HomeMy WebLinkAboutBlack River Riparian Forest (Permanent Site Record) Memorandum of AGRMTI
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MEMORANDUM OF AGREEMENT
regarding
BLACKRIVER CORPORATE PARK
tracts A, B, and C
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Earl Clymer, Mayor
December 2, 1991
CITY OF RENTON
Planning/Building/Public Works Department
Lynn Guttmann, Administrator
To all recipients of the Final Environmental Impact Statement on the Black River Corporate Park Phases VII
and VIII.
Since the Issuance of the Black River Corporate Park Phase VII and VIII Final EIS (March 27, 1991) and the
environmental m~lgatlon document (May 27,1991), a number of conditions on the site have changed. In
response to these changes, an addendum to the FEIS has been Issued and the mnlgatlon document Is
hereby wnhdrawn and a new docJment substituted. ,
As referenced In WAC 197·11-600 and 625, the addendum, prepared prior to the City making a decision on
the proposal, adds analyses or Information about the proposal but does not substantially change the
analysis of significant Impacts and alternatives In the existing environmental document.
A Memorandum of Agreement (MOA) between the City of Renton, the applicant, Sierra Club, Seattle
Audubon Society, Rainier Audubon SOCiety, Citizens for Renton Wildlands Preservation and the Sierra Club
Cascade Chapter, Sammamish Group, Is Included wfth this letter. The MOA functions as an addendum to
the FEIS and as a MItigation Document for Impacts from the proposal.
A public hearing covering environmental Impacts of the project and mftlgatlon for those Impacts will be
held on December 17, 1991 at 9:00 a.m.
If you have any questions on the addendum or the public hearing please call Mary Lynne Myer at 235·2719.
Donald K Erickson, AICP
Secretary to the ERC
200 Mill Avenue South -Renton, Washington 98055
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November 20, 1991
HBMORANDUK OJ' AGREBMDIT
RBG1\RJ)IHG BLACltRIVBR CORPORATE P1\RK,
TRACTS A, B 1\HD C
THIS AGREEMENT ("Agreement") is made and entered into this
)0 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.
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November 20, 1991
Blackriver Corporate Park, located in Renton, Washington (IITracts
A, Band C"), 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 "P-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,
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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 lithe 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
(lithe 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
(IIHearing 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
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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") i 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
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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-1 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
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November 20, 1991
Rookery's future viability and the demonstrated mobility of the
Herons to other parts of the P-1 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 particular 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 the 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
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November 20, 1991
17. WHEREAS the City agrees to purchase 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
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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;
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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 mutual promises,
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
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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.
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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 environmental 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 plan 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 access, 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
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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. If 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
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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
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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
1. 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
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November 20, 1991
Modification 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-l 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.
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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
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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.
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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 ~eet 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
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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 stories from
finished grade, and will limit the height of the parking garage
on Tract B to four stories from finished grade. First City will
limit the height of the buildings on Tract A to four stories 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:
Construction.
a) Limitations Applicable Only to Major Outdoor
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
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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
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(such person to be known as a "Heron Expert") from a list of
persons that shall be agreed upon by the Parties within 90 days
of execution of this Agreement. 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 Limitation 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
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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 Desire
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
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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 Protective
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.
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November 20, 1991
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
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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
II.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.
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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,
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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 prainage and water Ouantity.
1. prainage 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-
I 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-l 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
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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.
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5. Wetlands Buffer. First City shall esta~lish a
~uffer around the old Black River channel wetland on Tract B
averaging 50 feet in width with no portion of the ~uffer to ~
less than 25 feet in width.
F. Conditions Regarding Traffic. Parking Garage and
Parking Construction
Traffic Mitigation Fee Credit. There shall ~e no
traffic mitigation fees required of First city for the Revised
Project.
2. Transportation Management Plan. First City will ~e
required to su~mit a Transportation Management Plan ("TMP") for
the Revised Project at the time of ~ui1ding permit applications
which TMP shall contain the elements and goals listed in Exhi~it
J, att~ched hereto and incorporated herein ~y this reference.
The TMP must ~e approved ~y the city's Development Services
Division in accordance with the elements and goals set forth in
Exhi~it J prior to the issuance of occupancy permits for any of
the ~ui1dings in the Revised Project. The City may not impose
TMP requirements for the Revised Pr?ject which exceed or are
inconsistent with those set forth in Exhi~it 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.
I for controlling construction transportation impacts approved ~y
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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.
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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 portion of Tract A is
being sold to the City pursuant to section V below.
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November 20, 1991
III. AGREBKEHT TO SUPPORT REVISEP 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 Approvals 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
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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 Approvals 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
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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 Approyals;
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
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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 Ayoid Third Party 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,
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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 (lithe City
Tract A Propertyll) under the terms and conditions set forth in
the Real Estate Purchase and Sale Agreement for a Portion of
Tract A and its attachments (lithe 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.
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v. CITY PURCHASB OF PORTIONS OF TRACT C
A. Purchase of the City Tract C Property. The city agrees
to purchase, and First city agrees 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
("the 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
described 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 Exhibit P and by
this reference incorporated herein. The option Agreement is
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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,
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which contingency may be waived by First city at its sole option.
c. Dispute 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 pismissal 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 -
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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
Goyerning 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 Descriptions
First ~ity 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 -
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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.
i "'l ~vew./'b ........ EXECUTED th s ~ day of ______________ , 1991.
CITY OF RENTON, a Washington
municipal corporation
By 1(,~ ~1St'&'--. Earl Clymer
Mayor .
ATTEST:
B 'X-n",:" '£I~ 'tHJ;~
AP~= TO FORM,
B _~~1/CL.+->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 J..o day of J.vt'MI'-lu..v
CITY OF RENTON, a Washington
municipal corporation
By =-~-=~ ______________ __
Earl Clymer
Mayor
ATTEST:
By ~ ______________________ __
city Clerk
APPROVED AS TO FORM:
By ':T~-:-:--:------------city Attorney
FIRST CITY WASHINGTON, INC., a
Washington corporation
By //£1£ -, ~J(g.wffil V. BEllAMY
Its IT
Its ___ .:::D~EAN~R~. E:;.R;;;IC;;.;.KS;;.:O:.:..:N~
VICE PRESIDENT
-42 -
, 1991.
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SEATTLE AUDUBON SOCIETY, a
Washington non-profit corporation
ByG.A~
RAINIER AUDUBON SOCIETY,
an unincorporated association of
citizens
CITIZENS FOR RENTON WILDLANDS
PRESERVATION, an unincorporated
association of citizens
By
Its
SIERRA CLUB CASCADE CHAPTER, a
Washington non-profit corporation
By 7S Q..))~ t\~
Its ~tJ-u.ffi ~
-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 corporation.
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.
c n and for t~state of
~~~~~~ residing at~Gt~
Expires: Y-i4-Y~
COUNTY OF KING )
On this ';;0 day of ~L!??~ ; 1991, before me
personally appeared GERRY ~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 ~nd for th~~S te of res~ding at _ ~
Expires: 7-'3---
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November 13, 1991
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 11fIi.< 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
and 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.
~~ NotarycJl and for t~he Stat~f ~. , residing at .__.
My Comnl1ssion Expires: I~ _ , .
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this .2 day of /~ber , 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.
-44 -
1n and for th~tate of
residing at . ~
Expires: -zW...-'1k:
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.
of
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Exhibit
A
B
C
01/02
E
F
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K
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N
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P
FC17S01Y111191JtLJr
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 8: 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::R~I~~~~~~~ONTAINS 525,535 SQUARE FEET OR
12.0646 ACRES. f
EXPIRES
FIRST CITY WASHINGTON, INC.
STEVEN A. HITCHINGS, P.L.S.
NOVEMBER 6, 1991
JOB NO. 91400/SUR 53-B
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EXHIBIT B BUSh •• cOEe a HITCHINGS. INc:.
LEGAL DESCRIPTION -TRACT B
That Portion of Tract D, Wash1ngton Technical Center, as recorded
in Voluee 122 of Plata, Pages 98 through 102, records of King
,County, Washington. lying Northerly of Southwest 7th Street as
deeded to the City of Renton by deed filed under Recorder's No.
8702100643, and Westerly of Naches 'Avenue Southwest aa deeded to
the City of Renton by deed fil:ed under Recorder'. No. 8702100644,
records of said County. ,-
F1rat City
BRK Job Nos. 86230 ~
April 29, 1997
ALH/surv. 17, 96230
86083
A/4 ,f'p,r.f':o/
. . .. -.
