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Home My WebLink AboutLUA99-127 CDMMENTS 7_14 set D I 1 - 12.1 ****************79*$#**7i ******pint***#*****,s 132304-9010-03 (MARRY INDUSTRIAL PARK LLC 882871 9125 10TH AVE S SEATTLE WA 98108 132304-9020-01 BURLINOTON NORTHRN SANTA FE715175 TAX DEPT 1700 E GOLF RD 114O0 SCHAUM?URG IL 60173 I JtJvZ �vvv v . BLACKRIVER-RIVERTECH L L C 779999 700 FIFTH AVE STE 6000 SEATTLE WA 98104 182305-9036-07 WBW L L C 889999 2809 173R0 CT NE REC"0N0 WA 98052 182305-9036-05 BRI0OF ROBERT 805002 08A KCB CO PO BOX 1055 RENTON WA 98057 182305-9053-05 PLUM TREE PARK/PROPERTY TAX789999 P O BOX A 3879 CHICAGO IL 60690 182.305-9165-00 fZBfLT SLAVC P+LUCY M 0N1504 430 MAPLE AVE SW RENTON WA 98055 SCHNEIDER HOMES INC 709999 6510 SOUTHCENTER BLVD 01 TUKWILA WA 98188 182305-9247-02 PADOVICH JOHN C+CAROL 0 719999 2000 124TH 1:8103 BELLEVUE WA 98005 182305-9250-06 BNSF RAILROAD 82007? PROPERTY TAX DEPARTMENT 1700 E GOLF RD 4TH FLOOR SCHAUMBURG IL 60173 1B2305-9251-05 COLLINS L L C 750023 ATTN: WOO HOKWAI 3702 AUBURN WAY S :8-102 AUBURN WA 98092 1CY_1V7'7tiG-U ' RADCVICH JOHN C+CAROL D 719999 2000 124TH 08103 BELLEVUE WA 98005 182305-9253-03 PENTON SCHOOL DISTRICT ';4037N9800 435 MAIN AVE SOUTH RElTON WA 98055 182305-9254-02 POLACK PROPERTIES 049999 PC 8 X 3065 SEATTLE WA 98114 'it,' WE... U°R L L C 869999 ?P09 173RD CT NE REDMOND WA 98052 162309-9281-09 RAOOVICH JOHN CfCAROL 0 719999 2000 124TH 118103 BELLEVUE WA 98005 182305-9283-07 RAOOVICH JOHN C E CAROL 0 779800 2000 124TH 2191C3 BELLEVUE WA 98005 214370-0005-04 COLLIER RCBERT E E PHYLLIS 8N9800 360 STEVENS AVE SW PENTON WA 98055 214370-0010-07 CITY OF RENTON 701132 200 MILL AVE S PENTON WA 98055 C.L'T,j I V-VV11-VV ZAPUTIL RUDOLPH R0777 420 LIND AVE SW RENTON WA 98055 214370-0012-05 MATHEWSON H F 425 MAPLE AVE S W RENTON WA 98055 214370-0030-03 ZAPUTIL RUDCLPH R0777 420 LIND AVE Sig RENTON WA 98055 214370-0040-01 NIEMCZYK WALTER J 7221 S 135TH SEATTLE WA 98178 214370-0046-05 RO8ISON JAMES L 162879 9670 RAINIER AVE S SEATTLE WA 98118 214370-0055-03 MATHEWSON HARRY 425 MAPLE AVE SW RENTON WA 98055 214370-0861-07 THARP JOHN J 919999 359 THOMAS AVE SW RENTON WA 98055 `1177V-'„IJ 7V vL BARNES GEORGE L+LILY 272008 833 SW SUNSET BLVD, CH-39 RENTON WA 98055 011990-0400-08 WOODSIDE LEE I 009999 833 SW SUNSET BLYD, CH-40 RENTON WA 98055 P11990-0410-06 LOWE WANDA L 819999 233 SW SUNSET BLVD C41 H RENTON WA 98055 811990-0420-04 STENSIIN RICHARD E+JOY E 009999 933 SW SUNSET BLVD VI-42 RENTON WA 98055 811990-0430-02 POCK CHEUK MING 872663 R33 SW SUNSET BLVD CI-43 RENTON WA 98055 tsd L J1 1! v-1 LEW RAYMOND WING 009999 833 SUNSET BLVD 3J-51 RENTON WA 98055 811990-0530-01 ROEMI SH JACQUEL INE R 709999 833 SW SUNSET BLVD xK53 RENTON WA 98055 811990-0540-09 KLINE DAVID R+ZANATTA-KLINE859999 3806 13TH AVE k SEATTLE WA 98119 811990-0520-03 DOLPH DANIEL DEAN+SANDRA MA009999 833 SW SUNSET BLVD 1K-52 RFNTON WA 98055 811990-0580-00 WHITE MOLELLA R 609999 833 SW SUNSET 8LV3 98055 RENTON WA 3117-m-V0V-V, REINGOLD EVELYN JOYCE 009999 833 SW SUNSET BLYD 11-56 RENTON WA 98055 911990-0570-02 GO EMMANUEL S+MARISSA F 009999 R33 SUNSET BLVD 1L-57 PENTON WA 98055 811990-0580-00 WHITE MOZELLA R 609999 833 SW SUNSET BLVD RENTON WA 98055 811990-0590-08 HENDERSON !EAGAN L C CARL E870297 HENDERSON JO ANN 833 SW SUNSET BLVD 159 RENTON WA 98055 911990-0600-06 MILLER JOHN A JR+GLORIA J 009999 833 SW SUNSET BLVD CM-60 RENTON WA 98055 918000-0030-09 PIETRCMONACO ILLC 553277 PO PDX 700 MERCER ISLAND WA 98040 11 urfo-Uitgv-uU DEGROSS MICHAEL L 009999 833 SW SUNSET BLVD 4I-44 RENTON WA 98055 311990-0450-07 HOLM JEFF A 472306 15221 SE FAIRWOOO BLVD RENTON WA 98058 811990-0460-05 COLE DINO A 999999 833 SW SUNSET BLVD 046 RENTON WA 98055 811990-0470-03 CHERNYETSKY YURY ET AL 759999 833 SW SUNSET BLVD J 47 RENTON WA 98055 u4177V-wfuv-Vi KU9LI JAMES H 849999 833 SW SUNSET BLYD CJ 48 RENTON WA 98055 811990-0490-09 SAKQ_JULIE L 369999 833 SW SUNSET BLVD CJ49 RENTQN WA 98055 811990-0500-07 PATTEN RQNALD C 199999 833 SW SUNSET 8LY0 CJ-50 RENTQN WA 98055 c311?7l' '✓. IV- VJ TONG DONALO 4N0880 833 SW SUNSET BLVD r27 RENTON WA 98055 811990-0280-03 CARNAHAN P 859999 1700 BELLEVUE AVE 0505 SEATTLE WA 98122 811990-0290-01 URN MARIAN 970593 833 SW SUNSET BLVD xF-29 RENTON WA 98055 211990-0300-09 MEIMBIGNER LYNOA L 839999 833 SW SUNSET BLVD VF-30 RENTON WA 98055 811990-0310-07 ROBERTS LOIS JEAN 819999 833 SW SUNSET BLVD F31 RENTON WA 98055 ua a r iv s_.cv vi POMERLEAU JOSEPH A+USCHI S 609999 833 SW SUNSET RLVD kF32 RENTON WA 98055 811990-0330-03 BRECKENRIDGE SCCTT 472972 833 SW SUNSET BLVD RENTON WA 98055 811990-0340-01 BISCONER LEONARD+ROSWITHA 88N9999 033 SW SUNSET BLVD OG34 RENTON WA 98055 e11990-0350-08 BOWSER MICHAEL L 719999 833 SW SUNSET BLVD :G35 RENTON WA 98055 UI VIVU-UibU-Vb KHIN SIMON MAUNG-SHNE 879999 833 SW SUNSET BLVD CG345 RENTON WA 98055 811990-0370-04 BFED DEBRA 939999 833 SW SUNSET BLVD CG37 RENTON WA 98055 911990-0380-02 HANSEN BARBARA J+ 009999 SCHRFIBEP,JOSEPH M 833 SN SUNSET BLVD CH-39 RENTON WA 98055 T)LL771J^U1JV-UV REESE MELISSA A 870519 833 SW SUNSET BLVD rC-15 RENTON WA 98055 811990-0160-08 SLADE JEFFREY 0 729999 833 SW SUNSET BLVD nC 16 RENTON WA 98055 811990-0170-06 BURCHETT GEORFFREY+SHFILA Y929999 833 SW SUNSET BLVD RENTON WA 98055 811990-0180-04 JONES CURRY D+JACQUELYN M 789999 833 SW SUNSET BLVD 110-18 PENTON WA 98055 FISHER RICHARD C 399999 933 SW SUNSET BLVD C019 PENTON WA 98055 811990-0200-00 FUNCK MARK C 769999 833 SW SUNSET BLVD CD-20 RENTON WA 98055 811990-0210-08 REUTER PATRICIA L 689999 833 SW SUNSET BLVD CO21 RENTON WA 98055 811990-0220-06 CHICHESTER JAMES R+CARCLE A009999 833 SW SUNSET BLVD, CE-22 RENTON WA 98055 1 A77u-vu?V-VO HOUSTON MITSU M 009999 833 SW SUNSET BLVD fA-3 RENTON WA 98055 RI1990-0040-04 BROOKS SHANNON N 609999 833 SW SUNSET BLVD RENTON WA 98055 811990-0050-01 RACOOSIN ELIZABETH R 009999 833 SW SUNSET BLVD *A-5 RENTON WA 98055 811990-0060-09 GRAFT WILLIE J+JUANITA 009999 833 SW SUNSET BLVD CA-6 RENTON WA 98055 a i v V v■ 1 L! KURZ BRENDA I 609999 833 SUNSET BLVD MB 7 RENTON WA 98055 ' 811990-0080-05 GOODWIN VIRGIL L 009999 833 SW SUNSET BLVD ':B-8 RENTON WA 98055 811990-0090-03 KYCEK ALAN J 459999 14311 NE 124TH AVE w113 KIRKLAND WA 98034 811990-0100-01 COOK MICHAEL A 919999 833 SW SUNSET BLVD ';810 RENTON WA 98055 RICKEYJEANNE S 609999 R33 SW SUNSET PLVD 1,B11 RENTON WA 98055 B11990-0120-07 T►VERNA FERNANDO L 939999 833 SW SUNSET BLVD 1C12 RENTON WA 98055 R11990-0130-05 PATTON CHARLENE A 009999 P33 SW SUNSET BLVD 2C-13 RENTON WA 98055 911990-0140-03 SILVER ALMA S 009999 833 SW SUNSET BLVD x14-C RENTON WA 98055 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 B11900-0610-03 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 811900-0620-01 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 911900-0630-09 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 ni 17VV-V»V-V J AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 B11900-0560-03 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD Z275 SAN JOSE CA 95129 811900-0570-01 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 811900-0580-09 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD Z275 SAN JOSE CA 95129 811900-0590-07 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD C275 SAN JOSE CA 95129 911990-0010-00 ONEIL PETER C K+LAVERNA 2N9999 P33 SW SUNSET BLVD CA-1 RENTON WA 98055 111990-0020-08 NO THAI 819999 P33 SW SUNSET BLVD CA-2 RENTON WA 98055 L 1 1 - v •r v V. AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 q 11900-0440-09 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 F.11900-0450-06 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 B11Q00-0460-04 AVALON BAY COMMUNITIES INC 919999 431.0 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 AVALON BAY COMMUNITIESINC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 811900-0480-00 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 911900-0490-08 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JCSE CA 95129 8119 00-05 00-06 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 w, AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD *275 SAN JOSE CA 95129 811900-0520-02 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 11275 SAN JOSE CA 95129 811900-0530-00 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD :275 SAN JOSE CA 95129 811900-0540-08 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD C275 SAN JOSE CA 95129 C 1 17VV—VJav—VD AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 R11900-0320-04 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 811900-0330-02 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 811900-0340-00 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 11275 SAN JOSE CA 95129 i17VV-VJ7V-VI AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD :275 SAN JOSE CA 95129 911Q00-036O-f5 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 P11400-0370-03 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 Q11900-0380-01 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 AVALON PAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 811900-0400-07 AVALON BAY 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SAN JOSE CA 95129 , ii`1JJ 'JLfU-U'$ AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD :275 SAN JOSE CA 95129 R11900-0280-02 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 1I1900-0290-00 AVALON ?AY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD V275 SAN JOSE CA 95129 911900-0300-08 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 -I L 7 J‘J-V V (V-V U AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 811900-0080-04 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 811900-0090-02 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 SAN JOSE CA 95129 811900-0100-00 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 FAN JOSE CA 95129 llyUU-Ut1V�U� AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 811900-0120-06 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD t275 SAN JOSE CA 95129 P11900-0130-04 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD Z275 SAN JOSE CA 95129 P11900-0140-02 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 811900-0150-09 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 R11900-0160-07 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD :275 SAN JOSE CA 95129 811900-0170-05 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD :275 SAN JOSE CA 95129 811900-0180-03 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 11275 SAN JOSE CA 95129 JAMISON ED'ARO M 489999 501 SW 5TH PL RENTON WA 98056 214370-2180-07 LEUNG YI MING 499999 505 SW 5TH PL RENTON WA 98055 214370-21 R5-02 CHEN BANK GONG ET AL 889999 1401 S HOLGATE 29 SEATTLE WA 98144 214370-2190-05 GAMRINI GEO E E FRANCES T 8N0055 g13 SW 5TH PL PENTON WA 98055 c-a-..�r V-ci77-VU G41'BI'11 GEORGE E+FRANCES 539999 513 SW 5TH PC RENTON WA 98055 214370-2200-03 LIN ANDY C T 703980 4560 SOMERSET Pt SE 9ELLEVUF 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SW 4TH PL 4FNTON WA 98055 L1'311,-iviv-v7 LONG STEVEN H 789999 21814 PACIFIC HWY S 1179 DES MOINES WA 98198 214370-1021-02 JH FAMILY TRUST THE 879999 RO8 SW 4TH PL RENTON WA 98055 214370-1030-01 POWRON MARY C 00576 800 SW 4TH PL RENTON WA 98055 214370-1035-06 FCHON FLORENDA L E ELSON E 002291 35P NARDO CT LIGUAN TERRACE OFOEDO GUAM 96912 RYAN MAXWELL HENRY 729999 P 0 BOX 336 RENTCN WA 96057 214370-1041-08 MROCZEK LAWRENCE G JUOI 880316 PO PDX 1617 RENTON WA 98057 214370-1085-05 WILLIAMS KENNETH+HELEN 909999 314 EARLINGTON AVE SW RENTON WA 98055 214370-1086-04 WILLIAMS KENNETH W 704182 1I4 EARLINGTON AVE SW RENTON WA 98055 „ p CITY OF RENTON o .4`14k.,�, GA Planning/Building/Public Works .5 os�'”' u cc %l 4 1055 South Grady Way - Renton Washington 98055 W i 7,. « 0 .3 0 5 *- ADDRESS SERVICE REQUESTED a.$ t 20426R • 1204260 U.S. POSTAGE * PRSRT F 1 RST-CIASS SEA VA 98i W9 M$199 811990-0090..03 KYCEK AA_AN J 459999 14311 -NE 124TH _AVE KIRKLAND NA 1�'fCE311 RETURN4TO0 SENDER 1� 20 04/21/99 - '� �y: ; / ,_. NO FORWARD ORDER ON FILE l � U'a •�i7 1 t (" �-� .t:i. ci? , UNABLE ro FORWARD b• ;ADDRESSEE Fyn nd r.:I {{ JJ `` jj i ` { f i 4 !UNKNOWN � ;. , w•1�L'.-a e. tii1111111111111111111111fllilllllFili11t111,11111111111t1I11t loommommomm 4 © CITY OF RENTON ; A ,�„—`----- ; Planning/Building/Public Works ` s ' c " SEP 15'9 9 0 � = • 1055 South Grady Way - Renton Washington 98055 W+- 0 .3 0 5 ADDRESS SERVICE REQUESTED 7204260 U.S. POSTAGE e 214370-1395-00 t. , TAYLOR WILLIAM E+INEZ F 629999 i .,�/, 316 SW 4TH Pi 1 ''�/ RENTON WA 98055 // ,l/� A U T 0 ,l T l-11-6 ' 1t1tt1ttI tUi t4lltiuiii lSi��F�i'tlllihLiti1tiitlitti'IiiitiliiiiiiiiliIt'..ef '// . .,/ a 0 CITY OF RENTON '_ „. --_sal. Planning/Building/Public Works •-• 5 V.v. A w . CC ca .... a 5' 9 ;$1.4$13 ••• 0- 5 * 1055 South Grady Way - Renton Washington 98055 V3 1-, SEP 1 9 es= •3 0 tc t 2 ADDRESS SERVICE REQUESTED 72 METER * 4 U.S. POSTAGE 04260 \(\/ 811990-0540-09 KLINE DAVID R+ZANATTA-KLINE859999 3806 13TH AVE W SEATTLE WA - - 981192036 iN 18 09/18/99 N YU SENDER FILE C . .:VETIACLF - ...---......._ '' - I EL TUA TO SEN5E.il t T 0 .4 19 1 -- 0- 0 © CITY OF RENTON i� __- r+i Planning/Building/Public Works W g �° sr._ �; yr) SEP 15'9 9 cc 0 = 5 11; : 1055 South Grady Way - Renton Washington 98055 W .. 0 .3 0 ,► oc �p ETER a ADDRESS SERVICE REQUESTED =i' TO 4260, U.S. POSTAGE PRSRT FIRST -CLASS SEA 41A 981 8911S199 EASON CHECKS ,04:!; ` nciaimed — �r 1 214370-1150-05 fused ed Not Known N� tf NYLAND THOMAS P+PETRA T CLA6N9999 nsufficientAddress -- r _ . 632 SW SUNSET BLVD --- RENTON WA ,�o Such Number --- �' -'"' 98055 c Vo Such Office In State `�„ 'lci not rPmail in this envelope iHEILIIIN C _I \`z !TOV','UT , �,;ial PKNJ P "lyb.9* -t2� G3 •J� 1111„1„1111„iililiiliiiiiltilltllluili illll1"1illl111111fl1f1i11lfil c: p CITY OF RENTON Q �4- � _ _,__ , ael Planning/Building/Public Works R oncia_CS CK g •%•�� .. • 1055 South Grady Way - Renton Washington 98055 q of ned 5-(� ' SEP 15'9 9 kt_9 — 0 3 0 5 insuf ptcd No Q r. .; , Pa METER ADDRESS SERVICE REQUESTED �eSua►lout adown � 1• 7204260 U.S. POSTAGE No Sri mss PSR.T F 1 RI -CQ 98 11 t mall;n th saenVe pe 214370-1152-0 3 NOMURA OANIEL B 969999 901 SW LANGSTON RD RENTON WA 98055 :r, -'- ' 8s oz l' s iI I. t: j a—� Tv 1i)��KN�J��rd ` i5 VA z32cY3 liiliiliilillitiitillililttilliiililitlliiilililtlitlililditi „ p CITY OF RENTON W y% �o� , ila Planning/Building/Public Works 7.) __ RE4SON CyE v �� :. 1055 South Grady Way - Renton Washington 98055 Refused ed= �.w►' ” SEP 1 5'9 9 407 f - 0 3 0 5 ADDRESS SERVICE REQUESTED AI ffI(ent q d no in is t 7 0 4288, U.S. POSTAGE i �f Such treet S �= siti PRSRT F 1'W "r 4. i t a e 981 C18I 1�a 199 . ^this envelope 811994-0400-03 , ''L 1 WOODSIDE LEE 1 O0 999 vl� - 833 SW SUNSET 3L1/7.3, 11-1-40 ' . RENTON ilA 980551w -V TO !rr-., -, ,s _lit 'ADDRESS i; L' .' T !UNKNOWN _.__._ `e,ihc, . ...-1s:;:�r t u 1 l 14 { 1 ,11,,:1 1FF11 11 1 ' 1 ' f',<.1 if {1 } { E 1 S l }i ' 4 F F1EIFf.1 F tFi F ! 41l1 ilF I..: l�_�� zi9�� O "L29U r.) {llite{,t}41i!iiiI31t!Iitiwill c: © CITY OF RENTON L ..%i ,,,, = = . *, a& Planning/Building/Public Works I- g 3,A �I • 0 SEP 15'9 9 fg *" 1055 South Grady Way - Renton Washington 98055 4J _ 0 3 0 ADDRESS SERVICE REQUESTED a. 72042b0 s POSTAGE i PRSRT FtRS7 -C1ASS SEA, 41A, 9S1 T�11g9EASONCHEC l,or^, inclaimed t�lhham 1 sirefused - tempted Not Known __ ;sufficient Address a Such Street 214370-1I38-02 a Such Number c Such Office lnState tvSC!N RO8ERT 04P9999 ^^' -'" in this envelope 336 EARE.I NGTCN AVE SW gg RENTON WA. 98055 ^r t Tr., „-._ t'A vl v sebi-ri 1/1,,T.-:2. II i I t !l! ! i " I i II I ' ii I I ' i I I II I Jt n_Tj � !I C i! ?3 i! ! ? k ?"i! F ?!I "f!! fl!! E!E i !iF !! i i?! ? 0 © CITY OF RENTON _.-- .. Planning/Building/Public Works "' ®�"' Cr 1055 South Grady Way - Renton Washington 98055 o r-- SEP 15'9 9 W 4 E Q ,3 O 5 it � fila:(22280M4E2T6E30:1, , ADDRESS SERVICE REQUESTED u�SONCH •�R f la�fiedf�Kfl U.S. POSTAGE N. '4 tte S ` i 704,0 �J lnsuffjc/ed Al.-,t no r . NQ Such nt 4dd,.esswn ' „ �, mo silo. Street _� Do not Offjmn S ma:, taro 811990-0420-04 ,n till,- - STENSON RICHARD E+JOY F i-0J9999 833 SW SUNSET BLVD x I-42 RENTON WA 98055 ;., .17.- 7613N ',->es•; .,1.1- 01 ADDRESSEE ' �' luNKNOWN °� �W�}d .\� f �--.-:.:. I1,1„1"1,1IIIIII,I,,1,1,1111,111,1,,11.1I{,I{1„1,1".1h1 „ p CITY OF RENTON W ovl. ` a I' ' Planning/Building/Public Works eo , s * , �j: • 1055 South Grady Way - Renton Washington 98055cc SEP 15'9 9 0�_ nxm _ Q 3 0 5 *: ADDRESS SERVICE REQUESTED 0.+i. PBMETER tt 7204260 U.S. POSTAGE ; • --\.7-/ ZI437 Lt1NG0-I0Ib ii - STEVEN W ,. i1)\) 2I8I4 PACIFIC'`NW- S Z79 7`1g999 DES MOI�iES WA . RE FU N >�� I hob/ ITO WRITER((‹; dJS Q, IADDRESSEE V_ ” UNKNOWN� pa d'' 14, i-2,t-,L 11,1„1„1,11„,,1,1,,I,L,11,,,1,1„11,,,1,1,i,1„I,I,,,I1,1 0 p CITY OF RENTON o - �-2 GA Planning/Building/Public Works V`"" li +' 1055 South Grady Way - Renton Washington 98055 SEP 10 �.• Q 5 +. ADDRESS SERVICE REQUESTED j20426Q U.S. aos;as REASON CHECKE/4.� � R 11990-0410—Oi< Unclaimed 1= 4�AiV0�t t Refused wo• 233 � 81 9'49Qempted Not Known � C--- SUNSET $1.YD 141 !-! Insufficient Address 980No¢Such Street --- °�Such Number __ ___ _- _ --_p Do nm h Office In State :O S UC n c c?-_�� email in this envelope J ?r n r-r '' fly! ,d S 1-1 sI�ETUr,u 1 G SEs� ERl. 1 yy �_• I I 1 ' I 1{ 1111 1 1 { { ' 1 11 1 I Q a3� • Airs J i 1 { ij 1 j i iiI i ! ? !!!! t!i ?!? i !! !!! ! ? ! i!it } !!! 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IIiiiiiiiiiiIi„iIiIiiiiliiifiiil tt,limilliiiiuIiiiiill,I :; © CITY OF RF.NTON :.1 `,.:�.. t it aga Planning/Building/Public Works it L 'ice°' f"� -� cr a 1055 South GradyWayRenton Washington 98055 0 SEP t 5'9 9 j____t = 0 3 0 5 ' g r, ,SON ' o- .pry •• * Unclaimed Etwi r-� PQMETER * ADDRESS SERVICE REQUESTED gttfused `ed '� 7204260 U.S. POSTAGE ins No Sff�hempten 4ddrot es°Wn . ' I, No Suc Street No Such Office umber —� aO not r ff i, !n State ` 811994-0170—pb ema, 'n this .,,, PURCHETT CEORFFREY+SHEILA Y929999 333 Sit SUNSET BLVD RENTON WA *. 98055 — i ETURT44 b 6ss, R- ; a t� f t T �f�' �ic�• a s IADCR : SEr y�{ NO N v:„........m I:1 1Min s1� _.� ii 1:,1,,;,1;:, ti=.l:tltiastii+i i,1,i„1,f,,,11,,,f,f„If„,I,I,f:f„f,l,if„,i . 1l © CITY OF RENTON - .it Planning/Building/Public Works sv en �+� CO " SEP 1 5'9 9p ti 1055 South Grady Way - Renton Washington 98055 COIt 2 �� .. .r _: ADDRESS SERVICE REQUESTED METER a Rt? a. +`' 70 4260, U.S. POSTAGE I: R+CIA/, NEC • �sufn;Ated No� IVo SUchStOddess _.ir p NoS�chNU"bt S D- t Office er ` . R11990-0380-02 o rem$11I in tS ate HANSEN BARBARA J+ senv.^.:9999 '.e SCHREIBER,JOSEPH M 833 SW SUNSET BLVD ;H-38 g8055 " . 1♦ RFN R '�1RN _ b Ei • �TO V; is 91 A 4Q%R E:.;'�'E� 0 0it" l9 •--,�-6z ! „1,1„l,I,,,ii,„I,I„Ii,„1,1,1,1„i,itit<<,1 UNKNOWN ,� Lla ,• It,►j,�},�tt,tis,,,l,l„ll::}ll.i „ © CITY OF RENTON —=-4 . _ , NIL Planning/Building/Public Works F I to;,,,,,,,®A�.. �o *' 1055 South Grady Way - Renton Washington 98055 W SEP 1 5'9 9 ( �_ II : 0 .3 0 S ADDRESS SERVICE REQUESTED R-cia dCyECKE °• 72 4260 U.S. POSTAGE fus Co nt rptCd No 70' Ntif oosuch is Ltd esswn Do not a_'eben s ` <.;s &l!inf' !ate ue �_ 811990-0440-00 IO DEGROSS M I Ct1AEL L 009999 833 SW SUNSET BLVD :1-44 ',..RtNTON WA 9A055 • RE.TURN 2 f C�i f i :,o +w. r -Tt� �;f31�3-�'A � d;��; „ _ ' ADDflE - �,: L NKA+ OWN - 8i.¢5 �s ill{;:i :1:1I;::;l:i:;;:I 11 1�:1l�i�i;i Lt.;i,i : {; Y s. 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THENCE Swm DISTANCE OF 93 64 ME"R TOM CASTE r R.NUS ONNINC OONS 10•R n 1/2 YOOa IS I.13 NO.0 Or(OCAS 14-1E IN M RAT OF 0110.ANGLE OF inTb[•.A1ARC MTN.a 1571e R[T,o 0M OF RFMOLEBRT`Or N CURVnNURE.NM MERCY PRo-AUCTION TO M NORR.Sr w.TTI O s� DER RECO.. iMR.,d I14 arM R.1.5 CO.TO MC Ndr M0g5. REST FEET: MNO.LN.C. s YvPRJd1 Or �r O 06.6. NORM TeSJ 1A NISI IOBM FEET u0.BEAD NEW LOT WC TO M s LOT f KO.I R VOL.1.w J. R.AT REAPING OF xdM Hs•'Jr RES ALONG M ARC-Ms `SAID MOM LOT RA. box _ w.usMN1 ale M s RECORDED�.. Nur PONT OF Wei., MNO SwM N]rs I o B.5O TUT ro A MINT 6 ORnAT RE.IET M 1R.. SST ULF OMA O ISOM I MEN-swU.1 7..WEST 1 (LET ALONG s KISS 1E IN M v.r wcru Iq 14 NO 75487. ENNM Nam Oral..REST 2,000 FETE.TICE MC CM..OFN.C. AN AR O MS ORE TO SAE.[`RACY OF WESTERLY, ,qN Or UNE ,Mp rM RM4 PORTIONS OF ,1 MC „ES.TOM.0 SECS NE TOWNSHIP °T.Ym NORM RAT 0 EMNO,d vo..14 w T. ratTI`E°Ntt�ac MCURVATNi 11M`A..MARR. 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OLds 10(EAST F UT TO CURVATURE MENGRAOAL ACK10a AT sOEONrt __At ME_ _ CO.TO ME No-,DITTO.A CENTRAL_ _ u aA}a OF 101.32.13.AN ARC OTSTANCE Dr 35 44 FEET TO D NO AroEn1a.O ^' iuOraE m 1:0�RD'N _LY EASTRMO MOIST n N OUARTTR CORNER TILL Y°n1iVw`E TO ANICH EXTENDS NORM CENTRAL5.WEST NGLE UN00909 ATO ME Our S. N T re REAL(STAR IE.MSOS(TAN ..Row.9IIT 5 a 11. B1TMr0- INCFYL0.W CONS ROrHxc. Mxa ALONG M NEz LINT a S.M caNOGI.wN NO_ 0. AND/OR LEASES.MSN orR"`o1.EC1-OF M'ME'n T INC UTOM.BATH POPO RJo eo. roN-alnwv.`IITU E1O,NN[R.N.OF .CS ONIONNOR N.Nmn`/a LEASES VOLINE HT OOf f PLATS�a T RCOOED UNOCn NI.[.N R.CONY.u9..00 CENTRAL fC0'00-rw wt ,.NO Crtl..Je TUroNEM°ME RIGHT T.OUGH A,W[PONTYONE1c: T RO FEEL MO.xaM 00 0000 O R.Ost AnO`A.owcw T O RENTS.W/o.EASES. 114010 NORM 5-(CAST HT M FEE,0 NINE EASTERLY LINE o M« PORTION r PoRT1d a M,T CERTAIN JI.A AR /a LEASES Or 114A1 CC010111 TRACT J PDIN a REC°DEED UNDER YCaroNc`RNMMR s.O. aR:LN.aAST 1.F w FEET TOOTH.NIN TNT PMTION AN(5 UST,ru,NErh NERD..N 1411..CC THE 'O N WASH-CTd�OE C BCO AS OLL.%N.M. B1a1Io%s ALONG Su0 Sw MRr Li.M r0.0rx N}M.O.iV 51.R�R 1-N PONTALONG.0 EASTERLY LT.TO.INCRIMINST COINER 0 LOT•Orr OF -WEST 25.0D TUT FEET ALONG TNE.NIN L.Or SATO LOTRENT. BOT.�Y µ LOT LNE"E°iASUT Pla SCORN..CORD Cr SUD SECTION 16.MrFO NORM M,,o wMTa SOUTH 1B1r11M M.a FEET:`NOCE N.O.OTE MCA C O MS CURVE.TO M LEET-papa A 36.INRRRFOTa RA.D.,STATES Os r CwR1 _ SECT.18 RNM SCUM M,vO. 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MINOT NORM LANO C.NNO 10 01(CITE OF a a'M :.[rwi sw N1�i0r EASSTT 1a __ _ §_ OF LOT .T RECORDED UNDER RcanNcMOM NORM 321,51.EAST 147.40 ICU.0.S.EASTERLY LAIE TO TIN SCOTHWEST CORNEA ,R66 o'n AN.ET 'R°i0 SNO„0Y "E,1,,,,E RT Or o C105W BY r ATET 10 M >- dCANING C WNRR 870316Rw .AMR Hsu(GINNING. T ENE NOD _ r C THE ARO Of AST 15O"i.CURVE o T._ NOR FOR RA«.1 On TION a RN d LDT LIE w„aRENTS - mic S..Or RICHT FEET TO M IRA POINT a REw..ARC OF MS CURVE TO PA.611 MEW.,CENTRAL..1nE a:POE v..N AIM oRTN.a-IDs sO s';: � ., 240« °,11flEMw"'c*�•.m.1 RE INS G ro M I, IND.SOUTH rrr.R:ro F-aT'.O912,IEN- TM11Bais..EMEi..001 RE`, Exa kg. A CENTRAL rNORM 570209•RST 1000-PA MC OWN.O 1O III FEET TO A PONT O ruNONCr; n7o116.CAz aME 1R5585e SS n Y e MOO M01 ar>N.[AS,SUSS FEET TO APONT O CURRANT(M RAWL SEARING O r0O FEET ALOr.SAO...ALE R.AN o WAY BOUNDARY TO M TRUE PONT EX.'S SCUM NJrM-EAST�.00 Fat MO.ALdcM AR a MS GUNK TO M NdT o MM.A CENTRAL 000.1. s Sr AN MC 001uAs a Jxaf FEET TO M SOU/MERLE NON, Or ME_ Cf_ _.w(STAR ROM No E)nMO A POW d.CU.M u 1..0.»RRIE M MS CIA.(TO LEFT 03091:.,M•N MC OSTNICEi CA TOR SSRFEi r0.roll°r MONN,NICA"C`CT ON TAI CE NRU N"NE OF A 1� v ARO ALLEY REaIOi BLOCS B.SAO PLAT MARNG NONE SOUTH 1KirX-UST 117,:[Mi No°o.'AJOm%"RRi"'mRNEI RNRER eTL.oi`,7-oar M wiry-RESr:Ym MET ALO.THE SwM M[OF SAO LOT. PONT O 8021.0 or1 E�� BsAr 1. - t t{{ 11 .) cyE.r r€ r;N [ ``■■3.4I.1{,.. PByZ2.� • � toy.6' Ntt1�N; 3r.i ii� i3rc# s g Ns�s: o. i VICNl.NAP NTS. SHEET 1of2 .a 24 n1+. Puri ST bARTER OF SECT.It TONINP 23 NORM. RESPONSES TO SCHEDULE S EXCEPTIONS: NORTH.R.x¢5 EAST. TARrsi T T.ELLA..YRORERRDROUH*PIEGCwEn,WAS6NTOE.CE5Oe9m AS FOLOWS *LWAUKEE E ST.auk RAILWAY CONON.EASEMENT RECO..NO. TH,PORTON OF ME SCANHTEST QUARTER Cr SECT...TOI.SHIP 23 ETTO YEROS.N NNG NuxTY.WA9ENGTON.°CNFOED AS FOUOwa SCUMMST buTER Ce SECTKN 1a TOWNSHIP 23 NORM.RAND.6 EAST. COMMENCING AT T1EE SOUTHWEST CORNER Ci SAID SECTION It FRB MN.THE SOU.build AS CONSTRuCTIO ME SOLTHEST_ uA1nNER IE E1EImw N MNG COUNTY.MS...OEXNBED.S FOLLOWS .0 MC MENACE OF.1.54 I.. TORE' SWM MIOT ON YE 0M•EAST: NORM u.0.BOUNOARE Of ME P.0.COAST RALROAD CONTAINED DEP.IS NOT MFROENT TO DEISM.ITS EXACT EOC,nw rMlx ME ME DE.TPTION .ST. NO.NCR.44257227 EAST FOR•TEST..OF CONTEMING ,THE SOUMVES1 CORNER OF SND SECT.18.M.ON.THE SCUM MARTER .HT Or NAY AS MME ON TIC NATE UNE NWT 0 MY ANO TRACT GAP.P.IFIC CANST 631.54 b NECOANENMG MAIN .MEPooh TOY Ea p OLN0 DE PAM%COAST RAM_ROAD MN/Cr MY COAST RNAMO.MEET 1 OF SAO SECT.TM FP.TO.H ME SOUDI WART.CORNER CORNER OISTNfOF 0 SESECT. FEET 16 BEARS POI 50u ENE - RECORDS RV OFTN TM E PLATOGTON..RITIONE .IXp IMOAD.EM Mu ♦E T ONSTR..°ACROSS SAD SHOWN WwEN . PROPER,HEREIN DESCRIBED RECORDING NO.8109.03362. F2-w Tw.REC..OF M COAST PLATS PACE). . MENi tt TON RECCE..NO DC SOUTHERLY 110 ur O.THE RAT Cr°EwARENCTOON..CMG TO K T MWECr CO w MROu Po MEET 5 WAY vOLu E 2w w YNGTE N.RECORDS RECORDS,ME.MR.40104 NM. 433749. RUNG CON,. ASHIN RTON. 237 EAST.wag FEET KUa[I.OF RATS PALE 2.RECCROC,UNDER RECO .NUMBER W2.9.N KING COUNTY.NASHNGTOT RNO.O.SAID PONT ALSO MNG.DE SOURER.BOUNDARY 1 OAT°F EUNNGTON. 26 FEET TO ME NORTHEAST CORNER 2ES E. T F TY Cr RENT.RECORD*....02150593 TOMS _ N GOUJE 14 OF PLATS PACE 2.RECORDED UNDER TON OF TMi1AT T.TRACT or'µ rCONLL POINT ON 0,NORTHER,ONBY DEED MOOT.1• YORE OF T.EA5` S EGRESS u0 ME P.SAGE PAR..R ROT. THENCE NORTH 161E197 EAST 203.51 FEET AL.° MO.ON NAN. RENAL.WARM 020N1O3695R*ICM IS°DE SO...EASTE o o-R. F DEEEONE LOT LT.ESTEEM C SOLIDER, .TEN¢ Cr PR 20DUCISTATE ROAD NO 2).« P AS DR EEWATS AND COTS A u0 0.ON CF RENTON COT LENE A �a NT NO I e6 NEITHER, O BY OEM RECORD.MOM IECO..NUHR 8206110. SOUMEREYEm....Of my UNE O ME En UNEEOr•Rk DIREi2.i2UF FAUN w bO.S O NO R EGRESS AN0 THE PASSAGE OF uO M TRUENNO AN DE TRUE POINT OFF BEbENENG:Cr v PORTION OF MAT CERTAIN MALT OF THENCE SOUTH 62>297 NEST 9295 FEETALONG SAO SOWER,r5OD1E PIEDESTRTANS CfFWiixS OVER AND ACROSS ALL P IG AREANS EEWAY ` TIMM NORTH 3,8'557 MST NEN LOT ME TO THE CENTERLINE Cf VACATED TE CENTER,.5 A TED SOUTHWEST.M RACE.LDOKE TE1T FAST.001 FEET SOUDOCSt THENCE NORTH SAID0Y EAST 159.32 FEET ALONG Ii CENTERLINE TO u'32TY REST 10325�ROE.SAO NRMRE ME TO A POET O'CwoPNRE USC0EbT F DE OTT CrRM. w ITS_ 134E_ AN AULL.TEPoNw 0.COUs 12 AN 13.sA0 MTDFwSi TO DE Ti:olt DMOI r _ Ole-ee AS RECORDED UNDER RECORDING NUMBER 6703169033 AN w TOR RECORD*.NO.eEO61w1 A. OF • PROW..OF DC FAST BLOCK OF LOT 31 TO RC SC NORM ANNER1 Y EAST OF W51 Y UNEAOF ALONG BwMEVNm SEE ERLv MR..OF E.T E NERD LAOuxE BTMM.FEET TO MOPONT 9 OT•Y1ba RENTON iO E LOT 2S E THENCE NORM 7.SAID EAST ATTCi a NGTON ALONG AEON G.0 EAST LLOE TO DE SOUTHERLY UNE RIGHT a r . 2 i«ME T 1. 2. .^.p�-_ GWEN.OWES (STATE ROAD MD 2/ TENS NORM 6E2>36-EAST 12A.73 FEET RE*.SAID SbMERT RIGHT a ME - BOULEVARD(STAR ROM N.z THENCE LOT 1.IN DE RAT w EARL..VOL01.PG.9. P `.`I'}' 6 LOT 2..BLOM 9.SAO RAT OF EAIRNT.: RCIO*G ENBEN UN 75775 EAST SOUTH x M TST EAST G T 31ACROSS W 2 RCa PLAT DE EARuxG ,.9,95 FEET FAST SAID EAST LNE AND ITS SOUTNFRLY PRODUCT.TO M PENCE RUE Oi TACK R� U1>7;MST 2M1bAMO u.05NE1W1O0 T FEET .ef.59 PQT;NBA£ALONG SAO Of wAY LINE AN RS...SS LOT 2:BLOCK i w ME PUT OF EARN..VOL 1.PC 9. m THENCE SOUTH 21.3TN3•EAST 4001 RET.CO.POAD CENTERLINE TO M D�0 DE LEFT MRbb0A CENTRE.A, OF 00 2.•.AN AR E TESTER,TERMINUS OF TEDNE LOT UNE K NEEN AND a OTT OF RENT.LOT UNE AD;STLEN, _ rs TO MST NES NE R.M T T.Of MAT CERTAIN TRACT �Db,N 1. NO.016-86 6903. THENCE CO~E;ED TO THE OF .BY DEED THE RECORDING NNMBERR 020810369 • FEET AL.G THE HORMONE INN Of SAID TOW ORE WESTERLY WE DE DIE wamER,PORT.Of >.>EAST N BLOM U N T ,.VOL MAT OF RENTON BY DEED RECORDED UNDER RECORDING ITS NUMBER °811.9;OF SODROUTENEERLY KCTREN SOD TCSORLY UNE AND TESTER.'KOO ME ORMC ST CORNER Ce.THE TEESTHTOM FFEEET Of LLOOT 2.wo BR E 0AODi r°fN M OU.C..uM£C0110593 AN ARC os ¢ 5029 FFE TO A PONT OF TAN¢xcY: RECORDING NO.105e292. N.THER, ME NESTERLY P.T.Cr SAO TRACT DE FOLLOWING COURSES AN N1EY THE11 LOT 2 BLOM 1 IN ME PUT OF EARNGT.NO.1E PO 2. EATEN.SOUTH 32.57517 TEST 150.01 FEET TO A PONT Cr CURVATURE ME R..BEASEING Cf.4. D ALLEY TO INTERSECT THE TESTER,LE AND 5OEN500 EXTTENDSSH M 7111DV TEST 370.00 FEE, THEME ALONG SAID RECORDPNG NO.1130719. AL. _ °or SOU ME vI BLOCS 10 AM 1/2 UBL 1.-,e N TE RAi OF CENM.E u ATURE.TE EO THERLYiPRODUCT.TO MF NwMVETH uNE OF ST buTFRR OF SAW LOT 29 OJRNE TO ME EMT THROUGN A CENTRAL TL MOLE 1,17RATEN NEAR.OF WEN ENTEMS NORM 8409.2*MST OD18.iEE AN ARC A PONT�OF AD vV 8.55E M G 11.WESTERLY PRODUCT.Of TM NORTH UNE DE NUMBER TRUE PONT Cr BEGINNING. NORTH 1e131e TEST,Peso rU.1 ALwc s,ro rvLW Lor L.ro.11E LIti.INNER.RIM.ACROSS OT 2 E 5 BLOM 12 N DE FIAT OF EULNGTw1 VOL 1E BEARK4C OF TN.ENTENOS SOUTH 0211.7 TEST_2xi00 FEET:DgEE NODE AN ARC 6 DES CLOVE TO PARALLEL CENTER..ME INTERSECT ME.0 BLOCS OF M SOUTH WEEE OF SAJ SECTION TTOMO.23 N.M. A.D15 Lo RECORD.NO. y 1 N T i 15 2. p iTNOVO.ANN AR A OE 6 FCURVATURE696FEET T v.n.R°IRi PONT Cr MOM SOUTH mYz r•EAST.12 FEET ALONG S.TES.,PRODUCTION.N .ACTM.O.E �RANGE 5 T6 .Ear. L.YETa N.AGO OF O„.w E S U.AS WARIER I- 1,N INC PLAT a ENENc 1. a wn mN1pEEvmPOTND MORE on DIEE'r�Tu�'aT D°em awRDF u...C.R'N"REcwaNirxD�1 n" OF ...MHO ESCRIBED 2 RANGE COUNTY.N KW vSrv1n-FEE, THENCEDISTANCE OF 21..MFEETT T OF AA POINT OF RE TO EE s 5,.....1.5...E 9.TERL0 P.n.ar DID M5cl.T8201110569- 1140.SCUTHERLV MO TESTER,ALONG SAO.r°FDNNc STERLY.f ES ALONG ME °s.Dco'ER'DIN AOOTRCDONs AN E.sEVExTs TS.ERE O NSM1RENr T N, Cr0.1RVA TURF.THE PAPAL BEARING NERD ExCORNER OF SA.SECTION 18 BEARS SOT. TON 10.mOE w xOFR RECORDING NO*022MSSS N G3Yf215 WERE FOUND N 11E5 g 67 r ro.HE TRUE OEFECO2 CENTRAL ANGLE CE e5TO13.u ARC DISTANCE O ai BOUNDARY Of ME RAMC COAST RuLROAD 22. ANrs CONOn UNOER OR.s.RESTRICTIONSOING NO 2 NO EASEMENTS INSTRUMENTCONTAINED N INSTRAC ANAT i Y TRN a 11E s TO 65T 0000 55 sEcn.,a TDE.Es�:3 NORM.RAN¢s O 59.1•-5 Aro CPS.;S 4E, MENGE ALONG THE MCa - TH 1.NORTHERN _ _99 AouTEs AT swONrz &a g Ear .N N K. Tr w.SNNCTw DEvnEEO AS FOLLOWS DDe'Ea53sTn RECORDS GE THE CV A23 CORNED BEMNO OF To.EX TEITOS .3749.IN RAG COUNTY.1.0.0WEGTON PENCE OOMMONG AT ME SOUTIENEST CCEOLO OF SND SECTION 18.IRON MEM THE SOLO MATTER CORNER CUR.TO THE EMT THROU.A CENTRE.ANGLE OF 1010203"EN MC OSTATTCE Of 35.FEET TO PLAT THEREOF.RECORDED IN NOME TA OF PLATS jE'1Y K PHASE 0 MO PEASE Nr RECCRONG NO v_ a A}A .s AT. isSlni C PONE OF BEOROAS.RMIEM TupmEN RD`iE SEST LLAREE�`OF S ID cwobl50N ASE I.AS RECORDED 25.TRANSFER ALREENENT REC...No.Em21OSAS/ �'v iO AA PONIT OF 540. CE,S,Ar SECDON 18 REARS SOON 8910.047 E., THENCE NORIO 44-29227 EAST F.A OSTANCE OF A PONT Cf O....CuRvATURE ME RADIAL MM.OF yo.ENTEMS ENCETNOR Na°ni 2 DE- DE FOUO.NG ES/C r OF TONS MOAN.DEE lam DB3 FEET TO A PONT OM ME::wDIJOU... �9 AND/OR LEASES E /TEE SOUTHERLY ,AR OE R�THEFGO AT WEAR*CT U•" 6] 1•EAST 91.,6 SET: AND/OR LEASES S°A�,9.5.E OA SET To A RENT O ME a`"N CENTRAL AN A.ARC DIST.NEE DE 1T..36 REr TO DE T OF BEON.IN. ACTH EAST IAA 51-EAST 25.w FEET: 0 CERT. 31 SO RENTS ��LOSE ONCE NOWT ME ,51E PORE a BEo TRACT M L THENCE BY ED WESTERLY RECORD*.NE SERE s1ATE+ENT. OF THAT MRTAN TRACT OF LAND OF NUMBER 8200110369 MO T.TRUE PONT OF BEMNAIG. CE RAN 5 ,TOLL MERMAN.*KING COUNTY.NAMING..0.0TION 1 E0 AS FS ra2ioYzORM. ALONG SURD s.TEAY UNF THE Tli 34 FINANCE,.5i^ ry;. .11 V. PEI 01.4-86 AS RECCRDEO UNDER RECORDING NUTTER 0O A PONT Cf CuRVAILERE THE RADIAL MATOG Cf MICH EXTENDS 36 MIN..STATEMENT. 9OD;�M 30 q01 TNE�SbM QUARTER SOUTH 1�>51.VEST.POD FEET:7 MST 2900 MET T M. TO TE LEFT IWOU.. FEET ALONG ME NORM LINE OF SuO LOT 9 TO A PONT.DE 397 TEST 26..FEET ALONG SAID DrsTANCE M 031.54 FEET TO A PONT ON ME NORM...BOLTON.'OF TM _Y EAST FORACENTRAL ANGLE OF STATESTR 51 THROu.FLOCK a.SAID PLAT OF EARL... TNENCE DE NOR:MAST CORNER OF TM AS BY ..PP C COAST Cj $ xST UNEG 3630 T11Dai S.M W�]0T03OD"EAST 9 6 EET ALONG DIE USTO.E OF SSND - FRAME BUR6NGION ROWEE. OAR.TO ME RIGHT THROAT.A CENTRAL ANGLE OF 001'u'R0"TAN RC p6TANZ Or A ROM OF REVERSE 1i.086FEET Y POWERSw T EXECUTED IN. S VACATED SOUTMCST AM PLACE AND ALOE°ME NEW LOT UNE OMEN LOTS A u0 B.CITY OF REN61TbD RA.Y OF PAM S.RECORDEDGTN.ER _TO ME SOUMEASTER,TERIANUS OF ME NEE LOT UNE BET..LOTS A 410 B.CITY OF RENTON LOT _ MCORONG TO THE PLAT THEREOF.RECORDED IN HOLUNE 1.4 Or 41.NEED TO PRONDE CADENCE TN,SUNSET OF IRHESMENrS.INC.IS IN CO OD SAID Tlf.LOT LINE AND ALONG ME NEw LOT UM TEMEEN LOTS A AIO U 6.bin EVENUE SWMNEST. ME EAST FEET ALONG SAID VCEx RUNE To ITS OR B.OTV OFSei*1HENCLEO 500RE1 is ER.EST-i000 FEET' LONG SAC NEwRLo RECORDING THNUMBER MT.A POINT OM TM E.TERLY.E OF - Y�i fi: C MEW LOT UNF TO USTE9LY UNUF2UDEC[nE MMINCE NCR. nTS>'GLE EAST FEET ALEOxG�C RETHERLY PORT.COTO THE RDED UNDER Si°C10RxEv e0 FEET ALONG SAO S.MRY LNEE TO MEi Of LEG.°ESCORT.RUST BE vERITIED PRIOR TO BY PARTIES TO M[ IL" 74905027 NORTHERLYf PORE FEET TY,CERTALONG IN M _Tv Nr. Y As RECORDED UMER RECORDING BOULEVARD(STATE ROAD N0.2*u0 n PO2ET.A CURVE Z a aF $- .104 EX-.- RECORDED TENDS SCUM`'�0.0102.EAST 27°0.00 M.10369 ET: THENCE D 2 vEA THE UNE CNO DE.BEAMS Of NINIBER Bro31.... ,ROE PONS4o,.Or BEGINNING: _ ME ARC OF_EAS_TO DE_ NOTE AMBER I.an a:RENT.LOT uE.D.NSTmRTz � §- FEEL I.THE.. .TME ...*BECEN NG • NORTH wSREETFTO A PONTO OF CAN:A..THE RAo. au M..Cr*Eb EXTENDS SOUTHERLY OOS OF 'ei�ir^ARDNFsr�O.m ME,09Tx SOUTH THENCE SCUM :izi ii:.DD�FieE T2 TM �FEET: 6 €8 l i00.AN'ARC DISTANCE AL..1mw FEET TO A PONT OE S CURVE TO ME LEFTg q ease•EAST 3250 FEET TO A PONT OF CUR...ME RADE.KAP.OF WEN FEET.0.SAO NwMrnLY RION OF.AT BOwDART TO DE THE PC*T C ffaNNMG ssals w ! 91 N-31097 ` A `wi°COETOQRE CENTRAL ANGLE a MI7987 AN ARC F 31TTFEET TIEmm40.,RMMT - SUNSET BCULEVARO(STATE ROAD N.2)NO A POET b A CURVE ME RADIu ?S4 BEAR.OF MEN EXT..NORM On.11'REST 149139 FUT: .DING SAID FN.C.HE ARC O.MS PONT5 FEET TO A MIME TO Of Na.N LmOS INRouw A COMM.ANGLE OF 0311,147 AN ARC DISTANCE Cf n m10 ALEET FEE ALONG w0 CENTMENEOCK a TO T SOUTHEASTF CORNER R'LEE AS A.01"N 1.313.1 ON OF RENT.CENTERLINE Of E 7 VEST ,� . 801E5.TEST 1.30 FEET ALONG DE SOERIFM RECORDING NE a SAND LOT.T T•TOTE TRUE 69001 THENCE N OF SOWM ;t I is iN 3"�1a Ji1�ys._dh• _e.�� Prig ' F S, +g � .tiB i r3: C ty! l aka .w:i .� - jl3 Asa= :f�;S3 • O Z N$ ��l!11�•`W�ii J W Ir/MfI'�f� L'92 t! < CC VICINT Y MAP i S 1 SHEET 7.- 1 of 2 F'4 ..9aOes -- - --- " . KC1932 SEA TILE531 __.-KING---COUNTY-- rj i s - S E B 3 —25 4 7-, --_ -DrPT. OF ASSESSMENTS A:��•^'•°°••'•"• a i i _ R.L.HADDOCK ADD T - I aLN \..NES'13 2 4 .�, - SCALE 1°•IOOr v _� aY D � ✓Ji r. v/// O: t O W • p'I14/ J0 "'.�ra.7 ....'_ 0, tfe • , ` l / e \� � "zos 'g s r e' a r \ y9 • i P\ P. • ••' t. zr • N try I , tit,. ..________—=-- •ate "" " 2 - >,t=W-�' '•9 '/. � � , ; + _--..! %('N - '' '..- ' 0 , i li 1 III , ',--„,———I's— -----______,, i 8 ir O .;� r�>�c .Zv ttP_ Lfir • :� R mow,: \ \ .: �►os" \ �> \ :q; ate= M> w i s S • b o• . S i==W„1 r 1`cv ' a1og0E IOW�s.s=s �w _ _ ®�� : _,.(. 1/4 R CO 1 `\\. SUN =• ,.. =: 5:s• P 4,06 ip,,9• ,..: 4_,!' ,,. 1, aPrilthir 4r e.,„. a ), r.. •sz ars ._I `4�n \ •c 7. 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'4�,� e�, Z\O:'¢ / 5 4„,,,,;,, �; , ' fB�s or c� �i� e_I.ww a mwemn,>sa ass •4�� ..,�� Ta i SURVEY NOTES a� ;h.�. Q O 2 1( L:.. 5 5 ` fr MOW SET-GOTS FRONT YARD-on '\RIjN\N_,Nor, � rw. '• su..n.-MN S.w,o..r LOT.o,l,.,r •` ,,��,`r;','' ��I�,, j `�.{ •'o "'4; _I „,,, \1TiE YM_,..NNE-rr-mom ocnommo ro or n.v Ie•Rw %'� �* o LEGEND \I.?k • VIAL m.n.v ••mniw+,s.ALL ROMS l `'S .. ' - •? �".#• ,, `,� 3 R G S MIDI - .rn m.el ,:au,. \:\ � o GS vK,T \POT.PCIF \ .•.m. n ALL BRKNc BIOna.3 / +'m.M` '♦ ••„, � ,'•I%# , ;s i i •1p1µw ipmek c,iw d,9n `� !!,, I� B / '. !i BLG B pp i z s o :,.N,.nu.,«•.n�«E , — I' -- e,..,L. „ESN �JI ':\ ti. Ei PG.VAULT • _ N �. g. f-r 1 , udi • 5UILDNGB 1 BB.2 In.J 1*a w. /_"/" ` \ ' i._ : ® '� Z 5 y 1�� sm1,auK,Tul,em //� v'41 •I n ./• 6 i. :1 m.ous GRAPHIC SCALE ...�„.. wasi n n. _• - �•f �.�� F i, •.,,..•N CASE(AS NOTED) � • aRrn/w(.S n.,m) SANS OF REARM. Seim an. "'N"` .-m VOW uN • ® uwr m. i '�•�osm'cc.'.`..."e,w"ii rsL • .. ., r—s_arrap,r-4,IMMO COMM 1� .aonaa.NS AT GROUND LEVEL p . NE. _. r. iTh R new▪ i m .. ) lis. .. - li PLUG • vKK• MGT.METERCiv_,,,j, ILDING B 111 BUILDRIG)111III BUILDING 6 ooRULON64D8 111H III C •.. •� •x io.'rn...n. no v•I Iv- STORM 1— [ w GIER WE R 2- 24,, gSAMM II4 TM " 'f-•.'_ Imo., - ) 0-�� •e a LiNt m uE __y __ .�pp,IRE UK ' • , BUILDING•W REC Q Y BUILDING 2 01 .1 - w,.•..', xw n. n 'I __�___qt"yE b WILDING 2 III zv.3...n.a.� M101. c .] .. -439e ,„n. ' ... SHEET li - -- 2 i 2 se.ee •On WI DO eF ... A AMR _ a .1r i M:' 1 11411, 1 F 1 A FA.OW OP s ifr wa AMlr sV1'ura tAMMd K.a '__ RI: S.t1 aoaaan mac• AMS N/. .. aB♦ _ mail 1�rM IMF _ ^\ urn3�wlpp Ig10 S.OIL TS AAA MI TO — SY a.MAMAvenal.Oa,RuIR-MAOwa _ ma _ z i 1 , 3 Rr""l� •l! ELJ 1I al ' I— r r __ mAr rsuu� ■ in. it ■■ = - _ _ .�T � ® -- 11.1 a.MA 'i rrr - 14 i _ 'N `% \ '}V '+V _ __ —II I1=� - - 0 z W — _— — - p o mu/arrow OM WO — Miti '1ii — Z. Ll1 • _IM R17 mu - - _ --£VIEunwl u , n1I un— I�I � Z Z ti TA IN R�a � �= .a I) v AMAMMM as o — ,n .w nr OY480MII7-__ Z AC WOW.WA CC !a ST..RAM r NAN Q f1R OW a1/i 0M w ® Renovation - East Elevation Q SCALE: 1/4. - 1'-0- r ' IMAM of a 9 7 — // /// ji a xm / �� / j //% my, r�„az .4 sr OAF .ou NOT EA-. _,no-s CC is III II ,.,,, „g I I I K I I I I I I I I L_J L_J `tJ——�....Iv— I I I I I I I I Ai/le....„;,.../7�� 1� ,�jGY/1/' II AT T030.11 atf /, I 1 11 i i R AM HUT Demolition - East Elevation ^ n. A2.1 SCALE. 1/4' = 1'-0' /'1 L ---- 002,1.I.CL.O. 11114.E S C1/010 me' iril ........ MR VW IF po —= I lif 1:90101 POST.DP I''ill MI. .' 3 VT CORM Mg RP _ ._ n pp° 11.1 rizel 2-10 ,IIP: 1 i i 10 02010/74•0•1 11011 SW.IP 5 I/T 1K0.Wel 101/UMW 12/1102 OR 1,401 M .‘ •087211 OM S 1110.IN• . MES•WE.IV MSS•MU IMO ,11N1.111 II '1 .0 18/21 T 0.42.470 ---r==------------- ---=---- ------=----- IENE 2 • ....10 I 7 I:: i'l . 1, , I •fIII, ,I-- ----7--....--_-_-=__- . IA lb Wit LLI PIM SW --=----_-:•-=-----=-----= I --- ----- 0 8121 MD MAIM --==-. ....********'',4„.................„), tZ 1-1_I• ., ,......— 0 Z Ng 10.0020 —.<1 —WPM MEI I I MUM%. WWI S 00100 MAE SW [..----*0- , III. c. II urn'lii ekei-a— — NE 1 INMAN i II III:ni1111- --7..] 111',7 al'Bill ii ap4- — " 111,1111111111111 i 5-0-----II II311 II.=. I — II ill IIIIIII LI In.Mil 11111111111Miliiiiii1H7:011111N11111111111211111B1111111017 ..- =0 fl1111111111•111111111111111111111 2511114'•111111111113111111p1iii ....... 0 i Z "*24 .1r MVAIIIMIIII — 12 .6.iiiMtWAiiid=i 1.'74 ,2 0 10 .4.44•I H Cf) E z < W < I yr 00.TIllo 4/210.4 5,/t 10:id IN/0O.,44 SI WOG.10.00 CC uj 0_0718 0 1001 HE. • > It*•WOW.OM ...1 3.U.I.• S LI101.7221• MIS 11MM•20104 SSC 4 bk.SE rt, SUS•Pea.TV < . Renovation - North Elevation © Renovation - South Elevation SCALE 1/4- - 1.-0- SCALE: 1/4' 1.-0" I ' [ n yna, ELVIATIMS EWE .0,7/88 17744 114 00 JOS IN 0-85 10000 "77- ......N.N .N............N4, -.__—M." -1 r 1 r 1 r -1 r 1 .........t.n I __I L I I _J I -7 I i i II I i .......s.... M.DOM 111,(4) L L (---_,WaTirs. 17)7 ii pi :all 111‘111 N r __.) r ,, ;—,11:1 4isotior•I 1 M M 1 in / 12/1'›0,4 :/.11 1 V a•40.4.*...kn.., 100(•SUM 5•Gois.VIDA!.....241•2 0044 CUM MN 24.0 70470 la 200 07 70 r---1 r-1 ,F..; 00010 020507477/E. I I I I N •I 177 1 STEVE DOUCKIV PROJECT K414.460 NM It mat 0- 425 578 214 1 OM NM TO I I I I 3 , 0.- 425 570 0447 I I I I ) -TA 1 -,_74.714,4yea.onboy 444r. L_J L_I 1 1 /1•',--,-(/1) MOM PSTFIS SICS 800,10241. 0/1•1411.0.In 1111111110.1 OEM . ,, SKR NS Demolition - South Elevation A2. 2 SCALE:1/4' 1.-0. • 4..1.4....11 OW WM 1 i wear WA Ilr ll II ill 1 r I I oa WALL a CO cc �+ ,ovPm 2 0 Z ownna I I COI MUM I ooe�r.0 'r�ii°5ma „wow r' CC z uj C = ai Q wM wrI f50 - !_ —0000) it•1 DIMS ` Z ;/R IOW MO MK • Jyr�� '_ C amw�. Q w Q IREZ cc uj Demolition & Renovation - West Elevation Q SCALE:1/4' - 1'-0' p 1` .'4 ta 1y DONoY „= I 100 I 100 kYe...4,C ■�■ .'e py in in 9 wWV M.5,0702 :enwal .( ■u v .1 mc,w..w wa15<ol �Ii1 III cru a :�.E., �9��III 0)„«m w ,mc 5,..,,1005 �IIII III lY f Aa,i nx a :0. �N. 1.a NI::::■II :�5{w+"`...°x lir e'-v OU.rxc 261.6 I 1„11.:..ff 'III■■MI II n3ro5 AlIRI .nx lul O T Yd ta. ,�',,.,,II ...-.__u�. +oe.. 00-05 td I,IE. •11.ie 4 1 O f MOO W DIM DK 01 A nxm•5is' p.m,un t OO O O OR0-a91Y wno 5m1w :•>.w_':al n ...eclat.. 01r72 1 WI DAD 0•000 CCIWOIC]'ds e'd F„ui, i, l'd OxMM.�. } ■Oa. 1 nrt', st I i > as MI I„ r,R,•1.1s ,.>oe,cm rm >• pI _l (q n wx+G[n ■ O o 7 46 Window Types __ WIER NO) SCALE: 1/4' = 1'-0' A2. 3 • MONUMENT t RETAINING EstiOWL WALL LOCATION TO BE FIEL.. :ILINIEE°:: VERIFIED 5Y LANDSCAPE ARCN. P H LANT SCEDULE _ o. AND ASSOCIATES MT ee Nrfw �4]Oi NAL7E SIZE/DESCRIPTId EX 1► •'►cif►► ��Edf► EX'�:• / .!/ LARGE DECIDUOUS TREES Au,.platsrolWe Haney Maple )"ul.t each Full.Matdrde "df �► •15'df ..... Street Tree DYllty / /► 41, „ORNAMENTAL FLOLLER/Y TREE / 15 df► 'a 6" ash'. „ CsrcldlpYyllun Jepmnlcun Kateur.Tree 7•CAI,DeN'Lltl-levee Full / as d....� / ► .l EX 1 O DECIDUOUS ACCENT TREES / 2E1,► IF EX 6' ash nom„�e.,.,r..ew,w..m eetule J.ccp.wanll Jecquonowlll arch >•Call.Ain,Multi-maid,5e5. / ► , 6' 85h EVERGREEN TREE p) TruJe pliuta Wwtarn Rad Cular V-, in,5e5,net showed / Vas -r�— (177.ea QCantu.tolonvw. croak Dogwood I gal cent.5"ht.min / / ®Berborl t.William Warn' Olean Porn 54rbory 3 gal can.5•K win / / / A"; I1 / unasC*ii / � 0 Rhododwec*on TNgew' Unlgw Rodod.ndron 5 gal cont74'ht.n' / I rres,M 0 Rod.'CYrNVua Chaser a.m..Cheer Rod 5 gat.M0,ht-nh /////fi:.,. Q Rod.Dan Belli Boa pall Rod. 5 gal.ce t74•K nh -I�•//a////�// wvwf.ovr GAMMA{ al 0 Rvdodwddron'Dora a 9Nl•Dore Anatole Wad. 5 gal.corn74.N.win / - r�/c• /' ®Nand.dan.etica'Copacw'Neavanly 5.aboo 5 gat cont74•hL win ri�r�p�p � " / Q O.nunthw raldnal Oemanthr 5 gal.cont7a•hL nh G 1]p ®Oenor.e bekedoodli OenarN 5 gal.urn),K min - SEPailif — ..44Ziiott •• 0 GalwagrxtA.ortlrolla Feeth..Reed Gaee 5 gat can74•N.win. / / "Rdr�-� / Q Bum*n.J,'Grown Eluuty' Green Sty.eoewood I gal eat.5•ht.oh. =� / wm.mu ©lydreng. neucptyll Nglaar wydrergma 5 gal.net74•N.ah. / )\ _/ �,4(_I c:. / LIASL BUILDING �I sNRro MASSING • 1 -0 4P-�1` N 0 a wL,_ =, ` /j��) PLANTINGnwn ' • / . Clelw 1ybldue Recivoea I gal 30"co.VI.p API 4 -*O i=.ei 6 SrA. 4 4lt�.trl10 /.�il, FSA � . � W � u� Iw�./!1r vlwdnmd aavlall DavWu vRd.raee I gal 30 oo VI ep t*.tij t hy- .t��y.>./ii...��pCt a�I1�yl /, w� _ . Peru.imgho Mlglo es. I gal 30 et VI ep ! I.ff ?:(wS. .��t`r is%�11�h�I.> //� '�'(� d. ... dwde w Pr..*lvouaw. ate L Laval I 135'co. !•?Al /1�l�* '.. 4.1 \'7.1.-Sii '•t.hey ///�. i±^Q1 Q tryd.rd ga trig .,j'ea i` ��/i C P. ke val,► 1fd; . �, k ©- a y.:V,''• %;: •� gam._ ___ i414 ��-4` ��g / 0 PEREMliAL rlASsw _ .':' - 1 �,, j �•� •�`�r`rt:le AP , Le v.ndul.rdgddetlfolle Wand. I gal 74.04 VI.p '\Englion i e 1 /1/ Meowed 4";>+ I arf / • grad. y pot cal w ` `1. 'i�� , ' i�b0�' :I �R NOTE: REMOVE GRASS. C'J . I y ADD SOIL TO REGRADE \��,�� ,, • 'v• • Sanded gra.e ,Z 1 " �,� / ,„11-- 7....- .:s.5. 1 .—............_ /, _ • €,, i '00 ° ' A,,,lArf .... .... si/'4.,,:.,•...1.:.„::,;,,2,,4,4,,.-;„ ,,f,.„t.i4,,,c,i.•l,.i'. o.e..—1,. / "JJ / d.m.m ...dwd= d.. (. i -,pi/ �/, ��;�.�a��.49-, q•4 sg / p(ANTING PLAN i q % ' //[.` ra n y y'�..j'/' / SCALE:I^-rrJ^ T 1 f- bt AIM LI"LEO A KING CONNTY ' -• RF 3 21 4 "'"'FE--.1.-------.I . --,....... .,. ... G. 3L111,- . Gg.0;ERErrt04 I.742.275.Z.T. ''', ..8 2: _ ASSESSMEN IS „ _ _ ,,, ,..„..2,_ ,tvii„_...\., + 1.,.„,_r_s____v_ i ' ----7 - 114,90.14M5 Ifeili --*'*• ," . 4., 4i _ will i7,1 ,,,, ,, ,..441 Ti ,c1,;:- .. )11, ..., •, ..., ..- 4 , 1 • ,,,,,,,,,,,,,,-,At.,,, ,,,,iii.• ..._ 46.0-,./..; i, .., !...,-,.._- --- 4,- ,--, 9- ,,., _____ ••••': ,114:;;;CPr.t. eft,ilt.Ail,4_ ,1 ....,,.,. ..• .,.., „4,4..4. ,, o..) •••., , ' ---,.- -,-,-- ll, .11.• 41111,41F III ;:.5 'pla. --, , :- .,-''... ..._ .,„ ....,_,..,______.....,„. , ,, . , , ,v, _ •:.., a' ifilise....' . 011‘.1 % I .:1, ..>"•,. ..,;-- ''— -- \,„ ---- imin 4 .p. - iiiii, - '-'•-- ar, -- - I- „I ------,- 0.. '•o-,,,„o,.._,-. lit ,„,, •1... ----- —,\ ''' _....., „.:•,....;-...,,,,,,,;, ,24 7424;;;; ...., iir2 Ity,, \ ... . .,...,.. Ary t \,.......7........ ,.'.. '.• ..,gil.r4 ki° '''.1.'I.'.."':;11, 1,..., ,4,itr, -, „,-- 69 e., .''''''‘: ::',.• 1 r..%,• "air 44 - t• -,,'" .." 1 ,.----• ,,__1° ''''''''''"""'" " ' '-'...'"'-''''It 6'13.--;',-- ....., """4.--'-'''' -.--', jf.„ '--- '' ',1.... - 1 , 1,,11! CENTER 1.:,..7,7,' A...7 ' ' f .4,.. ./ 1 / !, ' •••::- ___-n. I, • -,,, 4,7 , - • --r-- .... #, -• t /-----.4-- l' -- 14 ti , ''''',,...\, ''';i', • 4 ' ''' 4 i' __ ___Le , ._ ___ , .L._.1. .--_i__.-----t- / . 7:..al-,..:-4:::7 .-..3. rV••, - — ----o-, / "4--- .7:7. __ �• ��- CITY IF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 27, 1999 Mr.Walter Braun Avalon Bay Communities, Inc. 11808 Northup Way, Suite W311 Bellevue,WA 98005 SUBJECT: Avalon Ridge Leasing Center Project No. LUA-99-127,SA-A,ECF Dear Mr. Braun: • 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 on the ERC determination. 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)430-7270. For the Environmental Review Committee, t(4t4) � I Lesley Nishihira Project Manager FINALLTR 1055 South/ � Grady Way- Renton, Washington 98055 Cam]This oaoer contains SO%recycled material 20%nost consumer • (y) ESN OCT � 1999 RECEIVED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ill! PAGE 1<OF li t Avalonf3ay Communities x COUNTY LIA 10/14/toa9 ea:4e 11303 Northup Way,Suite W 3I l 1 Bellevue,Washington 98005 CM1CAGO TITLt COY 15 °° tsPAcE AeovE IRE ONE l5 FOR NEGOaOERs USE CHICARESTRICTIVE COVENANT gEf# OTITLE INS CI.I. EF# rt pq, GRANTOR AVALONBAY COMMUNITIES,INC.,a Maryland corporation I.I:GAI.. Pin SW'A,Sec 18,T23N,R5E,W.M DESCRIP[ION The complete legal description is on Exhibit A ASSESSOR'S TAX PARCEL NO. 21437O-12I5-O8 THIS RESTRICTIVE COVENANT is dated this t 3"fday of October, 1999, and is made by AVALONBAY COMMUNITIES.INC.,a Maryland corporation,successor in interest, by merger to BAY APARTMENT COMMUNITIES, INC., a Maryland corporation ("Bay") 1 Avalon is the owner of the real property("Property")in King County,Washington. legally described on the attached Exhibit A. 2 Avalon hereby declares and covenants that the two parcels that comprise the Property shall not be separately assigned,transferred,encumbered or conveyed in any manner The Property may only be assigned, transferred, encumbered or conveyed in its entirety as a single piece of realty 3 This Covenant is made pursuant to requirements of the City of Renton as a condition to the issuance of building permits in connection with a multi-family ♦# apartment development known as Avalon Ridge Apartments. This Covenant may not be amended or terminated except with the written approval of the City of Renton cry•-•.+»'r.or -1- RESTRICTIVE COVENANT . • • IIII • 4 This Covenant shall be terminated upon the recording of a Iot line adjustment approved by the City of Renton 5 This Covenant runs with the land and is binding upon all owners of the Property. DATED the year and day first above written. AVALONBAY COMMUNITIES,INC..a Maryland corporation B 0 Y — -- . - Its v — STATE OF WASHINGTON ) y� h ) ss County of VI_^� _ ) .u.Ln.-.r. - is the person I certify that I know or have satisfactory evidence that red this instrument. who appeared before me and said person acknowledged that hen he g on oath stated that hei to as authorized to execute the instrument and acknowledged it as • the ye__.— of AVALONBAY COMMUNITIES, INC.to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument / DATED this p_ day of�aal•L�./ ---. 1999 N ry Publi to an. for the St: of "",. Washington i- �/ I '� 1 t•rfr).4I L� 1.��t_1.._. _ '� .• ioti'' 1,4 Name(printed _ ..., ia4.•r0 4r residing at_ a. t4OTARy. My appointment expires i�, _ '+� (H=WAS 1 1 _ p- RESTRICTIVE COVENANT 199901e4all crcc ea St IA � to a °P we to ee • • NI _ I i+.f3;7 CH I CAGO ITLF.INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Ordcr No.: 556R78 YourNo.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) PARCEL. 1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE S EAST, WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON, DESCRIBED AS CO(MIENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS. PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY. WASHINGTON; , THENCE NORTH 39°50'39" WEST 664.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF REGrON HY DEED RECURDr'D UNDER RECORDING NUMBER (3208110369 WIIICLI IS TILE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86. AS RECORDED UNDER RECORDING NUMBER 870:3169005 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 33°18'55" WEST 69.RR FEET ALONG SATO NEW LOT LINE: ;T) THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27.03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE SOUTH 71'34'15' FAST 310.06 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 21. SAID BLOCK 12; THENCE. NORTH 18°27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 21; 1 THENCE NORTH 88'2I'.36' EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 1R°27'2.9" WEST 97 95 FEET ALONG SAID EAST LINE AND ITS SgTTHF,RLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A ANC B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 01b-96 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76°13'16 EAST 108.80 FEET ALONG THE NORTHERLY LINE OF SAID LOT H TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 0208110369; (•MM..11,14"Vfl 19991014000037 I�!I`:1 !:.J FAic Bet Y 011 ijl 1 to t4 I99'es•e I INC COUNT* UN oe .11.1111111111" MP • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 554147R Your No.: AVALON RIDGE l LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 32°57-51' WEST 150.01 FEET TO A POINT OF CURVATURE. THE PADIAL BEARING OF WHICH EXTENDS SOUTH 57"02'09" EAST 330.0C FEET: THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 2'I'17'12", AN ARC DISTANCE OF 157.16 FEET TO A POINT OF REVERSE CURVATURE. THE RADIAL BEARING OF WHICH EXTENDS NORTH 84°1.9'7.1" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 81°47'12", AN ARC DISTANCE OF 28.55 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87°27'51" WEST 38.50 PEET TO A POINT OF CURVATURE. THE RADIAL BEARING OF WHICH EXTENDS NORTH 07.°32'09" WEST 270.00 FEET: THENCE ALONG AN ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE. OF 21°00'00". AN ARC DISTANCE OF 98.96 FEET TO A POINT OF TANGENCY: THENCE NORTH 71°32'09" WEST 253.54 FEET TO A POINT OF CURVATURE THE RADIAT. REARING OF WHICH EXTENDS NORTH 18°27'51" EAST 45.10 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 33'31'26 AN ARC DISTANCE OF 26.3e FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL, BEARING OF WHICH EXTENDS SOUTH 52.01'17" WEST 45.00 FEET: THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF ' R5020'13', AN ARC DISTANCE OF 67.02. FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF PIE SOUTHWEST QUARTER OF SECTION 10. TOWNSHIP 23 NORTH, RANGE S EAST, WILT,AMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, D6,>CRIBEU AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH ()CARTER CORNER OF SAID SECTION 18 REARS SOUTH 89°10'04" EAST: 1 THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC. COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF II, VOLUME A - WASHINGTON, WORDS OF THE BURLINGTON NORTHERN RAILROAD. BAH) i'.)iNT ALSO BEING ON THE SOITTHERLY BOUNDARY OF THE PLAT OF EARLINGTON. ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME. 14 OF PLATS, PAGE. 7. RECORDED UNDER RECORDING NUMBER 4E1149. IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14'1S" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF 7 RENTJN BY DEED RECORDED UNDER RECORDING NUMBER 82001103E9 AND THE TRUE POINT )1 OF BEGINNING; .il THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE. TO THE N;)R'LHWEST CORNER OF LOT H. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS 40 RE._0RDED UNDER RECORDING NUMBER 871)3349002; 11 P1,144 11114; , 19991014000037 !; Llll FAGS 984 OF Oit ai l le 14 1994 eB 4e CMG COUNT. w C.,1IC'GC TI LEE COT' IC ee • • CHICAGOTITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 55687R YourNo.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THENCE NORTH 80°29'58" EAST 138.30 FEET ALONG THE NORTH LINE OP SAID LOT B TO A POINT ON THE. CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE. AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650; THENCE SOUTH 09°30'02" EAST 90.63 FEET ALONG THE EAST LINE OP SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW I.:1T LINE BETWEEN LOTS A AND D, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE SOUTH 45°27'51" WEST 176.21 FEET ALONG .SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT N0. 017.86 AS RECORDED UNDER RECORDING NUMBER 8703189004; THENCE SOUTH 75°27'51" WEST 70.03 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 79°O5'C2" WS:T 69.72 FEET ALONE SAID NEW LOT LINE TO A POINT ON , THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND ARO/EYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 6208110369 ANU A POINT ON A CURVE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 77°05'02" EAST 270.00 FRET; THENCE ALONG SAID EASTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 72°02'S1", AN ARC DISTANCE OF 103.90 FEET TO THE TRUE POINT OF BEGINNING. i'AEcEL 1..; :dA; PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE EAST. WILLAMETTE MERIDIAN, TN KING COUNTY WASHINGTON, DESCRIRF,D AS F :LOWS cOMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE. SOUTH .3:i(UiTER CORNER OF SAID SECTION ;8 BEARS SOUTH 83'10'04" EAST; THE'N•:E NORTH 44"L5'22' EAST FUk A DISTANCE OF 831.54 FEET TO A POINT ON THE NJHTiIERLV BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAt', PACIFIC COAST RAILROAD, SHEET 5 OF 1), CJLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD. SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF F,ARLINGTON, ACCORDING TO THE PLAT THEREOF. RECORDED 1N VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 431749, IN KING COUNTY. WASHINGTON; 01 :EEN;:E NORTH 76"33'09" EAST 110.48 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF •� RENTON HY DEED RECORDED (UNDER RECORDING NUMBER 82.08110369 AND THE TRUE POINT J BEGINNING; (7TAPYAA-RAA I.N! IN011111 . 199910100037 9GE 00037 i o On a1s Or or Eli PING° 1999 COId(T.� Q u8 • C.NiC8'.O rITCE CO.' If 0i • • 111111 CHICAGO TITLE.INSURANCE COMPANY A.L.T.A.COMMITMENT SCHEDULE A (Continued) Order No.: S56878 Your No: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THENCE NORTH 44'32'09" WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 45'27'51" EAST 270.00 • FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC. OF THIS CURVE TG THE RIGHT THROUGH A CENTRAL ANGLE OF 55'2.7'07° AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-06 AS RECORDED UNDER RECORDING NUMBER 8703169004: THENCE SOUTH 79'05'02' EAST 69.73 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 75°27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45°27'51" EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001: THENCE NORTH 9'30'02" WEST 30.63 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; I) THENCE NORTH 80°29'5B" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK 11. ITS EASTERLY PRODUCTION, AND THE. NORTH LINE OF BLOCK 10. SAID PLAT OF EAHLINGTON TO THE NORTHEAST CORNER OF THE. WEST !0.00 FEET OF LOT 2, SAID BLO^K 10; THENCE SOUTH 18°28'49" WEST 100.27 FEET ALONG THE EAST LINE OF SAID WEST 10.00 FEET TO THE NORTH LANE OP AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY PUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK 10: THENCE SOUTH 80°29'S8" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST CORNER OF SAID LOT 28: THENCE SOUTH 80°29'58" WEST 9.06 FEET ALONG THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 11 10. SAID ALLEY RUNNING PARALLEL WITH TIIE WEST LINE OF SAID BLOCK 10: THENCE SOUTH 18°27'19" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT THE WES'LRI.Y PRODUCTION OF THE SOUTH LINE OF fATD LOT 28: THENCE SOUTH 71°32'21" EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OF THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED T' THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369: THENCE SOUTHERLY AND WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF SAID TRACT THE FOLLOWING COURSES. SOUTH 29°S6'G6' WEST 85.73 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF i WHICH EXTENDS SOUTH 60°03'54" EAST 330.01' FEET: THEN::E ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF n.0 1 RIM ., 19991014800037 r U ee6 Or ell • le 14 1999 ee Mt.,' 1.10 CNICRGC CP• le ee 'j • • CHICAGOTITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Coolioucd) OrderNn.: S56879 YourNo.: A7ALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 o1Schedule A continuation) • 59°50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY: THENCE SOUTH 29°54'08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET: THENCE ALONG THE. ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101'32'13" AN ARC DISTANCE OF 35.44 FEET TO A FOIST OF CCNPOUND CURVATURE THE t. RADIAL BEARING OF WHICH EXTENDS NORTH 18°21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF TINS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 20°49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY: THENCE NORTH 81°32'09" WEST 105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 08°27'S1" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37°00'00" AN ARC DISTANCE OF 174.36 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OP THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KIK; COUNTY. WASHINGTON, . DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION IR, FR('d? WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 REARS SOUTH 89"IC'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC' COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 WASHINGION, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON. A.:i:OKD1NG TO THE PLAT THEREOF, RECORDED IN VOLUME 14 (IF PLATS. PAGE 7, RECORDED UNDER RECORDING NUMBER 411749. IN KING COUNTY, WASHINGTON; THENCE. NORTH I6°14'15" EAST 547.09 FRET TO A POINT ON THE EASTERLY LINE OF • '!'Ili; NORTHERLY PORTION OF THAT CERTAIN TRA'T OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369: !p THENCE NORTH 32.°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE, TO THE SOUTHWEST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 0:4.84 AS RECORDED UNDER RECORDING; NUMBER 8703169002 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: NORTH 32°57'51" EAST 2.S? FEE'i TO A POINT OF CURVATURE THE RADIAL DEARINi OF WHICH EXTENDS NORTH 57°02'09' WEST 430.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°30'00" AN ARC. DISTANCE OF 108.42 FEET TO A POINT OF TANGENCY; THENCE NORTH 19"L7'51" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL. BEARING OF WHICH EXTENDS SOUTH 71°32'01' EAST 30.00 FEET; THENCE ALONG THE ARC OF THIS CURVE T) THE RIGHT THROUGH A CENTRAL ANGLE OF h4°1'1'59' AN ART: DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 00 SUNSET BOULEVARD ;STATE ROAD NO 2) AND A POINT ON A CURVE THE RADIAL BEARING 11 T.1I UM MN',II 19991014000037 or, .. . PAGE ee' ell I 11 II•,, Id9 Ie 1.1 9 ee•e '-1 ! •. ' IlNG COWTY WA I cwI'�A*1*tr COY. 16 88 ',O - - - - . Anna IMONIfi • yft • CHICAGO TITLE INSURANCE COMPANY A.L.T.A.COMMITMENT SCHEDULE A (Continued) Ordcr No. 556R7R Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Pa1'agrapb 4 of Schedule A continuation) OF WHICH EXTENDS NORTH 07°14'11" WEST 1.,492.34 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 03°55'14' AN ARC DISTANCE OF 102.55 FEET TO A POINT OF NONTANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH NIAS,:K n, SAID PLAT OF EARLINGTOR; THENCE SOUTH 18°27'39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF LOT A. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-85 AS RECORDED UNDER RECORDING NUMBER 8701169002; THENCE SOUTH 80°29'58' WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE S EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18. FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 HEARS SOtFI'H 89°10'34" FAST; THENCE NORTH 44°25'22' EAST FOR A DISTANCE OF 631.54 FEET TO A POINT UN THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11., VOLUME 2 WASHINC-TOFU, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT GF EARLINGTON. ACCORDING 1'O THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749. IN KING COUNTY, WASHINGTON; THENCE NORTH 07°24'23" EAST 464.07 FEET; THENCE NORTH 71°32'09' WEST 115.00 FEET; THEN:"I NORTH 2.3°22'18" WEST 129.26 FEET TO TI"I NORTHEAST CORNER OF LOT 21. I), SAID PLAT OF EARLINGTOH; FHEN:'E NORTH 18127'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET 13: 1LEVARU (STATE ROAD NO. 2); THENP NORTH 88°27'36" EAST 127.7.1 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE (IF LOT 24. BLO_K 7. SAID PLAT OF EARLINGTON; TilENWE SOUTH 18°27'29' WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET AONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND 8, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE ( TRUE POINT OF BEGINNING: THENCE NORTH 1R°27.31" EAST 117.47 FEET ALONG THE SOUTHERLY PRODUCTION OF THE EAST LINE OF LOT 25, BL(A:K 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. MACAW MIA ma RIF itli 19991014000037 ill ',nuenOr 011 I 10 14 199?00 l0 tPG COP'''. UP CH Mk:0 t1tt.E C0: la ea ■ • ERG CHICAGO TITLE INSURANCE COMPANY A.L.T.A.COMMITMENT SCHEDULE A (Continued) Order Ni,.. 5S6876 Your No.: AVALON RIDGE LEGAL DESCRIPTIONEXHIBIT (Paragraph d of Schcdalc A continuation) 2); L THENCE NORTH 88°27'37" EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 01"32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CC'PVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00°55'24", AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02°27'47" EAST 30.00 FEET; THENCE. ALONG SAID WESTERLY LINE AND ALONG THE. ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 110°55'38" AN ARC DISTANCE OF 58.08 FF.F.T TO A POINT OF TANGENCY; THENCE SOUTH 18°27'51" WEST 12.07 FEET ALONE; SAID WESTERLY LINE TO A POINT OF CURVATURE THE. RADIAL REARING OF WHICH EXTENDS NORTH 71°32'89" WEST .370.(`0 FEET; THENCE ALONG SAID WESTERLY LTNF. AND ALOE; TiIFi ARC OF THIS CURVE TO THE RIGHT THR LII4 A ,:ENTRAL ANGLE OF 14"30'00" AN AR:' DISTA E OF 93.64 FEET T: THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN IF'TS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-66 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE NORTH 76°13'16" WEST 108.80 FEET ALONG SA11' NEW LOT LINE TO THE TRUE POINT OF nECINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18, ToWNSIIIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN. 1N KING COUNTY. WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13. TOWNSHIP 23 NORTH, iiht.•;, 4 EAST. WILLAMETTE MERIDIAN, IN ENS -TNT,. WASHINGTON, DESCRIBED AS l FOLL'1W5: "JhMEN..:ING AT THE SOUTIR(EST CORNER OF Si,11? SF:TI'Yr :8, FROM WHICH THE SOUTH r ,GARTFR CORNER OF SAID SECTION ;N HEARS S ',GN 'l-:0'04' EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF '13:.44 FEET TO A POINT UN THE U^ETHER,Y '((I(INDARY OF THE PACTFT( COAST RMLROAP RIGHT OF WAY AS SHOWN ON THE MAIN I,TNE RIGHT OF WAY AND TRAIT MAP, PA'IFIC !")ANT RAILROAD. SHEET 5 OF 11. V)I:IME 2 • WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID F'INT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, 33 A:CORDING TO THE PLAT THEREOF, RECORDED IN VOILTI`E 14 OF PLATS, PAGE 7. '1 RECORDED UNDER RECORDING NUMBER 413749. INKING COUNTY, WASHINGTON: ii1l TiiEN-'E NORTH 71°29'12' WEST 484.56 FEET AIARF: SAID SOUTHERLY BOUNDARY TO THE :Y'THWES7 CORNER OF SIJNPOINTE ("OND.llINI'I4, iNW:E I. AS RECORDED IN VOI,IR E 64 'J . ININIUMS, PAGES 'IS THROUGH 8', UNDERFit. LINTY RECORDING LAUNDER rT.TMTAA'R'M'TP" 19991014000037 l;Ji NG( 009 OF 011 1 10 14 1999 00 1.1K:7.MTv IM 'Ira CO. 10 00 • ase • s CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.. 556878 Your Nn.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18°27'51" FAST 91.76 FEET; THENCE NORTH 41"27'51" EAST 75.00 FEET; THENCE NORTH 18°27'51" EAST 130.00 FEET TO THE SOUTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: NORTH 71°32'09" WEST 25.00 FEET TO A POINT OF'CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 18°27'51" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 33°33'26" A DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATIIP.E THE RADIAL REARING OF WHICH EXTENDS NORTH 15"05'35" WEST 44.00 FEET: THENCE ALONG THE ARC OF THIS CURVE TO THE FIGHT THROUGH A CENTRAL ANGLE OF , 1(1"4F'4C" AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON I,OT LINE. ADJUSTMENT NO. 018.86 AS RECORDED UNDER RECORDING NUMBER 8703169005: THENCE NORTH 33.1.8'55" WEST 69.98 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, ,;A10 PLAT OF EAPLINGTON; TIIEN:F NORTH 71'34'15" WEST 215.66 FEET Ale)NG SAID SOUTHERLY LINE T(: THE b)UTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO 21 AND A 10INT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5"2. '21" EAST 1,402.39 FEET. THENCE ALPN:, SAID SOUTHERLY KIGII'I OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7'59'25' AN ARC DISTANCE OF 209.52 FEET; THEF1':E SO1117i 10'27 S1" WEST 260.00 FEE:: TiICNCE S00TH 89"27'51" WEST 70.00 FEET: THENCE SOUTH 1h"27'51" WEST 154.00 FEET: THENCE SOUTH 52'32'09" EAST 70.00 FEET; THENCE Sarni 18°27'51" WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PA':IFI;: COAST RAILROAD RIGHT OF WAY; THENCE SOUTH 7;°29'16" EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF WAY 1/1 BOUNDARY T3 TIlE TRUE POINT OF BEGINNING. i'AR"E'I 1: •i1WWW.'UM I1 19991014000037 I; raa tote oreta III 1 10 14 0') 0e 40 11IG COW" up r,, IC 00 s i • alb • CHICAGO TITLE.INSURANCE.COMPANY A.L.TA COMMITMENT SCHEDULE A • (Continued) Order Nit: 556878 Y416414 .: AVALON RIDGE. '1 LEGAL.DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THOSE CERTAIN PERPETUAL NON-EXCLUSIVE EASEMENTS FOR MOTOR VEHICLE PARKING. STORM DRAINAGE, WATER LINES, STORM AND SANITARY SEWER LINES, TELEPHONE CABLE. POWER LINES, VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, AS SET FORTH IN RECIPROCAL DECLARATION OF PARKING, ACCESS AND UTILITY EASEMENTS DATED SEPTEMBER 14, 1987. AND RECORDED SEPTEMBER 17. 1947, UNDER RECORDING NUMBER N7U917125t, IN KING COUNTY. WASHIN:71:N. • 11. NOTE: PARCELS 1 AND 2 ABOVE. ARE. INCLIME! WITHIN KING r•(BTNTY TAX. PARCEL • NUMBER 214370 1115-C,R. , • I ' l i I TAtl4A`kiu) 19991014000037 rat it:cr olt •i1I�' 19 14 1999 08 4P rMICAG?TITLE CO' Is 00 r CITY „,F RENTON LPlanning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 7, 1999 Steve Doughty Avalon Bay Communities, Inc. 11808 Northup Way, Suite W311 Bellevue, WA 98005 SUBJECT: Avalon Ridge Leasing Center Project No. L99-127,SA-A,ECF Dear Mr. Doughty: The attached are comments received from the Police Department regarding the above referenced project. The comments were not received in time to be incorporated into the body of the Report and Decision issued for the project October 5, 1999. If you have any questions regarding these comments or the status of your project, please contact me at (425) 430-7270. Sincerely, ( 11,5 Lesley Nishihira Project Manager 1055 South Grady Way-Renton,Washington 98055 60 This paper contains 50%recycled material,20%post consumer ROCT LUA-99-127, SA-A, Et P Avalon Bay Communities, Inc. City of Renton Department of Planning/Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET (Continuation) POLICE RELATED COMMENTS 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. Page 1 of 1 n ^. . �� Tres p ass .fi- r nr1,71�• 80,1EVIJ+ 0 USINES Enforcement 1 . 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 i 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. COURTESY OF RENTON POLICE DEPARTMENT • CRIME PREVENTION UNIT 235 - 2571 CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the day of , 1999, I deposited in the mails of the United States, a sealed envelope containing documents. This information was sent to: Name Representing 1-LI V (Signature of Sender) STATE OF WASHINGTON SS COUNTY OF KING ) I certify that I know or have satisfactory evidence thatf-i--tAr signed this instrument and acknowledged it to be his/her/their free and voluntary act for t uses and purposes mentioned in the instrument. ) Dated: Oe. - / (5Oc) }27 J i G •��, Notary Pub!" in and for the State of r.P ington MARILYN KAMCHEFF MARILYN KAMCHEFF Notary (PAROAPPOINTMENT EXPIRES. 6-24-03 NOTARY PUBLIC My appointment expires: STATE OF WASHINGTON� CoMMI>ss!. r Project r e: F=2u 3 hta- C Project Number: S- NOTARY.DOC REPORT City of RE )n Department of Planning/Building/Public Works DECISION ENVIRONMENTAL REVIEW& ADMINISTRATIVE LAND USE ACTION U DECISION DATE: October 5, 1999 Project Name: Avalon Ridge Apartments Leasing Center Renovations Applicant/Owner: AvalonBay Communities, Inc. File Number: LUA-99-127, SA-A, ECF Project Manager: Lesley Nishihira Project Description: The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. Project Location: 510 Stevens Avenue SW Exist. Bldg. Area SF: 4,295 sf Proposed New Bldg. Area SF: 1,060 sf net increase Site Area: 17 acres Total Building Area SF: 5,355 sf "ati. a a.t.reNrs .m« -_ i [ ' . 5= r 3 2� 4 +.c Ne ,,., 1; . .'.. -. -- . ..i , 1___ _�--. ,.. .. -' . l ` r _MM 1 ""... . 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I fi \ I r''' `1 `r, •IL w �N.,.l';, .c:/ - —- &:,—.. a •�1 '..4 .... till • Project Location Map siterc • City of Renton P/B/PW Department dministrative Site Plan Approval&Environmi Review Committee Staff Report • AVALON RIDGE APARTMENTS LEASIhv ..ENTER RENOVATIONS LUA-99-127, SA-A, ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 2 of 8 PART ONE: PROJECT DESCRIPTION/BACKGROUND The applicant, AvalonBay Communities, is requesting Environmental (SEPA) Review and Administrative Site Plan Approval for the renovation of the leasing center located at the southwest corner of Stevens Avenue SW and SW Sunset Boulevard. The remodel of the existing 4,295 square foot building includes a 1,424 square foot addition to the first floor and a 364 square foot reduction of the second floor—totaling 5,355 gross square feet with the new construction. The renovations would create a new resident computer center, resident meeting area, kitchen facility and offices for the leasing and property management operations. The proposal also includes the creation of seven new parking spaces, improved access to the building, additional landscape improvements as well as the creation of additional on-site recreational amenities, such as a new barbecue and picnic area. The project would require the removal of the existing pool adjoining the building and would involve approximately 100 cubic yards of fill. In addition, two Douglas Fire trees and some shrubbery would be removed in order to accommodate the new sidewalk access to the building. In addition to Avalon Ridge Apartments, AvalonBay Communities also owns the Sunpointe Apartments located on the southern adjacent parcel. The owners are operating the combined properties as one entity. The owners have initiated the repair and renovation of both properties in order to make the community more "livable" for the residents by improving the appearance and residential uses of the developments. In addition to the renovations discussed above, recent improvements include renovating the interiors and exteriors of the residential buildings as well as the recreational building located on the Sunpointe Apartments parcel. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21 C.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: (1) Fire Prevention Impacts: The proposal would include a net increase of 1,060 square feet to the leasing center building that would potentially impact the City's Fire Department. A Fire Mitigation Fee, based on $0.52 per square foot of new construction, applies to all development in the City. The mitigation fee for this proposal is estimated at $551.20 (1,060 sf x $0.52 = $551.20). The fee is payable prior to the issuance of building permits. Mitigation Measures: The applicant shall pay the applicable Fire Mitigation Fee at the rate of $0.52 per square foot of new construction. The Fire Mitigation Fee is payable prior to the issuance of building permits. Policy Nexus: Environmental Ordinance (SEPA), Fire Mitigation Fee Resolution and adopting ordinance. B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: • City of Renton P/B/PW Department dministrative Site Plan Approval&Environm Review Committee Staff Report AVALON RIDGE APARTMENTS LEASIP. .,ENTER RENOVATIONS LUA-99-127, SA-A,ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 3 of 8 DETERMINATION OF XX DETERMINATION OF NON-SIGNIFICANCE NON- SIGNIFICANCE- MITIGATED. Issue DNS with 14 day Appeal Period. XX Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with a Concurrent 14 day Appeal Period. C. Mitigation Measures 1. The applicant shall pay the applicable Fire Mitigation Fee at the rate of$0.52 per square foot of new construction. The Fire Mitigation Fee is payable prior to the issuance of building permits. 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. Parks 1. All landscaped areas outside property lines are required to be maintained by the property owner/developer. Planning 1. Pursuant to RMC section 4-4-080F9b, the aisle width for ninety-degree stalls is required to be a minimum of 24 feet in width. A revised site plan will be required prior to the issuance of building permits. 2. Construction activity within residential areas is limited to the hours of 7:00 am through 8:00 pm Monday through Friday, and 9:00 am through 8:00 pm Saturday (RMC section 4-4-030C3). 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 XX 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: Site Boundary Plan (Received August 31, 1999). Exhibit No. 3: Site Plan (Received August 31, 1999). Exhibit No. 4: Demolition Plans (Received August 31, 1999). Exhibit No. 5: Renovation Plans (Received August 31, 1999). Exhibit No. 6: Building Elevations (Received August 31, 1999). Exhibit No. 7: Landscape Plans (Received August 31, 1999). Exhibit No. 8: Construction Details (Received August 31, 1999). Exhibit No. 9: Picnic Area Layout Plan (Received August 31, 1999). Exhibit No. 10:Neighborhood Detail Map (Received August 31, 1999). C. Consistency with Site Plan Criteria In reviewing the proposal with respect to the Site Plan Approval Criteria set forth in 4-9-200E of the Site Plan Ordinance, the following issues have been identified by City Departmental Reviewers and Divisional Reviewers: City of Renton P/B/PW Department administrative Site Plan Approval&Environm Review Committee Staff Report AVALON RIDGE APARTMENTS LEASIh.. .,ENTER RENOVATIONS LUA-99-127, SA-A,ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 4 of 8 1. Conformance with the comprehensive plan, its elements and policies; The subject site is designated Residential Multi-Family Infill (RM-I) on the City's Comprehensive Plan Land Use Map. The objective of the RM-I designation is to "encourage the development of infill parcels in existing multi-family districts with compatible projects" (Objective LU-L). The proposal is consistent with the following policies contained within the Land Use Element of the Comprehensive Plan. Policy LU-68. Adequate green spaces, recreation, design amenities, signing and lighting should be determined as part of the site planning process. Allowable densities should be based on meeting these objectives. The proposed renovations would require the elimination of the existing pool in order to accommodate the expansion of the leasing center building. The original Planned Unit Development (PUD) for the site required the provision of on-site recreational amenities for the residents of the development. Therefore, the loss of recreational value resulting from the removal of the pool would need to be compensated through the provision of additional amenities elsewhere on the site. With the application, the applicant has provided written justification for the elimination of the pool by proposing the improvement of existing, as well as the creation of new, on-site recreational amenities intended to compensate for any loss in recreational value. Currently, the apartment development has three swimming pools, two whirlpool spas, one tennis court, and one children's center. As part of the original PUD for the development, a Reciprocal Right of Use Agreement for Recreational Facilities was established in order to allow for the required on-site recreational amenities to benefit the entire complex regardless of phasing or dividing parcel lines. Of the existing recreational facilities, one whirlpool spa and the children's center are currently not operational. The renovations for the entire complex, which have already been initiated, will bring these facilities into operation and will improve the overall availability of recreational opportunities for the residents. The proposed renovations included with this application, or under recent building permits, would create a new exercise facility, a new computer center, a resident meeting area, a kitchen, and two new picnic areas. One picnic area would be located adjacent the recreation building, which has recently initiated renovations approved under a previous building permit. This picnic area would include a barbecue and picnic table. The second picnic area would be located on an existing grass area across from the parking lot for the recreation building and would include two picnic tables, benches, and a tot lot with play equipment. The new recreational amenities would increase the total amount of square footage dedicated to recreational use and would also create uses that would allow for a higher year round utilization (the swimming pools are typically closed for 8 months of the year). The proposed recreational amenities to be improved and created appear to provide adequate compensation for the elimination of the pool. However, the plans submitted do not provide enough detail to ensure the proposed picnic areas are satisfactorily established. As a condition of approval, staff recommends the applicant be required to submit a revised picnic area detail plan for both areas (preferably on one plan sheet) prior to the issuance of building permits. In addition to locations, the plan would need to indicate the sizes and dimensions of the proposed picnic tables and barbecue pit as well as specify that the "play area" will include play equipment for children. In order to ensure recreational opportunities are made available to current residents during the construction of the proposed renovations, staff also recommends the applicant be required to install and improve both picnic areas prior to the issuance of the Certificate of Occupancy for the leasing center. Policy LU-69. Residential Multi-family Infill designations should not be expanded. Land within the districts should be used efficiently to meet multi-family housing needs. The proposal would allow for the renovation of an existing facility in its current location and increase the use and efficiency of the multi-family development. • City of Renton P/B/PW Department administrative Site Plan Approval&Environm 'Review Committee Staff Report AVALON RIDGE APARTMENTS .,ENTER RENOVATIONS LUA-99-127, SA-A,ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 5 of 8 2. Conformance with existing land use regulations; The subject site is designated Residential Multi-Family Infill (RM-I) on the City's Zoning Map. Residential accessory buildings are permitted in the RM-I zone provided they are located on the same parcel as residential dwelling units. The proposal's compliance with the applicable development standards of the RM-I zone is discussed below. Setbacks — The RM-I zone requires a minimum front yard/arterial street setback of 20 feet and a rear yard setback of 15 feet. Side yards require a 20-foot setback for side yards along streets and an interior side yard setback based on 10% of the lot width. The subject parcel is 108 feet in width. The renovated building would maintain setbacks of 30 feet from SW Sunset Boulevard (which is designated a principal arterial), 20 feet from Stevens Avenue SW, 40 feet from the west property line, and approximately 330 feet from the south property line—thereby satisfying all setback requirements. The subject site consists of two adjoining parcels. Although the proposal complies with the required setbacks as measured from the exterior boundaries of the site, the proposed structure straddles the dividing property line. Prior to the submittal of the land use application, the applicant was advised to proceed with one of the following options in order for the proposal to comply with required zoning and uniform building code setbacks: 1) record a lot line adjustment which eliminates the dividing property line; or 2) record a restrictive covenant which prohibits the sale of the parcels separately. At this time, the applicant has chosen to record a restrictive covenant which includes language that would rescind the covenant in the event a lot line adjustment resulting in one parcel were to be recorded. As documented in the file, the City Attorney and Property Services staff have approved the content and form of the restrictive covenant. As a condition of approval, staff recommends the applicant be required to submit a copy of the recorded document to demonstrate the satisfaction of this requirement prior to the issuance of building permits. Height —The maximum building height permitted in the RM-I zone is 35 feet and 21/2 stories. The project would result in a building height of approximately 30 feet with 2 stories and remains within the height limitations of the zone. Lot Coverage — The RM-I limits the maximum building coverage on a parcel to 35%. Currently, the combined ground floor square footages of the residential and accessory buildings on the site total 113,844 square feet. The proposal would result in an increased ground floor square footage of 115,268 square feet, equal to a 14.9% building coverage of the site. Landscaping—When fronting an arterial street, the RM-I zone requires at least 20 feet of the front setback to be landscaped. In addition, all setback areas are required to be landscaped. The proposal includes enhancements to the existing landscaped areas around the building and would also maintain the existing trees and landscaping within the required setback areas. Parking—The proposed renovations to the leasing center would create additional office area as well as areas dedicated for use by apartment residents. Although the areas designated for use by residents would not generate the need for additional parking spaces, the proposal would be required to provide spaces necessary for the additional office space. The parking regulations require a minimum of 3 to a maximum of 4.5 parking spaces for every 1,000 square feet of area dedicated to office use. Currently, the building contains approximately 327.75 square feet of office space. The renovated building would result in approximately 704 square feet of area dedicated to office use. Based on the net increase of office area over existing conditions (376.25 square feet), the proposal would be required to provide 1 to 1.5 spaces for the additional office area. • City of Renton P/B/PW Department Idministrative Site Plan Approval&Environrr I Review Committee Staff Report AVALON RIDGE APARTMENTS LEASIIry L,ENTER RENOVATIONS LUA-99-127, SA-A,ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 6 of 8 The project includes the creation of 7 new parking spaces, including 1 ADA accessible stall, to be dedicated for use by customers of the leasing center only. The number of spaces proposed is greater than code requirements. However, since there is currently a shortage of spaces for the overall site, the proposed spaces would serve to improve existing site conditions. The proposal does not include the enlargement or remodeling of more than one- third of the residential use of the site, therefore the parking regulations are not applicable to the remainder of the property. The parking regulations also require a minimum length of 20 feet and a minimum width of 9 feet for standard stalls. The aisle width for ninety-degree parking stalls is required to be a minimum of 24 feet. The proposed stalls, including the ADA stall, comply with required stall dimensions. Although the existing private drive along the leasing center area is currently 18 feet in width, the proposal would be required to comply with current code requirements when creating new parking spaces. The applicant will be required to revise the site plan to provide a minimum aisle width of 24 feet for the proposed parking area prior to the issuance of building permits. 3. Mitigation of impacts to surrounding properties and uses; The subject site is fully developed with existing residential buildings, parking areas, recreational buildings, landscaping, and associated improvements. The proposed renovations would not significantly change or increase the current use of the site. The project would also maintain the existing landscaped setbacks along the street frontages, which currently provide sufficient screening of the building from the abutting properties. Therefore, impacts from this project to surrounding properties and uses would be minimal. Furthermore, the proposed renovations to the site would serve to enhance the residential community by improving the appearance of the building as well as providing additional services to residents. Potential short-term noise and traffic impacts would result from the initial construction of the project to adjacent residents. These impacts would be mitigated by the applicant's construction mitigation description, which references proposed work hours of 7:00 am to 5:30 pm. However, the days of the week intended for construction are not indicated in the description. The applicant would be required to comply with existing code provision for allowed hours of construction activities, specifically for weekends. Construction activities are not permitted prior to 9:00 am on Saturdays and no work is permitted on Sundays. 4. Mitigation of impacts of the proposed site plan to the site; The proposal is not expected to adversely impact the site. There are no significant natural or human-made features on the property that would be impacted by the proposal. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). 5. Conservation of area-wide property values; The proposed renovations would allow an existing facility to make desired improvements in its current location. The renovations to the site would serve to enhance the residential community by improving the appearance of the building as well as providing additional services to residents. Therefore, the project is anticipated to conserve, if not improve, property values in the area. I 6. Safety and efficiency of vehicle and pedestrian circulation; The proposal would not generate additional trips to the site and would not alter the existing II vehicle and pedestrian circulation for the residential portions of the property. The project would, however, create additional parking spaces adjacent to the leasing center, which City of Renton P/B/PW Department Idministrative Site Plan Approval&Environrr I Review Committee Staff Report AVALON RIDGE APARTMENTS LEASIlw...ENTER RENOVATIONS LUA-99-127, SA-A,ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 7 of 8 would result in a substandard drive aisle along that portion of the site. As previously discussed, the applicant will be required to revise the site plan to provide a minimum back out distance of 24 feet for the proposed ninety-degree parking stalls. The proposed revisions to the building's entrance, as well as the proposed parking spaces directly adjacent to the building, would improve pedestrian circulation by allowing customers visiting the site to park within a close proximity to the center without having to cross Stevens Avenue SW. 7. Provision of adequate light and air; The proposed renovations would allow for adequate light and air circulation to the building and the site. 8. Mitigation of noise, odors and other harmful or unhealthy conditions; The proposal is not anticipated to create any harmful or unhealthy conditions. Noise and odor impacts in the vicinity would not have a significant increase due to the proposed development. The applicant's Temporary Erosion and Sediment Control Plan (TESCP) and Construction Mitigation Plan would mitigate noise, dust and odors, which may result from the temporary construction of the project. 9. Availability of public services and facilities to accommodate the proposed use; and Existing public services and facilities adequately serve the subject site. The project would not require the extension of services or further improvements. 10. Prevention of neighborhood deterioration and blight. No deterioration or blight is expected to occur as a result of the proposal. XX 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 Administrative Site Plan Approval for the Avalon Ridge Apartments Leasing Center Renovations, Project No. LUA-99- 127, SA-A, ECF. 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 10. 4) Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of Residential Multi-Family Infill (RM-I). 5) Zoning: The Site Plan as presented, complies with the zoning requirements and development standards of the Residential Multi-Family Infill (RM-I) Zoning designation. 6) Existing Land Use: Land uses surrounding the subject site include: North: Single family residential development, zoned R-8; East: Multi-family residential and commercial development, zoned RM-I and CA; South: Multi-family residential development, zoned RM-I, and West: Multi- family residential development, zoned RM-I. • City of Renton P/B/PW Department Idministrative Site Plan Approval&Environrr I Review Committee Staff Report AVALON RIDGE APARTMENTS LEASIlvv..ENTER RENOVATIONS LUA-99-127, SA-A, ECF REPORT AND DECISION OF OCTOBER 5, 1999 Page 8 of 8 E. Conclusions 1) The subject proposal complies with the policies and codes of the City of Renton provided all conditions of approval are satisfied. 2) The proposal complies with the Comprehensive Plan designation of Residential Multi-Family Infill (RM-I); and the Zoning designation of Residential Multi-Family Infill (RM-I). F. Decision The Site Plan for the Avalon Ridge Apartments Leasing Center Renovations, File No. LUA-99- 127, SA-A, ECF, is approved subject to the following conditions. 1. The applicant shall submit a copy of the recorded restrictive covenant prohibiting the sale of the two adjoining Avalon Ridge Apartment parcels separately. This will be required prior to the issuance of building permits. 2. The applicant shall submit a revised picnic area detail plan for both areas prior to the issuance of building permits. In addition to locations, the plan will need to indicate the sizes and dimensions of the proposed picnic tables and barbecue pit as well as specify that the "play area" will include play equipment for children. The satisfaction of this requirement will be subject to the review and approval of the Development Services Division. 3. The applicant shall complete the installation and improvements of both picnic areas prior to the issuance of a Certificate of Occupancy for the Leasing Center building. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: SIGNATURES: 0 di 1.4 /1-y 6a4A6 H-44-1wAi "Jana Hanson,Zoning Administrator date TRANSMITTED this 11th day of October, 1999 to the applicant and owner: Steve Doughty AvalonBay Communities, Inc. 11808 Northup Way, Suite W311 Bellevue,WA 98005 TRANSMITTED this 11th day of October, 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 Environmental Determination and Land Use Decision Appeal Process Appeals of 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 October 25, 1999. 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. 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O M1R l•]51 Y 11 W p ryn6j(i:ilm v° Mt I.1J1 4 Ow,[s,rcn[ r•m[. O UriaT — OWindow Types SCALE: I/4- • I'-C• s..n.a A2. 3 CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the day of , 1999, I deposited in the mails of the United States, a sealed envelope containin ejvc d Cre-I�n 1 vdi ri 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) 5 LAGLtgl. • S-e-e_ei - STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that '-9, -,Xr.rUa_ f ��4 cP 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: ( ) ) . J a , l ieic '77 (t, �,.� - p•:�„�•��: Notary Public in a d for the State of Washington MARILYN ItAMGHEFF NOTARY PUBLIC Notary (MARILYN KAMCMFFF STATE OF WASHINGTON My appolWrAP eISrT FXPIRE-S 6.29-03 COMMISSION EXPIRES JUNE 29, 2003 Prof ct'Name " `�' T I N&_14r 1ie.. Project Number: LUf\ , q I2+� /, , NOTARY.DOC CIT% OF RENTON NA N Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 7, 1999 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC)on October 5, 1999: DETERMINATION OF NON-SIGNIFICANCE-MITIGATED AVALON RIDGE APARTMENTS LEASING CENTER LUA-99-127,SA-A,ECF The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. Location: 510 Stevens Avenue SW. Appeals of 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 October 25, 1999. 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 from the Renton City Clerk's Office, (425)430-6510. If you have questions, please call me at(425)430-7270. For the Environmental Review Committee, Z(fil/(A9 /7;0') Lesley Nishihira 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 Duwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) Joe Jainga, Puget Sound Energy agencyltr\ 1055 South Grady Way -Renton, Washington 98055 as_. '' CITY iF RENTON .L "„ Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 7, 1999 Mr. Walter Braun Avalon Bay Communities, Inc. 11808 Northup Way, Suite W311 Bellevue, WA 98005 SUBJECT: Avalon Ridge Leasing Center Project No. LAU-99-127,SA-A,ECF Dear Mr. Braun: 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 October 5, 1999, issued a threshold Determination of Non-Significance-Mitigated with Mitigation Measures. See the enclosed Mitigation Measures document. The Site Plan is approved with conditions in accordance with the City of Renton Report & Decision dated October 5, 1999. Appeals of 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 October 25, 1999. 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 4-8-11B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. 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)430-7270. For the Environmental Review Committee, )(zilti /j/7�� Lesley Nishihira Project Manager Enclosure dnsmltr 1055 South Grady Way-Renton, Washington 98055 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES & CONDITIONS APPLICATION NO(S): LUA-99-127,SA-A,ECF APPLICANT: AvalonBay Communities, Inc. PROJECT NAME: Avalon Ridge Apartments Leasing Center Renovations DESCRIPTION OF PROPOSAL: The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. LOCATION OF PROPOSAL: 510 Stevens Avenue SW MITIGATION MEASURES: 1. The applicant shall pay the applicable Fire Mitigation Fee at the rate of$0.52 per square foot of new construction. The Fire Mitigation Fee is payable prior to the issuance of building permits. The Site Plan for the Avalon Ridge Apartments Leasing Center Renovations, File No. LUA-99-127, SA-A, ECF, is approved subject to the following conditions. 1. The applicant shall submit a copy of the recorded restrictive covenant prohibiting the sale of the two adjoining Avalon Ridge Apartment parcels separately. This will be required prior to the issuance of building permits. 2. The applicant shall submit a revised picnic area detail plan for both areas prior to the issuance of building permits. In addition to locations, the plan will need to indicate the sizes and dimensions of the proposed picnic tables and barbecue pit as well as specify that the"play area"will include play equipment for children. The satisfaction of this requirement will be subject to the review and approval of the Development Services Division. 3. The applicant shall complete the installation and improvements of both picnic areas prior to the issuance of a Certificate of Occupancy for the Leasing Center building. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-99-127,SA-A,ECF APPLICANT: AvalonBay Communities, Inc. PROJECT NAME: Avalon Ridge Apartments Leasing Center Renovations DESCRIPTION OF PROPOSAL: The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. LOCATION OF PROPOSAL: 510 Stevens Avenue SW 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. Parks 1. All landscaped areas outside property lines are required to be maintained by the property owner/developer. Planning 1. Pursuant to RMC section 4-4-080F9b, the aisle width for ninety-degree stalls is required to be a minimum of 24 feet in width. A revised site plan will be required prior to the issuance of building permits. 2. Construction activity within residential areas is limited to the hours of 7:00 am through 8:00 pm Monday through Friday, and 9:00 am through 8:00 pm Saturday (RMC section 4-4-030C3). CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-99-127,SA-A,ECF APPLICANT: AvalonBay Communities, Inc. PROJECT NAME: Avalon Ridge Apartments Leasing Center Renovations DESCRIPTION OF PROPOSAL: The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. LOCATION OF PROPOSAL: 510 Stevens Avenue SW 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 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of 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 October 25, 1999. 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 from the Renton City Clerk's Office, (425)430-6510. PUBLICATION DATE: October 11, 1999 DATE OF DECISION: October 5, 1999 SIGNATURES: i errefan, /�!' o1 r /o/5/r7 reg A mistratorDATE De artmena in /Buildin /Public Works P 9 in' -e__.tk g/Building/Public _. / OE/09 J Shepher d inistrator DAT Community Services „/,/ ,, 70— c1y/' Lee a ler, Fire Chief DATE Renton Fire Department j dnsmsig 1, CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES & CONDITIONS APPLICATION NO(S): LUA-99-127,SA-A,ECF APPLICANT: AvalonBay Communities, Inc. PROJECT NAME: Avalon Ridge Apartments Leasing Center Renovations DESCRIPTION OF PROPOSAL: The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the �. existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. LOCATION OF PROPOSAL: 510 Stevens Avenue SW MITIGATION MEASURES: 1. The applicant shall pay the applicable Fire Mitigation Fee at the rate of$0.52 per square foot of new construction. The Fire Mitigation Fee is payable prior to the issuance of building permits. The Site Plan for the Avalon Ridge Apartments Leasing Center Renovations, File No. LUA-99-127, SA-A, ECF, is approved subject to the following conditions. 1. The applicant shall submit a copy of the recorded restrictive covenant prohibiting the sale of the two adjoining Avalon Ridge Apartment parcels separately. This will be required prior to the issuance of building permits. 2. The applicant shall submit a revised picnic area detail plan for both areas prior to the issuance of building permits. In addition to locations, the plan will need to indicate the sizes and dimensions of the proposed picnic tables and barbecue pit as well as specify that the"play area"will include play equipment for children. The satisfaction of this requirement will be subject to the review and approval of the Development Services Division. 3. The applicant shall complete the installation and improvements of both picnic areas prior to the issuance of a Certificate of Occupancy for the Leasing Center building. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-99-127,SA-A,ECF APPLICANT: AvalonBay Communities, Inc. PROJECT NAME: Avalon Ridge Apartments Leasing Center Renovations DESCRIPTION OF PROPOSAL: The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 square foot first floor addition, a 364 square foot reduction to the second floor, the creation of seven new parking spaces, new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. LOCATION OF PROPOSAL: 510 Stevens Avenue SW 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. Parks 1. All landscaped areas outside property lines are required to be maintained by the property owner/developer. Planning 1. Pursuant to RMC section 4-4-080F9b, the aisle width for ninety-degree stalls is required to be a minimum of 24 feet in width. A revised site plan will be required prior to the issuance of building permits. 2. Construction activity within residential areas is limited to the hours of 7:00 am through 8:00 pm Monday through Friday, and 9:00 am through 8:00 pm Saturday(RMC section 4-4-030C3). )1° NOTICE OF ENVIRONMENTAL C T w, DETERMINATION AFFIDAVIT 1 OF UBLICATION ENVIRONMENTAL WASHI REVIEW GTONMITTEE The Environmental Review Committee (ERC) has issued a Determination of Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the Non-Significance-Mitigated for the fol- lowing project under the authority of the SOUTH COUNTY JOURNAL, RentonALRIDGEE) . AVALON LEASING CENTER LUA-99-127,SA-A,ECF 600 S. Washington Avenue, Kent, Washington 98032 Proposal for renovation of existing leasing center. Location: 510 Stevens Ave.SW. Appeals of either the environmental deter- a daily newspaper published seven (7)times a week. Said newspaper is a legal mination [RCW 43.21.0075(3), WAC 197- newspaper of general publication and is now and has been for more than six months 11-680]and/or the land use decision must be filed in writing on or before 5:00 PM prior to the date of publication, referred to, printed and published in the English language October 25, 1999. If no appeals are filed continually as a daily newspaper in Kent, King County, Washington. The South County by this date,both actions will become final. Journal has been approved as a legal newspaper order of the Superior Court of the Appeals must be filed in writing together PP 9by p with the required $75.00 application fee State of Washington for King County. with: Hearing Examiner, City of Renton, The notice in the exact form attached, was published in the South County 1055 South Grady Way, Renton, WA 98055gov- Journal not in supplemental form)which was regularly distributed to the subscribers erredCity Appeals to the ExaminerMuiiare ode (andPP 9 Y erred by City of Renton Municipal Code during the below stated period. The annexed notice, a Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Avalon Ridge Leasing Center Office,(425)430-6510. Publication Date:October 11,1999 hed in the as published on: 10/11/99 Occtober 1,1999. 698uth County Journal The full amount of the fee charged for said foregoing publication is the sum of$43.13, charged to Acct. No. 8051067. Legal Number 6698 >d egad erk, S th Coun y oumal /�,, Subscribed a swabbefore me of Xhis � ay of Or,- , 19 `7�1 y E• Nlyy''�' 1/ �T * ......... '• G/��!✓ ;•moo eJ;; Notary Public of the State of Washington N •OTARY residing in Renton —e— = King County, Washington ••r, 6//n'\G N• ? NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee (ERC) has issued a Determination of Non-Significance - Mitigated for the following project under the authority of the Renton Municipal Code. AVALON RIDGE LEASING CENTER LUA-99-127,SA-A,ECF Proposal for renovation of existing leasing center. Location: 510 Stevens Ave. SW. Appeals of 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 October 25, 1999. 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 from the Renton City Clerk's Office, (425)430-6510. Publication Date: October 11, 1999 Account No. 51067 dnsmpub.dot • 1 NOT-ICE . 1 . , ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME AVALON RIDGE LEASING CENTER RENOVATION PROJECT NUMBER: LUA-99-127,SA-A,ECF The applicant is proposing the renovation of the existing leasing center at the Avalon Ridge Apartments The proposal includes a 1,424 square foot first floor addition,a 364 square foot reduction to the second ll floor,the creation of seven new parking spaces,new access to the building and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental(SEPA)Review and Administrative Site Plan Approval.Location:510 Stevens Avenue SW. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. 1 Appeals of 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 October 25,1999.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 10 the Examiner are governed by City of Renton Municipal Code Section 4-8-1113.Additional Information regarding the appeal process may be obtained from the Renton City Clerk's Office,(425)430-8510 (Y s rt 4 � t 4y dlL ;01 � F i , / 1 .I. el..4 ,i r '. %! . ,. ` . j :lam - ':; `, ; + i ' a'f ,,,.-,,..',.",7-op 0,:r.v-- . \ 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 the project NUMBER when calling for proper file identification. i. CERTIFICATION i I, ci C, =,1'2C'cM , hereby certify that 3 copies of the above l document were posted by me in 3 conspicuous places on or nearby the described property on 06 - -. 1 1 1'i . Signed: _____ ATTEST: Subcribed and sworn before me, a Nortary Pubiic, in for the State of Washington residing in ., , on the /3 ti, day of fir),a/ t C 4 C . MARILYN KAMCHEFF '7'7) .4.)-(;/- NOTARY PUBLIC ' ¢ , STATE OF WASHINGTON (''c' COMMISSION EXPIRES aitheitiOHEFF JUNE 20, 2003 MY AFiPOIIdIINT EXPIRES:6-2903 ;,I �I City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Lf O1A0LVt L [9,tJC&py'i' MMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14, 1999 APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesley Nishihira PROJECT TITLE: Avalon Ridge Leasing Center WORK ORDER NO: 78577 LOCATION: 510 Stevens Avenue SW SITE AREA: 17 acres I BUILDING AREA(gross): 5,355 sq.ft. SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 sq.ft. first floor addition, a 364 sq.ft. reduction to the second floor, the creation of seven new parking spaces, new access to the building., and additional landscape improvements. The project will require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the 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/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS Akcool er C. CODE-RELATED COMMENTS 1 1 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 addif tion is needed to properly assess this proposal. Signatur of erector or thonzed Representative Dat1)79c routing Rev.10/93 r City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:S� 1 COMMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14, 1999 APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesley Nishihira err,'OF r- • PROJECT TITLE: Avalong Ridge Leasing Center WORK ORDER NO: 78577 LOCATION: 510 Stevens Avenue SW SAP SITE AREA: 17 acres BUILDING AREA(grossZ: 5,355 sr*ILLlag j Li vlbioN SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 sq.ft. first floor addition, a 364 sq.ft. reduction to the second floor, the creation of seven new parking spaces, new access to the building, and additional landscape improvements. The project will require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the 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/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 11/o iAlpticrs B. POLICY-RELATED 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 additional information is needed to properly assess this proposal. Si a e of Director or Authorized Representative Date routing Rev.10/93 I " City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: -T1 COMMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14, 1999 APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesley Nishihira Cl7.rOe r PROJECT TITLE: Avalong Ridge Leasing Center _ WORK ORDER NO: 78577 LOCATION: 510 Stevens Avenue SW SFP i 579* SITE AREA: 17 acres BUILDING AREA(gross): 5,355 scatiii. VII. SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing centerraKlMAjftn Ridge Apartments. The proposal includes a 1,424 sq.ft. first floor addition, a 364 sq.ft. reduction to the second fiool`,'tie creation of seven new parking spaces, new access to the building, and additional landscape improvements. The project will require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the 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/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation t Airport Environment 10,000 Feet 14,000 Feet No //1)/3CTS Nv/S-L B. POLICY-RELATED COMMENTS \)c) ib1GveA.0 �ii OnIGS a (io 4 -ticlpuffed IyGL"aee /N Iv1p C/ebfCVC(T/0k1 oc, /Jo 2Voli vi1T,yu-(iOvt --C-e-e ,relNt✓eD( t C. CODE-RELATED COMMENTS i 1 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. / Sig a e of Director or Authorized Representative Date/ routing Rev.10/93 • City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r &l1 \2-L--4,e(..t_.-) "(,vim V COMMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14,(Itli9 APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesley Nishihira n,,0A. PROJECT TITLE: Avalong Ridge Leasing Center WORK ORDER NO: 78577,E `�& crt?, LOCATION: 510 Stevens Avenue SW ��N4 � ^ ' SITE AREA: 17 acres I BUILDING AREA(gross): 5,355 sq.ft.(44, /`99C- /` SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing cert y t the Avalon Ridge Apartments. The proposal Includes a 1,424 sq.ft. first floor addition, a 364 sq.ft. reduction to the s rid floor, the creation of seven new parking spaces, new access to the building, and additional landscape improvements. The project will require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the 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/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet NO /,y,pACTS /l/oT Z • B. POLICY-RELATED COMMENTS 4,a1131252- 11 I C. CODE-RELATED COMMENTS f 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. -K `, Vo 0/9 q Sig�ha a of Director or Authorized Representative Date routing Rev.10/93 r City of Renton Department of Planning/Building/Public works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: R.{.e_ \-)�.eut,, ,--io-v, _COMMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14, 1999 APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesley Nishihira PROJECT TITLE: Avalong Ridge Leasing Center WORK ORDER NO: 78577 -GpN FIRE DEPT ' LOCATION: 510 Stevens Avenue SW FIRE opr "' `ran SITE AREA: 17 acres 1 BUILDING AREA(gross): 5,355 sq.ft. SEP 1 4 1999 SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 sq.ft. first floor addition, a 364 sq.ft. reduction to the speonV fl iU 1e creation of seven new parking spaces, new access to the building, and additional landscape improvements. The project will require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the 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/Shoreline Use Utilities • Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet V 14,000 Feet O -✓µe 4 L t5 /V0 t ( B. POLICY-RELATED COMMENTS yf C. CODE-RELATED COMMENTS O(/J/4de../ Of)YYI✓s-t e 4/5 I We have re iewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whe additional information is n::ded to properly assess this proposal. I:, / 2 i5 9y fh res= tative Date Sigr�at of erec tor or Au o rized Re p routing Rev.10/93 T Y �. O CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM DATE: September 15, 1999 TO: Lesley Nishihara, Planner FROM: Jim Gray, Assistant Fire Marshal: 4 1 SUBJECT: Avalon Ridge Apt. Renovations, 51 Stevens Av. SW Fire Department Comments: 551.�� 1. A fire mitigation fee of $299.c2 for the Leasing Center and $27.04 for the Recreation Building is required based on $.52 per square foot of the new building additions. Please feel free to contact me if you have any questions. i" PRoPOSW • i,4-al- addiham -I- v l51- -c'lovr)( • 3104 Q-f VC -64a 0+ 2^d - 1,edY $PcS) ul---> I, Dl¢ 0 fN r 1 NCRUSE City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ejp0.51 ruck1CN Se kitcea COMMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14, 1999 APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesley Nishihira PROJECT TITLE: Avalong Ridge Leasing Center WORK ORDER NO: 78577 LOCATION: 510 Stevens Avenue SW C/71'Or ^+� SITE AREA: 17 acres I BUILDING AREA(gross): 5,355 sq.ft. SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing cenQ1ePat*ha Avalon Ridge Apartments. The proposal includes a 1,424 sq.ft. fi rst floor addition, a 364 sq.ft. reducti to the second flocir„ the creation of seven new parking spaces, new access to the building, and additional landscape i ents. The project will require the removal of the existing pool. Other on-site recreational amenities are included wit Ipspt3� The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. IJj�A4 A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the 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/Shoreline Use Utilities Animals Transportation Environmental Health _ Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS /0 C 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. G Signature of Director or Authorized Representative Date routing Rev.10/93 r City of Kenton Department of Planning/Building/Public works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: d '1,4.S COMMENTS DUE: SEPTEMBER 28, 1999 APPLICATION NO: LUA-99-127,SA-A,ECF DATE CIRCULATED: SEPTEMBER 14, 1999 c APPLICANT: Avalon Bay Communities, Inc. PROJECT MANAGER: Lesle Nishihira s , a•1 PROJECT TITLE: Avalong Ridge Leasing Center WORK ORDER NO: 78577 V ``ON LOCATION: 510 Stevens Avenue SW SITE AREA: 17 acres I BUILDING AREA(gross): 5,355 sq.ft. �S ''C Yp� SUMMARY OF PROPOSAL:The applicant is proposing the remodel and addition to existing leasing cente e Avalon Ridge Apartments. The proposal includes a 1,424 sq.ft. first floor addition, a 364 sq.ft. reduction to the second floor, the creation of seven new parking spaces, new access to the building, and additional landscape improvements. The project will require the removal of the existing pool. Other on-site recreational amenities are included with the proposal. The proposal requires Environmental (SEPA) Review and Administrative Site Plan Approval. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the 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/Shoreline Use Utilities Animals Transportation Environmental Health Public Services , Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet \Al2„(..),_ 6b L �44 B. POLICY-RELATED COMMENTS 1 1.-L y" ____, a(j Of 0/1"C60 (74- C(-1L$)1 (-€.0,-16767-"! il /I?GGiv0 4 d JCUa."rl e G 0/6, 'ek a, 4ve C. CODE-RELATED COMMENTS , 4_.) Af-i/60 'L(/t' GIiZ'(-. 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 wher$- dditional inform ti ' needed to properly assess this proposal. -L t seL/V/ ` —^''� Date/Vi Signature of irecfor or Auth rized Reprentative routing Rev.10/93 CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site PROJECT NAME: A VG..1t)ul Ri ��t APPLICATION NO: L_U A • 9 9 • 121 S lG -�_.;�,;� ` A ;Ccr The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER p � C�oq�Fier �cN l�,,• C 0._'tt -Le"a :s q�G 1/4# /jo�� (Attach additional sheets, if necessary) , (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER JULIE ATE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 94-2003 Applicant Certification I, �ct v Kr L i',1 9 , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: EKCity of Renton Technical Services Records o Title Company Records O King County Assessors Records Signed "l - 9. — Date ,VZ�P,' (A pli6ant) NOTARY ATTESTED: Su cribed and sworn before me, a Notary Public, in and for the State of Washington, residing at I,lev e, on the 0254, day of f1i o t" , 1979 . Signed (Notary Public) *"*"`For City of Renton Use**** CERTIFICATION OF MAILING I, CitidalL -e c:f hereby certify that notices of the proposed application were mailed to (City Employee) each listed property owner on `7/ 15 r`1r1 Signed C riti.IALD-1/( IL -c,•;= ,t— Date: 9iii ) 1 11 NOTARY ATTEST: Subscribed and sworn before me, a Notary Publi , in and for the State of Washington residing at' fj�,,,,v4-9,. •,< on the 3O'f day of T- 196r.). Signed `` )'}') r�-vui A Ii AR�LYN KAMCHCIT listprop.doc 4 NOTAR Y PUBLIC r REV°71MARILYN KAMCHEFF 1 STATE OF WASHINGTON MY APPOINTMENT EXPIRES:6-29-03 2 ! CON;?,FISSION EXPIRES 1 :JUNE 29, 2003 p-1 —, tea _� 4 • • #*#**####*********#**#*#**##*#*###**##4*44*####*##3014**###########*#**#***44*###� * BATCH NUMBER: BQ COMMENTS * CUSTOMER NAME AVALONBAY COMMUNI # $ ************** **********************i*******f********#************************k 132304-9010-03 132304-9010-03 QUARRY INDUSTRIAL PARK LLC 882871 QUARRY INDUSTRIAL PARK LLC 882871 9125 10TH AVE S 9125 10TH AVE S SEATTLE WA 98108 SEATTLE WA 98108 132304-9020-01 132304-9020-01 BURLINGTON NORTHRN SANTA FE715175 BURLINGTON NORTHRN SANTA FE715175 TAX DEPT TAX DEPT 1700 E GOLF RD 4400 1700 E GOLF RD „400 SCHAUMBURG IL -,. 