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Home My WebLink AboutLUA-07-078_MiscI STOR-HOUSE SELF STORAGE AND OFFICE SHORT PLAT ., I'O~nON OF THE NW 1/4 OF TnE NW II. Of $l\:. 1~ T\W'. 23 "I .. RG[, is E.. '(.',1.4. ellY 0.-R£NTON. XING COUNTY, ''''ASHlNC"rOOl SHEET :1. OF 3 LUIo-ol-QA-SIIPL IJ!O-U-~~I? n __ -oo:o_li .... yl7~. _ •• :III:C:l,.. '/Jsk!r..!I!i'U' STOR-HOUSE SELF STORAGE AND OFFICE SHORT PLAT SCALE: ," LJ-5 ., SECrlON SIl8D1Y/$/ON DIAGRAM 200' T SHEET 2 OF 3 LU.I.-G2-0t6-8BPL UlD_n-«'17 ! ,,, STOR-HOUSE SELF STORAGE AND OFFICE SHORT PLAT •• " ..... "",_"rA'",lT'" ."J:r ...... ,""',.uw.....u .. _I.-..>'<Zool ..... • . .,...,'I¥.,."...._.O ......... ..... n.....,,·'"'a~·'·u., .. Tto._..w. o1l!l) CON., Il0l'''' sWlEn_' "",,.,<;<lN01(III_M"r .,...., ....... "'''' A f'OR'TlCN 01' -n·tI: NW:1/~ or TIlE: NW 1/+ or SEC. 16. 1WP. aJ N., RGf.. :s 1::., 1Ii.1,I C:TY cr RENTON. KING COlINIY, WASIi:NGTON SHEET 3 OF 3 .. )' I.O~ At 8142 231.11 J 01 At 11082 430736 n,4I , • ./> .•. " • ; I J o 4m., -.41 LDt3 LIBERTY RIDGE PHASE 6 VOL 2~ 140-03 .. .. ~,. / , , - I , , / ~. ~ /, After recording return to: W. Dirker Ehlert Casey & Pruzan, PLLC 425 Pike Street, Suite 610 Seattle, WA 98101-4078 E2220746 e7/1e/zees 13:20 KING COUNTY, LlA s~~ $i:::: QUIT CLAIM DEED 2006071 0001 019.~~ PAGEeel OF eel IndexIng Information required by the Washington State Auditor/Recorder's Office (RCW 64.04) 1/97: Reference No. Grantor (Seller): Grantee (Purchaser): Legal Description: Assessor's Property Tax Parcell Account Nos: King County Recording No. N/A Gilroy Family, LLC., Gilroy Family I, L.L.C., a WashIngton limited liability company Lots 1 and 2, City of Renton Short Plat No. LUA-02~6S SHPL, entitled Star-House Self Storage and Office Short Plat, accordIng to Short Plat recorded December 17, 2002 under Recording No. 20021217900004, In King County, Washington The Grantor, Gilroy Family, L.L.C., a Washington limited liability company, for and in consideration of change in identity and form of ownership, conveys and quitclaims to Gilroy Family I, L.L.C., a Washington limited liability company, the following described real estate situated in the COWlty of King, State of Washington, together with all after-acquired title of the Grantor therein: Lots 1 and 2, CIty of Renton Short Plat No. LUA~2.065-SHPL, entitled Stor-House Self Storage and Office Short Plat, according to Short Plat recorded December 17, 2002 under RecordIng No. 20021217900004, In King County, WashIngton Subject to encumbrances and exceptions stated on ExhIbIt A attached hereto. Page 1 C:\MSWonf\WDB\OiIro~&m.IIc.QCD.doc [EXCEPTION NO.~\ 2006071 0001 01 !'I . .::;,. DATED this ~'t day ofJWle, 2006. GILROY FAMILY, L.L.C . . . ,' B~~ RICHARD A. Its Managing Member STATE OF WASHINGTON) ) ss. COUNTY OF KING ) q~ .. On this ~ day of .:::r W ... , 2006 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared RICHARD A. GILROY, to me known to be the Managing Member of GILROY FAMILY, L. L. C., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and volWltary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Page 2 C;\MSWontlWDii\Ch1rotAm·fkQCD.do~ NOTARY PUBLIC in and for the S tate of Washington. My commission expires I( -, z. -0 r ,------------------ 20060710001011'1.':":' EXHIBIT A Exceptions and reservations contained in deed from the State of Washington whereby said Grantor excepts and reserves aU oils, gases, coal, ores, minerals, fossils, etc" and the right of entry for opening developing and working mines, etc., provided that no rights shall be exercised nntiI provision has been made for full payment of all damages sustained by reason of sucb entry: VolumelPage: Recorded: Recording No.: 12851334 August 18, 1926 2060096 The terms and provisions contained in the document entitled "City of Renton Ordinance No. 4612:" Recorded: Recording No.: 1Wle 21,1996 9606210966 Conditions, notes, easements, provisions and encroachments contained andlor delineated on the face of the survey recorded under King County Recording No. 9901269002. Development Agreement and the terms and conditions thereof: Between: And: Recorded: Recording No.: City of Renton, a municipal corporation T and E Investment, Inc., a Washington corporation and Aegis Capital International, a Nevada corporation October 13, 2000 2000 \0 13000480 Easement, including tenus and provisions contained therein: Recorded: Recording No.: In Favor of: For: December 17, 2002 20021217002196 City of Renton, a Municipal Corporation sewer pipeline Easement, including terms aTid provisions contained therein: Recorded: . Recording No.: In Favor of: For: December 17,2002 20021217002197 City of Renton, a MWlicipa1 Corporation water pipeline Restrictions) conditions, dedications, notes, easements and provisions contained andlor delineated on the face of the short plat recorded under Recording No. 20021217900004, in King COWlty, Washington. Easement, including terms and provisions contained therein: Recording Information: In Favor of: For: EXHffiITA-l C:\MSWord\WDE'lOilro,\run.U~.QCD.doo 20051018000448 City of Renton, a Municipal Corporation public water line 20060710001019.:: Partial Release and Modification of Short Plat Easements and Restrictions: Recorded: July 5, 2006 Recording No.: 20060705002265 Declaration of Easement including terms and provisions contained therein: Recorded: July 5, 2006 Recording No.: 20060705002266 For: Access and ntilitiea Declaration of Easement including lenns and provisions, contained therein: Recorded: July 5, 2006 Recording No.: 20060705002267 For: Stonn Prajoage Declaration of Easement including tenns and provisions contained therein: Recorded: Recording No.: For: Prqpane Tank Facility EXHIBIT A·2 C~\MSWotd\WDE\OiIrayV .... lIc.QCD.dOCl .11'1"-"-" .. ,_,-i __ ". -.'._-_ ... ,_._ ... -. ___ . ___ ._~~~~~~. ______ .. --. "-'--~ ... _._. __ ._ ' ______ ..;..._ ! 13TA'l2 OF 11ASltaeroll' jss COUtn 07 ISLAHD ,2059619 On tt:1o 22J14 dA;t ot Jul.: A.D. ltZS beloro -tm UIldontcDed. " 'DOto.l7 publ10 1D aDd fbrtbit Stew ot 17&sh1lltton. 4nq ocad.adoDod Imd nom, ~r,oD&lq appoU1t4 P. A. !IAHEllK!L'asr aD4 ~ 8. ~ lWtRIlmrOJ. hb 'IIlte, to .;. kna::rD 'to bo tho lnd!:,,!.dlala d.aDl'lbH lD arxl who ~d the toreSO~ ina; atnttllent. tt,nd' aoblowlod&ec1 to _ tlat tboy dlt1e4 llJlil .... 184 tho 1&14 1IUtr'UtllODt .0 thrir b.B aM Y01-l ~I'"I Act and deC14 tor t.he uaoe and purpose. therein IIIIIn1:1oD04. 1'JInESS ., land an4 ol11oial .. 0.1 bento atfU:ed. the day &.nd. JeU 1A tbh oort1.tf.oa.te abOll'l~ ~'. H. I. No"".arial b1) W. H. rna (COIl1. l3x. Jea. :51, 1928) (t. R. 8. C.SO att.obocl .. IO&DDOIW) lIotaf7 Pull1io 111 aDd tar the Stat. ot Plla4 for raoord at roqualilt ot B. J. Wbe1ton, Au.S. 1" lBU at Z8 CD put 1O.ur D. 8. JZRGtIBCIIJ. Co\IJZt7 iudltor - 1I. C. mtOB I , i , I j I. 'I'm QIWf%OR9 RAlU. A. imLLIPB aad DCIl:O'J:Br AI. fBILLIPS Ilh wt.t. both or ~t;tle Wub1qton ! tor and 1n oone1dl~tion ot OM '1'bousal:ld (tl00CJ.(JO) DellA:_ 1n baD4 paid, 00 .... 7 arJ! ..... rl'loQ't to W. c. !. svrto!J a w1dcmar of e""tt.1a. l7uh the prItN tb6 follCW'l.tlC deunbod. ..... 1 eatat.: : l.ot 1Ii_ (.) qd the ·.~ •• t ftLl:t (If .. t.) or Lot ~ (8), la Blook BiDo (p), hd .ld.ditloa I to I.&l:II Vil1on. Bul:l30ct to D oontrtot ot purohaa. of .a. by lI'l111em l'. laDe and Genna IIIDI M. 'II"it. I Situo.te4 1.n tb. Cou.at.7 ot nne. 8b.to ot lI' .. bbctoa~ ta.~.a ~u.i,. lith, .1. Ii. 19'26. Sisnell 1n pr.'GoO' 01 __ ErUlL A. mILLIPS , I I DCROm'! II. !'BILLIPS I' Sl'4'~E OF i':ASBIII1lCH j" I COUlI'lY art :::" '0 CE"'D'!. 'bat o. '>d. ' .. h day .tAu_ A.D, 1026 be~O" .. tbe ....... !p ... '1 oot..uy publlc 1n 1t.Z!.4 lor !.obe St..u ot W ... b1oe;t;oD, chal¥ oollll1aaloucl &n4 aron\ ,.raODllT __ VJlL.... I 1'RIL:I~ an4 D01lat'Bt H. PBtLLIPS b1. wi.t. both of S.ottloll&.llb1ncto~ to II:D knorm to"Qei tho tM1T1~ j do.oribad 1n and '1'1'1» l.ucuted tho. within Lnotl'\lllerrl; and aomowlodpd. to 118 tbat tboy .t.ptel aD1 ... 104i tbe I&JQD a. tho1:r .tre/lt .nd 'nI1\Ultary aot o.nd d.eod 101' tho ua.. alii! purpota. tbareb ~tiOl!M. 1 WlTUB33 =:f hand and offlola.l 8ul the 4&1 alld 1eo.t 1n tbi. ce..ttt1oo.teo t1rat ebon wrltteat (fl. rr. B. lfoiarial 3cal) BJRA.C8 \T. lm.LL ! (OOG. Ez. r... 10, 1928) JJotaJ'f Pu.bllo 1n and lor the State I P11G4 tor reoord a'. requeat ot W. Q. Sutton, AuS. ROIAlm U. mMIEY, Governor .0 nnm SARt'OII, .t 1.1 ot ftaabloFOZI.. red41l1C at Seattltll 17, 1928 at 8e lain put 10 AX D. E. J'tllGOSOJl. Count;T Au41tOl' I -! ! " B'l'ArE (]I WASl!I:5C1'lOJl ; XII 003SIDERA1'Iat or Four thouaan4 .1.x bundrGd am ftO/1OO (k,600.00) 401141'1, thCJ receipt I of Whl.oh 11 horeby aolcnovle4EQd.. tho: state ot ':';1ab1n&ton do .. berob7 P1l~t~ b.r&lll1D ... 11 aDd ooDT01 4 .,JElmIE SAR'lORI. ElIS:Uh K. SBAlmORO. IAtJllA 8.ARl'ORI aDd 1A'1'BERIJm EWlrcmI, Dniaoe. UD4" tbo 11'1.11 of 1 Iplllzl0 Sartori, 'd.e0&8e:od tha1r be1ra .ad •• dpl!-, tl:fl tollow1na: desOl"1bed School l.II.Dda, dt-oated 1n 1 County. lilLSbingtOD. to-a:t\.: tho DOrtm.:st qQlU'tel' ot the DOrtbn.t ~\lIU'tel' or .eotlcm. 1I1.J:\:eo11. (~). toIrDohip -.utr I three (23) 1IOl'~. ran&e tiTe (6) NIrt of tho WUlaJwtto "-,,!dilln, oODt:II;ln1ng 40 aorea, aAOftI OJ' 10", ~-j Gording to tho govon=Dnt aul'Vlly thereof. !:;r:ooptins and rU'rrl~ the rl8Jtt; or ..... ,. bol'otolor. .aQUind by tbo. 6ztaqw.lm1. ","I' o~ , ~or ~r purpo,e.~ ! ' rho abo, ... d. •• ori.bed bI~ .re .old hb.1eot to &11 the provU1ona o~ CiaI'M!' lOt ot the : SoacioDll lura 01 l»ll~ to 'Whioh ret.l'eDOe t. bo"~ IIlde. t:ltd wblob .ball t.. •• bitldlDC upon the puts0l or any auoo.uo~ in lRtonlR DE, Mi4 create. ... tbw~ .. t OQt at loSlCth hora1n. ! ' .. ,.,,', 2080183 " .. u, kinO , ricbi ;~., tbo • ~thtln ',.,.. itMr : rir.!rl v.,o • ! au. II&: ! QeOal ! inc 1 lea14 , !.m, , !01' .. I tho : i orol, i I""'" I ..... I (n. I ! App. I CODt. I , !AlI 1 ' 'jl I:'ru , I I&~ i .... · i i '4l":rI I· ... t 1m", i STA'ft 1.- I, par~( , ..... It&t-y i i (I. F ! {o=- ! (x. I i , ~U.4 haul ~r rCBlbd~.s /' .d the ,iQl'ego: 'It ~ , their he" &1:1 Tol-j ~r the State ot ,t !, at OoulJltvUle 1ft'10.All: I I I 1 ·· . .. I I , .j . ,. uttlt; WU'ld.~~ ,/1. . "1IJIrt"&Ut to li. e.' (0), ......... r .. l·· .... """" b!.. """I I· I I· tb UDII.nipe4 .. a1l7 caDI BARt A. ! be tho itM1hi4~~ I y aiptd: an! .. .w 1IIIIQ.t1ODD\J. tlr.t abOVe ni tten tor tho State lSI at Boa-tt16 .lO.ul , ......... j , I 1 , , i i srlJ. the raol1pt 1 • 11 &n4 coaVtlr antQ , • 1' tho Will ot I ., IIlt=ted 1:-1 It!~ I G1ft):Il'.ip-tn~ un or 10 .... &0- 201!l0191 -!be ~l!' bueb)r .... aly _ve,,. ucepW &ad 1' ... .,..,.. ati't ~~ tho pn1J bantb)" mu wrto NU, ita wooe .. on and ua1p1 ibl'Oftr, all ,0118, ptea, cod. croa. 1I1=:ra1o u4 loulh, o~ 0Te1')" OJ' 4uoripU=. alld. .-bloh ~ be 1a or Upcm. ... 1d ~ a'bo.,. &_orihod. or atv' p..n. thenof'.· and the; . rich' to uplon the ... ror .uch ,oil. p .... ooal, oru, aill8l'8la and ~dlt.J b4 it .. 1110 b.o"'b7.~.~ pnuly ...... 1 IUI4 nlMlne. D\lt ot -tbo pam; horo'bf~, \Ul.to null', ita woo ... orA !IA4 .... dp. tbe riiht 100 ptor b)r it .. U, ita acerri;., attoma)"ll ud. •• naart. Upo3I 'AU laDd.a 'or ~ paJ:t'or ~. at uV u4 all t1aze., tor tb& P'Iil'POu of 0l*ft1ns 4na1op1.DC -.d wol'll:iJ:la: JII1.M,a tbanon, IUI:l oW; aDd r~' 'tt.ntroa all .uch 01la, poaal" 0001, o~. m1JlIra.la ad 10 .. £111, &ZI4 1:0 that 0:Jd 1t: O:EP"lIlIlT rohm-a out of tM vuzt btr.bJ ... 1Is', unto It .. ll' .. it. wooeaur •• m. ... £p8 to~". rl&ht by 1t.e or their apnta, •• mat. aM. attol'Dll)'a at &:tq' aDd all t1=. 1;0 .not •. o.om:truot ·· ..... ~-1' .... i all .uoh bU1l~l. _oh1DclZ7, l'ca4I: and n.l1rot.cll •• tllk IrQoh ahafts. ~ Neb aoU. aM .... _ ... . on utd. laJI4.II or -n;r part tbsroot, tor tho huail'108a or mllbs ua" to ~ •• IIIoioh ~~ I., ...... .., or con""nlut tor the .ucOll8at'1ll proaoo\lt1OD ot .uoh ~ 'baal.II, bltf'ebT' ~~~j~ .• ~!!<ii!;:;k~:¥.~ inc to it,.U. ,it. nco ... on ,a.n4 a.lll~ 8. &ton .... U, cenor&~" all J'i~. a:ad ...... ,. ."', l&id. lADd.a, .. blither hl1'OU ~l'llae4 or Mt, l' .... oP6b17 DNOllU1 or ooJrnai.e».t to ..... 1' """''10''':1''011'.· ,_ .... "" ... tbl caaplete ej~= ot thllll prop"~ aad l'1sht. ~nbT ~"17 NHnM·, hOT1d.ItCl, that IlO 1'1,bta aball 'be uwo1H4 UIlIWr thU .. re .. rn:t1QD by tbe Stat., 1t •. , ....... ~'*',;;, or •• aiPl •• until prOTiat.On hIlS been _de by the State, ita POa.aaon or •• alP .. to',Jl&7 to ,tho' tho 'la.zIl UpoD Whs.oh tho riChto bIIhb Z"Oal1'ft4 'to tho staw. it. .\lOGO.lora Or" a.alps. 01' _QUSht to ercd,.-4. flail pa,.ttt tor all 4ama.pa natalaed. b7 .. 14 ftDDr, 'b7 ~ .. ~outel'bc"Upq:F.._14. ' 'fO an ARD TO.HOLD th8 .&i4 P~"' • .s.th tha1r aPPU"t4JQQOeil·,.unto tho. ~,~ ""l!I~Lll U. 8BARBORO. IAURl. SARfOII. am IAftIIllDZB 8ARl'OIlt. Dnine. UDder tblll'111 ot lpaai'o' ... it.:it;') ceAse4, their ~irs aDd .. a£r;na hrewr • nmSB the .... 1 ot the State, att1:c04'thh 2U 4q,ol'.Ju~, "-.D. 1920 (l'ho Seel ot 'the state of l?aab~) DOWI) B .• J!lRrIBY, Attelt, A. K, Utto stnte P.eoor4 ~ Dee4a, TolloZlllO '. pace 821. App .. Do. 'BaO. J Oont. lJo. 92T8. ! JAB i .. "I·. Iv .' CBA.P.ms DIIDWni TO Jr.":rARD o. XfltJG .. ', ,- . .. ' 'rBE GlWl'l'cm C8.UIES IllBJlWQI tor aDA 1n GOna140l'8tlOQ,ot .. '1'hirtr-ono ~ poila-til,: ,rld, oo'"'~ and ""'r~1I to lDI".AJlD C, DlJG the ,f\)1l0lfS.As 4.aarlbe4 hal Istate': .,.:.~c~:~j~;;;~~ Lo+;: Th1rt)'-tbroo (33), Blook thre. (3), Wood; Onen ~ Puk A4J1."O~.,t~ : (rbia dlfOCl 111 pnn ~nu .. nb. to Q. wr1tt.~ oontract ~ed ~'ODD 0 •. B •. '.omj,~ •.• :: ... oa-:~ 1 ~rr~..ee. bor.ot &l"e to be oonst;"'d aubjeot to u14 oon~ot ana an.r tho ute tboNot IU:' ': act. ot the.Mid crutor.) .,' ............ :. 81tU!ltod in the COlmty ot Xin" Stat. ot 'I&ah1Dp(u:.~ Da:t.d tbia 7tb dll.7 ot Au~:".t )'29. ! WITlCSZS,__ OHlru..!S ot:mtllnJ, ~: ; St'A'rE OJ' TLtSBIJO'l:OJI 1 ' " ! aCOIn OJ' IIRG , t. the undndpd., & DOtal')' PUblio. 40 hlrotb7 csorti17 tlia.t:~n tb1_ 14tb. . J perllOl'lI11:." .PP"'t'ed before _ 01PJl:1BS mllU4&Q to .. bofrQ to 'be t~ S.D4b1dual·· ..... '11l!.JI·£oj;"" ... ~ I .o.~ri tbo 'dtb1n inIItl"UlllClt. and acbll.wl.dpd -that he 1:l.pD4.'Ol .":led· tbl' ...... ".,;", .. : ............ ;1 • 1 t&1'7 0" aDd 400.d t'or the ulloe and Moe •• tben:l.n .. iltiom.d. '. . ., ... . Gben undor ra'J ban4 and ot1'101&1 100.1 th!.. 14th d.Ay of 'A~1;, 'A.D. 'UZo .,,~' .. (D'. R. n. lJote.rul Seal) BUSOm:L 2! lD.3! .' ' •.. ""::;c.c"" (Ca:. Ix. Jl.I.ly 13 .. 1828) JJotAr7 l\i~l.1.o.:I..D.NIIl: 1b,.... __ rBta,t~~· (I. 11. s. ~3.50 :lttaoh04 and OILMellAd.) lI'u~on, ,na141.Di a.t Be ... ti!.. .. put 10 All All 7U..4 for I'IIOOri at n'iW'.t ot'1I'ui1d.Jlcton 1':Ltle lAIur&~ Oomp.,q. "-us: .. 18, 'u:ri .... ,,· 47 ._~.","': ~~ i -1 ",. ,'. - i- _._.t.~ ~ i'= 0 '"' ,. i;; '-' '" 0:: ~ ..... ... ~ .". -~ l'-.. .. -- • • • . ceR1fICAlE I. tile .,,:,rslgned. tcr.f CIerI< 01111. City of Renton. Wuhingtoa, certi1)' lUI 1111$ i. a true =:.~ ORDIHAHCB NO. 4612 _ QlDJ:D:.CK or 'lEI ern OJ' ~f asaDiGiOM, '&SD&%IBIJIQ M' ASlUBUII't J)Xnu:C'l' ~ BU1"DD' DIID Banes IX A .oa"nOW C9 ID soam JaGIILUIDS. ....'S2ID. DOIISI.. DID JDl'LI,W)OD WB·u,sDlS .IIID UDSLla:::tWO 'ZD .IISDUII'l' or TD CBUGI VI'CDI' cx:aJIl:CUCIf 'to '!III: I'ACILI'l'DS. TUB CITY COOliCn. Of TI!B CITY O' UII'1'ON. MASPINOTOII. DO OaDAIII AS FOLLOWSI AC11iQl J The:rc: i.a btirebt created a Sanitazy SltVCr City of Renton &I'.Id a portion at ita urban growth area within \l.P.iDC:orpontecS ltlAg COWlCy, wll.tch erN ie lIIOro part.1c:11larly 4e:[tcribed. io Bxh1b1t -A,-attache4 hereto. A up or tne auvlc:e eo provide notifieet.;!.on or potllDtial' coonectlon an4 intereec charges. While chill CODDeCtian chAt'ge 1M)" be poaid at atly time, the City 1100. not requ.l:ra pa,.-nt. UDtil INCh tJ.aIa .. the parcel ia co_eted to and tbWI bonefitlng' f .... tlle .... r hcilitie.. The trl.ggertog tbe r_it ...... by tile City. of payment of tlle dIargea uKo1att4 vlt1i th1. dUtriClt. pm", II ro.ili.i.. 10 tbil Special Ao ....... t Diltrict aod .blob proporti .. , 1 j ! ~ ~ 8 J ~ ! I !! Ii c i! I · • - , --,..-------r-., ............ -.-. -.. --. • • • ORDiNANcE 4612 ha~e not been charged or assessed with all costs ot the Bast Renton Sanita.ry Sewer Interceptor, a9 detailed in this ordinance. shall p~y. in addition to the payment of th~ connection permit fee ~d in a401tion to tbe system development c~arge, tbe following additional fees: A. Per gnit Charge New connections of residential dwel lin9 units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge ot $0.069 per square foot ot property. Those prapertle. included within this Speci.l Assessment Dlatrict and Rich IUY be assessed a charge thereunder ~ are included wit~1n the boundary legelly ~e.cr~ in ~ibit 'A" S and which botuldary i8 shown on the mz.p attached as bbibit -& •• ~ . ~ I!It:TI!II ttl. In addition to the atorQ.tate~ cbarges, thare ! shall be a charge of 4.11\ pee annum added to the fer unit. Charge. C1) The interest charge shall accrue for 110 more ehen ten (10) years from the date tbis otd1nance bec~s effectiva. Interest charges will be Bi~le interest.and not compound inte~e8t. This ordinance shall ~a effeotive upon its pas.age, approval. 'and thirty (30) ays atter pIll>lication. PMSBD BY TIIB CITY CO\lHCIt. tbi. 1.W;h clay ot J un" ... 1996, I I , i I \ ! , , I· · • -• • 1 OlUl!NANCl! 4612 APPltOVBD BY THE MAYOR thiS ~ day of _.:JIln=:e=-____ , 1996. JeB~anner,·Mayo~ Appro~as to fOnl: . c)(11.w ".~D~JI ... ~Q - Lawrence J. Warren, City Attorney Date ot PUblic:ation, 6/14/96 ORD.S76,S/20/96.&B. • I· .. 3 L-_____ .-;i;,illAillIIiiiIIi.-:iWlioo-...... --..... " ... ' • - !--. -....... . .\ ---..... ---------T -----. --.------ • • • • LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DlSTIIICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portlons of Sections 8.9. 10. 11. 14. 15. 16. 17.21 and 22 all In Townsltlp 23N. J Range 5E W.M. In KIng County. Wasl-.lngIon SaoUon 8, TOWlllhlp 23N, Range &E W.M. All of that portiOn of Se<t1on 8. TownlIhip 23M. ~e 5E W.M. lying East of the East Ifght..,C-way \Ine of SR-405 and South of the foDawlng d....-!liedllne: ~";;g at the In\eniedloa of the East \Ine of said SecIlaD 8 with the centerline of SIR:et; thence Westerly aJcog said centerline of HE 7th street to lis In!mIecUon with the oon/erIIne of sunset Boulevard HE; thence Northerly along the a:nteri!ne of Sunset Boulevan! HE to the North l1ne of the Southea&t \4 of said SecIIan 8; thenoe West along said North l1ne to the East Jigbt-of-way l1ne of SR-405 ODd the termlnllB of said Ilne. Section D, Township 23N, Range 6E W.M. All of that portion of Se<t1oa 9. TowIIshlp 23N. Range 5E W.M. lying South and East of the followlo,gdeacrlbed line: ~ on the centeIline orNE 7th Stroot at Its ~n with the CI:IIIerIIne of EdmoiUIs Avenue HE; _ EasWIy aJcog the centmlne of NE 7th Stroot to lis II1ton!<dIon WIth the oenfell!oe of A!omve A ....... HE; thax:e North eJong said ceaterlJne to the South line of the Northeast 14 of said SectIon 9; thence East aloIIIl &aid South IIIIe to Ita InIenedlon with the c:enter!Inf; of Redmond Avenue . HE; ihenao Northerly alDng said oenIallne to lIB InIenedIon with the Ili:lIII:rl1De of NE 10lh SIR:et; thence East along said centorlIne to the East line of said SecIIOn 9 ODd the _U6 of said !IDe. . SecIIon 10, TownsIIlp 23N, R.Ing8 6E w.u. All of that {'OrUen of SectIon 10. T01IOilShIp 23N. Range 5E W.M. lying Southerly and WesterlY of the following deacrIbed line: . BegInnIng OD the West line of SecI!oa 10 at Ita IntenIeCIIon with the North \Ine of the South ~ of the North Yo of said SecIIOn 10; thetIce EuteJong &aid North IIIIe to Its ~ with the ~ of 142nd A .... ue SE: theo:e SoutherI}o 8lD~~~ to Ita ~ with the North IIoe of the Soutbeaat 14 of said 10; thence East along said North \Ine to Its _n with the East line of aald SectIon 10 and the -us of said \Ine. . , I · • • __ •. 't. , ; J • • UgaI D<s<riptUm oflhzSp«iR1 A=smmI Distrid for 1hz City ofRtnton -&sf _ lnl<Taplor Section 11, Townshlp23N, Range 5E W.M. pogt2of3 All .fthe &uthwest!4 of Section 11. Township 23N. Range 5E: W.M .. Section 14, Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows: All of the Northwest 14 of said section. together 'WIth the Southwost 14 of said -. exeept the South 'h of the Southeast !4 of said South\\'O:llt 14 and e>a:ept the plat of~clntlre Homr:s!tcs and 'h of stn:et.s adjaa:nt as recorded to the Book of Plats. Volum<: 58, Page 82. &colds of KIng County, WashlDgton. and except the South 151.55 feet of the East 239.435 feet of Tract 6. Block I of Cedar RIvt!r Five ActeTracls as record. 'In the Book of Plats. Volume 16. Page 52. Records of KIng County. WashlDgtDn. less 'h of the sttect ablltUng said po_n of Tract 6. Block I. and less Tract 6. Jl. x:k 2 of aald Cedar RIvt!r FIVe Acre Tracts. less 'h of the stteet a<\Iacent to said Tract 6. BlocI< 2. and except the South 62.785 reet of the East 150 feet of Tract 5. Block 2 of saki Cedar RIver Flve Acn:Tracts and less 'h the stn<:t adjacent to aald portion of Tract 5, B10ck 2. Sacdon 15, TownBIIIp 23N, Rsnge 5E W.M. All of that portion of SectIon 15. Townshlp 23N. Range 5&. WJI/. .. exeept the 5outh_!4 of the Southwest !4 of the Soutnwest V. of aald scctJon. SecIIon 1&, Township 23M, Range 5E W.M. All of that portlon of SectIon 16. Townshlp 23N, Range 5E WJI/. .. elU%pt that portion of the Southesat !4 of the Southeast 14 of the aakI SectIon 16 lying East of ihe East Ilne of the Plat of Mapkwood DIvlsIon No.2 .. recolded to the Book of l'IatsVo!ume 39. page 39. ~ ofKJDgCounlyWasbIn&IOIlmd Ita Northerly _ to the North Ilne of said Southeast !4 of the Soiitboaat !4 of the saki SectIon 16 and "'-" that portIoO of saki _0 lying 50uthedy of the Nortbcrly right..,r·wayUne ofSR-l69 (Maple Valley lIlghwayl. Sec:IIon 17, TownsIIip23ll, IIIngeSEW.M. All of that pol1lon of SectIon 17, Township 23N. R8nge 5£ y.r.M.. lying Hortheaslerly of the NottbeastcIy right-of-way of SR-l69 (Maple Valley ~Yl and EasterlY of the I!aat r1iIIrt-of-way line of SR-405 _ that portlon IyIDg gm<nIIy W'est of the East and So1l!besatcrly line of BIOII8OIl Way HE IyIDg ,.w.'~"''''. 'ceYt_ lr+S t Wi ;; "F" aay La 'it t1\'g • - -r-'-' --..-. • • • between the South line of the HE 3rd Street ond the North ... terly margJn of SR- 405. SecIIon 21, T~1p 23N, Range 5E W.M. 1IIl thai portion of Sodlon 21. TownshIp 23N. R 5E W.M. \y1Dg Northeuterly of the Northtastmy right-of-way line of SR·l69 (Maple ValIqI HJg!lwayl aDd west of the East IfDe of the PIa1 of Maplewood DMalon !'fo. 2 as m:olded In the Book of Plats, ..,lumeS9, page 59. ReconisofKblgCounty, Waoblngton. -. 22, TOMI1Ih/p 23N, Rango IE W.M. All of that portIOn of Sectlon 22. Township 23N, Range 5E W,M, desc:rlbed as follcnn: All of the Northwest 14 of the Northeast \4 of eald s..:tlon 22 Jy\ng Northedy of the Soulb<riy!lDe of the Plat of Maplewood HeIgbts .. """'<Ied In !be Book Of Plats • ..,tume 78. pagec.l tIuougb 4. ReconIs ofKlag County. WaabIngton. Together with the North 227.11 feet of the West 97.02 of the Northea8t \Ii of the Northeast \4 of aald Sodlon 22. • - , ...... I· · . . . -- ',~."".'" . -. , -. -. .. . • • • Exhibit 8 EAST RENTON INTERCEPTOR Special Auossment District Boundary --OJ IIIIIIs IZ2ZZl ....... ""'--' - -' .. . , i \ ; I· · 1 , j " - ---- ---- ------!!!.!".:. --+----.... """" ... L---L.,! ""'"" --"'";;ii;;; .... ; ,;;m:' (OfC1oooJ--. \.. __ "'M~ 'I' .,~W, 1/< or_ '0, r. UI<. •• ~ w.~ ,..om 1._....,._H·-... t,...". __ ......... ". (111_1) l.£~fNO' • -...c<rM 00"" .;.'~.".,......riT'~"f,~ "<1M .. ,_ ,,/", •. ,. ........... , .~ .. ,." .,~ IT~.cEPTIO~ No,_ <-<'-'1 =- 0:> .... = = = C"") = = = = C'.I WHEN RECORDED RETURN TO: Office 01 the City Cieri! Renton CIty Hall 1 DeS South Grady Wrrt Renton. WA 88O!5Ii DEVELOPMENT AGREEMENT PARTIES This Development Agreement (this" Agreement") I~ made and entered mto this 14th day of September, 2000, by and among the Cl\y of Renton ("City"), a mUOIclpal corporation of the state of Wash mgt on, T and E Investment, Inc, a Washmgton corporatIOn, owner of the parcel of property wlthlll the area covered by tillS Agreement ("Owner"), and AEGIS CAPIT AL INTERN A T10NAL, a Nevada corporatIOn, purchaser of the same parcel of property wlthm the area covered by this Agreement ("Purchaser") RECITALS WHEREAS, there IS a vacant parcel of property located adJdcent to and south of N E 3rd/4th Street, between Monroe Avenue N E' and Edmonds Avenue N E In the CIty of Renton, and WHEREAS, the vacant parcel of pmpelty " currently zoned R-I 0, and WHEREAS, the site ha~ been propo~cd for ~elt:storage and oflice use" and WHEREAS, such uses may not be established In the R-IO Zone under CUI rent City Ordinances, and WHEREAS, the City Council of the City of Renton has detenmned that such uses may be appropnate for the subject property under certam conditions, and WHEREAS, the City Council believes that such uses can be accommodated pur,uant to a Comprehensive Plan Amendment and Rezone, Renton MUOlclpal Code amendment~, dnd a development agreement a~ authonzed In RCW Chapter 36 70B 170 through 210, and WHEREAS, on May 3, 2000, the Planning Commission held a public heanng about the Comprehensive Plan Amendments and' Rezone redesignatmg the property from DEVELOPMENT AGREEMENT -Page I &----""1 I EXCEPTION No,_ """,I = CQ -4 = = = <T') <=> = = = C'I ResIdential OphonslR-1O to Employment Area -Industnal/Llght Industrial. potential MUnicIpal Code amendments. and an associated development agreement, and WHEREAS, the CIty CouncIl adopted a Planning and Development CommIttee report on August 7, 2000, whIch recommended (a) redeslgnatlon of the property to Employment Area -IndustnallLlght Industnal and (b) amendment of the LIght Industrial Zone to allow Office uses cIty-wide, and WHEREAS, the adopted CommIttee report also Includes recommendatIons for a development agreement that Incorporates EnvIronmental RevIew CommIttee mitigation measures, and WHEREAS, thIS Agreement has been reVIewed and approved by the City CouncIl of the CIty of Renton, Washmgton, and WHEREAS, this Agreement appears to be In the best Interests of the CItIzens of the City of Renton, Washmgton, NOW, THEREFORE, the partIes agree as follows SECTION 1. AUTHORITY Pursuant to RCW 3670B 170(1), the Cay and persons wIth ownershIp or control of real property are authonzed to enter mto a development agreement settmg forth development standards and any other provISIons that shall apply to, govern. and vest the development, use, and mltlgahon of the development of the real property for the duratIon of such development agreement SECTION 2, SUBJECT PROPERTY A. Legal Description and Illustrative Map: The subject property IS legally described 10 Exhibit A, attached hereto and Incorporated by reference as If fully set forth herem, and graphIcally represented In the drawing attached as ExhIbIt B and Incorporated herein as If fully set forth B. King County Property Identilication Number: The King County Property Identdicahon Number for the subject property, applicable at the tIme of thIS Agreement, IS 1623059062 SECTION 3. DEVELOPMENT STANDARDS A. Permitted Rnd Prohibited Uses. PermItted uses of the subject property Include, and are hmlted to, the followmg 1. Office DEVELOPMENT AGREEMENT -Page 2 l --! = = -~ .