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Home My WebLink AboutLUA99-064 • • • ;rt ,t. it q, � ,� Ti ___,• M �� Hi• , ,s,f1 , iiii ''I, . 11,ii,e,.. Ai ..t. ti 1 i i r 1 ;' ' I! • i 141..6 *N"''1 .. . • . • oi > n,r( j �ii • . .. j �� 1 •' --I—.:'1\QPIh6'*1'rl'L:TJdl,tl { y., «-•r ', . ;N... .r:.111y�`•' eg M''••�' (�, � -,• a:.), r I BLACK ANGUS RESTAURANT #4 ARCHITECTS - r.rl A COMMERCIAL PROJECT FOR ..id AL We w'y c American Reeteurent Group MS 14.1.0 Sap •Sear wnuO,. . er . 450 Newport Drive '.^"00' ...ae4'r •. �b�• Newport Beach CA 92680 er PRQJECT_DATA_ -- __ -- , ZONING' CA (Commercial Arterial) Tom\\ SITE AREA s�f ACRES 71111.111.11°N — BUILDING AREA 6,700 S.F. I ; I I / ' NU CONSTRUCTION TYPE VN(Sprinkled) --- ,,,,/ OCCUPANCY USE A•3 US _ a SEISMIC ZONE 3 ___ LAND TO BUILDING RATIO 6.271 I -— BUILDING COVERAGE 13% PARKING REQUIRED BY CITY 67 : I 10 BLACK !I (vloo GROSS SQ FT) HI - ANGUS TOTAL PARKING PROVIDED 67 _ 6,700 SF 1 / / HANDICAP STALLS 4 I l 's:1 \�J/ STANDARD STALLS 63 i -� ,I I i1 • I 1. i I 14 I �L waaart IL - / i W • J r, , ,. , ,, , T � I1 6 1:.8 , ; 1 Ii Q r .„ , , • . . , ,...,, . 7___ -)\ • /( Im Lin • i 1 ',• - �� I i i 11 w- 4 0 _17 ( 1 I 1 i mo ° This in:minim axl Client,Tenant is conceptual ,A.Iency a PRELIMINARY SITE PLAN W M'kind a!given v Implied M the Architect. PAGE 3 'limlil BLACK ANGUS RESTAURANT #0-- EAST VALLEY HWY & 41ST STREET " RENTON, WASHINGTON ARCHITECTS A COMMERCIAL PROJECT FOR. 785 AMA.t Weer American Restaurant Group• .is's`-;.;,,u�'L'lir°"1u fax,�sv:+isw 450 Newport Drive Newport Beach, CA 92660 la • ee T.O.RIDGE ; •I'!!..'- . 7 I. LI �_- -_ J _ ___ _—._ _ _ _ T.O.PARAPET • J • El■ 0'-a. FlN.FLR. • Aft Lk eu v IL/ v MT BACK ELEVATION FRONT ELEVATION ' e e T.O.PARAPET , IIIII♦ --_-.. _ .__ • .1111"6l . ..�� Sil 8BOM T.O.WALL y ,• ...., . • Mitiii;11 I f INK. ',I FIN. FLR. RIGHT SIDE ELEVATION LEFT SIDE ELEVATION COLOR AND MATERIAL LEGEND KI 0fM01"1N1pi` Q oolmrn wLaN Gregg E MMNL r.O IAlAA�Naggpp�� ME pMAI MAIM =LyO�Sr��l ilpp iTCC�� A 515505 CEMENT ' EOOSNE E p%-Fl} N MINE RAT m AOaaf YG1TZeILS E RASIERR'�w r 2 AP W'CRIMSON J MUM METAL SLAM PAW SLA . REO"C ppp6/MAlES c Moe vs 3 "room-LA MAIM/a-TZ N /aNNO iliALW 10 ERAZEE/!Flit "vnMO50R TAO p ANN�Nc s anl1.'r'l DCO' (cwaCE=OR) yI�I�nett(pryµ L RE. I I I S 111L"REV E G 1'''''FEO S PNIEL r MSUTAIEOI 0 STORE£ROwt 13- YENS This Information is conceptual and is subject to adjustments pending further.eflcadon F Et POSED WOOD gxamuocur. I J And aisle,Tenant and Governmental Agency approvals,No warranties or guarantees o S. RED CR of any kind are gh'en or implied by the Architect Fl We- Ew ED -,r- BLACK ANGUS RESTAURANT EAST VALLEY HWY & 41ST STREET #4 ait� ,, RENTON, WASHINGTON ARCHITECTS • p.rd Mn I - A COha.EROAL PROJECT FOR URw 11, II IN husk.Sans Cledri. ■ American Restaurant Group EMm""a E061 0 FOAMY N 450 Newport Drive11S974.6001lea a1ST1 Newport Beach, CA 92660 f f , 01" all 6 iiiimm .1 -amimmigimmmmiA 5 2 4 1 BLACK ANGUS RESTAURANT EAST VALLEY HWY & 41ST STREET RENTON, WASHINGTON 98.583.01 COLOR AND MATERIAL BOARD mcg architecture — COLOR AND MATERIAL LIST 1. EXTERIOR CEMENT PLASTER LA HABRA #X-73 EGGSHELL 2. WAINSCOTT TO MATCH FRAZEE #8275 "ROUND UP" 3. ROOF-TILES UNITED STATES TILE CO. UNITED MISSION RED SINGLE "S" TILE 4. CORNICE PAINT TO MATCH FRAZEE #5714D "WINDSOR TAN" 5, EXPOSED WOOD "CABOT" RED CEDAR STAIN 6. AWNING SUNBRELLA CRIMSON RED #8603 of ---- e.....r...w.�......,_�,......�._.raw.........u......._,vs.sr...e..r...w..xw.aeu.rmw.ay!.nar.v.cvc.olvs. laIr1='aVu1:?5ilac'ffwCYaYY!!11i:N.SfY+^.1:_-.`>.:SrIPJ[Atia.,PPICSMY.w.l. 1.t4"._. •_(• 0 0 00 D 1,, ...2( LiAm U D /C EAS I VALLEY HWY L1S: STRIIET KREN-iel N, WAS H I N CT N -- ,• f ,„ ,_ ..... A COMMERCIAL PROJECT FOR: `` American Restaurant Group 450 Newport Drive Newport Beach, CA 92660 INDEX ARCHITECTURAL _j. SHEET 1 TITLE SHEET r9 SHEET 2 REFERENCE PLANS AND VICINITY MAP SHEET 3 PRELIMINARY SITE PLAN 0- SHEET 4 FLOOR PLAN SHEET 5 BUILDING ELEVATION SHEET 6 BUILDING SECTION LANDSCAPINGN. SHEET L1 LANDSCAPE PLAN SHEEP L2 IRRIGATION PLAN r . #4 Sled libr ME ARCHITECTS s P.0111a, 000101 785 Market Street 0m•if San Francisco,California 94103-2016 Mt 10 MUM WI 415.974.6002 fax 415.974.1556 1998 �; _ O ® Q . Q© l A ,��r (P (_,��flI Il((i I I L A,,'T� v �� rv>Ar_ 1 , —^ _ H .-° '-''' .''' II-r 4 . - - i 1 • • • . . , .,; . , L, _. . . , 11___J+J_J ____J,J,---,, _, _ ... __ . ii c , . ..s., 9 ,-.0 ` Limosem =cm • • • • 34 © -- __ i O I CI) CI) - o rl O A FLOOR PLAN PAGE 4 im61009 BLACK ANGUS RESTAURANT #4 o . a 16 EAST VALLEY HWY & 41ST STREET `%"Th` F1Ddt�" RENTON WASHINGTON ARCHITECTS Saab 1,4.•Td Rubel No, 91583A, Draw EN, CG A C06f.EROAL F'RO, CT FOR 785 Market Sheet Nam B! IFSan Fnntaco.C.Alonia 94103.2016 Dale kb lyyy American Restaurant Group .lsm.aooz fax.s9.is56 450 Newport Drive Newport Beach, CA 92660 si CRISS CO.imr RAMC I J a La b b iLb OG _ b O ¢r a® D©R O/t ....a.,. 5g I oi _I BUILDING SECTION PAGE 6 n..r BLACK ANGUS RESTAURANT #4 D 2 ' e EAST VALLEY HWY & 41ST STREET a9» g RENTON, WASHINGTON ARCHITECTS Scale Vr.l'-P ProjectNo: 98591.01 Oren B'_ CC A COM.ERCIAL PROJECT FOR 785 Market Street Chided NF San hamsco,C 5fania 94103.2016 Dole: Feb 1999 American Restaurant Group 415.974.6002 tea 415.974.1556 450 Newport Drive Newport Beach, CA 92660 .• '.j° _,,... .., „ • . --- •— _ - - I 1 IORIVE PROTECT DATA -w----- A w--- :Y ZONING CA - 599.09'51-E-22795' (Commercial -- -b . — ArteriaU SITE AREA 48 718 S.F. \ -1.151 ACRES \ ..... •�5 � SuvKE I BUILDING AREA 6,700 S.F. AgE. CONSTRUCTION TYPE VN(Sprinkled) _ --— OCCUPANCY USE A-3 GREASE 3 ' SEISMIC ZONE 3 IMP \ „s a LAND TO BUILDING RATIO: 6271 14^ BUILDING COVERAGE: 13% 10 BLACK s. PARKING REQUIRED BY CITY 67 , MOO GROSS SQ FT) ) ANGUS l� s I TOTAL PARKING PROVIDED 67 — 6,700 S F V I I Q HANDICAP STALLS 4 �--�� STANDARD STALLS 63 v I 14's LVAISGVE MIA /--\ V. / 5 .-] — ! Igi < <1 r , 6 — v-••••8 I �.. , L.. I 1, �\ I til AREA OF Fi ��CONSTRUCTION ^ i! .... . • 4 17 'I L!-I :1 • 1-- ,:::: I 1I anThd Cie,Tenant ad CC�mm�en and tal Agen`cytOapRpwa`�`k No°w`rrantiesding``o`guarra`aReeesti0f I PRELIMINARY SITE PLAN of any kid are given or implied a the A � PAGE 3 CBMile. BLACK ANGUS RESTAURANT ,/e‘ Ia .c LAS I VALLEY I-1W Y & 4 IS I J I REET SW Mc ,�.RAI�-0 RENTON, WASHINGTON ARCHITECTS Soak NO By IM,WI CK ClaaaA COM.ERCIAL PROJECT FOR - NF,% 785 Market Street DottL[igi' K J San Franvsco,CaNmia 94103.2016Amery 199y American RestaurantGroup4159746002 fax 415974.1556 450 Newport Drive , Newport Beach, CA 92660 v v e e e e e e e e e i e1 t 2RIDGE _ !'-, T.O.RIDGE T.O.PARAPET / (.- - � , ' w, t o._� gill. L up I I I I _. �nN.FLR. AM Ill e e FRONT ELEVATION BACK ELEVATION r riermisii.alisim 18•_0' I T.O.PARAPET _ �:�. Jr 1 —� � — 0 T.O.WALL -- �' 4. 1 [ l'..4N '' nN.FLR. LEFT SIDE ELEVATION RIGHT SIDE ELEVATION COLOR AND MATERIAL LEGEND RS. 0FM0151P°°" Q DEMOTES Wton 05BG 1NilBIEL DAR�AR �gn� 000B 00 LOLce A MR CEMENT 1 1 EWS aNEtl/a-75 N w°�i1r MT a .PaucE'x MWi,TiFAws 5 ROTA51E LE.,,MiSL�'OT l TILESR Ng�IU(]MM5ON J OOOR RUAIESS. 9 PANT EVEN EQ/SS c ROOFtEs 3 'ADOBE er NraBA/a-Tz ICAWNING{PANE 10 i /S o 4 O AWNINGC.,.. ��( O. 00505(WINCE WC COLOR) p L NEON 11 15 lift'NV E 8LSSb/'PETEp 5 Po Gi.OSU(q1SEV)[L M STOME3ACN1 12- This nforati n is conceptual and is subject to adjustments pending further venf.cation F EXPOSED M`� 6 t'Sus Upr,y, ,O- Ad Client,Tenant and alAgency No warrant.cr guarantees S osoo 1 1 MIOY RED CEDAR ELEVATIONS of any land are given or implied by the Aid itect ¢SfNUCf PAGE 5 1ED I I' la 1-.r -1 BLACK ANGUS RESTAURANT EAST VALLEY HWY & 41ST STREET #4 Scotr- RENTON, WASHINGTON ARCHITECTS Nei.R A COMERCIAL PROJECT FOR Non Ni NW 1a5 whet Sven Omni x W American Restaurant Group San Iran. ,C 0ne4e 9e103301e IMW 450 Newport Drive 41591A5°02 fax a,3.91e.1556 ., Newport Beach, CA 92660 SW 1/4 SEC. 30, TWP. 23 N., RGE. 5 E., W.M. i li11111111111 '� . ——=�—=-- 1 °`�' 4 k. �_� Z--- i LAM �.fiTM w . :mom!"^` .A EX HOME BASE/ACR.Ill DRIdiFJ _ • -- T d� sseroa'st E-sues t — Q _._-_ -fir--Rk a _ r •.�11 `�,,� O e Mli ® \ 1 I I`.r./'..— I . kJ ; Art PP V xD.PANlit ( I.rrrrn f`m.,. .I _1 A� I i Q m s ' 1 ' 1 I I :J K J t 1 -_-..��•• <1'r..w r ,J I. SERNLE N,1 , .I # ' a VICINITY MAP it •^ \ :o.-- ,-• _.v-•rAr,A •-,,\ ; nor TO scar } ,,, I�Ag�,R."(�a/ i..... �'" a i •• W I l�' PROJECT DATA `� a I lRNTr �.�. I i _i<w zD,eNc A ) de' `r `,'. A• _( ,, __f---..'_ ii _._ — SIE AREA .Ola \5 N Z >Q �•i.. a - _ ___ • (r��\ 4) BUq.pNG AREA 3fi.>BB SF. ,P '•{I-, 4TDb Sr. • r ar ll Y ttAV51RVDRO l)PE 4N(SP'IJI D) .•�.ri I i i I .OR '''''\ aw j OCCOPANCT USE A-J • �.,, �IS � is It OverNr I N ' S LD,N r OI J LAND TO OIAL WC RAIIR SBG l LOWITIFD Y 0—lT BIALpNC COVERAGE: IDl T • Iv _____ OF IMAqIYIS REWIRED,r cur W ' (1/]s GROss SO oo �.w, row PAINING PROWLED 100 R 1 \ I NAAD,CAP STALLS s i A I. 1 4,,,,sk'APE MREA} i STANDARD STALLS 83 II ( I I • I ;. .,. DATUM T — D �IEK , ,, 1li, f ELEPARG Ill rr RENPoN 10 LOR£RT 1 I • �•a' n.� w. E LYA DOnJ O HAM XB dQe:13 MET F ,n fl+i'.'. II'' ' '7 TO PL.EIEYADWS ( I e' ...vv/ a fir; a R 1• . l z t LEQER/0 .. t 4gg I• nwwm Fit,an( / mAvr $ .1. _ �eaaw.µ�,�r —____wxoA.. •wr l ill 1 LL1U It 8 i'' 1 _-1 333n •• l + —_- m.o., — ROW nwefi ALWtr, • ONFOULS IV OffM1WS wroures D ERSE OP Al J4. 1 l I1 ( o Ij. I.• i I I ; ' T i I 1 ( t • :I T. E REECE a COMPANY INC. 1 . PY 1UE D Y 1 ,.,i i I _ 1 F.1 ON..11 No ymvuowLxr aulsom MU '' RUBY TUESDAY i I y ,.,, E RESTAURANT _ c.'' .cam..�I r.:l,�lu�0i�l,a.4 ` EPARTM Oo R�NTION,-V 1 ENT LAC KS • �i ;( PRELIMINARY QRADINp CHAINAEE WATER AND BANITANY FEWER PUN y' et.tic AN01$gE TM AIT-aBRON W18MWrON • LA O Aar Ore N/NO. Ear A.K1e.TIEN tr nMyry,,,Ina .RRE FRAFA tirm. web Landscape Legend - - - - SYMBOL SCIENTIFIC NAME lxeadON 11AIE 812E/CaEC T1EM liTi� ,,i . ---- O DECIDUOUS STREET/SHADE TREES Yh.2errl.,rded tI,I..we4 `�!�l .. {I trended beaded Raw S,B6B. ' 1, Existing lawn to remainAar s 61ip1i ( 1 cal,8,112 `,..,,Y ExistI g 3106wa* �r .: Blia p'Younger young6 Wearing Birch Nomad, ACCENT TREES Mln See. It min..wen 1.- 'Sr' _ +I t ! -3"O RaaLrgea SAghom Sumac 1 _ ai♦ i a3O4 q0)^g07Ca )' \ 191 e f ?;3Q C.s.+Ofo O•LDS: d 0 f a}Aar all Yuem V Maple Min.(Si v4•col bunks,a M.con.. V weEbu m sec.BM. "5 28351�i0ii'°" ��' ICOAOe=4 "©,�c;5 � KEY MAP sfwLE r.6ovo. p]1 8k EVERGREEN TREES Min.646 ht.,ea a burn New tree _ _ et,7 . - 4g Carneec3parle o.'GIO HYCM Ceram n bar,BMB. arch existing UM al r7."J +we Thurye n.'P.44145 Weeping Walla Oypnees • O©©© 12eP �003(gt4 ^ 10'required �wcm�+ewe - 1'0_- BLACK GI adscape + Cupreseocyprla adr,m wloee Cypher 'Isstrip MED./LARGE SHRUBS a(' / / Rhodoartlron spp. Rhododsbron Mln.21.3P M,NS l busty, woo etaor - B6B rro0.M.,. .4 to root land Pe 190 s( A N G U S v .Existing lawn PNM'FpW FWne' Forest Rene Reds MYI 21.3V M,air l Maly. foreman 6,700 S.F. � D o amen 68Br00r . u J. ' �3 .. Q Arbup.undo Compacts' Dwarf Strawberry Tree 21•-24•Ill,full 6 bushy, 4 rww u.ce _ BOB air container. y/• �e aOO } 1. © Crows abbNMe Redtwg Dogwood %B'I'mgal1&bushy, '4 2 I Ztra-Ltiweerf''- } • 1 Add new Maple tree, ' GO Q Q Euorymo a Cmpecr.' Compact vnnped Euwynxa 2�aEueny match existing gi tO :1 V'g ��.CLN. ✓ S'L t t•" B DayIH = SMALL SHRUBS ,rore.0 su eonm woo o m. ` 4f m�+,, Y4umum MNdN DevC's Viburnum Min 15'-18'M 8 spread, no rrma 1.::.,� .II-11•' >,. '.f V NllbbueM.BBB or container. t ed (� Prunes I.•Otte Luykane' Otto Luyken's Laurel Min 18'21•M.8 speed _ 8 Dayl lies 1 .,af = mil h bushy,B&B or container. O Deglrluous Tree Planting 1 - ' - --- 190 a.f. -.... ? r E �4 >i$ Pins coups MuW' Mug50 Pine full 81bushy.B6B w rer. not to cd. I J P CLi�$ li$1 W ,a NaM'ne d.Compacts' Dwell Nandina full 81busM.B6B orreadmma'nano �O OQ�Q 230 a( A m) T : I J 1 Anlee'Hlno Crimson' Azalea Min.12,15.M.8 spread, • li '�., O a3_D_D. / '... �G�I©A a • i J fuller bushy,BAB container. Q ® Nandira O.'Harbour Dwarf Harbour Dwarf NaMire Min.12"-15•M.8 spread. 5 0'. - • full 3 bushy,B&B container 182 S./. i - > ® Berbers I.'Atrapmpuea' Rad-Leaf Japanese Barberry Min.15•-19'ht.8 speed 1 Existing Maple Existing Honeylowst New street trees, o n..uLxo trees to remain trees to remain match existingC--i lull a bushy.Bab container 1— ,a, ACCENT PLANT l tXTNAMENTAL GRASS <CD ll IIII-II 1 l 84 s.f. oa Q II,11=11,II hraMs BI �18 buMY 9uentl®aes es2rwtadc.. ..- • 9/ 1. _ • W # GROUak11o1�sarrperMrMb BWe Oet Goss aHn spec sysnN o' snma 84sf 1a .. 'L® 1111 ORWNOWVER Pppa®16•oc.p rw�e " ' „ .:. I i ArrAOWplryba uvauai KFnikinnkA 1 gal.mid 0 24•°.c.Pang I gal.c.Slant first cow 12. Ma horn saps of curb or bed. y - 'i F.RI `1 7 I I Hedr.RR bseo Baltic Ivy n.rrw..om,. 84 of. i.- r 84 I. i 10'requital Conifer Tray Ranting 84 s.f. _..__- lentlseepe l- _ I SEEDED LAWN See SpatlMeuons O rot tood r . Repair and replace dripEXISTING PLANTINGS TO REMAIN Sere and ualrf Exremai.typ.g ape limits lawn b 1 e . .•Raelacetreeing Ones designated ter rawdbn E demigod bymnWlrNon. b remain,typo limits of tlislurbartce, e j �` .,. .,t. ow . ! d .. ---- 44 ---o—t Landscape Notes: Landscape Calculations: .a.e"`° .�,.A ' 1 -- `Y • 1.ALL NEW LANDSCAPE AREAS ARE TO BE WATERED WITH AN AUTOMATIC TOTAL SITE AREA •66,071 S.F. I I1 u� 1 1 - • WATER Cr1WSFRVING IRRIGATION SYSTEM. 2%NATURAL LANDSCAPE REQUIRED =1321,42S.F. 1 • t _ r 2.ALL NEW SHRUB AND GROUNOCOVER AREAS ARE TO BE MULCHED WITH TOTAL NATURAL LANDSCAPE PROVIDED =SEE NOTE e6 I I RAW.a am,u --- -- - A MINIMUM 2•DEPTH OF SPECIFIED MULCH. 1� TOTAL PARKING LOT AREA =39,175 S.F. Les f .. n _ 3.WHERE GROUNDCOVERIS PROVIDED,IT SHALL BE PLANTED AT THE TOTAL PARKING LOT LANDSCAPE REQUIRED 1.958.75 S.F. ------- SPECIFIED SPACINGG INCLUDING AREAS UNDERNEATH TREES AND SHRUBS. (5%ottotal Wing awn ' 4.ALL BEDS NOT SHOWN WITH NEW LANDSCAPE ARE EXISTING LANDSCAPE © Shoe Planting TO REMAIN,SAVE AND PROTECT. TOTAL PARKING LOT LANDSCAPE PROVIDED a 2,344 S.F. RA to RR This information is conceptual and is subject to adjustments pending THIS PLAN IS FOR CODE SUBMITTAL TO 5.THE REWIRED NATURAL LANDSCAPE IS INCORPORATED INTO EXISTING further verification and Client,Tenant and Governmental Agency GOVERNING JURISDICTIONS AND 19 NOT WETLAND BY ACT III THREATER AND HOME BASE. LANDSCAPE PLAN approvals. No warranties or guarantees of any kind are goon or FOR BIDDING OR CONSTRUCTION. 6.REFER TO SPECIFICATIONS FOR ADOMONAL REQUIREMENTS. I _'I implied by the Architect. L I l_E) B � ,i� B �AC � A\ GUS � ESTA �, RA\ T EAST VALLEY HWY & 41ST STREET #4 Sleet Tale. INOSGWE FVN ARCHITECTS kale: 1'=24-0" BARS R E N T O N, W A S H I N G T O N .,.-� pre d No- d m Bj 911 A COMMERCIAL PROJECT FOR: ~+ 785 Market Street Checked By. KS - San Francisco,California 9410 3-2 01 6 Me: 26 Febru y 1999 ,a. American Restaurant Group .......ammo. .....-'',Timer 415.974.6002 fax 415.474.1556 450 Newport Drive 0 .. Newport Beach, CA 92660 1 F -J24( ; 1 -I .4::. S.W.29T14 r `�� 4 M W: 0 I ... : C sw.37ST g I �;_ UNE• V , • - '3W.34TN r I 'FAHWEST ,: / - ' Ii)i STEEL / �'..i III 2 ..,,,,,,, , ; , .:!'.4.1.. :_, L2' HOME I-MAKING.1 W M4 ■a 11 3'' BASE 1 , LL ' .,, Y .:w•- iimiA Y .S9TN g ST. 1 !. 04,1 MIFF Z \ / I---) . (I--.---1 1-I`:. - 14 1 VALLEY M:•1 • 1 ilyti 1:: ::::.) r P. II! r Inr //�/ Q S.W.CiST ST: � / / ¢ ITTTN iiiiip maw- il $ i �/ ter* I❑ V 1140 4�0 .:�..: •. J. ....31D ST. .p.:i.....II .�. —fp:7:4p -�� NEMI" . MAT ✓... k� = i1___ ,. El ,„„,.... ,. 2 . , 7 I NEIGHBORHOOD DETAIL MAP "•• 2rAci A49.0$ "." k. •• I L H , ! 1 CA to IL � .1 34th St SW 3 th St. SW 34,th Stj, IL I!;' '"" �, 'Hi LIH / c>5 -1 — C4 az IM (-NSW' 39th St. f . i i arTE ,,1 `-' CA r IL1. IM ist st. IM SW 41st St. CA; 13 • 31 T23N 15E W 1/2 th) zorm1ta ` Y t® H 3 iltrlor 0 °n""" 1 . 3Q_T2)N-R5E W 1/2 V :. err _ f_ _ - _ 4 0111111111111111111 1111111 0 - r OIIIIIIIIIIIIIIIIIkn4111111f0 - �. OIIIIIIIIIIIIIIIII i11111110 - % (] IIIIIIIIIIIIIII IIIIIIkn`♦0 mom— 3111111111111111 111111M 0111111111111111011111160 -' 1 - — IIIII1IIIIIIIIIIHIIIl111H1H0 =I uuuuuuunu ry .;_� —BLACK ANGUS __ I ._ ... - — 7 SITE AREA W J y11%111111 I %m r al I i 11411 .''- 1 riiilIl l - I IIIII)ftIIIONIIIi KNI > tiTM'a � _ ONHHH IIHHII+O OHHHIO ,i w • �nnnnirninnnl CI1111116m;r;lIIHINIO OHHHfO 7 " III II UNHHH HI{HHfO [Ifffl I-. r IIIIIIIIIIr 1 _- — -—r I. . «••.. 15.Y1 61 ST STREET REFERENCE SITE PLAN . , .,. / ,.1•,I B i•1i 0,o' a,,, 3 ., . < I. SP 3,11-TV r, ..i3tUrig ...I:4' .3 • i• .111,....1 ,.. 4 U - LINGTON i! 2 1 ..• or y .,,,. i '''.• . .: .Fq HOward Hawkins N 011:t THERN p b - = ,,. = e. 41,,• . r /!,1 ,qM ,I] t • II bi 564k ',:, f• e A. 8 INDING S iTE PLAN Z ': / .1 3 Sorn Younktr I 61 Ac /;4to'il 4----:1 VA L L E ' •I ' • E e.; tp _ c .. :1 ... .. NGTON NORTHER t.. _N_O.R_LHER „ , ,. .. INDUSTRIAL2 P. 6 , .,, . , . . RENTON DI V. I ' 2 ! li• :. rlit l< • r; ',. . , . •.--- - -.1 N. 41ST ST. • se.:, .. : , . : , : VICINITY MAP ✓'� S.W.34TH STREET i I l I s �, } .- __ -,,,,,_.. r.1, oiti —) DIIIIIIIIIIIIIIIII--I I I1III 0 � 0IIIIIIII11IIIIIII=IIIIIII O 0111111111111111111111110 T = . .. !ILI = — 0i:11II111111IIIII=IIII11f0 03 HOME CLUB a LIIIIIIIIIIII1111tII1111fO !— III 11IIIIIII1111I111111f0 i .I� a 7-- —— -- BLACK ANGUS r r r SITE AREA - '—J II; MI Flu! 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IIl,�- NGTON NORTHER L1'1011TRERN f,, Le, Bye ... _ F[f4 INDUSTRIAL P - 1---.-,, a ;..8 i[ Y s _rT'_ -` II•iB..".' RENTON DI V. I r} iK / ;, .. • r tl i� S. . 41 ST STREET r. 41ST ST • s' w ' . ) - / v,All- \... . REFERENCE SITE PLAN VICINITY MAP SCALE 1"=100'-0" SCALE 1'=200'-0" Res nlamawn a conceptual and a subject to adjustments p.,d.,g forth.,venfcanan and Q.,0,Tenant and Governmental Agency approval& No wand o ns or guarantees REFERENCE PLANS of any And are given a:nplled by the AreNtea PAGE 2 1m61.111.1 BLACK ANGUS RESTAURANT EAST VALLEY HWY & 41ST STREET # 4 ShedTlle REFERENCE PLANS RENTON WASHINGTON ARCHITECTS Scale. As NOTED Proled No 9859301 Draw By 2Y,CI A COM.ERgAL PROJECT FOR CBereN By K Dote ra 1999 American Restaurant Group �+a 9+1o}2o+b 450 Newport Drive +9smuoo9 raa+Tsw4Tsw 98 Newport Beach, CA 92660 ....•w rm-dvW 11V130 0OOHNO8H913N ,..c✓ ACT III THEATERS , MI 7132 COMMERCIAL PARK DR IMPOr MEMO ilb KNOXVILLE, TN 37918 IIIIR. . ar *� I o HCWA REALTY CORP c/o HOMEBASE .c7 g411 3345 MICHELSON DRIVE fir Q. . I f ~ ...... ^,^� � . Ci IRVINE, CA 92715 — 1 iiF R-� I ami Li i.;- „ rim- �� i` in�i��•�R J HALLISSEY CO INC /-_�ai 12835 BEL-RED ROAD #140 - i BELLEVUE, WA 98005 It j I• * 1 ► ' w GRIFFIN - SCHOEN PROPERTIES 1 ��4 L P • 24800 PACIFIC HWY SO KENT, WA 98032 ANN ARBOR, MI 48106 VIROPA L.L.C. EUGENE T & PENNY R CHURCH 1200 WESTLAKE AVE N #505 3820 EAST VALLEY HWY SO SEATTLE, WA 98109 RENTON, WA 98055 PRINCIPLE MUTUAL LIFE INSURANCE YOUNKER LIMITED PARTNERSHIP 711 HIGH STREET 3900 EAST VALLEY RD #102 DES MOINES, IQ 50392 RENTON, WA 98055 POWELL ORILLA L.L.C. TORGER A & RANDI STOKKA 737 MARKET STREET 4000 EAST VALLEY HWY KIRKLAND, WA 98033 RENTON, WA 98055 :; 0 CITY OF RENTON p.T --=-:r1 .' . Planning/Building/Public Works a '� ` T055 South Grady Way - Renton Washington 980554 I APR 3 0''� `_ E 0 ,3 0 5 ADDRESS SERVICE REQUESTED i i 4 I !9 t . E rh.4E;60 e.site f i l E I ill'ii/ .54l 11/1/ SCC PROPERTY HOLDINGS INC.1201 THIRD AVE #2200 SEATTLE, WA 98101 i 0 tr•j- -- ; 1tqi 90 W l 5KN0 VIN 6 _._ `�,;i`, '--_„ IIiltilcil,1Ifil�I IIIII„1I1e,IIII,filinlilllti„l�I Illil �..,assxs� 4 © CITY OF RENTON r t p, T��.-1 ��="' . Planning/Building/Public Works • a y iipe c'; CC " f!APfi30''�! 5 1055 South Grady Way - Renton Washington 98055 CS) �` � = 0 .3 0 O f� 3 1. 9 9 II P t E RIP T IP I. Irp 9 fi ADDRESS SERVICE REQUESTED 44261 •s. •sT E f VIROPA L.L.0 1200 WESTLAKE AVE N #505 SEATTLE, WA 98109 rf0ELIVERABLE .------ 666/ 1 AS ADDRESSED Awl E0 i JNABLE TO FORWARD - m_ �r �� T ram•## I RETURN TO SENDER y � . � .9' '� � 11�1��1„I�II��I�f,�l1I111I loitilslfl:,tlimI,Itilltt,lilil,{itlililliiil CIT'IL OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 1, 1999 Mr. Barton Treece, Jr. Treece &Company, Inc. 320 Second Avenue South, Suite#200 Kirkland, WA 98033 SUBJECT: Black Angus Project No. LUA-99-064,SA-A,ECF Dear Mr. Treece: This letter is to inform you that the comment and appeal periods have ended for the Environmental Review Committee's (ERC) Determination of Non-Significance - Mitigated for the above-referenced project. No appeals were filed. This decision is final and application for the appropriately required permits may proceed. The applicant must comply with all ERC Mitigation Measures and Site Plan Conditions of Approval. If you have any questions,please feel free to contact me at (425) 430-7219. For the Environmental Review Committee, Peter Rosen Project Manager cc: Eastgate Theaters, Inc./Owners Younker Family LLC, Mr. Greg Schoen; Ms. Diane Pugh FINAL 1055 South Grady Way-Renton, Washington 98055 ....... .. ......... .... ..... ... ..... . .... ..... . . ... .... ... . ......... ... .. .... ......... . .. ...... ...... .. .. ... ... . . ......... .......... .............. ......... .......... ......... ........... . . .. ..... .... ..... .......... ......... ......... .......... :....... .......... .. . . . . .. . . CITY.OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 15+ day of , 1999, I deposited in the mails of the United States, a sealed envelope containing .avNd Deci Irv\ documents. This information was sent to: Name Representing"Tlrh Re e_d ta.sta ate. -1h eb.y evs,I v% t3av toh 'Trccce, "Weece- Cory+pavu.-i Qhov4da 4oav. 4e . N ou vtkcr Fahn ttm LLC ere° Slnoe,v, Pugln K PeSttionv r (Signature of Sender) Savrc t.. k-• STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence thatmin•A_ L.ec - 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 � oZ 1. /5 S 5 —Yh GL�r '� Notary Public nd for the State of Was fit-ton Notary (Print) MARILYN KAMCHEFF My appointment auummISSIuN EXPIRES b/29/99 Project Name: F3tacJr_ porstus Project Number: LVA.91.0tc4 StA -IA NOTARY.DOC REPORT City of Renton Department of Planning/Building/Public Works DECISION ENVIRONMENTAL REVIEW& ADMINISTRATIVE LAND USE ACTION REPORT DATE: June 1, 1999 Project Name: Black Angus Applicant: Barton Treece Owner: Act Ill Theaters File Number: LUA-099-064, SA-A, ECF Project Manager: Peter Rosen Project Description: Proposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. Project Location: 3751 East Valley Road, northeast corner of the Act Ill site Exist. Bldg. Area: 56,896 sq. ft. —Act Ill Theater Proposed New Bldg. Area: 6,700 sq. ft. Site Area: 66,000 sq. ft. —Black Angus Total Building Area: 63,596 sq. ft. restaurant 531,600 sq. ft. —Act Ill Theater site J " / \ _ l SW..34TH jlETICt ' U 1 Li ,) 1 4,•/../1"/"-L--- / i t �--� W .enow r n No r/, . -� illill D. .39.e3T. , ,r _ ':MI 'S i • f-1 nu WW1 RAY es r7 MI 0—r '11.9iii C:-;311) .,,1111111 aT art.4/8T ST. Q fFiAirit, 11111 C3 LI i MI ,y�{� mi. Y LEY MEDICAL C"• ,- WO -�- '❑ 0 = O o,v ., -w.47nosr. . 1l70 ..:�.._.n .6 rr N i FLMAT y .• N." • �; Illi 7 i — Pr City of Renton P/B/PW Department Administrative Site Plan Approval&Environ al Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPORT OF JUNE 1, 1999 Page 2 of12 PART ONE: PROJECT DESCRIPTION/BACKGROUND Proposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. There is another restaurant proposal located in the Act III Cinema parking area, adjacent to the subject proposal. Both proposals are being reviewed concurrently and the issue of displacing the cinema parking will be evaluated for both restaurant proposals. The restaurant proposals will require approval of a parking modification in order to displace and utilize the cinema parking. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. 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 to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: The subject site is fully developed as a parking lot for the Act III Cinemas. Therefore, environmental impacts related to natural features of the site (i.e. soil/earth disturbance, water, etc.) are minimal because the site is presently improved with impervious surfaces. 1) Fire Protection Impacts The proposal would add new construction to the City which would require additional emergency services and potentially impact the City's Fire Department. A Fire Mitigation Fee applies to all new construction. The required mitigation fee is based on a rate of $0.52 per square foot of new construction. For the proposed development the fee is estimated at $3,484 (6,700 square feet X $0.52 = $3.484). The Fire Mitigation Fee is payable at the time that Building Permits are issued. Mitigation Measures The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $3,484. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. Policy Nexus Fire Mitigation Fee Resolution and adopting Ordinance, SEPA Ordinance. SITERC DOC City of r?enton P/B/PW Department Administrative Site Plan Approval& Environ al Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF • REPOR r OF JUNE 1, 1999 Page 3 of 12 2) Transportation Impacts Access to the proposed restaurant would be from existing driveway cuts accessing the Act III Cinemas off East Valley Highway. The proposal would result in an increase in traffic trips and therefore would be subject to the City's Transportation Mitigation Fee. The Transportation Mitigation Fee is calculated to be $75 per each average daily trip attributable to the project. City staff estimates the number of traffic trips based upon the ITE Manual. The proposed restaurant is expected to generate 603 new average daily trips for a traffic mitigation fee of $45,225 (603 average daily trips X $75 = $45,225). The applicant has submitted a Construction Mitigation Plan which describes hauling and transportation routes to the site. The Construction Mitigation Plan states that construction would be performed between the hours of 7:00 a.m. and 7:00 p.m. In order to limit the impact of trucking activities during peak traffic periods, truck hauling hours are limited to between 8:30 a.m. and 3:30 p.m. under the Development Guidelines Ordinance. Mitigation Measures The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $45,225. This fee is payable prior to issuance of Building Permits. Policy Nexus: Environmental Ordinance, Transportation Mitigation Fee Ordinance B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON- SIGNIFICANCE- MITIGATED. X Issue DNS-M with 14 day Appeal Period. Issue DNS with 14 day Appeal Issue DNS-M with 15 day Period. Comment Period followed by a 14 day Appeal Period. C. Mitigation Measures 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $3,484. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2. The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $45,225. This fee is payable prior to issuance of Building Permits. SITERC DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Enviro) tal Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF • REPORT OF JUNE 1, 1999 Page 4 of 12 Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. BUILDING Follow design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150- feet of all points on all buildings. 4. Restaurants that are over 5,000 sq. ft. and serve alcohol are required to be fully sprinklered, Separate plans and permits are required for the installation of the fire sprinkler system. 5. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Home Base store. PLAN REVIEW Water 1. The new main to the proposed fire hydrant is to be changed to an 8-inch from the proposed 6-inch. 2. The new water main to the proposed fire hydrant will need to be in a 15-foot utility easement. 3. Show location and size of the irrigation meter with a backflow prevention device. 4. Show City of Renton typical detail drawings with the plans. 5. Plans to meet City of Renton drafting standards. Storm/Surface Water 1. Show utility vertical crossing separations on construction plans. 2. Use NAVD 1988 Datum for project. 3. Storm System Development connection charges have been paid with the development of the Act Ill Theater. 4. Plans to meet City of Renton drafting standards. Wastewater 1. If the project produces fats, oils, or grease, then an appropriate removal system will be required per plumbing code. Show type and size on Construction plans. 2. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25- feet. 3. Civil Construction drawings to adhere to City of Renton drafting standards. The drawing size is 22 x 34. Show applicable City of Renton standard detail on the construction plan sheet. 4. The Developer is to insure that no buildings are built over the existing utilities. 5. Show vertical clearances where utility line cross, SITERC DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environ `al Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A,ECF ' REPORT OF JUNE 1, 1999 Page 5 of 12 6. Side sewer to show a 2% slope from the building to the manhole. POLICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2" throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. COMPLETED BUILDING It's important to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the comings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of individuals who have no right to be on the property. All doors should be made of a solid core wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. PARKS All landscaping outside of property lines is to be maintained by the owner. SITERC DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environ tal Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF • REPORT OF JUNE 1, 1999 Page 6 of 12 PART THREE: ADMINISTRATIVE LAND USE ACTION - REPORT & DECISION This decision on the administrative land use action is made concurrently with the environmental determination. A. Type of Land Use Action x Site Plan Review Shoreline Substantial Development Permit Conditional Use Binding Site Plan Special Permit for Grade & Fill Administrative Code Determination B. Exhibits The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing: application, proof of posting and publication, environmental review and other documentation pertinent to this request. Exhibit No. 2: Drawing No. 1, Vicinity Map, Reference Site Plan, (Received April 22, 1999) Exhibit No. 3: Drawing No. 2, Site Plan, (Received April 22, 1999). Exhibit No. 4: Drawing No. 3, Floor Plan (Received April 22, 1999). Exhibit No. 5: Drawing No. 4, Building Elevations (Received April 22, 1999). Exhibit No. 6: Drawing No. 5, Building Section (Received April 22, 1999). Exhibit No. 7: Drawing No. 6, Landscape Plan (Received April 22, 1999). Exhibit No. 8: Drawing No. 7, Preliminary Grading, Drainage, water and Sanitary Sewer Plan (Received April 22, 1999). C. Consistency with Site Plan Criteria In reviewing the proposal with respect to the site Plan Approval Criteria set forth in Section 4-31-33(D) of the Site Plan Ordinance, the following issues have been identified by City Departmental Reviewers and Divisional Reviewers: 1. GENERAL CRITERIA: A. CONFORMANCE WITH THE COMPREHENSIVE PLAN, ITS ELEMENTS AND POLICIES; The subject site is located within the Employment Area-Valley (EAV) designation of the Comprehensive Plan. The EAV designation is intended to provide for a mix of commercial, office, and industrial uses. The proposed restaurant is within the range of uses anticipated for the designation. SITERC,DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Enviroi tal Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF • REPORT OF JUNE 1, 1999 Page 7 of 12 The policies encourage greater efficiency in utilizing sites and encourage shared parking and site access. Policy LU-212.6: Development should be encouraged to achieve greater efficiency in site utilization and result in benefits to users with techniques including: a. shared facilities such as parking and site access, recreation facilities and amenities; b. an improved ability to serve development with transit by centralizing transit stops; and c. an opportunity to provide support services (e.g. copy centers, coffee shop or lunch facilities, express mail services) for nearby development that otherwise might not exist. The proposed restaurant would intensify the existing development on the site and would add a building pad close to the East Valley Road street frontage which would break up the expanse of the parking lot and encourage pedestrian and transit access. The restaurant would also offer services that clearly support and complement the existing cinema. This is further supported by Policy LU-212.2 Compatible and related land uses should be encouraged to locate in proximity to one another. B. CONFORMANCE WITH EXISTING LAND USE REGULATIONS; The Act Ill Cinema site has split zoning. Commercial Arterial (CA) zoning is designated along the frontage of East Valley Road with the remainder of the site within the Medium Industrial (IM) zone. The restaurant proposal, on a leased portion of the Act Ill Cinema site, is zoned Commercial Arterial (CA). Eating and drinking establishments are allowed as a primary permitted use in the CA zone. The restaurant site plan complies with the development standards of the CA zone. The building is setback approximately 33 feet from East Valley Road. No interior or side yards are required in the CA zone. The maximum proposed building height is approximately 26 feet, meeting the CA zone height limit of 50 feet. Building coverage is less than the 65% maximum standard. The subject site is within the Green River Valley Planning area. An environmental mitigation agreement between the City and the Soil Conservation Service (SCS) requires that 2% of a site area be provided as a natural landscape area for wildlife habitat. The Act Ill Cinemas provided a large natural landscape area adjacent to their wetland mitigation area and stormwater facility behind the cinema building. This consolidated landscape area satisfies the natural landscape area requirements for the other, individual commercial pads developing on the Act Ill Cinema site. The parking area, improved for the Act Ill Cinemas, includes the required 5% landscaping and the proposal would add additional landscaping around the building. The site plan does include a direct pedestrian connection from the sidewalk along East Valley Road to the restaurant entry. Parking—The proposed restaurants would displace existing cinema parking, parking that is required by the code for the cinema use. Therefore, the proposed restaurants would require approval of a parking modification. To assist in evaluating a parking modification, a parking utilization study has been prepared for the application by The Transpo Group, to evaluate if the parking supply would be adequate to accommodate parking for the cinema and the proposed restaurants. There are presently 840 parking stalls in the Act III Cinema parking lot. This number of parking stalls is required by the code for the cinema use alone. The proposed restaurant buildings would displace a total of 60 parking spaces (Ruby Tuesday would displace 22 SITERC DOC City of,Renton P/B/PW Department Administrative Site Plan Approval& Enviror tal Review Committee Staff Report BLACN ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPOR' OF JUNE 1, 1999 Page 8 of 12 spaces and Black Angus 38), leaving 780 parking spaces to be shared by the cinema and proposed restaurants. The restaurants would require a total of 117 parking spaces, as determined by the required parking ratio of 1 space per 100 square feet of gross floor area. Ruby Tuesday (4,970 sq. ft.) would require 50 parking spaces and Black Angus (6,700 sq. ft.) 67 spaces. Therefore, the proposed restaurants would displace and require a total of 177 parking spaces from the 840 space parking lot. The parking study evaluated existing parking utilization for the cinema on two consecutive weekends in February. The study increased these parking counts by 14% because February is a low ticket sale month and the increase would provide an average monthly condition. The study concluded that maximum peak utilization was on Saturday nights (8:00 p.m. to 10:00 p.m.) with 84% of the stalls occupied. The parking demand for the restaurants was then estimated using the ITE Parking Generation Manual. The study estimates peak parking demand for both restaurants at 130 stalls on a weekend. To account for internalization of trips (shared trips) between the restaurants and cinema, the peak hour demand was reduced by 20% on weekdays and 30% on weekends. The study then adds the parking demand by the restaurants to the future projected parking demand for the Act III Cinemas. The future projected parking demand assumes a 20% reduction in patronage at the Act III cinemas due to construction of a new cinema complex in Tukwila. The study concludes that future parking utilization with the proposed restaurants would peak at 89% on Saturday evenings. Friday evenings would result in 63% to 67% utilization. Capacity is considered to be between 85% and 90%, at this level people may try to find other convenient and available locations for parking. Staff has several problems with assumptions used in the parking study. First, a 14% increase was added to the February parking counts to estimate an "average monthly" condition. We believe it is more appropriate to analyze peak time periods. The future projected parking utilization for the cinema reduces patronage by 20% because of a new cinema planned in Tukwila. Staff strongly disputes the use of this assumption. Lastly, staff does not concur with the reduction used for shared trips. Together these assumptions greatly reduce the parking demand that could result with the addition of the two restaurants. The parking study did not consider the 733 parking spaces in the adjacent Home Base parking lot. According to parking code requirements, Home Base requires between 416 and 520 parking spaces. Thus, there are approximately 213 to 317 parking spaces beyond the code requirements that would be available in the Home Base parking lot. In addition, many peak periods of parking demand for Home Base would differ from peak use periods for the cinema and the restaurants. The adjacent Home Base parking area is located close and convenient enough to the cinema and restaurants that it is reasonable for overflow parking needs during peak periods. Staff recommends a condition that the applicant obtain a reciprocal parking easement to allow for cinema and restaurant parking on the Home Base property. The applicant may also look for other nearby sites for additional parking. The code allows for off-site parking provided that it is located within 750 feet of the intended use. The applicant would need to provide a total of 177 parking spaces to replace the 60 spaces displaced by the buildings and the 117 required for the restaurant uses. Alternatively, the cinemas may reduce the number of seats to reduce their number of required parking spaces. SITERC DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Enviror tal Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPORT OF JUNE 1, 1999 Page 9 of 12 C. MITIGATION OF IMPACTS TO SURROUNDING PROPERTIES AND USES; The restaurant proposal is not likely to result in adverse impacts to surrounding properties or uses. The services of the proposed restaurant would complement the existing cinema use on the site. The main potential impact of the restaurant would be overflow parking impacts on adjacent properties during peak periods. The parking utilization study evaluates this issue and concludes that demand would reach capacity only during limited time periods. Staff has recommended a condition that the applicant obtains a reciprocal parking easement with the adjacent Home Base. This would eliminate impacts of parking overflow onto other surrounding properties. The operation of the restaurant would not impact surrounding uses. D. MITIGATION OF IMPACTS OF THE PROPOSED SITE PLAN TO THE SITE; The subject site is presently developed as a parking lot for the Act III Cinemas. Therefore, the proposed restaurant would not impact natural features of the site. The restaurant would result in a net decrease of impervious surfaces on the site. According to the drainage study submitted by the applicant, the existing stormwater facility for the Act Ill Cinemas was designed for water quality and detention for the entire site, inclusive of the proposed restaurant area, and additional detention/water quality would not be required. Construction activities related to the proposed development would be required to utilize best management practices which would reduce potential construction impacts on the site. The construction and operation of the proposed restaurant is not anticipated to adversely impact the subject site. E. CONSERVATION OF AREA-WIDE PROPERTY VALUES; The proposed restaurant is anticipated to increase property values in the vicinity of the site. F. SAFETY AND EFFICIENCY OF VEHICLE AND PEDESTRIAN CIRCULATION; Access to the proposed restaurant would be from existing driveway cuts accessing the Act III Cinemas off East Valley Highway. Road improvements and channelization of East Valley Highway was completed with development of the Act III Cinemas and additional traffic from the proposed restaurant is not expected to impact traffic capacity or operations. G. PROVISION OF ADEQUATE LIGHT AND AIR; The proposed restaurant building is sufficiently setback from property boundaries and existing buildings to allow for adequate light and air circulation to the building. H. MITIGATION OF NOISE, ODORS AND OTHER HARMFUL OR UNHEALTHY CONDITIONS; The operation of the proposed restaurant is not expected to create any harmful or unhealthy conditions. Noise, dust, and odors which may result from construction of the project would be mitigated through measures described in the Construction Mitigation Plan and with best management practices. SITERC DOC City of,Renton P/B/PW Department Administrative Site Plan Approval&Enviror tal Review Committee Staff Report BLACH.ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPORT OF JUNE 1, 1999 Page 10 of 12 I. AVAILABILITY OF PUBLIC SERVICES AND FACILITIES TO ACCOMMODATE THE PROPOSED USE; AND The project site is presently improved with adequate utilities to serve the proposed restaurant. The applicant will be responsible for extension of the utilities to the restaurant building. See the Advisory Notes section of this report for detailed information concerning utilities and public services. J. PREVENTION OF NEIGHBORHOOD DETERIORATION AND BLIGHT. The restaurant would complement the existing cinema and add activity and people to the site and immediate vicinity. This would likely assist in the prevention of neighborhood deterioration and blight. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. D. Findings, Conclusions & Decision Having reviewed the written record in the matter, the City now enters the following: 1) Request: The applicant has requested Environmental Review and Site Plan Approval for development of the Black Angus Restaurant. 2) Environmental Review: The applicant's file containing the application, State Environmental Policy Act (SEPA) documentation, the comments from various City departments, the public notices requesting citizen comment, and other pertinent documents was entered as Exhibit No. 1. 3) Site Plan Review: The applicant's site plan application complies with the requirements for information for site plan review. The applicant's site plan and other project drawings are entered as Exhibits No. 2 through 8. 4) Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of Employment Area Valley (EAV). 5) Zoning: The site plan as presented complies with the zoning requirements and development standards of the Commercial Arterial (CA) Zoning designation. 6) Existing Land Use: Land uses surrounding the subject site include: North: Commercial, Home Base; East: East Valley Highway, Commercial; South: Commercial; and West: Act Ill Cinemas. SITERC DOC City of r?enton P/B/PW Department Administrative Site Plan Approval&Enviror tal Review Committee Staff Report BLACk ANGUS RESTAURANT LUA-99-064, SA-A, ECF ' REPORT OF JUNE 1, 1999 Page 1I of 12 E. Conclusions 1) The subject proposal complies with the policies and codes of the City of Renton, except for required parking standards. The site plan decision requires the applicant to obtain and record a parking easement to allow for cinema and restaurant parking on another site. 2) The proposal complies with the Comprehensive Plan designation of Employment Area - Valley (EAV); and the Zoning designation of Commercial Arterial (CA). 3) Specific Land Use (e.g. Site Plan Approval) issues were raised by various City departments. These issues are addressed in the body of this report. F. Decision The Site Plan for Black Angus Restaurant, File No. LUA-99-064, SA-A, ECF, is approved subject to the following conditions. 1. The applicant/property owner shall obtain and record a parking easement to allow for cinema and restaurant parking on another site. The parking easement shall provide for the total number of parking spaces displaced by the restaurant buildings (60) and for the number of parking spaces as required for the restaurant use (based on a ratio of 1 parking space per 100 square feet of gross floor area, as defined in the code). The applicant is encouraged to pursue a reciprocal parking agreement with the adjacent Home Base property. Other properties may be approved provided it can meet the standards for off-site parking or joint use parking, Sections 4-4-80E.2. and 3. of the City of Renton Development Regulations. A parking agreement shall be subject to the review and approval of the Development Services Division prior to recording. The parking easement shall be recorded prior to issuance of building permits. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: (is/ 9 SIGNATURES: Jana Hanson, Zoning Administrator date SITERC DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Enviror tal Review Committee Staff Report •BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPORT OF JUNE 1, 1999 Page 12 of 12 TRANSMITTED this 15th day of June, 1999 to the applicant and owner: Tim Reed Eastgate Theaters, Inc. 10032 Robin Oaks Drive Las Vegas, Nevada 89117 Barton Treece Treece & Company, Inc. 320 2n`'Avenue South, Suite 200 Kirkland, WA. 98033 TRANSMITTED this 15th day of June, 1999 to the following parties of record: Rhonda Younker Younker Family LLC 1416 102nu Ave. NE Bellevue, WA. 98004 Greg Shoen 24800 Pacific Highway S Kent, WA. 98032 Diane Pugh Director of Real Estate Keg Restaurant, Ltd. #150— 10760 Shellbridge Way Richmond, B.C. V6X3Hl Canada TRANSMITTED this 15th day of June, 1999 to the following: Larry Meckling, Building Official C. Duffy, Fire Prevention Neil Watts, Public Works Division Lawrence J. Warren, City Attorney South County Journal Land Use Decision Appeal Process Appeals of the land use decision must be filed in writing on or before 5:00 PM June 29, 1999 (14 days from the effective date of decision). If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. SITERC.DOC r _ j KEG RESTAURANTS LTD. F #150-10760 Shellbridge Way Richmond,B.C. V6X 3H1 b' Canada lU DEVELOPMENT PLANNING Wi Telephone: CITY OF RENTON Z (604)276-0242 4z JUN 0 8 1999 Emi V' (604)276-0138 or 276-2681 RECEIVED June 3, 1999 CITY OF RENTON Development Services Division 1055 South Grady Way Renton, WA 98056 Attention: Peter Rosen Project Manager Dear Sirs: RE: 3781 EAST VALLEY ROAD RUBY TUESDAY RESTAURANT This is further to our telephone conversation on June 2, 1999 with respect to the proposed Ruby Tuesday and Black Angus Restaurants located on East Valley Road in the Act III Theatre parking lot. We do not believe there will be adequate parking once the restaurants open. While the most likely alternative for overflow parking at peak times will be the Home Base lot, we are concerned that some patrons will also use THE KEG STEAKHOUSE & BAR'S parking lot. We see this happening now. On that basis, we object to the proposed developments unless additional off-site parking is obtained. As discussed, our landlord did not provide us with a copy of the Notice of Application. We unfortunately learned of the proposal from the adjoining owner after the deadline for submissions had passed. It is understood that this letter will result in Keg becoming a party of record and that we will be notified of any decision on this project. Thank you for your assistance in this matter. Yours truly, KEG RESTAURANTS LTD. Ii (4-Q--TU 1\r— Diane Pugh, R.I. (BC Director of Real Estate DP/asg d.'•.word`.diane'.core,renwn.doc CITY QF.RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING ya1 On the 3— day of 1A ... , 1999, I deposited in the mails of the United States, a sealed envelope containing vet,. dete mr..i1MT documents. This information was sent to: Name Representing Department of Ecology Don Hurter WSDOT • KC Wastewater Treatment Division Larry Fisher Washington Department of Fisheries David F. Dietzman Department of Natural Resources Shirley Lukhang Seattle Public Utilities Duwamish Indian Tribe Rod Malcom Muckleshoot Indian Tribe Joe Jainga Puget Sound Energy (Signature of Sender) SLKLIJel STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ALL, Leicc. signed this instrument and acknowledged it to be his/her/their free and voluntary act fof'the uses and purposes mentioned in the instrument. Dated: c,1r11 � i "��1 7/1 (�� C Notary Publi in and for the State of Washington Notary (Print) My appointmenIVIAMLYN KAIVICHEFF COMMISSION EXPIRES 6/29/99 Project Name: raka.ck. torkcius Project Number: LuN q9 . 0 0 9-1 SIR %Ed NOTARY.DOC CITY Gl,' RENTON V"aani MIL Planning/Building/Public Works Department Jesse lamer,Mayor Gregg Zimmerman P.E.,Administrator June 4, 19c 9 Washingto i State Departmert of Ecology • Environmental Review Section PO Box 47 703 Olympia, WA 98504-7703 Subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the EnvironmE ntal Review Committee (ERC) on June 1, 1999: DE:TERMINATION OF NON-SIGNIFICANCE-MITIGATED BLACK ANGUS , .; 74 . F 1 LlA-99-064,SA-A,ECF Prpposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act III Cinemas. Tt e proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed re ytaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. Location: 3751 East Valley Road. Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 21, 1999. Appeals must be fled in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-3-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (415)-430-6510. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, CAL.\ Peter Rosen Project Manager cc: King County Wastewater Treatment Division Larry Fisher, Department of Fisheries David F. Dietzman, Department of Natural Resources Don Hurter, Department of Transportation Shirley Lukhang, Seattle Public Utilities Cuwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) J )e Jainga, Puget Sound Energy AGNCYLTP 1055 South Grady Way-Renton, Washington 98055 %► CITY Or' RENTON aeLL j Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 4, 1999 Mr. Barton Treece, Jr. Treece &Company, Inc. 320 Second Avenue South, Suite#200 Kirkland, WA 98033 SUBJECT: Black Angus Project No. LUA-99-064,SA-A,ECF Dear Mr.Treece: This letter is written on behalf of the Environmental Review Committee (ERC) and is to advise you that they have completed their review of the subject project. The ERC, on June 1, 1999, issued a threshold Determination of Non- Significance-Mitigated (DNS-M)with Mitigation Measures. See the enclosed Mitigation Measures document. Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 21, 1999. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. The site plan for the proposal has not been approved. Building permits may not be issued until the proposal receives site plan approval. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental Review Committee, Peter Rosen Project Manager cc: Eastgate Theaters, Inc./Owners Younker Family LLC/Party of Record Enclosure DNSML-TR- 1055 South Grady Way-Renton, Washington 98055 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-99-064,SA-A,ECF APPLICANT: Barton Treece PROJECT NAME: Black Angus DESCRIPTION OF PROPOSAL: Proposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. LOCATION OF PROPOSAL: 3751 East Valley Road MITIGATION MEASURES: 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$0.52 per square foot of new construction. This fee is estimated at $3,484. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2, The applicant shall be required to pay a Traffic Mitigation Fee of$75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $45,225. This fee is payable prior to issuance of Building Permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES AP DLICATION NO(S): LUA-99-064,SA-A,ECF AP'LICANT: Barton Treece PROJECT NAME: Black Angus DESCRIPTION OF PROPOSAL: Proposal to construct a 6,700 sq. ft. restaurant in the northeast coiner of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would reriain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. LC CATION OF PROPOSAL: 3751 East Valley Road Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, thy are not subject to the appeal process for environmental determinations. BUILDING Fc Ilow design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150-feet of all points on all buildings. 4. Restaurants that are over 5,000 sq. ft. and serve alcohol are required to be fully sprinklered, Separate plans and permits are required for the installation of the fire sprinkler system. 5. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Home Base store. Black Angus LUA-99-064,SA-A,ECF Advisory Notes (continued) Page 2 of 3 PLAN REVIEW Water 1. The new main to the proposed fire hydrant is to be changed to an 8-inch from the proposed 6- inch. 2. The new water main to the proposed fire hydrant will need to be in a 15-foot utility easement. 3. Show location and size of the irrigation meter with a backflow prevention device. 4.1 Show City of Renton typical detail drawings with the plans. 5. Plans to meet City of Renton drafting standards. Storm/Surface Water 1. Show utility vertical crossing separations on construction plans. 2. Use NAVD 1988 Datum for project. 3. Storm System Development connection charges have been paid with the development of the Act III Theater. 4. Plans to meet City of Renton drafting standards. Wastewater 1. If the project produces fats, oils, or grease, then an appropriate removal system will be required per plumbing code. Show type and size on Construction plans. 2. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25-feet. 3. Civil Construction drawings to adhere to City of Renton drafting standards. The drawing size is 22 x 34. Show applicable City of Renton standard detail on the construction plan sheet. 4. The Developer is to insure that no buildings are built over the existing utilities. 5. Show vertical clearances where utility line cross, 6. Side sewer to show a 2% slope from the building to the manhole. POLICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2"throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. Black Angus LUA-99-064,SA-A,ECF AcF'isory Notes (continued) Palae 3 of 3 CC MPLETED BUILDING It's important to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the comings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of individuals who have no right to be on the property. All doors should be made of a solid core wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of the building as well. All areas for loading and unloading need to be properly lit for the sal ety of customers and employees. It i:; recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of Each door to deter any criminals from breaking in at these points of entry. Lai rdscaping around the exterior of the building should not be too dense or high. It is important to allow vis bility. Too much landscaping will give the building the look of a fortress and possibly give a bui glary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to ha cling trucks. PARKS All landscaping outside of property lines is to be maintained by the owner. NOTICE ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: BLACK ANGUS PROJECT NUMBER: LUA-99-064,SA-A,ECF Proposal to construct a 6,700 sq.It.restaurant in the northeast corner of the parking lot of the Act 111 Cinemas. The proposed restaurant would displace existing cinema parking and the application Includes a parking utilization study to analyze If the parking supply would remain adequate to serve the existing cinema and proposed restaurant.Access would be from the existing driveway cut off of East Valley Road.Sbdyseven(87)parking spaces are proposed for the restaurant.Location:3751 East Valley Road. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be Bled In writing on or before 5:00 PM June 21, 1999. Appeals must be Bled In writing together'with the required 875.00 application fee with:Hearing Examiner,City of Renton,1055 South Grady Way,Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-118. Additional information regarding the appeal process may be obtained from the Renton City Cleric's Office,(425)-430-8510. The Site Plan for this proposal has not been approved as yet. p„,Es, 1111 INF IrrinT pwe L , r • 4.1 ,„ AO _ � - r FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT SERVICES DIVISION AT(425)430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please Include'theproPlaNUMBERiR€When`ealtltlgfofpropertheIdenWlcatlon. CERTIFICATION I, (r- icy C die_ k , hereby certify that copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on c i 14111 • Signed: << ATTEST: Subcribed and sworn before me, a Nortary Publi ,in for the State of Washington residing in` , , on the lmjk day of L,, ,fq q MARILYN KAMCHEFF COMMISSION EXPIRES maw 1/ AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL ENVIRON 600 S. Washington Avenue, Kent, Washington 98032 NOTICE DEOTERMI ATIOF NENTAL ENVIRONMENTAL REVIEW COMMITTEE a dailynewspaper seventimes a week. Said newspaper is a le al RENTON,WASHINGTON published (7) 9 The Environmental Review Committee newspaper of general publication and is now and has been for more than six months (ERC) has issued a Determination of Non- prior to the date of publication, referred to, printed and published in the English language Significance - Mitigated for the following project under the authority of the Renton continually as a daily newspaper in Kent, King County, Washington. The South County Municipal Code. Journal has been approved as a legal newspaper by order of the Superior Court of the BLACK ANGUS LState of Washington for KingCounty. Proposal too,constECF 9 Y Proposal construct a restaurant in the The notice in the exact form attached, was published in the South County northeast corner of the parking lot of the Journal (and not in supplemental form)which was regularly distributed to the subscribers Act III Cinemas. Location: 3751 E. Valley duringthe below statedperiod. The annexed notice, a Rd. Appeals of the environmental determina- tion must be filed in writing on or before Black Angus 5:00 PM June 21, 1999.Appeals must be 9 filed in writing together with the required $75.00 application fee with: Hearing as published on: 6/7/99 Examiner, City of Renton, 1055 South Grady Way,Renton,WA 98055.Appeals to the Examiner are governed by City of The full amount of the fee charged for said foregoing publication is the sum of$37.38, Renton Municipal Code Section 4-8-11B. charged to Acct. No. 8051067 appeal p ocessamay be l otbtained from the ng eRennton City Clerk's Office,(425)-430-6510. Legal Number 6185 ) Published in the South County Journal /(el-- June 7, 1999.6185 Legal Clerk, So h -Journal Subscribed and sworn before me on this / day of ,n• , 19T 0��p9tECFPfFr"4 .# GeLT/4-3,--0-7---- YIN-.4'.4dkallig, pP N' .' �� Notary Public of the State of Washington Q; r.�ra�,` residing in Renton —o.— _ King County, Washington NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee (ERC) has issued a Determination of Non-Significance - Midgated for the following project under the authority of the Renton Municipal Code. BLACK ANGUS LUA-99-064,SA-A,ECF Proposal to construct a restaurant in the northeast corner of the parking lot of the Act Ill Cinemas. Location: 3751 E. Valley rd. Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 21, 1999. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing E;:aminer, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are gcverned by City of Renton Municipal Code Section 4-8-11B. Additional information regarding the ai peal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. Piblication Date: June 7, 1999 Account No. 51067 jnsmpub.dot CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATI DN NO(S): LUA-99-064,SA-A,ECF APPLICAN—: Barton Treece PROJECT NAME: Black Angus DESCRIPT ON OF PROPOSAL: Proposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a )arking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spE ces are proposed for the restaurant. LOCATION OF PROPOSAL: 3751 East Valley Road LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section 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 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-3-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals o1 either the environmental determination [RCW 43.21.0075(3), WAC 197-11-680] and/or the land use decision must be filed in writing on or before 5:00 PM June 21, 1999 (14 days from the date of publication),If no appeals are filed by this date, both actions will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained flan the Renton City Clerk's Office, (425)-430-6510. PUBLICATION DATE: June 7, 1999 DATE OF DECISION: June 1, 1999 SIGNATURES: L7----- --00074\---- .1/-r 6-1-Cr Gregg Zimmerman, Administrator DATE Department of Planning/Building/Public Works 7-4,74.ye // 2 ,J m Shepher , Administrator DA E Community Services 6 ,, , , A,,,,,,,,,,/, / /p Lee Whe)ler, Fire Chief , DATE. Renton F re Department dnsmsig w CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-99-064,SA-A,ECF APPLICANT: Barton Treece PR)JECT NAME: Black Angus DESCRIPTION OF PROPOSAL: Proposal to construct a 6,700 sq. ft. restaurant in the northeast cor ler of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the exi iting driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the res aurant. LO CATION OF PROPOSAL: 3751 East Valley Road MFIGATION MEASURES: 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$0.52 per square foot of new construction. This fee is estimated at $3,484. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2, The applicant shall be required to pay a Traffic Mitigation Fee of$75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $45,225. This fee is payable prior to issuance of Building Permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES AP-'LICATION NO(S): LUA-99-064,SA-A,ECF AP DLICANT: Barton Treece PR DJECT NAME: Black Angus DESCRIPTION OF PROPOSAL: Proposal to construct a 6,700 sq. ft. restaurant in the northeast cor ier of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the exi sting driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. LO:,ATION OF PROPOSAL: 3751 East Valley Road Ac visory Notes to Applicant: The following notes are supplemental information provided in conjunction with the en tironmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Bl ILDING Fo low design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150-feet of all points on all buildings. 4. Restaurants that are over 5,000 sq. ft. and serve alcohol are required to be fully sprinklered, Separate plans and permits are required for the installation of the fire sprinkler system. 5. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Home Base store. 0- Bla,k Angus LUi 1/4-99-064,SA-A,ECF Advisory Notes (continued) Page 2 of 3 PL\N REVIEW Water 1. The new main to the proposed fire hydrant is to be changed to an 8-inch from the proposed 6-inch. 2. The new water main to the proposed fire hydrant will need to be in a 15-foot utility easement. 3. Show location and size of the irrigation meter with a backflow prevention device. 4. Show City of Renton typical detail drawings with the plans. 5. Plans to meet City of Renton drafting standards. Storm/Surface Water 1. Show utility vertical crossing separations on construction plans. 2. Use NAVD 1988 Datum for project. 3. Storm System Development connection charges have been paid with the development of the Act III Theater. 4. Plans to meet City of Renton drafting standards. Wa stewater 1. If the project produces fats, oils, or grease, then an appropriate removal system will be required per plumbing code. Show type and size on Construction plans. 2. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25-feet. 3. Civil Construction drawings to adhere to City of Renton drafting standards. The drawing size is 22 x 34. Show applicable City of Renton standard detail on the construction plan sheet. 4. The Developer is to insure that no buildings are built over the existing utilities. 5. Show vertical clearances where utility line cross, 6. Side sewer to show a 2% slope from the building to the manhole. PO_ICE 2.!6 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common reported crimes in the city. To protect ma erials and equipment it is recommended that all materials and tools be locked up when not in use. ThE site will need security lighting and any construction trailer should be completely fenced in with por able chain-link fencing. The fence will provide both a physical and psychological barrier to any pro>pective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1 '2"throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's unc er construction (flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. Bla:k Angus LUi y-99-064,SA-A,ECF Ad%isory Notes (continued) Pace3of3 COMPLETED BUILDING It's important to direct any and all foot traffic into the main front entrance that should be monitored dur ng all hours of business. This will provide the building the control it will need to keep track of the cor zings and goings of all visitors. Any other exterior doors should be by coded access only to prevent tre:;passing of individuals who have no right to be on the property. All doors should be made of a solid cor wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the loc s. All doors should have peepholes installed to assist in easy identification of anyone outside the fac lity. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear and sid of the building as well. All areas for loading and unloading need to be properly lit for the safety of cw Comers and employees. It i recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of oach door to deter any criminals from breaking in at these points of entry. Laifdscaping around the exterior of the building should not be too dense or high. It is important to allow vis bility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING GE rbage and recyclable deposit areas and collection points shall be easily and safely accessible to ha fling trucks. PARKS All landscaping outside of property lines is to be maintained by the owner. • REPORT City of Renton Department of Planning/Building/Public Works DECISION ENVIRONMENTAL REVIEW& ADMINISTRATIVE LAND USE ACTION REPOAT DATE: June 1, 1999 Project Name: Black Angus Applicant: Barton Treece Owner: Act III Theaters File Number: LUA-099-064, SA-A, ECF Project Manager: Peter Rosen Project Description: Proposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. Project Location: 3751 East Valley Road, northeast corner of the Act Ill site Exist. Bldg. Area: 56,896 sq. ft. —Act III Theater Proposed New Bldg. Area: 6,700 sq. ft. Site Area: 66,000 sq. ft. — Black Angus Total Building Area: 63,596 sq. ft. restaurant 531,600 sq. ft. —Act Ill Theater site IF 1 .. l �;IF ..,, _ : ,,_____ . 4 i. ,...,_,, ,, i• its r cri.., �- i 1a,. � .. 1 a..,; i ,_.._,i , II i 1li■ 1 4 tip . .irt o rr- . / • - rProject Location Map SITERC.doc Cif)/of Renton P/B/PW Department Iminisfrative Site Plan Approval&Environme, ?eview Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPOF T OF JUNE 1, 1999 Page 2 of 12 f PART ONE: PROJECT DESCRIPTION/BACKGROUND Proposal to construct a 6,700 sq. ft. restaurant in the northeast corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. There is another restaurant proposal located in the Act Ill Cinema parking area, adjacent to the subject proposal. Both proposals are being reviewed concurrently and the issue of displacing the cinema parking will be evaluated for both restaurant proposals. The restaurant proposals will require approval of a parking modification in order to displace and utilize the cinema parking. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. 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 to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: The subject site is fully developed as a parking lot for the Act III Cinemas. Therefore, environmental impacts related to natural features of the site (i.e. soil/earth disturbance, water, etc.) are minimal because the site is presently improved with impervious surfaces. 1) Fire Protection Impacts The proposal would add new construction to the City which would require additional emergency services and potentially impact the City's Fire Department. A Fire Mitigation Fee applies to all new construction. The required mitigation fee is based on a rate of $0.52 per square foot of new construction. For the proposed development the fee is estimated at $3,484 (6,700 square feet X $0.52 = $3.484). The Fire Mitigation Fee is payable at the time that Building Permits are issued. Mitigation Measures The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $3,484. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. Policy Nexus Fire Mitigation Fee Resolution and adopting Ordinance, SEPA Ordinance. SITERC doc City of Renton P/B/PW Department Jministrative Site Plan Approval&Environme ?eview Committee Staff Report BLACK;ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPORT OF JUNE 1, 1999 Page 3 of 12 2) Transportation Impacts Access to the proposed restaurant would be from existing driveway cuts accessing the Act III Cinemas off East Valley Highway. The proposal would result in an increase in traffic trips and therefore would be subject to the City's Transportation Mitigation Fee. The Transportation Mitigation Fee is calculated to be $75 per each average daily trip attributable to the project. City staff estimates the number of traffic trips based upon the ITE Manual. The proposed restaurant is expected to generate 603 new average daily trips for a traffic mitigation fee of $45,225 (603 average daily trips X $75 = $45,225). The applicant has submitted a Construction Mitigation Plan which describes hauling and transportation routes to the site. The Construction Mitigation Plan states that construction would be performed between the hours of 7:00 a.m. and 7:00 p.m. In order to limit the impact of trucking activities during peak traffic periods, truck hauling hours are limited to between 8:30 a.m. and 3:30 p.m. under the Development Guidelines Ordinance. Mitigation Measures The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $45,225. This fee is payable prior to issuance of Building Permits. Policy Nexus: Environmental Ordinance, Transportation Mitigation Fee Ordinance B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON- SIGNIFICANCE- MITIGATED. X Issue DNS-M with 14 day Appeal Period. Issue DNS with 14 day Appeal Issue DNS-M with 15 day Period. Comment Period followed by a 14 day Appeal Period. C. Mitigation Measures 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $3,484. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2. The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $45,225. This fee is payable prior to issuance of Building Permits. SITERC doc City of Renton P/B/PW Department iministrative Site Plan Approval&Environme Review Committee Staff Report BLACK ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPOF T OF JUNE 1, 1999 Page 4 of 12 Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are t lot subject to the appeal process for environmental determinations. BUILDING Follow design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150- feet of all points on all buildings. 4. Restaurants that are over 5,000 sq. ft. and serve alcohol are required to be fully sprinklered, Separate plans and permits are required for the installation of the fire sprinkler system. PLAN REVIEW Wate r 1. fhe new main to the proposed fire hydrant is to be changed to an 8-inch from the proposed 6-inch. 2. The new water main to the proposed fire hydrant will need to be in a 15-foot utility easement. 3. Show location and size of the irrigation meter with a backflow prevention device. 4. Show City of Renton typical detail drawings with the plans. 5. Plans to meet City of Renton drafting standards. Storm/Surface Water 1. Show utility vertical crossing separations on construction plans. 2. Use NAVD 1988 Datum for project. 3. Storm System Development connection charges have been paid with the development of the Act III Theater. 4. Plans to meet City of Renton drafting standards. Wastewater 1. If the project produces fats, oils, or grease, then an appropriate removal system will be required per plumbing code. Show type and size on Construction plans. 2. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25- feet. 3. Civil Construction drawings to adhere to City of Renton drafting standards. The drawing size is 22 x 34. Show applicable City of Renton standard detail on the construction plan sheet. 4. The Developer is to insure that no buildings are built over the existing utilities. 5. Show vertical clearances where utility line cross, 6. Side sewer to show a 2% slope from the building to the manhole. SITERC doc City of'Renton P/B/PW Department iministrative Site Plan Approval&Environme Review Committee Staff Report BLACt: ANGUS RESTAURANT LUA-99-064, SA-A, ECF REPOR OF JUNE 1, 1999 Page 5 of 12 POLICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2" throw when bolted. Glass windc,ws in the trailer should be shatter-resistant. I alsc recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. COMPLETED BUILDING It's in'portant to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the comings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of individuals who have no right to be on the property. All doors should be made of a solid core wood or metal with :uxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Prop(:r security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to h,;iuling trucks. PARKS All lai ldscaping outside of property lines is to be maintained by the owner. SITERC doc 0 • WiaWashington State Northwest Region Department of Transportation 15700 Dayton Avenue North Sid Morrison P.O. Box 330310 Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 May 4, 1999 DEVELOPMENT PLANNING CITY OF RENTON Ci of Renton MAY 0 '-) 199q D velopment Services Division A : Peter Rosen RCC E 1055 S Grady Way Renton, WA 98055-3232 RE: Land Use No. LUA-99-064, SA-A, ECF Black Angus Dear Peter: Thank you for giving us the opportunity to review the Notice of Application for the Black Angus, which is located at 3751 East Valley Road. The State recommends that a traffic study be prepared to analyze the state intersections that are impacted by ten or more of the project's generated peak hour trips and also determine what mitigation measures, if any,would be required. If ou have any questions,please contact Don Hurter or John Collins of my Developer S rvices section. Don's number is (206)440-4911; John's is (206) 440-4915. Sincerely, „6„,_ ,7—c_p___:__ dicaeZ obert A. Josephson, P.E. Manager of Planning &Local Coordination F:jc J C cd: file CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: DUNE 1, 1999 TO: PETER ROSEN FROM: NEIL WATTS SUBJECT: PARKING MODIFICATION REQUEST BLACK ANGUS & RUBY TUESDAY RESTAURANTS I have reviewed the parking study prepared for the above listed projects by Transpo dated April 12, 1999. I do not agree with the approach or methods used in the study. I recommend denial of the parking modification for these projects reducing the required parking spaces for these new projects, unless formal approval is obtained from Home Base for use of their parking lot for overflow parking. The report fails to discuss the parking generation rates from the ITE Parking Generation Manual. This use is covered by ITE, with a listed average parking rate of 0.26 parking spaces per seat. This is almost identical to Renton's requirement of 1 parking space for every four seats. The study was conducted in February, which is a low month for ticket sales. The counts were increased by 14% to adjust to "average monthly conditions". The relevant condition for determining parking need is the peak condition, not average condition. The adjusted average conditions indicate that current usage is 84% on weekends. This level of usage indicates a likelihood that some of the theater customers are parking in the adjacent Home Base parking lot. This is increasingly likely during peak conditions. There are no current agreements between the property owners for such a parking arrangement. The study fails to discuss this overflow condition and impacts on the neighboring property's parking lot. The study also assumes that patronage of the theater will drop by 20% due to the addition of another theater complex in Tukwila. This assumption cannot be used in this analysis. Other market conditions are also changing which might increase the patronage to the theater. There is considerable new residential growth along Talbot Road near the site, as well as continued residential growth throughout the area. Will this increase the patronage to the theater? I believe that an assumption of a parking demand reduction due to future market condition changes is not appropriate for this analysis. I also have trouble accepting the use of a 30% reduction for "internalization" of parking demand. First, the 30% figure seems high, and there is no supporting data given to justify this figure. Second, the parking demand is still an issue, even if the same vehicles and passengers attend a movie and then dine at one of the restaurants. The space is not available for use by people MAY 27, 1999 PAGE 2 attending the next movie. The issue becomes how many people are parking in the lot during peak periods attending a movie, preparing to attend the next showing, and dining at one of the restaurants. This peak parking demand as a function of overlapping uses does not seem to be properly addressed in this study. A review of the parking demand for this site indicates that the current site is fully utilized under current average conditions, and possibly results in overflow parking on adjacent properties. The proposal is to remove 60 parking spaces, and increase the parking demand by 130 to 180 spaces for the new restaurant uses. Approval of this request would most likely result in increased usage of neighboring parking lots, without formal approval from those property owners. I recommend that the modification not be approved as requested. City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: b� 1 � 101(y1IC Fr i ;COMMENTS DUE: MAY 13, 1999 APPLICATION NO: LUA-99-064,SA-A,ECF DATE CIRCULATED: APRIL 29, 1999 APPLICANT: Barton Treece; Treece& Company PROJECT MANAGER: Peter Rosen pOJECT TITLE: Black Angus WORK ORDER NO: 78529 LOCATION: 3751 East Valley Road SITE AREA 66,000 sq.ft. BUILDING AREA(gross): 6,700 sq.ft. SUMMARY CIF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are propose: for the restaurant. A. ENVIRCINMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Element of the Major Information Probable Majorroorble More Impacts Impacts Environment Minor Earth P Necessary Impacts NecesInformsary P Impacts Necessary Air Housing Water Aesthetics Plants Llght/Glare Land/Shoreline Ise Recreation Animals Utilities Environmental h 30h Transportation Energy/ Public Services Natural Resourc:,s Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet a RELATED COMMENTS s i 5 3,c.,A)li I t Crot P W'Cwuwry 7 I - V Ft( 'v., 7 1-1-tf. r119'N ,v�� No Ports; iSs, r- SC tc�,� PLermini)rue, C. :=LATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w ation is needed to properly assess this proposal. t T Signa ure of D. tor or Aut ri e sentative /3/�� devaPP Date ENVIRONMENTALC ty Renton Department of ng/ lic I &of DEVELOPMENT/ b Works APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: � ) (�'_ COMMENTS DUE: MAY 13, 1999 J t APPLICATICV NO: LUA-99-064,SA-AECF DATE CIRCULATED: APRIL 29, 1999 APPLICANT: Barton Treece; Treece & Company PROJECT MANAGER: Peter Rosen WOJECT TI rLE: Black Angus WORK ORDER NO: 78529 LOCATION: 3751 East Valley Road SITE AREA 66,000 sq.ft. I BUILDING AREA(gross): 6,700 sq.ft. SUMMARY OF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Element o!the Probable Probable Impacts Information Environment Minor More Earth P Impacts Necessary Impacts Major Information P Impacts Necessary Air Housing Water Aesthetics Plants Light/Glare Land/Shoreline Ise Recreation Animals Utilities Environmental h'aa/th Transportation Energy/ Public Services Natural Resources Histonr/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICYRELATED COMMENTS C. !ELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. C �-c2O Signature of Director or Aut o ed Representative devapp Date PROJECT LUA-99-064, SA-A, ECF Black Angus Restaurant City of Renton Department of Planning/ Building / Public Works NVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET (Continuation) PO I ICE RELATED COMMENTS 3.4 a Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common reported crimes in the city. To protect materials and equipment it is recommended that all materials and tools be locked up hen not in use. The site will need security lighting and any construction trailer sho ld be completely fenced in with portable chain-link fencing. The fence will provide bot a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2" throw when bolted. Glass windows in the trailer should be shatter-resistant. I alto recommend the business post the appropriate"No Trespassing" signs on the property while it's under construction(flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing bui ding materials. C MPLETED BUILDING It' important to direct any and all foot traffic into the main front entrance that should be mo itored during all hours of business. This will provide the building the control it will ne d to keep track of the comings and goings of all visitors. Any other exterior doors sh uld be by coded access only to prevent trespassing of individuals who have no right to be n the property. All doors should be made of a solid core wood or metal with au iliary locking devices with latch guards or pry-resistant cylinders around the locks. Al doors should have peepholes installed to assist in easy identification of anyone ou side the facility. Pr per security lighting needs to be installed in the parking lots, along the walkways, and in he rear and side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed,with all doors leading to the outside having the words "Alarmed Door"in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Page 1 of 2 PROJECT LUA-99-064, SA-A, ECF Black Angus Restaurant City of Renton Department of Planning/ Building/ Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET (Continuation) Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. Page 2 of 2 I!!! Trespass users Enforcement WATCH • Quite often, business owners and managers are faced with crimes that occur on the property after the businesses are closed and the employees have gone home. Some of the crimes that occur are burglary, vandalism, graffiti, trespassing, drug dealing and robbery in the parking lots. There is a way for police and business owners to discourage these types of crimes from taking place on private property, and that is by enforcing the City of Renton's Municipal Trespass Code 6-18-10. In order for police to be able to make an arrest for Trespass, business owners or managers need to purchase signs and display them in conspicuous areas on the property. These signs need to include the following language: 1. Indicate that the subject property is privately owned and; 2. Uninvited presence on the specified property is not permitted during the hours the business is closed, and; 3. Violators will be subject to criminal sanctions pursuant to Renton City Code 6-18-10. MOST IMPORTANTLY-THE SIGNS SHOULD BE CONSPICUOUS FROM ALL POSSIBLE POINTS OF ENTRY TO THE PROPERTY, AND ALSO BE PLACED ON THE EXTERIOR OF THE BUILDINGS. This way when a suspect is arrested, he/she will not be able to claim as a defense that he/she did not know he or she was trespassing. EXAMPLES FOR TRESPASS SIGNS: NO TRESPASSING NO TRESPASSING This is private property. Persons without specific No Trespassing after business hours business are not authorized to be on the premises between (insert specific times). Anyone on the the hours of(insert the hours your business is closed). premises after business hours is subject to Violators are subject to arrest and/or citation for criminal arrest and/or citation for Criminal Trespass pursuant to Renton City Code #6-18-10.. Trespass and/or impoundment of vehicle. Per Renton City Code #6-18-10. By enforcing the Trespass Ordinance, business owners and police will be sending a message to criminals that they are not allowed to conduct criminal activity on the property. In making arrests for Trespass, police may be preventing the more serious crimes from taking place. `�Y COURTESY OF RENTON POLICE DEPARTMENT y� ` CRIME PREVENTION UNIT -N • 235 - 2571 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWIN3 DEPARTMENT: 6,v1/4.S-tki 61/) &.Wr(e!, COMMENTS DUE: MAY 13, 1999 APPLICATION NO: LUA-99-064,SA-AECF DATE CIRCULATED: APRIL 29, 1999 APPLICAN ": Barton Treece; Treece & Company PROJECT MANAGER: Peter Rosen Lc_IVELOf Yti,t_NT SERVICE. CITY OF REN7ON pOJECT TITLE: Black Angus WORK ORDER NO: 78529 LOCATION 3751 East Valley Road ! R 3 1999 SITE AREA 66,000 sq.ft. I BUILDING AREA(gross): 6,700 sq.ft. LiECEIVEn SUMMARY OF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization :tudy to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of th:r Probable Probable Environment of obr More Element of the Probable Major Information EnvironmentMajor More Impacts Impacts NecessaryMinor Major Earth Impacts Information P Impacts Necessary Air Housln Water Aesthetics Plants Li hUGlare Land/ShorellnE Use Recreation Animals Utilities Environmental iealth Trans rtah'on Energy/ Public Services Natural Resour;es Historic./Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICYRELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where add tional information is needed to properly assess this proposal. Signature of Dire,::tor or Authorized Representative, Date devapp City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWIF';G DEPARTMENT: COMMENTS DUE: MAY 13, 1999 APPLICATION NO: LUA-99-064,SA-A,ECF DATE CIRCULATED: APRIL 29, 1999 APPLICANT: Barton Treece; Treece&Corn an PROJECT MANAGER: Peter Rosen Fi?OJECT TITLE: Black An us WORK ORDER NO: 78529 LOCATIONI: 3751 East Valle Road SITE AREA: 66,000 sq.ft. BUILDING AREA(gross): 6,700 sq.ft. SUMMARY OF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parkin utilization ;:.tudy to analyze if the parking supply would remain adequate to save the existing cinemas and proposed g restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of fib? Probable Probable Environment Probable More Element of the Major Information Environment Probable Probable More Earth Impacts Impacts Necessary Impacts Minor Major Information Necessary Impacts Necessary Aia Housin. -- Water Aesthetics Plants --. -- AnimalLanctrShoreline Use Recreation -- Animals Utilities -- Environmental 4ealth Trans..rtatlon -- Energy/ Public Services -- Natural Resour res Presservatervatu/tural re _- Pion Airport40 Environment 10,000 Feet 14 00 Feet B. POLICY RELATED COMMENTS L s (7- 9 C. CODE-RELATED COMMENTS 4 710 i��/ We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. eq6e-Y-'7Ce Signature o Director or Authorize Representative / devapp Date City of Re Department of Planning/Building/Public L..,,,.s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: -I-ivy\sixil-a ir..0 COMMENTS DUE: MAY 13, 1999 APPLICATIC.N NO: LUA-99-064,SA-A,ECF DATE CIRCULATED: APRIL 29, 1999 3CR�/ICES i✓�VLLOi r'.,;_,. APPLICANT Barton Treece; Treece&Company PROJECT MANAGER: Peter Rosen t^.ITY OF RENTO, TiZOJECT T TLE: Black Angus WORK ORDER NO: 78529 APR Q 19' LOCATION: 3751 East Valley Road SITE AREA: 66,000 sq.ft. BUILDING AREA(gross): 6,700 sq.ft ,j,;, ,,,,,..i y �_ SUMMARY DF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are propos:A for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of tt e Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary • Earth Housing Air Aesthetics • Water Light/Glare Plants Recreation Land/Shorelir 9 Use _Utilities • Animals Transportation Environments'Health Public Services Energy/ Historic/Cultural Natural Reso�rces Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS / �J. die•b- 7'4' � L -��Z / k1 ' IO t�l i f T . Li�/ �' n I ` ( ( L :1-41.--- 1:lezi 7Lli �y� Y Alt.�� r (�vc�q 1 ✓f GL f < y- vi c / e ve.(6. yJo�P d l d e 9' ads- Zf 9 a.:. z �.- _F t a / It e. ')- le4 t SI149++--R4-- /itf 14 6 Y rrbs 4a'Y Re-5J la24 Pal- - C. COD,!=-RELATED COMMENTS _. ?►�au S re best f1 o h i/ i 9 1�"i Le_ ��e �s 210 74; `"-=' i%, fi- 'i �.1-,.) 11 f' ,'ram y�� ye � �1 e, r' T:c' X//�j6'6 -g 41 2 Z.` s e.e, o ff a G s.,r,.e_, We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Reprntative Date devapp Rev.10/93 G n rA))1' • • .,.'fx" ":.i�;,�."+«rra»r.-•�+u<,..c.�.so»..�.....•.......a+•-x• .�.,p,...w..,,�,s ,,, TFrAt r§ (51.3 t" I�11 7 .KVA C 1I FEE r7:rww.r..arw.., ..:. ....,.-....�s...wr....,-.vr+►V...+.....0....s ..w+w-t-..urw....s.+.w....rr.....�,...Tv..... Project Name 73/aGk A.t4. cios iee'5lacrvuo Project Address 3751 6aS1 1/41/r koocl Contact Person 13a✓tOfI 1 veeCe Address 3 Z 0 2 A4 A✓ S ) She ZW N 1Cty k !cam,( cfg O ) Phone Number 42,5 - 522 - 2577 • Permit Number q'- 06 '4 Project Description pf" G 700 5.-r 4(aa III VeS14uvc IiTt Land Use Type: Method of Calculation: ❑ Residential ❑ ITE Trip Generation Manual gRetail Traffic Study ❑ Non-retail 0 Other Calculation: Pc✓ EP:viv. - 603 kiecv c�a��// Zvip5 ( C,c3 ) ( 176 ) = 5 ?_ 25 Transportation Mitigation Fee: y, 2 •2 5 cJ Calculated by: I 0 00-7 Date: 5/3hq Account Number: • - • Date of Payment ENVIRONMENTALC ty Renton Department of ng/Building/ ic ks I &�f DEVELOPMENT/ APPLICATION OrN REVIEW ---- W SHEET REVIEWING DEPARTMENT: ire P Ay -i COMMENTS DUE: MAY 13, 1999 APPLICATION NO: LUA-99-064,SA-AECF DATE CIRCULATED: APRIL 29, 1999 APPLICANT: Barton Treece; Treece& Company PROJECT MANAGER: Peter Rosen $+izOJECT TITLE: Black Angus WORK ORDER NO: 78529 LOCATION: 3751 East Valley Road SITE AREA: 66,000 sq.ft. ;1 01999 BUILDING AREA(gross): 6,700 sq.ft. \sir , SUMMARY OF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Element o/the Probable Probable Impacts j Information Environment More Earth P Impacts Necessary Impactsin or Major Information Impacts Necessary Air Housin Water Aesthetics Plants Light/Glare Land/Shoreline Use Recreation Animals Utili6'es Environmental l lealth Transportation Energy/ Public Services Natural Resoun es Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet P--P- 1,4 c B. POLICYRELATED COMMENTS • fVc,1/e • C. CODE-RELATED COMMENTS 5-cc ct. G �` C O rK a '� � 4,,4 Altay S r929 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where adaltional information is needed to property assess this proposal. CC� /5---A Signature of Dire;tor or Authorized Representative Date /� devapp t a rcY o CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM UNTO DATE: May 5, 1999 TO: Peter Rosen, Senior Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Code-Related Comments for Black Angus Restaurant 1. The fire flow required for the main building is 1,500 gpm. Two fire hydrants are required. One fire hydrant is required within 150-feet of the proposed structure and one fire hydrant is required within 300-feet of the structure. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5- inch storz fittings. 2. The fire mitigation fees are applicable at the rate of $0.52 per square foot of building: 6,700 square feet x $0.52 = $3,484.00. This fee is payable at the time of building permit issuance. 3. Separate plans and permits are required for the installation of the kitchen hood fire extinguishing system. 4. Restaurants that serve alcohol over 5,000 square feet are required to be fully fire sprinklered. Separate plans and permits are required for the installation of the fire sprinkler system. 5. Fire lanes will be painted per city ordinance. Fire lanes are required to be a minimum 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150-feet of all points on all buildings. 6. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Homebase store. CT:ct angus City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ma,1 Reu &u - (.426l COMMENTS DUE: MAY 13, 1999 O APPLICATION NO: LUA-99 064,SA-A ECF DATE CIRCULATED: APRIL 29, 1999 APPLICANT: Barton Treece; Treece& Company e ��0�� P Y PROJECT MANAGER: Peter Rosen (j F�f�OJECT l ITLE: Black Angus WORK ORDER NO: 78529 �C c:5" O4 LOCATION: 3751 East Valley Road '� Q� SITE AREA 66,000 sq.ft. I BUILDING AREA(gross): 6,700 sq.ft. -tY SUMMARY )F PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization s udy to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. MMUIIIMIN A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element the Probable Probable Environment oft obr More Element of the Probable Major Information Environment Probable More Impacts Impacts Necessary Minor Major Information Earth Impacts Impacts Necessary Air Housing Water , Aesthetics Plants Light/Glare Land/Shorel/ne Jose Recreation Animals Utilities Environmental Health Transportation Energy/ Public Services Natural Resoun es Historic./Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICYRELATED COMMENTS ___c-L_ v,---...-e--(-± t e .l C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. �2e1I c �Ge f://)3L,Signature of Director or Authorized Represent'ative Zt Da ��devapp BLACK ANGUS RESTAURANT 4100 BLOCK EAST VALLEY RD. Environment Review DEVELOPMENT SERVICES May 13, 1999 WATER: 1. The new main to the proposed fire hydrant is to be changed to 8-inch from the proposed 6-inch. 2. The new water main to the proposed fire hydrant will need to be in a 15-foot utility easement. 3. Show location and size of the irrigation meter with a backflow prevention device. 4. Show City of Renton Typical Detail drawings with the plans the plans. 5 Plans to meet City of Renton drafting standards. 99cm042W 99CM042W.DOC\ C ty of Renton Department of /ENVIRONMENTAL & Planning DEVELOPMENTAPPLICATION REVIEW SHEET REVIEWINC, DEPARTMENT:1,U ny( 3 - ;- COMMENTS DUE: MAY 13, 1999. APPLICATION NO: LUA-99 064,SA-A ECFLOPN►ENT SERVICES DATE CIRCULATED: APRIL 29, 1999 CITY OF REN t Url APPLICANT Barton Treece; Treece& Company PROJECT MANAGER: Peter Rosen f� OJECT T TLE: Black Angus 1� WORK ORDER NO: 78529 LOCATION: 3751 East Valley Road SITE AREA 66,000 sq.ft. BUILDING AREA(gross): 6,700 sq.ft. SUMMARY OF PROPOSAL: Proposal to construct a 6,700 sq.ft. restaurant in the northwest corner of the parking lot of the Act III Cineinas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Element of the Probable Probable ImpactsjorInformation Environment Minor More Earth ImpactsNecessary ImP Impacts Necessary Air Housin Water Aesthetics Plants Li ht/Glare Land/Shoreline Jse Recreation Animals Utilities Environmental I,ealth Transportation Energy/ Public Services Natural Resoun es Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY•RELATED COMMENTS &-- .. ,• 5, e G--> 2 -ft-c-7 c /r) 1.-e—c. it-A,— --Pc) )).- re_ 1//(02-i__) .,.74e,„,,..i C. CODE-R!=LATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional inform Lion is needed to properly assess this proposal. ' 9'1 ' 4 _ ttp . - Signature of Director or Authorized Representative ( a ,C /C devapp Date BLACK ANGUS RESTAURANT 4100 BLOCK EAST VALLEY RD. Environmental Review DEVELOPMENT SERVICES May 13, 1999 SEWER: 1. If the project produce fats, oils, or grease, then an appropriate removal system will be required per plumbing code . Show type and size on Construction plans. 2. Side sewer line to have a 2%slope from the building the manhole. 3. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25-ft. 4. Civil Construction drawings to adhere to City of Renton drafting standards. Drawing size is 22 x 34. Show applicable City of Renton standard detail draws on the construction plan sheet. 5. The Developer is to insure no buildings are built over the existing utilities. 6. Show vertical clearances where utility lines cross. STORM SURFACE WATER: 1. Show utility vertical crossing separations on construction plans. 2. Use NAVD 1988 Datum for project. 3. Storm System Development Connection charges has been paid with the Development of Act III Theater site. 4. Drawings to be per City of Renton Drafting Standards with City standard detail drawings with the Construction Plans. 99cm042SD 99CM042S.DOC\ '.ri}x f%/�.:.,�'•::r%<S,.';,%. .%{F'. �: ..4 {?f;3Yi� iS..:F F:Ft:F?w,.i::��,•:I: t8`.•:?`r i�5.:...::::r:.:'F:FS%•>..rkp,?::;r{...:L:::.{;:;::#:2•{, ::•r,.:2{{:, •:!i, w%�f�r�r�••::f..: ..:.u.y�.' h) s.�.:?}Y�:•r/T.f.�"•ray :2'.;Y. ...<{,•::•r:Q.:.:,!:..G:. ::h.il::,.:•.:`t• :;•.•Y•, si.a...: {!/SS :Yix/•!f': qr�... 4i:'Ji..:.:.r. ,/./. .r Att ..�:fiii'• `:yiY`+.'FFr;.!l:.h:.:,:....k:•sT:nt2;iiv:i: •::':##;?i:• .h..#?!•FF %�.s... r..:.. {n:: .{: /Hf�!. r G':r,/,r:. q :/;::• r/i•r.rnu ::F:'tl•:.k.9:.:•::.:gF'•.�;:.st7,.r.<....::::.,.,..�.,...,•.: .,.:{.,h..x::;1'..F:.:::.�,; :•.u!:.:::•:r: ....�3!`:+r.....f?. . •.F.;•:.r. �?'6//is i 5{//, ��,!: �iF � �'�' �:cxt.s:•::` f ` ,•:�;hx • ..h.. .{. 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't?>'+??:iaF' •:•..:::.:...... .....,:'. .$;;:k.......'.:•{:'nF;.'.�::.�:::•:v:.;..;;;..{.::.:. :::.:................ .N;.h..... x i•F'v.',wf:'J.Ef'A : .'F•. }} .:{:.., :.,�„•x.,t::.v•.�.�:::....o::.i::::•::::,: :,,:: ::.:..r:.;::.:i:.::.:::,:«:::..::•;:•:. .:C!>, . :.;...f..s•??:.::•.,'{:%•,7 •:F^•:•.:?:.dsy.•::t/�•.%2••�.;�, <{.,.•:y5:t;:! .,.,.Srn;x; t. :': :•'{v:•:::;.,. x. '' ...t: •# �?v,{::k;.t:�:pr,,��,:SS,:.;;�; ��•>�rti<. �s. :.). .fto.zir,• ..?:::g;:$#F::<F:FSF+ ::.\.:: %:#::,#{;bj$FSF;^:' ,;n., .k. ,`., .dr::...F:,s�,�''! .:d •r:S3:•x:• '• ? ,�.::....�? �.: .. ,..�:.:,,.:<<:•.;::•;>.:?r:,.,h::�:..r...r:.with�rt:;300:.;:. et.:... . ...... .. .l .>:��•��•,,.. �:.k...!..�:..rr.....{...{...#{,F...r.?......�.. PROJEC'}'NAME: a.01/4.1ilS • A/rY1 APPLICATION NO: LOA 9 Ci ®(, Sw — w , The following is a list of property owners within 300 feet of the subject site. Qa 1rftLAN ;NG Services Division will notify these individuals of the proposed development. CITY OF RENTON • APR 2 2 1999 RECEIVED ACT III THEATERS SCC PROPERTY HOLDINGS INC 7132 COMMERCIAL PARK DR 1201 THIRD AVE #2200 KNOXVILLE, TN 37918 SEATTLE, WA 98101 HCWA REALTY CORP c/o HOMEBASE AN BILL C+SOO K 3345 MICHELSON DRIVE 3122 LEEWARD CT NW IRVINE, CA 92715 OLYMPIA, WA 98502 R J HALLISSEY CO INC GOLDEN TREASURY L.L.C. 12835 BEL-RED ROAD #140, 3122 LEEWARD CT NW BELLEVUE, WA 98005 OLYMPIA, WA 98502 • GRIFFIN - SCHOEN PROPERTIES CAPTEC FINANCIAL GROUP INC 24800 PACIFIC HWY SO 24 FRANK LLOYD WRIGHT DR FLR 4 KENT, WA 98032 \ ANN ARBOR, MI 48106 VIROPA L.L.C. EUGENE T & PENNY R CHURCH 1200 WESTLAKE AVE N #505 3820 EAST VALLEY HWY SO SEATTLE, WA 98109 RENTON, WA 98055 PRINCIPLE MUTUAL LIFE INSURANCE YOUNKER LIMITED PARTNERSHIP 711 HIGH STREET 3900 EAST VALLEY RD #102 DES MOINES, IA 50392 RENTON, WA 98055 POWELL ORILLA L.L.C. TORGER A & RANDI STOKKA 737 MARKET STREET 4000 EAST VALLEY HWY KIRKLAND, WA 98033 RENTON, WA 98055 (Continued) • ME ADDRESS ASSESSOR'S PARCEL NUMBER • • Applicant Certification , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: 0 City of Renton Technical Services Records CI Title Company Records Ulf° King County Assessors Records Signe --�' Date,7L'g9 pplicant) NOTARY ATTESTED: u cribed nd sworn before me, a Note Public, i a d or the State of Was i ton, residing at ��v4a^ on the ay of f 1. 19 �y. aor • - Signe (Notary Public) L�J MAR?L`AV NAM�M!PP •�.•For' 'tfRerrt . •> ```' CERTIFICATION OF MAILING I, C . , hereby certify that notices of the proposed application were mailed to (City Employee) each.listed•property owner on'` r • .> NOTARY ATTE ST Subscribed and sworn before me,;a Notary Public, inand for the;State of Washington residing af` i on the fy • Signed ��, e 'YE :.; . . .: llstprop.doo Revo7/9a MARILYN KAMCHEFF 2 COMMISSION EXPIRES 6/29/99 Development Regulations Used Far Project Mitigation: The proposal will be subject to the Cily's Environmental Ordinance,Zoning Code l�Y O regulations,Public Works Standard's,Unilorms Building Code,Unilor n Fire o 1 • Code,etc. These adoWed codes eM slandaMs will lundion to militate Proled gy impacts. �,A S Proposed Mitigation Measures: �N��S The following Millgellon 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. NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF 1.Traffic Mitigation Fee-575.00 per new average daily trip attributed to the proposal. 2.Fire Mitigation Fee-$0.52 per square foot of new construction, NON-SIGNIFICANCE, MITIGATED (DNS, M) Comments on the above application must be submitted in writing to Mr.Peter Rosen, Project Manager, Development Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on May 20,1999. If you have questions about this proposal,or wish to be made a party of record and receive additional notification by mail,contact Mr.Rosen at(425)430-7219. Anyone who submits written comments will DATE: APRIL 30,1999 automatically become a party of record and will be notified of any decision on this project. LAND USE NUMBER: LUA-99-064,SA-A,ECF CONTACT PERSON: MR.PETER ROSEN(425)430-7219 APPLICATION NAME: BLACK ANGUS I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION PROJECT DESCRIPTION: Proposal to construct a 6,700 sq.8.restaurant in the northwest comer of the parking lot of the Act III Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze it the parking supply would remain adequate to save the existing cinemas t and proposed restaurant. Access would be from the existing driveway cut oil of East Valley Road. Sixty-seven(67) c parking spaces are proposed for the restaurant. iiii - i PROJECT LOCATION: 3751 East Valley Road I OPTIONAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M):As the Lead Agency,the City of 1�� II ^ Renton has detem mined that significant environmental Impacts are unlikely to result from the proposed project. r< Therefore,as permitted under the RCW 43.21C.110,the City of Renton Is using the Optional DNS(M)process 10 give • notice that a DNS-M Is likely to be Issued.Comment periods for the project and the proposed DNS-M are Integrated Into II e single comment perio0.There will be no comment period following the Issuance of the Threshold Determination of + , — Non-SIgniticance Mitigated(DNS-M).A 14 day appeal period will follow the Issuance of the DNS-M. • PERMIT APPLICATION DATE: April 22.1999 NOTICE OF COMPLETE APPLICATION: April 29.1999 p ®'AAA�IAPPLICANT: Mr.Barton Treece;Treece 3 Company,Inc.;320 Second Avenue • South,Suite a200;Kirkland,WA 95033;phone(425)522-2577 .�pr/ OWNER: Eastgate Theaters,Inc.;do Regal Cinema;10332 Robin Oaks Drive; I d... --'-H.!. 1 r Las Vegas,NV 89117 - , t i PERMITS/REVIEW REQUESTED: SEPA Environmental Review,Site Plan Approval t i; .I Sf{• .,...,ems.., OTHER PERMITS WHICH MAY BE REQUIRED: Construction and Building Permits _ ' �:,I /, REQUESTED STUDIES: Parking Utilization Study,Drainage Report,Geotechnical Report ; I , �� D� II LOCATION WHERE APPLICATION MAY f_ •"'•" O O ��' BE REVIEWED: Planning/Building/Public Works Division,Development Services Department. __� JA ' i'L 1055 South Grady Way,Renlon,WA 98055 frPUBLIC HEARING: Not required.Administrative review only. CONSISTENCY OVERVIEW:Analytical processe - �O 'Project consistency refers to whether a project Is conslslent with adopted Tppt ca lede a of meni r egon bons.or In their absence,comprehensive plan policies.RCW 36.7OB.110(2)(g)provides • j Include a statement of the preliminary determination of a project's consistency with the type of land use,levet of development,Infrastructure,and character of development II one has been made at the lime of notice.At a minimum, every NOA shall Include a determination of the project's consistency with the zoning,comprehensive plan and / development regulations. • Land Use: Subject site Is located In the Commercial Arledal(CA)zone.Restaurants are allowed as a primary permitted use In the CA zone.The proposal complies with the development standards of the CA zone. i . 1Environmental Documents that / Evaluate the Proposed Project: Environmental Checklist. dFJY .... ..._ CERTIFICATION I, C %1(.0.. G' (D ,i , hereby certify that 3 copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on tVgl L.- ;30, 14-Icicl • • Signed: /.f� .e-�,L ATTEST: Subcribed and sworn before me, a Nortary Public,tin or the State of Washington residing in , on the f L'h. day of }1zt-.,a • .-----Y7"-\ CLAAV..--•.' /1-20....„, A U ' MARILYN KAMCHEFF COMMISSION EXPIRES 6/29/99 - G1�Y O't) soMA ttliN NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS, M) DATE: APRIL 30,1999 LAND USE NUMBER: LUA-99-064,SA-A,ECF APPLICATION NAME: BLACK ANGUS PROJECT DESCRIPTION: Proposal to construct a 6,700 sq. ft. restaurant in the northwest corner of the parking lot of the Act Ill Cinemas. The proposed restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to save the existing cinemas and proposed restaurant. Access would be from the existing driveway cut off of East Valley Road. Sixty-seven (67) parking spaces are proposed for the restaurant. PROJECT LOCATION: 3751 East 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 43.21 C.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). A 14 day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: April 22,1999 NOTICE OF COMPLETE APPLICATION: April 29, 1999 APPLICANT: Mr.Barton Treece;Treece&Company,Inc.;320 Second Avenue SI , South,Suite#200;Kirkland,WA 98033; phone(425)822-2577 ✓ OWNER: Eastgate Theaters,Inc.;Go Regal Cinema;10332 Robin Oaks Drive; Las Vegas,NV 89117 PERMITS/REVIEW REQUESTED: SEPA Environmental Review,Site Plan Approval OTHER PERMITS WHICH MAY BE REQUIRED: Construction and Building Permits REQUESTED STUDIES: Parking Utilization Study,Drainage Report,Geotechnical Report LOCATION WHERE APPLICATION MAY BE REVIEWED: Planning/Building/Public Works Division,Development Services Department, 1055 South Grady Way,Renton,WA 98055 PUBLIC HEARING: Not required. Administrative review only. CONSISTENCY OVERVIEW: Analytical process Project consistency refers to whether a project is consistent with adopted and applicable development regulations,or in their absence,comprehensive plan policies. RCW 36.70B.110(2)(g)provides that the Notice of Application(NOA) include a statement of the preliminary determination of a project's consistency with the type of land use,level of development,infrastructure,and character of development if one has been made at the time of notice. At a minimum, every NOA shall include a determination of the project's consistency with the zoning,comprehensive plan and development regulations. Land Use: Subject site is located in the Commercial Arterial(CA)zone. Restaurants are allowed as a primary permitted use in the CA zone. The proposal complies with the development standards of the CA zone. Environmental Documents that Evaluate the Proposed Project: Environmental Checklist. GENMALOT Development Regulations Used For Project Mitigation: The proposal will be subject to the City's Environmental Ordinance,Zoning Code regulations, Public Works Standard's, Uniform Building Code, Uniform Fire Code, etc. These adopted codes and standards will function to mitigate project impacts. Proposed Mitigation Measures: 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. 1. Traffic Mitigation Fee-$75.00 per new average daily trip attributed to the proposal. 2. Fire Mitigation Fee-$0.52 per square foot of new construction. Comments on the above application must be submitted in writing to Mr. Peter Rosen, Project Manager, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on May 20, 1999. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Mr. Rosen at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: MR. PETER ROSEN (425)430-7219 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION s a WO SOTTO a. 1111.1111 a '.'I i a 1 ^`ONOMT ■ - : i § IP WI I1N • osli UM s , Id arif ls•T,i� litl. J '1k31 , . .e/.:-:'—'1=-N: _.] law alowi .,.:„..„ /.. , 2 \ e- I .... 4111 fj 1= 1 - 1111M, _ - 40... rtt a III • I M:.. io 0rr �, J � S • ' /46 r i i , „.," GENM J _._ _ ..._ .___ a M. CITY )F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor April 29, 1999 Mr. Barton Treece, Jr. Treece & Company, Inc. 320 Second Avenue South, Suite#200 Kirkland, WA 98033 SUBJECT: Black Angus Project No. LUA-99-064,SA-A,ECF Dear Mr. Treece: • The Development Planning Section 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 01, 1999. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me, at (425) 430-7219, if you have any questions. Sincerely, Peter Rosen Project Manager cc: Eastgate Theaters, Inc./Owners 1055 South Grady Way - Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer ' CITY OF RENTON DEVELOPMENT SERVICES DIVISION :.:::.,..•: ...;:.. . ..:. LAND USE P E MIT R MASTER APPLICATION `. PROPERTY OWNER(S) PROJECT INFORMATION Note: If there s more than one legal owner, please attach an additional' notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: 750 NAME: 1 1e� g 64 C t- Akt-g of /e& Ea sf7Gje. 7 e'r, /KG L` ��O! Cr fit bue. PROPERTY/PROJECT ADDRESS(S)/LOCATION: 1p ADDRESS: pp Wr Si ,f /Oo$Z 466!ti OA II be CITY: 40.11. VP.'14 Aie✓ ZIP: 6g t 1 7 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): /Z t O- VC i2 •03 TELEPHONE NUMBER: Tint • 44. 4" EXISTING LAND USE(S): APPLICANT'(if other than owner) / lr NAME: �o✓` t i 16bY! (mil viv- PROPOSED LAND USES:600 StQ rCiti v COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: r�-� / /M ) C9 aft- ADDRESS: M� PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): 3 Zo 2 -4-04 . So46 .fo , rk Zoe ivl4 EXISTING ZONING: CITY: , 4. 44 ZIP: Q'53, DEVELOPMENT PLAN;J1�IG G A CITY OF RENgnTON TELEPHONE NUMBER: 47 '8Z2 • Z57 APR IJ99 PROPOSED ZONING (if applicablRECEIVED • CONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: 14.44G W5 44p bolo coc .51 COMPANY (if applicable): PROJECT VALUE: tip ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? fie CITY: ZIP: IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? We TELEPHONE NUMBER: LEGAL,DES,wt1JPTION a . PRf1PERTY (Attach sQpJrate sheet if necessary;) . • TYPE OF APPLICATION & EEES Check aII application types,that`apply- City;staffwlll tietermine rtees _ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ _ REZONE $ — LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ — SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ _ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ SITE PLAN APPROVAL $ k000. 00 _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: 1 PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: ) _ PRELIMINARY _WAIVER $ _ FINAL _ WETLAND PERMIT $ _ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ BINDING SITE PLAN $ —SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE $ - _ EXEMPTION $No Charge ✓ ENVIRONMENTAL REVIEW $ 500. 0 d REVISION $ AFr.iDAVITOE OWNERSHIP' I, (Print Name)tretr'rdN 7Pesoectideclare that I am (please check one)_the owner of the property involved in this application, I/the authorized representative to act for the property owner (please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. ATTEST: Subscribed and worn to before me, a Notary Public,in and "gel rz�Qn �, jr 7 je r the State of( *. Kt esidinggt 11 (Na - of •caner/Represen ative) on to ay of 1 ('•ignature of Owner/R prese tative) 12Gr/ (Signature of Notary Public) ILYN AMI4EF (Thi section to be completed by City I=1Ie Number. 0 A AAD BSP :CAPS U C ASCU A C .-H. LLA MF RI FPUD FP PP R RVMF SA SA H SHPL-A SI-IPL. H SP SM SME TP V A V B V-H W TOTAL FEES $ ► TOTAL POSTAGE PROVIDED S L* MASTERAP.DOC REVISED 8/97 I 33 uu Marcia 31, 1999 Mr. Peter Rosen City of Renton Development Services Division 1055 So. Grady Way Renton, WA 98055 RE: Black Angus Restaurant and Ruby Tuesday Restaurant Submittal,. Deal Peter: Plewe consider this letter Our authorization for Barton 0. Treece, Jr., Treece and Company, Inc., to act c n our behalf in matted of submittals and approvals for the Black Angus Restaurant and also for the is ocoming than plat of the Act III property. .n+�.o..r besta.tt : .da :.sfeea zbr arrtol.c D_ L�raes.M�iok Lcnt= Arc}�c.ate. t0 ac't on c'ur bvhutrf4ar submittals Ittals .itd approvals o£tha Rxtby Tta.cday <avt�aac�rat. Plee,sc call should you meta aaatt[oxsal Lnzotirtsuoai_ Best Regards, Bas':gate Theaters, Inc. ..D;774;;;:2 -Ef'/' 'rim Reed TR sn;rosen,m31 o '17e'd II£# 3t ;9I bI-bO' E,I . kioaa Proposed Black Angus site legal description at Renton's Act III theater property: A portion of New Lot 3 of City of Renton Lot Line Adjustment No. LUA-94-157-LLA as recorded under King County Auditor's file No. 9511299006 described as follows: Beginning at the Northeast corner of said New Lot 3; Thence S 01°50'09"W along the East line thereof for a distance of 242.10 feet; Thence N 88°09'51"W for a distance of 230.56 feet; Thence N 01°50'09"E for a distance of 39.00 feet; Thence N 88°09'51"W for a distance of 6.00 feet; Thence N 01°50'09"E for a distance of 128.00 feet; Thence S 88°09'51"E for a distance of 6.00 feet; Thence N 01°50'09"E for a distance of 75.10 feet to a point on the North line of said New Lot 3; Thence S 88°09'51"E along said North line for a distance of 230.56 feet to the point of beginning. sal • e .� W gi lflANCe.,; ! • IV c' • i '� o ,)1e, Gj 4� N�LOIS)5 y EXPIRES 2/3/00 �D CONSTRUCTION MITIGATION DESCRIPTION BLACK ANGUS - RENTON, WASHINGTON With a March 10, 1999 submittal of the SEPA and site plan approval documents, we would anticipate submitting plans and applications for a Building Permit on or about March 19, 1999. We anticipate approvals and issuance of this permit concurrent with the expiration of the SEPA comment period, which is estimated to be the first week in May. Prior to that time, final plans for site construction will be submitted and approvals received during the first week in May. It is anticipated that from this time, approximately six weeks will be necessary to complete site construction(depending, of course, on weather conditions) with a completion of all construction efforts and opening of this facility for business November, 1999. It is envisioned that construction, once begun, will be performed between the hours of 7:00 a.m. to 6:00 p.m. - or other hours as specified by City of Renton ordinances, six days per week. As with other facilities in the area either recently completed or under construction at this time, it is anticipated that the hauling and transportation routes will utilize the Valley Freeway/41 st Street/Lind Avenue routes into the site and SW 34th/East Valley Road /Valley Freeway exits. During construction, minimization of dust, mud, noise and other noxious characteristics will be accomplished by the appropriate methods of sprinkling, washing wheels, street sweeping, all equipment is muffled and construction will proceed as expeditiously as possible so as to minimize the overall time frame. Transportation and traffic impacts are anticipated to be similar to impacts of nearby previously constructed sites. As always, the owners, contractors and the engineer will work closely with City of Renton staff and building inspectors to address any anticipated problems in a speedy and efficient manner. DEVELOPMENT PLAN;:ING CITY OF RENTON APR 2 2 1999 RECEIVED PROJECT NARRATIVE Eastgate Theatres, Inc. - Renton, Washington Black Angus Restaurant Eastgate Theatre, Inc. in conjunction with a pending sale to Black Angus Restaurant, is proposing a three lot short plat of the existing Lot 4, Burlington Northern Binding Site Plan. This short plat will create legal lots for the purchase by Black Angus and Ruby Tuesday. Please note, all proposed lots are greater than the required 35,000 square feet, the site is currently improved and utility services are available within the Act III site. The Black Angus development will consist of a 6700 square foot restaurant. The proposed Lot is 192,561 square feet and is located in the Northwest corner of the Act III site. The exterior building materials will be glass and plaster. The maximum roof height anticipated is approximately 26 feet above finished grade. Upon completion, the facility will employ approximately 15-20 people,the majority of which will work during normal business hours. During the pre-application meetings, several points were discussed with City of Renton staff concerning utilities and operational issues. We address these comments as follows: Fire Prevention: Our preliminary design indicates a main with one new fire hydrant extended from an existing 12"water main. The building will be sprinklered for fire protection. Water: Service will be provided from the new 6" line mentioned above. Sanitary Sewer: Sanitary sewer service will be provided to an existing sanitary sewer stub-manhole to the South. Please note we call for sprinkler systems to be tight- lined to the sanitary sewer system, and a backflow device called for at the connection point. Storm Water: This site is part of the Act III facility and is currently paved. The Act III drainage and detention systems will be utilized for Black Angus. As the proposed includes slightly more pervious area, no modifications are necessary. Traffic: Based upon the anticipated number of employees and trips, as well as the ITE data for restaurants, trip generations will be as shown in the report prepared by The Transpo Group dated February 24, 1999. Parking: Calculation of maximum and minimum parking ratios are included in the The Transpo Report. We believe the information furnished is consistent with the sul tnitjequirements for the requested permits and reviews. 0/1_I,iOp yTA fi It 1999 0 ENVIRONMENTAL CHECKLIN T Purpose of Checklist: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your observation or project plans without the need to hire experts. If you really do not know the answer, of if a question does not apply to your proposal, write "do not know" or"does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. 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. Use of Checklist for Non project Proposals: Complete this checklist for non-project proposals, even though questions may be answered "does not apply".In Addition, complete the Supplemental Sheet for Nonproject Actions (Part D). For nonproject actions, the references in the checklist to the words "project", "applicant", and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. pr-*" OJT F' CITY OF BEN APR 2 1999 RECEIVED Page 1 of 13 A. BACKGROUND 1. Name of Proposed Project, if applicable: Black Angus Restaurant 2. Name of applicant: Wade Gonzales CNL Restaurant Services, Inc. 26881 Calle Maria Mission Viejo, CA 97691 3. Address and phone number of applicant and contact person: Contact: Barton Treece Treece& Company, Inc. 320 Second Ave. S. Kirkland, WA 98033 206- 822-2577 4. Date checklist prepared: February 24, 1999 5. Agency requesting checklist: City of Renton - Planning/Building/Public Works 6. Proposed timing or schedule (including phasing, if applicable): Construction will be single phase commencing April 15, 1999 with completion scheduled for July 15, 1999. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Environmental checklist-Act III Theater-Dec. 20, 1999 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Plan and SEPA for adjacent Ruby Tuesday Restaurant, Act III Short Plat 10. List any government approvals or permits that will be needed for your proposal, if known. Site Plan approval - Grading and Building permits 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construction of a 6700 SF Restaurant with necessary parking facilities, landscaping and utilities. Page 2 of 13 12. 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, 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. Burlington Northern Binding Site Plan Lot 3 as modified by a Lot Line Adjustment Auditor's No. 9511-2990-06 King County. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site(circle one 'olling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) Maximum 1% 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 prime farmland. The site is paved, under lain by till soils-see soils report by Terra Associates. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. 4000 cu. yds. of import fillmaterial from local area borrow pits. f Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. The site is presently paved. g. About what percent of the site will be covered with impervious surfaces after project construction (e.g. asphalt and buildings)? Approximately 85 % coverage. Total Site Area: 66,000 sf Building Area: 6700 sf Paving Area: 49,340 sf h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: All erosion and sedimentation control measures shall be installed and maintained in accordance with City of Renton requirements. Page 3 of 13 2. AIR a. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Development of the site, as proposed, would not result in any significant impacts to existing air quality. The primary impact from development of the proposed project are related to construction activities and future vehicle traffic. Dust generated from grading and construction vehicle activity would be a temporary nuisance in the general area. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to the air, if any: Transportation of materials on local streets would be controlled to minimize congestion during peak travel times. This would minimize secondary air quality impacts caused by reduced travel speeds. Dust produced by construction can be reduced by using a number of techniques. Areas of exposed soils such as storage yards could be sprayed with water, oils, or chemical dust suppressants. Areas that might be exposed for prolonged periods of time should be covered with suitable groundcover to prevent wind erosion. Materials carried out of the construction area by trucks could be minimized by; use of a sawdust mat as a transition zone from the construction site; wheel washing; washing or brushing truck undercarriages; and covering dusty truck loads. For soils that do escape the construction site on trucks, a daily street cleaning program for truck routes would help to minimize dust. 