EXHIBIT C (
BUSJ r<OED IX HITCHINGS. INC. LEGAL DESCRIPI'ION TO TRACT C
NEW PARCEL 1:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANCE
4 EAST AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSH IP 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 VOLUME 122 OF
PLATS, PAGES 98 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 88°15' 00"
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, MILWAUKEE, 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 WHICH BEARS NORTH 38°15'05" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE AND SOUTHERLY LINE 346.30 FEET; THENCE SOUTH
71°29'03" EAST ALONG SAID SOUTHERLY LINE 912.08 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 89 °10' 25" WEST ALONG SAID NORTH LINE 81. 57 FEET TO
THE POINT OF BEGINNING, CONTAINING 5.0000 ACRES.
•
FIRST CITY DEVELOPMENT CORP.
APRIL 19, 1988
ARTHUR L. HITCHINGS
BRH JOB NO. 86114.04
SURV. 20A
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( BUSh .. ,OED IX HITCHINGS. INC.
NEW PARCEL 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE
4 EAST 101.1'1., 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 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,
101.1'1., 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 •
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NEW PARCEL 3
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWSSHIP 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 96 THROUGH 102, RECORDS OF SAID COUNTY; THENCE NORTH 86°15' 00"
WEST ALONG SAID NORTH LINE 1099.76 FEET; THENCE NORTH 1°45'00" EAST 400.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 66°15'00" WEST 350.00 FEET;
THENCE NORTH 71°42'49" WEST 218.66 FEET; THENCE NORTH 12°19'12" WEST 109.61
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 'IS" 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 BEGINNING; THENCE SOUTH 1°45'00" WEST 18.69 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 684.64 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
426.64 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~ 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°25'33" 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 BURLINCTON 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 CUR\'E TO THE RIGHT, THE
CENTER OF WHICH BEARS SOUTH 46°10'51" EAST HAVING A RADIUS OF 4,030.00 FEET,
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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 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 fO 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 TIlE 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 CURVE; THENCE CONTINUING
ALONG SAID SOUTH LINE ON A CURVE TO.TIIE 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 SOUTIlERL Y OF AND PARALLEL WITH THE CENTERLINE OF
THE EXISTING MOST SOUTHERLY TRACK OF TIlE 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;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,
W.M. ,. IN KING COUNTY, WASHINGTON, LYING WITHIN 30 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
,
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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 HOST 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°:L'34" EAST 157 FEET TO SAID
WESTERLY LINE; THENCE SOUTHERLY ALONG SAID WESTEf<LY LINE TO THE TRUE POINT OF
BEGINNING.
•
FIRST CITY DEVELOPMENTS CORP.
MAY 3 1989
'i'u"" ..... tu.VER CORPORATE PARK
NO. 86114.04/05
20A
7-%/-e-,
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( BUS~ ..• 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 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 NORTK LINE BEING ALSO
TKE 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 WITK A
RADIUS OF 853.34 FEET A DISTANCE OF 209.55 FEET; THENCE NORTK 12°19'12" WEST
·140.57 FEET; TKENCE 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 TKE SOUTK HALF OF SECTION 13, TOWNSKIP 23 NORTK, RANGE 4 EAST,
W.M., IN KING COUNTY, WASHINGTON, LYING WITKIN 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 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 "p,',,,,--, <~"" L. "IT~~~_ ~ ~ w oS ~ /
( BUSH .• <OED IX HITCHINGS. INC.
NEW PARCEL 5:
THAT PORTION OF THE SOUTH HALF OF SECTION 13, TOWNSIlIP 23 NORTH, RANGE 4 EAST
W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE I~TERSECTION 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 2080.77 FEET; THENCE NORTH 68.91 FEET; THENCE WEST
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 NORTl! 81°11'35" 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 LI~~ 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. ~ ~ C~. /#I~ t!). /.j'.?/o7" ~ j?O,?t:J
• if.f1iJf'11r. FIRST CITY DEVELOPMENTS CORP •
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NEW PARCEL 6
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE
4 EAST, W.M., KING COUNTY, WASHIN~rON, 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 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
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, TOWNSHI P 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 TIlE 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 TIlE 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 TIlE LEFT, TIlE 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 BURLIN~ON 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:
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1 NEW PARCEL 6 -PAGE 3
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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 1,916.19 FEET TO THE TERMINUS OF SAID
CENTERLINE .
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i~~TD~c;, .. 7;" ffi. I~ZJ()"-~t?/Z-
,f; CITY DEVELOPMENTS CORP.
1989
CORPORATE PARK
NO. 86114.04/05
20A
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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 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; 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 SOUTH 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, 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 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
CENTT\AL 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 CENTEIt 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' 4 5" 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
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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
I,S53.00 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 ° 4 2' 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 6,73S.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' OS" EAST
HAVING A RADIUS OF 1,922.10 FEET, AN ARC DISTANCE OF 17S.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 30S. 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. 7S FEET, AN ARC
DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09°41'4S": 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 S07.11 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'IS" 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 O~ EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
------------------------------
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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 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.
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NEW PARCEL 8
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 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 68°06'46" WEST 110.53 FEET; THENCE
NORTH 12 ° 16' 00" WEST 140.00 FEET; THENCE NORTH 19° 41' 48" EAST 80.00 FEET;
THENCE NORTH 0041'48"·EAST 240.00 FEET; THENCE NORTH 26°45'10" 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.
l!RlWNELL'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 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;
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 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
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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 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 A.'lGLE 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.
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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°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 •
CORP.
•
MAYes '91 07:52 BR&H 206 323 7135 I
BUSH, ROED Be HITCHINGS, INC. I
NEW PARCEL 9
THAT PORTrON OF THE SOUTHWEST QUARTER OF SECTION 13; TOWNSHIP 23 NORTH, RANGE I
4 EAST, W.M., IN KING COUNTY, WASHINGTON AND THAT PORT lOR 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 ADJOINll1G walCH
WOULD ATTACH TO SAID PREMISES BY OPERATION OF LAW, AND OF C. E. BROWlIELL' S I
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 FEn TO THE I
SOUTHEAST CO~~ER OF TRACT 26 1 RENTON SRORELANDS SECOND SUPPLEMENTAL HAPS 1958;
THENCE SOUTH 72°37'52" WEST ]82.60 FEET TO AN ANGLE POINT IN TIlE SOUTli LINE OF
SAID TRACT 26; TIlENCE NORTH 70°54'02" WEST ALONG SAID SOUTH LINE 73.51 FEf! TO
THE EAST LINE OF SAID C.E. BROWNELL'S DONATION CLAIM NO. 41; THENCE NORTII I
1°24'04" EAST ALONG SAID EASt LIm: 498.15 FEEt; THENCE NORTH 81°11'35" Io1':ST
26.31 FEET; THENCE SOOT!! 82°15'00" WEST 92.99 FEET; THENCE SOUn! 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; 'ffiENCE I
SOUTH 68°06'46" WESt .110.53 FEEt to tHE TRUE POINT OF BEGINNING; TIIDICE soun;
68°06'46" WEST 265.00 FEET TO A POINT ON A CURVE IlAVING A RADIUS OF 195.01
FEET, THE RADIUS POINT OF WHICH BEARS WESt; tHENCE NORTHWEStERLY ALONG SAID
CURVE 267.83; THENCE NORTH 78°41'24 WESt 117.64 FEET; TBEHCE NORTH 1°24'04" I
EAST 200.97 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BORLINGTON NORTHERN
RAILROAD RIGHT-OF-WAY, SAln POINT BEING ON A CURVE RAVING A RADIUS or
10,543.00 FEEt, THE RADIUS POINt OF WHICH BEARS SOOTH 36'50'42" EAST; THE"CE I
NORTIfEASTERLY ALONG SAID CURVE AND SOUTHERLY LINE 93.53 FEET TO A COMPOUND
CURVE; THENCE ON A CURVE HAVING A RADIUS OF 1,657.00 FEET A DISTANCE or 193.93
FEEt TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIOS OF 6,738.00 FEET A
DISTANCE OF 197.76 FEET TO A COMPOUND CURVE; THENCE ON A CURVE HAVING A RADIUS I
OF 1,768.00 FEET A DISTANCE OF 36.93 FEET; THENCE SOUTH 26°45'10" EAST 154.31
FEET; THENCE SOUTH 0°41'48" WEST 240.00 FEEt; tHENCE SOUTH 19°41'48" ""'EST
80.00 FEET; tHENCE SOOTH 12°16'00" EAST 140.00 FEET TO THE TRUE POINT OF
BEGINNING, CONTAINING 5.3332 ACRES, TOGETHER WITH AND SUBJECt TO AN EAS~~ I
FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS;
THAT PORTION OF THE SOUTH HALF OF SECtION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST,
IoI.M., IN KING COUNTY, WASHINGtON, LYING WITHIN 30 FEET ON EACH SIDE OF THE I
FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECtIOS 13, WITH THE
NORtH LINE or THE SOutH 650.00 FEET 'tHEREOF, SAID NORTH LINE BEING ALSO THE I
NORrE 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" IiEST
ALONC SAID NORTH LINE 1,626.50 FEET TO THE TRUE POINT OF BEGINNING; TH£.'!CE
NORTH 1°45'00" EAST 225.00 FEET; TBENCE ON A CURVE TO THE LEFT HAVING A RADIUS I
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 DISTASC!
