREAS the Parties wish to protect wildlife habitat and wetlands in the vicinity of the subject site and believe that this can be accomplished by the City's purchase of a portion of Tract A, including the area described above, and the majority of ,Tract C, with an option for the City to purchase the remainder of Tract C, along with the imposition of revised environmental conditions on the Project; and 19. WHEREAS the City is willing to purchase and First city is willing to sell the desired areas of Tracts A and C upon terms that are described in more detail in this Agreement and the Purchase and Sale Agreements and option Agreement which are attachments hereto; and 20. WHEREAS, as part of this Agreement, the City has also agreed to continue to pursue acquisition of portions of the - 7 - November 20, 1991 hillside (which is not in First City's ownership) north of Tract C; and 21. WHEREAS based upon the changed circumstances described above, and new information regarding the ineffectiveness and infeasibility of certain ERC Document conditions, including but not limited to the requirements for berms, archaeological study of the contaminated area, orientation of buildings away from the Metro plant and modification of site plans based on monitoring, the City has agreed to replace and supersede the ERC document with the environmental mitigation conditions agreed to by the Parties as set forth in this Agreement; and 22. WHEREAS the citizen Appellants are extremely concerned that their Great Blue Heron experts have recommended that a setback of 660 feet to 1652 feet from the Heron Rookery shown on Exhibit E is appropriate, and while the Citizen Appellants have agreed to the location of improvements and the parking garage as shown on the Schematic Site Plans which are attached hereto as Exhibits F and G, which includes the location of a portion of the garage and improvements within 600 feet, they want to emphasize that no other private improvement shall be located in the 600- foot area except as provided in section II.B and otherwise in this Agreement, and that no public improvements shall be located there unless and until the City has adopted a final Master Plan for that area; - 8 - , November 20, 1991 23. WHEREAS, First City is extremely concerned that its Great Blue Heron experts have recommended that any required setback should be no greater than 350 feet from the Heron Rookery but, nevertheless, in order to settle these disputes, First city has agreed to substantially conform to the building locations shown in the Schematic site Plans; and 24. WHEREAS the basis for the environmental conditions herein includes the city of Renton's Environmental Review Ordinance, comprehensive Plan, Green River Valley Plan, Comprehensive Parks Plan, Surface and Storm water Drainage Ordinance, Mining, Excavating and Grading Ordinance, Shoreline Master Program, Land' Clearing and Tree cutting Ordinance, Zoning Code and Site Plan Review Ordinance, City of Renton 1981 Wetlands Study and other applicable plans, studies and ordinances; and 25. WHEREAS First city and the Citizen Appellants are willing to drop their appeals of the ERC Document and the FEIS based on the terms and conditions hereof, and the City and citizen Appellants agree to support and not to oppose other governmental approvals required for construction of the project such as the site plan, shorelines permit, and building permits for the Project, as further set forth in this Agreement. NOW THEREFORE, IN CONSIDERATION of the .mutualpromises, covenants and agreements contained herein and other good and valuable consideration the legal SUfficiency of which is hereby acknowledged by the Parties, the citizen Appellants, on behalf of - 9 - November 20, 1991 themselves, their officers, directors and current members, and First City and the city hereby agree as follows with the intent that each be legally bound: II. ENVIRONMENTAL MITIGATION CONDITIONS A. Mitigation Conditions Controlling. 1. Mitigation Conditions Replace ERC Document and Are Final. The City agrees that the environmental mitigation conditions listed in this section II of this Agreement ("Mitigation Conditions") will replace and supersede the ERC document and will constitute the environmental mitigation conditions for the Project. The City and First City agree that the Mitigation Conditions will fully mitigate all environmental impacts from the Project, and that no further mitigation is necessary or appropriate with regard to the subject matter of this Agreement. The citizen Appellants believe that the Mitigation Conditions will likely mitigate all of the Project's environmental impacts and thus agree to their imposition as the Mitigation Conditions for the Project. The City Departments agree to recommend imposition of these Mitigation Conditions or impose these Mitigation Conditions. The City also agrees to impose no other mitigation conditions with respect to the subject matters addressed in the Mitigation Conditions, on all approvals required for the construction and operation of the Project, except as provided in Section II.A.2 below. -10 - November 20, 1991 2. Relationship of Mitigation Conditions to Required Permits and Approyals. a. . Other Permits and Approyals Required. The Parties recognize that in addition to the envirorunental approval embodied' by the Mitigation Conditions, First City.is required to obtain other permits and approvals, such as a site plan approval, shoreline permit and construction permits. In that regard, this Agreement recites in several ensuing Sections that more specific conditions will be imposed at the time of site pian approval and shoreline permit, with regard to the details of the Revised Project, such as requirements for the surface and stormwater drainage system, wetlands mitigation plan, transportation management plan, construction haul routes plan, and shoreline public acce'ss, which conditions are intended to be consistent with this Agreement and the Exhibits hereto which specifically address these matters. b. Additional Conditions to Be Consistent With Mitigation Conditions. The Parties desire to have as much certainty as possible regarding the conditions for the Revised Project and hereby state their intent that the conditions of the permits and approvals for the Revised Project will not conflict . with, materially enlarge or modify the Mitigation Conditions herein. To that end, the City agrees that it will only impose additional conditions to the Mitigation Conditions on the Revised Project which. do not conflict with, enlarge or modify the. -' 11 - November 20, 1991 Mitigation Conditions unless such conflict, enlargement or modification is explicitly mandated by a City ordinance in existence on the date of this Agreement other than the Environmental Review Ordinance, or as otherwise provided in this Agreement. The Parties also recognize that while they wish to bind themselves as much as possible, this Agreement cannot legally bind a future city Council and that it cannot bind quasi- judicial decisionmakers regarding permits and approvals for the Revised Project. rf a condition which conflicts with, enlarges or modifies the Mitigation Conditions is imposed on a site plan approval or shoreline permit for the Revised Project by the City staff, quasi-judicial decisionmakers or the courts, then First city may elect to terminate this Agreement, as further provided in section VI.B below. 3. Project to Substantially Comply with Mitigation Conditions. First City agrees that its applications for site plan approval, shoreline permit or other approvals required for the development of Tracts A and B pursuant to this Agreement, will be for a project that is revised to substantially conform to all of the Mitigation Conditions of this Agreement ("the Revised Project"); provided that substantially conform means that First city may only make "minor adjustments" to its Revised Project,' "minor adjustment" defined herein as any change that is less than a "major adjustment" as defined below ("Minor Adjustment"), which Minor Adjustments shall also be within the terms or the spirit -12 - ·r November 20, 1991 and intent of this Agreement, without written consent of the Parties. 4. Modifications to Reyised Project Require Agreement. If First City desires to change an explicit term of this Agreement or make a major adjustment to its Revised Project, which "major adjustment" is defined herein to be "a SUbstantial change in the Schematic Site Plan design, or increase in the total building area over the square footage shown for Tracts A and B in Exhibits 01 and 02" (any such SUbstantial change or major adjustment, hereinafter a "Modification"), First City must Obtain written consent of the Parties to such Modification. The Parties agree that they have an obligation to entertain in good faith proposals from First city for a Modification and to promptly respond in writing to any reasonable" proposal for a Modification within fifteen days from the date of receipt thereof which proposal meets the spirit and intent of this Agreement. If the Modification agreed to by the Parties requires an amended site plan approval or other new approvals, the Parties' obligations of support and non-opposition specified in Section III below shall apply to the Modification the same as to the Revised Project. If the Parties do not agree to the Modification, First City may, at its option, either pursue the Modification under new approvals, and the requirements of this Agreement including the Mitigation Conditions and the non- opposition requirements will not apply, or may enter into binding -13 - November 20, 1991 Arbitration with the other Parties as follows. If First city so elects, the Parties may seek binding arbitration regarding the issue of whether the Modification is within the spirit and intent of this Agreement and hence, should be allowed. The arbitration shall be conducted by three arbitrators (the "Arbitrators"), to be chosen as follows: First City shall choose one Arbitrator, the citizen Appellants shall choose the second Arbitrator, and the third Arbitrator shall be chosen by the first two Arbitrators. The City may elect to waive its procedures for major adjustment of a site plan and agree to be bound by the Arbitrator's decision. The cost of arbitration shall be shared equally by the Parties taking part in the arbitration. B. Conditions Regarding site Layout, Buffer. Landscaping. Fencing and Building Heights I. site layout. The Revised Project's site layout shall be in accordance with the schematic site plans ("Schematic site Plans") for Tracts A and B, which are attached hereto as Exhibits F and G respectively, and which are incorporated by this reference herein. The locations and footprints of the buildings, the parking garage, the locations of surface parking, fire lanes, landscaping and fencing shall substantially conform to the Schematic site Plans, as further detailed below. As shown on the Schematic Site Plans, the number of buildings on Tract A shall be limited to two and the number of buildings on Tract B shall be limited to three and a parking garage, unless and until a' -14 - November 20, 1991 Modif ication is approved pursuant to section II. A. '4. First City shall not locate any buildings in the area on Tract B shaded in black on the Schematic Site Plans (the "Natural Area"), but may put tree stump and natural vegetative materials ("Dead and Down Material"), and wetponds and biofiltration swales in this Natural Area. Any required maintenance within the Natural Area will be done in a manner sensitive to the wildlife in the area. The Parties recognize that First City may be required to provide to the City an easement for a public access to the P-1 Pond as a requirement of shoreline permit approval, the location of which Public Access will be decided as part of a City Open Space/Wildlife Habitat Master Planning Process, which process shall allow for public input, and any improvements to the Public Access will be provided by and maintained by the City; provided, however, that such Public Access will not alter the Schematic Site Plans except in a very minor way not inconsistent with the spirit and intent of this Agreement which is that there be no public access in the Natural Area unless and until the City has adopted a final Master Plan for that area. First City shall install a gate at the most easterly end of the City's maintenance road adjacent to Tract A where it meets oakesdale Avenue, and the city shall install a gate at the most westerly end of the City's maintenance road near the western boundary of the portion of Tract A purchased by the city, which gate locations are shown on the Schematic Site Plan for Tract A. -15 - November 20, 1991 2. Buffer. On Tract B, and the portion of Tract A remaining in First City ownership after the City's purchase detailed in section V below, there will be a landscaped and natural vegetation buffer, located in the area within 100 feet from the ordinary high water mark of the P-1 Pond/springbrook Creek, which area is shown as a cross-hatched area on the Schematic site Plans (this area known hereinafter as the "Buffer Area"). There shall be no development or activity in this Buffer Area except for the landscaping, fencing, irrigation and placement of Dead and Down Material, and any Public Access as described above (all collectively "Permitted Buffer Improvements"), and activities necessary to install, maintain and repair the Permitted Buffer Improvements. Approximately 60-70 feet of this buffer area is in city ownership, so First City will be providing approximately 30-40 feet of buffer area on its property, as shown on the Schematic Site Plans. 3. Landscaping. First City will landscape approximately 30 feet of the Buffer Area within its ownership on Tracts A and B (this landscaped area on First City's property known hereinafter as the "Landscape Area"), which Landscape Area is shown shaded in grey on the Schematic Site Plans. First City will also landscape a 30-foot strip extension of this buffer on Tract B between the Buffer Area'and the parking garage, exclusive of the fire lane area ("Landscape Extension"), which Landscape Extension is also shown shaded in grey on the Schematic site -16 - November 20, 1991 Plan. The types and locations of plant materials to be provided in both the Landscape Area and the Landscape Extension shall be in substantial conformance with the landscape areas plan which is attached as Exhibit H and by this reference incorporated herein ("Landscape Areas Plan"). First City may relocate certain existing trees on Tracts A and B to comply with the Landscape Areas Plan. As demonstrated by the Landscape Areas Plan, no berms are required. The plant materials in the Landscape Areas Plan shall be irrigated and those on the development side of the fence will be maintained by First City. First City will comply with local, state and federal regulations regarding the use of chemicals in landscape maintenance, and will accommodate all suggestions of the Parties that First City determines are economically and technically feasible regarding which herbicides and pesticides to use. First City will plant a hedge row comprised of one row of evergreen shrubs such as laurel, to be located on City property at the boundary between First city's ownership on Tract A and the portion of Tract A purchased by the city under Section V below, as shown on the Schematic Site Plan. First city shall reserve an easement on the portion of Tract A sold to the City for planting and maintenance of the hedge row. All planting materials in the Landscape Areas and the hedge row shall be subject to replacement in accordance with the City's standard three year landscape bond. -17 - November 20, 1991 4. Modification of Landscape. Yard and Setback Requirements. The portion of Tract A to be sold to the City shall be considered a part of Tract A for the purpose of the City's application of zoning code and landscaping requirements. The City recognizes that unique landscaping and setback requirements have been imposed as part of this Agreement to deal with the unique sensitivities of this site, which requirements do not meet the strict requirements of the city's zoning and landscape ordinances, but which weet the spirit and intent of those ordinances. The City therefore agrees to waive its standard code landscaping, yard and setback requirements for the Revised Project to the extent that these requirements exceed or are inconsistent with the landscaping and setback requirements set forth in this Agreement, or inconsistent with the Schematic site Plans. 5. Fence. First city shall install a six-foot tall chain-link fence with earth tone-colored slats in the areas described as follows. On Tract A, the fence shall run from the western property boundary of the portion of Tract A First City retains after the City's acquisition and along the P-1 Pond to the northeast corner of Building B. On Tract B, the fence shall be located in the Landscape Extension, described in Section II.B.3 above. These fence locations are shown on the Schematic site Plans with a dashed line and the fence locations shown on the Schematic site Plans shall control over the text of this -18 - November 20, 1991 Agreement. The exact location of the fence relative to the plantings within a portion of the Landscape Area on Tract A and the Landscape Extension on Tract B is shown in more detail on the Landscape Areas Plan. 6. Building Height Limitations. First city will limit the height of the buildings on Tract B to five stor~es from finished grade, and will limit the height of the parking qarage on Tract B to four stories from finished grade. First city. will limit the height of the buildings on Tract A to four stori~s from finished grade. C. Conditions Regarding Construction Season Limits.Monitoring 1. Construction Season Limitations. First City shall observe seasonal limitations on certain construction activities in certain locations specified below for the period beginning January 15 and ending on June 15 ("Construction Season Limitations") of any given year to protect the nesting of Herons at the Heron Rookery shown on. Exhibit E, subject to the follow conditions: a) Limitations Applicable Only to Major Outdoor Construction. The Construction Season Limitations shall apply only to "major outdoor construction" defined herein to mean "preloading, grading, foundations, structural steel, installation of dryvit panels, roofing and hardscape" ("Major Outdoor Construction") as'distinguished from minor construction and -19 - November 20, 1991 interior work defined herein to mean "rough-in mechanical and electrical, glazing installation, interior shell finish, and tenant improvements" ("Minor Construction and Interior Work"). Landscaping, which shall not include grading or the use of· heavy equipment, will not constitute Major Outdoor Construction and may be installed at any time, and is not subject to the Construction Season Limitations. b) Limitations Applicable Only in Construction Limit Zone. The Construction Season Limitations shall only apply to Major Outdoor Construction conducted within a 700-foot radius of the Heron Rookery shown on Exhibit E, measured from the nearest heron tree in the Heron Rookery, and the location of this 700-foot radius is shown superimposed on the Schematic site Plan on the attached Exhibit I ("Construction Limit Zone"). This means that the Construction Limit Zone encompasses only a portion of the sitework on Tract A and a portion of the sitework and a portion of the parking garage on Tract B, as shown on Exhibit I. c) Monitoring If First City Wants to Begin Construction Early. If First City believes that the Herons have not returned to nest at the Heron Rookery by March 15 of any year, and wishes to begin construction prior to June 15 of that year, First city must monitor the Heron Rookery to produce corroborating evidence of the Herons' absence. The monitoring must be conducted by a person with educational credentials and expertise in wildlife biology, and if possible, Heron behavior -20 - November 20, 1991 (such person to be known as a "Heron Expert") from a list of per'sons that shall be aqreed upon by the Parties within 90 days ,of execution of this Aqreement. The Heron Expert must monitor the Heron Rookery daily for at least one week prior to and again on March 15 to determine whether any pairs of Herons at the Heron Rookery are actively engaged in continuous nest building, nesting, hatching or fledging activities ("Heron Nesting Activities"). If the Heron Expert determines that there are no Heron pairs engaged in Heron Nesting Activities for one week prior to and on March 15, then Major Outdoor Construction can occur within the Construction Limitation Zone after the completion of the one week monitoring, but no sooner than March 16 of that year. d) Good Faith Efforts to Giye Additional Limitation Period. For any year in which the Construction Season Limitations are required, First City shall make a good faith effort to structure its construction schedule as is economically and technically feasible for the portion of the parking garage located within the Construction Limitation Zone such that First City minimizes Major Outdoor Construction in this area between the period from January 1 to January 15 and the period from June 15 to July 1 for that year ("Additional Limitatfon Period"). First city agrees to share its construction schedule for the parking garage with the representatives of the Citizen Appellants designated to receive. notices in Section VI below, or their -21 - November 20, 1991 successors, and in good faith to accommodate all suggestions which First city determines are economically and technically feasible regarding minimizing construction impacts on Heron Nesting Activities during the Additional Limitation Period. e) Monitoring If citizen Appellants pes ire Additional Protection outside of Construction Limit Zone. If the citizen Appellants or the city believes that First City's Major Outdoor Construction activities outside of the Construction Limit Zone during the Construction Limitation Season are having adverse impacts on Heron Nesting Activities, they may engage a Heron Expert at their expense to conduct monitoring to determine whether the Herons are experiencing adverse impacts and whether this disruption is causally related to First City's Major Outdoor Construction activities. The Heron Expert shall present any evidence of adverse impacts and the causal relationship to First City, which evidence can be confirmed or contested at First city's option by a second Heron Expert, chosen by First City. If the Citizen Appellants' or the City's Heron Expert and First city's Heron Expert agree that monitoring shows adverse impacts to the Herons that are causally related to First City's Major Outdoor Construction activities, these Experts shall make a joint recommendation for institution of construction protective measures to reduce Major Outdoor Construction Impacts, including but not limited to screening of construction and additional noise buffers ("Construction Protective Measures"). If the two Heron -22 - •. November 20, 1991 Experts cannot agree, the issue will be submitted to a third Heron Expert chosen by the first two Heron Experts, the cost of such Heron Expert to be shared equally by First City and the Party who engaged the first Heron Expert, who will decide whether or not adverse impacts exist, whether there is a causal relationship and if so, will recommend Construction Protective Measures. If it is determined by the. Heron Expert(s) as set forth above that adverse impacts on the Herons are being caused by First city's Major Outdoor Construction activities, First City will in good faith institute those Construction Protect'ive Measures that First city determines are economically and technically feasible to accommodate the joint recommendation of the two Heron Experts, or if there is disagreement, the recommendation of the third Heron Expert. The Parties understand that time is of the essence and will make best efforts to expedite the actions contemplated by this section. 2. Other Construction Limitations. First City shall use only auger-cast-in-place piling and shall not engage in any pile-driving in construction of any of the structures shown on the Schematic Site Plan. First city will comply with the City's noise ordinance and other construction noise limitation conditions routinely applied by the City to all projects, which conditions shall be imposed as a part of the site plan approval. , -23 - November 20, 1991 D. Conditions Regarding Extended Site Plan Approval, Phasing. site Plan Approval Submittal. vesting 1. Extended site Plan Approval. The City shall recommend that the Hearing Examiner grant an eight year extended site plan approval for the Revised Project, with one potential two-year extension (for a total of ten years), and the city shall recommend no conditions and take no actions inconsistent with this extended site plan approval. 2. Phasing of Extended site Plan. In accordance with the City's site plan ordinance, the eight year site plan approval for the Revised Project shall contain a proposed phasing as follows, with the understanding that the number of buildings listed for each phase can be constructed on either Tract A or B and that all time periods are to be measured from the date of final site plan approval: Phase I --at least one building shall be commenced in the first three years; Phase II at least three buildings shall have commenced in the first six years; Phase III --at least five buildings shall have commenced in the eight years; provided, however, that if any of the Phases cannot be commenced in the time periods set forth above, the Hearing Examiner shall, within thirty days of First city's written request and based upon a showing of good cause for delay, including circumstances such as lack of available financing, tenants or other market conditions, ("Good Cause") grant an extension of the time for commencement of that phase as -24 - November 20, 1991 necessary, but not beyond the eight year period; provided, however, that one two-year extension of the eight year extended site plan approval shall be granted within thirty days of First City's written request therefor if, in the discretion of the Hearing Examiner, substantial progress has been shown and there is Good Cause for such extension. The parking garage may be constructed at any time within the extended site plan period. The Hearing Examiner's determination with regard to extension of the phases or extension of the site plan period as set forth above shall be appealable to the City Council within 15 days of the Hearing Examiner's decision regarding the requested extension. 3. No Additional Phasing Requirements. Other than the phasing requirements of the extended site plan approval in Section 11.0.2, the Construction Season Limitations in Section 11.C and the requirement to substantially comply with the Schematic Site Plans (Revised Project) as specified in Section A.3, there shall be no other restrictions regarding when and where the buildings and parking garage on Tracts A and Bare constructed. 4. Requirements for site Plan Application. The application for site plan approval shall consist only of a site plan as specified by the City's site plan ordinance, schematic building elevations, landscape plan, schematic grading, drainage and utilities plan, and schematic wetlands mitigation plan. -25 - November 20, 1991 Detailed planting plans, architectural and engineering plans, construction haul route plan and other similar plans of this specificity and detail will not be required until the time of construction permit application. A Transportation Management Plan as further set forth below must be submitted at the time of building permit application for each building, and approved by the City prior to issuance of occupancy permits for each building. 5. Vesting. To the extent permitted by applicable law, the City agrees that the Revised Project shall be vested to those zoning, shorelines, wetlands, parking, site plan and other land use ordinances in effect at the date of this Agreement, and that the Revised Project will not be subject to the requirements of any new ordinances not in effect on the date of this Agreement. The City will use its best efforts to ensure the vesting of the Revised Project, including but not limited to, broadly interpreting its vesting protection for extended site plan approvals, and ensuring that "vesting grace" is provided for the Revised Project in new ordinances which address wetlands, wildlife habitat, parking or other subjects which could impose requirements additional to or conflicting with the Mitigation Measures in this Agreement. The city recognizes that the shoreline permits for this project may expire prior to the commencement of construction of all of the buildings anticipated for the Revised Project under the extended site plan approval, -26 - • November 20, 1991 and the City agrees that these shoreline permits for the Revised Project shall be re-issued as necessary for the life of the extended site plan approval, despite any changes in the shoreline program, in accordance with the terms of this Agreement. This vesting does not apply if the approved site plan expires nor is it binding on the courts or the Shorelines Hearings Board. E. Conditions Regarding Drainage and Water Quantity. 1. Drainage to be Accommodated by P-l Pond. The City recoanizes, based upon prior agreements with First City and upon drainage calculations which show sufficient capacity, that the P- 1 Pond is sufficient to handle the quantity of surface and storm water run-off anticipated from the Revised Project. The City therefore agrees that there will be no requirements placed on the Revised Project inconsistent with the agreement that run-off from the Revised Project will enter the P-1 Pond without detention. 2. Compliance with City Stormwater Ordinance. First City shall design and operate the surface and storm water run-off system for the Revised Project in compliance with the City's Surface and Stormwater Drainage ordinance in effect at the date of this Agreement, including the use of wet ponds and biofiltration swales, and any required downstream analyses, as provided in that ordinance. Review and approval of First City's schematic drainage plan will occur at site plan approval, but this approval shall not contain any conditions which impose -27 - November 20, 1991 requirements which exceed or are inconsistent with this Agreement. 3. P-1 Pond Water Quality Management Plan. If the City implements a water quality management plan ("P-1 Plan") to reduce water quality impacts on the P-1 Pond, to be paid for by all landowners who contribute run-off to the P-1 Pond, First City shall contribute its proportionate share of the funding for the P-1 Plan so long as all other owners contribute their proportionate share of the funding; provided, however that First City retains the ability to challenge the City's allocation of costs to First City under the P-1 Plan. The City may provide for reasonable classifications, rate reductions and exemptions without violating this section, as long as these are rationally based and not fundamentally unfair. 4. Wetlands Mitigation. First city shall mitigate for the proposed filling of approximately Q.14 acres of wetlands with low functional values on Tracts A and B by creating an additional new or enhanced wetland area adjacent to the old Black River channel on Tract B. A schematic wetlands mitigation plan, containing the elements set forth in Exhibit M attached hereto and by this reference incorporated herein shall be submitted to the City as part of the site plan approval. Site plan approval of the wetland mitigation plan shall not contain any conditions which impose requirements which exceed or are inconsistent with this Agreement. -28 - • November 20, 1991 5. Wetlands Buffer. First City shall establish a buffer around the old Black River channel wetland on Tract B averaging 50 feet in width with no portion of the buffer to be less than 25 feet in width. F. Conditions Regarding Traffic. Parking Garage and Parking Construction 1. Traffic Mitigation Fee Credit. There shall be no traffic mitigation fees required of First City for the Revised Project. 2. Transportation.Management Plan. First City will be required to submit a Transportation Management Plan ("TMP") for the Revised Project at the time of building permit applications which TMP shall contain the elements and goals listed in Exhibit J, attached hereto and incorporated herein by this reference. The TMP must be approved by the City's Development Services Division in accordance with the elements and goals set forth in Exhibit J prior to the issuance of occupancy'permits for any of the buildings in the Revised Project. The City may not impose TMP requirements for the Revised Project which exceed or are inconsistent with those set forth in Exhibit J, and the City agrees to expeditiously review the TMP. 3. Construction Haul Routes Plan. Prior to commencing construction, First City shall have a haul routes plan for controlling construction transportation impacts approved by the City. First city will cooperate with reasonable City efforts -29 - November 20, 1991 to coordinate construction haul routes with other projects under construction at the same time in the immediate vicinity. First City agrees to ensure that truck and wheel washing be accomplished on site before each haul trip. First City also agrees that it will limit hauling hours for large construction vehicles in accordance with applicable city standards. 4. Parking Garage. The parking garage shall be constructed in compliance with applicable City standards. The north wall of the lower three levels of the parking garage shall be a solid blank wall. The top level of the garage shall be open; however, the north wall of the garage will be extended to a height of 48 inches from floor level. A reasonable number of potted plantings shall also be placed on the top level of the parking garage to provide visual relief and reduce some incidental headlight glare, provided that parking requirements can still be met. The City shall permit First City to locate temporary parking for Tract B on Tract A during the construction of the surface parking and the construction of the parking garage. 5. Construction Area pemarcation. During construction of the buildings and parking garage on Tract B, First City will be required to demarcate in a highly visible manner the boundaries of construction. -30 - • November 20, 1991 G. Miscellaneous Architectural Issues. Light and Glare. Building Colors. Archaeological Issues. cumulative Impacts. contamination Issue 1. Architectural Issues. The buildings in the Revised Project will be located substantially as indicated on the Schematic Site Plans. The colors of the building skins shall be subdued colors, including colors such as browns, tans,. off- whites, greens, grays, and blues. The windows shall be glass with a non-reflective coating. No window hoods will be required. There will be no other design requirements regarding the buildings. 2. site Lighting. First City shall use down light standards in its parking areas and other lighted site areas. 3. . Archaeological Survey. The archaeological survey already conducted for the site will satisfy requirements to quantify the Revised Project's archaeological impacts and no further archaeological survey is required for the Revised Project. The portion of Tract A which has not been subject to an archaeological survey, is substantially the portion being sold to the City pursuant to Section V below, and thus, the need for any additional archeological survey is eliminated. 4. contaminated Area. There shall be no requirements such as use or construction limitations or signage requirements imposed by the City to address the issue of contamination under MTCA or other laws, as the contaminated porti"on .of Tract A is being sold to the City pursuant to Section V below. -31 - November 20, 1991 III. AGRBEMENT TO SOPPORT REVISED PROJECT. NON-OPPOSITION A. First City withdrawal of Appeal. First City agrees to withdraw its appeal of the ERC Document upon execution of this Agreement, as further provided in section VI.F below. B. city Obligations 1. Mitigation Conditions Final Exercise of City SEPA Authority. The City agrees that the Mitigation Conditions replace and supersede the ERC Document and that the Mitigation Conditions are the final exercise of its SEPA authority for the Revised Project. The City will not assert continuing SEPA authority to request or impose SEPA conditions additional to or inconsistent with the Mitigation Conditions at the site plan approval, the shoreline permit, the building permit, or in any subsequent permitting process for the Revised Project, nor will the city bring any SEPA challenge regarding the Revised Project; provided, however, that this Agreement cannot bind quasi-judicial decisionmakers and that new SEPA authority may be asserted by the City if First city makes a Modification to its Revised Project as defined in section II.A.4 above, if that Modification requires new SEPA review. 2. city Support of Approyals for Reyised Project. The city Administration agrees that it will support the Revised Project. The City Administration agrees that City staff will recommend approval of a site plan application for the Revised -32 - • November 20, 1991 Project to the Hearing Examiner and if appealed, will support the site plan approval before the City council. City staff. will also approve a shoreline permit for the Revised Project, in accordance with this Agreement and the requirements of its Shoreline Master Program, and support this shoreline permit in any appeals to the Hearing Examiner or Shorelines Hearings Board. The City further agrees that it will not recommend imposition of additional requirements. with regard to the subject matter of this Agreement, which requirements exceed or are inconsistent with the Mitigation Conditions, on any City permits or approvals required for the construction or operation of the Revised Project, except as provided in section II.A.2 above. 3. City Support of Approyals with Third Parties. The City agrees not to encourage or assist other individuals or entities to oppose, appeal or otherwise delay the site plan approval, shoreline permit, building permit or other permits required for construction or operation of the Revised Project. 4. Expeditious Processing of Approvals. The City agrees to use its best efforts to expeditiously process the site plan approval, shoreline permit, building permit and other permits and approvals required for the construction or operation of the Revised Project. More specifically, when First city submits a complete site plan application package, the City will use all practicable means to have a site plan approval recommendation ready within six weeks of that submittal. The -33 - November 20, 1991 city also agrees to use best efforts to expeditiously process building permit applications in order that First City can meet the Construction Season Limitations in Section II.C above, if applicable. C. citizen Appellant Obligations 1. Withdrawal of Appeals. The citizen Appellants agree to withdraw their appeal of the ERC Document, and to withdraw their appeal of the FEIS, upon execution of this Agreement as further provided in section VI.F below. 2. Non-Opposition to Governmental Approvals; Agreement to Forego Further Appeals. The Citizen Appellants agree on behalf of their associations, their officers, directors, current members in their capacity as members, and successors that they will bring no further challenges to the Revised Project based on SEPA, and that they will not oppose First City's application for site plan approvals, shoreline permits, building permits, and any other existing or future governmental approvals including, but not limited to, permits or licenses or any other governmental actions (all collectively, "Governmental Approvals") which First City has sought or in the future may seek for construction or operation of the Revised Project. The Citizen Appellants' agreement not to oppose Governmental Approvals includes non-opposition before the approval-granting authority and non-opposition through administrative appeal or litigation. The sole exception to this non-opposition requirement is that the -34 - November 20, 1991 Citizen Appellants retain the right, should the Hearing Examiner deny the final two year extension of the site plan approval based on a finding of no Good Cause, to support the Hearing Examiner's denial. The Citizen Appellants also agree on behalf of their associations, their officers, directors, current members in their capacity as members, and successors, not to take any other actions which might have the effect of stopping or delaying construction of the Revised Project or increasing the cost of the Revised Project. The Citizen Appellants do not waive their right to insist that the Revised Project be constructed in conformance with the Mitigation Conditions and with consistent conditions attached to other Governmental Approvals, subject to Section II.A.4 above on Modifications to the Revised Project. The Citizen Appellants agree that neither they, nor their officers, directors, current members in their capacity as members, or successors will in any way assist, aid or cooperate with other persons or entities who oppose the Revised Project or who contemplate opposing the Revised Project in any of the manners described in this paragraph. 3. Best Efforts to AyoidThirdParty opposition. The Citizen Appellants, their officers, directors, current members in their capacity as members, associate members, and successors agree to use their best efforts to support the Revised Project and to persuade any individuals or groups not bound by this Agreement to support the site plan approval, shoreline permit, -35 - November 20, 1991 building permits and other Governmental Approvals for the Revised Project and to use best efforts to dissuade any such individuals or groups from bringing administrative appeals or litigation to challenge such Governmental Approvals for the Revised Project. 4. Non-Opposition. Support Applicable to Agreed Modifications of Project. If the Parties approve a Modification as set forth in section II.A.4 above, the non-opposition and support obligations set forth in this paragraph shall also apply to the Modification of the Revised Project. IV. CITY PURCHASE OF A PORTION OF TRACT A The City agrees to purchase and First City agrees to sell a portion of Tract A of the Blackriver corporate Park ("the City Tract A Property") under the terms and conditions set forth in the Real Estate Purchase and Sale Agreement for a Portion of Tract A and its attachments ("the Tract A Purchase Agreement") which is attached hereto as Exhibit N and by this reference incorporated herein. The city Tract A property is depicted on Attachment A and is legally described on Attachment B to the Tract A Purchase Agreement. Closing of the city's purchase of City Tract A shall be contingent upon First city obtaining an acceptable final site plan approval and shoreline permit for the Revised Project which contingency may be waived by First City, all as further provided in Section VI.B below. -36 - November 20, 1991 V. CITY PtJRCBASB 01' PORTIONS 01' TRACT C A. Purchase of the city Tract C Property. The City aqrees to purchase, and First city aqrees to sell to the City, "Lots 5, 7, 8, 9, 10 and a portion of Lot 6 of Tract C of the Blackriver Corporate Park ("the City Tract C Property") under the terms and conditions set forth in the Real Estate Purchase and Sale Agreement for a Portion of Tract C, including its attachments (lithe Tract C Purchase Agreement"), which is attached hereto as Exhibit 0 and by this reference incorporated herein. The City Tract C Property is depicted on Attachment A and legally de"scribed on Attachment C of the Tract C Purchase Agreement. Closing of the City's purchase of the City Tract C Property is contingent upon First City's obtaining an acceptable final site plan approval and shoreline permit for the Revised Project, which contingency may be waived by First City, all as further provided in Section VI.B below. B. Purchase of Tract C Option Property. First City agrees to grant the City a two year option to purchase the portion of Tract C remaining after the purchase of the city Tract C Property, to wit, Lot 3, Lot 4 and the remainder of Lot 6 of Tract C ("the Tract C Option Property") under"the terms and conditions set forth in the Option Agreement including its attachments, which are attached hereto as ExhibitP and by this reference incorporated herein. The Option Agreement is -37 - November 20, 1991 contingent upon the closing of the City's purchase of the City Tract C Property, as provided therein. VI. GENERAL PROVISIONS A. Entire Agreement Included; Modification This Agreement and the attached exhibits contain the entire agreement between the Parties with respect to the subject matter hereof and shall not be modified or amended in any way except in writing signed by the duly authorized representatives of the Parties or their successors in interest. Modifications of the portions of this Agreement which address the Revised Project are dealt with more specifically in section II.A.4 above. B. contingent Nature of this Agreement In the event that First City is unable to obtain an acceptable site plan approval or shoreline permit which First City deems to be consistent with this Agreement for construction of the Revised Project, or if there are any appeals or litigation of First city's site plan approval or shoreline permit, then at the option of First City, this Agreement shall terminate, the Purchase and Sale Agreements and Option Agreements shall be null and void, and the Parties shall be returned to their original positions prior to the Agreement. The closing of the Purchase and Sale Agreements and option Agreement attached hereto is contingent on First city's obtaining an acceptable final site plan approval and final shoreline permit for the Revised Project, -38 - November 20, 1991 which contingency may be waived by First City at its sole option. c. pispute Resolution The Parties to this Agreement agree to in good faith attempt to resolve among themselves disputes which may arise under this Agreement prior to resorting to litigation. D. Enforcement The Parties agree that the remedies at law for any breach of the agreements contained herein would be inadequate and in the event of a breach of this Agreement, the aggrieved Party shall be entitled to equitable relief including injunctive relief. While First City may also seek damages for any such breach against the City, First City and the Citizen Appellants agree that their only remedy against each other is injunctive relief; provided, however, that this does not waive First City's or the Citizens Appellants' right to seek and enforce an injunction bond. E. Agreement to Bind Successors This Agreement is intended to be and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties and upon any and all purchasers of the real property which is a subject of this Agreement. The benefits and burdens upon the Parties created by this Agreement shall be and create a covenant upon and shall run with and be appurtenant to the real property which is a subject of this Agreement. -39 - November 20, 1991 F. stipulated Dismissal of Hearing Examiner Appeals Upon execution of this Agreement, the Parties agree to execute and file with the Hearing Examiner the stipulated dismissal of appeals ("stipulated Dismissal") in the form attached hereto as Exhibit K and by this reference incorporated herein. The Parties agree that they shall sign, deliver and file the stipulated Dismissal the same working day as the execution of this Agreement or within one working day thereafter. G. Joint Press Release The Parties agree that upon execution of this Agreement, they will jointly issue a press release in substantially the form attached hereto as Exhibit Land incorporated herein by this reference. The Parties agree not to comment to the press in a manner that would call this Agreement into question and agree that for as long as any provision of this Agreement remains in force that each shall work to maintain as positive a public attitude towards each other as possible. H. Manner of Giving Notice Any notice or other communication of any sort required or permitted to be given hereunder shall be in writing and shall be sufficiently given if personally delivered or mailed by certified mail as follows: If to Seattle Audubon or Rainier Audubon: Mr. Gerry Adams 28803 N.E. Big Rock Road Duvall, WA 98019 -40 - with a copy to: Seattle Audubon Society c/o John Lundin 8028 -35th Avenue N.E. Seattle, WA 98115 November 20, 1991 If to citizens for Renton Wildlands Preservation or Sierra Club: Ms. Susan !Crom 3640 Ashworth North Seattle, WA 98103 If to City of Renton: Mayor, City of Renton 200 Mill Avenue South Renton, WA 98055 with a copy to: Mr. Larry Warren City Attorney 100 South Second Street Post Office Box 626 Renton, WA 98057 If to First City: Mr. Dean Erickson First City Washington, Inc. 700 Fifth Avenue, Suite 6000 Seattle, WA 98104 with a copy to: Ms. Amy L. Kosterlitz Buck & Gordon 902 Waterfront Place 1011 Western Avenue Seattle, WA 98104 I. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. -41 - November 20, 1991 J. Effect of Recitals. Headings The recitals set forth in section I above are a material part of this Agreement and are fully incorporated in its terms. The headings and subheadings contained in this Agreement are solely for the convenience of the parties. The headings and subheadings are not part of this Agreement and are not to be used in construing this Agreement. K. Legal pescriptions First City retains the right to modify the legal descriptions of Tracts A, Band C to reflect the correct legal descriptions for these Tracts, and to insert any necessary corrections into Exhibits A, Band C without the necessity for additional signatures. L. Severability In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications or supplements of or to this Agreement or such other actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein. The other provisions of this Agreement shall remain in full force and effect. -42 - November 13, 1991 Parties as reflected herein. The other provisions of this Agreement shall remain in full force and effect. M. Authority to Bind The signatories hereto represent and warrant that they have the authority to bind their respective organizations or corporations. EXECUTED this ;t . ~Vl?""'~ day of ______________ , 1991. CITY OF RENTON, a Washington municipal corporation By 1 (l~ ~'-'fz~ "- Ear Clymer [, Mayor \...: ATTEST: B~~ CiYCl AP.~p:: " ro FORM, By _~ ~1lc..--v-­ . ty Attorney FIRST CITY WASHINGTON, INC., a Washington corporation By ____________________ ___ Its ______________________ __ By ____________________ ___ Its -42 - November 13, 1991 Parties as reflected herein. The other provisions of this Agreement shall remain in full force and effect. M. Authority to Bind The signatories hereto represent and warrant that they have the authority to bind their respective organizations or corporations. EXECUTED this ~ day of J.Vf-W\-~-v" CITY OF RENTON, a Washington municipal corporation By =-~-= ______________ ___ Earl Clymer Mayor· ATTEST: By =r.,....--=,---,----------------city Clerk APPROVED AS TO FORM: By ~~~~----------------city Attorney FIRST CITY WASHINGTON, INC., a Washington corporation By // A~6f! =' ~ii~ml V. Be lA.'f.Y Its ---,J..!...-==-=,,:*+-..,..c.=--=---- Its ___ ..!:::;DEAN~,;..:R;,;' E;:,;R:;;.IC~KS;;::O:..:..:N~ VICE PRESIDENT -42 - , 1991. • SEATTLE AUDUBON SOCIETY, a Washington non-profit corporation ByG.A~ Its pi(. c:S (bel'\.J\ RAINIER AUDUBON SOCIETY, an unincorporated association of citizens CITIZENS FOR RENTON WILDLANDS PRESERVATION, an unincorporated association of citizens SIERRA CLUB CASCADE CHAPTER, a Washington non-profit corporation By 5S aJ\~ 1\~ Its ~'IIJU~ ~t -.44 - November 20, 1991 November 13, 1991 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this # day of d~ , 1991, before me personally appeared KENNETH BELLAMY of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporatfon. In Witness Whereof I have hereunto set my hand and affixed by official seal the day and year first above written. STATE OF WASHINGTON ) ) ss.· ~n and for t~State of residing at~wt~ Expires: y-1u -h COUNTY OF KING ) On this ,QO day of ~.t;??~ i 1991, before me personally appeared GERRY i AMS, president of the Seattle Audubon Society and authorized agent of Rainier Audubon Society, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation and unincorporated association of . citizens, respectively, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument of said non-profit corporation and unincorporated association of citizens. In Witness Whereof I have hereunto set my hand and affixed by official seal the day and first above written. -45 - ~n ~n~ for th~~S te of res~d~ng at __ Expires: 7-'Z-- November 13, 1991· STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 11iX, day Of~ , 1991, before me personally appeared EARL c~MER;:MAYOR of the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act ~nd deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the official seal of said municipal corporation. In Witness Whereof I have hereunto set my hand and affixed by official,seal the day and year first above written. dlJ Notar~y~~~~c~~n~a~.n~d~.~f~o~r~t~~h~e--S~t~a-t~e~o~f-- ~~. , res~d~ng at ___ MYconunrssion Expires: /.1_ .. .- STATE OF WASHINGTON ) ) ss. CO.UNTY OF KING ) On this ~ day of /~~ , 1991, before me personally appeared DEAN ERICKSON of. the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed. of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was 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 by official seal the day and year first above written. residing at ~ n and for th~e tate of Expires: __ =z~~~~~~~ __ __ -44 - November 20, 1991 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ~ On this ~ day of ~~, 1991, before me personally appeared SUSAN ~ ~t of Citizens for Renton Wildlands Preservation and authorized agent of Cascade Chapter Sierra Club that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said unincorporated association of citizens and non- profit corporation and, respectively, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument of said non-profit corporation and unincorporated association of citizens. In Witness Whereof I have hereunto set my hand and affixed by official seal the day and year first above written. ~n ~n~ for t~st~Of res~d~ng at ~ • Expires: 7--7-- -47 - · I Exhibit A B C 01/02 E F G H I J K L M N o P FC17S01Ylll191JtLJC November 20, 1991 EXHIBITS TO MEMORANDUM OF AGREEMENT Tract A Legal Description Tract B Legal Description Tract C Legal Description Original site plans FEIS Figures 1-3 showing Heron Rookery Tract A Schematic site Plan Tract B Schematic Site Plan Landscape Areas Plan Construction Limit Zone Transportation Management Plan Goals and Elements Stipulated Dismissal Press Release Wetlands Mitigation Plan Elements Real Estate Purchase & Sale Agreement for a Portion of Tract A and Attachments Real Estate Purchase & Sale Agreement for a Portion of Tract C and Attachments option Agreement and Attachments -48 - EXHIBIT A BUSH. ROED & HITCHINGS. INC. LEGAL DESCRIPTION -TRACT A THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, AND OF THE NORTHWEST QUARTER OF SECTION 24, SAID TOWNSHIP AND RANGE, DE- SCRIBED AS' FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 13 WITH THE SOUTHWESTERLY LINE OF TRACT A, WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 TO 102, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID SOUTH- WESTERLY LINE AND ON A CURVE OF WHICH THE RADIUS POINT BEARS NORTH 55°39'29" EAST 422.96 FEET, A DISTANCE OF 87.91 FEET; THENCE NORTH 22°26'02" WEST ALONG SAID SOUTHWESTERLY LINE 263.09 FEET TO A LINE DESIGNATED "PERMANENT EASEMENT BOUNDARY" ON U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE MAP, SHEET 1 OF 3, ENTITLED "LAND RIGHTS WORK MAP, P-1 CHANNEL, EAST SIDE GREEN RIVER WPP, CITY OF RENTON, KING COUNTY, WASHINGTON;" THENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF WHICH BEARS NORTH 5°24'02" EAST 165.04 FEET, A DISTANCE OF 112.06 FEET TO A POINT OF REVERSE CURVE, THE RADIUS POINT OF WHICH BEARS SOUTH 44°18'11" WEST 172.96 FEET; THENCE ALONG SAID REVERSE CURVE AND SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367.02 FEET TO A LINE WHICH BEARS NORTH FROM A POINT ON THE SOUTH LINE OF SAID SECTION 13 WHICH IS 1271.76 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY LINE OF OAKESDALE AVENUE; THENCE SOUTH 70°46'34" EAST ALONG SAID NORTH- EASTERLY LINE 13.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING A RADIUS OF 922.73 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY THEREON; THENCE CONTINUING ALONG SAID NORTHEASTERLY MARGIN SOUTH 65°13'51" EAST 778.46 FEET TO THE SOUTHWESTERLY LINE OF SAID TRACT A, WASHINGTON TECHNICAL CENTER; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ON A CURVE TO THE RIGHT HAVING A RADIUS OF 422.96 FEET, A DISTANCE OF 110.02 FEET TO BEGINNING. TOGETHER WITH TRACT A OF THE PLAT OF WASHINGTON TECHNICAL CENTER, AS PER PLAT RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY. THE ABOVE DESC~~~~~~~~~ONT'AINS 525,535 SQUARE FEET OR 12.0646 ACRES. i 1 FIRST CITY WASHINGTON, INC. STEVEN A. HITCHINGS, P.L.S. NOVEMBER 6, 1991 JOB NO. 91400/SUR 53-B -- EXHIBIT B BUSh •• cOED A HITCHINGS. INc:. LEGAL DESCRIPTION -TRACT B That Portion of Tract D, Waahlngton Technical Center, aa recorded ln Voluae 122 of Plata, Pagea 98 through 102, recorda of Klng . county, Waahlngton, lying Northerly of Southweat 7th Street aa deeded to the City of Renton by deed filed under Recorder's No. 8702100643, and Westerly of Naches·Avanue Southweat aa deeded to the Clty Of Renton by deed fi~ed under Recorder'a No. 8702100644. recorda of aald County. .- 86083 A;'" e.u.r.r: D/ EXHIBIT C ( BUSH( r<OED 8: HITCHINGS. INC. LEGAL DESCRIPTION TO TRACT C NEW PARCEL I: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANCE 4 EAST AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.H., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST QUARTER WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUHE 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH SS·IS'OO" WEST ALONG SAID NORTH LINE 1,099.78 FEET; THENCE NORTH 1 ·45' 00" EAST 418.89 FEET TO A POINT ON THE SOUTHERLY LINE OF THE CHICAGO, ~ILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE WITH A RADIUS OF 1005.37 FEET, THE RADIUS POINT OF IlHICH BEARS NORTH 3s01S'OS" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SOUTHERLY LINE 346.30 FEET; THENCE SOUTH 71 • 29' 03" EAST ALONG SAID SOUTHERLY LINE 912. OS FEET TO THE NORTH LINE OF THE SOUTH 650.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH S9°10'25" WEST ALONG SAID NORTH LINE S1.57 FEET TO THE POINT OF BEGINNING, CONTAINING 5.0000 ACRES. • FIRST CITY DEVELOPMENT CORP. APRIL 19, 1988 ARTHUR L. HITCHINGS BRH JOB NO. S6114.04 SURV. 20A I \i . , ( BUSh ..• OED 8: HITCHINGS. INC. NEW PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., KING COUNTY, WASH INCTON , DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST QUARTER WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88'15'00" WEST ALONG SAID NORTH LINE 1099.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'15' 00" WEST ALONG SAID NORTH LINE 526.73 FEET; THENCE NORTH 1'45' 00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 853.34 FEET A DISTANCE OF 209.55 FEET; THENCE NORTH 12'19'12" WEST 30.76 FEET; THENCE SOUTH 71'42'49" EAST 218.86 FEET; THENCE SOUTH 88'15'00" EAST 350.00 FEET TO A POINT WHICH BEARS NORTH 1'45'00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°45'00" WEST 400.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 5.000 ACRES, TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.H., IN KING COUNTY, WASHINCTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88'15'00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1'45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12'19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERHINUS OF SAID CENTERLINE • • · ' I .. ( ( NEil PARCEL 3 THAT pORTtON OF THE SOUTHEAST QUARTER OF SECTION 13, TOII~SHIP 23 NORTH, RANGE 4 EAST, II.M., KING COUNTY, IIASHINGTON, DESCRIBED AS FOLLOIIS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST QUARTER IIITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF IIASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECOROS OF SAID COUNTY; THENCE NORTH 88°15'00" IIEST ALONG SAID NORTH LINE 1099.78 FEET; THENCE NORTH 1 °45' 00" EAST 400.