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DELIVERING THE INFQR.N/tATION YOU NSF-ED-QUICKLY 77 or �. `.. ;• IV It i' ».r.� Tom. <<�` -''•ti'-`.i`' ':.+�"'' ��. - F S t A M E R r C FirstAmerican Title Vol 15 ozo 17 21 mm 12 -------------- -------------- ---------------------------- -------- T-R, a- ly . ...... ... 14(w IR 41 I. IiEN'TON FARM ACREAGE of 4,- - - - - - - - - - - - - - - ........ .. ... ..... .... . ........ A; 4= Z. 4- . . . . . . . . . . . . Wr r-AR VVOTI.KS AD5.' ........ .... A. KlqG Cr)LrN it OEWARTMFP47 .1 ASSESSMWTS FtE147ON FARM AC9LAGE - Li - CAR W-�s ID qk TDN c�n WORKS AtIn TO flENT?N; -ji L SW 08-23-05 Form No. 14 Subdivision Guarantee Guarantee No.: NCS-354674-WAI Issued by First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 Title Officer: Jeffrey Illman Phone: (206)728-0400 FAX.• (206)448-6348 FirstAmerican Title Insurance Company Form No. 14 Guarantee No.: MCS-354674-WAI Sutl& i ion Guarantee (4-10-75) Page No.: 1 s First American Title Insurance Company National Comrnercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 (206)728-0400 - (800)526-7544 FAX(206)448-6348 SUBDIVISION GUARANTEE LIABILITY $ 3,000.00 ORDER NO.: NCS-354674-WAl FEE $ 500.00 TAX $ 45.00 YOUR REF.: Boeing First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES WHPacifc herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: May 28, 2008 at 7:30 A.M. First American Title Insurance Company Form No. 34 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: The Boeing Company, a Delaware corporation Guarantee No.: NCS-354674-WAI Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: LOTS 5A, 513, 5C, 5D AND 5E, BOEING LAKESHORE LANDING 2, A BINDING SITE PLAN, RECORDED JANUARY 11, 2008 UNDER RECORDING NO. 20080111000854, IN VOLUME 246, PAGES 1 THROUGH 3, OF PLATS, IN KING COUNTY, WASHINGTON. APN: 088660-0050-88 (Old) APN: 088660-0050-05 (Old) APN: 088660-0190-06 (Old) APN: 088661-0010 (New) APN: 088661-0020 (New) APN: 088661-0030 (New) APN: 08B661-0040 (New) APN: 068661-0050 (New) First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. General Taxes for the year 2008. Tax Account No.: 088660-0050-98 Amount Billed: $ 250,213.54 Amount Paid: $ 125,106.77 Amount Due: $ 125,106.77 Assessed Land Value: 5 0.00 Assessed Improvement Value: $ 25,590,700.00 (Affects Building only) Affects: The land and other property. Guarantee No.: NCS-354674-WA1 Page No.; 3 2. Easement, including terms and provisions contained therein: Recording Information: April 23, 1942 under Recording No. 3235807 In Favor of; The Northern Pacific Railway Company, a Wisconsin corporation For: Spur Track Affects: as described therein 3. Easement, including terms and provisions contained therein: Recording Information: December 1, 1944 under Recording No. 3432120 In Favor of: United States of America, acting through the Federal Public Housing Authority For: Storm, sewer and sidewalk Affects: as described therein 4. Easement, including terms and provisions contained therein: Recording Information: December 1, 1944 under Recording No. 3432121 In Favor of: United States of America, acting through the Federal Public Housing Authority For: Storm, sewer and sidewalk Affects: as described therein S. Easement, including terms and provisions contained therein: Recording Information: December 1, 1944 under Recording No. 3432122 In Favor of: United States of America, acting through the Federal Public Housing Authority For: Water pipeline Affects: as described therein 6. Easement, including terms and provisions contained therein: Recording Information: June 6, 1962 under Recording No. 5436445 In Favor of: The Municipality of Metropolitan Seattle For: Underground sewer line Affects: as described therein First Arnerican Title Insurance Company Form No. 14 subdivision Guarantee (4-10-75) Guarantee No.: NCS-354674-WA1 Page No.: 4 7. Easement, including terms and provisions contained therein: Recording Information: July 16, 1962 under Recording No. 5453013 In Favor of: Municipality of Metropolitan Seattle, a municipal corporation of the State of Washington For: Sewer pipe lines system Affects: as described therein 8. Easement, including terms and provisions contained therein: Recording Information: December 8, 1967 under Recording No. 6276238 In Favor of: Puget Sound Power &Light Company For: Electric line, including all necessary poles, anchors, underground cables, conduits, manholes, wires and fixtures Affects: as described therein 9. Easement, including terms and provisions contained therein: Recording Information: November 29, 1973 under Recording No. 7311290292 In Favor of: Washington Natural Gas Company, a public utility corporation For: Gas pipeline Affects: as described therein 10. Easement, including terms and provisions contained therein: Recording Information: May 2, 1977 under Recording No. 7705020589 In Favor of: Washington Natural Gas Company, a public utility corporation For: Gas pipeline Affects: as described therein 11. Easement, including terms and provisions contained therein: Recording Information: August 17, 1977 under Recording No. 7708170733 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electric transmission and/or distribution system Affects: as described therein 12. Easement, including terms and provisions contained therein: Recording Information: October 3, 1977 under Recording No. 7710030507 In Favor of: The City of Renton, a municipal corporation For: Public utilities Affects: as described therein First American Title Insurance Company Form No_ 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-354674-WAI Page No.: 5 13. Easement, including terms and provisions contained therein: Recording Information: November 18, 1977 under Recording No. 7711180856 In Favor of: The City of Renton, a municipal corporation For: Public utilities Affects: as described therein 14. Easement, including terms and provisions contained therein: Recording Information: July 24, 1981 under Recording No. 8107240568 In Favor of: Puget Sound Power and Light Company, a Washington coporation For: Electric transmission and/or distribution lines Affects: as described therein 15. Easement, including terms and provisions contained therein: Recording Information: December 16, 1985 under Recording No. 8512160947 In Favor of: Puget Sound Power & light Company, a Washington corporation For: Electrical transmission and/or distribution lines Affects: as described therein 16. Easement, including terms and provisions contained therein: Recording Information: December 16, 1985 under Recording No. 8512160949 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electrical transmission and/or distribution lines Affects: as described therein 17. The terms and provisions contained in the document entitled Agreement and License for Fire Main Inter -Tie at North 8th St. and Park Avenue, executed by and between City of Renton, a municipal corporation and The Boeing Company by and through its division, Boeing Commercial Airplane Group, recorded May 23, 1991 as Instrument No. 9105231158 of Official Records. 18. Covenants, conditions, restrictions and/or easements: Recorded: March 18, 1997 Recording No.: 9703181422 Said instrument is a re-record of Recording No. 9612120855, recorded on December 12, 1996. 19. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 20. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117001354 First American Ttle Insurance Company Form No. 14 Guarantee No.: NCS-354674-WAI subdivision Guarantee (4-10-75) Page No.: 6 21. The terms and provisions contained in the document entitled "Development Agreement", executed by and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation, recorded August 2, 2002 as Instrument No. 20020802000224 of Official Records. 22. The terms and provisions contained in the document entitled "Development Agreement", executed by and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation, recorded December 10, 2003 as Instrument No. 20031210001637 of Official Records. 23. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Boeing Lakeshore Landing Binding Site Plan recorded December 23, 2004 under Recording No. 20041223000856 and also in Volume 225 of Plats, Pages 83 through 86, in King County, Washington. Document(s) declaring modifications thereof recorded March 14, 2007 as Recording No. 20070314001933 of Official Records. 24. Covenants, conditions, restrictions and/or easements: Recorded: December 28, 2004 Recording No.: 20041228001871 25. The terms and provisions contained in the document entitled "Strander Agreement", executed by and between The Boeing Company, a Deiaware corporation and City of Renton, a municipal corporation, recorded April 20, 2006 as Instrument No. 20060420001032 of Official Records. 26. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Boeing Lakeshore Landing 2 Binding Site Plan recorded January 11, 2008 under Recording No. 20080111000854, in King County, Washington. 27. Mechanics Lien. Claimant: Against: Amount: For: Date Work Commenced Date Work Ceased: Recorded: Recording No.: Straight Line Striping, Inc. Millennium Building Co. $4,221.70 Labor and/or Materials and/or Equipment October 1, 2007 October 18, 2007 January 11, 2008 20080111001220 Document(s) declaring modifications thereof recorded January 18, 2008 as Recording No. 20OB0118001094 of Official Records. Affects: The land and other property. First American Title Insurance Company Form No. 14 subdivision Guarantee (4-10-75) Guarantee No.: NCS-354674-WAI Page No.: 7 28. Matters that may be disclosed upon recordation of final subdivision. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10.7S) INFORMATIONAL NOTES A. General taxes for the year 2008 which have been paid. Tax Account No. 088660-0050-05 Amount: Assessed Land Value: Assessed Improvement Value: (Affects land only) Affects: $193,592.51 $19,793,100.00 $0.00 The land and other property. B. General taxes for the year 2008, which have been paid. Tax Account No.: 088660-0190-06 Amount: $22.02 Assessed Land Value: $1,000.00 Assessed Improvement Value: $0.00 Affects: The land and other property. Guarantee ND.: NC5-354674-WAL Page No,: 8 C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. D. If this preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only, it is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or po4icies to be issued. Fil-st A/nelTCan Title Insurance Company Form No. 14 Guarantee No.: NCS-354674-WAL Subdivision Guarantee (4-IG-75) Page No,: 9 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records, (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following. (a) Defects, liens, encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided, (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in 5dledule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Sdzedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) ^mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at pate of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. L Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding, 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the tide to the estate or interest as stated herein, or to establish the Gen rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (sub)ect to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage, Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All 'information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liabiiity of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 1415195) First American Title Insurance Company 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the Following additional options, (a) To Pay or Tender Payment of the Amount of Llabiiity or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any casts, reasonable attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise sette with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the optOR provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set Forth in this Guarantee and only to the extent herein desc ibed, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of, (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditians and Stipulations or as reduced under Section 9 of these Conditions and 5tipulatinns, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the al;eged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company, 4. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto, 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the daim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys fees to a prevailing party, Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the s'itus of the land shall appiy to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to'This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shag be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorizec signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required tr be furnished the Company shall include the number of this Guarantee and shall bt addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95 First American Title Insurance Company i M STLTt'ROBI wAAREXTI Dz= For Ten Dollars ($10-o0) and '>thc-7 good and valuable consideration, the receipt and sufficiency of which is hereby ackmowledged by Grantor, the Grantor, Parkside Partnership, a Washington general partnership, hereby conveys and warrants to The Boeing Company, a Delaware corporation, the real property described as follows: That portion of the south 660 feet of the northwest quarter of the southwest quarter of Section 5, Township 23 NGI-tb, Range 5 East, A.M., in Ding county, Washington, which lies north of the nortit Line of ?forth Sixth Street and between the northerly extension of the centerline Of pelly Xvenue North and !lain Street, now hells Street North; EXC= that obrtion thereot conveyed to the city of Renton by deed recorded August 15, 1971, under Recording Humber 71XO9190352. This conveyance is made expressly subject to the following matters: I_ Real property taxes, conservation charges and public assessments, if any, beconinv due after the date of this Deed. 2_ Easements and tha terws and conditions thereof recorded under King County Recording lies. 3432120, 3432122, 731IZ90292, 7705020589, 7700170733,-7710030507. 7711190aS6, aS12160947, 8512160949 and 86120314-4. C:, TALI�q/m�tQ11�1TU�iEs t c R G U t G G G G 0. [- 0 Y i 1. . f 0 0 1 3. survey exceptions disclosed by Ecaeption No. 34 in Transamerca Title Insurance Commitment Ho_ s62073, Survey ,Fob # 75466, dated December 8, 1994, prepared by Baisa i Holmberg, Inc. Dated: January 4, 1995. - (Grantor) Parkside Partnership, a Washington general partnership B f1 pen "Hco bath, Partner Michael R. T stro, Partner Lri s j r'1 a a - _ a M s a MPP ly innlec4_ iic�s -z- �roE . Rl i I W �O'iiOC/��T]�SY ES R — ■ i i ■ 0 a STATE OF WASHINGPON j ) as. cOuNTY OF ICING j on this day of Zanuary, 1995, before se, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Eugene Horbach and Kichael R. Mastro, known to me to be the partners of Parkside Partnership, the partnership that executed the foregoing instrument, and acknowledged the said instr"asent to be the free and voluntary act and deed of said partnership, for the -ALTppses therein pentioned, and on oath stated that they were as:thorized to execute said instrument_ I certify that I lc::w or have satisfactory evidence that the persons appearing before we and raising this acknowledgment are the persons WLOSe. true signatures appear on this docubent. WITNESS my band and official seal hereto affixed the day and year in the certificate above 7tten. si�rT.xi i dawn.• :,� r '.)-;... i Print �ameWOTARYFSLICiri a foY aState of astonfat %dMy cosissin ires vz_ - augq,� zfp ' r'4M p: :'h Q IG0ZrC 4-'1/:IFS -3 - 'MifOE TALLs — — - - - � I' _1! { - / i>8w +r-FT a d0 F• t f x :u STATUTORY WARRM'?f DF.Eo �.�l, c+ f� Grantors, Richard S. Dobson, individually and as attorney - in -fact for Martha E. Brower and Eleanor M. Dobsbn, for and'in consideration of Ten and No/ZDo Dollars ($10:001 and oEher valuable consideration in"Band paid, cdnvey and vFarrant-to -The Boeing Company, a Delaware corporation, :the-foiioviing-described C real estate, situated in the County of'king, State'•of Washington: N ►? PARCEi. 1: n Lots 1, 2, 3, 4 and 5 Block 30 'Renton Farm Acreage, ac- CD cording to the Plat recorded in V61 uoe • 12 of Plats page 37, in • King County, Washiegtbnr EXCEPT therefrom the -north '30.-00 'feet 'uf said L'ot i cotiviyed to £he City 'of R,enton-for street purposes, under -Auditor a Pile tic. ' SlTO'899. PARCEL 21 The North 360.00 feet of the East T00:a0 feet of the northvest-quarter of the southwest quarter, of Section 0, Yvknship 23 North, Range 5. &ist, W.M., ih:-xinj C60%ty, fWashingtoni EXCEPT iherefrob lhe'north 60:00 feet, L2Mre"6f, oanve"ysd -to 'the City of RentJ6s, 'for 'street P"poses wider Ardditar's File No. 514a1e9. ALSO $XCEPT therelrow'that portibn thereof, lying kithin the west ' 1'0.'D0 =feet"oe '£iiat rt'ian of said riorth 300:'60 'feet, Lying southerly of the City of Seattle Transmisei'on Line 'Ri4ht-of-Way, firhi6h via■ -deeded to the City 'af Aeritbn by'dead recorded urider Xuditor's Pile No. 1325235. This'Deed'is given'in,fulfillmebk'of that certain -Real Estate-rontraet''d'ated Movad r'21 1971 - and recorded under Kinq County JLu3ltar s File No. ' 142205e4 - IgW& pild 13fi1177 Lwalpt 1ta. L642763 DATED this _ _ 21w- day 'of' w*vember, 1917. ' ger N Do son,, r a rney- :,, +. r _.ii: '� .•�._�� __ t.in-fa�ciRiahasd S.`Dobaisn Lij xwer Attorn y- c 8. STATE -OF 0911hWitti 1 as. COUFTrY' OF A I' M 'G 1 ron this '�loti.. ddy' of"kiwekier, :19 �,7, "bi('!ar we, "the iri'dnr- signed, a No tic 'in and £orthe �$tate rof tfahlhgt2in,"dir'ly I . ' IGM16'�D" 1SiVl coasnissioned and Worn, personally appeared Ribhard S. Dobson, to me knc%m to be the individual described 'in and +rho executed the foregoing instrument for himself and as 'attorney-in=fdct''of Eldinor K. Dobson and Martha E.'Brower also therein doseribad, and a6kno4ledged to•iee that he signed and sealed the same'no his voluntary oat and deed and as the from 'and vdl:&tary act and -deed of the said Eleanor M. Dobsbn and Karth4 L. Brower for the i uses ind'purposee therein AMMUcinsd, and on oath mated that the f r� power of attorney suthorisirig the exedution-bf this A tatruncht Qeta has not been revoked and that the slid Eleanor'H.•Dobson and Martha E. Brower are Kow living and are not insane, ! WITNSSS my hand and official seal hereto affixed the day Arid Cayear in this ocrtifidate above %tritten, • f� -END NOT" IC ana for State o 'r 5dashingtot, residing at settle t f f g _ park plaza After reeardinq, rrtU= to: 4i]fk.T.2 R OV 12 eal Perkins Col$ RECFSE 2.00 1261 7Mcd Avenue, Oth Floor RECD F 13.OD 15.00 Sisttle, 1er�.imresn 9�I01-;099 Cg516L ittteation: Shea Conedera Dial Pon , 7 r ' - o 1y71 Tutuila Rhin T Y D� ' x _— 4, c 1. - ' y K iraetora. H F. E ASSQCIAMM Iv. a Washington general and aar= 1lpiitBMN. bmRband and y andp'iQcoxL tR{'_61"7 IObert i rime, S. iab7eD (alto known as RaFtro), personal Reptesentatf" of the C Ssstate of SoamG [ally Maytro (also known as Joan I. ftstral. Q� Dsceased. for end in coasideration of T'ea Dollars (iial and S jX) other good and yaluable Consideration in hand paid. receipt of +dzich is horebr 4CkMQ pledged. Y and warrant to T" BCaM i C mpmr, a Delamme Corparati'm, the following -described ra+al Same, Situated is the County of Sim. Stets of lkashingtans ' parr_el A• T.nrtinn of the East log feet of the Forthrest - * �__. of saction •. ro"Whip 23 forth. Range 5 ]last, "At.. in ! Kb q r ty, su ingtm, lying South of tits mester17 ptodoetim of the conterlina of vacated Worth 7tfl - itruat (Cslifemis xvenne), as delineated m the Plat of Aare", aeeardimg to the plat thsnof is racmded lum 12 of plats. page 32. in KW Coucty, Umdd o m: r+ tbrk South 315 feet: NO MZZPr the West 10 feat fnc road as convoled W city �m by Dead ra��nrd*d nad4C 14- Ma. . - •'.ice-}�S �.� - .. - a•'.+.r.J sit-a+s'-.-z_ � ... ��. �. �lao �o�n as Lot 2 of Lot Lime Y4justfrant NO. cornrded under Linq CotmtY Recording No. - - salllcsnoi. Lot 1. Block 4, Mon Farm A=eage Addition, *= ordiag to the plat thereof roaordod is volu" 12 of plats, pogo 37, in Kihq County, w.Sbingtnn: its WrM the South half of vacated eo¢th 7th Street adjoiaieg, as vacated under. CItF of Yatm OtdinanGa 1lcnbe= 3327; UM that portion of alley adjoining on the toast. vens ed uLd@r City of Yentom Ordinance Mo. tell, and recorded upde[ King County peeurdi" Numbor CQ 876311057s- i eel Parini C: f Lot 2. DIM* 4. Renton Pare Acreage Addition, W4 0cnordiaq to the plat thereof recordW in volume 12 i OJ of Flats. pegs 37, in Sim9 may. wasaipUtmn% TOOMM fISK that portion of alley adjoining an the Hest. vacated under City of Renton Ordiumme th bee 4 4640. and reco=bad under sing oaruty eecordioq Bucher E763110579. Heical D: i21et partian of the EoxTIoest quarter of the S6atbr0et quarter of Section 4. ibwnZhip ?3 Borth. ftaw 5 East. r-e., in Lino County, WaRbingtca, dssi ribed as .followws: Oarneaiaq at the poi.ut of interseetian of the i �xtlerlr liar aE said tubdivisim with The yortbarly Masterly ee 110uwbown is Renton Farm FaPllat til uas . a000rdiug to the plat %hamf recorded to voles 10 of Plats. peye 97, 12 Zhq OWFA17, ea_shin ram• Vwnce sowithetly alapg said e0sgin as prodInced to a point tbacem ahich is ns fat Basth tir sout*ocly line of said 3 0eh3ivieim. and the tz%w point of - theeCe 3 _ = iT parallel to wd a distmcs of�715 last forth aE the rtaotir lice of ui;t s*�mdiviaim to the t - f WE Al iortherly proftetion of Cbg cantsrlino of Polly homme Morth (Polly street) as chow in wanton Fars plat So. 2. amordiaq to the plat thereof ramr6ad in volume 11 of Plata. page 32. in [inq County, Manhington; theaas Southerly along acid produced tgnterline a dirtanca of 356 feet, th2~yee Saeterly parallel to and a distance 359 feet starth of the soothedj, line of said Evh3iYision to the vkcterly reargue of said Perk Aveaws Borth: theee9 39orrher1Y i along said Yeewtmrly margin to the truce point of begiaainq. Also dlrtCe:bod as Parcel A of City of yenta Short ' plat go. a93--69 recorded wrier Recording no. i 69I11a90e6. - I &object to: 1. sanatl tM a cot Tent dxho and owing. .. a 2. AeseeaaWoulevied by leviby Eton Street ImprovawRUt District to the original amouar of $9,125-76, With interact at •w4 the rater of 9.9"6k acastilrag from )Larch 1, 1936. for street -_ Q fnpeagtin rent der L.I.D. Yo. 32s (ACCt 15), affeetinq Parcel D. d7 3. ASSONA ant levied by AMtca Street lmpiow-MAt r Gf) District is the original amount of f7, 763 AS, with lct&C*rt at the rat! of 9.9666k accruing from Karch 3. 19". for street isprovemant order L.I.D. No. 326 (Acet 06), affecting Parcel C. a. liafeaaent, acid the terms and Ccso&t-i.,r,Q thereof. for utility m4 related purposes, affecting the lath 10 feet of that portico of Pnrael 5 lying within the Soat'h half of vacated &heal+ 7th Street adjot inn Parcol 6, diselowvd by rostra mt reoasrdaa u Romrdinq 1b. 79W13067e. S. awsawgratard utility wrsoaat for rift-01-+ny for elsemic tranamiissiaa and/or dia:tribation syctsr, 1AL fearer of paw[ sauna power i r4 Compoor. affecting the seat S feet: of the Baum 50 feet and the Most S feat of tree Raft 16 fern[ of the Sant% 10 feet of Parcel C. reoardsd October Ii, ilia inidrr Recording Lao_ s41e2s6m. a. Eammomt. and the team and caaditiaas tbaroaf. for utilitiae, affearbq the Metierly is rest of Pared D, & srio" br iact[amea[a rwporded caner Recording *"- S6111i1613 end BM ISIS43 as a mated by em+rummo* recutand =4W RspeCdiatj No. s'90&W*sa77. 7. SseMraet. ad tho tiers eat aaoditfeas thereof, for riot of spy far no aa8me%waoed 9leetria traamsi*elm amimw -3- 112SM/11/MIUM 4W=Jbatim my. , in fevot of Puget Smod Pou fc stud Light GYM, affactiaq the Meet to feet of Parcel A, *=opt the Mrth 3Q feet thereof. raoorded Augtmt 30, 2990 order RwoMUq fin, asas3aesa�. s, brwaat. and the teas and conditions tbereof, for roa&my mad public atilitiec (imludiwl water and eeUW), to favor of city of Reataa, located by the description set forth In the Eaaeesnt Agrammants and affecting portionx of P'arosl D, recorded October 23, ILWA ceder Romrding Ro- dalo21o273 and - Aagpst ". IWO uodefe Ramedinq No_ 2909290421. 9. >�ynt, and the tar= and conditions tbmreof, for public utilities (including water and aemer) in favor of City *¢ Yentas, located by the deccriptlna not forth in the Easeemat and affecting Pazael D, recorded August 79, 1939 —Ur - %epoadiag Bo. f9o1�2904f3R. � la. Yaseeeot and the tens and cooditione thereof for ' public utilitiac (including water and s+aeer) in favor of City ( C!� of Boston, affaotioq the North 15 feet of the Bast 30 feet and 1 the Bast li feet of the Aorth 13 feet of the Sotetg 165 feet of O Pwmals A. b eed C, rcorded November 9. 19a9 under YeeordiM _ V4 moo. a'lIIQAOtTS.Ioi nam this dPW day of 466a�rir�- 9s9. i e1 - Q3 Go @ r. M AswcI M 1v. a Washington gaeral partnership - Michael -It. Xkxtro. GODAr PartDW _ 96W A. _T. ■ By morboch, nor Attoma—l-ra- aCC C13 Rmprozmtativa of the ire Of Joan Kelly Xastro, Decoamad O cla rl 07 STPAM Eff MABErAmm ss. COUNIT or imm Op this dxy of 1989, kolom no. %b* orders iL *=&ry PZlic in and for do &tat* of Vmdth4m4tqsi. &dy ommiggiabW and wwom. parwmally appeared SO== wXMMR, to ims kavwft to he tha puram %bu Figuad as gaust-ma put%= of H & x mS=AIzS IV. the *&Ehi=jtm quaral partowsbip thatmocut" tim within and forsigaiM lowtrimmma and ackpooladged said fastrummt to b* the frva tad vo%mtAxT act ad dead of B rp N ASNOCM= IV far this umm and tbaw*iu smistianad, and ca oath wrAtad that he wm& t+gtLoriirad to soascsRtia the said iustraimmat as 9mmaral partner c& sviA it r R ABODCUM IV. tr mrimm I have bgrowNto, set of hand and arfLaw 0"1 ft I*r and y"r fUwt wxtttm. AD77" PMWC in sna -ror " State of ftski-0-- COS141" StAmmmm.4- of An-tu"Nult �- =Aa-a_ . $a. _ CAM 0! IDm } On this dap o£ r 19d4. before me. the gignma, a UotuT Public in and for the State of mgtm, duly me�iesiane3 eer ern, psona117 a =a3 N=M p. Rt6'M, to ai imsm to be the persou who sigosd da gaseral peanut of S F. R AGMCIMMS IV, the WdLiogtoa general •s++x+mnrdip that ezoumted the rith= and £orwpUg i3xtrummt sod ackD*VIW* d said lmtrs mt to he the free and voluntary i met and deed of R r- R ASSpCIAM IV for the ume end purpates tLsrsin rantiaosd; and an oath stata� that he vas mtbwi= d to f CIR Ozmente #be said inscrimmat ant general partner of sod g i R ARGOCIhM W. Is WrOM WEERSW L have hereunto set eg hmd and offt dap and year first above written. S o Fv mam ingtoC an and for the State of srashingtiao, residing at� � �` AY Apgainraart Sapi_-ers : 7- 26-9 I . or . -m sb6 his �ac�goi� E Al es-iimr taus cep ;r. c _r• sad } cs. } dap' of 1909, before is sod for the state , dui -rat+"'!S sn, pBacaragallp appeared . to 4. *Wv� It lzdiridaal s&0 saeMtod the mitbin and and ledgad that be sicp ed the salves s� Ya4rr++�- rrA. for the ="a and C olt*+� TArE��es�rf MsT Los-, as�d a se the �� p in !TAV"FA vo written. ^Wmmm D15Aiitc l ry of sa my Z 113p'1flE/�?if • I -L `t 1f, f 1. 7 Jr. b _ caulltr OR RIeB ) 1 an this dor of 1989, before ee, ! the imdacsicpa • aotar7 i c 4n for the Btstd of anshingem, dnlr commissioned �md worn. personally zpssrsd hliCMM Q. PMM. to wo k&omn to be the pdrom Wbo sigosd as . +3e�aesal partorc of 9 S R 7r3SOCInfSs Iv, the tlFss6idgta► metal .'- . pertaerebig than sweated the vitbin afld Eot:egoing iastttaeaiY i .- amd aedCT+arleselgeid said ;..re-,,�owr to he the free and oola¢tary ! - act � deaw3 od 9 G � E6SaiClAS>SG IY #or � aces and pal`posevs tbsrain aaaatioawd: sad o� oath dated that be vat authorised to � -- sracats the said lastramsat as gaoaral paruwr nE said M i R to ormw m mBm I have baremto set mr b=d and official aml-tho dal and pear first about vrittea- 1 ri S7lAitS PUBLIC is and for the State O of s4ahin9ton, rraidim at r# NY Appointment Erpires: CV= UP ONMEauTuff) } ss. Op, this day of 1969, before, ma. a Motaty Y 3e = and for titwo xtau at washsbgtaes. day coamissinoed sod sram, pet lT appmred R OMEM to me know to be the inavidvW ozommed the within and fors"I" istatrnscum, and acknmlu*pd that to awed the "on as Lis Erm and ooloatan ect and dasd, for the mp t and pmvmm ttsrria aaatimod. 6IM DOW ag b"a and of f ie-al seal the day and rat lu this asrt3Yi,bare uritrlo. t IL KIP= RUMIC in and mc the state = wow of W2%hn iu3t=.. midi" at AppainU—tVMS �-.. -iX- lI2�i/L7Jr3l4S� f.ME Gig this 1yt day of 1989, before s$ pacsa W lyp arpearod BBB to ss taowa to be the indiwidaal who meutsd thR within and foregoing lnvtrveent as attomsy-ia Ewt of in= HoOmM and aebwwlodged that ba sigmd esa saalod tha said instriaant ■s such attain -fact for "M priaeipai, ft6elpp and volantatily. Ear t1t uses and parpoess tb►rsia muntiaQW, and on oath stated that the pywr of attorney rskhorising tba execution of thia instrument has not beep rwata4 and that tb3 said LTUfCZ HORM31 is nw living mud not under disability. BIB OEM R hand and of f icitl seal hereto of f izud the day and pear a certificate first above written. pgnklc and Ear state of maubdogtab, rssidioq at My appo°ut=Mr sspireS. Sb W Or 1 AMU192 tCOUIMM % > ss_ or I 2 on. this &T of r lfa9. beforo a». a Notaty pub in qnd or Stmta Oe. &LI7 e>mdgtimed and sworn, paCwaoally appeared MUCMAL Y. magm. to + tiara to be the individual -bo mseated the within sod foragoing tnffswmt. and ac7[navladgsd that he signed thw see as, his frsrs Md . volmrax7 act and dead, for the was mad petpnsrs tbssi4 suatimod. 9rM MOM of hand mud afficial assl the day and 7OUr in this Carctifics## above written. C far hats of washittam. rwsidi1,3 w Awaiw—at mq*MM: - -7- I1:dif/IIitEiiR . . - a•y.e-rr{: Be. COMM or 1CM on this day of —Val M9. before good, a Notar PUbVIC �I-nt-r the state of tba =Rjj,= &Dd swam. pwraccally app-r*2 &ay XECEgUM SL. lag=. to m kzw)wn to be the PGEXM 'Phu Vl9wd w1prewwatativ* of the ESTATE CIF inm 53= MMMO. PWOMLal I tba within and foraping iDstrMufft DgMazad. and %dw emamted it free End Voluntary =a ackoceia&jwd said instro—t to be his set and dead for the as therein ptlacad; sadan oath Git&tad that be wan =,zed acto GXDL-atg the said lastrUMOOt aspersonal101 PLI -06,wttive of Said Estate. haver hereunto met EY h324 and official swa the day and year first -Love written. IL OF c -4- , lass' AIAMM y,bd`:tha �:9R"�'�'Er Ni'.*Cr"rSi' i�i�,ti� �G:,i�'A\Y, a e�r�oration etn= Ycif �ir¢nasi,t, ]ix�stsg .� ;riitei�, al plzi: ui iw.tain�s :.: .fit- -t'zi: f, 1Sisa:eacir . n 4th*.'Vutu z'r-.-.t.han - ,'iz}: t!"V r w'.1 vv !scr: of is n[TCllt' �_; � 74- .. - p tor,x9xrct esE tT c , _.: ; •cf �� s rn1 F' 9 , z &4,d-'�`2"S]�•. :v... .. I]'k `x.r �T1,1i 7 - --htE:ISa--,( I... !,348 .-G1+:-i'; .,. F x cs�. siG#siC, is tl+e~ uci tY < (.............} :.L'-S. - t�1i t r - `5..-_ -P:::qY6 - - H .I ti-rtsij uaet . of _ (ta:.o:K- Csilo �'t rr. Ctr'-er Be W the .c: -. .I. ., .r ~..1 1 'i. _.._.. ,•,•: i..r.+t.:..,-,-.-.�,�_T. �i laces aa.4 rims riiCted acoss he [rem,, ims .,i Am first ; n, sh, t1 r w = one asplosps qQW1 f 5n j fUl . -• . to�tkc ropa rnr e 5 -. '- - �f y 1 t coo-- t _ _ �Cr _ n us_ L _. SrF rT 5 L Sll LWI{IifrYM tr, r � —rr 1s: Yl t s_ fi� _ ,3 Cprrstuzsieisp ex - POP �rt, 3 of year 19__ '1K iOfe II]G ... .............��4 '-.-eY, _ 5 Rnc ...... ccrctary resgeetiv2! a€ the__ 'ar.t; t�e rurpora:ion _ c_cdcue{�rc�o'r,_cin;Lnme�t.'andhvL='.��v:uLdiY x till -Li hr : nrooea?e sent cf safd eorporatx>a, rne.', Sn ealc,i l.. 1 : a _ - — _ is Board- of _.. _acic aan _ .... . r•_.. - it I y � 2 DO CD . .-� `•+�Fi?'