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 rEET TO THE TERMINUS OF SAID I
CENtERLINE.
4-i(t'(. '. LO, -n)( P41"~e/.JJ7'20-t)1I8
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.!' '-.-1.1' C VIRST CITY OEVELOPMENTS CORP.
~ N . HV' KAY 4, 1988 V .. THUR 1. HITCHINGS I
;1. '. . RH JOB NO. 86114.04
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( BUSI. .OED & 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 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 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 Cf'I:JNTY 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 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:
(
BUS( lOED 8: 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° 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 J ,916.19 FEET TO THE TERMINUS OF SAID
CENTERLINE.
CORP.
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( BUSH'., ':)ED & 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 MAPS 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 8s015' 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.
,/:}~:~::;L·>·· Ct? ~X ~~. 377?1[) -o//t:,
;, .... <'">. .. ~~. , . ," ,;" i~\ I RST CITY DEVELOPMENTS CORP • ~,! I ~ . 'fY.; '/1 R£V. MAY IS, 1985
, ~ .. lJ • ~.J ARTHUR L. HITCH INGS
• , \.;~': ,f i BIlH JOB NO. 86114.04
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RENTON WAS~TOH ~
RRST CITT O'.'LOP""'T$ co.... ~
TRACT B
EXHIBIT 0-2
10-31-91
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- - - -- -
- ---- -- --- --
~ 40'
/' Evergreen Hedge, after 5e 7 years
. r-. Deciduous Tree, alter 5-7 years
30' 6 fI, fence \V/slals· 7r~1 Conifer Trea, alter 5-7 years see exhlblls for
Bark Mulch
parking 101
SECTION
~
':>'-7----------helghl of shrubs, conifer, & deciduous tree aillme of planllng (shaded)
iI=~=========~ aulamallc Irrfgatlon
lop of slape (varies)
~~~~;:f;:=J.=======-exlsllng planllngs 5' 10 40' laU
~ pond area
-
LARGE DECIDUOUS TREE' --' 0 Red Aldar (Alnus rubra) I Maunlaln Ash (Sarbus aucuparla)
12' 10 15'In height @ =20' o.c, C lombandQ Poplar (Populus nigra lIanca')
l parking 101 --",
& curb __
Bark Mulch ===;:J::.: -
;~. "!/ 6 fl. fence \V/slaIS--\l':!i'::8:':;lri=::J1t
see exhibits for ::;:::
locations :,,:::
o Vlna Mapla (Acer clrclnalum)
o Big leaf Maple (Acer macrephyllum) spread of shrub. conifer. &
cfeclduous tree at time of planting ;r~::=----COMFER TREE --" Grand fir (Ables grandl.)
". , 6' to 8'In height @ =t2' O.c, (J Douglas fir (Pseudolsuga menzlesU)
r:;---spread of shrub. conifer. &
deciduous. tree after 5-7 years
e Weslern Red Cedar (Thula pUcala)
r:::::,~ "'=,-'\;
curb Une ----;>t.:::::. EVERGREEN HEDGE -_. e EngUsh laurel (Prunus laurccerasus)
24· to 30· In helghl @ =5' o,c, 0 Strawberry Madrene (Arbutus uneda) automatic Irrigation
40' lineal Sec lion
typical
PLAN VIEW
underslory of hydroseed
eros!on control grasses
e Wax Myrlle (Myrica califarnlca)
TRACTS A & B . O't 10't ' 2~ 3°i
Rrst City Washington, Inc. Belhune e
BLACKRIVER CORPORATE PARK
Phase VII & VIII LANDSCAPE AREAS PLAN
NW86041/NW89017 10-4-91
Revised 10-31-91 EXHIBIT H
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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 B1ackriver
Corporate Park, First City shall prepare and implement a
T~ansportation Management Program (TMP). First City shall submit
the TMP to the City's Development services Division (DSD) at the
time of building permit app1ication(s) for the bui1ding(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. Goal. The goal of the TMP is to reduce employee sing1e-
occupant vehicle (SOV) trips made for home-work commuting purposes
by 10 percent from the default 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 710; see also adjustment procedures
described on page 8).
3. Implementation 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%) SOV
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%) SOV 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.c monitoring shows that these
measures are increasing HOV participation, they shall be continued
so long as they are increasing HOV participation, until the SOV
reduction goal set forth above is achieved.
FC1750J~J022JJ!lJ(
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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
WILDLAND,S PRESERVATION,
SIERRA CLUB CASCADE CHAPTER
Appellants,
v.
CITY OF RENTON
Respondent.
)
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) HEARING EXAMINER NO.
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). STIPULATION AND ORDER OF
) DISMISSAL
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WHEREAS the SEATTLE AUDUBON SOCIETY, RAINIER AUDUBON
SOCIETY, CITIZENS FOR RENTON WILDLANDS PRESERVATION, and SIERRA
CLUB CASCADE CHAPTER (collectively the "Citizen Appellants"),
FIRST CITY WASHINGTON, INC. ("First City"), and Respondent city
of Renton, each believe respectively that they are entitled to a
decision in their favor upon the merits, but at the same time
having given due consideration to the unavoidable delays and
hazards of the appeals before the Hearing Examiner, the expenses
connected thereto, and the best interest of all the parties, and
recognizing the desirability that the above-captioned appeal be
terminated without further litigation or expense to Appellants
STIPULATION AND ORDER - 1
BUCK & GORDON
902 Waterfront Place. 1011 Western Avenue
Searde. WashinitOn 98104·1097
(206) 382·9540
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and Respondent; and
WHEREAS the parties have agreed to a Memorandum Agreement
settling these appeals which has been attached to this
stipulation and which contains the environmental mitigation and
other conditions applicable to the proposed development of the
subject site.
NOW THEREFORE the parties hereby move the Hearing Examiner
for an Order dismissing this action and remanding the matter to
the City of Renton's Administration for processing of·a site plan
for approval in accordance with the terms of the Memorandum
Agreement.
DATED this ____ day of ________________________ , 1991.
FIRST CITY WASHINGTON, INC.
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CITY OF RENTON
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AUDUBON SOCIETY
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STIPULATION AND ORDER - 2
BUCK & GOROON
902 W:acerfronc Place + 1011 Western Av~ue
Seactle. Washington 98104·1097 I
(206) l8J.9140
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CITIZENS FOR RENTON WILDLANDS
PRESERVATION
By
SIERRA CLUB CASCADE CHAPTER
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ORDER
THIS MATTER having been considered on the attached
Stipulation of the parties; .
IT IS HEREBY ORDERED that this matter be remanded to the
City of Renton for processing of a site plan approval in
accordance with the.terms of the Memorandum Agreement.
AND IT IS FURTHER ORDERED that this action be dismissed
without cost to any party.
DONE at Renton, Washington this ____ day of ______________ _
1991.
STIPULATION AND ORDER - 3
RENTON HEARING EXAMINER
BUCK & GOROON
902 Wacemonc Pllc:e • 1011 Western Avenue
Suede, Washinacon 98104·1097
(206) 382.9l4O
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Presented by:
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" 5 Lawrence Warren
Attorney for Respondent
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Approved as to Formi Notice
7 of Presentation waived:
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Amy L. Kosterlitz
10 Attorney for Appellant First city Washington
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Susan Krom
13 Appellant citizens for Renton's
wildlands Preservation and Sierra
14 Club Cascade Chapter
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Appellant Seattle and Rainier
Audubon societies
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STIPULATION AND ORDER - 4
BUCK & GORDON
902 Waterfront Place. 1011 Wesu:m Avenue
Seactle, Washington 981Q.4·1097
(206) 382·9540
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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."