60173 SCHAUMBURG IL 60173 132304-9086-02 132304-9086-02 RLACKRIVER-RIVERTECH L L C 779999 BLACKRIVER-RIVERTECH L L C 779999 1 700 FIFTH AVE STE 6000 700 FIFTH AVE STE 6000 SFATTIF WA 4A1 C14 SFATTt F WA 98104 BLACKRIVER-RIVERTECH L L C 779999 BLACKRIVER-RIVERTECH L L C 779999 ' • 700 'FIFTH AVE STE 6000 700 FIFTH AV STE 6000 SEATTLE WA 98104 SEATTLE WA 98104 182305-9036-07 182305-9036-07 WBW L L C 889999 WBW L L C 889999 2809 173RD CT NE 2809 173RD CT NE REDMOND WA 98052 REDMOND WA 98052 182305-9038-05 182305-9038-05 BRIDGE ROBERT 805002 BRIDGE ROBERT 805002 08A KCB CO DEA KCB CO PO BOX 1055 PO BOX 1055 RENTON WA 98057 RENTON WA 98057 182305-9053-05 182305-9053-05 PLUM TREE PARK/PROPERTY TAX789999 PLUM TREE PARK/PROPERTY TAX789999 P O BOX A 3879 P O BOX A 3879 CHICAGO IL 60690 CHICAGO IL 60690 182305-9165-00 182305-9165-00 OZBOLT SLAVO P+LUCY M 0N1504 OZ9fLT SLAVO P+LUCY M 0N1504 430 MAPLE AVE SW 430 MAPLE AVE SW RENTON WA 98055 RENTON WA 98055 182305-9244-05 182305-9244-05 SCHNEIDER HOMES INC 709999 SCHNEIDER HOMES INC 709999 6510 SOUTHCENTER BLVD k1 6510 SOUTHCENTER BLVD 01 TUKWILA WA 98188 TUKWILA WA 98188 I 182305-9247-02 182305-9247-02 RADOVICH JOHN C+CAROL D 719999 RADOVICH JOHN C+CAROL 0 719999 2000 124TH VB103 2000 124TH 1:9103 BELLEVUE WA 98005 BELLEVUE WA 98005 132305-9250-06 182305-9250-06 3NSF RAILROAD 820078 BNSF RAILROAD 82007E 41 PROPERTY TAX DEPARTMENT PROPERTY TAX DEPARTMENT 1700 E GOLF RD 4TH FLOOR 1700 E GOLF RD 4TH FLOOR SCHAUMQURG IL 60173 SCHAUMBURG IL 60173 e 182305-9251-05 182305-9251-05 COLLINS L L C 750023 COLLINS L L C 750023 1 ATTN: WOO HOKWAI ATTN: WOO HOKWAI 3702 AUBURN WAY S 11B-102 3702 AUBURN WAY S 0B-102 AUBURN WA 98092 AUBURN WA 98092 $ 132305-9252-04 - 182305-9252-04 RADOVICH JOHN C+CAROL D 719999 RADOVICH JOHN C+CAROL 0 719999 2000 124TH VB103 2000 124TH 00103 BELLEVUE WA 98005 BELLEVUE WA 98005 41 182305-9253-03 182305-9253-03 RENTON SCHOOL DISTRICT 114037N9800 PENTON SCHOOL DISTRICT t4037N9800 41 435 MAIN AVE SOUTH 435 MAIN AVE SOUTH RENTON WA 98055 RENTON WA 98055 1 POLACK PROPERTIES 049999 POLACK PROPERTIES (710/9V9 L. • PC BOX 3065 PO BOX 3065 1;•114 SEATTLE WA 98114 i SEATTLE WA 98114 . _ 182305-92i0-02 , 182305-9270 02 WBW L L C 869999 „;, WBW L L C 869999 1, 2809 173RD CT NE :,; 2809 173RD CT •NE REDMOND WA 98052 REDMOND WA 98052 e7 192305--9281-09 182305-9281-09 RADOVICH JOHN C+CAROL 0 719999 RADOVICH JOHN C+CAROL 0 719999 ';' 2000 124TH 18103 :3r 2000 124TH :8103 BELLEVUE WA 98005 ,'- BELLEVUE WA 98005 a; 1 182305-9283-07 t 182305-9283-07 Af,: RADOVICH JOHN C C CAROL 0 779800 ; . RADOVICH JOHN C E CAROL 0 779800 2000 124TH 118103 ,-.1 2000 124TH 118103 BELLEVUE WA 98005 BELLEVUE WA 98005 ,4 1 77-177.7-77---7.----7-- --•.-7-x-----;7_,;t.:-/_.Z....-.4.:......rt Al.._,.—...-.%,..a.a.,_-? ___-"• 7=...., .__ , *0_...__f.U.Z.V....2,..,_:.,22z,•.._. , :- 2 ai7 6.40 05b 4 1-- 214370-0005-04 COLLIER ROBERT E C PHYLLIS 8N9800 H COLLIER ROBERT E & PHYLLIS 8N9800 360 STEVENS AVE SW : , 360 STEVENS AVE SW RENTON WA 98055 RENTON WA 98055 214370-0010-07 214370-6016-07 CITY OF RENTON 701132 _:.1 CITY OF RENTON 701132 200 MILL AVE S 200 MILL AVE S RENTON WA 98055 .:21 RENTON WA 98055 . . 0 214370-6611-06 214370-0011-06 ZAPUTIL RUDOLPH R0777 i:,=.1j ZAPUTIL RUDOLPH R0777 4 420 LIND AVE SW 420 LIND AVE SW RFNTON WA 98055 4 RFNTON WA 98055 4 , ---- ---- - - - - - -- -- .==- -2-_..=-;-.1--2.ji.L-73. -L17.c1-7. . = ' .71=..1;.--..._ 7 .:- . ..L.--7 77=Z.--•=_Ir-_ ="..=-2.:..7-211..:. ..::7:.=:::_7.._-•• 214370-0012-05 2143-76:6-aii __" -05 MATHEWSON H F ,..,. MATHEWSON H F 1 425 MAPLE AVE S W , 425 MAPLE AVE S W , RENTON WA 98055 :;'' RENTON WA 98055 , -E 41 ,•4 214370-0030-03 214370-0030-03 ZAPUTIL RUDOLPH R0777 .1, ZAPUTIL RUOCLPH R0777 11 420 LIND AVE SW 420 LIND AVE SW . , RENTON WA 98055 : RENTON WA 98055 214376=0040-01 214370-0040-01 NIEMCZYK WALTER J ,. NIEMCZYK WALTER J 41 7221 S 135TH -. 7221 S 135TH SEATTLE WA 98178 .': SEATTLE WA 98178 --. -- , :.- - _ 214370-0046-05 -. 21434-6-60-46-05 RCBISON JAMES L 162879 - RoeisoN JAMES L 162879 I 9670 RAINIER AVE S 9670 RAINIER AVE S SEATTLE WA 98119 SEATTLE WA 98118 214370-0046-05 g214370-0046-05 ROBISON JAMES L 0162879 q ROBISON ONIJAPRL AVE S 162879 9670 RAINIER AVE S 4 96 70 yi SEATTLE WA 98118 ' SEATTLE WA 98118 , T 214370-005 -03 214370-0055-03 cr MATHEWSON HARRY MATHEWSON HARRY + 425 MAPLE AVE SW f - 425 MAPLE AVE SW s, 98055 RENTON WA 98055 1; RENTON WA [i _-_,-�14370-0861-07:_... 1 - ass i::b. - ref < 214370-~0861-07 2 THARP JOHN J 919999 THARP JOHN J 919999 359 THOMAS AVE SW •359 THOMAS AVE SW 98055 ro RENTON WA 98055 RENTON WA 214370-0930-04 } ��214370-0930-04 . 2N1815 2N1815 °` .MOELLER MICHAELH MOELLER MICHAEL H �e:: � TORKELSON EDWARO -R . TORKELSON F_DWARO R ''�10908 RAINIER AVE S 10908 RAINIER AVE S 98178 SEATTLE WA 98178 SEATTLE WAL' 21437C-0986-07 214370-098647 LEE KRISTIENE ANN+JOHN M 419999 LEE2 KRISW STIENEH PL ANN+JOHN M 419999 832 SW 4TH PL 8RENTON WA 98055 RENTCN WA 98055 214370-1000-07 214370-1000-07 ,, JH FAMILY TRUST THE 879999 JH FAMILY TRUST THE 879999 t. ,, 808 SW 4TH PL 808 SW 4TH PL RENTON WA 98055 RENTON WA 98055 _ _— . 214370-1010-05 214370-1010-05 JH FAMILY TRUST THE 879999 JH FAMILY TRUST THE 879999 808 SW 4TH PL POP SW 4TH PL 98055 RENTON WA 9805E RENTON WA 214370-1016-09 214370-1016-09 789999 LONG STEVEN W 789999 LONG STEVEN W 21814 PACIFIC HWY S C79 21814 PACIFIC HWY S 079 98198 DES MOINES WA 98198 DES MOINES WA - - —.. �214370-1021-02 J 214370-1021-02 879999 �- JH FAMILY TRUST THE 879999 JH FAMILY TRUST THE 808 SW 4TH PL PO8 SW 4TH PL 98055 RENTON WA 98055 RENTON WA i _437 214370-1030-01 214370-1030- RflSiRON MARY C 00576 BOWRON MARY C 0057b 800 SW 4TH PL 800 SW 4TH PL 98055 RENTON WA 98055 RENTON WA / 214370-1035-06 214370-1035-06 ECHON FLORENDA L S ELSON E 002291 ECHON FLORENDA L C ELSON E 002291 358 MAROC CT LIGUAN TERRACE 35P NARDO CT LIGUAN TERRACE DEDEDO GUAM 96912 DEDEDC GUAM 969124 1 • 214370-1310-02 214370-1310-02 f FABRE ALFRED E )29999 F, FABRE ALFREr - 629999 438 SW 4TH PL 438 SW 4TH 1 4 RENTON WA 98055 k RENTON WA 98055 G;.•. 214370-1315-07 t�r 214370-1315-07 I FLEMING CHERYL D 811402 F. FLEMING CHERYL 0 811402 r 430 SW 4TH PL14 p 430 SW 4TH PL RENTON WA 98055 RENTON WA 98055 .. _.. _ __ _. __.__. ._._.._.�.... .. .._- �_--- ---• - ems. -- . 214370-1325-05 214370-1325-05 PURCELL JAMES S 419999 PURCELL JAMES S 419999 423 LIND AVE SW 423 LIND AVE SW RENTON WA 98031 RENTON WA 98031 1 214370-1350-03 214370-1350-03 SIMON MICHAEL 0 039999 SIMON MICHAEL 0 039999 420 SW SUNSET BLVD 420 SW SUNSET BLVD RENTON WA 93055 RENTGN WA 98055 1 214370-1360-01 214370-1360-01 HANNAH GEORGE+LOUISE M 649999 HANNAH GEORGE+LOUISE M 649999 345 LIND AVE SW 345 LIND AVE SW RENTON WA 98055 RENTON WA 98055 214370-1385-02 214370-1385-02 HOLLANDSWORTH NATHANIEL B R1274 HOLLANDSWORTH NATHANIEL 8 R1274 431 MAPLE SW 431 MAPLE SW RENTON WA 98055 'RENTON WA 98055 =Ta__.._ ___=..._=_ 214370-1390-05 214370-1390-05 WAY BACK INN - SW 4TH PL 959999 WAY BACK INN - SW 4TH PL 959999 SHANE MICHAEK C DELLA SHANE MICHAEK f DELLA 513 CEDAR AVE S 513 CEDAR AVE S RENTON WA 98055 RENTON WA 98055 -__ -- -- _y .>-. 214370-1395-00 214370-1395-00 TAYLOR WILLIAM F+INEZ E 629999 TAYLOR WILLIAM F+INEZ E 629999 1 316 SW 4TH PL 316 SW 4TH PL11 RENTON WA 98055 RENTON WA 98055 214370-1400-03 214370-1400-03 NGUYEN LIEN T+OANH K 739999 NGUYEN LIEN T+OANH K 739999 311 RENTON AVE S 311 RENTON AVE S RENTON WA 98055 RENTON WA 98055 o 214370-1410-01 214370-1410-01 MCGERRY MICHAEL FRANK 529999 MCGERRY MICHAEL FRANK 529999 L- 412 SW 4TH PLACE 412 SW 4TH PLACE RENTON WA 98055 RENTON WA 98055 214370-1415-06 214370-1415-06 ANDERSON STEPHEN M 749999 ANDERSON STEPHEN M 749999 461 MAPLE AVE SW 461 MAPLE AVE SW , RENTON WA 98055 RENTON WA 98055 214370-1550-01 214370-1550-01 WILSON ALFREOA D+DAHAN FE' —779999 ''r': WILSON ALFR 1 D+DAHAN FELY779999 24109 62ND WAY S C105 ° j 24109 62N0 ' S C105 KENT WA 98031 1 KENT WA 98031 214370-1710-08 r 214370-1710-08 MELYAN GAINES W+DENISE 769999 MELYAN GAINES H+DENISE 769999 617 SW 4TH PL :.' 617 SW 4TH PL RENTON WA 96055 RENTON WA 98055 ... -_ � 1 .. r.-. .. .. �. 214370- 720 06 F��- 214370-1720-06 KAPPENMAN BRETT A+PLOTNER,C109999 is KAPPENMAN BRETT A+PLOTNER,C109999 625 SW 4TH PL 1 625 SW 4TH PL RENTON WA 98055 --r'': RENTON WA 98055 .- - - - .. _ci —.~"1.'�....it �' ti..•s._.—_ _-..v. ii: __ ___—__ —_ —--.r-- ._.i'.:. 214370-1730-04 214370-1730-04 . MATTHAI E H 511927 MATTHAI E H 511927 701 SW SUNSET BLVD :, 701 SW SUNSET BLVD RENTON WA 98055 i RENTON WA 98055 . 214370-1815-02 214370-1815-02 GOEHRINGER GARY K 639999 '.: GOEHRINGER GARY K 639999 709 SW SUNSET 709 SW SUNSET • RENTON WA 98055 RENTON WA 98055 214370-1825-00 214370-1825-00 CITY OF RENTON 260691 CITY OF RENTON 260691 CITY HALL CITY HALL 200 MILL AVE S 200 MILL AVE S RENTON WA 98055 RENTON WA 98055 214370-1830—C3 .-,j 214370-1830-03 FOLMAR EVELYN & ELLIS 462771 ' FOLMAR EVELYN & ELLIS 462771 19305 127TH AVE NE 19305 127TH AVE NE BOTHELL WA 98011 BOTHELL WA 98011 214370-1835-08 214370-1835-08 FOLMAR EVELYN C ELLIS 462771 '' FOLMAR EVELYN & ELLIS 462771 . 19305 127TH AVE NE rl 19305 127TH AVE NE BOTHELL WA 98011 BOTHELL WA 98011 - Ii - 214370-1840-01 214370-1840-01 FOLMAR EVELYN C ELLIS 462771 FOLMAR EVELYN C ELLIS 462771 19305 127TH AVE NE 19305 127TH AVE NE BOTHELL WA 98011 BOTHELL WA 98011 ' 214370-1845-06 214370-1845-06 GRUBLE EDWARD J R0576 GRUBLE EDWARD J R0576 t 8622 FAUNTLEE CREST SW '8622 FAUNTLEE CREST SW SEATTLE WA 98136 SEATTLE WA 98136 • 214370-1860-06 214370-1860-06 CITY OF RENTON 260691 CITY CF RENTON 260691 CITY HALL CITY HALL 200 MILL AVE S 200 MILL AVE S ackirnn1 IJA Qc_r1Fc PFNTfIN WA 98055 ELLINGSON SHARON S 2N2397 . ELLINGSON SHARON S 2N2397 ig 611 DALEY ST u1 r 611 DALEY S '1 EDMONDS WA 98020 ri.l EDMONDS WA 98020 _4S_: .w:_`is:_'r:J3:_'t..ada.�a/.::.`l�.n• ay✓':.s_., ._.i.X".i-i r• 214370-2150-03 �j 214370-2150-03 KRAGHT KENNETH R+JUANITA K 839999 e7 KRAGHT KENNETH R+JUANITA K 839999 ID 527 RENTON AVE S 527 RENTON AVE S RENTON WA 98055 ` RENTON WA 98055 214370-2170-09 ;�� 214370-2170-09y WHEELER JEFFREY D + CINDY 72N026 WHEELER JEFFREY D + CINDY 72N026 ' 425 S 5TH PL 425 S 5TH PL RENTON WA 98055 ',- RENTON WA 98055 IP 214370-2175-04 214370-2175-04 JAMISON EDWARD M 489999 JAMISON EDWARD M 489999 501 SW 5TH PL 501 SW 5TH PL • RENTON WA 98056 '-'.''�1 RENTON WA 98056 y 214370-2180-07 214370-2180-07 LEUNG YI MING 499999 LEUNG Yi MING 499999 505 SW 5TH PL �_ 505 SW 5TH PL RENTON WA 98055 RENTON WA 98055 214370-2185-02 :a 214370-2185-02 CHEMM BANK GONG ET AL 8 .9999 CHEN BANK GONG ET AL 889999 1401 S HOLGATE 49 - 1401 S HOLGATE 49 SEATTLE WA 98144 ft SEATTLE WA 98144 214370-2190-05 214370-2190-05 GAMBINI GEO E E FRANCES T 8N0055 GAMRINI GEO E E FRANCES T 8N0055 513 SW 5TH PL 513 SW 5TH PL • RENTON WA 98055 RENTON WA 98055 JI 214370-2195-00 214370-2195-00 GAMBINI GEORGE E+FRANCES 539999 GANBINI GEORGE E+FRANCES 539999 513 SW 5TH PL 513 SW 5TH PL RENTON WA 98055 H RENTON WA 98055 214370-2200-03 214370-2200-03 LIN ANDY C T 703980 LIN ANDY C T 7D3980 4560 SOMERSET PL SE 4560 SOMERSET PL SE 8ELLEVUE WA 98006 BELLEVUE WA 98006 811900-0010-09 811900-0010-09 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 I 4340 STEVENS CREEK BLVD 2275 4340 STEVENS CREEK BLVD 0275 SAN JOSE CA 95129 SAN JOSE CA 95129 811900-0020-07 811900-0020-07 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 2275 4140 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 SAN JOSE CA 95129 AVALON BAY COMMUNITIES INC 919999 d ,., AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1 5 r'f 4340 STEVEN :REEK BLVD 1275 SAN JOSE CA 95129 SAN JOSE CA 95129 811960-0040-03 .;.1 811900-0040-03 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 I 4340 STEVENS CREEK BLVD 1275 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 ,.; SAN JOSE CA 95129 • . 1 811900-0050-00 H 811900-0050-00 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 SAN JOSE CA 95129 1 911900-0060-08 211900-0060-08 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 SAN JOSE CA 95129 , - 1 8119.00-'0070'45 811900-0070-06 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 H 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 SAN JOSE CA 95129 0 811900-0080-04 ::, 811900-0080-04 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 4275 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 SAN JOSE CA 95129 0 811900-0090-02 811900-0090-02 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 40 4340 STEVENS CREEK BLVD 0275 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 SAN JOSE CA 95129 1 811900-0100-00 811900-0100-00 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 A 4340 STEVENS CREEK BLVD 4275 4340 STEVENS CREEK BLVD 4275 SAN JOSE CA 95129 SAN JOSE CA 95129 ,I - I _____ _ __ _ . __ ____,__:_._,-- _..-- .L1..-__:-:."2.71ij '" . .'-- --:,-- -r•-al-Mf..4',r:---7:1-----:-z-r7-7*---7:=_: 811900011606 ; 1 811900-0110-08 AVALON BAY COMMUNITIES INC 919999 i';: AVALON BAY COMMUNITIES INC 919999 411 4340 STEVENS CREEK BLVD 0275 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 . 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J 4340 STEVEN. _REEK BLVD 1275 SAN JOSE CA 95129 SAN JOSE CA 95129 41, ,' — 811900-0580-09 1 811900-0580-09 AVALON BAY COMMUNITIES INC 919999 '' AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 :. 4340 STEVENS CREEK BLVD f275 ;_ SAN JOSE CA 95129 '" SAN JOSE CA 95129 811900-0590-07 811900-0590-07 • AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 1 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 � SAN JOSE CA 95129 • 811900-0600-05 — :41 811900-0600-05 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 1275 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 H SAN JOSE CA 95129v. 11 f 811900-0610-03 :y 811900-0610-03 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 4340 STEVENS CREEK BLVD 0275 Via' 4340 STEVENS CREEK BLVD "275 SAN JOSE CA 95129 SAN JOSE CA 95129 ' 811900-0620-01 i 811900-0620-01 AVALON BAY COMMUNITIES INC 919999 � .. 'a AVALON BAY COMMUNITIES INC 919999 41 4340 STEVENS CREEK BLVD 1275 4340 STEVENS CREEK BLVD :275 SAN JOSE CA 95129 SAN JOSE CA 95129 C 811900-0630-09 811900-0630—C9 • - AVALON BAY COMMUNITIES INC 919999 .. AVALON BAY COMMUNITIES INC 919999 ' 4340 STEVENS CREEK BLVD 0275 4340 STEVENS CREEK BLVD 1275 SAN JOSE CA 95129 =.' SAN JOSE CA 95129 ' ` 1_. .: - •— - . ._ ;.-- —. .,- . 811900-0640-07 I. 81190C-0640-07 AVALON BAY COMMUNITIES INC 919999 AVALON BAY COMMUNITIES INC 919999 Ail 4340 STEVENS CREEK BLVD ;;275 ;'; 4340 STEVENS CREEK BLVD ;;275 SAN JOSE CA 95129 SAN JOSE CA 95129 811990-0010-00 ,'tt 811990-0010—CO PETER C K+LAVERNA 2N9999 ONEIL PETER C K+LAVERNA 2N9999 ! 1 833 SW SUNSET BLVD CA-1 P33 SW SUNSET BLVD uA-1 RENTON WA 98055 . RENTON WA 98055 811990-0020-08 •.d 811990-0020-08 HO THAI 819999 HO THAI 819999 41 833 SW SUNSET BLVD 1A-2 .:`, 833 SW SUNSET BLVD ':A-2 RENTON WA 98055 RENTON WA 98055 4 811990-0030-06 1r 11990-0030-06 HOUSTON MITSU M 009999 HOUSTON MITSU M 009999 833 SW SUNSET BLVD uA-3 833 SW SUNSET BLVD VA-3 RENTON WA 99055 RENTON WA 98055 BROOKS SHANNON N 609999 ` BROOKS SHANNON N 609999 833 SW SUNSET BLVD 833 SW SUNS BLVD RENTON WA 98055 .•i RENTON WA 98055 811990-0050-01 H`y ~811990-0050-01 RACOOSIN ELIZABETH R 009999 H RACOOSIN ELIZABETH R 009999 833 SW SUNSET BLVD CA-5 833 SW SUNSET BLVD uA-5 RENTON WA 98055 " i RENTON WA 98055 .; 811990-0060-09 ''. 811990-0060-09 GRANT WILLIE J+JUANITA 009999 GRANT WILLIE J+JUANITA 009999 ; 833 SW SUNSET BLVD to-6 ; ' 833 SW SUNSET BLVD CA-6 RENTON WA 98055 o RENTON WA 98055 7 811990-0070-07 H 811990-0070-07 KURZ BRENDA L 609999 ~;.< KURZ BRENDA L 609999 833 SUNSET BLVD CB 7 5I 833 SUNSET BLVD xB 7 RENTON WA 98055 H RENTON WA 98055 __--k._ 7 .7:::. _'-•-7.-----ate--R-•-- - -- - ---_ - --- - - - - 811990-0080-05 811990-0080-05 GOOOWIN VIRGIL L 009999 " GOODWIN VIRGIL L 009999 833 SW SUNSET BLVD xB-8 833 SW SUNSET BLVD '1B-8 RENTON WA 98055 RENTON WA 98055 811990-0090-03 811990-0090-03 KYCEK ALAN J 459999 KYCEK ALAN J 459999 14311 NE 124TH AVE :113 14311 NE 124TH AVE t113 KIRKLAND WA 98034 KIRKLAND WA 98034 811990-0100-01 811990-0100-01 COOK MICHAEL A 919999 0A COOK MICHAEL A 919999 833 SW SUNSET BLVD "810 A 833 SW SUNSET BLVD 11810 RENTON WA 98055 RENTON WA 98055 I 811990-0110-09 811990-0110-09 RICKEY JEANNE S 609999 RICKEY JEANNE S 609999 833 SW SUNSET BLVD :811 833 SW SUNSET BLVD tell RENTON WA 98055 RENTON WA 98055 , I ._..r-�_ .-_-_ _ .-r__= a'^� -"__ _._..�� ____._ _ . .__.. .. - -_ - .ems .,�. r^ erg.-r•.-_ �.._ 811990-0120-07 • 811990-0120-07 TAVERNA FERNANDO L 939999 . TAVERNA FERNANDO L 939999 ' I 833 SW SUNSET BLVD uC12 833 SW SUNSET BLVD rC12 RENTON WA 98055 RENTON WA 98055 411 811990-0130-05 811990-0130-05 PATTON CHARLENE A 009999 , PATTON CHARLENE A 009999 833 SW SUNSET BLVD uC-13 833 SW SUNSET BLVD tC-13 RENTON WA 98055 RENTON WA 98055 811990-0140-03 H 811990-0140-03 SILVER ALMA S 009999 SILVEO ALMA S 009999 833 SW SUNSET BLVD "14-C 833 SW SUNSET BLVD K14-C RENTON WA 98055 - RENTON WA 98055 ' 01i7-iv-I,Lny-v SILVEO ALMA S 009999 isi SILVEO ALMA S 009999 833 SW SUNSET BLVD t14—C * 833 SW SUNS! BLVD t14—C RENTON WA 98055 /4:i RENTON WA 98055 IP tit' 811990-0150-00 4 811990-0150-00 • REESE MELISSA A 870519 11 REESE MELISSA A 870519 833 SW SUNSET BLVD CC—I5 833 SW SUNSET BLVD 1C-15 RENTON WA 98055 .-!,' RENTON WA 98055 , . '1 -46 1 8119 -060-04 2 811990-0160-08 SLADE JEFFREY 0 729999 SLADE JEFFREY D 729999 833 SW SUNSET BLVD tC 16 833 SW SUNSET BLVD CC 16 '1A • RENTON WA 98055 .iiii RENTON WA 98055 .'t4t1 811990-0170-06 H 811990-0170-06 BURCHETT GEORFFREY+SHEILA Y929999 - J BURCHETT GEORFFREY+SHEILA Y929999 833 SW SUNSET BLVD !?i 833 SW SUNSET BLVD RENTON WA 98055 :j RENTON WA 98055 811990-0180-04 ', ; 811990-0180-04 JONES CURRY D+JACQUELYN M 789999 .''T JONES CURRY 0+JACQUELYN M 789999 833 SW SUNSET BLVD t0-18 , 833 SW SUNSET BLVD t0-18 . . RENTCN WA 98055 -• RENTON WA 98055 1 4 . 81119C.'01.90'02 ' 411990-0190-02 FISHER RICHARD C 399999 : FISHER RICHARD C 399999 C 833 SW SUNSET BLVD 11019 -1- 933 SW SUNSET BLVD t019 RENTON WA 98055 .f41 RENTON WA 98055 -i 811990-0200-00 ';'1! 811990-0200-00 FUNCK MARK C 769999 '. - FUNCK MARK C 769999 833 SW SUNSET BLVD t0-20 833 SW SUNSET BLVD CD-20 RENTON WA 98055 1,i RENTON WA 98055 ,.- _ __: ..-=.:=2..-- - -L.- . - - , ,. _ - :_.. 811990-0210-68 ::1 811990-0210-08 Al REUTER PATRICIA L 689999 4: REUTER PATRICIA L 689999 833 SW SUNSET BLVD CO21 833 SW SUNSET BLVD t021 RENTON WA 98055 -:i RENTON WA 98055 H 4 , 811990-0220-06 •H 811990-0220:06 CHICHESTER JAMES R+CAROLE A009999 CHICHESTER JAMES R+CAROLE A009999 I / 833 SW SUNSET BLVD, tE-22 :: 833 SW SUNSET BLVD, tE-22 RENTON WA 98055 ' • RENTON WA 98055 •.•• I 1 811990-0230-04 411990—Q230-04 FOWLER THOMAS+AMY M 009999 FOWLER THCMAS+AMY M 009999 1 833 SW SUNSET BLVD tE 23 833 SW SUNSET BLVD tE 23 RENTON WA 98056 RENTON WA 98056 , 4 . • _. _,_ . ________ ,...._ _ _ . .• ___ _ _____-_________._ 811990-0240-02 811990-0240-02 CARPENTER VICTORIA LYNN 709999 CARPENTER VICTORIA LYNN 709999 4 833 SW SUNSET BLVD 0E24 833 SW SUNSET BLVD tE24 RENTON WA 98058 RENTON WA 98055 4 811990-0250-09 7V 8119vo-uz7u-v/ KHALIFE MARILYN '309999 4 KHALIFE MAR'1114 009999 . 833 SW SUNSET BLVD tE-25 833 SW SUNS BLVD tE-25 RENTON WA 98055 ::: RENTON WA 98055 k 811990-0260-07 - 811990-0260-07 LEATHERMAN HISAKO 4N9999 LEATHERMAN HISAKO 4N9999 1 833 SW SUNSET BLVD E-26 _ 833 SW SUNSET BLVD E-26 RENTON WA 98055 RENTON WA 98055 841940-6270-05 H 811990-0270-05 TONG DONALD 4N0880 :, TONG DONALD 4N0880 833 SW SUNSET BLVD 127 T 833 SW SUNSET BLVD t27 RENTON WA 98055 -- RENTON WA 98055 )• 81194.6-0280-03 811996-0280-03 CARNAHAN P 859999 CARNAHAN P 859999 1700 BELLEVUE AVE 4505 1700 BELLEVUE AVE C505 --: SEATTLE WA 98122 f SEATTLE WA 98122 --% . _. ...., 81.1990-0240-01 : 811990-0290-01 URH MARIAN 870593 URN MARIAN 870593 833 SW SUNSET BLVD tF-29 833 SW SUNSET BLVD tF-29 RENTON WA 98055 •;:, RENTON WA 98055 ) 811990-0300-09 ' 811990-0300-09 HEIMBIGNER LYNDA L 839999 : NEIMBIGNER LYNDA L 839999 ID 833 SW SUNSET BLVD tF-30 833 SW SUNSET BLVD tF-30 RENTON WA 98055 ,' RENTON WA 98055 I I 811990-0310-67 811990-0310-07 ROBERTS LOIS JEAN 819999 ROBERTS LOIS JEAN 819999 I / 833 SW SUNSET BLVD 4F31 833 SW SUNSET BLVD tF31 RENTON WA 98055 RENTON WA 98055 , p 811990-0320-05 : 811990-0320-65" POMERLEAU JOSEPH A+USCHI S 609999 POMERLEAU JOSEPH A+USCHI S 609999 833 SW SUNSET BLVD 0E32 . 833 SW SUNSET BLVD tF32 RENTON WA 98055 .:,! RENTON WA 98055 40 811990-0330-03 : 811990-0330-03 BRECKENRIDGE SCOTT 472872 BRECKENRIDGE SCOTT 472872 4 833 SW SUNSET BLVD 833 SW SUNSET BLVD •:-. RENTON WA 98055 RENTON WA 98055 811990-0340-01 811990-0340-01 BISCONER LEONARD+ROSWITHA 88N9999 H BISCONER LEONARD+ROSWITHA 88N9999 833 SW SUNSET BLVD tG34 833 SW SUNSET BLVD 41G34 RENTON wA 98055 RENTON WA 98055 1 . . .. . v , . 811990-036-08 811990-0350-68 BOWSER MICHAEL L 719999 BOWSER MICHAEL L 719999 1 833 SW SUNSET BLVD 4G35 : - 833 SW SUNSET BLVD tG35 RENTCN WA 98055 RENTON WA 98055 1 yaKHIN SIMONyMAUNG—SHWE 879999 KHIN SIMON MAUNG—SHWE 879999 833 SW SUNSET BLVD 1G36 833 SW SUNS BLVD OG36 RENTON WA 98055 RENTON WA 98055 811990-0370-04 811990-0370-04 BEED DEBRA 939999 1 BEED DEBRA 939999 833 SW SUNSET BLVD VG37 833 SW SUNSET BLVD :G37 RENTON WA 98055 H RENTON WA 98055 811990-0380-02 811990-0380-02 HANSEN BARBARA J+ 009999 H HANSEN BARBARA J+ 009999 SCHREIBER,JOSEPH M SCHREIBER,JOSEPH M 833 SW SUNSET BLVD 1H-38 833 SW SUNSET BLVD OH-38 RENTON WA 98055 RENTON WA 98055 811990-0390-00 811990-0390-00 BARNES GEORGE L+LILY 272008 BARNES GEORGE L+LILY 272008 833 SW SUNSET BLVD, ;H-39 833 SW SUNSET BLVD, 1H-39 RENTON WA 98055 >1 RENTON WA 98055 811990-0400-08 811990-0400-08 WOODSIDE LEE I 009999 W00DSIDE LEE I 009999 833 SW SUNSET BLVD, 1H-40 833 SW SUNSET BLVD, 1H-40 RENTON WA 98055 A RENTON WA 98055 811990-0410-06 811990-0410-06 LOWE WANDA L 819999 LOWE WANDA L 819999 '_ 233 SW SUNSET BLVD 441 H 233 SW SUNSET BLVD 141 H RENTON WA 98055 RENTON WA 98055 1 811590-0420-04 811990-0420-04 STENSON RIC -iARD E+JOY E 009999 STENSON RICHARD E+JOY E 009999 M 833 SW SUNSET BLVD 1I-42 833 SW SUNSET BLVD 1I-42 RENTON WA 98055 H RENTON WA 98055 811990-0430-02 ,; 811990-0430-02 POON CHEUK MING 872663 POOH CHEUK MING 872663 0 833 SW SUNSET BLVD ';I-43 833 SW SUNSET BLVD 1I-43 RENTflN WA 98055 RENTON WA 98055 • 811990-0440-00 811990-0440-00 DEGROSS MICHAEL L 009999 , r DEGROSS MICHAEL L 009999 833 SW SUNSET BLVD 1I-44 . , 833 SW SUNSET BLVD 1I-44 1 RENTON WA 98055 RENTON WA 98055 ' ! I ;e 811990-0450-07 811990-0450-07 i ` HOLM JEFF A 472306 HOLM JEFF A 472306 15221 SE FAIRW000 BLVD 15221 SE FAIRWOOD BLVD RENTON WA 90058 RENTON WA 98058 • 811990-0460-05 811990-0460-05 ' COLE DINO A 899999 ��' COLE DINO A 899999 933 SW SUNSET BLVD 046 833 SW SUNSET BLVD 146 RENTON WA 98055 11 RENTON WA 98055 ' 811990-0470-03 811990-04 (u-ui . CHERNYETSKY YURY ET AL '59999 CHERNYETSKY 'RY ET AL 759999 833 SW SUNSET BLVD J 47 833 SW SUNS BLVD J 47 RENTON WA 98055 RENTON WA 98055 811990-0480-01 811990-0480-01 KUBLI JAMES H 849999 KUBLI JAMES H 849999 . 833 SW SUNSET BLVD 4J 48 833 SW SUNSET BLVD "J 48 RENTON WA 98055 ;''; RENTON WA 98055 I 811990-0490-09 ,,i 811990-0490-09 SAKO_JULIE L 369999 SAKO_JULTE L 369999 833 SW SUNSET BLVD 4J49 ,.1 833 SW SUNSET BLVD 4J49 RENTON WA 99O55 t RENTON WA 98055 r 811990-0500-07 811990-0500-07 PATTEN RONALD C 199999 PATTEN RONALD C 199999 833 SW SUNSET BLVD CJ-50 833 SW SUNSET BLVD CJ-50 RENTON WA 98055 H RENTON WA 98055 811990 051J 05 811990-0510-05 ' LEW RAYMOND WING 009999 ', LEW RAYMOND WING 009999 II 833 SUNSET BLVD 3J-51 `i, 833 SUNSET BLVD 3J-5I RENTON WA 98055 '; RENTON WA 98055 , 811990-0520-03 I 811990-0530-01 DCLPH DANIEL DEAN+SANDRA MA009999 ROEMISH JACQUELINE R 709999 0 833 SW SUNSET BLVD CK-52 833 SW SUNSET BLVD CK53 RENTON WA 98055 RENTON WA 98055 40 P?4UNG L I SA ii 749999 ` ' 811990-0540-09 833 SW SUNSET BLVD 0L55 KLINE DAVID R+ZANATTA-KLINE859999 II RENTON WA 98055 3806 13TH AVE W SEATTLE WA 98119 111990-0530-01 ROEMISH JACQUELINE R 709999 _ 811990-0520-03 833 SW SUNSET BLVD xK53 DOLPH DANIEL DEAN+SANDRA MA009999 RENTON WA 98055 ;'_:} % 833 SW SUNSET BLVD 1K-52 RENTON WA 98055 l - 311990-0540-09 - -- KLINE DAVID R+ZANATTA-KLINE g11990-0580-UO 609999 43806 13TH AVE W 98119 ; WHITE MOZELLA R SEATTLE WA 833 SW SUNSET BLVD 98055 RENTON WA .. - I'm HD1N3� 811990-0560-04 £ti$ REINGOLD EVELYN JOYCE 009999 55086 5o: GA19 1N J511 nS S fIN ONd 833 SW SUNSET BLVD vL-56 RENTON WA 98055 .,,,H 666647E 90-05y0-06tt8 l cog() _ -<• :-0560-04 IS VC:i 911990-0570-02 pll�1NGflLD Ey ET BL 10 titl5�' 98fl55 GO EMMANUEL S+MARISSA F 009999 RE SUNS 833 SUNSET BLVD „t 57 83S RENTON WA 98055 ht,3N WA as a � �� +� � -•- �31177V—V7ttU—UU GP EMMANUEL S+MARISSA F 009999 WHITE MOZEL ' ' R 609999 833' SUNSET BLVD :L-57 833 SW SUN BLVD RENTON WA �9075 RENTON WA 98055 811990-0590-08 911990-0590-08 HENOERSON PEAGAN L t: CARL E870297 HENDERSON PEAGAN L E CARL E870297 HENDERSON JO ANN HENDERSON JO ANN 833 SW SUNSET 8LVD 059 833 SW SUNSET BLVD K59 RENTON WA 99055 RENTON WA 98055 811990-0600-06 911990-0600-06 MILLER JOHN A JR+GLOR.IA J 009999 MILLER JOHN A JR+GLORIA J 009999 833 SW SUNSET BLVD nM-60 833 SW SUNSET BLVD AM-60 RENTON WA 98055 PENTON WA 98055 918900-0030-09 919900-0030-09 PIETROMONACO I L L C 553277 PIETRCMONACO I L L C 553277 PO 80X 700 PO BOX 700 r. MERCER ISLAND WA 98040 MERCER ISLAND WA 98040 O CD , Prggoeed Mitigation Measures' e � 1. Fin Mitigation Fee based on$0.52 per square foot of new construction. ��lv v.., Comments on the above application must be submitted in writing to Ms.Lesley Nishihira,Project Manager,Development Services Division,1055 South Grady Way,Renton,WA 98055,by 5.00 PM on September 28,1999. If you have NOTICEO F APPLICATION questions about this proposal,or wish o be made a pa ty of record and receive additional nor; on by mail,con act the Project Manager.Anyone who submits wnryen comments will automatically become a party of record and will be notified of AND PROPOSED DETERMINATION OF NON- any decision on this project. SIGNIFICANCE-MITIGATED (DNS-M) CONTACT PERSON: LESLEY NISHIHIRA(425)430.7270 !PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I DATE: September 14,1999 LAND USE NUMBER: LUA-99-127,SA-A,ECF ' APPLICATION NAME: AVALON RIDGE LEASING CENTER RENOVATIONS PROJECT DESCRIPTION: The applicant is proposing the remodel and addition to the existing leasing center at the Avalon Ridge Apartments. The proposal includes a 1,424 sq.fl.first floor addition,a 364 sq.ft reduction to the second floor, the creation of seven new parking spaces,new access to the building, and additional landscape improvements. The project will also require the removal of the existing pool. Other on-site recreational amenities are included with the proposal.The proposal requires Environmental(SEPA)Review and Administrative Site Plan Approval. PROJECT LOCATION: 510 Stevens Avenue SW 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. i S.-. Cy. - .rout. f PERMIT APPLICATION DATE: August 31,1999 —_yz y rx ,I:4 LBfi% F' .� i [4 1;j NOTICE OF COMPLETE APPLICATION: September 14,1999 '�' - �f f IN•�1��/ �I��'w r - ' APPLICANT: Avalon Bay Communities,Inc.,11808 Northup Way,Ste.W311, -I_-, - "''''. ,:V':p,e.'. f/ 4 -//1'7 1 Bellevue WA 98005 -E_J- � I�' ' ' / l S'y I4r -A,S.Y a.I,. 'i _;'„l T : OWNER. Same as Applicant - T,+,4 •rl 4;x h f/ Permits/Review Requested. Environmental(SEPA)Review,Administrative Site Plan Approval ( _ , ��r r ?' • Other Permits which may be required: Building Permits �-�-- s 1 k U /#�y �p l '1)% Requested Studies. Nona requested j 4• \ a�7>` 1\ ' Location where application may 1 (�. �s 'L '- \7 1:/ be reviewed. Planning/Building/Public Works Division,Development Services Department, 3 7r �� - Q`'. • 1055 South Grady Way,Renton,WA 98055 ....__; -�m t 1"- r,k.�' _- r I..' PUBLIC HEARING: N/A ',, ` a-., .�',y.l _.,I+ 7` ry 1T<•4',le , . � I to CONSISTENCY OVERVIEW: ------� J-"-� =j==' �4+!chi 'I 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 38.70B.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 it 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: The subject site is designated Employment Area-Commercial on the City's Comprehensive Land Use Map and Commercial Arterial on the City's Zoning Map.The proposed renovations to the existing leasing center complies with the policies and provisions of both designations. Environmental Documents that Evaluate the Proposed Project: None known • Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA Ordinance,Zoning Coda, Public Works Standards,Uniform Building Code,Uniform Fire Code,and other applicable codes and regulations as appropriate. mmwut mUvout CERTIFICATION ,. I, -)etc[ 1(( , ,M , hereby certify that 2 copies of the above document were posted by me in ? conspicuous places on or nearby the described property on erirtrrvt - ((6 , l �1 • I Signed: 1� _ ATTEST: Subcribed and sworn before me, a Nortary Public, in an or the State of Washington residing /v -, , on the al A. day of t- ,rs 5 , . ,77 '0-1-L STOrARy p�NSF . TAT of B coMMISs ON IN Toth - e. -,..DUNE�N EXP MARILYN KAMCHEFF a? .2Q f;) • MY 'y ORES APPOINTMENT EXPIRES:6-29-03 g k ,ram ,011. t w ,� Y M^ . :CITY JF-RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator September 14, 1999 Mr.Walter Braun Avalon Bay Communities, Inc. 11808 Northup Way, Suite W311 Bellevue,WA 98005 SUBJECT: Avalon Ridge Leasing Center Project No. LAU-99-127,SA-A,ECF Dear Mr. Braun: 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 October 5, 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)430-7270, if you have any questions. Sincerely, Lesley Nishi ' a Project Manager acceptance 1055 South� Grady Way-Renton, Washington 98055 ( )This paper Contains 50%recycled material,20%post consumer CITY OF RENTON DEVELOPMENT SERVICES DIVISION LAND USE PERMIT r'''' MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION Note: If there is more than one legal owner, please attach an additional notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: r NAME: A/ Va /U(4 .� e. LCASI416 CPVT ' 1 /I va/v r-r (, 61 u-t rs-r✓« Ti, es' G t4 C. d PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): gellivu e j 1441 98005 TELEPHONE NUMBER: EXISTING LAND USE(S): u'- ) 5 7E --2%bb iziAPPLICANT (if other than owner) Alu/f� /IO �s,de. 4 (z�_ PROPOSED LAND USES: NAME: c6!is-r e COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: R M.L ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): d e CITY: ZIP: �/ DEVELOPMENT EXISTING ZONING: PLA CiNNING 7Y OF RENTON TELEPHONE NUMBER: 1 AUG 1 1999 PROPOSED ZONING (if applicable):RECEIV CONTACT PERSON /�/'-j ED SITE AREA(SQ. FT. OR ACREAGE): NAME: Aja dei, / ret ti 0 / crc-s- - COMPANY (if applicable): PROJECT VALUE: (i t 14.4 ipt u.4/-7.‘e...s- 1,--c-- • 7i I/go, oc)(531---,--- fi 64464. tey_t„ i t ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? //8o61 ,4Jvv1479 it-hi , � G✓,// U 00 CITY: ZIP: ?2/4'vv�e/ (,U4- e'cf3oo j IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY CCJJ SENSITIVE AREA? TELEPHONE NUMBER: /� '� CS/Z5J 5?C - ofi �� `-' - LEGAL DESC TION OF PROPERTY (Attach se ite sheet if necessary) '5'EL. Ato+c.ttco .. ....... . .. . ... . .. . . TYPE OF APPLICATION & FEES'' Check all application types that apply--City staff will determine fees. — ANNEXATION $ SUBDIVISION: — COMP. PLAN AMENDMENT $ _ REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ TEMPORARY PERMIT $ _TENTATIVE PLAT $ CONDITIONAL USE PER $ _ PRELIMINARY PLAT $ "✓SITE PLAN APPROVAL .A, $ /Ot'O. r _ FINAL PLAT $ GRADE & FILL PERMIT $ — (NO. CU S: ) PLANNED UNIT DEVELOPMENT: $ „ 4RIANCE - $ (FROM I `-/'4.2 '�3 ) _ 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 $ E''VO , _ REVISION $ AFFIDAVIT OF OWNERSHIP 7 I, (Print Name) IJowe KIr,,,.tyrf , declare that I am (please check one)_the owner of the property involved in this application, e 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 i al respects true and correct to the best of my knowledge and belief. NOTARY FITE I OTARY P+utu UC • bscribed and sworn to before me, a Notary Public, in and .1 ci,c.J e_ K/• 2.414.9 er STATE OF'WASHlp4G °flJ`4:wk residing at'p (Name of Owner/Represerr ative) COMMISSION * I' eV�-- , on theoZSltday of A C (Signature of er/Fepresentative) / v\ U,`cc, Pres/Vc-,' (Signa .re if Notary Public) (This section to be completed by City Staff.) City File Number: LUAW-A2 7 A AAD BSP CAP-S CAP-U CPA CU-A CU-H ri@IV LLA MHP FPUD FP PP R >RVMP'; A.A� SA-H SHPL-A SHPL-H SP SM SME TR- -A V-B V-H W TOTAL FEES: $ i. C9f..Qr_'� TOTAL POSTAGE PROVIDED:"'$ -1 I,61 i7 .39 MASTERAP.DOC REVISED 8/97 Legal Description PARCEL 1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTIERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 14 OF PLATS, PAGE 7. RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 39'50'39" WEST 664.43 FEET TO A POINT ON THE NORTHERI.Y LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED 10 1HE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 WHICH IS THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005 AND THE TRUE POINT OF BEGINNING; . THENCE NORTH 33'18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18'27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13. SAID PLAT OF EARLINGTON; THENCE SOUTH 71'34'15" EAST 310.06 FEET ALONG SAID SOUTHERLY IINE TO THE NORTHEAST CORNER OF LOT 21, SAID BLOCK 12; THENCE NORTH 18'27'19" EAST 200.51 FEET ALONG TILE NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88'27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24. BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18'27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71'36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76'13'16" EAST 108.80 FEET ALONG THE NORTHERLY LINE OF SAID LOT B TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369: THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES SOUTH 32'57'51" WEST 150.01 FEET TO A POINT OF CURVATURE. THE RADIAL BEARING OF WHICH EXTENDS SOUTH 57'02'09" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27'17'12". AN ARC DISTANCE OF 157.16 FEET TO A POINT OF REVERSE CURVATURE. THE RADIAL BEARING OF WHICH EXTENDS NORTH 84'19'21" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 81'47'12", AN ARC DISTANCE OF 28.55 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87'27'51" WEST 38.50 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 02'32'09" WEST 270.00 FEET; THENCE ALONG AN ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21'00'00", AN ARC DISTANCE OF 98.96 FEET TO A POINT OF TANGENCEY; THENCE NORTH 71'32'09 WEST 253.54 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18'27'51 EAST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RICHT THROUGH A CENTRAL ANGLE OF 33'33'26", AN ARC DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE. THE RADIAL BEARING OF WITICI+ EXTENDS SOUTH 52'01'17" WEST 45.00 FEET: THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 85'20'13", AN ARC DISTANCE OF 67.02 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST OUARTER OF SECTION 18, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18. FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44'25'22" EAST ;-OR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD. SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16'14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECCRDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 32'57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF LOT B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE NORTH 80'29'58" EAST 138.30 FEET ALONG THE NORTH LINE OF SAID LOT 8 TO A POINT ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8. SAID PLAT OF EARLINGTON; THENCE SOUTH 18'27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE. AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650: THENCE SOUTH 09'30'02" EAST 90.63 FEET ALONG THE EAST LINE OF SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 870316!;001; THENCE SOUTH �. 45'27'51" WEST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LIN.: BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT.NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 75'27'51" WEST 70.00 FEET ALONG SAID NEW LOT I.II:E, THENCE NORTH 79'05'02" WEST 69.72 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE EASTERLI LINE OF THE NORTHERLY PORTION :li THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF r WON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT ON A CURVE. THE RADIAL BEARING OF WHICH EXTENDS SOUTH 79'05'02" EAST 270.00 FEET; THENCE ALONG SAID EASTERLY LINE AND ALONG THE f' ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22'02'53", AN ARC DISTANCE OF 103.90 FEET TO THE TRUE POINT OF BEGINNING. • PARCEL 2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11. VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749. IN KING COUNTY. WASHINGTON; THENCE NORTH 76'33'09" EAST 310.48 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 44'32'09" WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE. THE RADIAL BEARING OF WHICH EXTENDS NORTH 45'27'51" EAST 270.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 55'27'07" AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 79'05'02" EAST 69.73 FEET ALONG SAID NEW LOT LINE: THENCE NORTH 75'27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45'27'51" EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE NORTH 9'30'02" WEST 30.63 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; THENCE NORTH 80'29'58" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK 11, ITS EASTERLY PRODUCTION, AND THE NORTH LINE OF BLOCK 10, SAID PLAT OF EARLINGTON TO THE NORTHEAST CORNER OF THE WEST 10.00 FEET OF LOT 2, SAID BLOCK 10; THENCE SOUTH 18'28'49" WEST 100.27 FEET ALONG THE EAST LINE OF SAID WEST 10.00 FEET TO THE NORTH LINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK 10: THENCE SOUTH 80'29'58" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18'27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QUARTER OF SAID LOT 28; THENCE SOUTH 80'29'58" WEST 9.06 FEET ALONG THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 10; THENCE SOUTH 18'27'39" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT THE WESTERLY PRODUCTION OF THE SOUTH LINE OF SAID LOT 28: THENCE SOUTH 71'32'21" EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OF THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY AND WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 29'56'06" WEST 85.73 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60'03'54" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59'50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 29'54'08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60'05'52" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101'32'13" AN ARC DISTANCE OF 35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18'21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26'49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 81'32'09" WEST 105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 08'27'51" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37'00'00" AN ARC DISTANCE OF 174.36 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST • RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP. PACIFIC COAST RAILROAD. SHEET 5 OF 11, VOLUME 2 - WASHINGTON. RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16'14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110363: THENCE NORTH 32'57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNET! OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002 AND THE TRUE POINI OF BEGINNING; I' THENCE CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: NORTH 32'57'51" EAST 2.60 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 57'02'09" WEST 430.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14'30'00" AN ARC DISTANCE OF 108.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 18'27'51" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 71'32'09" EAST 30.00 FEET; THENCE ALONG THE ARE OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 64'17'58" AN ARC DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 07'14'11" WEST 1492.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 03'56'14" AN ARC DISTANCE OF 102.55 FEET TO A POINT OF NON TANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18'27'39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE SOUTH 80'29'58" WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE TRUt POINT OF BEGINNING; AND TOGETHER WITH THAT rut nON OF THE SOUTHWEST QUARTER OF SECTION 1_. IWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON. RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS. PACE 7. RECORDED UNDER RECORDING NUMBER 433749. IN KING COUNTY. WASHINGTON; THENCE NORTH 07'24'23" EAST 464.07 FEET; THENCE NORTH 71'32'09" WEST 135.00 FEET; THENCE NORTH 23'22'38" WEST 129.26 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 12. SAID PLAT OF EARLINGTON; THENCE NORTH 18'27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88'27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24. BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18'27'29" WEST 97.95 FEET ALONG SAID EAST LINE OF AND SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71'36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND 8, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 18'27'31" EAST 112.47 FEET ALONG THE SOUTHERLY PRODUCTION OF THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88'27'37" EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH O1'32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00'55'24", AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02'27'47" EAST 30.00 FEET: THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 110'55'38" AN ARC DISTANCE OF 58.08 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18'27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 71'32'09" WEST 370.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 14'30'00" AN ARC DISTANCE OF 93.64 FEET TO THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE NORTH 76'13'16" WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH. RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18. FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP. PACIFIC COAST RAILROAD. SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 71'29'12" WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE SOUTHWEST CORNER OF SUNPOINTE CONDOMINIUM, PHASE I. AS RECORDED IN VOLUME 64 OF CONDOMINIUMS, PAGES 75 THROUGH 85 UNDER KING COUNTY RECORDING NUMBER 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18'27'51" EAST 91.76 FEET; THENCE NORTH 41'27'51" EAST 75.00 FEET; THENCE NORTH 18'27'51" EAST 130.00 FEET TO THE SOUTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: NORTH 71'32'09" WEST 25.00 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 18'27'51" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 33'33'26" A DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 15'05'35" WEST 45.00 FEET: THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 161'46'40" AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005; THENCE NORTH 33'18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18'27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE NORTH 71'34'15" WEST 21,`..66 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5'26'21" EAST 1502.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7'59'25" AN ARC DISTANCE OF 209.52 FEET; THENCE SOUTH 18'27'51" WEST 260.00 FEET; THENCE SOUTH 89'27'51" WEST 70.00 FEET; THENCE SOUTH 18'27'51" WEST 154.00 FEET; THENCE SOUTH 52'32'09" EAST 70.00 FEET; THENCE SOUTH 18'27'51" WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PACIFIC COAST RAILROAD RIGHT OF WAY; THENCE SOUTH 71'29'16" EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF WAY BOUNDARY TO THE TRUE POINT OF BEGINNING. CITY OF RENTON DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST 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 own observations or project plans without the need to hire experts. If you really do not know the answer, or 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 NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), 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. DEVELOPMENT PLC,l' a1;,16' CITY OF RENTON AUG 31 1999 • RECEIVED Environmental Checldist A. BACKGROUND 1. Name of proposed project, if applicable: valor PcLgc 2. Name of applicant: loci Cc ' 5' 3. Address and phone number of applicant and contact person: Flo veviS Ave SW eertm,. WA q05-6" • 4. Date checklist prepared: -/ ►f/i'i 5. Agency requesting checklist: Planrlihcj VCpa r 11(1 rH- 6. Proposed timing or schedule (including phasing, if applicable): perm1- appUaafi /'5/' Warr Cm/IS u(fii ty) /3►lac Coqlefiavi 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. �U o 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. p-hacc, i Ehvn/voo/0W Stir As5estmenl S-114dy tila5 Comaclecl on IMiti- fit, i°PIK 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. Noel CVtc�-U'lc 10. List any governmental approvals or permits that will be needed for your proposal, if known. wild i 1 èrwii-f 1tt Lth c adjuS f- (V:f J 9C1'bac, VGt /J i/71c y` 11. Give brief, complete description of your proposal, including the proposed uses and the size of sz) the 5roject and site. Ada i ioi Of 45367 (75f" 13 ail C205-tirtiq Ica511,9 Caller TU �Pw ciereloprd apartnio44 comellu.vr itf of ;610 howl e loth I M [egg. 2 Environmental Checldist 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. {}VeL��N R, �� fl,�c r`�-iti►e;t�� S coo+e f , Sl O 5lie s j},,c 5 W e''\" ,h w �{}�cheJ LC 1 l�esc r, p+ 611 B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, ollin hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) 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. Bard) 5i It C tat/ avid •0 i c c raw d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. IV 0 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. t i l )1 11 t;4 On ein S-h l'lcj SW 1m INl I n p oIo . 100 GY DS f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. o g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 5 I. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Wore ( t►peel 3 Environmental Checklist 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. Ul. a dd ifi cwi are expected . b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: iv c 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 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. R 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. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. I\! 0 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. lv iJ 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. 11 4 Environmental Checklist 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. W 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...; 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. Wove 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. Coi Icc via:-fe r cz-rd Coil vta-toe , 1 v cJ 5ID s y5kw, 2) Could waste material enter ground or surface waters? If so, generally describe. /V0 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: C C 1 IC c4'I b iil O j �U f to and do I,UNSpc LLts Co1(cc b CXI 11v 3 (fryi sticptciii 4. PLANTS a. Check or circle types of vegetation found on the site: ✓ deciduous tree: alder, maple, aspen, other V 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, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? 5 rrIa 11 eC ��d 5 ch-ra auhue_ 5h rrti 5 c. List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: (2cpiacc f lS-fl tit vi Lik ei►- ] 5 Environmental Checklist 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: (kr Oar a rP d Birds: hawk, heron, eagle, songbirds, other / ,D11 Mammals: deer, bear, elk, beaver, other 1)Dre. Fish: bass, salmon, trout, herring, shellfish, other n G C.- b. List any threatened or endangered species known to-be on or near the site. /V01i C c. Is the site part of a migration route? If so, explain N0"/ ODtr o wind qc d. Proposed measures to preserve or enhance wildlife, if any: fUo-f- applicable, . 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. OCCIvl . *fra-foq and 1-f)(e cpera-h . 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: r�Cri i etVISC ` v1 1%11 �"►r - )rhA VC'S. Mcc-f l l 4i iYtSlkia�1o� r�' ire. rint5. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1VDyc. 1) Describe special emergency services that might be required. MOVIC 2) Proposed measures to reduce or control environmental health hazards, if any: /\ r ov e 6 Environmental Checklist b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? TYC4-fl 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. • CO S-frucfi 1 n o6 c, ; 3 u A ) b( I [O. 3) Proposed measures to reduce or control noise impacts, if any: M y►a jwc 'ti Di- ro3 pe r m. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? M I.I "fF re WI I I y &C)icf rrrh G( / b. Has the site been used for agriculture? If so, describe. IVO c. Describe any structures on the site. �X 15fi a72_o (i5 F I caS i'cj ce h to r -r610 Gc pavf i 7Gmt ll ovlwle5. d. Will any structures be demolished? If so, what? )V 0 e. What is the current zoning classification of the site? 0\1 — r f. What is the current comprehensive plan designation of the site? rip)V g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. UV Approximately how many people would reside or work in the completed project? 5 Prop ie would, mirk- 7 M cor 1 p) +e01 adc l6 Environmental Checklist j. Approximately how many people would the completed project displace? IV Vl k. Proposed measures to avoid or reduce displacement impacts, if any: •44t-) �,s��aCev��e�} W ,�� O�Cvt. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Prrp056ti is rirnaW11 -h reP ak avid- rem odes ex isnvl fact u , --ro,c►refDre•- iere is p0 chance o-Fuce . Cu.v►-e�-t itSe j. con/pa-rabic, i,ui-/"Yi ex� �li� &Act ,pro Laud uS=es. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. /V alai i.cj b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. now c. Proposed measures to reduce or control housing impacts, if any: JO-11SiV2cj if�pa f i�U� 11 pc L u Y, 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. 25-vz 101,(11(11.0.61) �`ir1' i Si w its C cm i� Pos ) ir00-h111 J b. What views in the immediate vicinity would be altered or obstructed? c. Proposed measures to reduce or control aesthetic impacts, if any: g a-ik i71 Irnp►'tv=e_ Qc5' etic . 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? �� U c frrti o , I vc(S Mil I l h of be iv) Gina st-d .-f ry e ov/5. b. Could light or glare from the finished project be a safety hazard or interfere with views? IV 8 Environmental Checklist c. What existing off-site sources of light or glare may affect your proposal? Wba d. Proposed measures to reduce or control light and glare impacts, if any: lnfe►-ror wa'odow COVeViv jc if rectal tied 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? 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:J/l eXiS11 n5 ''(;r.ea(fioiia-1/ +aoLi icsa-i-the pr�pc�ttl�� r,Uil�rema,n except 'for" ore p l avid SPa. , new tCU nis an the pai9cvfi, -to Of add cc( TrClucle c� 6p4j p cn>c areas Com putt✓ v an ( Si Iet/It r rqt.Crtt Of-)220t0-0 ehSue-1 ilihcr mc-c1-c v exceed 1 +iwiii tr-f 13. HISTORIC AND CULTURAL PRESERVATION --1'' c pal and Spa heifriiy l o5j-. 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. Nu b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. V O V I e, c. Proposed measures to reduce or control impacts, if any: iU OVI e �e u '`'C° 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. SievehS Ave c. amt Su ic4 givd . cal-re vt j- erlre -f pvopev _ neCticff 3 are ve Leo( . b. Is site currently served by public transit? !Mt, what is the approximate distance to the nearest transit stop? c. How many parking spaces would the completed project have? How many would the project eliminate? 11 S / / OV/ I,U1 �i cod 5j s us �DYcl -tD- Uf �Of3 e i,Ul l eU 4i;na fd Environmental Checklist 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? 111 io e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. /V f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. lb nave -gun The C(Lae�rt OV -S . g. Proposed measures to reduce or control transportation impacts, if any: No -rmilskor-tcct1on imppact eXp-CCi f..Thc 5-to persav) s�ra-cf ci crew-will an-lye. 0 . pUCroads will mot Y� lava lxfmt� °IVha.fek-t)ttf to.OU re w Cu �(6brao off S Oii\ct WI) 15. PUBLIC SERVI�(�ES kx CW LC jv pa,✓4 00 . 511-c`� 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. YV 9 b. Proposed measures to reduce or control direct impacts on public services, if any. n ��c, )2ett u.l Vfd 16. UTILITIES a. Circl _util" care y_ aav i_ 'labie at the site: electricity, natural gas, ate 4110 sewer septic stem,. service lephan anitary se � system, 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. rutIL- up Iv e}c) -h1z�1 iK-b Herr a-f alveQo9 Se v ve eh N-1,179 b 0( I tt vtl 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. Proponent: Name Printed: age- A L!ti,, re' Date: 9/2 Y , 5 �n Environmental Checklist D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets ;should onlir be T used for ;actions involving decisions on :policies, plans and programs. You do not need to fill out these:sheets for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air, production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 11 f • Environmental Checklist 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. 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. Proponent: Name Printed: Date: ENVCHLST.DOC REVISED 6/98 12 Ava1on& M tr ii �p Way,Suite W311 • Bellevue,WA 98005 Tel(425)576-2100 • Fax(425)576-8447 Communities O RENTON AUG 1 1999 RECEwED Project Narrative Project Name: Avalon Ridge Apartments Project Size: 17.69 Acres Location of Site: 510 Stevens Way SW, Renton, Washington 98055 Zoning Designation of Site and Adjacent Properties: RM-I Avalon Ridge is an existing apartment rental community consisting of 19 buildings with 356 homes. The building planned for renovative improvements and the primary subject of this land use permit application is located at 510 Stevens Way. It currently serves as the community leasing office with pool, spa and limited fitness amenities. This Land Use Permit Master Application for the proposed Leasing Center renovation and addition project is being submitted as requested by the City of Renton Planning Department, Development Services Division, for a SEPA Environmental Review, and an Administrative Site Plan Approval. A Restrictive Covenant has already been submitted to satisfy setback requirements, between the two adjacent land parcels. The Restrictive Covenant specifically eliminates the possibility of the parcels, both owned by AvalonBay Communities, Inc., from being sold separately, thereby negating any impacts from the setback variance required to complete the work. (AvalonBay Communities, Inc. plans to apply for a lot line adjustment at a later date.) This all to ultimately facilitate the Building Permit Application for the Leasing center improvements, the plan of which would then meet the current setback restrictions and all other Zoning/Development Standards. i,, There are no special site features such as wetlands, water bodies, or steep slopes on this property. The soils on this property are classified as Alluvium (Waldron 1962). This . formation predominantly consists of sand, silt, and clay, but includes some gravel and is typical to the area. The existing drainage plan is in good condition. Proposed use of the property will be unchanged. The scope of the proposed development improvement includes the complete interior / exterior repair and renovation of the existing building, with removal of the existing pool amenity. Also inclusive is a 1,424 GSF, (gross square foot) first floor addition and a second floor 364 GSF reduction to the existing 4,295 total GSF, leaving a new building total of 5,355 GSF with the new construction. The height of the building will remain unchanged. This work will add a new resident Computer Business Center, Conference area and a new office facility for leasing and property management operations. Other exterior work will add 7 new parking spaces with improved access to the building from the south. This will incorporate new hardscape / landscape enhancements and additional landscape improvements around the building site. There are no off-site improvements required or anticipated at this time. The estimated construction cost for the addition is $145,000. The remodeling improvement cost for the existing facility is approximately $170,000. Estimated fair market value of the proposed project is $365,075. Minimal quantities if any, of import fill material will be required for this work. Classified structural fill material as specified by the structural engineer will be used for base where required for any new asphalt or concrete paving. Minimal excavation work will be balanced on the site. New topsoil and or some soil enhancement will occur in newly landscaped areas. Two 25-foot Douglas Fir trees are planned to be removed from the property to accommodate new sidewalk access and the new adjacent landscape plan. It is with these and other ongoing / planned overall community development improvements, including alternate on-site resident program amenities for the pool replacement, (see attached analysis), that the community will have a significant overall appearance and community use upgrade for both the Avalon Ridge residents and the surrounding neighboring community. ry Alternate On-site Amenities for Pool Replacement at Avalon Ridge Leasing Center Project Name: Avalon Ridge Apartments Location of Site: 510 Stevens Way SW,Renton, Washington 98055 AvalonBay is the owner of Avalon Ridge Apartments (19 buildings, 356 homes), located at 510 Stevens Way S.W. (leasing office) as well as Sunpointe Apartments (3 buildings, 65 homes), located contiguous to Avalon Ridge at 603, 611, and 701 SW Fifth Court. The properties have recorded on title a "Reciprocal Right Of Use Agreement For Recreational Facilities' relating to common amenities (see attached). AlavonBay is operating the combined properties as one entity(421 homes). AvalonBay is currently proceeding with the repair and renovation of both properties to make both more "liveable" for residents. This work includes new exterior paint for Sunpointe, deck repairs, new paint and carpet in the interior hallways, and new carpet, vinyl, paint and appliances as needed in the apartments. At Avalon Ridge, exterior repairs include new vinyl siding, deck and railing repairs, and similar interior renovations as those at Sunpointe. At both properties significant recreational improvements are also proposed, as discussed below. gl The original P.U.D. for Avalon Ridge required the construction of a pool at the leasing center. Our renovation program contemplates removal of this pool. The purpose of this letter is to justify the pool removal by showing that the recreational facilities afforded residents of the community will be significantly increased as a result of additions during the renovation, despite the removal of the pool. In addition, removing the pool and adding parking immediately adjacent to the leasing center will eliminate the need for prospective and current residents to cross Stevens Avenue S.W. from the parking on the east side of the street to access this facility. This will improve the pedestrian traffic around the facility and thereby increase resident safety. The existing pool is one of three swimming pools located in the community. In addition to the pools, the apartment complex also features a tennis court, children's center and whirlpool spas as described in Attachment 'A,' Parts 1 and 2, "Existing Operating Amenities" and "Existing Non Operational Amenities" respectively. With the exception of the children's center, these are outdoor facilities, subject to inclement weather throughout much of the year. The pool facilities are typically closed for the season from Labor Day to Memorial Day. The total facilities proposed upon completion of the renovation are a combination of interior and exterior uses as described in Attachment 'A,' Part 3, "Total Facilities Proposed - Post Renovation". In our opinion, this mix of uses will offer significantly more recreational "utility" to residents by providing a better mix of seasonal versus non seasonal uses, a much higher average availability of 285 days per year per typical amenity as evidenced by our summary of the mix of amenities, their seasonal or non seasonal nature, as well as a larger amount of net usable recreational gross square footage in the community. Specifically, the proposed computer center addition will include a state-of- the-art computer terminals with high-speed Internet access, a new type of facility not currently offered in the resident complex, the new social hall will double the square footage of large social gathering space currently available and will include a new kitchen suitable for a variety of community events and the barbecue and picnic areas will significantly increase the areas for passive recreation. Attachment `B' illustrates the disbursement of amenities throughout the Avalon Ridge Complex. In summary, we request approval for pool removal at the Leasing Center, based on the net recreational benefit which would be achieved as a result of the proposed renovation package. Please do not hesitate to contact me if you have any questions, or require additional documentation following your review of this letter and attachments. 1 Attachment 'A': Avalon Ridge Apartment Complex Recreation Facilities Summary Part 1 - Existing Operating Amenities Amenity Number Gross Sq. Annual Availability Exposure Comments Footage Swimming Pool Three(3 7,700 GSF 180 days/year exterior operational - leasing center, Sunpointe & children's center ) Whirlpool Spa One (1) 250 GSF 365 days/year exterior operational - leasing center Tennis Court One (1) 7,200 GSF 180 days/year exterior operational - back of property Total Square Footage 15,150 Average Availability 242 days/year Part 2 - Existing Non Operational Amenities Amenity Number Gross Sq. Annual Availability Exposure Comments Footage Whirlpool Spa One (1) 250 GSF 0 days/year interior not operational - at children's center Children's Center One (1) 3,600 GSF 100 days/year interior current state of disrepair minimizes use Total Square Footage 3,850 GSF Average Availability 50 days/year Part 3 -Total Facilities Proposed - Post Renovation Amenity Number Gross Sq. Annual Availability Exposure Comments Footage Swimming Pool Two (2) 6,000 GSF 180 days/year exterior maintain existing New Exercise Facility One 1,800 GSF 365 days/year interior addition of exercise facility and resident lounge Whirlpool Spa Two (2) 250 GSF 365 days/year exterior add one, remove one, repair current non-operational Tennis Court One (1) 7,200 GSF 180 days/year exterior maintain existing Children's Center One (1) 3,600 GSF 365 days/year interior To be renovated with new kitchen, TV room, crafts and game rooms Computer Center One (1) 310 GSF 365 days/year interior To be added to 2nd floor of leasing center Social Lounge / One (1) 570 GSF 365 days/year interior To be added to 2nd floor of leasing center Kitchen Picnic Areas Two (2) 2,700 GSF 180 days/year exterior See plans - BBQ and picnic areas at two new locations Total Square Footage 22,430 GSF Average Availability 285 days/year AvalonBay 11808 Northup Way,Suite W311 A Bellevue,WA 98005 • Tel(425)576-2100 • Fax(425)576-8447 Communities Construction Mitigation Description Project Name: Avalon Ridge Apartments Location of Site: 510 Stevens Way SW,Renton, Washington 98055 The proposed construction on the Leasing Center renovation is scheduled to commence October 21, 1999 and will be completed January 26, 2000. Hours of operation will be 7:00 AM to 5:30PM This work will not require hauling/transportation routes to be identified There will be no dust, traffic and transportation impacts from work operations on this project. This work does not anticipate erosion,mud, noise or other noxious characteristics. No specialty hours are required for the performance of this renovation work and it will not require a traffic control plan Ci7Y OF AvalonBay 11808 Northup Way,Suite W311 • Bellevue,WA 98005 • Tel(425)576-2100 A Fax(425)576-8447 Communities Parking Analysis Attachment to Site Plan Submittal Requirement No. 12 Project Name: Avalon Ridge Apartments Location of Site: 510 Stevens Way SW,Renton, Washington 98055 Zoning Designation of Site and Adjacent Properties: RM-I Number of stalls Required by code: Voluntary upgrade to provide new ADA accessible and customer convenience parking Total number of stalls proposed: Seven Location and number of: ADA accessible stalls: One new planned. See site plan page A 1.1 Compact stalls: N/A Employee stalls: No change to existing Guest parking stalls: Six new planned. See site plan page A 1.1 Sizes of various types of stalls proposed: See site plan page A 1.1 Angle of stalls: N/A Location and size of curb cuts: N/A Traffic flow within the parking, loading, and maneuvering areas and ingress and egress: Head-in parking off private two-way drive Location of wheel stops: See site plan page A 1.1 Loading space: N/A Number of stacking spaces: N/A Location and dimension of any bicycle racks,bus shelters, carpool parking spaces, site access accommodation facilities: N/A DEVELOPi\fiErT pi.l,": G CITY OF RENTO� Mb .61 1�99 RECEIVED •• CITY c/F RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 23, 1999 Walter Braun AvalonBay Communities 11808 Northup Way, Suite W311 Bellevue, WA 98055 Subject: Restrictive Covenant-Avalon Ridge Apartments Dear Mr. Braun: The City's Attorney has finished reviewing the restrictive covenants for the Avalon Ridge Apartments and has found the document acceptable for recording. However, the Property Services section has found a few errors in the legal description (see attached). Although the City will not require the corrections, they are recommended in order to ensure the accuracy of the legal descriptions. A copy of the recorded document will be required prior to the approval of the land use permit for the leasing center addition. If you have any further questions regarding this matter, please call me at (425)430-7270. Sincerely, 4/Li) 1?-.CD Lesley NisIfihira Project Manager Attachments 1055 South Grady Way-Renton,Washington 98055 TL.ic.. nnr rnnln inc Fllo/ rnr,rlurl m�fnri�l .)AO nncl rnnc,mne CITY . F RENTON ..u. Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren DEVELOPMENT PLANNING CITY OF RENTON MEMORANDUM AUG 1999 RECEIVED To: Leslie Nishihara, Development Planning From: Lawrence J. Warren, City Attorney Date: August 19, 1999 Subject: Restrictive Covenants for Avalon Ridge Apartments 510 Stevens Avenue S.W. I have reviewed the above-referenced document and the same is approved as to legal form. Lawrence J. arren LJW:as. cc: Jay Covington A8:164.36. • Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ®This paper contains 50%recycled material,20%post consumer • CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: August 6, 1999 TO: Lesley Nishihira FROM: Sonja J. Fesser SUBJECT: Avalon Ridge Apartments Restrictive Covenant Legal Descriptions Review Bob Mac Onie and I have reviewed the above referenced legal descriptions and find them to be satisfactory. However, see the highlighted items on the copy of Exhibit A-4 (attached)that are, or may be, in error. The applicant may want to make the changes noted in said attachment to assure the accuracy of the legal descriptions. However,the city is not requiring that they be corrected for the purpose of this restrictive covenant document. The abbreviated legal on page 1 of of the covenant document should note that a portion of the SE '/A of Section 13, Township 23 North, Range 4 East, W.M. is included in said legal. \\TS_SERVER\SYS2\COMMON\\\TS_SERVER\SYS2\USR\SFESSER\avalonrc.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: AvalonBay Communities 11808 Northup Way, Suite W3111 Bellevue, Washington 98005 [SPACE ABOVE THE LINE IS FOR RECORDER'S USE RESTRICTIVE COVENANT GRANTOR AVALONBAY COMMUNITIES, INC., a Maryland corporation -P+n, 5E7 y4 52� ��- LEGAL Ptn. SW 1/4, Sec. 18, T23N, R5E, W.M. DESCRIPTION The complete legal description is on Exhibit A. ASSESSOR'S TAX PARCEL NO. 214370-1215-08 THIS RESTRICTIVE COVENANT is dated this day of June, 1999, and is made by AVALONBAY COMMUNITIES, INC., a Maryland corporation, successor in interest, by merger to BAY APARTMENT COMMUNITIES, INC., a Maryland corporation ("Bay"). 1. Avalon is the owner of the real property ("Property") in King County, Washington, legally described on the attached Exhibit A and generally depicted on the drawing attached as Exhibit B. 2. Avalon hereby declares and covenants that the two parcels that comprise the Property shall not be separately assigned, transferred, encumbered or conveyed in any manner. The Property may only be assigned, transferred, encumbered or conveyed in its entirety as a single piece of realty. 3. This Covenant is made pursuant to requirements of the City of Renton as a condition to the issuance of building permits in connection with a multi-family apartment development known as Avalon Ridge Apartments. This Covenant may not be amended or terminated except with the written approval of the City of Renton. RESTRCOVO62299.DOC - 1 - RESTRICTIVE COVENANT COKE-.;.".-, FEET TO THE N TH LINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WIT THE NORTH LINE OF SAID BLOCK 10; THENCE SOUL" 80°29'58" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO INTERSECT T4E NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SO 18°27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QIIARTS OF SAID LOT 28; THENCE SOUTH 80°29'58" WEST 9.06 FEET ALONG. THE WESTERLY PRODUCTION OP THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 101 THENCE SOUTH 18°27'39" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT THE WESTERLY PRODUCTION OF THE SOUTH LINE OF SAID LOT 28; _t'oo shorr ? THENCE SOUTH 71°32'21" EAST(109.32,' FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON-THE WESTERLY LINE OF THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY AND WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 29°56'06" WEST 85.73FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°03'54" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59°50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 29°54' 08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OP WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIG:-IT THROUGH A CENTRAL ANGLE OF 101°32'13" AN ARC DISTANCE OF35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18°21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 81°32' 09" WEST 165.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 08°27'51" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OP 37°00'00" AN ARC DISTANCE OF 174.3G FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 • NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; EXHIBIT A - 4 AvalonBay , p0 . Tel 42 76-2100 • Fax 42 7Cr8447 11808 Northup Way,Suite W311 • Bellevue,WA 98 5 ( 5)5 ( 5)5 Communities DEVELOPMENT PLANT 11NG CITY OF RENTON AUG 31 1999 July 7, 1999 RECEIVED City of Renton,Development Services Division Attn.: Lesley Nishihira, Assistant Planner Renton City Hall - 6th Floor 1055 South Grady Way Renton, WA 98055 Re: Restrictive Covenant-Avalon Ridge Property Pre-Application File No. 99-28 Dear Ms. Nishihira, As discussed during our pre-application meeting of April 12th, we have drafted a Restrictive Covenant for the Avalon Ridge property to satisfy your concerns about the possibility of selling the two lots that make up this property separately. Enclosed are two copies. This document, together with our redesign of the leasing center addition, will allow us to meet the current setback restrictions and meet all other Zoning/Development Standards discussed during the meeting. Please forward one copy to your legal council for comments and approval. Once we have your approval, we will issue the final document and record it together with the permit application. If you have any questions, please don't hesitate to call me at(425) 576 - 2117. Sincerely, AvalonBay Communities, Inc. Walter W. Braun Director of Construction cc: file RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: AvalonBay Communities 11808 Northup Way, Suite W3111 Bellevue, Washington 98005 (SPACE ABOVE THE LINE IS FOR RECORDER'S USE RESTRICTIVE COVENANT GRANTOR AVALONBAY COMMUNITIES, INC., a Maryland corporation LEGAL Ptn. SW 1/4, Sec. 18, T23N, R5E, W.M. DESCRIPTION The complete legal description is on Exhibit A. ASSESSOR'S TAX PARCEL NO. 214370-1215-08 THIS RESTRICTIVE COVENANT is dated this day of June, 1999, and is made by AVALONBAY COMMUNITIES, INC., a Maryland corporation, successor in interest, by merger to BAY APARTMENT COMMUNITIES, INC., a Maryland corporation ("Bay"). 1. Avalon is the owner of the real property ("Property") in King County, Washington, legally described on the attached Exhibit A and generally depicted on the drawing attached as Exhibit B. 2. Avalon hereby declares and covenants that the two parcels that comprise the Property shall not be separately assigned, transferred, encumbered or conveyed in any manner. The Property may only be assigned, transferred, encumbered or conveyed in its entirety as a single piece of realty. 3. This Covenant is made pursuant to requirements of the City of Renton as a condition to the issuance of building permits in connection with a multi-family apartment development known as Avalon Ridge Apartments. This Covenant may not be amended or terminated except with the written approval of the City of Renton. RESTRCOV 062299 DOC - 1 - RESTRICTIVE COVENANT 4. This Covenant shall be terminated upon the recording of a lot line adjustment approved by the City of Renton. 5. This Covenant runs with the land and is binding upon all owners of the Property. DATED the year and day first above written. AVALONBAY COMMUNITIES, INC., a Maryland corporation By: Its STATE OF WASHINGTON ) ) ss. County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of AVALONBAY COMMUNITIES, INC. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of , 1999. Notary Public in and for the State of Washington Name (printed): residing at My appointment expires: RESTRCOV O62299.00C -2 - RESTRICTIVE COVENANT EXHIBIT A TO RESTRICTIVE COVENANT PROPERTY DESCRIPTION The Property referred to in this Subordination Agreement is in the County of King in the State of Washington and is legally described as follows: Seven(7)pages of legal descriptions are attached numbered Exhibit A-1 through A-7 and are incorporated here by this reference RESTRCOV O62299.DOC -3 - RESTRICTIVE COVENANT PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINNE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, • VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING CN THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 39°50'39" WEST 664.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 WHICH IS THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE SOUTH 71°34'15" EAST 310.06 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 21, SAID BLOCK 12; THENCE NORTH 18°27'19" EAST 200.51 FEET ALONG T M NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OF WAY LI_NE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; THENCE NORTH 88°27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY .RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76°13'16" EAST 108.80 FEET ALONG THE NORTHERLY LINE OF SAID LOT B TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF TEAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 32°57"51' WEST 150.01 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF SEE NEXT PAGE EXHIBIT A- WHICH EXTENDS SOUTH 57°02'09" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27°17'12", AN ARC DISTANCE OF 157.16 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 84°19'21" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 81°47'12", AN ARC DISTANCE OF 28.55 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87°27'51" WEST 38.50 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OP WHICH EXTENDS NORTH 02°32'09" WEST 270.00 FEET; THENCE ALONG AN ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21°00'00", AN ARC DISTANCE OF 98.96 FEET TO A POINT OF TANGENCY; THENCE NORTH 71°32'09" WEST 253.54 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18°27'51" EAST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 33°33'26", AN ARC DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 52°01'17" WEST 45.00 FEET; THENCE ALONG THE ARC CF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 85°20' 13", AN ARC DISTANCE OF 67.02 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10' 04" EAST; THENCE NCRTHH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT • ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO TEE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN ICING COUNTY, WASHINGTON; THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF LOT B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE NORTH 80°29'58" EAST 138.30 FEET ALONG THE NORTH LINE OF SAID LOT B TO A ?OINT ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650; THENCE SOUTH 09°30'02" EAST 90.63 FEET ALONG THE EAST LINE OF SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND 3, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER - 8703169001; EXHIBIT As THENCE SOUTH 45°27'51" WEST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADCUSTMENT NO. 017-96 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 75°27'51" WEST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 79°05'02" WEST 69.72 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE EASTERLY LINE; OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A ZOINT ON A CURVE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 79°05'02° EAST 270.00 FEET; THENCE ALONG SAID EASTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT TI-UtOUGH A CENTRAL ANGLE OF 22°02'53", AN ARC DISTANCE OF 103.90 FEET TO THE TRUE POINT OP BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°2S'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF TEE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OP WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 76°33'09" EAST 310.48 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 44'32'09° WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 45°27'51" EAST 270.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 55°27' 07" AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER • RECORDING NUMBER 8703169004; THENCE SOUTH 79°05'02" EAST 69.73 FEET ALONG SAID NEW LOT LIVE; THENCE NORTH 75°27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45°27'51" EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE NORTH 9°30'02" WEST 30.63 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; THENCE NORTH 80°29'58" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK 11, ITS EASTERLY PRODUCTION, AND THE NORTH LINE OF BLOCK 10, SAID PLAT OF EARLINGTON TO THE NORTHEAST CORNER OF THE WEST 10.00 FEET OF LOT 2, SAID BLOCK 10; THENCE SOUTH 18°28'49" WEST 100.27 FEET ALONG THE EAST LINE OF SAID WEST 10.00 EXHIBIT .k3 FEET TO THE NORTH LINT OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK 10; THENCE SOUTH 80°29'58" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QUARTER OF SAID LOT 28; THENCE SOUTH 80°29'58" WEST 9.06 FEET ALONG. THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 10; THENCE SOUTH 18°27'38" WEST 16.15 ?EET ALONG SAID CENTERLINE TO INTERSECT THE WESTERLY PRODUCTION OF THE SOUTH LINE OF SAID LOT 28; THENCE SOUTH 71°32'21" EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OF TEE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED CNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY AND WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 29°56' 06" WEST 85.73 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°03'54" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59°50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 29°54' 08" EAST 57.11 FEET TO A POINT O? CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101°32'13" AN ARC DISTANCE OF :35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18°21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 81°32' 09" WEST 105.25 FEET TO A POINT 0? CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 08°27'51" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OP 37°00'00" AN ARC DISTANCE OF 174.3G FEET TO THE TRUE POINT OF BEGINNING: TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OP SECTION 18, TOWNSHIP 23 • NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04' EAST; THENCE NORTH 44'25'22" REST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OP WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF TME BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; EXHIBIT A - 4 THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF LOT A. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: NORTH 32°57'51" EAST 2.60 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 57°02'09" WEST 430.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°30' 00" AN ARC DISTANCE OF 108.82 FEET TO A POINT OF TANGENCY; • THENCE NORTH 18°27'51" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 71°32'09" EAST 30.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 64°17'58" AN ARC DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 07°14'11" WEST 1,492.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 03°56'14" AN ARC DISTANCE OF 102.55 FEET TO A POINT OF NONTANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF LOT A. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE SOUTH 80°29'58" WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MER:DI_AN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10' 04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD. SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 07°24'23" EAST 464.07 FEET; THENCE NORTH 71°32'09" WEST 135.00 FEET; THENCE NORTH 23°22'38" WEST 129.26 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 12, SAID PLAT OF EARLINGTON; THENCE NORTH 18°27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; EXHIBIT / 5. THENCE NORTH 88°27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SUU'1'H 71°36'13" EAST 40.01 FEET AONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 18°27'31" EAST 112.47 FEET ALONG THE SOUTHERLY PRODUCTION OF THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; THENCE NORTH 88°27'37" EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 01°32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00°55'24", AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF TIIE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02°27'47" EAST 30.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS. CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 110°55'38" AN ARC DISTANCE OF 58.08 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18°27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT OF CURVATURE THE RADLLL BEAR:NG OF WHICH EXTENDS NORTH 71°32'09" WEST 370.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 14°30' 00" AN ARC DISTANCE OF 93 .64 FEET TO THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE NORTH 76°13'16" WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING CN TEE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 71°29'12" WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE EXHIBIT A- 6 SOUTHWEST CORNER OF SUNPOINTE CONDOMINIUM, PHASE I, AS RECORDED IN VOLUME 64 OF CONDOMINIUMS, PAGES 75 THROUGH 85 UNDER KING COUNTY RECORDING NUMBER 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18°27'51" EAST 91.76 FEET; THENCE NORTH 41°27'51" EAST 75.00 FEET; THENCE NORTH 18°27'51" EAST 130.00 FEET TO THE SOUTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: NORTH 71°32' 09" WEST 25.00 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 18°27'51" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 33°33'26" A DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 15°05'35' WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 161°46'40" AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005: THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE C 'T_ERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27' 03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE NORTH 71°34'15" WEST 215.66 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5°26'21" EAST 1,502.39 FEET; THENCE ALONG SAID SOUTHERLY RIGH_ OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°59'25" AN ARC DISTANCE OF 209.52 FEET; THENCE SOUTH 18°27'51" WEST 260.00 FEET; THENCE SOUTH 89°27'51" WEST 70.00 FEET; THENCE SOUTH 18°27'51" WEST 154.00 FEET; THENCE SOUTH 52°32' 09" EAST 70.00 FEET; THENCE SOUTH 18°27'51" WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PACIFIC COAST RAILROAD RIGHT OP WAY; THENCE SOUTH 71°29'16" EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF WAY BOUNDARY TO THE TRUE POINT OF BEGINNING. EXHIBIT -; In 13 i • :, 1 c.-;1 ''' /s'il- -1..gg.' L'' f.:/ / 4'; . • 7 . '/ d • ' s t ` 604. ' c ` 1� it. O3. it vt.i s • ,, moqiiii. .. . ...::::.:7- . ; . itifiati . , . 14W41 0 , .r''C" ,-: SW S'UNSt r BQvh . ---:`L1` : ' .•' •• I-0., i rii . •!�1\1a��itxj •�l� Tiny1� r.r"?��-vg v.• .`l itittY• i 1••�rii,or 4'..1',100iiVf.e �=" ' ''• 211• 's .0• ~ izt ., ft.'w-'Ale:itiv\$\:11#70114,Q) , 44,461.4k'OiliiI)114/t1;I's& a '-'1N t A.A814,1 N ist-'4' ' ' • 4 .•'0' 4t i 4. a . V&A .‘44YANOIMAIIZOA*47#4**:411'• \''' Aitt•Aq—'r/1*-'''4 . '.":-. .ikilli,71.- to : '"" ‘ • . vl---alky* Ilitt VA tRrivefrItVAil. &•) AVVii'Ve*VAVViklikaYIF e% -', 0 k`. . i, loyitoitske: . ...Ak ',.,, , vti#4,% 4 at S.%Vir 0).44:4ii1,0#4;:k 4 't:‘ 'Av. , ' 4. i E .. .., __ , ., ,. .... _. . .1 .A.m, .2,_. At. '.•,rfr 6 A AN . VI 1..44SitsAi •.1-••\ ittat 11644.14...11# .4111,:wl. ''''. ,.. ..„),\ ‘, ..,,41.,,,,,,,: . ,s.:..., ,,,,, . .."4:tie% A,.-tAi. kl,4 %Atart-A A in, it-ihvt .-s4' i'": - '-.3 ,, '•,,,1 .:1..‘ '4i.a .titiolt,',4.,,, 43:„..........„:1,k1t:Tia: 'Zt.::.........,..s\:#04.70. 1::010:4,,., 1, ..,s112s4t. v,...1:4._..017:1:0::\Nitskl.;:kiwl.ti:..):1:::1...:14:..,,IP:,:.,.::,,.:::Iii;::::.1.:":".:44::::;:k.t.rtillist.',...1.4.‘.‘1. (1..\‘.1,,,, ku.. elott jor,,- 6-1' P All'atTlv 1 AA'it AtitAkAVA VAVOSAIkvt Vs r—'''''' -_,.,. . . -,k, • ‘fift‘vitit*otii'' .- ;- -,.. .. 1-v,144,1,00,10,3‘,.kfm7‘,.7 ,i. \ 4,40 10c A iNr . .. 4 A*tintre .14110.AltS4 4r :\\W‘VtliatiltSVIZOk*1 11; .n•''"'•, ':;'% '•.., ' ^:-; *SA Oh' I- V tAlsIt'AtVl k*tV' ;1 , 0 ,-_, 0 .., 0..,.: ra- • D—, RTMF�PIT OF St6SM NT i AND 'TAXATION APPROVED FOR RE.20RD •ARTICLES OF MERGE D4 U at ��2 MERGING AVALON PROPERTIES, INC. (a Corporation of the State of Maryland) D�,, LO r • C/ P� `PJr With and Into �OF�FiV Q�'`f%��G AOC BAY APARTMENT COMMUNITIES, INC. 3/ 15�� (a Corporation of the State of Maryland) ��1/ FIRST: Each of Avalon Properties, Inc., a corporation organized and existing under the laws of the State of Maryland ("Avalon"), and Bay Apartment Communities, Inc., a corporation organized and existing under the laws of the State of Maryland ("Bay"), agree that Avalon shall be merged with and into Bay. The terms and conditions of the merger and the mode of carrying the same into effect are as herein set forth in these Articles of Merger. SECOND: Bay shall be the successor corporation in the merger and, pursuant to the Articles of Amendment and Restatement of Articles of Incorporation referenced in Article SEVENTH hereof, at the Effective Time (as defined in Article TENTH hereof) shall be renamed "Avalon Bay Communities, Inc." THIRD: The principal office of Avalon in the State of Maryland is•located in Baltimore City. The principal office of Bay in the State of Maryland is located in Baltimore City. FOURTH: Avalon owns interests in land located in the following counties of the State of Maryland: Howard County and Montgomery County. FIFTH: The terms and conditions of the transaction set forth in these Articles of Merger were advised, authorized, and approved by each corporation party to such Articles of C hnrtlhy certify that Wiz in n t r rya 'nce c3nowao>wt maxi : `-- �f an rile j.a } io �,f9'.l.c�R. I�{+r'Y�: MATT: W(�?� Q�'J�A' t74+ 1J :WI�B Ar I wt ei c ;tl sml� rc lrsctarr Clietodinn pre./cu. oectifAcelicac r.yatecc. Effective: 6/95 1 Merger in the manner and by the vote required by its charter and the laws of the State of Maryland. The manner of approval by Avalon and Bay of the transactions set forth in these Articles of Merger was as follows: (A) Avalon The Board of Directors of Avalon adopted resolutions at a meeting held on March 8, 1998, which declared that the transaction set forth in these Articles of Merger is advisable and directed that the transaction be submitted for consideration at a special meeting of the stockholders of Avalon. Notice which stated that a purpose of the meeting was to act on the transaction contemplated by these Articles of Merger was given in the manner required by the applicable provisions of the Maryland General Corporation Law ("MGCL") to each stockholder entitled to such notice. The transaction contemplated by these Articles of Merger was approved by the stockholders of Avalon at a special meeting of stockholders on June 4, 1998, by the affirmative vote of more than two-thirds of all the votes entitled to be cast on the matter in accordance with the charter of Avalon and the MGCL. (B) Bay The Board of Directors of Bay adopted resolutions at meetings held on March 8, 1998 and April 24, 1998, which declared that the transaction set forth in these Articles of Merger is advisable and directed that the transaction be submitted for consideration at the annual meeting of stockholders of Bay. Notice which stated that a purpose of the meeting was to act on the transaction contemplated by these Articles of Merger was given in the manner required by the applicable provisions of the MGCL to each stockholder entitled to such notice. The transaction contemplated by these Articles of Merger was approved by the stockholders of Bay -2- • at the annual meeting of stockholders on June 4, 1998, by the affirmative vote of more than two-thirds of all the votes entitled to be cast on the matter in accordance with the charter of Bay and the MGCL. SIXTH: The total number of shares of all classes of stock which each corporation party Y to these.Articles of Merger has the authority to issue immediately prior to the merger contemplated by these Articles of Merger and the number of shares of each class are as follows: (A) Avalon The total number of shares of all classes of stock which Avalon has authority to issue immediately prior to the merger contemplated by these Articles of Merger is one hundred fifty million (150,000,000) shares, consisting of(i) twenty million (20,000,000) shares of preferred stock, par value $.01 per share (of which 4,600,000 shares have been designated and classified 9.00% Series A Cumulative Redeemable Preferred Stock, par value $.01 per share, and 4,600,000 shares have been designated and classified 8.96% Series B Cumulative Redeemable Preferred Stock, par value $.01 per share); (ii) eighty million (80,000,000) shares of common stock, par value $.01 per share; and (iii) fifty million (50,000,000) shares of excess common stock, par value $.01 per share. The aggregate par value of all shares of all classes of Avalon stock is'One Million Five Hundred Thousand Dollars ($1,500,000). (B) Bay The total number of shares of all classes of stock which Bay has authority to issue immediately prior to the merger contemplated by these Articles of Merger is eighty-five million (85,000,000) shares, consisting of(i) twenty-five million (25,000,000) shares of -3- preferred stock, par value $.01 per share (of which 2,308,800 shares have been designated and classified Series A Preferred Stock, par value $.01 per share, 425,000 shares have been designated and classified Series 13 Preferred Stock, par value $.01 per share, 2,300,000 shares have been designated and classified 8.50% Series C Cumulative Redeemable Preferred Stock, par value $.01 per share, 3,450,000 shares have been designated and classified 8.00% Series D Cumulative Redeemable Preferred Stock, par value $.01 per share, and 1,000,000 shares have been designated and classified Series E Junior Participating Cumulative Preferred Stock, par value $.01 per share); (ii) forty million (40,000,000) shares of common stock, par value $.01 per share; and (iii) twenty million (20,000,000) shares of excess common stock, par value $.01 per share. The aggregate par value of all shares of all classes of Bay stock is Eight Hundred Fifty Thousand Dollars ($850,000). SEVENTI-I: Upon the Effective Time, the Articles of Amendment and Restatement Articles of Incorporation of Bay (the "New Charter"), which are attached hereto as rzabjLA shall be the charter of the successor corporation to be effected as part of the merger. The New Charter provides, among other things, that upon consummation of the merger contemplated by these Articles of Merger Avalon Bay Communities, Inc. ("Avalon Bay"), the successor in the merger, is authorized to issue a total of three hundred seventy million (370,000,000) shares, consisting of(i) filly million (50,000,000) shares of preferred stock, par value $.01 per share (of which 2,308,800 shares have been designated and classified Series A Preferred Stock, par value $.01 per share, 425,000 shares have been designated and classified Series B Preferred Stock, par value $.01 per share, 2,300,000 shares have been designated and classified 8.50% Series C Cumulative Redeemable Preferred Stock, par value $.01 per share, 3,450,000 shares -4- • have been designated and classified 8.00% Series D Cumulative Redeemable Preferred Stock, par value $.01 per share, 1,000,000 shares have been designated and classified Series E Junior Participating Cumulative Preferred Stock, par value $.01 per share, 4,455,000 shares have been designated and classified 9.00% Series Cumulative Redeemable Preferred Stock, par value $.01 per share, and 4,300,000 shares have been designated and classified 8.96% Series G Cumulative Redeemable Preferred Stock, par value $.01 per share); (ii) three hundred million (300,000,000) shares of common stock, par value $.01 per share; and (iii) twenty million (20,000,000) shares of excess stock, par value $.01 per share. The aggregate par value of all shares of all classes of Avalon Bay stock is Three Million Seven Hundred Thousand Dollars ($3,700,000). EIGI-ITH: Upon the Effective Time, Avalon shall be merged with and into Day; and, thereupon, all leases, licenses, property, rights, privileges, and powers of whatever nature and description of Avalon shall be transferred to, vested in, and devolved upon Bay, without further act or deed, subject to all of the debts and obligations of Avalon. The manner and basis of converting or exchanging issued and outstanding stock of Avalon into stock of Bay in the merger is as follows: (A) From and after the Effective Time, each holder of an outstanding certificate or certificates which prior thereto represented shares of common stock, par value $.01 per share aye ("Avalon Common Stock"), of Avalon (and the attached preferred share purchase rights associated with Avalon's shareholder rights agreement) shall, upon surrender of the same, be entitled to receive a certificate representing 0.7683 of a share of common stock, par value $.01 per share, of Bay (and the attached preferred share purchase rights associated with Bay's -5- r - distributions, if any, will be accrued and paid, without interest, to the stockholder upon surrender of his or her certificate or certificates which represented shares of Avalon stock. NINTH: All issued and outstandingshares of Bay stock shall remain issued and outstanding stock of the same designation and class of the successor in the merger. TENTH: These Articles of Merger shall become effective at 10:00 p.m. (Baltimore, Maryland time) on June 4, 1998 (the "Effective Time"). ELEVENTH: Each undersigned President acknowledges these Articles of Merger to be the corporate act of the respective corporate party on whose behalf he has signed, and further, as to all matters or facts required to be verified under oath, each President acknowledges that to the best of his knowledge, information and belief, these matters and facts relating to the corporation on whose behalf he has signed are true in all material respects and that this statement is made under the penalties for per jury. [Remainder of page left blank intentionally] -7- • • . r • ' . shareholder rights agreement) for each share of Avalon Common Stock surrendered by such holder. Any holder of Avalon Common Stock who would otherwise be entitled to receive a fractional share of Bay common stock will receive in lieu thereof an amount of cash (without interest) equal to the product of such fraction and the average of the last sale prices of Bay common stock, as reported by the New York Stock Exchange Composite Transactions reporting system, for the five trading days immediately preceding the date on which the merger is consummated. (D) From and after the Effective Time, each holder of an outstanding certificate or certificates which prior thereto represented shares of 9.00% Series A Cumulative Redeemable Preferred Stock ("Avalon Series A Preferred Stock"), par value $.01 per share, of Avalon shall, upon surrender of the same, be entitled to receive a certificate representing one share of 9.00% Series F Cumulative Redeemable Preferred Stock, par value $.01 per share, of Bay for each share of Avalon Series A Preferred Stock surrendered by such holder. (C) From and after the Effective Time, each holder of an outstanding certificate or certificates which prior thereto represented shares of 8.96% Series B Cumulative Redeemable Preferred Stock, par value $.01 per share ("Avalon Series B Preferred Stock"), of Avalon shall be entitled to receive a certificate representing one share of 8.96% Series G Cumulative Redeemable Preferred Stock, par value $.01 per share, of Bay for each share of Avalon Series B Preferred Stock surrendered by such holder. (D) Until the certificates, which prior to the Effective Time represented shares of Avalon stock, have been surrendered, the holder thereof shall not be entitled to receive any dividend or other distribution, if any, payable to Bay's stockholders, All dividends or other -6- �. 1 • , r IN WITNESS WHEREOF, Avalon Properties, Inc., a Maryland corporation, and Day Apartment Communities, Inc., a Maryland corporation, the parties to the merger, have caused these Articles of Merger to be signed in corporate name and on their behalf by their respective Presidents and witnessed or attested by an Assistant Secretary or Secretary all as of the -gym day of June, 1998. AVALON PROPERTIES, INC., a Maryland Corporation Dy: 6.7,zeppi_ Charles II. Berman (SEAL) President Attest: qo et Joanne Lockridge Assistant Secretary DAY APARTMENT COMMUNITIES, INC., a Maryland Corporation • By: C d SEAL • bert M. Meyer ) 'resident Attest: I : C3. V I)-- orf :. Van Horn etary DOCSC\630448.6 •w i 10/'OJAN.. 8:19964, _3: 90M410 385 3700 MILES&STOCKBRIDG N0.158 P. lit1002 •`, !.:l./:.".!,.•r,!}•.r.,..r,!.•,....y!•!..!y.�.•�!!•i.:,•nU•,.. . •i ..�,,•ii� a a .:•. r q;�•,;'•,.:.•r,N9;r.. : EFF OF MAR yi, la ti, $c Akb 1...! 671174 tt STATE DEPARTMENT OF ii ASSESSMENTS AND TAXATIONli 301 West Preston Street Baleimore, Maryland 2/201 Z. 1. • • DATA:': OCTOBER 02 , 1998 r . •5# 4 .111 THIS Ts TO AUVI SE YOU THAT THE ARTICLES OF AMENDMENT UI 7H A NAME ri CHANGE FOf',. AVAI..cN BAY c COMMUNITIES , INC .I NC !�HANGI NG TO AVAL ONSAY CCNMI,INI TI f S•. L LC WERF RECEIVE;n AND APPROVED FOR RECORD ON OCTOBER 2 , 199e AT 11 :43 AM . 41 FEE PAID : 79 .00 46. NY I S ve: T1,NNS\ r. `yam V ._. 7 g vit-ey%, ,it › .., . , ,,, „L„..,.) *„i . -7 Li low s P JQSEPH V . STEUART CHAR1 }R SPECIAILIST AT5-•03I ii • i; yl',•.Ly.-,',\i'i.\T%1-,'i.sii,i\1fr.\1'ii;'••�„ ?-, r',�� RECEIVED TIMEOCT. a. 3: 09PM 11.eIJAN. 8. 19961a= 3:00AM 410 ass 3700 MIIESB:STOCTBRIDG NO. 158 P.3 �ooa ARTICLES OF AMENDMENT RECEIVED AMENDING THE CHARTER OF OCTTO 1 AVALON BAY COMMUNITIES, INCH -2 43 • • ASSES & IA: Avalon Bay Communities, Inc.,a Maryland corporation (the"Corporation"), certifies as follows: FIRST: That the Corporation's Charter is hereby amended b .�r,t rJ �� (A) deleting Article I, Section 1.3 in its entirety and inserting the following in lieu thereof: 1.3 The total number of shares of Stock which the Corporation has authority to issue is two hundred ten million(210,000,000) shares, consisting of (i) fifty million(50,000,000) shares of preferred Stock; (ii) one hundred forty million (140,000,000) shares of Common Stock; and (iii) twenty,million (20,000,000)shares of excess stock, par value S.01 per share ("Excess Stock"). The aggregate par value of all the shares of ail classes of Stock is S2,100,000_ (13) deleting Article II in its entirety and inserting the following in lieu thereof: ARTICLE II NAME The name of the Corporation is: "Avalonflay Communities, Inc." '// ,; _•. . ` ISatOre a tt>•nyravn F1 - `frrebY certify thg ?ii C ta Lt • tsvo and l --:'..a doe war an tile irr-thI. fZi . DAT=lat:o c i i a?A'!E DQP ]7 S�f:b atD iY Y;' atatnP zp1a� ou �r revicva core ' ' ,9 t RECEIVED TIMEOCT• 2, 3: 09PM lOIoJAN. 8. 19964: 3:01AMQ STOCKBRIDG 10 ass 3700 MILES& N0. 158 P.4 RIooa (C) deleting the first two sentences of Article VII,Section 7.1 in their entirety and inserting the following in lieu thereof 7.1 AULhialized_Stack. The total number of shares of Stock which the Corporation has authority to issue is two hundred ten million(210,000,000) shares, consisting of(i) fifty million (50,000,000)shares of Preferred Stock,par value S.01 per share; (ii) one hundred forty million(140.000,000) shares of Common Stock,par value S.0I per share; and (iii) twenty million (20,000,000) shares of Excess Stock.par value S.01 per share. The aggregate par Value of all the shares of all classes of Stock is S2,100.000. Sa_c_Qh07 The foregoing amendments to the Corporation's Charter were advised by the Board of Directors of the Corporation and were approved by the stockholders of the Corporation at a Special Meeting of Stockholders held on October 2, 1998. [Remainder of Page Left Blank Intentionally) 2 RECEIVED TIMEOCT. 2. 3: 09PM 4,,,,,J1-111. 0. 17bi .�: �e1Hria1.o 385 3700 RILES&STOCRBRIDG NO. 158 P.5 boos IN.WITNESS WHEREOF, the Corporation has caused these Articles of Amendment to the Charter of the Corporation to be executed in its name and on its behalf on this 2 midday of October 1998, by the President of the Corporation who acknowledges that these Articles of Amendment are the act of the Corporation and that to the best of his knowledge, information and belief and under penalties for perjury, all matters and Facts contained in these Articles of Amendment are true in all material respects_ AVALON BAY COMMUNITIES, INC. (seal) By: Charles H. Berman. President ATTEST By: A r—,I -- eF . van Horn S retary DOCSC'\662 799.2 3 • • • RECEIVED TIMEOCT, ?• 3: 09PM • CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: April 15, 1999 ,4 O� NCSCSCP �J TO: Pre-Application File No. 99-28 `_ I�o FROM: Lesley Nishihira, Assistant Planner, x7270 �V SUBJECT: Avalon Ridge Apartments Renovations We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant. 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 information. 1. General: The proposal is for additions/remodels to both the leasing center (addressed as 510 Stevens Avenue SW) and the recreation center (addressed as 603 SW 5th Court) located at the Avalon Ridge Apartment complex. Included with the proposal is a request for an Administrative Variance for a reduction of the required front yard setback from 20 feet to 13 feet for the addition to the leasing center. 2. Leasing Center: The proposal would require the elimination of a swimming pod in order to accommodate the addition. The swimming pools account for on-site recreation that was required as a condition of approval for Phase I of the Sunpointe Condominiums Planned Unit Development proposal in 1986. Therefore, the proposal will need to be revised in order to allow for the swimming pools to remain or to include the addition of other on-site amenities to compensate for the loss. 3. Zoning/Development Standards: The subject site is located in the Residential Multi-Family Zone with an Infill designation (RM-I). Accessory buildings located on the same lot as a residential use are permitted. A setback of 20 feet is required from the property line fronting SW Sunset Blvd as well as the property line fronting Stevens Ave SW. The RM-I zone also require a rear yard setback of 15 feet and interior side yard setback based on a minimum of 10% if the lot width. The height is limited to 35 feet or 2'/Z stories. Lot coverage is limited to 35% by buildings 75% by impervious surfaces. Please refer to the attached handout listing the development standards of the RM-I zone. The plans submitted do not provide enough information to determine the amount of lot coverage for the site. The site plan submitted with the formal application will need to include the total ground floor square footage of all existing buildings on the site as well as the total amount of impervious square footage. Setbacks for the recreation center were not provided on the plan and could not be evaluated. In addition, further information is required for analysis of the parking for the site (e.g., the total number of existing spaces, the total number of units, stalls sizes, and aisle widths). The parking regulations require standard stall dimensions of 20 feet in length and 9 feet in width. Minimum ADA standards are 20 feet long and 16 feet wide (including access aisle). PRE9928\ 4. Variance: Staff would not be likely to support the variance request. 5. Permit Requirements: If submitted under the same application proposal, SEPA Environmental Review and Administrative Site Plan Approval would be required in addition to the Administrative Variance request. If submitted separately, the Recreation Center addition would be subject to building permits only. Regardless, the addition to the Leasing Center will require land use review. All three land use permits can be reviewed concurrently in an estimated time frame of 8 weeks. A lot line adjustment would need to be processed as a separate application and would take approximately 4 to 6 weeks. The attached application package provides a list of the necessary submittal requirements. 5. Application Fees: The charge for joint land use applications is a total of the full price of the most expensive fee and half off all subsequent fees (estimated at $1,550). Notification to surrounding property owners is required and a charge of$0.33 per mailing label will be included in the application fee. Please refer to the handout titled "Development Fees" for additional fees that may be applicable. 6. Impact Mitigation Fees: In addition to the applicable building and construction permit fees, the following mitigation fees will be required prior to the recording of the plat or the issuance of building permits: 1. A Transportation Mitigation Fee of $75 per each new trip associated with the development; and 2. A Fire Mitigation Fee of$488 per each new single family residence. cc:Jana Hanson CITY L F RENTON rL „ Planning/Building/Public Works Department ' Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator -•_- • I • t 1 June 17, 1999 ' JUN 1999 fj BY, Brian Slick Clark Associates 2208 NW Market Street, Suite 407 Seattle, WA 98107 Subject: Pool Replacement at Avalon Ridge Leasing Center Dear Mr. Slick: This letter serves as a follow up to issues raised at the April 15, 1999 Pre-Application meeting for the proposed renovations to the Avalon Ridge Leasing Center. Specifically, the City raised concerns over the removal of the existing pool to accommodate the expansion of the subject building. The original PUD approval for the site required the provision of on-site recreational amenities for the residents of the development. Therefore, the loss of recreational value resulting from the removal of the pool would need to be compensated through the provision of additional amenities elsewhere on the site. As depicted in your letter dated April 16, 1999, the proposed on-site amenities intended to compensate for the elimination of one of the existing pools appears to be adequate. The proposed recreational areas will be formally reviewed with the land use application for the Leasing Center. The materials submitted with the application will need to include a write up that addresses the proposed compensation for on-site recreation (similar to your April 16th letter) as well as a detailed plan for the layout and design of the proposed picnic area. Please be advised that the City will likely require as a Condition of Approval for the land use permit that the construction of the proposed recreational areas be completed prior to the issuance of final occupancy for the renovated Leasing Center. If you have any questions regarding this correspondence or the proposed project, please contact me at (425) 430- 7270. Sincerely, 12( / /7"--25711) Lesley Nish' ira Assistant Planner C:Walter Braun, Avalon Bay Communities 1055 South Grady Way-Renton, Washington 98055 `i,This paper contains 50%recycled material,20%post consumer • HICAGO TITLE INSURANCE COMP -A 1000 COMMA CENTER, 701 5TE AVE SE TT E, W► 98104 Order No.: 548721 PLAT CERTIFICATE Certificate for Piling Proposed Flat: In the matter of the plat submitted for our approval,this Company has examined the records of the County Auditor and County Clerk of KING County,'Washinuton,and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: BAY APARTMENT COMMUNITIES, INC. , A MARYLAND CORPORATION "sl'1TFl!'� '�� EXCEPTIONS: Cl— ,( c•-• SEE SCHEDULE B ATTACHED 1-1 CHARGE: $200.00 TAX: $17.2 0 Records examined to APRIL 26, 1999 at 8:00 AM CHICAGO TCTLE INSURANCE COMPANY By MIKE HARRIS/KEITH EISENBREY Title Officer (206)628-5623 Z0012 a'IIII ODVDIHO L69S 9Z9 90Z YVd 95:60 Iild 66/0£/i'0 HICAGO TITLE INSURANCE COMPA Order No.: 548721 PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST) THENCE NORTH 44°25'22° EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, • VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 39°50'39° WEST 664.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 WHICH IS THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE • ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE SOUTH 71°34' 15" EAST 310.06 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 21, SAID BLOCK 12; THENCE NORTH 18°27'19° EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; THENCE NORTH 88°27'36° EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76°13'16" EAST 108.80 FEET ALONG THE NORTHERLY LINE OF SAID LOT B TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OP RENTON BY DEED RECORDED UNDER RECORDING NUMBER 82081103691 THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 32°57"51' WEST 150.01 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF SEE NEXT PAGE CIIIC.RGO TITLE INSURANCE COMPANY C0021 H'I,LI.L 09YDIHD L69S 8Z9 90Z XVd 8S:60 IHd 66/0C/D0 • • CHICAGO TITLE INSURANCE COMP' Policy No.: 548721 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION WHICH EXTENDS SOUTH 57°02'09" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27°17'12", AN ARC DISTANCE OF 157.16 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 84°19'21" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 81°47'12", AN ARC DISTANCE OF 28.55 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87°27'51" WEST 38.50 FEET TO A POINT OF LUKVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 02°32' 09" WEST 270.00 FEET; THENCE ALONG AN ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21°00'00", AN ARC DISTANCE OF 98.96 FEET TO A POINT OF TANGENCY; THENCE NORTH 71°32'09" WEST 253.54 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18°27'51" EAST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 33°33'26", AN ARC DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 52°01'17" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 85°20' 13", AN ARC DISTANCE OF 67.02 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10' 04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14' 15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 32°57' 51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF LOT B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE NORTH 80°29'58" EAST 138.30 FEET ALONG THE NORTH LINE OF SAID LOT B TO A POINT ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650; THENCE SOUTH 09°30'02" EAST 90.63 FEET ALONG THE EAST LINE OF SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; CI IIC 1GO TIII,E INSURANCE COMPANY r000 S'LLLL ODVDIHD L69S 8Z9 90Z Ydd 8S:60 I&I 66/0£/P0 CHICAGO TITLE INSURANCE COMPI Policy No.: 548721 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE SOUTH 45°27'51" WEST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 75°27'51" WEST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 79°05'02" WEST 69.72 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT ON A CURVE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 79°05'02" EAST 270.00 FEET; THENCE ALONG SAID EASTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22°02'53", AN ARC DISTANCE OF 103.90 FEET TO THE TRUE POINT OF BEGINNING_ PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAME1-1E MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10' 04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 76°33'09" EAST 310.48 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 44°32' 09" WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 45°27'51" EAST 270.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALC)NCI THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 55°27' 07" AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 79°05'02" EAST 69.73 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 75°27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45°27'51" EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE NORTH 9°30'02" WEST 30.63 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; THENCE NORTH 80°29'58" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK 11, ITS EASTERLY PRODUCTION, AND THE NORTH LINE OF BLOCK 10, SAID PLAT OF EARLINGTON TO THE NORTHEAST CORNER OF THE WEST 10.00 FEET OF LOT 2, SAID BLOCK 10; THENCE SOUTH 18°28'49" WEST 100.27 FEET ALONG THE EAST LINE OF SAID WEST 10.00 CHICAGO TITLE INSURANCE COMPANY S00J 31.11E ODYDIHD L69S 8Z9 90Z YYd 6S:60 I&i 66/0£/T0 CIIICAGO TITLE I1'.ISURANCII COMPr Policy No.: 548721 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION FEET TO THE NORTH LINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK 10; THENCE SOUTH 80°29'58" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QUARTER OF SAID LOT 28; THENCE SOUTH 80°29'58" WEST 9.06 FEET ALONG. THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT THE WESTERLY PRODUCTION OF THE SOUTH LINE OF SAID LOT 28; THENCE SOUTH 71°32'21" EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OF THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY AND WESTERLY ALONG SAIL) WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 29°56' 06" WEST 85.73 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°03'54" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59°50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 29°54' 08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101°32'13" AN ARC DISTANCE OF 35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18°21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 81°32' 09" WEST 105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 08°27'S1" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37°00'00" AN ARC DISTANCE OF 174.36 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10' 04" EAST; . THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, 1 VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; CHICAGO TTTi.E INSURAN CE COMPANY 9002J H'IZII ODVDIHD L69S 8Z9 90Z XVd 6S:60 Did 66/0C/t0 CHICAGO TITLE INSURANCE COMP/ ' Policy No.: 548721 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES! NORTH 32°57' 51" EAST 2.60 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 57°02'09" WEST 430.