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, or wetlands?) If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No 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. No Page 4 of 13 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, if from on site. None 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Surface water drainage will be conveyed to the storm drain system in Lind Avenue SW west of the project site. Surface water runoff will be directed to an onsite water quality and detention facility. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. According to the City of Renton Community Profile, 1989, the site of the proposed project is not within either the 100-year floodplain or floodway. The FEvIA floodplain maps for the City of Renton depict the project site as being outside of the 100-year floodplain as well. 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 waste material from the site would enter the City's.storm drain or sanitary sewer collection system. Based on the preliminary grading and utility plans for the project, all surface water runoff would be collected from paved areas and roof tops by storm drains and directed to an water quality facility. b. Ground Water: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals: toxic or nontoxic; 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. Not Applicable Page 5of13 c. Water Runoff(including storm water) 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. Construction of building and site improvements was anticipated with the design of the Act II site. 2. Could waste materials enter ground or surface waters? If so, generally describe. Surface water could be contaminated by runoff containing oil or gas from parked cars on the parking lot and streets servicing the proposal. However, surface water runoff will be directed into an on site water quality facility. No storage of hazardous materials on site is proposed. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Use of existing site storm drainage and water quality/detention facility. 4. PLANTS A. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other X other types of vegetation - existing landscaping B. What kind and amount of vegetation will be removed or altered? None C. List threatened or endangered species know to be on or near the site. None known Page 6 of 13 D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: All new landscaping an irrigation systems would be installed per the requirements of the City's landscaping ordinance. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: songbirds mammals: deer, bear, elk, beaver, other : rodents fish: bass, salmon, trout, herring, shellfish, other: none b. List any threatened or endangered species known to be on or near the site. None Known c. Is the site part of a migration route? If so, explain. No. d. Proposed measures to preserve or enhance wildlife, if any: None 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 Lighting, Power, HIAC, Gas heating b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No 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 State of Washington has adopted model conservation standards for new commercial buildings, and as the City of Renton has adopted these standards, this development would be consistent with these model standards. Page 7 of 13 7. ENVIRONMENTAL III ALTH 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. None to our knowledge. 1. Describe special emergency services that might be required. Fire, Police and Ambulance services would be required on a basis consistent with similar facilities. No special services are required. 2. Proposed measures to reduce or control environmental hazards, if any: None required. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Traffic from SR 167 and local aterials can be heard from the site but would not affect proposal. 2) What types and levels of noise would be created by or associated with the project on a short time or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short Term - Construction related(4 months) 7 a.m. to 7 p.m. Long Term -Normal commercial traffic associated with a Restaurant daily 10 a.m. to 12 a.m. 3) Proposed measures to reduce or control noise impacts, if any: None proposed. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is the NE portion of the existing Act III parking area; adjacent site has a Home Base Warehouse store, surrounding sites are commercial uses. b. Has the site been used for agriculture? If so, describe. No Page 8 of 13 c. Describe any structures on the site. None d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? CA f What is the current comprehensive plan designation of the site? IM uses and CA uses g. If applicable, what is the current shoreline master program designation of the site? Not applicable h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No i. Approximately how many people would reside or work in the completed project? 15-20 employees would work in the completed project. j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None required 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed restaurant that is similar in size, design and scale of the other industrial, warehouse, and commercial buildings in the vicinity of the site. The proposed structure would be setback from East Valley Road. This setback, the existing 15'landscaping strip along the public right-of-way, and perimeter landscaping would provide an adequate buffer to retail and service commercial uses to the east along East Valley Road. Page 9 of 13 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None C. Proposed measures to reduce or control housing impacts, if any: None required 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? Average building height would be 18'- 0"with a maximum of 26'at the entry elements. Principal materials: wood frame,cemenInt plaster, tile roof b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: A landscaping strip along the public right-of-way, interior parking lot landscaping, and perimeter landscaping consisting of a variety of trees, shrubs, and goundcover are proposed. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Exterior lighting for the improvements resulting from the proposed development would consist of wall lighting, ,parking lot lighting, with non- glare fixtures, and signage. Any glare that may occur would happen at night. b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site sources of light or glare may affect your proposal? None to our knowledge Page 10 of 13 d. Proposed measure to reduce or control light and glare impacts, if any: All outdoor lighting would be shielded and directed downward or upward so as to minimize potential intrusion on neighboring properties. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The proposed project is adjacent to a 13-screen theatre. b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None C. Proposed measures to reduce or control impacts, if any: None are proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The proposed project is located on a site that fronts East Valley Road near the intersection o f SW 41 st; SW 34th Street is to the North; and Lind Avenue SW is located one-half block West of the project site. The East Valley Freeway (SR 167) parallels East Valley Road and is one block to the east. The closest freeway interchange is located at SW 41st Street where freeway southbound on-and off- ramps are available. Northbound on-and off-ramps for SR 167 are located at SW 43rd Street. Refer to Technical Memorandum prepared by the Transpo Group. Page 11 of 13 b. Is site currently served by public transit? If not, what is the _ _>roximate distance to the nearest transit stop? The site is not currently serviced by public transit. Route 155, which provides service to and from the Southcenter shopping mall, is the closet public transit line to the project site. The closes bus stop to the site is several blocks to the South (approximately three quarters of a mile) at SW 43rd and East Valley Road. c. How many parking spaces would the completed project have? How many would the project eliminate? See Technical Memorandum by Transpo. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. 603 ADT with 50 during PM peak. g. Proposed measures to reduce or control transportation impacts, if any: Payment of required Impact Fees 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Yes. The new development would require police and fire department service. The impact on schools and health services would be minimal since most new employees are expected to be hired from the local labor pool. b. Proposed measures to reduce or control direct impacts on public services, If any. None proposed. Page 12 of 13 16. UTILITIES a Underline utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. 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. Sewer: City of Renton Telephone: GIL NW Water: City of Renton Power: Puget Sound Energy C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponet: ( Ia ilredC �s.4.-.- / i�� Name Printed: ki c ye z.t, .1v� Date: 44749 4,Zs-S9 Page 13 of 13 445 ) ODERSTROM ARCHITECTS , h . C , ARCHITECTURE PLANNING INTERIOR DESIGN EXTERIOR RESTORATION December 19, 1995 SPACE PLANNING DAVID SODERSTROM CAMERON HYDE Peter Rosen, Associate Planner JON WIENER City of Renton, Development Services Division 2)0 Mill Avenue South DOUG WALTON MARC SEVENS Renton, Washington 98055 DAN DANIELSON RE: ACT III/EAST VALLEY CINEMAS E.HENRY FITZGIBBON Job No. SA 95172 1200 N W FRONT AVE Subject: Project Narrative for Site Plan Approval submittal SUITE 410 PORTLAND.OR 97209 503/228-581 7 Dear Mr. Rosen: FAX 503/273-8584 1 he following paragraphs describe the general goals of the proposed project. The proposed project consists of developing a 13 multiplex theater for ACT III located on the corner of East Valley Highway and SW 41st street, immediately south of the new Home Base site. Specifically, the site/ building relationships will be addressed. Secondly, a general description of the proposed building design will be addressed with a brief summary of the building materials. l he proposed site is 535,094 SF. or 12.284 acres. Currently the site does not have any structures built nor does it have any significant natural land formations, trees, or bodies of water except for a wetlands/ storm water detention area to the west. Existing buildings near the site are Home Base to the north and the Corporate Express building to the south west. The only man made features that benefit the site are a number of fire hydrants located around the perimeter of the property lines. The scope of the proposed improvements include (but not necessarily limited to) the 13 multi- plex building (56,206 SF), a parking lot to accommodate the building, and the enhancement of the existing wetlands and storm water detention area. Additional fill will need to be brought to the site for preloading and earthwork. Though the site is relatively flat it has a lower elevation than the home base site. The new project site shares the existing Home Base road access to the north and must be adequately filled in and graded for new parking. In addition, the existing soil needs preloading for the new theater structure. The following is the comparison between the site requirements and the proposed design dements. Total SF of lot 3: 535,094 SF Proposed footprint of building: 56,206 SF `,=�Op� ENT P %of lot coverage: 10.5 % Cl • u �J��u N OF mENTON Total #of seats: 3,566 ) Total parking required(1 space/4 seats) 892 spaces APR 22 1999 Total parking proposed 892 spaces REcEl�c CD . i$ $ ODERSTROM ARCHITECTS , P . C . 11) Maximum%of compact stalls: 30% Proposed compact stalls(8.5' x 16') 264 Proposed %of compact stalls: 29.6% ARCHITECTURE Required accessible stalls(ADA): 18 PLANNING 1 INTERIOR DESIGN Proposed accessible stalls(9' x 20') 19 EXTERIOR RESTORATION SPACE PLANNING Required isle width: 24' DAVID SODERSTROM Proposed isle width: 24' CAMERON HYDE JON WIENER Required%of interior parking landscaping: 5% Proposed SF of parking lot/sidewalks/curbs: 358,432 SF DOUG WALTON Proposed SF of interior parking lot landscaping: 17,906 SF MARL BEVENS Proposed %of interior parking landscaping: 5% DAN DANIELSON • E.HENRY FITZGIBBON Proposed SF of all other landscaping including: Buffers: 35,529 SF 1200 N W FRONT AVE Wetlands/storm detention area: 67.021 SF SUITE 410 PORTLAND.OR 97209 ' 102,550 SF 503/228-5617 FAX 503/273-8584 Required landscape buffer width around interior landscape: 5' Proposed design meets or exceeds requirement except at north west corner along shared access road. Required landscape buffer along East Valley HWY and SW 4 I st street. 15' Proposed design has been met. 15' Required natural landscaping per SCSEMA 10,700 SF 2% Proposed natural landscaping located in the Wetlands/storm detention area 10,700 SF 2% The multiplex theaters will be located between the Home Base building to the north and the corporate Express building to the south. The main pubic view is from East Valley Highway and part of 41 st Street. The building configuration, height and location on the site does not appear to have any significant impact obstructing views or signage of existing structures. The building will be set back at least 60'-0" away from the north property line as required by the building location agreement dated February 13th, 1995. Site access is in three locations; the Home Base shared access road, a curb cut along East valley, and one access road from SW 4lst street. The functional design for the theaters will be similar to other prototypes. The theaters operate very much the same from one ACT III building to another, thus the spaces and circulation are similar. The appearance, however, varies considerably from project to project. Each building is unique in style to reflect the communities needs and desires. The city of Renton has indicated that a high image, high quality structure is desired to make a statement to the surrounding community. This can be accomplished by vertical elements tied to the main entry and lobby space, changes in materials and attention to details. The following is a general description of the building proportions, dimensions, materials and required elements. j SODERSTROM ARCH IT ECTS , P . C . Total SF of main floor: 56,206 SF Total SF mezzanine: 12.736 SF ARCHITECTURE PLANNING Total SF: 68,942 SF INTERIOR DESIGN Allowable building height(City of Renton): unlimited EXTERIOR RESTORATION SPACE PLANNING Auditorium Top of parapet: 32' Front lobby Top of roof: 60' +/- DAVID SODERSTROM Tower/spire: 80' +/- CAMERON HYDE JON WIENER Location of HVAC roof top units: Center of building DOUG WALTON Building elements and materials: MARC BEVENS Lobby elevation: Glass curtain wall DAN DANIELSON Auditorium elevations: Smooth/split faced cmu E.HENRY FITZGIBBON integral color block 1200 N W FRONT AVE Roof above Lobby: Metal or built up roof SUITE 410 PORTLAND OR 97209 Roof above auditoriums: Built up roofing . 503/228.5817 Other elements: FAX 503/273-8584 Sweeping canopy @ entry: Marquee signage @ entry: Tower/spire: Optional detail elements: Neon Glazed tile/cmu .) Exposed Metal Concrete If you have any questions feel free to call our office . Sincerely, SODERSTROM ARCHI ,ECTS, P.C. Stephen D. Hockm Architect shish Enclosures cc: Tim Reed - ACT III/ Doug Walton - SDRA/Steve Pinger- SDRA/Frank Hefferman - FDG Bart Treece-HDA • ` ct 9 .-03 °ROFRF MEMORANDUM bc„ '9y`; DATE: Z-Q4Uta\c 1‘ 999 TO: Construction Services, Fire Prevention, Plan Review, Project Planner . FROM: Jim Hanson, Development Services Division Director SUBJECT: New Preliminary Application: BLACK AL1WS KST4URAJA LOCATION: LAW (jK 0 CAST \l-ALL ( 0_OAD • A meeting with the applicant has been scheduled for 2=00 t+'1 , Thursday, ¶Au 0 A R`c Z, for one of the 6th floor conference rooms (new city hall). If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11:00 AM to allow time to prepare for the 11 :00 meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. If you are unable to attend the meeting, please send a representative. t Please submit your written comments to QC _ �OSC(J at least two (2) days before the meeting. Thank you. 74'(- 77 6: ,-ems AlAt APR i2 1 `ECE! ED TY O CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM DATE: January 19, 1999 TO: Peter Rosen, Planner /1 FROM: Jim Gray, Assistant Fire Marshal 'S SUBJECT: Black Angus Restaurant, 4100 East Valley RD Fire Department Comments: 1. The preliminary fire flow is 1500 GPM, one hydrant is required within 150 feet of the structure and one additional hydrant is required within 300 feet of the structure. 2. A fire mitigation fee of$3,484.00 is required based on $.52 per square foot of building square footage. 3. Separate plans and permits are required for the installation of Fire alarm, sprinkler and hood suppression systems. Please feel free to contact me if you have any questions. BLACK ANGUS RESTAURANT 4100 BLOCK EAST VALLEY RD. DEVELOPMENT SERVICES January 21, 1999 WATER: 1. A 12-inch water main is available in E. Valley Rd. and the on site 12-inch water loop system for Act III Theater. 2. The Water System Developed Connection charge has been paid with the development of Act III Theater. 3. The project is located on SW 30-23-5 Quarter Section Map. 4. One fire hydrant is required for each 1000 gpm of required fire flow. Each fire hydrant delivers 1000 gpm of fire flow ✓5. The primary hydrant is to be within 150-feet of the structures, but not closer than 50-feet. The secondary hydrants must be within 300-feet of the structures. 6. Drawings to adhere to City of Renton drafting standards available at the 6th floor counter. Show meter, valve line, sizes and locations. 7. If required fire flow is over 2500 gpm a water loop system is required. A loop system is ))/0, required to be located in a 15-ft. Utility Easement. The required fire flow will be determine by the Fire Prevention Department. 8. The irrigation meter needs to be shown on the water service plan. 99cm005 S7 y osdk 4/,s sO, ti" 40 99CM005W.DOC‘ ,5 BLACK ANGUS RESTAURANT �`_ r r 4100 BLOCK EAST VALLEY RD. DEVELOPMENT SERVICES January 21, 1999 SEWER: /1. If the project produce fats, oils, or grease, then an appropriate removal system will be required per plumbing code . 2. Side sewer line to have a 2%slope from the building.the manhole or property line. 3. Side sewer to have a cleanout every 100-feet. Also one clean-out 5-ft out from building. 4. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25-ft. 5. Civil Construction drawings to adhere to City of Renton drafting standards. Drawing size is 22 x 34. Show applicable City of Renton standard detail draws on the construction plan sheet. 6. The site is located in the Black River Basin. 7. The is a 12" sewer main in E. Valley Rd., but also two(2) sewer manhonles on site adjacent to the proposed building area. 8 A conceptual plan for utilities will be required if SEPA Review is necessary. 9. The Developer is to insure no buildings are built over the existing utilities. 10. Show vertical clearances where utility lines cross. 99cm005S 99CM005S.DOC\ BLACK ANGUS RESTAURANT 4100 BLOCK EAST VALLEY RD. DEVELOPMENT SERVICES January 21, 1999 STORM SURFACE WATER: 1. A level one Drainage Report will be needed. 2. The proposed project must demonstrate adequacy of proposed City code requirements for detention,water quality and conveyance capacity. 3. Drawing scale is 1"=20'. 4. Storm System Development Connection charges has been paid with the Development of Act III. Theater site. 5. Show utility vertical crossing separations on construction plans. ¢� 6. Use NAVD 1988 Datum for project. 99cm005D 990M1 005 D.DOCK BLACK ANGUS RESTAURANT 4100 BLOCK EAST VALLEY RD. DEVELOPMENT SERVICES January 21, 1999 TRANSPORTATION: 1. The transportation mitigation fee is $75 per new trip generated. The trip rates are determined from the ITE trip generation manual. c t' �d 2. A brief letter showing weekday traffic distribution flan to and from the site. eV4.i / r/ 99cm005T Do..umtnt5 CITY OF RENTON Planning / Building / Public Works MEMORANDUM DATE: January 21, 1999 TO: Pre-Application File FROM: Peter Rosen, Senior Planner SUBJECT: Black Angus Restaurant- Pre-Application File#99-03 We have completed a review of the pre-application for the proposed Black Angus Restaurant. Listed below and attached on several sheets are our preliminary findings. Although every attempt is made to ensure that these comments are complete, a more thorough examination of the project at the time of application submittal may reveal additional issues that may alter these comments or require additional comments. Zoning. The subject site is zoned Arterial Commercial (CA). Eating and drinking establishments are permitted as primary uses in the CA zone. Development Standards Setbacks - The CA zone requires a minimum front/street setback of 10 feet for buildings. The proposed building complies with this standard. There are no rear or side yard setbacks required. Landscaping - The CA zone requires a street frontage landscape strip with a minimum width of 10 feet. The landscape strip along East Valley Highway was improved with development of the Act Three Theaters. The Parking and Loading Ordinance requires landscaping equal to 5% of the area of a parking lot over 10,000 square feet in size. The required landscaping was improved with development of the Act Three Theaters. The code requires a pedestrian connection between the sidewalk and public entrance of the building. Building Height- Maximum building height is 50 feet. Lot Coverage- The lot coverage for buildings may not exceed 65% of the total lot area. If the restaurant is developed on the same lot as the theater, the proposed restaurant and the existing theater would be counted in the lot coverage calculation. Minimum Lot Size - There is no minimum lot area requirement in the case that the applicant wants to establish the restaurant on a separate legal lot. Parking-The Parking and Loading Ordinance requires 1 parking space per 100 square feet of gross floor area for restaurants. The proposed restaurant of 6,700 square feet would require 67 parking spaces. The Act Three Theaters is required to have 1 parking space per 4 fixed seats or 1 parking space for each 100 square feet of floor area of the main auditorium, whichever is greater. According to the site plan approval for the Act II Theaters, the theaters just satisfied the parking requirements with 892 parking spaces for 3,566 seats (3,556 seats X 1 parking space per 4 seats= 891.5 spaces). There are several options to allow the proposed restaurant to use the existing theater parking. The theater may remove seats to lower their number of required parking spaces which could then be utilized by the restaurant. The Parking Code also allows for joint use parking facilities if the applicant can comply with standards of Section 4-408E.3. The code allows joint use of parking facilities only for those uses which have dissimilar peak hour demands. In addition, the parking must be located within 750 feet of the building it is intended to serve. The proposed restaurant may not be able to justify joint use Black Angus Restaurant parking per code requirements. The Parking Code also allows modifications from parking standards, as determined by the Administrator of Planning/Building/Public Works. If the applicant decides to pursue a parking modification, staff recommends conducting a parking utilization study to provide evidence that there is sufficient excess parking during peak theater times for satisfying parking needs of the restaurant. Pequired parking stall dimensions are 20 feet in length and a 9 foot width. Compact parking stalls are 16 feet in length and 8.5 feet in width. Compact parking spaces may not account for more than 40% of designated employee parking or 30% of all other required parking. Aisle widths of 24 feet are required for 90 degree head-in parking. Permit Requirements. The proposal would require SEPA environmental review and administrative Site Plan Review. These would be processed concurrently and require approximately 8 to 10 weeks from the time of a complete application. ;SPA Environmental Review - A SEPA environmental checklist must be submitted with the application materials. The applicant is responsible for disclosing accurate information regarding potential (:environmental impacts associated with the proposal. The Environmental Review Committee (ERC) will eview the proposal, consider mitigation measures, and issue a threshold determination. Site Plan Review: Site Plan Review is required for all development proposals (which meet SEPA :hresholds) in the Commercial Arterial (CA) zone designation. The proposal would be reviewed administratively, by the Zoning Administrator, as it does not appear to meet thresholds that would trigger a public hearing and Hearing Examiner review. Site Plan Review evaluates site layout elements including the building orientation, pedestrian and vehicular circulation, parking, and landscaping. A proposal is also analyzed for compliance with the code and compatibility with adjacent uses. Site Plan Review evaluation criteria are listed in Section 4-31-33D. of the Zoning Code. cc: Jana Huerter Black Angus Restaurant DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS • LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY BY Calculations, Survey, Drainage Control Plane Drainage Report 2 Elevations, Architectural 3AND4 Elevations, Grading 2 Existing Covenants (Recorded Copy)4 Existing Easements (Recorded Copy) 4 Flood Plain Map, if applicable4 t4"/PJ ,-" Floor Plans 3AND4 Geotechnical Report z ANC)3 Grading Plan, Conceptual 2 Grading Plan, Detailed z King County Assessor's Map Indicating Site 4 Landscaping.Plan, Conceptual4 Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards,(one per monument) Parking, Lot Coverage & Landscaping Analysis 4 Plai Reductions (PMTs) 4 Postage 4 Public Works Approval Letter2 (t//nCe Title Report or Plat Certificate 4 Topography Map (5' contours)3 Traffic Study 2 ��"V Tree CuttingNegetation Clearing Plan 4 Utilities Plan, Generalized 2 Wetlands Delineation Map4 IA 1//%1 Wetlands Planting Plan 4 / ) fr//A— Wetlands Study 4 /AIN 1 This requirement may be waived by: 1 Property Services Section PROJECT NAME: i'71 I I - eS l)S 2 Public Works Plan Review Section / 3 Building Section DATE: �/a-(21� '7 4 Development Planning Section ll **************************************************************** City of Renton WA Reprinted: 04/22/99 15 :43 Receipt **************************************************************** Receipt Number: R9901827 Amount: 1, 500 . 00 04/22/99 15 :43 Payment Method: CHECK Notation: 016804MCGARCHITE Init: CRP Project #: LUA99-064 Type: LUA Land Use Actions Parcel No: 125360-0030 Site Address: 3751 EAST VALLEY RD Total Fees : 1, 504 . 62 This Payment 1, 500 . 00 Total ALL Pmts : 1, 504 . 62 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81. 00 . 0007 Environmental Review 500 . 00 000 . 345 . 81. 00 . 0017 Site Plan Approval 1, 000 . 00 **************************************************************** City of Renton WA Reprinted: 04/22/99 15 :43 Receipt **************************************************************** Receipt Number: R9901828 Amount : 4 . 62 04/22/99 15 :43 Payment Method: CHECK Notation: 5232TREECE & CO Init: CRP Project #: LUA99-064 Type: LUA Land Use Actions Parcel No: 125360-0030 Site Address : 3751 EAST VALLEY RD Total Fees : 1, 504 . 62 This Payment 4 . 62 Total ALL Pmts : 1, 504 . 62 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 05 .519 .90 .42 . 1 Postage 4 . 62 0(0+ 61 ) First American Title Insurance Company Regional Commercial Division 2101 4th Avenue, Suite 800 Seattle, Washington 98121 (206)728-0400 / Fax (206)448-6248 Toll Free 1-800-826-7718 4110 ' Order No. 400113-5K REF: ACT III-RENTON COMMERCIAL TITLE OFFICER: ROB RANCOURT PHONE: (206) 728-7234 COMMERCIAL TITLE OFFICER: LANCE LEWIS PHONE: (206) 615-3257 COMMERCIAL TITLE OFFICER: MIKE N. COOPER PHONE: (206) 728-7229 FAX NO.: (206) 448-6248 SCHEDULE A 1. Effective date: February 2, 1999 at 7:30 A.M. 2. Owners proposed insured: CNL RESTAURANT SERVICES, INC. Lenders proposed insured: TO FOLLOW 3. Policy/policies to be issued: Amount Premium *Tax SHORT TERM RATE Standard Owner's Coverage TO FOLLOW Extended Mortgagee's Coverage TO FOLLOW 4. A fee simple interest in the land described in this commitment is vested, at the Commitment date in: EASTGATE THEATRE, INC., AN OREGON CORPORATION 5. The land referred to in this commitment is described in Schedule A-2. 6. ABBREVIATED LEGAL DESCRIPTION: Lot 3, BURLINGTON NORTHERN BSP NO. 014-92, Vol. 161, P. 8-11. 7. Tax Account No(s).: 125360-0030-03 ;�; L`i:'C�C3F K iy C'�ii�l 8. Property Address: 3751 EAST VALLEY HIGHWAY RENTON, WASHINGTON 98055 APR 9 ` 1� 9 FADE; D Page 2 ("".' SCHEDULE A2 Order No. 400113-5K DESCRIPTION: LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN, PER MAP RECORDED IN VOLUME 161 OF PLATS AT PAGES 8 THROUGH 11, UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY LIE 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.) Page 3 SCHEDULE B - SECTION 1 Order No. 400113-5K Requirements The following requirements must be met: 1. Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record. Conditions and Stipulations 1. The term"mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate,interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions,exclusion from coverage,and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage,whether or not based on negligence,and which arises out of the status of the title to the estate,interest or the lien of the insured mortgage covered hereby or any action asserting such claim,shall be restricted to the provisions and Conditions and Stipulations of this Commitment. NOTE: Effective January 1, 1997,and pursuant to amendment of Washington State statutes relating to standardization of recorded documents,the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. FORMAT: Margins to be 3"on top of first page, 1"on sides and bottom, 1"on top,sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 1/2"by 14". No attachments on pages such as stapled or taped notary seals;pressure seals must be smudged. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: Title or titles of document.If assignment or reconveyance reference to Auditor's File Number of subject deed of trust. Names of grantor(s)and grantee(s)with reference to additional names on following page(s),if any. Abbreviated legal description(lot, block,plat name or section,township,range and quarter section of quarter section for unplatted). Assessor's Tax Parcel Number(s). Return address,which may appear in the upper left hand 3"top Margin. Page 4 SCHEDULE B - SECTION 2 Order No. 400113-5K General Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easements or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (a) Unpatented mining claims; (b) Reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) Water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records; (d) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. 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, interest or mortgages thereon covered by this commitment. Page 5 SCHEDULE B - SECTION 2 CONT. SPECIAL EXCEPTIONS Order No. 400113-5K 1. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF RENTON IS 1.78%. LEVY CODE: 2110 2. GENERAL TAXES, WHICH AMOUNT CANNOT BE PAID UNTIL FEBRUARY 15, 1999. YEAR: 1999 AMOUNT: $131,453.87 TAX ACCOUNT NO.: 125360-0030-03 ASSESSED VALUE OF LAND: $3,745,700.00 ASSESSED VALUE OF IMPROVEMENT: $6,041,800.00 3. EVIDENCE OF THE AUTHORITY OF THE OFFICERS OF EASTGATE THEATRE, INC., AN OREGON CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT. COPIES OF THE CURRENT ARTICLES OF INCORPORATION, BY-LAWS AND CERTIFIED COPIES OF APPROPRIATE RESOLUTIONS SHOULD BE SUBMITTED PRIOR TO CLOSING. 4. ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST CNL RESTAURANT SERVICES, INC.. WE ARE UNABLE TO DETERMINE THE NATURE OF SAID ENTITY AND REQUIRE FURTHER INFORMATION PRIOR TO CLOSING. (A CERTIFICATE OF INCORPORATION IS NOT CURRENTLY ON FILE WITH THE SECRETARY OF STATE.) EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST THE NAME(S) OF SAID PARTY(IES). 5. MATTERS REGARDING EXTENDED COVERAGE FOR THE MORTGAGEE'S POLICY WHICH ARE DEPENDENT UPON INSPECTION FOR DETERMINATION OF INSURABILITY. THE RESULTS OF OUR INSPECTION WILL BE FURNISHED BY SUPPLEMENTAL REPORT. (CONTINUED) Page 6 C Order No. 400113-5K 6. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND SECURITY AGREEMENTS ON PERSONAL PROPERTY, AND RIGHTS OF TENANTS AND SECURED PARTIES TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 7. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: DORIS SMITH TEALE, ET AL RECORDED: MARCH 7, 1955 RECORDING NO.: 4547626 THROUGH 4547632 8. CONDEMNATION IN KING COUNTY SUPERIOR COURT BY THE STATE OF WASHINGTON OF THE RIGHTS OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR. DECREE ENTERED: MARCH 20, 1962 CAUSE NO.: 570903 9. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE PLAT RECORDED IN VOLUME 161 OF PLATS AT PAGE(S) 8- 11 IN KING COUNTY, WASHINGTON. 10. TERMS AND CONDITIONS OF RELEASE OF ACCESS: RECORDED: MAY 8, 1980 RECORDING NO.: 8005080581 11. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): RECORDED: MAY 4, 1981 RECORDING NO.(S): 8105040070 12. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: FEBRUARY 13, 1986 RECORDING NO.: 8602139001 (CONTINUED) Page 7 Order No. 400113-5K 13. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT: PURPOSE: UTILITIES AFFECTS: 20 FOOT WIDE STRIP AS DELINEATED ON SAID PLAT SAID EASEMENT WAS PARTIALLY ABANDONED AND RELEASED AS TO LOT 3 BY PUGET SOUND POWER AND LIGHT, CITY OF RENTON AND U.S. WEST COMMUNICATIONS, INC., BY INSTRUMENTS UNDER RECORDING NOS. 9206230604, 9206302692 AND 9207150861. 14. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT: PURPOSE: RAILROAD RIGHT OF WAY AFFECTS: AS DELINEATED ON SAID PLAT SAID EASEMENT WAS PARTIALLY RELEASED AND RELINQUISHED AS TO UNUSED PORTIONS LYING WITHIN LOT 3 BY INSTRUMENT UNDER RECORDING NO. 9206302695. 15. RECIPROCAL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HCWA REALTY CORP. AND: POWELL-ORILLIA ASSOCIATES RECORDED: JUNE 30, 1992 RECORDING NO.: 9206302702 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: FEBRUARY 8, 1996 RECORDING NO.: 9602081339 16. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 20, 1995 RECORDING NO.: 9511200895 FOR: PUBLIC UTILITIES AFFECTS: NORTHERLY PORTION AS DELINEATED WITHIN SAID DOCUMENT (CONTINUED) Page 8 C Order No. 400113-5K 17. TERMS AND CONDITIONS OF AGREEMENT REGARDING BUILDING LOCATION: RECORDED: NOVEMBER 20, 1995 RECORDING NO.: 9511200897 18. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: NOVEMBER 29, 1995 RECORDING NO.: 9511299006 19. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): RECORDED: FEBRUARY 8, 1996 RECORDING NO.: 9602081398 20. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 18, 1996 RECORDING NO.: 9609181459 IN FAVOR OF: CITY OF RENTON, A MUNICIPAL • CORPORATION FOR: SIDEWALK • AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION 21. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 19, 1996 RECORDING NO.: 9609181463 IN FAVOR OF: CITY OF RENTON, A MUNICIPAL CORPORATION FOR: MONITORING WETLAND AREAS, INCLUDING THE RIGHT OF INGRESS AND EGRESS AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION (CONTINUED) Page 9 C Order No. 400113-5K NOTES: A. A fee will be charged upon the cancellation of this commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. B. An abbreviated legal description is required by the County Auditor if the full legal description IS NOT contained on the first page of all documents to be recorded. JS/ejh cc: CB RICHARD ELLIS COMMERCIAL REAL ESTATE 1420 FIFTH AVENUE, #1700 SEATTLE, WA 98101 ATTN: JERRY FORELL cc: CNL RESTAURANT SERVICE, INC. 10551 COWAN HEIGHTS DR. SANTA ANA, CA 92705 ATTN: HERB MARTIN cc: CNL RESTAURANT SERVICES, INC. 26881 CALLE MARIA MISSION VIEJO, CA 92691 ATTN: WADE GONZALEZ cc: WILLIAMS, KASTNER & GIBBS 601 UNION STREET, SUITE 4100 SEATTLE, WA 98111 ATTN: MARK SCHEDLER cc: TREECE & ASSOCIATES 320 2ND AVE #200 KIRKLAND, WA 98052 ATTN: BART TREECE • cc: EASTGATE THEATRE, INC. C/O MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 Page 10 /t NOTICE C N\ ORDER C_ L!OC 11 3 r' SUBDIVISION Bii(11#914., No(the(A This Sketch is furnished as a courtesy only by First American RCDG NO./VOL & P . f 61 /8 Title Insurance Company and it is JOT a part of any title N OTR S�NW SEC 7o/31 7WNSHP ?3 RNG S commitment or policy of title insurance. This sketch is furnished solely for the purpose of assisting in .!.; locating the premises and does not purport to show all highways, so, roads,or easements affecting the property. No reliance should W ".. E be placed upon this sketch for the location or dimensions of the ``property and no liability is assumed for the correctness thereof./ / s �1'` � b 4 q.Priv 11,13 At• il rgE t- /, a Z III 3� u LL I `190 } 1- '\ I 4B O20 z +e5.56 Z. it 0 = r_ (II �D N Z O O Si n 1 .i 7'..9 is R tal Qv ..BB-09• 3•,� .67s.5Z Q o h 40 PVT di 35 ES�r > • 0 - O. ..' - - - — -- — - Iv .N.• N. �J LOT 3 At' ✓ /¢� •t I. �ok pc el) il � •s. •CZ— t2.Z0 • 0 / L•T , f• y5*fo(s Uv3 + W ..d� N �c< 394.27 <( a .a ROw to.. coo �t/B?•05.Z5W 5.5 'oxv ....i.�_�A•S ��. „ 88.05 1... , /� 6 1333 04T. , �t ) 'pot-. LOT 3 di si 611. Ci RK � R ,�N�0 1' eI 5 ��pP a N o �� g dR`��\Zg380 Ll; 4 LOT 6 " �Q LOT 4 0 oosc �g F, VRN 5 �� ,•a ° o N a2 s 5i1 i, o NG) Q. °poi i� . k15 0 o `` \\I�\ 0.5.E 35p0�0 kcE' bo 656.6/ ee �. ,c .c 7 ° ,., ,c c c 7 ,o s c 7 O> r v 1� 1 �0,-- .✓86-06•57 IV /575_66 aa - SW 41ST ST o 1$ of ,v Form No. 1755 Commitment,Conditions and Stipulations COMMITMENT Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is pri,judiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adve-se claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to elim nate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. - 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment. fl Printed On Re yCted Paper FILE ID: 400113K TO: TREECE & ASSOCIATES 320 2ND AVE #200 KIRKLAND, WA 98052 ATTN: BART TREECE REF/ESC: ACT III-RENTON THANK YOU FOR CHOOSING FIRST AMERICAN TITLE Ar c ME1 ��_ t +_ r<?-- ,-4111,-,, It,,,, - 14`f( - y#,,4(- ,v'.„, ‘___No jl O First American Title Insurance Company COPIES OF DOCUMENTS •• • • taleROFILMrE161 RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND ALL TAX STATEMENTS TO: 8 Eastgate Theatre,Inc. du Act III Theatres A 919 S.W.Taylor,Suite 900 Portland,Oregon 97205 / At:enuon. Mr. Walt Aman `33 (Above Space for Recorder's Use Only) 8 A SPECIAL WARRANTY REED HCWA REALTY CORP.,a Washington corporation("Grantor),for and in consideration of Ten Dollars(S10.00),in hand paid,grants,bargains,sells,conveys,and confirms to EASTGATE THEATRE.INC.,an Oregon corporation("Grantee"),the following described real estate,situated in the(-fumy of King,State of Washington See Exhibit"A"attached hereto and made a part hereof("Property"). • SUBJECT,however,to(i)the exceptions to title set forth on Exhibit'B"attached hereto and C made a part hereof,and(ii)that certain Declaration of Covenants,Conditions and Restrictions and Grant of East ents and Quitclaim of Certain Parking Easements by and between Grantor and Grantee recorded of even (7) date herewith,including without limitation the reservation of easements and the quitclaim of easements set forth in the I iieclaration Grantor warrants to Grantee that the Property is free from encumbrances or exceptions to title crea ed or suffered by Grantor except those shown on Exhibit"B"attached- The Grantor for itself and for its successors in interest does by these presents expressly limit the covenants of this deed to the covenants herein expressed,and excludes all covenants arising or to arise by statutory or other implicuicn and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by,through or under said Grantor and not otherwise,Grantor will forever warrant and defend the said described real estate Dated. b1UO41 B , 1996 HCWA REAL1 CORP., Washington corporation By (,(-w7�L Name: dward J. W:isber.-r Title: : ior Vice President FIND FOR RECORD AT REQUEST OF By:Name: qq Silk_JJrr "IRANSAM}ERICA TITLE. INSURANCE CO. Title: AUtf10TfIZe 5 t1TIIfy 320 lierTH AVE. NE N t) BOX 1493 BEI.I.L\1•E, WA 96 f Ei469034 02/08/96 81413_40 4573786_00 . a COMMONWEALTH OF MASSACHUSETTS ) ) COUNTY OF MIDDLESEX 1 On c-X-4/1.4.41AA4 I ifl6 ,before me, L £. A fa Notary Public in ant for said state,personally appeared ' Edward J.WAISbefcntraxially known to and proved to me on the basis of satisfactory evidence)to be the person whose name is sheathed to the within instrument and acknowledged to me that he/she executed the same in his/ha authorized capacity,and that by his/her*Ivo of! the instrument,the person,or the entity upon behalf of which the person acted, p:next the Ian ,, .. ."...*• W.:Q..Yr' WITNESS my hand and oi ri-2 seal. 111try PuCUAOLlic ui and o-Praid lil-iff- 14 i 4.. - - ... -.. f.'• ' v" • VAT E PiLEY. f•ktan Putric ....:,,..,...,:z...... ... ' NY Carrntz or ExPres Dec.Pirker 30, 1599 1 COMMONWEALTH OF MASSACHUSETTS ) ) • COUNTY OF MIDDLESEX ) . On F*)•=, 1 if lb ,before me, (404•4•44./ 4. 12,1441 ,a Notary Public 111 and for saidpersonallyArthur T Silk fr.personally known to he(or proved to me oo the basis of satisfactory evideace)to be the person whose name is silbscribed to the within astrument and Pm CTI acInowiedged to me that beisbe emceed the sane in bin/her authorized meaty.and that by his/her signature on t", the instrument.the person,or the entity upon behalf of which the person acted,masted the inglIUMCOL e.1 an WITNESS my hand and omcial scal. •444"4---..,.."'•• 0 %%04... .,,,,:•., 0 Notary Public in and for saic-42-1 • : -• • ' a,) 'ARE E P"rt' r. My Crr^:-..:.-..r. Enr.::".i '-i?...:!,zkr K, 1999 '2-'• • • `f/ 2 9531802K OC1NEO/Wg870-329/01-24-96/ccf .... . a LEGAL DESCRIPTION OF PROPERTY LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN(BSP-014-92),PER MAP RECORDED IN OLUME 161 OF PLATS,PAGES 8 THROUGH 11 INCLUSIVE,UNDER RECORDING NO.9206302696, A ECORDS OF KING COUNTY,WASHINGTON, E XCEPT THAT PORTION OF LOT 3,OF SAID BINDING SITE PLAN,LYING NORTH OF A LINE, DESCRIBED AS FOLLOWS: EtEGINNING 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 F I,MORE OR L FCS TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION,SAID POINT OF TERMINUS BEING 80.8E 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 FECORDING NO.95 1 1 299006; ITUATED I THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. N 0') C) t.l Qr CD EXHIBIT'A' 9531802K OC I/MEO/W8870-329/0I-24-96/cxf • EXHIBIT "B" to Special Warranty Deed 1. Lien for general and special taxes and conservation service charges, not yet due and payable as per the following tax account number: 125360-0030-03. 2. Condemnation of access to State Highway No. 5 (East Valley Highway), and of light, view and air by decree to the State of Washington entered March 20, 1992 as King County Superior Court Cause No. 570903. 3. Easements, restrictions, building set-back lines, slope rights, notes, recitals and dedications, as disclosed by a recorded binding site plan of Burlington Northern, recorded • urder Recording No. 9206302696. 4. Landscape and utility easements set forth on the face of City of Renton Lot Line Adjustment No. LLA-016-85, recorded under King County Recording No 8602139001. 5. Release of access to S.W. 41st Street by deed to the State of Washington recorded May 8, 1980 under Recording No. 8005080581. 6. Reservations imposed by instruments recorded under Recording Nos. 4`.47626 through 4547632, reserving to grantor the right to retain 50%of any and all royalties which may be derived from all of oil produced on or from said property. 7. Restrictive covenants imposed by instrument recorded on May 4, 1981, C'" under Recording No 8105040070. cJ 8. RECIP13OCAL EASEMENT AGREEMENT WITH COVENANTS, O CONDITIONS AND RESTRICTIONS AND THE TERMS AND CONDITIONS THEREOF. Cat C D BETWEEN Powell Development Company (7') AND HCWA Realty Corp., a Washington Corporation DATED June 30, 1992 RECORDED June 30, 1992 RECORDING NO.• 9206302702 REGARDING: Reciprocal easements and covenants, conditions and restrictions 9 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE: Public utilities AREA AFFECTED Northerly portion of property herein described as delineated within said document RECORDING NO.: 9511200895 9''l2301 C OC l/MEO/W8870-329/01-24-96/ce( • • • 10. AGREEMENT REGARDING BUILDING LOCATION AND THE TERMS AND CONDITIONS THEREOF: RECORDED: November 20, 1995 - RECORDING NO.: 9511200897 REGARDING: Building setback and restrictions 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: Instrument recorded under Recording No 9511299006 PURPOSE: Utility AREA AFFECTED: Northerly portion of property herein 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: Instrument recorded under Recording No. 9511299006 PURPOSE: Ingress, egress, utility and drainage and temporary grading AREA AFFECTED: Northerly portion of the property herein O n -2- 9602301C OCIIMEO/W8870-329/01-24-96/cef • • • • • • r , ...I.:. • ]t • J. _ a •• .. .dam F ;• '4•f.=a 1 1. r •• {.../4 ••- .0 - -. ::._• •' .L/yam.,-:Y.j.; r :-'4 .,/�a r.r R' .y�- 'Ira• •• M l • -;�. � ,,,.1. .Q - •moo... .,'' lY: ' :G a:•f`• (mac.r<. 4 : ti r �y�• f ti,.f?.� .1 f' - •' }\ w _. . ist f _ ' J - s - T�w it/( 1JlJItjB /L�eYY*�O71f � • '. 'VIAL',eaa her sole and separate i♦, �.� ya crper�, i - to and fo mrDeritld,of T&1 AND !?0�0(1 , �.� and Va1uab1 , consideration,0.00) DOLLARS, and other good' �, ,, • • :- bumfqld,sanders gild worms,to J1s G.ADDER30N and YANRCIA M• ADD AS011, . the fdlerriry descntLes!read estate,situated,1 tkt Canty of -Kin a- • . • qy #VYbLt`tm. -King- , State 9! • . f • An undlviueu 1/le interest In an:. tc . i follcrine descriced real property: ' ,� J4 _ That portion of the Northsast 1/4 of the A' � ..ioil _1 , 'lormenip 13 Noi•c.i7, Range 5 East W.M., lying k.:r`e,- r ly of the r3 -a: '''• da State Highway No. 5, .XCEPT County Roads. I Free of encumbrances nave and except easenrn`a, , ;` : restrictions and reservations of record, an:. reserving 'into the grantor the right toretair. 50% of any and Ell royalties w ch ?s from all cilY be der1: a produced on or fre- said real ..•_T' property. _ fir.' -- — 1955 Ret1 ' state Taxce and Drainaga District -.:•°T No. 1 tax • • Dated this // ley ofg---(...'‘t-t-4---01---(--y-' 955. 3• �" M• "`- .l' .a... r144;r4 , , w•J6rJo'�t 1 w,i r r .. 1�L . )641.ill. DOAX3 Ml �l i�,' . �• ,.w :.' .yesr ` tr ii.�.Q+,.•r~IR h f" 'r t.�',yN:_Lfiae'r�;�,,._sJ!o�a �aaa��,`��a......��_ • rY •! Ijr'_t4 f' ` • , t it' '►s,.^ <• •• . es!,1 e•0 R•T� ,,,p�'•-�4.,.• • Y .1' 4• h• ♦V...i • t. •••1-4• y� 1;• I 't.:•:-ii ...-,'.i•'•. ., +1+y.' r it*? .1.- .'0• ' ,-` •c .. .A .1: �t jMs. t 1 •- y ` v'vE, ♦`� i } v �!'.a.. .....- ..:.ii:mil . . ` •per ..,.„, 'Ls '•'J't`rtC+.i. " wa rn.,fi• J 'r}*~•; a 1,,. ,-_'•.1 i�`_ !' ....:.;.r j=7. a.ram ", •of.,•••tr4 1,1A... q i•, r `•� ti s ri •./t.S•• �.••.y,• 't,..l �v,.yi- •e ey'lri•......• e 'er 45� sr Y Jim r 1•- rt _ .\a -ti r ••.•e • •1 krCJ'• •'S .i t';.1 .?+:Iy t �1.,"•••.e:t• 43Ot f'`4. • i Y!•at,. '...r..r7 1 .•�I,� .. ` '�� t4' 'd-l- �a.L..jr ,+- ,d {` 'tw - * �`�i.s t,,.•�,,.,• •':�' fi.,,N. y `I,, 4 0.,�•.,!::14,•-r'NY 7i•tr ' •,,....r.•� �yy Y.F,•,p" �<'lAs.f f•J. •'Y� +. �.9A, '�'sa I `,) ,�! ' • Tian . [p:••:••_... ..„..g JY• ..r.f� `, «3.' i. J� .y h :.C1 t.. e•.` .�. 't.. ::. •"• ,. •".e, ,y\Ve • �•..hli'" ,Xb. �!/ •t- •,j''/y1'`�••,i�'.yr`• (' •'"`^ `11*.-.''-.-,`.f'"�t; J' s• ew.'s c'F; • i.',-i _.,•••, i►•• pJ y,�• -..P4:•'•••r ••4.•••••.:1r•• ••. i r•,�. .`•?^-•�'Y;::'.r x••a... 1~N >" I.,./ rj' 4 ._;�«-M r j ... ►h f ''y, , ! _J.•t.j.w y,�•l ' i• e ....±.. .." .I. 42,f 4t( \�•�•yC.r s" 4 t 4,,,. "' r:• • ,,Pa iier". .:I% -.:.: ''•..C. }�tt'�,}�"�►• A?,274 i. ,t�i!i',I,,7.6, •'� ! r . • .i t !late'.l - T f rw �: 'a " •.\[s-I'"41,.. 1 •{;" ,f�Jl/u 't4$1 2.- `N '." '..y. • i -t•i' � .'-••• r t� T.y' • "� 7...••r ,ite 'i? r Y"' s- ice.•"•Y• ii`o 4'✓• :t": �` , 11..-.iN" 5)t1� ::''''., '.'rf.4,/N+�`•'!=,7- ti? wit. , :.L.nX ..?H.e.•-'. •• .,. ' "•� • .• .•`y� a� M i,',. .tir.... •Z•.5.4, J+• '�('•''rc-r•p 'vv J.", ,'j• • .aq J r a�• .pf' a y..S/ .. •.%. 'Aje, r. •7`-:-,-• ^lri.c: - ,sG.3 *Xr,.Mr k4N(i ta...t 's' _ ` ! "Y. • • .y . • ...•♦ ti •e• • _ •• - .- • • • • • • ♦ %`, � f • • " • .• . .;( . _ _ -`- + f' '... KK I . • •. - . j .•-.s- - '..3 .:✓ Sr► _•• ` •• ' • ~• •;Ai, t '' •� �.`f• :...... i•.i. a ,r • K5•�• •& •3w� " • .T. • .. .i . + � ! •' • •••:fi:a" • x- . V N1,"• ' -•:";,- � Y 7t -. .;QVCb74•.'.7Iw : .• 1 r- .i, ,11 1 7t1r..• .<•i 1,. •�/ fi•.. -1,1 .�-1• . - -r:-Y t )�`" �::• 't• t -•4i.�•` ;.'J i. t �j � �+.: a { _•D'! ' ;-y !X- -w �j1e _.. ,a+u;:i t 1• j, r •� � ` . f� • • , _ • • • • , i' l7 Cr . ti C - !' 44...q..4,• . ' ; jA ,.t ,,,, Yhf " w•t .s v- f�; „,r a•r zwitacR PLQRSNCE SMX411 TOON, as her sole se— •a of' ;, prupurty and estate• , • lot owl r h miss d TB. AND NO/100 ($10.00) DOLLARS, and other goc,d ' and valuable consideration, to hoof pld, i y'std warrants to J. 0. ADDHRSON and VAN1CIA M. AL:Jet'•.:OH, • - . • shoaled his wise, ; teo IWiody dtictited real eaa,. is the('.,unty of —King • wle )f ,^•'".. N., h •_ An undivided 1/16 interest in ano tc. •.!..• ' • ' . ';following described real property: 1 j° f� i. That portion of the Northeast 1/h of t:,e. JJ t ' _ thwost 1/4 a: Sc. -ton 31, Township 23.Nnr' :,, .Y' �" ; tAjtange 5 East MIN., 1;'tnc t;onterly or :,.c frts•ary .1i ' ' • .4tate Highway No. 5; •:•:Cc?. county Roads. '' rig .; .:c•:: Pee of encumbrances save and except ease. 's, • , . • • • restrictions and :•eservo'+.on: record, s-.. • .%". _ ervine •:nto the grantor t:.•: -'i;,* to r :air• . ' ' f, of ally and all royalties waic: :,a' -c .leri'. .. - rom al) oil produced on or rror. :ate .• al - _ ` i • ;rproperty. • SUBJECT TO: 1955 Real Estate Taxes and Drainage Ciatrict ' No. 1 tax i- t .tt. .. �' ..'•� c • • :!y:1 •' .•- .- Dated tAJ -t 1',, day of 1' c b Y .4. .I. Y l , 1,5: - ' _ o:..f :' 'vi '1&1•4 [+ •L6'14# .4 (w,+•) «•• j- 4 .>� y.. cTATE OF.Iw �• _ r•'_ r "t� . Comet et t1.a '- G 1 ......R.i�i"'.--,e4{. JN f x,,,=Qi ' i, ' —W i 1.td be!on me FLO?F.o10E '.:TEi.TOWN, ,°r'y�.�� x i ,`�~• Y• j • `T' ' r ho Z f:•tt �.[11�. '..V- *mental:,ibe -f•JfM � •.�.>•• t,•an� +.. 1e ,. • : i �w y .try .1 i>% -f - •c , •T 44 � i,5. Q1'�' idt e di Aso*4 .a°'1 trio.Y.1 re1taaser2*e 'd'Ot:.�SOC lye *S +'r/,y 1, 'v "i pi. ..• {{ `�. ✓ o..:.• • • ,. .-. r 7�_t... ,' .4, 7.'i1 4,./,;•• '�i•1• jSF 77'Ts t y a ~ � st.dz•.tltCGrL'1C g; air If (1L�—'4.t4••L.9 +^'1'•1�.,5• '3t f E 4r• 0,.. r Lt`.....�3 7`c'' �✓A`t h. '•'A = � A '�' 'ems• ,'•. .,� tea-•. :`w . • t e' -, -U ,. :_— " jf44 i.• / 'w layer--;;,r 4 ticr'"4 ,t�{,` � `.+9sy4=_Y*i•. .4 Cil. ;r•�: iJ �` w;t t 1- •_< ems' +0._ `ga y .� � i. ��e�.-.^• ;{ ;a¢1;•.N.e1•.•'/ SwF' + 1V••S'i ie wi.E++tX' 01 y 1 ,, ,',1�5�,-�'.arF:,` .- •/ s0'••. . 12,„".t 'r . u7 � 1C-3 x .,,; sw10.3'i p vi,is a •51 T h S,r r++!�iweT_e7�`{s.��•�,,.+•,,-,.. .<• • ti .e.. �4 7s't'.<�•,6) '•St•yam i!'y... „ •,.C's�' -...,+y.. e 1 +tip a • . r at^1y(,L4444�•t- 5: - 7 .•e �•.+�Y ) •.� 'L i'riJuW�`i' t �y.,o-,• ,r._ �.a•�, .�• t-�p� }.{�l'we] I_ i<a �...,6.,+� ir �Y ....�'L•.�e••_ • "r•�'IJ ii E1 - •+.4", ?.M t.flL ,,,e.�-.w.._ ,. Kf% i.•.�' C�IJ! 4i ...y',. RBI! i BEST COPY AVAILABLE ,Y I , I'...' !.fr RELEASE OF RCCESS DOCUMENT = n-olise The Grantor, GLACIER PARK COMPANY, a Minnesota corporation, in consider- I 8 ation of TEN DOLLARS ($10.00), does hereby release to the STATE OF WASHINGTON, `3 hereinafter called State, all rights of ingress and egress over, under, across and .7. •zpon the following described boundary of the premises s::uated in King County, State °e of Washington: n , ,--. Being that portion of frontage along the South line of Lot 4, 'II Block 2, Burlington Northern Orillia Industrial Park of Renton ;} 004 i Division I, as recorded in Volume 108, Pages 12 and 13, of Plat °: Records of King County, extending Westerly 300 feet along the .1 =- South line of said r,ot 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. 1 i :: iv 1 Provided, however, 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 Ilflil said property to Glacier Park Company, its successors or assigns. r Dated this 25th day of March 1980, ACCEPTED AND APPROVED: GLACIER PARK COMPANY ls., E STATE OF WASHINGTON By C"' c , „� - Department of Highways Vice Prep dent --/ Cif '.7C/`��T.-4 c �-4-�+ �By"?T �__-(=� Attest . 0 1 Asst. Secretary I i • If i .1 ; ,. , i i __) . ! ....... . ...i, rle ``LrJtIflU- //l l� ((i!f._�( ( �i �. - ; i....! j i ire .iJ• .- . .. •.r .-._ — _ y - _.. '. ! __ t_ -.1._.j See X Co A q lto, G;)VIT LOT wt 494 Zat Sir IS rn rn . .°^ E. " ^ ^ . `".°`U. ^E.^ ` ^ 1 ' [] ' - ' . /g9',99/le ' /' f:.2. RESTRICTIVE COVENANT r C THIS INDENTURE entered into between GLACIER PARK COMPANY, a Minnesota Is Gcorporation, hereinafter called 'owner', and Brad :'nninghao, a,i indev:rtual, 7 D hereinafter called "Purchaser', VI Gre. WITNESSETI:: m WHEREAS, Owner presently owns Lots 4 and 6, Block 2, Burlincton Northern 'i Orillia Industrial Park of Renton Division I, according to plat recorded under Auditor's No. 7809250902, King County, Washington; and • 7« ; WHEREAS, Purchaser desires to expand a building on Lot 5 of said • Block 2, and the parties, as a result t.ereof, desire to establish setback ` requirements with respect to future building or buildings to oe constructed on said Lots 4, 5, and 6, Block 2, of said recorded plat; '•9W, THEREFORE, for good and valuable consideration, the parties agree I as follows: 1. No building or structure shall oe constructed or maintained on,the I . south 24 feet of lot 6. and the west 39 feet of Lot 4, Block 2, of said recorded i plat. 't r- 4 2. No building or structure shall be constructed or maintained on the •! east 21 feet of lot 5, Block 2. of said recorded plat. •? i 3. This agreement shall be binding upon the heirs. successorsii ...- --, '..1 and I, 11 }))// t` • = : assigns of the parties. Termination ,if these covenants or any changes in sane l x�st De approved by the City of Renton. ;iI CATED this 22nd day of P.�ril 1991. , )43Eit. SLAR . � ctActtO VARY c�>r�i'anv v� r ' • I M i i �• Attest: Jw �'.!r<< ' c / r • ` 6SSIST.15 secretary \. 2PC,'ASii i 11 :#1. r LA ,i lk 7 STATE OF MINNESOTA ) ) ss. County of Ramsey ) On this 22nd day of Aori1 7_ (�_ Kpnarly 1981, before me pers6nally appeared and R J Morin to me I known to be Vice President and Assistant Secretary, respectively of GLACIER PARK COMPANY, the corporation that executed the within and foregoing CD GLACIER and acknowledged the said instrument to be the free and ,.Ountary D CD act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. tCD IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official CD seal the day and year first above written. r _ r 11 XAV AA"IJ.t�hi4tl t/it.t t t '� %c�'� 4 j vi T:lkYER Notary F is in and�/'or the '1jr:l WAR,'Pu?,IC-rI"r:ESOTA �� r,.,, o ,� ,roV State of Minnesota, esidine ' 'j, My Corr7.n_•,'r c,;,..:, 17.1965 i at C t. Paul x pa ryctVV`7tyrtt77YYYYYY1 X My Co'nnission expires Noverber 17. 1985 _ • STATE. / TATE OF WASHINGTON ) SS COUNTY OF WJE1 ) On this day personally appeared before me C(,4) Li VALVIAcif4-1t"I to me known to be the individual described in a d wEio executedthe within and foregoing instrument, and acknowledged that )l signed the same as A-tP free and volunta^y r.ct and deed for the uses and purposes therein mentioned. �y,� G ZVEN under my hand'and of,fiicial seal this . - ' ' day of 19 Notary Public in and for the State\of ,9 9n, resiJlny //JL • J 1- 1 CITY OF RENTON ' '1- •�••S•• i / i I 8oLOT LINE ADJU18TUENT NO. !_LA-ol6-as c - A Portion of the SW 1/4 of ot{on 30, and A Portion of the NW V4 of 8aWfoe 31, d .,,*, 4' Township 23 North,Range 5 East, WM • King County, Washington E -Aotial'oo. • Y • I EOAL DESCRIPTION l o,a..0 BLOCK 2 a ./ • .. I i r.mo... tie MYNA 1 'a rr •/.A/'I./. J L. Om.Y Ib caw.4 ram,law ifMM.Mrs el rYr� L.r r N .+I LOT� ....Men.M t 4 4 — OWL. 1ti2G0' 4:1J1: t2 i Wnd t-ILThmoule WI j rrp o▪ .iyrr we V4 NW 1/4 s[c .si . (i SEMI la..ally ell\...e▪mir all lbw Olio all V/.i.. t i 'c1i i r.g.11.tro VI ir+MI a tar US Mo16144 war CITY OF RE1tTQtt LLA-Old-Q6 mom et rove itulkjra thhAL4.11.VOL a i.l r.1,:vg I. •t rrr 1 ..=1.Y. i. .. ..a. •.r`.li- u r.....t w am..rrr..r. l u*I*a rc pt le 1M1(�jw or jJ.a.MIL 1 U 1 M N.01111111,11U01101S .M.tit. jj ....,. r7 �l11ii�P7i rVIZ v IMP%wade MOWS CIPITV ATt , aaMaOrt CpTi1CAT[ -••w•�• ' NW r used Ns_wt r •a.a 110 arm*wpm*.arm me►r...r r' • t�_ SURVEY_nc. RECORD QF �T Al r w._r Wow w_•r r ern.r..�e..a r r w�r.r ter r•+ h> Me *Mae wer1.I �Y•'•'w 4 Y r r • I .nrtt ��.u.rr.► f� WMM..V M.�� V , tt>w w COY .noo w d� MsItta, M KIN a 1 mar- -- 11L sue tax 1._ ♦s r KM O COUNTY, IVASHISSTON t1.....► I . .y, -'''' , FILED'FOR RECORD AT REQUEST OF: • li PUGET POWER ATTN: PATRICU SNYDEP ' REAL ESTATE DEPARTMENT 44' P.O.BOX 97034ii 3; BELLEVUE,WASHINGTON 98009.9734 I r' PARTIAL RELEASE OF INTEREST IN EASEMENT• gz KNOW ALL MEN BY THESE PRESENTS that Puget Sound Power 6 Light Me Company, a Washington corporation, is the owner of an interest in ,. T that certain reservation and grant of easement referenced on the n i plat recorded in Volume 100 of Plats, pages 12 and 13, under Recording No. 7809250902, records of King County, over the real • I property described as follows: Burlington Northern Orillia Industrial Park of Renton. . • ? Said Company does hereby abandon and release all rights acquired s under said easement in and to that portion of the above real 1 property described as follows: ' See Attached Exhibit A 1%EXCISE TAX NOT REQUIRED L' King Co. Dins o ,, BY tV .. • et .Deputy Q 'r IN WITNESS WHEREOF aid corpor ion has caused this instrument to '' • CO'D be executed this day of , 1992. ;}. GOPUGET S ND POWER 6 LI COMPANY B Y: O.—P. �� 11 G`- D rector eal Estate i 4 ti' STATE OF WASHINGTON) j? ss. i COUNTY OF KING ) • On this pU� day of - , 1992, before me r•( personally appeared WAYNE H. HOPMAN to me known as the DIRECTOR ,:' REAL ESTATE of PUGET SOUND OWER 6 LIGHT COMPANY, the corporation Z. that executed the foregoing instrument and %he acknowledged said • instrument to be the free and voluntary act and deed of said J , i corporation, for the purposes and uses therein mentioned and Ahe on oath stated that Ahe was authorized to execute said instrument. ,r - i IN WITNESS WHEREOF, I have set my hand and affixed my �I official seal the day and year above written. 7. .1 Publ c in a d fo S Washington, residing at • ' My commission expires Cf�j J• - : • ' ! PUGET SOUND POWER 6 LIGHT COMPANY • 4 CORPORATE ACKNOWLEDGEMENT • 4cO, I52-1- EP 55-4-1 2111-%5 JV-AC001 4-DC-3516 .4 .ir',. t., .. :•ff•..'iltgl41•7 f-., } - 1t. f 7 >:'�:,�'. , ; -ry' 11: ' I }S(b �. k �Co�.'�4t.t��, t c y ,..i a'�4��5'•�- +r.. �}_�i'4i*�ib��.r11^p1)a f�,�.:�.>•+.'� s y+a� w J t � � >7�. `,. >r , , ( htit ..E..) { I S luK LY•g... �—a wl, y) 1 f��a�F,l. 'i�q.• �.. a tiv�}� t L�~� aS�l M.. . ry � � -r S �t a �•;.„.w .j 'iSl"ry•/'tIyh •t�4'�' ''/)7 tir.'A (,j t] �• ,w „j.14-4L;01" 5;1 7• rkf, Y?(YeC i•ire`.Sr .I, tr' , rvl ..i'�', k r X.. r J.f i,�^ ',Cn 'k;r+.t {•' S.y% Y ? t 1 e '3 (J'[5•kV. r ^ L� > s , o�el f , � y.` t , .1,1?`.. . - 4k' �..U!!'�' ..•1 i'( -ir,t f- •C I ri '''''7;; {T� f 1 fLS'}i'�5 �.,. t�i awL.,�T f r ••1 '>. w "` °S',5r Sti a. .>L•C'' t r , ,• n :�'jf'; f f y*t:r � 1�a Z J'1 i:�t'C/A ,P1 , •(1 1 l't' ly. , • T''t 1. r 5 tt .•lf1 i "� ..nC••.Y w Ikr,, ) t r 1 r .r r -��{Y'•�rJ '�[ ry r � 57r,G y 4.;��t ,� yt��:g'�� t t a•h�'• t. +� • i + a. 1 J 1y { tL ,r I to r / 3'.�'411/4. f'.1L.4"4..1t' [,,' 1 rrq' r,1 tr 1 41 / rIti , 'r t P 1tY� t 4 4 •� � t tt L�1,, �`�''•!x.J (yyyy/---n t.. t i s ` 1 t 14lI 51 L 1. iC.. 1P,• 77:t�tP ry ..1i'tfs Pc/ 1 � .1.:,.f lr1:if ` �1 r' a r t• t .;4 , t Y r sJ.S J� ..♦ .7•-0 rt 1 r,r.t �,,t11,,.,7 of Yl 1 �,v 1y ll 57 [ a. ,.y ,4� )�1 S t t+yt � l` , '' a. } C ct \ i ag t ASK•t lrnlaSf rC4 w•ti` .1 , j t Al:•( ,5. ,?1 ., ,, J t t. ti-9'.,,-oirj :, +.,:t'1 7 t ., a Z /tl `. {j P i 'J +, IZS. sY [ .� e 11 3/. y ' .r rt • ,wj:,,• '' EXHIBIT A • I " Those portions of Lots 2, 3, 6 and 7, Block 2 of Burlington , .I Northern Orillia Industrial Park of Renton, Division 1, according• 4 to the plat thereof 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 I direction, the centerline of which is the line common to said Lots i I 2 and 3 and said Lots 6 and 7; said strip being shown and designated as a utility easomont on said plat; j I TOGETHER WITH a strip of land 20.00 feet in width running in a . North-South direction, the centerline of which is the line common to said Lots 2 and 7 and said Lots 3 and 6; said strip being shown and designated as a utility easement on said plat; 3 EXCEPT those portions thereof lying within the South 20.00 feet of said Lots 3 and 6. • • i Situate in the City of Renton, King County, Washington. } 1 • 1 YrM W 1 1 : ; ;- 1 I . • • (400 t:lt.'_t A jr I-ttt 417 yr 1.4i 1 . 1 1 T., 1 _-i J r w . t ,, ~y�,N�Y t i T- •y F .,ti,n. . i rv.. ;'17.4. .....0:; ANSMICSI. 7: ,ra,w4-.•.en.ra 4ilAt-t YM. .x. 11,-• �,.r'J�.. .. ..+..-.n+t',.w . .. .•... ... '.. ".,!.:.,,7-‘,Ittly'' . iSif— - ••= . .- . . ' '-'.7;•••g. 4 f a.