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°15'00" IIEST 350.00 FEET; THENCE NORTH 71 ° 42' 49" WEST 218.86 FEET; THENCE NORTH 12 °19' 12" IIEST 109.81 FEET; THENCE SOUTH 71°22'34" WEST 174.45 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 650.00 FEET THE RADIUS POINT OF WHICH BEARS SOUTH 67°05' 58" IIEST; THENCE NORTHWESTERLY ALONG SAID CURVE 174.47 FEET; THENCE NORTH 39°14'15" EAST 453.11 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 1165.09 FEET, THE RADIUS POINT OF IIHICH BEARS SOUTH 39"14'15" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SOUTHERLY LINE 267.97 FEET; THENCE SOUTH 37 ° 35' 03" EAST 308.70 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 1005.37 FEET A DISTANCE; OF 248.54 FEET TO A POINT IIHICH BEARS NORTH 1 °45' 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°45'00" WEST 18.89 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING TRACT: THAT PORTION OF CHARLES BROWNELL'S DONATION CLAIM NO. 41, AND OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAHETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00°58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL HAPS, 1958; THENCE SOUTH 72" 37' 52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26 A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02' WEST ALONG SAID SOUTH BOUNDARY OF TRACT 26 A DISTANCE OF 73.50 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONAtION LAND CLAIM NO. 41; THENCE 'NORTH 01 °24' 04" EAST ALONG SAID EAST LINE OF THE CHARLES BROWNELL DONAtION LAND CLAIM NO. 41 A DISTANCE OF 950.58 FEET TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING HOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 15°22'32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31°35'11" EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09"42'39" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 41"17'50" WEST HAVING A RADIUS OF 428.64 FEET, AN ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48' 04" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31" 29' 46" EAST HAVIN V A RADIUS OF 676.58 FEET, AN ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07"55'47" TO A POINT OF TANGENCY; THESCE CONtINUING ALONG SAID PARALLEL LINE SOUTH 50"34'27" WEST A DISTANCE OF 248.50 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 39"25'3)" EAST HAVING A RADIUS OF 696.89 FEET, AN ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03°17'45" TO THE SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-IIAY; THENCE NORTH 43"49'09" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.83 FEET TO A POINT OF CURVE; THENCE CONtINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF IIHICH BEARS SOUTH 46°10'51" EAST HAVING A RADIUS OF 4,030.00 FEET, · .,. ( NEW PARCEL 3 -PAGE 2 AN ARC DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02°48'32" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 43°22 '19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC DISTANCE OF 194.75 FEET THROUGH A CENTRAL ANGLE OF 06°01'18' TO A POINT OF COMPOUND CURVE; THENCE. CONTINUING ALONG SAID SOUTH LINE ON A. CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 37°21'01" EAST HAVING A RADIUS OF 10543.00 FEET, AN ARC DISTANCE OF 186.51 FEET THROUGH A CENTRAL ANGLE OF .01°00'49" TO A POINT OF. COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 36°20'12" EAST HAVING A RADIUS OF 1,657.00 FEET AN ARC DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06 °42' 20" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 29° 37' 52" EAST HAVING A RADIUS OF 6,738.00 FEET, AN A1!.C DISTANCE OF 197.76 FEET THROUGH A ·CENTRAL ANGLE OF 01°40'54" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON· A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 27°56' 58" EAST HAVING A RADIUS OF 1,768.00 FEET, AN ARC DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06°18'06" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A .CURVE CO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 21° 38' 52" EAST HAVING A RADIUS OF 8603.00 FEET, AN ARC'DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01°21'44" TO A POINT OF COMPOUND CURVE; THENCE, CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20°17' 08" EAST HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05°19'46" TO A POINT OF COMPOUND CURVE ON THE EAST LINE OF SAID CHARLES BROWNELL DONATIQN LAND CLAIM NO. 41; THENCE CONTINUING ALONG SAID SOUTH LINE OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 14 ° 57' 22" EAST HAVING A·RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF 659.42 FEET THROUGH A CENTRAL ANGLE OF 13°25'19" TO A POINT OF COMPOUND CU1!.VE; THENCE CONTINuING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 01°32'03" EAST HAVING A RADIUS OF 1,165.09 FEET, AN ARC DISTANCE OF 1,097.05 FEET THROUGH A CENTRAL ANGLE OF 53°S7'00".TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 37°35'03". EAST A DISTANCE OF 308.70 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 52°24' 57" EAST HAVING A RADIUS OF 1,005.37 FEET, AN ARC DISTANCE OF 45.82 FEET THROUGH A CENTRAL ANGLE OF 02 ° 36' 41", . TO A LINE 35 FEET SOUTHERLY. OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE ·CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKSj THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 40°11'44" WEST A DISTANCE OF 126.24 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 49°48' 16" WEST HAVING A RADIUS OF 1,829.78 FEET, AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09°41' 48"; THENCE NORTH 49°53'32" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 167.07 FEET TO A POINT OF CURVEjTHENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE. TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 40°06' 28" WEST HAVING A RADIUS OF 1,102.46 FEET, AN ARC DISTANCE OF 807.11 FEET THROUGH A CENTRAL ANGLE OF 41°56' 46" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 01°50'18"EAST HAVING A RADIUS OF 2,792.19 FEET, AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13°32'14" TO THE TRUE POINT OF BEGINNING.· . TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, II.M., IN KING COUNTY, WASHINGTON, LYING IIITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: , , ( . ( ( NEW PARCEL 3 -PAGE 3 COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY, THENCE NORTH 88·15'00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 1·45'00" EAST 225.00 FEET, THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET, THENCE NORTH 12 °19' 12" WEST 325.81 FEET, THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE, THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE • SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THAT PORTION DESCRIBED AS FOLLOWS, COMMENCING AT THE MOST WESTERLY CORNER THEREOF, THENCE SOUTIlERLY ALONG THE WESTERLY LINE OF THE ABOVE DESCRIBED MAIN TRACT 174.47 FEET TO THE SOUTHERLY LINE THEREOF AND THE TRUE POINT OF BEGINNING, THENCE NORTH 71°22' 34" EAST ALONG SAID SOUTHERLY LINE 144.45 FEET, THENCE NORTH 12°19'12" WEST 60.87 FEET, THENCE SOUTH 71°:L'34" EAST 157 FEET TO SAID WESTERLY LINE, THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. • FIRST CITY DEVELOPMENTS CORP. HAY 3 1989 CORPORATE PARK NO. 86114.04/05 20A . ' ( 8US~ ..• OED & HITCHINGS. INC. NEW PARCEL 4: THAT PORTION OF THE SOUTHEAST QUARTER Of SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON AND TRACT 25, RENTON SHORE LANDS 2ND SUPPLEMENTAL DESCRIBED AS FOLLOWS: ' COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST QUARTER WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88°15'00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 853.34 FEET A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19' 12" WEST 140.57 FEET; THENCE SOUTH 71°22'34" WEST 413.75 FEET; THENCE SOUTH 31°14'05" WEST 358.99 FEET; THENCE SOUTH 47°09'50" EAST 71.33 FEET; THENCE EAST 114.27 FEET; THENCE SOUTH 68.91 FEET TO THE NORTH LINE OF THE SOUTH 650.00 FEET OF SAID SECTION 13; THENCE SOUTH 88°15'00" EAST ALONG SAID NORTH LINE 454.26 FEET TO THE TRUE' POINT Of BEGINNING, CONTAINING 5.8319 ACRES, TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING. ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88°15' 00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF 8EGINNING; THENCE NORTH 1°45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT BAVING A RADIUS OF 600.00' FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE;' THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE. • FIRST CiTY DEVELOPMENTS CORP. APRIL 19, 1988 ARTHUR L. HITCHINGS BRH JOB NO. 86114.04 SURV. 20A "~"N""" I'~V. \.. HITc;;,:---I~'f. t W S r. "I' / ( BUSH, ,<OED & HITCHINGS, INC. NEil PARCEL 5: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOIINSHIP 23 NORTH, RANGE 4 EAST II.M., KING COUNTY, IIASHINGTON, DESCRIBED AS FOLLOIIS: BEGINNING AT THE DITERSECTION OF THE EAST LINE OF SAID SECTION 13 IIITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THI:: NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88 °15' 00" WEST ALONG SAID NORTH LINE 2080.77 FEET; THENCE NORTH 68.91 FEET; THENCE IIEST 114.27 FEET; THENCE NORTH 47° 09' 50" WEST 71. 33 FEET; THENCE NORTH 31° 14' 05" EAST 358.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 42°06'08" WEST 215.00 FEET; THENCE SOUTH 80°04'48" WEST 232.00 FEET; THENCE NORTH 12°01 '00" WEST 40.75 FEET; THENCE SOUTH 77°59'00" WEST 133.03 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET A DISTANCE OF 111.56 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 160.00 FEET A DISTANCE OF 197.73 FEET; THENCE SOUTH 82°15'00" WEST 67.68 FEET; THENCE SOUTH 31°32'22" WEST 71.06 FEET; THENCE NORTH 81°l!'35" WEST 47.50 FEET TO A POINT OF A CURVE HAVING A RADIUS OF 650.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 52°42'12" EAST; THENCE EASTERLY ALONG SAID CURVE 1359.12 FEET TO A POINT WHICH BEARS NORTH 71·22' 34" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 71°22'34" WEST 239.30 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 6.3831 ACRES, TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST EASTERLY CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 71 °22' 34" EAST ALONG AN EXTENSION OF THE SOUTHERLY LINE THEREOF 144.45 FEET; THENCE NORTH 12°19' 12" WEST 60.87 FEET; THENCE SOUTH 71°22'34" WEST 157 FEET TO THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED TRACT; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO BEGINNING, ALSO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LIh~ OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88 ° 15' 00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE. .r",. --r:. v '~ . .r'.~~~'~~r:.-:;,_ (j, /P.,-/Ve-I.J'.?/O~-f0,?t::) • /~-::.~ Of .. ~.,l;·; " .',"" FIRST CITY DEVELOPMENTS CORP. I.. :.. \;APRIL 19, 1988 t:. ~:, g ~ARTHUR L. HITCHINGS if ~-t .~BRH JOB NO. 86114.04 >. .ro..,..~ ",Q . ..,fri SURV. 20A "l:,. ..... t'.'< ·· .. STEr-.. ~~ ,l' "'-.l.r· c...)~ ,I -. '0'/.1' lO",') .. I' ---' .. ;.~/' ---.~ ..... ", · ". ( NEW PARCEL 6 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, .DESCRIBED AS FOl.l.OWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00°58'28" EAST Al.ONG THE NORTH-SOUTH CENTERl.INE OF SAID SECTION 1), A DISTANCE OF 884.84 FEET TO THE. SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORE LANDS SECOND SUPPLEMENTAL HAPS, ACCORDING TO THE UNRECORDED PLAT THEREOF; THENCE SOUTH 72°37'52" WEST ALONG THE' SOUTH BOUNDARY OF SAID TRACT 26, A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26, A DISTANCE OF 73.51 FEET TO THE EAST LINE OF· THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24'04" EAST ALONG SAID EAST LINE 498.15 FEET; THENCE SOUTH 81°11'35" EAST 119.19 FEET TO A POINT ON CURVE HAVING A RADIUS OF 650.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 52°42 '12" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE 538.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CURVE 646.21 FEET; THENCE NORTH 39°14'15" EAST 453.11 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 1,165.09 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 39 ° 14 '15" WEST; THENCE WESTERLY ALONG SAID CURVE AND SOUTHERLY LINE 829.08 FEET TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,814.93 FEET A DISTANCE OF 79.20 FEET TO A POINT IffiICH BEARS NORTH 1°24'04" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°24'04" WEST 365.48 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN THE FOl.LOWING TRACT: THAT PORTION OF CHARLES BROWNELL'S DONATION CLAIM NO. 41, AND·OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, .WILLAHETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00° 58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL HAPS, 1958; THENCE SOUTH 72°37'52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26 A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02' WEST ALONG SAID SOUTH BOUNDARY OF TRACT 26 A DISTANCE OF 73.50 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24 '04" EAST ALONG SAID EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41 A DISTANCE OF 950.58 FEET TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST .• PAUL AND PACIFIC RAILROAD TRACKS AS DEPICTED ON THAT CERTAIN RECORD OF SURVEY FOR. LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8312229001, RECORDS OF KING COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAlD PARALLEl. LINE ON A CURVE TO THE LEFT, THE CENTER OF IffiICH BEARS SOUTH 15°22'32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31 ° 35 '11 U EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09°42' 39" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 41°17'50" WEST HAVING A RADIUS OF 428.64 FEET, AN ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48'04" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE 'ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31 '29' 46" EAST HAVING A RADIUS OF 676.58 FEET, AN ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID PARAf.LEL LINE SOUTH 50' 34' 27" wEST A DISTANCE OF 248.50 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 39°25'33" EAST HAVING A RADIUS OF 696.89 FEET, AN ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03°17'45" TO TH£ SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTH 43°49'09" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.83 FEET TO A POINT OF · . ( ( NEW PARCEL 6 -PAGE 2 CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 46°10'51" EAST HAVING A RADIUS OF 4,030.00 FEET, AN ARC DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02°48'32" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 43°22'19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC DISTANCE OF 194.75 FEET THROUGH A CENTRAL ANGLE OF 06 °01' 18' TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 37°21'01" EAST HAVING A RADIUS OF 10543.00 FEET, AN ARC DISTANCE OF 186.51 FEET THROUGH A CENTRAL ANGLE OF 01°00'49" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 36°20'12" EAST HAVING A RADIUS OF 1,657.00 FEET AN ARC DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06°42'20" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 29°37' 52" EAST HAVING A RADIUS OF 6,738.00 FEET, AN ARC DISTANCE OF 197.76 FEET THROUGH A CENTRAL ANGLE OF 01°40' 54" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 27°56' 58" EAST HAVING A RADIUS OF 1,768.00 FEET, AN ARC DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06°18'06" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 21°38'52" EAST HAVING A RADIUS OF 8603.00 FEET, AN ARC DISTANCE OF·204.54 FEET THROUGH A CENTRAL ANGLE OF 01°21'44" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20°17' 08" EAST HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05°19'46" TO A POINT OF COMPOUND CURVE ON THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE CONTINUING ALONG SAID SOUTH LINE OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 14 ° 57' 22" EAST HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF 659.42 FEET THROUGH A CENTRAL ANGLE OF 13°25' 19" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 01°32'03" EAST HAVING A RADIUS OF 1,165.09 FEET, AN ARC DISTANCE OF 1,097.05 FEET THROUGH A CENTRAL ANGLE OF 53°57'00" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 37°35'03" EAST A DISTANCE OF 308.70 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 52°24'57" EAST HAVING A RADIUS OF 1,005.37 FEET, AN ARC DISTANCE OF 45.82 FEET THROUGH A CENTRAL ANGLE OF 02°36'41", TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 40°11'44" WEST A DISTANCE OF 126.24 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 49°48'16" WEST HAVING A RADIUS OF 1,829.78 FEET, AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09°41'48"; THENCE NORTH 49°53'32" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 167.07 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 40°06' 28" WEST HAVING A RADIUS OF 1,102.46 FEET, AN ARC DISTANCE OF 807.11 FEET THROUGH A CENTRAL ANGLE OF 41°56'46" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO TH~ LEFT, THE CENTER OF WHICH BEARS SOUTH 01°50'18" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13°32' 14" TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS. EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: '.' . ( ( NEW PARCEL 6 -PAGE 3 ". ". COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88·15'00" IlEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1·45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" IlEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE • • CITY DEVELOPMENTS CORP. , 1989 fLACKRIVER CORPORATE PARK JOB NO. 86114.04/05 URV. 20A ( ( NEW PARCEL 7: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00°58'28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION lJ, A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS, ACCORDING TO THE UNRECORDED PLAT THEREOF; THENCE· SOUTH 72°37'52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26, A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26, A DISTANCE OF 73.51 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NUMBER 41; THENCE NORTH 01°24'04" EAST ALONG SAID EAST LINE 498.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°24 '04" EAST ALONG SAID EAST LINE 509.58 FEET TO THE SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT- OF-WAY; THENCE EASTERLY ALONG SAID SOUTM LINE AND ON A CURVE HAVING A RADIUS OF 2,814.93 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 14 ° 57' 22" EAST, A DISTANCE OF 580.22 FEET; THENCE SOUTH 1°24'04" WEST 365.48 FEET TO A POINT OF A CURVE HAVING A RADIUS OF 650.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 5°14 '26" EAST; THENCE WESTERLY ALONG SAID CURVE 538.45 FEET TO A POINT WHICH BEARS SOUTH 81 °11 '35" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 81°11'35' WEST 119.19 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING TRACT: THAT PORTION OF CHARLES BROWNELL'S DONATION CLAIM NO. 41, AND OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00° 58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS, 1958; THENCE SOUTH 72°37'52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26 A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02' WEST ALONG SAID SOUTH BOUNDARY OF TRACT 26 A DISTANCE OF 73.50 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24' 04" EAST ALONG SAID EAST LINE OF THE CHARLES BROIofNELL DONATION LAND CLAIM NO. 41 A DISTANCE OF 950.58 FEET TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS AS DEPICTED ON THAT CERTAIN RECORD OF SURVEY FOR LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8312229001, RECORDS OF KING COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 15°22' 32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31 ° 35' 11" EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09°42' 39" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 41°17'50" WEST HAVING A RADIUS OF 428.64 FEET, AN ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48'04" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31 ° 29' 46" EAST HAVING A RADIUS OF 676.58 FEET, AN ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 50° 34' 27" WEST A DISTANCE OF 248.50 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE OS A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 39°25'33" EAST HAVING A RADIUS OF 696.89 FEET, AN ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03 °17' 45" TO THE SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTH 43°49'09" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.83 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 46°10'51" EAST HAVING A RADIUS OF 4,030.00 FEET, AN ARC DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02°48'32" TO A POINT .' ( ( NEW PARCEL 7 -PAGE 2 ",' .. ,',', } OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 43'22' 19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC DISTANCE OF 194.15 FEET THROUGH A CENTRAL ANGLE OF 06'01' 18' TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALOHG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 37'21 '01" EAST HAVING A RADIUS OF 10543.00 FEET, AN ARC DISTANCE OF 186.51 FEET THROUGH A CENTRAL ANGLE OF 01'00'49" TO A POINT OF COMPOUND CURVE;. THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 36'20' 12" EAST HAVING A RADIUS OF 1,657.00 FEET AN ARC DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06'42'20" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 29°31'52" EAST HAVING A RADIUS OF 6,138.00 FEET, AN ARC DISTANCE OF 191.76 FEET THROUGH A CENTRAL ANGLE OF 01'40' 54" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 27'56'58" EAST HAVING A RADIUS OF 1,168.00 FEET, AN ARC DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06'18'06" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 21 ° 38' 52" EAST HAVING A RADIUS OF 8603.00 FEET, AN ARC DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01 '21' 44" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20' 17' 08" EAST HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05' 19' 46" TO A POINT OF COMPOUND CURVE ON THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE CONTINUING ALONG SAID SOUTH LINE OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 14' 57' 22" EAST HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF 659.42 FEET THROUGH A CENTRAL ANGLE OF 13'25'19" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 01 '32'03" EAST HAVING A RADIUS OF 1,165.09 FEET, AN ARC DISTANCE OF 1,097.05 FEET THROUGH A CENTRAL ANGLE OF 53'57'00" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 31'35' 03" EAST A DISTANCE OF 308.10 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON.A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 52' 24' 51" EAST HAVING A RADIUS OF 1,005.31 FEET, AN ARC DISTANCE OF 45.82 FEET THROUGH A CENTRAL ANGLE OF 02' 36' 41", TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 40'11 '44" WEST A DISTANCE OF 126.24 FEET TO A POINT OF CURVE; THEHCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 49 '48' 16" WEST HAVING A RADIUS OF 1,829.78 FEET, AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09'41 '48"; THENCE NORTH 49'53'32" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 167.01 FEET ·TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 40'06' 28" WEST HAVING A RADIUS OF 1,102.46 FEET, AN ARC DISTANCE OF 801.11 FEET THROUGH A CENTRAL ANGLE OF 41°56'46" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 01°50' 18" EAST HAVING A RADIUS .OF 2,790.19 FEET, AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13°32'14" TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET OS EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: ( ( NEW PARCEL 7 -PAGE 3 COMMENCING AT THE INTERSECTION OF THE EAST LINE OF. SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88'15' 00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1'45' 00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12'19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT RAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE • • · . "t' ( ,. NEil PARCEL 8 THAT PORTION OF THE SOUTHIIEST QUARTER OF SECTION 13; TOIINSHIP 23 NORTH, RANGE 4 EAST, II.M., IN KING GOUNTY, WASHINGTON AND THAT PORTION OF JUNCTION ADDITION TO CITY OF SEATTLE, ACCOROING TO PLAT RECORDED IN VOL~E 12 OF PLATS, PAGE 75, RECORDS OF SAID KING COUNTY, TOGETHER WITH VACATED STREETS ADJOINING WHICH WOULD ATTACH TO SAID PREMISES BY OPERATION OF LAW, AND OF C. E. BROWNELL'S DONATION CLAIM NO. 41, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00° 58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE THEREOF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26, RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS 1958; THENCE SOUTH 72°37'52" WEST 382.60 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 26; THENCE NORTH 70°54' 02" WEST ALONG SAID SOUTH LINE 73.51 FEET TO THE EAST LINE OF SAID C.E. BROWNELL'S LAND DONATION LAND CLAIM NO. 41; THENCE NORTH 1°24'04" EAST ALONG SAID EAST LINE 498.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 81°11'35" WEST 26.31 FEET; THENCE SOUTH 82°15'00" WEST 92.99 FEET; THENCE SOUTH 35°29' 30" WEST 143.18 FEET; THENCE NORTH 74 °44' 00 WEST 84.85 FEET; THENCE SOUTH 60°16'00" WEST 67.00 FEET; THENCE SOUTH 12°16'00" EAST 97.35 FEET; THENCE SOUTH 6S006'46" WEST !l0.53 FEET; THENCE NORTH 12°16'00" WEST 140.00 FEET; THENCE NORTH 19°41'48" EAST SO.OO FEET; THENCE NORTH 0°41' 4S" . EAST 240.00 FEET; THENCE NORTH 26 °4 5' 10" WEST 154.31 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BURLINGTON' NORTHERN RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 1768.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 26°45' 10" EAST; THENCE EASTERLY ALONG SAID CURVE AND SOUTHERLY LINE 157.52 FEET TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 8603.00 FEET A DISTANCE OF 204.54 FEET TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 1,922.10 FEET A DISTANCE OF 178.79 FEET TO THE EASTERLY LINE OF SAID C.E. BROWNELL'S DONATION CLAIM NO. 41; THENCE SOUTH 1 ° 24 '04" WEST 509.59 FEET .TO THE TRUE POINT OF BEGINNING, ALSO THAT PORTION OF THE FOLLOWING DESCRIBED TRACT LYING EAST OF SAID C.E. ~LL'S DONATION LAND CLAIM NO. 41: THAT PORTION OF CHARLES BROWNELL'S DONATION CLAIM NO. 41, AND OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAHETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00° 58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS, 1958; THENCE SOUTH 72 ° 37' 52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26 A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02' WEST ALONG SAID SOUTH BOUNDARY OF TRACT 26 A DISTANCE OF 73.50 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24 '04" EAST ALONG SAID EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAlM NO. 41 A DISTANCE OF 950.58 FEET TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS AS DEPICTED ON THAT CERTAIN RECORD OF SURVEY FOR LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8312229001, RECORDS OF KING COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 15°22'32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF COMPOUND CURVE; THEN~E CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER Of WHICH BEARS SOUTH 31°35'11" EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09°42' 39" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 41°17'50" WEST HAVING A RADIUS OF 428.64 FEET; AN ARC OISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48'04" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31 °29'46" EAST HAVING A RADIUS OF 676.58 FEET, AN ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG ( ( NEW PARCEL 8 -PAGE 2 SAID PARALLEL LINE SOUTH 50· 34' 27" WEST A DISTANCE OF 248.50 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 39"25'33" EAST HAVING A RADIUS OF 696.89 FEET, AN ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03"17'45" TO THE SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTH 43"49'09" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.83 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 46"10'51" EAST HAVING A RADIUS OF 4,030.00 FEET, AN ARC DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02"48'32" TO A POINT OF COKPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 43"22'19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC DISTANCE OF 194.75 FEET THROUGH A CENTRAL ANGLE OF 06'01'18' TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 37"21'01" EAST HAVING A RADIUS OF 10543.00 FEET, AN ARC DISTANCE OF 186.51 FEET THROUGH A CENTRAL ANGLE OF 01'00' 49" TO A POINT OF COKPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 36'20'12" EAST HAVING A.RADIUS OF 1,657.00 FEET AN ARC DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06"42'20" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 29"37'52" EAST HAVING A RADIUS OF 6,738.00 FEET, AN ARC DISTANCE OF 197.76 FEET THROUGH A CENTRAL ANGLE OF 01'40'54" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 27" 56' 58" EAST HAVING A RADIUS OF 1,768.00 FEET, AN ARC DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06"18'06" TO A POINT OF COKPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 21"38'52" EAST HAVING A RADIUS OF 8603.00 FEET, AN ARC DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01"21'44" TO A POINT OF COKPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20"17' 08" EAST HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05"19'46" TO A POINT OF COKPOUND CURVE ON THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE CONTINUING ALONG SAID SOUTH LINE OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 14" 57' 22" EAST HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF 659.42 FEET THROUGH A CENTRAL ANGLE OF 13'25' 19" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 01'32'03" EAST HAVING A RADIUS OF 1,165.09 FEET, AN ARC DISTANCE OF 1,097.05 FEET THROUGH A CENTRAL ANGLE OF 53"57'00" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 37'35'03" EAST A DISTANCE OF 308.70 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 52"24' 57" EAST HAVING A RADIUS OF 1,005.37 FEET, AN ARC DISTANCE OF 45.82 FEET THROUGH A CENTRAL ANGLE OF 02' 36' 41", TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 40"11'44" WEST A DISTANCE OF 126.24 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 49'48'16" WEST HAVING A RADIUS OF 1,829.78 FEET, AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09"41'48"; THENCE NORTH 49"53~32" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 167.07 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 40'06' 28" WEST HAVING A RADIUS OF 1,102.46 FEET, AN ARC DISTANCE OF 807.11 FEET THROUGH A CENTRAL A.'1GLE OF 41' 56' 46" TO A POINT OF COKPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 01"50' 18" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13"32'14" TO THE TRUE POINT OF BEGINNING. . " . " ( ( NEW PARCEL 8 -PAGE 3 TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS; THAT PORTION OF THE SOUTH HALF OF SECTION 13, 'TOWNSHIP 23 NORTH, RANGE 4 EAST, W .M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88°15' 00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1 0 45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; TIlENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE • J7,7,zt? -PI) 7 o MAY 08 '91 07:52 BR&H 206 323 7135 BUSH. ROED 8< HITCHINGS. INC. NEW !' AACEL 9 THAt.poRtioN OF THE SOUTHWEST QUARTER OF SECTION 13; TOWNSHIP 23 NORTH, RL~GE 4 EAST, W.M., IN KING COUNTY, WASHINGTON AND THAT PORTION OF JUNCTIO& ADDITION TO CITY OF SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 75, RECORDS OF SAID KING COUNTY, TOGETHER WITH VACATED STUETS ADJOINUG walCH WOULD ATTACH TO SAID PREMISES BY Ope;RATION OF LAW, 4NIl OF C.E. nOWN!Ll.'S DONATION CLAIM NO. 41, DESCRIBED AS POLLOWS: COMMENCING AT THE SOUTS QUARTER CORNER OF SAID SECTION 13; THENCE NORTR 00 ° 58' 28" EAST ALONG THE NORTH-SOUTH CENTEUlNE THEREOF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 UNTON SHO(l.ELANDS SECOND SUPPLEMENTAL HAPS 1958; TIiENCE SOUTH 72°37'52" WEST 382.60 FEET TO AN ANGLE POINT IN THE SOllTli LINt: OF SAID TiACT 26: THENCE NORTH 70"54'02" WEST ALONG SAID SOUTH LINE 73.51 FE!! TO THE EAST LINE OF SAID C. E. BROWNELL'S DONATION CLAIM NO. 41; TI!!:5'CE NORT!:! 1"24' 04" EAST. ALONG SAID EAST LINE 498.15 PI!ET; THENCE NORTH 81°11' 35" Io'EST 26.31 FEET; Tl:I£HC£ SOOTH 82'15'00" WEST 92.99 FEET; THENCE SOUTH 35"29'30" WEST 143.18 FEET; THENCE NORTH 74"44'00 WEST 84.85 PEET; THENCE SOUTH 60"16'00" WEST 67.00 FElT; THENCE SOUTl:I 12'16'00" EAST 97.35 FEET; 7E..ENCE SOUTH 68°06'46" WEST .110.53 FEET TO THE TRUE POINT OF BEGINNING; THE};'CE SOUTH 68°06'46" WEST 265.00 FEET TO A POINT ON A CORVE HAVING A RADIUS OP 195.01 FEET, THE RADIUS POINT OF WHICH BEARS WEST; THENCE NORTKWEStEUY ALONG SAID CURVE 267.83: THENCE NORTH 78 '41'24 WEST 117.64 FEET; THENCE NORTH 1"24' 04" EAST 200.97 FEET TO A POINT ON THE SOUTHElll.Y LINE OF THE BURLINGTON NOR!8:ER.~ RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE RAVING A RADIUS OF 10,543.00 FEET, THE lADIUS POINT OF \.'HICH BEARS SOOTH 36' 50 '42" EAST; TBEIiCE NORTlfEASTERLY ALONG SAID CURVE AND SOOTRElll.Y LINE 93.53 FEEt TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 1,657.00 FEET A DIStANCE OF 193.93 FEET TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 6,738.00 FEET A DISTANCE OF 197.76 FEET TO A COMPOOND CURVE: THENCE ON A CURVE HAVING A RADIUS OF 1,768.00 FEET A DISTANCE OF 36.93 FEET; TIU!NCE SOUTH 26'45'10" EAST 154.31 FEET; THENCE SOUTH 0·41'48" WEST 240.00 FEET; THENCE SOUTH 19·41'48" Io-ZST 80.00 FEET; THENCE SOOTH 12"16'00" EAST 140.00 FEET TO tRE TRUE POINT OF BEGINNING, CONTAINING 5.3332 ACRES, TOGETHER WITH AND SOBJECT TO AN £AS~~~ FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: tHAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, \J.M., IN KING COIJNTY, WASHINGtON, LYING WITHIN 30 FEET ON EACH SID:: OF TIlE FOLLOwING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF TRE EAST LINE OF SAID SECTION 13, WITH TIlE NOiTH LINE OF 'Tl!E SOUTH 650.00 PEET 'rHEa.e:OF, SAID NORTH LINE BEING ALSO TIlE NORtE LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PACES 98 THROUGH 102, RECORDS OF SAID COUNTY; TIIENCE /lORTH 88'15' 00" IiEST ALONe SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; TH~";CE NORTH 1"45' 00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" WEST 325.81 FEET; THENCE ON A CORVE TO THE LEFT HAVING A RADIuS OF 600.00 FEET A DISTABCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; TIiENCE ON A CURVE RAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO tHE TERMINOS OF SAID CENtERLINE. . I ,'. ','" .' ," . ( BUSrC .OED 8: HITCHINGS. INC. NEW PARCEL 10 ," THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN.KING COUNTY, WASHINGTON AND THAT PORTION OF JUNCTION ADDITION TO CITY OF SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 75, RECORDS OF SAID KING COUNTY, TOGETHER WITH VACATED STREETS ADJOINING WHICH WOULD ATTACH TO SAID PREHISES BY OPERATION OF LAW, AND OF C.E. BROWNELL'S DONATION CLAIH NO. 41, DESCRIBED AS FOLLOWS: COMHENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13: THENCE NORTH 00'58'28" EAST ALONG THE NORTH-SOUTH CENTERLINE THEREOF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26, RENTON SHORELANDS SECOND SUPPLEHENTAL MAPS 1958: THENCE SOUTH 72'37'52" WEST 382.60 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 26: THENCE NORTH 70'54' 02" WEST 354.53 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 26: THENCE SOUTH 73'56'01" WEST 130.08 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 26: THENCE SOUTH 41 '16' 07" ~EST ALONG THE SOUTH LINE OF·SAID TRACT 26 A DISTANCE OF 316.18 FEET TO A POINT ON THE NORTH BOUNDARY OF A TRACT OF LAND DEEDED TO KING C('\:JNTY AND DESCRIBED UNDER KING COUNTY RECORDING NUHBER 6607786, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 627.46 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 39'41'39" WEST; THENCE WESTERLY ALONG SAID CURVE AND NORTH BOUNDARY 373.11 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 1'24'04" EAST 582.36 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGRT-OF-WAY, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 10543.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 36'50'42" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID SOUTHERLY. LINE 92.98 FEET TO A POINT OF COMPOUND CURVE; THENCE·.ON A CURVE HAVING A RADIUS OF 1,853.00 FEET A DISTANCE OF 194.75 FEET TO A POINT OF COMPOUND CURVE, THE CENTER OF SAID CURVE BEARS SOUTH 43'22' 19" EAST 4,030.00 FEET: THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN AND CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 2'48'32", AN ARC DISTANCE OF 197.57 FEET TO A POINT OF TANGENCY: THENCE SOUTH 43 '49' 09" WEST ALONG SAID SOUTH' MARGIN 271. 00' FEET TO A POINT OF CURVE: THENCE ON A CURVE TO THE RIGHT, ALONG SAID SOUTHERLY MARGIN, HAVING A RADIUS OF 1,571.00 FEET, THROUGH A CENTRAL ANGLE OF 7'32'02", AN ARC DISTANCE OF 206.57 FEET TO A POINT OF COMPOUND CURVE, THE CENTER WHICH BEARS NORTH 38'38'49" WEST 727.00 FEET: THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN AND CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 16'55'35", AN ARC DISTANCE OF 214.77 FEET TO A POINT OF COMPOUND CURVE, THE CENTER WHICH BEARS NORTH 21'43'14" WEST 1,055.00 FEET: THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN AND CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 11'24'08", AN ARC DISTANCE OF 209.95 FEET TO A POINT OF COMPOUND CURVE' THE CENTER OF WHICH BEARS NORTH 10'19' 06" WEST 696.00 FEET: THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN AND CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 3'44'25", AN ARC DISTANCE OF 45.43 FEET TO THE EASTERLY MARGIN OF THE CHARLES MONSTER COUNTY ROAD; THENCE SOUTH 34'19'34" EAST ALONG SAID EASTERLY MARGIN 43.56 FEET TO THE NORTH BOUNDARY OF SAID TRACT DEEDED TO KING COUNTY AND DESCRIBED UNDER KING COUNTY RECORDING NUMBER 6607786 THENCE NORTH 74'13'19" EAST ALONG SAID NORTH BOUNDARY 443.81 FEET: THENCE NORTH 59'53'47" EAST ALONG SAID NORTH BOUNDARY 377.52 FEET: THENCE EAST ALONG SAID NORTH BOUNDARY 280.69 FEET: THENCE SOUTH ALONG SAID NORTH BOUNDARY 25.00 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 627.46 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH: THENCE EASTERLY ALONG SAID CURVE AND NORTH BOUNDARY 61.59 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 5.0046 ACRES, TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: . ( 8US( iOED & HITCHINGS. INC. NEW PARCEL 10 -PAGE 2 THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88 0 15'00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" WEST 325.81 FEET; THENCE ON A CURVE.TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF ',916.19 FEET TO THE TERMINUS OF SAID CENTERLINE. o f$1I,;.t~"':1:::::.---_ 41' ',\" L,' it} .. ,:' r ..; oJ" • ;.l,~~-;;;O: ': .:.~.~.. FIRST CITY DEVELOPMENTS :lr (-n . r:.\. REV. MAY 4, 1988 ~~'t-....... '-'-j-.~ ARTHUR L. HITCHINGS .~: {/ ...... ,.} BRH JOB NO. 86114.04 l~·~ Q .,,' 0' SURV 20A ,.. (:." r':"(~ / -':.' • . . •.. " "~ T~.· ........ \'" .' / ~ "~'" ....... ____ ""f' .~ ~ ·c,,4::r • ~"l ~ .,~ "'---" ." ....... ~ .. , . .:-~ ..• : .. CORP. ( , BUSt-I. .::JED & HITCHINGS. INC. REMAINDER THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN; AND THAT PORTION OF JUNCTION ADDITION TO THE CITY OF SEATTLE, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 75, RECORDS OF' KING COUNTY; TOGETHER WITH VACATED STREETS ADJOINING WHICH WOULD ATTACH TO SAID PREMISES BY OPERATION OF LAW;. AND OF CHARLES BROWNELL'S DONATION CLAIM NO. 41 AND OF THAT PORTION OF TRACTS 25 AND 26, RENTON SHORELANDS 2ND SUPPLEMENTAL, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00° 58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE THEREOF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26, RENTON SHORELANDS SECOND SUPPLEMENTAL HAPS 1958 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 72°37'52" WEST 382.60 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 26; THENCE NORTH 70°54'02" WEST 354.53 FEET TO AN ANGLE ·POINT IN THE SOUTH LINE OF SAID TRACT 26; THENCE SOUTH 73° 56' 01" WEST 130.08 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 26; THENCE SOUTH 41°16'07" WEST ALONG THE SOUTH LINE OF SAID TRACT 26 A DISTANCE OF 316.18 FEET TO A POINT ON THE NORTH BOUNDARY OF A TRACT OF LAND DEEDED TO KING COUNTY AND DESCRIBED UNDER KING ·COUNTY RECORDING NUMBER 6607786, SAID POINT BEING'ON A CURVE HAVING A RADIUS OF 627.46 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 39°41' 39" WEST; THENCE WESTERLY ALONG SAID CURVE AND NORTH BOUNDARY 373.11 FEET; THENCE NORTH 1°24'04" 'EAST 381.39 FEET; THENCE SOUTH 78°41 '24" EAST 117.64 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 195.01 FEET A DISTANCE OF 267.83 FEET; THENCE NORTH 68°06'46" EAST 375.53 FEET; THENCE NORTH 12°16'00" WEST 97.35 FEET; THENCE NORTH 60°16'00" EAST 67.00 FEET; THENCE SOUTH 74 °44' 00" EAST 84.85 FEET; THENCE NORTH 35'29'30" EAST 143.18 FEET; THENCE NORTH 82°15'00" EAST 92.99 FEET; THENCE SOUTH 81°11'35" EAST 193.00 FEET; THENCE NORTH 31°32'22" EAST 71.06 FEET; THENCE NORTH 82°15' 00" EAST 67.68 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 160.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 86°34'52" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 197.73 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 230.00 FEET A DISTANCE OF 111.56 FEET; THENCE NORTH 77°59'00" EAST 133.03 FEET; THENCE SOUTH 12°01'00" EAST 40.75 FEET; THENCE NORTH 80°04'48" EAST 232.00 FEET; THENCE SOUTH 42°06'08" EAST 215.00 FEET; THENCE SOUTH 31°14'05" WEST 358.99 FEET; THENCE SOUTH 47°09' 50" EAST 71.33 FEET; THENCE EAST 114.27 FEET; THENCE SOUTH 68.91 FEET TO THE SOUTHERLY LINE OF SAID TRACTS 25 AND 26; THENCE NORTH 88°15' 00" WEST ALONG SAID SOUTHERLY LINE 180.64 FEET; THENCE NORTH 33°07'25" WEST ALONG'SAID SOUTHERLY LINE 154.51 FEET; THENCE NORTH 27°21 '32" EAST ALONG SAID SOUTHERLY LINE 387.32 FEET; THENCE NORTH 83°17'25" WEST ALONG SAID SOUTHERLY LINE 171.17 FEET; THENCE SOUTH 46'22'22" WEST ALONG SAID SOUTHERLY LINE 324.66 FEET; THENCE SOUTH 72°37'52" WEST ALONG SAID SOUTHERLY LINE 76.33 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE • CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. /"::.;"~.;:::',::':-, /-n 7d-v A~ ~770"<"l_O/I/ ,I ",_,' ... __ ', . t-v I P,," 'j-. // / /&V' C#::I J<>, ,:-~" . .' :;. 'l:;t.!,../'1n RST CITY DEVELOPMENTS CORP • ;'! '~ 'fl'.;'II UV. HAY 18,1988 • ~ .. /J. ~,) ARTHUR L. HITCHINGS . . \ "~:.f i BRH JOB NO. 86114.04 ,. ':\ .. ' -·,,(.//.~URV. 20A \.; ',:,,<::.::, ·/:'~.'f'·:·· ... ;.: .... \ ... ~ '" ~ M .,...... , Co 0 ~ f- eo I X w ,... '!' ,... C\J~ I ,... o f- CO I X w .. ' c 0 .... <!! :!: .., c.l 0 c E-< 0 :>, ..... .... .... CO ..... Q) ..... Ill.:.: :t: ~~ >< c.l '11 • .. 11 • , .... ~ .. J , I{ i.'. 1 I ,., , t ~ '. t ..; • .... ., ... ::l eo ti: .. ... ... ... l1li _ - '2 0 ~ & <.) "-• i ~ ~ !~ ~ ~ ~~ \1:3-~ ~ <'(. ~il ~ ~@ D ~ --lUl ·O:~il. 0: ~. Ll1~~:5 >o..:~~ <~ - W ~5 0: I-" ~'=l:g 00: E W III· 0 Q !=t;<I:~~5 en <t --I O!i:~ ~~i ~ Z 0 J: '=l: U.J .en a., (J I- m I. x w • ~ 40' /' Evergreen Hedge, after 5·7 years 30' A 6 ft. fence w/slals. ~~~ Deciduous Tree. after 5-7 years see exhibits lor SECTION l parking 101 ~ & curb Bark Mulch ===:;f 6 II, fence \V/slals-t;:;:;4.~'" see exhibits for locatIons ; " Conifer Treo, after 5-7 years ~ 7' f helghl 01 shrubs, conller, & decIduous lree al time 01 planllng (shaded) Bulomatlc irrIgation lop 01 slope (varIes) ~y~ ) :jr,:l'j' . /~ exlsllng plantings 5' 10 40' 1ab ~ pond area r--LARGE DECIDUOUS TREE' --' Ii> Red Alder (Alnus rubra) I Mountain Ash (Sorbus aucuparla) 12' 10 15'In heIght @ :!:20' o.c, II> LombardO Poplar (Populus nigra U.nC8') spread of shrub, conifer. & o VIne Mapl. (Acer clrclnalum) o BIg Leal Mapl. (Acer macmphyftum) . .. y aeclduous tree at time of planting ~~rA>~-CONIFER TREE --e Grand FIr (Ables grandl.) . -6' to B'tn heIght @ "'12' D.C. ., Douglas FIr (Pseudotsug. menzlesO) spread of shrub, conifer I & deciduous 'rea after 5-7 years e Western Red Cedar (Thu)a pUcata) curb nne EVERGREEN HEDGE --.• EngDsh Laurel (Prunus laurocerasus) 24" 10 30" In helghl @ :!:S' o.c, 0 Strawberry Madron. (Arbutus unedo) automatic Irrigation I~:;:;~~ 40' LIneal Section Iyplcal PLAN VIEW underslory of hydroseed eros~on control grasses TRACTS A & B e wax Myrtle (MyrIca cafilornlca) Dt::lIlUOe e Arst CIty Washington, Inc. BLACKRIVER CORPORATE PARK Phase VII & VIII LANDSCAPE AREAS PLAN NweS041/NW89017 10-4-91 RevIsed 10-31-91 EXHIBIT H TRACT. A & B· V /l I'.."\J . CORPORATE PARK CONSTRUCTION SEASON LIMITS ZONE ~ II BLACI<RIVER " ~1,,"00(, "~l>C'f.l(>oO ~t~ . ;~:~~~;,""~""~ WU ~ o( ~ CONSTRUCTION SEASON ZONE 1!rm;Ju EXHIBIT I 10-31-91 . . . EXHIBIT J TMP--PROCESS, GOALS AND IMPLEMENTATION MEASURES 1. Process. In order to reduce peak hour traffic from the Revised Project proposed for Tracts A and B of the Blackriver Corporate Park, First City shall prepare and implement a Transportation Management Program (TMP). First City shall submit the TMP to the City's Development Services Division (DSD) at the time of building permit application(s) for the building(s) in the Revised Project. The DSD shall approve the TMP by the time occupancy permits are sought by First City for any of the buildings. DSD's approval ·of the TMP shall be in accordance with the goal and implementation measures set forth below, and DSD shall not impose additional goals or implementation measures beyond those set forth herein. In its evaluation of how the TMP meets the standards set forth herein the DSD may consult with Metro's Transportation Section. 2. ~. The goal of the TMP is to reduce employee single- occupant vehicle (SOV) trips made for home-work commuting purposes by 10 percent from the d·efault values that can be calculated using trip generation methods described for general office buildings in Trip Generation '(Institute of Transportation Engineers, 4th Edition, Land use category 710i see also adjustment procedures described on page 8). 3. ImplementatioD Measures. The TMP shall contain the following Implementation Measures: a. Agreement to appoint a Transportation Coordinator to promote and coordinate the use of public transportation and high occupancy vehicles (HOVs). b. Agreement to display site-appropriate transit and ride sharing information in prominent public locations. c. Agreement to implement a program to provide a free one-month transit pass at the time of each new tenant occupancy in the building(s) to all new employees who desire such a transit pass. The passes should be for a maximum requirement of peak hour, two zones. d. Agreement to implement a parking management program which provides free preferential parking to high occupancy vehicles. e. Agreement to request tenants to promote an alternative work hour program in order to reduce peak hour trips. 4. Monitoring. In order to evaluate the effectiveness of the TMP, the applicant shall develop a monitoring program which will be submitted and approved as part of the TMP. The monitoring program shall include measures such as traffic counts and/or employee surveys to determine whether the ten percent (10%) SOY reduction goal set forth above is being met. The monitoring shall be conducted two years after the date of building occupancy, or after the building reaches 90% occupancy, whichever comes later, and shall be submitted to the DSD for review. 5. Additional Measures. In the event that the targeted ten percent (10%) SOY reduction goal set forth above is not achieved by such time that the monitoring program is conducted, additional incentives for HOV participation shall be implemented (e.g. establishment of a vanpool program, subsidy of vanpool vehicle leases from Metro Transit, a guaranteed ride home program for registered vanpool users). The effectiveness of these measures shall be monitored at the end of one year and if these measures are not increasing the HOV participation they shall be modified to increase their effectiveness. If, at the end of one additional year, these measures still have not increased HOV participation, they shall be discontinued. If tr.~ monitoring shows that these measures are increasing HOV participation, they shall be continued so long as they are increasing HOV participation, until the SOy reduction goal set forth above is achieved. FC17S0J~J022JJ!LJ( · I 2 3 4 S . 6 7 8 9 10 II . 12 l3 14 15 16 17 EXHIBIT K BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON FIRST CITY WASHINGTON, INC. Appellant, and SEATTLE AUDUBON SOCIETY, RAINIER AUDUBON SOCIETY, CITIZENS FOR RENTON'S WILDLANDS PRESERVATION, SIERRA CLUB CASCADE CHAPTER Appellants, v. CITY OF RENTON Respondent. ) ) ) HEARING EXAMINER NO. ) ) ). STIPULATION, AND ORDER OF ) DISMISSAL ) ) ) ) ) ) ) ) ) ) ) ) ) -----------------------) WHEREAS the SEATTLE AUDUBON SOCIETY/RAINIER AUDUBON 18 SOCIETY, CITIZENS FOR RENTON WILDLANDS PRESERVATION, and SIERRA 19 CLUB CASCADE CHAPTER (collectively the "citizen Appellants"), 20 FIRST CITY WASHINGTON, INC. ("First City"), and Respondent city 21 of Renton, each believe respectively that they are entitled to a 22 decision in their favor upon the merits, but at the same time 23 having given due consideration to the unavoidable delays and 24 hazards of the appeals before the Hearing Examiner, the expenses 25 connected thereto, and the best interest of all the parties, and 26 recognizing the desirability that the above-captioned appeal be 27 terminated without further litigation or expense to Appellants 28 STIPULATION AND ORDER -1 BUCK &. GOROON 902 Wacertront Place. 1011 Western Avenue Se.tt1e, W .. hinrton 98104·1097 (206) 382·9540 2 and Respondent; and 3 WHEREAS the parties have agreed to a Memorandum Agreement 4 settling these appeals which has been attached to this 5 Stipulation and which contains the environmental mitigation and 6 other conditions applicable to the proposed development of the 7 subject site. 8 NOW THEREFORE the parties hereby move the Hearing Examiner 9 for an Order dismissing this action and remanding the matter to 10 the City of Renton's Administration for processing of·a site plan II for approval in accordance with the terms of the Memorandum 12 Agreement. 13 DATED this ____ day of ______________________ , 1991. 14 FIRST CITY WASHINGTON, INC. 15 16 By 17 Its 18 By 19 Its 20 CITY OF RENTON 21 22 By 23 Its 24 SEATTLE AUDUBON SOCIETY and RAINIER AUDUBON SOCIETY 25 26 By ______________ _ 27 28 STIPULATION AND ORDER - 2 BUCK &. GORDON 902 Wacerfronc Place. 1011 Western Avenue Seactle, Washington 98104·1097 (l06) 382·9140 o· 2 CITIZENS FOR RENTON WILDLANDS 3 PRESERVATION '" s 6 By __________________ ~ ____ __ SIERRA CLUB CASCADE CHAPTER 7 By 8 ORDER 9 THIS MATTER having been considered on the attached 10 Stipulation of the parties; 11 IT IS HEREBY ORDERED that this matter be remanded to the 12 City of Rento'n for processing of a site plan approval in 13 accordance with the.terms of the Memorandum Agreement. 14 AND IT IS FURTHER ORDERED that this action be dismissed 15 without cost to any·party. 16 DONE at Renton, Washington this _ day of _______ _ 17 1991. 18 RENTON HEARING EXAMINER 19 20 21 22 23 25 26 27 28 STIPULATION AND ORDER - 3 BUCK &. GORDON 902 W.remoor Place. 10]1 Wesrll!m Avenue Seattle, W.IMineron 98104-1097 (106) J81·9140 .. 2 Presented by: 3 5 Lawrence Warren Attorney for Respondent 6 Approved as to Formi Notice 7 of Presentation waived: 8 9 Amy L. Kosterlitz 10 Attorney for Appellant First City Washington 11 12 Susan Krom 13 Appellant Citizens for Renton's Wildlands Preservation and Sierra 14 Club Cascade Chapter 15 16 Gerry Adams 17 Appellant Seattle and Rainier Audubon Societies 18 19 fC17S0/IEXHIBrr.AlJ( 20 21 22 23 25 26 27 28 STIPULATION AND ORDER - 4 BUCK &. GORDON 902 Watrionc Place. 1011 Westftn Avenue Searde, Washington 981004·1091 (206) 382·95<40 EXHIBIT L PRESS RELEASE Today the city of Renton, representatives of citizens for Renton's Wildlands Preservation, the Seattle and Rainier Audubon Societies, the Cascade Chapter of the Sierra Club, and First city Washington, Inc. announced that they have settled their disputes surrounding the office development proposed for the Blackriver Corporate Park area. Accordingly, the Parties have dismissed their appeals before the city of Renton Hearing Examiner. As part of the Agreement, the City will use monies from the Municipality of Metropolitan Seattle (Metro) targeted for open space and wetlands acquisition, and from King County's Open Space program, in addition to City funds, to purchase from First City approximately 36 acres of riparian forest, wetlands and wildlife habitat in the vicinity of the proposed development. When added to the land already dedicated for the Blackriver riparian forest and wetlands, this makes for a total of approximately 74 acres of open space and wildlife habitat, one of the largest "urban preserves" in the area. The parties have also agreed to several new environmental mitigation measures for the project which are calculated to protect wildlife habitat, and in particular the Great Blue Herons that have historically nested in the vicinity of the site. Earl Clymer, City of Renton mayor, said: "This agreement represents a win-win scenario for all parties involved. It will allow the City to proceed with its longstanding goal of preservation of additional portions of the Blackriver riparian forest, wetlands and wildlife habitat, as well as to resolve these disputes. The citizens groups involved in this agreement as well as the property owner are both to be given a lot of credit for making this happen." Susan Krom, spokeswoman for Citizens for Renton's wildlands Preservation, said "We have worked long and hard to ensure that there would be adequate protection for the important wildlife habitat in the Blackriver riparian forest area and we are delighted to have been able to reach our goaL" Gerry Adams concurred on behalf of the Seattle Audubon Society. Ken Bellamy, spokesman for First City Washington said: "We are pleased to be able to resolve this dispute on a basis that is protective of the environment and yet allows reasonable development of the site. First City has worked hard to protect the sensitive features of this site." FC17S0)~)028).tLJ( EXHIBIT M ELEMENTS OF WETLANDS MITIGATION PLAN 1. Mitigation Plan Goals a. Compensate for placement of fill material in 0.14 acres of wetlands, comprised of three small isolated wetlands located on Tracts A and B. b. Compensation is to be achieved by creating 0.21 acres of new wetlands on Tract B (a replacement ratio of 1.5 to I, as recommended by Ecology) contiguous with a wetland which is a remnant of the old Blackriver Channel (the "Wetland"), which Wetland is to be preserved. c. The new wetland will enlarge the Wetland and improve the structural and vegetative diversity in that wetland. d. The wetland mitigation plan will maintain an adequate water supply to the Wetland and allow establishment of the new wetland. e. The wetland mitigation will comply with the requirement for an average 50 foot buffer with a minimum of 25 feet. 2. Wetlands Mitigation Plan Elements The following elements will be included in the wetlands mitigation plan: a) Baseline information b) Environmental Goals (above) c) Work Plan d) Performance Standards e) Monitoring Program f) contingency Plan g) Performance Bond FC1750IVlI029I.tLJC November 20, 1991 BDIBIT II REAL ESTATE PURCHASE AND SALE AGREEMENT 1!oR-'~ Po~ION OF ~~ i" ,_ THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (the "Purchase Agreement") is between FIRST CITY WASHINGTON, INC., a Washington corporation ("Seller") and the CITY OF RENTON, a municipal corporation ("Purchaser"), and is made for the purpose of purchase and sale of the following described real property. In consideration of the covenants and agreements hereinafter made, the parties agree as follows: 1. Relationship to Memorandum Agreement. The purchase and sale described herein is an element of that certain Memorandum of Agreement Regarding Blackriver Corporate Park Tracts A, Band C dated November 20, 1991 (the "Memorandum Agreement") between the parties hereto (the "Parties") and other parties. It is the intent of the Parties that this Purchase Agreement shall implement in part the terms of the Memorandum Agreement. In the event of any inconsistency between the terms and provisions of this Purchase Agreement and the Memorandum Agreement, the terms and provisions of the Memorandum Agreement shall govern. This Purchase Agreement shall become effective upon the date of execution of this Purchase Agreement and the Memorandum Agreement by all the parties thereto. In no event shall this Purchase Agreement become effective absent acceptance and execution of the Memorandum Agreement by all parties thereto. - 1 - November 20, 1991 2. pescription of Property. Purchaser agrees to purchase from Seller, and Seller agrees to sell unto Purchaser, a portion of the real property commonly known as Tract A of Blackriver Corporate Park, in King County, Washington, and referred to in this Purchase Agreement as the "City Tract A Property," depicted in Attachment A1 and legally described in Attachment B1, both attached hereto and incorporated herein. First City reserves a ten foot easement over a portion of the City Tract A Property for installation and maintenance of landscaping, which easement area is depicted on Attachment A2 and legally described in Attachment B2. Purchaser hereby authorizes the insertion over its signature of the correct legal description of the above designated property if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or incomplete. 3. Purchase Price. The purchase price is One Million Four Hundred Sixty-one Thousand Six Hundred and NO/100 Dollars ($1,461,600.00), payable as follows: 3 .l·~ The amount of One Million Two Hundred Ninety-four Thousand Two Hundred Seventy-two and No/100 Dollars ) ($1,294,272.00) in·Jcash to be paid at time of closing. 3.2~ The amount of One Hundred Sixty-seven Thousand Three Hundred Twenty-eight and No/100 Dollars ($167,328.00) by Purchaser executing a promissory note (in the form attached as Attachment C) secured by a Deed of Trust (in the form as attached - 2 - November 20, 1991 s Attachment D) on the city Tract A Property and providing for quarterly interest payments at the rate of eleven percent (11') per annum in the amount of Four Thousand Six Hundred One and 52/100 Dollars ($4,601.52). The principal balance shall bear interest from date of closing. The first payment shall be due three months from date of closing. -The note shall be due and payable in full one year after the date of closing, and may be prepaid at any time without penalty. 3.3 As additional consideration for the sale, Purchaser shall at closing: (a) Reimburse Seller in cash for Seller's costs as of the date of this Agreement occasioned by Purchaser's depositing contaminated and potentially contaminated soils on Tracts A and B, which Tracts A and B are legally described in Attachments E and F hereto, and incorporated herein, in the amount of One Hundred Thirteen Thousand Dollars ($113,000); (b) pay directly or reimburse Seller for the costs of surveying the boundary and landscape easement of the city Tract A Property, and preparing the legal descriptions therefor; and (c) Provide evidence reasonably satisfactory to Seller of a completed lot boundary adjustment between City Tract A Property and the remaining portion of Tract A not being purchased hereunder; (d) Assume Seller's obligations regarding LID No. 332 as segregated pursuant to City of Renton Resolution 2809, and as - 3 - November 20, 1991 further allocated on a per square foot basis to the City Tract A Property, the principal balance in the approximate amount of One Hundred seventy Thousand Dollars ($170,000.00), the final figure to be determined as of the date of closing, and provide documentation reasonably satisfactory to Seller confirming the City's assumption and/or any required LID segregation. (e) Execute an indemnification in the form attached hereto as Attachment G, indemnifying Seller with regard to the remaining portion of Tract A not being purchased hereunder, and with regard to Tract B. (The indemnity covering the City Tract A Property appears in Section 11 below.) 4. Title. Title to the City Tract A Property shall be free of encumbrances or defects except LID No. 332, which shall be assumed by Purchaser at closing, the landscape easement legally described in Attachment B2 to be recorded at closing, a Memorandum of the Memorandum Agreement and other encumbrances, restrictions and reservations of record approved by Purchaser as provided below. Seller agrees to furnish to Purchaser a standard coverage Owner's Policy of Title Insurance, such policy to be effective on the date of closing and such policy to be issued by Transamerica Title Insurance company. As soon as reasonably possible following the opening of escrow, but not later than ten (10) days following the last party's execution of this Agreement, Seller shall furnish to Purchaser a Preliminary Commitment (the "Commitment") on the City Tract A Property, together with copies - 4 - November 20, 1991 of any exceptions set forth in the Commitment. Purchaser shall have ten (10) days from receipt of the Commitment within which to notify Seller in writing of Purchaser's objection to any exception shown in the Commitment; provided, however, that rights reserved in Federal Patents or State Deeds, building or use restrictions general to the district, existing easements not inconsistent with the intended use of the restricted 'parcels, and building or zoning regulations or provisions shall not be deemed exceptions. Seller shall have thirty (30) days from the date of receipt of Purchaser's objections to determine whether or not to cure such objections. If Seller declines to cure any of the exceptions objected to, Purchaser may either (i) elect to declare this Purchase Agreement void, or (ii) consummate the'transaction in the same manner as if there'had been no title objections. In the event Purchaser does not provide written notice of objections within the time period provided, Purchaser will be deemed to have accepted the condition of title as set forth in the commitment. In the event Seller does not provide written notice to Purchaser that Seller declines or is unable to cure any of Purchaser's' objections within the time period provided, Seller will be deemed to have agreed to cure such objections. Seller shall have until closing to cure any objections which it has agreed to cure. Seller and Purchaser shall split any cancellation fee for the Commitment, such fee not to exceed One Hundred Dollars ,($100.00). -5- November 20, 1991 5. Conveyance. Transfer of Seller's interest in the City Tract A Property shall be by Special warranty Deed subject to the encumbrances more particularly described in paragraph 4 above, and also subject to the indemnification and release more particularly set forth in paragraph 11 below. 6. Prorations. Taxes and the annual assessment for LID No. 332 for the current year shall be prorated as of the date of closing. Purchaser shall assume and be obligated to pay the balance remaining on the allocated portion of LID No.332, as provided in section 3.3. 7. . Condition to Closing. The obligations of the Seller under this Purchase Agreement are conditioned upon Seller's receipt of a site plan approval and shoreline permit for the remaining portion of Tract A and Tract B, on terms and conditions reasonably acceptable to Seller, in conformance with the Mitigation Conditions and other provisions of the Memorandum Agreement, all as more particularly set forth in the Memorandum Agreement, including appropriate density credits, landscaping, yard and setback waivers. This condition may be waived by Seller in its sole discretion and any such waiver shall be in writing. 8. Closing. This purchase shall be closed in the Seattle office of Transamerica Title Insurance Company (the "Closing Agent"), within 30 days after satisfaction or waiver of the condition specified in section 7 above, but in any event not later than two years from date of this Purchase Agreement, which - 6 - November 20,. 1991 shall be the termination date. The parties will deposit in escrow with the Closing Agent all instruments and moneys necessary to complete this purchase in accordance with this Purchase Agreement. The premium for the standard coverage Owner's Policy of Title Insurance shall be paid by Seller. The escrow fee shall be paid one-half (1/2) each by the Parties. Purchaser shall pay recording fees and all costs and expenses normally attributable to the Purchaser. As this sale is to a municipal corporation, no real estate excise taY shall be assessed. 9. Possession. Seller shall deliver possession of the City Tract A Property to Purchaser on date of closing. 