=.;, -' ~, ,,., ,- ,,~ ~-:) co ~, < -, 2. Self-storage. mcludmg storage of vehIcles, provIded that no portIon of any stored vehIcle IS VISIble from any adjacent, reSIdentIally-zoned property B, Site Development Standards. The development standards of RMC TItle 4 In effect at the time of thIS Agreement shall apply to the subject property, except as provIded In subsectIOns B I to B 3, below . 2 3 Setbacks Setbacks shall follow the reqUIrements of the IL Zone, except that the nllmmum setback from the top of slopes (as Identified by the 25% slope boundary hne) along sIte boundaries adjacent to reSidential zones shall be 10 feet Slopes may be measured followmg approved gradIng on sIte HeIght Self storage structures. ~hall be Itmlted to a maxllnum heIght of 2 stones or 30 feet SpeCIal ReqUIrements (a) No cham-lmk or other metallIC fencmg shall be VISIble from the adjacent reSidential zoned propertle; to the ;outh dnd west (b) The gross floor area of uses on the site shall be limIted such that avel age dally vehIcular tripS generated shall not cumulatIvely exceed 680, as calculated by the 1997 1IIIIIIII/e of I ralllporlai/(J/l F:/IXIfI"cr\ (ITl'J Mal/llal (c) Conslsten~y wIth eIther of the ElevatIOn and SIte Plan alternatIves, attached as ExhIbIts C and D and mcorporated herem as If fully set forth, shall be a reqUIrement for approval of development of the subject property West fa,ades ;hall reflect the fa9ade articulation and character represented In the north elevallon In ExhIbIt C. however, as to the east facades, only the portlon(;) thereof that Will be VISIble when travellll1g westbound on NE3rd/4 th Street shall be reqUIred to renect the fa92de artIculatIon and character represented m the north elevatIon 10 ExhIbIt C Minor modifications, such as may be reqUIred to meet CIty of Renton Codes, shall be allowed only WIth the approval of the ZonlOg Admrnlstrator or deSIgnee Development proposals for the subject property that are deterrnlned to be slgmficantly dJ!Terent rn scale, layout, fa~ade artIculatIon or vIsual character from both Elevatrons shown 10 ExhIbit C or from both of the SIte Plans shown rn ExhibIt D are prohIbited without amendment to thIS Agreement SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, thIS Agreement shall be enforceable dUring ItS term by a party to thIS Agreement, provIded, however, only the CIty may enforce the above-stated sIte DEVELOPMENT AGREEMENT -Page 3 specIfic restnctlons Dur10g the term of th,s Agreement the subject property shall not be subject to a new zonmg ordmance or an amendment to a zonmg ordmance or development standard adopted after the effective date of thIs Agreement unless (a) otherwise provided 10 thIs Development Agreement or (b) agreed to by the owner(~) of any of the portlon(s) of the Property to whIch such new zonmg ordmance or an amendment to a zomng ordmance or to a development standard shall apply or (c) m the case of a new or amended development regulatIon the regulatIon IS one that the CIty' was requIred to adopt or amend because of reqUIrements of state or federal law Any permIt or approval Issued by the City for the subject property dunng the Agreement's term must be consIstent with thiS Agreement SECTION 5. EFFECT OF OTHER CITY REGULATIONS A. Definitions: The defimtlOns of RMC Title 4 10 effect at the tIme of thIS Agreement shall apply to mterpretatlOn ofpermJtted uses and SIIe development standards proVIded 10 thIS Agreement B. C. Parking: The Park10g and Loadmg regulatIOns of RMC Title 4 10 efYect at the time of thiS Agreement shall apply to development of the subject property that IS consistent With thiS Agreement Environmental Review/Sensitive Areas: Where apphcable, all development shall comply With all environmental review and senSItive area regulallons addressed In Title 4 and Title 8 of the Renton MUniCipal Code which are 10 clYect at the time of thIS Agreement D. Signs: The SIgn Code of RMC Title 4 In effect at the time of thiS Agreement shall apply to development of the subject property that IS conSIStent With thiS Agreement E. Other Development RegUlations and Permits: Development ~hall be subject to any other apphcable development standards or reqUirements not otherwise ~peclfied 10 thiS Agreement including. but not hmlted to, any applicable permit process requirement>, Impact fees, mitigatIOn measures, development condition,>, ,treet and utility regulatIOns and speCIfications. subd,VISiOn regulatlOn~, dnd health and ~aDltatlon regulations, which are In etfect at the time oflhls Agreement SECTION 6. AUTHORITY RESERVED Pursuant to RCW 3670B 170(4), the City reserves ItS authonty to Impose new or different regulatIOns to the extent reqUired by a senous threat to public safety SECTION 7. RECORDING Pursuant to RCW 36 70B 190, thiS Agreement shall be recorded With the real property records of Kmg County Durmg the term of thiS Agreement, the Agreement shall be bmdlng on the DEVELOPMENT AGREEMENT -Page 4 parties and their respective successors and a~slgns In Interest with re~pect to the subject property SECTION 8. TERM This Agreement shall run with the subject property until amended or rescinded by the City CounCil In accOIdance with Section 9, below With respect to any portlOn(s) of the property that are not developed, the parties to this Agreement agree to evaluate the Agreemeni periodically. but not less than evelY ten (10) year~ Where approprIate, periodiC review of the Agreement shall generally COinCide with the Clty's evaluatIOn of Its entire ComprehenSive Plan SECTION 9, AMENDMENT The prOVISionS of tIlls Agreement, before the explrallon of ten (10) year. from the date of executIOn of this Agreement by all of the parties, may only be amended with the mutual written consent of the partlcs After ten (10) years, the City may change the zoning and development regulations pertment to the subject property as part of It. normal process of alteration to ItS ComprehenSive Plan. Zonmg and Development Regulation. DATED this 14th day of Septembel, 2000 CITY OF RENl ON By ~~~e;7~ __ Je anner, Mayor Attest Approved as)o F Orin ot~WU=-a,~ Lawrence J Warren, Cuy Attorney DEVELOPMENT AGREEMENT -Page 5 STATE OF WASHINGTON) )ss COUNTY OF KING ) T AND E INVESTMENT, INC, a Washington corporallon By .d}" t 1-.. / ~ :.-:}tZ~ ..... ,,- Dolores Petterson Its T C c-~ 'i (, Ill:: ~ AEGIS CAPITAL INTERNATIONAL, a Nevada corporatIOn THIS IS TO CERTIFY that on the~ day Of-r~ 2000, before me, the undersigned, a notary public In and for the Sldte of Was ngtOr1:dUi): commissIOned and sworn, personally appeared Jesse Tanner, to me known to be the Mayor of the C.ty of Renton, a munic.pal corporatIOn that executed the w.thm and foregoing Instrument and acknowledged the said Instrument to be the free and voluntary act and deed of sa.d City of the uses and purposes therem mentIOned, and on oath stated that he was authonzed to execute such Instrument, and that the seal affixed, If any, IS the corporate seal of said ('.Iy IN WITNESS WHEREOF, I have hereto set my hand and atlixed my offiCial seal tr~ day and year first above wntten NOT RY PUBLIC .n and tor the State of Wash mgt on Notary S'u?"UOQ )) -/..-41\-'PArf My appointment exp.re~ 0 &// 0 VO DEVELOPMENT AGREEMENT -Page 6 = C~ c::. , , STATE OF WASHINGTON) )ss COUNTY OF KING ) I certIfy that I know or have satIsfactory eVlden,ce that DIlLORES PETTERSON IS the person who appeared before me and acknowledged Ihat she sIgned the Instrument, on oath stated that she was authOrized to execute' the Instrument and acknowledged It as TREf1S{J gc'::' of T c AND E INVESTMENT, INC, a Washmgton corporatIon, to be the free and voluntary act of such corpordtlon for the uses and purposes mentIOned In the Instrument . Dated print~ MC;~ Signature Title s-\"-O,:\ My AppOintment Expires STATE OF WASHINGTON) )ss COUNTY OF KING ) I certIfy that I know or have sallsfactory eVIdence that RICHARD GILROY IS the person who appeared before me and acknowledged that he sIgned the mstrument, on oath .tated that he was authonzed to execute the IOstrumenl and acknowledged 1\ as vl~e-presldent of AEGIS CAPIT AL INTERNATIONAL, a Nevada corporation, to be the free and voluntary act of such corporation for the uses and purposes menttoned In the Instrument Dated q -/4 -iaco DEVELOPMENT AGREEMENT -Page 7 I I I EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16. TOWNSHIP 23 NORTH. RANGE 5 EAST. W M • IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16. TOWNSHIP 23 NORTH. RANGE 5 EAST. WM, THENCE NORTH 89°12' 42" WEST ALONG THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 315 66 FEET. THENCE SOUTH 1°08'26" WEST ALONG A LINE 30 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF THE STATE OF WASHINGTON TRACT (THE DESCRIPTION OF WHICH IS RECORDED IN VOLUME 2045 OF DEEDS AT PAGE 487, INKING COUNTY, WASHINGTON) A DISTANCE OF 660 30 FEET, <=> THENCE NORTH 89°12'42" WEST A DISTANCE OF 13558 FEET, ~ THENCE SOUTH 1°08'26" WEST A DISTANCE OF 65951 FEET. MORE OR LESS, TO ~ THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER = OF SECTION 16, i "'"' THENCE SOUTH 89°06'38" EAST ALONG SAID SOUTH LINE A DISTANCE OF 45200 ~ FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE = ~-NORTHWEST QUARTER OF SECTION 16. = THENCE NORTH 1°06'27" EAST A DISTANCE OF 132061 FEET, MORE OR LESS, TO g THE POINT OF BEGINNING <"" EXCEPT THAT PORTION THEREOF LYING NORTH OF THE SOUTH MARGIN OF 3kll AVENUE NORTH EXTENSION. NOW KNOWN AS NORTHEAST 3Rl) STREET, AS ESTABLISHED BY DEED RECORDED JUNE 15, 1964 UNDER RECORDING NO 5748566 = 00 "" <=> .;::, <=> "'"' --= C;) = = <'-I 600 ~I--!~~ 1:7,200 EconolDlc Development. Ne1lhborhoods " Suatepo Planum, Sue C.rI-on, AdmlDiltratol' o J)eDZlPOD 23 Aupn 2000 w <L> > « Q) 0 l-e 0 ~ , ~: . . '" I = . , I '~ I~~!l !;) n " I I. • • I ~ i'''' I; Dl! ) 1 , 1 , I , ~ .. , . ,''; I I!! ~ ::l 2 .~ 2 '(1':-, "tV. ~ •• % , 10 \,; • :i! I .. A full·slze copy of this drawing IS on fIle WIth the Renton CIty Clerk STOOA(J; PRO.ECT __ ~w .. .".. ~w .... ""'nI AACnlTl'.cTS m VJCJ!,S1DR AVll surre 100 • ---------, _. = = = = c .... .,-",I ,., I A lull,slze copy 01 this drawing IS on me wllh the Renton City Cieri< "'- ileturn Address CIty Clerk's Omce City of Renton lOSS South Grady Way Renton, W A 98055-3232 IIIIIIII~IIIIIII 20021217002196 CITY OF RENTON EllS 23 00 PAGE 001 OF 00S . 12/17/2002 14 41 ICING COUNTY, UA Title: SEWER EASEMENT Property Tax Parcel Number: 162305 9062 06 PrOject FIre # Street Intersechon or Project Name Reference ND.mber(s) of Documents assigned or released AdmttOnal reference numbers are on pages _ Grantor(s}: Grantee(s): 1 GIlroy Fanuly, L L C 1 CIty orRenton, a MumcI".1 Cornorauon The Grutor, as named above, for or and In consIderation of mutual benefits, hereby grants, bargams, sells and delivers to the above named Grantee, the folloWIng desCrIbed personal property now located at Addlltonallegal" on page 4 & S of document (AbbreVIated legal description MUST go here) LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF;THE NORTHWEST QUARTER OF SECTION 16, TOWNSIDP 23 NORTH, RANGE 5 EAST, W M, IN:THE CITY OF RENTON, KING COUNTY, WASmNGTON 99121L1l9 sewer doEXCISE TAX NOT REQUIRED Pa", 1 fr&:2~""!!L-- \.D 0\ ~ (",I a c t--. ,_. 01 ~ N C c. N That SOld Grantor(s), for and m consIderation of mutual benefits, do by these presents. grant, bargam, sell, convey, and warrants unto the said Grantee, its successors and asSignS, an easement for B pubhc sewer Ime, WIth necessary appurtenances over, under, through, across and upon the follOWIng descnbed property (the nght-of- way) In King County, Washtngton, more parncularly desCribed on page I (ortf tillllegalts not on page I - ExlubltA) For the purpose of construcnon, reconstrucnng, Installing, repanlng, repl,cmg, enlargtng, operahng and lTuuntalnUlg a sewer p.pelme, together WIth the right of mgress and egress thereto WIthout pnor mshtullOn of any SUIt or proceedings oflaw and WIthout InCUITmg any legal obltganon or habll1ty therefore FolloWIDg the 10111,1 construchon oftts facllthes, Grantee may from nme to time construct such addlnonal faclltnes as It may reqmre 1'Ius easement IS granted subject to the followmg ItelT1S and conruuons The Grantee shall, upon complellon of any work Wltbm the property covered by the easement, restore the surface of the easement, and any pnvate trnprovements dISturbed or destroyed durmg execullon of the work, as nearly as practle,ble to the condltlon they were 10 unmedlately before conunencement of the work or entry by the Grantee . 2 Grantor shall retam the nght to use the surface of the easement as long as such use does not mterfere WIth the easement nghts granted to the Grantee a Erect or mamtam any buddlngs or structures Wltlnn the easement, or b Plant trees, shrubs or vegelal10n havmg deep root patterns whIch may cause dOlnage to or mterfere WIth the utlllnes to be placed Wltlun the easement by the Grantee, or e Develop, landscape, or beautIfy the easement area 10 any way winch would unreasonably merease the costs to the Grantee ofrestormg the easement area and any ptlvate trnprovements therem d Dig, tunnel or perform other fonDS of constructIOn actiVItIes On the property whIch would dIsturb dle comp.eMn or unearth Grantee's rsc!lltles on the tlght-of-way, or endanger the lateral support faclbtles e Blast wuhm fifteen (IS) feet of the Tlght-of.way 1'Ius easement shall run WIth the land descrIbed berem, and sball be bmdmg upon tbe parne., thel! belrs, successors 10 Interest and assIgn. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful nght to execute thIS agreement By thts conveyance, Grantor wdl warrant and defend the sale bereby made unto the Grnntee agaInSt all and every person or persons, wbolT1SOever, lawfully clallmng or to claIm the same ThIS conveyance shall bmd the he!rs, executors, adnumstrators and asSIgns forever 91211..09 sewer doc Page 2 \..0 0\ ~ N o o c-... ........ ('1 ...- N c..' c:: N IN WITNESS WHEREOF, said Grantor has caused tillS InStrument to be executed tins ~ day of A' •• ....- 20!Q.. ADDroved and AcceDted Bv: Grantor(s): CORPORATE FORM OF ACKNOWLIlDGM£NT 99121L09se~rdoc STATE OF W ASHIN. GrON ) 88 COUNTY OF KING) A? ./ I certify that I know or have sallsmctoryeVldence that J'e" R.rd A . b. I r,,! I ~TIFY WAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ; e, C:(", SIGNED THIS INSTRUMENT, ON OATH STATED THAT BlSHBW AUTHORlZE~TOEXECUTETHE I:NSTRUMENTAS1lIE ""Q .... "~;~ .t-ne( ,OF G: (rat 1'"""",,;/1 U(' ,AND C OWLEDGED IT TO BE THE FREE AND V UNTARY'ACT OF SUCH PARTYIPARTIES FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT Notary Pubhc m and for the Sla of ashmgt~n Notary (Prmt) R 6 '",1.'71:. & D"...fP " My 'ppomttnent expires 11-+ 2. -0 S Dated f 0 ~ 2. :..c 2. Page 3 '-.0 0\ ~ N o a t'-- ~. 01 ~ C"I c.' c:: N CORE DESIGN, INC. BELLEVUE WA 98007 EXHIBIT "A" LEGAL DESCRIPTION (Must be stamped by aPE or L S ) Core Project No 99121 9/17/02 Legal Description -Sewer Easement A striP of land, 15 00 feet In width over a portion of the northwest quarter of the northwest quarter of Section 16, Township 23 North, Range 5 East, W M , In King County, Washington, said striP having 7 50 feet on each side of the follOWing described centerline COMMENCING at the southeast corner of said subdiVISion, thence N89°0S'38"W, along the south line of said subdivIsion, 452 00 feet, thenCe N01°0S'26"E 659 84 feet, thence SS9012'42"E 13558 feet, thence N01°08'2snE 57 42 feet to the POINT OF BEGINNING of the herein descnbed centerline, thence N83°58'50"E 50 06 feet to POint "A", thence N73014'29nE 165 68 feet, thence S32°08'07"E 100 18 feet, thence SOoo33'54"W 407 54 feet, AND BEGINNING at POint "A", thence SOoo28'31"E 235 SO feet, thence S87°56'23"E 50 70 feet, thence S02°59'42"W 104 59 feet to the terminus of saId centerline The sldehnes of the above descnbed stnp of land shall be lengthened or shortened, as . ~ reqUired, to mtersect at allintenor angle points, the south nght-of-way margIn of NE 3 Street as conveyed by deed recorded under Recording No. 200207220012S6, record of said county and a line that bears S01°08'26"W from the POINT OF BEGINNING 991211..09 sewer doc Pog<:4 1...0 CJ\ ~ (',.1 o C c:--- ,""-' (',I ,"""' 0.t C c:: N t9 1 \ 6 \ ' I ---------' ,w, i z , { 1 o 50 100 200 ~! ~I ~!------ll SCALE: 1--100' I I 87413 '0 S UNE N 1/2, NW 1/4 SEC 16_2~_~38' W 1~ r-~~------------~--~ \\t~-~. 462.00 1~: PAGE 5 0FS SANITARY SEWER EASEMENT EXHIBIT r ~ ~QRE 4205 148thAve NE 5 .... 100 ~ I s.tt.VIJe, Wcshrn9ton 98007 ~DES'GN 4258857877 Fox 42S8857963 ENGINEEOING PLANNING SURVEYING .JOB NO, 99:1.2:1. Ret"' n Add, ess City Clelk's Office City of Renton 1055 South Glady Way Renton, W A 98055-3232 Title: WATER EASEMENT Project File # Reference Numbe1"(s) ofDocomenrs assigned or Grantor(s): 1 Gilroy Fanuly, L L C Property Tax Patcel Number: 1623059062 06 Street Intersectlon or Project Name released Additional reference numbers are on pages __ Grantee(o): 1 City of Renton, a MumclDal Comoratlon The Crantor, as named above} for or and m consld~ratton of mutual benefits. hereby grants, bargams, sens and dehvers to the above named Gnnte'e, the followmg descnbcd perSonal properly now located at Addlhonal1egalls on page 4 & 5 of document (AbbrevIated legal desmpllon MUST go here) LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN:THE CITY OF RENTON, KING COUNTY, WASHINGTON .'''~'''f!F~ (""~ • c., Page I --------, ~----------------~----------------- r;--.. 0\ ~ N o o c--... ","' C'l ><;-- C'! c· c: ('.: That saId Grantor(s), for and m conSlderatlOn of nrutual benefits, do by these presents, grant, bargam, sell, convey, and warrants unto the saId Grantee l Its successors and assIgns, an easement for a public water hoe, With necessary appurtenances over, under, through, across and upon the followmg desCribed property (the rlght-of- way) 10 Kmg County, Washrngton, more palbcularly descubed on page I (or If full legal IS not on page I - Exillblt A) For the purpose of constmcbon, recOllStructmg, mst.lhng, repamng, repl.cmg, enlargmg, operatmg and mamtammg a water PIJlehne, together WIth the nght of mgress and egress thereto WIthout pnor mslltullOn of any SUlt or proceedmgs of law and WIthout mcurtlng any legal obbgabon or hablhty therefore Followmg the mlllal cOllStrucllon of liS fac.tlbes, Grantee may from tIme to tIme construct such add,TIon.1 f.c!lllles .s It may reqUlTe nus .. sement IS granted subject to the followmg Items .nd condlUOllS The Grantee shall, upon complenon of any wor!> Wltbm the property covered by the easement, restore the surface of the easement, and any pnvate Improvements dISturbed or destroyed durmg execullon of the work, as nearly as pracllcable to the condItIOn they were m unmedlately before commencement of the work or entry by the Grantee 2 Grantor shall retaIn the nght to use the surf.ce of the easement as long.s such use does not mterfere with the easement rights granted to the Grantee a Erect or mamtatn any bUlldmgs 01' structures wlthln the easement, or b Plant trees, shrubs or vegetatIOn haVIng deep root p.tterns whIch may cause damage to or Interfere WIth the uuhtles to be placed wlthm the easement by the Grantee, or c Develop, landscape, or beautify the easement area m any way whIch would unreasonably IUCrease the costs to the Grantee ofrestormg the easement area and any pnv.te nnprovements therem d D.g, tunnel or perform other forms of construCTIon acllVltles on the property wIDch would dISturb the comp.cllOn or unearth Grantee's faClhbes on the nght-of-way. or endanger the lateral support fac.hues e Blast wlthm fifteen (\5) feet of the nght-of-way ThIS .. sement shall run WIth the land descnbed herem, and shall be bmdmg upon the partIes, thm hens, successors ID Interest and asslgns Grantors covenant that they are the lawful owners ofthe above properhes and that they have a good and lawful nght to execute thIS agreement By thIS conveyance, Grantor WIll warrant and defend the sale hereby nJade Ullto the Grantee agamst all and every petson or persons, whomsoever, lawfully clalmmg or to claIm the same ThIS conveyance shall bmd the hern, executors, adnurustratols and assigns forever 9121108 ut,lIty doc Pa~2 ('I c.' G N IN WITNESS WHEREOF, said Granlor has caused thIS mstrument to be executed this M. day of--",,=~ 20~ AooToved and Acceoted Bv: Grantor(s): CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal mo't be with," box 99121l 08 l!uhty doc STATE OF WASHINGTON ) SS COUNTY OF KING) b 11 '/ I certify that I know or have satISfactory ovldence that 1\" d1(H cI G. toj I glRTlFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT '/(;Glutd A, c:.rlu.. SIGNED THIS INSTRUMENT, ON OATH STATED THAT HEISHE WAS AUTIlORIZE TO EXECUTE THE INSTRUMENT AS THE :n.. T" fY', OF (;,11-01\ f ...... :('{ .... <..e.,AND CK OWLEDGEDITTOBETHEFREE AND V LUNTARY ACT OF SUCH PARTY/PARTIES FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT Notary Publ C In and for the St.te of W.shmgton NOlary(pnnt) ft."'''.''''' r:. n", ~I\ My appomtment expires ! I -.). :.. -0 ~ Dated ID -:l-r-D ; C".l 't-- N C· C. N CORE DESIGN, INC BELLEVUE WA 98007 EXHrnIT"A" LEGAL DESCRIPTION (Must be stamped by aPE or L S ) Core Project No 99121 8/16/02 Legal Description -Water Easement A striP of land, 15 00 feet In width over a portion of the northwest quarter of the northwest quarter of Section 16, Township 23 North, Range 5 East, W M , In King County, Washington, said stnp haVing 7 50 feet on each Side of the following described centerhne COMMENCING at the southeast corner of said subdivIsion, thence N89°06'38"W, along the south hne of said subdivIsion, 401 96 feet to the POINT OF BEGINNING of the herein described centerline, thence NOoo53'22"E 51 53 feet, thence S88°53'33"E 177 16 feet to POint "A", thence continuing S88°53'33"E 116 89 feet to POint "B", thence continuing S88°53'33"E 51 11 feet to POint "C', thence continUing S8So53'33"E 9 00 feet to POint "D", thence continUing 888°53'33"E 5 00 feet, AND BEGINNING at POint "COO, thence N01°06'27"E 27217 feet to POint "E", thence continUing N01°06'27"E 228 87 feet to POint "F", thence continuing N01°06'27"E 11091 feet to POint "G", thence continUing N01°06'27"E 20 50 feet, thence N29°18'24"W 3916 feet to POint "H", thence continUing N29°18'24''W 71 67 feet to POint "I", thence continUing N29°1S'24"E 7 66 feet to POint· J" and the south right-of-way margin of NE 3n1 Street, as conveyed by deed recorded under Recording No 20020722001266, records of said county, AND COMMENCING at Pomt "J", thence S73°36'34"W, along said south margin, 17972 feet to the POINT OF BEGINNING of the herein deSCribed centerline, thence S15°08'34"E 1987 feet to POint "K", thence continuing S15°08'34"E 14 17 feet, thence SOo051'30"W 4532 feet to POint "L", thence continuing S00051 '30"W 180 05 feet, thence S89°12'37"E 1846 feet to POint "M", thence continuing S89°12'37"E 16 55 feet to POint "N", thence continUing S89°12'37"E 22 61 feet, thence S01°28'41'W 8510 feet, thence N88°52'53''W 13 90 feet to POint "0", thence continuing N88°52'53''W 127 80 feet AND BEGINNING at POint "G", thence N8so53'33"W 30 88 feet, TOGETHER WITH a striP of land 10 00 feet In Width over that portion of said Section 16, said stnp haVing 500 feet on each Side of the follOWing deSCribed centerline, BEGINNING at POint "A", thence S01°06'27"W27 03 feet, AND BEGINNING at POint "B", thence N01°06'27"E 1050 feet, AND BEGINNING at POint "0", thence S01°06'27"W 4818 feet, 99121 L08 ullllly doc Page 4 c---. 0\ "l:'- N o a c-"". ('.,1 ~ N C e- N AND BEGINNING at Pomt "E", thence N88°53'33"W 84 78 feet, AND BEGINNING at Pomt "F", thence N88°53'33"W 22 66 feet, AND BEGINNING at Pomt "H", thence N60041'36''E 41 30 feet, AND BEGINNING at POint "I", thence N60041'36''E 1924 feet, AND BEGINNING at POint "K", thence S74°51'26"W 18 85 feet, AND BEGINNING at Pomt "L", thence N89°08'30"W 35 39 feet, AND BEGINNING at Pomt "M", thence SOoo47'23''W 23 81 feet, AND BEGINNING at POint "N", thence NOoo47'23"E 12 15 feet, AND BEGINNING at POint "0", thence S23°50'49"W 15 15 feet to the termmus of said centerline The sldelJnes of the above descTlbed stTiP of land shall be lengthened or shortened, as required, to mtersect at allintenor angle pomts, the south nght-of-way margin of said NE 30l Street and the south line of the northwest quarter of the northwest quarter of said Section 16 Page S 99121L08 ullhl)' doc ( N C C. N I I ; 1 I _.« '1>_ 1'-1> s"""~' ~z~\;. ~ .. ~ "..,.: t ~~ ~O 11.",6 , 1~ /\" ",O-r:~ I ~l\ POINT 'J" I, t> 6A.~A. I I V' 't ... 6CS~~"'6 '" :1 -t 4 '}."',o • 7 66..:' ? ,. \~ . ..,';'" \1~ 1. \ t5'P-,.,~, 1\ _ POINT 'I ~ "'\,\\"''' ' ....... ""'" ... ~ ~\ \ V. ';I) !i! 'i,\,:~:OINT 'K' POINT "H' {i-~ ~\ f.l!li t;,' 1 ~~. \ It g. I .. 2050J~· N89'2'42'W '" ~~ N74'S"26'E N8S'S3'33"W _1::.1. 135.~ 1 1885 30 88 ~' FOINT'r: N89'011'30'W!1 POINT 'L' 5" 3539 I I 1 ...... I I§ ~, , ~t\ 1-'" ~ III gl,~ ~I: 15'11-1 ~ NS8'S3' 33'W 'FOINT 'F' ..: 2266 ' 'I' ~~ <5, I Z '" , I I g; "'", -, 1 ~ ~ POINT'M~ n61 " ~ N89' 2'3rw POINT 'N' . I "i 18 l '''' 1')" '" ~ NOO'47'23'E 10 81111;:; &:' , § 2381 POINT '0' C;I ,; ~I 16 ":j; _ ...!i~2'5J"W~ ,,.{ I 'g E _,.". == J I IN ~ t1 1<780 ,... 1390 , ,1"1 '" 1;;, ~ ~ '0' _ r'1 (Jt tr~ 0. I I I tl, • "'''' ""' I 'I' ' · o 50 100 ~ 200 E -= ' POINT T 1-1 -!