FC17S0J~J028J-tLJ(
EXHIBIT H
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 1, 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)
c)
d)
e)
f)
g)
Environmental Goals (above)
Work Plan
Performance Standards
Monitoring Program
Contingency Plan
Performance Bond
FC175010110291J!LJ(
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November 20, 1991
BXHJ:BIT H
REAL ESTATE PURCHASE AND SALE AGREEMENT
FOR A PORTION OF TRACT A
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. Description 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 Al and legally described in Attachment Bl, 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/l00 Dollars
($1,461,600.00), payable as follows:
3.1 The amount of One Million Two Hundred Ninety-four
Thousand Two Hundred Seventy-two and NO/l00 Dollars
($1,294,272.00) in cash to be paid at time of closing.
3.2 The amount of one Hundred Sixty-seven Thousand
Three Hundred Twenty-eight and NO/l00 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
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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
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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
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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.
s. 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
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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 ta~ 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 physical 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. 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
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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-defau1ting 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
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
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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 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.
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 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 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 bind 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 Agreement; 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.
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SELLER:
FIRST CITY WASHINGTON, INC.,
a corporation
Its: DEAN R. ERICKSON
VICE PRESIDEN I
November 20, 1991
PURCHASER:
THE CITY OF RENTON, a
mun a1 corporation
o AS TO FORM:
ATTEST:
-13 -
A1
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B1
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FC17SOJ 1AN112lJJ.tJik
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
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. J
ATTACHMENT A-l
TO EXHIBIT N
CITY TRACT A PROPERTY
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WEST 367.02 0-.
A,S'32'43H
R:922.73
L: 89. 30S
A e ..... ,&'".
Rt 172.95
L:. 133.74
CITY
PARCEL
'" ~~. $ ($ f ~($O.9~ "'f;)_ "'>0 C:-, o Sf!, ~ I( ~.sD ~ "6.'sI" ~(~
~k_l_271. 76~ _____ _ ~ ----CSOUTH LINE OF' SECTION 13 °
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BUS~JtOED & HITCHINGS. INC.
CML I:NQINE£RS a LAND sUI!VI!'iORs aunu.. M8IlhQ1CM 1H-4144
JOB 91400 11-6-1991 I'M
POINT OF' BEGINNING
( REMAIN ING PARC EL I
ll: 13 I SO'3!'
R: 1003.00
L:242.33
At 14"S4'Q6'
Rt422.96
L:l10.00
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ATTACHMENT B-1 BUSH. ROED&HITCHINGS,INC.
TO EXHIBIT N
LEGAL DESCRIPTION -CITY TRACT A PROPERTY
THAT PORTION OF THE SOtrrHWEST" QUARTER OF SECTION 13, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.H. ~ KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE HOST 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 COONTY, WASHINGTON, SAID WESTERLY
CORNER BEING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF
SAID "TRACT A" WITH A LINE DESIGNATED "PERMANENT EASEKEN'l' BOUND-
ARY" ON U.S. DBPARTHEN'l' OF AGRICUL'l'URE, SOIL CONSERVATION SERVICE
HAP, SHEET 1 OF 3, ENTITLE "LAND RIGHTS WORK HAP, 1'-1 CHANNEL,
EAST SIDE GREEN RIVER WPP, CITY OF RENTON, KING couNTY, WASHING-
TON;" THENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF
WHICH BEARS NORr.B 5-24'02" EAST 165.04 FEET A DISTANCE OF 112.06
FEET TO A POINT OF ~E CURVE, THE RADIUS POINT OF WHICH BEARS
f:1lU'l'H 44 -18 '11" WEST 172.96 FEET; THENCE ALONG SAID REVERSE WavE
AND SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367.02
FEET TO A LINE WHICH BEARS NORTH FRON A POINT ON THE SOU'l'H LINE
OF SAID SECTION 13 WHICH IS 1,271.76 FEET EAST OF THE SOU'l'HWEST
CORNER THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY
LINE OF OAKESDALE AVENUE; THENCE SOU'l'H 70-46'34" EAST ALONG SAID
NORTHEASTERLY LINE 13.95 FEET TO THE BBGINHING OF A TANGENT CORVE
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'HEASTERLY KARGIN SOtJ'l'H
I 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
I 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
I 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
I SAID "TRACT A" OF THE PLAT OF WASHINGTON TECHNICAL CENTER; THENCE
SOOTH 60-31'21" WEST ALONG SAID NORTHWESTERLY LINE 86.76 FEET TO
THE BEGINNING OF A TANGENT CURVE TO THE RIGHT THEREON, HAVING A
I 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 BBGINNING.
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THE ABOVE
ACRES.
162,400 SQUARE FEET OR 3.7282
~:RST CITY WASHINGTON, INC.
STEVEN A. HITCHINGS, P.L.S.
NOVEMBER 6, 1991 (REVISED)
NO. 91400/SUR 53-8
ATTACH!1ENT B-2
TO EXHIBIT N
BUSH, ROED 8: HITCHINGS, INC.
LEGAL DESCRIPTION -10' WIDE LANDSCAPE EASEHENT
CITY TRACT A PROPERTY
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THAT PORTION OF THE SOtJTHWEST 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 SOUTHWESTERLY LINE OF "TRACT
A" OF THE PLAT OF WASHINGTON TECHNICAL CENTER, PER VOLUME 122 OF
PLATS, PAGES 98 TO 102, RECORDS OF KING COUNTY, WASHINGTON;
THENCE NORTHEASTERLY ALONG A NON-'1'ANGENT CURVE TO THE LEFT HAVING
A RADIUS POINT walCH 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 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 AND THE TERMINUS OF SAID DESCRIBED
LINE.
FIRST CITY WASHINGTON, INC.
STEVEN A. HITCHINGS, P.L.S.
NOVEMBER 6, 1991
JOB NO. 91400/SUR 53-B
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$167,328.00
ATTACBKEJIT C TO
BDIBIT II
JlR0Ja:880RY IIOTB
November ____ , 1991 Renton, Washington
FOR VALUE RECEIVED, the undersigned promises to pay to the
order of FIRST CITY WASHINGTON, INC., a Washington corporation, at
its principal office located in the city of Seattle, Washington, or
at such other place as any holder hereof may designate, the sum of
One Hundred Sixty-seven Thousand Three Hundred Twenty-Eight and
no/100s Dollars ($167,328.00) in lawful money of the United states,
together 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 eighteen 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 securing 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 legal holder
of this Promissory Note, the whole of the principal sum then
remaining unpaid, together with all interest accrued thereon, shall
become immediately due and payable without notice, and the lien
given to secure its payment may be foreclosed. Failure to exercise
this option, or any other right the holder may, in such event be
entitled to, shall not constitute a waiver of the right to exercise
such option or any other right in the event of any subsequent
default. If this Promissory Note is placed in the hands of an
attorney for collection or is collected through the Probate Court,
the Bankruptcy Court or through other legal proceedings, the
undersigned promises to pay a reasonable attorney's fee, whether or
not suit is commenced.
The undersigned waives demand, protest and notice of demand,
protest and nonpayment.
Notwithstanding anything to the contrary set forth herein, the
undersigned 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 securing
payment of this Promissory Note. The holder agrees not to assert
or claim a deficiency or other personal judgment against the
undersigned, 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\7S0JI01J20J.ADB
THE CITY OF RENTON, a
municipal corporation
By:
--·It~s~:-------------------------------
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A'M'IIOiMENI' 0 TO EXHIBIT· N
IronsomorlCo Iitio Insuronoo Go
2'rcwofMt"kG C''''~'io~ T A 8trt1l" ./ ..
FUed for Record at ReqU08t of
NIIlD •....... " .. " .. "AIiIlI,.L •. ..Ko.s.tetlltz ........ ".,., .............. ,,'_ ........ , .. , ... ,
Buck • Gordon
Add ........... " ..... l.Oll"we.atetll.AYeruJe ... SUlte .. .9.02 ................... ..
City and Stete .. 5ea.ttle. .... WI\. ... .!IBlD.L ............. , ............................. "
Deed of Trust
......................................... , .
, ,
,
THIS spAa PIOVIDID fOI ueelDU'S uS(,
..... _-_._--............................... _----_ .. .