� � rF �`° mry. �� - - � �"„7" Ltd' ^- e.d` —et #a be flte Picn�eui ? all iateres Erited# a ioxe sz_ N'YarpC2trn^ n:IU r 3 oht ��.� '3or ^aa•o ,ram f'� i as am�^i ,s - — - ._ied ,n hha}f n( said cc r _ - {: _,r .. ac cd ci 5si anstr �sr:nt fio lx fhe (aec eY 14._ ...-. L- a ......�., f, a,•.. _ ra�ea b.eeoc.'� � [ •� i. •' -_ - of � llated.t •-h- - rt,;gaic sr �ft+tsa C�ev�pe.s.: �- . _.. - — t- —. -. .r. y. -. • - ..:- _ T-._��_._«.--�.�� � -" 4 . �Yes:ir-ztv� �or�jan oL t thue#t C�iiertar of, s >iL+zt�rxs Y:s:�C �� �� ��t'azsrZap $�� �:h�.: �`zs::ra.be�r-ass'foi�orrs. �e�is�niiig � -., �texssCt3o� off' -time snul 2 13nL- bf seAd RW* j of S -- ead O the ezltea 1 s'a3r -St: in '- er`aa £ rW Plat ?Io. 2 thi@ acs -1q ..�t 9E �D fe w the true poi t offbegi.rningl said 11ne being tli $atei9sthe 046Ater. line a,? psi!: Wit.' beiaar� 13� `J°57' `*' ,r. ( 2 S xv T_ to tziae w Est o}` � ;' benea 9.: 'S3" 7ri5 sai 1 verterll a 30 'exit; thence S. Wj5r feet;Ah* A 3C� fe3 to the :tie gs>ir-t ni. be�43nn g co* ag s43b' acres more r ].ass: y ri ti1� t r,7 �v::5 4$eP 8t1c�uiI' �1te gFeg�x9L.h.�r,erlgnad.. a- &�_'='= xL-toenA i. C he, awa8;s a -tea Sid: rY- r r;actior: shE11 a fo: tr:a DengI t af: t aga tv _-ONiir-h- the sogV�. fli vx y x only - iz 7. --- pc tioa of rho "�o rEs t ;uar ter �`w�YB-:�;lsswe�-- �r_� � w� ❑ac �—n--$g p 2�`7�Iort7�i c�sng�e �.-' ' r a 5y 8. ba3 s f x�o s: �e3i r"g at ke ihtersectioa of twe !:re .sei1 of SWj end the Center li3i�erCCof meg oa Avow (nay �&ir Zt+i Ln'�1emtom P &rf! ?!at No, 2; thence Ii A0551 Jr%� X. 30.fe,C_tlo the ,_ m pilot _ of Gegii]_ i egg sa2ld ? l'1N being t.,h4- Qr3te.hsionkf. the cen-tef- Ine Df th 4c55 s 53- Z. c32.:5A4.. ec St - to.:the FABt� iiA ff+� - A ..} _..:5�- certcr, Sr_s ast; tii erce S. 00551 9- Q 632 S& f &atN. 21� 211-vfaeS.t3_ the true point of beglanIng? canta4iming .4-3b ficres. --_adE-"a _ ._ vl ,.l,:i?-of'aYa15 easeln4at L?'. U.:ix3B`.'S'i t�2$ - i to manamt,to tt_F gFeritueis eewee,• vaa3: - --- — _ MAHon 5'.'._3' be _o. the benefit ; hicL the above - 4 _sx� , - v t_ p t7 _ t - _- r _:nUZV. cm ACE how 1 soon 1� e 4 'y�- - - ` ng .Csi i i4= 4t' 3. E 5 i i L.[�i.. � - ter n 4 a. 'v'33rwri3'i'p_�.�. a�p�$ y't'ia' iLiD - _fecii' La -z=. M. .4 rx �akF---4r•:'.n 'Rh,C i'�[i�.Tjz J llriyMFUnw; �fi".^�r- .:.e'.�2431heS.�lfF�l..c .. v ��^--��V`�='-'•-•--..+:-�.�S.�r� -a� _ -.-. - -t ... - _- :-.5��, r ..._-- .�-?�� .Y- �. � --ialiee. ,�s�.�oea�llf`�`L�s��+•+rWF. r.,�=rk�s'm.w �;r: - �`-7="' _ _- rG� a+s+M�c.•su+r: s�-3r�=ier� .�-`-;�r� arzr+�v*s-�xr'�.r=:, ��- -=..i��•''^^.ar ,s2�.J :..`�C2"� '� �,r�-`�' -�c� See' �wr� yiff. xSC_:�a+ �-,r+'�-�.:,�. .. � `l�y��.C""v'H�.�:'t�y.�ajr�,�s�',.�+r=:sues� 'x ''�'^Dr'_��t��-':Y?LT•y.^E4" - - '"_-�'`r-�'t�--`-���" ��._+-.=_w.-�-r—r.'iece,�1�-�:+" 9�'� •-T,i�..� - -�*—a. _y"^"".;-,.';ohs_r=...;-RF+vr•+nie•�vw+!:- _ _� 7�'cicr�. Qva A^E.cu�c�MC}n+,rrm=EG:'� ' :a�t�;'-... - — �''�> ^-axed �•��L . - ^!'!�:grcfacc�-.6.T"-'mow . a.,w +yam er_c• A --"�:�'�-�:�" +� _ �'. .�ys�+.'-� was•=.r _ sdGC=-ha+aa�wmr: ��4".��r":_�-+�?ar.'rF�€ .�+.a-'i-v-ems!- � �•s�r- Psc _ —r- mat'd 1,`m&=zAmt.•if clads iRZ !1' by -ales- il. 'rf Le itiL 71[ J!t rafts � i vd% lg0. rafp ortu gr Mi����r ��a fz Y�� aR YL9 1�s txAad lzmu V C.a=rs+nr. berel'y ptaaal - HUJ[F_...YPALXri' SST a 111 Q w.7. erII �i ihs t3isll.s aS + - - br-elazls*r eased P"ltt+a, c- e4matract, apemtr i�4 w.,%t aa cbe f-U&wSai Mira urm its tuft%t et -" 4d bi sa;Lk £'M tidrR,J,liSn toss: A u thL• QiIW of ftulmems zaVsr Alps 12mos Im Uto J# 2# 3 e=5 L of -.maz>v-. d tLon aw gavaar meet, Lcts 1.s 2 and 3 !t ts) abof 8 zIldcY 5# Teucnd4p 23 Nar4h& &gnaw 5 M"t, W cs.a a and J= Laura tils,edairlgta-u Sb&t•s Londe { ,. tbm lc ',ati • w shflm= on IMs RaLUncy &jw , a sJO dated vebruarJ 36, 7.F62: 1d411JIS1{,.L.r1e.d >rs t WAX ■ttalaho !W=vto mall awde a pmrL 3)srr, oti rl&ts ut vx;V for tbm fAmSlMles •b4d-m IndlaaZed b7 RM solar CYl rihlbi-t "&-a xlmor temporu r Whim of *!ay 4lcmrtf. 0*nv r%;LctJ n of tbw -f&vI-U*iar ulnas clues gortIono air "o abora-Iseatiors+ x%Lbai;rIjdx na imax.e-atacs by wrxr..r c*3&= on 23�c±t. :LL eel't . , t v�`)+i rl � Ulm t7.i. ,+sane S-ft is rxsated ayas. 13& Iona-oint ix roar: SlUZIue nn, e in 1. Th4 rsrs=ss.. wW p.x rwaud of tWSITt4- rIvW t" -Yu -aJ33 1wd J 1r70 CLa7_inr.4 L P25 br3�..o� as ad,&bt la for tUe fuU t#s= asrrsf. &U--> a]t tie and ■ssr■assents L"t mar be b es ■se .ared ■�tnst C.0C1 tSL Z T2u aerates aarLaris]aba bouts ls} the Pesmimtr. J»[lndlas ba# mot itxaitsd the cast CC rarxatrta•rtier., oprSation, msa nt.- a.raca --3 iraaorai a[ vWjd ILCFHVW4: tick of tha MKIL r.s Cera+y.ny w1I1 de.r-id.r bat portion d T.=y of lhr work will lea #a a bT Iha X&MWSY COMPaA]rr abd for such portSva Lhe Pexta{ttee slit PAY the fiatlwMr CBstpanlr tlrr rrtlr.stad co+t t,rfvr[ tha -rq-Itis done; %r the AcLuml evet rarrsds See eatimxrktc. the Perim! tWo wall p+S the a"JVM-P .l amount w b[ o e 11eJ . "_if xir•e a,cttsal estiL is brew thra ohs FtSi.sate. kl*s 3tsilxa:r Camyanr +rlIl 11117 .urPlvs• All vrark }.rrr.sttrirr by 1 hr i=rrmItLei shot] tr J+he in a Asat-elasa wnr]DftAtuiiks xaabarr t4 for aarl-ra•.• " of Tea dlvOia- rut+erirttvt:drrat of the hall+ray Ca4mpan7 t<nd Se. ..cr..rdsnrt wlth glsaa asid Av"W-licall= wbiah he mpy prsstilbe or aPpr-". 7i.r diiewlo,l ry pr rsntetrda n! of She $au➢ y Coatr- paa.F hal. hoer tLa rlgtrL at may tea %ob m In Tsta fadlztsanZ tt IHoomes oecessarr or adcfaiblr•. to requlre z=V f LAL w%4l %toed 1 work to br arplacyd -th l:#<a aaatrria] or +rite matarisl at - more Vee�ar;Mt rlhararler. alas Ime rrluire adhtti- I wr-k ••r rLanees a Io aLk n ca f•a3d Sa[ ,F'.:es a.a a as=r of aid tT is t_a-rFw*raYr[c, ar „n .ca+--.nt r-f 14 d"4in'I trerYa b'"ng ]a W, . na M1)fe of grade ih4're42, [vaaSrttittiaa aS a bq Qdfns. or ftr aelr at}rer rtft a-" -be .rr ar 2-1, c0r.nartr4 x+ith Live aJprrsts�•n. naa.atsrar`ce er I=X e-0r 11mt �f the raucamea of r3rr XS mnwfS Company. all of shwft shall tee rlor� at acne r1r1.r•nae of the Fle,r- raatte-e In tba maianst lyrr-efn provided. (a) 72�a 7crm 4" att#em [Hasa Ow frc RIT.T s shoal not at "y tlme. darnzwr 91w m2lrrr.ad or strartur, of Lbr Ro.I-.v Ca.mpa.ny. a.r ba * r " #.1s aafet)r of ltv c-pm t.%.± m. r.r-d to Jnd.t=rm'f7 and ears hml-mle-a the Raii.r+r C.mps4-,r froree all sees aril rlrraas+ to ba trart3omr nadbdmd. atrt&ctu mme. r-+.tllr-fr atrrk axed o1l. c pr&-jwrtir or the Railwzy 41�'panX and propert3 ar ih.rd prrsana. sad from fm uries tP 0' d-mM of grrx e, fn<I-dl..a( loty)o're*s r•f the p.artirr FFrett,. et -r..+... te,d Ly thr "e,_ .r wr the prrmzzxiort liatsby traatad. Il.l TIs Yartnictt,r htt><bT ftsrlher +hers to h.St Lhe MAki-s; Cor"ny fra..t +r_d rota.... .'v &x d ml lo!a or dsieste is the fatul -.-, tt.r inrtalla tl..n .,IF -hieh Is 7ee.'rbf pearaxifir f rot :4w r"Miva ref t?w 9-1lviar f'.w.pany, i, it A. ■cgYrd ti.at t2m pram aioca at Sesti-_ a are for t}.e eq_aL )preiectYwi oe any other rw.lr..ad rnlCtpany Or rnm['•.tlr. -r r.taforr or brreafter grfntpd the joint use .1 the Rtt- y C:ompanr'a ptr.p•rrt>r ..f wl-i ch thr pr ail .N. h a.i'l far.i�• t.r. are Jae "d eri a inert- 3. Fhr Artvrtt# sh-11 not tranafsr or aur;n IM- per *zaiL wilheat ll.r ' Ihttr.. cx. vat -rf the Per.:J-. Casa pang. c. lr tht rarao-ittrr shr-M at art tiaae crrut to tnaln: fn R d oprrste t%r satd fariritJ-. r.r .Stall fa.1 me. n. iforM terry ppt" - .rrrc ..f th.. permit, t}+r Rali--y Compa-my ena y fortbw.th rrMinrita this pfrmie and .nay forthwith expel Lhe Prrn.Ittre ftom r. r...-.n.-.•.; oral at tL2 [-Rd of LEa prrtt.it tha -111 reat4rt thw grvmtf*s a IkV Raalrar C mlbvzr to t}.rar fnran.r al.a Fr ?. TYria F '1t La _-ktbJ*ct- to as=tat-r4, Y,�{a]tbstaM c- t- Jed i-ari-ti4❑ itl ata.atl rLl�Lt Of sra4,_ In thrr rValtt tl7zt 7hq ■OCtMI" 432' ti.fa 'ya.-atiit �nlps i ti rnly ,xm.wrLla _no-Ind-Enh -%it rlctw lJoAted to tk-116:Lnpar #Lp- 11nazi, VTk2-a IlLraes ja:ld n,aas. of tJ&Ird pwr-L1ea titsa tr z.Lttao er31w11 b4par fh-7 cost c.f rsstoriF Garb pr y-ax••t_ tl* a COndltlO t ILL laast " LOOd RD' to uoM&IILjr>n rit t.11r tJ--ra or rt=0h LW 4 ant irl4 orison ao p6rC4Jrss 011 v*M hmrr+ur.a ur a-, to a13M&MLj_ta ainy * rs t e tzvYt a tt ai xs 4 0l' a saSt �•�� Ff�'Jwe [COl�ir�cd on OthfY' zl�� the JW' [ter-Qt+d Awww }rv+ nta xlrla 1 S� dm F cf _j rltt t lS Ca , f •sue , - wee - x S ti, littretl _&ajL- 'OirN,l.., i4! IF r It 1 Witnesssa io aianators cd Pe�tltr O11 - TOI? TZ ! AG'sGs�Ir;.. "1.S LLL Ho 4 -d 'C f � A x___ ..ft� Leer � a. in 4x u vmrmiutiw =owwdKqftw&= the aban Y' 0QM 3'T WIW UNi NA12MM. Is AP961210WbUMS 1tr or~ Q" %der WgI 1W sttis�d brMio sai alb s gat tr=ks over the foolU UM the Ott* ehe3la id. In IL r*a■*aabU iUM k9tor DA'S a that +eta 4 aeSdi. -C D-a', a DUSUawtum VS11 sr-ierkske y ee"PIi I th a aid apOO'LfiaactLaui as to the favUAtUs artmldti und-er rmz ptapaved ddMpnma trxrs. 9. nm ;sxsait#.rs eb -t l bear the et a st o f R.. &11 co stp ad ewe invurred by %Us MdINV Comp&=7 In p'lmliJ U,- 38st: alpi.Qriy a[Q =rvgl vart: per%rrrsad and aroce- rtiast mod sawovAmt drealmCm, pj4MS sad eartlxw6es, Vat7ULVed by the isc31WLr 00MPWs7 is aameati,en lath caustrsiptfsnr opewi+ tics, ar renov l of UM fs.allitl.es v e Lm:p ob4n Zen, i=ludlng but rpat 1 J -xJ ad t* an7 UmTor ury ahaagas &ad ptmaaaat restorat: an, ;- u the EZ414ma OW-91aiaastiam or a1WM1 11M EWd a m.oe,eetrs b` the exere"S or 'thf a pvrftLt. s.. Wzh zxjLrrasrirrd 1=;' trr en thu FihLLIr W Compui- a-ar detail to obaarrs aoa-- stractiers ct' tr+e faaS2ltLsls U. )al fLsg prataeU= dewed ne^assurl b-, the 7AIl +ay =��aty durireo acngtru4rLtan of the fao tS*&. )D. ;:.-a -KLlvwV C434.paz7 rwia rvea the r=ahL to cane and tor purnit other pKrumv to nss t1:d 'rend -n the abovap-dsi0rihad isYwKUan f= ash zed ail "rr-t-k" not Imeanaiat4pt ar th -ha ar tht a prrvkit. 11. 'r7se twsr-.-.ttrea a,-rane that =%y ccntraat +f-�oh it *hell Set for +.4;c 4 c1 r"t.:tsttivu of tho feailit'les on seiA rJ ghL of r.q abw.Li ,itsvlds as X622rxyt A. :he .c atraatar user' t=5e=zs.tj a.-sd szrre haxr_laew :hrthcrn Fcciric xaSlw& r iro a� and roil, cs3AUa, mites laaaess darst4es tar sx erxae* Cr s.:oo=nt of nJUe ee to or dea%h of an7 a1r! 3U ;.ar.:an1x tit=zvA "r, _ 11ludinC th& ;. Dtraotar, aub- centraetor- , aaployoc.r or the 5:oatrxzt r, a-buaatraatora mud of said .-od aray 4C.CLpatly aard arr7 and al -'I pre, aztf d�a *. ariadrre ur „ ,&ia^ out. at or La zn7 runner co--aveat*d with tho vork i.�rfornel under 'Mis ao_strawt, or asraed or oacaslasrsd i,a Tnsvl., or in part bY reauca of V;10 preawt *4 X the, r ervg?n Or of 'Ltri proprtrty or #h4 Contraatar, sub- c&atruarcrrs# their rm4']ay~ or a.ginto, "I -asp vr- rr t7r XIC tf ton thr: jprororay -:f sidd Railway Co"gamcr. il. tiros 0- -tnt rwmto r lUr* up r a,ts?;a v th-u - u v.-IL dal arid' at Au a o } s. er;,orwe IM the --=- e " en behalf or SR d ,sai3x.X 'Zwp4a%,s all claj=n or &-u-U foe` _njurJ.es tv pwrar-na or dr vL—.,a to prjp* rt� sriu=r+3 or dm%6j & c...4 of th_ wDrk cprr�-ed an tender thla c,ntxaat., for -witch said FLailvwy C-o,T-Pvjv in ll.rk+l..r a: !.& a11��a4S t-, bs Usb]a. C. the vost-sator shall oRrry rvj&,�7-tr ti,antractcrta :ublio L kb'_11ty Ine2ra- �u1.dL ic,r a 3aAit of not la et.r a ian t900DOU0 sa,r aU dar-4w,ea nx• s rt� cc t of tQa adi * njuriea to or desttt of v:� perwoui -sad subjaat to th=c 3iaib :.pr u n2r p+.raaa, a total 2iadL of zi,ma,cc? for =21 =ia ar.e mrae-ac cum. sf rod-L inrjsx:.rs to "r zinc." of tM or M" perearif In 4v:7 c roe :.ac.tft:nt' suld :or a i 1-f t 0= uGt loL-0 t-wr ,:;X'0 d for ril dcc ;:erne ar- elrpr out oi` c:sak;a to or de'truot-0.1 cS A-.-Q:XL-t' In W* .,cta accident, aerl imbjeat V5 the' Limit., a totLl (or +�.s rep aks� l-aiL ..i ,;lzWU,DOa or all dna tr.gst &ruing out at dnrare tc ar destr-atio2 of i.xvpwrrty d-Lr- 16 t^-e may rei`�od• JI.I, Wuah polidi,.s :.-xi C t-amra`.a, wiaa to mLs.;-n.ad 5r a z".;.4rA.4:jn q,. ;-fiu3 t.c vr-'ta Vx- sa7e WIC 'tste or .ti2W._rtztoa, shell as a Egad 4' sa-d-A!iJrar �C X'y ai t4 t-ta ns-raioe ctd7•arCr w.ltinr r,r,,e,, t-& Q.—* nt fora an° L'vt.1t.A.ce `•paLva£. .-ha .:o:ttrncto-- rr-V-a fpMr.,re e_vt fvrn.sh to axed Lauay .:u ,&nyp pr_or W WtL! kintry .s,c.rY or sae aI 1vd GOMP-Onq's pm..er-ty try tho L;ontrzct-or*, t:..a A-as-rsnor poLtcy, or :A `liawr tharQcf a 4arGif'lod or>py of at; h pcllC;, tngetLWr ►rit.0 an a duraawnt tk,ar*", turdwr t~hc t.r- s air xl.rts the --nalra+.r-a =cr .pany iznAr- a the SdSbilit, &MCU=ed ty the Gon- tra="r nar%--:der, euwstent!aliy in t�sc iora or` .s rsn:sazit at,tach-,d ..err.to and a.ads a , art a*roof. ft*aascrt ant to be t+; five acd + m2m3bfq #" =A 4ml C# add �!' , tt?.tU &a2ww for -'t i;b t uma = pia 3owkWaod f acn oath zt&W d tab tNq waza tf m1bo tind " 626=t* S" # mo" old tb b't s swai attl3ad u the aas• vorEto &"I of said Korkbo= Povu Rauww cvgwv. 33 Vrffl= lei ', I hiss b+ sta "t I' bad Rtd dfs=i sq► oir,�MLa2 ssaa the da]► and year Ust s xsitt�. • s f T. Y!. A : r � • In v;ut a jLa *�f ,�04t�dEt101'ia tea` Sraar-. Lr=1WA 1'e= AMd DMI= i.iss ass Miler Ma1lawy Tra5ftfm- 1. Sway, i_r3ra-10ML Or drain I.taas pasaLag to err railssr tracks shall, bet placed whip top az p i pm not 3-vas 'than rise too" . br lay basr of s•s 1 l i and tap of F l pe as c5 I as tb: s tSs-s* rout baldly botxaw of r-oad,7et ita3i. Z. pipe, arlthin 21 feet 9 r plltis toe Qayth -�f papo, sbrl]• crumf*�-'tea 'ft _Lh inn i7f• L!]a t*11..}riag0 _` �a.es isry Pips -- a7tts-a. &warty, A„,"Iit i-1+.2-38. C�txcrett _ pa AIMM C--76-57T Cle4a LF, 'hall B. circular reiaforcennoasL in circular giPn, fcr plpae installed with ices than 15 raQt be- • twean top of pipe and top of tie. ai_SW C-7 Er-57F dean V. fall C, circular in ctrLZU1sr ptpe, iar pipaa jnsLa11e4 with ga-satcr than 15 feet bctwwCaa tap f pipe and trap of tie, Carragaied Metal Fipe -- Gaugt and coating su-joct to resium by Railway company. OLbcr pEpc mate_1_1 may- be used an upefial. approval of •_ha Rmilwaj Grmparky. 3. For a distmties of nat teas than 2I i_at plus tkca depth of pipe eaeia aide of this caster lino of track croareingv. the joinx5 ire tha piry line shall he pra-ride!A wlr-h at3ltet2a joLnzirag material to M&ko as +rater-sl.arzt connection and of such m%terial tUAtr, ihaec jair.ts will remain tight aa4er rcm4bbd loadr and impact- 4- Errtgetlon pipe lino arosetage ersd ayphona shall be prodded v3r mighout their Iengtb with water -tight joints eapablo of resisr-M6 the bydr"taLtrie prassut`c under tahLGh they arm to aperata. Eitber• lxk joint, Goppflr etrtp, or dabber l,erad type at atendord raaka Will be antfaTaeZOry for caner`et- gy-hon. 716as for sypbona which are La aparnte at :frsetar- than a prerneura of %on ;.�amea per mquasro Inch 2;tLall be subject ttj *pvclal rasiew bJ Railway Enginaaring pepartcxmn%. 5. i3Yader certAla coaditiaaa the Firi awry Capany may raquirn the aaptf �t a2Y eneprseaaxsnt pipe &round the ea-z'le7r pipe- 6- Where warranted by, special local condixlara the Rnilw" ComFeny =By squire an ft"argancy by-pass ,r wsst i-.ray witbin effect ire d fatruic! of the eras eirtg. _ Lh.era 1swa, c133as, or ar.te:ra o. carap:ezcnt publte assihorlLy prasar•Sbe rs higrwr dags'ze of grotaction tbuLa spoairs&d tLcrain, ttmn the hfgbar degrar of protecCSan ao Pseecribad shall Inc dce=*d s part Of the upacir:catirMr not forth its thILS ! zXhl nit. L-3r;'min.-+sfacle t 3'ttliri ,r�`ri'�crTig$.fa8�nts_ Carrier Piet �N. 1 0 Prov4t Waitr Tight ,stints Extra Strength pi Stt NatGs �, TYPICAL SKETCH OF PI PE Ll N E GROSS I MG FOR SEWER, DRAIN, OR IIZR16ATION LIMES ori-sc -.f Chief Zngin�.-er g 6Fua• rtrrt `.rf7rrt SLR Maui, 1[trinnan_s do f� In Vatjf� � it .'t^trembcr 1. 19'S4. ��iflr R �r - Bf In cQrw,,djemti,= of the prey its at ubl h this palter i_s r`ri'kUms It Ss Need tbatt 1. j;AW a"=3fa*jam or paaTision eppv-rl� is +-W- policT Cr in 4tKr IOU- cj.C=W emit att&ZhOd tka "Tm!3-, Ol!A:L tLV-9 derVPWUAV Ser cam► abli»atfan Or llRtdlLt7 aev=med b7 tbd imraT+*4 S!ice( =,mtramt cer r-gx-*Ocmnt OS frrrd&mm4ac!r jmj 7 to dr deStruettaS Of pr-OPeKrtY fsecupled or 'sod bsy, or in the clae., cmeDtirW or'eaatral of the ULcured is dal.cted, 1xti ort27 afa rwspemits thm t: _-=trsat c mtiered lrtto bat;wmem KCNZFAL= car F=0070UMM MOMM &Ed s da #ed a and the ly=x-In g argrec=mnta aX% 1-~"J-eb7 0Xtead&d tc cv*ar tb* Obligations a.ssvwd b3.r the ¢ontrractar .>=%r t23 term of the rQl2P A--W AraVl--210r= !Of faaid conlrWets "ame Con trfee tar atsil_1 indGs=#-f7 and ae7* iULTMO••_ra ttr GiorthMrt P+ae•;Lric R II,�My 00"U' ti— nr7 :rmd :11 claifts, nLitej lossemp damages or exqmwma# acm accotmt of iMSm1e8 :.o or death or frerkr and all peraar>_a wba-_-wyer, ir+ClsAjzK the Cantr-etcr, aubcantrsc- =cra, eeraloy'eas or the Contractors nubcasstractoms ae." e)L sal pa.iltta y Canny, atxa sin y a-nd all prc-ge rt3r dzznm ge, a l ll a i rs; c r ink; out 4lrR [rr fn a=3r =anrfes' c�:orawatasd with the work performed lmderr ttds Con tract, ea- CA%Isa3 or occasloncdin whole or In pwrb; by raason ct the preaarfee of the persor} or of the r_aerty, of' the ContMatcr, arubc=tzactora, tb*Lr enployses or aZants, upon or in pr clmtty to the PZFeTtp ni a;ld Ra#1xaY CoWPafCraw RRTbe Gontrzctar :�mrtha- arnat-2 t`fat it.r:.13 ?'efend, nt s#s awn 02.,,arsaw, ism the rfnab and cn b hm'lf of aaSd RAilwAY 002:3r+afny, all claias, or snits ror injTzriea to persasms or da-nage to properrty xr5minp, er Fr-v t g out Gf tr�e ur-rit camriod on unrZer th:a cantract, "nr whiett aald CcL�"Y 3n liab ft, or is alleged to be 13zLbles_n 21, the Flo: Lbe#-r. rkc3[ic aii{way' oomp=y� ApcL any other ra,lroad ce?rfpany or coapardCa herctatore ofr h4- e % %r gTarrt*d ttrc joint ewe of t!me Fiortbe7-n Yarirjc Railuay G "rfy's p"perty arQ named as addlt3anzl irvurcd3 mnriar t3zis policy, but oril3r a3 r;-apectm the coveraa*e requlred bV the above con- txactl 3. 'he cancajj-&ttOn period p-t-nvfded -for wi-»cr tF+1s policy shall be extended ;.o X ► but only as Mtpccta the coverage required by the above cc^Lract. blue: nit 40r? ti in VaufG fid.j Fa it— t";-- ea-ro eF Merv, tMEaT w C0444 r h,.d'rar C- .m/4,lk it w7l Y.cUl o17 qF 4r Due, 1N. W4WSW-qk 9"W" ND PUGS SOUND POWER Z LNrPK m.wiftm an mwmw�m PO&M =.aa bd..j"q P'.PWIV SPLmhod ka *0 C*U'*V of Sk" of W north 630 fact of the South 660 feet Of the Morthamst 1/4 of the Southwest 1/4 SeCtlon 3, Township 23 Pbrth, Range 5 East, W.M. lying west of the center li-ite 4alm Street produced north and east of Morch*rn Pacific K&jLw@WY,, Less the rest feet Less the South Z26 feet of the east 161.5 fe4t thereof, and Less the M -1 ISO feet of the west 131-50 feet ttlel-09AA 40 gar me PF wid vheowk IVe b 60 komm" m - poked -Yvef Olt MMEt 30 feet.--. above described property. G.. for e— purP .'.'Wd and T11-11 be "'Pon.*jS .or C'on..aw on r Th*w 5*rmj sF.a1$ be bi%d" upon rk* L,rcc"rt z vnfi tA *m reLpdit• Ii� ;nL.r4l' Cw 6 4--b-d d 0- -iW,- and Iw."" ir— —d .-d do94 #9- th- end P-qoees 19 Oc o4 -id n0•d .-d ."1 1 1 uo d cc� rMW7 OWS, C_O*y A IFASH kMGTOil NATURAL GAS COMPANY EASEMENT L'V ' Cr` Michael P. Laux and Joyce M. Laux, his wife C'V The Grantor F_ '�,1"1 - - . . p� in consideration of the smo of One Dollar (JIM) do _ hncby grant to WASFiCVGTON �iATURAL GAS CUNPANY, a public utility corp"ation. an easement for a gas pipeline of pipelines under, over and across the to] loving desctibcd propertY of the Grantor to -wit: An eassasent 2 feet on alther side of a gas line as installed and described as h follow: lfegituing at the southeast corner of the Hwk of the Strk o: section 8, j Township 23E, range S EUX; tbatsce west along the south line of the NYk of the $Yk a distance of 461.81feet thence north a distance of 30 feet to the true point of beginning. Thence eontinuing north a distance of 254 feet. ALSO an easement 2 feet on either side of a gore line beginning on the line described Above and 215 feet north of the north right -of way line of 6 Avenue North and extending westerly and parallel to paid-6 Avenue Forth a distance of 97 feet more or less. Situated in Icing County, Washington. giving and granting to said Cornpany such access lights as may be necess"T foi the in ssallation, opentioo and otaittten care of such pi pe Sse or lines; and, by the acceptance of this euement. Washingeee Natural Gas Company Agi"s to install, operate and maintain such pipeline rx lines with the least possible iucoavcvience to the Grantor _, sad agrees to hold the Grantor — harmless From any loss, cost or damage resuliiag from the installation, opctation or maintenance a such pipeline A lines_ Grantor agrees not to erect any suncrures on said casement" DATED this 14tis day of November 19 73 , Michael.-P' . Laux _ "JI OF %ASMGTt3N a JoyceL� . t-a PF i .1/a�T7 14th day of November 19 73 , before mr, the undersigned. i,, �u .--a NOS$ Pibkic, duly couani sbinsed and sworn, personally appeared '• Pu,, ,, A%: a Michael P. L ux and Joyce K_ Lotus -V sr 31ta`rtrC� to the indivAnal @ d&mrihed in and who a uted the within knd foregoing instrument, �pF l �ledacs said iasu-o.cal to be their Irte and v 1=twT act.and deed for the uses s„,�,�tpduses therein mentioned" i [N WITNESS WHER OF. 1 have bcremto signed my mate sad affioted any notarial sea[ the day and year in this cm i5 care fits[ above wti tEM abut ' and for the State of Washiagtcar. - rewkf 0 lll� V WASEIING70N NATURAL GAS COMPANY EASEKENT The Grantor_, C E U invPPnt Co�aJ22 in of the sum of oneStm.11- ($1:00) do— hereby grant to WASNINCTON s consideration NATURAL GAS CCHPANl, ■ public utility corporation, an easrment for a gat pipeline or pipelines under, over and across the following described property of the ' A Ltantrr_, to -wit: The West 10 feet of the South 2SO feet of that portion of the South 660 of the NW 1/4 of the SW 1/4 of ? Section ',, Township 23 N, Range 5 EWH, King County, Washington which lies north of the north line of Korth 6th Street between Pelly Avenue and Rain Street (now 'Fells Street North) I' L1 k 0 0 Co giving and granting to said Company such access rights as may be necessary for r If the installation, operation and maintenance of such pipeline or lines; and, by the `j acceptance of this easement, Vsshtngton Natural Gas Company agrees to install, i r operate and maintain such pipeline or line■ with the least possible inconvenience to the Grantor_. and agrees to hold the Grantor harmleas from any loss, cost or damage resulting from the installation, operation or maintenance of such pipe- l line or lines. Grantor agrees not :o erect any structures on said easement. DATED this day of r i' SPATE OF WASHINGTON ) COUNTY OF ) t On this _ day of f .19_j before me personally { appeared C` r[ e c- c '-f to be the of the corporation that k executed the within and foregoing instrument, and acknowledged the said instrument to be the Ere* and voluntary act and deed of maid corporation for the use■ and purpascs therein mentioned, and on oath stated that he l•� authorized to execute said instrument. in VIDUSS WHEREOF, I have hereunto set my hand and affixed my official Beal the day'ind year first above written, Notary Public in and for the tote of i Washington, residing at IF W::. iris 11 � 1% =XC1SE Tt_/ NOT i7EQUIREp EASEMENT FOR ONDERGROUNU ELECTRIC SYSTEM j',�f�t Co. Records Division MICHAEL Ft. MASTRO, 4-Grantor" hereiM. grants. conveys and warrants to PUGET SM%ID POWER k LIGHT COMPANY. ■ Wushington corporation ["Grantee" herelnl. for the pu rpxesheminafter set forth a perpetual easement under. across and over the following described real property line -'Property- herein) Kj ag__-_, County. Washington. ---A That portion of the south 660 feet of the northwest 1/4 of the Southwest 1/4 of Section B, Township 23 North, Range 5 East, W.M., in Icing County, Washington, which lies north of the north line of +4 6th Avenue North and between the centerlines of Pelly Avenue and o Main street "now Wells Street North" produced north; EXCEPT that portion thereof conveyed to the City of Renton by deed recorded ` August 19, 1971 under Auditor's File No. 710819D352. try bccept as may tie otherwise sal ford[ herein Grurttee's rights shell be eseKlsad upon that portion of the Property 1rh4 _1 "Right -of -Way" bere3n► described as Inflows- O A Right -a -Way 29 feet in width havug feet of such width on o each side of a centerline described as fo[lews: Within the west 60 feet of the above described Property. I1� lT 10 5a aµ RECORDED KC REC(iR6 _ 1- par"Pn Grantee Shall bane the right to OOastruct. Operate. malatain. repair, replace and enlarge an underg;roamd electric transmission aud'or dlstribudoo system upon and under the Right -Of -Way together with all peceue y or convenient tppu ezumees dherdor, which may Include but are not limited to the Following: underground cool tiro, cobhs, Cnmmuolcation Lines: vMdts. manholes, Switches, and trsttsTormers. and semi -buried or ground mounted facilities. Following the Initial coo- struedco of Its facilities_ Grantee may from time to time eonscruat such additional facilities as It Away rewdrn i 2. A Grantee shall hate the right of access to the RightbF-Way over and across 01e Prtperty 90 enable Grantee to exereiu Its rights henatnder. provided. that Grantee shall oonhpertate Grantor fa eery damage to die Property, caused by the [¢arose of [add Fish- or acoesa 1. Ghsnuctianw. Laassc>piag_ Grantee may Irom time to time rove trees, brsbes, or other obstrUc&Wns within the Riablof-Wsy and m+y level ura grade the itighr-of-Way to the extent reLwpnalAy necessary to [Orly out the ptrposps set forth in paragraph I hereof, provided, dta: Following my such .cork. Grantee Shall. to the e=tt reemoably praedcable, r*s re the Rlgla-a -Way m the condition it was immediahely prior to such port Following the ftsniladon of Grantea's wdetpmod facilites. Grantor wry untlertaat my ardlrulfy foprovemeffs to me landseaptug Of the Righfof-ylfay, provided taut no tree or omen plans shall be placed themes which would tie unreasonably ve or lnpractical for Grantee to ransom Ord restore. L 4tattor'4 Doe of Grantor reserves the right to use the R1.gbt-of-Way for any purpose not iocgtslsteet wits an r[bts beprda granted, prodded: tha[ Grantor shall not twu=uct or maintain any Mdjwm or other wnocwre ut the Blinkt-d-Way which would luerfers Fish the exercise of me rights herds traftwd: that no d1m0 , nawwAing or offer feuta o[ cpwstruntioo mdvfty abed toe dine on me Property which would dlswrb dun aoapaouon or unearm Grantee's racitilles ou the IRNW- f-way. or endaogar the lateral tag>port to Old facilities, and that no hiasdog shall be dine within 15 feet of the Rldst-o(-Way- s_ la/eatei4. fly suing and recording this east. Crptnree agrees to iodemplFy awl held barml &- ;;rentor from amy and all claims for danaayes aufxered by my perm[ winch may be caused by Grantee's anetzlse of the rights ba eln graneed: provided. that GrOutee shu1l not be resports:ble to Grantor for my damages rematiog From injuries to any person ch used by sots or omissions of Greotor. S. Afaushmva d. The rigs herein granted shall comirwe .mill such time as Grantee omses to use the Rtght-d-Way for a period of five (5) aerocealve year's, in whlcb evt1 this easement shall terminate cod all rights hereelngrwr shall revert to Grua mr, prov$dW than. no alnuavicasnmt shall he deehned to have occurred by resson of Grantees [allure to biktially install 1ts"f+�.-tn ar�tC Righter -Way within my Prriod a time from the date hereof. 7. SOCI a aors and Aaslprt. The rlghr.s Orel obligations of the parties Shalt more to the benefit of and be binding upon tbe� treyetrtYerslttcessorc and assign bATEP this 1 Q 1-h day of . 197 2 . - GR lt'+TOoT 1-05. ,l - (foes p FILEC] FOR RECORD AT REQUEST OR JJJ PUGET POWER REAL ESTATE DIVISION Y P_ 0. BOX 868 RElLEVUE, WAS MGTON CAKM Ai'[x:NT&( H. F-AIS I- BARER STATE OF WA9-ItNG7VN CWNTY OF KING sc On thla day pursnnakly mppiared belare me ,ICHAEI-R_ MASTRn _ _. to me kWvn to be the kndWiduel _ deserlbad in and who eaee tad the wlthln and [orettokna inukrum es+t, and ackroerlaftead that bn_ siVed the tA~ as h i s free and volvotarg act and deed for the uses and pu rpo6es therein menrloned. GTV EIr'UNDER MY HAND AND OFFICIAL SFAL thls 12thday of _Ak�— kg7Z. ACrT5&Y PUBL.fC I and for ile State d Waahir, m, residing at Bellevue cn srAv8 bF wASHINGTON L70 on 03U — hey d . 12 before me, the undersigned, personally wpasred O and , to me known to be the and raapaLivaly. at , the corporatim that Qaatud dse foregbInL knstromvet, and atkw-l- adaee the Bald Inavumeat To be the free and %oau.uwry ect and dead of said corporation. for the user and purpose, dsereta mAwdaned, and as oam atatnd twit etthortaed to eaea+te The said lostrUmsot and MzL trio soW afffaed It the corporate sW of said oorporatloo. tafllT = MY HAND Alm OFFICIAL SEAL berrm afrxmd tiro day and year flrat Wore wrtuU0. NOTARY PUBLIC la and for the 9gr[e of WmhWeton, . reddinR as I'. E A S E M E N T THIS INSTRURENT. made this 10 day of August lg 77 ; by and betarten Michael FZ. MaStro and Joan Mastro and ; and ; Q and �? hereinafter called "Grantor(s)." and the CITY OF RENTO%. a Municipal Corporation of King County, Washington, hereinafter called "Grantee." VITMESSETH- t1 That said Grantor(s). for and in consideration of the sm of s aid by Grantee, and other valuably consideration. do y ERse presents. grant. bargain. sell, convey. and ,warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including rater and sevar) efth necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: A. The East 15 feet AND the South 15 Feet of the North 80.5 feet of that portion of the South 660 feet of the Northwest e of the Southwest % of Section 8, Township 23 North, Range 5 East, W. M. King County, Washington, which lies North of the North line of North 6th St, and between the center line of Rally Ave, and Main St. (Now Wells St. North) produced North EXCEPT the North 65.5 feet of tee said East 15 feet_ 6_ A 15 foot utility easement in that portion of the South 660' of the tqVO4 of tha SW'., of Section 8, TVVP 23 N.. R 5 . W. M. , King Count-, Washington, which lies North of the North line of N. 6th St. and between tF a Center lire of Pally Ave. and Main ' St. ( Now Wells St. Norm) Prock�ced North, which center line is described as follows: Benirning at the Northeast corner of said 'tract of land; thence nth along &4 east line of said tract 172 feet; thence west parallel to the north line of sa.ld tract 75 feet to the true pointof beginning of said easement; thence South parallel to the srtid east line 360 Feet; thence in a southwesterly direction go feet more or less to a point on the south line of Said tract which point in 108 feet more or less vost along the south line from the southeast corner of said tract of land, said point is also the terminus the said easement. Together with a temporary construction easeftwit described as: Said temporary construction easement shall remain in force during construc- tion and until such time as the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee but not later than Wing Ga- R.ccrd� �i�vision # 6y t Said heretofore mentioned grantee, its successors or assigns. shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of construct- ing. maintaining, repairing. altering or reconstructing said roadway and utilities, or making any connections therewith, without incurring any legal obli�z:ions or j liability therefore, provided, that such construction, saair,taining, repairing, C altering or reconstruction of said roadway and utilities shall be accomplished in sect+ a manner that the private improvements existing in the rights) -of -way shall not be disturbed or damaged, they will be replaced in as good a condition as they ti were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy thi aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the roadway or utilities. however, the- grantor shall not erect buildings or structures over. under or across the right-of-way during the existence of such roadway and utilities. This easement, shall be a covenant runnins -with the land and shall be bind- ing on the Grantor. his successors, heirs and assigns. Grantors covenant that they are the lawful diners of the above properties and that they have a good and lawful right to execute this agreement. and U �_% -/X-Mo and ---and and STATE OF WASHINGTON COUNTY OF KING { SS I, the undersigned, a notarypublic i�- and for the State of Washington. hereby certify that an this (day of �ftUfT _ 197_:Z_ personally appeared before ere and r3.r.. _ 111,Osrf2 and _ and to me known to be Individual(;)sc- ie in and who execu ore go ng ns rument, and acknowledged that fi "d and sealed the same as free and voluntary act and dew o uses and purposes therein mentioned. { � c . an iia nyton . i d1 n9 at a Mir i8 i JL3 pM `T7 E A S E M E M T RECBRDE9 ILC RECORDS THIS INSTR1.N' NT, iaadt this iS day of Saweaber 19 77 : by and between 1410hael R. [Sarntro and Joan Mastro _ and — — and . and - -- -- hereinafter called 'Grantar(s)," and the CITY OF MTON. a Municipal Corporation of King County, Washington, hereinafter called "Grantee." o WITIIESSErT"H: 0 That said Grantor(s), for aced in consideration of the sum of S 1- aid by Grantee. and other valuable cons derat o on, y • presents, gran argain, sell, convey, and. warrant unto the said Grantee, . ,. its successors and assigns. an easement for public utilities (including water and sawltr) with necessary appurtenances over, through, across and upon the following described property in King County, Washington. more particularly described as follows: : 4.1 Tfta least 15 feat And the Ileet'. 