-I~ __ iiill 84781~l' : SCALE: 1--100· ~ : I: I SEE SHT 2 FOR CONTINUATION I PAGE GDF7 WATER EASEMENT EXHIBIT COft 4205 14811lA'. NE S,,'. 100 Bvllevu., WcsnmgtOtl 98D07 \..~. _ / 4258857877 Fox 4258957963 .............. DESIGN ENCINfElI'NG PLANNING SURVEYING JOB NO. 99:1.2:1. 0.1 "'-- N c:: C N 8 9 17 \ 6 \ , ---------- o 50 !I-----J! 100 I 100' SEE SRT. 1 FOR CONTINUATION \'.... ---, __ N 89'1)6'38' W 452.00 401 96 , S UNE N 1/2, NW 1/4 SEC 16-23-5 Ii! 1~~ PAGE } OF7 WATER EASEMENT EXHIBIT ------ 200 ! c·oRE 4105 1481hAvo Nf S"". 100 Bellevue, Wash",gton 98007 \.. _ __./ 425 e85 7877 Fax 425 8857963 ............... DESIGN ENGINEERING PLANNING SURVEYING JOB NO. 99:1.2:1. SHEET 1 OF 3 STOR-HOUSE SELF STORAGE AND OFFICE SHORT PLAT " f'O~TH,IN Of THE NW 1/4 Of THt: NW 1/4 Of stC. 10;,. n'fP. :U N., RCE. 5 E, W.M. CITY or R~NTON. I<ING l,."OONTY, WA~INC1~ I ..... ~11:,. ...... "" ............. _"_ .... _,,., u""""""~ .. _ ---""-.,. AQutna PBOftCfION MOTIf I .'"' g __ -=O_.ll. .... <7~_ ••••• _ooc::h. 'id.~,1.! , ;' STOR-HOUSE SELF· STORAGE AND OFFICE SHORT PLAT SCALE, ," \;;;;Y '" scr:T1ON SUBDIVISJON DIAGRAM 200' T SHEET 2 OF 3 1& .... 0jIl--: ... ""- on vr "".~ • ..". "',,,.. ... -~Sf-"'''''''''''''''. ~~ ~ ;:-:-.::. ~~': "''''"0-..". @ tm"'_l<>I~t...rT-=- STOR-HOUSE SELF STORAGE AND OFFICE SHORT PLAT A PORTION Cf T!it; NW:V4 Of' mE: NW 1/+ or SEC. 16. I'IIP. 23 N .. RCE. ~ !:., W.W Cn' cr R~NTON. KING COUNT'!', WASH1"H;10N ,.,'.., ...... ''''~r .,..., ... ,.., .. """" 1-·+[;+--··,···_· __ ········_···-"'---'-" . SHEET. 3 OF 3 W.l-O%-OI&-BUPL Llfll-1O~0311 ;;;.' 20060705002265.~~ When recorded, return to: W. DIRKER EHLERT Casey & Pruzan, PLLC 425 Pike Street, Suite 610 Seattle, WA 98101-4078 '-111111111111 5 1111 2006070500226 FIRST AMERICAN PRE~ as. 08 PAIlEBB1 OF 0112 0710"2006 14 :64 KING COUNTY. UA PARTIAL RELEASE AND MODIFICATION JI:b 3 .3 OF SHORT PLAT EASEMENTS AND RESTRI<;:TIONS ~l'l>: i\.ol:~c;°IIl\-q. FIRST AMERICANJ~~~~'L As owner of Lots 1, 2, 3 and 4, City of Renton Short Plat No. LUA-02-065-SHPL, entitled: Stor-House Self Storage, an office· short plat, according to short plat recorded December 17,2002 under King County Rec. No. 20021217900004 (the Stor-House Short Plat), Gilroy Family, L.L.C., a Washington limited liability company declares as follows: 1. Paragraph 5 of the Easements and Restrictions stated on the Ster-House Short Plat states as follows: All lots within this short plat shall be subject to covenants, conditions, easements and restrictions including a maintenance and reciprocal parking agreement, to be recorded at the time of conveyance of one or more lots. . The easements depicted on the map sheet of this short plat are for the limited purposes listed below and are to be conveyed following the recording of this short plat as specified according to the reservations listed below. 2. Paragraph 5 of the Easements and Restrictions stated on the Stor-House Short Plat is hereby released and modified to state as follows: Page I C:\MSWor~WDfi\Oilroy\stOt-h.,.u.sc:,P'".n:\cu&:moc!ir.dclc The easements depicted on the map sheet of this short plat are for the limited purposes listed below and are to be conveyed following the recording of this short plat as specified according to the reservations listed below. DATED: June -.2..L 2006. GILROY FAMILY, L.L.C. BY~I~ Its Managing Member STATE OF WASHINGTON) ) 55. COUNTY OF KING ) 2006071)51)1)22155. 'j;,. On this Zq'1h day of June 2006, before ~e, the undersigned, a Notary Public in and for the State ofWasmngton, duly commissioned and sworn, personally appeared RICHARD A. GILROY, to me known to be the Managing Member of Gilroy Family, L.L.C., the limited liability company that executed the foregoing instrument, and acknowledged the said. instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. c:=:=J_ ~=Si~=u--\::re ,*~=otar-y -....:...?-z~L-~~~'-- Page 2 C"''dSWQf\i\WDOOi%r'Jy'.IIl~.ftg-=-par1-"1oMAmod[r.doo )) .. F~ Y PUBLIC in and for the State of Washington. My commission expires ((.-~ '2-.0 1 After recording, return to: W. Dirker Ehlert Casey & Pruzan. PLLC 425 Pike Street. Suite 610 Seattle. WA 98101-4078 .-. EASEMENT FOR ACCESS AND UTILITIES ~'j)7f1 ~~ \ lR'Q;Osq I L{ 4-FIRST AMERICAN BO"1 S'L. 20060705002266.;;;; GILROY FAMILY, L.L.C., a Washington limited liability company (Declarant) declares and establishes the following perpetual non-exclusive easement which will be a covenant running with the land described below as the Star-House Short prat, and the owners thereof from time to time. on the terms and conditions set forth below. RECIT ALS: A. Declarant is the owner of Lots 1, 2, 3 and 4, City of Renton Short Plat No. LUA-02-065-SHPL, entitled Star-House Self Storage and Office Short Plat recorded December 17,2002 under King County Rec. No. 20021217900004 (the Stor-House Short Plat). B. Declarant wishes to provide for an easement and right-of-way that allows for ingress and egress and utility services to the lots in the Star-House Short Plat. Therefore, Declarant declares as follows: 1. Declaration of Easement. A perpetual non-exclusive easement is granted under, across and over those portions of Lots 2 and 3 of the Stor-House Short Plat more particularly described as follows: Pase 1 \\Sa'Isct {o)IMSWore.WDE\Oi\-oy\stcr-house.\:U.lCcessA\nll,doc A strip of land, 36,00 feet in width over a portion of Lots 2 and 3, City of Renton Short Plat Number LUA-02-065-SHPL, recorded under Recording No. 20021217900004, records of King County, Washington, said strip having 18,00 feet on each side of the following described centerline: COMMENCING at the northeast comer of said Lot 2, said comer being on the south right-of-way margin of NE 3rd Street; thence N73°36'34" E, along the north line of said Lot 3 and south margin, 4.63 feet to the POINT OF BEGINNING of the herein described centerline; thence SI5°57' 16" E 22,07 feet; thence S 30°05'07" E 111. 78 feet to Point A said point being 10,00 feet east of the east line of said Lot 2, Together with a strip of land, 20,00 feet in width over a portion of said Lot 3, said strip having 10,00 feet on each side of the following described centerline: BEGINNING at said point A; thence SOl °08'26" E, parallel with the east line of said Lot 2, a distance of 117.23 feet to the terminus of said centerline. The sidelines of the above-described strip of land shall be lengthened or shortened, as required, to intersect at all interior' angle points, and the south right-of-way margin of said NE 3rd Street. 2006070li00221;6. t,,·, . For illustrative purposes, the easement right-of-way is shown in the map' attached hereto as Exhibit A, 2, Purppsg, The purposes of this easement are three-fold: (i) to provide an easement right-of-way for ingress and egress to and from Lots 1,2,3 and 4; (ii) to provide an easement right-of-way for a sanitary sewer connection between Lot 2 and manhole No, 3 of the Stor-House Short Plat, as illustrated in Exhibit B attached hereto; (iii) to provide an easement right-of-way for a storm sewer connection between Lot 3 and the catch basin and storm drainage vault on Lot 2 of the Star-House Short Plat, as illustrated in Exhibit C attached hereto, Page 2 C;\Do(umCIIIS &/Id S.."lnas.l4ld1,.NW A,lUnKJ\l.oul SeI~S\T.IllpQrat)' Inttnw:t Filu\OLXFf'IIlot-bowc eu _t~I;I.doc 3. Maintenance and Costs. Maintenance of the asphalt sw-face and striping within the easement right-of-way shall be conducted andlor managed by the owner of Lot 3 of the Stor-House Short Plat. The cost of such maintenance shall be borne equally by the owners of Lots 1,2,3 and 4 of the Stor-House Short Plat. Within 30 days after any maintenance work on the easement right-of-way is completed, the manager shall invoice each lot owner its proportionate share. Each lot owner shall pay its invoiced amount within 30 days after receipt If payment is not made when due, the delinquent lot owner shall be further assessed and shall be subject to a lien for the assessed amount, together with a late charge of One Hundred Dollars ($100.00), plus interest at 12% apr, compounded monthly, from the due date until payment is made. 4. Access. Subject to the proviso that management of the maintenance of the asphalt surface and striping within the easement right-of-way shall be conducted andlor managed by the owner of Lot 3, each of the owners of Lots I, 2, 3 and 4 of the Stor-House Short Plat shall have the right of access over and across the easement right-of-way to enable them to exercise their rights hereunder, provided that the owner of Lots 2 and 3 shall be compensated for any damage caused by the exercise of said right of access. This limited right of access shall be exercised in a time and in a manner least intrusive and disruptive to the owners and occupants of Lots 2 and 3. 5. Use of Easement Right-of-Way. Declarant reserves to the owners of Lots 2 and 3 of the Stor-House Short Plat the right to use those portions of the easement right-of-way devoted to sanitary sewer service and storm sewer service for any purpose not inconsistent with the rights herein granted; provided, however, that the owners of Lots 2 and 3 shall not Page 3 \\Ses\sCS (e)'.MSWonf\WOE\Cilro)"tI:.or-houSl:l cu.1c:«ss&l1Iil.doc 20060705002266.:: construct or maintain any building or other structure within the easement right-of-way which would interfere with the exercise of the rights herein granted. No digging, tunneling or other fomi of construction activity shall be done in or around the easement right-of-way which would disturb the compac.tion or unearth· the sanitary sewer or story sewer equipment and improvements within the easement right-of-way, or endanger the lateral support of' said facilities. 6. Successors and Assigns. The rights and obligations of the Declarant herein as owner of Lots I, 2, 3 and 4 of the Stor-House Short Plat shall inure to the benefit of and be binding upon its respective successors and assigns in the ownership of said lots. DATED: June J.L, 2006. GILROY FAMILY, L.L.C. By.e::S:~...k£!.~Uf{..~~~--- Richard A. Gi oy Its Managing Mem er Page 4 . \\S!;lI\sa (c:)\MSW(lfd\WDEiGilcQ)'\ItQr.bou~t:Uac"ss&\lli1.doc · STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ~ On this ~ q day of June, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared RiChard A. Gilroy, to me known to be the Managing Member of Gilroy Family, L.L.C., the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. . WITNESS my hand and official seal hereto affixed the day and year first above written. Printed Nam of Notary NOTAR PUBLJC in and for the State of Washington. ~ ~()1 My commission expires {(-']. PageS \\S~ (~)'MSWord\WOE\Gilroy\llor~UIIlUu.~&.util do» - LOT 1 LOT 4 EXHIBIT A ------- LOT 2 ---\-N1S'S7'WW \ 22,07 \ \ \ ~..>\ '!i ,/" ,\'0 \ \ \ \~PRIVATE ACCESS EASEMENT \ \ ~ \ ,,¢. \ ~ .... o \ .~ :,..1, \ \ \ {<. \ \ \ \ 1 t I POINT A , 1 I 1 1-20' -1-10' /,-,' ~,.., I , Nt l!l~ (5 -I "'" /1 , 1 lJ CITY OF RENTON SHORT PLAT NO, LUA-02-065-SHPL, REC, NO, 20021217900004 LOT .3 20060701500221;"",:,:" ' ........ ,~ :-', EXHIBIT B . -------....... -~ ...... --... _-.-" .. _._ .. _-_.' .. -' .. __ ... _------_._ .• -_ ... --_ .. -.-.. ,- , i i ! , i i: ~ ,:~ :u .. .. , , 2006070500221;1;::': " ........ 2006070~0022~~_:: '-" EXHIBITC .~ ••• __ w' __ ·_· ___ ••.•.• -•••••• -•••. ,_ .• -_.-.-.--.'-' .. -.--..... -.... -.. .-.~ ... _ ... - " CHECKED fOR COMPLIANCE TO CITY STANDARDS \~~~CDQI'~~ ~ ~ Dol. Oal._ CITY OF RENTON ASBUILT DRAWING I, 301 ,)'" " .. ~. " R-2974~9 ~.~--(~ After recording. return to: W. Dirker Ehlert Casey & Pruzan, PLLC 425 Pike Street. Suite 610 Seattle. WA 98101-4078 20060705002267.:: EASEMENT FOR STORM DRAINAGE itt j) ~ r lW N "llfLtpt;q I~lf FIRST AMERICAN ]50 '16 'L GILROY FAMILY, L.L.C., a Washington limited liability company (Declarant) declares and establishes the following perpetual non-exclusive easement which will be a covenant running with the land described below as the Stor-House Short Plat, and the owners thereof from time to time, on the terms and conditions set forth below. RECIT ALS: A. Declarant is the owner of Lots I, 2, 3 and 4, City of Renton Short Plat No. LUA-02-065-SHPL, entitled Stor-House Self Storage and Office Short Plat recorded December 17,2002 under King County Rec. No. 20021217900004 (the Stor-House Short Plat). B. Declarant wishes to provide for an easement and right-of-way for construction maintenance and operation of an underground storm drainage system and equipment for the benefit of all lots in the Stor-House Short Plat. Therefore, Declarant declares as follows: 1. Declaration of Easement. A perpetual non-exclusive easement is granted under, across and over those portions of LotS J and 2 of the Stor-House Short Plat as more Page 1 c.\MSWoI'dIWDE\Oilro)'lsIOf·hous,.cu.s\omldta.doc 20060705002267 .,j,',. particularly described in Exhibit A attached hereto. For illustrative purposes, the easement right-of-way is shown in the map attached hereto as Exhibit B. 2. Purpose. For the benefit of Lots 1,2,3 and 4 of the Stor-House Short Plat, the owners thereof shall have the right to construct, maintain, repair and replace an underground storm drainage system within the easement right-of-way consisting of pipe, catch basins and storage vault (the Storm Drainage System). 3. Management and Costs. Maintenance of the Storm Drainage System shall be conducted and/or managed by the owner(s) of Lots 3 and 4 of the Stor-House Short Plat. The cost of maintenance of the Storm Drainage System shall be borne by the owners of the Stor- House Short Plat, as follows: Lot 1: 12% Lot 2: 14% Lots 3 and 4: 74% Within thirty days after any maintenance work on the Storm Drainage System is completed, the manager shall invoice each lot owner its proportionate share. Each lot owner shall pay its invoiced amount within thirty days after receipt. If payment is not made when due, the delinquent lot owner shall be further assessed and shall be subject to a lien for the assessed amount together with a late fee charge of One Hundred Dollars ($100.00); plus interest at 12% apr, compounded monthly, from due date until payment is made. 4. Access. Subject to the proviso that management of the maintenance of the Storm Drainage System shall be conducted and/or managed by the owner(s) of Lots 3 and 4 of the Stor-House Shot Plat, each of the owners of Lots 1,2,3 and 4 of the Stor-House Short Page 2 C:\MSWord\WDB\Oilfo)l\ltcr·bousc.eu,storm.dn.doe 20060705002267.·: .. :· Plat shall have the right of access over and across the easement right-of-way to enable them to exercise their rights hereunder, provided that the owners of Lots I and 2 shall be compensated. for any damage caused by the exercise of said right of access. This limited right of access shall be exercised in a time and in a manner least intrusive and disruptive to the owners and occupants of Lots I and 2. S. Use of Easement Right-of-Way. Declarant reserves to the owners of Lots 1 and 2 of the Stor-House Short Plat the right to use the easement right-of-way for any purpose not inconsistent with the rights herein granted; provided, however, that the owners. of Lots.1 and 2 shall not construct or maintain any other building or other structure within the easement right-of-way which would interfere with the exercise of the rights herein granted. No digging, tunneling or other fonn of construction activity shall be done in or around the easement right- of-way which would disturb the compaction or unearth. the facilities of the Stonn Drainage System within the easement right·of-way, or endanger the lateral support of said facility. 6. Successors and Assigns. The rights and obligations of the Declarant herein as owner of Lots 1,2,3 and 4 of the Stor-House Short Plat shall inure to the benefit of and be binding upon its respective successors and assigns in the ownership of said lots. DATED: June ~ 2006. GILROY FAMILY, L.L.C. BY~;;iJy Its Managing Member Page 3 C;'1o{SWorcf.WDB\Oilroy\rtor·housuas.mnn.drLdoe 20060705002267.:: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this ~ q'rh day of June, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Richard A. Gilroy, to me known to be the Managing Member of Gilroy Family, L.L.C., the limited liability company that executed the foregoing instrumc;nt, and acknowledged the said instrument to be the free and voluntary actand deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Page 4 C:IMSWoI'4IWVE\O'iII"Oy.,lor-lIO\lSMU"IDml.dta.dc>c Printed Nam of Notary NOTAR PUBLIC in and for the State of Washington. () My commission expires (1-11 .c L CORE DESIGN, INC. BELLEVUE WA 98007 ! EXIllBITA Core Project No: 99121 5/26/06 LEGAL DESCRIPTION: STORM DRAINAGE EASEMENT 20060705002267.::::.:' That portion of Lots 1 and 2, City of Renton Short Plat Number LUA-02-065-SHPL, recorded under Recording No. 20021217900004, records of King County, Washington described as follows: COMMENCING at the most northerly northwest corner of said Lot 1, said corner being on the southerly right-of-way margin of NE 3rd Street; thence N73°36'34"E, alon9 the north line of said Lot 1 and said south margin, 96.37 feet to the POINT OF BEGINNING of the herein described tract; thence continuing N73°36'34"E, along said north line and south margin and the north line of said Lot 2, 105.32 feet; thence S16°23'26"E 64,00 feet; thence S73°36'34"W 105.32 feet; thence N16°23'26"W 10.56 feet to Point A; thence continuing N16°23'26"W 53.42 feet to the POINT OF BEGINNING; TOGETHER WITH a strip of land 10.00 feet In width over a portion of Lots 1 and 2 of said Short Plat, said strip having 5.00 feet on each side of the following described centerline: BEGINNING at said Point A; thence S45°46'12'W 89.64 feet to the common boundary between said Lots 1 apd 2; thence S01°06'27''W, along said common boundary and Its southerly prolorgation, 160.02 feet; thence NB2°27'13"E 34.16 feet to the east line of said Lot l' and the terminus of said centeriine. . The sidelines of the above-described strip of land shall be lengthened or shortened, as required, to intersect at all Interior angle points, the east line of said. Lot 1 and with a line that bears N 16°23'16'W from said Point A. 99121 US DI'ninage Easement, 5/26/06, page 1 -- LOT 1 EXHIBITB . n. s\· -:N:'v ~.~. 1:;< ~Q'~~t. ~. \\lS • ~\v. " POS ''b ,., 20060705002267.':":" ,Z \~ ~ '\ \';\~V POINT ) ... Q\ A - '''' 2 --\O~·~ 't / "l: 58 --;:-~~,~ /,/IZ~ __ ..-\\1- .<.,/ // .,,,,;,/ / .>1>/ / / +~ /~ ; ///",0,' / // // ('/ LOT 2 I ~ PRIVATE STORM 5'-\ DRAINAGE EASEMENT 10'-1 . I I I CITY OF RENTON SHORT PLAT I NO. LUA-02-065-SHPL, I I REC, NO. 20021217900004 tl IN ~I ':;",' ~I 1- "'I I Ih. r---,-----------------------r III I I I • I LOT 3 ~ -,nO : lk7~lr1~.E ------~ LOT 4 PRIVa.T~ ~TnRM .- After recording, retwu to: W. Dirker Ehlert Casey & Piuzan, PLLC 425 Pike Street, Suite 610 Seattle, WA 98101-4078 20060705002268.;;;; '\1111111111111111 20060705002268 FI~T A"ERICAN EAS 36.00 PA 011 OF 80S 07 ,,:Z01111 14:84 KING COUNTY, ~A EASEMENT FOR PROPANE TANK FACILITY ,5h J.JI {WN·.\lQ~~\YY FIRSTAMERICAN~o'1S.'2- GILROY FAMILY, L.L.C., a Washington limited liability company (Declarant) declares and establishes a perpeiual exclusive easement which will be a covenant running with the land in favor of the property first described below (the Dominant Property), and the owners thereof from time to time, on the tenns and conditions set forth below, DONITNANTPROPERTY Lots 3 and 4, City of Renton Short Plat No, LUA-02-06S- SHPL, entitled Stor-House Self Storage and Office Short Plat, according to short plat recorded December 17, 2002 under King County Rec, No, 20021217900004. The perpetual exclusive easement is hereby declared under, across and over the following described property (the Servient Property): Lot 2, City of Renton Short Plat No. LUA-02-06S-SHPL, entitled Stor-House Self Storage and Office Short Plat, according to short plat recorded December 17, 2002 under King County Rec, No. 20021217900004. The rights of the owner(s) of the Dominant Property shall be exercised upon the following portion ofthe Servient Property: Page 1 c:\MSWort3\WOB\Gilrof.ea!.prop.tank.(ac:il.doc That portion of Lot 2, City of Renton Short Plat Number LUA- 02-065-SHPL, recorded under Recording No. 20021217900004, records of King County, Washington described as follows: COMMENCING at the southwest comer of said Lot 2; thence the following five courses and distances along the boundary of said Lot 2; thence S88°53'33" E 174.33 feet to the POINT OF BEGINNING of the herein described tract; thence continuing S88°53'33" E 4.20 feet; thence NOlo06'27" E 2.00 feet; thence SS8°53'33" E 16.00 feet; thence NOlo06'27" E 14.00 feet; thence NSs053'33" W 20.20 feet; thence 801006'27" W 16.00 feet to the POINT OF BEGINNING. Contains 291± square feet (0.0067± acres). 2006071)51)1)221;8. ,j;,. For illustrative purposes, the easement right-of-way is shown in the map attached hereto as Exhibit A. 1. Purpose. The owner(s) of the Dominant Property shall have the right to install, construct, maintain, repair and replace, at their sole' cost and expense, and for the benefit of the Dominant Property, a propane gas tank with related equipment and pipelines and a refuse container enclosure. 2. Access. The owner(s) of the Dominant Property shall have the right of access over and across the easement right-of-way to enable them to exercise their rights hereunder, . provided that they shall compensate the owner of the Servient Property for any damage to the Servient Property, or any personalty located thereon, by the exercise of said right of access. This limited right of access to the easement right-of-way shall be exercised in a time and in an area least intrusive and disruptive to the owner of the Servient Property, or its occupants. 3. Indemnity. By accepting and recording this easement, the owner(s) of the Dominant Property agree to indemnify and hold harmless the owner of the Servient Property Page 2 C~SWord\WOB'IGilroy\eal.prop,tant.Ca.cil.dac from and against any and all expense and claims for damages suffered by the owner of the Servient Property, and any other person, which may be caused by the exercise of the rights herein granted to the owner(s) of the Dominant Property, including attorney's fees and litigation costs in any action for recovery on account of such damages; provided, however, that the owner(s) of the Dominant Property shall not be responsible to the owner of the Servient Property for any damages resulting from injuries resulting from injuries caused by acts or omissions of the owner of the Servient Property. 4. Successors and Assigns. The rights and obligations of the owner(s) of the Dominant Property, on the one hand, and the owner of the Servient Property, on the other . hand, shall inure to the benefit of and be binding upon their respective successors and assigns. DATED: June --.lL. 2006. Page 3 C\MSWOl'd\WD6'G1ro~'l'f'JP·tank.l'al:il.doc GILROY FAMILY, L.L.C. B,f2.4cdd, Its Managing Member ,. 20060705002268.:: STATE OF W ASHlNGTON ) ) ss. COUNTY OF KING ) On this Z, 'I'ttI day of June, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Richard A. Gilroy, to me known to be the Managing Member of Gilroy Family, L.L.C., the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Page 4 C\MSWOllftWDOOilroy\w.prop.lUI:. &c:il.doc cf3t.t :? R-(F t .:D .... f.(/l Print Name of Notary NO ARY PUBLIC in and for the State of Washington. My commission expires ((. 2-2.. -() r .' EXillBITA LOT 2 NSS'53'J3'W 20.20 "'"\ 2006070~IJ022I5!.1.::::':· PROPANE TANK EASEMENT N01'06'27'E~ \ 16.00 ,_ POB -N01'06'27'E 14.00 NBS'53'J3'W 17+.33 LOT 1 PROPANE TANK FACllilY EASEMENT EXHIBIT +.20-/~ CITY Of RENTON SHORT PLAT NO. LUA-02-065-SHPL, REC. NO. 20021217900004 LOT 3 '.0'1 J Nt 29th /""c., ~IOI PAGE 10F1 CORE \: ./DESION hllrvw, Wa,tlklDtort 98007 4'JS.8tJj.1rt77 fg~ 42S.885.7P6.3 ENGINEeRING PLANNING· SURVEYING JC>13 NC>_ N88"5J'J3''W 16.00 N01'OS'27"E 2.00 SCALE: ,. a 40' I 30 +? ., This document prepared by; After recording return 10: Key Bank National Association Real Estate Capital Client Services 601 -108th Ave. N.E., Floor 3 P.O. Box 90027 Bellevue, W A 98009-9027 Attn: Terry Neuman 20070119001615.:: 1111111111111111 FIRST !Z!9JJ9001615 =lAGE881 OF 0ze 122.00 XING/III/zen IS:13 COUNTY, LlA KeyBank FIRST AMERICAN 1lDSln q ® <>-R Grantor: DEED OF TRUST. ASSIGNMENT OF RENTS, l" SECURITY AGREEMENT, AND FIXTURE FILING (Project Commonly Known as 'Bellevue Land Acquisition '') GILROY FAMILY·(BELLEFIELD) LLC, a Washington limited liability company Grantees: Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY Beneficiary: KEYBANK NATIONAL ASSOCIATION, a national banking association Legol Description (abbreviated): Section 4, Township 24 N., Range 5 E., SE Quarter, SW Quarter, NW Quarter, together with o Additional on : EXHIBIT A Lots 1-2, City of Renton Short Plat LUA-02-065-SHPL, Roe. 20021217900004 , 042405-9010-02 Assessor s Tax Parcel ID #: 162305-9142-00 162305-9143-09 Reference Nos. of Documents Released or Assigned: _N~I:!:A~ __________ -.J THIS DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this "Deed of Trust,,> is made as of January 19,2007, by GILROY FAMILY (BELLEFIELD) LLC, a Washington limited liability company ("Grantor,,) whose address is 1714 Bellevue Way NE, Bellevue, WA 98004, in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, its successors and assigns, ("Trustee'') whose address is 800 Bellevue Way NW, Bellevue, Washington 98004, for the benefit of KEYBANK NATIONAL ASSOCIATION, its successors and assigns, ("Beneficiary") whose address is clo 1675 Broadway, Suite 400, Denver, Colorado 80202, Attention: Senior Manager, CRE Client Services, Mail Code: CO-02-WT-0401. Deed o/TrrlJl-FINAL Page / 20070119001615.("'" NOTICE TO RECORDER: THIS DOCUMENT CONTAINS A FIXTURE FILING AND SHOULD BE FILED AND INDEXED IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, BUT ALSO AS A FIXTURE FILING. NOTICE TO BORROWER: THE NOTE SECURED BY THIS DEED OF TRUST CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. 