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PHASE Ill SALES LOT OET AIL lr)>\r:Jlll!I. -----STORE NO. 7252 SITE PLAN C-10 ~By;"'-""' RENTON, WA ,.,,-. __ _ -~ -w•,010, ! l"'"I"""" ·=~.:= LANDSCAPE CALCULATIONS PLANT SCHEDULE '= _eJ.o it:W1 .x (?~ - - No. Date By Re't'ision~ ' ,<·{' ' ' l ' ' i ~°"'""'" 9 '·"'°""' ' ' ' ' > > > ' > ; \ '] (,-, --~ \I 1 "'"""" ""' "'"""'" 1: ri ' ' ~ ,· · ___ _ ....... ..... ~-0 <( 0 a::: j ~ I l ~ L ,-, .. I --;;. ' -/ -,---'.---U---~-. >-UJ ....J ....J <( ' ' ' ' ' ' ' ' ' ' ' ' ' ' > > > ' f > :~Ii>,; -Dab _., :~Bl'-Pfojl,CINO· ern,100-.•e• '·"""""' I. .. '. b]. __ · .. .---··_ ,. ' ., "/ ,,., .. ' ' .2-·' ~. ·, !~ b <lri{)il &)co···.· 'nncocob-._ ' lO '9111" ' ...,, e;.._ -• . ~ • ::::m~::ii~ ,i,, .. o:> CO ...,, ,._s , s· ;,y_. .• -~-;"•'Jal.-8 ~~--~-8·~ PARKING LOT ISLAND, (TYP.l , ·, . I '-----~ ,1, COLOR LEGEND ;~~~~,;~-~ SW 41ST ST ,;H~l'l,IC ~:·,11.f: •a•a•w-, CARmax > UJ PHASE Ill SALES LOT DETAIL I_ 111111 ! :Jll::1 (--;:) ' ; __ -/,'-_\',~---~ . ---· STORE NO. 7252 LANDSCAPE PLAN L-1.0 ,mw ...... ,,.,., -M """"-""""' TiM)>IMl:O 'J~;:;,'= RENTON, WA EX. A ;:! : ii! I • i ' 8R167 NEIO-l80RHOOD MAP CAFMAX AlffO SUPERSTOIES !ITTlRE t7252 :_;. ~ VALLEYRD. -- 3751 E. VALLEY RD. RENTON, WA CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 18, 2015 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: CarMax Auto Superstore LUA {file) Number: LUA-15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Cross-References: AKA's: Project Manager: Rocale Timmons Acceptance Date: May 7, 2015 Applicant: Mike Creekmore Owner: Regal Cinemas Contact: Amanda Steinle, Centerpoint Integrated Solutions PID Number: 1253600030 ERC Determination: DNS-M Date: June 1, 2015 A""eal Period Ends: June 19. 2015 Administrative Decision: Date: A""eal Period Ends: Public Hearing Date: June 23, 2015 Date Appealed to HEX: By Whom: HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial {CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theatre facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the orimarv sales lot. The Phase III Sales Lot contains 108 spaces and is located at th, 1theast corner of the property at tt >rner of SW 41st Street and E Valley Rd. Existing parking ~ .. d landscaping islands in the southw __ t corner of the site (Phase III Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase III sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 31 parking stalls allowed to no more than 352 parking spaces (244 stalls upon full buildout). The applicant is also requesting a lighting modification from RMC 4-4-060 in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification from RMC 4-6-060 in order to reduce the required dedication and improvements required along East Valley Rd. Finally, the applicant is proposing a variance from RMC 4-4-100 in order to site a 40-foot pylon sign. There are two Category 3 wetlands located along the western portion of the site. The applicant is not proposing impacts to existing wetlands on site. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parkino Analvsis. Wetland Studv. and Geotechnical Enoineerino studv with the subiect annlication. Location: 3751 East Valley Rd Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -------1111 ®1ThD;@l]l ~E;; DATE: TO: FROM: SUBJECT: MEMORANDUM May 14, 2015 Roca le Timmons, Planner Jan Illian, Plan Review gJl Utility and Transportation Comments for Car Max Auto Superstore 3751-East Valley Road LUA 15-000288 I have reviewed the application for the Car Max Superstore located at 3751-East Valley Road and have the following comments: EXISTING CONDITIONS WATER Water service is provided by the City of Renton. There is an existing 12-inch looped water main around the building that can provide 5,000 gpm. Static pressure available is 74 psi. There is a 2-inch domestic meter, a 2-inch irrigation meter and an 8-inch fire service serving the existing building. SEWER Sewer service is provided by the City of Renton. There is an existing 8-inch sewer main in E. Valley Road. There is an existing 8 -inch side sewer serving the building. STORM There is a 12-inch storm conveyance system in the parking lot and is connected to the City storm at the rear of the site. STREETS There is an existing 6 foot sidewalk and 8 foot planting strip fronting the site in East Valley Road. CODE REQUIREMENTS WATER 1. Water system development fees will be owed there is an increase to the size of the existing 2-inch domestic water, the 2-inch irrigation meter or the 8-inch fire line. Credit will be given for existing water meter(s) serving the site. SANITARY SEWER 1. Sewer system development fees will be owed if the there is an increase to the existing 2-inch domestic water. Credit will be given for existing water meter serving the building. 2. If floor drains are required by the building department, drains are required to be connected to the sanitary sewer system. Flows shall be directed through the floor drains that are installed in accordance H:/CEO/Planning/Current Planning/PROJECTS/15-000288 /Rocale/Plan Review Comments LUA 15-000288.doc Car Max Auto Superstore LUAlS-00 Page 2 of 3 May 14, 2015 with the Uniform Plumbing Code to an interior or exterior oil/water separator. The separator shall be sized to meet a minimum 15-minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. The oil/water separator shall be shown on the civil drawings. SURFACE WATER 1. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 2. A drainage report dated April 6, 2015 was submitted by Pacland Engineers with the site plan application. The redevelopment project is subject to Full Drainage Review in accordance with the 2009 King County Surface Water Manual and City and The City of Renton Amendments to the KCSWM, Chapters 1 and 2. Based on the City's flow control map, this site falls within the Peak Rate Flow Control Standard, Existing Conditions. The site is located within the Black River Drainage Basin. The site is located outside the 100 year flood plain and outside the Aquifer Protection Zone. The existing 12.28 acre site consists of 85% of impervious surface area (building and asphalt parking lot) and 15% (2.11 acres) of landscaping and wetland. Approximately 8.00 acres of the site is PGIS. The project is subject to a Level 1 downstream analysis. All stormwater runoff from the site drains to an existing combined detention and water quality pond located at the west end of the site. Enhanced Basic Water quality will be required in accordance with Core Requirement #8. The project will add 43,375 square feet of new PGIS which exceeds the threshold of 5,000 square feet. The engineer has proposed a Storm Filter system to meet the Enhanced Basic Water Quality treatment. The engineer has demonstrated the increase in the 100-year peak runoff is less than 0.1 cfs. 3. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 4. A geotechnical report dated February 7, 2014 was prepared and submitted by Zipper Geo Associates. Due to high groundwater seepage at certain times of the year, dewatering will be required. A permit from the City and King County Metro may be required if storm water will be directed to the sanitary sewer. TRANSPORTATION/STREET 1. Existing right-of-way width in this section of East Valley Road is 80 feet. This street has been identified as a collector street. To meet the City's new complete street standards, frontage improvements will include construction of an 8-foot sidewalk, 8-foot planter strip, curb, gutter, approximately 17 feet of pavement from centerline. The applicant has submitted a letter with the site plan application requesting a modification of the street standards allowing the existing 6 foot sidewalk and 8 foot planting strip to remain. Staff would support that request. 2. Street lighting meeting the City standard is required. 3. Traffic impact fees will be determined at time of building permit(s). H: /CED/Planning/Current Planning/PROJECTS/12-000193.Vanessa/Plan Review Comments LUA 12-000193.doc Car Max Auto Superstore LUAlS-00 Page 3 of 3 May 14, 2015 4. A traffic impact analysis dated April 61 ", 2015 was provided by TENW for review with the site plan application. The proposed CarMax project is estimated to result in a net reduction in weekday daily trips (-1,623 trips) with 39 net new trips occurring during the weekday AM peak hour (29 entering, 10 exiting), and a net reduction in weekday PM peak hour trips (-124 trips). The study intersections and stop controlled movements at the site driveways currently operate at LOS Dor better in the AM peak hour, and are expected to continue to operate at LOS Dor better in 2017 without or with the proposed CarMax project. City staff has reviewed the TIA and finds it acceptable. There are no significant traffic impacts as a result of this redevelopment project. It is noted in the TIA that existing weekday AM peak hour traffic counts were collected by All Traffic Data, Inc.; but, this information was not included in the TIA appendices. Traffic consultant will need to revise the TIA to include the traffic counts. 5. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. GENERAL COMMENTS 1. Separate permits and fees for storm connection will be required. 2, All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 3. A landscaping plan shall be included with the civil plan submittal. Each plan shall be on separate sheets. H: /CED/Planning/Current Planning/PROJECTS/12-000193.Vanessa/Plan Review Comments LUA 12-000193.doc ADVISORY NOTES TO APPLICANT LUA 15-000288 Application Date: April 30, 2015 Name: Car Max Auto Superstore Ran: June 18, 2015 Site Address: 3751 East Valley Rd Renton, WA 98057-4948 Page 1 of 4 ADVISORY NOTES TO APPLICANT LUA 15-000288 WATER Water service is provided by the City of Renton. There is an existing 12 inch looped water main around the building that can provide 5,000 gpm. Static pressure available is 74 psi. There is a 2 inch domestic meter, a 2 inch irrigation meter and an 8 inch fire service serving the existing building. SEWER Sewer service is provided by the City of Renton. There is an existing 8 inch sewer main in E. Valley Road. There is an existing 8 inch side sewer serving the building. STORM There is a 12 inch storm conveyance system in the parking lot and is connected to a private storm pond at the rear of the site. STREETS There is an existing 6 foot sidewalk and 8 foot planting strip fronting the site in East Valley Road. CODE REQUIREMENTS WATER 1. Water system development fees will be owed there is an increase to the size of the existing 2 inch domestic water, the 2 inch irrigation meter or the 8 inch fire line. Credit will be given for existing water meter(s) serving the site. SANITARY SEWER 1. Sewer system development fees will be owed if there is an increase to the existing 2 inch domestic water. Credit will be given for existing water meter serving the building. 2. If floor drains are required by the building department, drains are required to be connected to the sanitary sewer system. Flows shall be directed through the floor drains that are installed in accordance with the Uniform Plumbing Code to an interior or exterior oil/water separator. The separator shall be sized to meet a minimum 15 minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. The oil/water separator shall be shown on the civil drawings. SURFACE WATER 1. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 2. A drainage report dated April 6, 2015 was submitted by PacLand Engineers with the site plan application. The redevelopment project is subject to Full Drainage Review in accordance with the 2009 King County Surface Water Manual and the City of Renton Amendments to the KCSWM, Chapters 1 and 2. Based on the City's flow control map, this site falls within the Peak Rate Flow Control Standard, Existing Conditions. The site is located within the Black River Drainage Basin. The site is located outside the 100 year flood plain and outside the Aquifer Protection Zone. The existing 12.28 acre site consists of 85% of impervious surface area (building and asphalt parking lot) and 15% (2.11 acres) of landscaping and wetland. Approximately 8.00 acres of the site is PGIS. The project is subject to a Level 1 downstream analysis. All stormwater runoff from the site drains to an existing combined detention and water quality pond located at the west end of the site. Enhanced Basic Water quality will be required in accordance with Core Requirement #8. The project will add 43,375 square feet of new PGIS which exceeds the threshold of 5,000 square feet. The engineer has proposed a StormFilter system to meet the Enhanced Basic Water Quality treatment. The engineer has demonstrated the increase in the 100 year peak runoff is less than 0.1 els. 3. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SW PPP) is required for this site. 4. A geotechnical report dated February 7, 2014 was prepared and submitted by Zipper Geo Associates. Due to high groundwater seepage at certain times of the year, dewatering will be required. A permit from the City and King County Metro may be required if storm water will be directed to the sanitary sewer. TRANSPORTATION /STREET 1. Existing right of way width in this section of East Valley Road is 80 feet. This street has been identified as a Collector street. The applicant has submitted a letter with the site plan application requesting a modification of the street standards allowing the existing 6 foot sidewalk and 8 foot planting strip to remain. Staff would support this request since there are no plans to widen the existing paved roadway in East Valley Road in the future. 2. Existing right of way in SW 41st Street width fronting the site is 80 feet. This street has been identified as a Collector street. Minimum right of way per code is 83 feet. To meet the City's new complete street standards, frontage improvements will include construction of an 8 foot sidewalk, 8 foot planter strip, curb, gutter, approximately 17 feet of pavement from centerline. There is existing 6 foot sidewalk in an easement and a 12 foot planting strip fronting the site in SW 41st Street. Staff would support a modification to the street standard, allowing the existing improvements to remain since there are no plans to widen the existing paved roadway in SW 41 st Street in the future. 3. A street lighting plan meeting the minimum City standard along East Valley Road and SW 41st Street is required with the construction Ran: June 18, 2015 Page 2 of4 ADVISORY NOTES TO APPLICANT LUA 15-000288 permit submittal. Lighting standards and lighting levels shall meet Renton Municipal Code 4 6 0601. A lighting analysis is required with the street lighting plan. 4. Transportation has no concerns with the on site "shoebox" lighting proposed along the east property line adjacent to East Valley Road. 5. Traffic impact fees will be determined at lime of building permit(s). No impact fees are anticipated since there is a net decrease in traffic im acts. Recommendations: Environmental Impact Comments: 1. Fire impact fees are applicable, however the credit granted for the removal of the existing building will exceed the new fee, resulting in no new fees due. Code Related Comments: 1. The preliminary fire fiow is 2,000 gpm. A minimum of one hydrant is required within 150 feet of the structure and one additional hydrant is required within 300 feet of the structure. One hydrant shall be within 50 feet of the required fire department connection. Building shall also comply with maximum hydrant spacing requirements of 300 feet on center. It appears adequate fire fiow is available in this area. 2. Approved fire sprinkler and fire alarm systems are required throughout the building. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 3. Fire department apparatus access roadways are required within 150 feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25 feet inside and 45 feet outside. Roadways shall be a minimum of 20 feet wide. Roadways shall support a minimum of a 30 ton vehicle and 322 psi point loading. Access gates shall be a minimum of 20 feet clear span and shall be fully automated and be equipped with Click 2 Enter access opening device. Applicant has not shown how they will comply with fire access apparatus requirements, plans as shown will not be approved. 4. An electronic site plan is required prior to occupancy for pre fire planning purposes. 5. A hazardous material inventory statement shall be submitted prior to building permit issuance. Use of city form or approved equivilant required. Separate plans and permits required for the installation of all aboveground flammable and combustible liquid tanks and piping s stems. Ran: June 18, 2015 Page 3 of 4 ADVISORY NOTES TO APPLICANT LUA 15-000288 Recommendations: 268 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site should have security lighting, and any construction trailer or storage area should be completely fenced in with portable chain link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy duty deadbolts with a minimum 1 1/2" throw when bolted. Any construction material that contains coper should be removed from the construction site at the end of each working day. Glass windows in construction trailers should be shatter resistant. Toolboxes and storage containers should be secured with heavy duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs will allow officers, upon contact, to provide a verbal warning to trespassers that should they be contacted on the property again, they could be cited and/or arrested. COMPLETED FACILITY All exterior doors should be made of solid metal or metal over wood, with heavy duty deadbolt locks, latch guards or pry resistant cylinders around the locks, and peepholes. All strikeplates should have 2 1/2 to 3" wood screws. If glass doors are used, they should be fitted with the hardware described above and additionally be fitted with a layer of security film. Security film can increase the strength of the glass by up to 300%, greatly reducing the likelihood of breaking glass to gain entry. Access to the back of the buildings should be limited, preferably with security fencing or gates, as these areas could be vulnerable to crime due to the lack of natural surveillance by vehicle and/or pedestrian traffic. It is recommended the business be monitored by recorded security systems. It's common for businesses to experience theft and/or vandalism during the hours of darkness. An auxiliary security service could be used to patrol the property, preferably between the hours of 10:00 p.m. and 6:00 a.m. It is important to direct all foot traffic into the main entrance of the building. Any alternative employee entrances should have coded access to prevent trespassing. All areas of this project need to have adequate lighting. This will assist in the deterrent of theft from motor vehicle (one of the most common crimes in Renton) as well as provide safe pedestrian travel for customers utilizing the business. The structure should have a building number clearly posted with numbers at least 6" in height and of a color contrasting with the building. This will assist emergency personnel in locating the correct location for response. Landscaping should be installed with the objective of allowing visibility-not too dense and not too high. Too much landscaping will make customers and employees feel isolated and will provide criminals with concealment to commit crimes such as burglary and malicious mischief (property destruction). It is key for safety and security reasons to have appropriate lighting and signage. "No Trespassing" signs should be posted in conspicuous locations throughout the property, including entrances to the property and parking areas. I highly recommend that the developer have a Renton Police Crime Prevention Representative conduct a security survey of the premises once construction is com lete. Ran: June 18, 2015 Page4of4 DEPARTMENT OF COMl\,vNITY AND ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST HEARING DATE: June 23, 2015 Project Name: CarMax Auto Superstore Owner: Regal Cinemas, Inc.; 7132 Regal Lane; Knoxville, TN 37918 of Applicant: Mike Creekmore; CarMax Superstores; 12800 Tuckahoe Creek Parkway; Richmond, VA 23238 Contact: Amanda Steinle; Centerpoint Integrated Solutions; 1240 Bergen Parkway, Ste A250; Evergreen, CO 80439 File Number: LUA15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Project Manager: Roca le Timmons; Senior Planner Project Summory: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theater facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave SW . Customer and employee parking, in the amount of 244 parking stalls on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto East Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and East Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. Project Location: 3751 East Valley Rd Site Area: 12.28 acres Project Location Map HEX Report City of Renton Department of Com .. nity & Economic Development CARMAX AUTO SUPERSTORE Hearing Examiner Recommendation WA1S-000288, ECF, SA-H, MOO, MOO, MOO, VA-A Report of June 23, 2015 i 8. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: ERC Report Site Plan Landscape Plan Aerial Photo Elevations Parking Supply Analysis (dated April 27, 2015) Geotechnical Report (dated February 7, 2014) Drainage Report (dated April 6, 2015) Traffic Impact Study (dated April 6, 2015) Public Comment Letter: Muckleshoot Indian Tribe Fisheries Division Wetlands & Drainage Delineation Report (dated February 5, 2014) Page 2 of 29 Exhibit 12: ERC Determination of Non-Significance -Mitigated (DNS-M) and Mitigation Measure (dated June 1, 2015) Exhibit 13: Tree Protection Plan Exhibit 14: Zoning Map Exhibit 15: Transportation Concurrency Memo Exhibit 16: Bollard Fencing Alternative Exhibit 17: Conceptual Sign Package I C. GENERAL INFORMATION: 1. Owner(s) of Record: 2. Zoning Classification: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: a. North: Car Dealership (IM zone} b. East: Restaurant/Office (CA zone} Regal Cinemas, Inc. 7132 Regal Lane Knoxville, TN 37918 Medium Industrial (IM) & Commercial Arterial (CA) Employment Area Valley (EAV) Movie Theater c. South: Warehouse/Restourant/Office (IM/CA zones} d. West: Warehouse (IM Zane} 6. Site Area: 12.28 acres I D. HISTORICAL/BACKGROUND: Action Comprehensive Plan HEX Report Land Use File No. N/A Ordinance No. 5099 Date 11/01/2004 City of Renton Department of Coe CARMAX AUTO SUPERSTORE 1ity & Economic Development Hearing Examiner Recommendation LUAlS-000 ___ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Zoning Annexation East Valley Cinemas Black Angus Restaurant ' E. PUBLIC SERVICES: 1. Existing Utilities N/A N/A LUA95-204 LUA99-064 5100 1745 N/A N/A Page 3 of 29 11/01/2004 4/9/1959 12/20/1995 6/15/2001 a. Water: The proposed development is within the City of Renton's water service area. There is an existing 12-inch looped water main around the building which can provide 5,000 gpm. Static pressure available is 74 psi. There is a 2-inch domestic meter, a 2-inch irrigation meter and an 8 inch fire service serving the existing building. b. Sewer: Sewer service is provided by the City of Renton. There is an existing 8 inch sewer main in East Valley Road. There is an existing 8 -inch side sewer serving the building. c. Surface/Storm Water: There is a 12 inch storm conveyance system in the parking lot and is connected to a private storm pond at the rear of the site. 2. Streets: There are partial street frontage improvements along SW 41" St and East Valley Rd. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Development Standards for Commercial Zoning Classifications d. Section 4-2-130: Development Standards for Industrial Zoning Classifications 2. Chapter 3 Environmental Regulations a. Section 4-3-050 Critical Area Regulations 3. Chapter 4 Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 9 Procedures and Review Criteria a. Section 4-9-200: Site Plan Review b. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 6. Chapter 11 Definitions HEX Report City of Renton Department of Con CARMAX AUTO SUPERSTORE ,ity & Economic Development Hearing Examiner Recommendation LUAlS-000---, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 4 of 29 G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Community Design Element I H. FINDINGS OF FACT: 1. The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, and three modifications for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. 2. The subject property is located at 3751 East Valley Rd and is bordered by SW 41st St to the south, East Valley Rd to the east, a Harley Davidson Dealership to the north, and a medical retail mixed-use building/restaurant to the south. 3. The project site is 12.28 acres in area and is zoned Medium Industrial (IM) and Commercial Arterial (CA) and is also located partially within Design District 'D'. The site currently contains a 70,000 square foot theater with associated parking, landscaping, and infrastructure improvements. 4. All proposed structures would be located within the IM zoning classification. Therefore IM development standards, pursuant to RMC 4-2-130A, have been used to evaluate a majority of the project proposal (see FOF 27, Zoning Development Standard Compliance). Design District 'D' development standards are applied to the frontage portion of the site (along East Valley Rd) which contains landscaping, signage, parking, fencing, etc. (Exhibit 14). 5. An approximate 2.0 acres would be dedicated to customer and employee parking areas containing 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out of three proposed phases. 6. Access to the site is proposed via a total of four existing driveways along SW 41st St and East Valley Rd. 7. The proposal includes the removal of the existing theater and the reconfiguration of the parking and landscaping on site. 8. Additionally, a wetland and stormwater detention/water quality facility is also located on the western 1.13 acres of the site and is proposed to remain following construction. 9. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 48 parking stalls allowed to no more than 352 parking spaces (244 stalls upon full build-out) (See FOF 28, Parking Modification Analysis). 10. The applicant is requesting a lighting modification, from RMC 4-4-075, in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles (See FOF 29, Lighting Modification Analysis). 11. The applicant is also requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along East Valley Rd and SW 41st St (See FOF 30, Street Modification Analysis). 12. Finally, the applicant is proposing a variance from RMC 4-4-100 in order to site a 40-foot high pylon sign along East Valley Rd (See FOF 31, Sign Variance Analysis). 13. The proposed building would be located in the central-western portion of the project site with surface parking areas located along the south and east sides of the buildings. 14. The proposed structures would not exceed a height of 37 feet at the tallest point of the pitched roof elements. HEX Report City of Renton Department of Com CARMAX AUTO SUPERSTORE ity & Economic Development Hearing Examiner Recommendation WAlS-000---, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 5 of 29 15. The main entrance for the sales building is located on the eastern fa~ade oriented to, and visible from, East Valley Rd and serves as a focal point for the design. The secondary entry is located on the southern fa~ade. 16. Exterior materials would primarily consists of split face CMU, aluminum storefront framing, pilaster columns, and a standing seam metal roof (Exhibit 5). 17. The applicant is proposing filling and grading primarily to bring the existing movie theater footprint up to proposed grades. Preliminary earthwork volumes include approximately 6,500 cubic yards of cut soils and 5,000 cubic yards of fill. Fill would be imported from off site. Approximately 80% of the site is proposed to be covered with impervious surfaces following construction. 18. The site contains 104 inventoried trees; a mix of evergreen and deciduous trees. Existing significant trees along portions of the southern and western property lines would remain. All vegetation and trees located within the stormwater management area, located to the west of the site, would remain as well. The applicant is proposing to plant a total of 59 replacement trees. 19. There are two Category 3 wetlands located along the western portion of the site. The applicant is not proposing impacts to existing wetlands on site. 20. The Planning Division of the City of Renton accepted the above master application for review April 30, 2015 and determined complete on May 7, 2015. The project complies with the 120-day review period. 21. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Wetland Study, Tree Protection Plan, and Geotechnical Engineering study with the subject application. ZZ. Staff received a comment letter from the Muckleshoot Indian Tribe Fisheries Division (Exhibits 10) with questions related to the relationship between potential impacts to the wetlands on site and the mitigation plan for the Act Ill Theater (dated 1991). No other public or agency comments have been received. 23. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on June 1, 2015, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the CarMax (Exhibit 12). The DNS-M included one mitigation measure. A 14-day appeal period commenced on June 5, 2015 and ends on June 19, 2015. No appeals of the threshold determination have been filed as the date of this report. 24. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance -Mitigated: 1. The applicant shall provide a Final Geotechnical Report containing specific recommendations in order to mitigate potential geotechnical impacts. The Final Geotechnical Report shall be submitted to and approved by the Department of Community and Economic Development prior to, or concurrent with, building permit approval. The applicant shall comply with the recommendation included in the Final Geotechnical Report. ZS. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 26. Comprehensive Plan Compliance: The site is designated Employment Area Valley (EAV) on the Comprehensive Plan Land Use Map. The purpose of EAV is to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The intent is to allow these new activities without making industrial uses non-conforming and without restricting the ability of existing businesses to expand. The proposal is compliant with the following Comprehensive Plan policies: HEX Report City of Renton Deportment of Coe CARMAX AUTO SUPERSTORE ,ity & Economic Development Hearing Examiner Recommendation LUA15-000~w, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 6 of 29 Compliance Comprehensive Plan Analysis Objective LU-HHH: Provide for a mix of employment-based uses, including commercial, ,/ office, and industrial development to support the economic development of the City of Rentan. ,/ Policy LU-304. Non-employment-based uses, such os residential, are prohibited in the Employment Area -Valley. Policy LU-305. Multi-story office uses should be located in areas most likely to be served ,/ by future mufti-modal tronsportotion opportunities. A greater emphasis on public amenities is appropriate for this type of use. Policy LU-307. Recognize viable existing and allow new industrial uses in the Valley, ,/ while promoting the gradual transition of uses on sites with good access and visibility to more intensive commercial and office use. Policy LU-317. Site plan review should be required for all new projects in the ,/ Employment Area-Valley pursuant to thresholds established in the City's development regulations. Policy LU-318. New development, or site redevelopment, should conform to ,/ development standards that include scale of building, building far;:ade treatment to reduce perception of bulk, relationship between buildings, and landscaping. Compliant Policy CD-39. Ensure quality development by supporting site plans and plats that If all incorporate quality building, development, and landscaping standards that reflect unity conditions of design and create a distinct sense of place. of approval Staff Comment: See Landscaping discussion below, FOF 27, Zoning Development are met Standard Compliance. 27. Zoning Development Standard Compliance: The subject site zoned Medium Industrial (IM) for a majority of the site and where all proposed structures are located. Therefore, staff used to the IM zoning development standards to analyze the proposal. The purpose of the IM zone is to provide areas for medium-intensity industrial activities involving manufacturing, processing, assembly and warehousing. It is intended to implement the Employment Area Valley and Employment Area Industrial Comprehensive Plan designation. The proposal is compliant with the following development standards if all conditions of approval are met: Compliance Industrial Zone Development Standards and Analysis .. . Use: ,/ Stott Comment: Motor vehicles sales including, but not limited to, motorcycles, passenger cars, fight trucks, vans, and similar size vehicles which have gross vehicle weights less than ten thousand permitted are permitted within the IM zone. Lot Dimensions: Pursuant to RMC 4-2-130A there is a 35,000 square foot minimum lot requirement for lots created after September 1, 1985. There are minimum lot width or N/A depth requirements in the IM zone. Stott Comment: The proposal does not include the creation of new lots. ,/ Lot Coverage: Per RMC 4-2-130A there is no maximum lot coverage for buildings within the IM zone. HEX Report City of Renton Deportment of Con CARMAX AUTO SUPERSTORE ity & Economic Development Hearing Examiner Recommendation WAlS-000 ___ , £CF, SA-H, MOO, MOD, MOD, VA-A Report of June 23, 2015 Compliant if condition of approval is met HEX Report Page 7 of 29 Staff Comment: The proposed buildings would hove a footprint of 20,221 square feet on the approximate 534,900 square foot site; resulting in a building lot coverage of approximately 4 percent. Setbacks: Pursuant to RMC 4-2-130A the IM zoning classification requires a minimum street setback of 20 feet to the building from principal arterials and 15 feet for all other streets. There are no other setbacks requirements in the IM zone. Staff Comment: The proposed structure is approximately setback from East Valley Rd 230 feet. The proposed structure complies with all setbacks of the IM zone. Landscaping: Per RMC 4-4-070 ten feet of on-site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways or those projects with reduced setbacks. Staff Comment: A conceptual landscape plan was submitted with the project application (Exhibit 3). The conceptual landscape plan illustrates materials that would be used to enhance the visual character of the building and site. The planting schedule includes a variety of trees, shrubbery, groundcover, and grosses. Perimeter landscaping along East Valley Rd is proposed at a width ranging from 3 to 15 feet west of the sidewalk. SW 41" St would have a landscape strip width of approximately 10 to 15 feet. In the surface parking area, the applicant is proposing intervening landscaping on average every 12 parking stalls. Landscaping is not proposed within the sales parking areas. Within the proposed employee/customer surface parking lot, 35 square feet of landscaping per parking space would be required. Based on the proposal of 352 surface parking stalls (244 stalls after future car sales parking expansion), a minimum of 12,320 square feet of landscaping would be required within the surface parking areas (8,540 square feet would be required after future car sales parking expansion}. The submitted landscape analysis indicates that a total of 12,700 square feet of landscaping would be provided interior to the site. While the proposed the parking lot landscaping would exceed the minimum landscape frontage in some areas, and the interior parking lot landscaping requirement is met, it is not the intent of City's landscaping regulations that rigid and inflexible design standards be imposed, but rather minimum standards be set. Higher standards can be substituted as long as fencing and vegetation do not exceed height limits specified in RMC 4-4-040. Additionally, Policy CD-39 encourages quality development by supporting site plans which incorporate landscaping standards that reflect unity of design and create a distinct sense of place. There are also several guidelines and standards within Design District 'D' which serve to require landscaping to enhance the urban character of development. The scale of the surface parking area, while located in an industrial zone, is very large and requires a parking modification in order to exceed the maximum number of stalls. The parking areas are located along heavily used primary arterials and would have a visual impact on the pedestrian environment and abutting/adjacent properties without adequate landscape buffers. Wide landscape buffers along the perimeter of the site, specifically along East Valley Rd and the northwest corner of the SW 41''/East Valley Rd intersection would serve as a visual buffer between the proposed development/large surface parking area and the smaller scale development surrounding the site and the pedestrian environment. Additionally, the location of utilities within the East Valley Rd right-of-way would preclude the planting of much needed street trees to aesthetically City of Renton Department of Con CARMAX AUTO SUPERSTORE ,ity & Economic Development Hearing Examiner Recommendation LUAlS-000---, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 ,/ Compliant if condition of approval is met ,/ See FOF28, Parking Modification Analysis HEX Report Page 8 of 29 buffer the parking area. Given the aesthetic impacts af the proposed development on less intense neighboring properties and adjacent streets, staff recommends the applicant be required to provide on-site landscape buffers along the perimeter of the site adjacent to SW 41" St and East Valley Rd to a minimum width of 15 feet in order to accommodate a variety of vegetation. Additionally, a minimum 1,000 square foot gateway/landscape area shall be provided at the corner of SW 41" St and East Valley Rd. All perimeter parking lot landscaping shall be revised to include the following: trees planted along the street frontage in clusters; shrubs planted at the minimum rate of one per 20 square feet of landscaped area; ground cover in sufficient quantities to provide at least 90% coverage of the landscaped area within 3 years of installation. Existing healthy mature trees which are located within perimeter landscape buffers shall be maintained to the maximum extent possible and protected during construction unless determined by an Arbarist that such tree is dead, diseased, or dangerous. A revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage af the planted areas specified on the plan. A detailed landscape plan and irrigation plan will need to be submitted and approved prior to building permit approval. Building Height: Pursuant to RMC 4-2-130A there is no maximum building height in the IM zone. Staff Comment: The proposed structures would not exceed a height of 37 feet at the tallest point of the pitched roof elements. (Exhibit 5). The proposal complies with the height requirement of the zone. Screening: Per RMC 4-4-095 all mechanical equipment and outdoor service and storage areas shall be screened to reduce visibility, noise, and related impacts while allowing accessibility for providers and users. Staff Comment: The applicant did not provide details for surface or roof mounted equipment and/or screening identified for such equipment. As such staff recommends, as a condition of approval, the applicant shall provide a detailed plan identifying the location and screening provided for surface and roof mounted equipment. The screening plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. Refuse and Recyclables: Per RMC 4-4-090 non-residential developments are required to provide a minimum of 3 square feet per every one 1,000 square feet of building gross floor area for recyclables deposit areas and a minimum of ten 6 square feet per 1,000 square feet of building gross floor area for refuse deposit areas. Staff Comment: Based on the proposal for a total of 20,221 square feet of non- residential space a minimum area of 60 square feet of recycle area and 120 square feet of refuse are would be required for the project. The proposal includes a 445 square foot area dedicated to refuse and recycle adjacent to the service building {Exhibit 2/. Parking: The parking regulations, RMC 4-4-080, require a specific number of off-street parking stalls be provided based on the square footage of the use. Staff Comment: CarMax operates differently from traditional car dealerships in that it physically separates its inventory area from customer and employee parking. All City of Renton Department of Co, CARMAX AUTO SUPERSTORE 1ity & Economic Development Hearing Examiner Recommendation LUAlS-000~--, ECF, SA·H, MOO, MOD, MOD, VA·A Report of June 23, 2015 Page 9 of 29 inventory display areas would be separated from the general public by means of guardroils, gates, and fencing. Ornamental fencing would be used in order to separate the customer and employee parking from the display area. The sales display area is not subject to RMC 4·4·080. The following parking ratios would be applicable ta the site: Use Square Ratio Required Footage Spaces Vehicle Sales 13,135 A minimum and maximum of 1 13 stall per 1,000 SF Vehicle Service 7,086 A minimum and maximum of 5 35 stalls per 1,000 SF Based an the proposed uses, a maximum of 48 parking spaces would be allowed in order to meet code. The applicant is proposing a total of 352 parking stalls. The applicant's proposal includes expansions ta the sales display area which would include a reduction in the number of stalls by 108 parking spaces for a total of 244 stalls. The applicant has requested a parking modification in order to provide more stalls than the code allows (See discussion under FOF 28, Parking Modification Analysis). Signs: Pole signs and roof signs are prohibited. Signs subject to Urban Center Design Overlay regulations (RMC 4·3·100). See FOF 31, Staff Comment: The applicant provided o conceptual sign package which indicates the Sign Variance approximate location of the exterior building signage (Exhibit 17). The applicant is Analysis proposing a pylon sign along East Valley Rd within the CA zone/Design District 'D' portion of the site. The applicant has requested a sign variance in order to construct the 40-foot tall pylon sign. See additional discussion under FOF 31, Sign Variance Analysis. Campliant if Critical Areas: The site is located within a High Erosion Hazard area and an unclassified condition of Landslide Hazard Area. The site also contains areas of sensitive and protected slopes approval is on site. met Staff Comment: The applicant submitted a Wetland Delineation (Exhibit 11), prepared by H&S Consulting (doted February 5, 2014). The report identified two wetlands on site (Wetlands A and BJ. Wetland A is a 5,140 square foot Category 3 wetland located along the western property boundary. Wetland A is located within the stormwater control system along the west boundary of the site. This wetland appears to have been created by the filling of the site, cutting off drainage to the drainage ditch to the north. Hydrology for this wetland was provided by stormwater drainage from the commercial development on all sides of the feature. Wetland B is a 2,621 square foot is also classified as a Category 3 wetland. This wetland is also located within the stormwater control system along the west boundary and to the north of the site. This wetland appears to have also been created by the filling af the site. Hydrology for this wetland was provided by storm water drainage from the commercial development on al/ sides of the feature. The report states that although these areas express wetland characteristics, their wetland functions were subsumed by the detention/retention functions of the storm water facility upon development of the site. Additionally, the report characterizes the wetlands as artifacts of stormwater management and as a result they should not be regulated as "Critical Areas". However, the wetlands an site are a result of required mitigation for impacts to wetland area associated with the Act Ill theater development. HEX Report City of Renton Department of Com CARMAX AUTO SUPERSTORE ,ity & Economic Development Hearing Examiner Recommendation LUA1S-OOO ___ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 10 of 29 Therefore, the resulting wetlands hove been determined to be regulated features as they meet the criteria for Category 3 Wetlands. The applicant referenced a Wetland Study/Mitigation Plan (dated September 16, 1996} associated with the existing improvements. The plan mitigated buffer impacts caused by the construction of the theater and associated improvements. However, the City has been unoble to determine the success of the installed mitigation project. While the applicant is not proposing any additional impacts a comment letter was received by Muckleshoot Indian Tribe Fisheries Division (Exhibit 10) with comments related to the relationship between the existing mitigation plan and the proposed construction. The proposed development would terminate at the western edge of present development and no encroachment into the wetland/detention complex is proposed at this time. In order to ensure the protection of critical areas on site staff recommends, as a condition of approval, the applicant be required to provide wetland signage and split rail fencing plan along the perimeter of the critical area buffer to the Current Planning Project Manager prior to engineering permit approval. The construction of the split roil fencing and signage shall occur prior to Temporary Occupancy. If impacts are necessary, the applicant shall be required ta submit a mitigation plan complying with the RMC 4-3-050 and include baseline information for the Act Ill Theater Mitigation Plan (dated September 16, 1991). The mitigation plan, if necessary, shall be submitted to and approved by the Current Planning Project Manager priar ta construction permit approval. The City's Critical Area Ordinance is anticipated to change prior to building permit application/vesting. The applicant will be required to comply with the Critical Area Ordinance in effect ot the time of complete building permit application. The new Critical Area Ordinance is expected ta a/law the existing improvements to be maintained to the extent of existing boundaries without the need for additional mitigation. 28. Parking Modification Analysis: The sales parking areas are exempt from RMC 4-4-080 for count and dimensional requirements. However, the customer and employee parking areas are subject to the standards of RMC 4-4-080 which allow no more than 48 parking stalls for the proposed use. The applicant is proposing a total of 352 parking stalls. The applicant's proposal includes phased in expansions to the car sales display area which would include a reduction in the number of parking stalls by 108 parking spaces, for a total of 244 stalls. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum number of allowed parking stalls by no more than 304 parking spaces (196 stalls upon full buildout of future car sales expansions). The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommends approval of the requested Parking Modification, subject to a condition of approval as noted below: Compliance Parking Modification Criteria and Analysis a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the ,r proposed modification is the minimum adjustment necessary to implement these policies and objectives. Sta[t Comment: See FOF 26, Comprehensive Plan Analysis. HEX Report City of Renton Department of Con CARMAX AUTO SUPERSTORE 1ity & Economic Development Hearing Examiner Recommendation LUA1S-OOO ___ , £CF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Compliant if o/1 conditions of approval are met Compliant if condition of approval is met HEX Report Page 11 of 29 b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: An approximate 2.0 acres would be dedicated to customer and employee parking areas which would contain a total of 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out of three proposed phases. Phase I of the sales lot would be 2.5 acres and would provide 423 sales spaces along East Valley Rd. The Phase II sales lot is 0.51 acres and would be utilized as a vehicle staging area at the northwest corner of the Phase I sales lot. The second phase is proposed to be screened by a temporary chain link fence until such time CarMax proceeds with Phase II. At which time the temporary chain link fence would be removed, a masonry wall constructed and final parking stall striping would be applied for 84 sales spaces. The third and final phase of the sales lot would be 1.03 acres and is located at the southeast earner of the property at the corner of SW 41" St and East Valley Rd. The Phase Ill sales lot would be utilized by 108 customer/employee parking spaces until the need for additional sales vehicles exist. At that time, the Phase Ill sales lot, totaling 103 sales spaces, would be secured with the embassy-style security gate, guardrail, and ornamental fence along East Valley Rd. TENW conducted a parking demand study utilizing data from other CarMax locations given CarMax has a regional customer draw unlike many other retailers and auto dealers (Exhibit 6). The number of proposed stalls is based on the sales lot, peak weekend traffic, and peak employee shifts. At store maturity, up to 200 customers per day are anticipated along with 100-130 employees per day (including all shifts). However, it is unclear based on the information provided haw many stalls would be needed at any given time. Parking information provided with the modification request includes aerial photo data from other CarMax locations from which there is no way to document the time of day which the photos were taken. However, assuming the photos represent peaks in parking use it appears the average parking utilization is approximately 77%. However, there still appears to be a missing correlation to the actual demand for the store and requested parking stalls. It is the goal of the parking standards ta allow for the provision of sufficient off-street parking to meet the needs of urban development while not providing an excess surplus of spaces. While staff is supportive of the requested increase in parking stalls to accommodate parking demand, the proposed parking is not recommended to compromise much needed landscaping on site; specifically along the street perimeters (See FOF 27, Zoning Development Standard Compliance: Landscaping). Staff has recommended, as a condition of approval, the applicant provide a minimum 1S-foot landscape buffer along the perimeter of the site as well as a minimum 1,000 square foot gateway/landscape area at the earner of SW 41" St and East Valley Rd. Staff concurs the proposed modification would meet the objectives of function and maintainability intended by the code requirements through the provision of sufficient off-street parking to meet the needs of CarMax if all conditions of approval are met. c. Will not be injurious to other property(ies) in the vicinity. Staff Comment: The increase in stalls would provide an appropriate amount af parking stalls needed to accommodate the use and eliminate impacts on adjacent properties in the vicinity if all conditions of approval are met. City of Renton Department of Con CARMAX AUTO SUPERSTORE 1 ity & Economic Development Hearing Examiner Recommendation WAlS-000 ___ , ECF, SA·H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 12 of 29 Compliant if d. Conforms to the intent and purpose of the Code. condition of Staff Comment: See comments under criterion 'b'. approval is met Compliant if e. Can be shown to be justified and required for the use and situation intended; and condition of Staff Comment: See comments under criterion 'b'. approval is met f. Will not create adverse impacts to other property(ies) in the vicinity. ,I' Staff. Comment: See comments under criterion 'c'. 29. Lighting Modification Analysis: The applicant is requesting a lighting modification, from RMC 4·4·075, in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommends approval of the requested Lighting Modification, subject to a condition of approval as noted below: Compliance Lightirig:Modlflcation .Criteria and Ana~i$ ·.,. \;t:::,::.:1, x· '"'::"' ', " ' ' ' ·._· .·. •.::.:<:•:::::::+·: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan land Use Element and the Community Design Element and the ,/ proposed modification is the minimum adjustment necessary to implement these policies and objectives. Stott Comment: See FOF 26, Comprehensive Plan Analysis. b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff. Comment: CarMax typically uses "shoebox" type lighting mount on 25-foot toll light poles for visibility and security. The applicant contends that lighting is extremely ,I' important to the car buying experience for color rendition and clarity and is therefore requesting to increase the lighting levels along the perimeter of the site during operating hours. Staff concurs the proposed modification would meet the objectives of function and mointainobility intended by the code requirements through the provision of sufficient lighting to meet the needs of CarMax. C. Will not be injurious to other property(ies) in the vicinity. Stott Comment: Fixtures use /lot lens ond are downcast to reduce light spill onto adjacent properties. Additionally, all perimeter fixtures have full cut-off shields to ,I' reduce glare. The exterior lighting would be reduced after operating hours. Finally, the project site is bordered by commercial and industrial uses and would not share boundaries with any residential uses. Staff concurs the proposed modification would not be injurious to surrounding property owners if all perimeter fixtures have full cut-off shields to reduce glare. d. Conforms to the intent and purpose of the Code. ,/ Staff. Comment: See comments under criterion 'b'. HEX Report City of Renton Department of Com CARMAX AUTO SUPERSTORE ity & Economic Development '-/earing Examiner Recommendation LUAlS-000 ___ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 13 of 29 e. Can be shown to be justified and required for the use and situation intended; and ,/ Staff. Comment: See comments under criterion 'b'. f. Will not create adverse impacts to other property(ies) in the vicinity. ,/ Sta[t Comment: See comments under criterion 'c'. 30. Street Modification Analysis: All frontage roads are required to meet street standards pursuant to RMC 4-6-060. The applicant is requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along East Valley Rd and SW 41" St. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff recommends approval of the requested street modification: compllan~ Stree.t Modification.Criteria and Analysis .. i .. , · ! / i ·' • HEX Report a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the ,/ proposed modification is the minimum adjustment necessary to implement these policies and objectives. ,/ Staff. Comment: See FOF 26, Comprehensive Plan Compliance. b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff. Comment: The purpose of the City's street standards is to establish design standards and development requirements for street improvements to ensure reasonable and safe access to public and private properties. SW 41" St: SW 41st Street is a four/five-lane, east-west two-way collector providing a link between the SR 167 SB ramps and Oakesdale Ave SW. Along the project frontage, the roadway includes four lanes and includes curbs, gutters and sidewalks on both sides of the street. The existing half street right-of-way width is estimated at approximately 39 feet. The proposal is required to dedicate 7 feet according to the City's Complete Street Standards which include a 0.5 foot wide curb, 8 foot wide landscaped planter, 8 foot wide sidewalk, and 1 foot back of sidewalk behind the existing curb. The applicant has requested o modification in order to eliminate the need for dedication and maintain the existing curb, gutter, sidewalk (6-foot wide), and landscaping (3-8 feet in width) on the north side of the street. The Transportation Department has concluded that the existing right-of-way width is sufficient. The modified right-of-way would meet the objective of a safe walkable environment. The improvements would allow for a planting strip of sufficient size and existing trees within the right of way could be maintained. There are no identified adverse impacts from the requested modification to provide a reduced right of way. Staff recommends approval of the modification to allow the existing SW 41" St right-of-way width ta remain as is. East Valley Rd: East Valley Rd is a narth-sauth two-way collector street abutting the project site to the east. Along the project frontage, the roadway includes twa southbound lanes, one northbound lane, and a center two-way left-tum lane. Curbs, gutters and sidewalks exist on both sides of the street and landscaping is located on the west side of the street within the right-of-way. The existing right-of-way width is estimated at approximately 80 feet. The proposal is required to dedicate 1.5 feet according to the City's Complete Street Standards which include an 8 foot wide City of Renton Department of Cor CARMAX AUTO SUPERSTORE 1ity & Economic Development Hearing Examiner Recommendation WA15-000 ___ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 14 of 29 landscaped planter, 8 foot wide sidewalk, and 1 foot bock of sidewalk behind the existing curb. The applicant has requested a modification in order to eliminate the need for dedication and maintain the existing curb, gutter, sidewalk (6-foot wide), and landscaping (6-8 feet in width) on the east side of the street. The Transportation Department has concluded that the existing right-of-way width is sufficient. The modified right-of-way would meet the objective of o safe walkable environment. The improvements would allow for o planting strip of sufficient size. There are no identified adverse impacts from the requested modification to provide a reduced right of way. Staff recommends approval of the modification to allow the existing East Valley Rd right-of-way width to remain as is. c. Will not be injurious to other property(ies) in the vicinity. ,/ Staff Comment: The proposed reduction in the right-of-way is not anticipated to be injurious to other properties within the vicinity of the site. d. Conforms to the intent and purpose of the Code. ,/ Stoff Comment: See comments under criterion 'b'. e. Can be shown to be justified and required for the use and situation intended; and ,/ Stoff Comment: See comments under criterion 'b'. f. Will not create adverse impacts to other property(ies) in the vicinity. ,/ Stoff Comment: See comments under criterion 'c'. 31. Sign Variance Analysis: the applicant is proposing a variance from RMC 4-4-100 in order to site a 40- foot high pylon sign along East Valley Rd. The applicant has requested the Variance in order to exceed the 5-foot freestanding sign height maximum. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff recommends aooroval of the requested Sign Variance Compllance Slgn .. vari;1nce•<:riteria and•Anaiysri•·· ••• .•• ·. •i': .• ,.... .. •• . . . ,, ' ::: ', ,'' ' > , - a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff Comment: The property is split zoned IM and CA. The IM zone would allow the proposed signage outright. However, the proposed signage would be sited along East ,/ Volley Rd which is located within the CA zone, necessitating the variance. The applicant contends that the location of the property inhibits visibility from the Valley (SR 167) Freeway which the applicant contends is crucial to the viability of the automobile dealership. Cormax has a regional draw and therefore many people may be coming to the dealership from the state highways which increases the need for sufficient way finding. The applicant believes that allowed monument signage is ineffective and that the proposed new sign would more effectively direct drivers to the facility. The applicant further contends that the topography of the site makes the placement of the proposed new sign necessary. Staff concurs that the location of the property results in a HEX Report City of Renton Department of Com CARMAX AUTO SUPERSTORE ity & Economic Development -/earing Examiner Recommendation LUAlS-000~ _, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 ,/ ,/ Compliant if condition of approval is met Page 15 of 29 hardship; and, without the requested sign height and size the sign would be difficult to see from SR 167. Therefore, staff concurs the requested variance is reasonable. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The proposed sign would enhance the facility in terms of making it more identifiable and facilitate viability as an asset to the City af Renton and the region. Staff supports the new sign and has determined that it would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. The ability to clearly identify this automobile dealership through the placement of the proposed sign may, in fact, enhance the public welfare by avoiding confusion, since the dealership is outside the auto mall area, in more efficiently directing drivers to this destination. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Staff Comment: In the immediate vicinity of the subject site there are a variety of established vehicle sales uses all of which enjoy pylon signs of similar height and size either granted through variance ar located within the IM zone. Therefore, the approval would not constitute a grant of special privilege. d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends thot the request is a minimum variance needed in order to more clearly define the CarMax facility and direct drivers to their destination more efficiently. Staff supports the request for one new freestanding pole sign as a minimum variance. However, the conceptual sign package submitted by the applicant depicts a substantial base for the proposed pylon sign which may impact the pedestrian environment and it is unclear if proposed signage would be in keeping with building's architecture and exterior finishes (Exhibit 17). Therefore staff recommends, as a condition of approval, the applicant be required to submit a final sign package which indicates the approximate location of all exterior building signage. Proposed signage shall be compatible with the building's architecture and exterior finishes and contribute to the character of the development. The base for the proposed pylon sign shall include design elements which minimize impacts on the pedestrian environment. The sign package shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. If a monument sign is desired, the sign should be strategically located to screen utility cabinets and fixtures. 32. Design District Review: A portion of the project site is located within Design District 'D'. The following table contains project elements intended to comply with the standards of the Design District 'D' Standards and guidelines, as outlined in RMC 4-3-100.E for the portion of the site within the District. Additionally, while the proposed structures are not located within the portion of the site designated as Design District 'D' the proposed structures are visible from East Valley Rd. Therefore, staff analyzed the HEX Report City of Renton Department of Com CARMAX AUTO SUPERSTORE ity & Economic Development ,earing Examiner Recommendation WA15-000 ___ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 16 of 29 proposal to ensure elements of the proposal not located within the district, but directly visible from the street, are compliant with the intent and guidelines of the District. Compliance Design District Guideline and Standard Analysis 1. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity. a. Building Location and Orientation: Intent: To ensure visibility of businesses and to establish active, lively uses along sidewalks and pedestrian pathways. To organize buildings for pedestrian use and so that natural light is available to other structures and open space. To ensure an appropriate transition between buildings, parking areas, and other land uses; and increase privacy for residential uses. Guidelines: Developments shall enhance the mutual relationship of buildings with each other, as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. Staff Comment: The prapased building would be located in the central-western portion of the project site with surface parking areas located along the sauth and east Compliant if sides af the building. The proposed structure would be visible from East Valley Rd. all conditions However, prapased parking, landscaping, and fencing provides a transition from the of approval building to the street. If all canditians af approval are met, specifically related to are met landscaping, the mutual relationship between the use and public realm would be enhanced and the intent and guidelines would be met far building location and orientation. b. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. Staff Comment: The main entrance for the safes building would be located on the eastern fai;ade oriented to, and visible from, East Valley Rd and serves as a focal point for the design. The secondary entry is located on the southern fai;ade. Both entry ,/ canopies include blue standing seam metal roofs, white columns, split block bases, and aluminum sign bands which make them easily identifiable while reflecting the architectural character of the building. The proposal is compliant with the intent and guidelines for building entries. c. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long- established, existing neighborhoods are preserved. HEX Report City of Renton Deportment of Con CARMAX AUTO SUPERSTORE ,ity & Economic Development Hearing Examiner Recommendation LUA15-000 , ECF, SA-H, MOO, MOD, MOO, VA-A Report of June 23, 2015 Page 17 of 29 Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. Staff Comment: Building articulation to divide larger architectural elements into smaller ,/ increments is proposed in order to promote a transition to surrounding uses in addition to varied roof lines and roof shapes designed to reduce apparent bulk. d. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. ,/ Staff Comment: See FOF 27, Zoning Development Standard Compliance: Refuse and Recyclables. e. Gateways: Not applicable. Z. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. a. Surface Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. Standard: Parking shall be located so that no surface parking is located between a building and the front property line and/or a building and the side property line (when N/A on a corner lot). Staff Comment: There is no building proposed on the portion of the property designated Design District 'D'. Standard: Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. Compliant Staff Comment: See FOF 27, Zoning Development Standard Compliance: Parking. if condition of The applicant is also proposing the use of an embassy-style security gate and guardrail approval is around the perimeter of the car sales parking area. The proposed steel guardrail, along met East Valley Rd, would not serve as a creative screening feature for the proposed car sales display area as required in the design district. Therefore staff recommends, as a condition of approval, the applicant be required to replace the proposed guardrail with HEX Report City of Renton Deportment of Com CARMAX AUTO SUPERSTORE ity & Economic Development ,earing Examiner Recommendation LUAlS-000._ _, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 18 of 29 ornamental fencing. A revised landscape plan, with alternative fencing, shall be submitted to, and approved by, the Current Planning Project Manager prior ta construction permit approval. The applicant has submitted a bollard alternative to the guardrail which would serve to comply with the recommended condition of approval (Exhibit 16}. b. Structured Parking Garages: Staff. Comment: Not applicable. c. Vehicular Access: Intent: To maintain a contiguous and uninterrupted sidewalk by minimizing, consolidating, and/or eliminating vehicular access off streets. Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minimized. Standard: Access to parking lots and garages shall be from alleys, when available. If not .; available, access shall occur at side streets . Staff. Comment: See FOF 31, Site Plan Review Criteria and Analysis: Access. Standard: The number of driveways and curb cuts shall be minimized, so that ,/ pedestrian circulation along the sidewalk is minimally impeded. Stoff. Comment: See FOF 31, Site Plan Review Criteria and Analysis: Access. 3. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic. a. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Staff. Comment: Internal pedestrian connections to the public sidewalk network are proposed in order to provide safe and efficient pedestrian access throughout the site Compliant and to abutting sites. However, an additional pedestrian connection should be provided if condition from the proposed entrance across the central drive aisle to the southern portion of the of site. Pedestrian crosswalks, between the /rant farade and the parking lot, appear to be approval is differentiated in some areas while other areas have no striping or differentiation at all. met In order to provide safe and efficient pedestrian connectivity on site staff recommends the applicant be required to provide an additional pedestrian connection from the proposed entrance across the center drive aisle to the southern portion of the site. Additionally, all designated pedestrian areas shall be differentiated, in material, from HEX Report City of Renton Deportment of Com CARMAX AUTO SUPERSTORE "ty & Economic Development fearing Examiner Recommendation LUA1S-0002 __ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 19 of 29 drive aisles. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. b. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. Compliant If conditions Staff Comment: See comment above (Pedestrian Circulation). of approval are met 4. RECREATION AREAS AND COMMON OPEN SPACE: Intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian-oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians Compliant if Staff Comment: The applicant is not proposing open space on site. Proposed and all conditioned landscaping would provide passive recreation opportunities far CarMax conditions of approval customers. The proposal would meet the intent of the recreation and common open are met space requirements if all conditions of approval area met. 5. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. a. Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Guidelines: Building facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Staff Comment: Each building is accented with earth tone EIFS pilasters with integral- ,/ colored split block base, white EIFS cornice, and awnings with an earth tone standing seam metal roof Two sides of the Service building are also enhanced with clear anodized aluminum storefront framing with blue-tinted spandrel glazing ta give a cohesive look with the Sales Building. The entry canopies have a blue standing seam HEX Report City of Renton Department of Corr CARMAX AUTO SUPERSTORE iity & Economic Development Hearing Examiner Recommendation LUA15-000 , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 20 of 29 metal roaf, white EIFS columns with integral-colored split block base, and blue Aluminum Composite Metal sign bands. The entry vestibules inside the entry canopies are expressed with a white Aluminum Composite Metal canopy. The Sales building also includes an earth tone EIFS rooftop unit screen to conceal the mechanical equipment on the roof. The six foot high privacy wall and dumpster/tire enclosure walls are composed of earth tone integral-colored smooth face block. The dumpster enclosure is also covered with on earth tone standing seam metal roof. The proposed buildings include o variety of visually interesting elements which succeed in meeting the intent and guidelines of the building and architectural requirements of the design district for those facades visible from the street. b. Ground-Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. ,/ Staff. Comment: See comment above (Building Character and Massing}. c. Building Roof lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. ,/ Sta(t Comment: See comment above (Building Character and Massing}. d. Building Materials: Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Sta(t Comment: The applicant has proposed a variety of materials including: split face CMU, aluminum storefront framing, pilaster columns, and standing seam metal roof In Compliant order ta ensure that quality materials are used staff recommends, as a condition of if condition approval, the applicant submit a materials board subject to the approval of the Current of Planning Project Manager prior to building permit approval. The board shall include approval is color and materials for the following: fa,ade treatments, windows/frames, and met columns. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass, cast-in-place concrete, or other superior materials approved at the discretion of the Administrator. HEX Report City of Renton Deportment of Com, CARMAX AUTO SUPERSTORE "ty & Economic Development tearing Examiner Recommendation LUA1S-0002 __ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 21 of 29 5. LIGHTING: Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Staff Comment: The applicant has indicated compliance with the above lighting guidelines. However, a detailed lighting plan was not submitted identifying Compliant if compliance, as such, staff recommends a condition of approval thot requires the applicant to provide o lighting pion thot adequately provides for public safety without conditions casting excessive glare on adjacent properties; at the time of building permit review. of approval are met Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. 33. Site Plan Review: Pursuant to RMC 4-9-200.B, Site Plan Review is required for all development in the IM/CA zones if Environmental Review is required. The following table contains project elements intended to comply with the Site Plan Review Criteria: Compliance Site Plan Critertacand ~alJ$isc': > · •·· .\ ::. .. !ii·, )j>> ......... ... ·;<. :. Ji . :·· '·' """·' '' .;:·--· ' .. ... Compliant if a. Comprehensive Plan Compliance and consistency. Conditions of Approval Staff Comment: See Screening discussion under FOF 26, Comprehensive Plan Analysis. are Met Compliant if b. Zoning Compliance and Consistency_ Conditions of Approval Staff Comment: See Screening discussion under FOF 27, Zoning Development Standard are Met Compliance. Compliant if c. Design Regulation Compliance and Consistency. Conditions of Approval Staff Comment: See Screening discussion under FOF 32, Design District Review. are Met N/A d. Planned action ordinance and Development agreement Compliance and Consistency. e. Off Site Impacts. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site. Staff Comment: See FOF 32, Design District Review: Building Character and Massing. ,/ Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties. Staff Comment: There are four access driveways connecting the site that are proposed to remain unchanged and are shared with neighboring commercial businesses. Two full access driveways are located along East Valley Rd, one full access driveway is located on SW 41" St, and another full access /signalized} driveway is located west of HEX Report City of Renton Deportment of Co, CARMAX AUTO SUPERSTORE 1ity & Economic Development Hearing Examiner Recommendation LUAlS-000 , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 22 of 29 the site at the intersection af Lind Ave SW I SW 39" St. Trucks would access the site by entering the north driveway an East Valley Rd and exiting at the south driveway on East Valley Rd. Customers and employees would primarily use the southern driveway an East Valley Rd and the driveway on SW 41" St, with minor usage of the driveway an Lind Ave SW. loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties. Statf. Comment: See FOF 27, Zoning Development Standard Compliance: Screening. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features. Staff Comment: There are no territorial views far which to maintain visual accessibility. Staff received no comments from adjacent properties regarding views. landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project. Sta(( Comment: See discussion under FOF 27, Zoning Development Standard Compliance: Landscaping. lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. Staff Comment: A lighting plan was not provided with the application; therefore staff recommended that a lighting plan be provided at the time of building permit review (See Lighting discussion under FOF 32, Design Review: Lighting}. f. On Site Impacts. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation. Staff Comment: Existing noise within the vicinity of the subject site is primarily composed of vehicles on adjacent streets (SW 41" St and East Valley Rd}. Temporary construction noise is anticipated os a result of the subject project. Based on the provided canst ruction mitigation description the applicant has indicated that construction is anticipated to last approximately eight months and commencement of Compliant if construction is to be determined. At this time, the applicant hos indicated that Condition of construction work would occur during typical construction hours. Furthermore, the site Approval ls is surrounded by industrial activity and/ar commercial development. Therefore, the met temporary noise impacts are anticipated ta be minimal and limited in duration. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. Due to the requirement and need for parking there appears to be a challenge to limit the paved and/or impervious surfaces on the site. While there is an exceptional omaunt of parking; the lots are proposed to be landscaped and hove been conditioned to provide additional landscaping (see FOF 27, Zoning Development Standard Compliance: Landscaping}. The applicant is taking special measures to protect landscaping from damage by vehicles and/or pedestrian traffic by providing defined pedestrian and vehicular areas. If all conditions of approval are met there will be HEX Report City of Renton Deportment of Com CARMAX AUTO SUPERSTORE ·ty & Economic Development fearing Examiner Recommendation LUAlS-0002--, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 HEX Report Page 23 of 29 adequate provisions for privacy and noise reduction by building placement and the use of landscaping. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs. Staff Comment: The proposed building would be located in the central-western portion of the project site with surface parking areas located along the south and east sides of the building. Prevailing winds in the area are from the southwest during most of the year (fall, winter and spring) as well as the direction of sunlight. Proposed landscaping has been strategically placed on site in order take advantage of sun exposure from the south and west most times of the year and would likely only be shaded at certain times of the day during the winter months. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces. Staff Comment: The site has an existing movie theatre, with associated parking lot surrounding the building. There is a wooded/wetland area behind the theatre mostly stocked with black cottonwood trees. Being previously developed, there are many planted landscape trees on site. The trees on site range between approximately 5 and 30 years old. The site is relatively flat, with the exception of the wetland area that has depressions with standing water. The applicant submitted a Tree Protection Plan prepared by Washington Forestry Consultants, Inc., dated April 23, 2015 {Exhibit 13). There were 104 trees inventoried on the site consisting of the following species: maple, cottonwood, pear, and cedar. After deducting those trees which are located within critical area, rights of way, and are dead, diseased or dangerous there are 65 significant trees located on site. There are no heritage trees located on the site. Per RMC4-4-130 the applicant is required to retain 10 percent of the trees on site. The applicant is proposing to retain 33 trees on site thereby complying with the tree retention requirements of the code. The applicant submitted a Geotechnical Report prepared by Zipper Geo Associates, dated February 7, 2014 /Exhibit 7). Topsoil was observed in the upper 12 inches from existing grade. Underlying the topsoil, native soils consisting primarily of medium dense to dense silt, silty sand, poorly graded sand, and silty gravel with sand were encountered to a maximum exploration depth of 41.5 feet below grade. Shallow groundwater was observed at depths of 9 to 13 feet below existing grades and is likely to represent a locally perched condition. A deeper ground water condition was observed at depths of 23 to 25 feet below grade and likely represents the loco/ ground water table. Based on the results of the geotechnical study the proposed facility could be supported by conventional spread and continuous footings. The site soils consist of 5 to 9 feet of fill soils consisting of medium dense to dense, moist, gravelly sand to sandy gravel with some silt. This layer is underlain by Lacustrine organic silt and peat deposits. Alluvial deposits were encountered below this layer down to a depth of approximately 32 to 33 feet below existing grade, consisting of loose to medium dense sand with variable silt content. The applicant is proposing filling and grading primarily to bring the existing movie theater footprint up to proposed grades. Preliminary earthwork volumes include approximately 6,500 cubic yards of cut soils and 5,000 cubic yards of fill. Fill would be City of Renton Deportment of Com CARMAX AUTO SUPERSTORE ty & Economic Development !earing Examiner Recommendation LUAlS-0002--, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 Page 24 of 29 imported from off site. Approximately 80% of the site is proposed to be covered with impervious surfaces fa/lawing construction. The geatechnical report included other specific recommendations in order to mitigate potential geotechnical impacts including: seismic design, structural fill, foundations, drainage considerations, site prep, utility trenches, temporary shoring, retaining walls, and pavements. Therefore, a SEPA mitigation measure was imposed requiring a Final Geotechnical Report containing specific recommendations in order to mitigate potential geotechnical impacts. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. Staff. Comment: See FOF 27, Zoning Development Standard Compliance: Landscaping. g. Access Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties. Staff. Comment: There are four access driveways connecting the site that are proposed ta remain unchanged and are shared with neighboring commercial businesses. Two full access driveways are located along East Valley Rd, one full access driveway is located on SW 41" St, and another full access (signalized) driveway is located west of the site at the intersection of Lind Ave SW/ SW 391 " St. Trucks would access the site by entering the north driveway on East Valley Rd and exiting at the south driveway on East Valley Rd. Customers and employees would primarily use the southern driveway on East Valley Rd and the driveway on SW 41" St, with minor usage of the driveway on Lind Ave SW. Compliant if The proposal promotes safe and efficient circulation through the consolidated and Condition of shared access points. Approval is Internal Circulation: Promoting safety and efficiency of the internal circulation met system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways. Staff. Comment: See Location and Consolidation Transit and Bicycle, and Parking discussions. loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas. Staff. Comment: There are no dedicated loading or delivery areas proposed an site. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access. Staff. Comment: Per RMC 4-4-0BOF.11.a bicycle parking spaces are required at 10% of the number of required off-street parking spaces. Based on the proposed uses, a minimum of 48 parking spaces would be required in order to meet code. Therefore, 4 bicycle parking stalls shall be required. It is unclear if the proposal includes bicycle parking. Therefore staff recommends, as a condition of approval, the applicant submit HEX Report City of Renton Department of Com CARMAX AUTO SUPERSTORE ity & Economic Development '../earing Examiner Recommendation LUAlS-000 , ECF, SA-H, MOO, MOD, MOD, VA-A Report of June 23, 2015 Page 25 of 29 bicycle parking detail demonstrating compliance with the bicycle requirements outlined in RMC 4-4-0BOF.11.c far fixed structures. The bicycle parking detail shall be submitted to and approved by the Current Planning Project Manager prior ta building permit approval. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. Staff. Comment: See FOF 32, Design District Compliance h. Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the ,r occupants/users of the site. Staff. Comment: The applicant is not proposing open space on site. Proposed and conditioned landscaping would provide passive recreation opportunities for CarMax customers. i. Views and Public Access: When possible, providing view corridors to shorelines ,r and Mt. Rainier, and incorporating public access to shorelines Staff. Comment: The proposed structure would not block view corridors to shorelines or Mt. Rainier. The public access requirement is not applicable to the proposal. j. Natural Systems: Arranging project elements to protect existing natural systems where applicable. N/A Staff. Comment: There are no natural systems located on site with the exception of drainage flows and wetlands. See Drainage discussion under FOF 33.k, Site Pion Criteria and Analysis: Services and Infrastructure and Wetland discussion under FOF 27, Zoning Development Standard Compliance: Critical Areas. k. Services and Infrastructure: Making available public services and facilities to accommodate the proposed use: Police and Fire. Staff. Comment: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development; if the applicant provides Code required improvements and fees. Fire impact fees are applicable, however the credit granted for the removal of the existing building will exceed the new fee, resulting in no new fees due. Fire department apparatus access roadways are required within 150 feet of all points ,,,-on the building. Fire lane signoge is required for the on-site roadway. The applicant will be required to comply with fire access apparatus requirements. Water and Sewer. Stoff. Comment: The site is served by the City of Renton for all utilities. The development is subject to applicable water system development charges {SOC} fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The SOC fee is paid prior ta issuance of the construction permit. Water system development fees will be owed as there is an increase ta the size of the existing 2-inch domestic water, the 2-inch irrigation meter or the 8-inch fire line. Credit will be given for existing water meter(s} serving the site. Civil plans for the water main HEX Report City of Renton Department of Coo CARMAX AUTO SUPERSTORE 1ity & Economic Development Hearing Examiner Recommendation WAlS-000 __ , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 HEX Report Page 26 of 29 improvements will be required and must be prepared by a registered professional engineer in the State of Washington. Sewer system development fees will be owed if the there is an increase to the existing 2-inch domestic water. Credit will be given for existing water meter serving the building. if floor drains are required by the building department, drains are required to be connected to the sanitary sewer system. Flows shall be directed through the floor drains that are installed in accordance with the Uniform Plumbing Code to an interior or exterior oil/water separator. The separator shall be sized to meet a minimum 15- minute retention time for peak flaws anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. The oil/water separator shall be shown on the civil drawings. Drainage. Staff Comment: The project site is located within the Lawer Green River subwatershed. The site is developed and is primarily impervious with the exception of landscape islands within and along the perimeter of existing parking areas and the existing wetland and stormwater facilities on the western 1.13 acres af the property. The stormwater facility includes a detention pond, three water quality ponds, and twa grass-lined swales just east and south of the wetlands. The existing site also includes a storm drainage system designed to collect stormwater at strategically placed catch basins throughout the site. The stormwater is then conveyed through underground pipes to a swale at the rear of the theater building. After traveling through one of the two swales, runoff passes through the existing stormwater detention/treatment facilities and enters the City's stormwater system at Lind Ave SW. This system continues north for approximately 1,300 feet, before heading west approximately 450 feet to the discharge point of Springbrook Creek. A total area of 1.53 acres offsite contributes to the existing stormwater facility located onsite. Catch basins and inlets along East Valley Rd, along the eastern side of the site, intercept road runoff before it reaches the site. Additionally, the existing topography surrounding the site prevents any significant amount of run-on. The applicant submitted a Preliminary Drainage Report prepared by Pac/and, dated April 6, 2015 (Exhibit 8). The site lies within the Peok Rate Flow Control Standard (Existing Site Conditions). The proposed 12.28 acre site is expected to generate 5.03 cfs; a 0.02 cfs increase in the 100-year peak flow rate from the existing site conditions. The report states the project is exempt from flow control requirements os it doesn't increase the 100-year peok flow by more than 0.1 cfs and it is not expected to significantly impact a critical area, or cause severe flooding or erosion problems. Therefore, additional flow control facilities, beyond the existing storm water ponds and flow control structure, are not proposed as part of this project. The proposed project improvements wauld increase the pollution generating impervious surface (PGIS} by 1.0 acre. Enhanced Basic Treatment is required if more than 50% af the runoff that drains to the proposed treatment facility is from commercial land use. Additional Enhanced Basic Water Quality treatment would be provided for the increase in PGIS. Additionally, an oil/water separator, which would discharge to the sanitary sewer system, is proposed for discharges from the service building and carwash. The applicant proposes to utilize the existing stormwater system for conveyance, water City of Renton Department of Com CARMAX AUTO SUPERSTORE ity & Economic Development '-fearing Examiner Recommendation WAlS-000 , ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 23, 2015 HEX Report Page 27 of 29 quality, detention, and flow control systems and provide improvements to conveyance ond water quality as required. A conveyance system consisting of catch basins and storm pipes is proposed to be constructed in the parking areas to collect drainage from impervious surfaces and convey runoff to the proposed water quality facilities. City staff hos reviewed the preliminary Drainage report and finds it acceptable for land use review. Transportation. Stoff Comment: The subject site fronts onto SW 41" St to the south and East Volley Rood to the east. The applicant submitted a Traffic Impact Analysis prepared by TENW, doted April 6, 2015 (Exhibit 9). The provided transportation study included weekday AM/PM peak hour level of service analysis, queuing analysis, and traffic volume impacts at the following four study intersections: 1. E Volley Rd /SW 41" /SR-167 SB Romps 2. Lind Ave SW/ SW 39th St/ Site Access 3. E Volley Rd I South Site Access 4. E Volley Rd I North Site Access 5. SW 41" St I Site Access The completed project is anticipated to generate -1,623 net new weekday daily trips, 39 net new weekday AM peak hour trips, and -124 net new weekday PM peak hour trips. The net new trip generation was calculated by subtracting the trips from the movie theater to be removed from the trips generated by the proposed CarMax. The results of the LOS analysis showed that all study intersections would operate at acceptable levels (LOS Dor better) in 2017 with or without the proposed project. City staff hos reviewed the preliminary TIA and finds it acceptable for fond use review. There ore no significant traffic impacts as o result of this redevelopment project and no transportation impact fees ore required, given the project would not generate any new net trips. However, it was noted in the TIA that existing weekday AM peak hour traffic counts were collected by All Traffic Data, Inc.; but, this information was not included in the TIA appendices. Therefore staff recommends, as o condition of Site Plan approval, that the TIA be revised to include the traffic counts referenced from All Traffic Dato, Inc. The revised TIA shall be submitted ta, and approved by, the Pion Reviewer prior to engineering construction permit approval. Concurrency: Stoff recommends o transportation concurrency approval based upon a test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Pion, payment of a Transportation Mitigation Fee, and on application of site specific mitigation (Exhibit xx). I. Phasing: The applicant is not requesting any additional phasing. Staff Comment: The project would be constructed primarily in one phase. However, the soles lot would be constructed in three phases over time. The decision to expand the sales lot and the time af the future phases is dependent on the market demand for vehicle soles. The applicant is not requesting additional time for Site Plan review at this time. Should the Site Plan Review expire prior ta the complete building permit application for future phases the applicant may be subject to fond use entitlements at City of Renton Department of Com CARMAX AUTO SUPERSTORE Report of June 23, 2015 ity & Economic Development Hearing Examiner Recommendation WA15-000 , ECF, SA-H, MOD, MOD, MOD, VA-A Page 28 of 29 I the time of fond use application. I 1,. RECOMMENDATIONS: Staff recommends approval of the Site Plan, Parking, Street, and Refuse and Recycle Modifications for the Carmax Auto Superstore, File No. LUA15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A as depicted in Exhibit 2 through 5, subject to the following conditions: 1. The applicant shall comply with the one mitigation measure issued as part of the Determination of Non- Significance Mitigated, dated June 1, 2015. 2. The applicant shall be required to provide on-site landscape buffers along the perimeter of the site adjacent to SW 41st St and East Valley Rd to a minimum width of 15 feet in order to accommodate a variety of vegetation. Additionally, a minimum 1,000 square foot gateway/landscape area shall be provided at the corner of SW 41st St and East Valley Rd. All perimeter parking lot landscaping shall be revised to include the following: trees planted along the street frontage in clusters; shrubs planted at the minimum rate of one per 20 square feet of landscaped area; ground cover in sufficient quantities to provide at least 90% coverage of the landscaped area within 3 years of installation. Existing healthy mature trees which are located within perimeter landscape buffers shall be maintained to the maximum extent possible and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous. A revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 3. The applicant shall provide a detailed plan identifying the location and screening provided for surface ond roof mounted equipment. The screening plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 4. The applicant shall be required to provide wetland signage and split rail fencing plan along the perimeter of the critical area buffer to the Current Planning Project Manager prior to engineering permit approval. The construction of the split rail fencing and signage shall occur prior to Temporary Occupancy. 5. If critical area impacts are necessary, the applicant shall be required to submit a mitigation plan complying with the RMC 4-3-050 and include baseline information for the Act Ill Theater Mitigation Plan (dated September 16, 1991). The mitigation plan, if necessary, shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 6. The applicant shall be required to submit a final sign package which indicates the approximate location of all exterior building signage. Proposed signage shall be compatible with the building's architecture and exterior finishes and contribute to the character of the development. The base for the proposed pylon sign shall include design elements which minimize impacts on the pedestrian environment. The sign package shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The applicant shall be required to replace the proposed guardrail with ornamental fencing. A revised landscape plan, with alternative fencing, shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The applicant has submitted a bollard alternative to the guardrail which would serve to comply with the recommended condition of approval (Exhibit 16). 8. The applicant shall be required to provide an additional pedestrian connection from the proposed entrance across the center drive aisle to the southern portion of the site. Additionally, all designated pedestrian areas shall be differentiated, in material, from drive aisles. A revised site plan shall be HEX Report City of Renton Deportment of Com CARMAX AUTO SUPERSTORE Report of June 23, 2015 ity & Economic Development Hearing Examiner Recommendation WAlS-000 , ECF, SA-H, MOD, MOD, MOD, VA-A Page 29 of 29 submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 9. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. The board shall include color and materials for the following: fa~ade treatments, windows/frames, and columns. 10. The applicant shall provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. 