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°30' 00" AN ARC DISTANCE OF 108.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 18°27'51" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 71°32' 09" EAST 30.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 64°17'58" AN ARC DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 07°14'11" WEST 1,492.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 03°56'14" AN ARC DISTANCE OF 102.55 FEET TO A POINT OF NONTANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SLTD PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE SOUTH 80°29'58" WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10' 04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 07°24'23" EAST 464.07 FEET; THENCE NORTH 71°32'09" WEST 135.00 FEET; THENCE NORTH 23°22'38" WEST 129.26 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 12, SAID PLAT OF EURLINGTON; THENCE NORTH 18027'19" EAST 200.51 FELT ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; CHICAGO TITLE INSURANCE COMFANY LO0e) H'II,I,L ODVDIHD L69S 8Z9 90Z XVd 62:60 IiId 66/OC/rO ':HICAUO TITLE INSURANCE COMP. ^~` Policy No.: 548721 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE NORTH 88°27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET AONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 18°27'31" EAST 112.47 FEET ALONG THE SOUTHERLY PRODUCTION OF THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; THENCE NORTH 88°27'37" EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 01°32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00°55'24", AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02°27'47" EAST 30.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 110°55'38" AN ARC DISTANCE OF 58.08 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18°27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 71°32' 09" WEST 370.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 14°30' 00" AN ARC DISTANCE OF 93.64 FEET TO THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; • THENCE NORTH 76°13'16" WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" PLST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 71°29'12" WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE QHCLGO TITLE INSURANCE COMPANY 80021 SI,LI,L OD VD IHO L69S SZ9 90Z XVd 00:0T Tad 66/0£/ '0 CHICAGO TITLE INSURANCE COMP) Policy No: 548721 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION SOUTHWEST CORNER OF SUNPOINTE CONDOMINIUM, PHASE I, AS RECORDED IN VOLUME 64 OF CONDOMINIUMS, PAGES 75 THROUGH 85 UNDER KING COUNTY RECORDING NUMBER 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18°27'51" EAST 91.76 FEET; THENCE NORTH 41°27'51" EAST 75.00 FEET; THENCE NORTH 18°27'51" EAST 130.00 FEET TO THE SOUTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: NORTH 71°32'09" WEST 25.00 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 18°27'51" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 33°33'26" A DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 15°05'35" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 161°46'40" AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005; THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27' 03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE NORTH 71°34'15" WEST 215.66 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5°26'21" EAST 1,502 .39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°59'25" AN ARC DISTANCE OF 209.52 FEET; THENCE SOUTH 18°27'51" WEST 260.00 FEET; THENCE SOUTH 89°27'51" WEST 70.00 FEET; THENCE SOUTH 18°27'S1" WEST 154.00 FEET; THENCE SOUTH 52°32'09" EAST 70.00 FEET; THENCE SOUTH 18°27'51" WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PACIFIC COAST RAILROAD RIGHT OF WAY; THENCE SOUTH 71°29'16" EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF WAY BOUNDARY TO THE TRUE POINT OF BEGINNING. c_HucAt;o TTFLE INSURANCE.COMPANY 60012 H'lLL ODVDIHO L69S 8Z9 90Z Ydd 00:0T IHd 66/0C/i'0 CHICAGO TITLE INSURANCE COMPANY Order No.: 548721 PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to lien,for contributions to employee benefit funds,or for state workers'compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies,if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. J. Water rights,claims,or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). P A CRTa/43I 4/wc CHICAGO TITLE INSURANCE COMPANY OTol i HULL ODYOIHD L69S 9Z9 90Z lYd T0:0T I?Id 66/OC/V0 HICAGO TITLE INSURANCE COMPA PLATCERTIFICATE OrdeTNo.; 548721 SCHEDULE B (Continued) EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY, A WISCONSIN CORPORATION PURPOSE: ELECTRIC TRANSMISSION SYSTEM AREA AFFECTED: AS CONSTRUCTED ACROSS A SOUTHEASTERLY PORTION OF SAID PREMISES RECORDED: JUNE 4, 1918 RECORDING NUMBER: 1218906 s 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC NORTHWEST BELL TELEPHONE COMPANY, A WASHINGTON CORPORATION PURPOSE: CONSTRUCT/ON AND MAINTENANCE OF UNDERGROUND COMMUNICATION LINES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. RECORDED: SEPTEMBER 10, 1981 RECORDING NUMBER: 8109100352 3. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: CONSTRUCTION AND MAINTENANCE OF AN UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AND NECESSARY APPURTENANCES AREA AFFECTED: AS CONSTRUCTED ACROSS SAID PREMISES RECORDED: DECEMBER 17, 1981 RECORDING NUMBER: 8112170535 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: CHICAGO TITLE INSURANCE COMPANY TT0(i 31111 ODVDIHO L69S 9Z9 90Z rid TO:0T IHd 66/OO/PO . HICAGO TITLE INSURANCE COMP4 PLAT CERTIFICATE Order No: 548721 SCHEDULE B (Continued) GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES AREA AFFECTED: A 20 FOOT STRIP OF LAND OVER AND ACROSS A NORTHERLY PORTION OF SAID PREMISES RECORDED: AUGUST 11, 1982 RECORDING NUMBER: 8208110370 F SAID INSTRUMENT ZS A RE-RECORDING OF F.AcEMENT RECORDED UNDER RECORDING NUMBER 8207140379. • S. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: CONSTRUCTION AND MAINTENANCE OF ROADWAY AND UTILITIES AREA AFFECTED: NORTHERLY PORTION OF SAID PREMISES RECORDED: FEBRUARY 15, 1985 RECORDING NUMBER: 8502150595 • 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: PARKING, ACCESS AND UTILITY EASEMENTS AREA AFFECTED: PORTIONS OF SAID PREMISES AS DESCRIBED RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171252 • • 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: PORTIONS OF SAID PREMISES AS DESCRIBED RECORDED: JUNE 15, 1989 RECORDING NUMBER: 8906150179 • 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: SUNPOINTE III HOMEOWNER'S ASSOCIATION PURPOSE: SANITARY SEWER MAIN AREA AFFECTED: WESTERLY PORTION OF SAID PREMISES RECORDED: DECEMBER 7, 1990 RECORDING NUMBER: 9012071240 CIIICAGO TITLEINSURANCE COMPANY ZTO@J HULL ODVDIHD L69S 9Z9 90Z lYd TO:OT INd 66/OC/T0 HICAGO TITLE INSURANCE COMP ' PLAT CERTIFICATE Ordcr NO.: 548721 SCHEDULE B (Continucd) SAID EASEMENT IS A RE-RECORDING OF EASEMENT RECORDED UNDER RECORDING NUMBER 9011160080. a 9. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: JANUARY 25, 1908 RECORDING NUMBER: 531231 AS FOLLOWS: EXCEPTING AND RESERVING, HOWEVER, UNTO THE SAID PARTY OF THE FIRST PART, ITS SUCCESSORS AND ASSIGNS, FOREVER ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. a AFFECTS: A NORTHERLY PORTION OF SAID PREMISES x 10. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A CORPORATION RECORDED: APRIL 8, 1908 RECORDING NUMBER: 543225 AS FOLLOWS: EXCEPTING AND RESERVING, HOWEVER, UNTO THE SAID PARTY OF THE FIRST PART, ITS SUCCESSORS AND ASSIGNS, FOREVER ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. o AFFECTS: A SOUTHWESTERLY PORTION OF SAID PREMISES P 11. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: W. P. AIKEN AND KITTIE C. AIKEN, HUSBAND AND WIFE RECORDED: SEPTEMBER 21, 1908 RECORDING NUMBER: 570102 AS FOLLOWS: FIRST PARTY RESERVES FOR THEMSELVES THEIR SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND OTEHR MINERALS OF EVERY KIND UPON OR UNDER CHI[AGO TITLE Th SURANCE COMPANY CTOIl S'LLIZ ODVOIHD L692 9Z9 90Z IVd 10:0T I2id 66/OC/IO HICAGO TITLE INSURANCE COMPA PLAT CERTIFrICATE Order No.: 548721 SCHEDULE B (Continued) THE LAND ABOVE DESCRIBED AND RIGHT TO MINE SAME IN USUAL AND ORDINARY COURSE OF MINING. Q AFFECTS: A NORTHERLY PORTION OF SAID PREMISES a 12. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: MAY 29, 1909 RECORDING NUMBER: 617521 AS FOLLOWS: EXCEPTING AND RESERVING UNTO SECOND PARTY ITS SUCCESSORS AND ASSIGNS ALL COAL AND MINERAL OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THEM IN THE USUAL AND ORDINARY COURSE OF MINING. AFFECTS: A NORTHERLY PORTION OF SAID PREMISES r 13. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: MAY 23, 1910 RECORDING NUMBER: 684557 AS FOLLOWS: EXCEPTING AND RESERVING HOWEVER UNTO FIRST PARTY ITS SUCCESSORS AND ASSIGNS FOREVER ALL COAT. AND MINERALS OF EVERY KIND UPON AND UNDER LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. AFFECTS: A NORTHERLY PORTION OF SAID PREMISES v 14. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: MAY 8, 1916 RECORDING NUMBER: 1058297 AS FOLLOWS: EXCEPTING AND RESERVING HOWEVER UNTO FIRST PARTY ITS CHICAGO I TLB INSURANCE COMPANY i'TO f�j S'IZI,L OWVDIHD L69S 8Z9 90Z YVd ZO:OT I2id 66/OC/b0 EIICAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 548721 SCHEDULE B (Conhnw d) SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. w AFFECTS: A NORTHERLY PORTION OF SAID PREMISES z 15. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: MAY 22, 1917 RECORDING NUMBER: 1136719 AS FOLLOWS: EXCEPTING AND RESERVING UNTO FIRST PARTY ITS SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING, AND FREE INGRESS AND EGRESS TO AND FROM SAID PREMISES FOR SUCH PURPOSES. AFFECTS: A NORTHERLY PORTION OF SAID PREMISES z 16. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: 0. P. FITZGERALD JR. AND LOUISE B. FITZGERALD, HIS WIFE RECORDED: APRIL 9, 1920, AND NOVEMBER 15, 1920 RECORDING NUMBER: 1407894 AND 1468385 AS FOLLOWS: EXCEPTING, HOWEVER, FROM THIS CONVEYANCE ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING_ xa AFFECTS: EASTERLY PORTIONS OF SAID PREMISES. Al 17. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: DECEMBER 9, 1925 RECORDING NUMBER: 2110812 CHICAGO TITLE INSURANCE COMPANY STO2J all IL ODVDIHD L69S 919 901 YV 10:0T I?Id 66/OC/b0 HICAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 548721 SCHEDULE B (Continued) AS FOLLOWS: EXCEPTING AND RESERVING HOWEVER, UNTO FIRST PARTY, SUCCESSORS AND ASSIGNS FOREVER, ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING, AND FREE INGRESS AND EGRESS TO AND FROM SAID PREMISES FOR SUCH PURPOSE. AC AFFECTS: A NORTHERLY PORTION OF SAID PREMISES AD 18. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: JULY 13, 1929 RECORDING NUMBER: 2548296 AS FOLLOWS: EXCEPTING AND RESERVING, HOWEVER UNTO FIRST PARTY ITS SUCCESSORS AND ASSIGNS FOREVER, ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING AND FREE INGRESS AND EGRESS TO AND FROM SAID PREMISES FOR SUCH PURPOSES As AFFECTS: A NORTHERLY PORTION OF SAID PREMISES AP 19. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: MAY PERICH AND FRANK RUNGE, EACH IN RESPECT TO A ONE-HALF INTEREST RECORDED: OCTOBER 28, 1971 RECORDING NUMBER: 7110280118 AS FOLLOWS: EXCEPT ALL COAL AND MINERALS. AG AFFECTS: A NORTHEASTERLY PORTION OF SAID PREMISES Au 20. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION RECORDED: AUGUST 20, 1975 RECORDING NUMBER: 7508200213 CHICAGO'ITl LE INSURANCE COMPANY 9T0J H'LLI,L ODVDIHO 1,69S 8Z9 90Z YVd ZO:OT I2I3 66/OC/t0 HICAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 548 721 SCHEDULE B (Continued) AS FOLLOWS: RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. AI AFFECTS: A NORTHEASTERLY PORTION OF SAID PREMISES W 21, AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CF/CHG ASSOCIATES, ITS SUCCESSORS AND ASSIGNS AND: FUTURE OWNERS RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171253 REGARDING: RECIPROCAL RIGHT OF USE AGREEMENT FOR RECREATION FACILITIES AT SUNPOINTE PHASE I, PHASE II AND PHASE III • AK 22. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: WASHINGTON STATE HOUSING FINANCE COMMISSION AND: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171261 REGARDING: REGULATORY AGREEMENT AL 23. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP AND: WASHINGTON STATE HOUSING FINANCE COMMISSION RECORDED: FEBRUARY 18, 1992 AND MAY 1, 1998 RECORDING NUMBER: 9202181540 AND 9805011968 REGARDING: TRANSFER AGREEMENT an 24. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 214370-1215-08 CH IC Ci()TITLE INSURANCE COMPANY LTO I SI,LLL ODYDIHD L692 8E9 90E YV3 EO:OT Iid 66/0C/r0 HICAGO TITLE INSURANCE COMPS PLAT CERTIFICATE Order No.: 548721 SCHEDULE B (Continued) LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 2,320,700.00 ASSESSED VALUE-IMPROVEMENTS: $ 15,179,300.00 GENERAL & SPECIAL TAXES: BILLED: $ 234,477.69 PAID: $ 117,238.95 UNPAID: $ 117,238.94 ars THE LEGAL DESCRIPTION FOR SAID TAXES DOES NOT EXCEPT THAT PORTION OF BLOCK 15 OF THE PLAT OF EARLINGTON CONVEYED TO THE CITY OF RENTON FOR STREET BY DEED RECORDED UNDER RECORDING NUMBER 8208110369. aiv 25. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP TRUSTEE: STEWART TITLE COMPANY OF WASHINGTON, INC. BENEFICIARY: WASHINGTON MORTGAGE CORPORATION AMOUNT: $ 18,755,000.00 DATED: SEPTEMBER 1, 1987 RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171257 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SELUKED. AO ASSIGNMENT OF SAID DEED OF TRUST, BY SUCCESSIVE ASSIGNMENTS: DATED: SEPTEMBER 1, 1987 RECORDED: JULY 26, 1988 RECORDING NUMBER: 8807260970 ASSIGNEE: FIRSTIER BANK, NATIONAL ASSOCIATION, AS TRUSTEE AP SAID ASSIGNMENT IS A RE-RECORDING OF ASSIGNMENT RECORDED UNDER RECORDING NUMBER 8709171263. AQ ASSUMPTION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: CIIICAGO TITLE INSURANCF,COMPANY ST021 S'LLI,L OOVDIHD L69S 8Z9 90Z YVd COOT I id 66/OC/T70 F ICAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 548721 SCHEDULE B (Continued) ASSUMED BY: BAY APARTMENT COMMUNITIES, INC., A MARYLAND CORPORATION RECORDED: MAY 1, 1998 RECORDING NUMBER: 9805011967 Au 26. ASSIGNMENT OF RENTS AND/OR LEASES AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP ASSIGNEE: WASHINGTON MORTGAGE CORPORATION DATED: SEPTEMBER 1, 1987 RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171259 AY ASSIGNMENT OF SAID ASSIGNMENT OF RENTS AND LFa3ES, BY SUCCESSIVE ASSIGNMENTS: DATED: SEPTEMBER 1, 1987 RECORDED: JULY 26, 1988 RECORDING NUMBER: 8807260970 ASSIGNEE: FIRSTIER BANK, NATIONAL ASSOCIATION, AS TRUSTEE AT SAID ASSIGNMENT IS A RE-RECORDING OF ASSIGNMENT RECORDED UNDER RECORDING NUMBER 8709171263. AK 27. LIEN CLAIMED BY THE STATE OF WASHINGTON, DEPARTMENT OF EMPLOYMENT SECURITY DEPARTMENT: AGAINST: BAY APARTMENT COMMUNITIES, INC. IN THE AMOUNT OF: $ 3,288 .71 RECORDED: NOVEMBER 4, 1998 RECORDING NUMBER: 9811040228 Ar 28. WARRANT JUDGMENT: AGAINST: BAY APT. IN FAVOR OF: STATE OF WASHINGTON, DEPARTMENT OF EMPLOYMENT SECURITY FOR: $ 3,304.65 FILED: DECEMBER 31, 1998 WARRANT NUMBER: 98-2-30929-6 JUDGMENT NUMBER: 99-9-00671-8 CHICA(.,O TITLE INSUBANCE COMPANY 6T0e TLLLL ODVDIHD L69S 8Z9 90Z YVd COOT Iad 66/OC/r0 IMAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 548721 SCHEDULE B (Continucd) A'. 29. MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY CONCEPT ENGINEERING, DATED MARCH 30, 1998 (REVISED APRIL 8, 1998 UNDER JOB NO. 98089 AS FOLLOWS: A. ENCROACHMENT OF BOARD FENCE WEST AND SOUTH OF TWO PROPERTY CORNERS ALONG WESTERLY PROPERTY LINE. B. ENCROACHMENT OF BUILDING 1 (I) AND BUILDING 7 (I) INTO EASEMENT 8906150179. av 30. TERMS AND PROVISIONS OF RELEASE AND AMENDMENT OF NOTICE OF LIS PENDENS OUT OF UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON AT SEA1'1'LE, INCLUDING THE TERMS OF PERMANENT INJUNCTION DISCLOSED THEREIN: CAUSE NUMBER: C96-1542C RECORDED: JANUARY 22, 1998 RECORDING NUMBER: 9801220886 PLAINTIFF! ANGELA GREEN, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED DEFENDANT: SUNPOINTE ASSOCIATES, LTD. , ET. AL. END OF SCHEDULE B CHICAGo'rrr(.r-INSURANCE COMPANY OZOl1 H'LLII ODVDIHD L692 8Z8 80Z XYA COOT I2i,3 66/OC/60 OCHICAGO TITLE -,JRANCE COMPANY 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the Land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. P7'N DF SWij or 5rc 18 %W,vSIiP 25/v , '`N G -.E', UL.44 ' ; iiiii.t . to '0 /01./... ' � ' .. vs .. ..... . .t.1 .... /0.11toi... .,.:.. -.140:1t . - 4 �1-irs ',-i,ssuwstte�vc,..l'',�•; i ' 1 -i ; °r•�••• • �••aa 4. ., .. ...11.1firitif ...„,,,,L,„,„.x.,,.: ,,,,o,,,„., , • r• 1 8441% ifit- 4!Vf' J N }I r. inkr,400, .14,42,...,...1., � lip ■ • N 1.00-Ar .... -40-,..t,-----------„eatfila-- cr: r : 4 1 4.1:_ • ; ..„kar.•57711 .47 . . 1.2..;••••4.... ." 4....' i •-•..';'-:•,-.!44441,.. 4. ,_.i kw , /3 , ? V4I -71=h- 1 Milgjillq.,,,o e i , , -ww i ' , .7); f r l'itlif''' evi 4 I 1 7 44;or • • AN!iiikr , ; ' Alf 4 r t Y IRTItieh' ., .Ne....„,17.11r eilk • • I . • iFkke.‘-;'''::..,..7b. LA( :,:e. NO.A. • ri ! . r 1 .. . • r v., Il/i .- . I I./ . . 11 7/ , ....--,,. . 111 1,,, (72-D-/- , 1•tAP TZ02 TLLI,L ODVOIHO 1.69S 8Z9 907, YETI C0:0T I2L3 66/0E/170 CHICAGO TITLE 1. DURANCE COMPANY • 1800 COLUPBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. • "'TA/ o SE-4 O F See. /3, ;.Nt N P ,Z1/J , 01J a, 14C i W. /h M.IN 4.1:1!&71-J. #r #6 ' if / a/ J. • Ir • .'Tim . itt .0.11 ,re Z. •/ ii\`\_� � �5 `4e �± .* a ••- I 4.f*.4.,,T"'"lillIllIlli! - ••' • te A r- Vie. wi� . --V jam'.~L ?• ♦ V t..,...:c).. • '`, • ]-oil■-- " E �O ` ;.�', iferat�44« N NW at. ..., ..-- N...., \I, N'e+ . . itit. ,0 eti.::.i ilit-z--2,...- .... ,..?„..,: rap � .,, � ,Hzliiit4 • , ,...„... ; 's• ~" 1 ,4,_,„,4, 4..;_ .III. V• \N la ALWF` • mil+ - 1 11 Si :p `.:,- �•r .4•, . ,•,,. ., '•••T.M , • !F ' • a.t. tall.:•0 , C[•♦I.1.'.r '••/• �''ii.Sty / .. . r ♦Z '� I��ER vCI122/98 2 i/ VJ $1esoo ".• . t .... ,a•• ..•.; i t r e o :r- __ -- - I Iise it. 1• J M • ZZO21 3'1LI.L ODVDIHO L69S 9Z9 90Z %dd 170:OT MI 66/OC/t0 C C . CD. 0 :'Qi�S`',.`..b .�:;.+...:�.rS-.`"`'� •.:=-Rht:...�'�..Y`--ar,: .,_ _ - ._ — • LI�/of-- r�E�y�-iVELOPMENT PI A�4;�ii�°1�7. ..�.. oN • TILED FOR RECORU AS REQUEST OF AUG 1 1999 /_' • TITLE INSURANCE CA T RECEIVED 1NSUP.ANCE COMPANY I • 320 108th Ave. N.E. P.O. BOX 1493 87/09/17 #1253 P B2i13vue, WA/122pRocAL RIGHT OF USE AGREEMENT RECD F 17.'DO FOR RECREATION FACILITIES CASHEL +.4:*17.00 t AT SUNPOINTE PHASE I, PHASE II AND PHASE III jS f This indenture vitnesseth that CF/CHG Associates. its successors and assigns, as owner of Parcel A, Sunpointe "Phase I", legally described in h ' 1 Exhibit A: Parcel B, Sunpointe "Phase II" legally described in Exhibit B; and Parcel C, Sunpointe "Phase III". legally described in Exhibit C (hereinafter referred to as Phase I, .Phase II and Phase III. or Phases I, II and III respectively) attached hereto and made part of hereof in consideration of good and valuable consideration hereby granting to its N successors and assigns as owner of the parcels described in Exhibits A, B and C a reciprocal easement for recreation purposes over Phase I, Phase II in and Phase III. in t• WITNESSETH: v �-7 C ) <14, Whereas, there are certain residential buildings which are proposed to be nl 1- constructed as Phase I which will be occupied by residents; and *1 Whereas, there are certain residential buildings which are proposed to be Li constructed as Phase II which will be occupied by residents; and Whereas, there are certain residential buildings which are proposed to be t�h constructed as Phase III which will be occupied by residents; and 2.43 Whereas, there will be recreation buildings, court facilities and a swimming pool located on the westerly portion of Sunpointe Phase I and Phase II (hereinafter referred collectively as "Recreational Facilities"); Now, therefore, for good and valuable consideration and in consideration of the covenants herein contained, CF/CHG Associates hereby grants to and binds itself, its successors or assigns, as owner of Sunpointe a-lases I, II and III, the follvoing: 1. With respect to Sunpointe Phase III and to the future residents, tenants, owners and lessees, guests of tenants and lessees of each Phase, to the extent permitted by the rules and regulations in effect from time-to-time, and to their successors and assigns, the non-exclusive perpetual use in, of and to all of the Recreational Facilities located on the westerly portion of Phase I and II. 2. The rights of use granted under Paragraph 1 carry with them and include the non-exclusive right to access to and from the respective Recreational Facilities. EXCISE TAX NOT REQUIRED REN-RA - 1 - )(ng Co.Records D::: i 7.10 9/11/87a l' C . C C . L .4iL- . _ -- ____ - . _ .-- - . . .... . 3. Provided, however, that in consideration of such use in and access to said Recreational Facilities located on Sunpointe. Phases I and II. and as a condition precedent to the access to, use and enjoyment thereof, the owner of Phase III shall share with the present and future owners l of Phases I and II, in normal and reasonable costs and expenses of the i operation of the Recreational Facilities located on the westerly 1 portion of Phase I and II. including taxes. water, electricity, _cleaning, insurance and janitorial work. in addition, periodically as 1 needed. the owner of each phase shall pay its pro rata portion of the costs related to the replacement of worn out recreational equipment. i in 4. All costs and expenses shall be prorated between the owners of the N iaprovements situated on Phases I, II. and III in the same proportion t e°1 as the number of units situated on each phase bears to the total j r number of units on all of the phases. The total number of units rill jR rq be approximately 425 units. On- 1' 5. This Agreement is to take effect for each individual phase upon the occupancy of the first unit in that phase. The owner of Sunpointe i ID Phase I or II or III shall give thirty days written notice to the owners of the other phases of the date of occupancy of the first unit i in its phase. t i f 6. The right of use granted herein may be terminated in the event the owner of Phase III fails to pay its pro rata share of costs and expenses as set forth in Paragraphs 3 and 4 above within thirty days I of the date payment is due. Upon the payment of past due costs and ! expenses the right of use will be reinstated. I ! 7. The owners of Phase I and Phase II agree to provide the owner of Phase III with a copy of the annual Recreational Facilities budget. 8. Notice under the provisions of this agreement is to be sent by i certified mail, return receipt requested, postage prepaid to the following parties: CF/CHG ASSOCIATES 1 i 6500 Wilshire Boulevard Suite 400 Los Angeles CA 90048 SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP c/o The Axelrod Company 520 Pike Tower Suite 2300 Seattle WA 98101 or to such other address as a party or its successors or assigns shall designate in a written notice to the owner of each phase. 1 REN-RA - 2 - 9/11/87a ;1 1: C I C C . ( This agreement shall rim with the land to which it refers and shall bind and inure to the benefit of the parties hereto, their successors and assigns. In witness whereof, the respective parties hereto have cause is instrument to be executed in their :tames this /V dayof 1987. C, CF/CSC ASSOCIATES to A Washington Joint Venture, . N By Cadillac Fairviev/Vashington, Inc. , emi A Washington Corporation, Its Managing Partner C 461e/Cc A1A- By.Its: f V.F. Un b O STATE OF ) Si. COUNTY OFYp-o0--., On this day o 1987, before me, a N to blic in d for the State of sonally appeared _ ti personally known to me r proved to me on the basis o satisfactory . . evide e) to be the person who signed this instrument; on o h stied thah as u h ized to to t in ent a h e - of 1W the corporation that execut the withi d foregoing instrument; acknowledged said instrunent to be the ee and voluntary act and deed of said corpor ion. for the uses and purposes therein mentioned; and on oath stated tha was duly elected, qualified, and acting as said officer of the corporation; that said corporation is the managing general partner of CF/CSC ASSOCIATES, a Washington joint venture; that said corporation vas authorized to execute the said instrument on behalf of said joint venture; and that said instrument was the free and voluntary act and deed of said joint venture for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and my official seal the day and year first above written. -. crn SEAL to Public { and for the e( _ 1 �, . • 0 � _ •t� SERNICE SAMBERG iet..iiisio r,OTARy pU8LTC-CALUORNIA o Washington, residing at r1w. LOS ANGECFS COUNT? ,My appointment expires `-..--- Idy Commiwon Exprp Yr.Z 148E ILEN-1.A - 3 - 9/11/67a • O t - ' EXHIBIT A RECEIVED PARCEL A T tl:S DAY • Sunpointe Phase 1 Its- 187 BY TH:- -. The land referred to in this cotmniLtnent is situated fr,` , ••county of King, state of Washington, and described as follows: tr(r • PARCEL I : That portion of the southwest quarter of Section 18, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: Commencing at the southwest corner of said Section 20, from which 0 the south one-quarter corner of said Section 16 bears south CNI M"1 89°10'04" east; tow thence north 44°25'22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad right-of-way 0) as shown on the main line right-of-way and Track Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the r. Burlington -Northern Railroad, said point also being on the southerly q' boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 39°50'39" west 664.43 feet to a point on the northerly line of the westerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8208110369 which is the southeasterly terminus of the new lot line between lots A and B, City of Renton Lot Line Adjustment No. 018-86 as recorded under King County Recording Number B703169005 and the true point of beginning; thence north 33°18' 5S" west 69 .88 feet along said new lot line to the centerline of vacated Earlington Avenue S.W. ; thence north 18°27' 03" east 159. 27 feet along said centerline to its intersection with the southerly line of an alley through blocks 12 and 13, said plat of Earlington; thence south 71°34' 1S" east 310.06 feet along said southerly line to the northeast corner of lot 21, said block 12; thence north l8°27' 19" east 200. 51 feet along the northerly production of the east line of said lot 21 to the southerly • right-of-way line of Sunset Boulevard (State Rdad No. 2 ); thence north 88°27' 36" east 127.73 feet along 'said southerly right-of-way line to the east line of lot 24, block 7, said Plat of Earlington; thence south 18°27 ' 29" west 97 . 95 feet along said east line and its southerly production to the centerline of vacated S.W. 4th Place; thence south 71°36' 13" east 10.01 feet along said centerline to the westerly terminus of the new lot line between lots A and B, City of Renton L.L.A. No. 016-06 as recorded under King County Recorder' s Number 8703169003; thence south 76°]3 ' 16" east 100. 00 feet along the northerly line of • Page I of 3 Exhibit A (Continued) LEGAL DESCRIPTION, continued: said lot B to the westerly line of the northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8208110369; thence southerly along said wester ofsaid tract westerly line ndwerlyl�alonglthenq northerly line of the westerly portion courses: south 32°57' 51" west 150.01 feet to a point of curvature, the radial LI bearing of which extends south 57°02' 09" east 330.00 feet; 04 thence along the arc of this curve to the left 'through a central angle of 27°17' 12", an arc distance of 157. 16 feet to a point f r* reverse curvature, the radial bearing of which extends north 84°19' 21" west 20.00 feet; th-nce along the arc of this curve to the right through a central CDangle of 81°47' 12", an arc distance of 28.55 feet to a point of OD tangency; • ° " point of curvature, the thence south 87 27 51 west 38.50 feet to a p radial bearing of which extends north 02°32'09" west 270.00 feet; thencengl f121°00'�00"c an a this distanceoof2i98.96e }�fet ttrtogh a a pointcentral angle o tangency; thence north 71°32' 09" west 253 .54 feet to a point of curvature the radial bearing of which extends north 18°27' 51" east 45.00 feet; thence along the arc of this curve to the right through a central angle of 33°33' 26" , an arc distance of 26.36 feet to a point of reverse curvature, the radial bearing of which extends south 52°01' 17" west 45.00 feet; thence85°20t' 13"rcanof ts curve arlcidistancetofthe 67 .02ft feetrtog central the true point anglengleoff of beginning; TOGETHER WITH that portion of the southwest quarter of Section 18, • Township 23 North, Range 5 East, N.M. , in King County, Washington, described as follows: • • Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89°10'04" east; thence north 44°25' 22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroadsrighc Cf-of as shown on the main line right-of-way and Tract Map, Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; Page 2 of 3 C1111 Exhibit A (Continued) LEGAL DESCRIPTION, continued: thence north 16°14' 1S" east 547.09 feet to a point on the easterly line of the northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder e Number 8208110369 and the true point of beginning; thence north 32°57' 51" east 147.40 feet along said easterly line to the northwest co1ner of lot B, City or Renton Lot Line Adjustment Humber 014-86 as recorded under King County Recorder' s Number 8703169002; - thence north 80°29' 58" east 130.30 feet along the north line of said ( 04 lot B to a point on the centerline of a vacated alley through block r1 8, said plat of Earlington; thence south 18°27' 39" west 26.29 feet along said centerline to the .4 northeast corner of vacated S.W. 4th Place, as vacated by City of Renton Ordinance No. 3650; CD thence south 09°30'02" east 90.63 feet along the east line of said GO vacated S.W. 4th Place and along the new lot line between lots A and GO B, City of Renton Lot Line Adjustment Number 015-86 as recorded under King County Recorder's Number 8703169001; thence south 45°27' 51" west 176.21 feet along said new lot line and along the new lot line between lots A and B, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County Recorder's Number 8703169004; • thence south 75°27' 51" west 70.00 feet along said new lot line; thence north 79°05' 02" west 69.72 feet along said new lot line to a point on the easterly line of the northerly portion of that certain tract of land conveyed to the City of Renton by deed .recorded under King County Recorder' s Number 8208110369 and a point on a curve, the radial bearing of which extends south 79°05'02" east 270.00 feet; thence along said easterly line and along the arc of this curve to the right through a central angle of 22°02' 53", an arc distance of 103.90 feet to the true point of beginning. • • Page 3 of 3 C EXHIBIT B PARCEL B PARCEL II : Sunpolnte Phase 2 That portion of the southwest quarter of Section 18, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 19 bears south 09°10'04" east; thence north 44°25' 22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad right-of-way as shown on the main line right-of-way and Track Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the 1 Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; i t, thence north 76°33'09" east 310.48 feet to a point on the northerly line of the southerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8208110369 and the true point of beginning; .4 thence north 44°32'O9" west 163. 85 feet along said northerly line to a point of curvature the radial bearing of which extends north 11) 45°27'51" east 270.00 feet; thence continuing along said northerly line and along the arc of this curve to -the right through a central angle of 55°27'07" an arc distance of 261 .31 feet to a point of non-tangency and the westerly terminus of the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County Recorder' s Humber 8703169004; thence south 79°05' 02" east 69 .73 feet along said new lot line; thence north 75°27 ' 51" east 70.00 feet along said new lot line; thence north 45°27 ' S1" east 176.21 feet along said new lot line and along the new lot line between lots A and B, City of Renton Lot Line Adjustment Number 015-86 as recorded under King County Recorder's Number 8703169001 ; thence north 9°30'02" west 30. 63 feet along said new lot line to a point on the north line of lot 3, block 11, said plat of Earlington; thence north 80°29' 58" east 350.73 feet along the north line of said block 11, its easterly production, and the north line of block 10, said plat of Earlington to the northeast corner of the west 10.00 feet of lot 2, said block 10; thence south 18°20' 49" west 100.27 feet along.the east line of said west 10.00 feet to the north line of an alley through said block 10, said- alley running parallel with the north line of said block 10; thence south 00°29' 5B" west 61 .01 feet along the north line of said alley to intersect the northerly production of the west line of lot 28, said block 10; thence south 18°27' 39" west 10 . 11 feet along said northerly production to the northwest corner of said lot 28; thence south 80°29' 58" west 9 .06 feet along the westerly production of the north line of said lot 28 toutheT�centrl n ofta t yst eie of nalley through said block 10, said alley g P Page 1 of 6 4111 (7 Exhibit B (Continued) LEGAL DESCRIPTION, continued: line of said block 10; thence south 18°27'39" west 16. 15 feet along said centerline to intersect the westerly production of the south line of said lot 28j thence south 71°32' 21" east 109.32 feet along said westerly production and along said south line to a point on the westerly line of the easterly 5ortion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8208110369; thence southerly and westerly along said westerly line and along the ; ; northerly line of the southerly portion of said tract the following courses: 04 south 29°56'06" west 85 .73 feet to a point of curvature the radial bearing of which extends south 60°03' 54" east 330.00 feet; rthence along the arc of this curve to the left through a central CI angle of 59°50' 14" an arc distance of 344.64 feet to a point of 0 tangency; I"" thence south 29°54'0B" east 57. 11 feet to a point of curvature the radial bearing of which extends south 60°05' 52" west 20.00 feet;. thence along the arc of this curve to the right through a central angle of 101°32' 13" an arc distance of 35.44 feet to a point of compound curvature the radial bearing of which extends north 18°21'55" west 270.00 feet; thence along the arc of this curve to the right through a central angle of 26°49' 46" an arc distance of 126. 43 feet to a point of • tangency; thence north 81°32'09" west 105 .25 feet to a point of curvature the radial bearing of which extends north 08°27 ' 51" east 270.00 feet; thence along the arc of this curve to the right through a central angle of 37°00'00" an arc distance of 174.36 feet to the true point of beginning; TOGETHER WITH that portion of the southwest quarter of Section 18, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 1'B bears south 89°10' 04" east; (legal description, continued) • Page 2 of 6 ' I _ _ I 4[7 ISO -, Exhibit B (Continued) i1 LEGAL DESCRIPTION, continued: thence north 44°25' 22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad Right-of-Hay as shown on the main line right-of-way and Tract Map, Pacific Coast • Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad; said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749 in King County, Washington; C', thence north 16°14' 15" east 547 .09 feet to a point on the easterly In line of the northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8208110369; thence north 32°57' S1" east 147. 40 feet along said easterly line to 01 the southwest corner of lot A, City of Renton Lot Line Adjustment 0 Number 014-86. as- recorded under King County Recorder's Number ti 8703169002 and the true point of beginning; ao thence continuing along said easterly line the following courses: north 32°57'51" east 2.60 feet to a point of curvature the radial bearing of which extends north 57°02' 09" west 430.00 feet; thence along the arc of this curve to the left through a central angle of 14°30'00" an arc distance of 108.82 feet to a point of tangency; thence north 18°27 ' 51" east 52 . 90 feet to a point of curvature the radial bearing of which extends south 71°32' 09" east 30.00 feet; thence along the arc of this curve to the right through a central angle of 64°17' S8" an arc distance of 33 . 67 feet to the southerly right-of-way line of Sunset Boulevard (State Road No. 2) and • point on a curve the radial bearing of which extends north 07°14' 11" west • 1492.39 feet; thence along said southerly right-of-way line and along the arc of this. curve to the left through a central angle of 03°56' 14" an arc distance of 102 . 55 feet to a point of nontangency on the centerline of a vacated alley through block 8, said plat of Earlington; thence south 18°27 ' 39" west 172 .88 feet along said centerline to the southeast corner of lot A, City of Renton Lot tine Adjustment Number 014-86 as recorded under King County Recorder' s Number 8703169002; thence south B0°29' 58" west 138 .30 feet along. the south line of said lot A to the true point of beginning; AND TOCETIIER WITH that portion of the southwest quarter of Section 18, Township 23 North, Range 5 East, H.M. , in King County, Washington, described as follows: I � ( legal description, continued) . Page 3 of 6 CO O Exhibit o • (Continued) LEGAL bESCRIPT1011, continued: Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89'10'04" east; thence north 44°25'22" east for a distance of B31 .54 feet to a point on the northerly,bouttdary of the Pacific Coast Railroad right-of-way as shown on the main right-of-way and Track Map, Pacific Coat CI Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the tl Burlington Northern Railroad, said point also being on the southerly 04 boundary of the Plat of Earlttgton, according to the plat thereof 14 recorded in Volume 14 of Plats, page 7, recorded under Recording r- Number 433749, records of King County, Washington; ri thence north 07'24' 23" east 464.07 feet; CI thence north 71°32'09" west 135.00 feet; thence north 23°22'38" west 129.26 feet to the northeast corner of r- lot 21, block 12, said plat of Earlington; 20 thence north. 18°27 ' 19" east 200. 51 feet along the northerly production of. the east line of said lot 21 to the southerly right-of-way line of Sunset Boulevard (State Road No. 2); thence north 88°27 ' 36" east 127. 73 feet along said southerly • right-of-way line to the east line of lot 24, block 7, said plat of Earlington; thence south 18°27 ' 29" west 97 .95 feet along said east line and its southerly production to the centerline of vacated S.H. 4th Place; thence south 71°36' 13" east 40.01 feet along said centerline to the westerly terminus of the new lot line between lots A and B , City of Renton Lot Line Adjustment Number 016-86 as recorded under King County Recording Number 8703169003 and the true point of beginning; thence north 18°27 ' 31" east 112. 47 feet along the southerly production of the east line of lot 25, block 7, . said plat of Earlington and along said east line to the southerly right-of-way line of Sunset Boulev.:rd (State Road No. 2 ) ; thence north 88°27 ' 37" east 60. 80 feet along said southerly right-of-way line to a point on a curve the radial bearing of which extends north 01°32 ' 23" west 1482.39 feet; thence along said southerly right-of-way line hnd along the arc of this curve to the left through a central angle of 00°55'24", an arc distance of 23 . 89 feet to the westerly line of the northerly portion • of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder s Number 8208110369 and a point of reverse curvature the radial bearing of which extends south 02'27' 47" east 30. 00 feet; I I ( legal description, continued) Page 4 of 6 1111 Exhibit B (Continued) LEGAL DESCRIPTION, continued: thence along said westerly line and along the arc of this curve to the right through a central angle of 110°55138" an arc distance of 58.08 feet to a point of tangency; thence south 18°27'51" west 12.07 feet along said westerly line to a • point of curvature the radial bearing of which extends north 71°32'09" west .370.00 feet; thence along said westerly line and along the arc of this curve to V, the right through a central angle of 14°30'00" en arc distance of 04 93.64 feet to the easterly terminus of the new lot line between lots toi A and B, City of. Renton Lot Line Adjustment Number 016-86 as recorded under King County Recording Number 8703169003; thence north 76°13' 16" west 108.80 feet along said new lot line to O1 the true point of beginning; ' ' AND TOGETHER WITH those portions of the southwest quarter of Section 2D • 18, Township 23 North, Range 5 East, N.M. , in King County, Washington, and of the southeast quarter of Section 13, Township 23 North, Range 4 East, W.M. , in King County, Washington, described as follows: Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89°10'04" east; thence north 44°25' 22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad right-of-way as shown on the main line right of way and Tract Map, Pacific Coast Railroad, Sheet 5 of 11 , Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly. boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 71°29' 12" west 484. 56 feet along said southerly boundary to the southwest corner of Sunpointe Condominium, Phase I as recorded in Volume 64 of Condominiums, pages 75 through 85 under King County Recorder' s Number 8307200969 and the true point of beginning; - thence along the west line of said Condominium the following courses: north 18°27' 51" east 91 . 76 feet; thence north 41°27' 51" eaut 75 .00 feet; thence north 18°27' 51" east 130.00 feet to the southerly line of the westerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8208110369; ( legal description, continued) • Page 5of 6 C 1110 Exhibit B (Continued) • LEGAL DESCRIPTION, continued: thence along said southerly line the following courses: north 71°32'09" west 25.00 feet to a point of curvature the radial bearing of which extends south 18°27' 51" west 45.00 feet; thence along the arc of this curve to the left through atough a centrale ral angle of 33°33 ' 26" a distance w ch extends f �i6 feet onortl� 15'OS'35" west • curvature the radial bearing of Cl 45.00 feet; thence along the arc of this curve to the right through a central C4angle of 161°46' 40" an arc distance of 127.06 feet to the r` southeasterly terminus of the new lot line between lots A and B, City of Renton Lot Line Adjustment Number 018-86 as recorded under fri King County Recorder' s Number 8703169005; CD thence north 33°18' 55" west 69.88 feet along said new lot line to -�, the centerline of vacated -Earlington Avenue S.H. ; s north 18with 7tthe" east 159.27 southerly lineeet of anong alleyithroughrblockso12ts intersection w and 13, said plat of Earlington; thence north 71°34' 15" west 215.66 feet along said southerly line to the southerly right-of-way line of Sunset BoulevardStatenRate oasdortNo. 2) and a point on a curve the radial bearing of which 5°26' 21" east 1502.39 feet; • thence along said southerly right-of-way line and along the arc of this curve to the right through a central angle of 7 59 25 an arc distance of 209 . 52 feet; thence south 18°27' 51" west 260.00 feet; thence south 89°27' 51" west 70.00 feet; thence south 18°27' 51" west 154.00 feet; • thence south 52°32' 09" east 70.00 feet; thence south 18°27' 51" west 58. 11 feet to the northerly boundary of said Pacific Coast Railroad right-of-way; saidnortherly thence south 71°29' 16" east 558. 15 . along ngg iin. - • right-of-way boundary to the true point of Page 6 of 6 c c O ( EMI I Brr C PARCEL C SUNPOINTE "PHASE III" That portion of the southeast quarter of Section 13, Township 23 North, Range 4 East, H.M. , in King County, Washington, described as follows: Commencing at the southwest corner of Section 18, Township 23 North, Range 5 East, W.M. , in King County, Washington, from which the south one-quarter corner of said Section 18 bears south 89°10'04" east; thence north 44°25'22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad Right-of-Way as shown on the Main Line Right-of-Way and Tract Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof CI recorded in Volume 14 of Plats, page 7, recorded under Recording 111 Number 433749, in King County, Washington; NI thence north 71°29' 16" west 1042 .71 feet along said northerly 914 boundary of the Pacific Coast Railroad Right-of-Way to the true point of beginning; thence continue north 71°29' 16" west 362. 64 feet along said ..� northerly boundary to a point of curvature, the radial bearing of which extends north 18°30' 44" east 905.37 feet; -J thence continuing along said northerly boundary and along the arc of this curve to the right through a central angle of 33°54'04" an arc distance of 535.69 feet to a point of tangency; thence continuing along said northerly boundary north 37°35' 12" west 291.40 feet to a point of curvature, the radial bearing of which extends south 52°24' 48" west 1265.30 feet; thence continuing along said northerly boundary and along the arc of this curve to the left through a central angle of 15°27'49" an arc distance of 341.49 feet; thence, leaving said northerly boundary, south 75°16' 31" east 1121.53 feet to the southerly right-of-way line of Sunset Boulevard (State Road No. 2) and a point on a curve, the radial bearing of which extends north 24°48'08" east 1482.39 feet; thence along said southerly right-of-way line and along the arc of said curve to the left through a central angle of 11°22'22" an arc distance of 294.24 feet; thence continuing along said southerly right-of-way line south 13°25'46" west 20.00 feet; thence, leaving said southerly right-of-way line, south 18°27' 51" west 260.00 feet; thence south 89°27' 51" west 70.00 feet; thence south 18°27' S1" west 154.00 feet; thence south 52°32' 09" east 70.00 feet; thence south 18°27 ' 51" west 58. 11 feet to the true point of beginning. • • DB/mlh/9550m APR-16-1999 09:27 CITY OF RENTON • 4d 4.50 (3010 r.w.' i. 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Grading Plan, Conceptual 2 N/24 .rwN:br}::kY.: . .fix• :,r ,..as:i:{iM :•: .rpya;.•,:x:•:o ':a•'J:". :bye .k4:@• err. ... .... ,�; ; �J•.r b:a:k i::9.�rw <4..` :.r.r<.}f.•�...�:5". ,:r;: �•ik+::aw :xy. .�k• r.3f.+u!r;:::r.::k£ax J ,i :r:.s»S{ 4"*,.` s:ri!;. .;..c.:b:.kt..:. :i r:4.*..:•!<.,..x:«a%:'::�...':.t:5:4s#' •:...k�.,.;..,.{ai{ : ec#2: :! .r" , {J 4{} kvx ' r •?:;4 » . t :,.rn@b ......r.._...,.,,..._..,. i:•xr.::.a{,b.,w n.n.,.J9Lh?'*oxox: GradingtPlan.,:;DAetall. ........ �>..,rnn.,w.�:��rz;�<°�:•�:i� >,<:�..n.�3,;:5;W .,,, :..xL::;��_<..w{,..n..,..,�., . ._ King County Assessor's Map Indicating Site. :+abw `R'sY:a:d7:.:�•:r'' :gin,.w..y.;'Y' S:i.>a;.. r:K�•JS.,•.,'�:;::v:::;�.:4.:'; ::��.:' x.x. r'r: i z. e:.. r,f .,q...."'`.;`4•<,,., < i7:q;•: ,;»wE. .1: : 4ti .:*::•;@env�` •xr'?•: :q4 'i .vF.,:�i: ?;?opt"•' :;;4'.. '?turn` :x ': x.x. L $:Said?:8$2Of ,�:::;;;:w!,..,,•... £•�•r>>.54;r:........., v..,, '':f: .`.;A4i '<:r:"�Yx >rw..':.:.e:y.:;@$j :!•,,,,,,::., ..:'n .?qM'. ',r.ya?' Y:1 is •'r,'zz 3n xb:.> .. .{.y;:.Y!..^,{.^:y,{ >b!vw e ua . w2�•,:Y4•a@}v i"'Ja`7: .«Q• 2;.b.v:r. •v+'ax•x.,l.:.xr.. ..•a.vn n..v............ Landscaplrtg:Plan��.:.' onc' Pt :.:;..•?.:..: :,� .:> ....+.... r..% x�.r......... .. Legal Description. ',qqYY . .•..,,v.,,. ...:... .. Pin::::..'' yr }irs WribM^. mr:, o".r:.4:% • •}^..o:p,p+ aiMC%A..Ye••;•">'<r{ : - . ; r:xbr'...ty- •>r!.' ••�. ... ....:: x'x.i''''' .%4'4 .i'''''"..q''','",' ' ,•••!<' List,of'SurroundingrPrb riy:.Ovv,�ers., •.•. . .A.:: ..-:7.':xr... .... O: Z.,r:.:... . . '' :.@ .@ , . . .. : x. n Mailing Labels for Property Owners. • Map.of°Existing'Site:C;on iilons•.• x. ..::. , x .r...a.. , ... Master Application Form. MonumentCa•r•ds:(one.permonument) • .. .n.. '.Y ,, or,• •. ? @w .M:4K . ...Kxb.,,,..n.:1. , _ Parking, Lot Coverage &Landscaping Analysis 4 . • • Plan Reductions,(PMTs) 6 . •• c r;."'.. Postage i , Public Works Approval Letters , j 1 Title Report or Plat Certificate. l Topography.Map.(5'.contours)3J • Traffic Study 2 it. Tree CuttingNegetation Clearing:Plan,. vti. G ;'' tau a k•n • Utilities Plan, Generalized 2 3 Slittltir OACI Wetlands Delineation Map. ., .��.. _ Wetlands Planting Plan a 404, ) N//- Wetlands Study4 l;Vl\J This requirement may be waived by: DEVELOPMENT p 1. Property Services section CITY oFREI4 6T NAME: i '�1'LD J A—f�1� T 2. Public Works Plan Review Section AUG 3. Building Section 1 1999 DATE: A riewalnnnleint Plannino Section RECEI� ED TOTAL P.01 4111 **************************************************************** City of Renton WA Reprinted: 08/31/99 14 : 00 Receipt **************************************************************** Receipt Number: R9904344 Amount: 1, 571 . 67 08/31/99 14 : 00 Payment Method: CHECK Notation: 1010AVALONBAY Init: CRP Project # : LUA99-127 Type: LUA Land Use Actions Parcel No: 214370-1215 Site Address : 510 STEVENS AV SW Total Fees : 1, 571 . 67 This Payment 1, 571 . 67 Total ALL Pmts : 1, 571 . 67 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 . 00 000 . 05 . 519 .90 .42 . 1 Postage 71. 67 Sep- 15-99 20: 35 RENGSTORF ASSOC . 206 682 4721 P_ 02 f0/0 (Z 'ccno AVALON RIDGE/GREENBRIAR - J Building /ii , Thomas Rengstorf Associates i44. July 29, 1999 Scale: 1"=20'-0" 0 l Si? i �! r� Ci• t WA 1 /mt- 4-.1 4 , _.111 / r Mr e ,r0;. / / A!w�. I •• . Nve.•,,,. •Ara 41),...sit ',;r.;ar,,..:4iii..d,_isi.„,‘,-.-i..3,_ / crof •0 l'il. illiZeill);13144W1 ''''' ior04,, 7....T.;v4 .4graip___. _.__ ..4,-,, / . •414.-A . _i , , :a __ ‘1/ • ceikii,doo _ - , .,., 14, .-:,, iiRr, / 1111414i. t 1 tal fr' . .''. '• . t .. . Ilit I I b"$ InV1101161% ..- A .. • ,,,‘,.. ,,,,,,. ), ...z,,, . , ,, _. . . . .. •• ��0,,fr-yid: =VELOPMENT PLANNING CITY OF RENTON SEi' i 'j 1999 RECEIVED ------------- _ 1_3 S.W. SviV BL c_ S.W. SUNSET ___ _ _ _ __ - 1P4 :g SET --- __ $1 3 I 1 Leasing Center / / Proposed Computer Center and Social Hall with Kitchen ._ _ .: ,L,L,I ,_,-4c?_:5,, 171 1 i 1 1 ''`r l l l / 1 /1 z / ;•.i t?iisliei,t . •- . �, ^ // // Remove existing Swim1s':s.ming Pool / J // ' / —, - -/ a . • ) lI LL.l///24 6,//•• /--. [j— c m Existing Tennis Court r,•c 4. �, f\,y • �jfie// ' •� •1 j; 1 > o�` I Existing Children's Center ^',w 'i !I .:,�\ P . "�►i �.�\ r lirA� �!'� / / �\# '� ......_ n.:).., 1 (_.; � ' r 4-., -.4.1*...' " ' Iffilt .; '44 ,\ '41 \/ r- if. :..., -11 1 411K-*-5. WU 46,;-.-Z.40 § / 7/ . • ' 4,410•4;N:, 'I. is/ li-' :---7- ','al% a ‘ ,.if- f ' ••� ♦ ( I1 _�.91a��` �. j -�\•� /7*/ -/1 /-...-'7,....«.' , .�.1 " ` X'• \'/ '\\;./ / \\ \\w ` m L L Mr tst i;.lil. /-.. .'\: r.t/i:" r/ 1_ -J \ ' ! 1 �, .` ) / it ( N1 •i;*, { v Existing Swimming Pool r - . 1. \�' +- ;,' /;: V/ /// ll ///• ,? , '. O m O f' ` J �/ ;i�'�+�/ i 1 /l/11 + -,4ii, \ 1 q+ I. n { / "Ir. -," ...„...../- i r I, )rjjjjj,h,iiiInh1 /� \ \r' \ /� .�, r\ �. � I i /....„... a / 'l i •/ ___,, „ ....„.... .,....... v 4w- k „ \ ,./ , \--7 ' ..". •-e-k •,„ -,TLE. s, \ GTON l ,� G' `�� • \� \\ ,/ '•� 1 ?) 1 . ii Lai 1 i F,, a; IisxE: asc•ar_D �� ENO / 7// j / 2 'N . ,. . i <: + : i - R i I /n/ .// >•,l,,/ �i Proposed Picnic Areas > �+ V. oa o: D...,,,'SLS -, - / ,/iiiiii i ...:. / .„----71-- ---0------------=-- \\\ \ V , --_______ - A, \ \\ / •i \\ \ \\.. ! _ ______ -________ •--, \ ::-x . / . 4 :' ) \ \ .\•.. \ \�— \.\ \. a • ❑ 11 �` _\\` \\��—�f ' /jam' ..a:d 782 da'V9 Fox:OA'- - ATTACHMENT `B': AVALON RIDGE LEASING CENTER ON-SITE AMENITIES LOCATION PLAN _ 1 r . .t... Ai i v y I 7 7 7 . ..-.----., n S P 1 AVALON RIDGE APARTMENTS SITE PLAN SP1/ SCALE: 1' - 60'-0" EFF4 i . 11 .' i 21 (9) _ . . DEVELOPMENT PIAN;JING CITy OF RENTUiV AU6 3 1 1999 RECEIVED 0 0 0 0 0 h CO 0 N WHEN RECORDED, RETURN TO: O O Bay Apartment Communities, Inc. O 4340 Stevens Creek Boulevard, Suite 275 01 San Jose, California 95129 .+ Attention: Mr. Gilbert M. Meyer m . 01 01 SPECIAL WARRANTY DEED O N GRANTOR: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP 0 C."j GRANTEE: BAY APARTMENT COMMUNITIES, INC. ti P7 M1 LEGAL DESCRIPTION (abbreviated) : SW 1/4 18-23-5 (Additional on Schedule 1) 01 '4 N0 Assessor's Tax Parcel ID *: 214370-1215-08 ti O W V, Reference Nos. of Documents Released or Assigned: N/A 0 OD For and in consideration of Ten and No/100 Dollars ($10.00) and other good 0 and valuable consideration in hand paid, receipt of which is hereby acknowledged, SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership ("Grantor"), hereby conveys to BAY APARTMENT COe 4UNITIES, INC., a Maryland corporation ("Grantee"), all that certain real property situated in the City of Renton. County of Ring, State of Washington, described on Schedule 1 attached hereto and by this reference incorporated herein (the-"prooertv"), together with (1) all improvements owned by Grantor located thereon, (ii) all rights, privileges, easements and appurtenances owned by Grantor appertaining to such Property or improvements, and (iii) all right, title and interest of Grantor (if any) in, to and under adjoining streets, rights of way and easements. The Property is conveyed subject to those certain matters set forth on Schedule 2 attached hereto and incorporated herein by this reference, and Grantor will warrant and forever defend the title to the Property against the lawful claims and demands of persons and/or entities claiming by, through or under Grantor, except for the matters set forth on Schedule 2, but none other. g IN WITNESS WHEREOF, Grantor has caused its duly authorized representative to execute this instrument as of May 1 , 1998. 0 M SUNPOINfE ASSOCIATES LIMITED PARTNERRHIP, a Washington limited partnership '] ' : �3 1 A,e4 By: SUNSET TERRACE INVES7TO:NTS, INC., a W FILED BY CHICAGO TITLE INSURANCE CO. California corporation, its general REE# (19 4 o SW- 6, a Print Name: Qa lP A l) , /kt/ Its: Vce /9tP�i A • • - • .. (.. .:'Sn'• .Y ,fir: .v•.' . '+Y� t is.. • wJf • . .. .. , _....•y_, ...f...yv..•..-_.,......_r��._ T.�J•xr.w.W.•�,ya•�::!M+.ita.^'^A�YM+rY.•�•Hf}f • • • MOW • • • - e STATE OP CA'-.Fe�6-''4 as. COUNTY OP S.," 0 On A P t" ~ , 199 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their eignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. 1_% > 5• -Jam\ Notary Public Elaine J.Seidel Comm.11024802 ,.• q! • .UIY P w awu eat.cfA 2 • ` said O too eas+n U 1- • 1•�'` CAR[�,M Me?i�9i1 ; C ,ri Ear.. SS I C ,� - y,n<S' :I: 'fir ' it .;:, �S�.ti ,,.c. ,( e•: .JS,.:: $ • • , : fi> " .: a' . is' .4M I 4 , ; } • •1 •' d I s,L t<r., 4 , I I , ItYa+i1Y4 . •e pp 9 u . 4 4- . •S. to j • • ' , 996TTOSOI6 • I . . • UMPN • • • • • .1116 • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT PARCEL 1: THAT PORTION OE THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CCAMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OP SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 39°50'39" WEST 664.43 FEET TO A POINT ON THE NORTHERLY LINE OF • THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF • RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110359 WHICH IS THE Q SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND 8, CITY OF In RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER CD 8703159005 AND THE TRUE POINT OF BEGINNING; Gin THENCE NORTH 33°18'55° WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE M CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE SOUTH 71°34'15" EAST 310.06 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 21, SAID BLOCK 12; THENCE NORTH 18°27'19° EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88°27'16" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LING OF LOT 24, BLOCK 7, SAID PLAT OF &ARLINGTON; THENCE SOUTH 18°27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OP VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76°13'16" EAST 108.80 PEET ALONG THE NORTHERLY LINE OP SAID LOT B TO THE WESTERLY LINE OF THE NORTHERLY PORTION OP THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110359; • • • • awww • • CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE A (Continued) Ordcr Nu.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 32°57"5)' WEST 150.01 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 57°02'09" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27°17'12", AN ARC DISTANCE OF 157.16 FEET TO A POINT OP REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 84°19'21" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 81°47'12", AN ARC DISTANCE OF 28.55 FEET TO A POINT OP TANGENCY; THENCE SOUTH 87°27'51" WEST 38.50 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 02°32'09" WEST 270.00 FEET; THENCE ALONG AN ARC UE THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21°00'00", AN ARC DISTANCE OF 98.96 FEET TO A POINT OP TANGENCY; THENCE NORTH 71°32'09" WEST 253.54 FEET TO A POINT OP CURVATURE THE RADIAL FEARING OF WHICH EXTENDS NORTH 18°27'51" EAST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 33°33'26", AN ARC DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 52°O1'17" WEST 45.00 FEET; GD THENCE ALONG THE ARC OP THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 85°20'13", AN ARC DISTANCE OF 67.02 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SEC"ION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OP THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OP EARLINOTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF LOT 8, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Ordcr No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THENCE NORTH 80°29'S8" EAST 138.30 FEET ALONG THE NORTH LINE OF SAID LOT 8 TO A POINT ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAIL PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650; THENCE SOUTH 09°30'02" EAST 90.63 FEET ALONG THE EAST LINE OF SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE SOUTH 45°27'51" WEST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 75'27'51" WEST 70.00 FEET ALONG SAID NEW LOT LINE; YO THENCE NORTH 79°05'02" WEST 69.72 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND cn CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 9.4 8208110369 AND A POINT ON A CURVE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 79°05'02" EAST 270.00 FEET; yTHENCE ALONG SAID EASTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE O RIGHT THROUGH A CENTRAL ANGLE OF 22°02'53", AN ARC DISTANCE OF 103.90 FEET (g0 TO THE TRUE POINT OF BEGINNING. 0) PARCEL 2: THAT PORTION OF THE SOUT,:WEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNEP OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OP 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OP THE PACIFIC COAST RAILROAD RIGHT OP WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OP THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 76933'09" EAST 310.48 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; • • • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE '.. LEGAL DESCRIPTION EXHIBIT THENCE NORTH 44°32'09" WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 45°27'S1" EAST 270.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 55°27'07" AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OP RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 79°05'02" EAST 69.73 PEET ALONG SAID NEW LOT LINE; THENCE NORTH 75°27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45°27'51' EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE NORTH 9°30'02" WEST 30.63 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; (AD THENCE NORTH 80°29'58" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK CD 11, ITS EASTERLY PRODUCTION, AND THE NORTH LINE OP BLOCK 10, SAID PLAT OP EARLINGTON TO THE 11CRTHr"5T COME? OF THE W9eT In no PERT OF LOT 2. SAID BLOCK 10; O THENCE SOUTH 18°28'49" WEST 100.27 FEET ALONG THE EAST LINE OF SAID WEST • 10.00 FEET TO THE NORTH LINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY O RUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK 10; 2) THENCE SOUTH 80°29'58" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO ') INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QUARTER OF SAID LOT 28; THENCE SOUTH 80°29'58" WEST 9.06 FEET ALONG THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT THE WESTERLY PRODUCTION OF THE SOUTH LINE OF SAID LOT 28; THENCE SOUTH 71°32'21° EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND • ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OF THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OP RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY AND WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OP SAID TRACT THE FOLLOWING COURSES: SOUTH 29°56'06" WEST 85.73 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°03'54" EAST 330.00 FEET; • -a 1 .•_ . • • • • • y Alm • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59°50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 29°54'08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101°32'13" AN ARC DISTANCE OF 35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OP WHICH EXTENDS NORTH 18°21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26.49'46" AN ARC DISTANCE OF 126.43 FEET TO A-POINT OF TANGENCY; THENCE NORTH 81'32'09" WEST 105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OP WHICH EXTENDS NORTH 08.27'51" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37'00'00* AN ARC DISTANCE OF 174.36 FEET TO THE TRUE POINT OF BEGINNING; • TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP • 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: OCOMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH O QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22". EAST FOR A DISTANCE OF B31.54_FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON 0, THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11. VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING MMBER 8208110369; THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: NORTH 32°57'Sl" EAST 2.60 FEET TO A POINT OP CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTE 57°02'09" WEST 430.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°30'00" AN ARC DISTANCE OF 108.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 18°27'51" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 71°32'09' EAST 30.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OP • • • • • • • • • CHICAGO TITLE INSURANCE COMPANY AL.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT 64'17'58" AN ARC DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 07'14'11" WEST 1,492.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 03°56'14" AN ARC DISTANCE OF 102.55 FEET TO A POINT OF NONTANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27.39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OP LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE SOUTH 80.29'SB" WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE THE TRUE POINT OF BEGINNING; QV AND TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OP SECTION 18, Cr) TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, 4•4 WASHINGTON, DESCRIBED AS FOLLOWS: vd VI COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89•10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE V) NORTHERLY BOUNDARY OF.THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD. _ SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS. PACE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 07.24'23" EAST 464.07 FEET; THENCE NORTH 71.32'09" WEST 135.00 FEET; THENCE NORTH 23'22'38" WEST 129.26 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 12, SAID PLAT OF EARLINGTON; THENCE NORTH 18°27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88.27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'29' WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET AONG SAID CENTERLINE TO THE WESTERLY TERMINUS OP THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OP RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 18°27.31" EAST 112.47 FEET ALONG THE SOUTHERLY PRODUCTION OF • • • 1111 • • WPM • CHICAGO TITLE INSURANCE COMPANY A.L.T .COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88°27'37" EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 01°32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00•55'24", AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER B208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02°27'47" EAST 30.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OP 110°55'38" AN ARC DISTANCE OP 58.08 FEET TO le A POINT OF TANGENCY; THENCE SOUTH 18.27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT 11.4 OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 71°32'09" WEST 370.00 cD FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE Q RIGHT THROUGH A CENTRAL ANGLE OP 14°30'00" AN ARC DISTANCE OF 93.64 FEET TO OD THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF cn RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE NORTH 76°13'16" WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OP THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COWENCING AT THE SOUTHWEST CORNER OP SAID SECTION 18, PROM WHICH THE SOUTH . QUARTER CORNER OP SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OP 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OP HARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 71°29'12" WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE • • . A • • • • 4 AM CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 • • Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT • SOUTHWEST CORNER OF SUNPOINTE CONDOMINIUM, PHASE I, AS RECORDED IN VOLUME 64 OF CONDOMINIUMS, PAGES 75 THROUGH 85 UNDER KING COUNTY RECORDING NUMBER 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OP SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18°27'S1" EAST 91.76 FEET; • THENCE NORTH 41°27'51" EAST 75.00 FEET; THENCE NORTH 18°27'53." EAST 130.00 FEET TO THE SOUTHERLY LINE OP THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF • RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: UD CiD NORTH 71°32'09" WEST 25.00 FEET TO A POINT OF CURVATURE THE RADIAL BEARING ,„+ OF WHICH EXTENDS SOUTH L8'27'51" WEST 45.00 FEET; - THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF Q 33°33'26" A DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE THE y RADIAL BEARING OF WHICH EXTENDS NORTH 15°05'35" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 161°46'40" AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OF 4n THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-66 AS RECORDED UNDER RECORDING NUMBER 8703169005; THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; ( THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE NORTH 71°34'15" WEST 215.66 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5°26'21" EAST 1,502.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°59'25" AN ARC DISTANCE OF 209.52 FEET; THENCE SOUTH 18°27'51" WEST 260.00 FEET; THENCE SOUTH 89°27'51" WEST 70.00 FEET; THENCE SOUTH 18°27'51" WEST 154.00 FEET; THENCE SOUTH 52°32'09" EAST 70.00 FEET; THENCE SOUTH 18°27'51" WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PACIFIC COAST RAILROAD RIGHT OF WAY; THENCE SOUTH 71°29'16" EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF WAY BOUNDARY TO THE TRUE POINT OF BEGINNING. .-a?r•.. ¢� `:+wv •.';%�»�=w.. ,''4„ ..•• _.o-Wa.1•4•As i.•�7{*.+ rf.sac/.�' �+! �r. g..w+uY.A 114 • • • • • • • • SCHEDULE 2 TO DEED PERMITTED EXCEPTIONS r'1 C C Q Cr) PPM .. \ A •.F_ j-)f+j t h +r i—F.4ra j.,f3�" • • • • . . i . .. .. . • _. - , • • dein • - • t'HI(:AGOl TITLE INSURANCE COMPANY EXHIBIT B EscrowNo.: 498054 SUBJECT TO: • 1. EASSMEf7T AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CHICAGO, MILWAUKEE G ST. PAUL RAILNAY COMPANY, A WISCONSIN CORPORATION PURPOSE: ELECTRIC TRANSMISSION SYSTEM AREA AFFECTED: AS CONSTRUCTED ACROSS A SOUTHEASTERLY PORTION OF SAID PREMISES RECORDED: JUNE 4, 1918 RECORDING NUMBER: 1218906 a 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: LiD GRANTEE: PACIFIC NORTHWEST BELL TELEPHONE N COMPANY, A WASHINGTON CORPORATION Q PURPOSE: CONSTRUCTION AND MAINTENANCE OP t UNDERGROUND COMMUNICATION LINES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. RECORDED: SEPTEMBER 10, 1981 RECORDING NUMBER: 8109100352 c 3. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER 6 LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: CONSTRUCTION AND MAINTEN7ANCE OF AN UNDERGROUND ELECTRIC TRANSMISSION? AND/OR DI5Tl.IS[R'IOM SYSTEM AND NECESSARY APPURTENANCES AREA AFFECTED: AS CONSTRUCTED ACROSS SAID PREMISES RECORDED: DECEMBER 17, 1981 RECORDING NUMBER: 8112170535 1 • NNW J - • • • • _ ..._ .'�. i....-.....,...._..��.,�u`.....-._�....r.-:..�oF.r..s�� .rrvAw.r .n1.n•�aa..-. • • • • • • • • CHIC A(;O TITLE INSURANCE COMPANY EXHIBI B Escrow Nu.: 498054 SUBJECT TO: CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. o THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OP RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES AREA AFFELr'SD: A 20 FOOT STRIP OP LAND OVER AND ACROSS A NORTHERLY PORTION OF SAID PPEMISES (ID RECORDED: AUGUST Al, 1982 (Q RECORDING NUMBER: 820B110370 90 C SAID INSTRUMENT IS A RE-RECORDING OF EASEMENT RECORDED UNDER O RECORDING NUMBER 8207140379. C c S. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: CONSTRUCTION AND MAINTENANCE OF ROADWAY AND UTI•ILITIES AREA AFFECTED: NORTHERLY PORTION OF SAID PREMISES RECORDED: FEBRUARY 15, 1905 RECORDING NUMBER: 8502150595 r 6. EASEMENT AND THE TERMS AND WNDITIONS THEREOF: PURPOSE: PARKING, ACCESS AND UTTILITY EASEMENTS 2 • . 'ter, :-; no :rG fir. o a v •,..._.—...q:!';.;..�..,-F,, yj, • • • • • •• • • • • CHICAGO TITLE INSURANCE COMPANY EXHIBIT B EcrowNO.: 498054 SUBJECT TO: AREA AFFECTED: PORTIONS OP SAID PREMISES AS DESCRIBED RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171252 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: • GRANTEE: CITY OP RENTON, A MUNICIPAL CORPORATION PURPOSE: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES (o AREA AFFECTED: PORTIONS OF SAID PREMISES AS 40 DESCRIBED RECORDED: JUNE 15, 1989 .4 RECORDING NUMBER: 8906150179 0 J 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: SUNPOINTE III HOMEOWNER'S ASSOCIATION PURPOSE: SANITARY SEWER MAIN AREA AFFECTED: WESTERLY PORTION OF SAID PREMISES RECORDED: DECEMBER 7, 1990 RECORDING NUMBER: 9012071240 r SAID EASEMENT IS A RE-RECORDING OP EASEMENT RECORDED UNDER RECORDING NUMBER 9011160080. a 9. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: PROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION • RECORDED: J)NUARY 25, 1908 RECORDING NUMBER: 531231 3 WNW ' ` • • • • • • • • CHICAGO TITLE INSURANCE COMPANY EXHIBIT B Escrow NO 498054 SUHJECTTO: AS FOLLOWS: EXCEPTING AND RESERVING, HOWEVER, UNTO THE SAID PARTY OF THE FIRST PART, ITS SUCCESSORS AND ASSIGNS, FOREVER ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. N AFFECTS: A NORTHERLY PORTION OF SAID PREMISES • 10. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A CORPORATION tiO RECORDED: APRIL 8, 1908 cn RECORDING NUMBER: 543225 '4 0 AS FOLLOWS: EXCEPTING AND RESERVING, HOWEVER, UNTO THE SAID PARTY ✓ OF THE FIRST PART, ITS SUCCESSORS AND ASSIGNS, FOREVER ALL COAL AND O MINERALS OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND on THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF c MINING. o AFFECTS: A SOUTHWESTERLY PORTION OF SAID PREMISES s 11. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: W. P. AIKEN AND KITTIE C. AIKEN. HUSBAND AND WIFE RECORDED: SEPTEMBER 21, 1908 RECORDING NUMBER: 570102 AS FOLLOWS: FIRST PARTY RESERVES FOR THEMSELVES THEIR SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND OTEHR MINERALS OF EVERY KIND UPON OR UNDER THE LAND ABOVE DESCRIBED AND RIGHT TO MINE SANE IN USUAL AND ORDINARY COURSE OF MINING. 4 • • • MOM V Aft • CHICAGO TITLE INSURANCE COMPANY EXHIBIT a Escrow No.: 498054 suBlECirO: • AFFECTS: A NORTHERLY PORTION OP SAID PREMISES ■ 12. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: MAY 29, 1909 RECORDING NUMBER: 617521 AS FOLLOWS: EXCEPTING AND RESERVING UNTO SECOND PARTY ITS SUCCESSORS AND ASSIGNS ALL COAL AND MINERAL OF EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THEM IN THE USUAL AND ORDINARY COURSE OF MINING. (� s AFFECTS: A NORTHERLY PORTION OF SAID PREMISES rI - 7 z„___.___;s RESERVAT7ON rn4rAI)Wn TN DEED: CD L/7 FROM: JONES-THJMPSON INVESTMENT CD GO COMPANY, A NASHINGTON CORPORATION RECORDED: MAY 23, 1910 RECORDING NUMBER: 684557 AS FOLLOWS: EXCEPTING AND RESERVING HOWEVER UNTO FIRST PARTY ITS SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND MINERALS OP EVERY KIND UPON AND UNDER LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OP MINING. ✓ AFFECTS: A NORTHERLY PORTION OF SAID PREMISES • 14. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION 5 • • • !fir ---- • (:HICAG()TITLE INSURANCE COMPANY EXHIBIT B EscrowNo.: 498054 SUBJECT TO: RECORDED: MAY 8, 1916 RECORDING NUMBER: 1058297 AS FOLLOWS: EXCEPTING AND RESERVING HOWEVER UNTO FIRST PARTY ITS SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OP MINING. • AFFECTS: A NORTHERLY PORTION OF SAID PREMISES • 15. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT GO COMPANY, A WASHINGTON CORPORATION RECORDED: MAY 22, 1917 RECORDING NUMBER: 1136719 CD II AS FOLLOWS: EXCEPTING AND RESERVING UNTO FIRST PARTY ITS O SUCCESSORS AND ASSIGNS FOREVER ALL COAL AND MINERALS OF EVERY KIND JO UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE a) SAME IN THE USUAL AND ORDINARY COURSE OF MINING. AND FREE INGRESS AHD EGRESS TO AND FROM SAID PREMISES FOR SUCH PURPOSES. ✓ AFFECTS: A NORTHERLY PORTION OP SAID PREMISES : 16. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: • FROM: O. P. FITZGERALD JR. AND IOUISE B. FITZGERALD, HIS WIFE RECORDED: APRIL 9, 1920, AND NOVEMBER 15, 1920 RECORDING NUMBER: 1407894 AND 1468385 AS FOLLOWS: EXCEPTING, HOWEVER, PROM THIS CONVEYANCE ALL COAL AND MINERALS OP EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND 6 • • • s . t • • • • • � I Ch I(AGO TITLE INSURANCE COMPANY EXHIBIT 8 EscrowNO.: 498054 SUBJECT-ID: THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING. u AFFECTS: EASTERLY PORTIONS OF SAID PREMISES. u 17. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: DECEMBER 9, 1925 RECORDING NUMBER: 2110812 AS FOLLOWS: EXCEPTING AND RESERVING HOWEVER, UNTO FIRST PARTY, SUCCESSORS AND ASSIGNS FOREVER, ALL COAL AND MINERALS OP EVERY KIND CI UPON AND UNDER LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL AND ORDINARY COURSE OF MINING, AND FREE INGRESS AND EGRESS TO AND FROM SAID PREMISES FOR SUCH PURPOSE. O AC AFFECTS: A NORTHERLY PORTION OF SAID PREMISES a) AD 18. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: JONES-THOMPSON INVESTMENT COMPANY, A WASHINGTON CORPORATION RECORDED: JULY 13, 1929 RECORDING NUMBER: 2548296 AS FOLLOWS. EXCEPTING AND RESERVING, HOWEVER UNTO FIRST PARTY ITS SUCCESSORS AND ASSIGNS FOREVER, ALL COAL AND MINERALS OP EVERY KIND UPON AND UNDER THE LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAMS IN THE USUAL AND ORDINARY COURSE OF MINING AND FREE INGRESS AND EGRESS TO AND FROM SAID PREMISES FOR SUCH PURPOSES Ls AFFECTS: A NORTHERLY PORTION OF SAID PREMISES 7 r ..-. 9 atir4T ai. a.,v J_.Irfy• ..- \ %S -��, • t^ ., .r.. - -.. -`v+.1�••..-• l•'fnlrM +•�.-�.,rc.:W'rtti. •�, •�.. �,.�1ri±..M� • • CHICAGO TITLE INSURANCE COMPANY EXHIBIT B Escrow No.: 498054 SUHJECPTO: M 19. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: MAY PERICH AND FRANK RUNGE, EACH IN RESPECT TO A ONE-HALF INTEREST RECORDED: OCTOBER 28, 1971 RECORDING NUMBER: 7110280118 AS FOLLOWS: EXCEPT ALL COAL AND MINERALS. •c AFFECTS: A NORTHEASTERLY PORTION OF SAID PREMISES Ac 20. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: PUGET SOUND POWER G. LIGHT (: COMPANY, A WASHINGTON CORPORATION RECORDED: AUGUST 20, 1975 RECORDING NUMBER: 7508200213 4Pq N 0 AS FOLLOWS RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND D ASSIGNS, ALL COAL AND MINERALS OF EVERY KIND UPON AND UNDER THE CD LAND ABOVE DESCRIBED AND THE RIGHT TO MINE THE SAME IN THE USUAL ^, AND ORDINARY COURSE OF MINING. AFFECTS: A NOkTNZASTERLY PORTION OF SAID PREMISES 8 1. • • • 1 r • • • • • • • • • • Angrarro • • _--rua::.: :✓.. s.Yf Y> 'r4'r.+"sres r.., .wr:.•a..:x�'a�AT•7i•1vu.v-•+I►r-�.-,+•_,,.....+'-11•'!r^,•• CH I CAGO TITLE INSURANCE COMPANY EXHIBIT a EscrowNo.: 498054 SUBJECT TO: AI 23. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CF/CMG ASSOCIATES, ITS SUCCESSORS AND ASSIGNS AND: FUTURE OWNERS RECORDED: SEPTEMBER 17, 1937 RECORDING NUMBER: 8709171253 REGARDING: RECIPROCAL RIGHT OF USE AGREEMENT FOR RECREATION FACILITIES AT SUNPOINTE PHASE I, PHASE II AND PHASE III Ar 24. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: (010 BETWEEN: WASHINGTOO STATE HOUSING FINANCE COMMISSION In AND: SUNPOINTE ASSOCIATES LIMITED v4 0 PARTNERSHIP CDRECORDED! SEPTIDuZR 17, 1987 RECORDING NUMBER: 8709171261 an .l REGARDING: REGULATORY AGREEMENT AZ 25. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, BETWEEN: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP AND: WASHINGTON STATE HOUSING FINANCE COMMISSION RECORDED: FEBRUARY 18, 1992 RECORDING NUMBER: 92021/11540 • REGARDING: TRANSFER AGREEMENT • . • .. • .,.i•-.s•>u : --it...;�� .`. .s c Fr.- �r < _ �+..�"yr--.°ate • • • MHO • • • • • -l -..�...�`.-•if YtiT`_l.-.s•, ''�s.Y.�w�K4'EVF_-��Pa�3xYnul.Rcz_.•2 a~4-te.—..r-r.,..,a:.�.__r�_:J..a..�_� CHICAGO TITLE INSURANCE COMPANY EXHIBIT a EscrowNo.: 498054 SUBJECT IYT is 28. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR IFASES AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP TRUSTEE: STEWART TITLE COMPANY OP WASHINGTON, INC. BENEFICIARY: WASHINGTON MORTGAGE CORPORATION • AMOUNT: $ 18,755,000.00 DATED: SEPTEMBER 1, 1967 • RECORDED: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171257 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. u ASSIGNMENT OF SAID DEED OF TRUST, BY SUCCESSIVE ASSIGNMENTS: DATED: SEPTEMBER 1, 1987 RECORDED: JULY 26, 1988 RECORDING NUMBER: 8807260970. ASSIGNEE: PIRSTIER BANK, NATIONAL ASSOCIATION, AS TRUSTEE v SAID ASSIGNMENT IS A RE-RECORDING OF ASSIGNMENT RECORDED UNDER RECORDING NUMBER 8709171263. Is 29. ASSIGNMENT OF RENTS AND/OR LEASES AND THE TERMS AND CONDITIONS 10 -, :1• .v_O Y-_).F!. - - 4 Y-•�,•�fwi;<I.--iO.e•f:t^v-�, y -�1U, 1. :r•. • RoP 1 I • • • .. • •.-. .rtr tins:._ . w::-_+.,•,;�.•.,.�ts�'.L'A'e.t.+":.+.'="3.F#4't"i4v. - _1��.•_ yY.....+�ewn,: • CHICAGO TITLE INSURANCE COMPANY EXHIBIT B Escrow No. 498054 SUBJECT TO: THEREOF ASSIGNOR: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP ASSIGNEE: WASHINGTON MORTGAGE CORPORATION DATED: SEPTEMBER 1, 1987 RECORDING DATE: SEPTEMBER 17, 1987 RECORDING NUMBER: 8709171259 u ASSIGNMENT OP SAID ASSIGNMENT OP RENTS AND LEASES, BY SUCCESSIVE ASSIGNMENTS: DATED: SEPTEMBER 1, 1987 RECORDED: JULY 26, 1988 RECORDING NUMBER 8807260970 ASSIGNEE: FIRSTIER BANK, NATIONAL ASSOCIATION, AS TRUSTEE W �z SAID ASSIGNMENT IS A RE-RECORDING OP ASSIGNMENT RECORDED UNDER RECORDING NUMBER 8709171263. 11 • • • • • • .- .: - -_ .. _ l fir,'...'x.•.,y?.q:•+�i%r.:•• • • • • • • own • • • • __ ..- . .. ..-..lXt- ,-1 t'.v14:f •..n.,,s._-sY. .>_...-u•�a�1�•a. CI-11(AGO TITLE INSURANCE COMPANY EXHIBIT a E_SCIOwNo.: 498054 SUBIECTTO: PARAGRAPH NUMBER 46: TERMS ANL PROVISIONS OP RELEASE AND AMENDMENT OF NOTICE OP LIS PENDENS OUT OF UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF WASHINGION AT SEATTLE, INCLUDING THE TERMS OP PERMANENT INJUNCTION DISCLOSED THEREIN: CAUSE NUMBER: C96-1542C RECORDED: JANUARY 22, 1999 RECORDING NUMBER: 9801220886 PLAINTIFF: ANGELA GREEN, ON BEHALF OF HERSELF AND ALL OTKERS SIMILARLY SITUATED DEFENDANT: SUNPOINTE ASSOCIATES, LTD., ET. AL. 0 LID ( ) m PARAGRAPH NUMBER(S) 42 CV MATTERS DISCLOSED BY A SURVEY OP SAID PREMISES BY CONCEPT ENGINEERING, DATED MARCH 30, 1998 (REVISED APRIL 8, 1998 UNDER JOB NO. 98089 AS FOLLOWS: A. ENCROACHMENT OF BOARD FENCE NEST AND SOUTH OF TWO PROPERTY CORNERS ALONG WESTERLY PROPERTY LINE. B. ENCROACHMENT OF BUILDING 1 (I) AND BUILDING 7 (I) INTO EASEMENT 8906150179. 12 i MI Mir —1101111 r Rlil J L. V ® .<40 •a _ o- - -�.�,/vra.c tom. i -s .. 44 'asea»nt f ld Jun 1-1$ it 2-32 1218906 , -.••:,�•...,. -•.- t 1; Dt May 13-18 7p ci arry a oorp of kow r. Seattle Rrog and fOitoh Ces p - to Chicago Milwaukee & St . Paul Hallway Company tf. / . a oorp of Tie • .. , , fp for itself , '•ts aura and a, and legal rape , oy to the ... •:..•` v:. .` op for the sum of Al the right to erect and maiataintn •• '. e1eotrio transmission, nystem� over , along and aorcee the folg .,ram •�•'; 4• • •' • J.:- re • pty aitd in k c • ` ` ` lot 1 t1k 16 , Plat of Marl in/ton , and a tract of land on lily / _ ai of right cf way of Paoifie Coast Hail,,^oad Company in lot 13 , of I40 18 , tp 2.3 n of r 5 east w m 1-ty company a.-rees to ohange , at grantors request , within 30 days fr dt of request , the location .$f arty poles , brace or anchor ,_ • on g antore pty when o interferes • with the conduct of the bust : . of graptor , its suoo or R Sd oyster' o ons istingof 2,.poles and tbs. rieceos trol)ey• ; •, �. s and the right to and tr:.namisaion wires •racora and g�1y , '� • clear trees from endangering t1 line , there being 33 anohora � and one brace "` In witwhof , sd carp h.aa osll this inst tobe duly exe Corp el no wit Seattle ?frog and Switch Company :�� by if J Renehan , p►e s : •• :: attest 8 1t y'+►ana , seoy p IKCY May 13-18 , by Y y Henfihan pree of the Seattle Frog and >z Switch Company , the corp t axed the within inst (oorp form ) a' _! bet' b ?loyd Williams n p for wnrea .t 3 g S Yoh 5-19 • Mail R W I.da a Sexy ftp .4.. 1- + + . 1• _ rr .=:�• •: nv f :t- •i•-is_ S i Alllil Alta rill, JO, 44' ..- - G.-" t~ KNOW ALL MEN BY THESE PRESENTS: It/W`�i1oigiC �'"' '`' " : For and In Considorallpnor._._Mu t ua 1 Ben4 fits ._- _ .receipt of which it•hereby aci:r:w.edq,d . the undersigned.hereinafter referred to as Gr.:ntor(s),hereby grants a perpeh tal t•-• •lint to Pa•.Ihc No;thwust P:•li Tehtpho.,.r l 1 Company,a Washington Corporation.Its successors and assigns.hereinafter re'-'ed to as Grantee.with r.e right,privd..gi- and authority to place.construct.maintain,inspect,rage;.fact.repair.teptace,remove and keep obstacles.ncludina f'.!es and shrubbery clear from Grantee's facilities consisting of -•_-_-_ -- - .. Underground Underground Cots-c ication Lines _ _ __ _ 2 and other appurtenances;and Grantor also grants a right-ot-way therefore as the Grantee may from time to time reduite to RI construct,install,and maintain communication and associated facilities over,acre,s.noon and under hereinafter described ,. property situated in King County,Stale of Wasn ington-_and is described as follows: 3 4 A strip of land ten (10) feet in width along a centerline established by the - • 4 installation of a communication line across the following described property: All the certain real property situate in the City of Renton, County of King, State d.: of Washington being a portion of the Plat of Earlington, recorded in Volume 14 of _ .; -Y; I Plata, Page 7 (AA?. #433749), records of King County, Washington, and a portion of = ,Q� •:-' the S.W. 1/4 of Sec. 18, T. 23 N., R. 5 E., W.H., and a portion of the S.E. 1/4 of .: o Sec. 13, T. 23 N., R. 4 E., W.H., and being more particularly described as follows- Si.+-,t1•,1- �; .;,;: v Beginning at the intersection of the Northerly right-of-way line of t'•e Pacific *`, -,$:.?% a Coast R.R. (100 feet wide) with the centerline of a street (Stevens Ave. S.W.) ,� A. . •, 1 as said R.R. and street are shown on said Plat of Earlington, said point of begin- •a ping bearing N44'25'22"E 831.54 feet from the Southeast corner of said Sec. 13; r, , _ - thence from said point of beginning along the Northerly right-of-way line of the ' 'x' Pacific Coast R.R. as shown on the Main Line right-of-way and Track Map, Pacific t N' Coast Railroad, sheet 5 of 11, V.2-Wn, records of the 3urlington Northern Railroad, A2.-t ;: L1? N71'29'12"W 1,225.00 feet; thence leaving said Northerly right-of-way line N18'27'51"E ,,:z 302.16 feet; thence S81'35'30"E 555.53 feet; tt,ence S71'32'09"E 566.00 feet; thence ;'ra; _F N18'27'51"E 107.00 feet; thence N41'55'06"E 206.02 feet; thence N18'27'51"E 159.71 �. ~' (OVER) • I Ch - _ — • 33 :%,, `=*."-:`•Y' Grantee shall at all times have the right of full and free ingress to and egress from said property described above.vven the �( •:ac,J.LIN Sa understanding that Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of me rights -.; . .. 4 .I . r`'i and privileges herein granted. '4`s.rt-y•.,; '!1.' ''`":,-:(" '• Grantor reserves the right t0 use the easement for agricultural purposes as long as not inconsistent with nor an interference j. ....i' `-7.1 with the rights granted Grantee herein 1 h. The rights,conditions and provisions of this easement shall inure to the benclit of and be binding upon the a s.executors •.•�• S .{ `x administrators,successors and assigns of the respective parties hereto. . .1 r. , In witness whereof the undersigned has executed this instrument this —5— day of 19 °$ • CF/CHG Associates, a 7: M.: Witness: 1% EXCISE TAX NOT REQUIRED • - : ;�.; ,;. Hy:(-Washington General Partnership _ ; .: King Co. F:::'::. [):.:is,.:. ,W j, � ,J � u_,..: Clinton L. argent, president of � i• t! �u t,HC Internattonal, Inc., gets. pdrtner • Y ; 4.:;•s 1 pot.vides!Acknowledgement) . (Corporate Acknowledgement) 1 .?y `+ . Slateol _ Staled Washington - - :v1�K•.t. SS ss County of—----- King County oI " •; .'ht��Y On this day personally appeared betort,me On this day personally appeared belore me #,-5; �., • _--__—.___-- Clinton L. �lergert >• .',-,-:•,' ----.----_ - _.._ � �Y ' known to me to be ihu individual who e•ecuted the who did say he)Uk is the -.'.;L lorugorng instrument.andacknow!udgud that -- -, signed President ''k..7L,W7- ••,5••5 the same as__-..-.._IIcc Aid VOlunlar,aci and deed.for 01 the corporation -- e __ g o - '''' r that executed the lorogomg nstrumunt. ' -' 6 and acknowledged said instrument to be the tree and ") .e•�li`,`�' i •and purposes herein mentioned - t' ii'.:.. �_' Jl... r g S �•,•l:'i. .::;:c 5 TOO I //I•D/ r "' 'Ottfk ry act and deed of saW colporabon,for the uses and g .: .-• Date.' I purposes thereinmentioned and on oath stated that-.he. r • was/I.Xe authorized to execute said instrument on behalf •..:!'r. ily••• e p1 Pep `rt0 t li 1 of the corporation ". ,*:-' L• �,TOutbbryOrty hand and official seal;has -___ ..____day Given under my hand and official seal this th —_day t Ysp1t ----— -- " . a August- - --- - „Al _ fl_ r: ,mac.y G.� c, c i. .''r'o--.-�—� Notary Public in and lot the Stale of _., Notary Public in and to the Slate of_W,1 S it I,^g LOrl. r �. residing al din Harbor • _._.._ run:Jing al. . _.-____ _ aEr l•� •, _ My commission expires --T -.--.� My car^..'clon uxnires �_ 5=19- 2---- ., ' ,-_ i - ri " - — L r. t I f yQ 7 - n D a N = rn 1 N• -� w 0 Z r r- : tJ - ��JJJ .4 C T �+ of C7 ,j,;Jl? r„ , ? o s — a 1'.1 D --ti �J 2 1 O T i eS Z -4 ri, a 3 m • do IiQF m co g E� , T• -I _0 3 c 3 r. d tr. rn 7 ....:::. CD ., C CD rp - feet to a point on the Southerly right-of-way line of Sunset Blvd. (P.S.9. Nu. 2); t.• thence along said Southerly right-of-way line from a tangent that bears N85'50'31"E ✓;y; along the arc of a curve to the left having a radius of 1,482.39 feet and a central :,,�.• Mw.x... angle of 02'32'12", an arc length of 65.63 feet; thence S18'27'51"W 229.04 feet; thence S41'55'06"W 120.00 feet; thence S61'20'43"E 362.70 feet; thence N41'53'S1"E 208.18 feet to the Southwesterly corner of Lot 28, Block 10 if said Plat of Earlington, .t. =,•:_`,'-. thence along the Southerly line of said Lot 28, S71'32'09"E 100.75 feet to a point - '`t-,. on the Westerly right-of-way line of a street shown on said Plat of Earlington "i , Jrf:t (Maple Ave. S.W.); thence S60'03'54"E 60.00 feet; thence S19'51'02"W 148,95 feet; •' ? ►' thence S01'18'07"W 132.03 feet; thence S18'26'06"E 148.63 feet; thence N61'07'54"E `4 y�:�`- • .� .,, 698.04 feet to the Westerly right-of-way line of a street (Hardie Ave. S.W.) as ':`y,e,- r-:"" shown on the Supplemental Map of Renton Shore Lands, filed in the office of. the fit:et-:," ' Commissioner of Public Lands, thence along said Westerly right-of-way line 929.54'08"E =• �-ff'• 75.00 feet; thence S61'07'54"W 695.00 feet; thence S73'27'25"W 198.25 feet; thence -.WA 1•' N81'20'S1"W 232.65 feet; thence N50'39'04"W 196.50 feet to the Northeasterly corner 'r.s , .64 .. -of-Lor1l Block 16 of said Plat of Earlington; thence along the Northerly prolong- '.••%� �. •.-4> ation of the Easterly line of said Lot 11 N12'59'36"E 30.00 feet to the centerline of a street shown on said plat (W.W. 5th Place); thence along said centerline s;-:--.7.-t,- n�.�'kC:+i'M1t N77'00'24"W 40.00 feet to the Northerly prolongation of the Westerly line of said _'' :" Lot 11; thence along said Northerly prolongation, said Westerly line and the �;. s '`, Southerly prolongation thereof S12'59136"W 159.63 feet to the Northerly right-of-way ' cy�'�ti+' line of said railroad; thence alongsaid Northerlyri ht-uf-wa line from a tangent �= ,:f0e"' that bears N73'05'24"W alongthe ac of a curve to the right having a radius of :9 �'' ' er:''= i '.�ry4te,. 1,860.08 feet and a central angle of 1'14'09", an arc _angth of 40.12 feet to the Southerly prolongation of the Easterly line of Lot 13, Block 16 of said plat of , ...alek +• Earlington; thence along last said Southerly-prolongation, last said Easterly line, ? ,+ and the Northerly prolongation thereof N12'59136"E 156.45 feet to the centerline of ' a street shown on said Plat, (S.W. 5th Place); thence along said centerline N77'00'24"W }''!Y6ti :. 107.03 feet to the intersection thereof with the centerline of a street shown on 2"' • said plat (Stevens Ave. S.W.); thence along said centerline S18'27'51"W 145.47 feet" :• to the point of beginning; 1 Also, Lots 25 and 26, Block 15, as shown on said Plat of Earlington and the half width of street and alley right-of-ways fronting said Lots 25 and 26; Situate ' '%!=•'%'" ,;' in the Countyof King, State of Washington.i R. R • .l.'‘):'...1: 1.:1 '7.'..,.;;- .' .— 1 Y:.,'. REF iu v ap .. i I �;i t ;NS . • ::I'•.�0. 1 4 SIMIIIIIII".11111111111""aillIllM MilnialliniEr2a1PWINNINININNIIII 111110111111111111F ' ",---., _-. : ;,.-v_ 0-:.-41:-.t.' -'". -.A:. '.•:'-'4•.':?"--;:ikr''' .-••=11-:•'•-.:'...-;i''..-'....-:- - - - - --— - ---- -• - - XL -,--- •-• - . ..-- „_ ._ _„._,,..1611111011.1P40.01011Ploopp- - ....-- ied_. ,,,,,,,,,ab,.....r. day Of ____c? :dams,. .• . ..__. .. GRA•:TOR CF/CIIG ASSOCIATES, A Joint Ventura , • PUGET SOUJP MUTUAL,JAV . GS ,BANK By: CliG International, Inc. ;___A • ...;••••••• • ei....-- ___ r ' .........._........____ ._..... .____ ._ By: CADILLAC F IEW CORP. • . ... .1:1 4 - - —Ur — ---- ' - - 408., sTATE oF womottrr:mt 1 e...0.431.4.0....A,ci.,....) SS , CORPORATE ACKNOWLEDGMENT • (X)IPNTY OF 1.031'N't5Ltaltits lt) CI ' 1f3 On this Al.11;1%.of fa:L...110b cA_____ -. -. .19 e l.. .Is+ •••mi..the in, igned.personalls appeared . 0 _..._61_11g•- ......1..„.4.....) , ..,i ! to me known to he the; ‘A.C.-s-/_R --- --- ft-) --- - -- - -'-I CADILLAC FAIVIEW CORPORATION . • ,.........L....of __. the cerperation that executed the fie...is:Mg ins/fitment. CI .7.,,,-,,,,7.:,,,,,,,A,..• ; r4 and acknotvledged the said instrument to be the free and voluntary act and deed of said corporation.for the uses and purposes therein ,•*'...;':. mentioned.and on Oath stated that _— authorized to exectio•the said instrument and that the • ' I a° at affixed is the corporate seal of said corporation. -• Witness my hand and official seal hereto affixed the day a ,year first above Timm. • i 0 i I sk.r-A-__ :..;C-K.- --..t...,cl___ . . . >7.....e-...2...z!••••..-.---,?..ite. ..;•;--•,-,•-•=!-•-•---....,4 --- ,...,..ic -x-,4" ci • • CiFICIAl.:41..;... i . Notary Publi5 j,and for e State 0 W.-,,,I;;,..t.... , '' --4-4-421.-...•' • ..., '. '...1•\ BERNICE SAMBERG i, , ..,...7.•••••• ‘: -.) . residing at PTA:41. -. .. . • . --i•-... h, •..•.„i. (•,..,;4s...., ..v • ,*:f.I'l t::Ci::!.lj f % )! ........... ' Stly r...1,!..1;,:,Cranes P•la -z.I liS4.f. . •,,..1.:..f.:...---•,.•!....,..e.,_:,-.:-:.•:!....2. ..4,:r•-s!..-!....-...,-...v..-.,,31: ' ••• . STATE 01.WASI IINGTON I • SS CORPORATE ACKNOWLEDGMENT COI;N-ry oF King 1 • • • . on this__/(0.21iy of ____-__e. —_r —1_9_5_._/_ .1.•f ,, ...... i,. umIerst'e isI.Ie sotiaII% .1 ,ir••;I ._ tc me known toile,the "c-4r.F.,-_!_=.._e_e-2._r____. Tern+ ________ -_ • . . - - • • • .• • , ' CHGINTERNATXONAL, INC. _ _ the corporation that exectited the foregoing instrument. — i and acknowledged the said instrument to he the free and voluntary act and deed 0!'said corporation.for the uses and purposes therein mentioned.and on oath stated that _-X.C-_„...-e--:- . authorized to cxecute the said ins.rument and that the . t seal affixed is the corporate seal of said corporation. • Witness my hand and official seal hereto affixed the day and year first above written . -a -- "P..--r'7-----''''__4: 2-.,7"----.--e-P•ns • ---.-L4- ---- „,t5 8ti •sbt° S.& ‘S. Notary Public i mil for the State.of Washiryto _ residing-at __ • -- ''''" ..._--._ . • •. . I i:0,0TW's , . - -; STATE OF WASI II NGTON SS CORPORATE ACKNOWLEDGMENT • ..,• COI:NIT OF King I On his___&.1.4my ......dieer. Zer-otiv-be4"._ ,19 If 1 .befor..me,the undersigned,personally appeared Cv_r_i.l....W..Kro.;De.u......)ind ___ .._ __....—___ .. ________________ - . . — of-- t ...--_ to e known to be the _•_ ....._ ..—tA c e.2c1AideAl. ;mil .respectively.iti v UGET SOUND MUiliAL SAVINGS BANK the corporation that executed the foregoing instrument. and acknowledged tiles:lid instrument to he the free and voluntary act and deed of said corporation.for the uses and purposes therein : , mentioned.anti on pith stated thathe..L.IlicS--------- authorized to execute the said instrument and that the . seal affixed is the tairpnrate seal if said corperation. • '•'-;• -. . '"•';':‘' ,,. , ,. :•a, Witness my h.and rind official seal hereto affixeil the 11.<141-year first above written. /....„.?' ...„, • . :: , . -,-ii-.,.. '.74P Notary Public iktittl for tie:,Slateitf Washington. ••••,4:, . ., • ri•siiling at _'..;,."--,:k!.4.4...1 _. - .1-- .,- , -,••7-2,:. .,.. . .,.„ . :,,,•,,v-j,-:„A!,%.7,-..: . ---- • .-elk'"""i`•---- ' - • — ,.r.• ..1.- • .-:‘,..--..,•1•:h'''4,-.4.117..Z.V4 --^.,.. ':-:,-•-:-r•!•: -- ' '-'•:;",•%.1.:PAr- ; '.....i.••• Ai ..• , •- • • '--A,...--40,--,:',It.'-'::11::::4-Ai.LAo.A4 -.' "::!--,:t...-'1:--:';',..4.4.-!•-4,!, f:•• '-:.' -.• T 'P1/GET EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM $ PQj/ERC11G INTERNATIONAL, INC. , a Washington corporation, as tc PurcelH d i ,& E and CF/CHG ASSOCIATES, a Washington Joint Venture, consisting ,,, • of CHG INTERNATIONAL, INC., a Washington corporation, and CADILLAC FAtRVIEW CORP. , a Washington corporation, as to Parcel A: PUGET SOUND_MLITf1A'. SAVTIsf;S ):.�k, A WAahingtt]n_cnrr--odor, boneflciary 3 — - o' Dee' rsf Trust —_ ' ? 1 i'Grantor" heroin),grants,conveys and warrants to PUGET SO(fi t r)WER& LIGHT CIJMPANY. a Washington cor- poration ("Grantee"herein),for the purposes hereinafter set forth a perpetual easement limier,ecress .td over the fol- lowing described real property(the"Prop"rt, herein) _ King County,Washington. • in Vj (Sea Exhibit "A" Attached) • - _f , Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property(the"Right- t "+;.: ' of Way'herein)described as follows: i ...... .1,' A Right-of-Way 105 g Y feetin width having feet of sucn width on each side of a center- t ``^tip•`' line described as follows: j y( The centerline of Grantee's facilities as constructed or to be € constructed, extended or relocated, AND, I All streets and roads as constructed or to be constructed within the above described property. (This clause to become null and • -' void when said streets and roads are dedicated to the public.)) i '' 4 . I. Purpose,Grantee shall have the right to construct,operate,maintain,repair,replace and enlarge an underground electric ' transmission and/or distribution system upon and under the Right-of-Way together with all necessary or convenient ap purtenances therefor,which may include but are not limited to the following:undergroend conduits,cables,communication 1 • ";t;; 4~ lines:vaults,manholes.switches,and transformers;and semi-buried or ground mounted facilities.Following the initial con- struction of its facilities.Grantee may from time to time construct such additional facilities as it may rt:;tuire. i --.;14 2. Access.Grantee shall have the right of access to the Right-of-Way over and across the Property to enable Grantee to exer- tttt cise its rights hereunder,provided,that Grantee shall compensate Grantor for any damage to the Property caused by the exer- '' t cise of said right of access. 3. Obstructions;Landscaping:Grantee may from time to time remove trees,hushes,or other obstructions within the Right-ca` of-Way and may level and grade the Right-of-Way to the extent r•�asonahly necessary to carry out the purposes set forth in ;" paragraph 1 hereof,provided,that following any such work,C::ntee shall,to the extent reasonably practicable,restore the %^•"' Right-of-Way to the condition it was immediately prior to such work.Following the installation of Grantee's underground i*,• facilities,Grantor may undertake any ordinary improvements to the landscaping of the Right-of-Way,provided that no trees or other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and ��1.: restore. ;Y •;t:',;c'. 1. Grantor's Use of Right-of-Way.Grantor reserves the right to use the Right-of-Way for any purpose not inconsistent with the rights herein granted,provided:that Grantor shall not construct or maintain any building or other structure on the Right- ff „`'• of-Way which would interfere with the exercise of the rights herein granted:that no digging,tunneling or other form of con- 4 F '.t; struction activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities on the .'',. -i Right-oaf-Way,or endanger the lateral support to said facilities;and that no blasting shall be done within 15 feet of the Right-of- •. y i 5. indemnity.By accepting and recording this easement.Grantee agrees to indemnify and hold harmless Grantor from any ` y j and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights a� herein granted;provided,that Grantee shall not be responsible to Grantor fur any injuries and/or damages to any person it x caused by acts or omissions of Grantor. Pt.y t . 8. Abandonment.The rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Way for a M+ice' period of five(3)successive years,in which c:t:nt this easement shall terminate and all rights hereunder shall to(-.ran- tor,provided that no abandonment shall he deemed to have occurred by reason of Grantee's failure to initially install its ,, e facilities on the Right-of-Way within any period of time from the date hereof. • r;r • 7. Succour,_and Assigns.The rights a:,d obligations.;f the parties shall inure to the benefit of and he binding upon their ' • ,F. respective successors and assigns, R-1542 fILED FOR RECORD AT REQUEST OF: ,;sert.s 363602 P...'. ., oN GE1�E 235/71 PUCE'. P9'.:� 1_, ,i. OCT 1 1981 s �� ' BELLEVUE, WASHINGTON !Y$W') j • " CAe1LLAC warm,.me. EXHIBIT "A" i Wo' i f i PARCEL A: 1 ALL that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the Plat of Earlington , recorded in Volume 14 of Plats , on page 7 , recorded under Recording ul wl Ti OD No. 433749, records of King County, Washington, and a portion of the Southwest 1/4 cf Section 18, Township 23 North , Range 5 East , W.M. , and a portion of the Southeast 1/4 of Section 13, Township 23 North, Range 4 East , W.M: , and more particularly described as follows : O Beginning at the intersection of the Northerly right-of-way line of CV the Pacific Coast Railroad (100 feet wide) with the centerline of a "{ street (Stevens Ave. S.W.) as said railroad and street are shown on said plat of Earlington, said point of beginning bearing North 44°25 '22' East E31.54 feet from the Southeast corner of said Section 13 ; thence from said point of beginning along the Northerly right-of-way line of the Pacific Coast railroad as shown on the Main Line Right-of- :- Way and Track Map , Pacific Coast Railroad, sheet 5 of 11 , V. 2-Wn, records of the Burlington Northern Railroad, North 71°29'12" West 1 ,225.00 feet ; thence leaving said Northerly right-of-way line North 18°27'S1" East 302. 16 feet ; thence South 81°35'30" East 555.53 feet ; thence South 71°32'09" East 566.00 feet ; :;; thence North 18°27'51" East 107. 00 feet ; 1 thence North 41°55'06" East 206.02 feet ; thence I'prth 18°27'51" East 159. 71 feet to a point on the Southerly Aright-of-way line of Sunset Blvd. (P.S.H. No. 2) ; , thence. elong' said Southerly right-of-way line from a tangent that '}. bears North 85'50'31" East along the arc of a curve to the left having a radius of 1 ;482. 39 feet and a central angle of 02°32'12", an arc c length .of 65.63 feet; thence Soutn l8°27'51" West 229.04 feet ; thence South 41°55'06" West 120. 00 feet ; thence South 61`20'43" East 362 . 70 feet ; thence North 41°53 '51" East 208.16 feet to the Southwesterly corner c= Lc: 26 , in Block 10 of said Flat of Earlfngton; thence along the Southerly line of said Lot 2E South 71°32 09" East 1•N . 75 fee- to a point on the Westerly right-of-way line of a street shown on said Plat cf Earlington (Maple Ave. B .W.) ; thence South 60°03'54" East 60.00 feet ; f' thence South 19°51 '02" West 148. 93 feet ; _t thenta South 01`18' 07" West 132.03 feet ; thence South 16'26 '06" East 146. 63 feet thence North 61°07 ' S4" East 498.04 fee: to the Weste_.y right-of-way _ line c= a street (Hardie Ave . S .W ) as shown on the Supplemental Map "5;; cf Renton Shore Lznds , filed in the office of the Co—issioner :f 7,--c Lands ; - continued - ; N 1 EXHIBIT "A" (cont r t thence along said Westerly right-of-way line South 29°54'08" East !. 75.00 feet ; thence South 61°07'54" West 695.00 feet ; thence South 73°27'25" West 198.25 feet ; thence North 81°20'S1" West 232.65 feet ; thence North 50°39'04" West 196.50 feet to the Northeasterly corner 1 ,n of Lot 11 , in Block 16 of said ?: .:t c: Earlington; 4 c') thence along the Northerly prolongation of the Easterly line c= said C Lot 11 North 12°59'36" East 30.00 fee: to the centerline of a street shown on sa.d plat (S.W. 5th Place) ; thence along said centerline North 77°00'24" West 40.00 feet to the si ‘c24 Northerly prolongation of the Westerly line of said Lot 11 ; "+ thence along said Northerly prolongation, said Westerly line and the CID Southerly prolongation thereof South 12°59'36" West 159.63 feet to the :3 Northerly right-of-way line of :aid railroad; thence along said Northerly right-of-way line from a tangent that bears North 73°05'24" West along the arc of a curve to the right having a radius of 1 ,860.08 feet and a central angle of 1°14'09", an arc length . of 40.12 feet to the Southerly prolongation of the Easterly line of Lot 13. in Block 16 of said plat of said Plat of Earlington ; thence along last said Southerly prolongation, last said Easterly line , and the Northerly prolongation thereof North 12°59'36" East 156.45 fee: to the centerline of a street shown on said plat (S .W. 5th ?lace) ; thence along said centerline North 77°00'24" West 107 .03 feet to the intersection thereof with the centerline of a street shown on said plat (Stevens Ave. S.W.) ; thence along said centerline South 18°27'51" West 145.47 fee: to the point of beginning; Ex;Er:.1x T:iE..=-'R3h". the: pc=_;en lyins ►;csc of tht Ez2te_ly line of '! Xzple .duo S,WL. -cr ge k•.ard) as now cctsbli:hcd; I !J . ,1e t 21 5 '1. _ -- - -- T'XIIIBIT A • PARCEL D (Continued) i All that certain real • :operty situate in the City of Renton, County of t King, State of Wasni►,gton being a portion of the Plat of Earlington, recorded in Volume 14 of Plats, page 7 (A.F. 4433749) records of King County, Washington, and a portion of the Southwest 1/4 of Section 18, Township 23 North, Range 5 East, W.M. , and a portion of the Southeast 1/4 of Section 13, Township 23 North, Range 4 East, W.M. and being more particularly described as follows : Beginning at a point on the northerly right-of-way line of the Pacific s �� Coast R.R. (100 feet wide) as shown on the Main Line Right-of-Way 1 and Track Map, Pacific Coast Railroad, sheet 5 of 11, V.2WN, records Zid of Burlington Northern Railroad, said Point of Beginning bearing North 30°31' 38" West 1141.01 feet from the southeast corner of said Section 13; thence from said Point of Beginning along said northerly right-of-way line North 71°29' 12" West 180. 35 feet; thence tangent to the preceding course along the arc of a curve to the right having 1 radius of 905.37 feet and a centre). angle of 33°54'00" an arc length of 535.68 feet; thence tangent to the preceding curve North 37°35' 12" West 291.40 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 1265. 30 feet and a central angle of 15°27' 49", an arc length of 341.49 feet to a point on said northerly right-of-way line, distant 1250 feet westerly from the northwesterly corner of Lot 15, Block 13, of said Plat of Earlington; thence easterly toward said northwesterly corner of Lot 15 South 75°1G ' 31" • 1 East 1121.53 feet to a point on the southerly right-of-way line of Sunset Boulevard (P.S.H. No.2) ; thence along said southerly right-of -way line from a tangent that bears South 24°48'08" East along the arc • of a cruve to the left having a -radius of 1482. 39 feet and a central of 11°22' 22", an arc length of 294.24 feet; thence radial to the preceding curve South 13°25' 46" West 20.00 feet; thence from a tangent that bears South 76'34' 14" East along the arc of a curve to the left having a radius of 1502. 39 feet and a central angle of 07°46' 59" an arc length of 204.09 feet to a point on the southerly right-of-way line of an alley through Block 13 and 12 of said Plat of Earlington; thence along last. said southerly right-of-way line South 71°32'09" East 531.24 feet to a point on the southerly prolongation of the • westerly line of Lot 7, Block 12, of said Plat of Earlington; thence along said southerly prolongation, westerly line, northerly prolongation thereof and the westerly line of Lot- 22, Block 7, of said Plat of Earlington North 18°27'51" East 202.13 feet to a point on said southerly right-of-way line of Sunset Boulevard; thence along said southerly right-of-way line of Sunset Boulevard Nc:th 88'27' 35" East 127.71 feet to the westerly line of Lot 25, Block 7, of said Plat of ,X Earlington; thence along said westerly line and the southerly ee prolongation thereof South 18°27' 51" West 99. 82 feet to the • centerline of a st.-eet shown on said Plat of Earlington (S.W. 4th et, Place) ;Place) ; thence along said centerline South 71°32'09" East 40 .00 feet to a point on the southerly prolongation of the easterly line of said "vs Lot 25; thence along last said prolongation and line North 18°27151" • East 114.38 feet to a point on said southerly right-of-way line of Sunset Boulevard; thence alone said southerly right-of-way line North 32'27' 5" East 60.56 feet; thence tangee t to the preceding course along the arc ;z 7 k$ 3 aygti{ • . • • Yf • • • r'•'!S3IT A (Continued) of a curve to the left h piing a radius of 1482. 39 feet and a central angle of 2°37' 04" , an arc length of 6 ;;.73 feet; thence leaving said southerly right-of-way line South 18°27'51" West 159.71 feet; thence South 41°55' 06" West 206.02 feet; thence South 18°27' 51" West 107.00 feet; thence North 71°32'09" West 566.00 feet; thence North 81°35' 30" West 555.53 feet; thence South 18°27'51" West 302. 16 feet to the POINT OF BEGINNING. PARCEL E 11, Also being at a point on the southerly right-of-way line of said Sunset Boulevard which point bears North 32°08'25" East 1666. 35 feet from the southeast corner of said Section 13; thence from said POINT OF BEGINNING, from a tangent that bears North 83°29'08" East along the arc of a curve to the left, having a radius of 1492. 39 feet and a ri ^.er.tral angle of 4°40' 04", an arc length of 121.58 feet to the Gp centerline of a north-south alley in Block 8 as shown on said Plat of Earlington; thence along said centerline South 18°27'51" West 201.31 feet to. a point on the northerly right-ef-way line of a street shown on said Plat of Earlington (S.W. 4th Place) ; thence South 09°27'24" East 60.00 feet to a point on the southerly right-of-way line of said S.W. 4th Place; thence along said southerly right-of-way line North 80°32' 36" East 350.72 feet to a point on a line that is parallel to and 10 feet easterly of the westerly line of Lot 2, Block 10 of said Plat of Earlington; thence along said parallel line South 18°27'51" West 100.00 feet to a point on the southerly line of said Lot 2; thence along the southerly line of said Lot 2 and the southerly line of Lots 3 and 4 South 80°32' 36" West 61.11 feet to a point on the northerly prolongation of the westerly line of Lot 28, Block 10 of said Plat of Earlington; thence along last said prolongation and the boundary of said Lot 28 South 18°27'12" West 38.31 feet; thence South 41°53'51" West 208.18 feet; thence North 61°20'43" West 362.70 feet; thence North 41°55'06" East 120.00 feet to a point on the easterly right-of-way line of a street as shown on said Plat of Earlington (Stevens Avenue S.W.) ; thence along the southerly prolongation of said easterly right-of-way, North 18°27'51" East 229.04 feet to the POINT OF BEGINNING. • • - I 4 _ . .. --•_. .. . -- ..,, ______- .-. 'ter". S.NN..... :1 I a2i07/14 R> ?9 E ROADWAY AND UTI; ITiES r' F EASEMENT AgHSL -+1�.rj.+�9,00 2= THIS INSTRUMENT, made th`- 7th day of July 1982 ; r. by and between CF/CHG Associates and • , b __ and _ r Cr) and • 00 and -- ----- hereinafter called "Grantor(s)," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee." WIT'IFSSETH: •,k •. That said Grantor(s), for and in consideration of the sum of $ 1.00 ..:;' paid by Grantee, and other valuable consideration, do_— ' by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, . ' : its successors and assigns, an easement for roadway and public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: SEE ATTACHED LEGAL DESCRIPTIONS IDENTIFIED AS EXHIBITS "A THROUr•I E" ' .t : _ •,: 1 . .; t-,_ ,� ky,Rp Ly; /' 'NUI1.J T.r Yam, % K :,,+i ,, r. - ; -N,-,4 ` it 1 f `�nt, - . I;ifl C:,. i;ecw L,....... >4.., , :::F ,Ih� 61W/0'136 By _`, �'� D' a; tr.?L ter; '{`R ti T. a ::k 8 ,.itN.: _. 1ki l 'i 1 C. ' 114 '1_.L Y:n:A:Y.9,1_111 t y;:"i::_a `Fad --, >r ..":' Together with a temporary construction easement described as: Not applicable I 4 ,z u: :4 . FILED FOR RECORD AI REQUEST OF iw ROE,' OFFICE CF NE CITY CLEAR �' Y� ^`' •` RENTON MUNICIPAL BLOC. . 200 MILL AVE. SO. A • RENTON, MA 91055 h.a , . t Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as ma;., be necessary to enter upon said above described property for the purpose of conctruct- i o fag, main!eining, repairing, alteri: . or reconstructing said rnadway and utilities, or mak',g any connections therewith. without incurring any ' <.'..1 obligations or 2 1'.ability then fore, provided, that such con :rrtion, maintainii: . repairing, .i altering or reconstruction of said r.adway and utilities shall be ac- ..mplished in ' such a manner that the private lnprovements existing in the right(s)-o.'-way shall C •ot be disturbed or damaged, they will be replaced in as good a conditicn as they ;N./ were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of tie roadway or utilities. However, the grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such roadway and utilities. This easement, shall be a covenant running with the 1 id and shall be bind- ing on the Grantor, his successors, heirs and assigns. Grantors covenant that they _`.' �. . . are the lawful owners of the above properties and that they have a good and lawful , right to execute this agreement. and CF/CHG Associates _ and C.L.Hergert, President of CHG International, Inc. feneral Partner and - and ,.:-y i CORPORATE FORM: t. J`i ::1 _ -4";', •3 STATE OF Washington ) • '._, = ,1 ) SS " <a y: COUNTY OF King ) .`.74":ter`- *. • On this 7th day of July , 19 82 before we, the undersi ,ned, x°' a Notary Public in and for the State of wash tnn duly conc:iissioned and sworn 0. • . . personally appeared Clinton L. Hergert xx `:�..t.•7 to me known to be the President ma r : •* �.- of CHG International, Inc., General Partnerthe corporation th,rt executed Lho tore- • dj' , ^ going instrument, and acknowledged the said-instrumcnt to be !.he free and �:.,luntary fix:; `,' act and deed of saia corporation, for the uses and purposes therein mentioned, ,and '� on oath stated that he is authorized to exe,:ute the said instrument and tlwt ,Jr. e ,!w; the seal affixed is tie corporate seal of said cort.uration. v `, ;e.,;:r,:.. WITNESS my hand and official seal hereto affixed the day and year- in this certificate above written. 4 - .-,___,............., , , . _,,- , „ e„, T _;`sue .. ; 'ticrt•,,-• ( ,, N's---.1 •C+;W .g.; . - (i-` •e Notuiv-i-u1,1 .- in .u,.i—t..,- (lie .•:Li•. of ' •-« .r Washington , r•es,di.tq . Kent fi ls RE-2b Y,.g". `I, SUNPOINTE - ACCESS EASEMENT #1 A 20 FOOT ACCESS EASEMENT SHALL EXIST CENTERED ON THE FOLLOWING DESCRIBED LINE: 0 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE N 44°25'22" E FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST ri RAILROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAF, m PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF p THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY n2 BOUNDARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F. #433749), RECORDS OF KING COUNTY, WASHINGTON; THENCE N 13°37'20" E 656.56 FEET TO THE INTERSECTION POINT OF THE WESTERLY RIGHT-OF-WAY LINE OF STEVENS AVENUE SW AND THE CENTERLINE OF AN UNNAMED PRIVATE DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE EASEMENT; THENCE N 71°32'09" W 192.58 FEET ALONG SAID PRIVATE DRIVE; THENCE S 18°27'51" W 98.00 FEET; THENCE N 71°32'09' W 62.00 FEET TO THE TERMINUS OF THE CENTERLINE OF SAID EASEMENT. SITUATE IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT "A" t i LL LL .. .r..... ...... r. ._ -r... ...... ...r.f..i--VRMI...1.f4..W..n..M1a ".......r4.-r.�s.Ts..rrw.wr.......u—....r..—...�.—. -:�...._.�.... ." .. _..." SUNPOINTE - ACCESS EASEMENT #2 A 20 FOOT ACCESS EASEMENT SHALL EXIST CENTERED ON THE FOLLOWING DESCRIBED LINE: O c''1 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 0 5 EAST, W.M. , KING COUNTY, WASHINGTON; THENCE N 44°25'22" E FOR A DISTANCE ti 2'F 831 .54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST . 00 RAILROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, CD PACIFIC COAST RAILROAD, SHEET 5 OF 11 , VOLUME 2 - WASHINGTON, RECORDS OF . Go THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F. #433749), RECORDS OF KING COUNTY, WASHINGTON; THENCE N 13°37'[O" E 656.56 FEET TO THE INTERSECTION POINT OF THE WESTERLY RIGHT-OF-WAY LINE OF STEVENS AVENUE SW AND THE CENTERLINE OF AN UNNAMED PRIVATE DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE EASEMENT; THENCE N 71°32'09" W 192.5E FEET ALONG SAID PRIVATE DRIVE; THENCE N 18'27'51" E 47.00 FEET; THENCE N ;1'32'09" W 62.00 FEET TO THE TERMINUS OF THE CENTERLINE OF SAID J_ASE EN. . SITUATE IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. • I. t . t EXHIBIT "B" zf. 1 r. f i . 