•44 'C'.1.‘I:.‘ • ,,'". • ,.. . .. - ' 'J . • • -:a•11:VW . '. •.;.;_,'...- :1: 1! .•• •• 4 -.-.. ,. _. 1 r ----r• .-., • . .... ,', 4*- lisiz fvt.• •• ,mi -,_,,,. • - • ....v.4,..• -,••.'iir:, ill!„,,...4'--1? .,c'h., • I ,••t . - . .•, . i- ' ' ,31-4111::. fi*,'• •• . .. , ,.0..•r:0 4 ...,••11.**••• ! r'i " gs• ."' ' e;:.::!:Ok.;•••••,-•:.' .•.!:• ;. .4.;••' 4, . ' -.. . .• . . , - .....f. .•.-.: , ; .:,...... ..„.. 84:e• --.*::..e 44*,,..' •'••1ul. '•-•-••:•'‘ .. ..-.-....*:.:-.4::.' '.,4 Z:Y Ci . :et-..-t;,,- .': '., 2'• '/,,;.- •:)--. - • • . — *r-ir:.:-.,...':..:.,,A. 4,-..:e,-4,;..:k-.7, e'; . „... ....!,... ,,,, ..; tl -• . N.'••••irry. • .a• "4 IPI, •. . i . z: • : . RE-92-002 "I' .i.fh•L ••,•• . • ' I-. •N411.11i vtur4 ILICONDID RETURN Tat -." ..-:t. • , A• - ' A " 0 e ...)... 01.28 lt Ws aer Oat Reams 1100030 Rafts - . ... '1,.1 44:2:i-a•,','. J.: .• ,, 1...,.. I ' . .,......., 300 ILIII Mews soda RELEASE OF EASEMENT , ^••,1 L ..... , • Ilamos.VA 311033 , ' •V-'1.1)-77r11.:%•,:;.-..-4;%•‘::4,1 i:•as 4, r• •.4,41) ''.. 4 -• •‘AC•.1.L. : '-'•0 •• 5 - •-,,- -- •-•.• a * .• KNOWN ALL MEN BY THESE PRESENTS dist the • ,.OF RETVON.a municipal corporation. is f/- . -, ..,•:' the*won!dinet,tetnen9tc‘q. 91ml...front ThePlatoct orlirst?n,.,Nortberta Otillla Industrial Park o( 410.1.;-,t,:4‘.%•: Renton Division I dated on September' 13-, 1978;rreeatifed,wider King County"'Recording No. • , -•--- -•,-. 7909250902:,reeoids.of pas;coanty, State•of;Waihinipon. over real property,'described as eN/ • ' ••• •',-'.••1-'-*•'"1".." ';*:Io" -,1'1.•'441tittotsi4. • • ,,I", *.74....-4,ii,.• . \V, . • foLlowE • '-• , •.... ;. y.,,,s.t4,z.c2.6:ac;, ,, ft„.r. ,.•.• , , •, _ ,; , • ViP.,f..);:1;'.• , ,, Sec Exh ., :-• •-•••i•I-'1'4.%. A' hergt.,0 - , •zoof,.r:•• : ,. . ibit°B•attach ed • -.....i • ..".• • , , s•• .r . ...•../r41,441NOSIVS'tetilk,41..4 . Otfr•.:"•-: • . il • ..., ilt* 1 '• •.--.. . ' • -,A utility easanent,20'la width,being 33103C particuluii described as follawr ,, .,--•, • • • • ,..,,.. NS..., ...r) 8 See Exhibit''A•attached - hereto , *-,•2-':-- - • so, . - 7'' - - '` nr'--'_,'''' - - -,F• 4-- -- .%."--. --....., THE CITY OF RENTON does hereby abandon and release all rights acquired under _.4,.• ..- 3b9VC described easement. ••c . • %."'' -- , ..... . ., • - . ...,•rt „,. *;.••',.; N•'P.C..4 N TN,NFTTNEliS 1711;EREOF,said City has caused this instniment to be executed by the Mayor and City ..... .), , • L-,• June 25th 92 -•"' ...1.1.,2'..f- • ---- ,... Clerli4bis • - • ...; of . 19 . sr, . , ..... - ,`''' ;' •;-". A"''4;-4: -- .•• ''.'.1„,:-....' ,.„.• ,,,... . 1 .•"V''' ,r4 4 S,... • 3 .., AI, 6 :: . { ': iit't:-,".-1" • • %,.• -..., N ...i.•t/ 0G• .44 (-, .. ..."‘r".1 • OR • ..-Ii-,..:4 • , . --••• .- /re ,•,.$,. ... ..: I • 17...'''• 4'01,10,; .,4 ,4 ..„..,. .,., ,A.A At a f/' A.1 .- ' • --,-,,,‘4,,,.... . 3 1 , • 2 \ .., ' i 1../I A•:. ---ch WITNESS: I' CITY CLERK t '1 - 4'-` STATE OF WASHINGTON ) CZ Oa - "- -.1)i cc?" . . . ...• 2-X.4'; ) SS •;'. _ •; --:, `-'. (JD COUNTY OF KING ) ,.„ 0 _,_. on this 2 5th d2y of June ,19 22,before me personally appeared ...:-;..„ Earl Clymer MAYOR,crn-OF RENTON,and Marilyn J. Petersen A •,- ii - ' CITY CLERK, CITY OF RENTON, the individuals that executed the foregoing instrument, and 3 'Si acknowledged said instrument to be the free and voluntary act and deed of said individuals,for the - I S .7 uses and purposes therein mentioned, and on oath stated that they are authorized to execute said D •- instrument. •-, 1. !-: •,• IN WTTNESS WHEREOF, I have set my hand and affixed my official seal the day and year above written. •• % a - 1144'D , /11' ., I z-i ..,, -- • , -- \ No c in and for the State of Washington residing at Renton My aprnintment expirts 11/29/95 I _ 1 •.• , t,•:,,.< :.: t .• FILED FOR RECORD AT REQUEST OF TRANSAMERICA TITI.F.INSURANCE CO. .;.: •. _.•0 . ‘N , .„ /131111,11DDAD . / , •' 3: • •f) 17 •.'.". ,• •'•.'fi P.(). LA) . . .; ..4''' L 13eUevue. WA 980C19 . , _ . , - _ , • -.„,.....,..,„„.,,,,..-1.;.,-.vr • , •,,,•43t14,4:,.....ril„, i. ;...e.,-..!,.i414.:7, .. .m , . -_-.06:441:•..r..?,.E-4,7: -•,_::. ••‘‘ -:•••••• --: -‘7 ••• ,?......-fr'.':f..:",,r;:•%..441. •v!•:','-.i.". '-•`-'.... --,pleitivt&r..u.;r 71%,,VV -a. . tli - ' - • I --- . -- -•"F ' -1,.,..;;,...%-Y---:::.-- tr.,f?1,-: !!'•-.-. -:7-.••••,... ... . ..-, wk.,.,...-,•,.....-4.....4..;...c.i..,:,• —.;::,...„,-. z„t-,1-..-,....,.;;„1.,... •. -.--v, .:-.:-;:f'41-i:..i-:It.•-••••t.s:;:,-.7z.s-."4-tei 43.g*i'C..ik:&-.24-14:0,1 . i.'• %.-...,:;.`'F.-.1fc:..,':.' ,•-.1 4"f::7.:::.: t?;.7.,..!::;,i;.1/27'r„ -.•"v:i,..'. :-!c•-fat';",..;..•' Pt _t`,+ • '•�'1 �T' !''' e - _ ,tom `�� i ; 1 ..--1,....;" -a .• • ,r ♦ ) yt, ... 1'lt. j7� ''. .7-'.2" 1w7+ :etct, ♦{.r i `• t + %- ;• : �..t.....1. y� *'• ..•, .r ?�,,Yf:•?�` I. `'.TI .}. BUSH, ROW B:HITCHINGS, INC. • 1 • EXHIBIT A Page 1 of 2 '?''t'EASEKF.NT'jRELEASE DESCRIPTIONi�„•- j1 1�, • 3' s 3 fs,AND'.7, BLOCH =,,OF BURLINGTON • THOSE PORTIONS.'OP ;L T3 2,�: RENTON DIVISION 1, ACCORDING 0 �%z '.ytgx I _:.¢ NORTHERN ORILLI71�=$NDt13TR1?AL PARX:Ol� a I :{�; .'�'• TO THE PLAT THEREOF,RECORDED IN VOLUME,,108 OF PLATS;'PAGES 12 AND �' ` VI. WASHINGTON, DESCRIBED AS FOLLOWS: r., a J = 17. RECOjtUS`:p IN CO , . { : 7 ;• ,,«frirk;i •,• • . •<1,e,,,fii•••,4.-v..-, _ ...t • "--.."..f: • • WEST 1 , ^-•-_ A STRIP OF_LAND• 20.00�FEST IN WIDTH RUNNING NtAIQ 'EAST -�` DIRECTION; THEcCSNTERLINB OF WHICH IS-THE?LINB .COMMON TO SAID LOTS 2 AND 3 AND SAID LOTS 6 AND 7, SAID STRIP BEING SHOWN AND ► . C• DESIGNATED AS A UTILITY.EASEMENT ON SAID PLATij.,, •-, Mg$THER WIT$ A STRIP':OF LAND 20.00 FEET IN WIDTH RUNNING IN A • c ! NORTH - SOUTH DIRECTION, THE CENTERLINE OF 'WHICH IS THE LINE ; COMMON TO SAID LOTS 2 AND 7 AND SAID LOTS 3 AND 6, SAID STRIP '^ , i BEING SHOWN AND DESIGNATED AS A UTILITY EASEHENT••.ON SAID PLAT; ► 1 EXCEPT THOSE PORTIONS THEREOF LYING WITHIN THE SOUTH 20.00 FEET i OF SAID LOTS 3 AND 6. 'r•-' h i, 1 SITUATE IN THE CITY. OP RENTON, XING COUNTY, WASHINGTON. i _.1►- I Cs4 a w U i O ,rich: POWELL DEVELOPMENT c� ' 4 t40 �.-....... `.C.,.•• BURLINGTON NORTHERN B.S.P. ='z O �Vro raw* WILLIAM A. HICXOX, P.L.S. • • W t— Ncy) • ; ,�e ,. cS BRH JOB. NO. 91407.08/SUR548 a' • JUNE 12, 1992 . Z. 1 i QtR , C��\ u7sr -f° '- sst'R�e7 ` % • 4471L t a40• . - i COMES vrn44. i O O W O GI GI - W , --N ,..1 . 0 c i I 34.4 _ �a,i�; �, i • r••. '... tom _.�. ..r0.t-ei c }• 1r' .t Z.JSei.:.it''. 45_. .. j(.5'ii��:� ,.7! :S S ±�'�Fa�'f," M�:Kif '�l"J.,�.��-�� _ . •••••••,)•at,:rl'rp,a"•••••y..r•;"•: ,• AV •,.. :0..4, iv - ..7'..1."..; .-1....-P....' .: i• '' ...•. • ; 1.,1;$0.. Int' ... . • ,, VE rya;Aift.,..t 5....tw i, .• A...e.17,1,..641WW.V. .i,..411,44/1$ r it ••.‘,, -b 2t.... l'i.iir,s'-';'4C.-t;Ati'ji:fte•7'. - *.Z :.'"•1:714T;• • • • 0.7:0c.ii-' - .-.!ii.d. . • .--a i i IP I r'-'-1 '4i'•-.4eZ.A'•-*e‘:•% ; • - ..- r,' . • .- ••?, c.r ,- :At• • .- • .-• ,. .•-..,..4•41, -r : , ;•-!'•••-•:.;':,.. . '• ,. • -. , .. •vi.,....q...- '- '. ...,,.,4-t:.•.c,ii. -.4.. •... • • •.: 1 '••‘•..v.. ',0 .Ai 4..• r i, • ...• / • ' ‘. A J ••.iv•, , , ..1 '.-..•'•'' T' .--•e i••t, ..-; . :...Z A .,:.. •;.•.'t tit i ,....;, ,.g•..,,li,.,I igitti,_ . .. _es • •, .'-. •' '''' '-' . . '..:••;:t- '..1j.) ;.P14—.'.11,41.t•' •q.•,.ti. _7 .., ...of$• ...ri !,..,., 2 i:...p.* .•:„.1%, - , '!1.•.:747#4,,.*:..s.;' .'''Att,:...........i...:.'•--,;•,- `.k .....;r-"•• •• .1:. .•4-,1;),1: -faiskliw .,M, -, :;/,4-46".',:: ' .- ..•c - ,.- ,,.t.,4 SdiZft,, . • . •: ••,le'4,44.4:11it" ' .1 lity-•-' • • , •,:t .-2r a ,;. '7$•:I. -14-•'‘ f -. ` i Ar• :'.. .-*•*.k.i.• . . -:V:.,Itirl, 1."' • ' •_. ,•;:'-" ': - . ,i/..,•,t, ,..*S,.1,?.!,.-. ._:.:.:e.....-.. '• 41.50k, *It. .•.,..s= • • ___„.\....;,407k.144,, 6 68.MAS. I l•EAS. • 17 / E ,t.,, m 5 )10 ta 0 cl EXHIBIT A 7,.....:, ,. •,N •its' "'""02b PIA,. -I -..•-'41,pf . ' I338,.._, . p i LIM) 4.,.. AVE..:, 11 ,„..." _ _ ________L_____ \* ..3.•.,,,. • .. _______ 6---,it,. - —--•• 1,328.82 4,1'44:it,## -34 9-2,0651.E (.169.08'FLA , ....,.. .‘t , , --......._ \ ; % ./ ...-.. *--•••-... -- ,,. ...dilla MI A. N or 09'37.1 ? '"$-•"--4.--4'. ... •,,,,, ‘4.r.;4 De . ;'‘,. ' —— - ......_.___________.._. ...,.. :....• ,, .- " ----' ,;21.,,itii,..1.,ALONG.,,STREET... FRONTAGE PER PLAT 1 ,?' 7 t":t ,• PO LANDSCAPE a unury ESAIsT ii."•: ''. 1 Is4; ,..... mil,,,-, , ; ' • co,-, - 44t Pa S 'I 10 TELEPHONE Esher REC.NO.790509084 -t•-•.'•:Ietz ., .. ........; 1 ' .0- Alz-•(.41 Q ;. .1 .......;4 0,..-. .- tqi 1 -,-,.., I I 1 (.., ,.. ,,,,....4. .na....'. 7 • 40lit.f., ' 1 2 3 8 .4, z ' it i -1,1 ••••• '0,4'7--s. . ,, , , ikr$444tPlit 1 , ; kg4P.#., ii'-‘• , . :.,,,,:4,,,.., .., -4_-.' " • - ' q 10 i I ?3 . GO•b• 44/4-- V c a ,-, •.,-,•-,-- i -• - 0_ - • a wr.--:-,1.-** -a . 1.1 *2. VOirigibl".4 (J1 V p- 0- x.r- •- f"' • • ,' ,-.. :' 't , ., -..,. -< •.-e-,s•-: ,- L• 2 al -48 we ,,,,, ±..,...-.;..-_--- ._ . ... 4.-k,i, -..1 'i.tt.,-.:Ni:',' •-- --,.I.-k- - t.-‘, •na,,,- ) VI - ' 2) - C f r. . .. §to ,I -I • --,i 0 .- ••4 '..151' a) 4''t •23 4 I a ° y.F 1 -1=4 ..5) -4, .:.: ..IA .• ,.i- • , t ' co i N r P 0 A I x • i :s"( 4 .(rn N.., 0' '. '• 11-\ t.,„.. 1;PciA•1. . ' I g?" . • C'R 12 cnz. `4";.‘ 1111 ''--‘'13 .-P ,,,.,,,,:* c; co o i N ow 1‘)0) to co g I *12 * P% r. P• -< .1 .......... f :; - •-4- -57 '' ...• ...•••• . .••‘, , r L.••:. ' • ..1. C3 .4 AN. '''e• r ' • ... ••4416,.,„ • CY) V lid..zo. 0..A *:...s ',:ts•.4 's ' .i-i.20'UTILITY ESIIA'T ,.-% - ,' Ihiti is . .- . lik_._ _ _ . - 1-• PER FLAT (Tr?) %-::::. ... , --- -- - --,.1. - - .-...__,...---= - - ---•-•"''-_,_ :-.77.-• , —-;--- • - ., ,__ ,.20.00' ,' ,,-.., , /-::.••-745- „:1•..,,,.,•-ei '.,'... •• '. N 0105012"E (--)..O. • -9 -ls '.•,i•,•5••:-.-.-..T.. „,,*•-',A.4.- •40 .•••'..... 50 12 E "age % I: ''''." • ---..,. C ' -1' ‘4;:',.• iSCAP£ a . %,.. 2) . 1:1 .....r.)7 ...h.s-.2.44: • ESM'T . 22 T 0 r- . .. p1, OA ...r.1 J •,. "•^"..4,.-)4•-4"1, 5> L ___ .,..,:„.S 0 -i 23 '1 g ..••••• 0 •*\'‘. : :•-i, "•,• .1. , I 0 vi --, I . (., c . . ..,. -• \' ' -.1 1 k /1 . . .'• — -< ilk . _ . . 0.) ,... ., ... a) i. 15 LANDSCAPE El UTILITY ESN'T (Y1 1it ALONG E. VALLEY HWY. PER PLAT .. . i ---.-.-- ----- ---- ".•_____ _ _ I 791.67' t-"t\ 1 SO °5009'W N 01°50'• E 1,94 1.231 PLAT I ' •Ix - N 01°501-09nE 1,940 75' CA • ,• • - ' •, . . E. VALLEY HIGHWAY < r m..,- , .,„.. .,,•••-...:;•.•-•:,-.. -.1.74 r 7...." 715.-'I'-4:.. V.Fr -:.=.' . _, _ , - - • , . • .. -,,..),:--f. .,.,--•---•;,-1404,,,,.-;-....i:..A:.•:.•_,••••• , err •• •:.,', .,-.:-, - Air.11,—.K.:- ,i,-L••.. - • • .. ' • , • --- * ' 1....":iritii.%-14 1..trefi4•• IlIr-e: M.01411:4,'•:•:'-'' ..--- .- -•: ' ,; ..--':'''..-.....•.--.. ;t'?".^!•ft?..."!'....-......;!!,,•;:i....';;:', ..s_'" Y r, .„,: .. !:-, ,...4 :_ ., ..„,..,,.._ .... .,...-.,... r.rz,... .... ...--:.-.: -:..... .-.......--,e.;-4:0....--_..... ,..... c.. „r, . . .. ...-,.....,-...i.....-.-..t.4,„...;.-........• ....-.,.;,1,ef...,:i 4 4%:.aii.f.:Itzik.-:::4•7;rt-4%...:747-4-4..‘"mir.=;:•...;:•.•).w...-.71.,rt*i.••7--•••=7,10:- .• ••--,-.!..`.0. -i••;•'''-.7•• it...e-- ••.„. •:1:-....:,...-,7-,--,..e.2.47,•.7.E-.. ,•.: .....-...•-• .,.." , ..... : - . '.,' •.''.1...i." •••;:i.'•-;'•- '. ;..r.'er ,„ - _ , _ _ ••• . . .I.V. - , 4..t. .• ... .,., ••••• • . ,... „:• . • . . . • _. . .••• An- .1{.. t. '•Vi triVia1f. - ... . . • ..• ••+?.•• •• • • , •i.• L . W i!4.: '''. /.4‘j:.It;•“.'`.;'jr;: . , ...... •:„,.•<•:, s. s • •:.• .. • . , . .. . ......,•,/e•! ..,,. 1 '..,•*1 .... . . ., . - . .. •• ' • i ',_k • ' 1.-1 I:vv.:4, • .- -, •_. ... - . :';'-,;,;•%;-`.' •_1-. ' ei • •- . • ' ' •••.*:•• -.. , ) ' • 4. • •. ••01.• • '4..*:- ,7 ';7 .- ?''''',"It - ' - -,'„ .•-• : „_•. ..; ..... "‘" •••. ' ' •'..-.4...,..,,_,,,,i.•2 •• -,• . •-";• "SI •.. ..• _„. . . ••c,,. ... :........T•-; - , • - . . ..;.-!, .e.•-•...".,;•,,......•• , ,., . • ••• ' . , •-• .:,.-.4..Z.z. '-.4•,, ...i.:- 6.,. ....i.. 4? \,.,,z• .,...:: , .• _.......-...::-. . 7. •' •..4' ''''••••. •...''''t '''' ' . .....•• -..- . . , . . ••60)k .0, ;,,,, ‘,..., •*,.:, 1 a.. . - - '/•••:17,-1',-•• 4• 6' •, i‘ . N.::. • ;, 4 EXHIBIT 8 • '. •• *f.;:1.`‘,.-".1s, • ... . , 1 , , , . • . . , . - - f• „ 1 •.. . ' •• ''••Vel •f;.4.•. '7.4.1.: ; '14,6•:C...:-.:. ,• ,zugatit,•,,ti .c..::., . . : /:'ai•.. ,, Ms l':,•-••.,-,Ict c • •""‘...-, • • .."••e:•.,.- - - ,6P-1-4004-40.-.1.•,,, .,.,.'-••.;;.,..,.,: 4 ,g 411;1;. .7 ..:i'•.r 4 : : • `;•.*.;- -3. .-..- f;.• •- That.portioneot,Burlington Northern Orillia:.Industrial qPa. .%/460-LleAf,Ilicin..„,eDivisioq*kI;Iriastper*-- plat ktriacorded,C•inf.- Voluse'1 • ..412'1z...4l • .•,-;•tL.., -4.-A. 8•., k.-..,.,ttq P-._l•••-••i•••t,-...•i;••-'*-P•.••,••e-ig....,e:.i71•,,2i ndt .1..„.7"3.4N, r.1o.„oo1...i.d,i4e',of,,4,Xi-S1‘r.. \ County diiciihd as folio (,.,.•.1,•, • 4 .-..4l•• :..f.*,f... ,•.-;',i • .....V.:b;11". 7.1'):. . • .• 'Atli 4rigt:VA.,...f 7.and.. .,in Block 2 i-til..4?..:.1,:i;--.A.L 4• " l•:-. '".k%-s'.'.: .7.i--'4..'.' '.3%. ra‘c,••1- --- 444,,_: -".iltott4t7Alti•A _._, Togs •er.v . .„Lot:2,1if*Citi.of Renton Lot'Line Acijustaent*A-1;4": under,-4-King--.1Coursty. Recorclihg4:.*...,. •,- i..1r.-41 .-". _ .. No.78602139001i „- --"c.„.- --;-----,-- -,•-• -,-4-. s 4.s 4-"--: ', • -••!-1,-.2',.,•:,.,... ., '.,;1..a•,:i:::'!:',:::-/-..:A..4,-.;*. ' • . "':'••'-: ..-.I.L. -.‘.""4:*.-J -7'•: '.."-.,..--*-2".: 7,' Oa---..-"F. •7,..,.., ... 4 t;i-fr-: ":'.:. •;!-"-Fi. --`,.x..,17.k.T.;---;',.,;;;-7 ;-..= k •-t.• . And t.together-zi with all -railroa-d 4 right.s.:4 or --:way 4 lyir: r,. . ,. ...-.0:...*:.•• adjacent_to•Lots 1, 2, 3,. 4, 5,.-.6,...:7,... 8 .and 9.inl sa .1,• ;•]:::: Block 2 and-adjacent to Lots 1 and•2 of City of Renton .4".'.. N Lot •Line.Adjustment No. LLA-016-85 :recorded under sing -1,.......... ''••• 's.1 crl County Recording No. 8602139001 and adjacent to Parcels A "P'' '?."x• .1 -, 47- C.0 1 ...11 and B *of Short Plat No. 378-79 according to the Short Plat recorded under King County Recordincj No. 7909249001; ;•••k-• c.) •:...),- • . •:-.4, ,...,..thi-•‘•".,_....1... . - • - . • -. - .N.. liee:11 CI' parCel'Up:r:',x-i'',. ' .-'7"• -4,-7'• ,a.,%1•,-.- .'......1; --, C V...ItCti'• ilM4 . ' '•' - :-* :'.0.4..'i. ••.... . •`''''-• • Ir'' •, 4•0&' ''•:'• I ., .. %.i.IP..•..1.•107' Parcel,B:of Short Plat No. 378-79, according to the Short •• Cr; Plat recorded under King County Recording No..7909249001; :,........,;:.-p .31., :-1,krfrg, Apt.+-kikg- ,...,.;:74_6:icezt..•4;,-.,....., Si tuatetin3he 'City of Renton, County : :of King, State of i... ' '..:•:- liashingiont'Vt,.. :' _'-z*-4.-VAIX-,,,7* -......._;:t,.- . . •.,-- ....-., . • ..t‘',171r ,..• ••4"*-4..... . . ••; . .,..,...L 4-3-:, •''ac3Z-.-, ... .4*.,,--:.",:::.•-...)':L: )•.;_f,'•5.....,.;4! ' ...`",,•••7-'2:,,:t • • -4,4-`:2 ''.`:.'-• -, • ... -rp..• 7,-... ..,••..r:le,,..-• -•.'"?.;•..•- •;-Lk•' .;....... 1.-.'.s,.....-- •-1.::':-ye, •'4''....'-,•-,'-•-.0.-• 17•54/005.2/11/92:11A013 EXIIIIIITA r.1 - '*- 11,:,;-';`4,1;1•• l'4••••' .,. :'"''÷ -'f, '-••••-(7-':•..:•-•• --• ,-•.!"_,,,;,•. •• -.,, • ', - ...- i •,,,,,--... 11' .4••••,:..... .., :..• . . ,..•. ... .. -- .. r; -•-y.,A;'....."...--.:.:•'..-7 •.•-"-'.. - : -:-.• e 1 •- :'- '. -zrz.4•%17'1•;;`.•'••••Cr:;4.17%-' .1.1.7t.,.. -41-:;:1:7.At•ia•OirctiVt.ft•Cliar' •-44. t-74:,'-_ ,-.'--;.•' : '' ! - ". -.-;'v::: ::, '''.',-',';--:•-•ts,:•,:". ;':-.4. L."..._. , ,_ ..... • PaltaMEEEEM ': r:i.V--f:-•.: 4•::t;::•.-7•7•-• •- : ;1,.-?1,:••••:-.:*; I ,..-1•:.: :7-7-z• -,- .-. •-•.. -0-4._.,..... 7, ..t V•Ifit.40-r.r..-7-7.1..„ ril... ..,..,53-1::"-it,.;•'--ItY00,,,;:t'*--: :).0.-,•1••••-,....,-,..x. ,....:_:‘,cw.......-.;.".: :,, •••••••-.. ..... ..:.:ft-,-. :.. . • / • y 44077 W-1 110..,) B.Wa Of INddT 15th May IB 91 wHaaua.ow THE DAT OF_ Glacier Park Co. •A Ub wtar LunAun1CAILvn'. InC. GRANTED TO IOCT►T'C..OMT ..E - .Naaa1.1APTUR RIPERRCD TO AS THE•TIELVH0Nl COMPANY.' — OR TO ITN MaD4CaNO*1M IMTIaOT.AN WdaNT OR UISNI`h lAV UPOS THE POLLOWIIN OesCalea/Y�►a10DSRTY ` SITUATED IN King 'OUNTY.STATlu011tOr WHICH W yIJq Oa SISNT '' 0/WAY IS RECORDED IN Till OII1C`PPPTNL AA CO M SAID COYNTY IN a•'^i OF Plate AT PADS `j r.1 • ', PARCEL A That portion of Burlington Northern Orillia Industrial Park of Renton DivisionP. I. as per Plat recorded in Volume 104 of Plats. Pages 12 and 13. records of King County, Wa. described as follows: • Block 2: Lots 1. 2, 3, 4. 7. and 8; and Lot 2 of City of Renton Lot Line Adjustment "1 No. LLA-016-85. recorded under King County recording N. 8602139001; • Together with those portions of railroad right-of-way lying adjacent to Lots 1, 2, I 3. 4, 7, 8. and 9, in Block 2. as shown on the Plat of Burlington Northern Orillia 1 Industrial Park Of REnton Division I, as per Plat recorded in Volume 104 of Plats. Pages 12 and 13. records of King County; r — Situate in the City of Renton, County of King. State Of Washington. r ..0 CC) Parcel B OParcel B of Short Plat No. 378-79, according to the Short Plat recorded under King O County Recording No. 7909249001; N Situate in the City of Renton, County of King. State of Washington. I W z EXCISE TAX NOT REWIRED King Co.Raxlds DMiDR a 1 ce KC W • J I— C....)W Now.THEREFOR&,FOR A VALUABLE CONSIDERATION.RECEIPT Or WHICH IS HERESY ACKNOWLEDGED.THE TELE- ✓1 V1 PHONE COMPANY HERESY RELEASES AND ABANDONS TO SAID GRANTOR AND TO their SUCCESSORS 1.11) J J IN INTEREST THE EASEMENT ABOVE DESCRIBED.WITH THE INTENTION OF TERMINATING SAID EASEMENT. L) VI .......I IN WITNESS WHEREOF.; Y une ELEPHONE COMPANY HAS C.tlIED THESE PRESENTS TO SE EXECUTED THIS IJ 16th DAY Or IS `, UScNc WEST CO r LRv r MMUNICATIONS. INC. ` •+ /v...ww erBEZ-Bert. Courkor' n _ . BY D. L. Dauphiny STATE or Washing�.an } u. 1 s O COUNTY or King A-N OO= ON THIS loth DAY or June 1S92 SE►ORE ME PERSONALLY APPEARED CI IA./ D. L. Dauphinv _ To MC KNOWN TO se THE Right of Way Manager-Operations •. 1 - OF THE COSPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED THE SAID IN• 4. + STRUMENT TO SE THE FREE AND VOLUNTARY ACT AND DEED or SAID CORPORATION.FOR THE USES AND PURPOSES THESE- L.-1 I7 IN MENTIONED. AND ON OATH STATED THAT he IS AUTHORIZED TO EXECUTE SAID INSTRUMENT. 1 IN WITNESS WHEREOF. I HAVE HEREUNTO SET MY HAND AND AF IIED Hy OFFICIAL SEAL THE DAY AND TEAR IN •r. 5 -ERTIFICATE IIR6- ABOVE WRITTEN. I 11 1 NOTA SLIC IN OR THE STATE OF ..nch1^IFjn-) • i 31 ES I D IND AT _A-:.---....._-_-_a_ lire ,�..; ">•� r':417 1 t'1�� t yy1 W7, 'Ye• ih .•�. +. r' 1-C'-;1. - r • THE OOCUM: i T. i� . ='1,E IS LESS CLEAR THAN THIS NOTICE . • t l ,S DUE TO l:._ I L:i r .r Tir: COCGt:EFT. • ... 9207150861 RELEASE OF EASEMENT rT, TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY CD C•7 CD CD ;-a 1 •. `► tat • • 1 ■maw TO Ar Rey tf•'---k'ud -to S W thM V+.,-. ••l"'owrw"s I-,0-5 Ito Of a at PT4sr` I‘'.1". i' '''. '• ''4.' -' '-‘` ': • ..t. '", ,t4V., ' ' ' :;-.,,,,. . . • tit :;� � • � •T.; -•+: ,,.� 1�„ • �7• t. .� • T /:r�•^:• 1 • '_C� :•� ma�yy.. X, • • +` • After recording return to: jI' l , ila POSTER PEPPER i SHEPLI.AAN ` y 1 1111 Third Avenue, Su.t.e 3400 �� a Yj Seattle, Washington 98101 �43"i�, Attention: Michael hunts . s • / fi,.''. tLLEASs 07 UNUSED RAILROAD RIGIT-OP- AY \\ ky�J •••rJr 1�z.:ii •+e I THIS RELEASE nada this a fir` day of June, 1992, by GLACIER ^:`'.• ': PARE COMPANY, a Delaware corporation ("Glacier Park") and '':I !i'.":1 BURLINGTON NORTHERN RAILROAD PROPERTIES- INC., a Delaware corporation ("Burlington Northern" `hY : ,,, Recitals . 1 a Cr) •c.` x c CD 1. Pursuant to the plat of Burlington Northern Orillia •� ' `'�r z "T (4 Industrial Park of Renton, Division I, recorded in Volume 108 of � ` • LI O Plats, on pages 12 and 13, records of King County, Washington (the "-A. f7 •Plat") , Glacier Park reserved certain rights-of-way as shown on -".i' _ CAD the face of the Plat for railroad purposes. 3 C7,cn Lcn2. A portion of the railroad right-of-way shaded in ExhibitA attached hereto has never been used for railroad purposes (the •'y�.' • "Unused Railroad Right-of-Way); U Z I _ =' 3. Glacier Park and Burlington Northern are selling the Jproperty ("Property") more particularly described on Exhibit B ` �� attached hereto, which includes the area encumbered by the Unused ''1 • .• . Railroad Right-of-Way; w. • x 3 :1 4. As a condition to the sale of the Property, Glacier Park • - and Burlington Northern have agreed to release the Unused Railroad sn -� Right-of-Way; o0.0(~ 1 NOW THEREFORE, Glacier Park and Burlington Northern hereby • release and relinquish all of their right, title and interest in '• 1 and to the Unused Railroad Right of Way. Nothing herein shall affect the other rights-of-way created on the fact of the Plat, t including the other rights of ways created on the face of the Plat •- that encumber the Property. • 0 W (signatures on following page) ^r rT RF.C!1•`5I OF c ft1 f r� (nn �r rn 1 CO. Tim.• \li 7R4 • PT nrr�� t OF • WA 92 J d,i :1�c. :.L` gtll..uc. v QUX 1;73 , �.__ BeO�we, 14'A 98009 :1-_ ,wLJ iZil! �. •L,, • •�.` •.y:4.-.. 'ice�-.X h•�'.. tit: • �. --•• 4.e?!,.=" ••••• "*.- `i• :;. ,;.. '�. .i: ..-Lk rt14..•. :t.....1$ . * v....-; ,-�n'' it 4.- ram•.i -s 4%%•� f''4 Ta' :..5' .•i,t$• .t . 4 3•+t!. . 1�Z• ✓M . ..fa t.n1. ? •t , .+t .•.r. ,�..,�y�•! 1 c4►1V, ate, , :•i. l: . Minn ��. ..•.� ___-_-_.._. DATED as of the date and year written above. • GLACIER PARE COMPANY, a Delaware corporation H 'z BURLINGTI NORTHERN RAILROAD, 4 1 PROPERTIES, INC., a Delaware corporation it' By I o Its.AIV510 , z .N . STATE OF WASBINGTON ) ig NO COUNTY or ) • . i u W C') � I certify, I know or have satisfactory evidence that .N CD 73`� / is the person who appeared before se, •,�,, O and said person acknowledged that said person signed this N instrument, on oath stated that said person was aut .Qrized to J• 0' execute the instrument and acknowledged it as the/J c GLACIER PARE COMPANY, a corporation, to be the free and voluntary 7;; act of such corporation for the uses and purposes mentioned in the • r instrument. Dated this o•!{p day of 1_, �.♦ ,/ \------- , 1992. i • otary Public in and for the o1-- ""•r•,•_.� state O 1Jnshington, residing o•., •�N�. `�'q•. at . , ,_77/, • ?� ... .c1 1 3 My appointment expires1. 95/ • • 1'•7.u --e— w• • .r •i 7•• 3-03A4 ;,O=i ;o. whisk 0" • am71s2 az, ••.. i'4'� p0T4q)„ P:C• ,: •• r�. 'i �itJ� 'r �iry3y?� Yf{y�'��t7CNy+� - • ,r,r..-z.-,...- -,.., , • • ,p4 . •- ,. ,. • • • • .-..••,.:h.:,g4.1S±r.lI..-).XP......1 4'.,:,:i.•..•.,..-.:-*.•;•-.'.•...-.1I..--.,-—...,..•.~-.C.......•,.......,--.-•-:, ?6,.•i ; . ..i-':r:'.,.......; ,,....•:"....•.4r1...:..•1'4".pt.•'X...-..-." 2. • :- . • .. . •• ...•-•'•,•:- (' •••''i-:.•':'-7,%:...:1.4.7..411-., ) 4. ..- 41.0, :•. !7• 4 ! . 1rA0. n . ...'.': ,11:444.14..t.:( ,•?•a _:.'N,'•. .':. •.79• O.: • i. •..••••.1:. :.•'' . .: :•. • . •••:...!: .i: ......!. ,e•., •. ..::;:,;:ii.VI". '7... .•,•:. 16.. • '"4 1.;.•‘.10,',44.7 "•!,...I.. ' ' ........'.6!4• ' . '014!•01i.'. C••...' -'....: . . •• . . •* •• . •!.....'.:,.••• ; ..... ••.4..- • •1;•'‘,.:: . ,. . 1 •1‘•‘ .. 'e.4 .• .'''•Pt.1•:.'' . . ;%. '..‘• '•IC, .'• - t. t•- .4- ; •,-. - e:' .4:4P.,iv"..". .1••1.... . •••- .,s'..•.......,-: . ",*" 0''• : '•,- . z.• ..,"tk • ..: . •'• • ' t.• ' ' .FS*.••.;4;4-•:.. r '4,,,,.. ....1‘71.1Z.',.... ,.• s•:; ..... .. ..' -•, ./ •,...:.•A'..4s*..t...f•...,._•..:... . ... .1rt. .. .‘ ..„:,..:,•• , . ...,..... • ....Pl..' .ii..,v.i..:;.'...4.......:f.:'....1(,. -1.'• ;..t L. ..' ... ,. im..%,,r,0-..;:-.4 ct.•• .-...:•- ..---•• :..-. s...!••••••".:-r?-..7.•-.:-.1-..:4:4•'.e.4.4•-•;Mdfci ).,..•..L • ••,:. • -: .t • . • ".•' - ..- ,-.'.-..-044..e-,-, It . '•" ''''-*' '• •' •" - - ',7 2.i•' -;--:', .t.::-...--.•..,t!'f.',,•*"."4'- - ''•-•-•...--,•'• '10,1; :--;;.••••.:. . ... -- ' • I .i.'.1.1.".0..'-4..,7•4 •,S.7,••-•tr:i.V ..:.° . ... .i.4'.' ....... ...::::tc• :-.4"....' .c.:!:45Z's •,, • .. . STATE OF WASEINGTOM ) ) as. , . -, •‘_.--,A,i,' & " r"...;•,;:..• • ::1.1..., 1 COMITY or I certi ) -,-;,...44,,,,-•;,,, ,. t I know or have satisfactory evidence that •2-; ' )iii.. .'..t''.• • is tbe person lobo appeared before se, and , '':r... .3r 4 • .11 person • that said person signed this instrument, on oath stated that said person was au oris to execute the instrument and acknowledged it as the of BORLDIGTOM WORTFIER31 RAILROAD PROPERTIES, INC., a corporation, to be the free and voluntary act of such,corporation for the uses and purposes mentioned in the instrument:-•YI•tcl- ' • Lat is Dated this ,...26 - day of .. . --,.... • -4/ e....e....4-, ‘--- „ 1992. . .1 ?•,*-,o:.-, :, r• -ftc•-Iiit .. t..7:-'4:-.....,„.•,... . c.: -• -:-. vint-.. . `43:-+ - - -k-• "-ws kik _-- • 1-:v•'"4": ----r'---.',f., • -...01!.... .. .. ,, . • • . ., al ...•••••* tary Public in and for the Washington, residing 1 1 CV at eir •,en•__27-27i 1 • • .•• , cl ' ''4 sot44, t'•G 3/9/9i :. ‘,.. My appointment expires .. , ,‘ CD • :0 :"':‘' ......._. •E • :,.: ...'',:,,s,• • : ov a.%c -,...i • J.:.'1?-1 N ••'a"... iw. ••-•`..,• 3-0344 • o.• 1 C7) •,,,....„, ..•4.. . ...- • %e •......••••09.r - - ,' . • , .......,•• • •.•,•,., _:;•. ..!' "E too Avetic i I -.0. %117,7.-. 34344 Se: • .,. ..: %e••••... .....'c':, • ,- . a'•- , %•°)'" it"tO‘k•,,,,, A ... *--Iff• -.• • . _ '••••.•••• . - , '••....•,.' 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J•• •A‘ .-. • .•• .6t• : , : ' � • 4 taw .F. .„i ' :a�• '•141 `v jt, a r ; ;. • .r�j� i...��{CC„ ,! . *G. ...•v ->,•1', .4.„N:Z. J . 1.. ; '. amis " MINT A • —r.. 110/ I LOT • .1' P*16410...ID it V) Lire 1 } i y 0) � .R b � T l 0 I. cz, J J , N l__— F . d 6.•. 6 L.K e t N , I .... ____. _ ___._.11- -- .. ...." .....,, to • i ...t. ..b. ow 4; 7-r eTle&MT ilierinZain vile lea ado Area. es4 IQG Gn_AGtsQ PARK CO. lemma—no IJ, WA t r-G4t 208 4e7 539t 03-O4-92 11:53AM P005 $38 ry± 1 i — - fix. i ►ya�7s' : � .; '� y�!~f•f1 'i,i.' i iti is ..ocx�� c • y�i3,�.. .+• r�,�Y.T'-•�'••.�, 41 ; 'C�. a 7-rs,g'. }'1.._ me.A p ..ti.,•..1 r4 j,.dY .s.:«7/+tc.,i w�j %. Jfy.:••...., _. ;T1l*.:4 . } iM 1 T:' tL!r�iki 'R. `,F F _.s y '. 1••••':. - ''... . ..,.. 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' 4'''s-., •. ''.:•••. ..-.7...;•'t.. 11r=2;:..... 1 -:• . -•:' .T.••;•••••'4.-•- -'I_.- ?,, :; , r-.i..--1- - _. ' - , • • , : ,... a 4 4;•• • . ... . . ..,. .. ...A..••=311 B • • • •••-, # 4V ;.,, . . . - ......1,„- ••• 111110k.713p'.../6; „ •,-..,....1.,. ...4' •' • •' •-;'•.2.4•1, :• ' -- g.''),!' 7.•....,.. that portion of farrlingto•••,1RatherrOrillia Industrial .1k,,;...2 ..,i• 4,-";• • ,,...t1/4••••A b.:-. Park of Renton Di • 2:.Fas per plat recorded in Vol . .I•4...: I.Y . 100 otsPlatarpege • 3.3,v records of Ring County, • f-A •t./.. ,,•,1,-• ,t: , deeasibliatifollone ,:' :•-,et'.. ,•:;,%- • -,...t.ut,, . •„,.• -_,..'i-,.1 %,--1,4,- - : • •,,-... , , .- •••.,:,i,--1 ,...: LOtRI11,1tf2;v3X*171" - • II la Moak 2; ; ..,•••1,.,- , . 1 r••0`. ...t:,-.Ay,' • - ' : --i t ••••'•Y.1"/-•••:::;",., 20411:MER Lot 2_of City Renton Lot Lin. Adjustment eilitft44411044191111410115 s ._.,..it.i•-• 1,.7 A rt.Klr... ;•'. lifo:5,23A+.014411:recorded'under Zing County Recording So. .. 114423ToeV3 ;'" - ''. ••,-- ' -7-',42/,-.., i - -4--*. •- , ,---fxr,.--, -..------• I ..• AND 1003:131ZR WAX thee*portions of railroad right-of-way , . lring"adjacent to Lots 1, 2, 3, 4, 7, $ and a in said -...0 • 3;4' • ii, CA . CZ Situata in the City of Renton, County of Ring. State of N Washington. v.) iliCILII: CD • • 0 Parcel II of abort Plat No. 3711-70, s000rding to the Short • N Plat recorded under Xing County**carding no. 7909249001; CT) •-11:1/44-,•,-i.: „_ , .., • lit:oats in the City of Renton, County of Ring, State of Washington. • - I • . : 1 . .-.: • - • . . . . • •. 1 , . - . . . • -. -,. • 4 .1.• .... 1 • . 4 ger•' 41.:• . • .. .4 r.:i*. - ,,...'•-, •:..••-.-.• • , ,, rs••:•,* ..:^%,- •— • .. . . ...• .. . ;,..- 1- ,::'7i:"‘ " - • . ...,..,,., ...!,.,...:..-...: . z......: :.:.::. ..,.,-:...!-e•,-::o,.::..,:.i.T4;--g,i.;:_--=,;.-'?.;4:t13t;t4t,I,-ct,,.-'4 -t,,t,z1* •-`..ihr---7.,k -0.-'7-' ' - -'• I".. •,-•-.'s's --'....• l'i:::....-t::•-•..7?..viviy..4,;Zi.W.":0•4014•,••=,!.:*-.‘i•:.:t.-`,AT,.:4."V',,• - ,7 i'X.:,'-'v...`1,7:.:,',,Wa,4 r.;,:s...': ' • . .., / s•-, 4--:-.•-•;tl ".. -.•:, .^.7.•7.:.4...js•••-4'. .7;t.rjrerSI. .n.i74ZS.'fi; 6- •,-'3. .,-V. , f.#•-*. • ....-7-• • . , • , ,._ . . ,.. . ;•-•.-'4:474:41 i I:e,—.*: .:f ,.•;".:4 .---.-.;;-4.-_-•-t,:ir.--::.---• • • .. .. ---4..........y.:4 :4.-,?..-c..,......F...7:3;p:---.)::,:. ._••,--„,-•;.-eig-.2.:41, ..... ! ?,„,-;,,,-4-tIrv.:;....4.:•:, ,:,•,--- -.-::::.-4,•cl.! -1•:-:.--!:-:•-',..••.- ',_ Y i • 0 ® . • r RECORDING REQUESTED BY AND 3 WHEN RECORDED RETURN TO: Alston, Courtnago, MacAulay i Proctor 4 1000 Second Avenue, Suite 1900 r' Seattle, Washington 98104-1054 Attention: Robert C. MacAulay "l • RECIPROCAL EASEMENT AGREEMENT WITH 4 fr \ COVENANTS, CONDITIONS AND RESTRICTIONS 1 BETWEEN l O., ECWA REALTY CORP. �7 AND '' � ` gg POUELL-ORILLIA ASSOCIATES tl 1J � ', N !zC CI q 4 ! O • .`i . ) N '¢Y k FILED FOR RECORD AT REQUEST OF ip r •.IN •" 6. r ' { I iG. BOAI S3 CO R 5AvL3RI?0C1 A 98009rC .� ?;.e. S II -:' ,r:`'. %C 0 0 RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS TABLE OF CONTENTS RECITALS 1 A. NC Property 1 B. Powell Property 1 C. Shopping Centel 1 D. Owner 1 E- purpose 1 ARTICLE 1 - DEFINITION OF EXCLUSIVE BUILDING AREA AND COMMON AREA 2 1.1 Exclusive Building Area 2 1.2 Common AreA 2 1.3 Conversion to Common Area 2 ARTICLE 2 - USE 2 2.1 prohibited Vse& 2 2.2 girther Restrictions 3 2.3 permitted Uses 3 O (N- ARTICLE 3 - BUILDINGS 4 • CV 3.1 location 4 O 3.2 Fire Protection 5 .1 , 3.3 Damage or Destruction 5 ' G ARTICLE 4 - COMMON AREA USE 5 CII N 4.1 Grant of Easements 5 4.2 ku 5 4.3 Access 6 (a) No Barriers 6 (b) Staging for Construction 6 4.4 limitations on Usg 6 (a) Customers 6 a (b) rnplovees 7 (c) General 7 (d) No Use Fee 7 e 4.5 Utility and Service Easements 7 4.6 Signs 7 4.7Outside Merchandising 8 ARTICLE 5 - COMMON AREA DEVELOPMENT 9 5.1 Development Timing 9 11 -i- 1754/005:6/17/92:Dd516 M[1A gr.nel 0 0 RI a ARTICLE 6 - COMMON AREA MAINTENANCE 9 6.1 Maintenance Standards 9 6.2 Maintenance by Agent 10 ARTICLE 7 - INDEMNIFICATION, INSURANCE 10 7.1 Owner's Indemnification 10 7.2 Insurance 10 • 1 ARTICLE 8 - REALTY TAXES AND ASSESSMENTS 11 8.1 Real Estate Taxes and Assessments 11 ARTICLE 9 - EMINENT DOMAIN 11 9.1 Off+ er's Rieht to Award 11 9.2 Collateral Claims 11 i 9.3 Restoration of Common Areas 12 ARTICLE 10 - CANCELLATION, MODIFICATION, DURATION 12 10.1 Cancellation or. Modification 12 10.2 Duration 12 ARTICLE 11 - RELEASE FROM LIABILITY 12 • • 11.1 Release from Liability 12 • • ARTICLE 12 - DEFAULT 12 12.1 Default 12 12.2 Remedies for Default 12 -� 12.3 Attorneys' Fees 14 • 12.4 Governing Law 14 , , OARTICLE 13 - NOTICES 14 . . E. 13.1 Notices 14 C ,i CI D ARTICLE 14 - LENDER PROTECTION 15 ' 14.1 Lender Protection 15 1 CD ARTICLE 15 - GENERAL PROVISIONS 15 j N 15.1 No Covenant to Operate 15 ( 0') 15.2 Running of Benefits and Servitudes. Rights of • Successors 15 15.3 Not a Public Dedication 15 o f 15.4 Document Execution and Change 16 .., ; 15.5 No Joint Vent 16 o i 15.6 Reasonableness of Consent 16 ,o 15.7 Lot 1 16 _ i 15.8 Counterparts 16 15.9 No Consents 17 15.10 Wetlandq 17 • 15.11 Lot 7 17 II ll -ii- 175/DO5:6ini92:0416 HCVA•Apr.nol 0 0 Aft RECIPROCAL EASEMENT AGREEMENT WITI( COVENANTS, CONDITIONS AND RESTRICTIONS This Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Agreement") is made this 30th day of June, 1992, between RCWA Realty Corp., a Washington corporation ("He") and Powell-Orillia Associates, a Washington general partnership ("Powell") . RECITALS: A. JiC Property. HC is the fee owner of Lots 2 and 3 as legally described on Exhibit A to this Agreement ("HC Property") and as shown on the site plan attached hereto as Exhibit B ("Site Plan"). Such Lots may be referred to in this Agreement separately as "Lot 2" and "Lot 3". B. Powell Property. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on Exhibit C to this Agreement ("Powell Property") and as shown on the Site Plan attached hereto as Exhibit D. Such lots may be referred to in this Agreement • separately as "Lot 1", "Lot 4", "Lot 6" and "Lot 7". The reference in this Agreement to any "lot" in the Shopping Center shall refer to each of Lots 1, 2, 3, 4, 6 and 7. 0 C. Shopping Center. The HC Property and the Powell Property i shall be referred to collectively as the "Shopping Center" in this Agreement. II GD. Owner. The term "Owner" as used herein shall mean and r (1) refer to each person or entity which holds fee title to any portion C) of the Shopping Center and any successor of such person or entity acquiring said fee title from such person or entity. The term "Owner", unless otherwise provided in this Agreement, shall not i include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping Center. S E. Purpose. HC and Powell desire that the HC Property and the Powell Property be developed subject to the easements and the 1- 1 covenants, conditions and restrictions set forth in this Agreement. W I o I, AGREEMENT: In consideration that the following encumbrances shall be - binding upon the parties hereto and shall attach to and run with the HC Property 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 f 1 consideration of the promises, covenants, conditions, restrictions, -1- 1750/005:0/17/92:0V516 KLCA•A0r.ne) 0 0 easements and encumbrances contained herein, HC and Powell do hereby agree as follows: TERHB ARTICLE 1 - DEFINITION OF EXCLUSIVE BUILDING AREA AND COMMON AREA • 1.1 E.xclusive Building Area. "Exclusive Building Area" as used herein shall mean those portions of the HC Property and the Powell 1 Property devoted from time to time to building improvements (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in deptn), as the same • may change from time to time as provided in this Agreement. "Building Service Areas" 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 within the Exclusive Building Area. 1.2 Common_ Area. "Common Area" shall be all of the Shopping Center except the Exclusive Building Area, Building Service Areas, and outdoor 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 Agreement. d 1.3 Conversion to Common Area. Subject to the rights of Owners C2under this Agreement, those portions of the Exclusive Building Area ,1 and Building Service Areas on the HC Property and the Powell M Property which are not from time to time used or cannot under the I up terms of this Agreement be used for buildings shall become part of O the Common Area for the uses permitted hereunder. An area C4 converted to Common Area may be converted back to Exclusive C) 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 terms of this Agreement. ARTICLE 2 - USE 2.1 prohibited Uses. The Owners recognize their respective customers' need for adequate parking facilities in close proximity to their premises and the importance of protecting such parking o 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 S Shopping Center shall be devoted to the use or operation of a -2- t75G/015:a/t7/02:Dv516 x[vn-ear.net 0 0 1111 pornographic shcp, adult book store, nightclub, or dance hall, or a tavern, cocktail lounge or any facility for the on-premises consumption of alcoholic beverages except as an incidental part of the operation of a restaurant or other food-related establishment. Each Owner agrees to maintain on its own property parking of five stalls for each 1,000 square feet of Floor Area on such owner's property, or the number of parking spaces required by applicable law, whichever is greater. "Floor 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 customers and incidental to ground floor retail operations shall not be counted. The Floor Area of any building shall be measured from the outside face of 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 immediately prior to that period. 2.2 Further Restrictions. Except for the HC Property, no building of any size on Lot 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 for 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 improvement items, including without limitation cq lumber, hardware items, decor, fashion electrics, fashion plumbing, i c) floor coverings, millwork, window coverings, plumbing supplies, F I N electrical supplies, paint, wallpaper, siding, coiling fans, N gardening supplies and patio furniture; provided that the Q restrictions in this Section 2.2 shall not apply to sales of such Cl 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 sales 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 Depot; Petsmart; Pacific Linen; Circuit City; Future Shop; Magnolia Hi-Fi; Pier 1, or (b) to o 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. o I 2.3 permitted 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- 1754/005:6/17/92:oV516 HC A-Apr.r,d •• 0 m 11111 ARTICLE 3 - BUILDINGS 3.1 yocatiof. Notwithstanding the general depiction cn the Site Plan attached as Exhibit 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 Owner'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 a. (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 property lines of Lots 4 and 6 and twenty (20) feet from the east property 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 designated as "Initial Building Area" on the Site Plan attached as rxhibit B. HC and Powell agree N that after the first such buildings are so constructed, any G replacement buildings or expansion of existing buildings may be [. located anywhere on such Lots 2 and 3 so long as such buildings N otherwise comply with any restrictions set forth in this Agreement. O f'1 (e) Any building on Lot 1 must be located on the Cnortherly half of Lot 1. N (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 Lot 4 as drawn on the Site Plan attached as Exhibit B cannot be relocated, o11 diminished or impaired. W ! (h) No change can be made to the access driveway along o , the north property line of Lot 2 or the access driveway between Lots 4 and 6, 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 "Access Driveway" at the north of Lot 2 to the access driveway between Lots 4 and 6 also marked "Access Driveway" as shown on the Site Plan attached as Exhibit B and f'``' generally in a north-south direction, provided such general north- . 1 n4/005:6i vivz:01616 XBU dgr.ne l 0 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. 1 All other buildings in the Shopping Center must bo 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 pain qe or Destruction. 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 Agreement, or (ii) raze and remove all parts of said damaged or • destroyed building then remaining and the debris resulting > therefrom end otherwise 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 4 - COMMON AREA D8E i H •�,� 0 4.1 Grant of Easements. Each Owner, as grantor, hereby grants solely to the other Owners only for the benefit of said other •,, N Owners and their respective tenants, and such Owners' and tenants' p customers, invitees and employees, a nonexclusive easement for CO roadways, walkways, ingress and egress, access, the parking of CD motor vehicles and use of facilities installed for the comfort and 0 convenience of customers, invitees and employees on the Common Area • of the HC Property and the Powell Property, as more particularly located and described or the attached Site Plan, as the same may I 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 , j construction is commenced on such lot. 4.2 Use. Subject to existing easements of record and the terms of 0 this Agreement, the Common Area shall be used for roadways, w walkways, ingress and egress, access, parking of motor vehicles, o 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 Exclusive Building Area. No • long-term parking, park-and-ride, or storage of motor vehicles is permitted. 1 1 -5- 1754/005:6/17/92:Dv516 ICYA•A;r.rel 0 0 .3 Access. (a) No carriers. No walls, fences, or barriers of any kind shall be constructed or maintained on the Common Area, or any portion thereof, by any party which shall prevent or impair the use or exercise 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 and control the orderly flow of traffic, may be installed so long as access driveways 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, which may occur as a result of the use of the ladders, scaffolding, storefront barricades and similar facilities resulting in temporary obstruction of the Common Area, all of which are permitted 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) Staging for Construction. Powell agrees that HC may t4 temporarily use Lot 1 for HC's staging during the initial O construction of the building on Lot 2. HC agrees that Powell may N temporarily use that portion of Lot 3 to the east of Lot 4 as ,. N crosshatched and designated as "Powell Staging Area" on the Site C Plan attached as Exhibit a during the initial construction of the building on Lot 4 and the building on Lot 6. He may relocate the staging area for Lots 4 or 6 of the Powell Property to a reasonable alternate location so long as such staging area is of substantially i Py the same size 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 the staging area only for the minimum amount of time necessary for construction; and (v) shall quit claim to the other party the benefitted party's rights under this Section 4.3(b) when the W • construction is completed on the property for which the staging o area is provided. 4.4 Limitations on Use. (a) Customers. Customers and invitees shall not be permitted to park on the Common Area except while shopping or transacting business in the Shopping Center. I 11 -6- 1754/005:6/17/92:s 51G NC4A-Agr.m1 e 0 1111 (b) Emplovees. Employees shall not be permitted to park on the Common Area, except in the Common Area on an Owner's property where the Owner has designated such as "employee parking". The Owners from 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 Owner'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 parking 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 crosshatched and designated as "No HC Employee Parking" on the Site Plan attached as Exhibit Q. (c) General. All of the uses permitted within the Common Arca 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 for 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) Vo Use Fee. Persons using the Common Area in accordance with this Agreement shall not be charged any fee for such use i- N without the written consent of the Owners unless such fee shall be O ordered by a governmental authority. If a governmental authority t" imposes a surcharge or regulatory fee on customer or employee oN parking or based on the number of parking spaces within the ' Shopping Center or any other similar fee or charge, then the Owners CO by mutual agreement shall use their best efforts to institute a ~ N uniform fee collection parking system for the Shopping Center. N 4.5 Utility and Service Easements. The Owners 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 0 necessary for. the orderly development and operation of the Common Area and o buildings to be erected upon the Exclusive Building 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 Owner's sole cost and i expense, such utility and service lines so long as there is minimal 1 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. 4.6 Signs. Except for directional signs for guidance upon the t Common Area, no signs shall be located on the Common Area en the HC Property or the Powell Property except signs advertising businesses _7_ 175C/005:6/17/92:01516 NCVA•AOr.net I R I ____ — _ 0 0 1111 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 Center must be of a quality comparable to pylon signs typically used by national retail tenants. One sign may be located on each of Lots 2 and 3 in the locations designated on the attached Site Plan, as the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located. The Owner of the HC Property shall be responsible for the cost and maintenance of any sign on the HC Property. Lots 1, 4 and 6 may each have a sign in the locations designated on the Site Plan attached as Exhibit B, as 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 and 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 BC. 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 3). 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 •1 O maintenance for such sign on Lot 7. Powell shall pay one-third of N the construction cost and maintenance of such sign. A party's 04 share of the construction cost for the sign shall not be due, and Q such party's obligation to pay maintenance costs for the sign shall t9 not commence until that party actually uses the allocated space on Cthe sign. 04 Except for HC'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 Shopping Center, except with the consent of the Owner of such other lot, which consent may be withheld in such Owner's sole discretion. 0 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 Ii placement of shopping carts and for the display of merchandise being sold from the building on such property and for the sale of / l food and nonalcoholic beverages from outdoor vending carts, -8- 1756/005;6/17/02:O'J516 NO/1149r.ne l 0 0 IIII 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 have the right to conduct occasional sales or may sell Christmas trees within the Common Area located upon such Owner's parcel, provided that such activities shall not be conducted within fifty (50) feet of the property line of any property owned by any j Owner without the consent of such Owner, which consent may be withheld in such Owner's sole discretion, and such activities shall I not interfere with the ingress and egress and traffic flow/drive A ! areas of the Common Area as the same may change from time to time. ARTICLE 5 - COMMON AREA DEVELOPMENT ., 5.1 Development Timing. 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. • ARTICLE 6 - COMMON AREA MAINTENANCE 6.1 Maintenance Standards. Following completion of the Common Area improvements on an Owner's property, that Owner, at its pole 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, 04 the maintenance shall include the following: • t• (i) Maintaining and repairing the surfaces in a level, smooth �, N and evenly covered condition with the type of surfacing `, 6 material and striping originally installed or such r C1 substitute therefor as shall in all respects be equal in . CJ quality, use and durability; O l ' el (ii) 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; o W (iv) Operating, keeping in repair and replacing when o necessary, such artificial lighting facilities as shall '7 be reasonably required; (v) Maintaining any perimeter walls in a good condition and state cf repair; and (vi) Maintaining all landscaped areas and making such ;' replacement of shrubs and other landscaping as is l (� y necessary. f -9- 175G/OO5:6/17/92:01.516 K:11.1•Apr.nc 0 0 1111 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 is to be allocated among the Owners based on their mutual agreement. ARTICLE 7 - INDEMNIFICATION, INSURANCE 7.1 Owner's Indemnification. Each Owner ("Indemnifying Owner") hereby agrees to defend, indemnify and hold harmless the 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, contractors 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 N the extent the Indemnifying Owner is liable with another person or G entity for any demand, claim, cause of action or judgment, the 0. foregoing indemnity shall only apply to tha Indemnifying Owner's J portion thereof. CI 7.2 Insurance. Each Owner shall obtain and maintain comprehensive '= I general liability insurance during the term of this Agreement. The limits of liability of such insurance shall be not less than Two Million Dollars ($2,000,000.00) combined single limit coverage for 1.7I injury to person, loss of life and damage to property arising out of any single occurrence. The dollar limit sot forth above shall 1 be increased on the commencement of the sixth (6th) year after the date of this Agreement and at five (5) year intervals thereafter by agreement of the Owners who shall mutually agree by using o 1 commercially reasonable limits with reference to the limits of insurance for similar shopping centers in King County, Washington. W I HC may self insure for its obligations under this Section 7.2 o provided that it maintains a net worth of at least $75,000,000 at 'n . all times during such self-insurance and provides any other Owner • I 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 1 a certificate of insurance evidencing such insurance. All Owners shall name each other as additional insureds on their respective �'+' policies (including during any period of construction) and shall ( obtain contractual liability insurance for their indemnification -10- 174/005:6/17/92:06616 NCVA-Apr.ncl 0 0 11111 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. ARTICLE 8 - REALTY TAXES AND A88ESOXENT8 8.1 Real Estate Taxes and Assessments. It is intended that all real estate taxes and assessments relating to any portion of the Shopping Center or improvements thereon, or the ownership thereof, shall be paid prior to delinquency by the respective Owners thereof, including without limitation those taxes and assessments which are 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 assessments 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 reimburse such other Owner for all such taxes and/or assessments, interest, penalties, and cost 01 and other charges and until such reimbursement has been made the 0 amount thereof shall constitute a lien and charge on the defaulting i Owner's parcel, subject and subordinate, however, to any bona fide N mortgage oe deed of trust made in good faith and for value then S e0 outstanding against said parcel. If allowed by the assessing o V/ agency, assessments may be paid in installments for the longest ", CDperiod permitted so long as no delinquency occurs. (s2 e. ARTICLE 9 - EMINENT DOMAIN 9.1 Owner's Right to Award. Nothing herein shall be construed to give any Owner any interest in any award or payments made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's parcel or construed to give the public or any government any rights in the c Shopping Center. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Area, the award taA attributable to the land and improvements of such portion of the G Common Area shall 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 Collateral Claims. All other Owners of the Common Area may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area 11 and improvements taken from another Owner. -13- 175</005:6/1)/92:0Y516 MCwA-Agr.ncl 0 0 — I 9.3 Esistoration of Common Areas. The Owner of the lee of each portion of the Common Area so condemned shall promptly repair and restore the remaining portion of the Common Area owned by it as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer without contribution from any other Owner. ARTICLE 10 - CANCELLATION, MODIFICATION, DURATION 10.1 Cancellation 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 of 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 other reasonable grounds for withholding consent, an Owner may withhold consent based on material adverse financial impacts to en Owner's parcel in the Shopping Center as a result of the requested modification. 10.2 puratior,. Unless otherwise cancelled and terminated 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 N Owners agree otherwise; however, all the easements granted in this Agreement shall continuo in perpetuity. N (N4 ARTICLE 11 - RELEABE FROM LIABILITY t.1CZ ) C' 11.1 Release from Liability. Any person or entity acquiring fee or "+ Ca leasehold title to any portion of the Shopping Center shall be M bound by this Agreement only as to the parcel or portion thereof Cacquired by such person or entity. Such person or entity shall be J � 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 which occur during said period. Although persons or entitles may be released under this section, the easements, covenants and restrictions in this Agreement shall continue to be benefits and burdens upon the shopping Center running with the land. W � ARTICLE 12 - DEFAULT 12.1 Default. In the event of default or threatened default under this Agreement, only the Owners shall be entitled to institute proceedings for full and adequate relief from the consequences of said default. 12.2 Remedies for Default. If the Owner of any parcel, during the term of this Agreement defaults in the full, faithful and punctual. 1 -12- 17S4/005:6/17/92:U1h16 MNA•A9r.ne1 ) I — — _- .. n I 0 0 1111/ performance of any obligation required hereunder and if upon the expiration of thirty (30) days 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 ' 1 perform such obligation of this Agreement on behalf of such defaulting Owner and to be reimbursed by such defaulting Owner • 'i within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (18%) per annum on the i maximum rate allowed by law. Any such claim for reimbursement, j 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 i of the county in which the Shopping Center is located. The claim of lien shall include the following: (i) the name of the claimant; I (ii) a statement concerning the basis of the claim of the lien; I (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 i 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, book 04 O and page of the recordation hereof. The claim of lien shall be N duly verified, acknowledged and contain a certificate that a copy 04 thereof has been served upon the Owner against whom the lien is O claimed, either by personal service or by mailing to the defaulting (rj Owner as provided in Article 13. The lien so claimed shall attach CD from the date of recordation solely in the amount claimed thereby 'r O and it may be enforced by suit, or under power of sale (which power 02 is hereby granted) , judicial foreclosure or in any other manner Cr% allowed by law for the foreclosure of liens. A Performing owner is i 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 of the State of washington applicable to the exercise of powers of sale in or o foreclosures of mortgages and deeds of trust. If appropriate, a 1- , Performing Owner is hereby appointed the trustee for purposes of exercising such power of sale, with full right of substitution. o ' Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter 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 grantee 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 i -13- 175</0:5.6/17/G2:.6/516 kNA•AOr.net 0 0 the provisions of this Agreement. The failure of the Owner or owners cf any of the parcels subject to this Agreement 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 construed as a waiver or relinquishment for the future breach of the provisions hereof. ' 1 12.3 Attorneys' Fees. In the event that suit is brought for the enforcement of this Agreement or as a result of any alleged default 1 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. 12.4 governing Law. This Agreement shall be governed and enforced by, and construed in accordance with the laws of the State of Washington. t ARTICLE 13 - I*OTICE8 t 13.1 Noticee. 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: ,_ f4 If to Powell: Powell-Orillia Associates �� G 737 Market Street il N Kirkland, WA 98033 J 1 `� ^' Attn: Peter W. Powell '.'.' 01 With a copy to: Robert C. MacAulay • : CD Alston, Courtnage, MacAulay & Proctor ,,, O 1000 Second Ave., Ste. 3900 r, f4 Seattle, WA 98104 1 =1 If to NC: c/o Waban Inc. 1 140 Orangefair Mall, Suite 100 I' Fullerton, CA 92632 Attn: Vice President, Real Estate 1 '" t o With a copy to: c/o Waban Inc. W One Mercer Road I o o Natick, MA 01760 •,, j Attn: Executive Vice President, Finance { I - I 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 (3) days after deposited in the 1 U.S. mail. t -14- l' 1754/005:6/17/92:01/516 11:YA•Av.ro1 0 0 Mil The foregoing addresses may be changed by written notice given pursuant to the provisions of this Section. ARTICLE 14 - LENDER PROTECTION • 14.1 Lender Protection. This Agreement and the rights, privileges, covenants, agreements 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 i 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 other . 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 dead of trust) who acquires title to any parcel or any portion thereof by foreclosure, ` trustee's sale, deed in lieu of foreclosure or otherwise. ARTICLE 15 - GENERAL PROVISIONS 15.1 No 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. F 04 15.2 Funning of Benefits and Servitudes. Rights of Successors. The . O easements, restrictions, benefits, and obligations hereunder shall ti. create mutual benefits and burdens upon all the parcels of the • f1 04 Shopping Center running with the land. This Agreement shall bind 1 O and inure to the benefit of the parties hereto, their respective CI heirs, personal representatives, tenants, successors, and/or Cassigns. The singular number includes the plural and any gender N includes all other genders. ' 15.3 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Common Area 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 Agreement shall be strictly limited to and for the o 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 than any use expressly o• . allowed by a written or recorded map, agreement, deed or ^ II dedication) is by permission, and subject to the control of the Owners. Notwithstanding any other provisions herein to the contrary, the Owners by mutual agreement may periodically restrict ingress and egress from the Common Area in order to prevent a prescriptive easement from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the /I y, minimum period necessary to prevent the creation of a prescriptive -15- 17514005:6/17/72:OW5le MNA•Agr.net 1 0 ... 0 1111 easement and shall occur at such a time as to have a minimum effect on the operation of the Shopping Center. I 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 agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be • 1 founded. it is further agreed that, once this document is fully executed and delivered, it contains the entire agreement between '. the parties hereto and that, in executing it, the parties do not • rely upon any statement, 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 for this document. 15.5 No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement 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 ,_ , N agreement or approval. .i C 15.7 I0t�. Powell intends to develop Lots 1 and 7 in the future, ;; . N although there are no current plans for such development. Other p than the terms of this Agreement, no Owner may place any '•' C7 restrictions on the development of Lot 7. Powell agrees to not ti ; t0 commence the processing of any governmental entitlements for i O construction on Lot 1 until the earlier of (a) that date upon which 04 HC has commenced construction of improvements on Lots 2 and 7; or (b) that date which is two (2) years from the date of this j; • I, 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 - j Owner of Lot 2, which approval will not be unreasonably withheld or e } 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 O 1 amenities to obtain approval for development on Lot 1. HC agrees 1 ''. 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 i which are directly opposite the south border of Lot 1, as designated on the attached Site Plan and as the same may change from time to time, all such work at Powell's sole cost and expense. 11 15.8 Counterparts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document. -16- i 1754/OOS:017/9I:D016 MCLA•Apr.nel 1 O O IIII Only the original counterpart signature and notary pages need be recorded with one copy of this Agreement. 15.9 ho 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 governmental approval for develop- sent of the HC Property, the Owner of Lot 7 must provide and agrees I'; to provide to the City of Renton one or more easements for wetlands f' preservation of approximately 65 feet in width, or such greater i;• area as required by the City of Renton for the development of the 1 HC Property as such development is currently approved by the City �$ of Renton. Powell understands that the legal description for the i wetlands preservation easement is as currently set forth in attached Exhibit F. Such easement will be recorded separately. c. r All costs associated with the maintenance of the wetlands s• preservation area on Lot 7, except real property taxes, shall be V. paid by Lots 2 and 3. The wetlands easement area shall be .- maintained to a standard designated by HC. N 15.11 lot 7. Powell, as Owner of Lot 7, hereby conveys and Q quitclaims to the other Owners in the Shopping Center for the r, benefit of the Shopping Center a perpetual, non-exclusive easement ;,, N for ingress and egress, and access over and across that portion of O Lot 7 legally described in attached Exhibit E ("Driveway Easement . f7 Property") . The costs to maintain the Driveway Easement Property `' Oshall be shared prorata by all the property in the Shopping Center, CD provided that no lot is obligated to contribute to maintenance '- costs for the Driveway Easement Area until construction commences ;; 005 on such lot, and then only for such lot's prorata share of mainte- nance costs thereafter. The prorata share shall be the percentage :i 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 30,000, and Lot 1, for which the lot square footage shall be determined based ,1 o on the buildable area of the lot, excluding property dedicated to ., I- wetlands preservation and similar to the method used by Powell to I determine the buildable area for Lot 7. The following square I` footages for lot size shall be used for purposes of this Section " 15.10: Lot Square P Lot Footage Lot 2 445,313 Lot 3 586,31211 Lot 4 35,000 !' � Lot 6 35,000 Lot 7 30,000 -17- 1754/005:6/17/92:DU516 RCUA.Apnnet I 0 11111 •L HC shall maintain the Driveway Easement Area to a standard as ,.