11. The applicant shall submit bicycle parking detail demonstrating compliance with the bicycle requirements outlined in RMC 4-4-080F.ll.c for fixed structures. The bicycle parking detail shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 12. The applicant shall revise the TIA to include the traffic counts referenced from All Traffic Data, Inc. The revised TIA shall be submitted to, and approved by, the Plan Reviewer prior to engineering construction permit approval. EXPIRATION PERIODS: Site Plan Approval expires two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-9-200. HEX Report @'() /,; +i( ~ ' EXHIBITS --'(t-.:-i·\.~ Project Name: Project Number: CarMax Auto Superstore LUAlS-000288, SA-H, ECF, MOD, MOD, MOD, VA- A, Date of Hearing Staff Contact Project Contact/Applicant Project Location 6/23/2015 Rocale Timmons Amanda Steinle 3751 East Valley Rd The following exhibits were entered into the record: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15: Exhibit 16: Exhibit 17: ERC Report Site Plan Landscape Plan Aerial Photo Elevations Parking Supply Analysis (dated April 27, 2015) Geotechnical Report (dated February 7, 2014) Drainage Report (dated April 6, 2015) Traffic Impact Study (dated April 6, 2015) Public Comment Letter: Muckleshoot Indian Tribe Fisheries Division Wetlands & Drainage Delineation Report (dated February 5, 2014) ERC Determination of Non-Significance -Mitigated (DNS-M) and Mitigation Measure (dated June 1, 2015) Tree Inventory Plan Zoning Map Transportation Concurrency Memo Bollard Fencing Alternative Conceptual Sign Package r e -_______ ,,,,,,,, ..... ) " ' ' City of , f, ___ , "'....C' ·-~,JO-,._, ---- Ov'OH A:lllv' /\ 3 11 I II ' ~ • I l I . - I ; I I! I; - I Ii : 11 I l 1 :.....L..:..__:_1_~ i 1r 1 ,, I , I " I I I I 11 I I I_; ... ~i!I fl ::!".! L __ ~ • t I I ' l • i • ,. I ' l~J -l_ •; ,, ·, " a -; r·· :J~~ ~ ~:C" f:i 0 I . ----·-··-·-·· ---. ® ! I I d ·i1'U! ~l ' ® .f ~j ® ' ! ,1 l l i !! 111 ill Ii ~.' l, I : II s Ii • " -; a " ~-·" ~ "''°~ [ I ~::"" ~ -; ~ § I- V) ~ 1_,--_-rl () t I • j j LANDSCAPE CALCULATIONS PLANT SCHEDULE ~ .eJ.x) ~' - - No. Dalo "' i""'" ___ ...._ ... -~" L .. t,.....,._,,,. V '"'"''-' > •. > \ > > ' F.- ' ' , ' ' ' ' ' 1-~ -. -·-·-·-··------------ ';!~· :..:~~ f: :..;,_· __ ··-' --. -----·------ -·· ...... :';,·~ / i. . . ' ' I ' ' ' ' ' ' ' ' ' , ' ' ' , ' ' i > ,,...~, ........ '"'"""'· -- . ···: 11 ; ·~ I . ; '. -=·--·--· -···-"L .• :1~:. . . .. · I -&'.!; -• . . e I tt(.;·u Iii .. ij "c'"'~ '. ~COlb~COCO~J!L ' . ·-·--"'co co ~ --;-~ -. . '\.:___''., ~ . . . ::a::::::::·=..-.-. . --~ --~,•=»X""41iX·"""·Yn$1ir''<.....,d~ "~""'..;,;;l" 8 -Q s· . ( / 0 Jm. •~:J-= \9 .. B .. -~., . . . . $ ~.-.-I PARKING LOT ISLAND, (TYP) ~---~ 1: ~ ~.: it ~ ..... ::!·: .... COLOA LEOEtO :11 -:":.?:.1 e· ~ •• SW 41ST ST CHAl'HIC ~t',11.f: ......... _.., CARmax LJrncHJIIII ----- 0 <C 0 ex: >-UJ _J _J <( > UJ PHASE Ill SALES LOT DETAIL EXHIBIT 3 ~ » •-,n~~ ·---~ T-A>-110 -~ _ ........ ·~..=: STORE NO. 7252 LANDSCAPE PLAN L-1.0 RENTON. WA None 0 128 0 64 128 Feet WGS_ 1 984 _Web_ Mercator __ Aux1l1ary _Sphere City of Renton Finance & IT Division JA 15-000288 CarM .. -..., ' -a:,., City and County Boundary Other City of Re11ton Addresses Parcels 1st Floor 1st Floor 2nd Floor 1st Floor OthPr A11ilriinm:; Information Technology. GIS RentonMapSupport@Rentonwa.gov 5/2612015 EXHIBIT 4 I~' s m•1:: ;, .:, LAlr '.]emc·al~G s.\;;l,r. Dt,lput fro,·1 ar i11ler~c"! rna;,pi,·g , .. :f" ilr J o fer <Ck'c'f1CF. ~r:ry ~ctLl :;,y,;'s rh2· c1:::pr\sr '°'' tt.,, ·, elf) i'l<l'i '.:' rnaJ' ;1r.,·_ t,r 81>· _,c,:f ,:,_;" w·· .. o• ·;1,,e,·,1·,~-~ 'i'i :ib1i' THIS MAP IS NOT TO BE USED FOR NAVIGATION ; I I ' l I i I l I I I l i l I f I I· 1' .! ll ! Ji ,, l f I I ii\ t:; al 1-t ::c >< w Entire Document Available Upon Request April 27, 2015 l 505 WESTLAKE A VE. N SlflTE 305 SEAITLE, WA 98 l09 T 206 .1510 F 206.522.8)44 Vr'Vr/W.PACLAND.COM CarMax Auto Superstore -Renton, WA Parking Supply Analysis The purpose of this analysis is to present the empirical data collected to support the modification request for an increased parking supply over the parking maximum allowed in the City of Renton code. SECTION 1: INTRODUCTION The property is located at 3751 E. Valley Road in Renton, Washington. The site is bordered by SW 41'' Street to the south, E. Valley Road to the east, a Harley-Davidson dealership to the north, and a medical and retail mixed-use building to the west. The site is currently developed as the Act m Movie Theater, which has a building footprint of 61,856 square feet, with associated parking and landscaping. A wetland and a stormwater detention and water quality facility is also located on the western 1.13 AC of the site. The entire lot is approximately 12.28 acres in size. This project proposes to demolish the existing theater and redevelop the site to become a CarMax Auto Superstore car dealership. CarMax as a use is a combination of a pre-owned auto dealership, car servicing operation along with private auto auction. CarMax has approximately 145 stores across the country and has heavily analyzed their parking demand, per previous store experiences. CarMax has defined the parking demand to adequately operate in Renton to be 244 customer and employee stalls. CarMax's projections are based on the size of the sales lot, peak weekend traffic and peak employee shifts. The sales lot size is based upon the market demand and sales projections for this store. Unlike traditional car dealers, CarMax's number of transactions are typically 3-4 times the average new car dealer transactions. CarMax will purchase cars from customers without the requirement that the customer purchase a vehicle from CarMax. These cars are brought to CarMax and parked in the customer/employee lot until they are appraised and processed. This process also adds to the number of parking stalls that are required for CarMax to operate. CarMax wants to ensure that all parking lots are safe for pedestrians and vehicle traffic. CarMax does not want vehicles to be parked in drive aisles, in landscape areas or on adjacent properties due to lack of parking spaces on site. SECTION 2: BACKGROUND Customer Parking: CarMax has a regional customer draw unlike many other retailers and auto dealers. When evaluating sites and potential markets, CarMax's sales market radius is typically forty (40) miles. They have found that customers will drive this relative distance to purchase a vehicle. Unlike traditional car dealerships, CarMax clearly defines the customer/employee parking area, the sales lot and the vehicle staoinn ,.,,,,.. At a traditional dealership customers generally park wherever there i! EXHIBIT 6 Entire Document Available Upon Request EXHIBIT 7 GEOTECHNICAL ENGINEERING REPORT PROPOSED RENTON RETAIL DEVELOPMENT 3751 EAST VALLEY ROAD RENTON, WASHINGTON Project No. 1217.01 February 7, 2014 Prepared for: CenterPoint Integrated Solutions, LLC Prepared by: ZGA Zipper Geo Associates. LLC Geotechnical and Environmental Consultants 19023 36 1h Avenue W., Suite D Lynnwood, WA 9803 Entire Document Available Upon Request CarMax Auto Superstores 3751 E. Valley Road Renton, Washington, 98057 Technical Information Report Commercial Redevelopment April 6, 2015 1505 Westlake Ave. N Suite 305 Seattle, WA 98109 T 206.522.9510 F 206.522.8344 www.pacland.com Prepared By: Willis Liu Reviewed By: Sarah Pangelinan, P.E. EXHIBIT 8 Entire Document Available Upon Request DATE: April 6, 2015 TO: Jan Illian City of Renton Public Works FROM: Chris Forster, P .E. TENW SUBJECT: Renton CarMax Traffic Impact Analysis TENW Project No. 4827 ~TENW Transportation Engineering North West This memorandum documents the traffic impact analysis completed for the proposed Renton CarMax project located at 3751 East Valley Road in Renton, Washington !see Figure 1 ). Executive Summary Project Description. The existing site includes a 13-screen movie theater totaling 74,306 square feet, which would be removed. The proposed CarMax project would include up to 20,300 square feet of automobile sales/service uses. There are four access driveways connecting the site that are proposed to remain unchanged and ore shared with neighboring commercial businesses. Two full access driveways are located along East Volley Road, one full access driveway is located on SW 4 1st Street, and another full access (signalized) driveway is located west of the site at the intersection of Lind Ave SW /SW 39th Street. The project is anticipated to be built and occupied in 2017. Trip Generation. The proposed CarMax project is estimated to result in a net reduction in weekday doily trips [-1,623 trips) with 39 net new trips occurring during the weekday AM peak hour (29 entering, l 0 exiting), and o net reduction in weekday PM peak hour trips (-124 trips). Given the net reduction in daily and PM peak hour trips, our traffic operations analysis focusses on the impacts of the project during the AM peak hour only. Local Traffic Operations. The study intersections and stop controlled movements at the site driveways currently operate at LOS D or better in the AM peak haur, and are expected to continue to operate at LOS D or better in 2017 without or with the proposed CarMax project. Mitigation SEPA Mitigation. No significant adverse transportation impacts are anticipated with the proposed CarMax Renton project. The site driveways and study intersections as currently configured will operate at acceptable levels during the AM peak hour, and the project will reduce traffic at the site driveways and study intersections during the PM peak hour and on a weekday daily bcsis. A potential new southbound right-turn lone at the south site driveway on East Valley Road, which was specifically discussed at the pre-application meeting, is not warranted bcsed on our analysis. In summary, no offsite traffic mitigation is proposed and no improvements to the existing site driveways are recommended. Transportation Impact Fees. Based on the City of Renton' s Rate Study far Impact Fees for Transportation, Parks, and fire Pratectian and adopted Ordinance 5670, transportation impact fees ore based on PM peak hour trip generation, and o credit is given for existing uses that will be removed. Because the proposed Car/11\ox development will generate less traffic during the PM peak hour than the existing Movie Theater that it will replace, the project will not have an impact an the transportation system in the PM peak hour. Therefore, the payment of transportation impact fees for this project is not required. Transportation Planning I Design ] Traffic lmpoc- 11400 SE a~ Street. Suite 200, Bellevue, WA 98004 I Oft EXHIBIT 9 Entire Document Rocale Timmons A ·1 bl -----------------va, a e Upon Request From: Sent: To: Karen Walter < KWalter@muckleshoot.nsn.us Tuesday, May 12, 2015 11:36 AM Rocale Timmons Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores- LUAlS-000288, ECF, SA-H, MOD, V-A Thank you! Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Tuesday, May 12, 2015 11:14 AM To: Karen Walter Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores-LUAlS-000288, ECF, SA-H, MOD, V-A Usually we keep records ... however this one is so old I don't have anything and I am unsure of our recordkeeping before my time. I will add a condition of approval requesting the completion letter prior to construction and I will add to the condition that it should be forward to the tribes for your records. Rocale Timmons From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us) Sent: Tuesday, May 12, 2015 11:12 AM To: Rocale Timmons Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores-LUA15-000288, ECF, SA-H, MOD, V-A Rocale, That sounds pretty good ... We don't have any record of the success of the previous mitigation and it seems like there should be some documentation of this success (or failure) prior to the change in land use and ownership ... Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015172ndAve SE Auburn. WA 98092 253-876-3116 From: Rocale Timmons [mailto:RTimmons@Rentonl/\lihfl.ill!) Sent: Tuesday, May 12, 2015 11:10 AM To: Karen Walter Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores-LUA15-000288, ECF, SA-H, MOD, V-A Karen, 1 EXHIBIT 10 • Entire Document Available Upon Request WETLANDS & DRAINAGE CORRIDORS EVALUATION AND DELINEATION REPORT Parcel # 1253600030 3751 East Valley Road Renton, WA prepared for: Mr. Jon Einarsen, LG., Principal Zipper Geo Associates, LLC 19023 36th Avenue West, Suite D Lynnwood, WA 98036 Prepared by: H & S CONSUL TING P. 0. Box 731695 Puyallup, WA 98373 253 732-6515 MHeckert@Q.com February 5, 2014 EXHIBIT 11 DEPARTMENT OF COMMUI AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: June 1, 2015 Project Name: CarMax Auto Superstore Project Number: LUAlS-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Project Manager: Rocale Timmons, Senior Planner Owner: Regal Cinemas, Inc.; 7132 Regal Lane; Knoxville, TN 37918 Applicant: Mike Creekmore; CarMax Superstores; 12800 Tuckahoe Creek Parkway; Richmond, VA 23238 Contact: Amanda Steinle; Centerpoint Integrated Solutions; 1240 Bergen Parkway, Ste A250; Evergreen, CO 80439 Project Location: 3751 East Valley Rd Project Summary: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theater facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and E Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. Site Area: 12.28 acres STAFF Staff Recommends that the Environmental Review Committee issue a Determination of RECOMMENDATION: Non-Significance -Mitigated (DNS-M). EXHIBIT 12 Project Location Map ERCReport WASHINGTON FORESTRY CONSULTANTS, INC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS w F C I 360/943-1723 FAX 36019434128 1919 Yelm Hwy SE, Suite C Olympia, WA 98501 -Tree Protection Plan- CARMAX·STORE #7252 3751 East Valley Road Renton, WA Prepared for: Carmax Prepared by: Washington Fores try Consultants, Inc. Date: April 23, 2015 Introduction The project proponent is planning to convert an existing cinema into a new Carmax location on 12.28 acres at 3751 E Valley Road in Renton, WA. The proponent has retained WFCI to: • Evaluate and inventory all trees on the site pursuant to the requirements of the City of Renton Tree Protection Ordinance. • Make recommendations for retention of significant trees, along with required protection and cultural measures. Observations Methodology In accordance with Renton Municipal Code 4-4-130, WFCI has evaluated all significant trees on site. This includes cottonwood and red alder trees 8 inches diameter at breast height (DBH) and larger, and all other trees 6 inches DBH and larger, and assessed their potential to be incorporated into the new project. Additionally, all landscape trees that appeared to have been planted within the past ten years were tallied. Trees within the wetland/wooded area were numbered at their base with blue paint. All other trees were not marked. The tree evaluation phase used methodology developed by Nelda Matheny and Dr. James Clark in their 1998 publication Trees and Development: A Technical Guide to Preservation of Trees During Land Development. URBAN/RURAL FORESTRY • TREE APPRAISAL • HA2 RIGHT-OF-WAYS• VEGETATION MANAGEMENT• ENVIRONMENTAL ST Member of lnrernalfonal Society of Arboricultuf8 and Society of Am, EXHIBIT 13 I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M June 16, 2015 Rocale Timmons, Planner Steve Lee, Development Engineering Manager Traffic Concurrency Test -Renton Carmax; File No. LUAlS-000288, ECF, SA-H The existing site includes a 13 screen movie theater totaling 74,306 square feet, which would be removed. The proposed CarMax project includes up to 20,300 square feet of auto sales and service use area. Access driveways connecting the site are proposed along East Valley Road, SW 41 '' Street and at the intersection of Lind Ave SW and SW 39th Street. The Traffic Impact Analysis was completed by TENW (dated April 6, 2015;). The Traffic Impact Analysis Report included information that the proposed project is estimated to generate a total of 1,623 new weekday daily trips with 39 net new trips occurring during the weekday AM peak hour, and -124 new trips occurring during the weekday PM peak hour. Given the net reduction in daily PM peak hour trips, the analysis focusses on the impacts of the project during the AM peak hour only. The study intersections and stop controlled movements at the site driveways currently operate at LOS D or better in the AM peak hour, and are expected to operate at LOS D or better in 2017 without or with the proposed CarMax project. The proposed project passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.D as follows: EXHIBIT 15 Transportation Concurrency Test-Carmax Page 2 of 3 June 16, 2015 Traffic Concurrency Test Criteria Implementation of citywide Transportation Plan Within allowed growth levels Project subject to transportation mitigation or impact fees Site specific street improvements to be completed by project Traffic Concurrency Test Passes Evaluation of Test Criteria Pass Yes Yes Yes Yes Implementation of citywide Transportation Plan: As shown on the attached citywide traffic concurrency summary, the city's investment in completion of the forecast traffic improvements are at 130% of the scheduled expenditure through 2014. Within allowed growth levels: As shown on the attached citywide traffic concurrency summary, the calculated citywide trip capacity for concurrency with the city adopted model for 2014 is 90,687 trips, which provides sufficient capacity to accommodate the net reduction in trips (- 1623) additional trips from this project. A resulting 92,310 trips are remaining. Project subject to transportation mitigation or impact fees: The project will be subject to transportation impact fees at time of building permit for each new building. Site specific street improvements to be completed by project: The project will be required to complete all internal and frontage street improvements for the plat prior to recording. Any additional off-site improvements identified through SEPA or land use approval will also be completed prior to final occupancy. Background Information on Traffic Concurrency Test for Renton The City of Renton Traffic Concurrency requirements for proposed development projects are covered under Renton Municipal Code (RMC) 4-6-070. The specific concurrency test requirement is covered in RMC 4-6-070.D, which is listed for reference: D. CONCURRENCY REVIEW PROCESS: 1. Test Required: A concurrency test shall be conducted by the Department for each nonexempt development activity. The concurrency test shall determine consistency with the adopted Citywide Level of Service Index and Concurrency Management System established in the Transportation Element of the Renton Comprehensive Plan, according to rules ond procedures established by the Department. The Department shall issue an initial concurrency test result describing the outcome of the concurrency test. Transportation Concurrency Test -Carmax Page 3 of 3 June 16, 2015 2. Written Finding Required: Prior to approval of any nonexempt development activity permit application, o written finding of concurrency shall be mode by the City as part of the development permit approval. The finding of concurrency shall be mode by the decision maker with the authority to approve the accompanying development permits required for a development activity. A written finding of concurrency shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit. 3. Failure of Test: If no reconsideration is requested, or if upon reconsideration a project fails the concurrency test, the project application shall be denied by the decision maker with the authority to approve the accompanying development activity permit application. The Concurrency Management System established in the Transportation Element on page Xl-65 of the Comprehensive Plan states the following: Based upon the test of the citywide Transportation Plan, consideration af growth levels included in the LOS-tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation, development will have met City of Renton concurrency requirements. ' ~ l'-41/T 1,---r- l ---- i-;> ~ ~ I I .. I J....___.;.._ __ --i--- ~ Si,J:) TYl'l:tl) I FLAGGING REQUIRED ro DETERMINE APPROl'Rlm HEIGHT I ---------------16' -0· - 23'-3" -- 145.31 SQ.FT A DOUBLE-FACED PYLON SIGN ELEVATION SCALE: 3/16" -1 '-0" 145 31 SQJT 5'. 3'-2' 5' --r----~ -- r 2'-4"_ (All CABINITT TO HAYE COUNTER-SUNK SCREWS AHO FACES TO HAYE BUTI SEAMS} ..-----FABRICATED AWMINUM CABINET WI I' CARMAX SATIN BLUE FINISH. :!.._____________ ACRYLIC FACE AWMINUM CHANNEL LITTERS/DA5HES. '~ CAR/DASHES HAYING YELLOW FACES/YELLOW muRHS & TRIM CAP ] MAX HAYING WHITE FACES/WHITE RETURNS & TRIM CAP INT£RHAL WHIT£ LED LIGHTING IN LITTERS/DA5HES. GRAPHICS AND CO Pl ,:::-:::: "CAR & DASHES" -YELLOW #2037 -"MAX-#2447 WHITE PAINTED FINISH ; ____ ~ LETTER RETURNS-YELLOW PMS-109 SATIN FINISH _-__:~: LITTER RETURNS-SATIN FINISH WHITE -CABINET CARMAX PMS-281 SATIN BWEFINISH 1-----SO. TUBE STEEL SUPPORTTO BE PER FH ENGINEERING REQUIREMENTS w/ MATTHEWS BRUSHED ALUMINUM FINISH ON AWMINUM POLE COVERS. (ALL PYLON COVERS TO HAYE BUTT SEAMS) MAIONRY BA5E TO MATCH BLDG MATERIALS BY GC 277V-20 AMP ORCUIT ELECTRICAL PRIMARVTO SIGN LOCATION ANO lHE FINAL HOOK-UP TO BE BY CUSTOMER'S CUTIFIED £LErnlCIAN. NUMBER OF OR(UITS REQUIRED PER ~Ll 111 SIGN TO BE PER FEDERAi. HEATH SIGN fNGINEEltlNG SPECIFICATIONS AND REQUIREMENTS. ALL SIGNS TO COMPlY WITH U.L 48 REOUIRMENTS AND ARTICLE 600 OF THE N.H., AND ALSO MEET ANY STATE AND LOCAL CODE Rl:QUIREMENTS. DEINCAIID CIRCUITS Humber o1 277"t -20 Amp Circuits Req'd TBD All BRANCH CIRCUITS SHALt BE DEDICATED TO S16HS0r-IDUIOING GRtlUND AND NEUTP.AL) ANO END VIEW SHAU NOT BE SHARED WITH OTHER LDAOS smDAW INITAll IS TO at ~IRtCT PIPE EMBWMENT INlO (O~(R[H roo;l~G i'ER fH fNGINEUl~G sms EXHIBIT 17 DOUBLE FACED PYLON SIGNS •.a FEDERAL I .. HEATH S.IGN COMPANY Y/Y,'>/ Cc·, llOO Nonh 1-figt!w")' 1 l I EulHs. 1UII! 7Ml39 jill.17) 685-9077 1800! 527-')495 Faxj8l7)6115-9ID3 --... -0<...-.0,·""'""·-"'·-'" ~.,;, . ..,,,..,..,.,.,,,,.,.,,,.., """'°'"'•""'''°"'"',-,.,'""'·"''~"-••1' '"""""'-,..c,..,..,, ....... ,., __ ., "--"'-«---l>J--0. ..... 11< ""-•"" -~·-•'-""""""-"" -"""""''"""'""-"'""""'' Bulldlng Ouallly Slgnage S!n,;:e 11101 .1,.,,,,.,,, al-QS.11-l'YIJJKRR.""'l"'ro'....i:, R:!-0.-ll-\'8'11R,,i,,Jopi,,<,""~'I RlD7151!lll,IJDRUpdofoJt09"'~l.ilW1! r,,,_ R4Gltllil/JOtUpdojoS"'!>la•:o ;p 13 1tl,,i1l1IV1 ... rAl·,,,, ~,..,~,.,.,.;,,.,1, Acco.mt Rep MATT SMITH Pro.,ec, M~.oa~~r JESSICA YIDAL o,,..w,By J. CARPENTER ?coJe(: I loc":,on CARfflaX ----- LOCATION #7252 3751 EAST VALLEY ROAD RENTON, WA 98057 ®=-.@ ::-;;~i&:ir. '-·""'"""'' ,., •. ,,o,o•,,.~,.-,, "••o ""·'"'"""''"'"'· , .......... ,.,.,.. , .... , ..... ., ... , ........... , "' "'"' Wl\~KA'~ Y'J(_) (_f_ L,·n·.llj,;,•.JV,•,iU"·-- _a--c;s:irc:A,;,·:,..~,,n,,:• ,,.,, µ., ,·cc•o,c.C\-•"·' ,1,G:rc,,,c,.~,,t,rc'/l ,. ,c~oC~lL"J ,,;,coc: --0 'A',:"<1 ,,,,,,,, "" " '" .,-~- (o·a,,·,,, , •. , 9 JohF\Jum11,'r 2323110 ,a n,,rr FEBRUARY 24, 2014 Shxi Nurrbfr 6 or 15 /Jcsig~ N,;n,1,~, 23-23170.10.RS Denis Law f - __ _:M:ayo~r -------r .. City O 1 .Jg· r.rr.u rl June 4, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPAi THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC} on June 1, 2015: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM) PROJECT NAME: CarMax Auto Superstore PROJECT NUMBER: LUAlS-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 19, 2015, together with the required fee with: Hearing Examiner, City of Renton, 105S South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, Rocale Timmons Senior Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation Ramin Pazooki, WSDOT, NW Region Larry Fisher1 WDFW Ouwamlsh Tribal Office US Army Corp. of Engineers Renton City Hall • 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE PROJECT NUMBER: APPLICANT: PROJECT NAME: -MITIGATED (DNS-M) 15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Mike Creekmore; CarMax Superstores; 12800 Tuckahoe Creek Parkway; Richmond, VA 23238 CarMax Auto Superstore PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theater facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and E Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west ofthe sales building and sales display. PROJECT LOCATION: LEAD AGENCY: 3751 East Valley Rd City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 19, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: erryHigshiyaa,Ad~nistrator Community Services Department June 5, 2015 JUNE 1, 2015 c/, /, s:: Date Date C<z-\ ;, 3f C.E. "Chip" Vinfent, Administrator Department of Community & Economic Development ~41{~ Date r,,/t(1r Date DEPARTMENT OF C01v1MUNITY AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUAlS-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Mike Creekmore; CarMax Superstores; 12800 Tuckahoe Creek Parkway; Richmond, VA 23238 CarMax Auto Superstore PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theater facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and E Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 3751 East Valley Rd The City of Renton Department of Community & Economic Development Planning Division 1. The applicant shall provide a Final Geotechnical Report containing specific recommendations in order to mitigate potential geotechnical impacts. The Final Geotechnical Report shall be submitted to and approved by the Department of Community and Economic Development prior to, or concurrent with, building permit approval. The applicant shall comply with the recommendation included in the Final Geotechnical Report. ADVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. ,:,''·• ·•'i•••••••••,ll!Jl!.l[[""'"*"-Ji[lillll!Jlll!JiJill!Jiillll!J<Wi[[!l!'ll!J'Mll!Jilii~{ill!Jli!Ji'ill''"l''>!Fll!ll;~!li~i8lill!~RJW!.H[llllllf!iili!i!ljlll!JIIIWll!J-UIUllllBll!-',til')l.ii'li il!jiiflF ['l[jlcfil Hiifi;[ ~JJ1~,g~IJ)~;"'"~~>~1,,1~HH!:,:~-P~~1;;:~~i!LtL~1::ffi.f:~~ifl1!P~1/ ,11li,1~1m1a1i1,:;u~1,,•;;a~;Y11l111,11:l:11:11111l1,"'"'101,,,,,,1111, Recommendations: EXISTING CONDITIONS WATER Water service is provided by the City of Renton. There is an existing 12 inch looped water main around the building that can provide 5,000 gpm. Static pressure available is 74 psi. There is a 2 inch domestic meter, a 2 inch irrigation meter and an 8 inch fire service serving the existing building. SEWER Sewer service is provided by the City of Renton. There is an existing 8 inch sewer main in E. Valley Road. There is an existing 8 inch side sewer serving the building. STORM There is a 12 inch storm conveyance system in the parking lot and is connected to a private storm pond at the rear of the site. STREETS There is an existing 6 foot sidewalk and 8 foot planting strip fronting the site in East Valley Road. CODE REQUIREMENTS WATER 1. Water system development fees will be owed there is an increase to the size of the existing 2 inch domestic water, the 2 inch irrigation meter or the 8 inch fire line. Credit will be given for existing water meter(s) serving the site. SANITARY SEWER 1. Sewer system development fees will be owed if there is an increase to the existing 2 inch domestic water. Credit will be given for existing water meter serving the building. 2. If floor drains are required by the building department, drains are required to be connected to the sanitary sewer system. Flows shall be directed through the floor drains that are installed in accordance with the Uniform Plumbing Code to an interior or exterior oil/water separator. The separator shall be sized to meet a minimum 15 minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. The oil/water separator shall be shown on the civil drawings. SURFACE WATER 1. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance ofthe utility construction permit. 2. A drainage report dated April 6, 2015 was submitted by Pacland Engineers with the site plan application. The redevelopment project is subject to Full Drainage Review in accordance with the 2009 King County Surface Water Manual and the City of Renton Amendments to the KCSWM, Chapters 1 and 2. Based on the City's flow control map, this site falls within the Peak Rate Flow Control Standard, Existing Conditions. The site is located within the Black River Drainage Basin. The site is located outside the 100 year flood plain and outside the Aquifer Protection Zone. The existing 12.28 acre site consists of 85% of impervious surface area (building and asphalt parking lot) and 15% (2.11 acres) of landscaping and wetland. Approximately 8.00 acres of the site is PGIS. The project is subject to a Level 1 downstream analysis. All stormwater runoff from ERC Mitigation Measures and Advisory Notes Page 2 of 5 the site drains to an existing combined detention and water quality pond located at the west end of the site. Enhanced Basic Water quality will be required in accordance with Core Requirement #8. The project will add 43,375 square feet of new PGIS which exceeds the threshold of 5,000 square feet. The engineer has proposed a StormFilter system to meet the Enhanced Basic Water Quality treatment. The engineer has demonstrated the increase in the 100 year peak runoff is less than 0.1 cfs. 3. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing ofthe site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 4. A geotechnical report dated February 7, 2014 was prepared and submitted by Zipper Geo Associates. Due to high groundwater seepage at certain times of the year, dewatering will be required. A permit from the City and King County Metro may be required if storm water will be directed to the sanitary sewer. TRANSPORTATION/STREET 1. Existing right of way width in this section of East Valley Road is 80 feet. This street has been identified as a Collector street. The applicant has submitted a letter with the site plan application requesting a modification of the street standards allowing the existing 6 foot sidewalk and 8 foot planting strip to remain. Staff would support this request since there are no plans to widen the existing paved roadway in East Valley Road in the future. 2. Existing right of way in SW 41st Street width fronting the site is 80 feet. This street has been identified as a Collector street. Minimum right of way per code is 83 feet. To meet the City's new complete street standards, frontage improvements will include construction of an 8 foot sidewalk, 8 foot planter strip, curb, gutter, approximately 17 feet of pavement from centerline. There is existing 6 foot sidewalk in an easement and a 12 foot planting strip fronting the site in SW 41st Street. Staff would support a modification to the street standard, allowing the existing improvements to remain since there are no plans to widen the existing paved roadway in SW 41st Street in the future. 3. A street lighting plan meeting the minimum City standard along East Valley Road and SW 41st Street is required with the construction permit submittal. Lighting standards and lighting levels shall meet Renton Municipal Code 4 6 0601. A lighting analysis is required with the street lighting plan. 4. Transportation has no concerns with the on-site "shoebox" lighting proposed along the east property line adjacent to East Valley Road. 5. Traffic impact fees will be determined at time of building permit(s). No impact fees are anticipated since there is a net decrease in traffic impacts. Recommendations: Environmental Impact Comments: 1. Fire impact fees are applicable, however the credit granted for the removal of the existing building will exceed the new fee, resulting in no new fees due. Code Related Comments: 1. The preliminary fire flow is 2,000 gpm. A minimum of one hydrant is required within 150 feet of the structure and one additional hydrant is required within 300 feet ofthe structure. One hydrant shall be within 50 feet of the required fire department connection. Building shall also comply with maximum hydrant spacing requirements of 300 feet on center. It appears adequate fire flow is available in this area. ERC Mitigation Measures and Advisory Notes Page3of5 2. Approved fire sprinkler and fire alarm systems are required throughout the building. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 3. Fire department apparatus access roadways are required within 150 feet of all points on the building. Fire lane sign age required for the on site roadway. Required turning radius are 25 feet inside and 45 feet outside. Roadways shall be a minimum of 20 feet wide. Roadways shall support a minimum of a 30 ton vehicle and 322 psi point loading. Access gates shall be a minimum of 20 feet clear span and shall be fully automated and be equipped with Click 2 Enter access opening device. Applicant has not shown how they will comply with fire access apparatus requirements, plans as shown will not be approved. 4. An electronic site plan is required prior to occupancy for pre fire planning purposes. 5. A hazardous material inventory statement shall be submitted prior to building permit issuance. Use of city form or approved equivalent required. Separate plans and permits required for the installation of all aboveground flammable and combustible liquid tanks and piping systems. iJ/olreaffi'~e'''c,:'J.l!' ''inf!i!lll!anf}'IMlliiil'~lvllili"''' Eli:Jiltt!!DU!IJ~,IIJJl"'Jl!iil:lf~a>fiii'Aiirlffiifoliwati lll'•'"iiiFl' " , .... -IIL,~,-imll!... • ... , .. -•,u•11.!i!1, ...... !i!~[,,;1,,,,, ........... _. .."511., ,.JJ .. """"~'·•"'' ... ,, Iii llli .. " "' Recommendations: 268 Police Calls for Service Estimated Annually CONSTRUCTION PHASE • Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site should have security lighting, and any construction trailer or storage area should be completely fenced in with portable chain link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. • Construction trailers should be kept locked when not in use, and should be fitted with heavy duty deadbolts with a minimum 11/2" throw when bolted. Any construction material that contains coper should be removed from the construction site at the end of each working day. Glass windows in construction trailers should be shatter resistant. Toolboxes and storage containers should be secured with heavy duty padlocks and kept locked when not in use. • "No Trespassing" signs should be posted on the property during the construction phase. These signs will allow officers, upon contact, to provide a verbal warning to trespassers that should they be contacted on the property again, they could be cited and/or arrested. COMPLETED FACILITY • All exterior doors should be made of solid metal or metal over wood, with heavy duty deadbolt locks, latch guards or pry resistant cylinders around the locks, and peepholes. All strikeplates should have 2 1/2 to 3" wood screws. If glass doors are used, they should be fitted with the hardware described above and additionally be fitted with a layer of security film. Security film can increase the strength of the glass by up to 300%, greatly reducing the likelihood of breaking glass to gain entry. • Access to the back of the buildings should be limited, preferably with security fencing or gates, as these areas could be vulnerable to crime due to the lack of natural surveillance by vehicle and/or pedestrian traffic. It is recommended the business be monitored by recorded security systems. It's common for businesses to experience theft and/or vandalism during the hours of darkness. An auxiliary security service could be used to patrol the property, preferably between the hours of 10:00 p.m. and 6:00 a.m. It is important to direct all foot traffic into the main entrance of the building. Any alternative employee entrances should have coded access to prevent trespassing. ERC Mitigation Measures and Advisory Notes Page 4 of 5 • All areas of this project need to have adequate lighting. This will assist in the deterrent of theft from motor vehicle (one of the most common crimes in Renton) as well as provide safe pedestrian travel for customers utilizing the business. • The structure should have a building number clearly posted with numbers at least 6" in height and of a color contrasting with the building. This will assist emergency personnel in locating the correct location for response. • Landscaping should be installed with the objective of allowing visibility-not too dense and not too high. Too much landscaping will make customers and employees feel isolated and will provide criminals with concealment to commit crimes such as burglary and malicious mischief (property destruction). It is key for safety and security reasons to have appropriate lighting and signage. "No Trespassing" signs should be posted in conspicuous locations throughout the property, including entrances to the property and parking areas. • I highly recommend that the developer have a Renton Police Crime Prevention Representative conduct a security survey ofthe premises once construction is complete. ERC Mitigation Measures and Advisory Notes Pages of 5 . ..;:.~ ... ". --·-~-~--~--·~· _ ___....,._...~,;i.:.-... ~,, .... :,""''"~' ( ) OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: CARMAX AUTO SUPERSTORE PROJECT NUMBER: LUA15-000280, ECF, SA-H, MOD, MOD, MOD, VA-A LOCATION: 37S1 EAST VALLEY RD DESCRIPTION: THE APPLICANT IS REQUESTING HEARING EXAMINER SITE PLAN REVIEW, ENVIRONMENTAL (SEPA) REVIEW, THREE MODIFICATIONS, AND A VARIANCE FOR THE CONSTRUCTION OF A NEW 20,220 SQUARE FOOT CARMAX AUTO SUPERSTORE FACILITY INCLUDING A DEALERSHIP, SERVICE BUILDING, AND NON-PUBLIC CAR WASH. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF EAST VALLEY RD BETWEEN SW 41ST ST AND SW 43RD ST AT 3157 EAST VALLEY RD. THE PROJECT SITE TOTALS 12.28 ACRES IN AREA AND IS ZONED COMMERCIAL ARTERIAL (CA) AND MEDIUM INDUSTRIAL (IM). THE SITE CURRENTLY CONTAINS A 74,000 SQUARE FOOT THEATER FACILITY WHICH IS PROPOSED FOR REMOVAL. THERE ARE TWO PRIMARY ACCESS POINTS ON EAST VALLEY ROAD; A SECONDARY ACCESS POINT ON SW 41ST ST; AND A THIRD ACCESS POINT TO THE WEST WHICH CONNECTS THE SITE TO LIND AVE. CUSTOMER AND EMPLOYEE PARKING, IN THE AMOUNT OF 244 PARKING STALLS WOULD BE LOCATED WEST OF THE DISPLAY AREA WITH CUSTOMER ACCESS FROM THE PARKING LOT ON THE SOUTH SIDE OF THE BUILDING. THE PRIMARY AND FIRST PHASE OF SALES DISPLAY AREA WOULD CONTAIN 423 SPACES, LOCATED ON THE EAST SIDE OF THE PROPERTY FRONTING ONTO E VALLEY RD, AND SECURED BY HIGHWAY GUARDRAIL AND EMBASSY-STYLE SECURITY GATES. THE PHASE II SALES LOT CONTAINS 84 SPACES AND IS LOCATED AT THE NORTHWEST CORNER OF THE PRIMARY SALES LOT. THE PHASE Ill SALES LOT CONTAINS 108 SPACES AND IS LOCATED AT THE SOUTHEAST CORNER OF THE PROPERTY AT THE CORNER OF SW 41ST STREET AND E VAU.EV RD. EXISTING PARKING AND LANDSCAPING ISLANDS IN THE SOUTHWEST CORNER OF THE SITE (PHASE Ill SALES LOT) ARE PROPOSED TO REMAIN, FOR CUSTOMER AND EMPLOYEE PARKING, UNTIL CARMAX PROCEEDS WITH THE PHASE Ill SALES LOT. ALL NEW STRUCTURES WOULD BE LOCATED CENTRAL TO THE SITE. THE SERVICE BUILDING WOULD BE LOCATED WEST OF THE SALES BUILDING AND SALES DISPLAY. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 19, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON JUNE 23, 2015 AT 11:00 AM TO CONSIDER THE SITE PLAN. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. Denis Law ---111'!!~-~·------- _ __:M:ayor _____ ....,L~.Dllill t \ June 4, 2015 Amanda Steinle Centerpoint Integrated Solutions 1240 Bergen Parkway, Ste A250 Evergreen, CO 80439 Community & Economic Development Department C.E. "Chip"Vincent Administrator SUBJECT: ENVIRONMENTAL (SEPAi THRESHOLD DETERMINATION CarMax Auto Superstore, LUAlS-000288, ECF, SA-H, MOD, MOD, VA-A Dear Ms. Steinle: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non-Significance-Mitigated with Mitigation Measures. A copy of the ERC Report, listing the Mitigation Measures is immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov/business), under Current Land Use Applications. or, • Can be viewed at the Planning Department on the 6th floor, Renton City Hall, 1055 South Grady Way, between 8:30 am and 4:00 pm. Ask for the project file by the project number LUAlS-000288, ECF, SA-H, MOD, MOD, VA- A; or, • Can be purchased at a copying charge of $0.15 per page. The estimated cost for the Environmental Threshold Determination is ~4.41, plus a handling and postage cost of $2.00 (this cost is subject to change if documents are added). Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 19, 2015 together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510 Renton City Hall • 1055 South Grady Way • Renton.Washington 98057 • rentonwa.gov Amanda Steinle • Centerpoint Integrated Solutions 1240 Bergen Parkway, Ste A250 Evergreen, CO 80439 Page2of2 June 4, 2015 Also, a public hearing has been scheduled by the Hearing Examiner in the Council Chambers on the seventh floor of City Hall on June 23, 2015 at 11:00 am to consider the Site. Plan. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff recommendation will be mailed to you prior to the hearing. If the Environmental Determination is appealed, the appeal will be heard as part ofthis public hearing. If you have any further questions, please call me at (425) 430-7219. For the Environmental Review Committee, Rocale Timmons Senior Planner Enclosure cc: Regal Cinemas/ Owner(s) Mike Creekmore 1 CarMax Auto Superstores/ Applicant Jeff Chamber, John Stokka / Party(les) of Record Department of Comr 1ity and Economic Developme ... NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITIEE AND PUBLIC HEARING RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non -Significance Mitigated (DNS-M) for the following project under the authority of the Renton municipal code. Car Max Auto Superstore LUA15-000288 Location: 3751 East Valley Rd. The applicant is requesting HEX Site Plan Review, SEPA, 3 modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located at 3157 East Valley Rd in the CA/IM zone. The site contains a 74,000 square foot theater proposed for removal. Two wetlands are located on site which will not be impacted by the proposal. Appeals of the DNS-M must be filed in writing on or before 5:00 p.m. on June 19, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, 1055 S Grady Way, Renton, WA 98057. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, 425-430-6510. A Public Hearing will be held by the Hearing Examiner in the Council Chambers, City Hall, on June 23, 2015 at 11:00 am to consider the submitted application. If the DNS-M is appealed, the appeal will be heard as part of this public hearing. Interested parties are invited to attend the public hearing. Publication Date: June 05, 2015 DEPARTMENT OF COMMUl ... f AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT £RC MEETING DATE: June 1, 2015 Project Nome: CarMax Auto Superstore Project Number: LUA15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Project Manager: Roca le Timmons, Senior Planner Owner: Regal Cinemas, Inc.; 7132 Regal Lane; Knoxville, TN 37918 of Applicant: Mike Creekmore; CarMax Superstores; 12800 Tuckahoe Creek Parkway; Richmond, VA 23238 Contact: Amanda Steinle; Centerpoint Integrated Solutions; 1240 Bergen Parkway, Ste A250; Evergreen, CO 80439 Project Location: 3751 East Valley Rd Project Summary: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theater facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and E Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. Site Area: 12.28 acres STAFF Staff Recommends that the Environmental Review Committee issue a Determination of RECOMMENDATION: Non-Significance· Mitigated (DNS·M). Project Location Map ERCReport City of Renton Department of.Community & Economic Development CARMAX AUTO SUPERSTORE Report of June 1, 2015 PART ONE: PROJECT DESCRIPTION/ BACKGROUND Environmental Review Committee Report LUA1S-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Page 2 of 10 The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, and three modifications for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located at 3751 East Valley Rd and is bordered by SW 41" St to the south, East Valley Rd to the east, a Harley Davidson Dealership to the north, and a medical retail mixed-use building to the west. The project site is 12.28 acres in area and is zoned Medium Industrial (IM) and Commercial Arterial (CA). The site currently contains a 70,000 square foot theater with associated parking, landscaping, and infrastructure improvements. The proposal includes the removal of the theater and the reconfiguration of the parking and landscaping on site. Additionally, a wetland and stormwater detention/water quality facility is also located on the western 1.13 acres of the site and is proposed to remain following construction. The proposed structures would not exceed a height of 37 feet at the tallest point of the pitched roof elements. Exterior materials would be primarily consists of split face CMU, aluminum storefront framing, pilaster columns, and standing seam roof. An approximate 2.0 acres would be dedicated to customer and employee parking areas containing 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out of three proposed phases. Access to the site is proposed via four existing driveways along SW 41" St and East Valley Rd. The applicant is proposing filling and grading primarily to bring the existing movie theater footprint up to proposed grades. Preliminary earthwork volumes include approximately 6,500 cubic yards of cut soils and 5,000 cubic yards of fill. Fill would be imported from off site. Approximately 80% of the site is proposed to be covered with impervious surfaces following construction. The site contains 80 significant trees; a mix of evergreen and deciduous trees. Existing significant trees along portions of the southern and eastern property lines would remain. All vegetation and trees located within the stormwater management area, located to the west of the site, would remain as well. A total of 43 significant trees on site would remain of which 33 are located outside of the critical areas and buffers. All interior trees and plantings would be removed during the demolition phase of construction and would eventually be replaced at the completion of the project. The applicant is proposing to plant a total of 59 replacement trees. The construction dates for the proposed facility is undetermined at this time. CarMax has a national store grand opening schedule which dictates the respective store construction schedules. Once commenced, construction is estimated to last between 7-10 months. There are two Category 3 wetlands located along the western portion of the site. The applicant is not proposing impacts to existing wetlands on site. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Wetland Study, and Geotechnical Engineering study with the subject application. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 31 parking stalls allowed to no more than 352 parking spaces (244 stalls upon full build-out). The applicant is requesting a lighting modification, from RMC 4-4-060, in order to increase the maximum average lighting levels of 0.9 foot- candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along East ERC Report City of Renton Department of Community & CARMAX AUTO SUPERSTORE omic Development nvironmental Review Committee Report LUA15-000Z88, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 1, 2015 Page 3 of 10 Valley Rd and SW 41" St. Finally, the applicant is proposing a variance from RMC 4-4-100 in order to site a 40-foot pylon sign along East Valley Rd. Staff received a comment letter from the Muckleshoot Indian Tribe Fisheries Division (Exhibits 10) with questions related to the relationship between potential impacts to the wetlands on site and the mitigation plan for the Act Ill Theater (dated 1991). No other public or agency comments have been received. I PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. B. Mitigation Measures C. 1. The applicant shall provide a Final Geotechnical Report containing specific recommendations in order to mitigate potential geotechnical impacts. The Final Geotechnical Report shall be submitted to and approved by the Department of Community and Economic Development prior to, or concurrent with, building permit approval. The applicant shall comply with the recommendation included in the Final Geotechnical Report. Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 ERC Report Site Plan Landscape Plan Aerial Photo Elevations Parking Supply Analysis (dated April 27, 2015) Geotechnical Report (dated February 7, 2014) Drainage Report (dated April 6, 2015) Traffic Impact Study (dated April 6, 2015) Public Comment Letter: Muckleshoot Indian Tribe Fisheries Division Wetlands & Drainage Delineation Report (dated February 5, 2014) D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated ta occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The site can best be characterized as flat with the exception of the existing vegetated stormwater management area located on the western 1.13 acres of the site. Within the stormwater management area, the steepest slope is approximately 33%. ERC Report City of Renton Department of Community & Economic Development CARMAX AUTO SUPERSTORE Report of June l, 2015 Environmental Review Committee Report LUA15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Page 4 of 10 The site soils consist of 5 to 9 feet of fill soils consisting of medium dense to dense, moist, gravelly sand to sandy gravel with some silt. This layer is underlain by Lacustrine organic silt and peat deposits. Alluvial deposits were encountered below this layer down to a depth of approximately 32 to 33 feet below existing grade, consisting of loose to medium dense sand with variable silt content. The applicant is proposing filling and grading primarily to bring the existing movie theater footprint up to proposed grades. Preliminary earthwork volumes include approximately 6,500 cubic yards of cut soils and 5,000 cubic yards of fill. Fill would be imported from off site. Approximately 80% of the site is proposed to be covered with impervious surfaces following construction. The applicant submitted a Geotechnical Report prepared by Zipper Geo Associates, dated February 7, 2014 (Exhibit 7). The report states that subsurface exploration included 26 borings across the site primarily extended to depths of approximately 21 feet. There were three borings which were advanced to depths ranging from 64 to 86.5 feet. A large portion of the site area is covered by an existing structure and as a result, this area was not accessible for exploration. The provided geotechnical report recommends additional explorations be completed within the existing building footprint prior to final design of ground improvement and foundations. Groundwater depths were encountered in all 26 borings ranging from 2-12 feet below grade. The possibility of groundwater level fluctuations and perched water above lacustrine organic silt and peat deposits should be considered when developing the design and construction plans for the project. Due to high groundwater seepage at certain times of the year, dewatering will likely be required. The report also includes an analysis of settlements associated with new building loads. The report recommends the grading plan be developed to minimize thickness of new fills to the extent feasible. It was also recommended that the ground improvements such as geopiers or stone columns could be used to mitigate post-construction settlement. The geotechnical report included other specific recommendations in order to mitigate potential geotechnical impacts including: seismic design, structural fill, foundations, drainage considerations, site prep, utility trenches, temporary shoring, retaining walls, and pavements. Therefore, staff recommends as a mitigation measure that the applicant provide a Final Geotechnical Report containing specific recommendations in order to mitigate potential geotechnical impacts. The Final Geotechnical Report shall be submitted to and approved by the Department of Community and Economic Development prior to, or concurrent with, building permit approval. Soil erosion is possible during demolition of existing structures and improvements, especially if conducted in the wet season. The applicant will be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. Mitigation Measures: 1. The applicant shall provide a Final Geotechnical Report containing specific recommendations in order to mitigate potential geotechnical impacts. The Final Geotechnical Report shall be submitted to and approved by the Department of Community and Economic Development prior to, or concurrent with, building permit approval. The applicant shall comply with the recommendation included in the Final Geotechnical Report. Nexus: SEPA Environmental Regulations, RMC 4-4-060 Grading, Excavation, and Mining Regulations 2. Water a. Wetland, Streams, Lakes Impacts: The applicant submitted a Wetland Delineation (Exhibit 11), prepared by H&S Consulting (dated February 5, 2014). The report identified two wetlands on site (Wetlands A and B). Wetland A is a 5,140 square foot Category 3 wetland located along the western property boundary. Wetland A is located within £RC Report City of Renton Department of Community & Economic Development CARMAX AUTO SUPERSTORE Report of June 1, 2015 Environmental Review Committee Report LUAlS-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Page 5 of 10 the stormwater control system along the west boundary of the site. This wetland appears to have been created by the filling of the site, cutting off drainage to the drainage ditch to the north. Hydrology for this wetland was provided by stormwater drainage from the commercial development on all sides of the feature. Wetland B is a 2,621 square foot is also classified as a Category 3 wetland. This wetland is also located within the stormwater control system along the west boundary and to the north of the site. This wetland appears to have also been created by the filling of the site. Hydrology for this wetland was provided by stormwater drainage from the commercial development on all sides of the feature. The report states that although these areas express wetland characteristics, their wetland functions were subsumed by the detention/retention functions of the storm water facility upon development of the site. Additionally, the report characterizes the wetlands as artifacts of stormwater management and as a result they should not be regulated as "Critical Areas". However, the wetlands on site are a result of required mitigation for impacts to wetland area associated with the Act Ill theater development. Therefore, the resulting wetlands have been determined to be regulated features as they meet the criteria for Category 3 Wetlands. The applicant referenced a Wetland Study/Mitigation Plan (dated September 16, 1996) associated with the existing improvements. The plan mitigated buffer impacts caused by the construction of the theater and associated improvements. However, the City has been unable to determine the success of the installed mitigation project. While the applicant is not proposing any additional impacts a comment letter was received by Muckleshoot Indian Tribe Fisheries Division (Exhibit 10) with comments related to the relationship between the existing mitigation plan and the proposed construction. The proposed development would terminate at the western edge of present development and no encroachment into the wetland/detention complex is proposed at this time. Conditions associated with Site Plan approval will likely include wetland signage and fencing and review and approval of a final mitigation plan, if impacts are necessary, which would include baseline information for the Act Ill Theater Mitigation Plan (dated September 16, 1991) in order to address concerns raised by the Muckleshoot Indian Tribe Fisheries Division. In order to preserve and protect the wetland, stream, and associated buffers the applicant will also be required to maintain the Native Growth Protection Easement over that part of the site encompassing the wetland and buffer area. The City's Critical Area Ordinance is anticipated to change prior to building permit application/vesting. The applicant will be required to comply with the Critical Area Ordinance in effect at the time of complete building permit application. The new Critical Area Ordinance is expected to allow the existing improvements to be maintained to the extent of existing boundaries without the need for additional mitigation. Mitigation Measures: No further mitigation needed Nexus: Not applicable b. Storm Water Impacts: The project site is located within the Lower Green River subwatershed. The site is developed and is primarily impervious with the exception of landscape islands within and along the perimeter of existing parking areas and the existing wetland and stormwater facilities on the western 1.13 acres of the property. The stormwater facility includes a detention pond, three water quality ponds, and two grass-lined swales just east and south of the wetlands. The existing site also includes a storm drainage system designed to collect stormwater at strategically placed catch basins throughout the site. The stormwater is then conveyed through underground pipes to a swale at the rear of the theater building. After traveling through one of the two swales, runoff passes through the existing stormwater detention/treatment facilities and enters the City's stormwater system at Lind Ave SW. This system continues north for approximately 1,300 feet, before heading west approximately 450 feet to the discharge point of Springbrook Creek. ERCReport City of Renton Department of Community & Economic Development CARMAX AUTO SUPERSTORE Report of June 1, 2015 Environmental Review Committee Report LUA15-000188, ECF, SA-H, MOD, MOD, MOD, VA-A Page 6 of 10 A total area of 1.53 acres offsite contributes to the existing stormwater facility located onsite. Catch basins and inlets along East Valley Rd, along the eastern side of the site, intercept road runoff before it reaches the site. Additionally, the existing topography surrounding the site prevents any significant amount of run-on. The applicant submitted a Preliminary Drainage Report prepared by Pacland, dated April 6, 2015 (Exhibit 8). The site lies within the Peak Rate Flow Control Standard (Existing Site Conditions). The proposed 12.28 acre site is expected to generate 5.03 cfs; a 0.02 cfs increase in the 100-year peak flow rate from the existing site conditions. The report states the project is exempt from flow control requirements as it doesn't increase the 100-year peak flow by more than 0.1 cfs and it is not expected to significantly impact a critical area, or cause severe flooding or erosion problems. Therefore, additional flow control facilities, beyond the existing stormwater ponds and flow control structure, are not proposed as part of this project. The proposed project improvements would increase the pollution generating impervious surface (PGIS) by 1.0 acre. Enhanced Basic Treatment is required if more than 50% of the runoff that drains to the proposed treatment facility is from commercial land use. Additional Enhanced Basic Water Quality treatment would be provided for the increase in PGIS. Additionally, an oil/water separator, which would discharge to the sanitary sewer system, is proposed for discharges from the service building and carwash. The applicant proposes to utilize the existing stormwater system for conveyance, water quality, detention, and flow control systems and provide improvements to conveyance and water quality as required. A conveyance system consisting of catch basins and storm pipes is proposed to be constructed in the parking areas to collect drainage from impervious surfaces and convey runoff to the proposed water quality facilities. City staff has reviewed the preliminary Drainage report and finds it acceptable for land use review. Mitigation Measures: No further mitigation required. Nexus: Not Applicable 3. Noise Impacts: Existing noise within the vicinity of the subject site is primarily composed of vehicles on adjacent streets. Temporary construction noise is anticipated as a result of the subject project. Based on the provided construction mitigation description the commencement of construction is undetermined. However, construction is anticipated to occur over 10 months. At this time, the applicant has indicated that construction work would occur during typical construction hours. Furthermore, the site is surrounded by industrial activity and/or commercial development. Therefore, the temporary noise impacts are anticipated to be minimal and limited in duration. Mitigation Measures: No further mitigation required. Nexus: Not Applicable 4. Transportation Impacts: The subject site fronts onto SW 41" St to the south and East Valley Road to the east. The applicant submitted a Traffic Impact Analysis prepared by TENW, dated April 6, 2015 (Exhibit 9). An analysis was conducted on the following Transportation items: Driveways/Access: There are four access driveways connecting the site that are proposed to remain unchanged and are shared with neighboring commercial businesses. Two full access driveways are located along East Valley Rd, one full access driveway is located on SW 41" St, and another full access (signalized) driveway is located west of the site at the intersection of Lind Ave SW/ SW 39th St. Trucks would access the site by entering the north driveway on East Valley Rd and exiting at the south driveway on East Valley Rd. Customers and employees would primarily use the southern driveway on East Valley Rd and the driveway on SW 41" St, with minor usage of the driveway on Lind Ave SW. ERCReport City of Renton Department of Community & Economic Development CARMAX AUTO SUPERSTORE Report of June l, 2015 Frontage Improvements: Environmental Review Committee Report LUAlS-000188, ECF, SA-H, MOD, MOD, MOD, VA-A Page 7 of 10 SW 41" St: SW 41st Street is a four/five-lane, east-west two-way collector providing a link between the SR 167 SB ramps and Oakesdale Ave SW. Along the project frontage, the roadway includes four lanes and includes curbs, gutters and sidewalks on both sides of the street. The existing half street right-of-way width is estimated at approximately 39 feet. The proposal is required to dedicate 7 feet according to the City's Complete Street Standards which include a 0.5 foot wide curb, 8 foot wide landscaped planter, 8 foot wide sidewalk, and 1 foot back of sidewalk behind the existing curb. The applicant has requested a modification in order to eliminate the need for dedication and maintain the existing curb, gutter, sidewalk (6-foot wide), and landscaping (3-8 feet in width) on the north side of the street. As part of the Site Plan Review recommendation to the Hearing Examiner, staff will be recommending approval of the modification to allow the existing right-of-way width and improvements to remain as is. East Valley Rd: East Valley Rd is a north-south two-way collector street abutting the project site to the east. Along the project frontage, the roadway includes two southbound lanes, one northbound lane, and a center two-way left-turn lane. Curbs, gutters and sidewalks exist on both sides of the street and landscaping is located on the west side of the street within the right-of-way. The existing right-of-way width is estimated at approximately 80 feet. The proposal is required to dedicate 1.5 feet according to the City's Complete Street Standards which include an 8 foot wide landscaped planter, 8 foot wide sidewalk, and 1 foot back of sidewalk behind the existing curb. The applicant has requested a modification in order to eliminate the need for dedication and maintain the existing curb, gutter, sidewalk (6-foot wide), and landscaping (6-8 feet in width) on the east side of the street. As part of the Site Plan Review recommendation to the Hearing Examiner, staff will be recommending approval of the modification to allow the existing right-of-way width to remain as is. Level of Service: The provided transportation study included weekday AM/PM peak hour level of service analysis, queuing analysis, and traffic volume impacts at the following four study intersections: 1. E Valley Rd/ SW 41" / SR-167 SB Ramps 2. Lind Ave SW/ SW 39th St/ Site Access 3. E Valley Rd/ South Site Access 4. E Valley Rd/ North Site Access 5. SW 41" St/ Site Access The completed project is anticipated to generate -1,623 net new weekday daily trips, 39 net new weekday AM peak hour trips, and -124 net new weekday PM peak hour trips. The net new trip generation was calculated by subtracting the trips from the movie theater to be removed from the trips generated by the proposed CarMax. The results of the LOS analysis showed that all study intersections would operate at acceptable levels (LOS D or better) in 2017 with or without the proposed project. City staff has reviewed the preliminary TIA and finds it acceptable for land use review. There are no significant traffic impacts as a result of this redevelopment project and no transportation impact fees are required, given the project would not generate any new net trips. However, it was noted in the TIA that existing weekday AM peak hour traffic counts were collected by All Traffic Data, Inc.; but, this information was not included in the TIA appendices. Staff will be recommending, as a condition of Site Plan approval, that the TIA be revised to include the traffic counts referenced from All Traffic Data, Inc. Parking: An approximate 2.0 acres would be dedicated to customer and employee parking areas which would contain a total of 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out of three proposed phases. Phase I of the sales lot would be 2.5 acres and would provide 423 sales spaces along East Valley Rd. The Phase II sales lot is 0.51 acres and would be utilized as a vehicle staging area at the northwest corner of the ERCReport City of Renton Department of Community & Economic Development CARMAX AUTO SUPERSTORE Report of June 1, 2015 Environmental Review Committee Report WA15-000288, ECF, SA-H, MOD, MOD, MOD, VA-A Page 8 of 10 Phase I sales lot. The second phase is proposed to be screened by a temporary chain link fence until such time CarMax proceeds with Phase II. At which time the temporary chain link fence would be removed, a masonry wall constructed and final parking stall striping would be applied for 84 sales spaces. The third and final phase of the sales lot would be 1.03 acres and is located at the southeast corner of the property at the corner of SW 41'1 St and East Valley Rd. The Phase Ill sales lot would be utilized by 108 customer/employee parking spaces until the need for additional sales vehicles exist. At that time, the Phase Ill sales lot, totaling 103 sales spaces, would be secured with the embassy-style security gate, guardrail, and ornamental fence along East Valley Rd. The sales parking areas are exempt from RMC 4-4-080 for count and dimensional requirements. However, the customer and employee parking areas are subject to the standards of RMC 4-4-080 which allow no more than 31 parking stalls for the proposed use. The applicant is requesting a parking modification from RMC 4- 4-080 in order to exceed the maximum number of allowed parking stalls by no more than 321 parking spaces (213 stalls upon full build-out). TENW conducted a parking demand study utilizing data from other CarMax locations given CarMax has a regional customer draw unlike many other retailers and auto dealers (Exhibit 6). The number of proposed stalls is based on the sales lot, peak weekend traffic, and peak employee shifts. At store maturity, up to 200 customers per day are anticipated along with 100-130 employees per day (including all shifts). However, it is unclear based on the information provided how many stalls would be needed at any given time. Parking information provided with the modification request includes aerial photo data from other CarMax locations from which there is no way to document the time of day which the photos were taken. However, assuming the photos represent peaks in parking use it appears the average parking utilization is approximately 77%. However, there still appears to be a missing correlation to the actual demand for the store and requested parking stalls. As part of the Site Plan Review staff will provide an analysis for the requested modification as the Renton Municipal Code is capable of mitigating any potential parking impacts. It is likely staff would support the requested modification given the regional draw of the use. However, recommended conditions of Site Plan Review approval will likely include a small reduction in the number of parking stalls (approximately 25 stalls in Phase Ill) or a redesign in the layout in order to balance the desire for parking and the additional on-site landscaping/screening required along the street. Concurrency: A concurrency recommendation will be provided in the staff report to Hearing Examiner based upon the test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation. The development will have to meet the City of Renton concurrency requirements. Mitigation Measures: No further mitigation needed Nexus: Not applicable E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ./ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period {RCW 43.21.C.075{3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on June 19, 2015. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7'h Floor, (425) 430-6510. ERCReport City of Renton Department of Communi CARMAX AUTO SUPERSTORE Economic Development Envir, ntal Review Committee Report LUAlS-OOOZBB, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 1, 2015 Page 9 of 10 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes ore provided as information only, they ore not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 a.m. to 3:30 p.m., Monday through Friday unless otherwise approved by the Development Services Division. 2. A tree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. 3. The City's Critical Area Ordinance is anticipated to change prior to building permit application/vesting. The applicant will be required to comply with the Critical Area Ordinance in effect at the time of complete building permit application. Water 1. The development is subject to applicable water system development charges {SDC) fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The SDC fee is paid prior to issuance of the construction permit. 2. Water system development fees will be owed as there is an increase to the size of the existing 2-inch domestic water, the 2-inch irrigation meter or the 8-inch fire line. Credit will be given for existing water meter(s) serving the site. 3. Civil plans for the water main improvements will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. A conceptual sewer plan has been submitted. 2. Sewer system development fees will be owed if the there is an increase to the existing 2-inch domestic water. Credit will be given for existing water meter serving the building. 3. If floor drains are required by the building department, drains are required to be connected to the sanitary sewer system. Flows shall be directed through the floor drains that are installed in accordance with the Uniform Plumbing Code to an interior or exterior oil/water separator. The separator shall be sized to meet a minimum 15-minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. The oil/water separator shall be shown on the civil drawings. Surface Water 1. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (5WPPP) is required for this site. 2. Storm report is acceptable for preliminary review. It will be reviewed in full detail at the time the project is submitted for a construction permit. 3. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 4. Due to high groundwater seepage at certain times of the year, dewatering will be required. A permit from the City and King County Metro may be required if storm water will be directed to the sanitary sewer. Transportation/Street 1. Street lighting as per the current City standards is required to be provided on the public street frontages on SW 41st Street, Lind Ave SW, and SW 43rd Street. 2. Pavement thickness must follow city of Renton standards. 3. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. Fire 1. Fire impact fees are applicable, however the credit granted for the removal of the existing building will exceed the new fee, resulting in no new fees due. 2. The preliminary fire flow is 2,000 gpm. A minimum of one hydrant is required within 150 feet of the structure and one additional hydrant is required within 300 feet of the structure. One hydrant shall be within 50 feet of the required fire department connection. Building shall also comply with maximum hydrant spacing requirements of 300 feet on £RC Report City of Renton Department of Community & CARMAX AUTO SUPERSTORE omic Development vironmental Review Committee Report LUA1S-OOOZ88, ECF, SA-H, MOD, MOD, MOD, VA-A Report of June 1, 2015 Page 10 of 10 center. It appears adequate fire flow is available in this area. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Separate plans and permits are required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150 feet of all points on the building. Fire lane signage is required for the on-site roadway. Required turning radius are 25 feet inside and 45 feet outside. Roadways shall be a minimum of 20 feet wide. Roadways shall support a minimum of a 30 ton vehicle and 322 psi point loading. Access gates shall be a minimum of 20 feet clear span and shall be fully automated and be equipped with Click 2 Enter access opening device. Applicant has not shown how they will comply with fire access apparatus requirements, plans as shown will not be approved. 5. An electronic site plan is required prior to occupancy for pre fire planning purposes. 6. A hazardous material inventory statement shall be submitted prior to building permit issuance. Use of city form or approved equivalent required. Separate plans and permits required for the installation of all aboveground flammable and combustible liquid tanks and piping systems. General Comments 1. Separate permits and fees for side sewer connection and storm connection will be required. 2. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 3. A landscaping plan shall be included with the civil plan submittal. Each plan shall be on separate sheets. ERC Report /'./\-:\ "\. --J, ·. ,-/ /' {;t:J EXHIBITS /\-.:.,., '<,:-~\-\\"'' Project Name: Project Number: CarMax Auto Superstore LUA15-000288, SA-H, ECF, MOD, MOD, MOD, VA- A, Date of Hearing Staff Contact Project Contact/Applicant Project Location 6/23/2015 Roca le Timmons Amanda Steinle 3751 East Valley Rd The following exhibits were entered into the record: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 ERC Report Site Plan Landscape Plan Aerial Photo Elevations Parking Supply Analysis (dated April 27, 2015) Geotechnical Report (dated February 7, 2014) Drainage Report (dated April 6, 2015) Traffic Impact Study (dated April 6, 2015) Public Comment Letter: Muckleshoot Indian Tribe Fisheries Division Wetlands & Drainage Delineation Report (dated February 5, 2014) ... . I r City of r .,,. - ' e ." ~- II ! u I ~ • • I I ~ ---· ova~ A311v /\ 3 " i3 :;, ~ 'T " c ,re ~:§ ~ '' "'~ ::!"~' al" a • ls !;f I '" ., . ~ ! i I h ! 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'J' JI ,W .,.,.,_., -. -. . ·-@I' -•b·' SW 41ST ST Gh:Al'l!lt ~C,\IJ: •,;,.•.•w-, CARmax Cl <( 0 a:: >-UJ _J _J <( > UJ PHASE Ill SALES LOT DET Al~- EXHIBIT 3 ~-STORE N0'.7252-- RENTON. WA LANDSCAPE PLAN L-1.0 !WI--• _ _. _ ......... r 131)i1Mlll ·~~ ~i 0\fOH A311\f A 3 ,-,--· ··-·· -··- I • • ' I : __ -i . '. • I • • I i I I ;ir 1 . ' ., . ' ... ~.,' -------------· ' f ' ;, ,,aa m' ... '., ' . ·11 •• ' ' ,, ---.··--·-·--• ' ~ Ill 'o ..J. [fl ..J - <( ' (J) " ,!is~ ;· ) liH! ~ 1-- · r · -~---'-, ~ ' ··-· l/) ' ...-1 I o::j" s l/) • 1·-·_:_-=._· :.-=-·:.1 ,: 1, I I l t : t. • I. . r, ·. 1\· I .,h 11 ,, 1 . ! ,\ • -'II , -:,. ./ -R I· ..~ r·---1 I • • I ' I ' • .. ' I_ 1. -,.-~ ' -" h! :;;i;. l : f !11 • ~ : 1 • I : < • ~1 • I I • • I .. • I ! li I i• l . . ;i . . ij ·----·---~. !I I -....,, ~n ·, . ··,.. i ' . . -·------· ' I ~ I <' I ~ ~ ~ ~ ' I cl ~ li! I ~ i ~ ~ f ~- ~! ~i -, ! -~ C. ~" ~-~ ., -0) :rn ~ j I I f i i i f I Notes None ~~lilm 0 128 0 64 128 Froet WGS _ 1984 _Web_ Mercator __ Auxiliary Sphere c~1~e·rrton Finance & IT Division .. JA 15-000288 CarM Legend City and County Boundary Other City of Renton Addresses Parcels 1st Floor 1st Floor 2nd Floor 1st Floor OthPr R11ilrlinn<:: Information Technology-GIS RentonMapSupport@Rentonwa.gov 5/26/2015 EXHIBIT 4 THIS MAP IS NOT TO BE USED FOR NAVIGATION ~--1 Os ~ --·~ ;~~~ ...,~ : •q ,/' ,/' ,/' ,/' " .. 11 .. ,. ~'i ,· • ~ 'i N ' ;1: "' ! ! • w • ~! i l ~~ • i :~ 1 I ~w ~ I h ii !! ! ·' l! !l ,, l H l) .. !I!! ; z~! ol !i • 1 w 0: ! ! ,/' 't ,/' ,/',/' ,r .. • ~-ii .. 1m .. ! e' ' II ,. " ! I •! ~i • j! Jd e • e ' I l'3 I h I II\ ! I--, ,, ~1 '""' ii j ' ll l:Q 1l I l! I l, ;~ '""' • I I' ::c ; j., i ,\ h l >< ' 11r_ i i j;. I LLI I ' n1 '· I l ;:} I 'I :!. I, s f~ li ' I; ~J ·,, ll ' ;~ l 1~ t i~ :~ .j,,l I :~'.· ] C :\".:l! :----1 IUJ ,,. ji j d :~ < ~ ! i, H~ 1jt~l5 ! !5 I ::: l'l m· i i I 1 ! !' la' '1.! I ~ i I •! .8 I~' i! ~I ~: ! • ! . ~ i i • ; l !i !· ~ t lJ-i W·, ~i f; •• I . ~ . ~ O'l II , ,, •• ;~;-! .. ,. ci:l;i:";' I, V,11 ~" ' s~ ~ s~ ~i I ie .;;·~ " ,,.m~ s:i t ~~ 't~ ,. ~. ,, ,. iir .. .. .... .. .. .. ii ~~ ii :;,, Y.l!l' >',ii: ... ,! .1!: .. ~-~ .. ~-~ • -· ~· ., Entire Document Available Upon Request April 27, 2015 1505 WES I LAKr. A \/1-,. '.\I SUITE 305 SEATTLE, WA 98109 T206. ..1510 F 206.522.8344 \V'WW.PACLAND.COM CarMax Auto Superstore -Renton, WA Parking Supply Analysis The purpose of this analysis is to present the empirical data collected to support the modification request for an increased parking supply over the parking maximum allowed in the City of Renton code. SECTION 1: INTRODUCTION The property is located at 3751 E. Valley Road in Renton, Washington. The site is bordered by SW 41" Street to the south, E. Valley Road to the east, a Harley-Davidson dealership to the north, and a medical and retail mixed-use building to the west. The site is currently developed as the Act III Movie Theater, which has a building footprint of 61,856 square feet, with associated parking and landscaping. A wetland and a stormwater detention and water quality facility is also located on the western 1.13 AC of the site. The entire lot is approximately 12.28 acres in size. This project proposes to demolish the existing theater and redevelop the site to become a CarMax Auto Superstore car dealership. CarMax as a use is a combination of a pre-owned auto dealership, car servicing operation along with private auto auction. CarMax has approximately 145 stores across the country and has heavily analyzed their parking demand, per previous store experiences. CarMax has defined the parking demand to adequately operate in Renton to be 244 customer and employee stalls. CarMax's projections are based on the size of the sales lot, peak weekend traffic and peak employee shifts. The sales lot size is based upon the market demand and sales projections for this store. Unlike traditional car dealers, CarMax's number of transactions are typically 3-4 times the average new car dealer transactions. CarMax will purchase cars from customers without the requirement that the customer purchase a vehicle from CarMax. These cars are brought to CarMax and parked in the customer/employee lot until they are appraised and processed. This process also adds to the number of parking stalls that are required for CarMax to operate. CarMax wants to ensure that all parking lots are safe for pedestrians and vehicle traffic. CarMax does not want vehicles to be parked in drive aisles, in landscape areas or on adjacent properties due to lack of parking spaces on site. SECTION 2: BACKGROUND Customer Parking: CarMax has a regional customer draw unlike many other retailers and auto dealers. When evaluating sites and potential markets, CarMax's sales market radius is typically forty (40) miles. They have found that customers will drive this relative distance to purchase a vehicle. Unlike traditional car dealerships, CarMax clearly defines the customer/employee parking area, the sales lot and the vehicle staninn "'""< At a traditional dealership customers generally park wherever there i! EXHIBIT 6 Entire Document Available Upon Request EXHIBIT 7 GEOTECHNICAL ENGINEERING REPORT PROPOSED RENTON RETAIL DEVELOPMENT 3751 EAST VALLEY ROAD RENTON, WASHINGTON Project No. 1217.01 February 7, 2014 Prepared for: CenterPoint Integrated Solutions, LLC Prepared by: ZGA Zipper Geo Associates. LLC Geotechnical and Environmental Consultants 19023 35th Avenue W., Suite D Lynnwood, WA 9803 Entire Document Available Upon Request CarMax Auto Superstores 3751 E. Valley Road Renton, Washington, 98057 Technical Information Report Commercial Redevelopment April 6, 2015 1505 Westlake Ave. N Suite 305 Seattle. WA 98109 T 206.522.9510 F 206.522 .8344 www.pacland.cam Prepared By: Willis Liu Reviewed By: Sarah Pangelinan, P.E. EXHIBIT 8 Entire Document Available Upon Request DATE: April 6, 2015 TO: Jan Illian City of Renton Public Works FROM: Chris Forster, P .E. TENW SUBJECT: Renton CarMax Traffic Impact Analysis TENW Project No. 4827 ~TENW Transportation Engineering Northwest This memorandum documents the traffic impact analysis completed for the proposed Renton CarMax project located at 3751 East Valley Road in Renton, Washington !see Figure 1 ]. Executive Summary Project Description. The existing site includes a 13-screen movie theater totaling 74,306 square feet, which would be removed. The proposed CarMax project would include up to 20,300 square feet of automobile sales/ service uses. There are four access driveways connecting the site that are proposed to remain unchanged and are shared with neighboring commercial businesses. Two full access driveways are located along East Valley Road, one full access driveway is located on SW 4 l st Street, and another full access (signalized] driveway is located west of the site at the intersection of Lind Ave SW /SW 39th Street. The project is anticipated to be built and occupied in 2017. Trip Generation. The proposed CarMax project is estimated to result in a net reduction in weekday daily trips 1-1,623 trips] with 39 net new trips occurring during the weekday AM peak hour 129 entering, l 0 exiting], and a net reduction in weekday PM peak hour trips 1-124 trips). Given the net reduction in daily and PM peak hour trips, our traffic operations analysis focusses on the impacts of the project during the AM peak hour only. Local Traffic Operations. The study intersections and stop controlled movements at the site driveways currently operate at LOS Dor better in the AM peak hour, and are expected to continue ta operate at LOS D or better in 2017 without or with the proposed CarMax project. Mitigation SEPA Mitigation. No significant adverse transportation impacts are anticipated with the proposed CarMax Renton project. The site driveways and study intersections as currently configured will operate at acceptable levels during the AM peak hour, and the project will reduce traffic at the site driveways and study intersections during the PM peak hour and on o weekday daily basis. A potential new southbound right-turn lane at the south site driveway on East Valley Road, which was specifically discussed at the pre-application meeting, is not warranted based on our analysis. In summary, no offsite traffic mitigation is proposed and no improvements to the existing site driveways are recommended. Transportation Impact Fees. Based on the Cily of Renton's Rate Study far Impact Fees far Transportation, Parks, and Fire Protection and adopted Ordinance 5670, transportation impact fees are based on PM peak hour trip generation, and a credit is given for existing uses that will be removed. Because the proposed CarMax development will generate less traffic during the PM peak hour than the existing Movie Theater that it will replace, the project will not have an impact on the transportation system in the PM peak hour. Therefore, the payment of transportation impact fees for this project is not required. Transportation Planning I Design I Traffic lmpac 11400 SE a~ Street. Suite 200, Bellevue, WA 98004 I Of; EXHIBIT 9 Entire Document ... R .. o ... ca .. le .. T .. i .. m_m ... o_n_s ______________ Available Upon Request From: Sent: To: Karen Walter < KWalter@muckleshoot.nsn.us Tuesday, May 12, 2015 11:36 AM Rocale Timmons Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores- LUAlS-000288, ECF, SA-H, MOD, V-A Thank you! Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Tuesday, May 12, 2015 11:14 AM To: Karen Walter Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores-LUAlS-000288, ECF, SA-H, MOD, V-A Usually we keep records ... however this one is so old I don't have anything and I am unsure of our recordkeeping before my time. I will add a condition of approval requesting the completion letter prior to construction and I will add to the condition that it should be forward to the tribes for your records. Roca le Timmons From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us] Sent: Tuesday, May 12, 2015 11:12 AM To: Rocale Timmons Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores-LUA15-000288, ECF, SA-H, MOD, V-A Roca le, That sounds pretty good ... We don't have any record of the success of the previous mitigation and it seems like there should be some documentation of this success (or failure) prior to the change in land use and ownership ... Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Tuesday, May 12, 2015 11: 10 AM To: Karen Walter Subject: RE: City of Renton (SEPA) Notice of Application-CarMax Auto Superstores-LUAlS-000288, ECF, SA-H, MOD, V-A Karen, 1 EXHIBIT 10 • Entire Document Available Upon Request WETLANDS & DRAINAGE CORRIDORS EVALUATION AND DELINEATION REPORT Parcel # 1253600030 3751 East Valley Road Renton, WA prepared for: Mr. Jon Einarsen, L.G., Principal Zipper Geo Associates, LLC 19023 36th Avenue West, Suite D Lynnwood, WA 98036 Prepared by: H & S CONSUL TING P. 0. Box 731695 Puyallup, WA 98373 253 732-6515 MHeckert@Q.com February 5, 2014 EXHIBIT 11 Leslie Betlach Plan Number: Site Address: LUAlS-000288 3751 EAST VALLEY RD Plan Review Routing Slip Name: Car Max Auto Superstore of RECEIVED MAY 07 2015 Cl-i i Of KENTON COMMUNITY SE~VICES Description: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPAi Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theatre facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy -style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and E Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. The applicant is requesting a parking modification from RMC 4- 4-080 in order to exceed the maximum 31 parking stalls allowed to no more than 352 parking spaces (244 stalls upon full build out). The applicant is also requesting a lighting modification from RMC 4-4-060 in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification from RMC 4-6-060 in order to reduce the required dedication and improvements required along East Valley Rd . Finally, the applicant is proposing a variance from RMC 4-4-100 in order to site a 40-foot pylon sign. There are two Category 3 wetlands located along the western portion of the site. The applicant is not proposing impacts to existing wetlands on site. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Wetland Study, and Geotechnical Engineering study with the subject application . Review Type: Date Assigned: Community Services Review-Version 1 05/07/2015 Date Due: 05/21/2015 Project Manager: Roca le Timmons Environmental Impact Earth Animals Air Environmental Health Water Energy/Natural Resources Plants Housing Land/Shoreline Use Aesthetics Where to enter your comments: Manage My Reviews Which types of comments should be entered: light/Glare Hi storic/Cultura I Preservation Recreation Airport Environmenta I Utilities 10,000 Feet Transportation 14,000 Feet Public Service Recommendation -Comments that impact the project including any of the Enivornmental Impacts above. Correction -Corrections to the project that need to be made before the review can be completed and /or requesting submittal of additional documentation and/or resubmittal of existing documentation. J What statuses should be used: [l\ Reviewed -I have reviewed the project and have no comments. A Reviewed with Comments -I have reviewed the project and and I have comments entered in Recommendations. 0 Correction/Resubmit -I have reviewed the project and the applicant needs to submit and/~;esub~1t docu.!Yentation and I have added correcti~ns i~ Corrections. ,: ~ ?( ~ cYf -<' df ?0 ~f?l-1 / 5-15:-/5 Signature of Director or Authorized Representative Date On the 7th day of May, 2015, I deposited in the mails of the United States, a sealed envelope containing Notice of Application and Acceptance documents. This information was sent to: Agencies See Attached Amanda Steinle Contact Mike Creekmore, CarMax Applicant Regal Cinemas Owner Jeff Pacland Party of Record 300' Surrounding Properties See Attached (Signature of Sender): ) ................... ... ) ss .::-' \-IOLl , .;::, ~._.-..,"\\\\1111 J- -~ No o,, z' ;; >"-1,t~',,. STATE OF WASHINGTON COUNTY OF KING ) ff Y""c.o• .. ,a,;.·,,,, ,<:,0 . -i;I ' .,. rn; ,,. I certify that I know or have satisfactory evidence that Sabrina Mirante § llf. ~ ·, ~ :H ~ § signed this instrument and acknowledged it to be his/her/their free and voluntary act f~t~ ~·~ p~se:,; § mentioned in the instrument. ~ ~ ,;,, ,,,§' 11/ "'\$'; 1h\U\\\"'"""' _ Dated: ~ 1 ol.O('i I ,, , , lfJNGTO'<" $' 1 f1 ,,, '··\\_\\\.\\'-'' Notary (Print): ___ ....:..K .... o-'-l l-=:J+--:p;....._..0Y=V:S=--'---------- My appointment expires: ~ tA~ .;zq 1 ~ol:/ 8, ECF, template· affidavit of service by mailing Dept. of Ecology•• Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers*** Depart. of Natural Resources PO Box470!5 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98!04-3856 Seattle Public Utilities Timothy C. Croll, Attn: SEPA Responsible Official 700 Fifth Avenue1 Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology •• Attn: Misty Blair PO Box 47703 Olympia, WA 98504-7703 Duwamish Tribal Office* 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division * Environmental Planning Supervisor Ms. Shirley Marroquin 201 s. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 WDFW -Larry Fisher' 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Wendy Weiker 355 110'" Ave NE Mai I stop EST 11 W Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal liaison Mgr. 6905 South 228" St Kent, WA 98032 Muckleshoot Indian Tribe Fisheries Dept.•• Attn: Karen Walter or SEPA Reviewer 39015 -172'' Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program** Attn: Laura Murphy 39015 172nd Avenue SE Auburn, WA 98092-9763 Muckleshoot Cultural Resources Program"'* Attn: Erin Slaten 39015 172"d Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation• Attn: Gretchen Kaehler PO Box48343 Olympia, WA 98504-8343 City of Kent Attn: Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 City ofTukwila Jack Pace, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunlt@ecy.wa.gov ** Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L eri n .slaten (@m uckles hoot. nsn. us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter(@dnr.wa.gov template -affidavit of service by mailing I · PIO TAXPAYER_N E TAXPAYER_ TAXPAY _. r AXPI TAXPAYER_ZIPCODE 8944470000 ARBINI MICHELLE L 19168 110' RENTON WA 98055 8944470000 ARREOLA LEONORA P 19104 110' RENTON WA 98055 6623400151 BAKER KENNETH J 11029 SE 1 KENT WA 98031 8944470000 BAKOS CHERI L 19112 110' RENTON WA 98055 7300000400 BOUNYAVONG SONG+SUSAN H 19309 113· RENTON WA 98055 8944470000 CARBONADO FREDRICK J+DEBOR 42447 WA MARICOPA AZ 85138 1565950010 CHEN JACLYN WEN-WA+CHEN DON 19134 113· RENTON WA 98055 1565950590 CHOM TIMOTHY+KOL CHANTHIDA 19113 113· RENTON WA 98055 6623400136 CHOW ANDREW & LISA 11203 SE 1 RENTON WA 98055 1565950560 CHUNG LAN QUI & INTHAMOME K 11211 SE 1 RENTON WA 98055 8944470000 CRIM STACY M 19129 110' RENTON WA 98055 1565950600 DAVIS JENNIFER R 19117 113· RENTON WA 98055 6623400132 EGGEBRECHT ERVIN E 11044 SE 1 RENTON WA 98055 8944470000 ELLIS TYSON D 19172 110' RENTON WA 98052 8944470000 ESLINGER SANDRA 19171110' RENTON WA 98055 8944470000 FRITZ ERIC M+KRISTIN P 19136 110' RENTON WA 98055 1565950580 GADUPUDI VENKATA R 1200 S 36T RENTON WA 98055 8944470000 GALLEMORE HEATHER L 19132 110' RENTON WA 98055 8944470000 GARNER KEITH+MARGARET 7683 SE 27 MERCER IS WA 98040 6623400135 GONG ZHONGXIN+YING LI 4267 155TI BELLEVUE WA 98006 6623400136 GONG ZHONGXIN+YING LI 11201 SE 1 Renton WA 98055 8944470000 GUNTER DANA M+TOBIN DAVID M 10407 SE 2 KENT WA 98031 8944470000 HAMMER STEFAN 14455 SE II. HAPPY VAL OR 97086 8944470000 HENRY NANCY J 19133 110' RENTON WA 98055 6623400131 HERBEL DWAYNE D+SHERRILL K+ 23821124' KENT WA 98031 8944470000 HILDEBRAND DIANE E 19114 110' RENTON WA 98055 8944470000 HODGES DANNY L+JEANINE A 19107 110' RENTON WA 98059 1565950020 HUFANA ABEL P+CRISTINA D 19128 113· RENTON WA 98055 1565950550 HUYNH DAN CHl+MAI VINH 11207 SE 1 RENTON WA 98055 8944470000 KELLY TERESA 19140 110' RENTON WA 98055 8944470000 KONGSAWATSAK PUONGPUN 19174 110' RENTON WA 98055 8944470000 KOSKELA ROGER A+KAY L 23944 42N BOTHELL WA 98021 8944470000 KU CHENG-HUl+HSIU-CHIN CHAN 19106 110' RENTON WA 98055 1565950030 KUSZ NICHOLAS P+KARI MK 19110 113· RENTON WA 98055 8944470000 LAW LISA M 19134 110' RENTON WA 98055 1565950570 LE NGOCNGA 12753 SE 4 BELLEVUE WA 98006 1565950040 LEE OMAR & CHRISTINE 8448 N ME MERCER IS WA 98040 8944470000 LEW JEFFREY B 19166 110' RENTON WA 98055 8944470000 LIU DARREL DAZHl+XINLIANG Z 19173 110' RENTON WA 98055 8944470000 LU SIYUAN+YAN SHI 231 MEADI RICHLAND WA 99352 6623400134 MCINTIRE DALENE 11054 SE 1 RENTON WA 98055 8944470000 MCKILLIP ELKE L 19149 110· RENTON WA 98055 8944470000 MERCER scon M 19164 110' RENTON WA 98055 1565950540 MIKHAIL YOUSSEF A 19013 112· RENTON WA 98055 1565950540 MIKHAIL YOUSSEF A/OR RESIDENT 19013 1121 Renton WA 98055 8944470000 MILLER BETH L 19103 110' RENTON WA 98055 8944470000 MOORE ANGELA Y 19116 110" RENTON WA 98055 1565950610 NACARIO MANUEL D+MARIA LOUR 19123 113· RENTON WA 98056 8944470000 NICHOLS EMMANUEL L 19124 110" RENTON WA 98055 8944470000 OKS BORIS 19155 110" RENTON WA 98055 8944470000 OLSEN JOAN M 19157 110· RENTON WA 98055 6623400141 PARKER DEANNA K 11043 SE 1 KENT WA 98031 8944470000 PASCUA ROGELIO M+GUADALOPE 19130 110· RENTON WA 98055 6623400120 PETRILLI BRETI J 11014 SE 1 RENTON WA 98055 6623400137 PHAN DIEU-THANH THI 11205 SE 1 RENTON WA 98055 8944470000 RAMOS EDWARD V+ELIZABETH P 19178 110· RENTON WA 98055 8944470000 REID RACHEL M+DAVID B JR 19120 110" RENTON WA 98055 8944470000 RESIDENT 19136 1101 Renton WA 98055 8944470000 RESIDENT 19104 1101 Renton WA 98055 8944470000 RESIDENT 19105 1101 Renton WA 98055 8944470000 RESIDENT 19178 1101 Renton WA 98055 8944470000 RESIDENT 19177 1101 Renton WA 98055 8944470000 RESIDENT 191311101 Renton WA 98055 8944470000 RESIDENT 19168 1101 Renton WA 98055 8944470000 RESIDENT 19167 1101 Renton WA 98055 8944470000 RESIDENT 19155 1101 Renton WA 98055 8944470000 RESIDENT 19162 1101 Renton WA 98055 8944470000 RESIDENT 19112 1101 Renton WA 98055 8944470000 RESIDENT 19144 1101 Renton WA 98055 8944470000 RESIDENT 19102 1101 Renton WA 98055 8944470000 RESIDENT 19164 1101 Renton WA 98055 89444 70000 RESIDE NT 19175 1101 Renton WA 98055 89444 70000 RESIDE NT 19107 1101 Renton WA 98055 8944470000 RESIDENT 19157 1101 Renton WA 98055 8944470000 RESIDENT 19176 1101 Renton WA 98055 8944470000 RESIDENT 19140 1101 Renton WA 98055 8944470000 RESIDENT 191711101 Renton WA 98055 8944470000 RESIDENT 19174 1101 Renton WA 98055 8944470000 RESIDENT 19165 1101 Renton WA 98055 8944470000 RESIDENT 191511101 Renton WA 98055 8944470000 RESIDENT 19103 1101 Renton WA 98055 8944470000 RESIDENT 19163 1101 Renton WA 98055 8944470000 RESIDENT 19116 1101 Renton WA 98055 8944470000 RESIDENT 19126 1101 Renton WA 98055 8944470000 RESIDENT 19166 1101 Renton WA 98055 8944470000 RESIDENT 19106 1101 Renton WA 98055 8944470000 RESIDENT 19132 1101 Renton WA 98055 8944470000 RESIDENT 19172 1101 Renton WA 98055 8944470000 RESIDENT 19127 1101 Renton WA 98055 8944470000 RESIDENT 19114 1101 Renton WA 98055 8944470000 RESIDENT 19142 1101 Renton WA 98055 8944470000 RESIDENT 19122 1101 Renton WA 98055 8944470000 RESIDENT 19173 1101 Renton WA 98055 8944470000 RESIDENT 19120 1101 Renton WA 98055 8944470000 RESIDENT 19159 1101 Renton WA 98055 8944470000 RESIDENT 19130 1101 Renton WA 98055 8944470000 RESIDENT 19133 1101 Renton WA 98055 8944470000 RESIDENT 19147 1101 Renton WA 98055 8944470000 RESIDENT 19124 1101 Renton WA 98055 8944470000 RESIDENT 19134 1101 Renton WA 98055 8944470000 RESIDENT 19149 1101 Renton WA 98055 8944470000 RESIDENT 19108 1101 Renton WA 98055 8944470000 RESIDENT 19129 1101 Renton WA 98055 8944470000 ROBARGE SANDRAJ 19102 110· RENTON WA 98055 8944470000 ROSE TERRY L 19147 110" RENTON WA 98055 7300000390 SADOVNIK ALEKSANDR 19303 113· RENTON WA 98055 8944470000 SCHOUWEILER HEATHER D 19175 110· RENTON WA 98055 8944470000 SEBASTIAN SHIRLEY J 19167 110" RENTON WA 98055 8944470000 SERVIS LOA 19105 110" RENTON WA 98055 6623400133 SLAUGHTER CLAUDE 722 HAZEL KENT WA 98031 522059280 STEWART KATHERINE A+PATRICK 11215 SE 1 KENT WA 98031 8944470000 TO KY THI 19163 110" RENTON WA 98055 522059002 TOSCHI STEVEN A PO BOX 61 KENT WA 98064 6623400140 TOSCHI/WHITNEY LLC PO BOX 61 KENT WA 98064 8944470000 VALDEZ CHRITINA M+BOTELLO G 19144 110" RENTON WA 98055 6623400129 VARDEMAN JERRY G 11038 SE 1 RENTON WA 98055 8944470000 VICTOR APRILS 19176 110" RENTON WA 98055 8944470000 WALTMANN LEONARD & KATHY 9207 S 197 RENTON WA 98055 8944470000 WANG LIN 19127 110" RENTON WA 98055 8944470000 WELLS DEEANN 19142 110· RENTON WA 98055 8944470000 WILSON SHARON L 19151110. RENTON WA 98055 7300000410 YAPLEE JAYSON 130 DESCA SAN JOSE CA 95134 8944470000 YOUNG MATIHEW 19131110" RENTON WA 98055 Regal Cinemas, Inc. Theatre 7312 Regal Ln Knoxville. TN 37918 Mike Creekmore CarMax Auto Superstores 12800 Tuckahoe Creek Pkwy Richmond • VA 23238 Amanda Steinle Centerpoint Integrated Solutions 1240 Bergen Pkwy, A-250 EverRreen, CO 80439 Jeff Chamber PACLAND 1505 Westlake Ave N, Suite 305 Seattle, WA 98109 Denis Law . ~· a City oL' - ----~M:a:yo:, __________ 1 SL L 1~.Lfil1$IDJ]l • May 7, 2015 Amanda Steinle CenterPoint Integrated Solutions 1240 Bergen Parkway, Ste A-250 Evergreen, CO 80439 Community & Economic Development Department C.E. 