30 rest of a than Pert ion ar the Sotath 660 hest or tlxa ltv�`ttz,aast } of: "ha South vast j of $sctlon 8. 'rawnshlp 23 Youth, Rwzw" S 15smt, 1e.1S. K1^9 cc+o=t7. YaushtrLKt0n, = sue= whlah I -love Mcwth or tho Ranh line or lbiarth 6th St. npd between the water 13na or PellT Ave.. &pet !tale St. (Vow VoILIe St. North) ' = p e.adR Worth 1t7[cPt n the Nvx-th 6-5. 5 feet: of the Mauat 15 uexid the least 30. liner ie f as rM 77 ---- - �C9RREd KG RECii9tRS —A Together, with a temporary construction easement described as: Said temporary construction ease�ent shall remain in force during construc- tion and until such time as the utilities and appurtenances have been accepted u for the operation and maintenance by the- Grantee but not later than F `_`� 1% EKCISf TAX NOT RE'aUIREE) sw r� �ti.. alY Said heretofore mentioned grantee; its successors or assigns, shall have the right. without prior notice or proceeding at law, at such times as my be necessary to enter upon said above described property for the purpose of construct- ing. maintaining, repairing, altering or reconstructing said roadway and utilities, or making any connections there"ith. withoilt incurring any legal obligations or liability therefore. provided, that such construction, maintaining, repairing, altering or reconstruction of said roadway and utilities shall be accomplished in such a toner that the private improvements existing in the right(s)-of-way shall C3 not be disturted or damaged. they will be replaced in as good a condition as they sE} were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the afavedescribed premises. including r— the right to retain the right -to use the surface of said right-of-way if such use t- does not interfere with installation and maintenance of thee roadway or utilities. However, the grantor shall not erect buildings or structures over, under or across the right-of-wayr during the existence of such rvadwai and utilities. This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a pod and lawful right to execute this agreement. ticr7_ o�. d and and and s�-TATE DF .i1�I1157C3ti ) cp1ArT1l%v�'iC`['t��s`� Ss to t7Se jundersigrred. a notary public in and for the State of Washington, hereby certify that on this 281ay of November 197Z personally appeared before we and - ZXI*b"l liwatrD ; and op ; and — - -- - to Me kncWn to lie in ix ua sc -e in and who executeforegoing instrument, and acknowledged that they slaked and sealed the same as tbalLr free and voluntary act and dee or uses vW purposes therein mentlooed . Koury Public.na for o Washington, rasldi at seattle 44 '■ r CIO _ rfLtU for Recard at Hp_quest �. Gi . =-ram.---. - _..�� - - ---- - - � _._ - ,- ...-... .,.. �. _'__^-s-`-"-�_-• — . —:r.'�t'rtittr`s"r4v-•'Eia'^�'4X=:R?R�'�" "-`3`,"-"c-��3�'. r— _-•-•-�r?��:.= _ r. rr,��"}rx,-:.,.:s-e'srr^� : �-�-.�-.+r�-�r�"rz-rff:-�%`��r:+?r,..:?...� ._ - PKANOT EAtiE11ENT - -. _ _ - _ 1-or wid in m „I one I'"4k.r Itl tlul z D J ".h,-r �alu,rhle e,m, tdCI Jtroc. th;r 1"el pl tr' CITY OF RENTON, A NTMUCIPAL CORPORATION. 1-f_rraciter he -rein). herc:K grants. com c« and -Aarrarn\ to Pl ( i F I sOt`N1) M I % I R c I I(iti 1 (11 tii P-t\1 . J Nd_S1rxLRlrIYCEWVK+r.Irinnt�Urr_ntr: 114•rcl0l.lorIhr utw�r%L C,hc:;,na,tcrKiItrth.:r<1Fctuairascmcnin+cr.aLnt,.•and . - tt7ldet tttC Fullu+cirtg dcscrihcd oaf pntptrti 1•�nt`Ptopertt"htrCtnl ir- _ R�!aG - . (lW n11', Wa�hingwn: A.porti.on of the Southwest 1/4 of Section B, T ship 23.North, Rage 5.East, NM.; situated in the city of Renton, WashAngton, f] morepartimlariy described as fallcVs"-' Beginning a't a ,00i_at" on the CD - west margin of Park street in the City of Keaton. 50' north of- the 11, PS: E. r�rnp� of Block B of-, Paton E'arm.-elat; .tkKimae ac3g':ih. = said ws a hee-. rf.Ai, west and par ei tte file - centerline of -nth Ave_N_ 257 feet more or lest to its int'ersecLion _ n with the centerline of Pelly Street extended nort>Z; th-n south along said centerline extension to a point 30 feet nort4i of the - centerline of 6th Ave- 'N.; thence east and parallel'to the center of 6th Avenue N; 257 feet.more or less to the point of kseginning, less th4e south 165.0 feet of the east 1C7.5 feet. ' ENeepl As ntatbe olhemihc s:1 forth hcr(-in Grantee', r)ehls hall be c%cr6,vd upon lhal port.on at the Yropcn} (the "Right-.+I-�tay` ter-:in1 dr.:rih�d s, tq,n- A Ri�hI-of•11 :f,.- �Q icr! .n r .J_ a_ 5 h :1 ,d ,uch u u:th t;n each .ids l a rrrrlcrhnr dc.cnhed a. ltillcu,: _ The centerline of Granter's facilities as constructed or to be contracted, extended or relocated lying within the K south 40 feet of the west 150 feet of the north 150 feet of the above described Property. =: =_ 3,�t�4z1I h �, 1. Furpose. GrancR: shall have the right to con,trud- opzrate" maintain_ repair_ replace and co'arge one or more ticctrie transmission and or distribution ling mcr and or under the Right-of-%Var together uilh all ncc_aarc or con,enient appunertaners thereto. Which may include but are not limircd to the following: a. Overlaeiiid fveltiies. Poles and or Iou rr. +rich cro%,arm'" bracts. guys and anchors: elertrie ttan,tnisnion and distribution lines;corrlmun" ion and signal lines: transfarmers. b. Uadetgoand fiadities. Underground conduil5- tables_ vaults. ntanhofes. switches and transformers; semi - buried or ground mounted facilities such as pads• lransfOrmtrs and swi.Ghh. Fnllowingthc iai[ialconsrrucrion ul its facilUICS.60rttcc was from time to Iimc ronstruct such additional liresand +other facilities as a may require. 2. Access.Grantee sl+a It have the ri Chi o(acces+ to the Righ,of-Way over and across the Pro pen y to enable G fame¢ to csercisc its rights hereunder. pros idcd. that G, amee ,hall compe nsatr G r inlor for any damage In the Pro pent canoed bt. the eterei,r of aid right of aettss. i. CrQ6.y of 7rt t Grantee shall ha+c tl-c righl to Cut nr trim any and aB brush or IreeS standing or gnsu ing upon the Itighl-of-Way, and also the right la CM nr Iran any 11ttm, upon the Ptoperlti &hici•. in falling- could. in f ranleri rtawnablc jW DctW!_ be hazard to UCaol.c's fZ666c5. _ 4_ GrsNtwrk'llse d. f-nFR'a}, Grantor rescn•ts ehc right to use the Right-of-yYaS Sor any purpose not ifteorsMCM tiritfi the ng♦tts heicur granfed_ pros.&&. that Grantor shall not construct or maintain any building orotftcr stretcture on the Bight-nf-Way and GrantM shall do no blasting within W Leer of Grantees facilities w it hout Granret's prior NTittcn ceresent. _ 5. Wdtriiia-i". gy acttpring and recording this cAs Incnt. Grantee agrees to indemnify and hold harmless Grantor from any and aIt dafmsfor injuries and or damage suffered by ut.r person which may he caused bythe(- iraniees - c1teTLvt of the righfs.berefa granted; p, oyided, lbba Grantee shall not be responsible to Grantor for any inyuricr and or dafna io atrf poop tat ttcQby acts ar n hissirnspf Grantor. - - 0- A T�tt Ft�hcrrirt gren[rd steall eonitinrrt umilsvrhtinstac Granterceatcs to usethe Rien-of-W-at _ter;peio u[tVc�Sj tE raiMinwhechctantthis easement shall lcrmmateand all rightsbercunder.sbaU iota' Gaaeux }aa s i Silq a dnptrrcot shah be deemed to have occurred by rosors of (iriiAtt5 faifr LO initiaf y .irx,-talfrt faa!>iies on vriihin am Pciod of time from the date hereof. It. 1518 , 653931 - _F'�--77.:"- '^-sy^ :^maser,^ s- y�r...-rr.,r." �- ',-"tea:- r-, �*^. �:,r•c .� , ap5'e' r _ Socceuurand AL.%jec . I hr rrcril..r nd �rhr��,;; rr <r. ..: rtot-i''r l•: • ,�ri" rrrurr tr• rix hcrrr �; ,n end 4w hrnJrra: 1pt+n . ihrtr u:%:Tk anrf r DATFD thi, _ � ` --- da+ ut CITY- C3F F M'_N BY : 6t� Maynr , 7r i" Clerk STATE CWWASMISGiCati ) Ss CC)11+:iY OF 1 Con ihis day nafly appeared hcfrrrr me -, hf to me knnLLR to be the indisidual �dc-sr.ibed i> and %hd c..xrt,1ed the within and fmcg,`ine .nxlrumcm. and .. » CD acknawlcd dthat _ •iynedihr"�+mt a. +. rer and+nls:ntan'anand deed fnr th,t__�entl purpr+..rs therein rnentiorwd. - . under rtr. "- -ZS and ollitrsl .cal chi, dat \atar> Public in -rid Iry the gate of Wa.hrnpon. ' dine at . ' STATE OF kkL.15i-SI�GTD\ t coa s1 v ol- t On this d " ptnrnalky appeared hrfrrrc me ' - t^ tnt known to be the indi%idual —Je csubrd in and -rho exeemed the uehin and foregoing instrument, and acknov.'ledgcdthat signedthrsameas free and tttSuntar}'atlanddeedfor theuze and purpnsesihcrcin tncntiorted. - GICFY un&r nn hand and official car rhi•.—_—das nF 14 _ - \oian Puhtie in and fos the 5ixtr of l%'avhingtt n. ' = read1ng at STATE OF WASHINGTON I + •= SS CORPORATE ACKNOWLEDGMENT COUNTY OF KING On this 24r day of JLu11 19 81 - before me. the undersigned_ personal;: appeared Barbara Y. Shinpoch and Delores A. Mead to me known to be the --- uat'or and regret ittly'. of CITY OF REN`POii the eorpermion that executed the foregoing instrumen'-. _ - and acknowledged the said irtsirument to be chr free and voSuntary act and deed of said corporation. for the use and purposes therein mentioned. and on oath staled that __.__t,b&y aria authorvcd to cxecutt lk said ir-Arunvirit and that the seal affixed is rher for nrarc seal of said cor ration ` r pn Witncrs my hand and officti8l seal hrsr?o affixed 1he des and year first above %rit`tn. - - :Notan' Public in and for the Statr of Wa68ington, - '. etsidingat - RenrOA :.ED FQI RECOH ff REQUEST 6F :. 211 EASEMENT ORIGINAL Far mad is mllsiderafloa of oar DcMw (SI.00) and alher ralualsae cvocidcndmm . lar MMP of Wbicb is hereby WhM0WhdVrid. X S-1,PRQPSR'rIS5, a Washinakonsa}..e nroar F---114pyg t-- SIDE &SSOCIAZU, A HgAbirigtOrk o _Deed of TrustF MICRAt:4 R. MASTRO, as benefiGary of Deed of Trust _ ('Grammor l.•e=4. hatbr atMz, coavep end Aam-s to PUGET SOUND POWEP, d LIGHT COMPANY, e Washiapon wrpomtioo (`Gmntoe'bori;i), for tic Purpose 6ar4-a11rr sea forth~ a perpesual raxmmt o.ef, at"M and tmda the faAosi 49 derrtbed reap PmPaTy (lbc -Property' berm) in Cotatty. W"hiagioa: T'bat portion of the north 630 feet of the south 660 feet of the !lorthweat quarter of the Southwest quarter of Section 8, Township 23 North, Range 5 East. w.al., in Ring County, Washington. which lies between the northerly extension of the centerlines of Polly Avenue North and plain Street, now Wells Street North; EXCEPT the south 12 feet thereof. a - MRWAT2REQUEST OF. Ro"7 B _ RE -CD F 8.00 40 j m 6ELLL'tiIJE, LYASHiNGTON 98009.9734 Frs=pa as may bt orhn+s err tone hseia Graa•ect rights shalt be exercised upon that portion of the Property Itic -KW%tbFWa7 berciQ d=nbed as followr of-*ftwem6wrdetribmi-m4ta rr 1) The south ten (la) feet of the above described Property. 2) A right of way ten (10) feet in width having five (5) feet of such width on each side of a centerline described as follows ccmxmencing at the southeast corner of the above described Property; thence aloag the south line of said Proeprty 17 feet to the POIbl? OF BEGINNING or said centerline description; thence north parallel with the east line of said Property 1S feet to t}ie terminus [ thereof. -XCfSE TrL,v NOT REQU1FZEp �"t Da. 8etorjs 17h.:Sea1 —�� • �tft7 1_ rwrps Graelec Shia have tic right 10 .`-to-do oPQ mate iq repair• replan aad -dar8c nee a mart 1, decrir ftae:mistiam and:a darrihrmoa ins o-+a, a.d or adder the S._sb--af-War cnpr2hcr -kh on or carrS icm appara:macss thQela_ wbk may id -id bar a,e en Ord to the foibwiar j ! a_ Overhand fad Poks and, cr larva wvN crawzru s- brace, go" and anchors` da=k aid d saihsrioa ctiima rtiar.:oa and w�l Gncc eraasformesz 1 bL lu I P a focllr , l;adfgrooad ceodtrsS oafs ream —VAb s' swkcht ad ummao scrs; Wmi- 6aried or pe®d moavneQ fadfrin Suds as P.W. aransfwaes grad 1 r-osuwiacthc iaa W cDuvxvct;aa of es L—vrwe , Grxnree may from lime to time eomZroct wchwdcufw�j r� and uin faces as i owl re4ose- 2 Aayert.C.rarRrrranll hrnctbc+ig7n darias mshc R:gla�{-waY cvG ae,d auestie PxopcsrlFmeas4lc Graaler:ra mene i rig} hacawdsr. prori it& dot Grantee risaa rn paraaae Gvaauw far awx damagx ro thr r tv4m a4Sri"the mac Of =W ng= Of acccra `� 3_ LYYK �ear.Gsr>yee dash haverSe right ra curl err trim a� aad a!! Iw-asas a races snndmg or Formic tie Rigfsr-vFWmy. and miw tit rigs to nut or vim sty ►reee epos tie Properr' which, ie r. nine. aanld, is Car+a'a's reaao�bk jnigreeL he a lnad to G.Mft*t f'v7itiec 4- fq�ritera[1tf+rFnF#'�.Grztlnrrrlrc rigla ro Brie ltr'a4Ma7 fQafls�Pt+tssd iasd w-&1b-F3 AZk13 vrgaaa+e+LproaiddtearGsaatorARK dotcaerereiofetai�aaybm3diagarattrerM,.:Uvcnetie R*%";FRfara W Gnntfof AAR do eo hsstie -V&M 300Im ofGts�cr'S ies+ihoa[ Grttrrrk W. w t'as c+»� 1 S_ lndraars_ - dywenept�wg sad rrm+diae its n,Q=acAL Grwareeagsees to iademndj red bold WnWk sGsavrorran� awyand a ti�iratrfw iyrriaard; ix da�tm mgcrcd bigamy Peru* which ray be canted by ghe Gram'& incite of tie rigid boa. prwidrd_ Lb- Greaec --" nor he —pabiale:o Gragmr far*" iwpris► rrdl er 4wmr 10 wq berate canned b ws er awr;ons of 0 a . fi aaiW mcb ti w asCMMLm amm w we the l.VW,&wey 4 fnr ■ rpsd d fine (5) taNIZZU01c fears i■ wb Lh crtm thia tteaarK rich tmmitimoc and chi ROM bOxvndes Oa7 nsvf m C.eatsait Provided. der asai�doaaoa a.r ba desrd re knc asated by ,sane dGeaarerk raBmc io istaax ,w,,� t it fiaeirri a ua An sjgh&6& as WaJoin any pa'+a of time brim Ut dare lame[ M--2163 [T,21 '�aa� 4N2i123 Z35-28,31 7, Sobma MA Atdp,,The h&W aad ObLVuoo3 of the pen= tball Larne to th t beae u of aad be bindma upon O.W4a pvWw mw9mm ury�Q MOVOL FATED dais of f y B 5 a Gi�A�iaB . � a i a8 - i 8 n STATE OF WASH[NGTOFI ) c at s to O SS H BOUNTY OF 7e-,w ) tiOn the dap pm%Dw& y appmW befoaF me _ MIC HA+EL R. X"TRO — — - - fl�t� to we k=r a to be tfae iodrAdual_dcsmbcd is and wbo excourd the Wawa and f iostrament aa�d Gp ackru -Ud".d doL s4wd the same as 9 to .and vdttotary ats aad dead !tx the om�3}�c+R!e3 GIYETi trades ml hamd aad offtial sal th6 -�'^ �'l of t -- •.--��- _ k L •yam -: ;r Notary Public Ia and for the Stan or W ` rmdtoE Y STATE OF WAS1[L%GTO`< SS C-ou%TY OF On this dal pmsosaW appmrcd bdore me to on kx*wa to he the w4mdw1_-_dk bcd in and who axccuefld Zbe %itlua ur! foce9esn9 :ntuvnn=L and adkppalcdVd LbaL—u ...d the and vdaurarl act sad deed for the uses and prtep ow s thami nonfiooC& G1VIN u dff my hamd aa-! olf nal teal this dzy d _• �„ . !9 %weary Pabbc m and for the State Of Wask..VO.L tem&oE +d STATE OF S7 sit1-.GTON ! SS C0t2POlt &Ir < ACKNOWLEDGMEVf cous-ff OF On tbm - v of . i9 bdorc me, t1.e *md od_ P---Dy s V.c d ro me know [o he tbe. the mepormam that emea the funWdg sntrroaea and P;kmo.ded¢1 the o d aat>mew to be for ["e aad • olmtatp a i and deed of said corporaaiaiL fa thr m wed pteposcs dwmm cmamdoac& and as oath drat tha7 avt6Qimd to cAcc w'bc M unuvzmm sad rhal the tat -° Lxcd s the r-nrp- u soh of said corpmxn mL W-amew my haad and oSaoad sal haeio affixed tke day and ror Fars ahwc +rater % ar) PabFis iP tad for Ebe State of 9t'aaraagao, resi fum ad OF W-ASHINCT(M SS_ COD= or KrAG On this 27rh day of 19 before me. a Nat&X-y Publlo in aid r t-he state Of washing -tom, auly commissioned and warn, pezvoua.11y appeared s. nck vhy�y_ to me E-_kor� --o be genera l partner ) of aS&B ,BEl ASSOCIATES r a Washing-tori Ge-ner rstj_p, -ho �L-Cute�-_ azle Ij Ole VIERA any roiWgolng i- - acknowledged the said imstrument to be bis free anti voluntary am and dead as for the *Ses �u�pvz�poses therein mentioned - official sP-a2. the day axLd year in this certificate 0 Notary PUDLa-c :Ln and for the Staz= G± Washing -ton. res±dlng at keuto . . . . . . . . . . -,7D AT REQUEST OF_ 973, I STATE OF UASHINGTON j Ss_ COUNTY of 1 �r Rn this ! day of ! .19 95, before me, the unde�rsign�, a rotary public is d for the Stata of ttasfington. duly commissioned and srmrn. Personally appeared EUGENE HORSACH .to me known to be the individual described in and execut t e within instrument for himself and also as the Attorney in Fact for JOYCEFIOR8ACH his wife , and ackncw- ledged to me that signed and sea ed the same as own free and voluntary act an deed for hiaeelf, and also as the free and voiuutar= act and deed as Attorney in Fact for said JOYCE RoA4899 in the capacity and for the uses and purposes therein mentioned, and that said principal is not deceased nor insane. f• ILN iiITN]F S WHEREOF, I gave hereunto set my hand and affixed. 0 my official seal the day and year first above written. b _ NotaryPuKkIc in and For tine State cf washsngton, residing A_4Y ''r' : at SELF AND AL%TORWEY In FAGS. AT f E,tsESl aF_ } ORIGINAL F "EMENT Fw msd a am&, a.fian of Opt baser (11.00) nzd o&m r*wbir taeodesa mm. the nwcgt of rrkiCft a btaebX E i g PROPERTIES,_ a lfashin9t09k sole_ ProRrietorsfl_f_p consisting solely of Eugene Horbaeh; PARKSILE ASSOCIATIS, a Vashialtoa General partnership, as beneficiary of Deed of Trust: t-Camome bmum . bradg VaneL can" red uuum u to PUGET SOUND POWER & Urmii Cr1mphm. � /'� rwrP[rrtios f'Gn4e�berenl, Ior o o praponer bneiadrar =4 fWWN. 3 g4l r msa Or, ewers and IoOtrwwrosmuedftcribwtealPropa=7Idm'Propoty-bemwis lA r 7.>ibsbi oa: TbAt portion of the South 660 fact of the Northwest quarter of the ! sCotAvest gatarter of Sectian B, Township 23 North, Range 5 East. i M_M., in King County, Washington, which lies North of the North line of Borth Sixth Street and between the Northerly extens£on of the centerlines of Felly Avenue North and Hain Street. now Wells street North; ESCr.PT that portion thereof conveyed to the City of Renton by deed recorded August 19, 1971 under Recording dumber 7108190352 ('Property'). 85-12Z16 00949 B fteM F 6. GD CRSff5L —&6.00 Esapt m may be eAu.6c ra fseh baca Crrroee 's r4cbm sbas be rX rftlka of the prvpairp ta. -R;ptt*wa�' wQ:ouu rs faaa..s: A Ri09-0(-Wat en (10) few m r,idty bavins P ive t 5) f.9of seams ridth mode side of • Vemaw%c daor>' as fesomr CT centerline of Grantee's facilities as constructed or to be c; constructed, extended, or relocated, lying vith`_n the north 10 Sixth (60) feet of the above described Property ri Cq �, r" =: ^ 'L"CORD AT REQUEST SLC R - x- — Im „i.. R- BEL_-.';A5414:(`,TDN 9f,009 9734 TAX No-j RFQU! FZZ,0 1_ rsrrres Ga, ae she# bare the refit to aoosuva. operat- —g4uA reps. rr{ I and 4o42sse one nr moss einac ammmmaimm ead/ar droa*nna fa.rs oro aad1or rmle the Rill-06wa7 roddhet ,r.:k a: �y or .m" emu& appotn>s m threes x -b:'.h a y i_ ... bet a rw fmaod m dw foR.-imr, a 0raAm4 airA- Pbf s svd,'or rowm wick dommum kraal, Arts lad aarbom ckgmt : oraasmrmya aad re idnieoa iav: casne��aicq aa6 7r>6 tra,g3oaso5, b. ilritpmnol:p Nlfis, lisdegvrds evmdals, QMmL *ank£ aamftheft. irei.%a avd : amagnreaer� a=r - iereivd Or $Ivagq{/ +oaared 5 a pQdL. Uawtowmam aad S�ilrkezV Feiowm� riei�al ,5ertsum ion o('as Geiaeet mat from +:me to $tree evrsL'vci ash add+eiam! aad ar7aa fik3% o M n A #;Ay tt—r� 7- of raid tigk of arum 1 O,WsKnfTtse�GQ.ree airy W re do ram+ tvers ar air an!asd a■ break or tre=ss� or df+fsis; upon the R�-�raS, udako me rifler ev c}K areas vg pees �s tiePYvparf wbi� is � geeW, mGraree-s fmpral>Ir �T-�•-• be r mo to G,wat's btu 4. eAr..S.re�sl�e41Fs�-c<.xrnrsrrrresrie.i�eetu,tarfatw.ff�r�prv�y�t�rya wdet>er$¢kuc:.�r4at_prarideA,w.GraMar�rriace nr,..:rtii,t 'b+ada*s4rwhet=nKtmroath. XV -�WM'irnd Goraorshog dv ao tb%D0gwdJft 3006oe Gr-aU k rria �r'�[swacaL T-PF mm-Pc6e pd.ace+a.� ois cOcmmk GFinamt ranmsaie aedboWbmn>ImsCrF. a«[rom a Band � eS,+s .`ar d1ra..d: or dmges sr�aea bras7Pesrm.s;ee ae� br caa4ed by tbrG weoat$ rYrd� of the t¢s irarq �anecrk Pr=�� � cp••Q'tn rot be resp[rs:hte to Caaavr far >ur7T �jnr+es aad; w daewdC. +o aax rums cm d by mn or oc m— of Gm"" E wb.d..iwr- ikr e;�Ex beans pawed >dr eofon,e _- ' rude rise as c+a+tyca Qaaa to vs the t+ikr�7tr9 6m a Krill rf ise(S) sar�rr }mac in .Lrbeses riiessnsat >+as o.�...e ared ai �aYC tiet>tdrr >k i tees[ m �n+alCpnriie� dmd up mbm-ho-m-m alma x4reasd sv kxr atxarre¢ Tit Race dGaasl faibre Ia initi4Q) ies� -ss farTris m br R'y�.-.d-7r.� rahm ar Perin+ of rmr emm &c iKr baeee �a aaa R--"100 KJ R 4 4 s0324958 235-31 'I, Sworn wer mW "Ir^ The rWhaa tod abS#stI*= of the port" 'h" inert to the ot and be bift" m" elect M*eSM uk%ftwn aw 4-4- Uk-MD a. 19 Iks GRANTOR a Washinton PAP331DIC so pri p:oranp Ueneral R WT Borboork STATE OF WASHMGTON . SS t on 0& day pt eppmnA bcfMC me EUGENE MORBAC31 t. . kwmm t. be the "vkhW--da=bvd in wW who emmwcd dbe- wabin wW rat indnaxwUM. ww V4 wk,.,ddpd tb&t----he--ug=d tha st= &�r, i c me and volunb" na and dmd I&r the won and purpoft* tb=csn W=W Sect this t NOMO PWAC in MW W the Swe of wasbimffa0. rcs;a at ti -I& a r.F'0pF.RT-IES R-2100; B0324852 apa this day before me, the under- signed, a Nota--V Public in ax;ii for the St3tRapfR11ftsu )&rCWtr_ da17 com-Issioned and svoym, personally appear -ea q, EME33M, to eta )MOWML to be a GeD;--ral Partner of PAPXSIDE ASSOCIATES, the P"Xtnerztdp that executed the foregoing 4nstvument, and aCknjMrWIedqed t-be said inr,tz-umvnr- to be the free am-:' volantry Apt 1ppd Of said partnership, for the uses and purposes Mte4ned, ar-d on oath stated that he was authorized to -id instrumet"t. —&FM 4ry 3t --0 b=,ao affi. tb,- day aad yt &t ba- wK KOL-ry Ptdp& iftAqi-rof aws'EMC Of ww".O..L 1 e Ed • cnc-os2-9► y BLED FOR RECORD RT REQUEST � OFFICE OF flit CITY CLERK RMON AZIINWAL BLDG. 2 200 ARLL AVE. SO. REIiiOM, WA 98955 - • K x AGREEMENT AND LICENSE r- FOR �- FIRE MAIN INTER -TIE AT _ NORTH 9TH ST. AND PARK AVENUE J- THIS AGREEMENT is made this UZ/v day of 15 J between The City of Renton, a municipal corporati , ('Grantor herein) and The Boeing Company by and through its division, Boeing Commercial Airplane Croup, ('Grantee" herein). 92—vitals 1. Grantor has requested that Grantee construct and maintain a fire main inter -tie (as hereinafter defined ) for the purposes of providing increased £i.e protection. II. Grantee has agreed to undertake such construction and maintenance subject to Grantor granting licenses for purposes of such construction and maintenance. III. Grantor and Grantee: desire to enter into this agreement setting forth their respective ohligations and rights regarding such license. In consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants to Grantee the following licenses; A. A license across, along, in, upon and under Grantor's property described in Exhibit A (plan sheet C1 of the Fire Water'Inter-ties project, Harris Group Inc. contract i94-1117, Boeing job 9301860), attached hereto and by this reference made a part hereof, for the purpose of installing, constructing, operating, maintaining, reanoving, repairing, replacing and Using a fire main inter -tie near the intersection of North ath Street and Park Avenue North consisting of the entire utility assembly from the point of connection into Grantor's Water Main near the intersection of North ath Street and Park Avenue North over to the point of connection into Grantee's fire main on the west side of'Park Avenue North, including all pipi�q*`valves, meters, specialty items, valve vaults,.equipment vaults, electrical equipment, electrical services, concrete work and pavinq (herein the "Inter -tie-), together with -the nonexclusive right of ingress to and egress from said property for the foregoing purposes; 91105x27 k1158 b P.ECD F 13. L RECFEE 2,W . C.AStlSL 1 g,'p0 1 - lSOLER qC), • M B. A temporary license for purposes necessarily and reasonably related to the construction of the Inter -tie across, along, in, upon, and under Grantor's property described in Exhibit 0 (Plan SbCet Cl of the fire Water Inter -Ties project, Marris Group Inc, contract N90-1177, Boeing job V301860) attached hereto and by this reference made a part hereof, said license to commence on the dare of this instrument and to terminate when construction of the Inter -tie is completed and the portion of the Inter -tie on the property described in Exhibit B is conveyed to Grantor by Grantee by a bill of sale; and C. A license for ingress to and egress from the property described in Exhibit A and B hereto upon, along, and across Grantor's property described in Exhibit C consisting of Plan Sheet Cl of the 'Fire Water Inter -Ties project, Harris Group Inc. contract 14o-1177, Boeing job 0301860; attached hereto and by this reference made a part hereof. The terms 'license" and 'license area- in this instrument refer to the licenses granted with respect to the property described in Exhibits A and C, and, for the period of its duration, the license granted with respect to the property described in Exhibit B. This license is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. gosks of Construction Grantee shall bear and promptly pay all costs and expenses of construction of the Inter --tie. Grantor shall pay all costs and expenses associated with the maintenance and repair of the Inter tie upon Grantor's property described in Exhibit B, such inter -tie to be conveyed to Grantor by Grantee by a Bill of Sale. Grantee shall pay all costs and expenses associated with the maintenance and repair of the inter -tie in the license area described in Exhibit A. 2. Grantee shall construct the Inter -tie in accordance with the specifications for the project set forth in W - , Harris.Group project no. 90-1177,,Boeing job no. 301860, dated-1k4 to (the "Technical Specifications'.) 3. Jppxoyal 529J!Iana. Prior.tQ any, construction, alteration, replacement or'removal of the Inter --tie, a notification and plans for the same shall be submitted in writing to Grantor by Grantee and no such work by Grantee shall be coinanenced without Grantor's prior written approval of the plans therefor, which approval Shall not be'unreasonably withheld or delayed; PROVIDED, HOWEVER.'that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee May take'such action upon such notice to Grantor as is reasonable under the i 0 circumstances. Grantor has approved the plans and specifications set forth in Grantee's above -mentioned Technical specifications. q. Coordination gt?,civities. Grantee shall coordinate the dates of its construction and other major activities on Grantor's property with Public Yorks Field Lkint.Deot, or such other employee of Grantor as Grantor may from time to time designate, and Grantor shall make the license area readily accessible to Grantee, and free from obstructions and other uses that may interfere with construction of the Inter -tie or its use thereafter; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the circumstances. S. w Upon Completion of construction of the portion of the Inter -tie on Grantor's property, and upon completion of any subsequent work performed by Grantee on Grantor's property, Grantee shall remove all debris and restore the surface of the property as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments, survey reference or hubs which were disturbed or destroyed during construction. Z 6. Accp is by Grantee During Construction. Grantor shall make to provisions for continued access by Grantee along, over, under, and across Park Avenue and North ath Street during periods in which Grantee is conducting construction. During construction, Grantee shall endeavor to minimize interference with the free passage of traffic along Park Avenue and North ath Street; p PROVIDED, HOWEVER, that Grantee may divert traffic as needed to V4 accomplish construction. Grantee shall submit to Grantor for 07 approval a written plan for diversioa of traffic, such approval shall be granted within seven (7) days of receipt of such plan and shall not be unreasonably withheld. 7. Grantees Use anilActivities. Grantee shall at all times conduct its activities an Grantor's property so as not to unreasonably interfere with, obstruct or endanger Grantor's operations or facilities. a. Use of the LiCaUle Arail by Crantpr. Grantee has been advised 'and is aware that: Grantor is using or intends to use the property subject to this Agreement for tha purpose of public right of way. Grantor may continue to use the property for such purpose So long as the use does,not unreasonably interfere with Grantee's exercise of its rights under the license. 9. Interferencg With Grantglla rututa Esailitigg. Subject to paragraph lo'herein, in the event Grantor desires -to construct facilities relating to Grantor's operations on or in'the .