(For U .. in Ih. S,.,. 0/ Walkinglon Only)
THIS DEED OF TRUST. m.de thia .................. day 01... .................................................. 18.9L ..... botween
:lml .. C~r.r. .. QI:' ... I.IIImw., ... A .. JI\II,nl!1.IP.\\~ .. !;!;>Jll\lKl!.U.9.n ................................................................ GRANTOR,
"hOle odrl .... I •... ~.9.9. .. ~Ul .. M~!).\!P. .. Il9.\!~h, .. .R..~.n!;!1n.,.J'~~I!J.(\g!;!1n ..... ~~.Q.~~ ............................................ ,
TRANSAMERICA TITLE INSURANCE COMPANY. a corporation. TRUSTEE. wh .... dd ..... is
1200 Sixth Avenue. Seattle. washing tal. and . .F.IBs:J: .. CIT.t .. WASIiINGl'al ... INC .... a. ................... .
Wa.sh1n;tan .. ~$;ll:PQra.tlcn .................................................................................................... , BENEFICIARY,
whOle a,hlr ... 1 •... .7.QO .. F.l.fth .. ll.v.enue .... .5u1.t.e. .. 60DD .•.. .5eQ.t.tle •.. WlI .... 9BJ.Q~ ............................................ ,
WITNI'.sSIlTH: Grantor hereby barg.ins, .eUs and conyey. to Trustealn Trult, with power olsalo, ths
following d .. cribed re.1 pro"erty in .......................... .llAns ............................................. County, Waahlngton:
see Exhibit A. attached hereto and by this reference incorporated herein.
which r •• 1 property ia not uoed principaUy for .. ricultural or larmlng purpooos, tog.th.r with .U the ten·
emonta, heredltamenta, and appurtenancea noW' or hereafter thereunto be)onlln. or In an,y wiH apper-
tainlnl, and the renta, l .. uII and profit. thereof.
Thl. deed Is lor Ih. purpo.e 01 s&curing p.rlormenee of e.ch .greement 01 ,r.ntor h.,.ln contained. and
Twenty-eight and NO/lOa p.yment 01 tho .um ol..Q1~.liund.r.ecl .. S.l.ltt¥:lIay.en .. :rIJ.Q\J"~nli. . .'rhKIm .. Hl!IlgJ.'IloU.n (f.16 •• 318 .. 00.)
with Interest In accordance with tho terma of a promiaaoQ' nota of eyen d.te h.rowith, payabl. to Bane.
ficiary or order, and made b,y Grantor, and all runnals, modifications and utenslons thereof, and also
such turther surna as may be advanced or loaned by Beneficiary to Grantor, or any of their 8UCC8llOfI or
at&8ilns, together with intereat thereon at IUch rate u ,h:ul be agreed upon.
To protect tho .&curity of thia Dud 01 Trust, Gr.ntor covanante and .g .... :
1. To keep the proparty In good condition and repair; to parmlt no wasta tharcof; to completa any
building, Itructure or Improyement boing buUt or about to b. built thereon; to ... tore promptly any
buildlnl, .truclure or Improysment thereon which may be dama~ed or deotroyad; and to comply with
.U laws, ordln.nces, regulaUons, coyenanla, condlUona and ... tricUona aaacUn. tho property. .
...............
...... -
2. To PI)' belor. d.llnquent .11 'awlul ta .... nd lIHIIm.nt. upon I.ho proper'),; 1.0 keep the ,.roperty " .. and el •• r of .\1 ulilur
char .... UII'II or .DCwnb,anCN impairin. the lOCulHy of lhll Doed 01 TrUlL
3. To ka.p .11 buildln,. now or h., .. fl.r "IIC,ed on th. plo~rly deecrlb.d ha"ln conU'!u,oualy INured •• ,Inal lou by tI,o. or other
h ... nJ. in In amount noll ... than thl LoI,1 dolll MCurlKl by 'hie Doed 01 TrUll. All pullclUli thall be hald by the Don.t1~ul')'. und
IHI in ,ueh companl •• II Ih. n.nendal')' me)' approvo .nd havo lOll payabla lIr.t to Iho nonellciel)" u III Inlo, .. 1 may OPPOtll, un!!
Hum 10 Iho O,gntor. Th_ umount cullocled unuor In), lnauloneo Iiolic), nw.y be Applied UllUn any IOO.b,Laduca iworClby aocUIUiJ !R .ueh
ordor AM Iho Bonol1claq .hlil d.lennin •. Such Ip(dicalion by tho O.n.nclal)' ,hAil ,nol Clluao dlacunllnuanco at Iny lirocoo,hnifl 10
10101::101' llall DMd ol Trutl In the event of loreclOlllue, ell ri,hta of the oronLer in In",reneo pollcilll th.n in lorCO ahoU pa .. Le thll
purchQ.Mr at the lorecloture &IIIle,
~, To defend any action or proceedln, purportln, lo atrect the IIIIcurUy ~ereol or the ri,hll or powell .1 Beneficiary or ~ruttoe, and
to pey all COlli and azpen.tOl, Includln, COlt 01 Utla March and attornay a leea In a raucn.ble amo ... nt. In any auch action or pro'
COCIdin', and in any aUU brou,hi by BenaAdary lo loreclo.a thit o.od 01 Trutl.
6. To pay all coale, I ... and UPfinaea In conn_Uon with thill Daad 01 Truat\ Includin, tho azpeNIII of the TrualN Incurred in on·
lorcin, the chli,aUon MCUrod heroby and TruatN'a and atlornoy'a , ... .clua I), Incurred ... provided b), alawle.
8. Should Orantor laU to pay when duo any laalll ....... m.nt., Inauronca premluma, Ilona an~mbranclll or othor char,h a/III 1'111
lhe prloll)lIrl), Iwrolntlbo"a duacllbMI~ DOlloRcl.ry may PA)' tho uma, and Uw amuunllO.P'lW, wilh Inlor.' QI UIO rllto Nt furlh II thll
11010 Neurad ho,.lIy •• hlllI be ad&.ICNI tu and becomo a part ", the d.lIt .. cufeld in thia D~d 01 TNIII..
IT IS MUTUALLY AGREEO THAT:
1. In tho ."oni any porUon of the pro~rty it lak.n or darn.,ad In an amln.nt domain plOCMdJllI, lha .nUra amount 01 lh. aw.rd
or .uch porUlln .. may be IMCaUry &0 lull)' .. Ully tI .. obll,.tion MClUrad herebY, abaU be ~Id &0 BanaAcfary to be .pplled to lAid
obll,ailon.
2. By .cc.pUnr ))IIym.nl 01 .ny aum lNCurad h.reby "ler ha due date, Baneficl.ry dOlI not wal". U. rl,ht to require prompt PlY'
mInt when due 01.11 other aUtnllO .ec ... rad or 10 dadaro dalault lor 'ailur. to 10 pay.
3. Th. Tru.t.. aball noonv,y .n or .1'1), par' 01 aha pro:r,.,ty oovered by 'hie DNeS 01 TrUi' &0 the penon enUUed ihanto, on wrlttan
"quu' 01 the Or.niGr and lb, B.na4clary, or upon .. n action ol Ole ebU,ation IOCUrad.nd written roqulllt lor reconvoy.n" mada
by th. a.naficiary or the parlOn .nUded thereto.
~. Upon daf.ult by Orantor in the paym.ni 01 any Indabt.dn ..... curad her.by or In tho perform.nce of .ny .,re.m.nt CIOnlotinad
h.,eln,.11 .UN .acured har.br. ahaU IlI1INdlaialy becom. due ond p.yabl.llt tllO opUon 01 the Bana4cl.ry. In auch .vantand upon
wrlUon raqulllt of D.nellcl,,)', T"",-•• h.1I "II the hUit proper')'. In accordance with tho DNd 01 TrUll Act. 01 the Slotta 01 WA.I!·
10,101'1 .• t public auction to the hl,hatt bidder. Any p.rlOn neapt T""Laa hIO..1' bid at TrUl ... • ... I •. TrualH ,hall apply tho procood.
01 tho .. I ... loIlow.: (1) to the npane. 01 the ula. Includln,. rouonabl. Tru.I •• ', fee .nd .ttom.y', IN: (2) 10 the oblillillioll
.ocuro" by 'hie Daod of TrUli: (3) the .urph .... II any, .Iwli be dlatributod 1.0 tho panona .nUlied thereto.
6. Trull ... hall d.U",r to tha purchAaar ai th ... 10 Ita d.od, withoul warronly. which .hllil convoy &0 tho putcl\4Nr Ih. inlol •• 1 in
Iho 11rolHllly which or.nlor had or h.d Iho power to convllY 01 the tlmo 01 hi. elOCution at Ihle Deed of Truei. ond luch .. h, mllY
hove IICtluirod thereaUer. 'rrutl .. •• deed ahall roci .. tile 'acta .howllll lhat Ih ... Ie Willi conducted in compll.nce with all Iha Til'
quitamenta at law .nd· of thl. Daad 01 Tru.l. which rocltnl ,h.1I ba prima laele .vil.lanc. 01 .uch compll.nce and conclUli"e ."ltJullce
therDaI in lovor 01 lIono Ado purch&Hr ami .ncumb,anCGra for ".1160.