'Chip"Vincent, Administrator Subject: Notice of Complete Application CarMax auto Superstores, LUAlS-000288, ECF, SA-H, MOD, V-A Dear Ms. Steinle: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on June 1, 2015. Prior to that review, you will be notified if any additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Hearing on June 23, 2015 at 11:00 am, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative{s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at {425) 430-7219 ifyou have any questions. Sincerely, Rocale Timmons Senior Planner cc: Regal Cinemas, Inc/ Owner{s) Mike Creekmore, CarMax Auto Superstores/ Applicant Renton City Hall • 1055 South Grady Way , Renton, Washington 98057 • rentonwa.gov ( } NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: May 7, 2015 LAND USE NUMBER: LUA15-000288, ECF, SA-H, MOD, V-A PROJECT NAME: CarMax Auto Superstores PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA) Review, three modifications, and a variance for the construction of a new 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash. The subject property is located on the west side of East Valley Rd between SW 41st St and SW 43rd St at 3157 East Valley Rd. The project site totals 12.28 acres in area and is zoned Commercial Arterial (CA) and Medium Industrial (IM). The site currently contains a 74,000 square foot theatre facility which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41st St; and a third access point to the west which connects the site to Lind Ave. Customer and employee parking, in the amount of 244 parking stalls would be located west of the display area with customer access from the parking lot on the south side of the building. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto E Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales lot contains 108 spaces and is located at the southeast corner of the property at the corner of SW 41st Street and E Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. The applicant is requesting a parking modification from RMC 4-4- 080 in order to exceed the maximum 31 parking stalls allowed to no more than 352 parking spaces (244 stalls upon full buildout). The applicant is also requesting a lighting modification from RMC 4-4-060 in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification from RMC 4-6-060 in order to reduce the required dedication and improvements required along East Valley Rd. Finally, the applicant is proposing a variance from RMC 4-4-100 in order to site a 40-foot pylon sign. There are two Category 3 wetlands located along the western portion of the site. The applicant is not proposing impacts to existing wetlands on site. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Wetland Study, and Geotechnical Engineering study with the subject application. PROJECT LOCATION: 3751 E. Valley Road OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non- Significance-Mitigated (DNS-M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: April 30, 2015 May 7, 2015 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED-Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: CarMax Auto Superstores/LUAlS-000288, ECF, SA-H, MOO, V-A NAME:---------------------------------- MAILING ADDRESS:----------------City/State/Zip: __________ _ TELEPHONE NO.: --------------- • City I r I r ! "' r J f I APPLICANT /PROJECT CONTACT PERSON: Amanda Steinle/ CenterPoint Integrated Solutions/ 1240 Bergen Parkway, Ste A-250/Evergreen, CO 80439/ 303-679- 6978/asteinle@centerpoint-is.eom Permits/Review Requested: Other Permits which may be required: Requested Studies: Location where application may be reviewed: PUBLIC HEARING: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: Environmental {SEPA) Review, Site Plan Review Building Permit, Construction Permit, Fire Permit, Sign Permit Arborist Report, Drainage Report, Geotechnical Report, Traffic Impact Statement Department of Community & Economic Development (CED) -Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 Public hearing is tentatively scheduled for June 23, 2015 before the Renton Hearing Examiner in Renton Council Chambers at 11:00am on the 7th floor of Renton City Hall located at 1055 South Grady Way. The subject site is designated EAV on the City of Renton Comprehensive Land Use Map and DESIGN-D, CA, and IM on the City's Zoning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, RMC 4-2-lZOA and other applicable codes and regulations as appropriate. The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • The applicant wiff be required to comply those recommendations made with the provided geotechnical report. lf you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED-Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: CarMax Auto Superstores/LUAlS-000288, ECF, SA-H, MOD, V·A NAME:------------------------------------- MAILING ADDRESS:-----------------City/State/Zip: __________ _ TELEPHONE NO.: -------------- Comments on the above application must be submitted in writing to Rocale Timmons, Senior Planner, CED -Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 21 1 2015. This matter is also tentatively scheduled for a public hearing on June 23, 2015, at 11:00 am, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at (425) 430-6578. Following the issuance of the SEPA Determination, you may still appear at the hearing and present your comments regarding the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Rocale Timmons, Senior Planner; Tel: (425) 430-7219; Eml: rtimmons@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION LAND USE HEARING SIGN-IN SHEET CarMax Auto Superstore/tU"ts.:.otJOASSr ECF, SA-H, MOD, MOD, MOD VA-A June 23, 2015, 11:00 AM PLEASE PRINT LEGIBLY ADDRESS Phone# with area code Email NAME (including City & Zip) (optional) (optional) ·?oJ ,; -, l 3 d<>od' s1~ ---C'11 -I r:: . J/ e1-vt Vi--,. l,,)u "'ixc, c~ ' r"V\. ; t1.Jf' ~ . . /' ------·· ) 0S ,.Jkc.?.,.-L~l<,C, AN, ,J # )be, 2cc. ~7.-79D b f;,,c_,1'<.,1,._.i 4 Tt.Q _.)L-~-h"Z...Tl,.,,J.f/.Tc Si;,rrn£ vJA '78io'9 P.<lLt-,IJ,./7)' fr,, ........ SmcrH1 ?~GrCL/NlrN ,'-'5°5 vvcc;y LA k.; ).v' (. /\) .ii 3"5 ZJ0 tfZZ -q 71 0 S r~AND1ELi N4<r.;@ SGn 1 il€--, w';t ''N3iU'°t ? -\-C '-k /v P'c C? ,___, '11v\~,,Ja 'Stt I " ( l "2.. /2'tO ~o1.. f'AA\ 'i:..l\.i tc _,;1-,::2 t;IJ E 11• --e-"-,_.., . r. to i:3"1 .J CarMax Auto Superstore (LUA15-000288) HEX Public Hearing RocaleTimmons,~ June 23, 2015 Date Approximate Location ---]\ f' ·"-r u~ Proposal Phase2 ' ' G)_ --~_, .. _-_-_-....:.. ___ ~·_-;_-,.Jr ;: (~ ;i I ~' I 1...1 sw u$TST · ' Presentation Overview • Project Description • Renton Municipal Code Analysis -Compliance -Condition.s Staff Recommendation ·~1_~_-·.·-·-·'l----, fflt lN 6/23/2015 Proposal , , , , , EXHIBIT __ /'-· <!9.c.,--c..--~ 1.UA __ __;__; __ ;c._---,--, DATE: CITY OF RENTON PLANNING DIVISION . 1 Renton Munlclpal Code Analysis • Site Plan Review • Design Review • Parking Modification • Street Modification • Sign V;:iriance Staff Analysis/Conditions Zoning 6/23/2015 Staff Analysis Recommendation Staff recommends approval of the CarMax Auto Superstore, as depicted in Exhibit 2 subject to 12 conditions of approval. :\E>iTO Minimize Sita Impacts 2 Design Current Design Ri :-.; 1 (J~ Parking Ph8:S&2 ' l C(l6tom8f PEtrklRQ L,-----,=-,=ili'lhase 3 Fencing . -·--~~~ :\i· ~ ! () \. - I .~, ]. ' '·,t~"'-i W 41ST ST Former Design Current Design 6/23/2015 Design Fencing Landscaping L 3 Landscaping ;'.:::\}) \:t;,9it] 11' 6/23/2015 Slgnage 4 "~J -··"~,·~-Y. CENTERPOINT INTEGRATED SOLUTIONS 1240 Bergen Pc,rkwc,y, Suite A-250 T 303.670,41 1 1 F 303.670,4172 CenterPoint-is.com To: Rocale Timmons From: Amanda Steinle CC: Mike Creekmore, CarMax Bill Fortunado, Pacland Date: June 22, 2015 Re: CarMax #7252 Renton, WA-Report to Hearings Examiner, Condition of Approval #4 File#: LUAlS-000288, EFC, SA-H, MOD, MOD, MOD, VA-A Rocale- Thank you for your review of our project and the staff report, within conditions of approval, to the Hearings Examiner received on June 17, 2015. We agree with and can meet the conditions of approval in the staff report, with one modification. We ask that the City consider modifying the specific language of condition #4 to read as outlined below. The revised condition meets the intent of the original condition. Condition #4 -As Currently Written The applicant shall be required to provide wetland signage and split rail fencing plan along the perimeter of the critical area buffer to the c"'"'"' Planning Project Manager prior to engineering permit approval. The construction of the split rail fencing and signage shall occur prior to Temporary Occupancy. Condition #4 -Proposed The applicant shall be required to provide wetland signage and split rail fencing plan along the perimeter of the eFitieal aFea e11ffeF existing wetland buffer to the Current Planning Project Manager prior to engineering permit approval. The construction of the split rail fencing and signage shall occur prior to Temporary Occupancy. Our hearing is scheduled for June 23'". We hope staff will support this modification at the hearing. Please let me know if you have any questions or comments. Kind Regards, ,·'<. ,. ' h ,. / t-/.{:>fn;,-r,,y~· "",,,,,.,,._. ~~--- Amanda Steinle EXHIBIT..,....._ ... 2...,0:...._ __ LUA I DAT~E,--------'-- I . CITY OF RENTON PlANNING DIVISION ---:--:--:--:---====....1· ·"--.,_,,, '' . . I Swte ;\-?.50 F•n,rnre1rn.CO H04:!9 I 303.570A1H : r~x, 377.716.9%0 www.centerpoint-is.com Denis Law Mayor July 9, 2015 Amanda Steinle CenterPoint Integrated Solutions 1240 Bergen Parkway, Suite A-250 Evergreen CO 80439 Subject: Hearing Examiner's Final Decision City Clerk -Jason A. Seth, CMC RE: CarMax Auto Superstore, LUA-15-000288 Dear Ms. Steinle: The City of Renton's Hearing Examiner has issued a Final Decision dated July 8, 2015. These documents are immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov); • To be viewed at the City Clerk's office on the ih floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the above project number; and • For purchase at a copying charge of $0.15 per page. The estimated cost for the Hearing Examiner Documents is $2.25, plus a handling and postage cost (this cost is subject to change if documents are added). APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. Appeals must be filed in writing together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8- 100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of 1055 South Grady Way• Renton, Washington 98057 • (425) 43o-6510 / Fax (425) 430-6516 • rentonwa.gov • Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon the issuance of a reconsideration decision. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, "~" .s .. h,µ City cc: Hearing Examiner Roca le Timmons, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Steve Lee, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante, Secretary, Planning Division Ed Prince, City Council President Julia Medzegian, City Council Liaison Regal Cinemas, Owner Parties of Record (3) Denis Law Mayor July 9, 2015 Amanda Steinle CenterPoint Integrated Solutions 1240 Bergen Parkway, Suite A-250 Evergreen CO 80439 Subject: Hearing Examiner's Final Decision City Clerk -Jason A. Seth, CMC RE: CarMax Auto Superstore, LUA-15-000288 Dear Ms. Steinle: The City of Renton's Hearing Examiner has issued a Final Decision dated July 8, 2015. These documents are immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov); • To be viewed at the City Clerk's office on the 7'h floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the above project number; and • For purchase at a copying charge of $0.15 per page. The estimated cost for the Hearing Examiner Documents is $2.25, plus a handling and postage cost {this cost is subject to change if documents are added). APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110{E){14) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. Appeals must be filed in writing together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, {425) 430-6510. RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8- 100(G){9). Reconsiderations must be filed in writing to the Hearing Examiner, City of 1055 South Grady Way • Renton, Washington 98057 • (425) 43o-651 O / Fax (425) 430-6516, rentonwa.gov • Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon the issuance of a reconsideration decision. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, Jaso, . ,.,: ji:lu City cc: Hearing Examiner Roca le Timmons, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Steve Lee, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante, Secretary, Planning Division Ed Prince, City Council President Julia Medzegian, City Council Liaison Regal Cinemas, Owner Parties ofRecord (3) 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .JUL OP 2015 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON ) RE: CarMax Auto Superstore ) ) FINAL DECISION Site Plan, Variance and Modifications ~ ) LUA 15-000288 ) ) Summary The applicant requests site plan approval and approval of a variance and three modification applications for a 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash to be located at 3157 East Valley Rd. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 48 parking stalls allowed to up to 352 parking spaces (as an interim measure) with 244 stalls upon full build-out. The applicant is requesting a lighting modification, from RMC 4-4-075, in order to increase the maximum average lighting levels of 0. 9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along East Valley Rd and SW 41 st St. Finally, the applicant is proposing a variance from RMC 4-4-100 in order to site a 40-foot high pylon sign along East Valley Rd. The site plan, modifications and variance arc all approved subject to conditions. Testimony Rocale Timmons, Senior Planner, summarized the staff report. In response to examiner questions, Ms. Timmons noted that each phase of the proposal is self-contained and would satisfy all city standards even if subsequent phases were not completed. Existing street frontage improvements are consistent with adjoining improvements. The requested street modifications would not create any SITE PLAN -I 2 3 4 5 inconsistency with street frontage on adjoining properties. The topographical justification for the sign variance is limited to visibility from SR 167 and the fact that all adjoining projects are allowed signs similar to that which would be enabled by the variance. The base of the sign will not interfere with pedestrian access. Staff is just concerned with aesthetic pedestrian scale. Amanda Steinle, applicant representative, agreed with staffs recommendations except for Condition No. 4. The applicant would like the fence placed in the existing critical area buffer as opposed to the buffer required by new code requirements. The proposal will not encroach any further into the critical area buffer than it does today. Ms. Timmons agreed with the requested revision to Condition 6 No. 4, stating that the old wetland buffers still apply since the applicant proposes no further encroachment into the wetland buffer. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Carl Kiminki, residential neighbor, inquired whether the sign would be digital and also asked if the base of the sign would be a pyramid. Ms. Timmons clarified that City regulations would not allow a digital sign. Exhibits The staff report Exhibits 1-17 identified at page 2 of the staff report were admitted into the record during the hearing. The following exhibits were also admitted: Exhibit 18 Staff report Exhibit 19 Staff power point Exhibit 20 6/27 /15 letter from applicant FINDINGS OFF ACT Procedural: I . ~pp[icant. CarMax Superstores 2. Hearing. A hearing was held on the application on October 14, 2014. 3. Project Description. The applicant requests site plan approval and approval of variance and modification applications for a 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash to be located at 3157 East Valley Rd. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 48 parking stalls allowed to up to 352 parking spaces with 244 stalls upon full build- out The applicant is requesting a lighting modification, from RMC 4-4-075, in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along SITE PLAN -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. East Valley Rd and SW 41st St. Finally, the applicant is proposing a variance from RMC 4-4- l 00 in order to site a 40-foot high pylon sign along East Valley Rd. The project site totals 12.28 acres in area. The site currently contains a 74,000 square foot theater facility, which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41 st St; and a third access point to the west which connects the site to Lind Ave SW. An approximate 2.0 acres would be dedicated to customer and employee parking areas containing 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out of three proposed phases. An approximate 2.0 acres would be dedicated to customer and employee parking areas containing 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out. The project will be built in three phases. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto East Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest comer of the primary sales lot. The Phase III Sales Lot contains I 08 spaces and is located at the southeast comer of the property at the comer of SW 41 st Street and East Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase III Sales Lot) are proposed to remain, for customer and employee parking. until CarMax proceeds with the Phase III sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. Adeguacy_Qf Infr,!strncture/Public Services. The project will be served by adequate/appropriate infrastructure and public services. The adequacy of infrastructure and services is more specifically addressed as follows: A. Water and Sewer Service. Sewer and water are provided by the City of Renton. Water and sewer lines already serve the project site. B. Fir~,!nd Police. The City of Renton will provide fire and police service. Fire and police department staff have determined that existing facilities are adequate to serve the development with the comment that the project include a fire apparatus road and fire lane signage (as conditioned by this decision). C. Drainage. The applicant has submitted a preliminary drainage report, Ex. 8, that staff has found to be acceptable for site plan review. A staff finding of consistency with applicable drainage standards, absent any contrary evidence, is sufficient for a finding of adequate drainage facilities. SITE PLAN -3 2 3 4 5 6 7 8 9 10 1 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The existing stormwater facilities include a detention pond, three water quality ponds, and two grass-lined swales just east and south of the wetlands. The existing site also includes a storm drainage system designed to collect stormwater at strategically placed catch basins throughout the site. The stormwater is then conveyed through underground pipes to a swale at the rear of the theater building. After traveling through one of the two swales, runoff passes through the existing stormwater detention/treatment facilities and enters the City's stormwater system at Lind Ave SW. This system continues north for approximately 1,300 feet, before heading west approximately 450 feet to the discharge point of Springbrook Creek. The applicant proposes to utilize the existing stormwatcr system for conveyance, water quality, detention, and flow control systems and provide improvements to conveyance and water quality as required. A conveyance system consisting of catch basins and storm pipes is proposed to be constructed in the parking areas to collect drainage from impervious surfaces and convey runoff to the proposed water quality facilities. Additional flow control facilities are not required by City regulations, since the proposal doesn't increase the I 00-year peak flow by more than 0.1 cfs and it is not expected to significantly impact a critical area, or cause severe flooding or erosion problems. D. f'arks/QJJen Space. City development standards do not impose any park or open space requirements for commercial uses and no legal justification is found in the administrative record. Proposed and conditioned landscaping would provide passive recreation opportunities for CarMax customers. E. Off-Site TransportatiQ!]. Off site transportation facilities are adequate to serve the site. No significant oft~site transportation impacts are anticipated and no off-site mitigation is necessary. The applicant submitted a Traffic Impact Analysis ("TIA") prepared by TENW, dated April 6, 2015 (Exhibit 9). The analysis of the report, approved by staff, determined that the completed project is anticipated to generate -1,623 net new weekday daily trips, 39 net new weekday AM peak hour trips, and -124 net new weekday PM peak hour trips. The net new trip generation was calculated by subtracting the trips from the movie theater to be removed from the trips generated by the proposed CarMax. The results of the LOS analysis showed that all affected intersections would operate at acceptable levels (LOS D or better) in 2017 with or without the proposed project. However, it was noted in the TIA that existing weekday AM peak hour traffic counts were collected by All Traffic Data, Inc.; but. this information was not included in the TIA appendices. Therefore, a condition of approval requires that the TIA be revised to include the traffic counts referenced from All Traffic Data, Inc. The revised TIA shall be SITE PLAN -4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 submitted to, and approved by, the Plan Reviewer prior to engineering construction permit approval. G, Parking (vehicular and bicycle), As conditioned, the proposal provides for adequate vehicular and bicycle parking. The applicant is proposing significantly more vehicular parking spaces than allowed by City code, which is the basis of the applicant's requested parking modification, approved by this decision. As detailed in the staff report, the City code authorizes a maximum of 48 parking spaces. Depending upon the phase of development, the applicant proposes up to 352 parking spaces, with a total of 244 stalls upon completion of the final phase of development. Since the applicant's parking modification is approved, it is determined that the proposed parking is adequate. It is unclear if the proposal includes bicycle parking. Therefore the conditions of approval require that the applicant submit bicycle parking detail demonstrating compliance with the bicycle requirements outlined in RMC 4-4-080(F)(l l )(c)for fixed structures. The bicycle parking detail shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. H. Vehicular and Pedestrian Access and Internal CirculatiQn. The proposal is served by safe and efficient pedestrian and vehicular access points and internal circulation. There are four access driveways connecting the site that are proposed to remain unchanged and are shared with neighboring commercial businesses. Two full access driveways are located along East Valley Rd, one full access driveway is located on SW 41" St, and another full access (signalized) driveway is located west of the site at the intersection of Lind Ave SW I SW 39th St. Trucks would access the site by entering the north driveway on East Valley Rd and exiting at the south driveway on East Valley Rd. Customers and employees would primarily use the southern driveway on East Valley Rd and the driveway on SW 41 51 St, with minor usage of the driveway on Lind Ave SW. Internal pedestrian connections to the public sidewalk network are proposed in order to provide safe and efficient pedestrian access throughout the site and to abutting sites. However, an additional pedestrian connection should be provided from the proposed entrance across the central drive aisle to the southern portion of the site. Pedestrian crosswalks, between the front fa9ade and the parking lot, appear to be differentiated in some areas while other areas have no striping or differentiation at all. In order to provide safe and efficient pedestrian connectivity on site staff recommends the applicant be required to provide an additional pedestrian connection from the proposed entrance across the center drive aisle to the southern portion of the site. Additionally, all designated SITE PLAN -5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. pedestrian areas shall be differentiated, in material, from drive aisles. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. Landscaping. The applicant's preliminary landscaping plan has been found to comply with City standards by staff and in fact significantly exceeds those standards. A conceptual landscape plan was submitted with the project application and approved by staff subject to the conditions adopted by this decision. Absent evidence to the contrary, compliance with City landscaping standards and staff recommendations for additional landscaping provides for adequate landscaping. The conceptual landscape plan illustrates materials that would be used to enhance the visual character of the building and site. The planting schedule includes a variety of trees, shrubbery, groundcover, and grasses. Perimeter landscaping along East Valley Rd is proposed at a width ranging from 3 to 15 feet west of the sidewalk. SW 41" St would have a landscape strip width of approximately 10 to 15 feet. In the surface parking area, the applicant is proposing intervening landscaping on average every 12 parking stalls. Landscaping is not proposed within the sales parking areas. Within the proposed employee/customer surface parking lot, 35 square feet of landscaping per parking space would be required. Based on the proposal of 352 surface parking stalls (244 stalls after future car sales parking expansion), a minimum of 12,320 square feet of landscaping would be required within the surface parking areas (8,540 square feet would be required after future car sales parking expansion). The submitted landscape analysis indicates that a total of 12,700 square feet of landscaping would be provided interior to the site. While the proposed the parking lot landscaping would exceed the minimum landscape frontage in some areas, and the interior parking lot landscaping requirement is met, it is not the intent of City's landscaping regulations that rigid and inflexible design standards be imposed, but rather minimum standards be set. Higher standards can be substituted as long as fencing and vegetation do not exceed height limits specified in RMC 4-4-040. Additionally, Policy CD-39 encourages quality development by supporting site plans which incorporate landscaping standards that reflect unity of design and create a distinct sense of place. There are also several guidelines and standards within Design District 'D' which serve to require landscaping to enhance the urban character of development. The scale of the surface parking area, while located in an industrial zone, is very large and requires a parking modification in order to exceed the maximum number of stalls. The SITE PLAN -6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parking areas are located along heavily used primary arterials and would have a visual impact on the pedestrian environment and abutting/adjacent properties without adequate landscape buffers. Wide landscape buffers along the perimeter of the site, specifically along East Valley Rd and the northwest corner of the SW 41 "/East Valley Rd intersection would serve as a visual buffer between the proposed development/large surface parking area and the smaller scale development surrounding the site and the pedestrian environment. Additionally, the location of utilities within the East Valley Rd right-of-way would preclude the planting of much needed street trees to aesthetically buffer the parking area. Given the aesthetic impacts of the proposed development on less intense neighboring properties and adjacent streets, this decision adopts a condition that the applicant be required to provide on-site landscape buffers along the perimeter of the site adjacent to SW 41 st St and East Valley Rd to a minimum width of 15 feet in order to accommodate a variety of vegetation. Additionally, a minimum 1,000 square foot gateway/landscape area shall be provided at the corner of SW 41 st St and East Valley Rd. All perimeter parking lot landscaping shall be revised to include the following: trees planted along the street frontage in clusters; shrubs planted at the minimum rate of one per 20 square feet of landscaped area; ground cover in sufficient quantities to provide at least 90% coverage of the landscaped area within 3 years of installation. Existing healthy mature trees which are located within perimeter landscape buffers shall be maintained to the maximum extent possible and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous. A revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage of the planted areas specified on the plan. A detailed landscape plan and irrigation plan will need to be submitted and approved prior to building permit approval. J. Refuse and Recy"-le Enclosure. As outlined in the staff report, the proposal provides for 445 feet for a refuse and recycle area, which exceeds the 120 square feet required by City code. The proposal provides for adequate refuse and recycle. K. Recreation. There is no code requirement or other legal justification to require any recreational space for the project. The significant amount of landscaping of the proposal provides for passive recreation. SITE PLAN -7 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5. L. Transit and Bicycles. The record docs not contain any information on the availability of transit. Given that the proposal involves the sale of automobiles, it does not appear likely that many transit users would be accessing the site, therefore no transit improvements could be required of the applicant. As to bicycle facilities, the conditions of approval require the applicant to submit a bicycle parking plan that demonstrates compliance with city bicycle parking standards. For these reasons, it is determined that the facility is served by adequate transit and bicycle facilities. Adverse Impacts. There are no significant adverse impacts associated with the project. Few adverse impacts are anticipated since the proposal only serves to replace an existing area already developed for a theater and the proposed construction will only result in an increase of approximately one acre of pollution generating impervious surface at the 12 acre site. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Compatibility. The proposal is fully compatible with surrounding uses. The proposal is surrounded by commercial and industrial uses, including another car dealership to the north. Landscaping that exceeds code requirements is required for the perimeter of the project to buffer the excessive parking of the site. B. Lighting. The applicant has requested a modification to applicable lighting standards, approved by this decision, in order to increase authorized perimeter lighting from 0.9 candles to 1.2 candles. This amount of lighting will not adversely affect adjoining properties. Fixtures use flat lens and are downcast to reduce light spill onto adjacent properties. Additionally, all perimeter fixtures have full cut-off shields to reduce glare. The exterior lighting would be reduced after operating hours. Finally, the project site is bordered by commercial a.nd industrial uses and would not share boundaries with any residential uses. C. Aesthetics. As conditioned, the proposal incorporate sufficient screening to prevent adverse aesthetic impacts to neighboring properties and the general public. The applicant did not provide details for surface or roof mounted equipment and/or screening identified for such equipment. As such this decision adopts a condition that the applicant provide a detailed plan identifying the location and screening provided for surface and roof mounted equipment. The screening plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. As identified in the landscaping discussion of Finding of Fact No. 4, perimeter landscaping exceeding code requirements is imposed by the conditions of approval in order to ensure adequate screening of the excess parking proposed by the applicant. Further, the applicant is also proposing the use of an embassy-style security gate and guardrail around the perimeter of the car sales parking area. The proposed steel guardrail, SITE PLAN -8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. along East Valley Rd, would not serve as a creative screening feature for the proposed car sales display area as required in the design district. Therefore the conditions of approval require the applicant to replace the proposed guardrail with ornamental fencing. A revised landscape plan, with alternative fencing, shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The applicant has submitted a bollard alternative to the guardrail which would serve to comply with the condition of approval. Privacy and Noise. The proposal will not create any significantly adverse noise or privacy impacts. Privacy is not anticipated to be a problem since there are no residential uses close to the proposal. Noise is also not anticipated to be significant. Existing noise within the vicinity of the subject site is primarily composed of vehicles on adjacent streets (SW 41 '1 St and East Valley Rd). Temporary construction noise is anticipated as a result of the subject project. Based on the provided construction mitigation description the applicant has indicated that construction is anticipated to last approximately eight months and commencement of construction is to be determined. At this time, the applicant has indicated that construction work would occur during typical construction hours. Furthermore, the site is surrounded by industrial activity and/or commercial development. Therefore, the temporary noise impacts are anticipated to be minimal and limited in duration. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. E. Natural Systems Features/Critical Areas. The only protected natural system feature/Critical Area on the project site are two Category 3 wetlands located along the western border of the project site. The proposal does not involve any encroachment into the buffers of these wetlands. Staff have no found any impacts to the wetlands at this time. However, if the proposal will affect the wetlands a condition requires a mitigation plan. The conditions of approval also require fencing along the buffers of the wetlands. F. Views. No views are disrupted by the proposal. There are no territorial views for which to maintain visual accessibility. Staff received no comments from adjacent properties regarding views. G. Public Access. The proposal does not interfere with any public access to the shoreline. No shorelines are in the vicinity of the proposal. Conclusions of Law I. Authority. RMC 4-9-200(B)(2) requires site plan review for all areas designated as EA V by the comprehensive plan, which applies the subject parcel. Hearing examiner review of site plans is required because the proposal involves more than 300 parking spaces and more than 10 acres of SITE PLAN -9 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 development as specified in RMC 4-9-200(D)(2)(b ). RMC 4-8-080(0) classifies hearing examiner site plan review as Type Ill permits and modifications as Type I permits. The site plan, variance application and modification requests of this proposal have been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest-number procedure". The site plan has the highest numbered review procedures, so the site plan, variance and modification requests must be processed as Type III applications. As Type III applications, RMC 4-8-080(0) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Commercial Arterial (CA) and Medium Industrial (IM) and its comprehensive plan designation is Employment Area Valley (EAV). 3. Revie\V_ C:riteria/Adoption QLStaff Jl~JJQXLYariance 11n_d_ Jyl9,:J_ific_ation Findings __ llllQ ConclusiQns. Site plan review standards are governed by RMC 4-9-200(E)(3). Applicable criteria are quoted below in italics and applied through corresponding conclusions of law. The staff report findings of fact and conclusions of law for the three requested development standard modifications (Staff Report Finding 28, 29 and 30) and variance (Staff Report Finding 31) are adopted by this reference as if set forth in full. RMC 4-9-200(E)(3): Criteria: The Administralor or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, ifs elements, goals, objectives, and policies, especially those oflhe applicable land use designation; the Communily Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevanl Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4- 3-100. 4. The proposal is consistent with applicable comprehensive plan policies and zoning regulations as outlined in Finding 26 and 27 of the staff report, which is adopted by this reference as if set forth in full, including the findings and conclusions. No planned action ordinance or development agreement applies to the proposal. The CA portion of the project (which contains no structures) is subject to the RMC 4-3-100 design regulations. See RMC 4-3-IOO(B)(I)(b). The proposal is found SITE PLAN -IO 2 3 4 5 6 7 8 9 IO I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 lo be consistent with these regulations for the reasons identified in Finding 32 of the staff report, adopted by this reference as if set forth in full, including findings and conclusions. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses. including: i. Structures: Restricting over scale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses. streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refi1se and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v, Land.,·caping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 5. As determined in Finding of Fact No. 4 and 5, the proposal will not create any significant off- site impacts, including the impacts specifically addressed in the criteria above. RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including. i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration oft he scale ofproposed structures in relation to natural characteristics, views and vistas, site amenities. sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural land5cape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and SITE PLAN -I I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed. to define and enhance open spaces, and generally to enhance the appearance of the proiect. Landscaping also includes the design and protection of planting areas so that they are less susceptible lo damage from vehicles or pedestrian movements. 6. As determined in Finding of Fact No. 4 and 5, the proposal will not create any significant on- site impacts, including those specifically addressed in the criteria above. 7. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and eificienl access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial .,·treets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives. parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. As determined in Finding of Fact No. 4, the proposal provides for adequate access and circulation as required by the criterion above. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas.for passive and active recreation by the occupants/users of the site. 8. The proposal provides for adequate open space as required by the criterion above as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(1): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 9. As determined in Finding of Fact No. 5, no view corridors are adversely affected. No shorelines are in the vicinity for purposes of requiring public access. SITE PLAN -12 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-200(E)(3)(g): Natural Systems: Arranging pro;ect elements to protect existing natural systems where applicable. 10. Natural systems will not be adversely affected by the proposal as determined in Finding of Fact No. 5. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 11. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time.frames, for phased projects. 12. The staff report and application materials contain a detailed phasing plan. DECISION The site plan, light standard modification, street standard modification. parking modification and sign variance are approved subject to the following conditions: 1. The applicant shall comply with the one mitigation measure issued as part of the Determination of Non-Significance Mitigated, dated June l, 2015. 2. The applicant shall be required to provide on-site landscape buffers along the perimeter of the site adjacent to SW 41st St and East Valley Rd to a minimum width of 15 feet in order to accommodate a variety of vegetation. Additionally, a minimum 1,000 square foot gateway/landscape area shall be provided at the comer of SW 41 st St and East Valley Rd. All perimeter parking lot landscaping shall be revised to include the following: trees planted along the street frontage in clusters; shrubs planted at the minimum rate of one per 20 square feet of landscaped area; ground cover in sufficient quantities to provide at least 90% coverage of the landscaped area within 3 years of installation. Existing healthy mature trees which are located within perimeter landscape buffers shall be maintained to the maximum extent possible and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous. Underground sprinkler systems arc required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage of the planted areas specified on the plan. A revised landscape and irrigation plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 3. The applicant shall provide a detailed plan identifying the location and screening provided for surface and roof mounted equipment. The screening plan shall be submitted SITE PLAN -13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to, and approved by, the Current Planning Project Manager prior to building permit approval. 4. The applicant shall be required to provide wetland signage and split rail fencing plan along the existing wetland buffer to the Current Planning Project Manager prior to engineering permit approval. The construction of the split rail fencing and signage shall occur prior to Temporary Occupancy. 5. If the proposal significantly and adversely impacts critical areas as determined by staff prior to final plat approval, the applicant shall be required to submit a mitigation plan complying with RMC 4-3-050 and include baseline information for the Act III Theater Mitigation Plan ( dated September 16, 1991 ). The mitigation plan, if necessary, shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 6. The applicant shall be required to submit a final sign package which indicates the approximate location of all exterior building signage. Proposed signage shall be compatible with the building's architecture and exterior finishes and contribute to the character of the development. The base for the proposed pylon sign shall include design elements which minimize impacts on the pedestrian environment. The sign package shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The applicant shall be required to replace the proposed guardrail with ornamental fencing. A revised landscape plan, with alternative fencing. shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The applicant has submitted a bollard alternative to the guardrail which would serve to comply with the recommended condition of approval (Exhibit 16). 8. The applicant shall be required to provide an additional pedestrian connection from the proposed entrance across the center drive aisle to the southern portion of the site. Additionally, all designated pedestrian areas shall be differentiated, in material, from drive aisles. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 9. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. The board shall include color and materials for the following: fa~ade treatments, windows/frames, and columns. 10. The applicant shall provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. 11. The applicant shall submit bicycle parking detail demonstrating compliance with the bicycle requirements outlined in RMC 4-4-080F. l l .c for fixed structures. The bicycle SITE PLAN -14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parking detail shall be submitted to and approved by the Curren! Planning Project Manager prior to building permit approval. 12. The applicant shall revise the TIA to include the traffic counts referenced from All Traffic Data, Inc. The revised TIA shall be submitted to, and approved by, the Plan Reviewer prior to engineering construction permit approval. 13. Fire department apparatus access roadways are required within I 50 feet of all points on the building. Fire lane signage is required for the on-site roadway. DA TED this 8th day of July, 20 I 5. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-l 10(E)(l4) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-1 IO(E)(l3) and RMC 4-8-IOO(G)(9). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th floor, (425) 430- 6510. Affected property owners may request a change m valuation for property tax purposes notwithstanding any program of revaluation. SITE PLAN -I 5 Denis Law Mayor July 9, 2015 Amanda Steinle CenterPoint Integrated Solutions 1240 Bergen Parkway, Suite A-250 Evergreen CO 80439 Subject; Hearing Examiner's Final Decision ' City Clerk -Jason A. Seth, CMC RE: CarMax Auto Superstore, LUA-15-000288 Dear Ms. Steinle: The City of Renton's Hearing Examiner has issued a Final Decision dated July 8, 2015. These documents are immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov); • To be viewed at the City Clerk's office on the 7'h floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the above project number; and • For purchase at a copying charge of $0.15 per page. The estimated cost for the Hearing Examiner Documents is $2.25, plus a handling and postage cost (this cost is subject to change if documents are added). APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. Appeals must be filed in writing together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8- 100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of 1055 South Grady Way • Renton, Washington 98057 • (425) 43Q-6510 / Fax (425) 43Q-6516 • rentonwa.gov • Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon the issuance of a reconsideration decision. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, Jaso, . ,,.: f;/J City cc: Hearing Examiner Rocale Timmons, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Steve Lee, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante, Secretary, Planning Division Ed Prince, City Council President Julia Medzegian, City Council Liaison Regal Cinemas, Owner Parties of Record (3) July 9, 2015 STATE OF WASHINGTON COUNTY OF KING CERTIFICATE OF MAILING ) ) § ) JASON A. SETH, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that he is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 9th day of July, 2015, at the hour of 4:30 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail the Hearing Examiner's Final Decision RE: CarMax Auto Superstore (LUA-15-000288) to the attached parties of record. SUBSCRIBED AND SWORN TO BEFORE me this 9th day of July, 2015. M ya blic in and for the S Regal Cinemas, Inc. c/o/ Eastgate Theatre 7312 Regal Ln Knoxville, TN 37918 JOHN STOKKA 4412 185TH AVE E LAKE TAPPS, WA 98390 Amanda Steinle Centerpoint Integrated Solutions 1240 Bergen Pkwy, A-250 Evergreen, CO 80439 Mike Creekmore CarMax Auto Superstores 12800 Tuckahoe Creek Pkwy Richmond , VA 23238 Jeff Chamber PACLAND 1505 Westlake Ave N, Suite 305 Seattle, WA 98109 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .JJL O $ 201' RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON ) RE: CarMax Auto Superstore l FlNAL DECISION Site Plan, Variance and Modifications l ) LUA 15-000288 ) ) _______________ ) Summary The applicant requests site plan approval and approval of a variance and three modification applications for a 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash to be located at 3157 East Valley Rd. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 48 parking stalls allowed 18 to up to 352 parking spaces (as an interim measure) with 244 stalls upon full build-out. The applicant is requesting a lighting modification, from RMC 4-4-075, in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along East Valley Rd and SW 41st St. Finally, the applicant is proposing a variance from RMC 4-4-l 00 in order to site a 40-foot high pylon sign along East Valley Rd. The site plan, modifications and variance are all approved subject to conditions. 19 20 21 22 23 24 25 26 Testimony Rocale Timmons, Senior Planner, summarized the staff report. In response to examiner questions, Ms. Timmons noted that each phase of the proposal is self-contained and would satisfy all city standards even if subsequent phases were not completed. Existing street frontage improvements are consistent with adjoining improvements. The requested street modifications would not create any SITE PLAN -I 2 3 4 5 inconsistency with street frontage on adjoining properties. The topographical justification for the sign variance is limited to visibility from SR 167 and the fact that all adjoining projects are allowed signs similar to that which would be enabled by the variance. The base of the sign will nol interfere with pedestrian access. Staff is just concerned with aesthetic pedestrian scale. Amanda Steinle, applicant representative, agreed with staff's recommendations except for Condition No. 4. The applicant would like the fence placed in the existing critical area buffer as opposed to the buffer required by new code requirements. The proposal will not encroach any further into the critical area buffer than it does today. Ms. Timmons agreed with the requested revision to Condition 6 No. 4, stating that the old wetland buffers still apply since the applicant proposes no further encroachment into the wetland buffer. 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Carl Kiminki, residential neighbor, inquired whether the sign would be digital and also asked if the base of the sign would be a pyramid. Ms. Timmons clarified that City regulations would not allow a digital sign. Exhibits The staff report Exhibits 1-17 identified at page 2 of the staff report were admitted into the record during the hearing. The following exhibits were also admitted: Exhibit 18 Staff report Exhibit 19 Staff power point Exhibit 20 6/27/15 letter from applicant FINDINGS OF FACT Procedural: 1. Applicant. CarMax Superstores 2. Hear[n_g. A hearing was held on the application on October 14, 2014. 3. Project Description. The applicant requests site plan approval and approval of variance and modification applications for a 20,220 square foot CarMax Auto Superstore facility including a dealership, service building, and non-public car wash to be located at 3157 East Valley Rd. The applicant is requesting a parking modification from RMC 4-4-080 in order to exceed the maximum 48 parking stalls allowed to up to 352 parking spaces with 244 stalls upon full build- out. The applicant is requesting a lighting modification, from RMC 4-4-075, in order to increase the maximum average lighting levels of 0.9 foot-candles along the perimeter of the project boundary to 1.2 foot-candles. The applicant is also requesting a street modification, from RMC 4-6-060, in order to reduce the required dedication and improvements required along SITE PLAN -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. East Valley Rd and SW 41st St. Finally. the applicant is proposing a variance from RMC 4-4- 100 in order to site a 40-foot high pylon sign along East Valley Rd. The project site totals 12.28 acres in area. The site currently contains a 74,000 square foot theater facility, which is proposed for removal. There are two primary access points on East Valley Road; a secondary access point on SW 41 st St; and a third access point to the west which connects the site to Lind Ave SW. An approximate 2.0 acres would be dedicated to customer and employee parking areas containing 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out of three proposed phases. An approximate 2.0 acres would be dedicated to customer and employee parking areas containing 244 parking stalls upon full build-out. The overall sales display parking area would be approximately 4.07 acres, containing 610 sales spaces upon full build-out. The project will be built in three phases. The primary and first phase of sales display area would contain 423 spaces, located on the east side of the property fronting onto East Valley Rd, and secured by highway guardrail and embassy-style security gates. The Phase II Sales Lot contains 84 spaces and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot contains I 08 spaces and is located at the southeast corner of the property at the corner of SW 41 st Street and East Valley Rd. Existing parking and landscaping islands in the southwest corner of the site (Phase Ill Sales Lot) are proposed to remain, for customer and employee parking, until CarMax proceeds with the Phase Ill sales lot. All new structures would be located central to the site. The service building would be located west of the sales building and sales display. Adequacy of Infrastructure/Public Servjct:~. The project will be served by adequate/appropriate infrastructure and public services. The adequacy of infrastructure and services is more specifically addressed as follows: A. Water and Sewer Service. Sewer and water are provided by the City of Renton. Water and sewer lines already serve the project site. B. Fire and Polig,. The City of Renton will provide fire and police service. Fire and police department staff have determined that existing facilities are adequate to serve the development with the comment that the project include a fire apparatus road and fire lane signage (as conditioned by this decision). C. l)rainage. The applicant has submitted a preliminary drainage report, Ex. 8, that staff has found to be acceptable for site plan review. A staff finding of consistency with applicable drainage standards, absent any contrary evidence, is sufficient for a finding of adequate drainage facilities. SITE PLAN -3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The existing stormwater facilities include a detention pond, three water quality ponds, and two grass-lined swales just east and south of the wetlands. The existing site also includes a storm drainage system designed to collect stormwater at strategically placed catch basins throughout the site. The stormwater is then conveyed through underground pipes to a swale at the rear of the theater building. After traveling through one of the two swales, runoff passes through the existing stormwater detention/treatment facilities and enters the City's stormwater system at Lind Ave SW. This system continues north for approximately 1,300 feet, before heading west approximately 450 feet to the discharge point of Springbrook Creek. The applicant proposes to utilize the existing stormwater system for conveyance, water quality, detention, and flow control systems and provide improvements to conveyance and water quality as required. A conveyance system consisting of catch basins and storm pipes is proposed to be constructed in the parking areas to collect drainage from impervious surfaces and convey runoff to the proposed water quality facilities. Additional flow control facilities arc not required by City regulations, since the proposal doesn't increase the I 00-year peak flow by more than 0.1 cfs and it is not expected to significantly impact a critical area, or cause severe flooding or erosion problems. D. Parks/Op,:n Space. City development standards do not impose any park or open space requirements for commercial uses and no legal justification is found in the administrative record. Proposed and conditioned landscaping would provide passive recreation opportunities for CarMax customers. E. Off-Site Transportation. Off site transportation facilities are adequate to serve the site. No significant off-site transportation impacts are anticipated and no off-site mitigation is necessary. The applicant submitted a Traffic Impact Analysis ("TIA") prepared by TENW, dated April 6, 2015 (Exhibit 9). The analysis of the report, approved by staff, determined that the completed project is anticipated to generate -1,623 net new weekday daily trips, 39 net new weekday AM peak hour trips, and -124 net new weekday PM peak hour trips. The net new trip generation was calculated by subtracting the trips from the movie theater to be removed from the trips generated by the proposed CarMax. The results of the LOS analysis showed that all affected intersections would operate at acceptable levels (LOS D or better) in 2017 with or without the proposed project. However, it was noted in the TIA that existing weekday AM peak hour traffic counts were collected by All Traffic Data, Inc.; but, this information was not included in the TIA appendices. Therefore, a condition of approval requires that the TIA be revised to include the traffic counts referenced from All Traffic Data, Inc. The revised TIA shall be SITE PLAN -4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 submitted to, and approved by, the Plan Reviewer prior to engineering construction permit approval. G. Parking (vehicular anct .. l>i~~-As conditioned, the proposal provides for adequate vehicular and bicycle parking. The applicant is proposing significantly more vehicular parking spaces than allowed by City code, which is the basis of the applicant's requested parking modification, approved by this decision. As detailed in the staff report, the City code authorizes a maximum of 48 parking spaces. Depending upon the phase of development, the applicant proposes up to 352 parking spaces, with a total of 244 stalls upon completion of the final phase of development. Since the applicant's parking modification is approved, it is determined that the proposed parking is adequate. It is unclear if the proposal includes bicycle parking. Therefore the conditions of approval require that the applicant submit bicycle parking detail demonstrating compliance with the bicycle requirements outlined in RMC 4-4-080(F)(l l )( c )for fixed structures. The bicycle parking detail shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. H. Vehicular and Pedestrian Access and lnte_rnal Circulation. The proposal is served by safe and efficient pedestrian and vehicular access points and internal circulation. There are four access driveways connecting the site that are proposed to remain unchanged and are shared with neighboring commercial businesses. Two full access driveways are located along East Valley Rd, one full access driveway is located on SW 41 '1 St, and another full access (signalized) driveway is located west of the site at the intersection of Lind Ave SW/ SW 39th St. Trucks would access the site by entering the north driveway on East Valley Rd and exiting at the south driveway on East Valley Rd. Customers and employees would primarily use the southern driveway on East Valley Rd and the driveway on SW 41'1 St, with minor usage of the driveway on Lind Ave SW. Internal pedestrian connections to the public sidewalk network are proposed in order to provide safe and efficient pedestrian access throughout the site and to abutting sites. However, an additional pedestrian connection should be provided from the proposed entrance across the central drive aisle to the southern portion of the site. Pedestrian crosswalks, between the front fa9ade and the parking lot, appear to be differentiated in some areas while other areas have no striping or differentiation at all. In order to provide safe and efficient pedestrian connectivity on site staff recommends the applicant be required to provide an additional pedestrian connection from the proposed entrance across the center drive aisle to the southern portion of the site. Additionally, all designated SITE PLAN -5 2 3 4 5 6 7 8 9 10 I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. pedestrian areas shall be differentiated, in material, from drive aisles. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. Landscaping. The applicant's preliminary landscaping plan has been found to comply with City standards by staff and in fact significantly exceeds those standards. A conceptual landscape plan was submitted with the project application and approved by staff subject to the conditions adopted by this decision. Absent evidence to the contrary, compliance with City landscaping standards and staff recommendations for additional landscaping provides for adequate landscaping. The conceptual landscape plan illustrates materials that would be used to enhance the visual character of the building and site. The planting schedule includes a variety of trees, shrubbery, groundcover, and grasses. Perimeter landscaping along East Valley Rd is proposed at a width ranging from 3 to 15 feet west of the sidewalk. SW 41 st St would have a landscape strip width of approximately 10 to 15 feet. In the surface parking area, the applicant is proposing intervening landscaping on average every 12 parking stalls. Landscaping is not proposed within the sales parking areas. Within the proposed employee/customer surface parking lot, 35 square feet of landscaping per parking space would be required. Based on the proposal of 352 surface parking stalls (244 stalls after future car sales parking expansion), a minimum of 12,320 square feet of landscaping would be required within the surface parking areas (8,540 square feet would be required after future car sales parking expansion). The submitted landscape analysis indicates that a total of 12,700 square feet oflandscaping would be provided interior to the site. While the proposed the parking lot landscaping would exceed the minimum landscape frontage in some areas, and the interior parking lot landscaping requirement is met, it is not the intent of City's landscaping regulations that rigid and inflexible design standards be imposed, but rather minimum standards be set. Higher standards can be substituted as long as fencing and vegetation do not exceed height limits specified in RMC 4-4-040. Additionally, Policy CD-39 encourages quality development by supporting site plans which incorporate landscaping standards that reflect unity of design and create a distinct sense of place. There are also several guidelines and standards within Design District 'D' which serve to require landscaping to enhance the urban character of development. The scale of the surface parking area, while located in an industrial zone, is very large and requires a parking modification in order to exceed the maximum number of stalls. The SITE PLAN -6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parking areas are located along heavily used primary arterials and would have a visual impact on the pedestrian environment and abutting/adjacent properties without adequate landscape buffers. Wide landscape buffers along the perimeter of the site, specifically along East Valley Rd and the northwest corner of the SW 41 ''/East Valley Rd intersection would serve as a visual buffer between the proposed development/large surface parking area and the smaller scale development surrounding the site and the pedestrian environment. Additionally, the location of utilities within the East Valley Rd right-of-way would preclude the planting of much needed street trees to aesthetically buffer the parking area. Given the aesthetic impacts of the proposed development on less intense neighboring properties and adjacent streets, this decision adopts a condition that the applicant be required to provide on-site landscape buffers along the perimeter of the site adjacent to SW 41" St and East Valley Rd to a minimum width of 15 feet in order to accommodate a variety of vegetation. Additionally, a minimum 1,000 square foot gateway/landscape area shall be provided at the corner of SW 41 '' St and East Valley Rd. All perimeter parking lot landscaping shall be revised to include the following: trees planted along the street frontage in clusters; shrubs planted at the minimum rate of one per 20 square feet of landscaped area; ground cover in sufficient quantities to provide at least 90% coverage of the landscaped area within 3 years of installation. Existing healthy mature trees which arc located within perimeter landscape buffers shall be maintained to the maximum extent possible and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous. A revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage of the planted areas specified on the plan. A detailed landscape plan and irrigation plan will need to be submitted and approved prior to building permit approval. J. Refuse and Recycle Enclosure. As outlined in the staff report, the proposal provides for 445 feet for a refuse and recycle area, which exceeds the 120 square feet required by City code. The proposal provides for adequate refuse and recycle. K. Recreation. There is no code requirement or other legal justification to require any recreational space for the project. The significant amount of landscaping of the proposal provides for passive recreation. SITE PLAN -7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L. Transit and Bicycles. The record does not contain any information on the availability of transit. Given that the proposal involves the sale of automobiles, it does not appear likely that many transit users would be accessing the site, therefore no transit improvements could be required of the applicant. As to bicycle facilities, the conditions of approval require the applicant to submit a bicycle parking plan that demonstrates compliance with city bicycle parking standards. For these reasons, it is determined that the facility is served by adequate transit and bicycle facilities. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Few adverse impacts are anticipated since the proposal only serves to replace an existing area already developed for a theater and the proposed construction will only result in an increase of approximately one acre of pollution generating impervious surface at the 12 acre site. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Compatibility. The proposal is fully compatible with surrounding uses. The proposal is surrounded by commercial and industrial uses, including another car dealership lo the north. Landscaping that exceeds code requirements is required for the perimeter of the project to buffer the excessive parking of the site. B. Lighting. The applicant has requested a modification to applicable lighting standards, approved by this decision, in order to increase authorized perimeter lighting from 0.9 candles to 1.2 candles. This amount of lighting will not adversely affect adjoining properties. Fixtures use flat lens and are downcast to reduce light spill onto adjacent properties. Additionally, all perimeter fixtures have full cut-off shields to reduce glare. The exterior lighting would be reduced after operating hours. Finally, the project site is bordered by commercial and industrial uses and would not share boundaries with any residential uses. C. Aesthetics. As conditioned, the proposal incorporate sufficient screening to prevent adverse aesthetic impacts to neighboring properties and the general public. The applicant did not provide details for surface or roof mounted equipment and/or screening identified for such equipment. As such this decision adopts a condition that the applicant provide a detailed plan identifying the location and screening provided for surface and roof mounted equipment. The screening plan shall be submitted lo, and approved by, the Current Planning Project Manager prior to building permit approval. As identified in the landscaping discussion of Finding of Fact No. 4, perimeter landscaping exceeding code requirements is imposed by the conditions of approval in order to ensure adequate screening of the excess parking proposed by the applicant. Further, the applicant is also proposing the use of an embassy-style security gate and guardrail around the perimeter of the car sales parking area. The proposed steel guardrail, SITE PLAN· 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. along East Valley Rd, would not serve as a creative screening feature for the proposed car sales display area as required in the design district. Therefore the conditions of approval require the applicant to replace the proposed guardrail with ornamental fencing. A revised landscape plan, with alternative fencing, shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The applicant has submitted a bollard alternative to the guardrail which would serve to comply with the condition of approval. Privacy andJ.foise. The proposal wi II not create any significantly adverse noise or privacy impacts. Privacy is not anticipated to be a problem since there are no residential uses close to the proposal. Noise is also not anticipated to be significant. Existing noise within the vicinity of the subject site is primarily composed of vehicles on adjacent streets (SW 41 st St and East Valley Rd). Temporary construction noise is anticipated as a result of the subject project. Based on the provided construction mitigation description the applicant has indicated that construction is anticipated to last approximately eight months and commencement of construction is to be determined. At this time, the applicant has indicated that construction work would occur during typical construction hours. Furthermore, the site is surrounded by industrial activity and/or commercial development. Therefore, the temporary noise impacts are anticipated to be minimal and limited in duration. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. E. Natural Systems Features/Critical Are,as. The only protected natural system feature/Critical Area on the project site are two Category 3 wetlands located along the western border of the project site. The proposal does not involve any encroachment into the buffers of these wetlands. Staff have no found any impacts to the wetlands at this time. However, if the proposal will affect the wetlands a condition requires a mitigation plan. The conditions of approval also require fencing along the buffers of the wetlands. F. Views. No views are disrupted by the proposal. There are no territorial views for which to maintain visual accessibility. Staff received no comments from adjacent properties regarding views. G. Public Access. The proposal does not interfere with any public access to the shoreline. No shorelines are in the vicinity of the proposal. Conclusions of Law 1. Authority. RMC 4-9-200(8)(2) requires site plan review for all areas designated as EA V by the comprehensive plan, which applies the subject parcel. Hearing examiner review of site plans is required because the proposal involves more than 300 parking spaces and more than 10 acres of SITE PLAN -9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 development as specified in RMC 4-9-200(D)(2)(b). RMC 4-8-080(G) classifies hearing examiner site plan review as Type III permits and modifications as Type I permits. The site plan, variance application and modification requests of this proposal have been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest-number procedure". The site plan has the highest numbered review procedures, so the site plan, variance and modification requests must be processed as Type III applications. As Type III applications, RMC 4-8-0SO(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Commercial Arterial (CA) and Medium Industrial (IM) and its comprehensive plan designation is Employment Area Valley (EAV). 3. Revie\\' Criteria/Adoption of Staff Report Variance llni!~},fodjfication Findings and Conclusions. Site plan review standards are governed by RMC 4-9-200(E)(3). Applicable criteria are quoted below in italics and applied through corresponding conclusions of law. The staff report findings of fact and conclusions of law for the three requested development standard modifications (Staff Report Finding 28, 29 and 30) and variance (Staff Report Finding 31) are adopted by this reference as if set forth in ti.ill. RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistenq: Conformance with plans, policies, regulations and approvals, including· i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulation.f: Intent and guidelines of the design regulations located in RMC 4- 3-100. 4. The proposal is consistent with applicable comprehensive plan policies and zoning regulations as outlined in Finding 26 and 27 of the staff report, which is adopted by this reference as if set forth in full, including the findings and conclusions. No planned action ordinance or development agreement applies to the proposal. The CA portion of the project (which contains no structures) is subject to the RMC 4-3-100 design regulations. See RMC 4-3-IOO(B)(l)(b). The proposal is found SITE PLAN -10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to be consistent with these regulations for the reasons identified in Finding 32 of the staff report, adopted by this reference as if set forth in full, including findings and conclusions. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale slructures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Loading and Storage Areas: Localing, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility lo al/raclive natural fealures; v. Landscaping: Uving landscaping to provide transitions between development and surrounding properties lo reduce noise and glare, mainlain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 5. As determined in Finding of Fact No. 4 and 5, the proposal will not create any significant off- site impacts, including the impacts specifically addressed in the criteria above. RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation lo natural characteristics, views and vistas, site amenilies, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Feature.,·: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and SITE PLAN -11 2 3 4 5 6 7 8 9 10 l l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 iv. Landscaping: Use olfandscaping lo soften the appearance ofj,arking areas, lo provide shade and privacy where needed, lo define and enhance open spaces, and generally lo enhance the appearance of the project. Landscaping also includes the design and protection ojj,lanling areas so that they are less susceptible lo damage from vehicles or pedeslrian movements. 6. As determined in Finding of Fact No. 4 and 5, the proposal will not create any significant on- site impacts, including those specifically addressed in the criteria above. 7. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii, Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pede.\·trians: Providing safe and attraclive pedeslrian connections be/ween parking areas, buildings, public sidewalks and adjacent properties. As determined in Finding of Fact No. 4, the proposal provides for adequate access and circulation as required by the criterion above. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas ji,r passive and active recreation by the occupants/users of the site. 8. The proposal provides for adequate open space as required by the criterion above as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(f): Views and Public Accesl·: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 9. As determined in Finding of Fact No. 5, no view corridors are adversely affected. No shorelines are in the vicinity for purposes of requiring public access. SITE PLAN -12 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-200(E)(3)(g): Natural System.~: Arranging project elements to protect existing natural systems where applicable. 10. Natural systems will not be adversely affected by the proposal as determined in Finding of Fact No. 5. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and .facilities to accommodate the proposed use. l l. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 12. The staff report and application materials contain a detailed phasing plan. DECISION The site plan, light standard modification, street standard modification, parking modification and sign variance are approved subject to the following conditions: 1. The applicant shall comply with the one mitigation measure issued as part of the Determination of Non-Significance Mitigated, dated June 1, 2015. 2. The applicant shall be required to provide on-site landscape buffers along the perimeter of the site adjacent to SW 41 st St and East Valley Rd to a minimum width of 15 feet in order to accommodate a variety of vegetation. Additionally, a minimum 1,000 square· foot gateway/landscape area shall be provided at the comer of SW 4 l st St and East Valley Rd. All perimeter parking lot landscaping shall be revised to include the following: trees planted along the street frontage in clusters; shrubs planted at the minimum rate of one per 20 square feet of landscaped area; ground cover in sufficient quantities to provide at least 90% coverage of the landscaped area within 3 years of installation. Existing healthy mature trees which are located within perimeter landscape buffers shall be maintained to the maximum extent possible and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage of the planted areas specified on the plan. A revised landscape and irrigation plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 3. The applicant shall provide a detailed plan identifying the location and screening provided for surface and roof mounted equipment. The screening plan shall be submitted SITE PLAN -13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to, and approved by, the Current Planning Project Manager prior to building permit approval. 4. The applicant shall be required to provide wetland signage and split rail fencing plan along the existing wetland buffer to the Current Planning Project Manager prior to engineering permit approval. The construction of the split rail fencing and signagc shall occur prior to Temporary Occupancy. 5. If the proposal significantly and adversely impacts critical areas as determined by staff prior to final plat approval, the applicant shall be required to submit a mitigation plan complying with RMC 4-3-050 and include baseline information for the Act III Theater Mitigation Plan (dated September 16, 1991). The mitigation plan, ifnccessary, shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 6. The applicant shall be required to submit a final sign package which indicates the approximate location of all exterior building signage. Proposed signage shall be compatible with the building's architecture and exterior finishes and contribute to the character of the development. The base for the proposed pylon sign shall include design elements which minimize impacts on the pedestrian environment. The sign package shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The applicant shall be required to replace the proposed guardrail with ornamental fencing. A revised landscape plan, with alternative fencing, shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The applicant has submitted a bollard alternative to the guardrail which would serve to comply with the recommended condition of approval (Exhibit 16). 8. The applicant shall be required to provide an additional pedestrian connection from the proposed entrance across the center drive aisle to the southern portion of the site. Additionally, all designated pedestrian areas shall be differentiated, in material, from drive aisles. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 9. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. The board shall include color and materials for the following: fayade treatments, windows/frames, and columns. 10. The applicant shall provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. 11. The applicant shall submit bicycle parking detail demonstrating compliance with the bicycle requirements outlined in RMC 4-4-0SOF .11.c for fixed structures. The bicycle SITE PLAN -14 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parking detail shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 12. The applicant shall revise the TIA to include the traffic counts referenced from All Traffic Data, Inc. The revised TIA shall be submitted to, and approved by, the Plan Reviewer prior to engineering construction permit approval. 13. Fire department apparatus access roadways are required within 150 feet of all points on the building. Fire lane signage is required for the on-site roadway. DA TED this 8th day of July, 2015. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(£)(14) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-I IO(E)(l3) and RMC 4-8-IOO(G)(9). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Otlice, Renton City Hall -7'h floor, (425) 430- 6510. Affected property owners may request a change m valuation for property tax purposes notwithstanding any program of revaluation. SITE PLAN -15 FOR FURTHER INFORMATION PLEASE CO DO Not0~:~~r i1~iNJl.:tti: €iiPe~~EE~fW~4~w1~:1~~~TMENT OF ' PlEASE INCLUDE THE PROJEa NUMBtR WH ITHOUT PROPER AUTHORIZATION N CAW NG FOR PROPER FJLE IDENTIFICATION. CERTIFICATION I, ,<l/(u/e T; l)J;Jl t!Yl.( hereby certify that "5 copies of the above document were posted in 3---conspicuous places or nearby th~e describ: property on Date: U /;!£/; S-Signed: ~t!::L C:7-r J?A I -=~-- 5 TATE OF WASHINGTON 55 COUNTY OF KING I certify that I know or have satisfactory evidence that j<pc,R'-Ti mlNII'< signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _,,~11 ~11 Q.0(5 ~ ~/Ya,~r,, rr-:~~i--'. , \ Notary (Print): ''// ~en -,_ . tTO~ ~ -4 ~--. ~ ~ • "'9\,t" . • ,, If • .,Q _ 1 1 ,, ,~ : My a pp ointment expires : __ ..,_~-"'l':i-io:tL.,_S f-,___,;2.,._~,. . ....,.:)Q=,_c,:.__ _____ _ Public in and for the State of Washington On the 5th day of June, 2015, I deposited in the mails of the United States, a sealed envelope containing SEPA Determination and Notice documents. This information was sent to: Agencies Amanda Steinle Regal Cinemas Parties of Record (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING Dated: ~µn,L ,1J ;Jo/§' See Attached Contact Applicant/Owner See Attached Public in and for the State of Wli!hinfi,tOR _ § \ 5' "•1l1C. = = Notary (Print): ___ __.~,...o'-'-~""f--"f-1-"c,w=-~~!'.£.-£.. _______ ·.:.c:,"..._c,9--,;,:, ... ?,,..,,,"'"=~YG~"-'--.-= My appointment expires: Al~r...s+-a er, o-0rr , .. r, CarMax Auto Superstores LUAlS-000288, ECF, SA-H, MOD, MOD, VA-A template -affidavit of service by mailing ... Dept. of Ecology ** Environmental Review Section PO Box47703 Olympia, WA 98504·7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS·240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers *** Depart. of Natural Resources PO Box47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Timothy C. Croll, Attn: SEPA Responsible Official 700 Fifth Avenue, Suite 4900 PO Box34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** Muckleshoot Indian Tribe Fisheries Dept.•• Attn: Misty Blair Attn: Karen Walter or SEPA Reviewer PO Box 47703 39015 -172"' Avenue SE Olympia, WA 98504·7703 Auburn, WA 98092 Duwamish Tribal Office• Muckleshoot Cultural Resources Program*"' 4717 W Marginal Way SW Attn: Laura Murphy Seattle, WA 98106-1514 39015 172nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division• Muckleshoot Cultural Resources Program•• Environmental Planning Supervisor Attn: Erin Slaten Ms. Shirley Marroquin 39015172'' Avenue SE 2015. Jackson ST, MS KSC-NR-OSO Auburn, WA 98092-9763 Seattle, WA 98104-3855 WDFW -Larry Fisher' Office of Archaeology & Historic Preservation• 1775 12th Ave. NW Suite 201 Attn: Gretchen Kaehler Issaquah, WA 98027 PO Box 48343 Olympia, WA 98504-8343 City of Newcastle City of Kent Attn: Tim McHarg Attn: Charlene Anderson, AICP, ECD Director of Community Development 220 Fourth Avenue South 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 98056 Puget Sound Energy City ofTukwila Wendy Weiker, Community Svcs. Mgr. Jack Pace, Responsible Official 355 110" Ave NE 6200 Southcenter Blvd. Mailstop EST 11 W Tukwila, WA 98188 Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal Liaison Mgr. 6905 South 228" St Kent, WA 98032 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. "Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov "Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT1 & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L erin.slaten@muckleshoot.nsn.us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing -,, . Regal Cinemas, Inc. c/o/ Eastgate Theatre 7312 Regal Ln Knoxville, TN 37918 JOHN STOKKA 4412 185TH AVE E LAKE TAPPS, WA 98390 Amanda Steinle Centerpoint Integrated Solutions 1240 Bergen Pkwy, A-250 Evergreen, CO 80439 Mike Creekmore CarMax Auto Superstores 12800 Tuckahoe Creek Pkwy Richmond, VA 23238 Jeff Chamber PACLAND 1505 Westlake Ave N, Suite 305 Seattle, WA 98109 On the 17th day of June, 2015, I deposited in the mails of the United States, a sealed envelope containing HEX Report and Exhibits documents. This information was sent to: Phil Olbrechts Mike Creekmore Amanda Steinle Regal Cinemas, Parties of Record (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING ) ss ) Hearing Examiner Applicant Contact Owner See Attached I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes . . . ,\'\\\\\\1q mentioned in the instrument. -...,,"\1-y p 1,,, ->-0" 0 '1 • ;?" ~ ~'''".\'"II ~ , i, -~ ,"'111,, ~ ,. .= ...,.. ,,. \"...,; ·,; Dated: J\.1;A1t 11 a,015 V i Public in and for the Stat~~, , -I ~ :P: Nata ry (Print) : ___ ...J..U::..l.-!;f----L...I..I.Jae:..E:!..2.... __ _.;.,'.:-~;..:ll~i'-4~~1Fc-"'-- My appointment expires: CarMax Auto Superstores LUAlS-000288, ECF. SA-H, MOD, MOD, MOD, VA-A template -affidavit of service by mailing Regal Cinemas, Inc. c/o/ Eastgate Theatre 7312 Regal Ln Knoxville. TN 37918 JOHN STOKKA 4412 185TH AVE E LAKE TAP PS. WA 98390 Amanda Steinle Centerpoint Integrated Solutions 1240 Bergen Pkwy, A-250 Ever~reen, CO 80439 Mike Creekmore CarMax Auto Superstores 12800 Tuckahoe Creek Pkwy Richmond , VA 23238 Jeff Chamber PACLAND 1505 Westlake Ave N, Suite 305 Seattle, WA 98109 City of Renton LAND USE PERMIT /iP( 3 j ?C1J MASTER APPLICATION:i/'i, PROPERTY OWNER(S) PROJECT INFORMATION NAME: Regal Cinemas. Inc. c/o Eastgate Theatre, Inc. PROJECT OR DEVELOPMENT NAME: CarMax Auto Superstores (Store #7252) ADDRESS: 7132 Regal Lane PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 3751 E. Valley Road Renton, WA 98057 CITY: Knoxville, TN ZIP: 37918 TELEPHONE NUMBER: 865-925-9611 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): Parcel #1253600030 APPLICANT (if other than owner) NAME: Mike Creekmore EXISTING LAND USE(S): Commercial COMPANY (if applicable): CarMax Auto Superstores California, LLC c/o CenterPoint PROPOSED LAND USE(S): Commercial lntearated Solutions ADDRESS: 12800 Tuckahoe Creek Parkway EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Employment Area Valley (EA V) CITY: Richmond, VA ZIP: 23238-1115 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) N/A TELEPHONE NUMBER: 804-7 4 7-0422 EXISTING ZONING: CA -Commercial Arteria IM -Industrial Medium CONTACT PERSON PROPOSED ZONING (if applicable): N/A NAME: Amanda Steinle SITE AREA (in square feet): 535,094 SF COMPANY (if applicable): CenterPoint Integrated Solutions SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 0 SF ADDRESS: 1240 Bergen Parkway, Suite A-250 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: N/A CITY: Evergreen, CO ZIP: 80439 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NIA TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) (303) 679-6978 N/A asteinle@centerpoint-is.com NUMBER OF NEW DWELLING UNITS (if applicable): N/A -1 -03/11 --~ F IJECT INFORMATION (con .... ued) ,:...=__:_:_--'--=-_=--:__:.:..:..:c:..:::_:::___:::1__ _________ -----, NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: N/A $9,500,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): D AQUIFIER PROTECTION AREA ONE N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): 20,221 SF D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft. 0 SF D HABITAT CONSERVATION sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): D SHORELINE STREAMS & LAKES sq. ft. NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW 29 WETLANDS 7 807 sq. ft. PROJECT (if applicable): NIA LEGAL DESCRIPTION OF PROPERTY (Attach leaal description on separate sheet with the followini:i information included) SITUATE IN THE SE&SW QUARTER OF SECTION -2!L_, TOWNSHIP 23N , RANGE .2L, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) 'Si:: # $4-,.ur,;-,,. , declare under penalty of perjury under the laws of the State of Washington that I am (please check on) __ the current owner of the property involved in this application or ./ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. 7 Signature of Owner/R I\ .,t- VJ (i fr\iet STATE OF ) Giood,tltt'\'I ) ss COUNTY OF lffl<tel ) 3/31 / 'hlt >/ I Date Signature of Owner/Representative Date I certify that I know or have satisfactory evidence that ~'-'-,'.-';--'-'-'..4.:'-~Y='-:-';-cc- signed this instrument and acknowledge it to be his/her/their free and volu uses and purpose mentioned in the instrument. Dated NINA MARIi! JACOBS NOTARY PUBLIC COMMONWEAi. TH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2018 COMMISSKlN # 7813780 Notary (Print): --'-'N.,_\.:_e(\(A"-'---'M4:!"--_i_.:::_C_Ji_iJ,_U)_:__:_b_S __ _ My appointment expires: __ J'""'-\).,"-"-l'-yl--·~:........c\_,,...,'J"-""j)' -'l'-'B="· ______ _ -2 -03/1 I Pn.vJECT INFORMATION (continued) --~-----~----------- NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: N/A $9,500,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): (J AQUIFIER PROTECTION AREA ONE N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL (J AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): 20,221 SF (J FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL (J GEOLOGIC HAZARD sq. ft. BUILDINGS TO REMAIN (if applicable): 0 SF (J HABITAT CONSERVATION sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): (J SHORELINE STREAMS & LAKES sq. ft. N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW eg WETLANDS 7,807 sq. ft. PROJECT (if applicable): N/A LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE SE&SW QUARTER OF SECTION ...1Q_, TOWNSHIP 23N , RANGE ..25._, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) TODD s. BORUFF, Vice President of Eastgate Theatre, Inc., declare under penalty of perjury under the laws of the State of Washington that I am (please check one)_.,,_ the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. EASTGATE THEATRE, INC. By:d \\ :5. b dis= Title: Vice President Signature of Owner/Representative STATE OF TENNESSEE COUNTY OF KNOX ss L..j-\5-[5 Date Signature of Owner/Representative Date I eerily that I know or have satisfactory evidence that TODD S. BORUFF signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. L\ /1 5( IS Dated ,,,,111111111,,, ,,, ,,,,,~,,, !It~ .,,,. I:.. . .... :.; ~ ..• .. .a" ~ ~ ··.r-~ 11rr ~~·'\i~ : UIP ~ :o::: -w • .. \ •.r .•~$ -••!lo 1 '""-" ~ •.;r .. 20'\ 1•• ·rr~ ~ ••·•··•• ~ ~,. ,, ,.,,. \,, ,,,,,,,,111,11'''' Notary Public in and for the State of Tennessee Notary (Print): ..,,A__,_vvt.......,..bec=.c....r--=B"-oo==-_n_e..,-=------ My appointment expires: _Y--+f-fJ..---+/~\~] _____________ _ I . 2. 03/11 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM February 19, 2015 Pre-Application File No. 15-000031 Rocale Timmons, Senior Planner CarMax Auto Superstore 3751 East Valley Road General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on line at www.rentonwa.gov Project Proposal: The subject property is located on the west side of East Valley Road, north of SW 41st Street, at 3751 East Valley Road. The project site totals 12.28 acres in area and is zoned both Medium Industrial (IM) and Commercial Arterial (CA). The site currently contains a 74,300 square foot structure used as a movie theatre. The pre-application packet indicates that the proposal is to remove the existing theatre and construct a new car dealership facility, CarMax. It appears the proposal contains two phases which includes the construction of 360 parking stalls for customers/employees in Phase I and 102 of those stalls would be replaced with vehicle sales parking in Phase II, resulting in 258 customer/employee parking. Associated service building, car wash, parking and landscaping improvements are also proposed. Primary access would be provided via East Valley Rd with secondary access from sites abutting to the south and west. There is a wetland located on the site. Current Use: The property currently contains an existing 74,300 square foot structure used as a movie theatre which is proposed to be demolished. Development Standards: The subject site is located within both the Medium Industrial (IM) and Commercial Arterial (CA) zoning designations on the City's Zoning Map. The site is also located within the Employment Area Valley overlay. Small Car Sales are a permitted land use within the IM and CA zone at this site. Foot note 68: Only permitted in the Automa/1 District, os defined in h:\ced\planning\current planning\preapps\2015 preapps\15-000031.rocale\15-000031 (ca im carmax).doc CarMax Auto Superstore Page 2 of 6 February 19, 2015 RMC 4-3-040, as it exists or may be amended, and Employment Area Valley land use designations. Pro11lded, howe11er, that indoor only sales of small vehicles are permitted anywhere within the CA Zone, regardless of overlay zone. If cars are parked in the CA zone they should then be in a building and not out side behind a fence. Zoning: The project would be subject to RMC 4·2-130A, "Development Standards for Industrial Zoning Designations" {noted as "IM standards" herein) and RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" {noted as "CA standards" herein). A copy of these standards is included herewith. Lot Coverage -The CA zone allows a maximum building coverage of 65 percent, or 75 percent if parking is provided within a building or within an on-site parking garage. There is no minimum lot coverage requirement within the IM zone. The project proposal appears to comply with the lot coverage requirements of the zone. The applicant would be required, at the time of formal land use application, to provide a lot coverage analysis. Setbacks -Setbacks are the distance between the building and the property line or any private access easement. The required setbacks in the IM zone are as follows: 20 feet for a front yard; zero for the rear yard; and zero for the interior side yards. However, setback requirements in the CA zone are as follows: 10 feet for a minimum front yard and 15 feet for a maximum front yard setback; zero for the rear yard; and zero for the interior side yards. While the structure is located on the IM zoned parcel the use spans to the CA zoned parcel therefore the maximum setback would be applicable to the proposal. The proposed structure exceeds the maximum front yard setback a/lawed by the CA zone. The maximum setback may be modified by the Reviewing Official through the site development plan review process if the applicant can demonstrate that the site development plan meets the following criteria: a. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC),. encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and c. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. It is unclear at this time what is proposed for fencing along East Valley Road. In order to enhance the mutual relationship of the proposed development with East Valley Rd, the applicant would be required to incorporate enhanced landscaping along East Valley Road along with decorative fencing. With enhanced landscaping and the use of decorative fencing staff would likely be in support of a modification to the required maximum setback which would be contingent on formal Site Plan Review. Building Height -The maximum building height allowed in the CA zone is 50 feet. There is no maximum building height requirement within the IM zone. The site plan provided in the pre- h:\ced\planning\current planning\preapps\2015 preapps\15-000031.rocale\15-000031 (ca im carmax).doc CarMax Auto Superstore Page 3 of 6 February 19, 2015 application packet did not note the height of the proposed additions; therefore staff was unable to verify whether the proposal complies with the maximum height requirements. Screening -Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. The site plan application will need to include elevations and details for the proposed methods of screening. Refuse and Recycling Areas -Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). For retail developments a minimum of 5 square feet per every 1,000 square feet of building gross floor area shall be provided for recyclable deposit areas and a minimum of 10 square feet per 1,000 square feet of building gross floor area shall be provided for refuse deposit areas. Landscaping-All portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. Please refer to landscape regulations (RMC 4-4-070) for additional general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-120D.12, shall be submitted at the time of application for Site Plan Review. Fences -If the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. Parking -The following ratios would be applicable to the site: Use Square Footage gJ_ Use Ratio Required Spaces Vehicle Unknown Min and Max: 1 space/ Unknown Sales 5,000SF Vehicle Unknown Min and Max: 4 space / Unknown Service 1,000 SF It is undeor the amount of square feet dedicated to each use. The applicant will be required at the time of land use application to provide a parking analysis of the subject site. The applicant should be aware that the parking ratio is based on net square footage; the total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment rooms, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. A twenty five percent (25%) reduction or increase from the minimum or maximum number of parking spaces may be granted for nonresidential uses through site plan review if the applicant can justify the modification to the satisfaction of the Administrator. Justification might Include, but is not limited to, quantitative )nformation such as sales receipts, documentation of customer frequency, and parking standards of nearby cities. In order for the reduction or increase to occur the Administrator must find that satisfactory evidence has been provided by the applicant. Modifications beyond twenty five percent (25%) may be granted per the criteria and process of RMC 4-9-2SO.D.2. h:\ced\planning\current planning\preapps\2015 preapps\15·000031.rocale\15-000031 (ca im carmax).doc CarMax Auto Superstore Page4of6 February 19, 2015 The sales area is not a parking lot and is not required to comply with dimensional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: A minimum 10 foot perimeter landscaping area is provided; they are not displayed in required landscape areas; and adequate fire access is provided per Fire Department approval. Please note that additional landscaping is required In order to support the needed modification for an increase in the maximum front yard setback. Surface porl<ing lots with 100 or more stalls shall provide a minimum of 35 square feet of landscaping per parking space in addition ta the 10 feet required frontage landscaping. Additionally, the proposal would be required to be revised in order to provide bicycle parking based on 10 % of the required number of parking stalls. it should be noted that the parking regulations specify standard stall dimensions. Surface parking stalls must be a minimum of 9 feet x 20 feet, compact dimensions of 8}'.; feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet; compact surface parking spaces shall not account for more than 30 percent of the spaces in the surface parking lots. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. Pedestrian Access A pedestrian connection shall be provided from ail public entrances to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting properties. A pedestrian connection is required between the building entrance and the abutting street and internally from the proposed building to abutting properties. Building Design Standards -Compliance with Urban Design Regulations, District 'D', is required. See the attached checklist and Renton Munic/pol Code section 4-3-100. The following bullets are a few of the standards outlined in the regulations. • A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. • Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot. • Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width. • Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. • The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. • Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. • Ail building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. h:\ced\planning\current planning\preapps\2015 preapps\15-000031.rocale\15-000031 (ca im carmax).doc CarMax Auto Superstore Page 5 of 6 February 19, 2015 • On any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent (50%) of the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.ISf}: (a) Extended parapets; (b) Feature elements projecting above parapets; (cl Projected cornices; (d} Pitched or sloped roofs. • Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Critica I Areas It appears that a wetland is located on the western portion of the subject property. Therefore, the applicant is required to submit a wetland report with the formal land use application. The site is also located in an area of susceptibility to liquefaction during seismic events. Due to subsurface conditions, a geotechnical report would be required to be submitted with the formal land use application. Environmental Review Environmental (SEPA) Review is required due to the scape of the project. Therefore, an environmental checklist is a submittal requirement. An environmental determination will be made by the Renton Environmental Review Committee. This determination is subject to appeal by either the project proponent, by a citizen of the community, or another entity having standing for an appeal. Permit Requirements In addition to Environmental Review the proposal would also require Hearing Examiner Site Plan approval given the proposal includes more than 300 parking stalls and has a project size of more than 10 acres. The purpose of the Site Plan process is the detailed arrangement of project elements so as to be compatible with the physical characteristics of a site and with the surrounding area. An additional purpose of Site Plan is to ensure quality development consistent with City goals and policies General review criteria includes the following: a. Compliance and Consistency. Conformance with plans, policies, regulations and approvals, including: b. Off-Site Impacts. Mitigation of impacts to surrounding properties and uses. c. On-Site Impacts. Mitigation of impacts to the site d. Access and Circulation. Safe and efficient access and circulation for all users. e. Open Space. Incorporation of public and private open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site; h:\ced\planning\current planning\preapps\2015 preapps\15-000031.rocale\15-000031 (ca im carmax).doc CarMax Auto Superstore Page 6 of 6 February 19, 2015 f. Views and Public Access. Provision of view corridors to shorelines and Mt. Rainier, incorporates public access to shorelines, and arranges project elements to protect existing natural systems where applicable. g. Services and Infrastructure. Availability of public services and facilities to accommodate the proposed use; h. Signage. Use of signs primarily for the purpose of identification and management of sign elements -such as the number, size, brightness, lighting intensity, and location - to complement the visual character of the surrounding area, avoid visual clutter and distraction, and appear in proportion to the building and site to which they pertain; and i. Phasing. Inclusion of a detailed sequencing plan with development phases and estimated time frames, if applicable. All applications can be reviewed concurrently in an estimated time frame of 12 weeks once a complete application is accepted. The Hearing Examiner Site Plan Review application fee Is $2,500 and the application fee for SEPA review is $1,000. The fee for any needed modifications would be $150 each. There is an additional 3% technology fee at the time of land use application. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate construction, building and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction fees, the following impact fees would be required prior to the issuance of building permits: • Fire impact fees are applicable, however the credit granted for the removal of the existing building will exceed the new fee, resulting in no new fees due. • A Transportation Mitigation Fee As determined by City per current ITE Manual. A handout listing all of the City's Development related fees is attached for your review. Expiration: Upon site plan approval, the site plan approval is valid for two years with a possible two-year extension. Note: When formol application materials are complete, the opp/leant must make an appointment with the project manager, Rocale Timmons, to have ane copy of the application materials pre-screened at the 6th floor pub/le counter prior to submitting the complete applicotion package. Rocale Timmons may be contacted at {425} 430-7219 or rtimmons@rentonwo.gov. h:\ced\planning\current planning\preapps\2015 preapps\15-000031.rocale\15-000031 (ca im carmax).doc CENTERPOINT INTEGRATED SOLUTIONS April 17, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 Subject: CarMax Auto Superstore -Renton, WA -Project Narrative 1240 Bergen Parkway, Suite A-250 T 303.670.4111 F 303.670.4172 CenterPalnt-ls.com The purpose of this letter is to outline the development and operation of a proposed CarMax Auto Superstore to be constructed within the Industrial Medium (IM) and Commercial Arterial (CA) Districts. Proposed Development The subject property is approximately 12.28 acres and is located at 3157 East Valley Rd. The site is within both the Industrial Medium (IM) and Commercial Arterial (CA) Districts. Properties adjacent to the site are zoned Industrial Medium to the north, west, and southwest and Commercial Arterial to the east and southeast. CarMax is requesting a Site Development Plan approval. The proposed development consists of the construction of a CarMax pre-owned automobile dealership, service building and non-public carwash with associated access drives, parking lots and landscaped areas. The proposed buildings is 20,221 SF and will include a sales building with an attached presentation area, a service area and a non-public carwash. The project will also include a vehicle sales area, vehicle staging area, customer and employee parking. The total project construction cost is estimated to be approximately $9,500,000. The project site will be constructed primarily in one phase, however the sales lot will be delivered in three total phases over time. The decision to expand the sales lot and the timing of the future phases will depend on the market demand for vehicles and on other business factors that CarMax considers before investing in additional facilities and employees. The Phase I sales lot is 2.5 acres and provides 423 spaces positioned along E. Valley Rd. The Phase II Sales Lot is 0.51 acres and is located at the northwest corner of the primary sales lot. The Phase Ill Sales Lot is 1.03 acres and is located at the southeast corner of the property at the corner of SW 41" Street and E Valley Rd. The Phase II Sales Lot will be regraded and paved as shown on the Site Plan and Grading and Drainage Plan during the initial construction of the project. The Phase II sales lot area will be utilized as vehicle staging area initially, until the need for additional sales vehicles exists. The Phase II Sales Lot will be screened with a temporary chain link fence until CarMax proceeds with Phase 11, at which time the temporary chain link fence will be removed, a masonry wall constructed on the south and west side of the lot and final parking stall striping applied. There will be 84 sales spaces added under Phase II. 1 CarMax -Renton, WA April 17, 2015 The project proposes that existing parking and landscaping islands in the southwest corner of the site remain until CarMax proceeds with the Phase Ill sales lot. The Phase Ill sales lot will be utilized as customer/employee parking until the need for additional sales vehicles exists. At that time, the sales vehicles will be secured with an embassy-style security gate, guardrail around the perimeter and an ornamental fence along E. Valley Rd. The existing islands will be removed and replaced with asphalt pavement, the existing asphalt will be repaired, as needed, and seal coated, and new striping will be applied as shown in the Phase Ill Sales Lot Detail on the Site Plan, Sheet C-1.0. One hundred and three sales spaces will be added with Phase Ill and 108 customer/employee spaces will be eliminated. The site is currently developed as a 74,000 square foot movie theater and associated parking lot. CarMax proposes to demolish the existing structures and site improvements. Job shacks, sales trailers and/or model homes are not proposed as a part of the final project, however during construction job shacks or trailers for storage of material may be used. The job shacks and trailers, if used are temporary and will not be a permanent part of the project and would be removed prior to completion. Site Layout There are two main access drives on East Valley Road; one which aligns with the northern property boundary and the second midway between the northern access point and the intersection of East Valley Road and SW 41" Street. There is one secondary access point on SW 41" Street between the Burger King and the office building. Finally, there is a third access point to the west that connects the site with Lind Ave. The sales display area will be located on the east side of the property, fronting onto E. Valley Road, and will be secured will be secured by highway guardrail and embassy-style security gates for security purposes. A vehicle test drive, security gate will exit onto the main entrance drive that runs through the middle of the site. This gate will be accessed by CarMax employees only. Customer and employee parking will be located west of the display area with customer access from the parking lot on the south side of the building. The service building will be located west of the sales building and sales display. The vehicle staging area will be located west and north of the service building and will be will be surrounded by a six foot high masonry wall for screening and security. The staging area will also be secured with embassy- style security gates. There are two wetlands located along the western portion of the site. The southernmost wetland area is 5,140 square feet. The second wetland is located in the northwest corner of the site and is 2,621 square feet. Both wetlands meet the US Fish and Wildlife Service (USFWS) criteria for classification as a palustrine, forested, seasonally flooded (PFOC). They both meet the Category 3 wetland criteria, per the City of Renton's standards. The project proposes a drive aisle 54 feet away from the southern wetland and 21 feet away from the northern wetland. Additionally, a stormwater management facility, including, stormwater detention pond, three water quality ponds, and two grass-lined swales, is located just east and south of the wetlands and west of the proposed improvements. These stormwater facilities receive runoff from the entire site through storm drains. Permits Required • City of Renton SEPA Determination • City of Renton Site Plan Review • City of Renton Modification -Parking Count • City of Renton Modification -Street Standards Modification • City of Renton Modification -Lighting Modification • City of Renton Variance -Sign age • City of Renton Building Permit 2 CarMax-Renton, WA April 3, 2015 • City of Renton Construction Permit • City of Renton Demolition Permit • Washington State Department of Ecology NPDES Permit Soils The project site soils consist of 5 to 9 feet of fill soils consisting of medium dense to dense, moist, gravelly sand to sandy gravel with some silt. This layer is underlain by Lacustrine organic silt and peat deposits. Alluvial deposits were encountered below this layer up to a depth of about 32 to 33 feet below existing grade, consisting of loose to medium dense sand with variable silt content. Filling and grading is proposed to bring the existing movie theater footprint up to proposed grades and is also needed due to the change in the proposed building location and site layout. Preliminary earthwork volumes include approximately 6,500 cubic yards of haul-out and 5,000 cubic yards of fill. Public Improvements There are no public improvements proposed as part of this project. Landscape A Significant Tree Inventory exhibit and Tree Retention Worksheet were prepared to demonstrate any significant trees (6 inch diameter and larger) to remain on-site. All landscaping and trees located within the western portion of the site shall remain undisturbed as part of this project. Existing interior trees will be removed and replaced with new tree plantings within designated landscape islands throughout the parking fields. Significant trees located along the perimeter of the site shall also remain as part of this project. The Tree Retention Worksheet determined that out of a total of 80 existing significant trees on- site, 42 significant trees would be retained. These retained trees included those located along the perimeter of the site as well as within the western portion of the site where the vegetated area is to remain undisturbed. Excluding trees located within the wetlands and buffer areas, a total of 33 significant trees will remain as part of this project. These trees have been identified in the Significant Tree Inventory exhibit. Per the criteria outlined in the worksheet, approximately 41% of significant trees are to remain, thus exceeding the 10% tree minimum to be retained. In addition to the retained significant trees, proposed landscaping for the interior and perimeter parking include variety of trees, shrubs and ornamental grasses. Proposed Modifications and Variances (see attached. individual modification requests) • Parking At the completion of the project, the site plan proposes 244 customer and employee parking stalls. The number of proposed stalls is more than 25% greater than the maximum number of stalls allowed for the site by RMC 4-4-080.F.10.d. Per RMC 4-4-080.F.10.c modifications to the maximum number of parking stalls beyond 25% may be granted as a modification per the criteria and process of RMC 4-9-250.D.2. The number of spaces are based upon sales projections for this market. CarMax operates approximately 140 stores across the country and has a clear understanding of the number of spaces needed to sufficiently operate and serve the community. 3 CarMax -Renton, WA April 17, 2015 • Setbacks Within the Commercial Arterial (CA) zone for the site, the maximum front yard setback is 15 feet. A request to increase the maximum building setback is needed and the project proposes a wider and enhanced landscape buffer along E. Valley Road in order to meet the criteria listed in RMC 4- 2-120C.15 for modification of the maximum setback requirement. • Street Standards The City of Renton Standards require an 8 foot sidewalk and 8 foot planter strips along collector arterial streets. The existing street frontage improvements include a 6 foot sidewalk and 8 foot planter strip. The project would request a modification of the street standards to allow the existing frontage improvements to remain. • Light Levels CarMax uses "shoebox" type lighting fixtures mounted on 25-foot tall light poles for visibility and security. Fixtures use a flat lens and are downcast to reduce light spill onto adjacent properties. Exterior lighting will be reduced after operating hours. The Renton Municipal Code allows 25 foot tall light poles. The project would request a modification to the code in order to increase the mounting height for CarMax's lighting fixtures and maintain their standard lighting. • Pylon Sign The City of Renton Standards allow a 5 foot tall sign within the CA zone. The proposed pylon sign is located along E. Valley Rd. at the main customer entrance, within the CA zone, and is 40 feet tall. The project requests a modification to the sign height in the CA zone. The project meets exceptional architectural criteria and is proposing an enhanced landscape buffer. The following information outlines the proposed operations based on similarly operating CarMax facilities. Sales & Marketing CarMax operates differently from traditional car dealerships in that it physically separates its inventory area from customer and employee parking. This is both for loss prevention control as well as operational efficiency and safety. All inventory display areas will be separated from the general public by means of guardrails, gates and fencing. Ornamental wrought-iron fencing is used to separate the customer and employee parking from the display area. Vehicular access to the display areas is controlled by embassy-style security gates through the use of a secured key-card. Prospective customers are typically accompanied by an employee when they are in the display area. Only employees are permitted to drive cars within the display area. Emergency access will be provided within the staging and display area via man doors/gates in the ornamental fencing that surrounds these areas. CarMax does not use outdoor loudspeakers as associates carry pagers and / or cell phones for communications. In addition, CarMax does not use flags, balloons, inflatable gorillas (or any other animal), placards in open car hoods, painted window lettering or the like in its marketing. Instead, they promote a high-end retail operation, and a welcoming environment to their customers and associates. Service Operations An integral part of the CarMax used car consumer offer is the reconditioning process that is performed on all vehicles offered for sale. This process includes a comprehensive Certified Quality Inspection of the engine and all major systems. Most routine mechanical and cosmetic repairs required to bring the vehicle 4 CarMax -Renton, WA April 17, 2015 up to the CarMax quality standards are performed in house; however, for some reconditioning services, third parties specializing in those services are engaged. CarMax currently offers limited retail vehicle service (routine maintenance, tires, diagnostic and mileage services) and provides repairs of vehicles covered by their extended service plans. All service work is performed inside fully-conditioned buildings equipped with rollup doors, providing the associates with a great work environment and eliminating the need to conduct operations with open bay doors. Retail service vehicles and vehicles awaiting disposition off-site are stored in the secured non-public staging area on a temporary basis. As a visual screen and to provide security for these vehicles, the staging area is surrounded by a six foot high masonry wall. Vehicular access to that area is strictly controlled through the use of embassy-style security gates. Because the staging and storage of vehicles within this area is constantly changing on a daily basis, parking spaces are not designated on the plan. The non-public carwash is located in the secured staging area and is used only by CarMax associates before vehicles are either placed in the vehicle display area or presented to customers. A below ground fuel storage tank with a non-public fuel pump is proposed for this site. The tank and fuel pump will be located adjacent to the carwash within the secured staging area to fuel inventory vehicles as needed. Site Security CarMax typically does not use on-site security guards, but uses interior and exterior security cameras for safety and inventory protection Wholesale Auctions As an accessory use, vehicles purchased through the CarMax in-store appraisal process that do not meet the CarMax retail quality standards are sold through on-site non-public wholesale auctions. Auctions are generally held weekly or every other week; however, frequency at a given superstore is determined by the number of vehicles to be auctioned. The auctions are conducted within an enclosed building. Participation in the wholesale auction is restricted to pre-qualified licensed automobile dealers only, the majority of whom are independent dealers. While some larger dealers may bring vehicle carriers to the sale to transport their purchased vehicles, most will bring drivers to take individual vehicles away. Purchased vehicles must be removed from the site within 48 hours. In summary, CarMax looks forward to partnering with the City of Renton and its residents in constructing and operating a successful new store. If you have any questions, or need additional information, please feel free to give me a call at (303) 679-6978. Thank you, Amanda Steinle CC: Mike Creekmore, CarMax Auto Superstores, Inc. Bill Fortunado, Pacland 5 " CENTERPOINT INTEGRATED SOLUTIONS (111 I Ob1,;;n J.:,19ct i1\n1·.11g8r;ie:'r 1 240 Bergen Parkway, Suite A-250 T 303.670.4111 F 303.670.41 72 CenterPoint-ls.com March 4, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 Subject: CarMax Auto Superstore -Renton, WA-Construction Mitigation Description The purpose of this letter is to outline the construction mitigation and operations associated with the proposed CarMax Auto Superstore. CarMax is requesting Site Development Plan approval. Proposed Development The subject property is approximately 12.28 acres and is located at 3157 East Valley Rd. The site is within both the Industrial Medium (IM) and Commercial Arterial (CA) Districts. The proposed development consists of the construction of a CarMax pre-owned automobile dealership, service building and non- public carwash with associated access drives, parking lots and landscaped areas. The proposed buildings will include a sales building with an attached presentation area, a service area and a non-public carwash. The project will also include a vehicle sales area, vehicle staging area, customer and employee parking. Hours of Operation Store management will set operating hours closer to the opening date; however, the showroom (sales) areas are typically open to the public Monday through Saturday from 9:00 a.m. to 9:00 p.m. with limited hours on Sundays, if permitted by local law. The retail service areas are typically open to the public Monday through Friday from 7:30 a.m. to 6:00 p.m. Associates will be present at the store several hours before and after the public operating hours. Deliveries Deliveries of vehicles, parts and supplies are made on-site and typically require the presence of associates to receive the delivery. Vehicle carriers will enter the site through the main access and load and unload vehicles in the designated area on the east side of the customer and .employee parking lot. Unloaded vehicles will be driven by employees from the parking lot into the staging area to await preparation for resale or disposition through the wholesale auction process described below. CarMax delivery guidelines require that deliveries be made only during normal hours of operation. Third party vendors are notified of the guidelines and they are posted on www.carmax.transportation.com. Proposed Construction The construction dates for the proposed CarMax store in Renton, WA are undetermined at this time. CarMax has a national store grand opening schedule that dictates the respective store construction 1 ',V CarMax-Renton, WA March 4, 2015 schedules. Many factors are taken into account before opening a store including market demand, weather conditions for construction, other CarMax stores in the region, and other economic conditions etc. The construction will last between 7 to 10 months once started. Construction Hours All site improvements and construction activities will occur between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and 9:00 a.m. and 8:00 p.m. on Saturdays and Sundays. Construction Mitigation Measures CarMax will implement construction best management practices. including the following, to reduce construction noise: • Locate stationary construction equipment as far from adjacent occupied buildings as possible. • Select routes for movement of construction related vehicles and equipment so that noise sensitive areas, including outdoor recreation areas, are avoided as much as possible. • All construction equipment will meet Department of Motor Vehicle (DMV) noise standards and shall be equipped with muffling devices. • Prior to construction, the applicant will post on the site the allowable hours of construction activity. CarMax will implement the following mitigation measures during all construction phases to reduce impacts associated with construction dust to the extent feasible, as determined by the City Engineer. • Water all active construction areas up to twice daily. • Cover all trucks hauling soil, sand, and other loose materials to or from the Project Area • Pave, apply water up to three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. • Sweep streets (with water sweepers) if visible soil material is carried onto adjacent public streets. • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). • Enclose, cover, water up to twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). • Limit traffic speeds on unpaved roads to 15 mph. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Replant vegetation in distributed areas as quickly as possible. CarMax will develop and provide a construction access plan to be reviewed and approved by the City Engineer. This plan will include, at a minimum, the following construction traffic management strategies for each phase of development: • A set of comprehensive traffic control measures, including the scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs and flag persons if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. • Provisions for parking spaces for all construction workers for each phase of construction. • The location of construction staging areas for materials, equipment and vehicles. 2 CarMax-Renton, WA March 4, 2015 • The identification of haul routes for the movement of construction vehicles that would minimize impacts on vehicular traffic, circulation, and safety; and a provision for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul tracks can be identified and corrected. If you have any questions, or need additional information, please feel free to give me a call at (303) 679- 6978. Thank you, Amanda Steinle CC: Mike Creekmore, CarMax Auto Superstores, Inc. Bill Fortunado, Pacland 3 CENTERPOINT INTEGRATED SDLUTIONS April 7, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 1240 B•f9•" Pc,,kwc,y, Suite A-250 T 303.670.41 1 1 F 303,670.4172 Cente,Polnt-1•.com (~_..,. :,;' ', •.. - Subject: CarMax Auto Superstore -Renton, WA-Proposed Street Standards Modification · · Request for Modification The project is requesting a modification to RMC 4-6-060.F.2 in order to allow the existing frontage improvements along E. Valley Rd to remain. Requirement Per RMC 4-6-060.F.2, the City of Renton public street design standards state that an 8 foot sidewalk and 8 foot planter strip are required along collector arterial streets. Deviation The existing street frontage improvements along E. Valley Rd include a 6 foot sidewalk and 8 foot planter strip. The existing sidewalk width does not meet the 8' requirement in section RMC 4-6-060.F.2. Reason for Request The project proposes a modification to the street design standards in order to allow the existing frontage improvements to remain, rather than widening the existing sidewalk along E. Valley Rd by an additional 2 feet. Criteria Compliance The existing 6 foot sidewalk and planter strip are in good condition. Compliance with RMC 4-6-060.F.2 would require demolition of the existing sidewalk, providing a temporary interruption in the pedestrian route. The existing sidewalk and planter strip currently provide a safe pedestrian path and separation from traffic along E Valley Rd. and SW 41" St. as intended by the code. Additionally, in several areas the exceeds the minimum requirement of 8', providing greater separation between the existing sidewalk and vehicle traffic. The modification to allow the existing front improvements to remain will not be injurious nor create adverse impacts to other properties in the vicinity as a safe pedestrian path is existing along the project frontages. Allowing the existing frontage improvements to remain would still conform to the intent and purpose of the code and would avoid construction along the public right-of- way and disturbing the existing pedestrian path. 1 CENTERPOINT 1240 Bergen Parkway, Suite A-250 T 303.670 ... 111 INTEGRATED SOLUTIONS F 303.670 ... 172 CenterPoint-ls.com April 6, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 Subject: CarMax Auto Superstore -Renton, WA -Proposed Setback Modification Request for Modification The project is requesting a modification to RMC 4-2-120A in order to increase the maximum front yard setback in the Commercial Arterial (CA) zone. The project spans the CA and Industrial Medium (IM) zoning districts, with 69% of the site within the IM zone. Per RMC 4-20-130A the IM zone does not have a maximum front yard setback. Requirement Per RMC 4-2-120A, the maximum front yard setback for a building located within the (CA) zone is 15 feet. Per RMC 4-2-120(.15, the maximum setback may be modified through the site development plan review. Deviation Currently, the proposed sales building is approximately 230 feet west of the property line along E. Valley Rd., exceeding the maximum 15 foot front yard setback in the CA zone. Reason for Request The project would like to request this modification in order to increase the maximum front yard setback for this building within the CA zone. Based on site constraints, the proposed building cannot be set within this 15 foot setback distance. Criteria Compliance If granted this modification, the project would propose a wider and enhanced landscape buffer along E. Valley Road in order to meet the criteria listed in RMC 4-2-120C.15 for modification of the maximum setback requirement. The wider and enhanced landscape buffer would provide additional landscaping and screening so that the view of extensive parking would not be as visually dominant. It would also provide adequate separation between pedestrian traffic and parked cars on-site. 1 ! CENTERPOINT INTEGRATED SOLUTIONS April 7, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 1240 Bergen Parkway, Suite A-250 T 303.670.4111 F 303.670.4172 Cen-Point-la.com Subject: CarMax Auto Superstore -Renton, WA -Proposed Lighting Modification Request for Modification CarMax uses "shoebox" type lighting fixtures mounted on 25-foot tall light poles for visibility and security. Fixtures use a flat lens and are downcast to reduce light spill onto adjacent properties. Exterior lighting will be reduced after operating hours. However, RMC 4-6-060.1.3 states that lighting levels along non- intersection collector arterials shall not exceed 0.9 foot-candles. The project requests a modification to RMC 4-6-060.1.3 in order to increase the maximum average lighting levels allowed along the perimeter of the project boundary along E. Valley Rd. and a portion of SW 41" St. CarMax's light pole height and design is to ensure adequate light the vehicle display area and customer and employee parking lot for customer safety and security. Requirement Per RMC 4-6-060.1.3, the maximum average maintained illumination for a non-crosswalk section of a collector arterial road is 0.9 foot-candles. The maximum average maintained illumination for an intersection is 1.2 foot-candles Deviation Along E. Valley Rd and a portion of SW 41" St, the lighting plan shows that illumination levels range from 0.1 to 2.2 foot-candles with an average illumination of approximately 1.2 foot candles. The proposed photometric plan has been included as part of the Site Plan Review submittal and this modification request. Reason for Request CarMax's light design is to ensure adequate light is provided for the vehicle display area and customer and employee parking lot along E. Valley Mall Way and SW 41" Street. Color rendition and clarity are both essential to the car buying experience. In order to provide sufficient lighting for safety and security. CarMax uses "shoebox" type lighting fixtures mounted on 25-foot tall light poles for visibility and security. On the photometric plan, light levels are represented along the eastern property line which is 15 feet away from the E. Valley Rd. curb. All perimeter fixtures have full cut-off shields to reduce glare. The fixtures use a flat lens and are downcast to reduce light spill onto adjacent properties or public ROW. 1 CarMax-Renton, WA April 7, 2015 The exterior lighting will be reduced after operating hours at two different times, once when the store closes and reduced further when employees leave. The project is requesting this modification to increase the maximum lighting level allowed along the site boundaries on E Valley Rd. and SW 41" Street. Criteria Compliance The proposed lighting design for the project complies with the design criteria identified in RMC 4-9-250 D.2 as follows. The proposed development has made efforts to reduce glare and light spill into the adjacent ROW and meet the street lighting standards in RMC 4-6-060-1.3 via the use of downcast light fixtures and cut-off shields for light fixtures adjacent to the E Valley Rd. and sW 41" Street. However, as color rendition and clarity are both essential to the car buying experience CarMax is requesting a modification to exceed the maximum average illumination allowed by code during CarMax's business hours. CarMax stores are typically open to the public between 7:30 Am and 6:00 PM. Following business hours the site lighting will be dimmed, the lighting will be reduced further once employees leave. The LED light fixtures proposed for the project provide greater control of the illumination levels and dimming capabilities as well as reduces the overall energy use of the site lighting. The increase in average illumination from 0.9 foot-candles to 1.2 foot-candles during business hours will not be injurious to other property(ies) and may even provide added security and visibility for pedestrians on the public sidewalks. The proposed project is bordered by commercial and industrial uses and doesn't share a boundary with any residential properties. 2 CENTERPOINT INTEGRATED SOLUTIONS April 7, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 1240 Berge11 Parkway, Suite A-250 T 303.670.4111 F 303.670.4172 Ce11terPolnt-ls.com 1\ :: ;:, r,I I\ <.. r--r~ V t"·, ''-'···'' Subject: CarMax Auto Superstore -Renton, WA -Proposed Sign Standards Modification Request for Modification The project is requesting a modification to RMC 4-4-100.G.6 to allow a proposed pylon along E. Valley Rd., at the main customer entrance, to exceed allowed sign height. Requirement Per RMC 4-4-100.G.6 the maximum allowed sign height in the CA zone and Design District Dis 5 feet. Deviation The project is proposing a pylon sign on E. Valley Rd. with a maximum height of 40 feet, this height exceeds the maximum height allowed within the CA zone and Design District D. A signage package including the proposed pylon sign on E. Valley Rd. and other signs proposed as part of this project has been included as part of the site Plan review and this modification request. Reason for Request A variance on the maximum sign height is requested as the taller sign will provide improved visibility for the project from Highway 167. The proposed sign on E Valley Rd is a 40 foot tall lighted pylon sign with 300 square feet of sign face (150 square feet per face). A photo survey was included as page 5 of the provided signage package. Photos 1, 2, 5, and 6 are images of the proposed pylon sign from multiple angles. These photos display how the proposed signage would be viewed within the existing skyline, including existing buildings and signage of adjacent businesses. Criteria Compliance The project has proposed a sign at the corner of E. Valley Rd. and SW 41" street meeting the signage height and design requirements of the RMC 4-4-100.G.6. This sign provide signage at a scale that is applicable to pedestrians or vehicles on the adjacent roadways as intended by the Renton Municipal 1 CarMax -Renton, WA April 7, 2015 Code. The proposed sign on E Valley Rd is a 40 foot tall lighted pylon sign with 300 square feet of sign face (150 square feet per face) and is intended to reach potential customers accessing the site via Highway 167, located east of the project, as the signage of adjacent properties and vehicle sales businesses do. The proposed design of the pylon sign, except for the height, and the proposed monument sign at the corner of is intended to meet the signage design required by RMC 4-4-100.G.6 within Urban Design District D and the Commercial Arterial zone. The project has proposed unique and exceptional architectural features and an enhanced 15' landscape buffer on E. Valley Rd., 5' wider than the minimum required landscape buffer, to provide additional interest and detail for vehicles and pedestrians accessing the site t from the adjacent local streets. This modification will not be injurious nor create adverse impacts to other properties in the vicinity, as adjacent uses are commercial and zoned industrial medium. Vehicle sales businesses north of the property already have signs that appear to meet the maximum sign height allowance for the Industrial Medium districts (40 feet). Allowing a 40 ft. tall sign for the proposed project will not provide the project with an unfair advantage in comparison to the similar businesses near the project. In photo 2, located on page X of the provided signage package, you can see how the sign would have a similar scale as the existing pylon sign located at the NW corner of the site. 2 Carmax Store No. 7252 Landscape & Parking Analysis Total Acreage of Lot: Gross Lot Square Footage: Proposed Impervious Surface: Proposed Undeveloped Area: Area of Proposed Pavement: Total Area of Proposed Landscaping: Total Acrea e of Lot: Gross Lot Square Foota e: Building Square Footage: % Building Cover: Total Impervious Area: Detailed Parkina Analvsis -PROPOSED Min. Parking Ratio for Vehicle Sales (13,135 sf) Max. Parking Ratio for Vehicle Sales (13,135 sf) Min. Parking Ratio for Vehicle Service (7,086 sf) Max. Parkino Ratio for Vehicle Service(?,086 sf) Total Parking Stalls Required: Total Parking Stalls Permitted: Total Parking Stalls Provided: Compact Stalls Permitted (40%): Compact Stalls Provided: ADA Stalls Required: ADA Stalls Provided: Parking Stall Counts are Compliant: 12.28 ac 535,094 sf 422,637 sf O sf 20,221 sf 68,447 sf 3.78% 402,416 sf 44,010 sf 12.28 ac 535,094 sf 74,000 sf 13.91% 68,447 sf 58,696 sf 333,951 sf 407,951 1 per 5000 sf 1 per 5000 sf 4 per 1000 sf 4 per 1000 sf 31 31 244 97 11 7 7 Yes* *Per RMC 4-4-080.F.1 O.c, modifications to the maximum number of parking stalls beyond 25% may be granted as a modification per the criteria and process of RMC 4- 9-250.D.2. Standard Parking Stall Dimensions: 9'x20' Compact Parking Stall Dimensions: 9'x16' ADA Accessible Stall Dimensions: 9'x20' • Total Lot Landscaping Interior Parking Lot Landscaping Perimeter Landscaping Detailed Parkinn Analvsis -EXISTING Max. Parking Ratio for Existing Movie Theater (74,000 sf) Min. Parking Ratio for Existina Movie Theater (74,000 sf) Total Parkina Stalls Permitted: Total Parking Stalls Provided: ADA Stalls Required: ADA Stalls Provided: Standard Parking Stall Dimensions: ADA Accessible Stall Dimensions: Total Lot Landsca in Interior Parking Lot Landscaping Perimeter Landscapin 44,010 sf 14,344 sf 29,666 sf 10 oer 1,000 sf 10 per 1,000 sf 740 841 17 18 9'x20' 9'x20' 58,696 sf 29,758 sf 28,938 sf I WL B 2,621 Sq. Ft on s~ s-:. : :: _-_-' ' l I I • I .I ~ 13 z --- :, lil "' UJ I I, tt i : I ·.. => ~ -.-\ ca =~=. -i .--~ ;----l __ : ~ I ~ z -z -~ -: - I WL A 5, 140 Sq. Ft on site I I I I 4- 1 I ' l __ : ae:a·e -ec I ~ e":~,:, ~t- -------.----~----J I I I <fl I I e"< I I I I I I ~ 13 z :, 0 a, "' UJ u. u. :, a, Q ~ UJ ~ I -c= I I I I -·.f--------··----··--,I----' I .. _:._ ,.: .. _:._ ---L----------------• I I ; WETLAND BUFFER BOUNDARY I -- ! ' ' ---T ----! __ ) I ! I \ ' I - . - j(~ 1 ~~E~I,~~ro9,11~T ': '.i-> '.! !' . ! t ,\:it -'),'·,)i·i' April 6, 2015 City of Renton 1055 S. Grady Way Renton, WA 98057 Subject: CarMax Auto Superstore -Renton, WA-Site Details Ornamental Fence 1 1240 Bergen Parkway, Suite A-250 T 303.670.4111 F 303.670.4172 Ce11terPolnt-ls.com . ' i CarMax -Renton, WA April 6, 2015 Guard Rail ... 2 City of Renton TREE RETENTION WORKSHEET 1. Total number of trees over 6'' in diameter1 on project site: 1. trees -------80 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 -~s~_trees Trees in proposed public streets O trees Trees in proposed private access easements/tracts o trees Trees in critical areas3 and buffers 1 o trees Total number of excluded trees: 3. Subtract line 2 from line 1: 2. 3. ___ 1_5 ___ trees 65 trees ------- 4. Next, to determine the number of trees that must be retained 4 , multiply line 3 by: 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. 7 trees 5. List the number of 6" or larger trees that you are proposing 5 to retain 4 : 5. 33 6. Subtract line 5from line 4 for trees to be replaced: 6. -------0 (If line 6 is less than zero, stop here. No replacement trees are required). 7. Multiply line 6by 12" for number of required replacement inches: 7. 0 ------- 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. ------- 9. Divide line 7by line 8 for number of replacement trees 6 : (if remainder is .5 or greater, round up to the next whole number) 9. 0 ------- 1. Measured at chest height. trees trees inches inches per tree trees 2-Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3· Critical Areas. such as wetlands, streams, floodplains and protected slopes, are defined in Section 4-3-050 of the Renton Municipal Code (AMC). 4· Count only those trees to be retained outside of critical areas and buffers. 5· The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per RMC 4-4-130H7a 6· Inches of street trees, inches of trees added to critical areas/buffers. and inches of trees retained on site that are less than 6" but are greater than 2~ can be used to meet the tree replacement requirement. H: \CED\Data\Furms-Templ;1tc:s\S elf" He !p H andou ts\Plann in g\T ree Retention \V ork \heel .dnc ' WASHINGTON FORESTRY CONSULTANTS, INC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS w F C I 360/943-1723 FAX 360/943-4128 1919 Yelm Hwy SE, Suite C Olympia, WA 98501 -Tree Protection Plan- CARMAX STORE #7252 3751 East Valley Road Renton, WA Prepared for: Cannax Prepared by: Washington Forestry Consultants, Inc. Date: April 23, 2015 Introduction The project proponent is planning to convert an existing cinema into a new Cannax location on 12.28 acres at 375 l E Valley Road in Renton, WA. The proponent has retained WFCI to: • Evaluate and inventory all trees on the site pursuant to the requirements of the City of Renton Tree Protection Ordinance. • Make recommendations for retention of significant trees, along with required protection and cultural measures. Observations Methodology In accordance with Renton Municipal Code 4-4-130, WFCI has evaluated all significant trees on site. This includes cottonwood and red alder trees 8 inches diameter at breast height (DBH) and larger, and all other trees 6 inches DBH and larger, and assessed their potential to be incorporated into the new project. Additionally, all landscape trees that appeared to have been planted within the past ten years were tallied. Trees within the wetland/wooded area were numbered at their base with blue paint. All other trees were not marked. The tree evaluation phase used methodology developed by Nelda Matheny and Dr. James Clark in their 1998 publication Trees and Development: A Technical Guide to Preservation of Trees During Land Development. ; ,· URBAN/RURAL FORESTRY • TREE APPRAISAL • HAZARD TREE ANALYSIS RIGHT-OF-WAYS• VEGETATION MANAGEMENT• ENVIRONMENTAL STUDIES• CONTRACT FORESTERS Member of International Society of Arboricufture and Society of American Foresters I , ' '.] Page 2 -Carmax Renton, Store Number 7252 --Tree Protection Plan Site Description The site has an existing movie theatre, with associated parking lot surrounding the building. There is a wooded/wetland area behind the theatre mostly stocked with black cottonwood trees. Being previously developed, there are many planted landscape trees on site. Overall, tree quality is poor to good. The trees on site range between approximately 5 and 30 years old. The site is relatively flat, with the exception of the wetland area that has depressions with standing water. Soil Description According to the USDA Web Soil Survey there are two soil types on this parcel (see soils map below). One is the Snohomish silt loam (So), a deep, poorly drained soil. It is formed in flood plains, with an alluvium parent material. The available water capacity for plants is high. The water table occurs at a depth of over 80 inches. The potential for wind throw of trees is moderate under normal conditions. The other soil type on site is the Tukwila muck (Tu), very deep, very poorly drained soil. It is formed in flood plains, with herbaceous organic parent material. Ponding is frequent, and permeability is moderate. The available water capacity for plants is very high. The water table occurs at a depth of over 80 inches. The potential for windthrow of trees is moderate because of the high water table. Washington Forestry Consultants, Inc 2 Page 3 -Carmax Renton, ore Number 7252 --Tree Protection Tree Conditions The project area consists of two forest cover types, a wooded/wetland area and the landscaped (parking lot) area. An inventory of the trees was conducted to determine the composition and health of the forest. Type I. --The majority of the trees in this type are black cottonwood (Populus trichocarpa). There is also one quaking aspen (Populus tremuloides), one Scouler's willow (Salix scouleriana) over 6 inches DBH, and one Oregon white ash (Fraxinus latifolia). Twenty-six of the trees numbered in this area fall within the mapped wetland and buffer shown on the site plan. These 26 trees are not included as significant trees for tree retention calculations. There were also four (4) cottonwood trees less than 8 inches DBH that were numbered by WFCL These also do not count as significant trees according to the Renton Municipal Code. Therefore, a total of 21 significant trees exist in this type, ranging in diameter from 8 to 20 inches DBH. Twenty (20) of the trees were classified as sound, healthy, long-term trees in the dominant and co-dominant crown class. The other tree is not a long-term tree due to a structural defect (hazardous). However, this tree could be saved as long as no buildings or parking spaces are placed within reach. Table I. Summarv of Significant Trees in Tvoe I. #of Trees in Species DBH Total# of # of Healthy Poor Composition of Soecies Ran11e (in.) Trees Trees Health* Stand Black 8-20 21 20 l 100% Cottonwood *Dead, diseased, or hazardous. Type II. -There are 178 planted landscape trees in this type. Based on their size, 125 of these appear to have been planted within the last ten years. The Renton Municipal Code states that any tree planted within the last ten years qualifies as a significant tree. However, upon searching back at historical aerial photos on Google Earth® it appears that these trees existed as far back as 2002, thus do not fall within the above stated rule. Of the other 53 surveyed trees, forty-nine ( 49) meet the minimum 6 inch DBH significant tree definition (for all trees other than black cottonwood and red alder). The other 4 trees are smaller than 6 inches DBH. Of the 49 significant trees, four ( 4) are not long-term trees due to structural defects or poor health (diseased, dying, or hazardous). The species in this type include Callery pear (Pyrus calleryana), a honey locust cultivar (Gleditsia triacanthos), western red cedar (Thuja plicata), arborvitae (Thuja spp.), Deodar cedar (Cedrus deodara), Japanese maple cultivars (Acer palmatum), red maple cultivars (Acer rubrum), and red alder (Alnus rubra). Washington Forestry Consultants, Inc. 3 Page 4 -Cannax Renton, SL._ Number 7252 --Tree Protection Plan T bl 2 S a e ummaryo f6" T . T + rees m ype II # of #of Trees in Species DBH Total# of Healthy Poor Health* Composition of Species Ranl!.e (in.) Trees Trees Stand Callerv Pear 6-11 20 18 2 41% Red Maple 6-12 25 25 0 51% Red Alder 9 2 0 2 4% Honeylocust 6 I I 0 2% Deodar Cedar 14 I I 0 2% 6-14 49 45 4 100% *Dead, diseased, or hazardous. T bl 3 S a e ummarvo f All 0th L d er an scape T rees *. T m .voe II DBH Total# Species Composition Species Ranl!e (in.) of Trees Health Ranl!e of Stand Callerv Pear 2-5 49 Poor-Good 39% Honeylocust 1/2-4 46 Poor-Good 37% Japanese Maple 2-3 15 Fair-Good 12% Arborvitae 2-5 9 Good 7% Red Maple 2-5 6 Fair-Good 5% 1/2-5 125 Poor-Good 100% *Historical photos shows these trees to be more than IO years old, thus are not considered significant trees. Off-Site Impacts Tree removal on this parcel will not impact trees on any surrounding parcels. Discussion Potential for Tree Retention All twenty-one (21) of the significant trees in Type I are available for retention. Forty-five (45) trees are available for retention in Type II when only trees health is taken into consideration. However, from the site plan provided, it appears that all of the landscape trees surrounding the existing building, as well as the red maple trees along East Valley Road and the trees in the main parking lot area are planned for removal. This amounts to 41 significant trees over 6 inches DBH. The proposed 'save' trees are illustrated on the aerial photo in Attachment #1. A detailed list of all trees ( over 6 inches DBH) by species, DBH, crown position, condition, root protection zone (RPZ), save/remove potential, and retention availability is provided in Attachment #2. Washington Forestry Consultants, Inc. 4 Page 5 -Carmax Renton, ore Number 7252 --Tree Protection Tree Density Calculations Title 4-4-130 of the Renton Municipal Code requires that a minimum of I 0% of all healthy significant trees in buildable areas be retained on the project in an 'industrial' zone. The following is a summary of the required and planned tree retention: Total Project Area Critical Areas and Buffers Buildable Area Total Number of Significant Trees on Site based on Diameter Trees Excluded from Retention Calculation: Trees that are Dead Diseased or Dangerous Trees in Critical Areas and Buffers Number of Healthy, Significant Trees in Buildable Area: Required Tree Retention: 10% of healthy significant trees in buildable area: Planned Tree Retention Excess of Retention over the Minimum Requirement 12.28 acres -0.57 acres 11.81 acres 80 trees 5 trees (10) trees 65 trees 7 trees 33 trees 26 trees There are 80 healthy significant trees in the buildable area of the site. At least 7 (fractions of0.5 or higher round up to nearest whole tree) of these trees need to be retained to meet the I 0% requirement of the City of Renton Code. The proposed plan retains 33 trees outside of the critical areas and buffers, which exceeds the minimum retention requirement. This does not include any trees less than 6 inches DBH that maybe be saved as well. No tree replacement will be required. The landscape plan (prepared by others) should incorporate native conifer trees along with deciduous accent and shade trees to provide a mix of color, texture, and size. Washington Forestry Consultants, Inc. 5 Page 6 -Carmax Renton, St 'If umber 7252 --Tree Protection Plan Recommendations Tree Protection Measures Trees to be saved must be protected during construction by a six foot high chain link fencing (Attachment #7), located at the edge of the critical root zone (CRZ). Placards shall be placed on the fencing every 50 feet indicating the words, "NO TRESPASSING -Protected Trees". The individual CRZ are a radius of one foot for each one inch of DBH (6 feet minimum), unless otherwise delineated by WFCI (see Attachment #2). Tree protection fences should be placed around the edge of the critical root zone (CRZ). The fence should be erected after logging but prior to the start of clearing. The fences should be maintained until the start of the landscape installation. There should be no equipment activity (including rototilling) within the critical root zone. No irrigation lines, trenches, or other utilities should be installed within the CRZ. Cuts or fills should impact no more than 20% of a tree's root system. If topsoil is added to the root zone of a protected tree, the depth should not exceed 2 inches of a sandy loam or loamy fine sand topsoil and should not cover more than 20% of the root system. If roots are encountered outside the CRZ during construction, they should be cut cleanly with a saw and covered immediately with moist soil. Noxious vegetation within the critical root zone should be removed by hand. If a proposed save-tree must be impacted by grading or fills, then the tree should be re-evaluated by WFCI to determine if the tree can be saved with mitigating measures, or if the tree should be removed. Pruning and Thinning All individual trees to be saved near or within developed areas should have their crowns raised to provide a minimum of 8 feet of ground clearance over sidewalks and landscape areas, 15 feet over parking lots or streets, and at least 10 feet of building clearance. All pruning should be done according to the ANSI A300 standards for groper pruning, and be completed by an International Society of Arboriculture Certified Arborist , or be supervised by a Certified Arborist®. Conclusions and Timeline for Activity I. 33 trees are proposed to be retained on the site in the buildable area. 2. The final, approved tree protection plan map should be included in the construction drawings for bid and construction of the project and should be labeled as such. 3. Contact WFCI to attend pre-job conference and discuss tree protection issues with contractors. WFCI can verify all trees to be saved and/or removed are adequately marked for retention. 4. Complete necessary hazard tree removals and invasive plant removals from the tree protection areas. No equipment should enter the tree protection areas during logging. Washington Forestry Consultants, Inc. 6 Page 7 -Carmax Renton, Store Number 7252 --Tree Protection Plan 5. Install tree protection fences along the 'limits of construction'. The fences should be located at the limits of construction or 5 feet outside of the drip line of the save tree or as otherwise specified by WFCI. Maintain fences throughout construction. 6. Complete clearing of the project. 7. Do not excavate stumps within 10' of trees to be saved. These should be individually evaluated by WFCI to determine the method ofremoval. 8. Complete all necessary pruning on save trees or stand edges to provide at least 8' of ground clearance near sidewalks and trails, and 15' above all driveways or access roads. 9. Complete grading and construction of the project. Summary The City of Renton Municipal Code requires 7 of the 65 significant trees be retained on the buildable area of the site. This plan retains 33 trees, which meets the minimum tree retention requirement. Please give me a call if you have further questions. Respectfully submitted, Washington Forestry Consultants, Inc. j!jo/1_Yh. U~ Galen M. Wright, ASCA, ACF !SA Board Certified Master Arborist PN-0129 BU Certified Forester No. 44 !SA Tree Risk Assessor attachments Washington Forestry Consultants, Inc. 7 Page 8 -Cannax Rento: Jre Number 7252 --Tree Protection Attachment #1: Aerial Photo of Carmax Site with Forest Cover Types (King County Parcel Viewer 2.0) ------~ Approximate Site Boundary Approximate Wetland Boundary A I I I I I I A Wooded Area Save Trees Boundarv (!) Landscape Area Planned Save Tre;s \: Landscape Area Planned Removals if'u.shington F arestJy Consultants. Inc. 8 Tree # I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27* 28 Page 9 -Carmax Renton, Store Number 7252 --Tree Protection Plan Attachment #2: Inventory list of project area trees A detailed list of all trees by species, DBH, crown position, condition, root protection zone (RPZ), tree health status, and save/remove potential: Tree Condi- Critical Significant tion-Site Plan Location DBH Root according Potential Savel Species Area (in) Crown Class Condition Zone (ft) to size? to save? Remove Cottonwood wetland 13 Co-Dominant Dead No No Save Quaking Asoen wetland 6 Dominant Fair 6 Yes Yes Save OR White Ash wetland 6 Dominant Fair 6 Yes Yes Save Cottonwood wetland 12 Co-Dominant Good 12 Yes Yes Save Cottonwood wetland 7 Co-Dominant Fair 7 No Yes Save Cottonwood wetland 9 Co-Dominant Fair 9 Yes Yes Save Cottonwood wetland 6 Intermediate Fair 6 No Yes Save Cottonwood wetland 6 Intermediate Fair 6 No Yes Save Cottonwood wetland 8,8 Co-Dominant Fair 8 Yes Yes Save Scouler's Willow wetland 7 Dominant Verv-Poor 7 No No Save Cottonwood wetland 9 Co-Dominant Fair 9 Yes Yes Save Cottonwood wooded 12 Co-Dominant Fair 12 Yes Yes Save Cottonwood wetland 13 Dominant Good 13 Yes Yes Save Cottonwood wetland 8 Co-Dominant Poor 8 No No Save Cottonwood wetland 7 Co-Dominant Verv-Poor 7 No No Save Cottonwood wetland 6 Co-Dominant Fair 6 No Yes Save Cottonwood wetland 6 Co-Dominant Poor 6 No No Save Cottonwood wetland 4 Co-Dominant Verv-Poor 5 No No Save Cottonwood wetland 7 Dominant Fair 7 No Yes Save Cottonwood wetland 7 Co-Dominant Good 7 No Yes Save Cottonwood wetland 10 Co-Dominant Fair 10 Yes Yes Save Cottonwood wetland 8,9 Co-Dominant Poor 9 No No Save Cottonwood wetland 8 Co-Dominant Good 8 Yes Yes Save Cottonwood wetland 7 Intermediate Fair 7 No Yes Save Cottonwood wetland 7 Co-Dominant Fair 7 No Yes Save Cottonwood wooded 11 Co-Dominant Fair 12 Yes Yes Save Cottonwood wooded 16 Dominant Good 16 Yes Yes Save Cottonwood wooded 9 Co-Dominant Good 10 Yes Yes Save Washington Forestry Consultants, Inc. Notes water's ede:e water's edge water's edge shares trunk with #26 Dying Mostlv dead Not significant; main stem dead/rotten in water at edge Crown half dead in water at edge shares trunk w/#12 Surrounded bv water 9 Page IO -Carmax Rento tore Number 7252 --Tree Protection _ n Tree Condi- Critical Significant tion-Site Plan Tree Location DBH Root according Potential Save/ # Soecies Area (in) Crown Class Condition Zone (ft) to size? to save? Remove Notes 29 Cottonwood wooded 9 Co-Dominant Fair IO Yes Yes Save 30 Cottonwood wooded 10 Co-Dominant Fair IO Yes Yes Save 31 Cottonwood wooded 8 Co-Dominant Good 10 Yes Yes Save 32 Cottonwood wooded 11 Co-Dominant Good 10 Yes Yes Save water 1s 33 Cottonwood wooded 11 Co-Dominant Fair IO Yes Yes Save edge/leaning 34 Cottonwood wooded 20 Dominant Fair 20 Yes Yes Save solit at 6' 35 Cottonwood wooded 7 Co-Dominant Fair 7 No Yes Save thin looking 36 Cottonwood wooded 17 Co-Dominant Fair 20 Yes Yes Save crown 37 Cottonwood wooded 14 Co-Dominant Good 15 Yes Yes Save 38 Cottonwood wooded 14 Co-Dominant Good 15 Yes Yes Save Sweep; no 39 Cottonwood wooded 14 Co-Dominant Poor 14 Yes Yes Save targets; 40 Cottonwood wooded 8 Co-Dominant Fair IO Yes Yes Save 41 Cottonwood wooded 13 Dominant Fair 13 Yes Yes Save water's edge 42 Cottonwood wooded 8,8 Intermediate Fair 8 Yes Yes Save 43 Cottonwood wooded 12, 14 Co-Dominant Fair 15 Yes Yes Save 44 Cottonwood wooded 6,16 Co-Dominant Fair 16 Yes Yes Save 45* Red Maple landscape 3 Dominant Fair 5 No Yes Save 46* Honeylocust landscape 6 Co-Dominant Fair 8 Yes Yes Remove 47* Callerv Pear landscape 10 Dominant Good IO Yes Yes Remove 48* Callerv Pear landscape 9 Dominant Fair 9 Yes Yes Remove many 49* Red Maple landscape 7 Dominant Fair 15 Yes Yes Save surface roots 50* Red Maple landscape 8 Dominant Good 15 Yes Yes Save 51* Red Maple landscape 8 Dominant Fair 15 Yes Yes Save 52* Cedar landsca-rn>: 4,4 Dominant Good 10 No Yes Save 53* Callerv Pear landscaoe 9 Co-Dominant Good 10 Yes Yes Remove 54* Callerv Pear landscape 9 Co-Dominant Good IO Yes Yes Remove 55* Callerv Pear landscape 9 Co-Dominant Good IO Yes Yes Remove 56* Red Maple landscape 8 Dominant Fair 10 Yes Yes Save 57* Red Maple landscape 8 Dominant Fair 10 Yes Yes Save 58* Cedar landscape 5 Dominant Good 10 No Yes Save Deodar Very- 59* Cedar landscape 14 Dominant Good 15 Yes Yes Save 60* Red Maple landscape 7 Dominant Fair 10 Yes Yes Save 61* Red Maple landscape 8 Dominant Fair IO Yes Yes Save 62* Red Maple landscape 6 Dominant Fair 10 Yes Yes Save 63* Red Maple landscape 12 Dominant Fair 15 Yes Yes Remove 64* Red Maple landscape 9 Dominant Fair 12 Yes Yes Remove 65* Red Maple landscape 7 Dominant Fair 10 Yes Yes Remove Washington Forestry Consultants, Inc. 10 Page 11 -Carrnax Renton, ~ e Number 7252 --Tree Protection Ph Tree Condi- Critical Significant tion-Site Plan Tree Location DBH Root according Potential Save/ # Snecies Area (in\ Crown Class Condition Zonelftl to size? to save? Remove Notes 66* Red Manie landscane IO Dominant Fair 12 Yes Yes Remove 67* Red Manie landscane 8 Dominant Fair IO Yes Yes Remove 68* Red Manie landscane 9 Dominant Good 12 Yes Yes Remove 69* Red Manie landscane 10 Dominant Fair 12 Yes Yes Remove 70* Callerv Pear landscane 6 Dominant Fair 10 Yes Yes Remove 71* Red Manie landscane IO Dominant Fair 12 Yes Yes Remove 72* Red Manie landscane 10 Dominant Fair 12 Yes Yes Remove 73* Red Manie landscane 11 Dominant Fair 12 Yes Yes Remove 74* Red Alder landscane 3,7 Dominant Poor 10 Yes No Remove 75* Callerv Pear landscane 10 Co-Dominant Fair 10 Yes Yes Remove 76* Callerv Pear landscane 7 Co-Dominant Fair 10 Yes Yes Remove 77* Callerv Pear landscane 9 Co-Dominant Fair 10 Yes Yes Remove 78* Callerv Pear landscane 7 Dominant Good 12 Yes Yes Remove 79* Red Manie landscane 10 Dominant Good 12 Yes Yes Remove Thinning 80* Callerv Pear landscane 7 Dominant Poor 12 Yes No Remove crown 81* Callerv Pear landscane 7 Co-Dominant Fair 10 Yes Yes Remove 82* Callerv Pear landscane 7 Co-Dominant Fair lO Yes Yes Remove 83* Red Manie landscane 9 Dominant Fair lO Yes Yes Remove 84* Red Manie landscane 9 Dominant Fair 10 Yes Yes Remove 85* Red Alder landscane 9 Dominant Poor 10 Yes No Remove 86* Red Manie landscane 9 Dominant Fair 10 Yes Yes Remove 87* Red Manie landscane lO Dominant Good 15 Yes Yes Remove 88* Red Manie landscane 8 Dominant Fair 10 Yes Yes Remove 89* Callen, Pear landsca= 7 Dominant Fair 12 Yes Yes Remove 90* Callen, Pear landscane 10 Dominant Good 12 Yes Yes Remove 91* Callen, Pear landscane 10 Dominant Fair 12 Yes Yes Remove 92* Callen, Pear landscane 11 Dominant Fair 12 Yes Yes Remove 93* Callerv Pear landscane 8 Co-Dominant Fair 8 Yes Yes Remove 94* Callerv Pear landscane 7 Co-Dominant Fair 8 Yes Yes Remove 95* Callerv Pear landscane 5 Dominant Poor lO No No Remove 96* Red Manie landscaoe 9 Dominant Good 10 Yes Yes Remove XI Cottonwood wooded 8,4 Co-Dominant Fair 8 Yes Yes Save Water's edge X2 Cottonwood wooded 6 Co-Dominant Dead No No Save In Water X3 Cottonwood wetland 9 Dominant Fair IO Yes Yes Save X4 Cottonwood wetland 6 Co-Dominant Fair 6 No Yes Save XS Cottonwood wooded 6 Co-Dominant Fair 6 No Yes Save X6 Cottonwood wooded 9 Co-Dominant Fair 10 Yes Yes Save X7 Cottonwood wooded 7 Intermediate Fair 7 No Yes Save XS* Callerv Pear landscane 6 Co-Dominant Poor lO Yes No Remove * Not painted Washington Forestry Consultants, Inc. II Page 12 -Carmax Rento . tore Number 7252 --Tree Protection n Attachment #3: Individual Tree Rating Key for Tree Condition RATING SYMBOL DEFINITION Very Good VG • Balanced crown that is characteristic of the species • Nonna! lateral and tenninal branch growth rates for the species and soil type • Stem sound, nonnal bark vigor • No root problems • No insect or disease problems • Long-term, attractive tree Good G • Crown lacking symmetry but nearly balanced • Nonna! lateral and tenninal branch growth rates for the species and soil type • Minor twig dieback 0.K. • Stem sound, nonnal bark vigor • No root problems • No or minor insect or disease problems -insignificant • Long-tenn tree Fair F • Crown lacking symmetry due to branch loss • Slow lateral and tenninal branch growth rates for the species and soil type • Minor and major twig dieback -starting to decline • Stem partly unsound, slow diameter growth and low bark vigor • Minor root problems • Minor insect or disease problems • Short-tenn tree I 0-30 years Poor p • Major branch loss -unsymmetrical crown • Greatly reduced growth • Several structurally import dead or branch scaffold branches • Stem has bark loss and significant decay with poor bark vigor • Root damage • Insect or disease problems -remedy required • Short-tenn tree 1-10 vears Very Poor VP • Lacking adequate live crown for survival and growth • Severe decline • Minor and major twig dieback • Stem unsound, bark sloughing, previous stem or large branch failures, very poor bark vigor • Severe root problems or disease • No or minor insect or disease problems • Mortalitv expected within the next few vears Dead DEAD • Dead Washington Forestry Consultants, Inc. 12 Page 13 -Carmax Renton, ~ __ e Number 7252 --Tree Protection Ph Cultural Care Needs: ABBRV. ACTIVITY DESCRIPTION cc Crown Pruning of dead, dying, diseased, damaged, or defective branches over 112 inch in Cleaninl! diameter -includes removal of dead tops CT Crown Pruning of branches described in crown cleaning, plus thinning ofup to 20% of the Thinning live branches over Y, inch diameter. Branch should be 1/3 to Y, the diameter of the lateral branch. Thinning should be well distributed throughout crown of tree, and should release healthv, long-term branches. RC Crown Reduction of the crown of a tree by pruning to lateral branches. Generally used to Reduction remove declining branches or to lighten end weight on long branches. CR Crown Pruning of lower branches to remove deadwood or to provide ground or building Raisin!! clearances. RMV Remove Remove tree due to decline or hazardous conditions that cannot be mitigated by pruning. RS Remove Remove basal sprouts from stem of tree. Sorouts Ren Reolace Tree is small -is in decline or dead. Replace with suitable tree species. HT Hazard Tree Tree is hazardous and cannot be mitigated by pruning. Recommendation is to remove tree. None No Work No work necessary at this time. Washington Forestry Consultants, Inc. 13 Page 14 -Carrnax Rento tore Number 7252 --Tree Protection __ ._n Attachment #4: Description of Tree Evaluation Methodology The evaluation of the tree condition on this site included the visual assessment of: I. Live-crown ratio, 2. Lateral and terminal branch growth rates, 3. Presence of dieback in minor and major scaffold branches and twigs, 4. Foliage color, 5. Stem soundness and other structural defects, 6. Visual root collar examination, 7. Presence of insect or disease problems. 8. Windfirmness if tree removal will expose this tree to failure. In cases where signs of internal defect or disease were suspected, a core sample was taken to look for stain, decay, and diameter growth rates. Also, root collars were exposed to look for the presence of root disease. In all cases, the overall appearance of the tree was considered relative to its ability to add value to either an individual lot or the entire subdivision. Also, the scale of the tree and its proximity to both proposed and existing houses was considered. Lastly, the potential for incorporation into the project design is evaluated, as well as potential site plan modifications that may allow otherwise removed tree( s) to be both saved and protected in the development. Trees that are preserved in a development must be carefully selected to make sure that they can survive construction impacts, adapt to a new environment, and perform well in the landscape. Healthy, vigorous trees are better able to tolerate impacts such as root injury, changes in soils moisture regimes, and soil compaction than are low vigor trees. Structural characteristics are also important in assessing suitability. Trees with significant decay and other structural defects that cannot be treated are likely to fail. Such trees should not be preserved in areas where damage to people or property could occur. Trees that have developed in a forest stand are adapted to the close, dense conditions found in such stands. When surrounding trees are removed during clearing and grading, the remaining trees are exposed to extremes in wind, temperature, solar radiation, which causes sunscald, and other influences. Young, vigorous trees with well-developed crowns are best able to adapt to these changing site conditions. Washington Forestry Consultants, Inc. 14 Page 15 -Carmax Renton, ~. e Number 7252 --Tree Protection Pia Attachment #5: Glossary of Forestry and Arboricultural Terminology DBH: Diameter at Breast Height (measured 4.5 ft. above the ground line on the high side of the tree). Caliper: In the City of Renton -Caliper is referring to diameter measurement at DBH. Live Crown Ratio: Ratio oflive foliage on the stem of the tree. Example: A I 00' tall tree with 40 feet of live crown would have a 40% live crown ratio. Conifers with less than 30% live crown ratio are generally not considered to be long-term trees in forestry. Crown: Portion of a trees stem covered by live foliage. Crown Position: Position of the crown with respect to other trees in the stand. Dominant Crown Position: Receives light from above and from the sides. Codominant Crown Position: Receives light from above and some from the sides. Intermediate Crown Position: Receives little light from above and none from the sides. Trees tend to be slender with poor live crown ratios. Suppressed Crown Position: Receives no light from above and none from the sides. Trees tend to be slender with poor live crown ratios. Washington Forestry Consultants, Inc. 15 Page 16 Carmax Rento tore Number 7252 --Tree Protection dn Attachment #6: Tree Protection Fence Detail AHCHCR POSTS SHCl.llD SE MINI.MUM tr TAU. 'T-9AA' FENCE POSTS AHO-tM POSTS MUST BE INST~ TO A DEPTH rY' NO 1.£SS n-lAN 1/3 OF THE TOTAL HDQtT CF POST. Temporary Chain Link on Driven Posts TM[ TRE!: PROTECTION FENct SHOULC BE lo4AiNTAINCD TtiROUGHOUT THE COkSTRUCTION 4ND GRADING, N«> NOT TO BE REM0\€0 UN1U. F1NAL lAHDSCAPtNC-(S IN PROGRESS. AT NO TDilE SHAU.. EOUJPMOH ENTU! INTO THE ROOT PROTECTION ZCWE (RP!). M..L BftUSH Cl.DNUP 'MlHJN TH£ RPZ SHOULD BE CCMPl.£TED BY HANO TO F'REYUIT OISltJR!IANCE C1F NA~ ~OUNO COVERS NO CUTS ~ Ftl.LS, UTlUTY T'RENCHJNG, t.t001F1CA TT OHS TO ORAlNACE.. OR CONCRElE RIS£ WATER SHOULD JMPACT THE RPZ. NO WIRES. C.taLS. "' OlHER OEVlCES SHOULD BE A ITAOIEI TO PROTCCltC TREES DUfUNG CONSllruCnON. IF' lWPACTS MUST OCCUR wrrHIN T1-t£ R'PZ. CCWTACT 'Af"CI PRIOR TO THE OPERATIOOS TO OEl!RM(N( TH£ PROPER PR0aDtRE TO PROTECT ntE TREE'S HU.lll-1. Washington Forestry Consultants, Inc. 16 Page 17 -Carmax Renton,~-__ e Number 7252 --Tree Protection Pia Attachment #7: Assumptions and Limiting Conditions 1) Any legal description provided to the Washington Forestry Consultants, Inc. is assumed to be correct Any titles and ownership's to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2) It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations, unless otherwise stated. 3) Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, Washington Forestry Consultants, Inc. can neither guarantee nor be responsible for the accuracy of information. 4) Washington Forestry Consultants, Inc. shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5) Loss or alteration of any part of this report invalidated the entire report. 6) Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. 7) Neither all or any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. --particularly as to value conclusions, identity of Washington Forestry Consultants, Inc., or any reference to any professional society or to any initialed designation conferred upon Washington Forestry Consultants, Inc. as stated in its qualifications. 8) This report and any values expressed herein represent the opinion of Washington Forestry Consultants, Inc., and the fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence neither of a subsequent event, nor upon any finding in to reported. 9) Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. IO) Unless expressed otherwise: I) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the tree or other plant or property in question may not arise in the future. Note: Even healthy trees can/ail under normal or storm conditions. The only wa_.v to eliminate all risk is to remove all trees within reach of all targets. Annual monitoring by an ISA Certified Arborist or Certified Forester will reduce the potential of tree failures. ft is impossible to predict with certainty that a tree will stand or fail. or the timing of the failure. It is considered an 'Act of God' when a tree fails, unless it is directly felled or pushed over by man's actions. Washington Forestry Consultants, Inc. 17 DEPARTMENT OF COl\i .... JNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 8 ENV ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 AP R 9 r1· i·,w,,: ' ' L' .. ) '.., Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal. even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. INSTRUCTIONS FOR LEAD AGENCIES: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. C:\Users\164967\AppData\local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 USE OF CHECKLIST FOR NONPROJECT PROPOSALS: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B even though questions may be answered "does not apply". In addition the SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent", and "affected geographic area" respectively. The lead agency may exclude (for non-projects) questions in Part B -Environmental Elements -that do not contribute meaningfully to the analysis of the proposal. A. BACKGROUND 1. Name of proposed project, if applicable: CarMax Auto Superstores (Store #7252) 2. Name of applicant: Carmax Auto Superstores California, LLC c/o CenterPoint Integrated Solutions 3. Address and phone number of applicant and contact person: CenterPoint 1240 Bergen Parkway, Suite A-250 Evergreen, CO 80439 Contact: Amanda Steinle (303) 679-6978 4. Date checklist prepared: March 9, 2015 5. Agency requesting checklist: City of Renton CarMaxAuto Superstores 7132 Regal Lane Knoxville, TN 37918 Contact: Mike Creekmore (804) 747-0422 6. Proposed timing or schedule (including phasing, if applicable): 1) SEPA/Site Development Plan Approval: TBD; 2) Building Permit Approval: TBD; 3) NPDES Permit Coverage: TBD; 4) Construction Start: TBD; 5) Construction Complete: TBD. Construction is estimated to last between 7 to 10 months once started. 2 C:\Users\164967\AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05114 1) Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. There are no plans for future activity related to this proposal at this time. 2) List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Geotechnical Report, Phase I Environmental Assessment, Wetland Evaluation and Delineation Report, Endangered and Sensitive Species Assessment, and Storm Drainage Report will be prepared. 3) Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Additional pending government approvals beyond this SEPA process are unknown at this time. 4) List any government approvals or permits that will be needed for your proposal, if known. City of Renton SEPA Determination, City of Renton Site Plan Review, City of Renton Building Permit, City of Renton Demolition Permit, City of Renton Right-of-Way Permit(s), City of Renton Grading/Excavation Permit, Washington Department of Ecology (NOi Coverage under the NPDES Permit), Sewer Permit, and Water Permit. 5) Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This project proposes to construct a CarMax pre-owned automobile dealership on a 12.28 acre site located at 3157 E. Valley Rd., on the northwest corner of E. Valley Rd. and SW 41" St in Renton. The development will consist of three (3) buildings: a sales and retail service building where customers can buy, sell or have routine maintenance performed on their vehicle(s); a private car wash; and a reconditioning service building. The total building area is approximately 20,221 square feet. In addition, the proposed development will include the construction of associated drives, parking lots and landscaped areas. The project will also include a vehicle sales area, vehicle staging area, customer and employee parking. 6) Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, 3 C:\Users\ 1649671AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed project is located at 3157 E. Valley Rd., on the northwest corner of E. Valley Rd. and SW 41'1 St in Renton, WA, residing in Section 30, Township 23 North, Range 5 East. See the Vicinity Map submitted separately. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one):IFlatj rolling, hilly, steep slopes, mountainous, other _____ _ With the exception of the vegetated stormwater management area, the site is relatively flat and level with adjoining roads, with ground surface elevations typically ranging up to 2 feet in difference. Pavement grades slope gently to storm water catch basins, which appear to discharge to the western stormwater management area. b. What is the steepest slope on the site (approximate percent slope)? Within the stormwater management area, the steepest slope found was approximately 33%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any ofthese soils. The site soils consist of 5 to 9 feet of fill soils consisting of medium dense to dense, moist, gravelly sand to sandy gravel with some silt. This layer is underlain by Lacustrine organic silt and peat deposits. Alluvial deposits were encountered below this layer up to a depth of about 32 to 33 feet below existing grade, consisting of loose to medium dense sand with variable silt content. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. We are not aware of any surface indications or history of unsuitable soils on the project site or in the immediate vicinity. 4 C:1Users\164967\AppData\Local\Temp\notes335B F6\5 20150326 Enviro Checklist-Renton.doc 05/14 e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. Filling and grading is proposed to bring the existing movie theater footprint up to proposed grades and is also due to the change in the proposed building location and site layout. Preliminary earthwork volumes include approximately 6,500 cubic yards of cut- soils and 5,000 cubic yards of fill. Imported fill will be sourced from local pits, quarries, and aggregate suppliers. Per the geotechnical report, imported structural fill should meet the requirements of common borrow as specified in the 2012 Washington State Department of Transportation, Standard Specifications. Per the report, it was also suggested that the existing granular fill soils typically encountered within the upper 5 to 9 feet are suitable for reuse as general structural fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Soils exposed during construction will have potential for erosion. If cut and fill slopes are exposed to prolonged rainfall before vegetation becomes established, the soils will be prone to erosion and possible shallow sloughing. However, given the flat topography of the site, very little concentration of stormwater runoff or erosion is expected. Erosion control Best Management Practices (BMPs) will be employed during construction and the site will be fully stabilized in the developed condition. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 80% ofthe site will be covered with impervious surfaces after project construction. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. AIR Silt fences, erosion eels, and other BM Ps will be used during construction to mitigate erosion potential from rainfall. a. What types of emissions to the air would result from the proposal during constructionL operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Dust and vehicle emissions will occur during construction. Vehicle emissions will occur after construction from customer traffic, delivery vehicles, and the maintenance and sale of automobiles associated with normal operations of the CarMax. 5 C:\Users\ 16496MppDala\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. We are not aware of any off-site emission sources that may affect our proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Watering will be used as needed during construction to control dust emissions. Following construction, any remaining exposed soils will be landscaped or hydroseeded to minimize potential for dust emissions or wind erosion. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are two wetlands located along the western portion of the site. Per the Wetland Delineation Report, they have been classified as Category 3 wetlands, Wetland A and B. To the east of these wetlands, there are also storm water detention facilities comprising of detention wet ponds and bio-infiltration. These swales and receive stormwater from the entire site through storm drains. The nearest surface water body to the site is Springbrook Creek, located approximately 1.35 miles to the northwest. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The project will require work within 200 feet of the described wetlands and swales, but the water bodies will remain unaffected. No work over, in, or adjacent to Springbrook Creek is expected as part of this proposal. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No filling or dredging of surface waters or wetlands is expected as part of this proposal. 6 C:\Users\ 1649671AppData\Local\Temp\noles335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No withdrawal or diversion of surface water is expected as part of this proposal. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The site does not lie within a 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No discharge of waste materials to surface waters is expected as part of this proposal. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Groundwater may need to be withdrawn to facilitate construction of underground utilities. No permanent dewatering is proposed. Groundwater withdrawals and treated stormwater runoff will be discharged to the existing detention facility located on the western portion of the site. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No wastewater or sewage will be discharged to groundwater as part of this project. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. 7 C:\Users\ 164967\App0ata\Local\Temp\notes335BF6\5 201 50326 Enviro Checklist-Renton. doc 05/14 Runoff will result primarily from rainfall and will be collected by curbs, inlets, and catch basins, and conveyed by pipe to a new water quality treatment structure. The site also contains existing water quality treatment swales located in the western portion of the site. Treated runoff will discharge to the on-site detention facilities before discharging to the City of Renton storm system and ultimately into Springbrook Creek, located approximately 1.35 miles northwest of the site. 2) Could waste materials enter ground or surface waters? If so, generally describe. There is limited potential for waste materials such as automotive fluid drips to be collected with stormwater runoff. Runoff will be treated per the City of Renton Amendments to the King County Surface Water Design Manual for water quality standards and discharged to surface water. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. The proposal will not affect the existing drainage pattern in the vicinity of the site, as the proposed drainage condition of the site will direct stormwater to the existing treatment and detention facilities west of the site, thereby maintaining the existing drainage pattern. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: Stormwater flow control analyses ofthe developed versus existing conditions demonstrated that additional flow control facilities were not required as part of this project. Stormwater runoff will be collected and treated by the existing treatment facilities located west of the site. The existing bioinfiltration swales and water quality ponds located in the western portion ofthe site are to remain.The amount of pollution- generating impervious surfaces (PGIS) will increase as a result of additional pavement replacing the existing movie theater's footprint. Additional water quality is proposed for the increase in PGIS. An oil/water separator is proposed downstream of the service and car wash buildings. 4. PLANTS a. Check the types of vegetation found on the site: _X_deciduous tree: alder, maple, aspen, other _X_evergreen tree: fir,@, pine, other __ shrubs 8 C:\Users\164967\AppData\Local\T emp\notes335BF6\5 20150326 Enviro Checklist·Renton.doc 05/14 __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? Existing significant trees along the southern and eastern property lines will remain. All vegetation and trees located within the stormwater management area located to the west of the site will remain as well. A total of 43 significant trees will remain, 33 of these trees are located outside of critical areas and buffersAII interior trees and plantings will be removed during the demolition phase of construction and will eventually be replaced at the completion of the project. c. List threatened and endangered species known to be on or near the site. We are not aware of any threatened or endangered plant species on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The developed site will be landscaped in accordance with the requirements of the Renton Municipal Code, as well as with the recommendations from the City of Renton Planning department. Native plants will be used where possible to enhance vegetation on the site. e. List all noxious weeds and invasive species known to be on or near the site. There are no known noxious weeds and invasive species on or near the site. 5. ANIMALS a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: Birds: hawk, heron, eagleJ songbirds.lather: _____ _ Mammals: deer, bear, elk, beaver, other: ______ _ Fish: bass, salmon, trout, herring, shellfish, other ___ _ The site is extensively developed for commercial use, with only 10% of the site retaining some natural vegetation and moderate natural characteristics. The forested wetland to the northwest includes a forested canopy and supports use by avian species. b. List any threatened and endangered species known to be on or near the site. 9 S:\Washington\Renton\CenterPoint\3751 East Valley Road\1CORRESP\Applications (working)\Agency\5 20150323 Enviro Checklist-Renton. PACLAND Edits.doc 05/14 b. List any threatened and endangered species known to be on or near the site. We are not aware of any threatened or endangered animal species known to be on or near the site. c. Is the site part of a migration route? If so, explain. Washington State is part of the Pacific Flyway. Birds that inhabit the area vary seasonally. The site does not provide any known significant habitat for migratory birds and is not contiguous with a larger preserved habitat area. d. Proposed measures to preserve or enhance wildlife, if any: No mitigation measures for wildlife are proposed. e. List any invasive animal species known to be on or near the site. We are not aware of any invasive animal species known to be on or near the site. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric natural gas sources will be used for this project. Electricity will be used for lighting and to power electronic equipment. Natural gas will power rooftop units for heating. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposed structures will be located at least 200 feet from adjacent property lines. The ability of adjacent properties to use solar energy is not expected to be impacted by the proposed development. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The project will utilize energy conservation features to the extent required by the Washington Energy Code. 10 C:\Users\164967\AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Risks of fire, chemicals, and hazardous waste spills associated with automotive maintenance and service are possible during normal operations. An above-ground fuel storage tank is proposed in the vehicle staging parking area. 1) Describe any known or possible contamination at the site from present or past uses. There is no known present contamination at the site. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. We are not aware of any existing hazardous chemicals/conditions that might affect project development and design within the project area and in the vicinity. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. Risks of fire, chemicals, and hazardous waste spills associated with automotive maintenance and service are possible during normal operations. An above-ground fuel storage tank is proposed in the vehicle staging parking area. 4) Describe special emergency services that might be required. No emergency services are anticipated to be required. 5) Proposed measures to reduce or control environmental health hazards, if any: Risks will be addressed through workforce safety training, and proper storage and handling of chemicals. Oil/water separators, vehicle wash water reclamation tanks, and stormwater treatment facilities will be provided. A spill control plan will be developed. 11 C:\Users\ 1649671AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton. doc 05/14 b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The primary source of noise in the area is related to traffic on adjacent street. It is not expected to affect the proposed project. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The project will generate short-term noise from heavy equipment during construction. Construction working hours will conform to city requirements. Noise from light vehicle traffic will be generated during business hours when the project is complete. 3) Proposed measures to reduce or control noise impacts, if any: The proposed vehicle service building will be screened by landscaping and a 6' masonry screen wall. All service functions will take place within enclosed buildings. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The site is currently developed as a movie theater and associated parking lot. There is an existing fast food restaurant located to the southeast and automotive dealerships located north of the site. The proposal is not anticipated to affect the current land uses on nearby or adjacent properties. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? Historical research found that the property was utilized for agricultural purposes from 1936 to 1965. The property was filled and graded in 1973 and remained undeveloped until the existing movie theater, parking lot, and engineered stormwater detention pond were constructed in 1996. The property has remained materially unchanged since that time. 12 C:\Users\ 164967\AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: The proposal is not expected to affect any surrounding working farm or forest land normal business operations. c. Describe any structures on the site. There is an existing 74,000 square foot movie theater on-site. d. Will any structures be demolished? If so, what? The movie theater will be demolished as part of this proposal. e. What is the current zoning classification of the site? The current zoning classification ofthe site is Industrial Medium (IM) and Commercial Arterial (CA). f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation for this site is Employment Area Valley (EAV). g. If applicable, what is the current shoreline master program designation of the site? N/A. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. There are two existing wetlands located along the western boundaries of the site that have been classified as Category 3 Wetlands. i. Approximately how many people would reside or work in the completed project? No people will reside in the completed project. Approximately 90 to 160 full and part-time employees are expected to be employed at the completed project. j. Approximately how many people would the completed project displace? 13 C:\Users\ 1649671AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 Approximately 30 to 60 full and part-time employees are expected to be displaced as part of this completed project. k. Proposed measures to avoid or reduce displacement impacts, if any: As the completed project will provide more potential employment opportunities than the existing movie theater, there are no proposed measures to avoid or reduce displacement impacts. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be subject to a SEPA determination, site plan review approval and permitting by the City of Renton. The project will comply with all required conditions to ensure land use compatibility. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: There are no proposed measures anticipated as there are no nearby agricultural and forest lands. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units will be created as part of this project. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. No housing units will be eliminated as part of this project. c. Proposed measures to reduce or control housing impacts, if any: No housing impacts are anticipated, therefore no mitigation measures are proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 14 C:\Users\1649671AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 The maximum proposed structure height is 37 feet. Principle exterior building materials include masonry and glass. b. What views in the immediate vicinity would be altered or obstructed? Impacts to views in the vicinity are not anticipated. c. Proposed measures to reduce or control aesthetic impacts, if any: Buildings will be designed in accordance with the guidelines presented in the City of Renton Municipal Code. Landscape and screening will be provided as required by code and City Planning Department to minimize aesthetic impacts of the project. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light will be produced primarily by pole and building mounted site lighting fixtures, which will operate only at night. Specific hours of operation vary throughout the year. All proposed light fixtures are full cutoff shielded lights. b. Could light or glare from the finished project be a safety hazard or interfere with views? Lighting will be designed to comply with City of Renton Municipal Code requirements for lighting design and light trespass. A photometric study will be conducted to identify potential impacts. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light from streetlights and adjacent properties are not expected to affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: Light and glare impacts will be mitigated through photometric analysis, light fixture placement, and light fixture shielding to minimize light trespass. All fixtures are full cutoff shielded lights. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? 15 C:1Users\1649671AppData\Local\Temp\notes335B F6\5 20150326 Enviro Checklist-Renton doc 05/14 The project site lies in a commercial and industrial area and there are no known recreational opportunities in the immediate vicinity. b. Would the proposed project displace any existing recreational uses? If so, describe. No existing recreational uses will be displaced by the proposed project. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: No impacts to recreational opportunities are anticipated. Therefore no mitigation measures are proposed. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. We are not aware of any buildings, structures, or sites, located on or near the site that are eligible for listing in national, state, or local preservation registers. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Is there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. We are not aware of any landmarks, features, or other evidence of Indian or historic use or occupation. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. A Phase I Environmental Site Assessment was performed for the site and found no identifiable cultural and historic resources on or near the project site. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. 16 C:\Users\ 164967\AppData\Local\Temp\notes335BF6\5 20150326 Enviro Checklist.Renton.doc 05/14 There are no anticipated impacts and therefore mitigation is not necessary. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. There are two main access drives on East Valley Road; one which aligns with the northern property boundary and the second midway between the northern access point and the intersection of East Valley Road and SW 41st Street. There is one secondary access point on SW 41st Street between the Burger King and the office building. Finally, there is a third access point to the west that connects the site with Lind Ave. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The site is currently served by public transit on Lind Ave. SW to the west and E. Valley Rd. to the east. The nearest transit stop is located on Lind Ave. SW approximately 600 feet to the west of the site. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? The completed project will have 244 customer/employee parking spaces and 608 compact parking stalls added and used for vehicle displays. The proposal will eliminate 594 existing customer parking stalls d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). The project has received support from the City of Renton to allow the existing street improvements to remain along E. Valley Rd., as long as additional privately funded landscaping improvements along the frontage are included as part of this proposal. The project will also include a pedestrian connection from the right-of-way to the building entrance. e. Will the project or proposal use (or occur in the immediate vicinity of] water, rail, or air transportation? If so, generally describe. The proposed project will not use water, rail, or air transportation. 17 S:\Washington\RentonlCenterPoint\3751 East Valley Road\1CORRESP\Applications (working)\Agency\5 20150323 Enviro Checklist-Renton - PACLAND Edits.doc 05/14 There are no anticipated impacts and therefore mitigation is not necessary. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. There are two main access drives on East Valley Road; one which aligns with the northern property boundary and the second midway between the northern access point and the intersection of East Valley Road and SW 41st Street. There is one secondary access point on SW 41st Street between the Burger King and the office building. Finally, there is a third access point to the west that connects the site with Lind Ave. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The site is currently served by public transit on Lind Ave. SW to the west and E. Valley Rd. to the east. The nearest transit stop is located on Lind Ave. SW approximately 600 feet to the west ofthe site. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? The completed project will have 247 customer/employee parking spaces. The proposal will eliminate 594 customer parking stalls as there will be 612 compact parking stalls added and used for vehicle displays. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). The project has received support from the City of Renton to allow the existing street improvements to remain along E. Valley Rd., as long as additional privately funded landscaping improvements along the frontage are included as part of this proposal. The project will also include a pedestrian connection from the right-of-way to the building entrance. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. The proposed project will not use water, rail, or air transportation. 17 C:\Users\ 164967\1>.ppData\local\T emp\notes335BF6\5 20150326 Enviro Checklist-Renton. doc 05/14 Sewer service is provided by the City of Renton and will be connected to an existing main within E. Valley Rd. There is an existing water main that runs throughout the site from SW 41" St to the street located north of the site. Power and telephone will be connected to existing mains within E. Valley Rd. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. On-site sewer, power, communications, and stormwater management utilities will be constructed as part of the project, and connected to existing utilities as aforementioned. Water services will be connected to the existing main that runs through the site. C. SIGNATURE The above answers are true and complete to the best of my knowledge. lead agency is relying on them to make its decision. I understand that the Proponent Signature: ~,ft ~,..0:'. ft&Le Name of Signee (printed): _..,_,)µ""-__,(~1'-',,'-'l=""~/\c.....,,, ___________ _ I Position and Agency/Organization: tkie C:.1Slw....ft.,...,. IY•;<> 'Ciµ Date Submitted: ___ -.qif_.,_J.,_l.,_/-'-h.:...s....l"-).,,,. __ _ 19 C:\Users\164967\App0ata\Loca1\Temp\notes335BF6\5 20150326 Enviro Checklist-Renton.doc 05/14 'I ·~ ] .,.,, .. ,.v'' . RECORPtl>l9 REQUESTED BY AND WHEN RE(ORDED MAIL T$S,0EEl'J AND ALL !AX STA'FEMENTS TO: !lastgate Theatre .Inc,· .. .: .: r i tlo A.ct Ill Theatres ·919s.w. faytor,Suite.9'oo\ Portland; On:ilm;i 91ifo / Attentiok Mr. WaltAman ... :, . ,,' .. ,. ' ~)· ,.: Cri'Y (:::'; ,:: .· .. , ::--,;,J PU't>:·::>;~ ::1·,_.,:::,;:,,; (Above Space for ~order's Use Only) .( SPECIAL WApANTY DEED . ,· .. . .. -•' ·'· .. HCW A REAL TY COR{ a •Washini;fun coiJ)oration,("~"), for and in consideration of Ten Dollars (SI0.09), in hand paid, grants, bargains,·seus. ¢onvcys, and confirtns 19 El\STGATE THEATRE, INC., an Oregon corpofaiion. ("Grantee"), the following describe ii real tstiite, sill,liited .in th¢·county ;;tKing, State' (If Washingtol1' · · · · · · ,· · !\eC Exlrlbit "A" attached hereto and made a part h~Ie<JfC']iope,I'.))''.:) .. / ' SUBm'cr, however, to (i) the exceptions to title set forth 8n Eiihlb[t 0 "B" 11.ttaihed hereto and mad,e a part'hcreof, and (ii) that <:ertain Declaration of Covenants, Conditiorui >md.Restri9ti~ and Grant of Ellsiime111S and Quitcl;drruifCertain Parking Easements by and between Grantor an4. Grani,ee rociirded of even d#t• herewith; tnclu4in,g Y.ithout Iiillilation the reservation of easements and the quitclilinyof "'¥i•menl:8 set forth in the''Qeclaration. · Gtimto{warf.mts to c;cimee \h,at the Property is free from encumbrances or exceptions to title created or "1ffi:red by Grantoi exccptihose showri on Exhibit "B" attached. Tru: Grantor for itself and for ils successors in fateres(does by th'* :p~eSCl,lls iiiq,re~ly Jiajt the covenants of this deed to the covenants hllrein expressed, and exclude$ all c~l:8 ap.sing a.-. «:{arise b{statutory or other i11111lication, and does hereby covenant that against ali'persons whonisoevcr tawfu)iy <.laiming or to claim by, through or under said Gran tor and not otherwise, Grantor will forever wammt·l\lld defend !lie said de$ribed real estate. Datec1:'1bfUCI.(~ % , 1996 FILED FOR RECORD AT REQUEST OF TRA,.'>;SAMERlCA TITLE INSURANCE CO. ~20 tll!ffii AVE. NE P. 0. BOX 1493 BF.Ll.l".V\IE, WA 98009 Ei4~9034 02/08/9~ 8!413.40 457378~.00 = ~ = "' C 'f' -tl! ..... = ~ ~ = 8 ~ ,.. "' ·~ a';; 8 = % :.! ~: ;,,: 8 ~ ~ = = "' ;;,;; - -g COMMONWEALTH OF MASSACHUSETTS ) C()UNry OF MIDDLESEX"--------'.) COMMO~.J:TII: OF MASSACHUSE1TS COI.MIY ol'MroDl:CESEX ______ ~ .,.,-,,,, ..... . .:· / ,/ On,/ f_q.Jo!WM;/ : ~~ ,before me, ~·-~:.j2...~ ,3'~0lllryPublicin and for said ~talc, ~QIUilly appc,ared j r :r: Silk Jr . ]lCISOnally krtt>wli ~ (or proved to me on .. lh• brudsofsatisfactoty evidence) to be the person whose~ ,s sub&:ribed to the withfil in$irument and ®~owledgcd t~·~· tha,he!s'!te e>iecuted the same in his/her authorized capacity, and that'tiy his/her signature on the in~·~ per~11, 'the enti~ Ul)O,l!,behalf of which the person acted, executed the instrument. WITNESS my,.hrutd anl! qffi~i,µ seal. . .,· . ,, · .... !AURIE E RILEY. Nolary Public ... My Commlsslon Expires December 30, 199~. ,2 9S3 l 802K.OCI/MEOIW8870-32910 l-24-%/<;ef LEGAL DESCRIPTION OF PROPERTY /tof 3 OF BURIJNGfON NORTHERN BINDING SITE PLAN (BSP-014-92), PER MAP RECORDED IN .· \IOUJMEl61 OF PLATS, PAGES 8 THROUGH t I INCLUSIVE, UNDER RECORDING NO. 9206302696, .REC9RD!.OF m1otoDNJY, WASH!".<GTON, ; . E}j.'CEPT TfV\TPOR,TION OF U?Tl ()F s.(m BINDING SITE PLAN, LYING NORTH OF A LINE, DESCRIBED AS FOLLOWS: i " ' BEGINNING AT A.rowr6NriIBEAS~YLlNEt>FLOT J TIIATrs 2J.so FEET soumoF THE NORTHEAST CORNER oii uir 3 OFS.ND BINDING, SlTE PLAN; THENCE NORTH ss•o9•s1 • WEST A DISTANCE OF.S'JS.52 PEETiMORB ORLESS '[{) A·l'OlNT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF nns t:>ESC~ON; SAillPO!NT OF TERMINUS BEING 80.88 FEET SOUTH OF THE ORIGINAL NORT:HWJ:!ST CQRNE,i OP:L01' 3; ·-;-,,· ALSO KNOWN AS (NEW) LO~ 3 olLot' Lnfu Ai>nJs~NT ~ REtQRbED UNDER KING COUNTY RECORDING NO. 9~11299006; .. . . .. .·. ... . .. SITUATED IN THE CITY OF RENTON, CO{MrY OF KING, STATE OF .WA~HING1'0N. •' •' . -~ .. EXHIBIT"A" 9531802K.OCI/MEO/Wl!870-329/01-24-96/cef ·r-------·- ., ~ . ~.,, :~1 .. _~f •i ·:~ ;"', -a ~ ' ',., EXHIBIT "B" to Special Warranty Deed / _ I•, Lien for general and special taxes and conservation service charges, not yet .. /d11e ~d payable:as __ per--tfyi following ta,c account number: 125360-0030-03. ___ _ _ •• ---:{ , Condellll).aitb~ ~f~ccess to State Highway No_ 5 (East Valley Highway}. im4'oflight, view <Uld al\-byd\)br~e totlie St.at~.ofWashington entered March 20, 1992 as King County SQper::ior Court Caµ'se('lo_ 57~3-:' ··.: ·:: .. ,.:·; / . ..:-;'.,_.-i" .. i./ .. ,,"=.·_~(' ./(:,._,}: '}-?4sel)lents/ieaj:rictions, bUil,d\11g set-back lines, slope rights, notes, recitals and dedications, 'as.disclosed by:ii rec~rded Qirtding !lite plan of Burlington Northern, recorded under Recording No_ 92Q630'f696. / ------ .-,:, . 4. Lands'cape ind iitiliW ea;me~ts set fqrth 011;the}ace of City of Renton Lot Llne Adjustment No. LLA-016-!15, recorded rinder K)ng,Cotinty ~ecording No. 8602139001. 5. Release ofacceslt<?,;$,W. 4f~t Streefby."~~ to_.the§tate ofWashington recorded Mi[y8, 1980 under Recording No 8()0508058). -.--"' '·· --- / 6 \ \ Reservations imposed byi'ristru-m~ntsrecbn:\edu~erilec6rdi,~l'fls. 4547626 thrr;>t!gh 45!17632, reserving to grantor the right-lo nitairi 50%.of any and,.all royalties whic~tnay ~e derived from all of oil produced on or from ;aid pfopeitx / --- ..-i /7_ --Rl;l_Strictive covenants imposed by instrum;rifrecprdi;dQlMaJ4, 1981, ulider R~co~ding l,'fo.,,8io5040070. -·-----· •:, .. ,· .. . .. . ,.s'. _/ RE¢IPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS ANil:'RES'TRICTtONS·AND THE TERMS AND CONDITIONS THEREOF: ,, .:, .. •' •. BETWEEN/ ANfL DATED: RECORDED: ,,,,., .. RECORDING NO.: REGARDING: Powell Development Company HCWA Realty Corp., a Washington Corporation 'Junl 30; _l 992 Juile 30, tsin 92063 02702 . -- _:Recipr!)Cal,easeittents.and covenants, --c6nditi~ns)andri;:strict\ons 9. EASEMENT AND Tiffi TERMS:AND CONJJ>ITI.ONS THEREOF: .-. ., .: .. ' .: ,. PURPOSE: AREA AFFECTED: RECORDING NO.: 9602301C.OC!IMEOIW8870-329/01-24-96/ccf Public'uti[ities _-_-,• .c-. , Northerly poi::tio!'[ of pri:>perty herein described as delirieafac;I within said documerit. 951l200895 ,,1 ..... --~ ... -.----------,..=-~------------~,-~~~ ~ ll I " ii ~ l.fl ·t " :•:,:-:: 'c.;,'" s~:.: :{ ~ ti -~· ... ,.,, ;i .. .,.· ... 10. AGREEMENT REGARDING BUILDING LOCATION AND THE TERMS AND CONDITIONS THEREOF ~CORDED: RECORQJNG NO. REGARDING: ' I · •• November 20, 1995 9511200897 Building setback and restrictions iASEfy!ENT,A'NDJ'HETERMS AND CONDITIONS THEREOF PUR:P6s.E;r .. .. AREA AFFECTED/ , .... ,_,/' .:' ··')nstrurnent recorded under Recording No. · /9511299006 Utility N.9.[therly portigr of property herein .,· .. ·-· 12. EASEMENT ANDTfll'. TERMS ANp CONQ-t~IONS THEREOF: DISCLOSED BY l'l.IF,.POSE: !\REA AFFECTED: 9602301 C.OC I /Mill/W8870-329/U 1-24-96/cef / lnstciment ~ecbrded under Recording No. • 9511299006 . . .... lng:.f~ss(egress, htil,i,ty·a~d 'iJrama,i~ l)rid "terup\}'rary·gr"diag ....... / i ·' / Nort4erly pprtiol),of.Jhe property herein -2- 161 8 BURLINGTON NORTHERN FILE NO. BSP -014-92 A BINDING SITE PLAN_ SIGNATURE PAGE SECTION 30, TWP 23 N. , RGE 5 E, W.M. SECTION 31, TWP 23 N., RGE. 5 E, W.M. Cl TY OF Fl[NT;)r,· IINOW ALL i'!EH B,Y THESE PR~!:HTS TW.T WE, THE UNDERSIGNE:D, OWNERS IN FEl: SIMPLE OP THE U.110 Hl!:RE:BY PLATTED, HEREBY DECLARE 'I'}IIS PLAT ANO DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMEIITS AND WAYS SHOWN HEREON WITH THE RIGHT TO KAKE ALL NECESSARY $LOPE$ FOR CUTS AND F!LLS, ANO THE RIC HT TO CONTIH\/E TO DRAIN SJ.ID ROADS AND WAYS OVER MID ACROSS ANY t.()T OR LOTS, WHERE HATER MIG!f'l' TAKE A NATURAL COURSE, lH THE ORIGINAL RV.SONABLE GRADING OY THE RO,\OS AND WAYS SHOWN HEREON. BURLINGTON NORTHERN MILROAD PROPERTIES, lr.r:: A t:eLAWARE CORf>ORATION • ,. /11.~. t:!rr- lt9: 0c,', "~ STATE OF WASHINGTON) '" COUNTY Of KING ) IS TO CERTIFY THAT ON THIS ~~ ~ 19.1'.2., BEFORE ME PEii5oiiALfa ' " IN1'f OF APPEAREU TO ME KN TO HE OF BURLINGTON NORTHERN RAILROAD PROPERTIES INC., THE CORPORATION THAT EXECUTED THE li'ITl!IN AND l'OREGO!liG INSTRUl'IENT, ANO ACKNOWLEDGED SAlD INSTRUMENT TO BE THE fREE AND VOLUNTARY AC'T ANO DEED OF SAID CORPORATION, FOR T~L:SES ANO PORPOSES THEREIN MENTIONED, ANO ON OATH STATED ~Aixffii'rt (.,lg 1ffi41!ffltwr. I 11£) s ! I Tl!&' BFB) AIJTHORlZEO IN WITNESS WHEREOF, SAID CORPORATION HAS CAUSED? INSTRUMEHT V?BF. F.XF.~U'l'.ED BY IT~ i:~R OFFICER THIS -2 ~ o,,y OF ,, IN "l:THESS WIIERF.OF, I HAVE HEREUHTO SF.T MY HAKD AHO AFFIXED MY OFFJ:C[AL SEAL THE DAY AND YEAR FIRST AIIOVE WRITTDI. KING '7n Ca«; ..... S'nrf ~.;jASHIHCTONJ .-..· ) &S ,C<J.t!N'I'Y at KIIIG ) IS TO CERTIFY THAT ON THlS ~4~ DAY OP 'f'~, IIE!'ORE ME PE'ii50NALLV ,>,.PPEAREO TO ME HO TO E TH F GLACIER PARlC COMPA- NY, THF. CORPORATION THAT XECUTED THE IIITHIN AHO FOREGOING IN- STRUMENT, ANO ACKNOWLF.OGEO SAID INSTRUMENT TO BE THE FREE AHO VOLUNTARY ACT ANO DEED OF SAID CORPORATION, FQR THE USES AHD !lR/~sE;.;HER~~N MENTIONED, AHO ON OATH ~~Jt:n:ioH~ EXF.CUTE SAia rhsrnENT. IN WITHESS WHEREOF, SAID CORPORATION HAS CAUSED ..,IS INSTRUMENT ;>Ji BE EXECUTED BY ITS PROPER OFFICER THIS ..:Z #-DA'f OF J: ., • , . >"1,3. I: WITHESS WHtRtOF, I HAVE HEREUNTO SF.T MY H/!.ND AND AFFIXED MY OFFICIAL St:AL THE DAY AND YEAR FIRSI Al!OVE li'RITTEN • • ·'G,·:/_~":.~'"··);, .r.,,1.,; .•. ., .. ,o~ !i'·,';,\ (~:~;·: .:~~'"' """'-'' ~z f;:f'"?. 1 nr,~u .-..... « ( 110T :; PUBLIC 111 AND FO ~sTATH or SIUIIGTOII, RESIDIHG AT -= etJ'. . & ~ ... ,. iq . -· THAT PORTION OJ' BURLlllGTOII NORTHERN ORILLIA IHDIJSTRlAL PA!UI Of REIJTOl'f DIV1Sl01i I, As PER PI.I,'!' R.lCORDED IN VOLUME 10S OF PLATS, PAGES 12 AND 13, RECOlWS 01' ICIHG COUIITY, D=IBED AS FOLLOWS: SLOCK 2/ LOTS l, 2, 3, 6, 7 AND 8/ AND LO'!' 2 OF Cl'l'Y OF REHTOII LOT LIIIE AOJUSTMENT lfO. I.LA-D16-R~, RECORDED UNDER KING COUHTY RECORDING 110. 8602139001; ' TOGETIIF.R WITH THOSE PORTIONS OF RAILROAD RJ:GliT-Ol'·WAY LYlHG ADJACENT TO LOIS l, 2, J, 4, 7, 8 AND 9 IH BLOC!':. 2, AS SHOWN OIi THE PLAT OF BURLIHGTOII HORTIIERH ORILr.IA IHDUSTRIA.L PIJU( OF REIITOII DIVISION I, AS PER PLAT RECORDED Ill VDLIJME 108 01' PLATS, PAGES 12 AND ll, RECORDS OP Kll!G COUNn; SITUATE Ill TIIB CITY OP RBIITON, COtJlol'fi OP XIHG, STAT£ OF WASHIIIG-ro,. """"'--' . PARCEL fl 01' SHORT PLAT NO. 378-79, AC<:ORDIIIC TO TliE SHORT PLAT ltECOROF.D UNDER XIHG COONTY RECORDIHG NO. 7909249001/ SITUATE IN THE CITY OP RBl!TON, COUNT~ 01' J;IHG, STATE OF WASHING-ro,. COUNTY , WASi-llri.'GTON DEYEI.OPHEHT OR CONSTR\ICTION or ANY IMPROV~INTS UPON THE REAL PROP&llTY HEREIN DESCRIBE!) SllALL BE IN ACCORDANCE: li'ITH THE BINDING ;~? (;f::i, A:r:;_7iv~~1!!.i?:t.;J~ ~1/=~g:~PRo~~i, = CITY Of RENTON Oil !:f/1!_, 19_ . Tl!IS BINDING SITE PLAN AHD ALL Of ITS REQUIREMENTS SHALL BE LEGALLY nl"fORCEABLE ON AflY PURCHASER OR OTll!:R PERSON ACOUIRIHG AN INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY AND ALL PORTIONS OF THI, PROPi::RTY IN TIUS BINDING SlTE Pt.All ARE Sl!IIJECT TO St'l'BACJ( RtQUIREHtNTS OF CITY 01'" RENTON SUBDIVISION ORDIHA!ICE. I um SURVEYOR' s CERJ'Ht£1.U:t l HEREIIY CERTIFY TIIAT 't'HlS lllliDIHG SITE Pt..l.li IS BASED OH THE PROPERTY SURVEY AS PREPARF.D BY BUSH, flOEO AHO HITCHINGS, IHC., AHO RECORDED UNDER KING COlllf'I'Y Rll:COROI1iG HO, n05l.59005, THIIT THE BEARINGS ANO DISTAHCES AIIE SHOWH CORRECTLY, ANO THAT THE LO'l' CORNERS SIV,LL BE SET ON THF. GROUND. = EXAMINED ANO APPROVED THIS 2.6 DAY OF~' 1992 A,D, ~lllfe.AlfQM ~ Of PLANNING/BUILOINGtPUBLiC ilORKS ,::: It'/ ~~ i?6N1o,y AS5CSSOB'S CKRTTFICATC: £XAMINE0 AHO APPROVED THIS ...2.E._ D.\Y OF jwJ , l99i A.O. dt1rz,,:a."~D I. ,8,a..(,r,h · \ ','.~-......:,,. ASSESSOR fu!PUTY ASSESSOR F'IliAHCI! Pll!IX1'92'S CPTitJCftX:C: I RRREBY C&RTIIT TH/!.'I' ALL PRDPER'l'Y TAXES AAE PA.IO, TH/!.'!' THERE ARE 110 OELINQUENT Sl'ECIA.L Ji,SSESSXDTS CDTJ:J'J:ED TQ THIS OP'FIC1: FOR COLLl!i=IOII, AND THAT Jl,Ll, SPECIAL ASSESS.l!iH''l'S, CERt'IJ'IED TO THIS OFFICE FOR COLLECTION ON AH'l 01' THE PROPE!RTY llDl:IN COHTAIKEII, DEDICATED AS STRl:RTS, ALLEYS, OR POR OTHER PUBLIC USE, ARE PAID Ill FULL nns ~ DA.Y OP :;fii • ... , 19j.\. OFFICE OP J'IHA!ICE /,2. 4 P«tr,:k DIRECTOR, kINC COUNn OFFICE or FINAHCE ~ DIRECTOR OJ' FINANCE I 11!:REBY CERTIFY THA'I' TIIERE ARK NO O&LINQUENT SPECIAL ASSBSSKElffS A!!D TKAT ALL SPECIAL ASSESSIIPJ'S CERTIFIED 'l'O TKE CITY TR£i\8URER FOR COLLSCTlOK OH ANY PROPERH l'IWRBIN COIITJ,INED DEDICATED !"OR sra=s. =z: muc ~,~om "rn. ~ . -· ;::.---·, oi"i;criY OP R /u/9-z_. !tn'ICE 01'" P'INA)l'Cl: l!ECORPTN\i cesxxnnu, 9J0'30 ~(..'16 DIVISION OP RECORDS AHO ==ro11s ~iih'h. Nay kC -~ ... "" SHE(T I OF 4 161 BURLINGTON NORTHERN FILE NO.BSP -014-92 A BINDING SIJE PLAN NEW LEGAL DESCRIPTIONS SECTION 30, TWP. 23 N. , RGE. 5 E, W.M. SECTION 31, TWP. 23 N., RGE. 5 E, W.M. CITY OF RENTON KING COUNTY , WASHINGTON PARCEL B or cu, or RDT<»I asan PJ,.O.T NO. ~10-7', ,.. l<l<:<>SDBD u,,on J<IN<. COUNn R~OIIP[N<. NO, 7'0,20001 1JID DE5CRIBID AS l'Ot.LO\fll: HC:nll!III<: ill! 'l'HII IIOll'l'IIBUT COilll!:RO, ltlT 9 OFBW.:,: 2 OFTUPLO.T a, BURLEN<.TOH BO,m<...,. Ol<IW.UI IND'O'STIIIAL """" or RD70N U HCOJl.!>llll IN Vot.lllll 10$ or :n&H, PIIGIS 11 ,\Ill) 1,, IIECOlll'IS or XIlla c:ousn, IIASKDIG'T<lll; Tlll:IICE BO!ml .......... .,, .. ALO~ THI E1'5T '-'"" DP SIi.TO LOT 9 A Dil'l'AIICI! or 51.U FQT TO A ctlltVII COll~Vl! TO 'l'IIB MORT!l>IBST M.VDG A 111.DIUII a, ,u.l? FDT/ :nt!IO<:R SOUTIU:111.~ M<D •~ "1<lfOO ""'" Clm'I Ali UC DUTAIIC:Z OF 5H,60 Fll'!'I' '!'l!ROOGB A~-[. AlfCLI 01 a•oi•o• TO A POINT OF CONPOUJID ~:~:; =~ :.,~~L~ '"!f.':, ~l~~I~G ~~~ OP 1•n•s7•; TIIEIICE JrWITII 1•01•37• L\ln' .,,...H nrr TO TIDI""""" kMIOU a, '""""""""" .............. ,..,,, TllD"CI """"" """"'''" u.n &OD.O! n:,:r ALOIIG $AID SOUTI! 11AKDO TO '1'111! HC01)1711G, U>:r cotl':.UNs uo,0<2 SQW.U nrr. 'l'UT FOR'l'IOII DP Dt.DC:1t 2 DP U1: Pt.AT or IIU1tLllOnOIO """'1m<K "1111.- :t.JA IIIDUSfll.LU. P""" OF ~ U ,,_ED lK YD~ 101 OP PU.TS, P.\GEII U ""° ». UCClltl>IIOPnKGOO!llr.fY, IIASKDl<im>I, D2S<:lllll!:t>M ~-· u.:11111111<. AT TIii tD!1T111AST CDIUHII Dr LOT > or IUD 11,(ICJ: > 1 'tllD<:I IIORT>I. 01•••···· L\ST ...... """' llOIIC TKI IP.ff LIii& or .... ,., lDT 1 A DISTUCI I'll' ,.,.U PDT TO A CIIJI.YI CDHC:,,VE Ta ttl •D'1TIINS!IT IUIVIII<: A IUDlllS DP 5!.00 rllTJ TKUCI SORTHD.LY, NORTIIIQ8\'llll,J, MRI u:irn:iu.y AL01fG SAW CUIIVI 111 UIC OISTlllCI DI' 0<,00 PDT !llll:DtlGI A CDnll.t, """Lit DP U•<O'»" TQ TR?: """1l'HZ!lLY KMIGU OP !r011rllWEll7 '4TH STREET/ 'l'IIIIIICI JQll"11 t1•,0•2J• llliBT 1w<>ltG SJIID IWICIJ ;51,'9 HB'l' '00 1'1! li01m<LUT CORllll:R DP 1.<>'r • OP S-'-!0 81.DCI( " TIIIIICI SD</ffl Oi•00•21• Q:ST llOIIC TIIB v.s,: LIH! OF ll.HD LO't • A DU7AIOCE OP U,U PIii!' TO 1, Ctll>.Y& COJICAY! TO THI KDRT!IIII""' "-'YIIIG A J.1.0IIUI or 4U.l7 HIT; T1l ... C,: ""17TZl2LY AW $00Tl!IIHTHLV AL<»IQ "Alb """"" ""UC DISTHCII OP ,n.~o UST ntROU<;H A ~L ""<.I.IOI' 71'0]'19" 'l'O A PDDIT DP C011POU11D CURVI SUl> OllltVB IL\YIIOG 1, RAOIOI or 605 •• , FUT! TIIIDICB ""'"" •uo ~· 111 I.RC MST ... CI OP ,a ... pa,: T1IRD<>OII A CllrJ'll).~ ~ op a,•n•n•; ==""""" 07"50'"7" ~ 517,51 PD'<; TIIZIOCZ "°""" a,•09•11• WU,, n.oo PDT; ffDCI ID<lffl ., •••• .,. &ABT "l'O :rtlE B=lll!IIIG. Tltl.T POJITl"II Ol!' ,o.oc,; 2 I'll' ftr. l'U.T Ol!' BURLINGTON NOJtntERII ORIL- LIA DIOOSTRVJ. l'Altl< or IIEIITOII "" l<IC'DRIJm lM """"""' ,,,., OF P~T5, PA<;O:S n....., "· UCDIIDS or l<INO OO!llr.fY, IIM1UIIC'l'(III, DUal!HD ll.S rou.o,rs, H<;>KB"I!I~ AT THB t.CtrrllllllftT COllllll\ OP 1,(lf l or SAID n.ocK >; TIIEKC! !I-OWi! 1•so·,~· Hft ALD11C1 TU u.n L;ME OF,..,.. > or SAID B1.0Cl{ l A DUTA!ICE DF ...... P1117t 'l'IIDICS IIDll'I'!! u·o~·51• IIE5T J7l,H l'Zl'!T; 'ffll!IIC! IIOR'l.'II 1"5<1'09" lo\ff l>.S, Hft/ flml<:£ MDIITII u·oo•s1• HST HO.DO nrr, "nlDCS ..... ..,. ........ l'Aff 4),20 UOT; ....,...c:,: Jr<IR't'II H'M'5l• 1111ST 30,.M l'&ft TD ffll llZST t.INI OP TII! DST 81S.52; ffim!Cl! IIDlffll 1"5<1'00" }WIT UDJKa BAn ll'J!ST LIU .,, ... FUT TC 1."HH "'"'"' Lin or LOT o or !;,\ID BI,<)CJ. 1, TIIEKC! SO'Offl 17"!0'<7• !,\S'l' ALOIIG SAID SOlffll t.INI •>.38 Pift TQ ~ Cl}:l[Y! CDNC,,VI! TD TIii IIDltTH IL\lttin: .>. 11.\tl)IJS OF 10!,17 :n!l!T1 TIIBMCI B,\5Tut.Y A1.DII<: SAID C<lll.VI .ul Alt<: DUTANCE 110.a, FEl':T Tllll:()l;IGII" A Cl!M'l'ltAL Mlat.E OF 10•2"'1?"! TIIZl<Cl! 50IITII 0?'S0'17" EAST 01?.•0 l'Zl'!T; TII~ SOOl'II 2•0,•1J• 1111ST 20.00 nllr: """"CB SDUT:11 0?"00'!7" !AST U5.DO HIT TD .... Ud<liN< ..... 1>1AT """'lOH OF lli.oc,; 2 OF ntE PlAT OF OURLIRTO• KDllT!IERII "IIIL- LU Y!IOOSTR?AJ, PARK DP lllJl"10,I U RECDll1lED Ill VOWlll! 100 OP PI.ATS, ::'.:!,;~ AIID 10, UCOJtDS OP JtIIIC <:Dl.llml, IIASHIIIC"tD•, DES<:alol:ll >.S CDIINE>ICI•G AT TKI SOOTR.,.,ST COllllt D1 LOT 1 DP SAID BLOClt l/ THEHCB SOUTH 1•,0•00• WEBT U.ONC TIii UST UH! OP U>T 2 OF ""ID BI.OC>: , A DISTAIICI or 5U ... n:ET TC< T1!B TRIJ!I l'OlllT or &l<'.lunr,,.,, 'l'!rel<CI <:ONTINl.'lllG SOUl'll o,•,o•°"-UST Oil.U r=; fflDCE S0\/1'11 .......... WEST '"· n F£>:r TD TMI! HORTH ><All.OU er SOllrllWHST HBT STREET> THSNC! NORTK 01''7'07" W~ ll.0!10 BUI> lt\llCIN 10,.'7 nET, TaENeE NORTH l'SO'l2" nu ao.oo FEBT; TK%NeE NORTH U•»'07" WEST 1'fi.67 PBET; THEJiCH 8011TM ,•;o•,a• WHST HO.OD FEET TD TIIB HORTH JOOU:IK or SOUTllWE•T 11ST STl>a ... , TIIP11CE •<>RTK u·n•o1• nsT At.oHG SAID KAM1" H.&6 1UT/ TK%HC£ HORTH ,.,.,,,. EAST HO.OD FEB!"; TMEKC!I. •o•Tll '"''7'0," w•sT ,.._., F!ET; THEHOE NORTK l'SD'll" •AST g6.77 FUT: Tllr!ICE NORTK Q~·o•'"" WEST U.Ol FIE'< TO TliE KORTH&A.ST cou ... or LDT' OF S1'ID H<DCI< >; THDICH HORTH 01'50''2"..,.,, L<n 20.00......,. TO T>I! SOIJ'l'IIUST C'Olllll'R or I.OTO OF s.uo !toel: 2; TIIDICE HOfll'II 19•0,•is• "1:ST A1.DJIG SUO .DUTIi 1.lKE ,H.H FEET/ TIIBXCE •oUII >•OD'D•" DST 110.DD P'EIT; Tllt!OCE "°"1'11 ,0°))'-,.J." EAST ll~.70 J1!!T 'ffl UE MEST LINE OF THt DST 870.'2 FEET OF ,,..,o BI.OC>: l; TNDIC!I. •ORTH 1'>0'0•• HAU ALDHG nrn Wl':ST LIHE H>.01 PEET; TKKHC!I. SOIITH Oll."OO'H" &l<ST ,0!,!0 PUT; Tllll'CE SOUTH l'S0'09" WEH 0,,0 rtt'., THeHOI SOl1TH i .. o,•51• !UT ,~o.oo FEET; TK•KCI SOUTK ,•,o•o•• ,..,,.. u.a, nn; """""" •ol/TII ••·••·~,· .,,,..., ,,. •• , FEET TD TH~ nr<rH pc,:NT OF BECIIDiIKG. fflAT PORTION <>I' &Ula ' or TIDI PUT or WIILIII,,,_ IIORTIIIDUI ORJI.- LU lNl>11STllIAI. ""1t1 or IU:ll'l'OII U UCOIU>ED Ill VOUIX£ 101 OF PU.TS. ~: AIII) ll, :UooaM OP KI .... <:oLIKn, HASHUK:T"", DESCl<lHED All CWQID'CIIIG AT TKE SD!ITUltAJT OOJUltt DP lDT 1 DP SUD BLDCI >; fflDICI '"""' , •••• ,,. VEST U.0,0: TIii 11>.ST Lilll! or LOTS >,...,, , or s.uo 1'U>CK, A DISTANC& or 1]~6-0 rwr, :t"HDICI so,.,.,. ••• ., •••• 1'EST >,,11 F'll&T TO 1'flB SORTK IU.ll<>:IH OF SOllTIIWHT 41,n, OTHU/ 11!!l<CB NOF:T!! 11'"'07~ llbT r.1.<>NO SA%D N<Jn<H IUJtClK l05.67 FUT ro nu, TRUE PGUT or •s.nnrIIIC; TKa<CZ NOllTll l"!D'l>•..,.,, :ao.oo P'EETJ THIICI KORn u•n•o,• UST ..... , FUT/ TLIEIICE SOUTK 1••0•12• nsT llO nn TD ..... NCRTH IUIOGlK 0~ SDVTKNE><T ... ,. Sfl!EET; ""'""" """""'81'17'07" """'" "1.0l>C •uo ~IN 1'5.67 •= TD THI Trdl!' FOI!<T OF DEGilfllIIIG. IDT cmr,,AIKS '5,000 SQD>.1\11 n:llr. fflllT PDJ.UOK OF Hnc:,,: 2 OF ffB ft.AT Of 8Ul>LUa<nOO" ~0 .......... .,,.,,._ I.IA %MDU..,.,,IO!. P""" or H:Mt'Olr A5 Rl>CDkl>IO <1' Y<>LllNE 103 "1' "'-'T•, """ES 1' 1'Mtl U, MWIW• OF IWll> CDtnlTll, IIADJ-, DUOIBEO AS P'OLL<>NS, CQIDIP"CIHC AT TIii $01/'rHU.ST CDRNn OP LOT l OF UID B1.DCJ: 2; TIIDOCE SOVl'II 1•,o•ot• """T AU>IIO' TIIE EAST L.I"E OP U>TS > ""O > OP ... ,o 81.0CK 2 A DIST .... CB or lll6,41 nlT; TKD4CE SOtn"H ........ . VEllT ''·ll FUT T<I 'l'KI KORTH MAFIC)K OF BOUTaNE""' UST STl>UT; TIIZMCt ~= ... ,, .• ,.WIST l,l.OllC SAID NORTH ......... ,os.n ntt; TIIEK<::Z MOIITII l'OO'l:I" B.I.ST 210.0<1 n:n; ·nu;KCE HORT!! 08"17'07" 116':T H<.07 ~ ..... , TIIBl<C! 30UTJ( ,.,, • ., ..... T H0.00 rnT 1'Q TllB ~ORTK KIIRGIN OP 3011,,,.KEBT U&T STRHT; THEKC! NORTH u•n•o1• \fE:ST >.LON<; SUD >WICI~ U.00 fttT TO 1'1!E """" P<lIIIT OF B"'rHJKG; THEKCE "°""" ,., ..... ~ Ho.ao PEET/ TIIEl<CE lfORTK ••"]7'07" \f£6T 16&.6? rs..-, TIU:•c• SCUTM ,.,,.,,. VEST ao.oo FEET TD SAID MOJ<TII JIAAGIH; ffiDCJ: •DUTIi 48'17'07" &\ff lH.01 rift TO Tiu: THUH PCll ... OF BECUJKI!I<;. SUE CDl<rAI!l3 >~, ooo IOOIJAH 11!1!'1'. 'l'IIAT "°"""" or •= 2 or ft!! PLAT or B""1.IK<ffilll MORTII ..... on1,- ,.,,.. lllDU"71UAL PARK OF lllllTDlf M ~go IK YQWHI lOt OP PU.TS, ~J!.:~ ..... ll, Rtt<>IIOS I'll' KIN(: CDll!IT'I, ltU>lllk>!'O>I, DUCILIUO"" CDNl<UCINQ AT TKO BOIITHUST CDRUI< or I.OT l o, .,..,o •<.CCI ., TKDICB •= ,. .... ~. MHT AI.ONC Tllg &UT LIN! or LOT 2 or SAID oi.oc,; 2 A DUT,.,,C! OP •u.u P'J:"7; 'r!IIIICI MOIITII 1••01•51• llbT >7l.O& •• .,,., Tll!HC! IIORTII 1'!0'00" v.ST ».8, ......,., THDICJ: NDJt'l'II ···09'!L" UST ua.oo FOETJ nlZIICE NORTH l"SO'Oi" &UT.,_,. f!t'l'; THnlCE •Dfml U"M'Ol" WIST J00.5& Fttr TO TIIB NEST LlHB OF TU &l<S""I' 8?0. 51 UB'I' DP OAID 1Itld< > '-"" TIii T1111B POJIIT or R:llK- NIIIG; '!'IIDICB MORT>< ,•,0•09• l<&ST ,n.'1 • .,..,. 'l'O THI 0DUTK UNI or LD'I'. Of UlO 81.0CI >J TKSNC! NQltTJI o,•oO'<?" """" ALOOIG ""'ID SO<!TII LlME ...-o IT! IIUMIIU,Y PltO....,CIII.T<ON '"·" PZ"1!T TD ntO U.$T iu•Gu OF I.l~D AYDIUE; n, ..... SOIITII i•o, 'l?" NUT ,11 ... ,1rr: TIIEIICE I.UV%MC .UIO US't£1U,Y IWOGlll aolml 00•1<'"" WUT 2U.U FUT TO TIIE 11,ECIM!ll~ OP A -·TNIO"~ C111M! COIIC,,111 'l'O ffll 1111ST """'"" 1t 1W>IU5 or ,o.,.70 ...,,.,., ""1'.D CURVE LUl<G CDMCl!ll'ffllC MITH """ , .••• ....,, l!A!<TDLY or SUD U.~TDLY IURGIII CA RAD,AL LYIIE :rlfllOUCJI SAID HG1l0IINO BLU!s 50UTl!I 17"06'0• &\ff); TIIEIICE SOIJTH- PLI H.n >£ET A1.DHG SUD CURV! THRDI.ICIN " CtJITIUL AHCU or 0>">1''1" TD TU SE;JNUH OP A C°"FO~HO CUJtYB COIICAYI TO TK! IIJlST IL\VIIIG " lWl'1/S or •o• ... FHl'J fflrl!CII SOOTHDLY .... o ...... 1t1.D!IG 5AID CUK"Olt TIIIIOIJCH 1, Cl)l'['IV,L 1'.NQl,I OP D0"lB'2'"; TIIP"CB sauu 11•,0•11• """ 170.07 nn 1'0 SAID UST IO,l!GIII OP l,J•D ~Vr!IQE ,...,, THI ....... ,..., er .. •c•-TJ.NGIIIT CIJlfVB CDJICAYI TO :nll !,\ST IIAVINO A R1U)l<JS op LU$. D5 nEI' (A IW>UL LIMO ttlOO<JC>I B,\ID HCUHilfC O,:.\R• mmO'II u•a•o,• MaT); TKB>OCB """'""IRl,Y AL<»IG SAID OIJlfVI AH ARC D1&TA•c1 or .5.l8 FU'I' TD THE aotlT>I l.lRI or LDT • DP SJIJO 01.DC>< 2/ THIIICI IOtn"H u•o,•,s• B,\ST AI,()"" SUI) B01l'l'H LIU >06.S• PSST/ THDCI IIDJtTH 1"50'00• EAST UC.DO Fl,:EI'/ TIIEIICO K<>llTII :,1•s,•51• V.ff 211.70 F"E>:r; 'l'Rg!lr::l! NORTH 1"50'.0'" BAl<T >1).51 n:n TQ THI Tllo~ l'Ollf'I" DP O,:CINl<I ..... U>T COIIT>.IIIS l51.72l :!IQ""'I PEET. =· TKl,T -OP B<.CICI< l OP TU M,M OJ BURt.IXim>H --,,.n,, DRIL- t.IA 11ffll!fflllll, HJII< or~ AH IUICOllllgl) nr ltO<l,IXS 101 OI' l'LAT~. ~! ""DU, """°""" Qf ~ COIIN'l.'I, 11"9Hll!flOII, DacRIHD All H<llsMIKO AT ..,,. SOtrrlnlHT COIIIIIII. or LOT • nr SUD B<.OCI " TKD'Cll KOIITII o?•!I0'4?" MEST AU,"<' TlrB 1'18'1'1[R1,Y PIIDt.aH ..... TIOII OF U.ID SOl1l'II L>Hll. l."1.01 P1!EI' TO TRI D.STut.Y RIGIIT-OP-11.\r .......... OF l.UID AVll.lMIJ T!llll<CB NDR1'!I 2"00'"" D.ff 4!1 •• 0I l'DT TO A <:llRY'! COIICII.VE Ta TH aDIITIIO:U,, RAVIll<I ~ Rltlm!S OI' 5',00 FllT; THl!JICI lfDR'nmtLY, Wn'IIB,\6TZRLl, klll> IASTDLY .ll,IDIG B,\IO """"" A~ MC DIIITAIICI U,,. FHT -... C ........ L lJh:LI DP ,o•oo•oo• TO TH• SOUTKa:Lr 1UManr or SIO<ITlllmlT )4TII rl'rllllT; TKDcz """"" a7•so•u• a,.,.,. ""°'"' 1;AID &Olm! IOJIGDr 050.4? mt Ta THI! KCZl'lllm<T COJUIP; Of SAID lDT 9; 'tll""'I! SOlffll 1•,o•u• 1'IST ALD11G 'l'H 111ft t.INI OP .... ,., ,..,.. • A DIST UC! or UI .so J1!ff TD .. """"" COJOCJtVI TD TII! MOIIT!lll!ST IIAYIKG .. lll>tu• OP ,oo.u riff; HUc• SOUTIIIRLY, SOUTHHST"l:ltLI, UII> lrlS'l'Dl,1 AWIIC &.\ID CID.VI .... Ml.c DJ,,.....,.CI DP n1.11 nn 'l'llflOIJoa,. CEIITILlt, ...-ni or 70•,a•o•• TD TH! ""'IN· ·-· Lrn COMTAillt l.U, 75, ODIi""" Pl:l':T. 9 -"' .. ... SHEET 2 OF 4 FILE NO. BSP -014-92 I ·+ I .l BURLINGTON NORTHERN A BINDING SITE PLAN UTILITIES -ORIGINAL PLAT -OVERLAY SECTION 30, TWP. 23 N. , RGE. 5 E, W.M. SECTION 31 , TWP 23 N. • RGE. 5 E, W.M. CITY OF RENTON , KING COUNTY WASHINGTON S. W. 41ST ""4~)Y3 SQ, '1 <)219 a\CREs 161 10 OONP!:W><ATION <)F ACCE.<S TO 5TATf ~IG .... AY ~0.5 IE W.CL£Y ..... Y. I & OF CIGHT. v,n,. &!R TO TH£ STATE "' '""'5'< PER •ING CO $C.0:: >C>.5'09()3 SSMH -• ... ~1 SHEET 3 OF~ ' BURLINGTON NORTHERN FILE NO. BSP -014-92 A BIN PING SITE Pl AtL SCALE 1· • 120' ro '" "' ' i ' i ' . ' PARCEL CONFIGURATIONS SECTION 30 , TWP. 23 N. • RGE. 5 E: , W.M. SECTION 3/ , TWP. 23 N. , RGE. 5 E, W.M. CITY OF RENTON , KING COUNTY , WASHINGTON 34TH ST. ·~1 I I uJ :, z uJ > ., MOT£ -STREeT Ofl<TERlrNE OONTl'iOI. ~m ... RllJNO•Rlll)A()OF'SIJ«vE1"3 \IC\-.&:>,"' 1~ L/fjOE/1 •.c.RE~ HO. ,,ooi,•oo• S.W. --- 41ST --- LOT 2 44~/7.S. SO. l't I0.210ACRES ST. ---=-30 SEC 3J I I I -;~ I ~~ I ~i I .. t; I rj ·.!.,• ~;' i'" r ~i! I ·,;Ci I L-j I I I I I I I ' I I I I I I I• ,. ... j .=· ~ ~ u =· ~co ·--;;' no ~ -:;- >-~ r "' r 161 11 np;."TUCA~ VAut.r mu: KfDIW'T 1.IGKT ST......., U.Il,a0.Ul~IJUC ... ,-,,.,,...,,_ ""' =-, """'" ........,u S.UOlTIUI.T •Dia. IWIHOLZ T!~--1,1: ff.MFICI.IGIITfflJID.UD ntanlC SI"""" 'nlln'IClll:ll,\l.loOX ~·----MU'D 11A1NOC.1: IIAn:11 Ya.r,." UTILITY lA!DID<t """&HD CONDE .. NnroN "" '"""""" TO .S.TATE HJGHWOV No.or, \\IILLeY mnJ&OF LIG!iT' .ano 11 ··~ TO TH~ STATE OF WASH. PO XIM(: 00 . .S.CC, ,0:,.'7090> -... ... ... ... SHEET 4 OF 4 ~-lR~~~ 1.~· BR.O.SS C/,f' f< CONC. IN CASE 1/2~/8$ 0 '50'47"W_ 11:l,Jfl' DETAIL "A" 11ts TO RtllTDN NEYM*K COHffiOL (tlOT m SCAU) EXJSTTNO 20' UTllJTY ES/J'T PROPOSED FOR ','ACATION 115ll:l9ll00f LOT LINE ADJUSTMENT MAP q1511~CflOOG '()(;;!,so LOT B BSP-014-92 sec.so. TWP.2.JN.. RG£.5C., W.M. / CITY OF RENTON, KING COUNTY. WASHINGTON .~...--;,-LOT I ""' t<#~/ BSP-014-92 c,~ 0 • '>/ ® 10' unurr-tii N 7"50'fTW ' .. ,-.-.~ Nll7"50'o·w £ASE/JENT "'"" / l< B.I:38' ;:[~-,,,.,,-----~---517~'----·-----~ N877S()'47"W ,.: '-----~~:cc,--·-· -i--· . _----.a----r, '"·""' • 1:0~~;.-----~JT"6/gml~41W--br ,_-· -"281 --<+'--=-..:::--=---=-------, ro,o' 11 ,,' I --3,.,.., ___ _ i 2:500' I I 15 ,t r... 1 --i r--1S !TYP) / I I su: J<IOTE (j) :---:-1 -.-.. ,.111 ::. : t, l,-'~ .-:-· I_,, .. I :::i;,: I! . Ytbl ' ' ~ ~ ! ~ t.Or 2 .. :·· ~~ if -----,- @ I I 466,190 so. FT. I I AFiir/6dO:fi::kCE :'· G) Ji,: ,' ,• Naa:·~~W I I ,_. ,• I~ g !i .,; I .::,_.,. ~I! ~t{i/:~~= DECLARA llON KNOW AlL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED Ov.t!ER(S} OF 11-lE LAND HEREIN DESCRIBED DO HEREBY MAKE A BOUNDARY LINE AOJUSll,IENT THEREQr PURSU.i.NT TO RCW 58.17.040 AND DECLARE THIS A0.1.1SlMEHT TO BE THE Gf!APHIC R[PR[S[NTA110M IF THE SAME, ANO nlAT SAIi> AOJUSll,IENT IS MADE 1\111-l THE FREE CONSENT J.NO IN ACCORD.t.NCI:: l'dTH THE Do,IIIRES OF n£ 01',t,!ER(S). IN ..... TNESS l'MEREOF WE HA'.£ l£T OUR 1:1ANQ,!1" ~ SEALS. ,_, 106 180 City of Renton FIie No. LUA-94-157-LLA Clly of Rento11 LND-30-0123 LEGAL DESCRIPTIONS : {OLD) LOT 2 : A PORT1DN OF' SEC11DN 30, ~Sl11P 2.l NORlH, f!.'JIGE 5 EAST, W.M., OESa!IIIED AS FDLLIJWS: lOT l OF IIURI.DICTON NOll!lHERtl BtlDIHG-SITE PLAH (BSP-1114--i:z), PER UAP RECORDfD IN l()U)ME 1&1 OF' PL>.Ts, PAGE'S S TIIROUGH 11 IHCLUSI~ UNOEII IIECOROING HO.. ll'l0630Z6lil6, RtCGMIS Of' KIHO COIJtH'I', WASHINGTON. (NEW) LOT 2 : THAT POR110N OF S[Cl10N 30, TOWNSHIP 2.l NORTH., RANGE 5 EAST, W.W., PESIJll'lm AS l'OU..Oll'S: LOT 2 OF' 111.JRUHIITON NOR'IHERN IINDING SITE Pl.AH (8Sl'-014--i2). 1'£11 MAP Rt<DIDfD ti '¥0LUME 161 OF PL>.Ts, PA!lES ! lloalOlJGH 11 INQ.USM:, Lt1DER RECOIIOll<(l NO . ._,~ OF' KtlC covmY, 'IIASl,t!GTOH. AHO T1lOETKJt WllH '!IIAT PORTION OF' LOT 3, Of S1,10 IINOING SITE PLAN, l ffiG -™ OF A I.JiE, DESCRlBEO AS FOU.OWS: BEGHltlG AT A POINT ON '!HE E.ASTEJll.'I' IJN( 0, l(ll J THAT 15 23.IIO FUT S0Jnl Of TltE NOIITHQ.ST CORNER OF l0T30F'SAIDIIINtllNG51'1'E:P1.AH: '!HEHCE Naill\ llll'tlll'51"Wtsl A DISTNICE Of 61S.~2 FEH, 110R1: DR L.ES5 TO A POINT QI 1HE W£SlER\. Y I.ti[ Of SAID LOT 3 AND lHE TeMlll«/5 or 1HIS DESCRlPTION. SAit) PDalT OF' 1E;RMNJS BOIG IIO.M FEET SOOTH OF' T\fE ORIGlw.i. NDRnlWEST Cl.ilflE!! OF LOT 3. CONTAIN1NG 4811,111C SQ. FT. OR 11.181 ACRES {OLD) LOT 3 :_ ~ ~~.M':' ~~°41J.~~,2J NORTH. RAHGE _ -,!,OT ~ OF' BU~ NDRFl[l!N BINDr<C SITE l'I.All ·,'(im>-014--92).·l'Ell! MAP.Al:CORDfD 11'1 VOLUME 161 Of :l'IJ,TS, P~ B llflOU~ 11 INQ.USl'IE, UNOEFI IIECQRDING :,N0.112~, ~ or KlNG COONTY, IIASHM:TON. LOT 7 BSP-014-92 ~ ' LEGEND ~; ,' _:.!i·:__ ~-;f-·~~~-r.J: ... _ .. ~!~·.~.~~~°Ef.:fl:F.=~?~13~:__ -~~~J~~-f~.i= e SET ~/8" ~E8"'1 ,lo CAP "!,DA" <5'"' :-2.·.'· :/~J:'(D \(_ ,:-·.' [L..,;,cnr;-- 0 FOL1t1D/AC<:VTED llE8AA • CAP <!:: "<'' _..:· .,,· CONl.£.~cr: ARE!,_ f,1£W BOUNDARY LINE SEE NOTE G) AT MONIJr.ltHTtD I.OT COA>€1\ \!! . LOT}'· 'ro LO_T,'2' 1Q.(J£ CREA7ED BY \iSITEP: 10/11/94. ·• ' ARfA. -_11,017 sac FT. RECORDING OF THIS PRIVATE: , ., .-' (~ LOtij , I -tlly that I -.,. -o,ii\Jofoc:ta,y ..._,_11iat .. .-: .nl ... T POMTI01fOF SEl.llOtl 30. TQ-1> 23 NOf'll'H. 11:IINGE ======~=-~ tna Ntrurnont. an OGII> -"~ ,·tor,;\,f""t~~~'='= sm: PLAN :."1.::::: osllhortad ta nKUia ~--~=:.~ "°'::,"-4~:!4 .. -tti;J;·' l.rr,i~~-.~~:./1f"'r~US\~ ": :c:olNG -a>d -.ntsy act ol IUffl i-ty /or U.. u_..,!'['_4 ~ •• :.· NO.~. JIECOIWS OF" KING COUNTY, W"5HNGTON. mon!ianed In tho lnlllnrmont ·•: ••.. ·. ·· [)(WT 'll!AT PIJRTTOII Of LOT 3, OF" ~AIO B1ND1NG SITE Pl.NI, L~G NORTH OF" A ~ DESCftlf!ED AS fllU.OWS: {Pl. PlJ,T DATA/ 81JRUHOTOH .. i . ,;nl 9 •r ACRES OOCU~T. =~a;'JGl'l":ss. M(llmj[RN illNPIHO SITE PLAH /=:·,:. ~~u:r, i (R) • ~DLR:~&.ft'IEY / © ":,, .. ,___ .::: .-,-.. =~r:ry GFIJ\OIHG) l,WI t911:l/91 Iv ,.....__10· unurt'· ,:··3751 ·:· ··1S-"6EAYE!I I .1:1" ;/ EASEMENT ./Lor ,{ =· ~~~.0 i t:li-. l~"!, ~--·· ··:-, ':' .::··.j. ~C:i ~°' I\' !'>J5.osr'sa. r.r. ·===, .. _ .:.-:-· ! , @."'~ / .,,, .. ~:0:-:f~ @ 15·ru.'NDSC-if'E, : \ c:,..: 1 k UTILITY [,SM T--,, ,._, VJ ~ \\ ">l&J / .• .:1 \ ,,; ~ / I l&J \ \ ' ,~ .,, : __ _.: _:· _:·· : ...... .,,, _/', \ ~ g @ \::: ComJEMNAJroN OF A/;!tESS 70 STAT£ 0 ~ ~ Sq,atu,. or Notary P,abllo -------- 0•~ .;;;;;-;;;;;;-::===== M.y """""'""""t *""'" St<l\oo4c.,ilf<rn\o C.,,.,,,\y of•--------- APPROVAL A0M1NfS'mA.TOR OF 1\-lE PLANNING/BUILDING/PUBLJC .'t\<ORl<S DE~ARTMENT 0 1\-llS.~._DAYOF~ /\ \ I') <;S [20' UTILITY g.... 'HIGHWAf'/{o. 5 (E._:l'AU£Y HWY..J .t ;:;! (q.'·l<l \ ',, ,5 "> EASEMENT . ~ OF LIGHT, \,f£W .I: 'AJR ro THE Sl"AJ'E" r,,; .:· ,5 ======~~~~~::::~ ;=======J,, ====J94.2}""================1~ ~ ~ ::-1 h 1o@nuTY £SM r :. rt;1:W.PER ---tNTY s.c:~-···-~-. <!:II· 11i'G10 ??iirnr s .. (i&E:s'-iile.·.~eTOll 1 Nll9'/J!','2S"W / BBIJJ'....-~--1.. "~. : mrryc 'ES 'IHI~·--8 .6 BF s_ SEC. JO ff.fl~ '2s·w !'-I :-------r 24' BU/LO/NC SETBACK SEC. Jr ------r::-~ ~------ 0 PER REC. NO. 8J0504G070 a,. i i J ~ :t - S£C. JO S£C. JJ '1,,W---,:+--1 j WAC 332-130-100 ® , + • ~ L __ -166,67'-----------166.67'------, EQUIPMENT us.ED: TOPCON 8TS-3C, 'J" THEOOOLITE/EDM ~ lO ii r N88'.J7'07"w : J N88'.J7'07"W i @ : I: 1G.6T --1 : ,__10· unurr W4C ?.32-130-090 WO SURVEY PERFORMED 8Y FIELD TRAVERSE AS PER WN:; ~32 -1~0-090, P.IIRT C. so WO SCALE IN FEET SCALE: 1" ~ 100' 200 l,IERIDI~: P£II BURUNGTON NDRIHERN BINl.llN<i SITE l'I.All NOTE: 'Ill~ BOUNDARIES, AS SHOWN, ARE B~SEO UPOO lHE !IIJRUNCTON NORn£RH 81Nl)jNC SITE PLAH AS RECORDED It. Wl.UME 1G1 OF PL>.Ts, PA<Jei 8 llflOV<lll 11 INCI.USl\'E, UHOEJI RE=Nc NO. 92CHl:l02e9\I. RECO!lDS OF KINC CDIJNTY, WASHINGTON. j ii '.\, I ,__ 1G.67' n. i EASEMENT ':' ro o, ,"-'I iJ<, ot ,1<J I i: i g ~ ..: -~.-~~ "'{ -~ g ::: c;; o~' ~l<:i ~~ & .... , i;ic;; i ii a,. °'l \/ / <:;if; ~<:i "V /'' <:i 1:, ,1:0 ,1 <!::• I~ ~ ::,: , i / [ ACCESS ND i' ' : ~<., [ N88'49'~'£ RECORDING NO. . . JOO .. - [:: unurr SM'T ' i J9.ff - -------1.l.l_ ~ ~ ·--10.5.67'- RECORDER'S CERllFlCATE .~.?.'.-t:..!!,.,..~~:""',~ filed for re<:ord thle..?.. .. ? • .''.".doy of-.,19""-: .. af/.~t.4 !n bookl.R..l< .. oU::t!'!'!i!it poge/.1.a .. ot the request of HORTON. DENNIS. & ,ol.SSOC .... l~C s. w. 41 ST STREU ~ l6.6B' N88':J7'07"W ~" --:7'~~~?-,nt<-:i~-- RELEASE OF ACCE:SS TO THE STA TE OF WASH. PER REC. NO, BOOSOSO:iBI. (!,A,"'1,,r., (2'-/J"'),;t.,-'J .................................. , .... Supt. of Records .fl:~NING AT A POINT ON THt E.I.STEltl.Y LJ<E OF" LOT 3 I:' ~T31~~ ~~~ llFP'!...O~~ NOIHl!E/.ST CORHE1I OF" THENCE NOftl'H 81ro11~1"WEST A PiST~tE (If !75.52 FtET, MOME OR l.£SS TI) A POINT ON lHE KS1Dli.Y Ur,IE Of SAIi LOT 3 AHO THE "!Efl .. ll'IUS OF" THIS OESCR1f>OOM. S,1,(1 PQINT or ~us BOIG &Cl.BB FEET SOUTI-I OF" "!ME Olll~Al NORlHIIIUT CORIO Of LDT J. (l()HTAIHll'(I: aJS,094 SQ. FT. OR 12.2M ACRES NOTES : (D A 15' UTILITY EASEMENT 7.5' ON EACH SIDE OF THE CENTERLINE IS RESERVED FOR THE CITY OF RENTON UPON RECOROING THIS DOCUMENT. @ EXISTING EASEMENT AS NOTED. HORTON DBINIB l AIIOGIATU,. INC. !H!IBl CONlll.TIN8 B18INEBl1 J20 SecDnd AV<J. South Klrldan~2~:) 9~1~~:Jl LAND SURVEYOR'S CERTIFICATE ;,,.:~;~."=BOUNDAliY LJ~:·AtiJUS)'"_l•olEJH corrsctly . _ rep,:ooaents a .Ji"'"""f." mods bf.' ms or: under my ·: !':!~o:t~t~:::f~ance. :"'_i.t_ti.-~t(.l\e· -~.~~ .·.'':5!\_.,.J.·~0.·!l-1'.:,;"< 199, ,-, ,' .... £IO'IIIU 1/U/,."r :::.:'.~k;~~it> SHEET)_ of 1 HOA Job No. °9:tJ96.{!b -HOME BASE" -----~" ,__J ~602139001 48·12fi CITY OF RENTON .. LOT LINE ADJUSTMENT NO. LLA-016-85 .A Po/'.tion··of.the SW 1/4 of Section 30, and A Portion of the NW 1/4 of Section 31, Township 23 North, Range 5 East, W.M. King County, Washington ~ I Ii =•o' " ::z: ;l I BLOCK c:. • I!: "I ,, ~ "~ I' I ,: ...... ·-· • ! ' mz i 1~ r ,-~ ~-I 6 :1,, 3 ~ .... _. 11/ ::1 . ,.,J .. -.. "§ "" -_ r 1// : I ; 1.;·1Lu . . .. ~ I _., .. -::.:.jd/ _ .... · I N :;~~~ : _;;?' t• · "';rw LOf I '•'"""'.>]i · 1 w . . . ···• ,r, • • ....... ·iii. ;i~ :~,_,,..,.,.,"'-"'.,,· .,.. ,i: i{ LOT2 "'""·,-·,2.trf ~4'~4~=~~11· i~if NE 114 ~.w{4,,;;;, i I ~i 1· I~, . RECORDER'S CERTIFICATE Flied for roccrd this ..13...._.c1oy ol LJl.8-., 198'P at Jl',112.A.M. In t>ool< ~of $1.rwiy• ot p<l(I& .i2.fl. at lhe ,..,queol ol ~·~ ....,...,..,.,.,.. .. ..,7 S,.~s ELLEN HAltSEN Mciiioijer --- tAMES S. WEEKS Supt. of Recordo Cl'Ft. OF RENTON LLA--"016-85' A. LOt Liroe Mjusttr,o,nt for ~B 4 ..,>;1 :,5.; Blocl< 2, &.n:lir>Jton tlortN!rJ\ Orilin Ild,11,UR'l:- Park of Penton Di.,isiOll I, ..,. recorded in vol. · 10a of Plat:3, l'-s 12 am ll.;_-.~~ o! King Comity, Wilshi.n;itlXl SURVEYOR'S CERTIFICATE Tt.1 mop coc~ctly represents o sur.ey mode by me or und&r my dinllction in conlormor,ce wilh th! re.,,;remonts of t~ s,....,y Rococdilg Act al the request of ~ Manaaomeot SV0!8ffl§ ;~ Jont.a:1,v , 199.li ~~ ,r;tJJ-,,•M::: Gr.orge W b-__ :__--· Cer111i<:ote No 6229 lliiii SCALE: 3 1"~2cilJ'i•·.,,,,. LEGAL DESCRIPTION = Lot 5, Block 2, Bu<hr,;rton tbrthorn Onllu lr'd\1!1trl.4l Pnr); o[ fOOriwti Divi~ion 1, as per plat r=dtid in Vollffll> 10a of PlH-", 1'"'1"5 \2 am D, l<e!cor,ls of Ring-Ccunty, W...hu>gton. · .... Jlla:I....I.ULL .. :: •. : ·;.:,t 5, Dl.ocl< 2, .ll\,!rlingtoa;e·llorthern Orillla Ini!ustrial l\>rk of Renton l~t/1~ ~~~,!ti-.~~ ~h~=. lOB ot Plat,,, -· 12 ·'(.. ~R \<lb!~:~ BB fe,,t u raea,ured at right angle.!! to tu, · ··.: ,, ~t pc_,ierty ll.l'IE(·.bf Lot 4. in Bloc); 2 of Burlington tbrtMrn Or1ll.i.a 'Ir<tus4'ial. Far!< !].i"Rent<m D1v;ijJ,Q1?.I, ~• pet plat «.eotded in 'Kol,...., 108 of Flat>r, O!?."P&'l"B 12.~ U, ~.o_f R1"9 Cc<tnty, W.:.s.h1))gton.a S).~ in ~--~ity o~?,;l:M, O:>Unty of K~;,::,:;_t.atc o[ ..._.hing~/· fll.Ilut~.?,.'' ·.• ""··········., .. _._).' =· .·.· .. ·. Lol 4.;, 0 'Bl.o;;k z,•'sw:ll"'.lton Nort:ho,rn Onlli.a Irrlu$151 ~·of Rentori·· . ···=·~:on~ds ~K~;;\~~z~~~::~~I~~ 10~.:PE.~l~~--~.s l~.···· Lot 4, s1oc1<:":i, Burlington Nortt.arn oriUl.~ lr>.l~ial l'ar~.:Ot !lent.on Dlvis;m, 1, 8s·pa~.P/.-kft,<>;>~ in w,~ l09;0f ~Lats, 11"-<,e,, ll and 13, f<ecor<ls of K10>; =.~Y, Wash:i,,gton. ·· · IC'.C&P'l' I.he Wes~ QB (...,t as.~Ol::!'fl."·~t ri.gl;{.u,;rl<,~ t<>;tlie 'ilw!t prq;,rorty liM of Lot 4 rn Block 2 of l:IO.u:11(",lton ~n Onl,if,a lr<lustrial Park of Renton "iviaion 1, o.,, poor plat~-•'\:%.I.'""" 108 of PIAte:, ,~ pages 12 <ll'Y.l n, 1<ecc.-d>r ot King caunty, ~mn. =n: i.n th& City ot Roonton, COunty of Ki"'), State of Wasl"ti.n,ton. APPROVALS !HIS MAP HAS BEEN PREPARED TO DOCUMENT A LOT LI NE REV IS ION 1-11 rn IN HE CITY Of RENTON. EXAIIINEO AND APPROVED THIS.!',::, DAY OF,)A.J, A.O. 1986. z{'-t.,,. ,.,,fC .J..Jv.,...,.,,tj;.· • ._ OrRECTOR-DEPT. OF''PUBLIC 1-KlRKS .. :·EXAll;~~-·.ANO'"'APP~EO THIS~OAY OF....L::_A.O. 1906. c;.;,,;;..,., ... ,.l/ ..i/ ~,?.!'.'.,.,_ '. ··- BLllt:D.I.NG ANO lONING OFFICIAL . . : . ·.·Ex~1Nrn:·AN0 APPROVE0-.rn1s if_OA.i o; ir·6. A.O. 1906. ,.·:·· .. :,.=; !J . ~-·. «<, (if'.··· r, ,U/~_,;1-·. K I ~-Ii COUNTY : ASSESSD~:-'. ,';foii,'v .~,~~-~-~·;;;D", pf ·: .::-'~J!:'.f;~~~t'° ·... 'II RECORD OF SURVEY IM·. P~oPtrty M·a~e'rriti:tt-s¢.tima 1, 18902:'Des,,~'?in~.WdY ~i: Bldg._.~·· Seattle1 WOSfii"ngton _.,:· 9814_!_. djs ,. 1852 KING COUNTY, WASH!t{GfON No 161 8 BURLINGTON NORTHERN FILE NO.BSP-014-92 A .. BINDING SITE PLAN SIGNATURE PAGE SECTION 30, TWP. 23 N. , RGE. 5 E, W.M SECTION 3!, TWP. 23 N., RGE. 5 E, W.M. CITY OF RENTON l(NOW ALL "!EN 8'i THESE PRESEN'I'S TMT WE, THE ll1'0ERSIGNEO, OWNERS rn FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY OECW.RE THIS Pl.AT AND DEDICATE TO THE PUBLIC FOREV!:R, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON HI'l'li THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND HLI.S, ANO Tll'E RICliT TO COIITIHOE TO ORI.IN S1,IO ROJ,DS AND WAYS OVl::R ANO ACROSS AN'i LOT OR J..OTS, WH£RE NATER MIGH'l' 'JAKE A N11TURAL COVES£, lN THZ ORIGINAL REIISONABLE <.RADING OF 'MIE R<l1t.DS ANO N/\YS SHOWN HtREOH. BURLINGTON NORTHERN RAILROAD PRCF>EF!TJISS, I~ A C€LAWAR£ CORPORATION ,,, })/.~·ttci '"' y'..:,. 1"1....~::_ STATE OF WASHINGTON) ' .. COUNTY OF l<INC ) CERTIFY THAT ON THIS ..Z~ ~ DAY OF 19.f'_..t, BUORE ME PEii.'so'iliiLJ::Y APPEARED ' IS TO TO HE KNOIIN TO B E OF BURLINGTON NORTl!ERII RAILROAD PROPERTIES INC., 'l'llE CORPORII ION THA'l' EXZCOTED THE \HTHW !\ND FOREGOING lNSTR!lMENT, ANO ACKNOWLEDGED SAID JNS'l'll!lMiNT TD BE THE FREE 11110 VOLt/NTIIRY ... CT ... ND DEED OF SAID CORPORA'l'lDN, ~~:T T~U!E;' 11~~,.;,ui;;o;Es 'l'HE~~t~}~NTIOJNE~i AI;[) EON )o~:.ii~~~i: TO EXECUTE Sl\rD INSTR\JMENT, IN llITNESS WHEREOF, SI\IO CORPORATION HAS C:I\OSEOJ:HIS tHSTR\JMEHT '??BE EXECUTED BY ITS PROPER OF!"ICER 'l'HIS .,;t~· DAY OF r t _. 'H~ IN WJTNESS WHEREOF, l HAVI:: HERWNTO SET MY HAHO ANO AFHXED MY OFPICII\L St:AL 'l'HE DAY AND YUJI. FIRST ABOVE WHITTEN, STll!f ~,w°ASHINCTOHJ ·"'{',.fNT/'J.' KlNG l '"" , TO CERTIFY THAT ON THIS ~J,/'~ 01\Y or ~~. BE!'ORE i,i:,; PERSONALLY APPl::AREO < TO l'!E NO TO BE Tl! F GLACIER PARK COMPA- NY, THE CORPORATION T T XECUTED THE WITHIN ANO FOROOOING IN- STRUMENT, ANO ACKNOWLEDGED SA.ID INSTRUMENT TO BE THE FREE ANO VDLUNll!.RY l!.CT ... IID DEED OF SUD CORPORATION, FOR THE USES ANO ..'lRtP~SE: ;HER~~N IIENTIONED, AIIO ON OATH ~~:,;Ron.it~ EXECOTE SAID Iffs'l'RUMEIIT. lN ',/JTNESS WHEREOF SAID CORPORA'l'IOII HI\S CAUSED THIS INSTRIDIERT T~ BE EXECU'l'EO B'i '1TS PROPER OFPlCER THIS -3 4,1""-DAY 01' ,k • . ' ,,y. 1: iiITNESS WHEREOF, I till.VE HEREUNTO SET l'!Y HIIND l!.IIO ArPIXED MY Ol'l'ICIAL SEAL THE DAY AND ¥EAR FIRST /!.BOVE iiRll'l'EN. --~~-p~:·· "-';7, l,f .. ·~,~~•O• e-.;~,.,',;,\ ft"~ ':\f:'i \<~z.~:· ·~ vracii1~rDN, w=.,, THAT PORTION OF BURLJ:N(lTON NORTHERlf ORILLIA INotlS=IAL PARK OF R!:lf'l'ON DIVISION" I, AS PER Pl./!.T UCORDED Ill VOLIIIIE lOB OF PLl!.'l'S, PAC.ES 12 AlfD lJ, RBCOROS OP ![[HQ COONTY, DESCRIBED AS FOLLOWS; BLOC}( 2 / LOTS 1, 2, 3, 6, 7 AND B / AHO LOT 2 OF CITY OF RENTON LOT LINE AOJ't1STKEIIT 110. LLA-016-85, R.l!CORDEO lrtlD!:R KING CO!m'l'Y R.llOORDIN(; NO. 8602139001; ' TOGETHER lfITH THOSE PORT:IOHS OF RAILROAD RlGIIT-OF-WAY LYING ADJACENT TO LOTS 1, 2, 3, 4, 7, 8 AND 9 Ilf BLOCK 2, AS SHOWN ON THE PLAT OF BORLIH<l'rolf NORTHERN ORILLU, lNDUS'l'JUAL PARK OF RDl'l'ON DIVISION I, AS PRR PLA.T RECORDED Ill VOLm!B 108 OF PLl!.TS, PAGES 12 AHO lJ, RECORDS OF KING COUNTY; SIT1.1Al'Z IN THE CITY OF RDl'l'ON, COUN'l'Y OF XINQ, STATE OF WASIIING-ro,. ...,,,,_., PARCEL B OF SHOR'l' PLAT NO. 378-79, ACC:ORDIH<i TO THE SHORT Pl.,/!.'l' RllCORDEO lllfDER KIN(: CO!lN'l'Y RBCORDIN<l ND. 7909249001; SITUATE Ill THE CITY OF Rl!tl'l'Oll, CO!JMTY 01" XING, ST,.TE OF WASl!JNG-ro,. KING COUNTY , WASHINGTON DEVEt.OPHEIIT OR CONSTRUCTION OF Ml~ IIIP~VEN!ll'U UPO!, '?HZ REAL PROPERTY HEREIN DESCRIBED SHALL BE Ill ACCOROAli'C:E WI'l'H TllE BINOJHG i~iE(:;:,;;, A:0.~~v~I~!_LT~Jici ~ITR~:~~~~At!PI!O~~}\y ~:~ CITY OF RENTON 011 !'f/lt.._, 19_. THIS BINDING SITE PL/Ill ANO ALL OF ITS REQUIREMENTS SH/ILL BE LEGALLY ENFORCEABLE 011 AN¥ PURC!iASER 011. OTHER PERSON ACQUIRING AH lNTEREST IN THE WITHIN DESCRIBED RZAL PROPERTY AND ALL PORTIONS OF THE PROPERTY IN THIS BINDIIIG Sl'lE PLAH ARE Sl111JE<:T TO SETBl,CI( REQUIREl!ENTS Of CITY Of RENTON SUBOIVISIOII ORDl1'i"AIICI!:. U.NP Sl!BVJ!YoR 1 $ CERTTfIC&Tf: l HEREBY CERTIFY THAT THIS BlNOIN<i SlTI!: PUN IS BASED ON THE PROPERTY SURVEY I\S PREPARED BY BUSH, l'IOED ANO HITCHINGS, INC,, l,ND RECORDED UNDER KlNC. C01ll'ITY RECORDING NO, 'll0515'100~, THAT TIil'! BEARINGS AND DIS'l'ANCES ARE SHOIIN CORRECTLY, AND TH ... T THE LOT CORNERS Sl!ALL BE SET ON TH£ GROUND. ~:I!'~. ,~..,, J~-: Y J. NCIWmS, P,L.S. Z80tz """""" EXAMINED ANO APPROVED THIS .1::.i_ DAY OF~' H92 11..0, A~'ilm~~f'§'iJ®fNG/BOILOill(l/PUBLIC WORXS <:!1°'1 of:' ~fUtTo~ &5SESS9R'S CERTIFTC&U: EXAMlNED 1\1'!0 ... PPROVEO THIS ..2..£._ DAY OF )wJ , l'l'li A.D. d,,R..wt+"-t, [ .. &2-tc:h / ~ '.'.'d-..::.. AS9E5SOii b UTY l\.5SESSOR :rJNP,Ho; PIBEM'QB '$ CEJITTl!Cft'.TE• DIREC'l'OII., iINc. COOll'l'Y OFFICE OF 1'IHAl'IC!' ~ DIRECTOR OF l"INANC£ l HEREBY CERTirt Tlll,T THZRZ ARE tfO DELI1'i"QtlEIIT SPZCI.AL A8SESSXE1!TS lllfO TH.\T ALL SPECI.AL .\SSESSIUIITII CUJ'IFIED TO TRB CITY TREII.BIJRER FOR COLLKCTIOH 01'! ll1'Y PROPSRTT BEREIH COHTJ.INZD DEDICA'l'EO !"OR ""'"'', =n:z: ~~, ~, m "" " rn. ~ ,?---- o±';crif OF ~II (,,/u-_/92,_ !)FpJCE OF 1'1NAN'c:E BKCORPJNC C!IBTJUCftTC: FILED l'OR RECORD U' THE 11.ZQUZBT OF THE CITY 01" RENTON TRIS ~ DAY OF~' 191,}_, 11.T ....J.L_ M:IIIUTZS PAST ~ ~;E;~~I~ I~~=All~. OF PLATS, Pil.GES .Jl..::..LL.._, RE- DlVl:SION OF R.llCORDS AHO ELEC'l'IOHS -... ... 00 SHEET I 0~ 4 161 9 BURLINGTON NORTHERN FILE NO. BSP -014-92 A BINDING $!IE PLAN NEW LEGAL DESCRIPTIONS SECTION 30, TWP. 23 N. , RGE. 5 E, W.M. SECTION 31 , TWP. 23 N. , RGE. 5 E, W.M. CITY OF RENTOl'J , KING =· PARCEL I OP CITY OP Hll"°II BROll1' PLAT NO. 371-7', AB RBCORD"" "'DER UllO COD~'l'Y RBOORl>Il«l 110. 790920001 AJID DHCRIHO AS l'Ol.LOW5: M<:INMII!<: AT 'rllll >IOR'l'llu.ft C01t11D a, utr I OP DLO<:lt 2 OI' ..,.,, PI.>1' or BUR.LUOTOll KOl<Tli!gJUI <>llJU.IA Il<l>U!TIIIAL P.UU: or RBXTOII ... R%CORD!I> nr VOC,OMB 101 or l'LA1'S, 1'1'CBI 12 IJll> 11, = or XINCI ~":";; ::,~B~l ~:'ii!:,, &O~.:;:o;;:r· ;,•:r =:"coTJ'~v~: 1'1E 11(111:THVEH 1111\llJID A"""'"' a, Hl.n nrr; ,.,, .. "'" BO\l'rKU,.. """ ~. -""10,,,,,....; )JI 1JIC DISTAJIC:Z or •••. .,., l'HT TllltOUCH A C?lfT!IAL l.!ICL! OP 76'01'0' TO A POINT OP COJIPOUHD ~~~:; =~ !,._"g=~L~r .. ~1, ~=~·~" c~~ or ~-n•,1•; TIIEIICB IIOIITII ···~·n· EAST ...... nST T<> "'" 8ourH """"'" or 50trr""Bl<T .. ,.,, OHH'l'I 'l"IIDIC'I BO'OTII ...... ,,. !!>.ST •cc.o, rn,r ALON<l SIIW '1011m ll1JIGIM 'rO 1:11! IIIGIHlfDID. LOT CO>ITAIHS 1'0,0U SQUARE n:,;T. u,u, """-'I' PDll'MOII rn M.OCt; 2 or fflS PlA1' "" .......,_ "",.,..,,.,, ,,,.,,... LL\ :DmllflRill ~""" o, llllr1UI< u 11ZC01t1m1 111 VIILOIO 101 or PU.Ts, ~-U .urD 1'. ~ OI" :UNG t,OO;IMT'l, ILUXIHG:ro>I• l>OS<:IIIHID A! POLLOIIS: ~unir,:; "' TK! IODTIIL\S'T CORllb op LOT • OP UID BLOCK ,, 'ftlDCl ""1t'ftl 01•!D•09• u.sT 069.U PnT UOII<: 'fflll &MT Ltn OF ""10 ..,... 1 A DI8TAJl'CI or U5-U 7m TO A CUJtY• QO>l<:l,Vll 'r<> ™" S011fl!ll'WIIT IIAVIlla. IUIDIUI or u.oo nn, TIIDCE Jl'OltTHDI,~. IIQitnfllDTSRLY, .urD DSTSRLl ALOIIG, SAID CIIRVI. AN MIC Dl8'1'1J1<:J! OF H,o, nn -A CDnrll,..,.,..., OF ...... ,,. TO THI! 50l7l'IIPI.l Kll1'GIN "' •=Tmu ..... ,...., Sftlll'l'; TllBIICI ltOltTR .,. ••• al. NEST ""'"" UID IIYGIII 151," PKft ,0 ml: ao,mi~ C<>l'!!IIR 0~ WT ! OF ~~ ~ 2,[ ~::f:c:°':.-" ,~:~s,•·;;;., ":f A "=z™Ja~E l.i<,"\~: "'"""'""" "'""". ~:ros rn .... ,. PUT/ TBJIRCI SO<rt'IISltl.l """ S011Tltll!8TZRL! A<.OIOO UID """""' ....... c DI&TUICB or .... GO nft fflROUGH A Clll'tlUII. >.KCU: OP 71"03' u• 't'O A POin 01' COl6>00lltl CURY• BMD "'"""'· BIIVYKG • RAD:tOS ur H, ... PBft/ 'l'KDCE Al,OIIC SAID COIIVI All MIC DllffMCE or ..... rn,r -• Cl:ll'l'II.U. """LI: or o>••••,o•; noon::,, SOUTH 07"50''7" 11,ff 51?.SI FUT/ TKEIICS 80UTH ····•·u· W!8'1' 20.00 P'lft/ T'IIDCE 801ml 0?•5•'"" SAST 't'O TIB BZ\lIIIKIIIG. =, ........ POIITION or Br.oa 2 OP '!:'Ill! PU.T or IDIU.IIIG'TOII NOlmlDN 08.I<.- ,.., INOWl'IUAL P1oJII< rn 1<DtC1i .U """1ROID IN 'W<>1m11 >OS OF PL>.'l'S, ~;: """ U, NBCORD5 DP Ktll'O COllll'n, IIASIIIIIG't'Orl, O!SCRIHC"" BZGUu,rc u TH SOl!'l'IIUST CORNA 01 <.OT i OF SAIO B1.0CX >; TKZIIC! B011l'll 1"50'09" Utt .U.OH T1U: ltAl<T I.IQ DF LOT 2 01 SAID 51,0CK a A DISTUICH DF ....... ,..,,., Tllac. JIOJt'l'II 18"01'51" 11!:5! ,,,,,. n:Br, TKIIIICI l!OR'l'II 1•,o•o,• l&IIT u.u Fn"r; """""" liOltTII n•o,•,1• HH lH.00 FUT; T'll!IICII "°"" •.••.••. !:>.SJ' .,.1, ntt; -· liOltTII .... ,.,1. 111ST )05,H !'!ft ro 'I'll:! OST l.lW• or TIIII Ell5T 17'.!l; TIIBII(:! IIOltfll 1•,o•o•• ~ AtmrG UU> VDr LUIZ o:.u ll!:IT TO ...... 5<JtlTI< Lilill DP..,...' or !IAlD &I,OC,X l: TRDc:E "'1UTB ""'"''7" UST~ SJ.ID SOU'ffl l.1111 U.ll HCT 't'O A r:tntvll a>NC'.AOI TO THZ HOlt'TII 11>.VDIC A IUID?CJ! DP 60!.07 n:IOl't -nrncz U.STEJ.I.Y llON,; S.UD Clm'II"" 1ollC DISTANCE 110.n FEET T!Ql(>!Qf A <:uTR.U, Allr>Llt o, 10-20•~>•1 TIIE!<CI 80IJTK "7°50''7" ~ Jn.,1 ....... ; Tl<Dr<::E SOCTH l'O''ll" lf!5T 20.00 nft; 'l.'Bl:MCE SC!ITH .,., •• .,. J.An 165.oo nzr TO....., a,annc,11e. =· .,,.....,, "'11t'J'Io• OF OIDCll > OF THE P~T OP IIUiLill'CTOK KOR'l'l!ERII 01'.]L- LU UIDUSTIIIAL PARJ< <.<T ltEll'rO¥ AS RZ<.'OP.01'0 DI YOL<Mi 100 OF PU.TS, ~~!'. lo>IO l>, R!<:Ol<OS OP l<lll<i C0""1'1C, WloaHIH<=JJI, DESCRl&>:D '-" CQKKEllCIKG A1' ..... SCUTIUWl1' """""" OF LOT ' or a AID a..oc• , : THENC~ SOUTH 1•00•0•• V!:S'T ALO>IO THI EAST LIWB OF I,Dr a OP EAlD BU>CI< •• O<lt'J'AACI! or ...... nff 'f<) THZ"""" POl"" or M:tlllll<I~G; TIIEHCE COKTJtrou•: 60ll1'K 01•so•o,• nsT ...... FEET/ O'tal!CE SOIITH •••u' 43' M£0T ll.11 FUT TO n,i KORTH !L",R<H" OF SCIITH>I'.,..,, UST ........... , """~E "ORTH ... ,, •• ,. nsT ALOTfC aun KIIRCIN lOS.07 nn, 'l'K!NCE KORl'>f l"30'H" u.s, 210.00 FEET; J'KENCE •oRTK H·n·o,• ... 3T ,u.o PE ... ; THENCE··=,.,,,.,,. w•sJ' '10.00 PEl:'r TO TIU: WOR'l'>I IURCU <>P OOIJTHK.,,,, HST ...,.IBTa TH ... CE l'ORTH a,•31•0,• UST ALONG UlO KUGIH 16,U FUT; TUMCS WOl<'l'H 1•,o•,z• .,,..~ H0.00 FUT: THlllC• l<Olt'J'H ••• ,. •• ,. NUT , ••.• 7 :!!~~, ;:.nN~~T "~;:~3 •;;:,; ~~· ..:~•J.;:.:.!..'s,'~~~E{~t:'',!,/~"~~ SAID Bll>CI( a; fflEriCE HOJtTH oi-•0•12• EUIT Lr>E ,0,00 FXn' TO T!!H SOUTNEMT <X!Ul<R OP WT O OF OAIO Bl.OC'I< >; T,u,IIC£ NOltTlf 6?"05'2'0 WEST ALON' SUD SOl.'Tl\ LUE ,.,.n FUT; THENCE •ol\TK ,••o·o•· UST Il0.00 rt"'; THSl'Ci !OOJ<TK 10•"'"'" FAST 21 •. 70 P'E!T TO TtlE WBST LIH£ OF THE llST 61', 51 "1:tt OP SAlO !I.OCK >; :r!IENC2 NORTH ,·,o•o,• UST ALO'"' 9AlD ... ., u ... ,.,,., •• ,,., TH••c• SOUTH ····•·&,• EJ.ST , ••••• FH!:T/ T'.Bgwc, SQ~TH , ••••••• •••T .,,n nn, THENC! SOllTH ........... ., Of.00 FUT; TK?HCI $01.'TH s•SO'M" 111:ST 13.BJ Pf:E'I'; TIIErlCi SW!'II $8'09'0l" ~ >'1.90 ZUT 'l'O THE 'l'ltUE POIMT OP IIEGIIIMIIIG. LOO' CONTAINS !75,lU SQU.\ltl/ '"""· COUNTY , WASHINGTON =· THAT l'Dln'I<ll< or 91.0CI< , or nm l'I.\'I: or ~ NOR'ffl-O">.IL· LU IMl)l>STIIL\L PARlt OP lmlTON AS U<:m!OID DI V<>LUt.11 >00 OF PU.TS:, :"..:";.!: MIO .,, -o• ~= co""", K"""lll""""· D•SClllBZD"" COl<NENCUO AT ntr OOUTH .... n .:o,urn or LOT l or SAID U.OCl< '' ™"""" B"'7l'H •·•o•o,• nsr AL<dlO nl! &\G'l' !.lllll OF ""'1'$ > .>JID 3 <.<T SUD Br.oac > A DISTMIC! OF l>2 •• <I Hz-<; ntDICr "°IITH 60'0' .. " 11'.UT 39,11 FEZ'< TO nlB NOHH la2<aB 0~ SOUT!IMEST HBT BTHUTI nlBNCE KCRffl H•J7' 01" KUT •t.01<C ""ID KORTH ll,\Jl~IN 105.67 FE"" :ro not.,.,,.'""'"' or n,;TMl!Iirc; ....,.m, NOll'tll 1·so•u• u.s,, 210.00 FUT; 'l'llrKC! NORTH 81''1'07" NIS1' 100.67 FEET; THEMCII SOllTH 1·,0·12· KU1' a,o nn :ro TK! N01'TH Kll]t,;IK Of SO\JT!l~U'I' HST STR"""/ THD"CE SOUTH H'l7'07" EA$'! Al.01U; S.AlD K>.RGIN L06." PE>:T '1Q fflE =• "°''"' 0~ ·""'""'""· LO'I COIITUKS 35,000 ~ FUT. "'"T PORTION OF OI.Oa 2 Of ffll P~T OF 9UI.LtN<l'fflOI MOltTIIERN OltIL- l.:U IMOU!mlllL PARl( OF R£>mH Ml RZCCRDIIQ I" VOlA!Kl! 10,, CF f!,1,'!'S, ~~;: ,\ll'll 1', """°""" DF IO)I,; CCW'l'i, WASl!IJr<;TOM, =CRIBW AS COIIKFill'ClKC AT THE SOI/THU.ST cm, .. ER OP ,.OT 1 OF ~uo &1.0CK %; TtmlCE SO<m1 1•,o•o,. """T M.oH<: 'l'IIB BA.ff UH OF LOH 2 Alm, ,,. sue BLOCK , A OUT.UC! OF 1'>6.41 FUT: TK<KCB SOUTH ••"H'H" ~T ,g,ll F!ft TO 1'kr HORTH H,Jt,;IN OP ,cu~IIWUT •lST STJU:£T; TH~CB •ORTH I0''7'07' WEST loLOffi> SAID IICJm< MU<:IK 10!.0' l'n'T; TH!NCK NORTII 1•,o•,:,• ~ no.oo FAT, TH ... ~. N(lPTII u·n•o7• W!$T U0,07 .,,..,., ....... Cl! SOU'l'>I 1•,o•u• w,s-r ,,o.oo PZCT 't'O TH£ NORTH KAl<QIN OF 801JTHKE6T '1$T STIU:n; TH£11'C£ KC!ml , .. ,, '07• NEST >.LO!IG SAID IW!o;IN 10.ff PUT n, THE THlll! POI>l'T OP 9,:C]N.1"C; 'f1ln!C" )f(,i>'!'I[ 1'00'12• UST 2'0.00 P"""; TlfEII(:" NO""' U'J7'07" ~t$T .... ., FHEI': T>IDCE SOCTH ··~o·i.· "EST 210.00 FEET TO u.:rn NORTH """"IK/ "'"""" SOUTI! "9"J7'0l" £UT l06.'7 F""1' :m,.,,., TllU! P<>ll<T OF UCI!<III!IQ. TIU.T POIITJOIO OP nee:,; , or THS PLO.T rn OUJll.,:ING'l'OH t!Olmll:IUI OJIIL- I.JA INDIJS'rF:lAL PAR>: <>f Nmrl'OII AS UCORD%C IH VOW>IJ! 101 OP PUoT!, PMl:S n JIJltl ll, Rl!COIID6 OP l<IIR: <:OU>l'TY, ns>rl•GJ'OW, -UID AS 70u,:nro, COMltl:SCIKO AT THI 50UT8US1' CO&ll£1< OF LOT I OF $AID 81,0C,X 1: TH>J<CE 501/'l'H >'00'01" NUT MDII<: TH! DST L!IIE OF u.n 1 or SAID 81,0C)! 2 A DUTUCI or OU.~4 ntt, THEN<:! NOl<TII 11•01•01• VEST 1'1.li FE""; t!IENCE IIORTII 1•,0•01• EMT 1'.8) Fffl'; '!'l!~C! NCRffl ea•o,'5t" ~HT 11!.00 FHT; t!IDCl NOl<'U PH'H" o:.,.,cr .,_,, nn; .,...,,,.c, nDltTll 0•01•11• WOST ,o,.,. n,:,:r :m TN! n,r,r un oF T>IE ,:,\ST""·" ...... <>• s.UD""""". JIJltl TII! TIWII >'OIIIT or HGIN- NIIOO; '?l!DCE IIOR'tH 1•.o•o•• Zll'I' .,,,., rur W TH IIOIJTH LIMB or LOT I OF SAIO 81.0CK lJ THll:IICE NOnH 8?'00'4'" Vll!T A<.01«1 !AID 5DUTH UK£ .,,0 lTI WtsTD.LY """L0NCATIOO JH,1' n1'!' TO TIU: EAST KJollCtN or :Lrno AYEriUE; TMDC! SOfJ'l'II , •••• ,.. WUT ,u.H ,n-r, nl•HCB LUVTKO SAIO !HURL• IW'IG'N 5D<ml OO•U•2"• """' J<l,O• FHJ;T 'f<) TIIE M:tlllll<ING <>P .. JfOli-T>Jl'C ..... OUJl'II': CO>IC.0.YI TO THE NUT KAVUIC A 1W)IU5 OF ,oa,.,o 1"111'1', OAlD OUJIV• LlUC C0>1a,,mac lUT!I AIIO ,.oo FEl!'T .... STULY pp SAID U.H£Ju.• IUIRCIN (A u.nn,L LINE Tl<l'!Olx:JI $,\!0 S""Ilf>UfO 0U.U SOUTH 17"06'•1" :EAsTI/ TH.....,. SOUTH• EIOL• H. 59 UIT ALON<: U1D CURVE THlloUgH A CPTRAL ANCU OP O>"U'H" 'f<) TU BUIHKINO OF A <::Ol<l'OUKD 0::VRV! CONCAVI TO TH• """"'IIAl'lllG A""""'" or •••• ,. Pl:IT; '1'1<£Nc• 50UTlll:8L> IB.tD FEIT ALOlf'l 5AlD C\JRVI THROOCH A CHTIUIL AaGLE OP U"11'2l"; THENCI SOUTH u•,o•n• HST '71.01 FnT TO SAID us~ IIAROIN OF LINO AVlllU£ AND TH s•<'1BKIBC DP A HON·'l'Al!Clll!T CURVE <:Wlc:/IVll 't'O ffll EAST IIAVING A R!tnIU• OP 1151,0! Ftn IA ....,lAL l.1111! TKROUOJI 6AI0 UCUNIIIC HARS HOltnl ao•n·o,• lll!ST); TnDC! SOUTKEltU ALOW 5AID cu""" .., ARC DI5TAIICI o, ..... Flft :ro THE SOIJTK LIQ! or LOT• or SAIO BLOo; 2; TH.ON<;'!.,,.,,.,, 19•0,•2,• U.ST """"" 9Al0 SOUTH LID, ••• ~, P!l'II'; t!IDCE .,, ...... ,•sa•op u ..... 1'0.00 F!l'II'; TK!!ICI KOltTll ••• ,,.,,. u.n ,u.,o HE'!'; 1'111'1<¢B N(ll!TII 1•so•o1• EAST 24l.Sl F£ET W THI l'ltUI POIIIT OF B""IKNlNO. ...,,'l'"""ll<>t'OPH.OCll:2 rn n.PUot OF BUn.:IIIO'l'OH KOlt'l'lll!RN 01\IL- l.lA IlfDllfll<UI. PM!ll or """""' H UOCIIOII> XII' VOLVIU 101 or PL>.n:, ~: """ u, RZCOIIDS OF JUNG courn, WAllllI-, ou,::r,,a,;n ... UCllrN%HG AT TN! SOO'Tl!l!""T COkllER or i.<>T • IN SAID N,OCia '' T!ll',ll'CII KOim! 17•50••1• ll1tlr1' Al.OltC THII: lm!Tnl,Y PROLDN~A'l'IOII' OF SUD 90UTII 1.1MB 1'1, U PDT TO TRI MSTD:U RI<IH'l'-Or-""~ IIUIGlN OF l.l!iD Avntnlil 1'1!!11CE IIORTH 2'0• '37" u,ST .... 01 n1'!I' TO A Cffll:V1! COIOCAY! TO TH St>l!nl"""T UVIltO A Y.IIIUS OP 55.00 PUT) THIIC:l KORnli:KLT, 80nH~Y. IIIID 1J\SKl:8Lr ,...,..., UIO ""11.YJ: Ml""" "I"""""'" ... ,. nrr Tll8.<>l!GII A Cllll"l'II.AL UIOLI OP, •••••••• TO 'l'IIE SOUTlll:8L• _,,. or """"'lnlK6T ,...nr S'I'l<Eft; TllENC• '"'1<lTH 01•,o•,,• LUT """"; =o 80lll':II IWll>IH >So.u """' TO TII! HOlffl!ll'l!ST COIUl'!R OP SAID LOT g; """°"" SO'O'JII 1•5o•c,s,• UST J.lmtG THI: 111t1r1' LIRE OF 11.UD u.n 9 A PISTAIIC! OP lU.50 Pttt W A CW1Y1 COKCAYI TO 'l'IIE ""IITffV!ST llAYIU A lll>IT1ll or no.u H!T; TIHCII: SOU'rHHLT, 301JTKIIUTll:ltU, >.HI'! JIISTIIR:LY ALOllC SUD CVl<Y! M AJlC DIST>.KCI OF ~n.u n,:r 'nlROl)a A CE>n'Rll. Al«iLE or ,o•u·,~· TO TRI asu-•=· -"' .. .., SHEET 2 OF 4 0 FILE NO. BSP -014-92 " SCALE "" 1" z 120' '" E1~JUC>L VA~L~ flRE ~YDIW<T U....,. ST.UOAAO u.u.:ao..,, C<lln'IIQL AM P.Al~<:<)ll'TAOLl'I" ""'"" DA><M IWIIIOU S,\lllTlJtl SDID ""'°"'LE Tl:l.DIIOOl!"""""I.I: ftUPIC LlOHT rnvt>UI> ..,.,nc .,"""" ...... ,c ......... ..,. TZID'IIOll!Y,\1/U .....,_., __ .. w =~:~ ::) z uJ > <( I ' O' ~, _J I I" o FO. CAS£0 CONC. l,IOl,I, W/1 , 811•.SS PL"'-; (TYP. 7 P<.<as) . / BURLINGTON NORTHERN A BINDING SITE PLAN UTILITIES • ORIGINAL PLAT • OVERLAY SECTION 30, TWP. 23 N. , RGE. 5 E, W.M. SECTION 31 , TWP. 23 N. , RGE. 5 E, W.M. CITY OF RENTON , KING COUNTY WASHiNGTQN S. W. 41ST ST 161 10 "'"""'""'TIO.. QF -~ss ro STAT( ~ .......... NO.SI< v•LLn NwT.)8DF LIGHT, v1•w e ~•R TO fH~ 51'.1,TE OF w••~-""ff"'"" a, sec l().,rogo, ... .. ... ... Q SHEET 3 OF 4 ' FILE NO. BSP -014-92 SCALE '" I" • J20' "' ·~/ I I BURLINGTON NORTHERN A BINDING SITE Pl AN PARCEL CONFIGURATIONS SECTION 30, TWP. 23 N. , RGE. 5 E, W.M. SECTION 31 , TWP. 23 N. , RGE. !S E, W.M. CITY Of RENTON , KING COUNTY , WASHINGTON ,Uilltll' " -::~: ·-·--,u n ::· = >- u.J ...J ...J g f- "' <[ uJ 161 11 tuen:ICAJ. YAIIU' ., •• JIYtlW,UT LIQlfsT""°"""' Ml,...,,.,,,eo,,nt01,""" ... ,,..,.,,,~ .. ,. S'f'O• OIU<I~IWIIIOI.! .,...lTut• ....... .....__. T~IIWl!ll)Ll; TIUoFP>CLIOHTsT- TIUl.,.IC UCIIAL ,,,.vnc IJGII.I.L 11<1• -n= ___ ... UTD ............ • ._TD YU¥11 "'"-!TY U!J/EWHf _._TEO 00HD£MNAT10M OF ACC~:<S TO STATE H•G-OY 0/0,, (E. YALLCY ~wr.1 """ LJG~T, VIEW & Al~ TO Tit~ STATE OF W4SI<. "'-'" ••,o; oo. s.o.e . .., ~TOOO! -... .. .. .. SHEET 4 OF 4 FltED' FOR RECORD AT REQUEST OF: PtlGET POWER ATm: PATRICIA SNYDEP REAL ESfATE DEPARTMENT , P.O. BOX 97034 BELLEVUE, WASHINGTON 9II00')9734 PARTIAL RELEASE OF INTEREST IN EASEMENT -KNOW ALL MEN BY THESE PRESENTS that Puget Sound Power & Light Company, a Washington corporation, is the owner of an interest in that certain reservation and grant of easement referenced on the plat recorded in Volume 100 of Plat.a,. pages 12 and 13, under Recording No. 7809250902, records of King County, over the real property described as follows: ·< ,, ~ ;.~ " a a " ,, ,J' I < -, ,I ;1 -, "' ~· ~! :! = ~ a a ~ ~ I J' \ Burlington Northern Orillia Industrial Park of Renton. Said Company does hereby abandon and release all rights acquired under said easement in and to that portion of the above real property described as follows: See Attached Exhibit A 171 EXCISE TAX NOT REQUIRED () ~ Retorcb Oimio1 By .~ ~ , Oe))uly IN WITNESS WHEREOF>,,.Jta~d corpor ion has caused this instrument to be executed this~day of ~::c:,:.,a:r...,::..._ __ , 1992. 8'{: D STATE OF WASHINGTON) ) SS, COUNTY OF KING ) On this ~ day of , 1992, before me personally appeared WAYNE H. HOPMAN to me known as the DIRECTOR REAL ESTATE of PUGET SOUND OWER & LIGHT COMPANY, the corporation that executed the foregoing instrument and .s'he acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the purposes and uses therein mentioned and $he on oath stated that ~he was authorized to execute said instrument. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year abovo written. PUGET SOUND POWER & LIGHT COMPANY CORPORATE ACKNOWLEDGEMENT JV-ACOOl 4-DC-3516 ~-. ' -•, r ' , • ,, I ,r _ -'" 'I • ' ' (II{ \'.ti!·!~'"",• ' • , ,•' ',~,r. ',.' '·'' ,I ' 1.,' ~...vt1.,•, "·' .. . . ··;. ·.-~,,,,·.,' - m g .. ·,, i i ! ' ., !, ~ l I I l I 1·: I . . j ' • ,, " ' I t i :1· . '. EXHIBIT A Those portions of Lots 2, 3 1 6 and 7, Block 2 of Burlington Northern orillia Industrial Park of Renton, Division 1, according to the plat thoreof recorded in Volume 108 of Plats, pages 12 and 13, records of King County, Washington, described as follows: A strip of land 20.00 feet in width-running in an East-West direction, the centerline of which is the line common to said r.ots 2 and 3 and said Lots 6 and 71 said strip being shown and designated as a utility easement on said plat: TOGETHER WITH a stdp of land 20,00 feet in width running in a North-South direction, the centerline of which is tho line common to said Lota 2 and 7 and said Lots 3 and 61 said strip being shown and designated as a utility easement on said plat; EXCEPT those portions thereof lying within the South 20,00 feet of said Lots 3 and 6. Situate in the City of aenton, King County, Washington. "' ,= •,. ,, ~ ,_ .., ·::; ' "' 0 ... w :, Q ,_ WHEN RECORDED RETIJRN 1'0: Office o(lh!: City acttc Ren too Municipal Bui!d!ng 200 Mill Awcnuc South ken ton, WA 980~5 • RE-92-002 RELEASE OF EASEMENT KNOWN All MEN BY TIU:SE PRESENTS that the ClTY OF RENTON, a. munidp:J.l corpor:i.tlon, Js the owner of an casement acquired from The Plat of Burlington Northern OrillJ:t IndustrW Park of Renton Division I dated on September 25, 1978, recorded under King County Rccordlng No. 7809250902, records of King County, State of Washington, over teal prop,erty described ::1s follows: Sec Bxhlbft "B" attached hereto ·. (' A utility casement, 20' In width, being more particularly described as follows: ' '-.... Sec Exhibit "N att:ichcd hereto ' nm ClTI' OF RENTON docs hereby abandon ;J.lld rcle::isc all .tights acquired under abo\'C described easement. 1N .Wl1N~ WH.~REOF, said City has caused thl5 lnstrurncnt to be executed by the Mayor and City .~ ~-~) Clcrtthi$ -~'--'--------25_,_h_, ____ d!of __ J_u_n_• ___ , 19 ~. ,\. : :i··.~ ·;_,, ,c' ~SL Q&,s•.J,• \ '(;,_;&~... ..· ,,< l\1/1: OR ' ' -=-t::' N ~ . ,·'.< {(,tau ,v' . ~ WITNES~ CITY,_C_LE-,RK-- ~ STATEOFWASHINGTON ) ' ' C') :S CJ) COUNIY OF KING ·o ) ss ) ~ 0!1 thiS 25th day of _ _;;J.:c"";;;"c..· -----, 19 .21. before me personally appeared Enrl Clymer MAYOR, CITY OF RENTON, and Marilyn J. Petersen Cm'" CLERK, CllY OF RENTON, the Individuals that executed the foregoing instrument, and acknowledged said instrument to be the (rec and voluntary act and deed of said individuals, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrummt. IN WITNESS 'WHEREOF, r have set my hand and affixed my officfal seal the day :md year nbove written. Notaf) fie in and for the State 0 0 '-:, '. ' ''1111 L , \. .. ::4. ' , ·:.::.:~> .1 of Washlngton rcsldlng at ,...:R~ee:n;.toe,n:.__ ___ _ My appointment expires _1_1.:.).:c29;.;f..:9.::5 ___ _ F1lEI> FOR RECORD AT REQUEST OF 'l'RANSAMERIC/\ Tm.E INSURANCE CO. :!:.::1 1'' .' ." ._. '. ~:r.; 1~ 0. lilJ .. Bt.:Ut.!\fUC, WA ~l:!009 L I I , . . , · i j . ' ' ' < \ ' • • • EXHIBIT ~ Page 1 of 2 BUSH, ROED & HITCHINGS, INC EASEMENT RELEASE DESCRIPTION THOSE PORTIONS OF LOTS 2 1 3 1 6 AND 7, BLOCK 2 OF BURLINJ'.3TON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON DIVISION l, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLlJME 108 OF PLJ\TS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A STRIP OF LAND 20. 00 FEE'r IN IIIDTH RUNNING IN AN EAST -WEST DIRECTION, THE CENTERL!l<E OF WHICH IS THE LINE COMMON TO SAID LOTS 2 AND J AND SAID LOTS 6 AND 7, SAID STRIP BEING SHOWN AND DESIGNATED AS A UTILITY EASEMENT ON SAID PLAT; TOGETHER Hi TH A STRIP OF LAND 2 O. 00 FEET IN WIDTH RUNN!l'lG IN A NORTH -SOU'.i.'H DIRECTION, THE CENrnRLINE OF WHICH IS THE I.1NE COM~ON TO SAID LOTS 2 AND 7 AND SAID LOTS 3 AHD 6, SAID STRIP BEING SHOWN AND DESIGNATED AS A UTILITY EASEMENT ON SAID PLAT/ EXCEPT THOSE PORTIONS THEREOF LYING WITHIN THE SOUTH 20.00 FEE'r OF SAID LOTS J AND 6. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTO!l. POWELL DEVELOPMENT BURLINGTON NOR'ri!ERN B. S. P. WILLil'lM A, HICKOX, P,L.S. BRH JOB NO. 9l407,08/SUR54B JUNE 12 1 199 2 i: ,: L ,, ., ·' I . l ' '"' ! t, hi ij ~ t. ,_ ~ ) ; l w' => ' 01 ()1 rSC/.lPE a ES"1'r T r 0 ···{ f\) """ 1-""" f1 n ~ r--"''"' -, .... -,o I 0 0) I OJ ()1 0 • 1'11.: .... ""' z ,, I AVE.I EX~rnrr A LIND ···•·· 1,329.Scj -...,o:.__ J--,fl!!iir-+-11---.:-..11 Q.2°08' 51" E 1,169.08' PLA I =~~~~~~8_~ N 02° 09' 37" El JH~ "' . '.J C: i!! :j .J ,,,r 1 ... ::; ·r :.-·( 'I -c"' /I ~~ I ... - -Lro'LANosc,,:, a ;,L,-;,, EsM'r ·. Al.ONG STREET •RONTAGE PER PLAT. \ 10' TELEPHONE ESM'T REC. NO. 790509084 [' •f., \-(, ·t-;>. '") .,., '·i Y.• 1 ... ~ ... . ... 'I 'ti\ 5 20' UTILITY ESM'T .• !, >. I PER PLAT ( TYP. ) (,,:, J.__ V VALLEY HIGHWAY ... _____ _ N a, rJ) N 0 "' CD 0 .., N 8 a, ~ " " " "' ;::: "· ,, ~ ~ ! "' .- 0 ... ... c> Q '" ,- 0 0 • EXHIBIT B Parcel A That portion of Burlington Northern orillia Industrial Park of Renton Division I, as per plat recorded in Volume 108 of Plats, Pages 12 and 13, records of King county, described as follows: Lots 1, 2, 3, 6, 7 and a in Block 2; Together with Lot 2 of City of Renton Lot Lins Adjustment No. LLA-016-85 recorded under King county Recording No, 8602139001; Ami together with all railroad rights of way lying adjacent ta Lots i, 2, 3, 4 1 5, 6, 7, 8 and 9 in said Block 2 and adjacent to Lota 1 and 2 of City of Renton Lot Line Adjustment No, LLA-016-85 recorded under King county Recording No. 8602139001 and adjacent to Parcels A and B of Short Plat No. 378-79 accordiI1g to the Short Plat recorded under King County Recording tfo. 7909249001; parcel B Parcel B of Short Plat No, 378-79, according to the Short Plat recorded under King County Recording No. 7909249001; Situate in the City of Renton, county of King, State of Washington. 1'7S4/D05i'2/l l/92 :ll:A01l UKIIITA.n~1 .. i..: ,. .. .. ;;; " ii 1i :1 il. ·1 I "' ~ "· ., ,- ' • 0 • After recording return to: FOSTER PEPPER & SHEFEI..Wf l.111 Third Avenue, Su .te 3400 Seattle, Washington 98101 Attention: Michael Kuntz RELEASE OP UNUSED RAILR01'1l KIGHT-OP-WAY THIS RELEASE: madf! this ~ (.. P!: day of June, 1992, by GLAClER. PARK COMPANY., a Delaware corporation ("Glacier Park") and BURLINGTON NORTHERN RAILROAD PROPERTIES, INC., a Delaware corporation (11 Burlington Northern"). Recitals 1. Pursuant to the plat of Burlington Northern Orillia Industrial Park of Renton, Division I, recorded in Volume 108 of Plats, on pages 12 and 13 r records of King County, Washington (the "Plat"), Glacier Park rgserved certain rights-of-way as shown on the face of the Plat for railroad purposes. 2. A portion of the railroad right-of-way shaded in Exhibit A attached hereto has never been used for railroad purposes (the "Unused Railroad Right-of-Way} ; 3. property attached Railroad Glacier Park and Burlington Northern are selling the ("Property") more particularly described on Exhibit B hereto, which includes the area encumbered by the Unused Right-of-W;:iy; 4. As a condition to the sale of the Property, Glacier Park and Burlington Northern have agreed to release the Unused Railroad Right-of-Way; NOW THEREFORE, Glacier Park and Burlington Northern hereby release and relinquiGh all of their right, title and interest in and to the Unused Railroad Right of Way. Nothing her.ein shall affect the other rights-of-way created on the fact of the Plat, including the other rights of ~ays created on the face of the Plat that encumber the Property. (signaturee on following page) f(V? 1wrr,Pn f\1,fn 'fl\.A:·,,,.',: L L -1- l"T RE0t:r:<,T OF '.: ::, ''". ::co, .,1th A\·~·. J\"E V. BOX t,:!JJ Bellevue, WA 90009 j • I "' ~ "· ,, 0 ,_ ,., ~ 0 ,, ,- . ' i Ln al CD N 0 M CD 0 CII in 0 0 • DATED as of the date and year written above. STATE OF WASHINGTON ss. COUNTY OF GLACIER PARK COMPANY, a Delaware corporation BURLINGTON NORTHERN RAILROAD, PROPERTIES, INC., a Delaware corporation I know or have satisfactory evidence that is the person who appeared before me, person acknowledged that said person signed this instrument, on oath stated that said person was aut rized to execute the instrument and acknowledged it as the · · GI.ACIER PARK COMPANY, a corporation, to be the free and vo act of such corporation for the uses and purposes mentioned instrument. Dated this .;)~ {/(.day 1992, «4-:.U.{£,<&<~'L!.:..L..J...<~&&eY-'~ otary Public in and for the state of Washington, residing at My appointment " ,, ,1 ,, ft L ;, 1-,, " r ' i', r· r ,. I , .. i I: I I: j l • 0 • - STATE OF WASHINGTON ..., C7l Cll N 0 (') Cll 0 N .... ij (1) s u "' ,., "' :,; .... "· ,, ~ ,_ J ' ·, •.· '" 0 .... '" " 0 " ,_ ·.' .. , \ OOJ7IS2.Cl2A -3- =====-------------------------~ .... _ . .., ... ' ... ------., .. ~-.-·-.----· -·-n· !:: ;;; ~.§ ' g; c, . .. , ;:: . ,, ., II') en Cl) N 0 M Cl) 0 N al w I LCJT "f C :% • ~ .J L•T G, • • ·- -~ ·j !:1. .:r. ~ .J ~ I I' t ,! 1 a I: ~ ?. _..,_ e.lEQ. ,e.o ~A.ell!!<!:. PAR.I<. C<:>. 21!':./1.1-n:I 1',J , WA I zoe u, 5391 1/) C'1 tD N 0 C') tD 0 N ,_ a, 5 ~ " " c, "' :.: ,_ ,, . . , ~ !: ~ ~ ., C "' ,_ 0 ,_ "' " 0 " • • UBCU« 1: 'l'bat portion of B"1"lin¢on KorthDn, Orillia In4uotrial Park of Renton Division I, H per plat recorded in Vol11ma 108 of Plats, P•i• 12 an<t 13, records of King County, doacril>ed •• tollowa: . Lota 1, 2, 3, a 7 and a in Block 21 mGETIIER WI'l'R Lot 2 of City of Ranton Lot Llna Adju1tmant Ko, LLll·016•85 recorded under Xin; county Recording Ko, 8602JU001; AND TOGETHER WITH thoH portions of railroad r!.;ht•of•way lying adjacont to Lota 1, 2, 3, 4, 7, 8 and 9 in said Block 2/ Situate in the city of Renton, county of King, State of Waollington, ppc;u, J: Parcol B of Short Plat No, 378•79, according to the Short Plat recorded under !ling county Recording No. 7!1092490011 Situate in the city of Renton, County of Kin;, State of Waahington, - I .. ~ .. 15th May 91 Glai:::!'c~CR~•r~c~H,L..----==-----<>AYOI".'---~-----------''- --OS WEi:11 COMUNLCAl!ONS, J.1n., ~llANTll:D"l'O P:':ernenONTHWUI •IIZL I ... ~. HUll:INA"llt RIP"aARm TO A• THI: "Ta.11'Hi:llH1: COMl"ANY,• Olt TO ITI' 1"111:DIICUSOlt lN INTSl'IHT, AN ILUPIINT Oft RIG~Ol'h'l'f.'r UN»il THI: FOU.OWINO DDCRIIIID P'ROPll:RT't" •1TUATIID I King-COUNTY, ffATl OJ 48 ngton WtUCH U&IIE'ffi ca ltlOHT 01'" WAY II RtCOIID'U> IK THI: Ol'PIC'JH" T U itor 01" L\10 COUNTY IN aoo,~------ o, Plats AT l"AGL..C1c2:.... ·•:....c.c-~ PARCEL A That portion of Burlington Northern Orillia Industri.41 Park of Renton Division I. as per Plat recorded in Volume 104 of Plata, Pages 12 and 13, records of King County, Wa, described as follows: Block 2: Lots l, 2, 3, 4, 7, 4nd Bi and Lot 2 of City of Renton Lot Line Adjustment No, LLA-016-85, recorded under King County recording N. 8E0213900l; Together with those portions of ~nilroad right-of-way lying adjacent to Lots L, 2, J, 4, 7, S, and 9, in Block 2, as shown on the Plat of Burlington Northern Orillia Industrial Park Of REnton Division I, as per Plat recorded in Volu~e 104 of Plats, Fages 12 and 13, records of King Countyi Situate in the City of Renton, County of King, State Of Washington. FSTcel 8 Parcel 8 of Short Plat No, 378-79, according to the Short Plat recorded under King County Recording No. 7909249001; Situate in the City of Renton, County of King, State of Wasbington. EXCISE TAX NOT REQUIAEO z--aik:h~ Now. THlllll:,OPII(, l'OII A YALUAIIL.11: CCINB/Dll:IIIATION. RSCICIPT 01' WHICH ,. HQIIDY ACKN~WUEDGIU, TIii HLI(. ,.HONII: CON,.AN'I' HIERll:D'I' lllll.lLIIBU AHO AIIANODNS TO aAIP ORANTIJA AND TO~---·,buea1utc.._ __ _.,uccason11. IN INTIAUT THI: 11:AHNEHT ADOYE DbCAIBltO, WITH THlt INffNTfON OP' TEl'Ulll'llflTING BAID 11:A911:Ma.tT • IN WITNb9 WHll:AIICl',J,NI T&LEPHONI. COMPANY H.\9 ~H:D THUii PRDINH TO 911: D:ltCUTl:O THl9-16th Av DI': une 111 __ STATE o,: Wflshington COUHTV Of' ... ON TH19•-..J.tu;Jl.. ____ OAY OP June • Dau hin US WES'f, 0 £?//111™ICATIONS, INC, t>ilernc" arD'a:L-Ta.vm:ll'frQ)Af'l:RV" ., 4. L ,d11,,-C D. L. Dauphiny / To M£ l\"NowN TO na:: n,,, _ _.u,•arah"'-'Pufc..,Waa,xuMa,.,ne•eS••eer-=o,,.,,.,r,a,t,<,o,n,sc_ _____________ _ QP' nn; C:ORPOIIAYION THAT UICUTSO T:-IS WITIUN AND l'OAll:OOINQ IN.TAUMl'.NT, AND ACKNOWLHHlllC'D THI! •AID IN• ITRUMENT TO Ill: THI: P'REIE AND YOL.UHTARY ACT ANO CIHD Oir •AID COAl"ORATION, !'"CIR THIE U•Q AND PURl'OIIDI THIERII+ IN M£NTJONll:D, AND ON OATH 9TATl!I) THAT'--'he,e,_ _ _,. AUTH.ORR:ltD TO IXKC:UTI: PAID INBTRUMll:NT • RDIDINQ. AT Wood 1 DY1 l 1 e .• • I .... """ ... •• ~ ~' .. z .. :E .. <II < .. .. 0 .. <II < .. ., .. 0: '° co 0 LO r-- 0 N CJ', > z ~ :E 0 u .. z 0 :,: .. .. ., I!! e j .. m ~ 3: :,: ... 0: 0 z u ii: ti ~ C ::;;'.!.! .J :! .~ i (·; : ~ILl:O for Recora at Request o! i,m._ ________ _ 'dd=--------- " ~ • J ;-'~ ~ ~3 I ~"' • ::! ,I ". ' ..... ,:~ •• ' • . . I • ·: ··, .. , :.; ... ... ,, ~ ,-:.:; ., '· "' ., ,_ 0 ... u, => " ,- t• i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: • 0 • Alston, Courtnage, Mac.Aulay & Proctor 1000 second Avenue, suite 3900 Seattle, Washington 98104-1054 Attention: Robert c. Mac:Aula.y RECIPROCAL BABBIIBliT l\GRBBIIBliT ll'ITII COVENAliTS, COHDXTIONS A!.'1> RBSTllCTJ:ONS DBTWBEH HCWl\ REJIL'l/Y CORP. l\111) POWELL-ORl:LLIA 2\1180CIATBS AT REQU1'ST OF F\!.E!l FOR REC011RDTI E 1N$UR,\NCEC0, ='"'5/\]'YIE!UC/\ • ,o 11v""· 3.,0 l08lh Ave. Ni!. L--- • P. o. BOX 1493 BcUe<UC, WA 96009 j - N >:: 0 8 I:'- cj N " 0 " M ,, ,,, (.&) ;:: i 0 "· I N ,, ! (1) ~ ,_ ~ I ";i ' 0 ,_ w :, 0 '" RECITALS A. B. C. D. E. 0 0 • RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS HC Property • . Powell Property Shonnina center =· ... . ~-.. . l\ltT:ICLB 1 -DEFINITION OP BXCLUSI:VB BUILDING AREA AND COMMON 1 1 1 1 l 1 AREA , • • , , , , , • , , , • 2 1.1 Exclusive Building Area • 2 1. 2 Common 1\rea • • • • • • • 2 1. J conversion to common Area 2 ARTICLE 2 2,1 2.2 2,3 ART:tCLE 3 3,l 3.2 3.3 -US£ • • • • • • • • Prohibited Use~ ... EP,rthor Restrictions Permitted Uses -BUILDINGS , , , , • Location • • • • , • Fire Protection. , • pamage or Destruction ARTICLE 4 -COMMON AR1l1I use . 4.1 Grant of Easements 4,2 ~ , , , • , , , , 4.3 ~ •••••• (a) No Barriera • • • • • , {J:>) Staging for Constructi.Qn 4.4 Limitations on~ 4.5 4.6 4.7 (a) customers • (b) Employee~ . (c) General •• (d) No Use Fee • !lt..i.J.j.~nd service Easements Signs • . • • . . . • • . outside Merchandising •• ARTICLES -COMMON nRB11 D8VELOPIIENT 5.1 pevelopment Timing -i- 17Sl,/005:~/11/92 :0115\6 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 8 9 9 .. ;., ' I -,-::-:J "' .:: "· ., ,-_, ·:; . - ,., ~ 0 '" 0 • l\llTICLE 6 6.1 6.2 ARTXCLB 7 7.1 7.2 -COMMON AREl\ MAI~EHANCE Maintenance standards •. Maintenance bv Aaent • INDEMNIFICATION, INSORl\NCE owner's Indemnification ..• Insurance ......... . ARTICLE 8 • REALTY TAXES l\ND ASSESSMENTS e.1 Real Estate Taxes and Assessments J\RIJ.1ICL! 9 9.1 9.2 9.3 • EMINENT DOMAIN • • • • • owner I s Riaht to Awa rd Collate~····· Restoration of common Areas ARTICLE 10 • CANCELLATION, IIODIPICATION, DURATION 10.1 cancellation or Modification 10.2 Duration ... · · · · · ARTICLE 11 • RELBASE PROM LIIIBILITY 11.1 Release from Liability ARTICLE 12 -DEFAULT .•.•• 12.1 pefau}t ...... . 1z.2 Remedies for Default 12.J Attorneys' Fee§ 12.4 Governing La~ ARTICLE 13 -NO~ICEB 13 .1 Notices • • ARTICLE 14 -LENDER PROTECTION 14.1 Lender protection .. ARTICLE 15 -GENERAL PROVISIONS 1s.1 No covenant to operate 1s.2 Running of Benefits and Servitudes, Rights of successors ........ . 15. 3 Not a Public Dedication •.. 15,4 pocument Execution and Change 15.5 N2......J9.:int Venture •••. 15.6 Reasonableness of Consent 15.7 Lot 1 •.•. 15.B counterparts 15.9 No Consents 15.10 Wetlands 1s.11 W.....1 -ii- 175.t./005 :6/11/92:D:616 9 9 10 10 10 10 11 11 11 11 11 12 12 12 12 12 12 12 12 12 14 14 14 14 15 15 15 15 15 15 16 16 16 16 16 17 17 17 • ., I j N 0 ~ [" <d N .::j 0 " l'l "' u c.o "' 0 ~ N "· al ., ,-,_ ~ ,, 0 • RECJPROCAL E&BEMENT AGREEMENT WITR COVENANTS, CONDITIONS AND RESTRJCTIOHS - This Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Agreement") is made this 30th day of June, 1992, between HCWA Realty Corp., a Washington corporation (11 HC") and Powall-orillia ABsociates, a Washington general partnership ("Powell") • RECITALS: A. HC Property. HC is the fee owner of Lots 2 and 3 as legally de.scribed on Exhibit A to this Agreement (11 HC Property"} and as shown on the site plan attached hereto as Exhibit B ("Site Plan11 ). Such Lets may be referred to in this Agreement separately as "Lot 2" and "LOt 311 • B. Powell Property. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on EXhibi t c to this Agreement ("Powell Property") and as shown on the Site Plan attached hereto as Exhibit B. Such lots may be referred to ln this Agreement separately as "Lot 1 11 , 11 Lot 4 11 , 11 Lot 6 11 and "Lot 1 11 • The reference in this Agreement to any 11 1ot11 in the Shopping center shall refer to each of Lots 1, 2, 3, 4, 6 and 7. c. Shopping center. The He Property and the Powell Property shall be referred to collectively as the 11 Shopping Center11 in this Agreement. D. owner, The term 11 owner11 as used herein shall mean and refer to each person or entity which holds fee title to any portion of the Shopping center and any successor of such person or entity acquiring said fee title fr.om such person or entity. The term "Owner 11 , unless otherwise p1.·ovided in this Agreement, shall not include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping Center. E. Pµrpose. HC and Powell desire that the HC Property and the Powell Property be developed subject to the easements and the covenants, conditions and restrictions set fot·th in this Agreement . .AGREEMENT: In consideration that the following encumbrances shall be binding upon the parties hereto and shall attach to and run with the nc Prope1.·ty and the Powell Property, and shall be for the benefit of and shall be limitations upon all future owners of the HC Property and the Powell Property and that all easements herein set forth shall be appurtenant to the dominant estates, and in consideration of the promises, covenants, conditions, restrictions, -1- 1754/005:6/17/92 :OWS16 ~CW.-AiJr.ne1 I N 'c 0 ;:j [" ~ N " 0 " ' ,, M ,,, r.D 1.'.:. 0 "· N ,, 1'l -i ,- . , "' 0 ... w " 0 ,, I 0 • easements and encumbrances contained herein, HC and Powell do hereby agree as follows: TERMS l\RTICLB 1 -DEFINITION OF EXCLOBIVB BUILDING AREA AND COMMON llR!lA 1.1 EKclusiYe Building Area. "Exclusive Building Area" as used herein ahelll mean those portions of the HC Property and the Powell Property devoted from time to time to building improvements (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in depth), as the same may change from time to time as provided in this Agreement. "Building Se:rvice Areas 11 as used herein shall mean truck docks, compactor pads, utilities pads, pallet storage areas and receiving areas and similar service areas and facilities constructed solely for the use of the building located vithin the Exclusive Building Area. 1.2 Common J\.rea4 "Common Area" shall be all of the Shopping center except the Exclusive Building Area, Building service Areas, and ~utdoor sales areas (as described and permitted in Section 4.7 of this Agreement) as the same may change from time to time as provided in this Agreement4 1.3 conversion to Common Argg4 Subject to the rights of owners under this Agreement, those portions of the Exclusive Building Area and Building Service Areas on the HC Property and the Powell Property which are not from time to time used or cannot under the terms of this Agreement be used for buildings shall become part of the Common Area for the uses permitted hereunder. An area converted to common Area may be converted back to Exclusive Building Area by its development as Exclusive Building Area, if, at the time of conversion back to Exclusive Building Area, it does not violate any of the terJDs of this Agreement • ABTICLE 2 -UBE 2.1 Prohibited Uses. The Owners recognize their respective customers• need for adequate parking facilities in close pro~imity to their premises and the importance of protecting such parking facilities against unreasonable or undue encroachment which is likely to result from long term parking by patrons or employees of certain types of business establishments. As a consequence thereof, the owners covenant and agree that no part of the Powell Property shall be devoted to the use or operation of a mortuary, theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, pool or billiard hall, betting parlor, bingo parlor or health club, and no part of the shopping Center shall be devoted to the use or operation of a -2- , rs,roe1s:6/17192::w:i16 ,---; ,7, j " " ,., "· '' N ~ N Q (") u, 0 N O') 0 0 - pornographic shop, adult book store, nightclub, or dance hall, or a tavern, cocktail lounge or any facility for the on-premises consumption of alcoholic l>everages except as an incidental part of tl1e operation of a restaurant or other food-related establishment. Each Owner agrees to Dlaintain on its own property parking of five stalls for each 1,000 square feet of Floor Area on such OWTier's property, or the number of parking spaces required by applicable law, whichever is greater. nFloor Area" as used herein shall mean the total number of square feet of floor area in the building, except that Floor Area of outside sales areas and of mezzanines and basements not open to c11stomers and incidental to ground floor retail operations shall not :be counted. The Floor Area of any building st,all be measured from the outside face o:f all exterior walls and the center line of party or common walls. During any period of rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediatoly prior to that period. 2. 2 Further Restrictions. Except for the HC Property, no building of any size on Lot 1 1 and no building on Lots 4, 6 and 7 which has less than twenty thousand (20,000) square feet of Floor Area, or any portion of a building which has been segregated far a particular user and which contains less than twenty thousand (20,000) square feet of Floor Area, shall be used for the purpose of selling home i~provement items, including without limitation lumber, hardware items, decor, fashion electrics, fashion plumbing, floor coverings, millwork, window coverings, plumbing supplies, electrical supplies, paint, wallpaper, siding, ceiling fans, gardening supplies and patio furniture; provided that the restrictions in this Section 2.2 shall not apply to sales of such items where such sales are incidental to other nonprohibited uses and the gross receipts to the user from such prohibited uses, individually or in the aggregate, do not exceed ten percent (10%) of the total gross receipts for all sales by such user on an annual basis. Each user's saies shall be calculated separately. Notwithstanding the foregoing, the restrictions in this Section 2. 2 shall not apply to (a) the following users: Best; Smith's Home Furnishings: Krause's; Office Club; Office Dep,ot; PetSmart; Pacific Linen; Circuit city; Future Shop; Magnolia Hi-Fi; Pier 1, or (b) to any other user which sells a product mix substantially similar to the product mix sold by any of the foregoing listed entities as of the date of this Agreement. 2.3 pemitted Uses. Subject to the terms of this Agreement, typical shopping center retail, office and service uses shall be permitted, including without limitation fast food restaurants (with drive-through windows) and banks or other financial institutions (with drive-through lanes). -3- 1 TS~/005 :6/ 17/9'l. :M 16 i'.. 1,I ,, ; I ~1 C, i ,, l -i ! ' 0 e • - AB.TICJ.,E 3 -BUILDINGS J .1 Location. Notwithstanding the general depletion en the site Plan attached as Ex;hibit B of building areas on some of the lots in the Shopping center, no owner shall have any restrictions under this Agreement on where a building may be located on an 0Wner 1 s property or where Common Area shall be, except for the following: (a) Any building on Lot 7 may only be located within that portion of Lot 7 which is crosshatched and designated "Lot 7 Building Area" on the Site Plan attached as Exhibit B· (b) Any building on Lot 3 must be more than twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property line of Lot 4. (c) Any building on Lots 4 or 6 of the Powell Property must be at least twenty (20) feet from the north propGrty linea of Lots 4 and 6 and twenty (20) feet from the east pr.operty line of Lot 4. (d) The first buildings constructed for long-term use on each of Lots 2 and 3 must be located substantially to the west of the north-south drive aisle line deoignated as 11 Initial Building Area" on the Site Plan attached as Exhibit B· HC and Powell agree that after the first such buildings are so constructed, any replacement buildings or e,cpansion of existing buildings may be located anywhere on such LOts 2 and J so long as such buildings othe·rwise comply with any restrictions set forth in this Agreement. (e) Any building on Lot 1 must be located on the northerly half of Lot 1. (f) All improvements in the Shopping Center must comply with applicable governmental requirements. (g) The curb cuts and access areas on the north property lines of Lots 4 and 6 and the east property line of I..ot 4 as drawn on the Site Plan attached as Exhibit B cannot be relocated, diminished or impaired. (h) No ch~nge can be made to the access driveway along the nor.th property line of Lot 2 or the access driveway between Lots 4 and 6 1 all as drawn on the Site Plan attached as Exhibit B. (i) HC shall at all times provide reasonable access from the driveway marked as 11 Access Orivoway11 at the north of Lot 2 to the access driveway between Lots 4 and 6 also m.arked "Access Driveway" as shown on the Site Plan attached as Exhibit B and generally in a north-south directionf provided such general north- -4·· 1r.;4/005:6/ 17l9Z:D'ol516 ----·---------------------- I ,_: ;;:, ... _; " ~ " ,., ;:: "· Ii ,, ~ I ,- J ;; ! '" 0 • south access may be reasonably located upon any portion of the HC Property. 3. 2 Fire Protection. Any building constructed on the Shopping Center with a gross. building area, including mezzanines and basements, of twenty thousand square feet (20,000) or :more, must be constructed with an automatic sprinkler system for fire protection. All other buildings in the Shopping Center must be constructed, maintained and used in a :manner which will preserve the sprinklered insurance rate obtained on any building required to have an automatic sprinkler system. 3. 3 Jlam.aae or Qestruct:i2n. In the event of any damage to or destruction of any building in the Shopping Center, the Owner of the parcel upon which such building is located, at its election, at its sole cost and risk and with all due diligence, shall either (i) restore or replace such building, subject to the provisions of this Agl."eement, or (ii) raze and remove all parts of said damaged or destroyed building then remaining and the debris resulting therefrom and otherwioe clean and restore the Exclusive Building Area affected by such casualty to a level and clean condition; provided that all parking and access on such parcel shall be restored to its pre-casualty condition. ARTICLE ,t, -COMMON AREA OSE 4.1 fil::§.nt of Easements. Each owner, as granter, hereby grants solely to the other owners only for the benefit of said other owners and their respective tenants, and such owners• and tenants' customers, invitees and employees, a nonexclusive easement for roadways, walkways, ingress and egress, access, the parking of motor vehicles and use of facilities installed for the comfort and convenience of customers, invitees and employees on the Common Area of the HC Property and the Powell Property, as ~ore partiC"~larly located and described on the attached Site Plan, as the same may change from time to time. The foregoing grant of easement is not effective as to any lot which is part of the Shopping Center until construction is commenced on such lot. 4. 2 Use. Subject to existing eilsements of record and the ter.ms of this Agreement, the common Area shall be used for roadways, walkways, ingress and ogress, access, parking of motor vehicles, loading and unloading of commercial and other delivery vehicles, for driveway purposes, and for the comfort and convenience of customers, invitees and employees of all businesses and occupants of the buildings constructed on the EKclusivc Building Area. No long-term parking, park-and-ride, or storage of motor vehicles is permitted. -s- 1 ~, /OOS :6/11 /92:011$ 16 I N !:: 0 ,-;; ['- ·,: N ~ 0 ,, "' M ,., CD '.·! 0 " N "· (f) ., ,_ ,- .J ' '•! 0 ... "' " 0 " - '1 0 0 - 4.3 Access. (a) No barriers. No walls, fences, or barriers of any kind shall be constructed or lllaintnined on the Common Area, or any portion thereat, by any party which shall prevent or i.Jnpair the use or exerciae of any of the easements granted herein, or the free access and movement, including without limitation, pedestrian and vehicular traffic between the HC Property and the Powell Property; provided, however, reasonable traffic controls, as may be necessary to guide end control the o:-derly flov of traffic, may be installed so long as access drive~ays to the parking areas in the Common Area are not cloaed or blocked. The only exception to this provision shall be (i) for changes to the Exclusive BUilding Area and Common Area permitted by this Agreement, and (ii) for incidental encroach- ments by an owner upon the Common Area of an owner's property, or as provided in this Agreement, wnich ~ay occur as a result of the use of the ladders, scaffolding, otorefront barricades and similar facilities resulting in temporary obstruction of the common Area, all of which are peX'lllitted hereunder so long as their use is kept within reasonable requirements of construction work being expeditiously pursued by an owner on its property, or as provided in this Agreement. (b) stnaina for construction-Powell agrees that He may temporarily use Lot l for HC's staging during the initial construction of the building on Lot 2. HC agrees that Powell may temporarily use that portion of Lot 3 to the east of Lot 4 as crosshatched and designated as "Powell Staging Area" on the Site Plan attached as Exhibit B during the initial construction of the building on Lot 4 and the building on Lot 6. HC may relocate the staging area for Lots 4 or 6 of the Powell Property to a reasonable al terna.te location so long as such staging area is of substantially the same si~e and is not significantly more inconvenient to Powell than where the staging area was previously located. Any party using a staging area (i) shall not obstruct any access lanes on the Common Area; (ii) shall keep the staging area in a neat and clean condition during its use: (iii) shall leave the staging area in a neat and clean condition at the end of its use; (iv) shall use th~ staging area only for the minimum amount of time necessary for construction: and (v) shall quit claim to the other party the bencfitted party's rights under this Section 4.3(b) when the construction is completed on the property for which the staging area is provided. 4.4 Limitations on use. (a) customers. Customers and invitees shall not be permitted to park en the Common Area except while shopping or transacting business in the Shopping Center. -6- 17SL/005 :6"/17/92:Dll'Sft. I -;,·.-.. : "' "· '' ,,, ,- ,o 0 • (b) Employees. Employees shall not be permitted to park on the Co1IUDon Area, except in the Common Area on an owner's property where the owner has designated such as "employee parking". The owners fro'lll time to time may mutually designate and approve "employee parking areas", however, if they do not, each owner may formally or informally designate •employee parking areas" on its own parcel for use by such OWncr•s employees or the employees of such OWner's tenants. Notwithstanding the foregoing, no employee parking for the HC Property shall be permitted in the area which represents generally the row of pa.rking immediately adjacent to the north property lines of Lots 4 and 6 or in the area which repre- sents generally the first four spaces of the six rows of parking immediately adjacent to the east property line of Lot 4, all crr.,sshatched and designated as "No HC Employee Parking" on the Site Plan attached as Exhibit B. (c) General. All of the uses permitted within the common Area shall be used with reason and judgment so as not to interfere with the primary purpose of the common Area which is to provide for parking tor the customers, invitees and employees of those businesses conducted within the Exclusive Building Area and for the servicing and supplying of such businesses. Public telephones are permitted within the common Area. ( d) }Jo Use fee.. Persons using the Common Area in accordance with this Agreement shall not be charged any fe.e for such use without the written consent of the OWners unless such fee shall be ordered by a governmental authority~ If a governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of parking spaces wlthin the Shopping Center or any other similar fee or charge, then the owners by mutual agreement shall use their best efforts to institute a uniform fee collection parking system for the Shopping Center. 4.5 Utility and service Easements. The OWJ'lers shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services in the locations generally as set forth in the plans attached hereto as Exhibit p necessary for the orderly de:velopment and operation of the Common Area and buildings to be erected upon the Exclusive Euilding Area. The Owners will use their best efforts to cause the installation of such utility and service lines prior to any paving of the common Area. Any owner may relocate, at such O\'mer's sole cost and expense, such utility and service lines so long as there is nini~al interruption in service to any other property in the Shopping center and there is the same or better utility service to the other property in the Shopping Center after the relocation. 4. G Signs. Except for directional signs for guidanca. upon the Common Aroa, no signs shall be located on the Common A~ea on the HC Property or the Powell Property except signs advertising businesses -7- 17S4/005:6/17/9i!':fl\1516 f i I I ~ I ':: 0 :j ,, " ,.) "' ,.: ,, . . ' ~ ~ .-I 0 I >-I "' I =, 0 l ,o - '·' l ' ' N 0 r,. N 0 C') CD 0 N en 0 0 • conducted thereon. No signs shall obstruct the access, ingress and egress points shown on the Site Plan, as the same may be changed from time to time only in accordance with the terms of this Agreement. All signs shall comply with any governmental regula- tions. Any pylon sign on the Shopping canter must be of a quality comparable to pylon signs typically used by national :r:etail tenants. One sign may be located on each of Lots 2 and J in the locations designated on the attached Site Plan, an the sign locations may be changed from time to time by the owner. of the lot upon which such sign is located. The awn er of the HC Property shall be responsible for the cost and maintenance of any sign on the HC Property. Lots lf 4 ~.nc! 6 may each have a sign in the locations designated on the Site Plan attached as Exhibit B, ao the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located, and the owner of the property upon which the sign is located shall be responsible for the cost ancl maintenance of such sign. One sign may be located on Lot 7 in the location designated on the attached site Plan, which sign shall be constructed by HC. such sign shall be divided into three equal blocks, one on top of the other. Powell agrees that HC may designate the users for the top two blocks of the sign (which users must have businesses conducted on Lots 2 or J), Powell may designate the user for the bottom block of the sign, which user must be a business conducted on Lot 7. HC shall pay two-thirds of the construction cost and maintenance for such sign on Lot 7. Powell shall pay one-third of the construction cost and maintenance of such sign. A party I s share of the construction cost for the sign shall not be due, and such party 1 s obligation to pay maintenance costs for the sign shall not commence until that party actually uses the allocated space on the sign. Except for HC 1 s use of the sign on Lot 7 as described in this section 4.6, no owner of any of the lots in the Shopping center shall have the right to use any sign on any other lot in the Sh-opping Center, except with the consent of the Owner of such other lot, which consent may be withheld in such 0Wner 1 s sole discretion. 4.7 Outside Merchandising. Except as provided in this Agreement, the selling, displaying or merchandising of goods shall not be conducted upon the Common Area. Each Owner or Owner•s tenants may use the sidewalk immediately adjacent to the Exclusive Building Area on such owner•s property to the extent allowed by law for the placetoent of shopping carts and for the display of merchandise being sold from the building an such property and for the sale of food and nonalcoholic beverages from outdoor vending carts, -a- 17S4/005:6./17 /92:Dll516. NC\,IA•Agr.1'11!1 - "' ~ "· ,, ~ ,- ···5 '· 0 >-- ,o I,,, -I ' 0 - provided the pedestrian use of the sidewalk shall not be unreasonably impeded by any such use. Notwithstanding the foregoing and so long as not prohibited by applicable law, any owner shall hava the right to conduct occasional sales or may sell Christmas trees within the Common Area located upon such owner1 s parcel, provided that euch activities shall not be conducted within fifty (50) feet of the property line of any property owned by any Owner without the consent of such Owner, which coneent may be withheld in such ovner•s sole discretion, and such activities shall not interfere with the ingress and egress and traffic flow/drive areas of the Common Area as the same may change froM time to time. ARTrCLE 5 -COMMON AREA DBVELOPHBNT 5, l Pevelonrnent TiJn..i.ruI. When any building is constructed on a parcel, the Common Area on that parcel shall be developed at the expense of the Owner of said parcel, llRTZCLE 6 -COIDION AREA MAINTEN1\NCE 6.1 Maintenanc 0 Standards, Following completion of the common ~rea improve:m.anta on an Owner's property, that Owner, at its sole cost and expense, shall maintain the Common Area on its parcel in first class condition and repair and in compliance with all applicable laws. Without limiting the generality of the foregoing, the maintenance shall include the following: (i) (ii) Maintaining and repairing the surfaces in a level, smooth and evenly covered condition with the type of surfacing material and striping originally installed or such substitute therefor as shall in all respects be equal in quality, use and durability; Removing all papers, debris, filth and refuse and washing or thoroughly sweeping the area to the extent reasonably necessary to keep the area in a neat, clean and orderly condition, and free of snow and ice; (iii) Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (iv) Operating, keeping in repair and replacing when necessary, such artificial lightlng facilities as shall be reasonably required~ (v) Maintaining any perimeter walls in a good condition and state of repair; and (Vi) Maintaining replacement necessary. 