10. condition of Property. The Purchaser has inspected the city Tract A property and agrees to accept the City Tract A Property in its present condition. The Parties acknowledge that, as more particularly set forth in the Memorandum Agreement, a portion of the City Tract A property is contaminated with hazardous substances. Purchaser agrees to accept the City Tract A Property "As Is", notwithstanding the presence of hazardous substances, and agrees to assume as between the Parties all costs, liability and risks which may arise to either Party from said hazardous SUbstances; Purchaser agrees and acknowledges that Seller makes no representations or warranties with respect to the physicai condition of the City Tract A Property, and that - 7 - November 20, 1991 the city Tract A Property is subject to the indemnity and release set forth below. 11. Indemnity and Release. Purchaser agrees to release Seller from and to indemnify, defend and hold Seller harmless from and against any and all claims, causes of action, demands, losses, liabilities, costs, damages and expenses (including, without limitation, attorneys' and consultants' fees, but without waiver of the duty to hold harmless) arising from or out of the entry of Purchaser, including the past entry of the Purchaser, its employees, contractors or agents onto the city Tract A Property or the placing of dredge spoils, excavated soils and fill material thereon by Purchaser, its employees, contractors or agents (such entry and activities hereinafter "Purchaser's Filling"), including but not limited to costs of investigation and remediation of soils or groundwater contamination caused by Purchaser's Filling, negotiating with agencies, and defense of lawsuits occasioned by Purchaser's Filling brought by agencies or third parties, and payment of fines and penalties occasioned by Purchaser's Filling, and will pay all Seller's costs and expenses, including attorneys' fees, incurred in enforcing this duty to release, indemnify, defend and hold harmless. The indemnity set forth in this paragraph shall survive closing. 12. pefault. If either Party defaults in its contractual performance herein, the non-defaulting Party may seek specific performance (or mandamus) pursuant to the terms of this - 8 - November 20, 1991 Agreement, damages, rescission or injunction. Purchaser is purchasing the city Tract A Property-in its proprietary capacity and ,not its governmental capacity and therefore, sovereign immunity does not apply to the enforcement of this Purchase Agreement or the Memorandum Agreement. The non-defaulting party shall be entitled to recover its costs and attorney's fees in the event counsel is retained as a result of such default. A default under the terms of this Purchase Agreement shall be deemed a default under the terms of the Memorandum Agreement, and in such event the non-defaulting Party shall be entitled to all remedies provided by the Memorandum Agreement in addition to the remedies provided hereunder. 13. Miscellaneous. There are no verbal or other agreements which modify or affect this Purchase Agreement, other than the Memorandum Agreement. Time is of the essence of this Purchase Agreement. Purchaser has not consulted with, nor discovered the City Tract A Property through the use of a realtor or other agent' and there are no finders fees or commissions due upon this transaction. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as transmission of an original. At the request of either Party, or the Closing Agent" the Parties will confirm facsimile transmitted signatures by signing an original document. Notices given under this Purchase Agreement shall be in writing and shall be delivered personally with written receipt therefor sent via-facsimile transmission or sent - 9 - November 20, 1991 by certified mail, return receipt requested, to the following addresses: Seller: Dean Erickson First City Washington, Inc. 700 Fifth Avenue, suite 6000 Seattle, WA 98104 with copy to: Amy L. Kosterlitz Buck , Gordon 1011 Western Avenue, suite 902 Seattle, WA 98104 Purchaser: Mayor, City of Renton 200 Mill Avenue South Renton, WA 98055 with copy to: Lawrence Warren city Attorney 100 South Second Street Post Office Box 626 Renton, WA 98057 14. Residency of Seller. Seller warrants to Escrow Agent that if Seller is an individual, Seller is not a non-resident alien for purposes of u.S. income taxation or if Seller is a corporatiQn, partnership, trust, or estate, Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate. 15. Assignment. This Purchase Agreement is not assignable by Purchaser or Seller without the express written consent of the other party to this Agreement, which consent will not be unreasonably withheld. 16. Goyerning Law. This Purchase Agreement shall be construed and interpreted under and shall be governed and -10 - November 20, 1991 enforced in all respects according to the laws of the state of Washinqton. 17. Oral Agreements and Representations. There are no oral or other aqreements, including but not limited to any representations or warranties, which modify or affect this Purchase Agreement. Seller shall not be bound by, nor liable for, any warranties or other representations made by any other person, partnership, corporation or other entity unless such representations are set forth in a written instrument duly executed by Seller. 18. Enforcement. Either Party's failure to insist upon or enforce strict performance by the other Party of any provision of this Purchase Agreement or to exercise any right under this Purchase Aqreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provision in any other instance, which provision shall remain in full force and effect. 19. Binding Nature. All rights and obligations arising out of this Purchase Agreement shall inure to the benefit of and be binding upon the respective successors, heirs, assigns, tenants, administrators, executors, and marital communities, if any, of the Parties to this Purchase Agreement. This Purchase Agreement shall not bi'nd either Party unless it has been properly authorized, executed and delivered by Purchaser and Seller. -11 - November 20, 1991 20. captions. The captions and section headings of this Purchase Agreement are inserted for convenience only and shall not be deemed to limit or expand the meaning of any section. 21. Inyalidity. If any provision of this Purchase Agreement shall be held invalid, void, or illegal, it shall in no way effect, impair or invalidate any of the other provisions of this Purchase Agreement. 22. warranty and Representation of Authority. Seller and Purchaser each represent to the other that the person or persons signing this Purchase Agreement have authority to execute the same and to bind the Parties to this Purchase Agreementi and that it has obtained all consents, permissions, and approvals related to entry into this Purchase Agreement, its obligations under this Purchase Agreement or under any covenant, agreement, encumbrance, law, or regulation applicable to the Parties to this Purchase Agreement. 23. Counterparts. This Purchase Agreement may be executed in counterparts, which shall include signatures forwarded by telecopy which shall be treated as originals for all purposes. All executed counterparts shall constitute one agreement, binding on all of the Parties, notwithstanding that all the Parties have not signed the original or the same counterpart. Any such counterpart shall be admissible into evidence as an original against the person who executed that counterpart. -12 - SELLER: FIRS'l' CI'l'Y WASHINGTON, INC., a Washin on corporation /? BY:-I.'.N.J.~~dC.~~~b- '-" Its: DEAN R. ERICKSON ViC£ PRESJDENt November 20, 1991 PQRCHASER: '!'HE CI'l'Y OF RENTON, a mun al corporation AS TO FORM: A'1"l'ES'l': -13 - A1 A2 B1 B2 c D E F G Fc\7SOIIANII20I.1lIk November 20, 1991 ATTACHMENTS Graphic depiction of the City Tract A Graphic depiction of Landscape Easement Area Legal description of City Tract A Legal description of Landscape Easement Area Form of promissory note Form of Deed of Trust Legal description of Tract A (prior to City purchase Legal description of Tract B Indemnification for remainder of Tract A and Tract B -14 - I I l ATTACHMENT A-I TO EXHIBIT N CITY TRACT A PROPERTY ! I I· : .. I L :. ~ j J ' ~-/i , .. ; .. .... - -N- I '" =1 00' XIID ...... ;:)1'1 0 .... ~- 1111 , ,., 11\ !"tr> I ~ ,.; k- I~ I ~ I ~ I I5-V_'2 71. 7 6 -:.J ~ -o nc ...... "'0 -<1'1 ...... >- "'>-...... >z 0'" no > ... '" I'In n x::e » ::ex "" "'1'1 ""1'1 "'z '" ....... 01'1 ... ""> >- "'''' Z I "'''' '" .... :.c -<'" 2 .... > '" '" ;.. .. I:.:' , 367.02 I.e ..... ,&'". R.172.95 L=. I 33.7" A: 5-32 '43 H R:922.73 L:89.305 CITY PARCEL '"' ~., S 1 ~6'09'\,. 60$'1..,. .$'>0 C::-, o .$11;-~ I( ~SD ~ "~-'9.$ ~(€' I.e 38"5"'09" Rc'55.0 .. L=1'2.06 • ~SOUTH LINE or SECTION 13 BUSH, ROED & HITCHINGS. INC. CML EHOINURS a LAND 8\JRWYoM KAf"1\.E. ,...,SGION tH-tM4 JOB 91400 11-6-1991 Nv1 POINT OF BEGINNING (R£ .... AINING PARCEL) ~ ..... U <{ .60=13'50'35' 0: R: 1003.00 ..... L:2"2.33 • .6.:11'5 .. '29' RI "22.96 LI 87.9' A 1''''5'''06" RI"22.96 Lll'O.OO ATTACHMENT B-1 TO EXHIBIT N BUSH. ROED & HITCHINGS, INC. LEGAL DESCRIPTION -CITY TRACT A PROPERTY THAT PORTION OF THE SOUTHWEST' QUARTER OF SECTION 13, !'C)WNSHIP 23 NORTH, RANGE 4 EAST, W.H., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE HOST WESTERLY CORNER OF 'l'RACT A, PLAT OF WASH- INGTON TECHNICAL CENTER AS RECORDED IN VOLOME 122 OF PLATS, PAGES 98 TO 102, RECORDS OF EING COUNTY, WASHINGTON, SAID WESTERLY CORNER BEING 1.'1' 'tHE INTERSECTION OF 'tHE SOtJ'l'BWESTERLY LINE OF SAID "TRACT A" WITH A LINE DESIGNATED "PERHANEN'l' EASEKEN'l' BOUND- ARY" ON U.S. DEPAR'l'HEN'l' OF AGRrCOL'l'URE, SOIL CONSERVATION SERVICE HAP, SHEET 1 OF 3, ENTITLE "LAND lUGH'l'S WORR ~, P-1CHANNEL, EAST SIDE GREEN RIVER WPP, CITY OF RENTON, laNG CODNTY, WASHING- TON;" THENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF WHICH BEARS NOR1'H 5-24'02" EAST 165.04 P'EE'l' A DISTANCE OF 112.06 FEET TO A POINT OF REVERSE CURVE, THE RADIUS POINT OF WHIaI BEARS &;)0'l'H 44-18'11· WEST 172.96 P'EE'l'; mBNCE ALONG SAID REVERSE CURVE AND SAID LINE 133.74 FEET; THENCE WBST ALONG SAID LINE 367.02 FEET TO A LINE WHICH BEARs NORTH FROK A POINT ON THE SOO'l'H LINE OF SAID SECTION 13 WHICH IS 1,271.76 FEET EAST OF THE SOtJ'l'BWEST CORNER THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY LINE OF OAKESDALE AVENUE; THENCE SOO'l'H 70-46'34" EAST ALONG SAID NOR'l'HEAS'l'ERLY LINE 13.95 FEET TO THE BBGIHHING OF A TANGENT CURVE TO THE RIGHT, ALONG SAID' NORTHEASTERLY LINE, HAVING A RADIUS OF 922.73 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5-32'43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY THEREON; THENCE CONTINUING ALONG SAID NOR'l'HEAS'l'ERLY KARGIN SOUTH 65-13'51" EAST 286.795 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS NORTH 5·30'13" WEST A DISTANCE OF 55.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59°43'39" AN ARC LENGTH OF 57.33 FEET TO A POINT OF TANGENCY; THENCE NORTH 24°46'09" EAST 15.70 FEET; THENCE NORTH 89°30'04" EAST 214.53 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1003.00 FEET; ~CE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13-50'35" AN ARC LENGTH OF 242.33 FEE'l';THENCE NORTH 29-28'39· WEST 207.28 FEET TO THE NORTHWESTERLY LINE OF SAID "TRACT A" OF THE PLAT OF WASHINGTON TECHNICAL CENTER; THENCE SOUTH 60-31'21" WEST ALONG SAID NOR'l'HWES'l'ERLY LINE 86.76 FEET TO THE BEGINNING OF A TANGENT CURVE TO THB RIGHT THEREON, HAVING A RADIUS OF 165.04 FEET; THENCB SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE'THROUGH A CENTRAL ANGLE OF 34-52'41" AN ARC LENGTH OF 100.47 FEET TO THE POINT OF BBGIHNING. THE ABOVE DESCRIBED PARCEL ACRES. 162,400 SQUARE FEET OR 3.7282 ~~:RST CITY WASHINGTON, INC. ~-. STEVEN A. HITCHINGS; P.L.S. NOVEHBER 6, 1991 (REVISED) JOB NO. 91400/SUR 53-B ATTACH!1ENT B-2 TO EXHIBIT N BUSH, ROED 6: HITCHINGS, INC. LEGAL DESCRIPTION -10' WIDE LANDSCAPE EASEMENT CITY TRACT A PROPERTY - THAT PORTION OF THE SOtJ'l'HWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, LYING WITHIN 10.00 FEET ON THE LEFT SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHEASTERLY MARGIN OF OAKESDALE AVENUE WHICH LIES NORTH 65-13'51" WEST 491.66 FEET FROM THE INTERSECTION OF SAID MARGIN WITH THE SOO'l'HWESTERLY LINE OF "TRACT AW OF THE PLAT OF WASHINGTON TECHNICAL CENTER, PER VOLUME 122 OF PLATS, PAGES 98 TO 102, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTHEASTERLY AWNG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS NORTH 5-30'13" WEST 55.00 FEET, THROUGH A CENTRAL ANGLE OF 59-43'39", AN ARC LENGTH OF 57.33 FEET TO A POINT OF TANGENCY; THENCE NORTH 24-46'09" EAST 15.70 FEET; THENCE NORTH 89-30'04-EAST 214.53 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIOS OF 1003.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13-50'35-AN ARC LENGTH OF 242.33 FEET; THENCE NORTH 29-28'39" WEST 207.28 FEET TO THE NORTHWESTERLY LINE OF SAID "TRACT AW OF THE PLAT OF WASHINGTON TECHNICAL CENTER AND THE TERMINUS OF SAID DESCRIBED LINE. FIRST CITY WASHINGTON, INC. STEVEN A. HITCHINGS, P.L.S. NOVEMBER 6, 1991 JOB NO. 91400/SUR S3-B $167,328.00 ATTACBHmIT C TO BDIBIT II Jla0KI880ay IIOTB November ____ , 1991 Renton, Washinqton FOR VALUE RECEIVED, the undersiqned promises to pay to the order· of FIRST CITY WASHINGTON, INC., a Washinqton corporation, at its principal office located in the city of Seattle, Washinqton, or at such other place as any holder hereof may desiqnate, the sum of One Hundred Sixty-seven Thousand Three Hundred Twenty-Eiqht and nO/100s Dollars ($167,328.00) in lawful money of the United States, toqether with interest thereon from the date hereof until maturity at the rate of eleven. percent (11.0\) per annum •. After maturity, or upon default, the rate of interest shall be eiqhteen percent (18.0\) per annum. Interest in the amount of Four Thousand six Hundred One and 52/100s ,Dollars ($4,601. 52) shall be payable quarterly, one such payment of interest to become due three months after the date of this Promissory Note, on , and every three months thereafter, until maturIty. The principal and accrued and unpaid interest shall be due and payable one year from the date of this Promissory Note, on ____ ~ ______________ _ If default be made in compliance with any term, covenant or condition of the instrument securinq this Promissory Note or in the payment of any installment when due under this Promissory Note, then, or at any time thereafter, at the option of the leqal holder of this Promissory Note, the whole of the principal sum then remaininq unpaid, together with all interest accrued thereon, shall become immediately due and payable without notice, and the lien qiven to secure its payment may be foreclosed. Failure to exercise this option, or any other riqht the holder may, in such event be entitled to, shall not constitute a waiver of the riqht to exercise such option or any other riqht in the event of any subsequent default. If this Promissory Note is placed in the hands of an attorney for collection or is collected throuqh the Probate Court, the Bankruptcy Court or throuqh. other leqal proceedinqs, the undersiqned promises to pay a reasonable attorney's fee, whether or . not suit is commenced. . The undersiqned waives demand, protest and notice of demand, protest and nonpayment. Notwithstandinqanythinq to the contrary set forth herein, the undersiqned shall have no personal liability for payment of the indebtedness evidenced hereby or for performance of the covenants set forth in this Promissory Note or in the Deed of Trust securinq payment of this Promissory Note. The holder aqrees not to assert or claim a deficiency or other personal judqment aqainst the undersiqned, but rather to look solely to the property encumbered by the Deed of Trust for payment of any such indebtedness or for performance of any such covenants. The foregoing shall not be deemed or construed to be a release of the indebtedness evidenced hereby to in any way impair, limit or otherwise affect this Promissory Note or the Deed of Trust, or prevent the holder from naming the undersigned as a defendant in any action to enforce any remedy for a default, so long as no personal or deficiency judgment is sought or entered therein against the undersigned for payment of the indebtedness or performance of the covenants contained herein. All of the covenants, provisions and conditions herein contained are made on behalf of, and shall apply to and bind the respective successors and assigns of the parties hereto, jointly and severally. This Promissory Note may be prepaid, in whole or in part, at any time prior to maturity, without penalty. This Promissory Note is secured by a Deed of Trust of even date in favor of the holder hereof affecting real property in King County, Washington. FC\7S0110J1201.ADB THE CITY OF RENTON, a municipal corporation By: --~------------------Its: ------ ATI'ACHMENl' 0 '1'0 EXHIBIT· N Transamorma Tltlo InSUranOB Go Tt'CPUO"",," Corp~~,,~ T A S ... I, .. , ... FUed lor Record .1 RequOII 01 N.m .................. AIJi¥..L • .JIg.aterllU ..................................... _ ........ .. Buck & Gordon Add .................. lDll .. We.aterll. . .Avenue ... SUl.te .. .9.02 ................... .. Clly .nd BIaIa .. 5eAttle ..... IIA. .... S8l.O.L ........................................... .. Deed of Trust · · · · THIS IrAa NOVlDID '01 acOlOu's Us(, ................ _---..................................... . (For UII in Ihe 5101. 0/ WOIhin,'on O.Iy) THIS DEED OF TRUST. m.do Ihis .................. day 01 ...................................................... 19.~L ..... belwoen :rn;; .. \;~:rf ... Qr. ... ~.I ... A .. m\\n~s;.\P.i\~ .. !l9.fP.9~~.U.9.n ................................................................ GRANTOR • .. h ... odd .... 1 •... ~.Q.Q .. !'!AU .. l\~".J:\~~ .. I/!?~~h .... ~.\!n~n.f .. 1!!!!I!Il.i.J:\\l~gn ..... p.~g.~~ ............................................ . TRANSAMERICA TITLE INSURANCE COMPANY. a corpor.tion. TRUSTEE. who .. addr ... i. 1200 Sixth Avenue. Seattle, Washington, and . .F.IIIS'l: .. CIT.i. .. WASI!ING'l'OO ... IIC .... I1 .................. .. WIl.hln.!~ton .. CQl:PQrllticn ........ : ............................................................................................ BENEFICIARY. who ... dd .... 1 ..... 7.QO .. Fifth .. "v.enue .... .sui.t.e. .. 60DD., .. .se/l.ttle ... WA .... 9BlQ~ ............................................ . WITNI'.sSETH: Grontor hor.by borg.in •.• on •• nd convey. 10 Tru.l.oln Tru.l. with power olaal •• Ihe following deacribed real pro"erty in ........................... .KAnS ............... ,,", ......................... County, Woahlnaton: see Exhibit A, attached hereto and by this reference incorporated herein. which ... 1 pnlporly is nol ulld prlnclpaUy lor qrlcu1lural or lannln, PUrpoHl, Io.ether wilh allth. len· emonti, heredltamenta, and Ippurtenancea noW' or b.realter thereunto bllon,ln, or in any wile apper- talninl. lind the lenti, iIIu .. and proflti thenaf. . Thl. deed I. lor Ihe purpo •• 01 .ocurln, parlonnanco 01 IIch alreemonl 01 "anlor ho .. ln contained, and . Twenty-eight and No/100 paymonl ollho oum oI..One. . .!Iundr.a~ .. 5.i.Kt~ae.y.en .. :t'b.Qo,JlIlIn~ ... 'rhr~ ... HIlIl~f.'Ilolla .. (J.l61.328 .. 00.) wilh Inlorut In accordanco wilh Iho larma 01 a pnlmlaoory nola 01 avan date h.rewlth. payobl. 10 Bene. ftciary or ordor •• nd mad. by Granlor. and all .. n.walo. modiftcatioN and .. Ien.lono Ih.reol. and aloo luch further Burna 'II may be advanced or loaned by Beneficiary to Grantor, or any of their IUcceuol8 or ... i,n •• 1o,.lhor wilh inlorOiI Ihoreon at .uch rala u .hlll be a.rood upon. To pnltacllho ... urily ollhis Deed 01 Truel, Granlor covenanla and ., .... : J. To keep Iho proparly In lood condilion and repair; 10 pennll no Wllte Ihereol; 10 complote any build in ••• tructure or Improvement beine bum or about to be built thereoni to .... ton promptly an)' bulldin, •• Iruclu .. or Improvamonl Ihoreon which may be dama~.d or dcolnlyod; and 10 comply wilh all IIWI, ordinlnca, re,ullLloN, covenanY, candltloDi and rutricUOftl .aecUn, the propeR)'. . · '-.- 2. To pa)' belor. d.Jlnqll.n& all lawlill I. .... and laIeUIn.n~ upon. the properly; Lo Ii .. p lhe IJroperly Ir .. and cl.ar 01 all ulhur char,a, Ii.M or aDaUDbr.nc.a im,*,IA, lhe IOCt.IrHy 01 &hia Deed 01 TrUlL 3. To "'P aU bYlldlnp now or b.r .. U.r .recled on the properly dllCrlbad h."ln conUnuoUlI,. IMured .. aIMI lou by .r. or olhu hal.,dalln'n amow-nl noll ... lhan lh. LoL.1 dobl MC\IHd by Ihl. Doad 01 Trill!.. All puliciUli .hlil be h.ld by thl Don.'h:i.ry, IoInll btl in luch comPinin" lha B.neficiary mlY 'PPf"O'oO, and have Iou PAYlbio firltlo lh. B.n04cillY ... Ita Inl.mL may .ppo~r, IlIlId lhon to Iho Oronlor. Th. amounl. colluci.d t.lndor Iny INiulon&:O Ilolley mar. bo ol'plied upun any Ind.Woclnoil tworllby locur"d !n IlIel! ardor .. lh. B.neficia~ .hall dtlklnnln •. Such appliCiLion by lho Den.Se IIY 1~1t .not ClI4H dlacunLinuI~ 01 Iny IIIOC4Iodlnl1i to lorociou thi. Daed 01 Trl&lL In tha lV.nl. oIloreclll4Jura, aU d,h" 01 t.ha Oranklr In IMurlnee pollel. then In forCi ahalt PUI l.o lh. purchuer It the foraclOlur ... I .. 4 To d.f.nd aa)" acOon or pracudlna purporU", lo alf.et u.. .ecuril)" befool or the rl,hta or pow.n ot Bln.ftcll"" or Trual .... nd t~ pay .11 COI1I .M "penNI, Iacludln. COIl. ot UU. lUrch .nd al.lorn.y·. I ... In a rOAlOnabl. amounL, In .ny .uch &cLion or pro· caadina. and in an)" .w, bro~ht b)" a.naAdary lo 10rlClou lhit Deed 01 TrlllL 5. To PlY .U COIla, ,_ and IKpe ..... In connection with I.hla Deed 01 TrUlt\ Indudlna the a.penNI 01 lho Trual .. Incurrad In .n· lorei", I.hI obllt.lloa aacw.rad hellby-and TrUllM', and auoraey'. I .. Ktu& Iy Ine&ured. II proyidid b)' .lItuta. II. Bho"ld Oranlor fall 10 1M' when d", .ny lIl-. .... m.nta, lneurance praml""", lI.na, .ncwnbr.ncaI or other char._ .,alntl Ih. pto~r')' lMIt~ .... boY. d08C!,!ti:'.\ Donofidal)" ma)' pa)' lh. urn', .nd 1.1.., amuunl 10 fl"ld, wllh Inlar.I. ., lIlO ,Mile HI lurlll in II", not. MC"rid horeb)'. Ib.U &. &0 and IIocom. a ~'I 01 tha doW lICurod In Lhill OWil Qi TNeL IT 18 MUTUALLY AORBKD THAT, 1. fn &be IY.At an, porll_ ot u.. proper'r. La lIkin or clamaaad In .n emlnenl domain p,OCMdIna, tha .nUra amounl 01 tha .w.rd or ,,,et. portJoQ .... )" be ~ 10 lu I), aaUaly &be obll,.uon MC&Ired hareby. INII be paid 10 Ben.a4c.1ary 10 be .pplled 10 Mid obU,aUoA. 2. By .capllna JlI)'lDInt 01 any IWD IlCUred heraby oIl1r ILl due data, Bandci6". daM nol. w.ly. Ita r"hl 10 '*i"I,. prompt pa)" m.nl whoa d", 01 aU other IWDlIO Neurad or 10 dlda,. data,,11 'or lanull '" 10 pe1, S. 'I'M TNitaa ihall NOOn.,., .11 or .ny pan at tho properly OD'Ier. by lhll Deed 01 TrlYt lo the paNOn aaUUed LhlR'-O, on wrlU.n requ .. I. ot &he Or.nlor.Ad the Bendcla"., or upon IItlaluUon 01 t.ba o&Il,aUoA MC&Ind and wrin.a ,.qual lor fecony.yanca mad. by lh. BoneScla". or &N penoA .nUUed thereto. 4. Upon d.llw.lt b1 Ollnlol In th. pa),ment of An)" Ind.bladn .... cured hereby or In tho parformlnce 01 any .,r •• m.nt contained herein .• 11 "'1M lICurad herebt. lhall Immadlataly b.com. due and payAbl •• t UI' opUon ollh. Ben.Ada".. In ",eb .v.nl. Ind upon .rilt.n requ.d 01 Beneaci6".. TrUllH .hlU .. Utha lrllli property, In aocordAnce with I.ha Doad 01 Trllll Ad 01 the Stale 01 Wa.h· io,lon, .1 publia I~Uon 10 the hi,heet biddar. An), panon .IClpl T",,~ ml1 bid .1. TrlYlaa', .. I •. Trill," .hall apply tho prOC4lcd. olth ... I ... (ollow,: (I) 10 the II.Plnaa 01 the .. I" includln, a rlUonlbl. Tru.I .. ', I ..• nd .tklrney·. I .. ; (2) 10 th, oblillation ,ocurau by Ihit Dead 01 Trllll; (3) the .urplu.,ll any, IIUlIl 1.)1 dl.tributed 10 the pel'lOM .nliUed lhellto. 5. Trwl .. lhall d.llv., lo I.h. purchaNr al. the NI. Ita d.od, without wallanlY, which .h.1I cony.)" 10 lh. purch .. ., Ihe Inllto.1 in tho prolHlrty which Oranlor had or had lh. pow., lo conv", .1 lh. limo 01 hi, oncutlon 01 thll Dead of TrUll, and .ueh II h. ma)' hava IoIC1luirld thar."ll.r. Trllll"" deed .hall racita U .. I.cll ,howina thai th. 141. Will conductad In compliance wilh all the rl)' qulramant. of I.w and 01 I.hia Dud of Trwl., which ndt.al .h.1I bo prima laci. avid'IIC' ot .uch compliance .nd conchWv. aviJunc. I"arool in Illyor 01 lJona ftda purch .. ar and encumb,ancan lor val"- 8. Th. pqwer of .. I. conl.rred b)" W. DOild 01 Trwi and b)" I.hI DaacI 01 Truat Act of the Stata 01 Wuhi",lon 11 not an 'Ichaiv. rimed),; BarwAcia..,. ... y caUiol t.hiI Doad of Tnat Lo be foraclOlOd ... mor"a, •. 7. fn the .v.nl. 01 I.he; death, (ncaPlcU)', dlaabHlty or r .. I,nation 01 Trlllle., Ban.Acl.ry mar. ,ppoinl In wrllin, • ,,,ccAlOr truat ••. And upon the recordin, 01 .uch .ppolnlm.nt In the mortaa,. record, 01 the count)' in wh ch lhi, Dead 01 TrUll. II record.d. the ,uccaaor t",,111 ahalt be v .. tad whh all pow.,. 01 Lh. ori,inal I.rllll lA. The tru.tH I, not obli,atad 10 nolily .ny Plrtr h.reLo of pendiRi .. I. und., an)' other Deed. of Tru" or of .ny action or procaadln,ln which Oranklr, Tnataa or ~4clary .hal be. p.rty unl ... luch &cUOD or proceedln. II brou,h& by thl Tnala.. . 8. ThiJ D.ad 01 Tnaat appli .. 10, Inur. 10 lb. beneft, ot. and I. bindin. not onl)' on the parU. h.reto. but Oil lb.I, hein d.vllils I ••• t ..... dmlnwlreLon, ... cuklll and uallne. Tb. term Bene4clary lhall mean the holder and ownar altha note lOCur.d hlt.by' wholher or not named II a.M4ci.l)' her.lo. ' :~:~::'~.~_:N::~. ____ .J ... On LhiI cia, perNuU)' appured boIOII me ....... fl .......... fl .. fl .. _. __ ..... _ .. _ ...... _ .. M._ ••• _ ••.•.. fl .......... _ .. . _ ••• _ •••• M •• _._. _______ •• ______ •• ____ •• lo .. knowa '" be the Individual deacrlbad la and who uecutad lho wlllUll aDd (ore,..lAIlutnuunl, aDd Kkaowladtld &baa • __ .. _. __ aJ,nad 4.b. MIM .. ....... __ .. __ .. tr .. and vol""...". IIOt .nd deed. for the w.NI and PUlPOMllho"iA maal.ioNd. GIVEN ....su .. , hand .... oIBci.1 lUI IhJo ............ day ot. __ .•.. ___ .. _. ____ .......... _ ...• 18 ... _ .. .. ·· .. ····N-;;iA·;;·p~iicib.-;;w.fl·;;~ .. ih-;8·~~-~-w~ lnalon, reUdlll' IL .... ______ ._ .......... _ ... _ ... :nu:: .. c.lTI ... Of. ... Il.mll:lIL .......... _ .......... _ .. _ ...... _ .......... _ .......................... . By: Its t .............................................................................................................. . :~::::.~~~.:: .. _ .. _ .. _._ . .J ~ boto~~ &h;·~·;ii~ ~ N~~;.y .. p';WO·i;-~;r,~;· .. U;·8j;·&; ~··W-;h: ""ion. dw), mmml·lonad and 1W0na, pal'lOllUl1 IPpaa.recl. .. _ ...... _ .................. . ._--_ .. -.. _-_._.------_._-_.-.-....... , 10 IDa kDowa '" be the. .. _ ...... fl .. _ .. _ ...... P""W'O, 1Ad. ___ .. ___ ._ ....... 8ecr.Iar)', ,..peot1veJ)' 01 ... __ ...... _. ____ •. ___ ._. ________ ...... _ ... _ . the OOrpor.LlDD that ... cuted Iha loruolaa ~l, aDd acllnowlldaad tbe .. Id lutnwaal 10 be the tr .. and vOJunlalJ' ad and dMd 01 .. id corpo,. aUon. tor I.ha \lIN and pw.rpGMI lb.llln menUoned. and 011 oath .laled thaI. ........... M ...... _ ........ aw.thorilad to •• laIla the .. Id t .... lnuunl .nd thai the ... 1 albed 1a 1M oorpo"le ... 1 01 u4I corporaUoa, WUn_ m)' hand and o8Iclal .... ha,..", aII.ed IN ., and ,. .. r arat abov. wriltaa. . -.. -----·No1Aljflp~b1jO-iA.Ni·;;~-U;·iiAt;;;·w~\on. '---'"--''''''' r.td.Jnf .L ...... _ ...... _~_M .. _ ...... ____ .... _ .. _.M .. _. __ ... _ .... REQUEST FOR FULL RECONVEYANCE Do no' ,.cord. To N """ only ",,,-ACNe _ 6 ..... pGld.. TO, TRUSTEE. 'I'M undaniPed " 1M 10,11 owner and holder at the DOta lAd all otbat Ind.bt.dn ... eocured by lho within DNd 01 TNtL Said nota. '-O,.thar whh aU othar lad,t,&ad ...... aecur.a by .. 141 Dead olTrua&. hal bean lull)" JlIid and 1Iu.a.d; lAd yow. .rt hereb)' r .. qlM:S~ .nd dlrec&ed, on PlYal.nt lo'J0U 01 an,. .WD11 owl", lo you under the lenNI ot .. id DNd 01 TNt •. '" caGell IIld nol. aboye rn.nlioned, and aU othar .yld.IM* indeblada ... aaaw.red by taJd Deed 01 Tnul d.lIvered to ,.ou herewith, 1oI'l.her with the .. id Dud 01 TrUll. and 10 rlOOny.,., witt~"t w'rranly, '-0 the paru.. deal,Mtad by It .. LofrAI 01 taW Dead 01 1',...1, .11 tha .. tata now h.ld by yOU ..... rihlAdar, 0. ....... _. __________ ..• 111.. __ • STATE OF __________ _ COUNTY OF ________ __ ) ) ss. ) I certify that I know or have satisfactory evidence that THE CITY OF RENTON signed this instrument, and on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF RENTON, a municipal corporatIon, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SWORN TO AND SUBSCRIBED before me this __ day of _______________ , 1991. Notary PublIc In and for the State of , residing at _______ _ My commission expires: ________________ _ ATTACHHENT E TO EXHIBIT N LEGAL DESCRIPTION -TRACT A BUSH. ROED 8: HITCHINGS. INC. THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.N., KING COUNTY, WASHINGTON, AND OF THE NORTHWEST QUARTER OF SECTION 24, SAID TOWNSHIP AND RANGE, DE- SCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 13 WITH THE SOUTHWESTERLY LINE OF TRACT A, WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 TO 102, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID SOUTH- WESTERLY LINE AND ON A CURVE OF WHICH THE RADIUS POINT BEARS NORTH 55°39'29" EAST 422.96 FEET, A DISTANCE OF 87.91 FEET; THENCE NORTH 22°26'02" WEST ALONG SAID SOUTHWESTERLY LINE 263.09 FEET TO A LINE DESIGNATED "PERMANENT EASEMENT BOUNDARY" ON U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE MAP, SHEET 1 OF 3, ENTITLED "LAND RIGHTS WORK MAP, P-1 CHANNEL, EAST SIDE GREEN RIVER WPP, CITY OF RENTON, KING COUNTY, WASHINGTON;" THENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF WHICH BEARS NORTH 5°24'02" EAST 165.04 FEET, A DISTANCE OF 112.06 FEET TO A POINT OF REVERSE CURVE, THE RADIUS POINT OF WHICH BEARS SOUTH 44°18 '11" WEST 172.96 FEET; THENCE ALONG SAID REVERSE CURVE AND SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367.02 FEET TO A LINE WHICH BEARS NORTH FROM A POINT ON THE SOUTH LINE OF SAID SECTION 13 WHICH IS 1271. 76 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY LINE OF OAKESDALE AVENUE; THENCE SOUTH 70°46'34" EAST ALONG SAID NORTH- EASTERLY LINE 13.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING A RADIUS OF 922.73 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY THEREON; THENCE CONTINUING ALONG SAID NORTHEASTERLY MARGIN SOUTH 65°13'51" EAST 778.46 FEET TO THE SOUTHWESTERLY LINE OF SAID TRACT A, WASHINGTON TECHNICAL CENTER; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ON A CURVE TO THE RIGHT HAVING A RADIUS OF 422.96 FEET, A DISTANCE OF 110.02 FEET TO BEGINNING. TOGETHER WITH TRACT A OF THE PLAT OF WASHINGTON TECHNICAL CENTER, AS PER PLAT RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY. THE ABOVE DESC~~~~~~~~~N'TAINS 525,535 SQUARE FEET OR 12.0646 ACRES. I FIRST CITY WASHINGTON, INC. STEVEN A. HITCHINGS, P.L.S. NOVEMBER 6, 1991 JOB NO. 91400/SUR 53-B ATTACHMENT F TO EXHIBIT N "'. BUSh, • cOED 6: HITCHINGS .... e. ,. LEGAL DESCRIPTION -TRACT B That Portlon of Tract D. Va.hlngton Tachnlcal Ceater, a. recorded ln Vola •• 122 of Plat •• Page. '8 tbrough 102, cecord. of Klng . County, Va.lllngton. lylng Hortherly of .outbwe.t 7tll Stlreet •• deeded to tbe Clty of Ilenton by deed U.led undelr Ilecolrdel". 110. 8702100643, and V .. tel'ly of Hache. Avenue 8outbwe.t a. deeded to the Clty of Renton by deed tl~ed under Ilecorder'. No. 8702100644, Irecord. of .ald COUnty. Flrat C1ty aRK Job Ho •• 86230 ~ 86083 April 28. 1987 Ah; I!Si'N':t,/ ALa/surv. 17. 86230 ATTACHMENT G TO EXHIBIT N INDEMNITY AGREEMENT This Indemnity Agreement made this ~?-day of November, 1991 by and between the city of Renton ("the Cl.ty") and First City Washington, Inc. ("First city"). RECITALS A. WHEREAS, the City deposited dredge spoils, excavated soils and fill material on Tracts A and B of the Blackriver Corporate Park ("Tracts A and B"); and B. WHEREAS, the City has agreed in previous indemnity agreements to accept responsibility as between itself and the owner of Tracts A and B for any claims, causes of action, demands, losses, liabilities, costs, damages and expenses arising out of the City's filling activities; and C. WHEREAS, the City is purchasing a portion of Tract A known as the "city Tract A Property" which the Parties acknowledge may contain contamination exceeding standards established by the state Model Toxics Control Act; and D. WHEREAS, the City Tract A Property contains the only contamination or potential contamination identified by the Parties to date which. is in violation of any ordinances, statutes, laws or other regulations. However, the City is willing to indemnify and hold First city harmless in the event additional contamination is discovered on the portion of Tract A which First City will own after the city's purchase of the City Tract A Property (the "Tract A Remainder") or on Tract B. The Tract A Remainder is more particularly described in Appendix A, and Tract B is more particularly described in Appendix B, which Appendices are attached hereto and by this reference incorporated herein. NOW THEREFORE, as partial consideration for purchase of the City Tract A Property, and for other good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the Parties hereby agrees as follows: 1. Indemnification. The City agrees to release First city and to indemnify, defend and hold First City harmless from and against any and all claims, causes of action, demands, losses, liabilities, costs, damages and expenses (including without limitation attorneys' and consultants' fees, but without waiver of the duty to hold harmless) arising out of or from the entry of the City, including the past entry of the City, its employees, contractors or agents onto the Tract A Remainder or Tract B, or the City's, its employees, contractors or agents placing of dredge spoils, excavated soils and fill material thereon (herein~fter, such entry and activities known as "the City's Filling"), including but not limited to costs of investigation and remediation of soils or groundwater contamination caused by the City's Filling, negotiating with agencies, and defense of lawsuits caused by the City's Filling, brought by agencies or third parties, and payment of fines and penalties occasioned by the city's Filling and will pay all First City's costs and expenses, including attorney's fees, incurred in enforcing this duty to release, indemnify, defend and hold harmless. 2. Covenants Run With the Land.The benefits conferred hereby, and the obligations imposed hereunder, shall operate as covenants running with the land. 3. Successors and Assigns. The city shall not assign its obligations hereunder. The rights and obligations of First City shall inure to the benefit of and be binding upon its successors and assigns and the mortgagees of First City and its successors and assigns. 4. Attorney Fees. The prevailing party in any action brought to enforce or interpret the terms of this Indemnification Agreement shall be entitled to recover its court costs, consulting fees and reasonable attorneys' fees incurred in said action, whether or not suit is commenced. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. FIRST CITY WASHINGTON,INC., a Washington corporation By: ~~~~~~~=-~~-- ItS: __ ~~~~~ __ ~ __ ~ By: --~--------------------~ Its: ____ ~O~EAN~R~F4RI~C~KS~O~~~ __ _ CITY VICE PRESIDfNT OF RENTON By: Earl Clymer Mayor -2 - ATTEST: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of _________________ , 19 __ , before me personally appeared and of the corporation that executed the within and foregoing instrument, and acknowledged 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. In Witness Whereof I have hereunto set my hand and affixed by official seal the day and year first above written. Notary Public in and for the state of ------~--~, My Commission residing at ____________ __ Expires: - 3 - STATE OF WASHINGTON ) ) ss. ) , 1991, before me ~~~~~~~~~~~~~~~Iand f th m c pa co orat on that executed ~~~~~n~~~~~e~g~oing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed·is the official seal of said municipal corporation. In Witness Whereof I have hereunto set my hand and affixed by official seal the day and year first above written. ~~~~ ~2~l2 State of \I.'x\~oq,l,(~ , residing atOlumo • My CommilSiilon Expires: -ll..l._+"'l' ,,"/I,""~,..;CfiTJ.:_;;L. ____ _ F(17S0J.cJJJ4J-tLJr - 4 - -. APPENDIX A TO INDEMNITY AGREEl'1EN'I' ~ar. DUeJUP1'IOM aLaOmIVBR 00It1'0u THAT PORTION OP 'l'Jm SOtl'rHWEST Q NORTH, RANGE 4 EAST, W.K., KIHQ NORTHWEST QUARTaR OF SECTION 24 SCRIBED AS FOLUlWS: BUSH. ROED a HITCHINGS. INC. ER. OF SEC'l'ION 13, TOWNSlUP 23 OUNT~, WASKtNGTON, AND or' THE SAID TOWNSHIP AND RAN~B, 01- BEGINNING AT THB INTERSECTION OP THE SOOTH LIHB 9F SAID SECTION 13 WITH THE SOVl'HWESTE1U.~ ·LINB 0 ~CT A,. NASlUNGTON TECHNICAL CBNTER AS RECORDED IN VOLUME 1 2 OF PLATS, PAGES ~a TO 102, dCORDS 01' SAID COUNTY; THENCE RTBWESTBRLY ALOHG liAIO SOUTH- WESTERLY LINE AND ON A CURVE 0 WHICH THE RADIUS POINT BEARS NORTH 55°31'21-lAST 422.96 FE T, A DISTANCE OF 87.91 FBETI THENCE NORTH 22°26'02-WEST ALON~ SAID SOUTHWESTERLY LINE 263.09 FEET TO A LINE DESIGNATED lip T EASEMENT BOt1NI)ARY· ON U. S. DEPARTHENT OF AGRICOIll't1RE, SOIL NSERVATION SBRVl:CB MAP, SHEB'1' 1 OF 3, ENTITLED -LAND RIGHTS WOR HAP, P-l CHANNEL, EAST SlOB GREEK RIVER WP.P, CITY OF iUmTOH, NG COUNTY, WABHIlIGTON;· THENCE ALONG SAID LINE AND Olf A CORVE, HE RADIUS POINT OF WHICH BItARS NORTH 5'24'02" EAS'1' 165.04 FERT, DISTANCE OF 112.06 FEET TO A POINT or RItVDSE CORVB, THB RAD US POINT OF WHICH BEARS SOUTH 44 6 18'11-WEST 172.96 PEET; THEN E ALOHG SAID REVERSE CURVE AND SAID LINE 133.74 PEtrI THENCE-WES ALONG SAID LINE 367.02 FEET TO A LINE WHICH BEARS NORTH PROM A INT ON THE SOUTR LINE OF SAID SECTION 13 WHICH IS 1271.76 FE EAST OF THE SOUTHWEST CORNER THEREOF: THllNCE SOOTH 133.36 FEE TO THE. NORTHEASTERLY LINE OF OAX1!SOM.E AVIINUE, THENCE SOUTH 7 °46'34" EAST ALONG SAID NORTH-EASTE~Y LINE 13.95 FEET TO THE ~EGINNING OF A TANGENT CURVE TO THB RIGHT, ALONG SAID NORTHEASTERLY LINE. RAVING A RADIUS or 922.73 FEET; THENCE ALONG SAID c' VE THROOGH A CENTRAL ANGLE OF 5'32'43" AN ARC LENGTH OF 89.30 FBET ~o A POINT OF TANGENCY THERBON 1 THENCB CONTINt1ING ALONG AID NORTHEASTERLY ~IN SOUTH 65 6 13'51" EAST 778.46 tEET TO T E SOUTHWESTERLY LINE OF SAID _~CT A, WASHINGTON TECHNICAL SR; THEHC~ NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ON CURVE TO THE RIGHT HAVING A RADIOS OF 422.96 FEET, A DISTANCE lor 110.02 FEET TO BBGINNING. TOCBTHER WITH TRACT A OF THE PLAT iOF WASIlINGTON TECBNIClU. CENTER, AS PER PLAT RECORDBD IN VOLUKS 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF RING COtJN'l'Y. EXCEPT THAT PORTION DESCRIBED AS OLLOWS: BEGINNING AT THE MOST WESTERLY C RN2R OP TRACT A, PLAT OF WASH- INGTON TECHNICAL CENTER AS RECORD 0 IN VOLUME laa OF PLATS, PAGES 98 TO 102, RECORDS OF KING CO Y, WASHINGTON, SAID WESTERLY CORNER BIING AT THE IHTERSECTIO OF THE SOUTHWESTERLY LINE OF SAID "TRACT A" WITH A LINE DESIGN TED "PERMANENT EASEMENT BOtlND- ARY· ON O.S. DEPARTMENT OF AGlUC TURE, SOIL CONSERVATION SERVICE MAP, SHEET 1 OF 3, EN'l'ITLE H~~~RIGHTS WORK MAP, P-1 CHANNEL, · .. , .1 , ' BUSH, ROED a HITCHINGS, INC. EAST SIDS GREEN RIVER WPP, CITY TONlft 'rHENCB ALONG SAID LINE AND N A CURVE, THE RADIOS POINT OF WHICH BEARS NoaTH 5 0 24'02" EAST 1 5.04 FBET A DISTANCE OF 112.06 FBET TO A pOINT OF REVERSE CtJRVB, TIm RADIUS POINT or WHICH BBARS SOtl'm 44°18'11" WEST 172.96 PIE'l'I. 'l'HBNCE ALONG SUD REVERBE ctJRVB AND SAID LINE 133.74 PEET; THEN E WEST ALONG SAID LINE 367.02 . FBET TO A LINE WHICH B!ARS NORTH.FROM A POINT ON TEE SOUTH LINE OF SAID SECTION 13 WHICH IS 1,27 .76 FEET BAST OF THE SOUTHWEST CORNER. THI;!REOF 1 THENCE sOtnB .36 FU'I' TO 'l'HE NORTHEASTERLY LINB OF OAKESDALE AVENUE; fRENCI 70"46'34" EAST ALONG SAID NOR'l'HEASTERLY LINE 13.95 FU'I' TO OF A TANGENT CtJRVE TO THB RIGH'l', ALONG SAlD LINE, HAVING A RADIUS OP 92".13 PBETI 'l'KENCS ALONG SAID A CSN'rBAL ANGLE OF 5·:32'43", AN ARc LENGTH OP' 89.3 TO 'A POINT OF TANGENCY 'l'H1UON; TRElfCE CON'rlNVING, ALONG NOR'lHEASTSRLY !«pOIR sotITH 6S 0 13'Sl" BAST 286.785 FliT 'I'O OF A NON-TANGENT CURVE TO THE LEFT HAVING A POINT WHICH BEARS NORTH 5"30'13· WEST A DISTANCE OF PEET; TRElfCE NORTHWESTERLY ALONG SAID CURVE THROUGH A ANGLE OF 58°43'39 a AN ARC LENO'I'R OF 57.33 PBBT TO A OF TANGENCY; THINCE NORTH 2,046'09 ft EAST 15.70 FEET; NORTH 89°30'0'" EAST 214.53 FEET TO THE BEGINNING OF A CURVE TO THE LEFT RAVING A RADIUS OF 1003.00 FEET, THENCE ALONG SAID CORVE THROUGH A CENTRAL ANCLE of 13·50'35" AN LENGTH OF 242.33 FEET; THENCE NOR~H 29.28'31-WEST 207.28 TO THE NORTHWESTERLY LINE OF SAID "'I'RAC'I' ,." OF 'l'HE PLAT OF TECHNICAL CENTERI THENCE , SOOTH 60·31'21" WEST ALONG SAID LIN! 86.76 FEBT TO Tal BEGINNING OF A TANGENT CURVE THE 'l'KERBOIt, HAVING A RADIUS OF 165.04 FEET; THENCE AND WESTERLY ALONG SAID CORVE THROUGH A CENTRAL OF 34°52'41" AN ARC LENGTa OF 100.47 FEET TO THE POI~ OF NG. mE ABOVE DESCRIBED PARCEL COI'T}I!~'S 363,13S SQUARE FElT OR 8.3364 ACUS. 2 CITY WASHINGTON, INC. A. XITCHINGS, P.L.S. lW~V:Dg~ER 6, 1991 NO. t1400/Sua 53-D , , BUSh. .cOED Ii HITCHINGS. INc. APPENDIX B 'ID INDa-ftH'IY AGRE£M£Nf That Port1on of Tract 0, Waehlngton Technlcal Center, a. recorded ln Volu.e 122 of Plat., Pages 98 through 102, recorde of K1ng County, Wa.hlngton, 1ylng North .. r1y of South" ... t 7th Stre .. t a. d .. eded to the Clty of Renton by d .... d fl1 .. d und .. r Recorder'. No. 8702100643, and We.terly of Nachee Avenu .. South" .. st a. deeded to th .. Clty of Renton by d .. ed fl~ed under Record .. r'e No. 8702100644, record. of .ald County. Flrat City BRa Job Nos. 86230 , April 28, 1987 ALa/surv. 17, 86230 86083 Ak, 4'p.r.r.D/ , , November 20, 1991 2. Description Af Prgperty. Purcha.er aqree. to purchase from Seller, and Seller aqre .. to sell unto Purchaser, the real property COlIIIIon1y known as Lots. 5, 7, 8, 9, 10 and a portion of Lot 6 of Traot C of Ilackriver Corporate Park, in Kinq COUnty, Washinqton, and referred to in this Purchase Aqreement as the "City Tract C Property,· which property is depicted in Attachment A and leqally described in Attachment B, both of which are attached hereto and incorporated herein. Purchaser hereby authorizes the insertion over its siqnature of the correct leqal description of the above desiqnated property if unavailable at the time of siqninq, or to correct the 1eqa1 description previously entered if erroneous or incomplete. 3. Purchase Price. The purchase price is Two Million Five HUndred One Thousand Two HUndred Twenty-eight and No/100 Dollars ($2,501,228.00), payable in cash at closinq,. 3.1 As additional consideration for the sale, Purchaser shall at closinq: (a) ,Ii Pay diz:ectly or reimburse Seller for the costs of surveyinq the boundary of a portion of Lot 6 of the City Tract C 'Property, and preparinq the legal descriptions therefoj; . -. ~ ~ ~, (b) provide evidence reasonably satisfactory to Seller of a completed lot boundary adjustment between a portion of Lot 6 of city Tract C Property and the remaininq portion of Lot 6 of Tract C not beinq purchased hereunder. - 2 - November 20, 1991 BDIBI!' 0 .REAL ESTATE PURCHASE AND SALE AGREEMENT fFoR A PORTION OF TRACT C .. THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (the "Purchase Agreement") is between FIRST CITY WASHINGTON, INC., a Washington corporation ("Seller") and the CITY OF RENTON, a municipal corporation ("Purchaser"), and is made for the purpose of purchase and sale of the following described real property. In consideration of the covenants and agreements hereinafter made, the parties agree as follows: 1. Relationship to Memorandum Agreement. The purchase and sale described herein is an element of that certain Memorandum of Agreement Regarding Blackriver Corporate Park Tracts A, Band C dated November 20, 1991 (the "Memorandum Agreement") between the parties hereto (the "Parties") and other parties. It is the intent of the Parties that this Purchase Agreement shall implement in part the terms of the Memorandum Agreement. In the event of any inconsistency between the terms and provisions of this Purchase Agreement and the Memorandum Agreement, the terms and provisions of the Memorandum Agreement shall govern. This Purchase Agreement shall become effective upon the date of execution of this Purchase Agreement and the Memorandum Agreement by all the parties thereto. In no event shall this Purchase Agreement become effective absent acceptance and execution of the Memorandum Agreement by all parties thereto. - 1 - November 20, 1991 3.2 As further consideration for the sale, Purchaser shall within a period of ten years from the date of execution of this Agreement: (a) Grant Seller the opportunity for mitigation credits to mitigate for impacts to wetlands, wildlife habitat, open space and other sensitive areas which impacts may be occasioned by the development of the portion of Tract C remaining in Seller's ownership or, with Purchaser's approval, which approval shall not unreasonably be withheld, impacts of other development located in a three mile radius of the City Tract C property ("Mitigation Credits"), and those rights of entry or easements that are necessary for Seller to utilize such Mitigation Credits on the portion of the city Tract C property purchased with funds obtained by the City from the King County Open Space Program ("City Tract C -Open Space Area"). (b) Grant Seller Mitigation Credits and those rights of entry or easements that are necessary for Seller to utilize such Mitigation Credits on the portion of Tract C purchased with funds obtained by the City from the Municipality of Metropolitan Seattle ("City Tract C -Metro Area"), to the extent such opportunity for Mitigation Credits remains after Metro has used its rights to mitigate or disclose plans to utilize its rights to mitigate under that certain Agreement between Metro and Purchaser dated July 1991. - 3 - November 20, 1991 (c) Agree to in good faith consider and promptly respond to any reasonable proposals by Seller for the granting of easements as necessary for utilities, landscaping, access and other requirements on the City Tract C Property, and for credit for the City Tract C Property regarding satisfaction of setback, yard, landscape and other zoning code requirements on the portion of Tract C remaining after Purchaser's purchase of the City Tract C Property, in recognition that the remainder is a small, unusually shaped area with environmental sensitivities which may make a standard development difficult. Purchaser's obligation to grant Mitigation credits, easements and zoning code waivers as more particularly set forth in this section 3.2 shall survive closing. 4. Title. Title to the city Tract C Property shall be free of encumbrances or defects except the right to Mitigation Credits and easements as specified above and those exceptions approved by Purchaser as provided below. Seller agrees to furnish to Purchaser a Standard Coverage Owner's Policy of Title Insurance, such policy to be effective on the date of closing and such policy to be issued by Transamerica Title Insurance Company. As soon as reasonably possible following the opening of escrow, but not later than ten (10) days following the last Party's execution of this Agreement, Seller shall furnish to Purchaser a Preliminary Commitment (the "Commitment") on the City Tract C Property, together with copies of any exceptions set forth in the -4 - November 20, 1991 commitment. Purchaser shall have ten (10) days from receipt of the Commitment within which to notify Seller in writinq of Purchaser's disapproval of any exception shown in the Commitment: provided, however, that riqhts reserved in Federal Patents or State Deeds, buildinq or use restrictions qeneral to the district, existinq easements not inconsistent with the intended use of the restricted parcels, and buildinq or zoninq requlations or provisions shall not be deemed exceptions. Seller shall have thirty (30) days from the date of receipt of Purchaser's objections to determine whether or not to cure such exceptions. If Seller declines or .is unable to cure any of the exceptions objected to from the Policy of Title Insurance to be issued, Purchaser may either (i) elect to declare this Purchase Aqreement void, or (ii) consummate the transaction in the same manner as if there had been no title objections. In the event Purchaser does not provide written notice of objections within the time period provided, Purchaser will be deemed to have accepted the condition of title as set forth in the Commitment. In the event Seller does not provide written notice to Purchaser that Seller declines or is unable to cure any of Purchaser's objections within the time period provided, Seller will be deemed to have aqreed to cure such·objections. Seller shall have until closinq to cure any objections which it has aqreed to cure. Seller and Purchaser shall split any cancellation fee for the Commitment, such fee not to exceed One Hundred Dollars ($100.00). - 5 - November 20, 1991 5. Conveyance. Transfer of Seller's interest in the City Tract C Property shall be by Statutory Warranty Deed, subject to the encumbrances more particularly described in paraqraph 4 above, and also subject to the indemnification and release more particularly set forth in paraqraph 11 below. 6. Prorations. Taxes for the current year shall be prorated as of the date of closinq. 7. Condition to Closing. The obliqations of the Seller under this Purchase Aqreement are conditioned upon Seller's receipt of a site plan approval and shoreline permit for the remaininq portion of Tract A and Tract B, on terms and conditions reasonably acceptable to Seller, in conformance with the Mitiqation Conditions and other provisions of the Memorandum Aqreement. This condition may be waived by Seller in its sole discretion and any such waiver shall be in writinq. 8. Closing. This purchase shall be closed in the Seattle· office of Transamerica Title Insurance Company (the "Closinq Aqent"), within 30 days after satisfaction or waiver of the condition specified in section 7 above, but in any event not later than two years from date of this Purchase Aqreement, which shall be the termination date. The Parties will deposit in escrow with the Closinq Aqent all instruments and moneys necessary to complete this purchase in accordance with this Purchase Aqreement. The premium for the standard coveraqe Owners' Policy of Title Insurance shall be paid by Seller. The -6 - November 20, 1991 escrow fee shall be pai4 one-half (1/2) each by the parties. Purchaser shall pay recordinq fees an4 all other costs an4 expenses normally borne by Purchaser. As this sale is to a municipal corporation, no real estate excise tax shall be assesse4. 9. Possession. Seller shall 4eliver possession of the City Tract C Property to Purchaser on 4ate of closinq. 10. Condition of Property. The Purchaser has inspected the city Tract C Property ~nd aqrees to accept the City Tract C Property "As Is" in its present condition. Purchaser aqrees and acknowledqes that Seller makes no representations or warranties with respect to the physical condition of the city Tract C Property, and that the city Tract C Property is subject to the indemnity and release set forth below. 11. Indemnity and Release. Purchaser aqrees to release Seller from and to indemnify, defend and hold Seller harmless from and aqainst any and all claims, causes of action, demands, losses, liabilities, costs, damaqes and expenses (includinq, without limitation, attorneys' and consultants' fees, but without waiver of the duty to hold harmless) arisinq from or out of the entry of Purchaser, includinq the past entry of the Purchaser, its employees, contractors or aqents onto the City Tract C Property or the placinq of dredqe spoils, excavated soils and fill material thereon, by Purchaser, its employees, contractors or aqents (such entry and activities hereinafter "Purchaser's - 7 - November 20, 1991 Fillinq") includinq but not limited to costs of investiqation and remediation of soils or qroundwater contamination caused by Purchaser's fillinq, neqotiatinq with aqencies, and defense of lawsuits, occasioned by Purchaser's Fillinq, brouqht by aqencies or third parties, and payment of fines and penalties occasioned by Purchaser's Fillinq and will pay all Seller's costs and expenses, includinq attorneys' fees, incurred in enforcinq this duty to release, indemnify, defend and hold harmless. The indemnity set forth in this paraqraph shall survive closinq. 12. pefault. If either Party defaults in its contractual performance herein, the non-defaultinq Party may seek specific performance (or mandamus) pursuant to the terms of this Aqreement, damaqes, rescission or injunction. Purchaser is purchasinq the city Tract C Property in its proprietary capacity not its qovernmental capacity and therefor sovereiqn immunity does not apply to the enforcement of this Purchase Aqreement or the Memorandum Agreement. The non-defaultinq Party shall be entitled to recover its costs and attorney's fees in the event counsel is retained as a result of such default. A default under the terms of this Purchase Aqreement shall be deemed a default under the terms of the Memorandum Aqreement, and in such event the non-defaultinq Party shall be entitled to all remedies provided by the Memorandum Aqreement in addition to the remedies provided hereunder. - 8 - November 20, 1991 13. Miscellaneous. There are no verbal or other agreements which modify or affect this Purchase Agreement, other than the Memorandum Agreement. Time is of the essence of this Purchase Agreement. Purchaser has not consulted with, nor discovered the City Tract C Property through the use of a realtor or other agent and there are no finders fees or commissions due upon this transaction. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as transmission of an original. At the request of either Party, or the Closing Agent, the Parties will confirm facsimile transmitted signatures by signing an original document. Notices given under this Purchase Agreement shall be in writing and shall be delivered personally with written receipt therefor sent via facsimile transmission or sent by certified mail, return receipt requested, to the following addresses: Seller: Dean Erickson First City Washington, Inc. 700 Fifth Avenue, Suite 6000 Seattle, WA 98104 With copy to: Amy L. Kosterlitz Buck & Gordon Purchaser': 1011 Western Avenue, suite 902 Seattle, WA 98104 Mayor, City of Renton 200 Mill Avenue South Renton, WA 98055 -II - With copy to: Lawrence Warren city Attorney 100 South Second Street Post Office Box 626 Renton, WA 98057 November 20, 1991 14. Residency of seller. Seller warrants to Escrow Agent that if Seller is an individual, Seller is not a non-resident alien for purposes of u.S. income taxation or if Seller is a corporation, partnership, trust, or estate, Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate. 15. Assignment. This Purchase Agreement is not assignable by Purchaser or Seller without the express written consent of the other Party to this Agreement, which consent will not be unreasonably withheld. 16. Goyerning Law. This Purchase Agreement shall be construed and interpreted under and shall be governed and enforced in all respects according to the laws of the State of Washington. 17. Oral Agreements and Representations. There are no oral or other agreements, including but not limited to any representations or warranties, which modify or affect this Purchase Agreement. Seller shall not be bound by, nor liable for, any warranties or other representations made by any other person, partnership, corporation or other entity unless such representations are set forth in a written instrument duly executed by Seller. -10 - November 20, 1991 18. Enforcement. Either Party's failure to insist upon or enforce strict performance by the other Party of any provision of this ,Purchase Aqreement or to exercise any riqht under this Purchase Aqreement shall not be construed as a waiver or relinquishment to any extent of such Party's riqht to assert or rely upon any such provision in any other instance, which provision shall remain in full force and effect. 19. Binding Nature. All riqhts and obliqations arisinq out of this Purchase Aqreement shall inure to the benefit of and be bindinq upon the respective successors, heirs, Bssiqns, tenants, administrators, executors, and marital communities, if any, of the Parties to,this Purchase Aqreement. This Purchase Aqreement shall not bind either Party unless it has been properly authorized, executed and delivered by Purchaser and Seller. 20. Captions. The captions and section headinqs of this Purchase Aqreement are inserted for convenience only and shall not be deemed to limit or expand the meaninq of any section. 21. Inyalidity. If any provision of this Purchase Aqreement shall be held invalid, void, or illegal, it shall in no way effect, impair or invalidate any of the other provisions of this Purchase Agreement. 22. Warranty and RepresentAtion of Authority. Seller and Purchaser each represent to the other that the person or persons signing this Purchase Agreement have authority to execute the same and to bind the Parties to this Purchase Agreement: and that -11 - November 20, 1991 it has obtained all consents, permissions, and approvals related to entry into this Purchase Aqreement, its obliqations under this Purchase Aqreement or under any covenant, aqreement, encumbrance, law, or regulation applicable to the Parties to this Purchase Agreement. 23. counterparts. This Purchase Agreement may be executed in counterparts, which, shall include siqnatures forwarded by telecopy which shall be treated as oriqinals for all purposes. All executed coun~erparts shall constitute one agreemer.t, bindinq on all of the Parties, notwithstanding that all the Parties have not siqned the oriqinal or the same counterpart. Any such counterpart shall be admissible into evidence as an oriqinal against the person who executed that counterpart. SET.T.ER: FIRST CITY WASHINGTON, INC., By: /'. Its: on corporation /' DEAN R. ERICKSON viCE PRESIDEN I Da ted: LfZctJ.t1a1Lv1.. PURCHASER: THE CITY OF RENTON, a mun~a~co~oration By: ,G..~):_ \' \.\'r<!! 1 ~ Eai"i Clymer " Mayor ) / ! ~'"', \ '-'. i , ,~ , Dated: ···.Ci C '. APPROVED AS TO FORM: ATTEST: ';J/?~~ 41ty cie -12 - A B FC\7SOJIAOlI01JJ.ALK A'l"l'ACHMENTS Graphic depiction of City Tract C Leqal description of city Tract C -13 - November 20, 1991 ., u ., '" I-< >-., .... <.J ATTACHHENT A TO EXHI BIT 0 CITY TRACT C PROPERTY / , I A .' . . AlT"~~;-13 TD E;"*,6!T' 0 November 20, 1991 BDIBI" P . ,. ',9PTION AGREEMENT THIS OPTION AGREEMENT (the "Option Agreement") is made this day of November, 1991 by and between FIRST CITY WASHINGTON, INC., a Washington corporation ("Optionor") and the CITY OF RENTON, a municipal corporation ("Optionee"). In consideration of the covenants and agreements hereinafter made, the parties agree as follows: 1. B§lationship to Memorandum Agreement. This option Agreement is an element of that certain Memorandum of Agreement Regarding Blackriver Corporate Park Tracts A, Band C dated November 20, 1991 (the "Memorandum Agreement") between the parties hereto (the "Parties") and other parties. It is the intent of the Parties that this Option Agreement shall implement in part the terms of the Memorandum Agreement. In the event of any inconsistency between the terms and provisions of this Option Agreement and the Memorandum Agreement, the terms and provisions of the Memorandum Agreement shall govern. This Option Agreement shall become effective upon the date of execution of this Option Agreement, the Purchase Agreement for a Portion of Tract C ("City Tract C Property") between the optionor and Optionee, and the Memorandum Agreement by all the parties thereto. In no event shall this Option Agreement become effective absent acceptance, execution, and closing of the Purchase Agreement for the City Tract C Property, unless First City shall otherwise determine in - 1 - November 20, 1991 its sole discretion, and execution of the Memorandum Agreement by all parties thereto. 2. pescription of Property. Optionor hereby grants to Optionee, subject to the terms and conditions set forth in this option Agreement, an exclusive option ("the Option") to purchase Lot 3, Lot 4 and a portion of Lot 6.~(the portion remaining after ~, the Optionee's purchase of the City Tract C Property) of the property commonly known as Tract C of Blackriver Corporate Park, in King County, W~shington, and referred to in this option Agreement as the "Tract C Option Property," which property is depicted in Attachment A and legally described in Attachment B, both attached hereto and incorporated herein. Purchaser hereby authorizes the insertion over its signature of the correct legal description of the above-designated property if unavailable at the time of signing or to correct the legal description previously entered if erroneous or incomplete. 3. TermS and Conditions. Optionee may purchase all or a portion of the Tract C Option Property, subject to the following conditions: 3.1 Option Period. The period within which the option may be exercised (the "Option Period") shall run for two years from the date of mutual execution of this Option Agreement. 3.2 Exercise of option. In the event Optionee elects to exercise the option, Optionee shall, within the term of the Option Period, exercise this Option by sending written notice of - 2 - November 20, 1991 optionor for the grantinq of easements as necessary for utilities, landscapinq, access and other requirements on the portion of the Tract C Option Property purchased by Optionee and for credit for the portion of the Tract C Option Property purchased by Optionee reqardinq satisfaction of setback, yard, landscape or other zoninq code requirements on the property remaininq after the Optionee's purchase based upon the hardship created by optionee's proposed purchase of only a portion of the Tract C Option Property. 3.6 optionor's pursuit of pevelopment Approvals. curinq the Option Period, optionor may take actions and incur costs in pursuinq development of the Tract C option Property. 4. Purchase Price. .. The purchase price is as follows: 4.1 The purchase price for the Tract C Option Property shall be $6.00 per square foot if the Option is exercised durinq the first year of the Option Period! .1 4.2 The purchase price for the Tract C Option Property shall be $6.60 per square foot if the option is exercised in the ·second year of the Option Period~ { 4.3 As additional consideration for the sale, optionee shall at closinq: (a) Reimburse optionor for its reasonable costs and expenses, if any, for pursuinq development of the Tract C option Property durinq the second year of the option Period, includinq but not limited to architectural and enqineerinq fees, consultant -4 - November 20, 1991 its intention to Optionor. Concurrent with the notice to Optionor, Optionee shall send notice of exercise of the Option to the escrow agent at Transamerica Title Insurance Company ("Escrow Agent"), in Seattle, Washington. 