4 .4,l+Y a( vt-"v,f t- �F,2;'�4 l"f�ns c. r�.�t - ,el. +."..y;"".�a`�'t,�,�"i1v ?}j,, = C .t .•.ti r • /'ate •ter �� ._ .. .. ..- .. - :.-,_..._ _... __arc= s.+w...::>_n..:.•.i.-•:,•a...,,..�_ - _:.:•,n.._ SUNPOINTE - ACCESS EASEMENT #3 A 20 FOOT ACCESS EASEMENT SHALL EXIST CENTERED ON THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE N 44°25'22" E FOR A DISTANCE cj OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST 0 RAILROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, ' ' PACIFIC COAST RAILROAD, SHEET 5 CF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE 00 BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F.#433749), Go RECORDS OF KING COUNTY, WASHINGTON; THENCE N 13°37'20" E 656.56 FEET TO THE INTERSECTION POINT OF THE WESTERLY RIGHT-OF-WAY LINE OF STEVENS AVENUE SW AND THE CENTERLINE OF AN UNNAMED PRIVATE DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE EASEMENT CENTERLINE; THENCE N 71°32'09" W 114.58 FEET; t THENCE N 18°27'S1" E 42.00 FEET TO THE TERMINUS :FETAHSET CENTERLINE OF SAID - EASEMENT. • SITUATE IN SECTION 18, TOWNSHIP 23 NORTH, RANGE , W.M. , CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. u. • w+ ; ",;! i EXHIBIT "C" It es: ir r i $` b.}:; • -KFf 3o a _ -- ,, --._�_'__— --___ r.� _ �_ — _— _ ,i .- .. i.....-�..s.. .. .,r.r -'YC.ri+f�.. ........ram ,�. _ � 'f. �.Y�a.•R J...!.-K.�..Yu .. SUNPOINTE — ACCESS EASEMENT #4 A 20 FOOT ACCESS EASEMENT SHALL EXIST CENTERED ON THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE N 44°2F-22" E FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT—OF—WAY AS SHOWN ON THE MAIN LINE RIGHT—OF—WAY AND TRACK MAP, gPACIFIC COAST RAILROAD, SHEET 5 OF 11 , VOLUME 2 — WASHINGT A, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY 0 BOUNDARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 ...4 (A.F. 0433749), RECORDS OF KING COUNTY, WASHINGTON; THENCE N 19°44'25" E GO 688.32 FEET TO THE INTERSECTION POINT OF THE EASTERLY RIGHT—OF—WAY LINE ; OF STEVENS AVENUE SW AND THE CENTERLINE OF AN UNNAMED PRIVATE DRIVE, SAID POINT BEING THE TURE POINT OF BEGINNING OF THE EASEMENT CENTERLINE; THENCE S 57°02'09" E 17.69 FEET ALONG SAID PRIVATE DRIVE; THENCE S 44°32'09" E 114.53 FEET; THENCE N 45°27'51" E 40.12 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT THE CENTER OF WHICH LIES S 44°32'09" E 25.00 FEET; THENCE SAID CURVE THROUGH A CENTRAL ANGLE OF 35°04'45" AN ARC DISTANCE OF 15.31 FEET TO THE TERMINUS OF THE CENTERLINE OF SAID EASEMENT. SITUATE IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. • 1 • I � k 0 i `. t F''HIEIT "D" a , t i k • . • SUNPOINTE ACCESS EASEMENT #5 A 20 FOOT ACCESS EASEMENT SHALL EXIST CENTERED ON THE FOLLOWING DESCRIBED LINE: • COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , KING COUNTY, WASHINGTON; THENCE N 44°25'22" E FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF 1hE PACIFIC COAST • RAILROAD RIGHT-OF-WAY AS SHOWN CN THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11 , VOLUME 2 - WASHINGTON, RECORDS OF O THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY • BOUNDARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 • O (A.F. #433749), RECORDS OF KING COUNTY, WASHINGTON; THENCE N 51°57'22" E /-4 207.21 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STEVENS AVENUE I) SW, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR THE CENTERLINE O OF THIS EASEMENT; THENCE S 68°57'51" W 29.15 FEET TO THE TERMINUS OF THE CENTERLINE OF THIS EASEMENT. SITUATE IN SECTION 18, TOWNSHIP 73 NORTH, RANGE 5 EAST, W.M. , CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 'rr t EXHIBIT "E" j 4. • ,� yy. - {c"fie'*•- r' 4 • -.-, • ..I J e .'l •tsj +.ms;L F. Y `IDCi4C'v4 ti +:.tn V" Pam i t _.!rr�-:.r 4- •• • frr %°"r it.,---.. . . 'so: y ' .F- �3+t, -'i'' s.c• • j • r S -•+«�;.Gs..-'g --- ,.,..F_ rim- _:.:,-: .Y_-. — _ _ _. .Y._ f / • Y•;yam 1, ., r- • �j••' RECC> F 4.00 ", a, �•=: ROADWAY AND LIILITIE! '�`' EASEMENT 55 •'•'6:4•••• •.'' THIS INS'RUMENT, made this /g.Hday of Jh,vuMtY y, I+•k*� - { ,,.::. ..:. . 0 R. • &F/cf9 RSSoC14- anandIn 7: r`; , Cny arid between -x!f ' •=;••:" C+ and ''` • �. ..,•••••'.. '.-' '1 a OP nd `,h=.'.'y . CV _ • CO and 't' ;;;.' '.'.r nereinafter called "Grantor(s)," and the CITY OF RENTON. Municipal Corporation of leis, King County, Washington, hereinafter called "Grantee." .7=; .,,; .- One Dollar (S 1.00) rat;:: `. :.: .'' That said Grantor(s), for and in consideration of the sum of $ n aid by Grantee, and other valuable consideration, do_ and warrant unto the said Grantee, ""s' -• by these presents. grant, argain, sell, convey. � __: .; . , 'et ` i its successors and assi•ins, an easement for roadway and public utilities (including water and sewer) with necessary appurtenances ovcr, through, across and upc, the �;;��,,, ; ,, .,• z following described property in King County, Washington, more particularly described y + .'._ is follows. �• ...4i, `; .'". • !Vc jy ~ s <• f SCf",• r 7 A 30 F801-WIDE EASEMENT BEING 10 FEET NORTH AND 20 FEE7 SOUTH OF THE ra. �ea!,1•,— .i '. FOLLOWING DESCRIBED CENTERLINE: % ; �'"..w- '` C •3: s.•y a. ,n • T ;'k: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18. TOWNSHIP 23 NORTH, RANGE .t . 5 EAST, W.M., KING COUNTY. WASHINGTON; THENCE N 44'25'22" E FOR A DISTANCE ;‘ ;*, �,,,; •'� OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST .. RAILROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP. »., t<k '__. ' PACIFIC COAST RAILROAD. SHEET 5 OF 11. VOLUME 2 - WASHINGTON. RECORDS OF .; THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY a. BOUNDARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLATS. PAGE 7 ;w�,z . (A_F. 1433749), RECORDS OF KING COUNTY. WASHINGTON; THENCE N 19°44'25" E 41r ' . F -. 688.32 FEET TO THE INTERSECTION POINT OF THE EASTERLY RIGHT-OF-SAY LINE arr'€•kf, .; % OF STEVENS AVENUE SW AND THE CENTERLINE OF AN UNNAMED PRIVATE DRIVE. SAID "°'*f:,214'c``,,' ,- `�r POINT BEING THE TIIME POINT OF BEGINNING OF THE EASEMENT CENTERLINE; THENCE "E` i.4F• .� ,,• S 57°02'09" E 17.69 FEET ALONG SAID PRIVATE DRIVE;THENCE S 84°03'29" E. A j` - '•r ''' DISTANCE OF 117.23 FEET TO THE TERMINUS OF SAID CENTERLINE EASEMENT. Ct--'.* : Tom, c-' ,: � IL Ill r' SITUATE IN SECTION 18. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.. CITY OF RENTON, is COUNTY OF KING, STATE OF WASHINGTON. ' r E:CIs vt • x „, i.�i' -� ?t t L tw s .r ++ �'.•z G7 u) �' c.; FiirT FOR RECORD AT REQUEST OF _ z i '1' ` ri•. ./717 U �..' _ k .!y �1 + �;; j.I 6fFiCE 111E COT CMS T•" r..�,': �: M R E 1 AYE SO. K:rY:,. ::r; 20C Mfl1MBIYIAIM,PSI R96. �:(1,, a, 'fie ,;,i. UM,II EC55 Y 1 ,.retl..•.•u.•..'"-'-" 74 • '1r a7(jr l, iZ+r Y y a f P y sa .•.r.•I v: . _ .. i, '; ra a Y Y•;iW ter_ I — iZ - . - .`.. •r a. .•: i..--.-s, 1/L7.111 '-Lr-t�_''µ:.." :-• .. ']..�.• '4vi-, '[. :'1C` ,`, 4 ' {i e• i r)ld h:retofore mentioned grantee, its successors or assigns, scat: hove '`y� the right, wiihout prior notice or prose ding at l i>_ such times as ma ie "�?• -a" •�-', > �.ic .: d necessaryto enter upon said above descriSed property .or the purpose of constr.-_t- , 04a�:., F, ., .1ng, maintaining, repairing, altering or reconstructing said roadway and util+tit,,1. . r l •; , or making any connections therew:;h, without incurring any legal obligations or ''-'?-ale,';',... Br .;k ,tiab111ty therefore, provided, that such constrcction, maintaining, repairing. rx' :`. `altering or reconstruction of said roadway and utilities shall be accomplished in " i+<... ,. t •`'``,`such a manner that the private iaprovecents existing in the rights)-of-way shall -"i �_. ttt:: e t•f :not be disturbed or damaged, they will be replaced in as good a conuition as they f 4 .1...",-.7r "`were immediately before the property was entered upon by the Grantee. a,. i. The Grantor shall fully use ar.d enjoy the aforedescribed premises. including st--wra-;:e l.' LE) the right to retain the right to use the surface of said right-of-way if s_ch use 7= =t-: .., ! 3_ odoes not interfere with installation and maintenance of the roadway or utilities. ,;;:",: In Howeverq-i . the grantor shall not erect buildings or structures over, under or across ,? the right-of-way during the existence of such roadway ar : utilities. �a ;:�,; ;;-Y ' . - d V :r In This easement. shall be a covenant running with the land and shall be bind- it 00 ing on the Grantor. his successors, heirs and assigns. Grantors covenant that they _ , -` ` are the lawful owners of the above properties and that they have a good and lawful - „"r_ right to execute this agreement. - i C.. /Gri9 t}t i oc,rr4TES oef i. 8 : C P I t ut>✓F/{f ivfetJ 4p45Hrog rz>d/a 1'an d RY L C-1-f9 iArr fW/tT,a,t),t1 ,/Alt_ TAJ 9Esvent4i4. &heTA o A _ . c • rot 11 r • •- . ' F � _--- ---'" • • ''A I STATE OF CALIF RNIA Is.... !^ - 'I q § c COUNTY OF 1►A� iiWW_ I !,•. `� v��before me,the undersgned a Notary Public in and tq i r Y� .$ D 1 S stud S�mte•nerwnaltya ed_ - - - -- - .. area %'•`a'u `1•• .- (w '11 ce x:wRy known to me<for(D�roveo t�o/me on the Dose k r �.A r y0 o d satmtactory nce)to De the persons mane eaecaM tree within instrument as�+D{_ I�0.d. i�,r v-1 _• R 1 eWe J ot- --AL lersigned. Ime ' ' I and sworn d.ecorporahon ren named.and to me that said = corporatWn executed the within i - meet pursuant t0 its by- .` �.^ t d.y1,r, gC laws araresofutbndiis boardddirectors,/sa�iCd�y(ro,�a`tion beirq .��-ate oEF(Qgj,s A��"'''8 'spec tive1 y. ._•• ' ci a ta,own me to De one tnepartnersdS�AAiL BERNICE SAMBERG 'd the fore- ?it�' ` ' g. KOEARTDUlUC CAUf4JRN1A ^ id vululltary - 1 �` 1� tos ANGELFS COUNTY :ltncd. and are partnership that executed the melon ixshumenL and ask. I m nowbdped to me that such cargo at.on executed the same as my commisyan Expires Nar.2,19e8 r and that L rD such partner and that such partnershp executed the same. ,-,.. .e. ,,..,,.., ". n •• r • i,i. g WETNESS my /end reflected so • _ . -r 7. Signature_ (This area for otl.cial notarial seal) it I NEi S •`'o n n�- n � a' `' '- '-'s ` tv+[ia kla �x ` • 1•��: �� N�OLrry l' bf c�i1 atr:f-f4l tom:'1 i t Of— .s4LLYitry .+r* ,',x:ti.,.yr`i y. 3 ..I..ir• �• .GIL. ._ residing � {,�Z �T'�r c f `�t.a .. t •� • - _ „y`ti•'tr+air? -a •_M. .p 1 .N ••• m r ; ,,. . 4t." ;'mar>...3•."1 rcl # ).. n , RE-2b .h'� ;5*�.zf .f 3 s +, • 7� I f . 1 t'r i7 "wh :. ..+.,.tu•..- 4MA ,� ` ro,, /' ` r ti. r;$ r.-fi.r _ } .- •• c ,' v747 - n::::: • K. ,' +F ` 4 a ,, f Y +` "' 1: E ✓ ar l 4.71 ^� 7 • =tomram 7 -am". 'N, - n3t ,2�.. !a y.i 1'•) 1 t'ok 'ii ♦ '..n •} .-..ti.0 r.'�''��• .. r- . _ ,. .. . • . - y . 'rf rK..4 .. ... � _ • - a ..._. i ..•2 .4y ��'2�t•�►s•�(„w ` I! . - Y .�6'�'= a r... -,•�,� "-"'w. c"L� -r+".' ___ , ...__ _... _ _ ___ . _ . . ..... , . . , •. _. • . r.... • , . I . . . . • :.• r1„, :eretofore mentioned grantr_e, its s..c>;,_tors or assigns. shall have the right, without prior notice or proceeding at law, at such ties a: may 'e - • • 'y+`y, necessary to enter upon sa1c above described property for the purpose of construct- - 4- - -w;i'..Ing, 'maintaining, repairing. altering or reconstructing said roadway 1'.nd utilities, • ••P,° 'i or making any connections therewith. without incurring any legal obligations or t ' • t-. liability therefore, provided, that such construction. maintaining, repairing. -altering or reconstruction of said roadway and utilities shall be accomplished in • =,,', •,such a manner that the private iaprovements existing in the rights)-of-way shall ' , :., not be disturbed or damaged, they will be replaced in as good a condition as they • • tc . were immediately before the property was entered upon by the Grantee. • 4 } : v: .. ,� n; ,;; �- Ci , ,Y • � The Grantor shall fully use and enjoy the aforedescribed premises. including • �,�',,,,,>.~ ,�: the right to retain the right to use the surface of said right-of-way if such o e r-> 'I 0 does not interfere with installation and maintenance of the roadway or utilities. ..:(',ca . �,r;R 0 However. the grantor shall not erect buildings or • '.ructures over. under or across ' ' laq-' the right-of-way during the existence of such roadway and utilities. •?i ,a�•x Tr,. • 4 .. , This easement. shall be r covenant running with the land and shall be bind- am ti ing on the Grantor, -�, a • ;: : his successors, heirs and assigns. Grantor-s covenant that they "'� s� ~� t are the lawful owners of the above properties and that they have a good and lawful 'z=f"0. ,.a right to execute this agreement. ,..A.. . ,..:w. '4 • y4. 4{ C--F/C i0 6-Sso0-4,4TES ewe ' �:r`*:-7 , • g : 44Drc ut_FA ��J W15H.� 7a+ uland 8Ya C iN7 N�Trc-�—a �L z < y 4T. r- ''�.r.' ',?Z!{. ram- . • %S i' ,t, .aM C'•.. .• • CORPORA'E FORM: r ,�,r � ! ?s ieait ''t LT, '''' • 'STATE OF ) �.'v>r3;".` ;,•, '4-r . COUNTY OF ) i`�` -• r.. • On this io day of 197 before me, the undersigned, wal..'•4 "'''` _ - ,Ar't+^.h�It a Notary Public in and for the tate of duly commissioned and sworn ;, personally appeared '01- Olr-" .. to me known t be the , respectively, 2. 'r.,n�-.,.•; ;I 1'_ of the corporation that executed Lh lore- •`^'' v: : c K-t� l l :r..Y: r;•.ay'' is going instrument. and ac now edge t e said instrup:�ent to be the free and vnluntar•y t`,a + ; Y;.4.:. i ' act and deed of said corporation. for the uses and purposes therein mentioned, and ! ,,4 .,•.••.. n oath stated that to authorized to exeLut,' the said instrument anJ that. K's me seal affixed is t e corporate seal of said con ioration. ,:Ip.1;•.w: .41.p. ' WITNESS my hand and official seal hereto afrixed the day and year ir: this ;s" r t •.ificate above written. ffFF _ v y• �y • ...a�s•r ` f a r't i 1'. 1 Not ry Public in a1._rf, • tom' 1�:1.r of r' .. •p 47* 7. r r\ /�—-.-c residinn �iZ trr mac £w ? � /� r - j J T �^,i j • ` 1 . ) '7 L aE-2b .. ....,.,... . _ '.•?' +-r4�.= 'r.,, - • • • • UTILITIES NI •2 • • EASEMENT -i 1 • THIS INSTRUMENT, made thisA9 day of i 9. by and between SUNPOINTE ASSOCIATES LIMITED PARTN.RSIIIP, a Washington , limited partnership • I I hereinafter called "Grantor(s)", and the CITY OF SENTON, a Municipal Corporation of King I County,. Washington, hereinafter called "Grontec". WITNESSETH: • i That said Grantor(s) , for and in consideration of the sum of S ONE DOLLAR ($1.00) paid by Grantee, and nther valuable consideration, do by . i these presents, grant, barga'n, sell, convey, ano warrant unto the said Grantee, its - successors and assigns, en easement for public utilities (including water and sewer) with 1 necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: • I .. ern LL:- s a '- c SEE EXHIBITS A, B, and C, attached ! • 'Ls c r?: _ 4- ,I�I~y N • . C g"W ,41, �V ' 89/06/15 *0179 B , tu U;lr• -•R - RECO F 16.00 t W 'r- ►-o� ***16.00 c 55 Said heretofore mentioned grantee, its successors or assigns, shall ` have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property For the purpose • I • ' of constructing, maintaining, repairing, altering or reconstructing said util!ty, or making any connections therewith, without incurring any legal h obl1gations or liability therefore, provided, that such construction, main- taining, repairing, altering or reconstruction of such utility shall be accomplished in such a manner that the prtvate improvements existing is the right right(s)-of-way shall not be disturbed . or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. i The Grantor shell fully use and enjoy the aforedescribed premises, . including the right to retain the right to use the surface of said right-of-way I such use does not interfere with installation and maintenance of the utility line. However, the grantor shall not erect buildings or structures over, under j or across the right-of-way during the existence of such utility. i This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and i I lawful right to execute this agreement. SUNPOINTE ASSOCIATES LIMITED PAP.TNERSHIP .!Cr."n_ By: Shelter Corporation of Canada, Limitod, _ General Partner �� • _ t: _<- �h �I _ram Vic+ ` By: The . elrod Company, General Partner { 1 By FILED FOR RECORD AT REQUEST OF ! OFFICE OF THE CITY CLERK 1 RENTON MUNICIPAL BLDG. N0 MILL AVE.S0. I f RENTON,WA 98055 • • ,i •1 *, ti'_ A -K9 • STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day of January, 1989, before me, the undersigned, a Notary • Public in and for the State of Washington, duly commission and sworn personally appeared Al.n L. Axelrod, to me known to be the President of The Axelrod Company, the general partner of tee partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of aeid partnership for the useu and ; purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said partnership. • WITNESS my hand and official seal hereto affixed and y this certificate above written. Notary Public in and for the State 1.4 of Washington, residing at Se tile. • 0 My commission expires ',Py 2 . STATE OF WASHINGTON ) SS. 23 COUNTY OF KING ) I On this 7 day of January, 1989, before me, the undersigned, a Notary Public in and for t'he State of Washington, duly commission and avorn personally appeared J.Y. Douglas Beatty, to me known to be the Vice President of Shelter Corporation of Canada Limited, the general partner of the partnership that executed the foregoing instrument. and acknowledged the said instrument to bo the free and voluntary act and deed of said partnership for the uses and putposes P pus osns therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said partnership. WITNESS my hand and official real hereto affixed t day and yea } this certificate above written. Notary Pu Lic n and for t e ate of Washington, residing aZ SeAttle. My commission expires /// /Gr I736 1 ,r 1 • '!I IIt ' ! I • tJ ' � E ! i 1 E7O1IBIT A I I Doted 1/16/1989 N9.IERLINF, EMEN-L'.B: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE NORTH 44° 25'22' EAST FOR A DISTANCE { OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF I THE PACIFIC COAST RAILROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST • RAILROAD, SHEET 5 OF 11, VOLUME 2-WASHINGTON. RECORDS OF THE BURLINGTON NORTHERN RAILROAD. SAID POINT ALSO I BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EAR- LINGTON. RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F.N. l 433749), RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 13° 55'34' EAST 666.64 FEET TO THE TRUE POINT OF I BEGINNING OF THIS WATER EASEMENT; SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CEN- TERLINE; THENCE NORTH 71. 43'20' WEST 9.31 FEET TO ? Icl . POINT 'A' OF THIS DESCRIPTION; THENCE CONTINUING NORTH 1,4 71° 43'20' WEST 170.26 FEET TO POINT 'B' OF THIS 0 DESCRIPTION; THENCE CONTINUING NORTH 71° 43'20' WEST ! 1.1, 19.12 FEET; THENCE SOUTH 19° 08'50' WEST 91.99 FEET TO 11.4 POINT 'C' OF THIS DESCRIPTION; THENCE CONTINUING SOUTH i GD 19' 08'50' WEST 61.16 FEET; THENCE SOUTH 63° 58'38' Q WEST 12.22 FEET TO POINT '0 OF THIS DESCRIPTION; I �� THENCE CONTINUING SOUTH 63° 58'38' WEST 10.62 FEET; • THENCE NORTH 71° 08'16' WEST 4.65 FEET TO POINT 'E' OF 1 THIS DESCRIPTION; THENCE CONTINUING NORTH 71°08'16' WEST 193. 18 FEET TO POINT 'F' OF THIS DESCRIPTION; , THENCE CONTINUING NORTH 71° 08'16' WEST 88.75 FEET TO POINT 'G' OF THIS DESCRIPTION; TMaNCE CONTINUING NORTH I 71° 08'16' WEST 23.38 FEET; THENCE SOUTH 68° 34'22' ' WEST 67.24 FEET; TO POINT 'H' OF THIS DESCRIPTION; I THENCE CONTINUING SOUTH 6B°34'22 WEST 10.23 FEET; i THENCE NORTH 72°17'07' WEST 172.45 FEET TO POINT 'I' OF I I THIS DESCRIPTION; THENCE SOUTH 18'28'51' WEST 187.16 I • • FEET; THENCE SOUTH 50'20'04' WEST 20.72 FEET TO POINT 'J' OF THIS DESCRIPTION; THENCE SOUTH 49'10'35' EAST 18.03 FEET TO POINT 'K' OF THIS DESCRIPTION; THENCE • i CONTINUING SOUTH 49°10'35' EAST 26.32 FEET; THENCE • • SOUTH 72'45'39' EAST 103.21 FEET TO POINT 'L' OF THIS I , DESCRIPTION; THENCE NORTH 76'26'39' EAST 55.33 FEET TO POINT 'M' OF THIS DESCRIPTION; THENCE CONTINUING NORTH 76'26 39' EAST 24.35 FEET TO POINT 'N' OF THIS DESCRIP- I TION; THENCE CONTINUING NORTH 76'26'39' EAST 47.26 FEET i I I I . i I I 1 a I j i 1 • 'I . Dated 1/16/1989 TO THE TERMINUS OF THIS CENTERLINE; THENCE CONTINUING FROM POINT 'A" NORTH 23°31'43" EAST 14.09 FEET TO ITS . TERMINUS; THENCE CONTINUING FROM POINT "B" NORTH I` 13'55'29' EAST 14.66 FEET TO ITS TERMINUS; THENCE CON- j TINUING FROM POINT "C. SOUTH 70°51'10' EAST 24.97 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "D" NORTH 24°38'47' WEST 25.78 FEET TO ITS TERMINUS; THENCE CON- I TINUING FROM POINT. "E" SOUTH 19°09'04" WEST 53.34 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "F" SOUTH 18°51'44" WEST 27.58 FEET TO ITS TERMINUS; THENCE CON- TINUING FROM POINT "G" NORTH 18°51'44' EAST 13.63 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "H" SOUTH 72°20.12" EAST 30.48 FEET; THENCE CONTINUING FROM POINT "I" NORTH 18'28'54" WEST 25.71 FEET; THENCE NORTH 76°16'54' WEST 42.25 FEET TO ITS TERMINUS; THENCE NORTH 76'16'54" WEST 42.25 FEET TO ITS TERMINUS; THENCE CON- TINUING FROM POINT "J" NORTH 49°10'35" WEST 26.68 FEET TO POINT "C. OF THIS DESCRIPTION; THENCE CONTINUING . 0 NORTH 49°1O'35" WEST 26.95 FEET; THENCE NORTH72"53'39" 4 WEST 144.14 FEET; THENCE SOUTH 17.52'43" WEST 27.92 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "0" NORTH 36°56'25" EAST 28.02 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "K" NORTH 37°28'37" EAST 26.79 0 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "L" SOUTH 17°04.'00" WEST 18.22 FEET TO POINT "LC OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 17°06'00" WEST 66.96 FEET; THENCE NORTH 72027'45" WEST 25.96 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT 'LC NORTH 70°25'57" WEST 30.00 FEET TO ITS TERMINUS; THENCE CON- TINUING FROM POINT "M" NORTH 10'03'03' WEST 47.10 FEET TO ITS TERMINUS; THENCE CONTINUING FROM POINT "N. SOUTH 12°38'57" EAST 29.04 FEET TO THE TERMINUS OF THIS CEN- TERLINE DESCRIPTION. • fI •{ I j I i 4 „ 4al T- /' ,.... ___ •ti 1 ' DATED 1/16/1989 WATERLINE EASEMENT "C. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M_, KING COUNTY, WASHINGTON; THENCE NORTH 44° 25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT-OF-WAY AS SHOWN ON THE • MAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2-WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EAR- LINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F.N. 433749), RECORDS OF KING COUNTY. WASHINGTON; THENCE NORTH 55. 55'O3" EAST 270.55 FEET TO THE TRUE POINT OF BEGINNING OF THIS WATER EASEMENT; SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CEN- TERLINE; THENCE NORTH 45. 27'54" EAST 142.69 FEET; THENCE NORTH 12°22'54" EAST 48.27 FEET TO POINT "A" OF 01 THIS DESCRIPTION; THENCE NORTH 12°22'54" EAST 19.20 r. FEET: THENCE NORTH 43.29'54' WEST 45.85 FEET; THENCE 114 NORTH 3°11'45" WEST 20.32 FEET; THENCE WORTH 45°63'38" EAST 216.30 FEET TO POINT "6" OF THIS DESCRIPTION; 1.4 THENCE NORTH 72°58'38' WEST 133.58 FEET; THENCE NORTH 45°23'41 WEST 13.43 FEET TO POINT "C. OF THIS DESCRIP-ig TION; THENCE NORTH 45.23'41" WEST 132.45 .FEET TO THE TERMINUS OF THIS CENTERLINE; THENCE CONTINUING FROM m POINT "B" SOUTH 72°58'38" EAST 10.50 FEET; THENCE SOUTH 50.14'37" EAST 6.88 FEET TO POINT 'D" OF THIS DESCRIP- TION; THENCE SOUTH 50.14'37" EAST 101.02 FEET; THENCE SOUTH 59°38'07" EAST 95.85 FEET; THENCE SOUTH 15.44'47" EAST 27.80 FEET; THENCE SOUTH 46°40'43" EAST 8.74 FEET TO THE TERMINUS OF THIS CENTERLINE: THENCE CONTINUING FROM POINT "A" NORTH 77°59'19" WEST 19.76 FEET TO THE TERMINUS OF THIS CENTERLINE; THENCE CONTINUING FROM POINT "C" NORTH 39°11'36' WEST 51.59 FEET TO THE TER- MINUS OF THIS CENTERLINE; THENCE CONTINUING FROM POINT "D" OF THIS WATER EASEMENT: SAID EASEMENT LIES 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER- LINE; THENCE SOUTH 40.37'14" WEST 37.96 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION. r � � r i .t •; I I fit'..4-A Dated 1/16/1089 1_1,0ELPLIK.JA5 I FN r1 rOMMENCING AT THE SOUTHWEST CORNER OF SECTION 13. T?IJN.IIIF 27. IJOR111. RANGE S EAST. W.M.. KING COUNTY. ` F. . ' "' WA^-•ITING?TON: THENCE NORTH /.4^ 25'22" F.A?:1 FOR A DISTANCE • OF S71.S4 FEET TO A row ON THE NORTHFFL•! MO11NDARY OF IIIE PACIFIC COAST RAILROAD RIGHT-OF-WAY AT SHOWN ON THE TIAIN LINE RIGHT-OF-WAY AND TRA(K MAP. PACIFIC COAST RAILROAD. SHEET S OF L1. VOLUME 2-WASHINGTON. RECORDS OF THE BURI.INGTON NORTHERN RAILROAD. SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT CF EAR- LITJr.:TON. RECORDED IN VOL!IME 14 OF PLATS. PAGE 7 (A.F.N. 43.1..74?1. RECORDS OF KINT: COUNTY. WMdTN(TrrN: THENCE SOUTH '7^4'''^'•- EAST 574.,^ FFE 1 TO THE TRUE. I"ITNT OF `[ REGINNIM'= OF THIS WATER EASFTIEI.11: SAID EAPEIIENT LIES • 7.5 FEET ON EITHER SIDE OF TIC' FOLLOWING DESCRIBED CEN- TFFLINE: THENCE NOR1H '•'nO' In-- EAST 15.26 FEET: TO THE ICFI•IIN!IS ''F 111I`: CENTERLINE DESCRIPTION. I. 1.4 ,A I • • • I rr, r i I � � I r- .a i 1 • EXHIBIT B SUNSET TERRACE PROJECT SANITARY SEWER EASEMENT 1 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, H.M. , KING COUNTY, WASHINGTON; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO ; / A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAIL- ROAD RIGHT-OF-HAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK HAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F. #433749) , RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH ( b7° 35'14" EAST FOR A DISTANCE OF 674.04 FEET TO THE TF.UE POINT OF BEGINNING OF THIS SANITARY SEWER EASEMENT; SAID EASEMENT LIE 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 62. 21'45" WEST FOR A DIS- TANCE OF 73.00 FEET TO THE TERMINUS OF SAID CENTERLINE. I I SANITARY SEWER EASEMENT 2 01 i COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, H.M. , KING COUNTY, WASHINGTON; O THENCE NORTH 44° 25'22" EAST FOR A DISTANCE OF 831.54 FEET TO i y A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAIL- i$ ROAD RIGHT-OF-WAY AS SHOWN OH THE MAIN LINE RIGHT-OF-WAY AND (D TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OD EARLINGTON, RECORDED IN VOLUME 14 OF PLATS. PAGE 7 (A.F. *433749) , RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 13° 11".E" EAST FOR A DISTANCE OF 642.87 FEET TO THE TRUE POINT OF BEGINNING OF THIS SANITARY SEWER EASEMENT; SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 66° 50'33" WEST FOR A DIS- TANCE OF 111.30 FEET TO POINT "A"; THENCE NORTH 66.50'33" WEST 9.70 FEET THE TERMINUS OF THIS EASEMENT; THENCE CON- TINUING FROM POINT "A" NORTH 18°23'48" EAST 48.77 FEET TO THE TERMINUS OF THIS EASEMENT. • f is • SANITARY SEWER EASEMENT 4 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , KING COUNTY, WASHINGTON; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO • A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAIL- ' ) ROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - I. WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT I ' EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.?. #433749) , RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 43•41'11" WEST FOR A DISTANCE OF 645.11 FEET TO THE TRUE POINT OF BEGINNING OF THIS SANITARY SEWER EASEMENT; SAID • EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 76.07'07" WEST FOR A DIS- T.1NCE OF 120.19 FEET; THENCE NORTH 69'18'44" WEST FOR A DIS- TANCE OF 117.21 FEET; THENCE NORTH 71° 48'31" WEST FOR A DIS- TANCE OF 206.74 FEET; TO POINT "A" OF THIS DESCRIPTION; THENCE NORTH 18' 51'00" EAST FOR A DISTANCE OF 219.42 FEET TO - POINT "B" OF THIS DESCRIPTION; THENCE CONTINUING NORTH 18.51'00" EAST 7.50 FEET TO THE TERMINUS OF CENTERLINE; j 1 THENCE CONTINUING FROM POINT "A" NORT`i 44.08 '28" WEST, 52.84 Q) FEET TO THE TERMINUS OF THIS CENTERLINE; THENCE CONTINUING [. FROM POINT "B" NORTH 71°32'09" WEST 48.39 FEET TO THE TER- CD MINUS OF THIS CENTERLINE. OD • • j I - 3 1 SANITARY SEWCR EASEMENT 5 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M. , RING COUNTY, WASHINGTON; THENCE NORTH 44°25'22 EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAIL- ROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND `f . j TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON. RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT EARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F. #433749), RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 26051'O1" WEST 450.45 FEET TO THE PRINT CF BEGINNING OF THIS SANITARY SEWER EASEm8NT; SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 41° 04'21" WEST 158.00 FEET TO THE TERMINUS OF SAID CENTERLINE. • LESS THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF SOUTHWEST 5TH COURT. ill I j • � I � ) i 1 . -f •I ,i • 1 ' SANITARY SEWER EASEMENT 6 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.H. , KING COUNTY, WASHINGTON; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAIL- ROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - • WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT CARLINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F. 0433749) , RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 26. 51'O1" WEST 450.45 FEET TO THE POINT OF BEGINNING OF THIS SANITARY SEWER EASEMENT, SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 20°06'13" EAST 54.80 FEET. THENCE NORTH 59°34'43" WEST 91.18 FEET; THENCE NORTH 22'47'16" EAST 123.63 FEET; THENCE SOUTH 70°16'25" EAST 79.66 FEET; THENCE NORTH 16°53'12" EAST 39.85 FEET TO THE TERMINUS OF SAID CENTERLINE. LESS THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF SOUTH WEST 5TH COURT. C r ® i I Reference 088093 .4 I M I • • -IIBIT C SUNSET TERRACE PROJECT STORM SEWER EASEMENT "A" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, I TOWNSHIP 23 NORTH, RANGE 5 EAST, W.N. , KING COUNTY, WASHINGTON; THENCE NORTH 44° 25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT-OF-WAY AS SHOWN ON THE MAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2-WASHINGTON, RECORDS • OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EAR- ! LINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F.N. 433749) , RECORDS OF KING COUNTY, WASHINGTON; THENCE • NORTH 76°23'33" EAST 1351.83 FEET TO THE TRUE POINT OF BEGINHI?G OF THIS STORM SEWER EASEMENT; SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 29°23'23"" EAST 149.73 FEET; TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION. a LESS THAT PORTION LYING WITH SOUTHWEST 5TY PLACE. } t r. 1,4 1.4 • � cc I Qn ( STORM SEWER EASEMENT "B" COHHENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, H.H. , RING COUNTY, WASHINGTON; THENCE NORTH 44. 25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT-OF-WAY AS SHOWN ON THE HAIN LINE RIGHT-OF-WAY AND TRACK MAP, PACIFIC COAST /' RAILROAD, SHEET 5 OF 11, VOLUME 2-WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EAR- LINGTON, RECORDED IN VOLUME 14 OF PLATS, PAGE 7 (A.F.N. 433749) , RECORDS OF RING COUNTY. WASHINGTON; THENCE NORTH 26°41'13" EAST 266.76 FEET TO THE TRUE POINT OF BEGINNING OF THIS STORM SEWER EASEMENT; SAID EASEMENT LIES 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: THENCE SOUTH 62'35'32" WEST 304.62 FEET; THENCE SOUTH 87' 32'17" WEST 109.34 FEET; THENCE NORTH 68° 53'27" WEST 179.77 FEFT; THENCE NORTH 51'48'13" WEST 52.89 FEET; THENCE NORTH 88'39'58" WEST 127.91 FEET TO POINT A OF THIS DESCRIPTION; THENCE SOUTH 24'36'45" WEST 38.54 FEET TO TERMINUS OF CENTERLINE; THENCE CON- TINUING FROM POINT A, NORTH 48°59'40" WEST 42.71 FEET; THENCE NORTH 18°50'12" EAST 177.17 FEET; THENCE NORTH 76' 55'31" EAST 120.71 FEET; THENCE NORTH 20.44'21" EAST • n 39.71 FEET; THENCE NORTH 26'21'13" WEST 119.44 FEET; H THENCE NORTH 17'13'10" EAST 70.80 FEET TO POINT B OF C5 THIS DESCRIPTION; THENCE NORTH 38' 44 '07" EAST 48.44 (n FEET TO TERMINUS OF CENTERLINE; THENCE CONTINUING FROM .4 POINT B, NORTH 71°17'15" WEST 175.97 FEET; THENCE NORTH 10°05'28" EAST 45.16 FEET TO THE TERMINUS OF THIS CEN- TERLINE DESCRIPTION. OD LESS THAT PORTIO!! LYINC WITHIN STEVENS AVENUE SOUTH- WEST. � I � � 1 1 • EASEMENT ---=1�r a valuable consideration, receipt of which is hereby acknowledged,MI rB�`C nlor(s) t N Sunpointe Associates Limited Partnorshi - .Al hereby grunts._and conveys to the Crunlce(s) � `I`�t'- w- 'rO tt - .k .' '1 V� SUNPOINTE III HOMEOWNER'S ASSOCIATION TFt)IEIR successors and assigns,the right,privilege and nuthority to ronstruc0 mpRkal,Ictipi6�•�• and maintain SANITARY SEWER MAIN 't / across, over and upon 89.49 o f1'�i07 �N114U feet ar 11, erlirtwing Iandi.iecatod in RING �County,State of Washington, to-wiCECC0 P. 5.00 CASHSL *4:44-7,,On THAT PORTION OF LOT "A" $5 o. 3-87, RECORDED UNDER RECORDING No.E8709099002,N RECORDS E TMOFT KINGI COUNTY, WASHINGTON, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: L1 c,COHNENCING AT THE SOUTHWEST CORNER OF SAID LOT "A"; THENCE H • I8°27'51"AH AN E, ALONG THE H , C ` FELT TOANGLE POINT IN T}1L'WEST VESTLFNE LINETEREOF OF SAIDA DISTAN LOT "AE";OF T}ILHCE89. N49 89°27'S1" E, A DISTANCE OF 40.64 FEET, MORE OR LESS, TO A POINT '• _ WHICH BEARS II62°00'09" V, FROM AN EXISTING SANITARY SEVER HAlI— HOLE, AND TO THE TRUE POINT OF BEGINNING; THENCE S 62°00'09" E, A • =•, DISTANCE OF 74.00 FEET, MORE OR LESS, TO SAID EXISTING MANHOLE; 'z•, j THENCE CONTINUING S 62°00'09" E, A DISTANCE OF 5.00 FEET TO THE —" TERMINUS OF SAID DESCRIBED CENTER LINE. • CDEXTENDING AND/OR SHORTENING THE EXTERIOR MARGINS OF THIS EASEMENT CD TO TERMINATE AT THE BOUNDARY OF THE HEREINBEFORE DESCRIBED LOT N "A". „X\ To Co roe&(Lr TEE . bThe Cruntor(sj shall make no use of the land occupied by said SANITARY SEWER MAIN 'KW i1i16 40080 C. • Cr' except for LANDSCAPE MAINTENANCE nEC-G I- `+ GF.CFFF .7..nri nn • CASHEL '!+'++7.00 1 In exercising the rights herein granted, the Grantee(°),sh FrR successors and assigns,m'oy pass rand repass over said EASEMENT and may cut and remove brush, trees and oilier obstructions which in the opinion of the Grantees) •r• • 1 interfere(,) willi amene£ R MAIN MAINTENANCE ,I f� I- - ' "i1'.•A `"''• '' i The covenants herein contained shall run with the land and are binding upon all subsequent owners thereof. .r, ...,'.., • .:.'?. ,.•., . ... .• ,. • .} A .f,.ts „ r,, :/C '. In Witness Whey .41�yu(flfGrpgtuc(s)1lAVE` axe used this Inslrumentr}hle 1st day of NOVEMBER t,-• /.t8.,g0.:'•..i. ......1:1:;.Saipolate Associates Lllgidtod Partnership t-...r.1•.t••....' Shaltpr CorGo 'on of Gpnada Limited _XCISE TAX ;:"°yr�lftt_•-- rrror�`- Co. Maim1 • tic ord N. Blair Deptr -:.,,s.Y..,:,:, . ... .. Gil irifC 015( • Senior Vico President', Properties �1(.Rbf CANADA .I{I 1StoWuU9X R Province of Menlio�e't' r r•� ss (Individual Acknowledgment) I, r,.y cppir ••'Pro Ines'' < - tbba Notary Public In and for Nsec la•0 qJ� residing of 2600 Seven Evergreen ?loco, Win • Ri194{l:reby •certify that.on.that ',_ "!'A f t November _0Y 0 90 Ri ,personally appeared before me chq •'.N t r ,IU 1 -•t v•z _ i to me known to be the individual_described In and who cxccuied Chilli( .su-1"1ii ad7R'"d ucknowleJ'eJ that hO Sen1Qr `,' f = I 6signed the same as Cil,i ,frtciRblEvalii til'y:dot and deed for the use! and purposes herein mentioned. Vic.t‘'1?sas*d t4:propgit4e'.,• • GIVEN UNDER MY HAND AND OI FICIALSEAL!his lur'c 1c��rNd4fflnbe•r • ,,`'' Notary Public In and for the 9satr7obc}yapistrig Ip;e, rciling.al,' •pn,n ' ,.. in saidl0iril It i it. • Province of Manitoba A1,;,•4rrd/:l�}-(y8�`:•±r.s:r•.■ni.•province. - N m�ML{jP Y l:i�tl l L s^.m CW OC. w F� • /F \ '' H v - e /.IC'ii/iC/ OQIIEIDEP" - E10Sou... .vd. Tukwila.Wm uo188 J SCHNEIDER HOMES,INC. �1610Southcantc,Neva. Tukwila.WA 88188 j O N o ( • Q` c) v r^ +• 0 • Y) _ Le. 1 Cow of Vag I■ Tb Dior ki comb a mkohia Ike Corq,aak of Ilemkbpsis god a:o cio saaakl,t of Akb ad oar Ykckakott,do'me** hawks catty ekk toss ccapred vitakM a!8!N bowing■ woo aifits owl d wad Idoaim admit—Iadered pdkr Cara t d ale adieu!a✓et r• do Owed Whom q had ad etiid sod lJ s ,t ` ecen1bF r r9 Dims r j It Skulks a 1��:t erg 4 7 ,11 I••-r•. ;. . Ii Mr .. ---- re — .""4` Deed Jan 25, 1908 9;45 571231n \( 2Z, lar8 Co 9�5no. ',l Jan , 1nve:,tment.. :om oe.n a 'a:sh carp �., Jones-'"hoaspssan TO _ F� Aiken • }. P ` . ) a the► • folg Moss lnd sit in ?'CW l• "r 'r F d r Ehsc F: Lr a p tot 24 in ?11-.. 7 in the pla`, of Earlington - •• ;;,' sxcaptinc; and reserving, however, unto the sd f p. 11.e suc Y' minerals of every kind n on ante under the .i:n - UM a f, all coal ssn(? P . 1Lnd arr des and the right to mine the same in the nunsl and . •. = ordinary c nrse of mining. I the ea f I' he ceased these prevents to be signed and ''':r ':i. executed in its corp mole by its -s'res an:? its Sea th.�rennto . :f:- o. " '`y . duly authorizers ant i t 3 corp c to oft hereunto affixed •Y+. Fa w J -7Tp dP9^„ ::'7 'rl NT :0,1PA C •-:4:•• ' .�> .,. Carp ee� 1 Its 2residant `: ' Ay ?red 7' Thimepson.And A A Jon.sa, Its Secretary S of Co o, v)se ; t Jan EL, 19:e by 7re,i ' Thompson ant' A Jones u.^ ?roe E(nd Y °se of sd :orp l :orp !'1 cl ) hef John ° ''•etcalf q p 1 ' f the 3 ". .s 0000000000 . • .' .:. - A. E. �. ' !• • ., ..•!}N: • t f`•T F s' 1, + . ♦ .1 -i: • J -,,...7.,. .3-:. ;...,. ..-i..:.• 53123 R i _ a •: 5312'Gi8 Jun 25. 190,3 9 ,,t7 ,t.. 1, :� ;o: 1lpr 9, 1907 j /, ref :'.c"off „n ''.11�on 1711 4, in ,•%� �_ ' : .:Y:..t_ ,,,� 1 gP1'. P.ra F; Ts E�'111 l:�`2~ 1 ��L ii f.z ^i' r ,,•c':c,; ,.;i,? o. 'c112.' A •..° "4"' nb1e �l' :�- efleh�*n1 P �e d, s - ,• c q . r , }; -ther a11-+f o. 1' o i; P r.l � � L r-? n {'?(j .. ` ,r, , ,•a. . a fly ry ..' t'r. .r. P FY.g.� ; .- ;ti i; f eir ., .F fly t X}oP. 7 :ice�� le (} 'l:}1F!C .'t� 1)Z1T i)I' !%?_ - r.l. i. of Apr� , nc 8 ...a, .,6 I. R � rtry 14bii�' �11 i iisrPer• j, b�r art "," - _ -�-'— --', �-�• dam- -:._r--^asa ` tr • C ` / 1 b43r?b / _ Deed Apr a, I�:B a�•1� EFL �58�.r. 1, d' , Feb 1" I II . 35 '• donee-3'tia �aa �ngastrsanL � 'e. ul IIsuparier iv- f=, e .. — — .. -Iot 7.8 in 31k 14 in the Plat of Bar.'.1ng n ' • r 4 f"' - - - -.A a *a rn 1 ♦�. C>>rp see], n.�� se Sams tr 3 aS 7 Co of X)8Ro w ; Feb I?s 3Rt?8 - - - - —taa 4.0 ess, bei dues H Douila s _ — — — - eeel .' tip • Yak i. . „=*.. • • • i,Ti' IYtriP is j ` - 4 i.- -.1.. - !w 7 f T: s: t • c r / j P; Sewall l Carr arid }i Carr LUG end tgf of �`� � ,•� /. / �, TO T Saxe of art �1 a jr + �_'a, it tU 6 �: t to law; 'cal e& C ir: /:�.'I° : r Lo,s l: , .'.� �in.i 1:� ifs 1 1 `. .ke,.:.;.,..re,/ !;tt: :"->•� Lnior. S®aor :� MnAFL to 4 c of t« It is -xl:rc�l Uf,c:ra ..cc�: �ci r ':' .`:,, t Y ,rd b�- ar.d btvri the partlet hererem 4= -, . Wit. tEL... CUtiV•c'f:Clt; i'_i ^.!C flub,', ;c. , & . the grar:I,Oe :?:by` aam and '7''.,ce=+'. l E, pay a ci:t: the ndd�•d tn '•;-�- fex ' +�t y t co �.or tnio 'Con rnce any' .-ti!> Nnprzul ♦i.L as i e a ,-.:.i,,, ",4+.7+�, .,,. . :l Y b.i 1 1 4-T.t ..r•: a::I•UC .�,i t u 1 r ::K , .G r,.: •:-I T'? i r 14 t lia e, 4f*t c i t.s: r c.� �f, arcs t}_tr + c ' 'eon C.6 . 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Ppre?erve for then:174' !h.-1.r moo end ev. lens . -4 ' 3. • •• • 4. - .3 • • forev r n11 coal end ott,-r nInrrely 3 1' every kind -i •'• up-n or un4r t!.e l eb3- • der sr.' rIp,/atto - • - c,.. . • . . . mine ..-.:., in utrui a ll ra )r.1 I-1.'1 u:: z.- r P . nintrt-. • , ..: •r 4 • ,..... .. .. .... , . f: -.•••,-: "4*••• '.- -' ' • / • 1 rit :'let' real* ... . . . n',,,• nt 7(:r b :ept 19-08 by -1,1:-. end •T.:. her be. . . f:.i.,:' . ' • -: , , ., , A chibtill ',. Jane, 'IP :or " . re nt 01 (''..3) . .. .:. ,, • . . . .. . . . •`—4- - • . Ina by irajteei Anil rerlinetom, ' nh 1 t, t • • • ..-f. 1 - • . , Ego • . ... „.„-..,.: •,. . .. `4,- . r - • '' • , ; „ - . • ' •- •t•••:-:g40- - . - . . . • . ..• c'e .-- P-;•: ''• -• ,...a• , •••• '. ... : . -•-• ••• 2,"....4-.. • - .• -• : ' . ..'....• ' -'•• . "'.' . - , . . ..... •• ...•41.. ', ',11... :'• :: ' . ...: ..-!..;;-%-.-..7-*. 'a. ......+:':,-:' •--3. * - • .t1 ' ' - 1.• •' ' :.-:' •. . •" .. 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Fld -ept f.1 -OS 570103 1.1. .ti•-•,-,-'•••;;- • ••. : ••• . - I ': '2,:d ' ,r*. 19-18 't.'f 0 .--i :••• / 4.,—.. t.t. ••••••.,_e, :. •4 • : .0,2. : . 1,1 i,..i::-.....p,'f• •. I 7--' •,a•i..., •-_ , • • 4,..-•". 4.•:.... _.• _ ..r, r • • . • ,. 0 -t',Tr?' -J.: v . .i.„1",.;•':t •i..-,--:..1 4 : .' ' to- i ,`..: -.:t.• !.. ••••,....„ 1.T. 2 ,fele...i.•..., ';',, ...'%. ‘.: .7.. .. , ... 1 ve-.2:. '.''.' .; :W... ..•, ':' .:', ..-'.. '.•f.-r--.:..... ti'•;k4...- •, -:04',;;,:",•••.;::‘:4•1f;t•, 2- •s- ' ' '.-- rcc :-.:.- , I- h- •-,f: : -.- -.-•:• :.,--.'1. 'tdralo.".‘-,"—:4%-. :•' '. ' ...** :n+ 2-: 1-. -.1..--. 7 1 :' : :+1 i- ton. '.. ',..r.,*.-t r.. '17,:t".:-:-:-••' ; •'. ' - --..... - . 11-i,•.%' • i.",•• _.,.. 4.1,,ro,t4 -f-ir•- ......)- ...r: 't” ;. .-%'. .`...,".'...).?* ''' • — : • i1 b' ::c- & Xc.:.::re (1' It .`i i b it :I- • t f ( , 0 7 T9-09 617521 , . . . .... j wail, 2', 811500 • , , ;Oka-Thompson Inve 'Lent -ornpf.ny, w %fa itorp .P.. { 1 TOAen e3 Tea:rr widow V • -• 1 _.,IP i` •, , -p 4". _ An:dtorp h cad 9a fit. Id in, .t ;c; Lot i '.7 and 1n 31k 7 Zak:::.nit on tnyh s. � 1. { ' 7i :trd ran unto ap Eno an: as all coal and alle+.-1 of every { t kind 'upon nod t.r.d 1: at dna 'tnd rt to •rino th en in th,• netts' { 1.1 • * ar.d Ord coor-.. of -!:14ng j ;•,'',. - , Os '. ,c hi wad the Tres to be agnd and ex in :t orp nt>: by its V • •�; z • ti 1:., • . 4• •- :0.1 . - - pre 1 r.n: 300 .••reu to di! anthd :.n.i it t c,c tl to on h arsunto _ r :;F rii. ,..t', Py lamed P. Thot,p:kon. I! . 'roa • y�'... '•, .nd :. f. Jones. It3 •=eo • I i- •,.{ 3 •4 ok •.: F.-w on 5ia;. 27-09 by PP? and 1'.J pre-4 r:t� eeo o f 3d orp i t (op faro; bf -ane IP 'or re n! (: 1 ?'. :1,, t veil 3rown & !ic ryes. Renton (Z) 1 1 'f • .; - ':/ t Jet• ,. ' �:_ . • = • - 0.,.. • • • . • 4 1• :1 •k.•, •.a• • / - _i fi. te .. v•I t •~r, -,• V; •' 52P 3-✓ '{ ' _*`,_' . :F' '..j P1st 3-, 29-09 617523 ,_ . . ' s,,'44_4,. '' . 37 :ee •e Van •sans "sthiye es en h r ni wf • J- 1 .,- '• • •,- 'fig is r. . di nbr,o09 11 o . 91c 5 and 4 Yc w • • [� 4t"' J: 'rick'.. Pa ..d-. t', t• ,` .• 1 f i ns reed in r ,•t•r'' r::ff'•!• Bol 3 rpr I" o, '"1 of 'h.- r'ad , 'of 7C r.nl tht ' 4'A-7j'!�.1�,.,R ,•„;,:.F•Y S i E=. sr t 1 _ ••••• '.. . 1y i a- bt.•:, I d Blia r.ctd by Ord .' I • 7 • .. .. "... ''I,1�,',►. ..f 4' 19 n 7! - i :::::. �' K. Th .s Bihn a. t0 ,, , ;-f. /, : `� :47��• :a }.«� 3100'•: _ •r:nfi^iaJta1 to g1' lA:fl 'i,sjilt: :_t':� 31.r;: st.Pe ',nt•aItJ1'J :ntl^• + :� 1�y�`Wr � t ?:�:� • 1 :nClll9 I� 'Y,t ty;::; ccr,� .� ;. :ac�1 b' Ord �e0. 96 ¢4 . •r..a�'!.t.4.'y g'-• r :..$-•'---.: 9 - Er .1 . ,.,.. • mu ._ T.7----- . ';':'5'''. t -. .!. I • • . r i t ?_ram �: D 1d May 23 10 10;47 / 684557 Dtd .'ar 23 09 Y820 Jones-Thompson Investment Company a core under laws cff W . To 0 Beiekson P n g a c c '.n sp ha fdl '.n tCW Lets 4 , 5 Qv'; 6 in Blk 11 in the plot of Earlington,W eaoeptg E: r eservin7 however unto fp its sue and a forever all cal and minerals ofevery i ktn3 upon and under ld above des and 'ne rillt to mine same in usual and ordinary course of mining o vs: 377 • WW it has oA.n eecl these pree t:. be si fined and exectd in its Corp name_ k by its Pres and its Sooty thrunto duly authroized and its carp f seal : o F nru nt c affixed d „ i -,1 n_ wits 4t.: ccr, sell]. Jones-Thompson Investment Company C7 . By Fred R Thompson Its Pres and A A Jones Its Secretary aC'7 Mar 2:; X09 by FR? and AAJ as Pres and °lecty resply of fp 1 ( csc ) a•--f 7 D Lane NB for VY ree c t S Seal Aug 14 11 Pid by sp is Rentcri RHO 114 _ - / :) _ _:•t ... 77 2: 10 l0;48 /, 584558 i • �!• )' d J n 7 IC y675 :: Tno os:.. - 17estmo?it� Ccci any c. lorr arm 6845557-- 'Elli ---- ^r� - - - 13 . r, i.. 3I:. 16 of Dl :t arlin •tea , accd.; to cffcl• plat .rir f - . of rood in CCf in and for c d Co and St - Y - yy 4. : 7 y- 1195, r fxF !z , i '` tt a 1:2 ot.nd ::.., , . h7 .:.--.:-.71s.:11` u Acr rP,.. .- 4.- fi , 4.1.= e• :,..n ,... avaimmigiummstry"4471Pamik*odoks•-pliet 4waf 1.0-' + 'r I•i- t' 21. imrvere r“- ri-,-, ;r-..i.t t vc.rr Le -7... - -- v'''t (-• t• •V 1 . i. I; . '.itt 1 vrr - .1 •f li 7 "ibeni: , - for +}-- 14 II Ci r ;15 r. • •ii is t. 3 1.: !.-1 111e by 7-41 ,1 1 ' .1 .tbet r.:.!•- 1,!"0:1) •'11e1 %.1.,,,..! t: 1916 4-20 1.050C)7 Pt Aur i`i., 1915 f 500 ,Cc tro Jc Z'orien-Thompv.ir. Trasest=trit Cota,Jeuki ta oorip of viz t . Iv ? Alban of Eiirlington 9M - 7- -fir g IlLel a _to, fri,) h:Aft 4 i...4*-Ifir.-1143:4 433- t Si"..4f ' - " % ,..- - 7 f•-: ,:,' 1.: , ,..7, -4 7.S1, :,.:1 ti'' tv.-1.- 1 0 1: 2.3ha k,9, ?-1.:-At2 1 31- trot= iloodt. kiet:44110 17.:141:14 ril at t) of f on -ft :and.of -i.ivie Zn VC/7,1 istforat 5*Aft 44• 4144/110f:34/ 44€;IC C 'V t0-75..)2 - • .'....; ' c: C :i t.):.; ' --611.r.:r"..• `'..;Le ..IN...r!.41.' 4F:rf: - (To-rs li In wit sh‘rt 1 thl f has csd t toss its tg be signed anti 4!zo Sat it cord n ame by ita ;tits ?and its sect: th auto duly auaqiztt and ite carp el '.o be hunto at f ixsc: ) .. . . i 11 I . . 4. A-1 • • i . • 1 :.•• • 1 - • . 44, 't ' :. :. hilt -. . , '... ..,..,.... . . ...,.. , .. . ...1' J , • ;;;al ' V • 'Z'• • V . • e. ... . - . . . s 4PE1 .._ - • r • . • , r ' .• . ''••• . , . . • .. r . , .. — 1 rp F. • 4 . . :. .. r • .• . . . . ' , - 1 • . . • . . . 111 i . ... r. I • r-: i !•., .• .•ter,= . ' t., • ... •t . y, 1 4, I r{• • „ - to :i... 1 ,} . AR :I. '.It e . l .. :.2i't . '^ i r .tn... .ter • . ; . • F i •/ 4 is v. :.. :. i •. . • .' .., i - I a •:I• , .., i- 7 T l- L . • 4'1•• K .I • - - z t •. ; y.. • [r ! f, . a. -,' �i q ;LT 'S-.r{ • ,. . • .. i * + •I• i :,-r 47,7: 0 t 1.••.*.1.1 .. ' ;:.: ;1.• 4::i J L'.*.' u1 62 .4 t..Vr {! V. ai.'Cl L uY'/. .- ' .G.J • J, 1 Y. .i' . �r./.• f. �ice; 4 ^ •t �+;.'-t: " f 4•':", �' ;, f. '.(; wry ';Usroi4g0.d::t t.:0tl''IZL'•:�.—D4:AZ C� ' ,'. .:F� 7 ,. t s ^' i!t ' " .i iL 1' 1.:7; :i:J•w'{t;.t^.'.x*,'T; pr.-1 . .� . `_ :;.ta a - ' F.nt54!:..._: pt.-r" 3,: F.L'*'•'•:0 ;1 1t18tL;BOA ti: U4.: 1'L:^•7 . ' .'I =.l• . > . .•• . , �- ' . • • • . • it ; . • . ' .' . it -� •{N i i _ _ 4•y • - { 0:.:.: C: >0 t;•'.T:s^ r.eTllT...I. +j' T-rsttiil••. :Zj: ice'' ;i 4r'L9. : 1117 7 07, ;'4 a- •f•II'i', ►7 t•Lrt •:1p j bdi:C,i :311ri t ;PI{"r ' ( t '3 rr�1r iT •• i F� titA V.L1- t . i Afro ./7 lfii A Lu.I )J r - 0'1,•n •!trT :f;z -c • �f L J :;tZ itt4-• in t; ti ,".x :, . .i •. _ t.i1 f r �a►1i: ua- 9-17 h�' A v Ctl' 'nil cn' Coo T .of t2.ra Lc s age'es �4 for Co o; Los 2 ,F�3, ta�'A o i Cal bed b e : a , Et aria 1. ml Ts wont Marble Co, leoocsa, tin 0 0 0 0 0 0 00 0 0 gay 22-17 1 E-26 1136119 %J y Jane-Thoispron Inveaattsent Co n;J. a .eh oorp -, 1 t - TO .., John 3heody and Clara !heady ?p g b e o and o to ep h and as fie 1'1 in KCI Lot 2' in Bik 12 of the Plat of Nar3.ing't on Sao end rear unto fp eao end as frvr all ooal mad ainerals of z�r ery kind. Et on and under the ltl aav des ant t rt to sad .. �s mine the sm in the usaal anit Drat► oourse of a .n•ins, twee ingress and egress to and #m a d prom for anoh pis Cove: C :', Zb , fp ha aed tha prae to be snit and -xo in :its oorp nu by .f its It and its sea theren .to duly anthill and its oorp ni to be tir horet..nto a:tzd I t (Cp 311 Jones-Thompson Inv,)etment Company By ?red R ?Rtoi peon Its . •elidertt m .- And J ? Douglas, Ita 3eart�tary ` , ' ,• rtan am! J P �ottglatt, Pt and 341c of]Cn, j bh »7-17 by ?red R TbAmP J-= Co the oorp tht axe Aithn an frgr i•natr (Cp) b,ef Jt A, :snot' JPi and f 3 of W res at :; (B� Aug :0-17) F'A' ti b; Grunter (X) ; �, ' ? l •'.t I I I J MD; k 2-1? 2-30 1lay 1 .-17 ) Palph u Lewis i0 o a1 4' A artt ^r , - 7 ,i(f V I rp r ricl'aan..: fry: qc to up "n and. rl.1 z:Z of the rt ti .-n int I o of .' 3:, r 1 Ir, r,: Y.. .mot" F.. E,71,1 .i 62 sik 5 La ...mat 4 lett:i i llc Put :wand. *e21 'Dad. td� I ~ The ti by int 1s sap pr t: of fp hvr; ha aord us an hr of Julia,But1Fr . .; -_ ;tpo�ene ;n �, � h sa h _-1^ b7 n,,1n;t ,:,�;A . :Ivi' Paul ::�[;qv,. •- �. �� +�r i Sil.1 ,. IO* �ti- ..i. .11 orinel ::n(L '•y 2:" 19) .alt.._ ':C::':. ;if 9 .1 v Li:uiIrw. �_' 'rsg n ill:.VI.lees' aa •._ ft by Drente* • • • • • • * . . - * r; Sstiersidi re eitUul,its X 101.tageralds bet of / . ' mit.n 1 ttt .$$`q�s s� aa11� 011q 7, `• ., y o g U-.s a eed •. i1s . les! ' 121' Ilkia- . . ' : -%1:-.. :.. . --.. . ... AU el' rats 311 --411Sti.-114'411411e-44" 111A'N;iiiiiiiiiiiton - 111 .� ..t-. � • Imo. '. - .. i .'- i.. "zit )art, feu. tart T T �,�ti __ . •„ i txz to lty��s.T �' 1 !�1i _ ".' 'l , wad 1 !1ek.- 0l�wk ,After zglk ' , _'�' !!.__.- •_. r-,� / �. •, -si '•?ti �, `. ?.a f>11.. /:'l . .1. v ,4-.n • - `^I 2 .. t.: 'A. got-+ .r:._i �!' �� <a�. `. 'M � - • P. Fl! :ø .P a astii:t•= 7 +IAI Oil► ss!rte.... , • .. raaaainth Cs Oast lit it. 2,40 by OP Plft0eallit re watt Siestas 't ; • a tiege read, bwf bed.; X _' It.1.-ae tt f S at Seat Ta �: Kanainth Co To, at Chrett tot, Ts,(1`At- ft t 1 eien s (� - ••• .•.'cam• , _ • +s:^ • ' • • • ' am `' '� ,: 2 a* +. ' , 1,. • s .i+ i rh.. R r t �� '�T i Apr $•" J 2t .52 1407e� is;, rib 1 -:23 1275 ��'s I_=.:L :,....-:•1;t:_.....4-, g. ' nOahfa ..S.iLy. (. to 20 Ch1 r :eL N2.2'•78uIBK ,72: ^•, t: ` t1 l CL tci 76a=p ,n:J 11►84`- : "ft.!: . .1 07 ,;.e' "' T,e.' to �_"� c, ..5.1:�►- a In t�C�r `= tts P C`on 1 '1 `'-r �.,b ram...213 aJ IT .X Co:: , .'.'..:G+' �.•�' Ch.t.. , L,{( ,s ;1? 1 7..t. n iiit.•% ...;- C C ,:T. - . !' (tt-•y:ri 1� .. r 4+1.a ► (: 4"'�• �' 1.s~M ALL4414* C o et . Bit► 6"? t7 C A iltres, b f tar+st '!t [ 1—r oet �j�-�•`r • 9 nd iss 1S•2 i 2249. s6 , ir6 j 4. t Oat • i1 / : ___ J s ou Iartl -talat Caw a ory of an , . 1 ,-�- N tt�'„-a,, t J tal**4 4 1 A & tq r*M 7 f_ sad" r +2 :'► sSC t = /et1c:.tooth of 4U4J 960: , ' 1 f a� a teal t i.stxiote srs'til.::taye -take ., - 3S'' ldf' 1.? s v .rad tl•at p�trtis et tct 4r Its*i4Y*rit sait:peat , str iee .La roe - t eaeliagi��, it e g tob *PA 0 '� oar.11:.:- - i4 a it *of , a* ejut*t4 t trait: #1➢a pf-so e t t I' r-sOrex 4u ay �t«Iiadt , mcs Co,% a aotp gel ht* ; :;- Corp et iiraa�ea am►poa� ttras A` air ; i ir*--)r 1417. z. s• at y 't3s 'v.uaot •Joe4s•gl~4ai ca Xmas+aunt C0 (Cr,ir foss ) ' .t t tt Oebc.•. . ;▪: :,. - .A ; tot fro pose it4C8 Fob t$ 416 ,1 Xai1 'op $C4 Ult. blest �. n r 1468386 ,'O W fit Tarr 1$40 £- - ti , .+, 1 t•C. 410 mitt' a m 64a Ire z r x., Yol , ° F "to R,sli11low ,'s'f i.- , t/ cy. +it'r to at+ L3e.4 f6lt r4 9i1 .:-,17•,--.-. -_fr tt: $9 of kot rrfi$ual'a 3prias 'Ttl:: add i So. 2 oasis's to t:2111 Atet r bds to vol 11 of ;AAA* st gg �' of the Pis of k c * litt ;21 ) V. I .fts Ots: YYHli IW'i s1 , 4 )t ntry A Volit ern 41 -'T' lj to A Volts:t a b-ff . '� :it2i � L''� �:i`B tb��l�.t *lit �'il~+ S Floyd a S'121tves a y•fer Vh rtet of . .uwi a,, 6r 1hi<, t b'tct * •ate• - 4 V gZi? to 93 ,erg t P14 Vie 15-2C 2.-4tr • 148:3244 - / , Oct 26-W $1 ,5 1 11- ?•,tt"- s a Gad-t tan J r.l;' r.r1t dud t hr.f Zf to , 'n r . to l ii.e:i Rlic1 •'„ , bi:4c ;v ot.4: t Se-41a ttf , ?re - , 111 er r k 3 0 C to I p . atrz: a v ¢h 4 f d i d in 2 s. r 4 r2,e i e,t3r8zit. a,17, .7 :.-,-I C .:f e! t lit :;]!.s DI't l; r. r;S' t e u r :•. r::a' 1*, :n t -: b-i ,d la -4i ' . / - 7CG to l ;,t,,t P,T tM• un acce.. ,. ; I 2,, , .r4}G!. a .et' b+ _�. a r1 +• •♦ ,� . �r ]Ai a ?! +. ... 1 4'1'. r e'. P. { . t is - "9 :.:." •..yid; 01 I..t i,,,,.yriL.`rgL�{. gL ,�,p J jty`.. ��'{ y{yr .s� :✓av-.}' 4'ni' a�!' ett5-irs.i+Ju'af'"'"si-��j .q�,t'"i '- � .�r�f { ^�.r+v� l�+ca c`�` t -.... .,~ y7 r : �r+R�T �s �.t' t 'i ,,M^` Oe.- '".4— r!i' :` c' -•'4.: .4 e r:. , !: = 'S• . X " ly iv '4".'h y•_. .. ';[".r,:,'�r.:.. :. s �.'. �7rC .v�,M ;-- � 'c^' :,t7 : jt.. N r i� * r .... _ .r.. _ ...-�...._.._... .-.... ' D r 13-15t1 lr 25 - ?5�t8 4 - ; : J , Sep 11-26 $1CO4. J (, ...r '' hons t-Thoets can l dive s t:;ae at r.y, ti a ory of 3s eh ,D . to , ; D D E naleq' and Amandaas2.ey, hs 7p drawn hereby 4 b a e:j and a to ap, I: a folg land in .toys{: L { Lots 4 cod b bit 12 ltmrlingtoa, nir, LW, to the of--A1dial plat thereof on file end of rkd in the to of the Adr of sd scanty and stets. fteeptiva and; reeving, hawever into the fp its e a forever t all exalt ai.d simerals of every kind upon and nwdar the land etea a r. dime and tt s right to mina the amp in the usual and ^rdinlry coarse I. of adniag aired free Ingress and Agrees to sn:4 fro ad premises for soak pest. - 1' Cot: 0 I III the fp he* a# thine pr to be) end efso in its t;. sad ` ' by its per„ end Its *CO tbt(. thlp math and its op al to behto ettd op al James-"°L ;don Investsant Co :, Company 't lr $,rsn pre:tc lei isoz W Perker sa,i Kole Sep 1,8-2e tu T 7 Pran and nelson It Pricer the pre.-, !vas sea of ,,:J T I C (or) bet Wesrd faint, N P for Wn it B. NS Seep f--26 (111 to I► D Y Nnalgr, Z�rlixgtor ,, la.. t o ((}/ 11 ' D ly I:i-.9 10 :5 2543297 X. i -29 "n , Mamie 7eascn tin l '_'ar Yana.D , h and Ella nal= 3oertlhc:n and A x �.-F ilia M Lnoenbi::I. / •,' }I. i 11•. as up and qc 14, sr, all ;rt in ni: ;'c.res: i 7 10 ft of S 620 :Pt of aT L Lc t .I., bee 19 -p 24, N I, 5 ?',WTI 1 ir.g E o,' -airier Lanza td 313n:Le-r a orr roar Island- end ell shay c lands of ?red oles,>r '.:r: front, alat,ent to or s,butt thg upon ad N :lo ft , at in Yaw. �E m1:5 ;• neon • b 't `j :C;r P,r on A I, :.er iman >ori ?u..n 3--Z9 1,5 :=r. . 'car::.- el.:, Eva.: ...reason . :.w th .Ind :,,Ile ::e 3o '�+n ae:, it . aJ.."'1. n , hs:::,i 3 : 9'i'ncida , ` for ;tJt a t E. rs -1.-., k 27•-;1. .:a ;o 'icl Ald::re,:,q 4r:5 "' _ 51._ 7,', .,o n 1r T j 17...::: _L.) 1. +f.-:.. : 829 5 7,N,t_ Y. ��j N197n3 'YR . 1- `F'?3�achs1r n.ce •:fl 3C 2c .tro ! 'i , cra / / ^ _o. , ;r -+" .�f :l ire --od,'__'rt., Li:ei .> ": 'i,ccIrIrd . Jaz io:': -d'h;. 3�"'^ '-pa a -•-,ct :o al...1 an,.1 4po ,o F:''.'.", 4:12:: '"rim.,; lend in t_C'r : .t �t•,s t: ; I .7'..: 1`- ,n -Zit •-:► "*=1. ,I �:_ � "I.":A J� . .,..�. r . *y.?': '. ' . �w , :� �: �}}[S mil .! .,hr.r � 'C- S� ¢wz 1 +iJ: /•• ,�A —rlc ► '-.,.. �r.. ,..Y•,�•). Eli . rQ �. .. - - __�. .. AtyCf t!l�fJ•O/warn s1 W,�.• y 4,j;ti�.+�, e!-^^ter _ _ - _.. . .... r,,,.-,..,L,%•{- a,rYA*& •.Dt',1:..:,i. .e..r•;.•r 1 R•:1 T it-- ;f it 1 .:'`fi "r•�'r- "� i 1'R V S. at.'� nL..' • ...-4-',,. A . ,. �7 i 2e P' 8 OU •r,. =►I:WA,PAIR STONS 1 SWAIISON ' '. -• ^.,):"Qi'.`,. . ATitla➢aln AT> KG 17M at QIt• �^ I: w; Q., NAM! ! Tl lisp AM i..r.,.'i. i1^ ys ;„n C t QH �,C C_ a : • � ^ t CTIONIk-KING G.!.wt.. AMNON ., :a,-p "x ACM AND $WI__ }: x Y /I I F ., ~ Warranty Deed , f Stanitc�ry t THEGRANTORS MAY PERICH and FRANK RUNGE, each in respect to a one—half (1/2) interest • foe and to constdenn°^°f Ten Dollars ($10.00) and other good and valuabc - ; idnrati n in ha>ad ,Convrya 1/41 artants to WILLIAM FRANKLIN TAYLOR and INEZ EDYTHr. TAYLOR, 0 his wife, the following described real estate,situated in the County of King , Sure of . . • f1 Washington: Lot 79, Block 10, Earlington, according to plat recorded in Volume 14 of Plats, page 7, in King County, Washington; i EXCEPT all coal and minerals. • '``ii : as i 60326 ',•r •s t,• 1. • �� , One ff . • Dated this day o G C,e►+Ga- 1971 :..!le r-lAelf.1tire•.. Hay(P h 5i '' fr kart) 'X'"e' S.ATE OF WASHINGTON Frank ft ' 4w7z King l (� C.•this o'�Q day of vL 4-4., 1971 • before me, the re Q▪ ` '� undersigned,a Notary Public in and foe the State of Washinron,duly cotrmiuiorud and ,worn, persanalls aPpaird MAY PERICH • in me known to be the individual desrst'bed'n and who executed the foregoing i s r .nt,and acknowledged ` to ens that dre sinned and wailed this said inutUraatu as her hare and voluntary act and deed for the cues and purpores therein • '" • I .. <c. • GIVEN under my lislIstikq.. ' Jo day 1 71 `. �• .y, :t y ' " ^. - Nam, lfaihl7 an r tiro 4 v-abs�ar. ,\,06,....::::?., v...,:..ii,,y • -:'Res it t •_,.r' t .; lira.r um _ . i ...i e . . , ,, ,. • sr. sr....-.�,n.,.:.i ..--......�..�.• ...err 1 ',I%n.t)f 71+111Y.:T1 Pe ' ••••� Kltiit4• ;. -_. 1~NI -------- ' rr....•alt .144614111141 helve+ r _.1liti1{ILB.UIIU... --- - — .- M r. lwa•a ro h. IN' eede•eJ..el Ae•til1.rJ ew r•I•AO re,.wr' • •IIhu......1 1..riuN.rl .r.nwe.r... ..• f l J .y - h i A _ Ire. 4N.l ...i.w.u.. N ....I le,.I ,.,• J, • _ .rhn.r�rdllyd 1u M dim_tit__ ". -`� �t ._. .Ar erne..• dire ris newltoned. r'•OIS) ' 110 .,•.. 4� IMO • �(� '. '-'I`• i nj 1 ...deer w _ • \oeor P.M�r a • fr./.��!�. r i 7I.•14 1 Y fr4./Nf TNI.I••.. ...e C w~-wil'y'Mew.,'AC Kre0•LCDGM.Ni - ORI IN♦ I 1 . I R 1 • _ I {{I . # • i :i X. Nr: 14.►...,„..re.,n.e1+o..0 ... .. R.ss�•.rr[.a.fV.•y,.. ��- -Y3 PUGET POWER: r 90%+►•CI■ttuvtn,Oo■rcOaot/1 1 USt t �r C r �� Cglt'o, . t. , Filed for Record at RequaIt'ot" .. ' 1975 t' 2(' �,ti :0 a; • It .ErEB RECORDING MAIL TO !\, NAME Milwaukee Land Company r._E� ..: c� ADDRESS 808 Skinner Building F11 f CITY AND STATE Seattle, WA 98101 �RA D �c, k k NSA, Q Pcord�� . ¢¢�� Attn: Paul Scott - ,1,; ��Cd ri- ffi''9u-sl o� J d k r— Quit Claim Deed e �y. S(ce4' COLI- ! e° 98004 V. I) THE GRANTOR, PUGET SOUND POWER i LIGHT COMPANY, a Washington corporation, for and in consideration of TEN DOLLARS ($10.00) MI conveys and quit claims to MILWAUKEE LAND COMPANY, an Iowa corporation, } 1 the following described real estate, situated in the County of King ,. r } State of Washington: Lots 1, 2 and 3, in Block 11 of Earlington, as per plat recorded in • G Volume 14 of Plats on page 7, records of King County, State of 0 Washington; `j, Situate in the City of Renton, County of King, State of Washington. . r y` Reserving unto the Grantor, its successors and assigns, all coal and FVF : minerals of every kind upon and under the land above described and • the right to mine the same in the usual and ordinary course of mining. F, SUBJECT TO: Easements, rights, restrictions, reservations and covenants of record r.:. •s; ^.:'•'= " :.,t:r t. • �S Ti .. ^...•....-....,;jyah!'yr;:., .,,.:<.:::J.:c:...,;,. ' IN WITNESS OF, sai••••rporation has cause• this instrument to be executed ittE3s(3�'s cer this ,QLI day of / u.ir 19 nR ' Ali, I JI PUGET SOUND POWER G LIGHT COMPANY AL fit/ r( tiO• B /.°. KIN(; COUH-I' ° an ger-Rent Estatla Division COmprRouSTATE OF WASHINGTO Ili ) SS. COUNTY OF King ) On this 8 cL day of #71A,Lwtr,i173- , before me, the • undersigned, LESLIE A. DONNER , to me known tic be• the Manager, Real Estate Division, of PUGET SOUND POWER s LIC�iiT',C44NY, p. - • the corporation that executed the foregoing instrument, and K the said instrument to be the free and voluntary act and de4�k�ut+i _ ram cor ration, alx [6-7 oath. ,- �o for the uses and purposes therein mentioned, r:� , • , stated that he is authorized to execute the said instrumenC. :' .�•r-J'd: •• WITNESS my hand and official seal hereto affixed the dap.+$ e•yel.f first above written. r�„ Notary Public in and for he State of Washington, residing at KrNAA*4 r:'i: • ,..1, X. y. DISCLOSURZ /COIN .^ .,,1,. Ni, , Cn,:nt, Ordinance No. 1400 roc,uire.+ the following disclosure or alternative waiver torn be comil:rr•,: PCs,/ to entry into a binding • reement to purchase. Three copies of each dim .sere ••or alternative we, •r •ye, must he prepared. On. copy shall be retained by the prospective vendor; one c.;; shall be retained (,, tt.r c�,'t%•� pr'•ie-•tiva purchaser. If the prospective purchaser enters into a binding agreement to purchase„re •••n• •.',•� ..., ter ,. ,ell ft10 the third copy with the King County Department of Raeorde and Ilecttone when other .i' dirt •-1'c ire re•°•ref.d. , A •i• )e'.'.n by any vendor or vendor's &gent of any provision of Ordinance No. l4l0 nay result in .... , . . e,t •'.-!'-..� .. t,•i, penalty in An amount not •o exceed $2S0.nn rot each violation. NOTICI TO ►UKCNASEK , Ir tr.r,.• is nr• reasonable access to a public sanitary sever system from the parcel you are thinking •.t •." . ,in•,. ,nu isrst install a private sewer system approved by the King County Dap t of Health it. .r.:., •r.'; tr, :..,:d . house or any structure which will bo used for human habitation. No bulldinv permits art ....,• ',,r iarcels which cannot have access to approved public or approved private sower system+. tin permit ..it r.. ,,.,ed for and no septic tank systems may be located on this parcel unless it has been s,.L)ectca tr. .. pnrr'.latinn test within one year prior to application for a building permit. Even if a timely perculation -,t ',as been nada, no permit will be issued and no septic tank system may be located on this parcel i' tee ••rartnant of Health has not approved the plan for and approved the installation of the private •e•e.' s;stem. Before you enter into an agreement to purchase this parcel. you should contact the Minn Cr,nt, `t t,ri.artlent of Health to determine the procedures for installing a private sewer system. •.'i y.,..r 'cller may have had a percolation tut mode on the parcel by a r.gistared civil or sanitary engine'.; '.' or certificated swage disposal system designer. If so, that fact and the conclusions of the tcst alpe., b.l',v. SELLEK'S ArPRCSENTATIONb • PERCrtI.A ION TEST. Seller must complete either Statement A or Statement S as appropriate. - ..'- t A. My agent (Name of Agent) , a r•9i,t'r. . civil or sanitary engineer or certificated swage disposal system designer, has conducted u.rcel.ticr tests on this parcel. (Legal Description) N 0 The percolation test was conducted on (Date) . From the tact&, N my scent concluded that a septic tank system could could not be installed on this parcel '✓ co in conformance with standards set by King County andeffect at ttFW—dit• of the test. , S ....r ~f (— 1 rcpresant that the statements above are true. ; e..: 3e1ler's Signature Dore C. No percolation tests have been conducted on this parcel, (Legal Description) Lots 1, 2, and 3, Block 11, Earlington, according to plat recorded in Volume 14 of Plats, page 7, records of King County. ,,•.f..;,.. I have no knowledge or information from which • determination can be made as to whether a septic tank •�.'• system may be installed on this parcel, except as follows, (To be completed by caller.) it 1''•••..' I rq ream that the Jr,,atrill* above are true. ,-,..Z. !t.L.r s�_gnattffe • • ,.T ,r yv g 4�1i 1:11.1E DIVISION PUC.. ;D PC`+ C. LI,,H I 'CU. ?U(L Uif\G, (3ELLE'fUE suyfn'S IIDNATUKt ' I have read this statement and understand its contents. '•1 1 '�• � Date — • ; Prospective Purchaser's Signature '� %± WAIVER (IN TN! ALTERNATIVE) '• I` I have road this disclosure form and and nd its contents I waive vendor's disclosure, :ti;•r,... Q Unconditionally Or .7 Upon the condition this sale will not be closed unless this parcel is subjected to a � ..:.'y. �/ percolation test which resets the requirements of the King County Department of Health. /]___ Date . '.•• 'Proap•etive /urehu.r'sZianature •. •.�' Maim Q MIS McMinn' Au rook mil!? roe /IIXI10 : r'x. .'.ri_ 1 are Yi,!tr �fs� aiSS� NBA omss�nmy <. :?�;,�,. DISCLORUftU roam r,f •,•7. •,.:,.... ,r'm.• ,•rise County Ordinance Mo. 141 m. 0 requires the following disclosure or alternative waive, form be ca -)it.•.r •+'� i.ri',r to .ntry into a binding aorommont to purchase. Three copies of each also• • .r• or •liernativ. re.•.r .' ;,.' must h. prepared. On• copy shall be retained ny the prospective vendor, one co;,y shall be retained t., II.. ; �,:' p r..r.ct ive purchaser. If the prospective purchaser enters into • binding •gr•em•nt to purchase, tr,. '•,+ dai •he;1 file the third copy with the Sine County Department of Records and tl•etions when oth.t d, ,r•.n• are ,.cords:. A .i•,let.cn by any vendor or vendor's t any provision of Ordinance No. 1410 may re suit in ...•.:•+n.rr ' 1 ,•.:•.I penalty in an amount not tc exceed t1S0.00 for each violation. HOTICS TO PURCNASSR ' Ir 'hut. is no reasonable access to a public sanitary dyer system from the parcel you are thin*in. •,, t.ul:nd, you roust Install a private sewer system approved by the Ring County Department of health it ,i.i•r tr. build a nous, or any structure which will be used for human habitation. No building permits art . •.,i percale which cannot have aeease to approved public or approved private sewer systems. No permit .$11 h.. ts.ued for and no septic tank systems may be located on this parcel unless it flee been sub)ectrU tc , •. ivrcoletton test within one year prior to application for a building permit. Even if a timely percolettr.n •.•st has been made, no permit will be issued end no septic tank system may be located on this parcel i' the «partment of Health has not approved the plan for and approved the installation of the private •,n,.r . •. si.tem, Before you enter into an agreement to purchase this parcel, you should contact the Nino Cr .nt, bepe rtr.nt no Health to determine the procedures for installing a private sewer system. yt..r ...tiler may have had a percolation test made on the parcel by a registered civil or sanitary engines( of certificated sewage disposal system designer. If so, that fact and the conclusions of the test app... below. •A!'. SELLER'S REPRESLNTATIONb PERCOLATION TEST. Seller must complete either Statement A or Statement B as appropriate. • ..."S i A. My agent (Name of Agent) , a rel.st.rc. civil or sanitary engineer or certificated swage disposal system designer, has conducted oercclati.r tests on this parcel: (Legal Description) C7 N sThe percolation test was conducted on (Date) from the tests, .i: my agent concluded that a septic tank system could could not be installed on this parcel ''-'i ` in conformance with standards set by Sing County anrTn eruct at tFW-dite of the test. .• ,.'!,L00 '< N I represent that the statements above ere true. "' ': '` Seller's Signature Date E. No percolation tests have been conducted on this parcels (Legal Description) Lots 1, 2, and 3 31ock 11, iarlL�toa, according to plat recorded in Volume 14 of data, page 7, records of Line County. I have no knowledge or information from which a determination can be made as to whether • septic tank :,r • system may be installed on this parcel, except as follows: (To be completed by seller.) 2 represent that the statements above are true. . Seller's Signature Date '' �:-''.i &VTER'S SIOHATURE I nave read thl stat•men a under nd its c nt•n �_� ' I. 1//1 r r, sp c v• :;chase S na car• Det ? , . WAIVES (IN THS ALTERNATIVE) I have read this disclosure corm and understand it, contents. I waive vendor's disclosure: L=7 Unconditionally . Or /.,, Upon the condition this male will not be oloe•O unless this parcel is wbieoced to a - percolation test which meets the requirements of the Rinq County Department o! Health. "" 411 • prospective Purchaser's Signature Date ii .i• :;re r i '�I,1• • • flab co; RECORD AS REQUEST O TRANSAMERICA TITLE INSURANCE COMPANY • 320 108th Ave. N.E.P,O. BOX 1493 87/09/17 412 -7 o WA g2$� OF USE AGREEMENT RECD F ^', B2112v ue, OCAL RIGHT . .? �� FOR RECREATION FACILITIES CASHEL �..:' AT SUNPOINTE PHASE I, PHASE II AND PHASE III 73 [� This indenture witnassa that CF/CHAssociates, its euccessors and I", legally described in \ . assigns, as owner of Parcel A, Sunpointe Exhibit A: Parcel B, Sunpointe "Phase II" legally described in Exhibit B; and Parcel C, Sunpointe "Phase III", legally described in Exhibit C (hereinafter referred to as Phase I, .Phase II and 7hase III, or Phases I, II and III respectively) attached hereto and made part of hereof in 4 consideration of good and valuable consideration hereby granting to its successors and assigns as owner of the parcels described in Exhibits A, B �1 and C a reciprocal easement for recreation purposes over Phase I, Phase II LI and Phase III. s4 rA D. VITNESSETH: L7 C Whereas, there are certain residential buildings which are proposed to be n1 constructed as Phase I which will be occupied by residents; and hh CC N Whereas, thre are onstructedeas Phase eIIa which in gwill tbel occupied g which proposed to be by residents; and AWhereas, there are certain residential buildings which are proposed to be M constructed as Phase III which will be occupied by residents; and N0 Whereas, there will be recreation buildings, court facilities and a swimming pool located on the westerly portion of Sunpointe Phase I and Phase II (hereinafter referred collectively as "Recreational Facilities"); Now, therefore, for goof and valuable consideration and in consideration of the covenai a herein contained, CF/CHG Associates hereby gra;Its to and binds it.'lt, its successors or assigns, as owner of Sunpointe 7:lases I, II and III, ► follwoing: 1. With respect to Sunpointe Phase III and to the future residents, tenants, owners and lessees, guests of tenants and lessees of each Phase, to the extent permitted by the rules and regulations in effect from timo-to-time, and to their successors and assigns, the non-exclusive perpetual use in, of and tt all ll of Pfasthe e Recr andeational Facilities located on the westerly p on Z. The rights of use granted under Paragraph I carry with them and include the non-exclusive right to access to and from the respective Recreational Facilities. . EXCISE TAX NOT REQUIRED - 1 - King Co.Records D!'n:,,N1 REN-RA �-- 9/11/67a By Y..l✓d'�'� i I i A 3. Provided, however, that in consideration of such use in and access to said Recreational Facilities located on Sunpointe Phases I and II, and as a condition precedent to the access to, use and enjoyment thereof, 1 the owner of Phase III shall share with the present and future owners of Phases I and II, in normal and reasonable costs and expenses of the operation of the Recreational Facilities located on the westerly portion of Phase I and II, including taxes, water, elec:.ricity, .cleaning, insurance and janitorial work, in addition, periodically as needed, the owner of each phase shall pay its pro rata portion of the costs related to the replacement of worn out recreational equipment. LI 4. All costs and expenses shall be prorated between the owners of the • improvements situated on Phases I, II, and III in the same proportion • ,r.{ as the number of units situated on each phase bears to the total r- number of units on all of the phases The total number of units will be approximately 425 units. d) CD 5. This Agreement is to take effect for each individual pease upon the 30 occupancy of the first unit in that phase. Th6,. owner of Sunpointe Phase I or II or III shall give thirty days written notice to the owners of the other phases of the date of occupancy of the first unit in its phae. 6. The right of use granted herein may be terminated in the event the owner of Phase III fails to pay its pro rata share of costs and expenses as set forth in Paragraphs 3 and 4 above within thirty days of the date payment is due. Up...-4 the payment of past due costs and expenses the right of use will be reinstated. 7. The owners of Phase I and Phase II agree to provide the owner of Phase III with a copy of the annual Recreational Facilities budget. 8. Notice under the provisions of this agreement is to be sent by certified mail, return receipt requested, pcstag. prepaid to the following parties: CF/Chi ASSOCIATES :`^I Wll,nire Boulevard Suite 400 Los .,eles CA 90048 SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP c/o The Axelrod Company 520 Pike Tower Suite 2300 Seattle WA 98101 or to such other address as a party or ice successors or assigns shall designate in a written notice to the owner of each phase. REN-AA - 2 - 9/11/87a • liftbka fT:ti',. _<.:J+MaK.N s.I.C^. ....,. - • . - This agreement shall run n wi t thee tand dsto oarhich it refirsrscesdoshall bind and inure to the bale assigns. In witness whereof, the respective parties hereto have caused n o, instrument to be executed in their :tames this day 1967. �,r? CF/C80 ASSOCIATES A Washington Joint Venture, tl By Cadillac Fairview/Washington, Inc. , v4 A Washington Corporation, Its Managing Partner C) C 1 By. tIts: SR•v•p• nn I,d (I d STATE OF ^M� v L ) UUUU 1 ) as. COUNTY OF Cd / On this day c _, 1987, before me, a N to blic in nd for the State of �� sons.11y appeared }§ Uj (' 0._/ personally known to me r proved to me on the basis o satisfactory . evide e) to be the person who signed this instrument; on o h at ed ` op as u gh i ��thed to i&LrL 1 :t the C the corporation that execut the withiT}r4nd foregoing instrument; , acknowledged said d instrument to be the il`ee and voluntary act and deed of said corpor `ion, for the uses and purposes therein mentioned; and on oath stated tha ' was duly elected, qualified, and acting as said officer of the corporation; that said corporation is the managing general partner of CF/CHO ASSOCIATES, a Washington joint venture; that said corporation was authorired o execute the said instrument on behalf of said joint venture; and ti...` said instrument vas the free and voluntary act and deed of said joint ven..re for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and my official seal the day and year first above written. 11 ,., om 'SEAS otary Public and for the. G eQcfair7 BERNIC SAMBERG �•. a Washington, residing at .• i, a NOTARY PUBIIC•CAUFCAtNIA �,, LOS ANGELES COUNTY .. My appointment expires ', My Commission Expi;.t Mu.2,1988 ILE,,PA . 3 - 9/11/07a ( i • HECEI'rt;� fil:S DAY EXHIBIT A PARCELA Sunpointe Phnsc 1 SEP II ? ,�.. .;; 'ei BYTH. -1. rn„ The land referred to in this commitment is situated *)1:1t7 'r'ounty of Hiy King, state of Washington, and described as follows: PARCEL 1: Township 23 That portion of the southwest quarter of$ectiotitt18, describednip23 ae North, Range 5 East, W.M. , in King Count/ follows: from which C"� Commencing at the southwest corner of said Section 70. 0 the south one-quarter corner of said Section 18 bears south 89°10'04" east; ° " east for a distance of 831.54 feet to a point r. thence north 44 25 22 of the pacific Coast Railroad right-of-way an the northerly boundary _ and Track Map, Pacific Coast r"� - Washington, Records of CD Railroad,shown on Sheetlse main line right-of-way 2 -way Records the theutherly N e 5 of ai11 said point also being thorthe +�, b boundaryott Noeltpian Railroad, according to the plat rrecorded under Recording QD of rded the Volumeal ofo EPlats. page 7, recorded in 14 of P1ats.Wasittgton; Number 433749, in King County, thence north 39°50'39" west 664.43 feet to a point on the northerly 1portion of that certain tract Cooftll�andy econveyed toine the they of ertoly P deed recorded under King City of Renton by terminus of the new lot s City of Renton Lot Line Adjustment No. line Number 8208110369 which is the southeasterly 018-86 between asrecorded e A underdd B, County Recording Number B703169005 and as King the true, point of beginning; thence north 33°18'55" west 69 .88 feet along said new lot line to east rlinJt feet along said centerline to its the centerline 1 °2 vacated03a Ea1159.27on Av nue S.W. , through neks 12 thence north 3" intersect= -n with the southerly lineof an alley line to and 1" sa:u plat of Earling said southerly thence s. _ch 71°34' 15" east 310.06 feet along the northeast corner of lot 21, said block n 12% tote northerly thence north 10°27 19 east 200.51 feet along • of said start R so. 21: . production oE the litte east Boulevard � 21 to the southerly thenceihcof-way east 127.73 feet along'said southerly said ,at of :lord:-way O line7'36" block 7, i, right-of-way to the east line of lot 24, saiJ east line and its thencecsou west 97 .95 feet along thence south 10°27' 29" vacated S.N. 4th Place; thenceerlo production°36' to the 40.01rfeet along said centerline to the City of westerly south 7n s6' 13° Countyand core a terminus of the oaw lot recorJadeubJereY.tingota A B, wentonly too. 01 Renton L.L.A. Number 0703369003; the northerly line of east 1U0.0U feet along thence south 76°1 3' l6" Poge 1 of 3 ti i ee- • Exhibit A (Continued) E i 1 LEGAL DESCRIPTION, continued: • portion of that said lot B to ti�a westerly line of the northerly by deed certaine City of tractnd of lang11Cound ttVeyed to y Recorderl' s Number 8208110369a1ong the recordedthen under King said westerly line and westerly northerly southerly along portion of said tract the following northerly line of the westerly p point of curvature, the radial courses: south 32°57' 51" west 150.01 feet to aeast 330u 00 feet; I bearing of which extends south 57°02'09" InnG central � thence along the arc of this curve to the lef t through a of r„+ angle of 27°17' 12", an arc distance ofof57 .16ltfeetetosanooin ri. reverse curvature, the radial bearing T4 84°19'21" west 20.00 feet; through 3 central the arc of this curve to the right of thanes of 81 0 an arc distance of 28. 55 feet to a point � angle 81°47' 12° curvature, the i' tangency; west 38.50 feet to u point of JO thence south 87°27' S1" west 270.00 feet; radial bearing of which extends north 02°32' "twestg2 a central thence glory an arc of this curve to the right of angle of 21°00'00" , an arc distance of 98.96 feet to a point tangency: point of curvature the thence north 71°32' 09" west 253 .54 feet to a . tst 45.00 feet;u through a cenal radial bearing of which extends north 18°27' 51" point of thence along the' rightarc anfarlc}s curve distancetof the 26.36feet to a angle of u e" of wnich extends south reverse curvature, the radial bearing 52°01' 17" west 45.00 feet; e thence along the arc]nfarlcidistances curve toft67.02ffeetrtogthe truer point al o angle of 85°20' 13" , of beginning; portion of the southwest quarter of Section 18, TOG' t1cR v; that N M in King County, Washington, Townsh. - 23 North, Range 5 East, described as follows: Commencing at the southwest westrcorner of SsaidoSectionn 18 ar8, sfrom m which the south one-quarter point 89°10'04 ' east; east for a distance of 831 .54 feet �o a on. the north rly boundary' `� the pacific Coast Railroad right-of-way as the northerly nn of right-of-way and Tract Map, Pacific Coast Railroad,shove o Sheetre main 1111, Volumeu 2 - Washington, Records of the igtNor 5 of aipoint also being on the southerly boundary of Northern Railroad, csaon, according to the plot thereof boundary the Pint c,f Earlittg" recorded under Recording record f Number 4d 3i7 Volume King°County, Washington; Number 433749, Page 2 of 3 Exhibit (Continued) ' LEGAL DESCRIPTION, continued: thence north 16°14' 15" east 547.09 feet to a point on the easterly line of the northerly portion of that certain tract of land convoyed to the City of R.:nton by deed recorded funder nKing�County Recorder' s Number 8208110369 and the true pointline ka thence north 32°57'51" east 147.40 feetr along sLaid Leasterly line tment the northwest coli�er of lot BQ City CountyRecorder's Number }Number 014-06 as recorded under King 8703169002; 1/1 thn atoint2oon`'theecenterast 8.30 line feet alon vacated'�alleyth line throughof said block lott B too a p r4 8, said plat of Earlifgton; 26.29 feet along said centerline to t}�e j ;1 thence south 3 p as vacated by City of 0) northeast cornneerr d of vacated S.W. 4th Place, 0 Renton Ordinance No. 3650; line of thence south 09°30'02" east 90.63g tfeet alongt theine eaststwlin lots saidA and i B,vacated ity S.W. 4th Pot and aloAdjustment B, City of Renton Lot Line Adjustment Number 015-86 as recorded under King County Recorder' s Number 8703169001?aid new lot and • thence south 45°27' 51" west 176.21 feet alongCit of Rentonl lineLot and Adjustment the enti'Number 017-86 between recordedf1undernd BKing County Recosde�'a Adjustme Number 8703169004; said new lot thence south 75°27' 51" west 70.00 feet along said new lot line; to a thence north 79°05'02" west 69.72 feet along aid of that oa point on the easterly line of the portionnortherly lyn dend .recordedf certainunder tract of land conveyed to the Cityb on a curve, the King County Recorder' s Number 8208110369 and a point the radial along said elastlerlytline andtlalongOthe2arcast of 270.00 thence hlong 22°02'53", an arc distance of the right through a central angle 103.:' feet to the true point • • Page 3 of 3 • •W. ? `wiimMe . EXHIBIT B PARCEL B PARCEL II : Sunpolnte Phase 2 That portion of the southwest quarter of Section 18, Townehii, 23 North, Range 5 East, W.M in King County, Washington, described as • follows: Commencing at the southwest trcorner f ofdSsaidioSectio 18, sfrom m which the south one-quarter eat for a distance of 031.5�1 feet to a point thence north" east; right-of-way on thence rly boundary of the Pacific Coast Railroad as theo nconlrehey mainrndiny and Track Map, Pacific Coast as shown on the line right-of-way Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earl!ngto+n, according to the plat thereof recorded under Recording recorded in Volume 14 of Plats,Wasyington; Number 433749, on King Countast y, 310.48 Wfashington; to a point on the northerly C'r? thencen northh 7o6 h3 09 0 line of the southerly portion of that certain tract of land conveyed r to the City of Renton by deed recorded under King County Recorder' s e"1 Number 8208) 10369 and the true point of beginning; thence north 44°32'09° west 163 .85 feet along said northerly line to ' a point of curvature the radial bearing of which extends north ,.II45°27'51" east 270.00 feet; CD thence continuing along said northerly line and along the arc of JO this curve to the right through a central angle of 55 27 07 an arc distance of 261 .31 feet to a point of non-tangency and the westerly terminus of the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County Recorder' s Number 8703169004;thence south 79°05'02° east 69.73 feet along said new lot line; said new lot line; thence north 45°27' 51° east 1(76.21ffeett along along said new lot line and thence north 45°27'S1" City of Renton Lot Line ' along the new lot line between lots A and B, County Recorder' s Adjustment Number 015-86 as recorded under King Number 8703169001 ; to e thence -girth 9°30'02" west 30.63 feet along said n said new lot at of line neitoten; point ' ':i.e north line of lot 3, block 11, thenc_ errth 80°29'58 ' east 350.73 feet along the north line of said block 11, its easterly production, and the north line of block 10, said plat of Earlington to the northeast corner of the west 10.00 feat of lot 2, said block 10; thence south 18°28' 49° west 100.27 feet along.tlne east line of said west 10.00 feet to the north lino of an alley through saidlock 10, raid• alley running parallel with the north line of said blc._;c 10; thence south f30°29' 56" t est tln61.01ly P feet tcalong othe f irnorth tline of said lot alley to intersect the 28, said block 10; said northerly thence south 10°27' 39° west 10. 11 feet alongroductiot. production to the northwestes corner 06 feet along of l the westerly p thence the oth Dine f withoa the yrt of ou northaid line of said to thec f alleywest tl:rouatn road U1 Page 1 of 6 s., • • • • Exhibit (Continued) LEGAL DESCRIPTION, continued: line of said block 10; said centerline to thence tsouth 18°27'39"eterlproduction feet along line of said lot 20; intersect the westerly p thence sot+th 71°32'21" east 109.32 feet along gsaid westerlyerly lies production and along said south line to a point co tl of the easterly I5ortion of that certain tract of land concveyed to ' s the City of Renton by deed recorded under King Y Number 8200110369; thence southerly and westerly alont gsa d fester Y line tand fal along following thenortherly line of the southerly portion courses: of curvature the radial (�j south 29°56'06" west 65.73 feet to a point w4 bearing of which extends south 60°03'54" east 330.00 feet; thencegl f15ng500514aran°f arcltdistance of 344.64 left feetrtoga point of central.4 angle o CD tangency; pint of curvature the r thence south 29°54'08" east 57.11 feet to a p OD radial bearing of which extends south 60°05'52" �est20.00cfeet; thence along the arc of this curve to the rightt of al angle of 101°32' 13" an arc distance of35.44cfeeetttodas apoinh compound curvature the radial bearing of 18°21155" west 270.00 feet; through a central thence along the arc of this curve to the right angle of 26°49' 46" an arc distance of 126.43 feet to a point of tangency; point of curvature thethence north 61°32'09" west 105.25 feet to a radial bearing of which extends north 06°27' 5 ` eastu270.00efeet; thence along the arc of this curve to the right tr angle of 37°00'00" an arc distance of 174.36 feet to the true point of beginning; F,iTll that portion of the southwest quarter of Section 18, Townsh_r 23 North, Range 5 East, W.M. , in. King County, Washington, described as follows: Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 1.6 bears sout:, 89°10'04'' east; • ,legal description, continued) Page 2 of 6 • Exhibit B (Continue:l) LEGAL DESCRIPTION, continued: thence north 44°25'22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad Right-of-Way as shown on the main line right-of-way and Tract Map, Pacific Coast • Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the flat of Earlington, according to dto theee plartctt hereof recorded in Volume 14 of Plats, page 7, Number 433749 in King County, Washington; C, thence north 16°14' 15" east 547.09 feet to a point on the easterly if? line of the northerly portion o`. that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder' s Number 8200110369; thence north 32°57' S1" east 147.40 feet along said easterly line to 7▪7 the southwest corner of lot A, City of Renton Lot Line Adjustment d Number 014-86 as. recorded under King County Recorder' s Number ti 8703169002 and the true point of beginning; a, thence continuing along said easterly line the following courses: north 32°57'51" east 2. 60 feet to a point of curvature the radial bearing of which extends north 5:jO02' 09" west 430.00 feet; thence along the arc of this curve to the left through a '.entral angle of 14°30'00" an arc distance of 108.82 feet to a point of tangency; thence north 10°27' 51" east 52.90 feet to a point of curvature the radial bearing of which extends south 71°32'09" east 30.00 feet; thence along the arc of this curve to the right through a centrel angle of 64°17' S8" an arc distance of 33 .67 feet tdtoo the e)southerlyint y right-of-way line of Sunset Boulevard (State Roon a curve the radial bearing of which extends north 07°14' 11" west 1492.39 feet; thence along said southerly right-of-wsy line and along the arc of thia.cur •• to the left through a central angle of 03°56' 14" an arc distance 102.55 feet to a point of nontangency on the centerline of a ve-nted alley through block 8, said plat of Eurlington; - oue south 1e2of westA, ity of Rentoneet along Lot Line Adjustment Number southeast corner of lot A, City 014-86 as recorded under' King County Recorder' s Number 8703169002; thence south 00°29' 50" west 138.30 feet along, the south line of said lot A to the true point of beginning; AND TOGETiIER WITH that portion of the southwest quarter of Section 18, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: ( legal da cription, continued) Page 3 of 6 _. ......-..__ ..ate -r"...-. w Exhibit % (Continued) LEGAL DESCRIPTIUII, continued: on Commencig ae-tlticofttsaider f Sectionsaid e181bearsl south from wh:.ch the south o � 9uarter corner 89°l0'04" east; • point thence north 44y.bo2ndarysoff theaPacific distance CoastBRailroad right f-w&y on the nortlt Pacific Coast as shown on the :mist 11 Volumedy 2 att- 41ashington, Records of the II Burlington Sheet 5 northernof 11, said point also being on the southerly Burlington Railroad,ofar ing to C1 boundary of the Plat of Earingtun, Yaccordrecordedtheud pat thereof cording � recorded in Volume 14 of Plats, Count e 7,Washington; (` Number 433749, 'records of King • ,r4 thence north 07'24'23' east 464.07 feet; CI thence north 71°32'09" west 135.00 feet; thence north 23°22'36" west 129.26 feet to the northeast corner. of '.'4' lot 21, block 12, said plat of Earl .ngton; 30 thence north 18°27' 19" east 200.51 feet along the northerly production of. the east line of said lot 21 t Road southerly right-of-way line of Sunset Boulevard ( oad o.southerly thence north 88°27' 36" east 127 .73 feet along said plat of . right-of-way line to the east: line of lot 24, block 7, Eurlington; thence south 18°27'29" west 97.95 feet along said east line and ita line of ersouthoduction to 71°36' 13" east 40st01rfeet alongcated said centerline Place; the thence City of westerly terminus of the new lot line between lots A and B 6 Renton Lot ecordnin Adjustment 87031Number 690030andBthe;true recorded pointunder beginnings Chance R 9 the southerly thence north 10°27'31" east 112.47 feet along said plat of production of the east line of lot 25, block 7,• Eerling''n and along send east line to the southerly right-of-way line o.` y. ' vet Boulevard (State Road No. 2) ; southerly thenc.. '�o� said th 88°27'37" east 60.00 feet along right-oi -way line to a point on a curve the radial bearing of which extends north O1°32' 23" west 1482.39 feet lttd along the arc of thence along said southerly right-of-way along'the, an this curve to the left through a central angle ofthe 0°55'24norther ,% anpo arcch distance of 23.89 feet to the westerly line otb deed ► eunderttKingct of Countyand Recorderyed to 0 Numbelra City of 8208110369eand11a point recordedof which extnnde south of reveres curvature the radial bearing 02'27' 47" east 30.00 feet; (legal description, co:ttinued) • Page 4 of 6 • • Exhibit B • (Continued) LEGAL DESCRIPTION, continued: • thence along said westerly line and along the arc of this curve to the right through a central angle of 110°55' 38" an arc distance of 58.08 feet to a point of tangency; thence south 118°27'51" west 12.07 feet along said westerly line to a point of curvature the radial bearing of which extends north 71°32'09" west 370.00 feet; the arc of this curve to thence along said westerly line and along the right through a central angle of 14°30'00" en arc distance of 04 93.64 feet to the easterly terminus of the new lot line between lots v4 A and B, City of Renton Lot RLLin Adjustrdingmentr umber9016;86 as r. recorded under King County thence north 76°13' 16" west 108.80 feet along said new lot line to the true point of beginning; CD AND TOGETHER WITH those portions of the southwest n stgquarter r,of ect23n 30 18, Township 23 Nor. th, Range 5 East, W.M• . Washington, and of the southeast quarter ofeon ,dTownshiperibed 2s North, Range 4 East, W.M. , in King County, Washington, follows: Commencing at the southwest corner of said Section IC, from which the south one-quarter corner of said Section 18 bears south 89°10'04" east; thence north 44°25'22" east for a distance of831.54ofeetito aofoint nt on the northerly boundary of the Pacific Coast as shown on the main line right of way and Tract Map, Pacsificth Coast Railroad, Sheet S of 11 , Volume 2 - Washington, Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlingto n, according to the plat thereof rec,_- fed in Volume 14 of Plats, page 7, recorded under Recording Nu.-',e 133749, in King County, Washington; north 71°29' 12" west 484.56 feet along said southerly boundary to the southwest corner of Sunpointeondomini5um, Phase I as recorded in Volume 64 of Condominiums, pages er King County Recorder' s Number 8307200969 end tile true point of beginning; ther.cz along the west line of said Condominium the foll• winQ courses: north 18°27'51" east 91 .76 feet; thence north 41°27' 51" eaut 75 .00 feet;thence north 18°27'51" east 130.00 feet to the southerly line of the westerly portion of that certain tract land nveyed tc the City at Renton Ug uzed recorded under King County deco ber 8208110369; (legal deacriptian, continued) Page 5 oI > • Exhibit B (Continued) LEGAL DESCRIPTION, continued; thence along said southerly line the following courses: north 71°32'09" west 25.00 feet to a point of curvature the radial bearing of which extends south 18°27'51" west 45.00 feet; thence along the arc of this curve to the left through ough ao central angle of 33°33'26" a distance of 26.36 feet to a p rse curvature the radial bearing of which extends north 15°05'35" west C7 45.00 feet; thence along the arc of this curve to the right through a central angle of 161°46' 40° an arc distance of 127.06 feet to the southeasterly terminus of the new lot line between lots A and B. City of Renton Lot Line Adjustment Number 018-86 as recorded under King County Recorder' s Number 8703169005; CD thence north 33°18' S5" west 69.88 feet along said new lot line to the centerline of vacated Earlington Avenue S.W. ; centerline to its Tj thence north 18 27 03 east 159.27 feet along said intersection with the southerly line of an alley through blocks 12 and 13, said plat of Earlington; said southerly line to thence north 71°34' 15° west 215.66 feet along the southerly right-of-way line of Sunset Boulevarjdc(StatenRoah esd^rlt. 2) and a point on a curve the radial bearing of 5°26' 21° east 1502.39 feet; thence along said southerly right-of-way line and along the arc of this curve to the right through a central angle of 7°59' 25" an arc distance of 209.52 feet; thence south 18°27' 51" west 260.00 feet; thence south 89°27' 51° west 70.00 feet; thence south 18°27'51" west 154.00 feet; • thence south 52°32'09" east 70.00 feet; thence south 18°27' 51" west 58. 11 eetto the northerly boundary of said Pacific Coast Railroad right-of-way; said northerly thence u:•�th 71°29' 16" east 558. 15 ,feet along boundary to the true point of beginning. • • Page 6 of 6 • EXHIBIT C PARCEL C SUNPOINTE "PHASE III" That portion of the southeast quarter of Section 13, Township 23 North, Range 4 East, W.M. , in King County, Washington, described as follows: • Commencing at the southwest corner of Section 18, Township 23 North: Range 5 East, W.M. , in King County, Washington, from which the south one-quarter corner of said Section 18 bears south 89°10'04" east; thence north 44°25'22" east for a distance of 831. 54 feet to a point on the northerly boundary of the Pacific Coast Railroad Right-of-Way as shown on the Main Line Right-of-Way and Tract Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof C, recorded in Volume 14 of Plats, page 7, recorded under Recording U') Number 433749, in King County, Washington; thence north 71'29' 16" rest 1042 .71 feet along said northerly boundary of the Pacific Coast Railroad Right-of--Way to the true point of beginning; 01 thence continue north 71°29116" .wer: 362. 64 feet along said northerly boundary to a point of curvature, the radial bearing of which extends north 18°30'44" east 905.37 feet; D thence continuing alone said northerly boundary and along the arc of this curve to the right through a central angle of 33°54'04" an arc distance of 535.69 feet to a point of tangency; thence continuing along s..id northerly boundary north 37°35' 12" west 291.40 feet to a point oZ curvature, the radial bearing cf which extends south 52°24'48" west 1265.30 feet; thence ccntinuing alcng said northerly boundary and along the arc of this curve to the left through a central angle of 15°27'49" an arc distance of 341.49 feet; thence, leaving said northerly boundary, south 75°16' 31" east 1121.53 feet to the southerly right-of-way line of Sunset Boulevard (State Road No. 2) and a point on a curve, the _dial bearing of which extends north 24°48'08" east 1482.39 feet; the: e along said southerly right-of-way line and along the arc of ee:d curve to the left through a central angle of 11°22'22" an arc dis .ence of 294.24 feet; thence continuing along said southerly right-of-way line south 13'25'46" west 20.00 feet; thence, leaving said southerly right-of-way line, south 18°27' 51" west 260.00 feet; thence south 89°27'S1" west 70.00 feet; thence south 10°27'51" west 154.00 feet; thence south 52'32'09" east 70.00 feet; thence south 18°27' 51" west 58. 11 feet to the true point of beginning. • DB/mlh/95S0m _ - i T 1 ,,yIt DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES 0/0 I! WASHINGTON MORTGAGE CORPORATION . gand , ,ca rn OD r;-. -o 70 a—+ C, x �r zJ. rn ' SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP c;v:r^ { r, 4— and -c= z = o 3 r a > +'� STEWART TITLE COMI a) PANY OF WASHINGTON, INC. -n -.4 i/� Dated as of September 1, 1987 1 $7i09i 1? k i'S? to RECD F 4'.rO CASHc.1_ i,.i:*47.O0 95 This instrument was prepay.'d by: KUTAK ROCK & CAMPBELL 1650 Farnam Street Omaha, NE 68102 Attention: Kenneth R. Cook, Esq. 5336a t 3 , t 1:,. • ... --.Ur - 4 i DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT O: RENTS AND LEASES THIS DEED OF TRUST, SECURITY AGRE::NIENT AND ASSIGNh]FNT OF RENTS AND LEASES (this "Deed of Trust") is made as of the lsc day of September, 1987, by and among SUNPOINTE ASSOCIATES I LIMITED PARTNERSHIP, whose address is c/o The Axelrod Com- pang, Suite 2300, 520 Pike Tower, Seattle, Washington 93101 ' ("Grantor") , STEWART TITLE COMPANY OF WASHINGTON, INC. ("Trustee") , whose address is Suite 1300, 1000 Second Avenue, Seattle, Washington 99104 , and WASHINGTON MORTGAGE CORPORA- f TION ("Beneficiary") , whose address is Suite 300, 2720 Third 1 i C Avenue, Seattle, Washington 98101 . i FOR GOOD AND VALUABLE CONSIGERhTION, including tire 41.4 indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Grantor hereby a rants, bargains, sells, transfers, conveys and irrevocably g A 011 O assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the the benefit and security of Beneficiary, under and subject terms and conditions hereinafter set forth, th the, real prop- rop- in i 00 erty, located in the County of King, 9 1 Exhibit A attached hereto and by this reference incorporated herein (the "Property") ; i TOGETHER WITH, all rents, issues, profits, royalties, income and other benefits derived from the Property (collec- tively the "rents") ; All estate, right, title and interest of Grantor in and to all leases or subleases covering the Pr.perty or any portion thereof now or hereafter existing or entered into, including, without limitation, ail cash or security deposits, advance rentals and deposits or payments of similar nature; All right, title and interest of Grantor in aodioall r•' .ions to purchase or lease the Property or anen i i po n the t tnereof or interest therein, and any greater Property owned or hereafter acquired; All interests, estate or other claims, both in 1.aw and in equity, which Grantor now h.74v or may hereafter ac ,uire in the Property; 1 All easements, rights-of-way and rights used in cennec- 1 tion therewith or as a means of access thereto, and all tenements, hereditaments and appurtenances thereof and thereto, and all water rights and shares of stock evidencing the sam ; 5336a All right, title and interest of Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with the Property; Any and all buildings and improvements now or hereafter erected thereon, including, but not limited to, the other efixures, attachments, appliances, equipment, machinery, articles attached to such buildings and improvements (the "Improvements") ; 4 All right, title and interest of Grantor in and to all �►Z tangible personal prcpetty (the "Personal Property") owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including, but not W4 limited to: all building materials stored on thPrperty, goods, machinery, tools, insurance proceeds, equipment (including fire sprinklers and alarm systems, air condition- ing, heating and refrigerating equipment, equipment for aD electronic monitoring, entertainment, recreation, window �r structural cleaning, maintenance, exclusion of vermin or insects, removal of dust, refuse or garbage and all other equipment of every kind) , lobby and all other indoor and outdoor furniture (including tables, chairs, planters, desks, sofas, shelves, lockers and cabinets) , wall beds, wall safes, furnishings, appliances (including dishwashers, garbage disposal units, refrigerators, fans, heaters, stoves, water heaters and incinerators) , inventory, rugs, carpets and other floor coverings, draperies and drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting fixtures and maintenance and other supplies; All of Grantor 's interest in all agreements, permits and licenses necessary or desirable in connection with the acquisition ownership, construction, operation or management of the '"rest :State, whether now existing or entered into or _ obtained a "' er the date hereof : and All the estate, interest, right, title, other claim or demand, including claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Grantor now nas or may hereafter. acquire ' n the Trust Estate, and ary and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof , of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance damages . -2- 5336a i I i All of the ahove-described estate, property and Iinterest, together with all cash and noncash proceeds thereof may be referred to herein as the "Trust Estate. " 1 TO HAVE AND TO HOLD the Trust Estate untc Trustee, his I successors in trust, heirs and assigns, in fee simple forever . THIS DEED OF TRUST SHALL SECURE THE FOLLOWING 1 OBLIGATIONS: • (i) Payment of indebtedness in the original prin- t cipal amount of $18,755,000 with interest thereon, including interest accrued and added to such principal 4 amount, evidenced by that certain promissory no,e exe- .uted by Grantor and payable to Beneficiary dated September rl , 1987 in the amount of $18,755 ,000, bearin_, interest and being payable as therein provided (which s has been endorsed to Washington State housing Finance Commission ("Issuer") and further endorsed to FirsTier 4,4 Bank, National Association ("Bond Trustee") , as rrestee under that certain Lender Loan Agreement and Indenture of Trust dated 35 of September 1, 1987 among Issuer , ao America First Tax Exempt Mortgage Fund 2 Limited Partnership ("Fund") and Bond Trustee with respect to the Issuer' s $18,75:,000 Multifamily Housing Mortgage Revenue Note (Sunpointe Apartments Project) Series 1987 (such promissory note and all renewals, extensions and modifications thereof being referred to herein as the "Developer Note") ; • 1 3 (ii) Performance of all obligations of Grantor under the Loan Agreement dated as of the date hereof j among Issuer, Beneficiary and Grantor and the Con- istruction Loan Agreement dated as of the date hereof ) between Grantor and America First Tax Exempt Mortgage Fund 2 Limited Partnership (collectively, the "Loan Agreement") related to the use of the loan proceeds •.videncrrd by the Developer Note, and each agreement of Grantor incorporated by reference therein or herein, or contained therein or herein; a (iii) Payment of all sums advanced by Beneficiary to i protect the Trust Estate, with interest thereon et the Late Payment Rate (as defih^ i it the Developer Ne,.e) i from the date of advance by tineficiary to the date of l i payment by Grantor; ( iv) Performance of all obligations of Granter I contained in this Deed of Trust, the Developer Note, the i 1 i -3- i 5336a .,1 Yrsu 1 1 2 1 Loan Agreement or any other Loan Document (as defined herein) together with any other insment ent given to nrtonce of evidence or further secure the payment any obligation secured hereby or thereby; (v) Payment of all other sums, with interest thereon, which may hereafter be loaned to Grantor pursuant to the Loan Documents, or its successors or assigns, by Beneficiary or its successors or assigns, including, but not limited to, Bond Trustee; (vi) Performance of Grantor's obligations and 1� a agreements contained in the loan application or loan ;i commitment which loan is secured hereby, and any modi- fication or amendment thereof; and 9 D. (vii) Payment and performance of each and every I 113 obligation of Grantor under the Regu...tory and Moni- toring Agreement dated as of September 1, 1987 among I Issuer, Grantor and Securities Financial, Inc. (the 1 OD "Regulatory Agreement" ) . I This Deed of Trust, the Developer Note, the Loan Agree- ment, the Regulatory Agreement, the ConstructionLoan Agree- of ment, the Assignment of Rents and Leases, th_t Assignment Agreements, Permits and Licenses, the Assignment of Plans and Specifications, the Assignment of General Contract and the Assignment of Architect' s Agreement, each such assignment being dated as of the date hereof from Grantor to Beneficiary, -0 any loan application or loan commitment delivered or issued a in connection with the Project Loan secured by this Deed of Trust and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Documents. " All capitalized terms used but not otherwise defined herein sh'11 have the meaning assigned to such terms in the Construc`.i....• T.oan Agreement. - . ARTICLE I REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS OF GRANTOR Grantor hereby represents, warrants, covenants and agrees: 5 Section 1.01. Payment of Secured Obligations. To pay when due the principal of, premium, if any, and interest on i 0 i t -4- ' 5336a i s the indebtedness evidenced by the Developer Note and the Loan 1 Documents and tha principal of, premium. if any, and interest on any future advances t3CCt1Ied by this Geed of Trust . Section 1.02. Title of ,Grantor . (;t ,lntor has, euillect to Permitted Encumbrances set forth in Exhibit is hereto, in i its own right, good, perfect and indereaelhl" title in tot' 9 simple to the Trust Estate, which i '; free t I urn encumbrance superior to the indebtedness hereby 'teee'IIt eed ,Ind ha r lull right to make this conveyance, and, with ect tleee t e eieac'h Grantor who is an individual , no part t,t ttheTrust M t..rte- constitutes any part of his besines.+ or tt.t+rdonre heariestt•ad. 1 Ills 101 r,ai _>te.al Im ,rove±Ii:_rlt:; , At ( Ot t ht. Sect ion 1.03. 1- Completion Date (as dct ined in the Loan Aelr eee ment ) , e, •rr1' "1 1 r* shall not make any expenditures to, Improvements eht' Property without the prior written approval Benefity ' Section 1.04 . Maintenanrta,,_Ijce_Iat r,_ Al t. i a'• song To keep the Trust Estate in good coedition anti IOpai r , eenItic•t. .O to reasonable and ordinary wear and tear ; net. to remove, i demolish or substantially alter (except such alterations ,].t 1 may be requi red by laws, ordinances or regulations) any et 1 the Improvements; to complete promptly and in good And workmanlike manner any t•uilding or other derrimPt VtIIieet y t;,tl%Uth may be constructed on the Property I like manner any Improvement which may be damaged or tD'st.ruyucl Ithereon, subject to the provisions of Section 1 .07, and Le pay when due all claims for labor performed and materials Ifurnished therefor; to comply with all laws, o' dirr^I tee , 1 regulations, covenants, conditions and reastrictinnn tee)w et hereafter affecting the Trust Estate or any part theioor or requiring any alterations or improvements; not to commit er permit any waste or deterioration of the Trust Estate; to keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and rella i r ; to I comply with the provisions of any lease, if this Deed of Trust : s n a leasehold; not to commi'., suffer or permit any act r._ oe done in or upon the Trust Estate in vie]Iatinn or - ally law, ordinance or regulation. 1 Section 1 .05. Required Insurance. To at all times provide, maintain and keep in force the following pr:liciess e•f 1 insurance: 3 (a) Insurance against loss or larreage to the y Improvements by fire and any of the risks covered by insurance of the type now known as "fire and extended coverage," in an amount not less than the original -5- f 53 6a 3 _ _ .1\._.-r -• .. • j i amount of the Developer Note or the full replacement cost of the Improvements (exclusive of the cost of 4 excavations, foundations, and footings below the lowest '$ basement floor, but including the cost of debris removal) , whichever is greater; and with not more than $5,000 deductible from the loss payable for any casu- alty. The policies of insurance carried in accordance I with this subparagraph (a) shall contain the "Replace- ment Cost Endorsement; " i (b) If requested by Beneficiary, business inter- ruption insurance and/or loss of "rental value" insur- ance f..r and in sucn periods and amounts as are . satisfactory to Beneficiary; a (c) Comprehensive general liability insurance (including coverage for elevators and escalators, if any, on the Trust Estate and, if any construction of new + Improvements occurs after execution of this Ceed of 1 Trust, completed operations coverage for two years after ' E construction of the I provements has been completed) on 1 an "occurrence basis" against claims for "personal 4 injury" including without limitation bodily injury, 1 death or property damage occurring on, in or about the I Trust Estate and the adjoining streets, sidewalks and i passageways, such insurance to afford immediate minimum i protection to a limit of not less than that required by Beneficiary with respect to personal injury or death to any one or more persons or damage to property; j (d) Workers' compensation insurance (including employer's liability insurance, if required by Benefici- ary) for all employees of Grantor engaged on or with respect to the Trust Estate in such amount as is sa-:is- factory to Beneficiary, or, if such limits are estailished by law, in such amounts; (e) During the co_rse of any construction or roro. r of Improvements on the Property, builder' s L c,p- eted value risk insurance against "all risks of physical loss," including collapse and transit coverage, during construction of such Improvements, with deduct- ibles not to exceed $5,000, in nonreporting form, at Grantor's option covering the total value of work performed and equipment, supplies and materials fur- nished. Such policy of insurance .;hall contain the "permission to occupy upon completicn of work or occupancy" endorsement; # -6- 1 5336a [ . _ 1i wee.,+ , .. ;t... ., L w _ y_ _. 1 a (f) Boiler and machinery insurance covering pres- sure vessels, air tanks, boilers, machinery, pressure piping, heating, air conditioning and elevator equipment and escalator equipment, provided the Improvements contain equipment of such nature, and insurance against- loss of occupancy or use arising from any such break- down, in such amounts as are satisfactory to Beneficiary; 1 (g) Insurance against loss or damage to the Personal Property by fire and other risks .:avered by insurance of the type now known as "fire and extended coverage"; and tb (h) Such other insurance, and in such amounts, as may from time to time be required by Beneficiary against qti the same or other hazards. i re i eli All policies of insurance required by the terms of this Deed of Trust shall contain an endorsement or agreement by the insurer that any loss shall be payable in accordance with li the terms of such policy notwithstanding any act or negli- ® gence of Grantor which might otherwise result in forfeiture of said insurance and the further agreement of the insurer waiving all rights of setoff, counterclaim or deductions against Grantor. Section 1.06. Delivery of Insurance Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company as required by the provisions of the Loan Documents and ac otherwise satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Grantor shall furnish Beneficiary with an original copy of all policies of required insurance. Benefici' v hereby consents to Grantor providing any of the requi.^J insurance through blanket policies carried by - Grantor .eid covering more than one location. In such event Grantor shall furnish Beneficiary or any successor servicing - agent with a certificate of insurance for each such policy setting forth the coverage, the limits of liability as to the Trust Estate, the name of the carrier, the policy number, a. ' the expiration date. Thirty (30) days prior to the expiration of each such policy, Grantor shall furnish Beneficiary and America First Mortgage Corp. ("Agent") or any successor servicing agent with evidence satisfactory to Beneficiary and Agent of the reissuance of a policy continuing insurance in force as -7- 5336a ....., i t y required by this Deed of Trust. All such pulieies shall. icontain a provision that such policies will not be careelled 1 or materially amended, which term shall include any reduction i in the scope or limits of coverage, without thirty (30) days ' prior written notice to Beneficiary and Agent . In the event Grantor fails to provide, maintain, keep in 1 force or deliver and furnish to Beneficiary and Agent the policies of insurance required by this Deed of Trust , Beneficiary and Agent may procure such insurance or single-interest insurance for such risks covering _ Beneficiary' s interest, anG Granter will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Grantor the amount of all such premiums i together with interest thereon at the Late Payment Rate, 1 li shall be secured by this Deed of Trust. At the request of Beneficiary, Grantor shall deposit with Agent on the fifteenth business day of each and every calendar month, until the Developer Note is paid in full, an amount equal to one-twelfth of the estimated aggregate annual insurance i i! premiums on all policies of insurance required by this Deed of Trust. Agent shall have such sums invested in an interest OD bearing account and Agent shall pay such interest earrings to Crantor on a quarterly basis for Grantor ' s use with respect to Grantor 's obligations pursuant to the Trust Estate. . Grantor further agrees, upon Beneficiary's request, to cause ' all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Agent. Upon receipt of such bills, statements or other documents, and providing Grantor has deposited sufficient funds pursuant to this Section 1.06, Beneficiary or Agent • 9 shall pay such amounts as may oe due thereunder out of the funds so deposited. If at any time and for any reascr the funds deposited are or will be insufficient to pay such 1 amounts as may then or subsequently be due, Beneficiary or Agent may notify Grantor and Grantor shall immediately 1 deposit an amount equal to such deficiency with Beneficiary t or Age,,, Notwithstanding the foregoing, nothing contained r her-ir sta.1 cause Beneficiary or Agent to be deemed a trus- s tee or - ,ch funds or to be obligated to pay any amounts in excess of the amount of funds so deposited, pursuant to this 1 Section 1 .06. 1 I Upon occurrence of an Event of Default, Beneficiary m '. 9 at any time at Beneficiary' s option, apply any sums or 1 1 amounts received pursuant hereto, or as rents or income of the Trust Estate or otherwise, upon any iadebtedness or obligation of the Grantor secured hereby in such manner and 1 order as Beneficiary may elect. The receipt, use or applica- i tion of any such sums by Beneficiary hereunder shall not be 1 3 -8- j c136a 1 3 -. I construed to affect the maturity of any indebtedness secured by this Deed of Trust or any of*the rights or powers of of Beneficiary under the terms of _he L Documents orthe any the obligations of Grantor and/or any guarantor under - Loan Documents. Section 1.07. Insurance Proceeds. After the happening of any casualty to the Trust Estate or any part thereof , A t Grantor shall give prompt written notice thereof to Benefici- i ary, each insurer and Agent and submit a claim to insurer for 1 payment of insurance proceeds with a copy of such claim sent 1 by Grantor to' Beneficiary and Agent. i t" i (a) All proceeds of insurance paid or payable 0 under any insurance policy (the "Insurance Proceeds" ) with respect to the Trust Estate so damaged or destroyed shall be paid to Agent for the benefit of Beneficiary iiand each insurer of all or any portion of the Trust Estate is hereby authorized and directed to make payment r. for any such loss directly to Agent for the benefit of co Beneficiary and Grantor instead of payment to Grantor . Any Insurance Proceeds shall be applied first to the payment of all costs and expenses incurred by Agent 3 and/or Beneficiary in obtaining such proceeds. The 1balance of the proceeds, if any, may be applied at the option of Beneficiary (i) toward altering, restoring o: rebuilding the Trust Estate or such portion thereof which may have been altered, damaged or destroyed, by disbursing the same on such conditions and in such manner as provided in Section 3.06(b) of the Indenture jand on such conditions and pursuant to such procedures 1 as Beneficiary may require and impose, (ii) against installments of principal and interest due under the Developer Note pursuant to Section 5. 1 of the Loan Agreement. Such damage or destruction shall not affect the lien of this Deed of Trust or the obligations of Grantor hereunder, and Beneficiary is authorized at Be. ^ficiary's option to compromise and settle all loss tla 1,-.; on said policies if not adjusted promptly by . 1 u. -.