175l;/005: 6/17 /92:0l.1516 all landscaped areas of shrubs and other -9- and making such landscaping as is I ':c N ;;; 0 i r-', N ~ " ' 0 '" i r, ;:: r.D "· 0 ,, N ~ ai ,_ -' '•) 0 '" "' ,, 0 " ' \• t I ' ' 0 • 6. 2 Maintenance by Agent. Subject to the revocable mutual agreement of the owners, a third party may be appointed as an agent of the Owners to maintain the Common Area in the manner as outlined in Section 6.1. Said third party may receive a fee for such agency which fee is mutually acceptable to the owners to cover supervision, management, accounting and similar services and which fee ie to be allocated among the o-..mers based on their mutual agreement. llRTICLB 7 -INDBIOIXPICATION, INSIIRll!ICE 7 .1 Qwner' e Indemni ficatj op. Each owner ("Indemnifying Owner11 ) hereby agrees to defend, indemnify and hold harmless t.he other Owners and other Owner's tenants from and against all demands, claims, causes of action or judgments, and all expenses and reasonable attorneys• fees incurred in investigating or resisting the same, for bodily injury to person, loss of life or damage to property {i) occurring on the Indemnifying owner's parcel, except to the extent caused by the negligence or willful act or omission in whole or in part of any other owner or the tenants of such other owner or the employees, contr8ctors or agents of such other OWner or tenants, or (ii) occurring on another Owner's parcel if caused by the negligence,. willful act or omission of the Indemnifying owner or the tenants of the Indemnifying Owner or the employees, contractors or agents of such Indemnifying owner or tenants. To the extent the Indemnifying Owner is liable with another person or entity for any demand, claim, r.ause of action or judgment, the foregoing inaemnity shall only apply to the Indemnifying owner•s portion thereof. 1. 2 Insurance. Each Owner shall obtain and maintain comprehensive general liability insurance during the term of this AgreGment. The limits of liability of such insurance shall be not less than TWo Million Dollars {$2,000,000.00) combined single limit coverage for injury to person, loss of life and damage to property arising out of any single occurrence. The dollar li~it set farth above shall be increased on the commencement of the sixth (6th) year after the date of this Agreement and at five (5) year intervals thereatte~ by agree~ent of the owners who shall mutually agree by using collllDercially reasonable limits with referE'.nce to the limits of insurance for similar shopping centers in King County, Washington. HC may self insure for its obligations under this Section 7. 2 provided that it maintains a net worth of at least $75,000,00o at all times during such self-insurance and provides any other owner with satisfactory evidence of such net worth within ten (10} calendar days of such owner's written request therefor. upon request, each owner shall provide the other owners with a copy of a certificate of insurance evidencing such insurance. All owners shall name each other as additional insureds on thgir respective policies (including during any period of construction) and shall obtain contractual liability insurance for their indemnification -10- 17S4/D0~ :6/11/92:0W516 HM·Agr.net I N "' 0 ~ ...... cj N " 0 " C') ,.1 "' :.0 -,~ 0 ~ N "· '' (1') >· ,_ _, . J '· .-I 0 ~ "' ~ 0 '" r;: ' \ 0 • obligations under this Agreement. No policies may be canceled without thirty (30) days notice to the other owners, subject to any lesser period of time or other agreement by applicable insurance companies. llllTICLE 8 -REALTY TAXED l\!lll ASBEBDKEll'rS e.1 Real Eetate Taxes and Assessments. It is intended that all real estate taxes and assessments relating to any portion of the Shopping Center or ilDprovementa thereon, or the ownership thereof, shall be paid prior to delinquency l>y the respective Owners thereof, including without limitation those taxes and assessments which ara levied against that part of the common Area owned by each owner. In the event any owner fails at any time to pay before delinquency its taxes or assess~enta on any portion of its parcel or parcels, and which may become a lien on any of the common Area, then except while the validity thereof is being contested by judicial or administrative proceedings, any other owner may pay such taxes and/or assessments together with interest, penalties and cost, and in any such event the defaulting Owner obligated to pay such taxes and/or assessments shall promptly reimburae such other OWner for all such taxes and/or assessments, interest, penalties, and cost and other charges and until such reimburse~ent has been ~ade the amount thereof shall constitute a lien and charge on the defaulting owner's parcel, subject and subordinate, however, to any bona fide mortgage o~ deed of trt1st made in good faith and for value then outstanding against said parcel. If allowed by the assessing agency, assessments may be paid in installments for the longest period permitteO so long as no dalinguency occurs. l\RTICLB 9 -El!INEll'r DOMAIN 9.1 ~r1 s Right to Award. Nothing herein shall be construed to give any owner any interest in any award or payments inada to another owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Dwner's parcel or construed to give the public or any government any rights in the Shopping Center. In the event of any exercise of eminent doniain or transfer in lieu thereof of any part of the common Area, the award attributable to the land and improvements of such portion of the Common Area Ghall be payable only to the Owner in fee thereof and no claims thereon shall be made by the Owners of any other portion of the Common Area. 9.2 Co1lateral Claims_. All other Owners of the Common Arca may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another owner. -11- t 75~/005: 15o/17 /9Z:D\.IS 16 " ; ' ' I I' I !:- ~ cj " "' ,., ,,, ;: "· ,, ~ ,- ~ •;j <. '•! 0 ,.. "' => 0 ,o - ; N 0 r,. N 0 r:, ~ 0 (II a, ,. ' ,, I 0 0 • 9.3 B.Cstoration of Common Areas. The OWner of the fee of each portion of the common Area so condemned shall promptly repair and restore the re~aining portion of tho common Area owned by it as :nearly as practicable to the condition of the same i:mmediately prior to sucb condemnation or transfer without contribution from any othar owner. IUl'l!ICLB 10 -CAIICBLLI\TION, MODIPICATIOH, Dt!Rl\T:XO!I 10.1 Cnm;ellation or Modification. This Agreement may be cancelled or modified only by the written agreement of all owners of the Shopping Center, which cancellation or modification agreement shall be recorded in the office or the County Recorder of the county in which the Shopping Center is located. No Owner shall unreasonably withhold or delay its consent to a proposed modification to this Agreement. Without specifying ot.her reasonable grounds for withholding consent, an OWner may withhold consent based on material adverse financial impacts to an owner I s parcel in the Shopping Center as a result of the requested modification. 10~2 Duration. Unless otherwise cancelled and teI'1llinated as permitted herein, this Agreement shall continue for sixty (60) years from the date of this Agreement and shall be renewed for an unlimited number of successive terms of ten (10) years, unless all Owners agree otherwise; however, all the easements granted in this Agreement shall continue in perpetuity. llRTICLE 11 • RELEASE PROM Lil\BILITY 11.1 Release from Liability. Any person or entity acquiring fee or leasehold title to any portion of the Shopping Center shall be bound by this Agreement only as to the parcel or portion thereof acquired by such person or entity. such person or entity shall be bound by this Agreement only during the period such person or entity is the fee or leasehold owner of such parcel or portion thereof, except as to obligations, liabilities or responsibilities that accrue or are based on events vhich occur during said period. Although parsons or entitles may be released under this section, the easements, covenaints and restrictions in this .Agreement shall continue to be benefits and burdens upon the Shopping Center running with the land. ARTICLE 12 • DEFAULT 12.l pefau1t. In the event of default or threatened default under this Agreement, only the Owners shall be entitled to institute proceedinga for full and adequ:ate relief from the consequences of said default. 12.2 Remedies for Default. If the owner of any parcel, during the term of this Agreemcut defaults in the full, faithful and punctual -12- 1n4/0DS:6/17t9Z:llLt516 Ht\lA·Agr.ne1 --~~-. ----------------• i j ~ . t ,, I N ':: 0 ~ r- '° N ,, 0 a ,., C"l "' (.i, r: 0 ,,. N " (j) ~ ,_ J "':.; "' 0 ,_ w I =, 0 <O -I ! i 0 • performance of any obligation required hereunder and if upon the expiration of thirty (JO) daye after written notice from any other owner stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then any other owner ("Performing owner"), in addition to all other remedies it may have at law or in equity, shall have the right to perform such obligation of this Agreement on behalf of such defaulting owner and to be reimbursed by such defaulting owner within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (lBt) per annum on the maximum rate a1lowed by law. Any such claim for reimbursement, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a proper claim of lien by the claimant in the office of the County Recorder of the county in which the Shopping Center is located. The claim of' lien shall include the following: Ci) the name of the claimant; (ii) a statement concerning the basis of the claim of the lien; (iii) the last known name and address of the owner or reputed OWner of the parcel against which the lien is claimed; (iv) a description of the property against which the lien is claimed; (v) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof~ and (vi) a statement that the lien is claimed pursuant to the provision of the Agreement reciting the date, b~ok and page of the recordation hereof. The claim of lien shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the owner against whom the lien is claimed, either by personal service or by mailing to the defaulting Owner as provided in Article 13. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced by suit, or under power of sale (which power is hereby granted), judicial foreclosure or in any other manner allowed by law for the foreclosure of liens. A Performing owner is hereby granted the right to enter upon the parcel of the defaulting Owner for the: limited purpose of curing a default as provided under this Agreement. Any exercise of the power of sale or foreclosure shall be conducted in accordance with the laws o!' the state of Waohington applicable to the exercise of powers of sale in or foreclosures of mortgages and deeds of trust. If appropriate, a Performing Owner is hereby appointed the trustee for purposes of exercising such power of E;clle, with full right of substitution. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of ti-Ust given in good faith and for value now or her.eafter encumbering the property subjected to the lien, which mortgage or deed of trust was recorded prior to the recording of the lien, and any purchaser at any foreclosure or trustee's sale (as well as any grant~e by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise subject to -13- 1754/005 t6/17/9Z:D\.1'S16 ~C\IA·Agr,nc1 I " t'. N ~ 0 :j ['-,., N c> ! u 0 "' 1 · M ~ tC "· 0 ,, N ~ (7) ,-_, "' ' '· "' 0 ,-. w " C '" ,- ( 1· ·' • 0 • the provisions of this .Agreement. The failure of tbe OWner or owners cf any of the parcels subject to this Agree~ent to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be constnied as a waiver or relinquishment for the future br8ach of the provisions hereof. 12.J Attnrnevs 1 Fees. In the event t.hat auit is brought for the enforcement of this Agreement or as a result of any alleged default hereunder, the prevailing party or parties to such suit shall be entitled to be paid reasonable attorneys• fees and costs by the non-prevailing party or parties, including those on appeal and any judgment or decree rendered shall include an award therefor. l2a4 Governing Law. This AgreelQent shall be governed and enforced by, and construed in accordance with the laws of the state of Washington. ARTICLE 13 -HOTICES lJal Notices. Notices made by the OWners pursuant hereto may be served personally or via overnight courier or may be served by depositing the same in the United states mail, postage prepaid, certified mail, return-receipt requested, addressed as follows: If to Powell: Powell-Orillia AsDociates 737 Market street Kirr.land, WA 98033 Attn: Peter w. Powell With a copy to: Robert c. MacAulay Alston, courtnage, MacAulay & Proctor 1000 Second Ave., Ste. 3900 Seattle, WA 98104 If to HC: c/o Waban Inc. 140 Orangefair Mall, Suite 100 Fullerton, CA 92632 Attn: Vice President, Real Estate With a copy to: c/o Waban rno. one Mercer Road Natick, MA 01760 Attn: Executive Vice President, Finance Notice shall be deemed given when served personally upon or delivered by overnight courier to a person of suitable age and discretion, or if mailed, three (J) days after deposited in the u.s4 mail. -14- 175'/005 :6/ 17 /92:DU516 HCVA·Agr.ne1 i I I ' !~ ... '-.· c; " ''-' " ... ,a ... ., ~ ,_ ~ ' I -I 0 ,_ w " 0 1i ,n .. - ·1 -I ,' ... ! CII 0 ["' CII 0 r, r.r, 0 N en 0 0 • The foregoing addresses may bP.: changed by written notice given pursuant to the provisions of this Section. ARTJ:CLB U. -LENDER PROTEC"l'XON 14. l. Lender Protection. This Agreement and the rights, privileges, covenants, agre~ments and easements hereunder with respect to each Owner and all parcels, shall be superior and senior to any lien placed upon any parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but all of the covenants and restrictions, easements and conditions and othe't" provisions, terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity (including any mortgagee or beneficiary under a deed of trust) who acquires title to any parcel or any portion thereof by foreclosure, trustee's sale, d~ed in lieu of foreclosure or otherwise. ARTICLE 15 -GENERAL PROVISIONS 15, 1 l!_o Covenant to operatE!. nothing either expressed or implied, contained in this Agreement shall obligate any owner or any owner's tenants to continuously operate any type of business on its parcel. 15.2 lill.nnJng of Benefits and servitudes, Riahts of successors. The easements, restrictions, benefits, and obligations hereunder shall create mutual benefits 11nd burdens upon all the parcels of the Shopping center running with the land. This Agreement shall bind and inure to the benefit of the parties he~eto, their respective he:lrs, personal representatives, tenants, successors, and/or assigns. The singular number includes the plural and any gender includes all other genders • 15.J Not a Public DedicatiQil. Nothing hereln contained shall be deemed to be a gift or dedication of any portion of the Com!!lon Arca to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreell'lent shall be strictly limited to and for the purposes: herein expressed. The right of the public or any person to make any use whatsoever of the Common Area or the parcels herein affected, or any portion thereof (other th.an .any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the Owners. Notwithsb:inding any other provisions herein to the contrary, the owners by mutual agreement may periodically restrict ingress and egress frorn the Common Area in order to prevent a prescriptive easeinent from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive -15- 1751./0~S ;l;,/l1/V2:Dll5ICI KC\.IA•Agr.nc1 I ':: N t:i 0 j [" " " N <.1 0 "' ;: M ~ "· 0 ,, ,. I N ,_ i al ~ Ii ·:1 ' "' \ 0 ~ w " 0 ,0 l - I! F:· 0 0 • easement and shall occur at such a time as to have a minimum effect on the operation of the shopping center. 15.4 Document Execution and Change. It is understood and agreed that, until this document is fully executed and delivered by the authorized corporate officers of the parties hereto, there is not and shall not be an agreeillent of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. It is further agreed that, once this document is fully executed and d~livered, it contains the entire agreement between the parties hereto and that, in executing it, the parties do not rely upon any sta1:ernent, promise or representation not herein expressed and, except as permitted by Section 10 .1 of this Agreement, this document, once executed and delivered, shall not be modified, changed or altered in any respect except by a written document executed and delivered in the same manner as required f,:,r this document. 15.5 No Joint Venture. It is not intended by this Agreement to, and nothing contained in this ~greement shall, create any partnership, joint venture or other joint or equity type agreement between the Owners. 15.6 Reasonableness of consent. Unless otherwise provided herein, whenever an Owner's agreement or approval is required under. this Agreement, such owner shall not unreasonably withhold or delay such agreement or approval. 15.7 Lot,_i. Powell intends to develop Lots 1 and 7 in the future, althcugh there are no current plans for such development~ Other than the terms of this Agreement, no Owner may place any restrictions on the development of Lot 7. Powell agrees to not commence the processing of any governmental entitlements for construction on Lot 1 until the earlier of (a) that date upon which HC has commenced construction of improvements on Lots 2 and J; or (b) that date which is two (2) years from the date of this Agreement. Prior to any development of LOt 1, Powell will be required. to obtain applicable governmental approvals. Powell's development of Lot 1 shall be subject to site plan approval by the Owner of Lot 2, which approval will not be ur.reasonably withheld or delayed. In connection with any development on Lot 1, Powell agrees to not disrupt the traffic flow on Lot 2, not diminish any utility services provided to Lot 2 and not provide any off-site amenities to obtain approval for development on Lot 1. HC agrees that in connection with any development on Lot 1, Powell may make curb cuts directly opposite and to match the curb cuts on Lot 2 which are directl~· opposite the south border of Lot 1, as designated on the attached Site Plan aml as the same 111ay change from time to time, all such work at Powell's sole cost and expense. 15,8 counterparts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document, -16- 17S,/005 :6/ 17/9/.:0w'516 KC\IA•Agr.nel - :, ' I ----:1 .. ' ' N 0 >-;: r-;:; N ~ 0 " M "' :., co '.:! 0 ,-: N "· CT) ,, ~ ,_ ., ·; ' ' "' 0 >- w " " '" 0 • Only the original counterp~rt signature and notary pages need be recorded with one copy of this Agreement. 15.9 No consents. Except as provided in this Agreement, development on any property covered by this Agreement is not subject to any consent from or to HC or Powell. All development will be subject to satisfaction of applicable lot coverage, density, parking and other zoning and land use requirements of any governmental authority with jurisdiction. 15.10 Wetlands. As part of the governmcmtal approval for develop- ment of the HC Property, the Owner of Lot 7 must provide and agrees to provide to the City of Renton one or more easements for wetlands preservation of approximately 65 feet in width, or such greater area as required by the City of Renton for the development of the HC Property as such development is currently approved by the City of Rentun. Powell understands that the legal description for the wetlands preservation easement is as currently set forth in attached Exhibjt f. such easement will be recorded separately. All costs associated with the maintenance of tne wetlands preservation a~ea on Lot 7, except real property taxes, shall be paid by Lots 2 and 3. The wetlands easement area shall be maintained to a standard designated by nc. 15.11 ~. Powell, as owner of Lot 7, hereby conveys and quitclaims to the other owners in the Shopping Center for the benefit of the Shopping center a perpetual, non-exclusive easement for ingress and egress, and access over and across that portion of Lot 7 legally described in attached Exhibit E C"Drivew-a}· Easement Property"). The costs to maintain the Driveway Easement Property shall be shared prorata by all the property in the Shopping Center, provided that no lot is obligated to contribute to maintenance costs for the Driveway Easement Area until construction commences on such lot, and then only for such lot ts prorata share of mainte- nance costs thereafter. The prorata share shall be the percentage which the square footage of a lot upon which construction has commenced bears to the total square footage of all lots in the Shopping Center upon which construction has commenced, except Lot 7, which square footage shall be deemed to be 30,ooo, and Lot l, for which the lot square footage shall be determined based on the buildable area of the lot, excluding property dedicated to wetlands preservation and similar to the method used by Powell to determine the buildable area for LOt 7. The following square footages for lot size shall be used for purposes of this Section 15,10: 175,/005:6/17/92:D\1516 Lot Lot 2 Lot 3 Lot 4 Lot 6 Lot 7 Lot square footage 445,JlJ 586,312 35,000 35,000 30,000 -17- • ii •· ·.': I ~ N 0 ~ l'-3 CII ,, "' 0 ,., (") "' :i.,; CD ... 0 "· N ,, en ~ !:: ~ "" ' '· "' ;- 0 ... w => 0 ,n ,_ ( • • • • HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a prorata share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoicea, then interest on the unpaid amount shall bear interest at eighteen percent (18\) per annum until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. B HCWA REALTY CORP,, a Washington corporation By ___________ _ Its, ________ _ By By, _________ _ Peter w. Powell General Partner Its•-----------~ EXJIIBXTB A - B - C - D - E - F - Legal Description of HC Property Site Plan tegal Description of Powell Property Utility Plan Driveway Easement Area Wetlands Preservation Easement Area -18- 1754/00S: 6/ 17 J9Z: D11516 i·; ;=', ' 11 ... ~ ; u N C> " 0 "' I" :...: N ,- "· 0 ,, C":l >-t.o ,_ 0 ~ ~ N ' ai "! ,- 0 ,- w " 0 '" ... " . ' ·' \ STATE OF WASHHIGTON COUNTY OF ~t:.n~'"J~I--- • 0 • ss. On this ~ day of .:'fw,.t.. , 1992, before me, a Notary Public in and for the State of Washington, duly commiosioned and sworn, personally appeared Lloyd w. Powell and Peter w. Powell, to me known to be the general partners of POWELL-oRXLLIA ASSOCIATES, the partnership named in and which oxocuted the foregoing instrument: and they acknowledged to me that they signed the salDe as the free and voluntary act and deed of said partnership for the uses and purpoacs thorein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before :e and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and officia.l seal the day and year in this certificate above written. 11'5',/005 ;6/17 /9Z:DM516 hr,wu., '!:i . 1/,w,.1- NOTARY PUBLIC in and for J ;,Jte of Washington, residing at3 ':IL, My commission expire&:~lul!!,~::_~/~·~-~~~~ -19- I l ' ': ~ N ~ " 0 0 ,., ~ "' N ., 0 ... "· M ,, t.D ~ 0 i:: N ~ a') "' ., '· '" ,- 0 ... w " " I '" ,_ ' ' \ ·' • • • HC shall maintain the Driveway ~aaement Area to a standard as designated by HC in its reasonable discroticn. If' an Ovr-ner obl !gated to pay a prorata ebaro of such maintenance costs fails to do so within ten (10) business days of written clemand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen porcent (l.81) per annum until paid and the other owners shall bave the rights and remedies providod in Section 12 of this Agreement. IN WITNESS WHEREOF, tbe parties hereto bave executed this .Agreement. FOWELL•ORILLIA ASSOCIATES, a Washington general partnership BY'-----------Lloyd W. Powell General Partner BY'------------Peter w. Powell General Partner EXHIBITS A B --Legal Description of HC Property Site Plan C - D - E - F - Legal Description of Powell Property Utility Plan Driveway Easement Area wetlanda Preservation Easement Area -18- 17St./005 :6117/9'2:DW'516 -----------------------------.. ·-········-········-------··. • I " " " " ,., C ,-. "-., '" 0 ,-. w " 0 '" \ C u I i hlm i t,.,_ STATE OF lllt5HIHST011 COUNTY OF Ovc10'2f II • • ss. On this 23 l'ol day of Jur1;e. , 1992, before me, a Nota1i' Public in and for the State of Washington, duly colnlllissioned and sworn, personally appeared .Jt:;ihn F-Lt.v1..1 to De know to be the py.,.-s.i cl:O?±:: r a -rear,eet!i1e*¥-, of HCWA RF.ALTY CORP., the corporation named in and which executed the foregoing instrument; and they acknowledged to me that they signed the eame as the free and voluntary act and deed ot said corporation for the usos and purposes therein mentioned4 I certify that I know or have satisfactory ~vidence that the persona appearing before me and making this acknowledgment are the persong whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written]),· _ _,JI<~· '...c.-,0-='-:.c/~========---NOTiUtY PustIC in and for the State of 1!.t--~1.if,:,,..u...:_.._, HaehJ:ftlJ'l:Bn., residing at 1 1u'.~ .. , .... :tro,~ f...!-1 My commission expires: [,-,._....r.:r -20- 175'/~05: 6117 /PZ ;D\1S16 ' !I !) i] 'i ' I = '::: ;;; j " 0 " "' :,; ... "· ,, ,- !:: ~ -,: ., ,.· "' ,_ 0 ... w => Q ,n ,- ( ··' \ 1 I I ' N e;, ['" N e;, M t.o 0 N a) • 0 • .. HC shall maintain the Driveway Easement Area to a standard ao designated by HC in its reasonable discretion. If an owner obligated to PllY a prorata share of such maintenance costs fails to do so "-ithin ten {10) business diJ.ys or written demand therefor accompanied by substantiating invoiceo, then interest on the unpaid amount ahall bear interest at eighteen percent (lBI) per annum until paid and the other owners shall have the rights and remedl.es provided in Section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a Washington general partnership BY~----------Lloyd W. Powell General Pllrtner BY------~----Peter W. Powell General Partner !PIPITS HCWA REALTY CORP. • a Washington corporation By ____________ _ Its, __ --"P•eec::::·::rt:..._ ___ _ Its \1ot!'!MWWII!! A B --Legal Description of HC Property site Plan C - D - E - F - Legal Description of Powell Property Utility Plan Driveway Easement Area Wetlands Preservation Eaoement Area -18- 1754/005: 6/ 11/92:Dlf.i 16 I !. I !:-;;; ~ " N 0 ., 0 "' l"' '.J.: .... N 1, •. 0 ,, M ~ tD ,_ -' 0 ., . N . , , .. en ·:; 0 .... "' C, 0 ,o ,- • • ~wu.,.M, ~ Sll!A2 OF l!.\SIIIIIC?ON ) ) ... COUNTY OF~ ) On this "2,l,~ d&j" of ~ , 1992, before me, a Notary Public in and for the State ~hington, duly commissioned and sworn, personally appea;-~d,"2~ -, to me known to be the '1!.8::.~!!.__t!~ , respectively, of HCWA REALTY CORP., the corporation namod In and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purpoaes therein mentioned. X certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this dccument. WITNESS my hand and official seal the day and year in this certificate above written. N~;/PU~1~~he siat~ \!l;tAl.t:!;q,+.<w-, residing at~~~~~~ My'c"ommffi'ion expires: _______ _ MARY T. SLATTERY Nob!ry Publtc . ::. r: · M',i Commtselon ExpJroa March 1 :z, , 993 -20- 1154/005 :6117/92:0\1516 HCl.!A•A;r.M1 1 I I I • • • LOTS 2 o.nd 3, BDRLIHCTOH NORTHERN, A BINDING SITE PLAN• ACCORDING TO CITY OF HENTON lliDIDIHG SITE PLAN RECORDED JUHE_2m 1992, IN VOLUME /(,J OF PLATS, PAGES f-)/ , AS KING COIJHTY RECORDING No._5!i?&3t>..l,t9t:: ,_ ;;; N ·.· :j 0 c> C, {"' LI N "' 0 ;::: M "· CD " 0 • ~ N !:; Cll .., < ., ' ':! ,_ 0 ,_ "' "' 0 " !: I --------------------------····----·----·····-·----· I "· _, 0 ... "' " " '·' ' ·' 0 z , . • ' i _J' ;·----------~· ------ SIT~ !>LAN J"s40'•0" ..... .. ........ ~~_-"-.--: p··"'··--.:.:==-.... :::..-=.-::~ -·--=·- ... ___ _ 0 S.W.34 TH STR ET I _ _,,, ... - I ·~ @ l,QT A PNII . -·-·--------- i I © I \'-. I r ( --. S.W. 41ST STREET t+ SIU !'I.AN~ h f,:i U11~410'-0° I_ I.~ ·l I: EXH1e,1T IS ===-----------------------.-:.: .. , .. • ··.~-------,~--· II!" I "' :.L >- ,. • ' I I"'•- l I ' ' i . I ! ' iii I !I , u! ' 01' z: _J' ! . ' N .. -~-<u :::.:::. .. _ E1=:-; .. ~ .. .,-. _____ .. . ____ ._ .. . IT! ,rt.T$TC, 'w-- ' & S.W.34TH STREE ·--------------i I -------....1.!!.!.1!--~--~, I ·---·-------~--• ii' rJ ., \::: • ii . 1! I '; J i <_j l i ~ ~ i :i I ( :, I == :i i --, : ) 1; ; L ,, I '.1 i -:: i : 11 I I .. t( r. l : !i i r ti i ( '! ! l:: • I, 1 i L jj i 1 _.I[ I "' ;: "· ,., ., g w " 0 '" ' r· ,. ;·-------·--*· -·------- ::.:.~ G) :..::'.:::.""-..... -... ==~·.: ..... .,--__ ,._._. .. . _____ ,, .. lltt tfl>lt!CS ......... lo ---t=: z ,' ::.._::-,:::""·· ~, ...... -- _J : .. :...::-=-~~ ..__, __ =·-' r .._ __ ,f-------1:------ I• I\ \• . \',. ~: 5'!n \..:---j·-= • \_:. 1 ,a:.- /i~.-..... S."': .. ~4.Il:L.?_T13~E_ ·----~--------:; Q I i I i ' t! ,£1'!1 ., .. H © < @ I' ,I 1: > 1 ;1 < ·: il I ~ ; -!i i i ! I i i i ! I i -~ I i L : .i ; t( l '.' ' . ! ; i' • /_I! I ''. I.' p ,;; ! . -; ---·-·-·-·--·-·-----·-·-·-----·---·-·-·-----·-·-·-·-·-·-·-·-·-·-· -·-·-·-·-·-·-·-·"T·-·- S.W. 41ST STREET VJ :: I ~;·.: ~------------------\-,'-/-_:__:_::__::__ ____ ii 4A b . fi 1·.l ,!:; ~ RC. Qlfl~ PM~. Ii ,,. -----~~& t ... , . --., ·------· • = • \ EXHIBIT "C11 Lota 1 1 4,6 and 7 BUIU.INGTON HORTimRN, A BINDING SITE PI.AN, ACCORDING TO CITY OP BERTON BJ.NDtNG SITE PLAN RBCOJW!D .JUNE '30 ,1992 1 IN VOLDME ____ .;J.o_L_ OF PLA'rs. PAGBS ?--II • AS KING CODNTY RECORIDHG NO. q1nf... 3? Z6?6 0- I~ j N " 0 0 LI l" "' :c N .... 0 I ! "· C') ,, (D ~-,_ 0 _, N ,: 11) .. , '· ·:J ,_ 0 .... "' ~ 0 ,o ,- ' I I ....... - ·-· ' _j " ,·, " "' "· . ' ,. '~ I -' "' . I ' ' ~ ~'"-"" -"" . " . I ,~---~-.z~~-~-,-~-~~ll1~;~._-_-~-----__ -/~·,~/-,-~----r N. 0, [" ·. N! o' Ml ii ' l I I ! > ! U1 ! ~ I z > I JJ : J ~ I', ·J o I"' z '1!'!!1 ~ I 0 ,.°'' ~f I "'' .. '=l{Ht61T J) ________ [ ' --------11 I --==-I • • J ,,1 ' :~ 1' ,, ~ ::: -' >! ,., i [, I . I ' -, : I I 1J I :0 rn I_ ,-s:: z )> ' • :0 Ii -< G) -:0 'f \ It!> ,,. CJ qz 6 G) '"" C :::! ' \ r =i -< 1J r )> -------- § li' • ~ 11 ' • I •-r! OLJr ... --~Hl~rf P .... j~l id ..... -... _ ------ }: ~ ' : !: i I . I \ I '::' ·?. 3 ' " " " ' "' I ., ,_ "· " ~ N ,_ ~ 0 "':j ['- ' N "! 0 ~ 0 r,D ,_ 0 w N ~ 0 a') ,,, 'i I i 0 • BUSH. ROED 6: HITCHINGS. INC, EXHIBIT E ----- ACCESS EASEMENT DESCRIPTION THAT PORTION OF LOT 7 OF BURLitJGTON NORTHERN I ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME ;fL_ OF BINDING SITE PLANS, PAGES ..:c:__ THROUGH _f.L_r RECORDS OF KING COUNTY 1 WASHINGTON, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, HAVING 15. 00 FEET Of SUCH WIDTH ON EACH SIDE OF AN EASEMENT CEN- TERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 01°50'09 11 EAST 18.00 F'EET ALONG THE EAST LINE 'i.'HEREOF TO THE TRUE POINT OF BEGINNING Of SAID EASEMENT CEtlTERLINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE tfOR'l'HEAST HAVING A RADIUS OF 120. 00 FEES' {A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 00° 5;1 1 3 5'1 WEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: THENCE WESTERLY ANO NORTHWESTERLY 109. 33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 9 12'09 11 i THENCE NORTH 36 9 53 1 17 11 WEST 173.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADlUS OF 120. 00 FEET; THENCE NORTHWESTERLY AND WESTEPL'f 83.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°49'13 11 TO THE WESTERLY LINE OF SAID LOT 7 AND THE TERMINUS OF SAID EASEMENT CENTERLINE, AND FROM SAID TERMINUS SAID POINT OF BEGIN- NING BEARS SOUTH 49°02'54" EAST, :352."66 FEET DISTANT. TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BE~INNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 8 J" 06 1 18 11 EAST); THENCE NORTHERLY 25. 85 FEET ALONG SAID CURVE AND WESTERLY LINE AS SHOWN ON SURVEY RECORDE~ lN VOLUME 80 OF SURVEYS PAGE 156, RECORDS OF SAID KING COUNTY, TllROUGH A CENTRAL ANGLE OP 00°43'29'1 ; THENCE SOUTH 83°49 1 47 11 EAST 8.80 FEET ALONG A LINE RAOIAJ~ TO THE PREcc;O!NG CURVE TO 'l'HE BEGINNING OF A NON-TANGEN'I' CURVE CONCAVE TO THE NORTHEAST HAVIttG A RADIUS OF 35. 00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH a2cso• 29n h'EST); THENCE SOUTHERLY AND SOUTHE,.STERLY 4 3. 16 PEET ALONG SAID CURVE THROUGH A CENTML ANGLE OF 70"39'0?.11 TO S1\10 NORTHERT/l' MARGIN OF THE STRIP DESCRIBED ABOVE AND l\ POIN'T' OF CUSP WITH A CURVE CONCAVE TO THE SOUTH HAVING A Rl\DIUS CI'' 135. 00 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS NORTH 26.,30 1 29 11 EAST); •rHENCE WES'J'ERLY 32.16 f'EE:T ALONG SAID CURVE AND 1'0RTHERLY MARGitl THROUGII A CENTRAL ANGLE OF 13°54 1 21 11 TO THE POINT OF BEGitlNH2G; 1 / ~ I I ., l I ; N ,,__ ':.::. 0 1.~! '3 l"" ',., N . " ,., I 0 "' M ~ c.:> "· 0 '' N ~ (1) ,_ ~ 0 • - BUSH, ROED 6: HITCHINGS, INC. ALSO TOGETHE:R WITH THAT PORTION OF SAIO Lo·r 7 DESCRIBED AS FOL- LOWS: BEGINNING AT THE INTERSECTION OF THE SOUTW'IESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGUINING BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH- WEST HAVING A RADIUS OF 105.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 14 °07' 06 11 EAST) ; THENCE EASTERLY AND SOUTH- EASTERLY 11.46 FEET ALONG SAID CURVE ANO SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 38° 59 1 J7 1' TO A POINT OF TANGENCY ON SAID SOUTHWESTERLY MARGIN AND A POINT OF CUSP WITH A CURVE CON- CAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.19 FEET (A RADIAL LINE 'l'HROUGH SAID POINT OF CUSP BEARS NORTH 53°06 1 43 11 EAST); THENCE NORTHWESTERLY, WESTERLY, SOUTHWESTERL'i AND SOUTHERLY 80.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°16'32 11 TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE OF LOT 7 1'1HICH BEARS SOUTH 80"46'54 11 EAST; THENCE NORTH 80°46 1 54 11 WEST 3, 60 FEET TO SAID WES'fERLY LINE OF LOT 7 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING~ RADIUS OF 2043.79 FEET; THENCE NOR~HERL'i 52.70.FEET ALONG SAID CURVE AND WESTERLY LINE O F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 OF SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF 01°28 1 39 11 TO THE POINT OF BEGINNING. THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTH- ENED SO AS TO TERMINATE IN SAID EhST LINE AND SAID WESTERLY LINE OF LOT 7, SITUATE IN 'l'HE CI'I'Y OF RENTON, KING COUNTY, l~l\SHINGTON THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0,28 ACRES), MO[<E OR LESS, 2/2 POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HICKOX, P.L.S. BRH JOB N"O. 91407.08/SUR54B JUNE 23, l992 REVISED JUNE 26, 1992 I r !:: N ~ 0 :5 {'-" "' N c, 0 "' "' :,.: ... c.D "· 0 ,, N ~ al ,_ J '· ., ':1 ;- 0 ... w " 0 '° , .. • I \ • 0 • ·- BUSH, ROEO 8: HITCHINGS, INC. EXHIBIT F SOUTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME _.L6.L._ OF BINDING SITE PLANS, PAGES f-, 1; ., RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88°09 1 51 11 WEST 75.00 FEET; THENCE SOUTH oioso•og• WEST 383,62 FEET; THENCE SOUTH 55°26 1 54" EAST 3.99 FEET TO SAID EAST LINE OF LOT 7; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO COURSES: THENCE NORTH 28°33 1 51 11 EAST 159.~9; THENCE NORTH 01°50'09 11 EAS'l' 243.51 FEET TO THE POINT OF BEGINNING. SITUM'E IN THE CITY OF RENTON, KillG COUNTY, WASHINGTON. THE PARCEL OESCRIBEO ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), MORE OR LESS. ~. EXPIA!S 31111 ,.-.-- POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HIC!toX, P.L.S. JUNE 2, 1992 91407 .08/SURS4B I J ··:-.::1 ... ,J ·.· ci " C, " ... ,i ,.: "· ,, ~ ,-.., ' ' '" ( • ~,-,,.., ~ "" ~ 01r-"'?-" , .. I .. I ,::; ('i° (· I f.\ \ ;..\ \) \ \··.(:) N ~~-°gg. 'Sil• ':'-.:_, •. _.,"j .. rf;---":'-'~~0!...~.!e!:9~· '.,e51~'.!!.W'._ __ No Scale EX~IR'l:S 31171.~4-°' ( -....\C.:\·'' I SOUTH WETLAND' SKETCH POWFl.L DEVB.OPMENT B~TON NORTI-ERN Bltl>ING SITE PLAN PREmREDDV: BUSH, ROEO & HITCHINGS, INC. CIVIL ENGINEERS & LAND SUFtVEYORS $E,\tn.f,WASK1N0toH JJJ.~1,4 J06 NO. 81407.08 6-8-92 CLC WAH ,. . l i ' N 0 :t'. [" w N :,: 0 ~ u C':) C, i:D " "' 0 ·,.,; N ,_ a, 1,.' ,, f: ~ ~ ' <. '') 0 ,_ "' => " ,o ,_ I I • • • - BUSH, ROED & HITCHINGS, INC. EXHIBIT F lfORTII WE'l'LAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLI~GTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THCREOF RECORDED IN VOLUME ll,_L_ OF BINDING SITE PL.A.NS, PAGf:S S--(t , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING A'r THE CORNER COMMON TO SAID LOT 7 AND L01'S 2 AND J OF SAID BINDING SITE PLAN; THENCE NORTH 88°09 • 51 ° WEST 70, 00 FEET; THENCE NORTH 01GS0 1 09~ EAST 472.61 FEET TO THE NORTH LINE OF SAID LOT 7; THC:NCE SOUTH 87°50 1 47 11 EAST 70.00 FEET ALONG SP.IO NORTH LlN"E TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH 01°50'09 11 WEST 472.42 FEET ALONG SAID EAST LINE TO THE POINT or BEGINNING, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTOl'I, THE PARCEL DESCRIBED ABOVE CONTAINS 33, OBJ SQUARE FEET (0, 76 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HICKOX, P.L.S, JUNE 2, 1992 91407,0B/SUR54B ·------------------------· ......... ,--.,··-~-·-,-~-," -,-.-...,-,,--·.,.· --. -· .. I >:: ,7.i j " u . ! ,., r ... ;::. "· ., 0 ,- g j ' ,o ' .. ' .-I ,40" I 'f' ! I ' I .(. (::"j" "? ' ' · 70.00',,.l I ' ' N&•o9·51•w ,":'-::.I .-··( r.1 ' ... ( 1-. c::=-: i _i I ·-· I I I I I I I I I I ) \] C} ~-··'. I p 0.8. N0Sco1e N 88"09'51' W i..(J'']" 8 ~ NORTH WETLAND SKETCH POWa.L DEvaOPMENT Bl.RI.NGTON NORTl£RN Bt,IJ!NG SITE PLAN PfEAU£D BY': BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS su.rn[,W.f.SHIHOTON )1),,1,1 JOO NO. 91407.00 6-8-92 CLC WAH I F I r.::fe~P,aa•&<@~l~ ..... ~.&~· ·'-"'""'''··~· ·=·· .. -cc-c, ~-._--,..._"I'-,-... -.-~-.--.~~ 1 ~ FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMEl'IT .. . ····· ... ,,Thia Amendment is made and entered into by and among /HCWA,,·Realty Corp., a Washington corporation (".lli,;;11 ), Powell- ,. .. Orillia Asso9i.a;t.e.51, a Washington general partnership ("Powell"), ·., ,y' ,Eai;,tgate Th<!atre, Inc.,. J1.U Oregon corporation ("Eastgate"), ·· /Pe:ter.:w .. ,·Powe,J,.J ('!P. B6we1J 11 ) and Lloyd w. Powell ("L. Powell"). ~ ,,,· ,, .,,~.,. "' i ;/ f'':,i 1 j / llEC:I'l'ALS li 'j I J ,, _,... ,r .. ·: ,: ;' ;.' :: ) ,h:/ '/' ;: .. ':;, \ HC"''an<f P9i.e;J./prev~6ns,,iy )have. e1;tered into a Reciprocal Easement ·;,~ee~t;· w.l,th ",<::ovenjlnts;/ conditions and Restrictions dated June··•,,g.o/ 1992 ,/and•''reco'rd:~q in the Official Records of King County, WashinCJ'ti6n,_iund~r fe'.~/Ne;i 92063~2702 (the "Agreement"). Powell aubsequently' co~veyedjLol:: 1..--C,~fined in, the Agreement) to P. Powell and L. ·Pi:,well who A>wn' i;.ot l ·~s equal/tenants in colllltlon. contemporad~qJi~1i' ...-{t,h t)l;;;-":l'x~cu,t'~;l of this Amendment, Eastgate is acquiring Loti',3 .. (defiped in/t;ie )i.greelllent as modified by the lot line adjustment aienti6!189, bel~w) /f:r:;oJtl'·tti;;,,. In "'· conjuni;;tiQ;:ri. with that acquisition/"'th1a par:tiei heretp (s:\,hg;l.y, an "ownep~, arid. collectively, the '·!/QWners•:·) gesira/t~. cl,ari,::ry ;'and resta,te ~ert•.in provisions of the''"Al'.Jr"!em<lnt/""•· •·., ... ,,/ ,, / ., .. ,: AGRBEMBHT . ,, .. ,/ ' , ./Th~efore, in consideration of die ..... p:r;emi'~e:~ ahd other va1u11ble/cons~gerat.ion, the sufficiency of whii:\!l /'ii; h~eby ,ac1enaw,l.edgad,.,' the owners sgree as follows (unless .,6th,erwise 11l,'1icated • .i11{ll .P~itlllized terlllS used herein sha1i:'··ti,/ive the same melinings .,.as:," are attributed to them in the Agreement) : •<·,:.,,,,,,..,.,,·· . . .,· .-:: .,,,--",•., .... ,. i, ff. S~ch;" .,:ff the ····owners warrants and represents to the other ownerii! that,,i'tl;le "\""afyari,tipg Qwner owns fee title to the portion of ti:!,~ S..11bpj;d . .1fg Cet),ie1:' 11sted balow and that the warranting Own<1r h?,s pct c:reater;i', a:si;;umed, or acquiesced to any indebtedness secured by,·,iiens encu)hbe;ring the portion of the Shopping center owii1i!d by ··11ueh OWn!!i·: t '' '·:,. ,/ _:' /" ,,. .: QWHER L. Powell and p·; ,J?6wefl He Eastgate Powell -."',,.·' ~.,, ;•· Lot 1 ·;, ··""'"-· ioj 2/ Lot 1/ ;;s.f 4. ,5..:·) / :t'.,.·' _ _.,· The owners also acknowledge and agree that the cipmmori'_bo.nnd~rt .. be.tween Lot 2 and Lot 3 has been modified by LOt ·a..~:,:i!l-/a.dju!litm~nt · reflected in Lot Line Adjustment Mdp recorded in the offi¢ia:li' ,,. Records of King County, Washington, under Fee No. 9511'i!.ll9'006:·; -' FlLED FOR RECORi'i'AT,i~Q TRANSAMERICA TITLE IN~ · ., 1 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ~11oofilT1iin9tftMA 320 108TII AVE. NE P. 0. BOX 1493 BEL!LVUE, WA ~ I f .. / 2. The third sentence of Section 2. l of the Agreement 1 .·.· /'' / i'i ~~}eted and the following substituted in lieu thereof: ;,; / ]'\ ./ /' / :'." :1n~~ p~~k!!~h o~r t!gr~~s t~o s~~~:t~:t and j \ / ,· .' ... · 'improvements erected from time to time on .~ ··.,,, .... ~··/ ' _.: . ·' sucii"'Lot equal to the greater of (i) the ~ ·: ' i' .nlllllber of ~rlfft'lg spaces required by ; '\/ /' / app·l;cal.llr.:Caw_ .. st'l the time ~hat building ,fj , ,:' p~TIU;i:ts_'cll;t'e i~!!lllecj., .. fo;i:-the improvements to be '), qpnl;ltrqc~d, ot_,,.fli) ,t}W following ratio: :(i ,;.__ _..; ;:-. _:; / ii' ·~· .... -~ if -:;: .. ·'" . ~ ./ / ./'·.// ta'r~.11)4 Ratio t ·.:•. .,.. :· _f ·'.\:.: "/i ·::. J' ~i ·1:.ou·· 1,/2 Iii 3 / iL.,1°·.,.s'tall.s for each 1,000 .I•• •• ' ·: •• ~ -1 ·;,. c1 /"'''aqUare feet of Floor Area ~ Lots 4\, ... r/ & f .. / i. o·' ~:ta!ls for ,;;:tp 1, ooo l .,· sqiiare feet: of ·l?.1¢::>r Area ·~ cn NotwithstamiJ:lg,,.fh,/·g~r~,:~'ng/pitf~;~g requirements, if ~.: a) any portion of L<;i:t:/ 3c is( develb{ied /fo:r;. ... t.l):~ purpose of ~ C"J ,."•,, .. ,. operating a cinema, l:hen..,f;!:iich ,,Por.,tip'n ot··•,¥'t 3 _,Sb,1'11 be JJ ~ , •i,;;.erved by parking staJls equ<!,l t:.o th11J .. ~eater pf /(ll) '1 o(lJ t~,a, number ot parking ''El!;,~).'1:s,.,' re,.(ii:u:i,r.e.c1i·::.ei a~pl:fc~J:il':' law ,': .,,.-. wi tJt respect to theatre use/at .,,-toe t me that /building ·Jrl N / ''perin. its are issued for the ·Illl'*Ocv.·· eme .. n't_iS_ t_p b. ~ ,.i .J_" ~ . /~~~tt0ft!~~t~r i~yki~n:oti! ~~!t;~~:.;:¢~i~~¢~v~~ 3; -g / pr#vi9!,i~, however, that if applicall'l!i' 1;9.w/pepnits less ~ / inti:,l'ise P,!;lrking for cinema u:.e (i.e. ;"•,.J;jn_¢· (l) parking ,;, s~·11 i_s a;llowed to serve more than fouriJf) seats in a -,1·.. ,/cineiµ,i')\, after January 1, 2006, then the pat-king within .. , .... ,_ .... / e;uch/ p~'i:'t:iii:>n, .. o-r .... J,ot 3 that is used for the operation of ~ cin~a ~~y be r,a,duced to the level permitted by iil a.ppl:,,icabfe.' lalfl .. ,,so ,·1ong as such reduction in parking jJ d'Qes no:ti mat~ri4,1J;Y .,ii:i14 adversely affect the parking I with.in{ or ';1S8 o°f·-i' Lots 4 .. and 6 • . ~ J. SecfJo~•-"·(b;i, (d·( :I,;' ~:;;ae.d.,. by adding the following .; sentences thereto: ·.-,.,,,., ,., ...... / ·· · · //"· ...... ,., Notwithstanding in}'thing .,:toitn~. co~tr.<1,ry '~ contained herein;.. th,e owfiers _,6c~owledge and ·'· ag:ree that Lot 3 iliay/in6l~de/de1i'elopmenf;i of q up to three {3) outl6t,'pads.i'(tl}'e '?Lot 3.; ....... -,•; ~n) I .:.a.ch containing {w ,;'to ._,Ei,QOO_);qµa,re {) feet of Floor Area, and sul'.::h ;tot,· 3 _;.Pac;l:a,i may .... ,. ,;1 be situated anywhere within Iiot/3 ,;,is .,t_!i,e ... ."'\) ~ owner thereof may designate fr<im time .,to/til!ie .. .. //··· i{ so long as the lil;,,me do not (il en'c:ni'a<:ih iipori•, / ./ .. , -.·J;l the building setback lines created "'by\ ".,, .... •'\, .. , .. , / _;:"'"•,, [~ Section 3.l(b) of the Agreement, and (i;j.) l:i.:; / ""' west of the north-south line dividing tlit'!', .. ·'"·' _;' ·i portion of Lot 3 which is currently zoned .. ,,, , .. ,.. "\~ {:rs")-·,6 ·ti'· ·hf \{. ~~~ ~i 2 -Fl"RST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT f '•:\,,,:/ i ·, :a:mwww, commercial arterial from the portion zoned medium industrial, such line being situated approximately 140 feet west of the west ···right-of-way line of East Valley Highway and qoinciding with the eastern boundary of .Lot J; provided, however, that such east-west ·'lµlitation regarding the location of the Lot 3 Pa~s (1f"'sh,all not be applicable if .. •Ealll,:tg'llte, i!"'Jprec,,iuded from constructing a · c~rie$ 911/tot ,;3''"a~.9-···~pening the same for bµsi.nes15,\.and {:y)/sha}1,a.not apply to any Pad l.y,il'ig !ifou.th c;,t;/,a···up,i G'tii.nciding with the northerly b<;fundary qf i/..oti' 4. The Exclusive B~.!;)..ding· ~a t,or I.#1;.,,.;3'•·ihall be deemed to inclua~ tlj.e Lc;>t 3./·li~ds;,., one of the Lot 3 Pads cµrrentl.Y i.S e;it:pected to be deyeloped in the portfon dt Lfut./3 i!hat·"T:tes nea1f'the intersectiori oe'· Sl)ut)iwest 41st: Stl;".~et and East Valley~!Ij;ghVaY, (the }'south fad'•f) . If a cinema is ere¢t!'d 9'?1 :'to1;•· 3 b~ }Eiji;t~te and ·•-opened for busil:\'e.!;,S, ,:th!3n East:.~at~: a9-r::e~os. /'·,, ... solely for the benefit o.f.,,, . .-the .Owner ,,bf Wt 4, · ·'l'le/.t to erect any imp:t~vamel'\ts ... ,·· on/ th~,. ~011tli\ / ? Pa4 prior to January 1) ... ,,J.Jl99.i othcµ-.... t.l;j.ar1/ su.ch/ ! ' , i111provements as inay be nece.isan, ,to us·e· thii ,, · ., Ilouj::h Fad area for parking pu:i;poj!es,rthis/ ./ !':ovii,nant of Eastgate is solely f'or ••the / ./ ./ben,efit of Lot 4 and may be enforced only »y · tht owiier of Lot 4 • ' ... ·: .,·· ··., .. .. ,,. .~<./· S..1o,,:,tion 4. 1 of the Agreement is h~r~I;'>;'( deleted and thia .. follo:w'ing sllb'$tituted in lieu thereof: ·, ·\,.,,,.,,.,.., .. , .. •' :: ,,---, .• ,. ,t.1::'Gr4nt'o{ Ea~¢tDents. Subject to the p,ro'1'iiilio)'[~j" of.,,.·SectJoo 15.13, each Owner, as g:t:~toi:;,{ .,her~by\9ifants ... to the other owners, for-,the ben~fit 6t said other owners and their re~pei;,t,,.~ve t!i!'nants,.,'af!? such Owners' and tenants' ·:,customer1{, invitees ,a,nd employees, a nonexclusive ease:ine1)'t tb use) f!:)r the purposes o:f•"obtaining acc~s:; to>'art,;J, from the Shopping Center/ the''··i'oa!lways .. ii!fld W:a;i.tways situated in the C01111.t1on ?.l-'r~ ahiiiany··· ··.,,. facilities which may'. b<I' e;re,:,ted/ in ... -the ~o:mmon Area for the general ·1-1Se.:.· of/ cu:;toiners of the .. Shopping center (such al.;)llfss /tr!lnsJt / .. '.,.. · shelters), all as more pai•tic;i'llar1y· 1<:icatec;l.. and described on the attached .. , S.i te.' P la,.n, .. !!'is.,) the same may change from time to ii)lle} th'E!.·. / foregoing grants oi easements are··, .. l\oti ,, .. effective as to any Lot which is part' .. of ··the • ShOpl)ing Center until construction is ., .. ,,,., .. , ... ,/ commenced on such Lot. 3 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT . ~..., ..... r~:~'..~'"'""~rn,.,c,, . 1 ,).,,.. ,· 7 ··-.·.•·· .. ' . -. ·--;~"!'17.:"'; .. ~ ~ ~ , : The effect of this amendment of section 4.1 is to eliminate the 'l :. c:i;o:ss-:-parking easements formerly contained therein which created ~i ctoss-;l)"rking ea!5e111ents among all Lots in the Shopping Center. ,{ ,:th,e owners acknowledge and agree that the parking areas contained ··1.·:·.\,,_.· .. ,... /with;i.n. their respective Lots shall be sufficient to service all , ·.. / par~ing needs_.,Qf the improvements .to be constructed therein and ~ ...... ~ _.,. .th/i!-t tj'le:t' ¥,··not.•, ... requir, _J>arking easements over the Lots of the :. ./other/cwt'lE;,rs •. To'':,givE!'·'··eftect to the foregoing, each Owner hereby A.·.!. '\~itc'iaim,s tpc"-the ?o'l;h,iir _gfiers the parking easements which were '-1 ·ore~te1 ):ly ~e°fio!" .,a .1 <i,.t tp.e-.. ·:A.,ireement. ~ch owner agrees to 1 exeC1J,te such ~d.i;ti:,mal ;i:l,i.~e11,ta,,,./lnd ·to. give such further .·~ llBsurfin~s ·a,;( 1118,f °be ... ···· I)~t,,saai:;y/to .. ·• ·properly document the ;~ agreementfl of the .,owner's(: set '·fol.'!;.tJ;' herein from time to time. The .~ owners agi'e1;1,..:t.-6 use ;\:heir re¢llii'1!3ble efforts to prevent their ~ respective tenants ;itnd eus1i6iile'rs} and the customers of their :; respective tena1{ts,/ tr9in qsing 1;:he,,p.i,;rking t,i;c.ilities serving 1 another Lot. ··.·.;/ / ./ / f ·· ·.,,. f '} ~ 5. The se,011~ .ii:d,\iir,:f·~eni~nc~~/~f Section 4. J (b) ::j of the Agreement are dele(ed/a!'id .the 'fq).l13wing substituted in ,. lieu thereof: ····;•;.i ·· /' " ~ ,/':,,. " ••••• ,, ,Y ·::;~, ij ' 'Ri!!,stgate agrees that\Fowel]} mi,.y ,-'tempbrl'i'l'-il'ijr .. / / !.' a, us'~ a portion of Lot :f-.. sittia,te<3./ t~ "the.;.dasj'o: / 1; <1'I ,.' .of ~t 4 (out of and a part·:·ot.-· t)te a;e,a : i' s:; (':I ,;' cross-hatched and designated· ·as ;th,( "J?-.bWE;j11_: li '1-4 J,taging Arga" on the Site Plan attached ;i:s / "-Cl) /Elc¥bit B to the Agreement) duriricJ .... tlle ./ / .. § 0 •· in:i.t:i,al,, .. construction of the building/on' I.,ot )i ~ ~ a:rid.-'1:he Building on Lot 6 1 provided thaiti ,;' .~ (IJ ·• ...... ·· .{i)) E.µ;tg!ite has not constructed or comm'en¢'ed ~ a) ./t_ke ~onliitriiction of bui~ding improvement,. ··on 'll ·•· . ._,." __ .... the;,Loj;c J}P¢'"si~uated in the Powell Staging ·l!l Arei\ l).t th.e time 't;;hat Powell requests use of L@ $,e ·pow~.i;i:' st;agJ.n,f }4;:,a for the purposes -~ pe~it~d' h~rein; ['(:i,,i)"::.·the other Lot (Lot 4 .!'.l or ···e.,-•"as }th# case''ru.i.Y ,be).:o-,'{>reviously has been ·! developeq to, .. tl;le epd ,tha:!: i'!r, is not available ~ to serve '~s a il-,;aging a;ea }( "!'ac.!t of Lots 4 -~ and 6 to &~fi!./aa' stag:i,ng .ar.eas,i .for the other ~ 1,ot until they ate develope\f) ; ''( iii) the : ;s'._;·.' portion of the Pj;)welt"'St<1ging .,·At:.ea '!;.o··l:)e used 'El is no l!lore than to, OQO ~quarei' fEi!et in slze 'i and is bounded on the w.e st., iouth 8.li~ e~ st by ·"• the weat, south and east . .'·bounda'ries of tne··"· ... ,", ]} Powe~l Stagi1;lg Area; (iv')J1iowe,:il.:obiaifl,;,''all ,;l permits required to be obtained .:f'rom .: .,· .. , , .fl applicable governmental authti'r.j,Jie$ t:o/ al:l<>Wi' ·"".;; it to use the designated st.,,ging .ilrE\af arid'··. ., . ,,;..· ell (v) Powell holds Eastgate harmless<from ii..J,J.. "-/ / I claims, causes of action and liabilitl:~s }! which may be asserted against Eastgate ·by . ,. . .t reason of Powell's use of the staging ara'i:r;· : ';j. 4 - ·a!,: :1~ :;~( };{ FlRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWIii J/Wll,/ l ffll981MAMi6'41ll7 .~ ~£}, .. ,. "·"" ~ ·, ., .. •:;._,/ .. .,_~ .,· 6. The fourth paragraph of section 4. 6 is deleted and th.e .J:ollowing substituted in lieu thereof, One sign may be located on Lot 7 in the ,:location designated on the attached site .Plan. Such sign shall be divided into three ."equaY···.~locks, one on top of the other. Any .of the ·owner.•· 'c{f,,. Lots 2, J or 7 initially may i elf;>ct. to aetistrubt such sign at the sole · e~e1;ise/c:ii th{"'~e!'.,.,~lecting to initiate s'Uclf O(!rili:l;ructig~'. T.l'l(l,,,.0wners .who do not u~rt,ake/ the/;ifri'.i tiat .co'i';lstruction of such . sign .. (PCl*el.i'/ J1c of ... Ea:'st;{Jate, as the case may ·,,~)., .. -!i:ha,Il l:ie entit}<e,i•,J6 use one of the sign blocks/to /adv!irtis.l!o/th¢ir respective busine:'ssE!'s by' rf!lmi:nJrs'ing_ ... t;,he cons1;.ructing owner w onoe-thira qf .. the co.st of/ ···,. constructiqri ot t;he ,sign .. ,. Th~ coii~t;iucting OWner shall'•·.p.ave/ soler control ::anr,L .. :use of each sign block until ei.ich t:fine 'illi<iart' owner entitled to nse''a .. /sign ;hlock e;l-\ac~;. :to'"'"· ,_contribut';' its one-tjiiid-'sl)_ar!f of ,/ .,. ./'·"'; "o.i::mstruction costs and use ,,:tn.e 'a'ign ··'ti_J,ock \ ._. a.1:J,ocated to it. If H"G-."eJ:eqts ,to _ .. par.t.i!i'ipate/ :' . in ·the use of such sign, HCishal")( be .!",ntit,!i.ed ·· to µse the top block of such -i,1ig_h to · .. · advi!rtise its business on Lot 2 ;\ if•· East~at;'e /ele.cts to participate in the use ·-=,of such: ,,· si4n, __ .-tl;len Eastgate shall be entitle~· tb ,iise/ f the/iniddie block to advertise its bus'irieiis on ~t J ;, .. ,and if Powell elects to particip,/t~/in /t\'.le vse} of_:' the sign, then Powell sha 11 be ·•- ..... , .... ,. ent:j;tl~ to )J..S'E!'' !;;he bottom block of the sign t:o 6-dve.rtisia its "t>_usinesses on Lot 7. The O)iniirs p1f~tio.ip,ating ,J.n the use of the sign ,;;hall be' .t>bl-:i'.gat.ed· to ···share in the cost of maJ:nt.aJ:n:i'ng/the ~'igfl iri PJ"Oporlion to the number of si,,9,'. blocks,,•ut}li;ed by them. An Owner sha,_11 have n<> o'b1.i,gat;ic:it1, to pay any constructl1;in cir" lllainteniincia cosl:!o. with respect to s'tlch ~ig!<i_ uiil~ss ,'arni'-'i.in't-:Ll such Owner elects to use t'lfe space ... .on th~.-~,i_gn alloe!lted to :Lt. '=, ... No·::bus'ines,:;:.i.s :;rnay be· . advertised on euc:ti· "5i,gn;' othef tlian,··the =: businesses conducted· 'bri ~tis 2 / 3 .··an~ 7,c. . ..--, ... ·'' ,. .• . 7. section 13 .1 is amend~d ,6y _-6:harig,i,'rig H.C'l' ~J:ldJ:.~ss to: HomeBase, 3345 Michelson, Irvine, ''C.alit:tir1')."iii 9_27'll,$, ),.ttii·;- Vice President Real Estate; and adding ther,eto,,· Etls"\;g\it;.e' ¢ _/ · address: 919 SW Taylor, Suj.te 900, Portland:--,)Ofegb_n .... 9'7--ib.s. .. . ... ,..•-:. .. a. Section 15.10 of the l\.greement is ''dele-t,,:,c;J' an'~ the, following substituted. in lieu thereof: .. ,,,,",_ ..... -" .. · 5 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWW1too.llifl03398/;k,~.i .J r Nft8!f' w i?liif@:;.t;.., j 6 - 1s.10 wetlands. (al Eassment Grants. Subject to the reservation set forth in Section 15.lO(b), Powell hereby grants to HC ··.··{I.· perpetual easement appurtenant to Lot 2 ~.the nHc Easementh) over and across the portion of Lot 7 described in Exhibit "A" ,attiichec(l hereto. Subjeot to the reservation ,· set forth in _..5e¢t;ion 15 .10 (l;)l , Powell also .,gr<1nts and ,qonvefs to Eastgate a perpetual f e'\SeJl\8nti ~pur,tllinal'l-t .. ,lc'> Lot 3 (the "Eastgate , g;ljss)(lent:"'),. ove~ ,a.lid aqtoss the portion of Lot . 7 'de'scr1b~d :j.r{Ei{hip;j,t ,ii')3;1,' attached hereto. '\Subje~ tb t;ht.{reee~at,ign set forth in Sectaon ·15 .110 C l:fl , Ei1'-ct9.11fe hereby grants to Powell Jil. p.Brpl:l,tua.l,)e~s~ent appurtenant to Lots 4( a~ 6 Jth1i" "fowell ~asement"). over and across 'tb'e pcSrt;!.iin,···of/L9t'':f'·a,escri\l>'ed, in Exhibit "C" ./at1::ac)ied/hereto. ·:,,The .~c/ Eastgate and. ... P.i:>Wl;!'l.l ,Ei!isel\l'fi'its C(t~e .. ··.f "Ease111ents") mayi bEif ~sed•' by'\~ ,bwfyars of the Lots benefitted.''th,e.r~by/ (Lots"''2f :l,i;. 4 ... .il)ld 6, /"'·•,,.respectively) to proyidiL,.,~tla,nds,·111,!atiga'b\!=>n, .,· ~torm drainage and s1%?rm wate.r r.¢tel'l'\:,.i,.or:i. ti;! sei;.ve Lots 2, 3, 4 and<,ii .. 1 .... ,t'e\iipe<;iti,v.e.l§, :in ,: / t\collipliance with the requ1re~nts .Pf the"·'ci;ly / / \,f li,enton and any other govii::)}ine(ita,1····"·.,, .:' ·"' .authorities with jurisdiction' ovi,,.r "tb,{ ., . Jdev:elopment and use of Lots 2 , 3 ;,:,, ... 4 and /5 .,/ .. ' Th~ i,mp:rovements which have been e'i:·e¢ted !ir / lll~',',.,,·be e;r.t,cted by such qrantees in, 6n/apd .,, ),mder .. the Jand enclllllbered by the Easements/ /(~he.,··"E,-sel'llent Areas") may include (without '··-" l:imt'tc:1tion) ptoswa les, retention ponds, (iltra,t.ioi'i.,..systeim,,, storm sewers, storm cb:afns, 1.(n'd s,i111ila',: facilities. The HC Eai;:emeni ,ihall :~e /:appurtenant to and for the berlefi't 9f ;Lot 2'0·1h\l:I. shal+ run with title to ~t 2, r;.ga.r;,gJess .¢f ~hetl'iar any subsequent 1.nstr~ents of'··fOt:i':'eyanc.e <;"ov,e;ing Lot 2 specifical:i,y !,dentify t,he ,nc;:: E~J!l~ment therein. Tri'tf Eastgate,•Ea.se]!lent.,··aha.ll be appurtenant to and fo•l tjie 0bel)_~fit 9,1:. ... Lot 3 and :shall run wit.ti )"4·t1,.;· to r,.t,t\3, feg·ardlei;s of whether any instr:i.u,u:µ1t.:' of/ convey,11,nce'o: covering Lot 3 specifil:a.lly/ id¢nt.ifi.es ,th<il, ..... ,,,. Eastgate Easement. The 'l>owelf Ea'sejiient .shalI .. be appurtenant to and for the·'bene:f;'it .''of ' LOts 4 and 6 and shall run wt1,n,· t~0tlif };o . .'\,} Lots 4 and 6, regardless of whether .,afly /···.,. ·· , . in:strument of conveyance covering .J.,ot, 4 ·'or · ,,: : Lot 6 specifically identifies the Pow~ll' · ", . '. · Easement. The respective grantees of ··~.he .,./. · Easements (the "Grantees") shall be .,,, '"" ,. responsible for maintaining any drainage, .:~,,, ····'""'·', -~,,/ FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (8WWl/0092.l/10!l9'1W,,~'i;'1) '; -~''..': ,• ,.j ,,, 7 - retention and other wetlands facilities constructed thereon to the standards . designated by the C:it.y of. P.enton. The ··.· ... ,.granters of the Easements (the "Grantors") ~ay not undertake _any use of the Easement 'Are<1,i; whieh would inhibit or interfere with ·· t;1'tEii u!iies permj,,:!;Jed to be undertaken thereon Joy the Grant;ees ;} The Gran tors and subsequent . / owners Qf /tee ti'tle to the land enclllQbered by c' t~e )i!as.nts;'.sbal,·l····~ and remain liable for i p'ayi;t~l'!~: <>fall/ ~t~l pfo~rty taxes levied ::, ai;Ja:lns;ct t;he il!ipd e110ulll,be~d by the Easements; '',provi<iech h,6wayer, ·'pitit; .. ;imy owner benefitted bl( ... ah Ease)ii.ent;:'may /PJ!Y, such taxes for the accoun~ of' an'/ G,;'ati:1£or/or its successors who fail to pay 'l;he /sa:uie. f PoweJl, HC ~n..d Eastgatil/ ag:qee . .to ~xet:ute stic~ add.it';i:onal documents and :to .-.<iive /sucJ:1" ... fui:thef,, .. §t'ssurances as may be :rii!,~_,fs8c.ary, t;;& i?,rop;~rl,y .,de~iin>ent the creation of thei,Ea_seJDen;ts to,,.,_l;a!i'i),l.tate the . development of t0:1,fs ?-, ) , 4 anr;I' 6/a:3: .. ,.-·"'·'·· .. , ... _/"·,,, .... contemplated herein.'.; ·.,, .... ·-'::..,... / f ,/ · / ··\· , (b'). Easement Reseryat.'1ens''. 0 / Ea~tga~~:::~~;se~v~.,!jt t;£e ,,,,rig'l:lt to use the portion of{tha: E'asem~r.t !;re.is / iii tt).ated in Lot 3 iri Colllillon ''w.fth( tlJ;\i' qi.,,nefs /of./ i.od: 4 and 6 to provide wetlands\mitigatfou". ,;f'torm /dra1nage and storm water retentibn.,_.f¥i}i'li1e,;' to : servi;:.-Lot-3 and any improvements whi~ ,in~y qt! c,cinal:.ructed on Lot 3 from time to time\ ,:" Powell ieserxe.:s tbe right to use the Easement Al'e;ii's ,/13,ituafceii. i.ri Lot 7, and the owners of Lots ·2 and 3 ·· ,,_ · ,, shall g'rarit .t\'iif' owner of Lot 7 easements over and a'cri;,si;r'' th,~/drainage and wetlands facilities described)in .E$iti'it.-.. "D" (the "Lot 2 Easement Ai',~a") r/aiid .,Exh;i;l?$:I:. ··"E'! (the "Lot 3 Easement lll:.U"f as h¢reina'ft.er ,prov.ided, all to be used in COmlllOn Wlth'\the Gr;{rrt!!eS /td';, provide wetlands mitigation r stdrm.idr~ini!l.ge .:'i!.l)d•q;torm water retention ·:~;:1ciJ:ltie,i{ tc{ serve i.ot .. 7, provided that the followincf cot,dif.ioris .and co<ieiiants are satisfied in coni:,ect16n tlJ,erew:iot)l: }.(-i).. the proposed use of th.e ... -Ji]aseinent .J,r$s situated in Lot 7 and the Lot 2 i\n<t Lot j Eis~·e~t Areas (collectively, the "Master Easement Area"}···"::tn4 the wetlands and drainage fac~Ji t:iks icorist;fll't:ted .. therein by Eastgate and. He; i::~s~~c~i :'8:JiY { ., ,: .• (collectively, the. "Drainage Fa¢1l1,t;r.es 11 ) .... :must ,be ·•.,.- approved by all governnental autni>rities /havJn'li i .. ,-;..,·· .. jurisdiction over the Drainage Facilities., .,~61ft6n ,.· .. -. Dennis & Associates, Inc., or such other eng:i,neerii as are engaged by the Owner of Lot 7 artril, .. appb;ived by Eastgate and He (the "Engineers"), and'····;. s1"c¢nd civil engineering firm doing business in the·. · FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ,;''" .:· .;.',/',,:/" .,· ' l I l l j ~ ~ l .] I 1 l ; .....,....,, •.. ,, .. , .. ·,•. . .' '. ,· ~-· Seattle metropolitan area (the "Second Engineers") selected by the owners of Lots 2 and 3 and engaged at the expense of the. owner of, Lot 7; (ii) the use ··· ... of the Drainage :f'acilities by the Owner of Lot 7 ·:must be implemented in a fashion that will not /interfere with the ongoing use and operation of /thof"'B'.tidnage Facilities or reduce the capability f ,of the I!raiziage{''facilities to serve Lots 2 and 3; .,· }(ij,,if,, ~e ,Dtai':),ir:Je Facilities to be used to serve / a!}Y por1;:i,iin o( ·to~····7'·'·s.ituated north of the . Df i veway "~as~1? ·PropeI:,}J! (the Eastgate oz· HC ·: Dr;,,{nage .:FaciJ.\,tlea,,",,a~ · tl'he case may be) shall be \ deter,i:ifined !:)y'.j;he ~gi~rs and the Second ·En,g.tl'iee;'s; /( ivy th'¥' \fi'a,inage Faciliti~s will not be use¢ tcf provi~e,,,tomn water retention and drainage serv..icep to the pol;:tion ott,.~t 7 situated south of,/the/Drj'vf'l,;.iay/Easeme'r'il;; Prope:ct;y ("South Lot 7"); (v/ nq' ui,ie :ma,y be .... mac:1:e o:f'';•~t 7 which involves thE!'.,.mam,ffadtifre/''u'/Je .or . .ii'elease of Hazardous Sutiste;hc .. ia )::,tl).er th.i'n ;1th!ii' operation of a gasoline service····11,tatiori on South .;t.ot·····t··t:po '"'· ,.,,gasoline service sta~iori'·:l>e..lng/peohi~ted o~ North} ~j: 7) and customary ~e o:f/c,l'eaning ''s61yer(ts ;i'n,f the:. like ~n compliance ''lti.tt ,:nvfr9>rtiiiett1la·l La.w.fi (}!is ,:,...,:µse4. herein, the phrase 11 Ha~r9ou.l!; SµAAtan(;e!l" / .i shall 1nean all hazardous, toxi.tl, !iint'ec,l!:ious .. or/ ·· rad:(oactive substances, waste .. oi, .. miitiarictisi' .. · )Lisj;;ed, defined or regulated by ariy .. ,E~vi.foiimet,tal iLat.t! ai:id.,,,$pecifically alao shall inolut),e.;'pitr~leum, oi,l .. a'.'nd its. fractions, asbestos, urea-···· / / fii:i;ina.l~hy4e, and polychloribiphenyls; as···qsed ,l'ie.tein', ·.th~; phrase "Environmental Law" shall mean ·:,,,., .. ,,._. .. ,ia:i;'1 fed•rat, ,st:!i't~ and local statutes, regulations · al\d ¢le9X'e~/perta:foing to the protection of any aspect· of)' ~umiµr')le~)t~ .. or the environment that are nciw, or ~Eli;ea;.ter\~pp~l~ble to the Shopping Center}; .(vi) sholi1d.,· aqy Q:f.,, South Lot 7 be used for the pi,\rpeia~ of."operaf;ing a gasoline station, then, in ai:Jditio,p to .iomplyi'ng' .. ·w;i.th the requirement11,,. o(/ al)plt'cM:1e ,:laws ,/.th$ Owner proposing to 'cons,truci.t .¢uch gaso'line::. station shall require that such:,. servlce/stati'Ol'l, faci"li,ty be operated by, or lice_nf;led.iby; ohe iof the iilajor oil companies, and shall ~);>ta:i.n £:fom/the'"·1;,petiator of .. ;;.:-;.: . the service station eil::hei ap iridemni:ty .or,,/"'··.,,,. · insurance policy from such•,.,,9pei;i.tq'r ior.i .. the ·::., benefit of the Owners of Loi:s .. 2 iµ1d /3 .(~nd ~l;>je9t,,''; to their aclvance written approval, .which w:;i:.J,l" not) ··,, be unreasonably wi thh!i!ld) which prtjte,.cti3 ¥halt! ,~/gin .:>·· loss, damage, liability or expense Nsult1ng,,,.ft'Q1!1 the opciration of such servic..,·station f~pility _and/ any Hazardous Substances which may be releij,e.le'd :'·or,' emanate therefrOl!l; ancl {vii) the owner of Lot /7 .,.· ,, shall pay, in advance or its use of the appliCab.:le ., 8 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWW1/0092.!/100l981MAM/63<0!7.7) ,. "·· ,-·-·. ,,, ., ,/·\,/' -" ~-"')· /··:./ f, Drainage Facility, its proportionate share of the original cost of constructing the portion of the Datentfon Fa.cilit,y U5ed. for outfall purposes .. based ·:on its projected use of the Detention Facility. :To the extent that any of the obligations of the ,:own_~.l;. of Lot 7 set forth in subparagraphs (i) tJ;t±ough. (vii) Jipove contemplate continuing or ,6ngoing\per~ormapce, the Owner of Lot 7 shall be Job,l-igat,;id /t6 c,;,m:,ly with such obligations so long :" ai;' it:! U$es th,f --:1,afemen,t Areas. If the owner of Lbt ,7 el.Eicts t,0,.,1.r'se tfiB' Drainage Facilities, tl1en ·' the,.Ow,'\eJ;: · of,)i¢t' 7 .ais.6 '(fuall be obligated to construct, it',fits Eiqle\cost aml expense, any ''imp_r,,6ve;nient's t¢ or J,:ril{'.rgements of the Drainage Facili tie,,( regui~ /to /a.ccommodate its use there<#. /All" cqi;;t,i:· ol{ mq.intaining ·'and repairing the Drainage/Fa.!':ilitj,.i!ie;/othel'::tha1/r~})air costs resulting f,romJth,e n.eglig~i:ice :;0f ah.}'.>wner or its agents or empl'byees.:' (which :shall/be. paid for solely by suc:fi Q\oln,;jr)' sh~l1'':be° p'ai!,f by the Owners . sharing the use 01:c' sµch:., Dfainage :ifac.tl'lti;~s in ;;, .. ,,·''·•,.proportion to the gre>ss 'n\lmbe:t;:' of' sqµare f~et Qf } ' le,nd owned by each owi:ier wl}Jg'i Ls served':, by, thii / Dr.i\inage Facilities. f'f,,.,··as/ anct l\l'l'len'"th'i> : / , :e•,conditions set forth herein /are' s:ii.tiefied,i the / .i qwn~s of Lots 2 and 3, as appiitabfe,)' shilf gtant $asaments to the owner of Lot 7 q.yei ·and.,:·acf-o'!!s ,:the/Lot 2 and 3 Easement Areas, cons.i~tent/ in:' form ·ancf s;µbstance to the grants milde in Secj;ion ·· 1~;101a1 and the terms of this section'··1!l'.lf,l<bl. . . .. ··, /fc) Mdit~'onal Provisions Regarding Lots 4 and 6. < .... ,,,,...-· Td f;ici;li t.ate·"P'clwell' s use of the Eastgate Diai:.ha,.fe ]1la.::'ilitiii'!; to provide drainage services tg. Lot's 1f' _;!lnd.,...t>;,, ttje .ia,µrface drainilge system to be iri,;talletl /in /Lot:•,,,J !'will':: be designed and constrcict~d ,to acc'bll!moc:iate::,:~hose drainage needs according:., tci::.,:th,ie de.si';ltl riiq\1iir1a>ments of the Engineers i: .. _ Powe,ll;' 51:\All/ariapga,_ and pay for the design and' i;;.onstructfon .,:of ,:a ,:i;,tobn·· .. water collection system:' to::,.sE,:tve I,ots·'·'4 and 6 running from a catch basf\1 situat,ed/on/l'l(),t Ji-tb· ... a boundary of Lot 4 or 6, such,,, .. w'ji,rk:to b¢' dr;ine simultaneously with the installatiorti of a' drain;age·"syst~m on Lot 3. No other draina'ge/wofk ·may/b(i': un'de:ttaken on Lot 3 for the benefit ·6f/Lots 4 atid J;,:·~fter ':.. completion of the ini tlal dra.i;hacje sys:t.s'm. <.1'\1e \ bioswale and outfall components .. ,:bf /the ):a9,ctgi!t'te Y i i> Drainage Facilities shall be 1oized::.t,)' seriie ··tot;Js/4 .;..- snd. 6 and Powell shall pay Eastgata····thi!i. \ .. :.':, .. ·.,,, ,' ..-,,,,.,. incremental cost of increasing the size(,_of s~eh:· _. '' facilities to serve Lots 4 and 6 (as det:tlr,ll)l.·ne_d by the Engineers) as and when such work is complete!'}. Lots 4 and 6 shall be subject to the use 9 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWl/009'2.!11M39$/MAM/6340'27.7) 1 -· 1 I m . ., -;_-.-··:, .. restrictions set forth in section 15,10/b) Cvl and l.Yil, .. ~,....,-. .. ' ... , lt' ~:: ·"' .. . ... ,. , 9. Section 15 .11 of · the Agreement is amended by J,.. }:1<aiie:;Jpg the square footages of each Lot shown therein for ~ \. ,/ purw,se.s of calculating proportionate shares of the maintenance j •• .,,,.,~/ c::011,ts /'}f .th.lil'··'jj'z'iv:eway E~gi~ment Area, and substituting the j /fo;l.lo~ing ,in .. }~eu·t~~?.eof) J . -~ ,, ~ i · /' .,, ,,,, .. --··-,.~J!ARE FOOTAGE '.1.: -~ ,.l, i , ~ ~ ~ ~ • ' ' ,,, ' '1) ' •• M · .. ·.~ ~ ., ' CJ') 1 0 ~ ' N j 0 .. ~ c.o ' ' O') ·. i 1 l I i t -~ ) ~ . , .;i < l j I · £.at(;, .. / '·., /./< _.,Jo/h~ determined* t.:9t 2 _/''·,/< \:, ~i~ .. /1.90 Lob . .,1_,./ ,. ,. ) :53S 094 Lot 4 / .,/ ,;/·--~"/\5-,; ~00 j :: :: ··""°''" ;;.:., Lot 6 .<' 1'5 vObO . .,/ ., Lot 7 i /39°, O~,P,,,._ •-.,/ •The square fo~iaefe ?; ,i.oi'\ i'di p(l:'.Pos.~s.,of this . )?rovisioi;i 1;1hall be d'ettrmin"'fl. in,,iac~·or,:i:lancif·•tdth ,r·\ / the._ provisions of Sect3'on 15 .. 11,, i ··•,,,, .... .,,·.,.,,. \ / ," . ·•;~.. .,,.,,1~>o·''''/ "':'I""'··/ ./· } . /\;i.o. ·:: Ths fir11t sentence of t~/-·s,'~o~::.~arl:!,~ri~l:J:/of §ect1,on .'is;,11 \\is deleted and the followlng';su'bs~1t~te1'i ln lieu thereof:! . • . .,· .. .,· } Th.~ 9Wfie1r, .. of Lot 3 shall construct a "pl;'j_ ~.it,,i roadway w,i;thin/t,h'e Drii/'eway E~sement· Property in accotqa_,nce with the ··:,,.,. requirep,en1;$\of ;-,the city of Renton. The owner ·,lf Lot 3 "\. shal_l' l))ail;ita in j;he )ll:;.i veway Easement Area to a reasonable ····standard .as .des'ignatecl•·.,by such owner in its reasonable disore~idn,_,/anii',:'the __ pthi!r Owners shall be obligated to contrit..ute th¢'i;r p;t'oj:!or1iiclha.te share of maintenance costs as set fortl:I. h(;lie!n. / '••, .. ,.,!' .:· " 11. '"~e ~gite~_nt_,is ~m 7i.d~\i .liY adding the following provisions thereto: \.. ,,,· . ··1:.,, .. ,,.,,,-,,•' •. .. .... ·,,,····· ...... 15 .12. Related Agreement'~-... A::op.te.111pq,~aneci1,1,§JY with the execution of this Agr~.men,t, ~"<tg~fe)and·'"Hc·•t,ave joined in the execution of a Oeclar~.tio_n pf .¢ov\linap.!;_s, (;onditions and Restrictions and Grant of ·'Ea:oenients and.'Qi.:iit c111.im .. of Certain Parking Easements which is tb l;)i3 lril!i.ct/for ··icecord in the Official Records of King cci\li\.tyJ w:astJing't;,6n ,(.\he i · , ... "Declaration") . As between the o~ri of\' Lqt_:' 2 ah,!,;-the ,owner of Lot 3, the terms and provisions of' the p,;icla:t'astio~ .. iiiha,l,l··· ... .. ' . .. ,, .. . .. ~ . supersede and prev<1il over the tenns and ... pr9visi9ri~.:'<>.t' this ':. Agreement to the CIX'tent of any conflict or :(ncol'Jsi~t!"lcf"" :, .. between the provisions of the Declaration and the,,provisions .: of this Agreement or to the extent that any pr'OY!i:'s:i,.bn!.' ofi the Declaration are more burdensome than the provi,iiio.ns ,$'f 10 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMEN'l' ··:(: :: ./ .. _;{ (8\V\Vl /00921rl03398/MAM/634027 .7) ;:_ }:> .,· /'·:,/ ··;·,jl ,_, •., v' I this Agreement. Lots l, 4, 6 and 7 are not encumbared by .•·.~ny provision of the Declaration. is:·r:l Expansion of Lot 7 Building Area. The OWner of Lot ? .. l\1!lY develop the portion of Lot 7 lying north of the Driveway · Ei!senient __ ,froperty ( "North Lot 7 w) provided that th"' f.ollow,i:tig 'c:ovenants and conditions are satisfied: (i) if 11cois!ii to North Lot"'',:,, shall be obtained via the Driveway ,•Eas~ent··}rope:r;'t,y, t~n the square footage of Lot 7 to be . · ui.ed fr;fr i;iurpqses 1ff'' calcuJ-ating shares of maintenance costs : 1.1iid!"r \Segtion. \1.5 .11:" .ll~ll-11 ;.i"',,modified accordingly; '(ii) rio.t.;,itjistandJ,;rlg' any,thirig'ito the contrary contained in Section 2, i Qf t)ie)Agre~erl~ ,/ all parking required by applit:at;!l~ law ¢0 serve ,/al'i}t. improvements constructed on North Lot 7/sha'll be c,iori:!i'ai~ed wholly within North Lot 7 and shall be de:~m4!l'(I s1,lff icir;mt /if ,i.JJ,. compliiJnce with applicable law; (iii) the o,,,mer/ot··· Nqri;.h' Lot'\7 shail}construct and maintain a fenc(f or/'ot;he:r;:" garr!.~r a,lon,j.,,,.1;,he western boundary of the Easement ·Areas/to/pf-eve'nt the customers and invitees of the OWner of No'rtj\ L.J:it/7 {ronl"'•-.fo~sing or entering upon the Master Easement Ar,eas: Liv) in add;i'tipn ... tp the other UEl~'s .. ,prohibite~ by the A,~teeittent,, ~b ps~,;·''may B~ .. made{of N,o:rth·•,{,ot 7 which would involve ,,tt,e manufa..~urej re.ie.;tse, ~ispos.i4 or use of Hazardou's, ... subs,t.aniSefi,·;"'"(,v),)anj d,(!v~iopment /ilnd~tak~n upon North Lot 7 shall,: b!!i r;:iompl_~.ted .,,in,/c~;iiipliance i with ·.._11,. applicable laws, including o,,i t;l'ioui:: limitation) the ,' r~i:rernil!nts of the Army Corps of Eng'}neers; (vji') nh itnprovemk,nts to be constructed on Nortn Lot i shall exceed /\5 fe.et/in.-he;ight; and (vii) no part of"'bi.e -Co:fumofi Area .:o~.ar .ti:Jah th-~:,QrivAway Easement Property 'nul.y/bec.'used to p'tovijl'e/ acc;eee }.o North Lot 7 and the owner of., !forth Lot 7 herel:>y/qu~tc).ai,ins to the owners of Lots 2 and j'' all .,,Qase.ment~ creal'!e(j..,·bY'··Section 4 1 1 · to the extent that they encmnlier\Lgt:s ,2 .,.and J .>. The consent of the Owners of Lots 2 and 3 '1,lith' re..ii:p'ect; .. ,·t9 d13:v11q.opment or North Lot 7 set !orth herein····11ha1:1/'not ,corrst:lit~tlii·:ca waiver of any rights which those OWl'let's ,nay/be entitled to. assert with respect to future developmeh,j;;,..,6f Ncfrth Lcit:'•7 in their capacities as the owners of adjo}ning·'1r<>pefty/ " 15, 14 Exchang~'···~r·~t~. f E<i:~tgat'~ irlid f>owell may elect to exchange the soutt( Pad'"areli fbr,,.-Lot 6{,·"'!J;he owners of Lots 1 and 2. hereby· ... approye ,i:>f Jeu¢:h exchaiwe and agree that Eastgate and.'Pi;,we,lL'may eriter"intci and consumm.ate an agreement tc>"··iha't ;.ffe·ct/wi.'t;hoiit .. th'e. ... n,eeessity of obtaining any fur.1;.ti~r .coriser;it o·:r··'the ': owners of Lots. 1 and 2 with re:iil;>ecct 'l;he:i,'et<;i)proyipe,i' . that any improvements to be construc::tecf upbj\ tp,e'•,,So~t~ Pad after completion of such exchange ishalr n,;it 'la!xceed :c,/ · 22 feet in height, the building envelope/of! tl'i,g,.,s&.itfi Pad shall be generally in the configuratiort. showri,,on . Exhibit "F" attached hereto and any signage·'··e,:-eq,t'er;:f 011 the South Pad shall not materially impair the·',,,.,,.. _:: f visibility of the HC Bui~ding from ground level a~ the 11 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ' ~··· •)\:,( .,/ -:., '• "'" ·"' ,.,·' / / intersection of southwest 41st Street and East Valley )R~ghway, If, as and when such exchange is consummated, • the land acquired by East.gate shall be subjected to the t<lrin~.of the Declarat:ion and the land acquired by fQwell;. shall be released from the terms of the /De<rla1:'"ati_9./:1 ·and the owner~ shall exeoute such documents / asi may .,l:le i'\'e,;,essary to evidence the foregoing. · N.6twi~hstandi!'g sqeh"'efchange, the lot designations u·sed .chere·in shall/ be j;:ransferred sucll that the South ,•Pa~ .ih~t'ea,~tet ,t.half''ile_,.re~.erred to as "Lot 6" for ·-pl,lrposes \'If tih{l,I Agi;.e,am'ent .,-'Ind tile land formerly ci<i.s:lignlited ,s ,Sot ,.,¥',,eh'al:j..,}\E//'rj>fei:red 'co as part: of Lot '3. ) ,. .r .,~. i :~ l i '"···;:,,,,., ............ ,.,· ., ./'· .. )~' ... -.. .. 15.15 util~,ty £as~ent.,//Pciye11, as owner of Lot 7, hereby gran;s jlnd .¢onvey_f;l' tp the other ~ners, for the benefit o:I' t~ Sh¢pptng·'Cep't~r;"'"ll··,,perpetua,;i., non- exclusive easemept q.ve¥ .. ap"d/across\-the .,i)r:j;veway Easement Property .. _ f;cr ,.,th~ purp<1'S<i! o':f i,.lstalling, operating, maintairiil)tJ <1,0d'' r~plab~I'!', ,/ t~ time to till!!• storm sewer, san.i,.:ta:ty 1/i';'w':'r ,··> e,.~ec;tr~s.ij_~, gas, te.Iephone, cable and other utll.;ty .hnll!s ,.to Si!ol:;Ve ,•,,,,. i..,roit~ments to be constrli9ted iri _:t'.he./Sheigp_iqg ·~ent~i-.J ,A.'hy work. undertaken in the ··01;,,iyew.;y l;i:'as.~m~\:it J>rope:i;,ty / .,at 11,1\tl behest of an Owner to Insj;iiall/ qt' repl'lice/an~ .{ ·ut:iility lines shall be done in a·•·-go6d{and .. ·W9rlalian!Likia 111ahnet, at the sole expense of such''owi:ier.Jnd i;f1 .f.. ·' rui.nne'r t:h,at will not unreasonably inti!ir!ere w,itj{ the .use j:,f the; .. .o~iveway Easement Property 'fi)""'1;,ne./o.t'he:i ,;~·:~:: .. ~:~.,·R~sJa:ictions, No portion of the,,.if .. o£ping center ··.,.&ba-:fl :'be/us¢ for, .. ,'l,ny, of the following uses or purposes, . .r .. .. . ~-:.,, ... :fuiy/~~e _)'lll,ich. w9_uld constitute a public or private nuisan~ ... ,. ,,/· ... ·' -" .Y ,.· ... :, ,. ''":.··''' ,:,':!,· ,:· b. Any:: us¢ .which:''gelieral'e.s noise or sound that is objectionable\du.ii"to., ii:itepnittei:ibe,,. beat, frequency, shrillness or '19:udni!'as•' (other thaii noises ty];lically associated with. 'a··homia iillprPVE>:nie~t $toba or theatre/cinema). ,:, .... .,:. .-·:. C::, Any use Whi~.ll )',l<c>Uld <;Jia.n~ra~e e5tce,;sive quantity of dust, dirt or fly ash. · .. -/ .... ,,. d. Any use involving ,i heigl;iten'~d/r i,f\)!;,,·oi''N.re' explosion or other damaging oi:'°''d.a~e:i:'ou~· ha~ard_,., iri~luding the storage, dii;play or sale of exp:\,os,tvei;:· .,br t:J,:r,,ewll'r!ts,._ ... .. .. . ., ··· .. ·:-·' ... e. Any distillation, refining, :~n.iE!ltirfo, ag;ti.bui-fur~':;. or mining operations. ... "· ... ,,........... ., .. :· ......... ·.• 12 -FlRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT . ? / , .. ··\.,~ .. ,,,,.._,,.1•' .-:'' ·~· .. '"·~l; LL ..... -..-. '. •~········<-~-. ~.:... f. ~~i~er r .. aising For the purpose of operating a mobile court, labor camp, junkyard, stock yard business .. home or or animal ...... ·.9. Any drilling for and/or removal of subsurface substances. ' .,,.,-" ... i / ,ri'. ~~y dlll'!P'irig:, of garbage or refuse, other than in .:an,;:lpse¢1'; \,covei;.~ re<;teptacles intended for such purpose. / .' i:( ,/Ar& :'ort,~y,···~;")i,,ll!i.J.ar ser.v.ice astablie<hrnent. --: .. ,, ... / ,/· / ;' ... / ./ ·.,. .~-"·i/ .-/ ·1) " ' . " ' . . . . ·\ j. ,Any' co!ilJii~rciaL, la'!,qiiry or dry-cleaning plant; provldi;,J;i../ ho#ev,:!'r, _this ,proj1:ibition shall not be applicable to any premise,;' if/or\eii1i'ed/to pick up and delivery by the ultimate cQps~er _..:anq/ tl).'en!' ar!l,-Smly no111i.nal on-site supporting fa.bil.i,tie,s. _/ ,:-" .,./ ··,,, / ') ./ ' . .f .. •' .. ,. . .,, .. / k. Any aiit,>1rtobilrrrt bpdy.,·'arjd :!:;en.de);''· repair work. 1. Any fle~· m£:i,,~'~t.,' al~P :~{t_ .. ( tf~e=nd hand" store or "s.~plus" store. ... ··· / ···· ,,,,,,. /''\ Any adult book s£011e,•br/ an-i !ilO~:~:~ii.d )i 11 s,£~•:/uses (without limitation) n~de/d~ncin_g, porn1>gr,aphic displays of "X-:tated" roa'!fer;ial:s· qr fil11i's, .:"massage off-track betting facility.\ ·, .. ,-' / ,i _,- i~, :I,} Jiddit.i9nal North Lot 7 Uses, N~tw~~~t,ii~~,ing ,;i!.nythipg.-,·fo th'!_ contrary contained in Sectlrln.$ 2_,; 1 or 2. 3 of tlie ASJrl!ie:me,n,t, l{orth Lot 7 may be used for tb·e.,.purposes of .... op~,atfng.,,lil ~ow.ling alley, skating rink, health club or ·, ,-bingo .1>ai::lo1t m;" fpl'.'"'i:rtdustrial, warehouse or light manufa.cti.'1.r~;i'ig !i~es, if'·,permitted by applicable law. NO_;~~e_:l/knef/dm·~~:' of.'ll!.odification is made or intended to be J11ade tci""thie A'gr~ement"",uid the,.,,1,!,greement, as modified hereby, shall remain ln.,·:/:Ull:'fo:ifoe_;<ani;l effect as therein written. ·:._ ·:1, .. ,,_,:: ,. 12A-FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWlltxm51tllWlilMAW.i4cm.i\ \. ., .. _;)' '., ... .-~-· ~· .... ~-.:;:-::.;c.·-~.-·:.;-:,c?~.-.-.~·.-;,;;-_ Executed in multiple ~e J,th daY. of February, 1996. counterparts to be effective as of ·' -· ··,:. . ati;'e. Inc. , ···oration / n .. ,· ·"fi:,_:, }· -... J,. ,/'':- .. .:' ./"":>• /; HCWA Realty corp,, Aa W<11shiington_' corporation . ·· . · _.,' :· _., :iY .-/'' .. / By: NaJDe:~.--""',....-~~~-------'-,-- T_itle :,,_.,_. ---'-------------'-. •AH •Bu ... c .. 11011 IIEQ IIFII ,, , .... ---,·., ,· --· -HC E~e~~t // ,...-·- Eastg~te Easement Powell 0Eati'.'em1fotf Lot 2 'Easemeii_t Ate~ -Lot 3 Easement;: Are~/ south Pad Envelq;e_f?-··· STATE OF OREGON ) County of ~~~e~ ss. This instrument was POWELL: Powell-Orillia Associates, a Washington Glimeral Partnership . . By: ·:,; Lloyd w. Pow~ll, General Partner ... By..J ;;i,. . '\. PetEl>t' j. ·-:._Partner Powell, General .,., .. ~··'"'":,,,. .{ ·~''1·,,.,;·'"'-1,, ·,",--Pet,er _,W ·,/PO'W'el.-f L. i;POW~L ::·~:::)· Lloyd W. Powe'.11( .,,,· ·., .. , 1996, by -::,.n''iii~~r:--~~:';:;.;;;. Theatre, Inc., an ion • r-,...U,.,::::=~+i-fi'.!:JJ. Ofl'ICW. Soll JACKIE WILKES NOiAA" •l,'11JC CR8~ COMl.\kl,~:o,. NO <X:-f.€~ MYCOMliA:SSION EXPIR~;?,\UG. 00. 1Gi;7 13 -PiRST AMENDMENT TO RECIPROC EASEMENT AGREEMENT .i" /~•:/· ,, _,c·-r--;--,- ·'' ./'~:,/ ./.Jj.J_,,, . E>1eout.,.d in 111ultiple counterp11.rts to be. effective as of t¥ ~<l:~Y c,f tiikrv4K1 , 1996 • . Jia.iroz1Tg: ·... POWELL~ ," . ~-~•tJ 'r.h~tre'; . Inc. , an ..' of99<in ¢'<>tporati<?n .,.... ····.,. ~···':; ...... ··· .•. ,.,/ / ,'. ,,, .. =:.~f" Powell-orillia Aesooiates, 11. washin9ton Gianeral Partnership Lloyd W. Powell, Ganaral P21rtner .w:: HCWA R1111lty Corp{, ~-' was~in,:ri / ,:.,~ ..... ----· c--------- ~~n~,' ' ~-J;~-~•H, ~:•> EXKfBITS: /l /. "A" ·~~--~a~emint:./ ·.· .. "B" -Eastg~:te "E1u1eiliie'nt ... , .... •ca -Pove11·••,JQse111,nt / "l)" -Lot 2 k!Jement Ate.a "E" -Lot 3 Ease-nt A\::.ea "F" -South Pa.S Snviitop'i,· \ .. ,, . . ,,,,,,.,, .. , l STA'l'E OF OREGON county or ) ss. _____ ) This instrwuent was of , 1996, by of Ea~tgate Tneatre, Inc., an the corporation. •,., ..... r.•t~f'w/ ~1:1~~:'(;0 } / L. ~~El'.~· / ·,· :: Lloyd w. a~ih,of ~,ag~;<i f ;:~e ... ,j9'·'thli.,.-dlly Oregon coi;pora.t,ion,, /on ~al:f .01! NOTARY PUBLIC My comrniseion .(_,,. 1J -!'IllST 11MENDMENT TO RECIPROCAL EASEMENT AGRBEMENT , .. /' ·----... :,..-.,--···::,t=·. . . Executed in multiple counterparts to be effective as of ,i thii-~.t;h day o! February, l\196. t .,,. ~~:··· . POWELL:. ::. \< ,,.,./ J!:~~~;-t:e the~'.!;,(~, Inc., an .Poweu-orillia "51sociater., a · .. ~ ,.,· . o,teglin . .eo_;rporiltJon Wa11hin9ton General ·: .... , .. ··~· .-:' ;: / ./ ". .../"// _,...,,? l'a=z:tM l-1\t,J\ :·) '\ . \/ OJ' • .. ,· :: •·'"''"·· V ~!:f!,·_f.....;;,_.,.;'';~;? )---/:c'"/-;/-/ __ ;,B-Y' Llo W. l'oweM-;-~~·:,:-;;:;. \ · { P.sr er s ·' .,· HCWA Realty Corp\, .J corporation .. ·· .:J:. iXHIS1·'i'S: / HC ta-.eme;t ./>/ ./·' E1111tgiii.t, ~a,~ment "fl" ~s" "C" "D" "'E" "F" -Powell fllile111ent/ tot ~ Ea.!1111111etit Ju,~ Lot J Ea•ement. Are~:, se1utn Pad Enviii'lop.e/ SfATt of OREGON ) I SIL ·: .. , .. ,._,,t ..... ,, ,;·,,,· county o! _____ ) _,,,, ......... . This in11trument waa ackno~'ie~~e!l bito.i~{ mertl'ti-~j .,·-., day ot , 199G, by ---,--,..,.-,-------· .... ""-./ / as .i' -··· ·\.,.-. -.. -.. ~.E~:~::;!ti~~~tre, Irie., an Oregon corpcir~.~-fori, p~ b'~~yt of-' ::·'·'":;: .,,,,/ ~·· . ·' ./'··// ·----·---""-"'--'--"---,;_..;.-., NOTARY PUSt.lC FOR ORE~II ,,· : .,· My Co•mieeion E~pirea: 13 -FIRST AMENDMEN'I' TO RECIP~OCAL laASEM:EN'l' AGRE!!:MENT , .-.~-~'-·--· ... - ;.""'";:-.---~ , "' SOll,.l'Q3E-W ILL I Al'ISON .••. 11413 F13 Executed in multiple oounterparts to he efteotiva as of "the J)'°'h day of Fabruary, 111116. EaatJatf, ~tr•, In,;,._, ..... !n ; ~on; corparatio,~, ..-/ .$""'.<' ayi .... ; __ -"~.,...___,,.....~~~~~~~~- iitl•;--:-'----"-..,..._.....,....~~~~~ "A• "B" •c• •I)" "E" ., .. .. ----.,, -HC Biarie6t 1 •' . . -Elllitp~ Ea~en( · -PGWell •·Ell!lMIMnt /. -Lot 2 Easement in.a -Lot 3 Ea11K!1118nt Arai(., S<Nth Pad Enwl,ppe / ) ) 11$. POJIJLL: Powell-Orillia Associates, a ·Wa&h!n,ton CCaneral l'al.tner•h1p Lloyd 11', _ .. , ..... _ County Of ) . This ina~nt was •c:kn~l:~illf~ ~t~ ,-,, th.~a, _j d;ly of , 19911, by ··.· .. ; al!I ,.· / ,., .. ·\: ,, ., ot Ba1t't9ate 'l'haat:l'e, Inc., an oregi:m corpoi.'t.tion/ !>n )liifiilt/iif the oorpoJ"ation, ··· ·· . .f · ·•./ -" IWTMY PUBt.I C '.POR O~!GO!I'"" ' l(y COIIIJl\iaaio~ E:xpires, 13 -l"l:UT AMBMOMElll'l' 'l'O :RtclPROCAL EASEHEtl'l' AGRBEMml'l' :'f!REiir"i""~:a::l,::;_,~m.i,;.iiiiii&i:,JL .. ~.:..·--•.....a..,i' .••• ~.-:. .. ' / ./ (,'!ii,..oNW&AL~ OIi' MASSACHUSETTS ) '\,, ,/~blfri O;F M1DDt,!;~EX l 611 • '',,, .. ~··' ~:~~yi~ .. ~~1:·:.:: ~· -d ::!~;~ ::~ .. ~~fpp~~,tA• a -,,;: -" Edwaro· . ..."personally known to me (or pr_~•-,, . to ;,it,._~ ~•'' ¥1 .._. G( sa ; __ lictofy_ evidence) to be 1'.he perSOR,.~ Y .''•, ,,, wnosa ·rumi!, il!!.,,,sul:ljiicr,,ibedi¥!'"'th,<.1,,/•i}t~ .. 1n instrument and '<":.-----"··· .. v ·· acl<nowlecl@d to ).lie _1;haJ''i) . .A/11h•( e~ec1ted the same in his/h't3' / "-<:-:; ,_ author ize4·····c;;&,P1!1Ci ty, i,hd ···l,hat .~lC nJ;s/ner signature on the { , -t '-:;--~ iru11'rWll8nt, -the pers~. q:t tl),e· sBl'i'tity upon behalf of -whi<1~ :tn"a" ::, .:: person acted, e,c~i:iut_!lid. tlis i'ri•tru.iient. tt,. \ , . -_ .; ,: / ./ .,/ / ... ""'• ;::;, ?;.-.::,Cr·': ~ .. ~/ WI'l'NESS 'iily hand .and ot'fi.eial. ·•i --) · · .. ~~-·.: i· •· . ,• -., . • tJC .>· L' .:·· ·:· ·: •·: '·····~ ..... ,, ,,. 1~ • FIRST AMENDMENT TO RECIPJIOCAL :e:ASEM~ "-GREEMENT .i· ._., .. ,-... '" {. ·.,,,:,,/"'·'· ,,/. \:,,., state .,,--""<, ;/ ./ •.. ,,.,,.,,. ,, ,• ' :1 ~-. 7iif171~~; .. ~'.1::'.~t::"!S\!if !f.ili:·;,~Jt:r.~-,~ ~ .. . ' . ·,,,,.:a--"t 1 ' ,, .; ·, ·. 'STA!I'E 01' WASHING'l'ON ) ',' ,>.. ) 8$. Count:y g.f ) ,) .. ..· .. -····. -··-·--- / ,.:,· ,,·,,. On this d11y of , H96 1 before me, tha .,/uiid..taigned, !! ... Notary Pub1ic1n and for tti.e St(lte of Washington, .. J:iul/ c.~.~s.;,i-ion'ed .. and s.'.!9{1:'• personal!y appeared Peter W. Powell, ,,·!mown . .to.'¥ the pe,rson/who)e"ecuted tt,is inst;n1111ent in his, iJri<:Jividua;I' ca·Picity ,info 1>,s;/'General Partr.er of Poweu-orillia li:sisoo'ia.tes, Ji. lfi1a~iri9to1{ 9el}eral. partners11l.p, thl! partnership that·.fl::,:i,.;ut:~c! ,th11,:' f\,p:egc;,}!'-ii ins}"rJ~i;nent, 11,.,d acknowledged the instrilinel\t t,1;>·".beillis fr•·•f and,··\/oh1ntary a,~t and the free and vol\mtary\act a,id ~ee,f' ·;~-tha\ p~inership for the uses and purpo!ies th,ex&in ttient'lonefd, a,i,.,:}"•,on oath s•:ated that he was a\lthortz:ru1 to ex,cutii. t))e., Vi'!!t;rul!iint on b,~half of the partnereh ip. / ,,, .. -~"''-, _;1' Wl'l'NE:SS my l•i~n.;{ arid c\t:.f'ici.al ~al ·fu:.ieto a.ff i>ced the day and year firat ab6\IJ;( wi'itlien. ,,./ > ·:··:,,,_} _,,/ ....... ,, :/\"· ·:.,,., . .-:\, NOTMY' P\1BL)'.~ ,,il\",?l~~i· tq~ i;e ~t.ate of \lash1';JJgtb1)i; r~i,ding ;it. ;ci-' __ _ ,,' My commi!!is'iori ~!,res,' / · •' ·:., .. ,···· .. .. S',t'A'l'EiOf' .ARIZhNh'" ' ,, ) 6011nti"~i7h<;~.~,~l ss · 1' un~.·;~,i~,~~~f ~:~~?~~~~:.fr~,Yn~~.,~~ ~;!6st:~;0~~ :i2~~=. duly con,m.is11!oned ,:':).a s.wo:i;.n, ::pe;r.sonally ilf•peared Lloyd lo/. Powell, known to be ''tl;:u~ p,1fr·,j:on/who'"'!<!:i>:.acu£i:>d thb instrument in his individual cap'a't:ity,:: ari\i as Getie:q{l tfa,,;tnex of f'owell•Ol:illia Associates, a washlngt:'on'•·.generar part~'e:qihip, the partner:ship that e"aouted the fi:kegoi~ ,.in,;,tru.inent, /and acknowledged the inatr11111ent to be his ''.li·r..l!e··' a.!"id vohint~rY ac).··and the free and voluntary act and deed of t:hat"..pJ!l'rt,:ieJ:;'ship for. the uses and purposes thei:-ein mentloned/. <'tnd on Joa.th .:st·,te,f··that he ',/as authorized to execute the instti.umerit•'on,./beitait of 'the partnership. · ·'' · · · ·' · , ··" ,, WITNESS my hand and o{{i~f.111 a.ial, h,..fEit'o,' ·~ff ix~il .-_. .. r .,. . day and year first above written. lS -FlRST AMENDMENT TO RECIPROCAL EASEMENT AGREEM!N'I' the ·.··-:,.,, ~ '· . ,/'·:-./ j ,.;. ---------------· ]ITATE OF WASHDIGTON ) /,~:~f·o:f ~ ~ ••· ./ r. /'""\ ) on thia Z day of -r~ 1996, before -· th11 ~9teign'4;"'lt·,JIOtUY l'\lblio 11and r tll8 state of Wa8hingtari, d.ulf o•lsei~ aJ14··6\lorn, .peraon.-lly appeared Peter 11. Powell, ,'knlMI ,tp b, .. -~ ~n Wl)O exaeutl!d this instru111et1t in his . inlllV:icJial,i Cll,l)aC:iW llfl!S"•a• ,$len,ral Partner of PoWell-<>rillil!' ~soti1$.tes, ll W~sJi.ingt~ ,r.m•r,d.,_partnership, the partnership that e~~d ~· }f01::,1199iug }Wi'1I'~t, and acitflowllld<Jed the 1Nitrwilent· ti, . .lie ,hisif'i;ee a~ "91\littary aot and the fr1111 and · volunta~ act··· 1111d d,ed ''of th,ilt,.,.p'artnersh1 p for tha usea and purposes ·tticreip. -.ntiqned.~Jil;id;):>n oath •tated that he was a\rt:horir.ea to ~Q.Ute .the/ihl!i'tritment: on balullf ot. the partnership. •·. " ./ / · .,: .c•, ,. '\ Wl'mESS mi. b,~d ... in1l.'',9ffi9-1'11!1 i1ea1,Jiiefeto 11ffixeo. tb11 day llnd year first o11l»1fl'e :writt.en •. i .,:,. :; .i ·•,,. /: .... v'~~ :=. ··.,.,.,,.·· ;: ./ .:' /,TA~ ~./f~9NA,,, .. I as. . .. t ·\_courrt.f of/ .,, ·:, ) . ''\,...... . ..... ,/ :"k ;1;.h~ } day····Qf , 1!)96, before aie, the undmigm'd,,:' a .. N(lt;a:cy" PUblic: In and for t:he State of Ari:,:ona, duly cc~s11totied/~nd 'i-W\ln, i. J>!:ll'&onallf a1>pear11d Lloyd w. Pawell, known to bf tha P.(l!f•or· Wll,!J ~¢\lted tlu.s :tnatru111ent in hit. individual ~!K!ity and as• .. GeJ1era1 partne,: of Powe11--0rilli11 Aasociates, a Wa&tjingtqn genfff'al pa:i:tqarship, the partnerllhip that executed tbll •fori!lljbing_,'i~trl!iaent, A~lid acknowledged the · inst:rmaant t:o be · n11t fry'· '!'Id ,vol:c,intli1"y.' at~t and tbe free and YOluntary act and dae4-·6f that, ~,=.sh.i.i>' toi; tha. ui; .... 1111d pgrposes tb11r11in 11antiona4, 111\dA:m oatn s1;ated-. tll,at he wo11s autborize<J to exec11te the 4nat~t on/b<~lf'"of"'the partnership. ·. r ... ~. day and WJ:1'11ESS my band and ~tfiiia;{ ".,°'.>,1_._)1111:' __ /eto_ .. ,· "'.. affi;1id··· tile year first a:tn:iva written. · ... ,,,/ NOTARY PUBLlC in arid for the S"4t• of Arizon11, roidin!/t·-11.t ,,/' .-· · My Colnmissit•n Expire11; ... -·--''---;---......;.;..... 15 -FIRST JIMENDKBN'l' TO RICIPROCM. EASl!IIEN'l' ACRUIIIIIT /···:,,; r..a.,o;).,\ ... ~.:~:~=::::-~tl'.,tjj._~rn:a...,~~,,_.. ,.--... ~u..-:..•. ·~=,-c--;.:;-,,:c.~·.,.",,-.,..,.,,.:r,, --·,,.,--c:=::,-·-:- 1 .. ,,,,a2/~6/l 9% 16: 57 20682~0 ,SB . H D A PAGJ;: 02 1 .·.·. . . <1 . " I " i1 ,, _. ·~ '\ 'i '\ . ' I J Horton D1nnir & As,oei.at1s, Inc. HDA ,.,.. ·· Con,ultittg Engin11n, Pramun & SMrvt,an ,:· ··:. , •.. '"''"·<: .. ;. F~:{/ ,;r' ._/ ,;' _.:· :: .{ ... ,./' ': / / ,' / EX.iUlll:V· ·~A:"•,, BC EASEMENT . ii \_ ,/_. :./· ~? /jr-,)/ ,.,){ ~/''>,~ -' . -.-, . .. ' ' THAT POR'.J.lON' 01;/tqr 7 /B(JRLINC\Tbfll ~ORTHERN BINDING SITE PLAN (BSP-014-921;,,1;>:EJ·MA,I' RECORDED Jjq ,V<JIJ.JME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE:· UNDERi"RECDRJ;>IN(;i NlJMBER 9206302696, RECORDS OF KING COUNTY, WASHINGTON, sttlJNtE JN ~E~ 30, TOWN.SHIP 23 NORTH, RANGE 5 EAST, W.M .. BBINO•MO~ P1tiq1cut..A1U.Y ritl!CRJ~~/AS FOLLOWS: BEGINNING AT THE Noim~.cd'kN~R Of ,-S,\JD·;LOT 7; THENCE NORTH 87"S0'47" WEST ALONG THE N6RUI LINE THEREOJ' 70''.00.FEET; THENCE SOUTH 01•so·09~·'WEST PARALLEL WITH THE EASTI.INE·OF,SAJD LOT""/ A 01st-~_NCE OF 553.68 FEET;'•,,1HENCE SOUTH ss~09·sv EAS1'70.00ifEfil'·,TOJ'Jl~ EAST,tlNE OF SAID lOT 7; TI:IENCE NORTH 01 •so•09•'EASJ' ALONGSAfD .. iJNEi S5,3.30'FEET TO THE}'OJN:f,,op B,EQINNING. < .. , ,/·· ,./ r·--·'')' / / .-/ CqN'f AlNI~G 3~;744 SQ. Ff. MORE OR LESS. ,· ···=·.,'! 0 S-"4 ,4.,,.,,.. SoUIII, ~. Wulil11gton 980JJ, P/JfJ11t1 (Z06J W-2525, Faz (206) 821;871$ IUnlload • Wto ••u • .lwR,, ·. •: .. ,,j a 1 v=--r;-c,---~---........ ~-··-· .. ---·'"-"-·· ·---...... - 2l!l6B2~or08 HD A Harton lhJU'lis & Aaoci.ata, I,sc. HDA ,,·· "'"-Cp,m,ltinJ_f$1tflnurs, PlanMn & Surnyors ,.,..,-··: '; .,f'/' .... }·· / / EJBlll1; "Bt~-Ei\STGATE EASEMENT PAGE 03 . ::: \,.,,.,,,/ .J{ .?' •' .{'//~'":/ ~ ... ,)f .. /:: .. ;} . THAT POlt'flON 0I,fLC)t 7 ,.,•~INGJOI\! l)fORTHERN BINDING StTE PLAN (BSP-014-92}/~l.;ll·MAP Rl}CORbl:D ~,VQLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER/RECOR.DING NUMBER 9206302696, RECORDS OF KING COUNTY, WASHING~, SttUA:ifE,!N SECJJ~. 30, TO\YNSHrP 23 NORTH, RANGE S EAST, W.M., BEINCi''MO,F ~~JlCY~R~:-.~~CR~~~/AS FOLLOWS: COMMENC1NO AT THE NOllTH):!As,T CO~ER•,C,Jf ~AIJ? LOT 7; THENCE SOUTH Ol "S0'09"_Wf.ST ALONG THE EASl/UNE JHERE0F,5si30 ,,iEEl;: TO THE POINT Of BEGINN,NG;_ THENCE CONTINUING:J.LOl'(G S..V0 _EAS'f L_INl:\~OUTtf"tJ,1 "50'09" WEST l62.63''ey:ET; IBENCE CONT(N'l)JNG ,'t0NO SAJO,,Ll~E $OUT» c28"33'S1" WEST155.§4 FEET; TIIENCE NORTII 01 ·so·oo· )i:AST 3~L~"FEfil; /'rijEN¢e SOUTH 88°W'Sl' ,EAST 70.00 TO THE POINT OF BEGlNNING/ . . . c~J.J lJ.249 SQ. FT. MORE OR LESS. 'i " t / ··:, .. ,,.,;· ·'"' · .. ,.,, .. -_,;- ·~-/ •· .. 1~ • . :-··:- / ;.· .~:r,:,/ ·r ·~ I ........ ,-,11.,..,..;.;:w;----;---.,;;;.;.-.· -;--....,~,.,... ~ -,.----·-. -·--. 02/;1)6/l ~'36 1 £: 57 ·-··· 2066~~,58 HD A ! f I ' I (!I') ! a)1 M; "" Cll' Hotton D11tllis & Atsocilrus, Inc. HDA ,,,,··"' ,, ConsuUinJ1.B11ginurs, Planners & Sur,eyon ;:" .,/'-1:,( /''·'.;,i'' / QHIBl,';t "(;';". ::·POWELL EASEMENT ·, .. ( :_;, // };! -;,, ./:./;,~,( /"-'.,/' i/':, .. \, THAT PORJlON pl' .LO'I'/ 3/CITY,, <>Pt ~ENTON LOT LINE ADJUSTMENT AS RECOROgDJN,Y0LUME 1060:F'SUR~Y~/PAGE 180, UNDER :RECORDING NUMBER 9511299006, RECOROS of Kiij(l C(){jffi{WASHINOTON, SITUATE IN SECTION 30, TOWNSHIP 23 NOR~£ RANG1r 5 .. ,£~'r., .. w:.~:• BEl~~',,,MORE PARTICULARLY DESCRmED AS FOLLOWS:,.··· i i /: ./ \. {,. ,/ -,. . } .. ,. :i: ,J" ·,', .. S,·. ·,• BEGINNING AT THE NOR~T.,,OORJ'IER Of i'SA:iD\Lar 3; THENCE SOUTH gg•09•51 • EAST ALONG THE NdR1Ji LtNE/THEREbF' 113: JS . .FEE.T; THENCE SOUTii 01 ·so·oofwm 426.54 FEET: THENCENdll'I'H.89~os·2S-WEST itl.54 Fijin;,10 THE WEST UNE OF SAID LITT; THENCE AJ..ONG·'SAID ,WESt·tJNt: Jl!ORTH ()1°50'09' EAST !L99,FEEt; THENCE NORTH 2s •33•5r WT c6Ntiiiltt1NG ALOJ\io SAID LINE 218,10 F~Af;. n,IENCE NORTH 01•so·09• EAST, .• c;o~~UINO ~LONG.SAID LINE 162 .63 FeBT TO tHE PGINT OF BEOlNNING. ' \ \ ,/ / / / <;{)NTA1NU'io 6(9,76,SQ. FT. MORE OR LESS. ,,-•"'"''·'· -· .. __ .,,,,,· /\,/ .f . fi Sftco,uJ .4..,.,...~ South, JWliwl, w ....... ,..,,. 9B033, PltontJ (106) 821-2525, Far (1fi6J az};i,J» I KJrt1,.u • w ... llohH • a.,.,, ··<J ~~-~.·-:,-.-,,~.--,~~~ H D ~ PAGE ~5 Horu,n Dlhlna &: Assoriaks, I11c. HOA ,,,-""''· ·c-o,uulting.&,ginnrs, l'latuwrs &: Surveyors / '. ''' ,,..-·.,...... ~"<--/ ./ ,l ::· :: ,i ·>' .,, .. ,,_/ ..... . i / ntDBIT)'D",,~"tbT 2 EASEMENT AREA I \,, .... ,..t _t: )~ .. ..:l,:f':J ... ,,:Ji: ;it=·-=·i,,. THAT POiq'ION 9F JX)T/2;.(crrY\,oF:,~oN LOT LINE ADJUSTMENT AS RECORDED fN,Y.OLUME 1'16 Ol'!SUR~~. l>AGE 180, UNDER RECORDING NUMBER 9511299006, RECOROS Of'KI!l!:G COUl':,lTY/WASHJNGTON. SITUATE IN SECTION 30, TOWNSHIP 23 NORTH/ RANG!f S :,EAS1', . .W,1,f., BEJNO,,MORE PARTlCULARLY DESCRIBED AS FOi.LOWS: .,'· / i/ ./ ,./ .,\ .(.,.,/ BEGlNNlNG AT lHE NOR~T.,(:Q~?if~··bt,:;s"'{I>''}LOT 2; THENCE SOUTH 87'S0'47" ~AST ALONG THE NOR'l1J LINE p.JEREOF,.83,lS FJiETTO THE B);fGJNNTNO OF A CUit\'E, CONCAVE TO THE NORTHWEST, HAiVINO ,(RADIOS OF 6QS:S7 FEET: THENCE IN AN.pASTERLY DIRECT!ONAJ..ONG·ll!E ~R.C tif··SA'IP C,URYE,,PASSING THROUGB.,A CBNTIW.. ANGLE OF 02°48'5'S .. 'A. l)ISTA1'/CE"OP·2S>. 71F6ET/ THENCE soura ov•so·09,, WEST ss).40 FEET 10 THE sount u'NE.0PsA101.0r 2: THENCE NORTH ~·oii·s d WEST ALONO SAID SOUTH LINE 1 d.15.EEET TO rttE\VEST LINE OF./SAlP LOT: .l"HENCE NORTH 01°50'09• EAST ALONG SAJO'WEST LINE 553.30 FEET ... to 'I'E:IE POJNT .. OF BEGINNING. . .... :,;" / / .0 ·' ,• -· -· .. ... ·,:,. ,, .:' ., i,,,·····:.::., ,,,•.;· ·' .t···10i._ :1-·' ;l ,,., ........ . .., ... ~"',<, ,.,,,· ,.:· •,,.,,,"' ,,, .. -· s :: '10 &cm,,1 AWNH Sorull, Klrkland, Waslliitpm 98033, Plwme (206) 821•2525, Fa (2~) 82i.,1i8 I ~ • w.,,-... • llllrln ·,,, ... t •;.,;, H D ~ PAGE: 06 Horton D,nnu & Associottts, Inc. HDA ' /.-···c,onsulling Engineers, Plartnus & Sul"Vt!:,ori .•' ··.. ····'""•'., .,: .. . ,• .. !.: ft.,;' .... { / / E'.XJUBI.T;:·ri£~ • LOT. 3 EASEMENT Alll:A ····· ...... { :: f ,:/ ,./ :~} _/F r-../l ,/' )'::·.::.. . . . THAT POR,T[ON. o,· LOT iJ//CITY(b1t RtNTON LOT LINE ADJUSTMENT AS RECORDEDni VQLU~ 106 OP,SURVJiYS;1AGE 180, UNDER RECORDING NUMBER 9511299006, RECORDS' Ol';'KJNG COUNTY'.iWASHJNGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORnl /RANGE/5 EAST, W:.M., BEING MORE PARTICULARLY DESCRIBED AS FOi.iowS; / .. / ,i .,./ .,········ ·«· ..... , .. ,,. / ..• ) BEGINNING AT THE NOR'I'HWEST cokNe:i·of 1Aio·i:~ 3; THENCE souTH gg•09·s1" EAST Al.ONG THE NORTlfUNE TIIEREOfl 13,(IS f.~eT; THENCE SOUTH Ol "50'09".,~ 426.~ FEET; TIIBNCE':NORTH 89°Qs°'2$" 'o/E,ST 2'll.54 FEjrr,,JO THE WEST L.lNE Of SAID LOT; THENCE ALONG SAID WES't·•,UNI? NORTH Q-1 °50'09' EAST 7(99 FEET; TIIBNCE NORTH 28"33'sgJ!A~t CONJ'INUl:NG AUO~ ,$AID UNE 218.7Q·F~, THENCE NORTH 01•50•09• EASTC(lNJIN'.(.IlN9 A1"btm s·AJD LINE 162.~'3 F~ to '{HE POlNT OF BEGINNING. 'i " :< .. ) /' ./ ./ cofu.Ai,INt 64(976 SQ. FT. MORE OR LESS. ,,.:: ./ ./· ./" .,.,······--···•·., •. :. ,;· Sn:Drttl Avmw Soutla, KlrirlllNl, Walllirgtort 98033, Phr,ntt (206) 8:ZZ-1525, Faz (UHS) u2!1sJ? ~~ • w ...........• Bll1WI ·\. i ··, .. ii ~: l :111111 II l Ill 11111111111 I I I U - n1111,111111r,111111111111••••···· - .... \. / .. .: .:: ,/ ./:;.:: •. /. ..:-'' f :, ;t )\· WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton, Washington 960SS • (Space Above This Linc For Recorders Use) GRANT OF EASEMENTS ......, .. -;~~·- THIS INSTRUMENT, made this ~t.y o/.::$1/i~n~i' and between HCWA REAL TY CORP., a Washington corporation, hereinaf\er called "Grantor," and the CITY OF RENTON, a municipal corporation of King County, Washington, hereinafter called "Grantee.' That said Graotor, for good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, gran~ bargain, sol~ convey and warrant unto the said Granu:e, its successors and assigns the following easements over certain portions of that certain real property located in King County, Washington and described in Exlu'bjl "A' attached hereto (the"~'): 1. An easement for public utilities (including water, wastewater and surface water) with necessary appunCDJ1Dces over, under, through. across and upon that certain portion of the Property descn'bed in Exht'bit "B" attached hereto, for the purpose of constructing w:onstructing, installing repairing, replacing, eniarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and S?orm drainage lines, together with the right of ingress and egress thereto. FoUowing the initial construction of its facilities, Grantee ma.y from time to time construct such addition.al facilities as it may require. This casement is granted subject to the following terms and conditions: (a) The Grantee shall, upon completion of any work within the property covered by the easem~ restore the surface of the ..semen~ and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. (b) Graotor shall retain the right to use the surface of the easement as long as such use does not interlere with the easement rights granted to the Grantee. Grantor shall no, however, have the right to: (i) Erect or maintain any buildings or structures within the easement; 9S012D2D. OC I /MLM/W8870.0SJ/I0.2J.95/meg 1~~ ·:~.----. \ -, -· .... '_· )!, ~. ·.' ' . . . . ~ ' ··.' ........ ..-.··. .. '" l • , · i i. l,~ ' ·I l ·, i • • • • Qi) Plant trees, shrubs or vcgotalion having deep root patterns which may cause damage to or interi'ero with the utilities to be placed within tho easement by tho Grantee; (iii) Develop, lancbcape or beautify the casement area ill any way which would unreasonably inmase the coats to the Grantee of restoring the easement area and uy ptiVl!e improvements therein; Qv) Dig, tunnel or perform other forms of coDSIIUction activities on tho property which would disturb tho compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities; or (v) Blast within fifteen ( 1 SJ feel of the right-of-way. 2. Ari casement lbr pedeotrian access, ingress and egress over and across the driveways and roadways over the Property as the same may exist and be revised and relocated by Grantor from time to time to inspect the wetlands...., located in the northwesterly portion of the Property described in Exlulllt •c• attached hereto. Grantee shall rcstoro any improvements which are disturted or destroyed as a result of or in connection with Grantee entering upon tho Property to monitor the above-described wetlands area. These easements shall run with the land described herein, and shall be binding upon the parties hereto, their heirs, successors-in-interest and assigns. Grantor covenants that it is the lawful owner of the above property and thnt it bas good and lawful right to execute this agreement HCWAREALTYCORP., a Washin . on corporation By: N By:,-::----,J-E,,ir. NIUIU!ll1 / er Title; •l• 9S07lOlD.OC IIMLM/WBB70.0&l/J0.2J.9S/mq; .. I ' '• .. .. • • ) commonwealth of MaasachuBBtts ) s.s: COUNTY OF Middlesex ) Herbert J Zarldn ...J. I certify that I know or have satisfactory evidence that Edward J. Weisberger signed this instrument, on osth ~ that he wasM!lb.~rizcd to execute the instrument and acknowledged it as thcf'r&sldt19r \/)CQ ~'of HCW A Realty Corp, to be the free and voluntary act of such party li>r , ilses and purposes mentioned in the instrument --: .-•; - Dated: 11/i/qS " i Lao,:g £. R:1,,1 . ":. ·. · . ' . : Notary Public in for the Commonweal.th-: of . "'1,H. reaidin9 at No,.t~;;?s::P,.C~ · ,. ' ;. ~~! ~=oinun!.Ycxpires~£~-~;~to:;~:.'..-·~·· _., ............ . ·l· !U072020.0CI/Ml..MIWBB70-08JIIQ.23.95/me; ,,, - ~: ·.' . , . :· ·_, \ > •• • ~ ' • i, , . . . • ' • .,.,· e:i • " ' . ' _; • • LEGAL DESCRIPTION OF PROPERTY LOTS 2 AND 3 OF BURLINGTON NORTIIEIIN, A BINDING SITE PLAN, ACCORDING TO TIIE CITY OF RENTON BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO. 9206302696, INVOLUME 161 OF PLATS, PAGES B TIIROUGH 11, RECORDS OF KING COUNTY; SITUATE IN TilE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EXHmrr·A• 9S07.Z0lD.OC1/MLMIW8870--08.l/lD-l4--951mq: ~ \ ...... _ -;: '. ' ' . ' . . --, --,. ~ . ,, . -·-';,; :. ' -. ' . . ' -,' -' . . -• • • LEGAL DESCRIPTION OF UTILITIES EASEMENT THAT PORTION OF SBCTION 30, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., BEING ALSO A PORTION OF LO'I'S 2 AND 3, "BURLINGTON NOltl'HERN BINDING SITE PLAN" PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGl!S 8 THROUGH I I INCLUSIVE, UNDER RECORDING NO. 9206302696, RECORDS OP KING COUNTY, WASHINGTON. BEING A STRlP OP LAND IS.OD Fl!lIT IN WIDTII, HA VINO 7.SO PEET OF SAID WIDTH ON BACH SIDE OF M FOLLOWING DESCRIBJ;D CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OP SAID LOT 2; THENCE SOUTH 01 ·so·09· WEST ALONG TIIE EAST LINE TIIEREOF (WEST MARGIN OF EAST VALLSY HIGHWAY), 27.50 FEET TO THE POINT OF BEGINNING: MNCE NORTii 87°S0'47" WES!' 371.62 FEET TO POINT "A"; THENCE CONTINUING NORTH 87"50'47" WI!ST 376.19 PEET TO POINT "B"; THENCE SOUTH 01 ·so·09• WEST 266.00 FEET TO POINT •c•; TIIENCE CONTINUING SOUTH0l 0S0'09" WEST 261.S9 FEIITTO POINT ·o·; THENCE SOUTH 88"09'S1' EAST 398.94 FEET TO POINT 'E'; THENCE CONTINUING SOUTH 88'09'S1' EASI' 348.85 FEET TO A POINT ON THE EAST I.INE OF SAID LOT 3 (WEST MARGIN OF EAST VALLBY H!GHWA Y), AND THE TERMINUS OP THIS LINE DESCRll'nON. SAID POINT OF TERMINUS BEING SOUTH 01 '50'09" WEST 36.30 FEET FROM THE SOUTHEAST CORNER OP SAID LOT 2. ALSO BEGINNING AT SAID POINT 'A'; THENCE SOUTH 02'09'13" WEST 50.00 FEET TO THE TERMINUS OFTIIIS LINE DESCRll'nON. ALSO BEGINNING AT SAID POINTB"; TifENCE NORTH 87'50'47' WEST ALONG THE CENTERLINE OF AN EASEMENT STRIP, HAVING7.50,FEET IN WIDTH TO THE NORTH ANO 20.50 FEET IN WIDTI{ TO THE SOUTH FOR A DISTANCE OF ZS.00 FEET TO THE TERMINUS OF nus IJNE DESCRIPTION. ALSO BEGINNJNG AT SAID POINT 'C'; THENCE NORTif 88"09'Sl • WEST 25.SO PEET TO THE TERMINUS OP THIS LINE DESCRIP'llON. ALSO BEGINNING AT SAID POINT 'D'; THENCE NORTII 88'09'51' WEST 25.50 PEET TO THE TERMINUS OF THIS LINE DESCRll'nON. ALSO BEGINNING AT SAID POINT 'E'; THENCE NORTII 01 '50'09" EAST 39.SO PEET TO THE TERMINUS OF THIS LINE DESCRIPTION. THE SIDELINES OF SAID 15.00 Foor WIDE STRIP TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE AT RIGHT ANGLES FROM SAID POINTS OP TERMINUS OR ON STATED ADJOINING CALLS N; APPROPRIATE. EXHIBIT ·a~ 9501202 D.OCl /MLM/W8870.08J/I 0-23-95/mcg . . -. . . . ~;.,-) ,:7·· ' . ~. . .· .. ;· ' _· ' ' •' ; \ \ I l I ! ., "i I ., i i WHEN RECORDED RITT'URN' TO: office aftbe City Ciak R<mon Mumcip<! Building 200 Mill Ave:oue So1nb Rcmon,, WA9R0S'.5 EASEMENT [Sidewalk] - Prcj«:t. -'-'--:..:..._.c..:__;_ __ ___; P,r,zl'J # ] 2536 Q-QQ3Q G=lm(,JName TilPOtlly Reed, VP STR: SEC 3D & 3] -23-5 s--rntersection EAst 1 •.•;;· Grantor, EASTGATE THEATRE, INC. for and in consideration of Ten Dollar.s ($10 001 illld other valuable consideration the receipt of which is hereby acknowledged, does by these presents, grant, unto the City of Renton, a Municipal Corporation, Grantee herein, its successors and assigns, an easement fur puolic purposes with necessary appurtemmces over, under, rhrough, across and upon tlie following described real esttte, for Right-of-Way purposes, situated in the County of King, State ofWaslrington; As Shown On Attached Exhibit A For the purpose of ccnstructing, reconstructing, mstallingf'1'lpairing, replacing, and maintaining a public Right-of Way. This easement shall run wilh the land described herein,'and shall be binding upon the parties, their heirs, successors in interest and assigns from date h.ereof. This ...asement shall run with the land del;cribed herein, mi shall be bindin!! upon the parties, their heirs, successors in interest and assigns. Grant.ors covenant thit toey are the lawful owners of the above properties and that they have a good.and lawful right to execute this ~t. IN WITNESS WHEREOF, of ,,5?ot ... -6..,... edand~Bv: Cityof ton / 0 STATE OF I said Grantor has caused tliis instrwnent to be executed this .:::::ztwi.y , 19 5" ~. INDryn)UAL FORM OJ;' A,CKNOWJ JIDOMENT ) ) ss A-14) I know or have satismcto 'dcru:e tbaI ")tn,\ ~ is the peTSOn who appeared before me, and ~:nmriedged that (he/sill,) si this .iDstrnmem an<i acknowlec!ged it to be (his/bcr) free and voluntaiy act oses mentioned in the u· !sblnru, - STATE OF W ASHINGT _.. ) )-,SS COUNTY OF KING ) I certify th.at I know or hare satisfactory evi<ie= that ---------signed this instrument. on oath stated that he/she/they wa.s/w,,,:e authorized to cxe<:Utc the instrument and acknowledged it as the ----------af to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated ______ _ Notary Public in and for the State ofWashington residing at _________ _ Notary (print): ___________ _ My appointmem expire.!: • f· I !. ,. ' ' M rli { , . .. .. f ' ' I ' •• ,· ----------·----· Horton Dennis & Associates, Inc. HDA Consulting Engineers, Planners & Surveyors EXHIBIT A SIDEWALK EASEMENT LEGAL DESCRIPTION THE SOUTH AND EAST 15.00 FEET, AS MEASURED PERPENDICULAR TO THE SOUTH AND-EAST LINES OF LOT 3, CITY OF)IBNTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180, UNDER RECORDING NO. 95ll299006, RECORDS OF KING COUNTY, WASHINGTON. SAID LOT 3 BEING A PORTION OF SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, W!LLAMETTE MERIDIAN. f, 1· 320 Second Avenue South, Kirklond, Woshington 98033, Phone (206} 822-2525, Fax (206) 822-8758 Kirldo.nd • Wenatchee • Burien t· I ! I ·n-sf· ,z-._..,..~. ----==----------~------ ·' . WHEN RllCORDED R.lmJRN TO: Office of the City Clerk Renton Mul'UdpaI Buildi.rig 200 Mill Avenue South llcn100. WA "9005S Utilities EASEMENf Project file• A.er JI I /tJ?;:"./7l'?- Pa,ccCTu:Acco~n, •·• 12536-0030 Gr.onto!(,) N,mc Timothy Reed, V. P. R:rs<;! Sec. 30 · & 31-23-5 G". ~/k, JI,..,, . .B Sw <f/sr Sired THIS INSTRUMENT, made this~y of by and between EASTGATE THEATRE, INC. [pk:u,: prtnl«SJ'P'C~~)I and and and and ("·. hereinafter called "Grantor(s)," and the CITY OF RENFON, a Municipal Corporation of King Coun~, Washington, hereinafter called "Grantee.' $'' lrutt said Grantor(s), for and in consideration of the sum of$ L ,:::? 0 paid by Grantee, and other valuable consideration, ~ipt of which is hereby acknowledged, do by these presents, grant, .l;,argain, sdl, convey, and warr-atts unto the said Grantee, its successors and assigns, an easement for public utilities (including wad:r, wastewater, and swface water) with necessary appurtenances over, under, tlttough, across and upon the following described property (the oght-of- way) in King County, W:ISbington, more particubrly described as follows: See Attached Exhibit "A" Utilitia; EH<=:mc:nt Shccl I Of 2 ;=.: ~: :-,i.' :.·:., ::··, ::.· ~' r··_ ...• :: ' .: ... ' . 9~~ aO z"T1 "' ,.... ::x:r rn m ... 0 = ITI < m 0 ... -I ... :::c ~ (IJ -0 • > -< 175i P'RQPEJlTY MGMT - ------····=···-=o---------- 1 'A J • -. . . ., . . ( 1 .. ; ~ .. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging. operating and maintaining utilities and utility pipelines, including, but not limited to, Wlltcr, sewer and storm drainagc lines, together wich the right of ingress and egress chereto without prior inStitution of any suit or proceedings of law and without incqtring any legal obligation or li2bility therefore. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This casement ls granted subject to che following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the: c:asement, and any private Improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the sutfacc: of the easement as long as such use does not interfere with the casement rights gr-anted to the Grantee. Grantor shall not, however, have the right to: ,:.::..~. a. &ect or maintain any buildings or structures-with.in the c:asement; or b. Plant trees, shrubs or vegetation having deep root pattems which may ause damage to or interfere wich the utilities to be pl.aced within the casement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or, perform other forms of constqiction activities on the property whlch would disturb the compadion or unearth Grantee's faciliti,li on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15) feet of the right-of-way; 1his easement shall ron with the I.and described hen::in, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenm,t that they are the lawful owners of the above properties and that they have a good and lawful rigltt to execute this agreement. Signatures of Grantor,s: t-~~7z;; and and and and REl'llSENTA1JVE f011M OF ACKNQU'JfPf,MEN[ STATE OF w.™~i ) ) ss COUNIY OF Kffltr m~ I certify that I know or have satisfaetory evidence tha;=\ \~?,s\ signed this instnllllent, on oatp st<Jcd~~sh~\ltcy_JY2S/were auchodzod t_?,~ ~c~trument and acknowledged it as the l/,c-6 ~~L... of i£~.ffi)f~ I• t<lbe the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrwpent. Dated O.\<,,\g1£ ~~ Nowy ~µ> and foe the State ofWa,~~idlng atSWS se I..Q<:'(;KS c_r.f- Notary (print): SAl,;,b£A--I')) 1:\£-\.Q\+-t ,-.\!. My appointment expires: ~ 8,U I+ 2boo I Utilith:s Easement Sh<cl2oD Cotpon.tc :Fon:n ~--"""""~----~------..... --- • ' t-. ' ~- -· ' . ' # Horton Dennis & Associates, Inc. HDA Consulting Engilleers, Planners & Surveyors EXHIBIT A WA 'IER LINE EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180 UNDER RECORDING NO. 9511299006 RECORDS OF KING COUNTY, Wf,.~INGTON, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH 88°09'51" WEST ALONG THE NORTH LINE THEREOF 748.05 FEET; THENCE SOUTH 01 °50'09" WEsr 20.00 FEET TO A POINT 00 THE SOUTH LINE OF THAT CERTAIN 15.00 FOOT WIDE WATER LINE EASE~NT AS SHOWN ON SAID LOT LINE ADJUSTMENT MAP AND THE POINT OF BEGI!)JN[NG; THENCE CONTINUING SOUTH 01 °50'09" WEST 10.56 FEET; THENCE SOUTH 43°09'51" EAST 36.30 FEET; THENCE SOUTH 01 °50'09" WEST 305.92 FEET TO POINT "A"; THENCE CONTINUING SOUTH 01 °50'09" WEST 78.86 FEET; THENCE SOUTH43°09'51" EAST 19.21 FEET; THENCE SOUTH 88°09'51" EAST 172.06 FEET TO POJNT "B"; THENCE CONTINUING SOUTH 88°09'51" EAST 70.59 FEET TO POINT "C"; THENCE CONTINUING SOUTH 88°09'51" EAST 140.53 FEET; THENCE SOUTH 43°09'51" EAST 23.28 FEET; THENCE SOUTH 01°50'12" WEST334.43 FEET TO THE NORTH MARGIN OF SW 41st STREET AND THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT 'A"; THENCE NORTH 88°09'51" WEST ALONG THE CENTERLINE OF A 15.00 FOOT WIDE STRIP 29.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "B"; THENCE NORTH 01 °50'09" EAST ALONG THE CENTERLINE OF A 25.00 FOOT WIDE STRIP 35.83 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "C"; THENCE SOUTH 01 °50'09" WEST ALONG THE CENTERUNE OF A 15.00 FOOT WIDE STRIP 32.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. THE SIDE LINES OF SAID 15.00 AND 25.00 FOOT WIDE STRIPS TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE ON SAID EASEMENT, ROAD OR AT RIGHT ANGLES FROM SAID POINT OF TERMINUS AS APPROPRIATE. ALL THE ABOVE LOCATED IN SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAME1TE MERIDIAN, KING COUNTY, WASHINGTON. 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland • Wenatche, • Bu~~ i t ' > m ~ ~ : ~ = I .,, m ~--IO~ • % "' 1· m UJ > :,i; _, m a m -, o_ :cl c, 0 % • s1 : i Hi I ! I •• is 1 ,i: It 'I I !, ' 11 ' e-11 !· I • ,,, • ~i ,r I ~:··---~--. _J ! --r ---- i l1 1~, r1 i~i!. I •If.I \ ~ 1·::i I 96091S1461 ----.____ L _____ ~ ' 1 .1 -------------~~-- EAST VALLEY HIGHWAY ,· Ii! --- .. ··----------···--- WREN RECORDED RETURN TO; Office ofthe City Clerk &emon Muoicipa:1 Buildic.g 200 Mill Avo:tmec Sc;iu(h Renton, WA 98.0~S WETLANDS PRESERVATION AND MONITORING EASEMENT Grantor, EASTGATE THEATRE, INC. and 1.-.prim <:r l)'P"'Ul'IIMC(I) N'&aa,a(aJI and. ______________ _ for and in consideration of mutual benefits hereby grants and conveys to the City of Renton, a Municipal Corporation, Grantee herein, an easement for the purpose of monitoring wetland areas, including the right of ingre5s and egress, over, across, and through the following described real estate situated in the County of King, State ofWashingwn: See Artaclted Exhibit "A~ for Legal Description :x, IE' ::0 "'"" "' ""-< c:"> 0 ~r~ co "' < "' m ~'A'"": c:;, < ...... --· ~-... ::c :i'":.:-r,.-· & --::~o "' -<-t:t'.' 5: -o -Q g.,, a > "' -< ,£0"" IN WITNESS WHEREOF, this instrument is executed ~is~ day ot_,.,,J";.J,~· ,._,"-L,l..,.,,.,.,..,cc:12-6 • 19 'l" C::. By: City r.o ,,., 0 tD ... (l'J "" ~ ,,., c;., I ! i ~ ! I I I • l ' I l I l ~ ' • ' l I INDIVIDUALFOl!MDFACKNOWLEDGMENT cre"Jo~ OF WhSllllfG'FSN ) STA } ss ·~'"-1.!_,...d-i ~) I that I know or 1,ave.;'1:lti,,faQl!EY evidence that JT"n:.,~J, is the penon who app,ared before me, and · person acknowledged that (he/ this instnmwnt and acknowledged it to be (his/her) free and voluntary act for uses and purpo.ses montiimed in the in Ofl'!C:>L $11. RA MAR WHITE NO, iff>l.iSl.iC ·OREGON CO!,IM,. rnO.G.:;3100 Yl'COWSslON SAP~ll17,200) RIIIPREIIENTATIVE FORM g;M:KNOWLEDGMENT ' STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have sati.t'actory evidence that _ _,________ signed this :inslrumiml, on oath stated that he/she/they was/were authorized to ex~te the inatrun,ent and acknowledged it as the -------~· _. __ of f to oo the free and voluntary act of such. party/parties for the uses and JIUIPO""" mentioned in the instnlment. l)ated ______ _ Notary Pubuc in and for the Stare oi Wash~n residing at _________ _ Notary ff)rint): ----------- My appointment expires: CORPORATE FQllM OF ACKNOWLEDGMENT; STATE OF,.W,lrllfftHS'feN ~) ss COUNTYOFliJl<e ~,di~ On this U1 day of ~~te""'k , 19~, befon: me pc,sonally ~ -r-trca,::±<eeJ.. to me blt>wn to be \ r,n=-::::s::P;$>-:t:3l "*" of lhe corporation that executed. the withininsirument, and acknowledge the said imrlrumon1 to be lhe free and voluntary act and d,,ed of said corporation, for the uses and purpooe,i therein l!l1'lllioned, and each on oalh stated that he/she was mthorized to exe,:ute said instrumenl and 1hat the seal affixed is the corpomle ooal.of.-idco~rati:~Wl ~~.,\ SAMORA fAAA WHITE Notary Public in and for the State of W!l8h•11 6M:J;,£1~ ,\'01,;;v FUol!C. Cll,£00// Notary (Print) SAt,:.l'()~A m M \,OH-I l"E I MY~ro:::::~~~~17 My appointment expires Q pw i] 7JXJo ~-_::;;c=:==~~~·~· 200'.)~ . ,.=..: ~~•-11':<r. ~--~~-----------~--=--------- I '; • Horu,n Dennis & Assodates, Inc. HDA Consulling Engineers, Planners & Surveyors EXIIlBIT A WETLAND AREAS LEGAL DESCRIYI'ION THOSE PORTIONS OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS A"l' PAGE 180 UNDER RECORDING NO. 95 ll299006 RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A": COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 01 °50'09" WES:r 30.00 FEET ALONG THE WEST LINE OF SAID LOT 3 TO THE POINT OF BEGINNING; THENCE SOUTH 88°09•5t• EAST 90.15 FEET; THENCE SOUTH 01°50'09" WEST 155.00 FEET; THENCE NORTH 88°09'51" WEST 101.41 FEET TO A POINT ON SAID WEST LINE AND POINT~~·; THENCE ALONG SAID WEST LINE NORTH 28°33'51" EAST 25.04 FEET; THENCE'CONTINUING ALONG SAID WEST LINE NORTH 01 °50'09" EAST 132.63 FEET TO THE POINT OF BEGINNING. PARCEL "B": ALSO COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE ALONG SAID WEST LlNE OF LOT 3, SOUTH 28°33'51" WEST 56.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°09'51" EAST 54.20 FEET TO POINT "B'; THENCE SOUTH 01 °50'09" WEST 104.55 FEET; THENCE SOUTH 43'09'51" EAST 38.68 FEET; THENCE NORTH 88°09'51" WEST 118.04 FEET; THENCE NORTH 01 °50'09" EAST 3.85 FEET; THENCE NORTH 28°33'51' EAST 51.95 FEET; THENCE NORTH 01°50'09" EAST 55.59 FEET TO A POINT ON SAID WEST LINE; THENCE ALONG SAJD WEST LINE NORTH 28°33'5 l" EAST 29.19 FEET TO THE POINT OF BEGINNING. PARCEL "C': ALSO COMMENCING AT THE ABOVE DESCRIBED POINT "B": THENCE SOUTH 88°09'51" EAST 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 °50'09" EAST 6.00 FEET; THENCE SOUTH 88°09'51" EAST 32.82 FEET; THENCE SOUTH Ot 0 50'09" WEST 97.90 FEET; THENCE NORTH 88°09'51 'WEST 32.82 FEET; THENCE NORTH 01 °50'09" EAST 91.90 FEET TO THE POINT OF BEGINNING. ALL THE ABOVE LOCATED IN SECTIONS 30 AND 31, TOWNSHIP 23 NORTH. RANGE 5 EAST. WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. 320 Second Avenue South, Kirkland, Washington 98033, Phone (2()(j) 822-2525, Fax (206) 822-8758 lurldand • Wenatchee • Burien •· i;· ', r---..-. l f i f E;Xi:STING 8E I , i : Ii I ' ' ' I <;ii' ' . ' . ' . ' I I iJ ! I'. D BUFFER ' 25' 'tlE.lLAN ------; S28_3 s 5 , ·w-z,a. 10' -f-~T I · ' 11' 30, ACCESS E,•,SEMDH EX. ,. ' ., ... W(TLA'-'D ARE.A EX1Sl 1'V1,., -·5.00· . :::·!1.~ .. ' ' \ --\i> ·--- , IT~ !=~)~JC NC. ' '~ATE~ ;)J°'A~ ..... _. --.:.:..:...__. · · :0. 1\vi.r ;J.00 15-.QO. --~r~.c. K µ . c,-.L,,-s1D::c.:flrL =:,,i,. v~ -<../ :~ __ , ~ . . : .. . . ·-' --1 ' ~ ' 7-F=-~ ~n=;-.,J-_394 rr '---.: --~-=:+_~....L r --, ' "\ '· I 6 "' I / ! / \ '· \ i6HHl7 <, ,) ,,,j T"' -:1, i, •I . '; ., f{ •-f. :], \. { '\ ,+ ''...,,,.,..., i ,, ' l ' .. l ' ' 1 . ·-~ ' J ; l I l ' ·• ·, .,· / // ,, .. ,,.,/ _/ . ,,:,,.._,./" .{ -/: ,' ..... , .. ~ DECLARATIOiir OF COVEMN1'S, fONDITIONS AND RESTRICTION'S AND ~I Of EASWJUS NW 001:i:'c;µIM Of CERJ,wi PAlOONJ,.;·AA~If.l'S .,,,. .. .: .:· ( '\ ·.' ~ ·-: .. .:,,/ •:: •.. ,,,_/ ,~ ,o ,,, By and bei'.;een/. ·:,:/ t· and :i: ··:..: ....... / ,/" ,/ ... ,., \:. '\.EASTG,\.11: 1/IIEi\ UU:..:'IN.C., an Oregon corporation ·... / :'. :· -.,< ....... :-· .-:: ''''"···'" 960l6009.0CIIMEO/W8870-331/02.(]6.96/cef I r9 TABLE OF CONTEN~ ~q!tAI.l .,//a:.': .... :\ ........ 7,••-.,, ,, ..................................................... , ...... 1 \::o~~S{c~DinciN$~-Rts1iµcT10Ns ....................................... 2 l. oJ R\trf~ial'~.j\kg ~~~~b~{;~~ .. : .... / .. , .. . . . ........ 1 2. Use Resiri,rjpns Bil>ding,'on lt,meBa,se"P.ioperty ......... , .. . ..... .... . . .. ........... 2 ;: _,.:: · ,./ ,;:,·,1.i' .t-"\\· 3. Use Restrictions B.inqillg on'Shqppini Ce1i.ter .," .................. " ....................... 2 4. 5. 6. 7. /' :,· .z:µ,:tlt:,::~::~ti~~-~~t:~::.: :::-:::·:::: ::r::::!:::;ii':::i :'.:\·'.':°'.'~:::::: ' ... , .... { ,,· ,· E;:;::::~·1·~::J:; l~:~;;::::::::::::::::::: .:::::::·.:::::·:· :··: ::::·::·. :::'.,.,'.'.':·::::::::: l l. Service Oriv:·~s.~4t·;/<::·.L ... L.):i ....................................................... 8 ... ,... .. ·' MI~~~:=U~~~-~~:<,:::;;·:.::::::::::::-(;?•:::,;::;'::::t:,;::~;;;~;::.::::::::::::::::::::::::::::::::: ::: :::::::::.~:~I'.'.:t;:\'.:::·1 ::.:.:.:~::J::::::::~:::~:::-::;:::.::::::·.:::::: J S. Amendment to this Declaration ................. \. ,,/ ..... ,/ ... ,i: .... ,/ .... /,:"' ......... .':\,_9 16. No Covenllllt to Operate ..................................... '::,./ ... ,>'. .. /.,{ .... ;,,}/. .. ,/9/ . •, ,. J 7. Severability ..................................................................... ·:t ... \ .... \.:,,,:>(.:-9 18. Captions ................................................................................... ·":,,,.".,.,:·:':°'../ ... \{ -i- %016009.0CI/MEO/W887Q-3Jllfn-06-96/oof '.=: .(·,,.······ . -~· ·:,- "\:., .. )'' ---·-----·······----- I;/ Release from Liability ................................................................................ 9 ) .. /f,9··'.:·~?~~~~ .. -. ·" .... --· --.... , ........... ' .... " .... , ·-........ .-....... -·-, , .... ,. ''. ···.· ........ , ..... ' ............ 9 ... r 3Q/~nCtton ~eel................... . ....... . ,, ~:4.:;q::J:;;,.•·······•::•········· ~:1.:1 :: 33. Related ~~t •. l .. _\·,(···.r"y·~'}-··;-:-::-_:················· .................................. 13 Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" .J( ,,,.,,.,· . f ·'·,,., ,~-. ./\·,:,, ·'1, •. , ...... :···/··· ,'. ( .. .:=-:· ./, .. ,·, TApLEOF 'qQ[J!ITS'''' ," ... ,, . :; .. ,·•'•' .. . ,,,. ·.-,., .. ···,,;: ' _._, .... ,,,__ Legal Description ofH~~e friip~ i / ·\·::.t ,; :; ., Legal Deiicription ofEastgate Proplil1Y / Site Plan Legal Description of Annexation Property -ii- 96016009.0Cl IME0/WBS70-J3ll02-06-961cef _,: !: ,,, _.,,,, ,, •,,,, ' ''.i· :(,,,-···. /~·:,.,; § , :: J. ' ' RECORDING REQUESTED BY ' AND Wffi;:N RECORDED MAIL TO HCWA REAL TY CORP . . , ,,, · ~ __ ... ···:tit,:~a--~;;~;·····.i .. _./··········--·>· A1;t~ntioii: Vi<:e Prl!iildent ~'8state ... / •'''" } / ?.-., · .. ·. . .. t / (S11a¥ Abov<!,Fo{Retorder's Use) »Ec~:~,-~,,~0LNAN~:··~~~1T10NS AND REsTRicnoNs AND !,IBANT Qf"EA'SEMEN'TS AND OUH'Cl.Am OF ci:RTAQ( Pb,:RKING.EA$EMENTS ··,·,·.,,,:" i_:" ._:.:-'' ./ ./·' :(. -·,!! / ,,//'\:,::·' /'•, nns DECLARATION Orf C~VE~.~s, c,t>NpITJONS >'VID ;, RESTRICtIONS.AND GRANT OF EASEMENTS ANo QUI1'CLA1M .. QF CERTAIN \' p ARKING EASEMENTS ("Declaration") is ~de-M,ofF~bru~ 7,.19~6, ijy n,;,w;l iqiALTY CORP/a W~ngtqn corporation ("HomeBase"} and Ei\ST9AJE THirAT~; INC.,.an Oregon corpotkio1J,t''Bi\stg$"). · / / { .. ··) _i' .f·' ,/ ,-·····, !!E!:.l! Ab S: .,,,., ... ·· ,,,,'-A[ .,itt.ol,hea/(se ~the.fee owner of certain real property situated in the City of Renton, County bfK;ing/StatiJ pfWashiiigton, described in Ex!u,bit • A" attached hereto and by this reference in69rpi)med l:ie(ein (Ure "HojneBase Property"). HomeBase and any other party wb.o subsequentlySfquir~(tllle t,;f°all <'i£ .. any p1)rtlon of the HomeBase Property is hereinafter referred to as the ''Hom';;-sase Pibperty ~-u/ /. .. ···,:, .. ,f:, ,. . ..... B. ConciiQ-ently ~hJhe ~cu.tlon,lindte,;prdation of this Declaration, Eastgate is purchasing from HotneB~se .Cert$ r~ propiity aii,jace11t to the HomeBase Property, which is situated in the City ofRenton, J:ounty·ofl(jiig, Sta_i,:ofW~lii~on, described in Exhibit "B" attached hereto a.ad by this referenci:i~poraie<I her~n (~ "Eii"liiite Property"). Bast gate and any other party who subsequently acq~i~es. fee t\~e t{)'al! gf a.n,.y·pprtioii of the Eastgate Property is hereinafter refem,d to as the "Eastfiate PrnP)irty Qwniir." )Ho!iie~ase;·~tgate and any other party who acquires fee title to all or any portion of'the migate Pfoperty or the HomeBase Property is sometimes referred to herein as an '!'owner ~ . . ' · : . ·. .._ -·...... ::· .i" / .:-/ \:."'.;:: / / ./ .. , .. ,· C. HomeBase would not olherwise agree to s.:U_the'Easfgatci'-PrPp¢rty tif Eastgate and Eastgate would not otherwise agree to buy the Eastgate Y(ppetty'frgm.HonreB~e without the restrictions, covenants and obligations, and the grant of easel'nf;lllts ~·(ortb.in th)~ Declaration. . ... " ___ ,.. ....----/' _.;i' 9W 16009. OCl /MEO/Wll S70· 331102-06-96/cef .j' u--·----~-~~-,-------- ) l ' .~ ,. l ;.· .; 0. HomeBase will hereafter hold and convey title 10 the HomeBIISe Property .,' subject.:tq certain protective covenants, conditions and restrictions and the easements as .· heteinaftey' ~i forth -;:':" ~ ,: i '\is i/ .:' ./···\ $. Eastgate will hereafter hold and convey title to the Eastgate Property J.·· ':• .. , ........ ,/ ~bj1 toJhe co.v,~atrts,£'.'.nditio°..~'. ~.~~;rictions and easements contained herein. , . ·' , ,F. ,/"Atta,;h<:?~reto pd inco.rporated herein by this reference as Exhibit "C' is 1 a ~ite plan depictir,ig the HQllleBase f,iope!t}'·and.the Eastgate Property ('Site Plan"). The areas '~ Jabeledl;l1f'th~ Siti;l P)an 61tdpti,arc~:C,#e ref\jttl!\iJo herein llll Outparcels. The area labeled on ·~ the Sit.I! Pl.an ii,s "Tl!eatr~i>ar,w" js.,{eferred J6':Jiefeit;:'sometimes as Theatre Parcel. The area e labeled on the Site PJ!µi'as ?HoiµeBii'~ Pare~\" ,J,S,'teierred to herein sometimes as HomeBase :J Parcel. The term "Sb.opp)iig Center'::usaj,.)Jil~,clri):efers to the Oi.ltparcels, the Theatre Parcel, and t the HomeBase Parcel. / ··.,. · .,·''/ // ,,/' ./' /' ........... ... /'•·."'? ;j rr; · NOW, THEREFPRE/in Qonsi.deiii,tion pf uie:.forego\rlt HomeBase and Eastgate ,: ~ hereby covenant and declare that 14*'H~nel:fa~ P'9{!'ert7t. aJ\/1 t!Ji'~stgate Property are now held ;i., • ·~ and shall hereafter be held, transferred/~k( ~ conveyed.lmc¢nbered, mortgaged, improved \~ ~ and occupi~.~ect to the terms oftbis'Decla,ratli>p,,,,Jne~ .. i~;·ooMi!ions, res,tti,ptioos ;~ 0 and easecqiiotsiilwll run with the HomeBase Property aii\l the ~gate,,PfOP.ert}:,as de$bri]fed ·] N herein arid ,:very pilI;t thereof, and shall be bindirig QI! Eistgate lin4H0~~ apd tltfu .tespective , 0 succesS!)rs tl\l(L.~sigils with respect to the Eastgate Pro1*rty !bl4,tbe H,;,,111iBas.t Pj,bpeity, and j ~ shall \llure t.6 th~ be#l:fit of the Eastgate Property Owner art&' the Ea,#gajt Pr~y, artd the 1 HomeEase'Pr~perty/Owner and the HomeBase Property as dedrj.bed herein/ · ·' ·~ , ...... ,7:· ./ / ~ :· ,C6;;~ANTS, CONDITIONS AND RESTR1cj1bi,is . . J /, .. -.\1 :; ···::/ 'r' ~1 ('.'!" 'ii ~ :.~ ~ ,-i'.. .... ,,_. ·· L' ( u, Wi:ti~; Bjndjng on Eastgate Property So long as the HomeBase Parcel is used as~ gcirefal ~t~d~r •e\liD!J.~me improvement items (or has been so used within the past twezye (1?,)"~ntl)li), nb,l'¢tio'it Cifthe Eastgate Property shall: (i) be devoted primarily to the saleo'fhardwi,.r~ (ii) be ~-:/ited,priml,tjlyto the sale of paint; (iii) be devoted primarily to the sale of gard~ ol"~ it,;msJir slipp~'8; (iv) be devoted primarily to the sale or display of mill work productli''Q[ supwies,:iru;\iidi~ wjthoirt.l~tation, doors or specialty doors, custom kitchen.,, kitchen cabinetfy;iiustom 4bin¢try.to1,1\ateci•oii::Quntertops; or (v) be used for the operation ofa 'home improvement itore.""'As ~d,here,in.Jhe ~i'~oroe improvement store' shall mean a store d,:voted primarilyJo'the $Ile .~f h9ine improvernet)t items such as lumber, hardware, paint, gardening supplies, figlJ!jhg,'cusfbm l;llmrieuy, kitfhens and millwork. 2. Use Restrictions Bindins ~ ilori\~~: P~pefu .,,;.;·i~~~·~f~e Theatre Parcel is used to operate as a movie theatre (or has been so:.~d w/:tbii\:il,te pasfttel~ ()2} .... months), no portion of the HomeBase Property shall be uae,ff'or tiie prirpo,e:Jfoperatitk a $mi; theatre. ,.' ,: .. , :' ' .. , ",. '" ·:;/ ./ .~ .:· '-\ ·::· .:· ./······-,-~: ,:· !,(\! .,· 3. Use Restrictions Binding on Shopping Center. No'PQ[!i9Ji'ofthe.Shoppins-: { \, Center shall be used for any of the following uses or purposes: .-.,:· / i' :"' i ·'' .. .. ., .. ·,: .: ,,/ ~\.,,( } •. 960l6009.0CI/MEOIWS870-331/02-06-%/eef -~ ' ' l j I .. :. (a) Any public or private nuisance. } .. . . (b) . Any ttoise or $0Und t.hat is objectionable due to intt'tm.;1,;:enr.-e, hat, ffequehj;y, shrillness or loudness ( other than noises typically associated with a home .improve.inent store or a theatre/cinema). __ ,.,,, .... · ,: ·: · ·· (c) Any,,excessive quantity of dust, dirt, or fly ash . . --: ,, ,--' ' ,.,,.,"' / / .: / / {d) ' /Any fjte; expkisiQn or other damaging or dangerous hazard, fjn¢lu4ingJhe ;or~eipisplay!si,i:r,i\j; t.!ffocp!;;i.sNes or fireworks .. ·. . · ,.·. ···-:: ·.:'. \, ... .! ,/ .{ /•:,./ ,/ ' :.i"''·:-i .i } . \,. ,.,(~). /' AfY ~~.embly';;,~iluf1foture, distillation, refining, smelting, agnculture.or·nnll\118 operat1,ins. ,· J .i ..... (6 . /:•.rryko11t1: ~~~'~rJrliifetCs?Urt, la~6t'~p, junkyard, stock yard or animal raising. ·· / '. / ii '/// /,·•) ; , :':,/ (g) Any Urilljng fylr and/gr renib"'.fil of su\)'surfu~ substances. ·:·.·.·.: ... / :~· :";' _./ / ., .• -··"··•·,:1,,:. ;;.: . . , ..•.. {h) Any dumping of:garbagt or rdbse/otl¢! t~~ iri'~clos¢, ·~overed reqepracies,.intended for such purpose. '·... . . . .... ,.,/ .. ,, ,. ,• / _, ·•::,,,"_.,,.. / //, \ (i) Any mortuary or similar se&i,~·e+~l\~'.l°t. ,. . } r G) Any commercial laundry or dry-clrla!'iDg plantfpi:o~ok, however, tlJls pr,;,bibi4i,n s!lA.ll not be applicable to any premises if orieiiiei} to:'pi!ik up'' and delivery ~Y ~¢ii¥rt,''i:onsil\n~r and there ace only nominal on-5ite suppilftipg ~cilities. •:,,_, .. ,· store, fl<:\"'.;, .fµly automobile body and fender cepair work. .,. ,.-·-"'\•, .. , i/.{1).,/ J.,,( flea mi~et, swap meet, "second hand" store or "surplus" .,... ,,//./:· _/_./···'\ ;~ ./'··., ... ,;. '•,.,,(iii:) Anf.,' a~ biak styre, ~Y'Sf)-Called "sin' uses including without limitation nude d~ pcirniigi;;ip\µc dftplayil, d_isp\~ .. of"X-rated' materials or films, massage parlor or off~.~~fatjJity. / · ,,::> , . 4. Retail Use Restriclion. ·s;{long ~ tbe:Ho,;neBa,e' Par~l is being used primarily for retail sales purposes, the Shcipping' Cemer .. sha!) .. be ~sed primarily for the retail sale of goods, wares and merchandise and for such sei'vi~~'establi$hme,iits its ni~y b.ii COJtlRIQll to a first- class shopping center in the same geographic area For pfupo,ses ,if th.ii pr<'i-mion, m<i,;ie tbeatce use shall not be deemed non-retail and offices incidentai'to ~ail\ng, includ\ng ba,ilkl;, hainershops and beauty saloru; shall not be deemed nan-retail. · · '-'./ i :: '-/ :" ..... ·.,/ _;: " 5. Hejght Restrictions. Unless otherwise appr~~eil bj tb~Hdll)~B~s~ ,:· ... ,. Property OV\ner, the height of the building constructed on the Theatre Parc.i;) so lop)i a~ sqfh ) building is used for theatre or retail purposes shall not exceed thirty-five (35)''f'eet(ei<cluding .i -1- %016009.0CI/MEOIW8&70-331/02-06·96/cef ·' ·. •.• .. ·,;;·-,.•:.. . ......... -............ ·-·----~·-· -. -I .·. lobby,),a;,.opy and architectural features on the theatre building such as entry marquees); and the :-• _: lieig\)t of th:'. buildings constructed on the Outparcels shall not exceed twenty (20) feet. Unless -'\. _/ oth,!inyf'se !(ppfovetlby the owne1 of the Theatre Parcel, the height ofthe.bm1ding conrtmcted on \ ·· t~ lliimfl~Sc Pa;\"cel shall not exceed thirty-five (35) feet (excluding canopy and architectural \,. . .. £~attires)'. i ·· .. ,. ., . . . ,, .... ~--,,, '·'""'"' ,/ _/·· /,,· ,6// Un,k;/eJ011e<}··Buifdirtg Area. Each of the Outparcels shall be paved and irtar)red ~-a pilrking,~·unt~ sµ~'.11 t~!s the commencement of construction of a building on such 0~pl)fC8r. (,./ . / '.~c . //·/' ·::::.// ", _ _ _-·., _ , , ·-·. > _ _ _, 7,, S\t@. P\all fu/@'\t)llons. ,rne.§h?-PPing Center must be developed in accordance with ille.Jiite Pll!,1i. Withoi.¢ limiti!l'g_.tlie''furegoing, all buildings and other structures must be built within the b~lcling'enve~bp8%'{~~ild~g Enve]Qpes") shown on the Site Plan and shall not exceed the maxiinl.nniSquat:e foqtages de$i~__for such b,41,dings on the Site Plan; and no changes shall be made tci ihe p.i.tking'spaces,,dril/i:wa~\!,l[Vice ~. entrances and exits from the layout thereof shown oni#re .!ite;i'lat\ ~thoupb,e prior apprqJai of the owner of the HomeBase Parcel and the owner of the "fhea,ie Parc~l Ar;y ~6~ modifications or other changes tot~!; Site Plan shall require thtprf{ir ~prf,al oftli:i\ qwn,# of_;~_HomeBase Parcel and the owner of tile,The!ltre Pared and the standai,ds aj;plfClll>le 1;o' S\J\)h c.onsent'·ii:f~ more f\tlly described .\klow. 'lJ!]til the tenth amnversary or"tia~ date ,,Jf t)l1s ~larllti.gn ··0f!Y 4f the foll9~ng changes .lb thtl,.~ite P-\im (i.e. changes described in (1}-tlii:ol@l (6) ~el.OW}-shall reij_uir~·' thfprior approval ofQ(itfr,the qwner of the HomeBase Parcel and tbll qi)m¢t ofihe.J'heatie I,l~c<!l which . CODS~t ~'be ~thh¢ld in the sole discretion of such owners: <n clill'J#S toint'of!lte Building En".~lo~·withm ~'HomeBase Pllt'cel or the Theatre Parcel; (2}~~ 1~,lh~·''M:•lv Access Driveway" (h!ieim,fte~.defin~) which is situated along the bouadaiy"ofthe•HQioe~ Property an~ the Bastgate )'t9Perty; (3}'"tilirnination of the IICCeSS drive to East Valley lii,gh"'ay which is l~u:d to the ~uth of.tile'~ Access Driveway and identified on the Site l'lait,' (4) elimination of the''":Servici Dnve')/(be(einafter,.defui.!!d) which is situated along the rear of the building located on the Theatre Parcei: or fe\O<;litjo'n of ttu($(:rvice Drive in any way that could impair the operation, use or'~njoyii\ent16f the JioweBa.,se rarcel; ( 5) reduction in any of the parking ratios below those requited by ;Jti's Pecliiraticfu; <ir ((i) i'elocation of the main doors to the building located on the Theatre"f>~cef (if $Uch building is_use<) .fqr theatre use or any other use other than retail use), any further north Ulan' as'sJwwn.<in the Site Plan or the addition of any entrance doors ( exits and tire doors being anbw,ed) a1,cirtg-.the .nnrt\l:'sidc{ofthe-building located on the Theatre Parcel (this item 6 to terminate atlti""be ofno t'µrth.<ir fofoe 6r ~ct .. if, as and when the Theatre Parcel is converted to retail use unless silbsequeritly ronieftll,;!J,ack \.9,.t\leatre or other use). Any changes to the Site Plan occurring prior ·toJ!le,lentj{aniiiv~sarj of tfils Doolaration which are not described in any of the items set forth in (1) t!ii:ou8h (6) above)in4.any chai.tges to the Site Plan occurring after the tenth anniversary of tins Decl11tation (-whe!'het:iir 11,0t descpbeij'·il'I any of the items set forth in (1) through (6) above) shall requiri~ pri6r l'l()prQ{al !'.itb'oth the riWner of the HomeBase Parcel and the owner of the Theatre Parcel butheither ,;if said"ownerSinaY:: .i' ,. unreasonably withhold or delay their approval of such change~. r,:'~t,tandlilg'the fo~fgojtlg; . any changes to the Site Pian required by the City of Renton in conilr;i;ti.qn ~-t~•if,utjiU. proposec( ., , development of the Theatre Parcel ("City Req_uired Site Plan Gbanges")\yhichare-nQ{ ot~erwjse ;• /'"/ .,· described in any of the iwms set forth in (1) through ( 6) above siulll not r~qlJ:,-~e Jlpp~val i>f ./ / \, the owner of the HomeBQSe Parul although said owner shall be entitled to notice.thereof. Jii .. · / .t ,/·..,, 4- %01600~.0C1/MEOIWS870..33llll2~6-96/ccf ,:! ·1'. ' ...... " - --,.q;;: ..... . -. ._;--- FEB 07' S6 l l : llS FR Tv 15037S6ZS00 P. 02/03 ,,• addition, iflhl building located on 1h11 Theatre Pare.el is ch1111ge<1 from theatre use to retail use, ,then'(i) such building may be expanded 1o the east beyond the Building Envtlope shown therefor, 'but dot,fUri;l'lcr ellSt tlllm the liorit building line cf the ewiing building Jilllaied on the HomeBil>C i Parcel; prov4fed, llowever, that u a condition to such expansion the Eastgate Property Owner // inulif nntigatii, IO the satWllclion of the HomeBase Property Owner, any impairment to w, . .,, ... ,.,. ,-~1' o(tb~-idenufil':lltiorl ~.lQ.~&ted 011 tbe south c:~atioo/east end of the bllilding located Qii ~~-'~ and {ii) the:JllaXimum total pcmussible building square foot11gc: of the \ building ,;iJ\'.thC ~ l>a¢e't may.,~ ~~ from 56,896 square feet to 92,000 square fm. •\. / ./ ii / ./ / { \-;;.-./..... ""\: -· ·-·--.. / . ; "t./ . }tc~-~ftC~slion Interferene~. During any period of constructiop. of my ~~·on tlu:,~hoPJ)iyg Cartu, all reasonable meuures shall be taken by~ coo,&u~-~ m:;,fui cast to DJhlimi,~-llllY impact that COll/itl:Uction may have: upon the liBl: aodlor op«ati.on oftbeJ11m•iriing~l*rtY:i,, the Shopping Center, including, Mthout limnation, dust and~ ~~tjnd}irtet;(er~-~mgrcs,f~ ot ~ to the remainingpropertyinllli!!·~~i~r._..-·· _/·· ·: ( / ,· t . ., '</· 9. 1!111kmg Ratit{wf sr,bsltrds/T~-~~ Property and th., Ea.stiillk Property shall each coataln plllidoi! ~ to,accommcid;rte ~ paµ-.gn~ gucm, invitees, ""'l)lc:>yeer.-®rs and other visitors to su~ propei::ties. ,the ~g ar~.withi.a 6-, .. ~ Property iball always gontain at ~tfo~:an4' onf1entkt4:1\p..rl<ing _!!iia4,, fur 50-(;alloo 5tlllldild size American automobiles fur-eai:h !fue r,liol!,llmili(1·;0ll0) ~e ~~ offioor -Ji, tlu:,HomcBase Property, and driveways and :rodtwii.y,, ~cid~ ther¢to)1r stich greater IOWlliei iif spiu:es /.s UlllY be required by any applicable gti;;,~ ~;itlo:ri, co&e, special use ori •. zo.njiig wmi1, The PILl'kma areaa v.'itl\ the Outparcei'&~hall ~lways ¢nt,,ii\ at !wt four .and oji'c-ta:ltb. (4,,1) ~ 1111acea for so-called starulard size Ariie~_~obile&. and /driv~a)'S''~ foc)tways mr,idcntal tbercla, for ca.ch ooe thousand ((000),~ fec:t oftloor area ')n sucli'.'~ or_,~ gtcatcr 11U111ber ofapai:es 18 IllllY be requiied by'·~y tpplic.able ~ ~gu],atiort coik, spJ;t:ial use or other 2oning pennit. M long u the Theatre P.....,1 is 11scdr({opl!!'a!e ,i. c.i~a/tJie'~ areu with the Theatre Parcel shall always contain at least one (1) Pukitis apllllC'for ~~r.y fo,llf (4))cata in the movie theatres located within the Theatre Parcel and ~ays a~d"~o~ i¢clentaltbereto, or i!llch greaw-IIUlllber of space.s as may be rcql1ircd by any ~illllo~r,gll]iilloii,.~. special use or other 7.llmng pi=it; provided,~. if app~~~ pem.ms 6ne (i} tiVking space for more tban four (4) seats in the theatrea, then the parlcii)j! withii'i;t~Th~ J)ar<:<il IJlllY, pwy be reduced tc what applicable law J)Cl(lllits if the redactiou·willJ:esWt,kl mi impict oil p11rki~1rwi;bin, or11se o( the HomeBase Property. If 'the Theatre Parcel is usejl for 'retail (a& oppo~ to mQ~_the.atre.11) then the parking arr.as within the Theatre Parcel shall ~aya_,contafu at~ ~ur aria orii:-.tenth ( 4. I) parlcing spaces for so-called standard size Amerlca~cl1VtQD1obileili aru:f clrivr;waya iind footways inciderttal thereto, for i:ach OM thousand (1,000) aquariffcc:t'of 1lix,r ifrea.fu fl\lch p~·tJr$11cli greatet lllilDbcr of spaces u may be required by any aypli~.~ g~enlil regµlation, coit_e, special we °" odu:r zoning permit. ., . . . -5- 960J6009.0C!/MBOIWllll7D-33]/ffJ.f11-96i«l .,, ......... •' .. r.~,/ .... / ~\ .. ---' .t"i:._,/· /~di)ion, if the building located on the Theatre Parcel is changed from theatre use to retail use, ' th~ Q)',$11ch building may be expanded to the east beyond the Building Envelope shown therefor, ? b\tt \Jot i:µi:tb.i:,i: east. than ,he front buildi;1g liue of,ne existing buiidmg located on the Homel:fa,e )'artel; provide(!, however, that as a condition to such eicpansion the Eastgate Property Owner /'11¥\st !Jlltlgate, to the satisfaction of the HomeBase Property Owner, any impairment to the · yjsibpity gf th.ei~!lllnfication sign lo.91:~ed on the south elevation/east end of the building located ion the H:i,m~~iie Par..~el il.nd (ii}c,die m~um total permissible building square footage of the \bµliding on the Th!:atr~ Pai;i:efmay \ie.,ihcreased from 56,896 square feet to 92,000 square feet. ·.,:. . " .. :./' .. /' ./ .{ {:,, . .r······'"''''··->· . .. .. & .\ ,/ Rgstruitions ! ;[@Jng Cohstril!;ii::m Interference. During any period of construction ~.f any' imp.iov¢len~1'Jl'·the S~p~g tenter, all reasonable measures shall be taken by the construb~_',).Wller,it itrcos(to minj/ti\zl1.,iiliy impact that construction may have upon the use and/or operation of the reinainil;Il! pi.i!)el;fy inAhe Shopping Center, including. without limitation, dust and noi~ .~tern~ anjl."in~ei:e~.witlJ..ingress, ~c~ss or access to the remaining property in the Shoppjiig c:;ent~. /. ../ / / /. ./ ./· .. / ./' ,.,.,··,:.;. ·::. y.,_·,:1:.; .. / 9. Parking Ratio,wd Stan!Jiµdii. ~e HQrru.iB~Propcrty and the Eastgate Property shall each contain parking suffi.i:.\~nt fu aql:omrnodiiu{ill 1fatrQm..guests, invitees, employees,,·~•fors and other visitors to suchYpropertleJl. T~ park:nlg areasw_ithin th,(•,,,, HomeBa~ ProP'@l:tY sball always contain at le~four ~ iiln.ety-four't,gl);;~un~dth~''(4,J)4) parking,s'pac7' for'i\o-called standard size Americii'IM\'(JIO~obi}es j'ofachofie tl!<,u~;:{l,000) square.feet o(iloor ii.re& in the HomeBase Property, and•ijtjv,ew@ l\lld·footw11,S incic\,,ntal ther~, or,kh;grajer number of spaces as may be requi~ bf anfapplicalje !j6veriunental regi,ilatioi,; co4e, sp~al use or other zoning permit. The parkili~,!\l"ea~.witlf ti:¢ Ou.tparcels shall ~ays IJ()ntain at l#ast.1ive.(5) parking spaces for so-called standaiil .. ~e *1eric~ automobiles, ~d driyr.,yeys 119d,fO()twaysttJ:cidental thereto, for each one thousand (l;OO,\J) sciiiarc feet of floor Iii'~ in such O~tj,Jtcel,.w,;rucb;greater number of spaces as may be required-i,i·any applicable gov<ir(l!ll~''regu!atjtm, ¢ode;' sp~,use or other zoning permit. As long as the Theatre Parcel is used titopet~~ a ,;meµia, t_be,parking'i1reas with the Theatre Parcel shall always contain at least one (I) parking Spac~·f6r ev/Jri four-(4) sejits i~ the movie theatres located within the Theatre Parcel and driveilays and.Mways inci:i,~·theteto, or such greater number of spaces as may be · required by any applieabl~ g6veijunentai"rilgiilaticin, ,.ode, special use or other zoning pennit; provided, however, if applitjble ':law·pertnij& ooii ( l} p~g space for more than four ( 4) seats in the theatres, then the parking'"'1(ithin $i Thea~e p~ ma§ ii111y be reduced to what applicable law permits if the reduction wiii''i'esillt it:1no ii.,ipa¢i 011'pafking'.wiihi!1, or use of, the HomeBase Propeny. If the Theatre Parcel is used tor retail'{as ;ippi:isecJ.tQ m~.-thl\lltres) then the parking areas within the Theatre Parcel shall alW~PClllla41atleasf'!iv~:(5) parking.spaces for so-called standard si7.e American automobiles, and drlviiwa:is and footwliys iliciJ:lental tiulreto, for each one thousand (1,000) square feet ort1oor area in sucli pljrcek'or ~ch~r !)Ul,lltier'of.spaces as may be required by any applicable governmental regulation;,.t:odi;' sp6ciaj:use'qf'other..zonlng ~nnit. ·:' ,;· .:· ;· .,' -{ ·:: :: .:<:,. . ., .. ,. } ,:· /"\··::. ·,;. .:.i ... / ,,' , ... , ' .:·.,.,·· ·,. ·:::;/:" /' ·:.: 1,,~ .. 1•' , .. ?·, ... / ·5- 96016009.0C1/MEOM'8&10·33l /02-06-96/cef 1 ·} ! EASEMENTS .. -~ ii"' / LO. Reciprocal Driveway l':asement. In coruiecif61iwith the'development of \ .,the HomeBase P{operty, the HomeBase Property Owner constructed a driveway which is located ,, "-... , .... ~··/ onbo\lfthe,,J:!olli'el:1a5EfPtqperty and the Eastgate Property and is shown on the Site Plan as, and ~brei~ caUed "Mftiq Access l>rivewff" ''There is hereby granted and established to and fur the •fit ofth!l Hcimell-as~ Pr6peityt0w&;l and its invitees, agents, tenants, servants, visitors and lie~~ (cdil~i"!~iy, Vie "H~asfil'en,nitted Users"}, a perpetual non-eJ<clusive easement · appurte'riant t4 the'.H9rileB,ase)ropetiffQf ingr<;ll~ ~.and esress f\:'?111. the Ifom~ase Property • ., ·.,..... ;,· .. ;· ,, !' :! ,.,,, ·,· -~· ·!·. . .• : • . ', ·.~· and fur drivewiw use only; to,,-p~,ov~ and tj:frougll ¢d use that portion of the Mam Access Driveway located,9n the E!llitgate'Property. / -"'· ··,,J .,..,,.. .. ./. . .,,··~..:./ ,:/ ·~;':i, There is ~eby-graaji:d a,A1 e~ablished to and for the \)enefit of the Eastgate Property Owner and its inviwes, a_ient11/tel)llllts/se,:vants;·visitors ~li.~ruees (collectively, the "Eastv,te Permitted Users"), a p~etJial ni:m-exi;lusive -~ii)ent appuitenant to the Eastgate Property for ingress to and egress fto'm !fie qastgatel'rop~'.li an¢fq(driveway use only, to pass over and through and use the portion ot.th~·Mam Atcess DliiVc.<kyJocated on the HomeBase Property; pl',OVided, however, that the Mahl Mci:J-P.,iveway,.fuay'ilotbe"~by the E~~te Permitted,Dseri{~ construction ac~ss in co~~ion ~\~ .'&J ~e!G~ of~~ on pie )astgate Property.or by the F{omeBase Pemntted Users fot•CQnstfllQl101rac~ess.111, .. ~o!ffiect,on __ ,w\tl)"any .• 1 .. ' ' ., ' devdo_~en!_.rif.?r 01 the HomeBase Property. . i .. ' !'. i• "•'..f' { :r / :.,=· / ,/ .. , J'he o~ner of the HomeBase Parcel shall at all tin),,es riiaintain the,cMairt Access Dij.vewa,y' in good ¢nditi!l!l, and good repair. . . .. •' _ .... /, :,,,,,i 1;11·~-li.~;tgf!.!~Pl:operty Owner shall at all times rnainiw:··i{it/~olii'~st and expen,se, a col!lllli:\-cia!:-ge~ liability insurance policy with a :linallcially respo~ible insurance compariY;·wveriii.g ~ a.stiviti/:s 9flhe'~te Property Owner, the Eastgate Property Owner's agents, contract~rs, ~)le'on~ars ~ eiuployees, and the other Eastgate Permitted Users on or upon the Main A~ss Driy.ewily. ,:rhi,,erufors,iment to such insurance policy shall evidence that such insurance po~i:y .. (a}M ~e a ~.iajl~e limit of not less than One Million Dollars (S!,000,000} and an aggregite I~ of not !ess than )'WQ Million Dollars ($2,000,000), (b) shall name the HomeBase Property Ownet"li.nd/so Iring ~ Ho~ase or one of its affiliates, subsidiaries or its parent compimy,l:!as°'Bl}int• iil theH~meB,~ Property, Waban Inc., a: Delaware corporation, es additional inS9redi;.,~~-theitin\erestrt1ay 'iippear, (c) shall be primary and noncontributing with any other insuran®. avaiJ~ble ~ t).te Hpme.Basi{;Prop~rty Owner or W&bll!l Inc., (d) sha!l contain a full waiver ofsu~llon,clal)Se, _.;w (~) ~ co~ the indemnity obligations of the Eastgate Property Owner setfl;ift!1hel9W itt't~·Paiagrapb W,,.,The Eastgate Property Owner shall, from time to time, upon the i~u,iist q(thfli(!l'!leaise·Propetty Owner, deliver to the HomeBase Property Owner certificates5f~ce e<iid~lng i)S,c.omflliaIJ.ce with the insurance requirements of this Paragraph 10. · ' · · · · '' ·· ·· · .. . /, ... ·~. The HomeBase Property Owner shall at all times niai"ntain, a'i,it& ;o~'c6st _a,u.4_ expeose, a co1111nercial general liability insurance policy with a firianciall~,-.respons,illleinsurani:ie . . . . ·,:.. / .:· t :: company, covenng the a.cuVIUes of the HomeBase Property Owm,r, the HomeBase Property. .r .,'' ,/ 96016009.0C\/MEO/W88i0-33i/01..CJ6-%/ccl" ., ......... \.,' ;~,:/" /• .-:- I I l .~ . J _ ... ·'' / -1-: .:bwnks agents, contractors, subcontractors and employees, and the other HomeBase Pennitted · / Us¢rs,cill.Qr upon the Main Access Driveway, the Service Drive and the "Sign Easement Area" (as ·· ~It~ it1)lar:..graph 12 below), The endorsement to such insurance polic:-t shall evidence that ~ ;: r} ',. ,ffel'c~ ~"i?_Olicy (a) shall have a per occurrence limit of not less than One Million Dollars j \,.. _,/($J,009,0QO) 111Jd ao_l!iwt'gate limit of not less than Two Million Dollars ($2,000,000), (b) shall ] .. , ......... ~-····· llame,.the ¥astgat~Fropeitr Owner !'I:~,~ additional insured, as its interest may appear, (c) shall be J ,;iiriofeiy \jhd n.0FontrJl1utin:g witll,Aiiy o~er insurance available to the East~ate Pro_perty Ow~er, ,! "(~)-'sha!J col)tam a juil wruv~r 9hubrpgition_9,l~use, and (e) shall cover the mdemmty obligab.ons . _ 1 ofthe ~o~ase,Prop'erty}Oivner silt.for!b'belo}V \11 this Paragraph 10. The Homi,Base,Property j .· . Ow11eritl1iill, *'oni.t.i,irte tq'tinJ, upo1ljhlt'req,u1;St ~ft~e East.gate. Property Owner, deliver to the .\ Eastgate Pro~y Own,.ei ~rlifiqai&f~f insti'rtmci .. ~dencing its compliance with the insurance \ requirements ofihi3.Piiras,raph fo. N6twithit#<ti!j anything to the contrary contained in this J Paragraph IO, so long as,,ihe l;Ibme!;l"iise J'i'o#ro/,.-Owner is HCWA Itealty Corp., or any affiliate ' or subsidiary ofWaban Inc,,_i Delawar~' coi:por\jU09,'0'l"!l(ly succes§iit,tpereto through merger, j acquisition or otherwise, aria so 115ng a.s thi H~~ase Property ~¥ or its parent has a net . i worth. of at least One Hundred Mi,lli¢1 I).6llar,s (Sl~.1ioq,OOO.), t~,irtsurance requirement of the jl. HomeBase Property Owner contained ip this P~ph to..~y.,be ~sfied by any plan of self- 1 insurance~·~.~ to time rnairnaioed ~the ~oil!~~ P~p~~!°{nerorj\. paren:/' ':> 1 / The,,Eastgate Property Owner ast\:CS to ,rrid,shalfinde,rnliity;'''ijefliild (wfth ,tiounsel j reasonalJ!y sat,i.~fact(iry to the HomeBase Property'~er)aru}hqµl barniliill!s th,i HefimBase ' Propmfy Owii.et;Jllld jts respective employees, agents, rept11s_crttta.t'ive,;·-sut'lsidie,nes/coi;ttractors, , sulx:oritract6rs and affiliates (collectively "HomeBase Property Qxiv¢wav'Indemnitees'') from and -1 fl'J agai)fu an,# and/all Oailns which any of the HomeBase Property Dri.vti~y ytdet\mitees may suffer ; a'l ~ng qut o(•'telatjhg,to·o•.jµ any way connected with the use and eiteitjst" ofthe,Main Access :; ~ Qtivewey.,!lllilemerit granted tel the Eastgate Permitted Users as set forth ili tll)s Paragraph 10. ., Cl) The._J-IomeB~J'r~pert.y~ agrees to and shall indemnify, defend (with cti\ittsel reasonably 0 satisfictQ.~Jo·'th(Eaefgatef Prll!)elJY·~er) and hold hannless the Eastgate Property Owner aod ~ its respective employ/ies,,ligeo;is,.fepresen'tuives, subsidiaries, contractors, subcontractors and tD affiliates (collecti~ely "Eut§ll~Pr~per:f,Y ffi.iVt;W"Y llldemnitees") from and against any and all (1.1 Claims which any o(!he ~gate ,r'ro~yp1iitevjay Indemnitees may suffer arising out of, relating to or in any wiif coruiectl\(I with tlie .~se .JU!d l'/nr.i:ise of the Main Access Driveway and the Service Drive easements il,nd tbe"Sig11agi easeme)it pt!l4 to the HomeBase Property Owner and/or the HomeBase Permitted Useq,(a1r-the.iiase.t'iiay.,be}'~ to the easement grants set fonh in Paragraph 10, Paragraph''tt''ii:nd,~ph 12/ F/,r ~~-of this Declaration, the term "Qnilm" shall mean any and all actions, i!\rits, ciwseshfactiq11;,1\!1d/O(;.cla:i11JS for bodily injury aod/or property damage, costs and expense&,..in.cluq,ih$/wit)fout}imit_~on, ~nable attorneys' fees and costs. .-,,.,,, .. ,/ / .,.:' / _/ \ ,: _.., ..... The Eastgate Property Owner may el~ct:th Cl!iry ~coJthner~,,g~ khmw illSUfance policy covering the entire Main Access Driveway &!!¢tti~g,tb'~ reqifu;~e¢s ,iiftbe insurance policy and all other insurance requirements set forth in tbis Pam.graph lQ ab9\.~; for:,ine .. ': benefit of both the Eastgate Property Owner and the HomeBase Property <>waer. l!trui Eastgate h-/ · · Property Owner makes such election, it shall do so in writing and shall thereafter hitve ihe right to .. · .., · receive a reimbursement of one-half (1/2) the cost of the Main Access Driveway•liability policy " "·, from the HomeBase Property Owner promptly upon delivery to the HomeBase Proi:!erty Oviier / ,/ ,;:.,/ -;.·\:/ / ;/ ;., 96016009.0Cl/MEOIW881D-33!102-0<i-%1«:f ( / ;of e'lldence of the payment of such premium; provided, however, that the HomeBase Property · owlieriruill have no obligation to pay J110re than Five Hundred Dollars ($500.00) (US 1996 · Qblfais) p~r'yet,r for its share of the premium fur such policy, · ;' ,. .. ,./ / :····; i'1. Service Drive Easement. In connection with the development oftbe Thea,tte Pa\-cekth..1fE;~tgate Property_,Qwner shall be responsible for designing and constructing a .~~e drlveto.be l0!a11,ted-~t the .!iliar of}he Eastgate Theatre Parcel in the location depicted on ' tli{SitePlari. Suc~·-~ced!jv~'is cle~pn the Site Plan as, and herein called "Service . prive,f Tlie ;Eas~~at~,,Propeey Own(!!' sl\,afi co$ti1ict the Service Drive in accordance with plans and specHi.caci,ollii of-the J!otl}eBa~e}'."°perty . .(,fwp.ei'Jor the service drive on the HomeBase Parcel which h;.ve beei:i,i,reviously pr,bvided;Jllld:~~fEastgate Property Owner shall maintain the Service Drive, at·itA.sole cost a)id e,cpbnse_, iii llbo!,f'condition and in good repair. The Bastgate Property Owner shall beJntit!~ to}'ece~iiii'f;6m Jhe HomeBase Property Owner upon completion of the Service Drive an /im.o!rirt ('Iiicreased.iAmrumt~)·not . .to exceeef'T\m Thousand Dollars ($10,000) toward the cost ~f the,{niti(li in~ta.lli,,tiol\"ofthe s~rvice Q'rivl The Increased Amount represents the incremental. in.er~ i_!\ thi{ co,,t' o_f the_,Sefyice:Driye._fo''construct in accordance with plans of the HomeBase Properiy Qwn!I\-ry\thei/thari'tn.lif Ea~gite Property Owner's standard plans. The J:::~gate Property Owner hereby ~ant~ f~r the be~6f9nrHoo,):CBase Prgperty Owner, its.{enllljts, subtenaJlts., agents, contractors, 'sii~ntt,:actots Bl@_ en,i,ploye~ a ~al non-exclusive easer,pent appurtenant to the Honiel:!:as!f,.Propertyto .~!l,~·~1eiy fo;.,ihoJ,urpose of allowing s,;r:vice vehicles, including trucks, to pass ov~ an1J'th1wgh iliil'Service,,Dri¥e as a means,'bf ac¢e~•to a~d from Lind Avenue. '· ' ( " ·· ·· .. ·' . ); . // /12. / Pyl,m Sjgn E"",;ment. The Eastgate Prop·~r!.Y .. 9~ne~-'her,by,i£ants to the H.6meBise ~ioperty 9wnei,~ easement appurtenant to the HomeBll3e,.r~,i>p¢hy f6r signage p_µrposts.o'ier tbie'ptirtion ofthe Eastgate Property designated on the SitePl/lfl e,s "Sign Easement ~" to maio~ahi)111 eJ<i~ ~}'Ion sign and all systems necessary for its opei'iltion. The Eastgate Propiircy,J,).wrier ~alj.'11avl no}-i~ to .. µse such sign or any replacement sign, The HomeBase Property OwnershaJl.•ta\)i-~e sign io\:ompliance with applicable laws, and cannot increase it in height or width without t,li1s·'co~en~.of tl)e ~gate Property Owner. This easement shall continue for the ~~ of.this Pec\ifration;J!,iid for &> long afterwatds as such easement is utilized for the above-describecip~se~. ,. ·' / / .... .,,," \ ......... ·~~£1+;.~ys·:z .. 13. ConstructiyeNotjceaiid-Acceptancc,, .. !;'.,very pepqn or entity who now or hereafter owns or acquires any right, title, o~.it:lterei in; or,fo ~y p<irtion'\.1fthe HomeBase Property, or the Eastgate Property is, and shafl. b~f CQitcltJJilvelf d~e~ to have consented and agreed to every covenant, condition, r~ction"aii.d:i:aseinenfconfainj:d her~ut;-'whether or not any reference to this Declaration is contained in the il'islrumcint 1,y w!ilch,;tJth person ~cquired ruch interest. /. / / _ :' / ."'<} :; /"• .... . :' '." ~ / ,·.,!.i .. , !j .:· .. /::, .. ,·· 14. Duration of Declaration, This Declaratiorisbiill (1<Jntil)Ue.,intµllJorce'"iind h/' _... effect for sixty (60) years and is binding on al! owners and ocrupants ofi)le ii'.omt>l;l11$t Pr;opetty , and the Eastgate Property; provided, however, that all easements granted'i11ll\i.~.deciarafion fha.Ui ( \. . .:· ·: :, .. .t it .-." .,~··:/ /' -8- 9oOl6009.0CIIMEOIW8870-331102-06-96/cer i -Oiii.a: ~'"'···=-------~ ' j ./ c'6ntin:he in perpetuity except for the sigtl easement which sh.U have a term as set forth in j i Par11~~:ph)2. . ci '\ .. ,.. // f is. Amendment to this Declaration. This o,x;laration may not be amended to I . ,.·fui!ify or'e!iminate the covenants, conditions or restrictions contained herein without the prior . '"',,.,.,," . ..-·' writt~ !ll)proval of-tlie'owner of the HomeBase Paree~ ll!ld the owner of the Theatre Parcel and J any iltten)Pt tci' d6 so shall ~ void imiffiaye no effect. ~ ':'..:.,; .. / _/ ./ /" ._, .. ,,-·-\:: ii t,._/ .. / . . f _:. / 16 ,/ )'lo Co,iet)ant {i/tmerate,,, Nothing contained herein sh.all be construed to . be a cdv•(to qpei,ate Qt !Q?do buiil\\eJ;;(lhyi ~.Shqpping Cellter and the parties expressly di!claim any ~,~~ du~:,./' /,i /,·' J<' :;;'·:. (, )' ri:""·' Se~rahjfitv. ~very.p.iq~ist~n of this Declaration is intended to be severable. If any term o(proyision,herepf is,,jlecli(red '!Y a court of cpmpetent jurisdiction to be illegal or invalid, such illegal.'or inpalid .tern:l"'or pfo}'ilifoii:-Sh~ not ap-e4, the balance of the terms and provisions hereof, which terifu and PJbvis,fo~ sha]J,remiijn bintii.t)jfand enforceable. ·:;:·.:~/ .::'' ./" ./ /"' \ / ,/\··•:;, .... 18. Captions. Any ci!p~nsto ef head'll>gii rifseQiions of this Declaration are solely for ~venience, are not a part of thfs Dilcla4tion, and ShalJ!i1ot~'iised, for the ,. interpretat,ton .ci'F• <ir determination of the validity of this'Dee1'ration or.,n)'. proiision h¢f~f. ,, '>::: ·.-\\, .. ,,.~··'",/" .. /·; ,/:' ,,•"'"'"·.';'.':~·. '} '} ,:,'/ ... / ;: ./'J 9. ·:. Relene from Ljabiley. A person gt enµty.,,shall be ·1,oun4'by ,ihis_/ Dec!ai-ation,,onlj durl/1& me perioo such person or entity is'·tl,J.t ftie orcteas~o1tVO\\'Mr ,or any propiiny 'o/hieh,is sub.ject to this Declaration, e><cept as to obli~nklliibilitjes ,lind ;-' r~nsij)ilities:'that_jccrue during said period. Although persons br . .entities:'lnay be.foleased under tbis p~graph, th~c9venants. .. and restriction1 in this D:claration shall COl,lli~ to_,be benefits to an,! servitti'des ujlqi\ said prop~ running with the !and. ... ,• .. ',:.. :.' .,· ,,,•· ·~·. '.", ·: .. ,:/:' . .,, "'--....... ,_ ... · /'2r;'' /'Nqtlcei1 ~·notjce, request, demand, instruction or other communication required by this Pecl~l!,tfun 1b be given to any owner, including, but not limited to, a notice of assessment, shall !>e i;;:·writii/i/and.sliiµ be;eitl!et (a) personally delivered by a commcrcia\ messenger service'.~y r.e~g iet:!;!p":'f'or)uch delivery, (b) sent by registered or cortined mail, return receipt requestei:l, o((c). deliv~d qy the/ail:,fOurier services known as Federal Express, Express Mail, Airbilme,"or'E(Pety Air; an(fsut;h notj.ce shall be efrective upon delivery thereof to the owner being gi~,!11),!;ice, ;ind iihall ,lie a_d'i:lr~se\, IQ the owners as listed below ( or their successors or assigns as may'be reporteq in,writi.na,fo acwrdii.i!ce with this paragraph): :·. ,,, .. , ,• . ,• To Eastgate Property Owner · .. •;(_ ,.=&;t~~-.. .,,, 9W s;w. 1:liylti, S).iite -~···· ··,.-_. Portl\lnd, Oregon .!i72~f , ... ,, . . Attentio1i': ·. Mr. Walt AJfu,n, P'rejld~ . · .. Telephone: .(503) 2;H,02ff· · .. / ,' ,\c· Telecopy: (503)'228-~03l ..... ·•,,: ... i·./ :' .,.. .. "';, / ./'',/ -" .,· _;:· \> ·~> :: -9- ./ .. (/'•;,l 96016009.0Cl/MEO/W8870.J31/0Z-06-%/ccf ~--~-------- To HomeBase Property Owner HomeBase 3345 Michelson ,,····"\·., Irvine, California 927 J 5 Attention: Vice President Real Estate Telephone: (714) 442-5000 Facsimile: (714) 442-5120 .• -·····"'"','·1;, ,·.' With a cpfiy)o: ••• ,N·· ,.,,,,,/ Waban ./ "· .i···· · '""\;One Mercer Road / :;, }p,/ _,,/ ?/iitipk, Massachusetts 01760 . . / /'.// { ·. {,it.tttntion: Vice President -General Counsel / i' /l·f~lephone; (508) 651-6500 ,,,,_,.,.,·· •i / Il'acsimile: (508) 651-6623 If an own~r ~sires·~: "~' it{~dr~;~f~rthe purp~~ of receipt of notice, such notice or change of address shall'.~e ~vep'in tl\e,.rn~r~p~fie4~ircln. However, unless and until such written notice of change'is a¢ially re'beiv¢d. t~ last ~ddr¢ss and addressee as stated by written notice, or provided herein if no\•mtten:not(~ or chahgi; h,11i' be!'G·r.ll!'eived, shall be deemed to ¢6ntµme in effect for all purposes h~euildet,. . ,. ' .i ,, /·· ,,, .,· '·:,. ·::: '···,:-...... _):r ./:. .-/ ··:,,,:,,.,..;:"''·'·\~ '·\ :,/~· }/ . 21. :·, Breach Shall Not Permit fermirtaticm; Notige @H).ite Right3. Ir'is expr~j, ag;f~d that no breach of this Declaration shall ~Ji\ ap.y o:,ynet, to Gl!fi~'. re,cind, or otheryiise t~ this Declaration, and such limitations sh'iilt not ~,;.t-ln a~y qi~r any of the right§ or ~es w)iich the ownen may have by reason of any bf«ll!Ch oftbjs l,}llclQ.i11.tion. No owiler shilll bedeen\ed in-bi each of this Declaration unless and until"siich o:fyn~r shfill have r¢\:eived,.~ o}~h br~h.and thirty (30) days shall have elapsed after'~h 110tice without the.pure of suclrb¢ach.Jiayingl,een completed. · "•·····,,.,.,., . ..-i'~,l f:·~etliefu Rfghts:'•'1,Jpon the failure by an owner to observe or perform any of the covenants 9r pi'o\l'Jsio95,6f thi.~J::>eci\u-ation to be observed or performed by such owner, where such failure:~ cqmiifue fi,r a'Jieri6d jftJurty (30) days after written notice from a non- breaching owner to'theb'fe~' owneh:if ~rich fuilurp, an owner may, at its option, without waiving any claim for damages f'dt: bt,llaCh oi agi:eem¢ni; !It any time thereafter cure such default for the account of the breachit},g own~ aiid ~y ~unt'p~ o, any contractu.al liability incurred by the non-breaching owner in ~,,domg .1malL~e d¢em~ p,llid !lf,-incJJrred for the account of the breaching owner, and the breaching o~er sliallrirunburte t1>e''curing:owner fur the cost of cure; provided that an owner may cure any sut~ d~lt a.;i afi>resiiid grior I.(). thd ~iration of said thirty-day period but after notice to the b~ng ~wner, i the'clirlng,of suth default prior to the expiration of said thirty-day period is reasonabiyilec;fssl\!'y 1oirtMOJ1t}njucy 0,r·d~e to persons or property. ,,· ·' >-. 23. Bn:ach • Effect on Mortpgee and Rli;t,{ to Clm{ :'ilr~eti''o~ an; p'f th~ , . covenants or restrictions contained in this Declaration sllall not defeat'or reajler iriv!llid,fue licit of\ ' any mortgage or deed oftl'ust ("Mortgage') made in good faith, but.all c\fthe'·f~r-egoing ,.,·· · ;, ,,/",/.. .. provisions, restrictions, and oovenanis shall be binding and effective against, ~ny .9wner of any portion of the Shopping Center, or any part thereof, who acquires title by foreclosure or tru$tee's -to- 96016009.0Cl/MEOIW1!870-331/02-06-96/cef .t ~:· .•. <~= ;:-·-·.,=··· .. ·-·---··-·.•-.--.,...- I "/. \i -~ . ,/.. _/.;, ./ .;, 1 .. i~le of by deed in lieu offoreclosure. Notwithstanding any other provision in this Declaration for ; .,;: · ," noti&:~·b[~efault, the Mortgagee of any owner in default hereunder shall be entitled to notice of !i "· ·. · said ~efm!'!kin .. \he same manner that other notices are required to be given under this Declaration; •~ \ . ptovid~, .howe~er, th_at said Mortgagee shall have, pri?r to the time o!!he default, notified the ] ·\. . owner 8JvlJ'!g SlU.d not•!,C of defllll!t of the Mortgagee's interest and mailing address, In the event J "····-.. , .. ~··/ that !liiy ngii~,s~··6~ givcen ofthe.\J~lt ofan owner and such defaulting owner has failed to : :,fure,.cbr COID!lle~ce t°-, ~e S\l,ch ~rlirult at,· provided in this Declaration then and in that event the j ~r giving ~ch ,!lilttce of;d~t c,~~a.Jp give such Mortgagee (which has previously i given i!?,e ¥iofe s~ted,:hotiiie;\p sucfr9~r) unile~,llllY Mortgage affecting the Parcel of the ·l ' defaultirij!/o~ a.i;t.a'ildi~~·no~icr'ren ii;i,-tlieinar,mer provided abo:ve, that the defrul~ :. owner has fmle.d to cur~··'sllch def;fuif,ind sucli, Mh!::tg'agee shall have thirty (3 0) days after said J additional notic~1o . .cufe "'!Y su_91l de¥,tlt, p\'J\f'ii'""rh default cannot be cured within thirty (30) ·,1 days, diligently to comm¢ce Qiiring,:withm.'iluch tjfue and diligently pursue such cure to 1 completion within a reasiina.)#e ti~ thieaf)fu'. _ililjag·af'l\llY notic{diiefault or the failure to ·.; deliver a copy to any Mortgagee ~hall.iii. mi ev'1irt.lreate an:i,":liability, 01fthe part of the owner so ;1 declaring a default. ·· .. ·· i .i .i". "\ ·· " i' ~:=i .... ,{ :. ,. .) '·1 }' ._,:: -~ (l) ,; C!'l ' j M ~ {, gJ ·.; 0 :1 N ~ 0 ., (.P .:::: ~ i t ., ··t ., ' l l l j l l ·A < -1 • I } ; i 1 i ~ I i ! i ' l I I l l l ' . 24. No Partnership. N,:ith~thil!Declaration nof anyactsqfthe o~s shall be deemed ~i\::Q),l8trued by the parties hereto, d.J" an:y·of1berl!'/or,Ji'y m:iy third ~son, t<;/cr~e the rclationslJW of prinqpal and agent, or of Partnerib.i!?, ~f.,6f j6int .f cntµr,~;,'.~~ 'qr ad~ as¥1ci~on between)iny of the dwners to this Declarmon .... ,.. ./ / .,/ ...... , f /. / ,. // ;$, \ Governing Law. This Declaration·~;{:h~~bli~6~ J'~··okers hereµndedtuill.~e int~rpreted, construed, and enforced in accor~.Y.4th tji.e law~ ,of the State ofWashirigto1( ·· ..---· ,, ·' ·· ·· ·· ;.,,. ·.,,.,. 26"/. Consent\In any instance in which any owner shall·~·1eqri~ed to consent to o~''approv,; .. ef Ji,y ~,•' with respei;~ to which such consent or approval ls required by any of the provisions of .ibis becfutm11;·.iuch cotlSent or approval or disapproval shall be given in writing. · ,·. ./ / ,.: ..... ,. .. .,.. . ,,,.•'/.:.·/· /,,•' ~\:., !: :· :: 27. ·,,,.,Estoppel Certifica(j,' Each1JWn¢t. ~reby covenants that within a reasonable period after written rJiucst. of ant other~. it will issue to such other owner or to any prospective Mortgagee, o't,purc~ o.f~iih. ow.ner'.i ~&I an estoppel certificate stating: (a) whether the owner to whom the'requist bas b!fen 4\rec,ttc!kno:i#irof.\lllY default under this Declaration and ifthm, are known defau\ts speoifyinifi:hcl"n.atwe thereiof;.(b) whether to its knowledge this Declaration bas been modi1ied.1t, llll!~ncled in'~ way'(and'if it has, then stating the nature thereof); and ( C) whether to !he o~r's kngw!C!ige tjfu ])ec\arati9n as of that date is in full force and effect. ., .. ,,· -"' .,· .. -." · .. .. .... _/' 28. Waiver ofDcftµ!t. No waiver ofanyfijefalut ~y anyiownefsnall ~e implied from any omission by any other owner to take any action in ;i:spectiof ,.t;c;ii d~ult"if sych'deiiiµit. continues or is repeated. No express written waiver of any defaul{sli,~ i(ff'ec( anydtj'liu.it or ... , cover any period of time other than the default and period of time specifi~ in rud\·~ess,:"'"<, walver. One or more written waivers of any default in the performance ofaey tei:m, prov.isioni:lr covenant wntained in this Declaration shall not be deemed to he a waiver of aii.'y' sul:iseq,u'ent ,,f -ll- %016009.0C!IMEO/Wll870.33II02-06-96/cef .:,:,'\ ·' ,,· /\J .f r=,·~··,=· == ··:~.-. 1 . 1 i ;, defalilt in the petformance of the same term, provision or covenant or any other term, provision -~ / 'or oovelian,t contained in this Declaration. The consent or approval by any owner to or of any act .j t orJeqhest'hyai,y other owner requiring consent or approval 5hall ru:,t be deemed to waive or j ;\. r,~n(ier u~s~ the consent to or approval of any subsequent similar acts or requests. The ~ ./"rignts !l(1d ~es~.~ to any owner by this Declaration shall be deemed to be cumulative and : '\, •, .... · • .,·· llO el\ercisjl oflin.yune o'fSllch right~_.O~Jetnedies shall be exclusive of any of the others, or any j .. 6thei' rig\tt or,t&nedy.a,t !av/ or in.,equity)vhich any such owner might otherwise have by virtue of ;! iq6faulfundei"~-Dec:1araiioi'and .the' exe~~ of one such right or remedy by any such owner ·~ shall ni,iJ il)lpl!if s1;th 'f~efs-~mdiri~,t5? !l*erci~·l\!',y other right or remedy. i . . . .. \29\,,· Cil~ntg~parts:':'.+i,;~ ~~J; may he signed in multiple counterparts --~ each of which idu.11.be··i:ieenied iu'i origtruil an/ yrnid{ when signed by all parties, shall constitute a binding agreement. .. · .,. .. ,/•.,<" " 'i " ' _, ····: . .-./ ....... ../ ._;; ..... ,,,-··"·., ... ,... /?';~•:1. . 30. .Ann@ttiQlll'aroil. Jf~te or aiiy.pefSQrt o~,entity controlling, controlled by or affiliated with ~t!!jlte iiqui!'e~iall 11.r,·1111,y p,irt of_tiielAnrexation Parcel" which is delineated on the Site Plan and islegl!)iy c\esotlbecjion EilWbit ~D''-attached hereto by this reference incorporated herein (" Annexatiou'Parcel'~, the AnneiatiClil Pll"eel ~all be auto.matically annexed heril(o,. making the Annexation Parcel':~b1ect'ill. ~-of.the-~ an.d,fl<lnditipllll,pf this DeclaratiQh and bil!')efitted by the easements ap~nan.t·fo the Eastgai~Prbperiy. 'nti?rf!!pon, the An~o!l P~I shall be deemed to be an "Outparc~i, fqi'p1:1rposes'Ofthis)iJep1ar¥1on and shllll ~·'part pft~e S~opping Cente,. ·· ··/· ··· "" . ... ;; / // '.11. } Deynnexed Parcel I±; es part ofEastgote;k,l\cquj:litio.,{ofthe Annexation Paree!, &istgate con'veys.tit\13 to the "Comer Parcel' labeled as such'aiiif sh¢wri on.the Site Plan. ~ thl(:w:i1er J>;frcel shall b~ ,wtomatically deannexed from this Declafililori and° shall no longer lie·$µb.iect'to tbe·tefrns Qfthis Declaration and shall no longer benefit from an\r-11ilsements herein grantild, all sµdi f.tsem.'~ti'beirig «;Plliriated upon Eastgate's acquisition of the Annexation Parcel .,.,.,,.. i / /' i' .... / ·-·,-..,. "\,........ -· ·::, ..... ~;. 'QUITGl,AJJ\f . . '·· 32. Ouitclaj,!Jl of P~ E~m#'ts._;.T~"H~meBase Property Owner and the Eastgate Property Owner hereby,iu.;l<li'owledge and''agree tliat theparking area within their respective property shall be sufficient to $ervice. all patk.ing needs oftjle improvements within tlwir respective property and that they intend d,at 11_11 par~/"!!' ~~ts wliiitsrieycr over either the HomeBase Property or the Eastgate Property .$'balliexist. 1o ~ 9ut __ tltat intention HomeBallC hereby quitclaims to Eastga1e those certain parking ~IJ'l~n15c'6v~ th~Fa,#fll!rei'roperty which were created in Article 4, Section 4.1 entitled 'Granfi;(Easi::tnents' for tl;ie,parking o(JI10tor vehicles in that urtain Reciprocal Easement Agreemeni wi\h Ce'ven1mts/<,fonditi6il,s aiitl .'' . Restrictions recorded June 30, 1992 as Instrument No. 9206102792 (''.JWA ");l'an,d.''E,#g,Bte ).-. hereby quitclaims to HomeBase those certain parking easements ov~,~ Ho~epas~,f>i:operty which were created in Article 4, Section 4. l entitled "Grant ofEasement&" asfefat~ (I) e~ts for the parking of motor vehicles in the REA This quitclaim shall not aff&tJhe ,9th~ ea$~meiit grants cootained in Article 4 of the REA The parties agree that if separate quttclai/il de~ds #e .. .. .•' -12· 96016009.0Cl/MEOIWS870.Jll/02-Q6..96/c,f / ' , ·" ,,, ..... ,,,,.,.. ~i\~uiri~ to legally effectuate the c<:>nveyance described in this Paragraph 32, they will so execute ;. 5uch,'sepal"ll}e quitclaim deeds to carry out the purpose described above. , :fa. Related Agreement. Substantially concuriently herewith, Eastgate and .. -fiomeB,ase have executed and recorded a First Amendment to Reciprocal EaselllMt Agreement which.amends a Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ;ia1e,;1· Jun,i'JO/l'.i92, ~rdtd in tbe Otl:ii,ial Records of King County, Washington, under Fee No;'920530Z71)2 (8,U'iii'jigre/hn¢tt''ari~.11;Jliendment being h«ein referred to as "REA") The parties !ien;to ~ckt#>w)t!llge;thfit so~.proyisionsjn this Declaration conflict with or are · inconsistelit v.!jth t11!l.RE1\im11/some p~j\'litsio~~. !frfl.'!llQre b1.irdeilsome th!ln similar provisions in the REA. The,ii_arties h~eto.igr',i''f¥t althw.sb t)ie JIBA lll in force and effect, those provisions in this ~on,wbich !ll't incdnsistint witj!'.; pq,riflfct with or are more burdensome to a party than provisions in the RE,,( (in91tiding'. wi~f \itnitation, Paragraph 7 and Paragraph 9) shall supersede, control and pteyai,f'over,iny 9to~ol)fi of~e.~ addre~ the same subject matter. " · ·' ·' ,., · t · ·\. ,r /If Ill /fl .,,/ .,,/" ,,,•·',, .r ,, _,,,,•"\1, ..•. , .. } . / ···\-, .. ,,,,, .. ,·· %016009.0C IIMEO/W\!870-331/02.0&.96/cef . ,~ . '·-· -. ,.,,_. .-.//" ,, ,' ',,,,,,.,,.•' ./ , ...... ,~~,,., .. ·•·./ ./,,.~··· .... '}.,-····· .,· ._J·_,,, ........ . .. ,• .. ,,... ./ "·1-,l·----~ ./ .,· ..1' -13- L-,f'OO :·. '--:"~·,, • -~ ',-.•>.: .. ,:.•., ;, '•:, 'o: .,-:: :: ...... 00,1-.a,._,-<.Uo<A-,.,.. - . lN WITNESS WHEREOF, the under . d have executed this Declaration as of theidat'e first set forth above. 'lF,ASTdATE;' ' ,,,,/ .: •: Oregon cor ,. ,,,• ·., ,,., ........ , .. \ ·,i: "HOMEBASE" "··· .~/ ) , _)'~C\VAREALTY CORP., a Washington -" -" coqi'oration ,,,,, ... 960 1600 9. OC I IMEO/W8870-331 /02--06--961cef ·""·•-,. By: __ -"",.-c-,f----,."""-'-+-___.---,,~,-.......-- Name· -~---+---"""'"'""---,~;-....,..---- Title~·---'--,,.....-.,,,,.---,'--,"---_,._ ___ _ -H- ,, .. /\:/ ./ ·' :. p . , .·, ,:: ( ·-~ , " . . IN WITNESS WHEREOF, the undersigned have executed this Declaration as of / the}latl,··fii;st set forth above . ./ . { ,,..,,,·· .•..• , ... ,. ,,,,··· ... ,.,,,. EASTGATE THEATRE, INC., an Oregon corporation _.,t~;..:-" / By: _______________ _ ~ ;l'''.:,l - / /! .f { '\!:" ,.,·······"""'\1.'f.ame.~· ------------- '·; .• f . ,. ,;-.i•i . i T,itl~ .. : ,{ . ,. ;• ,,,. ... .., .i _c-,, ------------ ·~. .,·"'r •.• //··-~:.-/ .. /. •:~ ~· r "HOMEBASE"·.,, ....... ; ... . ,l .,· .,· . ,,,·· ·>·,0i •• ,.,.,.. ... -' .~~·,,····:· . •·,, ... .,--··"•·., ,, -~-,· .... , ._ 96016009.0C1/MEDIWll870•3ll/OM6-%/oof r lde11t ··,, . . t,···' ,,•·'""'".-. ·::, ... :.'\. -14· .£:oMf..,roNWEALTH OF MASSACHUSETTS LAURIE E. RILEY. Nctar1 Pt.>blic My Commission Expires Da;omber 30, 19'39 COMMONWEAL rt-I O.E.,MASSACHUSETTS ,·' ~-:· : ,,... . ·· .. ) ) ) ,,;' '''"······' ) ) ) No~;~~: ~d::f~srif~~~e~~~~ly ~:;e me, A£:i· kj~-1;:z~ly known to me (or prB'ved·f~ uie 0~ the b~!ll~ of satlsfactQry evidence) to be the p:mon whose name is subscribed to the within insttu• and acknoMe<lgedJo me that he/she executed the same in his/her authoriled capacity, al\CI, that b;Y'hii!i1lefsiglljtur~·on.ti\eJnstrument, the person, or the entity upon beh.alfofwhich thej,emob a11ted, ~x~.iite11ithein~~ ,·······~~ · ,. :·._ . :r ._.!'-/,i(-,;::~··:~-::····4.-~:i.J ... WITNESS my hand and oJliciaj.seal.· 0 . , .• Cf., ., ·. ; OOffiE E. ruLEY. Nowv Prrcl~ Not~~~~-'for~~l~~( \: ~~<:, .. ):.~ My Commission Expi1es o~~moor 30, 1999 ' ·· · · · ,:~t~/';·J::,;:;::r '<" -15- 96016009.0Cl/MEO/WS&i0-33\/02-06-96/cef .. }'•~--11 ft_"1-JUt.'·'1' ·:, "\/ ./ ~RNIP' ·:. ,i""" .. ,;' ,/' .f .f·.,./ z;;.: ....... ' ------------ ·:i:,.. .,,,- '·•,,,,,,.~,·''''. ,-;: .. / ... :zf~-F-/"'-;; -'-----i~ ss. . ,.( .{ .,,, .. ~·" ,_, • ....... ,co, • ,, . './ "? .r .f . f .• . __ ·\ . .,_, •. -·i" q-J{ ,,.-·/··· _, before me, a N6lfl!Y Public )ii i¢d f\'>t"siiid s(ate, personally appeared ·•,,1 personally knov.in.t11,.me''Cor:'i-1ro;>i'ed t.o m,~ oq.the,b4sis of satisfllctocy evidence) to be the person whose name is subS(:rihed to ~e ""(it\)ih ~ent arnhicknowledged to me that he/she executed the same in his/her authorizcil capacity.---fu;id tb/i!by hi,i(he~,ajgnature on the instrument, the person, or the entity upon behalfo{wl)ieh the pJirsoti'a~M,'executed the instrument. WI~~s m~ mkt··~ ofii~{~~/; ".":. ,Ii .r •;:.,, •' . ,, .. ;.•:,,········.··:. ~tary Pt>blic _in apd ~tsaid S~~- -.·: .. ,.. • • .-·~: } .:· _;. ····;, :1-· '"•::. -· .,./ ,. '·•h:,,-,•· ,. ·16· %016009.0C l/MFXJ/WB870-33 l/02--06-96/cef . ./ '\:t· ·' ' ·;::.._.) .,/' ., ' J ·, ···-· ··-·-~-::-..... -··· ~~2., : ... EXHIBIT "A" LEGAL DESCRIPTION OF HOMEBASE PROPERTY .... ~ J. ot.c~m¢u~;H6~ BlllDING SITE J?LAN (Bs1>-ou-n), PER MAP EECOIU)l!II nr Vot,UME /1.61 (ft' PX,A'M,,. l:'A<.2$ 8 '.l'BROUGH 11 INCLUSIVE, UNDER ~:n(G J!/0./9:!~Gil)2696),.J~ECOR?tt,.<;>F KIN.G C:0,~, .· WASHDfGTON;· • .. ;. ':\ ·: .. ,,,,,.'."' ,i':" :.:" ·' .t ./ •)," ~-·"1/ / ··,\· TOGETHER\WITH ';i:HA\IV~ON OF, to¢' l OF SAID BINDDl'G Sl.'l'E PLAN, LYING NORTH OF ·'·A, LD:f.E, !lES(llW!$I) AS/E'Q!il.Oi!S, BEGINNING~;·~ J'btlflO?.l:/~t·"·y LINE OF LOT 3 'l'HA'l' IS 23,80 FEET SOUTH OF THE HOR'rliEAST/ COliNE!i( OF LO'l'"3. OF SAlD l!,INDING SITE PLAN; THENCE HOR'l'B 88 DSilREj!l> Q9 M'IN!l.'i:'l,s'' 51 SE,CONJ:)$' WE,ST A DXS'l'AHCE OF 875.5:a :FBE'r, MOI'\X OR :t.ESS '1'9' A ,0~ .,o:w 'l'HE WES',rERL'5;. ~NE OF SUD LO~ :, A'ND THE TERMINUS OF mxs DESCttµ"rXON, / SAID ,.FO:fll'I',: Ol-;rir£RMI1roS BEING So. 8 B l"EE'I' 500TB or T.RE ORIGXHAL NllP.'fH!i)!S'l!' CQRNER •. OF ;t,02', 3; (ALSO :&?,{OWN AS (NEW) LOT i'<)~ jm(L:1:NE :;:Jus~"!,!Af RECO!U)ED TJND:ER KING COUNT"f ~iWlNG NO. 951129900~}; ... ···..._. / / { \. f .} SITUA~E n/'<zjtt CITY OF RENTON, 'aowrl <(J; r'~tjG;··;,~iE ~F ~NGTOM • . , ••••• <1 ,,· ./ ,·· .. ·' ·--··' ·:,,,,,,.,. .. , .. ,· 960!6009.0Cl/MEOiWS87()..3ll/02-0o-%/ccf EXHIBIT "A" EXHIBIT "B" LEGAL DESCRIPTION OF EASTGATE PROPERTY ,,•' W.C ·/o~· ~NGT9tl~oJm BINl>!NG Sl:'I'E PLAN (BSP-014-92), Pml. MAP RECOlU)EO i:IN ':VOX.'DN!! lG.:roF .~Ts, PAGES 8 'l'l!R017Glt 11 INCLUSIVE, UNDER ~-p,ccl!l):m,:; ~. $12il)6302'Ei,9 6 /' RECPR!lS OF XING cqUN'l'Y / ,·,· .... / :: (i / / )-' / f"t:/ /' ,/''\,. ' . EXCEPT 'I'liA.T ~RT!ON,,·aF,i' LOT/3'' OF ~D BINDING SITE PLAN, LYING NORTH or A LI!ra•. OESr;:Rllf8D JS. F,PLLOij~: '\,/ · ·:,,.,_ ,/ .:-,} t l t:-.... BEGINNING'"'A'l' ~·· PO.tNT ,ON THB/EASTERLlC LINE OF LO'l' 3 'I'HAT IS 2l, 80 FEET SOO'l'lt OF 'rHE ,,NOll,THEA$T go~ .,OF tOT 3 OF Sl,J:D BINDING SITE PLAN; THENCE NORTH ·s~!'¢9 1 M." .w~ l\,,'0:j:S'l!ANCE OF 8'~52 n:ET, MO!ll! OR LESS TO ~E~:~i'I'~gN ~J~S~~ w~~I~t~~ B~;G ~i1>/88 T~~JE~~s O~F T~~IS ORlGINAL NORTl!WEST ·c~~ or .i!.O'J:'./3 ii'. ;; ./'···\ .. ALSO :KNONW AS (NEW) ~o'll:i.Jbriwf LI;~··\,.15;1J$~,,MAP RECORDED UNDER KINCj/•,qlUN'l"lt !<ECO:RDING NO.'" 9S'c!,129,9·0·.0.S) ;,/ / .,/. ..,,\ ./'··\, .t ··:\'::... -:.-.. ·)· _/· .. r ·-,,,,,,,,,~,..,"·-,,;_._ \,. ,/ .. / SI1lfATE t~ THE CIT¥ OF RENTON;.,,.,COVJ!T)f OP': Kµ<G, .. :'_STl,.TE: O]:/ Wl,ISHINGTON. •' \.. .., ... ,.. ./ ,, .,/· ,, ...•. , .( ./" .,· r·· ,. ... "' ..... ,. .. ·;: •. / ····~·-·····r: ,' t' ~· ,,,, ....... -·· :.'' .. ,,· .. ,;,. ... , ...... /// ·,~''•·,,,-,,.-· .;''.,,····· ...... \. . ' •;. "\···1:r:, •. ,,,:,··''',f ., .. ~,. ":\: /'·:~t § EXHIBIT"B" 96016009.0C!IMEOIW&870-331/02-()6.%/cci '·.::;: ·~.:,: c, 'I ] l~ ' ·~ ".;j ., ) ., <, .;,, ...... ,._, .,.,,,,· '';,,, .. ,,~,.-· 96016009.0C IIMEO/W!l!l70-3J 1/02--06-%/cef EXHIBlT "C'' SITE PLAN ,. .. , ./ ''"·····"' :: ·=···h,/ EXHlBIT"C" .'i ,,, .j' ·:·,:.:! --~---· ···-----· EXHIBIT ''D" LEGAL DESCRIPTION OF ANNEXATION PROPERTY ,,,,--··",,,, J /'' / § / ,,;'/ i··.:::? ,, ""'"• ' i { .: 14t 6 !JtJRL!NGTOJ!ftfQR~, A BINDING SITE PLAN (BSP-014-92), Accordi11~ to\Crt1•of'Renton,Bin~,Site Plan<'lvlapllecorded June 30, 1992 in Volume 161 of .. r ,. r •':i • •. ,• ,· Plats, Pages 8•,! 1 inclui,lve, ;As J<ing(;ounty']lecorlifug No. 9206302696. '''•:,,,,.,,,.,.,·'' ,• i~ ;, ,j" .,·,:. •,. ,,,,-~--···,:,.,;. ,,,·-·:~-- ,,, .. , .. -,. ,,,..,,. 96016009.0Cl/MEO/W8810-331/02-IJ6.96lcef ,,,,·'"'• ,, EXHIBIT "D' ,,, • .,,'l'i,..',' ,,· .:' l' .. --~-' •' ,, ·:. , ...... . :•·· ,.-,·"'"'·•·,. -~--.... ~- •:,:,,,,~,,-''''''''" / _.,,. '\/ . ~·-_., .. '':. -~~~: .. ,, / :./! ........ ,"-· ....... _.;,~·:.•. >-.. .. IC ... .. ... .. ... lO "' ,-..... -~-la.a' ,-,..,:· "' _-.;· , __ _ I . /// / '/ /;,,;.; /// / / / ·, } S60ZOB139S E 118T VA L 1...!·;··-.11 Q H W'A1' '\·,... ., -·-·-.,.,.,.,.~=· "<•,.__ --.·..,~~ .,.,.-...... ~"' '" -.. ... ~/,,,c. .' <. ··~·:-'··-,.. .· ~ '•,,_ }-:.~ ·1 ,-.,,.,, i%:_,.-i >'····-.·.,.,.. .~ ' '·:,-LEGf:NO '(.j,,·~',9t't1Q~EJ¥,SE PARCEL _ij_ ~---,T.HEA"l'RE PARCEL . <F·~_.,.ll2Sil __ -__ ouTPARcELs (INCLUDES coRNER . ·• 1',_ ) OUTI"ARCEL A/110 OTHER ,i·t·'0 ·"-,>-OUTPARCELS) ·11111 CORNER OUTPARCEL 1111!1 ANNEXATION PARCEL (ONCE ANNEXED IS DEEMED AN :::1"'-. OUTPARCEL PER PARAGRAPH ;,.,,..._ .;.. 31 OF CC&R'S) :. EXHIBIT •c• -PAGE 1 OF J DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS SEcnON 30, TWP. 2J t~ .. ft 5 £.. WM, CITY Of R£NTON, \1/ASHINGTON [HOA] Horto11 D•nnla ~-Aa.aoolates, Inc. Conl\l~l'tG £11jiJi,--. ;,i,;i,.....,, OM ~~ •1--....:i, -1-l'tlll di• ~1J -OJl"li: IJ'U/M HOA JOO NO. a566.10 ""'' ~-···tlllr PA'l'I: f~ ~-~~~~"/.SHEET~ OF, J ' I~ ,_, ., i .. "' I I; ~I ! ! .. . ... .. "). ·'·""·~ :<-·:...,/· ~·· -.. ,~,· "J <t.·,./"···--~ >. ''"'" ......... '··~, .. ,;;~ , I /// // ... / //,"/ J ;// .. ,/"' .. , 00020S~,398 /// -~.-. -- •·.,,,. .. ', .. -,j. -... , __ ,,.__ •. -,. ·.• -·~---.. . .. ~ ... . . . . :,, --------------:r .......... , l'.. _._,.-'':1.,_- + • • • • • -~'--:I. •••••••••••••••• IIVlwort,~-111.t:r ~ -'1lill"Ol(l:·fo:J.l0' ................. ~. ~.., ......... . : : : : : : : : : : : : : : : : : : : : : {:::: ~~' t:~·::~:-1~2:-~:·::i)::::: \: '.: i: '.:;:: :' ·" <.,,,_-~·-, •.•.•• ,, :·~···,. e.OT ;•·-..L\!IOIIIT ··:."' VA i.:{ I! y''l'l·lGMW-·Ay ., "•"<.,_ ····."·-·-.~ .... , •• ~~- i "'· I -· ··'-o. --~. ·-,'"<-·~, ,-.... , ...... ,.,.,..,·-· - .._ ·.-,~~ .. :i······:·.,;"'. ,~,--.,, .. ,.,. 'L.,~ '\ .. _ .; f::;~-/'t. --:: . "',·J ' '··-.... "LEGEND ':·:t-i) uL, MAIN AccEss DRIVEWAY --' _.-•-,.i'","-~ SERVICE DRIVE / ,,_,_;)" lll!llll SIGN EASEMENT AREA l!IIWM"'! -2111.ar EXHIBIT "c' -PAGE 2 OF 3 DECLARATION OF C0.0.At_JTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS SECTION JO, T'M'. 2J N., R. 5 E.. WM. ClTY Of' l!EIITON. WASHINGTON I [BOA] Horton Denni" & Aaaoclateo, inc I --""' "'"'' HOA JOB NO. 9566. 10 I -· :51.,.1,&£ 1"-11;111' I n / IW!t. I 11•1ii -., .. ~~~=tr«J SHEET: 2 Of', 3 I ~ ... ~,,_ ,:::::::.~·:··,,.. .f'T· ,)-!."-~,·;,: ·.o ,.t 96020R139'f ' ~ 6 • • • + ' IIOl'M'Ol"t .i:•·1u.lU' J HOIWllrl -ll$.l.MI' I•::! : '. i ~; ! ! ~:; 1 j 1 \::: ( :{: ! : ! :~ ::: '.~::/(:.it: i·: ~~;\::: \ ~: \: \ ~ \ \ ~:;: (: I :. 1r--~ , D ... I .. .. ~ .. !O .. ' ( ,. . '\ i;_AsT VA~_!'er'·tt1..,i'ti'if·A-Y. -:. __ MA»'MIN fllalf; ~ SQ/W fQQTAGf' . -. OOll:.DIHG Oflf..,11£A'M£ ---M.8H SQ. FT., IF BUILDIHC USE JS •.· .: i· • .t ()IAHl;Etl TO IIETAl. USE. 92,,00Q SQ. Ft ·•·.-,,. -. '-.l!llHI.DI$ ON HOMEBASE f,t,RCEl._111.8'40 SQ. FT. iilJl~)-·D" ,w!PNlCEL'l---e.000 SQ..,-[.t.Oi ., , . . ([Ha.(JDING ANNEXA 1ION .,., ····,·.,f..~ F·:AH~~} ·--.,.,·.· ,_:.·,_-/ ·.,.., ~,..,(" -~-: - f·· · .... ,,,./. ~, •... '} ,,f::::·: .. / •··· .. , I _I; ::{, 5 "'"t:EGEND ' ~ '•· ;1:'{..J1, __ ··rh -·,·~-·~~ BUILDING ENVELOPE ···~. .,.,,/ .. ~-~· O<HJBIT "C" -PAGE 3 OF 3 DECLARATION OF COVENANTS, CONDlllONS AND RESTRICTIONS AND GRANT OF EASEMENTS SECTION JO, TWP. 2l N., R. 5 E •• WM. Cl1Y OF RENTON, WA~INGTCN [HOA] Horton Dannis & A1sociatllt81 lnc. C.'111111\IIIQ tn,i,,...,,, ~ ..... Qnd ,:t,,o<1,oyon: JI-. "11':!'HI-e:.i -:is1:!i ..,._ 11.111£: 11'.l/M i HDA JOB NO. ~566.10 IJIU,'lll", I SCA~ 1" ~ IOCI' ·}'··,, ..• ,. 2· H 11£"1EMlli 1 •r ( .iPN-/ 11ur: I~ 1.0.11. j ~1'= ~Wll'IJ SHEET: 3 OF: J I • l)~t.• tAfflit.h Totfl•~ •• hor 1oi1 ,na ••P ppty Ma eitt.f_ t,Q J, Q. iA~o.r1on and Vaneci& M iaa•iiaon hwt ~ , l_}j .. ; ,. w / ._ __ An \llltl~vta,~ l/l.8. 1nt .tn ~Qa tot~• tal <\<110 r•,t -';vt ~t If.!. r. ~t tho Nit at t.hft NWt Qf Iii."...... 83-5 • awM(,~tiw; 5¥ @I •h• Pr.i..1cy at lUwy, ~· 1\JOIP'l' ca ~,., '*"'. qf'. •~P\.J'lb.·rlfl. a,, e•v~.~nd •~Ql~t '*•.~ta. re1triAt.iA~• HA .r.• • ... ""'.· t.lqn1 of read, . tnd r•o•i,vtng unto tho rP ~h• IAI • ~,ta!n 50f ot a. au11 •nd all rQy1ltt•• wah iqay ~, . . .. I Vt4 fJ'QIII all 01 l prod on or t rofl\ ,u, 1•• pp t.y .• iua,J Tg 1955 RE Taxes, and Oratn~ie llli Diat 7~ #1 lt.Q mt Q_~~i1 1 ao, M1otl1*'~n. Feb l l-5!. bf tho. tp, b~f (Qfu• , MJl, ·np for ad oo ~nd at., re1~.<1.in$ at M,u·-i on, n1 ---- Ii lfl 8'1'20 183398 chk' . ,_·, .. \< ... ·1-~{·-it, .. ~-:~: .· :r:--~-\(_ .... I . ·11: ,, . la9'1 1; II 10.00 ov, ' l"toilpd 1i11oa' 0P"9tl X.aWt"Y., wno alaa appears ot lt'tO!!cd a, Oo?•a l,AWIJ.!'f f ,a tltl' !iU>lt and eopat'ate propet-ty c111d ttat14t111 tP J, Q, Addorsop &nd V&neot• M, Adderaon, hwr QJ. w ~R vrt,i. ,1.doa. l/la inter~st 1n and to the t'ollOlf clOIQ ,tit pr~pttrty: :~ ffi1t 1tn,tten of the ME! ot thi, tnf,i pt ~•o 31 -13 -§ 1w111 lJlfll Wlf f>t ~hei Primary Statit Hi&1hw•1 tfo 5f axcttpt 0QlH\~f ft ·-4 fit "&ti IMOUatbr•nots save llnd QX.Of111pt, IIUlfattlnta, NtttJ'l,Q1iiPPI' 1114 ro,.pvtti .. pns ot record, and re1,1rvtns nntP &;l'tntoi, thee i!1&l.\1'i tP rtta1n 501 or any and al 1 rnya1t1.,a which lllilY bt cltilvtt-1 from all 011 produc0d on c,r fro• ad raal pro~rty 8ua.T ·,o l 955 r11 taxt."t, an<l ttra 1nag1 .oiatt'iot IP 1. to, ·u·.· P. lJ .0,10. Sta .. te of Ml oh tgan co of JQgha"1 Feb 14/5!5 b t · httore Nerrlll L. Stark NP· t•tU!14ing at N!Qh111tn • . f)l~tlil April 7 -1958 · It ., fld patio 183398 ] . ··~:,/ ... . . It, ' • \. · ......... ,. ·~ Mir. '1 .,. 55 l9'1'b .· .·. Ii "' B§ t 10. oo ovc t J ''* pd l6710l) 4547628 a.ao trftx • ~.oo atz -.i.:i.c111 l•P'Wl'Y .Dine. who also ap.,_ara or rtoord «\rt M11~• tpwtn tlln•• aa he~ isote r.nd llltlf""r1te p:ropeirty •nti t12J,Jt• $!) J, o, Ad.t1r1on and vanei:1a M, ~<ldoraon, hwt i~. lf J.~1,urs.a,d 1/12 int 1n and to tn, follow d,a\) rel\'.$. .· :j\l\ .Jl°IJJ~.\.~q of tt\t flt of tht N'Wt Qt' •cso 31 -23 -§ ,wm i@al • Wf, Cit th• Pl'intary State t!1ghway No 5, exc opuntJ · ·· 1rpt filf 1no\.llllPl't$noes aave 3,nd e.xo eaa!'l~nt~~ ,.,,,,iett'1nll' '@f'ld raa.,1•vat' 1tina of r' •oord! and i-,a,u:•vtna U\it~P. ~90 1Vf.\n1ior the right to rJtain 50" ot an:v and !$il iH~ltf ftftwt ·1ft\fQh may be derived rro111 all ol1 produoe1d ~,r RP t-itpm sd real p:rop,rty l~llJ ,, 1955 real cst1te taxea and drainage D1etr1at no i ~-. · _ . aig ok exc Stat, pf Miahisan co or InshBIJJ Iii··, .. · J··'.. . . ~Y fp betortt Merrill Stark Nf res!dina-. ,.t ti.!(~ rt~ April 7 -,s p f!f;\J,).f.@i t83398 ot .:,/?_.,,,-.,~ . 'l :1,',;f}'>'i? '\.<:,,. -.\-_•.-..:. ·1· ' ,_ .~,, •. .' . I ·~.~ 1 "' 55 Ovo ,._ ''"' 55 $ 10.00 't,, ~ 167700) Klrll!t!l ,J. K1ng~ry, as her aole ~nc\ ist1risr1te property ,.n'1 f3t~~--''"' . · ·· t@ ·· J. Q~ ~diieraon and Vl\n•Qi.~ ~. ~l.1dt1r.aon1, hwt ''" tn i.na.ivia,d 1/6 1ntereat 1n •nd tp tho r·o11ow d"ao r.•11.rric;tf!ri pf tne NEi af ~At ""1i pf a1tx aeo 3lt ~ 23 ~ i't tlla' iy1n. g Wtv or tl'4• Pt!t111•r1 St41,te lftahw4J fff.l 6~ fJA ft"n,r rcad~, i ' :( 86E:[8t# tt tJDI. ·'t·, It:. _ itti tAti twi t . ,,-. !l•ttt ••ttuT•.ta st:tl'~l , 1ei _ "1 8tur i,tett,_o~-d lie, tt• JS l'IJ~IJ;" ... eq ,. __ qtil tu-. 'i"·_1i,i_,1 ·, '·-~. . &SUI titi JC d~ Utt 1.a b~ 1Uft.t di o~tttt 1 1i1.t: _ ;111.'i Jd UAIJ t,l,ll IUill' 'it•s dt• ~u -tltl. U j t _- . ·_r, . . "f,, . ·,p.1 . .t4ttttu1 oi• ·~ ·01 ttlltlltf-!$!!1 a, lb jtA tul!A.,f f 11~illi&t•f'' oi 0 ,,If uf" 1W'1'1 fllMI ' " ' . JMtf •uotJ•i,t•• fi itoifJI.A pttt Uo,4if!fJ~t lli.< jij i4t\ii ~, Jet tt.ttitDit! Ii ptit At&:,~' ;:ll-lufftl ".itl ,.-• ,· ' -_. i.' . ·-.-·--__ ' .. ··:-···<:;'--. ~. -, :, _ . ,wti.ffl ,tliLtt ,tt t, J II ,i Ail: -ti __ -_, !-._• ____ --. -, .. _.•.I• ttt__ t,.ii,_ttt M_t* ___ oAto ___ if ott __ -, ___ _.,_--_, ____ -_•, ___ • __ tt: _______ -_-.11_._-,'u ____ - ~,;:Z:·~i' • m Z ,,. m t Ti I ii .. 1'1-1, ii.· l.:il ·'I·: ··, ·' , • 17? I ill~-.~-::~,;~~.ii4£~~&;,;s;·, titldtlft (O,tOlt \too ue pd X\} '.5lli ·-,I, "'4 SIM '4 ----.7~rf~r.r-;~-0~?,,w~~- H 1wd,'M ;~-;t. ll!N SM tt~a.t•s 111 lle.t ttotN .1!1.J dU d!•'fff · 1ft :•«t u1.o, tt~tUIS 1r,tt11..tota A'q g;;-t,t qof ·t~tnt e.ttto,.g&1¥1 %£ t ·oi ~•ttt •t•ttt9Jtt pu• ·~~ ~-·141·1st 0\ ij·''-· tte d , .ti u~ .,,,u,NJd tta tt• *'JS ptAt.t.t" oq «• ~OM ••t•t• ''* .f tt ,u., tf.lt Jd ,og Utt\fli t;t. ~ttftJ dJ O~titt ttttA.tlliii.fflli .,,~.,,e Mtult.i ittUt tlt\lJ t 1itttlt ot; pue eAtttt iiobtii-itUIQI jO ltif , .. . . ihtl l4Ut\bO ot• is; · crt. t11dti .. tllll ,JMIIU ;, Atlt luttt ru, ;-sra .. tt oor Jo tMJt Ii fb .;1 u,1 · ,q I do.id tJ ~til~t, ltJ 0~ \)Ut Ut ~Ut gt/t At,\,t.tt\ u~ l • ti . Ja.tt 'ti~t.tctpL,' -I ff6MIIA t,ttw U6t.tit~Y tl I ii ,,, ttut da.td \.tit f\tt ottit Jwtt •• •tmcit tt4ttlil tifliilti . ,.oi• ·tt 1,.tt o.;~l• . ••• , ·ot• .. d1~•,.·:, .. ,1• IC94Qff It ttcl, gt fdt\) 11•:i ill · 1., '. -· . '. ,, . k •. '• . ·. • . . ·. , L ,,rc.~1iv···.··.'·i~-'1.1··.ij:'j·;. fi.··,·M.' fl. ~, ·-;·...,,, . ,, ,,~,,.,;, . .-,«"''""-••;Milt .1111mi:~1M 41111 (~ RESTRICTIVE COVENAN !!-US INflENTURE entered into betueen GLACIER PARK C9MPANY, a Mlf\nesota corporation, hereina'ter cal led '!CJ,,jner", and Brad CUrtninghi:1111, an individual, hereillafter called "Pur"chJser~, WITNESSETll: WHEREAS, Owner presently owns l:ots ·4 and 6, Block 2r Burlington Northern Orillia Industrial ,~ark of Renton Division l, accol'ding to plat recorded urider Auditor's No. 7809250902, dng CO.unty, Washington; artd WHEREAS, Pt1tchaser desires to expand a building on Lot s· ·of-said Block 2, and the parties, as a result thereJf, desire to establish setb-a'ck reqih'einents .with reSpect 'to future building o_r builctirfgs to be constructed on ·said--lots 4,·'i, and·6, Block 2, of said recorded plat; NOW, rflERE'FO~E. for good and valuable consideration, the parties a9T'ee as· follows: 1. No 'buil'din9 or"strut"tlire 'shall .be const~ucted o~ ·m~fota·iJled oh the sduth 24 feet of lot 6, dnd the west 39 feet of Lot 4, Block 2, of·-sa"id recorded plat. 2. No btiilding or stru.cture shii11 be cb!'IStructed or mai·nta1ited ori' the east 21 feet of, tot 5, · Block 2, of said rec·orded ·Plat. 3. Tii'is .c19reeme·nt shal 1 be Mi,d'flfg Ul)'ori 'the heirs. sut:cesS6rs ·and assigris of the parties. Terniiilation of these covenants··or ·any chifl'lges· in s·ame 1n~st be apP.roved by the Cfty of Renton. DATED this 22:na day of --~/\~p~r~i"l~ ___ _ , 1981. Oi/NER GLAC !ER PARK Cl»IPANY PURCHAtER . BRAD CONNINGHAM By:_Bul~J~ rl:J c,,-,-· I Ji • J ! L: I j I STATE OF ~\NNESOTA ;s. County of R.a11\sey On th1s. 22nd day of April , 1981, before lile personal_ly appear~[--Sen-1d¥ _ and B,-J, Morin , to 1:1c known _to _be Vice President and · Assi~tant . Secretary, respectively of ·GLACIER PARK COMPANY, tl:le corporat-iori t"at ex.ecuted·the ~ithin and foregoir\g instrument, arid acknowledged the said ln.strument to be the free ilnd voluntary act and.deed of said.corporation for the uses snd purposes tner,ein mentioned~ and on o_ath staterl that the)' were authorized t~ ·exec~te said 1nstru111ent. .. _ .. ,_ .. 1N WlTNE.'SS WHEREOF, I-have hereunto Set·my hand_and ·affixed my official seal the day and year first above 'wr1tte·n. . STAT[ Of W~SHiN.~TON ) M.y commission ex,:.ires NOV§Fbll!!r l"i r -1985 . ss COUNTY OF tJt.Jg ) . On this day per_sonal ly appeared belo«me br?A;f';_UJ..(V!,//)l}(;z_ff4!-1 to.111: t~.-·~n ~~·.be_~,he,..i_ndJVi~ual -·-·.,,-..:.-_ deS_~.(ibed_·.1.n ao/~ho·ei<. ec·uteC(the w1thrn ~nd,fo'feQ01hg mstrument, and act,a-,owle~ged that. fJ.b. .. ~.-. ." ,_, stgned the same as.~ -L..f, * ' free and volUc1tary act ·and deed for· the uses and purposes t~in mentioned. apJPEN und.er my hand .. ~~r'.,~eal this _:29£/i._ day of ti '/ .,; r,- -· r,f;_~;HJL;~ /&!!au, tlotary ·_ bl i~. in ·arid for the Sta.t.:•sf,t.z!l"j··~"~· ,~· ~r=•=s=ld:i=·•=g~ at_ nL t . ...-ait: ·.:."'.\"'J • ,,, ,.: "· ~) I r ' ' \ WHEN RECORDED RETURN TO: FOSTER PEPPER & SHEFELMAN 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 Attention: Michael Kuntz 0 • RELEASE OF PLAT RESTRXCTXON - ~e,-w THIS RELEASE OF PLAT RESTRICTION .i.s tnade this ,,.. day of June, 1992, by GLACIER PARK COMPP.NY, a Oel;;i-ware corporation ( 11 Glacier Park") and BURLINGTON NORTHERN RAILROAD PROPERTIES, INC. ' a Delaware corporation ("Burlington Northern"). Recitals 1. Pursuant to the plat of Burlington Northern Orillia Industrial Park of Renton, Division I, recorded in Volume 108 of Plats, on pages 12 and 13, records of King county, Washington (the "Plat"), Glacier Park reserved for itself and its successors and assigns the following plat restriction (the 11 Plat Restriction"): Glacier Park Company hereby rese1·ves unto itself, its successors and assigns, the right to construct, maintain, use, operate, relocate, reconstruct and renew such trackage and other facilities of Glacier Park Company, its successor and assigns, as it may at any time and from time to time desire within the said premises, and the rights herein reserved shall be and remain superior to the rights of any and all others in said lands, including but not limited to, utility companies and/or their designees, who may hereafter occupy said premises or which may extend its or their facilities, over, under, across or through the same. If such facilities of others occupying said premises require encasement or any other protection by reason of the existence and operation of any such trackage or other facilities of Glacier Park Company, its successors and assigns, such protection shall be provided pursuant to specifications of Glacier Park Company, its successor and assigns, and the work will be done by said any and all others at its or their sole cost, liability and expense. 2. Glacier Park and Burlington Northern are selling the property (1tProperty 11 ) more particularly described on Exhibit A attached hereto, which Property is within the Plat and thus subject to the Plat Restriction; 3. As a condition to th~ sale of the Property, Glacier Park and Burlington Northern have agreed to release the Plat Restriction as it applies to the Property; oomw.02 -1- FIi.En FOR TlECORD AT TlEQl'EST OF TMNSAMERJCA TITI.E INSCR \NCI' CO. 3.ZO 108th A\"t'. i\'t~ ,~ o. l:o~: 1.:-:n Bdk~·uc, \\A ~oou~ ~I I • 1- r ' • "' ,- :;- ~--- e 0 • - NOW THEREFORE, Glacier Park and Burlington Northern hereby forever release and relinquish all of their right, title and interest in and to the Plat Restriction to the extent the Plat Restriction affectG or encumbers the Property (provided nothin9 herein shall affect the Plat Restriction as it applies to other property within the Plat). In connection with this release, Glacier Park and Burlington Northern represent and warrant to the p1Jrchaser of the Property that they have not transferred or assigned the benefit of the Plat Restriction to any other person or entity. DATED as of the day and year first above written. GLACIER PAR!< COMPANY, a Delaware corporation BURLINGTON NORTHERN RAILROAD PROPERTIES, INC., a Delaware corporation STATE OF WASHINGTON COUNTY OF~, ss. ~ I certi~ t~t I know or have satisfactory evidence that 6....£"".':1::t"",1<...I L ~:r::c o/ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was au~orized to execute the instrurnent and acknowledged it as theJ-4;,-{!:J,4 ,'l,J1 /of GLACIER PARK COMPANY, a corporation, to be the free and voluntary act of such corporation for the usGs and purposes mentioned in the instrument. 0037'20,Ml . a( .... -Dated this~ day of --'.l<c...<.±:ci'"""e<..._-~==--·---"'-. 1992. -2- .• for the residing My appointment expires ,, L' ;~ il r· i~ = I- ~ :-: " " "' L> ... ,., ~i.: ... f6 "· ,, ~ N ,_ I 0 --' M _, ·, r.:i '" 0 ''.! N ,_ Jl 0 ... w " " '" !:; • -I • - STATE OF WASHINGTON COUN ,'Y OF -t;:;·~y ••• j_/ I certify ~~at I know or have satisfactory evidence that ll.a.6 .,.~~ ,1 c.:_~ r rt I is the person who appeared before me, and ei~ person acknowledged that said person signed this instrument, on oath stated that said pe:rson was au1;.P9rized to execute the instrument and acknowledged it as the)...,L·, o'&Y(:1, d,-JH EURLINGTON NORTHERN RAILROAD PROPERTIES, INC .. , a corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned 1 the inst*rum t. Dated this ~ day of _, «J/ __ , 1992. / otary Public in and for the state oJ Washington, residing at \ ,4(e a «:ta / My a~pointment expires ~U,H.t/ -: '! ; ,' lJ 1,_) r ·,\ I <!' al Ill l),l 0 ,_: t") 2 Ill w 0 s <' N 0 al " "' ;,.,; ,- "· ,, ~· !:; ~ -' ' (." "' ,_ 0 ,- w ::, 0 M ,_ I -'---· -· • • • UIIIDXI' ll IMPEL 1: Tbat portion of Burlington Northern orillia Industrial Perl: of Renton Division l, 11B por plat recorded in Volume 10B of Plata, paga 12 and 13, records of King County, described as follow&: Lota 1, 2, 3, 6 7 and Bin Block 2; TOGE'l'IIER WITH Lot 2 of cl.ty ot Renton Lot Lina Adjustment No. LLA-016-85 recorded under King county Recording No. 8602139001; ANO TOGETHER WITH those portions of railroad right-of-way lying adjacont to Lots l, 2, 3, 4, 7, 8 and 9 in said Block 2; Situate in the City of Renton, County of King, State of Washington. fl\BCEL B: Parcel B or Short Plat No. 378•79, according to the Short Plat recorded under King county Recording No. 7909249001; situate in the City of Renton, county of King, State of Washington. I I' ~ al I I I: 8 ,:: l1i ----!; ! ' . "if • • • DEVELOPMENT PLANNING CITY OF RENT('>J Arft 1 31995 RECEIVED AGREEMENT REGARDING BUil,DING LOCATION This Agreement Regarding Building Location (the 'Agreement') is entered into as of the 13th day ofFcbruary, 1995, by HCWAREALlY CORP., a Washington corporation ("HCWA"). S; A. HCWAowm that certain parcel oflandsituBled in or near the City of Ill Renton (the 'City'), County of King, State of Washington, which parcel is more particularly 0 descnl,ed on E,chibit "A' attached hereto and made a part hereof ("Parcel A'). 0 N ..i "" ~ B. HCWA also owns that corlllin parcel ofland situau:d in or near the City, County of King, State of Washington which parcel is more particular!y described on Exhibit 'B" hereto and made a part hereof ("Parcel B"). Parcel Bis adjacent to Parcel A. C. In connection with HCWA's development of Parcel A, including, without limitntion, the development of a building upon Parcel A (the 'A-Building") immediately adjacent to the northern lot line of Parcel B, the City has required that HCW A, as the owner of Parcel B, agree to certain resttiction., upon the development of Parcel B. In coll.!idoration of the foregoing recitals, HCWA hereby agrees a, follow,: I. Building Location. In the event that HCW A desires to corutrUct a building upon Parcel B (the "B-Building'J or sells, assign., or transfera Parcel B to any buyer ('Buyer"), HCW A shall locate, or shall require Buyer and its successors (m the event they desire al any time to construct the Building) to locate the B-Building either (i) a minimum of sixty feet (60~ from the northm> lot line of Parcel B or (Ii) immedintcly adjacent to the northern lot line of Parcel B. If the B-Building on Parcel B is placed immediately adjacent to the northern lot line of Parcel B, then a setback will be maintained around the entire perimeter of the A-Building and the B-Building in accordance with the applicable building code oflhe City of Renton, County of King. State ofWashington. 9510101W.OCI/RESIW~266/04-1l-9S/jmo ~-; ~-~~: ·,_. '-. · .. · .. -_-)·,:· ._ .··. _··, '.' I • .. I, ,. • • 2. Susrr::om Md Apig The pnwisian. of tho Agreemcat will hmre to the benefit of and will bind HCW A and ita ~ successors and assigns and all other persons or Clllilies which acquito any interest in Puce! A or Puce! B. 3. App)jcable Law. This Asr=ment will be consaued in acc:onlaaco with and enlbrced u proYided under Wasbington law. 4. Ellllilull, Each oftbo Exln1lits attached hereto ill incorporm! heroin by 5. ~. Tho paragraph captions in this Agreement are for convenieooe oaly arul are not a part of and are not iatended to govern, limit or aid in tho inlerpmation ofany provision oftbe Agroemem. I ·2· 9'10101 W.OC IIRESIW8870-266AM-I t-95/jmo • j .. ; • • EXRIBIT'A' Parcel A· Lot 2 afBudinstan Northern, a binding site plan, according to tho City of Renton Binding Site Plan rec:onlod under Kins County Recording No. 9206302696, in Volwru, 161 of Pl.au, Pase.1 8 through l I, Reconb ofKing County. .. ' . . . . • - Parcel B: Lot 3 of Burlington Nonhem, a binding site plan, acconlins IO the City of Renton Binding Sito Plan recorded under Kins County Recording No. 9206302696, in Volume 161 of Plats, Pases 8 thnlugh II, Records of King County. EXHIBIT"B" • I ,:J.11 } ~' ,_.., .. :; {} ;? ' ·.' .J._ -) ..:::, .,.., ,J .o ' :--; RELEASE OF ACCESS DOCUMENT The Grantor, GLACIER PARK COMPANY, a Minnesota corporation, in consider- ation of TEN DOLLARS ($10.00), does hereby release to the STATE OF WASHINGTON, hereinafter called State1 all rights of ingress and egress over, under, across and upon the following described bou;1dary of the premises situated in King County, State of Washington: Being that portion of frontage along the South line of Lot 4, Block 2, Burlington Northern Orillia Industrial Park of Renton Division I, as recorded in Volume 108, Pages 12 and 13, of Plat Records of King County, extending Westerly 300 feet along the South line of said Lot 4 from the intersection of s.w. 41st Street and East Valley Road, as dedicated on said plat and shown indicated in yellow on print hereto attached and made a part hereof. Provided, howevers that in the event that said limitation of access shall at any time cease to be used by the public for highway purposes, or shall by oper- ation of law or otherwise become vacated or abandoned, the Release of Access herein granted shall immediately cease and terminate without notice or other proceedings on the part of Glacier Park Company, and the State, its successors or assigns, shall reconvey immediately said right of ingress and egress over, under, across and upon said property to Glacier Park Company, its successors or assigns. Dated this ~-2_S_t_h~~~day of ACCEPTED AND APPROVED: STATE OF WASHINGTON Department of Highways ~~-M_a_r_c_h~~~~~·' 1980. GLACIER PARK COMPANY By -'-,c.--? . -:;, . , -x_-f.:~-----·""}!· .,. '-~ ...... ~ Attest_,_~_. ~~-·'-·~-~~~~~~-6~"-~-"'r ~\ Asst. Secretary LtU : , . )\ , fl. , , T"·' c ,. ,--,_, 0\,/_ ic ,'-IJ; ,,(.J; ,,. , -' . me I:; ~r ""t. I.ti' ,. ....... "J · r · · ....... ~-t · d.d .. ~;~tu, :q AL,::~. ;;Le ~ re.,):, .... ,.. ...... :r ............ r · ·· .. ~·· -·":V"" , /) ,, . \,~ ._-r' 1-~~ {/ l' , -vi,.·;,' , .. -~·-··!...t~71r~~u_t,;. ,.. ~ .7 :;i,· · ~~~·.,r5,. .... f31ki,¢,..,"'";,!<"S.a,:;;;c;::.,:e•-if ... ~tst.-.£ ·-"'-'"',.·.·,~-"j A:\C.':'.''.::~~~~+(~:~~A:n.: f ~~:,,1i,~t'.~:~~~~~r~~~,~~f:-Jt:1)'.:~f?}_'_"=f:?·.'·:-~:r,.,:-:_.-:~:.: :i; ·-;::~;_·,:.:- V it ,.. I , - (0;,: ~:.·1 • 4 ' &,:;· .,::, .,.. ':( co lO D -:0 0 lO 0 D' co , ·-. G:.)\lT ,:.4 SEC , ,<;f:i l /./;" LDT " :~ .:,.:. ·:1!! "-.: ,)c, ~i ' ·-c ,s ,~. ]": i~ /.,, _; SS'F4,' '6'H ,...,..:>/ ·5,;6t / ___ __.~ /, ;; R:,,o,;I , "• cl' -,.::::::..· ___ J'V __ .c-::_t ·-s 87°51 Ri:.· .. :;-:.":-~u C...: 9,::,.: ;:; 5.r,-· J..., Sf;,' ,:,·g 7 .J SJ,307 ¢t ;[• }, 'i/4 --;"""-- ·~,,.... / /·) ~},,,. ,V :,. ,, :-. :s·-;_ '··· ~ .. _, :;j,},_l~e.-,J.I OR ILL IA IND. ·:.