3.3 Purchase of a Portion. In the event optionee elects to purchase only a portion of the Tract C Option Property, optionor's notice under Section 3.2 above shall contain a description of the portion of the Tract C option Property it desires to purchase; provided, however, that such portion purchased shall consist of first, the remaining portion of Lot 6, next, Lot 4 (or a portion thereof), and last, Lot 3 (or a portion thereof) • 3.4 Optionor Right of Approyal. If Optionee elects to purchase only a portion of the Tract C Option Property, Optionor shall have the right to approve or disapprove Optionee's proposed purchase based upon Optionor's determination in its sole discretion as to whether the proposed purchase leaves Optionor with sufficient property to utilize in a viable development. Such approval or disapproval will be given by Optionor in writing within sixty (60) days of receipt of Optionee's written proposal, unless delayed by Optionee's response under Section 3.5 below. 3.5 Optionee Consideration of Easements and Zoning Waivers. To assist Optionor in a determination of whether sufficient property remains for a viable development, Optionee will in good faith consider and promptly respond to any reasonable proposal by - 3 - • November 20, 1991 fees, permit and application fees and reasonable attorneys fees. Such costs shall not include carrying costs of the Tract C option Property such as general real property taxes, interest on loans and other financing charges. (b) If Optionee purchases only a portion of the Tract C option Property, pay directly or reimburse Optionor for the costs of surveying the boundary of the portion purchased, and preparing the legal descriptions therefor including any easements; and (c) If Optionee purchases only a portion of the Tract C option Property, provide evidence reasonably satisfactory to Optionor of a completed lot boundary adjustment between the portion of the Tract C Option Property purchased and the remaining portion of Tract C option Property not being purchased hereunder. 4.4 If Optionee purchases only a portion of the Tract C Option Property, as further consideration for the option, Optionee shall within a period of ten years from the date of Optionee's exercise of its option: (a) Grant Optionor the opportunity for mitigation credits to mitigate for impacts to wetlands, wildlife habitat, open space and other sensitive areas which may be occasioned by the development of the portion of the Tract C Option Property remaining after optionee's purchase ("Mitigation Credits") and those rights of entry and easements that are necessary for - 5 - November 20, 1991 Optionor to utilize such Mitigation credits, on the portion of the Tract C option Property purchased hereunder. (b) Grant Optionor easements as necessary for utilities, landscaping, access and other requirements, and grant credit regarding zoning code requirements, such as yard, setback and landscape requirements that were determined allowable by Optionee pursuant to Section 3.5 above. (c) If the Optionee proposes to purchase property under th~s Option Agreement with monies granted to optionee conditioned on the opportunity for wetlands credit, those mitigation credits shall be considered to take priority over the mitigation rights of Optionor set forth above Optionee's obligations to grant Mitigation credits, easements and zoning code waivers set forth herein shall survive closing. 5. Failure to Exercise. 5.1 If Optionee fails to timely exercise this Option as required under section 3, or if Optionee terminates this Option at any time by written notice, this Option shall automatically terminate and be of no further force and effect. 5.2 Concurrent with execution of this Option Agreement, Optionee shall deliver to the Escrow Agent an executed and acknowledged Notice of Termination of Option in the form attached to this Option Agreement as Attachment C. Should the Option expire or be otherwise terminated, upon demand by Optionor, -, - November 20, 1991 Escrow Agent shall record the Notice of Termination of Option with the King County Recorder to clear title to the Tract C option Property. Escrow Agent shall have no liability to any Party for recording the Notice of Termination of Option upon Optionor's instructions. 6. Establishment of Closing Escrow. Immediately following mutual execution of this option Agreement, the Parties will establish a.closing escrow with Escrow Agent. Should optionee elect to exercise the option and Optionor accepts optionee's proposed purchase, then within ninety (90) days from the date of acceptance, at a time and date mutually agreed to by the Parties (the "closing Date"), optionee shall pay the consideration specified in Sectiori 4, which shall include the Purchase Price and reimbursement for development costs. On the Closing Date, Optionor shall deliver to the Escrow Agent a Statutory warranty Deed, together with all other documents necessary to convey title to Optionee, and an affidavit certifying that optionor is not a foreign corporation. 7. Title. Title to the Tract C option Property shall be free of encumbrances or defects except the agreements for mitigation credits set forth above, a Memorandum of the -Memorandum Agreement and other encumbrances, restrictions and reservations of record approved by optionee as provided below. Optionor agrees to furnish to optionee a standard coverage Owner's Policy of Title Insurance, such policy to be effective on - 7 - November 20, 1991 the date of closing and such policy to be issued by Transamerica Title Insurance Company. As soon as reasonably possible following the opening of escrow, but not later than ten (10) days following the Optionor's approval of optionee's exercise of the option, optionor shall furnish to optionee a Preliminary Commitment (the "Commitment") on the Tract C Option Property, together with copies of any exceptions set forth in the commitment. optionee shall have ten (10) days from receipt of the Commitment wi~hin which to notify Optionor in writing of Optionee's objection to any exception shown in the Commitment; provided, however, that rights reserved in Federal Patents or state Deeds, building or use restrictions general to the district, existing easements not inconsistent with the intended use of the restricted parcels, and building or zoning regulations or provisions shall not be deemed exceptions. Optionor shall have thirty (30) days from the date of receipt of Optionee's objections to determine whether or not to cure such objections. If Optionor declines to cure any of the exceptions objected to, Optionee may either (i) elect to declare this Option Agreement void, or (ii) consummate the transaction in the same manner as if there had been no title objections. In the event optionee does not provide written notice of objections within the time period provided, Optionee will be deemed to have accepted the condition of title as set forth in the Commitment. In the event Optionor does not provide written notice to Optionee that Optionor - 8 - November 20, 1991 declines or is unable to cure any of Optionee's objections within , , the time period provided, Optionor will be deemed to bave agreed to cure sucb objections. Optionor sball bave until closinq to cure any objections wbich it bas aqreed to cure. Optionor and Optionee sball split any cancellation fee for the Commitment. 8. Condition of Property. optionee bas inspected the Tract C Option Property and agrees to accept the Tract C option Property in its present condition, "As Is." optionee agrees and acknowledqes that Optionor makes no representations or warranties with respect to tbe pbysical condition of the Tract C Option Property, or with respect to the presence of any environmentally hazardous substances on or under the Tract C Option Property. 9. ProratiOns. Taxes for the current year shall be prorated as of the date of closinq. 10.' Closing. This purchase shall be closed in the Seattle office of Transamerica Title Insurance Company (the "Closinq Aqent"). The Parties shall deposit in escrow with the Closing Agent all instruments and moneys necessary to complete this purchase in accordance,with this option Agreement. The premium for the standard coverage OWner's Policy of Title Insurance shall be paid by Optionor. The escrow fee shall be paid one-half (1/2) each by the Parties. Optionee shall pay recordinq fees and all costs and expenses normally borne by Purchaser. As this sale hereunder is to a municipal corporation, no real estate excise tax shall be assessed. - 9 - November 20, 1991 11. Possession. optionor shall deliver possession of the Tract C option Property or portion thereof which has been agreed by the Parties pursuant to this option to Optionee on date of closing. 12. Default. If either Party defaults in its contractual performance herein, the non-defaulting party may seek specific performance (or mandamus) pursuant to the terms of this Option Agreement, damages, rescission or injunction. optionee is entering into this option Agreement in its proprietary capacit~' and not its governmental capacity and therefore sovereign immunity does not apply to the enforcement of this Option Agreement or the Memorandum Agreement. The non-defaulting Party shall be entitled to recover its costs and attorneys' fees in the event counsel is retained as a result of such default. A default under the terms of this Option Agreement shall be deemed a default under the terms of the Memorandum Agreement, and in such event the non-defaulting Party shall be entitled to all remedies provided by the Memorandum Agreement in addition to the remedies provided hereunder. 13. Notices. All notices required or permitted under this Option Agreement shall be in writing and shall be delivered personally with written receipt therefor, sent via facsimile transmission or sent by certified. mail, return receipt requested, to the following: -10 - Optionor: Dean Erickson First City Washington, Inc. 700 Fifth Avenue, Suite 6000 Seattle, WA 98104 with copy to: Amy L. Kosterlitz . Buck , Gordon November 20, 1991 1011 Western Avenue, Suite 902 Seattle, WA 98104 Optionee: Mayor, City of Renton 200 Mill Avenue South Renton, WA 98055 With copy to: Lawrence Warren City Attorney 100 South Second Street Post Office Box 626 Renton, WA 98057 14. Miscellaneous. There are no verbal or other agreements which modify or affect this Option Agreement, other than the Memorandum Agreement and Purchase Agreement for the City Tract C Property. Time is of the essence of this Option Agreement. Optionee has not consulted with, nor discovered the Tract C Option Property through the use of a realtor or other agent and there are no finders fees or commissions due upon closing this transaction. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as transmission of an original. At the request of either party, of the Escrow Agent, the Parties will confirm facsimile transmitted signatures by signing an original document. 15. Assignment. This Option Agreement is not assignable by Optionee or optionor without the express written consent of the -11 - November 20, 1991 other Party to this Option Agreement, which shall not be unreasonably withheld. 16. Goyerning Law. This option Agreement shall be construed and interpreted under and shall be governed and enforced in all respects according to the laws of the state of Washington. 17. Oral Agreements and Representations. There are no oral or other agreements, including but not limited to any representations or warr.anties, which modify or affect this Option Agreement. optionor shall not be bound by, nor liable for, any warranties or other representations made by any other person, partnership, corporation or other entity unless such representations are set forth in a written instrument duly executed by Optionor. 18. Enforcement. Either Party's failure to insist upon or enforce strict performance by the other party of any provision of this Option Agreement or to exercise any right under this Option Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision in any other instance, which provision shall remain in full force an effect. 19. Binding Nature. All rights and obligations arising out of this Option Agreement shall inure to the benefit of and be binding upon the respective successors, heirs, assigns, tenants, administrators, executors, and marital communities, if any of the -12 - November 20, 1991 parties to this Option Agreement. This Option Agreement shall not bind either Party unless it has been properly authorized, executed and delivered by Optionee and optionor. 20. captions. The captions and section headings of this option Agreement are inserted for convenience only and shall not be deemed to limit or expand the meaning of any section. 21. Inyalidity. If any provision of this Option Agreement shall be held invalid, void, or illegal, it shall in no way effect, impair or invalidate any of the other provisions of this option Agreement. 22. Warranty and Representation of Authority. Optionor and optionee each represent to the other that the person or persons signing this option Agreement have authority to execute the same and to bind the Parties to this Option Agreement; and that it has obtained all consents, permissions, and approvals related to entry into this option Agreement, its obligations under this option Agreement or under any covenant, agreement, encumbrance, law, or regulation applicable to the Parties to this option Agreement. 23. counterparts. This option Agreement may be executed in counterparts, which shall include signatures forwarded by telecopy which shall be treated as originals for all purposes. All executed counterparts shall constitute one agreement, binding on all of the parties, notwithstanding that all the parties have not signed the original or the same counterpart. Any such -13 - November 20, 1991 counterpart shall be admissible into evidence as an original against the person who executed that counterpart. OPTIONOR: FIRST CITY WASHINGTON, INC., a Washing on corporation " By: ./ Its: DEAN R. ERICKSON V1GE PRESIDENT Dated: ~~ J-/, tti1/ OPTIONEE: THE CITY OF RENTON, a mun~ipal corporation y \' \" '0 By • ((,' '., \,' '. f... • !:~~c1ymer' " ~' '. Dated: ~\~. ~\ , '(,r. I, I (\ ( APPROVED AS TO FORM: i ATTEST: ~ c~ty Cl -14 - A B C FC17S0J~JJ20JJILJr November 20, 1991 ATTACHMENTS Graphic depiction of Tract C Option Property Leqal description of Tract C Option Property Notice ofjrermination of option -15 - TRACT C OPTION PROPERTY >-1 '" > n >-1 n >-1> 0>-1 0 >-1 "0 "'> '. >-1 xn ---~ "':I: 0 ~;l: z "'''' .... z •• "<l '" >-1>-1 0 "<l> "<l '" '" >-1 '" TRACTC f"7n II BLACKRIVER CJ ~[3'J. ~PORATE !~~ l. ............... "'._. I . aPI!ASC~YII!!!.-__ 11-8-91 , . , , ( I , , . , . &~",",D'l' 0 to DJlIIU'f II ml'IO. ,. 'fDlaD'! 011 ,. 0"'1011 The City ot'Renton ("optionee" hereby five. notice that the option franted to it by Fir.t city aahinqton, Inc. ("optionor-) datell .0vea!:Mar 21, 1991, a 1I\QIOrand ot Whioh waa recorded ,111 ,under inq county Itecorller'. rile uN=o-.----------------, ~the 1' .. 1 oatate do.crib8d on Appondix A attaohea here£O, record. of Xinq ounty, W •• hington, 8ituated in xinf County, Wallhington va. not robad by Optione. and Optione. neither h.a nor •••• rt. an inter.st to .aid real estate or any olai. afain.t the optionor. In vitne •• wher.of, Option •• h • ca .. ed thia in.tru.ant to be exeCl.lted thi. day of , U __ • OP'l'ION!BI STATB OF WASHIHQTOH ) ) ... COtnITY or XING ) On thie day ot , 1991, betore a. peraonallr appea2:'oel , of the .unio pal corpora on at exec t.d 0 wIthin and foreqoinq inetruaent, and aoknovle4ga4 •• ill i atrument to be the free and voluntary act and deed at aaiel muni ipsl corporation, for the uae. and purpoaee therein .. ntioned and on oath stated that he va. authorized to axeCl.lte aaiel inat uaent and that the ae.l .ff ixecl "le the otticial .eal ot .. i aunicipal corporation. In Witne.a Whereof I have hare nto .. t ay hand and atlixed by oftlcial aeal the day and ye.r t rat ~v. written. 213lil/21313d 62£ 'ON , . · .. -----~~ . • Wria"f iEC6RDED RETURN TO: _______ --'_ · .. ·l:...:c .. ~;.,-'-, r vised Tract A ._. ___ .. ".~, __ (') (') ''7 (\j ( .... J C\ . .' ."-o (\j 'J' Office of tM City Oerk Renlon Municipal Building 200 Mill A venue South Renton, WA 98055 PUBLIC ACCESS EASEMENT AGREEMENT THIS PUBLIC ACCESS EASEMENT AGREEMENT ("Agreement") is made this ~.o day of .jl.Mr>"-/ 1992/ by and between FIRST CITY WASHINGTON, INC., a Washington corporation, hereinafter referred to as "Grantor/" and the CITY OF RENTON, a municipal corporation, hereinafter referred to as "Grantee." RECITALS: A. Grantor is the owner of that certain real property more particularly described in Exhibit "A," attached hereto and by this reference incorporated herein ("Grantor's Property"). B. Grantor and Grantee desire to establish an easement over and across a portion of Grantor's property (the "Easement Area") to provide public access to property owned by Grantee which is adjacent to Grantor's Property and to the shoreline (the "City Shoreline Property"). The Easement Area is depicted in Exhibit "B-1" and more particularly described in Exhibit "B-2/" attached hereto and by this reference incorporated herein. The City Shoreline Property is depicted in Exhibit "c" attached hereto and incorporated herein by this reference. C. Grantee intends to commence preparation of an Open Space/Wildlife Habitat Master Plan (the "Master Plan"). NOW, THEREFORE, for valuable consideration, the receipt and legal suff.iciency of which is hereby acknowledged / the parties agree as follows: 1. EASEMENT (CONDITIONAL), Grantor hereby grants and dedicates to Grantee and to the public a non-exclusive easement across the Easement Area for the purposes of pedestrian ingress to and egress from the City Shoreline Property for so long as the project permitted by the Memorandum of Agreement dated November 20/ 1991 between Grantor and Grantee has active permits, is under construction or in existence. This grant of easement is expressly conditioned upon the designation of the Easement Area as public access to the city Shoreline Property in the Master Plan. In the event that the Master Plan is not adopted within ten (10) years from the date of this Agreement, or in the event that the Easement Area is not designated in the Master Plan as public access to ·the City Shoreline Property / then this Agreement and the easement crea.ted hereby will terminate automatically / without any further action by either party. 2. LIMITED USE. Public use of the Easement Area shall be limited to pedestrians. Public use of the Easement Area shall be limited to the hours.of dawn to dusk. Grantee shall adopt other rUles and regulations for use of the Easement Area, which rules and regulations must be reasonabljOO'&ppro-mdsoo>}'Sa:laJJSlJ;IIriw":lIm ~Ilt:~ ££I2-22L026 - 1 - c'-) r'j -::.j 0J (\J C\J i .... ~ D :\1 '0' ···;~-.,;.;.;:;.n;.:::;::~~.;r;;::;;._· ... ·.~'·'·';"'''''.···''·~·~''·'··· ...... _.-.... , .•...... , ....... " ............... ' .. " ..... , .. _ ..... ~~ ........ , ....... _._. shall have sole responsibility for enforcement of any rules and regulations affecting the Easement Area, including but not limited to posting of rules and regulations and, in the event of continued public abuse or violation of applicable rules and regulations, Grantee agrees to cooperate with Grantor in temporarily closing off the Easement Area to public access. 3. MAINTENANCE. Grantee shall be responsible for constructing, maintaining and repairing the Easement Area and Grantor shall not be assessed for said construction, repair and maintenance. 4. INDEMNIFICATION. Grantee shall hold harmless and indemnify Grantor from any and all claims, demands, and causes of action brought by any third parties relating to the use of the Easement Area and shall reimburse Grantor for any costs and attorney fees incurred by Grantor in any defense of such claims, demands and causes of action; PROVIDED, HOWEVER, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Grantor, or Grantor's agents or employees; and PROVIDED FURTHER, that in the case of concurrent negligence of the Grantee, its servants, agents, employees and contractors, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, its servants, agents, employees and contractors, as provided for in RCW 4.24.115(2), or as it may hereafter be amended. 5. RUNS WITH THE LAND. The easement, restrictions and covenants, and the benefits conferred hereby, and the obligations imposed hereby, shall operate as covenants running with the land. 6. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 7. AMENDMENT. This instrument may be amended only by a written instrument recorded with the King County department of Records and Elections executed by both the Grantor and the Grantee or their successors and assigns. 8. REMEDIES. In the event of any breach or threatened breach of this Agreement by either party, the other party, or their successors and assigns, shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach, the parties agreeing for themselves, their successors and assigns that failure of either party to perform its obligations hereunder will cause irreparable damage to the other party. Grantee hereby expressly waives the defense of sovereign immunity. - 2 - I' . __ ... _' ....... _._'" ":';iN"'~~iiiiiG;tiFHi!j;i.i~Ra~i!lI>IW~~:;;.~"~'~~'H' '.'~to1~r.w;~i_W,~illi;\jl!.l;\;rr""i~I~;~,,;::all';iliilllli !-.""''''~.-.. -.-9. NO T'RMINATION UPON 8REACH. It i. expreeely agreed j~ that no breach of this instrument shall entitle either party to ~ cancel, rescind, or otherwise to terminate this Agreement; PROVIDED, however, that this provision shall not limit or otherwise affect any other right or remedy which such party may have hereunder by reason of any breach of this Agreement. 10. ATTORNEYS' FEES. The prevailing party in any action brought to enforce or interpret the terms of this Agreement shall be entitled to recover its costs and reasonably attorneys' fees incurred in said action. FIRST CITY WASHINGTON, INC., a Washington corporation By: ~~.O~V-~.~<J_~ Its: DEAN R. ERICKSON By: Its: CITY OF RENTON, a municipal corporation By: Its: ~~ , Marilyn J. Petersen. City Clerk - 3 - '·I~ ••.• ",." ............. _.:-.. , ... ~ ..... ~ ....... _.~ ..... ' ....... -... _., .-. ---~-- ,-.--) ('J ''7 N ('J N f"-a C\J CJ' STATE OF ~~~ COUNTY OF -I/.;..='~-=t-----ss. On t~is day personally appeared bef~.l\.e ~At\J</t.ru:~~n IL.w.m1\\J,16Q\\().t'!\U , to me known to be the l,J.cg,,~{F+ShlJr~i!:i1 of FIRST CITY WASHINGTON, INC., the corporatlon that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ~ ~ ~ authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. .. ~ .,:J#>SION h, .... $ It' .~ -,;0". ~ : !CJ NOtA ~y ~\ Cl :. -' "" yp. -: : -*-: : So ~ \-,: PUBLIC l ~ § ':0 "J" ,,~ .1>:"" 0"'': " ~ "'/( 29 \~;, fi:. .. "" V ••••• ". ~: /Itt ... "'##?~ WAS"'\~,"'" 11," .. 11'" official seal this 9-m day of Notar~ublic la~d, for th~ s.tate of \>J ~..Iro)\, resldlng at rJor'\ My coll1i11iSTon expires: l\-2..~-qS STATE OF \U<\::-.\~ \qy=-- ~. ss. COUNTY OF ~~ ) I certify ~at I knop or have satisfactory evidence that Et/RL &)/yetG i A/AtI()u./ fWRWtI signed this instrument, and on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Me Yo 1:-r' t!.dTV tket.J(..-of the CITY OF RENTON, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. , 1l\,. ~RN TO AND SUBSCRIBED before me thls ~ ______ ~~·~'~]~!~A~,-------, 1992. i~ ~ day of FC<7501 IABOJ052ALK - 4 - : -·'n!r.oil........,...... ... ·--.. __ ·,,· ... _-- TRACT A EXHIBIT "A" LEGAL DESCRIPTION (REMAINDER PARCEL) BLACKRIVER CORPORATE PARK -PHASE VIII THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, AND OF THE NORTHWEST QUARTER OF SECTION 24, SAID TOWNSHIP AND RANGE, DE- SCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 13 WITH THE SOUTHWESTERLY LINE OF TRACT A, WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 TO 102, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID SOUTH- WESTERLY LINE AND ON A CURVE OF WHICH THE RADIUS POINT BEARS NORTH 55°39'29" EAST 422.96 FEET, A DISTANCE OF 87.91 FEET; THENCE NORTH 22°26'02" WEST ALONG SAID SOUTHWESTERLY LINE 263.09 FEET TO A LINE DESIGNATED "PERMANENT EASEMENT BOUNDARY" ON U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE MAP, SHEET 1 OF 3, ENTITLED "LAND RIGHTS WORK MAP, P-1 CHANNEL, EAST SIDE GREEN RIVER WPP, CITY OF RENTON, KING COUNTY, WASHINGTON;" THENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF WHICH BEARS NORTH 5°24'02" EAST 165.04 FEET, A DISTANCE OF 112.06 FEET TO A ~ POINT OF REVERSE CURVE, THE RADIUS POINT OF WHICH BEARS SOUTH r:;; 44 ° 18 '11" WEST 172.96 FEET; THENCE ALONG SAID REVERSE CURVE AND ~ SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367.02 FEET TO ~ A LINE WHICH BEARS NORTH FROM A POINT ON THE SOUTH LINE OF SAID ~ SECTION 13 WHICH IS 1271.76 FEET EAST OF THE SOUTHWEST CORNER t) THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY LINE OF ~ OAKESDALE AVENUE; THENCE SOUTH 70°46'34" EAST ALONG SAID NORTH- 0' EASTERLY LINE 13.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING A RADIUS OF 922.73 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY THEREON; THENCE CONTINUING ALONG SAID NORTHEASTERLY MARGIN SOUTH 65°13'51" EAST 778.46 FEET TO THE SOUTHWESTERLY LINE OF SAID TRACT A, WASHINGTON TECHNICAL CENTER; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ON A CURVE TO THE RIGHT HAVING A RADIUS OF 422.96 FEET, A DISTANCE OF 110.02 FEET TO BEGINNING. TOGETHER WITH TRACT A OF THE PLAT OF WASHINGTON TECHNICAL CENTER, AS PER PLAT RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF TRACT A, PLAT OF WASH- INGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 TO 102, RECORDS OF KING COUNTY, WASHINGTON, SAID WESTERLY CORNER BEING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID "TRACT A" WITH A LINE DESIGNATED "PERMANENT EASEMENT BOUND- ARY" ON U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE MAP, SHEET 1 OF 3, ENTITLE "LAND RIGHTS WORK MAP, P-1 CHANNEL, 1/2 EAST SIDE GREEN RIVER WPP, CITY OF RENTON, KING COUNTY, WASHING- TONi" THENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF WHICH BEARS NORTH 5°24'02" EAST 165.04 FEET A DISTANCE OF 112.06 FEET TO A POINT OF REVERSE CURVE, THE RADIUS POINT OF WHICH BEARS SOUTH 44°18'11" WEST 172.96 FEET; THENCE ALONG SAID REVERSE CURVE AND SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367.02 FEET TO A LINE WHICH BEARS NORTH FROM A POINT ON THE SOUTH LINE OF SAID SECTION 13 WHICH IS 1,271.76 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY LINE OF OAKESDALE AVENUE; THENCE SOUTH 70°46' 34" EAST ALONG SAID NORTHEASTERLY LINE 13.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING A RADIUS OF 922.73 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY THEREON; THENCE CONTINUING ALONG SAID NORTHEASTERLY MARGIN SOUTH 65°13'51" EAST 286.795 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS NORTH 5°30'13" WEST A DISTANCE OF 55.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59° 4 3 ' 39" AN ARC LENGTH OF 57.33 FEET TO A POINT OF TANGENCY; THENCE NORTH 24°46'09" EAST 15.70 FEET; THENCE NORTH 89°:)0'04" EAST 214.53 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1003.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°50'35" AN ARC LENGTH OF 242.33 FEET; THENCE NORTH 29°28'39" WEST 207.28 FEET TO THE NORTHWESTERLY LINE OF SAID "TRACT A" OF THE PLAT OF WASHINGTON TECHNICAL CENTER; THENCE SOUTH 6 0 ° 31' 21" WEST ALONG SAID NORTHWESTERLY LINE 8 6 . 7 6 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT THEREON, HAVING A RADIUS OF 165.04 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34 ° 52' 41" AN ARC LENGTH OF 100.47 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 363,135 SQUARE FEET OR 8.3364 ACRES. CITY WASHINGTON, INC. ~~~EN A. HITCHINGS, P.L.S. ~NC)VE:MBER 6, 1991 NO. 91400/SUR 53-B ~ ~m 0' >< >< ""-I CJ1 C/) ::r 0 '""l ~ -. ~ (t) ~ (") (t) C/) C/) m III C/) (t) !! 3 nl (t) " ~ r.:_ % . . o _. C/) -_. ::l c.c () s::: '""l C" n s::: -I: /: I-' 1 ; I' I 0" ;..!. an g~ • n Blackrlver Corporate Park PHASE VIII () _. -'< 0 :E ::l (t) ,0 Co N C/) 0 -...; ::r N 0 f''0 '""l N (t) -t>.. -W _. ::l . , v.,. (t) ""C '""l 0 "0 (t) '""l -'< ,,-, C'! "" 0J (\.] c\.] :---o (\j (J'- -----.,-----.. -~ BUSH. ROED & HITCHINGS. INC. EXHIBIT "B-2" TRACT A SHORELINE ACCESS EASEMENT THAT PORTION OF TRACT A, WASHINGTON TECHNICAL CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A AND THE BEGIN- NING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 431.52 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 73°21'54" WEST); THENCE NORTHERLY 46.45 FEET ALONG SAID CURVE AND THE EASTERLY LINE OF SAID TRACT A THROUGH A CENTRAL ANGLE OF 06°10'03" TO THE NORTHERLY MARGIN OF OAKESDALE AVENUE SOUTHWEST AS DESCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 8702100643 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°04'30" WEST 75.00 FEET ALONG SAID NORTHERLY MARGIN; THENCE NORTH 00°55'30" EAST 20.00 FEET; THENCE SOUTH 89°04'30" EAST 71.60 FEET TO SAID EASTERLY LINE OF TRACT A AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 431.52 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 76°50'07" WEST); . THENCE SOUTHERLY 20.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'50" TO THE TRUE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 1,466 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. FIRST CITY WASHINGTON, INC. BLACKRIVER CORPORATE PARK WILLIAM A. HICKOX, P.L.S. APRIL 8, 1992 BRH JOB NO. 92090jSUR 53-B I\) ~m 0' >< ><-(ii' --J :::!". CJ1 :::J -to en (') ::r I: o -t. m C" = n :::J I: (t) _ 1t (") (t) til til m Q) til (t) ~ 3 m (t) .. :::J !;-z I: /' I: I· Blackriver Corporate Park PHASE VIII '" ,-',.' (') -, -'< o :e ::::l (t) C. en ::r o m -:r (t) "'C a "'C (t) -t. -'< ...[) N o --1 N f\:.) [\.) .!>-" W (..' . 1 :~ ,:1, ~ ,. ':. r--~~~~~~~~ Offieo of the city der"'-- Tract B, Naches Renion Munldpal Building 200 Mill Avenue South Renton, \VA 98055 . PUBLIC ACCESS EASEMENT AGREEMENT THIS PUBLIC AS~~S EASEMENT AGREEMENT ("Agreement") is made this ~ day of . L--,1992, by and between FIRST CITY WASHINGTON~ INC., a Washington corporation, hereinafter referred to as "Grantor," and the CITY OF RENTON, a municipal corporation, hereinafter referred to as "Grantee." RECITALS:" A. Grantor is the owner of that certain real property more particularly described in Exhibit "A," attached hereto and by this reference incorporated herein ("Grantor's Property"). B. Grantor and Grantee desire to establish an easement over and across a portion of Grantor's property (the "Easement Area") to provide public access for viewing the wetland area adjacent to the Old Black River channel (the "wetland Area") and its associated wildlife. The Easement Area is depicted in Exhibit "B-1" and more particularly described in Exhibit "B-2," attached hereto and by this reference incorporated herein. C. Grantee intends to commence preparation of an Open Space/Wildlife Habitat Master Plan (the "Master Plan") . NOW, THEREFORE, for valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. EASEMENT (CONDITIONAL). Grantor hereby grants and dedicates to Grantee and to the public a non-exclusive easement across the Easement Area for the purpose of viewing the Wetland Area and its associated wildlife for so long as the project permitted by the Memorandum of Agreement dated November 20, 1991 between Grantor and Grantee has active permits, is under construction or in existence. This grant of easement is expressly conditioned upon the designation of the Easement Area as a public viewing access in the Master Plan. In the event that the Master Plan is not adopted within ten (10) years from the date of this Agreement, or in the event that the Easement Area is not designated in the Master Plan as a public viewing access, then this agreement and the easement created hereby will . terminate automatically without any further action by either party. 2. LIMITED USE. Public use of the Easement Area shall be limited to pedestrians. Public use of the Easement Area shall b~ limited to the hours of dawn to dusk. Grantee shall adopt other rules and regulations for use o"f the Easement Area, which rules and regulations must be reasonably approved by Grantor." Grantee shall have sole responsibility for enforcement of any rules and regulations affecting the Easement Area, including but not - 1 - - .. :.; r·:·i.~ .':-) " : --· ••. ___ · •••• : .••• _ ..... , ..... _ ... ~ ... ,.,.." • ., •. ' ... 'r"uo ....... '>-•••• _'_, ........... ,, __ •• __ •• _ .. _~ ..... "._ ..... _~ ... _. __ ... ~ _______ • _______ ._ ••• _ ••• __ ................. . limited to posting of rules and regulations and, in the event of continued public abuse or violation of applicable rules and regulations, Grantee agrees to cooperate with Grantor in temporarily closing off the Easement Area to public, access. 3. 'MAINTENANCE. Grantee shall be responsible for constructing, maintaining and repairing the Easement Area and Grantor shall not be assessed for said construction, repair and maintenance. 4. INDEMNIFICATION. Grantee shall hold. harmless and indemnify Grantor from any and all claims, demands, and causes of action brought by any third parties ,relating to the use of the Easement Area and shall reimburse Grantor for any costs and attorney fees incurred by Grantor in any defense of such claims, demands and causes of action; PROVIDED, "HOWEVER, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Grantor, or Grantor's agents or employees; and PROVIDED FURTHER, that in the case of concurrent negligence of the Grantee, its servants, agents, employee's and contractors, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, its servants, agents, employees and contractors, as provided for in RCW 4.24.115(2), or as it may hereafter be amended. 5. RUNS WITH THE LAND. The easement, restrictions and covenants, and the benefits conferred hereby, and the obligations imposed hereby, shall operate as covenants running with the land. 6. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 7 . written Records Grantee AMENDMENT. This instrument may be amended only by a instrument recorded with the King County Department of and Elections executed by both the Grantor and the or their successors and assigns. 8. REMEDIES. In the event of any breach or threatened breach of this Agreement by either party, the other party, or their successors and assigns, shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach, the parties agreeing for themselves, their successors and assigns that failure of either party to perform its obligations hereunder will cause irreparable damage to the other party. Grantee hereby expressly waives the defense of sovereign immunity. ,9. NO TERMINATION UPON BREACH. It is expressly agreed that no breach of this instrument shall entitle either party to - 2 - , ·j . -. cancel, rescind, or otherwise to terminate this Agreement; PROVIDED, however, that this provision shall not limit or otherwise affect any other right or remedy which such party may have hereunder by reason of any breach of this Agreemgnt. 10. ATTORNEYS' FEES. The prevailing party in any action brought to enforce or interpret the terms of this Agreement shall be entitled to recover its costs and reasonable attorneys' fees incurred in said action. FIRST CITY WASHINGTON, INC., a Washington corporation By: Its: / VICE PRESIDENT ",entor If;:;;":" ,"G;: C; e nt CITY OF RENTON, a municipal corp tion By: Its: City Clerk - 3 - ' .. , .\ ~llI"l'Inm·n"'O"~II"t1l'ljor;"'i",~;;":':';;;;";';;~~;.;..:.;,;;.,:..o-;";"";'''''t.-.. , STATE OF ~~~ ss, COUNTY OF ~ ) .~ :9-ntAli~Y personally appeared befor,e r\Ue.m: Q. 'UU.c.\.tEo~.a.J ~ ~, ~M.I,.~~'\~L , to me known to be the \~@J.II._ St;,QlUo91\tSitUJJ- of FIRST CITY WASHINGTON, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ~ ~ ~ authorized to execute the said instrument an~at the seal affixed, if any, is the corporate seal of said corporation. STATE OF \ ,)o...s\<"",,;,sc '" COUNTY OF \::"% ~=""\S----- Official seal this ~ day of Not:[Y~~~liC i~ a~d,for t~s~ate of~r ,res~d~ng at~n My commission expires: _~~-2~-~~ __ __ ss. I certify ·that I knpw or have satisfactory evidence that fftf.>LiJtdJ.{e&I)1/Jtl(/)(U fff/tl.fdftL signed this instrument, and on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Mrwn. Me urr ~ of the CITY OF RENTON~ a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. I jlV..-~ ORN TO AND SUBSCRIBED before me this --day of --~~r""~""'u~*"". ----, 1992. PC\7S0} IAAQJOS2AJ..K - 4 - ! I-'.~i",';"mlllln_.i!' _iiiii···.·-;,;.,;;.;;; ..... ···•· ____ iii"' .' r .: ry TRACT B EXHIBIT "A" That Portion ot Tract Df Waohlngton Technical Center, as recorded 1n Volume 122 of Plata, Page. 98 through 102, records of King . County, Washington, lying Northerly of Southw .... t 7th Street .s deeded to the City of Renton by deed tiled under Recorder'. No. e7021006~J, and Westerly at Naches Avenue Southwest as deeded to the City of Renton by deed filed under Recorder's .No. 8702100644, records of .aid County. B60BJ ~hf" .5'J7.r.r: 0/ ... , """"'" o.l.....u....,.."". City Owned· Shoreline Property · "'~~"'''' \ ': .. ~'~~' .. ... ,\" ... ' ,::~\<\ '. .. ~, \.,\ ; : \l\ ':" . :\!. ='J. \ I: ~"', · "' ,:! · i' rf /, ,,' . ;' : I ', ,: · f' /,:,: / i ~/ . . , ':' ; 'ii : , "'~~-= ~"",--,. . . ~ ~~~ ~\ 9201222434 20'x40' , Access Easement r--Existing Curb Cut 4>-",~ .. < 1. <~­. 7"';'-;'--~ ;,/ /.. ;/ -"/7 II •. / • CORPORATE .PARK / -~,/ RENTON WASHINGTON ~ i{ ARST CITY DEVElOPMEI<TS CORP. W,...L;;cmj , .. -"= , . <1l Q Q) ~ <1l '-o .0. '-o ~ 0 u .~ '- ~ Q) s > ! '1: ~ -"= ... 0': 5 .. J' , , .. ] • -:;:t (""') '~ N ('\) N r--C) N 0" ,,' . . , ,_, t., I't', \ .. ~", " EXHIBIT "B-2" TRACT B ACESS EASEMENT DESCRIPTION THAT PORTION OF TRACT B OF WASHINGTON TECHNICAL, CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 122 OF PLATS, PAGE 98 THROUGH 102, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID TRACT B AND THE WEST MARGIN OF NACHES AVENUE SOUTHWEST AS DE- SCRIB'ED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 8702100644; THENCE SOUTH 01"45'00" WEST 36.00 FEET ALONG SAID WEST MARGIN TO THE SOUTH MARGIN OF STORM DRAINAGE EASEMENT SHOWN ON SAID PLAT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01"45'00" WEST 40.00 FEE'l' ALONG SAID WEST MARGIN; THENCE NORTH 88°15'00" WEST 20.00 FEET; THENCE NORTH 01"45'00" EAST 40.00 FEET TO 'SAID SOUTH MARGIN; THENCE SOUTH 88°15'00" EAST 20.00 FEET ALONG SAID SOUTH MARGIN TO THE TRUE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS BOO SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY ,OF RENTON, KING COUNTY, WASHINGTON. 4-4-'17.. , FIRST CITY WASHINGTON, INC. BLACKRIVER CORPORATE PARK WILLIAM A. HICKOX, P.L.S. APRIL B, 1992 BRH JOB NO. 92090/SUR 53-B .. . ~ ~~~uB! .. ~Eco;DED' ~sniR~rf~'-'·~~~;,-~ . ;0< i i/Jgf.!,~11 i;ij~1itii}V;~?,~1l!;i~f.~~~:~{H~b:~?i; . Re v i ~ e'-. P\ rae t B, 0 a k e 5 d a 1 ~~:~.~.. . Office of the City Qerk Renton Municipal Building 200 Mill Axenue South Renton, WA 98055 PUBLIC ACCESS EASEMENT AGREEMENT THIS PUBLIC A~CESS EASEMENT AGREEMENT ("Agreement") is made this ~ day of ~~~ ,1992, by and between FIRST CITY WASHINGTON, INC" a Washington corporation, hereinafter referred to as "Grantor," and the CITY OF RENTON, a municipal corporation, hereinafter referred to as "Grantee." RECITALS: A. Grantor is the owner of that certain real property more particularly described in Exhibit "A," attached hereto and by this reference i~ncorporated herein ("Grantor's Property"). B. Grantor and Grantee desire to establish an easement over and across a portion of Grantor's property (the "Easement Area") to provide public access to property owned by Grantee which is adjacent to Grantor's Property and to the shoreline (the "City Shoreline Property"). The Easement Area is depicted in Exhibit "B-1" and more particularly described in Exhibit "B-2", attached hereto and by this reference incorporated herein. The City Shoreline Property is depicted in Exhibit "C," attached hereto and incorporated herein by this reference. C. Grantee intends to commence preparation of an Open 0J Space/Wildlife Habitat Master Plan (the "Master Plan"). (") ~ NOW, THEREFORE, for valuable consideration, the receipt a'nd (~ legal sUfficiency of which is hereby acknowledged, the parties 0J agree ,as follows: r-o 0J 1. EASEMENT (CONDITIONAL). Grantor hereby grants and (T' dedicates to Grantee and to the public a non-exclusive easement across the Easement Area for the purposes of pedestrian ingress to and egress from the City Shoreline Property for so long as the Project permitted by the Memorandum of Agreement dated November 20, 1991 between Grantor and Grantee has active permits, is under construction or in existence. This grant of easement is expressly conditioned upon the designation of the Easement Area as public access to the City Shoreline Property in the Master Plan. In the event that the Master Plan s not adopted within ten (10) years from the date of this agreement, or in the event that the Easement Area is not designated in the Master Plan as public access to the City Shoreline Property, then this Agreement and the easement created hereby will terminate automatically, without any further action by either party. 2. LIMITED USE. Public use of the Easement Area shall be limited to pedestrians. Public ,use of the Easement Area shall be limited to the hours of dawn to dusk. Grantee shall adopt other rules and regulations for use of the Easement Area, which rules and regulations must be reasonablv¥.tflPpr~j(e81\o hVuoGfantor. Grantee , ,~b J3 ~JNnOJ ~m ~~ oO:lno 2£tii-22W26 - 1 - -' .. -~_",, __ I''''iIIIfn_'''''''' __ "''''' ._w_ ...... , -_ .. ..---,--'_.,._ .... _ ... "-,_ ... _ •• __ ., •••• ~ ___ ........ _ .... fII!> .. I ...... "III'_~I ... q,..l. .",~.= XC ,atAR_ shall have sole responsibility for enforcement of any rules and regulations affecting the Easement Area, including but not limited to posting of rules and regulations and, in the event of continued public abuse or violation of applicable rules and regulations, Grantee agrees to cooperate with Grantor in temporarily closing, off the Easement Area to public access. 3. MAINTENANCE. Grantee shall be responsible for constructing, maintaining and repairing the Easement Area and Grantor shall not be assessed for said construction, repair and maintenance. 4. INDEMNIFICATION. Grantee shall hold harmless and indemnify Grantor from any and all claims, demands, and causes of action brought by any third parties relating to the use of the Easement Area and shall reimburse Grantor for any costs and attorney fees incurred by Grantor in any defense of such claims, demands and causes of action; PROVIDED, HOWEVER, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily 'injury to persons or damage to property caused by or resulting from the sole negligence of Grantor, or Grantor's agents or employees; and PROVIDED FURTHER, that in the case of concurrent negligence of the Grantee, its servants, agents, employees and contractors, this indemnity provision shall be valid an enforceable only to the extent of the negligence of the Grantee, its servants, agents, employees and contractors, as provided for in RCW 4.24.115(2), or as it may hereafter be amended. 5. RUNS WITH THE LAND. The easement, restrictions and covenants, and the benefits conferred hereby, and the obligations imposed hereby, shall operate as covenants running with the land. 6. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall inure to the benefit of and be binding'upon their respective successors and assigns. 7. AMENDMENT. This instrument may be amended only by a written instrument recorded with the King County Department of Records and Elections executed by both the Grantor and the Grantee or their successors and assigns. 8. REMEDIES. In the event of any breach or threatened breach of this Agreement by either party,' the other party, or their successors and assigns, shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach, the parties agreeing ,for themselves, their successors and assigns that failure of either party to perform its obligations hereunder will cause irreparable damage to the other party. Grantee hereby expressly waives the defense of sovereign immunity. - 2 - .' . ·:"'_:'_'_~' ___ '~' _____ I:.o''''''ltllqm_f:''I,tIVICIIlll''_'r>''l1.''t''''''''_ C\J M '" C\J C\J C\J ,,,"-o ,N l"l'- 9. NO TERMINATION UPON BREACH. It is expressly agreed that no breach of this instrument shall entitle either party to cancel, rescind, or otherwise to terminate this 'Agreement; PROVIDED, however, that this provision shall not limit or otherwise affect any other right or remedy which such party may have hereunder by reason of any breach of this Agreement. 10. ATTORNEYS' FEES. The prevailing party in any action brought to enforce or interpret the terms of this Agreement shall be entitled to recover its costs and ,r,easonable attorneys' fees incurred in said action. FIRST CITY WASHINGTON, INC., a Washington corporation By: Its: By: Its hlj_~'l-L~~ DEAN R. I!:~\CKSON VICE PRESIDENT -; ~ /7 ;; - 3 - CITY OF RENTON, a municipal corporation By: Its: "" ATIESTL22J~~~L¥~~~~---- Harilyn : ',:, , ::i ',I ,,' "i .;; , STATE OF ~kl\ ) \ ) \},'M ) ss. COUNTY OF <'\.4 On this day person?lly ::,,:ared l;>ef~:; me W~ R, ~ ~ ~~V,~\\ to me known to be the l\OJOO~-t 5b,Uu/~rk4 of FIRST CITY WASHINGTON, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the _uses and purposes therein mentioned, and on oath stated that ~ ~~ ~ authorized to execute the said instrument C"\J M " (\J an~at the seal affixed, if any, is the corporate seal of said corporation. official seal this day of Notary ?Ub~ and for the State of Wo.5,N..14 1-, residing at ~~ My commis~ion expires: "I-Zt\. C\J (\J r--o (\J STATE OF ~0 Q;;n ~ "-Y cTY'- 0-.. COUNTY OF _1(~v~'~~~ ________ _ IS ss, I certify that I know or have satisfactory evidence that £ARL fi-YlJ/3f-g,.jA/!RlIyiJ fffegc,M signed this instrument, and on oath stated that he/she was authorized to execute the, .instrument and acknowledged it as the M'1YdR. /... ttrytf&« of the CITY OF RENTON, a municipal corporation, to be the free and vOluntary act of such party for the uses and purposes mentioned in the instrument .. ~~~D~ TO AND SUBSCRI~E~9~~:ore me this ~ day of ~ ~ Fc\7S01\A.OJ052.ALK - 4 - " ", EXHIBIT "A" That Portion ot Tract D, W48hington Technical Center, as recorded in Voluae 122 ot Plat., Page. 98 through 102, records ot King ,County, Washington, lying NOrtherly ot Southwest 7th Street as deeded to the 'City ot Renton by deed tiled under Recorder'. No. 8702100643, and Westerly ot Nache. Avenue SOuthwest as deeded to the City of Renton by deed filed under Recorder's No. 8702100644, record. of .aid County. First City BRH Job No •• 86230 ~ April 28, 1987 ALII/Surv. 17, 86230 86083 ;<Jh, 4'.JVI./.r. 0/ ; i Ii, , :i:~ \"; (\) li M . "<:t i] (\J i C\J I (\J \ f"-. 0 (\J i :i a-. .\ ',i B ":"2 tf'; ::' TRACT B SHORELINE ACCESS EASEMENT THAT PORTION OF TRACT B, WASHINGTON TECHNICAL CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT Bj THENCE NORTH 11°34'46" WEST ALONG THE WESTERLY LINE THEREOF 1,351.17 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND ALONG SAID WESTERLY LINE 536.69 FEETj THENCE NORTH '73°04'46" WEST ALONG SAID WESTERLY LINE 137.81 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 238.52 FEET AND ALONG SAID WESTERLY LINE 201.00 FEET TO THE NORTHERLY MARGIN OF OAKESDALE AVENUE SOUTHWEST, AS DESCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 8702100643, THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 238.52 'FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 65°12'15" WEST) AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY AND NORTHERLY 24.87 FEET 'ALONG SAID CURVE AND WESTERLY LINE THROUGH A CENTRAL ANGLE OF 05°58'24" TO A LINE LYING CONCENTRIC OR PARALLEL WITH SAID NORTHERLY MARGIN AND 20.00 FEET NORTHERLY THEREFROM, AS MEASURED AT RIGHT ANGLES THERETO, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 600.00 FEET (A RADIAL LINE THROUGH SAID BEGIN-. NING BEARS SOUTH 13°55'10" WEST); THENCE EASTERLY ALONG sAt6 PARALLEL LINE THE FOLLOWING TWO COURSES: THENCE EASTERLY 31.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°00'04"; THENCE SOUTH' 73°04'46" EAST 104.15 FEET; THENCE SOUTH 16°55'14" WEST 20.00 FEET TO SAID NORTHERLY MARGIN; THENCE WESTERLY ALONG SAID NORTHERLY MARGIN THE FOLLOWING TWO COURSES: THENCE NORTH 73 ° 04 ',46" WEST 104.15 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 580.00 FEET; THENCE WESTERLy 15.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01"33 '59" TO THE TRUE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 2,562 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. FIRST CITy WASHINGTON, INC. BLACKRIVER CORPORATE PARK WILLIAM A. HICKOX, P.L.S. APRIL 8, 1992 BRH JOB NO. 92090/SUR 53-B ~.a.-J D-e1 ....... hn4 ~ity Owned- ;horeline ~roperty . ~~,~ :,:;'.'::;.:-:.. X\., ~:\ · .. ,\li '"r;\ . :!l :!1. \ . I Q.':' ," :;; ~ U flJ /. r, 0" !i/ I .: " II ,-,., I ,: , , . : , , , , ; : (;1 i ~~ ")'-'->.!l~'~' .: ~/~~~' ---.., ~-'-".'-" " " ~ ..... 'O"""~. --:::.:-~ / / ·.c·.....:.:: .~.:.: .• "-'-,.;, '0 .' '.:.~' ,_" -.o~._ -'~:_o~~J~~~~~ 9207222432 ; I ~ 1~ d~ ~ :'\ '!~' " I I~ \1. \ \ ~;,~~. 1\ .~ \\ \' t'~ ~ \\ \\ I . \iJ --~ . .. y--. ;;:,/ .-0' ;/ /.- ;/ TRACT 8 J:;'// BLACKRIVERCj ~~[3. .. /:Y II TE PARK I' .. '~ /7 CORPORA W~SHWGTON ~ . .... -~ /' RENTON EJ.OPUElrrS CORP. or:> '. . FUlST Cfr( DEV ,>Y" . . . /( ;\\ I. '~ . 20'x120' Shoreline Acce$s Easement .!<: .-oJ n.. aJ - '--:~-;. _,':~':::.\~' ·:~'j,~:~.·Xi~:i:J~~::'.·~~ __ ,~.:.,._.,:~ .. " ~-.:...:~ _ .. :~,~~·:?~:Ji~'·~·· ."!.~'.d' "i~~:,-.,:~t-;s:,\·;:;.:~~t~~(~~:~-:f~-:.:.;;'-:.'~::"i/f::~~:{~l~ ~-' .. ' .. ,.,........ D-oloftioA,..... City Owned ''''-- Shoreline Property ". ,'" ': '~'" ~:,\"'" \, '~';(' .::'\\ .. :~;;:.:. '\'.\ ',"-II ,',.\ ", "'~' \~"\ ',\1\ 'i\ : : :,\1 a'L\ . ':ill:, " ," :;: . " , , ~" j!: .. /" " , , .'~ , , • /' r: · i' '// 10/' I !'/ J , :.-! ': ", : /i: : I'," : :j' :. Ii, I.'hli , II I · '\'\': \\\, ,\ .. ,.~ : -~'o!r-.' ___ -w '~J "'-.' . -",,-.~ • / ./ 920 7222432 i ~ ~ ~ j~ f!\ !' " , 'i , ,~ \J. , '!'~!\ W \\ ~\ '\ ii \' .,'~\'\'\ ~' \ . , \ J TRACT 8 BLACKRIVER ~~ CORPORATE ,PARK rJ tj x RENTON WASHINGTON:': AnST CITY DEVELOPLIDfTS COR? ~ . tc:=~..rwt 20'x 120' Shoreline Access Easement .Yo ~ aJ n.. CJ - · " ... , , Society and he City This Agreement J"V!t; , CAG-92-115 AGREEMENT made and entered into this I~·day of 1992 by and between the Seattle Audubon of Renton. WHEREAS, the City of Renton has expended substantial time, effort and money to preserve the area known as the Black River Riparian Forest and surrounding properties for purposes of open space, wildlife habitat preservation, wetlands preservation and associated purposes; and WHEREAS, the City of Renton is actively involved in trying to raise additional money to further its holdings in the Black River Riparian Forest and surrounding properties; and WHEREAS, the Seattle Audubon Society has a great interest in furthering that activity; and WHEREAS, the Seattle Audubon Society has been actively involved in monitoring the waterfowl and wildlife in the area; and WHEREAS, these activities by the Seattle Audubon Society can significantly further. the city's efforts to obtain additional funding to purchase properties in the area; and WHEREAS, the performing these gathering funds. Seattle Audubon Society is willing to commit to functions to assist the City of Renton in NOW, THEREFORE, the parties do hereby agree as follows: The Seattle Audubon Society agrees to perform the following services for the City of Renton, free of charge: 1. Conduct waterfowl and wildlife surveys on an average of at least once per year. 2. Assist in the development of an Interpretive Program. · , , AGREEMENT Page 2 The City of Renton will utilize this Agreement to further its efforts to secure additional funding to purchase additional properties in the general area of the Black River Riparian Forest. This agreement shall be in effect for a period of two years. This agreement may, at the option of either party, be renewed for an additional period of two years. DATED this iOft,·day of July , 1992. " SEATTLE AUDUBON SOCIETY By: Its CITY OF RENTON By: LL~~<~ Its ?Parks and Recreation Director CITY9:44:as. , .. AGREEMENT Tt,. This~Agreement made and entered into this /0 day of =..,.,;-;-:_.,.::":..,'I./=-=-I .. y'~_-:-, 1992 by and between the Citizens for Renton Wildlands Preservation and the City of Renton. WHEREAS, the City of Renton has expended substantial time, effort and money to preserve the area known as the Black River Riparian Forest and surrounding properties for purposes of open space, wildlife habitat preservation, wetlands preservation and associated purposes; and WHEREAS, the City of Renton is actively involved in trying to raise additional money to further its holdings in the Black River Riparian Forest and surrounding properties; and WHEREAS, Citizens for Renton Wildlands Preservation has a great interest in furthering that activity; and WHEREAS, Citizens for Renton Wildlands Preservation has been actively involved in monitoring the wildlife in the area, litter control/. providing field trips to groups to see and study the herons and other wildlife in the area and researching the history of the area and the wildlife in the area:, in particular the effects of bald eagle predation on great blue herons; and WHEREAS, these activities by Citizens for Renton Wildlands Preservation can significantly further the city's efforts to obtain additional funding to purchase properties in the area; and WHEREAS, Citizens for Renton Wildlands Preservation is willing to commit to performing these functions to assist the City of Renton in gathering funds. NOW, THEREFORE, the parties do hereby agree as follows: The Citizens for Renton perform the following services charge: Wildlands Preservation agree to for the City of Renton" free of 1. Conduct bird counts on an average of at least once per week. 2. Provide twelve field trips annually involving from two to fifteen individuals, the field trips generally lasting between 1 and 2-1/2 hours. 3 • weekly. Provide litter control on an average of at least once The City of Renton will utilize this Agreement to further ' .. /. AGREEMENT Page 2 its efforts to·· secure additional funding to purchase additional properties in the general area of the Black River Riparian Forest. ~ Df\€. ""~. ~~~ This agreement shall be in effect for a period of ~~~LyeaLs. This agreement may, at the option of either 'party, be renewed for an additional period of two years. OM, "':.~' :;~ DATED this /Oilr·day of Tuly , 1992. CITIZENS FOR RENTON WILDLANDS PRESERVATION CITY OF RENTON , By: ~t-~.p-v-- It and'Recreation Director CITY9:41:as. CITY OF RENTON BLACK RIVER RIPARIAN FOREST OPEN SPACE BOND ISSUE PROJECT Value of Land and Improvements Appraisal (complete) Review Appraisal (complete) Update Review Appraisal Title Report/Insurance PROJECT BUDGET 50 year Property History Report (3 parcels @ $400 each) Hazardous Waste Assessment Report . Closing Costs Administrative Fees (Including Attorney Fee) . Total 93-177 $2,883,000.00 -0- -0- $2,000.00 $500.00 $1,200.00 $3,000.00 $2,700.00 $23,000.00 $2,91 5,400_00 CITY OF RENTON File: C:\lo;,u:>'\grant\opnsp93,xls , OPEN SPACE CASH FLOW SCHEDULE ($409.611 es: Grant Reimb Rec'd 0.00 1993 Grant Reimb 213.87 Expenditures: Salaries 43.31 Benefits 6.57 Acquisition 0.00 Design 0.00 Jordan Larue 0.00 Construction 0.00 '993 Notes: Beginning Balance 111/93 $435,673.54 1990 Interest Adjustment 1991 Interest Earnings Adjust-K/C Admin Fees 0.00 .54 Expenditures: Salaries 43.31 Benefits 6.57 Acquisition 0.00 Design 0.00 Jordan Larue 0.00 Construction 0.00 Total Budget for Puget Western Acquisition Amount Spent in 1991 Amount Spent in 1992 Amount Spent in 1993 ($83.476.271 $0.00 ($1.692.03) $0.00 0.00 0.00 0.00 0.00 72,104.34 0.00 1,623.00 0.00 104.34 3,742.92 0.00 0.00 0.00 1,047.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF RENTON OPEN SPACE PROJECT CARRYOVER $2,175,146.61 $42,118.03 $25,080.77 $91,866.69 0.00 0.00 0.00 0.00 0.00. 0.00 $2,175,146.61 3,742.92 0.00 0.00 0.00 1,047.80 0.00 0.00 0'.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Balance Remaining on Puget .Western Acquisition at 12/31/92 ($2,513.77) 0.00 85.55 131.36 33.99 600.00 0.00 0.00 0.00 $405,544.77 0.00 131.36 33.99 600.00 0.00 0.00 0.00 $83,082.00 80,982.51 414.55 0.00 Kk$lWllsMii#1! $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 l6-Feb-93 ($88,091.6 8) 0.00 74,026.76 3,917.59 1,088.36 600.00 0.00 0.00 0.00 $3,175.430.41 0.00 0.00 0.00 3,917.59 1,088.36 600.00 0.00 0.00 0.00 File: C:\lotu~~~grant\opnsp93.xls . ., .. Beginning Balance 111/93 Additional Funding 1993 Grant Reimb Revenues Expenditures: Salaries Benefits Acquisition Design Jordan Larue Construction Beginning Balance 111/93 Expenditures: Salaries Benefits Acquisition Design Jordan Larue Construction CITY OF RENTON CONSERVATION FUTURES CASH FLOW SCHEDULE $ 1 ,041.82 $1,534,815.68 $27,249.32 0.00 0.00 0.00 0.00 0.00 c 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF RENTON CONSERVATION FUTURES PROJECT CARRYOVER $ 1 .041.82 $ 1 ,534,815.68 $27,249.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $100,000.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 15·Fob·93 1,663,106.82 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Eligibility of Proposed Acquisition as it Pertains to RCW 84.34.020 84.34.020 Definitions As used in this chapter, unless a different meaning is required by the context: (1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) retain in its natural state tracts of land not less than five acres situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification. This proposed 14.21 acre acquisition in the Black River Riparian Forest meets the above definition in regard to the following: 1. The land is identified in the City's adopted Comprehensive Park Recreation and Open Space Plan and Trails Master Plan. 2. The land will conserve a scenic resource. 3. The land offers additional buffer to a Class 1 stream . . 4. The land promotes the conservation of wetlands and Riparian Forest. 5. The land will enhance the value to the Public by providing visual relief, additional open space, linkage to the Springbrook Habitat Corridor and nature reservations including an active Great Blue Heron Rookery .. 6. The land will enhance passive recreation opportunities for walking, interpretation, education, and wildlife viewing. 7. The land will retain in its natural state tracts of land greater than 5 acres in size situated in an urban area. (This specific acquisition is 14.21 acres. The proposed 14.21 acre acquisition incorporated with the entire Black River project acreage in public ownership eq!-lals 81 acres). LB/d11 93-168d1 DATE: TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM April IS, 1993 Leslie Betlach, Open Space Coordinator Mary Lynne Myer, Long Range Planning Manager~ Growth Management Act The City of Renton is in the urban area as designated by King County ·in the county-wide policies formulated under GMA. In addition, the City has applied for urban center status which would allow it to grow to at least twice its present size. As an urban center, the city is required to have additional parks and open space land to service the increase in population. The Growth Management plan has been presented to, and agreed upon, with King County, but has not gone through the formal process of adoption. MLM4-15.DOC/Judy Wright SLIDE SCHEDULE City of Renton Black River Riparian Forest 1. Pertaining to Question LB. -High Visibility Aerial view looking west toward project area. Slide taken above the Intersection of 1-405 and S.R. 167. Oakesdale Avenue to the South (left). Duwamish Valley in background. Empire Ridge and S.R. 900 to north (right) of site. 2. Pertaining to Question 11.A.(2) -View Corridor View looking northeast toward Great Blue Heron Rookery and riparian forest. Pondlwetland in foreground. 3. Pertaining to Question I LA. (3) --Scenic Resource Habitat Corridor with mature stands of vegetation for wildlife. 4. Educational Opportunities Field trip conducted by Renton Citizens' for Wildland Preservation as part of existing agreement with the City. Viewing nesting birds/herons. 5. View of eXisting side channel and grasslands. 6. View looking north and east overlooking the pond/wetland area. Riparian forest in background. LB/dlf 93-169df ~ . ,", . '.... . , ~--''' .. ' .......... ,_. : ....... " .... ,.~-....... ,.,' .' .•.... , ... ::.;:.':.:: .' . ~,:;\\ ' . .' ",".-" ' '.' '. . "'. '.: -. ., .' ,,", ;:' '';':''" ' . '_~:r.:··(;::?:· ... "' .. ' .. ,.' •...... / .. '." ',:' ......... . , '. ',' ..... ;:i,·;· ... ,::, .' .:){ •• ' ..... :. , .' '.', ..•.. :;,;.:>', >, :.:,~ .. ";.>':,: .... . I :'>i:~·:· ;'C~:;. '';, . ; " .,' '".," i. " .. I :. :>,:'--.~";':.:~. ::':'-, .' FINAL ENVIRONMENTAL IMPACT STATEMEN . .... ," . . ' .. '. . . . ...-.. .", .. ~ .. " , . '. ":,'.' '.-'.. . ... ' . '" . -, .: :, " . ~, ,. .... " . ' .. " .. : ;~.' . " .,: :,. , .. " . . '" .:., " .' '. ~ "', ,::. '.' . ;. ,': .: .... : . '. :,:"'., . . . . . . . . .... . : ", . . . ' .' " . I"":" . . BucKRIVER CoRPoR1\TEPARK . '1' ," .•...... . TRACTSA'A.NDB I I I .' . I ....a. - • OFFICE BUILDlNGS . . .; . • I I .. , ... ' . . ' .. City of Renton •. '," I . . <'?200 Mill AvenueSoulh .'~ , ... , ',' . Renton,Washirigton 98055' , .. ' . .... .. .. if . ,,",' '. ". '" '.. ' .. '., .... '. :.' .... " ........ . I' . -' ..... ," ',. ......, ':", :'~, ','. ':'. ", '," .. , . ,.'. ".... ", " . " .' '" .' ... ' ~ -' '. ' , · .:.: .. ' . :'.' : -t~':,,:;,:,-:,:, .-'. ...> ,: :. '.' _ .......... >.: ~:.' . .....~. :. . . ~. . :;. ;. . ..' '. . ' . \. . . . " : .. ' .... ". ','. ~'. . .' .... ." '.' . , .' · '. .. " .. ' .;;. .... .". ',.' . .' ;'.. >, ':.', ~ ,:' :. . ,'., ,.,., ,', . '. ,.' : ";' .... , . . "',',' ,:.', . '. . ". ',; :",' . . .... , . . . . ....., '. ····i:.,.-,.,>.' -:':,:Prepared by: I.'. :<, .... . . "::;mJones~~~~~~~S~!~~;:~ • ' •• 1 , :. • • •'" . , . : " . " . .' ", f . . . . ',' . I .. ,,', . c· . March 1991 ,,' , ", . .,". ''', .... , "'.' .'~ .. '. -:.-' .." , , . .". . : , , . ~ ". . .. ' ,:.: . ',' , : .'