• I. designated by HC in its reasonable discretion. If an Owner 1. obligated to pay a prorate share of such maintenance costa fails to do so within ten (10) business days of written demand therefor i accompanied by substantiating invoices, 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. ' POWELL-ORILLIA ASSOCIATES, a HCWA REALTY CORP., a Washington ,.. Washi ton ene71 part ership :: 0tbon rpra B f. to . Powell G e Partner Its i? 1' t1 By By — it. . Peter W. Powell I ; General Partner Its ;'i! EXHIBITS r: nt A - Legal Description of HC Property O B - Site Plan W C - Legal Description of Powell Property s 04 D - Utility Plan r`.i ' E - Driveway Easement Area .., F - Wetlands Preservation Easement Area i= G • .i C) , I- I if I7 r w , a i` -18- 1754/DC5:6/17/92:DV516 HCUA•Apr.nel 0 0 IIIII / i; . . STATE OF WASHIt1GTON ) ) 55. COUNTY OF � ) On this 2.3n( day of 6 , 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Lloyd W. Powell and Peter W. Powell, to me known to be the general partners of POWELL—ORILLIA ASSOCIATES, the partnership named in and which oxocuted the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I 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 document. 1 WITNESS my hand and official seal the day and year in this certificate above written. t h ,,��,,,,,,,,�� NOTARY PUBLIC in and for e S to of �� 0'W/fsl MyWascomm ssionon, eexpiresa��/ r FK1 F. fl CD 0 VI lll' i. J /ryryi N 1 c. J.c 1 ,! C ` f• I O I r —19- 1754/005:6/17/72:DV516 MA-Ayr.nai a to 1111 • ( 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 prorate share of such maintenance coats fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, 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 • I provided in Section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a HCWA • :LTY CO". , a Washington Washington general partnership corpor/ n By By / • Lloyd W. Powell Pre.siden-f'General Partner s By Peter W. Powell General Partner Its ST,HIBITO It A - Legal Description of HC Property ~ B - Site Plan C - Legal Description of Powell Property D - Utility Plan ;i ii [. E - Driveway Easement Area 11 04 F - Wetlands Preservation Easement Area �a co a O �• N ;� J . T f • w1 � 0 c t frCG1 11 -18- 1754/005:6/17/92:CV516 MCW-Apr.ro1 o 0 IIIII 1: . . STATE OF Ni4St4 eP&N ) ss. COUNTY OF O✓s1nr`C ) On this 23'°4 day of .wn<. , 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John F. Levy ...4 to me known to be the r�r C eY-1- and -respeehfval&, of HCWA REALTY CORP., the corporation named in and I 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 purposes therein mentioned. I 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 document. WITNESS my hand and official seal the day and year in this r certificate above written. I1 �. 1 NOT PUBLIC in and for the State of `�v-y--��^h*:✓ .Wae44figten-, residing at ' ' -I.-,(j I. My commission expires: 9-10';5' . ,, j: g u N. w I; ) J r•4 OFRC IAL NOT AAY SEAL 1 ', r:�• UNpAIWI�EN R 11 ' gL N4arYPttic—C t3flI .,r ✓ OR.WGE COU HTY h 1` r) i . Q My C'.'w Evers SEP 10,1908 ,f { cc --- I{ C' 6 0 w . 0 = r I —zo- 1754/005:6/17/92:oV616 NOS-A;r.nol • 0 • • 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 prorate share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, 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. POWELL-ORILLIA ASSOCIATES, a HCWA REALTY CORP., a Washington Washington general partnership corporation • By By Lloyd W. Powell •• General Partner Its Proadsid By By.� Peter W. Powell General Partner Its VilmilleamtimdTmemm.. LKfIBIT8 A - Legal Description of HC Property B - Site Plan C - Legal Description of Powell Property N D - Utility Plan ' • L', E - Driveway Easement Area F - Wetlands Preservation Easement Area • N C, 04 12 C I O ' n ! C i 11 -18- 1754/005:6/17/92:DH516 MCUA.W.1141 • • PR , Srri OF WA&NING?ON ) f se. F COUNTY OFk� 4-c-K ) On this �-ri1 day of , 1992, before me, a Notary Public in and for the State Wa¢hington, duly commissioned and ) sworn, personally appea ed O ` mafi to me known to be the , respectively, of HCWA REALTY CORP., the corporation named in and 1 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 purposes therein mentioned. 1 I 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 document. ,l t WITNESS my hand and official seal the day and year in this a certificate above written. h l: • NOTAHY&PUBLIC in and r the Stato of 1` residing at 13 T•ly—citinuciiidlon expires: . g ~• . MARY T.SLATTERY 1 l • Notary Public i' My Commhalon Expires March 12,1993 h O N 4 c, r ,- N R • :� M I I isCD O • `; (N2 0) of W 7 rn . 4 I .1 1 Ij -20- 1 • 1n4/005:6/17/92:0V516 HCYA•Apr.r,,1 1 • • 1 0 q EXIIIBIT "A" LOTS 2 and 3, BURLINGTON NORTHERN, A BINDING SITE PLAN, ACCORDING TO CITY OP RENTON BINDING SITE PLAN RECORDED JUNE 1)-r 1992, IN VOLUME /6 OP PLATS, PACES --1/ , AS RING COUNTY RECORDING NO. jv rrL N `) O to CstiN O 1` • • 0 Cr) _ • • 0 1 ' w C. o ' 1:i • ..._. _... t• ... . ..tt,•••••• , - S W 34TH STREET ------- ---------,i- , I i • : ...\,• t • II. / . : .0,, I, • , <t-.1? 1...•19.I Efttiliert 7.)/ kut , _I , ..c • . , ( ; , , - • - iir _ , - , I , .1.‘ . . - .- .,1 . .... sti.uln, , _ • , ..ri ••• • 1 Y - ' true°.L200.0 0 MX I I :,. — IlL inglAlaia...: Nigl...1=11 4 1 < I 1 . , 1 .7::::::.11.7- "" ni:It R1444 4•J:. 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W ! i I 11Fii -VW- firiVit •., ____/ r- s ilth.d#TANke 14 Ailthdifithdrithifthe ' --;,,,....,;, .....___....:•r- k;,;;;; ; .. -...-.,--- -"---- -- l'i• . ; — I --, Ar . tifi 0 • ust vAllEY 10MAY WI 1 1 > J-s' r TURNER tIc ASSOCIATIES PACE WEASERSKUP WAREO-COUS '1'53 E ' Ul i ...x.ft:Ti A..t.kr,.ece Sono.VA INC, C91v:IVI. gDirCI. WATHOICN 46171.111r.;;;;Ek.7 •-v— ,b-76...3.1....l...M...___. - 0 0 • BUSH. ROED&HITCHINGS.INC. EXHIBIT E ACCESS EASEMENT DESCRIPTION • THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME /[/ OF BINDING • SITE PLANS, PAGES THROUGH __, RECORDS OF KING COUNTY, 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 O1°50'09" EAST 18.00 FEET ALONG THE EAST LINE THEREOF TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 120.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH • 00°54'35" WEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: • THENCE WESTERLY AND NORTHWESTERLY 109.33 FEET ALONG SAID CURVE !' THROUGH A CENTRAL ANGLE OF 52°12'09"; THENCE NORTH 36°53'17" WEST 173.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY AND WESTERLY 83.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°49t13" 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. • iJ 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 BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID (N) BEGINNING BEARS SOUTH 83°06'18" EAST); THENCE NORTHERLY 25.85 0 FEET ALONG SAID CURVE AND WESTERLY LINE AS SHOWN ON SURVEY 0. RECORDED IN VOLUME 80 OF SURVEYS PAGE 156, RECORDS OF SAID KING CV COUNTY, THROUGH A CENTRAL ANGLE OF 00°43'29"; THENCE SOUTH O 83°49'47" EAST 8.80 FEET ALONG A LINE RADIAL TO THE PRECEDING 52 CURVE TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE o CD NORTHEAST HAVING A RADIUS OF 35.00 FEET (A RADIAL LINE THROUGH ~ I SAID BEGINNING BEARS NORTH 82°50'29" WEST); THENCE SOUTHERLY AND o SOUTHEASTERLY 43.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE I! OF 70°39'02" TO SAID NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND A POINT OF CUSP WIT)! A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS GF 135.00 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS NORTH 26°30'29" EAST); THENCE WESTERLY 32.76 FEET ALONG SAID CURVE AND NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 13°54'21" TO THE POINT OF BEGINNING; 11 1/2 0 BUSH, ROED&HITCHINGS, INC. ALSO TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOL- LOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING 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" EAST); THENCE EASTERLY AND SOUTH- EASTERLY 71.4E FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 38°59'37" 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 THROUGH SAID POINT OF CUSP BEARS NORTH 53°06'43" EAST); • THENCE NORTHWESTERLY, WESTERLY, SOUTHWESTERLY AND SOUTHERLY 80.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°16'32" TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE OF LOT 7 WHICH BEARS SOUTH 80°46'54" EAST; THENCE NORTH 80°46'54" WEST 3.60 FEET TO SAID WESTERLY LINE OF LOT 7 AND THE BEGINNING • OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET; THENCE NORTHERLY 52.70 FEET ALONG SAID CURVE AND WESTERLY LINE 0 F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 • OF SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF O1°28'39" TO THE • POINT OF BEGINNING. GTHE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTH- [. ENED SO AS TO TERMINATE IN SAID EAST LINE AND SAID WESTERLY LINE 0 OF LOT 7. VI SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON ~ CCD THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0.28 ACRES), MORE OR LESS. J POWELL DEVELOPMENT "`-`••• BURLINGTON NORTHERN BSP �\pAA•11/G, S WILLIAM A. HICKOX, P.L.S. $ ,�v 0eviAs FO BRH JOB NO. 91407.08/SUR54B ' t. � JUNE 23, 1992 , REVISED JUNE 26, 1992 6 o �,,, -z6-9z 0'V4j .• E1PRE5 Ai • ",'S�. L 2/2 11 • acT 0 111 • BUSH, ROEO&HITCHINGS, INC. EXHIBIT F SOUTH WETLAND DESCRIPTION ff THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THREOF RECORDED IN VOLUME ,�! OF BINDING SITE PLANS, PAGES // , RECORDS OF KING COUNTY, WASHINGTON, j 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°09'51" WEST 75.00 FEET; THENCE SOUTH O1'50'09' WEST 383.62 FEET; THENCE SOUTH 55026'54" EAST 3.99 FEET TO SAID EAST LINE OF LOT 7; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO COURSES: THENCE NORTH 28'33'51" EAST 159.29; THENCE NORTH 01°50'09" EAST 243.51 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. F.ICKOX, P.L.S. CD �7F1A.y7 JUNE 2, 1992 {e � 6¢ 1 91407.08/SUR54B ,��/04 wtitN�ti O� CI C� i M iii cZ 3 Y• O ?•oil. zti b.3• r • , ` F7nP°3 3II7!: 1 0 • • 1 ..-..,:;•% ... 4—..- N ... .. ....,.., i • .. • .,....,.....;..ii ,....: • ...• IQ •`.1 1' ....:''. ,i. (..i....,..i• ,.. .!...: i 1... • ••••......• - ..,..) / . . P 0 .r.; B NoScale N ...-,0*••11' 7500, ..."N 0 :,.. . N 1:1 . . !! 0 C z... ...i i ,7.$ cAD ,4) 4-4 176 o gi(4 ci, k 4 s? 4) h 0,41 ! 5 553•9269•'$ 4'5---N, ;) trle...3.....)• t "4 I '...' ; ., i! . • . I • I i.2/ I ,A 1 SOUTH WETLAND SKETCH .- ..- ,e 1 POWELL DEVELOPMENT ..., . 0 • BURLINGTON NORTHERN BINDING SITE PLAN "". /AT •f,AA. °N e,.‘,/,3740 fi CL.r, • 1 1 • ,'.:,:•.k 9711.f- /'i 6.1/-iil 0.;\ _ i4737 ./?... 2 SEAL Iv BUSH,ROED&HITCHINGS,INC. CIVIL ENGINEERS 8.LAND SURVEYORS‹ij.'Ye-C/C-IT.1,. ? •R-4... • SEATTLE.WASHINGTON 3 n 4 14 4 IQ VA./.I:1%4'4D C' - It. 7989 (., J043 NO.91407 Ge 6-B-92 CLC WAN [ cxr,gEs 3/17,14-• 'is. • 7.277 .. .. a , I BUSH, ROED&HITCHINGS, INC. EXHIBIT F NORTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME /4/ OF BINDING SITE PLANS, PAGES , 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 88.09'51" WEST 70.00 FEET; THENCE NORTH O1.50'09" EAST 472.81 FEET TO THE NORTH LINE OF SAID LOT 7; THENCE SOUTH 87.50'47" EAST 70.00 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH O1°50'09" WEST • 472.42 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. • SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 33,083 SQUARE FEET (0.76 ACRES) , MORE OR LESS. POWELL DEVELOPMENT p BURLINGTON NORTHERN BSP r. WILLIAM A. HICKOX, P.L.S. `NIA A. JUKE 2, 1992 `r' s>,--77i1 "O� 91407.06/SUR54B uo c r.7 � CO jo4.� �iam �` .;v,1L1D J 1 EV'NEi L17I�.- �� r O ' O ,n I 1= . 0 .. . . . 5 87•50'47.E-. MOO' ... ••., • i , .,.-, ..: ,c,:i's-• O• 1 1%41 . .. IQ li :LI 11) IQ •..-1 .)1 ,i ?.....C.:Y:r .- • `.:' :. • • 1 t..Y1 t's I 0 k 1 ' No 5 coie ..-''.•l.) : 6 Cs,2 1,70001.!. N 88'09'5/"W , 0 A'80'09'51'W 1". . I ,....I ,...., . ! .co © cv I .‘1,..1,..- . ...- .. ' ........,::'..;•::... I, I 62. . 1 • . .. I ‘•••1.•••I : i . . / .• N I .....N: . // . ......< / % ( ••••• /40• / ....) i ,-...: ..1c,.:i......-....., ;.•:! • , ,.. 1 1144!";1/ NORTH WETLAND SKETCH ... o POWELL DEVELOPMENT 1-- I BLRLINGTON NORTHERN BINDING SITE PLAN g 1 NI A•/pc. i •t 97A-iii''•40 . itai;.-F 0 4-42.-92. . • tourcif/4,- . ' •./4.4' e'oport c:r PREPARED BY: • 44 1., ,::: vi, 6e ce• 0' 11,.ti 0.•• .17:17 ....4 • C.) On 51 BUSH,ROED&HITCHINGS,INC. . . ...*::'.q.. "Pects-itikev_../44• CIVIL ENGINEERS A LAND SURVEYORS 1 I I i .la%I LI;;14 u 5'''. ..12 • • !....98.9. , tEArnc,WASHING TON jj)4111 T.S. \ J00 NO.91407.06 6-8.92 CLC WAH I, E,,,,,,cs ,,,,„;14._ •4-1 , • . ip\ Ar, • . .. i 1SHING'C.‘j r— ... ... • • FIRS? AMENDMENT TO RECIPROCAL RUMEN? AREzX 8 8 This Amendment is made and entered into by and among HCWA Realty Corp., a Washington corporation • • (/ Orillia Associates, a Washington ( er ). Powell- Eastgate Theatre, Inc., an Oregon corporation ("Zasp ("e"), ") , Peter W. Powell ("p. Powell") and Lloyd W. Powell as P ), " ("1" Powell") . RECITALa HC and Powell previously have entered into a Reciprocal g Easement Agreement with Covenants, Conditions and Restrictions dated June 30, 1992, and recorded in the Official Records of Ring County, Washington, under Fee No. 9206302702 (the "Agreement") . A Powell subsequently conveyed Lot 1 (defined in the Agreement) to P. Powell and L. Powell who own Lot 1 as equal tenants in common. Contemporaneously with th, execution of this Amendment, Eastgate is acquiring Lot 3 (defined in the Agreement as modified 8 by the lot line adjustment mentioned below) from HC. In conjunction with that acquisition, the parties hereto (singly, an 9Wner , and collectively, the "Owners") desire to clarify and restate certain provisions of the Agreement. Amman Therefore, in consideration of the premises and other Ialuable consideration, the sufficiency of which is hereby mcknowledged, the Owners agree as follows (unless otherwise indicated, all capitalized terms used herein shall have the same meanings as are attributed to them in the Agreement) : 1. Each of the Owners warrants and represents to the other Owners that the warranting Owner owns fee title to the CI portion of the Shopping Center listed below and that the CI warranting Owner has not created, assumed, or acquiesced to any c, indebtedness secured by liens encumbering the portion of the 1-4 Shopping Center owned by such Owner: O OCN4 OWNER Lot L. Powell and P. Powell Lot 1 CI NC Lot 2 Eastgate Lot 3 Powell Lots 4, 6 and 7 The Owners also acknowledge and agree that the common boundary between Lot 2 and Lot 3 has been modified by Lot line adjustment reflected in Lot Line Adjustment Map recorded in the Official Records of King County, Washington, under Fee No. 9511299006. 1 - FIRST AMENDMENT TO RECIPROCAL Fun FOR R 'CORfl AT REQUEST OF EASEMENT AGREEMENT it\S?\1fRiC.1 .12rorf Ati� .\E 011; P U BOX U93 2. The third sentence of Section 2.1 of the Agreement ' is deleted and the following substituted in lieu thereof: The Owner of each Lot agrees to construct and maintain parking on its Lot to serve the improvements erected from time to time on such Lot equal to the greater of (i) the number of parking spaces required by applicable law at the time that building permits are issued for the improvements to be constructed, or (ii) the following ratio: 1L41 parking RatiQ Lots 1, 2 i 3 4.1 stalls for each 1,000 square feet of Floor Area Lots 4, 6 & 7 5.0 stalls for each 1,000 square feet of Floor Area Notwithstanding the foregoing parking requirements, if C7 any portion of Lot 3 is developed for the purpose of C) operating a cinema, then such portion of Lot 3 shall .be rl served by parking stalls equal to the greater of (x) (T, the.number of parking stalls required by applicable law O with respect to theatre use at the time that building permits are issued for the improvements to be CD constructed, or (y) one (1) parking stall for every r)� four (4) seats in the movie theatres erected on Lot 1; provided, however, that if applicable law permits less intense parking for cinema use (i.e. , one (1) parking stall is allowed to serve more than four (4) seats in a cinema) after January 1, 2006, then the parking within such portion of Lot 3 that is used for the operation of a cinema may be reduced to the level permitted by applicable law so long as such reduction in parking does not materially and adversely affect the parking within, or use of, Lots 4 and 6. 3. Section 3. 1(d) is amended by adding the following sentences thereto: Notwithstanding anything to the contrary contained herein, the Owners acknowledge and agree that Lot 3 may include development of up to three (3) outlot pads (the "Lot 3 pads") , each containing up to 6,000 square feet of Floor Area, and such Lot 3 Pads may be situated anywhere within Lot 3 as the Owner thereof may designate from time to time so long as the same do not (i) encroach upon the building setback lines created by Section 3.1(b) of the Agreement, and (ii) lie west of the north-south line dividing the portion of Lot 3 which is currently zoned 2 - FIRST AMENDMENT TO RECIPROCAL �,vLS EASEMENT AGREEMENT pww1.0.v25i1W)%•MAM.114021'1 •�•Y • I 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 coinciding with the eastern boundary of Lot 4; provided, however, that such east-vest limitation regarding the location of the Lot 3 Pads (x) shall not be applicable if Eastgate is precluded from constructing a cinema on Lot 3 and opening the same for business, and (y) shall not apply to any Pad • lying south of a line coinciding with the northerly boundary of Lot 4. The Exclusive Building Area for Lot 3 shall be deemed to include the Lot 3 Pads. One of the Lot 3 Pads currently is expected to be developed in the portion of Lot 3 that lies near the intersection of Southwest 41st Street and East Valley Highway (the "5vuth Pacj") . If a cinema is erected on Lot 3 by Eastgate and opened for business, then Eastgate agrees, solely for the benefit of the Owner of Lot 4, • not to erect any improvements on the South Pad prior to January 1, 1999, other than such improvements as may be necessary to use the South Pad area for parking purposes; this covenant of Eastgate is solely for the benefit of Lot 4 and may be enforced only by the Owner of Lot 4. 4. Section 4.1 of the Agreement is hereby deleted and the following substituted in lieu thereof: 4.1 Grant of Easements. Subject to the O provisions of Section 15.13, each Owner, as grantor, hereby grants to the other Owners, for the benefit of said other Owners and their respective tenants and such Owners' and tenants' customers, invitees and employees, a nonexclusive easement to use, for the purposes of obtaining access to and from the Shopping Center, the roadways and walkways situated in the Common Area and any facilities which may be erected in the Common Area for the general use of customers of the Shopping Center (such as mass transit shelters) , all as ..,ore particularly located and described on the attached Site Plan, as the same may change from time to time. The foregoing grants of easements are not . effective as to any Lot which is part of the Shopping Center until construction is commenced on such Lot. 3 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Sw ai w25,103396.MA r4 e34,:r:7 I• - The effect of this amendment of Section 4.1 is to eliminate the cross-parking easements formerly contained therein which created cross-parking easements among all Lots in the Shopping Center. The Owners acknowledge and agree that the parking areas contained within their respective Lots shall be sufficient to service all parking needs of the improvements to be constructed therein and that they do not require parking easements over the Lots of the other Owners. To give effect to the foregoing, each Owner hereby quitclaims to the other Owners the parking easements which were created by Section 4.1 of the Agreement. Each Owner agrees to execute such additional documents and to give such further assurances as may be necessary to properly document the agreements of the Owners set forth herein from time to time. The Owners agree to use their reasonable efforts to prevent their respective tenants and customers, and the customers of their respective tenants, from using the parking facilities serving another Lot. 5. The second and third sentences of Section 4.3(b) of the Agreement are deleted and the following substituted in lieu thereof: Eastgate agrees that Powell may temporarily use a portion of Lot 3 situated to the east 0) of Lot 4 (out of and a part of the area C') cross-hatched and designated as the "Powell Staging Area" on the Site Plan attached as OC Exhibit B to the Agreement) during the O initial construction of the building on Lot 4 C4 and the building on Lot 6, provided that: CD (i) Eastgate has not constructed or commenced the construction of building improvements on the Lot 3 Pad situated in the Powell Staging Area at the time that Powell requests use of the Powell Staging Area for the purposes permitted herein; (ii) the other Lot (Lot 4 or 6, as the case may be) previously has been developed to the end that it is not available to serve as a staging area (each of Lots 4 and 6 to serve as staging areas for the other Lot until they are developed) ; (iii) the portion of the Powell Staging Area to be used is no more than 10,000 square feet in size and is bounded on the west, south and east by the west, south and east boundaries of the Powell Staging Area; (iv) Powell obtains all permits required to be obtained from applicable governmental authorities to allow it to use the designated staging area; and (v) Powell holds Eastgate harmless from all claims, causes of action and liabilities which may be asserted against Eastgate by reason of Powell's use of the staging area. 4 - FIRST AMENDMENT TO RECIPROCAL • EASEMENT AGREEMENT WY:5.IUJ39%FUM O 4J' ) 3�w \�l. I v..w. p 6. The fourth paragraph of section 4 .6 is deleted and the following 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 equal blocks, one on top of the other. Any of the Owners of Lots 2, 3 or 7 initially may elect to construct such sign at the sole expense of the Owner electing to initiate such construction. The Owners who do not undertake the initial construction of such sign (Powell, HC or Eastgate, as the case may be) shall be entitled to use one of the sign blocks to advertise their respective businesses by reimbursing the constructing Owner for one-third of the cost of construction of the sign. The constructing Owner shall have sole ^ontrol and use of each sign block until such time as an Owner • entitled to use a sign block elects to contribute its one-third share of construction costs and use the sign block allocated to it. If HC elects to participate in the use of such sign, HC shall be entitled to use the top block of such sign to advertise its business on Lot 2; if Eastgate elects to participate in the use of such r.1 sign, then Eastgate shall be entitled to use (7C the middle block to advertise its business on G Lot 3; and if Powell elects to participate in CD the use of the sign, then Powell shall be :D entitled to use the bottom block of the sign CI to advertise its businesses on Lot 7. The Owners participating in the use of the sign shall be obligated to share in the cost of maintaining the sign in proportion to the number of sign blocks utilized by them. An Owner shall have no obligation to pay any construction or maintenance costs wi _a respect to such sign unless and until such Owner elects to use the space on the sign allocated to it. No businesses may be advertised on such sign other than the businesses conducted on Lots 2, 3 and 7. 7. Section 13.1 is amended by changing HC's address to: HomeBase, 3345 Michelson, Irvine, California 92715, Attn: Vice President Real Estate; and adding thereto Eastgate's address: 919 SW Taylor, Suite 900, Portland, Oregon 97205. S. Section 15.10 of the Agreement is deleted and the following substituted in lieu thereof: 5 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT .sW\ '00925 1u3)96.MAM.6 --r •;�._ Ift 15.10 Wetlands. (a) Easement Grants. Subject to the reservation set forth in Section 15.10(bl , Powell hereby grants to HC a perpetual easement appurtenant to Lot 2 (the "BC Easement") over and across the portion of Lot 7 described in Exhibit "A" attached hereto. Subject to the reservation set forth in section 15.10(b) , Powell also grants and conveys to Eastgate a perpetual easement appurtenant to Lot 3 (the "Eastaata Easement") over and across the portion of Lot 7 described in Exhibit "B" attached hereto. Subject to the reservation set forth in Section 15.10(bl, Eastgate hereby grants to Powell a perpetual easement appurtenant to Lots 4 and 6 (the "Powell Easement") over and • across the portion of Lot 3 described in Exhibit "C" attached hereto. The HC, Eastgate and Powell Easements (the "Easements") may be used by the Owners of the Lots benefitted thereby (Lots 2, 3, 4 and 6, • respectively) to provide wetlands mitigation, CI storm drainage and storm water retention to C') serve Lots 2, 3, 4 and 6, respectively, in CO compliance with the requirements of the City of Renton and any other governmental CD authorities with jurisdiction over the • development and use of Lots 2, 3, 4 and 6. O The improvements which have been erected or may be erected by such grantees in, on and C) under the land encumbered by the Easements (the "Easement Areas") may include (without limitation) bioswales, retention ponds, filtration systems, storm sewers, storm drains, and similar facilities. The HC Easement shall be appurtenant to and for the benefit of Lot 2 and shall run with title to Lot 2, regardless of whether any subsequent instruments of conveyance covering Lot 2 specifically identify the HC Easement therein. The Eastgate Easement shall be appurtenant to and for the benefit of Lot 3 and shall run with title to Lot 3, regardless of whether any instrument of conveyance • covering Lot 3 specifically identifies the Eastgate Easement. The Powell Easement shall be appurtenant to and for the benefit of Lots 4 and 6 and shall run with title to Lots 4 and 6, regardless of whether any instrument of conveyance covering Lot 4 or Lot 6 specifically identifies the Powell Easement. The respective grantees of the Easements (the "Grantees") shall be responsible for maintaining any drainage, 6 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (wW I Q))9v MA M634Q777) • . . . .. r retention and other wetlands facilities • constructed thereon to the standards designated by the City of Renton. The grantors of the Easements (the "grantors") may not undertake any use of the Easement Areas which would inhibit or interfere with the uses permitted to be undertaken thereon by the Grantees. The Grantors and subsequent owners of fee title to the land encumbered by the Easements shall be and remain liable for payment of all real property taxes levied against the land encumbered by the Easements; provided, however, that any Owner benefitted by an Easement may pay such taxes for the account of any Grantor or its successors who fail to pay the same. Powell, HC and Eastgate agree to execute such additional documents and to give such further assurances as may be necessary to p•-operly document the ; creation of the Easements to facilitate the development of Lots 2, 3, 4 and 6 as CI Cl contemplated herein. Cl (b) easement Reservationg. Eastgate reserves the right to u'se the portion of the Easement Areas C) situated in Lot 3 in common with the Owners of Cj Lots 4 and 6 to provide wetlands mitigation, storm C drainage and storm water retention facilities to (.J serve Lot 3 and any improvements which may be C) constructed on Lot 3 from time to time. Powell reserves the right to use the Easement Areas situated in Lot 7, and the Owners of Lots 2 and 3 shall grant the Owner of Lot 7 easements over and ' across the drainage and wetlands facilities described in Exhibit "D" (the "Lot 2 Easement Area") , and Exhibit "E" (the "Lot 3 Easement Area") as hereinafter provided, all to be used in common with the Grantees to provide wetlands • mitigation, storm drainage and storm water retention facilities to serve Lot 7, provided that the following conditions and covenants are satisfied in connection therewith: (i) the proposed use of the Easement Areas situated in Lot 7 and the Lot 2 and Lot 3 Easement Areas (collectively, the "Master Easement Area") and the wetlands and drainage facilities constructed therein by Eastgate and HC, respectively (collectively, the "Drainage Facilities") must be approved by all governmental authorities having jurisdiction over the Drainage Facilities, Horton Dennis E. Associates, Inc. , or such other engineers as are engaged by the Owner of Lot 7 and approved by Eastgate and HC (the "Engineers") , and a second civil engineering :iim doing business in the 7 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ,A,..I J. Io331.IAAM6S,(f177r i '��? .t„0)c_ -t �: . . -:k.:- ram..... '�� - •�. t•.~ r.'r� ..47 : 11` ". y' •- �. Y51. ..`� ,�'r,v ..,T.'�':4s,..., s'T.Y a _ • 1 Seattle metropolitan area (the "second Enaineerg") 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 Facilities by the Owner of Lot 7 must be implemented in a fashion that will not interfere with the ongoing use and operation of the Drainage Facilities or reduce the capability of the Drainage Facilities to serve Lots 2 and 3; (iii) the Drainage Facilities to be used to serve any portion of Lot 7 situated north of the Driveway Easement Property (the Eastgate or HC Drainage Facilities, as the case may be) shall be determined by the Engineers and the Second Engineers; (iv) the Drainage Facilities will not be used to provide storm water retention and drainage services to the portion of Lot 7 situated south of the Driveway Easement Property ("South Lot 7") ; (v) no use may be made of Lot 7 which involves the manufacture, use or release of Hazardous Substances other than the operation of a gasoline service station on South Lot 7 (no (7) • gasoline service station being permitted on North. IT) Lot 7) and customary use of cleaning solvents and 17) the like in compliance with Environmental Laws (as rl used herein, the phrase "Hazardous Substances" I shall mean all hazardous, toxic, infectious or C) radioactive substances, wastes or materials listed, defined or regulated by any Environmental Law and specifically also shall include petroleum, oil and its fractions, asbestos, urea- formaldehyde, and y polychloribiphenyls; as used herein, the phrase "Environmental Law" shall mean all Federal, state and local statutes, regulations and decrees pertaining to the protection of any aspect of human health or the environment that are now or hereafter applicable to the Shopping Center) ; (vi) should any of South Lot 7 be used for the purposes of operating a gasoline station, then, in addition to complying with the requirements of applicable laws, the Owner proposing to construct such gasoline station shall require that such service station facility be operated by, or licensed by, one of the major oil companies, and shall obtain from the operator of the service station either an indemnity or insurance policy from such operator for the benefit of the Owners of Lots 2 and 3 (and subject to their advance written approval, which will not be unreasonably withheld) which protects them from loss, damage, liability or expense resulting from the operation of such service station facility and any Hazardous Substances which may be released or emanate therefrom; and (vii) the Owner of Lot 7 shall pay, in advance of its use of the applicable 8 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (Sww PCUZZS.1071911ln M.61407'71 • 4/ r (r J . N r t:�.n. • .1 ti rig.. • i l Drainage Facility, its proportionate share of the original cost of constructing the portion of the Detention Facility used for outfall purposes based on its projected use of the Detention Facility. To the extent that any of the obligations of the Owner of Lot 7 set forth in subparagraphs (i) through (vii) above contemplate continuing or ongoing performance, the Owner of Lot 7 shall be obligated to comply with such obligations so long as it uses the Easement Areas. If the Owner of Lot 7 elects to use the Drainage Facilities, then the Owner of Lot 7 also shall be obligated to construct, at its sole cost and expense, any improvements to or enlargements of the Drainage Facilities required to accommodate its use thereof. All costs of maintaining and repairing the Drainage Facilities other than repair costs resulting from the negligence of an Owner or its agents or employees (which shall be paid for solely by such Owner) shall be paid by the Owners 0) sharing the use of such Drainage Facilities in proportion to the gross number of square feet of C7 land owned by each Owner which is served by the ...� Drainage Facilities. If, as and when the conditions set forth herein are satisfied, the O Owners of Lots 2 and 3, as applicable, shall grant easements to the Owner of Lot 7 over and across the Lot 2 and 3 Easement Areas, consistent in form and substance to the grants made in Section 15.10(a) and the terms of this Section 15.10(b) . (c) Additional Provisions Regarding Lots 4 and 6. To facilitate Powell's use of the Eastgate Drainage Facilities to provide drainage services to Lots 4 and 6, the surface drainage system to be installed in Lot 3 will be designed and constructed to accommodate those drainage needs according to the design requirements of the Engineers. Powell shall arrange and pay for the design and construction of a storm water collection system to serve Lots 4 and 6 running from a catch basin situated on Lot 3 to a boundary of Lot 4 or 6, such work to be done simultaneously with the installation of a drainage system on Lot 3. No other drainage work may be undertaken on Lot 3 for the benefit of Lots 4 and 6 after completion of the initial drainage system. The bioswale and outfall components of the Eastgate Drainage Facilities shall be sized to serve Lots 4 and 6 and Powell shall pay Eastgate the incremental cost of increasing the size of such facilities to serve Lots 4 and 6 (as determined by the Engineers) as and when such work is completed. Lots 4 and 6 shall be subject to the use 9 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT wsww1.1.A13:10J194►Ux6340771 %". tip.. ? • .. .�. .. , '.ate' .i',•.. r V restrictions set forth in Section 15.10(b) (v) and (vi1 . 9. Section 15.11 of the Agreement is amended by cieletinq the square footages of each Lot shown therein for purposes of calculating proportionate shares of the maintenance costs of the Driveway Easement Area, and substituting the following in lieu thereof: LQj DOVARE POOTAG$ Lot 1 to be determined' Lot 2 486,190 Lot 3 535,094 Lot 4 35,000 Lot 6 35,000 Lot 7 30,000 w C.y 'The square footage of Lot 1 for purposes of this CI provision shall be determined in accordance with c ) the provisions of Section 15.11. •.4 O 10. The first sentence of the second paragraph of Csection 15.11 is deleted and the following substituted in lieu thereof: LID The Owner of Lot 3 shall construct a private roadway within the Driveway Easement Property in accordance with the requirements of the City of Renton. The Owner of Lot 3 shall maintain the Driveway Easement Area to a reasonable standard as designated by such Owner in its reasonable discretion, and the other Owners shall be obligated to contribute their proportionate share of maintenance costs as set forth herein. 11. The Agreement is amended by adding the following provisions thereto: 15.12. Related Agreement. Contemporaneously with the execution of this Agreement, Eastgate and HC have joined in the execution of a Declaration of Covenants, Conditions and Restrictions and Grant of Easements and Quit Claim of Certain Parking Easements which is to be filed for record in the Official Records of King County, Washington (the "Declaration") . As between the Owner of Lot 2 and the Owner of Lot 3, the terms and provisions of the Declaration shall supersede and prevail over the terms and provisiuns of this Agreement to the extent of any conflict or inconsistency between the provisions of the Declaration and the provisions of this Agreement or to the extent that any provisions of • the Declaration are more burdensome than the provisions of • 10 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT w'+:OF 2310339tALA 6340:7• . . . .. this Agreement. Lots 1, 4, 6 and 7 are not encumbered by any provision of the Declaration. 15.13 expansion of Lot 7 Building Area. The Owner of Lot 7 may develop the portion of Lot 7 lying north of the Driveway Easement Property ("North Lot 7") provided that the following covenants and conditions are satisfied: (i) if access to North Lot 7 shall be obtained via the Driveway Easement Property, then the square footage of Lot 7 to be used for purposes of calculating shares of maintenance costs under Section 15.11 shall be modified accordingly; (ii) notwithstanding anything to the contrary contained in Section 2.1 of the Agreement, all parking required by applicable law to serve any improvements constructed on North Lot 7 shall be contained wholly within North Lot 7 and shall be deemed sufficient if in compliance with applicable law; (iii) the Owner of North Lot 7 shall construct and maintain a fence or other barrier along the western boundary of the Easement Areas to prevent the customers and invitees of the Owner of North Lot 7 from crossing or entering upon C) the Master Easement Areas; (iv) in addition to the other G7 uses prohibited by the Agreement, no use may be made of C', North Lot 7 which would involve the manufacture, release, disposal or use of Hazardous Substances; (v) any development undertaken upon North Lot 7 shall be completed in compliance with all applicable laws, including (without limitation) the requirements of the Army Corps of Engineers; , .i) no improvements to be constructed on North Lot 7 shall exceed 45 feet in height; and (vii) no part of the Common Area other than the Driveway Easement Property may be used to provide access to North Lot 7 and the Owner of North Let 7 hereby quitclaims to the Owners of Lots 2 and 3 all easements created by Section 4.1 to the extent that they encumber Lots 2 and 3. The consent of the Owners of Lots 2 and 3 with respect to development of North Lot 7 set forth herein shall not constitute a waiver of any rights which those Owners may be entitled to assert with respect to future development of North Lot 7 in their capacities as the owners of adjoining property. 15.14 Exchange of Lots. Eastgate and Powell may elect to exchange the South Pad area for Lot 6. The Owners of Lots 1 and 2 hereby approve of such exchange and agree that Eastgate and Powell may enter into and consummate an agreement to that effect without the necessity of obtaining any further consent of the Owners of Lots 1 ar,J 2 with respect thereto provided that any improvements to be constructed upon the South Pad after completion of such exchange shall not exceed 22 feet in height, the building envelope on the South Pad shall be generally in the configuration shown on Exhibit "F" attached hereto and any signage erected on the South Pad shall not materially impair the visibility of the HC Building from ground level at the 11 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ,sw'w11.u9,:s 03 svt'MA kvemar • ` 7 $ ,' .. -., 1 ...- .....e • • ,intersection of Southwest 41st Street and East Valley c Highway. If, as and when such exchange is consummated, the land acquired by Eastgate shall be subjected to the terms of the Declaration and the land acquired by Powell shall be released from the terms of the Declaration and the Owners shall execute such documents as may be necessary to evidence the foregoing. Notwithstanding such exchange, the lot designations used herein shall be transferred such that the South Pad thereafter shall be referred to as 'Lot 6• for purposes of this Agreement and the land formerly designated as Lot 6 shall be referred to as part of Lot 3. 15.15 Utility Easement. Powell, as Owner of Lot 7, hereby grants and conveys to the other Owners, for the benefit of the Shopping Center, a perpetual, non- exclusive easement over and across the Driveway Easement Property for the purpose of installing, C) operating, maintaining and replacing, from time to r) time, storm sewer, sanitary sewer, electrical, gas, yq telephone, cable and other utility lines to serve • improvements to be constructed in the Sho in Center. O Any work undertaken in .the Driveway Easement Property at the behest of an Owner to install or replace any utility lines shall be done in a good and workmanlike manner at the sole expense of such Owner and in a manner that will not unreasonably interfere with the use of the Driveway Easement Property by the other Owners. 15.16 Use Restrictions. No portion of the Shopping Center shall be used for any of the following uses or purposes: a. Any use which would constitute a public or private nuisance. b. Any use which generates noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness (other than noises typically associated with a home improvement store or theatre/cinema) . c. Any use which would generate excessive quantity of dust, dirt or fly ash. d. Any use involving a heightened risk of fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks- e. Any distillation, refining, smelting, agriculture or mining operations. 12 - FTRST AMENDMENT TO RECIPROCAL E',..EMENT AGREEMENT (s wucwyi©wc1a..Ye3+m7 ' IMMOsss • f. For the purpose of operating a mobile hose or trailer court, labor camp, junkyard, stock yard or animal raising business. g. Any drilling for and/or removal of subsurface substances. h. Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for such purpose. i. Any mortuary or similar service, establishment. b j. Any commercial laundry or dry-cleaning plant; provided, however, this prohibition shall not be applicable to any premises if oriented to pick up and delivery by the ultimate consumer and there are only nominal on-site supporting facilities. k. Any automobile body and fender repair work. 1. Any flea market, swap meet, "second hand" store or "s..tplus" store. a, a. Any adult book store or any so-called "sin" uses C') including (without limitation) nude dancing, pornographic r� displays, displays of "X-rated" materials or films, massage parlor or off-track betting facility. O 15.17 Additional North Lot 7 Uses. Notwithstanding C:. anything to the contrary contained in Sections 2.1 or 2.3 of C7 the Agreement, North Lot 7 may be used for the purposes of operating a bowling alley, skating rink, health club or bingo parlor or for industrial, warehouse or light manufacturing uses, if permitted by applicable law. No other amendment or modification is made or intended to be made to the Agreement and the Agreement, as modified hereby, shall remain in full force and effect as therein written. • 12A- FIRST AMENDMENT TO RECIPROCAL • 1'� EASEMENT AGREEMENT cTVAVI'OM JICOMAUxm34Qn71 'I "f. 1• •t {fit ,. sssss • f Executed in multiple counterparts to be effective as of the eth day of February, 1996. 4%: I • 1,► • , _ 4"', POWELL: 'r Eastga.- .- .tre,:Inc., .n Powell-Orillia Associates, a Or ,.,••ration Washington General `' • '''_, I ' / ' Partnership By I,IJ. __ . ., Nasi ; W: ARGAr: v" By: 3 I Title: 1 Lloyd W. Powell, General Partner HCWA Realty,Corp., a Washington By: 0. "corporation Peter W. Powell, General Partner P. POWELL • C) Name: Cn Title: 4'` Peter W. Powell ri,,. • CO :,4..:, i Yaim L. POWELL a p By: R (0 Name: C) Title: `'k.r.. `"' ' Lloyd W. Powell EXHIBITS: "A" - HC Easement "B" - Eastgate Easement "C" - Powell Easement "D" - Lot 2 Easement Area "E" - Lot 3 Easement Area "F" - South Pad Envelope STATE OF OREGON ) ss. County of WL 41 { This instrument was acknow edge. before me this day I of rep,Qj.)A , 1996, by ° , as , '- ,i,. a of Eas{9 ate Theatre Inc. an 0 . p. .ti•n,,. a . lf of the corpora ion. glAn n;�i '^ JaCKIE WILKES 6Iri'�a �NIF�O-` h,,ta."A'„?.IC CC`: NOT`•Y PUBLIC FOR OREGON cue ccU"' `C' ''0 7`r" My •.mmission Expires: ' .5- 41r;.^,M14ss'..AE.'_.:a.r ,: ,n, “ 13 - FIRST AMENDMENT TO RECIPROCA. • , I EASEMENT AGREEMENT t5 WI'009:3'1O3)9VMAM'63. fl61 t. .1 i,,,t,':'t • h r , Li I' ` I mamas Executed in multiple counterparts to be effective as of the 2JL day of Debradri , 1996. EASTCATZ: POWELL: Eastgate Theatre, Inc., an P well-Orillia AssAssociates, a Oregon corporation Washington al Partnership By: Name: By: Title: Lloyd W. Powell, General Partner HCWA Realty Corp., a Washington By: corporation Peter W. Powell, General Partner p. POWELL By: 4 Name: • Title: Peter W. Powell Cr) // L. POWELL Aritlur T. Jr. We rl Name: Up Title:_ AutnonzeQ Stgnato C Lloyd W. Powell Cv C (Q �Q{IBITS: G "A" - HC Easement "B" - Eastgate Easement "C" - Powell Easement "D" - Lot 2 Easement Area • "H" - Lot 3 E t Area "F" - South Pad Envelope • STATE OF OREGON ee. County of This instrument was acknowledged before me this _ day of , 1996, by , as of Eastgate Theatre, Inc., an Oregon corporation, on behalf of the corporation. NOTARY PUBLIC FOR OREGON My Commission Expires: • 13 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT A:Criii-- • pA'jar grill -*•:'" ' , °:• • r�+�r 4-4 ssti___ sac , . �- - - - - / r" Ex Partne ip ecuted in multiple counterparts to be effective of ae the ath day of February, 1996. EASTGAT$: P{ 1.r Title: Llo W. Powe , Eastgate Theatre, Inc., an Powell-Orillia Associates, a scBy: Oregon corporation Washing on General By: c�n�� Name: — General Psr ner Hf:: HCLJA Realty Corp. , a Washington By: • corporation Peter W. Powell, General Partner P. POw1LL By: _ Name: Title: Peter W. Powell \\ G By: I n • / Name: (jUgL 1)v1-..-�'v_-,1 . Title: Lloyd W. owell C7 EXHIBITS: "A" - HC Easement "B" - Eestgate Easement "C" - Powell Easement "D" - Lot 2 Easement Area "E" - Lot 3 Easement Area "F" - South Pad Envelope STATE OF OREGON ) es. County of _ ) This instrument was acknowledged before me this day of , 1996, by _ as of Eestgate Theatre, Inc. , an Oregon ccrperation, on behalf of • the corporation. NOTARY PUBLIC FOR OREGON My Cov:mieslon Expires: 13 - FIRST AMENDMENT TO RECIPROCAL • EASEMENT AGREEMENT .$M11.9011y I l s)n MA 4:614027e1 - —--- rEB-07-'96 16:07 ID:SCN.ABE-IJ ILL I1'SQI TEL t C:503-796-29H0 fl413 P1.3 Executed in multiple counterparts to be effective as of the •th day of February, 1996. 6AIXGATE: PULL: 6astgate Theatre, Ino., an Po mil-Orillia Associates, a Oregon corporation Washington General Partnership By: lame: By: 'title: Lloyd W. Powell, General lies 3CMA Realty Corp., a Washington By: _ corporation Pu er N. Powell, General Pnrtner By: AP/Mame: • C) Title: it A A Aran._J p ' Powell L. ELL uy: Title: CO Lloyd W. Powell n £CHIBITS: "A" - HC Easement "H" - Eastgate Easement "C" - Powell Easement "D" - Lot 2 Easement Area "E" - Lot 3 Easement Area "IP" - South Pad Envelope STATE OF OREGON as. County of This instrument was acknowledged before me this _ day of tre, as of Eastgate Theatre, Inc.,re, In an Oregon corporation, on behalf of the corporation. NOTARY PUBLI: FOR OREGON Ny Coaaiaeio.-, Expires: 13 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ,A:011V i ntiwAkviluan • COMMONWEALTH OF M .SSACHUSETTS ) OS. COUNTY OF )II DDLES EX 1.y; m!t it)t►�• On 1 I1') : before me, (11.i..A....cj. r&Jtl, a Notary Publia i i osl.,sa d state, personall a ,d J Y to as Edward - = w+:+ , pe-sonally known to s+e (oz prps,e�t, �. to a. on the basis o satisfactory evidence) to be the parsonY whose name is subscribed to the within instrument and • P • """" . o " acknowledged to se that ha/she executed the same in his/hi. or•.•'.; authorised capacity, and that by his/her signature on the / I•:.k �•.0 instrument,instrent, the person, or the entity upon behalf of which{th " 4 person acted, executed the instrument. IC-1 •'..--., WITNESS ay hand and official seal. �d ''• ► . ••• r P O. i 1, : . SG„AA-9.-- .N� ��. C'') I. •r• -- - Notary Public in and fo said State Cn ". C,, • . ,-4 CO)O(ONWEALTH OF )(ASSACHUSETTS ) (TJ ) ss. G COUNTY OF MIDDLESEX ) N p • -i;,. • CD On 11ffb, ,before me, ..��,�f. /�t.-L4(, a Notary I C) public 1 an4. Lwc as11 cttete, personally . ,neared l Aftri 5 iK , personally known to rn (or proved to me on the basis of satisfactory evidence) to be the person I whose name is subscribed to the within instrument and acknowledged to as that he/she executed the same in his/hex••' authorized capacity, and that by his/her signature on the•'p.�� E Y • instrument, the person, or the entity upon behalf of whirth;the 0 person acted, executed the instrument. ti:' i'. Pi WITNESS my hand and official seal. ICi yil;,r. o:Q n/� •..7' ,.� .. r; 1ST `•-.0 ,56�''a LAa'`E a":v "',.--/°;Ci NotaryPublic c in and for c id S• N. •• ; • a E 1 • , 14 - FIRST AMENDMENT TO RECIPROCAL , EASEMENT AGREEMENT i,m,2Y1 hi•k _r) ., is •, ! IMIFL _IIL, :�JY -P%SOS: SMPG�.tiK /[ i: `l.r.' STATE OF WASHINGTON ) ) es. County of ) On this day of , 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Peter W. Powell, known to be the person who executed this ir..trument in his individual capacity and as General Partner of Powell-Orillia Associates, a Washington general partnership, the partnership that executed the foregoing instrument, ald acknowledged the Instrument to be his free and voluntary a•:t and the free and voluntary act and deed of that partnership for the uses and purposes therein mentioned, and on oath s•:ated that he was authorized to execute the instrument on b.>half of the partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. C) . 00) (', NOTARY PUBLIC in and for the State 14 of Washington, residing at CDMy Commission Explren• nt • STATE OF ARIZONA C') ) ss. County of)Iw a c. y On this day of — �C'-1 i.ojLy 1596, before me, the undersigned, a Notary Public in and fdi the State of Arizona, duly commissioned and sworn, personally appeared Lloyd W. Powell, known to be the person who executed this instrument in his • individual capacity and as General Partner of Powell-orillia • Associates, a Washington general partnership, the partnership that executed the foregoing instrument, and acknowledged the instrument to be his free end voluntary act and the free and voluntary act and deed of that partnership for the uses and • purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of the partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. • • Lt t "' i / 11 - : -:�,•of y� NOTARY/ PUBLIC inl and for the State • of Arizona, residing at My Commissiol Expires: G")> r' 15 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ►w; ts-iml Mwu eLaPs 6, • =am "PM mil • • . - • Irn • tiweeer I A. FEB-07-'% 16:e8 ID:SO4J -W I LL I FTSON TEL I•O:SH3-7%-2980 S413 P 15 STATE OF WASHINGTON ) ss. County of ) On this IL day of t�u�W !y, 1996, before me, the undersigned, a Notary Public i.n r the State of Washington duly commissioned and sworn, personally appeared Peter W. Powell, known to be the person who executed this instrument in his Individual capacity and as General Partner of Powell-Orillia I Associates, a Washington general partnership, the partnership that executed the foregoing instrument, and acknowledged the instrument to be his free and voluntary act and the free and voluntary act and deed of that partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of the partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. C) e I C.) 1 moval/11JR1C CI I waft Of wMOOMPON ; J.AmelTedelACMOR Y PUBLIC in and for the 8 ta" l^ l�"DOO"' ''"eE'd~ �)901 of Washington, residing at O My Commission Expires: 7•/ • C`t O CD STATE OF ARIZONA ) ) as. County of ) On this day of re me, the undersigned, a Notary Public in and for the 6State oof Arizona, duly commissioned and sworn, personally appeared Lloyd W. Powell, known to be the person who executed this .instrument in his individual capacity and as General Partner. of Powell-Orillia Associates, a Washington general partnership, the partnership that executed the foregoing instrument, acid acknowledged the instrument to be his free and voluntary act and the free and voluntary act and deed of that partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on brehalf of the partnership. WITNESS my hand and Official seed hereto affixed the day and year first above written. • NOTARY PUBLIC in and for the State of Arizona, residing at Ny Commission Expires: - 15 - FIRST AMENDMENT TO RECIPROCAL EASEMENT ACREE:NEN; m.'r'1.ar.Y w 1v17Atwy441.)d P 7) f• 1.4[ - • 82/36/1996 16:57 2068228758 H D A PAGE 03 Holton Dowd:&Associates,Inc. HDA Co ts&Wag Ewsiwssnr,Ptawwsrs&Surveyor: EZHIEIT"I"-EASTGATE EASEMENT THAT PORTION OF LOT 7, BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92), PER MAP RECORDED IN VOLUME 161 OF PLATS. PAGES 8 THROUGH • 11 INCLUSIVE, UNDER RECORDING NUMBER 9206302696, RECORDS OF KING COUNTY. WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 01'50'09' WEST ALONG THE EAST LINE THEREOF 553.30 FEET TO THE POINT OF C) ! BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 01'50.'09" Cl WEST 162.63 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 28'33'51' i 44 1 WEST 155.64 FEET; THENCE NORTII 01'50'09" EAST 301.64 FEET; THENCE SOUTH 0 88'09'51' EAST 70.00 TO THE POINT OF BEGINNING. 0 CONTAINING 16,249 SQ. FT. MORE OR I ES_S. CO Cl • • WOMB •in/17 ... ..,.,,, j ( $27 Sod A►siuu Soat, Zir#tgrad,0._ WcsAbi 98033, Phone (206) S22-2525, Fax (206) 822-8758 I • N"arrAar • Bark" I WTI '. `-&-.7-4. . •r .:-: ' p 1 • _ 02,86/1996 16:57 2e68228758 H D A PAGE 04 • Horton Denntt&AtsodaIts,Inc. HDA CoRsuhing En1u, ,re,Pkiin cn s Surveyor: EXHIBIT "C"-POWEIL EASEMENT THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS,PAGE 180, UNDER RECORDING NUMBER 9511299006, RECORDS OF KING COUNTY,WASHINGTON, SITUATE IN SECTION 30, 1 TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M., BEING MORE PARTICULARLY IDESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 1 88'09'51" EAST ALONG THE NORTH LINE THEREOF 113.15 FEET; THENCE SOUTH In 1 01'50'09'WEST 426.54 FEE,: THENCE NORTH 89'05'25'WEST 211.54 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 01°50'09' EAST 71.99 FEET; THENCE NORTH 21'33'51'EAST CONTINUING ALONG SAID LINE X' 218.70 FEET; THENCE NORTH 01'50'09' EAST CONTINUING ALONG .SAD C) 162.63 FEET TO THE POINT OF BEGINNING. Le CONTAINING 64,976 SQ. FT. MORE OR LESS. • /1:1..1.1j% 1 I 1111101 =rates UM/9/1 �_ I P20 Second et ewe South. I�inEland, Washington 98033, Phone (206) 822-2525, Fer (2Of) 8:2-8758 4 I C/ctftu! • R'nastcMt • dun,' ri.. is - ..�-•. _ .,•... .. ..�.. . .� �" : A mow.-•! ._ ..•y: t't>:? .�r' i,'• - 4. •. .- • • 02/06 1996 16:57 2068228758 H D A PAGE OS Horton Denial&Associates,Inc. HDA Consulting Engineers,Planners&Surveyors ERHOSIT''D"-LOT 2 EASEMENT AREA THAT PORTION OF LOT 2, CTI-Y OF RENTON LOT UNE ADJUSTMENT ASff RECORDED IN VOLUME 106 OF SURVEYS,PAGE 180, UNDER RECORDING NUMBER 9511299006, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 87.50'47'EAST ALONG THE NORTH UNE THEREOF 83.38 FEET TO THE BEGINNING cn OF A CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 605.87 FEET: C') I THENCE IN AN EASTERLY DIRECTION ALONG THE ARC OF SAID CURVE,PASSING 1"'4 THROUGH A CENTRAL ANGLE OF 02'48'55'A DISTANCE OF 29.77 FEET; THENCE NX SOUTH 01'50'09'WEST 553.40 FEET TO THE SOUTH UNE OF SAID LOT 2; THENCE NORTH 88'09'514 WEST ALONG SAID SOUTH UNE 113.15 FEET TO THE WEST LINE O I OF SAID LOT; THENCE NORTH 01'50'09' EAST ALONG SAID WEST LINE 553.30 FEET TO THE POINT OF BEGINNING. CONTAINING 62,577 SQ. FT. MORE OR LESSfeloi,91.A. s • wu•U •i,•i t? I 120 Second Art1111 South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 L I • WenatcA • davit, ty moinsom — 02/.06/1996 16:57 2868228758 H D A PAS 6 Horton Dennis&Associates,Inc. HDA Consulting Engineers,Planners&Surveyors EXHIBIT 'E"-LOT 3 EASEMENT AREA THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS,PAGE 180, UNDER RECORDING NUMBER 9511299006, RECORDS OF KING COUNTY. WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 88'09'51' EAST ALONG THE NORTH LINE THEREOF 113.15 FEET; THENCE SOUTH C7) ' 01'50'09'WEST 426.54 FEET; THENCE NORTH 89.05'25'WEST 211.54 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 01.50'09" U0 EAST 71.99 FEET; THENCE NORTH 28.33'51'EAST CONTINUING ALONG SAID LINE CC ' 218.70 FEET; THENCE NORTH 01'50'09' EAST CONTINUING ALONG SAID LINE 162.63 FEET TO THE POINT OF BEGINNING. c�j CONTAINING 64,976 SQ. FT. MORE OR LESS. • ♦ 'Pi \1/4:74,4_47, Tit! •i•1/h 310 Second Avenue South, Klr#1end, R'aththgtort 98033, Phone 06 R ) 822-2525Fas (106) 822-8758 r' Grids/4 • Wewm� • d�,isr Ele IL L , I . 1 _ILI — — —pi—Fest_.,„r___A , ;..,, 7-_-1. ,„ N0130'12•E - 20.00'l I 11WI i � I o d I I i Ne9 OS'25'W -6e.03' - I � ...1 \ N0130'12� 9E.77 �� 1 , -1i1 oa w — _-.111 ►1U ie1i111if 11 1111111 = F W n - E Q -1 - I ( _ — ... i...1 lig a. .. : )) y c ` N0130.12'E - 210.00' z "-j 1. - c 1 --•— '•'i"• A V .._ • (J -' - — — . _I— ' ..14 .. c. 0 y N0130'12•E - 210.Od — o 4 H w i - - C° V) I - = ��r. H • C h 0,4 X vl O L0.Inod'4 _ '4.,• E > L J , i f I t I t I t , II al .� _ .. n 4 z N41 SO'04'E - 210.00 �, _.. M - 44. _ P • .s = 1l i - 1 ri,A I =:-._ _.... F.:. _ ____ ii �, c ., Illllllllllllllll 11i 111 N-- Nee•49.45'E - 39.11• —I N01 SO'09'E - 7e4104' • • 6etifb/t6 f 6ECZHOZ09G EAST VALLEY HIGHW : ''•N • : r - O ..-__..-. I i WHEN RECORDED RETURN TO: R-f a- �- Office of the City Clerk .. Renton Municipal Building 200 Mill Avenue South Renton,Washington 96055 (Space Above This Line For Recorder's Use) '. i GRANT OF EASEMENTS �+r p� THIS INSTRUMENT,made this day of�dU, 1995,tS"9 and between HCWA • L, REALTY CORP.,a Washington corporation,hereinafter called"Grantor,"and the CITY OF C) RENTON,a municipal corporation of King County,Washington,hereinafter called"Grantee` G1 CD That said Grantor,for good and valuable consideration,receipt of which is hereby CD acknowledged,does by these presents,grant,bargain,sell,convey and warrant unto the said .! • • • .4 Grantee,its successors and assigns the following easements over certain portions of that certain •i real property located in King County,Washington and described in Exhibit"A"attached hereto L' C�) (the"Property"): • 1. An easement for public utilities(including water,wastewater and surface water)with nr,'resary appurtenances over,under,through,across and upon that certain portion of the Property described in Exhibit"B"attached hereto,for the purpose of constructing, reconstructing,installing repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with to the right of ingress and egress thereto. Following the initial construction of its facilities,Grantee • may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions (a) The Grantee shall,upon completion of any work within the • t7 property covered by the easement,restore the surface of the easement,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. i (b) Grantor shall retain the right to use the surface of the easement as • 2 long as such use does not interfere with the easement rights granted to the Grantee. r. Grantor shall not,however,have the right to. 8 j (1) Erect or maintain any buildings or structures within the g easement; -i it 9507202D.00l/ LM/Wss70-0t3/10.27.95/mcg i a • • \; (ii) Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee, • (iii) Develop,landscape or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the casement area and any private improvements therein; (iv) Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities;or (v) Blast within fifteen(15)feet of the right-of-way. • 2. An easement for pedestrian ncrrax,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 area located in the northwesterly portion of the Property described in Exhibit'C'attached hereto. Grantee shall restore any improvements which are disturbed or destroyed as a result of or in connection with Grantee entering upon the Property to monitor the above-described wetlands area 0? That 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 t�l lawful owner of the above property and that it has good and lawful right to execute this ei agreement. • Cf) HCWA REALTY CORP., a Washin on corporation By: rbert J Ze i•• Title: Pro ayi tame: 8 @ Br Title: W3nler Viers Pr8eirfgat . 1' -2- .e 9507102D.00 1RA.r.Vw 8 870-083/10-2)•951mea —1111111 NAME ..�.o.r� ��'�--1.�. -r.a,n:.�n �s✓.