1. Grant and Secured Obligations. , 1.1 GranL For the purpose of securing payment and perfonnance of the Secured Obligations defined and described in Section 1.2 below. Grantor hereby irrevocably and unconditionally grants, bargains, sells, conveys; transfers and aSSigns to Trustee in trust, with power of sale and with right of entry and possession, all estate, right, title and interest that Grantor now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, as the context may require, the "Property"): 1.1.1 The real property located in the County of King, State of Washington, as described in EXIllBIT A, together with all existing and future easements and rights affording access to it (the "Premises,,); together with 1,1.2 All buildings, structures and improvements now located or later to be constructed On the Premises (the "Improvements''); together with 1.1.3 All existing and future appurtenances, privileges, easements, franchises and tenements of the Premises, including all minerals, 011, gas, other hydrocarbons and associated substances, sulphur, nitrogen, carbon dioxide, helium and other commercially valuable substances which may be in, under or produced from any part of the Premises, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, and any Premises lying in the streets, roads or avenues, open or proposed, in front of or adjoining the Premises and Improvements; together with 1.1.4 All existing and future leases, subleases, subtenancies, licenses, occupancy agreements and concessions ("Leases") relating to the use and enjoyment of all or any part of the Premises and Improvements, and any and all guaranties and other agreements relating to or made in connection with any of such leases; together with 1.1.5 All real property and improvements on it, and all appurtenances and other property and interests of any kind or character, whether described in EXIllBIT A or not, which may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Premises and Improvements; together with 1.1.6 All goods, materials, supplies, chattels, furniture, fixtures, equipment and machinery now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Premises and Improvements, whether stored on the Premises or elsewhere, including all pumping ~ed (lITrElsf-FINAL Page 2 2007011900161 ~ .. :,,:. plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration and plumbing fixtures and equipment, all of which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust; together with 1.1.7 AU building materials, equipment, work in process or other personal property of any kind, whether stored on the Premises or elsewhere, which have been or later will be acquired fOr the purpose of being delivered to, incorporated into or installed in or about the Premises or Improvements; together with 1.1.8 All of Grantor's interest in and to all operating accounts, the Loan funds, whether disbursed or not, all reserves set forth in the Budget, and any other bank accounts of Grantor; together with 1.1.9 All rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all earnest money sales deposits) or deposited by Grantor with third parties (including all utility deposits), contract rights, development and use rights, governmental permits and licenses, applications, architectural and engineering plans, specifications and drawings, as-built drawings, chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor of Beneficiary), which arise from or relate to construction on the Premises or to any business now or later to be conducted on it, or to the Premises and Improvements generally and any builder's or manufacturer's warranties with respect thereto; together with 1.1.10 All insurance pOlicies 'pertaining to the Premises and all proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any of the Premises, Improvements or the other property described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance poliCies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Premises, Improvements or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact; together with 1.1.11 All of Grantor's right, title, and interest in and to any and all units, declarant rights, and any other rights relating to the Premises or to Improvements, whether now existing or subsequently arising, under any laws now eXisting or subsequently arising relating to condominiums; together with Deed ofTnlsl-FINAL Page 3 20070119001615.: : 1.1.12 All Grantor's right, title and interest in and to any swap transaction or interest rate agreement or interest rate hedging program through the purchase by Grantor from Beneficiary of an interest rate swap, cap, or such other interest rate protection product (an agreement eVidencing any such arrangement, an "Interest Rate Agreement"), all whether now or hereafter entered into by Grantor with respect to the Loan, including, without limitation, any and all amounts payable to Grantor, any deposit account or accounts with the Beneficiary in the name of the Grantor for deposit of payments to Grantor in connection with any Swap Transaction, and any and all funds now or hereafter on deposit therein, and; together with 1.1.13 All Grantor's rights in (i) all agreements heretofore or hereafter entered into relating to the construction, ownership, operation, management, leasing or use of the Premises or Improvements, (ii) any and all present and future amendments, modifications, supplements, and addenda to any of the items described in clause (i), (iii) any and all guarantees, warranties and other undertakings (including payment and performance bonds) heretofore or hereafter entered into or delivered with respect to any of the items described in clauses (i) through (ii), (iv) all trade names, trademarks, logos and other materials used to identify or advertise, or otherwise relating to the Premises or Improvements, and (v) all building permits, governmental permits, licenses, variances, conditional or special use permits, and other authorizations now or hereafter issued in connection with the construction, development, ownership, operation, management, leasing or use of the Premises or Improvements, to the fullest extent that the same or any interest therein may be legally assigned by Grantor; together with 1.1.14 All books and records pertaining to any and all of the property described above, including computer· readable memory and any computer hardware or software necessary to access and process such memory ("Books and Records"); together with 1.1.15 All proceeds of, additions and accretions to, substitutions and replacements for, and changes in any of the property described above. Capitalized terms used above and elsewhere in this Deed of Trust without definition bave the meanings given them in the Loan Agreement referred to in Subsection 1.2.I(a) below. 1.2 Secured Obligations. 1.2.1 Grantor makes the grant, conveyance, assignment, and transfer set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the "Secured Obligations,,) in any order of priority that BenefiCiary may choose: (a) Payment of all obligations at any time owing under a promissory. note (the "Nole") bearing even date herewith, payable by Grantor as maker in the stated principal amount of Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000) to the order of Beneficiary; and (b) Payment and performance of all obligations of Grantor under this Deed of Trust; and Dw! of Trust -FINAL Page 4 2007011900161 !5. ::::.:. (c) Payment and performance of all obligations of Grantor under a Loan Agreement bearing even date herewith between Grantor as "Borrower" and Beneficiary as "Lender" (the "LOan Agreement"); and (d) Payment and performance of any obligations of Grantor under any Loan Documents which are executed by Grantor; and (e) Payment and performance of all obligations of Grantor arising from any Interest Rate Agreements, including without limitation, any Cash Settlement Amount or any payments on Early Termination payable by Grantor under any Swap Transaction or Confirmation. Capitalized terms used in this subsection (v) not otherwise defined in this Deed of Trust are defined in the 2000 ISDA Definitions published by the International Swap and Derivatives Association, Inc; and (f) Payment and performance of aU future advances and other obligations that Grantor or any successor In ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when a writing evidences the parties' agreement that the advance or obligation be secured by this Deed of Trust; and (g) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. 1.2.2 All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations, the terms and conditions of which are incorporated herein by this reference, and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Note or the Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time. 2. Assignment of Rents. 2.1 Assignment. Grantor hereby irrevocably. absolutely. presently and unconditionally assigns to Beneficiary all rents, royalties, issues, profits, revenue, income, accounts, proceeds and other benefits of the Property, whether nOW due, past due or to become due, including all prepaid rents and security deposits (some or all collectively, as the context may require, "Rents"). This is an absolute assignment, not an assignment for security only. 2.2 Grant of License. Beneficiary hereby confers upon Grantor a license ("license") to collect and retain the Rents as they become due and payable, so long as no Event of Default. as defined in Section 7.2 below. shall exist and be continuing. If an Event of Default has occurred and is continuing, Beneficiary shall have the right. which it may choose to exercise in its sole discretion, to terminate this License without notice to or demand upon Grantor. and without regard to the adequacy of Beneficiary's security under this Deed of Trust. [ked ofTrtlsl-FINAL Page 5 2007011900161 ~::~: .. 2.3 Collection and Application of Rents. Subject to the License granted to Grantor under Section 2.2 above, Beneficiary has the right. power and authority to collect any and all Rents. Grantor hereby appoints Beneficiary its attorney·in·fact to perform any and all of the following acts, if and at the times when Beneficiary in its sole discretion may so choose: 2.3.1 Demand, receive and enforce payment of any and all Rents; or 2.3.2 Give receipts, releases and satisfactions for any and all Rents; or 2.3.3. Sue either in the name of Grantor or in the name of Beneficiary for any and all Rents. " Beneficiary and Grantor agree that the mere recordation of the assignment granted herein entitles: Beneficiary immediately to collect and receive rents upon the occurrence of an Event of Default,: as defined in Section 7.2, without first taking any acts of enforcement under applicable law, such, . as, but not limited to, providing notice to Grantor, filing foreclosure proceedings, or seeking andlor obtaining the appointment of a receiver. Further, Beneficiary's right to the Rents does not depend on whether or not Beneficiary takes possession of the Property as permitted under Subsection 7.3.3. In Beneficiary's sole discretion. Beneficiary may choose to collect Rents either with or without taking possession of the Property. BenefiCiary shall apply all Rents collected by. it in the manner provided under Section 7.6. If an Event of Default occurs while Beneficiary is in possession of all or part of the Property a nd is collecting and applying Rents as permitted under this Deed of Trust, Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or if) equity. 2.4 Beneficiary Not Respomible. Under no circumstances shall Beneficiary have any duly to produce Rents from the Property. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Premises and Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be: 2.4.1 A "Beneficiary in possession" for any purpose; or 2.4.2 Responsible for performing any of the obligations of the lessor under any lease; or 2.4.3 Responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property; or 2.4.4 Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it. ' 2.S Leasing. Grantor shall not accept any deposit or prepayment of rents under the leases for any rental period exceeding one (I) month without Beneficiary'S prior written consent. Grantor shall not lease the Property or any part of it except strictly in accordance with the Loan Agreement Deed o!TnlSl-FINAL Page 6 20070119001615::": 3. Grant of Security Interest. 3.1 Security Agreement. The parties intend for this Deed of Trust to create a lien on the Property, and an absolute assignment of the Rents, all in favor of Beneficiary. The parties acknowledge that some of the Property and some or all of the Rerus may be determined under applicable law to be personal property or fixtures. To the exteru that any Property or Rems may be or be determined to be personal property, Grantor as debtor hereby grants Beneficiary and Trustee as secured parties a security interest in all such Property and Rents, to secure payment and performance of the Secured Obligations. This Deed of Trust constitutes a security agreement under the Uniform Commercial Code of the State in which the Property is located, covering all such Property and Rents. 3,2 Financing Statements. As provided in Section 5.9 below, Grantor shall pay all other fees and costs that Beneficiary may incur in filing one or more financing statements and such other documents as Beneficiary may from time to time require to perfect or continue the perfection of Beneficiary's security interest in any Property or Rems and in obtaining such record searches as Beneficiary may reasonably require. In case Grantor fails to execute any documents required for the perfection or continuation of any security interest, Grantor hereby appoints Beneficiary as its true and lawful attorney-in-fact to execute any such documents on its behalf. If any financing statement or other document is filed in the records normally pertaining to personal property, that filing shall never be construed as in any way derogating from or impairing this Deed of Trust Or the rights or obligations of the parties under it. 4. FIXture Filing. This'Deed of Trust constitutes a financing statement filed as a fixture filing under Article 9 of the Uniform Commercial Code in the State in which the Property is located, as amended or recodified from time to time, covering any Property which now is or Later may become fixtures attached to the Premises or Improvements. For this purpose, the respective addresses of Grantor, as debtor, and Beneficiary and Trustee, as secured parties, are as set forth in . the preambles of this Deed ofTrus!. 5. Rights lind Duties of the Parties. 5.1 Representations and Warranties. Grantor represents and warrants that: 5.1.1 Grantor lawfully possesses and holds fee simple title to all of the Premises and Improvemerus; 5.1.2 Graruor has or will have good title to all Property other than the Premises and I mprovemenls; 5.1.3 Grantor has the full and unlimited power, right and authority to encumber the Property and assign the Rents; 5.1.4 This Deed of Trust creates a first and prior lien on the Property; Dud oJTru"~F1NAL Page 7 200701190016115.·:··:· insurance coverage required to be maintained by Grantor on the Property or any part of it under the Loan Agreement. 5.6.5 Grantor shall not commit or allow waste of the Property. including those acts or omissions characterized under the Loan Agreement as waste which arises out of Hazardous Material. 5.6.6 Grantor shall perform all other acts that from the character or use of the Property may be reasonably necessary to maintain and preserve its value. 5.7 Releases, Extensions, ModificatiolL'l and Additional Security. From time to time, BenefiCiary may perform any of the following acts without incurring any liability or giving notice to any person: 5.7.1 Release any person liable for payment of any Secured Obligation; 5.7.2 Extend the time for payment. or otherwise alter the terms of payment, of any Secured Obligation; 5.7.3 Accept additional real or personal property of any kind as security for any Secured Obligation. whether evidenced by deeds of trust, mortgages, security agreements or any other instruments of security; 5.7.4 Alter. substitute or, release any property securing the Secured Obligations; 5.7.5 Consent to the making of any plat or map of the Property or any part of it; 5.7.6 Join in granting any easement or creating any restriction affecting the Property; or 5.7.7 Join in any subordination or other agreement affecting this Deed of Trust or the lien of it; or 5.7.8 Release the Property or any part of it. 5.8 Release. When all of the Secured Obligations have been paid in full and all fees and other sums owed by Grantor under Section 5.9 of this Deed of Trust and the other Loan Documents have been received, Beneficiary shall request that Trustee reconvey this Deed of Trust and the lien created thereby, and shall release all notes and instruments evidencing the Secured Obligations. Grantor shall pay any costs of preparation and recordation of such reconveyance and releases. 5.9 Compensation, Exculpation, Indemnillcatlon. 5.9.1 Grantor agrees to pay fees in the maximum amounts legally permitted, or reasonable fees as may be charged by Beneficiary when the law provides no maximum .limit. for any services that Beneficiary or Trustee may render in connection with this IHed o/TrlUl-FINAL Page 9 20070119001615.;; : Deed of Trust, including providing a statement of tbe Secured Obligations or providing the release pursuant to Section 5.8 above. Grantor shall also payor reimburse all of Beneficiary's and Trustee's costs and expenses that may be incurred in rendering any such services. Grantor further agrees to payor reimburse Beneficiary for all costs,. expenses and other advances that may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of tbis Deed of Trust, including any rights or remedies afforded to Beneficiary and Trustee under Section 7.3, whether any lawsuit is filed or not, or in defending any action or proceeding arising under or relating to this Deed of Trust, including attorneys' fees and other legal costs, costs of any Foreclosure Sale (as defined in Subsection 7.3.1 below) and any cost of evidence of title. If Beneficiary andlor Trustee, as required by applicable law, chooses to dispose of Property througb more than one Foreclosure Sale, Grantor shall pay all costs, expenses or other advances that may be incurred or made by Beneficiary andlor Trustee in each of sucb Foreclosure Sales. In any suit to foreclose the lien bereof or enforce any otber remedy of Trustee or Beneficiary under this need of Trust or tbe Note, tbere shall be allowed and included as additional indebtedness in the decree for sale or other judgment or decree all expenditures and expenses that may be paid Or incurred by or on behalf of Trustee and Beneficiary for reasonable attorneys' costs and fees (including the costs and fees of paralegals), survey charges, appraiser's fees, inspecting engineer's andlor architect's fees, outlays for documentary and expert evidence, stenographers' charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searcbes and examinations, title insurance policies, and similar data and assurances with respect to title as Trustee and Beneficiary may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree tbe true condition of the title to, the value of or the environmental condition of the Property. All expenditures and expenses of tbe nature in this Subsection mentioned, and such expenses and fees as may be incurred in tbe protection of the Property and maintenance of the lien of tbis Deed of Trust, including the fees of any attorney (including tbe costs and fees of paralegals) employed by Trustee or Beneficiary in any litigation or proceeding affecting this Deed of Trust, the Note or tbe Property, including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by Grantor, with interest tbereon at tbe Default Rate and shall be secured by this Deed of Trus!. 5.9,2 Neitber Beneficiary nor Trustee shall be directly or indirectly liable to Grantor or any other person as a consequence of any of the following: (a) Beneficiary's or, Trustee's exercise of or failure to exercise any rights, remedies or powers granted to Beneficiary andlor Trustee In this Deed of Trus~ (b) Beneficiary's failure or refusal to perform or discbarge any obligation or liability of Grantor under any agreement related to tbe Property or under this Deed of Trust; or (c) Any loss sustained by Grantor or any third party resulting from Beneficiary's failure to lease tbe Property, or from any other act Of omission of Deed olTrus, -FINAL Page 10 ------------------------------------ 20070119001615.ii i Beneficiary in managing the Property. after an Event of Defaull, unless the loss is caused by the willful misconduct and bad faith of Beneficiary. Grantor hereby expressly waives and releases all liability of the types described above, and agrees that no such liability shall be asserted against or imposed upon Beneficiary or Trustee. 5.9.3 Grantor agrees to indemnify BenefiCiary and Trustee against and hold them harmless from all losses. damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other legal expenses, cost of evidence of title, cost of evidence of value, and other costs and expenses which they may suffer or incur: (a) In performing 'any act required or permitted by this Deed of Trust or any of the other Loan Documents or by law; (b) Because of any failure of Grantor to perform any of its obligations; or (c) Because of any alleged obligation of or undertaking by Beneficiary anellor Trustee to perform or discharge any of the representations, warranties, conditions, covenants Or other obligations in any document relating to the Property other than the Loan Documents. This agreement by Grantor to indemnify Beneficiary and Trustee shall survive the release and cancellation of any or all of the Secured Obligations and the full or partial release of this Deed of Trust. 5.9.4 Grantor shall pay all obligations to pay money arising under this Section 5.9 immediately upon demand by Beneficiary. Each such obligation shall be added to. and considered to be part of. the principal of the Note, and shall bear interest from the date the obligation arises at the Default Rate. 5.10 Defense and Notice of ClaIms and Actions. At Grantor's sole expense, Grantor shan protect, preserve and defend the Property arid title to and right of possession of the Property. and the security of this Deed of Trust and the rights and powers of Beneficiary created under it, against all adverse claims. Grantor shall give Beneficiary prompt notice in writing if any claim is asserted that does or could affect any such matters, or if any action or proceeding is commenced which alleges or relates to any such claim. 5.11 Subrogation. BenefiCiary shall be subrogated to the liens of all encumbrances. whether released of record or not, that are discharged in Whole or in part by Beneficiary in accordance with this Deed of Trust or with the proceeds of any loan secured by this Deed of Trust. S.12 Site Visits, Observation and Testing. Beneficiary and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals. observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. Beneficiary has no duty, however, to visit or observe the Property or to conduct tests, and no site visit. observation or /H,d o/rmst-FINAL Page 11 20070119001615.ih. testing by Beneficiary, its agents or representatives shall impose any liability on any of Beneficiary, its agents or representatives. In no event shall any site visit, observation or testing by Beneficiary, its agents or representatives be a representation that Hazardous Material are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Material or any other applicable governmental law. Neither Grantor nor any other party is entitled to rely on any. site visit, observation or testing by any of Beneficiary, its agents or representatives. Neither Beneficiary, its agents or representatives owe any duty of care to protect Grantor or any other party against, or to inform Grantor or any other party of, any Hazardous Material or any other adverse condition affecting the Property. Beneficiary shall give Grantor reasonable notice before entering the Property. Beneficiary shall make reasonable efforts to avoid interfering with Grantor's use of the Property in exercising any rights provided in this Section 5.12. 5.13 Notice of Change. Grantor shall give Beneficiary prior written notice of any change in: (a) the location of its place of business or its chief executive office if it has more than one place of business; (b) the location of any of the Property, including the Books and Records; and (c) Grantor's name or business structure. Unless otherwise approved by Beneficiary in writing, all Property that consists of personal property (other than the Books and Records) will be located on the Premises and all Books and Records will be located at Grantor's place of business or chief executive office if Grantor has more than one place of business. 6. [Deleted.] 7. Accelerating Transfers, Derault and Remedies. 7.1 Accelerating Transfers. 7.1.1 "Accelerating Tranifer" means any Transfer not expressly permitted under Article 17 of the Loan Agreement. 7.1.2 Grantor acknowledges that Beneficiary is making one or more advances under the Loan Agreement in reliance on the expertise, skill and experience of Grantor; thus, the Secured Obligations include material elements similar in nature to a personal service contract. In consideration of Beneficiary's reliance, Grantor agrees that Grantor shall not make any Accelerating Transfer, unless the transfer is preceded by Beneficiary's express written consent to the particular transaction and transferee. Beneficiary may withhold such consent in its sole discretion. If any Accelerating Transfer occurs, Beneficiary in its sole discretion may· declare all of the Secured Obligations to be immediately due and payable, and Beneficiary may invoke any rights and remedies provided by Section 7.3 of this Deed of Trust. 7.2 Events of Derault. Grantor will be in default under this Deed of Trust upon the occurrence of anyone or more of the following events (some or all collectively, "Events of Default"; anyone singly, an "Event of Default',). 7.2.1 An "Event of Default" occurs under the Loan Agreement or any other Loan Document; or Deed ofTnl~1-FJNAL. Page 12 20070119001615.