- a t 9 L. 0 s vicinity of the license area described' in Exhibit A hereto, and the location or existence of the Inter -tie located in the license area described in Exhibit A substantially interferes with such proposed facilities or construction thereof, or makes such constructipri or facilities substantially more expensive, Grantee shall either in its sole discretion, (a) relocate, protect or modify the Inter -tie located in the license area described in Exhibit A so as to eliminate such interference or expense or (D) reimburse Grantor tot its added costs of design, construction, installation and/or acquisition of other property, but Grantee shall he obligated to act under (a) or (b) only upon the following conditions: M The location and existence of the Inter -tie is the sole cause of such interference or expense; PROVIDED, HOWEVER, this condition shall not be applicable if all other causes contributing to such interference and expense existed prior to the installation of the Inter -tie. (ii) Grantor shall have given Grantee advance written_ notice of its intention to undertake any such construction, together with preliminary plan$ and specifications for such Work, identifying the potential Go conflict and all resign information relating thereto. inSuch notice and plans shall be given in no event later r{ than Zj (L) months prior to the commencement of the work. {) (iii) Grantor shall cooperate With Grantee in developing (�2 and considering various alternative designs for Grantor's O facilities and shall supply all Grantor's design data necessary therefor; (iv) Grantor shall provide Grantee with such additional information as is available with respect to the construction and operation of its facilities to enable Grantee to determine the feasibility of any alteration and/or relocation of the Inter -tie located in the license area described in Exhibit A or Grantor's proposed facilities to avoid or diminish the Conflict between such facilities. (v) Grantor shall amend this Agreement with respect to the license area described in Exhibit x, and shell provide Graotiee with Such temporary rights and such additional license rights on the property as -are required to acconmod ate�any alteration end/or, relocation. of the Inter -tie on Grantor's property so as to 'enable Grantee to avoid or diminish the risk of damage or destruction to, and interference with, the operation and maintenance 6f the Inter -tie. Grantee shall give written notice to Grantor within tv- (2) months of Grantor's giving to Grantee the notice and other information Specified id condition (ii) of this paragraph 9, - 1 - - 15KER 32 X I r+ 0 I" 0 M by which notice Grantee will elect to (a) relocate, protect or modify the Inter -tie 'located on the property described in Exhibit A,' or (b) reimburse Grantor for its said added costs. If Grantee elects to relocate, protect or modify the Inter -tie, it shall commence work promptly and diligently prosecute such work to' completion prior to the scheduled date of commencement of Grantor's construction. Grantor's added Costs reimbursable under this paragraph shall be only those direct and actual reasonable costs necessarily incurred by reason of the location or existence of the Inter -tie located on the property described in Exhibit A. 10. kJidenina of giQhtn of idav, If Grantor elects to widen or otherwise alter or modify Park Avenue or Borth 8th Street such that Grantor condemns or otherwise takes possession of property owned by Grantee that contains any part of the Inter -tie, Grantor agrees to extend the license granted with respect to the property described in Exhibit A to include such newly acquired property at no additional cost to Grantee. This Section 10 in no Bray constitutes an agreement or admission by Grantee that Grantor is entitled to take possession of property awned by Grantee. ll. HoIA Harmless. Grantee shall defend, indemnify and hold m harmless Grantor, from and against all actions; causes of SA action, liabilities, Claims, suits, Judgments, liens, awards and damages, of any kind and nature whatsoever (hereinafter j referred to as 'Claims'), for property damage, personal injury or death and expenses, costs of litigation and counsel fees related thereto, or incident to establishing the right to O indemnification, in any way related to the Agreement, the performance thereof by Grantee or its subcontractors, including without limitation the provision of services, personnel, facilities, equipment, support supervision or review, to the extent such Claims arise out of any negligent act or omission of Grantee or its subcontractor. This indemnity will be applicable to a claim only if Grantor- (i) notifies Grantee of the claim or liability in writing within such time as to permit Grantee to protect its interests; (it) permits Grantee to defend or settle against the claim or liability; and (iii) cooperates with Grantee in any defense of settlement against the claim or liability. 12, Ca�nerciai r�^er�l � �i)tiJ:y Insurance. Throughout the a period of performance of this Agreement, Crntee.shall Carry and maintain, and shall ensure that its subcontrictor6-carry and maintain Coxamrcial General Liability insurance 'with limits of not less than Two Killion Dollars ($2,000,000) per occurrence for bodily injury, including death., damage or, 5 - 7SatER 4 10 , 0 s alternatively, Two Million Dollars ($2,000,000) per occurrence single limit for bodily injury and property damage Combined. Such insurance shall be in a form and with insurers reasonably acceptable to Grantor, and shall contain coverage for all premises and operations, broad form property damage and contractual liability (including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this Paragraph 12 shall name Grantor as additional insureds to the extent of the contractual obligation set forth in paragraph 11 above. 13, *corkers' Compensation. Throughout the period of performance of this Agreement, Grantee shall cover or maintain insurance, and shall ensure that its subcontractors cover or maintain insurance, in accordance with the applicable laws relating to workers' compensation, with respect to all, of their respective employees working on or about the license area, regardless of whether such coverage or insurance is mandatory or merely elective under the law. Grantee shall also carry and maintain, and ensure that its subcontractors carry and maintain, Employers Liability coverage with limits of not less than One Million Dollars ($1,000,000) per accident. cc 14. TQAUrAnee. Prior to the commencement of VI) the work, Grantee shall provide for Grantor's review and V-4 approval certificates of insurance reflecting.full compliance TA with the requirements not forth in Paragraphs 12 and 13 t'} above. Such certificates shall be kept current and in compliance throughout the term of the Agreement and shall provide for thirty (30) days advance written notice to Grantor O 0 in'the event of cancellation. 0) 15. Termination of License. Either party may, upon 6 months advance written notice, terminate the license; PROVIDED, HOWEVER, that no termination may occur by Grantor during the initial two year period commencing on the date of this Agreement. a+ 16. Removal of Toter -tie on Termination, upon any termination of this Agreement, Grantee shall, on or before the 1 effective date of termination, remove the Inter -tie from the license area described in Exhibit A and restore the ground of such area to the condition now. existing, or, in the alteraative, take such other mutually agreeable measures to minimize the impact of the Inter -tie on the property described in Exhibit A. Sucb xork,.iemoval and reatosation shall be done at'the sole cost and expense of Grantee and in a manner reasonably satisfactory to Grantor. - 6 - o a t QJ V) T4 is tl� T4 G7 a 17. H 1 roa. Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: The City of Renton If to Grantee: The Boeing Company P.O. Sox 3707, Seattle, Washington 98124-2207 Attention: Director of Facilities Renton Division, MIS 63-02 Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested,. or upon delivery thereof if otherwise given. Either party may, change the address to which notices may be given by giving notice as above provided. 19. &as19 Neither Grantor nor Grantee shall assign its rights, privileges, obligations or liabilities hereunder without the prior written consent of the other party which consent shall not be unreasonably withheld or delayed, PROVIDED, THAT, Grantee may assign its rights, privileges, obligations and liabilities hexevndet to its divisions and subsidiaries without the prior consent of Grantor. 19. $llecessoU. Subject to the preceding paragraph, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. EXECUTED as of the date hereinabove set forth. The City of Renton The Boeing Company through its division, Boeing Commercial Airplane Group Hy: By: �,c yrrif� Title: Mayor Title: _Oil,.A,- fiLcijpTlrS TIESI: CL[v C1er 7 — 1SOLi� A a STATS OF WASHINGYON ) ) 76. COUNTY OF ) I certify that I know or have satisfactory evidence that signed this instrument, on oath - stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED or wasningran, resfainp ar my Appointment Expires: STP-TE OF WASHINGTON ) T4 1f ss. r4 COUNTY OF Kuo' �j M 17 C4 I certify that I know or have aatisfactory evidence that fib_ flazoCkAv+ .&cL signed this instrument, on oath stated that was au oriz d to axaaute he, 3trumenF and acknowledged it as the Rncr ofce�ia„ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GATED 9 NOTARY PUBLIC In and for the State. f 9taahin ton r .4A, t a a t e ins a� My Appointment Expires: . QT►sr:�.G, , ' "uaLi i 1 1 h I I Z r 1 L Y -: r J�: RrT-�� _ems A_ TOk RE(-OVD VC R.t riRN TO CT -I" Of RF—STO` LZTi' Ci.EP- :'S OFFICE `Uo MILL50LTH RES704.114 A 9905 5-11 E9 Mr, PC=ir. VI'.S12� - SLATE FECORPEYS C..rr 5lvi •RCW i6.4at N P'r N L} LMae�ry Ti1ds1 i rr u' We.�l i all +za KYd,oHc a va &x,.m a mea Le f W ! Saaatof. %k mr a. Dmd itdtffeuce RLa1rer(:I OCY1uMNDpxft aid or rem 9612120rS5, be g rc-CwAr>Sed to —rm n-ror n E a�..1d' A GrtrM'(sl f --A aa-ne fast tkea ffo acme and auud-.I } l THE BOEIWi. COLAPAN.-V. a DcLmare vxpo wicm I-jf ealee(S I i.Jd nape fY'F. I�.xi fL� acY a>a�-' tSL�' i OF a � cyapecut6- 1. Add nme m e ddcc� L.ccmi &sa4[imm • Alta. ud c Lea b4.3- P!� tt A sup a(lmd Ams ParL A%x w m Sacum E. 7...-msbmp 23 Nm*w RmW 5 ExVL W' M. in }:iug Comm . WnhotU m } 21 Aemc,mai s of Atoms'% Property TQ rrrrrl lP:ccammt !drmbess; arzlurssrl� areas-!a'rs ar,�as91s I Cl /Cored Tn a aol -6 "%ba � x jona AzwcnRvrx av%-ts DCC I I a • kmljL�* Tot cc_"r�.at:^r (hereinafter referTtd :o as 'P4eing'I. for and in ronsiae rat ion ' of —_�, t '_:, -s f52:, and _ 2mr Sand e..t �e'_•�e5_e co -===era _o-:. in h nd paid, coaveys and vtrran" to tL,e C7'f! ar RE-.r." t, a wanieigal cerPa_atiea cf he State Of (i.ernina:ter referred as rer.tan'; , �: re-- _: re._ ext=te, c-tatee4n,- _ Lthe County of sing. State of .are pa-tic¢larly d,es=ibed on txLihit P. attached hereto and by this rcfer"t a1 incorporated nereie [bereiaa_'ter re`` -erred to sa 'the P-_,Dpc=ty'): k_ Am e . --^t affecting a pertioa Of the Propwxty for t3A S, vd () purpose of an electric' t.ranetissior. line and incidental par2pses u kk 0 in favor of the City of seat —,Le wbich lastrvacnt wh. r carded on S D,e r 27. 1934 under Ao3itar's vo_ 2636032- - 2. An easement for corsiraction, aaintenanre and operation of a tailw�y t_eck ov portions c- the Pry,-=ty reset" d in a fe-d irm ?acif;c ioaet R.F. Co., : was r_inq yr, ro-pa-etioz, zct rdad under A.ditor'a file �. a662sao. 3, by tie State �f yas`=ns'-ate c. a right of . access to state h:qhi y ar-d of 1:97t, -irw a4 air, by de=et g d,ieSeC Juae zP. 1366 under rise po• 656127- t_ hny encoabraecev or f—lects �hat }ay attach after the date of this Statvtrtry liarranty aced through any per.sor> Otbel tA— EXCePTUFS Alm tE'SE Mi7G to Boeioq. its wtressors, sasigns, iavitres, Siern secs a� pr.rrlttcr; a nor,c rinsivs perpetual roar sent over, .crass, and under nm 7rc+je as follows: Bocimq zhall have the Ferpetaal .£ght to operate, uintrin. r-patr a,.d reLlace the bridge ai.atn " 7rescntly on the Property, s the 1y,600-valt £eedcr duct presently c, sae Props,-ty, abd the aso['n sever preaemtly On the Prepecty, tcyctl�r with &1oecc: sa.7' or stave nier+t sppnrtvancxi ro such eSu^-iccnss, duct aAd arvc:. and shall have t." right of access o,, +r,:- e—ss the 7zope:ty to enable Being to eaezeise :tz rights here,_nde-• The des i4- tLLon and approximate locating of zxh ,h-.•�cnt feeder duct an3 storm serer are sham as numbers 5, i. 9 v4 _ attached hereto and by this refntence hrrmin- V-4 pa—r of me=ain.tion I.) Q This eonveymca is asEe undue and su6j eet to VIAfollowing; conditions- 1- The Property shall be used to vidcn the stteat adjacent to the Property Within 70 years att=r the Sate of ibis Sta[iLOrl' Warranty peed. and } Cjt 7. "dton will assume rezpons-bil�ty far vi-deaing the street adjsceat tv the Property, incl-,, :r�s without linitatian e y end ell imgrovft-ents, or cppurtenanccs related thereto. Any suc9 widening of the street adjamAt to flte Pr perry, i�clud ing, without llnitatioc any and all improvcaentz or apporteaaacez related thereto, shall be at r cost o= c.4:—c tm Botil g nor shall any cast or axPense I6 reo£ or rclatad thereto be acsecaed against tl-a pYaparzy abutting the Property. aant.oa a6a11 par .Lk the costs wrest expr saes ot a tmg ar,d reL�tiog to Dotlnq's aatiafaction the propw ty and p3 tha Property) , the daseri.ption " apprv:l"t-a Ic t4oR of vt cl: are shown as numbers 1, 4, 7, 6, ll and 13 on Exhibit o-attach^d hereto and by this re£erer ip Orp--Lt 6 W+rAt m will also pres*xve and xain"i.o peuAtrimn Lad vehicle crozsi�q access froo one side of the sheet adjacent to the PrOPRXty t0 the otb r S side of Fuck street to a standard not 1�s than preswhtly e—icts and P+ ton willpayall costs and espmcaa rnlatipq to eoch prcaer—ti;on an3 eaintsaanu. -2� • r 7f the 7roparty a= any part tfe-eoi, by the action. oc paf ss ion to net of Renton, or its successors or assigns. is not used to widen t_he street ad}scent -o the Pzppe,ty vith_=.. 26 years after the date of this Statutory Herranty peed �r the co,.3itions stated in paragraph 2 �e no: carplicd Pith or are vise cot fully satlsfied and £alefilled, then Being -.,,all have the right to re-enter the Property and terninete any estate, right, title or inttrest o: Renton, its succes cars n_ assinns, :n and to the Property, without any cost or famher liability on the part cf Renton, 1N WZ72 eSS WMERBOr, HOEING has ca'zsed this inn trye:ent to Le .zec'tad by its proper o=i��s and its cOrF r--a{tg seal to be hcx eur:a nit fixed thisi —dty of ` {19:5. T13E HOE I.LC ANY S :I.TE of WASHINCTON ) ) ss. cYJNiY OF ir ,—. ) On rs iign_z7 .IIS day of a�, 1976, Before me, �e ands reign ■ Notary Pub fie in x the SLte of w.sS- ing on, c—fscioned and swrn, yarsopally a to K kncasn to % the —if w r� BOE_M GG1AT1fY, the cozpor.ti.op that cSCaCs t.be ore g cing ia.•^�:t, and ackn lebg ed th. "it tp b'* t7.a free and voluntary act " dead of said wrp.pxatioa, for the aaas and purpose■ therein abtioaed, end on oath stated that he Yas ao actlrixed to r+ execute wm the said i.—rent awl that theea sl .fluted is the corporatt seal of said cc=yoratton_ witness oy band and official seal i:ere w affLd tho day and . year first above written. A i VIA to or V_hLogton. refi4M. ac -3- i a PARK 1{t371CM k%DkT% RuXT-Cr-!iT J CQMITI4N loam CCIVAM'T �lACf1 !S ?be cart 12 feet lriaq' sootAorly of the + awtaLtly yruductjoa of tAa arT+t?iariy riybt�C-+lay lima of s. sch Strastl :+2 Y And tame rest 15 tart lyi" m4rtharly of toe rlaterly plurw•!gm of tea moody rigght-of MI 11be of M. ath Ctrret of tba foIXWL q �, aassh.a aria tract, Ej rlala Tract: 0 1009131MILLA9 at cbr !ar^soct1c .. of the m -03 11por of the Mar V4 of the Sm 1/4 of 6actum 4, T7vp. 21 M. , saq- S C. , W.M. , -ith the M pwaft +*on of Cha a lams of Park "a . , as aim s Aantdn farm plat, &W to Vol. 10 of PLtr, page 97, in kew th S elg the ad ■ ptaducUdoo, to a pt thm -115 ft M of tie s ltna of ad suW . th !I plt and A I at T15 ft 11 frm ad ! In to the M pcoQaet 4mL at'tba cm4aa Lima of ftUy at., tir a alq ad p=4 oentem IJA*, to On, M Una of tbm b "a ft of ad aabdir, th V asp ad 10 IJAo to the sly aqa of tb. 11 P Rly rt-of-wg, th X17 mail ad aly min to the M 1},na of ad Subd T, th R mail ad a I1na to the point of hegiauiogl Including all tint portion of street right -of -,.ay racetad by Ozainance No- L514 lylaq ritl^1n the above daa=Ibed aa`_g tract. E%NISIT A gag, 1 of 4 1 FAJW AVE3 ._ Abet^lor-lawT UDWISTSloN IOXIMC C-. WANT PAN= i 2 All LLat pardon of Tract 'e wi!�h AW 1!4 S+caoo B, TWp, 21 North, .Range 5 EA%:, w-x. LYLA4 r.astarlp of for asStarly right-of-W" llbe of I.&" UnAb+ g—teM Blvd_ [also k7PWO as Park A". 1. and also Saaae0ar7 s'IjLtff Hwy. No. 2-a) sod sontiveMatwly sad soo'therly of the southsaate ly right of- wmey margin of P.S.Y. No. 1 IM-405) north Jrntnq Int vc*wft r A -Litt right -of-"" aed *vkw'ftFIT and sr1T of the fol.l&K" ¢ascribed L} Magixodmo at a point On tba Mouth liar of tba Yf V4 of Section 8, said point b&Lnq 25 Pert mast of the of the esstsrly right-of- way liar of lake gaahxzAjtrro Alvd_ .doh said south lime of tbw WN 1/4 of section as w P- Sbrace mrtearly ;1mq a Bass which is parallel with asd 25 _fret saxterly 73 a!, ss aiw&worad as riqbi "34m to sa14 aasterly right-af- my Margin of Lake Ner&.iagtan Flvd. A' istatAc- of 170 fs.etp TLMnce wr'_Iak `1T in a straight 11nr to a post 10 fast aaaterly Of, u f��th ed at right wnlas r* e Masterly riq&t-of�sY mArgfn of raid road, said pq:nt bwiaq 470 feet purr-h o_ for south Line of the NV 1/4 of Se --taco a ^wpx '%=tismfaq nc thrrl7 aloe¢ ■ licw Which is Facsllel With and 10 feet eastmrly of said rM*^lf right-Of-Vay w=-glp to ■ ppint opFGsits Hix;bw" engineer's Statiew DtW aeextJzq tba PC of a Carve on the twatar lice (A -Life) ewer of P.S.6- go_ 1 ttk-6M). said polat bslnq 40 feet Maat4rlj t3MrMf 0ij Togetbac vim all that pok'tlnb of Tract 'A' lyl" within a strip of land 5 feet ride 1Tinq adjaoaat to add parallel ,With tba saatarly right-ofway P&r9i• of 1'.L.K. Na. 1 from a paint opposite Yi4hkwy Afglaasx's Station 0+w tbxmmvh a -Uxvy to ttse rust b* a poi.ett oypasita Ststlgn 5+55 mats Or tars. react 'A- Mar pattioe at eortbaMat goarrar am 114) of Section n, Tvre�ip 23 �lorth ;h, A.wage 5 East, a.M-, darQibed as follow. bag xz iaq at the lbtrcsectl" of the ooQxh li of said nortltirbst quarter [>wa 1/41 with tba eastorly margin of tack Frr ' a1.M0 ksorn as ieoeaodaty State eigh"my No. ZA, thnetw with OV20'19' East alany said south lino A 771.21 !sate t1makow North W311S1" taet 253.23 fast to the point of Cause.. of A corns to the left of radio 050 feety t}=vft pnrtherly along Sai.A curve 274.82 feet to tla point of taageocya the[bos North 17.59.34' West to an intersection with tho asautbeartaxly right-of-way s Fa.,G�>. �� teaaticMrel + 1 wargia of Y_5.6- Un. l !sY 425)� """a' '•,criT w reluly x:x: S said Mly riglsR--cf-WF IAwlgia to am JeLta.-T+fm vith tine awrttilY of- ay wargin *f Park &*GCTe =_ 1 _ --n7 *wric Aarnv4 N- TTwAq i'nthsYlT 'R�;e�j :.ia _�.'' - -i - - -_• �.- . Ga an :htar."cTjm u t:b the a3ash Iiew of tht 74 1/4 of ACM 5 &ad tS[ pO1QT. of 0 EXdIBI-r -A- I a a fth,^ xMOM swam azc�e.re-sir s+�LSIT2Ca PA. K=L i 3 AIL that porti . of Rort -a` 3y14q aactbwrtwl r of the a[xt?rrrs`azl7 right-f-mr lUm of #i. I OM 4*5) *4rt 7rntm I " A- U- tigfi--*-rlTr m d wootatir of Sha umt r34etid-.wy Ilna of I.�Ra Moahir4r� alvo. t. {pee* &ft. 19.1 wad wastacly rod fly o= thw inllmrlaq doo=lbaa Lunt sootoming at a paigt appoatt4 Mi9ftmr Mbrtaaat`■ star m 645b.to as tbw csotmr Liao (k-lim) amw7 of t.A-S. f. I (Sa 4CS), said ppfM brioq 50 fwwt oortlrr, t-ly tb r tram4 Tho— wa[hr.atacly rrraual with raid araterLia..arv*? to a point Cq oppowito gl#Wry tbglarsr'r Station 4+29.13 And 50 frame noatbrgtexll, 4T a"4 Ybw4ow =a-1 awtarlf a Ouatarm at 5 twrt to ♦ pniwt oppoaita ctatlxm GO 0+2*.33 aad 51 feet wwtlm wit to m, aafd +!*-*ttc.4 4+20.33 at o tot nq ttw P.T. of a oar" -to ttm 7..aft. Th— lj alb a ewaw to tba Lrlt hft ing r rwdlau or 637.46 tweet to a rwint appowlta IC *-.r UfLm wlo �!•m 04m. acid STatian also boUg tho P.C. os s" aaz+w wad SS trwt rrwtwjr thoraftultr logwtleec wItb a atria of laa4 iS feet V140 lrlwr aaisom t to awa paralLl WiM tbw uwstWIF sFrVsa Of s+k. 1sWA*saquas uvd. (fart sat. S.) rvenla4 eras si¢aaaal stwasaa 0+00 rr rwC c mmcmL4 rbvro. aontbarly to for aoatb line of Gwroommont tot 3, w u *.mi a a. 'tract -a' eel) tLat p=tLea at 0"afta.rat iota 1. 2 aw4 3 !a awatLaa t. Tw. 23 a.. 3m.q. 5 S.. WAL )rly war these . Ls t4 ttm R.P. AV. 00, 1t17r, m waaclr ckt LWm WAohia6toa Uwfi- R.X. (also kp3l a Aw Vowk Ana. s.) aa* ao[t%@wwuwly wnd wstwtlr of PA.M. - 1, ommh 31aI xs wtshwaaa iri.taa Tfrr, 1-17iri.... that pctt m at Laho apohdarytca 1lyd. an wac+ata[ by OpUmampa lb. 2513. ptge 4 Of 4 tAPRPox .7 -7 G ) i 7 i I f3 CD�D B a1Fi,P (Ar}F PROP05ED STREET WCAT►ON AND �,�P.iC711i-OF-ti�JAY A,CQUI�IT!OtJ BCE}NC-� CO - C.iT;' OF ptEt�l�]N f a^. Nl;:z: 2; Ixatedritl of 4 Aveo £forth, North of 6th Stree Section 7, Township 23 tia.rth, age 5 East, .Stzte of NasE•.ingt,, described as follwsr ,V t`2 gegj n�; A9 a= the Northwest ccxner of the of man JLvenue £forth arS 6th Street. to ix tersecoion , -24'-IB' E. a distance of '798.87' thence N. 0 -33'-42' E. a c'istaace of 5_40 •'thence S_ 89- c3 E. a disc thence H_ 4'.-26'-18• C a dastaace of of $54_73', thence N. 41'-221-31- 25.31', thence N. 43--47'-01' E_ a D} distance of 50.18', thence S. dl'-22'-31' E- a dis Lance .8 9,.:.he thence S. D'-26' W_ a distance _ of 8$3.83'r fence S_ 89•.-33` 92' E. a distance of 25.461, Lbenoe 5_ 0---26'•-16" Si. a distance N. 89--34'-1of I296.87' Point of begi thence 1`-W_ a distance of 60.0D• 12 the nnq_ p� area of 3_43 19y,360.58 S_f. ..yes ar _, -to... of Alta the cor❑.r 0.' LhP.r._ir..: Co,,y' ,=.-=t L:,=-n as _Zst rhr 1,213-43 feet r3 , PnZftt �C!.DD :C-t Of And �.-ast=ee at riqi : anylts to tT,.e Ai:;hway Z)er+artr�.t IIDrLh ]�nrpa ln:crcb-nrrjc C�ltcrllr 5--Q- I Mr. , 0�".D . �iEj S== -EDe '-5 L!'a .77 I 7t U - I of a to the right of ja�i-s - $72-95 iecr; t-hancc cvpntirLL.ing NO.-th 0, ZIDn'; one KaS%.Crly V,4rr,!.n of. --ald Boulevard 295-01t felt Co t-Lc point o° with a c. e of radius 617-9S lc.•n hAving A radial Ur:.zjnq South 6D' -3D'-59' Latt: tierce continuing Nnh (j- -57-41 East tftmce tange- t� Lhe praCediaq course SDCthC,5tcrjy along a -ct�a the -.ivhr i%aving " radio, of 21!7.&4 7 fL•cm and &-central anslc of 39' ,jjstCe of 197.60 f.CL to the tr Ch-Mc COf;LiAuih9 KDrLh--sL-rly ZA arc distance u! 40.93 fret to a poi- ul. rcl.rr.0 e,.V. to the 1,11L Cr al=q �A-. C---� t. the ICEM a-. :.rc length of 115-43 fret t. a --Z: �f .Ir-t-rz`-a.rtqe Ire® vh .. a the cet,%it,r -f -40=t.h 43m -0-3w," LiC-St' Lht, Worth ILEm -]1'-29- -I;e,t .Long L." S.Ut.I—tCrly aArgln PE 60-06 fee[ to a Point as r-hqt of I=Id LQk- ;Ia LLIIJLon t,o IL-Zrd anO Lhu �r.yjr, of the P�Lj,-,Dy tail point BeLns cm - cuz-. 2,DS'2 1-7 fce:. fr.M vF iCs1 Ult CCt,tsr begs YIrLh 41- we.Z.; kh.nCt Saut2wes •_ 'Iy along sail] C.C- - -C I.ngC_h of m 13B.CB feet to n riftt Of point Of tanCjenCy. therLCa South sa, -91-32, the .�rLjrlm of _aid Durl.Lrqt-*:. Llorrhtrn TLXULy 41.62 felt: them !oath 39' -16'-28- r,.,r S-Et jmer to , .. I point of intersecr-L%n with OW litsrerly + rein of said WaShiI;tom Dou!-ZV&r6, S-.14d point being C,., :1 Of racLus 347-64 fect fra VniCh the Cl nLmr brnr= fq* S-,id iJ.eY Carly i f L...Nz uarhi t=i Ur,.I.yard alone t1 4r . I � r; - o, 0 - �r c �L I to t.Z,c rune, having a C.Le-hut: re.t. '-d a .. cct,t=-% an-jlc of 32' south iD- -,:D*-38- Last L9 r.10 fc., to -.1c GDP l-L- of 4-, arc tort Or 0.274 acres, -*rc VOITLI-C C a I k 'hat ?vrtioh Off S4" t.renx cL G=h -stet Lotatvd is S-cCian 7, So+nin - torn. £ter. ;= 5 t_st, ' S^._H_ Soto of dacningtoa t'e:erii ' D"idaia4 tt the "rt:terest mrncr of the xnt�raeCtioa of LO9aa lveavle ..-. th and fth street, t},cr,cc Y:_ 0• -26-16' e_ a dist.,=e of 22•B-i7•, "tam S_ 99' -3]'-<2• E, a E_ a diftnaae of �i�_73', thgrcc K_ 41'-.2•-31- =i- ' d15t4y-cc of 25-111, tbenca n_ 43`-a?'-01- E. a . ' dint&—V of ""I', th---- 5_ 41•-22•-31' r- t dis-. - t*+CC of 43.92', tkment,5 S. 0•-26•-1K` K. a d.ist�,e of iB1.E3', thebce S. !S`-;7•_92- E, di_Wact -- of �� 25_46•, thence 5-'6'-2G'-28- :'._ a dicr3ncc of 1278-C7'; tbeace M. B9•-31'-11'.n_ a dis tancc of BO.�o' to the - paint of bcgirwjng. Kn area of 3.41 ar -es or _ ' 149,360-59 ?3XIMT c Ta" 2 et 2 i m • - --------- -�Ozs LL�ae errnxcsn RETON TO, Mlae ,-I ter my clerk W.nwn,NA • 7 U'I iZ 21 1 i 3t7 rD v CtAtUtnty Narrent Doad .+ The Grahtof, Tile 64LiNG COY.PAKY, a Dnlewere Corporation (hereinafter referred to an 'Aooing`), for and in consideration of TEN DOLLARS 1510) end other good oral valuable eonsiderttion, In hand paid, convoys and warrant, to the CriY Or RENTDO, �f municipal corporation of the State of Waahington fherein�rtA f jdgE referred to ei 'Renton•S, %het curtaln real estate, ■itu. the County of King, Stnto of Washington. hors particularly - described on Exhibit A attached hereto and by Chid reference Incorporated heroin [herslnaftsr referred to as 'the Property"];, 6fla=rt To: 1. An easement affaeting a portion of the Property for the - purpose of an elsetrlc' tranmmi.aion line and incidental purposes . In favor of the City of Seattle which inatrueent wao recorded on Decelaber 27, 1934 under tuditor's Hf. IS)6p)E, 2, An easement for construction, meintanance and operation Of a railway track over portions of the Property resorvad In a data from Pacific Coast R,P,. Co., a Wash Lngton corporation, recorded under Auditor's Plla No• 4662516. - 3. Condemnation by the State of Washington of a right of w aecesa to state righway and o: light. view and air, by dseras entered June 29, '1566 under Caee WD. 656127. C - !. Any enCtinnbYeriGei or defects that may attach after the + dote of this Statutory warranty Dead through any person Other 6: A than TwoIng. S EXCEPTIHC AND RL6$KVIHG to Boeing, its suecassors, esaigne, a i7 invltoes, Licohsec■ and permittaea n nonoxclv■ivo perpetual etaa— ' meet over, across; and under the Property as follows: .. i Boeing shell have the perpetual right to operate, maintain, K I •-. 'repair and replace the fridge abutments presently on the Property, . 19 ' . e. e the 11,600-volt feeder duct presently an the Property, and the stprm sever -presently on the Property, together with all necessary or convenient appurtenances to such abutnents, duct and sewer, and shall have the right of access over and across the "Property to enahle 9oming to exercise its rights hereunder. The descrip- tion and approximate location of such abutments feeder duct and horn+ sever sra shown be numiers 5. 5, 9 and 10 on Sxhlbit o attached hereto and by this reference incorporated herein. Power of TermLnatSon This convayance is made under and subject to the following Conditions: 117 . �j 1. The Property &hall be used to .iden the street adjacent to the Property within 20 years after the date of this Statutory Warranty Deed: 'and 2. Renton will essurlc responsibility for widening the 0 atreet adjacent to the, Property, including without'limitetion any In and all improvements or appurtenances related thereto. Any such widening of the street adjacent to the Property, including without limitation any and all. improvements or appurtenances related thereto, shall be at no cost or expense to Boeing nor shall any cast' or expense thereof or related thereto be assessed against the property abutting the Property. Renton &hall pay all ,the coats and expenses of woving-and relocating to &owing's satisfaction the property and Loj5rovenants-(now locRted on tps Property), the'deadription end approximate location of which sra shown as numbers 3, 4, 7, 8, 11 end 12 on Exhibit D•attached hereto and py this referents incorporated herein. Renton will alga preaer4e a , maintain gedeetrian and vehicle crossing access from 'pne aide of the street adjacent to the Property to the other Side of such street to.a standard not lebs than preaently exists and Renton will. Ray ell costs and expenses relating to such �E preservation a ad, maintenance. I a If the Property or any part thereor, by the action or omission to act of Renton, or its nurCeg6Orr. or ssaigne, is not used to Widen the street adjacent to the property within 20 years after the date of this Statutory Warranty peed or the conditions stated in paragraph 2 above are not complied with or are other- wise not fully sat:lsfied and l4lfilled, then Boeing Shell have the right to re -eater the Ptopurty and ;.a�inete any estate, right, title Or interest of Renton, !ta auccesso ra.or assigns, in and to the Property, without any coat or further liability on the part of Renton. InIN NIMSS MICKEOF, DOEING hary c►used this inatrUWaont to he 00 executed by its proper o"Iteru and {ts corpo_ak, seal to be N haretlnta eefixed this �9"L day of Lr Uiw 1111. w4 THE 'OElaG c r ANr fD 9y It r STATE OF WASHINGTON I y� 7 as. COOHTY of y1 4n this r? day of l �f 1976, before me, _ the undersigned, s Rotary Pao c n a ear the Sta is of Hash- ing On, duay aommi¢siened and sworn, personally ap earl/ed r-.- • to me kno�m to be the T f , e .*( "raa oy THE 60EiNG compAvx, the corporation that axeeut tau -fie Ore- ' gainq instrument, and acknowledged the said instrument to bo the M. and Voluntary act and Geed cf said corporation, for the uses and purposes therein mentioned, and Lon asth:stoted Char he uas 'ry SULhOrired to .execute the said instrl ent'and that the coal affixed is 1;31e Corporate Real of said corporation. Nitne'a my hand and dLfiClal seal horoto of lixed the day and .# year firat AbGru written. N? N�ary n an [potan. res ldi at k s r rxt;rs:, •w• Th;% Porten of Lak, l;a Lh,Cgta., VGulrd, known as 3e COnd4ry '•tat,: Ni-:h•-+.ry NO- 2A 4n11 V-.uk. Avenue in It"nton, ly:,shinaton, '_itn,,led in the surtl- ,,est (fuartOr oC tcctvL, iun C, 7os,9ip ]3 Vort h, Ing5 e tl., king Coati ty, !1_,shinge on, r:orc p,r_eiculorly dd.scribed as collets: Cu.n:aeacing at the intersection of thr Soutl, line of �, Ld Northwest Quarter „i LI1 the Ila�terly 1rg in vC saLa Lal:e !';ash ington Uoulev;,rd, c._,id point of intvrruCtioa Rico being thu South'..rst cornrr of Lhc 110�6 1 Cono;,r:7'_ tract knu, as Parcel 1V; thence North 0•-57'-nl` - Ua�r alor.q the tisttirly Margin or Lzild i_;;c rlashington Boulevard 1.203.43 feet to a paint 30.00 Fret right of and mtasvrcd at right .ngles to the eashinyton i;tate Highway Deportment Hoc Lh it:nton Intcrch—jo CCntcrllne Station 'A", S+DD, ALL Station Ding Lh.z point of" curvature of a curve to the right of ccnteXilne iadies 572.96 feet; thtneo continuing Borth 0"-Si'-41" LQ5L along the Easterly vulrgin of Raid Lole ilanhinq Lon . Uvulevard 295.06'10et to the [,dint of intcrsottion With a curve of radius G17,96 feet having a raal�l boaring Sauth 60*-30'-59" i:ast; thence continuing North 0' • Q-57'-4! East along said Costcrly margin l.C9 Feet; thence tangent to Lhc preceding course Nortl,sterly �.{ ,:long a curve to the right having a rar_'ius of 2U7_G4 [`a feet and ..central nn91C of 39•-21-4L" �n :,cc distance of 197.61) feet Lo the true point of Leginning; t� Lhunec eontinving Korthcasterly .,long r-,W curvy an arc distance of 49.93 feet to u point of reverse rurvatvre of u curve to the left of radium 2,112.37 feet; thence Northeaaerly alony Paid curve to the left an arc lenyth of 14!,•43 lock to a point of intersection with thr .SouthIle.tLrly m rgin of a-�id torch Banton Interchange from whence the center or :.jiJ curve be3ra North 43'-40'-35" West; Lhancv North 4G'-11-29- •{test along the Southwesterly margin of :oid intorChangc GD_OG Feet to a point on th. Nortln,estcrly nZVgip of said Lako tlashington Isoulcuard a',u nout1lo,torly' r,argin of Lite Aurlingta:: `:urthecn n:i lr,ap ft iy ht-pf-'.:ay, ,aid point being an a curve of radius; 2,DS!_37 Feet from which tho canter pcnrs tlorth 13- .-]G'-11" LLrne; thence Southwesterly along said curvy "a .,re length bf L3t1•60 feet to a paint of puint of tangen,:y: thence South 56•-43'-32" West alowj Lite Nnuttiv-atcrly cLurgin of cold Ilurlingt-on tlortlrarn Il,rilway ftiryhc-OC—ta.ry 43_G2 foot; thence sOukh 39'-1G'-211" I;a"t. S.G4 Lcet to n point of inkCrscction with the lie::tcrly -,,rq Ln of paid Lake 4laehinetan Raulovard, said pn Vnt heLng on n curve of tadiu5 34?.G4 I:Cet Crass which 01L, yentee '.trtnec Sou tl, 49'-40'-39' Cost; th,=ncc lcrViaq :aid Ul Atarly to:•r7+n of Lakc, WnnI,inrjtor. lsoulcv,zrrl ;tlon,,t th,-.r.,,j Lit to Lite curv,t, Isnvi nq a [:,dills uC :14'1. 1'"': 1: ;nut ; central angle of 35'-21'-•;l" .nu Ltt 1;9"--40'-3U" Gait 1;0.00 feet to the true IMint of Liogi-u,ing. .. CenL1 y' 11,9e9 rauure feet or 0.2'1: vcrr_s, n?rd - i o• V - �xttYBTT "8" Tfxat r�n of Egan AventLd North, North of Gth Stree located inSection 7, Township 23 North, Range 5 East, W-H- State Of Washington described as £allows. Beginning 'at the Northwest corner f the inrseCtion of ivgaa o Avenue-Hprth and 6th St;ef, thence H. E_ 3 distance of 1290,,87','thence S. 89' -33'-42" E. a distance of 5.00', the N. p•_-2fi'-1B^ E_ a distance of 864.73' a distance of . thence N. 41• _221-31" S4. . distance of 25.31, thence N. 430 -4?'