►tor. y application of Insurance 1 (b) Notwithstanding the Proceeds to the payment of a portion of the secured indebtedness, the unpaid portion of the secured indeb' - edness shall remain in full force and effect, and Grantor shall not be excused in the payment thereof . If any act or occurrence of any kind or nature on which insurance was not obtained or obtainable shall result in `s damage to or loss or destruction of the Trust Estate, Grantor shall give immediate notice thereof by mail to 1 1 4 1 -9- 1 5336a 4 , " w+ w.....--.-.-- - _., __ - w.,w-- _ . - - sJ P 1 Beneficiary and Agent and, unless otherwise so instructed by Beneficiary, shall promptly, at Grantor' s sole cost and expense, restore, repair, replace and Q rebuild the Trust Estate as nearly as possible to its I value, condition and character immediately prior to such :I damage, loss or destruction, in accordance with plans and specifications submitted to and approved by f Beneficiary and Agent. (c) Nothing contained in this Deed of Trust shall be deemed to excuse Grantor from repairing or main- taining the Trust Estate as provided herein and in !) Section 1.04 hereof . The application or release by y Beneficiary of any Insurance Proceeds shall not cure or 11 waive any Event of Default or notice of default under a 14 this Deed of Trust or invalidate any act done pursuant to such notice. If Beneficiary elects not to so apply the Insurance Proceeds to the restoration, rebuilding or OD repair of the Trust Estate pursuant to Section 1 .07(a) i hereof, the Grantor shall not be required to restore, Irebuild or repair the portion of the Trust Estate j damaged or destroyed and the failure to do so shall not 1 constitute an Event of Default hereunder . Section 1.08. Assignment of Policies Upon Foreclosure. In the event of foreclosure of this Deed of Trust or other 3 transfer of title or assignment of the Trust Estate in extin- guishment, in whole or in part, of the indebtedness secured hereby, all right, title and interest of Grantor in and to 4 all policies of insurance including any refundable premiums required by this Deed of Trust shall inure to the benefit of and pass to the successor in interest to Grantor or the 1 purchaser or grantee of the Trust Estate. Section 1.09 . Indemnification; Subrogation_Waiver of Offset (a) If Beneficiary and/or Agent is made a party aefendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or inter- est therein, or the occupancy thereof by Grantor, then Grantor shall indemnify, defend and hold Beneficiary ani/or Agent harmless from all liability by reason uL 1 such litigation, including all attorneys ' fees and expenses incurred by Beneficiary and/or Agent in any $3 such litigation, whether or not any such litigation is prosecuted to judgment; provided, however, that this sentence shall not apply if Grantor shall have commenced such action and shall prevail therein. If Beneficiary -10- 5336a ,4 • and/or Agent commences an action against Grantor to enforce any of the terms hereof or because of an Event of Default or for the recovery of any sum secured hereby and shall prevail, Grantor shall pay to Beneficiary • and/or Agent all attorneys' fees and expenses, and the right to such attorneys ' fees and e . enses shall be deemed to have accrued on the comme,.cement_ of such action. Upon an Event of Default, Beneficiary may employ an attorney or attorneys to protect its rights • hereunder, and in the event of such employment following an Event of Default, Grantor shall pay all attorneys' fees and expenses incurred by Beneficiary, whether or • not an action is actually commenced against Grantor by reason of an Event of Default. Lit (b) Grantor waives any and all right to claim or .4 recover against Beneficiary and Agent, their officers, r employees, agents and representatives, for loss of or 1104 damage to Grantor, the Trust Estate, Grantor 's property or the property of others under Grantor' s control from any cause insured against or required to be insured ti against by the provisions of this Deed of Trust . G (c) All sums payable by Grantor hereunder shall be paid witnout notice, demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations • and liabilities of Grantor hereunder shall in no way be released, discharged or otherwise affected by reason of: (i) any damage to or destruction of or any condemnation or similar taking of the Trust Estate or any part thereof; (ii) any restriction or prevention of or inter- Terence with any use of the Trust Estate or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or the Impro 'ements or any • part thereof by title paramount or otherwise; (iv) any ban{•.-nptcy, insolvency, reorganization, composition, adj';a..^"nt, dissolution, liquidation or other like _ pr �fiing relating to Grantor, or any action taken with respect to this Deed of Trust by any trustee or receiver of Grantor, or by any court, in any such proceeding; or (v' any other occurrence whatsoever, whether similar or dissimilar to the foregoing; whether or not Grantor shall have notice or knowledge of any of the foregoing. To the extent permitted by law, Grantor waives all rights now or hereafter conferred by statute or other- ' wise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Grantor. s I. J I -11- 5336a ; - _ • 1 Section 1. 1C. Taxes_and Impositions . G I (a) Subject to paragraph (d) of this Section 1 . 10, / Grantor agrees to pay, at least ten (10) days prior to delinquency, all real property taxes and assessments , general and special, and all other taxes and es essments • of any kind or nature whatsoever , including without limitation nongovernmental levies or assessments such as maintenance charges, owner association dues or charges or fees, levies or charges resulting from covenants, conditions and restrictions affecting the Trust Estate, which are assessed or imposed upon the Trust `r'stae, or become due and payable, and which create, may create or 0/ appear to create a lien upon the Trust Estate, or any part thereof, or upon any Personal Property, equipment or other facility used in the operation or maintenance p4 thereof (all of which taxes, assessments and other QZ governmental and nongovernmental charges of like nature CD are hereinafter referred to as "Impositions") ; provided r however, that iE, by law, any such Imposition is pay- . 3D1 able, or may at the option of the taxpayer be paid in installments, Grart:or may pay the same together with any accrued interest on the unpaid balance of such Imposi- tion in installments as the same become due and before ary fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and interest . • (b) If at any time after the date hereof there shall be assessed or imposed (i) a tax or assessment on the Trust Estate in lieu of or in addition to the Impositions payable by Grantor pursuant to subparagraph (a) hereof, or (ii) a license fee, tax or assessment • imposed on Beneficiary and measured by or Used in whole or in part upon the amount of the outstanding obliga- tions secured hereby, then all such taxes, assessments or fees shall be deemed to be included within the term "Impositions" as defined in subparagraph (a) hereof , and antor shall pay and discharge the same as herein p ovided with respect to the payment of lmpositioris. At .ne option of Beneficiary, all obligations secured hereby together with all accrued interest thereon, shall become due and payable one h'!ndred eighty ( 180) days after Grantor receives written notice thereof in the event that Grantor shall not be permitted to pay su r fees taxes or assessments on behalf of Beneficiary. (c) Subject to the provisions of subparagraph (d) H of this Section 1. 10, Grantor covenants to furnish bene- ficiary and Agent within thirty (30) days after the date - 12- 1. 5336a 1 4 - 4 i M upon which any such Imposition is due and payable by Grantor, official receipts of the appropriate taxing i authority, or other proof satisfactory to Beneficiary and Agent, evidencing the payments thereof . A (d) Grantor shall have the right before any delis c quency occurs to contest or object to the amount or validity of any such Imposition by appropriate legal 1 proceedings, but this shall not be deemed or construed in any way as relieving, modifying, or extending Grantor' s covenant to pay any such Imposition at the i i ft time and in the manner provided in this Section 1 . 10 , in unless Grantor has given prior written notice to ene- 04 ficiary and Agent of Grantor 's intent to so contest or object to an Imposition, and unless, at Beneficiary' s .4 sole option, ( i) Grantor shall demonstrate to Bene- ficiary' s satisfaction that The legal proceedings shallCP conclusively operate to prevent the sale of the Trust 1 to Est::te, or any part thereof, to satisfy such Imposition prior to final determination of such proceedings; (ii ) grantor shall furnish a good and sufficient bond or 4 surety as re;uested by and satisfactory to Beneficiary; s and (iii) Grantor shall have provided good and suffi- 1 cient undertaking 3S may be required or permitted dy law 1 to accomplish a stay of such proceedings . 1 (e) At the request of Beneficiary, Grantor shall a pay to Agent, on the fifteenth business day of each and every calendar month, until the Developer Note is paid 4 in full, an amount equal to one-twelfth of the annual ` Impositions reasonably estimated by Beneficiary to pay the installments of Impositions next due on the Trust Estate. Agent shall have such sums invested in an j interest bearing account and Agent shall pay such inter- est earnings to Grantor on a quarterly basis for Grantor ' s use with respect to Grantor' s obligations suant to the Trust Estate. Grantor further agrees to 1 •-au,_.• all bills, statements or other documents relating i Impositions to be sent or mailed directly to Benefi- ciary and Agent. Upon receipt of such bills, statements E or other documents, and providing Grantor has deposited sufficient funds pursuant to this Section 1. 10(e) , Beneficiary or Agent shall pay such amounts as may bE , due thereunder out of the funds so deposited. If at any i time and for any reason the funds so deposited are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Grantor . • and Grantor shall immediately deposit an amount equal to • - 13- i f 5336a a ---- -- 161001,0wr. ir; ----—._——_-.--.—..--. - — ..� - such deficiency with Beneficiary or Agent. Notwith- standing the foregoing, nothing contained herein shall cause Beneficiary or Agent to be deemed 3 trustee of such funds or to be obligated to pay any amounts in excess of the amount of funds so deposited pursuant to this Section 1.10(e) . Beneficiary may impound or reserve for future payment of Impositions such portion of such payments as Beneficiary may in its absolute discretion deem proper, applying the balance on the principal of or interest on the indebtedness secured hereby. If Grantor fails to deposit sums sufficient to fully pay such Impositions at least thirty (30) days before delinquency thereof, Beneficiary may, at Bene- ficiary's election, but without any obligation iso to do, advance any amounts required to make up the defi- ciency, which advances, if any, shall be secured hereby v4 and shall be repayable to Beneficiary as herein else- where provided, or at the option of Beneficiary the latter may, without making any advance whatever, apply PIP any sums held by it upon and obligation of the Grantor QJ secured hereby. (f) Grantor covenants and agrees not to suffer, permit or i►;itiate the joint assessment of the real and personal property, or any other procedure whereby the lien of the real property taxes and the lien of the personal property taxes shall be assessed, levied or charged to the Trust Estate as a single lien. (g) If requested by Beneficiary, Grantor shall cause to be furnished to Beneficiary, at Grantor's expense, a tax reporting service covering the Trust Estate of the type and duration and with a company satisfactory to Beneficiary. Section 1. 11. Utilities. To pay when due all utility charges ''hi_ h -are incurred by Grantor for the benefit of the Trust t.. ' -tr or which may become a charge or lien against the Trust EstaLe for gas, electricity, water or sewer services furnished to the Trust Estate and all other assessments or charges of a similar nature, whether public or private, affecting the Trust Estate or any portion thereof, whether or not such taxes, assessments or charges are liens thereon. Section 1. 12 . Actions Affecting Trust Estates To appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary, Agent Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' -14- 53363 .-.,.....�. • .4r 1 i f a i i Grantor receive any notice or other information regarding such proceeding, Grantor shall give prompt written notice thereof to Beneficiary and Agent . Beneficiary may partic- ipate in any such Condemnation proceedings, and Grantor shall '' from time to time deliver to Beneficiary all instruments ,t requested b} Beneficiary to per:.1it such participation. 1 Grantor shall, at its expense, diligently prosecute in a 1 reasonable manner any such proceedings and shall consult with Beneficiary and its attorneys and experts, and cooperate in a reasonable manner with teem in the carrying on or defense of any such proceedings. All proceeds of Condemnation awards or t proceeds of sale in lieu of Condemnation with respect to the a Trust Estate and all judgments, decrees and awards for injury 1 or damage to the Trust Estate shall be paid to Agent for the benefit of Beneficiary and Grantor as their interests may 1 appear, and shall be applied first to all costs and expenses incurred by 3eneficiary and Agent in obtaining the proceeds . 1 g The balance of the proceeds, if any, shall be delivered to the Trustee for deposit in the Project Loan Fund and applied in any manner provided for the application of Insurance Proceeds pursuant to Section 1.07(a) e rIfeBeneficir ary elects not to apply all of the CondemnationP ® restoration or repair of the Trust Estate, Grantor shall not , be required to repair or restore the portion of the Trust 1 Estate damaged through Condemnation and the failure to do so shall not constitute an Event of Default hereunder . . Grantor hereby assigns and transfers all such proceeds, Ijudgments, decrees and awards to the Beneficiary and agrees to execute such further assignments of all such proceeds, judgments, decrees and awards as the Beneficiary may request. Beneficiary is hereby authorized, in the name of Grantor, to execute and deliver valid acquittances for, and to appeal from, any such judgment, decree or award. • Beneficiary shall not be, in any event or circumstance, i liable or responsible for failure to collect or exercise a dilig,nce in the collection of any proceeds, judgments, decredo or awards. - - section 1 . 16. Additional_ Securitty. In the event 1 Beneficiary at any time holds additional security for any or the obligations secured hereby, it may enforce the sale thereof or otherwise realize upon the same, at its option , I either before, concurrently with or after any sale is mae._ hereunder. Section 1. 17. Additional Indebtedness . Other than the '• Second Loan (as defined in the Indenture) , Grantor shall not further encumber the Trust Estate or any portion thereof 1 i e 3 g -16- 4 t 5336a _ . - fees, in any such action or proceeding in which Beneficiary, Agent or Trustee may appear. Section 1.13. Actions by Trustee and/or Beneficiary To Preserve Trust Estate. Beneficiary, in its sole discretion, without obligation sJ to do and without notice to or demand upon Grantor and without releasing Grantor from any obliga- tion, may make or do the same in such manner and to such extent as Beneficiary may deem necessary to protect the security hereof. In connection therewith (without limiting its general powers) , Beneficiary shill have and is hereby given the right, but not the obligation: (i) upon the occurrence of an Event of Default, to enter upon and take pi possession of the Trust Estate; (ii) upon the occurrence of an Event of Default, to direct Grantor to terminate any management agent and to employ such management agent as Beneficiary may determine in its sole and absolute discre- tion; (iii) upon the occurrence of an Event of Default, to 141) make additions, alterations, repairs and improvements to the Trust Estate which it may consider necessary or proper to keep the Trust Estate in good condition and repair; (iv) to appear and participate in any action or proceeding affecting or which may affect the security hereof or the rights or powers of Beneficiary or Trustee; (v) to pay, purchase, contest or compromise any encumbrance, claim, charge, lien or debt which in the judgment of Beneficiary may affect or appear to affect the security of this Deed of Trust or be prior or superior hereto; and (vi) in exercising such powers, to pay necessary expenses, including employment of counsel or other necessary or desirable consultants. Grantor shall immediately upon demand therefor by Beneficiary pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' fees. Section 1.14. Survival of warranties. To fully and faithfully *.isfy and perform the obligations of Grantor container :n ►r.y Loan Documents. All representations, war- - ranties aric: -Jvenants of Grantor contained therein or incor- porated by reference shall survive the funding of the loan evidenced by the Developer Note and shall remain continuing obligations, warranties and representations of Grantor during any time when any portion of the obligations secured by this Deed of Trust remain outstanding. Section 1. 15. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceed- ing, or in any other manner ("Condemnation") , or should -15- 5336a i i i (including, without limitation, secured transactions under the UCC) without the prior written consent of Beneficiary. Section 1. 18. Appointment of Successor Trustee. If the i Trustee shall die or become disqualified from acting in the execution of this trust, or shall fail or refuse to execute the same when requested by Beneficiary to do so; or iE , for any r^_asnn, Beneficiary shall prefer to appoint a substitute 999 trustee to act instead of the Trustee named herein, Benefice iary shall have full power to appoint, by written instrument, a substitute trustee, and, if necessary, several substitute trustees in succession, who shall succeed to all the estate, rights, powers and duties of the original Trustee named 0 herein. Such appointment may be executed by any aithorizeii i agent of Beneficiary; and if Beneficiary is a corporation and such appointment is executed in its behalf by any officer of .4 such corporation, such appointment shall be conclus_ ;ely presumed to be executed with authority and shall be valid and 1 0 sufficient without proof of any action by the board of r directors or any superior officer of the corporation. .40 Section 1. 19. Successors and• Assigns . This Deed of i Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, adminis- • trators, executors, successors and assigns. The term "Beneficiary" shall mean Washington Mortgage Corporation and any successor holders of the Developer Note, including FirsTier Bank, National Association, as trustee under the Indenture, whether or not named as Beneficiary herein. The covenants and agreements of Grantor continued herein shall apply to and be binding upon any successor owner of the Trust i Estate or any part thereof for so long as such successor owner owns such property. 1 1 Section 1.20. Insgeciions. Beneficiary, or its agents, I representatives or workmen, are authorized to enter at any i reasona'•1e time upon or in any part of the Trust Estate for the ou7;u :° of inspecting the same and for the purpose of _ perfo_o'ri any of the acts it is authorized to perform under the terms of any of the Loan Documents. 1 Section 1.21. Liens. To pay and promptly discharge, at 1 Grantor's cost and expense, all liens, encumbrances and 1 charges u,on the Trust Estate, or any part thereof or inLer est therein. Grantor shall have the right to contest in good ) faith the validity of any such lien, .ncumbrance or charge, I provided Grantor shall first deposit with Beneficiary or Title Company (as defined in the Construction Loan Agreement) i a bond or other security satisfactory to Beneficiary in such i ; -17- i 5336a E , F 1 I i I 1 amounts as Beneficiary shall require but not more than one hundred fifty percent (150%) of the amount of the claim plus 1 costs (including attorneys' fees) and interest and provided f further that Grantor shall thereafter diligently proceed to i cause such lien, encumbrance or charge tc be removed and discharged. If Grantor shall fail to discharge any such • 1 lien, encumbrance or charge, then, in addition to any other right or remedy of Beneficiary, Eeneficiary may, but shall I i not be obligated to, discharge the same, either by paying the i amount claimed to be due, or by procuring the discharge of t such lien by depositing in court a bcnd or the amount claimed il or otherwise giving security for such claim, or in such i li manner as is or may be prescribed by law. ig Section 1.22 . Beneficiary's Powers. At any time, or I w4 from time to time, without liability, therefor, 3eneficiary without affecting the personal liability, if any, of any 4 person for payment of the indebtedness secured hereby or the 1 CO effect of this Deed of Trust upon the remainder of said Trust Estate, may from time to time without notice ( i) release any part of said Trust Estate, (ii) consent in writing to the making of any map or plat thereof, (iii) join in granting any easement thereon, (iv) join in any extension agreement or any agreement subordinating the lien or charge hereof, (v) � release any person so liable, (vi) extend the maturity or } alter any of the terms of any such obligations, (vii) grant t other indulgences, (viii) take or release any other or addi- tional security for: any obligation herein mentioned, ( ix) I make compositions or other arrangements with debtors in relation thereto, or (x) advance additional funds to protect 1 the security hereof and pay or discharge the obligations of sGrantor hereunder or under the Loan Documents, and all amounts so advanced, with interest thereon at the Late Pay- ! ment Rate (as defined in the Developer Note) , shall be secured hereby. 1 Section 1.23. Traden.mes. At the request of Benefici- i ary, •;r:, for shall execute a certificate in form satisfactory to c,. .t cary listing the tradenames under which Grantor intends co operate the Trust Estate, and representing and warranting that: Grantor does business under no other trade- • names with respect to the Trust Estate. Grantor shall immediately notify Beneficiary in writing of any change in said tradenames, and will, upon request of Beneficiary, texecute any additional financing statements and other certif- I i to reflect the change in tradename and will 1 i ates revised ' execute and file any assumed name certificate required by the laws of the Washington (the "State") . 1 { 1 1 1 -18- i 5336a 4. 1 ..-- ... Section 1.24. Restrictions .Affecting. Title. Grantor shall perform when due all obligations required to be per- formed by Grantor by the provisions of any agreement affect- ing title to the Trust Estate. Section 1.25. Land Use. Prior to expiration of any land use restriction agreement affecting the Trust Estate, Grantor shall not operate the Trust Estate, or permit the Trust Estate to be established or operated, as a cooperative or condominium building or buildings in which the tenants or occupants participate in the ownership, control or management of the Trust Estate or any part thereof, as tenant stock- holders or otherwise. 4114 r ARTICLE II 414 ASSIGNMENT OF RENTS, ISSUES AND PROFITS SOD Section 2.01. Assignment of Rents. Grantor hereby absolutely assigns and transfers to Beneficiary all the rents, issues and profits of the Trust Estate, and hereby gives to and confers upon Beneficiary the right, power and authority to collect such rents, issues and profits. Grantor irrevocably appoints Beneficiary its true and lawful attorney-in-fact, at the option of Beneficiary at any time and from time co time, to take possession and control of the Trust Estate and to demand, receive and enforce payment, to give receipts, releases and satisfaction, and to sue, in the name of Grantor or Beneficiary, for all such rents, issues and profits and apply the same to the indebtedness secured hereby; provided, however, that Grantor shall have a license to possess and control the Trust Estate and to collect such rents, issues and profits (but not more than one month in advance) prior to or at any time there is not an Event ho samee f Default under any of the Loan Documents and to apply to the payment of Operating Expenses and in accordance with Sections 3. 4 and 3 .5 of the Loan Agreement. The assignment of the rert;, issues and profits of the Trust Estate in this Article is intended to be an absolute assignment from Grantor to ,eneficiary and not merely the passing of a secu- rity interest. Section 2.02. Collection Upon Default. Upon any Event of Default under any of the Loan Documents, Beneficiary may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the Trust Estate, or any part thereof, and in its own name sue for or otherwise col- lect such rents, issues And profits, incl.tding those past due -19- 5336a 1 a i and unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The collection of such rents, issues and ti profits, or the entering upon and taking possession of the Trust Estate, or the application thereof as aforesaid, shall 7 not cure or waive any default or notice of default hereunder 1 or invalidate any act done in response to such default or i pursuant to such notice of default . ARTICLE III iSECURITY AGREEMENT iSection 3.01. Creation of Security Interest . With ` respect to any portion of the Trust Estr.te which constitutes • ii gpersonal property, fixtures or other property governed by the f Uniform Commercial Code of the State ("UCC") , this Deed of $ � Trust shall constitute a security agreement between Granter 1mwa as the debtor and Beneficiary as the secured party, and i Grantor hereby grants to Beneficiary a security interest in. 1 such portion of the Trust Escate. Cumulative of all other rights of Beneficiary hereunder, Beneficiary shall have =ll 1 of the rights conferred upon secured parties by the i;CC. Grantor will execute and deiive: to Beneficiary all financing I statements that may from time to time be required by Beneficiary to establish and maintain the validity and prior•- B ity of the security interest of Beneficiary, or my modifica- tion thereof, and all costs and expenses of any searches required by Beneficiary. Beneficiary may exercise any or all 1 of the remedies of a secured party available to it under the i UCC with respect to such property, and it is expressly agreed that if upon an Event of Default Beneficiary should proceed i to dispose of such property in accordance with the provisions 1 of the UCC, ten (10) days' notice by Beneficiary to Grantor 1 shall be deemed to be reasonable notice under any provision of the UCC requiring such notice; provided, however, that Ben,`iciary may at its option dispose of such property in 1 acc oro.ice with Beneficiary' s- rights and remedies with re., ° :t to the real property pursuant to the provisions of this Deed of Trust, in lieu of proceeding under the UCC. 1 Grantor shall give advance notice in writing to Benefi- ciary and Agent of any proposed change in Grantor 's nam - . identity, or business form or structure and will execute and I deliver to Beneficiary, prior to or concurrently with the i occurrence of any such change, all additional financing i statements that Beneficiary may require to establish and maintain the validity and priority of Beneficiary's security S ) I i -20- 4 5336a 1 • • h interest with respect to any of the Trust Estate described or i referred to herein. 1 Some of the items of the Trust Estate described herein are goods that are or are to become fixtures related to the Property, and it is intended that as to those goods, this 1 Deed of Trust shall be effective as a financing statement filed as a fixture filing from the date of its filing for record in the, real estate records of the county in which the 1 Trust Estate is situated. Information concerning the secu- rity interest created by this instrument may be obtained from Beneficiary, as secured party, at the address of Beneficiary i C04 stated above. The mailing address of the Grantor, a:; debtor , is as stateu above. e4 Section 3.02. Warranties, Representations and :ovenants of Grantor. Grantor hereby warrants, represents and cove-- nanL , with respect to the Personal Property, as fol .ows: ® (a) except for the security interest granted hereby, Grantor is, and as to any of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property, free from any • adverse lien, security interest, encumbrances or adverse claims thereon of any kind whatsoever except for Per- f, mitted Encumbrances. Grantor will notify Beneficiary of, and will defend the Personal Property against, all • prohibited claims and demands of all persons at any time claiming the same or any interest therein; (b) Grantor will not lease, sell, convey or in any • manner transfer the Personal Property (except Personal Property transferred in the ordinary course of business and replaced by Personal Property of a similar nature end having at least the same value as the Personal P,. p.-rty replaced) without- the prior written consent of •ie•eficiary; (c) the Personal Property is not used or bought for personal, family or household purposes; (d) the Personal Property will be kept on or the Property and Grantor will not remove the Personal Property from the Property without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Grantor with new items of equal or greater quality; and 1 -21- 5336a 1 i 1 1 A i interest with respect to any of the Trust Estate described or. _ referred to herein. 4 Some of the items of the Trust Estate described herein Iare goods that are or are to become fixtures related to the Property, and it is intended that as to those goods, This 1 ')eed of Trust shall be effective as a financing statement filed as a fixture filing from the date of its filing for 1 record in the, real estate records of the county in which the t Trust Estate is situated. Information concerning the secu- rity interest created by this instrument may be obtained from Beneficiary, as secured party, at the address of Beneficiary i NI stated above. The mailing address of the Grantor, as debtor , is as stateu above. I 404 Section 3.02. Warranties, Representations and Covenants of Grantor . Grantor hereby warrants, represents and cove- nant.i, with respect to the Personal Property, as fol1.ows : r i OD (a) except for the security interest granted hereby, Grantor is, and as to any of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property, free from any adverse lien, security interest, encumbranc- or adverse claims thereon of any kind whatsoever except for Per- mitted Encumbrances. Grantor will notify Beneficiary i of, and will defend the Personal Property against, all • prohibited claims and demands of all persons at any time claiming the same or any interest therein; r (b) Grantor will not lease, sell, convey or in any • manner transfer the Personal Property (except Personal Property transferred in the ordinary course of business and replaced by Personal Property of a similar nature 1 and having at least the same value as the Personal i pi. norty replaced) without- the prior written consent of i •%e'of iciary; (c) the Personal Property is not used or bought t for personal, family or household purposes; 1 (d) the Personal Property will be kept on or a_ , the Property and Grantor will not remove the Personal i Property from the Property without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in a ordinary usage, all of which shall be promptly replaced by Grantor with new items of equal or greater quality; and i -21- 1 5336a t Tilinisimaillamilimmilimmillaillimmagmllinguilinialimullimaillimillimmilli"1"119.111"4"."4"161.1"1"" 2"1t 7eseasenl� l!� " '1"i�! Ib`dtL�YltilC`CS'y way,, : • . (e) all covenants and obligations of Grantor contained herein relating to the Trust Estate shall be deemed to apply to the Personal Property whether or not expressly referred to herein. ARTICLE IV EVENTS OF DEFAULT AND REMEDIES UPON DEFAULT Section 4.01. Events of Default. Any one or more of the following events shall be deemed an Event of Default hereunder: eel (a) failure by Grantor to pay when due (i) any payment of principal of, premium, if any, or interest on CD the Developer Note when due or (ii) any other sum secured hereby or due hereunder or under any other Loan Document within two days after written notice from Beneficiary of the amount due, together with interest at the Late Payment Rate; (b) failure by Grantor to punctually perform or observe any covenant or agreement contained in this Deed of Trust (other than the monetary obligations described in paragraph (a) above) and such failure shall not have been cured within thirty (30) days after written notice from Beneficiary of such failure; (c) the occurrence of a Default or Event of Default under any Loan Document (other than this Deed of Trust) or any Guarantee Agreement (as defined in the Loan Agreement) ; (d) Grantor or Guarantor shall file a voluntary petit' n in bankruptcy or shall be adjudicated a b4,1,:urt or insolvent, or shall file any petition or answe.. seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Grantor or of Guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors, or shall admit in writing inability to pay debts generally as they become due; -22- i 5336a ;f (e) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed i against Grantor or Guarantor seeking any reorganization, 1 dissolution or similar relief under any present or i future federal state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for 4 debtors, and such order , judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of , i C' entry thereof; or any trustee, receiver or liquidator of 1/1 Grantor or of Guarantor or of all or any part of the i 04 Trust Estate, or of any or all of the royalties, .4 revenues, rents, issues or profits thereot, shall be appointed without the consent or acquiescence of Gia.ltor !44 or Guarantor and such appointment shall remain unvacated CD and unstayed for an aggregate of sixty (60) days r. (whether or not consecutive) ; GID (f) a writ or execution or attachment or any . similar process shall be issued or levied against all or any part of or interest in the Trust Estate, or any judgment involving monetary damages shall be entered against Grantor which shall become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or similar process or judg- • ment is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its entry or levy; (g) if during the term of the Project Loan secured by this Deed of Trust, Grantor shall without the prior written approval of Beneficiary sell, convey, alienate, mortgage or encumber the Trust Estate or any part thereof or any interest therein, or shall he divested of its title or any interest therein, in any manner, whether voluntarily or involuntarily, or if there is any merger, consolidation or dissolution affecting Grantor or .ny. general partner of Grantor, or if there is a ; * -aiscer of a majority interest in Grantor in a series or _ransactions or as a single transaction; provided, i however, that during the first five years of the term of ! the Project Loan secured by this Deed of Trust, if no Event of Default hereunder has occurred and is ' continuing, this provision shall not apply to a sale, conveyance, assignment or transfer of limited partnership interests in Grantor if (A) the proceeds i thereof, on a present value basis, do not exceed 120% of the Loan secured hereby and (B) The Axelrod Company and Shelter Corporation of Canada Limited shall remain the co-general partners of Grantor ; -23- 5336a -.4lanwsaftza4,1 v;::R:,t::L::�:— JQY_ •..„U6&.x�w'=ayc'-C /iit.T, 'd`' .+%.'S.-irt i:.:=I )',2.'.C:;::i.:4dTs•�iG '.1:..'�a`ia,t-1 r3'bic".'t,- ti4:i�S:.'.IFt•Y*e.; -�..'""s a'S':.�s i (h) judgment for One Hundred Thousand Dollars $100,000) or more shall be rendered against Grantor which shall not be discharged or bonded pending appeal; or • (i) any assignment by Grantor of the whole or any part of the rents, issues or profits arising from the Property to any person without the consent of the Beneficiary or if, without such consent, Grantor shall further encumber the Trust Estate or any portion thereof r (including, without limitation, secured transactions • under the UCC) . 0 Section 4.J2. Acceleration Upon Default, Additional Remedies. Upon the occurrence of an Event of Default, 94 Beneficiary may declare all indebtedness secured hereby to be i CI due and payable, and the same shall thereupon become due and CDpayable without any presentment, demand, protest or notice of , any kind except as otherwise provided herein, and Grantor hereby waives notice of intent to accelerate the indebtedness. Thereafter Beneficiary or Trustee may: (i) Either in person or by agent or by the Trustee, 1 with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate or any part thereof and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, 1 increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust Estate, take any action described in Section 1.13 hereof, sue for or otherwise collect the rents, issues i i and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including reasonable attorneys' fees, upon any indebtedness secured hereby, all in such order as Bene -iary may determine. The entering upon and taking i pesLes: 1 ,h of the Trust Estate,- the taking of any action ' des,... 4',ed in Section 1.13 hereof, the collection of such rents, issues and profits and the application 1 thereof as aforesaid, shall not cure or waive any default r or notice of default hereunder or invalidate any act done in responee to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt ' and application of rents, issues or profits, Beneficiary shall be entitled to exercise every right i 1 ! -24- 5336a s I 1:. a lis:..c3�..:: :i..�1-.i'I:"51404;w"W9"ru's`I �" ` `VrL= "+.'"G '#'wASUISSIOCNIC- • provided tor in any of the Loan Documents or by law upon 1 occurrence of any Event of Default, including tee right to exercise the power of sale; (ii) Commence an action to toreciose this Deed of • Trust, appoint a receiver, specifically enforce any of • the coverauts hereof or sell the Trust Estate pursuant to the power of sale herein conferred; eb (iii) Exercise any or all of the remedies available • .04 4 to a secured party under the UCC, including, but not limited to: eof 1 . Either personally or by means of a court appointed receiver, commissioner or other officer , r, take possession of all or any of the Pers•Dna1 OD Property and exclude therefrom Grantor and all others claiming under Grantor , and thereafter hold, store, use, operate, manage, maintain and control , make repairs, replacements, alterations , additeon:: and improvements to and exercise all rights and powers of Grantor in respect of the Personal Property or any part thereof . In the event • Beneficiary demands or attempts to take possession of the Personal Property in the exercise of any rights under any of the Loan Documents, GranLor promises and agrees to promptly turn over and deliver complete possession thereof toBeneficiary; 2. Without notice to or demand upon Grantor , make such payments and do such acts as Beneficiary may deem necessary to protect its security interest • in the Personal Property, including without limita- tion, paying, purchasing, contesting or compromis- i ing any encumbrance, charge or lien which is prior i to or superior to the security interest granted i hereunder and, in exercising any such powers or authority, to pay -all expenses incurred in _connec- ! tion therewith; 3 . Require Grantor to assemble the Personal Property or any portion thereof , at a place desig- t t nated by Beneficiary and reasonably convenie' t to both parties , and promptly to deliver such F'..csonal Property to Beneficiary, or an ageht or represent_+- tive designated by it. Beneficiary, and its agents and representatives, shall have the right t) enter upon any or all of Grantor ' s premises and property to exercise Beneficiary' s rights hereunder ; • -25- 5336a ..ter .. .. .. 4. Sell, lease or otherwise dispose of the Personal Property at public sale, with or without having the Personal 2roperty at the place of sale, and upon such terms and in zi,ch manner as Bene- ficiary may determine. Beneficiary may be a purchaser a'- any such sale; and 5. Unless the Personal Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, �SBeneficiary shall give Grantor at least ten (10) Cd days' prior written notice of the time and place of a4 any public sale of the Personal Property or other r. intended disposition thereof. Such notice may be g„i mailed to Grantor at the address set forth at the beginning of this Deed of Trust and shall oe deemed CD to be given on the date of mailing thereof. r. an Section 4.03. Exercise of Power of Sa'e. If Beneficiary elects to sell Grantor' s interest in the Trust Estate by exercise of the power of sale herein container, Beneficiary shall. notify Trustee in the manner then required by law. (a) Upon receipt of such notice from Beneficiary and at the direction of Beneficiary, Trustee shall cause to be recorded, published and delivered such notices of default and notices of sale as may then. he =egui::d by law and by this Deed of Trust. Trustee shall, only at the direction of the Beneficiary and without demand on Grantor, after such time as may then be required by law and after recordation of such notice of default and after notice of sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such notice of sale, either 3s a whole, or in separate lots or parcels or items as Beneficiary shall deem expedient, and in such order as it may determine, at public au.;tion to the highest bidder fcr cash in lawful money of the United States payable at the t?.me of -11e, or as otherwise may then be required by law. TL. =}see shall deliver to such purchaser or purchasers • • h- reof its good and sufficient deed or deeds conveying tie property so sold, but without any covenant or war- ranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Grantor, Beneficiary, but not Trustee, mt_ purchase at such sale. -26- 5336a r i 1 (b) As may be permitted by law, after deducting { all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connec- tion with sale, Trustee shall apply the proceeds of sale to payment of (i) first, to payment of all costs, fees and expenses including attorney fees and expenses incurred by the Beneficiary in exercising the power of sale or foreclosing this Deed of Trust , and ( ii) second, ii as directed or as may be required by law. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. I: � Section 4 .04 . Appointment_ oE Re_ceiver . IE an Evert of 01 Default shall have occurred and be continuing, Beneficiary, 8 as a matter of right and without notice to Grantor or anyone r claiming under Grantor, and without regard to the then value an of the Trust Estate or the interest of Grantor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Trust Estate and Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor . Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided in Section 4 .02( i) and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Estate unless such receivership is sooner terminated. Section 4 .05. Remedies Not Exclusive. Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or here- after in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or here- after he otherwise secured, whether by mortgage, deed of trust, o .edge, lien, assignment or otherwise. Neither the accee' 'nc? of this Deed of Trust nor its enforcement, whether by cour.. action or pursuant to the power of sale or other powers herein continued, shall prejudice or it any manner affect Beneficiary's right to realize upon or enforce any o..her security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order and manner as it may in its abso- lute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is intended to be exclusive of any other remedy giver. hereunder or now or hereafter existing at • -27- t 5336a i t r -. ..,y,:4.:41.,..r •.•_,_.- ,-J._..•_.......... ..«.— ,.-. *,r.._. 1::e ...,.-...1 �,X(Var,S;: :. f. .x.a....g.li..d.n._.,.....y „ -. -, ��.. r� .�.. �... . ali.",Jir Fi::.xr.v:f,;::a.:�:�^ '�rtL��..+...d.e�^a-- S law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Beneficiary, or to which Beneficiary may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as of,en as may be deemed expedient by Beneficiary. Beneficiary may pursue inconsistent remedies. The acceptance by Beneficiary of any sum after the same is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured or to declare a default as herein provided. The I acceptance by Beneficiary of any sum in an amount less than 04 the sum then due shall be deemed an acceptance on account 1 D. only and upon condition that it shall not constitute a wau' r of the obligation of Grantor to pay the entire sum then due, and failure of Grantor to pay such entire sum then clue shall ; Q be and continue to be an Event of Default notwithstanding r such acceptance of such amount on account , as aforesaid . QD Beneficiary or Trustee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Beneficiary thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them, or either of them, and the right to proceed with a :gale under any notice of default, an election to sell, or the r'.ght to exercise any other rights or remedies hereunder, shall in no way he impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exer- cise. Consent by Beneficiary to any action or inaction of Grantor which is subject to consent or approval of Benefi- ciary hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions . • Section 4 .06. Possession of Trust Estate. In the event of a trustee's sale or foreclosure sale hereunder and after the time of such sale, and Grantor occupies the portion of the "rust Estate so sold, or _any part thereof , Grantor shall ime,eo:..tely become the tenant of the purchaser at such sale, wn. •' tenancy shall be a tenancy from day to day, terminable at the will of either tenant or landlord, at 3 reasonable rental per day based upon the value of the portion of the Trust Estate so occupied, such rental to be due and payable daily to the purchaser . An action of unlawful detainer shall lie is the tenant holds over efter a demand in writing tor possession of such Trust Estate and premises; and this agree- ment and any trustee' s deed shall constitute a lease and agreement under which the tenant ' s possession arose and continued. -28- • • • 5336a • ARTICLE V MTSCELLANEOUS Section 5.01 . Governir. Law. This Deed of Trust sha1 be governed Ly the laws of the State. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can to given effect without the conflicting provision, and to this end the provi- sions of the Loan Documents a e declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing '* signed by the party against whom enforcement of any waiver , change, discharge or termination is sought . 01 Section 5.02 . Waiver of Rights. To the extent_ r. permitted by law, Grantor waives the benefit of all laws now ,D existing or that hereafter may be enacted ( i ) providing fcr any appraisement before sale of any portion of the Trust Estate, and (ii) in any way extending the time for the enforcement of the collection' of the Developer Note or the debt evidenced thereby or creating or extending a perioa of redemption from any sale made in collecting saicl debt . To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plea, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, extension or redemption, and Grantor, for Grantor, Grantor ' s heirs, devisees, representatives, successors and assigns , and for any and all persons ever claiming any interest in the Trust Estate, to the extent permitted by law, hereby waives and releases all rights of redemption, valuation, appraisement, stay of execution, notice of election to mature or declare due the whole of the secured indebtedness and ,naryhaling in the event of foreclosure of the liens hereby created. If any la• referred to in this Section and now in force, of. which G:r& Grantor ' s heirs, devisees, representatives, - .,e -e :ssors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be ''eemed to preclude the application of this Section. Grantor expressly waives and relinquishes any and all rights and remedie: which Gran'..or may have o: be ahle to assert by reason of the -aws of the State pertaining to the rights and rerreciies of sureties . Section 5.03 . Lirnitation_of Interest . All agreements between Grantor and Beneficiary, whether now existing or -2')- 5336a ie. • • • hereafter arising and whether written or oral, are expressly } limited so that in no contingency or event whatsoever shall the amount paid, or agreed to be paid, to Beneficiary for the use, forbearance, or detention of the money to be loaned pursuant to the Developer Note or otherwise, or for the performance or payment of any covenant or obligation cc'n- ' tained herein, exceed the maximum amount permissible under japplicable law. If from any circumstance whatsoever fulfillment of any provision hereof at the time performance of such provision shall be due shall involve transcending the •• limit of validity prescribed by law, then, ipso facto, the t obligation to be fulfilled shall be reduced to the limit of 01 such validity, and if from any such circumstance Beneficiary 914 shall ever receive as interest under such Developer Note or this Deed of Trust or otherwise anything of value which would exceed interest at the highest lawful rate, such amount that Q1 would be excessive interest shall be applied to the reduction • Q of the principal amount owing under the Developer Note or on account of the other indebtedness secured hereby and not to air the payment of interest, or such excessive interest exceeds the unpaid balance o_ principal of the Developer Note and such other indebtedness, such excess shall be refunded to Grantor, or to the maker of the Developer Note or other evidence of indebtedness if other than Grantor. All sums paid or agreed to be paid to Beneficiary for the use, for- bearance, or detention of the indebtedness eluredaw, bhereby shall, to the extent pe.nd.tted by applicable amort- ized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate of interest on account of such indebtedness is uniform throughout the term thereof . The terms and provisions of this paragraph shall control all agreements between Grantor, the maker of the Developer Note or other evidence of indebt- edness if other than Grantor, and Beneficiary. Section 5.04 . Statements by Grantor . Crantor , within ten (10) days after being given notice by mail, will furnish to Bene" ciary a written statement stating the unpaid princi- pal nr. a:::: interest on the Developer Note and any other amount. :secured by this Deed of Trust and stating that no offset or defense exists against such principal and inter- est. Grantor will (i) submit annual and quarterly income and expense statements on the Trust Estate and (ii) upon request by Beneficiary, such other reports and statements which ar- prepared by Grantor and its representatives and agents in the ordinary course of •business. Section 5.05 . Notices . Whenever Beneficiary or Grantor shall desire to give or serve any notice, demand, request or -30- 5336a i . . — —....—.-. . ...- • . , . . . t . . , • . . • . • ' • n. • ,•• ; • •••! ).., '• . S. • • • . •• • . , . . • ' .• - . • . . . . • . . • • . •• • •• . • • . . ••: • • ' •... ! ' • : ..;•• ' • .:t . •- . 1 • • ;•,• ! •r t • •ri :1... • ' . •:. • *r •;':' . : ) . • f •••' • •• . ; ; • • r • :. ;::1 • ;;.:;,. Jeri, cli;) • ;: • 7,2. t;':f. , t%i • ! • ''• • I .. ;;'; ' • • •: • • • , Hi..1 ; 1 f • :;.• -! . ,•. • '• • , . • tt,1 H • • • tlf ,rt; I 2 f - (-1 , r • ,! r,::1. t.1,1 • • 1!•.; i ti .• ;••:r. l!f_tt. i•,11 M.:I • : • L.); : r.: • •; !;;:1;;; * ' , ! ,• ,;;. ,,,•• ,; • ' • ••••••.". f.'.." •'•fi t : IA.! ; ...1 t.f't• .‘" ; : •!1't •: f ; r .f.-. ! :, 1 , ! ; • 1...";"1" . II.; *,t ;10 '• r; rt.: .Agrempursitmpoi% herein by reference to the same extent as if fully set fortis herein and made a part of this Deed of Trust. This Deed of Trust secures the payment of all sums and the performance of all covenants required by Grantor by the Loan Agreement. Section 5. 10. Change in Ownership. If the ownership of the Trust Estate or any part thereof becomes vested in a person other than Grantor, Beneficiary may, without notice to Grantor, deal with such successor or successors in interest with reference to this Deed of Trust and the indebtedness hereby secured in the same manner as with Grantor without in any way vitiating or discharging Grantor' s liability hereunder 04 or upon the indebtedness hereby secured. No sale of the Trust Estate, and no forbearance on the part of Beneficiary, 11,4 and no extension of the time for the payment of the indebtedness hereby secured, given by Beneficiary, shall ® operate to release, discharge, modify, change or affect the original liability, if any, of Grantor or the liability of any ® guarantors or sureties of Grantor, either in whole or in part. Section 5. 11. Limited Obligation. The provisions of Section 6.9 of the Loan Agreement are hereby Incorporated herein by this reference and shall limit, ••�ccrdingly, • Grantor' s obligations and liabilities under this Deed of Trust to the same extent as if such provisions were fully set for_h herein. Section 5. 12. First Parity SecuritvInterests. Notwithstanding anything herein to the contrary, and notwithstanding the order of filing in the appropriate real estate records, the lien created by this Deed of Trt3t and the lien created by the Deed of Trust, Security Agreement and Assignment of Rents and Leases dated as of September 1, 1987 among Grantor, America First Participating/Preferred Equity Mortgage Fund and the trustee named therein shall be first parity security interests. • Se.-ti. ^ 5. 13. Non-Agricultural Use. The Trust Estate- is • not ust._ o .incipally or primarily for agricultural or farming • purposes. • -32- 5336a . IN WITNESS WHEREOF, -;cantor has caus `d. this Deep ,r Trust to be duly executed on ' he day -:!.id year sLt forth in tha acr.nowiedc►ement attached hereto :.::a c•ff'_ctlye nn the da':e - first written above . UNrotNTG• :ASSOCIATES LIMITED PARTNERSHIP, 0 Washington bimi_ed F'artr,er3hip by The Axelrod Company, to Washington Corporation, It:; N General Partner T. By 6ril fiAl" 31A A 4,4, z5') Name _ 10 . A teroc _ i - -- _ _ t - - —_ ...._I** Title Alms_11 ..____ q0 By Shelter Corporation of Canada Limited, a Canadian Corporation, Its General Partner l ay ,- 1� A. ,�44. --- -- Name' w._ - -------- T i t 1 e Jiew _Q�ei,—_____ --___— • STATE OF £.A51411V6lv,4J SS. • COUNTY OF /C//t.6 ) On this the if day of September , 19387, before me, the undersigned, a Notary Public in and for said State, personally appeared 41.001. P 1$J6 personally known to me or prove. 'o me on the basis of satisfactory evidence t': be the Pe' ,c•, ti ..:, executed the within instrument as the /re5to[1zf of The ,,. ^ _rod Company the corporation that executed the within instrument on behalf of Sunpointe Associates Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that: such partne:rsh o exe`�,..- .. ' me. tagp.GlE ec :"l1 ►�=01( nd and official F.ai . �r • Z �j.....0e4=4"' � .l WARY s Notary Public �,'. P!SB�\C ' o 1 5336a 1 „ ... 1 .4,:.Z 'vq - _.._._.dw -t. .-.92.r dl r:.44..1 « r.S.,...r..r..i.i -. ..,.__x r`1:1S.61:43> ~=� ~ _ STATE OF / ) SS. MUyITY OF on this the It day of 8eptembez cne undersigned, a Notary Public / n .-ind for s.!id yecsunal1y appeaceda.W. &ROY Cie csonallv ��v�n d oce � pr»vcd t�u me on the basis of �atista«tory e«��eA(kw [ person who executed the within instrument as o _ ~ '^~---' `' ' 3hcitec Corporation of Canda Limited the cocroraiion that t behal� of �un�»inte eueuucednthe" Limited partnership �ba� eaecu�ed auuvc^r` ^'^^~~ 'Partnership, � t such the =�tb�n instrument, and acknowledged to �e na ' � '` ' such pactne. on'! s"ct cocpu�a�iun executed the same as ^- partnership executed the same. ' wz,rNEGG my hand and official seyl ' � nocacv rv"^^c Pubo� 5- ' - -34- — • : e..sn:.:•4 • `. .•• .. • •••••• ,t4"15.2.•!‘ . • • ▪ ula Aw-tnoriy houndaryn: • 4A aho'en eain Ilna A‘IlvorO• :aneet 5 qf 2 - • , 1.i•!tce fee.: rs. , •• : •• 1:.1.4. A , • as recar446‘.., .", - r • ;3'1.3 - • tn.-.s.r; : 1 1%qC 1,! . 1 • .1t • sot:t:: 71'31'15' nest 7,1, C,, Cset 4%%.7 Jr-J- t3 h4It cornor 22: ',,soce north 18'27.:0's. 11.: 200.5: twat of tLa east !tn. 441Z 7.% 7 . tl7ht-or-vei :ins t.n.s :'.1 I C r. !‘.!. sq...:.tb 13172'1" t4"- - " T7s4tIctts.r, t, oZ 7)436' 0' !..,krminve tnr ;s▪ ,ton r.2*.F; • 9203169002; ▪ r.outh 75°13.15. aam.: 1".2,0; ,f d lot 9 to the wexterly :Inn of: the re.:thscly .2otr. tre,:m of land convAyed :orçj rCtKinq County aacordor' r fluft.bcc .Anct switherly ion; raid weatariy .15.o4 \a' nl.rtnnuie in or thso westory porti,In of s..41...t -laureling 1SO.c1 fear, to a af 4hich a:uth Along the are ;2CCa curve t'na ;n.' thr, • 27 17.12'. 1.% . 1 •' ,qicss 1-hu ,0,•11' 1i vest 20.0° :set: • thsCC CC: . 167.12 , An (..t.L .!ka... , W447 •1 -4.1!11 .4111‘:: r 1nr,:f• ▪ of 71'0000 . an III.. o:7 ..!st tl:.rr' :.i a n"ith 7161: ;i1" f.tet ZG SC nortn 1,1-21 !.14 ▪ aLa1.9 ';h0 thA ,nvIA CIt 1"3-1.21•, on , !11A IoN(Ir.f.7 u41-h 11',erd* -• 4 • ,-� • - ' _•..,� w ", • ea frAln-ria• AL ins aeut;:weet corner—or. -s`.]:: ?1 r.c..- . .'.. .... chu ae,ith one-:jt.arter corner gw=than 61'10'0i' oast) therms. north 44a2;'22' east for a *latencs of d.i:,ai Ea;: to e. point on the northerly boundary of the Pacific Collet Railroad right-of-t':y aµ shown on the main line right-of-way and Trent Men, Pacific -Coal: l•ilreed. Shoot 5 of 11, Volume 2 Waehingtof:; ,.a-:ore c t trim tk._1c;'9ton Northern Railroad, maid poi:t alto beeio4 on the .vn.::^..;.•.ly boundary of the Plat of Carlinyten, according to the Ala'.: "iz-ra:•: recorded in Voiurao It of Plats, page 7, roonrdna under !sinter 473741, in King _aunt{, Nathingtoni Thence north 1014'15" east 547.04 :ear to a point ',an the sat•".arty lime of the northerly portion of that certain -erect of leash ..'+','•� to the City of Renton by deed recorded under King Co:'.*.ty •?.ecenner.'e !ember 8208110369 and the true point of beginning) "..: co north 32'S7'51` oast 147.40 fiat along meld teatorty line to Le) the northwest corner of 1ot R. City or Ren''nn Lot i.ir:e h.:;ustsene hx umber 014-86 es rcccrded under King C.ounty Renor ar'c :•teeber M4 a703169002) thence north 0C"Z9'7f.9' lac. _2n.30 felt elan.,( t.,r, r:.rth a .i ; is • point on the canierttne of a -,-Acate_i S' 1, acid plot of ftrlingtcn; 1cnco sauth•1L°2l'39" west 26.29 feat along Tad ,^art?eset corner of vacated S.W. 4th riot. . Cr: 'k ntjn Ordt:lence No. 3650; hence south e9`30.02' cast 90.63 feet aEer.7 the 452: :inn r.!: .cif: vacated S.W. 4th Place lied along t::e new i.ot line between rota .1 ate•+. city ,.,:' Renton :Lot. Line } 'ustaent ih:,Tbea rdnr w.ng County Recorofte s Number 37C316900.. thence south 45'27'51" .:et 176.21 feet along sold new _: t. :i::a an.' ,-long the how lot like between let= ), and B, City of ?nnton Lct °.:.n:v ad'ostment Number 017•.86 ea recorded hinder 41::g County ?recorder a 'humber 8703165,004; thence: south 75'27'51' vast 70.GJ feat along maid nsu lot line; theme north 79"0S'02" west 69.72 feet along ea. net lot line to r ' Point on the easterly line of the northerly portion :.f [het certain :tract of land conveyed to the City of Renton by deed recorded under tine County Recorder's Number 8208110369 and a point ore a curve, the radial bearing of which extends south 79.05'022` east 270.01 feet: thence along said easterly line end along the arc of thie curve to the right through a central sagls cf 22'02'52% an arc thrtanca co' :.03.3C feet to the true point of beplr.ning. . ,..+ >_. _ '.T v.. lei► 'ARCK1, I 1; That portion of the southwest quarter of Section 18, Township 23 North. Range S Kist, M.M., in King County, Washington, described as follows; • . Commencinq ct the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89610'04* east; thence north 44°26'22' east for a distance of 831.54 feet to a point on the-northerly boundary of the Pacific Coast Railroad right-of-way yes shown on the main line right-of-way and Track Map, Pacific Coast • .Railroad, Sheet S of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Carlington,.according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; • 04 thence north 76.33'09 east 310.48 feet to a point on the northerly line of the southerly portion of that certain tract of land conveyed • to the City of Renton by deed recorded under King County necorder s Number 6208110369 and the true point of beginning; 41'4 thane north 44°32'096 west 163.85 feet along said northerly line to a Point of curvature the radial bearing of which extends north 45 27'51° east 270.00 feet; thence continuing along said northerly line and along the arc of this curve to the right through a central angle of 5S'27'07' an arc CIO distance of 261..31.feet to a point of non-tangency and the westerly terminus of the new lot line between lots A and B, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County Recorder's Number 8703169004; thence south 79605'026 east 69.73 feet along said new lot line; thence north 75'27'516 east 70.00 feet along said new lot line; thence north 45627'Sl' east 176.21 feet along said new lot line and along the new lot line between lots A and B, City of Renton Lot Line Adjustment Number 015-86 as recorded under King County Recorder's Number 8703169001i thence north 9630'02' west 30.63 feet along said new lot line to a point on the north line of lot 3, block 11, said plat of Earlingtcn; thence ;north 80629'58' east 350.73 feet along the north lino of said block 11, .its easterly production, and the north line of block 10, said plat of Earlington to the northeast corner of the west 10.00 feet of lot 2, said block 10; • thence south 18628'49' west 100.27 feet along the east line of said . west 10.00 feet to the north line of an alley through said block 10, • said alley running parallel with the north lino of said block 10; • thence south 80°29'58' west 61.01 feet along the north line of said alloy to intersect the northerly production of the west line of t.ot 28, said block 10; thence south 18°27'39' west 18.11 feet along said northerly production t. 'he northweet.corner of said lot- 28; thence south 2�'V"38" west 9.06 feet along the westerly production of the lire of said lot 28 to the centerline of an alley through said ..ock 10, said alley running parallel with the west line of said block 10; thence south 18'27'39' vest 16.15 feet along said centerline to intersect the westerly production of the south line of said lot 28; thence south 71632'216 east 109.32 fast along said weaterl' production and along said south line to a point on the westerly line of the easterly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder'. Number 6208110369: thence southerly and t!estsrly along said westerly line and ■iong the northerly line of the southerly portion of said tract the following courses, south 29656'06' west 65.73 feet to a point of curvataaro the radial bearing of which extends south 60'03'54" east 330.00 feet; thence along the arc of this curve to the left through a central angle of 59•50'14" en arc distance of 344.64 feet to • point of tangency; thence south 29'54'06" east 57.11 feet to a point of curvature the radial bearing of which extends south 60'05'S2' wait 20.0C feet; thence along the arc of this curve to the right through a central - - angle of 301'32'33" an arc distance of 35.44 feet to a point of compound curvature the radial bearing of which extends north 18'21'SS" west 270.00 feet; . illarramo, _ _ reureglelord. - • . - - . . . • . . .. % • - • , - • • ..1;14:rtInV • :1r:1 ..o.-.-tor of '-,o‘cloo lZ. • .. 'A , ' A a ,.i17.t.sr * fo*t tt 'L f.:ntharly Couodary ot' the Cnait Railroad Piont-.4f as . oh r$7.1.4 4tin Traoo M . -I of 11, Volu.so a - waaolneiton. Racords oZ rna .arm Aallroad. zaid p-Int r. so boing on thy .outtolLy stet of E,rlingtOn, t's the pla4: • —rda‘ n . ityco7Jimg • ;.inniv,smt%; 1,vo , yon • :7'3151. eait r-t,t AutO c:.1.Aar at laZ A, i.AJZ A74 Xn1 P.-cordsee Number Yf,1., of .oru:o rhnsiLuing a)o.,4 a:441%37i, th4 int.:04,Mq ,:t1U7,96A: 37•37.11' ;ant t. a point ol : ' rue the racial o! eleich • ' . ic 4'0 CO f:larl . :11:h13 tma curve to (..tt —couch a .:inr-a! an 4Cr: iintonce hi Seat to e polut noreh 16'27.31 'a 2. 're: nt of corvneure 4aaring of whicn cotonds south 71—.z2'00" sant ao.00 tecc: tenct tiorg the o...v Chia curve ro tho right tnrougu a central oZ 64•17'58" am arc distance of. 13.0 foot to tIe southerly : -oL-wpF lino of S'in.ot qoulova::: (State !toad t4o. t) and a oo)nt - radial beartn1 oC .tro:snds north 07'14'1)- wee.. isot. - —no* alomg sati southorly right-of-way lie and along tha arc of ,i* curve to rho loft (44:rough a central angle of 03455.14" au *cc fest to a point or. nontangencY 1.4i the centarline .: 4 v.catzd thiloi.4h block 8, eaid plat o: t:srlinoton: lt,:ca'tn 1;3'2129' wsat 112.83 stet alcr.7 salc coNtarline tn the cornat of lot A, City nf Renton Lot Line Adluatment Number rector:Jed under Xing Covnti Racrder's liv.nner 0".7.9'58' wont 133.30 Scot ce;:%,2 ono aoctn lino of :Jain to the Esolut oZ beginning; - Tct.- , - 41i that portion oZ this yowthwest cvarter o! Section . 4nrth, ?angle 3 East, W.M., tn Kin? Covnty nqtors, damt-ritel fellow*: . • - •- ' '.:4ditailitaiMahliaoll--1"""ft=disaWiaWrAig4saliganagiriatilleautailasMo' ---` - _-- - - .. --- - --•--- _: ---'ter...,_-- - _ �- - - - __ _ Commencing at the soy `hweet corner of said Section 16. from !.+:icn the south ono-auartec corner of said Section 14 beers south 89'10'04" east; thence north 44'25'22' east for a distance of 831.54 feet r.c a point on the northerly boundary of the Pacific Coast Railroad right-of-way ae shown on the main right-of-wry Aral ';rack Map, Pacific Coast Rallroso. Sheet S of 11, Volume 2 - weehington, Records of tn. Eurlingten Northern Railroad, said point also being on the southerly boundary of the Plat of !Arington, according to the plat thereof recorded in Volume 14 of Plate, pegs 7, recorded under Recording Number 433749, records of King County, Washington; thence north 07.24'23" eaat 464.07 feet; thence north 71.32'09" west 135.00 feet; thence north 23.12'38' west 129.26 feat to the northeast corner of lot 21, i.lock 12, said plat of Earlington; thence north 18.27'19' east 200.Si•faet along the northerly production of the east line of said lot 21 to the southerly ' right-or-way line of Sunset Boulevard (State Road No. 2); 1. thence north 88.27'36` east 127.73 feet along said southerly right-of-wry line to the east line of lot 24, blcck 7, said plat of farlirgton; q thence south 10.27'29` weer 9/.9S feet along said seat line and its 1P4 southerly production to the centerline of vacated S.W. 4th Place; t„ thence south 71.38'13" east 40.01 feet along said centerline to the 44 westerly terminus of the new lot line between lots A end B , City of Renton Lot Line Adjustment Number 316-86 as recorded under King County Recording Number 8703169003 and the true point of beginning; thence north 13.27'31* act 112.47 fest e1..1g the southerly production of the east line of lot 25, block 7, amid plat Sarlington,and along said east Line to the southerly right-of-way line of Sunset Boulevard (State Road No. 2); thence north 88.27'37" east C0.80 test along sa.'.d southerly right-of-way line to a point on a curve the radial bearing of which extends north 01.32'23" west 1482.39 feet; thence along *aid southerly right-of-way line and along tho arc of this curve to the left through a central angle of 00°55'24", an arc distance of 23.89 feet to the westerly line of the.northarly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recordes Number 8208110369 and • point of reverse curvature the redial bearing of which extend. south • 02.27'47' east 30.00 feet; thence along said westerly line and along the arc of this curve to the right through a central angle of 110.55'38* nn arc distance of 58.08 feet to a point of tangency; thence south 18.27'51" west 12.07 feet along said westerly line to e point of curvature the radial bearing of which extends north 71.32'09' west 370.00 feet; thence along said westerly line and along the arc of this curie to the right ti;rough a central angle of 14':^'00" on arc distance of 93.64 feat to the easterly terminus of the new lot line between lots A and B, . ''y of Renton Lot Line Adjustment Number 016-CC. as recorde1 a„.•' King County Recording Number 8703169003: then,. •art% 76'13'16" west 108.60 feet along said new lot line to the true ,.int of beginning; AND TOGETHER WITH those portions of the southwest quarter of Section 18, Township 23 North, Range S East, M.M., in King County, Washington, and of the southeast quarter of Section 13. l'own■hip 23 Notch, Range 4 East, N.M., in King County, Washington, described as follows: Coomencing at the southwest corner of said Section 10, from which the south one-quarter corner of said Section 1R bears south 89'10'04. east; thence north 4.. 21'22" east for a distance of 831.54 feet to a point on the northerly boundary of the Psci:ic Coast Railroad right-of-way as shown on the main line right of way and Tract Map, Pacific Coast ksllroao, Sheet S of 11, Volume 2 - Washington, Records of the . Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording ,4uebsr 433749, in K1n County, Washington; thcrce north 71'29'123 vast 131.36 fag_ arc^; '•I^ `^"th"rly boundary to the southwest corner of Sunpointe Condo.'inlua, Phase I as recorded in Volume 64 of Condominium•, pages 75 th•-ougn 85 under King County Recorder's Number 0307200969 and the true pint o: beginnin7; 1 greet'' - d f�,7; u»rs *y� 'F y ,1 . ,tr �� ` �i • .•.f; � y�� '! ' �-.- � +. °,.cw�xw•n •pwr 4�1? ''7e ;o�`•M" "d' liw rvx +i«xi.xA- °'"�a: �•� ,.s: .oroXSi9c�r1'5,"'X • ..u.!„ !., A�-,. ,. than_• talon? the vsat line of said Condominium th4 following courses, north 18'27 51" *set 91.76 feet; thence north 41'27'51' oast 75.00 fast; thence north 1$'27'31' east 130.00 feat to the southerly line of the west•-1y portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Rccorde•-'■ Number 6208110369i thence along said southerly line the following courses. north 71'31 09' west 25.00 feet to a point of curvature the tadiai bearing of whPch extends south 18'27'31* want 45.00 feet; thence a1,ng the arc of this curve to the Taft. through a central angle of 33 33'26' • distance of 26.36 feet to a point of reverse curvature the radial bearing of which extends north 15'05'35' wwit 45.00 feet) thence along the arc of this curve to the right through • central angle of 161'46'40' an arc distance of 127.05 feet to the southeasterly terminus of the new lot line between lots A and a, City of Renton Lot Line Adjuetm•nt Number Ole-86 as recorded under King County Rscorder'a Number 8703169003' r. thence north 33'10'55" west :.9.88 fee:' along said now lot line to the centerline of vacated rarlincton Avenue 3.W.; thence north 18'27'03" east 159.27 feat along said centerline to its Intersection with the routherly line of an alley th.^vgh block• 12 r'f and 13, said plat of tarlington; thence north 71'34'15" west 215.66 fret along said southerly line to .u4 the southerly right-of-way line of Sunset Boulevard (Stare Aced Ho. 2i and a point on • curve the radial bearing of which extends north CD S 26'21' east 1502.39 feet, thence along said southerly right-of-way line and along the sr- of this curve to the right through a central angle of 7'59'25" an arc ao distance of 2U9.52 lest; thence south 18'27'31" west 260.00 feet; thence south 89'27'51" west 70.00 fart; thence south 18'27'31" west 154.00 feet; thence south 52°32'09' east 70.00 feet; thence south 18'27'51" vast 58.11 feet to the northerly boundary of said Pacific Coast Railroad right-of-way; thence south 71'29'16" east 558.15 fret along raid ro.therly- right-of-way boundary to the true point of brginninq. • Q y r •+. «tti9t' M ' '. C yV r}i!1 v�M�ll • c s1 ' y •'4 • a 'e • � :"i,�q .',• ' • EXHIBIT B PERMITTED ENCUMBRANCES 1. Easement, and the terms and conditions '.hereof, to Pacific Northwest Bell Telephone Company, a Washington corpora- tion, as grantee; recorded September 10, 1981; recording number ;l 8109100352. ww4 2. Easement, and the terms and Condition' they,,of, to Puget �• Sound Power & Light Company, a Washington corporation, as grantee; m34 recorded December 17, 1981; recording number 8112170535. 3. Easement, and the terms and conditions thereof, to the OD City of Renton, a municipal corporation, as grantee; recorded August 11, 1982; recording number 8208110370 and re-recorded under . recording number 8207140379; for the purpose of roadway and public utilities. 4. Easement, and the terms and conditions thereof, to the City of Renton, a municipal corporation, as grantee; recorded June 9, 1983; recording number 8306090706. 5. Easement, under the terms and conditions thereof, to the City of Fenton, a municipal corporation, as grantee; recorded June 9, 1983; recording number 8306090708. 6. Easement, and the terms and conditions thereof, to the. City of Renton, a municipal corporation, as grantee; recorded June 9, 1983; recording number 8306090709. 7. Easement, and the terms and conditions thereof, to the City of Renton, a municipal corporation, as grantee; recorded February 15, ''85; recording number 8502150595. 8. L. - .lent, and the terms and -conditions thereof, to Chicago, Milwaukee & St. Paul Railway Company, a Wisconsin cor- poration; recorded June 4, 1918; recording number 1218306. 9. Exceptions and reservations contained in the Deed frorr Jones-Thompson Investment Company, a Washington corporation, dated May 25, 1903; recorded May 23, 1910; recording number 684557. 10. Exceptions and reservations contained in the Deed from Jones-Thompson investment Company, a Washington Cocpur•ation, dated October 6, 1925; recorded December 9, 1925; recording number 2110812. -3- EYB • IP �:,r..+r.-•.,wnrtsKaY . 444 A gft N r w Ati ttl: r-tt �: 4+aiw{'idOtL i ,;ILYt.Mil 1 i 1~i. !r,"'!! i. ...tr t_ ' t -rt• rti. 1 r ra.. �•ro 'S c � °' - .. -.�- •�. ,vl_,r-"i 7L1. I.n..�Ii�y�. .... ..Q^,s i...,.�c.E".TL a MN.�a_..... ,.-.J',*,D...'� �!-i e • . ... _. __. _ _ _ _. ..a. EXHIBIT B ?ERMITTED ENCUMBRANCES e and conditions `,hereof, to 1. Easement, and the terms , Pacific Northwest Bell Telephone Company, a Washington co:pora- r. Lion, as grantee; recorded September 10, 1981; recording r,ember 8109100352. 2. Easement, and the terms a.,d condition- thereof, to Puget • £� Sound Power & Light Company, a Washington corporation, ae grantee; eq recorded December 17, 1981; recording number 8112170535. 3. Easement, and the terms and conditions thereof, to the „•• City of Renton., a municipal corporation, as grantee; recorded August 11, 1982; recording number 8208110370 and re-recorded under recording number 8207140379; for the purpose of roadway and public utilities. • 4. Easement, and the terms and conditions thereof, to the City of Renton, a municipal corporation, as grantee; recorded June 9, 1983; recording number 8306090706. 5. Easement, under the terms and conditions thereof, to the City of Renton, a municipal corporation, as grantee; recorded June 9, 1983; recording number 8306090708. 6. Easement, and the terms and conditions thereof, to the City of Renton, a municipal corporation, as grantee; recorded June 9, 1983; recording number 8306090709. 7. Easement, and the terms and conditions thereof, to the City of Renton, a municipal corporation, as grantee; recorded February 15, "n85; recording number 8502150595. 8. Le - .lent, and the terms and -conditions thereof, to Chicago, Milwaukee 6 St. Paul Railway Company, a Wisconsin cor- poration; recorded June 4, 1918; recording number 1218906. 9. Exceptions and reservations contained in the Deed frorr Jones-Thompson Inve3tcrent Company, a Washington corporation, dated May 25, 1903; recorded May 23, 1910; recording number 684557. 10. Exceptions and reservations contained in the Deed from Jones-Thompson investment Company, a Washington corporation, dated October 6, 1925: recorded December 9, 1925; recording number 2110812. ._____............,.... .._-T_—� �..wv..n r+wrt^�/ ✓ _.. ��,.�. J ,,`��.T.,.1 't"rp�;.eHKv yam. '/r om " • . jry" Y iPt5 � 17W T'� 1 ••4--f- .o ••1'4 ..✓ 7.rn* ., _'tafr..a. +Erli:` .+_ ,._ c. . .., 0 .v r� x� !';t:�','U• i` j 1 11. Exceptions and reservations contained in the Deed from Jones-Tho Septemberm17,n 1926 atment recordedAany, a July 12,4a1929�nrecordi recording dated number 2548296. 12. Exceptions and reservations contained in the Deed from Jones-Thompson Investment Company, a Washington corporation, dated March 27, 1917; recorded May 22, 1917; recording number 1136719. 13. Exceptions and reservations contained in the Deed, from August Sound 19755; recorded oAugust 20,as1975; recordings numbered ; Puget 7508200213. 14. Exceptions and reservations contained in the Deed, from .4 0. P. Fitzgerald, Jr. and Louise B. Fitzgerald, husband and wife, of Charleston, Kanawha Company West, dated January 26, 1920; recorded April 9, 1920; recording number 1407894. [[[OD��` 15. General taxes not now payable on matters relating to special assessments and special levies, if any, preceding the same becoming a lien. • l -2- ExB memaiwatisiammitIMINill i • . �r ! ,is, "ft yr Y'+,"9r. ...,k .,> . +&''.M.1'6 * • yR� .• •, ?�'l�t �^«h-. ""sue---- -- -- - - li • RECEREu iillS DAY SEP11 2 iG1H 'al BY THE DIVISION OF Ft`GKIN5 COL i.DIY i1hS cn !i ASSIGNMENT OF RENTS AND LEASES i Vo: CY! 1 CD r. OD WASHINGTON MORTGAGE CORPORATION 1 CD E--+ I C and 3 a� cn 4 SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP 44 Dated as cf September 1, 1919,0q;17 41.17.t? A PECC F ^T.;'fl .++.-.7 ci0 CR`_?.NSI_ This instrument was prepared by: KUTAK ROCK & CAMPBELL i 1650 Farnam Street Omaha, NE 68102 • Attention: Kenneth R. Cook, Esq. 4 5338a cw z.Eey,a r ,-? • \ 1 ASSIGNMENT OF RENTS AND LEASES THIS ASSIGNMENT OF RENTS AND LEASES is dated as of this i first day of September, 1987 by SUNPOINTE ASSOCIATES LIMITED i PARTNERSHIP (''Assignor") , having an address at c/o The Axelrod Company, Suite 2300, 520 Pike Tower, Seattle, Washington 98101, to WASHINGTON MORTGAGE CORPORATION 1 ("Assignee"), having an address at Suite 300, 2720 Third IAvenue, Seattle, Washington 98101. PRELIMINARY STATEMENT Washington State Housing Finance Commission ("Issuer") will issue $18,755,000 of its Multifamily Housing Mortgage i Revenue Note (Sunpointe Apartments Project) Series 1987 (the a 0 "Tax Exempt Note") pursuant to a Lender Loan Agreement and 1 wwl Indenture of Trust among Issuer, America First Tax Exempt Mortgage Fund 2 Limited Partnership ("Fund") and FirsTier w4Bank, National Association, as trustee, dated as of Ch of the Tax September 1, 1987 (the "Indenture") • The proceedsthat certain O Exempt Note will be used by Issuer pursuant to Pa Loan Agreement dated as of September 1, 1987 among Issuer, CO Assignor and Assignee to purchase a loan (the "Project Loan") made by the Assignee to the Assignor for the purpose of financing the costs of acquiring and constructing a • multifamily residential rental development located in Renton, Washington (the "Project") , to be partially occupied by "individuals of low or moderate income" within the meaning of i Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, and to pay certain costs incurred in connection with 1 the issuance of the Tax-Exempt Note. The Project Loan will be evidenced by a promissory note relating to the Project and the Tax Exempt Ncte in the amount of $18,755,000 (the "Developer Note") . i HOW, THEREFORE, in consideration of the foregoing and other +ood and valuable consideration, the receipt and suffi- I c. y. ,- of which are hereby acknowledged, the parties hereto agree as follows: 1. Definitions. Capitalized terms used herein shall i have the respective meanings given them in the Deed of Trust, Security Agreement and Assignment of Rents and Leases dated - as of the same date as this Assignment (the "Deed of Trust") 1 among Assignor, Assignee and the trustee named therein encumbering the real property described on Exhibit A hereto • (the "Property") , unless otherwise defined herein. ,j a 5338a r il ameams•mmwoonummemmm...............011101.6"n 4 • S �1R? . y �R r M , k '. e t d 'r` x, • .`,if•�� , T�r} y, K w, ,.�yl .•�. r iJ'.�✓,>Y y' ,,:.,,,,1-,..^ -•:. P,i0,4 '�� . 'r ,•,.IV ' r' r• ,,Inr•Z:•w. Lt..I ,,,�... T 1 1 A r ?. Assignment; Certain Rights of Assignee. To further i secure the prompt payment and performance of each c:bligation secured by the Deed of Trust, Assignor hereby assigns, trans- fers, conveys and sets over to Assignee all of the Assignor's 1 estate, right, title and interest in, to and under all leases, whether existing on the date hereof or hereafter S entered into (including any extensions, modifications or amendments thereto) relating to the Property, including, without limitation, the leases described on Exhibit B hereto (the "Leases"), together with all rights, powers, privileges, options and other benefits of Assigner as the lessor under the Leases and all the rents, revenues, profits and income from the Trust Estate, including those now due, past due or i to become due. Assignor irrevocably appoints Assignee its ! R true and lawful attorney-in-fact, at the option of Assignee at any time and from time to time, to take possession and control of the Trust Estate, and to demand, receive and i0) enforce payment, to give receipts, releases and satisfaction 3 ® and to sue, in the name of Assignor or Assignee, for all of the rents, revenues, profits and income thereof. It is intended by Assignor and Assignee that this Assignment con- stitutes an absolute assignment and not merely an assignment 1 for additional security. Notwithstanding the foregoing, however, so long as no Event of Default has occurred, Assignor shall have a license 1 to possess and control the Trust Estate and collect and • I receive all rents, revenues, profits and income therefrom as 1 trustee for the benefit of Assignee and Assignor and apply such rents, revenues, profits and income to Operating 1 Expenses and in accordance with Section 3.4 and 3 .5 of the Loan Agreement. • Upon the occurrence of any Event of Default, Assignee . may, at any time without notice, either in person, by agent or : ' a court-appointed receiver, enter upon and take posses- II and control of the Trust Estate, or any part thereof, II ant. in Assignee's or Assignor-s name sue for or otherwise I collect such rents, revenues, profits and income from the x Trust Estate as specified in this Assignment as the same become due and payable, including, but not limited to, rents then due and unpaid. All rents shall immediately upor. occurrence of such Event of Default be held by Assignor as trustee for the benefit of Assignee only. Assignor agrees y, that commencing upon the occurrence of such Event of Default, 1 each tenant of the Trust Estate shall make its rent payable 1 to and pay such rent to Assignee (or Assignee's agents) on 1 Assignee's written demand therefor, delivered to such tenant . personally, by mail, or by delivering such demand to eaci !1 -2-- i 5338a :1 N I _,'1 —::,...i-A:iuu1C:.' ball it?Y► fs_.A;<:01 '9A11(C.4.='.� +:N.:;is.a1S1sL +AA. Li' ...•.-,%Ms` J .....—.....~1. i�7„ _.... eh .,. . - :,,t: ... .i•d1•it,. `1.146.:!Cl ',. . •.�a��+', • ,;;;, Y';`v!„'►,41zigP dS7r. -,•-. • • - ,• • • • ! •, : • ' • • ! '•,•• •!';(7 . . . • !.f• .t; ! ! ,•• • . • ;• r •••,•• • •• •• • c Plc Vt1.1. , Inv t ;•,•(• ,:••: t • . . • •••• l'!••••,.:.:•.:y • '-:.::• e •i••• • ,..un And c.:nrr..); Frust :• , • ! ! • o!if; r!pr •• • • . . ,.• • • r‘r, ri•;, ;:i ';,). • ; ;• , • • ' Lii'.1,M; 1 .."• •• , • ; •!n: . illd : , • • " , • •." •- . ; ' h$: 117:, r': • .•.!t ••" • : •" • • • , 7- E t:. • S .1r; ••,, r. its;I:::tir I. ; •• •, . • ••',:(.71 scek 5L ,,•pO;nt t ; • • ; • • • ; • ••0-, An.siqm,r 's b:each of any t In1.-k•tit L•:.•. •; I• Cr ••.;. r.he All IIr to thL occurfence of J;iy .vent ▪ itd first. t- If ;Jr-1y. ot ot and manAgfr.4 the Tru:-.t. ; id c(; i1,fctir. 1 ▪ Jnts, includ:nq. f.t ' s, prew.!, on CsLite, t az.s.23..:51enf5 -h ,NO CO.SLS Of 6.:,Chcliq:NA awy ! , it4t-lor af; 1,7Itifi01 t v ,,• it; • r • , 110 by f.ht.fi ) ;11r . • .7,ha I 1-1,i•:,‘ Iccess tics •inr! r:•••••,),rh; !, 'I ; 1,,r! 1,k! „ • it! .t-o accotait qn I y cc;11 ! y u•-f!I • .!roe ha fi• - to; I Oh i e Asz;1:1111') , ,Iriy.);qii • or thfough o: inyow, having An ;n,..pre...-.r in thi• ott Ltit .11.i.! by z o,iuorl ot iryIlot ,ind.,n•! by !I •:••(pleb . - ; t' •••feNtleti, I IZC.Attlit, (rim 1.4.! Estut.r.: .11.! iC 1 e•r:, Ii•• oily. AK I r-,CI 1:‘,S31!ti.; •sr.(1 ....nog I FVJ '.fi. i'r is!:t t ,t• r 1!;•.!, ! •• •.!c,c1,Sit t ',.;(•17 I !,+•:.,••7.• • t • • -. . . • •••• • - „. • -• . • ,.,.�..... ...... .- r_........ ... .......r.� mr...7.41111•M..r. - -- • it Assignor to Assignee secured by this Assignment. Such amounts shall be payable upon notice from Assignee to • Assignor requesting payment thereof and s::all bear interest from the date of disbursement at the Late Payment Rate (as E• defined in the Developer Note) . Any entering upon and taking possession and control of the Trust Estate by Assignee or the receiver and any applies- tion of rents, revenues, profits and income as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of Assignee under appli- cable law or provided herein. • CI Assignor hereby represents and agrees that it is the lJ� sole owner of the entire landlord's interest (or tenant's CN1 interest in the case of Leases with respect to which Assigner is the tenant) in all existing Leases and that Assignor has • r4 not executed any prior assignment of said Leases or rents. C7 revenues, profits and income. that Assignor has not per - formed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Assignee from exercising its rights under this Assignment, and that at the time of execution of this Assignment there has been no anticipation or prepayment of any of the rents of the Trust Estate for more than one ( 1) month prior to the due dates of such rents. 3. Certain Agreements of Assignor. Assignor hereby agrees as follows: (a) If any of the Leases provide for a security deposit paid by the tenant thereunder to Assignor, this Assignment shall transfer to the Assignee all of Assignor's right, title and interest in and to such security deposits; provided that, Assignor shall have the right to retain such security deposits so long as no Event of Default shall have occurred; and provided fur�. -r that Assignee shall have no obligation to any ! want with respect to such security ieposits un and until Assignee comes- into actual possession and control thereof; (b) Assignor shall not terminate any Lease (except pursuant to the term.; of such Lease upon a default by the tenant thereunder) , or grant concessions or modify or amend the Leases in any manner whatsoever, without the prior written consent of Assignee; -4- 533Na . •M'; ►1ryi. i ! •y,"A*�.` f/ls.N:„W.:t'e 1:s..'iitiet:«kioyi�Kv lose. ,*44. 1p .. l.Y.•.�'`� l. ��4 K t�,.^,.'S,.. f♦ y �.} ':►i • �V ,S,N�. :�• i+�•.'/�`.y •F ��'w�.yW.. A� :: ,,� ,�} 4•+l,N!r .*r..w+• i .'l �. * w�rnr,-< .{.� S r:+.!. 'cf ,� - ✓,�. • M'v�w�.�-' .:y ir'/ ¢ o.i!♦ i• r'f "7 y�S 1-+i,�4�pWY.+P� Qr ''' ..K}Yw :0' +S .�♦ • t ew •� !�' ' r eJ � j rp r r a -' +-rg ..•-• hr •,ut�.t� 1 .14.0. • N t• .. •dy. k: rZ. .,. • (c) Assignor shall not collect any rent more than one (1) month in advance of the date on which it becomes due under the terms of each Lease; (d) Assignor shall not discount any future accru- ing rent; I (e) Assignor shall not execute any further assign- ! ment of any rent or any interest therein or suffer or permit any such assignment to occur by operation of law; (f) Assignor shall not request, consent to, agree to or accept a subordination of any Lease to any mort- ; gage, deed of trust or other encumbrance, or any other ' lease. now or hereafter affecting any Trust Estate or i any part thereof, or suffer or permit conversion of any Lease to a sublease; I '4 (g) Assignor shall faithfully perform and dis- I CI charge all obligations of the lessor under the Leases, j tCD o and shall give prompt written notice to Assignee of any notice of Assignor's default received from the tenant or any other person and shall furnish Assignee with a complete copy of said notice. Assignor shall appear in 1 and defend, at no cost to Assignee, any action or pro- 1 ceeding arising under or in any manner connected with the Leases. If requested by Assignee, Assignor shall 1 enforce any Lease and all remedies available to Assignor i against the lessee in the case of default under such { Lease by the tenant thereunder; 11 (h) Upon the request of Assignee, Assignor shall promptly provide to Assignee a true and correct copy of Iall existing leases or other occupancy agreements with ! respect to the Trust Estate. All leases or other occu- pancy agreements with respect to the Trust Estate in i effect from time to time shall be deemed included in 1 this Assignment as though originally listed herein, and 1 the respective terms "Lease" and "Leases" as used herein I shall include such ieases or occupancy agreements and t the term "lessee" used herein shall include the lessees or tenants thereunder; and (i) Nothing herein shall be construed to impose 1 any liability or obligation on Assignee under or with respect to the Leases. Assignor shall indemnify and hold Assignee harmless from and against any and all j liabilities, losses and damages which Assignee may incur under the Leases or by reason of this Assignment, and of and from any and all claims and demands whatsoever which -5- 5338a I .. ''.' . '' a A* „ �'t'&i11.4 a s �' r .C4T1J a.il�l`�4.,':''h°. t .� �FJT`d''eje ��':e . .��,'-..�.t�-^ ,..:"ti• '�...}•t\. t-r� � `'. : j '' ..r +..r t.:r''� ti.•t�. ~.r•.,�.;�In .>,'�i .. 7:., . -r.i'•.� �,t.,� n;_ ..,r, .......�..''''...'..'..�.... -''''''' -,.erg ._..s-.•+r - -- ---- - • d 1 , may be asserted •against Ann ignore by tennnn of any alleged obiigat.ens to bo pussteime.l et discharged b;t 1 Assignee ender the Li'ssun ut this Arssttjrunenc. Should 1 Assignee incur any liabilsty, less et damage t.tndet the Leases or under or by r'tenson of thin A ;s ldus a'nt , t Assignor shall immediately upon demand tesnihutne Assignee for the amount thet't-,f together with all c est s and expenses and reasonable .tt tot ss yn' t mei i nt•ut t tet t,y Assignee. All of the totegoind sum shall beat intere,:t 41 until paid at the Late Payment Hite ect forth to the N Developer Note. Any tent collected by Annittnee may In• (v applied by Assignee in itn Ali :etet ion to -:.,t t .,,'I last ..t .4 any such liability, loss, rl.r:attt+, eI .ttm, demon.!, t• . r. expense or fees. O4. Event of Default . The eccut tent e •,t to t•: o .t r. Default under the Deed of Trust shall cee:;t t t tit .r' tvt•nt ••r op Default hereunder. 5. Additional Riq'its and Remedios et A.:nitjuee. 1 t ae Event of Default occurs, Assignee shall have the ► eI iewirnI rights and remedies, all of which are cumel.st ive, in .ttltlit It.n to all other rights and remedies provided uncle[ the Lome Documents, or any other agreement between Asaignot And Assignee, or otherwise available at law et in tiquit i et by ' statute: (a) Assignee shall be deemed to lie the t'tetlttur ut each tenant in respect of any assignments tut !.he bune- fit of creditors and any bankruptcy, arrangement , ruut - ganization, insolvency, dissolution, receivership or 1 other debtor-relief proceedings affecting the tenant • (without obligation on the part of Assignee, hewevt,t , I ;, file timely claims in such proceedings or otherwise pursue creditor 's rights therein) ; and • • (b) Assignee shall have the right to assign Assignee's right, title and interest under this Assign- ment in any of the Leases tc any subsequent holder of the Developer Note or any participating interest therein or to any person acquiring title to the Trust estate „t . any pert thereof through foreclosure or otherw •e. Any subsequent assignee shall have all the rights and powers herein provided to Assignee. 6. Additional Security. Assignee may take or release other security for the payment of the indebtedness secured hereby, may release any party primarily or secondarily liable therefor and may apply any other security held by it to the • -6- 53318a ........—.--- 5.......-. '- -f Ye �.fe �.,uuci.- ,"J.Y. .....,wyn seta-w:f,:C:uS:IM'F:.- _ .-.::. . .• .�t> ..w/ .. ... - . • satisfaction of such indebtedness, without prejudice to any of its rights under this Assignment. 7. Absolute Assignment; Release. The assignment made hereby is an absolute and unconditional assignment of rights only, and not a delegation of duties. The execution and delivery hereof shall not in any way impair or diminish the obligations of Assignor under the provisions of each and every Lease nor shall any of the obligations contained in the Leases be imposed upon Assignee. The assignment contained herein and all rights herein assigned to Assignee shall cease and terminate as to all Leases: (a) upon the payment of all amounts due under the Cir) Note and of all other sums payable under or pursuant to the Deed of Trust; or r4 (b) upon the release of the Trust Estate subject 1 to such Lease from the lien of the Deed of Trust cover- 4.4 ing such Trust Estate pursuant to the provisions of such Deed of Trust. In the event that the assignment contained herein shall so terminate as to any Lease, Assignee shall, upon the writ- ten request of Assignor, deliver to assignor an instrument in recordable form releasing such Lease from this Assignment, and reassigning to Assignor the rights as to such Lease assigned hereby. 1 8. Effect on Rights Under Other Documents. Nothing contained in this Assignment and no act done or omitted by Assignee pursuant to the powers and rights granted it here- under shall be deemed to be a waiver by Assignee of its rights and remedies under the Loan Documents, and this Assignment is made and accepted without prejudice to any of the rig::+-s and remedies possessed by Assignee under the terms of the ,o ,r Documents. The right of Assignee to collect the indeb,.. 'rass secured hereby and to enforce any other security therefor held by it may be exercised by Assignee either prior to, simultaneously with, or subsequent to any action taken by it hereunder. This Assignment is intended to be supplemen- tary to and not in substitution for or in derogation of sny assignment of rents contained in the Deed of Trust or in an, other document. 9. Further Assurances. Assignor hereby agrees that it shall, whenever and as often as it shall be requested to do so by Assignee, execute, acknowledge and deliver, or cause to be executed, acknowledged, and delivered, any and all such further conveyances, approvals, consents, memoranda of the II -7- 5338a • k � ,..� c:.t.•1�34�irp�t_ib-. .fwndiiAA6.aIi ' D'��+ :i�.�h' t .<_ ,.•.`�^ ,��j,. .:.t� 141.(.:}..•y�•�1 � -. J 4i•K'-.; • '�y...,s� •+' �M: .,:,�"-•••-•. 4!'.;r; • subject matter hereof, duplicate originals hereof, and any and all other documents and to do any and all other acts as may by necessary or appropriate to carry out the terms of this Assign- ment. This Assignment or a memorandum hereof may be recorded • by AS:ignnes at any time. 10. No Waiver. A waiver by Assignee of any of its rights hereunder or under the Leases or of a breach of any of the covenants and agreements contained herein to be performed by Assignor shall not be construed as a waiver of such rights in any succeeding instance or of any succeeding breach of the Cr) same or other covenants, agreements, restrictions or condition}s- • 11. Marshalling. Notwithstanding the existence of any other security interest in the Trust Estate held by Assignee r. or by any other party, Assignee shall have the right to aeter- n mine the order in which any of the Trust Estate or a.iy part thereof shall be subjected to the remedies provided herein. Assignee shall have the right to determine the order in which (n any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Assignee and any party who now or hereafter acquires a security interest in any of the Trust Estate and who has actual or constructive notice hereof hereby waives, to the extent permitted by law, any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein. 12. Notices. All notices. demands, requests, consents, approvals or communications required under this Assignment shall be in writing and shall be deemed to have been properly given if sent by overnight courier, postage prepaid, delivered to the parties at the addresses set forth in the first para- graph of this Assignment or to such other addresses as are designated by notice pursuant to this Section. All notices • shall be deemed received when mailed. 13. Counterparts. This Assignment may be executed in two o_ more counterparts and shall be deemed to have become - effective when and only when one or more of such counterparts shall have been signed by or on behalf of each of the parties hereto, although it shall not be necessary that any signets counterpart be signed by or on behalf of each of the part s hereto, and all such counterparts shall be deemed to constitute but one and the same instrument. 14. Governing Law_; Severabil_ity. This Assignment shall be governed by and construed'under the laws of the State of Washington. In case any of the provisions of this Assignment shall at any time be held by a court of competent jurisdiction to be illegal, Invalid, or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this Assignment, and this Assignment -e- 533Ea � ,......_.....s......ww..e.. .m.n.......low;,•,ww.....o..ww/,t.::w.� .s,.w..,•...,.,. ,F4.,..a+.«..,r • ire • h `''•.4�'`•t 41"4 "; • l.,,A#4,,` z++„.ti.t -1^ � M1•.44, , s—sT a tJ ss i ' .Wes ros• r-:,` tl�iiFa'r 'tt l• w �/ :U t. ..,'+ 4•..r_t d, "oc i ��+��FFj�*ilp . . '._ Sid r,N . ... . • - -- - - - -- - - . . ; 1 1 ! chall be construed and enfo-...ced as if all such illegal, tr ....nentorceable provisions had never been iner...o .'. hert.i,. I5. :.!odification This Ass,gnment 71ay not. or te..-m:nated except by writrcr soreemert by tr, .; rlec. • • • .6. r...ImitedObiloatioi. :he prov:sicno ct 3.2, :-... -n :"..nan Agreement are hereby tnco..-poreted :eference and nall limit, accorainly. Assignor , -..r,.i -..- . . 1c. ,i .it,ii.ities uhuer r.ntu :c.,:signment to 7he S.17..a -::-... ..7.t az . : . ..ch provisions were fully cet forth I:erein. . 01 ft.I 17. :..bsignees. The ie•.:7 Asigneer shall , age Corporation and any successor holder ... ::-.Thrs 1,4 N, 7elopnr ! ote, including iirz-..'ier Ear.',-., :tati.!:-n7:.. - - -, -: ...4 ,.,.. I....rill...zee :niher tne Indent-lit::. IJ 4 19. F: rt Parity_S.. tv _interes7.7!. 1A)tvith.-....:.%:1• (: -..rd r, anytn:'ng herein to the contrary, and notwithstanair.g in the appropriate real estate recoran the lle'l -..-.eoted by ch,:s Assignment :nd tne ilen createcl Oy :rent o': :-.ents and :ease:: .7iL7i.. a of September 1, 19;3'7 Ar.si7nor 7* .:-.merica F:rst at: g :?referreo 74c,1ga7.7: E . , az azzlet, ilh.-.. ,1 r-,... int-!restL. •--.: ::...,: .i.'. ,-: . 1,:zignment. wl the date 3.,?7 forth :n tIlt ..:kr.:.- letge7e:: nt:ached hereto and e.'"-.----.,e ns of the .2ate f..rst A5C7* := :r7B7 ASS02:,TF::: 7.,::::T.:::: PAriT!JERSHIP. .170:zeg partnerzni 7 :The A7.%1:-...,d -7.p7i:.y, -i - -:. It- ;eneral partner By 14\(.-jr4A/t , Na" .:.i..1,1411.1.,A.IfffirPA....___ . , ... __ _ , T i tle__e_c..;_taiha• ____ . . .....__ ... . 1 L.! 3:1elter Corporati7.n ..--i Zahaga L.imited, a : •:-.cia: J " . I • :JjeTH 4777--"t.v,re..,4441. ..Ante_elarie.0.. 1 __.... , .......”--, I -.. • ....x.... ....••••••rouaA. 7.41.4" 4*4 sl,..4,.,••...,.!..44...PcrrrMIT,Nrrar7.7=7454-444=4*. ' . . ,. t to . -Trarsow trz,V,,rtfm,p,404404..--,w....W,. '44M47. ! ./IVKAni?-4.71413:r4W4714.f.ei'e: '''' '-r•:'''"*... '''''.''•"•-•-'1"7 "-..,'!7:!'!;--••:`.:.',..-.;,,,r:Y`w'1.:,..tA:.:;‘.;- !.;,!,:r,-,.7:!,''..-,' ..i•-..!:rirt$: . ! ,...i',..!filk.0,117": .i.!:7v)::Avz:,•'.:•! .:1,;•!7....4 . • i41AdANie~kus-,- - WASHINGTON MORTGAGE CORPOR.'TION, a Washington Corporation By ,� ��,-?.—✓ tame ;s _ Title S • icc /-� -c�. r- • STATE OF WASHINGTON ) 1 ) SS. 1 COUNTY OF KING ) i CI i 0 On this the llth day of September, 1987, before me, i the undersigned, a Notary Public in and for said State, n personally appearedALAN L. mum') personally known to me or 1 r4 proved to me on the basis of satisfactory evidence to be the CI person who executed the within instrument as the President o ' ® The Axelrod Company the corporation that executed the within iinstrument on behalf of Sunpointe Associates Limited . t.Q Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and offici •eel. n 111C.--6-6-4-"/�___ Notary Publ - O Fi;;AL SEAL i STATE OF WASHINGTON ) KVERLY A. COOK K;TI RY-ji :STATE OF N.ASti; GTON SS. MY L.,:.6,:Ti.iii EXPIRES: 10.v_;0 i 4 COUNTY OF KING ) t On this the 11th day of September, 1987, before me, the u' -eraigned, a Notary Public in and for said State, p, -,.,n; liy appearedJ. W. BEATTY personally known to me or ! prove : to me on the basis of satisfactory evidence to be the 1 person who executed the within instrument as the Vice Pres.of Shelter Corporation of Canda Limited the corporation that executed the within instrument on behalf of Sunpointe Associates Limited Partnership, the partnership that exe..oted the within instrument, and acknowledged to me that such i corporation executed the same as such partner and that such • partnership executed the same. • 1 WITNESS my hand and offi al eal . _10 att_P-eit. 1 Notary Pu is ' i o:-F;CAL SEAL ' -10- li2VERLY A. COOK k 5338a 1. 11.31t.lci '.;;.:I.,.;SIM OF ViL7,101C.,10t1 I ! MY 7.7t! WAILS: 10.1-',0 1 i „ ................m. .. ,, ..- .,..-..�.'-,: .,.. '. •.t r � t�.. t'd . �t r1,• • i tlre�e� t�r 1 4nl![ 4��,'•:}ti.i ��,y' a .♦y,,.. . 'd .': ki::i 1 -cw. i W.v., �'ltti. T s �'�".,,:r. , t .� % �h, +•y+�l4r Vy. - .��..(`��'. .'Nr tip. . .. - .. � .. ...:,te,.i. ...:: '� •{. -:,�o4uw+»+-lv r. K .r..•L ___ ____ __ ._ _ _ _ _ _. Sial�y�y ))f�w,,��.,�� •.... _______ _ • _ _ ♦' STATE OF WASi1D GICTI ) > )SS. COUNTY OF IQZX3 ) On this the llth day of September, 1987, before me, _ the undersigned, a Notary Public in and for said State, personally appeared PHYLLIS MESSENGER personally known to me . or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant s; Vice President of Washington Mortgage Corporation the corporation that executed the within instrument. WITNESS my hand and official seal. /2- V•-fix- 0 0-7--«C/ Notary Puic K 0(73 'ICiAL :"A1. Q Ri.VcRLY A. CO.JK i� NCTAR1-JLL.JSiAFE OF',5'aS i;flSTO"I ;AK go • mr LA.4.S.i.;,11 EXF!;ES: 10-1•.�'.; 1 - c Al 1 -11- 5338a V. -4. ..............- anranwromram...M......• ••••••••••• •.......,...........)117 • • • ••Y. ,:rrlw-� ft14 .4 i' .. taw .r'tv. t5y'� i .•„.r�t bt't M y nt.4, . i t' • K..:ad :tii•+a :° . ' :t_. .;'.... III iM :wR:%iN4:i't'::e .,:-iY'"•' ). • EXHIBIT A 4 • That portion of the southwest quarter of Section le, Township 1- North, Range S Last. M.M., in King County, Washington, described as follower Commencing at the southwest corner of said Section le, from which the south one-quarter corner of said Section 18 bears south 89.10'04. .zst; thence north 44.25'22. east for a distance of 031.54 feet to n point on they northerly boundary•of the Pacific Coast Railroad right-of-way es shown on the main line right-of-way and Track Map, Pacific Cosset Railroad, Sheet S of 11, Volume 2 - Washington. Records of :lie eurlington Northern Railroad, said point also being on the southerly boundary of the Plat of Larlington, according to Ufa plat thereof cn recorded In lolums 14 of Plats, page 7, recorded under Recording Number 43374ii, in King County, Washington, b7 themes north 39.50'39' west 664.43 feet to a point on the northerly C line of the westerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder's )lusher 8208110369 which is the southeasterly terminus of the new lot lin. between lots A and 8, City of Renton Lot Lino Adjuetoar,t No. On 018-86 as recorded under King County Recording Number 8707169005 aryl the true point of bwginr,ing; thence north 33.18'55' west 69.88 feet along said new lot line to the centerline of vacated !Arlington Avenue S.W.; 30 them* fort:, 18.27'03' east 159.27 feet along said centerline to its intersection with the southerly line of an alley through block. 12 • and 1'3; said Flat of !arlington; thence south 71.34'15' east 310.06 feet along said southerly line to • the northeast corner of lot 21, said block 12; I • thence north 18•27'19. east 200.51 feet along the northerly production of the east line of said lot 21 to the southerly right-of-way line of Sunset Boulevard (Stato Road Nc. 2); thence north 88'27'36* asst. 127.73 feet along said southerly right-of-way line to the east line of lot 24, block 7, said plot of [arlington; • 'thence south 18.27'29" west 97.95 feet along said east lino and its • southerly production to the centerline of vacated S.W. 4th-Piace; • thence south 71'36'13" east 40.01 feet along said centerline to the • ' westerly terminus of the new lot line between lots A and 8. City of Renton L.L.A. No. 016-86 a recorded under Xing County Recorder a Number 8703169003, thence south 76'13'16' east 108.80 feet along the northerly line of said lot 8 to the westerly line of the northerly portion or•th•t .curtain tract of land convoyed to the City of Penton by deed • recorded under Xing Count/ Recorder's Number 8203110369; . • thence southerly along said westerly line and westerly Along the northerly line of the westerly portion of said tract the following coursest south 32•57'51. vest 150.01 fast to a point of curvature, the radial bearing of which extends south 57.02'09' east 330.00 feat; thenCe >long the arc of this curve to the left through • r• %trial angle of 27 17'12", en arc distance of 157.16 feet to a po...t of revere. curvature, the radial bearing of which extends north 84'19'21' west 20.00 feet; thence along the Arc of this curve ,o the right through a central angle of 51 47'12', an arc distance of 28.55 feet to • point of tenancy; ,thenca.south 87"27'.1' west 38.50 feet to a point of curvature, the •radial bearing of which extends north 02"32'09' west 270.00 feet; • thence Along an era of this curve to the right through • central • eagle of 21 00'00., an Arc distance of 96.96 feet to • point of tangency; thence north 71•32'01' vest 253.54 feet to • point of curvature the radial baring of which extends north 18'27'51" out 45.00 fest; therms slang the arc of this curve to the right through a central angle of 33 33'26., 4n arc distance of 26.38 fast to • point of reveres cure+Lure. the radial bearing of which extends south • S2"01'17• vat 44,00 feet; thence aloft the arc of this curve to the left through a central angle of 0S 20'13', an arc distance of 67.02 feet to the true point 'of be.lnnine, imam • e•:real►' ''• ±: .•r Y+ ""T�1- 'i'!�;...i 'f••.-.. r 1`a'}§"1�"7°"e' ''1{7`:, L4:34i11••'i•,4h`• gre. '.w • flit ?4rr, ILtb'444 �• . 7'".: +stay.: s Y � -w+ ��j ri ;.. •.S 7"'�►' y } * ,,. • . • ,k-r •r ` •r t'af`'�,�++r y �� x'+�\'r"�„fy"• tn'�r'��% " Y.? .►!�ti'Jar' 1"iag6ira ,elW ;lA.alj , u.6fa .i - .. -.-' ... - AtfYsR•. r 7xAlw t,.t lr a.r '".. n8 • __ EXHIBIT A 1 ' 1 '' — . ; ?ARM 11. f 1 That portion of the southwest quarter of Section 18, Township 1- 1 Werth, Range S meet, N.M., in Xing County, Washington, described ne t tollowu Commencing at the southwest corner.of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89•10'04' goat; thence north 44•25'22' east for a distance of 031.54 feet to e. point 1 on the northerly boundary•of the Pacific Coast Railroad right-ol-way as shown on the main line right-of-way and Track Map, Pacific Coact Railroad, Sheet S of 11, Volume 2 - Washington. Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to tt's plat thereof on recorded in 'Volume 14 of Plats, page 7, recorded under Recording Number 433744, in Xing County, Washington; tel thence north 39•50'39* west 664.43 feet to a point on the northerly line of the westerly portion of that certain tract of land conveyed gm, ' to the City of Rentoi by deed recorded under King County Recorder's t Number 8208110369 which is the southeasterly terminus of the new lot 184 line between lots A and B, City of Renton Lot Line Adjuetwant No. On 018-86 ■s recorded under King County Recording Number 870;159005 and the true point of beginning; {{{ggg thence north 33•18'55. west 69.88 feet along said new lot line to the centerline of vacated Earlington Avenue S.N.; ® thence nort., 18•27'03. east 159.27 feet along said centerline to its intersection with the southerly line of an alley through block. 12 and 1.3; said plat of Earlington; I thence south 71•34'15" east 310.06 feet along said southerly line to the northeast corner of lot 21, said block 12; I thence north 18•27'19" east 200.51 feet along the northerly production of the east line of said lot 21 to the southerly i right-of-way line of Sunset Boulevard (State Road Nc. 2); '• thence north 88•27'35" alert 127.71 fest along acid southerly ( right-of-way line to the east line of lot 24, block 7, maid plat of Earlington; 'thence south 18•27'29' west 97.95 feet along raid east line and its southerly production to the centerline of vacated S.W. 4th.Pi•ce; thence south 71'36'13. east 40.01 feet along said centerline to the ' westerly terminus of the nee lot line between lots A .and B, City of . Renton L.L.A. No. 016-86 as recorded under King County Rncurder ■ • Number 8703169003, thence south 76.13'16' east 108.80 feet along the northerly line of said lot B to the westerly line of the northerly portion of'that • certain tract of land conveyed to the City of Penton by deed , , 'recorded under Xing County Recorder's Number 8200110369; j thence southerly along said westerly line end westerly along the northerly line of the westerly portion of said tract the following ' courses; south 32•57'S1• vest 150.01 feet to • point of curvature, the radial i bearing of which extends south 57•02'09" east 330.00 fact; thence t1onY the arc of this curve to the left through • c• ,tril tingle of 27 17'12", en src distance of 157.16 feet to a po..,t of reverse curvature, the radial bearing of which extend, north 84•19'21' vest 20.00 feet; thence Along the .,rc of this curve to the right through a central angle of 81 47'12', an arc distance of 26.53 feet to a point cf tangency; ,thence south 87"27'S1" vest 38.50 feet to a point of curvature, the . •radial bearing of which extends north 02"32'09' west 270.00 feet; thence along an am of this curve to the right through • central angle of 21 00'00', an attic distance of 98.96 feet to • point of tkngencyi • thence north 71•12'01" west 253.54 feet to • point cf curvature the radial bearing of which extends north 18'27'S1' east 45.00 feet; theme eleng the arc of this curve to the right through • central angle of 33.32.26., an ere distance of 26.38 feet to a point of ' rewires curvature, the radial bearing of which extends mouth • S2'01'17* went 45,00 feet; thence along the ere of this curve to the left through a central entitle of OS 20'13', an are distance of 67,02 feet to the true point I , 'of beslnnine, . lei.. . e ., • L.r e w i.,. -t,R,. 'arX S;i�'t+iy, T4 R:1 tI it 7 �,... .. .°r:en'�,y, _..�.•r:Y� ,,i s ;+ 1 1- ;-�+a � Ys'. "c '�.� !9 �.,(- y� � ��•..4 n1�� eR ' v: . .t^�..•,{. �7 s rt q, � 1-, ;- rr ,< T- '� �" t 4i.t �S ; /k e.r•..'4,,.r ;t ' -ta'wt Ye'•till 7• Alf".`"!,Y'1r't-4 f ^ +w? +.r+ +.1.... ttd'Rsara4Yss t3;iI'K•4M:'h`,,. 400:814 :.Az._'eh,e 4, �.y.".,.;,rt ah i a ._.__ .,wise, ...,id ill. 14' ila... 4.Z' .*y4 7.i"4"•.,..•' - . '' I,Z`.., TCC[THKR WITA that po:cion of the southwest quarter of Section le, Township,23 North, Range S Kest, M.M., In King County, Washington, d/sezlbed is follows; • ..emenesnQ as NO eoutnwest cornsref'safd section IY, from which the south one-Quarter corner of said Section 18 bears south 89'10'04' east, thence north 44'26'22. east for a distance of 631.54 feet to a point ma the northerly boundary of the Pacific Coast Railroad right-of-way as shown on the main line right-of-wry and Tract Map, Pacific Coast Railroad, Sheet S of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being an the southerly boundary of the Plat of [Arlington, according to the plat thereof recorded in Volume 14 of Plata. page 7, recorded under Recording iitaober 433749, in King County, Washington; thence north 18'14'1S' east 547.09 feet to a point an the easterly • line of the northerly portion of that certain tract of len0 conveyed to the City of Renton by cited recorded under King County Rocorder e Number 8208110369 and the true point of beginning, thence north 12'S7'51' east 147.40 feet along said sisterly line to the northwest corner *Clot 8, City or Renton Lot Line Adjustment Number 014-86 as recorded under King County Recorder's Number 87031690021 0) thence north 60.29'56' east 138.30 feet along the north line of said N lot to a point on the centerline of a vacated alloy through block 8, said plat of Carlington; R1 thence south-18'27'39. west 26.29 feet along said centerline to the northeast corner of vacated S.W. 4th Place, as vacated by City of Renton 0rdinaAce No. 3650; thence south 09•10'02' *act 90.63 feet along the east line of said vacated S.W. 4th Place and along the new lot line between lots A and 0 I, City of Renton Lot Line Adjustment Number 015-86 as recorded r. under King County Recorder's Number 6703169001; (n thence south 4S•27'S1" "vest 176.21 feet along *aid new lot line and along the new lot Line between lots A and 8, City of Renton Lot Line Mjusteent Number 017-86 as recorded under King County Recorder's Number 6703169004; thence. south 75.27'S1' vest 70.00 feet along said new lot line; thence north 79.05'02' vest 69.72 (get along said new lot line to a ' point on the easterly line of the northerly portion of that certain • • tract of land conveyed to the City of Renton by deed recorded under King County Recorder's Number 8208110369 and a point on a curvy, The radial bearing of which extends south 79'05'02* east 270.00 Lest; thence along said easterly line and along the arc of this curvy to the right through a central anal• of 22 02'53', an arc distance of t 103.90 feet to the true point of beginning. I , raw • I I ...., -.:.. 'Y r� , -..Mt r+y 7 �L,o "►.i• • _ w ♦ • •vt +mot• -.. ' '+ •.r • txf4d•''e.rt 4.'.' .w v,"M ;s`i .y7'e.rh'"ae " . w7- ,`s JZ fl i i }t . a�M►.. + i•- ^� .-. b. . ''r ,,�,- +Ck^'l�rtt }.{ .. ,.e�:1' r t-.. :T�iT, ,�.y 3: • , .r t ' i i ' • ' That portion of the southwest quarter of Section 18, Township 23 North, Range S test, M.M., in King County, Washington, described as fellows.