(',-; 7.2.2 Axly default by Grantor or any Guarantor under the Environmental Indemnity that is not cured within any applicable cure period thereunder; or 7.2.3 Any default by Grantor under any Permitted Exception that is not cured within any applicable cure period thereunder. 7.3 Remedies. At any time after an Event of Default. Beneficiary shall be entitled to invoke any and all of the rights and remedies described below, in addition to all other rights and remedies available to Beneficiary at law or in equity. All of such rights and remedies shall be cumulative, and the exercise of anyone or more of them shall not constitute an election of remedies. 7.3.1 Acceleration. Beneficiary may declare any Or a\l of the Secured Obligations to be due and payable immediately. 7.3.2 Receiver. Beneficiary shall, as a matter of right, without notice and without giving bond to Grantor or anyone claiming by, under or through Grantor, and without regard for the solvency or insolvency of Grantor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Grantor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Beneficiary would have, upon entering and taking possession of the Property under Section 7.3.3 below. 7.3.3 Entry. Beneficiary, in person, by agent or by court-appointed receiver, may enter, take possession of, manage and operate all or any part of the Property, and may also do any and all other things in connection with those actions that Beneficiary may in its sole discretion considee necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: taking and possessing all of Grantor's or the then owner's Books and Records; entering into, enforcing, modifying or canceling leases on such terms and conditions as Beneficiary may consider proper; obtaining and evicting tenants; f1J(ing or modifying Rents; collecting and receiving any payment of money owing to BenefiCiary; completing any unfinished construction; andlor contracting for and making repairs and alterations. If Beneficiary so requests, Grantor shall assemble all of the Property that has been removed from the Premises and make all of it available to Beneficiary at the site of the Premises. Grantor hereby irrevocably constitutes and appoints Beneficiary as Grantor's attorney-in-fact to perform such acts and execute such documents as Beneficiary in its sale discretion may consider to be appropriate in connection with taking these measures, including endorsement of Grantor's name on any instruments. Deed "'Trust -FINAL Page 13 20070119001615.::~ 7.3.4 Cure; Protection of Security. Beneficiary may cure any breach or default of Grantor, and if it chooses to do so in connection with any such cure, Beneficiary may also enter the Property andlor do any and all other things that it may in its sole discretion consider necessary and appropriate to protect the security of this Deed of Trust, including, without limitation, completing construction of the improvements at the Property contemplated by the Loan Agreement. Such other things may include: appearing in andlor defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary's sole judgment is or may be senior in priority to this Deed ofTrus~ such judgment of Beneficiary or to be· conclusive as among the parties to this Deed of Trust; obtaining insurance andlor paying any premiums or charges for insurance required to be carried under the Loan Agreement; otherwise caring for and protecting any and all of the Property; andlor employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary. Beneficiary may take any of the actions permitted under this Subsection 7.3.4 either with or without giving notice to any person. Any amounts expended by Beneficiary under this Subsection 7.3.4 shall be secured by this Deed of Trust 7.3.S Uniform Commercial Code Remedies. Beneficiary may exercise any or all of the remedies granted to a secured party under the Uniform Commercial Code in the State in which the Property is located. 7.3.6 Foreclosure; Lawsuits, Beneficiary shall have the right, in one or several concurrent or consecutive proceedings, to (A) foreclose this Deed of Trust judicially, in the same manner as a mortgage; or (B) cause the trustee to exercise the trustee's power of sale in accordance with the provisions of this Deed of Trust and of the Deed of Trust Act of the State of Washington, RCW Ch. 61.24, as now existing or hereafter amended; or (C) sue on the Note or Loan Agreement in accordance with applicable law. Beneficial}' or its nominee may bid and become the purchaser of all or any part of the Property at any foreclosure or other sale hereunder, and the amount of Beneficiary's successful bid shall be credited on the Secured Obligations. Without limiting the foregoing. Beneficial}' may proceed by a suit or suits in law or equity, whether for specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted, or for any forec losure under the judgment or decree of any court of competent jurisdiction. In addition to the right provided in Section 7.3.1, upon, or at any time after the filing of a complaint to foreclose this Deed of Trust, Trustee and Beneficiary shall be entitled as a matter of right to the appointment of a receiver of the Property by the court in which such complaint is filed, and Grantor hereby consents to such appointment. 7.3.7 Other Remedies. Beneficiary may exercise all rights and remedies contained in any otha' instrument, document, agreement or other writing heretofore, concurrently or in the future executed by Grantor or any other person or entity in favor of BenefiCiaI}' in connection with the Secured Obligations or any part thereof. without prejudice to the right of Beneficiary thereafter to enforce any appropriate remedy against Grantor. Beneficiary shall have the right to pursue all remedies afforded to a Beneficiary under applicable law, and shall have the benefit of all of the provisions of such applicable Dtcd o/Trust-FINAL Page /4 ------------------------------ 20070119001615.::; . law, including all amendments thereto which may become effective from time to time after the date hereof. 7.3.8 Sale of Personal Property. Beneficiary andlor Trustee, as required by applicable law, shall have the discretionary right to cause some or all of the Property. which constitutes personal property. to be sold or otherwise disposed of in any combination and in any manner permitted by applicable law. (a) For purposes of this power of sale, Beneficiary andlor Trustee, as required by applicable law, may elect to treat as personal property any Property th.t is intangible or that can be severed from the Premises or Improvements without causing structural damage. If it chooses to do so, Beneficiary andlor Trustee, as required by applicable law, may dispose of any personal property, in any manner permitted by Article 9 of the Uniform Commercial Code of the State in which the Property is located, including any public or private sale, or in any manner permitted by any other applicable law. (b) In connection with any sale or other disposition of such Property, Grantor agrees that the following procedures constitute a commercially reasonable sale: Beneficiary shall mail written notice of the sale to Grantor not later than thirty (30) days prior to such sale. Beneficiary will publish notice of the sale in a local daily newspaper of general circulation. Upon receipt of any written request, Beneficiary will make the Property available to any bona fide prospective purchaser for inspection during reasonable business hours. Notwithstanding, BenefiCiary shall be under no obligation to consummate a sale if, in its judgment, none of the offers reeei ved by it equals the fair value of the Property offered for sale. The foregoing procedures do not constitute the only procedures that may be commercially reasonable. 7.3.9 Foreclosure Sales. Upon written request therefor by Beneficiary specifying the nature of the default, or the nature of the several defaults, and the amount or amounts due and owing, Trustee shall execute a written notice of default and of its election to proceed with foreclosure (a "Foreclosure Sale") to satisfy the obligation secured hereby, and shall cause such notice to be recorded and otherwise given according to law. (i) Notice of sale having been given as then required by law and not less than the time then required by law having elapsed after recordation of such notice of breach, Trustee, without demand on Grantor, shall sell the Property at the time and place of sale specified in the notice, as provided by statute, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest and best bidder for cash in lawful money of the United States, payable at time of sale. Gmnlor agrees that such a sale (or a sheriffs sale pursuant to judicial foreclosure) of all the Property as real estate constitutes a commercially reasonable disposition thereof, but that with respect to all or any part of the Property that may be personal property Trustee shall have and exercise, at Beneficiary's sole election, all the rights and remedies of a secured party under the Ucc. Whenever notice is permitted or required hereunder or under the UCC, ten (10) days shall be deemed reasonable. Trustee may postpone sale of a\l or any portion of the Property, and from time to time thereafter may postpone such sale, as provided by statute. Trustee Deed a/TrUll-FINAL Page 15 20070119001615.;;: . shall deliver to the purchaser its deed and bill of sale conveying the Property so sold, but without any covenant or warranty, express or implied. The recital in such deed and bill of sale of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person other than Trustee, including Grantor or Beneficiary, may purchase at such sale. (ii) After deducting all costs. fees, and expenses of Trustee and of this trust, including the cost of evidence of title search and title insurance and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums secured hereby in such order as Beneficiary may determine; and the remainder, if any, to the clerk of the superior court of the county in which the sale took place, as provided in RCW 61.24.080. If Beneficiary chooses to have more than one Foreclosure Sale, Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Beneficiary may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Deed of Trust on any part of the Property that has not been sold, until all of the Secured Obligations have been paid in full. I 7.4 Credit Bids. At any Foreclosure Sale, any person, including Grantor or Beneficiary, may bid for and acquire the Property or any part of it to the extent permitted by then applicable law. Instead of paying cash for such property. Beneficiary may settle for the purchase price by crediting the sales price of the property against the following obligations: 7.4.1 First, the portion of the Secured Obligations attrihutable to the expenses of sale, costs of any action and any other sums for which Grantor is obligated to payor reimburse BenefiCiary and Trustee under Section 5.9 of this Deed of Trust; and 7.4.2 Second, all other Secured Obligations in any order and proportions as Beneficiary in its sale discretion may choose. 7.S Application of Foreclosure Sale Proceeds. Beneficiary shall apply the proceeds of any Foreclosure Sale in the following manner: 7.5.1 First, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Grantor is obligated to reimburse Beneficiary or Trustee under Section 5.9 of this Deed of Trust; 7.S.2 Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary under the terms of this Deed of Trust that then remain unpaid; 7.5.3 Third. to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose; and 7.5.4 Fourth, the remainder, if any, to the superior court of the county in which the sale took place, as provided in RCW 61.24.080. Deed Q/Trust -FINAL Page 16 20070119001615.01 7.6 Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Beneficiary may receive or collect under Section 7.3 above, in the following manner: 7.6.1 First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Beneficiary or any receiver~ 7.6.2 Second, to pay all other Secured Obligations in any order and proportions as Beneficiary in Its sole discretion may choose; and 7.6.3 Third, to remit the remainder, if any, to the person or persons entitled to it. , Beneficiary shall have no liability for any funds that it does not actually receive. 8. The Trustee. 8.1 Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ and consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers 'hereof and to perform any duty hereunder either directly or through his or her agents or attorneys, (iii) to select and employ, in and about the elq:cution of his or her duties hereunder. suitable accountants, engineers and other experts, agents and attorneys-in-facl, either corporate or individual, not regularly in the employ of Trustee (and Trustee shall not be answerable for any acl, default, negligence, or misconduct of any such accountant. engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad faith), and (iv) any and all other lawfut' action that Beneficiary may instruct Trustee to take to protect or enforce BenefiCiary's rights hereunder. Trustee shall nOi be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Premises for debts contracted for or liability or damages incurred in the management or operation of the Premises. Trustee shall have the right to rely on any instrument, document, or signature authorizing Or supporting any action taken or proposed to be taken by Trustee hereunder. believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trustee in tbe performance of Trustee's duties hereunder and to reasonable compensation for such of Trustee's services hereunder as shall be rendered. Grantor will, from tinte to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and e<penses which may be incurred by Trustee in the performance of Trustee's dutieS. 8.2 Retention of Money. All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, and shall be segregated from any other moneys of Trustee. Deed Of Trust -FINAL Page 17 20070119001615.;; : 8.3 Successor Trustees. Trustee may resign by the gIVIng of notice of such resignation in writing to Beneficiary. If Trustee shall die. resign or become disqualified from acting in the execution of this trus~ or if, for any reason, Beneficiary, in Beneficiary's sole discretion and with or without cause, shall prefer to appoint a substitute trustee or mUltiple substitute trustees, Or successive substitute trustees or successive multiple substitute trustees, to act instead of the aforenamed Trustee, Beneficiary shall have full power to appoint a substitute trustee (or, if preferred, multiple substitute trustees) in succession who shall succeed (and if multiple substitute trustees are appointed, each of such multiple substitute trustees shall succeed) to all the estates, rights, powers and duties of the aforenamed Trustee. Such appointment may be executed by any authorized agent of Beneficiary, and if such Beneficiary be a corporation and such appointment be executed on its behalf by any officer of such corporation, such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the board of directors or any superior officer of the corporation. Grantor hereby ratifies and confirms any and all acts which the aforenamed Trustee, or his or her successor or successors in this trust, shall do lawfully by virtue hereof. If multiple. substitute trustees are appointed, each of such multiple substitute trustees shall be empowered and authorized to act alone without the necessity of the joinder of the other multiple substitute trustees, whenever any action or undertaking of such substitute trustees is requested or required under or pursuant to this Deed of Trust or applicable law. Any prior election to act jointly or severally shall not prevent either or both of such multiple substitute Trustees from subsequently executing. jointly or severally, any or all of the provisions hereof. 8.4 Perfection of Appointment. Should any deed, conveyance, or instrument of any nature be required from Grantor by any Trustee or substitute Trustee to more fully and certainly vest in and confirm to Trustee or substitute Trustee such estates, rights, powers, and duties, then, upon request by Trustee or substitute trustee, any and all such deeds. conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded andlor filed by Grantor. 8.5 Succession lWltruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its, his or her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Beneficiary or of the substitute trustee. the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee. upon the trusts herein expressed, all the estates, properties. rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in such Trustee's place. 8.6' No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed. or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary. D~ed ofTnrSI-FINAL Page 18 20070119001615.;; ; 9. Miscellaneous Provisions. 9.1 Additional Provisions. The Loan Documents fully state all of the terms and conditions of the parties' agreement regarding tlie matters mentioned In or incidental to this Deed of Trust. The Loan Documents also grant further rights to Beneficiary and contain further agreements and affirmative and negative covenants by Grantor which apply to this Deed of Trust and to the Property. 9.2 No Waiver or Cure. 9.2.1 Each waiver by Beneficiary must be in writing. and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary to take action on account of any default of Grantor. Consent by Beneficiary to any act or omission by Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Beneficiary's consent to be obtained in any future or other instance. 9.2.2 If any of the events described below occurs, !hat event alone shall not: cure or waive any breach, Event of Default or notice of default under this Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Deed of Trust; or prejudice Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this Deed of Trust; or be construed as an affirmation by Beneficiary of any tenancy, lease or option, or a subordination of the lien of this Deed of Trust. (a) Trustee or Beneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 7.3.3. (b) Beneficiary collects and applies Rents as permitted under Sections 2.3 and 7.6 above, either with or without taking possession of all or any part of the Property. (c) Beneficiary or Trustee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies. condemnation awards. or other claims, property or rights assigned to Beneficiary under Section 5.5 above. (d) Beneficiary makes a site visit, observes the Property andlor conducts tests as permitted under Section 5.12 above. (e) Beneficiary or Trustee receives any sums under this Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations. (f) Beneficiary, Trustee or any receiver invokes any right or remedy provided under this Deed of Trust. De~d (JjTrHSI-FINAL Page 19 2007011900161!; .-,; 9.3 Powers of Benelidary. 9.3.1 If Beneficiary performs any act that it is empowered or authorized to perform under this Deed of Trust, including any act permitted by Section 5.7 or Subsection 7.3.4 of this Deed of Trust, that act alone shall not release or change the personal liability of any person for the payment and performance .. of the Secured Obligations then outstanding, or the lieI! of this Deed of Trost oil all or the remainder of the Property for full payment and performance of all outstanding Secured Obligations. The liability of the original Grantor shall not be released or changed if Beneficiary grants any successor in interest to Grantor any extension of time for payment, or modification of the terms of payment, of any Secured Obligation. Beneficiary shall not be required to comply with any demand by the original Grantor that Beneficiary refuse to grant such an extension or modification to, or commence proceedings against, any such successor in interest. 9.3.2 Beneficiary may take any of the actions permitted under Subsections 7.3.2 andlor 7.3.3 regardless of the adequacy of the security for the Secured Obligations, or whether any or aU of the Secured Obligations have been declared to be immediately due and payable, or whether notice of default and election to sell bas been given under this Deed of Trust. 9.3.3 From time to time, Beneficiary may apply to any court of competent jurisdiction for aid and direction in executing and enforcing the rights and remedies created under this Deed of Trust. Beneficiary may from time to time obtain orders or decrees directing, confirming or approving acts in executing and enforcing these rights and remedies. 9.4 Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in or any other lien on the Property unless Beneficiary consents to a merger in writing. 9.5 Joint and Several Liability. If Gmntor consists of more than one person, each shall be jointly and severally liable for the faithful performance of all of Grantor's obligations under this Deed of Trust. 9.6 Applicable Law. The creation, perfection and enforcement of the lien of this Deed of Trust shall be governed by the laws of the State in which the property is located. Subject to the foregoing. in all other respects, this Deed of Trust shall be governed by the substantive laws of the State of Washington. 9.7 Successors In Interest. The terms, covenants and conditions of this Deed of Trust shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. However, this Section 9.7 does not waive the provisions of Section 7.1 above. 9.8 Interpretation. 9.8.1 Whenever the context requires, all words used in the singular will be construed to have been used in the plural, and vice versa, and each gender will include any other gender. The captions of the sections of this Deed of Trost are for convenience only and do not define or limit any terms or provisions. The word "include(s)" means D«4 ofT"", -FINAL Page 20 2007011900161/i ,i; "include(s), without limitation," and the word "including" means "including, but not limited to." 9.8.2 The word "obligations" is used in its broadest and most comprehensive sense, and includes all primary, secondary, direct, indirect, fixed and contingent obligations. It further includes all principal, interest, prepayment charges, late charges, loan fees and any other fees and charges accruing or assessed at any time, as well as all obligations to perform aCls or satisfy conditions. 9.8.3 No lisling of specific instances, items or matters in any way limits the scope or generality of any language of this Deed of Trust. The Exhibits to this Deed of Trust are hereby incorporated in this Deed of Trust. 9.9 In·House Counsel Fees. Whenever Grantor is obligated to payor reimburse Beneficiary for any attorneys' fees, those fees shall include the allocated costs for services of in-house counse\. 9.10 Waiver of Statutory Rights, To the extent permitted by law, Grantor hereby agrees that it shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so-called "Moratorium Laws," now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trus~ but hereby waives the benefit of such laws. Grantor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshaled upon any foreclosure of Ihe lien hereof and agrees Ihat any court having jurisdiction to foreclose such lien may order the Property sold as an entirely. Grantor hereby waives any and all rights of redemption from sale under any judgment of foreclosure of this Deed of Trust on behalf of Granlor and on behalf of each and every person acquiring any interest in or title to the Property of any nature whatsoever, subsequent to the date of this Deed of Trust The foregoing waiver of right of redemption is made pursuanl to the provisions of applicable law. 9.11 SeverabUity. If any provision of this Deed of Trust should be held unenforceable or void, that provision shall be deemed severable from the remaining provisions and shall in no way affect the validity of this Deed of Trust excepl that if such provision relates to the payment of any monetary sum, then Beneficiary may, at its option, declare all Secured Obligations immediately due and payable. 9.12 Notices. Any notice, demand, request or other communication that any party hereto may be required or may desire to give hereunder shall be in writing and shall be deemed to have been properly given when made as provided in the Loan Agreement. Any notice or demand delivered to the person or entity named thereunder to accept notices and demands for Grantor shall constitute notice or demand duly delivered to Grantor, even if delivery is refused. 9.13 Beneficiary's Lien for Service Charge and Expenses. At all times, regardless of whether any Loan proceeds have been disbursed, this Deed of Trust secures (in addition to any Loan proceeds disbursed from time to time) the payment of any and all loan commissions, service charges, liquidated damages, expenses and advances due to or incurred by Beneficiary not to exceed the maximum amount secured hereby. Deed o/TruJl-FtNAL Pagt 21 20070119001611; .-.;.. 9.14 Interest Rate Agreements. For purposes hereof, all obligations of Grantor to Beneficiary under all Interest Rate Agreements and any indebtedness or obligation contained therein or evidenced thereby shall be considered an obligation of Grantor secured hereby. 9.15 WAIVER OF TRIAL BY JURY. GRANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING IN ANY WAY IN CONNECTION WITH THIS DEED OF TRUST, THE NOTE, OR ANY OF THE OTHER LOAN DOCUMENTS, THE LOAN OR ANY OTHER STATEMENTS OR ACTIONS OF GRANTOR OR BENEFICIARY. GRANTOR ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED IN THE SIGNING OF THIS DEED OF TRUST AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS DISCUSSED THIS WAIVER WITH SUCH LEGAL COUNSEL. GRANTOR FURTHER ACKNOWLEDGES THAT (i) IT HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER, (ii)THlS WAIVER IS A MATERIAL INDUCEMENT FOR BENEFICIARY TO MAKE THE LOAN, ENTER INTO THIS DEED OF TRUST AND EACH OF THE OTHER LOAN DOCUMENTS, AND (iii) THIS WAIVER SHALL BE EFFECTIVE AS TO EACH OF SUCH OTHER LOAN DOCUMENTS AS IF FULLY INCORPORATED THEREIN. 9.16 Inconsistencies. In the event of any inconsistency between this Deed of Trust and the Loan Agreement, the terms hereof shall be controlling as necessary to create, preserve andlor maintain a valid security interest upon the Property, otherwise the provisions of the Loan Agreement shall be controlling. 