�01" E. a 50.18 , thence s- tance of 43.92', thence S. a dis- D° of 883.831, thence S. W. a distance 25.461, thence S. distance stance of -Z6'-x8" w. a d8.87' istance of 129 thence N. 8 9 ' -341-11".N. a distance point of be9izu�irr of . 149,3fi0.5$ s.f. Bo.pfl to the g• An area of 3.43 acres or 1 0 That partioq of f.a:;u 1:.•s.`. i,-. �:':01 LWeI�v-e rrl, ,r Lr� kn,.t"n a'a tuconearY LLB- !: i••r r_iy iro. 2A a j r.rr% ' Avenue in kcnton, UJ:;t%1ngtar:. "site., red in Lne f:urth- OeSt QJLrtCr 0= :1CC ttun C. 27 0111t", fL.Rq,! f r East, :r_f[., FL1r.9 Ca .%=v, L{�s`:irgtoa, vote• pa t:1ccl.arly " dc►cribed :.y Collc.s; ' Connrneing at th0 inCereeCtion of the mouth line of t.aid r:o= th•-jest puurter with thu Eantcrl�• mxrryin of aai.'_ r Lake iias ington UDulcvard, ouit! point ol. intar=CCtion ' alto beira the Soutlrwait corner of Lhc Cod-i ng Com.01.ny's �. tract known as ['areal IV; thence north 0' Lest alas ^y tha l:a:turly mgt9ln of s.,id 1.Y.;c 17:j5h i; gran lloulevece- 1,2E3.41 feet to a point 30.00 feat right of and fnea&w:a d at right angles to the Hushing Lan Statc r!1gh.+ay beparta*nt North Kenton Interchange Ccn[Crline Stztio, "A`, 0+00, Caid Station being the Point of i curvature OE a curve to the right of centerline radiL:s - 572.46 feet; t.henrc concinulr'.q Yoeth 0•-57'-4i" L.r't along the Eaattrly margin of paid Lake 11ashington Boulevard 295.08- feet to the point of intersection with - a curve of radius 617.05 feet having a radial !:taring , South 60'-30-59` Ca-_t: thence ContLneinq Morth 0' --0 -571-41 East along acid Cluterly margin 1.139 feet, thence tangent. to the preaadiaq courze Ncrtlre3sterly along A curve to the right having fa rJLLLiz Of 267.64 d Peet and a -central Anglo of ]9' _211_4ILI an r.rc distance of 197.60 'fact to the true pni,lt Of beginning; - ' thence continuing Nocthvau Lvrly a10rj acid a•lrvu a4 . 04 sort distance of 49-93 feet to a point of rcverr•o k•' ir. curvature of a cur-4 to the lt:ft of rudlu- 2,113.37 . Cj feet; thencC Northeaatcrly along said curve to the loft an arc length of 145.43 feet -to a point of intec::0ct1On with the Southwesterly margin of said north 1i,'AtOn _ Znterchanga from wheAct the center of said curv, bears NgrtF. 43'-40'-3Y L;est; thenca North 49'-11-29" - -west along the South:est4cly n4r7in of :;aid interchange 60-06 feet to a_point on the uurthvcsterly rm rgin of - ' said f.aY.e 1*ashington poulcvard 4ntl the rvuthezkstorly' �- margin of the Surlirg:s.a `.Grkhern Paill,ay night -Of -Nay, raid point Lein-; on a curve oL radio: 7,052.17 fact - from +.rich the eenttr tears North 5]`-3L'-11'-1+zs:; thence Southr.esteriy along said curve un :r v length of 130.G0 feet to a point of paint of Canyency; thcne, South 5o'-53'-32' Nest along the Savthea.t ctly roar'rfin of , caid Ludington Northern railway hlght-Qf-t+ay 41_G2 ' ' fgef; thence Louth 39'-16-2..0" Lust 5.G4 fret CO a' S paint of lgterseetlOA with the ,aestcrly rryin of ::raid i L;bte �rashLnston Uoulcvard, taVO Point Kathy an ;L Curve Of radius 347-54 feet from which lhc• O-:nter ljrar_ South 494 -lop-38" East; thcncc leaving :aid lrosterly M. r;in Of Laku ffnyljington FlucluvaCd along L'he r.:dLn1 to the curve, b"Vinq a raLi4c of 31•7-G4 fact :cud 4 ccntrrl nnyle.'Of 19'-_ij^41 fouth :5, rapt L0.00 feet to L4C tz L; ;lout of 1)L'il ,inrllh ). ;• 1. - -1949 tzuare feet ur 0.274 acres: more ti .n..14 li C7tILI0 ZTOf02 -, • w :rtat pOrCLOn of u'Forth, o,•pr th of 4th street iocat" Ln SE ctipn 7, Ta,inship 23 North, Tango 5 East, 1:. R. State of iforhington described ag rQ110.9: j $ ' - b*%LRni" at the Narthrest Cane; of the ir.tersegtion . of L-09 n Avenue Worth one 6th street, thchCe H. a• C. a dlotanpe of 129E,EV thence , S. 89- t:_ n dSatanee of 5_001, then.,, N, a•.-Z6'-1B' a diatanca of 864.73', Sig thraca N. 41--221-3t, si- - a distance of 75.31•. thench N, 43` distance of 50.18', thence S. 41•-22'--31" 1. a dis-. once of 93.921. thence s. o•-26'-ID. Cq H. fr a Of ES3-93', thef.ce S- E9'.-33'-S2` E . cliff dLRnce dL tunc4 of 25.461, Eheaca S.'p• ' -26'-1B" t'.• a dfctsncc nE 129B,C7', tbtnCe M- 0A'-34'-11"Ji. a distance to the paint of be9LnnLny. An area of 3,43 149,36D.58 a.f. _ •- - m .< '4 .. - Page 2 of 2 ' -Pt,5TCo?IA/Al LA D Lf- j 16 WHEN RECORDED RETURN TO Tbomas A Barkew►tz Alston, Courtnage & gassetti LLP 10DO Seeond Avenue Suite 3900 Seattle, Washington 98104-1045 Document Title: Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Southport Grantor: Southport, LLC Grantee: Southport, LLC Legal Description: Abbreviated Legal Description: Lots 1-4 of Renton Short Plat No LUA- 99-134-SHPL Full Legal Description: See Exhibit A attached -�� Assessor's Tax Parcel Nos.: 052305-9076-03 u-T Reference Nos. of Documents Released or Assigned: Not applicable DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR SOUTHPORT ca THIS DECLARATION is made this 14`' day of November, 2000, by SOUTHPORT, LLC, a Washington limited liability company, whose address, is 10843 N E 81h Street, Suite 200, Bellevue, Washington 98004 RECITALS A Declarant is the owner of that certain real property located in the City Renton, King County, Washington legally described in Exhibit A, attached to this Declaration (the "Property") The Property is currently known as Southport A site plan for the Property is attached as Exhibit B B Declarant desires to create certain easements over and across the Property to assure the proper and efficient development, operation and functioning of the Property, to create provisions for the construction, maintenance and operation of common areas and 3 l29%00> Lill 3100 - l - T3 ARK E�SLCO\SO UTri POR i cZ) other buildings and improvements now or hereafter located on the Property, and to make certain other covenants and agreements relating to the Property as more specifically set forth in this Declaration DECLARATION NOW, THEREFORE, Declarant declares that all of the Property is and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon or otherwise used or improved in whole or in part, subject to the covenants, conditions, restrictions, and easements ("Covenants") hereinafter set forth and all of the Covenants herein contained are declared and agreed to be in furtheranLe of a general plan for the subdivision, improvement and lease or sale of the Property and are established for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Property and every part thereof SECTION 1 PURPOSE l 1 Pui pose It is the purpose of this Declaration to (1) Ensure that the Property will be maintained as an attractive setting for office, hotel, residential, retail and other consistent uses with ample landscaped areas, attractive high -quality structures, proper and desirable uses and appropriate development of all of the Property, (n) Protect the Owners and Occupants of the Property against improper and undesirable uses of the Property, locations, (iti) Encourage the construction of attractive lmprovernerits in appropriate (iv) Prevent haphazard and inharmonious development of the Property, (v) Secure and maintain proper setbacks from streets and adequate spaces between structures, and provide high quality development on the Property 1 2 lnte retation Section 1 shall be used by the Declarant and the Association as a general standard in interpreting the provisions of this Declaration and judging performance hereunder, in the preparation and revisions of the Ouldelines, in approving or disapproving the development of Lots, and in carrying out the overall development of the Property 312%005 11 It 3100 -2 - TBA RKEISCMSOUT HPORl SECTION 2 DEFINITIONS 2 1 Beneficiary means the beneficiary under terms of a Deed of Trust or a mortgagee under terms of a mortgage 22 Board of Directors means the governing body of the Association as described to Section 5 2 3 Budding means and include the principal structure or structures on any Lot, including all projections or extensions thereof, and all garages, outside platforms, out buildings, decks and other ancillary structures and facilities, except where ancillary structures and facilities are otherwise specifically referred to herein 24 Gty means the City of Renton, Washington, a Washington municipal corporation, located in the County CTIr 25 Common Areas means those portions of the Property now or hereafter +=0 designated as common areas by Declarant or, after its formation, by the Association, including private roadways to serve all or part of the Lots and all curbs, gutters, signs, sidewalks, driveways and landscape areas adjacent to the private roadways serving the Lots, .— including, Without limitation, the Main Access Road, the Pedestrian Promenade (which will include a landscape feature) and the Monument Sign and all lighting, utility, sprinkler and other systems, equipment and facilities located on or serving the Common Areas, as such may be altered, reconstructed, expanded or withdrawn by Declarant or the Association from time to time For the purposes of this Declaration (including, without limitation, the easements set forth in Section 6 4), the Main Access Road and the Pedestrian Promenade will be generally located in the area shown in Figure I and Figure, 2, respectively, attached to this Declaration The parties acknowledge that the actual location and dimensions of such Common Areas may not be determined until the Improvements to be constructed on the Common Areas are completed The parties to this Declaration agree that, upon completion of the Common Area Improvements, the Association shall obtain a survey of such Common Area Improvements showing the exact location and dimensions of each such Common Area and a Legal Description therefor The parties to this Declaration further agree that, upon receipt of such survey, the Association shall record in the real property records of King County, Washington, an amendment to this Declaration showing the actual location and dimensions of each Common Area Notwithstanding the foregoing, and except for minor adjustments to reflect the as- biAt location of the Main Access Road and Pedestrian Promenade, neither Declarant nor the Association may designate additional common areas on any Lot without the prior written approval of the owner of such Lot 26 County means the County of icing, State of Washington 3129%045 l 1)131W -3 - 1 f3ARKL 1Si CQ\1,0UTV1P0R r 27 Covenants means the covenants, conditions and restrictions set forth in this Declaration and as it may he amended or supplemented from time to time hereafter 28 Declarant means Southport, LLC, a Washington limited liability company and its successors and assigns Declarant's assigns shall be deemed to include any party whom Declarant designates, by means of a notice Recorded in the Official Records, as the party who, from and after the date such notice is Recorded, will perform Declarant's functions under this Declaration Any such designation may be made with respect to all or any portion of the Property, provided that in the event that any Person or entity is so designated as Declarant for only a portion of the Property, then the right and power to mare, give or take any consent, approval or other action required of the Declarant under this Declaration with respect to such portion of the Property, and any rights of the Declarant under this Declaration with respect to such portion of the Property, shall be deemed lodged solely and exclusively in the Person or entity so designated as Declarant with respect to such portion of the Property 29 Deed of Trust means a deed of trust or mortgage on any portion of the }property or leasehold interest therein r - 2 10 Guidelines means the Southport Level 11 Site Plan dated December 15, 1999, r- approved by the City of Renton for the development of the Property, together with any standards, restrictions, regulations and criteria applicable thereto, as the same may be c_- modified or supplemented from time to time, which Guidelines shall be referred to by Dectarant and the Association in inteTreting the intent of this Declaration and provided that C-J the Guideline approximate building; areas (excluding parking uses) shall be Lot 4 Office 750,000 square feet Lots 2 and 3 Residential 394 units Lot 1 Hotel 220 rooms Detail/Restaurant 40,000 square feet Notwithstanding the foregoing, if the development of a hotel on Lot 1 is not economically feasible or, if despite reasonable best efforts, a suitable hotel operator cannot be found, Lot 1 may be developed for office and/or retail use, subject to the height, bulk and similar requirements and restrictions set forth in the Guidelines, or if such development is not in compliance with the Guidelines, such other criteria as may be approved by the Owner of Lot 4 A copy of the Guidelines shall be maintained in the offices of Declarant and the Association 2 11 Improvements means and include Buildings, structures, Signs, fixtures, driveways, parking, loading and/or storage areas, fences, sidewalks, other walk and/or 3129%00 5 1 i ! 13I00 -4- TBARKF\'SECO\SOUTiiPOR r bicycle ways, paved areas, curbs, gutters, antennae, satellite dishes, tanks, towers, hoppers, storage gins, fixed machinery, transformers, walks, screens and barriers, retaining walls, bridges, drainage structures, stairs, decks, landscaping, water hydrants, poles, grading changes, loading areas and all other structures or Improvements of every type and kind, name and nature and all additions, alterations and changes thereto, except where such specific improvements are individually referred to herein 2 12 Lot means any parcel of real estate contained within the Property as divided or subdivided on a subdivision plat or map or binding site plan recorded in the Official Records Individual Lots are referred to in this Agreement by the number of such Lots in the Short Plat (i e , Lots 1, 2, 3 and 4) At such time as any additional parcels are created by the subdivtsion of any existing Lots, each such newly separated parcel will be treated as a Lot for all purposes under this Declaration 2 13 Main Access Road means that Common Area on which the main access road to the Property is located, which Common Area is shown on the map attached to this � Declaration as Figure-1 "Monument Sign" means the monument -type sign for Southport to be developed and maintained by the Association as provided in Section 4 8 below " - 2 14 Occupant means any Person, other than an Owner, and the successors and assigns of any thereof that is in possession of or otherwise occupying one or more Lots at any particular time or times, whether as a lessee, sublessee, licensee or pursuant to any lease, sublease, license or other right of occupancy with or through. the Owner of such Lot or Lots 2 15 Official Records_ means the real property records of King County, Washington 2 16 Operator means Declarant or a person or entity designated by the Association as having responsibility for maintaining the Common Areas 2 17 Owner means, at any particular time or times, any Person, and the successors and assigns of any thereof that owns fee simple title to one or more Lots, as shown by the Official Records, provided, however, that a Beneficiary shall not be deemed to be an Owner so long as its interest in the particular Lot or Lots is for purposes of security only 218 Owner's Association (sometimes referred to as the "Association") means the association of Owners created and described in Section 5 2 19 Pedestrian Promenade means that Common Area on which a pedestrian walkway will be located, which Common Area is shown on the map attached to this Declaration as Figure 2 The landscape feature within the Pedestrian Promenade will be located in the area designated on Figure 2 for such feature 312c W05 1 1 l 1 V00 - 5- T B A RK L� SE C ON S O U T H ?o RI 220 Permittee means a person or entity, in addition to an Owner or Occupant of a Lot, who is entitled to use the Common Areas as an employee, agent, licensee, customer or invitee of an Owner or Occupant 221 Person means an individual, group of individuals, corporation, limited liability company, partnership, trust, unincorporated business association or such other legal entity as the context in which such terra is used may imply 222 Property means all of the real property described in Exhibit A and such additional real Property as may be added from time to time 223 Record or Recorded means, wilh respect to any document, the recordation of the document in the Official Records 224 Short Plat means the Seco Development, Inc Southport Short Plat approved as Renton Short Plat Number LUA-99-134-SHPL, recorded January 31, 2000 under recording number 20000131900006 in the Official Records. C'-) 225 Sign means any structure, device or contrivance and all parts thereof which Lry ' are erected or used for advertising, directional or identification purposes or any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever, which is placed, posted or otherwise fastened or affixed to the ground and/or structures within the boundaries of the Property 226 Subdivision means any binding site plan or subdivision plat or map Recorded C�n with respect to the Property or any portion thereof in the Official Records C-i SECTION 3 REGULATION OF USES 3 1 A roved Uses lots within the Property shall be used for purposes allowed by the zoning for the Property and consistent with the Guidelines The foregoing shall not, however, prevent Declarant from constructing, owning, operating, leasing or conveying real property within the Property for service facilities consistent with the purposes of this Declaration 32 Compliance with Governmental Regulations Alt uses and activities on each Lot shall comply, at the sole expense of each Owner, with all applicable governmental regulations and the development approvals issued for the Property including, without limitation, the Guidelines, the City of Renton Substantial Development Permit 4LUA 99- I89, SA -A, the Washington State Department of Ecology Permit 42000-NW-40003 and the Southport Planned Action Mitigation Document prepared by the City of Renton, dated September 17, 1999 All uses and operations shall be earned out so as not to cause a nuisance to adjacent Lots Each Owner reserves the right to seek to amend or cause to be 3129%005 1 S 113/00 -6- 1 i3ARKE\SEC.01S0tiT1 IPOit E amended any of the governmental regulations, including all goverrirnental zoning laws and regulations, and development approval conditions as they relate to the Property or any portion thereof, provided that such amendment does not further limit the uses allowed on Lots owned by any other Owner, nor increase the costs to develop, operate or maintain the Common Areas Without limiting the foregoing, the Owner of Lot 4 may seek clarification of the Guidelines and related approvals to permit the development of up to 750,000 square feet of office on Lot 4 and, subject to the provisions of Section 2 10 above, the Owner of Lot 1 may seek clanfcation of the Guidelines and related approvals to permit office and retail uses on Lot 1 3 3 Compliance with Non -Opposition Agreement All uses and activities on each Lot shall comply, at the sole expense of each Owner, with all applicable provisions of that certain Non -Opposition Agreement dated September 27, 1999 by and between Michael Chnst, One, LLC, the Boeing Company and the City of Renton (the "Non -Opposition Agreement"), as such Non -Opposition Agreement may be revised by the parties to it The Non -Opposition Agreement is attached as Exhibit C 34 Use Restrictions m (i) No use shall be pemi tied on the Property which is inconsistent with the Guidelines and the operation of a first-class mixed use center Without limiting the generality of the foregoing, the following uses stall not be permitted (a) Any use which emits an obnoxious and offensive odor, noise, or sound which can be heard or sinclled outside of any building on the Property, CZP (b) Any operation primarily used as a warehouse operation and any `~' assembling, manufacturing, distilling; refining, smelting, agricultural, or reining operation, (c) Any disposing, incineration or reduction of garbage (exclusive of garbage compactors located near the rear of any building), other than for garbage generated by the respective Lot Dumping of garbage is, notwithstanding the source thereof, prohibited All garbage compactors and garbage and recycling containers must be screened with landscaping or attractive architectural features so that such compactors and containers are not visible from the Main Access Road or the Pedestrian Promenade (d) Any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any building), (e) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation, (t) Any commercial bowling alley, and 31291005 11/13100 -7- MARY, rl5VC01S0UTHP0R1 (g) Any establishment selling or exhibiting pornographic materials, (n) No Permittee shall be charged for the right to use the Common Area (tit) Each Owner shall cause the employees of the Occupants of its Lot to park their vehicles only on such Lot unless other arrangements are approved by the Association or as agreed to under easements among the Owners See Section 7 below (iv) This Declaration is not intended to, and does not, create or impose any obligation on an Owner to operate, or cause to be operated, a business or any particular business on the Property or on any Lot (v) No Owner shall use, or permit the use of Hazardous Materials on, about, under or in its Lot, or the Property, except in the ordinary course of its usual business operations conducted thereon (including the marine facility intended on Lot 1), and any such use shall at all times be in strict compliance with all Environmental Laws Each Owner shall indemnify, protect, defend and hold harmless the other Owners from and against all claims, suits, actions, demands, costs, damages and losses of any kind, including but not limited to U-1k costs or investigation, littgatton and remedial response, arising out of such Owner's breach of the obligation set forth in the immcdiately preceding sentence For the purpose of this s� Section, the term (i) "Hazardous Materials" means petroleum products, asbestos, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances listed or identified in, or - regulated by, any Environmental Law, and (ii) "Environmental Laws" means all federal, state, county, municipal, local and other statutes, laws, ordinances and regulations which relate to or deal with human health or the environment, all as may be amended from time to time cam., 5 Notification and Cure Period If violation of this Declaration is claimed by Declarant, an Owner, or the Association, then written notice of the violation shall be delivered to the Owner to violation The Owner receiving the notice will have sixty (60) clays to cure the violation or show good faith that such violation is in the process of being cured If the Owner in violation fails to cure the violation within such 60-day period or a further reasonable time, then the Association may, at its option, proceed with any legal •means to cure the said violation If the .Association fails to cure in a timely manner, then any Owner shall have the right, but not the obligation, to cure and be reimbursed by the Owner in violation, including all expenses, legal fees, and interest thereon SECTION 4 DEVELOPMENT 41 Development Standards Development of the Property shall be in accordance with the Guidelines and this Declaration All Improvements constructed within the Property will be constructed of first quality construction, using high quality materials, finishes and 3i29\005 iv13100 -8- i BAi KLti SLLONSOIlTHP0KT details, and will be architecturally destgned so that they are esthetically compatible and harmonious with the other Improvements on the Property No Building or other Improvement on the Property will be built in such a manner as to adversely affect the structural integrity of any other Building or improvement on the Property All Improvements shall be maintained and operated in a manner consistent with a first class commercial and residential development 42 Underground Utilities Except for easements or utilities existing as of the date of this Declaration, and hoses and the like which are reasonably necessary in connection with normal lawn and landscaping maintenance, and except as otherwise required by any utility provider, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power or television cable, or similar transmission line on the Property shall be installed or maintained above the finished grade of the ground All utilities serving the Common Areas wall be separately metered 43 Utili!y Lines_ and Rooftop Equipment No sewer, drainage or utility lanes or wires or other devices for the communication or transmission of electric current, power, or signals, including telephone, television, microwave or radio signals, shall be constructed, Lr-r placed or maintained any where in or upon any portion of a Lot other than within buildings C") or structures, unless the same shall be contained in conduits or cables constricted, placed or a maintained underground or concealed in or under buildings or other structures All rooftop Cma equipment (including, without limitation, antennas and satellite dishes for the transmission .� or reception of telephone, television, microwave or radio signals) placed on any Lot shall be appropriately screened from view, provided, however, that the Association, by majority vote of the Board of Directors, may permit variances to this screening requirement, if such requirement would have an adverse effect on the warranty of any such rooftop equipment, or CID would result in a safety hazard, but only if there is no reasonably economic alternative to the � variance of the screening requirement, and notwithstanding such variance, the rooftop equipment cannot be seen from the street level or windows on the first occupied floor of any Improvements on the property With respect to the residential developments on Lot 2 and Lot 3, rooftop design, use and screening similar to the Belie Arts project at l l l — 108`h Avenue NE in Bellevue, Washington will be permitted 44 Mechanical E ui ment All mechanical equipment, storage tanks, generators, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features 45 Time for Completion of Construction After commencement of construction of any Improvements or phase of any Improvements, the Owner thereof shall diligently prosecute the work thereon to the end so that the Improvements shall not remain in an unfinished condition any longer than reasonably necessary for completion thereof Dunng construction, the Owner shall maintain the Lot in a reasonably neat and orderly condition, preventing the accumulation of trash and prevent more than normal runoff of surface water 3134/005 11113100 -9- TBARI+EISEC '01JMPORT c-71L and soil from the Lot onto adjacent property or streets The Owner shall also be responsible for the costs of traffic control and security with respect to the Improvements and for any clean-up and repair of Common Areas, Streets or other public areas attributable to the Improvements The requirement to complete construction of any phase of any improvement on any Lot in a diligent and continuous manner shall be subject to acts of Gott and circumstances beyond the control of an Owner Completion of construction shall include completion of all landscaping as required by the City of Renton If a certificate of occupancy or similar letter of completion for a shell. budding is not issued within thirty (30) months years of the date of commencement of construction of any phase of the Improvements, the Declarant, the Association or any Owner shall have the option to proceed with such construction or remove such incomplete Improvements in accordance with the cure provisions herein Costs incurred by the Declarant, the Association or any other Owner in connection with such removal or construction shall be paid by the Owner of the affected Lot and all such costs and expenses incurred by the Declarant, the Association or any other Owner shall bear interest from the due date at the rate of eighteen percent (1$°./0) per annum 46 Excavation No excavation shall be made on any Lot except in connection with construction of improvements, as required by any regulatory agency, to maintain the developability of the Lot (i e , stormwater drainage retention areas) or as may be directed by a master utility, grading or drainage plan Upon completion of construction of Improvements on the Lot exposed openings shall be backfilled and disturbed ground shall be smoothly graded and hydroseeded or, at the Association's election, landscaped 47 Further Subdivision It is Declarant's intent to separate that portion of Lot I lying within bake Washington from Lot I at some ttme in the future, making that portion of Lot I a new and separate Lot governed by this Declaration Other Owners may further subdivide their Lots, with each such Lot being governed by this Declaration, provided, however, that such subdivision complies with the Guidelines and all other applicable governmental regulations and the requirements of this Declaration 48 Si na e A signage plan for the Property will be developed and approved by the parties to this Declaration Such signage plan shall include the Monument Sign, to be located adjacent to the entrance to Southport along Lake Washington Boulevard, or at the first point along the Main Access Road which is within Southport The Monument Sign shall include the opportunity for reasonable identification of major office tenants in the office developed on Lot 4, the hotel to be- developed on Lot I (which shall have prominent signage), the residential projects on Lots 2 and 3, and any restaurants and major retailers SECTION 5 OWNER'S ASSOCIATION 5 1 Formation of Association_So long as Declarant owns all of the Property, all references in this Declaration to the Association shall be understood to mean Declarant, and 3129NOOS 1 t1I3100 -10- I BARIkE\SEMSOUTHf ORi Declarant shall have the right to exercise all powers and duties and shall have all authority and benefits otherwise provided in this Declaration for the Association At such time as Declarant no longer owns all of the Property or otherwise elects in writing to establish the Association, the Declarant shall cause the Association to be created by incorporating a not - for -profit corporation under the laws of the State of Washington to be called "Southport Owners Association" or a similar name selected by Declarant Upon the 6ormation of the Association, every Owner of a Lot shall automatically be and become a member thereof during, and only during, all periods of such Owner's ownership of such Lot The Association shall be governed in accordance with articles and bylaws to be prescribed at the time of formation of the Association Pursuant to such articles aad bylaws, the purposes of this Association shall be to enforce the Covenants, to own and/or maintain certain Common Areas as designated by this Declaration and accepted by the Association from time to time, to assume such other obligations with respect to the Property as the Association deems appropn ate, and to fulfill such other purposes as the Association may deem necessary or appropriate to enable the Association to carry out the purpose and intent of this Declaration No Occupant or other third party may exercise any right or privilege of a member of the Association except pursuant to a wntten proxy issued by the Owner of the Lot and on file with the Association &_e"y 52 Board of Directors The articles of incorporation and Bylaws of the C-7 Association shall provide that the Association shall be governed by a Board of Directors consisting of seven (7) directors At such time as the Declarant no longer owns all of the Property the directors will be selected by the Owners as follows (i) two (2) directors will be �L selected by the Owner or Owners of Lot 1 (o) two (2) directors will be selected by the Owner or Owners of Lots 2 and 3, and (iii) three (3) directors will be selected by the Owner or Owners of Lot 4 The directors selected by the Owner of each Lot shall serve at the discretion of such Owner, and may be removed or replaced at any time and from time to time by such Owner in the event an), existing Lot is subdivided, the Owner of such Lot ' may allocate the directorships for such Lot as such Owner may determine r.