•yi..' as • 111111 ) t. Co®onwealth of Massachueetta) SS:COUNTY OF Middlesex ) Herbert J Zerkln aJ I certify that I mow or have satisfactory evidence that Edward J.Weisberger signed this instrument.on oath nti that he_w__asji rized to execute the instrument and acknowledged it as the�sid ^bt Vice t'T�" orHCWA Realty Corp.to be the free and voluntary act of such party for uses and purposes mentioned in the instrument. • Dated: 1l 'gig S Lquc;2 E. R:iey • Notary Public in for the Co®onwsatth,of*sass. residing at Nota�ry�f f1ctSSA�G S Mypppoinanent expires: t I 0 • N rl • .3_ 9S07202D.00IJ C M/Wit70-0ES/10]193hneE • • EGA DESCRIPTION OF PROPERTY LOTS 2 AND 3 OF BURLINGTON NORTHERN,A BINDING SITE PLAN, ACCORDING TO THE CITY OF RENTON BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO.9206302696,IN VOLUME 161 OF PLATS,PAGES 8 THROUGH I I,RECORDS OF KING COUNTY; SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. In • can O • O rl w1 • QQiI13IT'A' 9507202D.CC 111.41.1/W B870.083/I0-24-95/mq • w ---- ran • LEGAL DESCRIPTION OF UTILITIES EASEMENT THAT PORTION OF SECTION 30, TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M., BEING ALSO A PORTION OF LOTS 2 AND 3, 'BURLINGTON NORTHERN BINDING SITE PLAN'PER MAP RECORDED IN VOLUME 161 OF PLATS,PAGES 8 THROUGH 11 INCLUSIVE,UNDER RECORDING NO.9206302646,RECORDS OP KING COUNTY, WASHINGTON,BEING A STRIP OF LAND 15.00 FEET W WIDTH,HAVING 7.50 FEET OF SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 01'50'09"WEST ALONG THE EAST LINE THEREOF(WEST MARGIN OF EAST VALLEY HIGHWAY), 27.50 FEET TO THE POINT OF BEGINNING: THENCE NORTH 87'50'47" WEST 371.62 FEET TO POINT 'A'; THENCE CONTINUING NORTH 87'50'47'WEST 376.19 FEET TO POINT 'B';THENCE SOUTH 01'50'09' WEST 266.00 FEET TO POINT 'C';THENCE CONTINUING SOUTH 01'50'09'WEST 261.59 FEET TO POINT'D';THENCE SOUTH 88°09'5 I' EAST 398.94 FEET TO POINT 'E'; THENCE CONTINUING SOUTH 88°09'5I' EAST 348.85 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3 (WEST MARGIN OF EAST VALLEY HIGHWAY),AND THE TERMINUS OF THIS LINE O DESCRIPTION. SAID POINT OF TERMINUS BEING SOUTH 01'50'09' WEST N 36.30 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 2. ALSO BEGINNING AT SAID POINT'A';THENCE SOUTH 02'09.13'WEST 50.00 FEET • ,4 TO THE TERMINUS OF THIS LINE DESCRIPTION.ALSO BEGINNING AT SAID POINT B•;THENCE NORTH 87'50'47'WEST ALONG THE CENTERLINE OF AN Cr) EASEMENT STRIP,HAVING 7.50 I'±1 IN WIDTH TO THE NORTH AND 20.50 FEET IN WIDTH TO THE SOUTH FOR A DISTANCE OF 25.00 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT 'C';THENCE NORTH 88°09'51'WEST 25.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT'D';THENCE NORTH 88'09'51'WEST 25.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT'S';THENCE NORTH 01'50'09'EAST 39.50 PEET TO THE TERMINUS OF THIS LINE DESCRIPTION. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE AT RIGHT ANGLES FROM SAID POINTS OF TERMINUS OR ON STATED ADJOINING CALLS AS APPROPRIATE. • ,. 'S tQ names .e vv. EXHIBIT•B' � I 95072 02 D CC 1 NIM/W8870-083/10.23-95/mcg 1 • • LOT E PARCEL A BSP-0lI-92 • SP J78-79 r a. 107S7r • SEE O �R-so-ter .1?" LOT I 1- DETAIL 'A-.T. ,•r t - Hatt t7',.•' BSP-014-92 13r. N r7o.7'. sr' Ne77o'.7Y uSO`°r A Ir� - _ rrrrr- ID IQ I 7Ij r as' Nr.. ■ oa I J rr t �' I •»ti ter O i¢ fir' (I �+ rr T sa..r� ,.ee 1 _ , 2 , 3701 4,./ • c..: E; ' I' LOT 2 0 n'ulwose.Rr I •, ? .'Purr Mr T--• d:tr„,, g 4 I lr.tu wcRCS �,b o '' ' '� •rme cw,n•.wct r i 11 DETAIL 'A' ""0r'"' • no • frr pc,nw.a I N Z! wP CQL 11.rc zor U RIK f1L7 I wI :► "n s rss[p rM v.und+ f�' f}r ks7e~ _ � II^ " star u[) I I r NU 9r]rY : �^ $ 4 . . •�. LOT 7 I Taoe' NWINS1,Y �• en•mltil I . .L_I__I1_t/ 2 N ,r. • I ,+w, II �trrt�_ o rr .a+vrtD O,r.c., _ ` a r+t Q CW�[rIKC urf. w[►ea...aMr tM �i¢•,4 ,0 .. ; ,. LI d Ni'to•UT�� - Ls,'s 1n(or i to or ao(rm Sr • w.Kw-Ir,Or114 n to,,y,r ul, w�c,o, 1,,..i I .of.t gars or Nis �"r____ r a �I i' y <T.o• p c.omW ECO•w.a.e W © .eeon• .t. •..",..Io utun 3751 IS 100311.43 • CIc �IsprrNr ecuNon ': :d LOTS Re • .0 (� � � ' 3.15.02.to rr 17?e.AGIT ,r4 ' y wr1D! ow.Tr.•rcc 1 1.170.1r7 OM r— — , \• ; . I g COOC1r•nor?*CCM rn Sr.rr a i A' ./.'.} `•�•. ^; 1--M•ullun 8- ..de r w e(C rU lI•nO • .,V R .. g ::I. t orawp! �, Cr.uO+C.,n• r0 of CC •� E. ,.....,.1.. - 1r Pp re...a..•(;•.MC CbtMn ICC :1 fiayla•.,.,•ao••••s�, i w•u+arrr Me, no.S7aa1 7 O . 1 Nerw'aY ; -la ar- , --� _ itC So__. -. f mg �s'.N.�� SEC b J{rt•t.a••c ttlewa• src JJ1 - , ---- -. rJ •qf KC •A etaSo.0or0 'I I ..= ,: ay. JI / K ' .•c sst-rk1•Ioo (II iv m 'g :___rurr uuT tOU ter, WI". TOORCON CTc-SC, S.•.too0.nt Rot .. )l1 i NOe7707Y ; ® // t ee'J r'. • ..a 333-130-000 '1' •UT�.j -•.- 10'your?r" wRvn RRIOR.so o, r1tlo t••• rit I:: ,, 1 -MIT Ah 1 cAst•IOrt u Kb.•c 1u..so.ofo,w.C. II: b 0 leo o Ioo 8 ♦ r / MD Joo II:O , 0 cc <b aQ & NI' $ 43 SUIe IN rrCT saAta I. - �. lI;.ctrsf µv 0h + hQ rrc.f'u7l • i r,wp...aK,.-tl........O...R Aw. _______�''. re[er Iee.er :-.ra5rr- • , S.W. 41ST STREET s 'Iee' _ �ea.+.w.S J�F NNE•.fCD V e.M . Nr/71nrY Y O••••Iwo..••.,..V 4LVo ''.1.a!aws 0 6 I,w.oao.".Imq, .cLGY Cr.CCYSS TO Mr IN.m. r...c+r Sett or...sr. .rw RIG NO u 1vo3ae03e, H . a Z a O 111 WETLAND AREA DE$0ftfp770N 1 . Being a portion ofLats 2 and 3 ofBudington NorthemBinding Site Plan(BSP-014-92) as recorded in Valnme 161 of Plats,pages 8 through 1I inclusive,under Recording Number 9206302696, Records of King County, Washington and being more particularly described as follows: The West 115.00 feet of said Lot 2 and the North 120.00 feet of the West 115.00 feet of said Lot 3,Except the North 25.00 feet of said Lot 2. LI] • C t`i • M"i • 17) • mars: ># ' 93o72Q2D.00l/NSWWW0-083l10-23.95/mci e • ` DEVELOPMENT PLANNING C VOFPEuTr".t . ArR 1 3 1995 RECEIVED AGREEMENT REGARDLNG BUILDING LOCATION This Agreement Regarding Building Location(the"Agreement')is entered into as of the 13th day of February,1995,by HCWA REALTY CORP.,a Washington corporation ('HCWA"). RECITALS: 1 A_ HCWA owns that certain parcel of land situated in or near the City of i t7! Renton(the"City"),County of King,State of Washington,which parcel is more particularly O descnbed on exhibit"A"attached hereto and made a part hereof('Parcel A"). O gri B. HCWA also owns that certain parcel of land situated in or near the City, County of King,State of Washington which parcel is more particularly described on Exhibit'B" in hereto and made a part hereof("Parcel B"). Parcel B is adjacent to Parcel A C. In connection with HCWA's development of Parcel A,including,without • limitation,the development of a building upon Parcel A(the"A-Building")immediately adjsc nt to the northern lot line of Parcel B,the City has required that HCWA,as the owner of Parcel B, agree to certain restrictions upon the development of Parcel B. I ' WITL{ESSLTH: • l 2 In consideration of the foregoing recitals,HCWA hereby agrees as follows: ' 1. Building Location. In the event that HCWA desire to construct a building upon Parcel B(the'B-Building')or sells,assigns or transfers Parcel B to any buyer("Buyer"), HCWA shall locate,or shall require Buyer and its successors(in the event they desire at any time to construct the Building)to locate the B-Building either(t)a tmnimu.m of sixty feet(60)from the northern lot line of Parcel B or(ii)immediately 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 of the City of Renton,County of ,r King,State of Washington. E 8 8. ` Z1 >R 9510101WOCl/RES/W887O-266/04-I1-95rmo -11 1 • 1111 a 2. Successors and Assign:. The provision of the Agreement will imtre to the bent of and will bind HCWA and its respective successors and assigns and all other persons or 1 entities which acquire any interest in Parcel A or Parcel B. 3. ,Applicable Law. This Agreement will be construed in accordance with and enforced as provided under Washington law. 4. Exhibits. Each of the Exhibits attached hereto is incorporated herein by reference. 5. Cations. The paragraph captions in this Agreement are for convenience only and are not a part of and are not intended to govern,limit or aid in the interpretation of any provision of the Agreement HCWA CO .,n Washington corporatio By.. Name: Tho C lino SY' Title: Vice President • N •i � O �+1 Q) • • • 95101 01 W.00 I/RES/W8370.26694-1 1-95f mo - I ' 1 • Ex1ifBIT'A' Lot 2 of Burlington Northern,a binding site plan,according to the City of Reason Binding Site Plan recorded under King County Recording No.9206302696,in Volume 161 of Plats,Pages S through 11,Records of King County. 1 m • '•1 rl VI • • EXHIBITS'A' • EAR"B" Parcel B: Lot 3 of Burlington Northern,a binding site plan,according to the City of Renton Binding Site Plan recorded under King County Recording No.9206302696,in Volume 161 of Plats,Pages 8 through 11,Records of King County. N cc N V, EXHIBIT"B" '4SLIJ,ci4CUL n r 107J27' _... _. __ . .. - - L vv �^ LEGAL DESCRIPTIONS SEE R-spier t�,� LOT I y DETAIL -A' , u'R•••• l L r rrO2J' N�-' BSP-014-92 $r DECLARATION / f 2V (OLD) LOT 2 : tp r0'URI1Y �y A w1101 v f:11001 XL wants 13 NOOK VOW CATE)IOIr 5 `` KNOW All D 1, T11) PRESENTS LAND THAT K ME `N.T 03 JR'W - NI7`JO'a.- ^ 1RN00t9O11m OrQI(f)0/M LAMD NEIERI DCSC3NalD tO or frAuvo lroarul M M Wow Nit NAN t7.JIB _ J17.JI. � 00' Z CO HERMY WA(A IOUMDMY UN(Md1STYOlT (�-n.-ai�M1 n�I a[ae110m a11ouH N,or Lai W' m r--. .- N aqufK um r:aola NaTnrari_ _ rumor PURSUANT 10 RCN Sa.17.0s0 AND DECLARE N6 mnsof ok a ANN or INA pooh.N.R•+To1l T _ rrf,a,'_ DOS O ry 7__ __ �'a• - I _ I T MAO 1 r -a.l ___ �X tY M[SANG AND MAT SND A011SrY01 IST YAD[� EASEMENT I. I 1 (n I 1 NTH M[MU CONSENT AID M ACCORDANCE rM I s'oa A C • J i """' 1 I r,r cowl,, "`,-tam• I oY- Cr 7,x yrlot'f).s't•'v[Sf'M1Et[DI v[ (►CW LOT 2: , ON•G..t■ it I Q:OR 0 .IrV..ri HAVE OUR SEALS sae Paull.or M1�Si 1�r 73 NRK R.MQ 1Nn• 4 II 1 A 1.NOWN AM NON NANA I1[PAM ,4]] �� -1•y�1J I e,7• �e1 W POI YAP I�X010 M wawa M or • mono 1 .. J703 I q P.a. 11�.nroo sec ci MOM Nor aa.rrr" • 1r.ol Nol 1.e1 I VP. 4 Lora n A.O 1oa[nn and 11..r rams r war a d aA+aaa.e TS'RAM air g LOT 2 r.1'LANDSCAPE WON.•n•altia.a.m.. enI PLAN,Llele NOfIM 0/..aC OOa1Rm Y ware C.C.N We � 2< i •UR/3Y 6N7 [carts.r.rear oN x LAnoa.+urt v tar 7 ,nine ir-Sr ��.p W aK reO So R. 'j `r,,l wr r 33.r lar folrsr v x NOettAA aO+o v il4 '1 O ER C ATA B 1 . LOT 3 v MO eNPle TX PUP* AFTER Lt3N,4YA.Kl = Nowt Naas 10 A POW 1.C 113Tt C.VW rW .ri LOT a tat 1 .roar ON x CWWW1l ME v WO 1 a.+.Era tW.r sr r.ar.lMry.A..r ad UV 3 NV x LAM+v beg eoolrtol usr ti e.+Isar v 1DeaMA aMr aaa 1Qr Must Or x JO ��' �� 'N.a N....."Nor."r.Ner ar Y"" 0310/0 0•10.1or meal l lar 3 DETAIL 'A' NeaorsrN I • ! M C7."'ara r j.rim. r••.rMrm.e. M m^"a+r'ea,r as n.a,3,a,.m TM 10 Norm.K,aEwl Cagan I w, w'r.r r r r.�'r r....ar DOT.3 ai.l1 I rya N Or Lair.... t I g I�.a r 0 ow)LOT 3: VOSIwC 20'uruN C917 1 /I O} �R 8 Y r . A POMP.tr ta:ta.36 TOW.Rr 13 110010/.A.NA ..I I Neeq']r it .1RO JS- ORKSAu LOTT.trMwaa 11 01001003 as now.laltl sR 1lAN FRO•CtYD MR VACATION _ 7p1iN._ •n •� t01RL1MYlAl era A-ap PM WV AWARD M`.a..0 NN v w . __tt •.- P 2llIFIE w w+��1++ RA+a r.m a awarall 1,wtauc uefR mamma I•I I Nssvr n•w i Na..r m...A rmNH ar nr morn,N...e1ol LOT 7 •I g Pro We,v I I i r% Aww7rlr '� ,�,,,yr,°�'r'�1�'lfty i 8SP-0I4-91 I. rate 1 __ 3.a..' `� _ T_A^"K ll; I I OW) LOT 3 : LEGEND $:, ns _ ----rrlrel-.--- --- • 1.lay er I .ha..raa.+.f.+r...er 1N1r Palo v I¢WRl 3A 17Raa/to Honk.ANa -r- ----rrT131- -r IWt..-eOtlatt PSMU.OWD .._.._- .._.-NtI9a _ terra .....1.1.r e to e/w'AAA a AP Noe -.` u .-•.._•..-..•�.••�..�. Ik�• 1........""."..."*-...11tT 1 r tUatletMl 11aRt1AI r..q WE .l.Nl err.�..e..Mr M�r er ar✓...P ar 1'+1 N.r ICU M vOuaO M v w o roue/.:m•m NUM a CAI r O CpVt€AMCr ARFA lo(Tol •.I o .a ar r r.....a..M N-- r a M1AIW n a16LiM.11Oa ajOM+a.. J _ .LEY a11I.,a 41W Last K ND�0 ` h.�a.r.�A.1 r r M M4 r ar rr r.a M.r.� w aOMeaa,smloe v w urrr .. Sit Naa.onR art:o•aw LOT J TO LOT 2 I ...1 ..a 1•r r.r.P.l CD rrlm ,./TM MG: a1,017 Al R. c N. MOT 1.ar Pats CI toT 3.v f.e WNW WTI WAX • v•• _0 r1 i A/ S ✓ I ONO Nut A t•A W OOOrm U T Lit R (r)-rUi p.T./auaa.a,al e0ar.e.1•Part a.$.x LAt1Rr Lit OF tar 1 DOCL'eblT der NORM i I ...r..r SW+UM PUT taJR1 v x NORe•Atr coon v 1 NaTAOM MOW arl Poo ��p� WO J I.)-a's v.t3rra ntr.[Y ;, aa•N.r••• ' h *Awry rtW A Q'NOfMt1 'wT A~drrNc[v 424 PILL moth P 7OW p3 +a.lwr supusi W .r•r+.aP.N 1Y.. w tin 3 W K roe.ai v IC OOOYR�iol' Q N.O Nae3n+ W Kan r MYRA MY ra IOU WIN 0/x /. ;fro'ur[/rr J7J/ + 4 4 CAsdeNr LOT 3 Pal rater M..r o.r•N. a.rr,.N+rnr.rer Na.1 1 2 JL.CO 3 IOU f001ArpT, Drab • r tlart.a•1t e3A3r.A rt.a,7.3M AaO • Q 3 �4 h r J./SOi1 SCE /7. • O.` A a r ®rr icscArc ' APPROVAL NOTES >. 1 $;W &Lily"'CSv T-_.. - AD1 I4S1IA me r Mp/SWDNO/TIMtUC A IS.UTILITY r�ertrrlT 7.7'ON EACH SLOE �•, JViORKS• C d Al-po AIM Off (�/�j_DAY D'01* 1[i CT! oI 1 LK1t54 NUPON 18'C 0W0 THIS M O �•\L. 3 }• •)e n }NN1Aiilyi .yiIMl DaOVNI•.nt 0 DDSrWO[AlO�T AS NOTED. g 2o h CCNOIEMA LION v ALYaf/D STAR O U R 20'UM T N101wY 1 D 3(r NIILLrC T . f� City d R.b .mow.) r EASE3KNI g Cr lgrr, •1r t AM tp 1(TAT�" of . I, lI.w R Io vn n aN7 °n s7 o1 a.a Down tcc I XI NDRT011 0/LMS t YSOOAiM�Q O •Da ssims�rpm NeevJ'2J'1r -NQY--- I .. . MDR 1320 St a* Loth Ui --- ' SEC 31 4.K7u 5.' s[C x I BN.au..D.+w.d f.w.Dtw. (20S)a[[2af-ws3 -- -- 2a'BI/C 1* Q39AIX SEC J1 I -- SEC Jt •__ Cr KR P/C NO 81 0304 00 70 , ' g t (ay.aMw of City a/MAMMA aMlcwa) r.0 333-i30-CO �,rd, g .- ----rater 1 otter r I KING COUNTY ooARTNE31T or AssEsa.UITs LANO SURVEYOR'S C£RT}F7CATE .. EouIPN[Nr Lan TorCON QTf-%. S'rN[OODU 1t/WN NY77b7W : I Nt?'Jr07'W II f (*MNM4`A`'A RMNI•a 42.4 al 'It(' TAM Wl1NOARY LINE AD.USTMOIT een+aflr NAG 332-i30-ONO ran.-'j l.-to'u3UTY fYr3Le If �,IA,�Idµf(Ql raerNPaeta a•o.+y mole by rr..r WNW,a•r SOON( r[R1pRN[D [.n� TRIy[M[ +' r�.t.aY .tr.A44/7 ....er `roller.In aer.lormanta will, Plata old .s PE NYC 132-13o-0f0, MIT C. b .4 i.I ., ` qNy I UJEt10+r Ono County Meitner ty Nay t e«r.ir.lOtNl.. 8 \t. $ g ` $ r e ..J.TAw4IA3... 1st 1 100 ' p�� 1�� ct l� p\ tlj wY RECORDING N0. sCPU IN[LET © t; it •• / § I RECORDER'S CERTIFICATE a.W *O4A• i). T.- oo' ACCCSS IIMMo 0� I 1 4 Ntrw yT�i/ MIp/A[L D.+lctaclLc Z SCALE: I. / � �/ U Ai �Y•T�l � 0 311,1^y , Rod for moot IOWA...___..day of la at.. IA 1F +� r� Certllloe/a New 1747 ...... .Op..r PM NAAA.Orar all 2 MOWS Si RJR -�u ratan , upter --r$S.er_-\1� In !•oak. IJ ' r. �eL-....el►eso- et No sous)e/ TO 110 4Nan u WOW.NNE WIZ UPC.TotS.W. 41 ST STREET 3 rtw•" �Nea:3fl7-1r NOR'- ' ' 3- nc • N Ia1 OFMMLOKFOR IMP P�'lAR PN3[S WNW Ra TMQW. - - - . ✓r¢v1K u.oOt.NCaeM.O NO.3a3OLK SOWI RELEASE Of ACCESS TO 1NE 3 WI v.aa caAlrr.,we+mN srA trAyl. MI KC ND �las _ Sue_ of Rower erg a+•tr SHEET 1 of I ` VAR 30.ate No. 1e 00 i • . fJ 8 / Oc l AD 93 JD 3, pECLARATION OF COVENANTS,CONDITIONS AND RESTRICTION AND GRANT OF EASEMENTS AND QUITCLAIM (�2 OF CERTAIN PARKING EASEMENTS O � By and between • A HCWA REALTY CORP.,a Washington corporation and EASTGATE THEATRE, INC.,an Oregon corporation E+� V-a „g•Go _ eE°' w,()16009 OC I/MEO/W 8870-3 3 I/02-06-96/ccf TABLE OF CONTENTS • RECITALS I COVENANTS, CONDITIONS AND RESTRICTIONS 2 1. Use Restrictions Binding on Eastgate Property 2 2. Use Restrictions Binding on HomeBase Property 2 3. Use Restrictions Binding on Shopping Center 2 4. Retail Use Restriction 3 5. Height Restrictions 3 • 6. Undeveloped Building Area 4 7. Site Plan Restrictions 4 8. Restrictions Limiting Construction Interference 5 9. Parking Ratio and Standards 5 EASEMENTS 6 10. Reciprocal Driveway Easement 6 11. Service Drive Easement 8 I) 12. Pylon Sign Easement 8 -s4 MISCELLANEOUS 8 13. Constructive Notice and Acceptance 8 14. Duration of Declaration 8 15. Amendment to this Declaration 9 16 No Covenant to Operate 9 17 Severability 9 18 Captions - 9 grd0I6009 cx IfMEO/w8870-331/02-06-96/ccf 19. Release from Liability 9 20. Notices 9 21. Breach Shall Not Permit Termination; Notice and Cure Rights 10 22. Self-Help Rights 10 23. Breach -Effect on Mortgagee and Right to Cure 10 24. No Partnership I 1 25. Governing Law II 26. Consent 11 27 Estoppel Certificate 11 28. Waiver of Default 11 CIO 0) 29. Counterparts 12 30. Annexation Parcel 12 O C31 Deannexed Parcel 12 QUITCLAIM 12 32. Quitclaim of Parking Easements 12 33 Related Agreement 13 TABLE OF EXHIBITS Exhibit "A" Legal Description of HomeBase Property Exhibit "B" Legal Description of Eastgate Property Exhibit "C" Site Plan Exhibit "D" Legal Description of Annexation Property 964k1604w OC1/MFO/W8870-331/02 0h-96/Lel RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO HCWA REALTY CORP. c!o HomeBase 3345 Michelson Irvine, California 92715 , ttention Vice President Real Estate (Space Above For Recorder's Use) DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND OUITCLAIM OF CERTAIN PARKING EASEMENTS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND QUITCLAIM OF CERTAIN V') PARKING EASEMENTS ("Declaration")is made as of February 7, 1996, by HCWA REALTY 4-4 CORP , a Washington corporation ("HomeBase") and EASTGATE THEATRE, INC., an Oregon c)rporation ("Eastgate"). CV C RECITALS: A HomeBase is the fee owner of certain real property situated in the City of Renton, County of King, State of Washington, described in Exhibit "A" attached hereto and by this reference incorporated herein(the "HomeBase Property") HomeBase and any other party who subsequently acquires title to all or any portion of the HomeBase Property is hereinafter referred to as the "HomeBase Property Owner " B Concurrently with the execution and recordation of this Declaration, Eastgate is purchasing from HomeBase certain real property adjacent to the HomeBase Property, which is situated in the City of Renton, County of King, State of Washington, described in Exhibit "B" attached hereto and by this reference incorporated herein(the "Eastgate Property"). Eastgate and any other party who subsequently acquires fee title to all or any portion of the Eastgate Property is hereinafter referred to as the "Eastgate Property Owner." HomeBase, Eastgate and any other party who acquires fee title to all or any portion of the Eastgate Property or the HomeBase Property is sometimes referred to herein as an "owner." C. HomeBase would not otherwise agree to sell the Eastgate Property to Eastgate and Eastgate would not otherwise agree to buy the Eastgate Property from HomeBase without the restrictions, covenants and obligations, and the grant of easements set forth in this [declaration vhu ho 9 ix II LOfwiiiro-33 /o2.06-9h/cef D. FiomeBase will hereafter hold and convey title to the HomeBase Property ubject to certain protective covenants, conditions and restrictions and the easements as hereinafter set forth. E. Eastgate will hereafter hold and convey title to the Eastgate Property subject to the covenants, conditions, restrictions and easements contained herein. F. Attached hereto and incorporated herein by this reference as Exhibit "C" is a site plan depicting the HomeBase Property and the Eastgate Property("Site Plan"). The areas labeled on the Site Plan as "Outparcels" are referred to herein as Outparcels. The area labeled on the Site Plan as "Theatre Parcel" is referred to herein sometimes as Theatre Parcel. The area labeled on the Site Plan as "HomeBase Parcel" is referred 'o herein sometimes as HomeBase Parcel. The term "Shopping Center" used herein refers to the Outparcels, the Theatre Parcel, and the HomeBase Parcel. jI NOW, THEREFORE, in consideration of the foregoing, HomeBase and Eastgate hereby covenant and declare that the HomeBase Property and the Eastgate Property are now held C') and shall hereafter be held, transferred, sold, leased, conveyed, encumbered, mortgaged, improved qr"4 and occupied subject to the terms of this Declaration. These covenants, conditions, restrictions and easements shall run with the HomeBase Property and the Eastgate Property as described !NI herein and every part thereof, and shall be binding on Eastgate and HomeBase and their respective successors and assigns with respect to the Eastgate Property and the HomeBase Property, and CZ shall inure to the benefit of the Eastgate Property Owner and the Eastgate Property, and the HomeBase Property Owner and the HomeBase Property as described herein. COVENANTS,CONDITIONS AND RESTRICTIONS Use Restrictions Binding on Eastgate Property. So long as the HomeBase Parcel is used as a general merchandiser selling home improvement items(or has been so used within the past twelve(12) months), no portion of the Eastgate Property shall. (i)be devoted primarily to the sale of hardware; (ii)be devoted primarily to the sale of paint; (iii)be devoted primarily to the sale of garden or nursery items or supplies; (iv)be devoted primarily to the sale or display of mill work products or supplies, including, without limitation, doors or specialty doors, custom kitchens, kitchen cabinetry, custom cabinetry, counters or countertops; or(v)be used for the operation of a "home improvement store." As used herein, the term "home improvement store" shall mean a store devoted primarily to the sale of home improvement items such as lumber, hardware, paint, gardening supplies, lighting, custom cabinetry, kitchens and millwork. 2 Use Restrictions Binding on HomeBase Property. So long as the Theatre Parcel is used to operate as a movie theatre(or has been so used within the past twelve(12) months), no portion of the HomeBase Property shall be used for the purpose of operating a movie theatre 3 Use Restrictions Binding on Shopping Center. No portion of the Shopping Center shall be used for any of the following uses or purposes -2- 9f'ti1(AM OC IfME0fW88 0-33I/02-06-9t,/cd • (a) Any public or private nuisance. (b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness(other than noises typically associated with a home improvement store or a theatre/cinema). (c) Any excessive quantity of dust, dirt, or fly ash. (d) Any fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks. (e) Any assembly, manufacture, distillation, refining, smelting, agriculture or mining operations. (f) Any mobile home or trailer court, labor camp,junkyard, stock yard or animal raising. (g) Any drilling for and/or removal of subsurface substances. 0) (h) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for such purpose. (i) Any mortuary or similar service establishment. • O (j) Any commercial laundry or dry-cleaning plant;provided, however, this prohibition shall not be applicable to any premises if oriented to pick up and delivery by the ultimate consumer and there are only nominal on-site supporting facilities. (k) Any automobile body and fender repair work. (I) Any flea market, swap meet, "second hand" store or "surplus" store. (m) Any adult book store, any so-called "sin" uses including without limitation nude dancing, pornographic displays, displays of"X-rated" materials or films, massage parlor or off-track betting facility. 4. Retail Use Restriction. So long as the HomeBase Parcel is being used primarily for retail sales purposes,the Shopping Center shall be used primarily for the retail sale of goods, wares and merchandise and for such service establishments as may be common to a first- class shopping center in the same geographic area. For purposes of this provision, movie theatre use shall nct be deemed non-retail and offices incidental to retailing, including banks, barber shops and beauty salons shall not be deemed non-retail. 5. Height Restrictions. Unless otherwise approved by the HomeBase Property Owner, the height of the building constructed on the Theatre Parcel so long as such building is used for theatre or retail purposes shall not exceed thirty-five(35)feet(excluding -3- %()Ihlx),)lX 1NEo/w8870-311/02-06-96/cet ® ® 1 Iob1y, canopy and architectural features on the theatre building such as entry marquees); and the height of the buildings constructed on the Outparcels shall not exceed twenty(20)feet. Unless otherwise approved by the owner of the Theatre Parcel, the height of the building constructed on the HomeBase Parcel shall not exceed thirty-five(35) feet (excluding canopy and architectural features) 6 Undeveloped Building Area. Each of the Outparcels shall be paved and marked as a parking area until such time as the commencement of construction of a building on suc I Outparcels • 7 Site Plan Restrictions The Shopping Center must be developed in accordance with the Site Plan Without limiting the foregoing, all buildings and other structures • mu5 t be built within the building envelopes ("Building Envelopes") shown on the Site Plan and shall not exceed the maximum square footages designated for such buildings on the Site Plan, and '•j no changes shall be made to the parking spaces, driveways, service drives, entrances and exits 1 v-4 from the layout thereof shown on the Site Plan without the prior approval of the owner of the GHomeBase Parcel and the owner of the Theatre Parcel. Any revisions, modifications or other CV charges to the Site Plan shall require the prior approval of the owner of the HomeBase Parcel and the owner of the Theatre Parcel and the standards applicable to such consent are more fully • described below Until the tenth anniversary of the date of this Declaration any of the following changes to the Site Plan (i e changes described in(1)through(6)below)shall require the prior apr royal of both the owner of the HomeBase Parcel and the owner of the Theatre Parcel which cor sent may be withheld in the sole discretion of such owners' (1)changes to any of the Building Envelopes within the HomeBase Parcel or the Theatre Parcel, (2)changes to the "Main Access Driveway" (hereinafter defined)which is situated along the boundary of the HomeBase Property and the Eastgate Property, (3)elimination of the access drive to East Valley Highway which is located to the south of the Main Access Driveway and identified on the Site Plan; (4)elimination of the "Service Drive" (hereinafter defined)which is situated along the rear of the building located on the Theatre Parcel or relocation of the Service Drive in any way that could impair the operation, use or enjoyment of the HomeBase Parcel, (5)reduction in any of the parking ratios below those required by this Declaration, or(6)relocation of the main doors to the building i located on the Theatre Parcel (if such building is used for theatre use or any other use other than retail use). any further north than as shown on the Site Plan or the addition of any entrance doors (exits and fire doors being allowed)along the north side of the building located on the Theatre Parcel (this item 6 to terminate and be of no further force or effect if, as and when the Theatre Parcel is converted to retail use unless subsequently converted back to theatre or other use). Any changes to the Site Plan occurring prior to the tenth anniversary of this Declaration which are not described in any of the items set forth in(1)through(6)above and any changes to the Site Plan occurring after the tenth anniversary of this Declaration(whether or not described in any of the items set forth in(1) through (6) above) shall require the prior approval of both the owner of the HomeBase Parcel and the owner of the Theatre Parcel but neither of said owners may unreasonably withhold or delay their approval of such changes. Notwithstanding the foregoing, any changes to the Site Plan required by the City of Renton in connection with the initial proposed development of the Theatre Parcel ("City Required Site Plan Changes")which are not otherwise described in any of the items set forth in (1)through (6) above shall not require the approval of the owner of the HomeBase Parcel although said owner shall be entitled to notice thereof In -4- ve,,,16e N ev(X'I!MEO/W K87U-3 31/02 116_%%/ICI FEE 07'96 11 :09 FR TO 15037962900 P.02/03 addition,if the building located on the Theatre Parcel is changed from theatre use to retail use, then(i)such building may be expanded to the east beyond the Building Envelope shown therefor, but not further east than the front building line of the existing building located on the HomeBase Parcel; provided, however, that as a condition to such expansion the Eastgate Property Owner must mitigate, to the satisfaction of the HomeBase Property Owner, any impairment to the visibility of the identification sign located on the south devation/east end of the building located on the HomeBase Parcel, and(u')the maximum total permissible building square footage of the building on the Theatre Parcel may be increased from 56,896 square feet to 92,000 square feet. 8. Restrictions Limiting Construction Interference. During any period of construction of any improvements on the Shopping Center, all reasonable measures shall be taken by the constructing owner at its cost to minimize any impact that construction may have upon the use and/or operation of the remaining property in the Shopping Center,inel using, without limitation, dust and noise abatement and interference with ingress, egress or access to the `") remaining property in the Shopping Center. 9. Parking Ratio and Standards. The HomeBase Property and the Eastgate Property shall each contain parking sufficient to accommodate all patrons, guests,invitees, C4employees, vendors and other visitors to such properties. The parking areas within the HomeBase Property shall always contain at least four and one-tenth(4.1)parking spaces for .'7) so-called standard size American automobiles for each one thousand(1,000)square feet of floor area in the HomeBase Property, and driveways and footways incidental thereto, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit. The parking areas with the Outparcels shall always contain at least four and one-tenth(4.1) parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto,for each one thousand (1,000)square feet of floor area in such Outparcel, or such greater number of spaces as may be required by any applicahir governmental regulation,code, special use or other zoning permit. As long as the Theatre Parcel is used to operate a cinema,the parking areas with the Theatre Parcel shall always contain at least one(1)parking space for every four(4)seats in the movie theatres located within the Theatre Parcel and driveways and footways incidental thereto,or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit, provided, however, if applicable law permits one(1)parking space for more than four(4)seats in the theatres,then the parking within the Theatre Parcel may only be reduced to what applicable law permits if the reduction will result in no impact on parking within, or use of the HomeBase Property. If the Theatre Parcel is used for retail(as opposed to movie theatres)then the parking areas within the Theatre Parcel shall always contain at least four and one-tenth(4.1)parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto, for each one thousand(1,000)square feet of floor area in such parcel, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit. -5- 96016009 CC1I1 ECVW1570-331/-07-96/c1 addition, if the building located on the Theatre Parcel is changed from theatre use to retail use, then(i) such building may be expanded to the east beyond the Building Envelope shown therefor, but not further east than the front building line of the existing building located on the HomeBase Parcel; provided, however, that as a condition to such expansion the Eastgate Property Owner must mitigate, to the satisfaction of the HomeBase Property Owner, any impairment to the visibility of the identification sign located on the south elevation/east end of the building located on the HomeBase Parcel, and (ii)the maximum total permissible building square footage of the building on the Theatre Parcel may be increased from 56,896 square feet to 92,000 square feet. 8. Restrictions Limiting Construction Interference. During any period of construction of any improvements on the Shopping Center, all reasonable measures shall be taken by the constructing owner at its cost to minimize any impact that construction may have upon the use and/or operation of the remaining property in the Shopping Center, including, without limitation, dust and noise abatement and interference with ingress, egress or access to the remaining property in the Shopping Center. 9 Parking Ratio and Standards The HomeBase Property and the Eastgate Property shall each contain parking sufficient to accommodate all patrons, guests, invitees, 1 1, employees, vendors and other visitors to such properties. The parking areas within the • C; HomeBase Property shall always contain at least four and ninety-four one-hundredths(4.94) parking spaces for so-called standard size American automobiles for each one thousand (1,000) square feet of floor area in the HomeBase Property, and driveways and footways incidental G thereto, or such greater number of spaces as may be required by any applicable governmental C�1 regulation, code, special use or other zoning permit. The parking areas with the Outparcels shall always contain at least five(5) parking spaces for so-called standard size American automobiles, CC Q') and driveways and footways incidental thereto, for each one thousand (1,000)square feet of floor area in such Outparcel, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit. As long as the Theatre Parcel is used to operate a cinema, the parking areas with the Theatre Parcel shall always contain at least one(1) parking space for every four(4) seats in the movie theatres located within the Theatre Parcel and driveways and footways incidental thereto, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit; provided, however, if applicable law permits one(1) parking space for more than four(4) seats in the theatres, then the parking within the Theatre Parcel may only be reduced to what applicable law permits if the reduction will result in no impact on parking within, or use of, the HomeBase Property. If the Theatre Parcel is used for retail (as opposed to movie theatres)then the parking areas within the Theatre Parcel shall always contain at least five(5) parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto for each one thousand (1,000) square feet of floor area in such parcel, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit. -5- y64i16009 cK 1/mE()/wKx7d-3ilni24)6-•>ovt.cf EASEMENTS 10. Reciprocal Driveway Easement. In connection with the development of the HomeBase Property, the HomeBase Property Owner constructed a driveway which is located or both the HomeBase Property and the Eastgate Property and is shown on the Site Plan as, and herein called "Main Access Driveway." There is hereby granted and established to and for the benefit of the romeBase Property Owner and its invitees, agents, tenants, servants, visitors and licensees(collectively, the "HomeBase Permitted Users"), a perpetual non-exclusive easement appurtenant to the HomeBase Property for ingress to and egress from the HomeBase Property ard for driveway use only, to pass over and through and use that portion of the Main Access Driveway located on the Eastgate Property There is hereby granted and established to and for the benefit of the Eastgate Property Owner and its invitees, agents, tenants, servants, visitors and licensees(collectively, the "Eastgate Permitted Users"), a perpetual non-exclusive easement appurtenant to the Eastgate Property for ingress to and egress from the Eastgate Property and for driveway use only, to pass over and through and use the portion of the Main Access Driveway located on the HomeBase Property; provided, however, that the Main Access Driveway may not be used by the Eastgate Permitted Users for construction access in connection with any development of or on the Eastgate Property or by the HomeBase Permitted Users for construction access in connection with any development of or on the HomeBase Property. The owner of the HomeBase Parcel shall at all times maintain the Main Access Driveway in good condition and good repair. G The Eastgate Property Owner shall at all times maintain, at its sole cost and expense, a commercial general liability insurance policy with a financially responsible insurance company, covering the activities of the Eastgate Property Owner, the Eastgate Property Owner's agents, contractors, subcontractors and employees, and the other Eastgate Permitted Users on or upon the Main Access Driveway. The endorsement to such insurance policy shall evidence that such insurance policy (a) shall have a per occurrence limit of not less than One Million Dollars ($1,000,000)and an aggregate limit of not less than Two Million Dollars($2,000,000), (b) shall name the HomeBase Property Owner and, so long as HomeBase or one of its affiliates, subsidiaries or its parent company has an interest in the HomeBase Property, Waban Inc., a Dc!aware corporation, as additional insureds, as their interest may appear, (c) shall be primary and noncontributing with any other insurance available to the HomeBase Property Owner or Waban Inc , (d) shall contain a full waiver of subrogation clause, and (e) shall cover the indemnity obligations of the Eastgate Property Owner set forth below in this Paragraph 10. The Eastgate Property Owner shall, from time to time, upon the request of the HomeBase Property Owner, deliver to the HomeBase Property Owner certificates of insurance evidencing its compliance with the insurance requirements of this Paragraph 10 The HomeBase Property Owner shall at all times maintain, at its sole cost and expense, a commercial general liability insurance policy with a financially responsible insurance co npany, covering the activities of the HomeBase Property Owner, the HomeBase Property -6G - 9(,I11MM19(x:1/P4O/W88'0-i31/02-06-96/cet • Owner's agents, contractors, subcontractors and employees, and the other HomeBase Permitted Users on or upon the Main Access Driveway, the Service Drive and the "Sign Easement Area" (as defined in Paragraph 12 below). The endorsement to such insurance policy shall evidence that such insurance policy(a) shall have a per occurrence limit of not less than One Million Dollars (S 1,000,000)and an aggregate limit of not less than Two Million Dollars(S2,000,000), (b) shall name the Eastgate Property Owner as an additional insured, as its interest may appear, (c) shall be primary and noncontributing with any other insurance available to the Eastgate Property Owner, (d) shall contain a full waiver of subrogation clause, and (e) shall cover the indemnity obligations of the HomeBase Property Owner set forth below in this Paragraph 10. The HomeBase Property Owner shall, from time to time, upon the request of the Eastgate Property Owner, deliver to the Eastgate Property Owner certificates of insurance evidencing its compliance with the insurance requirements of this Paragraph 10. Notwithstanding anything to the contrary contained in this Paragraph 10, so long as the HomeBase Property Owner is HCWA Realty Corp , or any affiliate or subsidiary of Waban Inc., a Delaware corporation, or any successor thereto through merger, acquisition or otherwise, and so long as the HomeBase Property Owner or its parent has a net worth of at least One Hundred Million Dollars($100,000,000), the insurance requirement of the HomeBase Property Owner contained in this Paragraph 10 may be satisfied by any plan of self- ; insurance from time to time maintained by the HomeBase Property Owner or its parent. The Eastgate Property Owner agrees to and shall indemnify, defend (with counsel reasonably satisfactory to the HomeBase Property Owner)and hold harmless the HomeBase 1 Property Owner and its respective employees, agents, representatives, subsidiaries, contractors, subcontractors and affiliates(collectively "HomeBase Property Driveway Indemnitees") from and 1 X against any and all Claims which any of the HomeBase Property Driveway Indemnitees may suffer arising out of, relating to or in any way connected with the use and exercise of the Main Access r i Driveway easement granted to the Eastgate Permitted Users as set forth in this Paragraph 10. ff; The HomeBase Property Owner agrees to and shall indemnify, defend (with counsel reasonably 0 satisfactory to the Eastgate Property Owner) and hold harmless the Eastgate Property Owner and • C its respective employees, agents, representatives, subsidiaries, contractors, subcontractors and tZ affiliates(collectively "Eastgate Property Driveway Indemnitees") from and against any and all 7 Claims which any of the Eastgate Property Driveway Indemnitees may suffer arising out of, relating to or in any way connected with the use and exercise of the Main Access Driveway and the Service Drive easements and the signage easement granted to the HomeBase Property Owner and/or the HomeBase Permitted Users(as the case may be) pursuant to the easement grants set forth in Paragraph 10, Paragraph 11 and Paragraph 12. For purposes of this Declaration, the term "Claims" shall mean any and all actions, suits, causes of action, and/or claims for bodily injury and/or property damage, costs and expenses, including, without limitation, reasonable attorneys' fees and costs The Eastgate Property Owner may elect to carry a commercial general liability insurance policy covering the entire Main Access Driveway and meeting the requirements of the insurance policy and all other insurance requirements set forth in this Paragraph 10 above, for the benefit of both the Eastgate Property Owner and the HomeBase Property Owner. If the Eastgate Property Owner makes such election, it shall do so in writing and shall thereafter have Cie 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 Property Owner -7- 96016009 OC I MtE0/W8870-331/02-06-96/cc1 NCI I C • of evidence of the payment of such premium; provided, however, that the HomeBase Property Owner shall have no obligation to pay more than Five Hundred Dollars($500.00)(US 1996 Dollars) per year for its share of the premium for such policy. 11. Service Drive Easement. In connection with the development of the Theatre Parcel, the Eastgate Property Owner shall be responsible for designing and constructing a service drive to be located at the rear of the Eastgate Theatre Parcel in the location depicted on the Site Plan. Such service drive is designated on the Site Plan as, and herein called "Service Drive." The Eastgate Property Owner shall construct the Service Drive in accordance with plans and specifications of the HomeBase Property Owner for the service drive on the HomeBase Parcel which have been previously provided; and the Eastgate Property Owner shall maintain the Service Drive, at its sole cost and expense, in good condition and in good repair. The Eastgate Property Owner shall be entitled to receive from the HomeBase Property Owner upon completion of the Service Drive an amount ("Increased Amount") not to exceed Ten Thousand Dollars ($10,000) toward the cost of the initial installation of the Service Drive. The Increased Amount represents the incremental increase in the cost of the Service Drive to construct in accordance with plans of the HomeBase Property Owner rather than the Eastgate Property Owner's standard plans. The Eastgate Property Owner hereby grants for the benefit of the HomeBase Property Owner, its tenants, subtenants, agents, contractors, subcontractors and employees, a perpetual non-exclusive easement appurtenant to the HomeBase Property to be used solely for the purpose (A^ of allowing service vehicles, including trucks, to pass over and through the Service Drive as a means of access to and from Lind Avenue. CZ 12. Pylon Sign Easement The Eastgate Property Owner hereby Yg p y grants to the 0 HomeBase Property Owner an easement appurtenant to the HomeBase Property for signage purposes over the portion of the Eastgate Property designated on the Site Plan as "Sign Easement Area" to maintain an existing pylon sign and all systems necessary for its operation. The Eastgate Property Owner shall have no rights to use such sign or any replacement sign. The HomeBase Property Owner shall maintain the sign in compliance with applicable laws, and cannot increase it in height or width without the consent of the Eastgate Property Owner. This easement shall continue for the term of this Declaration and for so long afterwards as such easement is utilized for the above-described purposes. MISCELLANEOUS 13. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title, or interest in, or to any portion of the HomeBase Property, or the Eastgate Property is, and shall be, conclusively deemed to have consented and agreed to every covenant, condition, restriction ann easement contained herein, whether or not any reference to this Declaration is contained in th,!instrument by which such person acquired such interest. 14. Duration of Declaration. This Declaration shall continue in full force and effect for sixty (60)years and is binding on all owners and occupants of the HomeBase Property and the Eastgate Property; provided, however, that all easements granted in this Declaration shall -8- 96016009 OC 1/MEO/w8870-331/02-06-96/ccf coltinue in perpetuity except for the sign easement which shall have a term as set forth in Pal agraph 12. 15 Amendment to this Declaration. This Declaration may not be amended to modify or eliminate the covenants, conditions or restrictions contained herein without the prior written approval of the owner of the HomeBase Parcel, and the owner of the Theatre Parcel and any attempt to do so shall be void and have no effect. 16. No Covenant to Operate. Nothing contained herein shall be construed to be a covenant to operate or to do business within the Shopping Center and the parties expressly disclaim any such duty 17. Severability. Every provision of this Declaration is intended to be see erable If any term or provision hereof is declared by a court of competent jurisdiction to be illegal or invalid, such illegal or invalid term or provision shall not affect the balance of the terms anc provisions hereof, which terms and provisions shall remain binding and enforceable 18 Captions. Any captions to or headings of sections of this Declaration are solely for convenience, are not a part of this Declaration, and shall not be used for the int(rpretation of or determination of the validity of this Declaration or any provision hereof C*) 19 Release from Liability. A person or entity shall be bound by this • cr Declaration only during the period such person or entity is the fee or leasehold owner of any property which is subject to this Declaration, except as to obligations, liabilities and responsibilities that accrue during said period. Although persons or entities may be released under this paragraph, the covenants and restrictions in this Declaration shall continue to be benefits to 47) and servitudes upon said property running with the land. 20. Notices Any notice, request, demand, instruction or other communication required by this Declaration to be given to any owner, including, but not limited to, a notice of assessment, shall be in writing and shall be either(a)personally delivered by a commercial messenger service,regularly retaining receipts for such delivery, (b) sent by registered or certified mail, return receipt requested, or(c)delivered by the air courier services known as Federal Express, Express Mail, Airborne, or Emery Air, and such notice shall be effective upon delivery thereof to the owner being given notice, and shall be addressed to the owners as listed below(or their successors or assigns as may be reported in writing in accordance with this paragraph): To Eastgate Property Owner Eastgate Theatre, Inc. do Act III Theatres 919 S.W. Tailor, Suite 900 Portland, Oregon 97205 Attention: Mr. Walt Aman, President Telephone: (503) 221-0213 Telecopy (5C3)228-5032 -9- 96016(N)9 OC 1/MEO/W 8870-331/02-06-96/cef To HomeBase Property Owner HomeBase .•• 3345 Michelson Irvine, California 92715 Attention: Vice President Real Estate Telephone (714)442-5000 Facsimile: (714)442-5120 With a copy to: Waban One Mercer Road Natick, Massachusetts 01760 Attention: Vice President - General Counsel Telephone: (508) 651-6500 Facsimile: (508)651-6623 If an owner desires to change its address for the purpose of receipt of notice, such notice or change of address shall be given in the manner specified herein. However, unless and until such written notice of change is actually received, the last address and addressee as stated by written notice, or provided herein if no written notice or change has been received, shall be deemed to continue in effect for all purposes hereunder. 21 Breach Shall Not Permit Termination;Notice and Cure Rights It is expressly agreed that no breach of this Declaration shall entitle any owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or remedies which the owners may have by reason of any breach of this Declaration. No owner shall be deemed in breach of this Declaration unless and until such owner shall have received notice of such breach and thirty (30)days shall have elapsed after such notice without the cure of such breach having been completed. 22 Self-Help Rights Upon the failure by an owner to observe or perform any of the covenants or provisions of this Declaration to be observed or performed by such owner, where such failure shall continue for a period of thirty(30) days after written notice from a non- breaching owner to the breaching owner of such failure, an owner may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of the breaching owner, and any amount paid or any contractual liability incurred by the non-breaching owner in so doing shall be deemed paid or incurred for the account of the breaching owner, and the breaching owner shall reimburse the curing owner for the cost of cure, provided that an owner may cure any such default as aforesaid prior to the expiration of said thirty-day period but after notice to the bn eching owner, if the curing of such default prior to the expiration of said thirty-day period is reasonably necessary to prevent injury or damage to persons or property 23. Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust ("Mortgage") made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any owner of any portion of the Shopping Center, or any part thereof, who acquires title by foreclosure or trustee's -Io- vr,i)I(009(K'I/) EO/14'(070-33I/U2aM-96/cet .1110111 - s�� sale or by deed in lieu of foreclosure Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any owner in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Declaration; provided, however, that said Mortgagee shall have, prior to the time of the default, notified the owner giving said notice of default of the Mortgagee's interest and mailing address. In the event that any notice shall be given of the default of an owner and such defaulting owner has failed to cure or commence to cure such default as provided in this Declaration then and in that event the owner giving such notice of default covenants to give such Mortgagee(which has previously given the above stated notice to such owner) under any Mortgage affecting the Parcel of the defaulting owner an additional notice given in the manner provided above, that the defaulting owner has failed to cure such default and such Mortgagee shall have thirty(30)days after said additional notice to cure any such default, or, if such default cannot be cured within thirty(30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time thereafter Giving of any notice of default or the failure to deli rer a copy to any Mortgagee shall in no event create any liability on the part of the owner so dec aring a default 24. No Partnership. Neither this Declaration nor any acts of the owners shall be c eemed or construed by the parties hereto, or any of them, or by any third person, to create the rela ionshipof principal and agent, or of partnership, or of joint venture, or of any association .-� P P B P P. i^ between any of the owners to this Declaration. • C' 25 Governing Law. This Declaration and the obligations of the owners her under shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington 26. Consent In any instance in which any owner shall be requested to consent to or approve of any matter with respect to which such consent or approval is required by any of the provisions of this Declaration, such consent or approval or disapproval shall be given in writing 27 Estoppel Certificate Each owner hereby covenants that within a reasonable period after written request of any other owner, it will issue to such other owner or to any prospective Mortgagee, or purchaser of such owner's parcel an estoppel certificate stating: (a) whether the owner to whom the request has been directed knows of any default under this Declaration and if there are known defaults specifying the nature thereof, (b) whether to its knowledge this Declaration has been modified or amended in any way(and if it has, then stating the nature thereof), and (c) whether to the owner's knowledge this Declaration as of that date is in full force and effect 28 Waiver of Default No waiver of any default by any owner shall be implied from any omission by any other owner to take any action in respect of such default if such default continues or is repeated No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver One or more written waivers of any default in the performance of any term, provision or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent -11- 96016009 OC I NEO/W?58 70-3 31/02-06.9Mee 1 • • default in the performance of the same term, provision or covenant or any other term, provision • or covenant contained in this Declaration The consent or approval by any owner to or of any act or request by any other owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any owner by this Declaration shall be deemed to be cumulative and no exercise of any one of such rights or remedies shall be exclusive of any of the others, or any other right or remedy at law or in equity which any such owner might otherwise have by virtue of a default under this Declaration, and the exercise of one such right or remedy by any such owner shall not impair such owner's standing to exercise any other right or remedy • 29. Counterparts This Declaration may be signed in multiple counterparts each of which shall be deemed an original and which when signed by all parties, shall constitute a t inding agreement 30. Annexation Parcel. If Eastgate or any person or entity controlling, controlled by or affiliated with Eastgate acquires all or any part of the "Annexation Parcel" which is delineated on the Site Plan and is legally described on Exhibit "D" attached hereto by this # reference incorporated herein("Annexation Parcel"), the Annexation Parcel shall be automatically annexed hereto, making the Annexation Parcel subject to each of the terms and conditions of this Declaration and benefitted by the easements appurtenant to the Eastgate Property. Thereupon, t.ie Annexation Parcel shall be deemed to be an "Outparcel" for purposes of this Declaration and mall be part of the Shopping Center. r-4 31 Deannexed Parcel If, as part of Eastgate's acquisition of the Annexation NParcel, Eastgate conveys title to the "Corner Parcel" labeled as such and shown on the Site Plan, then the Corner Parcel shall be automatically deannexed from this Declaration and shall no longer be subject to the terms of this Declaration and shall no longer benefit from any easements herein • granted, all such easements being terminated upon Eastgate's acquisition of the Annexation Parcel 1 QUITCLAIM 32. Quitclaim of Parking Easements. The HomeBase Property Owner and the Eastgate Property Owner hereby acknowledge and agree that the parking area within their respective property shall be sufficient to service all parking needs of the improvements within their respective property and that they intend that no parking easements whatsoever over either the HomeBase Property or the Eastgate Property shall exist. To carry out that intention HomeBase hereby quitclaims to Eastgate those certain parking easements over the Eastgate Property which were created in Article 4, Section 4 1 entitled "Grant of Easements" for the parking of motor N.•ehicles in that certain Reciprocal Easement Agreement with Covenants, Conditions and Restrictions recorded June 30, 1992 as Instrument No. 9206302702 ("REA"), and Eastgate hereby quitclaims to HomeBase those certain parking easements over the HomeBase Property hich were created in Article 4, Section 4.1 entitled "Grant of Easements" as relates to easements for the parking of motor vehicles in the REA This quitclaim shall not affect the other easement grants contained in Article 4 of the REA The parties agree that if separate quitclaim deeds are -12- w,I)1 MN19 OC 1/MEO/W88711-33 I/024A-96/cef required to legally effectuate the conveyance described in this Paragraph 32, they will so execute such separate quitclaim deeds to carry out the purpose described above. 33. Related Agreement Substantially concurrently herewith, Eastgate and HomeBase have executed and recorded a First Amendment to Reciprocal Easement Agreement which amends a Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated June 30, 1992, recorded in the Official Records of King County, Washington, under Fee No. 9206302702 (such agreement and amendment being herein referred to as "REA"). The parties hereto acknowledge that some provisions in this Declaration conflict with or are inconsistent with the REA and some provisions are more burdensome than similar provisions in the REA The parties hereto agree that although the REA is in force and effect, those provisions in this Declaration which are inconsistent with, conflict with or are more burdensome to a party than provisions in the REA(including, without limitation, Paragraph 7 and Paragraph 9)shall supersede, control and prevail over any provisions of the REA addressing the same subject matter /// /i/ /// • O C, -13- 96016009 OC I/MEO/W 8870-33 I/02-06-96/ce( • IN WITNESS WHEREOF,the and have executed this Declaration as of the date first set forth above. "EASTGATE" EAS t ATRE, INC., Oregon co . 1 By: All AA Li Nam•Invireiti �' t�•. Title: "HOMEBASE" HCWA REALTY CORP., a Washington corporation By: Name: Title: By: Name: Title: a, (T� nt tD -14- 96OI OOy OC1/ EO/W8870-331ro2-06-96/ce • I- IN WITNESS WHEREOF,the undersigned have executed this Declaration as of the date first set forth above. "EASTGATE" EASTGATE THEATRE, INC.,an Oregon corporation By: Name: Tide: * "HOMEBASE" HCWA REALTY CORP., a Washington corporation By: lik)/-kA144- Name: and J.W rger Title: Senior Vice P ident By: 4; Name: r�Ur .T. S►lk, Jr Title: Authorized Signatory co -14- 46016009 OC I/T 1EO/WBx7n_3 3 I ro2-06-96/cec COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX ) On PthMO 1t 191► , before me, E. , a Notary Public in and for said state, personally appeared Edward J.Weisberger, sonally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the -'•., his/her authorized capacity, and that by his/her signature on the instrument, the per '(3,0 ..' ' entity upon behalf of which the person acted, executed the instrument. Q 6 .' / • ; • WITNESS my hand and official seal. D. ' kJ.st.i �• fib~ �p�DUNEE E R„ Notary Public in and for said State 1 d' " '�/ ` /sO WTI/Pu5iC • My '0a�el:mitt 30, 1999 C7 C7 COMMONWEALTH OF MASSACHUSETTS ) O ) COUNTY OF MIDDLESEX ) G0 On Fiiw«,r 1 &lit , before me, L j. C. , a Notary Public in and for said state, personally appeared_ Arthur T Silly Jr , sonally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. \BY • WITNESS my hand and official seal. am i1 "� ; C / .mot ;•., • r �• ^'f; • P'!ry ►-,� P;blic Notary Public in and forsaid State i • ' - V • • -15- %0160)09 OCIMEO/w8870-33I/02-06-96/ccf • a STATE OF b tral.4 C)UNTY OF O L1M ) ss. On FC8l.v 7 if/‘before me, JE�Ck e t a N nary Public in and for said state ersonall appeared PP�� U1. 5, �� , personally kr own to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in hi:Jher authorized capacity, and that by his/her signature on the instru nt, e son, or the entity upon behalf of which the person acted executed the instru ent WITNESS my hand and o al ocFcg.LSEa: No blic in an or said State JACKIE WILKES ) °W eCCMMISS*••= = •cSA.;G CS STATE OF ) ) ss. COUNTY OF r-4 G73 On , before me, a Notary Public in and for said state, personally appeared , personally knc wn to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the enti y upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State -16_ 96016009 OC I/MEO/W 8870-331/02.06-96/cef EXHIBIT "A" LEGAL DESCRIPTION OF HOMEBASE PROPERTY Ii)T 2 OF BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92) , PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NO. 9206302696, RECORDS OF KING COUNTY, WASHINGTON; T)GETHER WITH 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 S)UTH OP THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; T;iENCE NORTH 88 DEGREES 09 MINUTES 51 SECONDS WEST A DISTANCE OF 875.52 FEET, MORE OR LESS TO A POINT ON THE WESTERLY LINL OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BRING 80.88 FEET SOUTH OP THE ORIGINAL NORTHWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 2 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING C)UNTY RECORDING NO. 9511299006) ; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. JO (') m est CD LD CFI EXHIBIT "A" 96016009 OC I/MEO/W8870-331/02-06-96/ccf • EXHIBIT"B" LEGAL DESCRIPTION OF EASTGATE PROPERTY LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92) , PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NO. 9206302696, RECORDS OF KING COUNTY; 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 KNONW AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006) ; cin SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. VI '-i 00 O O Li) EXHIBIT "B" 96016009()C I/MEO/W 8870-3 31 rot-06-96/cef EXHIBIT"C" SITE PLAN [To be provided] C GD EXHIBIT "C" 96016009 OC 1 fMEO/W8870-331/02-06-96/cef // /_ 96020A1398 .��.av'nt i 151 / re eeo.t-.nu "mvort:xix il& Il . ilm t<Tuli MI I Ai 6 Apr ��III i IIII till Ilil A. �-� 1 0 ,I `•"Q _•�� III. \.. i ::: IrcsLbM4i iii \ LEGEND j � 1w MIN ® HOMEBASE PARCEL m.... . A. '41,.. - - '�� __ '�" ® THEATRE PARCEL m a-;,r. _ ,I�. - 04___ ® OUTPARCELS (INCLUDES CORNER n.. � _ -� 0... , OUTPARCEL AND OTHER•w -- -I I _I 1- i i : I' - - OUTPARCELS - mIt ® CORNER OUTPARCEL ITA ilkike r 1- ® ANNEXATI Ntr6E� - � .I _I .1 .1 , 1•" �• 0 PARCEL _ _ I (ONCE ANNEXED IS DEEMED AN r��l'�'111i►� F' �= •: •- - - OUTPARCEL PER PARAGRAPH �4I l . �� l i 31 OF CCdrR S 7 ,�il� .