9.17 UCC Financing Statements. Grantor hereby authorizes Beneficiary to file uee financing statements to perfect Beneficiary's security interest in any part of the Property. In addition, Grantor agrees to sign any and all other documents that Beneficiary deems necessary in its sale discretion to perfect, protect, and continue Beneficiary's lien and security interest in the Property. 9.18 Reserves. 9.18.1 If required by Beneficiary, Grantor shall, at the time of making each monthly payment under the Note, deposit with Beneficiary a sum, as estimated by Beneficiary, equal to (i) the taxes and special assessments next due on the Property, and (ii) the premiums that will next become due on insurance policies as may be required under this Deed of Trust, less all sums already deposited therefor, divided by the number of months to elapse before two (2) months prior to the date when such taxes, special assessments and premiums will become delinquent. Beneficiary may require Grantor to deposit with Beneficiary, in advance, such other sums for other taxes, assessments, premiums, charges and impositions in connection with Grantor or the Property as Beneficiary reasonably deems necessary to protect Beneficiary's interesrs ("Other Impositions',). Such sums for Other Impositions shall be deposited in a lump sum or in periodic installments, at Beneficiary's option. If required by Beneficiary, Grantor shall promptly deliver to Beneficiary all bills and notices with respect to any taxes, assessments, premiums and Other ImpOSitions. Unless Grantor and BenefICiary otherwise agree in writing, Beneficiary shall not be required to pay Grantor any interest, earnings or profits on any sums deposited with Beneficiary. All sums deposited with Deed o/TrHst-FINAL Page 22 ,-------------------------------------------------------------------------------------------------- 20070119001611; ,-,/ Beneficiary under this Section 9.18 are hereby pledged as security for the Secured Obligations. 9.18.2 All such deposited sums shall be held by Beneficiary and applied in such order as Beneficiary elects to pay such taxes, assessments, premiums and Other Impositions or, upon any Event of Default, may be applied in whole or in part, to the Secured Obligations. The arrangement provided for in this Section 9.18 is solely for the added protection of Beneficiary and entails no responsibility on Beneficiary's part beyond the allowing of due credit, without interest, for the sums actually received by it. Upon any assignment of this Deed of Trust by Beneficiary, any funds on hand shall be turned over to the assignee and any responsibility of Beneficiary with respect thereto shall terminate. Each Transfer of the Property shall automatically transfer to the transferee all rights of Grantor with respect to any funds deposited hereunder. Upon payment in full of the Secured Obligations, Beneficiary shall promptly refund to Grantor the remaining balance of any deposits then held by Beneficiary. 9.18.3 If the total deposits held by Beneficiary exceed the amount deemed necessary by Beneficiary to provide for the payment of such taxes, assessments, premiums and Other Impositions, such excess shall, provided there is no Event of Default or any event which would constitute an Event of Default if not cured within the time allowed, be credited by Beneficiary on the next due installment or installments of such deposits. If at any time the total deposits held by Beneficiary are less than the amount deemed necessary by Beneficiary to provide for the payment of such taxes, assessments, premiums and Other Impositions. Grantor shall promptly deposit the deficiency with Beneficiary after receipt of written demand from Beneficiary. 9.18.4 Notwithstanding the foregoing, Beneficiary shall not require the payment of reserves as provided in this Section until a delinquency occurs in the payment of such taxes, assessments, premiums or Other Impositions, or until the occurrence of an Event of Default. 9.19 Certain Matters Relating to Property Located in the State of Washington. With respect to the Property that is located in the State ofW,shington, notwithstanding anything contained herein to the contrary: 9.19.1 Grantor represents and warrants to Beneficiary that (a) the Property is not used principally for agricultural purposes, and (b) the loan secured by this Deed of Trust was not made primarily for personal, family or household purposes. 9.19.2 At Beneficiary's option, any written notice of default given to Grantor under this Deed of Trust or the other Loan Documents may be given in the form of a statutory notice of default under the Washington Deed of Trust Act. 9.19.3 If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the purchaser may during any redemption period allowed, make such repairs or alterations on the Property as may be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid together with interest thereon from the time of such expenditure at Default Rate shall be added to and become a part of the amount required to be paid for redemption from such sale. DI!~d a/Trust -FINAL Page 23 20070119001615.~: 9.19.4 Beneficiary shall 'have the right at its option to foreclose this Deed of Trust subject to the rights of any tenant or tenants of the Property, 9.19.5 Notwithstanding anything to the contrary set forth herein or any of the Loan Documents, this Deed of Trust shall not secure the following obligations (the "Unsecured Obligations"): (a) any obligations evidenced by or arising under the Environmental Indemnity, and (b) any other obligations in this Deed of Trust or in any of the other Loan Documents to the extent that such other obligations relate specifically to the presence on the Property of Hazardous Materials and are the same or have the same effect as any of the obligations evidenced by or arising under the Environmental Indemnity. Any breach or default with respect to the Unsecured Obligations shall constitute an Event of Default hereunder, notwithstanding the fact that such Unsecured Obligations are not secured by this Deed of Trust, Nothing in this Section shall impair or limit Beneficiary's right to obtain a judgment in accordance with applicable law after foreclosure for any defICiency in recovery of all obligations that are secured by this Deed of Trust following foreclosure, 9.19.6 To the extent the Washington Deed of Trust Act, as now existing or hereafter amended, or other statute requires that the "fair market value" or "fair value" of the Property be determined as of the foreclosure date in order to enforce a deficiency against Borrower or any other party liable for repayment of the Secured Obligations, the term "fair market value" or "fair value" shall include those matters required by law and the additional factors set forth below: (i) The Property shall be valued "as is" and "with all faults" and there shall be no assumption of restoration or refurbishment of Improvements. if any, after the date of the foreclosure. (ill An offset to the fair market value or fair value of the Property, as determined hereunder, shan be made by deducting from such value the reasonable estimated closing costs related to the sale of the Property, including but not limited to brokerage coriunissions, title policy expenses, tax pro-rations, escrow fees, and other common charges that are incurred by the sener of real property. Borrower shall pay the costs of any appraisals and other expenses incurred in connection with any such determination of fair market value or fair value, " lk~d o/TrUSI-FINAL Page 24 NOTICE RE ORAL AGREEMENTS. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 2007011900161!; f,,·· IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first above written. GRANTOR: GILROY FAMILY (BELLEFIELD) LLC, a Washington :~ Name: Richard A Oilro Title: Managing Me:: STATE OF WASFnNGTON 55. COUNTY OF KING On this day personally appeared before me ,t.J&i>.Jl.o!li..-l.L..~LUD~---:--:-:=-:-::-:::,..,. to me known to be the .t:l,i=~~·d~n~ro:t.e.<C~ ____ _ (BELLEFIELD) LLC •• Wasil gton limited liability company. the limited liability company th.t executed the foregoing instrumen~ and acknowledged such Instrument to be the free and voluntary act and deed of such Ilmited liability company, for the uses and purposes thaein mentioned, and on oath stated that b9 . was duly authorized to execute such instrument. GIVEN UNDER My HAND AND OFFICIAL SEAL thiS~ day of January, 2007. -, - Deed ofTrusl-Loan No. 3113810672 FINAL NOTARY PUBLIC in and for the Stt:: of Washington, residing at Soan"" /Idr"'",, I c,) /\, My Commission Expires Po .09-Q tr Signature Page EXHIBIT A DESCRIPTION OF PREMISES The legal description of the Land Is: PARCEL A: 2oo7011900161!; ,-" .. That portion of the West half of the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 4, Township 24 North, Range 5 East, W.M., in King County, Washington, lying Easterly of 188th Avenue Southwest, also known as Factoria Wilburton Road. and lying Westerly of Primary State Highway No. t. as conveyed to the State of Washington by deed recorded under Recording No. 4901422; EXCEPT that pOrtion thereof taken by the State of Washington by Judgment and Decree entered in King County Superior Court Cause No. 739555. dated March 3, 1972. PARCELB: Lots I and 2. inclusive. of City of Renton Short Plat No. LUA-02-065-SHPL, entitled: Stor- House Self Storage and Office Short Plat. aocording to Plat recorded December 17. 2002 under Recording No. 20021217900004. in King County. Washington. . PARCELC: A non-exclusive easement for ingress and egress as delineated on City of Renton Short Plat No. LUA-02-065-SHPL. entitled: Stor-House Self Storage and Office Short Plat. according to Plat recorded December 17, 2002 under Recording No. 20021217900004. in King County, Washington. lkedofTrwt-F1NAL Exhibit A This document prepared by; After recording return to: Key Bank National Association Real Estate Capital Client Services 601 -108th Ave. N.B .• Floor 3 P.O. Box 90027 Bellevue, W A 98009-9027 Attn: Terry Neuman 20070119001616.;;;; .,r"-• f" KeyBank -IRST AMERICAN..]]Slg'l . o-a Grantor: Grantee: Ot/~'iO ASSIGNMENT OF LEASES AND RENTS (Project Commonly Known as '~eJlevue Land Acquisition ') GILROY FAMILY (BELLEFIELD) LLC. a Washington limited liability company KEYBANK NATIONAL ASSOCIATION, a national banking aSSOCiation Legal Description (abbreviated): Section 4, Township 24 N .• Range 5 E., SE Quarter, SW Quarter. NW Quarter. together with Lots 1·2. City of Renton Short Plat LUA-02-065-SHPL. Re<. 20021217900004 Ii1I Additional on : EXHIBIT A • 042405-9010·02 Assessor s Tax Parcel m #: 162305-9142-00 162305-9143-09 Reference Nos. of Documents Released or Assigned: ...::N~/A:!... ___________ .....J THIS ASSIGNMENT OF LEASES AND RENTS (this "Assignment,,) made as of the 19"day of January, 2007, is by GILROY FAMILY (BELLEFJELD) LLC. a Washington limited liability company ('\<lssignor") whose address is 1714 Bellevue Way NE. Bellevue, W A 98004, in favor of KEYBANK NATIONAL ASSOCIATION, its successors and assigns, ("Assignee") whose address is clo 1675 Broadway, Suite 400, Denver, Colorado 80202, Attention: Senior Manager, CREClient Services. Mail Code: CO-02-WT-0401_ RECITALS A. On or about the date hereof. Assignor and Assignee entered into that certain Loan Agreement ("Loan Agreement'') whereby Lender agreed to make a secured loan (the "Loan '') to Borrower in the maximum aggregate amount not to exceed the sum of Three Million Seven Hundred Fifty Thousand Dollars ($3.750,000). to finance the acquisition of land in the City of pagel 2007011900161 ~ . .:,,-,_ Bellevue, County of King, State of Washington (the "BeUepue Property''). The Bellevue Property, together with the land located in the City of Renton, County of King, State of Washington described in Exhibit A attached hereto and made a part hereof are referred to herein, collectively, as the "Property". Capitalized tenns used and not otherwise defined herein shall have the meanings given to them in the Loan Agreement. B. In connection with the Loan, Assignor has executed and deIivered a promissory note (the "Note,,) In favor of Assignee of even date herewith in the amount of the Loan, payment of which is secured by (i) a Deed of Trust made by Assignor in favor of Assignee on the Property, and (ii) the other Loan Documents. C. Assignor is desirous of further Securing to Assignee the performance of the terms, covenants and agreements hereof and of the Note, the Deed of TnlSt and the Loan Documents. AGREEMENTS NOW, THEREFORE, in consideration of the making of the Loan evidenced by the Note by Assignee to Assignor and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ASSignor does hereby irrevocably, absolutely and unconditionally transfer, sel~ assign, pledge and convey to Assignee. its suocessors and assigns, all of the right, title and interest of Assignor in and to: (a) any and all leases, licenses, rental agreements and occupancy agreements of whatever form now or hereafter affecting all or any part of the Property and any and all guarantees, extensions, renewals, replacements and modifications thereof (collectively, the ''Leases''); and (b) all issues, profits, security or other deposits, revenues, royalties, accounts, rights, benefits and income of every nature of and from the Property, including, without limitation, minimum rents, additional rents, termination payments, bankruptcy claims, forfeited security deposits, damages following default and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability due to destruction or damage to the Property, together with the immediate and continuing right to collect and receive the same, whether now due or hereafter becoming due, and together with all rights and claims of any kind that Assignor may have against any Tenant, lessee or licensee under the Leases or against any other occupant of the Property (collectively, the "Rents'~. TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns. IT IS AGREED that, notwithstanding that this instrument is a presen~ absolute and executed assignment of the Rents and of the Leases and a presen~ absolute and executed grant of the powers herein granted to Assignee, Assignor is hereby permitted, at the sufferance of Assignee and at its discretion, and is hereby granted a license by Assignee, to retain possession of the Leases and to collect and retain the Rents unless and until there shall be an "Event of Default" (as defined herein) under the terms of this Assignment or any of the other Loan Documents. Upon an Event of Default, the aforementioned license granted to Assignor shall automaticaUy terminate without notice to Assignor, and ASSignee may thereafter, without taking possession of A.ssiK/lm~nl of LtaSt3 and Rtllu FINAL page 2 20070119001616 .. : .. :· the Property, take possession of the Leases and collect the Rents. Further. from and after such termination, Assignor shall be the agent of Assignee in collection of the Rents, and any Rents so collected by Assignor shall be held in trust by Assignor for the sole and exclusive benefit of Assignee and Assignor shall, within one (I) business day after receipt of any Rents, pay the same to Assignee to be applied by Assignee as hereinafter set forth. Furthermore, from and after such Event of Default and termination of the aforementioned license, Assignee shall have the right and authority, without any notice whatsoever to Assignor and without regard to the adequacy of the security therefor, to: (a) make application to a court of competent jurisdiction for appointment of a receiver for all or any part of the Property, as particularly set forth in the Deed of Trust; (b) manage and operate the Property, with full power to employ agents to manage the same; (c) demand, collect, receive and sue for the Rents, including those past due and unpaid; and (d) do all acts relating to such management of the Property, including, but not limited to, negotiation of new Leases, making adjustments of existing Leases, contracting and paying for repairs and replacements to the Improvements and to the fixtures, equipment and personal property located in the Improvements or used in any way in the operation, use and occupancy of the Property as in the sole subjective judgment and discretion of Assignee may be necessary to maintain the same in a tenantable condition, purchasing and paying for such additional furniture and equipment as in the sole subjective judgment of Assignee may be necessary to maintain a proper rental income from the Property, employing necessary managers and other employees, purchasing fue~ providing utilities and paying for all other expenses incurred in the operation of the Property, maintaining adequate insurance coverage over hazards customarily insured against and paying the premiums therefor. Assignee shall apply the Rents received by Assignor from the Property, after deducting the costs of collection thereof, including, without limitation, attorneys' fees and a management fee for any management agent so employed, against amounts expended for repairs, upkeep, maintenance, service, fuel, utilities, taxes, assessments, insurance premiums and such other expenses as Assignee incurs in connection with the operation of the Property and against interest, principal, required escrow deposits and other sums which have or which may become due, from time to time, under the terms of the Loan Documents, in such order or priority as to any of the items so mentioned as Assignee, in its sale subjective discretion, may determine. The exercise by Assignee of the rights granted Assignee in this paragraph. and the collection of, the Rents and the application thereof as herein provided, shall not be considered a waiver by Assignee of any Event of Default under the Loan Documents or prevent foreclosure of any liens on the Property nor shall such exercise make Assignee liable under any of the Leases, Assignee hereby expressly reserving all of its rights and privileges under the Deed of Trust and the other Loan Documents as fully as though this Assignment had not been entered into. Without limiting the rights granted hereinabove, in the event Assignor shall fail to make any payment or to perform any act required under the terms hereof and such failure shall not be cured within any applicable grace or cure period, then Assignee may, but shall not be obligated to, without prior notice to or demand on Assignor, and without releasing Assignor from any obligation hereof, make or perform the same in such manner and to such extent as Assignee may deem necessary to protect the security hereof, including specifically, without limitation, appearing in and defending any action or proceeding purporting to affect the security hereof or the rights or powers of Assignee, performing or discharging any obligation, covenant or agreement of Assignor under any of the Leases, and, in exercising any of such powers, paying all necessary costs and expenses, employing counsel and incurring and paying attorneys' fees. Any sum advanced or paid by Assignee for any such purpose, including, without limitation, attorneys' fees, togetber with interest thereon at the Default Rate from the date paid or advanced by Au-ign-me,a of Ltases and Rl!nfJ FINAL page 3 20070119001616.:: Assignee until repaid by Assignor, shall immediately be due and payable to Assignee by Assignor on demand and sball be secured by the Deed of Trust and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. IT IS FURTHER AGREED that this Assignment is made upon the following terms, covenants and conditions: I. This Assignment shall not operate to place responsibility for the control, care, management or repair of the Property upon Assignee, nor for the performance of any of the terms and conditions of any of the Leases, nor sball it operate to make Assignee responsible or liable for any waste committed on the Property by any Tenant or any other party or for any dangerous or defective condition of the Property or for any negligence in the management, upkeep, repair or control of the Property. Assignee shall not be liable for any loss sustained by Assignor resulting from Assignee's failure to let the Property or from any other act or omission of Assignee in managing the Property. Assignor shall and does hereby indemnify and hold Assignee harmless from and against any and all liability, loss, claim, demand or damage which mayor might be incurred by reason of this Assignment, including, without limitation, claims or demands for security deposits from Tenants deposited with Assignor, and from and against any and all claims and demands wbatsoever which may be asserted against Assignee by reason of any alleged obligations or undertakings on its part to perform or discbarge any of the terms, covenants or agreements contained in any of the Leases. Should Assignee incur any liability by reaSon of this Assignment or in defense of any claim or demand for loss or damage as provided above, the amount thereof, including, without limitation, costs, expenses and attorneys' fees, together with interest thereof at the Default Rate from the date paid or incurred by Assignee until repaid by Assignor, shall be immediately due and payable to Assignee by Assignor upon demand and sball be secured by the Deed of Trust and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. 2. This Assignment shall not be construed as making Assignee a mortgagee in possession. 3. Assignee is obligated to aecount to Assignor only for such Rents as are actually collected or received by Assignee. 4. Assignor hereby further presently and absolutely assigns to Assignee SUbject io the terms and provisions of this Assignment: <a) any award or other payment which. Assignor may hereafter become entitled to receive with respect to any of the Leases as a result of or pursuant to any bankruptcy, insolvency or reorganization or similar proceedings involving any Tenant under such Leases; and (b) any and all payments made by or on behalf of any Tenant of any part of the Property in lieu of Rent. Assignor hereby irrevocably appoints Assignee as its attorney-in-fact to appear in any such proceeding and to collect any such award or payment, which power of attorney is coupled with an interest by virtue of this Assignment and is irrevocable so long as any sums are outstanding under the loan evidenced by the Note. All awards or payments so collected sball be applied to the indebtedness secured hereby in such order as Assignee shall elect. A,ssiglltmfll of Lt!(J.'f!~ emd RetUJ FINAL page 4 20070119001611[:.':::.,· 5. Assignor represents, warrants and covenants to and for the benefit of Assignee: (a) that Assignor nOw is (or with respect to any Leases not yet in existence, will be immediately upon the execution thereof) the absolute owner of the landlord's interest in the Leases, with full right and title to assign the same and the Rents due or to become due thereunder; (b) that, other than this Assignment and any assignment to Assignee pursuant to the Deed of Trust there are no outstanding assignments of the Leases or Rents; (c) that no Rents have been anticipated, discounted, released, waived, compromised or otherwise discharged except for prepayment of rent of not more than one (1) month prior to the accrual thereof; (d) that there are no material defaults now existing under any of the Leases by the landlord or any Tenant, and there exists no state of facts which, with the giving of notice OJ: lapse of time or both, would constitute a default under any of the Leases by the landlord or any Tenant, except as disclosed in writing to Assignee; (e) that Assignor has and shall duly and punctually observe and perform all covenants, conditions and agreements in the Leases on the part of the landlord to be observed and performed thereunder; and (f) the Leases are in full force and effect and are the valid and binding obligations of Assignor, and, to the knowledge of Assignor, are the valid and binding obligations of each Tenant thereto. 6. Assignor covenants and agrees that Assignor shall, at its sole cost and expense, appear in and defend any action or proceeding arising under, growing out of, or in any manner connected with the Leases or the obligations, duties or liabitities of the landlord or any Tenant thereunder, and shall pay on demand all costs and expenses, including, without limitation, attorneys' fees, which Assignee may incur in connection with Assignee'S appearance, voluntary or otherwise, in any such action or proceeding, together with interest thereon at the Default Rate from the date incurred by Assignee until repaid by Assignor. 7. At any time, Assignee may, at its option, notify any Tenant or other parties of the existence of this Assignment. Assignor does hereby specifically authorize, instruct and direct each and every present and future tenan~ lessee and licensee of the whole or any part of the Property to pay all unpaid and future Rents to Assignee upon receipt of demand from Assignee to so pay the same and Assignor hereby agrees that each such present and future Tenant, lessee and . licensee may rely upon such written demand from Assignee to so pay said Rents without any inquiry into whether there exists an Event of Default hereunder or under the other Loan Documents or whether Assignee is otherwise entitled to said Rents. Assignor hereby waives any right, claim or demand which Assignor tuay now or hereafter have against any present or future tenant, lessee or licensee by reason of such payment of Rents to Assignee, and any such payment shall discharge such tenant's, lessee's or licensee's obligation to make such payment to Assignor. 