!.. ... . ~' . I . I I I I I I I I I I I I I I I I I I , . FINAL ENVIRONMENTAL IMPAcr STATEMENT FOR BLACKRIVER CORPORATE PARK, TRAcrS A AND B OFFICE BUILDINGS CITY OF RENTON, WASHINGTON For the Review and Comment of Citizens, Citizens Groups, and Government Agencies In Compliance With The State Environmental Policy Act of 1971 Chapter 42.21c, Revised Code of Washington and Revised SEPA Guidelines, Effective April 4, 1989 Chapter 197-11, Washington Administrative Code Date of Issue: March ~ 1991 .' .. . ~,.'; ' . . . Appendix G. Inventory of Flora and Fauna • <:-' II • Table G-t. Mammals Likely to Occur in the Vicinity of the Blackriver Project Area I' I Co=onName Scientific Name I Co=on Opossum" (Didelphis marsupialis) Masked Shrew (Sorex cinereus) I Trowbridge Shrew (Sorex trowbridgei) I Vagrant Shrew (Sorex vagrans) Dusky Shrew (Sorex obscurus) I Northern Water Shrew (Sorex palustris) ~. Pacific Water Shrew (Sorex bendirei) . Shrew-mole (Neurotrichus gibbsi) r Townsend Mole (Scapanus townsendi) I Pacific Mole (Scapanus orarius) I Little Brown Myotis (Myotis lucifugus) Yuma Myotis (Myotis yumanensis) I Long-eared Myotis (Myotis evotis) 1 Long-legged Myotis (Myotis volans) CaJifornia Myotis (Myotis cali/omicus) J' Silver-haired Bat (Lasionycteris noctivagans) r Big Brown Bat (Eptesicus fuscus) Hoary Bat (Lasiurus cinereus) G-l ~~~----------------------....... Common Name Western Big-eared Bat Eastern Cottontail' Eastern Gray Squirrel Beaver' Deer Mouse' Bushytail Woodrat California Red-backed Vole Townsend Vole Oregon Vole Muskrat Norway Rat Black Rat House Mouse Pacific Jumping Mouse Raccoon Longtail Weasel' Striped Skunk Coyote' G-2 Scientific Name (Plecotus townsendi) (Sylvilagus f/oridanus) (Sciurus carolinensis) (Castor canadensis) (Peromyscus maniculatus) (Neotoma cinerea) (Clethrionomys occidentalis) (Microtus townseridi) (Microtus oregoni) (Ondatra zibethica) (Rattus norvegicus) (Rattus rattus) (Mus musculus) • (Zapus trinotatus) (Procyon lotor) (Mustela frenata) (Mephitis mephitis) (Canis latrans) I I I I J I • • --: I, ~ --i • Mammal or sign of mammal observed on project site or immediate vicinity. Information from: . City of Renton. 1981. Draft Environmental Impact Statement -Black River Office Park. 115 pp. plus appendices. Burt, W. H. and R. P. Grossenheider. 1976. A field guide to the mammals of America north of Mexico. 289 pp. Hunn, E. S. 1982. Birding in Seattle and King County. 160 pp. Field obeservations and results of Shufman live trapping, July 2, 3, and 4, 1990. G-3 Table G·Z. Results on Rodent Live Trapping 0-4 • Trap No. April 3 6 0 7 0 8 0 9 1 Deer Mouse 10 1 Deer Mouse 11 0 12 1 Deer Mouse 13 0 14 0 15 0 April 4 0 1 Deer Mouse 1 Deer Mouse 0 1 Deer Mouse 0 0 0 0 0 G·5 Vegetation/Comments Short blackberry, fescue, clover R.c. grass, Scot's broom R.C. grass thistle R.C. grass, Scot's broom Slash pile surrounded by nettles Edge of slash pile, fescue, nettles On slash pile, nettles, thistle Edge of slash pile, fescue, nettles Under downed log, blackberries Clover, fescue, dock/trap spring, no bait I I J I J I J 'I I I I I I J ,I 'J J J ] Q , 0- 1 NORTH o 200 I I Feel P-I Channel I. e 15' 20 ,e e 14" 19" ~ if , .' '} ' . ., 11 10 9 • 7 • 5/./ 3 ,,' "--e --.--_ ----e_ -.... --e __ • --e " , 12, 17' 21 , e e e Figure G-t. Rodent Trapping Locations on Tracts A and 8. ':-"':;:':'~1 D 11 12 13 14 ... -.................... --.... -... . -4 5 6 7 S 9 .. ----_ ................ -... -.. , _ 15 -e Table G.3. Avifauna Likely to Occur in the Vicinity or the Blackriver Project Area Common Name . Pied-billed Grebe" Double-Crested Cormorant" Canada Goose" Gadwall" Mallard" Northern Pintail" American Wigeon" Wood Duck" Northern Shoveler" Blue-winged Teal" Green-winged Teal' Cinnamon Teal" Canvasback' Ring-necked Duck' Lesser Scaup" . Common Goldeneye" Barrow's Goldeneye' Bufflehead' Ruddy Duck" Common Merganser' Scientific Name (Podilymbus podiceps) (PhaJacrocorax auritus) (Branta canadensis) . (Anas strepera) (Anas platyrhynchos) (Anas acuta) (Anas americana) (Air sponsa) (Anas cIypeata) (Anas discors) (Anas crecca) (Anas cyanoptera) (Aythya valisineria) G-? (Aythya col/aris) (Aythya affinis) (Bucephala cIangula) (Bucephala islandica) (BucepIJala albeola) (Oxyura jamaicensis) (Mergus merganser) Common Name Hooded Merganser" American Coot" Great Blue Heron" Green-backed Heron" Killdeer" Spotted Sandpiper' Western Sandpiper" Ruffed Grouse" California Quail" Northern Harrier' Sharp-shinned Hawk Cooper's Hawk Northern Goshawk' Red-tailed Hawk' Rough-legged Hawk' Bald Eagle" American Kestrel" Bam Owl· Great Homed Owl Belted Kingfisher' Band-tailed Pigeon' . Scientific Name G-8 (Lophodytes cucullatus) (Fulica americana) (Ardea herodias) (Butorides striatus) (Charadrius vociferus) (Actitis macularia) (Calidris mauri) (Bonasa umbellus) (Callipepla califpmica) (Circus cyaneus) (Accipiter striatlis) (Accipiter cooperii) (Accipiter genii/is) (Buteo jamaicensis) (Buteo lagopus) (Haliaeetus /eucoceplJalus) (Falco spar/erius) (Tyto alba) (Bobo virginian us) (Cery/e alcyon) (Columba fasciata) I I , I I I I f I I I I I • I J • J • II -.,' . t,:::":,,, I I I Common Name Scientific N arne I Rock Dove" . (Columba /ivia) Rufous Hummingbird (Selasphorus rufus) I Lewis's Woodpecker / (Melanerpes lewis) I Downy Woodpecker (Picoides pubescens) Northern Flicker" (Colaptes auratus) I Olive-sided Flycatcher (Cantopus borealis) I Willow F1Y,catcher (Empidonax traillii) "Western" Flycatcher (Empidonax sp.) I Vaux's Swift (Chaetura vauxi) I Tree Swallow (Tachycineta bicolor) Violet-Green Swallow" (Tachycineta tha/assina) I Bam Swallow" (Hirundo rustica) I American Crow" (Corvus brachyrhynchos) Steller's Jay" (Cyanocitta stelleri) I Black-capped Chickadee" (Parus atricapillus) I Chestnut-backed Chickadee" (Parus rufescens) Bushtit' (Psa/triparus minimus) I Red-breasted Bushtit (SUta canadensis) I Winter Wren" (Troglodytes troglodytes) I Bewick's Wren (Thryomanes bewickii) Marsh Wren' (Cistothorus pa/ustris) I I G-8 ! r , r I 1 I I I I I I I I I I I I I • Common Name Scientific Name American Goldfinch' (Carduelis tristis) House Sparrow' (Passer domesticus) Observed on project site and immediate vicinity (P-1 Pond and riparian forest) . Information from: City of Renton. Draft Environmental Impact Statement -Black River Office Park. 115 pp. plus appendices. Murphy, M. No date. List of water, shore, and land birds noted, Black River Corporate Park, November I, 1986 to July 21, 1987. Peterson, R. T. 1990. A field guide to western birds. 432 pp. Hunn, E. S. 1982. Birding in Seattle and King County. 160 pp. , Field surveys conducted from January through August, 1990. G-I0 • • • • • o • • • • .. Table G-4. Reptiles and Amphibians Likely to Occur in the Blackrlver Project Area Common Name Scientific Name Salamanders Northwestern Sahimander (Ambystoma gracile) Long-toed Salamander (Ambystoma macrodactylum) Rough-skinned Newt (T aricha granulosa) Red-backed Salamander (Plethodon vehiculum) Ensatina (Ensatina eschscholtzi) Frogs and Toads Western Toad (Bufo boreas) Pacific Tree Frog (Hyla regil/a) Red-legged Frog (Rana aurora) Bullfrog (Rana catesbiana) Turtles Western Pond Turtle (Clemmys manl1orata) Painted Turtle (C/zrysemys picta) Lizards Western Fence Lizard (Sceloporus occidentalis) Northern Alligator Lizard (Gerrhonotus coeruleus) . G-ll .,~::,:. • J Common Name Snakes Pacific Rubber Boa Common Garter Snake Western Terrestrial Garter Snake Northwestern Garter Snake Rough-skinned Newt Red-backed Salamander Information from: Scientific Name (Channa bottae) (Thamnophis sirtaJis) (Thamnophis elegans) (Thamnophis ordinoides) (T aricha granulosa) (Plethodon vehiculum) Stebbins, R. C. 1966. A field guide to western reptiles and amphibians .. Houghton Mifflin Company, Boston, MA. 279 pp. City of Renton. 1981. Draft Environmental Impact Statement -Black River Office Park .. 115 pp. plus appedices. Hunn, E. S. 1982. Birding in Seattle and King County. 160 pp. G-12 I I I I I I I I I I I I I I I I I I I II , .: • II • fI • • • • • • • II • II • • II Table G·S. Common and Scientific Names or Plant Species Observed In the Vicinity of Tracts A and B and in the P·I Pond, Renton, WA Trees/Saplings black cottonwood (Populus trichocarpa) Douglas fir (Pseudotruga menziesii) Lombardy poplar (Populus italica) mountain·ash (Sorb us aucuparia) Oregon 'Ash (Fraxinus latifolia) red alder (Alnus rubra) weeping willow (Salix babilonica) Shrubs butterfly bush (Buddleja daridii) bittersweet nightshade (Solanum dulcamera) Douglas' spirea (Spiraea douglasii) Himalayan blackberry (Rubus discolor) red elderberry (Sambucus racemosa) red·osier dogwood (Comus stolonifera) rose (Rosa sp.) . Scot's broom (Cytisus scoparius) sumac (Rhus glabra) tall shining Oregon grape (Berberis aquifolium) vine maple (Acer circinatum) willow (Salix spp.) Grasses and Forbs bird's foot trefoil (Lotus comiculatus) bluegrass (Poa spp.) Canada thistle (Cirsium arvense) colonial bentgrass (Agrostis tenuis) common mullein (Verbascum thapsus) common plantain (Plantago major) common cattail (Typha latifolia) Straw colored sedge (Cyperus strigogsus) G·13 creeping buttercup (Ranunculus repens) curly dock (Rumex crispus) dandelion (Taraxacum officianale) English plantain (Plantago lanceolata) fireweed (Epi/obium angustifoiia) horsetail (Equisetum arvense) Kentucky bluegrass (Poa pratense) lady's thumb knotweed (Polygonum persicaria) marsh speedwell (Veronica scuttellata) orchard grass (Dactylis glomerata) oxeye daisy (Chrysanthemum leucanthemum) prickly lettuce (Lactuca serriola) purple loosestrife (Lythrum sa/icaria) red-top (Agrostis alba) reed canarygrass (Pha/aris arundinaceae) Russian thistle (Cirsium vulgare) small-fruited bulrush (Scirpus microcarpus) soft rush (Juncus effusus) spike rush (Eleocharis palustris) SI. John's wort (Hypericum perforatum) sweet clover (Melilotus alba) tall mannagrass (Glyceria elata) tansy (Tanacetum vulgare) timothy (Phleum pratense) velvetgrass (Holcus lanatus) Watson's willow herb (Epilobium watson;;) white clover (Trifolium repens) yellow flag (Iris pseudacorus) G-14 I • I I I I I I I I • I • J • • • , I , I, . I • • • • • • • • • • • • • CURT SMlTCH Director STATE OF WASHINGTON DEPARTMENT OF WILDLIFE 600 North Capitol Way, GJ'll • Olympia, Washington 98504.CXJ91 • (206) 753·5700 August 17, 1989 Betsy MacWhinney Jones & Stokes Associates, Inc, 1808 l36th Place NE Bellevue, WA 98005 RE: BLACK RIVER OFFICE PARK EIS T23N R3E SECTIONS 13 AND 24 Dear Ms. MacWhinney: We have completed a review of our files for information on significant natural features in the study area. The result of this review is presented in the enclosed material, which summarizes the occurrence of special animals reported within or adjacent to the study area, The Washington Natural Heritage Program will mail, under separate cover, project area information concerning special plants and plant communities, We hope this presentation will be useful to you. This response is provided for your information only an~ is not to be construed as an official Department of Wildlife environmental review of your project, For official Department review and comment, mail environmental impact documents to: Washington Department of Wildlife, Regional Habitat Biologist~ Ted Muller, 16018 Mill Creek Boulevard, Mill Cr2ek, WA 9"8012. In order to ensure the protection of the special species occurring in the study area, we recommend that the specific locational information presented here not be published or distributed, If your office should publish or ~istribute general information fr6m the enclosed material, please,provide the Nongame Wildlife Program with a draft of any document in which information from the Natural Heritage Data System is incorporated or referenced, and cit~ the System as follows: Natural Heritage Data System Washington Department of Natural Resources and Departmen't of Wildlif'e -Nongame Program c/o Mail Stop EX-12 Olympia, WA 98504 G·15 Betsy MacWh1nney August 17, 1989 Page two The information provided is not to be taken as a complete inventory of the project area and does not eliminate the need or responsibility to conduct more thorough research. If you have further questions or concerns, please feel free to contact us at (206) 586-1449. RHT:pr-b c: Rocky Spencer Ted Muller Dana L. Base Enclosure "".~ H. Taylor . Nongame Data Systems Biologist G-16 I , I I I I I • I • J • • • • , • • • • • I • • I • • • • I • • • • I ELEMENT OCCURRENCE SUMMARY Introduction Enclosure 1 '" The Natural Heritage Data System was established by the State of Washington and the Washington Natural Heritage Frogram of the Nature Conservancy. It is currently maintained by the Heritage Frogram of the Washington Department of Natural Resources and by the Nongame Wildlife Frogram of the Washington Department of Wildlife. The database is ~omprised of "element OCCltr=ecces." A~ "element" !s a natural feature of particular interest because it is exemplary, unique, or endangered on a statewide or national basis. An element can be a plant community, special plant, or special animal species., An "element occurrence II is a reported or confirmed locality of a native vegetation community, or of significant habitat :or a plant or animal species of concern. Information on element occurrences in the state i~ collected from herbarium and museum specimens, scientific literature, knowledgeable individuals, and field investigations. This information is compiled in the Natural Heritage Data System for use in land-use planning and evaluating the status of Washington's natural features. This enclosure summarizes the special animal occurrences reported within or- adjacent to the study area and catalogued in the Natural Heritage Data System. The Washington Natural Heritage Frogram manages similar information concerning special plants and plant c'ommunities. Format The Element Occurrence Summary table lists those special animals that have been reported to occur in or adjacent to the area specified in your information request. -The first column lists the U.S. Geological Service (USGS) topographic quadrangle. -The second column lists the· township, range, and section. -The third column, entitled "conf." (confirmation), lists a code indicating the specificaity of the locations recorded for each element occurrence. Confirmation Codes C -The location of the element occurrence is known to within a i/4-mile radius. In addition, the locality has been confirmed. U -The location of the element occurrence is known to within a 1/4-mile radius, but at this time has not been confirmed. -1- G-17 N • The location of the element occurrence is known to ~i:hin a I-mile radius. This information usually is derived f,om secondary sources. G • The element occurrence is locatable only to a general area, usually denoted by a geographic name. This information was derived from secondary sources. -The next column contains federal and state status information. Code FE FT Status Codes for Special Animals Explanation Federal Endangered - A species in danger of ext:~ction throughout all or a significant portion of its range. Federal Threatened - A species which is likely"· become endangered within the foreseeable future. I I I I i I The state status given in the second column under "Element Status" is based on status evaluations conducted by the Washington Department of Wildlife, Nongame Program. I Code Explanation SB State Endangered - A species which is' seriously threatenea with extirpation throughout all or a significant portion of its .range within Washington. ST State Threatened - A species that could become endangered within Washington in the foreseeable future without active management or removal of threats. SS State Sensitive - A species that could become t~reatcncd 1f current water, land, and environmental practices continue. SM State Monitor - A species of special interest because it: 1) has significant popular appeal; 2) requires limited habitat during some portion of its life cycle; 3) is an indicator of environmental quality; 4) requires further field investigation to determine popu- lation status classification; or 6) was justifiably removed from Endangered, Threatened, or Sensitive classification. If code column is blank this species is currently uncc~ consideration for classification as either endangered, threatened, •• ~sitive or monitor. In the fourth column the animal species is named. -2- I I I I I I I f II The fifth column, entitled "Crit." (Criteria), lists codes that '".:::a:e the specific criterion/criteria used to evaluate whecher a habitat location is significant to the species. Element Occurrence Criteria for Special Animals 10 Individual occurrence -Any record of the species constitutes a L special animal OCcurrence. He Herptile Concentration -Five or more individuals present in the same location. CR Colonial roosts B Evidence of breeding -nest, young or eggs, adult visiting probable nest site, nest building activity (i.e., carrying nest material), breeding display, agitated behavior and distraction display (i.e .. feigniag injury). RI Regular individual occurrences at the same location -Observations of less than 10 individuals that have been made during at least three different years, not necessarily consecutive. RSC RegUlar small concentrations -during migration, breeding or winter season of over 70 individuals observed during at least three different years, not necessarily consecutive. Comments The enclosed information represents the reported element occurrences currently catalogued in the Natural Heritage Data System. The Data System is constantly updated as more current and.historic info~ation on element occurrences in the state are reported. Consequently, some of the element occurrences reported to occur historically within the study area may no longer be present. Likewise, areas within the study boundary for which element occurrene~s have not yet been reported, nevertheless, may support special animal species. Finally, if information is needed on specific plant community or special plant occurrences within the study area, please contact the Washington. Natural Heritage Program, (206) 753-2449. For additional information on specific special animal occurrences, please contact the Washington Department of Wildlife Program, (206) 586-1449. -3- 0-19 , • • u • , u a • ".,. u • c I • 0 ~ 0 • • • 0 0 I 0 E • • 0 • · " 0 • ~ • c o 01 • a E 0 • 0 • c w c • " 0 I • a o • • ~ • u • w • ~ " • c 0 • w • • c c • • ~ • c u c " • ~ u u w " " • • " w • M • • ~ c c c • c • w • D • u " a • " ~ ~ w a u • • I w w • > • • a • • u U M 0 a u 0 • c E • • ~ ~ o , • m • c • w • • • • o , , ~ w • 0 , w w • 0 « , G-20· B ...... \ ,...:. _ .. CURT SMlTCH DirooOf STATE OF WASHINGTON DEPARTMENT OF WILDLIFE 600 North Capitol Way, CI-n • Olympia, Washington 98504-iXJ91 • (206) 753-5700 August 17, 1989 Betsy MacWhinney Jones & Stokes Associates, Inc. 1808 136th Place NE Bellevue, WA 98005 RE: BLACK RIVER OFFICE PARK EIS T23N R3E SECTIONS 13 AND 24 Dear Ms. MacWhinney: We have completed a review of our files for information on significant natural features in the study area. The result of this review is presented in the enclosed material, which summarizes the occurrence of special animals reported within or adjacent to the study area. The Washington Natural Heritage Program will mail, under separate cover, project area information concerning special plants and plant communities. We hope this presentation will be useful to you. This response is provided for your information only and is not to be construed as an official Department of Wildlife environmental review of your project. For official Department review and comment, mail environmental impact documents to: Washington Department of Wildlife, Regional Habitat Biologist, Ted Muller, 16018 Mill Creek Boulevard, Mill Creek, WA 98012. In order to ensure the protection of the special species occurring in the study area, we recommend that the specific locational information presented here not be published or distributed. If your office should publish or distribute general information from the enclosed material, please provide the Nongame Wildlife Program with a draft of any document in which information from the Natural Heritage Data System is incorporated or referenced, and cite the System as follows: Natural Heritage Data System Washington Department of Natural Resources and Department of Wildlife -Nongame Program c/o Mail Stop EX-12 Olympia, WA 98504 15 .. , . r [ nil, !I " Betsy MacWhinney August 17, 1989 Page two The information provided is not to be taken as a complete inventory of the project area and does ~ot eliminate the need or responsibility to conduct more thorough research. If you have further questions or concerns, please feel free to contact us at (206) 586-1449. RHT:pr-b c: Rocky Spencer Ted Muller Dana L. Base Enclosure Nongame Data Systems Biologist ·16 • Enclosure 1 ELEMENT OCCURRENCE SUMMARY Introduction The Natural Heritage Data System was established by the State of Washington and the Washington Natural Heritage Program of the Nature Conservancy. It is currently maintained by the Heritage Program of the Washington Department of Natural Resources and by the Nongame Wildlife Program of the Washington Department of Wildlife. The database is comprised of "element occurrences.'t An "element" is a natural feature of particular interest because it is exemplary, unique, or endangered on a statewide or national basis. An element can be a plant community, special plant, or special animal species. An "element occurrence" is a reported or confirmed locality of a native vegetation community, or of significant habitat for a plant or animal species of concern. Information on element occurrences in the state is collected from herbarium and museum specimens, scientific literature, knowledgeable individuals, and field investigations. This information is compiled in the Natural Heritage Data System for use in land-use planning and evaluating the status of Washington's natural features. This enclosure summarizes the special animal occurrences reported within or adjacent to the study area and catalogued in the Natural Heritage Data System. The Washington Natural Heritage Program manages similar information concerning special plants and plant communities. Format The Element Occurrence Summary table lists those special animals that have been reported to occur in or adjacent to the area specified in your information request. -The first column lists the U.S. Geological Service (USGS) topographic quadrangle. -The' second column lists the township, range, and section. -The third column, entitled "conf." (confirmation), lists a code indicating the specificaity of the locations recorded for each element occurrence. Confirmation Codes C = The location of the element occurrence is known to within a 1/4-mile radius. In addition, the locality has been confirmed. U = The location of the element.occurrence is known to within a 1/4-mile radius, but at this time has not been confirmed. -1- G-17 i. •• j L I ' t~ ! ': jJ r·'· ;.' -The fif:h column, entitled "Crit." (Criteria), lists codes that i~dica:s the specific criterion/criteria used to evaluate whether a habitat location is significant to the species. Element Occurrence Criteria for Special Animals 10 Individual occurrence -Any record 9f the species constitutes a a. special animal occurrence. HC Herptile Concentration -Five or more individuals present in the same location. " CR Colonial roosts B RI RSC COlIDDents Evidence of breeding -nest, young or eggs, adult visiting probable nest site, nest building activity (i.e., carrying nest material), breeding display, agitated behavior and distraction display (i,e., feigning injury). Regular individual occurrences at the same location -Observations of less than 10 individuals that have been made during at least three different years, not necessarily consecutive. Regular small concentrations -during migration, breeding or winter season of over 70 individuals observed during at least three different years, not necessarily consecutive. The enclosed information represents the reported element occurrences currently catalogued in the Natural Heritage Data System. The Data System is constantly updated as more current and historic information on element occurrences in the state are reported. C~~sequently,· some of the element occurrences reported to occur historically wi thin the study' area may no longer be present. Likewise, areas within the study boundary for which element occurrences have not yet been. reported, nevertheless, may support special animal species. Finally, if information is needed on specific plant community or special plant occurrences within the study area, please contact the Washington Natural Heritage Program, (206) 753-2449. For additional information on specific special animal occurrences, please contact the Washington Department of Wildlife Program, (206) 586-1449. -3- G-19 • • • c • N a z • " G • N o -.... U • c • • ~ • • E • z • ~ • • z o • % ~ L ~ . " z " N ~ • • c " • " " L • w a " z c w w c > c o " u o c • N · ~ E • · , z c • • c , . a c G-20 .. ,-.. ' Suite 6000 700 Fifth Avenue Seattle, Washinglon 98104 (206) 624·9223 Facsimile (206) 382·9752 fIMtCIlV WASHINGTON, INC. March 7, 1991 Ms. Leslie A. Bet1ach Open Space Coordinator Parks & Recreation Department City of Renton 200 Mill Avenue South Municipal Building Renton, Washington 98055 Re: Blackriver Corporate Park -North Dear Leslie: RECErVEO" MAR _ 8 1991 PARKS & RECREAnON As we discussed, enclosed please find legal descriptions for the north most lots 3-10 of Blackriver Corporate Park. If you have any questions, please do not hesitate to call me at 624-9223. Very truly yours, FIRST CITY WASHINGTON, INC, Dean R. Erickson Director of commercial Properties Enclosure DRE/ds Betlach ... - . -" ./' . NEW PARCEL 3 THAT PORTION ,OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST QUARTER WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME' 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88° 15' 00" WEST ALONG SAID NORTH LINE 1099.78 FEET;, THENCE NORTH 1°45'00" EAST 400.00 FEET TO THE TRUE POINT OF BEGItmING; THENCE NORTH 88°15'00" WEST 350.00 FEET; THENCE NORTH 71°42'49" ,WEST 218.86 FEET; THENCE NORTH 12°19' 12" WEST 109.81 FEET; THENCE SOUTH 71°22'34" WEST 174.45 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 650.00 FEET THE RADIUS POINT OF WHICH BEARS SOUTH 67°05'58" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 174.47 FEET; THENCE NORTH 39 ° 14' 15" EAST 453.11 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 1165.09 FEET, THE RADIUS POINT OF WHICH BEARS. SOUTH 39°14'15" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SOUTHERLY LINE 267.97 FEET; THENCE SOUTH 37°35'03" EAST 308.70 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 1005.37 FEET A DISTANCE OF 248.54 FEET TO A POINT WHICH BEARS NORTH 1°45'00" EAST FROM THE TRUE POINT OF BEGItmING; THENCE SOUTH 1°45' DO" WEST 18.89 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING TRACT: THAT PORTION OF CHARLES BROWNELL'S DONATION CLAIM NO. 41, AND OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00°58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS, 1958; THENCE SOUTH 72°37' 52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26 A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02' WEST ALONG SAID SOUTH BOUNDARY OF TRACT 26 A DISTANCE OF 73.50 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24'04" EAST ALONG SAID EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41 A DISTANCE OF 950.58 FEET TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID, PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 15°22'32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16 ° 12' 39" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31°35'11" EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09°42'39" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 41°17'50" WEST HAVING A RADIUS OF 428.64 FEET, AN ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48'04" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31°29'46" EAST HAVING A RADIUS OF 676.58 FEET, 'AN ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 50°34' 27" WEST A DISTANCE OF 248.50 FEET TO A POINT OF CURVE; THENCE CONTINUING ,ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 39°25'33" EAST HAVING A RADIUS OF 696.89 FEET, AN ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03° 17' 45" TO THE SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTH 43°49'09" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.83 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 46 0 10' 51!' EAST HAVING A RADIUS OF 4,030.00 FEET, NEW PARCEL 3 -PAGE 2 AN ARC DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02°48'32" TO A POINT OF COMPOUND CURVE; rHENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 43°22'19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC DISTANCE OF 194.75 FEET THROUGH A CENTRAL ANGLE OF 06 °01' 18' TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 37°21 '01" EAST HAVING A RADIUS OF 10543.00 FEET, AN ARC DISTANCE OF 186.51 FEET THROUGH A CENTRAL ANGLE OF 01°00'49" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 36°20'12" EAST HAVING A RADIUS OF 1,657.00 FEET AN ARC DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06°42' 20" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 29°37'52" EAST HAVING A RADIUS OF 6,738.00 FEET, AN ARC DISTANCE OF 197.76 FEET THROUGH A CENTRAL ANGLE OF 01°40'54" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 27° 56' 58" EAST HAVING A RADIUS OF 1,768.00 FEET, AN ARC DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06°18'06" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING 'ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 21°38'52" EAST HAVING A RADIUS OF 8603.00 FEET, AN ARC DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01 °21' 44" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING. ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20°17' 08" EAST HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05°19'46" TO A POINT OF COMPOUND CURVE ON THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE CONTINUING ALONG SAID SOUTH LINE OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 14 ° 57' 22" EAST HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF 659.42 FEET THROUGH A CENTRAL ANGLE OF 13°25' 19" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 01 °32' 03" EAST HAVING A RADIUS OF 1,165.09 FEET, AN ARC DISTANCE OF 1,097.05 FEET THROUGH A CENTRAL ANGLE OF 53°57'00" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 37°35'03" EAST A DISTANCE OF 308.70 FEET TO A P.oINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 52°24' 57" EAST HAVING A RADIUS OF 1,005.37 FEET, AN ARC DISTANCE OF 45.82 FEET THROUGH A CENTRAL ANGLE OF 02°36'41", TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 40°11'44" WEST A DISTANCE OF 126.24 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 49°48'16" WEST HAVING A RADIUS OF 1,829.78 FEET, AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09°41'48"; THENCE NORTH 49°53'32" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 167.07 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 40°06'28" WEST HAVING A RADIUS OF 1,102.46 FEET, AN ARC DISTANCE OF 807.11 FEET THROUGH A CENTRAL ANGLE OF 41°56'46" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 01 °50' 18" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13°32' 14" TO THE TRUE POINT OF BEGINNING. . TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET· ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: '.' / NEW PARCEL 3 --PAGE 3 COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES .98 THROUGH 102, RECORDS OF-SAID COUNTY; THENCE NORTH 88°15'00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°45' 00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE • SUBJECT TO AN EASEMENT -FOR INGRESS, EGRESS AND UTILITIES OVER THAT PORTION DESCRIBED AS FOLLOWS; COMMENCING AT THE MOST WESTERLY CORNER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF THE ABOVE DESCRIBED MAIN TRACT 174.47 FEET TO THE SOUTHERLY LINE THEREOF AND THE TRUE POINT OF BEGINNING; THENCE NORTH 71 °22' 34" EAST ALONG SAID SOUTHERLY LINE 144.45 FEET; THENCE NORTH 12°19'12" WEST 60.87 FEET; THENCE SOUTH 71°22'34" EAST 157 FEET TO SAID WESTERLY LINE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. Co. Rev 7-Zj-e~ BUSH, ROED 8: HITCHINGS, INC, NEW PARCEL 4: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13; TOWNSHIP 23 NORTH, RANGE 4 EAST,' W, M" KING COUNTY, WASHINGTON AND TRACT 25, RENTON SHORELANDS 2ND SUPPLEMENTAL DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST QUARTER WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88' 15' 00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH I '45'00" EAST 225.00 FEET; THENCE ON, A CURVE TO THE LEFT WITH A RADIUS OF 853.34 FEET A DISTANCE OF 209.55 FEET; THENCE NORTH 12'19' 12" WEST 140.57 FEET; THENCE SOUTH 71'22'34" WEST 413.75 FEET; THENCE SOUTH 31'14'05" WEST 358.99 FEET; THENCE SOUTH 47'09'50" EAST 71.33 FEET; THENCE EAST 114.27 FEET; THENCE SOUTH 68.91 FEET TO THE NORTH LINE OF THE SOUTH 650.00 FEET OF SAID SECTION 13; THENCE SOUTH 88'15'00" EAST, ALONG SAID NORTH LINE 454.26 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 5.8319 ACRES, TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88'15'00" WEST ALONG SAID NORTH LINE 1,626.50 FEET TO THE' TRUE POINT OF BEGINNING; THENCE NORTH 1'45'00" EAST 225.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF'853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12'19'12" WEST 325.81 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANCE OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,745.00 FEET A DISTANCE OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE. FIRST CITY' DEVELOPMENTS CORP. APRIL 19, 1988 ARTHUR L. HITCHINGS BRH JOB NO. 86114.04 SURV. 20A {I,IP"""'-"",,_ tllf 1Il~ loll' T';'lti---Af~~ < vi _ .. % t""" • .. / f "t' h7(LH','<' NEW PARCEL 6 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION~13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00°58'28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13, A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS, ACCORDING TO THE UNRECORDED PLAT THEREOF; THENC£ SOUTH 72°37'52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26, A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26, A DISTANCE OF 73.51 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24'04" EAST ALONG SAID EAST LINE 498.15 FEET; THENCE SOUTH 81 °11' 35" EAST 119.19 FEET TO A POINT ON CURVE HAVING A RADIUS OF 650.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 52 °42' 12" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE 538.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CURVE 646.21 FEET; THENCE NORTH 39°14' 15" EAST 453.11 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 1,165.09 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 39°14 '15" WEST; THENCE WESTERLY ALONG SAID CURVE AND SOUTHERLY LINE 829.08 FEET TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,814.93.FEET A DISTANCE OF 79.20 FEET TO A POINT· WHICH BEARS NORTH 1°24'04" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1 °24'04" WEST 365.48 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING TRACT: THAT PORTION OF CHARLES BROWNELL'S DONATION CLAIM NO. 41, AND OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 00° 58' 28" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID. SECTION 13 A DISTANCE OF 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 OF RENTON SHORELANDS SECOND SUPPLEMENTAL MAPS, 1958; THENCE SOUTH 72°37'52" WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 26 A DISTANCE OF 382.60 FEET; THENCE NORTH 70°54'02' WEST ALONG SAID SOUTH BOUNDARY OF TRACT 26 A DISTANCE OF 73.50 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE NORTH 01°24'04" EAST ALONG SAID EAST LINE OF THE CHARLES BROWNELL DONATION LAND CLAIM NO. 41 A DISTANCE OF 950.58 FEET TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD'TRACKS AS DEPICTED ON THAT CERTAIN RECORD OF SURVEY FOR LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8312229001, RECORDS OF KING COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 15 °22' 32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31°35'11" EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09°42' 39" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 41°17'50" WEST HAVING A RADIUS OF 428.64 FEET, AN ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09 ° 48' 04" TO A POINT OF REVERSE CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 31°29'46" EAST HAVING A RADIUS OF 676.58 FEET, AN ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 50°34'27" WEST A DISTANCE OF 248.50 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE . LEFT, THE CENTER OF WHICH BEARS SOUTH 39°25'33" EAST HAVING A RADIUS OF 696.89 FEET, AN ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03°17'45" TO THE SOUTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTH 43°49'09" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.83 FEET TO A POINT OF · . NEW PARCEL 6 -PAGE 2 CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 46' 10' 51" EAST HAVING A RADIUS OF 4,030.00 FEET, AN ARC DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02 '48' 32" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 43'22'19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC DISTANCE OF 194.75 FEET THROUGH A CENTRAL ANGLE OF 06'01' 18' TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 37'21 '01" EAST HAVING A RADIUS OF 10543.00 FEET, AN ARC DISTANCE OF 186.51 FEET THROUGH A CENTRAL ANGLE OF 01'00'49" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 36'20'12" EAST HAVING A RADIUS OF 1,657.00 FEET AN ARC DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06'42' 20" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 29'37'52" EAST HAVING A RADIUS OF 6,738.00 FEET, AN ARC DISTANCE OF 197.76 FEET THROUGH A CENTRAL ANGLE OF 01'40' 54" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 27'56'58" EAST HAVING A RADIUS OF 1,768.00 FEET, AN ARC DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06'18'06" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 21' 38' 52" EAST HAVING A RADIUS OF 8603.00 FEET, AN ARC DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01'21 '44" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20'17' 08" EAST HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05'19'46" TO A POINT OF COMPOUND CURVE ON THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM NO. 41; THENCE CONTINUING ALONG SAID SOUTH LINE OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 14' 57' 22" EAST HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF 659.42 FEET THROUGH A CENTRAL ANGLE OF 13'25' 19" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 01'32'03" EAST HAVING A RADIUS OF 1,165.09 FEET, AN ARC DISTANCE OF 1,097.05 FEET THROUGH A CENTRAL ANGLE OF 53'57'00" TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 37' 35' 03" EAST A DISTANCE OF 308.70 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 52'24'57" EAST HAVING A RADIUS OF 1,005.37 FEET, AN ARC DISTANCE OF 45.82 FEET THROUGH, A CENTRAL ANGLE OF 02'36'41", TO A LINE 35 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY TRACK OF THE CHICAGO~ MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 40'11' 44" WEST A DISTANCE OF 126.24 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 49'48' 16" WEST HAVING A RADIUS OF 1,829.78 FEET, AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09'41 '48"; THENCE NORTH 49'53'32" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 167.07 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 40'06' 28" WEST HAVING A RADIUS OF 1,102.46 FEET, AN ARC DISTANCE OF 807.11 FEET THROUGH A CENTRAL ANGLE OF 41'56'46" TO A POINT OF COMPOUND CURVE; THENCE CONTINUING ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 01'50'18" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13'32'14" TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W .M., IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: "'. . '\ ~ . /.: NEW PARCEL 6 -PAGE 3 COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 13, WITH THE NORTH LINE OF THE SOUTH 6S0.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88°1S'00" WEST ALONG SAID NORTH LINE 1,626.S0 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°45'00" EAST 22S.00 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 853.34 FEET, A DISTANCE OF 209.55 FEET; THENCE NORTH 12°19' 12" WEST 325.81 'FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET A DISTANC~ OF 803.66 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS OF 2,74S.00 FEET A DISTANCE ,OF 1,916.19 FEET TO THE TERMINUS OF SAID CENTERLINE. RST CITY DEVELOPMENTS CORP. 3, 1989 CORPORATE PARK NO. 86114.04/0S 20A . . • AN APPRAISAL of the VACANT LAND LOCATED AT BLACK RIVER INDUSTRIAL PARK RENTON,WA as at MAY 15, 1992 Prepared For CITY OF RENTON by Clifford H. Parrish F.R.I.,R.I.(B.C.) C.H. PARRISH APPRAISAL SERVICES INC , "" ,,-•. ~ ·ou"._ .... ·· .. ~ ... ''''¥ ......... ~ ........ -.:~~ •••• ''',. _., -•. ' .' .. ' , ...• ",.,.,~ -" " .' c.· H. PARRISH APPRAISAL SERVICES INC CLIFFORD H. PARRISH F.R.I..R.I.(B.C.) City. of Renton Parks & Recreation 200 Mill Avenue South Renton, Wa 98055 Att: Leslie Betlach Dear Sirs: Harold's Square, 153 Madrone Lane N. Winslow, Bainbridge Island Washington 98110 Tel (206) 842-9055 Fax (206) 842-7489 8 June, 1992 In accordance with yout instructions, I have prepared an appraisal of the above referenced property whose 'l'ax Account Number is 132304.9088 an6 is located in the city of Renton, in King county, Washington. The purpose of this report is to express an opinion bf the Market Value of the property as a fee simpJe estate as if free and clear of ~ll encumbrances, In my opinion of Market Va.l.ue , cons.ideration was given to all pertinent. data including market trends and economic anu general conditions affecting current market value_ In the final analysis, the subject property has an estimated Market Value as of June I, 1992 in the sum of: ONE MILLION ONE HUNDRED AND FIF'rV '['HOUSAND DOIURS ( $1,150,000.00 ) The appraisal includes both.the land and any improvements at the date of inspection. It does not include any equipment, stock, inventory, tools, furniture, fixtures or any other items, movable or unmovable of a personal nature. Market Value, as used in this report, is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. The appraisal has been.. prepared in conformity with Uniform Standard's of Professional Appraisal Practice as'adopted by the Appraisal Standards Board of the Appraisal Foundation as of August 9, 1990. A personal inspection was mad~ of the property and consideration was given to: Marke~ Value, as used in this report, is defined as the most probable price which a property should bring in a competitive-and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgably and assuming the price is not affected by undue stimulus. 'l'his appraisal has been -prepared in conformity with the Uniform standards of professional Appraisal Practice. A personal inspection of the property was made on February 3, 1992 and the photographs in this report of th'e subject were taken at that time. consideration was given to: Location, size, topography, zoning and utility of the land and its value as if vacant and available for sale and use. Sales and asking prices of vacant and available land'in the area of the subject. Interviews and conferences with'property owners, property managers, realtors, and appraisers and developers. Populationgrowth trends: industrial, commercial and residentialdevelopment trends in the subject area. This report consists OfQ pages including: A letter which identifies the property, summaries the results of th appraisal and certifies the conclusions contained herein. assumptions and limiting conditions. A narrative section which contains local background and economic data, a description of the subject property, a discussion of valuation procedures and a conclusion of value; and An exhibit section which contains maps, site plans and comparable sales data and other relevant exhibits. We have not invetsigated the title to or any liabilities against the property appraised. Respe~ct~utty su~mi:ted' I~ ~. C.H. Parrish Appraisal Services, Inc Clifford H. Parrish F.R.I."R.I.(B.C.) .. CERTIFICATION I, the understand, do hereby certify that, except as oth~rwise noted in this appraisal report: 1. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 2. That I have no personal interest or bias with respect to the subject matter of this report nor to the parties involved. 3. To the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. 4. This appraisal report sets forth all of the limiting conditions ( imposed by the terms of our assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. 5. This appraisal has been prepared to the best of our knowledge and belief,in accordance with the Uniform standards of Professional appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation. ' 6. No one other than the undersigned prepared the analyses conclusions and opinions concerning real estate that are set forth in this appraisal report. The undersigned has made a personal inspection of the property that is the subject of this report. 7. In arriving at the analyses, conclusions and opinions concerning real estate contained in this appraisal report, we consulted with other appraisers, and hereby acknowledge their professional contribution to the analyses, conclusions and opinions concerning real estate set forth in this appraisal report. • , " CERTIFICNTION,continued LIMITATIONS AS TO DISCLOSURE AND USE 8. Possession of this report, a copy, or any part thereof does not carry with it the right of publication. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal Institute. 9 . Neither all, nor any part of the contents of this report (especially any conclusions as to value, the identity the appraiser or the firm with which he is connected, or an~'Are.ference,",to."the .Appraipal .Insti tute, or to the designations F. R:":i:. ~r R. i. (B. C.) i sh"all be used for any purposes by anyone but the client specified in the report, without the previous written of the Appraiser. Nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the undersigned. 10. The value found by the appraiser is in no way contingent upon the compensation to be paid for the appraisal services. Clifford H. Parrish F.R.I., R.I.(B.C.) UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS 1. That the legal description furnished to the appraiser is true and correct. 2. That no survey was furnished to the appraiser. 3. That the title of the property appraised in this report is good. 4. That no title evidence pertaining to easements, leases, reservations or other parties-in-interest was furnished to the appraiser. 5. The property is appraised as a fee simple estate. 6. The appraisal assumes good title, responsible ownership and competent management. 7. ' No responsibility is assumed formatters which are legal in nature, nor is any opinion of the title rendered herewith .. 8. No guarantee is made for the accuracy of estimates or opinions furnished by others and obtained in this report. 9. No liability is assumed in matters of legal character affecting the property, 'such as title defects, encroachments, liens, overlapping lines, etc. 10.. Any liens or encumbrances which may now exist have been disregarded, and the property has been appraised as though free of indebtedness and as though no delinquency in payment of general taxes and special assessments exist. 11. The values assigned to improvements, shown in this report, are in proportion to the contribution said improvements make to the value of the property as a whole. . • 12. Compensation for appraisal services is dependent only upon the delivery of this report. 13. The value found by the appraiser is in no way contingent upon the compensation to be paid for the appraisal services. 14. standard and accepted appraisal practices were employed in the appraisal process. 15. In the event that the subject property enters into condemnation proceedings, it is assumed the appraiser will be given additional time for court preparation. 16. No right is given to publish or reproduce any portion of this report without the consent of the appraiser. 17. No earthquake compliance report, hazardous waste or asbestos analysis was made or ordered in conjunction with this appraisal report. 18. No engineering survey was made or ordered in conjunction with this report. 19. Appraisal reports that contain a valuation relating to an esti- mate in land that is less than the whole fee simple estate are subject to the following: "the value reported for such estates relates to a fractional interest only in the real estate in- volved and the value of the fractional interest plus the value of all other fractional interests mayor may not equal the value of the entire fee simple estate considered as a whole". 20, Appraised values that relate to geographical portions of a large parcel or tract of real estate are subject to the follow- ing: "the value reported for such geographical portion relates to such portion only and should not be construed as applying with equal validity to other portions of the larger parcel or tract. The value reported for such geographical portion plus the value of all other geographical portions mayor may not equal the value of the entire parcel or tract considered as an entity". " 21. The appraiser assumes that a purchaser is aware that (1) this appraisal on the subject property does not serve as a warranty on the condition of the property, (2) it is the responsibility of the purchaser to examine the property carefully and to take all necessary precautions before signing a purchase contract, and (3) ~ny estimate for repairs is a non-warranted opinion of the appraiser unless otherwise stated. 22. If this appraisal is prepared in conformance with the plans and specifications provided to your appraisers, it assumes completion in a workm~nlike manner. The appraiser cannot be held responsible for unforeseeable events that alter market conditions prior to the effective date of the opinion. 23. The liability of C. II. Parrish Appraisal S~rvices Inc. its Associate Appraisers and employees 1S llm1ted to the client only and only up to the amount of the fee actually received for the assignment. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client the client shall make such party aware of all limiting conditions and assumptions of the assignment and,related discussions. The appraisers are in no way responsible for any costs incurred tp discover or correct any deficiency in the property. In the case of limited partnerships or syndication offerings or stock offerings in real estate, the client agrees that in case of lawsuit (brought by lender, partner, or part owner in any form of ownership, tenant, or any other party), any and all awards, settlements, or cost, regardless of outcome; the client will hold C. H. Parrish Appraisal Services Tnc. and its Associate Appraisers completely harmless. 24. Unless otherwise stated ill tllis report, tile existence of hazardous substances, including without limitation asbestos, polychlorinated biph~nyls, petroleum leaka~e, or agriCUltural chemicals, which mayor may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless other- wise stated. The appraiser, however, is not qualified to test such SUbstances or conditions. The presence of such sub- stances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property. The value estimated is predicated on the assumption that there ,is no such condition on or in the property or in such proximity thereto that it would cause a loss ill value. No responsibility is assumed for any such conditions, nor for allY expertise or engineering knowledge required to discover them. 25. The instructions to appraise the subject were to assume that there were no wetlands on the subject property and that a building permit to develop the site would be obtainable in a reasonable period of time. o " PROPERTY IDENTIFICATION OSTENSIBLE OWNER; The subject properties ( Lots 3,4 and 6 ) are registered in the name of; First city Washington Inc. PROPERTY LOCATION; The subject property is located in the city of Renton, King County, Washington State. PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the Market Value of the legally described property as an unencumbered fee estate. This appraisal is being used for refinancing of the property. "Market'Value" means (i) The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specific date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. both parties are well informed or well advised, each acting in what he considers to be his own best interest: 3. a reasonable time is allowed for exposure in the open market 4. payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto : and 5. the price represents the, normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (ii) Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs that are normally paid by sellers as a result of tradition or law in a market area: these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institution lender that is not already involved in a mechanical dollar for dollar cost of the financing or concession, but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgement. MOST PROBABLE SELLING PRICE. For the purpose of this appraisal, market value is synonymous with most probable selling price, which is that price at which the appraised fee estate would most probably sell if exposed in the market for a reasonable time, under market conditions prevailing as of the date of appraisal. Briefly stated, the transaction zone reflects the upper and lower limits of value, how high a buyer might be willing to go in the negotiation process, and how Iowa price the seller would be willing to accept. FUNCTION OF APPRAISAL. The function of this appraisal is to estimate the market value of the subject property so as to assist the lender in considerations for loan collateral underwriting purposes and to serve as a benchmark for value in that regard. THE APPRAISAL RIGHTS. The rights are those of an unencumbered fee simple estate, "an absolute fee", without limitations or restrictions other than those of eminent domains, escheat, police powers, taxation and other applicable limitations approved by local health and public welfare regulations including local land use and subdivision ordinances. DEFINITION OF TITLE The property rights being appraised are those of the fee simple estate, free and clear of all encumbrances and liens. Real Estate Appraisal Terminology defines a fee simple as "an absolute fee; a fee without limitations to any particular cla~s or heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power and taxation." LEGAL DESCRIPTION The subject property is briefly described as Parcel C, City of Winslow Short Plat Recorded under Auditors No 8911140213, W63 being the south 141.71 feet of the North West quarter of Section 26, Township 25, Range 2 East. DELINEATION OF TITLE The last recorded title change is shown as being part of an acqui~ion of a much larger parcel of land in December 1985. There has been no title change of the three parcelsmentioned in this report and the addendum wi~hin ~he last three years. DATE OF VALUATION The value of the subject property is as at June 1, 1992. The inspection was initially made prior to this date but was reinspected on several occasions through the month of June. All the photographs -of the subject and the comparables were taken during June, 1992. SUBJEC'r P HOT 0 G RAP H S , -------:-; :" Itt :;', "'.~ I ' , • • ". ", .~ ',,~ t • , I, , .': ' , ". ' , ' •• ,' • PUGET SOUND AREA DATA: The Puget Sound Region consists of the contiguous counties of Snohomish, King, Pierce and Kitsap in the State of Washington. It is primarily concentrated within the counties of Snohomish, "King and Pierce which are located between the Puget Sound shoreline and the Cascade Mountains. TOPOGRAPHY: Land use in the Puget Sound area is dominated by urban areas, small agricultural valleys and forests. The Cascade Mountains act as a natural divider from the eastern portion of the state. The Puget Sound area is concentrated around the Puget Sound shoreline. CLIMATE: The Puget Sound basin is protected from heavy rainfall and high winds off the Pacific Ocean by the Olympic Mountains. On the east, the Cascade Mountains shield the area from the winter cold of east- ern Washington. The area has a mild climate throughout the year. POPULATION: King County has the greatest concentration of population in Washington state with an April 1990 population of 1,449,509. It's largest city, Seattle, has a 1990 population of 512,094. Pierce County is located twenty-six miles south of Seattle and has Tacoma as its largest city. In 1990, it has a population of 174,497. Snohomish County is just eleven (11) miles north of Seattle. Its largest city, Everett, has a 1990 popUlation of 69,136. Kitsap County is located across Puget Sound from the other three and in 1990 its largest city, Bremerton, has a population of 37,080. From 1980 to 1990 population in this region grew from 2,240,437 to 2,722,063. Though only a 21.15% increase, the 481,626 new inhabitants amounts to nearly 79% of Washington State's population gain during this time. This region accounts for 56% of the total state population of 4,826,675 as of April 1990. Paralleling the national trend, there has been some shift of population from the city to the surrounding communities. Seattle proper lost population between 1980 and 1986 before increasing slightly in 1987 through 1990, while most of the surrounding communities gained. Seattle's population fell from 493,846 to a low of 488,200 before increasing to 512,094. During this same period, the largest gains in King County were in Redmond, Kent, Kirkland, and Bellevue; and Lynnwood in snohomish County. This change in Seattle demographics does not reflect a flight from the city as much as a change in the makeup of the city residents in relation to available living space. The average house- hold size is decreasing as the larger families are being replaced by singles and younger couples with few or no children. Population projections by the Washington state Office of Finan- cial Management predict a 21.56% increase for the Seattle/Everett PMSA, from the census level of 1,607,618 (1980), to 1,953,600 in 1991. Proportionally greater gains are expected in Snohomish County during this period. The following chart shows the population growth in the Puget Sound Area between 1980 and 1990. WASHINGTON STATE CENTRAL PUGET SOUND REGION King County Seattle Pierce County Tacoma Snohomish Cnty. Everett Kitsap County Bremerton FOUR COUNTY TOTAL 4,132,180 1,269,898 493,846 485,667 158,501 337,720 54,413 147,152 36,208 2,240,437 % CHANGE 4,826,675 +16.81 1,499,509 +18.08 512,094 + 3.70 575,928 +18.58 174,497 +10.09 460,851 +36.46 69, 136 +27.06 185,775 +26.25 2,722,063 +21.15 On a size criterion, the Puget Sound Region ranks preeminent among the state's economic areas. In April 1990 the area population of 2.72 million residents accounted for over 56% of the Washington total. The region comprises less than 10% of ~he state's land area, giving an average ,population density of about 377 persons per square mile relative to the state average of 64 persons. EMPLOYMENT: The economic base is non-farm oriented; the value of farm products sold accounts for less than 10% of the state total; largely derived from poultry and dairy operations. Conversely, non-farm activity is important and diverse. In September 1988, non-farm payroll employment in the area averaged 993,200 workers and represented over 51% of the state total; the manufacturing employment share was approximately 50%. The Boeing Airplane Company is still the largest single employer in the area, but as the region's economy has expanded and diversified, the dependence on Boeing has lessened. Nor is Boeing the only manufacturer of transportation equipment in the area. PACCAR (railroad cars, trucks and heavy equipment), is also one of Seattle's largest employers. Two other large manufacturing industries are forest products and food processing. Eighty percent of the Seattle area economy, however, is involved in non-manufacturing activities. Seattle is one of America's leading ports. It is the largest U.S. center for "Overland Common Point" (O.C.P.) shipments and ranks among the top nationally in terms of container export traffic. As the largest urban area north of San Francisco, and west of the Rocky Mountains, Seattle is the northwest's major center for trade, distribution and services. Another industry that has been booming in Seattle is the tourist and convention industry. Following are employment trends for the major sectors comprising the Seattle/Everett PMSA non-agricultural employment: MANUFACTURING Durable Goods Lumber & wood products stone, clay & glass products Primary metals Machinery exc. electrical Electrical machinery Transportation equipment Aircraft Other transportation equip. Instrument Other durable goods Nondurable Goods Food & kindred products Apparel & allied products Paper & allied products Printing & publishing Chemicals other nondurable goods NONMANUFACTURING Mining & Quarrying Contract Construction Transpor. & Public Util. Wholesale & Retail Trade Finance, Insur. & Real Est. Services Government Sept. 1987 186,400 152,200 9,100 3,500 2,200 7,500 8,900 101,600 93,800 7,800 7,400 12,000 34,200 10,100 3,600 3,500 11,900 1,400 3,800 756,700 600 49,500 60,400 231,700 68,000 222,500 24,000 Sept. 1988 198,300 162,700 9,000 3,500 2,200 8,400 9,700 108,900 100,600 8,300 8,000 13,000 35,600 10,600 3,700 3,900 12,400 1,300 3,700 794,900 700 56,300 60,800 241,300 69,400 237,700 28,700 CHANGE +11,900 +10,500 100 o o + 900 + 800 + 7,300 + 6,800 + 500 + 600 + 1,000 + 1,400 + 500 + 100 + 400 + 500 100 100 +38,200 + 100 + 6,800 + 400 + 9,600 + 1,400 +15,200 + 4,700 Two other major sociological trends -an older population and more working women --are a key impetus in the growth of service jobs. The Seattle area is already the health care center of the Pacific Northwest. And, in the five years between 1982 and 1987, a 23% increase br,ought employment in the medical professions and health services to over 35,000. As more women enter the work force and have less time for the traditional homemaking activities, the demand for support services -food preparation, housekeeping, personal services, is ever on the rise. Although Boeing is located outside the Seattle city limits, a major portion of the Puget Sound region's employment is in the city of Seattle. The University of Washington is Seattle's second largest employer with 16,000 employees and 35,000 students. Several manufacturing establishments including Boeing, PACCAR, Inc., and Weyerhaeuser Company account for most manufacturing employment. Financial institutions, retail and wholesale establishments, as well as government offices and local school districts employ the bulk of non-manufacturing workers. TRANSPORTATION: The Puget Sound area is a major transportation hub. Elliott Bay in Seattle is a fine deep water harbor and the Port of Seattle is very active in acquiring and developing new cargo terminals and facilities. The Port is ranked among the largest container handling ports in the world. Highway communications are very good. Interstate 5 which runs north-south through the city and King County extends from Canada to Oregon. Interstate 90 extends east-west from Seattle over the Cascade Mountains through Snoqualmie Pass. Other highways such as Interstate 405, the East Valley Freeway, and State Highway 99 and 509 provide fast efficient transportation links within the county. The Seattle-Tacoma Airport is a large international port of entry. It is served by many large airlines with flights serving Alaska, the Far East, Europe and the rest of the contiguous United States. The airport accommodated 14,500,000 passengers in 1988 compared to about 11,400,000 in 1986. Railroad service is also very good in The Puget Sound area. Three (3) major rail lines, Amtrak, Burlington Northern and the Union Pacific have trackage running throughout the area, with the latter two running through the Green River Valley in South King county to Seattle ports. The rail lines also extend north to Canada, east over the Cascade Mountains and south to Oregon. EDUCATION: There are five Universities, five four year colleges and eleven community colleges offering a full range of programs and degrees in almost every field of endeavor located in the'area bounded by Tacoma on the south and Everett on the .north. Over the years, these universities and colleges have become a dynamic professional and vocational resource for the area and along with the public and private school systems, have been responsible for the high overall educational level in the area. A great number and variety of vocational schools are located in the area. Business schools, barber colleges, heavy equipment operator schools and almost everything in between, both public and private, can. be found in the area. Universities, colleges, and extension colleges that offer adult education and degree-completion programs at night are also available. CONCLUSION: In summary, a steady increase in population is forecast for the Puget Sound area. This together with good educational facilities, a trained labor force, good transportation systems, and an increasing- ly diversified industrial base, indicates that the future economic trend will be for a moderate growth rate over the next several years. Due to Seattle's position as the urban center of the Pacific Northwest together with its increasing level of economic diversification, the greater Seattle economy is projected to perform better than the Pacific Northwest as a whole over both the near and long term future. . . SEA TTL E MET R 0 POL I TAN ARE A OAT A METROPOLITAN SEATTLE DATA: Seattle is located in west central King county. Primary access into and through Seattle is via Interstate 5, Interstate 90 and State Highway 520.