6. Th. power 01 .. I. conl'rr.d by Illil Dead 01 Trult and by the D .. d 01 Trwt Act of tho Sloto 01 W .. hln,ton I. not '1'1 ollclu.ivo
nmel.lYi BeneftdaQl may caut. &hI. D .. d of Truat to be for_loaod .. a morllo",
7, In tha '''Dnl 01 the death. Incap.city, diaoblllty or r •• llnaUon 01 Trueto •• a.nllllclary mar. appoint in wrltin, • 'uccouor trwtllll,
and upon the recordin, 01 .uch .ppointment in tho morlle,. rocord, of tha county In wh ch thi. D.ad of Truat " r.corded, the
lucceuor hut'" .hall be "utad with 1111 pow'rl 01 the orilinal 'rutl}ll, Th. trUI'" " not obU,otad to notify .ny par'r hor.to of
p.ndin, .. I. under any other D.od of Truat or 01 .~ .ction or procoedln,ln which 0111'1 tor, Tnul.aa or Baneficiary .hal be. pllly
unlau .uch action or plOC6ldlnl I, brou,ht by tho TrUl.... .
8. Thl. D.ed 01 Truet appliu to. Inur. to lb. benefit 01. and I. blndln, not only on the porU .. hor.to but on th.ir hoill. davla.OII
ID,al ... , admlnlah.torl, .1:1,1.1&0,. ond uai'M. Th. lolm Bon.Rcilry ..... 11 mean tho holder.nd owne~ 01 the 1\01. lOCured hlroby:
whethor or not named .. Ben.ficiary h.roln.
:~:~::'~~_~~:~:: ... ___ ..... J ...
On thiI day PIIIl'IOnally appeared boloro me
'~';~Mk~;;-;·;"th;-i;i;id~·;j'd·;;ib;dM'j;;~
who ... cuted the wJthln and 10ro,oJ", lutNlDGnt.
and acknowlod,ed that ................ liined the tame
.. ....... M ...... " ... " .. tr ... nd voluntary act and dead,
(or tho \&lei and purpoaea th.r.la mentioned.
GIVEN undor my hand .nd oIBdal ... 1 Ih1a
...... day OI ... M .......... " .. " ........ " ...... _ ............. , 18 ....... ..
.. '···· .. N·~~·;y··p~ii·o·in ... ~··;~~ .. lh;·s·ilj;. .. ~,.wUh~
I"'ton. rllidln, .t ............ " ................. _ ............... .
.Tlll:: .. ClTI ... Of. ... llllN'mlL .......... _ .......... _ .................................................. .
By:
Itst ........................................ .
:~~::.~::~~: ......... _ .... J .. .
On lh1a ....... _ ........... day of .. " ....................... M ................................... , 18 ............ .
betore IQO, the Wldanl,nod. a Nolotry PubUo In and 'or lba Btate 0' W .. h·
Il\Iton, duly oommialonad and aworn, ~nonaUy appeared .............................. "
and ....... _ .... _ .. ___ ....... __ ................................. _ .. _._. __ .... ___ .. _ .......................... .
to me known to be lh ............................. P....wont and ....... " .................. 8aor.t.ary.
reapoct.lvaly 01 ...................................... _ .... _ .. _ ....... _ ......... _ ........ _ ....... _ ................ .
the corparaUon Ihot azeeut.ad tho lorqol,., luln&ment. and ackDllwlad,ad
the .. Id lnatrumant to be tha h.a .nd voluntary act and dead 01 .. Id Ulrpor-
.Uon, lor the ...-111 and purpoMl thareln menUonad. aAd on oath atoted thol
.............................. authorl&Od to .ncut. the .. Id InetlWll.nt and thai the .oal
.abed La the oorporote ao&l 01 oaId corporaUon.
Witnou my hand and olIldal ... 1 IuIr.to .mud the day and yeor Ant
obov. wriltan..· .
N ............ " .. • ........ N~ .. .a;;Mp~biic·r;;· ... ~ .. ;;;~·U;; .. 8&;;~:rw;;bt~·t,;;~ .................. -.. .
raoldlnr .L ................... : .................. _ ..... " ............................... .
REQUEST POR PULL RECONVEY ANCI!
DQ no' riCOI'd. To H w..d only WMII 110'. h4I b •• 11 pGtd.
TO, TRUSTEE.
The und.nl,nad I. Ih. le,.1 owner .nd holdar 01 "18 note and .11 other Ind.btodnllll aacurod by tho within Dead of TruaL Said
no", to,Dlh" with on other Ind.J,tadnou MCUrad by .aid Dead 01 'l'nIat, baa bean fully pGild and .. t1tAod; and you aro hereby roo
qUlllled Ind dlroctad, on paYEn.nt to'J0u of ID)' IUJDI ow1nr to yOu under the lenna 01 .. id Dead 01 Tnut. to cancel .. Id nolo aboVD
mentioned. and aU olhar evldenCOI Ind.btadnau aecurad by .. id Dead 01 Truai dallvered &0 )'ou herewith &oj:.l.her wJlh tho .. id
need 01 True&, .nd to recon".y, wHhout w.rranty. to the parU .. dael,naiod b)' IhD &orrnl 01 aa1d Dood 01 T~I, .n the OIlata now
h.ld by )'01.1 tharewidor.
0 ......................... _ ................. __ ........ 19 .......... .
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", .' .,~ .1 ' •• . ,. ,'-.":
STATE OF _____ _ )
) ss. COUNTY OF ____ _ ~
I certify that I know or have satisfactory evidence that THE
CITY OF RENTON siqned this instrument, and on oath stated that
he/she was authorized to execute the instrument and acknowledqed
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 ____ ~~---, residinq at ________ _
My commissIon expires: ________________ _
ATTACHMENT E
TO EXHIBIT N
LEGAL DESCRIPTION -TRACT A
BUSH. ROED 8: HITCHINGS, INC.
THAT PORTION OF THE SOtrrHWEST 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 "PERHANEN'l' 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 B~
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 u~~/~~~~~ 12.0646 ACRES.
L_~>;RES 1/27/0, 7.
NS 525,535 SQUARE FEET OR
FIRST CITY WASHINGTON, INC.
STEVEN A. HITCHINGS, P.L.S.
NOVEMBER 6, 1991
JOB NO. 91400/SUR 53-B
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ATTACHMENT F
TO EXHIBIT N
BUSh. .cOED 8; HITCHINGS. INc.
LEGAL DESCRIPTION -TRACT B
That Portion of Tract D. Waahington Technical Center ••• recorded
in Vola.e 122 of Plat •• Pagea 98 through 102. record. of King
. County. Wa.hington. lying lIortherly of Southwe.t 7th Street ••
daedad to tha Clty of Ranton by daed filad under Racorder'. 110.
8702100643, ana We.terly of lIaches Avenue SOuthwe.t a. deeded to
the City of Renton by deed fi~ed under Recorder'e No. 8702100644.
record. of •• ld County.
Flrat City
8RH Job lIoe. 86230 " 86083
April 28, 1987 Nq 8P,.r.~'/
ALH/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 (lithe C ty") and First City
Washington, Inc. (IIFirst Cityll).
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 II 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 lithe City's
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Fillingll), 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. Coyenants 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
,/ ,/, 1//1
By: J'\///)"j}/a~
ItS:'~ ,/)
By: /~ --~--------------------~
Its: __ ..IoDu;,.EANI:II.LIl.R JE~Ru.ICoAKSi)lO",NlI--__
CITY OF VICE PRESID£NT RENTON
By:
Earl Clymer I
Mayor " "-..
-2 -
ATTEST:
FORM:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
. On this day of _________________ ' 19 ,before me
-and personally appeared
---o~f~t~h-e--c-o-r-p-o-r-a-t~io--n~t~h-a~t--e-x--ecuted the within
-a-n~d~f~o-r-e-g-o-I~n-g--I~n-s~t-r-um-ent, 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
:-:M""y--=c""o-mm-"i-s-s""i-o~ residing at ____________ _
Expires:
- 3 -
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STATE OF WASHINGTON )
I· .' .
1 ) ss.