� 53 Assessments (1) The Association and its obligations hereunder shall be financed by annual assessments and special assessments which shall be allocated among the respective Owners of Lots pursuant to the further provisions hereof The Association will be responsible for maintaining the Common Areas in good condition and repair in accordance with Section 6 2 below The Board of Directors will, in its sole discretion, select a Manager or Operator responsible for maintaining the Common Areas Maintenance expenses for the Common Areas will be home by Owners as set forth in Section 6 3 of this Declaration (n) Each year the Board of Directors of the Association shall prepare and approve an annual assessment budget (the "Budget") which shall include a reasonable estimate of annual normal expenses and a reasonable contingency reserve for future years 3129\00 i ►1113100 T8AKKF1SEC0LS01J rHPORT Except for the specific maintenance costs to be bonne by Owners as set forth in section 6 3 of this Declaration, the costs of operating the Association, as set forth in the Budget, shall be spread and levied on each Lot, as follows Until such time as development occurs or commences in the portion of Lot 1 beyond the shore of Cake Washington, the allocation of costs of the Association other than maintenance of the Common Areas shall be as follows Lots 1, 2 and 3 50% Lot 4 50% The costs as among Lots 1, 2 and 3 shall be shared equally Beginning at such time as development occurs or commences in the portion of Lot l beyond the shore of Lake Washington, the allocation of costs of the Association other than maintenance of the Common Areas shall be adjusted by the Association to reflect the use associated with such development, based upon trip generation or similar criteria (iii) From time to time during any year, the Board of Directors may spread and levy additional special assessments against the Lots for extraordinary or unforeseen expenses to be levied in the same maruier as the annual Budget (iv) All assessments levied shall be payable at such time or times as determined by the Board of Directors The payments shall be due within thirty (30) days after the due date of notice of such levy Assessments not paid on the due date thereof shall accrue interest at the lesser of eighteen percent (18%) per annum or the maximum interest rate legally allowed for such obligations in the State of Washington T (v) The amount of any assessment not paid on the due date thereof together with all interest from time to time accrued thereon shall constitute a lien upon the Lot, which lien may be enforced and foreclosed in accordance with the provisions of Section 9 5 4 Review of Association Books and Records Upon the request of any Owner, the Association shall provide such Owner reasonable access to the books and accounting records of the Association Any Owner; at such Owner's sole cost and expense, may conduct an audit of the Association's books and accounting records if such audit discloses a discrepancy in excess of five percent (5%) of the Association's annual operating budget, the Association shall revise its budget and/or its associated assessments to the Owners in keeping with the findings of the audit 5 5 Other Provisions The articles and by-laws of the Association shall contain such other provisions as the Owners may deem necessary or appropriate for the Association to carry out the purposes and intent of this Declaration 3129/005 11113r 0 -12- TBARKE1SEC01S01Jl HPOR r 56 Commencement Assessments relating to the operating costs of the Association, Insurance maintained by the Association, and similar non -maintenance expenses shall begin when the Association is formed and such costs are incurred, and shall be allocated to all Lots regardless of whether or not such Lots have been developed Assessments relating to the maintenance and repair of Common Areas shall commence as to each Lot upon the issuance of the first permit authorizing occupancy of any Improvements on such Lot, and Lots that are not developed do not have to pay any such maintenance expenses During construction activities, any maintenance or repair costs to the Common Areas arising due to construction use shall be allocated to the Lot or Lots whose construction activities give rise to such maintenance and repairs, as reasonably determined by the Association SECTION 6 COMMON AREAS; EASEMENTS 61 Common Areas The Main Access Road, the utilities not otherwise to be LAI, maintained by the provider of such utilities, the Pedestrian Promenade and the Monument c� Sign are all Common Areas of the Property LSI c1 62 Maintenance of Common Areas Following their initial installation, the Association shall be responsible for the maintenance, upkeep, repair, resurfacing and improvement of the Common Areas to maintain them in a good, sanitary, attractive and first-class condition and on a consistent basis throughout Southport Such maintenance and repair shall include, without limitation, maintenance and replacement of trees, shrubs, vegetation, irrigation systems and other landscaping within the Common Areas, repair and maintenance of all centrally metered utilities, mechanical and electrical equipment in the Common Areas, repair and maintenance of all roadways, walkways and sidewalks within the Common Areas, and maintenance and repair of the Monument Sign 63 Maintenance Costs The cost of maintenance and repair of the Common Areas of Improvements within the Common Areas shall be paid as follows, unless otherwise agreed to in writing by the Owners Until such time as development occurs or commences in the portion of Lot 1 beyond the shore of Lake Washington, the costs of maintenance and repair of the Main Access Road and related landscaping, walkways, utilities and lighting shall be allocated as follows Lots 1, 2 and 3 50% Lot 4 50% 3129\005 11113/06 -1 3 - TBARKU'bECo\SOUTH110K I The costs as among Lots 1, 2 and 3 shall be shared equally Beginning at such time as development occurs or commences in the portion of Lot I beyond the shore of Lake Washington, the allocation of costs of maintenance and repair of the Main Access road and related landscaping, walkways, utilities and lighting shall be adjusted by the Association to reflect the use associated with such development, based upon trip generation or similar criteria The cost of maintenance and repair of the Pedestrian Promenade and related landscaping, walkways, utilities and lighting shall be shared by the Owners of Lots 1, 2 and 4 as follows Lot 1 and Lot 2 50% Lot 4 500/0 The allocation as among Lots l and 2 shall be determined based on the percentage (as between Lots 1 and 2) of linear foot frontage of each of Lots l and 2 on the Pedestrian Promenade Each Owner shall maintain its Lot or Lots and the Improvements thereon (including Landscaping and any access roads not part of Common Areas) in a safe, first-class condition consistent with the other Lots and Improvements If any Owner fails to maintain its Lot and the Improvements required to be maintained by such Owner in such manner (the "Non - Complying Owner"), the Association may give such Owner written notice of such failure to maintain the Non -Complying Owner's Lot in accordance with this Declaration The Non - Complying Owner will have sixty (60) days to cure the failure, or provide the Association evidence that the Non -Complying Owner is diligently proceeding to cure its failure if the Non -Complying Owner does not cure its failure within the 60 day period, or any reasonable longer period supported by the evidence presented to the Association, then the Association or any other Owner may, at its option, proceed to take any actions it deems appropriate to maintain such Lot, and the Non -Complying Owner shall, on demand, reimburse the Association or any other Owner for all of the costs and expenses incurred to maintain the Lot 64 Private Easements (t) Subject to the linittations set forth in this Declaration, each Owner, as a grantor, grants and conveys to each other Owner as a grantee, the following easements 3129%005 111 i 3/00 - 14- TBARKE1SECOISOU riii'OR I (a) A non-exclusive, perpetual easement for ingress and egress from public streets and permitted private roadways adjacent to the Property for vehicular and pedestrian traffic over and across the Main Access Road (b) A non-exclusive, perpetual easement for ingress and egress from the Lois, for pedestrian traffic only, over and across the Pedestrian Promenade (provided, however, that emergency vehicles will be permitted access over the Pedestrian Promenade to respond to emergency situations) (c) A non-exclusive, perpetual easement for parking, along the Main Access Road in such parting spaces and under such rules and regulations as the Association may determine, and consistent with any Parking Management Plan adopted by the Owners and approved by the City of Renton The Association will have the right, but not the obligation, to hire a third party parking management company to manage such parking (d) A non-exclusive, perpetual easerent over, under and across the Main Access Road for the installation, operation, use, maintenance, connection, repair, relocation and removal of utility lines serving the grantee's Lot, including, but not limited to, water, sewer, gas, electrical, telephone and communication lines (e) A non-exclusive, perpetual easement over, under and across the fire access roadway to be constructed over a portion of Lot 4 (the "Fire Access Road"), as shown in the attached F gure 3, for ingress and egress for emergency vehicular and pedestrian traffic and for the installation, operation, use, maintenance, connection, repair, relocation and removal of utility Imes serving the grantee's Lot, including, but not limited to, water, sewer, gas, electrical, telephone and commur2cation lines The Owner of Lot 4 will use its best efforts to provide five (5) parking stalls within the Fire Access Road for the use of the Ovviier of Lot 1 (or the Owner of any new Lot tying within Lake Washington) (it) Subject to the limitations set forth in this Declaration, each of the Owners of Lot 2 and Lot 4, as a grantor, grants and conveys to the Owner of Lot t , as a grantee, a non-exclusive, perpetual easement over that portion of Lot 2 and Lot 4, respectively, within the Fire Access Road and/or Pedestrian Promenade as necessary for ingress and egress to and from a portion of Lot l which includes the land lying within Lake Washington, subject to such reasonable rules and regulations as the Owner of Lots 2 and 4 may establish for the use of the marine facility located on Lot l At such time as that portion of Lot 1 lying within Lake Washington may be separated into a new Lot, this easement will run in favor of the Owner of the new Lot (w) Subject to tlic limitations set forth in this Declaration, each of the Owners of Lot 1 and Lot 2, as a grantor, grants and conveys to each other, as a grantee, a non-exclusive, perpetual easement over the roadway to be constructed between Lots 1 and Lots 2 as shown in the attached Fi ire 4 (the "Waterfront Access road") for ingress and 3129\005 11/ 13/00 -15- TBARKF1WCO\SOU 111PORT egress and for the installation, operation, uso, maintenance, connection, repair, relocation and removal of utility lines serving the grantee's Lot, including, but not limited to, water, sewer, gas, electrical, telephone and communication lines (iv) Subject to the reasonable rules and regulations adopted for the use of each Lot by the Owner thereof, the use of all easements created by this Declaration will, in each instance, be non-exclusive and for the use and benefit of the Owners and their respective successors and assigns, and such agents, customers, invitees, licensees, employees, contractors, Beneficiaries, tenants and tenant's customers, invitees, employees, licensees, contractors and agents as may be designated by each Owner from time to time (all of which persons will be Permittees) Each Owner specifically reserves the right, at any time and from time to time, to promulgate such reasonable rules and regulations applicable to the Owner's Lot as may be imposed to promote the health, safety, welfare and security of such Lot, the improvements located thereon and the Occupants and Permittees of such Owner Each Owner may, at any time and from time to time, remove, exclude and restrain any person from the use, occupancy or enjoyment of any easement created by this Declaration or the area covered thereby for failure to observe the reasonable rules and regulations established as provided herein If unauthorized use is being made of any easement area by any of the Owners or their respective Permittees, such unauthorized use may be restrained or terminated by appropriate proceedings after written notice to the defaulting Owner and failure to abate such unauthorized use within a reasonable time (v) No wails, fences or barriers of any kind may be constructed or maintained in the Common Areas or any portions thereof by any Owner which will prevent or impair the use or exercise of any of the easements granted pursuant to this Section 6 4 or the free access and movement of pedestriaiis and vehicular traffic, as applicable, among the Lots and adjacent public streets and permitted private roadways, provided, however, the Association may institute such reasonable traffic controls as may be necessary to guide and control the orderly flow of traffic so long as access driveways to the parking areas in each Owner's Lot are not closed and blocked Notwithstanding the foregoing, the Owner of Lot 1 may install fencing, barriers and gates consistent with the quality of the Improvements on the Property to segregate that portion (which may be public or private in its Owner's discretion) of Lot 1 lying within Lake Washington from the remainder of the Property No Owner may grant any easement for the purpose set forth in this Section 6 4 for the benefit of any real property not within the Property except as set forth herein, provided, however, that the foregoing will not prohibit the granting or dedicating of easements by an Owner on its Lot to governmental or quasi -governmental authorities or to public utilities 65 Pubhc Easement Subject io the limitations set forth in this Declaration, each Owner, as a grantor, shall grant and convey to the City of Renton, as a grantee, a non- exclusive perpetual easement for pedestrian traffic only over a portion of Lots 1, 2 and 4 located within the Pedestrian Promenade to be more specifically described in an easement agreement to be executed by the parties to this Declaration (provided, however, that 3 t 29\005 11111100 -16- 1 BARKL 11,rC01s0UTHP0RT emergency vehicles will be permitted access over the easement area described in Exhibit C to respond to emergency situations) SECTION 7 PARKING 71 Operation and Maintenance of Parking Each Owner will construct and pay the costs of construction, operation and maintenance of all parking facilities on such Owners Lot Each Owner shall manage its own parking facilities or enter into a separate agreement with a third party manager to manage such Owner's parking facilities 72 Lot 4 Parking Easements The Owner of Lot 4 grants and conveys to the Owner of Lot 1, a non-exclusive, perpetual easement for ingress and egress to and from, and for parking of up to 120 vehicles in, the parking facilities constructed or to be constructed by the Owner of Lot 4 on Lot 4, provided, however, that such easement and parking rights may be used only between the hours of 5 00 p m and 8 00 a m weekdays, Saturdays, Sundays and holidays, and shall be subject to such reasonable rules and reguiations as the Owner of Lot 4 may adopt Such parking rights shall be at not to exceed market rates as may be imposed by the Owner of Lot 4 in connection with operating the parking facilities on Lot 4 generally U-, 73 Lots 2 and 3 Easements The Owner of Lots 2 and 3, grants and conveys to the Owner of Lot 4, a non-exclusive, perpetual easement for ingress and egress to and from, and for parking in, the parking facilities constructed or to be constructed by the Owner of c6a Lots 2 and 3 on Lots 2 and 3, provided, however, that such easements (i) will be restricted to those parking spaces not designated as reserved for the Permitees of the Owner of Lots 2 and 3 (provided that at least 200 spaces will not be restricted), and (it) may be used only between the hours of $ 00 a m and C 00 p m weekdays, excluding holidays Such parking rights shall be subject to such reasonable rules and regulations as the Owners of Lots 2 and 3 may adopt Such parking rights shall be at not to exceed market rates as may be imposed by the Owners of Lot 2 and 3 in connection with operating the parking facilities on Lots 2 and 3 c-► generally SECTION S INDEMNITY; INSURANCE S 1 Indemnity Each Owner (the "Indemnifying Party") shall indemnify, defend and hold harmless each other Owner and their Occupants (each an "Indemnified Party") from and against all claims and all costs, expenses and liabilities (including reasonable attorneys' fees and costs) incurred in connection with all claims, including any actions or proceedings brought thereon, arising from or as a result of the death of or any action, injury, loss or damage to any person or to the property of any person (t) as a result of the use by the Indemnifying Party of any of the easements granted by this Declaration or (n) which occurs, 3129/005 11l13100 -17- f13ARKE%SFC01S0UTHP0R l not as a result of the use of any of the easements granted herein, but within the Lot owned by the tridernnifying Party, except for claims caused by the negligence or willful misconduct of an Indemnified Party, its licensees, agents, employees and contractors Whenever a provision for indemnity is set forth in this Agreement, in the event of the concurrent negligence of any party bound by this Agreement, which concurrent negligence results in injury or darnage to person or property and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Property, the obligation to indemnify (including payment of the costs, expenses and attorneys' fees incurred by the party tieing indemnified in connection with the clairn, action or proceeding brought with respect to such injury or damage) shall be limited to the extent of the negligence of the party required to indemnify The obligations of the Indemnifying Party under any indemnity provided for in this Declaration shall not be limited by, and all persons now or hereafter bound by this Declaration hereby waive, any workers compensation provision (including but not limited to RCW Title 51) to the contrary or so limiting EACH PARTY NOW OR HEREAFTER BOUND BY THIS DECLARATION ACKNOWLEDGES AND AGREES THE INDEMNIFICATION AND WAIVER PROVISIONS SET FORTH HEREIN WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY THE PARTIES 82 Property Insurance Each Owner shall carry or cause to be carried fire and. extended coverage insurance in an amount equal to at least ninety percent (90%) of the replacement cost (exclusive of the cost of excavation, foundations and footings) of the Improvements (excluding Improvements in the Common Areas) located on its Lot, insuring against loss by fire and such other risks generally covered by extended coverage insurance Such insurance shall be carried with financially responsible companies licensed to do �- business in the State of Washington Each Owner shall use reasonable efforts to cause any Beneficiary of its Lot to agree to allow insurance proceeds to be used to pay for the cost of repairing and restoring Common Areas located on the Lot as provided for in this Declaration During construction of improvements on its Lot, the insurance required 714 pursuant to this Declaration shall be in "builder's all-risk" form The Association shall purchase and maintain, for the benefit of all Owners, extended coverage insurance in the amount equal to at least 90% of the replacement costs of any Improvements located within the Common Areas, insuring against loss by fire and such other risks generally covered by extended coverage insurance The cost of any such insurance obtained by the Association shall be treated as a Common Area expense under the Budget and any insurance policy so obtained by the Association shall name all Owners (and their Beneficiaries) as additional insureds 8.3 Lia�nsurance Each Owner shall at all times during the terra of this Declaration, maintain or cause to be maintained in full force and effect, commercial general liability insurance covering its Lot or Lots Such insurance shall (i) include coverage for any action resulting in personal injury to or death of any person and consequential damages ansing therefrom, (u) be in an amount of not less $2,000,000 per occurrence, (m) be issued by a financially responsible insurance company or companies licensed to do business in the 3129W5 i 1113100 - 1 �- TBARKE\SEMSOiiTHPOR I State of Washington, and (iv) at the request of any other Owner expressly name such other Owners as an additional insured Unless otherwise agreed in writing by the Owners, the Association shall purchase and maintain for the benefit of all Owners, commercial general liability insurance covering the Common Areas The cost of any such insurance obtained by the Association small be treated as a Common Area expense under the Budget, and any insurance policy so obtained by the Association shall name all Owners (and their Beneficiaries) as additional insureds Each Owner shall furnish to any other Owner requesting the same evidence that the insurance required of it pursuant to this Declaration is in place 8 q Waiver of Subro ation No Owner shall be liable to any other Owner or to any insurance company (by way of subrogation or otherwise) insuring another Owner for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Property, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance under terms of this Declaration Each Owner shall use its best efforts to cause each insurance policy obtained by it to contain the waiver of subrogation clause Notwithstanding the foregoing, no such release shall be effective unless a party's insurance policy or policies expressly peiTnit such a release or contain a waiver of the carrier's right to be subrogated << a SECTION 9 ENFORCEMENT 9 1 Abatement and Sint The Declarant and the Association are each granted the right to enter upon any of the Property at any reasonable time or times to inspectt the same for purposes of determining compliance with the Covenants and the Guidelines In the event Of any violation or breach. of -my of the aforesaid, and in the further event that all such violations and breaches are not cured within thirty (30) days after written demand made �V upon the Owner or occupant by the Declarant or Association, as the case may be, the Declarant and the Association yointly and separately have the right to enter upon the portion of the Property upon which, or as to which, such violation or breach exists, and summarily to abate and remove, or to correct, repair or maintain, at the expense of the Owner and Occupant thereof, any Improvement, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof as interpreted by the Declarant or the Association, and the Declarant and the Association shall not, by reason thereof, be deemed guilty in any manner of trespass far such entry, abatement, removal, correction, repair, or maintenance or incur any liability on account thereof The Declarant, the Association and every Owner (or Occupant, but only with the respective Owner's consent) of any of the Property are further separately empowered to seek by legal proceedings, either in law or in equity, or to submit any such violation or dispute to arbitration in accordance with the rules of the American Arbitration Association (reserving However, the right to injunctive relief in 312%005 11I13100 -1 9- i ©ARKE\SELONS,DUTHPORT aid of the relief sought) to determine the appropriate remedies to abate or otherwise prevent a continuing breach of any provision of this Declaration The amounts of all expenses incurred by Declarant and the Association pursuant to the provisions of this Section 9 1 which are not paid by Owner immediately on demand shall constitute a lien against the subject Lot, shall bear interest until paid at the rate set forth in Section 5 3, shall attach and take effect upon recordation of a claim of lien in the Official Records and niay be enforced in the mariner allowed by law for the foreclosure of liens The enforcement rights of the Declarant and the Association set forth above shall also be for the benefit of each Owner, and in the event neither the Declarant nor the Association take action to enforce the provisions of the Declaration, any such Owner shall have the right to enforce this Declaration, and to be entitled to reimbursement of costs (with interest) and lien rights as set forth above 92 Attorneys' Fees and Liens If in connection with any enforcement of this Declaration with respect to any Lot, it shall be necessary to secure the services of attorneys, Yuen the reasonable fees of such attorneys, and all other casts of any contemplated or actual legal, equitable or arbitration proceeding in connection with any such enforcement shall be payable by the Owner of such Lot If such fees and other costs or any part thereof are not paid within ten (1 a) days after written demand therefor, the amount unpaid shall bear interest from the date thereof until Laid at the rate of interest set forth in Section 5 3 If any such fees or costs are not paid on the clue date thereof, the amount thereof together with interest thereon as aforesaid shall be and become a lien against such Lot and may be executed upon or foreclosed by appropriate legal proceedings (subject to the limitations contained in Section 1 1) In any legal, egiiitable or arbitration proceedings for the interpretation or enforcement of or to restrain the violation of this Declaration or any provision hereof, the losing party or parties shall pay the reasonable attorneys fees ofthe prevailing party or parties in such amount as may be fixed by the court in such proceedings 93 Deemed to Constitute a Nuisance Any breach of this Declaration by an Owner or Occupant is declared to be and small constitute a nuisance, and every remedy allowed by law or equity against an Owner or Occupant shall be applicable against every such nuisance and may be exercised by the Declarant, the Association, the County, any Owner (or Occupant who has been given such right by the Owner of such Lot) of a Lot, or any of therm 94 remedies Cumulative Ali remedies provided herein or available at law or in equity shall be cumulative and not exclusive 95 Failure to Enforce Not a Waiver of Rights The failure of the Declarant, or any other Person entitled to enforce this Declaration, to enforce any Covenant herein contained shall in no event be deemed to be a waiver of the right to do so nor of the right to enforce any other Covenant Declarant shall not be liable to any owner, occupant or any 3129\005 1111310D -20- 1 SAKKE1SECMOUTHPORT other person or entity for any damages, losses, liabilities or expenses suffered by reason of a mistake in judgment, negligence or nonfeasance arising in connection with any approval, disapproval or other actions taken in connection with this Declaration or the non- enforcement of any provision of this Declaration 96 Dania es Inadequate Damages for any breach of the Covenants are declared not to be adequate compensation and such breach andor the continuance thereof may be enjoined or abated by appropriate proceedings by any Person entitled to enforce this Declaration as provided in this Section 9 97 Compliance of Tenants Each Owner who rents or leases its Lot or a portion of its Lot shall insure that any such lease or rental agreement is subject to the terms of this Declaration Any such agreement will further provide that failure of any tenant to comply with the provisions of this Declaration will be a default under such tenant's lease or rental agreement SECTION 10 ACCEPTANCE OF PROTECTIVE COVENANTS; PRIVITY; STANDING 10 1 Acceptance Each Owner and Occupant, by the acceptance of a deed of conveyance, lease, sublease, license or other right to enter on or occupy any of the Property, and every other Person at any time having or acquiring any right, title, interest, lien, or estate m in, on or to any of the Property, accepts the same subject to all of the provisions of this Declaration and the jurisdictions, rights, and powers of the Declarant, the Association and ,-:.