- Commencing at the southwest corner of said Section 18, frcm which the south one-Quarter corner of said Section 1• bears south 89'10'04' east; tl..4e0 north 44'25'22' east for • distance of 831.54 feet to • point 17 on the northerly boundary of the Pacific Coast Railroad right-of-wcl k ...as shown on the main line right-of-way and Track Map, Pacific Coast t Railroad, Sheet 8 of 11, Volume 2 - Washington, Records of the t $urlington Northern Railroad, said point also being on the southerly boundary of the Plat of tarlington,.according to the plat thereof recorded in Volume 14 of Plats. page 7, recorded under Recording Number 433749, in King County, Washington; . thence north 76'33'09 east 310.48 feet to a point on the northerly line of the southerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under Ring County Recorder s f VI Number 8208110369 and the true point of beginning; to thence north 44°32'09' west 163.85 feet along said northerly line to eol a point of curvature the radial bearing of which ea.tand3 north E" 45•27'S1' east 270.00 feet; 904 thence continuing along said northerly line and along the arc of this curve to the right through a central angle of 55°27'07" an arc f Cr, distance of 261.,31feet to a point of non-tangency and the westerly t terminus of the nee lot line between lots A and 8, City of Renton r- Lot Line Adjustment Number 017-86 as recorded under King County 00 Recorder's Number 8703169004) i thence south 79'0S'02' east 69.73 feet along said new lot line; thence north 73°27'S1" east 70.00 feet along said new lot line) l chance north 45'27'5l" east 178.21 feet along said new lot line and along the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 015-86 as recorded under King County Recorder's k Number 8703169001; } thence north 9'30'02' west 30.63 feet along said new lot line to a point on the north line of lot 3, block 11, said plat of Larlini,ton, { thence north 80'29'58• east 350.73 feet along the north line of said i block 11,.its easterly production, and the north line of block 10, said plat of tarlington to the northeast corner or; the west 10.00 F feet of lot 2, said block 10) • i thence south 18'28'49' west 100.27 feet along the east line of said vest 10.00 feet to the north line of an alley through said block 10, 1. • said alley running parallel with the north line of said block 10) : thence south 80'2Y,s8' west 61.01 feet along the north line of said , alley to intersect the northerly production of the west line of lot 28, said block 10) thence south 18'27'39" vest 18.11 feet along said northerly production to the northwest.corner of said lot 28) thence south 80'2f05e" west 9.06 fast along the westerly production of the north i. 1 of said lot 28 to the centerline of an alley through said ►,lo.% 10, said alley running parallel with the west line of sal.. ''ir;k 10) . thence south lu'27'39' west 16.15 feet along said centerline to int t the westerly production of the south line of said lot 28) thence south 71'32'21 east 109.32 feet along said weater19 production and along said south line to • point on the westerly line of the easterly portion of that certain tract of land conveyed to tI the City of Renton by deed recorded under King County Recorder's Number 820811036e) thence southerly and westerly along said westerly line and along the northerly line of the southerly portion of said tract the following courses. south 29'56'06' west 85.73 fest to a point of curvature the radial bearing of which extends south 60'03'54" east 330.00 feat) thence along the arc of this curve tr the left through a central angle of 39 10'14' an aro distance of 344.64 feet to a point of tangency; thence south 29654'08' east 57.11 fest to a point of curvature the radial bearing of which saran-is south 60'03'S2' vest 20.00 feet; ( thence slang the arc of this curve to the right through a central I 1 -angle of 101a32'13' an arc distance of 35.44 feat to a point of compound curvature the radial bearing of which extends north 19'21'5S" vast 270,00 feet; ». .. 10..~........, t r 4 I a. , ' • � R±N • � ' - ' - J. ..'tint: ��i'w."+, . •. :6r.44 -1, . iu+:r1. >a'.' aN * ,.4: ,M, .°. r.. . i.wi ... . ._ . begs+.-..s,c&..wv.•-... ___. thence along the arc of this curve to the right through • central 1 angle of 26 49'46' an arc distance of 126.43 feet to • point o: tangeoCt; point of ture the thence north 81'72'09' vest 105.25 feet to a p; ntso 2eurvecurve70.00 fret; radial bearing it which extends north r)6 27 51 Chimes along the arc of this curve to the right through a central angle of 37 00'00' an era distance of 174.36 feet to the true point { of bsginningl 't C T t* WITH that portion of the southwest quarter of Section 18, { Township 22 North, Rapti, : Last, M.M., in King County, Washington, i described as follows, Commencing at the southwest corner of said Section 18, from which 1 the scuts one-quarter corner of said Section 18 beers south S9'10'04' east, thence north 44'251114 ins! for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad Right-of-Way as sown on the asin line right-of-way and Tract Map, Pacific Coast I Railroad, Sheet S of 11, Volume 2 - Washington, Records of the $urlingten Northern Railroad, said point also being on the southerly boundary of the Flat of Larlington, according to the plat thereof 1 recorded in Volume 14 of fiats, page 7, recorded under Recording ' Ph Number 433749 in King County, Washington, , thence north 16'14.15" east 547.09 feet to a point on the easterly line of the northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder's 1 Number 8208110369; r. thence north 22'57'51' east 147.40 feet along said easterly line to I, ri the southwest corner of lot A, City of Renton Lot Line Adjuatasnt Number 014-86 as recorded under King County Recorder's Number 8703169002•and the true point of beginning; i d thence continuing along said easterly line the following courses, 1 N north 32'57'51* east 2.60 feet to • point of curvature the radial Q bearing of which *stands north 57.02'09" west 430.00 last, 1 thence along the arc of this curve to the left through s central angle of 14°30'00" an arc distance of 108.82 feet to a point of tangency; i thence north 18'27'Sl' east 52.90 feet to a point of curvature the j radial bearing of which extends south 71.32'09" east 30.00 feet, 1 i thence along the arc of this curve to the right through a central i angle of 64 17'58' an arc distance of 33.67 feet to the southerly right-of-way line of Sunset Boulevard (State Road No. 2) and a point i on • curve the radial bearing of which extends north 07'14'11" west i 1492.39 feet; , thence along said southerly right-of-way ling and along the arc of I this curve to the left through a central angle of 03'56.14" an arc distance of 102.55 feet to • point of nontangency on the centerline of a vacated alley through block 8, said plat of Larlington; • thence south 18'27'19" vest 172.86 feet along said centerline to the southeast corner of lot A, City of Renton Lot Line Adjustment Number I 014-86 as recorded under Xing County Recorder's Number 8703169002; thence south 80°29'58' west 138.30 feat along the south line of said lot A to the true point of beginning; 1 1 AND TOCLTR!R WIT): ''h,: portion of the southwest quarter of Section I 18, Township 2., 'rt', Range S Last, N.M., in Xing County, Washington, descri_..i as follows' I 1 i i I . I I 4;044_ ''' f e tR fOtx'd-.",t iNY gK.V., ,r444-,, e. .......,.y o 01..1.^: ,•, . ,1-4-, . + .0 v , 'C.4?y is'ai ,., , 1 ' 7 1 . Commyncinq at the oouthwest corner of said Section 16, from which the south one-quarter corner of said Section 18 bears south 119•10104a east; 1 thence north 44e25'2211 east for • distance of 831.54 feet to a point • on the northerly boundary of the Pacific Comet Railroad right-of-way es shown on the main right-of-way and Track Map, Pacific Coast Railroad, Shoot S of 11, Volume 2 - Washington, Records of the ti Nurlingten Northern Railroad, said point also being an the southerly boundary of the Plat of Larington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording !Amber 433749, records of King County, Washington; thence north 07624'23' east 464.07 feet; thence north 71a32'09' west 135.00 feet; thence north 23'22'38' west 129.26 feet to the northeast corner of lot 21. block li, said plat of Larlington; , thence north 18.27'19" east 200.51'•feet along the northerly production of the east line of said lot 21 to the southerly • right-of-way line of Sunset Boulevard (State Road No. 2); thence north 88•27'36" east 127.73 feet along said southerly right-of-way line to the east line of lot 24, block 7, said plat of Zarlington; thence south 18•27'294 west 97.95 feet along said coot line and its CI southerly production to the centerline of vacated S.W. 4th Place; thence south 71'36'13' east 40.01 feet along said centerline to the =_Z westerly terminus of the nowlot line between lots A and a City of Renton Lot Line Adjustment Number 016-86 as recorded under King County Recording Number 0703169003 and the true point of beginning; i� thence north 10.27.31. east 112.47 feet along the southerly !� production of the east line of lot 25, block 7, said plat of tarlington,and along said east line to the southerly right-of-way 0 line of Sunset Boulevard (State Road No. 2), r- thence north 88•27'374 east 60.00 feet along said southerly cm right-of-way line to a point on a curve the radial bearing of which extends north 01°32'23' west 1482.39 feet; thence along Bald southerly right-of-way line and along the arc of this curve to the left through • central angle of 00.55'24', an arc distance of 23.81 fest to the wosteely line of the.northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder's Number 8208110369 and a point of reverse curvature the radial bearing of which extends south 02'27'47' east 30.00 feet; thence along said westerly line and along the arc of this curve to the right through • central angle of 110'53'38' an arc distance of 58.0e feet to a point of tangency; thence south 18•27'51" west 12.07 feet along said westerly line to • point of curvature the radial bearing of which extends north 71'32'094 west 370.00 feet; thence along said westerly line and along the arc of this curve to the right through a central angle of 14'30'00" an arc distance of 93.64 feet to the easterly terminus of the new lot line betwee,l lots A and 5, City of Renton Lot Line Adjustment Number 016-86 as records, ''nder King Co:roty Recording Number 8703169003; thence ra-'h 76.13 16' west 108.80 feet along said new lot line to the '-..A pant of beginning; ARO TOGETHER WITH those portions of the southwest quarter of Section 18, Township 23 North, Range S East, W.M., in King County, Washington, and of the eoutheaet quarter of Section 13, Township 23 North, Range 4 Kest, W.M., in King County, Washington, described as follows, Comsencinq at the southwest corner of said Section 16, from which the south one-Quarter corner of said Section le bears south 89'10'04' east; thanes north 44'23'22' east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad right-of-way as shown on the main line right of way and Tract Map. Pacific Coast Railroad, Sheet 8 of 11. Volumc I - Washington, Records of the . Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of [Arlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 7l'29'12 west 484.56 feat along said southerly boundary to the southwest corner of Sunpointe Condominium, Phase L • as recorded in Volume 64 of Conooniniuss, pages 75 through IS under King County Recorder's Number 8307200569 and the true point of beginning; • 11 1 • ,"'I ' :1:•e '.. i'M?' i' �` .',l ` :040 • -4: .4‘..:. • it x4.. -.. .. .7,.J . St a. ! 4T r.' :.h;_ • thence *long no west line of said Condominium' the following courses' north 16'27 Ste east 91.76 feet; thence north 41'27'31' east 73.00 fest; e Westerly portion f thence north 2ofS1 that•certain st Otract 0 tet land conveyed to the ytoith neeCitty of Renton by Geed recorded under King County Recorder's Number 62061103641 1 these. along said southerly line the following courses' 1 north 71633 06' west 35.00 feet to a point of curvature the radial 1 bearing of which extends south 16'27'S1' west 45.00 feet; thanes alonq the aro of this curve to the left throug afh a centrale •ngla t: 33 33'26' • distance of 26.36 feet to a point i curvature the radial bearing of which extends north 1S'0S'3S' vest 1 43.00 feet;i thence along curves a angleof161'6'40"oanfarcldistanc of 127.06hfeet ogthe central southeasterly terminus of the new lot line between lots A and 6, City if Renton Lot Line Adjustment Number 016-66 as recorded under Ring County Recorder's Number 67031690033 thence north 33'16'SS' west 69.64 feet along said new•lot line to the centerline of vacated Earlington Avenue 6.M.1 thence north 16'27'03" east 159.27 feet along said centerline to its I intersection with the southerly line of an alley through blocks 12 and 13. said plat of Earlington; CI thence north 71'34'13' west 215.66 feet along said southerly line to y the southerly right-of-way line of Sunset Boulevard (State Road No. CV 3i and • point on a curve the radial bearing of which extends north S 36'21' east 1302.39 feet; thence along said southerly right-of-way line and along the arc of this curve to th right through a central angle of 7'69'25' an arc g.4 distanos of 209.52 feet; CI thence south 16'27'41' west 260.00 feet; ® thence south 69°27'S1" west 70.00 feet; i r. thence south 11027'51' vast 154.00 feet; thence south 52'32'09" east 70.00 feet; thence south 16'17'S1" vast 58.11 feet to the northerly boundary of said Pacific Coact Railroad right-of-ways thence south 71'I9'16' east 558.1S feet along said northerly right-of-way boundary to the true point of beginning. - 1 • t 1 1 • • I I i I • • i i• ! t . i e• a4 .I T i1! 'k« :�y.l•.Jfl cr�' ".71Ytr�'"��i M. , T>F . r r L. �•n•,h >•l W d k. W a-N• r .1". •; ' s'j'viyIfiy.K+t"-4•.M} •*. ••:1.••4••..•,It••• • �' J y., (+l+�nR'iticxi�4;:w:..-a:Oir tk.l.i^Kt... w 1 a t 7y'-� , ,t ra•. • �•"" ty 1++ •.r �r . t Y ..;o�i: Tr.• r . J-:wdt .Ki Q.I.L•. sE- �.... ...'-Y Tt ii•... "`!r.«,a:.^'er.a+'7.-, Nr .J,•� ..s _., .... d: �.Y. . 1►...a�:a%rr .•:• ... S .`s•.. . i Ithence along) the west line of said Condominium the following courses' ' north 18'27 31' east ♦1.76 feet; thence north 41'27'51' east 73.00 feet; thence north 18'27'51' east 130.00 feet to the southerly line of the westerly portion of that certain tract of land conveyed to the City •l Renton by deed recorded under Ring County Recorder's Number 1 8208110369i theme along said southerly line the following counsel 1 north 71'33 09' vest 23.00 feet to s point of curvature the radial bearing el which extends south 18'27'51' west 45.00 feet; thence along the arc of this curve to the left through a central viols c. 33 33'26' a distance of 26.36 feet to a point of reverse 1 curvature the radial besting of which extends north 15'05'35' west i 43.00 feet; their along the arc of , this curve to the right through a central angle of 161'46'40' an arc distance of 127.06 feet to the southeasterly terminus of the new lot line between lots A and 8. City of Renton Lot Line Adjustment Number 018-66 as recorded under Ring County Recorder's Number 8703169005; thence north 33'16'SS' west 69.88 feet along said new,lot line to the centerline of vacated tarlington Avenue 6.w.; thence north 18'27'03' east 159.27 feet along said centerline to its intersection with the southerly line of an alley through blocks 12 and 13. said plat of 6arlington; thence north 71'34'13' west 215.66 feet along said southerly line to 0 the southerly right-of-way line of Sunset 3oulevard (State Road No. CV 2j and a point on • curve the radial bearing of which extends north PiS 26'21' east 1502.39 feet; thence along said southerly right-of-way line and along the arc of this curve to the right through a central angle of 7'59'25' an arc 614 distanae.of 209.52 feet; thence south 16'27'41" west 260.00 feet; ® thence south 89'27'51' vest 70.00 feet; N thence south 18°27'51' vast 154.00 feet; OD thence south 52°32'09' east 70.00 feet; thence south 18'27'S1' vest 58.11 feet to the northerly boundary of said Pacific Coast Railroad right-of-ways thence south 71'29'16' east 558.15 feet along said northerly right-of-way boundary to the true point of beginning. - • 1.- __.- •••••••••sarmixemasavrimarwmismilmislioto.....s { • r 1 .1 - iiIIIII -.: '� •M, e >,p, •v.y.,.,...., !Iti `v F„�„►?. •.a, X.s�,v34.*...�.'N' r• •rw..n ;'i. .1" ' h 1• �''� .M: „, 'j.: •� .J: , .r*t,.. .4 r.•,.:ti4-. 7 a }-.." ri.1..s•',.1 •t.F.� "kk [11a'yr --— — - y._ • • 1{� • EXHIBIT B LEASES None existing as of the date hereof. ' - I • iri C C 5338a ust.M1wy • f � A,� •.:..'�. .r _ ! = . �.V y r5 r*A taj 11�1'n .:'Y.w'•;�� 2 wYrk '�Y i . -- I • •..�' .y. • 30!" �. �� • L r �� :.-:� •�411'S..;'% ywy ,Ie.,' .pi, I.�•rli�},1 f•c i � .•w MhV I.. i $ e-r-r-, ,.. .„. .. ,. . .. • .t :. .. r:: REGULATORY AGREEMENT k- by and between 1` 0 Washington State Housing Finance Commission (Commission) Y, '4 D. and Cr)004 Sunpointe Associates Limited rartnership, • (Developer) • Dated as of September 1, 1987. xi_ an SOT m v o m en WASHINGTON STATE HOUSING FINANCE COMMISSION�`,"„p N MULTIFAMILY HOUSING MORTGAGE REVENUE NOTE c .. cy A ,^ (Sunpointe Apartments Project) Series 1987 '= a� -.. c O CZ -fit .v • i. 87/09/17 01.261 A RECD F 45,0,-• CASHSL ***45.00 55 •. f. i f?E; REGULATORY AGREEMENT • TABLE OF CONTENTS (This Table of Contents is for convenience of reference and is not part of the Regulatory Agreement) . ., Page NParties 1 Section 1. Definitions 1 Section 2. Residential Rental Property 3 0)CD Section 3. Qualified Tenants 5 Section 4. Submittal of Forms 6 Section 5. No Discrimination 6 Section 6. Covenants Run With the Land; Term 6 Section 7. Sale or Disposition of the Project 7 Section 8. Uniformity; Common Plan 8 Section 9. Compliance: Developer's Obligation 9 • Section 10. Compliance; Monitor's Obligation 9 Section 11. Enforcement of Terms 10 Section 12. Defaults; Remedies Section 13. Remedies; Enforceability 10 10 Section 14. Amendment; Termination 12 1 Section 15. (Not Used) 12 Section 16. No Conflict With Other Documents 12 Section 17. Severability 12 Section 18. Notices 13 Section 19. Governing Law 13 Section 20. Involuntary Loss TEST_IMONIUM SIGNATUR"S EXHIBt. 'k Rental Eligibility Application EXHIBIT b Determination of Tenant Eligibility EXHIBIT C Developer's Statement EXHIBIT D Income Verification EXHIBIT E Telephone Income Verification EXHIBIT F Certificate of Continuing Program Compliance i EXHIBIT C Monitor's Certificate of Developer's Compliance EXHIBIT H Certificate of Compliance EXHIBIT I Project Description EXHIBIT J Closing Checklist Monitoring Requirement r EXHIBIT K Legal Description °y i�t: -.Mtn _ 'w•,.-... . _ '+M.i • ,.�t'F..•. �, . "-i j'.r` 'R�r,:w... ,_ ..w�✓q :y.:, �•� :.tw.Y`ct ,iV4 1't1:.._• _.�.+.�.,_�..,,� - mom,.._-., REGULATORY AGREEMENT THIS REGULATORY AGREEMENT (the "Regulatory Agieement") is entered into as of September 1, 1987, between Washington State ri Housing Finance Commission, a public body corporate and public (Commission), and Sunpointe Associates Limited Partnership, a limited partnership under the laws of the State of Washington (the "Developer"). !•1 W I T N E S S E T H: WHEREAS, the Washington State Housing Finance Commission (the "Commission") has or will issue its Multi-family Housing Mortgage 4 en Revenue Note (Sunpointe Apartments Project), Series 1987 in the CZ aggregate principal amount of $18,755,000 (the "Note") for the • purpose of funding a mortgage loan with respect to a qualified co multifamily rental housing project ("Mortgage Loan"); and WHEREAS, Washington Mortgage Corporation (Mortgage Lender) has or will originate a Mortgage Loan to the Developer with respect to a multifamily housing project on land legally described at Exhibit I hereto (such lend, with all buildings, fixtures, equipment and improvements now or hereafter constructed or in- stalled thereon, is herein referred to as the "Project";; and ' WHEREAS, the Mortgage Lender and the Developer intend to cause the Mortgage Loan to be sold and assigned to the Commission and to be funded by the proceeds of the Note; and ' WHEREAS, the Commission and the Developer intend to restrict the use of the Project as provided herein to preserve the exemp- t tion from federal income taxation of interest on the Note. . NOW, THEREFORE, the Developer does hereby impose upon the j Project the following covenants, restrictions, charges and ease- ments, which 'hall run with the land and shall be binding and a burden upon 'ca.: Project and all portions thereof, and upon any purchaser, , eLtee, Developer or lessee of any portion of the a Project and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, admin- istrators, deviaoes, successors and assigns of any purchaser, grantee, Developer or lessee of any portion of the Project and an'•' other person sr entity having any right, title or interes_ therein, for the length of time that this Regulatory Agreement shall be in full force and effect. Section 1. Definitions. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the terms defined above shall have the meanings set forth above and the I sue.,.... y.w:. . .i$7;'rJalr• ... ,- ram. Al {1 • ,,7— ,'i. � r h., ;1 c: r ,. `• y .:y .42:,.yS .Ir rl ` , ` r. (ti y.y rR r ' r lPJS . '`HCK;"?A; .� • :,':;,✓. r a'Ri . n ' JE I r X� �1i;ye .ws5 .� ' . +� ' 1144.1. •' e,l.y' ''' : . !n.4 ''t .1Lk:.1 ,4741 ,. . e following terms shall have the respective meanings set forth below • for the purposes hereof; "Additionally Qualified Tenants" means Qualified Tenants whose adjusted income (as calculated in the manner prescribed by Treasury Regulation Section 1.167(k)-3(b) (3) does not exceed 50% of the median gross income for the area. "Bond Counsel" means a nationally recognized bond counsel as CZ I selected by the Commission. CZ "Bonds" means the Commission' s Multi-family Housing Mortgage Revenue Note, Series 1967, (Sunpointe Apartment Project) . o "Code" means the Internal Revenue Code of 1954, in effect r. immediately prior to the Tax Reform Act of 1986 and the regul=_- i OD tions promulgated thereunder. "Dwelling units" means the units of multifamily residential t rental housing comprising the Project. 6 "Functionally related and subordinate" shall mean and include x facilities for use by tenants, for example, laundry facilities, parking areas and other recreational facilities provided that the same is of a character and size commensurate with the character and size of the Project. "Monitor" means Securities Financial, Inc. , its successor, under the Monitoring Agent Agreement, or whichever person, firm or corporation is selected to perform the function of the Monitor under the Monitoring Agent Agreement. "Monitoring Agent Agreement" means the agreement of that name between the commission and Securities Financial Inc. , or another corporAt3 n of the Commissions choice, relating to monitoring comp: ' '.,cE with the Regulatory Agreement. "Mortgage" means that certain Deed of Trust, Security Agree- ment and Assignment of Rents and Leases executed and delivered by the Developer to the Mortgage Lender and assigned to the Trustee to secure the repayment of the Mortgage Loan, granting a first mortgage lien on and security interest in the land, the buildings and the equipment comprising the Project. "Mortgage Loan" means the construction and/or permanent loan funded from the proceeds of the Note pursuant to the Lender Loan Agreement and the Loan Agreement. "Mortgage Note" means that certain Note executed and deliv- ered by the Developer to the Mortgage Lender evidencing the Developer's obligation to repay the Mortgage Loan. -2- LMC698 87/09/09 Ile ..... - .� w r - - - y.•..+.sra�M�^T�RPG OR�71!9Ci*Fr4r tzvc e�r� . • t "Occupancy Date" means the later of the Delivery Date or 11.4 first date on which at least 10% of the u:lits in the Project are first occupied. "Owner" means America First Tax Exempt Mortgage Fund Limited Partnership, a Delaware limited partnership with its principal office in Omaha, Nebraska and any successor owner of the Note. "Project" means the Project Site and all buildings, struc- tures, fixtures, equipment and other improvements now or hereafter 1 CO constructed or located upon the Project Site. 1 r. "Project Site" means the real property described in Exhibit I rl attached hereto. I CI CD "Qualified Project Period" means a period beginning on the tio Occupancy Date and ending on the later of the date (i) which is 10 I 2) years after the date on which at least 50% of the units in the Project are first occupied, (ii) which is 50% of the total number 1 of days comprising the remaining term of the obligation of the Note with the longest maturity commencing on the date on which any of the dwelling units are first occupied, or (iii) on which any 1 assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937, as amended, terminates. "Qualified Tenants" means and includes individuals and families of low or moderate income determined in a manner con- S sistent with determinations of lower-income families under Sec- tion 8 of the United States Housing Act of 1937, as amended, 1 except that the percentage of area median gross income which qualifies as low or moderate income shall not exceed 80% and such calculation shall be adjusted for family size. Occupants of a unit are considered individuals or families of low or moderate income only if their adjusted income (computed in the manner prescribed with section 1.167(k)-3(b)(3) of Treasury Regulations) does not exceed 80% of the median gross income for the area. However, occupants a unit shall not be considered Qualified Tenants if all the oc-upo:.ts are students (as defined in section 151(3)(4) of • the Code), one of whom is entitled -to file a joint return under cection 6013 of the Code. The method of determining low or moderate income in effect on the date of issue will be determine- . tive for the Note, even if such method is subsequently changed. "Regulatory Agreement" means this Regulatory Agreement. "Targeted Area" means specific cenbus tracts or other areas so designated pursuant to the Code. "Treasury Regulations" means the regulations of the Depart- ment of the Treasury under the Code. -3- LMC898 87/09/09 w--1 • • - J r• .'(i,•,Y• ,^ ! " • r �' . r t, ; :• A � J � L tS `F. , , 4.t 'tx f L 1% • ,,. y,'ti.�.�4 � tr1.s.M:ti rn,J t �RM ' " ' � . � ."�. . , • .. - - -� .. .. -� j �. ,.. - u! t:AIwPSlSMii... 1 Section 2. Residential Rental Property. The Comrr.ision and the Developer hereby agree that the Project is to be devel- oped, owned, managed and operated as a project fcr "residential rental property" as such phrase is used iri Section 103(b)(4) (A) of the Code on a continuous basis during the longer of the period during which the Note used to fund the Project is outstanding or the Qualified Project Period. To that end, the Developer hereby represents, covenants and agrees as follows: (a) that the Project is being constructed and equipped for the purpose of providing residential rental property, and the GO Developer shall deve]op, own, manage and operate the Project as residential rental property containing dwelling units and faciU.- ties functionally related and subordinate to such dwelling units, 'r. 4 in accordance with Section 103(b)(4)(A) of the Code and related On Treasury Regulations; 0. (b) that each dwelling unit in the Project shall 10 contain complete and separate facilities for living, sleeping, eating, cooking and sanitation for a single person or a family; (c) that none of the dwelling units in the Project shall at any time be utilized on a transient basis; that none of the dwelling units in the Project shall be leased or rented for a period of less than 30 days; and that neither the Project nor any portion thereof shall be used as a hotel, motel, dormitory. 1 fraternity house, sorority house, rooming house, hospital, sani- 4 tarium, nursing or rest home, trailer park or court, or by a I cooperative housing corporation (as defined in Section 216(b) (1) of the Code); 1 unit in (d) that once available for occupancy, each dwelling the Project shall be rented or available for rental on a • continuous basis to members of the general public for the longer of (i) the •eriod during which the remaining Note are outstanding • or (ii tea e._alified Project Period; (e) that the dwelling units in the Project shall be leased and rented to members of the general public in compliance with the Treasury Regulations and thin Agreement; (f) that no Project containing five or fewer dwelling units shall contain a dwelling unit occupied by the Developer or ,i any person related to such Developer (ad such term is defined in Sections 103(b)(6)(C) and 103(b)(13) of the Code); and (g) that substantially all (i.e. , not less than 95%) of 1 the Project shall consist of proximate buildings or structures located or. a single "tract" of land which have similarly con- structed dwelling units financed pursuant to a "common plan" together with functionally related and subordinate facilities ....- r _ . _ _ ,____ . ____ ......,.........._ .. . 4..."..."''''+ _.....—......_....,,o, ......,..,....ram,.. l._..,..._.,...,.—..._•n,....n�.....aw.4.agog.W.VUT., v!`.. :•.•ff!."..r.rm:•.F_r}rye.± .' ^. ,m1^,_r_ra ryor z,n ';4+f 1 1 which shall be owned by the same "person" (as such terms are used in the Treasury Regulations) for federal tax purposes. Section 2. Qualified Tenants and Additionally Qualified Tenants. For the purpose of satisfying the requirements of i Section 103(b)(4)(A) of the Code and of the Commission, the Developer hereby represents, covenants and agrees as follows: I + (a) at all times during the Qualified Project Period to } maintain at least 20% of the dwelling units (rounded up to the next unit) in the Project for occupancy by Qualified Tenants and ( 04 at least one-fourth of such 20% of the dwelling units (rounded up j to the next unit) for occupancy by Additionally Qualified Tenants, e.4 and to advise the Commission in writing as to which units are to t" be so maintained and of any revision thereof. r.4 0) (b) the units reserved for Qualified Tenants shall have i CD substantially the same equipment and amenities (not including luxury amenities such as fireplaces) as the other dwelling units i an in the Project; 1 (c) units reserved for Qualified Tenants and Addition- ally Qualified Tenants shall not be geographically segregated and shall be of substantially the same size as other units in the t Project unless otherwise required to comply with a local housing ) assistance program; J (d) if at any time during the Qualified Project Period I the Developer is unable to rent or lease the dwelling units so designated to Qualified Tenants and Additionally Qualified Ten- I ants, to hold the unrented dwelling units so designated vacant and to offer the unrented dwelling units so designated for occupancy by Qualified Tenants or Additionally Qualified Tenants; provided, t that, for the purposes of this Agreement, a dwelling unit occupied 1 by an individi'al or family who at the commencement of that occu- 1 pancy is a 't'. ified Tenant or Additionally Qualified Tenants shall be ti.- .e0 as occupied by a Qualified Tenant or Additionally Qualified Tena.,s during such individual's or family' s tenancy in - such unit regardless of the future income levels of such indi- vidual or family; moreover, a unit shall be treated as occupied by a Qualified Tenant or Additionally Qualified Tenants until occu- pied by another occupant, at which time the character of the unit shall be redetermined. • (e) to obtain and maintain on file income certifica- tions from each Qualified Tenant or Additionally Qualified Tenant residing in the Project in the form and manner required by Treas- ury Regulation 1.167(k)-3(b) or in such other form and manner as , may be required by applicable rules, regulations or policies now or hereafter promulgated by the Department of Treasury or the Internal Revenue Service with respect to obligations issued under -5- LMC898 87/09/09 I 1 _ 1 _ e i ....... ..-„Pe771QtInV:narOW=70 t' -.-....-w..?..a016,Sh 2 ..g l.<0 --- ,.-_._.-. .52 - • i e i Section 103(b)(4)(A) of the Code. Such forma shall include (without limitation) Income Verifications, Certifications of Tenant Eligibility and Determinations of Tenant Eligibility as defined in the monitoring this Agreement and in, amended (if any) forms, approved by the Commission to determine the teaant's anticipated income for the taxable year immediately following the tenant' s initial occupancy in the Project, which are subject to 1 independent investigation and verification by the Commission or the Monitor. Copies of such documentation shall be submitted to the Commission, to the Owner, and to the Monitor (i) at the time of initial occupancy for all Qualified Tenants or Additionally Qualified Tenants; (ii) upon the vacancy and reoccupancy of any !ti unit held available for persons or families of low or moderate income; and (iii) as often as necessary to comply with the re- quirements of said Section 103(b)(4)(A) of the Code; Po, w4 (f) to obtain and maintain on file, with respect to 1 Ch each Qualified Tenant or Additionally Qualified Tenant residing in Q the Project, the original documentation required in Section 3(e) 1 hereof; and (g) to permit any duly authorized representative of the Commission, the Monitor, the Owner, the Department of the Treasury or the Internal Revenue Service to inspect the books and records of the Developer pertaining to the incomes of the Qualified Tenants or Additionally Qualified Tenant residing in the Project. Section 4. Submittal of Forms. The Developer and the Monitor hereby agree to prepare and submit the forms described i herein to, .as the case may be, the Commission, and the Owner on 1 the 30th day of each June and the 31st day of each December after 1 the Occupancy Date: (a) Rental Eligibility applications (the form of which is attached hereto as Exhibit A); (b) Determination of Tenant Eligibility (the form of which is attached hereto as Exhibit B); (c) Developer's Statement (the form of which is attached hereto as Exhibit C; (d) Income Verification (the form of which is attaC.ed hereto as Exhibit D cr i.f by telephone, the form attached -+s Etl.ibit E); (e) Certificate of Continuing Program Compliance k a- a form of which is attached hereto as Exhibit F);_ y (f) Monitor's Certificate (the form of which is attached hereto as Exhibit C); (g) Certificate of Compliance by Developer (the form • of which is attached hereto as Exhibit H); each of which (except q for Exhibit 0, which is required to be completed and filed by th- Monitor), is required to be completed and filed by the Developer. Section 5. Nc Discrimination. The Developer shall not ) discriminate in the provision of housing on the basis of race, creed, color, sex, national origin, religion, marital status, age, disability or the receipt of public assistance or housing assistance. -6- LMC899 87/09/09 I I - - 1 ..r,a ,..r„...4.„:,;;41 ..,a.,.....;,,,�03;,,r „y". yea -1!.e. Va)v44..~0.4Ydiu..e{.�?.e!. .. py.e4N1 �� 46.;ie'::e.RS i4.L4 z••;;iJe .. 'it.f:•a! i..i..- . r:• •,:a: ,,. {, ..a.;.k •, • .•._.X. !I . �.'•'. iL... ..JtaL:1'_`_ek Cr' k,.N. _',"s, ....r.�....c.-.• -_ —_. ......,-+ter..•. -.-..�..._ ,ir.�... -..-.�. -..-....� _. �. Section 6. Covenants Run With the Land; Term. The Developer hereby declares its express intent that the covenants, restrlc- tions, charges and easements set forth herein shall be deemed covenants Lunning with the land and shall., except. as provided in Section 20 of this Regulatory Agreement, pass to and be binding iupon the Developer' s successors in title including any purchaser, grantee, Developer or lessee of any portion of the Project and any other person or entity having any right, title or interest tht.rein and upon the respective heirs, executors, administrators, devi- sees, successors and assigns of any purchaser, grantee, Developer or lessee of any portion of the Project and any other person or entity having any right, title or interest therein. Except as I eoi provided in Section 20 of this Regulatory Agreement, each and (el every contract, deed or other instrument hereafter executed d N covering or conveying the Project or any portion thereof or r4 interest therein shall contain an express provision making such to conveyance subject to the covenants, restrictions, charges end C) easements contained herein; provided, however, that any such contract, deed or other instrument shall conclusively to be h<_Ld to have been executed, delivered and accepted subject to such i30 covenants, regardless of whether or not such covenants are set i forth or incorporated by reference in such contract, deed or other instrument. The covenants contained herein shall continue in full Iforce and effect throughout the longer of (i) the period during 4 which the Note remain outstanding or (ii) the Qualified Project i Period unless sooner modified or terminated in accordance with (1) Section 14 hereof upon receipt by the Commission of an opinion i of Bond Counsel that the exemption from federal income taxation of 1 interest on the Note will not be adversely affected by such a A modification hereof (whether or not the Note is outstanding) , and in such case only with the written and recorded consent of the 1 Commission, or (2) in accordance with Section 20 hereof. Section 7. Sale or Disposition of the Project. i (a) If the Developer sells, transfers or otherwise dis-,sees of the Project or any portion thereof. (other than by I leeelle or renting for individual tenant use es contemplated he.. '•.der) without obtaining -the prior written consent of the Commission an event of default shell occur under the terms of the Agreement and the remedies available for such default hereunder can be exercised. The Commission's consent shall be conditioned iupon receipt by the Commission of (a) reasonable evidence satis- factory to the Commission that the Developer' s pui.,.iaser or transferee has assumed in writing and in full the Developer' s duties and obligations under th:.s Regulatory Agreement and is capable of complying therewith; (b) that the Developer is not in { default hereunder; (c) an opinion of counsel for the transferee, delivered to the Commission, to the effect that the transferee has duly assumed the obligations of the Developer under this Agreement and that this Agreement constitutes a legal, valid and binding H -7- LMC398 87/09/09 i I : l' . , 1 •f b-,;•i b R.t•4, M '-z,4......eE ..0„_tarw -yr t '1:,�..1.'Y, t q " • p' ' rT ` et.4 ram.. .. �_ ..r. :3f ?7' ',1; „, .. ,. .4., 1,4 , r.•W.a .Y v obligation of the transferee; and (d) any other conditions which • may reasonably be imposed by the Commission, the Owner, ur the Mortgage Lender to assure compliance with federal or state law. ) Any sale, transfer or other disposition of the Project in viola- tion of this Section 7 shall be ineffective to relieve the Devel- oper or the Property of obligations under this Regulatory Agreement. (b) If the Loan is prepaid during the term of this i Agreement, the Developer shall pay to the Commission, on January 1 i of each year for the remaining term of this Agreement, as compen- CD sation for its continuing duties in monitoring compliance with Ca this Agreement, a fee equal to 0.25% of the principal amount of C4the Note outstanding on the date of such prepayment. Alterna- r4 tively, at the option of the Commission, if the Developer shall prepay the Loan in whole during the term of this Agreement, the 1 Developer shall pay to the Commission, on the date of such pre- C payment, an amount equal to the present value, as of the date of N such prepayment, of the annual fees of Commission which would have 7) been payable as provided in the Loan Agreement for the remaining l term of this Agreement, based on the amount of the Loan outstand- d ing immediately prior to the date of such payment or prepayment 1 (such present value calculated based upon a discount rate equal to the Base Interest Rate on the Note) to compensate the Commission for its services and expenses in monitoring compliance with the C Regulatory Agreement for the remaining term of this Agreement. Notwithstanding the foregoing, the amount so payable to the 9 1 Commission shall not at the time of such prepayment exceed the amount which may be paid in accordance with the Code. As a f further alternative, the Developer may provide a letter of credit 1 drawn on a Bank whose long-term debt obligations are rated "A" or 1 ibetter by Moody's Investors Service or Standard and Poor's Ccrpo- j ration or an alternate security device, either of which must be in 1 form and content acceptable to the Commission. Section 8. Uniformity; Common Plan. The provisions hereof 1 shall apply iniformiy to the entire Project to establish and carry out a . ,e :or plan for the use, development and improvement of the Project Si - - Section 9. Compliance: Developer' s Obligation. The Developer shall exercise reasonable diligence to comply with the requirements of this Agreement and shall correct any noncompli ice { within e'.xty (60) days after ouch noncompliance is first dis- covered by the Developer, would have been discovered by the i F exercise of reasonable diligence or the Developer receives notice 1 of such noncompliance; provided, however, that such period for 1 1 correction may be extended if the Developer is exercising due diligence to correct the non compliance and upon receipt of an opinion of Bond Counsel that such extension would not cause the . interest on the Note to be includable in gross income for the i i -8- LMC898 37/09/09 fRJ J) JEWraroclisso . ,•'1Mn."'v r �: .4...8: � F rfa T" Y`i Ir.(, '• :. ....leCl ..! '.'.. :!;::'',' ''.:.ti.}e 1'�.) m�.1'".'r," ',. "P�Yra w'qtr. Y t r� ' J.; 4A t iriy �•:.:1 . i/•� rr. e- • -\ it* .;'R.'Y... ;,'1t.ft'-'`' L1iAi `,�. l'f�`,�4,14 ,• 1 y� `,� � .'r".... ,,•r ram,... ..:'�:rc.: �•, `c _.1 �,_ -'�"-! - -.1.'2'-. ".-- . 'c':. f i purpose of federal income taxation pursuant to Section 103 of the 1986 Code. Section 10. Compliance; Monitor' s Obligation. The Monitor shall ,i) carry out the duties set forth in the ?lonitcring Agent Agreement to assure that the Developer complies with all require- vents of the Regulatory Agreement, (ii) record any amendment to the Regulatory Agreement in the appropriate official public records, (iii) review all reports with respect to the Project ' subsequent to the funding of the Regulatory Agreement, (iv) review all Income Verifications, Certifications of Tenant Eligibility, Determinations of Tenant Eligibility and all Certificates of 04 Continuing Program Compliance required to be filed with it by the eel Developer; and (v) file with the Owner and with the Commission a t' semiannual report due on June 30 and December 31 of each year 1 .4 following the Occupancy Date as defined in the Regulatory Agree- ` Tment setting fortn its activities undertaken to monitor compliance r. with such requirements and the results of such investigation, (vi) to advise the Commission and the Owner in writing promptly i upon learning of any default by the Developer with respect to the t covenants, obligations and agreements of the Developer set forth 1 herein or in the Regulatory Agreement, (vii) upon written direc- i tion by the Commission or the Owner, to cooperate fully and I promptly with the Commission or Owner in enforcing the terme and provisions hereof; and (viii) upoe written direction by the Commission or the Owner and upon receipt of written notice that the Commission or the Owner has declared the Developer to be in 1 default hereunder, to take such action as may be requested by the Commission or the Owner to bring about compliance by the Developer 1 with the terms and provisions hereof subject to reimbursement of costs and expenses thereof, including employee costs approved by the Commission and reasonable attorneys' fees. 1 Section 11. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be enforced by, respectively, the Commission, Owner and their successors, and assigns, during the term of the Agreement, whether or not the Loan may be paid in full, and hether or not the Note is outstanding. Notwithstanding - the f. -Proing, the requirements set forth in Section 2 of this Regulator Agreement shall cease to apply to the Project, if -the ' events specified in Section 20 hereof occur. The Developer hereby agrees that, at or following any foreclosure, transfer of title by deed in lieu of foreclosure or similar event, neither the Devel- oper nor any related person (as defined in the Code under ;ac- tion 267 or 707(b) for the purposes described therein) or under Section l63(a) (except that fifty percent shall be substituted for eighty percent wherever it appears) will obtain an ownership 4 interest in the Project for federal tax purposes. In determining whether ar.y default or lack of compliance by the Developer exists under this Agreement, the Owner shall not be required to conduct any investigation or review of operations by the Developer (other 1 -9- LMC898 87/09/09 1 l'°- -------- ace......-- i ..nsnw lRr - ,. „ 1 - .10 + } , " •f••. it •'..,,,� .w i .'' iday(. ..:.�1. l"' -: :1 l ♦ �xt-1;1 .'U;'.aa . yT,.,� ti r "7" f { ti ti V .•�j![' .y� n .`�ICC�r rn'"7a, ; 7.M 'r . i. • ter/•--. -1 ' ✓ rgiiiVV:i4'� '' . ..S.'V'a':s 7�w-�:t'w.w�1rh�.Y'1 M.d, i.s�t0;+:1"4i,..,-!'� if„t"'til*' p ��P,_{ 1�1�� rl''': e than as required by this Agreement) and may rely solely upon any I notice delivered to the Trustee by the Developer, or the Commis- sion with respect to the occurrence or absence of a default. The parties hereto agree they will execute and deliver any and all \ .4 documents and instruments necessary to effectuate the provisions QD of this Section 11. Section 12. Defaults; Remedies. If the Developer shall fail to observe or perform any covenant, condition or agreement con- tained herein on its part to be observed or performed, then and in such event, the Commission, the Monitor, and the Owner shall be entitled, individually or collectively, and in addition to all other remedies provided by law or in equity: r,'1 (a) to compel specific performance by the Developer of t* its obligations under this Agreement, it being recognized that the rl beneficiaries of the Developer's obligations hereunder cannot be C) adequately compensated by monetary damages in the event of the 0 Developer's default; and ao (b) to cause the Developer to pay to the Commission an amount equal to all rent received by the Developer with respect to units required to be rented to Qualified Tenants and Additionally Qualified Tenants, if such units are knowingly or negligently rented to persons who are not Qualified Tenants or Additionally Qualified Tenants. Such payment shall not reduce the amount due under the Loan. This is intended to be a penal provision. 1 If the Trustee certifies to the Commission that the amounts I paid to the Commission under this paragraph within the previous thirty (30) days are necessary to pay Base Interest due to a 4 default by the Developer under the Loan, the Commission shall direct that such payment be made to the Trustee to the extent required for such purpose. Section 13. Remedies; Enforceability. In the event of a violation ^r attempted violation of any of the provisions hereof, the Comme.._nr. or any governmental entity succeeding to the Commissi. 's functions, the Monitor, (at the request and direction of the Coma+iesion) and the person who shall have been the regis- tared Owner of the Note at any time while the Note was outstanding may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation or attempted vio'a- tion, or to recover monetary damages caused by such violation Jr attempted violation. The provisions hereof are imposed upon and . made applicable to the Project and shall run with the land and shall be enforceable against the Developer and each purchaser, grantee, Developer or lessee (but not including tenants) of the Project or any portion thereof at any time and from time to time, and the respective heirs, legal representatives, successors and { assigns of the Developer and each such purchaser, grantee, Devel- -10- LMC898 87/09/09 1I i ...".1.., . `..-t4 , ,. 6 "'.'.1 '. 'tip ,.ti ' ._•{`'. Yf t•�•^- J1•�L;"i`r%_ l+ :f' : • • ✓'rl,A ,'''.:,r�`�1N 4,•• f !' �,4...44, r- • r,`yf.r�.4..k• pt� 11)'f • 1• i 4,:4 r ' 0V+ 1 r 1 .': l♦ r.,. % ' �'a•t,l .1.:. i+f.� . -s--• .A . +b;y IYi7Y +s • . __r-:- 1#11.'7.4•,:jii_t..J 4.-: ./-4� 'fit ,f•. " , ..Win� ..,.'v4 ' r4.-,. _ ' 4,... , �.A *• Y• 7"buf•`I I { d 1 i oper or lessee. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right .f any party entitled to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or y violation or any similar breach or violation thereof at any later ( time or times. The Developer hereby agrees to pay, indemnify and hole the Commission and the Monitor or any other party authorized hereunder to enforce the terms of this Agreement harmless from any and all costs, expenses and fees, including all reasonable attor- i neys' fees which may be incurred by the Commission or the Monitor, or such other party in enforcing or attempting to enforce this Regulatory Agreement following any default on the part of the r4r. Developer hereunder or their successors, whether the same shall he r{ enforced by suit or otherwise; together with all costs, fees and expenses which may be incurred in connection with any amendment to v^� this Regulatory Agreement (or to the Agreement) or otherwise by O the Commission at the request of the Developer (including the reasonable fees and expenses of Bond Counsel in connection with any opinion to be rendered hereunder) . This agreement to indem- 1 nify is a separate agreement, shall survive any foreclosure action, attempted transfer or the like, is a personal obligation of the Developer and action may be brought thereon irdepe: lently y of any other remedy provided for herein. iSection 14. Amendment; Termination. The Developer shall i cause this Regulatory Agreement to be duly recorded in the office of public records in the County where the Project is located as an encumbrance upon the Project Site and the Developer shall deliver { to the Commission and the Monitor a copy of a mortgagee title insurance policy insuring the mortgage loan and evidencing such Irecording and an opinion of counsel in form and substance satis- I factory to the Commission to the effect that this Regulatory Agreement is a legal, valid and binding agreement enforceable in j accordance with its terms against the Developer and an; person i subsequently acquiring any right, title or interest in or to the EProject or any part thereof. I i The pi. •isions hereof shall not be amended, revised or gterminate^ te.:..apt as provided in Section 20 of this Regulatory Agreement) • for to the expiration -of the stated term hereof except by an instrument in writing duly executed by the Commis- sion, the Trustee and the Developer (or its successors in title) and duly recorded. The Commission' s consent to any such amend- ment, revision or termination, other than termination pursuant -o Section 20 of this Regulatory Agreement (whether or not the Note shall than be outstanding) shall be given only upon receipt of (a) an opinion of Bond Counsel that suck. amendment, revision or termination will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Note or i' (b) evitier.ce satisfactory to the Commission that there has occur- 11 red An involuntary noncompliance caused by fire, seizure, roquisi- U l! -11- LMCB98 07/09/09 Iii II • m.._r. T4I'�4* f_ .� i:r,.•,y .p-Nt..... ',n.Fys y'e/,::C,.,.y, �{4! .,,fit !.:ti +. 1} ,4X1i7 p ...,., 34w Yj'i! i { l ; Z. ,'? 7r tfe n aX L e �-Y <-.I ..4 r�tt(�v..7�".n.��`.� 4 'I; r s i`A �t 0�tfr '"-1,,.,. 4 iL 7.i � T" :�.N S{ -..0-t ,„ s;".. i �{, ..,.,, I-tt'ar. ,, 7 TF '�1tr,ta1 Kti.4'S„bl7,..47: ;�7i'l: ...,,..u......,w.......a...... _. ._ _._, ,,. - ---- -- • k. i 1 , 1 tion, change in federal law or action of a federal agency after the date of issue which prevents the Commission from enforcing this Regulatory Agreement or condemnation or similar event, provided that the Note used to finance the Project is retired within a reasonable period. An opinion of Bond Counsel approving the modification of any of the terms of this Regulatory Agreement as herein provided shall become applicable upon the delivery of such opinion to the Commission and the recording of the instrument r evidencing the modification in the office of pubiic records in the f County where the Project is located. r) Notwithstanding any other provisions hereof, this Regulatory i A Agreement, shall be amended to conform to any more restrictive 1. requirements of any amendments to the Code, amended Treasury eel Regulations (proposed or final), cr any legislative enactment or Cfinal decision by a court of competent jurisdiction affecting the tax-exempt status of the interest on the Note when the same becomes applicable. The Owner, Mortgage Lender, Monitor and 0 Developer agree to any such amendments as may be required to i M comply with any such amendments or decisions. sSection 15 (not used) . ISection 16. No Conflict With Other Documents. The Developer , warrants that the Developer has not executed and will not execute, I any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event the requirements of this Regulatory Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 3 i Section 17. Severability. The invalidity of any clause, 1 part or provision of this Regulatory Agreement shall not affect the validity of the remaining portions thereof. So'-t•. m 18. Notices. All notices to be given pursuant to this 1l,,tory Agreement shall be _in writing and shall be deemed given wha., mailed by certified or registered mail, return receipt f requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing: Developer: Sunpointe Associates Limited Partnership c/o The Axelrod Company 520 Pike Tower, Suite 300 Seattle, WA 98101 Y 1 -12- LN,C898 87/09/09 11 t — :...ns•.n.....rMitrnTCL*ill=a4r!r—....., !ire;;C'^Mw4?*`Y!.?f.:. . . -.. .v •t.- • Commission: Washington State Housing Finance Commission 710 Second Avenue, Suite 1090 Seattle, Washington 98104 Attention: Executive Director Monitor: (To be added) _ __ 1 • ( 114 Escrow Agent: FirsTier Bank, National Association 0GO4 17th & Farnam Streets .4 Omaha, NB 68102 Attention: Trust Department 0) Owner: Sunpointe Associates Limited Partnership j 00 c/o The Axelrod Company QD Suite 2300, 520 Pike Tower Q� Seattle, WA 98101 1 Section 19. Governing Law. This Regulatory Agreement shall be governed by the laws of the StatA of Washington. Section 20. Involuntary Loss. This Regulatory Agreement shall cease to apply to the Project in the following circumstances: i (a) if in the event of involuntary noncompliance caused 1 by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu of foreclosure (except as provided in subsection (b) below), condemnation, or a change in Federal law or an action of a Federal agency after the date of the Note used to finance the Project which prevents the Commission, or its assigns, from enforcing the requirements hereof and if after such event the Note used `o pr).ide financing for the Project is retired from amounts 4 receives. - s a consequence of such event; f 1 (b) in the event that prior to the date that the 2. Mortgage Loan closes, title to the Project passes from the nevel- open because of foreclosure or deed in lieu of foreclosure :rid a 1 Mortgage Loan is not made with respect to the Project; Section 21. Compensation of Monitor. The Monitor shall receive a fee from the Developer of not more than the following: (1) One Hundred Fifty Dollars ($150) per unit multiplied by the minimum number of units which must qualify under the Regulatory Agreement and for each year of service thereafter an annual fee of $95 par unit multiplied by the minimum number of units which must qualify uncle:: the Regulatory Agreement plus $95 per unit -13- LMC898 87/09/09 i isw.`�--- -- w......+R* ....l.+a++rn. ^;ro-,-,::-~L"^,f^.•T.�1A'!Na1rw;R. �.f�r .. •,cri._,.- b.-. A �°fr- ,...... laim~olle•n. - - _ above the minimum number which the Developer has qualified during \ 1 any yearly period, or (2) the amount agreed to in the Monitoring Agent Agreement if less than the amount set forth in (1) above. The fee for the first twelve months of service shall be payable on the date the Monitoring Agent Agreement is executed and delivered. Thereafter the annual fee will be payable on either January 1 or July 1 and the anniversary thereof beginning on the first such date which occurs after six months have elapsed from the date the certificate of occupancy with respect to the Project is received. i Section 22. Notification of Completion. The Developer will promptly provide written notification to the Monitor and the Commission of completion of construction and receipt cf the up certificate of occupancy. i iell Section 23. Units for Handicapped Persons. The Developer r. is constructing 18 handicapped-accessible units in the Project v4 which are also designed to be disabled-accessible. To meet the 52 public policy goals of the Commission the Developer agrees to actively seek referral from federal, state, local and private m agencies of Handicapped Persons (as defined herein) as residents for the Project. The Developer will maintain records of its activity in this respect and prepare a report, on a form accept- able to the Commission summarizing efforts made to secure Handi- capped Persons as residents for the Project. Such reports will be submitted to the Monitor and to the Commission during the term of this Agreement semi-annually on June 30 and December 31 following the receipt by the Developer of a certificate of occupancy. The Developer and the Commission intend that the definition of Handi- capped Person be interpreted on a functional basis. Taking into account this intent the term "Handicapped Person" means an indi- vidual who has a physical impairment, including impaired sensory; manual or speaking ability which results in a functional limita- tion in access to and use of a building or facility. Section 24. Identification End Addition of Monitor. Upon execution and delivery of the Monitoring Agent Agreement the ` Comni-, ion will cause the Monitor to execute a joinder agreement 1,. •'.+.irh it becomes a party to this Regulatory Agreement. -13.1- LMC898 87/09/09 t "ONOW. -..-7 v r. ✓; w-A.14 1* .. va tN aJ ,,, ;.w.. ?:�, 'it•..• tief -:,,PP� 1 - -`•ti r, M :,vrt•' «t: 4 '. t• r1 MMS 1/tl•4. -.r,•t ip ''.:.. '[+: - '?{!:. .i I•Pi • .?rs t4.4,.. �,iJ , t''l :t.. ./. 4T"" 1. r' �- ---- ..... • • • • 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective, duly authorized representatives, as of the day and year first written above. SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP '°I By icie tk General Partner 64/1. By ' Arc �j��-- r. .4 Its CI • by s/)e/ikr (/rpacc,l1Y)/1 r& K (%i7b k'c/ • General Partner By SECURITIES FINANCIAL, INC. By ? Vice President • WASHINGTON STATE HOU I G FINANC OM ISSIO By Its STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this fkW day of September, 1967, before me, the under- signed Notary Public, duly commissioned and qualified in and for %the said State and County, personally came and appeared ThE Neirrd(,c,-i xui bt Ala 1- Axe(rd , of Sunpointe Associates Limited Partnership, a gdneral partner and acknowleded to me that the foregoing instru- ment was signed by him/her in behalf of said limited partnership ' -14- LMC898 87/09/10 _ . . 1 • end that he/she acknowledged the fol•eyoing instrument to be the free act and deed of said limited';partnership. ;_ dh.AY -- Notary PR_lic Commission expires 10-1-90 ,„ OFFICIAL EEAL Cii) STATE OF WASHINGTON ) BEVcRLY A. COCK ss. MARY''J U:-STATE OF WA;;1..%., 1 COUNTY OF K I N G ) Gi 'Ml3 ON MIRES: 1'�•1 _ CI On this 11th day of September, 1987, before me, the under- ° signed Notary Public, duly commissioned and qualified in and for 1 the said State and County, personally came and appeared SIEL.1711 CORPORATION 2) OF CANADA LIMITED by* of Sunpointe Associates Limited Partnership, a genera/ partner and acknowledged to me that the foregoing instru- ment was signed by him/her in behalf of said limited partnership and that he/she acknowledged the foregoing instrument to be the free act and deed of said limi ed partnership. *J.W. Beatty, Vice a.Pres. ed-o''v . Notary Pub is Commission expires 10-1-90 OFFICIAL SEAL STATE OF WASHINGTON ) BEVERLY A. COOK s s. NOTARY°'Jig!IZ.STATE OF WAS6INGTON COUNTY OF K I N G ) MY CIAIW..,SSION EXPIRES: 104•90 q i Cn this day of 1987, before me, the under- signed Notary Public, duly commissioned and qualified in and for the saie State and County, personally came and appeared of Securities. Financial, Inc. , the of that corporation and .acknowledged to me that the foregoing instrument was signed by him/her in behalf of said corporation, and that he/she acknowledged the foregoing instrument to be the free act and deed of said corporation. Notary Public Commission expires• -15- LMC898 87/09/10 1 • __ .` -- --- —- -- 1 STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this lb du day of 1987, before me, the under- signed Notary Public, duly c mmissioned and qualified in and for the said State and County, personally came and appeared Jaspos r4 K4rachbaum, Chat,' of Washington State Housing Finance Commission, a public body and acknowledged to me that the fore- ta going instrument was signed by him/her in behalf of said Commis- .4 sion, and that he/she acknowled d the foregoinginstrument to be r. the free act and deed of said m ission. r4 Cr) CD Notary Pub c / OD Commission expires 10/ 1/ /0 OFFICIAL SEAL BEVERLY A. COOK NOTARY PUBLIC-STATE OF WASHINGTON MY COMMISSION EXPIRES: 10-1-90 • • -16- r.MC898 87/09/10 • �,)•:Y.MG.. . - -if .... 44o-op!o-..• .. _. r ... • .. f*,4:••?mot.;._., h �M; ;,,-v s• °rtij.3S ^' .Y Ni .+. -fti� 1-y,�..y�� - (�:•1hiT.• -�'a '. later :.i rr l� :t. x.J NF i Ra ..f'+1.Y4•I'71Vd!... ♦. .y- ..4r,-,.. ra•nk a .lr+t 1 [EXHIBIT A to Regulatory Agreement] RENTAL ELIGIBILITY APPLICATION Apartment Community CO Manager or Representative � Unit tt Size ;; Bdrms _ 0 HOUSEHOLD COMPOSITION r ors) Household Member Name Age Social Security No. Head 2 3 — 4 — 5 6 7 CAR Year Model 'fake Color License REFERENCES Bank Branch Acct# Credit h. °^.en' a AcctO Credit Reference Acct# Credit Reference Acct# Nearest Relative, other than husband or wife, to be notified in emergency. Name Relationship Ad!rear Phone LMC898 87/09/09 3 .•I.': •..x r+••:.•..0Y,.-. 1 y.. t. Y� • Y�y�• r. ... .,.w�{l �- I., •: • -•- • f� yiWjL��40 y • if�••�,44 4,14+' • •4,l l•. �4!y1 !�•.i. sue_ .,,. • • HOUSEHOLD INCOME For each household member over 18 years of age, (including contributing family members temporarily absent) list total anticipated income for the twelve month period commencing on anticipated date of occupancy, including: 1. Wages, salaries, overtime pay, commissions, fees, tips, bonuses and other compensation for personal services (amounts before deductions); net income from operation of a business or profession; net income from rental • ri property: HOUSEHOLD MEMBER INCOME SOURCE AMOUNT $ L TOTAL 2. Interest and dividends, pensions, social security annuities, insurance policies, retirement funds, disability or death benefits and other similar payments; unemployment and disability compensation, workers compensation and soverence pay (do not include any lump sum payments such as insurance payments, inheritances, capital gains or settlements for personal or property losses): HOUSEHOLD MEMBER INCOME SOURCE AMOUNT $ $ TOTAL $ 3. r.'"'lc assistance payments where- such payments include special. alloca- tions, alimony, child support, regular payments or gifts from non- household members; military pay and allowances to contributing family members, excluding "hazardous d•:ty" pay: HOUSEHOLD MEMBER INCOME SOURCE jrAon, S $ TOTAL $ LMC898 87/09/09 Lmmbeirmw- �� .. • 1 '..,.rT r,' �rh • y^1� ! .r �'.r ri.�4 Yi.L 't •�f.. - .` x+ 7rWuf� t.- :w rY ,1/Wig liy. Y,',•�J � f:. ,:+,1 �., �'+I .Is ,F .'V�"ai.�"'l�;.N;W'9'��.+w f '�'1. ��.l 0�1l r�llr�• �.��^rt a, HOUSEHOLD INCOME For each household member over 18 years of age, (including contributing family members temporarily absent) list total anticipated income for the twelve month period commencing on anticipated date of occupancy, including: 1. Wages, salaries, overtime pay, commissions, fees, tips, bonuses and other compensation for personal services (amounts before deductions); net income from operation of a business or profession; net income from rental property: CAD r* HOUSEHOLD MEMBER INCOME SOURCE AMOUNT C) — $ $ GO 5 TOTAL $ 2. Interest and dividends, pensions, social security annuities, insurance policies, retirement funds, disability or death benefits and other similar payments; unemployment and disability compensation, workers compensation and severence pay (do not include any lump sum payments such as insurance payments, inheritances, capital gains or settlements for personal or property losses): HOUSEHOLD MEMBER INCOME SOURCE AMOUNT $ $ $ TOTAL $ 3. r.'•'ic assistance payments where- such payments include special, alloca- tions, alimony, child support, regular payments or gifts from non- household members; military pay and allowances to contributing family members, excluding "hazardous d•.ty" pay: HOUSEHOLD MEMBER INCOME SOURCE AMUIA.f $ $ _ $ $ TOTAL $ LMC898 87/09/09 ~ a ."•_1 •L.I.44'4.r,J tal AA .' ''d a k a'V~ ^" .•Ji 1 r'%.anti..e t hS•. ; 't" w J VlV.—r• • t + r• .. . ?• _. .... ... •..^, ... .. irta.p�.F.74')i`f r.•4':.. N :-:.1',i lr.w............a. .- • 4. Earned income tex credit exceeding income tax liability; trust income: HOUSEHOLD MEMBER INCOME SOURCE AMOUNT _ $ $ — 104 TOTAL S S. Total household income: r. HOUSEHOLD MEMBER INCOME SOURCE ANTICIPATED INCOME Monthly Annually r. $ $ on $ S $ $ S $ TOTAL FOR HOUSEHOLD S S TOTAL ANNUAL INCOME $ Please attach documentation (wage verification, tax returns, pay stubs, etc.) to verify income. • NET HOUSEHOLD ASSETS • List the value of all capital inlastments (savings, stoc':s, Note, prop- erty, etc. excluding auto and furniture) owned by household members, and state the expected income from each: HOUSEHOLD MEMBER INCOME SOURCE VALUE INCOME S_ S — S S TOTAL S $ Household Member's Employer _Phone Address Position Supervisor__ -_ Length Position Held Salary —.—— Household Member's Employer ('hone Address Position Supervisor Length Position Held Salary_ LM0898 87/09/09 s 11.11. • itillbeitiMOMMEtealibriaillinbuntwesetw ,. • • Give last three places of residence: Address Name of Developer/Mgr. Phone Date from/Date to / / • 1104. I understand I acquire no rights in an apartment until I sign an agreement in the form submitted to me and make a deposit of $ on the Cj apartment I have selected, which deposit is to be held in accordance with the 1.4 rental agreement. In consideration of the Landlord's holding this apartment JJJ t" for me, I hereby waive all rights to the return of this deposit and said CI deposit shall be retained as liquidated damages in the event I do not choose to CD enter into the agreement applied for herein. In the event said application for tenancy is not accepted, deposit shall be returned to applicant. I hereby affirm that the foregoing information is true and complete to the best ' of my knowledge, and inquiries may be made to verify the statements herein. I further understand that any intentional misrepresentation of any of the above might result in a default in the rental agreement affecting occupancy by this household. Dated , 19_ Applicant's Signature - Witness Applicant's Signature Witness • L..C898 87/09/09 •Y•.. _1y. .:!.. ^.t} i•,y. .'L.a.. 'P'a/:�i-4'�' r�.1 tJ".3�'!ra�6�o_�... ";''CZ.' r. i� :lftJ 11t1{ •f`w�i!..7 �.. •k• . . ..$41`!dOhL1�C[ 4di'N /=.t4tJt.IP+G". • EXHIBIT B • to Regulatory Agreement DETERMINATION OF TENANT ELIGIBILITY (TO BE FILLED OUT BY DEVELOPER/DEVELOPER) 1. TOTAL ANNUAL INCOME 1114 GO A. Items 5 of Rental Agreement $ B. Total net household assets (from the value column under Net Household Q, Assets of Rental Application):CD $ C. If the total listed in Item B OD (directly above) exceeds $5,000, show the greater of (i) the actual income derived from such assets (from the Income Column under Net Household assets of Rental Applica- tion), or (ii) the amount • determined by multiplying the total listed in Item B (directly above) by the current passbook savings rate as determined by HUD: $ D. Eligible income: (i) if an amount is shown in Item C (directly above), add that amount to the amount shown in Item A (directly above) and write the sum here: $ 2. ELIGIBILITY DETERMINATION Refer to Chart of Income Limits for Washington State in the Guide to the .gulatory and Financing Agreement:. A. Qualified Income Limit - BO% of HUD median income adjusted for family size $ B. Additionally Qualified Income Limit 50% of HUD median income adjusted for family size $ C. Project Qualified Income Limit 60% of HUD median income adjusted for family size $ LMC898 87/09/09 • i+ - . • ,.. s g 1• riS;�.0 /. ,,,�y ,waf.. .{at�'.�•zr•4•�,� •_1 .' :� r. t ,,.�•� w ,J„ �.N y'Lj a t.AILI: _/'�:Vv 1�j'•v�: ,4,4'..1:4• .Y'•. ��, r ;�:y+; ,ht• ti, •a!t'fv.- ::� r i.^ .- ateS. r ` �.�,,� a l�ixja�{,`�Ar• tt{%7�,••,,' .•••� 4411 st fir& '.. ..: 1 - • Compare the amount in Item D of Part 1 to the three income • limits on Part 2 to determine under which category(ies) the household is qualified. C. Household is: Eligible as a Qualified Tenant Eligible as a Project Qualified Tenant Eligible as an Additionally Qualified Tenant Ineligible Date: Prepared by: Print Name Title Date Q • • 7.MC898 87/09/09 1,4 r, . •:,'�_ ,� ,iy I • ` c f r,e R !{ 't•. R` e +.� i C ''• t�u••k: . y `` ":. t � �.• ;a.r wy ro. t • �.�� '• r �,.F ra ,its �w�'�.Q �+:,f,, f u 7t4trq sr•";.,+ i•tiw:ti.. ..r,.} r., x Y:. -•.1' •,�a'�•7r i.:'., • .. 0301s*A1C-• :.w1�li4NiUMvs...r•.,. • - ..._._.... 1 • ro EXHIBIT C To Regulatory Agreement • DEVELOPER'S STATEMENT The information on this form has been verified as required by the Regulatory Agreement among the and (The name of the signatories of the original Regulatory Agreement should appear in these spaces. The current Developer executes the document. ) The above-named family or individual(s) is eligible under the provisions of the Regulatory agreement as indicated in Part 2D of the Determination t4 of Tenant Eligibility, defined in said Agreement. Cr)• In verifying the information on this form I, or my agents, have explained to the applicant that in completing item 5 of. the OD Rental Eligibility Application, there is not to be included: • • (1) occasional gifts; (2) amounts for or in reimbursement of the • cost of medical expenses; (3) inheritance, capital gains, settle- ments for personal or property losses and lump-sum insurance payments (including payments under health and accident insurance and worker's compensation); (4) scholarships, including payments to veterans actually used for meeting the costs of tuition, fees, books and equipment; (5) foster childcare payments; (6) the value of food stamp allotmets; (7) income from employment of children (including foster children) under the age of 18 year; (8) payments received for participation in ACTION volunteer programs; (9) pay- ments under the low-income Home Energy Assistance Program; and • (10) payments received under the Job Training Partnership Act. I, or my agents, have also explained to the applicant that assets listed as net household assets on the Rental Application include the value over and above actual consideration received, excep, in a foreclosure or bankruptcy, of any asset disposed of • • fer .jet than fair market value. (In the case of a disposition as part. •' a separation or divorce -settlement, the disposition will • not be considered to be for less than fair market value if tenant receives consideration not measurable in dollar terms. ) Name of Developer Signature of Developer Date LMC898 87/09/09 f:r. ' . - -. t-.. -.. JRGF3.44'ihSl`+:I�JT-'4t.1'R:r'.i.....r, .._. ._ r., EXHIBIT D To Regulatory Agreement • INCOME VERIFICATION • (AUTHORIZATION FOR EMPLOYER TO RELEASE INCOME) The . undersigned employee has applied for a rental unit located in a project financed under Washington State Housing 114 Finance Commission Multifamily Rental Housing Program for lower income families or individuals. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee's current annual income from wages, overtime, 9,4 bonuses, commissions or any other form of compensation received on a regular basis. r* Annual wages: Overtime: Bonuses: Commissions: Total current income: I hereby certify that the statements above are true and complete to the best of my knowledge. Signature Date Title • I hereby grant you permission to disclose my income to the apartments in order that they may determine my income eligibility for rental of an apartment located in their Project. • Signature Date Please send to: LMC898 87/09/09 - EXHIBIT E to Regulatory Agreement (FOR USE WHEN VERIFYING INCOME BY TELEPHONE) WSHFC Series PROJECT NAME MORTGAGE LENDER DATE CI 1. Person Calling O OD2. Name of Applicant 3. Name of Employer — 4. Name of Person Contacted 5. Employer's Phone Number 6. Information Verified I 898 87 09 LMC 09/ / • J �S Y'+ .a.. �a�. �, f.; •J... �'„ of ..� ��'i1�i K.'�rt'M. ..T ..�` w..f_a'r�x!"'Gr<� .�ri•NI. • ... .. 1 .. .. i.�:'Ai6Nh➢n:,,.S�.L'.i.`.i aX:Y.t'�r,.' r .. V.. • EXHIBIT E To Regulatory Agreement CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE RE: WSHFC SERIES MORTGAGE LENDER • 1,4 DEVELOPER aPROJECT NAME t ADDRESS01 — O The undersigned does hereby certify that during the preceding six months ending January (July) 1, 19 : (i) the above-named Project was continually in compliance with the terms and condi- tions of the financing for such Project; (ii) that the warranties, covenants and representations of the Developer contained in the Financing Agreement and the Regulatory Agreement remain true and the Developer remains in compliance therewith; (iii) units or of the units in the Project were occupied by Qualified Tenants; (iv) units or % of the units in the Project were occupied by Project Qualified Tenants; (v) units or % of the units in the Project were occupied by Additionally Qualified • Tenants as defined in the Regulatory Agreement; and (vi) the representations set forth herein are true and correct to the best of the undersigned's knowledge and belief. Attached hereto is a separate sheet listing the apartment numbers of each unit and indicating which units are occupied by Qualified Tenants, Project Qualified Tenants and/or Additionally Qualified Tenants, the size (number of bedrooms) of such units, the rents currently being paid in such units, and the names of Qualific ? Tenants and Additionally Qualified Tenants who commenced or tRr.tn..—id occupancy of units during the preceding six month perioa %'.inning January 1 or July -1 as applicable. - • Developer Date: , 19_,. LMC898 87/09/09 • .,t....r.r.. .- •-.."J,d ti ,.tv .,� �.,� .n. .. .V•i.,...! .9 ,aY,j tY�f t. .Al..�.*,�.�i1r �: ,��,. <i. .v. ,�� .�'.w�. • Page _ of [Attach to Certificate of Continuing Project Compliance] 1i1 SEMI ANNUAL COMPLIANCE REPORT i WASHINGTON STATE HOUSING FINANCE COMMISSION MULTI-FAMILY RENTAL HOUSING PROGRAM Reporting Period through el Tenant Quali- 11 el• Apt. Tenant fication Family # of Current Move-In r- Number Name Code* Size Bedrooms Rent Date Cr▪) is ti i a • * Q = Qualiti. ' P = Project Qualified A = Additionally Qualified LMC898 87/09/09 i•� 1 y f . . ----------T"--, m--------1---117 •� Y .a r , 1 r'. r t 1r tv.r.�ty��; y�r* , ,�,-� ..„� >/sr ;.r '" >w}4 .G; f. ,•�fir .1' r:.:t: .t r r i r� ✓ .i K f:c,,7 0�y: i r r�._ r ` ' r am 4' ,i, M�.�y v -. y 1 ti �'' Q.%. A.%.cl. 3 ..-J;. V /a 07.✓ H.:ii:t �t Atr, 4 ±—Nf t�_ a.. raF+ .L.`�.£ •Q�#2.-4�7 yr4U4:; .1 `F"e r°'z ..t .lam- 4 t -,...o.++r-. -A - __•._..______-. ..____ _ ._.____ . __.. ar " j EXHIBIT G To Regulatory"Agreement (40 MONITOR'S CERTIFICATE OF DEVELOPER'S COMPLIANCE WITH SECTION 3(d) OF REGULATORY AGREEMENT r'4 • , as Monitor under a Regulatory � Agreement dated , as amended and supplemented 0 ti HEREBY CERTIFIES with respect to the compliance of li 2) ("Developer") with the provisions of Section 3(d) of the certain Regulatory Agreement dated _ . between Developer and ("Lender") : The Monitor has received copies of the: (a) Rental Eligibility Applications; (b) Determinations of Tenant Eligibility; (c) Developer's Statements; and (d) Income Verifications, where required, with respect to __ units of the Project. I1' ' CTrESS WHEREOF, the Monitor has executed this document this _ day of By• Its Vice President I} j LMC898 87/09/09 f....., . — , --- —ilisiv....., t . .v _ . ' _ :4 • .lq. . :1 _ ../I -:eF,:y..-C. �.5:. 'i:.4k'N.r'..a.,.y+. •. '.7i•w:'..0 t.. ': ..' "r•,r;4wr....ti:..-.�i.+u .'' 4 th, _ r„r 1 ,I . 1 EXHIBIT H ;'I To Regulatory Agreement i CERTIFICATE OF COMPLIANCE WITH { REGULATORY AGREEMENT AS OF CLOSING 1 (the "Developer") HEREBY CERTIFIES to (the "Mortgage Lender") and the Washington State Housing Finance Commission (the "Commission") with respect to the certain Mortgage Loan to be t funded with proceeds from the sale of the Commission's Multifamily CMortgage Revenue Note: ' r. ,(1) The Developerhas duly executed a Regulatory Agreement datedand a Financing Agreement dated ii Z (the "Agreements"). aD (2) The representations anu warranties of the Developer con- • tained in the Agreements are and remain true as of the date • 1 . hereof. h (3) There are units in the Project. The Developer has obtained executed leases or rental agreements for _ units of the Project, of which households entering into such leases or rental agreements are Qualified Tenants, households are Project Qualified Tenants, and households are Additionally Qualified Tenants (if applicable) (as those terms are defined in the Agreements) . With respect to each such household the fol- lowing documents have been submitted to the Mortgage Lender, the Trustee for the Commission, and the Commission: (a) Rental Eligibility Applications; (b) Determinations of Tenant Eligibility; and (c) Income Verifications, where required, with respect to units of the Project. (d) Developer's Statements. Developer has set aside units of the Project for Quali- . fied Tenants, Project Qualified Tenants and/or Additionally Qualified Tenants (if applicable) . LMC898 87/09/09 — .._. a _ _ .. . -• 4 N • r . � w-.Y..r.v:...�.....�•.ewwa.�.._-�.=..:-y.._._.._..mac.+.-az.-mar_%ua�__.m.t�::....:ass•v-..,�.o....-t�y,_v ..,...._.._ ..__..w-r �... .. .. i. • • IN WITNESS WHEREOF, the Developer has executed this document this day of • • .\11 • DEVELOPER • • ! By Its Ir"t C) • • • • 1 1 • LMC898 87/09/09 - •' •. ...4'.. ^�� w+• 'd•! iAii 4a.1,:"�'=..�w-'..�- y.y.,. wA i•.11 (t'� D .. . :.�', s: ",.Y j� �+ ;•�:h + ..� ;.13,f �� tom• �f^...! �i�i�. .y�,t•.f i�,7- �µ«L++�j.,;.i• .. Mr':i. ,. 7 t... r`t 5 . .- Warr._. ....,....-.-r..,..••,. ...__...• J • EXHIBIT I • PROJECT DESCRIPTION 11111 1 The project has two phases, Phase I will consist of 9 3-story woodfreme buildings containing 100 units with a mix of 1 and 2 bedroom units. Phase II will consist of 8 4-story woodframe buildings containing 256 units with a mix of 2 and 3 bedroom units. . Each unit will contain a range, refrigerator. dishwasher, garbage disposal. fireplace, carpeting and either a deck or a patio. In addition. some will, have in-unit washers and dryers. 44 sThe project will also contain two recreational facilities, including a tennis and sports courts and swimming pools, laundry facilities and 1 ,4 parking for e08 cars. t m 1 1 • REN-DES - w -r- ot- �?rn+4,01,••w•r sir _ 444114611144.N • -• I ti .. •w.a Ai p. 1S W. . r S .y� 4 '•w •...tj t 1 ��i. 0 1. ..3•,� a fir . � 1 Y'� r .n. .� } +Y } . . r ,� .,N :,..,�►�- r rr. a"�* �r : r r.::' :r ;��r s r r.��wyy,a� vr. F... .ns.a • 'L:...r.� .�'.'. -f. . •�7 /"� � .,44.i. .�Y'� ♦ �y'NA IMY.�..4#.I•.491.-C(.i�SFw'{w,�•.'ti,. • EXHIBIT J CLOSING CHECKLIST - MONITORING REQUIREMENTS PROJECT NAME: Coverned by: 11 Pre-1986 tax law '4 1 1 1986 Lax law 0) 11 Both V3 If under two tax laws, please indicate how many units are governed by each tax law: _ Total number of units in project: _ Total number of units in each phase: Phase I Phase II Phase III Phase IV Total number of Qualified units required (80% of area median income: Phase I Phase II _ Phase III _ Phase IV Total number of Additionally Qualified units required (50% of area median income): Phase T _ Phase II _ Phase III Phase IV Projected Rent Up Date: servicing Lender: Monitoring Lender: • LMC898 87/09/09 1 � -JO•r..c• a �... • : i �,.� a-. ✓' t �.)rr „ 1I _. �vv r."4 K�♦Ik r y- •�� , !� i- •�] sl ''/ 1. I� ,M �I• � 1• �1.1r. 1'ti, �'. id s%��:.'ll�(�'V. `WY}N �rjl,4yY{eI..r •• EXHIBIT K PARCEL • That portion of the southwest quarter of Section 18, Tovnahip 23 Korth, Range 5 East, N.M., in King County, Nuhingtnn,' described es follows' • Commencing at the southwest corner of said Section 18. from which the south one-quarter corner of said Section 18 b".ars mouth 89'10'04' east; thence north 44'25'22' east for • distance of 831.54 feet to • point on the northerly boundary•of the Pacific Coast Railroad right-of-way as shown on the main line right-of-way and Track Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the w' Burlington Northern Railroad, said point also being on the southerly 04 boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plate, page 7, recorded under Recording r. Number 433749, in King County, Washington; thence north 39'50'39' west 664.43 fest to a point on the northerly line of the westerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder's lumber 8208110369 which is the southeasterly terminus of the new lot N line between lots A and B. City of Rentoq Lot Line Adjustment No. OC 018-86 as recorded uncial' King County Recording Number 8703169005 and the true point of beginning; thence north 33'18'55' west 69.88 feet alorg said new lot line to the centerline of vacated Earlington Avenue S.W.; thence north 18'27'03' east 159.27 feet along said centerline to its intersection with the southerly line of an alley through blocks 12 end .0; said plat of Earlington; thence south 71'34'15' east 310.06 feet along said southerl" line to the northeast corner of lot 21, said block 12; thence north 18'27'19' east 200.51 feet along the northerly production of the east line of amid lot 21 to the southerly right-of-way line of Sunset Boulevard (State Road No. 2); theoze north 89'27'36" east 127.73 feet along maid aouthsrly right-of-way line to the east line of lot 24, bLock 7, said plat of Earlingtoo; 'thence south 18'27'29' vest 97.95 feet along said east line and its southerly production to the centerline of vacated S.W. 4th.Place; thence south 71'36'13' east 40.01 feet along said centerline to the • westerly terminus of the new lot line between lots A and B, City of Renton G.L.A. No..016-86 as recorded under 'Vino' County Recorder s (lumber 8703169003; ,thence south 76'13'16' east 108.80 feet along the northerly line of said lot 8 to the westerly line of the northerly portion of that ertain tract of lend conveyed to the Cit} of Renton by deed recorded under King County Recorder's Number 8208110369, thence southerly along maid westerly line and westerly alo„q the northerly line of the westerly portion of said trect the following courses; south 32.57'51' west 150.01 leer to a point of curvature, the radial bearing of which extends south 57'02'09' east 330.00 feet; thence, along the arc of this curve to the left through a cents-,angle of 27 17'12', an arc distance of 157.16 feat to • point of reverse curvature, the radial bearing of which •xtwnde north 64'19'21' west 20.0C feet; thee:* alon4 the arc of this curve to the right through a central angle of 81 47'12', an arc distance of 28.55 feet to • point of tangency; ,thence south 87'27'51' vest 38.50 feet to a point of curvature, the .radial bearing of which extends north 02'32'09' west 270.00 lest; thence along an crc of this curve to the right through a central • angle of 21 00'00", an arc distance of 98.96 feet to a point of tangene;, • thence north 71'32'09' west 253.54 feet to • point of curvature the radial bearing of which extends north 18'17'51' east 45,00 feet; thex• along the arc of this curve to the right through a central angle of 33 32'26', an arc distance of 26.36 feet to a point of reverie curvature, the rad_a1 bearing of which extends south 52'01'17' west 45.00 feet; thence along the arc of this curve to the left through • central angle of 85 20'13", ar arc distance of 67.02 feet to the true point 'of honin.inai --�� ... •y ,R}.�:Sff.;, .:�..,.. ,.'ti[ .r2.•rh •7. Kv: w .. �w: ] •- r. , :�y-i';° - 'Ji7c�i w•. .., :,!e'jT :l .'ij jr fi -tit 41..."Ate^ k'+ ;i.'t';: ..4 (.� y#;y. .r.�. ;i,./;t 1 y •i t ir4. �- �.,.'•• . 1-l. r r '�,. :I�/t�4..�tT:'S.'+.��i'i�o4' ;'' • _•s+,tA awe°. ) • ..;.T ,-`L'7kA.C•i;�`_ ' EXHIBIT K PARCEL (i. 1 That portion of the southwest quarter of Section 18, Township 23 Korth. Range 5 Last. M.M., in King County, Washington,' described as follows • Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bs.ar■ south 89'10'04" east, thence north 44'25'22' east for • distance of 831.54 feet to • point ' on the nortnerly boundary•of the Pacific Coast Railroad right-of-way as shown on the main line right-of-way and Track Nap, Pacific Coast 9"4 Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of farlington, according to tNe plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 39.50'39" west 664.43 feet to a point on the northerly Wel line of the westerly portion of that certain tract of land conveyed • to the City of Renton by deed recorded under King County Recorder's CD Number 8208110369 which is the southeasterly terminus of the new lot line between lots A and I. City of Rentoq.Lot Line•Adjustment No. on B 018-86 as recorded under King County Recording Number 8703169005 and the true point of beginning; thence north 33'18'55' west 69.88 feet along aaid new lot lino to the centerline of vacated farlington Avenue S.W.; thence north 18.27'03" east 159.27 feet along said centerline to Its 4 intersection with the southerly line of an alley through blocks 12 , and 13, said plat of Earlington; thence south 71'34'15" east 310.06 feet along said southerly line to i • the northeast corner of lot 21, said block 12; thence north 18'27'19' east 200.51 feai along the northerly production of the east line of said lot 21 to the southerly right-of-way line of Sunset Boulevard (State Road No. 2); thesze north 88'27'36" east 127.73 feet along said southerly c • right-of-way line to the east line of lot 24, block 7, said plat of Rarlington; R 'thence south 18.27'29" west 97.95 feet along said east line and its i southerly production to the centerline of vacated S.W. 4th.Plece; . I thence south 71.36'13" east 40.01 feet along said centerline to the vesterly terminus of the new lot line between lots A and B, City of Renton L.L.A. No..016-86 as recorded under King County Recorder's i number 8703169003; • I . • ,thence south '76'13'16" east 108.80 feet along the northerly line of said lot B to the westerly line of the northerly portion oi''that '" i certain tract of lord conveyed to the City of Renton by deed . I 'recorded under King County Recorder's Number 8208110369; thence southerly along said westerly line and westerly along the- northerly line of the westerly portion of said tract the following 1 courses, south 32'57'51" west 150.01 feet to a point of curvature, the radial bearing of which extends south 57'02'09" east 330.00feet, thence, along the arc of this curve to the left through a contr. ' angle of 27 17'12", an arc distance of 157.16 feet to • point of reverse curvature, the radial bearing of which extends north 84'19'21' west 20.0C feet; • thence along the arc of this curve to the right through a central angle of 81 47'12", an arc distance of 28,55 feet to • point of , tangency; . ,thence south 87'27'S1' vest 38.50 feet to a point of curvature, the .radial beating of which extends north 02'32'09' west 270.00 feet; thence along an ore of this curve to the right through a central angle of 21 00'00", .en arc distance of 98.96 feet to a point of tangent;; • . • thence north 71'32'09" waist 253.54 feet to a point of curvature the radial bearing of which extend• north 18'27'51" east 45.00 feet; thence along the arc of this curve to the right through • central angle of 33 33'26", an arc distance of 26.36 feet to a point of reverse curvature. the raelal bearing of which extends mouth • S2'01'17" vest 45.00 feet; • thence along the arc of this curve to the left through • central angle of 05•20'13', an arc distance of 67.02 feet to the true point 'of bosinnino; yI 1 1 .,r f 11 N.J. -,[ b741.1.1 7. 4:004^.03.•1..,e '"i r •.c. `"f ,4:•' ,�`:5 A�„ •. om t , /- •,i • • sat .,. wr .. J t ,� .'r,ts.•• .{q - .Q' N l,..ri!,,T F>f'�•' p, I;1'�• •LS" .w c , .s,,A!iy I.. ! •a a••6,'. .. V„1y , r r� . • •C _: .4MBmmsmrr TOCITfl* WITM that portion of the southwest quarter of Section 18, Tuumship 23 North, Range 5 East, M.M., in King County, Washington, 4secrlbed es follows. apsenorng an the soutAvest•eornarot`said'Section it, from which the south ens-quarter corner sf said Section 1S bears south f2'10'04' east, • thence north 44'25'22' east [or a distance of 831.54 feet to a point en the northerly boundary of the Pacific Coast Railroad right-of-way as shown ou the main line right-of-way and Tract Map, Pacific Coast Railroad, Sheet S of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary of the Pint of [arlington, according to the plat thereof recorded in Volume x4 of Plats. page 7, recorded under Recording } Mmaber 433749, in King County, Washington, thence north 16'14'15' oast S47.09 fest to a point 'on the easterly ' line of the northerly portion of that certain tract of land conveyed • to the City of Renton by deed recorded under King County Recorder's Amber 8208110369 and the true point of beginning, thence north 32'37'51' east 147.40 feet along said easterly line to the northwest corner of'lot B, City or Renton Lot Line Adjustment amber 014-86 as recorded under King County Recorder's Number •8703169002t thence north 80'29'SB' east 138.30 feet along the north line of said lot I to a point on the centerline of a vacated alley through block 8, said plat of [Arlington, thence south•iS'27'39' west 26.29 feet along said centerline to the northeast corner of vacated S.M. 4th Place, so vacated by City of Renton Ordinance No. 3650, thence south 09'30'02' east 90.63 feet along the east line of raid vsested S.M. 4th Place and along the new lot line between lots A and 8. City of Renton Lot Line Adjustment Number 015-86 as recorded under King County Recorder's Number 8703169001j thence south 45°27'Sl' best 176.21 feet along said new lot line and along the net, lot line between lots A and B, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County Recorder's Number 8703169004; thence. south 75'27'S1' west 70.00 feet along said new lot line, thence north 79'05'02' west 69.72 feet along said new lot line to a . point on the easterly line of the northerly portion of that certain • • tract of lend conveyed to the City of Renton by deed recorded under { King County Recorder's Number 8208110369 and a point on a curve, the radial bearing of which extends south 79°05'02' east 270.00 feet, thence along said easterly line and along the erc of this curve to the right through a central angle of 22•02'53', an arc distance of 103.90 feat to the true point of beginning. • • • • f ' • • 1 •v • _..�. Ja .rem... � c .•. -/' r .--•arj • `.r. . yih J•, rr ♦- err , .: � X•C:r.±r,�iti rF„ , r r� .�. y 1, 01 ..:,� -•r.- �.,. ;:y ••Y%Pi:hl:, � �illt y?�r.}-: ',►• w (r 3 y • f . �.t. 9. t ry h4 ti t v. ►.,j: .:rx.'r.J "�•i$y •, a .... , 4� .+• ... v , p. 4 lrt ?p•� • • ' +•�."r•.�i o "t ±'�I W ', ,t:�Mj!•.v.•M.t,c..,'•, ems+. MIL - •, r .ate._. E .1 1 . rARcrs, t c That portion of the southwest quarter of Section 18, Township 23 North, Range S rest, M.M., in King County, Washington, described as follows,- ; ... ' Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89•10'04" east; thence north 44'25'22' east for • distance of 831.54 feet to • point on the northerly boundary of the Pacific Coast Railroad right-of-way 1 •.as shown on the main line right-of-way and Track Map, Pacific Coast .Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly Iboundary of the Plat of Earlington;,according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording i qp.4 Number 433749, in King County, Washington; • j (, thence north 76'33'09 east 310.48 feet to a point on the northerly (N4 line of the southerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder'• Number 8208110369 and the true point of beginning; thence north 44.32'09' west 163.85 feet along said northerly line to 9"4 a point of curvature the radial bearing of which extends north Cn 45 27'51' east 270.00 foot; ' ; 0 thence continuing along said northerly line and along the arc of tim this curve to the right through • central angle of 55'27'07' an arc on distance of 261,.31 feet to a point of non-tangency and the westerly terminus of the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County ' Recorder's Number 8703169004; I thence south 79.05'02' east 69.73 feet along said new lot line; I thence north 75'27'51' east 70.00 feet along said new lot line; I thence north 45'27'51' east 176.21 feet along said new lot line and along the new lot line between lots A and 5, City of Renton Lot Line i Adjustment Number 015-86 as recorded under King County Recorder's I Number 8703169001; thence north 9'30'02' vest 30.63 feet along said new lot line to ■ point on the north line of lot 3, block 11, said plat of Eurlington; thence north 80'29'58' east 350.73 feet along the north line of said 1 block 11,.its easterly production, and the north line of block 10, I said plat of Earlington to the northeast corner o,f the west 10.00 I feet of lot 2, said block 10; • thence south 18'28'49' vest 100.27 feet along the east line of said ; vest 10.00 feet to the north lino of an alley through said block 10, ! ' said alley running parallel with the north line of said block 10; • thence south 80'29'58' vest 61.01 feet along the north line of said r alley to intersect the northerly production of the vest line of lot 28, said block 10; • thence south l8'27'39' vest 18.11 feat along said northerly production tot , northwest.corner of said lot 28; I thence sr'•th .0"hi 58' west 9.06 feet along the westerly production 1 of the mart" 'ire of said lot 28 to the centerline of an alley i through said bock 10, said alley running parallel with the west 1 line of said block 10; thence south 18'27'39 vest 16.15 feet along said centerline to intersect the westerly production of the south line of said lot 28; thence south 71'32'21 east 109.32 feet along said westerly production and along maid south line to a point on the westerly line of the easterly portion of that certain trect of land conveyed to the City of Renton by deed recorded under King County Recorder'. Number 8208110369; 1 thence southerly and westerly along said westerly line and along the northerly line of the southerly portion of said tract the following courses, south 29'S6'06' west 85.73 feet to • point of curvature the radial I bearing of which extends south 60.03'54' east 330.00 feet; I thence along the arc of this curve to the left through a central Angle of 59 50'14" an arc _istance of 344.64 feet to a point of •• tangency; j thane south 29'54'08' east 57.11 feet to a point of curvature the 1 radial bearing of which extends south 60'05'S2' west 20.00 feet; thence elong the arc of this curve to the right through a central angle of 101'32'13• en aro distance of 35.44 feet to • point of - " t compound curvaturo the radial bearing of which extends north . 1S•21'15' west 270,00 fest; 1 S il 1 • •... "= k!- • ' w m• ti - ,• t ir-14./YZ,••,. a:1, - 'n l' 'I. :.4••• ..et,;• t,. ♦.i.id 4'i ..V:i -� ,w 4. i# nl,,v e ' .i {., AEf. e�- r .fr -, '._ 1 rY. • 4Aa . ' 1G " r,.� „xf >�: o•* , .+ 1" 1l Mi • n.S ' f.,. •V4.4, -.p.4; •'S. .a i,r, .8ri_ c , _._ `"1[lfli�l""ti-i' a�!�a.�t:i.x �4ft:.ncJ:t�sD�r•f!'"+�N:+..^:.r...:r-s....c.r thence along the arc of this curve to the right through a central angle of 26 49'46' an arc distance of 126.43 feet to a point of tangency) thence north 11•32'09" vest 103.23 feet to a point of curvature the radial bearing of which extends north 08.27'S1' east 270.00 feet; thence along the arc of this curve to the right through • central `a angle of 37 00'00• an aro distance of 174.36 feet to the true point 01 beginning; T'OCKTHLR WITH that portion of the southwest quarter of Section 18. Township 23 North, Range S Last, M.M., in King County, Washington, described as follows, Commencing at the southwest corner of.said Section 18, from which i the south one-quarter corner of said Section 18 bears south 1 , 69•10'04', sett) thence north 44'25'22" east for a distance of 831.54 feet to ■ point on the northerly boundary of the Pacific Coast Railroad Right-of-Way as shown on the main line right-of-way and Tcact Nap, Pacific Coast Railroad, Sheet S of 12, Volume 2 - Washington, Records of the cio Burlington Northern Railroad, said point also being on the southerly e4 boundary of the Plat of Larlington, according to the plat thereof. recorded in Volume 14 of Plata, page 7, recorded under Recording , WI Number 433749 in King County, Washington; r. thence north 16614'15. east 547.09 feet to a point on the easterly gel line of the northerly portion of that certain tract of land conveyed CI to the City of Renton by deed recorded under King County recorder's ' Number 8208110369; thence north 32•57'S1' east 147.40 feet along said easterly line to the southwest corner of lot A, City of Renton Lot Line Adjustment WOO Number 014-86 as recorded under King County Recorder's Number 8703169002-and the true point of beginning; ,' thence continuing along said easterly line the following courses, north 32°57'51' east 2.60 feet to • point of curvature the radial I, bearing of which extends north 57'02 09" vest 430.00 feet; t thence along the arc of this curve to the left through • central angle of 14•30'00' an arc distance of 108.82 feet to a point of ) tangency; 1 thence north 18.27'51. east 52.90 feet to a point of curvature the radial bearing of which extends south 71'32'09' east 30.00 feet; thence along the arc of this curve to the right through • central angle of 64 17'58' an arc distance cl 33.67 feet to the southerly righ!-of-way line of Sunset Boulevard (State Road No. 2) and a point on a curve the radial bearing of which extends north 07'14'11' west 1492.39 feet; , j thence along said southerly right-of-way line and along the arc of I this curve to the left through a central angle of 03'56'14' an arc distance of 102.55 feet to • point of nontsngency on the centerline of a vacated alley through block 8, said plat of Earlington; i thence south 18'27'39° west 172,88 feet along said centerline to the •outheest corner of lot A, City of Renton Lot Line Adjustment Number 014-86 as recorded under King County Recorder's Number 8703169002; thence south 80.29'58* vest 138.30 feet along the south line of said lot A to the cue point of beginning; • , AND TOCi1n.:' ' 1TH that portion of the southwest quarter of Section 18, Township 23 North, Range 5 East, M.H., in King County. Washington, described as follows, e rw . 7' r J .r a/�" Y• .7 Try:[: t Y." lfrt:.-r a.• )•d•4:... y ��ff v.. 1t .4. t"pY��t • . 4.. ._ .,1._ 't `••,..,WO • O t �` .lY;q:i.2�%e"y ti�e r _:1'w2M"VwM:k•IyFq,6T:•• 0' Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south :. :ixl ,;: , PB'10'04' east; '''' ' '• ":' thence north 44e25'22e east for a distance of 831.54 feet to • point on the northerly boundary of the Pacific Coast Railroad right-of-way f as shown on the main right-of-way and Track Nap, Pacific Coast Railroad, Sheet S of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly boundary, of the Plat of Earington, according to the plat thereof - reeorded in Volume 14 of Plats, page 7, recorded under Recording ;Amber 433749, records of King County, Washington; 'hence north 07'24'23" east 464.07 feet; u',_ T'yl thence north 71.32'09", west 135.00 feet; thence north 23'22'386 west 129.26 feet to the northeast corner of 410 lot 21, block 12, said plat of Lurlington; N thence north 18.27'19" east 200.51''feet along the northerly . r64 production of the east line of said lot 21 to the southerly ' +. right-of-way line of Sunset Boulevard (State Road No. 2); 90 thence north 88.27'36" east 127.73 feet along said southerly 7 right-of-way line to the east line of lot 24, block 7, said plat of Harlington; thence south 18'27'29" west 97.95 feet along said east line and its , southerly production to the centerline of vacated S.M. 4th Places gi thence south 71'36'13" east 40.01 feet along raid centerline to the westerly terrine of the new lot line between lots A and D , City of Renton Lot Line Adjustment Number 016-86 as recorded under King County Recording Number 8703169003 and the true point of beginning; thence north 16 27'31" east 112.47 feet along the southerly production of the east line of lot 25, block 7, said plat of Earlington,and along said east line to the southerly right-of-way . line of Sunset Boulevard (State Road No. 2); thence north 88627.37" east 60.80 feet along said southerly right-of-way line to a point on a curve the radial bearing of which extends north 01.32'23" vest 1482.39 feet; _ , thence along said southerly right-of-way line and along the arc of this curve to the left through a central angle of 00655.24", an arc distance of 23.89 feet to the westerly line cf the.northerly portion of that certain tract of land convoyed to the City of Renton by deed .. recorded under King County Recorder s Number 8208110369 and a point of reverse curvature the radial bearing of which extends south 5 02'27.'47' east 30.00 feet; thence along said westerly line and along the arc of this curve to the right through a central angle of 110.55'38" an arc distance of 58.05 feet to a point of tangency; thence south 18'27'S1" west 12.07 feet along said westerly line to a point of curvature the radial bearing of which extends north 71'32'09" west 370.00 feet; thence along said westerly line and along the arc of this curve to , the right through a central angle of 14'30'00' an arc distance of 93.64 feet to the easterly terminus of the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 016-86 as + recorded under M.. s County Recording Number 8703169003; thence nort: 7a'13 lu" west 108.00 feet along said new lot line to i the true point .• .eginning; AND TOGETHER WITH those portions of the southwest quarter of Section 18, Township 23 North, Range 5 East, M.M., in King County, Wachington, and of the southeast quarter of section 13, Township 23 North, Range 4 East, M.M., in King County, Washington, described as follows, Commencing at the southwest corner of said Section 18, from which the eti'uth one-q•sarter corner of said Section 18 bears mouth 89'10'04" east; thence north 44.25'22" east for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad right-of-way ti as shown on the main line right of way and Tract Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Recordo of the . i 1 Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plate, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 71.29'12 west 484.56 feet along said southerly boundary-to the southwest corner of Sunpoint• Condominium, Phase I as recorded in Volume 64 of Condominiums, pages 75 through 85 under King County Recorder's Number 8307200969 and the true poic.t of 4 beginning; + ... • d y.��•+. •' is T� % V itiN w ,i pia:, r, .' y:..,a{ J' K .:A. .�,i ;�'c •Y.•Yi r!`1'+[ :4••rik!•• - y ..•..! .,.. „..;!4.,� s,-�, 'b« .,._ .vim'•'{ -r p4A,'i.l ir4.1`.r.1:V Z.". 4 sir,; 4 'a i N.1 ,rh 74 -. .,,.,'!' J.,41:w•• r•••11 r,'•,n' •` 1!yS;. i;:-, r.7, A4,�a,ti.....�' ,14.4.'.;,-uo,':P.4. .n"111r. tir';!`:4''�.X;,i•.�.-v,» illial _ • • •• 77,4;y-T; r7 rs ,: 715-Winar114 the.-Fait tihi of mild Condabiriw the follevind degasses. - •;nesth 18'27 51'.1$e00 91.7$ feet: . •• 1 '••:'F^'^r• t!(eneH.neetx 41'22!Sl', east 73.00:toots ' r, n .:thence'rattli 3at1�•irA.eeasst. 130 00 test-to-the southerly 1100 of.the .:_...� .� .. � � �s ertd•ti zaet a( load oo sv7•d Citr • orni .. ... • . . ,..._•. .• ..• _ �` - 20e1 036ii thence along said southerly line the following courses, north 71'32 09' west 23.00 feet to a point of curvature the radial bearing of which extends south 18'27'51' west 45.00 feet; thence along the arc of this curve to the left through a central angle of 33'33'26' • dist,-re of 26.36 feet to • point of curvature the radial bear'.,4 of which extends north 15'03'35' west 45.00 feet; thence along the arc of this curve to the right through • central ' angle of 161'46'40' an arc distance of 127.06 feet to the southeasterly terminus of the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 018-06 as recorded under King County Recorder's Number 8703169005; thence north 33'18'SS' west 69.88 feet along said new.lot line to the centerline of vacated Karlington Avenue B.M.; thence north 18'27'03' east 159.27 feet along said centerline to its intersection with the southerly line of an alley through blocks 12 and 13, said plat of Carlington; thence north 71'34'15' west 215.66 feet along said southerly line to ti the southerly right-of-way line of Sunset Boulevard (State Road No. 2= and • point on a curve the radial bearing of which extends north • S 26'21' east 1502.39 feet; thence along said southerly right-of-way line and along the arc of this curve to the right through a central angle of 7'59'25' an arc distance,of 209.52 feet; thence south 18'27'51' west 260.00 feet; thence south 89'27'!1' west 70.00 feet; thence south 18'27'S1' west 154.00 feet; thence south 52'32'09' east 70.00 feet; thence south 18'27'51' west 58.11 feet to the northerly boundary of said Pacific Coast Railroad right-of-way; thence south 71'29'16' east 558.15 feet along said northerly right-of-way boundary to the true point of beginning. • ,•. • • .j •z ' - , te• . +{",•• j•k'.ft.%^jM,.. r 0,/#1:," •• ,!; :r Tt S •� � a'' xl ./y4$1, !• I•^~ '•AS11 d' . • tiv , ,e• i L..+•..-a•.....,., ..11'... N ^ - , ter, RECEIVED THIS DAY• SEP IT 2 17 I11 '81 DY THE DIVISION OF RECORDS? ELECT OS KING COUNTY t4? to CM ASSIGNMENT AGREEMENT CD ap Between WASHINGTON STATE HOUSING FINANCE COMMISSION 2.4 and t FIRSTIER BANK, NATIONAL ASSOCIATION, as Trustee 0 rr .4 This instrument was prepared by: KUTAK ROCK & CAMPBELL 1650 Farnam Street Omaha, NE 68102 Attention: Kenneth R. Cook, Esq. 87i09/17 l$1253 A RECD F 25.0n CASHSL »14..125.00 55 n) 9526Q rl, l .. _ _ ... ...�.... ., ....... .. �. .. .I`y • `z ASSIGNMENT AGREEMENT THIS AGREEMENT dated September 1, 1987 is by and between WASHINGTON STATE HOUSING FINANCE COMMISSION, a public instrumentality of the State of Washington ("Commission") , whose address is Suite 1090, Dexter Horton Building, 710 • Second Avenue, Seattle, WA 98104, and FIRSTIER BANK, GO NATIONAL ASSOCIATION, a national banking association, in its 04 r1 capacity as Trustee under the below mentioned Lender Loan N. r4Agreement and Indenture of Trust ("Trustee") , with its CD t principal office located at 17th and Farnam Streets, Omaha, CID Nebraska 68102. WITNESSETH: • WHEREAS, Sunpointe Associates Limited Partnership ("Borrower") is owner in fee of the premises situated in Renton, Washington, as more particularly described on Schedule A annexed hereto (the "Premises") ; and WHEREAS, Borrower proposes to construct certain 4Lna vements (the "Improvements") on the Premises to consist r of a multifamily residential rental development (the Premises and Improvements shall hereinafter be collectively referred • to as the "Property"); and WHEREAS, in order to provide construction and permanent financing for the development of the Premises and the Improvements, Washington Mortgage Corporation ("Mortgage Lender") has agreed to make and Borrower has agreed to accept 4 • _. . - • a project loan (the "Project Loan") in the principal sum of $18,755,000, to be advanced to Borrower pursuant to a certain • Loan Agreement dated the date hereof among Commission, Mortgage Lender and Borrower (as the same may hereinafter be amended, modified, extended and/or assigned, the "Loan Agreement") as described on Schedule B annexed hereto and a VI certain Construction Loan Agreement dated the date hereof 04 between America First Tax Exempt Mortgage Fund 2 Limited r w Partnership ("Fund") and Borrower (the "Construction Loan 01 0 Agreement"); and CID WHEREAS, pursuant to that certain resolution adopted by Commission on August 27, 1987 and that certain Lender Loan Agreement and Indenture of Trust (the "Indenture") dated as of September 1, 1987 among Commission, Fund and Trustee, Commission has issued its $18,755,000 Multifamily Housing Mortgage Revenue Note (Sunpointe Apartments Project) Series • 1987 in the aggregate principal amount of $18,755,000 (the "Nu' l") to Fund; and WHEREAS, pursuant to the terms and conditions of the Indenture and Loan Agreement, the proceeds of the Note shall be used by Commission to purchase the Project Loan frog, Mortgage Lender and be advanced from time to time pursuant to the terms and conditions of the Loan Agreement, the Indenture and the Construction Loan Agreement; and -2- t 9526Q • s• S'�<• Y:LTc.n..j::e re ,. :. •;7'.vste4:u.1„�:."4k:".7vN�'�'!'�il�"', _ --y"_ .�.. .-.M -. J• 1 R WHEREAS, Borrower has executed and delivered to Mortgage Lender a certain promissory note in the principal amount of $18,755,000 (as the same may hereinafter be amended, modified, extended and/or assigned the "Developer Note") as described on Schedule B annexed hereto; and N, WHEREAS, Borrower has executed and delivered to Mortgage CID 04 Lender a certain Deed of Trust, Security Agreement and Assignment of Rents and Leases encumbering the Premises in 1.4 CI CD the aggregate principal amount of the Project Loan and 7 GO securing the Developer Note as described on Schedule B annexed hereto; and WHEREAS, as additional collateral for the Project Loan, Borrower has executed and delivered to Mortgage Lender a certain Assignment of Rents and Leases and a separate Assignment of Agreements, Permits and Licenses and certain other collateral as described on Schedule B annexed hereto; and WHEREAS, the Project Loan will be disbursed by the Trustee pursuant to the terms and conditions of the Escrow Agreement dated as of the date hereof among Commission, Fund, • America First Participating/Preferred Equity Mortgage Fund, Developer and Trustee, the Loan Agreement, the Indenture and the Construction Loan Agreement; and WHEREAS, Mortgage Lender has executed and delivered to ♦ Commission a certain Assignment of Developer Documents dated -3- 95i6Q aL' 1.,.11111111111ftw_ Ate R • as of September 1, 1987 as described on Schedule B annexed hereto; and WHEREAS, Trustee has agreed to accept an assignment of the Trust Estate (as defined in the Indenture) upon the terms and conditions hereinafter set forth, which assignment shall be made by Commission to Trustee and its respective r, successors and assigns; NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and 7.271 sufficiency of which is hereby acknowledged, the parties Da ® hereto agree as follows: 1. Assignment. Commission hereby assigns, grants, transfers, sets over and conveys to the Trustee, as Trustee under the Indenture, and its successors and assigns, all of the right, title and interest of Commission in, to and under the Trust Estate, including, without limitation, the following: (a) The instruments and agreement3 listed and described on Schedule B annexed hereto (such instruments and agreements, together with the items referred to in Sections 1(b) through 1(g) hereof, are collectively referred to herein as the "Assigned Documents") ; (b) All certificates and agreements, consents, assignments and collateral assignments annexed to any Assigned Document; j -4- 9526Q 14/ "+w.yri. --" -,4. /-' Ir„'. •... .. .. _ 1 • • (c) Any and all property of every name and nature, now or hereafter transferred, mortgaged, pledged or assigned as security or additional security for payment and/or performance of any obligation of Borrower and/or the Mortgage Lender under any cf the Assigned Documents • and the liabilities, obligations and indebtedness CAD evidenced thereby or reflected therein; (d) Any and all insurance policies maintained in 1,4 connection with any Assigned Document; r. (e) The present and continuing right to make claim for, collect and receive any of the moneys, income, revenues, issues, profits and other amounts payable or receivable and/or performance on, under or pursuant to any of the Assigned Documents, to bring actions and proceedings thereunder or for the enforcement thereof, and to exercise all remedies, powers, privileges and i6 options and do any and all things which Commission and/or Mortgage Lender is or may become entitled to do under the Assigned Documents; • (f) All cash and noncash proceeds of all of the foregoing, including, without limitation, insurance proceeds and condemnation awards; and A (g) All moneys deposited or to be deposited in any accounts maintained or established pursuant to and in accordance with the Indenture and/or the Escrow t -5- 9526Q '4 • Agreement, except for those amounts specifically reserved to Commission pursuant to the Indenture. The term Assigned Documents shall not include the rights granted and amounts payable to the Commission under Sections 3.4(b) , 4.6, 5.5, 6.8, 7.4, 8.6 and 8.7 of the Loan Agreement. 2. Findings, Representations and Warranties of Commission. CZ (a) Commission hereby finds, determines and certifies to Trustee that the purchase of. the Project I CD Loan by Commission in accordance with the terms of the aAssigned Documents and this Agreement will further the public purposes of the Commission. �• (b) Commission represents and warrants to Trustee that: } (i) Commission is a public instrumentality and agency authorized pursuant to the provisions of the Chapter 161, Laws of Washington, 1983, and all future acts supplemental thereto and amendatory thereof (the "Act") , to issue revenue notes for the purpose of financing the cost of Projects (as defined in the Act) which provide decent, safe and • sanitary housing to low-to moderate-income tenants (as defined in the Act) . Commission has duly authorized the execution and delivery of this Agreement, the Commission Documents (as defined in -6- 9526Q • trr7 - .. .ram. lmompor 'iw--- _. _ . . . _ the Indenture), the Note and any and all other agreements relating thereto to which the Commission is a party. (ii) Commission has complied with all of the provisions of the Constitution and laws of the State of Washington, including the Act, and has full power and authority to consummate all transactions contemplated by this Agreement, the pit Commission Documents and the Note. vi 0 (iii) The adoption, execution, delivery and/or mperformance, as the case may be, by Commission of the Commission Documents and the Note have been duly authorized by all necessary action on the part fI� of Commission and do not and will not (A) violate any provision of law or any rules or regulations promulgated thereunder, (B) violate any applicable order of any court or governmental agency or authority, (C) violate any indenture, resolution, agreement or other instrument to which Commission is a party or by which Commission or any of its • properties or assets is or may be bound, (D) be in conflict with, result in a breach of or constitute . (with due notice or lapse of time or both) a default under such indenture, resolution, agreement or other instrument, (E) result in the creation or _7_ 9526Q Ga imposition of any lien, charge or encumbrance of CD r. OD any nature whatsoever upon any property or assets of Commission other than such liens, charges and encumbrances as are created by the Indenture and this Assignment or (F) violate the bylaws of Commission, as amended from time to time. The Commission Documents and the Note have been duly executed, delivered and/or adopted, as the case may be, by Commission and constitute legal, valid and binding obligations of Commission, enforceable against Commission in accordance with their terms (except that such enforcement may be limited by applicable bankruptcy, reorganization, insolvency and similar laws from time to time in effect and principles of equity regardless of whether such enforceability is considered a proceeding at law or in equity) . •(iv) No further action, consent, approval, registration or filing by or with any governmental - agency, bureau, commission or court is required in connection with the execution, delivery, adoption and/or performance, as the case may be, by Commission of the Commission Documents and the dote other than as have been (or will be, when required) made or obtained. -8- • 9S26Q 1 l_>_..1_. imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or assets of Commission other than such liens, charges and encumbrances as are created by the Indenture and this Assignment or (F) violate the bylaws of Commission, as amended from time to time. The Commission Documents and the Note have been duly VI Q0 executed, delivered and/or adopted, as the case may be, by Commission and constitute legal, valid and 110, binding obligations of Commission, enforceable Nagainst Commission in accordance with their terms GD (except that such enforcement may be limited by applicable bankruptcy, reorganization, insolvency and similar laws from time to time in effect and principles of equity regardless of whether such enforceability is considered a proceeding at law or in equity) . •(iv) No further action, consent, approval, registration or filing by or with any governmental - agency, bureau, commission or court is required in connection with the execution, delivery, adoption and/or performance, as the case may be, by • Commission of the Commission Documents and the dote other than as have been (or will be, when required) • made or obtained. • -8- 9526Q . . :.. .. 