•: �•!. :i ' I';�►-�I�:7 C��;•�II I/tridorririr� �� -I n.....,�r_r..,t ) s i ondh,IA AA 'E�tn_'nAlr''BAR!4�AR`41 ft.1pt0'�� ill„ EXHIBIT "C" — PAGE 1 OF 3 EAST VALLEY H1OHWAY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS • SECTION 30, TAP. 23 N., R. 3 E. 1V1I. OTT OF RENTON, WASHINGTON [Hon] Horton Donnie & Asstat.s, Inc. �_rus COMM "* r HOA JOB NO. 9566.10 ..r -Witnt WALL r 1 "" I aa�or I. .wa Y; atom w.,. ��q °A SHEET: 1 OF: 3 - :, 1 sl ID �zj/ 960208139E � ,I i \•, I�IIII a ••me. a.r -7 U Z f ••� gAl 1 .•. wi,.WW,.WWWWWHIMINWWWH,WIw.- i l m n l It n i l r l . . . . . . . /nmmi•Imemmetnume emih!. �— `-„air 1 . 1 • .�b,n_Imo.. — — — — — - '� W —r Ehhhh1tt2 �tititltit • � . il _ �'• --- _ - _ '\ C LEGEND �>�:z 7 - _= • t MAIN ACCESS DRIVEWAY M'�rt b..d • �_ _ MSS SERVICE DRIVE co 1 . _ = = ® SIGN EASEMENT AREA i = = ti=1 I Li- -= i! i . "'ran-new s .2_ 1711r Irauula_IIII ► t •••••••r-a. v la .rT-ma ! r ll 11111111L1lllll ll� i- wry-ua..4r was waxen AmtA EXHIBIT "Ce- PAGE 2 OF 3 EAST VALLEY HIGHWAY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS • AND GRANT OF EASEMENTS SECTION 30, TV". 23 N., R. 5 E. WM. CITY OF RENTON. WASHINGTON HonHorton Donnlo i Associates, Inc. 00101•11. M; HOA JOB NO. 9566.10 i "a KNOW 6 irr �aR ..COMMom iat rac ....octw. SHEET: 2 OF: 3 - ., %�.... ri: -... . t. . , . i ' a 1:�j/ 96020ti1398 r — —4- z .•. arch ...wort .wo t-,n.r I rwiorort-xapc k in • {II1l11b1Tti1IU1111T1Ji) 1O •_________ •1111111ii ii11If • • • • • • a-�.p ;7; .- p1.1 L.i,p.S1 i - I,_ _et_—_n_—_e3_—_- _J ro,�c - ,rt->voe — I — r ♦�O•-1-•-OLDS= I i - I i `i I lip — \ , • I- --- w,w,n-oar,-- _ - J�:' 'I w . . 7 � ,uiiuii, •1I1111111 k / �_ I— Ell .1'._____.1. G LEGEND m Ho _ L BUILDING ENVELOPE Y rwid,Yt-ram' 4` D _ - -r.aft,•-mar ♦ m I r ^ 1' ffs M7fMt-MAW ^ I r J ir - nri : . ♦ • Slam-am' . E al -- 12 Li FM ....4.0!...1 C B }F __H M III 5. i1 I 11111 H I I Ie,t. i r.rr..t-y„• .. _ . EXHIBIT 'C" - PAGE 3 OF 3 EAST VALLEY HIGHWAY DECLARATION OF COVENANTS, mimosaPVRIF manioc souARr HnOTArf CONDITIONS AND RESTRICTIONS BUILDING ON THEATRE rAP . s4BsI sal FT.; F BUILDING USE Is AND GRANT OF EASEMENTS CHANCED TO RETAIL USE. 92000 SO. FT. • BUILDING ON /1011EBASE PARCFL_111,640 SO. FT. SECTION 30, TWP. 23 N.. R. 5 E. WM. BANDING(S) ON OUTPARMS 6.000 SCLFT EACH (INCLUDING ANNEXATIONCITY OF RENTON. WASHINGTON PARCEL F ANNEXED) HDRHorton Dennis 1 Associstss, Inc. .uan....w.•., a-NM DOM@ '"` /11/10 HOA JOB NO. 9566.10 oa.r. WALL r.ar — •a error Iry .aa I om cocoa* am zi," D-, SHEET: 3 OF: 3 '14 isi1 h , a. - a • EXHIBIT"D" LEGAL DESCRIPTION OF ANNEXATION PROPERTY Lot 6 BURLINGTON NORTHERN,A BINDING SITE PLAN(BSP-014-92), Accorc ing to City of Renton Binding Site Plan Map Recorded June 30, 1992 in Volume 161 of Plats, Pages 8-11 inclusive,As King County Recording No. 9206302696. • c O C c ) (7) • k EXHIBIT`D' 96016009 OC INEG 9VEE70-331/02-06-96#cd WHEN RECORDED RETURN To: Prom ova ofthe City Clerk - EASEMENT P.,.e+i s t zS n_Lp34 2 Realm Mumcigai Building Or.ata{.)N,®• Tiulotby Rs d-,--VP Roo ui.aAHO South [Sidewalk) STR: SFf' ' r] 1, 1t—?3-5 Renton.WA96()SS _ Strcct t :Intersection EAst , , Valley Hghway 5 SW 41sf ST. . Grantor, EASTGATE THEATRE, INC. , S' for and in consideration of Ten Dollars 510.001 and other valuable consideration the receipt of which is hereby S # acknowledged,does by these presents,grant,unto the City of Renton-. a Municipal Corporation.Grantee herein, 1 its successors and assigns, an easement for public purposes with necessary appurtenances over,under,through, across and upon the following described real estate,for Right-of-Way purposes,situated sn the County of King, b State of Washington: I As Shown On Attached Exhibit A 1 ' For the purpose of constructing,reconstructing,ianallingx'repauiuB,replacing,and maintaining a public Right-of t Way. This easement shall run with the land described herein,•and shall be binding upon the parties,their heirs, % I ` successors in interest and assigns from date hereof. 444 4 1 This easement shall tun with the land described herein.and shall be binding upon the parties,their heirs, ` successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and S that they have a good.and lawful right to execute this agr�t. 1 IN WITNESS WHEREOF, said Grantor has ransrd this instrument to be executed this day 2 of �r�,f•..... 6 , 19 6. I i al App ved and By: �R v yi fr7'�4•, City of enton t 4D BY: ./...f.. 7,,L7-ali--/ :C) Its: M or /C"P+ U i fiCity Clerk : • rrnn p 3 r'� —1 x QiprvmtJpL FORM OF Ac10 owl.EDGMEs t ► y45 1. O ..gorJ _ SPATE OF ) SS mrs o 0 0 - D Vf t c• .1 OF- -Mu.++P'4 4+l ) i I certify ••.. I know or have satisfacto • '• •• ttla rein R`�er-44,_ is the person who appeared before me,and said person ..•••.• [edged that(he/she) i a:-• this instrument and acknowledged it to be(his/her)free and voluntary act far the uses and ., ••-.. mentioned in the • us nt_ Dated tee.' .e m• L I Q4(Q ` .\ \ .* w.. .. 1 Notary .••lie m and for the State c :et . • SSt u kk3�� p 1, SAN'Dl,A M, ' �.irrn of _ •,.... residing at NOTA;T Fora.:;,•C. ru Notary(print): ,,.t s� ` 11 , •. W 4 ( - I { "='j;" , My appointment esp lA Ci�t l l o2OCx REPRESENTATIVE FORM OF ACIGNOWLEDGMEN ilpr- STATE OF W ASHINGTON ) }-SS COUNTY OF KING ) • I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the r of to be the free and voluntary act of such 1 party/parties for the uses and purposes mentioned in the instrument. s Dazed s •• Notary Public in and for the State 1 of Washington residing at } Notary(print): My appointment expires: ORe 6Ok CORPORATE FORM OF AC$,`rowlEDG t r: STATE OF `l�� ) ! yy SS • COUNTY OF fCt'1 y I I a It u> ) Oa this (o day of. 0P.,niiitr19 q(0,before me personally appeared V to me brown to . be u U._st c.� corporation that executed the withinnastrument, and acknowledge the said instrument to be the free and voluntary act and deed of said porporanon,for the uses and purposes therein mentioned, and each on oath stated that he/she was uuhnr17ed to execute sate instrument the the seal affixed is the corporate seal of said :::. ..., ��\ y corporation. �� • ft ,` `��`SEAL Notary lie in and for the State of W�4,;^si�1' Qrto. J t sue. . SANDRA� aLiC• EC-C re Aye. U 1 I �J.r �' NGIA=.V PlrcLtC•CriC•^?l j�iotary,(Pisn[)�1�-��--/1��,�,�n CO0gd1S3WN NC.L'.a1ea My aPP ent al)� I�'12faDD • 1 ►�+aottt�ss oN rx raEs.^t t�,2000 i 01 et ..1 tT at c t0 C, 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 (St-RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180, UNDER RECORDING NO. 9511299006, RECORDS OF KING COUNTY, WASHINGTON. SAID LOT 3 BEING A PORTION OF SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN. c I G. 47 Krc _f I 1707'Y j E7CPI^E9 9 J 25/ 7 grwi Q? Cr 7: 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland • Wenatchee • Berrien • WHEN RECORDED RETURN TO: • Office of the City Clerk Utilities Project Fdc• Acr ill /'ir:47Z/ Rentoo Municipal Building EASEMENT Parcel Tax M Account s 12536-0030 �, Teo MIL Avenue South Grantor(s)Nurse T»� Reed, V.P V.P. Renton,WA 9®DSS RISQ Sec_ 3Q 31-2.3-5 ��[[ E. Kn.lei iiwy. X Stu 4/sr S1 r w Of /P..-60.- 19 9L is THIS INSTRUMENT,made thistday g INC. EASTGATE THEATRE, and x by and between i 1ptrsu prior«trp�e C,. (i)N 0)I • -. • and A I and ' r and +,•. hereinafter called "Grantor(s),"and the CITY OF RENTON, a Municipal Corporation of King County, v Washington, hereinafter called'Grantee." S That said Grantor(s), for and in consideration of the sum of$ l ' d paid by Grantee, and other valuable consideration,receipt of which is hereby acknowledged, do by H these presents,grant, bargain,sell,convey,and warrants unto the said Grantee, its successors and S assigns, an casement for public utilities(including watir,wastewater, and surface water)with necessary . appurtenances over, under, through, across and upon the following described property(the right-of- way)in King County,Washington,more particularly described as follows: i La See Attached Exhibit "A" d' t Vol ' rn . el . 0 Al m m in =• own.. v r -4 RAs x 1. •t i CD a N I 1 • DocuBaNT,011M ANILOYU)BY Utilities Easement offlut CITY ATTORNEY sEPT.24 1992 sheet l of 2 G pRp}7tTT MGMT cimnV9rupel�iw/omtiVtIIfTY IXXJOt, For the purpose of constructing,reconstructing, installing, repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines, including, but not limited to,water, sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities,Grantee may from time to tune construct such additional facilities as it may t require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, Irestore the surface of the easement,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 surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement 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 construction activities on the property which would disturb the compaction or unearth Grantee's facilitidk on the right-of-way,or endanger the lateral support facilities. CD e. Blast within fifteen(15)feet of the right-of-way. d' • ; v'4 This casement shall run with the land described herein,and shall be binding upon the parties,their heirs. COsuccessors in interest and assigns. Grantors covenant that they are the lawful owners of the above en properties and that they have a good and lawful right to execute this agreement. C Signatures of Grantors: • Qj r ez 74 7% /•-e and T and � 11 A and s and I i gp5RESENTATIVE FORM OF ACKNOWLEDGMINT STATE OF 'FAAI-- ) ) SS C. COUNTY OF lidNG M u. \2P 4a..0 �-- I certify that I know or have satisfactory evidence that 1 lYY' ck• signed this instrument, on oat stated the/she/ ey /were authorized to xecute the��trument and acknowledged it as i. the IA Ge of IG�/ id; -i4- ) <tL l'td"bc the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrurpent. Dated \ 1Q tc_ Notary • . . c in and for the State • of • frr_.y:°hiding atg:gC St Wfr`Gk5 CsF Notary(print): S144 ab Rt4- Yhi L04-t 1-e My appointment expires: bhp R.i-Q 13 2.boo ' Utilities Easement Sheet 2 ot 2 Corporate Form claraa/p.opr vna.,.mV ViSLRY DOCJW+ f u""••"•'"""'""• s Horton Dennis&Associates,Inc. . ,, 4:: ' •r,lf 0 HDA ,. -. + Consulting Engineers, Planners& Surveyors LA"9 EXHIBIT A i •'25' q7 WATER LINE EASEMENT I iZ�;Y, LEGAL DESCRIPTION r i 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, WASHINGTON, LYING WITHIN A STRIP OF ILAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEING MORE I 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 t 94 01°50'09" WEST 20.00 FEET TO A POINT ON THE SOUTH LINE OF THAT CERTAIN i tO 15.00 FOOT WIDE WATER LINE EASEMYENT AS SHOWN ON SAID LOT LINE 1 ADJUSTMENT MAP AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH i I?? 01°50'09" WEST 10.56 FEET; THENCE SOUTH 43°09'51' EAST 36.30 FEET; THENCE i .4 SOUTH 01°50'09" WEST 305.92 FEET TO POINT "A'; THENCE CONTINUING SOUTH r 4r1 01°50'09" WEST 78.86 FEET; THENCE SOUTH 43°09'51" EAST 19.21 FEET; THENCE t zap° SOUTH 88°09'51" EAST 172.06 FEET TO POINT "B"; THENCE CONTINUING SOUTH r Qy 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" WEST 334.43 FEET TO THE NORTH MARGIN OF SW 41st STREET AND THE TERMINUS OF THIS LINE DESCRIPTION. i 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 1 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 t THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "C"; THENCE SOUTH 01°50'09" WEST ALONG THE CENTERLINE 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 [N SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE i 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. K 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland • Wenatchee • Burke? . r . . , , • , , ' 1..: II .1 .. • .l 1, . M.,a...•.• I. I 11 / '�: )(1311.1.447) /i 1 ‘ , , , , 0 ..... >_ `. . 1 1 • , w •••4 i::: ' ."'—..\\\\\\:‘ ‘ ri lz 1•111.1 ._ ..7 ,.... .„__. __. ._,,,,,, 1 , , , 1 , < fir- I i i . '.I «. .. — wnn.. • l n' t 1 - -- .i...r.,,,,.1:2:;-... ,,, .. can;: ,,,,'"r....... S.W. 41 ST STREET EASEMENT SKETCH FOR ACT ill THEATERS I WREN RECORDED RETURN TO: WETLANDS PRESERVATION p4ojact: ACT II F Tneater t ' office ortbe city Clerk piD: I25360-0030 i Renton Municipal Building AND MONITORING EASEMENT Grantor.T�rnothy Reed,,YP 200 Mill Avenue South Renton,WA9S055 salt: Sec. 30 & 31-Z3-5 '- etr..t Intar.octton: E. Y a l l ey Hwy 4 $ SW 41st Street . k 1 Grantor, EASTGATE THEATRE, INC. and • tow prim I.tyw a uiavl n.°a.u» , 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 i ingress and egress, over, across, and through the following described real estate situated in the County of !• King, State of Washington: t See Attached Exhibit"A"for Legal Description I I 1 i +" vo p Ko rr1 CO c e, ' Cr' vc; ao m Tn Cr) .n — rn Ch 7'c cA CD — b CD Q� ='' A �, CA IN WITNESS WHEREOF,this instrument is executed this ''/% fday of /o.....,, o o- . 19? 4 In Appro ed and Accept By: CI.) g City of on BY: Its: May "2 City erg l/ i , al t rrut 8 43 . raor>ls'n a Win. S 3 b INDIVIDUAL FORM OF ACIEWOWLEDG' NT ;TA OF C,CHFatv ) SS 70UNTY OF uLt 1.7dma-i-.) 1 'fy that I know or have evidence that is the person who appeared before me. iiad : :• person acknowledged that(he! this instrument sad acknowledged it to be(his/her)free and voluntary tact for . uses and purposes mentioned in the in :)sued a . \q(s Not in and for the State CFACAL SEAL SA •RA MAR WHITE of eliding at S'fr c fi t' f 1x:r66c;•0?°30,4 Notary (print): 34*-D114 vrt A- . u) t rF CAkMN,•,OR NO.CS31fs My appointment expires: cy .0.00 ur CCAt1WSSION-•- • SAFRit u,2CGO REPRESENTATIVE FORM OF'ACKNOWLEDGMENT STATE OF WASHINGTON ) SS .7OUNTY OF KING certify that I know or have satisfactory evidence that signed this instrument, on oath xtated that he/she/they was/were authorized to execute the instrument and acknowledged it as the of -2, to be the free and voluntary act of such ;)arty/parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at • Notary trint): My appointment expires: CORPORATE FORM OF ACKNOWLEDGMENT: STATE OWN Mee— J ) COUNTY OF S1A:Q— M u-l f iA4SS r4 On this IQ day of &f t{ er„L.r , 19' ,before me personally appeared1Erv-r\ l> _ to me known to be LKCV n n of the corporation that executed the withininstrument, and acknowledge the said p•4 instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the ses1 affixed is the corporate seal of said corporation. SANDRA AR WHITE Notary Public in and for the State off t5r {E+• ` � ycl'rY hr� •C cr, Notary (Print) SfsriJ13 -A IrYI I LO t't _ COVit15Si3t:NO.C5.3;a avC YMISS;QvEXpik-5,..RIt 17. My appointment expires Q p 17 206b 1 • Horton Dennis&Associates,Inc. H �� *te- r o�1 , Consulting Engineers,Planners & Surveyors \ruLiao EXHIBIT A EMT= 1tzst q7 WETLAND AREAS , LEGAL DESCRIPTION THOSE PORTIONS OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS Al PAGE 180 UNDER RECORDING NO. 9511299006 RECORDS OF KING COUNT" WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A": COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 01°50'09" WEST 30.00 FEET ALONG THE WEST LINE OF SAID LOT 3 TO THE POINT OF BEGINNING; THENCE SOUTH 88°09'5 " 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 "b"; THENCE ALONG SAID WEST LINE NORTH 28°33'51' EAST 25.04 FEET; THENCECONTINUING ALONG SAID WEST LINE NORTH 01°50'09" EAST 132.63 FEET TO THE POINT OF BEGINNING. PARCEL "a": • OC ALSO COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE ALONG SAID WEST LINE OF LOT 3, SOUTH 28°33'51" WEST 56.94 FEET TO THE POINT OF t7 BEGINNING; THENCE SOUTH 88°09'51" EAST 54.20 FEET TO POINT "B"; THENCE ;Z SOUTH 01°50'09" WEST 104.55 FEET; THENCE SOUTH 43°09'51" EAST 38.68 FEET; C) 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 Ol°50'09" EAST 55.59 FEET TO A POINT ON SAID WEST LINE; THENCE ALONG SAID WEST LINE NORTH 28°33'51" 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 01°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 (206) 822-2525, Fax (206) 822-8758 Kirkland • Wenatchee • Burien I IF __,_— EXISTING BERM �+1: • ! I i MC. �I �. ; E�CIST'VC riETLA`l6 AREA 1 Atoo' i • 4 • 1 1 - /t1 I ,o 'i� 1 ExISr1nG BERM • „..7 , - tisa^_a.sr7! _g;Y�to I - 2--„,.::„..„...___;__.......... . ..„ /,/ ,..•./,-0 1 20, .., .• . , .c:. , , „ „ „.., ., -., ,• . , . : *)\l ,,,.,, it / , �� Ili, t. i 1: 1 /4,_ % / / / / r /r• L 1 7 ii : i, '', . ;//,, 7'.A/ - -. ;! I IL • . � II m r /7 tlln9� . ; r 1.. s _`�k 0 / % // - ` 1 1 I N. di/ t;/ I II 1' i 04 52833'St'VY-2t8.7O' 4 «00/ % t II ;t..' III `• �- ww �// // Afi l i - 1 -�=xmwmaik _ CI�/� ACCESS TC NA TER QUALITY POND /'"a 47,x:3•E { ,'anis1'.CD SEE DETAIL, SHEET 9 / ,' v •I1.1.i l.15 1 ...lei �t 2A�fr 1� WATR •7U.ALiTr POND NO. 3 �sasra _ - L , �� '174. s ` ~ rt.114 FlL ER FABRIC FENCE •sll.542S -_r *71 7 1,4 . , ,.t. ,/7/ , . .:1 F_.;'! - ,•V - ';. ! i?-3 7::) / 7 A:. : -..:r.,;. 1 1 I CA . '-,. 4/• //� / � r o!'. � I PROPOSED DETENTION BA9N / . . .. j .!.: �/ / :. _,, ,..� ,, I1 SEE STORM DRAIN.PLAN g j rr///!�/y/ /Z / i ! LOT 7 Y r /! '// 7//�4/4S1;— r/ %, r �� 1 ( , i ra ; Bi]IDUWG ®I� PLAN '01t �/.�I, �i�// „ �_ ' 33;;)i/'' •, ti i ,BIIBLINGTO1! NO T"1216 f/ 'y/ /`/ / / // / , i,, 1;l- _ I i 4 • �P 1d�o. dig - 9$ / ;✓/ I i , ---EX. 3C' ACCESS EASEMENT ( // /i/..,.43.; ✓. ti = --; .- t i 4. d 1' i�Io��/ham►„- .4f .. • A =F T q I i 'HATE' °JA i l; i _ G.00—T - \\ 4a— — l 10933' CT. 1710 _/ i .-_Sj 02116,`" "I' - To. _ 5 Cn!.rSIG~} - .4-'� / i d BURLINGTON NORTHERN 9 ;0zz‘ FILE fro SSP - 014-92 A BINDING SITE PLAN_ `/ ` " 'z SIGNATURE PAGE /C/�// ?.-M.� • SECTION 30, TWP 23 N. RGE.5 E.WY ' '"'•'� N; 4i•c SECTION 31, TWP 23 N. , ROE.0 E,W.At F� c prouATtnd: CITY OF RENTON KING COUNTY WASMINGTON /`_, ` ..fi INON ALL NSW By TAM ►RISEHTS THAT W[, TUE UNDERSIGNED, E ?ERE IN FIT SIMILE OF THE LAND MUSSY PLATTED, NERLST DECLARE TNIS PLAT AND DtDICAT[TO TN[ ►UREIC/OREvIT, ALL WADS, JASENETS AND MAYS SNOW NEADON WITH TM[RIGIT TO MAIL ALL DIALSNIICESSANI. SAID SLOPES FOR CUTS AND FILLS, ADD TM[NIGHT TO CONTINUE TO DRAIN YID NDAIIS AND NAYS Ov[I AND ACIOSI AMT LOT OM LOTS, WHERE NATO SIGN? TAXI A 11121Li� NATURAL COURSE, IN TNS OAIGINNAL NAIONANLE GRADING OF THE WADS AND NAYS SHORAN KEREON. DEVELO►ID[T OR CONSTRUCTION OF ANT IVROVEMINTI UPON TN; REAL PROPERTY MERSIN PISEO{ LL MA SL IN ACODAOANC!WITH TN! BINDING BUIL;NGYDN AorwEAN RAADA K MA RLD PRONENTIO, GLAC;EI MA DyIAN♦ SITE FLAN APPROVEDED BY TM[ CITY 01 RtNTOM ON IS AND A DELSW'AMI mMORATIDN A DLLAN MM ANL C VNAT ION THE (FINAL PLATE (FINAL PLANNED MITQpPMt ►WVt�iT TM[ CITY Or RIDTOS or//, , 1S_ BF, ��// /y"+ y: // •b• THIS BINDING SITE PLAN AND ALL O/ ITS RSOUIPINENTS SMALL WE Its: Y1GA �.�{ ItS: }'{A4 ItGALLY NTLIUT�IN TN[YITMLE OI DESCRII[D AUANY LROTMEN►ROPERTYRAND ALL PORTIO ACDUIRIMG NS IT.ATS OF MAIMINGTOM) Ot TM[ PROPERTY IN THIS BINDING SITE FL/ARL W A R BUT TO{[SSAO 1y REGUIREMITS OF CITY OF ammo SUSOIVI/l O0 OMDIRANCE. COUNTY O/RING I AIL T IS IS TO CERTIFY TROT ON THIS ,ly DAY OF LOU■OMVIYDN.{131TIFTDATR: I'll, Nitro,' or ►tP3oiELLS -- -, �? I HER[ST CERTIFY THAT TNI/ MINDING SITE ELAN II RASED ON TWT R N[ NOYM S .X[ MST-CAM N-�tii PROPERTY SURVEY Al IS[PARIO Sy BUSH. NORD AND IITCMIMGS, INC., NAILROAD PROPERTIES N ., NE CO R ORA ION THAT LXECVTSO THE AID RECORDED UNDER RING COUNTS 'WORDING W. 9101150005, TRAT TNT WITMIH AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT BEARINGS AND DISTAACES ASS NWOWN COSRICTLY, ASS TKAT THE LOT TO BI THE FRET AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, COYNESS SMALL SI{IT ON TSB GNOUND TOP TN!_LIES AND PURPOSES THEREIN KINTIOMTD, AND ON OATS STATIC. THAT '',A-A., AtT10.Isic, To ERICITTL A MS UMbfT. Ve t40-o, IN WITNESS MMERIOF, SAID CORPORATION MAX CAUSED THIS INSTRUMENT 3}► Y.l. gANU, P.L.I.PICTt St EXECUTED ST ITS PROPER OFFICER TNIS ..24/.1‘ DAY OF A! lfika APPROVALS 1N WITNESS WIREOF, I RAVE HEREUNTO SET MT SAID AID ANFITED PIT ERARIMED AND APPROVED THIS 2.6 DAY OF 5yi, ERRS A.D. OFFICIAL SAL TN!DAY AND TEAR FIRST►NOVI NRITTEN. • •-``WE.. ` • A�Y drfGNNING/WTCb1MG/NIILTC WAX/ n 4.4 Mw., Oil'? F fIA'fF•v • V.1 WELT[ IN AND FOR TN;STATE •, L��A(SMIMGTOI, RESIDING AT S �sN't TUT! OF.VASHIMG7OM) AN�:�� . N pISY';Of KING I� I' _/� EXAMINED AND APPROVED THIS 30 DAY OF J✓N/, 1/92 A.D. T S IS TO C[NTIFY TWAT ON THIS m-77 DAY OF -/ Q _ __ ',2 BEFORE or PE11OYGLLY J'LCQ_s'�'C (. L-4OCk ' ....� AWSSYYi/OORS 1V1y WIS{OR M M TO T M 'GLACIER PART COMPA- NY, THE CORPORATION TNA if D Y THIN AND ►OREGOING IN- STPVNLNT, AND ACRMON LLDG EO SAID INSTRVM[MT TO SE TX[ FREE AND 1 VOLUMTARY ACT AND DIED OF SAID CORPORATION, FOR TN[ USES AND ie4PlOcSES TM[N[IM N[NTIOP[D, AND ON OATH STATED THAT PISutl pTSrr+vr'I LSCTIrt .Tf; AMMONIUM TO �NUAW'. I QUERY CERTIFY TEAT ALL►POPERTY TAIL A A PAID, TUT TREAT E NO DELINQUENT WRCIAL ASSESAMENTS CTIFI TO TNI/ OFFICE FOR IRA WITNESS YIHOAtOF, SAID CORPORATION RAI CAUSED TNIS INSTRUMENT COLLCLTIOP, AND TKAT ALL SPECIAL ER ED FO ANSLSKITS, CERTIFIED TO TRIS ""I[ __EXECUTED SY ITS PROPER OFFICER THIS N2 BASH' DAY OF OFFICE FOR STRISTON OM ANY OF Tilt ►ROPSRTY MEIN CONTAINED, I / fs / 1f1J. N PULL DEDICATES IT-F,ITB DAA or -1 ., OTTER 1 c w:, ARE PAID C 1N YITS[SS TOMOI, I PAVE YL[UNTO ITT NY MAID AND AFF1IW MI/ ��NN •-•OFFICIAL REAL ENE DAY AND 1IAA FIRST ABOVE NRIT'ER MFI. O =OF FIAANCI VA1111)1//E/v - o `1 MOT 1' IL BLIC N AID MOP 7TA E. DIRICNR, .14z1 i RI �'' f �,�O L W CR J�f�NINGTOM, RIDI AT On2 OF/INYCI 4L OPTICS'0S►TRANCE '•,• • LiR �{P'- ••..h� ,.:• iszk (f ,/ 'T DIIKTQR OS FILKC2 ASNIM�GTUR m. PARrtr I OEM?COMET TEAT TIED L D I LOm A NO DSNGOT WBCIAL ASSTS /��R AND TEAT ALLSPICIAr LESSONS CERTIFIED A TQ CET'TREASUU N Y I ■ENTON PORTION , Al PIT FLAT liUOOEDED IN SOLOS? IDS LLOF PLATS, mw ANY ►ROFER'TWIN CONTAINED DEDICATED ►ORTIel,SE IC M IN , PAGES 12 AND 13, IACOND/or KING COUFFT, DSIQINW AN FOLLOWS; BLOCK 2; LOTS I, 2, 1, /, 7 AND I( AND LOT 2 OF CITY OP"I TON"----- / LOT LINE ADJVPTIERT No.. .•A-01/-SS, RECORDED UNDER LINO COUNTY _ C/K/Z RICOSDING NO, SSO111S001; 7 ICI 0I FIRANCI TOGETHER WIT! T10SS PORTIONS OF RAILROAD NIGHT-OF-RAT LYING ADJACENT TO LOTS 1, 2, 1, 4, 7, I AND ► IN PLODS 2, AS /MOW ON THE PLAT OI BURLINGTON NON7 W ORILLIA IRDVNTLIAL PANS OF RDTOM PNTOSnTNG roorrriCATI: DIVISION I, AS PER PLAT RECORDED IN VOLUU 105 01 PLATS, PAGE 12 AND 13, SRCOSDI 01 LING COUNTY; TILED FOR RECORD AT TOR MOST? OF THE CITY HP RENTO■ TMIS DAY OF , 1+ , AT MINUTES PAST CITY D COUNTY SITUATE IN TII OF RTON, COY OF LINO, STATE OF MASKING- EVE-[F13EDED IN� SD b E —L - or , SAGY TOP. LOMOo of SING COUNTY, MAIIS'. • P6=1• DIVISION OF SSLLMDI AND DiTIO I - PARCEL A OF SNORT PLAT NO. ITS-7+, ACCORDING TO TES MMORT PLAT R10010W UNDER LING mown RECORDING NO. 79011411001( —_ 'IITTRTI-L TES E CITY Or RK MUS TY UTY OF KING, RSK ATE OF MAIK- ' TON. NiA1Gtl 11C5IIIITOIDCR Y1+S'8►R b/ - 1 /, t1 S-I[' R DI. • BURLINGTON NORTHERN z* FIL: N0 BSP - 014-92 A BINDING SITE PLAN_ : ';�`-;_?r. NEW LEGAL DESCRIPTIONS � �D�/Q 1- ry SECTION 30, TWP 23 N. RGE.5 E,WN. ',i�. ' ' • SECTION 31, TWP 23 N. , RGE. S E, W.N. /` // CITY CC RENTON , ICING COUNTY , WASHINGTON v • Lea• Ida 10.0 L0o..1Y 1001 a.ret�.la PLO ro. Yc IY01.1�0 Al LLA br 0)10 .0T0.0. i..l.Olrr. 040/1 roi Yam/YD 11,flues/r Sir 04rrf.t1.�Itslp.0.01.0 u T .D.T �O or tax• 1.1 Or O YaR Or..0011.•..0 e OF r Or . nfw r Ix 1 BOO S .ac04 O .Sect c T ONO Tn DOT LIOI o LOTS)y 3 Or •1.100O13A 1r0 r Y/.. /1 „ N.y... nYcb 1111 .ls OPe uy M avT• 1TDlalOO pCOrT..t Ycu ..?R 100)Spin 1f0 T..YOT ALI.WT MAGI.15 rpl TO TfOt.ant lDInO TTm. tROr Li3rIli. 00.07 IlR ...Taff • WT ,a1a•W 010 • •0.2 To A.dolt. 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LOT 4-24-7z un ,`i. - lE 3 T 0 ''.� I / / illnJr moo ''; '., .( • I • N. p ' � I ::mNw` \ h� OT ring:.cw.m.•,. gl k g .. /o;•r•.ae+ t•..SS gh o .A iu.A i?. -rr» 1 1 r r urr r,rr q o re.•..o• h' .: —IL& • ;. aztr.v,u1,•rrr.n7.rn• t-�+r- orw,s r rs[r,o n..< •• I ry r•o,r r• nr•••rorr 1-• • .•SSA..,1, t. .I A v ^'g' 8 I t.y L.OT gp1 I g's L1J r•,...r o.c.o.,o, firs;' L4rJI L .,.m • S.W. 41 ST ■.t.r s.�,A..[ .o ua r,c o v ...7M ar.,.,tNI •• •,,..,•. ST. .,A� rr...Q.• m;. ,R..,I w r,K ,r u•a..<ac r.w,�,.o., -o(oz Cy) GEOTECHNICAL REPORT Black Angus Restaurant 3700 Block of East Valley Highway Renton, Washington Project No. T-3062-2 Terra Associates, Inc. 14* Prepared for: CNL Restaurant Services, Inc. Mission Viejo, California CITY OF Ki.a:-I CJid APR March 4, 1999 RECEIVED TERRA ASSOCIATES, Inc. Consultants in Geotechnical Engineering, Geology and Environmental Earth Sciences March 4, 1999 Project No.T-3062-2 Mr.Wade Gonzalez CNL Restaurants Services, Inc. 26881 Calle Maria Mission Viejo,California 92691-3410 Subject: Geotechnical Report Black Angus Restaurant 3700 Block of East Valley Highway Renton,Washington Dear Mr. Gonzalez: As requested, we have completed a geotechnical study for the Black Angus Restaurant project in Renton, Washington. The attached report presents our findings and recommendations for the geotechnical aspects of project design and construction. Our study indicates the site is underlain by silty to gravelly sand fill soils to a depth of 8.5 feet. The upper portion of the fill was compacted during previous site grading. The fill is underlain by a layer of soft clay,which is in turn underlain by loose to medium dense alluvial sands. The primary geotechnical concern at the site is the presence of loose to medium dense sand to silty sand between depths of 10 and 19 feet below the existing site grades. Analysis indicates the basal portion of this soil layer could liquefy if subjected to ground shaking during a severe earthquake. Liquefaction- related settlements ranging up to approximately two inches could occur during ground motions induced by an earthquake. The building may be constructed using conventional spread footings with slab-on-grade floors placed on the competent existing fill soils, or compacted structural fill placed on these soils. This is provided the owner is willing to accept the risk of the potential liquefaction-related settlements. If the risk of these settlements is not acceptable, the building should be supported on a timber pile or GEOPIERTM foundation system. 12525 Willows Road, Suite 101, Kirkland, Washington 98034 Phone (425) 821-7777 • Fax (425) 821-4334 • terra@terra-associates.com Mr. Wade Gonzalez March 4, 1999 The attached report presents our findings and recommendations for the geotechnical aspects of project design and construction. We trust the information presented is this report is sufficient for your current needs. If you have any qu-;,.'. r: •i..: •s uire additional information,please call. ..,4��v WASH �' Sincerely yours, 9� i+Q TERRA ASSOC . 1' A tP w r ' x �6Z'"�' ...,9 92039 • Kevin P. Roberts,P. 4 #8�ONAL0 Project gine r i,, ....._ _iiiiiiil eodore J. Schepp- P.E. Principle Engineer KPR/TJS:ts cc: Ms. Norda Fong, MCG Architects I I I I I Project No. T-3062-2 IPage No. ii TABLE OF CONTENTS Page No. 1.0 Project Description 1 2.0 Scope of Work 1 3.0 Site Conditions 2 3.1 Surface 2 3.2 Soil and Groundwater Conditions 2 4.0 Geologic Hazards 3 4.1 Seismic 3 5.0 Discussion and Recommendations 4 5.1 General 4 5.2 Site Clearing and Subgrade Preparation 4 5.3 Foundation Alternatives 5 5.4 Slab-on-Grade Floors 7 5.5 Drainage 7 5.6 Utilities 8 5.7 Pavements 8 6.0 Additional Services 8 7.0 Limitations 9 Figures Vicinity Map Figure 1 Exploration Location Plan Figure 2 Cone Penetration Test Figure 3 CPT Soil Log Figure 4 Typical Footing Drain Detail Figure 5 Geotechnical Report Black Angus Restaurant 3700 Block of East Valley Highway Renton, Washington 1.0 PROJECT DESCRIPTION The project consists of the construction of a new restaurant building in an existing parking lot on the 3700 Block of East Valley Highway in Renton, Washington. The site location is shown on the Vicinity Map, Figure 1. MCG Architects provided us with a preliminary site plan, dated January 8, 1999, and preliminary building elevations, dated February 10, 1999. The 6,700 square foot restaurant building will be constructed in the northeastern portion of an approximately 1.5 acre, irregularly-shaped parcel situated in an existing parking lot. Asphalt parking will be located west and south of the building. An access driveway will lead southward to the restaurant from an existing access road servicing the adjacent ACT III Theater complex. The building will be of wood-frame construction and will have a plaster exterior. We expect that wall loads will be light,ranging from 2 to 3 kips per lineal foot,with isolated columns carrying up to 50 kips each. We anticipate that the building will have a concrete slab-on-grade floor imposing approximately 100 pounds per square foot (psf) loads on the subgrade. We further anticipate that the building finish floor elevation will closely match adjacent site elevations. The recommendations contained in the following sections of this report are based on our understanding of the above design features. If actual features vary, or if changes are made, we should review them in order to modify our recommendations as required. We should review the final design drawings and specifications to verify that our recommendations have been properly interpreted and incorporated into project design and construction. 2.0 SCOPE OF WORK Our field exploration consisted of one cone penetrometer test at the site being conducted by our exploration subcontractor,Northwest Cone Exploration. In addition, we reviewed subsurface information obtained from five test borings drilled west and adjacent to the subject site in the vicinity of the ACT III Theater complex. Using the above subsurface information, we performed analyses to develop geotechnical recommendations for project design and construction. March 4, 1999 Project No.T-3062-2 Spec ifically,this report addresses the following: • Soil and groundwater conditions • Site clearing and subgrade preparation • Foundation alternatives • Slab-on-grade floors • Drainage • Utilities • Pavements 3.0 SITE CONDITIONS 3.1 Surface The building site is located adjacent to East Valley Highway, east of the existing ACT III Theater complex. Asphalt parking bounds the site to the west. East Valley Highway and an access road for the theater complex and neighboring Home Base store bound the site to the east and north,respectively. The flat site is currently paved with asphalt and serves as a parking lot for the adjacent ACT III Theater complex. Surface water is directed to catch basins located in the existing parking areas. 3.2 Soil and Groundwater Conditions On February 10, 1999, our exploration subcontractor, Northwest Cone Exploration, performed an Electric Piezo-Cone Penetrometer Test (CPTu) in the proposed building location. The approximate location of the CPTu test is shown on the Exploration Location Plan, Figure 2. A plot of the cone data obtained is attached as Figure 3. A soil log interpreted from the cone data, along with estimated Standard Penetration Test values (No),is attached as Figure 4. Cone penetrometer testing involves advancing a cylindrical cone-shaped instrument into the ground and recording the resistance to penetration. Resistance is measured at both the tip and along the sleeve (friction) on a near-continuous basis. The cone was also instrumented with a transducer to measure and record pore water pressure generated during cone advancement. Page No. 2 March 4, 1999 Project No.T-3062-2 The CPT-1 location was pre-drilled through dense fill soils to a depth of three feet in order to facilitate pushing of the cone through the upper, relatively dense layer. The cone data reveal that silty to gravelly sand underlies the site to depths of 3.0 to 7.5 feet. This soil was very dense becoming loose with depth. Based on a review of the nearby test boring data, the silty to gravelly sand comprises fill that was placed during past grading activities at the site. The cone data reveal that soft clay underlies the site between depths of 7.5 and 10.0 feet. The soft clay is in turn generally underlain by sand to silty sand to the total depth of the cone penetration test. The sand to silty sand was loose to medium dense to a depth of 19 feet. At a depth of 20 feet, the sand to silty sand became medium dense. CPT-1 was terminated at a depth of 40.5 feet. Pore pressure measurements indicate that groundwater is present at a depth of about eight feet below the existing site grades. In March 1993, five test borings were drilled during our geotechnical study completed for the adjacent ACT III Theater complex. The borings were located 300 to 500 feet west and southwest of the site. They generally showed medium dense to dense gravelly sand fill to depths ranging from 5.5 to 8.5 feet below the grades that existed at that time. The fill was underlain by a layer of soft organic silt with peat that ranged from two to four feet in thickness. Sand with silt that was generally medium dense to very dense was observed underlying the soft organic silt to depths ranging from 13 to 33 feet. Four of the borings showed soft to stiff silt underlying the native sand with silt. The borings were terminated at depths ranging from 34 to 39 feet. The Geologic Map of the Renton Quadrangle, King County, Washington, by D.R. Mullineaux (1965), shows that the soils are mapped as peat (Qlp). The native clay and sands underlying the fill at the site correlate better with the description of the nearby mapped alluvium(Qaw). 4.0 GEOLOGIC HAZARDS 4.1 Seismic The Puget Sound area falls within Seismic Zone 3, as classified by the 1997 Uniform Building Code (UBC). Based on the soil conditions encountered and the local geology, Table 16-J of the 1997 UBC, indicates that a soil profile type of SD should be used in design. We reviewed the results of our cone penetration test and assessed the potential for liquefaction of the site's soils during an earthquake. Liquefaction is a phenomenon where there is a reduction or complete loss of soil strength due to an increase in water pressure induced by vibrations. Liquefaction mainly affects loose deposits of fine-grained sands that are below the groundwater table. Page No. 3 March 4, 1999 Project No. T-3062-2 We conducted our analysis using methods outlined in Ground Motions and Soil Liquefaction During Earthquakes, by Seed and Idriss (1982). Loose to medium dense saturated sands to silty sands underlie the site at depths ranging between 10 and 19 feet below the existing grades. Analysis indicates that the basal portion of this soil layer could liquefy if subjected to ground motions from a severe seismic event (magnitude 6.0 or greater). We do not believe building foundations would be subject to a bearing capacity failure. However, total building settlements ranging up to two inches could result upon dissipation of excess pore pressures generated during the seismic event. 5.0 DISCUSSION AND RECOMMENDATIONS 5.1 General From a geotechnical perspective, it is our opinion that it will be feasible to construct the restaurant building on the site, provided the recommendations presented in this report are incorporated into the project design and construction. The primary geotechnical concern at the site is the presence of the loose to medium dense saturated sandy soils encountered between depths of 10 and 19 feet below the existing site grades. As discussed above, ground settlements ranging up to two inches could result from shaking during a severe earthquake. The building may utilize conventional spread footing foundations and slab-on-grade floors constructed on the existing dense fills. If this foundation option is chosen, the owner must be willing to accept the risk of the potential liquefaction-related settlements and associated adverse impacts to on-site structures. If the owner is unwilling to accept the risk of the liquefaction-related settlements, the building foundations and floor slabs should be supported on timber piles or drilled aggregate piers (GEOPIERSTM). Pile or aggregate pier support will mitigate the potential building settlements related to soil compression and liquefaction. The following sections provide detailed recommendations regarding the above issues and other geotechnical design considerations. These recommendations should be incorporated into the final design drawings and construction specifications. 5.2 Site Clearing and Subgrade Preparation To prepare the site for construction, all asphalt from the existing parking lot should be stripped and removed from the site. Care should be taken to insure that the exposed surfaces of the existing fills do not become disturbed due to weather and construction traffic. It may be necessary to protect foundation and slab areas with a layer of crushed rock to guard against soil degradation. Page No. 4 March 4, 1999 Project No.T-3062-2 The ability to use the fill soil as structural fill will depend on its moisture content and the prevailing weather conditions at the time of construction. When the moisture is excessive, the soil can be dried by aeration. Alternatively, an additive, such as lime or cement, can be used to accelerate the drying process and to provide a more stable and workable soil. If building excavations are planned during the wet winter months, and the on-site soils become too wet to achieve adequate compaction, the owner should be prepared to import wet weather structural fill where required. For this purpose, we recommend importing a granular soil that meets the following grading requirements: U.S. Sieve Size Percent Passing 3 inches 100 No. 4 75 maximum No. 200 5 maximum* *Based on the 3/4-inch fraction Prior to use, Terra Associates, Inc. should examine and test all materials imported to the site for use as structural fill. Structural fill should be placed in uniform loose layers not exceeding 12 inches and compacted to a minimum of 95 percent of the soil's maximum dry density as determined by ASTM Test Designation D-698 (Standard Proctor). The moisture content of the soil at the time of compaction should be within two percent of its optimum, as determined by this same ASTM standard. In non-structural areas or for backfill in utility trenches in pavement areas below a depth of 4 feet,the degree of compaction can be reduced to 90 percent. 5.3 Foundation Alternatives Spread Footings If the above-described potential settlements due to liquefaction are acceptable, the restaurant building may be constructed with conventional spread footings and slab-on-grade floors. We recommend constructing the footings on undisturbed subgrades consisting of the dense, existing sandy fills, or structural fill placed on these soils. We recommend designing foundations for a net allowable bearing capacity of 2,000 psf. For short-term loads, such as wind and seismic, a one-third increase in this allowable capacity can be used. With the expected loads and this bearing stress applied, total differential building settlements due to the imposed static loads ranging up to one inch and three-fourth inch, respectively, will occur at the site. The estimated total settlements related to liquefaction are as noted above. Page No. 5 March 4, 1999 Project No.T-3062-2 A base friction coefficient of 0.4 can be used for designing foundations to resist lateral loads. Passive earth pressures acting on the side of the footing can also be considered for resisting lateral loads. We recommend calculating this lateral resistance using an equivalent fluid weight of 350 pounds per cubic foot(pcf). We do not recommend including the upper 12 inches of soil in this computation because it can be affected by weather or disturbed by future grading activity. This value assumes the foundation will be constructed neat against competent native soil or backfilled with structural fill as described in the Site Clearing and Subgrade Preparation section of this report. The passive value recommended includes a safety factor of 1.5. Timber Piles If the potential settlements described in the preceding sections of this report are not acceptable, we recommend that the building be supported on a foundation system that transfers building loads below the liquefiable sand layers. To accomplish this, one suitable option is to use driven timber piles for building foundation and slab support. We estimate that timber piles with a minimum tip diameter of eight inches will achieve an allowable axial load of 20 tons when driven to minimum tip elevations of 25 to 30 feet below the existing surface grades. This allowable axial load takes into account the potential negative loading caused by downdrag on the pile that is due to consolidation of the organic layer under the building fill and floor slab loads. Full axial capacity can be used provided the piles are spaced at a minimum of three pile diameters. Closer spacing in pile groups will require a reduction in the single pile capacity. 'This reduction will depend on the number of piles in the pile group and the spacing used. For resistance to lateral loading, a lateral pile capacity of six tons can be used in foundation design. Estimated pile settlements are one-fourth inch and less. To successfully install timber piling at the site, it will probably be necessary to predrill the upper four to five feet of existing fill soils. The pile driving hammer used to install the piles should have sufficient energy to drive the piling to the estimated tip elevation without damage to the pile. For this purpose, we recommend that the pile driving equipment have a minimum rated energy of 15,000 foot-pounds with an efficiency factor of at least 70 percent. We do not believe that vibrations during pile driving will cause damage to nearby structures. However, it may be prudent to contact adjacent businesses regarding potential impacts due to noise and slight vibrations occurring during pile driving. We recommend that prior to ordering production piles and their installation, a minimum of three test piles be driven at the site to verify anticipated tip elevations and establish driving criteria for use in evaluating production pile capacities. The test piles should be driven with the same equipment that will be used in the production pile installations. Page No. 6 March 4, 1999 Project No. T-3062-2 GEOPIERST"1 In our opinion, GEOPIERSTM would be an acceptable alternative to timber pile foundations for mitigating potential settlements at the site. Geopiers consist of aggregate columns that are densely compacted in predrilled holes. The procedure improves the foundation subgrade by effectively pre-stressing the soil both vertically and horizontally, and providing a supporting column of structural fill that extends below the clay and loose silty sand layers. Conventional spread footing foundations with slab-on-grade floors can then be constructed on the Geopiers. We expect that Geopier tip elevations will be approximately 25 feet below the existing site grades. Casing will likely be required to stabilize the saturated sands during drilling of the pier shafts. Exclusive rights to design and build Geopiers are held by GEOPIER Foundation Company. The local contact for them is Mr. James W. Johnson in Vancouver, Washington. He can be reached at(360) 254-4907. 5.4 Slab-on-Grade Floors Slabs-on-grade may be supported on the subgrade prepared as recommended in the Site Clearing and Subgrade Preparation section of this report. Immediately below the floor slab, we recommend placing a four-inch thick capillary break layer of clean, free-draining sand or gravel that contains less than three percent by weight of material passing the No. 200 sieve. This material will reduce the potential for upward capillary movement of water through the underlying soil and subsequent wetting of the floor slab. Where moisture by vapor transmission is undesirable, a durable plastic membrane should be placed on the capillary break layer. The membrane should be covered with two inches of clean moist sand to guard against damage during construction and to aid in the curing of the concrete. 5.5 Drainage Surface Final exterior grades should promote free and positive drainage away from the site at all times. Water must not be allowed to pond or collect adjacent to foundations or within the immediate building area. With the exception of paved locations adjacent to buildings, we recommend providing a gradient of at least two percent for a minimum distance of ten feet from the building perimeter. In paved locations, a minimum gradient of one percent should be provided, unless provisions are included for collection and disposal of surface water adjacent to the structure. Page No. 7 March 4, 1999 Project No. T-3062-2 Subsurface We recommend installing perimeter foundation drains. Roof and foundation drains should be tightlined separately to the storm drains. Subsurface drains must be laid with a gradient sufficient to promote positive flow to a controlled point of approved discharge. All drains should be provided with cleanout points at easily accessible locations. A detail showing typical footing drain installation is shown on Figure 5. 5.6 Utilities Utility pipes should be bedded and backfilled in accordance with American Public Works Associates (APWA) or the City of Renton specifications. As a minimum, trench backfill should be placed and compacted as structural fill as described in the Site Clearing and Subgrade Preparation section of this report. If the spread footing foundation alternative is chosen for support of the structure, we recommend incorporating flexible joints in design of utility connections. 5.7 Pavements Pavements should be constructed on subgrades prepared as described in the Site Clearing and Subgrade Preparation section of this report. Regardless of the degree of relative compaction achieved, the subgrade must be firm and relatively unyielding before paving. Proofrolling the subgrade with heavy construction equipment should be completed to verify this condition. The pavement design section is dependent on the supporting capability of the subgrade soils and the traffic conditions to which it will be subjected. As we understand, traffic will mainly consist of light passenger and commercial vehicles with only occasional heavy traffic. Based on this information; with a stable subgrade prepared as recommended, we recommend the following pavement sections: • Two inches of asphalt concrete (AC)over four inches of crushed rock base (CRB) • Two inches of AC over three inches of asphalt treated base(ATB) The paving materials used should conform to the Washington State Department of Transportation (WSDOT) specifications for Class B asphalt concrete, CRB, and ATB. 6.0 ADDITIONAL SERVICES Terra Associates, Inc. should review the final design and specifications in order to verify that earthwork recommendations have been properly interpreted and incorporated into project design and construction. We should also provide geotechnical services during construction in order to observe compliance with the design concepts, specifications, and recommendations. This will allow for design changes if subsurface conditions differ from those anticipated prior to the start of construction. Page No. 8 March 4, 1999 Project No.T-3062-2 7.0 LIMITATIONS We prepared this report in accordance with generally accepted geotechnical engineering practices. This report is the property of Terra Associates, Inc. and is intended for specific application to the Black Angus Restaurant project located in Renton, Washington. This report is for the exclusive use of CNL Restaurant Services, Inc., MCG Architects, and their authorized representatives. The analyses and recommendations presented in this report are based on data obtained from the borings advanced on-site. Variations in soil conditions can occur, the nature and extent of which may not become evident until construction. If variations appear evident, Terra Associates, Inc. should be requested to reevaluate the recommendations in this report prior to proceeding with construction. 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I 206TH ST S 20 S 205TNa PS .'t�sn� II,, (.1 xs I/m6 3< +NCCCi'er FR - - n._n •-- I r--4 S7I o Ia it . o �' RIN NFR L _- REFERENCE: THE THOMAS GUIDE, KING COUNTY, WASHINGTON, PAGES 655, 656, 685 AND 686, 1999 EDITION. VICINITY MAP TERRA BLACK ANGUS RESTAURANT �� \soriagis ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj.No. 3062-2 Date MAR. 1999 Figure 1 I \--T------- ___ , \ \I i . 1 , 1 ill: -, -L---' -1 ___________________--- __ 2° \ I I •-i I '29 ,7 2_ BLACK = If t C ANGUS , (.5 N / \., . / 1 / 1 CPT-I ...,1 w I 1 ---1] j /r. / / ,- : l' ----I-- " ,,a ., cr) 40 LEGEND: APPoROXIMATE SCALE 40 80 feet ----- 1 1 .__Z I , ,- APPROXIMATE CONE PENETROMETER TEST LOCATION I 00 _ 1 ,.=.1 1 . r, I 0 I ' REFERENCE: 1 , 1 : PRELIMINARY SITE PLAN BY MCG ARCHITECTS, PROJECT /- - ( i NUMBER 98.583.01, DATED 01/08/99. .... II\ %.d L__• kdmi, ..dm•am. ‘md I I ,„ -—-.•, ,,, 71 0...s ,/- I 11 i i ) \ „ I —_____ ____._ ________ -I I "r----.„ I I L\s, .,__ I , \, — n /riNi 1 1 1 1 n \ , , TERRA EXPLORATION LOCATION PLAN BLACK ANGUS RESTAURANT 161" ASSOCIATES kissrus RENTON, WASHINGTON Geotechnical Consultants Proj.No. 3062-2 Date MAR. 1999 Figure 2 Cone Penetration Test - CPT-1 Test Date:Feb 10,1999 Operator :Northwest Cone Exploration Ground Surf.Elev.:0.00 Location :Black Angus Restaurant Water Table Depth:8.00 Qt(tsf) Fr. Ratio(%) PWP (tsf) Dr(%) N1(60) (blows/ft) 0 0 60 120 180 240 300 0 1 2 3 4 5 -1 0 1 2 3 4 0 20 40 60 80 100 0 10 20 30 40 50 4 F . poillaii . 8 r►_ -■ 12 16 v c 20 ' L a 8 24 28 32 36 c A....amm II 41. 40 Qt normalized for Fr Ratio=100'F/(Qt-Sigmav) After Jefferiee and Davie,(1993) unequal end area effects Gamma=110.1 pcf PROJECT NO.3082-2 DATE:February 11,1999 DRAWN BY:Keith Brown TERRA ASSOCIATES, Inc. FIGURE 3 CPT-1 Soil Log Logged by: NWC Date: 2/10/99 Approximate Elev. Consistency/ a Estimated Moisture Soil Classification Relative Depth E N60 Content Density (ft.) cn (%) Pre-drilled to 3 feet. No CPT data. - FILL;silty to gravelly sand. Very _ 52 Dense — 5 Loose _ 6 Clay. Soft _ 3 — 10 8 Sand to silty sand. Loose - 10 to _ Medium — 15 Dense _ 8 10 Sandy silt to clayey silt. Soft — 20 3 Sand to silty sand. - 18 23 —25 25 Medium _ Dense —30 23 23 — 35 13 _ 22 —40 Terminated at 40.5 feet. Groundwater indicated at 8 feet. CPT SOIL LOG TERRA BLACK ANGUS RESTAURANT 0 ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj. No. T-3062-2 Date MAR 1999 Figure 4 • • BUILDING SLAB A° . A \ COMPACTED ° STRUCTURAL °\. • •BACKFILL \° . •dc / \\ :. 4 " '. . • * .• -. 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THE TRANSPO GROUP PARKING STUDY FOR THE BLACK ANGUS & RUBY TUESDAY RESTAURANTS at the East Valley Cinema Site in Renton, WA Prepared for: CNL Restaurant Services Merrick Lentz Architect Treece & Company ' %; April 12, 1999 PARKING STUDY FOR THE BLACK A NG US & RUBY TUESDAY RESTAURANTS at the East Valley Cinema Site in Renton, WA Prepared for: CNL Restaurant Services, Merrick Lentz Architect, and Treece & Company April 12, 1999 Prepared by: The TRANSPO Group, Inc. 11730 118th Ave. NE, Suite 600 Kirkland, WA 98034-7120 (425) 821-3665 FAX: (425) 825-8434 TABLE OF CONTENTS Page INTRODUCTION 1 EXISTING PARKING UTILIZATION 2 FUTURE PROJECTED PARKING UTILIZATION 3 PARKING DEMAND FOR THE PROPOSED RESTAURANTS 4 FUTURE PARKING UTILIZATION WITH THE RESTAURANTS 5 SUMMARY AND CONCLUSIONS 6 APPENDIX TABLES 1. Existing Parking Utilization Summary 2 2. Future Projected Parking Utilization 3 3. Weekday and Weekend Parking Demand Summary 4 4. Future Parking Utilization with the Proposed Restaurants 5 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 INTRODUCTION This report summarizes the results of the parking analysis for the East Valley Cinema site. The purpose of the parking analysis was the evaluate the impact of the two proposed restaurants on the existing Cinema site. The information included in this report includes the parking utilization of the existing lot, which is then used to determine if the future parking supply (minus the displaced lots for the proposed restaurant pads) is adequate to accommodate the parking required by the Cinema and two proposed restaurants. Project Description The proposed projects include the construction of two restaurants, a 6,500 gross square feet (gsf) Black Angus and a 5,000 gsf Ruby Tuesday. The Black Angus would be located in the northeast corner of the existing lot and the Ruby Tuesdays restaurant would be located on the east side of the property adjacent to East Valley Road. With the proposed restaurants, a total of 60 existing parking spaces would be displaced (39 by Black Angus, and 21 by Ruby Tuesday). Project Approach The utilization of the existing parking lot is first evaluated. The existing parking lot currently serves the East Valley Cinema with at total of 840 stalls. Second, the parking utilization of this lot is evaluated for a future condition considering the opening of the Parkway Plaza Cinemas in nearby Tukwila. Third, parking demand of the two proposed restaurants is determined, including the number of existing parking stalls that would be displaces by the two restaurant pads. Finally, the parking utilization of the lot is evaluated to determine if the parking supply (minus the displaced lots for the proposed restaurant pads) is adequate to accommodate the parking required by the Cinema and two proposed restaurants. A summary section concludes the study. M.•1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 1 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 EXISTING PARKING UTILIZATION TRAFFICOUNT, INC. conducted a parking inventory of the East Valley Cinema site on two separate occasions to assess the existing utilization of the East Valley Cinemas parking lot. The first count was conducted from Thursday, February 4th through Saturday, February 6th. The second was conducted beginning Thursday, February 11 th and ending Saturday, February 13th. The purpose of counting the lot twice was to achieve an average demand for the cinema. The parking inventory included a count of all occupied stalls at the time of the count. To represent the peak hour conditions of the cinema lot, the counts were conducted every hour during the following days and times: Thursday: 7:00 p.m. to 9:00 p.m. - Friday: 7:00 p.m. to 9:00 p.m. - Saturday: 4:00 p.m. to 9:00 p.m. The details of the count are included in Attachment 1 of the Appendix. Using the average demand calculated from the two count periods, the existing utilization of the Cinema lot was determined. Typically, the month of February represents one of the lowest months of ticket sales for cinemas in this region. Based on patronage data from other Regal Cinemas, ticket sales during the month of February are about 14 percent less than the average monthly ticket sales throughout the year. As a result, the existing parking counts were increased by 14 percent to estimate an average monthly condition for this analysis. The parking utilization is calculated by dividing the demand by the supply. The existing parking lot has a total supply of 840 stalls. The average utilization for Thursday through Saturday is summarized in Table 1. Table 1.Existing Parking Utilization Summary1 Time Period Thursday Friday Saturday 4:00 p.m. _2 - 82% 5:00 p.m. - - 68% 6:00 p.m. - - 57% 7:00 p.m. 19 % 54% 74% 8:00 p.m. 20% 60% 83% 9:00p.m. 18% 60% 84% 1. The actual parking counts were adjusted by 14%to reflect an average monthly condition. 2. Parking inventory was not conducted for these time periods. As shown in Table 1, the utilization of the existing lot was higher on Friday and Saturday than Thursday. The existing utilization of the lot on Thursday was about 20 percent, while on Friday the maximum peak utilization was 60 percent. The peak utilization on Saturday ranged from 57 percent to 84 percent. The peak utilization of 84 percent occurred between 8:00 p.m. and 10:00 p.m. on Saturday evening. M:1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 2 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 FUTURE PROJECTED PARKING UTILIZATION The Parkway Plaza Cinemas, located on Southcenter Parkway in Tukwila, will be re- opening in July of 1999. Regal Cinemas, the operator of both the East Valley and Parkway Plaza Cinemas, will split the loading of films at these two sites. As such, they expect a decrease in patronage of about 20 percent at the existing East Valley Cinemas. Based on this projected decrease in patronage, a 20 percent reduction was made to the existing parking counts shown in Table 1. Table 2 summarizes the future parking utilization of the East Valley Cinemas parking lot based on the 20 percent reduction in patronage. The detailed calculations are shown in Attachment 2 of the Appendix. Table 2.Future Projected Parking Utilization1 Time Period Thursday Friday Saturday 4:00 p.m. _2 - 65% 5:00 p.m. - - 54% 6:00 p.m. - - 45% 7:00 p.m. 15% 43% 59% 8:00 p.m. 16% 48% 67% 9:00 p.m. 15% 48% 67% 1. Existing parking counts decreased by 20%with re-opening of the Parkway Plaza Cinemas. 