· TOPOGRAPHY: Seattle is located in the center of western Washington, on the eastern shore of Puget Sound, an inland water body connected to the Pacific Ocean. puget Sound occupies a major lowland area between two mountain ranges, ~he Olympics to the west, and the Cascades to the east. Built on seven hills between the expanse of Puget Sound and the freshwater lakes to its east, Seattle has rolling terrain with an abundance of both salt water frontage and lake frontage. CLIMATE: Seattle has a miid climate throughout the year. The Puget Sound basin is protected from heavy rainfall and high winds off the Pacific by the Olympic Mountains. On the east, the Cascade Mountains shield the area from the winter cold of the mid-continent. The winter days are mild and wet. Precipitation is usually light or moderate with an occasional heavy downpour. The total annual average measurable precipitation is 37 inches. This compares with the averages of st. Louis 36 inches; Washington, D.C. 39 inches; New York City 40.1 inches; Houston 48.2 inches; and Miami with 59.8 inches. The winter days are short and summer days are long with 16 hours of daylight in midsummer. The average summer temperature is 70 degrees. POPULATION: The tremendous rate of growth in the Seattle metropolitan area during the 1950s and 1960s slowed down markedly in the 1970s. During the two previous decades, population in the Seattle-Everett Standard Metropolitan Statistical Area (SMSA) increased by 30% each decade. However, in the 1970s, the rate slowed to roughly 13%. The greater rate of growth in the two county SMSA over the past decade occurred in Snohomish County, where population increased 27.4%. In King County, population increased 13.9%. Much of the Seattle area's growth during the sixties was attributed to the aerospace boom. But, when areospace temporarily bottomed out in 1971, many people moved out of the area. From 1970 to 1973, the PMSA population dropped by over 15,000, from 1,424,611 to 1,409,400. The local economy has since dramatically turned around. In 1976, population in the Seattle metropolitan area reached its 1970 level and continues to grow. Population in 1989 reached 1,876,400. Population projections by the Washington state Office of Financial Management predict a 22.6% increase for the PMSA from the census level· of 1,606,618 (1980) to 1,969,967 in 1990. Proportion- ally ·greater gains are expected in Snohomish county during this period. POPULATION CHARACTERISTICS Seattle Metro- Seattle politan Area Washington 1950 467,591 844,572 2,378,963 1960 557,087 1,107,213 2,853,214 1970 530,831 1,424,611 3,411,900 1980 493,846 1,607,618 4,130,163 1989 497,200 1,876,400 4,660,700 1990 512,094 1,969,967 4,826,675 2000 * 2,360,356 5,917,100 ( * PROJECTIONS) EMPLOYMENT: Boeing is still the largest single employer in the area, but as Seattle's economy has expanded and diversified, the dependence on Boeing has lessened. Nor is Boeing the only large manufacturer of transportation equipment in Seattle. PACCAR also manufactures railroad cars, trucks and heavy equipment. Historically Lockheed Shipbuilding and Todd Shipyard were major Seattle employers before the decline of the shipbuilding industry. Two other large manufacturing industries are forest products and food processing. Three-fourths of the Seattle economy, however, is involved in non-manufacturing activities. Seattle is one of America's leading ports. It is the largest U.S. center for "Overland Common Point" (O.C.P.) shipments and ranks first nationally in terms of container export traffic. As the largest urban area north of San Francisco, and west of the Rocky Mountains, Seattle is the northwest's major center for trade, distribution and services. Another industry that has been booming in Seattle is the tourist and convention industry. PUG E T SOU N D ARE A D A T A PUGET SOUND AREA DATA: The Puget Sound Region consists of the contiguous counties of Snohomish, King, Pierce and Kitsap in the State of Washington. It is primarily concentrated within the counties of Snohomish, King and Pierce which are located between the Puget Sound shoreline and the Cascade Mountains. TOPOGRAPHY: Land use in the Puget Sound area is dominated by urban areas, small agricultural valleys and forests. The Cascade Mountains act as a natural divider from the eastern portion of the state. The Puget Sound area is concentrated around the Puget Sound shoreline. CLIMATE: The Puget Sound basin'is protected from heavy rainfall and high winds off the Pacific Ocean by the Olympic Mountains. On the east, the Cascade Mountains shield the area from the winter cold of east~ ern Washington. The area has a mild climate throughout the year. POPULATION: King County has the greatest concentration of population in Washington state with an April 1990 population-of 1,449,509. It's largest city, Seattle, has a 1990 population of 512,094. Pierce County is located twenty~six miles south of Seattle and has Tacoma as its largest ,city. In 1990, it has a population of 174,497. Snohomish County is just eleven (11) miles north of Seattle. Its largest city, Everett, has a 1990 population of 69,136. Kitsap County is located across Puget Sound from the other three and in 1990 its largest city, Bremerton, has a population of 37,080. From 1980 to 1990 population in this region grew from 2,240,437 to 2,722,063. Though only a 21.15% increase, the 481,626 new inhabitants amounts to nearly 79% of Washington State's population gain during this time. This region accounts for 56% of the total state population of 4,826,675 as of April 1990. paralleling the national trend, there has been some shift of population from the city to the surrounding communities. Seattle proper lost population between' 1980 and 1986 before increasing slightly in 1987 through 1990, while most of the surrounding communities gained. Seattle's population fell from 493,846 to a low of 488,200 before increasing to 512,094. During this same period, the largest gains in King county were in Redmond, Kent, Kirkland, and Bellevue; and Lynnwood in snohomish county. This change in Seattle demographics does not reflect a flight from the city as much as a change in the makeup of the city residents in relation to available living space. The average house- hold size is decreasing as the larger families are being replaced by singles and younger couples with few or no children. Population projections by the Washington state Office of Finan- cial Management predict a 21.56% increase for the Seattle/Everett PMSA, from the census level of 1,607,618 (1980), to 1,953,600 in 1991. Proportionally greater gains are expected in Snohomish County during this period. The following chart shows the population growth in the Puget Sound Area between 1980 and 1990. WASHINGTON STATE CENTRAL PUGET SOUND REGION King County Seattle Pierce County Tacoma Snohomish Cnty. Everett Kitsap County Bremerton FOUR COUNTY TOTAL 4,132,180 1,269,898 493,846 485,667 158,501 337,720 54,413 147,152 36,208 2,240,437 % CHANGE 4,826,675 +16.81 1,499,509 +18.08 512,094 + 3.70 575,928 +18.58 174,497 +10.09 460,851 +36.46 69,136 +27.06 185,775 +26.25 2,722,063 +21. 15 On a size criterion, the Puget Sound Region ranks preeminent among the state's economic areas. In April 1990 the area population of 2.72 million residents accounted for over 56% of the Washington total. The region comprises less than 10% of the state's land area, giving an average population density of about 377 persons per square mile relative to the state average of 64 persons. EMPLOYMENT: The economic base is non-farm oriented; the value of farm products sold accounts for less than 10% of the state total; largely derived from poultry and dairy operations. Conversely, non-farm activity is important and diverse. In September 1988, non-farm payroll employment in the area averaged 993,200 workers and represented over 51% of the state total; the manufacturing employment share was approximately 50%. The Boeing Airplane company is still the largest single employer in the area, but as the region's economy has expanded and diversified, the dependence on Boeing has lessened. Nor is Boeing the only manufacturer of transportation equipment in the area. PAC CAR (railroad cars, trucks and heavy equipment), is also one of Seattle's largest employers. Two other large manufacturing industries are forest products and food processing. Eighty percent of the Seattle area economy, however, is involved in non-manufacturing activities. Seattle is one of America's leading ports. It is the largest u.S. center for "Overland Common Point" (O.C.P.) shipments and ranks among the top nationally in terms of container export traffic. As the largest urban area north of San Francisco, and west of the Rocky Mountains, Seattle is the northwest's major center for trade, distribution and services. Another industry that has been booming in Seattle is the tourist and convention industry. Following are employment trends for the major sectors comprising the Seattle/Everett PMSA non-agricultural employment: MANUFACTURING Durable Goods Lumber & wood products stone, clay & glass products Primary metals Machinery exc. electrical Electrical machinery Transportation equipment . Aircraft Other transportation equip. Instrument Other durable goods Nondurable Goods Food & kindred products Apparel & allied products Paper & allied products Printing & publishing Chemicals Other nondurable goods c NONMANUFACTURING Mining & Quarrying Contract Construction Transpor. & Public Util. Wholesale & Retail Trade Finance, Insur. & Real Est. Services Government sept. 1987 186,400 152,200 9,100 3,500 2,200 7,500 8,900 101,600 93,800 7,800 7,400 12,000 34,200 10,100 3,600 3,500 11,900 1,400 3,800 756,700 600 49.,500 60,400 231,700 68,000 222,500 24,000 Sept. 1988 198,300 162,700 9,000 3,500 2,200 8,400 9,700 108,900 100,600 8,300 8,000 13,000 35,600 10,600 3,700 3,900 12,400 1,300 3,700 794,900 700 56,300 60,800 241,300 69,400 237,700 28,700 CHANGE +11,900 +10,500 100 o o 900 + + 800 + 7,300 + 6,800 + 500 + 600 + 1,000 + 1,400 + 500 + 100 + 400 + 50.0 100 100 +38,200 + 100 + 6,800 + 400 + 9,600 + 1,400 +15,200 + 4,700 Two other major sociological trends -an older population and more working women --are a key impetus in the growth of service jobs. The Seattle area is already the health care center of the Pacific Northwest. And, in the five years between 1982 and 1987/ a 23% increase brought employment in the medical professions and health services to over 35/000. As more women enter the work force and have less time for the traditional homemaking activities, the demand for support services -food preparation, housekeeping, personal services, is ever on the rise. Although Boeing is located outside the Seattle city limits, a major portion of the Puget Sound region's employment is in the city of Seattle. The University of Washington is Seattle's second largest employer with 16/000 employees and 35/000 students. Several manufacturing establishments including Boeing, PACCAR, Inc., and Weyerhaeuser Company account for most manufacturing employment. Financial institutions, retail and wholesale establishments, as well as government offices and local school districts employ the bulk of non-manufacturing workers. TRANSPORTATION: The Puget Sound area is a major transportation hub. Elliott Bay in Seattle is a fine deep water harbor and the Port of Seattle is very active in acquiring and developing new cargo terminals and facilities. The Port is ranked among the largest container handling ports in the world. Highway communications are very good. Interstate 5 which runs north-south through the city and King County extends from Canada to Oregon. Interstate 90 extends east-west from Seattle over the Cascade Mountains through Snoqualmie Pass. Other highways such as Interstate 405/ the East Valley Freeway, and State· Highway 99 and 509 provide fast efficient transportation links within the county. The Seattle-Tacoma Airport is a large international port of entry. It is served by many large airlines with flights serving Alaska, the Far East, Europe and the rest of the contiguous united States. The airport accommodated 14/500/000 passengers in 1988 compared to about 11/400/000 in 1986. Railroad service is also very good in The Puget Sound area. Three (3) major rail lines, Amtrak, Burlington Northern and the Union Pacific have trackage running throughout the area, with the latter two running through the Green River Valley in South King county to Seattle ports. The rail lines also extend north to Canada, east over the Cascade Mountains and south to Oregon. EDUCATION: There are five Universities, five four year cOlleges and eleven community colleges offering a full range of programs and degrees in almost every field of endeavor located in the area bounded by Tacoma on the south and Everett on the north. Over the years, these universities and colleges have become a dynamic professional and vocational resource for the area and along with the public and private school systems, have been responsible for the high overall educational level in the area. A great number and variety of vocational schools are located in the area. Business schools, barber colleges, heavy equipment operator schools and almost everything in between, both public and private, can be found in the area. Universities, colleges, and extension colleges that offer adult education and degree-completion programs at night are also available. CONCLUSION: In summary, a steady increase in population is forecast for the Puget Sound area. This together with good educational facilities, a trained labor force, good transportation systems, and an increasing- ly diversified' industrial base, indicates that the future economic trend will be for a moderate growth rate over the next several years. Due to Seattle's position as the urban center of the Pacific Northwest together with its increasing level of economic diversification, the greater Seattle economy is projected to perform better than the Pacific Northwest as a whole over both the near and long term future. SEA TTL E MET R 0 POL I TAN ARE A OAT A METROPOLITAN SEATTLE DATA: Seattle is located in,west central King County. Primary access into and through Seattle is via Interstate 5/ Interstate 90 and State Highway 520. TOPOGRAPHY: Seattle is located in the center of western Washington, on the eastern shore of Puget Sound, an inland water body connected to the Pacific Ocean. puget Sound occupies a major lowland area between two mountain ranges, the Olympics to the west, and the Cascades to the east. Built on seven hills between the expanse of Puget Sound and the freshwater lakes to its east, Seattle has rolling terrain with an abundance of both salt water frontage and lake frontage. CLIMATE: Seattle has a mild climate throughout the year. The Puget Sound basin is protected from heavy rainfall and high winds off the Pacific by the Olympic Mountains. On the east, the Cascade Mountains shield the area from the winter cold of the mid-cont~nent. The winter days are mild and wet. Precipitation is usually light or moderate with an occasional heavy downpour. The total annual average measurable precipitation is 37 inches. This compares with' the averages of st. Louis 36 inches; Washington, D.C. 39 inches; New York City 40.1 inches; Houston 48.2 inches; and Miami with 59.8 inches. The winter days are short and summer days are long with 16 hours of daylight in midsummer. The average summer temperature is 70 degrees. POPULATION: The tremendous rate of growth in the Seattle metropolitan area during the 1950s and 1960s slowed down markedly in the 1970s. During the two previous decades, population in the Seattle-Everett Standard Metropolitan Statistical Area (SMSA) increased by 30% each decade. However, in the 1970s, the rate slowed to roughly 13%. The greater rate of growth in the two county SMSA over the past decade occurred in Snohomish County, where popUlation increased 27.4%. In King County, population increased 13.9%. Much of the Seatt'le area's growth during the sixties was attributed to the aerospace boom. But, when areospace temporarily bottomed out in 1971/ many people moved out of the area. From 1970 to 1973, the PMSA population dropped by over 15,000, from 1,424,611 to 1,409,400. The local economy has since dramatically turned around. In 1976, population in the Seattle metropolitan area reached its 1970 level and continues to grow. Population in 1989 reached 1,876,400. Population projections by the Washington State Office of Financial Management predict a 22.6% increase for the PMSA from the census level of 1,606,618 (1980) to 1,969,967 in 1990. Proportion- ally greater gains are expected in Snohomish County during this period. POPULATION CHARACTERISTICS Seattle Metro- Seattle politan Area Washington 1950 467,591 844,572 2,378,963 1960 557,087 1,107,213 2,853,214 1970 530,831 1,424,611 3,411,900 1980 493,846 1,607,618 4,130,163 1989 497,200 1,876,400 4,660,700 1990 512,094 1,969,967 4,826,675 2000 * 2,360,356 5,917,100 ( * PROJECTIONS) EMPLOYMENT: Boeing is still the largest single employer in the area, but as Seattle's economy has expanded and diversified, the dependence on Boeing has lessened. Nor is Boeing the only large manufacturer of transportation equipment in Seattle. PAC CAR also manufactures railroad cars, trucks and heavy equipment. Historically Lockheed Shipbuilding and Todd Shipyard were major Seattle employers before the decline of the shipbuilding industry. Two other large manufacturing industries are forest products and food processing. Three-fourths of the Seattle economy, however, is involved in non-manufacturing activities. Seattle is one of America's leading ports. It is the largest U.S. center for "Overland Common Point" (O.C.P.) shipments and ranks first nationally in terms of container export traffic. As the largest urban area north of San Francisco, and west of the Rocky Mountains, Seattle is the northwest's major center for trade, distribution and services. Another industry that has been booming in Seattle is the tourist and convention industry. fD The significant economic expansion that has occurred since 1975 in both the public and private sectors and the growing awareness of the livability of the Pacific Northwest are in large part responsible for Seattle's current status as the regional financial, industrial arid trade center. MAJOR EMPLOYERS IN THE SEATTLE METROPOLITAN AREA Manufacturing -Construction: The Boeing Company John Fluke Mfg. company PACCAR, Inc. Pan-Alaska Fisheries Univar Corporation Weyerhaeuser Company Twin City Foods Electronics -Computers: Microsoft Nintendo Hewlett-Packard Egghead Software Aldus Software Public Sector & Utilities U. S., Department of Defense King County Government Metro Transit System Pacific Northwest Bell Telephone Co. Public School Districts Puget Sound Power & Light Company Seattle City Government Seattle City Light Company Seattle Community Colleges university of Washington Washington State Government Retail Trade, Finance, Services Albertson's The Bon Marche US West Communications Frederick & Nelson Group Health Cooperative Virginia Mason Hospital Nordstrom J.C. Penney US Bancorp Security Pacific Bank-Washington Safeco Insurance Company Safeway Stores K Mart Discount Stores seattle-First National Bank Swedish Hospital and Medical Center MANUFACTURING & INDUSTRIAL: There are over 1,600 manufacturing firms in the community. Principal products include: transportation equipment, fabricated metal products, machinery, printing and publishing, lumber and wood products, and food products. Following is a table of the largest firms, listing products and approximate number of employees: MANUFACTURING EMPLOYMENT Number of Name of Company Employees Product 1) The Boeing Company 102,000 Aircraft 2 ) PACCAR, Inc. 2,500 Trucks 3) Weyerhaeuser Company 2,300 Lumber, Wood, Paper Products 4 ) John Fluke Mfg. Co. 2,100 NON-MANUFACTURING EMPLOYMENT Type of Name of Employer Employment Service 1) University of Washington 16,000 Education 2) U.S. Dept. of Defense 60,000 Federal 3 ) U.S. Postal Service 7,100 Federal 4 ) City of Seattle 12,000 Gov't There are over 5,000 acres in the city limits zoned for industrial use, of which about 5% is vacant and available in parcels ranging in size from about one-quarter to ten acres. Terrain is varied, subsoil is clay and piling is not normally required. COMMERCIAL: Seattle is served by three levels of commercial activity: (i) neighborhood/community shopping centers; (ii) the central downtown shopping district and; (iii) regional shopping center's. Neighbor- hood centers are typically small and keyed primarily to grocery markets, drug stores, variety stores and small service establish ments. Downtown Seattle provides the localized needs of banking, grocery and services, as well as clothing stores, restaurants, hardware stores, offices, entertainment, etc. Northgate, a regional shopping center located seven miles north of Seattle, consists of four major department stores and over 110 additional stores and shops. There is 1,156,000 square feet of gross leasable area, and parking for 7,000 cars on the 52-acre site. TRANSPORTATION: seattle is well served by all modes of t'ransportation --free- ways, railroads, buses, an international airport, deep water port facilities, a ferry system, and an excellent local mass transit system. To a great extent, Seattle's multi-faceted transportation network, and hence its exceptional accessibility, are responsible for the recent economic growth and diversification in the area. Two major interstate highways facilitate travel north to Vancouver, British Columbia, south to San Diego and east to ,the midwest and Atlantic Seaboard. Amtrak provides-daily rail service to Vancouver, B.C., Chicago, Salt Lake City and Southern California. Greyhound and continental Trailways provide bus service to practically any city in the continental United States from Seattle. Seattle-Tacoma International Airport, 13 miles south of the central business district, ,is one of the nation's most modern air traffic facilities. It is served by 37 commercial freight trucking lines and 27 commercial airlines, 13 of which are international carriers. The airport handled over 14.5 million passengers in 1988. Seattle's harbor,Elliott Bay, is one of the finest deep water ports in the ~orld, with depths of up to 600 feet. Port of Seattle facilities include 16 commercial piers, 46 ship berths which can handle ships of up to 1,400 feet in length, and vast quantities of warehouse storage space. · . UTILITY SERVICES: Water service is provided by the City of Seattle Water Department. Sewage is handled by the Municipality of Metropolitan Seattle. Natural gas is provided by Washington Natural Gas Company and electric power by Seattle City Light company. Telephone is by Pacific Northwest Bell. CITY GOVERNMENT: Seattle has a Mayor/Council form of city government with zoning and building codes. The police department consists of: 1,152 commissioned officers; 463 civilian employees; 128 patrol vehicles; 32 traffic cars; 97 detective cars; 2 helicopters; 5 boats; 46 motorcycles and 37 three-wheelers. Fire department personnel includes: 1,072 paid firemen; 35 stations; 37 first line pumpers; 2 fireboats; 12 ladder trucks and 11 aid cars. Fire insurance classifications: City 2: Industrial Fringe Area: 4-6. Total City of Seattle employment exceeds 12,000. COMMUNITY FACILITIES: Seattle has approximately 380 hotels and motels with over 12,500 rooms. The largest of several meeting facilities will seat 15,000 people and 10,000 people for meals. Seattle is a total health care community, involved in medical research and development, equipment manufacturing, education, medical transport services, and general and specialized care. Such diversity within this industry lends strength to the Seattle area economy. No matter what the affliction, Seattle area hospitals have the appropriate treatment facilities available. Medical facilities include 25 general hospitals with 4,916 beds, approximately 1,150 physicians and surgeons, 600 dentists and 70 osteopathic physicians and surgeons. Seattle's unique geographic location offers a wide spectrum of recreational and entertainment opportunities. Its proximity to large bodies of water, mountains and forested areas provides activities for outdoor enthusiasts. Seattle's downtown area provides both sights to see and things to do. The Seattle Center is a year-round 74-acre convention and family entertainment center that provides residents and visitors with a magnificent array of facilities and services. ".;" Its excellent endeavors have given Seattle an international reputation in the fine arts including: The Seattle Symphony Orchestra, Seattle Opera Association, Seattle Reperitory Theatre, Seattle Art Museum and ACT Theatre. Seattle has a rich and diverse resource in its 5,000-acres of parklands. More than 400 parks are available. Baseball, football and soccer fields abound. Almost unlimited opportunities exist for strolling, jogging, roller skating, bicycling, swimming and picnic- ing. There are 136 tennis courts distributed among the Seattle parks. Outdoor sports are enjoyed all year around. Freshwater and saltwater fishing are superb, and there are opportunities for boating, sailing, swimming and water skiing as well as numerous opportunities for snow related activities. Seattle is the home of three professional sports teams -the Seahawks (football), the Mariners (baseball), and the Supersonics (basketball). Other popular spectator sports include University of washington Husky football, horseracing at Longacres, automobile racing at Seattle international Raceway, and the·annual unlimited hydroplane race that takes place during Sea fair Week. In general, the Seattle area ranks high among Metropolitan cities in quality of living and environmental con·siderations. A recent study by Midwest Research Institute, a non-profit research group based in Kansas City, ranked Seattle third in quality of life among cities with a population of 500,000 or more. This represents the fourth such designation during the past three years. In 1989, Seattle was designated by several national publications as the "Bes~ City in the West" in which to live. This designation was based on c. comparison of "quality of life indicators" for ten major western cities. The Environmental Protection Agency listed Seattle third, nationally, in terms of environmental quality. EDUCATION: There are 33 Catholic, 8 Protestant and 1 Jewish parochial schools in the Seattle area. Included in these 42 schools are 6 Catholic and 3 Protestant high schools. University of Washington, Seattle University and Seattle Pacific College are all 4-year colleges and Seattle Community College is an accredited 2-year COllege. Seattle public schools offer a complete vocational education program. Also, there are specialized schools in Seattle offering training in business, electronics, apartment management, detective schools,. airline schools, and barber and beauty schools. . . The University of Washington has a total enrollment of nearly 35,000 students with evening enrollment of about 7,000 in credit and non-credit courses. The evening program offers credit courses from the following colleges: Arts and Sciences, Business Administration, Education and Engineering. seattle Pacific College enrolls 460 in the evening and offers courses in education, business, religion, horne economics, crafts and many novelty courses. Seattle Community College enrolls 6,500 in the evening. In summary, Seattle has a solid diversifying economic base with attractive amenities indicating steady economic and population growth over the foreseeable future. CITY INFORMATION & STATISTICAL SOURCES: Seattle Chamber of Commerce, Research Department Seattle-Everett Real Estate Research Report Property Dynamics King County Planning Division, Land Development Information System CITY OF RENTON Renton, located in Central King County, is on the south shores of Lake Washington and is approximately ten to fifteen miles south of downtown Seattle. The main traffic route through Renton is Highway 405 and state Highways 167, 169, 515 and 900. Interstate 405 links Lynnwood and Interstate 5 in the north and travels down the east side of Lake Washington through Redmond Bellevue and Renton and connects back to Interstate 5 just to the west of the Renton border. It is therefore highly accessible to alII these communities as well as those connected by the State Highways including Auburn, Kent and Issaquah. The population of Renton has steadily increased from 18,453 in 1960 to 36,760 in 1989 and the greater Renton area is believed to be over 100,000 today. Continued increase of multi-family housing and the annexation of residential lands have contributed to the growth pattern. Below is a brief overview of economictrends within the community including manufacturing and industrial patterns, commercial activity, transportation, utilities, city government and educational opportunities. MANUFACTURING AND INDUSTRIAL. There are over two hundred manufacturing firms in the service area. The principal products are: aircraft, railraod cars, machinconstruction and maintenance, corrugated cardboard containers, pipe and ceramics,meat packing,poultry equipment, coil springs, engineering, rendering, scaffolding cement castings, plastics, lumnber and light metalproducts. A number of national firms have distribution centers in the area with a current estimate of 290 distributorships. The largest manufacturing firms are as folllows: NAME OF COMPANY 1. 'The Boe~ Company 2. Pacific car & Foundry 3. Tally Corp. 4. Heath Tech. 5. Austin Compo PRODUCTS 1989 EMPLOYMENT Airplanes RR cars, winches etc Electrical hardware Plastics, electronicg Design and construction of commercial buildings and air conditioning systems 37,600 220 325 811 50 NAME OF COMPANY PRODUCTS 1989 EMPLOYMENT 6. container Corp. Folding carton division 131 7. Hormel Corp. Meat pr~cessing 80 8. Stoneway Concrete Sand, gravel and concrete 96 9. Pacific Propellers Propellers 79 10. continental Arctic Food processing 180 11. Mutual Materials Brick and drain tile 69 12. M. Segale Asphalt and concrete 202 NON-MANUFACTURING l. Renton School District Education 1,710 2. Valley General Hospital Medicine 1,400 3. City of Renton City services 610 4 . Pacific NW Bell Telephone services 320 5. PAC CAR Computers 600 6. puget Sound Power Electricity 325 COMMERCIAL DEVELOPMENT Renton is well served by three levels of commercial activity: (1) the central downtown district (2) neighborhood shoping centers, and (3) regional shoping centers. Downtown renton is clearly defined and has the normalbanking facilities, grocery and service retail stores, restaurants, offices and entertainment as well as the City of renton City Hall. There ae numerous neighborhood shoping centers and are more typically occupied by grocery stores, drug stores,variety stores and gas stations. There are no Regional shoping centers within renton but just to the west at the intersection of Interstate 5 and Interstate 405 is the Southcenter Mall which has four major department stores and over 100 additional stores in aover 1,250,000 sq.ft. of covered space. ~'RANSPORTATION FACILITIES There are excellent and efficient transportation facilities available both for commerce and passenger.Rail service is provided by Burlington Northern and the greater Seattle area is well served by all the major trucking lines. There is a complex network of bus services provided by Metropolitan transpotation allowing easy access to most areas and in particular to seattle. In additionSea-Tac International Airport is about five miles to the west and renton municipal airport is located at the north end of the City on the shores of Lake Washington. The Port of Seattle is centered about ten miles to the north and offers major port facility UTILITIES Water service is provided by the city of Renton Water Department. The city of renton has an extensive network of lines for sewage removal and natural gas is provided by Washington Natural gas company. Puget Sound Power and Light Company provide electricity. CITY GOVERNMENT Renton has a Mayor/Council form of government with zoning and building codes as well as a Parks department. The Renton Police department is centered at the city Hall and has aproximately 85 oficers and employees and there is about a 70 man fire department. COMMUNITY FACILITIES Medical facilities within the City include the 303 bed Valley General Hospital with a staff of 270 physicians and surgeons and 64 dental surgeons. The are numerous private medical facilities including General practicioners as well as specialists. The are also several senior retirement homes. Recreational facilities include approximately 26 parks although the Parks department is expanding the number. There are 20 tennis courts, 22 baseball diamonds, one municipal and two public swimming pools and two golf courses. EDUCATION Schooling is governered by Renton School District #403 and has the following amenities. Number Type Enrollment # Teachers 13 Elementary 5,755 245 3 Middle school 2,009 90 3 High School 4,029 175 1 Special Ed. 65 13 1 Alternative 165 9 There are also Kindergarten,pre school and other private facilities. Higher educational opportunities in the Seattle area include The University of Washington, Seattle University and Seattle Pacific College, which are all accredited four-year colleges serving the Renton area. There are also several other two-year colleges. vocational training opportunities are provided by the Renton vocational Technical Institute, a State supported but locally controlled institute that provides training, re-training, upgrading and apprenticeship related instruction. The Institute is fully accredited by the Commission on Colleges of the NorthwestAssociation of Schools and Colleges, and falls under the jurisdiction of Renton School ·District #403. In summary, Renton has a solid economic base with attractive amenities, a.mild climate, good transpotation facilities, ample schools, educational facilities and community facilities thta create a pleasing environment in which to live. , NEIGHBORHOOD DATA The subject is ~ocated in the north west sector of the City of Renton. The area is clearly defined by topography to the north and Highway 405 to the south. Due to the steep rise in the topography immediately to the north of the railroad tracks there is not an easy north south traffic pattern and Interstate Highway 5 ( to the west ) and Rainier avenue ( to the east) are the major routes. East west travel is far easier as both Grady Way and South 7th cross the area. Much of the,area is developed with Office development. There are some old houses close to Grady way but many of these are also used as offices for businesses that have a greater demand for the use of the' land. The office buildings vary widely in design and age and the newer structures tend to be lar'ger and have more appealing fenestration. There is some vacant land other than the Black River Business Park and further development can be anticipated as demanded by the market. Although, not in the immediate subject area, the land to the south of Highway 405 is also of similar use and is probably the area of main competition. The Boeing Company has acquired the Longacres Race Track and it is very difficult to measure the impact of a move to this area by the Boeing headquarters to this location. It is possible that it may detract slightly from the subject area and increase the popularity of the area south of the highway. The variations at present appear to be minimal. There is a reciprocal of the Boeing purchase is that it lessens the amount of zoned land available for development. The future of the area appears to be one of continued growth as demanded by the market. The past growth has been slow but steady. The market has been selective and in the current market developers are not building speculatively. an anchor tenant appears to be an essential for any development to commence. SITE DATA The subject site comprises a single legal parcel located at the north end of Naches Avenue SW and is part of the land known as Black River Business Park. Currently there is no access and Naches Avenue will have to be extended to obtain the necessary access as required by the Fire Marshall. The instructions received to complete this appraisal are to assume that such access will be obtained and approval will be given by the city of Renton. The Black River was a sUbsidiary of the Green River but since the controlling of the level of Lake Washington and flood control within the Kent Valley, there has been no water flow in recent years. The subject property appears not to have ever been affected by the river and instructions to do this appraisal assume that none of the subject land is designated "wetland" The site area is given as 233,901 s.f. or 5.37 acres and is very irregular in shape. The north boundary is the easement for the railroad tracks and runs SE to NW and is very slightly arced. The west boundary arcs just east of south and the south boundary runs more or less east west. The land is essentially flat and is covered with heavy secondary growth that is considered to have no commercial value. services. There are no services at present but the building to the south is fully serviced, There is every reason to believe that the sewer and water could be extended to the subject site. These services currently dead end on Naches Avenue approximately 500 feet to the south. soil. No soil analysis has been made or provided but nearby information shows that the subject soils are Woodinville series which is a classification. that ranges from fine sandy loam to silt lo~m that are usually found on level ground and judging by the nearby improvements have adequate baring quality for office park development. These are relic river Meander deposits and are organic silts, clayey silts and interbeds of peat and wood detritus with variable thickness of two to eight feet. A site plan is attached on the following page. c· ;. ,- " I' I)t-l N I NY .' E:L1093l1u741 2b2,lb3 ~O.fT. OR 6.02 ACRES til, ~1' 56' 46" R. , 102.46 L : B07.11 -'AKL,i::..L 1 - B 6: 53'57'00' R: 1165.09 L: 1097.05 \------Lor -" -------f\ \----117 ,800 ~ ... , -----i. OA ~.O:JOO -"'::::A[~ .--.~------~~----~ ,:.\, 3;' R ....... , L..::~ t:. ' 62' 2 . R ,.:1'::;: L ,.:1B·, .. ,r > ,-, , : . '.' -,? t:."1_ --. ..... , I PRESENT USE. HIGHEST AND BEST USE: In appraisal practice, the concept of Highest and Best Use represents the premise upon which value is based. In the context of market value, highest and best use is defined as: The reasonable and probable use that will support the highest piesent value, as defined, as of the effective date of the appraisal. Alternatively it is that use, from among reasonable, probable and legal alternative uses, found to be physically feasible, and which results in the highest land value. It should be recognized that in cases where a site has existing improvements on it, the Highest and Best Use may be determined to be different from the existing use. _ Our investigation leading to a conclusion of Highest and Best Use was designed to simulate the actions and thinking of prudent and knowledgeable purchasers and pursued ~he following logical sequence: 1. possible Use: To what use it is physically possible to put on the site in question. 2. Permissible Use (Legal): What uses are permitted by zoning and deed restrictions? 3. Feasible Use: What possible and permissible uses will produce any net return to the owner of the site. 4. Probable Use: The use must,be probable, not speculative or conjectural. There must be proEitable demand for such use and it must return to the land the highest net return for the longest period of time. 5. Highest and Best Use: Among the reasonable uses, those uses which will produce the highest net return or the highest present worth. The existing buildings are substantial but are old, varying types of construction and are a significant under improvement for the site. The square footage offered is well below that permitted under the zoning. It is therefore considered that redevelopment of the similar in nature and scope as the proposed project, as permitted by the zoning represents the highest and best use of the site at this time. .;; . • HIGHEST AND BEST USE ( cont ) The subject property is vacant and as such could be developed in accordance with the OP zoning. The principal of Highest and Best is a time. related concept and it is reasonable to assume that all the vacant land in the Black River Office Park could not be developed at the same time in that there would be too much space to be absorbed by the market and that the development will follow a systematic pattern. This poses the problem as to whether the subject would be the next site to be developed. This question however can be applied to any site that is available for development and therefore the sales of similar property are incorporating the markets answer to this question. It is therefore concluded that the highest and best use of the site is to develop to a maximum as permitted under the current zoning. pONING DATA The subject property is in an area zoned OP which is an office . park classification and is established to provide areas appropriate for professional ,administrative and business offices, certain manufacturing and supporting seryices in a campus like setting. Details of this zoning and the similar MP zone is attached to the rear of this report. ASSESSMENT AND TAX DATA The subject property is assessed as follows: Land Improvements Total 375,000 . 0 375,000 Property taxes are in the sum of $5,088.15 METHOD OF APPRAISAL. There are three basic approaches to value namely, the Cost Approach,the Income Approach and by Market Comparison. There are variations of these threeapproaches which can beutilized but it is these three methodologies that are most frequently utilized. The Cost Approach entails estimating the value of the land as if vacant and adding to it the replacement cost of the improvements. This approach to value is most applicable when the improvements are new or near new where. the depreciation or obsolescence is minimal. The Income Approach measures the Present Worth of the future benefits and entails capitalization of the projected income stream at a rate consistent with the demands of the market. Market Comparison is based on the principle of substitution, in that no one will pay more for a property than those properties that are available at a comparable price that offer comparable utility. The appraisal of vacant land tends to negatethe use of the Cost Approach, because there are no improvements and the Income Approach, because there are no improvements to generate an income stream .. This leaves direct market comparison. This is the course that the market follows. Any purchaser reviews the listings ~nd sales to find out what is available and also what has been paid for similarly zoned land. Sales will be reviewed and a conclusion reached as to the value of the subject. · . V A L U A T ION COMPARABLE Location: 'llax Acc No Sale Price Sale Date Lot Slze :.". Zone 'l'opography Grantor Grantee Remarks Rate p. s. f. No l. 72nd Avenue S. south of S. 143rd Street, Renton, WA 24204-9122 $582,084.00 30 Ottober,1990 5.000 acres MP Rolling land with a small area of wetland. Seattle Area Plumbing B & G Renton Partnership This is an irregular shaped parcel of land that is proposed fora vocational school. seller. and buyer agreed that the useable area wouJc not exceed $130,000 and thai the value paid for. this useable area was based on $4.75 p.s.f. $2.67 COMPARABLE No 2 Location Tax Acc No Sale Price Sale Date Lot size Zone Topography Grantor Grantee Remarks Rate p.s.f. SW 27th PLace, W of Lind Ave SW Renton, VIA 252304-9058, 9064, 9067 $1,745,625.00 28 November, 1990 12.770 acres MP Level site with no apparent wetland. Koch. Mastro Large rectangular site south of Highway 405. Owner intends to develope and use for himself $3.14 COMPARABLE No 3. Location Tax Acc No Sale price Sale date Lot size Zone Topography Grantor Grantee Remarks Rate p.s.f. Maple Avenue at Lind Avenue and 16th Renton, WA 334040 -3805, '3806, 3807, 3895. $329,805.00 2 August, 1991 1.154 acres MP Level and no obvious wetland. McIntyre Shih Small site clos~ to the Lind Avenue and Grady way intersection 6.56 COMPARABLE No 4. Location Tax Acc No Sale price Sale date Lot size Zone Topography Grantor Grantee Remarks Rate p.s.f. NE corner of Oakesdale SW and SW 34th St Renton, WA 125381.0130,0140, 0J.80, 0190, 0200, 0210 $6,108,782.00 16 October, 1991 33.309 acres MP Level, there appears to be some wetlands on the site. Burlington Northern Seattle Times A very large site south of sale No 1 $4.21 COMPARABLE No 5. Location Tax Acc No Sale price Sale date Lot size Zone Topography Grantor Grantee Remarks Rate p.s.f. NE Sunset Bvd, W of 138th Ave. SE Renton, WA . 516970.0110 $392,750.00 19 February, 1991 0.926 acres 8.1 Level Johnson Sunset Hwy Self Storage Proposed retail strip wiyh approx 10,675 s.f. $9.74 I I . . I .. '. .16-)-----"""-+;---.",.----I ., "'~ "'''f!:...!l.: .. ~. ~: " ., ':1 ~!~}, '1!"'" , ANALYSIS The sales listed are considered to be indicative of market activity in the Renton area. No recent sales have been found in the OP zone. It has been necessary to review sales in the MP zone area. It is therefore considered necessary to comment on the difference between these two zoning classifications. As stated under the Zoning Data these two zones are described in more detail in the addendum. I have discussed these two classifications with the city of Renton and it is considered that the differences in these two zones are minimal. The OP zone encourages office development but permits certain manufacturing whereas the MP zone encourages manufacturing but permits certain office development. The main restriction on the MP zone to office development appears to be mainly one of size. The zoning classifications both appear to be acceptable to a Business Park type development. It is therefore considered that the values of land in these two zones are essentially the same. Sale No 1 is close to the subject but lacks some of the identity of the subject property. This site has some wetlands and is undulating topography with only nominal vegetation. The site is also close to the sewage treatment plant but is not visible from this site. I consider the subject to be slightly superior to this site primarily because of location. Sale No 2 is located to the south of Highway 405 and currently has limited road frontage relative to the size. There is normally a sliding scale in value in that as the lot size increases the value p .•• f diminishes. There is no visibility from any main roads t~ this site and while the subject has no obvious visibility it is closer to the main routes. It is considered that this sale sets a lower limit of value due to its size. Sale No 3 is the reciprocal of the previous sale in that it is much smaller than the subject and is closer to the main .routes. Both these features suggest that the subject value has to be lower than this indicated sale price. These two sales tend to set the parameters of value for the subject property. Sale No 4 however tends to refute this trend to some extent. It is a much larger site but has good frontage. There appears to be some wetlands on this site but they are relatively small. This site is level and has very little site preparation needed. Notwithstanding the subject is considered to have a higher value p.s.f. than this sale because of the size difference. Sales No 5 and No 6 are included to show the retail value in the Renton area. While retail could be built on the subject it is considered to be most unlikely because of the lack of exposure. These two sales show an extreme upper limit of value. There appears to be no other sales that can indicate the value of the subject and while the number of sales are limited there is some consistency among those reviewed. There is a range of value from $4.20 to $6.50 p.s.f. As the subject land area is more or less in the middle of the land area of sales Nos 2 and 3 it is reasonable to place the subject value in the middle of the range of value. There is some concern that according to Kidder Matthews & Senger who are very active in the area, prices are falling due to lack of market activity. There is a listing on Monster Road of 7.2 acres zoned MP available at $5.00 p.s.f.Although this is slightly inferior to the subject, Greg Harrell at Kidder Matthews & Senger indicates his client is preparing to lower the asking price and undoubtedly would entertain an offer well below the current list price. This trend is considered to refute the possibility of obtaining $6.00 p.s.f. and is considered to indicate a value for the subject of $5.50 p.s.f. Applying this rate to the subject area of 233,901 s.f gives a value of: 233,901 s.f x $5.50 p.s.f. = $1,286,456.00 The question arises to whether there are any differences in costs between the comparables and the subject. The only obvious difference is that the road ( Naches Ave ) will have to be extended to create a satisfactory ingress and egress to any building. There is no specific data on this point but it is reasonable to assume that a prudent purchaser would allow a deduction from the above figure to cover this expense. The best indication is that the road would have to be extended about 200 feet and the services will have to be extended about 500 feet. The two hundred feet figure is arbitrary, as the code indicates that driveways shall be 40' minimum apart. However it also states that the location of ingress and egress .... shall be sUbject to the approval of the Public Works Dept... It also states that there is a 330 ' maximum'distance between driveways. The cost of these extraneous items can be considered to be 500 feet of services at $150.00 p.f and road and services at 200 feet at $325.00 p.f. This totals $140,000.00 and deducting this from the above figure leaves an indicated current market value of $1,169,505.00 -$140,000.00 = $1,146,456.00 Rounded to $1,150,000.00 consideration has also been given to the discounting of this value due to the time necessary to obtain a development permit. All the comparables are in a similar position and therefore any discounting that would apply to the subject would also apply to the comparables. Although there is need for an extension of the roads and services this could be applied for at the same time and thi~ factor also would appear not to be an additional time factor to consider. No discount of the above figure will be made, thus leading to the conclusion that the current market value is in the sum of $1,150,000.00 Z 0 N I M G !) ]I. T A , ' , . i • j -. ~.' .~ <.~. lJ I~' IyIC \ I ,0 ' , t····· , i " 4 L! _ VVA,y r r- " \ ~~I·.OiP \:.>;::::;;/.\. i I ;,~ I I I \ 5 ············1. . ... .... 'n"., , ,..., , ,-' : <. ", ... ~'. _\ ..... ~.,... ' ~-'-;-.-. '-... ____ I ----t ___ ~;>O_ I E ~~ I? \ ~ , ' .. ' .... o-p ---+-~ P 0 S A I L -. -'.-,i- I \ \ I, I I ·1 ,. ! , I ---~----,~ -...--- 4·3]·23 82) requirements of the City Code, provided such work IS not t.o an ext.cnl exceeding fill aggregale cost of fifty percent (50%) of the value of the building or structure, unless t.he building or atructuro is changed to a conforming use. 3. Extension: A nonconforming use shall not be extended, but the extcn.sion of n lawful usc to any portion of 8 nonconfonning building or structure which ex..isled pnar t.o the enactment of this Code shall not be deemed the exlension of such nonconforming use. 4. Changes: No nonconforming building, AlrucLure or use shall be changed La nnother nonconforming use. 5. Restoration: Nothing in this Chapler shall prevent the reconstruction, repairing, rebuilding nnd conlinued uS(! of Rny noncon· forcoing building or structure damaged by tire, collapse, explosion, or act of God, 8ubsequent to the dale of this Code, wherein the expense of such work docs not exceed fifty percen l (50%) of the value of the building or struclUT"O at the time such damAge occUlTed; otherwise any restoration or reconstruction shall cOllfi)tTII to the regulations nnd uees specified In ulis Chapter. G. Abandonment: A nonconfonning use (of A building or premises) which hos been nbnn· doned shall Hot therenfter be resumed, A nonconfom1ing use sholl be considered alHHI· doned: £1.. When tlla inlent of tho owner u) discontinue the use is apparent, and discon- tinuance for 0 period of one yeoI' or more sholl be pnmo facie evidence that the nonconforming use hns been abandoned, or b. \Vhen iL hos bcp.n replaced by n conforming use, Or c. When it hns been chonged to another use under penuit from the City or iL'i Authorized representotive. (On!. 1542, 1-17·5G) 1·31·24: CERTll"ICATE 01' OCCUPANCY: No vacant land shall be occupied or used and no building herealler erect~d ,hall be occupied or used, nor sholl the use of 0 building be chAnged from 0 usc limited tD one district to thAt of All)' other dist.ricl ns defined by lhis ChApler unlil fI ccrlificnte of occupancy shn!! hove been issued by the Building Inspector. No permit for excflvnlioTl 4·3]·25 for !Illy building shAll be flpplicnlion ho::; tx:en made occuponcy.) issued before the for celiiDcnlB of LAnd: Ccrlificnle of occupnncy for lhe lIse of vncant InndR or the chnnge in the usc of land as herein provided, ~hnl1 be applied for hefore any such Innd shall 00 occupied 01' used, and 0 cprtific8te of occupnnc)' shAll be issued within ten (10) dRYS afU::!r the npplicnlion has been made, providing such usc if! in cOllfonnily wilh the provisions of these rcgululiolls. Nonconforllling U!-1cs: Upon 11 wrilLeo request of lhe OWner, 1IlC' Building Inspector shall Issue n cerlificat~ of occLlpnncy for nlly building or land existing nt the time thia Code lakes effect, certifying, after inspection, the use of the building or lnnd find whether such use conforms to the provisiollA of the Code. \Vhere a pint as above providcu is not nlreudy all file, nn application for fI certificat(' of occupnncy shall be nccompanied by n survey ill duplicDte form such as is required for a permit. (On!. 1172, 12·18-53) 4·31·2S: ~IANUFACTUIUNG DlSTHlL~l', PARK IM·P) A. PUrpOfle OIH.! lnlenl: '1110 purpose oi Ole M-P Zone is to JlI'ovide for It wide variety of ind\lf!trinl, lrnn!-1poli.ntioll, ::;f'rvice find aflice ncliviLics which meet high operational, development find environmental standurds. Compatible personnl service and relllil use~ which IIrc Bupporlive of inJustrinl nreas nre !lISt) pcnllilLed. SLnndnrds for senle,· burrel'S, ouWoor activities and external impacts firo Bot forth to ensure high qunlity air, water, lighl, filld ROUlld envinmmcllls, ndequnl...c traffic circuintiorl, find compatible lu!!,~ IJses. TIle M·l' Zone IS intended to impieUient lhe manufacturing pnrkJlllultipJe option, mRnufac· tUI·ing park/multiple option omceflight industry, Hnd rnoIlufuclllring pork/multiple option -illdustry designnlioTls of the Comprc- hr.llsi\'c Plnn. 'I1,e principnl zoning caLegory for nrc~l\s so dC6ignRtcti 011 the comprehp'llsive pIon shuuld t~ M-P. II. l]Sf'S: III lhe !\It\llufAdllrilll~ Pork Zone (l .... l·P), LII(, roll()\'.'illr~ find similar uses nre permitted. Thl.' Building find Z:inillg Deplu"lment mlly dr.L[:rrHilll~ Lhot till)' uther use i:; similer ill I~r.nerl\l clinrncl.er t.o the following specific uses nnJ i::; in keeping with the inteJlt oi this ZOIH' Upon ~uch ndrninistrativc delcrmillfl· tifJlI, th!! ~lubje<:t use shnll b('come n principn!, 4-31-25 B) accessory or conditional usc, whichever is appropriate. Unless indicated by the text, definitions of the uses listed in this Zone fire corulistont with the descriptions in the Stan- dard Industrial Classification Manual. 1. Principal Uses: In the M-P Zone, lhe following principal uses are permitted: n. Manufacluring, processing. assembling and product servicing of: (1) Articles, products or merchandise from previously prepared nnturnl or 9yn- Uletic materials; (2) Articles, products or merchandise from previously prepared forrouB or alloyed metals; (3) Food and kindred products. b. Transportation, communication nnd utility services: Warehousing and storage, express delivery and hauling activities with limited cargo handling at a centTal terminal, utility distribution aetivities and support fscilities, and comrnunjcation services. 1.:. Senrices: (1) All manner of business,. professional, resoarch and development, heolth, legal, educational, social, cultural nnd other services; (2) Personal, recreational, and repoir services, motion picture theaters, nnd similar recrentional and enterluinment fncilities, subject to the provisiolls of Section 4-31-26C2; (3) Day care facilities. d, Offices: All manner of administrati .... e, professional, medical, financial nnd business omces. e. Wholesale trode. f. Retail trade subject to the provision!'; of Section 4-31-25C2. g. Recycling collection cenu,rs; provided, that they are locau,d outside of any required setback or landscaping orca. (On!. 39313, 9-16-85) 4-31-25 h. Hobby Kennels: A maximum of eight (8) adult dogs or cats may be permitted after satisfaction of the requirements in Section 4-31-37C1n. (Oni. 3955, 11-4-85) 2. Accessory Uses: In the M-P Zone the following uses are allowed where subordinate and incidentnl to a permitu,d use: o. Detnchcd buildings or slructures which ore ordinarily associated with a per· mitted use. b. Outside storage of materials, products or containers subject to the limitations nnd screening provisions of Section 4-31-25C7. c. A socurity building of less than one hundred (100) square feet locoted within n re- quired yard but outside of required landscaped orens. d, One residence per establishment for sccuIity or' maintenance personnel nnd fnmily, provided tllnt mobile homes and travel il'nilers oro not pcrmitwd. e. Retail sales incidental La 8 permitted usc. f. Repair services ordinarily associated wilh a permilted use. g. Drive-up "will call" windows. (Ord. 3463, 8-11-80) h. Storoge of petroleum or nutural gas or OilY of their by-products, provided that lhe l{llni sl.ornge cnpncity is less lhan fifty thou· sond (GO,OOO) go lions Dr other opplicoble Ullit or measure, nnd that storage of Buch products is ploced underground. (Ord. 3984, 4-14-86) i. Recycling collection stations, provided thot they ore locoted outside of any required setback or londscaping orea. (Ord. 3463, 8-11-80) j. On-site hazardous waste lreatment ond storoge focilities. (Ord. 4186, ll-14-88) 3. Conditional Uses: In the M-P Zone the fol- lowing uses mny be ftllowed by condiliQllnl U5£.' permit os provided in Seclion 4-31-36 of the zoning code, 4-31-25 133) n. Gnsoline service st.o.tions, provided c. thai nll nctivities except fuel sales nrc COli- ducted entirely within fin enclosed building, b. Truck lcnninnls and associated wa)'e~ housing facilities. c. Outdoor storage exceeding twenty feci (20') In height. d. Outdoor aboveground storage of up to ten thousand (lO,OOO) gallon, of the ncceHROI'Y storage of petroleum or natural gaB or nny of their by-products permitted in Section 4-31-25B2h nbove. e. Any permitted use whose activities, including manufacturing and storage, nre predominantly conducted outrof-doors rather than completely enclosed within n building. f. Additional uses as identified ill Section 4-31-36Dl. (Ord. 3463, 8-11-80) g. Off-sit..c hOlnrdouB wast..c treatment and storage facilities. (Ord. 4186, 11-14-88) 4. Prohibited Uses: In the M-P 7.mlO the following uses nrc prohibiLcd: n. Residential or maintenance provided in 8e<:lion ulies except for n RCoCurity personnel residcnc(! os 4-31-25B2d. b. Automobile, motorcycle, truck, boat, mobile home, lTailer, nnd recreational vehicle sales and renlal establishments. c. Automobile, molorcycle, t.ruck, bont, mobile home, tTniler, and recreational vehicle· repair, sen-icc and storage Activities, except gnsoline service stntions or ns incidenlnl to A pcrmitled usc. d. Refining, mnnufacture or bulk stornge of pctToleum, or Any of il'i hy-proclucta. e. Sulvnge, wrecking nnd di5po!inl activities conducwd out-of-uoors. f. All other uses not included in &~cLion!j ~-31-25I31 through ~-31-25IJ3. Development Stnnoords: in the 1\-1·P Zone the following development !iLHndnrds shull npply, except ns otherwise provided In Section ·1-31-25. 