8. Assignee tuay take or release any security for the indebtedness evidenced by the Note, may release any party primarily or secondarily liable for the indebtedness evidenced by the Note, may grant extensions, renewals or indu Igences with respect to the indebtedness evidenced by the Note and may apply any other security therefor held by it to the satisfaction of any indebtedness evidenced by the Note without prejudice to any of its rights hereunder. Asllgllmtlll of uaUJ and Relll$ FINAL page 5 20070119001616::··:·· 9. The acceptance of this Assignment and the collection of the Rems in the event Assignor's license is terminated, as referred to above, shall be without prejudice to Assignee. The rights of Assignee hereunder are cumulative and concurrent, may be pursued separately, successively or together and may be exercised as often as occasion therefor shall arise, it being agreed by Assignor that the exercise of anyone or more of the rights provided for herein shall not be construed as a waiver of any of the other rights or remedies of Assignee, at law or in equity or otherwise, so long as any obligation under the Loan Documents remains unsatisfied. 10. All rights of Assignee hereunder shall inure to the benefit of its successors and assigns, and all obligations of Assignor shall bind its successors and assigns and any subsequent owner of the Property. All rights of Assignee in, to and under this Assignment shall pass to and may be exercised by any assignee of such rights of Assignee. Assignor hereby agrees that if Assignee gives notice to Assignor of an assignment of said rights, upon such notice the liability of Assignor to the assignee of the Assignee shall be immediate and absolute. Assignor will not set up any claim against Assignee or any intervening assignee as a defense, counterclaim or setoff to any action brought by Assignee or any intervening assignee for any amounts due hereunder or for possession of or the exercise of rights with respect to the Leases or the Rents. II. It shall be an "Event of Default" hereunder (a) if any representation or warranty made herein by Assignor is determined by Assignee to have been false or miSleading in any material respect at the time made, or (b) upon any failure by Assignor in the performance or observance of any other covenant or condition hereof and the continuance of such failure for thirty (30) days after written notice thereof from Assignee to Assignor; provided, however, that If such failure is susceptible of cure but cannot reasonably be accomplished within said thirty (30) day period, then Assignor shall have an additional Sixty (60) day period to cure such failure and no Event of Default shall be deemed to exist hereunder so long as Assignor commences such cure within the initial thirty (30) day period and diligently and in good faith pursues such cure to completion within such resulting ninety (90) day period from the date of Assignee's notice. Any such default not so cured shall be an "Event of Default" under each of the other Loan Documents, entitling Assignee to exercise any or all rights and remedies available to Assignee under the terms hereof or of any or an of the other Loan Documents, and any Event of Default under the other Loan Documents, or any default under any other Loan Document which is not cured within any applicable grace or cure period, shall be deemed an Event of Default hereunder subject to no grace or cure period, entitling Assignee to exercise any or all rights provided for herein. 12. Failure by Assignee to exercise any right which it may have hereunder shall not be deemed a waiver thereof unless so agreed in writing by Assignee, and the waiver by Assignee of any default hereunder shall not constitute a continuing waiver or a waiver of any other default or of the same default on any future occasion. No collection by Assignee of any Rents pursuant to this Assignment shall constitute or result in a waiver of any default then existing hereunder or under any of the other Loan Documents. 13. If any provision under this Assignment or the application thereof to any entity, person or circumstance shall be invalid, illegal·or unenforceable to any extent, the remainder of this Assignment and the application of the provisions hereof to other entities, persons or circumstances shall not be affected thereby and shall be enforced to the fullest extent permitted bylaw. Anignmtmt (lJ 1.4U3¢3 'Illd Rents FINAL page 6 20070119001611;::": 14. This Assignment may not be amended. modified or otherwise changed except by a written instrument dnly executed by Assignor and Assignee. IS. This ASSignment shall be in full force and effect continuously from the date hereof to and until the payment, discharge, and performance of any and all indebtedness and obligations evidenced by the Note or secured or guaranteed by any of the Loan Documents. and the release of the Deed of Trust sbaH. for all purposes. automaticaily terminate this Assignment and render this Assignment null and void and of.no effect whatsoever. 16. [n case of a conflict between any provision of this Assignment and any provision of the other Loan Documents. the provision selected by Assignee in its sole subjective discretion shall prevail and be controlling. . 17. All notices. demands. requests or other communications to be sent by one party to the other hereunder or required by law shall be given and become effective as provided in the Loan Agreement. 18. The creation. perfection and enforcement of the lien of this Assignment shall be governed by the laW§ of the State in which the property is located. Subject to the foregoing. in all other respects, this Assignment shall be governed by the substantive laws of the State of Washington. 19. This Assignment may be executed in any number of counterparts, each of which shall be effective only upon delivery and thereafter shall be deemed an original. and all of which shaH be taken to be one and the same instrument. for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Assignment may be detached from any counterpart of this Assignment without impairing tbe lega I effect of any s ign.lUres thereon and may be attached to another counterpart of this Assignment identical in form hereto but having attached to it one or more additional signature pages. 20. [n addition to. but not in lieu of. any other rights hereunder. Assignee shall have the right to institute suit and obtain a protective or mandatory injunction against Assignor to prevent a breach or default, or to reinforce the observance, of the agreements. covenants. terms and conditions contained herein. as well as the right to damages occasioned by any breach or default by Assignor. 21. Assignor hereby covenants and agrees that Assignee shall be entitled to all of the rights, remedies and benefits avail.ble by statute, at law, in equity or as a matter of practice for the enforcement and perfection of the intents and purposes hereof. Assignee shall. as a matter of absolute righ~ be entitled. upon application to a court of applicable jurisdiction, and without notice to Assignor, to the appointment of a receiver to obtain and secure the rights of Assignee hereunder and the benefits intended to be provided to Assignee hereunder. and Assignor hereby consents to such appointment. 22. Notwithstanding anything contained herein to the contrary. the following prOVisions supplement the provisions of this Assignment with respect to the Assignment of Leases and Rents: AuiglllnClti"/ Leases and &lIts FINAL page 7 ------------------------------ NOTICE RE ORAL AGREEMENTS. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 2007011900161~.:: IN WITNESS WHEREOF, Assignor bas executed this Assignment under seal as of the day and year first above written. . ASSIGNOR: GILROY FAMILY (BELLEFlELD) LLC, a Washington limited liability company ~:~::~ro~A.~G~i1~ro~·y~~~~~------- Title: Managing Member STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me +.J..ll,~!:>.!:&...--t:.~.l.:lW(1;lJ4,;;-::::-:-c::-:-=:-:-: to me known to be the' of G (BELLEFIELD) LLC, a Wash gton imited liability company, the limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that b. was duly authorized to execute such instrument. GIVEN UNDER My HAND AND OFFICIAL SEAL this i /f '111 day of January, 2007. NOtary Putlllc Slale 01 -*'Ilion IERliSA A .NEUMAN - ,f,fy AppoInImem EJCI)Ir,et' 08c 9. 2008 A$$lgnntent oj Least$ and Rem: FINAL Loan No. 31138L0672 ~JJ1tA:nz;:;-~ NOTARY PUBLIC in and for the State of Washington, residing at S...,.,m ",.,..."',,,6, £,) (l. My Commission Expires !.i2 ~ 0 '1-0 8'" Signature Page --------------- 2oo7011900161IL··:· EXHIBIT A LEGAL DESCRIPTION The legal description of the Land is: PARCEL A: That portion of the West half of the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 4, Township 24 North, Range 5 East, W.M., in King County, Washington, lying Easterly of 188th Avenue Southwest, also known as Factoria Wilburton Road, and lying Westerly of Primary State Highway No. I, as conveyed to the State of WaShington by deed recorded under Recording No. 4901422; EXCEPT that portion thereof taken by the State of Washington by Judgment and Decree entered in King County Superior Court Cause No. 739555, dated March 3, 1972. PARCELB: Lots 1 and 2, inclusive, of City of Renton Short Plat No. LUA-02-065-SHPL, entitled: S[or- House Self Storage and Office Short Plat, according to Plat recorded December 17, 2002 under Recording No. 20021217900004, in King County, Washington. PARCELC: A non-exclusive easement for ingress and egress as delineated on City of Renton Short Plat No. LUA-02-065-SHPL, entitled: Star-House Self Storage and Office Short Plat, according to Plat recorded December 17, 2002 under Recording No. 20021217900004, in King County, Washington. ASJigMltnr of uases o,Jd 1U1It.f FINAL ExhibitA ,..-------------------------- I 1 1 1 1 1 1 I· " 1 1 I 1 I I 1 I I I 1 , Renton , STaR-HOUSE SELF STORAGE PHASE 3 TRAFFIC IMPACT ANALYSIS . JTE,lnc. , JAKE TRAFFIC .' ENGINEERING, INC. Prepared for Mr. Patrick J. Gilroy'. STOR-HOUSE SELF STORA~E 1520 140th Ave. NE, Suite 200 Bellevue, WA 98005 June 8,2007 Mark J. Jacobs, PE, PTOE, President 77318th Ave. SW -Seattle, WA 98106 -2007 , Tel. 206.762.1978; Cell. 206.799.5692 Email -jaketraffic@comcast.net I I I I 1 I I I 1 1 I I· I 1 1 1 I I I J11. . jake T rallic Engineering, Inc. . Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE 1520 140lh Ave. NE, Suite 200 8ellevue, WA 98005 Re: Stor-House Self Storage Phase 3 -Renton Traffic Impact Analysis Dear Mr. Gilroy; Mark j. jacobs, PE, PTOE President 77JI 8. Ave IW -leattle, WA 98106 -2007 Tel. 206.762.1978 -Cell 206.799.5692 E-mail jaketraffic@comcaslnet June 8, 2007 We are pleased to submit this Traffic Impact Analysis for the proposed Stor-House Self Storage Phase III Project in Renton. The proposed project is located at 2829 NE 3,d Street. The project site is currently developed with 108,353 sq. ft. of self storage space. The proposed project would develop Phase III of the self storage facility which is to add 34,098 sq. ft. of self storage space. Access to the site is via two existing driveways on Northeast 3'd Street. The west driveway is to be emergency access only. This report is prepared following the City of Renton's "Policy Guidelines for Traffic Impact Analysis of New Development" (attached in the appendix). City requested that the analysis be conducted analyzing the project under full build (existing and proposed development). Thus the basis of this report is based on 142,451 sq. ft. of self storage place (108,353 sq. ft. existing + 34,098 sq. ft. proposed). Information regarding traffic volumes on NE 3,d St./site access/apartment access to the north was obtained to review queuing capacity in the two way left turn lane between the apartment access to the north and the existing east site access to the Stor-House Self Storage facility. We have conducted a field review of the site and surrounding street system. The general format of this report is to describe the proposed project, identify existing traffic conditions (baseline), project future traffic conditions and identify Agency street/road improvements (future baseline), calculate the traffic that would be generated by the project and then add it to the future baseline traffic volumes. Operational analyses are used to determine the specific project traffic impact and appropriate traffic mitigation measures to reduce the impact. Additionally Agency traffic impact fees are addressed in this report. The summary, conclusions and recommendations are on page eight of this report. PROJECT INFORMATION Figure 1 is a vicinity map showing the location of the proposed site and surrounding street network. I I I I I I I I I I I I I I I I I I I Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8. 2007 Page -2- JTE,lnc. Figure 2 shows a preliminary site plan prepared by Moore Design Associates dated May 25. 2007. The site plan consists of the 34.098 total sq. ft. Stor-House Self Storage Phase III to be developed in six buildings. In addition parking for 10 vehicles is provided and internal circulation is shown. Access to the site is via two driveways off of NE 3,d St. with the west access being for emergency purposes. Full development and occupancy of the proposed Stor-House Self Storage Project is anticipated to occur by 2008/2009. presuming the permits are issued in a timely manner. However. to ensure a conservative analysis 2012 has been used as the horizon year. EXISTING ENVIRONMENT Project Site The project site is presently developed with 108.353 sq. ft. of self storage space. The proposed development would add an additional 34.098 sq. ft. of self storage space. Street System Figure 3 shows the existing traffic control. number of street lanes. number of approach lanes at the intersections and other pertinent information. The primary streets within the study area and their classifications per the City of Renton Comprehensive Plan are as follOWS: ~ NE 3,d St. ~ NE 4th St. ~ Edmonds Ave. NE Traffic Volumes Principal Arterial Principal Arterial Collector Figure 4 shows the existing PM peak hour traffic volumes for the site access/NE 3,d St. and apartment site access (to the north)/NE 3,d St. intersections. Traffic Count Consultants. Inc .• a firm specializing in the collection of traffic data. collected the existing PM peak hour turning movement counts (TMC) on the date and time shown in Figure 4. The count data sheets are attached in the appendix. Transit Services We reviewed Metro Transit website (www.transit.metrokc.gov) for bus services in the vicinity of the proposed project. No bus routes are identified to provide service along NE 3,d Street. The closest bus route is route #105 which provides service at the NE 4th St./Union Ave. NE intersection. Additional information on this route can be found on the Metro Transit website. Intersection Operations Traffic engineers have developed criteria for intersection operations called level of service (LOS). The LOS's are A to F with A and B being very good and E and F being more congested. I I I I I I I I I I I I I I I I I I I JTE, Inc. Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8,2007 Page -3- LOS C and D correlate to busy traffic conditions with some restrictions to the ability to choose travel speed, change lanes and the general convenience comfort and safety. The procedures in the Transportation Research Board Highway Capacity Manual, 2000 were used to calculate the level of service at the study intersections. The following table depicts the LOS and corresponding average delay in seconds at signalized and stop control intersections: Intersection Level of Service Type A B C D E Signalized <10 >10 and >20 and >35 and >55 and <20 <35 <55 <80 Stop Control <10 >10 and >15 and >25 and >35 and <15 <25 <35 <50 LOS Criteria Conversation with City of Renton staff identified that no LOS standards is set in the City of Renton. However, the desired LOS is LOS 'D' with the acknowledgement that a number of intersections in the City are fully developed that do not lend themselves to further improvements. LOS Analysis Software The LOS of the study intersections were calculated using the Highway Capacity Software (HCS) 2000 by McTrans (stop control) software program, Accident History Field review of the site and study intersections did not reveal any apparent accident problems. STREET IMPROVEMENT PROJECTS F >80 >50 We have reviewed the City of Renton's web site at (www.rentonwa.gov)fora listing of City street improvement projects. The data on-line provides the "Six Year Transportation Improvement Program 2007 -2012" links for street improvement projects in the City of Renton. One project is identified for improvements in the site vicinity. This project is the NE 3,d StreeVNE 4th Street Corridor Improvements (TIP #4). Project is to provide complementary improvements to improve traffic operations (aka re-channelization and traffic signal modifications) along the corridor. The estimated cost of this project is $10,200,000. I I I I I I I I I I I I I I I I I I I Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8,2007 Page -4- JTE, Inc. HORIZON YEAR CONDITIONS ·WITHOUT" THE PROJECT Figure 5 shows the projected 2012 PM peak hour traffic volumes "without" the project. These volumes include the existing traffic volume counts plus background growth. A growth factor of four percent per year was applied based on the City of Renton Traffic Flow Map for 2002 and 2004 at NE 3 rd St. before the Jefferson Ave. NE intersection. The actual growth factor at NE 3 rd St. before the Jefferson Ave. NE intersection was calculated at -3.9% per year. Utilizing a four percent per year growth factor ensures a conservative analysis. TRIP GENERATION AND DISTRIBUTION Definitions A vehicle trip is defined as a single or one direction vehicle movement with either the origin or destination (existing or entering) inside the proposed development. Traffic generated by development projects consists of the following types: Pass-By Trips: Diverted Link Trips: Captured Trips: Primary (New) Trips: Trip Generation Trips made as intermediate stops on the way from an origin to a primary trip destination. Trips attracted from the traffic volume on roadways within the vicinity of the generator but require a diversion from that roadway to another roadway to gain access to the site. Site trips shared by more than one land use in a multi-use development. Trips made for the specific purpose of using the services of the project. The project site is currently developed with 108,353 sq. ft. of self storage space. The proposed development is to add 34,098 sq. ft. of self storage space. The City requested that analysis be conducted cumulatively, thus for analysis purposes 140,353 sq. ft. of self storage space was used as the basis of this report. The proposed Stor-House Self Storage Project is expected to generate the vehicular trips during the average weekday, street traffic AM and PM peak hours as shown in Table 2. The trip generation for the project is calculated using trip rates from the Institute of Transportation Engineers (ITE) Trip Generation, Seventh Edition, for Mini-Warehouse (lTE Land Use Codes 151). All site trips made by all vehicles for all purposes, including commuter, visitor, and service and delivery vehicle trips are included in the trip generation values. I I I I I I I I I I I I I I I Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8,2007 Page -5- JTE, Inc. Based on our analysis, the trips generated by the Stor-House Self Storage Project are calculated to be 37 trips during the PM peak hour; nine of them would be new do to the Phase III development. Traffic data was collected at the site access intersection for the existing Stor-House Self Storage facility. The existing count showed fewer trips generated during the PM peak than depicted using the rates contained in the ITE Trip Generation book; and is shown on Table 2. However for analysis purposes we have used the trips associated with the ITE Trip Generation as the basis of this report for traffic operational analysis. The City Traffic Mitigation Fee, discussed later in this report, is based on the new addition only. Trip Distribution Figure 6 shows the site generated traffic assigned to the street system. Trips to and from the site were distributed to the surrounding street network based on the characteristics of the street network, existing traffic volume patterns, the location of likely trip origins and destinations (residential, business, shopping, social and recreational opportunities) and previous traffic studies. HORIZON YEAR CONDITIONS "WITH" THE PROJECT Traffic Volumes Figure 7 shows the 2012 PM peak hour traffic volumes "with" the proposed project at the analysis and site access intersections. The site generated PM peak hour traffic volumes shown on Figure 6 were added to the projected background traffic volumes shown on Figure 5 to obtain the Figure 7 volumes. Level of Service at Site Access Access to the site is via two existing driveways off of Northeast 3,d Street. For analysis purposes we have assigned all project trips to use the east site access. The west site access is for emergency only. Thus shifting all project trips to the east access is appropriate. Table 1 shows the calculated LOS for the horizon year (2012) "with" and "without" project conditions at the site access intersection. Based on our analysis the east Site access intersection would continue to operate at LOS '0' or better for both "with" and "without" project conditions. In addition analysis was conducted at the apartment access intersection to the north to obtain left turn queuing. The LOS at the apartment access is also shown on Table 1. Site Access Sight Lines Good sight visibility exists at the site access onto Northeast 3,d Street. Below are pictures at the site access intersections onto Northeast 3,d Street. I I I I • I '. • • I I • I I I I I I I Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8,2007 Page -6- West Site Access (gated emergency only): East Site Access: Left Turn Analysis JTE, Inc. d •• q,,_r"''4 Left Turn Analysis was conducted to review the left turn movement into the proposed development in regards to spacing with the left turn movements into the apartment access to the north. The distance between the two accesses centerline to centerline is -145 feet. A two way left turn lane is used by the motorists for both the Stor-House Self Storage facility and the Apartment complex to the north. Based on the LOS calculations sheets both the Stor-House Self Storage access and apartment access to the north experience a left turn queuing of one car each. This results in -100 feet of space between each car (presuming each car has a length of 25 ft.). Both the Stor-House Self Storage and apartment complex to the north are not high generating facilities. Thus based on the left turn queue length and spacing available in the two way left turn lane there should be no conflict between the left turn movements. I I I I I I I I I I I I I I I I I I Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8,2007 Page -7- ON -SITE QUEUING ANALYSIS JTE, Inc. The location of the entry pad and gate need to be located a sufficient distance away from the NE 3,d St. travel way so that people entering the site have sufficient room to clear the Northeast 3,d Street. A queuing template was used in determining queuing; the template was obtained from City of Federal way for a similar analysis. Two items are needed to use the template traffic volume entering the site (that is 19 vehicles (round to 20) during the PM peak hour) and the time it takes to operate the entry pad. We understand that existing tenants using the facility (the majority of site traffic) would enter in a key code. The time to key in the code would be minimal to open the gate; say five to ten seconds. No one would enter the site without a code or be accompanied by a site manager. Guests and potential new clients would park in one of the 11 parking stalls and be escorted into the facility by the site manager. This would take more time; but would not be relevant because they simply would park there vehicle accordingly and then be escorted onto the site with the site manager in a Golf Cart. For discussion purposes these new Clients review a storage unit accompanied by a site manager and say they wait 30 to 45 seconds for the site attendant to get the Golf Cart and enter the access code (likely to be less than 10 seconds). Presuming 90% of the traffiC is people using the facility and 10% other new Clients we can conservatively estimate the average delay time for the gate operation at 13.5 seconds ((0.90 x 10 seconds x 20) + (0.10 x 45 x 20)/20). Ensure a conservative analysis use 15 seconds. Conducting a queuing analysis (see table Volume Lanes Green Time (N/A) Delay Average Queue using Red Average Queue using Delay Average Queue Queued Vehicles 0 1 2 3 4 5 .' ;:'c '. \""',·/20:' ... 1,·:.,,';\,,~!-;l1-':. ;:''''~1~ '~~~:;i!!!t~{!;~;,(~~~i&1: "~:r~(: 9J >,~j?tj'l1i-:j'\:~hi[';~;'}:;::' .~15,rO<li if··n ,t,. v ~'., "'<lh' ,.1........ _. .' 0.0000 0.0833 0.0833 Cumulative Probability 92.0044% 99.6715% 99.9909% 99.9998% 100.0000% 100.0000% to the right) for 20 entering vehicles with an average delay of 15 seconds using the queue template shows that that the probability of more than two vehicles queued at less 0.1%; most of the time (95%) no queuing would occur. The proposed entry pad (east Site access) is about 120' south of NE 3,d St, which provides queue storage for four vehicles. When coupled with 11 parking stalls, there is more than adequate space to ensure queued vehicles do not encroach into the NE 3,d St. traffiC stream. AGENCY TRAFFIC IMPACT MITIGATION REQUIREMENTS The City of Renton requires a traffic impact fee for new developments based on the number of new average daily trips generated. The current fee is $75.00 per new average daily trip. The proposed development is projected to generate 86 net new daily trips thus contribute I I I I I I I I I I I I I I I I I I I Mr. Patrick J. Gilroy STOR-HOUSE SELF STORAGE June 8, 2007 Page -8- JTE, Inc. $6,450 (86 net new daily trips x $75) towards the City of Renton's transportation improvement program. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS This report analyzed the traffic impact of the proposed Stor-House Self Storage Project located at 2829 NE 3 rd Street. Existing traffic data was collected at the site access and apartment access (to the north) intersections with Northeast 3 rd Street. Future horizon year traffic volumes were derived using a growth factor of four percent per year. Level of service analyses were performed for existing and projected future horizon traffic volumes. The evaluation of the traffic impact of the proposed project included adding project generated traffic to the future traffic volume projections and calculating the level of service. The "with" project traffic operations were then compared to the "without" project operations. The comparison of traffic operations "with" and "without" the project identified that the project would not cause a significant adverse affect on the operation of the study intersections. Additionally we reviewed on-site storage with regards to the security gate and determined sufficient storage and parking is provided. Based on our analysis we recommend that the Stor-House Self Storage Project be allowed with the following traffic impact mitigation measures. 1. Construct site in accordance with applicable City requirements. 2. Contribute towards the City of Renton traffic impact mitigation fee program. No other traffic mitigation should be necessary. Please contact me at (206) 762-1978 or el1)ail me at jaketraffic@comcast.net if you have any questions. M~J: cvv Sincerely, Mark J. Jacobs, PE, PTOE, President JAKE TRAFFIC ENGINEERING, INC I I I I I I • I I • :. I. I I I I I I I I JTE, Inc. PM PEAK HOUR lEVEL OF SERVICE TABLE 1 STOR-HOUSE SELF STORAGE -RENTON TRAFFIC IMPACT ANALYSIS INTERSECTION APPROACH EXISTING 2012 WIO 2012 WI PROJECT PROJECT NE 3"' St.; EBlT B (10.8) B (12.3) B (12.3) Apartment Access SB B(12.7) B (14.3) B (14.3) (to the North) NE 3'. St.; WBlT B (12.5) B (14.9) C (15.2) East Site Access 2 NB C (21.9) D (29.2) D (29.2) Number shown in parenthesis is the average control delay in seconds per vehicle for the intersection as a Whole or approach movement, which determines the LOS per the Highway Capacitv Manual. 2 • West Site Access is emergency access only I I I I I I I I I I I I I I I I I I I JTE. Inc. VEHICULAR TRIP GENERATION TABLE 2 STOR-HOUSE SELF STORAGE -RENTON TRAFFIC IMPACT ANALYSIS TIME TRIP TRIPS TRIPS TOTAL PERIOD RATE ENTERING EXITING Mini-Warehouse (ITE Land Use Code 151, 108,353 sq. ft.) -Existing Average Weekday T = 2.50X 135 (50%) 135 (50%) 270 AM Peak Hour T = 0.15X 9 (59%) 7 (41%) 16 T -0.26X 14(51%) 14 (49%) 28 PM peak Hour .... 'pei-'ifei<l' count·1 ···· ........ ··· .. 5· ........ ···· · ...... ··· .. '10··· .... ····· _ ..... ----. _. ---------_. --. Mini-Warehouse (ITE Land Use Code 151, 34,098 sq. ft.) -Proposed Average Weekday T= 2.50X 43 (50%) 43 (50%) AM Peak Hour T = 0.15X 3 (59%) 2 (41%) PM peak Hour T = 0.26X 5 (51%) 4 (49%) Total (Existing + Proposed) Average Weekday -175 175 AM Peak Hour -12 9 PM peak Hour -19 18 T = trips; X = number of units, per 1,000 square feet A vehicle trip is defined as a single or one direction vehicle movement with either the origin or destination (existing or entering) inside the study site. The above trip generation values account for all the site trips made by all vehicles for all purposes, including commuter, Visitor, recreation, and service and delivery vehicle trips 1 . per field count conducted Thursday May 17. 2007 15 86 5 9 350 21 37 ,--~~~~~~~~~~~~~~~--~~~~~~~---------------------------- I I I I I I I I I I I I I I I I I I I Project: Stor-House Self Storage Phase 111-Renton Location: 2829 NE 3,d Street JTE, Inc. FIGURE 1 NORTH STOR-HOUSE SELF STORAGE PHASE 111-RENTON TRAFFIC IMPACT ANALYSIS VICINITY MAP I I I I I I I I I I I I I I I I I I I Project: Stor-House Self Storage Phase 111-Renton Location: 2829 NE 3,d Street i I I' i I •• I i· I I !; (-...... ,-ii- , I :~-. . ~ Ji I; --'-;c'--~ I 'I~ Sa '1'1 lie; o i I i' ! ~ i , I i ~ ., -,. , i " : --j "j , I ............ .r • NORTH Note: An 8.5 x 11" preliminary site plan is included with this report JTE, Inc. FIGURE 2 STOR-HOUSE SELF STORAGE PHASE 111-RENTON TRAFFIC IMPACT ANALYSIS PRELIMINARY SITE PLAN I I I I I I I I I I I I I I I I I I I NV'd 3~IS '11M 'NO.LN:llI ':11\'11 PJ£ :IN 6Z8Z @ rt~-4-__ ~~·~ _________ ~4~~_ ( [(n' '-, I···· . ---: .' .. ; ;: ~ __ , .__ o. __ ~_. _. J i ~ I I , ' , ' ~ ,.- I I I u w z i m -----l , , I , , I ~ ,\ Ii 'I' I ~: ,I i ::j ! • I. !., II I I Ii ! ------------------- HIE, Imc. FIGURE 3 IRop,l;'tJnCOIOi-on;~l STOR-HOUSE SELF STORAGE PHASE III -RENTON TRAFFIC IMPACT ANALYSIS EXISTING STREET CONDITIONS t NORTH LEGEND Approach -Lane a Direction Driveway Q Approach ~Stop Control wlo slgnage TWLTL -Two Way Left Turn Lane Aerial Image obtained from King County IMap ------------------- JTIE, Inc. FIGURE 4 F{eprlnt In'.Colo'r onlY: STOR-HOUSE SELF STORAGE PHASE III -RENTON TRAFFIC IMPACT ANALYSIS EXISTING PM PEAK HOUR TRAFFIC VOLUMES t NORTH LEGEND PM Peak Hour -Traffic Voume a Direction Aerial Image obtained from King County IMap ------------------- JTE, Inc. FIGURE 5 1!i·prlnt~n·CfJl.cuonl~ STOR-HOUSE SELF STORAGE PHASE III -RENTON TRAFFIC IMPACT ANALYSIS t NORTH LEGEND PM Peak Hour .... Traffic Voume 8: Direction Aerial Image obtained from King County IMap PROJECTED 2012 PM PEAK HOUR TRAFFIC VOLUMES WIO PROJECT ------------------- nlE, Inc. FIGURE 6 -rc-eprfnt;"'n _Color O~lr Total (Including existing) PM Peak Hour Trips:· 37 Entering: 19 Exiting: 18 xx% distribution -enter/exit PM Peak Hour Trips '-, STOR-HOUSE SELF STORAGE PHASE III -RENTON TRAFFIC IMPACT ANALYSIS TRIP DISTRIBUTION -'. t NORTH LEGEND PM Peak Hour -Traffic Voume a Direction PM Peak Hour Trips are reflective of ITE data Aerial Image obtained from King County IMap ------------------- JTE, Inc. FIGURE 7 IR8 Prlnt',njco,o.'0,n"i STOR-HOUSE SELF STORAGE PHASE III -RENTON TRAFFIC IMPACT ANALYSIS t NORTH LEGEND PM Peak Hour -Traffic Voume a. Direction Turning movement at the stle access are reflective of ITE data. All proJect trips assigned to east access. Aerial Image obtained from King County IMap PROJECTED 2012 PM PEAK HOUR TRAFFIC VOLUMES WI PROJECT II 05/15/2007 TUE 15:43 FAX 4254307300 City of Renton D6/EDN6P 1ZI00 2 /004 II II II I I II I I I I I I I I II I I I '. ) pOLICY GUIDELINES FOR TRAFFIC IMPACT ANALYSIS OF NEW DEVELOPMENT ,0,'" _ .... 1. A traffic Impact analysis should be provided when estlmate~ vehicular traffic generated from a proposed development exceeds 100 vehicles per hour in either the AM (6:00 -9:00) or PH (3:00 -6:00) peak periods. A peak hour volume of 100 vehicles per hour would relate to a daily volume of approximately 1,000 vehicles per day. 2. The developer shall select a registered professional engineer with adequate experience in transportation planning and traffic engineer- ing. Upon request. the Public Works Department will offer potential candidates. 3. The analysis shall incorporate the following elements In the suggested format: A. Introduction B. The introduction should, in a narrative fashion with graphics where appropriate to enhance the text, describe the proposed development (Including proposed time frame), establish study area boundaries (study area should Include all roadways and intersections that would experience a 5% increase in peak hour traffic volumes as a result of the proposed development), describe existing and proposed land uses within the study area, and describe the existing transportation system to include transit routes, roadway and intersection conditions and configuration as well as currently proposed improvements. Site Generated Traffic Volumes The analysis should present a tabular summary of traffic generated from the proposed development listing each type of proposed land use, the units involved, trip generation rates used (to include total daily traffic, AM peak hour and PH peak hour) and resultant trip generation for the time periods listed. C. Site Generated Traffic pistribytion The distribution of site generated traffic should be presented by direction as a percentage of the total site generated traffic in a graphic format. The basis for the distribution should be appropriately defined. O. S1te Generated Traffic Assignment 1 A graphic presentation should be provided illustrating the allocation of site generated traffic to the existing street network. The presentation should Include Average Daily Traffic (AOT) and AM-PM peak hour directional volumes.5 well /, . --r1. "_ ~. ".' . .. !~ ------------------------------- I 05/15/2007 TUB 15:43 FAX 4254307300 City Of Renton DS/EDNSP !ZI003/004 I . I. I I I I I I I I 1 ,- I 1-- '" .\\J: . . ", as turning movements at all intersections, driveways and road- ways within the study area. E. EXisting and projected Horizon year Traffic Volumes With and Withgut the Proposed Development 2 The report should Include graphics which Illustrate existing traffic volumes as well as forecasted volumes for the horizon . ~ year of the proposed development. Or If the development Is ~ multi-phased. forecasted volumes shouid be projected for the horiZon year of each phase. The site generated traffic should then be added to the horizon year background traffic to provide a composite of horizon year traffic conditions. F. Condition Analysis Based upon the horizon year traffic forecasts with the proposed development, a capacity analysis should be conducted at all Intersections (including driveways within the study .-._ area). Based upon this analysis. a determination should be made as to the ability of the existing facilities to handle the proposed development. The developer Is expected to main-~ taln with their development the same level of service that ~ would be antiCipated In the horizon year if the site were not developed. (Unless the horizon year service level Is at C or above.) The capacity analysis technique may include any of the commonly accepted methods. , . An analysis should be made of the proposed project in light of safety. Accident histories In close proximity to the site should be evaluated to determine the impact of proposed drive- ways and turning movements on existing problems. G. Mitigating Measures Based upon the results of the analysis In step F, If It is determined that specific roadway improvements are necessary to insure that horizon year levels of service without the project are maintained. the analysis should determine What improve- ments are needed. If the developer can reduce vehicular traffic by means of promoting transit and rldesharing useage, these methods are acceptable. Any proposed traffic signals should be documented with an appropriate warrant analysis of conditions in the horizon year with the development. Traffic signals should not be contem- plated unless they meet warrants as prescribed in the Federal Highways "Manual on Uniform Traffic Control Devices." Proposed traffiC signals which are 1n close prOXimity to other signals shall provide coordination programs to compliment the system. . -,,"!','\' II 05/15/2007 TUB 15.43 FAX 4254307300 City of Ronton DS/BDNS> II I I I I I I I I II I I I I I I I I '. ) Any modifications necessary to insure safe and efficient circulation around the proposed site should be noted. H. Conclusions 4/14/88 A:OIO This section should serve as an executive summary for the report. It should specifically define the problems related directly to the proposed developments and the improvements necessary to accommodate the development in a safe and effi- cient manner. A draft report shall be presented to the Public Works Director so that a review might be made of study dates, sources, methods and findings. The Director will then provide in writing all comments to the developer. The developer will then make all . necessary changes prior to submitting the final report. Traffic impact analys.is studies are valid for specific .~ projects and should be modified if applicant increases land use density by more than 15% or there is no previous study less than two years old. --. 1ll004/004 3 .... ".;.'!. '.' , <': I I I I I I I I I I I I I I I I I I I f' "1-: Time Endina at 4:15 P 4:30P 4:45P 5:00P 5:15 P 5:30 P 5:45P 6:00P 6:15 P 6:30 P 6:45P 7:00P s~';:y Total %HV PHF [ PEDs IIcross: INT 01 INT02 INT03 INT 04 INT 05 INT 06 INT 07 INT 06 INT 09 INT 10 INT 11 lNT 12 . ~ '" .... "1 JAKE TRAFFIC ENGINEERING, INC. Prepared for. Traffic Count Consultants, Inc. Phone: (425) 861-8866 FAX: (425) 861-8877 E-Mail: TC2inc@aol.com WBE/DBE Apartment Driveway I Storage Driveway @ NE 3rd 5t Date of Count: Thurs 5-17-07 Renton Checked By: JP From North on (58) F';t:':'~Uth on (N8) FromN~;: ~~t"B) F,omN~% ~(EBj '~'::~' S R S R 5 R L 5 R 0 1 0 2 0' O. .0 0 8 0 271 .0, : 7 2 315 3 50. 0 0 0 0 0 1 0 2 6 0 m ;-10 0 343 0 625 0 0 0 2 1 1 0 1 4 ~ 257 0 4 2 338 2 60. 0 0 0 0 2 3 0 1 7 2 269 1 5 2 334 0 612 0_ 0 0 1 0 1 0 0 6 -0 272 '1 ~ ;-341 0 617 0 0 0 1 0 0 0 0 4 0 245 0 :3 i 356 0 603 0 0 0 0 0 0 0 0 10 0 302 1 :3 i 309 1 614 0 0 0 1 0 1 0 1 5 (, 236 0 -. 0 356 2 597 ..Q. -~ CL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- ..Q. 0_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- 0 1 0 7 3 7 0 5 50 3 2130 4 41 9 2692 8 4866 Peak Ho"" 4: 15 PM to 5:15PM o 1 0 1 0 1 3 3 1 6 1 0 1 4 23 1 3 1 1076 1 3 24 1 5 1 1356 1 2 2458 3 10 1082 1363 2458 ". 30.0% ~% 1.8% 2.0% 0.38 0.63 0.97 0.99 0.98 I ~p." \ II \ .' I 3 I GJ i_q.JBike NE3rd St 3 0 0 J f j 0 jPed NE 3rd St • .,. ................ ' x ~ ~ :.~q:! +-fW8,l _. , 1 24421 . 0; "" 3 \ 2448\ 1 .s. t:t Bike ~ ~ -+ 4:15 PM to 5:15 PM I .. Ped ~ 1 , t JI N S E W Ped [.::::::9.::::.::::1 • 1 0 1 4 .j. i i 0 Bike: ___ p ___ ..: PIIF %HV \ . ••• •• ___ 0 •••• i " .. 0 EB 10.99' 1.8% , I I W WB '0.97 , 21% 0 , Check .. ~ . .-. "-,- . ! 0 In: 2458 NB 0.631 30.0% -... ~. -_ ... -' \ IS I S8 0.381 nlS , 0 Out: 2458 • '. + .• , 1 0.9R 1 2.0% ... ~, ... . Bicycles From: N S e W .. . ; .t ....... 0 0 'NT 01 : 0 Special Notes: .. + ,+_."-< --.. -.,,~, . "'. -" .... ~ ...... .... -... J i 0 'NT 02 ... ....... I .. ···•· .. • .. • 0 The Stor-House was on the south side . ,-'""-,. >'" -I.. . . ,.~. 0 'NT 03 I ...• --.. 0 ofNE 3rd St, the Apts on the north 'r'" J-. ... i .. I 0 INT 04 .. --....... , ..... -, . .. , -. I .. •• .... 0 A gas station driveway to the cast of i 0 INT 05 0 the study site was very busy .... , .. . ... ... _ .......... 1\ 0\ 0\ 0 1 INT 06 ~V .... ...... .... . ..... 0 A Maintenance Yard dwy wlo the INT 07 0 study site was sparsely used. 1'--"": ... INT 08 I 0 0 0 0 0 0 I I I I I I I I I I I I I I I I I I I Two-Way Stop Control Page I of I TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Chris Valdez Intersection IfJSA13 Agency/Co. JTE, INC Jurisdiction lRenton Date Performed 0512212007 Analysis Year existing Analysis Time Period pm peak Project Description Stor-House Selfr Storage (AA3EX East/West Street: NE 3rd St. North/South Street: Apartment Access Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adiustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume 5 1360 0 0 1079 3 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 5 1431 0 0 1135 3 Percent Heavy Vehicles 0 --0 -- Median Type Two Way Left Tum Lane RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 0 0 3 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 0 0 0 3 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration LTR Delay. Queue Length and Level of Service APproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR ~ (vph) 5 3 C (m) (vph) 621 470 ~/c 0.01 0.01 95% queue length 0.02 0.02 Control Delay 10.8 12.7 LOS B B !Approach Delay ----12.7 !Approach LOS --B Copyright 0 2000 University of Florida. All Rights Reserved @ Version4.1c h !,.·/lr ·1f)"l'lIm"nt< ~nli S"tti np~\Owner\Local Settings\ T emp\u2k 15 .tmp 05/22/2007 I I I I I I I I I I I I I I I I I I I Two-Way Stop Control TWO-WAY STOP CONTROL SUMMARY pate ''''t~ Chris IJTE, INC '?nn7 .TIme )~od om peak . -# ,Selfr t Stre~t: NE Ird ,t. ~ . ,Year INSA13 Iwithot Page 1 of 1 I ~ East-West ~ ,Street: ~vperiod~~F~025~ ____________ ~ l!. ' Vo'''''''''' and Adj, ~Street , Factor._PHF Hourly Flow Rate, HFR • Heavy Y' Type I Signal =Street 1 L 5 0.95 5 a 1 L 7 L a .J'H£. 0.95 Flow Rate. HFR a , Heavy Vehicles a Grade (%) RT I a , I .. n"'~ and Level 01 1655 0.95 1742 - 2 T a 8 T a 0.95 a a a N a a EB WB "c'" 1 4 Lane \"on "".tinn L v (vph) 5 C (m) (vphl 500 vic 0.01 95% queue length 0.03 \"unuul Delay 12.3 ,LOS B [.lelay, -- LOS --- 3 4 R L a a 0.95 0.95 a a - a Two Way Left Tum Lane 7 a a 9 R a 0.95 a a a a 8 10 L a 0.95 o a a 9 HCS2000™ Copyright 0 2000 University of Flonda, All Rights Reserved ~ 5 T 1315 0.95 1384 - 11 T a 0.95 -6 a a N a 1 LTR 6 R 3 0.95 3 - a o TR 12 -R 3 0.95 "3 a a --0 "'n, ,thhn' ,n" 10 11 12 LTR 3 390 0.01 0.02 14.3 B 14.3 B VersIon 4.lc 05/22/2007 I I I I I I I I I I I I I I I I I I I Two-Way Stop Control TWO-WAY STOP CONTROL SUMMARY Date Time Period Chris JTE, INC If pm peak . , Selfr I Street: ~ 3rd Sf. I ( on: East-vvesr Volumes and A . . Street H "HF I-Inl "Iv Flow Rate. HFR : Heavy Type RT i ~n .. ~ Ir '"Mn" PHF 1-1"""" Flow Rate, HFR Heavy 1 L 5 0.95 5 o 1 L 7 L o 0.95 o o o I .. nnth, and Level of und 2 T 1658 0.95 1745 -- 2 T o T o o N o o EB WB 1 4 Lane r., L v (vph) 5 C (m) (vph) 500 vic 0.01 95% gueue~ngt~ 0.03 Delay 12.3 LOS B Delay -- -- ;ite ._"'_ft Ju i I· Year I Street: 3tudy Period Thrs): 0.25 3 4 R L o 0 0.95 0.95 o 0 -0 Two Way L ft Turn Lane 7 o o 0 9 10 R L o 0 0.950.95 00 o 0 o o o und 8 9 Copyright 0 2000 University of Florida, All Rights Reserved (j) filp·l/r·\n,,~"mpnt< "nti S"ttinp~\Owner\Local Senin!!s\Temp\u2k 15.lmp Iwith 5 T 1315 0.95 1384 - 2 T o 1 T o 0.95 o o Page 1 of 1 6 R 3 0.95 3 -- o o TR 12 R 3 0.95 3 o o 1 0 LTR 10 11 12 LTR 3 390 0.01 -0.02 14.3 B 14.3 Version4.1c 05/22/2007 I I I I I I I I I I I I I I I I I I I Two-Way Stop Control Page I of I TWO-WAY STOP CONTROL SUMMARY Chris Valdez ~ ~~""'T;SA73~===;t IIDate l!Analysis Time Period ~. uTE. INc.; In1;/??/?007 ~mDeak Selfr . . Street: N£ 3rd SI. ~~====~====~ Site. 1 I L IVnlllmA 0 PHF 0.95 . Flow Rate. HFR 0 . Heavy' () Type RTC I Lanes 0 Signal 7 L Vnl"mA 6 . Factor. PHF 0.95 r Flow Rate, HFR 6 : Heavy i 1-6 : Grade (%) I A, iRTI.. I I "nco 1 L n .. I"" , I Ann" and Level of. .•. 2 T 1361 0.95 1432 - 2 T o 8 T o 0.95 o o o N o o nf'f" va~" EB WB 1 4 Lane von uration L v (vph) 3 C (m) (vph) 480 vic 0.01 95% queue length 0.02 vumrul Delay 12.5 LOS B Delay -- LOS --- Studv ~(hrs): 0.25 3 4 R L 2 3 0.95 0.95 2 3 -0 Two Way Left Turn ~e 0- o 1 TR L 9 R 4 ([§5 7 L "6 172 0.03 0.11 4 o 10 L Q 0.95 o o o 8 9 21.9 C R 4 377 0.01 0.03 14.7 HCS200U™ Copyright © 2000 University of Florida, All Rights Reserved (fJ filp·IIC·\OI'I(,lIm"nt. "nn Settin!!s\Owner\Local Settings\Temp\u2klAE.trnp 5 T 1079 0.95 1135 - 2 T o 11 T o 0.95 o o o N o und 6 R o 0.95 o - o o 12 R o 0.95 o o o o 0 C:n, ,'hhn, ,nn 10 11 12 Version 4.lc 05/3012007 I I I I I I I I I I I I I I I I I I I Two-Way Stop Control Page I of I TWO-WAY STOP CONTROL SUMMARY Chris JTE, INC late Time Period pm peak I Street: NE 3rd :/ I Con: Vol limA'" and A . Street 1 I/nl"m.. ( , Selfr Factor, PHF O. ~S ~n, . Flow Rate, HFR 0 . Heavy 0 Type IRT i _anes 0 '''''inn I Signal . Street 7 L 6 '" :"~'M,l'HF 0.9S In, "I" Flow Rate, HFR 6 Heavy' 0 Grade (%) IRT I "nno 1 .... omiguration L I .. nnt~ , and Level of EB Lane (" ,Ii, ''''1n v (vph) .... (m) (vph) 95% queue length I. Delay LOS Delay ~OS 1 - -- 2 T 16SS 0.9S 1742 -- 2 T o 8 T o 0.9S o o o N o o WB 4 L 3 36S 0.01 0.02 14.9 B -- -- ~', nati~on~~==;\ = ISAl3 JUI I , Year ""f] S reet: Site~~~o;;~ IStudy Period firs): 0.25 3 4 R L 23 0.9S 0.9S 2 3 --0 Two Wav L ,ft Turn Lane o o 1 TR L 9 R 4 0.9S 4 o o 10 l.. o 0.9S o o 1 0 R 7 8 9 L R 6 4 118 298 O.OS 0.01 0.16 0.04 37.1 17§ E C 29.2 o 5 T 1I1S ( 9S 1 184 -- 2 T o 6 R o 0.95 o -- o o 11 12 T R o 0 0.9S 0.9S o 0 o 0 o N o o o 0 C:n"'hhn'lUd 10 11 12 HCS2000™ Copyright © 2000 University of Florida, All Rights Reserved Version4.1c 0> "lo·/Ir·\nn~Hmpnt. 0",1 ""tt;no.l()wnp,rll.ocal Settin!!s\Temo\u2klAB.trno 05/30/2007 I I I I I I I I I I I I I I I I I I I Two-Way Stop Control TWO-WAY STOP CONTROL SUMMARY ~ ."tinn Site ,-.. ~- Chris ~n JTE, INC lJu i pate If ' Year Time Period om oeak i , Selfr t Street: NE 3rd S ,uth Street: Site ~ ~period (hrs): 0.25 Unlllm .... and A . Street 1 3 4 L R L 0 1655 11 8 '" ,PHF 0.95 0.95 0.95 0.95 I-In, "Iv .flow Rat~ HFR 0 1742 11 8 , Heavy 0 --0 Type Two Way Left Turn Lane IRT '-0 "n". 0 2 0 1 i '" T TR L Signal 0 ~Street 7 8 9 10 L T R L I 10 0 8 0 IJr , PHF 0.95 0.95 0.95 0.95 , Flow Rate, HFR 10 o ' 8 0 , Heavy' i I 0 0 0 0 'en""" Grade (%) 0 N 0 RT I 0 "n". 1 0 1 0 L R I Annth and Level of: EB WB "un"uuullu 1 4 7 8 9 Lane rnnfin, ""tinn L L R v (vph) 8 10 8 C (l11}Jvph) 362 117 296 vic 0.02 0.09 0.03 95% queue length 0.07 0.27 0.08 Delay 15.2 38.6 17.5 LOS C E C Delay --29.2 LOS --0 HCS2OfW™ Copyright 0 2000 University of Florida, All Rights Reserved m~·lIr·lnnrllmpnt. "nri ""ttinaoIOwnprIT .o"Rl Settin{!sITemnlu2kIA8.tmo Page I of I ISAl3 Iwith ,und 5 6 T R 1310 0 0.95 0.95 1378 0 -- 0 2 0 T 11 12 T R 0 0 0.95 0.95 (J 0 0 0 0 N 0 0 0 0 SOU·hh .. 10 11 12 Vcrsion4.lc 05/30/2007 I I I I I I I I I I I I I I I I I I I Amended 11127106 .--_ .... -. --~-. ~.-~--.--~-. I , i Figure 7-2 Traffic Flow Map (Jf) III-I 0 CITY OF RENTON 2002 TRAFFIC FLOW MAP I I I I I I I I I I I I I I I I I I I CITY OF RENTON 2004 TRAF'F'CFLOW MAP DEPARlYENT Of' PLANNING/9UIUlING/PUBUC WORKS 'lRANSPORTA 11QN S'I'S1!MS 0MS10N OPERAnONS SEC110N 0 •• httn:1 Irentonwa.l!ov luoloadedI mal!es/Li vinl!lPB PW ITRAN SPO Rlflowne.jpg Page I of I 05/22/2007 -- -- - ---- -- -- - -- ---QUEUES ~-1~ :~=-~-~=------=:---:=~==-----::------~-~:---------,---=-,---~=-=~-.~--~-----~ _~ __________ 11 100.0000% -----.---_. __ ----__ ._______ i-=------~ -----------;~ ;~~~~ ==----~-==.:-= ==~ ==..:== =---= =------=---=-=-=-===== ==~ =-------=.' ~ -.----.---I 1 -1 _____ 1 ___ =1 ____ 1 __ 1---' ---J----. I I I I I I I I I I I I I I I I I I I City of Renton NE 3rd -4th Corridor Improvements ,'UHAl) OP Ttll~ r.';R\'., You are here: Living ~ Print Friendly Version NE 3rd-4th Corridor Improvements The City of Renton Transportation Systems Division has completed the NE 3rd-4th Street Corridor Improvements Final Report. In order to establish City concurrence regarding the long-range transportation plan for this corridor established by this project, adoption of th~ project final report by the Renton City Council was requested by the Transportation Systems Division. On May 23, 2005, the Renton City Council held a public hearing on this report and then adopted the project final report. Purpose The purpose of the NE 3rd-4th Corridor Improvements Study was to develop a set of improvements and actions that addressed existing and future access and circulation needs of the project corridor. Recommendations The primary recommendations of the project final report are: • A "boulevard" concept • Intersection improvements • Center median • Bus pullouts • Improved Sidewalks • Bicycle facilities • Improved corridor aesthetics Implementation Due to the length and cost for complete implementation of the corridor improvements (estimated at $23.6 million), a phased (15+ years) prioritized implementation approach by the Transportation Systems Division is recommended, with funding to be pursued through the grant application process. Project Report http://rentonwa.gov/livingldefault.aspx?id=342 Page 1 on 0512112007 ,----------------------------------------------- I I I I I I I I I I I I I I I I I I I Renton ABE,\I) OV iU'! t:t;I1VF. You are here : ~Iylng :~oad~,~.ndT[ansportlit!on : Tra,nsPQrtli,ti<:!n?r.ojeQl; :t'1ultll)1Q.daLeroje4$ ~ Print Friendly Version NE 3rd Street/NE 4th Street Corridor Improvements -2007- 2012 TIP #4 Project Manager -~,e,itbJILOQ!~'y, 425.430.7318 Description -This corridor has a strong potential for transit usage and is experiencing rapid residential and retail growth, This project would make a series of key complementary Improvements to Improve traffic operations, such as rechannellzatlon and traffic signal modifications, The project will also address pedestrian, transit, and bicyclist needs, This work will follow the recommendations of the N~_3Ld/.1tt'-';;9rrid_QLS!~d.Y, adopted in May 2005, Schedule -Planning and design work on one Intersection may begin In 2007 and potentially be built In 2009, Project budget - A total of $10.2 million Is programmed through 2012, however, roughly $1.2 million Is funded at this time, http://rentonwa,gov/living/defaultaspx?id=8082 Page I of I OS/2112007 r-------------------------------------------------------------------- 1:1 I I I I I I I I I I I I I I I I I I City of Renton NE 3rd -4th Corridor Improvements The final project report is available online. Due to the size, we have separated the ; GtlAdob.· report into several sections. In order to view or print the report you must have Adobe i Reador' Acrobat Reader Version 6.0 installed on your machine. • e<!.I1J Table of Contents and Executive Summary • ~~rL2 Introduction • P-ilrt~ Recommendations • P-art'l Conceptual Layout • l'ar:LS Conceptual Layout (continued) • I'art§ Implementation and Frequently Asked Questions Public Hearing A public hearing before the Renton City Council regarding this project was held on May 23, 2005. The .pdf PIe.sentatioo is available here. Contact Information For information regarding the NE 3rd-4th Corridor Improvements project, contact: Keith Woolley Civil Engineer, Transportation Systems Division (425) 430-7318 cornrneOU.oSID Background • The project report was developed through an inter-department City design team, consultant team, administration review, and multipl~ public open houses. • The project was initiated and background data was gathered in late 2002, with the first open house on November 14, 2002. rr . . ~. .. ~-~"--;':~-~-; .::a: 1'\0_", .... ,:......... I "'_. __ ' ~ ... :. 1...... ~} j .... <~... , : h1!: . .a t ....... ,· ....... _,,'" .. ' ....... -~ -,~ .. ',,-. ~ .. ---.. . • A range of improvement alternatives was developed in spring 2003 with the second open house held on March 4, 2003. • The preferred alternatives and recommendations were developed through the fall of 2003, with the third open house held on June 18, 2003. • A Corridor Layout Plan, a 5% design level graphic presentation of specific improvement locations, was developed in 2004. • City staff and administration review of the project report occurred from late 2004 through spring 2005. http://rentonwa.gov/living/default.aspx?id=342 Page 2 of2 05/21/2007