-,,, PARK KlNCi COUN1Y 1 \.JASH. B.N. I. ,'ROPERTY MANAGE ME.NT. -A • When Recorded Return To David M Stewart Latham & Watkins 885 Third Avenue New York, NY 10022 Please print or type ,nformat,on WASHINGTON STATE RECORDER' S COVER SHEET (RCW 65 04) Document T1tle{s) (or transactions contained therein) (all areas applicable to you~'"Z.:t be filled ,n) 1 Deed of Trust 2 l 15'1\'l.'o'6~l{ 3 4 Referenoe Number(s) of Documents assigned or released· n· Add1t1onaJ refere-nce numbers on oaoe no oJ document Grantor(s) (Last name first, then first name and m1t1als) 1 Eastgate Theatre, Inc I Add1t1onal names on oaae no of document Grantee(s) (Last name frrst, tnen first name and in1t1ars) 1 (Trustee) First American Title Insurance Company 2 (Beneficiary) Lehman Commercial Paper Inc. l Add1t1onal names on caoe no of document Legal Oaserlpt,on (Abbreviated 1 e , tot, block. plat or section, township, range} 113, Burlrngton Northern BSP, Rec. 9206302696 Additional lenal on nane no of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 n Assessor's Pronertv Tax Patcel/Account Nurnber not vet ass1nned The Auditor/Recorder will rely on the 1nformat1on provided on the form The staff will not read the document to venfv the accuracv or comr1leteness of the mdexma information nrov1ded herein TABLE OF CONTENTS l DEFINITIONS . l 2. GRANT ...... 3 3 WARRANTIES, REPRESENTATIONS AND COVENANTS. 3 3 I Title to Mortgaged Property and Lien of this fustrument 3 32 First Lien Status 3 33 Payment and Performance 3 34 Replacement of Fixtures and Personalty 4 --3S Mamtenance of Rights of Way, Easements and Licenses 4 CT> en 36 Inspecuon 4 ,-37 Other Covenants 4 = = 38 Condenma!Jon A wards and fusurance Proceeds .. 4 -4 DEFAULT AND FORECLOSURE. 5 <=> 4 1 Remedies s <":> = 42 Separate Sales 6 (',j 43 Remedies Cumula!Jve, Concurrent and Nonexclusive 6 = 44 Release of and Resort to Collateral . 6 c:, ..... 4.5 Waiver of Redempuon, Notice and Marshallmg of Assets 7 46 Discontinuance of Proceedmgs 7 47 Application of Proceeds 7 48 Occupancy After Foreclosure 8 49 Protec!Jve Advances and Disbursements, Costs of Enforcement 8 410 No Mortgagee m Possess10n 8 5. ASSIGNMENT OF RENTS AND LEASES .8 5 1 Assignment . 8 52 No Obligation 9 53 Right to Apply Rents 9 54 No Merger of Estates 9 6 SECURITY AGREEMENT . .. . . . .. .9 6 I Secunty Interest .9 62 Fmancmg Statements 10 63 Fixture F1hng 10 7 CONCERNING THE TRUSTEE. .10 7 1 Certam Rights JO 72 Retention of Money 10 73 Successor Trustees 11 74 Perfection of Appomtment 11 75 Trustee L1ab1hty 11 8 MISCELLANEOUS .. .11 8 1 Notices 11 82 Covenants Runnmg with the Land 12 83 Attomey-m-Fact 12 84 Successors and Assigns 13 ---------·---- --... en -= = ...,., 85 86 87 88 89 8 IO 8 11 8 12 813 8 14 8 15 No Waiver Subrogation Credit Agreement Release Waiver of Stay, Moratorium and Similar Rights Lm11tat10n on Liability Obhgatmns of Granter, Jomt and Several _ GovemmgLaw Headmgs Entrre Agreement Non-Agricultural Purpose Exhibit A. legal descnptlon INDEX OF DEFINED TERMS Beneficiary I Mortgaged Property Covenants 1 Notes Credit Agreement l Obhgat,ons Deed of Trust I Permitted Encumbrances Fixtures I Personalty Grantor I Plans Improvements l Property Agreements Land I Rents Leases 2 Trustee Loan Documents 1 ucc I, 2 I 2 3 2 2 2 2 I 3 13 13 13 13 13 13 .. 14 14 . 14 14 14 --en = = ..... DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING This Deed of Trust, Assignment of Leases and Rents, Secunty Agreement and Fixture Flhng (this "Deed of Trust") 1s executed as of January 29, 2002, by EASTGATE THEATRE, INC, an Oregon corporation ("Grantor''), whose address 1s c/o Regal Cmemas, Inc, 7132 Mike Campbell Dr., Knoxville, TN 37918] to FIRST AMERICAN TITIB INSURANCE COMPANY, Trustee ("Trustee"), whose address is 401 E. Corporate Dnve, Suite 100, Lewisville, Texas 75057, for the benefit of LEHMAN COMMERCIAL PAPER INC , a New York corporation ("Beneficiary") md!vidually and as Admm1strat1ve Agent for the Lenders under the Credit Agreement more fully descnbed below, whose address 1s 745 Seventh Avenue, 8th Floor, New York, NY 10019. DEFINITIONS As used herem, the followmg terms shall have the followmg meanmgs: "Covenants" All of the agreements, covenants, conditions, warranaes, representaaons and other obligations made or undertaken by Grantor or any other person or entity to Beneficiary or others as set forth m the Loan Documents "Loan Documents" The (1) Credit Agreement of even date among Regal Cmemas Corporation and Regal Cmemas, Inc , as borrower; the Several Lenders from time to time party thereto; Lehman Brothers Inc , as sole advisor, sole lead arranger and sole book manager, Lehman Commercial Paper Inc , as adin1mstrat1ve agent; and the other Agents referred to therem (the "Credit Agreement"), (2) the Secunty Documents, the Fee Letter, the Apphcat1ons and the Notes (collectively, the "Notes") each as defined m the Credit Agreement, (3) this Deed of Trust, (4) all other documents now or hereafter executed by Grantor or any other person or entity to evidence or secw-e the payment and performance of the Obhgat1ons and (5) all mod!f1cat1ons, restatements, consohdations, extensions, renewals and replacements of the foregomg. "Mortgaged Property" All (1) the real property descnbed m Exh1b1t A, together with any greater estate therem as hereafter may be acqmred by Grantor (the "Land"), (2) bmldmgs, structures and other improvements, now or at any time situated, placed or constructed upon the Land (the "Improvements"), (3) matenals, supplies, equipment, apparatus and other items of personal property now owned or hereafter acqmred by Grantor and now or hereafter attached to, mstalled m or used m connecaon with any of the Improvements or the Land, and water, gas, electncal, storm and samtary sewer fac1ht1es and all other utthtles whether or not situated m easements (the "Fixtures"), (4) nght, title and mterest of Grantor m and to all goods, accounts, general mtang1bles, mstruments, documents, chattel paper and all other personal property of any kmd or character, mcludmg such items of personal property as defined m the UCC, now owned or hereafter acqmred by Grantor and now or ..... ""' a, .-= = ..... hereafter affixed to, placed upon, used in connect10n with, ansmg from or otherwise related to the Land and Improvements or that may be used in or relatmg to the planmng, development, financmg or operation of the Mortgaged Property, including, without hm1tat1on, furniture, furrushings, equipment, machmery, money, insurance proceeds, accounts, contract nghts, goodwill, chattel paper, documents, property ltcenses and/or franchise agreements, nghts of Grantor under leases of Fixtures or other personal property or eqmpment, inventory, all refundable, returnable or reimbursable fees, deposits or other funds or evidences of credit or indebtedness deposited by or on behalf of Grantor with any governmental authonues, boards, corporauons, providers of ut!hty services, pubhc or pnvate, includmg spec1fically, but without hm11at10n, all refundable, returnable or reimbursable tap fees, utlbty deposits, commitment fees and development costs (the "Personalty"), (5) reserves, escrows or impounds reqmred under the Credit Agreement and all deposit accounts maintamed by Grantor with respect to the Mortgaged Property, (6) plans, spec1ftcauons, shop drawings and other techmcal descnptlons prepared for constructlon, repair or alteratlon of the Improvements, and all amendments and modif1cauons thereof (the "Plans"), (7) of Gtantor' s nght, Utle and mterest m and to all leases, subleases, hcenses, concess10ns, occupancy agreements or other agreements (wntten or oral, now or at any time in effect) which grant a possessory mterest m, or the nght to use, all or any part of the Mortgaged Property, (the "Leases"), together with all related secunty and other deposits, (8) of Grantor's nght, t!tle and mterest m and to all of the rents, revenues, mcome, proceeds, profits, secunty and other types of deposits, and other benefits paid or payable by parties to the Leases other than Granter for usmg, leasmg, hcensmg, possessmg, operatmg from, res1dmg m, sellmg or otherwise enJoymg the Mortgaged Property (the "Rents"), (9) other agreements, such as constructlon contracts, architects' agreements, engmeers' contracts, utJhty contracts, mamtenance agreements, management agreements, service contracts, perrmts, hcenses, certificates and entitlements in any way relatmg to the development, construct10n, use, occupancy, operauon, maintenance, enJoyment, acqulS!tJon or ownership of the Mortgaged Property (the "Property Agreements"), (10) nghts, pnvileges, tenements, hereditaments, nghts-of-way, easements, appendages and appurtenances appertammg to the foregomg, and all nght, title and mterest, 1f any, of Granter m and to any streets, ways, alleys, stnps or gores of land adJoming the Land or any part thereof, (11) accessions, replacements and substitutions for any of the foregomg and all proceeds thereof, (12) msurance pohcies, unearned premmms therefor and proceeds from such policies covenng any of the above property now or hereafter acquired by Granter, (13) mmeral, water, ml and gas nghts now or hereafter acquued and relatmg to all or any part of the Mortgaged Property, and (14) of Grantor's nght, title and mterest m and to any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any governmental authonty pertammg to the Land, Improvements, F1x.tures or Personalty As used m this Deed of Trust, the tenn "Mortgaged Property" shall mean all or, where the context penn1ts or requ1res, any portion of the above or any mterest therem "Obhgat1ons" As defmed m the Credit Agreement, as well as all obligations ansmg under the Guarantee and Collateral Agreement (as defmed m the Credtt Agreement) and = = ..... ""' = = ..... mcludmg, without lnrutatJon, all other mdebtedness, obhgat10ns and hab1ht1es now or hereafter ex1stmg of any kmd of Grantor to Benef1c1ary under documents that recite that they are mtended to be secured by this Deed of Trust "Perrmtted Encumbrances"· The outstanding hens, easements, restnctlons, secunty interests and other exceptions to title set forth in the policy of title msurance msuring the hen of this Deed of Trust 1Ssued on the date hereof, together with the hens and secunty interests in favor of Beneficiary created or perrmtted by the Loan Documents "UCC" The Umform Commercial Code of the State of Washington or, 1f the creation, perfectton and enforcement of any secunty interest herem granted 1s governed by the laws of a state other than Washington, then, as to the matter m question, the Umform Commercial Code m effect m that state GRANT To secure the full and timely payment and performance of the Obhgatlons, Grantor GRANTS, BARGAINS, SELLS and CONVEYS the Mortgaged Property to Trustee, IN TRUST, WITH POWER OF SALE ~ WARRANTIES, REPRESENTATIONS AND COVENANTS Grantor warrants, represents and covenants to Beneficiary as follows· li Title to Mortgaged Property and Lien of this Instrument. Grantor owns the Mortgaged Property free and clear of any hens, claims or mterests, except the Perrmtted Encumbrances This Deed of Trust creates vahd, enforceable first pnonty hen and secunty interest agamst the Mortgaged Property. 3 2 Fust Lien Status Grantor shall preserve and protect the first hen and secunty interest status ofth1s Deed of Trust and the other Loan Documents If any hen or secunty interest other than the Perrmtted Encumbrances 1s asserted against the Mortgaged Property, Grantor shall promptly, and at ,ts expense, (a) give Beneficiary a detailed wntten notlce of such lien or secunty interest (including ongm, amount and other terms), and (b) pay the underlymg claim m full or take such other action so as to cause it to be released or contest the same in compliance with the reqwrements of the Credtt Agreement (including the requirement of prov1dtng a bond or other secunty satisfactory to Beneficiary). 11 Payment and Performance Grantor shall pay and perform the Obhgat10ns when due under the Loan Documents to which 1t 1s a party and shall perform the Covenants under the Loan Documents m full when they are required to be performed = = -= = = 3 4 Replacement of FJxtures and Personalty Except as permitted by the Credit Agreement, Grantor shall not, without the pnor wntten consent of Benef1c1ary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item 1s removed temporanly for mamtenance and repair or, 1f removed permanently, 1s obsolete and 1s replaced by an article of equal or better swtab1hty and value, owned by Grantor subject to the hens and secunty mterests of this Deed of Trust and the other Loan Documents, and free and clear of any other hen or secunty mterest except such as may be first approved m wntmg by Benef1c1ary. 3.5 Mamtenance of Rights of Way. Easements and Licenses. Grantor shall mamtam all nghts of way, easements, grants, pn vileges, licenses, certificates, permits, entitlements and franchises necessary for the use of the Mortgaged Property and will not, without the pnor consent of Benef1c1ary, not to be unreasonably withheld or delayed, consent to any pubhc restnctlon (mcludmg any zomng ordmance) or pn vate restnctlon as to the use of the Mortgaged Property Grantor shall comply m all matenal respects with all restnctlve covenants affect.mg the Mortgaged Property, and all zonmg ordmances and other public or pnvate restnctlons as to the use of the Mortgaged Property 3 6 Inspection. Grantor shall perrmt Trustee and Benef1c1ary, and their agents, representatives and employees, upon reasonable pnor notice to Grantor, to mspect the Mortgaged Property and conduct such enVIronmental, engmeenng and other stuches as Beneficiary may reqmre, provided that such mspectlons and studies shall not matenally mterfere with the use and operation of the Mortgaged Property. 3.7 Other Covenants All of the covenants m the Crecht Agreement are mcorporated herem by reference. All property-related covenants m the Credit Agreement are mcorporated as though Grantor were the "Borrower" thereunder. Condemnation Awards and Insurance Proceeds 3.8 I Condemnat10n Awards. Grantor assigns all awards and compensation for any condemnat10n or other takmg, or any purchase m heu thereof, to Beneficiary and authonzes Benef1c1ary to collect and receive such awards and compensation and to give proper receipts and acquamtances therefor, subject to the terms of the Crecht Agreement 3.8.2 Insurance Proceeds Grantor assigns to Beneficiary all proceeds of any msurance pohcies msunng agamst loss or damage to the Mortgaged Property Grantor authonzes and directs the issuer of each of such msurance policies to make payment for all such losses to Grantor and Beneficiary Jomtly, to be released by Beneficiary or apphed toward the prepayment of the Term Notes and reduction of the Revolvmg Credit Commitments (each as defmed m the Credit Agreement) m accordance with the terms of Crecht Agreement -· Notwithstanding the foregoing, Beneficiary shall make available to Grantor the foregoing awards, compensation and proceeds of condemnation and insurance, for the purpose of restoration and rebu!lding the Mortgaged Property, to the same extent that Grantor or the borrowers would be entitled to retam Net Cash Proceeds m connection with a Recovery Event (as both of those terms are defmed in the Credit Agreement), under the terms of the Credit Agreement. DEFAULTANDFORECLOSURE :!.1 Remedies Dunng the occurrence and continuance of an Event of Default (as defined m the Credit Agreement), Beneficiary may, at Benef1c1ary' s elect10n and by or through Trustee or otherwise, exercise any or all of the following nghts, remedies and recourses: rn 4 1.1 Acceleration To the extent pernutted by the Credit Agreement, ;:? declare the Obhgauons to be immediately due and payable, without further notice, = presentment, protest, notice of mtent to accelerate, notice of acceleration, demand = _. or action of any nature whatsoever (each of which hereby 1s expressly waived by = Grantor), whereupon the same shall become immediately due and payable CT') c::::, 4.1 2 Entry on Mortgaged Property. Enter the Mortgaged Property and take exclusive possession thereof and of all books, records and accounts relatmg thereto If Grantor remains m possession of the Mortgaged Property after an Event of Default and without Benef1c1ary's pnor wntten consent, Beneficiary may invoke any legal remedies to dispossess Grantor. 4.1 3 Operat10n of Mortgaged Property Hold, lease, develop, manage, operate or otherwise use the Mortgaged Property upon such terms and conditions as Beneficiary may deem reasonable under the circumstances (makmg such repairs, alterations, addittons and improvements and taking other actions, from time to time, as Beneficiary deems necessary or desirable), and apply all Rents and other amounts collected by Trustee m connection therewith m accordance with the proviSJons of Section 8 of the Credit Agreement 4 1 4 Foreclosure and Sale Institute proceedmgs for the complete foreclosure of this Deed of Trust, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels. With respect to any notJces reqmred or permitted under the UCC, Grantor agrees that ten days prior wntten notJce shall be deemed commerc1ally reasonable At any such sale by virtue of any JUchcial proceedmgs or any other legal nght, remedy or recourse, the tttle to and nght of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by Jaw, Grantor shall be completely and irrevocably divested of all of its nght, title, mterest, claim and demand whatsoever, either at law or in eqmty, m and to the property sold and such sale shall be a perpetual bar both at law and m eqmty agamst Grantor, and agamst all other persons claimmg or to claim the property sold or any part thereof, by, through or under Grantor. Benef1c1ary may be a purchaser at such sale and 1f Beneficiary 1s the highest bidder, may credit the portion of the purchase pnce that would be d1stnbuted to Beneficiary against the Obhgat1ons in heu of pa)'lng cash 4.1.5 Receiver Make apphcatmn to a court of competent JUnsdiction for, and obtam from such court as a matter of stnct nght and without noace to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obl1gaaons, the appomtment of a receiver of the Mortgaged Property, and Grantor mevocably consents to such appointment Any such receiver shall have all the usual powers and dunes of receivers in smular cases, including the full power to rent, mamta.m and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents m accordance with the provismns of Secuon 8 of the Credit Agreement . ..-4.1 6 Other. Exercise all other nghts, remed!es and recourses granted m under the Loan Documents or otherwise ava!lable at law or m equity (including an = action for specific performance of any covenant contained m the Loan Documents, 6 or a Judgment on the Note either before, dunng or after any proceeding to enforce this Deed of Trust). = er, = c.... = = - 4 2 Separate Sales The Mortgaged Property may be sold m one or more parcels and m such manner and order as Trustee, m !us sole discretion may elect, the nght of sale ansmg out of any Event of Default shall not be exhausted by any one or more sales 4 3 Remedies Cumulal!ve. Concurrent and Nonexclusive. Benef1c1ary shall have all nghts, remedies and recourses granted m the Loan Documents and available at law or eqwty (includmg the UCC), which nghts (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently agamst Grantor or others obligated under the Note and the other Loan Documents, or agamst the Mortgaged Property, or agamst any one or more of them, at the sole discret10n of Beneficiary, (c) may be exercised as often as occasion therefor shall anse, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other nght, remedy or recourse, and (d) are mtended to be, and shall be, nonexcluslVe No act10n by Beneficiary or Trustee m the enforcement of any nghts, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default. 4 4 Release of and Resort to Collateral. Benef1c1ary may release, regardless of considerauon and without the necessity for any notice to or consent by the holder of any subordinate hen on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, m any way 1mpainng, affecting, subordmatmg or releasmg the hen or secunty mterests created m or evidenced by the Loan Documents or their stature as a first and pnor hen and secunty mterest m and to the remaming Mortgaged Property. For ' . --- payment of the Obhgat1ons, Benef1c1ary may resort to any other secunty m such order and manner as Beneficiary may elect 4 5 Waiver of Redemption. Notice and Marshallmg of Assets To the fullest extent permllted by law, Grantor hereby irrevocably and uncond1t1onally waives and releases (a) all benefit that lTilght accrue to Grantor by virtue of any present or future statute of hm1tat1ons or law or 3ud1crnl decision exemptmg the Mortgaged Property from attachment, levy or sale on executton or prov1dmg for any apprrusement, valuation, stay of execution, exemption from c1v1J process, redemptton or extens10n of time for payment, (b) all notices of any Event of Default or of Trustee's elect10n to exercise or his actual exercise of any nght, remedy or recourse provided for under the Loan Documents, and (c) any nght to a marshalhng of assets or a sale m mverse order of ahenatton 4 6 D1sconttnuance of Proceedmgs If Benef1c1ary shall have proceeded to mvoke any nght, remedy or recourse penrutted under the Loan Documents and shall thereafter elect to discontinue or abandon 1t for any reason, Beneficiary shall have the unqualified nght to do so and, m such an event, Grantor and Beneficiary shall be restored to their former pos1t1ons with respect to the Obhgatlons, the Loan Documents, the Mortgaged Property and otherwise, and the nghts, remedies, recourses and powers of Beneficiary shall continue as 1f the nght, remedy or recourse had never been mvoked, but no such d!scontmuance or abandonment shall waive any Event of Default that may then exist or the nght of Beneficiary thereafter to exercise any nght, remedy or recourse under the Loan Documents for such Event of Default 4.7 Apphcatlon of Proceeds. The proceeds of any sale of, and the Rents and other amounts generated by the holdmg, leasmg, management, operation or other use of the Mortgaged Property, shall be apphed by Beneficiary or Trustee (or the receiver, 1f one 1s appomted) m the followmg order unless otherwise reqmred by apphcable law 4 7 .1 to the payment of the costs and expenses of takmg possession of the Mortgaged Property and of holdmg, usmg, leasmg, repamng, 1mprovmg and sellmg the same, mcluchng, without hm1tat1on (1) trustee's and receiver's fees and expenses, (2) court costs, (3) reasonable attorneys' and accountants' fees and expenses, ( 4) costs of advertisement, and (5) the payment of all ground rent, real estate taxes and assessments, except any taxes, assessments or other charges subject to which the Mortgaged Property shall have been sold, 4.7 2 to the payment of all amounts (mcludmg mterest), other than the unpaid pnnc1pal balance of the Note and accrued but unpaid mterest, which may be due to Benef1c1ary under the Loan Documents, 4 7 3 to the payment of the Obhgat10ns and performance of the Covenants under the Loan Documents m such manner and order of preference as Beneficiary m its sole chscretton may deterlTilne, and 4 7 4 the balance, ,f any, to the payment of the persons legally entitled thereto 4 8 Occupancy After Foreclosure The purchaser at any foreclosure sale pursuant to Seclton 4 I 4 shall become the legal owner of the Mortgaged Property All occupants of the Mortgaged Property shall, at the optJ.on of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possess10n thereof 1mmed1ately to the purchaser upon demand It shall not be necessary for the purchaser at said sale to bnng any aclton for possession of the Mortgaged Property other than the statutory actJ.on of forcible detamer m any Justice court havmgJunsd1ction over the Mortgaged Property 4 9 ProtectJ.ve Advances and Disbursements; Costs of Enforcement 4 9 1 If any Event of Default exists, Beneficiary shall have the nght, but not the obhgat10n, to cure such Event of Default m the name and on behalf of Grantor All sums advanced and expenses mcurred at any time by Benef1c1ary under this Section, or otherwise under this Deed of Trust or any of the other Loan Documents or applicable law, shall bear mterest from the date that such sum 1s advanced or expense mcurred, to and mcluding the date of reimbursement, computed at the mterest rate applicable to overdue amounts under Section 2 15(c) of the Credit Agreement, and all such sums, together with mterest thereon, shall be secured by this Deed of Trust 4 9 2 Grantor shall pay all expenses (mcludmg reasonable attorneys' fees and expenses) of or incidental to the perfection and enforcement of this Deed of Trust and the other Loan Documents, or the enforcement, comprorruse or settlement of the Obhgat1ons or any claim under this Deed of Trust and the other Loan Documents, and for the cunng thereof, or for defendmg or assertmg the nghts and claims of Benef1c1ary m respect thereof, by llltgalton or otherwise 4 10 No Mortgagee m Possession Neither the enforcement of any of the remedies under this Article, the assignment of the Rents and Leases under Article 5, the secunty mterests under Article 6, nor any other remedies afforded to Benef1c1ary under the Loan Documents, at law or m equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee m possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, mcur any expense, or perform or chscharge any obhgatJ.on, duty or hab1hty whatsoever under any of the Leases or otherwise ~ ASSIGNMENT OF RENTS AND LEASES li Assignment. Grantor hereby grants to Benef1c1ary a present, absolute assignment of the Leases and Rents While any Event of Default exists, Benef1c1ary shall be entitled to (a) notify any person that the Leases have been assigned to Beneficiary and that all Rents -= = --= ""' = are to be paid chrectly to Benef1c1ary, whether or not Benef1c1ary has commenced or completed foreclosure or taken possession of the Mortgaged Property, (b) settle, comprorruse, release, extend the time of payment of, and make allowances, adJustments and discounts of any Rents or other obhgattons under the Leases, (c) enforce payment of Rents and other nghts under the Leases, prosecute any action or proceeding, and defend agamst any claim with respect to Rents and Leases; (d) enter upon, take possesston of and operate the Mortgaged Property; (e) lease all or any part of the Mortgaged Property; and/or (f) perform any and all obhgattons of Grantor under the Leases and exercise any and all nghts of Grantor there1D conta1Ded to the full extent of Grantor's nghts and obhgattons thereunder, with or without the bnngmg of any actton or the appomtment of a receiver 5 2 No Obhgatton Notwithstanding Benef1c1ary' s nghts hereunder, Benef1c1ary shall not be obligated to perform, and Benef1c1ary does not undertake to perform, any obhgatton, duty or hab11tty with respect to the Leases or Rents on account of this Deed of Trust. Benef1c1ary shall have no respons1b1hty on account of this Deed of Trust for the control, care, mamtenance or reprur of the Mortgaged Property, for any waste committed on the Mortgaged Property, for any dangerous or defecttve condition of the Mortgaged Property, or for any neghgence m the management, upkeep, repair or control of the Mortgaged Property. i1 Right to Apply Rents Benef1c1ary shall have the nght, but not the obhgatton, to use and apply any Rents received hereunder ID such order and such manner as Beneficiary may detemnne, mclud1Dg, without hm1tatton, for (a) the payment of costs and expenses of enforcmg or defending the terms of this Deed of Trust or the nghts of Benef1c1ary hereunder, and collect1Dg any Rents and (b) the payment of costs and expenses of the operation and mruntenance of the Mortgaged Property. After the payment of all such costs and expenses and after Benef1c1ary has estabhshed such reserves as 1t, ID its sole discretion, deems necessary for the proper management of the Mortgaged Property, Beneficiary shall apply all remrunmg Rents received by 1t m the manner contemplated by the Credit Agreement 5.4 No Merger of Estates. So long as any part of the Obhgattons and Covenants secured hereby remam unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remam separate and distinct, notw1thstandmg the union of such estates either m Gran tor, Benef1c1ary, any lessee or any third party by purchase or otherwise. SECURITY AGREEMENT ti Secunty Interest This Deed of Trust consututes a "Secunty Agreement" on personal property w1thm the meanmg of the UCC and other applicable law with respect to the Personalty, Fixtures, Plans, Leases, Rents and Property Agreements To this end, Gtantor grants to Trustee and Benef1c1ary, a first and pnor secunty mterest m the = = --= er, = Personalty, Fixtures, Plans, Leases, Rents and Property Agreements and all other Mortgaged Property that 1s personal property to secure the payment of the Obligations and performance of the Covenants under the Loan Documents, and agrees that Benef1c1 ary shall have all the nghts and remedies of a secured party under the UCC with respect to such property Any notice of sale, d1spos1t10n or other intended action by Beneficiary with respect to the Personalty, Fixtures, Plans, Leases, Rents and Property Agreement sent to Grantor at least five days pnor to any action under the UCC shall constitute reasonable notice to Grantor. 6.2 Fmancmg Statements Grantor shall execute and dehver to Benef1c1ary, m form and substance satisfactory to Benef1c1ary, such fmancmg statements and such further assurances as Beneficiary may, from time to time, reasonably consider necessary to create, perfect and preserve Beneficiary's secunty mterest hereunder and Beneficiary may cause such statements and assurances to be recorded and ftled, at such times and places as may be reqmred or penrutted by law to so create, perfect and preserve such secunty mterest Grantor's chief executive office is m the State of Tennessee at the address set forth m the first paragraph of this Deed of Trust 6 3 Fixture F!lmg This Deed of Trust shall also constitute a "fixture filmg" for the purposes of the UCC agamst all of the Mortgaged Property that 1s or 1s to become fixtures Information concemmg the secunty mterest herem granted may be obtamed at the addresses of Debtor (Grantor) and Secured Party (Benef1c1ary) as set forth m the first paragraph of this Deed of Trust l. CONCERNING THE TRUSTEE 1.1 Certam Rights. With the approval of Benef1c1ary, Trustee shall have the nght to select, employ and consult with counsel Trustee shall have the nght to rely on any mstrument, document or signature authonzmg or supporting any action taken or proposed to be taken by him hereunder, beheved by him m good faith to be genume Trustee shall be entitled to reimbursement for actual, reasonable expenses mcurred by him m the performance of his duties, mcludmg those ansmg from the JOtnt, concurrent, or comparative negligence of Trustee; however, Grantor shall not be hable under such mdemmf1catton to the extent such hah1hty or expenses result solely from Trustee's gross neghgence or willful Illlsconduct hereunder Grantor shall, from ttme to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and mdemmfy, defend and save Trustee harmless agamst, all hab1Itty and reasonable expenses which may be mcurred by him m the performance of his duties Grantor's obhgat1ons under this Sectlon shall not be reduced or impaired by pnnc1ples of comparau ve or contnbutory negltgence 7 2 Retention of Money All moneys received by Trustee shall, until used or applied as herem proV1ded, be held m trust for the purposes for which they were received, but need not be segregated many manner from any other moneys (except to the extent required by --- Jaw), and Trustee shall be under no hab1hty for interest on any moneys received by him hereunder U Successor Trustees. If Trustee or any successor Trustee shall die, resign or become d1squahfled from acting in the execul!on of this trust, or Beneficiary shall desire to appomt a substitute Trustee, Beneficiary shall have full power to appomt one or more subsl!tute Trustees and, 1f preferred, several substitute Trustees m succession who shall succeed to all the estates, nghts, powers and duties of Trustee. Such appomtment may be executed by any authonzed agent of Beneficiary, and as so executed, such appomtment shall be conclusively presumed to be executed with authonty, valid and sufficient, without further proof of any action 7 4 Perfection of Appomtment Should any deed, conveyance or mstrument of any nature be reqwred from Granter by any successor Trustee to more fully and certamly vest m and confirm to such successor Trustee such estates, nghts, powers and duties, then, upon request by such Trustee, all such deeds, conveyances and mstruments shall be made, executed, acknowledged and dehvered and shall be caused to be recorded and/or filed by Granter. 7.5 Trustee L1abihty. In no event or circumstance shall Trustee or any substitute Trustee hereunder be personally hable under or as a result of this Deed of Trust, either as a result of any action by Trustee (or any substitute Trustee) m the exercise of the powers hereby granted or otherwise. JL MISCELLANEOUS li Nol!ces. Any notlce requued or perrrutted to be given under tlus Deed of Trust shall be m wntlng and either shall be mailed by cerl!fied mad, postage prepaid, return receipt requested, or sent by overnight rur couner service, or personally dehvered to a representatlve of the receivmg party, or sent by telecopy. All such communications shall be malled, sent or delivered, addressed to the party for whom 1t 1s intended at its address set forth below If to Granter, c/o Regal Cmemas, Inc. 7132 Mtke Campbell Dnve Knoxville, TN 37918 Attn· Amy E Miles with a copy to Wagner, Myers & Sanger 1801 Flfst Tennessee Plaza, PO Box 1308 Knoxville, TN 37901 Attn Herbert S Sanger, Jr , Esq = = ..... = (T") = If to Beneficiary, to Lehman Commercial Paper Inc 745 Seventh Avenue, 81° Floor New York, NY 10019 Attn: Francis X Giihool with a copy to Latham & W atlans 885 Thrrd Ave. New York, NY 10022 Attn· Chns Plaut, Esq 023299-0182 Any commumcatJ.on so addressed and mruled shall be deemed to have been duly given or made when dehvered, or three business days after being deposited in the mall, postage prepaid, or, m the case of telecopy notice, when received, addressed as set forth above or m the case of any party, to such other address as such party may hereafter notify to the other parties hereto 8 2 Covenants Runnmg with the Land. All Obhgat1ons contamed m this Deed of Trust are intended by Grantor, Benef1c1ary and Trustee to be, and shall be construed as, covenants runnmg with the Mortgaged Property. As used herem, "Gran tor" shall refer to the party named m the flfst paragraph of this Deed of Trust and to any subsequent owner of all or any portion of the Mortgaged Property (without many way implying that Beneficiary has or will consent to 8l!Y such conveyance or transfer of the Mortgaged Property) All persons or enttttes who may have or acquire an mterest m the Mortgaged Property shall be deemed to have notice of, and be bound by, the terms of the Credit Agreement and the other Loan Documents; however, no such party shall be entitled to any nghts thereunder without the pnor wntten consent of Beneficiary. U Attorney-m-Fact Grantor hereby irrevocably appomts Beneficiary and its successors and assigns, as tts attomey-m-fact, which agency is coupled with an mterest, (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Benef1c1ary deems appropnate to protect Beneficiary's mterest, if Gran tor shall faII to do so w1thm ten (10) days after wntten reqtiest by Beneficiary, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the dehvery of a deed m heu of foreclosure, to execute all mstruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Personalty, Fixtures, Plans and Property Agreements m favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare, execute and file or record fmancing statements, continuauon statements and applications for registration necessary to create, perfect or preserve Beneficiary's secunty mterests and nghts m or to any of the collateral, and (d) while any Event of Default exists, to perform any obhgation of Grantor hereunder, however (1) Beneficiary shall not under any circumstances be obhgated to perform any obhgat10n of Gran tor, (2) any sums advanced by Beneficiary m such performance shall be added to and mcluded m the Obhgatlons and shall bear mterest at the mterest rate applicable to overdue amounts under Section 2 15(c) of the Crecht Agreement, (3) Beneficiary as such attorney-m-fact shall only be accountable for such funds as are actually received by Benef1c1ary, and (4) Beneficiary shall not be liable to Grantor or any other person or entity for any failure to take any action that 1t 1s empowered to take under this Section 8 4 Successors and Assigns This Deed of Trust shall be bmdtng upon and mure to the benefit of Benef1c1ary and Grantor and their respective successors and assigns Grantor shall not, without the pnor wntten consent of Beneficiary, assign any nghts, duties or obhgatlons hereunder 8.5 No Waiver. Any failure by Trustee or Beneficiary to ms1st upon strict performance -· of any of the terms, prov1s10ns or conchtlons of the Loan Documents shall not be deemed .,... to be a waiver of same, and Trustee or Benef1c1ary shall have the nght at any time to 1ns1st 0-, -upon stnct performance of all of such terms, prov1s10ns and combtions. c::, = ....,. ~ Subrogation To the extent proceeds of the Note have been used to extingmsh, extend or renew any mdebtedness agamst the Mortgaged Property, then Benef1c1ary shall be subrogated to all of the nghts, hens and mterests existing agamst the Mortgaged Property and held by the holder of such mdebtedness and such former nghts, hens and mterests, 1f any, are not waived, but are contmued m full force and effect m favor of Benef1c1ary. 8 7 Credit Agreement. If any confhct or mconststency exists between this Deed of Trust and the Crecht Agreement, the Crecht Agreement shall govern U Release Upon payment m full of the Obhgatlons, the termmatton orexp1rat1on of all Commttments (as defmed m the Credit Agreement), and provided that no Letter of Credit (as defmed m the Credit Agreement) shall be outstandmg, Benef1c1ary, at Grantor's expense, shall release the hens and secunty interests created by !hts Deed of Trust or, at Grantor's request (but at no cost to Benef1c1ary) assign this Deed of Trust to a party designated by Grantor. U Waiver of Stay. Moratonum and Similar Rights. Grantor agrees, to the full extent that it may lawfully do so, that 1t will not at any ttme ms1st upon or plead or m any way take advantage of any appra1sement, valuation, stay, marshalhng of assets, extens10n, redemption or moratonum law now or hereafter m force and effect so as to prevent or hmder the enforcement of the prov1s1ons of this Deed of Trust or the mdebtedness secured hereby, or any agreement between Grantor and Benef1c1ary or any nghts or remedies of Beneficiary 8 JO L1m1tat10n on L1ab1hty Grantor's hab1hty hereunder 1s subJect to and lnruted by the exculpatory prov!Slons of the Credit Agreement -en - 8 11 Obhgattons of Grantor, Jomt and Several If more than one person or entity has executed this Deed of Trust as "Grantor," the obhgat1ons of all such persons or entities hereunder shall be Jomt and several 8.12 Governmg Law This Deed of Trust shall be governed by the laws of the State m which the Land 1s located 8.13 Headmgs. The Article, Sect10n and Subsection titles hereof are mserted for convemence of reference only and shall m no way alter, modify or defme, or be used m construmg, the text of such Articles, Sections or Subsections 8 14 Entire Agreement This Deed of Trust and the other Loan Documents embody the entire agreement and understandmg between Benef1c1ary and Grantor and supersede all pnor agreements and understandmgs between such parties relating to the subject matter hereof and thereof Accordmgly, the Loan Documents may not be contradicted by evidence of pnor, contemporaneous or subsequent oral agreements of the pait!es There are no unwntten oral agreements between the parties 8 15 Non-Agncultural Purpose. THE MORTGAGED PROPERTY IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. "" <=> ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND '~ CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW -- = = - IN WITNESS WHEREOF, the parties hereto have executed this Deed of Trust as of the date ftrst above wntten EASTGATE By. ----,:-,P.4<'~=-<.L---- Name Peter Title VI Cl:1 = = = """ = = CN STATE OF AfE:?vJ tOM, ) •• COUNTY OF A1taJJVr.tlf!... ) ) ) ss ) I certify that I know or have satisfactory evidence that Peter Brandow 1s the person who appeared before me, and said person acknowledged that he/she signed this mstrument, on oath stated that he/she 1s authonzed to execute the mstrnment and acknowledged 1t as the Y lCL ?rcs,J.c,.\-of ®~"'le. "fWn., L,,,. to be his/her free and voluntary act of such pames for the uses and purposes mentioned m th.Is mstrument DATED ,lbt/ofl= #!f!a: (t&a4¥ NOTARY PUBLIC for the State of _____ , res1dmg at My appointment expues KATHLEEN T CASEY Notary Pub he, Sta ta of Now York No 4840674 Qual,fted m Westchester Coumy Comcart,ficate filed ,n New Yo,k Coun1y,._/ m, .. IOII expire• January 27, 20.:Jd!:" EXHIBIT A Legal Description LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92), ACCORDING TO PLAT RECORDED IN VOLUME 161 OF PLATS AT PAGES 8 1HROUGH 11, UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON, EXCEPT 1HAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN LYING NORTH OF A LINE DESCRIBED AS FOLLOWS COMMENCING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; -• THENCE NORTH 88'09'51' WEST A DISTANCE OF 875 52 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80 88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3, - (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006.) 480870 Renton East Valley Seattle, WA 20040823001359.001 When Recorded Return To. KevmOhver Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, Suite 3400 1111111111111111 20040823001359 FIRST AMERICAN A 24 00 PAGE001 OF 006 08/23/2004 11 46 KING COUNTY, WA Los Angeles, CA 90071 Pleasepnntortype1nformat1onWASHINGTON STATE RECORDER'S COVER SHEET (RCW6504) Document T,Ue(s) (or transactions contained therein) In) 1 Assignment of Benef1c1ary's Interest 2. 3 4 (all areas applicable to your document must be Idled Reference Number(s) of Documents assigned or released ~ <X) I q'14 n Additional reference numbers on r""'"e no of document Grantor(s) (Last name first, then first name and 1mbals) 1 Eastgate Theatre, Inc. :----i Addruonal names on oaae no of document Grantee(s) (Last name first, then first name and 1m11als) 1 (Trustee) First American Title Insurance Company 2 (Ass1gnor/Benefic1ary) Lehman Commercial Paper Inc. I Add1bonal names on oaoe no of document Legal Descnpt,on (Abbreviated I e, lot, block, plat or sect,on, township, range) Lot 3, Burlington Northern BSP, Rec. 9206302696 I Additional leoal on oaae no of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 I Assessor's Pmoertv Tax Parcel/Account Number not vet ass1aned The Auditor/Recorder will rely on the mformabon provided m the form The staff w,11 not read the document to verifv the aocuracv or comoleteness of the 1ndexino 1nformahon nrov,ded harem \\\DC. 90810/0017 -l93 IS29 Y2 ~-Washmgto11(JJ6) EM Valley 13 20040823001359.002 THIS Assignment of Beneficiary's Interest (this "Assignment") 1s executed as of JU~ ~ __, 2004 by LEHMAN COMMERCIAL PAPER INC , a New York corporatio ~ as Assignor, whose address is 745 Seventh Avenue, gth Floor, New York, NY 10019 ("Assignor"), m favor of CREDIT SUISSE FIRST BOSTON, actmg through its Cayman Islands Branch, as Assignee, whose address is 11 Madison Avenue, New York, NY 10010-3629 ("Assignee") RECITALS WHEREAS, that certam Credlt Agreement dated as of January 29, 2002 was entered mto by and among Regal Cmemas Corporat10n and Regal Cmemas, Inc., as borrower ("Grantor''), the Several Lenders from time to time party thereto; Lehman Brothers, Inc as sole advisor, sole lead arranger and sole book manager, Lehman Commercial Paper Inc., as admmistratlve agent; and the other Agents referred to therem (the "Ongmal Credit Agreement"), WHEREAS, that certam Guarantee and Collateral Agreement dated as of January 29, 2002 was entered mto by and among Regal Cinemas Corporation, Regal Cmemas, Inc and each of the Guarantors (as defined therem) (the "Onginal Guarantee and Collateral Agreement"), WHEREAS, pursuant to the terms of the Ongmal Credit Agreement, Grantor did grant to First Amencan Title Insurance Company, as Trustee (the "Trustee"), whose address 1s 401 E. Corporate Dnve, Suite 100, Lewisville, Texas 75057, for the benefit of Assignor that certam Deed of Trust, Assignment of Leases and Rents, Secunty Agreement and Fixture Frlmg (the "Ongmal Deed of Trust") upon the Mortgaged Property, as defined therem, winch Ongmal Deed of Trust was recorded m the land records of that certamJunsdtctron withm which the Mortgaged Property 1s located, winch recordmg mformatton 1s set fortll m Exh1b1t A attached hereto and made a part hereof; WHEREAS, the Onginal Credit Agreement was amended and restated (a) pursuant to that certam Amended and Restated Credit Agreement dated as of August 12, 2002 (the "First Amendtnent"), (b) agam pursuant to that certam Second Amended and Restated Credit Agreement dated as of June 6, 2003 (the "Second Amendtnent"), ( c) agam pursuant to that certam Third Amended and Restated Credit Agreement dated as of August 27, 2003 (the "Third Amendment") and ( d) again pursuant to that certam Fourtll Amended and Restated Credit Agreement dated as ofMay 10, 2004 (the ''Fourth Amendtnent''), wherem Assignee did assume the role of Arranger and Adtn1rustrat1ve Agent for the Lenders thereunder; WHEREAS, the Onginal Guarantee and Collateral Agreement was amended pursuant to that certam (a) Confirmation and Amendtnent Agreement dated as of August 12, 2002 (the "First Guarantee Amendtnent"); (b) agam pursuant to that certam Confinnatron and Amendtnent to Guarantee and Collateral Agreement dated as of June 6, 2003 (the "Second Guarantee Amendment"), ( c) agam pursuant to that certam Confirmation and Amendtnent to Guarantee and Collateral Agreement dated as of August 27, 2003 (the "Third Guarantee Amendment") and ( d) again pursuant to that certam Amended and Restated Guarantee and Collateral Agreement dated as of May 10, 2004 (the "Fourtll Guarantee Amendtnent"); -2- W1DC· 901l:10/00l7-l931S29v2 MSi,nmenl--Wadungton (136) Bast Valle)' J:3 20040823001359.003 WHEREAS, Assignor hereby des1res to assign, convey, transfer and sell to Assignee, its successors and assigns all of Assignor's right, title and mterest m the Origmal Deed of Trust, without recourse NOW THEREFORE, for Ten Dollars ($10 00) and other good and valuable cons1deratlon, the receipt and sufficiency of which are hereby acknowledged, and m consideration of the mutual covenants herem set forth, Assignor hereby agrees as follows. 1 The foregomg recitals to thts Amendment are hereby mcorporated in and made a part ofth1s Amendment to the same extent as 1f set forth m full herem. 2 Assignor agrees to, and does hereby assign, convey, transfer and sell to Assignee, its successors and assigns all of Assignor's nght, title and mterest m the Origmal Deed of Trust, without recourse. 3. Thts Ass1grunent shall be governed by the laws of the state m winch the Mortgaged Property is located. 4 Non-Agncultural Purpose. THE MORTGAGED PROPERTY IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAINDER OF PAGE INTENTIONALLY LEFf BLANK) -3- \\\))(; 9MIO/OOl7, l!J315l';I Vl A5.$1pmem Wuhmpn(l36}S-Va1leyl3 20040823001359.004 IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above wntten. WITNESSED ASSIGNOR. By~ Name' LEHMAN COMMERCIAL PAPER INC By~ Name· 6, -, ,,,,. rn Title. Atl! d .. 3 110, ,,.1, .itgnatory -4- \\\DC 908Jo/ooJ1 1931529\'l Ass,gim,enl • WuJrm&ton (136) EAfl Vall¢y 13 NEW YORK STATE OF _____ __, ) COUNTY OF ME'ftl YORK ) ss· ) ) 20040823001359.005 I certify that I know or have sattsfactory evidence that FRANCIS CHANG 1s the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated thats/he 1s authonzed to execute the mstrument and acknowledged 1t as the Vice President of Lehman Commercial Paper Inc. to be his/her free and voluntary act of such parties for the uses and purposes menttoned m this instrument DATED ~ 2-2--;, )-0"() y -5- \\\D(> 9081,o.t¢(11'7. 193152.h2 AssignT1'1¢111-Wuhmgton (U6) Eaa:I Val!cy !3 Pnnt Name: NELVADIA HATCHER NOT ARY PUBLIC for the State of , res1dmg at -=,~,-7-1<\~j!ut~· , Afw, }0 /c-, £\//{r()/t) ' ~ My appomtment expires. NELVADIAHATCl{CR l\lotsuy Publicj St..itc of .!\'"cw York , nist •111 'l0 # CJH \.6~82085 1 ' 1 • It ,, C('I! '1\} . . ' /"I- '' '-0 EXHIBIT A Deed of Trust Recordmg Information The Ongmal Deed of Trust, which was recorded 3/4/02, under Recordmg Number20020304001994, Official Records ofKmg County, Washmgton -6- 11\0C 90:UOIOOl7 l93IS29vl Al;s,gnmtXII W8$hm1fon (136) Bast Valley ll 20040823001359.00E 20040823001360.00 Ill Ill~ 111111111 When Recorded Return To· KevmOhver Skadden, Arps, Slate, Meagher & Flom LLf 300 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 20040823001360 FIRST AMERICAN MDT 29 00 ?AGE001 OF 011 08/23/2084 11 46 KING COUNTY, UA Please pnnt or type mformallon WASHINGTON STATE RECORDER' S COVER SHEET (RCW 65 04) Document T1tle(s) (or transacbons contained thereon) (all areas applicable to your document must be filled on) '811"15i@ 1 Amendment to Deed of Trust 2 1ST AM 3 4 -,erence Number(s) of Documents assigned or released :n:::a0.30'-/00 I tJA'-f Add1t1onal reference numbers on oaae no of document Grantor(s) (Last name first, then first name and 1nrtials) 1 Eastgate Theatre, Inc. / AddrtJonal names on rume no of document Grantee(s) (Last name firs~ then first name and ,n1118ls) 1 (Trustee) First American Title Insurance Company 2. (Beneficiary) Credit Suisse First Boston, acting through its Cayman Islands Branch / Add1t1onal names on oaae no of document Legal Descnpbon (Abbreviated , e, lot, block, plat or secbon. township, range) Lot 3, Burlington Northern BSP, Rec. 9206302696 I Add1tronal leaal on oaae no of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 / Assessor's Prooertv Tax Parcel/Account Number not vet ass1aned The Auditor/Recorder will rely on the mformabon provided ,n the form The staff will not read the document to ventv the accuracv or comoleteness of the 1ndextna 1nformatoon orov,ded hereon \\\DC. 90810/00\7 \!}3S654 v2 Amend-Wash1r1gton (136) East Valley ll 20040823001360.002 • THIS Amendment to Deed of Trust, Assignment of Leases and Rents, Secunty Agreement and Fixture Filmg, (thIS "Amendment") ts executed as of Jul ;l: _j_, 2004 by EASTGATE THEATRE, INC., an Oregon corporation ("Grantor'') whose a dress 1s c/o Regal Cmemas, Inc, 7132 Mike Campbell Dnve, Knoxville, TN 37198 to FIRST AMERICAN TITLE INSURANCE COMP ANY, Trustee (''Trustee"), whose address 1s 401 E. Corporate Dnve, Smte 100, Lewisville, Texas 75057, for the benefit of CREDIT SUISSE FIRST BOSTON, actmg through its Cayman Islands Branch ("Beneficiary''), as Arranger and Admm1strat1ve Agent for the Lenders under the Credit Agreement more fully descnbed and defined below, whose address 1s 11 Madison Avenue, New York, NY 10010-3629 RECITALS WHEREAS, that certam Credit Agreement dated as of January 29, 2002 was entered mto by and among Regal Cmemas Corporation and Regal Cmemas, Inc, as borrower, the Several Lenders from time to time party thereto; Lehman Brothers, Inc. as sole advisor, sole lead arranger and sole book manager; Lehman Commercial Paper Inc , as adrrumstrat1ve agent ("Assignor''), and the other Agents referred to therein (the "Ongmal Credit Agreement"); WHEREAS, that certam Guarantee and Collateral Agreement dated as of January 29, 2002 was entered mto by and among Regal Cmemas Corporation, Regal Cmemas, Inc. and each of the Guarantors (as defined therem) (the "Ongmal Guarantee and Collateral Agreement''); WHEREAS, pursuant to the terms of the Onginal Credit Agreement, Grantor did grant to Trustee, for the benefit of Assignor that certam Deed of Trust, Assignment of Leases and Rents, Secunty Agreement and Fixture F1lmg (the "Ongmal Deed of Trust") upon the Mortgaged Property, as defined therem, which Original Deed of Trust (I) was recorded m the land records of that certam Junsdiction w1thm which the Mortgaged Property ts located, which recordmg information is set forth m Exhibit A attached hereto and made a part hereof and (2) encumbers, mter aha, the real property descnbed m Exhibit A attached hereto and made a part hereof, WHEREAS, the Ongmal Credit Agreement was amended and restated (a) pursuant to that certam Amended and Restated Credit Agreement dated as of August 12, 2002 (the "First Amendment''), (b) agam pursuant to that certam Second Amended and Restated Credit Agreement dated as of June 6, 2003 (the "Second Amendment''), (c) agam pursuant to that certam Third Amended and Restated Credit Agreement dated as of August 27, 2003 (the "Third Amendment") and (d) agam pursuant to that Fourth Amended and Restated Credit Agreement dated as of May 10, 2004 (the "Fourth Amendment"); WHEREAS, the Ongmal Guarantee and Collateral Agreement was amended pursuant to that certam (a) Confirmation and Amendment Agreement dated as of August 12, 2002 (the "First Guarantee Amendment''), (b) agam pursuant to that certain Confirmation and Amendment to Guarantee and Collateral Agreement dated as of June 6, 2003 (the "Second Guarantee Amendment''), (c) agam pursuant to that certam Confirmation and Amendment to Guarantee and Collateral Agreement dated as of August 27, 2003 (the ''Thlfd Guarantee Amendment") and -2- \'\DC -90810/0017 -193S6'4 v2 Amend -Wash1ngttm (136) East Valley 13 20040823001360.00l agam pursuant to that certam Amended and Restated Guarantee and Collateral Agreement dated as of May 10, 2004 (the "Fourth Guarantee Amendment"); and WHEREAS, pursuant to the Assignment of Beneficiary's Interest (the "Assignment"), dated as of , 2004, Assignor did assign, convey, transfer and sell to Beneficiary, its successors and assigns all of Assignor's nght, title and interest m the Ongmal Deed of Trust, without recourse; WHEREAS, Grantor and Trustee and Beneficiary hereby desire to amend the Ongmal Deed of Trust in order to amend certam defined terms and to provide notice of record (a) of the existence of the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the F1rst Guarantee Amendment, the Second Guarantee Amendment, the Thud Guarantee Amendment and the Fourth Guarantee Amendment and (b) that the Onginal Deed of Trust now secures the Obhgations under and as defined m the Fourth Amendment, as 1t may be amended, modified, restated, consolidated, extended, renewed and replaced from ume to time. NOW THEREFORE, for Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and m consideration of the mutual covenants herem set forth, the parties hereto agree to amend the Ongmal Deed of Trust as follows: 1. The foregomg recitals to this Amendment are hereby incorporated in and made a part of this Amendment to the same extent as 1f set forth in full herem 2 Wherever used m the Origmal Deed of Trust or hereafter m this Amendment, the term "Credit Agreement" means the Fourth Amendment, as 1t may be amended, modified, restated, consolidated, extended, revised or replaced from time to time. 3 The term "Guarantee and Collateral Agreement" means the Ongmal Guarantee and Collateral Agreement, as amended by the Fust Guarantee Amendment, the Second Guarantee Amendment, the ThITd Guarantee Amendment and the Fourth Guarantee Amendment, as 1t may be further amended, modified, restated consolidated, extended, reVIsed or replaced from time to time. 4. The parties hereto acknowledge and agree that the amendments made by this Amendment are m no way intended, nor shall they be deemed to modify, alter or change the pnonty of the hen of the Ongmal Deed of Trust The Ongmal Deed of Trust, as hereby amended, 1s hereby ratified and confirmed mall respects From and after the date hereof, (a) the term Mortgage, as such term 1s used m the Fourth Amendment, shall be deemed to mclude this Amendment, and (b) the term "Deed of Trust" as such term 1s used m the Ongmal Deed of Trust shall mean the Onginal Deed of Trust as amended by this Amendment 5 The parties acknowledge that the Trustee 1s executmg this Amendment for the sole purpose of consentmg to the terms hereof. -3- \\\DC 90&]0/0011 \9J56S4 Y2 Aimnd -Washinatoo (136) E11$t Valley 13 2004os2aoo1 aso.oo, 6 This Amendment may be executed many number ofrnult1ple counterparts, each of wluch shall be deemed an ongtnal and all of which, when taken together, shall constitute one and the same mstrurnent. 7. Tots Amendment shall be governed by the laws of the state m which the Mortgaged Property is located 8. Non-Agricultural Purpose THE MORTGAGED PROPERTY IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAINDER OF PAGE INTENTIONALLY LEFf BLANK) -4- \\\DC• 90810!00l 7 • 1915654 vl Amend.-W.asb1n£10II (136) Ea!!. V~ley l:3- 20040823001360.00! IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above wntten Witnessed. [By· _________ _ Name: ---------- By. _________ _ Name: ---------- \\\DC-90810/1)017 t!l3S6S4 v2 Aml::nd-Waslnngwn (lJ,6) £651. Ve.lley 13 GRANTOR: EASTGATE THEATRE, INC TRUSTEE. By: -----------Name: _________ _ BENEFICIARY: CREDIT SUISSE FIRST BOSTON, actmg through its Cayman Islands Branch, as Arranger and Admm1strative Agent By· -----------Name:, _________ _ Title:. _________ _ -5- 20040823001360.006 IN WITNESS WHEREOF, the parties hereto have executed Hus Amendment as of the date first above written Witnessed By. _________ _ Name --------- [By ________ _ Name. ---------- By.~«L~ N~ACOUELINE CAINES WIDC. 90810/0017 -19lS6S4 v2 Amend-Wuh1ngt0n (IJ6) East Valley 13 GRANTOR EASTGATE THEATRE, INC By __________ (Seal) Name ----------TI tl e · _________ _ TRUSTEE: By. __________ _ Name ---------- BENEFICIARY: CREDIT SUISSE FIRST BOSTON, actmg through its Cayman Islands Branch, as Arranger and Adm1mstral!ve Agent -5- STATE OF T-en11C<K"&e-) COUNTY OF d-5n. o,X. ) ) ) ss: ) 20040823001360.007 I certify that I lmow or have satisfactory evidence that fef-ev~411dt)t,J is the person who appeared before me, and said person aclmowledged thats/he signed this mstrument, On Orted~at s0e IS authonzed to execute the tnstrument and acJmowJedged It as the ('.P / Y-e<t ~f'ofEastgate Theatre, Inc to be his/her free and voluntary act of such parties for the uses and purposes mentioned m this mstrument. My appomtment rr!!!?s: 2/i(J( -6- \\\DC 90810JOOt7 193~ v2 Ammd-Washm.gton (136) East Valley 13 STATE OF~-----~ COUNTY OF _____ ~ ) ) ss ) 20040823001360.008 I certify that I know or have sal!sfactory evidence that 1s the person who appeared before me, and said person acknowledged thats/he signed this mstrument, on oath stated thats/he is authorized to execute the mstrument and acknowledged 1t as the Trustee to be hts/her free and voluntary act of such parties for the uses and purposes mentioned m this mstrument. DATED. _____ _ PnntName· ===-=--------,----NOTARY PUBLIC for the State of ------~ res1dmg at My appomtment exprres· -7- \\\DC-9081010017-193~"'2 Arncnd-Wuhmgtllll (136):Et.st Valley 13 20040823001360.009 STATE OF /\l8W '::)OIUL ) ) ) ss. COUNTY OF Al6j,J YQK ) ) fl, I W... D 'J>ffl-'"( I certify that I know or have satisfactory eVJdence that t., "J>IUJ oeo.,9i!1 1s the person who appeared before me, and said person acknowledged that s/he signed tlus mstrument, on oath stated thats/he 1s authonzed to execute the mstrument and acknowledged 1t as the 9l t/2-,():... IJ-ssoc.... of Credit Suisse First Boston to be his/her free and voluntary act of such parties for the uses and purposes mentioned m this mstrument DA TED Ttl..l-Y J. ;µ>~ . No MARJORIE E. BULL lary ~ub/rc, State of New York OuaMe~ 101 BU6055282 Commission fxp/tNesewF ~bork County , ""I e ruary 20, 20..l.U \\\DC-90310/0017. 1935654 v2 Amcod-Washmgton ( l:36) EU! Valley 13 -8- Pnnt Name mljfl.::roll.(e 8 , 6llt I NOTARY PUBLIC for the State of 1\16"11 I.foll.le. , res1dmg at New YDA-IL, /l/eW Yoll.L. My appomtment exp1res EXHIBIT A Legal Description The Legal Descnpt10n appears on the subsequent page Deed of Trust Recordmg Infonnat1on The Ongmal Deed of Trust, winch was recorded 3/4/02, under Recordmg Number20020304001994, Official Records ofKmg County, Washmgton. -9- \\\DC 90810/()(l\1 19356S4 v2 Amend-Wa,h,n~on (136) EU! Valley 13 20040823001360.010 20040823001360.011 EXHIBIT A Legal Description LOT 3 OF BURLINGTON NORTIIERN BINDING SITE PLAN (BSP-014-92), ACCORDING TO PLAT RECORDED IN VOLUME 161 OF PLA1S AT PAGES 8 TIIROUGH 11, UNDER RECORDING NO. 9206302696, IN YJNG COUl\'TY, WASHINGTON; EXCEPT 1HAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN LYING NORTII OF A L1NE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY LINE OF LOT 3 lllAT IS 23.80 FEET SOUTH OF 1HE NORTIIEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; TIIBNCE NORTII 88°09'51" WEST A DISTANCE OF 87552 FEET, MORE OR LESS, TO A POINT ON TilE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET SOU1H OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006.) 480870 Renton East Valley Seattle, WA , AFfER RECORDING MAIL TO: Name Skadden, Arps, Slate, Meagher & Flom LLP Address 300 South Grand Avenue, Suite 3400 City/State Los Angeles, CA 90071 Attn: Christina Schmidt 20110422000786.001 11111111111111111 l~tnE\!1i20001ss PAGE-001 OF 01a 74.00 04/22/2011 1S·23 KING COUNTY, UA --- Document Title(s): (or transactions contained herein) 1. SECOND AMENDMENT TO DEED OF TRUST ~ First American Title Insurance Company Reference Number(s) of Documents assigned or released: 20020304001994 Grantor(s): (Last name first, then first name and Initials) t. EASTGATE THEATRE, INC. Grantee(s): (Last name first, then first name and initials) 1STA~ ;1/(l #£/77/7/WAJf (this space for tft/e company 11se only) I. FIRST AMERICAN TITLE INSURANCE COMPANY 2. CREDIT SUISSE AG, ACTING THROUGH ITS CAYMAN ISLANDS BRANCH Abbreviated Legal Description as follows: (i.e. lot/block/plat or section/township/range/quaner/quaner) LOT 3, BURLINGTON NORTHERN BSP, REC. 9206302696 Assessor's Property Tax Parcel/Ac<ount Number(s): 125360-0030-03 I AM REQUESTING AN EMERGENCY NONSTANDARD RECORDING FOR AN ADDITIONALFEE AS PROVIDED IN RCW 36.18.010. I UNDERSTAND THAT THE RECORDING PROCESSING REQUIREMENTS MAY COVER UP OR OTHER WIST OBSCURE SOME PART OF THE TEXT OR THE ORIGINAL DOCUMENT. When Recorded Return To: Christina Schmidt Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 20110422000786.002 Please print or type information WASHINGTON STATE RECORDER' S COVER SHEET (RCW 65.04) Document Tille(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Second Amendment to Deed of Trusl The Deed of Trust was recorded under Recording Number , Official Records of King County, Washington, as amended by Amendment to Deed of Trust, which was recorded Recording Number . Official Records of King County, Washington. Reference Number(s) of Documents assigned or released n Addttional reference numbers on oaae no. of document Grantor(s) (Last name first, then first name and initials) 1. Eastgate Theatre, Inc. n Additional names on oaae no. of document Grantee(s) (Lest name first, then first name and Initials) 1. (Trustee) Flrat American Title Insurance Company 2. (Beneficiary) Credit Suisse AG, acting through Its Cayman Islands Branch n Additional names on caoe no. of document Legal Description (Abbreviated: I.e., lot, block, plat or section, township, range) Lot 3, Burlington Northern BSP, Rec. 9206302696 n Additional l""al on naae no. of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 n Assessor's Prooertv Tax Parcel/Account Number not vet assianed The Auditor/Recorder will rely on the information provided in the form. The staff will not read the document to verilv the accura= or comoleteness of the indexino information orovided herein. \\\OC. 090IHJIOOO(Ml • !9H6S4 115 Ame1ld -w,smn11QG (136) Eall Valley I} 64Sl71.01-Los Angeles Server 2A • MS~ . under ' 20110422000786.003 THIS Second Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, (this "Amendment") is executed as of Prs;:>ri\ ~. 2011 by EASTGA TE THEATRE, INC., an Oregon corporation ("Grantor'') whose address is c/o Regal Cinemas, Inc., 7132 Regal Lane, Knoxville, TN 37198 for the benefit of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (formerly known as Credit Suisse First Boston), as Administrative Agent ("Beneficiary") for the Lenders under the Credit Agreement more fully described and defined below, whose address is 11 Madison Avenue, New York, NY 10010- 3629. RECITALS WHEREAS, that certain Credit Agreement dated as of January 29, 2002 was entered into by and among Regal Cinemas Corporation and Regal Cinemas, Inc., as borrower, the Several Lenders from time to time party thereto; Lehman Brothers, Inc. as sole advisor, sole lead arranger and sole book manager; Lehman Commercial Paper Inc., as administrative agent ("Assignor"), and the other Agents referred to therein (the "Original Credit Agreement"); WHEREAS, that certain Guarantee and Collateral Agreement dated as of January 29, 2002 was entered into by and among Regal Cinemas Corporation, Regal Cinemas, Inc. and each of the Guarantors (as defined therein) (the "Original Guarantee and Collateral Agreement"); WHEREAS, pursuant to the terms of the Original Credit Agreement, Grant or did grant for the benefit of Assignor that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (as the same has been amended from time to time, the "Deed of Trust") upon the Mortgaged Property, as defined therein, which Deed of Trust (l) was recorded in the land records of that certain jurisdiction within which the Mortgaged Property is located, which recording information is set forth in Exhibit A attached hereto and made a part hereof and (2) encumbers, inter alia, the real property described in Exhibit A attached hereto and made a part hereof; WHEREAS, the Original Credit Agreement was amended and restated (a) pursuant to that certain Amended and Restated Credit Agreement dated as of August 12, 2002 (the "First Amendment"); (b) again pursuant to that certain Second Amended and Restated Credit Agreement dated as of June 6, 2003 {the "Second Amendment"), (c) again pursuant to that certain Third Amended and Restated Credit Agreement dated as of August 27, 2003 (the "Third Amendment"), (d) again pursuant to that certain Fourth Amended and Restated Credit Agreement dated as of May 10, 2004 (the "Fourth Amendment"), (e) again pursuant to that certain Fifth Amended and Restated Credit Agreement dated as of October 27, 2006 (as amended by the First Amendment, dated as of January 20, 2009) (the "Fifth Amendment"), (1) again pursuant to that certain Sixth Amended and Restated Credit Agreement dated as of May 19, 2010 (the "Sixth Amendment''), and (g) again pursuant to that certain Permitted Secured Refinancing Agreement dated as of February 23, 2011 (the "February 2011 Supplement"); WHEREAS, the Original Guarantee and Collateral Agreement was amended pursuant to that certain (a) Confirmation and Amendment Agreement dated as of August 12, 2002 (the "First \\l.OC·0901IIW00042· 1~S614v5 Aniad-W1&11l~on (IJ6) BAA Vdky ll 645171.01-Los Angeles Servcr2A. MSW -2- 20110422000786.004 Guarantee Amendment"); (b) again pursuant to that certain Confirmation and Amendment to Guarantee and Collateral Agreement dated as of June 6, 2003 (the "Second Guarantee Amendment"), ( c) again pursuant to that certain Confirmation and Amendment to Guarantee and Collateral Agreement dated as of August 27, 2003 (the "Third Guarantee Amendment"), (d) again pursuant to that certain Amended and Restated Guarantee and Collateral Agreement dated as of May I 0, 2004 (the "Fourth Guarantee Amendment"), and (e) again pursuant to that certain Second Amended and Restated Guarantee and Collateral Agreement dated as of May 19, 2010 (the "Fifth Guarantee Amendment"); WHEREAS, the Deed of Trust was amended pursuant to that certain Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of July 8, 2004 (the "First Mortgage Amendment"), which First Mortgage Amendment (I) was recorded in the land records of that certain jurisdiction within which the Mortgaged Property is located, which recording information is set forth in Exhibit A attached hereto and made a part hereof and (2) encumbers, inter alia, the real property described in Exhibit A attached hereto and made a part hereof; WHEREAS, pursuant to the Assignment of Beneficiary's Interest (the "Assignment"), dated as of July 8, 2004, Assignor did assign, convey, transfer and sell to Beneficiary, its successors and assigns all of Assignor's right, title and interest in the Deed of Trust, without recourse; and WHEREAS, Grantor and Beneficiary hereby desire to amend the Deed of Trust in order to amend certain defined terms and to provide notice of record (a) of the existence of the Fifth Amendment, the Sixth Amendment, the Fifth Guarantee Amendment and the February 2011 Supplement and (b) that the Deed of Trust now secures the Obligations under and as defined in the February 2011 Supplement, as it may be amended, modified, restated, consolidated, extended, renewed and replaced from time to time. NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants herein set forth, the parties hereto agree to amend the Deed of Trust as follows: 1. The foregoing recitals to this Amendment are hereby incorporated in and made a part of this Amendment to the same extent as if set forth in full herein. 2. Wherever used in the Deed of Trust or hereafter in this Amendment, the term "Credit Agreement" means the Sixth Amendment, as amended by the February 2011 Supplement, as. it may be further amended, modified, restated, consolidated, extended, revised or replaced from time to time. 3. The term "Guarantee and Collateral Agreement" means the Original Guarantee and Collateral Agreement, as amended by the First Guarantee Amendment, the Second Guarantee Amendment, the Third Guarantee Amendment, the Fourth Guarantee Amendment and the Fifth Guarantee Amendment, as it may be further amended, modified, restated consolidated, extended, revised or replaced from time to time. \\\DC• D90l1GIOOOOl2 • l9Hl1S4 ¥S Anwid-Wuhinsto,t(ll6}Eut Valley ll 64Si71.01-Los Angc::tes. Server 2A -MSW -3- 20110422000786.005 4. The term "Lien" shall be added as a defined term in Section I of the Deed of Trust and shall mean any lien, mortgage, pledge, assignment, hypothecation, claim, restriction, security interest, fixed or floating charge, or encumbrance of any kind (including any agreement to give any of the foregoing, any conditional sale or other title retention agreement, and any lease in the nature thereof) and any option, trust or other preferential arrangement having the practical effect of any of the foregoing. 5. The term "Mortgaged Property" shall exclude all personal property that is excluded under Section 3.2 of the Guaranty and Collateral Agreement from the security interest granted pursuant to Section 3 .I of the Guaranty and Collateral Agreement, but solely as and to the extent of such exclusion under such Section 3.2. 6. The term "Permitted Encumbrances" shall having the meaning given to the term Permitted Liens in the Credit Agreement. 7. The word "liens" in Section 3.1 of the Deed of Trust shall be replaced with the defined term "Liens". 8. The text of Section 3.2 of the Deed of Trust shall be deleted in its entirety and replaced with the following: "Grantor shall preserve and protect the first Lien status of this Deed of Trust and, if any Lien ( other than (i) unrecorded Liens permitted under Section 6.3 of the Credit Agreement that arise by operation of law, (ii) other Liens permitted under Sections 6.3(e) and 6.3(i) of the Credit Agreement, and (iii).other Liens which are currently being contested in good faith by appropriate proceedings and where reserves in conformity with GAAP with respect thereto have been provided on the books of Granter, so long as no foreclosure, sale or similar enforcement proceeding has been commenced in respect thereof) is asserted against a Mortgaged Property, promptly and at its expense, give Beneficiary a detailed written notice of such Lien and, to the extent not constituting a Permitted Encumbrance, pay the underlying claim in full or take such other action so as to cause it to be released or bonded over in a manner satisfactory to Beneficiary." 9. The phrase "lien(s) and security interest(s)" in Section 3.4 of the Deed of Trust shall be replaced with the defined term "Lien(s)". 10. The phrase "Except as permitted by the Credit Agreement," shall be added at the beginning of the first and second sentences in Section 3 .5 of the Deed of Trust. 11. The phrase "(but no more frequently than twice during any Fiscal Year and at the sole cost and expense of the Lenders, unless a Default or Event of Default shall have occurred and be continuing)" shall be added at the end of Section 3.6 of the Deed of Trust. 12. The word "lien" and the phrase "lien(s) and security interest(s)" in Section 4.4 of the Deed of Trust shall be replaced with the defined term "Lien(s)". \\\DC• 0908lOIOQ0042 ° l'J)S6S<I v5 Am~IICI~ WulunFon(l)6) Eu Valley ll 645171.0I-Los Angeles Server 2A • MSW -4- 20110422000786.006 13. The phrase "(excluding all personal property that is excluded under Section 3.2 of the Guaranty and Collateral Agreement from the security interest granted pursuant to Section 3.1 of the Guaranty and Collateral Agreement, but solely as and to the extent of such exclusion under such Section 3 .2)" shall be added to the second sentence in Section 6.1 of the Deed of Trust after the phrase "personal property". 14. The sentence "Notwithstanding anything to the contrary in this Section 6.2, unless otherwise approved by the Grantor (such approval not to be unreasonably withheld), no financing statement or financing statement amendment filed by or on behalf of the Beneficiary shall cover or purport to cover Digital Cinema Equipment (other than Subject Property (as defined in the Guaranty and Collateral Agreement))." shall be added after the first sentence in Section 6.2 of the Deed of Trust. 15. The addresses set forth in Section 7. I of the Deed of Trust shall be deleted in their entirety and replaced with the following: "lfto Grantor, c/o Regal Cinemas Corporation 713 2 Regal Lane Knoxville, TN 3 7918 Attention: Amy E. Miles, CEO Telecopy: (865) 922-3188 Telephone: (865) 925-1123 with a copy to: Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Attention: Gordon C. Wilson, Esq. Telecopy: (202) 637-5910 Telephone: (202) 637-5711 with an additional copy to: Regal Cinemas, Inc. 7132 Regal Lane Knoxville, TN 3 7918 Attention: General Counsel Telecopy: (865) 922-3188 Telephone: (865) 925-1123 If to Beneficiary, \\\DC. Ol!QiJMJ000,4l-19)S6S4 V, Amend-W11hing'lon ( 136} Ean Valley U 645171.01-Lm A[lgc:lcs Scrvcr2A. MSW -5- Credit Suisse AG, Cayman Island Branch 11 Madison A venue New York, New York 10010-3629 Attention: Telecopy: Telephone: with a copy to: Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue Los Angeles, California 90071 Attention: David C. Reamer, Esq. Telecopy: (212) 687-5600 Telephone: (213) 687-5000 20110422000786.007 16. The phrase "subject to Section 6.2 hereof," shall be added to the beginning of clause (c) in Section 7.3 of the Deed of Trust. 17. The phrase "liens and security interests" in Section 7.8 of the Deed of Trust shall be replaced with the defined tenn "Liens". 18. The parties hereto acknowledge and agree that the amendments made by this Amendment are in no way intended, nor shall they be deemed to modify, alter or change the priority of the lien of the Deed of Trust. The Deed of Trust, as hereby amended, is hereby ratified and confinned in all respects. From and after the date hereof, (a) the tenn Mortgage, as such tennis used in the Sixth Amendment, as amended by the February 2011 Supplement, shall be deemed to include this Amendment, and (b) the tenn "Deed of Trust" as such tennis used in the Deed of Trust shall mean the Deed of Trust as amended by this Amendment. 19. This Amendment may be executed in any number of multiple counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 20. This Amendment shall be governed by the laws of the state in which the Mortgaged Property is located. 21. Non-Agricultural Purpose. THE MORTGAGED PROPERTY IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -6- \\\t)C. 0901:IOl'OOOCMl-19l36S4 v5 A!Kftd-WW'linrioci (13-6) EUI Valley l) 64S171.0l-Los Angeles Server2A -MSW IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written Witnessed: By:. _________ _ Name:. _________ _ By: ________ _ Name:. _________ _ \\\DC· 090IIMN:IOCl42-l9l56S,4 d AmulwWMhh11FO•(ll6) EutVllltJ U 645\71 .OJ.to, AJl&cles SeMr2A • MSW GRANTOR: EASTGA TE THEATRE, INC. ~~~Sal) Title: Vice President & Secretary BENEFICIARY: CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: _________ _ Name: Bill O'Daly Title: Director By:·---------~ Name: Christopher Reo Day Title: Vice President -7- 20110422000786.008 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written Witnessed: By:._~~~~~~~~ Name: --------- W.DC • $OllOG>0041· 19JS6k d Mllld-Wullinp,,.(lJ6) t.. v~ 1) 64517l.01-Los AngelCJ Server 2A • MSW GRANTOR: EASTGATE THEATRE, INC. By: (Seal) Name: Peter B. Brandow Title: Vice President & Secretary BENEFICIARY: CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: ~-...---:::::::: Name: Bill O'Oaly Title: Director By:_C..::....__J __ \._----,L- Name: Christopher Reo Day · Title: Vice President -7- 20110422000786.009 ST A TE OF TENNESSEE ) ) ss. COUNTY OF KNOX ) Before me, the undersigned authority, a Notary Public in and for the State and County aforesaid, personally appeared Peter B. Brandow, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be Vice President and Secretary of Eastgate Theatre, Inc., an Oregon corporation, the within named bargainor, a corporation, and that (s)he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. Witness my hand and official seal at office this / if¥-day of _Apn·( 20Jl. ~s~~ Notary Public My Commission Expires: My commission expires: ____ J_a_nu_a_ry_2_1,_2_0_1s __ . \\\\IUlllt#/// ,,,,''ssA c"l ''1,,, .:,.: .... ~ ···-··· °'9.A ~ 20110422000786.010 ,~v .• •• V ~ §'~ .•• • STATE • ••• ~\ ~ : OF •. r '::. /§ : TENNESSEE : : :: ~ NOTARY : E ~ ~\, PUBLIC ••• • § ~ • .. ~-· ~ ... , ....... ,, ,, "'C ,, ,,,,, ~ ,,,, ,,,,,unn''' STA TE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I certify that I know or have satisfactory evidence that Bill O'Daly is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Director of Credit Suisse AG, Cayman Islands Branch to be his free and voluntary act of such parties for the uses and purposes mentioned in this instrument. DATED: PrPLIL IS:: M>I I ' MARJORIE E. BULL Notary Public, State of New York No. 01 BU6055282 Qualified in New York County ,... Commission Expires February 20, 20~ STA TE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Print Name: mAA,:ro/UG e>u I I NOTARY PUBLIC for the State of New York, residing at 1\161/1.0 1./o,UC,..{ Nr,;w YO/JJ~ My appointment expires: Dd--;;}D-1~ I certify that I know or have satisfactory evidence that Christopher Reo Day is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Vice President of Credit Suisse AG, Cayman Islands Branch to be his free and voluntary act of such parties for the uses and purposes mentioned in this instrument. DATED: ftffl4L lS:1 d-OJI MARJORIE E. BULL Notary Public, State of New York No. 01 BU60552B2 Qualified in New York County ,.. Commission Expires February 20, 2oJ:!... \\'DC-09011cr.-'CIOOl)f2 -19.lt6S4 d ~-WuJlbtaton(l)f)Ed: V&llcy t] 64St71.0l•l.os AnaclcsServcr 2A • MSW -9- PrintName: ll')A;11:;roLl6 f?JULl NOTARY PUBLIC for the State of New York, residing at · l\l'GW c{oOJC-1 NEVIi "(otUL My appointment expires: o~-';;J.,0-/ S' 20110422000786.011 EXHIBIT A Legal Description The Legal Description appears on the subsequent page. Deed of Trust Recording Information , 20110422000786.012 Deed of Trust, which was recorded 3/4/02, under Recording Number20020304001994, Official Records of King County, Washington. Amendment to Deed of Trust Recording Information Amendment to Deed of Trust, which was recorded 1/J.1/olf: , under Recording NumberJbOI/Oi¢3(){)J;6fJ. Official Records of King County; Washington. \\\DC-090IIOIOO()(M2. l!itJj4S4 d Amcnd-Washinp1m {1)6) Eut Valley IJ 64517l.Ol•LCIS Angeles Scrver2A -MSW -JO- EXHIBIT A Legal Description . ,20110422000786.013 LOT 3 OF BURLINGTON NORtl!ERN BINDINO SITE PlAN (BSP-014-92), ACCORDINO TO PLAT RECORDED IN VOLUME 161 OF PLATS AT PAOES 8 llfROUOH II, UNDER RECORDINO NO. 9206302696, IN Y..JNO COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 3 OF SAJD BINDINO srra PLAN LYINO NORnl OF A LINE DESCRIBED AS FOLLOWS: COMMENCINO AT A POINT ON THE EAS'Il:RLY LINE OF LOT 3 THAT IS 23.80 FEET soum OF THE NORllfEAST CORNER OF LOT 3 OF SAJD BINDING SITE PLAN; 11iENCE NORllt 88"09'51" WEST A DISTANCE OF 875.52 FEET, MORE OR LESS, TO A POINT ON THE WESTEllLY LINE OF SAID I.OT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET soum OF THE OR101NAL NORTHWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUS'Th!ENT MAP RECORDED UNDER KINO COUNIT RECORDINO NO. 9511299006.) 480870 Renton East Valley Seattle, WA ® OS CHICAGO Tl E COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: {206)628-5610 FAX: (206)628-9717 ORDER NO: YOUR NO: UNIT NO: LOAN NO: 001354998 CARMAX NBU 00002510-57 06 SUPPLEMENTAL COMMITMENT C~TY c,r K.~:.; ~--.-)?.J 0 R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 1 OF THE SECOND COMMITMENT. EASTGATE THEATRE. INC .. AN OREGON CORPORATION CARMAX AUTO SUPERSTORES WEST COAST, INC 3751 EAST VALLEY ROAD RENTON, WASHINGTON 98055 Our Title Commitment dated 11/17/14 at 8:00 A.M. is supplemented as fol lows: OT PARAGRAPH NUMBER(S) 26 HAS (HAVE) BEEN AMENDED AS FOLLOWS: DV Ill DX THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE NOVEMBER 17, 2014, EXCEPT THE MATTERS NOTED HEREINABOVE. THE COMMITMENT EFFECTIVE DATE IS HEREBY AMENDED TO BE DECEMBER 30, 2014. JANUARY 9, 2015 AUTHORIZED BY: KEITH EISENBREY SUPPLCOM/RLJA/0999 CHICAGO TITLE COMPANY 101 FIFTH AVENUE, #2300, SEATTLE, WA 98104 A.LT.A. COMMITMENT SCHEDULE A SECOND COMMITMENT Order No.: 1354998 Title Unit: U-06 CustomerNumber: CARMAX NBU 00002510-57 Phone: (206)628-5610 (206)628-9717 Buyer(s): CARMAX AUTO SUPERSTORES WEST COAST, I NC Fax: Officer: HAINEY /CAMPBELL/EISENBREY /URMSTON/MILLER Commitment Effective Date: NOVEMBER 17, 2014 1 . Policy or Policies to be issued: at 8:00A.M. ALTA Owner's Policy Amount: $9, 250, 000. 00 EXTENDED POLICY (6/17/2006) OWNERS EXTENDED RATE/ NON-RESIDENTIAL PRIOR POLICY RATE Premium: $13,107.00 Tax: $ 1 , 245 . 17 COMBINATION RATE Proposed Insured: CARMAX AUTO SUPERSTORES WEST COAST, INC., A VIRGINIA CORPORATION Policy or Policies to be issued: ALT A Loan Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $0. oo Premium: Tax: Amount: $0 . 00 Premium: Tax: 2 The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: EASTGATE THEATRE, INC., AN OREGON CORPORATION 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT COMMA805/KLC/l l.l.0S CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: 1354998 Your No.: CARIIAX NBU 00002510-57 LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 3, BURLINGTON NORTHERN, A BINDING SITE PLAN, (BSP-014-92) ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11, INCLUSIVE, IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF LOT 3, OF SAID BINDING SITE PLAN, LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3, OF SAID BINDING SITE PLAN, THENCE NORTH 88°09'51" WEST A DISTANCE OF 875.52 FEET. MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; ALSO KNOWN AS NEW LOT 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-94-157-LLA, RECORDED UNDER KING COUNTY RECORDING NUMBER 9511299006; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. CLTACMA6/RDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WlTACOMB bk 05/17/07 CHICAGO TITLE COMPANY A.LT.A. COMMITMENT SCHEDULEB ( Continued) Order No.: 001354998 Your No.: SPECIAL EXCEPTIONS CE F. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL. A 1. EASEMENT PROVISIONS CONTAINED IN THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, AS FOLLOWS: A LANDSCAPING AND UTILITY EASEMENT IS HERE RESERVED 15 FEET IN WIDTH ADJOINING EAST VALLEY HIGHWAY AND S.W. 43RD STREET AND 10 FEET IN WIDTH ADJOINING ALL OTHER STREETS SHOWN HEREON. B SAID EASEMENT ALSO APPEARS OF RECORD UNDER LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 8602139001, AND BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 9206302696, AND LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. C NOTE: OTHER EASEMENTS SHOWN ON THE FACE OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, HAVE BEEN RELEASED AS TO SAID PREMISES BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 9206230604, 9206302692, 9206302695 & 9207150861. D 2. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 8602139001. PURPOSE: AREA AFFECTED: LANDSCAPE AND UTILITY A STRIP OF LAND 10 FEET IN WIDTH ADJOINING S.W. 41ST STREET E 3. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE BINDING SITE PLAN. PURPOSE: AREA AFFECTED: UTILITY A STRIP OF LAND 20 FEET IN WIDTH ALONG THE SOUTHERLY BOUNDARY OF WEST 394.27 FEET F NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER CLTACMBI/RDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB ( Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS 9511299006. G 4. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE BINDING SITE PLAN. PURPOSE: AREA AFFECTED: NOT DISCLOSED A STRIP OF LAND 10 FEET IN WIDTH ADJOINING EAST LINE OF LOT 4 AND NORTH LINE OF LOTS 4 AND 6 H NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006 AND IS IDENTIFIED AS "UTILITY". 5. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE BINDING SITE PLAN. PURPOSE: AREA AFFECTED: ACCESS AND UTILITY THAT STRIP OF LAND OF LOT 3 LYING BETWEEN LOTS 4 AND 6 J NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. K 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: ROADWAYS, WALKWAYS, INGRESS AND EGRESS, ACCESS; PARKING AND USE OF FACILITIES INSTALLED COMMON AREA AS LOCATED AND DESCRIBED ON THE ATTACHED SITE PLAN OF SAID INSTRUMENT JUNE 30, 1992 9206302702 L SAID EASEMENT HAS BEEN MODIFIED BY MODIFICATION RECORDED UNDER RECORDING NUMBER 9602081399. CLTACMB2/RDA/0999 CHICAGO TITLE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS M SAID INSTRUMENT CONTAINS PROVISIONS FOR BEARING THE COST OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE RECIPROCAL EASEMENTS BY THE USERS. N 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON PUBLIC UTILITIES STRIP OF LAND 15 FEET IN WIDTH DESCRIBED IN SAID INSTRUMENT NOVEMBER 20, 1995 9511200895 0 NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. P 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON ACCESS, INGRESS AND EGRESS TO INSPECT THE WETLANDS AREA DRIVEWAYS AND ROADWAYS NOVEMBER 20, 1995 9511200895 Q 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON INGRESS AND EGRESS, UTILITY AND DRAINAGE AND TEMPORARY GRADING NORTHERLY PORTION AS DELINEATED NOVEMBER 20, 1995 9511200895 R NOTE ON MAP ATTACHED TO SAID INSTRUMENT "EASEMENT IS RESERVED UPON RECORDING OF THIS DOCUMENT". S NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED DN THE FACE CLTACMB2/RDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. T 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: PURPOSE: AFFECTS: RECORDED: RECORDING NUMBER: MAP ATTACHED TO SAID INSTRUMENT UTILITY EAST 10 FEET NOVEMBER 20, 1995 9511200895 U NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. V 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON SIDEWALK SOUTH AND EAST 15 FEET OF SAID LOT SEPTEMBER 18, 1996 9609181459 W 12. EASEMENT ANO THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON UTILITIES STRIP OF LAND 15 FEET IN WIDTH DESCRIBED IN SAID INSTRUMENT SEPTEMBER 18, 1996 9609181461 X 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: CITY OF RENTON WETLANDS PRESERVATION AND MONITORING PORTIONS DESCRIBED AND DELINEATED IN SAID INSTRUMENT SEPTEMBER 18, 1996 CLTACMBURDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB RECORDING NUMBER: (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS 9609181463 Y 14. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND QUIT CLAIM OF CERTAIN PARKING EASEMENTS: BY AND BETWEEN: AND: RECORDED: RECORDING NUMBER: Z 15. RESERVATIONS CONTAINED IN DEEDS: RECORDED: RECORDING NUMBERS: HCWA REALTY CORP., A WASHINGTON CORPORATION EASTGATE THEATRE, INC., AN OREGON CORPORATION FEBRUARY 8, 1996 9602081398 MARCH 7, 1955 4547626, 4547627, 4547628, 4547629, 4547630, 4547631 AND 4547632, INCLUSIVE AS FOLLOWS: RESERVING UNTO THE FIRST PARTY THE RIGHT TO RETAIN 50 PER CENT OF ANY AND ALL ROYALTIES WHICH MAY BE DERIVED FROM ALL OIL PRODUCED ON OR FROM SAID PROPERTY. AA AFFECTS: PORTION OF SAID PREMISES IN NORTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 23 N, RANGE 5 EAST. W.M. AB 16. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: MAY 4, 1981 8105040070 CLiACMBURDA/0999 CHICAGO TITLE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS AC AFFECTS: PORTION OF THE SOUTH 24 FEET OF LOT 3 WHICH IS WITHIN THE ORIGINAL LOT 6 OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON AD 17. RESTRICTIONS CONTAINED IN THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, AS FOLLOWS: NO TRACT OR PORTION OF A TRACT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHERE BY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. AE NOTE: OTHER RESTRICTIONS SHOWN ON THE FACE OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, HAVE BEEN RELEASED AS TO SAID PREMISES BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9206302694. AF 18. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: JUNE 30, 1992 9206302702 AG AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS: RECORDED: RECORDING NUMBER: FEBRUARY 8, 1996 9602081399 DR IT IS OUR UNDERSTANDING THAT A MODIFICATION OF THE ABOVE INSTRUMENT WILL BE RECORDED AT CLOSING. THE FOLLOWING NOTE WILL APPEAR IN THE POLICY: CLTACMB2/RDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB ( Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS SAID INSTRUMENT HAS BEEN MODIFIED BY SECOND AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT RECORDED UNDER RECORDING NUMBER-~~~~- AH 19. DEDICATION CONTAINED IN THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, AS FOLLOWS: KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON. FOLLOWING THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON, NO DRAINAGE WATERS ON ANY LOT OR LOTS SHALL BE DIVERTED OR BLOCKED FROM THEIR NATURAL COURSE SO AS TO DISCHARGE UPON ANY PUBLIC RIGHTS OF WAY OR TO HAMPER PROPER DRAINAGE. ANY ENCLOSING OF DRAINAGE WATERS IN CULVERTS OR DRAINS OR RE-ROUTING THEREOF ACROSS ANY LOT, AS MAY BE UNDERTAKEN BY OR FOR THE OWNER OF ANY LOT, SHALL BE DONE BY AND AT THE EXPENSE OF SUCH OWNER. Al 20. DEDICATION CONTAINED IN THE PLAT OF BURLINGTON NORTHERN, A BINDING SITE PLAN, AS FOLLOWS: KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON. AJ 21. NOTES CONTAINED ON THE FACE OF THE BINDING SITE PLAN AS FOLLOWS: DEVELOPMENT OR CONSTRUCTION OF ANY IMPROVEMENTS UPON THE REAL PROPERTY HEREIN DESCRIBED SHALL BE IN ACCORDANCE WITH THE BINDING SITE PLAN APPROVED BY THE CITY OF RENTON ON MAY 21, 1992, AND THE (FINAL PLAT) (FINAL PLANNED UNIT DEVELOPMENT) APPROVED BY THE CITY OF RENTON ON N/A, 19_. THIS BINDING SITE PLAN AND ALL OF ITS REQUIREMENTS SHALL BE LEGALLY CLTACMB2/ROA/0999 CHICAGO TITLE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS ENFORCEABLE ON ANY PURCHASER OR OTHER PERSON ACQUIRING AN INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY AND ALL PORTIONS OF THE PROPERTY IN THIS BINDING SITE PLAN ARE SUBJECT TO SETBACK REQUIREMENTS OF CITY OF RENTON SUBDIVISION ORDINANCE. AK AFFECTS : I NCLUDES OTHER PROPERTY AL 22. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: RECORDED: RECORDING NUMBER: REGARDING: AM AFFECTS: INCLUDES OTHER PROPERTY HCWA REALTY CORP., A WASHINGTON CORPORATION NOVEMBER 20, 1995 9511200897 BUILDING LOCATION AN 23. CONDEMNATION OF ACCESS TO STATE HIGHWAY NUMBER 5 (EAST VALLEY HIGHWAY) AND OF LIGHT, VIEW AND AIR BY KING COUNTY DECREE TO THE STATE OF WASHINGTON: ENTERED: SUPERIOR COURT CAUSE NUMBER: MARCH 20, 1995 570903 AO SAID "CONDEMNATION OF ACCESS" ALSO APPEARS OF RECORD IN BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 9206302696 AND LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER(S) 9511299006. AP 24. RELEASE OF ACCESS TO S.W. 41ST STREET BY DEED TO THE STATE OF WASHINGTON: RECORDED: RECORDING NUMBER: MAY 8, 1980 8005080581 AQ SAID "RELEASE OF ACCESS" ALSO APPEARS OF RECORD IN BI ND I NG SITE PLAN RECORDED UNDER RECORDING NUMBER 9206302696 AND LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUM8ER(S) 9511299006. CLTACMBZ/RDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB ( Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS AR 25. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIREO. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF RENTON. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. (NOTE: A DEED EXEMPT FROM EXCISE TAX IS STILL SUBJECT TO THE $5.00 TECHNOLOGY FEE AND AN ADDITIONAL $5.00 AFFIDAVIT PROCESSING FEE). BX 26. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2014 125360-0030-03 2100 $5,884,000.00 $3,616,000.00 BILLED: PAID: UNPAID: $ 135, 843 . 10 $ 135, 843 . 10 $ 0.00 AT 27. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: EASTGATE THEATRE, INC., AN OREGON CORPORATION FIRST AMERICAN TITLE INSURANCE COMPANY LEHMAN COMMERCIAL PAPER INC., A NEW YORK CORPORATION $ SEE DOCUMENT JANUARY 29, 2002 CLTACMBl/RDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARIIAX NBU 00002510-57 RECORDED: RECORDING NUMBER: SPECIAL EXCEPTIONS MARCH 4, 2002 20020304001994 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AU ASSIGNMENT OF SAID DEED OF TRUST: DATED: RECORDED: RECORDING NUMBER: ASSIGNEE: JULY 8, 2004 AUGUST 23, 2004 20040823001359 CREDIT SUISSE FIRST BOSTON AV MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: DATED: RECORDED: RECORDING NUMBER: JULY 8, 2004 AUGUST 23, 2004 20040823001360 AW MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: DATED: RECORDED: RECORDING NUMBER: APRIL 15, 2011 APRIL 22, 2011 20110422000786 AX 28. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON SAID PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. AV 29. THE PROPOSED CONVEYANCE MUST BE AUTHORIZED BY RESOLUTION OF THE DIRECTORS OF THE FOLLOWING NAMED CORPORATION AND A COPY SUBMITTED: EASTGATE THEATRE, INC., AN OREGON CORPORATION. BE 30. RIGHT, TITLE AND INTEREST OF ACT II I THEATRES, PRESUMED BY THE KING CLTACMBURDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS COUNTY TAX ROLLS TO HAVE AN INTEREST IN SAID PREMISES. BF NOTE: SAID INTEREST, IF ANY, IS SUBJECT TO THE FOLLOWING MATTER(S) SHOWN AT PARAGRAPH(S) 31 AND 32. BG 31. THE PROPOSED CONVEYANCE MUST BE AUTHORIZED BY RESOLUTION OF THE DIRECTORS OF THE FOLLOWING NAMED CORPORATION AND A COPY SUBMITTED: ACT I I I THEATRES BH 32. WE FIND NO CORPORATION UNDER THE NAME OF ACT I I I THEATRES ON THE LIST OF ACTIVE CORPORATIONS IN THE OFFICE OF THE SECRETARY OF STATE. IT MAY NOT BE A LEGAL ENTITY CAPABLE OF HOLDING AN INTEREST IN REAL PROPERTY. EVIDENCE OF THE EXISTENCE OF SAID CORPORATION MUST BE SUBMITTED. DK 33. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. DL 34. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. BB 35. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. BC 36. IMPORTANT!! THIS TRANSACTION HAS NOT BEEN APPROVED FOR INSURANCE AGAINST UNRECORDED LABOR AND MATERIAL LIEN RIGHTS NOR FOR MATTERS THAT COULD BE DISCLOSED BY AN ACCURATE AND COMPLETE SURVEY OF THE LAND. YOU MAY NOT CLOSE UNTIL YOU HAVE RECEIVED A SUPPLEMENTAL FROM THE TITLE UNIT ADDRESSING THIS PARAGRAPH! TO PROVIDE AN EXTENDED COVERAGE OWNER'S POLICY GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. GENERAL EXCEPTIONS E THROUGH H WILL REMAIN IN THE OWNER'S POLICY TO ISSUE. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. IF THE ANTICIPATED CLOSING DATE IS LESS THAN 4 WEEKS FROM THE DATE OF THIS COMMITMENT, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. DO 37. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. CLTACMBURDA/0999 CHICAGO TITLE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS CA 38. MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY PACE, DATED FEBRUARY 11, 2014, UNDER JOB NO. 13520.10 AS FOLLOWS: A. LOCATION OF FENCES IN RELATION TO THE NORTH. WEST, AND SOUTHWEST LINES, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. Bl NOTE 1: ANY MAP FURNISHED WITH THIS COMMITMENT IS FOR CONVENIENCE IN LOCATING THE LAND INDICATED HEREIN WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE THEREON. BJ NOTE 2: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.KINGCOUNTY.GOV/BUSINESS/RECORDERS.ASPX AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 3 CITY OF RENTON LOT LINE ADJUSTMENT REC.# 9511299006. BK NOTE 3: THE PREMIUM FOR THE EXTENDED COVERAGE OWNER'S POLICY IS ITEMIZED AS FOLLOWS: DESCRIPTION STANDARD COVERAGE: SALES TAX: EXTENDED COVERAGE SURCHARGE: SALES TAX ON SURCHARGE: TOTAL PREMIUM, INCLUDING TAX: AMOUNT $ 9,437.00 $ 896.52 $ 3,670.00 $ 348.65 $ 14,352.17 CLTACMB2/RDA/0999 CHICAGO TITLE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1354998 Your No.: CARMAX NBU 00002510-57 SPECIAL EXCEPTIONS YOUR INVOICE, TO FOLLOW, WILL CONTAIN THE FOLLOWING CHARGES: INSPECTION CHARGE: SALES TAX: TOTAL CHARGES, INCLUDING TAX: BM NOTE 4: $ $ 230.00 21.85 $14,604.02 IN THE EVENT THE OWNER'S POLICY COVERAGE IS CHANGED FROM EXTENDED TO STANDARD COVERAGE A CHARGE OF $230.00, PLUS $21.85 SALES TAX, WILL BE ADDED TO COVER THE COSTS RELATING TO THE EXTENDED COVERAGE INSPECTION. END OF SCHEDULE B CLTACMBURDA/0999 RECEIPT EG00037728 BILLING CONTACT Mike Creekmore CarMax Auto Superstores 12800 Tuckahoe Creek Pkwy Richmond, VA 23238 REFERENCE NUMBER FEE NAME LUA 15-00028B Copies/Booklets/Plans -Public Records Request PLAN -Environmental Review PLAN -Modification PLAN -Site Plan Review -HEX PLAN -Variance Technology Fee Printed On: April 30, 2015 Prepared By: Rocale Timmons TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Fee Payment Fee Payment Fee Payment of Transaction Date: April 30, 2015 PAYMENT METHOD AMOUNT PAID Check $0.50 #0005654420 Check $1,000.00 #0005654420 Check $450.00 #0005654420 Check $2,500.00 #0005654420 Check $1,200.00 #0005654420 Check $154.50 #0005654420 SUBTOTAL $5,305.00 TOTAL $5,305.00 RECElVf:D Page 1 of 1