1. Site Pion ApprOVAl: Sit .. pion oPP"ovAI 4-31-:·0 shall be required for all developments withi~. lhe M-l' Zono. A building sito plan shall i:" filed nnd approved in accordance with tr.,;- City Code prior to issuance of any buildir.,; permits. Each building or other developmer.: permit issued shall be in confonnance \\;::-. the approved site plan. 2. Standards for Retail and Selected Servico U!ies: For those service nnd retail U6c-~ identified in Sedion, 4-31-25B1c(2) an~ ~-31-25Blf, the following ,tandards ,h.:: apply: n. The design of structures, includir~ signs, shall be generally consistent l= chnracter with surrounding uses. No dnve-t:;: windows shnll be permitted. b. No exterior display of merchandis.? designed to be viewed from the public right Q:- way shall he pe=itted. c. In order 00 avoid the negative impactE of strip commercial development: (Ord. 346~. 8-11-80) (1) Retail or service uses shall i:~ developed as part of larger, plannE'~ commercial, office or industri.=.: . complexes having common architecture.: or landscaping themes. A retail c:- service use shall not stand alone, unJes.-s; such use has a gross floor nre~c than twenty five lhousimd (2 ,000. square feel. Any stnnd alone re . service use, smaller than twenty fi .. "E thousand (25,000) square feet, i~. existence prior to lhe effective date c: this Ordinance shall bo permitted ~. expand, subje-ct to nll other provisions c: City Code. (Ord. 3984, 4-14-86) (2) Direct arterial flccess to individea: uses shall occur only when nlt.ernati·,.:- Rccess t.o local or collector streets r::- consolidnted access with adjacent uses ::: lIot feasible. (3) Hoof signs shall be pl'Ohibited. (Or: 3~63, 8-11-80) • 3. Lol An~n: The minimum lot nrcn perm i ttr. :. In lhe M-P Zone shall be thirty five thousec.: (35,000) squnre feet except for lots existing "., or December I, 1986 which are smaller th,-c. thirty fivC" thousnnd (3Ii,OOO) square feet ::- lC'ss L1Hln three hundred feet (300') in de~·.~. H!i Illcn!iul'p.d pel"pcndiculfi!' t.o un Rdjnt~:-.: 4-31-25 C3) street. For purposes of this Ordinance, such pre-existing lots with less than the minimum area are known as "small lot M-P". Certain small lot M-P setbacks and lnndscaping pro- visions may apply. See Seclions 4-31·25C1a and band 4-31-25C6a. When properties which satisfy the criteria for smnll lol M-P are contiguous and held in the some ownership, then those lots must be developed ns n single development to the greatest exlenl pcssible. Before talUng advantage of lhe smnll lot M-P provisions, 8 property owner must exhaust nil available administrative or Jegal processes to aggregate the small lot M-P pnrcels lo lhe minimum lot size of thirty five lhousand (35,000) square fee~ if possible, For example, if parcels of property within the same owner- ship are separated by an alley or Bacot) the property owner must first apply for an alley or street vacation in an attempt to aggregate the parcels, In no event will a piece of pro- perty be subdivided to create lots to qunlify for the small lot M-P critelin, The public in- terest is served by taking all st.cps necessary and legally permissible to encournge tho fUl"· ther aggregation of lots that qualify as small lot M-P lots such that the lols qunlify for lhe regular minimum M-P zoning arens of lhirly five thousand (35,000) square feel. 4, Setbacks: a, Streets: All buildings or structures shall be locnted n minimum of sixty feel (60') from any street or rughway property line, except from limited access highwnys where . there shall be a' minimum twenty foot (20') setback. However, when any pcrtion of n lot is shallow (three hundred feet [300'1 or less in depth measured perpendicular to nn adjacenL. street), the above setback standard sholl not npply; Within such shallow pcrlions of a lot, the setback from the street shall vnry, so thnt at each pcint along the street, the required setback shall be twenty pcrcont (20%) of the lot dimension measured perpendiculnr to the street at that point, provided thnt the mini- mum setbnck is at least twent)' feel (20') adjacent lo nrtelial streets nnd ten feel (l0') adjacent to oll other-streets. b. Olher Ynrds: All buildings or struc· tures shall be lcealed a minimum of twenty feet (20') from all other property lines, including limited access highwn)'s.· However, for pm·existing platled lots smoller thnn' the minimum lot area in the M-P Zone, no set- backs nre required from such other propcl'ly 4-31-25 lines, pro\'ided thnt the total coverage shall not exceed sixty five percent (65%) of the lot aren on these small lots. (Ord. 4035, 12-22-86) c, Hnilroad Spur Trnck: The required setbncks· shall not npply along lhe portion of n building or styucture contiguous la· 8 rnil- rand spur b·oek. d. Adjacent lo Hesidential Lols: When- ever n proposed use in the M·P Zone shares n common property line with 8 lol designated residenlial on both the ,comprehensive plnn nnd zoning map, the minImUm setback contiguous lo the common property line shnll be fifly fcct (50'). Whenever an adjncent lot contains n residential use and either the comprehensive plnn or zoning designation or both is something other than residential, then the appropriate setback and landscaping adjncent to the residential lot shall be determined by site plan approval. A site .plan decision ill require more than the minimum s~tbfick and landscaping shall consider the long term viability of the residential use, the presence of other residential uses in the sun"ounding area, and such' other indications of stability as owner·occupancy and housing conuition. e, Use of Setback Areas: All required selback arefiS shall be unae~upied and unab· s.n-ueLed except for off-street parklng nnd londing, driveways, entrance ronds, a gate- house or guni'dhouse, water pits, lawn sprinklers, walkways, landscaping, ordinary nnd necessary utility service facilities, utilily poles, lighting fixlures, identifying and direction signs, underground installations accessory to nny permitted use, and railroads. f. Flexible Setbacks: With site plnn appmvlIl and subject to applicnble building fino fire codes, one of the side setbacks (not nujacent to a public street or residential use, as defined in Section 4-31·25C4d above) may be reduced or eliminated if the lotnl of both side selbncks is nt lenst forty feet (40'); and tile renr setbnck not adjacent to n public stTccl may be reduced or eliminalcd if the rront selback -is incrensed nccordingly. The sil~ plnn decision shnll be bnsed on It f",ding lhnl, wilh reduced setbacks, the nrchil.eclurnl design, building orientation, circulntion, noise ulld glnre of the proposed project will be compatible wilh ndjacent uses. 4-31-2G C5) n_ In the M-P Zone, no height limit is established, provided that all required setback nreas on the periphery of the lot shall be in- creased one udditional foot in building height above forty five feet (45'). b. Gate houses or guardhouses shall not exceed twelve feet (l2') in height. 6. Landscaping: (Ord. 3463, 8-11-80) a. Setback Are .. : A landscaped strip a minimum of twenty feet (20') in width or on<>- half (1/2) the required setback, whichever is less, shall be provided adjacent to all street or highway right-of-way lines, except limited access highways; and a landscaped strip a minimum of ten feet (l0') in width or on<>-half (JJ2) the required setback, whichever is less, shall be provided adjacent to interior side lot lines within the required front setback. (Ord. 4035, 12-22·86) b. Adjacent to fulsidential Lots: When- ever a proposed use in the M-P Zone shares n common property line. with a lot that is desig- nated residenlin'l on both the comprehensive plan and zoning map, a landscaped strip a minimum of ten feet (l0') in width consisting of evergreen shrubs or trees n minimum of five feet (5') in height shall be provided adjacent to the common property line and shall be planted prior to occupancy of any portion of the site. c. All areas of a site not covered by buildings, structures, or paved surfaces shall be landscaped. Required landscape arens shall not be used for ofT-street parking and loading. Arens of 8 site set aside for future develop- ment may be hydroseeded. d. Flexible Landscaping Arens: With site plan approval, the perimeter landscaping sbips required by Section 4-31-25C6a above may be reduced in width up to fifty percent (50%) if the equivalent square foolage of landscaping is provided elsewhere within the site. SiLe plan approval shall be based on n finding that the aiten18tive landscnping arrangement provides buffering and siLc amenities equal to or better thall lhat which would be achieved by strict application of lhe Code. The relocated landscaping shall nol be localed within the rear setback of the sileo 7. Oulside Stornge: 4.;)1-25 a. Outside storage or display of maier· ials, products and containers is permitted within the buildable aren of a site; provided, that the storage area is screened from all adjacent property lines by an existing struc- ture, a wall or view·obscuring fence at lenst six feet (6') but not more than ten feet (10') in height, or .. required by the bulk stornge ordinance, Section 4-31-29. b, Whenever outside storage 'exceeds fifty percent (50%) of the buildable area of a site. storage shall be considered the principal use of the site and shall be subject to the condit- ional use requirements of Section 4-31-25D3e. 8. Refuse: No refuBa, trash, rubbish or other waste material shall be dumped, placed or allowed to remain outside a permanent build· ing, except in nonflammable, covered or enclosed containers, which shall be screened by fence or landscaping. No refuse shall be stacked higher than the screening fence or landscaping. 9. Parking nnd Loading: a. See Chapler 14, Tille IV of lhe Cily Code. b. All uses requinng deliveries or ship· rnents shall provide a minimum of one ofT· street loading space nnd one additional load· ing space for each seventy thousand (70,000) square feet of gross floor oren over si:x thou· sand (6,000) square feet. c. The minimum aren for each off·slreet londing space, excluding oren for maneuvering, shall be two hundred fifty (250) square feel. d. At no time shall any part of a vehicle be allowed to exland into a public right of wny while the vehicle is being loaded or unloaded. All loading nnd unloading maneuvers shall be conducted on privn~ property. e, Off·street londing spRces shall not interfere wilh the usc of required off·street pnrking areas. • 10. Environmental Performance Standards: The following minimum stnndnrds sholl be met by all activities within lhe M-P Zone. For nil ncti .... ities which mny produce objectionable 4-31-15 C3b) (2) Commerciul, Jndustrint nIH..! Olher Uses: A maximum of eight fp.ct (8') anywhere on the lol providct! the fence does not stand in or it! front of All)" required iandscnping or pose n tnd1ic vision hazard. (3) Fence Types: (A) Electric fences: i. Electric fences lire permitted by special re\-iew in all residenlitd zones in cases where lorge domes- tic animals nrc being kept provided additional fencing or .other onrl'icr is erected along the properly lines. ii. All electric fences sholl be posted \vith pennnflcnt signs n minimum of thil-ty six (36) squnre inches in nren fit inlervals of fifteen feet 05') stnting tlwt the fence is elect1"ified, iii. Electric fences Hod ony rclnled equiplucnt ond npplinnccs !\lust be installed In Rccordallce with the manufaclurer's !lpccificEltions nnd in complinnce with the Nntionnl Electricnl Code. (B) Barbed V-iire Fences: 13nrbcd wire may only be used on top of fences at least six feet (6') high for cOlllmercial, industrial, utility and public uses. (C) Other: i. Bulk Storage Pences: See Section 4-31-29. ii. Fences for mobile home parks, subdivisions or planned unit development end for siLes which are mined, graded or excavated may vary from these reguilltions £\5 provided in ll1e respective code sections. 4. Special Review Process: a. Persons wishing to have one of' the following types of fences may submit a letter of justification, site plnn nnd lypicn! elc\'otion together with the pennit fcc to the Building and Zoning Depnr-tment: 4-3 t-t G (1) Fellces exceeding fort)' eight inches (<18") within front yard sE':tbncks but nol wilhin a cleer vision nren. (2) Solid f~nces along side propel"iy lines abutting arterinl streets. (3) Electric fences. b. The Building and Zoning DepnrtmenL shnll npprove the issuance of special fence .i1crmits provided lhnt: t 1) Fences, wnlls find hedges above ru'rty eight inches (48") when nil setback-from the> sb-cet property line rour inches (4") rrom everyone inch of increased height sought lover 48", up to n maximum or 72"). (2) Fences along property lines nbutting n side slTeet \~hich is nn nrt..eT"inl rnny be fl maxirnum of seventy two inches (72") in height. This fence must be locawd to the renr or the required rront yard. In nddilioll, drivcwnys will not be nllowed to access through this fence. The location of the fencc exceeding forty two inches (42") in height nlong properly lilles, pOI-ticulnrly the front nnd side lot lines "long nnnking nrt.eTial stTcets, docs not obsb"uct views or on-coming trnOic Ilt intersections or driveways. 5. Compliance: Fences which do not comply with these regulations must be brought into compliance within six (6)' months Ii'om the daw of notice of fence violation from the City. Wrd. 4056, 4-13-87) 4-31-16: OFFICE PARK DISTRICT (O-P): A. Purpose nnd Intent: The Office Pnrk Zone (O-P) IS established' to provide nrens appropriate for proressional, administrative, . nnd business offices, certain manufacturing activit.ies, and supportive Sery\ces in n '"rnpus-like setting. (Ord. 4186, 11-14-88) 13. Uses: In the Omce Park Zone (O-P), the following and similar use~ nre pennitlcd. The Building and Zoning Department mr_)' deter- mine Lhat any other use is similnr in genernl chnrncter to the rollowing specific uses And is in keeping with the intent or this Zone. Upon such ndminish'ntive det..enninntiol1, the subject 4-31-1& B) use shall become n principal, nccessory or conditional use, whichever is approprinte. Unless indicated by the text, definitions of the uses listed in this Zone are consistent with the descriptions in the Standard Industriul Classification Manual. 1. Principal Uses: In the O-P Zone the following principal uses are permitted: a. offices. Administrative and professionnl b. Medical and dental offices nnd clinic~. c, Financial offices such as bnnks, savings and loan institutions. d. Schools and sludios for art, crafls, photography, dance and music. e. Business and professional services. f. Research and development. g. Educational, cultural, And social activities. (Ord. 3937, 9-16-85) h. Product servicing, wholesnling, warehousing and storage of articles, products or merchandise from previously prepared natural or synthetic materials, or ferrous or alloyed metals. (Ord. ~ 186, 11-14-88) i. Day care facilities. (Ord. 3937, 9-16· 85) j. Hobby Kennels: A maximum of eight (8) adult dogs or cats may be pennitted after satisfaction of the requirements in Section . 4-31-37C1a. (Ord. 3955, 11-4·85) k. Motion picture theaters and similar recreational and entertainment facilities, aubject to the provisions of Section 4-31·25C2. (Ord. 3980, 3-24-86) 2. Accessory Uses: In the O·P ZOlle the following uses are allowed where incidental to a permitted use: a. Parking garages. h. H.ecreationnl facilities. c. Reteil sales of products or merchan- dise produced as a pennitl~d use. C. 4-31-16 d. Repair activities ordinarily associated with a permitted use. e. Storage of petroleum or na tural gas or any of their by-products, provided that the total storage capacity is less than ten thousand (10,000) gallons or other applicable unit of measure, and that storage of such products is placed underground. 3. COllditional Uses: In the O-P Zone the rollowing: uses and their accessory uses may be allowed by conditional use permit as provided ill Section ~-31-36 of the City Code: a. Churches. b. Heliports. c. Personal, recreational and services and relail uses, subject standards of Section 4-31-16C2. repair to the d. Additional uses as identified in Section 4-31-36DL (Ord. 3937, 9-16-85) e. On~site hazardous waste treatment and storage facilities. (Ord. 4186, 11·14-88) 4. Prohibited Uses: In the O-P Zone the following uses are prohibited: n. Residential uses. b. Automobile, motorcycle, truck, boat, mobile home, trailer, and recreational vehicle sales, rental, repair, service and storage activities, except repair and maintenance Inay be pennitted if incidental to a pennittcd use. c.· Any outdoor storage or display of materials 01' products. d. All other uses not included in Section ~-31·16B1 through 4-31-16B3. (Ord. 3937, 9-16-85) c. Off~siw ha2,ardous waste treatment and stornge facilities. (Ord. 4186, 11-14-88) Development Standards: In the O-P Zone the rollowing development standards shall apply, except as otherwise provided by this Section. 1. Site Plan Approval: Site plan approl'al shnll be required for all del'elopments within • .4-31-16 Cl) the O-P Zone. A building site plan shall be filed and approved in accordance with the City Code prior to issuance of any bUilding permits. Each building or other development permit issued shall be in conformance with the approved sits plan. 2. Standards for Retail and Selected Service Uses: For those service and retail uses identified in Section 4-31-16B3c, the following standards shall apply: a. The design of structures, including sigru, shall be generally consistent in character with surrounding uses. No drive.up windows or outside automobile service shall be permitted. b. No exterior display of merchandise ahall be permitted. c. In order to avoid the negative impActs of strip commercial development: (1) Retail or selected service uses ,hall be developed as part of larger, planned commercial, office or industrial complexes having common architectural or landscaping themes. Such retail or service uses shall not stand alone and shall not occupy more than fifty percent (50%) of a jointly developed building complex. (2) Direct arterial acce,s to individunl uses shall occur only when alternative access t.o local or collector streets or consolidated access with adjacent uses is not feasible. (3) Roof signs shnll be prohibiwd. Free-standing signs shall not exceed len fcot (10') in height and shan be located nt least twenty feet (20') from any property line, except for entrance ond exit signs. 3. Setbacks: a. Streets: All buildings and structures .han be located a minimum of sixty. reet (60') or twenty. percent (20%) or the lot depth, whichever is' less, from any public streel 01' highway property line. In any case, if the adjacent public street is n' major or seconuary arterial, the setback shall be at lenst thirty feet (30'). 4-31-1C b. Other Yards: All buildings and structures shall be located n minimum of' twenty feet (20') or fifteen percent (15%) of the lot width, whichever is less, from any property line which does not abut a .public street or highway. c. Adjacent to Large Structures: 'I1w required yard setbacks adjacent tc any build- ing or structure with a building footprint greater than twenty five thousand (25,000) square feet shan be increased one foot (1') for each odditional two thousand (2,000) square feet of building footprint, up to a maximum of one hundred reet 000') abutting public streels, and sixty reet (60') in other yards. d. Adjacent to Residential Lots: Whenever 8 proposed use in the O~P Zone shares n common property line with a lot that is designated nny residential use on both tho City of Renton comprehensive plan and zoning mnp, the minimum setback contiguous to the common property line shall be fifty feet (50'). Whenever nn adjacent lot contains n residential use nnd either the comprehensive plan or loning designation or both is something other than residential, then the appropriate s~tback and landscaping adjacent tc the. residential lot shall be determined by site plan approval. A site plan decision to require more than the minimum setback and landscaping shaH consider the long term viability or the residential use, the presence of other residential uses in the surrounding area, and such other indications or stability as owner-occupancy and housing condition. e. Use of Setback Areas: All required setback areas shall be unoccupied and unobstnlct..cd except ror ofT-street parking and londin!!, drivewuys, entrance roads, lawn sprinklers, walkways, landscaping, ordinary and necessary utility service racilities, utility poles, lighting fixtures, identifying and direction signs and underground installations nccessory to nny permi tted use. r. Flexible Setbacks: With site plan approval "nd subject to applicable building nnd fire codes, onc or the side setbacks (nol adjncent to n public slTeel or residential use, as defined in' Section 4-31-16C3d may be reduced or eliminaLcd ir the total width of both side ~elbucks is at least twice the width of the minimum selback specirled in Section 4-31-16 C3t) 4-31-16C3b above; and the rear setback not adjacent to 8 public street may be reduced or eliminated if the front setback is increased accordingly. The site plan decision shall be based on a finding that, with reduced set· backs, the architectural design, building orien- tation, circulation, noiso and glsre of the proposed project will be compatible with adja- cent uses and with the purpose nnd intent of . the O-P Zone. 4. Height: Building heights in the O-P Zone shall be established with consideration to adjacent land uses and shall be determined as follows: a. Adjacent to Single FarnilyfLow Density Multi-Family Uses: No height limit shal1 be required provided that for each one foot (1') of building height there shal1 be provided one foot (1') of yard setback on the periphery of the site where the office park use is adjacent to a single family or low density multiple family use located on a lot designated aingle family or low density multi-family on the City of Renton comprehensive plan and zoning map. b. Adjacent to All Other Uses: No height limit shall be required provided thot all re- quired yard setbacks adjacent to such other uses shall be increased one foot 0') fol' onch additional one foot 0') of height above forty five feet (45'). c, These setback/height requirements cannot be modified by epplication under the PUD process. 5. Landscaping: n. There shall be 8 minimum landscaped setback of twenty feet (20') from all public street or highway rights of way. b. There shal1 be a minimum landscaped setback of ten feet (10') or one· half (l/2) the required setb~ck, whichever is less, from all other property lines. c. A minimum of twenty percent (20%) of the site shall be retnined in landscaped open space. A maximum of one~hAlf (112) of this requirement Inay be on the roofs of structures, provided employees and the public have access to the area. A maximum of seventy five percent (75%) of this requirement may be within the required perimeter 4-31·16 landscaping. The twenty percent (20%) minimum landscaping requirement may not be reduced if a site is developed as a PUD. d. All areas not covered by buildings, structures or paved surfaces shall be Jand- scaped. Areas set aside for future develop. ment on a lot may be hydroseeded. (>. Where pnrking lots nre ad}nccnt to one another, perimeter landscaping shall not be required. f. Any wall suIface greater than thirty feet (30') in width lacking windows or doors shall be softened by landscaping or archi· tectural features, such as change of t8xturc or wall modulation. Such landscaping shall include trees over six feet (6') in height placed no more than thirty feet (30') on center or in clusters. g. With site plan approval, the perimeter londscnping setbacks required by Section 4-31- 16C5a and b above may be reduced in width up to fifty pel'cent (50%) if the equivalent square footage of landscaping is provided elsewhere within the site. Site plan approval shall be based on a finding that the alternative landscaping arrangement provides buffering and site amenities equal to or better than that which would be achieved by strict npplicntion of the Code. The relocated land- scaping shall nol be located within the renr setback of the site. 6. Refuse: No refuse, trash, rubbish or other waste material shall be dumped, placed or allowed to remain outside n permanent build- ing, except in nonl1arnmable, covered contain- ers Or dumpsters, which shall be screened by fences or landscaping. No refuse shall be stacked higher than the screening fence or landscaping. 7. Parking/Circulation: Parking and circulation slnndnnls required shall be as rollows: n, Access: The principal access shall be from Oil arterial or collecLor street nnd s)wll be oriented to the least traveled street when- ever two (2) or morc such arterials or collec- tors obul the sileo b. Parking/Circulation: Parking 311d circulation areas along n common lot line with a residential use located on a lot designated as a residential use on both the City or 4-31-16 C7b) Renton comprehensive plan. and zoning mnp • hall be allowed only if R ten foot (10') wide sig~t-obscuring lnndscaping SlTip nnd n six foot (6') high solid fence are provided nlong the com mon boundary line. c. Parking and Loading: (1) See Chapter 14, Title IV of the City Code. (2) All loading docks nnd roll-up doors shall be located at the rear of buildings or screened so that they are not visible from any point along the nbutting public right of way. (3) At no time shall any part of a vehicle be allowed to exumd into a public right of WR)' while the vehicle is being loaded or unloaded. Ali loading and unloading mnneuvers shall be conducted on private property. 8. Environmental Performance Standards: The following minimum standnrds shall be met by nil activities within the o-p Zone. For nil activities which may produce objectionnble 01' otherwise prohibited conditions, the property owner or lessee shalL furnish design specif-\ca- tions or other scientific evidence of compliance with the.e standnrds. a. Noise: See Title V1I1, Chapter 7, Noise Level Regulations. b. Smoke: (1) Visible grey smoke shall not be emit· ted from any source in 0 greater density of grey than thnt described as No. 1 on Ringelmann Chart. (2) The provisions applicable to visible grey smoke shall also apply to visible smoke of a difTerent color but with nn equivalent apparent opacity. c. Dust, Dirt, Fly Ash or Airborne Solids: No observable dust, dirt, fly fish or airberne solids shall be emitted. d. Odorous Gases and Matter: No odorous gases or metter in n quantity sur- ficient to evoke 8 response from the overage person' beyond the exterior property lines shall be emitted. e. Toxic Gases nnd Motter: No emissions 4·31-17 of toxic gases or matter shall be permitted . f. Vibration: No vibrntion shall be pennittel to exceed 0.003 of one inch dis- placement or 0.03 (g) peak accelera tion, whichever is greater, as measured at any point outside the property lines of the lot or site. This shall apply in the frequency range of zero to five thousand (0 . 5,000) cycles per second, Shock absorbers or similar mounting shall be allowed to permit compliance with this specific~tion. g. Glare and Heat: (1) No glare and heat from any source shall be permitted to be unreasonably objectionable beyond the exterior pro- perty lines of a lot or Bite. (2) All exterior or wall mounted lighting fixtures shall be directed away u'om public streets or rights of way. Ex!€rior lighting fixtures shall be equipped with hoods or reflectors such that direct light rays extend no more than ten feet (10') beyond the nearest property line. 9. Signs: See Chapter 20, Title IV of the City Code. (Ord. 3937, 9·16·85) 4·31·17: AIRPORT ZONlNG: A. B. Zones: I n order to regulate the use of property in the vicinity of the nirport, all of the land within two (2) miles south and one mile east and west of, or that part of the area thnt is within the City limits of Renton, W nshington, whichever is nearest the boundaries of the airport, is hereby divided into airport approach, transition and turning zones. The boundaries thereof are shown on the Renton Airport Approach Plan numbered No. I, dated March I, 1956, which plnn is made a part hereof. Height Limits: Except as otherwise provided in this Code, no structure or tree shall be erected, altered, allowed to grow or be moin- tained in any airport approach zone or airport turning zone to a height in excess or the height limit herein established ror such zone. For the purposes of this regulation, the following height limits are hereby established for each of the zones in question: (Ord. 1542, 4·17·56) C: H. PARRISH APPRAISAL SERVICES INC CLIFFORD H. PARRISH F.R.I.,R.I.(B.C.) City of Renton Parks & Recreation 200 Mill Avenue South Renton, WA 98055 Att: Leslie Betlach Dear Si.rs: Harold's Square, 153 Madrone Lane N. Winslow, Bainbridge Island Washington 98110 Tel (206) 842-9055 Fax (206)842-7489 8 June,1992 In accordance with your instructions, 1 have prepared an appraisal of the above referenced property whose tax Account Number is 132304.9089 and is located in the city of Renton in King County,Washington .. This report is an addendum to the appraisal of Lot 3 and should be rebd in conjunctl.on wi.th that report. The definiti.ons and Assumptions and Limiting Conditions contained in the Appraisal of Lot 3 also apply to Lot 4 and in particular M;sumption 25 which assumes that there are no wetlands on the property and that a building permit is readily attainable through the normal application process. In the final analysis, the subject property has an estimated Market Value as of June 1, 1992 in the sum of: ONE MILLION THREE HUNDRIW AND SEVEN'I'Y KI.GfI'l' ','HOUSAND DOLLARS ( $1,310,Ooo.bo ) The following pages contain variations that pertain to Lot 4 and also support the conclusion reached. Respect~l subrni :ted , . ..... _t. -' C.H.Parrish Appraisal Services Inc. Clifford H.Parrish F.R.I.,R.I.(B.C.) SITE DATA. The subject site comprises a single legal parcel located on the west side of Naches Avenue SW and is part of the Black River Business Park. There is frontage to Naches Avenue although the maps reviewed do not indicate whether the road offers frontage to the total east boundary. The site offers 254,036 s.f.( 5.83 acres) and although the boundaries are irregular the site in reality is almost square offering a very viable shape for development. The west boundary abuts the City of Renton storm water retention pond. The property has a maximum depth of approx 595 feet. This is the south boundary which runs east west. The land is essentially flat and is covered with heavy secondary growth that is considered to have no commercial value. The soil and services are the same as Lot 3 except that the services are more or less level with the south east corner of the site. A site plan is attached on the following page. HIGHEST AND BEST USE. The definitions etc as set out in the body of the main report apply to this site and it is concluded that the highest and best use of this site is also a development to a maximum as permitted by the current zoning. METHOD OF APPRAISAL. As this site parallels Lot 3 the methodology used and the comparables are the same. The market comparison approach will be used as per the main report. VALUATION. The comparables used in the main report are equally applicable to Lot 4 as they are to Lot 3. However the services and the road are already in front of the subject property and the deduction taken in the -main report as pertaining to Lot 3 do not apply to this property. It is therefore concluded that the $5.50 p.s.f. value estimated as being the current market value should apply to this property. this shows the following calculation; 254,036 s.f. x $5.50 p.s.f = $1,377,398.00 Rounded to $1,378,000.00 I- I " . ( or (N 1 RY . t'-J09:-H.,Q} 4 \ 2b2,1E:.:' SO. Fl. OR 6.0.2. I..CRfS lIl~ 11' 56' 46· R.ll02.46 L .807.11 ~At(L,t:..L 1-B '" • 53' 5 7-00· R. 1 1 65.09 L· 1097.05 ~---,5 37'35'03"E 30870 Lor ;;; \----217 ,800 =-1", -----{ OR !. .0000 ........::A[!iO ,--,--------~~----~ SlO"""'" D~ ..... • ..... AG( ",\,~" R · '··Y -' L,' ::o! [, , E.~" 2' R ,"~" L .~:. ': -' . , , ; . .:, . C~ H. PARRISH APPRAISAL SERVICES INC • 'CLlFFORD H. PARRISH F.R.I.,R.I.(B.C.) city of Renton Parks & Recreation 200 Mill Avenue South Renton, WII 9B055 IItt: Leslie Betlach Harold's Square, 153 Madrone Lane N. Winslow, Bainbridge Island Washington 98110 Tel (206) 842·9055 Fax (206)842·7489 HE: .. N.9 . .t:.tJ),.,liftl.f of Lot 6, Blnck Hi vet', Hell tOil, WII,. Dear Sirs: In accordance with your illRtnlctiollR, .1 IH'lVe prepared all appraisal of the above referellce(l p,'operty wlloRe tax IIccount Number is U230'l.90J2 ( This relAteR tn ,,1.1 or I,ot (, ) "nd iR .Located in the C tty of Renton in K i.nq county, Wash Lnqtoll. 'I'll i l' ,'''port is all addendum to the appraisal of 'Lot 3 and should he reAd ill cOll'junction with that report. The definitions and IIssumptions amI I.,imi tinq conditions contained in the IIppraisal of L,ot 3 Also AppJy to N 1/2 IJot 6 and in particular Assumption ?5 whicll assumes thAt tllere are no w.etlands on the property and that R lluildinq permit is rRndi Iy nttAi.nable through the normal. applicat iOIl p,:ocess. In the final analysis, the subject property has an estimated Market Value as of June I, 199~ in the sum of: THREE HUNDRF.IJ liND F'1 P"l'Y FIVE 'l'IIOl/SIIND OOLLlIRS ( $)55,000.00 ) The following pages contain variations that pertain to Lot 6 and also support the conclusion reached. Respec~tuH SUbm~tted, ~t. -C.H.Parrish Appraisal Services Inc. Clifford H.Parrish F.R.I.,R.I.(B.C.) • • ; SITE DATA. Lot 6 comprises a single legal lot, but the north half of this site to which this report relates to, is at present not a separate entity. The description following relates to the total parcel and the division of land is NOT part of this report. all costs incurred in the division of the site are to be already expended. Lot 6 is located to the north-west of Lot 3 and has a common property boundary. Like Lot 3 the north boundary abuts the railroad tracks and is arced. the south boundary is also arced and almost parallels the tracks. The west boundary is straight and runs almost north south, whereas the east boundary ( common with Lot 3 ) runs north-east to south west. The site area of Lot 6 is given as 262,183 s.f. and therefore the area that is being appraised offers 131,091.5 s.f. The site is essentially level although the land rises very slightly towards the tracks and is covered with mainly scrub bush and a few secondary growth trees. Services. There are no services currently abutting the site. The nearest water and sewer mains are to be found approximately 1,000 ft to the south on Naches Avenue SW. To develop the site it would be necessary to extend these services and the road to the subject site. The soil conditions are the same as Lot J. A site plan is attached on the following page. HIGHEST AND BEST USE. The definitions etc as set out in the body of the main report apply to this site and it is concluded that the highest and best use of this site is also a development to a maximum as permitted by the current zoning. METHOD OF APPRAISAL. As this site parallels Lot 3 the methodology used and the comparables are the same. The market comparison approach will be used as per the main report. • ," I • The comparables used in the main r~port are equal I.y applicable to Lot 6 as they are to Lot J. Ilowever thp. sprvices and the road nepd to be extended to the subject property and the deduction taken in the main report as pertai.ning to l,ot 3 do not appl.y to this property. It is difficult to perceive that this lot wouJd IlP. developed before L,ot J and the expense to extend t.he r011<1 to 1..01: J would be already incurred by the developer of L~t I. It would bp. unreasonable to deduct the full length of the road I~equi.red wilp.1l they have alreAdy been deducted in the appraisa J. of Vlt J Wll i c:h is under the same ownership. It is however reasonab.Lp. to aSSIJme that to extend tile road all addit.ional 500 feet wil.l be necp.ssAry and to IJe consistentt.he same costs as set out .i.n t.he body of Ule main ,·epn,·t wnlllrl equall.y appJy to this property. '.l'het~efore these costs An;) estimClted t.o be 50() feet at a cost of $3?-5.00 per font or $1('?,c,()O.1l0. In addition the questiotl of <Jiscounting the llldicated value needs to be considered. This site i.s unl ikei.y to be developed prior to either Lot 3 or Lot 4 and simi.l.arly Any ,leveloper is unlikely to want to incur development p.*pensp. to deval.op th.is site when I~ts 3 & 4 can be more readl.ly devel.oped. It l.i not unreasonAble to assunle that if Lot 3 and/or ~ are developed tllis si~p. will. not be buiJt upon until the buildings e.ceated on I.,ots 3 and 4 an~ occupied. I.n the current market it would be unreasonabJ.e to assume that the market could absorb three buildings. As this is n projection i.nto the future there is no way to predict whAt the markp.t absorbtion wi I I be but it i.s reasonable to assume t.ha1: a 1'J"11(1p.111: purchnset: wi l I. rli.scolJnt the present vaiue. It is considered that .i.1: tnkes at Jeast: two years to obtain permits and to bui.ld an offi.ce l)uj.J.di.ng and as the road win pass two lots a deferment of four years would appear reasonable. 'I'he value of the sub·ject can be set out as fo.l..I.ows: 131,091.5 s.f X $5.50 p.s.f $nJ ,00].25 Less roads and services $162,500.0D $5!,B, 50].25 Discount @ 12% ( factor O.fi355 ) x Indicate .. i va.l.up. HOlltl(led to $355,OOD.OO • The question of what discount rate is open to debate and 12% is well above current interest rates. However the four years used as a deferment period is considered to be a minimum and the factor used is almost the same as taking 9.5% over a five year term. It is therefore considered to use the minimum period and the lower rate would not be consistent with the market's thinking. .' ,!. ~ 1 j·~S· :~~., t~·"-281.!.S3 l. .659 . ..::;:- LOT 7 ,- " ,. OF t::NTHY 1 b309'j,,'U741 \ .• ! l'f (-+-r-+-l-- '" ~ ~. 202, Ie) so. OR 6.02. t..CRES {).I, 11.56' 46· R: 1102.46 L : 807,11 ~AHCI 1 - B ().: 53·57'00· R: 1165.09 L: 1097.05 CLIFFORD H.PARRISH EXPERIENCE AND QUALIFICATIONS Educated at King Edward VI Grammar School, Five Ways, Birmingham England. 1961 -1965 Entered Real Estate as an articled pupil upon leaving. school to Maurice S Allsop, Principal of Maurice Allsop & Company, a full service real estate company with offices in West Bromwich and Stourbridge, England. Initial duties entailed Property Management including rent collection and Accounting. Application of the Landlord and Tenant Act as it applied at that time was also part of my duties. Upon completion of Articles, work included real estate sales and appraisal primarily for Building societies. secondary duties included Land survey's, Structural survey's, Sales by auction and assisting in Property management. 1965 -1967 Real Estate sales and appraiser with Widdowson & Co, Kingswinford,England 1967 -1971 Emigrated to Canada. Appraiser with Bell-Irving Realty, Vancouver,B.C. Canada Full time appraiser preparing appraisals for lending institutions and private individuals. Most of this work was single family housing. 1971 -1987 principal of C.H.Parrish and Associates, Vancouver, B.C. A full service appraisal company preparing appraisals for all purposes including residential ,commercial ,industrial and investment. Clients included Banks, Credit Unions, Lawyers,Government and private individuals. In 1985 C.H.Parrish & Associates merged with Penny & Keenleyside Appraisals who had an office in New westminster, B.C. and wanted an office in Vancouver. I continued as an appraiser and partner of this company. 1988 -present. Independent Contractor working with and for Olympic Appraisers, Lamb Hanson Lamb Appraisers Inc and Budget Appraisals. I am Incorporated in the State of Washington under the name of C.H.Parrish Appraisal Services, Inc. ' . " .. EDUCATION Completed four year appraisal course directed by the Faculty of Commerce and Business Administration at The University of British Columbia, Vancouver, British Columbia, Canada. Courses included Appraisal I & II, Law of Landlord & Tenant, Law of Contr?ct & Tort, Real Estate Accounting, Building Construction and Economics -9/71.1 Accepted as member of Real estate institute Of British Columbia, certificate number 979 -dated 12th July 1971. continual membership in this professional organization that provides ongoing education and has an established Code of Ethics and course requirements. Permitted to use the distinguishing letters -R.I. (B.C) Accepted into membership of The Real Estate Institute of Canada having·successfully completed a recognized university level advanced course in real estate. Continual membership in this professional organization that provides ongoing education and has an established Code of Ethics and course requirements. Dated 11th July 1972. Permitted to use the distinguishing letters -F.R.I. Current member in the International Right of Way association. Appointed to the Panel of Arbitrators of the American Arbitration Association. Past Memberships Federation Internationale Des Professions Immobilieres; Paris France. certified Residential Appraiser #1917 with Appraisal Institute of Canada Rotary Club of West Vancouver 1970 -1984. President 1981 ., Proposed Acquisition City of Renton BLACK RIVER RIPARIAN FOREST , Parcel Numbers Acreage Type of Acqulslton LB/dlf 93·167df(c) 3 5.37 4 5.83 North 1/2 (6) 3.01 Total Acreage 14.21 FeeSimple Fee Simple Fee Simple > CITY OF RENTON, WASHINGTON RESOLUTION NO, 2944 A RESOLUTION OF THE CITY OF RENTON·, WASHINGTON, ADOPTING THE PARKS AND RECREATION OPEN SPACE COMPREHENSIVE PLAN AND TRAILS MASTER PLAN AND DECLARING THE SAME TO BE A CITY POLICY UNDER THE STATE ENVIRONMENTAL PROTECTION ACT (SEPA) , . WHEREAS, the City of Renton has periodica'lly reviewed its needs for open space and trailsi and WHEREAS, in furtherance of that effort the Parks Department has prepared a Comprehensive Plan for Open Space and Trailsi and. WHEREAS, that Open Space and Trails Comprehensive Plan has been reviewed by the City Cou·ncil and deemed to be in the best .interests of the publici and WHEREAS, that Comprehensive Plan establishes certain policies which assists the City in implementing the State Environmental .P.olicy Act, NOW, THEREFORE,· THE· CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS. FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects, SECTION II. The Parks and Recreation Open Space Comprehensive Plan and Trails Master Plan is hereby adopted by the tity Council as a plan of the City of Renton. SECTION III. The Parks and Recreation Open Space Comprehensive Plan and Trails Master Plan is further adopted as a city policy under the State Environmental Protection Act and shall be listed as such in the environmental ordinance, .' .. ~ i' .. :,' .. RESOLUTION NO. 2944, PASSED BY THE CITY COUNCIL this 11th day of January , 1993. City Clerk APPROVED BY THE MAYOR this llt of __ ~J~a~n~u~a~r+y _______ , 1993. = APif~~ Lawrence J. Warren, City Attorney RES.255:1/6/93. :':' ....... ~ ... CITY OF RENTON, WASHINGTON "RESOLUTION NO. 2961 A RESOLUTION OF THE CITY.' OF RENTON, WASHINGTON, AUTHORIZING APPLICATION' FOR FUNDING ASSISTANCE FOR AN ACQUISITION PROJECT AS PROVIDED BY THE KING COUNTY CONSERVATION FUTURES LEVY FUND ACQUISITION PROGRAM (BLACK RIVER RIPARIAN FOREST). WHEREAS, the City Council of the City of Renton, Washington, has approved a "Comprehensive Park, Recreation and Open' Space Plan" and "Trails Master Plan" for the urban area which identifies open space located in the southwestern part of the City; and WHEREAS, . the Black River Riparian Forest Open Space Project (Phase I) is listed as the number two (2) priority in the City's Comprehensive Park, Recreation and Open Space Plan"; and WHEREAS, under the provisions of the King County Conservation Futures Levy Fund, funding assistance has been authorized and made available to aid in financing the cost of open space land for public bodies; and WHEREAS', the City Council of the City of Renton considers it in the best public. interest to ~cquire property in the southwestern part of the Citi generally located along the. Black River Riparian Forest; NOW, THEREFORE', THE CITY COUNCIL OF THE' CITY OF RENTON, . WASHINGTON, DO RESOLVE AS ~OLLOWS: SECTION, L The above recitals are found to . be true and correct in all respects. SECTION II. The Mayor is authorized to make formal application to King County for funding assistance, .,J ,,',~~,'. '"','.','.",,. ' .. , .•...... , ... ,'._.:..: .... , ' ... , .... . . '," . '"" 6 ' •.. ..!-'''~~,'. ---. t,!.·~«:t~:,11·'!'·-··:';;.·.~::;Of'~' '~"<' . : .. , . .'''~I ,.'~, RESOLUTION NO. 2961 ----- SECTION· III. Any fund assistance so received will be used in the acquisition 'of acreag.e 10Gated in the southeastern part of the r .' City of Renton, Washington. SECTION IV. This resolution shall become part of a formal , application to King County. SECTION V. Adequate notification has· been given and opportunity provided for public input. PASSED BY THE CITY COUNCIL this ~hday·of April , 1993. dh~~_- Marily Clerk APPROVED BY THE MAYOR this 12th day of _:..:AE:.p=.r=.i:;:l ______ , 1993. \ C...: /'" to form: .~ S.275:4/6/93:as. :' .. ,. "~' .... . , " .. 2 .. -,,~ ... """, -~ --.. ' I , . CITY OF RENTON TRAILS MASTER PLAN - SEPTEMBER 1990 Community Services Sam Chastain, Administrator Feasibility: Feasibility is dependent upon cooperation with the Seattle Water Department It seems very likely however, since trail use is compatible with waterline operations. Furthermore, trail developments would require very little changes or improvements to the existing waterline right-of- way. Trail development would also require cooperatlon from the Washington State Department ofTransponatlon (WSD01), where the trail must cross SR 167. The very steep sections of the trail that will require stairs to negotiate may bave to be phased over time because of the expense involved. SPRINGBROOK VALLEY TRAIL Recommended Route: This trail follows the courre of the Springbrook Creek from the city limits at S.W. 43rd St nOM to the Black River Riparian Forest City Wide MasterTrails Plan Opportunities/Amenities: This mixed-use trail alongasepa- rated right-of-way will provide a major north-south passage through Renton's Green River Valley. This area is in the process of beCOming a thriving Office, scientific research, and industrial parI< complex. The Springbrook Creek Trail is a wetland trail, whicb is rich In birdlife and distinctive vegetatlolL The tlat high banks lend themselves well to trail development The trail wi11lXlnnect with the P-1 Channel Trail, the Cas- cade Trail (whicb is the major east-west trail across the southern half of the "ity), and the Black River Trail. Constraints: While the Green River Valley is still in a relatively low state of development, east west streets such as S.W. 16th, S.W. 34th, and S.W. 41st Streets, which cross the Springbrook, do nOl yet pose a major threat to safety. However, as the industrial and commercial development in the Valley increases (the same development that may help finance the construction of the Springbrook Trail), traffic will increase. Consequently, pedestrian crosswalks or traffic lights must be The atmrion of lilt Springbrook Creek rrail will pass through this rranquil and pictunsqut sming. City Wule Master Trails Plan 7'Iu northern section olthe "ail has a more mixed characrer which includes rhe Me"o "tarmenr lacilily and office parks. provided at these iIItersections to ensure pedestrian safety. FeaslbWty: Feasibility is high. A section of the uaiI already exists between S. W. 43rd and S. W. 34th StreeL Continuation of the Springbrook Trail can be accomplJshed through mlti· gation measures tied to developmenL INTERURBAN TRAIL This proposed mixed use uaiI lies w1thiD the Jurisdictions of Seattle, 'II1kwIJa, Kent, and AIIburn. It will follow the aban· doned COUISC of the Interurban ElectricRallroad, which ran duriDg the early pan of the twentieth centwy. 'Ibe trall will mend nonh-south along the east side of the Green RIver. The trallhead will be located around Fan Dent Park and will conliDue south through Auburn. In addition to Its historic slgnlllcanoe, this trall has regional Imponance as additional sections exist or have been alated for construction In Snohomish, King. and Wbatcom Coun- ties. As segments of the trail are locally constructed, the Interurban will iIIcrease In regional signlllcanoe. Development of the Springbrook, cascade Waterline, and Black River Trans will provide aocess between Renton, and Tukwi1a, especially for non-motorized travelers. Addition- ally, the City of Tukwila is planning to Improve the S. l80th Street bridge over the Green River for pedestrians and cyclJsts. This project bas been iIIcluded ill the 1989 King County Open Space Bond Issue as a joint project between Tukwila, Kent, Renton, Auburn, and King County -with the County acting as the lead agenL BLACK RIVER TRAIL .. lUcommended Route: The uaiI originates from the CBD following S. 4th SL westbound to Smithers Ave. S~ then jogs over to S. 4th PI. where It continues westbound for another block to Rainier Ave., across from the Renton Center. The Black River corridor continues behind the shoppillg center, e:nendlDg through the Black River Riparian Forest to Mon- ster Road. OpportunltleS/Amenltles: This wetland area is comprised of a unique vegetative complex of emergent, shrub, and old growth hardwood species. Wonh noting is a stand of old growth Oregon Asb and cottonwood. The Riparian Forest, rich ill birdlife, is 8ssoclated with a combilled storm water detention and wildlife pond, which is known as the forebay pond. There is an Island w1thiD this pond which supports a productive heron rookery. Therook- ery; portions of the forest, and selected wetland pockets are presently preserved as sensitive habitaL This area holds great educational value, especiallysillce it Is located so close to growing residential and employment cen- tei's. Although commercial development threatens to encroach upon this area, If it carried out carefully and sensitively, some limited development could provide a vehicle for uaiI development as well. Constraints: The site has been considered for office park development for many years. Portions have already been developed; others are still under oonsldcratlon. FeaslbWty: Although this area Is alreadY planned for office park development, combilled eoonomlc and environmental factors may prevent this from oocurring and oonsequently, the Black RIver forest may be preserved as public open space. The present 600-foot protective buffer zone surroundiDg the rookery precludes trail development w1thiD this area. Final determination on these limits Is still pcndiDg. 10 increase retention capacity. ·It may be possible at that time 10 construct major sections of Ibe trail. SPRINGBROOK WETLANDS TRAIL Recommeoded Route: This trail will extend from Ibesoulb· ern terminus oflbe Panlber Creek Wetland soulbeast to Ibe City of Renton Springbrook Watersbed. Oppor1uoltieslAmenltles: Combined wllb Ibe Panlber Creek Wetlands Trail, Ibe Springbrook Wetlands Trail would cre- atea continuous nonb·soulb trail from 1-40S to Ibesoulbern ci ty Iimi ts. . The proposed trail passes through valuable wetland habitat. Coostralnts: Completion oClbe trail will require acquisition and/or trail easements from propeny owners. There will also be increased expenses in constructing a trail through sensitive wetland babitat aDd maintaining tbe trail in sucb a wet area. Extra efforts will bave to be made to protect wildlife and vegetation, as well as protectiog Ibe trail from Ibe deteriorating effects of saturated soDs. Feasibility: Acquiring trail easements from Ibe Springbrook Watersbed to Ibewetlands will Dot be easy. norwlll propeny acquisition. P·I CHANNEL TRAIL Recommended Route: The traU will Collow Ibe course oflbe proposed P·I Drainage Channel from Ibe intersection wllb Ibe Springbrook Trail at S.W. 43rd to Ibe intersection oClbe Cascade and Springbrook Trails. Opportunities/Amenities: The P·I Channel Trail will con· nect to Ibe City owned wetland located at Ibe present termi· nus of SW 271b Street. This wetland could be developed as a preserve/iDterpretive facility and could also serve as a trail· bead for Ibe P·I Channel Trail. The trail will follow Ibe watercourse through its entirety. Feasibility: It bas not yet been determined wbelber Ibe P·I Drainage Channel will be needed for Ibe city's storm water management. However, If it is needed the trail can be incorporated in Ibe initial design. city Wide Master Trails Pla'n 'I'M Emp;" Ridge as vizwed from IN: Black River Wetland. , Ponds lacated along this ridge are rich willi birdlife and provide necessary fofad and shelter for the resident wildlife. They also provide windering ground for hUons that inhabiJ IN: rookoy during the spring and summer months. EMPIRE RIDGE TRAIL Recommended Route: The trail will begin at Monster Rd. and proceed eastward through the steep greenbelt until it ,connects wllb the Black River Trail. Oppor1uoltles/Amenltles: The Empire Ridge Trail will meander through a densely wooded area wltb very steep slopes. Located on the ridge, the trail will offer panoramic views out to the Black River Riparian Forest, Ibe forebay pond, beron rookery, Fon Dent, and parts of the Green River Valley. ' Ricb birdlife is found in the ponds along the eastern half oC the greenbelt. These ponds are associated wllb Ibe Black River Forest riparian ecosystem. This trail system would serve Ibe extensive residential popu- lations DC Empire Estates, Sun Pointe, and future develop- ment. Wilb development of Ibe Black River Trail, the Empire Ridge Trail would provide an excellent trail loop experience. Constraints: The slopes are very steep, requiring extensive switchbacks. Developing tralls along steep terrain can result in chronic erosion and maintenance problems. ' Feasibility: Feasibility will be dependent upon the outcome oCnegotiations wllb propeny owners along Ibe ridge. How- ever, even if trail easements were dedicated, more in deplb environmental analysis would be necessary to determine bow Ibe steep saturated soDs could suppon a trail system. posed trail, creating a continuous linear park. Tonkin Park is located along tbe Burnett Corridor, adjacent to tbe railroad berm between Houser and Williams. Constrauits: Burnett Ave. between S. 7th and S. 5th is presently a parking lot for the CBD. Parking needs for downtown are one of tbe most imponant faClOT$ wbicb will be ronsidered as neweffons to revitalize the CBD get under- way. These cOncerns sbould be reOected in any new designs proposed for Burnett. FeasIbility: The development of a bike lane along Burnett would require tbe loss of a lane of downtown parking. Until parking issues are better resolved, sucb a loss would proba- bly not be supponed by downtown businesses and sboppeT$. Thougb, on a positive note, bicycle lanes rould encourage alternative modes of travel. Bu~rr is anchortd by rile Ctdar River TtaU 10 rile nonh and ' Burnerr Linear Park 101M south. This linear space offen an opporrunily to aund rile Burnerr Linear Park concepl jiurhn along rile corridor. EARUNGTON TRAIL Recommended Route: The Earlington Trail follows S. W. 7th St. from Burnett Avenue to Oakesdale Avenue. Opportunltles/Ameoltles: This'segment provides good ae-. cess to the industrial, research, and business parks develop- ing in this area. The Earlington Trail would also link the CBD with the Black River Forest. The traiJ will serve as a ronnector between the Burnett and Springbrook TraIls. Although S. W. 7th is in need of repaving, the right-of-way is Sufficient to acrommodate a bike lane. This route provides the ooly safe alternative to the auto dominated S.W. Grady Way. City Wule Master Trails Plan Although S. W. 7th St is ill netd ofrepavillg, rile right-of-way is sufficienilO accommodate a bike lane. Constraints: The road surface is in poor condition, requir- ing r,?paving and striping. The sewer grates need to be realigned to prevent bike tires from slipping between the grates which presently TUn parallel with the tire direction .. FeaSIbility: This is a very feasible bike route because there is still sufficient right-of-way along S. W. 7th to develop a bike lane. However, for ealnorrtic reasons the city oould not • afford to repave and stripe bike lanes alone without includ-, ing them as a part of a tota! road improvement. Without an LID to suppon such an elIon, this improvement rrtigbt take a long time to occur. SPRINGBROOK TRAIL Recommended Route: The Springbrook Trail follows the nonh-soutb rourse of Springbrook Creek from the pro- posed Black River Trail down to S.W.43rd St. in the Green River Valley. Opportunities/Amenities: This mixed-use traiJ, located along a separated right.6f-way, will provide a major nonh-south passage through Renton's Green River Valley. The Springbrook Trail will serve as a useful rommuter route because this area is in the process of beooming a thriving office, &cientlfic research, and industrial park. This wetland traiJ is rich in birdlife and distinctive vegeta- lion. lIS bigh Oat banks are suitable for locating a bicycle trail The trail will make ronnectiODS with the proposed P-I Channel Trail, cascade Trail, and Earlington Trail. .. . City Wide Master-Trails Pial! accommodate bike lanes. Although there is more auto traffic along SR-515, there is sufficient right-of-way along this shon section for both for automobiles and bicycles to utilize. P-I CHANNEL TRAIL Recommended Route: The route foUows the course of the proposed drainage channeltbrough the Green River VaUey from the intersection with the Springbrook Trail at S.W. 43rd SL to S. W. 27th SL, where the P-I joins the Springbrook Creek and Springbrook Trail. OpportunJties/Amenlties: This separated bike lane would provide a direct nonh-south trail along the western city limits. It could be a companion trail to the Springbrook. througb tbe western vaUey, with connections to the Springbrook, S. W. 27th and interurban Trails. The water COUf.e would be a pleasaDltrail amenity. Constraints: TheP-1 ChannelmaynOl bebuilL There are no present constraints, but as developments proceed, new con- straints may appear. FeasIbility: The feasibility of developing the P-I Channel Trail is questionable. The drainage channel has not been built because the City needs to determine whether the P-I OIannel will be needed for storm water managemenL HOWCYer, if the channel is buill, the trail could be Incorporated Into initial design. FAIRWOOD TRAIL The Fairwood trail foUows I40th Ave. S.E. from Maple VtlUey Highw.!)' southbound, providing access between Renton and the residential neighborhoods of North Soos Creek. It bas"been included in this master plan because of the potential aiinexation of North Soos Creek and the large population cen ter it serves. There are wide stiped shoulders along l40th Ave. S.E. that could easily accommodate bike lanes. It provides Ibe only access between Soos Creek and Maple VaUey Highway (SR 167), east of the Civic Center. Passage is limited by the steep slopes of the Maple VaDey (Cedar River VaDey). Conse- quently, the Fairwood Trail is an imponant link In the development of a regional trails system. EMPIRE TRAIL Recommended Route: From the Rainier Bypass at Hardie Ave. the trail proceeds west on Empire Way (SR-900). It continues westbound toward Seattle. Oppor1uDllleslAmeolties: This route serves the rapidly growing residential area neighborhoods of Empire Estates, Sun- pointe, and future developments. There is no safe way to get from Ibese residential areas to downtown Renton or to points west using non-motorized transponation. The Empire Trail foUows the most direct east-west corridor. It passes through a dense green belL There are dramatic views of Ibe Green River VaUey to South Seattle. ConstraInts: Empire Way (SR-900) is presently very dangerous for cyclists. The inconsistent shoulder is un- paved along many sections. It turns into drainage channel along sections of Ibe northbound lane and bas been utilized by curbs, guners and sidewalks sections of the southbound right-of-way. Empire Way passes through a dense greenbelL It. - The inconsistent shoulder is unpaved along many sections rhot pass through densely popuUJ/ed residentioi areas. j . I· ..• . '. '<l JK/ I . • ~[: ~ rl ---- /) -'--:::.:.. .... ~ -.. _. ----._---- rn MAJOR PEDESTRIAN TRAILS 0·0 0 MINOR PEDESTRIAN TRAILS 0 0 0 MIXED USE TRAilS MAJOR BICYCLE TRAILS [g B G MINOR BICYCLE TRAILS [J G G OEJO~ s.. ~ Renton Loc:..w Map , it.. \LJ~~~ POTENTIAL TRAILHEAD @ UPHilL GRADE »» > PARKS/GREENBELTS t%?¥il CENTRAL RENTON LOCATER MAP Highlands ~ Heather Downs. Iiflll!!lI R~M!Bi!rJlIl!l IIIIllIllIiSiriil ~ NORTH~ ~ ~ -~~ o .2Sml ·.sOml .7Sml 1.00ml RENTON, WASHINGTON COMPREHENSIVE PARK, RECREATION AND OPEN SPACE MASTER PLAN A LONG RANGE PLAN FOR PARKS AND LEISURE SERVICES June I, 1992 City ofRenron Park, Recreation and Open Space Master Plan Recreadon Demllll d Based on the random sample method utilized, community-wide results were statistically accurate within an expected maximum error range of approximately 5% (plus or minus) at a 95% confidence level. In other words, if the sampfe was randomly selected 100 times, 95 times out of 100 the obtained results would vary no more than 5% (Plus or minus) from the results if everyone in the Planning Area were surveyed. In cases where information was analyzed by the four geographical areas of the City, the confidence level was lower due to the smaller sample size. Some of the results are compared to the NORTHWEST AVERAGE. This information is derived from past recreaUon surveys conducted by JC Draggoo & Associates (JCD). The NORTHWEST AVERAGE is a weighted average based on population size for the last 15 communities surveyed. A summary of the results for the Renton survey is shown below. PlanniIlg Arel!Population ............ . ..< ·.·54~ 700 .....••.. ·•.• •• ·~§.~?~1~~~16s~~~~yed. ·.··•· ..•.•. ·.;.;<280 .•.••••....• Nd;oJ~~ti6ilhiii;~~bisJib{ii6d( •·• •.•• ·ii.·.· ......... ··/· .. ··.·····.···i([f1~~ ;'! •· •. LN~:6ilg~ti6riiiliig~·.Rgt~fri~d···.··.·· •• ····•······· .••.•.•..••••• · ••••••••••••••.• ii(ii ........ · ..... · .. · .................... ~~~ ............... . iii~it~W~titi«········ ... ·\.t( •.. ·•··••·•••· •• ••• ••• ·· ••.