-;,Owners created, granted or reserved herein, and all easements, rights, benefits and privileges -'of every character hereby granted or created and thereby covenants and agrees for themselves, their successors, heirs, personal representatives and assigned to be bound by the r- Covenants 102 Nature ofObli&attons All obligations hereby imposed and the easements �Icreby granted are covenants running with the land and shall bind every Owner and `occupant of every part and parcel of the Property and any interest therein, and every such other Person and inure to the benefit of every Owner and occupant and such other Persons and as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance, lease, sublease, license or other agreement granting any right of entry or occupancy, or in any other instrument or document by which any such right, title, interest, hen, or estate is created or acquired. All Covenants, and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part and parcel. of the Property and shall create mutual, equitable servitudes upon each portion of the Property in favor of every other portion of the Property 103 Privity,StandIng No Occupant or other Person other than an Owner or its representative (and then only in the manner set forth in Section 9 1 above) or the 3129\005 11/11/00 -21 - 1 BARK£\5ECD15oUTMPORT Association shall have the right to enforce the provisions of this Declaration or seek damages for any violation or non -enforcement thereof against any Person other than the Owner of the Lot used or occupied by such Occupant or other Person Occupants and other Persons (other than Owners) are designated beneficiaries of as well as subject to the covenants set forth in this Declaration, which covenants may be amended by Declarant or the Owners, as the case may be, in accordance with this Declaration, but in any event without the consent of or notice to such Occupants or other Persons SECTION t I DEEDS OF TRUST 11 1 Pnonty Over Liens The lien on any Lot resulting from, created by or provided for in this Declaration sha11 be sub)ect and subordinate to the lien of any Deed of Trust made for value and in good faith and creating a lien on such Lot on the date of commencement of proceeding to execute or foreclose the lien on such Lot executed by this Declaration 1 1 2 Effect Of Breach Anything contained in this Declaration to the contrary notwithstanding, no breach of any of the Covenants or re-entry by reason of such breach, shall defeat or render invalid or impair the lien of any Deed of Trust made and delivered for value and in good faith, whether now existing or hereafter executed, encumbering any of the Property 11 3 Beneficiary Notice The Beneficiary under any Deed of Trust affecting a Lot shall be entitled to receive notice of any default under this Declaration by the Owner whose Lot is encumbered by such Deed of `Crust, provided that such Beneficiary delivers a copy of a notice in the form hereinafter contained to each Owner The form of such notice shall be substantially as follows The undersigned, whose address is , does hereby certify that it is a Beneficiary, as defined in that certain Covenants, Conditions and Restrictions for Southport ("CC&Rs") of Lot _ of Southport, a legal description of which is attached hereto as Exhibit_A_ and. made a part hereof If any notice of default is given to the Owner of such Lot, a copy shalt be delivered to the undersigned who small have all rights of such Owner to cure such default Failure to deliver a copy of such notice to the undersigned shall in no way affect the validity of the notice of default as it respects such Owner, but shall make the same invalid as it respects the interest of the undersigned and its Deed of Trust as defined in the CC&.Rs upon such Lot Any notice given to a Beneficiary sha11 be given in the same manner as provided in Section 14 2 below 1129%005 1 U01D4 -22- T13 ARKC�SLC0\50UTHPQRT 11 4 Benefieia 's Titie A Beneficiary acquiring title to a Lot through foreclosure, suit or by transfer in lieu of foreclosure or equivalent method shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the payment of any assessment or charge due but unpaid prior to the final conclusion of any such proceeding, including the expiration date of any period of redemption After the foreclosure of a security interest in a Lot, any unpaid assessment shall cantinu-. to exist and remain a personal obligation of the Owner against whose Lot the same was levied Any liens provided for in this Declaration shall be subordinate to the lien of any Deed of Trust upon a Lot (provided the Beneficiary is a third party and the Deed of Trust is given to secure a good faith obligation of the Owner whose Lot is encumbered) The sale or transfer of any Lot or any interest therein shall not affect the liens provided for in this Agreement except as otherwise specifically provided for ,r herein, and in the case of a transfer of a Lol for the purpose of realizing upon a security interest, liens may arise against such Lot for any assessment payments coming due after the date of the foreclosure C=y SECTION ] 2 AMENDMENT OR MODIFICATION 121 Power to Amend This Declaration may be amended by Declarant, acting; alone so long as it is still Owner of all of the Property, by an instrument in writing properly o executed and acknowledged and recorded in the Official Records After Declarant ceases to own all of the Property, this Declaration may be amended, terminated or extended as to the whole of the Property or any part thereof upon the written consent of Owners who collectively own at least seventy five percent (75%) of the square footage of land contained within all of the Lots, provided, however, that during the initial twenty (20) year term hereof any such amendment or termination must be agreed upon by all of the Owners Any amendment of this Declaration shall not deprive any Owner or Occupant of its right to use its Lot for the purpose consistent urith the Declaration as such Declaration stood prior to that amendment Any such termination, extension or amendment shall be effective upon recording of any instrument in writing, properly executed and acknowledged, with the Official Records 122 Limitations Notwithstanding the foregoing provisions of Sectiori 12 1 (1) No termination, extension, modification or amendment to or of this Declaration shall affect any approvals or consents theretofore given to any Owner or Occupant pursuant to the provisions of this Declaration, and (ii) No Itr-mination, extension, modification or amendment to or of any provision of this Declaration shall prejudice any then existing lien of any Deed of TtZist trade and delivered for valise, in good faith or the rights of any Beneficiary thereunder 3$29NW5 i IV00 -23- 1 BARKE�SECp1SOLYTHPOP 1 SECTION 13 TERMINATION The easements set forth in Sections b 3 and 4 4 shall be perpetual The remainder or the terms of this Declaration shall be and remain in full force and effect until forty (40) years from the date hereof, after which date this Declaration shall be automatically extended for successive periods of ten (10) years unless a written document terminating this Declaration (except for the easement provisions referred to above) is Recorded in the Official Records Any such termination document must have been duly executed and acknowledged by the Owners in accordance with the terms of Section 12 No termination of the Declaration shall terminate any utility easement granted or reserved prior to such termination SECTION 14 MISCELLANEOUS PROVISIONS �' 14 l Severability Invalidation of any one of the conditions, covenants, restrictions, easerents or provisions of this Declaration with respect to any application, by judgment or a court order will in no way affect any other application thereof, nor any other conditions, covenant, restriction, easement or provision hereof, all of which shall remain in - full force and effect 142 Notices Any written notice or other document as required by this C-7) Declaration may be delivered personally, by recognized overnight courier or by mail If by ntail, such notice will be deemed to have been delivered and received three (3) business days after a copy thereof has been deposited in the United States first class mail, postage prepaid, properly addressed to the applicable Owner at the registered address of such Owner as filed in writing with the Association if by overnight courier, such notice will be deemed to have been delivered on the day after such notice has been deposited with the overnight courier company Notices to the Association wilt be addressed either to an address to be posted by the Association, or to the registered office of the Association 143 Joint and Several Liabillt , If a Lot is owned by more than one Person, the liability of each of the Owners of such Lot in connection with the liabilities and obligations of Owners set forth in or unposed by this Declaration will be jotnt and several 144 No Public Dedication Nothing contained in this Declaration will be deemed to constitute a gift, grant or dedication of any portion of the Property to the general public or for any public purpose whatsoever, it being the intention of the Owners that this Declaratioix will be strictly limited to the private use of the Owners and their respective Occupants and Permittees This Declaration is Intended to benefit the Owners and their respective successors, assigns and Beneficiaries and is not intended to constitute any Person which is not an Owner a third party beneficiary hereunder or to give any such Person any rights under this Declaration 3129\005 1 MY00 -24- FBARKFNSEC0i50U F11FORl 145 Effective Date This Declaration will take effect upori recording 146 Ruies and Regulations The Association will have the right to adopt rules and regulations with respect to the Association's rights, activities and duties, provided such rules and regulations are not inconsistent with the provisions of this Declaration 147 Captions and Titles All captions, title or headings of the sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions of this Declaration or to be used in determining the intent or context thereof 148 Applicable Law This Dectaration will be construed in all respects in accordance with the laws of the State of Washington 149 Time Time is of the essence of this Declaration Lr-V 14 10 Waiver, Course of Dealing No waiver or course of dealing in contravention "' of any of the provisions of this Declaration shall constitute a waiver or basis for estoppel against the enforceability of any other provision, whether or not similar, nor shall any waiver be a continuing waiver 14 11 Exhibits and Figj!res The following exhibits and figures are attached to this Declaration and by this reference are incorporated herein C-a Exhibit A Legal Description a Exhibit B Site Plan Exhibit C Nonopposition Agreement Figure l Main Access Road Figure 2 Pedestrian Promenade Figure 3 Fire Access Road Figure 4 Waterfront Access Road IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first above written DECLARANT 3 32CA005 11 A 3/00 TBARK E\S UMSOU i HPOR i SOUTHPORT LLC, a Washi limited liability con-2pany 0 -25- C73 STATE OF WASHINGTON } } ss. COCTN`[V OF k-IN6 } On this 1 day of VC%71!}c 2000, before me, the undenig►ed, a Notary Public in and or the State of Washington, duly comtnmssroned and sworn perso ally appeared 1_C R if , Y I "T- known try the to lxs the A4 C Vn b 0 r— of SOUTHPORT LLC, the hmiled habilay company that executed the foregoing instrument, and acknowledged the said rnstr-umert to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath states/ that he/she was authorizes{ to execute said instrument, F certify that E know or have satisfactory evidence that the person appearing before me and making this acknowledgment m the person whose true signature appears on this document WiTNESi Yilll fficiat seal hereto afFixed the day and year in the certificate Above written �ti P ••■•.r..* +� �� 1 :o *01 ARr wfj '4Uai_%G : Print Name- .�FJ'•.���� NOTARY PUBLIC in and for II)p State of Washington, residing it wM 111 V j ) �' rri� f�1111P ti<<� � . My commiision expires 3171A S 1013Mo T13ARKe1,sc-00LS0UTE Er'OR r -2G- EXHIBIT A Descn�tio�s oitile I?ropertY PARCEL A LOTS 1, 2,3 AND 4 OF CITY OF RENTTON SHORT PLAT NO LUA-99-134-SHPL, ACCORDING TO SHORT PLAT RECORDED JANUARY 31, 2000 UNDER RECORDING NO 20000131900006, IN KING COUNTY, WASHINGTON PARCEL B <�> NONEXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN RECORDING NOS 6201855, 6317510, 99021319014 AND C= 20000131900006 c— E3MYBTY B SITE PLAN FIRE ACCESS ROAD r*s v WATERFRONT ACCESS ROADrn m C) 0 EXHIBIT C cAc-99-141 NONOPPosITION )J=Z MNT the �NONOPPOSITIaN AGRE-ENSST made and eatered into as of day of �, 1999 by and between MichaLel Christ, ate, L+LC a ashingtan United liability company ("CHRIST") , the Boeing Company, a Delawara corporation ("BOMING") and the City of Rariton, a Washington municipal corporation ("City"). (CHRIST, BOEING and the City are collectively referred to as the "PltTIES") �--} F,WCiTALB r� A. CIMIST has entered into a purchase and sale �• agreement with Puget western to purchase that property commonly known as the Shuffleton Steam- plant site (the "Property") in Renton, Washington legally described in Exhibit A. The Property lies adjacent to Boeing's Renton manufacturing and final assembly faallity (the "Boeing Facility") legally described in Exhibit B. The Property and C-J the i=ediately adjacent portion of the Boeing Facility are = illustrated in Exhibit C. Exhibits A, B, and C are attached c-4 hereto and incorporated hereby by this reference. S. CHRIST has proposed to the City the phased redevelopment of the Property from its existing industrial land use to a mixed -use development consisting of office, residential and commercial uses (the "Redevelopment") as shown, in Exhibit D, attached hereto and by this reference incorporated herein. The government peraits and approvals which either have been or are likely to be sought by Christ which may be necessary for the Radevalopmant include but are not limited to a planned Action Designation, Comprehensive Plan Amendment and Rezone, a Zoning Code Text Amendnsnt, a Piaster Site Plan, Approval and phased individual site plan approvals, a. Shoreline Substeatial Development Permit, clearing, grading, demolition, coaatruction build -trig and mechanical permits, short plat or boundary line adjustment approvals, roadway acoess approvals, parking and loading regulations modiflcatians, variances, and hydraulic project approval (the "Permits and Approvals"). C. The City has begun drafting a Supplemental Environmental Impact Statement (SETS) to address the environmental impacts of a planned actfan proposal and the Proposed Redeveloprneat (the Southport Diavelopment Planned Action DEIS, June 1999),. The Draft SETS has been issued and I40000400W3B"M30. 1=1 W17M C-D the comment period expired 7/29/99. The Final. EZ3 was issued September 9, 1999. D. Christ has presented Hoeing and the City with proposed site plans for the Redevelopment plammed action on file with the City. Boainq has expressed concerns to Christ and to the City by comment letters dated July 14, 1999 and ZUlY 29, 1999 ("Comment Letters") on file with the City. E. Christ is willing to Modify its plans and commit to a development plan which prohibits residential development from being located closer than 380 feet to the Boeing plant and imposes other use restrictions and notice requirements in consideration of Boeing's withdrawal of its comment letters and its agreement not to oppose the Redevelopment and any of Christ's Permits and Approvals for the project as described herein acid as depicted in Exhibits D &ad G . F. Boeing is willing not to oppose the Redevelopment and Christ's Permits and Approvals in consideration of the Redevelopment being developed, constructed and operated as provided by this Agreement, and provided that the terms and conditions of this Agreement are ,imposed, implemented and enforced. NOW, TEMEFORE, IN CONSIMERFiTTON of the mutual promises. covenants and agreements contained herein, Christ, Basing, and the City, each with the intent that each be legally bound, agree. Ac;RS1$MNT 1.. P ox DISMIPTION So long as any portion of the Boeing Facility within 1,000 feet of the Property is owned, in whole or in party, by Boeing or a related entity, and is used, in whole or in part, as an aircraft manufacturing and final assembly plant or for say other heavy industrial use ("Condition"): (a) The Property shall not be developed with more than _54o_total residential units, except that a hotel ar other commercial use shall be allowed in the non-residential area as shown in Exhibit D, and as provided by existing and proposed City Codes, a copy of which is attached as Exhibit E: and by this reference incorporated herein, (b) Building heights shall not exceed 125 feet above existing grade, excluding rooftop mechanical equipment. (00000-60MB99r".30.1221 -2- 4 lft F (c) Landscaping shall be as required herein and by the current City Cade. Relevant portions at the Code are attached as Exhibit F and by this reference incorporated herein. (d) Building locations shall be generally as shown in Exhibit D. W Building usas and occupancies shall be as shown in Exhibit D. (t) No ehauge, expansion or intensification of use or of any buildl4g that could increase environmental impacts or the sensitivities to occupants and users of the Property shall be a6mmenced or implemented without the prior written consent of Boeing and issuance of such Permits or Approvals as may be required by the City. 2. ESTA33LISM4ENT OF RESIDENTM RESTRICTION AREA (a} Christ shall submit to the City a modification to Its proposed Redevelopment, as described in this Agreement, including Exhibit D, and including the prohibition of any residential uses on that portion of the Property located within 390 feet of the Hoeing Plant (the "Residential Restriction krea"). (b) Christ shall submit to the City a modification to any currently pending applications for Permits and Approvals, necessary to cause the Redevelopment to conform to the terms and conditions of this Agreement. (c) So long as the Condition exists, all future applications for Permits and Approvals shall be cansistent with the terms arcd conditions of thls Agreement. 3. RXSIDE14TIAL US% So long as the Condition exists: (a) Residential use (the hotel shall riot be considered a residential use) shall be allowed only in the areas designated "residential" in Exhibit D, and shall not be permitted to occur within the Residential Restriction. Area. (b) Subject to (c), below, all residential use shall be month -to -month or day-to-day tenancies.,% No permanent, long- term residential uses shall be allowed, except with prior written consent of Boeing, which shall not be unreasonably withheld or delayed. (Do00nooBnrsB"M3a122) .g- 9l1IM (c) No individual ownership or long-tezm lease of individual residential units shall be allowed without the Prior written consent of Boeing, which consent shall not be unraasonably withheld dr delayed in the face of a reasonable showing by Christ of the economic or market feasibility or necessity for such ownership or long -terra lease. 4. S$TBA4= AND LANDSC"ING So long as the Condition exists: (a) .Christ shall provide a buffer of not less than 2S feet between the co==n boundary line of the Property and the Boeing Facility. The buffer shall he intensively landscaped and will provide sccreeninq and visual relief between the residential tenants and the Boeing Facility. The buffer shall include a vehicular access road as shown on Exhibit D, and may require further utilities, transformers, airhan,dlJszq r� equipment, etc. The area immediately north and west of building 1 will also be intensively landscaped with mixed c� deciduous and evergreen plantings of a density and of sufficient size to obscure the Hoeing Facility from the Property. A conceptual landscaping plan is attached as Exhibit G that is representative of Christ's intentions, but Which also may require modifications the city may dictate to meet traffic and other municipal, requirements, or as.a restaurant intended for this area may reasonably require. Portrayal of the office portion of the site in Exhibit D is c� conceptual only; the design will ultimately be driven by market and/or specific tenant requirements, and must resuain flexible to their needs. Nevertheless, Christ and Hoeing confirm that they are of a common goal to effectively screen residential facilities at the Property from the Boeing facility. (b) The buffer and landscaping shall he regularly maintained. Plant losses shall be replaced promptly with the same or similar material. S. NOTICES TO USERS Upon closing and acquisition of title to the Property by Christ or any related entity, Christ shall record a Notice on Title to the Property, and shall provide all prospective purchasers, users and tenants (as to users and tenants, with changes only in tense) of all or any portion of the Property with written notice as follows: [nanoaooaars$ssx}satrs� -4- 9"M The property 1=adlately south of the Southport property is monad for heavy industrial use, and is currently used as an aircraft manufacturinq and final, asswahly plant. A Variety of industrial activities occur an the property that mar be inaanvanient or caa.ss discamfart to people using, working or residing at Southport. This may arise. from aircxaft manufacturing activities, including aircraft finial assembly and painting, and a wastewater treatment plant, which may generate unpleasant and annvyinq odors, vibrat3.ons," noise, dust, and air emissions of hazardous and tonic air pollutants and volatile organic compounds. The city of R.4nton has established manufacturing and other heavy industrial, uses as priority uses on designated heavy industrial lands. Nearby u, �-, property owners, residents and users should be prepared to accept such inconveniences or discomfort from normal, necessary heavy industrial operations when performed in camplianca with local, estate and federal law. The owner of the property {described an exhibit A] for itself, its successors and assigns, c hereby waives to the extant permitted by law q its right tc protest or nhallange any law-rul heavy manufacturing operation or activity or the environmental impacts lawfully caused by the current aircraft plant or other heavy Lndustria.l use to the proparty described an Exhibit A or to Its owners, users or occupants. (b) This written notice shall be in }sold typeface and not less than 10-point type. (c) Except as may be required by law, or to avoid violations of law, so long as the Condition exists, this written notice may not be changed, modified, amended, or suspended without the express prior written Consent of Boeing, which consent may be withheld in Boeing's sale discretion. S. D$ED RESTRICTIONS {a) Upon clostag and acquiaition (if titla to the Property by Christ or any related entity, Christ will also record a restriction on title to the Property as follows: tlCa0rs899I15�d11; -5- W17M so long as adJacent property is owned by The Boeing Company, a Delaware corporation, or a related entity, and is used as an aircraft manufaCturingyand final assembly plant or other heavy industrial use, no residential use or residential structures of any type, whether permanent, temporary, long -terra, short-term, rental, or otherwise, with the exception of hotel or other commzrcial uses, shall be constructed, placed or used within 380 feet of the common boundary line of this property and .the adjacent Boeing Aircraft Manufacturing and Final Assembly Plant as depicted in Exhibits C rind D. No more than 540 residential units shall be allowed on that portion of the property designated for residential use, as shown -on Exhibit D. (W This restriction and the notice described in Section 5 shall remain in effect so long as Boeing uses any portion of u- its property within 1,000 feet of the Southport property for CD heavy aircraft manufacturing and final assembly or for other heavy industrial purposes. IN The notice and restriction on title shall be recorded against title to the entire Property described in Exhibit A at the time Christ acquires title to the Property. It the Property Is subdivided, the notice and restriction on title shall apply to all future lots, parcels and tracts. to) So long as Boeing uses any portion of its property withia 1,000 feet of the Southport property for heavy industrial purposes, neither the recorded notice nor the restriction on title may be removed,, extinguished, waived, suspended, amended or modified without the prior express written. consent of Boeing, which consent may be withheld in Boeing's sole discretion. 7. DESIGN AND CONSTRUCTION (a) Heating, ventilation and air conditioning for the Property office buildings will be accomplished by a variable air volume system, or equivalent designed and placed to minimize the effects of odor and air emissions from the Boeing Property on building occupants of office buildings at the Property. This type of equipment lendsnitself to a variety of filtering techniques, including synthetic fiber and activated carbon filters. An appropriate filtering technology will be selected during the design phase of the Redevelopment. The (naaan acaorasa �rlti -6- 9i IN" W main air handling equipment for those buildings will be =urted on the root of the structures. Supply air for occupied spaces (excluding parking) in comercial buildings at the Property will enter;the buildings from the east face thereof, and exhaust air will be released from the west face. Construction shall be designed and carried out to minimize the izpacts of noise and airborne vtbrati= that may emanate from. the Boeing Facility by adherence to Uniform Building Code Section 1208.2, paragraphs 1 and 3, relating to airborna sound insulation. 8. CITY OF RENTON (a) The City shall have the full right and power, but not the obligation, to enforce the terms eonLd conditions of this Agreement with respect to either or both of the other parties. to c» (b) Compliance with the terms and conditions of this LC, agre =ent shall be a term and condition oP any and all Permits `z:� and Approvals issued by the City for the Property. 4 — P . NOTICB of SAT, - (a) Guist shall provide Boeing with first notice of Christ's intent to sell or offer to sell the Property. (b) Hoeing shall provide Christ with early notice of its C ? decision, to sell all or any portion of its property within 1000 feet of the Southport Property. 10. rI AL SEIS ALTXP14ATIVE The Parties understand that the Draft SEIS has been published without reflecting the Residential Restriction Area. However, the modified Redevelopment plan as described herein and as shown in Exhibit D, is presented and analyzed in the Final. SZ13 as a new alternative "Plasx C." } I L . C00F&X?ATION s The Parties agree to cooperate and execute such further } instruments, documents and confirmatory agreements, and take such further acts or actions as may be necessary or appropriate to carry out the intents and purposes of this Agreement. ("W&000WW"nX 1nj -7- WT99 12. CONMICTS In the event of a conflict between the terms and conditions of this Agreement and any standards or conditions Imposed or required by the City for any Permits and Approvals for the. Redevelopment, the more restrictive standard or condition will apply. 13. DISP[71'$ USOLUTION (a) within thirty (30) days of the execution of this Agreement, Christ and Hoeing shall each identify a coordinator ("Designated Coordinator" or "DC") respornsible for addressing issues and disputes that may arise from time to time under the Agreement. The Parties shall provide *.mitten notice of the selection of the Designated Coordinator and any subsequently appointed DCs. (b) If a dispute arises with regard to any matter addressed by this Agreement, the Party raising the disputed issue shall contact the DC regarding the nature of the dispute. (c) The Parties agree that the DCs will use their best efforts to resolve the dispute presented in an expeditious manner, consistent with the terms of this Agreement. Each party agrees to meet and discuss potential solutions to the dispute within five business days of the date notice of a dispute was received by the other Party- (d) If the Ms are unable to resolve a dispute in a mutually agreeable manner within four weeks from the date that notice of the dispute was received by the other Party, the matter shall be referred to the respective supervisors of each DC. Ii they are unable to resolve this -dispute within four weeks, it shall be referred to the president of Christ and to Jim Nelson, Director Facilities & Services, Facilities Asset Kanagement Organization, Hoeing Commercial Airplane Company or his successor, for resolution. 14. MONOPPOSITION By execution of this Agreement, Boeing withdraws its Comment Letters and agrees not to oppose any existing or future Permits and Approvals which Christ has sought or in the future may seek, or which the City or any other governmental, agency has granted or in the future may grant, on the construction of the Redevelopment as described in this Agreement and as shown in Exhibits D and G, and so long as [onoao. 000MMUM1s21 .8- S0179" Christ has complied with the terms and conditions of this Agreement. Boaiag also agrees not to take any other actions which mliht have the affect of stopping, delaying or increasing the cost of construction of the Redevelopment as described in this Agreement and as shown in Exhibits D and Cs and not to in any way aid, assist, or cooperate with other persons or entities who oppose the Redevelopment. Boeing does not waive its right to legally require that the Redevelopment be constructed in conformance with the terms and conditions of this Agreement. IS. SUCCESSORS AND ASSIGNS The rights and obligations to the benefit of and he bindle successors and assigns. 1g. awzPAL 27avXsious (a) Entire Agrsemment g of the parties shall inure upon their respective This instrument, including the attached Exhibits A, B, C, D, E, F, eLnd G contain the -entire agreement between the Parties with respect to the subject matter hereof and shall not be modified or amended in any way except in a writing signed by duly authorized representatives of the respective Parties or their successors in interest or assigns. (b) Entarcement It is agreed that the remedy at law for any breach of the agreements contained herein would be inadequate and in the event of a ]preach of this Agreement, the aggrieved Party Shall be entitled to injunctive relief as well as damages for any such breach. The prevailing party in such an action shall be entitled to recover its reasonable costs ax�d attorneys' fees, including those incurred in any appeal from the judgment of a lower court. (a} notice Any notice or other communication, of any sort required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if personally delivered, transmitted by facsimile, electronic naLl or three days after being mailed by U.S. certified mail as allows: {o�oa aonarsa9923s�lzst -9- W171" To Christ: Michael Christ, President SEGO Developatent, Inc. 10843 NE 9°" Street, Suite #200 Bellevue, %A 94004 Facsimile: 425/631-1922 And to; Peter L. Buck Brent Carson Suck & Gordon LLP 1011 Waste= Avenue, Suite 902 Seattle, WA 98104 Fagsimt.le: 206/626-06'75 Arid to; William N. Appel Alspal & Gluack, P.C. 1218 Third Avenue, Suite 2500 Seattle, Washington 98101 Facsimile (206) 625-1807 To Boeing: Gerald Bresslour, Esq. The Basins; Company KS 13-03 P.O. Sox 3707 Seattle, WA 98124-2207 And to: Charles E. Maduell Perkins Coi.e 1201 Third Avenue, Wh F3.00r Seattle, WA 981ol-3099 Facsimile: 206/593-8500 (d) Governing Law This Agreement shall be governed by and construed in accordance with the lams or the State of Washington. venue for any action arising out of this Agreement shall be in King County superior Court. (a) Tims Time is of the essence of this Agreement. POM4�2=A1221 -10- W 17M (f) Wteriality A11 of the terms and conditions contained herein are material and substantial to Boeing's agreement not to oppose the Redevelopment. (g) Headf nja The headings and subheadings contained in this instrument are solely for the convenience of the Parties and are not to be used in construing thin Agreement. (h) Authority The persons executing this Agreement on behalf of the respective Parties hereby represent and warrant that they are authorized to eater into this Agreement on the terns and conditions herein stated. "' [ij CoLts�t�arta 0 This Agreement may be executed in counterparts, all of n which shall be deemed an original as if signed by ail Parties. (J) Sindina Effect r' This Agreement shall be binding upon the respective successors and assigns of the Pasties hereto and shall inura ` to the benefit of and be enforceable by the Parties hereto and their respective successors and assicins. (10 Coufldantizlity Christ and Boeing shall hold in the strictest confidence all documents and information coacet'ning the other, and the business and properties of the other. Bach understands that disclosures made by Christ to Hoeing under Section 3(c), and either to the other under Section 4, shall be maintained in confidence. The foregoing notwithstanding, neither party shall be prohibited from disclosing to its investors, consultants, brokers or dealers such information as is customarily disclosed in co=ection with similar matters, nor shall this section be construed to prohibit either party from disclosing information. that is required by law. IN WITNEsS wHEREOT, the Parties haWe caused this Agreement to be executed as of the day and year first above written. I [aaooa cpaa+ss�szriaix�l -11- WM9 L..n c'), ,rr c+ cn-) c__:� C:-4 MICEML CHRIST, ONE, LLCI a W&shington LiMited Liability Company r By: Title; CT.Ty QS R�iT i By Jess• TAnnar 9: �• ..ra t:iSra PDW0 40OW349M d19, 'Try 5M NG C41VAM, a Delaware corporation By 7-4-el -F2- Philip W. Cyburt Attorney -in -Fast President, Hoeing Renity Corporation 9l11*9 Lf-� 0 EXHIBIT A to NOL+iOPM31TION A=F.NMNT Legal description of 6outhpbrt Property Parcel, B of City of Renton Lot Tine Adjustment -Numher Lei 98-176, recorded in King County, -washington under According No. 9902019014, Located in King County, Washington. �aaa aaowsav�asa. tzz� -13 - k wiim L l f 1 W/ 131T B to NQNOPPOSTTZON AG RbMNT page 1 of 2 The property owned by The Boeing Company and the benefitted property in this .Agreement is located ir► Renton, icing County, Washington and is identified by King County tax assessor numbers listed below and as depicted in the attached dxawing: 072305-9Q01 082305-9152 092305-9019 122300-01.05 082305-9011 756460-0055 722400-0880 ca 082305-9019 � 122300-0115 122400-0865 T 012305-9046 c- 082305-9187 082305-9204 082305-9203 �+ 082305-9037 I 072305-9100 , t ' - yooaoa ocoaisassas�ai�z� -14- V11199 ZXHI$IT 8 t* TCHOPPWITIM4 AGRTEbMNT Psga 2 of 2 i X=ZBIT c to NONG270SI 'ION AGR&EMHT LX�iBSS � to xca�n�pasr�rcx ��Nr EMERGENCY VEHICLE TURN- -ARUM FIGURE�1.1 o`"3d e0' q pc� EMERGENCY ACCESS FIGU O 20 40 SO` r r Inn n 'Z7 N C) L� FIR ROAR 0 20 40 SQ' FIGURE 2.1 PEDESTRIAN PROMENADE I EMERGENCY ACCESS I • fr .