2. Parking inventory was not conducted for these time periods. As shown in Table 2, the utilization of the East Valley Cinema parking is projected to be about 16 percent, while the peak utilization on Friday is anticipated to be 48 percent. The peak utilization on Saturday is projected to range from 45 percent to 67 percent. The maximum peak utilization of 67 percent is still anticipated to occur between 8:00 p.m. and 10:00 p.m. on Saturday evening. Typically for retail uses (such as cinemas and restaurants), when parking utilization reaches about 85 to 90 percent, it is considered to be approaching capacity. This is mainly due to turn-over rates and circulation patterns. Since the maximum parking utilization is projected to be less than the 85 to 90 percent threshold (84 percent on Saturday evenings), the existing parking lot is expected to continue to meet the future parking demand. M:1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 3 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 PARKING DEMAND FOR THE PROPOSED RESTAURANTS To estimate the parking impacts of the proposed Black Angus and Ruby Tuesday restaurants on the parking supply at the East Valley Cinema lot, the parking demand for each restaurant were determined. This was done using two industry-established resources that are typically used in parking analyses. The first resource, related to parking demand, is the Institute of Transportation Engineers' (ITE) Parking Generation manual, 2nd Edition, 1991. The second resource, called Shared Parking, published by the Urban Land Institute (ULI), is used to estimate the hourly parking accumulation. The peak weekday and weekend parking demand were estimated from the Parking Generation manual using the rate for land use #831, Quality Restaurants. The rates included in the manual are typically based on the size of the restaurant. To account for internalization of trips (shared trips) between the restaurants and the cinema, the peak hour demand was reduced by 20 percent during the weekdays and 30 percent on the weekend. The ULI's Shared Parking report was then used to establish the hourly accumulation of parking stalls for each of the restaurants. Based on this information, Table 3 was prepared, which summarizes the parking accumulation for the restaurants. The detailed calculations are also included in Attachment 3 of the Appendix. Table 3. Weekday and Weekend Parking Demand Summary Weekday Parking Demand Weekend Parking Demand Time Black Angus Ruby Tuesday Total Black Angus Ruby Tuesday Total 4:00 p.m. 33 25 58 33 25 58 5:00 p.m. 47 35 81 44 33 78 6:00 p.m. 60 45 105 67 50 117 7:00 p.m. 66 50 116 70 53 123 8:00 p.m. 66 50 116 74 56 130 9:00 p.m. 66 50 116 74 56 130 As shown in Table 3, the peak demand for both restaurants combined is 116 parking stalls on the weekday (Thursday and Friday) and 130 stalls on the weekend (Saturday). As will be described in the next section, these two restaurants will displace 60 parking stalls on the existing East Valley Cinema parking lot. M:1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 4 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 FUTURE PARKING UTILIZATION WITH THE RESTAURANTS The parking utilization with the two proposed restaurants was calculated by adding the weekday and weekend parking demand for the proposed restaurants to the future projected parking demand for East Valley Cinemas. In addition, 60 of the existing 840 parking stalls will be displaced as a result of the proposed restaurants. With 60 less parking stalls, the existing 840-stall parking lot would have a total of 780 stalls. Table 4 summarizes the utilization of the parking lot with the two restaurants. For comparison purposes, the future projected utilization without the restaurants is also included in the table. More detailed information regarding these calculations are also included in Attachment 4 of the Appendix. Table 4. Future Parking Utilization with the Proposed Restaurants Future Parking Utilization without Restaurants Future Parking Utilization with Restaurants Time Thursday Friday Saturday Thursday Friday Saturday 4:00 p.m. -1 - 65% - - 78% 5:00 p.m. - - 54% - - 68% 6:00 p.m. - - 45% - - 64% 7:00p.m. 15% 43% 59% 31 % 63% 80% 8:00p.m. 16% 48% 67% 32% 67% 89% 9:00 p.m. 15% 48% 67% 31 % 66% 89% 1.Parking inventory not conducted for this these time periods. As shown in Table 4, the peak utilization on Thursday is expected increase from 16 percent to 32 percent with addition of the two restaurants and the 60 displaces parking stalls. On Friday, the peak utilization, which occurs during the 8:00 p.m. hour, would increase from 48 percent to 67 percent. On Saturday, the peak utilization, which occurs from 8:00 p.m. to 10:00 p.m., is expected to increase from 67 percent to 89 percent. This means that during the two- hour Saturday evening peak time, parking demand would be at or near capacity since the utilization falls within the 85 percent to 90 percent range. Once the parking utilization reaches this level, people may try to find other convenient and available locations to park. M:1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 5 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 SUMMARY AND CONCLUSIONS Typically for retail uses (such as cinemas and restaurants), once parking utilization reaches about 85 to 90 percent, it is considered to be at capacity. This is mainly due to turn- over rates and circulation patterns. The parking analysis conducted for this study indicated that the parking demand would only reach this level for a two-hour period on Saturday evenings. During all other times throughout a typical week, the existing East Valley Cinema parking lot is expected to accommodate the future parking demand for the restaurants and Cinema since the parking utilization would not exceed 80 percent. The peak utilization of the lot is expected to be 89 percent during the two-hour Saturday evening peak period (8:00 to 10:00 p.m.). This peak parking utilization falls within the 85 to 90 percent range of parking capacity. Although some people may try to find other convenient and available locations to park during the Saturday evening peak, the parking supply is expected to meet the future parking demand of the restaurants and Cinema. M:1991992341WPI99234R1 ©The TRANPO Group,Inc. 1999 Page 6 Appendix Attachments 1 through 4 Attachment 1 Existing Parking Survey Res _ enema Parking-Lot Thursday February 4th-6th Increase for Thursday Thur.Demand Thursday Friday Fri. Demand Friday Saturday Sat. Demand Saturday Parking Seasonal Demand Adjusted Utilization Demand Adjusted Utilization Demand Adjusted Utilization Time Supply Adjustment(1) (Raw) Seasonally (%) (Raw) Seasonally (%) (Raw) Seasonally (%) 4:00 PM 840 14% - - - - - - 652 743 88% 5:00 PM 840 14% - - - - - - 543 619 74% 6.00 PM 840 14% - - 460 524 62% 7:00 PM 840 14% 157 179 21% 461 526 63% 577 658 78% 8:00 PM 840 14% 143 163 19% 470 536 64% 633 722 86% 9:00 PM 840 14% 138 157 19% 493 562 67% 642 732 87% Thursday February 11th-13th Increase for Thursday Thur. Demand Thursday Friday Fri. Demand Friday Saturday Sat. Demand Saturday Parking Seasonal Demand Adjusted Utilization Demand Adjusted Utilization Demand Adjusted Utilization Time Supply Adjustment(1) (Raw) Seasonally (%) (Raw) Seasonally (%) (Raw) Seasonally (%) 4:00 PM 840 14% - - - - - - 554 632 75% 5:00 PM 840 14% - - - - - - 455 519 62% 6:00 PM 840 14% - - - - - - 378 431 51% 7:00 PM 840 14% 117 133 16% 338 385 46% 516 588 70% 8:00 PM 840 14% 151 172 20% 418 477 57% 596 679 81% 9:00 PM 840 14% 130 148 18% 386 440 52% 599 683 81% Average of Both Count Periods Increase for Thursday Thur.Demand Thursday Friday Fri.Demand Friday Saturday Sat. Demand Saturday Parking Seasonal Demand Adjusted Utilization Demand Adjusted Utilization Demand Adjusted Utilization Time Supply Adjustment(1) (Raw) Seasonally (%) (Raw) Seasonally (%) (Raw) Seasonally (%) 4:00 PM 840 14% - - - - - - 603 687 82% 5:00 PM 840 14% - - - - - - 499 569 68% 6:00 PM 840 14% - - - -- 419 478 57% 7:00 PM 840 14% 137 156 19% 400 455 54% 547 623 74% 8:00 PM 840 14% 147 _ 168 20% 444 506 60% 615 701 83% 9:00 PM 840 14% 134 153 18% 440 501 60% 621 707 84% Footnotes (1)The existing parking counts were increased by 14 percent to reflect February counts,which are typically 14 percent less than average monthly patrons. (Source:Regal Cinemas 1998 patronage) M:/99/99234/excel/Parking Utilization.xls-Attachment 1 The TRANSPO Group, Inc 4/12/99 • Attachment 2 Future-Projected Parking Analysis - East Valley Cinema Parking Lot Thursday February 4th-6th Current Decrease due to Seasonally Seasonally Seasonally Thursday Friday Saturday Projected Projected Projected Parking Parkway Plaza Adjusted Thursday Adjusted Friday Adjusted Saturday Projected Projected Projected Thursday Friday Saturday Time Supply Cinemas(1) Demand(2) Demand(2) Demand(2) Demand(3) Demand(3) Demand (3) Utilization(%) Utilization(%) Utilization(%) 4:00 PM 840 20% - - 743 - - 595 - - 71% 5:00 PM 840 20% - - 619 - - 495 - - 59% 6:00 PM 840 20% - - 524 - - 420 - - 50% 7:00 PM 840 20% 179 526 658 143 420 526 17% 50% 63% 8:00 PM 840 20% 163 536 722 130 429 577 16% 51% 69% 9:00 PM 840 20% 157 562 732 126 450 586 15% 54% 70% Thursday February 11th-13th Current Decrease due to Seasonally Seasonally Seasonally Thursday Friday Saturday Projected Projected Parking Parkway Plaza Adjusted Thursday Adjusted Friday Adjusted Saturday Projected Projected Projected Thursday Friday Friday Time Supply Cinemas(1) Demand(2) Demand(2) Demand(2) Demand(3) Demand(3) Demand(3) Utilization(%) Utilization(%) Utilization(%) 4:00 PM 840 20% - - 632 - - 505 - - 60% 5:00 PM 840 20% - - 519 - - 415 - - 49% 6:00 PM 840 20% 431 - - 345 - - 41% 7:00 PM 840 20% 133 385 588 107 308 471 13% 37% 56% 8:00 PM 840 20% 172 477 679 138 381 544 16% 45% 65% 9:00 PM 840 20% 148 440 683 119 352 546 14% 42% 65% Average of Both Count Periods Current Decrease due to Seasonally Seasonally Seasonally Thursday Friday Saturday Projected Projected Parking Parkway Plaza Adjusted Thursday Adjusted Friday Adjusted Saturday Projected Projected Projected Thursday Friday Friday Time Supply Cinemas(1) Demand(2) Demand(2) Demand(2) Demand(3) Demand(3) Demand(3) Utilization(%) Utilization(%) Utilization(%) 4:00 PM 840 20% 687 - - 550 - - 65% 5:00 PM 840 20% - 569 - - 455 - - 54% 6:00 PM 840 20% - - 478 - - 382 - - 45% 7:00 PM 840 20% 156 455 623 125 364 498 15% 43% 59% 8:00 PM 840 20% 168 506 701 134 405 560 16% 48% 67% 9:00 PM 840 20% 153 501 707 122 401 566 15% 48% 67% Footnotes' (1)Regal Cinemas anticipates a 20 percent reduction in patronage due to the opening and joint operation of the Parkway Plaza Cinemas in Tukwila. (2) From calculations shown in Attachment 2 (3)Projected demand includes both seasonal adjustments and adjustments as a result of the Parkway Plaza Cinemas. M:/99/99234/excel/Parking Utilization.xls-Attachment 2 The TRANSPO Group, Inc 4/12/99 Attachment 3 Parking Demand Calculations for the Black Angus and Ruby Tuesday Restaurants Restaurant: iz Black Angus 6.65 gsf(1000) Ruby Tuesday 4.995 gsf(1000) Hourly Demand (Percent) (1) Black Angus Ruby Tuesday Total Restaurant Demand Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 4:00 PM 50% 45% 33 33 25 25 58 58 5:00 PM 70% 60% 47 44 35 33 81 78 6:00 PM 90% 90% 60 67 45 50 105 117 7:00 PM 100% 95% 66 70 50 53 116 123 8:00 PM 100% 100% 66 74 50 56 116 130 9:00 PM 100% 100% 66 74 50 56 116 130 Parking Demand Rate(2) 12.49 15.89 83 106 62 79 145 185 Internalization Reduction(3) 20% 30% -17 -32 -12 -24 -29 -56 Total Parking Demand 66 74 50 56 116 130 Footnotes' (1)Hourly parking accumulation based on ULI's Shared Parking 1987. (2)Based on ITE Parking Generation,2nd Edition. (3) Internalization reflects a reduction in parking demand based on the shared use of the restaurants and the cinema. M:/99/99234/excel/Parking Utilization.xls-Attachment 3 The TRANSPO Group, Inc 4/12/99 Attachment 4 Future Projected Parking Utilization with the two Proposed Restaraunts (1) (2) (3) (4) Future Demand (stalls) Additional Demand for Restaurants Total Demand with Restaurants Future Resulting Parking Utilization Time Thursday j Friday Saturday Thursday ' Friday I Saturday Thursday Friday Saturday Supply Thursday ' Friday r Saturday 4:00 PM - 4 - 1 550 - - 58 - - 608 780 - - 78% 5:00 PM - I - 455 - • - 78 - - 533 780 - - 68% 6:00 PM - i 382 - - 117 - • - 499 780 - - 64% 7:00 PM 125 I— 364 1 498 116 1 116 I 123 241 1 481 621 780 31% 62% 80% 8 00 PM 134 405 560 116 j 116 130 250 521 690 780 32% 67% 89% 9:00 PM 122 ' 401 i 566 116 116 j 130 239 517 696 780 31% o 0 66/0 89/o Footnotes: (1)The future parking demand accounts for the opening of the Parkway Plaza cinemas in Tukwilla,which results in a projected 20%decrease in existing patronage. (See Attachment 2) (2)Attachment 3 shows the additional parking demand for the restaurants. (3)Total demand is the projected future demand(1)plus the restaurants demand(2). (4)Existing parking supply is 840 stalls on the Cinema site. The restaurants would displace a total of 60 stalls,resulting in a total supply of 780 parking stalls. The Utilization calculations are based on the resulting parking supply of 780 parking stalls. M:/99/99234/excel/Parking Utilization.xls-Attachment 4 The TRANSPO Group, Inc 4/12/99 I I I I 1 1 The 1 Transpo Group i I 11730 11BTH AVENUE NE SUITE 600 KIRKLAND, WA 98034-7120 TEL 425. 821. 3665 FAX 425. 825. B434 (41 -0104 (Li) GEOTECHNICAL REPORT Black Angus Restaurant 3700 Block of East Valley Highway Renton, Washington Project No. T-3062-2 Terra Associates, Inc. Prepared for: CNL Restaurant Services, Inc. Mission Viejo, California Ci fY OF APR % March 4, 1999 RECr:-IVF-D TERRA ASSOCIATES, Inc. Consultants in Geotechnical Engineering, Geology and Environmental Earth Sciences March 4, 1999 Project No.T-3062-2 Mr. Wade Gonzalez CNL Restaurants Services, Inc. 26881 Calle Maria Mission Viejo, California 92691-3410 Subject: Geotechnical Report Black Angus Restaurant 3700 Block of East Valley Highway Renton,Washington Dear Mr. Gonzalez: As requested, we have completed a geotechnical study for the Black Angus Restaurant project in Renton, Washington. The attached report presents our findings and recommendations for the geotechnical aspects of project design and construction. Our study indicates the site is underlain by silty to gravelly sand fill soils to a depth of 8.5 feet. The upper portion of the fill was compacted during previous site grading. The fill is underlain by a layer of soft clay, which is in turn underlain by loose to medium dense alluvial sands. The primary geotechnical concern at the site is the presence of loose to medium dense sand to silty sand between depths of 10 and 19 feet below the existing site grades. Analysis indicates the basal portion of this soil layer could liquefy if subjected to ground shaking during a severe earthquake. Liquefaction- related settlements ranging up to approximately two inches could occur during ground motions induced by an earthquake. The building may be constructed using conventional spread footings with slab-on-grade floors placed on the competent existing fill soils, or compacted structural fill placed on these soils. This is provided the owner is willing to accept the risk of the potential liquefaction-related settlements. If the risk of these settlements is not acceptable, the building should be supported on a timber pile or GEOPIERTM foundation system. 12525 Willows Road, Suite 101, Kirkland, Washington 98034 Phone (425) 821-7777 • Fax (425) 821-4334 • terra@terra-associates.com Mr. Wade Gonzalez March 4, 1999 The attached report presents our findings and recommendations for the geotechnical aspects of project design and construction. We trust the information presented is this report is sufficient for your current needs. If you have any qu-,;,., 0,_ .;. ,h-.uire additional information,please call. 4 Sincerely yours, 9' WA, 4e,,'a TERRA ASSOC o lit �� `, 32039 Gis�rE4°�'� Kevin P. Roberts, P. r•,8i9l0NAL��" Project gine r .AAA eodore J. Schepp/P.E. Principle Engineer KPR/TJS:ts cc: Ms. Norda Fong,MCG Architects Project No. T-3062-2 Page No. ii TABLE OF CONTENTS Page No. 1.0 Project Description 1 2.0 Scope of Work 1 3.0 Site Conditions 2 3.1 Surface 2 3.2 Soil and Groundwater Conditions 2 4.0 Geologic Hazards 3 4.1 Seismic 3 5.0 Discussion and Recommendations 4 5.1 General 4 5.2 Site Clearing and Subgrade Preparation 4 5.3 Foundation Alternatives 5 5.4 Slab-on-Grade Floors 7 5.5 Drainage 7 5.6 Utilities 8 5.7 Pavements 8 6.0 Additional Services 8 7.0 Limitations 9 Figures Vicinity Map Figure 1 Exploration Location Plan Figure 2 Cone Penetration Test Figure 3 CPT Soil Log Figure 4 Typical Footing Drain Detail Figure 5 Geotechnical Report Black Angus Restaurant 3700 Block of East Valley Highway Renton, Washington 1.0 PROJECT DESCRIPTION The project consists of the construction of a new restaurant building in an existing parking lot on the 3700 Block of East Valley Highway in Renton, Washington. The site location is shown on the Vicinity Map, Figure 1. MCG Architects provided us with a preliminary site plan, dated January 8, 1999, and preliminary building elevations, dated February 10, 1999. The 6,700 square foot restaurant building will be constructed in the northeastern portion of an approximately 1.5 acre, irregularly-shaped parcel situated in an existing parking lot. Asphalt parking will be located west and south of the building. An access driveway will lead southward to the restaurant from an existing access road servicing the adjacent ACT III Theater complex. The building will be of wood-frame construction and will have a plaster exterior. We expect that wall loads will be light,ranging from 2 to 3 kips per lineal foot, with isolated columns carrying up to 50 kips each. We anticipate that the building will have a concrete slab-on-grade floor imposing approximately 100 pounds per square foot (psf) loads on the subgrade. We further anticipate that the building finish floor elevation will closely match adjacent site elevations. The recommendations contained in the following sections of this report are based on our understanding of the above design features. If actual features vary, or if changes are made, we should review them in order to modify our recommendations as required. We should review the final design drawings and specifications to verify that our recommendations have been properly interpreted and incorporated into project design and construction. 2.0 SCOPE OF WORK Our field exploration consisted of one cone penetrometer test at the site being conducted by our exploration subcontractor, Northwest Cone Exploration. In addition, we reviewed subsurface information obtained from five test borings drilled west and adjacent to the subject site in the vicinity of the ACT III Theater complex. Using the above subsurface information, we performed analyses to develop geotechnical recommendations for project design and construction. March 4, 1999 Project No.T-3062-2 Specifically,this report addresses the following: • Soil and groundwater conditions • Site clearing and subgrade preparation • Foundation alternatives • Slab-on-grade floors • Drainage • Utilities • • Pavements 3.0 SITE CONDITIONS 3.1 Surface The building site is located adjacent to East Valley Highway, east of the existing ACT III Theater complex. Asphalt parking bounds the site to the west. East Valley Highway and'an access road for the theater complex and neighboring Home Base store bound the site to the east and north,respectively. The flat site is currently paved with asphalt and serves as a parking lot for the adjacent ACT III Theater complex. Surface water is directed to catch basins located in the existing parking areas. 3.2 Soil and Groundwater Conditions On February 10, 1999, our exploration subcontractor, Northwest Cone Exploration, performed an Electric Piezo-Cone Penetrometer Test (CPTu) in the proposed building location. The approximate location of the CPTu test is shown on the Exploration Location Plan,Figure 2. A plot of the cone data obtained is attached as Figure 3. A soil log interpreted from the cone data, along with estimated Standard Penetration Test values (No),is attached as Figure 4. Cone penetrometer testing involves advancing a cylindrical cone-shaped instrument into the ground and recording the resistance to penetration. Resistance is measured at both the tip and along the sleeve (friction) on a near-continuous basis. The cone was also instrumented with a transducer to measure and record pore water pressure generated during cone advancement. Page No. 2 March 4, 1999 Project No.T-3062-2 The CPT-1 location was pre-drilled through dense fill soils to a depth of three feet in order to facilitate pushing of the cone through the upper, relatively dense layer. The cone data reveal that silty to gravelly sand underlies the site to depths of 3.0 to 7.5 feet. This soil was very dense becoming loose with depth. Based on a review of the nearby test boring data, the silty to gravelly sand comprises fill that was placed during past grading activities at the site. The cone data reveal that soft clay underlies the site between depths of 7.5 and 10.0 feet. The soft clay is in turn generally underlain by sand to silty sand to the total depth of the cone penetration test. The sand to silty sand was loose to medium dense to a depth of 19 feet. At a depth of 20 feet, the sand to silty sand became medium dense. CPT-1 was terminated at a depth of 40.5 feet. Pore pressure measurements indicate that groundwater is present at a depth of about eight feet below the existing site grades. In March 1993, five test borings were drilled during our geotechnical study completed for the adjacent ACT III Theater complex. The borings were located 300 to 500 feet west and southwest of the site. They generally showed medium dense to dense gravelly sand fill to depths ranging from 5.5 to 8.5 feet below the grades that existed at that time. The fill was underlain by a layer of soft organic silt with peat that ranged from two to four feet in thickness. Sand with silt that was generally medium dense to very dense was observed underlying the soft organic silt to depths ranging from 13 to 33 feet. Four of the borings showed soft to stiff silt underlying the native sand with silt. The borings were terminated at depths ranging from 34 to 39 feet. The Geologic Map of the Renton Quadrangle, King County, Washington, by D.R. Mullineaux (1965), shows that the soils are mapped as peat (Qlp). The native clay and sands underlying the fill at the site correlate better with the description of the nearby mapped alluvium (Qaw). 4.0 GEOLOGIC HAZARDS 4.1 Seismic The Puget Sound area falls within Seismic Zone 3, as classified by the 1997 Uniform Building Code (UBC). Based on the soil conditions encountered and the local geology, Table 16-J of the 1997 UBC, indicates that a soil profile type of SD should be used in design. We reviewed the results of our cone penetration test and assessed the potential for liquefaction of the site's soils during an earthquake. Liquefaction is a phenomenon where there is a reduction or complete loss of soil strength due to an increase in water pressure induced by vibrations. Liquefaction mainly affects loose deposits of fine-grained sands that are below the groundwater table. Page No. 3 March 4, 1999 Project No.T-3062-2 We conducted our analysis using methods outlined in Ground Motions and Soil Liquefaction During Earthquakes, by Seed and Idriss (1982). Loose to medium dense saturated sands to silty sands underlie the site at depths ranging between 10 and 19 feet below the existing grades. Analysis indicates that the basal portion of this soil layer could liquefy if subjected to ground motions from a severe seismic event (magnitude 6.0 or greater). We do not believe building foundations would be subject to a bearing capacity failure. However, total building settlements ranging up to two inches could result upon dissipation of excess pore pressures generated during the seismic event. 5.0 DISCUSSION AND RECOMMENDATIONS 5.1 General From a geotechnical perspective, it is our opinion that it will be feasible to construct the restaurant building on the site, provided the recommendations presented in this report are incorporated into the project design and construction. The primary geotechnical concern at the site is the presence of the loose to medium dense saturated sandy soils encountered between depths of 10 and 19 feet below the existing site grades. As discussed above, ground settlements ranging up to two inches could result from shaking during a severe earthquake. The building may utilize conventional spread footing foundations and slab-on-grade floors constructed on the existing dense fills. If this foundation option is chosen, the owner must be willing to accept the risk of the potential liquefaction-related settlements and associated adverse impacts to on-site structures. If the owner is unwilling to accept the risk of the liquefaction-related settlements, the building foundations and floor slabs should be supported on timber piles or drilled aggregate piers (GEOPIERSTM). Pile or aggregate pier support will mitigate the potential building settlements related to soil compression and liquefaction. The following sections provide detailed recommendations regarding the above issues and other geotechnical design considerations. These recommendations should be incorporated into the final design drawings and construction specifications. 5.2 Site Clearing and Subgrade Preparation To prepare the site for construction, all asphalt from the existing parking lot should be stripped and removed from the site. Care should be taken to insure that the exposed surfaces of the existing fills do not become disturbed due to weather and construction traffic. It may be necessary to protect foundation and slab areas with a layer of crushed rock to guard against soil degradation. Page No. 4 March 4, 1999 Project No.T-3062-2 The ability to use the fill soil as structural fill will depend on its moisture content and the prevailing weather conditions at the time of construction. When the moisture is excessive, the soil can be dried by aeration. Alternatively, an additive, such as lime or cement, can be used to accelerate the drying process and to provide a more stable and workable soil. If building excavations are planned during the wet winter months, and the on-site soils become too wet to achieve adequate compaction, the owner should be prepared to import wet weather structural fill where required. For this purpose, we recommend importing a granular soil that meets the following grading requirements: U.S. Sieve Size Percent Passing 3 inches 100 No. 4 75 maximum No. 200 5 maximum* *Based on the 3/4-inch fraction Prior to use, Terra Associates, Inc. should examine and test all materials imported to the site for use as structural fill. Structural fill should be placed in uniform loose layers not exceeding 12 inches and compacted to a minimum of 95 percent of the soil's maximum dry density as determined by ASTM Test Designation D-698 (Standard Proctor). The moisture content of the soil at the time of compaction should be within two percent of its optimum, as determined by this same ASTM standard. In non-structural areas or for backfill in utility trenches in pavement areas below a depth of 4 feet, the degree of compaction can be reduced to 90 percent. 5.3 Foundation Alternatives Spread Footings If the above-described potential settlements due to liquefaction are acceptable, the restaurant building may be constructed with conventional spread footings and slab-on-grade floors. We recommend constructing the footings on undisturbed subgrades consisting of the dense, existing sandy fills, or structural fill placed on these soils. We recommend designing foundations for a net allowable bearing capacity of 2,000 psf. For short-term loads, such as wind and seismic, a one-third increase in this allowable capacity can be used. With the expected loads and this bearing stress applied, total differential building settlements due to the imposed static loads ranging up to one inch and three-fourth inch, respectively, will occur at the site. The estimated total settlements related to liquefaction are as noted above. Page No. 5 • March 4, 1999 Project No.T-3062-2 A base friction coefficient of 0.4 can be used for designing foundations to resist lateral loads. Passive earth pressures acting on the side of the footing can also be considered for resisting lateral loads. We recommend calculating this lateral resistance using an equivalent fluid weight of 350 pounds per cubic foot(pcf). We do not recommend including the upper 12 inches of soil in this computation because it can be affected by weather or disturbed by future grading activity. This value assumes the foundation will be constructed neat against competent native soil or backfilled with structural fill as described in the Site Clearing and Subgrade Preparation section of this report. The passive value recommended includes a safety factor of 1.5. Timber Piles If the potential settlements described in the preceding sections of this report are not acceptable, we recommend that the building be supported on a foundation system that transfers building loads below the liquefiable sand layers. To accomplish this, one suitable option is to use driven timber piles for building foundation and slab support. We estimate that timber piles with a minimum tip diameter of eight inches will achieve an allowable axial load of 20 tons when driven to minimum tip elevations of 25 to 30 feet below the existing surface grades. This allowable axial load takes into account the potential negative loading caused by downdrag on the pile that is due to consolidation of the organic layer under the building fill and floor slab loads. Full axial capacity can be used provided the piles are spaced at a minimum of three pile diameters. Closer spacing in pile groups will require a reduction in the single pile capacity. This reduction will depend on the number of piles in the pile group and the spacing used. For resistance to lateral loading, a lateral pile capacity of six tons can be used in foundation design. Estimated pile settlements are one-fourth inch and less. To successfully install timber piling at the site, it will probably be necessary to predrill the upper four to five feet of existing fill soils. The pile driving hammer used to install the piles should have sufficient energy to drive the piling to the estimated tip elevation without damage to the pile. For this purpose, we recommend that the pile driving equipment have a minimum rated energy of 15,000 foot-pounds with an efficiency factor of at least 70 percent. We do not believe that vibrations during pile driving will cause damage to nearby structures. However, it may be prudent to contact adjacent businesses regarding potential impacts due to noise and slight vibrations occurring during pile driving. We recommend that prior to ordering production piles and their installation, a minimum of three test piles be driven at the site to verify anticipated tip elevations and establish driving criteria for use in evaluating production pile capacities. The test piles should be driven with the same equipment that will be used in the production pile installations. Page No. 6 March 4, 1999 Project No. T-3062-2 GEOPIERSTM In our opinion, GEOPIERSTM would be an acceptable alternative to timber pile foundations for mitigating potential settlements at the site. Geopiers consist of aggregate columns that are densely compacted in predrilled holes. The procedure improves the foundation subgrade by effectively pre-stressing the soil both vertically and horizontally, and providing a supporting column of structural fill that extends below the clay and loose silty sand layers. Conventional spread footing foundations with slab-on-grade floors can then be constructed on the Geopiers. We expect that Geopier tip elevations will be approximately 25 feet below the existing site grades. Casing will likely be required to stabilize the saturated sands during drilling of the pier shafts. Exclusive rights to design and build Geopiers are held by GEOPIER Foundation Company. The local contact for them is Mr. James W. Johnson in Vancouver,Washington. He can be reached at(360) 254-4907. 5.4 Slab-on-Grade Floors Slabs-on-grade may be supported on the subgrade prepared as recommended in the Site Clearing and Subgrade Preparation section of this report. Immediately below the floor slab, we recommend placing a four-inch thick capillary break layer of clean, free-draining sand or gravel that contains less than three percent by weight of material passing the No. 200 sieve. This material will reduce the potential for upward capillary movement of water through the underlying soil and subsequent wetting of the floor slab. Where moisture by vapor transmission is undesirable, a durable plastic membrane should be placed on the capillary break layer. The membrane should be covered with two inches of clean moist sand to guard against damage during construction and to aid in the curing of the concrete. 5.5 Drainage Surface Final exterior grades should promote free and positive drainage away from the site at all times. Water must not be allowed to pond or collect adjacent to foundations or within the immediate building area. With the exception of paved locations adjacent to buildings, we recommend providing a gradient of at least two percent for a minimum distance of ten feet from the building perimeter. In paved locations, a minimum gradient of one percent should be provided, unless provisions are included for collection and disposal of surface water adjacent to the structure. Page No. 7 March 4, 1999 Project No.T-3062-2 Subsurface We recommend installing perimeter foundation drains. Roof and foundation drains should be tightlined separately to the storm drains. Subsurface drains must be laid with a gradient sufficient to promote positive flow to a controlled point of approved discharge. All drains should be provided with cleanout points at easily accessible locations. A detail showing typical footing drain installation is shown on Figure 5. 5.6 Utilities Utility pipes should be bedded and backfilled in accordance with American Public Works Associates (APWA) or the City of Renton specifications. As a minimum, trench backfill should be placed and compacted as structural fill as described in the Site Clearing and Subgrade Preparation section of this report. If the spread footing foundation alternative is chosen for support of the structure, we recommend incorporating flexible joints in design of utility connections. 5.7 Pavements Pavements should be constructed on subgrades prepared as described in the Site Clearing and Subgrade Preparation section of this report. Regardless of the degree of relative compaction achieved, the subgrade must be firm and relatively unyielding before paving. Proofrolling the subgrade with heavy construction equipment should be completed to verify this condition. The pavement design section is dependent on the supporting capability of the subgrade soils and the traffic conditions to which it will be subjected. As we understand, traffic will mainly consist of light passenger and commercial vehicles with only occasional heavy traffic. Based on this information, with a stable subgrade prepared as recommended,we recommend the following pavement sections: • Two inches of asphalt concrete (AC)over four inches of crushed rock base (CRB) • Two inches of AC over three inches of asphalt treated base(ATB) The paving materials used should conform to the Washington State Department of Transportation (WSDOT) specifications for Class B asphalt concrete, CRB, and ATB. 6.0 ADDITIONAL SERVICES Terra Associates, Inc. should review the final design and specifications in order to verify that earthwork recommendations have been properly interpreted and incorporated into project design and construction. We should also provide geotechnical services during construction in order to observe compliance with the design concepts, specifications, and recommendations. This will allow for design changes if subsurface conditions differ from those anticipated prior to the start of construction. Page No. 8 March 4, 1999 Project No.T-3062-2 7.0 LIMITATIONS We prepared this report in accordance with generally accepted geotechnical engineering practices. This report is the property of Terra Associates, Inc. and is intended for specific application to the Black Angus Restaurant project located in Renton, Washington. This report is for the exclusive use of CNL Restaurant Services, Inc., MCG Architects, and their authorized representatives. The analyses and recommendations presented in this report are based on data obtained from the borings advanced on-site. Variations in soil conditions can occur, the nature and extent of which may not become evident until construction. If variations appear evident, Terra Associates, Inc. should be requested to reevaluate the recommendations in this report prior to proceeding with construction. Page No. 9 , :\. 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'—ST A 1 2;gi SE ST 200TH ST I �, 9900 .ia ST H N g'^ ill. ' N ''' u5 I �, S-_ 202ND _ a ~R 3 n ST �'i c :roan S 202ND ST Q u i �t a' s t N, a I ____-,__ _-sZOIRO' ' 203RD ST _ a" zjz PANTH • <' is < 9L a -dx _ a g •_ Sr eI '�„ I < I �I 1 lA SE`I o , Ig ST KF I2 g I '< S tar.5 nip i` ' , o Ntj �I S 206 S20SMF► 1 • 1.1 C a Qal`v:a }a ' ,i<' - r",. TMn I- - L -- 206TH ST k I r��' ST ...1 o a +:zb+,.� u:�T" '. u,s vAxMvv i;'•, —. REFERENCE: THE THOMAS GUIDE, KING COUNTY, WASHINGTON, PAGES 655, 656, 685 AND 686, 1999 EDITION. VICINITY MAP isetTERRA BLACK ANGUS RESTAURANT t\s` N. ASSOCIATES RENTON, WASHINGTON triseusisGeotechnical Consultants Proj.No. 3062-2 Date MAR. 1999 Figure 1 1 "till_ _________ I 1 I o 2 1 1 I v I 1 ., E 80 feet I v ITROMETER TEST LOCATION �o 1 1 G08/AR99CHITECTS, PROJECT I 1 1 {1 I,,,,„ I I j EXPLORATION LOCATION PLAN n BLACK ANGUS RESTAUR ANT RENTON, WASHINGTON Proj.No. 3062-2 Date MAR. 1999 Figure 2 Cone Penetration Test - CPT-1 Test Date:Feb 10,1999 Operator :Northwest Cone Exploration Ground Surf.Elev.:0.00 Location :Black Angus Restaurant Water Table Depth:8.00 Qt(tsf) Fr. Ratio (%) PWP(tsf) Dr(%) N1(60) (blows/ft) 00 60 120 180 240 300 0 1 2 3 4 5 -1 0 1 2 3 4 0 20 40 60 80 100 0 10 20 30 40 50 4 F ,------ -- _ 8 '` 1 12 1s 1 . 20 j.'- — r� . r 3 1 24 28 32 - - :: Ths - Qt normalized for Fr Ratio=l00'F/(Qt-Sigmav) After Jefferies and Davies(1993) unequal end area effects Gamma=110.1 pef PROJECT NO.3082-2 DATE:February 11,1999 DRAWN BY:Keith Brown TERRA ASSOCIATES, Inc. FIf;I TR. 17 1 CPT-1 Soil Log Logged by: NWC Date: 2/10/99 Approximate Elev. Consistency/ a Estimated Moisture Soil Classification Relative Depth E N60 Content Density (ft.) (%) Pre-drilled to 3 feet. No CPT data. - FILL;silty to gravelly sand. Very _ 52 Dense _ 5 Loose _ 6 Clay. Soft _ 3 10 8 Sand to silty sand. Loose _ 10 to Medium — 15 Dense 8 10 Sandy silt to clayey silt. Soft —20 3 Sand to silty sand. _ 18 23 —25 25 Medium _ Dense _30 23 23 —35 13 _ 22 —40 Terminated at 40.5 feet. Groundwater indicated at 8 feet. CPT SOIL LOG TERRA BLACK ANGUS RESTAURANT tiabl ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj. No. T-3062-2 Date MAR 1999 Figure 4 BUILDING SLAB dad. a a • a O A ., . d Oa • .•:.\\/ // // // • \ '..:. COMPACTED \ja STRUCTURAL : ': : ::/ j • BACKFILL: e e e. n a � e .d �. ///\///\///\///\///\///\ /\ / // 4" PERFORATED PIPE WASHED ROCK NOT TO SCALE TYPICAL FOOTING DRAIN DETAIL itis, TERRA BLACK ANGUS RESTAURANT & ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj.No. 3062-2 Date MAR. 1999 Figure 5 qq -060¢ 0-1) PRELIMINARY DRAINAGE REPORT BLACK ANGUS RESTAURANT 4100 Block of East Valley Road Renton, Washington The site, approximately 1.5 acres is located within the northeastern corner of the existing ACT III Theatre site in the City of Renton (See Site Map). The Black Angus Restaurant site will include a building area of approximately 6,700 square feet with the remaining area designated as parking and landscape areas. The ACT III Theatre basin, 13.23 acres, was designed with a biofiltration swale and combination detention/water quality facility that includes the proposed Black Angus Restaurant site area. The facilities were designed per the 1992 edition of the King County Surface Water Design Manual (See Drainage Calculations for ACT III Theatres). In the designated Black Angus site area, the existing conditions include all impervious parking area with 4 landscaped islands. The proposed development will not add any additional impervious surface; actually, the proposed development will include the construction of additional landscaped pervious areas. Since the ACT III Theatre :i.jritetw,:aposRpdiel2szizgn:199t90 include the Black Angus site, additional detention/water quality will not be equired. T p TvOFRENoN ING RECEJVED Treece&Company Page 1 — ill CA w -- - -' - � F Ir ` - a• Ih aIL IL -- - ®$ _ 01IIIIIIIIIIIIIIIIImIIIIIIIf; O a y "" ""1°SC ..1— OIIIIIIIIIIIIIIIIII;iiiiiii0O 1 :' ;! IL �,I;IH j . \ • 0IIIIIIIIIIIIIIIIIk JIIIIIl`r;T�0 I� i , -I •'' k _ — O IIIIIIIIIIIIIIf; IIIIIII; O _ SI NtA St x II 1 IM - '. J IC HOW QUO QpIIIIIIIIIIIIIIk�IIIIIlI; O `( IL 1 smc CA OIIIIIIIIIIIIIIIIf; IIIIII "0 c i I IM , �IM\s,,Iwt t CA • I: R _ 1 x ..� U•,.ma\vz >i.r �H3 PARCEL MAP " / ». "y..�,�. s��N Rse w vx SCALE 1"=600'•0" _ t (lulluuwluul- - BLACK ANGUS j I - --.,', -. III III11 Mil I� IIi - r ic� �l ; [, .I i„ . 2 • , I ■ 2 I� �,x�v. 3 ` Jron n a — I- -� 1, I 1 I I I I I I t- x nuuu U i L I N G T 0+ t_ �NyyµO (l3; IIOIII IIII 1I11I+IIIO p I; g' i � _ �i luau N j R T N E R N • - - 1 III 111. lv, I I t i p \` I - i t 1zI _ 1^1 I +n' MI Iy'�I Iy�n� _ __ _c V IIIIif;IIIIII III1I1I111p pl'IIIIIU �r I _ _1 0 I I IIIIIIIIIIIlI I I 0 0111++H0 ' -:2--... . L ...an. _.L . IIII1111 ■ ' c Y l •1 I • N .. -, f _ —, NGTON NORTNERIk JSOALTHERN 'Rs` 11 III_.-__ �-?.- • ___3, --- !�'x _ INDUSTRIAL' PORK. a I to yyy . e _— +. —(---:- f _ H RENTON DI V. I 9{�t y 'tit. ,.` S. j /sA S.tv. 41 ST STREET v. 41ST ST. //I 'y{AI/II 1 . 1;1 I\ ..1 !1,-7' --. REFERENCE SITE PLAN VICINITY MAP SCALE 1"=100'•0" SCALE 1"=200'•0" - /e..T 0 Co ,, hwat.edjI.e„eNo* 0k.A1hP' e;A/ REFERENCE PLANS col Cie...Tenant ref Ca enrwd Army eppyrale No warrantors w SuvvRees ol.n ere°`e'.: bet,.Aditect PAGE 2 -1 •INI ! BLACK ANGUS RESTAURANT #4 EAST VALLEY HWY & 41ST STREET .. " ' RENTON, WASHINGTON ARCHITECTS A C01..S L PROJECT FOR 7OS AYtka Street American Restatrant Group s.,Frarceco,Grate` 9e1012O A 460 Newport Drive 4u97•6002 lax 4TS4741Ss6 Newport Beach, CA 92660 ' "` HDA File No. 9566.00 DRAINAGE CALCULATIONS FOR ACT HI THEATRES CITY OF RENTON, WASHINGTON Prepared By: Bryant O. Mercil, P.E. HORTON DENNIS & ASSOCIATES, INC. ' I 320 Second Avenue South �$S O. :; o �1ro Kirkland, Washington 98033-6687 �4�� .�� ar� Phone: (206) 822-2525 ti� �; , a Fax: (206) 822-8758 `� .� x May 15, 1995 $.� e'�`C13TER G�,�'�� Revised July 14, 1996 , IONA!, • Revised August 8, 1996 8/8/CI EXPIRES A/27/q{3 ' 1 TABLE OF CONTENTS Introduction: 1 Summary of Results: 2 • Basin Summaries: 5 Detention Basin Design Data: 9 Water Quality 11 Drainage Area Map: 17 INTRODUCTION The following computations present the preliminary design of a stormwater detention system for the proposed Act III Theater Facility. The proposed 12.28 acre development, comprised of a 56,896 square foot theatre with 13 screens and 3,584 seats, is located on the west side of East Valley Highway, north of SW 41 st Street in the City of Renton. EXISTING DRAINAGE CONDITIONS The project site is presently a vacant parcel (Lot 3 of the Northern Railroad Binding Site Plan No. 014-92). The parcel was filled approximately 18 years ago. The existing ground cover consists mainly of grasses in poor condition over the fill material. The western portion of the parcel has several low areas identified during early project review as wetland areas with low functional values. The site generally drains from east to west to the wetland areas at an average slope of 0.25 percent. The runoff curve number and time of concentration for the pre developed condition were obtained from the preliminary drainage calculations, prepared by Bush, Roed and Hitchings in support of the site plan application for the Pace warehouse development (SP-005-92). A copy of the preliminary calculations has been provided at the end of this report. PROPOSED DRAINAGE CONDITIONS Runoff from the parking area in front of the proposed building will be conveyed in a storm drain pipe system to a grass-lined swale in the proposed wetland buffer at the rear of the building. The swale has been designed with a flat slope to promote water quality through ponding prior to discharge into the detention basin. The swale will outfall into the first of three water quality ponds. These ponds have been designed using the methodologies for a combined water quality / detention basin as outlined in the 1992 edition of the King County Stormwater Management (SWM) Manual. While the above mentioned grass lined swale will provide some water quality benefits, site constraints precluded the design of a bio-filtration swale meeting the requirements of the King County SWM Manual. To compensate for use of a smaller swale, additional storage has been provided in the proposed water quality ponds. Additional water quality storage has also been provided to compensate for paved areas downstream of the proposed facility. Calculations for pond surface area and volume are detailed on page 13 of this report. 1 The proposed detention basin has been designed to maximize the volume available for storage of excess storm water runoff while maintaining the hydrology of the existing and proposed wetland areas. The detention basin has been designed to release flows at or below the pre developed rates for the 2, 10, and 100 year storms per city of Renton standards. Detention storage has also been provided for development of Lots 4 and 6 of the Burlington Northern Binding Site Plan (BSP 014- 92), immediately south of the project site. The boundaries of the proposed drainage area tributary to the detention facility as well as limits of the bypass and off site areas are delineated on the drainage area map at the end of this report. The "Waterworks" program with the Santa Barbara Unit Hydrograph(SBUH)method and King County rainfall distribution (USER 1) was used in the design of the proposed facility. Control in the detention system will be provided by the following set inside of a 54 inch diameter catch basin manhole. • A 1 inch diameter orifice with an outlet elevation of 10.87 • A 3.5 inch diameter orifice with an outlet elevation of 15.00 • A 6 inch diameter elbow with an outlet elevation of 15.50 • An 15 inch diameter restrictor with an overflow elevation of 16.50 The control structure will discharge to a 15-inch storm drain pipe. The storm drain pipe will extend approximately 450 feet west to a connection with an existing 60-inch storm drain pipe on the west side of Lind Avenue. The 60-inch storm drain pipe continues approximately 1300 feet north, then 1,000 feet east to an outfall in Springbrook Creek. 2 SUMMARY OF RESULTS PROPOSED DETENTION SYSTEM Total Area of Project Site: 12.28 Acres Less Bypass Area: 0.60 Acres Less Bypass Area Tributary to Home Base Detention Basin: 0.26 Acres Total Area of Project Site Tributary to Detention Basin: 11.42 Acres Plus Offsite Wetland Mitigation Area: 0.28 Acres Plus Offsite Areas (Home Base and Ex. Warehouse). 0.01 Acres Plus Area of Lots 4 and 6 (BSP 014-92) Tributary to Detention Basin: 1.52 Acres Total Area Tributary to Detention Basin: 13.23 Acres 1 YEAR STORM (WATER QUALITY) Peak Discharge for Pre Developed Conditions: N/A Peak Inflow to Basin: 1.17 cfs Proposed Release Rate: 0.05cfs Design Water Surface Elevation: 14.01 Approximate Volume of Storage Provided: 14,800 cf 2 YEAR STORM Peak Discharge for Pre Developed Conditions: 0.66 cfs Peak Inflow to Basin: 4.53 cfs Proposed Release Rate: 0.55 cfs Design Water Surface Elevation: 15.61 Approximate Volume of Storage Provided: 52,800 cf 10 YEAR STORM Peak Discharge for Pre Developed Conditions: 1.76 cfs Peak Inflow to Basin: 6.94 cfs Proposed Release Rate: 1.03 cfs Design Water Surface Elevation: 15.95 Volume of Storage Provided: 63,400 cf 100 YEAR STORM Peak Discharge for Pre Developed Conditions: 3.28 cfs Peak Inflow to Basin: 9.66 cfs Proposed Release Rate: 1.37 cfs Design Water Surface Elevation: 16.38 Volume of Storage Provided: 85,300 cf 3 SUMMARY OF RESULTS HISTORY OF HYDROGRAPH ACTIVITY Date of Session: 8/8/96 11:12:34 am LPOOL 1 "WATER QUALITY STORM" B1-WQ-1 B1-WQ-1 S-4 D-4 1 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume WATER QUALITY STORM 0.00 1.17 S-4 D-4 14.01 0. 05 1 14819. 61 cf LPOOL 2 "2 YEAR STORM" B1-EX2 B1-DEV2 S-4 D-4 2 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume 2 YEAR STORM 0.66 4.53 S-4 D-4 15. 61 0.55 2 52822.37 cf LPOOL 3 "10 YEAR STORM" B1-EX10 B1-DEV10 S-4 D-4 3 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume 10 YEAR STORM 1.76 6.94 S-4 D-4 15.95 1.03 3 63440.51 cf LPOOL 4 "100 YEAR STORM" B1-EX100 B1-DE100 S-4 D-4 4 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume 100 YEAR STORM 3.28 9. 66 S-4 D-4 16.38 1.37 4 85360.08 cf • 4 BASIN SUMMARIES 5 BASIN SUMMARIES PRE DEVELOPED CONDITIONS BASIN ID: B1-EX2 NAME: BASIN 1, EX. 2YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.00 inches AREA. . : 13.23 Acres 0.00 Acres TIME INTERVAL 10.00 min CN • 81.00 0.00 TC • 60.00 min 0.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 0.66 cfs VOL: 0.67 Ac-ft TIME: 520 min • BASIN ID: B1-EX10 NAME: BASIN 1, EX. 10YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.90 inches AREA. . : 13.23 Acres 0.00 Acres TIME INTERVAL 10.00 min CN • 81.00 0.00 TC • 60.00 min 0.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 1.76 cfs VOL: 1.36 Ac-ft TIME: 490 min BASIN ID: B1-EX100 NAME: BASIN 1, EX. 100YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE • USER1 PERV IMP PRECIPITATION • 3.90 inches AREA. . : 13.23 Acres 0.00 Acres TIME INTERVAL 10.00 min CN • 81.00 0.00 TC • 60.00 min 0.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 3.28 cfs VOL: 2.25 Ac-ft TIME: 490 min 6 BASIN SUMMARIES POST DEVELOPED CONDITIONS BASIN ID: B1-WQ-1 NAME: BASIN 1, WATER QUALITY STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 0. 67 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN • 81.00 98. 00 TC • 39.80 min 14. 85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach - Sheet L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 impTcReach - Sheet L: 50. 00 ns:0.0110 p2yr: 2.00 s: 0.0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc: 17.00 s:0. 0045 PEAK RATE: 1.17 cfs VOL: 0.41 Ac-ft TIME: 480 min BASIN ID: B1-DEV2 NAME: BASIN 1, DEV. 2YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.00 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10. 00 min CN • 81.00 98.00 TC • 39.80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach - Sheet L: 20.00 ns: 0.2400 p2yr: 2. 00 s:0.0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc: 17.00 s:0.0045 PEAK RATE: 4.53 cfs VOL: 1.68 Ac-ft TIME: 480 min BASIN ID: Bl-DEV10 NAME: BASIN 1, DEV. 10YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.90 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN • 81.00 98.00 TC • 39. 80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach - Sheet L: 20. 00 ns:0.2400 p2yr: 2.00 s: 0. 0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 impTcReach - Channel L: 990.00 kc:42.00 s:0. 0038 impTcReach - Channel L: 165.00 kc: 17.00 s:0.0045 PEAK RATE: 6.94 cfs VOL: 2. 60 Ac-ft TIME: 480 min • BASIN ID: Bl-DE100 NAME: BASIN 1, DEV. 100 YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 3.90 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN • 81.00 98.00 TC • 39.80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0. 0100 impTcReach - Sheet L: 20.00 ns:0.2400 p2yr: 2.00 s:0. 0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 9.66 cfs VOL: 3.65 Ac-ft TIME: 480 min • DETENTION BASIN DESIGN DATA 9 • STAGE STORAGE TABLE CUSTOM STORAGE ID No. S-4 Description: PROPOSED DETENTION BASIN STAGE <----STORAGE----> STAGE <----STORAGE----> STAGE <----STORAGE----> STAGE <----STORAGE----> (ft) ---cf--- --Ac-Ft- (ft) ---cf--- --Ac-Ft- (ft) ---cf--- --Ac-Ft- (ft) ---cf--- --Ac-Ft- 13.00 0.0000 0.0000 14.20 18550 0.4258 15.40 46350 1.0640 16.60 97350 2.2348 13.10 1470 0.0337 14.30 20475 0.4700 15.50 49450 1.1352 16.70 102750 2.3588 13.20 2940 0.0675 14.40 22400 0.5142 15.60 52550 1.2064 16.80 108150 2.4828 13.30 4410 0.1012 14.50 24325 0.5584 15.70 55650 1.2775 16.90 113550 2.6067 13.40 5880 0.1350 14.60 26250 0.6026 15.80 58750 1.3487 17.00 118950 2.7307 13.50 7350 0.1687 14.70 28175 0.6468 15.90 61850 1.4199 17.10 124350 2.8547 13.60 8820 0.2025 14.80 30100 0.6910 16.00 64950 1.4910 17.20 129750 2.9787 13.70 10290 0.2362 14.90 32025 0.7352 16.10 70350 1.6150 17.30 135150 3.1026 13.80 11760 0.2700 15.00 33950 0.7794 16.20 75750 1.7390 17.40 140550 3.2266 13.90 13230 0.3037 15.10 37050 0.8506 16.30 81150 1.8629 17.50 145950 3.3506 14.00 14700 0.3375 15.20 40150 0.9217 16.40 86550 1.9869 14.10 16625 0.3817 15.30 43250 0.9929 16.50 91950 2.1109 STAGE DISCHARGE TABLE MULTIPLE ORIFICE ID No. 0-4 (USED IN DEVELOPMENT OF STAGE-DISCHARGE LIST D-2) Description: CATCH BASIN NO. 4A Outlet Elev: 10.87 Elev: 8.87 ft Orifice Diameter: 1.0000 in. Elev: 15.00 ft Orifice 2 Diameter: 3.5000 in. Elev: 15.50 ft Orifice 3 Diameter: 6.0000 in. STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> (ft) ---cfs (ft) ---cfs (ft) ---cfs (ft) ---cfs 10.87 0.0000 12.30 0.0325 13.80 0.0465 15.30 0.2392 10.90 0.0047 12.40 0.0336 13.90 0.0472 15.40 0.2680 11.00 0.0098 12.50 0.0346 14.00 0.0480 15.50 0.2935 11.10 0.0130 12.60 0.0357 14.10 0.0488 15.60 0.6255 11.20 0.0156 12.70 0.0367 14.20 0.0495 15.70 0.7747 11.30 0.0178 12.80 0.0377 14.30 0.0503 15.80 0.8927 11.40 0.0198 12.90 0.0387 14.40 0.0510 15.90 0.9941 11.50 0.0215 13.00 0.0396 14.50 0.0517 16.00 1.0847 11.60 0.0232 13.10 0.0405 14.60 0.0524 16.10 1.1674 11.70 0.0247 13.20 0.0414 14.70 0.0531 16.20 1.2442 11.80 0.0262 13.30 0.0423 14.80 0.0538 16.30 1.3161 11.90 0.0275 13.40 0.0432 14.90 0.0545 16.40 1.3839 12.00 0.0288 13.50 0.0440 15.00 0.0552 16.50 1.4485 12.10 0.0301 13.60 0.0448 15.10 0.1609 12.20 0.0313 13.70 0.0457 15.20 0.2051 STAGE DISCHARGE TABLE DISCHARGE LIST ID No. D-4 Description: CATCH BASIN NO. 4A STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> (ft) ---cfs (ft) ---cfs (ft) ---cfs (ft) ---cfs 13.00 0.0000 13.90 0.0489 s=� 14.80 0.0580 15.70 0.7700 13.10 0.0400 14.00 0.0500 14.90 0.0590 15.80 0.8733 13.20 0.0411 14.10 0.0510 15.00 0.0600 15.90 0.9767 13.30 0.0422 14.20 0.0520 15.10 0.1200 16.00 1.0800 13.40 0.0433 14.30 0.0530 15.20 0.1800 16.10 1.1600 13.50 0.0444 14.40 0.0540 15.30 0.2400 16.20 1.2400 13.60 0.0456 14.50 0.0550 15.40 0.2650 16.30 1.3200 13.70 0.0467 14.60 0.0560 15.50. 0.2900 16.40 1.3850 13.80 0.0478 14.70 0.0570 15.60 0.5300 16.50 1.4500 10 WATER QUALITY 11 WATER QUALITY Reference: King County Surface Water Design Manual BIOFILTRATION Section 1.2.3 Core Requirement No. 3 Threashold for Biofiltration: Maximum Allowable Impervious Area Subject to Vehicular Traffic, A imp: 5,000 SF Proposed Condition: Total Impervious Area Subject to Vehicular Traffic, Aimp: 290,400 SF Biofiltration is required. Because of constraints on site grading, the surface area proposed in the grass-lined swale outfall to the water quality ponds does not meet the design standards outlined in the manual. In order to compensate for the loss of biofiltration area, the proposed wetponds have been enlarged to provide additional surface area and storage volume. The calculations for the proposed wetponds are presented on the following page. 12 SPECIAL WATER QUALITY CONTROLS Section 1.3.5 Special Requirement No. 5 As outlined in the introduction, the proposed detention system outfalls to an existing storm drain pipe system in Lind Avenue for eventual discharge into Springbrook Creek, a Class 2 stream. Since the project site proposes discharge within a one mile radius of a Class 2 Stream, a wetpond is required. The engineering plans propose a three cell combination wetpond - detention basin. Since the surface area of the proposed grass lined swale could not meet the requirements outlined in the SWM Manual, additional surface area and storage volume has been proposed in the wetponds. As shown in the following calculations, the proposed wet ponds provide over four times the required wetpond surface area and over two time the required wetpond storage volume. This additional surface area and storage volume is intended to compensate for the limited surface area in the proposed grass lined swale. WETPOND DESIGN Required Water Surface Area, Awq: 3,496 SF Awq = One Percent of Impervious Area Impervious Area, Aimp• 349,600 SF Act III Project: 290,400 SF Lots 4 and 6 (BSP 014-92): 50,000 SF Access Driveway to Lind Avenue: 9,200 SF Proposed Water Surface Area, Awq: 11,900 SF Ratio of Proposed Water Surface Area to Required Water Surface Area: 3 40 Section 1.3.5(2) Storage Volume Required Storage Volume, Vwq: 17,775 CF Vwq= Total Volume of Runoff from the Mean Annual Storm Vwq = 0.408 Acre-Feet x 43,560 (See Page 4 for Storm Routing) Total Drainage Area, A. 13.48 Acres Act III Project: 11.71 Acres Lots 4 and 6 (BSP 014-92): 1.52 Acres Access Driveway to Lind Avenue: 0.25 Acres Proposed Storage Volume, Vwq: 27,350 CF Ratio of Proposed Storage Volume to Required Storage Volume: 1.54 The volume calculations for the proposed wetponds are presented on the following page. 13 8/8/96 1:13 PM WATER QUALITY PONDS VOLUME CALCUALTIONS POND NO. 1 WS Area Avg. Area Depth Inc. Volume Total Volume Elevation Square Feet Square Feet Feet Cubic Feet Cubic Feet 10.00 3,500.00 0.00 3,850.00 1.00 3,850.00 11.00 4,200.00 3,850.00 5,050.00 2.00 10,100.00 13.00 5,900.00 13,950.00 • POND NO. 2 WS Area Avg. Area Depth Inc. Volume Total Volume Elevation Square Feet Square Feet Feet Cubic Feet Cubic Feet 10.00 2,500.00 0.00 2,800.00 1.00 2,800.00 11.00 3,100.00 2,800.00 3,750.00 2.00 7,500.00 13.00 4,400.00 10,300.00 POND NO. 3 WS Area Avg. Area Depth Inc. Volume Total Volume , Elevation Square Feet Square Feet Feet Cubic Feet Cubic Feet 10.00 600.00 0.00 700.00 1.00 700.00 11.00 800.00 700.00 1,200.00 2.00 2,400.00 13.00 1,600.00 3,100.00 Total Surface Area Provided* 11,900.00 Square Feet Total Volume Provided• 27,350.00 Cubic Feet 14 WQSTO1.3a_,S COALESCING PLATE OIL/WATER SEPARATORS Section 1.3.6 Special Requirement No. 6 Threashold for Coalescing Plate Oil/Water Separators Maximum Allowable Impervious Area Subject to Vehicular Traffic, A imp: 5.00 Acres Maximum Number of Vehicle Trips Per Day. 2,500 Trips Proposed Condition: Total Impervious Area Subject to Vehicular Traffic, Aimp: 6.67 Acres Proposed Number of Vehicle Trips Per Day: 1,272 Trips See page 15 of the Traffic Impact Analysis for the proposed theatre project (copy attached). 15 Traffic Impact Analysis for Act Ill's East Valley Cinema December 15, 1995 Table 4. Pr 'ect Tri Generation - — Daily Trips Peak Month Peak Month Peak Month Avg Month Size Mon-Thur' Friday' Avg Weekday` Av,,q Weekdays .� Cinema 3,584 seats 1,900 2.903 2,100 1,272 Friday Peak Hour Trips Peak Month Peak Month PM Peak Hour Theater Peak Hour el:30-5:30 pm.) (7-8 p.m.) Size In Out Total In_ Out Total INA Cinema 3,5B4 seats 148 67 215 444 309 753 1 Based on average customer ticker data from Ju`y 1 to 14, 1995. 2 Agristed based on a weigrted average of Monday to Friday atndrtions. 3 Adiusled based an erage monthly ticket sales data with Jut yticket sales representin 13.75%of The yearly sales. Project Trip Distribution and Assignment The trip distribution in the Pace Warehouse study were based on the travel fore- casting model developed by T1 ANSPO for the ✓a1.ey 71-ansportation Benefit Assessment Dis- trict analysis. To derive the trip distribution for the cinema project. the Pace Warehouse distribution was adjusted based on the traffic patterns associated with the surrounding street system and review of population and employment in and around the area. The resulting trip distribution for the Renton East Valley Cinema is shown on Figure 7. Forty (4O) percent of the project traffic would be oriented to the north via Lind Avenue SW, lit E Valley Road, and SR 167. Another 15 percent would be oriented west via SW 43rd Street Approximately 35 percent would be oriented to areas south of the project site via E Valley Road and SR 167. The remaining 10 percent would be oriented to and from the east via SW 43rd Street. The project-generated trips were assigned to the vicinity street system based on the distribution pattern, local travel patterns in the area. and the location of project driveways. The resulting assignment is shown in Figure 8. Sixty-eight (65) percent of the project traffic all was assigned to the two driveways on E Valley Road, while 25 percent of the project traffic was assigned to the driveway on SW 41st Street. The remaining 7 percent was assigned the proposed access driveway on Lind Avenue SW. I Traffic Volumes a The project-generated.traffic was added to the 1996 baseline traffic volumes without the project to produce traffic volumes for 1996 with-project conditions during the weekday PM peak hour. Additionally, since the proposed project would add an access road from the site to Lind Avenue SW. a redistribution of HomeBase trips was also incorporated into the 1996 with-project traffic conditions. The resulting weekday PM peak hour volumes are shown on Figure 9. A comparison of project traffic to total traffic at study area intersections is presented in Table 5. • 953,71,00/JLS/95331R! The TRAVSPO Group,Inc. Page 15 16 . DRAINAGE AREA MAP 17 ` I II II JIIC AKCA IKBUTARY TO HOME BASE DETENTION BASIN ;RI" AI"CCA IKfBUTARP TO HOME BASE DETENTION BASIN f I I Y� AREA .. 0.11 ACRES EA 0.15 ACRES • I LOT I OFF SITE AREA TRIBUTARY TO BASIN-BINDING MITI rrrx FOR BvuINGTON NORTN16x AREA 0.002 ACRES ssr O.oaa-as J IZIITING 8o][I RUM , EN.Flat NroItANr oa►tNoeor I� I DRAINAGE DIVIDE I I 11 I _ y "'� "`°Dome WEILAND MU DSTRO SEbro9•sl•E-l7S.Sz' CONCRETE PAD a 1•e xnau,r CB N0.26 _. 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I ii 1 0t aNr•yA MII NI II'M,�IU��_►• I•a3.1 �•:� OF ROOF DRAIN IN vJRor+GNTwuAnw I. I i -. STA:O.sale-21.16 T. YA1FR OVALrTr POND NQ 3 e•E 1� • " . �� `� INTAK N0. 4N ,�',V'�� ! CBlimn NO 2, i • 1 'PVC }..!Ill e •,'in.OD' 0'11 r ` E a• r zr ME TReEr\ 1 III Ilo . TFAu Io , MI ' ') , BYPASS AREA = 0.04 ACRES JIt° C ��/ A , I ..� 1 7 YCp 1y�t!. 1�1 1, LS►1'�_m \ •' I 1 SDCO N0.36 u IN i ��A �Q I.r',, • e'CONC.9OEWAlK 14 I r IL '} RM.I2.aD ' ' • 001 II a+NNK INra. �,� '.` , I' - I Q 1 �,+': INV_10.a0 E%.CONCRETE PAO IRO sTll�i //. I I� I n n.xxaw, `. ./ I I II -.:,, •1'•,.S-•";.••. - UON7 TO 6E RD.a:iFD. , , '�. "A1FN OUAIJtt II 1J1'-ORal ASS-TIRED 12'PVG m y II /.R]Q " C: N0.2 - \�\ / / POND f10.2 Ilfl' .a3,iSFE ARCMIECNRAI PLANS ®:•� '•y� O1.._ .' ' 116'-12'T'vC 50 '• I / �1: n.2(1" �/(b ( • aFopOETARs 6 9DE,IAt1( •• r- 1 1INTAKE N0.IF ,Y-tz'P1C m 2+ A�� 111If'I CONdEIE PAD rpt L xZ (i> E6f j/4, I '� I�`02Y-tYPvcm -. '�_1ill/cB N0.2J uwW�rttnmuT� �; / \ ' ' ^ le Jtl I/ 1D+010CRAM1 � � _ ` ' PLAN Fm DETNLs \\ i,$ f ( � .;.'!n��•r. 1�I� t. I2-6ncRaCF � 'i ... I .. �, eyf�!� mANs-2.00; Sa^, -NoPLAN : I + _�' tl Il '" 1 \ I �fl� 1.'-,e•nc m •2LYJ� -.�I�` '� } $ le'-rP.c m(Paw oNA,N)) 11 �'-rP.c m.iooN V :•. R r-1a TC IA DM%LDM :.:Cf b,`` 8 WATER Tv FOND N0. /.o.. SDCO NO.3, cps W I f ; - .:;ate;�- NIY_2+.00 SD 0 H•. ., N I y {-] / ,{ ' II I J I - .__ ;r �J�, ,...� :_I!m -ias90o I P / , \ •�� I aPeasl ..Rsamae.w.2.1•SC SD ; i ...o4 w-. ` /.. Ex. w .i SxOp.Op�N cL ,,, b } .r�/■j11 f1\�1II / I as'OTT.-. it I - Is 'J W,�`ie»�� I - ..III. ,. ' - ' - ' • •I \ I - 1ex'-ITz'Pee m ,1 1 ne•-1'FlC m '•/ Nip m ' ,Y-IzvvC �: 20 ' ' ' 4611 L \` ' ", r 1Y-IYCP m e as'-07K m-SOOfiF-_ 1e0'_IZTLC m /� CB NO, tt / 1: , u�ry � _ _ •� _ F N0. 10' i.r -10 �• �-�� CJCCi - a -li; �� __ , `� ,e �,� `Ati' . / `Il \ 1�•.T a + m+ •_,r- :`ec - i��' ;�� -Neam.z � ' �•rt.il 'F-^Ili la CB N0. , - irei ,... ' ' ' PI / O =7f� �:�25I!I:1 Ea aNN yyq INTAKE NO. CB NO.E,. C8 N0. 7 °N'. • TAX N. $ W C w.ea- so •- . saatat-u.lcT. ,Sa•-sruuaw AIE.,.mN }� s1L oLTNI. ET e• NO.18 !: ACCESS 10 RAM oUµrTY POO / 10a-i�7VC m� -- all.) I ill 1 ' '„is 12�K TihtI "I E»•nrt-- INTAKE N0. • DEL DETAIL.SHEET► NOt-.OYY[-10.00' I 1 I MOa,e-a-LT• - 15 - . ts'-IYP1C m I67-12'P,C m ••' INTAKE N0.,C NOLes-JLID'1:T. SaSCt2'W-06.,2' I Ire \, IN T.N MTAN 0.1EA PI+ �•Vrta YEX. ONE STORY CONCRETE BUILDING ,L!!.e•3-orW-isosr j I 1rsrs a 124,E AV ":,r/ELOPED OFF SITE AREA BYPASSING BASIN = 0.25 ACRES �"A�WSW . ��BYPASS AREA = 0.07 ACRES / /� �� a� 1 OFF SITE AREA TRIBUTARY TO BASIN j/ / -le 160.-12.P1X so i. 1i DRAINAGE DIVIDE AREA = 0.005 ACRES �� • ,/zi 1 \ , • : . 1.0._, . . KZ"' / /sy/ 01., , P// :,741 i / 0 •- �„M TOTAL AREA OF PROJECT SITE: " • / ;,,''NI � , I WA. LESS BYPASS AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 28 ACRES I' ° '•/ / �, I , / // >v,- - �� '; LESS BYPASS AREA TRIBUTARY TO HOME BASE DETENTION BASIN. 0.60 ACRES 6- _ ---- _wy_DV ii TOTAL AREA OF PROJECT SITE TRIBUTARY TO DETENTION BASIN 0.26 ACRES -- -_., a• --�I41 - . PLUS OFFSITE WETLAND MITIGATION AREA. 11.42 ACRES a•YY•rr7- ^•• a .11 seanrort u_ee'J e- WV. -I03e7 �^ 0.28 ACRES g-- �� __ �� : � " N PLUS OFFSITE AREAS (HOME BASE AND EX. WAREHOUSE). 0.01 ACRES 1-- _u- _6_ .tea =1 - `"'I^` PLUS AREA OF LOTS 4 AND 6 (BSP 014-92) TRIBUTARY TO DETENTION BASIN. . . . 1.52 ACRES LOT 6 (BSP 014-92) El Y°"w�aA�+ TOTAL AREA TRIBUTARY TO DETENTION BASIN. '°�'"" max I b 13.23 ACRES AREA = 0.76 ACRES F DRAINAGE AREA MAP BYPASS AREA = 0.04 ACRES FOR LOT 4 (BSP 014-92 - ACT III THEATERS S. W. 41 ST STREET AREA = 0.76 ACRES AAA• _ - - -