3. Trustee and Fund Authority. In order to effectuate the purposes of this Agreement, Commission hereby irrevocably and unconditionally severally constitutes and appoints each of Trustee and Owner as its true and lawful attorney-in-fact, with full power of substitution, to execute, acknowledge and deliver any notice, document, certificate, paper, pleading or r, instrument and to do in its name, place and stead all such UD acts, things and deeds for and on behalf of and in the name '4 r- of the Commission and/or the Mortgage Lender under. the O Assigned Documents which it or they could or might do or ti which may be necessary, desirable or convenient in Trustee's OD or Owner's sole, absolute discretion to effectuate the i purposes contemplated in the Assigned Documents, including, without limitation, the full power and authority, in Trustee's or Owner's sole and absolute discretion, as if l Trustee or Owner were the. sole party in interest under the i� Assigned Documents to take (except with respect to the independent right of the Commission pursuant to Section 4 .6 of the Loan Agreement to enforce the Regulatory Agreement) , M or defer from taking, any and all acts with respect to the admi-iistration of the Assigned Documents, including the right, power and authority to exercise any and all of the rights, remedies and options reserved to Trustee or Owner in, or given by law or equity to Trustee or Owner as the holder • of, the Assigned Documents or the beneficiary under the -9- 41 952KQ f Indenture and to take such other actions for the protection and preservation of the lien of the Assigned Documents and the Property should Trustee or Owner become the owner thereof by foreclosure or otherwise as may be necessary and appropriate. This power of attorney and the rights, remedies, powers C, and authority hereby granted by Commission are hereby Ca declared by Commission to be coupled with an interest and irrevocable and may be exercised by Trustee or Owner in the 01 name of Trustee or Owner or in the names of Trustee or Owner, r. x Commission and/or Mortgage Lender, as Trustee or Owner may at any time or from time to time determine, and Commission hereby confirms and ratifies all acts and deeds taken or to be taken by Trustee or Owner as attorney-in-fact. 4. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. 5. Notices. Any notice, demand, certificate, request, co.-reiica.ion or the like (collectively, "Notices") required or permitted to be given under this Agreement shall be given by overnight courier, postage prepaid, and addressed to the parties hereto at the addresses first set forth above or such • other addresses as the parties may for themselves designate in writing in like manner for the purpose of receiving Notices hereunder. Notices to (i) Trustee shall be marked -10- 95260 "Attention: John P. Cermak," and (ii) Commission shall be marked "Attention: Chairman" . Notices shall be deemed given when delivered to the courier, except that Notices providing for a change of address shall be deemed given when received. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of irl Washington. 04 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be considered 01 an original. CD 8. Changes and Modifications. This Agreement may not OD be changed, terminated or modified, orally or in any manner, without the approval of the parties and other than by an agreement in writing signed by the party sought to be charged therewith. 9. Further Assurances. Each party hereto shall take such action and deliver such instruments to any other party hereto, in addition to the actions and instruments speciftL+lly provided for herein, as may be requested or required to effectuate the purpose or provisions of this Agreement or to confirm or perfect any transaction described or contemplated herein. 10. No Waiver. No waiver by any party of any provision iof this Agreement or any right, remedy or option hereunder shall be controlling, nor shall it prevent or estop such -11- iR 9526Q • 1 .�..__ party from thereafter enforcing such provision, right, remedy or option, and the failure or refusal of any party hereto to insist in any one or more instances upon the strict performance 1 of any of the terms or provisions of this Agreement by any other party hereto shall not be construed as a waiver or relinquish- 1 ment for the future of any such term or provision, but the same shall continue in full force and effect, it being understood and VI agreed that the rights, remedies and options of Commission, 04 Trustee and Owner hereunder are and shall be cumulative and in V. addition to all other rights, remedies and options of Commis- , sion, Trustee and Owner in law or in equity or under any other • OD agreement. 11. Partial Invalidity. In the event that any provision . of this Agreement or the application thereof to any party hereto or to any circumstance er in any jurisdiction governing this Agreement shall, to any extant, be invalid or j unenforceable under any applicable statute, regulation or rule i of law, then such provision shall be deemed inoperative to the I - es-tent that it may conflict therewith and shall be deemed ld Lied to conform to such statute, regulation or rule of • • law, and the remainder of this Agreement and the application . of any such invalid or unenforceable provision to parties, jurisdictions or circumstances other than to whom or to which it le held invalid or unenforceable, shall not be affected thereby nor shall same affect the validity or enforceability of any other provision of this Agreement. -12- ii 9.i26Q 1 4 I � _ II Ili 12. Recitals. All of the recitals hereinabove set forth are incorporated in this Agreement by reference. 13. Paragraph Headings, Etc. The headings of paragraphs contained in this Agreement are provided for convenience only. They form no part of this Agreement and shall not affect its construction or interpretation. All references to paragraphs or subparagraphs of this Agreement • C7 refer to the corresponding paragraphs and subparagraphs of this Agreement. All words used herein shall be construed to be of such gender or number as the circumstances require. QThis "Agreement" shall mean this Agreement as a whole and as aothe same may, from time to time hereafter, be amended, supplemented or modified. The words "herein," "hereby," "hereof," "hereto," "hereinabove" and "hereinbelow," and words of similar import, refer to this Agreement as a whole and not to any particular paragraph, clause or other subdivision hereof, unless otherwise specifically noted. 14. Rights of Fund. (a) The rights conferred on Fund pursuant to this Assignment (i) are in recognition of the rights conferred on Fund under the Indenture as holder of the Note, which rights, by execution hereof, the E..cties • hereto expressly recognize and acknowledge, and (ii) shall inure to the benefit of any successor holder or • holders of the Note. -13- 9526Q 1 ...� __. _ i 4`+^try ___-_._ _ - an..,..�—a. .... .+w..r.+r��.�-�..^ten+..w�.......�....ww.r��.— �r+..e4�ii�Mniat['.�-i L - a.w_rw».-..-�•ua-..ff....... a�w. tar.ue-.w.� `,oaf,,,,. Aiiiinkabili • (b) The grant herein to the Trustee of any right, remedy, power or authority shall not be construed to limit, cut-off, abridge or otherwise impL ' r the rights and remedies conferred on the Fund pursuant to the Indenture including, but not limited to, pursuant to Article VII thereof. IiVI CO r • O OD 1 OD I 1 i • a r� S -14- 9525p . ____________ r _ • . _. -- ... -. . . .__ • IN WITNESS WHEREOF, the parties hereto have executed li this Agreement as of the day and year first above written. [SEAL]Atte t: WASHINGTON STATE HOUSING FINANCE COMMISSION .71—P-:e" Nam ,Tamps r. �Cira^hhauM---- � Ti le cm.,t. By Name Gerald L. .Sorte Title DeeigneP of Rohprt I S. O'Brien, Secretary 2 FIRSTIER BANK, NATIONAL C ASSOCIAT , s Trustee r. ,4 By i Name ;i_ i O Title v,P il • GD Assignment Acknowledged, Recognized and Consented To By: '; SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP, a Washington limited j partnership By The Axelrod Company,i a Washington fcorporation, Its i General Partner y !! b, 4✓1/n✓ x Name L e1 ie D A Title i By Shelter Corporation of ;(( Canada Limited, a ..3 Canadian corporation, Its General Partner a Title t'1e -15- 9526Q I 1r WASHINGTON MORTGAGE CORPORATION, a Washington corporation By, ,a-a-, Name ;S •* �✓ T i t l s _ � ��'"��/1 STATE OF WASHINGTOt; ) )SS. COUNTY OF KING ) 1 On this the 10th day of September, 1987, before me, the undersigned, a Notar Public in and for said State, Cl personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Chair a^.d Designee w4 of Secretary of Washington State Housing Finance Commission the municipal corporation that executed the within instrument. ' Q'?O WITNESS my hand and official seal. N I Notary Pu lic I ' STATE OF N$L�4eI ) OFFICIAL SEAL )ss. BEVERLY A. COOK COUNTY OF CI& AS ) NOTARY PUBUC•STATE OF WAZ 1 QT0N .IY GOMM:SSION EXPIRES: 10.1-90 On this the day of September, 1987 , the undersigned, a Notary P b ic in and for said State, } personally appeared hi) iY a//Ia. personally known to me or proved to me on the basis of satisfactory evidence to be t e .p son who executed the within instrument as the PC: ES/C4ltiof FirsTier Bank, National Association, the na*:u:?1 banking association that executed the within 1..:.r ament. . WITNESS my hand and offici 1 seal. s Ilamouisivriward-sial.',IVA. ' KENNETH R.C ` o t a Mubli ' c AMl Dome►Exp.Much T�i 1 -16- 9526Q i 1 i . . ' ' . _ STATE OF WASHINGTON) SS. COUNTY OF KING ) 1 On. this the 11th day of September, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared ALAN L. A}CLLICD personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of 1 The Axelrod Company the corporation that executed the within instrument on behalf of Sunpointe Associates Limited I Partnership, the partnership that executed the within i instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership 1 executed the same. WITNESS my hand and offic' seal. l i ,4I Notary P H r1 ' OFFICIAL SEAL al BEVERLY A. COOK STATE OF WASHINGTON ) NOTARY PUBLICSTATEOFWASHINGTON t- ) SS. MY COLIICSSIQN EXPIRES: 10.1.90 co COUNTY OF KING ) I ; On this the 11th day of September, 1987, before me, the undersigned, a Notary Public in nd for said State, I ! personally appeared J. W. BEATI'Y personally known to me or proved to me on the basis of satisfactory evidence to be the II person who executed the within instrument as the Vice Pres. of Shelter Corporation of Canda Limited the corporation that I executed the within instrument on behalf of Sunpointe I : Associates Limited Partnership, the partnership that executed I the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partr,..-ship executed the same. ` " fNESS my hand and offi is seal. et,..6a2, : O . Notary Pu lic - OFFICIAL SEF STATE OF WASHINGTON ) BCVCRLY A. COOK NCTARY PUBLI:.STATE OF WASHINGTON COUNTY OF KING )SS MY CUI;41.S.ON EXPIRES: 10.1.90 On this the llth day of September, 1987, before me, the undersigned, a Notary Public in and for said State, it -17- I 95260 t _ _ - _ - _ • ,. personally appeared MUM ) SE[ ft personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Vice President of Washington Mortgage Corporation the corporation that executed the within instrument. WITNESS my hand and official, seal. Notary Publ' • CD OFFICIAL SEAL BEVERLY A. COOK NOTARY'JOLIC.STATE OF WAShiiNGTON MY CoMMISSIO3 EXPIRES: 10.1-90 tio • • 1 I, , 11 1 -18- 1 9526Q ..� 1..-.. .mow.-...ram .:__.. . .. .. ..__ ... ... - .. r+----��-ti.�..�ra. ws..�-.r.-�l+.M1r..�r�.�n w�_...�� w1.1*y�.�sle.•�.�.•-s.�wrt.w��Y�w.+w-r��r.�.n.n.- ..i�.r.... • .a .. ..._w.r. +w . ...+.......�..�.._�,._r.� ...... ... ... ..' j._ ..... r�... �,._.:_....r.� ..... !{ ':r. II 4 SCHEDULE B j; LIST OF DOCUMENTS I 1. Assignment of Developer Documents dated as of September 1, 1987 from Washington Mortgage i Corporation (the "Mortgage Lender") to Washington j; State Housing Finance Commission (the I "Commission"), recorded under Recording No. , in the records of the King County Auditor, King !i County, Washington; Ii 2. Promissory Note of Sunpointe Associates Limited w Partnership (the "Borrower") in favor of the 4 CI Mortgage Lender dated September I'7 , 1987 in the 1 N principal amount of $18,755,000; 1 D. 3. Loan Agreement dated as of September 1, 1987 among the Commission, the Mortgage Lender and the ! cl Borrower; 0 4. Deed of Trust, Security Agreement and Assignment of ii 10 a Rents and Leases dated as of September 1, 1987 from jj Borrower to Mortgage Lender and Stewart Title Company of Washington, Inc. , recorded under *V0111IDs7 Recording No.* , in the records of the King County i, Auditor, King County, Washington, encumbering the r Premises as collateral security for the Project .''''iLoan; I 5. Assignment of Rents and Leases dated as of I September 1, 1987 from Borrower to Mortgage Lender, 1 - ��ai= recorded under Recording No, r , in the records of rq rl aS9 the King County Auditor, King County, Washington, encumbering the Premises as collateral security for II the Project Loan; - 0 Assignment of Agreements, Permits and Licenses dated as of September 1, 1987 from Borrower to Mortgage Lender; 7. Assignment of Architect Agreement dated as of September 1, 1987 from Borrower to Mortgage Lender; 8. Assignment of General Contract dated as of September 1, 1987 from Borrower to Mortgage Lender; 9. Assignment of Plans and Specifications dated as of September 1, 1987 from Borrower to Mortgage Lender; ;; 9526Q 4 r .w --- ... ,41100LoweimPosolii*filsofts - . --- i , . . . . . . . . ..t.'::: -.... - . ):.:.;, i,,,,..: ..• 10. Regulatory and Monitoring Agreement dated as of 7.... '...;,',:H - '-'. ' ''. .:.: .!:', September I, 1987 among the Commission, Securities p7........... . _ ..,.4 ,:.... . .... ' Pinancial, Inc. and the Borrower; and A:-‘ • 11. Escrow Agreement dated as of September 1, 1987 and . . .f.' among the Commission, the Borrower, America First ',Participating/Preferred Equity Mortgage Fund and ' .:7.,FirsTier Bank, National Association, both as *,::,..,. ''-: - - --trustee under the within-mentioned Indenture and as escrow agent. - ,. ':- • . . . • • v..4 . , i•1 - eui - • 01 • • I iN, GO 1 . . I 1 . . • . . • .,.,. ...., . -. . . . . • . . . . . . . ",'..• •,::. . • . . ..1..::,.:,• . - - . ". • .• . , . • • . . . . , • . . • . - I • ,.: ' • . , • •. • • .:,... I • . —2— • . ...• . 95260 .. ... . . . . . . . . . " •• . ... . . . . • . • ‘.... : • : . . . - • • - - • - • • •...•i,' , —... ..-.... • • " -. . • .. ... • • 0 1 MI . • • r U . ..... % - • O = After Recording Return to: N t `91 1-. R. Mardelle Roberts e = Washington State Housing Finance Commission 3 Suite 2240, 1111 Third Avenue Bldg. o cc Seattle, Washington 98101-3202 8 W w N g N � TRANBFER AGREEMENT '- THIS AGREEMENT is made and entered into as of c , , 1992 by and between SUNPOINTE ASSOCIATES cc�, LIMITED PARTNERSHIP ("Developer") and the WASHINGTON STATE " ,', HOUSING FINANCE COMMISSION (the "Commission") . .. WITNE88ETH: v 1 1--_ WHEREAS, the Commission and Developer entered into a m co I',=c Regulatory Agreement, dated as of September 1, 1987, and recorded 01- (V September 17, 1987 in the official public records of King County, cow Washington, at Auditor's File No. 8709171261 (the "Regulatory WC' Cr) Agreement") with respect to a housing facility for low and = moderate income persons and families to be known as Sunpointe . Apartments (hereinafter the "Development") on lands located in ~ Renton, Washington and described in Exhibit A hereto (the "Property") . w ^ WHEREAS, the Agreement of Limited Partnership of Developer has been amended to reflect the admission of Sunset Terrace Investments, Inc., a California limited partnership ("General � ., S Partner") as the new and sole General Partner. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: • • -. 1. Developer reaffirms that it is a limited partnership § organized and existing under the laws of the State of Washington and is qualified to do business therein. 1 2. Developer represents that it is not in default under ; the terms of the Regulatory Agreement. ',. 3. The Commission hereby consents to the admission of M General Partner as the new and sole General Partner of the ,, Developer. This consent is not a waiver of the Commission's 1 right, if any, to require its consent with respect to all other Nk or future sales or transfers of the Development. 9 • ' 4. Developer reaffirms its agreement to perform all of its obligations under the Regulatory Agreement and to be bound by all of the covenants, terms and conditions thereof. .4 i i� 'i�..; :p;Y''£.'' -fit 1 , � s, d • • .. ...a ::-..._................._....:._.w...::-..._�.:7.3..::.r, :+`:..... utr::::,:..•.:.,..v.,,,....,,,,.....-...x --- --._-.. __ - • ___ •. r 12 . . .. • . x "' N. 5. This Agreement may be executed in several counterparts, • and as executed shall constitute one instrument, binding on all . c • the parties hereto, notwithstanding that all parties are not a • signatory to the original or the same counterpart. °0j IN WITNESS WHEREOF, the parties hereto have executed this • Agreement as of the date first written above. . 1 i1/4, WASHINGTON STATE HOUSING FINANCE COMM SION By /"---7---)7C4 ',/-10f— u. "' Executive Director r- !xz o SUNPOINTE ASSOCIATES LIMITED •-'w PARTNERSHIP, a Washington z= Limited Partnership le-)w By: SUNSET TERRACE INVESTMENTS, on c INC., General Partner trt I C i U. By L�l�f'i� J CQ Its 5xtc' v.P. ' STATE OF WASHINGTON ) j � COUNTY OF KING 01 ) ss. �• ion this IL+'', day of FeAoruaetA. 1992, before me personally appeared Kim personally to me known to be the Executive Director of the Washington State Housing Finance Commission, 'the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. ~.. • \-\A-ak...o—,_a_..... 2.4..)10...,A... _ NOTARY PUBLIC My commission expires: 5-iz-Ct4 :• 4=-•i7 • .�Ty], i SiIM,I. of •• _ r�q R•- 11K,c4- r f,t. 1 4. per• S • ,atef■F�'!�,b-J 1 • • • GEMMENO ...-:..v;.+.:.�:..i..�.:.�::.+v..uaw�....�.� �o_w.0 u1.m:/Y..�uc0C— r .•• . 41 ' ; I—I O 2 • CA \; STATE OF&/ '2 / COUNTY OF ¢i fJ//� ) On this ,•,� day f 1992, before me c personally appeared , , to me known to be the J - General Partner ofSunsetterrace nvestments, Inc., a California u - limited partnership that executed the within and foregoing rN instrument, and acknowledged said instrument to be the free and r;. a voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on' oath stated that he 0 was authorized to execute said instrument. LL y„ Or le no L iUL in_� N �;• 'Marlene Camp0.4 /1(6/YI&I !�,u,�errurC•Cxiroiwu C '<. • i,1. w,oreo=WM 'i -wc,".c.o... .o'nti My commission expires: 2 w - f~�yyWs 2 v F O W CI �,Gyo J CD F z •, , 1 "..,,,•'..2%...'i*.,_..?,.'..1...::l'.:.'i,:;•.:':,.:1; 4cit0002 1mioz K:";,— i Y z Y?k y 0 0 1 • rij ! : 0' EXHIBIT A z z v, • z '. I PARCEL IL. 2 ~• That portion of the southwest 4urtsr of Section 15, Township 23 o: • North, Bangs 5 Last, W,H., in King County, Washington; described as c , ( follows, J ' Commencing at the southwest corner of said Section 15. from which w • W the south one-quarter corner of said Section 18 beers south 89.10'04' east; .lf. thence north 44•25'22' east for a distance of 831.54 Cast to a point tZ•,•, on the northerly bounderyof the Pacific Comet Railroad right-of-way .. as shown on the main line right-of-way end Track Map. Pacific Coast w % Railroad. Sheet 5 of 11. Volume 2 - Washington, Records of the cc c t Burlinton boundary ofNorthern the Pl.tRoflroad, said point oleo t■rlington. according toltg on hhe platesoueo rly thereof U. recordad in Volume 14 of Plats. page 7. recorded under Recording ,n I-, Humber 433749. In King County, Washington; thence north 39.50'39' wait 664.43 fest to a point on the northerly f=••c , line of the waaterly portion of that certain tract of land conveyed _== ' to the City of Renton by deed recorded under King County Recorder's • Mueber 8208110369 which ls.thu southeasterly terminus of the. new lot w line be lots A and B, City of Renton Lot Line-Adjuetaant No. z;z•• • I 016-56 as recorded under King County Recording Ih;mbor 070316900E and the true point of beginning; =or thence north 33'18'55' west 69.05 feet along said new lot line to ' the centerline of vacated Erlington Avenue S.W.; o thence north 18'27'03' east 159.27 feat along said centerline to its i intersection with the southerly line of an alley through blocks 12 and 12." said,plat of Erlington; . thence south 71.34'15 east 310.06 feet along said southerly line to 4the northeast corner of lot 21, said block 12; } actthence north 18.27'19' east 200.51 feet along the northerly In production of the east line of said lot 21 to the southerly .production line of Sunset Boulevard (State Road No. 2); thence north 08'27'36' east 127.73 feet along said southerly � ,� ' right-of-way line to the east line of lot 24-, block 7, said plat of - -4' (N..; carlington; • 'thence south 18'27'29' watt 97.95 feet along said east line end its CV southerly production to the centerline of vacated S.W. 4th.Placs; thence south 71'36'13. seat 40.01 feet •long •aid centerline co the 1 ja: • westerly terminus of the new lot line b lots A and 6. City of Renton L.L.A, No..016-86 as recorded under King County Recorder's - Number 8703169003; ; • thence mouth 76•13'16' east 108.80 fest along the northerly line of said lot B to the westerly line of the northerly portion othat -" •certain'tract of land conveyed to the City of Renton by deed. 'recorded under King County Recorder's Number 8208110369; thence southerly along said westerly line and westerly along the northerly line of the westerly portion of maid tract the following south 3I'37'51' west 150.01 feet to a point of curvature, the radial • ••� bearing of which extendm mouth 57'02'09* east 330.00 feet; • ,... flume.along the arc of this curve to the left through • central angle of 27'17'12.. an arc diatancs of 157.16 fait to a point of reverse curvature, the radial bearing of which extends north 64'19'21' west 20.00 fest; thence along the arc of this curve to the right through • central angle of 81 47'12•. an arc distance of 28.35 foot to a point of • tangency; • . • ,thence south 57.27'51' vest 30.50 feet to • point of curvature, the . -radial bearing of which intends north 02'32'09' wove 370.00 feet, • thence along an arc of this curve to the right through a central angle of 21'00'00*,.an arc distance of 98.96 fest to a point of • •• tangency; i • thence north 71'32'09' vast 253.54 feet to • point of curvature the radial bearing of which extends north 16'27'S1. east 45.00 feet; thence along the arc of this curve to the right through a central angle of 33 33'26", an arc distance of 26.36 feet to a point of reverse curvature, the radial bearing of which extends south • J 52'01'17* west 45.00 feet: thence along the arc of this curve to the left through a central .. ..,... ._ ___ • Cl 02 feet to the true Point g u.. • E • !❑., 25 x 4 • • • • • • =® yno rHLR MIS' that portion of the southwest Quarter of Section 18, • Township 23 Worth, Woe 5 Lest, N.11., In King County, Washington, w i . described a• followlI ._encrnq at the •outnvs.t-corner•o r.efd'traction W. from which • the south one-quarter corner of said•action 18 bears south z I H'10'04' east.; . thanes north 44'25'22' east for • distance of S3I.54 foot to • point • = • re the northerly boundary of the Pacific coast Railroad right-of-wsy x as shown on the auto line right-of-way and Srect Map, Pacific Coast C Railroad, eh••t S of 11, Volume 2 - Washington. Records of the a Burlington Northam railroad, said point slag being on the southerly ✓ boundary of the Plat of Larlington, according to the plat thereof recorded in Volume 14 of Plata, page 7, recorded under Recording cc Humber 477749, in King County, HashinQtani La ` thence north 16.14'15• seat 547.09 fast to • point'on the easterly line of the northerly portion of that certain tract of loop conveyed to the City of Renton by deed recorded under King County lt•eorder • ,'^ Amber 8204110369 end the trv• point of beginning) w thence north 72•57'5l' east 147.40 face along said easterly Lice to , _ ' the northwest corner of' ot B, city or Renton Lot Line Adjuetasnt v+ Weber 014-e6 as recorded under King County Recorder'• Humber 11703161002s w 1- than• north eo•ls'le' east 138.30 Last along the north sins of meld LL lot I to a point on the centerline of a vacated allay through block . CC o 8, acid plat of Larlingtonl "r thence south•16•27'39' vast 26.29 feet along raid centerline to the N s- 1 northeast corner of vacated S.M. 4th Place, a• vacated by City of � �`" Renton Ordinance Ho. 3650s ( r= thence south 09'30'02' •a•t 90.63 feet along the east line of •aid_C7 1 vacated S.W. 4th Place end •long the new lot line between lots A and .. • '--'w e, City of Renton Lot Line Adju•ta•nt Humber 015-96 as recorded i z x I under King County Recorder's Humber 87031690011 w thence south 45.27'51''west 176.21 feet along yield newlot line and X o along the new lot lire• between lot■ A and e, City of Renton Lot Line • u Adjustment Humber 017-96 as recorded under King County Recorder'■ o w 1 Number 8703169004, rm o J{ thence south 75•27'51' west 70.00 feet along acid new lot lines 2 thence.north 79`01'02' vast 69.72 fast *long said new lot line to a. point on the easterly line of the northerly portion of that certain tL 1 - - tract of land conveyed to the City of Renton by deed recorded under • .. 1 King County Recorder's Number 0109110769 end • paint on • torus, the radial boring of which extends south 79'0S'O1' as■t 270.00 full thence along said aaaterly line and •long the arc of this curve to - • _ w G the right through a central enol• of 22'02'53 , •n arc distance of IPu I .41" , 103.90 feet to the true point of beginning. Lf7 1 \- 1 tv O CV ' i • • • • • • J • • �.G J•i '. .. \'t... • a�F• 'mot Y7 Z ` _�. 1 0 ...,seamzi 0 11111 fl I W ; i . U CD 2 ' i .PARCEL 111 2 I That portion of the southwest quarter of Section 18, Township 23 = •�, I North. Range S Sant, N.M., in King County, Washington, described as 1 I 7 I follow... a 1 = Commencing at the southwest corner of siid Section 18, from which the south ens-quartsr corner of said Section 18 bears south cc , 89'10'04' east, c ll thence north 44'25'22' oast for a distance of 831.54 fest to a point j I us' the'northerly boundary of the Pacific Coast Railroad right-of-way ..as shown on the main mine right-of-way and Track Nap, Pacific Coast w; .Railroad, Sheet S of 11, Volume 2 - Washington, Records of the • W 771 Burlington Northern Railroad, said point also being on the southerly -,(4 boundary of the Plat of tarlington:•according to the plat thereof ,n14,1 1 recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; )......- I thence north 76'32'09' east 310.48 fast to a point on the northerly Fd w line of the southerly portion of that certain tract of land conveyed cc.ato the City of Renton by deed recorded under King County Recorder's u- Number B200110369 and the true point of beginndn01 • w I.. thence north 44'32'09' west 163.85 feet along said northerly line to • point of curvature the radial bearing of which extends north .1.- 1 i 45.27'S1' slut 270.00 feet; ' r 2 w thence continuing along said northerly line and along the arc of e�•••• this curve to the right through a contra). angle of 55'27'07' an arc' w distance of 261.31•feet to • point of non-tangency and the westerly i 1=-. I terminus of the new lot line between lots A and 5. City of Renton o Lot Lino Adjustment lumber 017-86 as recorded under King County =t- Recorder's Number 8703169004; o w thence south 79.05'02' east 69.73 fest along said new lot line; C o• I thence north 75'27'S1' east 70.00 feet along said new lot line; w c thence north 45'27'S1' east 176.21 feet along said new lot line and x along the new lot line between lots A and 8, City of Renton Lot Line ' Adjustment Number 015-86 ea recorded under King County Recorder's L... l Humber 87031690017 thence north 9'30'02' west 30.63 fest along said newlot line to ■ ' point en the north line of lot 2, block 11. said plat of tarlington; C thence north 60'29'S8' east 350.73 feet along the north line of said block ll,.ita easterly production, and the north line of block 10, ., I ix, said plat of tarlingtoo to the northeast corner 0, the west 10.00 _ CO 'thence of lot 2, said block 10; • thence south 18•28'49' vest 100.27 feet along the east line of said vest 10.00 feet to the north line of an alley through said block 10, 0 ' said alley running parallel with the north line of said block 101 1 CV • thence south 80'29'58' west 61.01 feet along the north line of said • - C alley to intersect the northerly production of the vest line of lot 28, said block 101 thence mouth 18•27'39' vest 18.11 feet along said northerly production to the northvest.corner or meld lot 28; thence south 00'29'58' veer 9.06 feet along the westerly production of the north line of said lot 20 to the centerline of an alley 1 through said block 10, maid alley running parallel with the west 11 lino of amid block 10; thence south 18'27'39' west 16.15 feet along said centerline to intersect the westerly production of the south line of sakd lot 281 ` 1 thence south 71.32'21 east 109.32 feet along said vesteri9 production and along said south line to • point on the westerly line of the easterly portion of that curtain tract of land conveyed to the City of Renton by dud recorded under King County Recorder's • Number 81081103693 thence southerly and westerly along said westerly line end along the northerly line of the southerly portion of said tract the following courses. south 29•56'06" vest 85.73 feat to • point of curvature the radial 1 bearing of which extends south 60'03'S4' east 330.00 feet; thence along the arc of this curve to the left through a central angle of 59'50'14' an arc distance of 344.64 feet to a point of tangency; thence south 29'54'08' east 57.11 fest to a point of curvature the radial bearing of which extends south 60'05'52' west 20.00 feet; - thence along the arc of this curve to the right through a central angle of 101'32'13" an arc distance of 25.44 fest to a point or•'" coepound curvature the radial bearing of which extends north 10.21'S5' vest 270.00 feet; r�r � s" 25 x D . • • • • —— • ' t thence along the arc of this curve to the right through a central is.. . I angle of 26 49'46• an arc distance of 126.43 feet to a point of u tangency: Othence north 81'32.09" vest 105.25 feet to a point of curveturs the en • 1 radial bearing of which extends north 08•27'51' east 270.00 feet; • thence along the arc of this curve to the right through • central • ,.-. !. angle of 37 00'00' an arc ascents of 174.36 feet to the true point • of beginning; x ' I TVCtTNCR WITH that portion of the youths/stet quarter of Suction 18, 'c Tovnehip 23 North, Mange 5 Cast, N.M., In King County, Washington. I described as follows' n ,i I Coomencing at the suuthveet corner of acid SactiOn 18, from which _ J - the south one-quarter corner of said section 18 bears south 69'10'04' east; H 'I thence north 44'25'22e east for a distance of 031.54 feet to • point w•+ I on the northerly boundary of the Pacific Coas Ra t ilroad Right-of-Way - . ' -J"1'•1 as shown on the mein line right-of-way end Tract Map, Pacific Coast ��AI.•' • Railroad, Sheet S of 12. Volume 2 - Washington, Records of the -.,re. Burlington Northern Railroad, said point also being on the southerly '._ boundary of the Plat of Larlington, according to the plat thereof 1 recorded in Volume 14 of Plats, page 7, recorded under Recording . r co co u_ Humber 433749 in King County, Washington' u.. thence north 16'14'15' east 547.09 feet to • point on the easterly w Line of the northerly portion of that certain tract of lend conveyed to the City of Renton by deed recorded under King County Recorder • ?umber 0208110369 ~= thence north 32'S7'51" east 147.40 feet along Raid easterly line to .. the southwest corner of lot A, City of Renton Lot Line Adjustment .. • • w r17 Humber 014-86 as recorded under King County Recorder's Number z o- I `-� 8703169002•and the true point of beginning; V o thence conalouing along said easterly line the following courses' =1- north 32.57'51' east 2.60 feet to • point of curvature the radial bearing of which extends north 57'02 09' west 430.00 fast; co= • thence along the arc of this curve to the left through a central . angle of 1430'00" en arc distance of 108.82 (set to a point of a- tangency; thence north 18'27'S1" oast 52.90 fest to • point of curvature the La. l radial bearing of which extends south 71'32'09' east 30.00 fast; • t I 71: thine* along the arc of this curve to the right through a central angle of 64.17'58' an arc distance of 33.67 feet to the southerly - w m right-ot-way lint of Sunset Boulevard (State Road No. 2) and a point u Ion a curve the radial bearing of which extends north 07.14'11' west . N 1492.39 feet; , 0 thence along said southerly right-of-way line and along the arc of • — CV this curve to the left through a central angle of 03•56'14' an arc - ' . • distance of 102.55 feat to a point of nontangency on the canterlins 1.�' `� of a vsu fed alley through block B, said plat of Earlington, • thence south 18.27')9• vent 172,06 feet along said centerline to the southeast corner of lot A, City of Renton Lot Line Adjuetsent Number • '• 014-66 am recorded under King county Recorder's Humber 6703169002p . 1 thence south 80.29'56' vest 130.30 feat along the south line of said J lot A to the true point of beginning; AND TOCLTRER HITA that portion of the southv et quarter of Section ' • 16, Township 23 North, Range S Last, H.M., in King County, • Washington, described as follows: '�\ • i . L,...,„:„-:,.,::.:; , .,T 1, ••-cwr,►wsr+r�.. wrG 'L � l ` c t t , . , - ..s,,t.--rt� "'cM.�y,,.,�'j! »t . .}A-, Y�. :.iSai/'13A�.l I.fl _� j 0 0 - , :L'i--- Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of maid Section 18 beers south 89'10'04' east, thence north 44'25'22' east for • Militants of 831.54 feet to a point , on the northerly boundary of the ?stifle Coast Railroad right-of-way . es shown on the main right-of-way and Track Map. Pacific Coast I Railroad, Sheet S of 11, Volume 2 - Washington. Records of the i p=.- Burlington Northern Railroad, maid point oleo being on the southerly _ ccboundary.of the Plat of Earington. according to the plat thereof recorded in Volume 14 of Plats. page 7, recorded under Recording w •I Weber 433749, records of King County. Washington: -J thence north 07'24'23' east 464.07 feats H Li.; 1.1: thence north 71'32'09' west 133.00 feet; thence north 23'22'38° west 129.26 feet to the northeast corner of W�a I lot 21, block 12, sold plat of Earlington, - a thence north 18'27'19° east 200.51''fest along the northerly ' v,,k.l production of the meet line of said lot 21 to the southerly ' right-of-way line of Sunset Boulevard (State Road No. 2)1 C- 1 thence north 48'17'36' east 127.73 Lest along said southerly 1! right-of-way line to the east line of lot 24, block 7, meld plat of ee o Earlington) u thence south 15°27'29° west 97.95 feet along said east line and its "• ' southerly production to the centerline of vacated S.W. 4th Placer ....' I thence south 71'36'13' east 40.01 feet along meld centerline to the westerly terminus of the new lot line between Lots A and B City of v z Renton Lot Line Adjustment Number 016-86 as recorded under King '-'w County Recording Humber 8703169003 and the true point of beginning) i-= 1 thence north 18.27'31' east 112.47 teat along the southerly _I.- production of the east Line of lot 25, block 7, said plat of C) Carlington,and along said east line to the southerly right-of-way mi- lino of Sunset Boulevard (State Road No. 2): (Dui " thence north 88'27'37° east 60.80 feet along said southerly o right-of-way line to • point on • curve the radial bearing of which w extends north 01'72'23' west 1482.39 feet: H thence along said southerly right-of-way line and along the arc of M C this curve to the left through • central angle of 00'55'24', an arc distance of 23.89 feet to the westerly line of the.northerly portion In of that certoln tract oL land conveyed to the City oL Renton by dead recorded under King County Recorder's Number 8206110369 end a point C of reverse curvature the radial bearing of which extends south 02'27'47' oast 30.00 feat, i ,} �( thence along eaid westerly line and along the arc of this curve to _ the right through a central angle of lt0'SS'38' en arc die thnce of C\ 58.08 feet to a point of tangency; -� thanes south 18'17'51' vest 12.07 feet along said westerly tins to • --• point of curvature the radial bearing of which extends north 71'32'09' west 370.00 feats thence along slid westerly line end along the arc of this curve to the right through a central angle of 14'30'00' an arc diatsnce of • 93.64 feat to the easterly terminus of the new lot line between lots ` A and 8, City of Renton Lot Line Adjustment Number 016-86 as recorded under King County Recording Nuebdr 8703169003) • thence north 76'13'16' vast 108.80 feet along said new lot line to the true point of beginning, AM) TOCEINER WITH those portions of the southwest quarter of Section 18, Township 23 North, Range 5 Cast, M.M., in King Countyy. 1 Washington, and of the southeast quarter of Section 13, Township 23 ,� North. Range 4 feat. M.M., in King County, Washington, described as follows, Cometncing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89'10'04' east; thence north 44'25'22' seat for a distance of 831.54 feet to a point on the northerly boundary of the Pacific Coast Railroad right-of-way I as shown on the main line right of way and Tract Map. Pacific Coast Railroad, Sheet S of 11. Volume 2 - Washington, Records of the . Burlington Northern Rattroad. said point also being on the southerly boundary of the Plat of Eerlington, according to the Dist thereof -1 recorded in Volume 14 of Plate, page 7, rscordad under Recording Number 433749, in King County, Washington: thence north 71'29'12" vent 404.56 fest along said southerly boundary-to the eouthvest corner of Sunpointe Condominium, Phase 1 as recorded in Volume 64 of Condominiums, pages 75 through 85 under King County Recorder's Number 8307200969 and the true point of beginning; r • '_ i fr ;1 " r 75 w•Y. r yyyr�.' :•P! A•_.z�.. t •s r<.7.rr ixi•••'mac :S:• .':' f.J••: T i��.1' n 2 Y 0 p r t 7. ''. w • • • ••;`-' • 'Eh•nce•ilonF ttri iriit'Ilhi of acid Condoilnl■u the following course's. : t1. World 10.17 31'tot 91.76 !sere • . thence Werth 4i!22'S1' uet 75.00 ltitt:..: 0 'i .1:= '.•__�' .. .thence nowt?!1N27'51' rut 170.00 tot to.the southerly ltn of the z '- • a i abl 4 thhat certain treat of land comnY■d_t_o rCArC M yr \ `- .=t:.',- ......4$y` -1'lcQ d. .,Wd�r lM1q.:C4`M.t Oacet�r'iHl�?l fir. - 03001 Olrl, • ' thence along said southerly line Us following courses' z north 71•32 09' vat 15.00 [ut Co • point of curvature the radial • bearing of vtt1ch extends south 10.27'S1' vat 45.00 lull i, thence along th. arc of this curve to U• left through a central angle! of ]]•]]'2r' • distance of 16.76 feat to • point of cc i curvature the radial during of which extends north 15'05'35' wart w 45.00 teed V • thence along the arc of this calve to the right through • antral angle of 161'16'40' an arc distance of 127.06 test to the N I southeasterly terminus of the new lot line between lots A and I. W ! city of Renton Lot Line Adlu•Dent Humber o16-16 as recorded under Xing County Recorder.' NuaDer 6703169005i .�. thence north ]]'11'SS' war 69.0E feet slang said nw,),ot 11hs to 1, the centerline of vacated L•rlington Avenue II.M.a i. I thence north 1!'17'0]' ■ul 159.27 tut along said centerline to its intersection with the southerly line of an alley through blocks 12 and 13, said plot of trlington! h I thepcs north 71']{'15' west 215.66 feet along said southerly line to • t the southerly right-of-way line of Sunset Boulevard (Stet• load No. N 1� and a point on a curve the radial Doering of which extends north _ r I S 16'll' uat 1501.]9 Cuts tz v e•9 - thence •long cold south■rly right-of-way line and along the etc o[ I ( this cure• to the right through • central angle aC 7'59'25' an etc t•••s distance of 211.52 fate _~ 1 thence south 15'17'51• vest 260.00 Crete o ehancs.south 89'17'51' wear 70.00 Coati c=.�/-- thence south 16'17'S3' vest 154.00 [■ate o w t i c thence south 52•32'09' rut 70.00 teKi o=o f thence south 16'17'51' vent Sell feet to the northerly boundary of _ said Pacific Coast Railroad right-of-way: thence south 71'19'16' rut SSE.15 lut along said northerly • I — right-of-way boundary to the true point of beginning. ,.. �^ • Ln Lal -- I Q 0,J 1 N • O� -.•,."'•• :: -. • Ii 1 A . Atikr• ` a..rt-� .. + :.r....� �'r...,...✓� +F,- h: ' • • .vi.�.••1•...�I�w !.w•lr.I•vr.��l' 2•n'v.Rwa+. - f•W,ar'l.•-•.,.�r�.� • 1 • • • G31? 1 G -rn�J. • - .:i7t.-:.4'ti-:.-r•.�.q: ,.sr::S.-;-..y�c� •;tr.`'.• • AFTER RECORDING RETURN TO: Washington State Housing Finance Commission 1000 Second Avenue,Suite 2700 Seattle,Washington 98101-1046 Attention:Marjorie M. Johnson TRANSFER AGREEMENT Transferor. Sunpointe Associates Limited Partnership,a Washington limited partnership,By: ;,o Sunset Terrace Investment Inc.,General Partner Transferee: BayApartment Communities,Inc.,a and corporation QMarys tp U, O 0) Legal Description: Abbreviated form: Lot A,Boundary Line Adjustment Recording No.84709099001 Additional legal on pages I'thru 0 of document It r4 - Assessor's Property Tau Parcel/Account Number(e): 214370-1215-08 Reference number(s)of documents being assigned or related documents: 8709171261, 9202181540 (additional on page of document) KV CHICAGO ME INSIRVICE M REF# H9posy- b 7 • • •• • • TRANSFER AGREEMENT THIS AGREEMENT is made and entered into as of may 1, 1998,by and among Sunpointe Associates Limited Partnership, a Washington limited partnership(the Transferor"), whose address is c!o Con Am Management Corp., 1764 San Diego Avenue, San Diego,California 92110 and Bay Apartment Communities,Inc,a Maryland Corporation (the"Transferee"),whose address 4340 Stevens Creek Boulevard,Suite 275,San Jose, California 95129 and the Washington State Housing Finance Commission(the "Commission"), whose address is 1000 Second Avenue,Suite 2700, Seattle,Washington 98104-1046. WITNESSETH: WHEREAS,the Commission and the Transferor,entered into a Regulatory Agreement which was recorded on September 17, 1987,in the official public records of King County,Washington,at Auditor's File No. 8709171261 (the"Regulatory Agreement")with t,J respect to a housing facility for low-and moderate-income persons and families to be known as M Avalon Ridge Apartments(hereinafter the"Project")on land located in Renton,Washington and described in Exhibit A hereto(the"Property"). U) WHEREAS,the Commission and the Transferor entered into a Transfer Agreement which was recorded on February 18, 1992,in the official public records of King County, SWashington,at Auditor's File No.9202181540,to reflect the admission of Sunset Terrace Investments, Inc., a California limited partnership as the new and sole Genet al Partner of the Transferor. WHEREAS,the Transferor,the Commission and KeyCorp Mortgage Inc.,entered into a monitoring agreement dated as of April 1, 1988,to provide for third party monitoring of the Project with the terms of the Regulatory Agreement. WHEREAS,the Transferor and the Commission entered into a First Amended and Restated Monitoring Agreement(the"Monitoring Agreement')dated June 1, 1995,in which the Commission agreed to assume the responsibility for monitoring the Project. WHEREAS,pursuant to the Regulatory Agreement and the Monitoring Agreement,the Transferor has requested the consent of the Commission to the transfer of the Project to the Transferee and the Commission is willing to give such consent upon the assumption by the Transferee of all of the obligations of Transferor under the Regulatory Agreement and the Monitoring Agreement 2 `^"" • • • • Welk NOW,THEREFORE,it is hereby agreed by and between the parties hereto as follows: 1. Transferee represents that it is a Maryland corporation,organized and existing under the laws of the state of Maryland and is qualified to do business in the state of Washington. 2. The Transferor represents that it is not in default under the terms of the Regulatory Agreement or the Monitoring Agreement or under the terms of the loan documents executed in connection with the loan to Transferor. 3. The Commission hereby consents to the transfer of the Project by Transferor to Transferee This consent is not a waiver of the Commission's right to require its consent with respect to all other or future sales or transfers of the Project. 4. The Transferee hereby assumes and agrees to perform all of the obligations of Transferor under the Regulatory Agreement and the Monitoring Agreement,and agrees to be bound by all of the covenants,terms and conditions thereof By this assumption,Transferor shall be relieved from liability for the performance of the covenants on the part of Transferor to be performed under the Regulatory Agreement and the Monitoring Agreement only as of and from the date hereof 5. Transferor agrees and covenants to hold Transferee harmless from any claim try twl the Commission,or its successors or assigns that Transferor's obligation before the date hereof '"4 were not performed as set forth in the Regulatory Agreement and the Monitoring Agreement. • Transferee agrees and covenants to hold Transferor harmless from any claim by the © Commission,or its successors or assigns that the obligations of Transferee under the Regulatory Ce Agreement and the Monitoring Agreement were not performed on or after the date hereof as set forth in the Regulatory Agreement and the Monitoring Agreement. 6. Transferor agrees to provide the Tran eree with the files,information,and data necessary to comply with the reporting requirements of the Regulatory Agreement and the Monitoring Agreement. 2. This Agreement may be executed in several counterparts,and as executed shall constitute one instrument,binding on all the parties hereto,notwithstanding that all patties are not signatory to the original or the sane counterpart. 8. Transferee agrees to be qualified to do business as a foreign coporation under the laws of the State of Washington during the term of the Regulatory Agreement. 3 visa • - - f„ .,...- _.-dam-> -.s._R•.'t.Y .� 4yt'•a y-. a • i • r_ r t .. , • - v - .. -�. gt+v..- si t _ .. • • • r•�.+:...D-ice ram:-G �av 7t*i? S :� iJ ?4'�Y _ �»�d «hrF:K +et IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the daic first written above. Transferor. Sunpointe Associates Limited Partnership, a Washington hrited partners By: Sunset Terrace Investments,Inc. General Partner Transferee: Bay Apartment Communities,Inc.,a Maryland Corporation By: Its: cn CD Washington State Housing Finance Commission H By: (/) Its: Deputy Director ._ - _ / T:7 G'x. ffSM1x -iY1`SiiT S` �ti �iL Ss�IM t 4 '4lL ' ^,ti ^ • . . fiH�v� tk+•hnt.t"'�i:7+ry•.r. s +r?`r 3a fi•.+•�-^ ,+-+w��e ,` •�' .c .� • • ..T. �.....,.,ti....� `.r+..� w.�.r.::t:l-...--+-y�rF.e r.. '•a. rwi�r.waY �O�Diii.r• • • • • • IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written above. Transferor: Sunpointe Associates Limited Partnership,a Washington limited partnership By: Sunset Terrace Investments, Inc. General Partner By: Its: Transferee: Bay Apartment Communities,Inc..a Maryland corporation Gri By: /. 6.cr) �1� I Financial Officer U3 Cr) Washington State Housing Finance Comxtiasion By: Its:Deputy Director • • .•yw:? 'i� fi'"ic'::1a .%..0"4 .a a i�tf'%rat sclr � 'M•'�.'Se;{�, �j 3�•�¢ a. • w Y1 •'tom. .'Cf�' yL�y4 �.7isyYl • • • • • • .. ... -.r.:: .'.+'... .�,sv. w.i5/ .ei—.,:w;isrinSal!F,O'<.�df�"aiaR � • IN WITNESS WHEREOF,the parties hereto have executed this Agssernent as of the due fast written above • Transferor. Sunpointe Associates Lututad Partnership,a Washington limited pertnership By: Sunset Terrace Ltvestmmts,Inc. General Partner By: Its: • • Transferee: ay Apartment Co ni'as,Inc a on By: /- (/ Its � I Cd Washington State Housing Finance Cotinistion 11) B . • Its: Dees iraao Cr • • • • • • • • . .t: y-y M6 rf M sue L4,A,•• Tw"t A\ MIS yy 4 (••1• �` •/.' • • .• _ : 1 • • e��'+. A� r�'f '`�'s�iiri'..+ti�• �ct� • • • .. •▪ - - is 1-� e*s }T 'reStt'^SS : • .. ..; -..-r_ .r.._. .: ,.�.0 awnba'iwhw.._�1.1•. t3t $w • . _ . _ =iif.:. .;r•+,i..-+tsry?. _r':per•.-�,.. mum r • • • • IN WITNESS WHEREOF,the Duties hereto have executed this Agreement as of tbss due first written above Transferor: Sunpointe Associates Limited Partnership,a Washington Gmitedpartnerahip By: Sunset Terrace Investments,Inc. Giorgi Parma By: Its: • Transferee: ay Apartment Co 'as,Inc a an 4 By: Ik- Cd a.1 Washington Slate Housing Finance Cemmiuion lt) • its, Dap ry ceao 4 • • • • • • • • • nja•' j"�. !' y `_ �` � �ff� iI mil. } ' ^ .�.1 • - _rK. -%_.'- r'. .-few -r •si'-!'s+,•-'g �•3C . • IMO • • . • • r _ t .. :' .?'.:%+nCFYJ4=y:-.� .:3YWdYP��.T !4'Yie!'9�Wrz`it�'.:a::;t�!�rv.•>r.-..•s�� w..-.� IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written above. Transferor: Sunpointe Associates Limited Partnership,a Washington limited partnership By: Sunset Terrace Investments,Inc. General Partner By: Its: Transferee: Bay Apartment Communities,Inc.,a Maryland Corporation By: Its: In Cr) rl Washington State Housing Finance Commission By Its: Dep< • • ampmmibmrsis 4 .mee •, ;; r.r>�� %r' 'w.��i" ." r-'. ;� c• ram} y" - ♦... y„MJ R'9.i."4 IMF�`y£�. s1 t .k�� t;: .. �� .n i4-a • :.• [.•"ta.rei.4-t +t £t7'-., �► - • •-.. � ::`� k J�• 9ab9rriacictr(L tx, .`3 f 7ei1' .54c .•t w3 ;U s rVs.. • •w...•+......'.....:.-w ti!M�Mnfr Y TYY l.. S Mf t uJ M 1-�'TS1S.f.rJ1� �Y�` ...•.. _. ..... .-. -._: - -..•K<.a.r,:�c.- ..::,.ao-is.a[sti+Nya>>it+4' F�.uG...•.}r..... y_y.i: • • .. _ _ • • • • • • . ..t>tr.`-...ter a.%:cr+M.�:4N$ _•. '" .. r: _.. _ -_ _ l ....• .. _ STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) I certify that I know or have satisfactory eviden a that a As-V., '"+o-1is the person who appeared before mc,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the V,Gc t Fe S. o€,of S•+..'Q..,T t ,to be the free slXi voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: AV , 1998 Notary Public Print Nam E . SE•oe My commission expires me, , �9S • • Elaine O.Seidel :: !;.� Comm.ncsaeo2 Y' -..7• • ART PIE,-CAUro.V 2 s w' sAm oeoo Cowin n .. Con.,FAsi•may,.tris cr . . !"t 0 • ._. _ s,..�..��...•y�•,i3►rzTi,'`�tT..Sea.., _ _ 14 \ I • I.• • ". : /•?.i?4 - - • ,•• . •• ....,....w ..,.....�...�.ctiA.�.•rr�K• m.r[.�ir• ...+r r.4Y. A.ir.aw �•�ril•iY • • • STATE OF CALIFORNIA ) COUNTY OF 514nlr79 C1.4-024 -aL �, On this.3o day of APR—I"— in the year 1998,before me a Notary Public in and for said State, personally appeared v VAr/ No,2.gf personally known to me( be the person(err whose name(ry is/am subscribed to the within instrument and acimowledged to me that he/sWtber executed the same in his/beefftheirauthorized capacity(ieS),and that by his/ht:gtheif signature(i)-on the instrument the person(s),,,or entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. 7 ANNA MARU ur417st �` Comrnnsion• 117371S ss 62.„..11)/( ikno y Rrottc-Coata t nio Notary Public in and for the State of tnia t..j sorrto Ctan riff CrnnL Ecoass Feb 14,2Tr2 cr 0 Ch �. ., . fist -- -=N t ; Lit �� J t• • .� _ • • • STATE OF CALIFORNIA )u- COUNTY OF S474T/1 ) QC On this.60 day of APg-IL- .in the year 1998, before me a Notary Public in and for said State,personally appeared G-/f.. M. MEYE)Q__. personally known to the be the personjs) whose name(t)'is/are-subscribed to the within instrument and acknowledged to me that be/sneirlboy— executed the same in his/beffibeir authorized capacity(iaa);and that by his/horf ignantre(o)'on the instrument the persottfi);or entity upon behalf of which the person(aYacted,executed the instrument. WITNESS my hand and official seal. ANNA MARIA r11-,TIIII na t..l Comcniaon•1173725 �,c y Boric_Caller*ra ; Notary blic nd for the State California r Sonia etao C.currly My Carr.Said Feb I4. Gr.) f.7 (7) 9.1 Cr) WINO " '+�i .aY. +•.cw-•an #.rr we 4•n-..n�*, y- eehtj• .t• a. • •. .- L. j.'.a .�' z••'' .-r�a.s y. •1 • • • • • • • • : -... c. :,., • STATE OF WASHINGTON) )as COUNTY OF KING I certify that I know or have satisfactory evidence that Mark McLaughlin is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the Deputy Director of the Washington State Housing Finance Commission,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:yii9 K , 1998. l / ( ,.l Ix 'i Notary. aS / Print Name: Marjorie M.Johnson 'ding i Residng at Federal Way My d von expires: August 15,2001 Yams • J,'r Cr) r/ • ? .,,/. rlt 1 t • • • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Costinoed) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) PARCEL 1: THAT PORTION OF THE SOUTHWEST. QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD. SHEET 5 OF 11, VOLUME 2 - WASHINGTON. RECORDS OF THE BURLINGTON NORTHERN RAILROAD, ,n SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ▪ ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 39°50'39" WEST 664.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF Q RENTON HY DEED RECORDED UNDER RECORDING NUMBER 8208110369 WHICH IS THE Ln SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND 8, CITY OF O RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER JO 8703169005 AND THE TRUE POINT OF BEGINNING; Cr, THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE SOUTH 71.34'15" EAST 310.06 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 21, SAID BLOCK 12; THENCE NORTH 18°27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OP SUNSET BOULEVARD (STATE ROAD NO. 21; THENCE NORTH B8°27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OP WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE • ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76°13'16" EAST 108.80 FEET ALONG THE NORTHERLY LINE OF SAID LOT B TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER B206110369, 8 CHICAGO1TTLE1NSURANCECOM►ANY a°m°ll4547f'W • • • • • tom CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE A (Continued) Order No.: 498054 You:No: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 32°57'51' WEST 150.01 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 57°02'09" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27°17'12", AN ARC DISTANCE OF 157.16 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 84'19'21• WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF • 81°47.12", AN ARC DISTANCE OF 28.55 FEET TO A POINT 1F TANGENCY; THENCE SOUTH 87°27'51" WEST 38.50 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 02°32'09" WEST 270.00 FEET; THENCE ALONG AN ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21°00'00". AN ARC DISTANCE OF 98.96 FEET TO A POINT OF TANGENCY; THENCE NORTH 71°32'09" WEST 253.54 FEET TO A POINT OF CURVATURE THE RADIAL 1.4 BEARING OF WHICH EXTENDS NORTH 18°27'51" EAST 45.00 FEET; Q THENCE ALONG THE ARC OF TT:IS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 0 33°33'26", AN ARC DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE. THE RADIAL BEARING OF WHICH EXTENDS SOUTH 52°01'17" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF CI 85°20'13", AN ARC DISTANCE OF 67.02 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERInIAN, IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'10'04" EAST; THENCE NORTH 44.25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 32°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF LOT B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002. 4 CHICAGO TRL E INSURANCE COM►ANY • • grat CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THENCE NORTH 80°29'58" EAST 138.30 FEET ALONG THE NORTH LINE OF SAID LOT B TO A POINT ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLACK 8. SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650; THENCE SOUTH 09°30'02" EAST 90.63 FEET ALONG THE EAST LINE OF SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER • 8703169001; THENCE SOUTH 45°27'51" WEST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8701169004; THENCE SOUTH 75°27'51" WEST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 79°05'02" WEST 69.72 FEET ALONG SAID NEW LOT LINE TO A POINT ON �, THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND � CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER cl 8208110369 AND A POINT ON A CURVE. THE RADIAL BEARING OF WHICH EXTENDS 4"I SOUTH 79°05'02" EAST 270.00 FEET; p4 THENCE ALONG AID EASTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE 0 RIGHT THROUGH A CENTRAL ANGLE OF 22.02'51", AN ARC DISTANCE OF 103.90 FEET 1!1 TO THE TRUE POINT OF BEGINNING. O CC PARCEL 2. THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID IECTION 18 BEARS SOUTH 89°10.04" EAST; THENCE NORTH 44'25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 76°33'09" EAST 310.48 FEET TO A POINT ON THE NORTHERLY LINE OP THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OP RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; to CHICAGO TRIP INSURANCE COMPANV OrmsW4►I440 • • • t � t4= CHICAGO TITLE INSURANCE COMPANY ALT.A.COMMITMENT SCHEDULE A (Condnned) Order No.: 498054 Your No.: AVALON RIDGE • LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THENCE NORTH 44°32'09" WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 45°27'S1" EAST 270.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 55.27'07" AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017.86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 79°O5'02" EAST 69.73 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 75•27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45°27'Sl" EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B. CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE NORTH 9°30.02" WEST 30.63 FEET ALONG SAID NEW LOT LINE TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; THENCE NORTH 80°29'S8" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK 40r 11, ITS EASTERLY PRODUCTION, AND THE NORTH LINE OF BLOCK 10, SAID PLAT OF .4 EARLINGTON TO THE NORTHEAST CORNER OF THE WEST 10.00 FEET OF LOT 2, SAID Q BLOCK 10; lit THENCE SOUTH 18°20'49" WEST 100.27 FEET ALONG THE EAST LINE 0P SAID WEST C) 10.00 FEET TO THE NORTH LINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY or RUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK_ 10; THENCE SOUTH 80°29'S8" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY TO INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18°27'19" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QUARTER OF SAID LOT 28; THENCE SOUTH 80•29'58" WEST 9.06 FEET ALONG THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10. SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 10; THENCE SOUTH 18°27.39" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT '. THE WESTERLY PRODUCTION OF THE SOUTH LINE OP SAID LOT 29; THENCE SOUTH 71.32'21" EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OP THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8200110369; THENCE SOUTHERLY AHD WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 29°56'06" WEST 85.73 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°03'54" EAST 330.00 FEET; fl CHICAGOTTItEINSURANCECOMPANY dimm°n.VYWr'r I CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXIIIBIT (Paragraph 4 oI Schedule A continuation) THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OP 59°50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 29.54'08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101°32'13" AN ARC DISTANCE OF 35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18•21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 81°32'09" WEST 105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 08°27'51" EAST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37°00'00" AN ARC DISTANCE OF 174.36 FEET TO THE TRUE POINT OF BEGINNING; 21 TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP (.D 23 NORTH, RANGE S EAST, WIL LAM ETTE MERIDIAN. IN KING COUNTY, WASHINGTON. C) DESCRIBED AS FOLLOWS: OCOMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1B, FROM WHICH THE SOUTH • QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH B9•10'04' EAST; O THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE ap NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET S • OF 11. VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE NORTH 32°57'S1" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: NORTH 32°57'51" EAST 2.60 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 57°02'09" WEST 430.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°30'00" AN ARC DISTANCE OF 108.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 18°27'51" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 71°32'09° EAST 30.00 FEVT; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OP IA CH[GGO TITLE TNRJRANCE COMPANY as°/i-u+r/'r • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your NO.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A eontionatiou) 64°17'58" AN ARC DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 07.14'11" WEST 1,492.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE. TO THE LEFT THROUGH A CENTRAL ANGLE OF 03•56'14" AN ARC DISTANCE OF 102.55 FEET TO A POINT OF NONTANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18.27.39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF LOT A. CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-B6 AS • RECORDED UNDER RECORDING NUMBER 8703169002 THENCE SOUTH 80.29'SB" WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, on TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, CI WASHINGTON. DESCRIBED AS FOLLOWS. 44 °.� COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH • QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89•10'04" EAST; UJ THENCE NORTH 44•25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE O NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON cin THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11. VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD. SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 07•24'23" EAST 464.07 FEET; THENCE NORTH 71•32'09" WEST 135.00 FEET; THENCE NORTH 23•22'38" WEST 129.26 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 12, SAID PLAT OF EURLINGTON; THENCE NORTH 18•27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88•27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON; THENCE SOUTH 18.27'29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OP VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71.36'13" EAST 40.01 FEET AONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OP RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 18.27'31" EAST 112.47 FEET ALONG THE SOUTHERLY PRODUCTION OF CHICAGO TrilEINELIMY'.E COMPANY o°mrn44m` • • t • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH ee°27'37" EAST 60.87 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING CF WHICH EXTENDS NORTH 01°32'23" WEST 1482.19 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00°55'24', AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02°27'47" EAST 30.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE ,.0 RIGHT THROUGH A CENTRAL ANGLE OF 110°55'38" AN ARC DISTANCE OF 58.08 FEET TO ,T A POI):T OF TANGENCY; 4°"f THENCE SOUTH 18°27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT v4 OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 71°32'09' WEST 370.00 51 FEET; O THE T/'! a+OMOAIn C WrcTFPT.V t.TNF ANn ALONG THE ARC OF THIS CURVE TO THE Qn RIGHT THROUGH A CENTRAL ANGLE OF 14°30'00" AN ARC DISTANCE OF 93.64 FEET TO cl THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEE& LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED_UNDER RECORDING NUMBER 8703169003; THENCE NORTH 76°13'16" WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING comm. WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04' EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON TH': MAIN LINE RIGHT OF WAY AND TRACT MAP. PACIFIC COAST RAILROAD. SHEET 5 OF 11, VOLUME 2 - WASHINGTON. RECORDS OF THE BUF.LINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OP PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY. WASHINGTON; THENCE NORTH 71°29'12" WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE 1y CHICAGO TITLE INSURANCE COMPANY 4.,==.4'4.u^or • • • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.T.A.COMMITMENT SCHEDULE A (Condoned) Order No.: 498054 Your NO.' AVALON RIDGE LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) SOUTHWEST CORNER OF SUNPOINTE CONDOMINIUM, PHASE I, AS RECORDED IN VOLUME 64 OF CONDOMINIUMS. PAGES 75 THROUGH 85 UNDER KING COUNTY RECORDING NUMBER 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18°27'51" EAST 91.76 FEET; THENCE NORTH 41°27'S1' FAST 75.00 FEET; THENCE NORTH 18°27'51' EAST 130.00 FEET TO THE SOUTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES; 01 !'4 NORTH 71°32'09' WEST 25.00 FEET TO A POINT OF CURVATURE THE RADIAL BEARING PO OF WHICH EXTENDS SOUTH 18°27'51" WEST 45.00 FEET; O THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 33°33'26" A DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE THE CD CD RADIAL BEARINGOF WHICH EXTENDS NORTH 15'05'35" WEST 45.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 161°46'40' AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OP THE NEW LOT LINE BETWEEN LOTS A AND 8, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005; THENCE NORTH 33°18'55" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 1B°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE NORTH 71°]4'15' WEST 215.66 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5.26'21' EAST • 1,502.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°59'25' AN ARC DISTANCE OP 209.52 FEET; THENCE SOUTH 18'27'51' WEST 260.00 FEET; THENCE SOUTH 89.27'51" WEST 70.00 FEET; THENCE SOUTH 18'27'51' WEST 154.00 FEET; THENCE SOUTH 52.72'09" EAST 70.00 FEET; THENCE SOUTH 18'27'51' WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PACIFIC COAST RAILROAD RIGHT OF WAY; THENCE SOUTH 71'29'16' EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF MAY BOUNDARY TO THE TRUE POINT OF BEGINNING. 15 CHICAGO TIRE INSURANCE COMPANY rW1411,71r S • ASSUMPTION AGREEMENT THIS ASSUMPTION AGREEMENT(this'Agreement") is made as of May 1 , 1998, by and among Sunpointe Associates Limited Partnership, a Washington limited partnership("Old Borrower')and Bay Apartment Communities, Inc a Maryland corporation { ('New Borrower'). This Agreement is hereby deemed to be effective by the parties hereto as of the r- date of recordation of the Grant Deed transferring title to the Project(as defined below) from the Old Borrower to the New Borrower(the"Grant Deed Recordation Date"). 11.0 WHEREAS, the Old Borrower financed all,or a portion of. the acquisition, C construction and equipping of that certain real property and certain related amenities commonly �� known as Avalon Ridge Aparuncn:s, located in Renton,Washington,and more fully described on Exhibit A hereto(the 'Project'), through the use of funds made mailable to the Issuer for such c:r) purpose through the issuance of those certain Washington State Housing Finance Commission Multifamily Housing Mortgage Revenue Notes(Sunpointe Apartments Project),Series 1987(the "Notes'),enabling the Issuer to make a loan to the Old Borrower(the 'Project Loan")in the principal amount of$18,755,000. WHEREAS, the Notes were issued and the Project Loan was made to the Old Borrower in accordance with the following documents: I. Loan Agreement, dated as of September 1. 1987(the "Loan Agreement"), among the Washington State Housing Finance Commission("Issuer'), the Old Borrower and Washington Mortgage Company ("Mortgage Lender'); 2. Regulatory Agreement,dated as of September 1, 1987(the "Regulatory Agreement'), by and between the Issuer and the Old Borrower, recorded on September 17, 1987 at Auditor's File No. 8709171261 of the Official Records of the King County Auditor,Washington ("Official Records'); 3. Deed of Trust,Security Agreerrrnt and Assignment of Rents and Leases, dated as of September 1. 1987,executed by the Old Borrower for the benefit of the Mortgage Lender,recorded on September 17. 1987 at Auditor's File No. 87091712_57 of she Official Records; UUPPII X010 MIMI 4 -2- • • r.rrr • • • • • • • • • • AFTER RECORDING RETURN TO: Cox,Castle&Nicholson LLP 2049 Century Park East,28th Floor Los Angeles.California 90067 Attention: Gary P.Downs, Esq. ASSUMPTION AGREEMENT Transferor: Sunpointe Associates Limited Partnership,a Washington limited partnership, By: • Sunset Terrace lnvesunent Inc., General Partner Transferee: Bay Apartment Communities, Inc., a Maryland corporation l/i 0') Legal Description: Abbreviated form: A ponion of the southwest 1/4, Section 18,Township 23 North, Range 5 East Additional legal on pages' through IS of document Assessor's Property Tax Parcel/Account Number(s): 214370-1215-08 0 Reference number(s)of documents being assigned or related documents: 8709171261, 12 9202181540,8709171257,8709171263,8807260970,8709171259. 8709171264,8709171266, 9206080307,8709171265,870917267,9206080308. (additional on page of document) HUD BY CHICAGO TITLE INSURANCE CQ R REF# (-4 9f0 5 vZ S • • • • ASSUMPTION AGREEMENT THIS ASSUMPTION AGREEMENT(this'Agreement") is made as of May 1 , 1998, by and among Sunpointe Associates Limited Partnership,a Washington limited partnership("Old Borrower")and Bay Apartment Communities, Inc.,a Maryland corporation ("New Borrower"). This Agreement is hereby deemed to be effective by the parties hereto as of the date of recordation of the Grant Deed transferring title to the Project(as defined below)from the Old Borrower to the New Borrower(the"Grant Deed Recordation Date"). 9.41 .•I WHEREAS, the Old Borrower financed all,or a portion of,the acquisition, Nconstruction and equipping of that certain real property and certain related amenities commonly LI known as Avalon Ridge Apartrnen:s, located in Renton,Washington,and more fully described on © Exhibit A hereto(the "Project"),through the use of funds made mailable to the Issuer for such purpose through the issuance of those certain Washington State Housing Finance Commission Multifamily Housing Mortgage Revenue Notes(Sunpointe Apartments Project),Series 1987(the "Notes"),enabling the Issuer to make a loan to the Old Borrower(the"Project Loan")in the principal amount of S18,755,000. WHEREAS, the Notes were issued and the Project Loan was made to the Old Borrower in accordance with the following documents: 1. Loan Agreement,dated as of September 1, 1987(the "Loan Agreement"), among the Washington State Housing Finance Commission("Issuer"), the Old Borrower and Washington Mortgage Company ("Mortgage Lender"); 2. Regulatory Agreement,dated as of September 1, 1987(the "Regulatory Agreement"), by and between the Issuer and the Old Borrower,recorded on September 17, 1987 at Auditor's File No.8709171261 of the Official Records of the King County Auditor,Washington ("Official Records'); 3. Deed of Trust,Security Agreement and Assignment of Rents and Leases, dated as of September 1, 1987,executed by the Old Borrower for the benefit of the Mortgage Lender,recorded on September 17, 1987 at Auditor's File No. 8709171257 of the Official Records; C CA x01:7)• -2- • • 11.1 • ±�r 4. Assignment of Rents and Leases dated,as of September 1, 1987 executed by Old Borrower to Mortgage Lender, recorded on September 17, 1987 at Auditor's File No. 8709171259 of the Official Records; 5. Assignment of Agreements, Permits and Licenses,dated as of September 1, 1987 executed by Old Borrower in favor of Mortgage Lender; 6. Assignment of Architect Agreement dated as of September I, 1987 executed by Old Borrower in favor of Mortgage Lender; 7. Assignment of General Contracts dated as of September 1. 1987 executed by Old Borrower in favor of Mortgage Lender; and 8. Assignment of Plans and Specifications dated as of September 1. 1987 executed by Old Borrower in favor of Mortgage Lender. The documents listed above are herein called the "Borrower Documents." All terms used herein and not otherwise defined herein shall have the trspa.tive meaning given to them in the Borrower Documents. WHEREAS, New Borrower desires to acquire and Old Borrower desires to sell, • convey,and transfer to New Borrower,Old Borrower's entire ownership interest in the Project, :.0 which sale, conveyance and transfer requires the assumption by the New Borrower of the rights, • duties and obligations of the Old Borrower under the Borrower Documents relating to the period from and after the Grant Deed Recordation Date. CZ WHEREAS, the Issuer, in accordance with the Regulatory Agreement, is willing to Q consent to the sale, conveyance and transfer of the Project to the New Borrower and the assumption • of all obligations of the Old Borrower under the Borrower Documents as set forth herein. WHEREAS, the New Borrower is willing to assume such obligations. WHEREAS, by execution of the Transfer Agreement,dated as of May 1, 199$ (the 'Transfer Agreement"), by and between the Old Borrower, the New Borrower and the Issuer. the Issuer consents to the transfer of the Project to the New Borrower,and the Issuer acknowledges that all the terms and conditions set forth in the Borrower Documents for the New Borrower's assumption of the Old Borrower's obligations under the Borrower Documents, and for the sale,conveyance and transfer of the Project to the New Borrower have been satisfied. WHEREAS,the New Borrower will take an assignment of the Notes and will become the owner of the Notes. NOW,THEREFORE,for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows 1. Upon and subject to the acquisition of the Project by New Borrower,New Borrower agrees to assume and hereby does fully and unconditionally assume in full all of the C CA POI m0f)'i 3311163 4 -3- If P • i • obligations of the Old Borrower under the Borrower Documents arising from and after the Grant Deed Recordation Date. 2. All correspondence and notices given or required to be given to the New Borrower under the Borrower Documents shall be addressed as follows: Bay Apartment Communities, Inc. 4340 Stevens Creek Boulevard, Suite 275 San Jose,California 95129 Attention: Max L. Gardner Chief Operating Officer 3. Anything contained herein to the contrary notwithstanding, New Borrower shall have no liability on account of the Old Borrower's breach of any representation or warranty contained in the Borrower Documents, It is acknowledged and agreed that by the acceptance of this Agreement and consent to the transfer of the Project, the Issuer does not waive any of the provisions of the Borrower Documents, and all of the terms, conditions, and provisions of the Borrower Documents shall remain in full force and effect except as the same may be explicitly modified herein. 4. Except as otherwise disclosed in writing by the Old Borrower to the New Borrower, the Old Borrower hereby represents, warrants and covenants that (i)to its knowledge after due inquiry, it is not in default under any of the covenants, representations or warranties contained in the Borrower Documents, (ii) all amounts owing under the Borrower Documents are current,and (iii) it has not received any notice of default relating to amounts owing under the Borrower Documents. 5. The parties hereto and to the Transfer Agreement agree that the Old Borrower Ch shall be released from all liability in connection with the Borrower Documents, except fur ubligatiuns that arose prior to the Grant Deed Recordation Date- 6. This Agreement may be executed in multiple counterparts,all of which, when t= taken together, shall be deemed an original upon execution. 7. The Old Borrower agrees to release the New Borrower as the new owner of the Notes from any liability under the Borrower Documents or any transaction relating to the Borrower Documents. In addition,the Old Borrower agrees to waive and release any and all rights against the New Borrower as the new owner of the Notts under California Civil Code section 1542, or any comparable statute or rule of law, which provides: A general release dots not extend to claims which the creditor does not know or aspect to exist in his favor at the time of executing the release, which if known by him newt have materially affected his settlement with the debtor. CACA1.0041 lll'MOM 4 • .I imama. . . - ., - — .-,Fa.v :• -e�+M...•�,-.•. '•• ,,�,:Y^ti..n:ilarA . • _ • r ten:. �:a ..•_ a% :_ .•' - ..., -.,.-�.. .-.•�awr ..r.. �.iws...'..�r.-rnw..Y.: l••w1 f+�M�MM1l++.Mw..�N!. Rl6R • • • • - S'- - - ••• -.;=VJ + `i:.-.r•i.hf:,_de_slisi>tt-.�e'^.�—:: !�•._.:+.te.•t...':ac•rr:,cn._-t_..-.v..a..�.—..�•y.�•...____ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. "NEW BORROWER" BAY APARTMENT COMMUNITIES, INC., a Maryland corporation By: filbert M. Meyer, President AY APARTMENT COMMUNITIES, INC., a Maryland corporation Max L. Gardner, fief Operating Officer 'OLD BORROWER' SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP, a Washington limited Apartnership v�l ,r,+ By: Sunset Terrace Invesmtents, Inc.,a California corporation, L+7 Its general partner Cr)• By: Ralph W. Tilley, Vice President • CACnro5 loot)Aran 4 -5- • ter.. •� " -'�-� g� '.±. 4f ' • • • •. • - • 01 s!•. r r T y...-•K "�i� v • • � �'S6�'Cu,"� i. " • `• .. • _ ai4T[awi vc `a•+ 'r4t �i• _. .. .. jw. _ • ..r: - .tti 7:i--. =Fi,�'rGi:�•.yr:.:i::'�.:.ojj�; , • • .. , •• • ._. .-?Y:='fii-tr is ...... .._ . .......r.... 11■� IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. "NEW BORROWER" BAY APARTMENT COMMUNITIES, INC., a Maryland corporation By: Gilbert M. Meyer,President BAY APARTMENT COMMUNITIES, INC., a Maryland corporation By: Max L.Gardner,Chief Operating Officer "OLD BORROWER• SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership r4 By: Sunset Terrace Investments, Inc.,a 904 California corporation, ll� Its general partner • ph W.Ti ley,Vice idea[ cACAJ J t 3C1311 MOS 4 O C" O r 1.1 co c: 3 !°d Jo UOnaUx3Q 1w-I V.LIUIHX ,.vsc+R..�r:.•r:rs.a l,��.. ;�Ju.�f."}'w'. :_.: :"> rTi�t;F.'•::• '1:1;-,Y-•:.'� - 7. .r , • • a�lla • • • . . ••..-. ` t • • • • ° • CHICAGO TITLE INSURANCE COMPANY A.L-TA.COMMITMENT SCHEDULE A Ordcr No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OP SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OP SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST POR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 r, OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINCTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, • RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; • THENCE NORTH 39.50'39" WEST 664.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF 11) RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 WHICH IS THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF UO RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER • 8703169005 AND THE TRUE POINT OF BEGINNING: - THENCE NORTH 33°18'SS" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18°27'03" EAST 159.27 FEET ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE SOUTH 71°34'1S" EAST 310.06 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 21, SAID BLOCK 12; THENCE NORTH 18°27'19" EAST 200.51 FEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF LOT 21 TO THE SOUTHERLY RIGHT OP WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88°27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OF EARLINGTON: THENCE SOUTH 18.27'29• WEST 97.95 PERT ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13' EAST 40.01 FEET ALONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND 8, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE SOUTH 76.13'16" EAST 108.80 PEST ALONG THE NORTHERLY LINE OF SAID LOT B TO THE WESTERLY LINE OP THE NORTHERLY PORTION OP THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OP RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; • 1^ • • • • • • J CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND WESTERLY ALONG THE NORTHERLY LINE OF THE WESTERLY PORTION OF SAID TRACT THE FOLLOWING COURSES: SOUTH 32°57'51' WEST 150.01 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS SOUTH 57°02'09" EAST 330.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27°17'12", AN ARC DISTANCE OF 157.16 FEET TO A POINT OF REVERSE CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 84°19'21" WEST 20.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 81°47'12", AN ARC DISTANCE OF 28.55 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87°27'51" WEST 36.50 FEET TO A POINT OF CURVATURE, THE RADIAL BEARING OF WHICH EXTENDS NORTH 02°32'09" WEST 270.00 FEET; THENCE ALONG AN ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF CI W4 21°00'00", AN ARC DISTANCE OF 98.96 FEET TO A POINT OF TANGENCY; 44 THENCE NORTH 71°32'09" WEST 253.54 FEET TO A POINT OF CURVATURE THE RADIAL O BEARING OF WHICH EXTENDS NORTH 18°27'51" EAST 45.00 FEET; fir) THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF Q 33°33'26", AN ARC DISTANCE OF 26.36 FEET TO A POINT OF REVERSE CURVATURE, GD THE RADIAL BEARING OF WHICH EXTENDS SOUTH 52°01'17" WEST 45.00 FEET; .1, THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OP 85°20'13", AN ARC DISTANCE OF 67.02 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44025'22" EAST FOR A DISTANC:i OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF BURLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749. IN KING COUNTY, WASHINGTON; THENCE NORTH 16°14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 32°57'51" EAST :47.40 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF LOT B, CITY OP RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; • 1111 • • • frnt CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE A (Continued) Ordcr No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THENCE NORTH 80°29'58" EAST 138.30 FEET ALONG THE NORTH LINE OF SAID LOT B TO A POINT ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 26.29 FEET ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF VACATED S.W. 4TH PLACE, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 3650; THENCE SOUTH 09°30'02' EAST 90.63 FEET ALONG THE EAST LINE OP SAID VACATED SOUTHWEST 4TH PLACE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE SOUTH 45°27'51" WEST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT v7 NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703163004; 1) THENCE SOUTH 75°27'51" WEST 70.00 FEET ALONG SAID NEW LOT LINE; • THENCE NORTH 79°05'02" WEST 69.72 FEET ALONG SAID NEW LOT LINE TO A POINT ON O▪ THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND N CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER O 8208110369 AND A POINT ON A CURVE, THE RADIAL BEARING OF WHICH EXTENDS gn SOUTH 79°05'02" EAST 270.00 FEET; ' ) THENCE ALONG SAID EASTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22'02'53", AN ARC DISTANCE OF 103.90 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 18 HEARS SOUTH 89°10'04' EAST; THENCE NORTH 44°25'22' EAST FOR A DISTANCE OP 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OP THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OP THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 76°33'09' EAST 310.48 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369 AND THE TRUE POINT OF BEGINNING; • • • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.T A COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THENCE NORTH 44°32'09" WEST 163.85 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 45°27'51' EAST 270.00 FEET; THENCE CONTINUING ALONG SAID NORTHERTY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 55°27'07" AN ARC DISTANCE OF 261.31 FEET TO A POINT OF NON-TANGENCY AND THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 017-86 AS RECORDED UNDER RECORDING NUMBER 8703169004; THENCE SOUTH 79°0S'02" EAST 69.73 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 75°27'51" EAST 70.00 FEET ALONG SAID NEW LOT LINE; THENCE NORTH 45°27'51' EAST 176.21 FEET ALONG SAID NEW LOT LINE AND ALONG r. THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT v7 NO. 015-86 AS RECORDED UNDER RECORDING NUMBER 8703169001; THENCE NORTH 9°30'02" WEST 30.63 PEET ALONG SAID NEW LOT LINE TO A POINT ON W4 THE NORTH LINE OF LOT 3, BLOCK 11, SAID PLAT OF EARLINGTON; C) THENCE NORTH 80°29'58" EAST 350.73 FEET ALONG THE NORTH LINE OF SAID BLOCK N11, ITS EASTERLY PRODUCTION, AND THE NORTH LINE OF BLOCK 10, SAID PLAT OP O EARLINGTON TO THE NORTHEAST CORNER OF THE WEST 10.00 FEET OF LOT 2, SAID ,n BLOCK 10; ,0, THENCE SOUTH 18°28'49" WEST 100.27 FEET ALONG THE EAST LINE OF SAID WEST 10.00 FEET TO THE NORTH LINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE NORTH LINE OF SAID BLOCK 10; THENCE SOUTH 80°29'58" WEST 61.01 FEET ALONG THE NORTH LINE OF SAID ALLEY-TO INTERSECT THE NORTHERLY PRODUCTION OF THE WEST LINE OF LOT 28, SAID BLOCK 10; THENCE SOUTH 18°27'39" WEST 18.11 FEET ALONG SAID NORTHERLY PRODUCTION TO THE NORTHWEST QUARTER OF SAID LOT 28; THENCE SOUTH 80°29'58" WEST 9.06 PEET ALONG THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 28 TO THE CENTERLINE OF AN ALLEY THROUGH SAID BLOCK 10, SAID ALLEY RUNNING PARALLEL WITH THE WEST LINE OF SAID BLOCK 10; THENCE SOUTH 18°27.39" WEST 16.15 FEET ALONG SAID CENTERLINE TO INTERSECT THE WESTERLY PRODUCTION OF THE SOUTH LINE OF SAID LOT 28; THENCE SOUTH 71'32'21' EAST 109.32 FEET ALONG SAID WESTERLY PRODUCTION AND ALONG SAID SOUTH LINE TO A POINT ON THE WESTERLY LINE OP THE EASTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE SOUTHERLY AND WESTERLY ALONG SAID WESTERLY LINE AND ALONG THE AORTHERLY LINE OF THE SOUTHERLY PORTION OP SAID TRACT THE FOLLOWING COURSES: SOUTH 29°56'06" WEST 85.73 PEET TO A POINT OP CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°03'54" EAST 330.00 FEET; S 1 amm CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION E?O IBIT THENCE ALONG THE ARC OP THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59.50'14" AN ARC DISTANCE OF 344.64 FEET TO A POINT OP TANGENCY; THENCE SOUTH 29°54'08" EAST 57.11 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 60°05'52" WEST 20.00 FEET; • THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101°32'13" AN ARC DISTANCE OP 35.44 FEET TO A POINT OF COMPOUND CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 18.21'55" WEST 270.00 FEET; THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°49'46" AN ARC DISTANCE OF 126.43 FEET TO A POINT OF TANGENCY; THENCE NORTH 81.32'09" WEST 105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OP WHICH EXTENDS NORTH 08°27.51" EAST 270.00 PEET; THENCE ALONG THE ARC OP THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7) 37°00'00" AN ARC DISTANCE OF 174.36 FEET TO THE TRUE POINT OF BEGINNING; 1.4 44 TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP Q 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LI DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH CI QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.5.4 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OP WAY AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OP THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OF EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 16"14'15" EAST 547.09 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE NORTH 72°57'51" EAST 147.40 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF LOT A, CITY OP RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002 AND TEE TRITE POINT OP BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE TEE FOLLOWING COURSES: NORTH 32057'51" EAST 2.60 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 57.02'09" WEST 430.00 FEET; THENCE ALONG THE ARC OP THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°30'00" AN ARC DISTANCE OF 108.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 18°27'S1" EAST 52.90 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 71.32'09" EAST 30.00 FEET; THENCE ALONG THE ARC OP THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF •• • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT 64.17'SB" AN ARC DISTANCE OF 33.67 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 07°14'11" WEST 1,492.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OP 03.56'14" AN ARC DISTANCE 0P 102.55 FEET TO A POINT OF NONTANGENCY ON THE CENTERLINE OF A VACATED ALLEY THROUGH BLOCK 8, SAID PLAT OF EARLINGTON; THENCE SOUTH 18°27'39" WEST 172.88 FEET ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NO. 014-86 AS RECORDED UNDER RECORDING NUMBER 8703169002; THENCE SOUTH 8O°29'58° WEST 138.30 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH n QUARTER CORNER OP SAID SECTION 18 BEARS SOUTH 89•10'04" EAST; THENCE NORTH 44°25'22" EAST FOR A DISTANCE OF 831.54 PEET TO A POINT ON THE en NORTHERLY BOUNDARY OF.THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON r4 THE MAIN LINE RIGHT OP WAY AND TRACK MAP, PACIFIC COAST RAILROAD, SHEET 5 .4 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, TOIL SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OP EARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OP PLATS, PAGE 7, up RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; en THENCE NORTH 07°24'23" EAST 464.07 FEET; THENCE NORTH 71°32'09" WEST 135.00 PEET; THENCE NORTH 23°22'38" WEST 129.26 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 12, SAID PLAT OF EARLINCTON; THENCE NORTH 18°27'19" EAST 200.51 PEET ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID LOT 21 TO THE SOUTHERLY RIGHT OP WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2) ; • THENCE NORTH 88.27'36" EAST 127.73 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF LOT 24, BLOCK 7, SAID PLAT OP EARLINGTON; THENCE SOUTH 18°27.29" WEST 97.95 FEET ALONG SAID EAST LINE AND ITS SOUTHERLY PRODUCTION TO THE CENTERLINE OF VACATED SOUTHWEST 4TH PLACE; THENCE SOUTH 71°36'13" EAST 40.01 FEET AONG SAID CENTERLINE TO THE WESTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003 AND THE TRUE POINT OP BEGINNING; THENCE NORTH 18•27'31" EAST 112.47 FEET ALONG THE SOUTHERLY PRODUCTION OP • W • • • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Ordcr NO.: 498054 Your No,: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88°27'37' EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH O1°32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00°55'24", AN ARC DISTANCE OF 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN • TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER r- RECORDING NUMBER 8208110369 AND A POINT OF REVERSE CURVATURE THE RADIAL BEARING OF WHICH EXTENDS SOUTH 02°27'47" EAST 30.00 FEET; THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE 1.4 RIGHT THROUGH A CENTRAL ANGLE OF 110°55'38" AN ARC DISTANCE OF 58.08 FEET TO O A POINT OF TANGENCY; In THENCE SOUTH 18'27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT Q OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 71°32'09" WEST 370.00 (D FEET; DTI THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 14°30'OO• AN ARC DISTANCE OP 93.64 FEET TO THE EASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OP RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703169003; THENCE NORTH 76°13'16' WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OP SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAME•ITE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH • '?DARTER CORNER OP SAID SECTION 18 BEARS SOUTH 89.10'04' EAST; THENCE NORTH 44°25'22' EAST FOR A DISTANCE OF 831.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OP THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WI,Y AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OP THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OP THE PLAT OP &ARLINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 71°29'12' WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE • • - • 111111 • • • • • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Ordcr No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT THE EAST LINE OF LOT 25, BLOCK 7, SAID PLAT OF EARLINGTON AND ALONG SAID EAST LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNSET BOULEVARD (STATE ROAD NO. 2); THENCE NORTH 88'27'37" EAST 60.80 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 01°32'23" WEST 1482.39 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OP THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00°55'24", AN ARC DISTANCE OF • 23.89 FEET TO THE WESTERLY LINE OF THE NORTHERLY PORTION OF THAT CERTAIN • TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110389 AND A POINT OF REVERSE CURVATURE THE RADIAL leBEARING OF WHICH EXTENDS SOUTH 02'27'47" EAST 30.00 FEET; 4°4 THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 110°55'38" AN ARC DISTANCE OF 58.08 FEET TO O A POINT OF TANGENCY; y THENCE SOUTH 18°27'51" WEST 12.07 FEET ALONG SAID WESTERLY LINE TO A POINT 0 OF CURVATURE THE RADIAL BEARING OF WHICH EXTENDS NORTH 71°32'09" WEST 370.00 CIO FEET; .T THENCE ALONG SAID WESTERLY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 14°30'00' AN ARC DISTANCE OF 93.64 FEET TO THE EASTERLY TERMINUS OP THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OP RENTON LOT LINE ADJUSTMENT NO. 016-86 AS RECORDED UNDER RECORDING NUMBER 8703189003; THENCE NORTH 76°13'16' WEST 108.80 FEET ALONG SAID NEW LOT LINE TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OP SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCIN0 AT THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH THE SOUTH • 'QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89°10'04" EAST; THENCE NORTH 44°25'22' EAST FOR A DISTANCE OF 831.54 FEET TO A POINT OH THE NORTHERLY BOUNDARY OP THE PACIFIC COAST RAILROAD RIGHT OF WAY AS SHOWN ON THE MAIN LINE RIGHT OF WI.Y AND TRACT MAP, PACIFIC COAST RAILROAD, SHEET 5 OF 11, VOLUME 2 - WASHINGTON, RECORDS OF THE BURLINGTON NORTHERN RAILROAD, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE PLAT OP EARLINCTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDED UNDER RECORDING NUMBER 433749, IN KING COUNTY, WASHINGTON; THENCE NORTH 71°29'12' WEST 484.56 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE • c • LOONY • • • • • • • • • • ' I CHICAGO TITLE INSURANCE COMPANY • A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 498054 Your No.: AVALON RIDGE LEGAL DESCRIPTION EXHIBIT SOUTHWEST CORNER OF SUNPOINTE CONDOMINIUM, PHASE I, AS RECORDED IN VOLUME 64 OF CONDOMINIUMS, PAGES 75 THROUGH 85 UNDER KING COUNTY RECORDING NUMBER 8307200969 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID CONDOMINIUM THE FOLLOWING COURSES: NORTH 18.27'51" BAST 91.76 FEET; THENCE NORTH 41°27'51" EAST 75.00 FEET; THENCE NORTH 18°27'S1' EAST 130.00 FEET TO TUS SOUTHERLY LINE OF THE WESTERLY PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER 8208110369; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: 0/ NORTH 71°32'09" WEST 25.00 FEET TO A POINT OP CURVATURE THE RADIAL BEARING • OF WHICH EXTENDS SOUTH 18°27.51' WEST 45.00 FEET; • THENCE ALONG THE ARC OF THIS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 0 33°33'26" A DISTANCE OF 26.36 PEET TO A POINT OF REVERSE CURVATURE THE O RADIAL BEARING OF WHICH EXTENDS NORTH 15°05'35° WEST 45.00 FEET; j, THENCE ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01 161°46'40" AN ARC DISTANCE OF 127.06 FEET TO THE SOUTHEASTERLY TERMINUS OF THE NEW LOT LINE BETWEEN LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NO. 018-86 AS RECORDED UNDER RECORDING NUMBER 8703169005; THENCE NORTH 33°18'S5" WEST 69.88 FEET ALONG SAID NEW LOT LINE TO THE CENTERLINE OF VACATED EARLINGTON AVENUE SOUTHWEST; THENCE NORTH 18.27'03" EAST 159.27 PEEL' ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OP AN ALLEY THROUGH BLOCKS 12 AND 13, SAID PLAT OF EARLINGTON; THENCE NORTH 71°34'15' WEST 215.66 PEET ALONG SAID SOUTHERLY LINE TO THE SOUTHERLY RIGHT OP WAY LINE OP SUNSET BOULEVARD (STATE ROAD NO. 2) AND A POINT ON A CURVE THE RADIAL BEARING OF WHICH EXTENDS NORTH 5•26'21" EAST 1,502.39 PEET; THENCE ALONG SAID SOUTHERLY RIGHT OP WAY LINE AND ALONG THE ARC OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7.59'25" AN ARC DISTANCE OF 209.52 PEET; THENCE SOUTH 18°27'S1' WEST 260.00 FEET; THENCE SOUTH 89.27'51" WEST 70.00 FEET; THENCE SOUTH 18.27'51' WEST 154.00 FEET; THENCE SOUTH 52°32'09" EAST 70.00 FEET; THENCE SOUTH 18.27'S1" WEST 58.11 FEET TO THE NORTHERLY BOUNDARY OF SAID PACIFIC COAST RAILROAD RIGHT OF WAY; THENCE SOUTH 71.29'16" EAST 558.15 FEET ALONG SAID NORTHERLY RIGHT OF WAY BOUNDARY TO THE TRUE POINT OF BEGINNING. . .,,�./..7 u•LiAtct.il.." - ..!.. •:ram • .;•ice, • • sue:• • • • • • C •..••�+^•i�s!•'-•.s;.): Gs, v.-.4cs ,,•V`-+n..-...-.A l...a. ... STATE OF CALIFORNIA ) )ss. COUNTY OF n E a ) On this 1 % day of A t , in the year 1998,before me a Notary Public in and for said State, personally appeared r_ .-P., w '_.e 1 personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose names)is/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or entity upon behalf of which the person(s)acted, executed the instrument. • WITNESS my hand and official seal. �• . Elaine O. Seidel ;,M!..; Comm.81024802 ARY►aim•CAI,P001.4 Notary Public in and for the State of California S $A$D4.CCOUN7Y C) !VV. ..', ACMiR Lone IV/I.1294 r1 • l 440 • • • N C • mats • • -...:., - .. -'—F�...,�.�»—.^.�:..�'ha+ri,'.,.V.r�+rwv)►.r...�:.k.�.r�� .rw ..• ^—"--•`-4�. • • • • • • • MEW • .. .-• -:i rt7.7,.t . "s:+t:.r. ..t_•a:n+:±•r^cte.n'�e+c :+c' x•..,.a.,..sww..._.p,,.,r.,..,� ._ STATE OF CALIFORNIA ss. COUNTY OF 51 NTA Cf.RRR ) On this Z day of /1f'R./L_ in the year 1998, before tine a Notary Public in and for said State,personally appeared G//.PjB(ZT M. ME!&7 - personally known to me( to be the person(aY whose narne(s),s/arrsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h6ithaif authorized capacity;jas);and that by his/b&ttrir signaturc(y)-on the instrument the person(sYor entity upon behalf of which the person(aYacted,executed the • instrument. WITNESS my hand and official seal. J -_ ANNA MARtA ONTZH2 N lic - rr ;. Ncr cry Pubic-CaAfamla w, Satfa C1oo otary in anti for the Stat California MVCatm.biota Fats 14.2m2 CO 0) rl 0 !A 00 0) • • - • • • . •--••• ;.••.•7:•• .•• -.• .• .s• . " • .••• • " •-•••• • . . ,,.• . , • :. • •• • . • . • • • • . • . , . . • .• . . • • • • NW) • • • • .• C r ;hew 101.6bia . „ STATE OF CALIFORNIA )ss• COUNTY OF Si IV-1" On this -2-g day of 1102,LC_ in the year 1998, before me a Notary Public in and for said State,personally appeared / X 4, GYFRJ-MIE:12__ personally known to me(nrproved-tcrnreirthe-basirof-satisfactury-rvidence)to be the peon( whose narnef,ay isfate-subscribal to the within instrument and acknowledged to me that heisjiohlef executed the same in hisiberitteiz authorized capacity(iber;and that by hisfbef7theirsignatureiraj-on the instrument the person(s)-,--or entity upon behalf of which the persons)-acted,executed the instrument WITNESS my hand and official seal. • ANNA holARIA.CHrIfT21317372.5 no,cry Punic-cotter* Notaryicin' and for the ta f California _Baars_ ifff r4 115 C71 • • • ikC ,, r • • . RECEIVED la .i:iy;., !S DAY ":.1 .r • • • • 7)1 Jut & 3 15,L.8 111 8Y TriE b,i i - ) BYME.1711.::!;iltl.r1-: RECORDS ?1:' . '.. KING C6Ultii' - CD I.Ti;Li CO:, N S I, cn CD OD OD ) ,.1.1(/26 Ktuo h .:1.;_111.1 4u.:" I! ASSIGNMENT AGREEMENT Between 011 WASHINGTON STATE NOOSING FINANCE COMMISSION and 4.. ..... r --' NJ FIRSTIER BANK, NATIONAL ASSOCIATION, as Trustee 0 65 >40- This instrument was prepared by: . -, ris KUTAK ROCK & CAMPBELL 1650 Farnam Street Omaha, NE 68102 Attention: Kenneth R. Cook, Esq. • • 4.12:::.; A ! RECD F . CASHSL 3 5 • : . 9526Q I • * . • -.A . . .„ • ii. 1 ( .J6 ASSIGNMENT AGREEMENT THIS AGREEMENT dated September 1, 1987 is by and between CDWASHINGTON STATE HOUSING FINANCE COMMISSION, a public olinstrumentality of the State of Washington ("Commission"), O (Q whose address is Suite 1090, Dexter Horton building, 720 N r. Second Avenue, Seattle, WA 9810'I, and FIRS'? IER BANK, As 010 CD NATIONAL ASSOCIATION, a national banking association, in its capacity as Trustee under the below mentioned Lender Loan Agreement and Indenture of Trust ("Trustee"), with its principal office located at 17th and Farnam Streets, Omaha, Nebraska 68102. WITNESSETH: WHEREAS, Sunpointe Associates Limited Partnership ("Borrower") is owner in fee of the premises situated in Renton, Washington, as more particularly described on Schedule A annexed hereto (the "Premises") ; and WHEREAS, Borrower proposes to construct certain improvements (the "Improvements") on the Premises to consist of a multifamily residential rental development (the Premises and Improvements shall hereinafter be collectively referred to as the "Property"); and WHEREAS, in order to provide construction and permanent financing for the development of the Premises and the Improvements, Washington Mortgage Corporation ("Mortgage Lender") has agreed to make and Borrower has agreed to accept . — 1 • i • • a project loan (the "Project Loan") in the principal sum of $16,755,000, to be advanced to Borrower pursuant to a certain O Loan Agreement dated the date hereof among Commission, N ') Mortgage Lender and Borrower (as the same may hereinafter be ie amended, modified, extended and/or assigned, the "Loan Agreement") as described on Schedule B annexed hereto and a 00 certain Construction Loan Agreement dated the date hereof between America First Tax Exempt Mortgage Fund 2 Limited Partnership ("Fund") and Borrower (the "Construction Loan Agreement"); and CD WHEREAS, pursuant to that certain resolution adopted by Commission on August 27, 1987 and that certain Lender Loan Agreement and Indenture of Trust (the "Indenture") dated as of September 1, 1987 among Commission, Fund and Trustee, Commission has issued its $18,755,000 Multifamily Housing M^. - (S..:r.peicte p___;:a,-,1 Project) Series 1987 in the aggregate principal amount of $18,755,000 (the "Note") to Fund; and WHEREAS, pursuant to the terms and conditions of the 1 Indenture and Loan Agreement, the proceeds of the Note shall be used by Commission to purchase the Project Loan from Mortgage Lender and be advanced from time to time pursuant to the terms and conditions of the Loan Agreement, the Indenture and the Construction Loan Agreement; and _2_ 9526Q WHEREAS, Borrower has executed and delivered to Mortgage Lender a certain promissory note in the principal amount of $18,755,000 (as the same may hereinafter be amended, modified, extended and/or assigned the "Developer Note") as QD described on Schedule B annexed hereto; and 04 WHEREAS, Borrower has executed and delivered to Mortgage QD Lender a certain Deed of Trust, Security Agreement and 111 . Assignment of Rents and Leases encumbering the Premises in the aggregate principal amount of the Project Loan and securing the Developer Note as described on Schedule 8 annexed hereto; and WHEREAS, as additional collateral for the Project Loan, Borrower has executed and delivered to Mortgage Lender a certain Assignment of Rents and Leases and a separate Assignment of Agreements, Permits and Licenses and certain other collateral as described on Schedu-le B annexed hereto; and • WHEREAS, the Project Loan will be disbursed by the Trustee pursuant to the terms and conditions of the Escrow Agreement dated as of the date hereof among Commission, Fund, America First Participating/Preferred Equity Mortgage Fund, Developer and Trustee, the Loan Agreement, the Indenture and the Construction Loan Agreement; and WHEREAS, Mortgage Lender has executed and delivered to Commission a certain Assignment of Developer Documents dated -3- 9526Q as of September 1, 1987 as described on Schedule B annexed hereto; and WHEREAS, Trustee has agreed to accept an assignment of C the Trust Estate (as defined in the Indenture) upon the terms and conditions hereinafter set forth, which assignment shall be made by Commission to Trustee and its respective successors and assigns; O QDNOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. Commission hereby assigns, grants, transfers, sets over and conveys to the Trustee, as Trustee under the Indenture, and its successors and assigns, all of the right, title and interest of Commission in, to and under the Trusf; Estate, including, without limitation, the following: - (a) The instruments and agreements listed and described on Schedule B annexed hereto (such instruments and agreements, together with the items referred to in Sections 1(b) through 1(g) hereof, are collectively • referred to herein as the "Assigned Documents"); (b) All certificates and agreements, consents, assignments and collateral assignments annexed to any • Assigned Document; -4- 9526Q (c) Any and all property of every name and nature, now or hereafter transferred, mortgaged, pledged or 0 assigned as security or additional security for payment r, Oand/or performance of any obligation of Borrower and/or CD the Mortgage Lender under any of the Assigned Documents Cand the liabilities, obligations and indebtedness "\\:a) evidenced thereby or reflected therein; • (d) Any and all insurance policies maintained in connection with any Assigned Document; (e) The present and continuing right to make claim a for, collect and receive any of the moneys, income, revenues, issues, profits and other amounts payable or receivable and/or performance on, under or pursuant to any of the Assigned Documents, to bring actions and proceedings thereunder or for the enforcement thereof, and to exercise all remedies, powe-rs, privileges and options and do any and all things which Commission and/or Mortgage Lender is or may become entitled to do under the Assigned Documents; (E) All cash and noncash proceeds of all of the foregoing, including, without limitation, insurance proceeds and condemnation awards; and • (g) All moneys deposited or to be deposited in any accounts maintained or established pursuant to and in accordance with the Indenture and/or the Escrow -5- 9526Q • Agreement, except for those amounts specifically reserved to Commission pursuant to the Indenture. The term Assigned Documents shall not include the rights Cr) granted and amounts payable to the. Commission under Sections 0 3.4(b), 4.6, 5.5, 6.8, 7.4, 8.6 and 8.7 of the Loan Agreement. GD r, 2. Findings, Representations and warranties of 0 Commission. Ca (a) Commission hereby finds, determines and certifies to Trustee that the purchase of the Project Loan by Commission in accordance with the terms of the Assigned Documents and this Agreement will further the public purposes of the Commission. (b) Commission represents and warrants to Trustee that: (i) Commission is a public instrumentality and agency authorized pursuant to the provisions of the Chapter 161, LAWS of Washington, 1983, and all future acts supplemental thereto and amendatory thereof (the "Act"), to issue revenue notes for the • purpose of financing the cost of Projects (as defined in Lhe Acr) which provide decent, safe and sanitary housing to low-to moderate-income tenants • (as defined in the Act). Commission has duly authorized the execution and delivery of this Agreement, the Commission Documents (as defined in -6- 9526Q • the Indenture), the Note and any and all other agreements relating thereto to which the Commission is a party. O r- (ii) Commission has complied with all of the 0) O provisions of the Constitution and laws of the tC+ NState of Washington, including the Act, and has mfull power and authority to consummate all transactions contemplated by this Agreement, the Commission Documents and the Note. (iii) The adoption, execution, delivery and/or performance, as the case may be, by Commission of the Commission Documents and the Note have been duly authorised by all necessary action on the part of Commission and do not and will not (A) violate any provision of law or any rules or regulations promulgated thereunder, (8) violate any applicaole or:ler of any court or governmental agency or authority, (C) violate any indenture, resolution, agreement or other instrument to which Commission is a party or by which Commission or any of its properties or assets is or may be bound, (D) be in conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under such indenture, resolution, agreement or other instrument, (E) result in the creation or -7- 95260 • imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or assets of Commission other than such liens, charges and r. C encumbrances as are created by the Indenture and CID this Assignment or (F•) violate the bylaws or 04 Commission, as amended from time to time. The an Commission Documents and the Note have been duly executed, delivered and/or adopted, as the case may be, by Commission and constitute legal, valid and binding obligations of Commission, enforceable against Commission in accordance with their terms W (except that such enforcement may be limited by applicable bankruptcy, reorganization, insolvency and similar laws from time to time in effect and principles of equity regardless of whether such enforceability is considered a proceeding at law or in equity) . (iv) No further action, consent, approval. registration or filing by or with any governmental agency, bureau, commission or court is required in • connection with the execution, delivery, adoption and/or performance, as the case may be, by Commission of the Commission Documents and the Note other than as have been (or will be, when required) made or obtained. -B- 9526Q • 3. Trustee and Fund Authority. [n order to effectuate the purposes of this Agreement, Commission hereby irrevocably and unconditionally severally constitutes and appoints each 0 of Trustee and Owner as its true and lawful attorney-in-fact, r, Cwith full power of substitution, to execute, acknowledge and GA deliver any notice, document, certificate, paper, pleading or 0 instrument and to do in its name, place and stead all such QDacts, things and deeds for and on behalf of and in the name of the Commission and/or the Mortgage Lender under the Assigned Documents which it or they could or might do or which may be necessary, desirable or convenient in Trustee's or Owner's sole, absolute discretion to effectuate the purposes contemplated in the Assigned Documents, including, without limitation, the full power and authority, in Trustee's or Owner's sole and absolute discretion, as if Trustee or Owner were the sole party in- interest under the Assigned Documents to take (except with respect to the independent right of the Commission pursuant to Section 4.6 of the Loan Agreement to enforce the Regulatory Agreement), or defer from taking, any and all acts with respect to the administration of the Assigned Documents, including the right, power and authority to exercise any and all of the rights, remedies and options reserved to Trustee or Owner in, or given by law or equity to Trustee or Owner as the holder cf., the Assigned Documents or the beneficiary under the 1 -9- 9526Q 1 1 Indenture and to take such other actions for the protection and preservation of the lien of the Assigned Documents and the Property should Trustee or Owner become the owner thereof 5> by foreclosure or otherwise as may be necessary and 0 appropriate. GD 04 This power of attorney and the rights, remedies, powers r. Q and authority hereby granted by Commission are hereby OD QD declared by Commission to be coupled with an interest and irrevocable and may be exercised by Trustee or Owner in the name of Trustee or Owner or in the names of Trustee or Owner, UD Commission and/or Mortgage Lender, as Trustee or Owner may at any time or Erom time to time determine, and Commission hereby confirms and ratifies all acts and deeds taken or to be taken by Trustee or Owner as attorney-in-fact. 4. Binding Effect. This Agreement shall be binding upon and shad inure to the benefit of -the parties and their - respective successors and permitted assigns. - 5. Notices. Any notice, demand, certificate, request, communication or the like (collectively, "Notices") required or permitted to be given under this Agreement shall be given by overnight courier, postage prepaid, and addressed to the parties hereto at the addresses first set forth above or such other addresses as the parties may for themselves designate in writing in like manner for the purpose of receiving 1 Notices hereunder. Notices to (i) Trustee shall be marked -10- 9526Q • "Attention: John P. Cermak," and (ii) Commission shall be marked "Attention: Chairman". Notices shall be deemed given when delivered to the courier, except that Notices providing O r- for a change of address :;halt be deemed given when received. C 6. Governing _Law. This Agreement shall be governed by r- and construed in accordance with the laws of the State of CD Washington. r 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be considered an original. 1 8. Changes and Modifications. This Agreement may not 00 be changed, terminated or modified, orally or in any manner, without the approval of the parties and other than by an agreement in writing signed by the party sought to be charged therewith. 9. Further Assurances. Each party hereto shall take such action and deliver such instruments to any other party hereto, in addition to the actions and instruments specifically provided for herein, as may be requested or required to effectuate the purpose or provisions of this Agreement or to confirm or perfect any transaction described or contemplated herein. 10. No Waiver. No waiver by any party of any provision of this Agreement or any right, remedy or option hereunder • shall be controlling, nor shall it prevent or estop such -11- 9526Q party from thereafter enforcing such provision, right, remedy or option, and the failure or refusal of any party hereto to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by any other 0C party hereto shall not be construed as a waiver or relinquish- Qment for the future of any such term or provision, but the same (40 04 shall continue in full force and effect, it being understood and N rl O agreed that the rights, remedies and options of Commission, 111 m 00 Trustee and Owner hereunder are and shall be cumulative and in addition to all other rights, remedies and options of Commis- sion, Trustee and Owner in la,: or in equity or under any other agreement. 