• ·•·•• •• iiib~~· General Overview It was pleasing to see the high rate of response to the survey. In fact, the 74% return ratio was the highest return ratio of any survey completed by JCD. In general, the response rate was very good, and the questionnaires were filled out correctly and complete. From the general tone of the responses, it appears that the public is very satisfied with current services in the City. No major issues surfaced, which sometimes occurs when this type of survey is conducted. Starting on the next l?age, the responses to the individual questions on the survey are analyzed. The questIOns are divided as follows: Opinion/User Characteristics -All age groups Opinion/User Characteristics -Age 18 and over Recreation Participation Levels Preferred Recreation Activities V -7 City orRenton Parle. Recreation and Qplm Space Master Plan Recreation Demand It is encouraging to see that so few (2.0%) cited a concern of personal safety while using the parks. This issue has become a major pro.blem in some communities. It is also encouraging to see that only a small percentage (1.3%) of the respondents do not use the parks because of poor maintenance. It speaks well of the mamtenance program. Under the comments, additional responses given were: 22 13 Too busy/not enough time New to area This was an open-ended question in which the respondents were asked to give answers in their own words. The number and type of responses are as follows: 72 45 36 28 24 23 19 18 18 17 15 13 10 9 9 8 7 7 7 6 6 6 5 Walking/Hiking Trails Indoor Pool/Swim Facility Athletic Fields Swim Facility Children's Play Equipment Bike Trails . Waterfront Parks/Beaches Youth/Children's Activities Lighted Tennis Courts Additional Neighborhood Parks Teenage Facility Basketball Courts Roller-skating Rink Gym Facility Fishing Areas/Piers Racquetball Courts PiCnIC Area Volleyball Courts Ice Skating Rink Open Space Bowling Lanes Golf Driving Range Shooting Range Interest in walking and hiking trails is by far the number one interest with an indoor swimming pool a far second. However, 36 responses stated a swim facility but did not indicate either indoor or outdoor. If this number was added to the indoor pool classification, it would be at the same level as trails. V -10 Cjty of Renton Parle. Recreation alld Open Spqce Master Plan Under the "other" category, the following responses were received: 19 5 3 No, 1 st Choices 92 72 69 64 54 50 18 12 5 Too Busy/ No Time Too Expensive New to Area Facility Riverfront or waterfront parks Develop trail system Indoor swimming pool . Children's special playground or theme park Softball/baseball complex Teen center Indoor tennis center Other Lighted all-weather soccer field The results by weighting all the answers follows: Score 2512 2389 2266 2019 1950 1675 1239 1022 315 Facility Riverfront or waterfront parks Develop trail system Indoor swimming pool Children's special playground or theme park Teen center Softball/baseball complex Indoor tennis center Other Lighted all-weather soccer field RWl1qrion Demand The top four facilities ranked in the same order regardless of the method of analysis. Trails and an indoor pool ranked very high as was the case in question No.5. From the nine facilities listed, riverfront or waterfront parks rated No.1 but the lighted all- weather soccer field did not rate nearly as well. v -14 City orRenlon Park. Recreqrion and Open Space MoSIer Plan Under the "other" category, responses given were: 5 4 3 2 2 2 2 68.0% 19.7% 6.7% 5.7% Senior/disabled facilities Golf range Skateboard park Bike lanes Frisbee golf course Boat launch Indoor lighted basketball Wildlife habitats Wetland areas Unique vegetation areas Other Under the "other" category, responses given were: 9 3 2 2 All Riverfront/Lakefront areas Trails Scenic areas Recreqriqn Demand J.f}l~ri~o~~f~,~'.tR,:~~~~~~~~;·.~.;.l.· ... : .•. : ... ·.· ... ·.: .. n ..... ·.;,~ .•.... , ... ·.g~~~~~:~~~.~~~.'fft~j:i~·~?~IW·~f;~~!~··~~i.\ , .,,:', .' -:;::,;-~:.:.:!:' ... 62.0% 16.8% 13.1% 8.1% New indoor swimming pool None needed Swimming beach New outdoor swimming pool The high response to an indoor swimming pool seems to corroborate the results of questions No.5 and No. 12. V -IS City of Rrnton Parle. Recreation and Qpen S,pace Mqster Plan Recreqtion Demqnd 1--; ! X'Yo;! Tabla 22 Recreation Participation Rates for a 3O-day Period ~~~ Renton, Washington • Top 52 Activities-~~ 'c0. "--7 ~er !:;~Illta Q!;!;j!~IQOs Il~r ;}Q D~~!! --- Activity City of NW City of Raoking Activity Renton Average Puyallull 1 Watching TV {VIdeo 10.7 9.5 4.7 2 Reading for Pleasure 6.5 6.7 4.9 3 Walking for Pleasure 5.8 5.0 4.7 4. Gardening 4.5 4.5 5. exercise/Aerobics 3.2 2.7 2.5 Nature Walks 3.2 2.5 I.B 7. Driving for Pleasure 3.1 3.4 3.3 8. Swimming (Outdoors) 3.0 3.3 2.4 9. Bicycling for Pleasure 2.9 2.0 1.9 I Picnicking 2.9 2.9 2.8 11. Fishing (Freshwater) 2.7 2.4 2.4 12. Camping 2.6 2.8 2.8 13. Attending Sports Events 2.2 4.0 Boating (Power) 2.2 1.7 1.0 Tours/Travel 2.2 16. Baseball 2.1 1.9 2.1 Swimming (Indoors) 2.1 2.9 2.0 18. Softball 2.0 2.1 2.5 19. Jogging/Running 1.8 2.5 1.8 20. Basketball . 1.7 2.0 1.9 Bowling 1.7 1.5 1.8 Fishing (Saltwater) 1.7 I.B 1.6 Welghtilftlng 1.7 1.6 1.2 24. Needlecraft/Sewlng 1.6 2.0 1.9 Playing Table Games 1.6 1.7 1.5 26. Golf (Play) 1.5 1.2 1.0 Hiking/Backpacking 1.5 1.7 1.3 Photography 1.5 1.9 1.4 29. Football 1.4 . 1.3 1.1 SkIIng (Downhill) 1.4 1.2 .9 31. Dancing 1.3 1.6 1.4 Playing Musical Instrument 1.3 2.4 2.0 Tennis 1.3 1.5 1.1 34. Attending Cultural Events 1.2 2.0 Volleyball 1.3 1.4 1.5 V ·19 City ofRenlOf! Parle. Recreqtion and Open Spqce Masler Plan Recreation Demand 1. 2. 3. 4. 5. 6. .. G. 9. 10. Table 24 Top Ten Recreation Activities Senior Population Group (Age 55 +) e!:r Q!!git!! O!i!iasigng Age All Age 55+ Grougg Walking for Pleasure 17.0 5.8 Watching TV /VIdeo 16.9 10.7 Reading for Pleasure 13.7 6.5 Gardening 11.5 4.5 Driving for Pleasure 6.7 3.1 Fishing (Freshwater) 5.5 2.7 Picnicking 5.4 2.9 NeedlecraH/Sewlng 5.1 1.6 Nature Walks 4.9 3.2 Exercise/Aerobics 4.0 3.2 Ranking All Ag!:s 3 1 2 4 7 11 9 24 5 5 Observations of Table 24: • The top three senior activities are the same but differ in order from the overall population. • The level of participation for the senior top ten activities is about 105% higher than for the population as a whole. • Eight of the top ten activities could be offered in a recreation program. Table 25 Participation rates for all Trail Related Activities All Age Groups City of Northwest ActivItY Rentgn Average Walking for Pleasure 5.8 5.0 Nature Walks 3.2 2.5 Bicycling for Pleasure 2.9 2.0 Jogging/Running 1.8 2.5 Hiking/Backpacking 1.5 1.7 Bicycling (Touring) 1.1 2.0 Dirt Blke/ATV Riding 1.0 1.2 Bicycling (Mountain Bike) .3 .8 Horseback Riding .8 .8 V ·22 City Ratio to NWAv. +16% +28% +45% ·38% ·13% ·81% ·20% ·166% Cjty or Renton Park, Recreation and Open Space Master Plan ReCreation Demand Observations of Table 25: • Trail related activities, as a group, are about average when compared to the NORTHWEST AVERAGE, , • Bicycle riding is considerably higher in Renton, • Walking for pleasure, jogging/running, and nature walks are above the NORTHWEST AVERAGE, It seems that walking related activities are very popular in Renton, • Mountain bicycling is considerably lower than the NORTHWEST AVERAGE. This is somewhat surprising considering the recent trends, Activity Baseball Softball Basketball Football Tennis (outdoor) Volleyball Soccer Gymnastics Table 26 Participation Rates for Competitive Sports All Age Groups City of Northwest Renton Average 2,1 1,9 2,0 2,1 1,7 2,0 1,4 1.3 1.3 1.5 1.3 1.4 .8 1.4 .4 .7 Ol!servlltiQns Qf TlIl!l!: 26: City Ratio to NWAv, +11% -5% -17% +8% -15% -8% -75% -75% • Overall, the participation in competitive sports is about 10% lower than the NORTHWEST AVERAGE. • • Participation in baseball is slightly higher than the NORTHWEST AVERAGE. Soccer participation is much lower than the NORTHWEST AVERAGE. V ·23 Cjty ofRrow Park. Recreation and Open Space Mqster Plan Recreation Demand Ranking 1. 2. 3. 4. 5. 8. 7. 8. 9. 10. 11. 12. 13. 14. 15. 18. 17. 18. 19. 20. Table 30 Top 20 Preferred Recreation Activities Activity Nature Walks Walking for Pleasure Swimming (Indoors) Exercise/Aerobics Camping Bicycling (Pleasure) Reading for Pleasure Boallng (Power) Fishing (Freshwater) Picnicking Swimming (OutdoorS) Gardening Golf (Play) Softball Watching TVfVldeo SkIIng (Downhill) Needlecraft/Sewlng Photography Toura/Travel Basketball Weighted Score 5S1 * 537 478 * 413 * 402 371 338 * 331 * 330 * 311 * 290 * 301 285 * 279 * 240 233 * 219 * 218 * 214 * 208 * Observations of Table 30: • • • • Nature walks is the No.1 desired activity. If nature walks were combined with the No.2 desired activity, walking for pleasure, it would be by far the most desired activity. ' Indoor swimming continues to show up in the survey as a very desired recreation activity. Softball; which is No. 14, is the first competitive sport to appear on the list. Basketball is at No. 20. In fact, softball and basketball are the only two competitive sports. Out of the top 20 preferred activities, 15 marked with an • could be offered in a park and recreation program. V·26 City orRen/on Park. Recreation and OPen Space Master Plan Park and Facjlity Needs Analysis: In the Renton area, a significant portion of land (360.02 acres) is devoted to open space. It includes: . Cedar Rlver Natural Area Bryn Mawr (County) Lake Street Lower Talbot May Creek (County) Renton Park (County) Renton Wetlands Springbrook Watersbed 151.48 Acres 4.10 .34 4.50 122.60 19.00 20.00 38.00 Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped In addition to this present inventory, a significant amount of land has been identified by the Cil¥ as an open space resource such as wetlands, steep hillsides, drainage ways and other Significant areas. Recommendation: (Open Space) Comments: The 12.7 acres per 1,000 population is a substantial increase over what now exists. This figure represents what should be preserved. A majority of this type of land is wetlands and other open space that is not suitable for development. The standard of 12.7 acres per 1,000 population means that 520 additional acres should be currently preserved. By the year 2000 this number will increase to 709 acres. The survey also revealed that wildlife habitats were the number one type of open space that the City should try to preserve. Wetlands areas were also considered an Important resource. Special Use Areas Definition: Specialized facilities include areas such as small landscaped parcels, mini-parks, specialized single purpose parks, and land occupied by major structures. VI -13 WEST PLANNING AREA (Includes Earlington Hill and West Hili Neighborhoods) Summary or Recommendations Existing Proposed Type Acres Sites Acres Sites Neighborhood 1.5 1 6.0 1 Community 19.7 1 0.0 0 Regional 0.0 0 0.0 0 Open Space 4.1 1 145.0 4 Linenr 0.0 0 0.0 0 Specialized 0.0 0 0.0 0 VIII·31 AREA LOCATION WEST PLANNING AREA POPULATION: 1990 Population (estimated) 2000 Population (estimated) Growth Potential CHARACTER: 10,577 11,000 Low This area is split into two distinct single family areas, which is divided by the Renton Avenue Ravine. Both the West Hill and Earlington Hill neighborhoods are predominantly single family housing. However, there is a large concentration of commercial development along Rainier Avenue. TOPOGRAPHY: This arC::d consists of gradual to steep hillsides. There are no unique natural features present in this area. The most prominent physical characteristics of this area are the close proximity to Lake Washington and the Cedar River. EXISTING PARKS AND OPEN SPACE AREAS: Name Earlington Park Skyway Park Bryn Mawr Park PARKLAND NEEDS: (Acres) Type (Standard) Neighborhood Park (1.9 Ac/l(00) Community Park (l.5 Ac/l(00) Regional Park (18.2 Ac/l(00) Open Space Areas (21.0 Ac/l(00) Linear Park (l.5 Ac/l(00) Specialized Park Areas (1.1 Ac/l(00) VIII -32 Neighborhood Community Open Space Existing Acres 1.5 19.7 0.0 4.1 0.0 0.0 1990 Need 11.2 (8.0) 117.7 130.5 9.5 8.5 Acres 1.5 19.7 4.1 2000 Need 11.7 (7.6) 122.1 135.6 9.9 8.8 City oCRenlon Park. Recreatioll and Opell Spqce Masler Plan Recommendations Wesl Planning Area Earlington Park Site 39 Neighborhood Park This existing 1.54 acre parcel is located in the west hills, off Thomas Avenue S.W. and is very small for a neighborhood park. For the most part, .the park serves as an open area for various kinds of activities and place for picnics, walks and children's activities. Facilities at the park include a multi- purpose basketball court, a children's playground, a multi-use grass area, and a picnic area. The park is fully developed. No changes or improvements are recommended. Proposed Empire Ridge Open Space Site 40 Open Space Area This open space area is located north of the Pacific Coast Railroad right-of- way. It consists primarily of steep hillsides~ It will eventually become part aLa much larger open space area (see Site 41 on page Vm-36). VIII -34 , . -.;.: SOUTHWEST PLANNING AREA (Includes Green River Valley Neighborhood) Summary of RecommendaUons Existing Proposed Type Acres Sites Acres Sites Neighborhood 0.0 0 0.0 0 Community 0.0 0 0.0 0 Regional 0.0 0 0.0 ·0 Open Space 20.0 1 60.0 1 Linear 0.0 0 16.0 2 Specialized 0.0 0 30.0 VIII·35 AREA LOCATION SOUTHWEST PLANNING AREA POPULATION: 1990 Population (estimated) 2000 Population (estimated) Growth Potential CHARACTER: 264 264 Very Low This is a rapidly developing area for industrial, manufacturing, and office. It is anticipated that this area will continue to experience growth; primarily in non-residential uses. TOPOGRAPHY: The terrain in this area is relatively level. This area is located on a broad floodplain of the Green River. It consists of rolling hills and level plateaus; however, there are several areas that contain steep hillsides. EXISTING PARKS AND OPEN SPACE AREAS: Name Renton Wetlands PARKLAND NEEDS: (Acres) Type (Standard) Neighborhood Park (1.2 Ac/l000) Community Park (1.1 Ac/l000) Regional Park (11.1 Ac/l000) Open Space Areas (12.7 Ac/l000) Linear Park (.9 Ac/l000) Specialized Park Areas (.8 Ac/l000) VIII·36 Type Open Space Existing Acres 0.0 0.0 0.0 20.0 0.0 0.0 Acres 20.0 1990 2000 Need Need 0.4 0.4 0.3 0.3 3.3 3.3 (16.2) (16.2) 0.3 0.3 0.2 0.2 Qry of Renton Park. Recreation alld Open Space Master Plan Recommendao"0ns S~uthwest Planning Area SPECIFIC RECOMMENDATIONS: Proposed Black River Open Space Site 41 Open Space Area This open space area will eventually consist of land exceeding 70 acres and is located north of the abandoned Black River Channel. The land consists primarily of wetland area and is comprised of an unique vegetative complex of emergents, shrubs, old growth hardwood species and a noteworthy stand of old growth Oregon Ash. This wetland area serves as an important habitat to several species of wildlife, including herons. The presence of a heron rookery and various sources of wildlife are valuable assets to the community should be protected. It is recommended that the City acquire enou~h land around the existing rookery to ensure its {Jrotection. In additlOn to land acquisition around the rookery itself, It is recommended that a second boundary be formed to restrict uses that create disturbances during the critical nesting season of the year. Because of the interest by both public and private groups to preserve this site and make it available for educational purposes, a major mterpretive center is now being proposed. This site is part of a much larger open space area found to the north (see Site 40 on page VIII-33). Proposed Springbrook Creek Park Site 42 Linear Park This proposed park contains about 13 acres of land along Springbrook Creek WIthin the south industrial area of Renton. It is recommended that the property along the creek be developed with a continuous trail system that connects to several activity nodes or "mini-parks" at select points. These areas would be developed with picnic areas and/or exercise stations. The primary users of this area would be industrial employees who work in the area. Most of the use would occur during the daytime hours. Facilities along this linear park could include: • Paved trail system • Picnic areas • Landscaped areas • Exercise stations • Trimmed grass areas Proposed Cascade Waterline Park Site 43 Linear Park This proposed 17 acre linear park site follows the existing Cascade pipeline right-of-way. The park extends from the east city limits to Springbrook Creek. The proposed site links several existing park and open space areas and would contain a trail system only. This site also extends into the South Planning Area. VIII -37 • City Qf Remon Gmlprelifllsive Park. Recreatioll al\d Opell Space Mas,", Pial! Actiol! Piflil 21) Conservation Futures Levy Counties can levy lip to $.065 per $1,000 assessed valuation for the acquisition of shoreline and open space areas. The money cannot be used for development or maintenance. Cltie,s can apply for a share of this money through the Open Space Pro grant 22) Open Space Bond Issue Fund $117.6 million voter approved bond issue in King County. Approximately $3.7 million was allocated to the City of Renton for voter approved parks, trails, qand open space acquisition and development projects. Funds can be utilized singly or as a match for grants and Conservation Futures Fund. PROJECT PRIORlTIES Table 41 Priority of PaJ'k Drl'elopmc.nt City of Renton Page No. Name Action Year 1 1 VIIl·24 Ce,dar Rl\'e\' Trail Dev. • VI 11·36 Black R.iver Open Sp. (Phase 1) Acq. ~ 3 VlII·36 Black RlHr (Phase 2) Acq. 4 VlII·IS May Creek Trail/Duvall·Glencoe Site Acq. 5 VlII·48 SprinSbl'ook Ope.n Space Acq, Year 1 6 VI 11.56 C.d.r River Sports Complex Dev. 7 VlII·23 Heather DO\\115 Park (Phase 1) De v• 8 VIII-54 Lake Wash. Trail (Boeing. Phase 2) Dcv. 9 VlIl·57 Springbrook Wetlands Trail Aeq, 10 VI 11.16 West Kennydole Opon Space Acq" VlII·56 Kennydale Crook Trail Acq. VI1J.14 Lake Washington Vista Park Acq. 11 VlII·56 Pacific Coast Railroad Trail Acq. 1.2 VI 11·36 Springbrook Creek Park Acq, (1) Rerer to Poges 4·7 m Part of West Ke)lnydale Open Space Proj.ct TY _ 7 Funding Cost Source Cll $1,500,000 1,2,22 4,300,000 1,2,5,22 3,500,000 1,2, S, 22 750,000 1,3,4,5,22 1,600,000 1,3,4,5 3,500,000 3,6,7 400,000 3,5 1,000,000 4, 15, Privato 450,000 1,3,4, S, 14,22 2,100,000 . 1,3,4,5,22 (2) (2) 100,000 1,3,4,5,22 195,000 1,2,5 • I' (Applications must be typed) Date Received ./ //1993 REGIONAL CONSERVATION FUTURES ACQUISITION PROGRAM PROPERTIES OF EXTRAORDINARY REGIONAL SIGNIFICANCE APPLICATION PROJECT NAME: Applicant Agency: Contact Person: Ti tIe: Address: Phone: TOTAL Funds Requested: Number of Parcels: Black River Riparian Forest City of Renton Leslie Betlach Open Space Coordinator 200 Mill Avenue South: Renton. WA 98055 (206) 277-5549 $945.758.00 Three (3) totaling 14.21 acres Note: For full descriptions of the requirements of each of the following criteria categories, please refer to the "Criteria for Properties of Extraordinary Regional Significance". , Please answer all questions on the forms provided and in the space provided or on additional pages, which may be attached to the application. Additional Attachments: All applications must contain the supplemental information requested at the end of this application to be considered complete. The applicant certifies that to the best of his or her knowledge, the . information ,in this application is true and correct. DEADLINE: This Application must be received by April 16, 1993, 4 p.m., by: King County Office of Open Space 1621 Smith Tower 506 2nd Avenue Seattle, Washington 98104 ATTN: Jim Greenfield, Administrator 1 I. Regional Importance. The property must meet at least two of the following criteria to pass this Threshold: A. Service Area: Will the property likely be a destination for people who come from beyond the geographic limits of the community or jurisdictions within which the property is located? How far away will most users come from, i.e. what is the mileage radius of the proposed project's service area? Yes, this acquisition will be a destination point for people countywide as this property currently has an estimated service area with a fifteen through twenty (15 -20) mile radius. This site is frequented by staff from the University of Washington School of Environmental Studies, Audubon Society, Sierra Club and nature enthusiasts. B. High Visibili ty: Is the property visually prominent from an interstate, state, or county highway, or major urban right-of-way, regional trail, or other highly-used public right of way, Puget Sound or Lake Washington. Please name each road or right of way and describe the visibility. Provide a slide demonstrating the visibility. C. The property is visually prominent from the following Transportation Corridor: 1. 1-405 (Interstate Highway System). Property is visible to west bound traffic on 1-405. Property location is approximately 300 lineal feet north of 1-405. Multi-jurisdiction/Beyond Funding Capabilities: Will the property create a park, passive-use recreation crosses city jurisdiction boundaries? portion of unincorporated King County Is acquisition of the property beyond jurisdiction? If yes, describe why. or open space opportunity that If yes, list the cities and/or in which the property is located. the funding capabilities of your This acquisition is located in one (1) jurisdiction --the City of Renton. However, the entire project as identified and adopted in the City's Comprehensive Park, Recreation and Open Space Plan is located in two jurisdictions: Unincorporated King County and the City of Renton. Eighty-one (81) acres is located in the City of Renton and 23.23 acres in the hillside area located in unincorporated King County. This 14.21 acre acquisition is beyond the funding capabilities of Renton's jurisdiction. The City has contributed $500,000.00 of its own monies for acquisition in the Black River Riparian Forest and exercised the option to utilize an additional $3,500,000 in Metro monies for acquisition also in Black River. (The $3.5 million could have been utilized for other acquisitions in the valley area). Although the City is not at its bonding capacity, Renton is not bringing in enough revenues to further indebt itself. The reduction in revenues can be attributed to a sluggish economy 2 including reduced revenues from sales tax, fewer applications for building permits arid an increase in vacant office space. The City is currently paying back on G.O.B. Bonds for the following park projects: 1. Gene Coulon Memorial Beach Park 2. Maplewood Golf Course 3. Renton Community Center' D. Contains Three Open Space Features: List at least three park or open space features defined in "Properties of Extraordinary Regional Significance" Criteria II that the property contains. If the property itself does not contain three such features, describe why the property is a component of a larger open space system important to the character of King County that contains at ·least three such features from those Criteria II, and list the features. This proposed acquisition contains the following park and/or open space features as defined in "Properties of Extraordinary Regional Significance" Criteria II: 1. II.A.(2) View Corridor: Provides an opportunity to view 67 acres of prime .riparian forest, wetlands, and upland buffer for active Heron Rookery. 2. II.A.(3) Scenic Resource: The Black River Riparian Forest is viewable from 1-405, Oakesdale Avenue and Springbrook Creek and ties into the Springbrook Corridor which extends three miles south and east from the Black River Riparian Forest along Springbrook Creek to the City of Renton Watershed. 3. II.B. Habitat Areas or Corridors: Uncommon species include Great Blue Heron. Rare/endangered species include bald eagles. 4. II.C. Adjacent to Regional Park or Trail: Proposed acquisition increases Regional Open Space in public ownership by 20%. 5. . II.E. Other Water Access for Regional Facility: 14.21 acre acquisition is immediately adjacent to the Black River Riparian Forest and is a component of a much larger system spanning 3 miles along Springbrook Creek and including 79 acres, referred to as the Springbrook Corridor and identified as an Urban Separator. 6. II.F. Regional Passive-Use Urban Park: Increases 67 acre Regional Open Space/Habitat (currently in public ownership) to 81 acres with addition of 14.21 acre acquisition. Includes rare plant and animal species. 3 E. Habitat: As an alternative to I.A above, if the property is primarily habitat that meets the definition of "Properties of Extraordinary Regional Significance" Cri teria II B, should the property have low visitation levels or use restrictions to preserve the habitat? Please describe. As described in Section II. B, the property itself provides habitat buffer and protection for an active Great Blue Heron Rookery and for Bald Eagles. This site contains rare and occasional plant species as well. In addition, it is a component of a much larger system spanning from the Black River Riparian Forest (currently 67 acres) and following the Springbrook Corridor for 3 miles to the City of Renton Watershed, and incorporating an additional 79 acres for a grand total of 146 acres. (With the addition of this proposed 14.21 acre acquisition and the 23·acre proposed acquisition along Springbrook Creek this new total would be 183 acres). The City has entered into a Public Access Easement Agreement with the neighboring property owner and current owner of this acquisition. This Agreement requires a master plan for development by the year 2002. As part of this plan a Habitat Assessment will be required. At this time it is estimated controlled and perhaps limited public access will be required. For example: 1. Boardwalk system with interpretive signs 2. Viewing of wildlife from behind blinds 3. Limited parking 4. Limited public access during mating season 5. Small scale interpretive center 6. Educational research II. Extraordinary/Unique Open Space Features. To meet this Threshold, the property must possess at least three of the following features, or the property must possess one of the features listed below to a degree of extraordinary importance to the people of King County: (1) Viewpoint property: Will the property provide the opportunity to view a scenic resource, as defined in the "Properties of Extraordinary Regional Significance" Criteria II.A. (1)? Will the proposed viewpoint provide public access? Please describe. Provide a slide Showing the scenic feature from the viewpoint. Not Applicable (2) Is the proposed project a View Corridor as defined in the "Properties of Extraordinary Regional Significance" Criteria II.A. (2)? Please describe. Provide a slide showing how protection of the view corridor is necessary to preserve a view of the scenic feature. This acquisition will provide an opportunity for a panoramic view of 67 acres of prime riparian forest, wetlands and upland buffer area providing habitat for an active Heron Rookery. The proposed viewpoint will provide controlled public access with the potential use of duckblinds for 4 B. viewing of sensitive wildlife habitat. A boardwalk system is anticipated, as well as interpretive signage. (3) Does the proposed project contain a Scenic Resources of regional importance as defined in the "Properties of Extraordinary Regional Significance" Criteria II.A. (3)? Please describe. Provide a slide showing the scenic resource. The 14.21 acres as it stands alone is not a scenic resource. However, because it is immediately adjacent to the 67 acres currently in public ownership (Black River Riparian Forest) and is part of a much larger habita:t system (Springbrook corridor extending 3 miles to the south and east and including an additional 79 acres), this acquisition as a whole becomes a scenic resource, which is visible from 1-405, Oakesdale Avenue and Springbrook Creek. " Habitat Areas or Corridors: Describe the natural habitat, including habitat corridors, in the proposed project. The 14+ acre acquisition provides habitat protection and buffer area for an active Heron Rookery with 20 pair of nesting Great Blue Heron, which is classified as an uncommon species. In addition, bald eagles (classified as rare/endangered) forage for food on this site. This 14.21 acres is a primary linkage to the 67 acres currently in public ownership. In addition to the rare wildlife, there are (6) six rare species and 26 occasional species of vegetation which include the following: wild iris, rose, willow, sumac, mountain ash and Oregon ash. On an even larger scale the Black River Riparian Forest is part of the Springbrook Corridor that spans nearly three (3) miles south and east from the Black River Riparian Forest to the City of Renton Watershed. This system includes the 38 acre watershed, 16 acre undeveloped neighborhood park site, 25 acres of wetlands recently acquired by the City and a proposal to acquire 23+ acres along Springbrook Creek (near th'e watershed). This entire system is rich in wildlife and vegetative habitat. (See attached information regarding habitat in the Black River area). Springbrook Creek is identified as a Class 2 stream in this corridor and increases in value as it gets closer to Black River where it is identified as a Class I. I This entire habitat system will become a component of the Black River Riparian Forest that will contain passive-use recreational opportunities Controlled and limited service access will be the key to preserving, protecting and enhancing the prime wildlife and vegetative habitat the occurs in this area. A Master Plan is required to be completed by the year 2002 (as part of the Public Access Easement Agreement). The amount and type of public use will be determined after completion of a habitat assessment. At this time the City envisions a boardwalk system, interpretive facilities, limited parking, restrooms and educational and scientific research. C. Adjacent to Regional Park or Trail: Is the proposed project adjacent to a regional park or trail, or within a boundary of a greenbelt or greenway as adopted in a comprehensive park, open space or trail plan? How will it provide a critical linkage or significant expansion to the regional park or open space? The proposed project is adjacent to the Black River Riparian Forest and identified as Regional Open Space and adopted in the City's Comprehensive Park, Recreation and Open Space Plan. This 14.21 acre acquisition will expand the current Black River Riparian Forest land in public 5 ownership by 20%. This property is especially critical as it contains prime habitat protection and buffer area for an active Great Blue Heron Rookery. The project is also part of the larger Springbrook Corridor which is identified as an Urban Separator in the City's Comprehensive Plan as part of Growth Management Act. D. Will the proposed project provide direct public access to Puget Sound, Lake Washington, Lake Union or the ship canal? Describe fully. Not Applicable E. Other Water Access for Regional Facility: Will the proposed project provide other lake or river shoreline and associated wetland or upland buffer areas that could serve as a regional shoreline public access facility or contribute to the establishment and protection of a riparian open space corridor? F. This acquisition will contribute toward the continued protection of a riparian open space corridor by providing an additional 14.2 acres of buffer area to a Class I wetland and Riparian Forest located immediately adjacent to this parcel. In addition, it will provide additional protection for the larger Springbrook Corridor system spanning nearly 3 miles. This 14.21 acre acquisition will provide additional buffer area to the 2,000 lineal feet of shoreline currently in public ownership. Multiple public use/benefits include: 1. Education -currently the University of Washington School of Environmental Studies 2. Interpretation 3. Viewing of wildlife 4. Habitat protection 5. Boardwalk system Regional Passive-Use Urban Park: Would the proposed property primarily be used as a regional passive-use urban park that will be a destination point for users traveling from beyond their own local community? (Such property must be located in urban areas or in urban growth areas as defined in the King County Comprehensive Plan.) Please describe. This 14.21 acre parcel would be in addition to the 67 acres currently in pubic ownership for an 81.21 acre Regional Passive-Use Urban Park. The site is currently a destination point for users traveling a distance between 15 and 20 miles outside the City of Renton's jurisdiction. The entire 81 acres contains prime habitat and includes rare wildlife as well as rare plant species. G. Historic/Archeological Resources (Land Only): Does the property contain an historic or archaeological resource? How would acquisition of the proposed project further protect the integrity of the resource? Provide a slide of the resource. Not Applicable 6 H. City/Community Separator Greenways. Demonstrate how the proposed project meets the greenway or city/community separator "Properties of Extraordinary Regional Significance" Criteria II.H. Describe how the greenway provides any visual relief from other nearby land uses. The 14.21 acre parcel is not designated as a greenway separator. However, as part of the Springbrook Corridor of which this parcel and the Black River Riparian Forest is a component of, this area meets the criteria for an Urban Separator as identified in the City's Comprehensive Plan as part of the Growth Management Act. The Springbrook Corridor is also identified in the City's adopted Comprehensive Park, Recreation and Open Space Plan. This Urban Separator/Open Space Corridor System spans 3 miles and includes an additiqnal 79 acres to separate incompatible uses and provides visual relief from the neighboring intense industrial and office park uses. III. Determining the 'Need for Future Year Revenues. One of the following is required to meet this Threshold: A. 'High Acquisition Priority': If the proposed project is identified as a high priority in an adopted park, open space or comprehensive plan, attach a copy of the plan; or, attach a resolution from the legislative ,body of your jurisdiction indicating that the property is a high priority acquisition and that it wil'l be included in the appropriate GMA plans when adopted. 1. This project is listed as the number two (2) priority in the City's adopted Comprehensive Park, Recreation and Open Space Plan. 2: See attached pertinent highlighted excerpts from the City of Renton's adopted Comprehensive Park, Recreation and Open Space Plan and Trails Master Plan identifying this project as a high priority. (One complete adopted Comprehensive Park, Recreation and Open space Plan, Trails Master Plan and Final E,I.S, have been submitted to the King County Office of Open Space for additional further review, as required). 3, See attached Resolution adopting above plans. 4. See attached Resolution identifying project and authorizing grant application. 7 B. Significant Matching Funds Available: Are significant matching funds, a partial property donation (or a bargain sale) opportunity available and of equal to or greater than one half of the amount of the conservation futures application? Please list any matching funds received or applied for. Other Fund Source Local jurisdiction State C.F.F Funds·· Other ·(Identify) 1989 Open Space Other (Identify) Amount NIA $1.534.815.00 $ 434.827.00 Availability Date Immediately Upon Reimbursement Request •• These funds cannot be used as a match for this application as Conservation Futures Funds can not be matched with Conservation Futures Funds. C. Is the property highly threatened with development or other action that will lead to a signif.icant loss of any open space features on the property that are listed in Criteria II? Please describe the situation fully. Yes, this property is highly threatened for development as the 2 year option on Tract C in the existing Memorandum of Agreement between the City of Renton and First City Washington, Seattle Audubon Society, Renton Citizens for Wildlands Preservation and the Sierra Club Cascade Chapter, expires November 21,1993. Existing land use designations allow for Office Park Development in Tracts A, S, and C. Parcels 1 and 2 in Tract C have been developed for Office Park use. Lots 5, south 1/2. of lot 6 and 7-10 in Tract C were purchased by the City in 1992 for $4.3 million. Lots 3, 4 and the north 1/2 of lot 6 are the only remaining parcels left to be acquired in Tract C and are included in this application. Through the SEPA Process, Office Park development has been approved for the neighboring parcels in Tracts A and S. The existing two year option to acquire parcels 3, 4 and the north 1/2 of parcel 6 expires November 21, 1993. At that time a new option would need to be negotiated. D. Is there any other extraordinary timing opportunity, such as the expiration of a purchase offer, that should allow the proposed project to be considered a priority to be funded at this time? Please describe. 8 V. Additional Considerations. A. Unmet Park or Open Space Needs: Is the property located in an area that has been identified as having a deficit in park or open space resources in.an adopted park or comprehensive plan meeting Growth Management Act mandated requirements? The parcels proposed for this acquisition are located in the City of Renton's southwest planning area as iden-tified in the adopted Comprehensive Park Recreation and Open Space Plan. The southwest planning area does not have a deficit in Open Space land. However, upon further review, and description of this Site (Site 41) in the adopted plan on page VIIJ-37, the last sentence reads, "This site is part of a much larger open space area found to the north (see site 40 on page VIII-34. This is located in the west planning area.) The Plan indicates an additional 13S.S acres of open space land needs to be acquired in the West Planning Area by the year 2000 in order to meet the new recommended standard of 12.7 acres/1,000 population. B. Geographic Equity in the Distribution of CFT Funds. List all other Conservation Futures grants, by project, received ~y your jurisdiction from King County since 1989. Black River Riparian Forest $ 9,000.00 1989 200,000.00 1990 1,500,000.00 1991 May Creek Trail $ 2,250.00 1989 106,950.00 1989 Honey Creek Trail $ 3,000.00 1989 Lake Washington Vistas: $ 100,000.00 1990 C. Large Acreage/Shoreline. What is the proposed project's total acreage? What is the length of' shoreline on the property? D. The property to be acquired is 14.21 acres but is a component of a much larger system, the Black River Riparian Forest. The total project area would be 81 acres (67 acres currently in public ownership and 14+ acres for this proposed acquisition). This acquisition also provides additional buffer for 2000 lineal feet of Class I stream shoreline currently in public ownership. Final Critical Link in a Regional Open Space System: Does the property provide the last or one of regional open space system, such as habitat corridor or other greenway? the last essential elements in a a regional trail, a critical Please describe. This 14.21 acre acquisition is the last element to be acquired in Tract C and the next to the last element to be acquired in the Black River Riparian Forest Regional Open Space/Habitat System. 9 E. Factors Affecting Likely Success of Project. i. Describe any other matching funds or resources, such as a volunteer management agreement, etc. 1. Agreement with Seattle Audubon Society.(see enclosed). a. Conduct waterfowl and wildlife surveys b. Assist in development of Interpretive program 2. Agreement with Renton Citizens for Wildlands Preservation. a. Conduct bird counts b. Provide twelve field trips annually c. Provide litter control ii. Evidence of a Willing Seller. This may be demonstrated by a signed letter of intent or signed option, or a signed first right of refusal from the seller. Add any comments below. See enclosed executed Memorandum of Agreement with executed two (2) year Purchase Option Agreement between City of Renton and First City Washington, Inc. iii. Site Restoration Project Funding Identified. Is a restoration project identified for the proposed project that will create or significantly improve a seriously degraded feature defined in "Projects of Extraordinary Regional Significance" Criteria II. (Conservation Futures tax levy funds under state law may not be used for development or restoration) . Not Applicable F. (Please note that there is no Criteria "V.F" in the ordinance) G. Growth Management Act -Accepting Density. Is the property in the area identified under an adopted growth management plan as targeted receive greater density and become an urban village or urban center? Yes, the property is identified and located in Renton as part of GMA. The City of Renton has applied for Urban Center Status which would allow the City to grow to at least twice its present size. As an Urban Center the City is required to have additional parks and open space lands to service the increase in population H. 1989 Open Space Bond Project with Funding Shortfall: Is the property within the scope of a 1989 Open Space Bond Acquisition Project that has an identified acquisition funding shortfall and has not been substantially completed? Yes, this project is within the scope of the 1989 Open Space Bond Acquisition Project. The current funding shortfall is one and one half times the original 1989 Open Space Bond Project acquisition budget. 10 I. Is there any other harm that has not been described in this application that could come to the property's open space features listed in Criteria II through alterations of the property through likely changes in land use? Current Land Use Designation allows for Office Park Development (O-P). Under the proposed land use designation, Employment Area Office (EAO), and Low Density Single Family (LDSF) would be allowed. Under both the present and future zoning, habitat in this area would be destroyed or at the very least compromised. The habitat in the area wCluld be best served by acquiring the land for public ownership and including a larger habitat/open space system in order to preserve, protect and enhance this Regional Open Space feature containing rare plant and animal species. 11 ADDITIONAL ATTACHMENTS REQUIRED: The following attachments must be included for the application to be considered complete: Attached Attached Attached Attached Attached a) Briefly describe in 2 or 3 sentences how the property meets the definitions of eligible lands under RCW 84.34.020. (Copy attached) b) Attach a proposed project budget, including the following information: * * * * * General administration: Appraisal, appraisal review and title report costs: Relocation costs: (if any) Land acquisition costs, including closing costs: TOTAL Funding Request: c) Attach a copy of your jurisdiction's adopted park or open space comprehensive plan or its equivalent. If you do not have such an adopted plan, please attach a copy of a resolution, motion or ordinance approved under the normal legislative process of your jurisdiction indicating that the property will be listed as a high acquisition priority in your adopted open space or comprehensive plan required under State Growth Management Act. d) Attach a copy of a resolution, motion or ordinance signed under the normal legislative process of your city of King County, authorizing the attached application for Conservation Futures funds. e) Attach an 8 1/2" x 11" reproducible, black and white site map of the proposed acquisition project showing the project scope and each individual parcel within the proposed project scope. 12 • Attached Attached Attached Attached Attached Attached Attached Attached f) Proposed acquisitions may include fee simple or less than fee acquisitions such as trail or conservation easements. Please attach a list that clearly discloses the type of ownership interest (i.e. fee simple, easement, etc.) that is proposed for each parcel. g) Attach an 8 1/2" x 11" reproducible black and white location map showing the location of the proposed project including the nearest cross streets, and at least a five mile radius surrounding the proposed project. h) Attach an 8 1/2" by 11" reproducible black and white schematic plan showing potential or proposed future uses of the site, including trails, parking, or other facilities. Please indicate any surface area of the project area that will contain non-vegetative impervious surfaces such as pavement. i) Enclose a maximum of 3 35mm color slides of the proposed project that best portrays the site's features. Additional slides may be provided only for those criteria where slides are required. Slides should be labeled with the project name, applicant jurisdiction and date of slide. A brief written description of each slide (lor 2 sentences) should be provided on a separate piece of paper. Slides will be returned only upon request. j) Copy of an appraisal, letter of opin'ion or other justification of value of the property proposed for acquisition. k) Provide documentation of the existence of matching funds obtained or available, if such funds are identified in the application. 1) Copy of a purchase option or other agreement showing evidence of a willing seller, if identified in the application. This confidential information is for use by King County Open Space Citizen Oversight Committee members only. m) Do you have any reason to believe that the site may contain hazardous substances? If so, has an environmental assessment been conducted on the site? If so, please provide copy of environmental assessment. No, it is highly unlikely any hazardous wastes are located on these parcels, However, the City always obtains a hazardous waste assessment report prior to purchasing any property, 13 1. SLIDE SCHEDULE City of Renton Black River Riparian Forest Pertaining to Question LB. --High Visibility Aerial view looking west toward project area. Slide taken above the Intersection of 1-405 and S.R. 167. Oakesdale Avenue to the South (left). Duwamish Valley in background. Empire Ridge and S.R. 900 to north (right) of site. 2. Pertaining to Question II.A.(2) --View Corridor View looking northeast toward Great Blue Heron Rookery and riparian forest. Pond/wetland in foreground. 3. Pertaining to Question 11.A.(3) --Scenic Resource Habitat Corridor with mature stands of vegetation for wildlife. 4. Educational Opportunities Field trip conducted by Renton Citizens' for Wildland Preservation as part of existing agreement with the City. Viewing nesting birds/herons. 5. View of existing side channel and grasslands. 6. View looking north and east overlooking the pond/wetland area. LB/dlf 93-169df Riparian forest in backwound. ( .. CITY OF RENTON TRAILS MASTER PLAN SEPTEMBER 1990 Community Services Sam Chastain, Administrator , \ \ ------------- ~: Feasibility: Feasibility is dependent upon cooperation with Ibe Sea t tle Water Depanmen L It seems very likely however, since trail use is compatible wilb waterline operations. Funhermore, trail developments would require very little changes or improvements to Ibe existing waterline right-<>f- way. Trail development would also require cooperation from Ibe Washington State Deparunent of Transportation (WSD01), where Ibe trail must cross SR 167. The very steep sections of Ibe trail that will require stairs to negotiate may have to be phased over time because of Ibe expense involved. SPRINGBROOK VALLEY TRAIL Recommended Route: This trail follows Ibe course of Ibe Springbrook Creek from Ibe city limits at S. W. 43rd SL nonh to Ibe Black River Riparian ForesL City Wuie MaslerTrails Plan Opportunlties/Amenlties: This mixed-use trail along a sepa- rated right-<>f-waywlll provide a major nonh-south passage through Renton's Green River Valley. This area is in the process of becoming a tbriving office, scien tific research, and industrial park complex. The Springbrook Creek Trail is a wetland trail, which is rich in birdlife and distinctive vegetation. The fiat high banks lend Ibemselves well to trail developmenL The trail will connect wilb Ibe P-1 Channel Trail, the Cas· cade Trail (which is Ibe major east-west trail across the soulbero half of Ibe city), and Ibe Black River Trail. Constraints: While Ibe Green River Valley is still in a relatively low state of development, east west streets such as S.W. 161b, S.W. 34th, and S.W. 41st Streets, which cross Ibe Springbrook, do not yet pose a major tbreat to safety. However, as Ibe industrial and commercial development in the Valley increases (lbe same development that may help finance the construction of Ibe Springbrook Trail), traffic will increase. Conseq uently, pedestrian crosswalks or traffic ligh ts must be 'I'M enension of the Springbrook Creek trail wUJ pass through this tranquil and picturesque serring. City Wide Master Trails Plan The nonhem secricn of the trail has a more mixed characrer which inchuies rhe Metro trearmenr faciJily and office parks. provided at these intersections to ensure pedestrian safety. Feasibility: Feasibility is high. A section of the traJJ already exists between S.W. 43rd and S.W. 34th Street Continuation of the Springbrook TralI can be accompllshed through miti· gation measures tied to development INTERURBAN TRAIL This proposed mixed use traJJ lies within the jurisdictions of Seattle, ThkwiJa, Kent, and Auburn. It will follow the aban- doned course of the Interurban Electric R.alIroad, which ran during the easly pan of the twentieth cennuy. The traJJ will extend north·south along the east side of the Green River. The traJlbead will be located asoundFon Dent Park and will continue south through Auburn. In addition to its historic slgnlllcance, this traJJ bas regional imponance as additional sections exist or have been slated for construction in Snohomish, King, and Wbatcom Coun- ties. As segments of the traJJ ase locally constructed, the Interurban will increase in regional signlllcance. Development of the Springbrook, Cascade Waterline, and Black River TralIs will provide access between Renton, and TukwiIa, especiaIIy for non-motorized travelers. Addition- ally, the City of TukwiJa is planning to improve the S. l80th Street bridge over the Green River for pedestrians and cycllsts. This project bas been included in the 1989 King County Open Space Bond Issue as a jOint project between ThkwiJa, Kent, Renton,Auburn, and King County·-with the County acting as the lead agent BLACK RIVER TRAIL Recommended Route: The traJJ originates from the CBD followingS. 4th St westbound to Smithers Ave. S., then jogs over to S. 4th PI. where it continues westbound for another block to Rainier Ave., across from the Renton Center. The Black River corridor continues behind the shopping center, extending through the Black River Riparian Forest to Mon- ster Road. Opportunities/Amenities: This wetland area is comprised of a unique vegetative complex of emergenl, shrub, and old growth hardwood species. Worth noting is a stand of old growth Oregon Asb and collonwood. The Riparian Forc;st, rich in biIdlife, is associaled with a combined Slorm water detention and wildlife pond, which is known as the forebay pond. There is an island within this pond which suppons a productive heron rookery. The rook- ery, portions of the forest, and selected wetland pockets are presently preserved as sensitive hahitat This area holds great educational value, especiaIIy since it is located so close to growing residential and employment cen- ters. Although commercial development threatens to encroach upon this area, If it carried out carefully and sensitively, some limited development conld provide a vehicle for traJJ development as well. Constraints: The site bas been considered for office park development for many years. Portions have already been developed; others are still under consideration. Feasibility: Although this asea is already planned for office park development, combined economic and environmental factors may prevent this from oocurring and consequently, the Black River forest may be preserved as public open space. The present 600-foot protective buffer zone surrounding the rookery precludes traJJ development within this area. Final determination on these limits is still pending. to increase retention capacity. Itmaybe possible at that time to construct major sections of the trail. SPRINGBROOK WETLANDS TRAIL ~ Recommended Route: This trail will extend from the south- ern terminus of the Panther Creek Wetland southeast to the City of Renton Spnngbrook Watershed. Opportunities/Amen/des: Combined with the Panther Creek Wetlands Trail, the Springbrook Wetlands Trail would cre- atea continuous north-south trail from 1-405 to the southern ci ty limi ts. The proposed trail passes through valuable wetland habitaL Constraints: Completion of the trail will requireacquisition and/or trail easements from property owners. There will also be increased expenses in constructing a trail through sensitive wetland habitat and maintaining the trail in such a wet area. Extra efforts will have to be made to protect wildlife and vegetation, as well as protecting the trail from the deteriorating effects of saturated soils. FeaslbllJty: Acquiring trail easements from the Springbrook Watershed to the wetlands will not be easy, nor will property acquisition. pol CHANNEL TRAIL Recommended Route: The trail will follow the course of the proposed P-I Drainage Channel from the intersection with the Springbrook Trail at S. W. 43rd to the intersection of the Cascade and Springbrook Trails. Opportunides/AmenJdes: The P-l Channel Trail will con- nect to the City owned wetland located at the presenttermi- nus of SW 27th StreeL This wetland could be developed as a preserve!interpretive facility and could also serve as a trail- head for the P-l Channel Trail The trail will follow the watercourse through its entirety. FeaslbllJty: It has not yet been determined whether the P-I Drainage Channel will be needed for the city's storm water managemenL However, if it is needed the trail can be incorporated in the initial design. City Wide Master Trails Pla'n The Empire Ridge as viewed from rhe Black River Wetland. Ponds located along this ridge are rich wilh birdlife and provide necessary fofod and shelter for the resident Wildlife. They also provide windering g,ound for herons that inhabit rhe rookery during the spring and summer months. EMPIRE RIDGE TRAIL Recommended Route: The trail will begin at Monster Rei. and proceed eastward through the steep greenbelt until it connects with the Black River Trail. Opportunides/AmenJdes: The Empire Ridge Trail will meander through a densely wooded area with very steep slOpes. Located on the ridge, the trail will offer panoramic views out to the Black River Riparian Forest, the forebay pond, heron rookery, Fon Dent, and parts of the Green River Valley. ' Rich birdlife is found in the ponds along the eastern half of the green belL These ponds are associated with the Black River Forest riparian ecosystem. This 'trail system would serve the extensive residential popu- lations of Empire Estates, Sun Pointe, and future develop- menL With development of the Black River Trail, the Empire Ridge Trail would provide an excellent trail loop experience. Constraints: The slopes are very steep, requiring extensive switchbacks. Developing traiJs along steep terrain can result in chronic erosion and maintenance problems. FeaslbllJty: Feasibilitywill be dependent upon the outcome of negotiations with property owners along the ridge. How- ever, even if trail easements were dedicated, more in depth environmental analysis would be necessary to determine how the steep saturated soils could suppon a trail system. posed trail, creating a continuous linear park. Tonkin Park is located along tbe Burnett Corridor, adjacent to tbe railroad benn between Houser and Williams. Constraints: Burnett Ave. between S. 7th and S. 5th is presently a parking lot for the CBD. Parking needs for downtown are one of tbe most important factors whicb will be considered as new effortS to revitalize the CBD get under- way. These concerns sbould be reflected in any new designs proposed for Burnett Feasibility: The development of a bike lane along Burnett would require tbe loss ofa lane of downtown parking. Until parking issues are better resolved, sucb a loss would proba- bly not be supponed by downtown businesses and sboppers. Thougb, on a poSitive note, bicycle lanes could encourage alternative modes of travel. Burnett is anchored by 1M Cedm River Trail to 1M IIOnh and Burnett Linear Park to the south. This linear space offers an opporrunily to atend 1M Burnett Linear Park concept funher along 1M corridor. EARLINGTON TRAIL Recommended Route: The Earlington Trail foUows S.W. 7th St from Burnett Avenue to Oakesdale Avenue. Opportunities/Amenities: This segment provides good ac- cess to the industrial, researcb, and business parks develop- ing in this area. The Earlington Trail would also link the CBO with tbe Black River Forest The uaiI will serve as a connector between the Burnett and Springbrook Trails. Although S.W. 7th is in need of repaving, the right-of-way is sufficient to accommodate a bike lane. This route provides the only safe alternative to the auto ,doIn!Jlated S.W. Grady Way. City Wide Master Trails Plan AIlhough S. W. 7th St is in need of repaving, 1M right-of-way is sufficient to accommodate a bike lanl!. Constraints: The road surface is in poor condition, requir- ing repaving and striping. The sewer grates need to be realigned to prevent bike tires from slipping between the grates whicb presently run paraUel with the tire direction. Feasibility: This is a very feasible bike route because there is still sufficient right-Of-way along S.W. 7th to develop a bike lane. However, for economic reasons the city could not afford to repave and stripe bike lanes alone without includ- ing them as a pan of a total road improvement Without an LID to suppon sucb an effon, this improvement might take a long time to occur. SPRINGBROOK TRAIL Recommended Route: The Springbrook Trail foUows the 'noM-soutb course of Springbrook Creek from the pro- posed Black River Trail down to S. W. 43rd St in the Green River Valley. Oppor1UDldeslAmeuitles: This mixed-use trai1, located along a separated right-Of-way, will provide a major nOM-south passage through Renton's Green River Valley. The Springbrook Trail will serve as a useful commuter route because this area is in the process of becoming a thriving office, scientific researcb, and industrial park. This wetland uaiI is ricb in birdlife and distinctive vegeta- tion. Its high flat banks are suitable for locating a bicycle trail. The trai1 will make COnooctiOIlS with the proposed P-l Channel Trail, Cascade Trail, aDd Earlington Trail. City UTuie Masler Trails Pial! accommodate bike lanes. Although there is more auto traffic along SR-5l5, there is sufficient right-of-way along this shon section for both for automobiles and bicycles to utilize. P·I CHANNEL TRAIL Recommended Route: The route follows the course of the proposed drainage channel through the Green River Valley from the intersection with the Springbrook Trail at S.W. 43rd SL to S. W. 27th SL, where the pol joins the Springbrook Creek and Springbrook Trail. Opportunities/Amenities: This separated bike lane would provide a direct 'nonh-south trail along the western city limits. It could be a comparuon trail to the Springbrook, through the western valley, with connections to the Springbrook, S.W. 27th and Interurban Trails. The water cou .. ,e would be a pleasant trail ameruty. Constraints: TheP-l Channel may not bebuUL There are no present constraints, but as developments proceed, new con- straints may appear. FeaslbllJty: The feasibility of developing the pol Channel Trail is questionable. The drainage channel bas not been built because the City needs to determine whether the pol Channel will be neroed for storm water management However, if the channel is built, the trail could be incorporated into initial design. FAIRWOOD TRAIL , The Fairwood trail follows l40th Ave. S.E. from Maple Valley Highway southbound, providing access between Renton and the residential neighborhoods of North Soos Creek. It , bas been included in this master plan because of the potential annexation of North Soos Creek and the large population center it serves. There are wide stiped shoulders along l40th Ave. S.E. that could easily accommodate bike lanes. It provides the only access beTWeen Soos Creek and Maple Valley Highway (SR 167), east of the Civic Center. Passage is limited by the steep slopes of the Maple Valley (Cedar River Valley). Conse- quently, the Fairwood Trail is an important link in the development of a regional trails system. EMPIRE TRAIL Recommended Route: From the Rainier Bypass at Hardie Ave. the trail proceeds west on Empire Way (SR-900). It continues westbound toward Seattle. O~Amenldes: This route serves the rapidly growing residential area neighborhoods of Empire Estates, Sun- pointe, and future developments. There is no safe way to get from these,residential areas to downtoWD Renton or to points west using non-motorized transportation. The Empire Trail follows the most direct east-west corridor. It passes through a dense greenbelL There are dramatic views of the Green River Valley to South Seattle. Constraints: Empire Way (SR-900) is presently very dangerous for cyclists. The inconsistent shoulder is un- paved along many sections. It turns into drainage channel along sections of the northbound lane and bas been utili2ed by curbs, gutters and sidewalks sections of the southbound right-of-way. Empire Way passes through a dense greenbe/L The inconsislent shoulder is unpaved along many sections thet pass through densely populated residential areas. -i I r.· ... . , ~ , , ,",; ~ >. '\'C, / -c~ • ..J ~ ~:;;,"' !K/ , . SeatHe '\" ;-J ~ / ( J --. ~ ~~:1 Xii; t:>.../ ~. ---..,- ~ :w' ~--", -.ct' "'" 'V~ .: ~.-..:-.,... .--.... ...-~_.~. Lake Washington ·'::~~7~ ---" MAJOR BICYCLE TRAILS ~ BG MINOR BICYCLE TRAILS 0 G 0 S-South«n Rettton l..DeaW M.p POTENTIAL TRAILHEAD @ UPHIll GRADE > > > > > Highlands "'-"--" = Heather Downs MAJOR PEDESTRIAN TRAILS 0 O. 0 MINOR PEDESTRIAN TRAILS 0 0 6 MIXED USE TRAILS OEBO~ PARKS/GREEN BEL TS ~ ~ o .25ml CENTRAL RENTON LOCATER MAP' r.!lllil 1@IiHjlll .50ml .75ml 1.00ml Mapf~,«ood Heights ~ NORTH~ ~ Proposed Acquisition City of Renton BLACK RIVER RIPARIAN FOREST Parcel Numbers Acreage Type of Acqulslton LB/dlf 93-167df(c) 3 5.37 4 5.83 North 1/2 (6) 3.01 Total Acreage 14.21. Fee Simple Fee Simple Fee Simple SLIDE SCHEDULE City of Renton Black River Riparian Forest· 1. Pertaining to Question LB. --High Visibility Aerial view looking west toward project area. Slide taken above the Intersection of 1-405 and S.R. 167. Oakesdale Avenue to the South (left). Duwamish Valley in background. Empire Ridge and S.R. 900 to north (right) of site. 2. Pertaining to Question II.A.(3) --Scenic Resource View looking northeast toward Great Blue Heron Rookery and riparian forest. Pond/wetland in foreground. 3. Educational Opportunities Field trip conducted by Renton Citizens' for Wildland Preservation as part of existing agreement with the City. Viewing nesting birds/herons. 4. View of existing side channel and grasslands. 5. View looking north and east overlooking the pond/wetland area. Riparian forest in background. LB/dlf 93-169df \ \