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COUNTY OF KING )
FC17S0J~JJJ4JJtlJC
NOtc~ P~C #'i antror l State of \\''x\~WJ.(J:im, , residing ato~
My comm!I"ssion Expires: ..... ) ..... _~' ..... 9 ... W-9 ... Cj"i:j .... _-'--__ _
- 4 -
.. APPENDIX A TO INDEMNITY AGREil'1ENT
~lL DKBCBIPTXON
BLMD:tVBIl CORl'ORA
THAT PORTION OF TJIB SOtl'l'HWBS'l' QU
NORTH, RANGE 4 EAST, W.K., KINO
NORTHWEST QUARTaR OF SECTION 24
SCRIBED AS roLLOWS:
BUSH. ROED & HITCHINGS. INC.
l'AJUt -POSB VUI
£R OF SECTION 13, TOWNSHIP 23
OUNT~, WASHINGTON, AND OF' THE
SAID TOWNSHIP AND RANGB, DI-
BEGINNING AT THE INTERSECTION OF THE SOOTH LINB 9F SAID SECTION
13 WITH THE SOOTRWBSTERLY·LINE 0 ~CTA,WASHINGTON TZCHNICAL
CENTER AS RBCORDED IN VOLUME 1 2 OF PLATS, PAGES P8 '1'0 102,
Uc:oaos 07 SAID COUNTY; THENCE R'l'HWESTERLY ALONO §AID SOUTH-
WESTERLY LINE AND ON A CURVE 0 WHICH THE RADIOS POINT BEARS
NORTH 5S 6 3S'2S b EAST 422.96 FE '1', A DISTANCE OF 87.91 PBET;
THENCE NORTH 22 6 26'02 n WEST ALONG SAID SOUTHWESTERLY LrNE 263.09
FEET TO A LINE DESIONATED "P EN'!' EASBKENT BOUNDARY" ON U.S.
DEPARTMENT OF AGRICtlLTURE, SOIL NSERVATION SERVICE MAP, SHEBT 1
OF 3, BNTITLED aLANO RIGHTS WOR MAP, P-1 CHANNEL, EAST SlOB
GREEN IUVER IfP!', CI'l"Y OF RlmTON, NG COUNTY, WASHINGTON; to THBNCE
ALONG SAID LlNE AND ON A CORVE, HE RADII"-S POINT OF WHICH BEARS
NORTH 5 6 24'02" BAST 165.04 FEBT, DISTANCE OF 112.06 FEET TO A
POINT OF REVERSE CURVE, THB RAD US POINT OF WHICH BEARS SOOTH
44 6 18'11" HEST 172.t6 FUTi THEN E ALONG SAID REVERSE CURVE AND
SAID LINE 133. '74 PEftI '!'HENCE' WES ALONG SAID LINE 367.02 nET TO
A LINE WHICH BEARS NORTH PROM A INT ON THE SOUTH LINE OP SAID
SECTION 13 WHICH IS 1271.76 FE EAST OF THE SOUTHWEST CORNER
'l'HEREOF; THENCE SOOTH 133.36 FEE TO THE. NORTHEASTERLY LINE OF
OAKESDALE AVI!NUE; THENCE SOUTH 7 046'34" EAST ALONG SAlD NORTH-
EASTERLY LINE 13.95 FEET TO THE ~EGINNING OF A TANGENT CURVE TO
THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING 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~ FEET ~O A POINT OF TANGENCY
THEREON; THENCE CONTINUING ALON~AID NORTHEASTERLY MARGIN SOUTH
65 0 13'51" EAST 778.46 FEET TO T B SOUTHWESTERLY LINE OF SAID
,TRACT A, WASHINGTON TECHNICAL ER; THENCE NORTHWESTERLY ALONG
SAIO SOUTHWESTERLY LINE AND ON CURVE TO THE RIGHT HAVING A
RADIOS OF 422.96 FEET, A DISTANCE 1oF 110.02 FliT TO BEGINNING.
'l'OCImIER WITH TRACT A OF THE Pt.A'l'OF WASRING'l'ON TECHNICAL CENTER,
AS PER PLAT RECORDBD IN VOLUKE l22 OF PLATS, PAGES 98 THROUGH
102, RECORDS OF laNG COUNTY.
EXCEP;t THAT PORTION DESCIUBED AS OLLOWS;
BEGINNING.AT THE MOST WESTERLY C RNB~ OP TRACT A, PLAT OF WASH-
INGTON TECHNICAL CENTER AS RECOlU) D IN VOLUME 122 OF PLA'l'S, PAGES
98 TO 102, RECORDS OF KING CO Y, WASHINGTON, SAlO WESTERLY
CORNBR 8BING AT THE INTBRSECTIO OF THE SOUTHWESTERLY LINE 01
SAID "TRACT A" WITH A LINE DESIGN TEO "PE~ EASEMENT BOtINI)-
ARY" ON U.S. DEPARTMENT OF AQRIC TURE, SOIL CONBERV7'.TION SBRVICE
MAP, SHEET 1 OF 3, EN'l'ITLE "~;~RIGH'l'S WORK MAP, P-1 CHANNEL,
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flUSH. ROEC 8: HITCHINGS. INC.
EAST SIOS GREEN RIVER IfPP, CITY RENTON, KINO eotlNTY, tfASHlNG-
'l'ON;" 'rHENCB At<ONG SAID LINE AND N A CURVE, THE RADIOS POIRT OF
WHICH BEARS NORTH 5 6 24'02" EAST 1 5.04 FBET A DISTANCE OF 112.06
FBE'r 1'0 A POINT OF RBVERSE c:t1RVB, THE RADIUS POINT 01' WHICH BBARS
BOom 44 619 '11-WBS'l' 172.96 lUT I THENCE ALONG SUD RBVBRBB c:t1RVB
AND SAID LINE 133.74 FEET; THEN E WEST ALONG SAID ttNB 367.02
,Jft TO A LINE walCH BEARS NORTH nOM A POINT ON THE SOU'1'II LINE .
OF SAID SBCTION 13 walCH IS 1,27 .76 FEBT BAST OF THE SOUTHWEST
CORNER TH~REOFI THENCE SOUTH 13 .36 FBET TO THE NORTHEASTERLY
LINE OF OAQSDAlrE AVENUE; 'rJIENCI 70 0 46' 34" EAST ALONG SAID
NORTHEASTERLY LINE U. 95 FBBT 1'0 OF A TANGENT ctJRVE
'l'O THI RIGHT, ALONG SAID LINE HAVING A RADIOS OP
92~.13 PEETI TH2NCS ALONG SAID A CSN'l'RAL ANGtl OF
5'32'43" AN ARc LENGTH OP' 99.3 TO'A POINT OF TANGBNCY
THEREON; 'THERCE CONTINUING, AloONG NOR'lHEAS'I'ERLY XPOIN SOtITH
65 6 U'51" EAST 28G.196FBBT '1'0 EGtNNtNG OF A NON-TANGBN'l'
CURVE TO THE LEFT HAVING A POINT WHICH BEARS NORTH
S 6 30'13-WBST A DISTANCE OF FEET; THENCE NORTHWESTERLY
ALONG SAID CURVB THROUGH A ANGLE OF 59 6 43'39" AN ARC
LENGTH OF 57.33 FIET TO A POI OF TANGENCY; THENCE NORTH
24 6 46'09" EAST 15.70 FEET; NORTH 89 6 30'04-EAST 214.53
FEET 'l'O THE BEGINNING OF A CURVE TO THE LEFT RAVING A
RADIOS OF 1003.00 FEET I THENCE ALONG SAID CVRVB THROt7GH
A cBIf'l'RAL ANGLE OF 13.50'35" AN LENGTH OF 242.33 FEIIT; THENCE
NORTH 29.28'39-WEST 207.28 TO THE NORTHWESTERLY LINE OF
SUD "TRACT A-OF THE PLAT OF TECHNICAL CENTERI TltENCE
SOOTH 60 0 31 '21" WEST ALONG SAID LINE 86.76 FImT TO
THI BEGINNING OF A TANGENT CURVE THEREOtf, HAVING A
RADIUS OF 165.04 FEET; THENCE AND WESTERLY ALONG
SAID CURVE THROUGH A CEN'1'RAL~2<~~~I~~. 34"52'41" AN ARC LENGTH OF
100.47 FEET TO THE POI~ OF B,
THE ABOVE DESCRIBED PARCEL COl~T~,I~S 363,135 SQUARE FEET OR 8.3l64
ACRES.
2
CITY WASHINGTON, INC.
uO'~EiiBEAR' XXTCHINGS, P.L.S.
i" 6, 1991
r;p'v" NO. HCOO/SUR 53-8
· ' ' .
APPENDIX B BUSh. .<OED 8: HITCHINGS. INc.
TO INDJ:MI'IITY AGREEMENf
That Port1on of Tract D, Washington Technical Center, a. recorded
1n Volume 122 of Plat., Pages 98 through 102, records of King
County, W •• hington, lying Northerly of Southwest 7th Street a.
deeded to the City of Renton by de.ed flled under Recorder'. No.