11. rartial-in•._alidity.. In the event that any provision of this Agreement or the application thereof to any party hereto or to any circumstance or in any jurisdiction governing this Agreement shall, to any _::tent, be invalid or unenforceable under any applicable statute, regulation or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform to such statute, regulation or rule of law, and the remainder of this Agreement and the application of any such invalid or unenforceable provision to parties, jurisdictions or circumstances other than to whom or to which it is held invalid or unenforceable, shall not be affected thereby nor shall same affect the validity or enforceability of any other provision of this Agreement. I • -12- 9526Q . i 12. Recitals. All of the recitals hereinabove set forth are incorporated in this Agreement by reference. O 13. Paragrap Headings, Etc. The headings of r. paragraphs contained in this Agreement are provided for O CD convenience only. They form no part of this Agreement and 04 Cshall not affect its construction or interpretation. All QDreferences to paragraphs or subparagraphs of this Agreement C] refer to the corresponding paragraphs and subparagraphs of this Agreement. All words used herein shall be construed to be of such gender or number as the circumstances require. This "Agreement" shall mean this Agreement as a whole and as the same may, from time to time hereafter, be amended, supplemented or modified. The words "herein," "hereby," "hereof," "hereto," "hereinabove" and "hereinbelow," and words of similar import, refer to this Agreement as a whole and not to any particular paragraph, clause or other subdivision hereof, unless otherwise specifically noted. 14. Rights of Fund. (a) The rights conferred on Fund pursuant to this Assignment (i) are in recogniti>n of the rights conferred on Fund under the Indenture as holder of the Note, which rights, by execution hereof, the parties hereto expressly recognize and acknowledge, and (ii) shall inure to the benefit of any successor holder or holders of the Note. -13- 9526Q 12. Recitals. All of the recitals hereinabove set Forth are incorporated in this Agreement by reference. 0 13. Paragraph Headings, Etc. The headings of clparagraphs contained in this Agreement are provided for CD CO convenience only. They form no part of. this Agreement and Cat Cshall not affect its construction or interpretation. All 00 references to paragraphs or subparagraphs of this Agreement Cl refer to the corresponding paragraphs and subparagraphs of this Agreement. All words used herein shall be construed to be of such gender or number as the circumstances require. This "Agreement" shall mean this Agreement as a whole and as the same may, from time to time hereafter, be amended, supplemented or modified. The words "herein," "hereby," "hereof," "hereto," "hereinabove" and "hereinbelow," and words of similar import, refer to this Agreement as a whole and not to any particular paragraph, clause or other subdivision hereof, unless otherwise specifically noted. 14. Rights of Fund. (a) The rights conferred on Fund pursuant to this Assignment (i) are in recogniti)n of the rights conferred on Fund under the Indenture as holder of the Note, which rights, by execution hereof, the parties hereto expressly recognize and acknowledge, and (ii) shall inure to the benefit of any successor holder or holders of the Note. fI -13- 9526Q • (b) The grant herein to the Trustee of any right, remedy, power or authority 2hali not be construed to limit, cut-off, abridge or otherwise impair the rights r, and remedies conferred on the Fund pursuant to the COD Indenture including, but not limited to, pursuant to r, Article VII thereof. 0 OD ti '.27 -14- 9526Q 1 ' i'. • • li IN WITNESS WHEREOF, the parties hereto have executed 0 this Agreement as of the day and year first above written. 0 [SEAL) WASHINGTON STATE HOUSING • FINANCE COMMISSION eD 04 r. Atte t:OD Nam _aamec r lauchh.aum------. (a By4-1CV Title Chair Name Gerald L. Sorte Title r_ziane_e_pf Rnbn,L S. O'Brien, Secretary FUSTIER BANK, NATIONAL ASSOCIAT , as Trustee By Name 1,� Title u`_ OD Assignment Acknowledged, Recognized and Consented To By: SUNPOINTE ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership By The Axelrod Company, a Washington corporation, Its General Partner By Name �1LAn1 C �il��p Title 10eraT By Shelter Corporation of Canada Limited, a • Canadian corporation, • Its General Partner By Title V:a ,de -15- 9526Q WASHINGTON MORTGAGE CORPORATION, a Washington O corporation O8Y 4:f.; /.1Pi1.� io Nam 5 f r✓ (\./ Tit'1 5 • .ce r STATE OF WASHINGTON ) OD OD )Ss. COUNTY OF KING On this the 10th day of September, 1987, before me, the undersigned, a Notar• Public in and for said State. Cl personally appeared anritscgm personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Chair and Designee of Secretary of Washington State Housing Finance Commission the municipal corporation that executed the within instrument. WITNESS my hand and official seat. a.e,11.0 CNotary Pu STATE OF N,ESe/i ' ) I. OFFICIAL SEAL COUNTY7E(/-LS )ss. BEVERLY A. COOK OF (/ tICTARY PUBLIC 5TA(E Of W,1;$HiNGTON • h :1 CUtl,;.1:SSIUN OIPIRES: 10.1.90 On this the day of September, 1987 the undersigned, a Notary P b is inand for said State, - personally appeared ,ji //rm p a x personally known to me or proved to me on the basis of satisfactory evidence to be t e .pia.cson who executed the within instrument as the ICE /ems/06'6 of FirsTier Bank, National Association, the national banking association that executed the within • instrument. WITNESS my hand and ofEic'. 1 seal. rawurwm..._sr,r.6rNk•�t. ENNETHR.co�K otary Public '11►mmer E.0.AIucA 75.PgB -16- 9526Q STATE OF WASHINGTON) ) SS. COUNTY OF KING ) O On this the llth day of September, 1987, before me, [� the undersigned, a Notary Public in and for said State, C) personally appeared AIAN L. ly known to me or 0 CD proved to me on the basis offs satisfactory levidence to be the person who executed the within instrument as the President of C. The Axelrod Company the corporation that executed the within instrument on behalf of Sunpointe Associates Limited Partnership, the partnership that executed the within UD instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and offic' ,o.seal. Notary Pth1ir OFFICIAL SEAL STATE OF WASHINGTON ) BiVERL'!A.COOK ) SS ACTARi PJCLICSTATEOFWASHU1GTON COUNTY OF KING ) It CULdA.SSOTI EXPIRES: 10-1-90 . Cn this the llth day of September, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared J. W. BEATTY personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as thevice Pres. of Shelter Corporation of Canda Limited the corporation that executed the within instrument on behalf of Sunpointe Associates Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and offi ial seal. Notary PutJlic OFFICIAL SEAL STATE OF WASHINGTON ) BEVERLY A. COOK • SS. NOTARY PU6LI".STATE OF 17ASHINGTON COUNTY OF KING ) tlY COL::A.SSAN EXPIRES: 10.1.90 On this the 11th day of September, 1987, before me. the undersigned, a Notary Public in and for said State, •i -17- 9526Q • • personally appeared PHYLLIS MESSENGER personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant 0 Vice President of Washington Mortgage Corporation the corporation that executed the within instrument. WITNESS my hand and official seal. CD Cr Notary Publ' CD 1f OFFICIAL SEAL BEVERLY A. COOK It CUIRY°JOLI;STATE OF WASH;NG TON b f LO',;;L.SSi;N EXPIRES: 10.1.90 • -18-• 9526Q • • • SCHEDULE A PARCEL I;. • • That portion of the southwest quarter of Section 18, Township 23 Q North, Range 5 East, M.M., in King County, Washington;described a■ h follows; Cr) Commencing at the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89'10'04' east; • • thence north 44'25'22' meet for a distance of 831.54 feet to a point [N on the northerly boundary•of the Pacific Coast Railroad right-of-way 0 se shown on the mein line right-of-way and Track Nap, Pacific Coast GO Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the GO Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to t1h plat thereof recorded In Volume 14 of Plats, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 39'50'39' west 664.43 fest to • point on the northerly . line of the westerly portion of that certain tract of lend conveyed to the City of Renton by deed recorded under King County Recorder's Number 8208110369 which is the southeasterly terminus of the new lot line between lots A and B, City of Renton Lot Line Adjustment No. 018-86 as recorded under King County Recording Number 8703169005 and the true point of beginning; . thence north 33'18'S5' west 69.88 feet along said new lot line to the centerline of vacated Earlington Avenue S.M.; thence north 18'27'03' east 159.27 feet along said centerline to its intersection with the southerly line of an allay through blocks 12 and 1'), said plat of Earlington; • . thence south 71.34'15' east 310.06 feet along said southerly line to the northeast corner of lot 21, said block 12; thence north 18'27'19' east 200.51 feet along the northerly ' production of the cast line of said lot 21 to the southerly right-of-way line of Sunset Boulevard (State Road Ho. 2); thence north 88'27'36' east 127.73 feet along said southerly • ' right-of-way line to the east line of lot 24, block 7, meld plat of Earlington! • 'thence south 18'27'29' west 97.95 feet along-maid east line and It. _ southerly production to the centerline of vacated S.M. 4th.Place; thence mouth 71'36'13-' east 40.01 feet along said centerline to the • . westerly terminus of the new lot line between lets A and B, City of • Renton L.L.A. No..016-86 as recorded under King County Recorder's Number 8703169003; . thence south 76'13'16' east 108.80 feet along the northerly line of said lot 8 to the westerlyline of the northerly y portlori or that .certain tract of land conveyed to the City of Renton by deed •. 'recorded under King County Recorder's Humber 8200110369; thence southerly along said westerly line end westerly slang the northerly line of the westerly portion of said tract the following ceursest south 32'57'51' west 150.01 feet to a point of curvature, the radial bearing of which extends mouth 57'02'09" east 330.00 feat; • thence along the arc of this curve to the left through • central angle of 27'17'12', en arc distance of 157.16 feet to a point of reverse curvature, the radial bearing of which extends north 84'19'21' vest 20.00 feet; thence along the arc of this curve to the right through • central . angle of 81 47'12', an arc distance of 28.55 feet to a point of . tangency; • ,thence south 87'27'Sl' west 38.50 feet to a point of curvature, the . ' ' 1 radial bearing of which extenda north 02'32'09' west 270,00 feet; ' • thence along en are of this curve to the right through a central , angle of 21'00'00',.an arc distance of 98.96 feet to • point of ! . tangency; ! • thence north 71'32'09' vest 253.54 feet to a point of curvature the radial bearing of which extends north 18'27'51' east 45.00 feet; I thence along the arc of [hie curve to the right through • central angle of 33'33'26', an arc distance of 26.36 feet to a point of _ - ' reverse curvature, the radial bearing of which extends south • f ! 52'01'17' west 45.00 feet; , thence along the arc of this curve to the left through • central t Angle of 85'20'13', en arc distance of 67.02 feet to the true point • 'of beoinninor • S•. 0 ii tCCL,THtl WITH that portion of the southwest quarter of Section 1a. Township 23 North, Range S Zest, M.M., in Ring County, Washington, described as follows; aomeencrng et the ■outhvsaCOorner—of`sal'd'Section 1Y, from which the mouth one-quarter corner of said Section 16 burs south 89'10'04e east, thence north 44'23'21' east for a distance of 831.54 feet to • point 0o the northerly boundary of the Pacific Coast Railroad right-of-vsy as shown on the mein lire right-of-way end Tract Map, Pacific Coast Railroad. Sheet 5 of 11, Volume 2 - Washington, Record@ of the Darlington Northern Railroad, said point also being on the southerly boundary of the Plat of farltngton, according to the plat thereof 0 recorded in Volume 14 of Plats, pegs 7, recorded under Recording {, Number 433749, In King County, Waehington; Q� thence north 16'14'1S' east S47.09 feet to a point'on the as,ta-1y ' CD line of the northerly portion of that certain tract of 1@00 conveyed (O to the City of Renton by deed recorded under Xing County Recorder's 04 Number 8208110369 and the true point of beginning, r, thane north 31'57'51' east 247.40 feet along said easterly line to 0 the northwest corner of"lot S. City or Renton Lot Line Adjustment CD Number 014-06 as recorded under King County Recorder's Number 6701169002, 2) thence north 80'29'58' reset 136.30 feet along the north line of said lot 6 to • point on the centerline of a vacated slimy through block 6, maid plat of farlington, thence south•18.27'39' vest 26.29 feet along said centerline to the northeast corner of vacated S.M. 4th Place, as vacated by City of Renton Ordinance No. 3650; thence south 09'30'02' aaat 90.63 fest along the east line of said vacated S.M. 4th Place and along the new lot line between lots A end 6, City of Renton Lot Line Adjuatnent Number 015-86 as recorded under King County Recorder's Number 8703169001, thence mouth 45'27'S1''vast 176.21 rest along said new lot line and along the new lot line between lots A and B, City of Renton Lot Line Adjuotaent Humber 017-86 ea recorded under King County Recorder's Number 8703169004; thence south 75'27'S1' vest 70.00 feet along said new lot line; therm;north 79'0S'02' vest 69.72 feet along maid new lot line to a. point on the easterly line of the northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under Xing County Recorder's Number 8200110369 and a point on a curve, the radial bearing of which extends south 79'O5'02' east 270.00 feet; thence along said easterly line end along the arc of this curve to the right through a central angle of 22'02'53', an arc distance of 1C3,90 feet to the true point of beginning. • 1 PARCEL 1ft 1 That portion of the southwest Quarter of Section IS, Township 23 North, Range S East, M.M., 1n King County. Washington. deacribed as followat- { Commencing et the southwest corner of said Section 18, from which the south one-quarter corner of said Section 18 bears south 89'10'O4 east, C thence north 44'25'22' east for a distance of 831.54 feet to • point CO on the northerly boundary of the Pacific Coast Railroad right-of-way 04 •.•s shown on the main line right-of-way and Track Map, Pacific Coast Railroad, Sheet S of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the southerly CD boundary of the Plat of Eurlington;•according to the plat thereof recorded in Volume 14 of nets, page 7, recorded under Recording GO Number 433749, 1n King County, Washington, thence north 76'33'09' east 310.48 feet to a point on the northerly line of the southerly portion of that certain tract of land conveyed to the City of Renton by dead recorded under King County Recorder's Number 8208110369 and the true point of beginning: thence north 44'32'09" vest 163.85 feet along said northerly line to • point of curvature the radial bearing of which extends north 45•27'Sl east 270.00 feet; thence continuing along said northerly line and along the arc of this curve to the right through • central angle of 55'27'07' an arc distance of 26L.31 feet to e point of non-tangency and the westerly terminus of the new lot line between Iota A and B, City of Renton Lot Line Adjustment Number 017-86 as recorded under King County Recorder's Number 8703169004; thence south 79'0S'02' seat 69,73 feet along said new lot line; thence north 75'27'51" east 70.00 feet along sold new lot line, thence north 45•27'S1" east 176.21 feet along said new lot line and along the now lot line between lots A end B. City of Renton Lot Line Adjustment Number 015-86 es recorded under King County Recorder's Number 8703169001; thence north 9.30'02' west 30.63 feet along said new lot lin,. to • point on the north line of lot 3, block 11, said plat of Eurlington; thence north 80'29'S8' sent 350.73 feet along the north line of said block 11, Its easterly production, and the north line of block 10. said plat of Earlington to the northeast corner of the west 10.00 feet of lot 2, said block 10; • thence south 10'28'49" vest 100.27 feet along the east line of esid . • vest 10.00 feet to the north line of an alley through said block 10, said alley running parallel with the north line of said block 10, thence south 80'29'S8' west 51.01 feet along the north line of said alley to intersect the northerly production of the west line of lot 28, said block 10, thence south 18'27'39' West 18.11 feet along said northerly production to the northwest corner of avid lot 28; thence south 80'29'SB' west 9.06 feet along the westerly production of the north line of said lot 28 to the centerline of an alley through said block 10, maid alley running parallel with the west line of said block 10; thence south 18'27'38' west 16.15 feet along said centerline to Intersect the westerly production of the south 1,ne of said lot 28; thence south 71'32'21 east 109.32 feet along said veeter19 production and along said south line to ■ point on the westerly lino of the easterly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder's Number 8208110369: thence southerly and westerly along said westerly line and along the northerly line of the southerly portion of said tract the following Couriest south 29'S6'06' west 85.73 feet to a point of curvature the radial • bearing of which extends south 60'07'54" east 330.00 feet, thence along the arc of this curve to the left through • central angle of 59'50'14" en arc distance of 344.64 feet to • point of tangency; thence south 2054'08" east 57.11 feet to a point of curvature the radial bearing of which extends south 60'03'52' vest 20.00 feet; • thence along the arc of this curve to the right through • central argls of 101'32'13" an arc distance of 35.44 feet to • point of compound curvature the radial bearing of which extends north 18'21'55" west 270.00 feat; . thence along the are of this curve to the right through • central angle of 26 49'46' an arc distance of 126.43 feet to a point o: tangency) thence north 81.32'09' west 105.25 feet to a point of curvature the radial bearing of which extends north 08'27'S1" out 270.00 feet) thence along the arc of this curve to the right through a central angle of 37'00'00' an arc distance of 174.36 feet to the true point of beginning: TOGETHER NIT. that portion of the southwest quarter of Section 1e, Q Township 23 North, Range 5 East, M.M., In King County, Washington. N described as follows OCommencing at the southwest corner of said Section 10, from which the south one-Quarter corner •t amid Section 18 beers south (V 89'10'04' east: INI.Chance north 44•25r2I' last for • distance of 831.54 feet to • point on the northerly boundary of the Pacific Coast Railroad Right-of-Way CD se shown on the main line right-of-way end Tract Map, Pacific Coast go Railroad, Sheet S of 11, Volume 2 - Washington, Records of the j Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Number 433749 in King County. Washington: thence north 16'14'1S' Beat 547.09 feet to a point on the easterly line of the northerly portion of that certain tract of land conveyed to the City of Renton by dead recorded under King County Recorder's Number 8208110369) • thence north 32'S7'51' east 147.40 feet along said easterly line to the southwest corner of lot A, City of Renton Lot Line Adjustment Number 014-86 as recorded under King County Recorder's Number 8703169002•and the true point of beginning: thence continuing along said easterly line the following courses: north 32'57'51' east 2.60 feet to • point of curvature the radial bearing of which extend, north 57'02'09' west 430.00 feet: thence along the arc of this curve to the left through a central angle of 14'30'00' an arc dietance of 108.82 feet to • point of tangency; thence north 18'27'S1' east 52.90 feet to a point of curvature the radial bearing of which extends south 71'32'09" east 30.00 feet; thence along the arc of this curve to the right through a central angle of 64'17'SB' an arc distance of 33.67 feet to the southerly right-of-way line of Sunset Boulevard (State Road No. 2) and • point on • curve the radial bearing of which extends north 07'14'11' vest 1492.39 feet; , thence along said southerly right-of-way line and along the_arc of this curve to the left through a central angle of 03'56'14' an arc distance of 102.55 feet to a point of nontangency on the centerline of • vacated alley through block 8, said plat of Earlington: thence south 18'27'39' west 172.88 feet along said centerline to the southeast corner of lot A, City of Renton Lot Line Adjustment Number 014-06 as recorded under King County Recorder'. Number 0703169002) thence south 80'29'58' vest 138.30 feat along the south line of said lot A to the true point of beginning) AND TOGETHER WITH that portion of the southwest quarter of Section :8, Township 23 North, Range S East, N.M., in King County, Washington, described ea follows: Commencing at the southwest corner of said Section 18, from which the south one-quarter corner al said Section 18 bears south 89'10'04' east; thence north 44'25'22' east for a distance of 831.54 feet to • point on the northerly boundary of the Pacific Coast Railroad right-of-way es shown on the main right-of-way and Track Map, Pacific Coast Rsliroad, Shoat S of 11, Volume 2 - Washington, Record, of the Burlington Northern Railroad, maid point oleo being on the southerly 0 boundary of the Plat of [arington, according to the plat thereof recorded in Volume 14 of Plats, page 7, recorded under Recording Cr) Number 433749, record• of King County, Washington; thence north 07'24'23' east 464.07 feet; UP thence north 71'32'09' vest 135.00 feet; thence north 23'22'38' vent 129.26 feet to the northeast corner of :4 lot 21, block 12, said plat of [arlington; thence north 18'27'19' east 200.51'•feet along the northerly production of the east line of said lot 21 to the southerly • f) right-of-way line of Sunset Boulevard (State Road No. 2); thence north 88'27'36' seat 127.73 feet along said southerly right-of-way line to the east line of lot 24, block 7, said plat of Earlington: thence south 18'27'29' west 97.95 feet along said east line and its southerly production to the centerline of vacated S.W. 4th Place; thence south 7l'36'13' east 40.01 feet along meld centerline to the westerly terminus of the new lot line between lots A end B , City of Renton Lot Line Adjustment Number 016-86 as recorded under King County Recording Number 8703169003 end the true point of beginning; thence north 18'27'31' east 112.47 feet along the southerly production of the east line of lot 25, block 7, said plat of Earlington,and along said east line to the southerly right-of-way line of Sunset Boulevard (State Road No. 2); thence north 88'27'37' eaet 60.80 feet along said southerly right-of-way line to • point on • curve the radial bearing of which extends north 01'32'23' west 1482.39 lest; thence along said southerly right-of-way line and along the arc of this curve to the left through a central angle of 00'55'24', an arc distance of 23.89 feet to the westerly line of the.northerly portion of that certain tract of land conveyed to the City of Renton by deed recorded under King County Recorder's Number 8208110369 and a point of reverse curvature the radial bearing of which extends south 02'27.'47' east 30.00 feet; thence along said westerly line end along the arc of this curve to • the right through a central angle of 110'S5'38' an arc distance of 58.08 feet to a point of tangency; thence south 18'27'51' west 12.07 feet along said westerly line to • point of curvature the redid bearing of which extends north 71'32'09' west 370.00 feet; thence along said westerly line end along the arc of this curve to the right through a central angle of 14°30'00' an arc dietsnce of 92.64 feet to the easterly terminus of the new lot line between lots A and 8. City of Renton Lot Line Adjustment Number 016-86 es recorded under King County Recording Number 870:169003: thence north 76'13'16' west 108.80 feet along said new lot line to the true point of beginning; AND TOGETHER WITH those portions of the ■outhl.ast quarter of Section 18, Township 23 North, Range 5 East, N.M., in King County. Washington, and of the southeast quarter of Section 13, Township 23 North, Range 4 East, W.M., in :<inq•County, Washington, described as follows; Commencing at the southwest corner of said Section 19, from which the south one-quarter corner of said Section 18 beers south 89'10'04' east; thence north 44'25'22' east for • dletenco of 831.54 feet to a point on the northerly boundary of the Pacific Coast lailroed right-of-way as shown on the main line right of way and Tract Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the . Burlington Northern Railroad, said point also being on the southerly boundary of the Plat of Earlington, according to the plat thereof recorded in Volune '4 of Plots, page 7, recorded under Recording Number 433749, in King County, Washington; thence north 71'29'12' west 484.56 feet along said southerly boundary to the southwest corner of Sunpointe Condominium, Phase I as recorded in Volume 64 of Condominiums, pages 7S through 85 under King County Recorder's Number 0307200969 and the true point of ' beginning; • thence along the west line of said Condominium the following courses, north 18'27 51' east 91.76 fait, thence north 41.27'51' east 75.00 feet, • thane• north 18.27'51' east 130.00 feat to the southerly line of the wa!terly portion of that certain tract of land conveyed to the City . _. of Renton br.9e•d recorded under King County Recorder's Number 6208110369; thence •long said southerly line the following courses, north 71'31 09' west 25.00 feet to • point of curvature the radial bearing of which estand• south 18•27'S1' vest 45.00 feet; thence •long the arc of this curve to the left through • central angle of 33'33'26' • distenc• of 26.36 feet to • point of revers* curvature the radisi bearing of which extends north 15'05'3S• west 45.00 feat, thence •long the •re of'this curve to the right through a central angle of 161'46'40' an •re diatanca of 127.06 feet to the southeasterly terminus of the new lot line between lots A and 8, City of Renton Lot Line Adjustment Number 018-86 es recorded under King County Recorder's Number 0703169005; thence north 33•18'55' vast 69.88 feet along said new lot line to the centarans of vsc.ted Earlington Avenue S.W., thence north 18.27'03" east 159.27 feat along said centerline to its intersection with the southerly line of an alley through blocks 12 and 13, said plat of Earlington; thence north 71'34•15' wart 215.66 feet ■long said southerly line to the southerly right-of-way line of Sunset Boulevard (State Road No. 2) and a point on a curve the radial bearing of which extends north 5.26'21' east 1502.39 feat; • thence along •aid southerly right-of-way line and •long the arc of this curve to the right through • central angle o, 7.59'25' an arc distance.of 209.52 feet; thence mouth 18'27'51' west 260.00 feet; thence south 89'27'S1' vast 70,00 fsat; thence south 18.27'51' vast 154.00 feet; thence south 52.32'09' cut 70.00 feet; thence south 16'27'S1' west 5f.11 feet to the northerly boundary of said Pacific Coast Railroad right-of-way; thence south 71•29'16" east 539.15 feat •long said northerly right-of-ray boundary to the true point of beginning. • � i • • SCHEDULE B LIST OF DOCUMENTS O C 1. Assignment of Developer Documents dated as of September 1, 1987 from Washington Mortgage tD Corporation (the "Mortgage Lender") to Washington N State Housing Finance Commission (the N "Commission"), recorded under Recording No. , in p the records of the King County Auditor, King Up County, Washington; La 2. Promissory Note of Sunpointe Associates Limited Partnership (the "Borrower") in favor of the Mortgage Lender dated September i'7 , 1987 in the principal amount of $18,755,000; 3. Loan Agreement dated as of September 1, 1987 among the Commission, the Mortgage Lender and the Borrower; 4. Deed of Trust, Security Agreement and Assignment of a Rents and Leases dated as of September 1, 1987 from Borrower to Mortgage Lender and Stewart Title "� Company of Washington, Inc. , recorded under �� jl Recording No.* , in the records of the King County -r-- Auditor, King County, Washington, encumbering the Premises as collateral security for the Project Loan; 5. Assignment of Rents and Leases dated as of September 1, 1987 from Borrower to Mortgage Lender, recorded under Recording No. , in the records of ' "1-Qi-iiIsci the King County Auditor, King County, Washington, encumbering the Premises as collateral security for the Project Loan; 6. Assignment of Agreements, Permits and Licenses dated as of September 1, 1987 from Borrower to Mortgage Lender; 7. Assignment of Architect Agreement dated as of September 1, 1987 from Borrower to Mortgage Lender; 8. Assignment of General Contract dated as of September 1, 1987 from Borrower to Mortgage Lender; 9. Assignment of Plans and Specifications dated as of September 1, 1987 from Borrower to Mortgage Lender; 9526Q 1 • 10. Regulatory and Monitoring Agreement dated as of C September 1, 1987 among the Commission, Securities f` Financial, Inc. and the Borrower; and 0) O 11. Escrow Agreement dated as of September 1, 1987 and among the Commission, the Borrower, America First 04 Participating/Preferred Equity Mortgage Fund and FirsTier Bank, National Association, both as CD trustee under the within-mentioned Indenture and as escrow agent. • • I I -2- 9526Q • i I t ' • • • i R WHEN RECORDED RETURN TO: 8 3 Mari Horita r. Bogle&Gates Two Union Square-601 Union Street Seattle, WA 98101-2346 r' Q (Cover Sheet) 14 t. 8 DOCUMENT TITLE: Release and Amendment of Notice of Lis Pendens GRANTOR(S): Sunpointe Associates,Ltd CO m 0 O GRANTEE(S): Angela Green N ABBREVIATED cl LEGAL DESCRIPTION: Not Applicable O - - GO ASSESSOR'S TAX PARCEL NUMBER: Not Applicable REFERENCE NUMBERS OF RELATED DOCUMENTS: 9705291896 7. j Mira • • • • 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 ATSEATTLE 10 ANGELA GREEN,on behalf of herself and all ) others similarly situated. NO. C 96 1542C I1 Plaintiff, ) m 12 ) RELEASE AND AMENDMENT OF v ) NOTICE OF LIS PENDENS CI 13 SUNPOIN E ASSOCIATES,LTD., ) 14 et.al., ) Defendants. ) al 15 16 17 TO ALL WHOM THIS MAY CONCERN,NOTICE IS HEREBY GIVEN: 18 1. That the above-captioned action described in that Notice of Lis Pcndens dated May 28, 1997 • 19 and recorded under King County Recording Number 9705291896,was settled by all parties in 20 accordance with the Stipulation and Agreement of Compromise and Settlement,attached hereto as 21 Exhibit A.and the Order and Final Judgment Approving Class Settlement,attached hereto as Exhibit B. 22 23 2. That the Stipulation and Agreement of Compromise and Settlement provided for the mutual 24 release and dismissal of all remaining claims encompassed by the action,except that the Court's Order 25 • Boct5&GATrs A Professional L raised Liability Conissey Two Ueia Sarre 601 Uabri saw' Seale,MapWrpoa 91101.2146 RELEASE AND AMENDMENT (100612-5151 OF NOTICE;OF LIS PENDENS-1 y :�y3irfa" ��i �. ris �V • •• • 111 • • • • 1 of May 12,1997, and the injunction set forth therein,attached hereto as Exhibit C,remains in full force 2 and effect as described in 1 12 of the Order and Final Judgment Approving Class Settlement. 3 4 DATED this 21 st day of January,1998. 5 6 GL &GATES P.L.L.C. 7 8 David A.Zapolsky,WS #?2451 9 Attorneys for Plaintiff + Ge 10 O N 11 N 12 ' 13 14 15 16 17 18 19 20 21 22 23 24 25 Boct.L&GATES A Notational Limited Liability Compaq Taro Unic a Squire 601 Ural l Sueal RELEASE AND AMENDMENT Sade'Washington 9I101.2346 (106)6124lsl OF NOTICE OF LIS PENDENS-2 • . _yam: _ wcta-rs•,.-_ -wstrae-r.,�.3.. -- �,..-'."'rl.if; - EXHIBIT A 1 THE HONORABLE JOHN C.COUGHENOUR 2 3 4 • 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 ANGELA GREEN,on behalf of herself and all others CIVIL ACTION similarly situated, NO.C96-1542C 9 Plaintiff, STIPULATION AND AGREEMENT 10 OF COMPROMISE AND v. SETTLEMENT BETWEEN 11 PLAINTIFF ANGELA GREEN,AS SUNPOINTE ASSOCIATES,LTD. CLASS REPRESENTATIVE,AND W 12 PARTNERSHIP,a Washington limited partnership, DEFENDANTS SUNPOINTE dba Avalon Ridge Apartment,AMY OTTO, ASSOCIATES,LTD. 2• 13 AMERICA FIRST PROPERTIES MANAGEMENT PARTNERSHIP;AMY OTTO;AND CO.LLC,and AVALON RIDGE APARTMENTS, AMERICA FIRST PROPERTIES • I4 MANAGEMENT CO.LLC Defendants. O 15 Gar 0l 16 Plaintiff ANGELA GREEN,as class representative("Plaintiff"),and defendants,SUNPOINTE 17 ASSOCIATES,LTD.PARTNERSHIP:AMY OTTO:and AMERICA FIRST PROPERTIES 18 MANAGEMENT CO.LLC("Defendants')(Plaintiff and Defendants being sometimes referred to 19 hereinafter as"the Parties"),and each person or entity that they are legally able to bind,by and through 20 their respective counsel,hereby enter into the following stipulation and agreement of compromise and 21 setdernent(the"Settletneet Stipulation')providing for the sastlement of all claims in connection with, 22 arising out of,or which arc in any way related to the Section 8 Tenant Subject Matters(as defined 23 herein)that have been or could have been asserted against Defendants in this action and or that have 24 been or could have been asserted by Defendants against Plaintiff or any Class Member in this action,as 25 STIPULATION AND AGREEMENT OF COMPROMISE BOG I L&GwTU P.LL.C. AND SETTLEMENT-t A ho6awel t.'m'v l.+.wh Coy Tw Uses Spam 601 Unice Saes Some,WA 91101 a0616at4 151 . s • • • • • EXHIBIT A THE HONORABLE JOHN C.COUGHENOUR 2 3 4 • • 6 UNITED STATES DISTRICT COURT • WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 ANGELA GREEN,on behalf of herself and all others CIVIL ACTION similarly situated, NO.C96-1542C 9 Plaintiff, STIPULATION AND AGREEMENT 10 OF COMPROMISE AND v. SETTLEMENT BETWEEN 11 PLAINTIFF ANGELA GREEN,AS SUNPOINTE ASSOCIATES,LTD. CLASS REPRESENTATIVE,AND • Co, 12 PARTNERSHIP,a Washington limited partnership, DEFENDANTS SUNPOINTE • dba Avalon Ridge Apartment,AMY OTTO, ASSOCIATES,LTD. is 13 AMERICA FIRST PROPERTIES MANAGEMENT PARTNERSHIP;AMY OTTO;AND C CO.LLC,and AVALON RIDGE APARTMENTS, AMERICA FIRST PROPERTIES N 14 MANAGEMENT CO.LLC - Defendants. O 15 GG 0% 16 Plaintiff ANGELA GREEN,as class representative("Plaintiff'),and defendants,SUNPOINTE 17 ASSOCIATES,LTD.PARTNERSHIP:AMY OTTO:and AMERICA FIRST PROPERTIES I a MANAGEMENT CO.LLC("Defendants")(Plaintiff and Defendants being sometimes referred to 19 hereinafter as"the Parties"),and each person or entity that they are legally able to bind,by and through 20 their respective counsel,hereby enter into the following stipulation and agreement of compromise and 21 settlement(the"Settlement Stipulation")providing for the settlement of all claims in connection with, 22 arising out of,or which are in any way related to the Section 8 Tenant Subject Matters(as defined 23 herein)that have been or could have been asserted against Defendants in this action and or that have 24 been or could have been asserted by Defendants against Plaintiff or any Cass Member in this action,as 25 • STIPULATION AND AGREEMENT OF COMPROMISE BOGLL&GATU AND SETTLEMENT-1 A r ora.aasti Litrdti.Mlfy CoaOta? Two Usice Sgsmt 601 Union Saw Stilt,WA 91101 (2061 60.5151 • • more fully described herein,subject to the approval of the Court pursuant to Rule 23 of the Federal Rules of Civil Procedures. BACKGROUND • 4 (A) In her Second Amended and Supplemented Class Action Complaint,Plaintiff pleads 5 various claims arising under both federal and state law,including claims arising under the Fair Housing 6 Act of 1968,42 U.S.C.§3601 er seq.,the Civil Rights Act of 1866,42 U.S.C.§§ 1981 and 1982,the 7 Washington Stale law against discrimination,RCW 49.60,and Washington common law. 8 (B) Defendants have filed an answer denying all liability and wrongdoing. 9 (C) On March 18, 1997,the Court certified the following wing claw under Fed.R.Civ.P. 10 23(b)(2)for the purpose of obtaining declaratory and injunctive relief only: 11 All current Section 8 tenants at the Avalon Ridge Apartments and all Section 8 tenants 12 who in the future may apply for residency at the Avalon Ridge Apartments and all Section 8 tenants who have vacated the Avalon Ridge Apartment pursuant to 13 defendants'policy of terminating all such tenancies. 14 The Court declined to certify a class with respect to damages,however. 15 (D) Subsequently,Plaintiff moved for summary judgment on her disparate impact and XZO l6 disparate treatment discrimination claims,and on her contract claim under the Regulatory Agreement C2 17 between the Washington State Housing Finance Commission and defendant Sunpointe Assocs.Ltd. C�! gel O 18 Partnership. The Court granted Plaintiffs motion on her disparate impact claim,finding that cc l9 Defendants'decision to end their participation in the Section 8 progtarn by,among other things, 20 terminating the tenancies of Section 8 recipients living at Avalon Ridge and refusing to take Section 8 21 tenants in the future had a discriminatory effect on Plaintiff and other Class Members on the basis of 22 their race,sex,and familial status in violation of the Fair Housing Act The Court also granted 23 permanent injunctive relief enjoining Defendants from ending their participation in the Section 8 24 program for so long as the Regulatory Agreement remains in effect 25 STIPULATION AND AGREEMENT OF COMPROMISE Kneel•Guts?.LL.C. AND SETTLEMENT-2 A thni.io.r cam► Two Uftioa Sgoat 601 Union Saes Sa s,WA 91101 (206)612-S15I . • 2 1 (E) Defendants filed an interlocutory appeal of the Court's summary judgment ailing. That appeal is pending as of the effective date of this Settlement Stipulation. 3 (F) Class Counsel have made a thorough and detailed investigation into the facts and 4 circumstances involved in this litigation and have conducted extensive document,deposition and other 5 discovery. Based upon this investigation and discovery,Class Counsel have concluded that,in view of • 6 the substantial benefits of the settlement and the risks of litigation,the settlement provided for by this Settlement Stipulation is fair,reasonable,and adequate,and in the best interests of members of the g Class(as defined below in paragraph 1(b)). In particular,Plaintiff and Class Counsel agreed,on behalf 9 of Plaintiff and the Class Members she represents,subject to the approval of the Court,to settle this 10 litigation in accordance with the terms and conditions of this Settlement Stipulation only after Class • I1 Counsel took into account the likelihood that continued litigation against Defendants,in the absence of 12 a settlement.would be protracted and involve complex issues of fact and law compounded by the risks :0 13 427, and uncertainties inherent in litigation of this type. O 14 NOW,THEREFORE,IT IS STIPULATED AND AGREED,among the undersigned,subject N N 15 to Court approval pursuant to Rule 23 of the Federal Rules of Civil Procedure,that,to avoid the p 16 inherent expense and uncertainty of litigation,and without admission of liability or fault,this litigation ac 17 is settled upon the following terms and conditions: 18 PEFINTTIQNi 19 I. In addition to the terms defined elsewhere in this Settlement Stipulation,the following 20 terms shall have the follow ing meaning: 21 (a) The term"Class Cotmsei"shall include Columbia Legal Services,Bogle& 22 Gates P.L.L.C.,and any other counsel now or hereafter designated by the Court to represent a certifies 23 class of Section 8 tenants currently or formerly residing at Avalon Ridge Apartments. 24 25 STIPULATION AND AGREEMENT OF COMPROMISE aoWu!GAM P.LLC AND SETTLEMENT-) A Proforma Larked Warr Cma..r NV Urfa Sara 601 thiom S.m Seta WA 91101 (206)612.515I • 1 (b) The terms"Class","Mernhers of the Class"or"Class Members"for purposes of 2 1 this Settlement Stipulation shall include all recipients of Section 8 assistance,including those presently 3 or formerly residing at Avalon Ridge Apartments,who suffered damages as a direct result of the 4 Defendants'No-Section 8 Policy(as defined herein),excl uding only persons who exercise their right 5 to exclude themselves pursuant to Fed.R.Civ.P.23(c)(2)(A)as provided herein. Conditioned upon 6 a Final Order of Approval of this Settlement,the parties hereto stipulate,for purposes of this settlement 7 only,to the certification of the Class pursuant to yed.R.Civ.P.23(c). 8 (c) The term"Class Releasees"shall have the meaning specified in paragraph 13 of 9 • this Settlement Stipulation. 10 (d) The term"Class Rcleasorf"shall have the meaning specified in paragraph 12 of 11 this Settlement Stipulation. 12 (e) The term"District Court"or"Court"shall mean the United States District Court • Qi 13 m for the Western District of Washington. 0 14 • (f) The term"Final Order of Avoroval"shall mean an Order and Final Judgment(as pi 15 described in paragraph l 1 below),pursuant to Fed.R.Civ.P.23,certifying a class for purposes of CD GC 16 recovering damages and approving this settlement as satisfaction in full of such damages claims,which 17 has become final.i.e.,is no longer subject to review by any court whether by appeal,writ of certiorari, 18 motion for reconsideration,or otherwise. 19 (g) The term"Date of Final Order of Aovrov}I"shall mean the date the Final Order 20 of Approval(as defined herein)has become final,i.e.,is no longer subject to review by any court 21 whether by appeal,writ of certiorari,.motion for reconsidrntioe,or otherwise. 22 " (h) The term"Final Order of Reiectiop"shall mean an order entered by the District 23 Court or any appellate court refusing approval of this settlement if either(i)such order is no longer 24 subject to review byanycourt whether j by appeal,writ of certiorari,motion for reconsideration,or 25 STIPULATION AND AGREEMENT 0:COMPROMISE BOGt2&GATES P.LLC. AND SETTLEMENT-4 A hedrnr tea Lally car Teo limos Sews 601 Orson Saes Suds.W A 9110I t206161O I l l • 111 otherwise,or(ii)review of such order is not sought or noticed byanyhereto within sixty gh party (60) 2 days of the date of entry of such order. 3 (i) The term"Qot Outs"shall mean any person who is eligible for inclusion in the 4 Class but who,pursuant to Fed. R.Civ. P.23(c)(2)(A),has excluded themselves from the Class in accordance with the procedures established by the Court 6 (j) The term"No-Section 8 Policy"shall mean the Defendants'acts prior to 7 September I, 1997(i)to cease the participation of the Avalon Ridge Apartments in the Section 8 8 program.(ii)to decline to renew the tenancies of current and former Avalon Ridge tenants receiving 9 Section 8 assistance pursuant to the Defendants'decision to cease participating in the Section 8 10 ;d program,(iii)to direct,demand,order,or compel current and former Avalon Ridge tenants receiving ��]]] Section 8 assistance to vacate their apartments at Avalon Ridge pursuant to the Defendant,'decision to cease participating in the Section 8 program,as well as any other policy or act of defendants which discriminates against or has a discriminatory impact on any recipient of Section 8 benefits or of other c14 public assistance. 15 (k) The term"Prcc f of Claim"means an appropnate form,to be aPP P approved by the 16 Court and to be filed by Members of the Class,in order for them to be eligible to participate in the 17 distribution of the settlement funds as herein provided. 18 (I) The term"Section 8 Tenant Subject Matter?"shall mean any matters in 19 connection with,arising out of,or which are in any way related to(i)the No-Section 8 Policy,or 20 (ii)any claim,debt,or cause of action against any Class Member relating to the Class Member's • 21 tenancy as Avalon Ridge Apartments prior to September I. 1997,or(iii)all claims.counterclaims.and 22 cross-claims assuitd in Plaintiffs Second Amended and Supplemented Complaint 23 (m) The term"Avalon Ride Affiliate"shall mean Sunpointe Associates,Ltd- 24 Partnership and America First Properties Management Co.LLC,their parents,subsidiaries and 25 STIPULATION AND AGREEMENT OF COMPROMISE BocLi&Carts P.LLC. AND SETTLEMENT-5 A noauiond Limre6 Cow rw 1.1410.1 Squire 601 l)nron Sow Steels,WA 9r101 12061 6a.iisl • • -�. • • • affiliates.each of their predecessors,successors and assigns,and each of their present and former 2 officers.directors,employees,agents,attorneys,representatives,partners,heirs,devisees and legatees. 3 (n) The term"Avalon Ridge Releasees"shall have the meaning specified in paragraph 12 of this Settlement Stipulation. . 5 (o) The term"Avalon Ridge Releasors"shall have the meaning specified in 6 paragraph 13 of this Settlement Stipulation. 7 (p) The term"Settled Claims"shall mean any and all manner of claimx,rights, 8 actions,complaints,causes of action,suits,liens,obligations,accounts,debts,demands,agreements, 9 promises,liabilities,controversies,costs,expenses,and attorneys'fees in connection with,arising out • 10 of,or which are in any way related to the Section 8 Tenant Subject Matters. T I]GC (q) The term"Settlement Fund"shall mean the fund established subsequent to the CO 12 Final Order of Approval pursuant to paragraph 3 below,plus interest accrued or earned thereon. Cl 13 (s) The term"Settlement Sum"shall mean the sum of money paid pursuant to cr 14 paragraph 2 hereof. 15 THE SETTLEMENT PAYMENT 16 2. Upon the entry of the Order of Preliminary Approval(as described below in paragraph 17 10),and within ten(l0)business days after being notified of the entry of such order,Defendants shall 18 deposit into a trust account(the''Trust Account")established by their counsel.the law firm of Byrnes 19 &Keller LLP,the Settlement Sum of two hundred thousand dollars(S200,000)(the"Settlement 20 Sum"). Defense counsel will notify counsel for plaintiff in writing promptly upon the funding of said 21 Trust Account. No monies shall be disbursed from the Trust Account mixpt as provided in paragraph 22 3 or 5 below or pursuant to a Court order. All interest or other income earned on the Trust Account 23 prior to the transfer of the Settlement Sum to the Settlement Fund as described in paragraph 3 shall be 24 retained by Defendants who shall pay all taxes due on said interest or income. 25 STIPULATION AND AGREEMENT OF COMPROMISE BOGtl•GATES P.LLC. AND SETTLEMENT-6 A P,ak,oaa.r L d Willey Ca•/aaf Two Ui,i a Snort 601 Uwe Sava Saida.WA 91110 I (2 061 641 4 1 S 1 I F • 3. Provided there is entered an Order and Final Judgment(as described below in paragraph 2 I l)approving the settlement and provided that that order becomes a Final Order of Approval,(a) the 3 Settlement Sum shall accrue to the benefit of the Class,and(b)within two(2)business days of • 4 receiving a Court order approving the transfer of the funds in the Trust Account,Byrnes&Keller LLP 5 shall arrange for the transfer of the Settlement Sum to an appropriate account created pursuant to order ' 6 of the Court for the purpose of satisfying claims of Members of the Class against Defendants(the "Settlement Fund"). - i 8 4. Defendants shall have no tcspunsibility for administration or investment of the 9 • Settlement Fund. All interest or other income earned on the Settlement Fund shall accrue to the benefit eof the Class. It is the intention of the parties that any taxes payable on,or with respect to,the income • earned on the Settlement Fund shall accrue to the Class and be payable by the person or entity who N2 rl must report such income. All bank charges or fees for the administration of the Settlement Fund shall 3 be payable out of the Settlement Fund a)t4 5. In the event that there is a Final Order of Rejection or this Settlement Stipulation is 15 otherwise terminated as provided below in paragraph 20,the funds or s curities in the Trust Account 16 and the Settlement Fund(if one has been established),together with all proceeds realized therefrom 1 and interest or income earned thereon.shall be returned to Defendants. 18 6. The payment of the Settlement Sum pursuant to this Settlement Stipulation,subject to 19 entry of an order approving the Settlement and subject to that order becoming a Final Order of 20 Approval,will be made satisfaction in full of all claims by Class Members that are Settled Claims and 21 consideration for,inicr dja,the entry of the Order and Final Judgment provided for in paragraph I 1 22 below dismissing all such claims with prejudice,and for the release as described in paragraph 12 23 below. 24 25 STIPULATION AND AGREEMENT OF COMPROMISE BOGLL£GATIS P.LLC. AND SETTLEMENT-7 A fvactut L+mA6 LiabifIty Cowley T. Union Upon 601 Um.Stu.i Stacie,WA 61101 r206)6t2•STS1 -- ,� • I 7. Allocation of the Settlement Sum among the various Class Members whose claims are 2 being settled pursuant to this Settlement has not yet been made. Class Counsel will recommend to the 3 Court that a Magistrate Judge be appointed to evaluate the eligibility for membership in the Class and 4 the claims submitted by individuals who may be Class Members and to allocate the Settlement Fund 5 among Members of the Class. The appropriate allocation of the Settlement Sum will then be made by 6 the Court and/or the Magistrate Judge. In the event that the Court and/or the Magistrate Judge allocates less than the entire amount of the Settlement Sum to the Class Members,the portion of the ' 8 . Settlement Sum remaining after payment of the Class Members'claims will be paid to Class Counsel, an 9 Ga upon appropriate application to the Court or the Magistrate Judge,to satisfy Plaintiff's attorneys fees, 10 costs,and litigation expenses. 1.11 I I ATTORNEY'S FEES AND EXPENSES 12 8. Plaintiff and Defendants stipulate that the combined amount of plaintiffs attorneys fees, 13 costs,and expenses of prosecuting this action exceed one hundred thousand dollars(S 100,000). 14 Plaintiff and Defendants further stipulate that the Court's ruling on Plaintiff's Motion for Summary • 15 Judgment entitles Plaintiff to seek the frill amount of the attorneys fees,costs,and expenses expended 16 by Class Counsel. As part of this settlement,Plaintiff and Defendants agree that Defendants shall pay 17 fiftythousand dollars S50,000)of Plaintiff's attorneys fees and costs. Accordingly,( y upon entry of the 18 Order and Final Judgment,and within ten(10)business days after being notified of the entry of such 19 order,Defendants shall pay the sum of fifty thousand(S50,000)to Bogle&Gates P.L.L.C.,such sum 20 to be applied to attorneys fees,costs,and expenses of Class Counsel. • 21 AGREEMENT REGARDING CERTAIN CURRENT SECTION 8 RESIDENTg 22 9. As part of the settlement,Defendants agree that,for a period of three(3)years,starting 23 on September 1, 1997,they will set the rent of all Section 8 participants who were living at Avalon 24 Ridge as of September 25, 1996,and who were still living at Avalon Ridge as of August 1,1997,at an 25 STIPULATION AND AGREEMENT OF COMPROMISE boll a GATLS P.LLC. AND SETTLEMENT•S A PO1eio"i1 Lannon •(moor, • T.)Union Sworn 601 Union Sem Sonde.WA9t101 12061642-51S1 • 1111 1 amount no greater than the maximum rent then-approved by the Department of Housing and Urban 2 Development and then-available from the Renton Housing Authority that would enable a Section 8 3 certificate holder in the tenant's position to remain eligible to live at Avalon Ridge with a Section S 4 certificate. Defendants also agree that,during this three-year period,they will not seek to terminate the 5 tenancy of any such tenant because of their receipt of Section 8 benefits or other public assistance. • 6 This agreement by Defendants shall apply with respect to all of the above-described Section 8 participants,whether or not they arc certificate holders or voucher holders,whether or not they are • 8 deemed Members of the Class by the Court or Magistrate Judge,and whether or not they submit a 9 claim for compensation from the Settlement Fund. However,this agreement shall not be deemed to 10 compromise the Defendants'right to enforce as to Class Members generally applicable apartment I 1 rules,lease terms,and landlord-tenant laws as modified by Section 8 regulations and the injunction 12 referenced above in paragraph D. • 13 THE SETTLEMENT HEARING Cr 14 10. The parties to this settlement shall submit a proposed order to the Court for approval as 15 soon as practicable after this Settlement Stipulation has been executed(the"Order of Preliminary C16 Approval')which shall provide for: 17 (a) granting preliminary Court approval to the settlement,subject to a further hearing upon 18 the fairness.reasonableness and adequacy of the settlement; 19 (b) scheduling a hearing,at the convenience of the Court.upon the fairness,reasonableness 20 and adequacy of the Settlement: 21 (c) directing that claims pleaded in Plaintiffs Second Amended and Supplemented 22 Complaint shall proceed,for settlement purposes only,as class claims for the purposes of adjudicating 23 damages to the Class and establishing for purposes of settlement only the Class as defined in paragraph 2' 1(b),above; • 25 • STIPULATION AND AGREEMENT OF COMPROMISE Doctl&GATu P.L/_C. AND SETTLEMENT•9 Ane6mlewuarrt ielyCif Tao slain•Sqa 601 Uawa Sara Sheri.WA 98101 (208)6313151 • s • (d) providing for the publication of a short form notice to putative Class Members with resyce,t to the litigation,settlement hearing and matters relating hereto(attached as Exhibit A); 3 (e) providing for the dissemination of a mailed notice to putative Class Members with 4 respect to the litigation,the settlement hearing and matters relating thereto(attached as Exhibit B); 5 (f) establishing the procedures for opt-outs and fixing the deadline for requests for 6 exclusion from the class at thirty(30)days from the date of the first publication of the short form 7 notice referred to above;and - 8 establishinga schedule for the service of objections(if any)to the settlement,the filing J �. 9 of briefs in support of the settlement 10 ORDER AND FINAL,TQDGI►ENT II ;d 11. If the settlement(including any modification thereto made with the consent of the Cr.• 12 parties as provided for herein)shall be approved by the Court following a hearing,the parties shall • 13 jointly request the Court to enter an order and final judgment(the"Order and Final Judgment"or • H 14 "Judgment"): Q) 15 p) (a) approving this Settlement Stipulation and the settlement as fair,reasonable and 16 adequate;finding the terms hereof to be valid and enforceable; and directing the consummation n ation of the 17 Settlement in accordance with the terms and provisions of this Settlement Stipulation; 18 (b) approving the releases included in paragraphs 12 and 13 hereof(i)by plaintiff and all 19 other Members of the Class(the"Class Release of Defendants")which release shall constitute a part of 20 the Judgment and shall be binding upon all Class Releasors(as defined),and(ii)by Defendants(the 21 "Defendants'Release of the Class"),which release shall constitute a part of the Judgment and shall be 22 binding upon all Avalon Ridge Releasors(as defined); 23 24 25 STIPULATION AND AGREEMENT OF COMPROMISE BOGLL&GAns F.LLC AND SETTLEMENT• 10 A P,okunAN Lis*i+d MY Cam...r Too Umoa Scture 601 Vann Soma S.aek.W A 96101 (2061 612.151 J� M_ • • 1 (d) providing that all Class Releasors(as defined herein)are deemed to have released and 2 discharged the Avalon Ridge Releasers(as defined herein)in accordance with the terms of the Class • 3 Release of Defendants; 4 (e) providing that all Avalon Ridge Releasors(as defined herein)are deemed to have 5 released and discharged the Class Releasees(as defined herein)in accordance with the terms of the 6 Defendants'Release of the Class; (f) making an express determination that adequate notice of this settlement and the hearing g • thereon has been given and that the provisions of this Settlement Stipulation shall be binding upon 9 Plaintiff and all other Members of the Class in any action in this Court or any other Court; 10 (g) appointing a Magistrate Judge to evaluate claims made by potential Class Members and , • 11 allocate the Settlement Fund among the Class Members;and • tit • 12 (h) reserving jurisdiction in this Court over Plaintiff,Defendant,and the Members of the • 13 Class and all matters relating to the administration and consummation of the settlement,including CC• 14 enforcement of the injunction described above in paragraph D and distribution of the Settlement Fund. IS RELEASES 16 12. Upon the Date of Final Order of Approval and effective as of such date,Plaintiff and all I7 other Members of the Class,on their own behalf and on behalf of their executors,administnuon,heirs, 18 successors and assigns and any other persons claiming through them or in their right(collectively the 19 "Class Releasors'),for good and valuable consideration,receipt of which is hereby acknowledged, 20 release and forever discharge Defendants,their parents,subsidiaries,affiliates,employees,officers,and 21 directors(collectively the"Avalon Ridge Releasees'')of and from any and all manner of claims,rights, 22 actions,:omplaints,causes of action,suits,liens,obligations,accounts debts,demands,agreements, 23 promises,liabilities,controversies,costs,expenses and attorneys'fees whatsoever,in law or in equity, 24 wnether based on any federal or state law or right of action in connection with,arising out of or which 25 STIPULATION AND AGREEMENT OF COMPROMISE Boot!GATLS P.LLC. AND SETTLEMENT-I I A nwoii UMW U6Y11wy Cooper T.o U.s Spas 601 Uwe inn SaluWA91101 1206)6124171 • 11111 I are in any way related to the Section 8 Tenant Subject Matters. This release shall be binding upon each 2 of the Class Releasors upon the Date of Final Order of Approval without any further action by anyone 3 and regardless of whether such Class Releasors individually execute any release. If requested by 4 Defendants,however,each individual Class Member shall execute a release incorporating the 5 provisions of this paragraph prior to the disnibution to such Class Member of its allocated share of the 6 Settlement fund(as determined by the Court or Magistrate Judge in accordance with paragraph 7). At Class Counsel's election,such individual release may be incorporated in an appropriate Proof of Claim 8 or as part of the distribution check. • 9 13. Upon the Date of Final Order of Approval and effective as of such date,Defendants,on , • • 10 their own behalf and on behalf of their executors,administrators,heirs,successors,assigns,employees, ll officers,and directors and any other persons claiming through them or in their right(collectively the tit 12 "Avalon Ridge Releasers'),for good and valuable consideration,receipt of which is hereby 9.1 13 acknowledged,release and forever discharge Plaintiff and members of the Class,each of their • cc 14 CI predecessors,successors and assigns(collectively the"Class Releasees')of and from any and all 15 manner of claims,rights actions,causes of action,complaints,suits,liens,obligations,accounts,debts, 16 demands,agreements,promises,liabilities,controversies,costs,expenses and attorneys'fees 1 whatsoever,in law or in equity,whether based on any federal or state law or right of action or IS otherwise,which against such Class Releasees or any of them the Avalon Ridge Releasors or any of 19 them ever had,now have or can have,or shall or may hereafter have,in connection with,arising out of, 20 or which are in any way related to the Section 8 Tenant Subject Matters. This release shall be binding 21 on the Avalon Ridge Releasors upon the Date of lrinal Order of Approval without any further action by 22 anyone. Defendants shall execute a release incorporating the provisions of this paragraph for the 23 benefit of each such Class Member who at Defendants'request executed a release pursuant to the last 24 sentence of paragraph 11,above. 25 STIPULATION AND AGREEMENT OF COMPROMISE 6octz is Ganz P•t-1-C• AND SETTLEMENT-12 A r'tohueol I Lammed Lu6eMr Com ry • Two Uwao Squint 601 Uea.e Suss S.H1..WA 01101 R061612.5151 • • 14. Except as provided elsewhere herein,nothing in this Settlement Stipulation shall be 2 construed as limiting the rights of Plaintiff and the Members of the Class,on the one hand,or the 3 Defendants.on the other hand,to pursue whatever claims they may against each other accruing after 4 September I.1997. 5 15. Except as provided elsewhere herein,nothing in this Settlement Stipulation shall be 6 construed as limiting the rights of Defendants to pursue whatever claims it has against all individuals 7 and entities other than the Class Releasees(as defined),and this Settlement Stipulation does not and 8 shall not impair or release any claim or cause of action of Defendants against current tenants of Avalon 9 Ridge(including those who may be Class Members)for rents or other expenses or costs duly payable 10 and owing under any applicable lease agreement between the tenant and Defendants. • I I DISMISSAL OF ALL PENDING CLAIMS 12 16. Effective as of the Date of Final Order of Approval,Plaintiff agrees to dismiss with ' Q" 13 prejudice,and without the acc.ssment of costs,all remaining unresolved claims contained in Plaintiff's N 14 Second Amended and Supplemented Complaint. The dismissal with prejudice of Plaintiff's claims 15 shall in no way effect the continued validity and enforceability of the permanent injunction imposed by Cr)GC 16 the Court against the Defendants pursuant to the Court's grant of partial summary judgment described 17 above in paragraph D. 1 8 17. Effective as of the Date of Final Order of Approval,Defendants agree to dismiss with 19 prejudice their interlocutory appeal described above in paragraph E. 20 GOOD FAITH COOPERATION 21 18. The parties shall cooperate in good faith and use their best efforts to obtain,as promptly 22 as practicable,final approval of the settlement pursuant to Rule 23 and to implement the settlement 23 provided for herein.including execution by the parties hereto or Class Counsel of such further 24 documents as are reasonably necessary to implement the provisions hereof and cooperation to obtain 25 STIPULATION AND AGREEMENT OF COMPROMISE moat£GATES?L.LC. AND SETTLEMENT•I) A Pro/mama Limpie4 1.4.46.11ry Casimir Two(hum Soa s • 601 Uove 3frt S4441e WA 90101 (206)6a-3 t 31 • • 14. Except as provided elsewhere herein,nothing in this Settlement Stipulation shall be • 2 construed as limiting the rights of Plaintiff and the Members of the Class,on the one hand,or the • 3 Defendants,on the other hand,to pursue whatever claims they may against each other accruing after 4 September I,1997. 5 15. Except as provided elsewhere herein,nothing in this Settlement Stipulation shall be • 6 construed as limiting the rights of Defendants to pursue whatever claims it has against all individuals • 7 and entities other than the Class Releasees(as defined),and this Settlement Stipulation does not and 8 shall not impair or release any claim or rails,.of action of Defendants against current tenants of Avalon • 9 Ridge(includingthose who maybe Class Members)for rents or other expenses or costs duly payable 10 and owing under any applicable lease agreement between the tenant and Defendants. • 1 l DISMISSAL OF ALL PENDING CLAIMS 12 16. Effective as of the Date of Final Order of Approval,Plaintiff agrees to dismiss with Q" 13 prejudice,and without the accrssment of costs,all remaining unresolved claims contained in Plaintiff's N 14 (V Second Amended and Supplemented Complaint. The dismissal with prejudice of Plaintiff's claims 15 shall in no way effect the continued validity and enforceability of the permanent injunction imposed by c) 16 the Court against the Defendants pursuant to the Court's grant of partial summary judgment described 17 above in paragraph D. 18 17. Effective as of the Date of Final Order of Approval,Defendants agree to dismiss with 19 prejudice their interlocutory appeal described above in paragraph E. 20 GOOD FAITH COOPERATION • 21 18. The parties shall cooperate in good faith and use their best o:fforts to obtain,as promptly 22 as practicable,final approval of the settlement pursuant to Rule 23 and to implement the settlement 23 provided for herein,including execution by the parties hereto or Class Counsel of such further 24 documents as are reasonably necessary to implement the provisions hereof and cooperation to obtain 25 STIPULATION AND AGREEMENT OF COMPROMISE ioccz&GAn S P.LLC. AND SETTLEMENT 13 A r+'aw+eali Lu11011 U++µer car T6o U,um Sours 601 Unica 3em Sails.WA 911101 (206)661r-ill l • appropriate Court orders. Neither Plaintiff,Class Counsel nor Defendants shall seek to evade their 2 good faith obligations to seek approval and implementation of this Settlement by virtue of any rulings, 3 orders,governmental or other reports,legislative action,the results of any proof of claim process or 4 other developments,whether in this litigation,any other litigation.or otherwise,that have occurred 5 after August 8,1997,or might hereafter occur,and might be deemed to alter the relative strength of the • 6 Plaintiff,Class Members or Defendants with respect to any claim or defense or their relative • 7 bargaining power with tv3pe t to negotiating a settlement The parties and have arrived at this 8 settlement it arm's-length negotiations taking into account all such relevant factors,present or 9 potential. 10 TERMINATION Z11 19. Except as provided below in paragraph 20,none of the parties to this settlement shall 12 have the right to terminate the settlement unless and until there is a Final Order of Rejection. • 13 GV 20. Defendants shall have the right to terminate this settlement in the event that Plaintiff or © 14 X one or more Class Members exclude themselves from the settlement pursuant Fed.It.Civ.P.23(c). 15 Defendants must exercise this right the settlement by notifying Class Counsel and the Court of their 16 decision to terminate within seven(7)days of being notified that Plaintiff or another Class Member has • • 17 excluded themselves from the settlement 18 EFFECT OF TERMINATION OR FINAL.ORDER OF REJECTION 19 21. In the event that there is a termination or Final Order of Rejection,the settlement 20 proposed herein(including any modification thereto made with the consent of the parties as provided 21 for herein),my action taken or to be taken in coonoctioa therewith(including the orders to be entered), and any covenants not to sue,releases,undertakings,or concessions or agreements made for purposes ' 23 of settlement,shall become null and void and have no further force and affect,except that:(i)any ,; moneys deposited in the Trust Account pursuant to paragraph 3 of this Settlement Stipulation,or the 25 STIPULATION AND AGREEMENT OF COMPROMISE BOcLZ&GArta P.LLC. AND SETTLEMENT-14 A PAra ow Lard LlAdlty Cr*wr, Tro time Squire 601 Uwe Street Baia,WA 911101 (206)642-5151 s • 1 Settlement Fund pursuant to paragraph 4 of this Settlement Stipulation,together with all pnxeeds 2 realized therefrom or interest or other income earned thereon,shall be returned or repaid m Pro pdY to 3 Defendants;and(ii)all provisions in this Settlement Stipulation that by their terms survive a Final 4 Order of Rejection or termination of the Settlement shall continue in full force and effect 5 OTIIERPROVISiQNS RELATING IO i►UMRSFUP TN THE CLASS • 6 22. Notwithstanding any prior release that any present or former Avalon Ridge Resident provided or may be deemed to have provided in-the context of actual or threatened eviction 8 proceedings or unlawful detainer actions brought by Defendants against the individual,such individual X 9 may nevertheless participate as a Member of the Class in this settlement and receive the consideration 10 to which they may be entitled as part of this settlement if the Court or the Magistrate Judge determines 11 that the individual's eviction or threatened eviction by Defendants was a direct result of the No-Section cic 12 S policy. 13 MISCELLANEOUS PROVISIONS 14 23. The captions herein are used for the purpose of convenience only and are not meant to 15 have any legal effect. - 16 24, This Settlement Stipulation has been prepared as the result of arms-length negotiations 1 between Class Counsel and counsel for Defendants- All parties have contributed substantially and 18 materially to the preparation of this Settlement Stipulation. This Settlement Stipulation shall not be 19 construed more strictly against one party than another party. 20 25. This Settlement Stipulation,including the exhibits hereto,constitutes the entire 21 agreement of the parties with tcz,a.t to the subject matter hereof. This Settlement Stipulation and 22 exhibits may not be modified or amended except by a writing signed by or on behalf of the party 23 against whom enforcement of such modification is sought. No provisions of or breach of this 24 Settlement Stipulation may be waived except by a writing executed by all parties. 25 11 STIPULATION AND AC,REEMENTOF COMPROMISE BOCA-I&GAilts iaa rl P.LLC. AND SETTLEMENT. 15 A►roa Lowed:.ubeliry CompeaY lima me Squirt w 601 Uee Siren I $erne,MA 98101 (200 611.5111 • s . • • 1 26. The administration and consummation of the Settlement provided for herein shall be 2 under the authority of the District Court Any dispute concerning the construction or implementation • 3 of this Settlement Stipulation shall be resolved by the court- 4 27. The Parties may agree,without further order of the Court,to reasonable extensions of 5 time to carry out any of the provisions of this Settlement Stipulation. 6 28. This Settlement Stppulatioe shall not be effective or binding on the Parties unless and until it has been executed by or on behalf of each of the Parties. • 8 29. All of the provisions and terms of this Settlement Stipulation shall be binding upon and 9 inure to the benefit of the Parties and their respective heirs,reproves,administrators,executors, 10 successors and assigns. N I 1 30. This Settlement Stipulation may be executed in the form of one or more counterparts p 12 with the same forte and effect as if all signatories had executed a single copy of this Settlement 13 Stipulation. 14 31. The effective date of this Settlement Stipulation is August 8, 1997. 15 32. This Settlement Stipulation(including,but not limited to,the releases provided hereby) 16 shall be construed in accordance with the laws of the State of Washington(without regard to 17 Washington's rules with respect to choice of law)or,to the extent applicable,with federal statutory or 18 other federal law as to the federal Fair Housing Act and Civil Rights Act claims. 19 20 21 22 23 24 • 25 STIPULATION AND AGREEMENT OF COMPROMISE bctst GATESP.LLC jr AND SETfL EMENT-16 A Pfolasiorl Linked Uabbry CollMrr Tee WWI Seen • e0i1 t Sere.WA rlOI rt Rim e11415I • • • • • • IN WITNESS WHEREOF,this Stipulation has been executed for the parties hereto by the 2 undersigned counsel of record for the parties hereto as of August 8,1997. • 3 • 4 B• -• GATES P.L.L.C. 5 ! A r f 6 David A.2•apolsky,WSB 451 7 Two Union Square,601 U on Street Seattle,WA 98101-2346 4.0 8 (206)-682-515I - CC -and- .,. 10 N ri COLUMBIA LEGAL SERVICES '4. @ I } C? 12 ��.---p ��`^�� 84Z .��+4 vt '-•. 13 David Girard,WSBA#17658 101 Yesler Way,Ste.300 14 Seattle,WA 98104 15 Attorneys for Plaintiff 16 • 17 18 BYRNES St KELLER,LLC 19 (22,0t.. (,- e4,44.sta ga. . 20 RalphE.Cromwell,Jr.WSBA* t t�$y 21 1000 Second Avenue,38'Floor Seattle,WA 98104 22 Attorneys for Defendant 23 24 25 STtPULA71ON AND AGREEMENT OF COMPROMISE OMISE Ducts a GArtts►•L-1-C- AND SETTLEMENT-17 A hoissinal LI0m1 LLltikrr Cmmu► Twe Udoe&PM 401 Uia Some Stale,WA 91101 (206)K2•J I71 irs�=L �-4 liters f'+r __ 0 11(21/97 14:2$ FAI Zoe 3e2 338e DLNIVA.N C/JO03itTO$ 1 • EXHIBIT B 1 1 THE HONORABLE JOHN C.COUGHENOUR 2 --'1CLF' 'aEpCo ioaD k. E.rfTERc,� 3 RECEIVED X 4 MOV 1 9 NO 4 1997 Mo z ,,„ al wow ova . iY er,zb e,:ir*r* o., it mote,v Mr=Wrq Cs/ DIRT' O 7 E 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 0 ANGELA GREEN,on behalf of herself and all others) similarly situated„ ) 11 ) NO. C96-1542C - 12 Plaintiff, ) ) [PROPOSED]ORDER AND FINAL v ) JUDGMENT APPROVING CLASS 13 ) SETTLEMENT • V SUNPOINTE ASSOCIATES.LTD.PARTNERSHIP,) 14 a Washington limited puma ship,dba Avalon Ridge ) Apartments;AMY OT'I.O;AMERICA FIRST ) MI5 PROPERTIES MANAGEMENT CO.LLC;and ) V AVALON RIDGE APARTMENTS„ ) 16 Defendant ) sr 17 v 18 Plaintiff,as class representative,and defendants having made implication,pursuant to Rule 23(e) 19 of the Federal Rules of Civil Procedure,for an Order approving a proposed settlement in accordance 20 with the Stipulation and Agreement of Compromise and Settlement dated as of August 8,1997 21 (••Settlematt Stipulation"),which was filed in this Court on or about September 30,1997,together with 22 exhibits thereto,and which sets forth the terms and conditions of the proposed settlement and is hereby 23 incorporated by reference(capitalized terms used herein which are defined terms in the Settlement 24 Stipulation shall have such defined meaning);and / 25 Cj . BOGLE&GATis►.i_1 C ORIGINAL Almsman Liaised tAMM, , ORDER AND FINAL JUDGMENT APPROVING CLASS Sonic M.Mpcn 91 t 0,.13,.ON)61124151 SF.I 1 LENIENT-1 .alifiaiiiiy • 111 14.21,9; 14:26 FAl 208 ant »era DttiIVA.v 0004/001 1 1 1 Adequate nonce of the Settlement Stipulation having been provided to all potential elm 2 members,pursues to Fed.R.Civ.P.23(e)and(e),in accordance with this Court's Order Preliminarily 3 Approving Class Settlanens,filed October 7,1997;and 4 An approval hearing having been held before this Catut on November 19,1997,pursuant to Fed. 5 R.Civ.P.23(e)and the Order Preliminarily Approving Class Settlement,and 6 The Court having beard counsel and read and considered all papers filed baria; td 7 It is hereby ORDERED,DECREED and ADJUDGED as follows: • 6 g 1. That for purposes of this settlement,this action is and shall be maintained as a class 9 action under Fed R.Civ.P.23(bX3)on behalf of a class consisting of: .4 O 10 All recipients of Section 8 assistance,including those presently or 11 formerly residing at Avalon Ridge Apartments,who suffered damages as a direct result of the Defendants'No-Section 8 Policy(as defined in the 12 Settlement Stipulation),excluding only persona who exercise their right to exclude themselves pursuant to Fed.R.Civ.P.23(cX2XA). 13 2. That no one has requested exclusion from the settlement. 14 3. That no one has objected to the senlernmt 15 4.. That the settlement provided for in the Settlement Stipulation is fair,reasonable,and 16 adequate;that the terms thereof are valid and enforceable;and that the settlement is to be consummated 17 in accordance with the tams and previsions of the Settlement Stipulation 18 5. That the releases included in paragraphs 12 and 13 of the Settlement Stipulation(i)by 19 plaintiff and all other Members of the Class(the"Class Release of Defendants")shall constitute a part of 20 this Final Judgment and shall be binding upon all Class Releasors,and(ii)by Defendants(the 21 • "Defendants' Release of the Class")shall constitute a part of this Final Judgment and shall be binding 22 upon all Avalon Ridge Releasers. 23 24 25 BOCLY&GATIM P.LLC. A PArl L7mi d 1..4iCr C.maor T...11.44.Sure 40i U.iv Sam ORDER AND FINAL JUDGMENT APPROVING CLASS Sad 1Voitaepoo 961614346 fiogw,sese SETTLEMENT-2 • • • 11/21/a7 14:22 FAX Zoe 3,2 33ee DUtIIVAZ Qoas/Ooa • l 6. That all Class Releasers(as defined in the Settlement Stipulation)as deemed to have 2 released and discbarged the Avalon Ridge Releiaees(as defined in the Settimasot Stipulation)in 3 accordance with the terms of the Class Me=of Defendants. 4 7. That all Avalon Ridge Relea.sor(as defined in the Settlmtmt Stipunticc)ore deemed to 5 have released and discharged the Class Relaxes(as defined in the Settlement Stipulation)in 6 accordance with the trams of the Defendants'Release of the Class. 8. That adegnite notice of the Settle:neat Stipalatim and the hearing thereon,in accatda to CID t X 8 with this Court's Order Preliminarily Approving Class Settlement,filed October 7,1997,has been given CC s,. Cal 9 by,inter alit,publication and marled class settlement notice. 10 9. That the provisions of this Settlement Stipulation shall be binding upon plaintiff,all other >, rl 11 Members of the Clan,and all Defendants r•. 12 10. That a Magistrate Judge shall be appointed to evaluree the claims made by potential Clan 1' 13 Members and allocate the Setrlemeut Fund among the Class Members. • 14 11. Thai the Court shall reserve jurisdiction over the Plaintiff,Defendants,and all Class • 15 Members with respect to all merles relating to the administration and consummation of the settlement, 16 including the allocation,distribution,and administration of the Settleman Fund and the allowance of 17 attorneys'fees and expenses to Class Counsel,as well as enforcement of the ixian against the - 18 l defead Order aws as described in the Court's Ord of May 12,1997. • • 19 20 21 • �+ 22 23 24 25 Boors Ik GAM r.LL.c. A Plat i UmbliAy COY, Ty.(Aka Simi Mr V.n.Saw ORDER AND FINAL JUDGMENT APPROVING CLASS Irak x.rrak.9um-Lisa SETTLEMENT-3 two cats 1st • • I 11/21/07 14:27 YA1 2U1 3 2l»ee ULM,A.S m+ktvo•40. J 1 12. That all remaining ter old dams pleaded in Plaintiff's Second Amended and 2 Supplemented Caalptnnt-other thin those ertunipassed by and_'_'to the Courts Ord of 3 Msy 12,1997,and the injunction described therein-an dismissed with prejudice and without COta,bat 4 the Count's Order of Msy 12,1997,shall temaia Undisturbed_ 5 6 SO ORDERED this i dry of Nwembes,1997. 9 GO HONORABLEJO C.COUGFENOUR 10 Cr © 11 12 eel m 13 14 15 16 17 18 • 19 20 21 22 23 • 24 25 BOGLL A GATE ra..L.c. A hellwilmil LJwlwe L I Cam► 7W Ul la ipwe i i01 llela lea ORDER AND FINAL JUDGMENTAPPROVING CLASS sums.mows sal 01-17419a0402.1131 SETTLEMENT-4 s MI \ EXHIBIT C COPY-OR IGINAL DOCKETED 7. / OSX ifc arrr 4141,e -tom M NOM • 4, -4,p4) Pilii i*tsillMAY 12Eft tom r2 (( .r stomm1. ee;wW.c ..r.mw e 4 MUTED STATES DISTRICT CDURT WESTERX DISTRICT or IMSSIUGTOU Q5 AT SEATTLE O e MGELA GRr. , on behalf of ) herself and ell other similarly ) i tCV 7I Situated, ) 1.4 ) sI ) Plaintiff, ) riC --9 v ) LASSZ NO. C96-1542C ! SUUPOI2RL ASSOCTATLS, LTD., 312 O1D� ) et al. ) ) ( Defendants. ) 13 ) This matter comas before the Court on cross-lotions for euXaary 14 I , judgment. Raving heard oral argument, and hiving considered the -i5 I 1 pleadings, memoranda, exhibits and other_docimanti, on file, the ,) 6I Court now rinds and concludes as follows: 17 10I Z. maatQtwae ,o ! Plaintiff Angela Green lives at the Avalon Ridge Apartments __.......) " ("Avalon Ridge") in Renton, Washington. She is an African-American 20 woman with two children. She is the head of her household. eer 21 rent is partially subsidised through the section a program . n administered by the Renton Rousing Authority ('RSA'). 23 , Defendants are Sunpointe Associates Lisitef Partnership 24 I ("5unpointe Associatas"), the owner of Avalon Ridge, Aserice First 25 Properties Management Company, LLc, the property manager of Avalon 26 Ridge, and Amy Otto, the on-sits property manager of Avalon Ridge. ORDER -- 1 'C61r -- OHIUUI I 116-1 i212-23f-112 IO! n°N U, 11 AI • • The property manager of Avalon Ridge informed Green on July 1, 2 1996 that her lease would hot be renewed and that she vas to vacate 31 her apartment by September 30, 1996. Defendants intended to . terminate her leas. as part of a larger plan to end their 51 participation in the section a program. Defendants intended to 511 decline to renew all section 6 leases at Avalon Ridge and to 7 decline to enter into new Section s blames. :,D d In order to prevent her eviction and the eviction of other QC O =9I section a households. plaintiff filed the present class aation 04 C11 10 lawsuit. She claims that defendants have discriminated against bar 0 it and other Section s tenants at Avalon Midge on the basis of ram, O O> 12 ear and familial status. She alleges violations of the lair 13 Housing Act of lea* ('THA•), as amended, 42 U.S.C. 9 3601, et ssII., 14i the Civil eights Act of lies, 42 U.S.C. SS 1961 and 1942, and the 15 Washington Stete law against discrimination, RCW 49.60. She also 16 claims that defendants have breached the Regulatory agreement ,7 executed between the Washington State Housing finance Commiamion ,e (*Commission') and defendant sumpoint. Associates. 19 The Court on September 28, 1996 granted plaintiff's request for 2,3 . a temporary restraining order. The Court enjoined defendants from 21 taking any action to evict any Section a tenant from the Avalon 22 Ridge Apartments until a hearing on plaintiff's request for a 21 preliminary injunction could be held. Thereafter, defendants 2d renewed the Section 6 lease of plaintiff. They also pledged in 23 documenta submitted to the Court to uffer to renew all other 26 Section 6 leases for tenants who meet the Avalon Ridge qualifying ORDSR -- 2 A0 77 uu nut,., eetii 77C7-76—M7 emr it II LI. ►1 lM • • • _ .. . • MI i , ; criteria, and to continua to accept new Section S tenants who 2I qualify. Defandants pledged to continue this policy for so long as 3 ; the Regulatory Agreesent at issue in this suit remains in effect. a As a result of defendants' decision to voluntarily continue in the 5 section a progras, the Court denied plaintiff's request for a 6 ; preliminary injunction. 21 , I Subsequently, the Court certified the following class for the z i CO i purposes of obtaining injunctive reliefs NI -9 All currant Section a tenants at the Avalon Ridge Apartments v0 and all Section 8 tenants who in the future say apply for O p residency at the Avalon Ridge Apartamnts and all Section a , Z ' tenants who have vacated the Avalon Ridge Apartments pursuant C1 is to defendants' policy of terminating all such hies. it. Nov, plaintiff saves for summary judgment on her disparate impact 13 and disparate treatsant discrimination claims, and an bar contract " claim under the Regulatory agreement. Defendants cress-move far 15 summary judgment diasisaing plaintiffs disparate impact claim. ,6 Summary judgment is appropriate when therm are no genuine issues of „ I saterial feat and the moving party is entitled to judgment as a ial matter of law. red. R. Civ. P. 56. t9 , II. Analysis 20 ' a. Discrimination claims. 21 To establish a disparate impact claim plaintiff is required to 22 first demonstrate the presence of a prima facie ease by shoving 23 that "'the occurrence of certain outwardly neutral . . . praetiva, 24 and (2) a significantly adverse or disproportionate impact on 25 persons of a particular (type) produced by the (defendants') 2e facially neutral acts or practices." Pfaff v United atata ORDER — 3 i ao n I ow.Nn KM J N0-1 IM-22HIi la! it'll U 11 IA NH U . - - - • • 1 i , pegartmant la Rousing and ttrhan nevelnamar,t, 88 F.3d 739, 745 (9th 2 cir. 1996) (quoting palser v,nited stem, 794 11.2d 534, 516 (9th 3I w cir. 1966)) . If a prima facie case of disparate impact is shown, 41 on dafandants say rebut it by demonstrating that a business necessity 5 justifies the impact. Id, at 747. If defandanta can demonstrate a 6 business necessity, then plaintiff must prove that the necessity is 7 a mars pretext for discrimination. 13 1. Voluntary MAture of S cti❑n ■ Program. _9 Detendants argue that as a matter of law plaintiff cannot Las. JO th t0 a prima facie disparate impact claim on Ulm effects of their , GC O tt ' decision to and their participation in the g.ctian a program. They N121 explain that participation in the Section It program is voluntary. • CD 13. Moreover, the voluntary nature of the program' was increased through T 14 a recent repeal of 42 V.B.C. f 143lf(t), which bad required ,5' landlords who took one Section s tenant to take all Section 6 16 tenants. This 'talta one take all' regairesent was repealed in PL 17 . 104-134, 5 202, reprinted it 1996 33.S.C.C.A.N. 606. Defendant_ ,al conclude tn.t a disparate impact claim cannot be based on a 19 decision to withdraw from the Section s program because if such a 20: they were allowed, participation in the Section s program, which 21 generally includes a high percentage of certain protected classes, 22 would in many circusstaacw Woos' mandatory. 23 Defendants cite Siam y. l 1. ]Prona�y jfatAg sett Coro., 54 24 P.3d 1272, 1262 (7th Cir. 1995), which bald that a district court 25 did not err in refusing to adait expert testimony that could have 28 supported a PICA disparate impact race discrimination claim. That ORDER — 4 +d TZ ft.e+n /eh! 11/fl 4 110-1 3313-13-111 am 0 III Al, ►1 AC • • DsMaEtamWosusitg_aauthinjwalgEnamt, 88 t.3d 739, 745 (9th 2 Cir. 1996) (quoting pa1Yr v. I$it.d Stataa, 794 11.2d 534, 538 (9th 3 Cir. 1985)) . If a prima facie case of disparate impact is shown, 4 defendants may rebut it by demonstrating that a business necessity 5 justifies the impact. Id. at 747. If defendants can demonstrate a e business necessity, then plaintiff must prow that tea necessity is 7 a mars pretext for discrimination. 1. 1 CC 9 Defendants argue that as a matter of law plaintiff cannot ban. JO 10 a prima facia disparate impact claim on the effects of their QC i1 ' decision to and their participation in the section 8 program. They 12I explain that participation in the Section 8 program is voluntary. 13, Moreover, the voluntary nature of the prograa was incraaaed through 14' a recant r.p..i of 42 17.8.c. S 1ai7f(t), which had required ,5' landlords who took one section a tenant to take all Section 8 ,6 tananta. This 'taka one take all' requirsment was repealed in FL ,7: 104-134, S 203, raarintad in 1996 T3.S.C.C.A.K. 808. Defa ddante ,a I conclude that a disparate impact claim cahoot be based on a 19 decision to withdraw from the Sections program because if ouch a 20: theory were allowed, participation in the Section a program, which 21I generally includes a high peroentege of certain protected claaa.s, 22 would in many circumstance, booms mandatory. 231 Defendants cite Enam v. Eagle property X.nao m.nt Caro-, 54 2a ' 1•.3d 1272, 1282 (7th Cir. MPS), which held that a district court 251 did not err in refusing to admit expert testimony that could have 281 supported a FIIA disparate impact race disariaination dais. That ORDER — 40 77 bin NI-i 04114 ual fl2-1U1-11f ao1! 0lc U, ►1 NM • 1 I clan was based on an apartment owner's refusal to accept any new 2 Section 8 tenants, • 3 I The court omphaeised that participation in the 42 U.S.C. S a 1437f Section a voucher program is voluntary. Zd. It reasoned s that an owner who decided not to participate in the program at all 5 ' could therefore legitimately refusal to take Section s tenants oven 7 if that decision had a disparate impact on a protected class. Id. d The court concluded that an owner who initially decided to z 9I participate should similarly be paraittad to withdraw from the :10 IQ program even if the decision had ■ disparate impact. The court On O ITI worried that if non-participants could be insulated from disparate CV 12 impact claims, it would discourage participation in the Section I 13 program to subject participants to sacs cleats. Zt. an s 14 Plaintiff agrees that participation in the Section I program is 15 voluntary. Plaintiff argues, however, that the P1n► does not 16 include any exceptions that permit those participating in the • 17 section a program to discriminate. Instead, the Act makes it 18 unlawruL la � [bp, disoriainate against any parson in the tarn, conditions, or privileges of sale or rental of a dwelling, or in the 2c provision of services or facilities in connection therewith, because of race, color, religion, sax, faaiiiel statue, or 21 national origin. 22 42 U.S.C. $ 3104(b). Moreover, by statute and regulation it has 23 bean sada clear that the section a progrss is to be run in 24 conformance with the requirements of the PSI. 'All executive 25 departments and agencies shall adainister their programs and 2e ; activities relating to housing and urban development . . . in a ORD -- 5 AG?? i1H 11/11.1 111-i 1ri1d1M1i IDI! I1 N 11, 11 tM • • • 1 manner affirmatively to further the purposes of (the Act.)' 42 9 3608(d) . Housing and Urban Development ('EIID") 3 regulations also require compliance with the FHA. 'Ho person a receiving assistance or participating in any program or activity of 5 (HUD] involving housing and related facilities shall engage in a 6 discriminatory practice.' 24 C.I.A. 9 107.20(a). NOV! 7 specifically with regard to the prasent situation. '(p]asticiDation 6 in (the Section a] program require* coeplianee with (the Th11] and =gl all rules, regulations and requirements issued pursuant thereto.' tD 10 24 C.T.A. S 882.111. u O it ' Plaintiff also argues that a facially neutral policy to sod S � N 12 ; participation in the voluntary Section 8 program cannot be Q 13 distinquiahed frog a facially neutral policy to end participation CI 14 in any other voluntary activity for the purposes of disparate 15 impact analysis. Plaintiff cites pilligap v. eco DaY , 108 161 P.3d 246, 248 (9th Cir. 1997), where the Court bald that a 17 plaintiff could state a claim for relief under a PHA disparate ,e ' impact theory for a landlord's blanket refusal to rant to tenants 19 receiving AFDC benefits. 20 The Court partially agrees with plaintiff's analysis. The PHA 21 and the regulations promulgated thereunder clearly protect tenants 22 participating in the Section 8 program and apply to landlord 23 participants in the program. In addition, the Section a progras is 24 to a certain extent voluntary, just as renting to an AFDC tenant 25 like the plaintiff in gjt]igaq is voluntary. A landlord is not 26 + ORDU - 6 AO 17 Min,MST pH Ii/t1/ Ill-1 llil-lZH1l :U P:11 11, 11 AM s • III I legally required to rant to AFDC tenants just as it is not legallY 2 required to rent to Suction a tenants. 7 : However, the Section s program imposes greater burdens on a 4 landlord than renting to an AFDC tenant. A landlord must enter 5 into an agreement with HOD and dust manage its housing in a meaner i 61 consistent with HUD regulations. This requires a relatively . 7 significant investment of resources, which defendants estimat. to el i be about $25,000 a year. Dua to these additional expanses, . ,.... ? Congress has taken affirmative action by repealing the 'take ono UD 'o take all' provision to *aka clear that landlords have no obligation CZ 11 to enter into the Suction 0 program. This affirmative rtap C 121 distingniabes the Section s program from the AFDC program discussed r4Ill in el_ Liman. Under that program, congress has not effirmstivsly OD " indicated that landlords are net required to rent to ATDC Crl 15 recipienta. Accordingly, to effectuate congressional intent the 16 Court suit consider the voluntary nature of the program in 17l evaluating whether plaintiff can prom housing discrimination. la The solution is not, however, to impose a par se rule against ,9 disparate impact claims based on a withdrawal from the Section S 2oi progres. Rathar, if a plaintiff can sake out a prima facie case of 211 disparate impact, • landlord may present his goal to terminate 22 participation in the Section a program u a business necessity. 23 ; Because Congress had sada clear that participation in the program 24 remains voluntary, substantial weight must be given to such a goal. 25 ?7 ' oRDRA -- 7 A071 ' mows i Ilh! Wll l lU-i I1i1•IlHl1 '11011 01'll 11, t1 AM • • . • • 2. 2 Plaintiff has presented evidence that defendants' intended 3 policy of ending its participation in the Section a program weld 4 inordinately impact Afrlcan-Americans, women and families with SI children, all of which are protected classes under the Pair Rousing 6 Act. 42 U.S.C. 5 3604(b). Plaintiff asserts that $1.8 peso nt of 71 the 22 Section 8 households at Avalon Ridge ars African-American, 91 100 percent are headed by females, and 100 percent have children. _6 ; Although defendants submit slightly different figures, the QC 10 percentages they offer ars comparable.' With reepeot to CD tt prospective Section a households that are currently registered with G12 the REA, plaintiff states that 49.3 percent ars African-American, T131 84.11 percent are heeded by females, and 01.1 parent have children. t• Defendanta do not contest these numbers. ,5 Thew figures are substantially higher than the parcantagsa for 15 these classes of households in the general population of Renton and IT the aeattle metropolitan area as reported in the 1990 census. 1e ' Pl■intiff states that among the general Renton population 1.3 19jpercant ars African-American, 9.1 percent are headed by females, 10 ,and 27.8 percent have children. Plaintiff indicates that among the 2, 'general Seattle metropolitan area population 4.3 percent are 22 . 23 24 'According to defendants' figures the section 8 pzograa at Avalon Ridge is 22.4 percent African Am.rican. otherwise, 25 defendants' percentage* are the sane. Generally, plaintiff's figures are based on information gathered in saptaabet and 26 October 1996, While defendants' figures arm based on data acquired in January 1997. =ROER -- .o rem 1Ain Stir HH 1ZJfT J 11t-1 uZnZ-ZZHIZ Kai n it!t, ►I is . Y• s African-American, 9.2 percent are headed by females, and 32.4 1 2 percent have children In determining whether a prima facie case has been established 4 the Court lust determine 'whether the policy in question had a al disproportionate impact on the minorities in the total group to 6 which the policy vas applied.' Aetsev v 'nrrtle ri..f a..nci at.e, 7 736 F.2d 903, 907 (4th Cir. 1984). In Sets.v the court examined a the impact of a no-children policy on the minority occupants of the apartment building to which it was applied. Id. at 988. The Court (>^ ,p ' measured the impact in two ways. First, it measured the diaparsts CD ,1 impact in tares of the paraaatags of protected class members .mcS N ) v4 12 the group directly affected by the no-children policy.' The court O Q^, 13 found that there was a diaperete impact because ae.3 percent of the 14 tenant., in the building with children were minorities. Second, it ,5 measured the impact in turf* of the rate et which in the total 15 , tenant population ambers of the protected class ware impacted as 11 compared to the rate at which umbers outside of the protected 15 claim were impacted. The no-children policy affected 54.3 percent ig of the minority tenants in the building, but only 14.1 percent of 2o , the Caucasian tenants. 21 The figure@ presented by plaintiffs show that the intended 22 policy to end participation in the Section 0 program impacts high 23 , 7 The percentage of affected protected class members in the 24 impacted group is aleo often compered to the percentage of such protected class .cabers in the local housing market. 25 Mountain f Nob le Katettss P` rty n.r 1+1A_►i�JCLet.ery Cf gousirw nd ttrhsn flmwm , 90 r.3d 1243, 1253 (1Oth Cir. 26 1995) ('appropriate coatp.rables must focus on the local housing market'). ORDER -- 9 •o n 111-1 W0l/ III-1 2252-221-401 9Cal 01 II 1i, II AC r • • percentages of African-Americans, woman, and families with children in a manner similar to that in Retain?. It dsaanstratee such impact 31 bath with regard to the current Section a tenants of Avalon Riche , I and with regard to prospective Section a tenant. who are registered 5, with the RSA. 61 The figures show that extremely high percentages (Si-1 to 100 71 percent) of members of the protected classes at issue belong to the 61 group of current Section 6 tenants who would be excluded from :AD —; Avalon Ridge, just as high percentages of African-American were is O ,pl the group of families with children who were excluded from the 0 : building in astasy. The figures show a similarly high percentage © ,2 (49.3 tc 64.S C percent) of these protected class members .sang SDI ,, prospective section a tenants etc are registered with the MIA. 14; Moreover, the figures demonstrate that the percentage of protected i5 class members among both current and prospective tenants are 16 substantially higher than the percentages_ of those groups in the 17 ' general populations of Renton and the Seattle metropolitan area. ,a Plaintiff also presents figures similar to those in Batman[ 19 regarding the rates at which sabers of tba protected classes and 20 teeters outside the protected classes are impacted. Plaintiff's 2i , numbers indicate that the no-Section a policy would have terminated 72 the leases of 13.3 percent of the African-American tenancies at 231 Avalon Ridge, but would have tarlanatsd the leases of only 6.7 241 percent of the Caucasian households.' Norm tellingly, the policy 25 21 'based on defendants' figures, the percentages would be 9.9 and 3.3, respectively. , ORDER — 10 mow..'VAT ftH R/I1 l 110 i USl-111-11I -ems 01,11 11, ►1 1111 • ill would have evicted 17.5 percent of the households with children, 1 I 2 but would have evicted 0 percent of the households without 1 . children.' Finally, plaintiffs maintain that the policy would have a evicted 31.9t of the households headed by women, but would have 5 ! evicted 0 percent of the households headed by men.' 6 Although defendente present slightly different numbers than 7 plaintiff, they do not seriously contest the basic accuracy of her a statistical analysis. Instead, defendants argue that as a matter • -7.,3 of law plaintiff has net performed the proper eceparicon, to Ip ■atabliah a prise facie cam. of disparate ispact. ii First, Defendants assert that the disparate impact analysis 12 does not establish a prima facie case because the no-Section a 12 policy will have a relatively slight impact on the number of OG ,a individuals who belong to the protected clauses that live at Avalon • GC CD ,, Aidge. For example, defendants contend that therm are 141 African- 16 American household, at Avalon Ridge. that there are 14 Section ,i African-American Households, and that removing those Section S On Crl is households would cause the total population of African-American 191 households at Avalon Ridge to drop by just 2.09 percent. 20 , I 21 'Defendants' figures indicate that just 12.9 percent of the 22 , households with children would be affected by the no-Section I policy. 221 ''Phu Court accepts defendants' criticise of this figure, which 24 is inherently unreliable due to the difficulty in accurately i identifying the number of female headed house• at Avalon 25 • Ridge. However, this flaw in plaintiff's case does not affect the ultiaste conclusions because she clearly geldemonstrates a disparate impact on African-Americans and families with children. ORDER -- 11 4072ii I .&I 1 IIS-! 001 a 110-1 :net-12I-102 'PIM III Li. it al • ill . would have evicted 17.5 percent of the households with children, 2 but would have evicted 0 percent of the households without 3 children.' Finally, plaintiffs maintain that the policy would have it 4 evicted 31.94 of the households headed by women, but would have 5 , evicted 0 percent of the households headed by men.' 6 Although defendants present slightly different numbers than 7 plaintiff, they do not seriously contest the basic accuracy of her . a statistical analysis. Instead, defendants argue that ae a matter �g of law plaintiff has not performed the proper comparisons to 10 establish a prima facia case of disparate impact. it First, Defendants assort that the disparate impact analysis 12 does not establish a prima facie case because the no-Section 1 13 policy will have a relatively slight impact on the number of OG ,a individuals who belong to the protected class* that live at Avalon Cr CO ,5 Ridge. For example, defendants contend that there are 141 African- CV 16 American household' at Avalon Ridge. that there ars 14 Section $ eel CD 1r African-Aaerican households, and that removing those Section 1 Ur cn 18 households would cause the total population of African-American 191 households at Avalon Ridge to drop by just 2.09 percent. 20 , 21 , , Defendants' figures indicate that just 12.9 percent of the 22 households with children would be affected by the no-Section a policy. 23 i SThe Court accepts defendants' critiCisa of this figure, which 24 is inherently unreliable due to the difficulty in accurately identifying the number of finials heeded houses at Avalon 25 . Ridge. !However, this flaw in plaintiff's case does rout: . affect the ultimate conclusions because she clearly 20 , desonstratas a disparate impact on African-Americans and families with children. ii ORDER -- 11 ♦c,7 1'V.8,121 115-1 0ZR1 4 11F1 121i-221-101 '104 11 tl 11. II 1111 s Defendant's argument is a variation on the 'bottom line' . 21 defense rejected by the Supreme Court in Connecticut v. real, 457 31 Q.S. 440, 102 S.Ct. 2525 (1982). They ask the Court to ignore the 41 high percentage of protected class members in the Section a program 5 who are impacted by the policy. and to instead focus an the 6 , relatively high percentage of protectedclass mashers outside the 7Section S program who will not be iapact.ud by the policy. This is 6l not permissible, however, because the focus of discrimination 9I statutes 'is the protection of the individual (ranter), rather than ,.0 JO toy the protection of the minority Troup am a whole.' St;. at 457-54. CD nil Individual section a protected alum ranters are isipscted by CV N 12 defendants' policy even if numerous protected class members who are v4 CD 131 not in the Section s program will be able to continue to live , GC al14I there. 17 ! Second, defendants argue that in examining the percentage of 16 protected class members in the Section s program, the Court should 17f cospare those numbers not to the general populations of the isl protected class meters in Renton and the Seattle metropolitan 19 area, but to the populations of such individuals in the rental 20 housing markets in these areas who would be qualified to rent at 21 Avalon Ridge. Defendants rely on Wards cove Y ct ns Co.. Inc. v. 22 ltnnin, 490 U.E. 642, 650-51, 109 9.Ct. 2115 (1989). The b.Ldi 23 C2YR Court emphasised that when a court eaaines the impact of a 24 neutral policy on the percentage of protected class members that 25 work for a particular employer, the court must compare the 26 percentage of protected class 'sabers in the workforce to the oRD12R — 12 •p rT 101d ltflt i Up-1 :217-221-112 'MOH Il $CI. ►I 2111 • • percentage of protected clew webers in the pool of comparable. qualified candidates in the conunity. 111, But the court noted 7 that in same situations figures from the general population may be 4 ; substituted for the pool of comparable, qualified applicants in the 5 community. Id. at 651 n.6. This is such a case because corder the PRA courts have often 7 . relied on comparisons of the presence of protected class embers in 6 a particular group impacted by a facially neutral policy with the GD —g : presence of these class asabare in the general population. In GC to I p:nun*ai,, 2tAa, for sxarple, the court approved the use of general L' ail population statistics demonstrating that houses with four Cr sore 12 parsons included many sore families with children than faailiss 13y without children. 76 r.3d at 1253. In doing so, however, the ■ 14 court criticised plaintiffs for wing national, rather than local 13i featly statistics. ld.� Plaintiff in the present Cale uses local 16 populations. In Bunting saga Haws +t. Town of nupt4.wayrt, 844 17 f.2d 92e, 929, 93i (2d Cir.), 111112. 488 U.S. 15 (1988), tea court is found disparate impact based on various statistical comparisons, 191 including a finding that tiiaorities constitute[d] a far greater 20 percentage of those currently occupying subsidised rental projects 21 compared to their percentage in the Town's population.' In that 22 : case 30 to 95 percent of the impacted groups that lived in 23 subsidised rental projects were minorities, while minorities sods 24I up only 9 percent of the town population. IL. at 929. 25 Ia this case the striking difference between the percentages of the protected classes at lasua in the Beetled I program and the ORDS. -- 13 AO t IRON PIP 111-1 02/11 1 i00-1 tail UI-ffl aa! H N LI, 1l 1M _ . __ • • percentages of those groups in the surrounding population make clear that there is a significant disparate impact. This is true ] ' for current and prospective Avalon Ridge tenants. In addition, 4 aaonq the currant Avalon Ridge tenants the no-Section 8 policy 5I impacts the members of the protected cleanse at issue at 81 significantly greater rates than it impacts persons who are not in 71 those protected classes. Indeed, the impacts are similar to those e in faith v. VOloe, 858 ►.1d 467, 484 (9th Cir. 1988), cart._dShimd. Z = 1 493 O.S. 813 (1949), where the court ooncluded that a oity's C4io refusal to build low-ineoee housing had a significant disparate sue„( impact because two-tbirds of the people who mould have benefited CD 12 Eros the housing ware minorities, and the failure to build the CI »1 housing impacted ainoritiee at trice the rote of Whites. 14 Accordingly, the court conclude, that plaintiff has established 15 : a prima facie disparate lapact clam. The next question is whether 1 18 defendants can establish a business necessity. 17 3 to Defendants most rebut plaintiff's prima facie case by 19 - demonstrating a business necsssity.4 Defendants explain that they 20 wish to eliminate the costa of administering the Section a program 21 in order to reduce the substantial losses that they have incurred 22 , at Avalon Ridge. Defendants estimate that it casts about $25,000 a 231 year to administer the program. This goal, when coupled with the p41 voluntary nature of the Section s program could wall be a i 25 'The Court need not resolve the degree of proof necessary to 25 . show a business necessity. mama raft, SI t.3d at 747 n.3 with rm•ntai-n- +'de, yes t.3d at 1254-59. ORDER -- 14 NH IUi1 I 110-1 ilhl-11H81 :m?a 11;N LI, t1 1311 s • . legitimate business necessity sufficient to rebut plaintiff's prima facie case. 3 Defendants, however, acknowledge that under the Regulatory • Agreement in force they are currently prohibited from declining to 5 ' participate in the section a program_ As • result, the Court 6) aoflCludes that •• a Uttar of 1ev defendants say not rely on the 7 goal of withdrawing fros the section a program to establish a S , business necessity. Absent this proffered business necessity, WD ,,,pl defendants cannot carry their burden of rebutting plaintiff's prima QC CD 10' facie case.' Plaintiff has accordingly establiabed that she is +1 ' entitled to a summery iuelguant ruling that defendants' no-Section e ,2; policy discriminated against her end the mashers of her class. She `. cl ,3! i. also entitled to psreaneot injunctive relief enjoining 14 ; defendants from ending their participation in the Section e i5i program. This relief, however, will be appropriate only so long as re the Regulatory Agreement remains in force6 17 , 4. Dlanarata Treatment cip i s. ,e Plaintiff's disparate treetment claim cannot be resolved on iv ; sugary judgment due to the presence of genuine issues of material 20 tact. 2, I. Cemtraot Claim. 22 Defendants financed the cenatruction of Avalon Ridge in part 23 through tam a:expt bonds. 1s part of this financing defendant 24 25 'Any discussion of the situation that would *list if the Regulatory Agreement was not in farce is premature. gnat 28 issue is not ripe because defasdante ars currently bound by 'the Regulatory Agreement. ORD= — 15 •o l7 111-1 I2/11 d IN-L 2112-Z2H02 1011 21 1N a, PI Ile • it , I Sunpointa Associates entered into a Regulatory Agrsasent vith the Washington State Housing finance Commission. The Regulatory 3 Agraeaant staters that Sunpoiate Associates "shall not discriminate ., in the provision of housing on the basis of . . . the receipt of 5 public assistance or housing assistance.' its coepliance manual 6 for the tax axespt financing explains further that gunpoint,. say an t not *discriminate in providing housing on the basis of . . . gn O e ! receipt of public assistance or Section 9 housing assistance." Al _gl Plaintiff seeks to enforce theme tarns to prevent defendants C lc i fro* denying housing based on a tenant's participation in the GC JJ ,i ) section a program. She pre/manta a third party beneficiary claim. 12 As an initial matter, this claim is governed by Washington law. 13 The Regulatory Agreement includes a wasbingtan choice of law 14 clause, and was .zttered into in this state. In addition, federal 10 capon law doss not control because a federal agency is not a party t6. and thara has been no shaving that the outcome of the case will mil directly affect substantial United states' financial obligations. tam Has ilni root v. Pitt, 643 1.2d 1261, 1270 n.16 (7th Cir. 1961). 13 k 19I. Under Washington law, "(i)f the taros of the contract c4c.L.,- 20 n f pecaasarily reonire tba promisor to confer a Upnefit ►pn ■ thirst 21 1 , than the contract, and hence the parties thereto, • 22 '-csassi . . r fi n hird rsan.'" Ieeadala y. 23i (1,.at.rfisl4, 99 Waah.ld 353, 341 (1963) (asphasil in original) 2d (quoting Yikinvatad v. hamatt, 46 Wash.2d 494, 496-97 (199S)). 25i 'The contracting parties intent is determined by construing the 2e tens of the contract as a whole, in light of the circuastanw ORbf3 -- 16 via .o n 111-4 lull 1 110-1 LZl-1iM12 Ids h:$l ll. it 1e s - i t I � • under which it was sad. • $sheaf v Highfielri, 127 Sash.2d 17, 22 n.5 (1995). Defendants argue that the Regulatory Agreement cannot be •• construed to confer third party beneficiary status on plaintiff 5 because it does not indicate that tenants can enforce its terns. 8 The Regulatory Agreement indicates only that the Commission, the 21 Monitor assigned to ensure compliance with the Regulatory JO C a Agreement, and the owner of the mortgage on Avalon Ridge say _g ' enforce the Regulatory Agreement against defendant Gunpoints !•1 10 Associates, the developer_ Defendants rely on the following C (T 11 sections in the Regulatory Agreements C) 121 Section 11. ilfnrrement of Tart'. The benefits of this 11t Agreement shall inure to, and say be enforced by, respectively, 13 the Camaieeion, owner and their successors, and assign 14 Suction 12. Defsuits; ssdi.u. Tf the Developer shall fail to observe or pertorm any covenant . . . than and in Sheh ,5 event, the commission, the Monitor, end the owner shall be entitled , to compel specific performance . . 16 Section 13. Seen 4 t_torc`ility. In the event of a 17 violation or attempted violation of any of the prvviaioos hereof, the Coaissioe or any govarsental entity succeeding to 1e the commission's functions, the monitor (at the request and direction of the Commission) and the person who shall have been 19 the registered owner of the Mote at any time while the Mote was outstanding may institute and prosecute any proceeding at law 20 or in equity to abate, prevent or enjoin any such violation or attempted violation . . . . 21 The Court does not agree that this language precludes a finding 22 � that plaintiff is a third party beneficiary. First, it does not 23 indicate that the identified parties are the only parties that may 2d enforce the Regulatory Agreement. 25 second, the third party beneficiary test in Washington asks a 26 broad question. Tt requires the Court to determine if the ORDER — 17 AO 17 tR-ear NS 1 1r/Il 1 IIt}1 1111-IIN1r MON nit I. ►t .lI • ` I • MI 'contract necessarily requires the proaiaor to confer a benefit 2 upon a third person.' landadali, 99 Waah.ld at 361. If that is ▪ the case, 'then the contract, and hence the parties thereto, • contemplate a benefit to the third parson." SI. Indeed, this case 5 is similar to londadale. There, the trial judge cads an 5 uncontested factual finding that '[n)othing was further from the 7 Rinds of the two contracting parties than intending . [e] vTi e benefit [to] the plaintiffs.' Defendants argued that this finding CD 9 vas fatal to any third-party beneficiary finding. The Washington i0 SupZeme Court, however, explained: C >> So long as the contract necessarily and directly benefits the OC third person, it is immaterial that this protection vas 71 12 afforded . . ., not as an end in itself, but for the sole of securing to the promisee moss consequent benefit or earn . ■ a pit itfera�t thine f� Their rtt�!tiaa.' 14 i Id. at 361-62 (quoting vikingstset, 46 Wash.ld at 362). The Court 15 found that because the contract at issue 'necessarily required Etna 16 promisor] to confer a benefit upon petitioners,' petitioners vets n third party beneficiaries. Id. at 362-63. ie Similarly, in the present case Section 5 of the Regulatory 19 Agreement states that Sttnpointa Associates "shall riot discriminats 20 , in the provision of housing on the basis of . . . the receipt of 21 I public assistance or booming assistance.' This provision 22 necessarily requires sunpoints Associates to confer the benefit of 23 public assistance housing on plaintiff. This direct benefit 24 relied or overcomes any doubts raised by the enforcement language 25 by defendants. accordingly, the Court finds that plaintiff is a 26 third party beneficiary. ORDER -- la Aon h.ran Ina suit a QFl uu-ui-n •-- Et p 11. n IM • • ,.a • • The Court cannot, however, find on summery judgment that 2 . defendants breached the Regulatory Agreement. The Regulatory 3 Agreement requires Sunpointe Associates to remedy any breach a Within 60 days of when it learned, or should have learned abort si the breach,' There is insufficient proof to allow the Court to e. determine whether sunpoiata Associates reversed its no-Section e 7 , policy quickly enough to avoid a breach. C: an a Ea. Cowsivies Q9 Plaintiff's motion for summary judgment is Qi?J TEa lit PART and • N +o DERED D1 PART. Defendants are enjoined from ending the • p ii participation of Avalon Ridge in the Section a program for so long 00 12 as the Regulatory Agreement remains in affect. Defendants' motion 13 for summery judgment is DENIED. 14• lm O1ROam this 11..dary at Bey, 1917 IS to 17. to tad States 0 lot Juice 19' 20 21 22 23 24 , 25 .The Court does not agree with defendants that this provision • 26 necessarily requires an enforcing party to provide notice t0 • ataupointa Associates 60 days prior to filing suit_ ' ORDER -- 1! b*! ail WNi 1 110-1 PPR-10-112 :I1011 PM 11.111111 ''jC •�^yam.— -_.._�, _ .. 'i Ia/�t '. ^is}. `Z —��"-''?' AIM STATE OP WA.SHINGTON EMPLOYMENT SECURITY DEPARTIETP Central District Tax Office P 0 Sax 9046 Olympia WA 98507 STATBMBNT AND CLAIM OP LIEN RCW 50.24.050 Lien Claim Against: Bay Apartment Communities Inc 4340 Stevens Creek Blvd 7) San Jose CA 951291148 COUNTY AUDITOR STAMP N N ES Reference No.: 018874-00-3 UBI NO.: 601-817-729 NOTICE IS HEREBY GIVEN THAT TITS Employment Security Department of the State of Washington claims a lien prim to all Other liens or claims and on a 0 parity with prior tax lens again. al€ property and riiights to property, whether real or personal, located the County of King, State of Washington. now owned or hereafter aquired by the above-named Emplyer. an This lien is to secure payment of uneemmpployment insurance contributions penalties and/or interest due the gewloymest Security Department of the State 0) of Washington. plus recording fees, for the period 2798, all of which aggregate Three Thousand Two Hundred Eighty-Sight Dollars and Seventy-One Cents ($1,288.71) and all of which were incurred under and by virtue of the operations of said employer in respect to which services were performed for said employer under the provisionsr of the 8nployment Security Act. Interest accrues at 1 percent per month or fraction thereof. Late payment penalties accrue et 5_percent the first month and an additional 5 percent the second month and an aIIitional 10 percent the third month. _Late report penalty is $10.00. See RCN 50.12.220, 50.24.040. 8 It is hereby certified that an action was commenced, as provided by RCN 50.24.190 by execution of Notice of Assessment (RCW 50.24.0701 dated 10708/98 DONE UNDER MY HARD This 28 day of October, 1998, at Olympia, Washington. 1 1 COMIISSIONER 8 EMPLOYMENT SECURITY DEPAR'MZNT • By: • a - b n Judg i JDG#: 99-9-00671-8 Jdg. Type: TAX WARRANT Filed Date: 12/31/98 Creditors: STATE OF WASHINGTON DEPT OF EMPLOYMENT & SECURITY Debtors: BAY APT Amount: $3,304.65 Remarks: 98-2-30929-6