8702100643, and We.terly of Naches Avenue Southwest as deeded to
the City of Renton by deed tl~ed under Recorder'. No. 8702100644, record. ot .ald County. ~
Firat City
BRK Job Nos. 86230 ~
April 28, 1987
ALa/Surv. 17, 86230
86083
Ah, 4'P.rJ:D/
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November 20, 1991
BDZBI'l 0
REAL ESTATE PURCHASE AND SALE AGREEMENT
FOR 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
Description of Property. Purchaser agrees to purchase
,ller, and Seller agrees to sell unto Purchaser, the real
property commonly known as Lots 5, 7, 8, 9, 10 and a portion of
Lot 6 of Tract C of Blackriver corporate Park, in King County,
Washington, and referred to in this Purchase Agreement as the
"City Tract C Property," which property is depicted in Attachment
A and legally 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 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 Two Million Five
Hundred One Thousand Two Hundred Twenty-eight and No/IOO Dollars
($2,501,228.00), payable in cash at closing.
3.1 As additional consideration for the sale, Purchaser
shall at closing:
(a) pay directly or reimburse Seller for the costs of
surveying the boundary of a portion of Lot 6 of the city Tract C
Property, and preparing the legal descriptions therefor.
(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 remaining portion of Lot 6 of
Tract C not being purchased hereunder.
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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 mitiqation
credits to mitiqate 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 remaininq
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 ("Mitiqation Credits"), and those riqhts of entry or
easements that are necessary for Seller to utilize such
Mitiqation Credits on the portion of the city Tract C property
purchased with funds obtained by the City from the Kinq County
Open Space Proqram ("City Tract.C-Open space Area").
(b) Grant Seller Mitiqation Credits and those riqhts
of entry or easements that are necessary for Seller to utilize
such Mitiqation 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 Mitiqation Credits remains after Metro has used
its riqhts to mitiqate or disclose plans to utilize its riqhts to
mitiqate under that certain Aqreement 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
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Commitment. Purchaser shall have ten (10) days from receipt of
the commitment within which to notify Seller in writing of
Purchaser's disapproval of 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 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 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).
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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 paragraph 4
above, and also subject to the indemnification and release more
particularly set forth in paragraph 11 below.
6. Prorations. Taxes for the current year shall be
prorated as of the date of closing.
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. 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
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
Owners' Policy of Title Insurance shall be paid by Seller. The
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escrow fee shall be paid one-half (1/2) each by the Parties.
Purchaser shall pay recording fees and all other costs and
expenses normally borne by Purchaser. As this sale is to a
municipal corporation, no real estate excise tax shall be
assessed.
9. Possession. Seller shall deliver possession of the
city Tract C Property to Purchaser on date of closing.
10. Condition of Property. The Purchaser has inspected the
city Tract C Property ~nd agrees to accept the City Tract C
Property "As Is" in its present condition. Purchaser agrees and
acknowledges 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 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 C
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
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November 20, 1991
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. 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
Agreement, damages, rescission or injunction. Purchaser is
purchasing the City Tract C Property in its proprietary capacity
not its governmental capacity and therefor 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.
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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
1011 Western Avenue, Suite 902
Seattle, WA 98104
Purchaser: Mayor, City of Renton
200 Mill Avenue South
Renton, WA 98055
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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.
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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 Agreement or to exercise any right under this
Purchase 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 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 bind either Party unless it has been properly
authorized, executed and delivered by Purchaser and Seller.
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 Agreement; and that
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November 20, 1991
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 requlation 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 agreemer.~, 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.
SEI.T.ER:
FIRST CITY WASHINGTON, INC.,
a Washin on corporation
/'
Its: _______ ~~~~UT
viCE PRESiDEN I
Dated: L/l;u~ :1-1( 11tJ /
PURCHASER:
'/·1 v .
D t d '1',',\\\ \ '. a e: ''. '; .. t,1
" r" C \ .. 1.....\ '.,',
APPROVED AS TO FORM:
ATTEST:
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FCl1j()IIAOllotJl.AU(
ATTACHMENTS
Graphic depiction of City Tract C
Leqal description of City Tract C
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November 20, 1991
ATTACHHENT A
TO EXHIBIT 0
CITY TRACT C PROPERTY
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UJlIBIT P
OPTION AGREEMENT
November 20, 1991
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. Bglationship 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
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November 20, 1991
discretion, and execution of the Memorandum Agreement
t' .. rties 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, ~ashington, 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
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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 (ora portion
thereof).
3.4 Optionor Right of Approval. 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
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November 20, 1991
Optionor for the granting of easements as necessary for
utilities, landscaping, 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 regarding satisfaction of setback, yard,
landscape or other zoning code requirements on the property
remaining 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 Approyals. During
the Option Period, optionor may take actions and incur costs in
pursuing 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 during
the first year of the Option Period.
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 closing:
(a) Reimburse optionor for its reasonable costs and
expenses, if any, for pursuing development of the Tract C Option
Property during the second year of the Option Period, including
but not limited to architectural and engineering fees, consultant
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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
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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,
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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 closinq escrow with Escrow Aqent. 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 aqreed to by the Parties
(the "Closinq Date"), Optionee shall pay the consideration
specified in section 4, which shall include the Purchase Price
and reimbursement for development costs. On the Closinq 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 certifyinq that Optionor is not a
foreiqn corporation.
7. Title. Title to the Tract C option Property shall be
free of encumbrances or defects except the agreements for
mitiqation credits set forth above, a Memorandum of the
Memorandum Aqreement and other encumbrances, restrictions and
reservations of record approved by Optionee as provided below.
optionor aqrees to furnish to Optionee a standard coveraqe
Owner's Policy of Title Insurance, such policy to be effective on
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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 nCommitment") on the Tract C Option Property,
toqether 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
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November 20, 1991
declines or is unable to cure any of Optionee's objections within
the time period provided, Optionor will be deemed to have agreed
to cure such objections. Optionor shall have until closing to
cure any objections which it has agreed to cure. Optionor and
Optionee shall split any cancellation fee for the Commitment.
8. Condition of property. Optionee has inspected the
Tract C Option Property and agrees to accept the Tract C option
Property in its present condition, "As Is." Optionee agrees and
acknowledges that Optionor makes no representations or warranties
with respect to the physical 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 closing.
10. Closing. This purchase shall be closed in the Seattle
office of Transamerica Title Insurance Company (the "Closing
Agent"). 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 recording 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.
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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. 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 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:
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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
I transaction. Facsimile transmission of any signed original
document, and retransmission of any signed facsimile
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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
I Optionee or Optionor without the express written consent of the
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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
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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
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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
.0
Its: DEAN R. ERICKSON
VICE PRESIDENT
Dated: ~~ J..!, /{jet /
OPTIONEE:
ATTEST:
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FC1750J\APl/20J.ALK
November 20, 1991
ATTACHMENTS
Graphic depiction of Tract C option Property
Legal description of Tract C option Property
Notice of Termination of option
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ATTACHMENT A
TO EXHIBIT P
TRACT C OPTION PROPERTY
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It.1''d.C!HM~ C to DJlIIU'l' I'
.aua. 07 l'DlaD' 011 ,. 0"'1011
The City ot Renton ("optionee"
option granted to it by Fir.t city
datel! J'ovlllll:lOr 21, 1991, a ... orand
hereby qiv.. notice that the
aahington, Inc. ("Optionor-)
ot Which waa reool"ded = _________ ' 19 , unl!er
No. , roth. l"eal
A attaohea hereto, l"acords ot Xing
in Kin, county, "amington was not
Optionee neither baa nor a •• ert. an
or any olai. afaln.t the Optionol".
inq county Recorder'. Pile
aatate dascribed on Appendix
ounty, Wa.hington, situatad
erabed by Optionoe and
intarest to .aid real estate
In vitne •• "bareof, Optionee b • ca .. ed th:ia in.tl"uaent to
be executed thi. day ot , U __ •
OPTIONBE:
STATE OP WASHINGTON )
) ...
(X)tlNTY OF !tING )
On this day ot , 1991, betore ae
personally ap~ed • of
the .unio pal corpora on at exec e • wIthIn and toregoing
in.truaent, and acknowledged .aid i atruaent to be the tree and
voluntary act and deal! of said muni ipal ao~ation, for the
use. and puxpoaae therein aentioned and on oath atated tn.t ha
vaa authorized to execute Bail! inat uaent and that the Baal
affixad i. the otticial .eal ot sai aunicipal corpol"ation.
In witn •• a Whereof I have bare nto .. t my hand and affixed
by otticial •• al the day and year t rat Above written.
No c a tor the B a e of ..... ....,.,=~~, raail!inq at _____ _
on J!:lCpire.1
c00/c00d 6c!;'ON NClG;>IClf) '51 )nnf! qC':CT Th/T?/TT
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