�-. � �f . rr .- rr . rr . �r , r .� .� . � , rfrfrrrrr rrrr r-r r rrrrrrrr f r fr%rr rrr rr r r r� r.� r rr j rrf rr f rr ` rr rr rr � r r r� . rr�rrf rr� rr� rr� rr� r frf/rr rr r r f r r rr�frr�r �r r� rrrrf' . rr rr rr rr r �r�Jrrrr�� , rr r r r r r rr �r�rr it rr frr Jrrr1 r rJ rJ � J r J �f J rrJ rr PLAZ EMERGE VEHICLE TURN -A 0 U Q� cm, MCM 1-0.1 U,q M a M Q Q fl� rn :�r- 00 O o � —1740 Ca 7�11 == FIRE ACCESS- rn CIO a � i Li CD r FIGURE 3-2 0 20 40 so' �C� FIRE ACCESS ROAD FIGURE 3.s 0 20 40 8v' 0 MAIN ACCESS ROAD l�R rri 1 PEDESTRIAN P AENADE �, ��- CD. When Recorded Return To Gerald Bresslour Office of the General Counsel The Boeing Company P O Box 3707, MC 13-08 Seattle, Washington 98124 DOCUMENT TITLE Declaration of Covenants, Conditions, and Restrictions S to �5a 8' q REFERENCE NUMBERS OF RELATED DOCUMENTS NIA GRANTORBORROWER The Boeing Company GRANTEE/ASSIGNEE/BENEFICIARY N/A LEGAL DESCRIPTION A portion of the NW '/4 and the NE '/A of Section 8, Township 23 North, Range 5 East, W M , as described more fully in Exhibit A. at page ASSESSOR`S PARCEL NO(S) 082305-9217-00 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this t 1 day of J.: pie •N _j-- , 2000 WHEREAS, The Boeing Company, a Delaware corporation (hereinafter referred to as "Declarant") is the owner of certain real property legally described on Exhibit A attached hereto and made a part ]Hereof (the "Property"), and WHEREAS, the Declarant also owns substantial property in the general area of the Property, described in Exhibit B, which is affected by operations at the Property, and WHEREAS, the Declarant wishes to insure that the use of the Property does not adversely affect the property described in Exhibit B NOW, THEREFORE, in consideration of the benefits to be derived hereunder, the Declarant hereby makes, grants, declares and establishes this Declaration DEFINITIONS AND PURPOSE a Protect As used herein, the term "Project" shall mean the development of the Property or any part thereof, the redevelopment of the Property or any part thereof, or the use of the Property or any part thereof b Building Restrictions, Development Review Ail buildings and other improvements on the Property or any part thereof, all plans for development or redevelopment of' the Property or any part thereof shall conform to the requirements of this Declaration c Road and Street Desi nations Designations of roads and streets in this Declaration shall be deemed to apply to the streets referred to herein as designated and laid out on the date hereof, provided that this Declaration shall continue to apply to said streets and roads if called by a different name at any time in the future and/or if aligned differently in the future from their alignment on the date hereof TERM The restrictions declared. reserved, granted and established hereby shall continue in full force and effect for so long as the Declarant owns, leases, or occupies all or any portion of the property described in Exhibit B This Declaration may be terminated or modified only with u� the consent of Declarant c� 3 COVENANTS, CONDITIONS, AND RESTRICTIONS The Declarant hereby covenants that the Property will be used by Declarant and by all of its r successors in title to the Property, and by all occupants of the Property in compliance with and subject to the following l a Approval of Development Plans Notwithstanding anything contained in Paragraph 3 a 2 below, prior to each development or redevelopment or construction of any improvement on the Property, the architectural plans for such project shall be provided to the Declarant for the Declarant's review, as follows (1) Such architectural glans shall be subject to Declarant's prior approval on the following grounds and under the following circumstances (a) Such architccturat plans shall be submitted to Declarant for its approval pursuant to these provisions (b) Declarant may withhold its approval of such architectural plans only on the basis that such plans, if implemented in the construction process, would result in improvements which would fail to meet the required standard which has been agreed upon by the parties, namely, that improvements to be constructed upon the Property shall be of a class "A" standard, namely, that such improvements shall be of first class Quality of design and materials (c) If Declarant desires to withhold its approval of such architectural plans, it shall so notify the then owner of the Property in writing, within thirty (30) days after Declarant's receipt of such plans Such disapproval notice shall set forth a statement of particulars, which, if changed, may result in Declarant's approval of such architectural plans If Declarant fails to give such notice within such 30-day time period, Declarant shall be deemed to have approved such plans (d) If Declarant gives such disapproval notice, the then owner of the Property may, if it so desires, revise such plans and resubmit the same to Declarant for its approval, and the process described above shall be followed (e) If Declarant gives such disapproval notice and the then owner of the Property is unwilling to make the changes suggested by Declarant and contends that Declarant is withholding its approval contrary to the standard set forth in (b), above, such owner shall have the right to seek enforcement of this Declaration by all lawful means In the event of any litigation to enforce this Declaration, the party prevailing in such action shall be entitled to recover from the losing party its reasonable attorneys' fees and costs incurred in such proceeding (2) Such proposed use of the Property shall be subject to Declarant's prior approval on the following grounds and under the following circumstances (a) The following uses of the Property shall be permitted regardless of Declarant's approval, so long as such use is permissible under applicable law (1) any use permitted under the zoning classification applicable to the Property as of 15 June 2000, (a) any use permitted, as of 15 June 2000, under the following zoning classifications under applicable laws of the City of Renton CO (Commercial Office), and COR (Center Office Residential) (b) No other use of the Property shall be permitted without Declarant's written approval if the then owner of the Property desires to use the Property for a purpose not described in (a), above, the proposed use shall be described in a writing submitted to Declarant Declarant may withhold its approval only on the basis that the proposed use would unreasonably decrease the value of all or any significant portion of Dectarant's property described in Exhibit B or would unreasonably interfere with the operations of the Declarant on any portion of the property described in Exhibit B (c) If Declarant desires to withhold its approval of such proposed use, it shall so notify the then owner of the Property in writing, within thirty (30) days after Declarant's receipt of such written description of the proposed use Such disapproval notice shall set forth a statement of particulars, which, if changed, may result to Declarant's approval of such use If Declarant fails to give such notice within such 30-day time period, Declarant shall be deemed to have approved such proposed use. (d) if Declarant gives such disapproval notice, the then owner of the Property may, if it so desires, revise such proposed use and resubmit the same to Declarant for its approval, and the process described above shall be followed (e) If Declarant gives such disapproval notice and the then owner of the Property is unwilling to make the changes suggested by Declarant and contends that Declarant is withholding its approval contrary to the standard set forth in (b), above, such owner shall have the right to seek enforcement this Declaration by all lawful means In the event of any litigation to enforce this Declaration, the party prevailing in such action shall be entitled to recover from the losing party its reasonable attorneys' fees and costs incurred in such proceeding � 4 ENFORCEMENT The Declarant shall have the right to enforce this Declaration by m obtaining injunctive relief and/or by other lawful means 5 GENEPAL PROVISIONS a Runs with Land The covenants, conditions, and restrictions contained herein, shall run with the land described in Exhibit A b Partial.IAyAlidity If any portion of this Declaration shall become illegal, null or void for any reason, or shall be held by any court to be so, the remaining portions hereof shalt remain in full force and effect c Captions The captions and section headings are inserted for convenience purposes only and shall not be used to expand or diminish the provisions hereof ci Law This ]declaration shall be interpreted and enforced pursuant to the laws of the State of Washington, without reference to its choice of law rules e Severability If any term or provision of this Declaration or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law f Construction This Declaration shall be liberally construed in order to effectuate its purposes IN WITNESS WHEREOF, Declarant has duly executed this Declaration as of the day and year first hereinabove set forth By Tit r- 0 a. BOEIT G CO PRESIDENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgement is the person whose true signature appears on this document On this 3day of IJpVP_rn baf _ 2000 befoAe me personalty appeared to me known to be the MCC f �PS�de of the corporation that executed thefwithin and foregoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said Instrument and that the seal affixedr If any, Is the corporate seal of said corporation WITNESS my hand and official seal hereto ffixed the day and year first above written Notary Public in and for theStatehof California `emy DAWN SHAVER Residing at o?-O& Le il_ft'S.`P_ _.__. /1COMM X 1158725 U3 My commission expires 10 - I � - GI Notary Pubic • Calrtornia �0 �atoy-) C_ Sha,ems)FiAMr3E COUNTv Cn Comm Expires Oct 1 a, 2001 (Type or print Norary Name) C�� r , c -. EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHWI ST'.4 AND THE NORTHEAST'/, OF SEC r10N S, VOWN SHIP 23 NORTH, RANGE 5 EAST W M , DESCRMED AS FOLLOWS Beginning at the intersection of the south line of said Northwest '/4 with the easterly margin of Garden Street as conveyed to the City of Renton by Deed recorded under recording no 5535459, Thence South 89°2822" East along said south line 603 26 feet to a monument in case held as the center of said section, thence South 89030' 10" East, 35 59 feet, to a point on the westerly margin of the Pacific Coast R R Co right-of-way, said point being upon a curve to the right, from which the center bears North 52°20'38" East, 810 39 feet, Thence northerly, along said margin an are length of 277 62 feet to the point of tangency, Thence North 18°01'40" West along said westerly margin 1,995 11 feet to an intersection with the southerly margin of The Washington State Highway (PSH-1) North Renton Interchange A- line right-of-way, Thence South 49°05'06" West along said southerly margin 406 82 feet, Thence South 3105355" West along said southerly margin 62 78 feet, Thence South 08°39' l 5" East 47 07 feet, Thence South 1M0'30" East along said easterly margin 1,289 97 feet to the point of curvature of a curve to the right of radius 910 00 feet, Thence along said margin curving to the right, an arc length of 293 83 feet to the point of tangency, c Thence South 00°29'31" West along said easterly margin 253 42 feet to the True Point of _— Beginning, Situate in the City of Renton, County of King, State of Washington F- EXHIBIT B LEGAL DESCRIPTION it 1 R, .y The land and improvements included within flic fallowing lax luu; or otherwise pieturcd in the attached drawing 072305-900i 082305-9152 082305-9079 722300-0105 082305-9011 758460-0055 722400-0880 082$05-9019 722300-0115 72240MB65 072305-9046 082305-9187 082305-5204 082305-9209 082305-9037 072305-9100 tAKC WkSO(Ma err . t- - t.1 - • !3 w s< a► t0. -08 rF�fll Q+ar Qad•r7 i U 4-9) ; f0•?r +CGS ? t a � +a 7 •2f 1p,82 l� jd ,cA� of .�w• { + 4 fD7r +S -0 Cl)[Orin -{+ M r + t 9 �iL + ,ys7r+try + f Af Poo • 1=5 c•r cam. cam. Return Address Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 Document Titles) (or transactions contained therein) 1 Development Agreement Reference Number(s) of Documents assigned or released - (on page _ of documents(s)) Grantor(s) (Last name first, then first name and autlals) 1 The Boeing Company Grantee(s) (Last name first, then first name and 1mtials) l City of Renton Legal description (abbreviated 1 e lot, block, plat or section, townslup, range) Portions of Renton Farm Plat, Menton Farm Plat No 2, Plat of Sartorisville, Renton Boiler Works Short Plat, Renton Farm Acreage Plat, City of Renton Short Plat, C H Adsit's Lake Washington Plat, and Government Lots 1, 2, and 3 -- STR 082305 TAXLOT 55 PCL 1 BOEING, STR 082305 TAXLOT 115 PCL 2 BOEING, STR 082305 TAXLOT 880 PCL 3 BOEING, STR 032305 TAXLOT 19 PCL 4 BOEING, STR 092305 TAXLOT 9 PCL 5 BOUNG, STR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT 105 PCL 7 BOEING, STR 082305 TAXLOT 152 PCL 8 BOEING, STR 072305 TAXLOT I PCL 9 BOEING, STR 072305 TAXLOT 46 PCL 10 BOEING, STR 082305 TAXLOT 11 PCL 11 BOEING, STR 082305 TAXLOT 187 PCL i2 BOEING, STR 082305 TAXLOT 79 PCL 13 HOEING, STR 072305 TAXLOT 100 PCL 14 BOEING, STR 092305 TAXLOT 204 PCL 15 BOEING rX Full legal is on pages 8 through 17 of document Assessor's Property Tax Parcel/Account Plumber Portions of the following #756460-0055-04, 9722300-0115-08, #722400-0880-00, #082305-9019-00, #082305-9209-00, #082305-9037-08, 9722300-0105-00, #082305-9152-07, #072305-9001-01, 0072305- 9046-08, #082305-9011-08, #082305-9187-06, 4082305-9079-07, #072305-9100-01, #082305-9204-05 [03003-0105/5B020080 0511 6120102 DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Boeing"), a Delaware corporation, and the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, is entered into pursuant to the authority of RCW 36 70B 170 through 210, under which a local government array enter into a development agreement with an entity having ownership or control of real property within; its jurisdiction II. RECITALS A Boeing is the owner of certain real properly, known as the Boeing Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in the City of Renton, King County, Washington, as more particularly described in Attachment 1, which is attached hereto and by this reference incorporated herein. B The Renton Plant consists of approximately 279 acres located at the south end of Lake Washington in the City of Renton. The majority of the Plant site is located within the Industrial -Heavy ("IH") zoning district and is designated Employment Area -Industrial by the City's Comprehensive Plan. An approxnuately 21-acre portion along the site's eastern boundary is zoned IH and is designated by the Comprehensive Plan as Employment Area -Transition (Interim) C. The Renton Plant was originally developed for construction of military aircraft during World War II, with the first Plant buildings completed in 1942 Major building construction occurred in the decades of the 1950s and 1960s By 1989, the Renton Plant contained 69 major buildings with a total enclosed floor area of approximately 6 9 million square feet D In the late 1980s, Boeing planned an expansion of the Plant to accommodate projected production needs for the 1990s and beyond. For that proposal, the City of Renton issued an environmental impact statement ("EIS") pursuant to the State Environmental Policy Act ("SEPA") that disclosed and analyzed the environmental impacts of the addition to the Plant of new buildings and increased employees DEvELOPMENT AGREEMENT PAGE 1 [03003-01051SS020080 051) 6 20= E The EIS describes, among other alternatives, a "Proposed Action" to add four structures (the 4-80 building, expansion of the 4-82 budding, a 16,000 square foot addition to the existing 4-96 building, and construction of a six -level parking garage) and 1,500 employees to support a forecasted production increase Based on unpacts of the Proposed Action, a "Mitigation Document," dated February 20, 1990 and revised March 7, 1990, was issued by the City's Environmental Review Committee ("ERC") F The HIS establishes that, without the expansion described by the Proposed Action, the Renton Plant generated 28,140 average daily vehicle trips and 4,060 p m. peak hour vehicle trips The EIS estimates that implementation of the Proposed Action will result in the addition of as many as 3,015 velucIe trips per day and 435 p.m peak hour vehicle trips per day. G Boeing and the City agree that additional development of the Renton Plant should be regulated and mitigated in order to provide certainty and efficiency with respect to the City's applicable review and approval processes Accordingly, Boeing and the City wish to enter mto a Development Agreement addressing certain aspects of Phase I and Phase Il (as defined below) development and therefore agree as follows Liz. AGREEMENT _ 1. Definitions For purposes of this Agreement, "Phase I", described by "` the HIS as the "No Action. Alternative," shall include Renton Plant development existing as of the date that the Mitigation Document was issued "Phase II" shall consist of the Proposed Action as analyzed and mitigated by the EIS and the Mitigation Document, respectively, and/or such other plans for development or redevelopment of the Renton Plant site that may from time to time be approved by the City 2. Vesting and Term of Agreement The City's land use regulations in effect and applicable to project applications as of the recording date of this Agreement shall govern (a) the continued use and operation of Phase I for airplane manufacturing purposes and any other Boeing operation (b) Phase II development applications submitted to the City within 45 years from the recording date of this Agreement, so long as such applications are for airplane manufacturing uses Notwithstanding the foregoing, the City reserves the authority under RCW 36 70B 170(4) to impose new or different regulations to the extent required by a serious threat to public health and safety, as deteri nned by the Renton City Council after notice and an opportunity to be heard has been provided to Boeing DEVELOPMENT AGREEMENT PAGE 2 [03003-01051SB420080 05 11 6/10102 3 Land Use Regulations For purposes of this Agreement, "land use regulations" means Comprehensive flan policies and zoning standards in effect as of the date of this Agreement, provided, however, that Boeing may elect at its discretion that Comprehensive Plan policies and zoning standards adopted after the recording date of this Agreement shall apply to all or part of Phase 11 development For purposes of this Agreement, the current Comprehensive Plan designation of the Renton Plant site is Employment Area — Industrial and the zoning designation applicable to the Renton Plant site is IH pursuant to the March 15 2002 Zoning Map as adopted by the City Council 4 Baseline Vehicle Traps 41 Calculation of Future Traffic Ini�acts and Mitigation Existing vehicle trips associated with Phase I, described by the EIS as the "No Action Alternative," (i.e , 28,140 average daily trips and 4,060 p m peak hour traps) shall be considered to be vested and to form the "baseline trips" for purposes of the analysis of �- transportation impacts associated with Phase 11 development or redevelopment of all or a component of the Renton Plant site For example, and without limiting the foregoing, if Boeing elects to dispose of or redevelop all or a component of the Renton Plant site, all or a portion of the baseline trips may be assigned to that component of the site when calculatuig and determining the appropriate mitigation of future transportation impacts applicable to that component's redevelopment. Therefore, only those traffic impacts that exceed the impacts associated with the "baseline traps" shall be sub]ect to transportation rrnrigafton 4.2 Traffic Modeling "Baseline trips" as descnbed in Paragraph 4 1 above (i e , 28,140 average daily trips and 4,060 p.m peak hour trips) shall be included in the City's traffic model for purposes of estimating future transportation impacts 5. Other Mitigation Fees With respect to impacts to public services other than transportation, future building demolitions at the Renton Plant site shall be eligible for "redevelopment credits," wluch shall offset any applicable mitigation or impact fees (including, but not lumted to, mitigation fees for fire and water services) that would otherwise be assessed by the City on the basis of square footage of new floor area for each square foot of floor area demolished. 6 Mitigation Document To the extent that this Agreement conflicts with the Mitigation Document, this Agreement controls. D$VEIAPMENT AGREtMENT PAGE 3 [03003-0105fsB020080 0511 6120102 0 7 Recordiniz, Thus Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Elections Department 8 Successors and Assigns This Agreement shall bind and inure to the benefit of Boeing and the City of Renton and their successors in nnterest, and may be assigned to successors in interest to all or a portion of the Renton Plant property Upon assignment and assumption by the assignee(s) of all obligations under this Agreement, Boeing shall be released from all obligations under this Agreement. 9 Counte arts This Agreement maybe executed in counterparts, each of which shall be deemed an original 10, Expiration. This Agreement, unless rescinded by Boeuig or its successors an interest, shall become null and void 45 (45) years from the date of recording of this Agreement AGREED this � day of Dr-&1 72002 DEVELOPMENT AGREEMENT PAGE 4 [03003-01051SB020080 0511 6120102 CITY O RENTON Y _ uu�unr $ Jesse Tanner Its Mayor ATTEST: By: Bonnie i. Walton Its r:, ry -�C i Prk -- ���� * � A ed as to form• �.� City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF KING } On this day of Jane , 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jesse Tanner _ tome known to be the person who signed as _ of the CITY OF RENTON, the corporation that executed the w2th2n and foregov g instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrmnent and that the seal affixed, if any, is the corporate seal of said corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above wntten D. ;• N p0TARV'PUBLIC DEVELOPMENT AGREEMENT [03003-01051SB020090 0511 1�. (Signature of Notary) SU -?-,a r1n j) _ t" &rk (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires PAGE 5 6120102 THE BOEING COMPANY Y �J +� , �� WAT74rr 1 - 1 DEVELOPMENT AGREEMENT [!$B02006005] DOCI PAGE 617102 CV C= C'aa CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of _L-05 RNG>1LES On JILAW5 0-7, COS- beforeme, D_AWYJ fr 5114vl=rz, t,1oTAP—j Put3U4/ Date Nang and rala ar om wf ie g , Jam Deg, Notary PVW t personally appeared i"' f_-� iL-iP W C Y Da-T Nars+e(s) a SrP,e4s) QDAWN E Sf fAWEFt COMM # 1325796 Hoer Prrt�ttC • CALIFOFiH"A Las ANGELE$ aouriTY CW" EXP. OCT 18 2005 54 personally known to me p proved to me on the basis of satisfactory evidence to be the person(&) whose names} iskrte subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/4effthsrrr authorized capacity(res), and that by hrs/fteza4wr signatures} on the instrument the persori(E}, or the entity upon behalf of which the person(* acted, executed the instrument ITNESS my hand and official seal sililmly.wR y +cPoa7 OPTIONAL Though the informal*n bebw rs not required by few, If may prove valuable to persons relying ort the document and could preyent fraudulent removal ar7d reattachment of this form to anorher document Description of Attached Document Title or Type of Document Document Date _ Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name 100 ❑ Individual Fop a ihurrrb here El Corporate Officer — Title(s) ❑ Partner — D Limited ❑ General © Aitomey-in-Fact O Trustee D Guardian or Conservator ❑ Other Signer is Representing PARE 7 0 190 Natbnal Notary Asswauw • 9350 be Saco Ave PD pax 2402 • ChalswoMh CA P1353 2402 • Nww naLonaSnotaN org Prod No 6907 R—ft Gall Toil Free i 90o 976 6827 ATTACHMENT i Legal Description of Boeing Renton Plant Property PARCELL LOTS 1 THROUGH 13 IN BLOCK I I OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF ICING COUNTY, EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED LINDER RECORDING NOS 7203140338 AND 9406070578. TOGETHER WITH LOTS L THROUGH 8 IN BLOCK I OF SARTORISVILLE, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 1, RECORDS OF KING COUNTY, EXCEPT THAT PORTION OF SAID LOT 1 CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO 7203140338, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, G�4 THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13 50 FEET, c= THROUGH A CENTRAL ANGLE OF 90°, AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13 50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13 50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13 SO FEET, THROUGH A CENTRAL ANGLE OF 90°, AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13 50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13 50 FEET Tp THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING, AND TOGETHER WITH THE WEST 83 5 FEET OF LOTS 11 AND 12 IN BLOCK 1 OF SAID PLAT OF SA LTORISVILLE, EXCEPT THE NORTH IO FEET OF SAID LOTS 11 AND 12, AND TOGETHER WITH LOTS 1 AND Z OF RENTON BOILER WORKS SHORT PLAT NO 282-79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 7907104oO2; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, PAGE 3 PARCEL 2 LOTS 3, 4 AND 5 IN BLOCK 4 OF PENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12, PAGE 37, RECORDS OF KING COUNTY, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 3 THE WEST 17 5 FEET OF THE NORTH 30 FEET OF LOT 10, THE WEST 17 5 FEET OF LOTS 11, 12, AND 13, ALL OF LOTS 14, 15, AND 16, AND THE NORTH 30 FEET OF LOT 17, ALL IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING, EXCEPT THAT PORTION DEEDED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO 7307090450, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON cv PARCEL 4 C*r THAT PORTION OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , DESCRIBED AS FOLLOWS C: 7 BEGINNING AT A POINT 60 FEET NORTH OF THE NORTHEAST CORNER OF LOT 13 IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME IO OF PLATS, PAGE 97, RECORDS OF m KING COUNTY, THENCE NORTH, ALONG THE WEST LINE OF PARK AVENUE PRODUCED, 185 FEET, C6= THENCE WEST 107 5 FEET, THENCE SOUTH 18S FEET, THENCE EAST 107 5 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY Of RENTON FOR THE WIDENING OF 6TM AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 7206090448; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED CINDER RECORDING NO. 9406070574, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 5 PARCEL B OF CITY OF PENTON SHORT FLAT NO 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 891 L149D06, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PAGE 9 PARCEL 6 THAT PORTION OF THE SOUTH 660 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , WHICH LIES NORTH OF THE NORTH LINE OF NORTH 6TN STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERLINES OF PeuY AVENUE NORTH AND MAIN STREET, NOW WELLS STREET NORTH, EXCEPT THAT PORTION THEREOF COVVEYEO TO THE CITY OF RENTON BY DEEDS RECORDED UMOER RECORDING NOS 71081903S2 AND 8509130916. SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 7 PARCEL A OF CITY OF RENTON SHORT PLAT NO 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006. TOGETHER WITH LOTS 1 THROUGH 5 IN BLOCK 3 AND LOTS I AND 2 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 37, RECORDS OF KING COUNTY• cr AND TOGETHER WITH THAT PORTION OF VACATED STREET AND ALLEY AD30INING, AS VACATED UNDER CITY OF RENTON ORDINANCE NOS 3319, 3327 AND 4048 WHICH, UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION OF LAW, AND TOGETHER WITH THAT PORTION OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , WHICH LIES BETWEEN THE WEST LIME OF SAID cr_x VACATED ALLEY ON THE EAST AND THE EAST LIEN OF SECONDARY STATE HIGHWAY NO 2-A (PARK AVENUE EXTENSION) ON THE WEST; a t ► EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS 51808139 AND 9406070579; ' SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 8 THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EASY, W M , DESCRIBED AS FOLLOWS BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION WITH THE NORTHERLY PRODUCTION OF THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT OF RENTON FARM PEAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, THENCE SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION, THENCE WEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF PELLY STREET, THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET OF SAID SUBDIVISION, PAGE 10 THENCE WEST ALONG SAID NORTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF MAIN STREET, NOW WELLS AVENUE NORTH, AS SHOWN IN THE PLAT OF RENTON FARM PLAT NO. 2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 32. RECORDS OF KING COUNTY, THENCE: SOUTHERLY ALONG SAID PRODUCTION TO THE NORTH LINE OF NORTH 671 STREET, THENCE WESTERLY ALONG SAID NORTH LINE OF NORTH 6'" STREET TO THE EASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, THENCE NORTHERLY ALONG SAID #LIGHT -OF -WAY TO THE NORTH LINE OF SAID SUBDIVISION, THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR THE WIDENING Of NORTH 6" STREET BY DEEDS RECORDED UNDER RECORDING NOS. 7106110508, 7106110S 10, 7106110511, 8509100968. 8509130916 AND 8509130917; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-A THAT PORTION OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , LYING SOUTHERLY OF NORTH 6" STREET, WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON c� BY DEED RECORDED UNDER RECORDING NO 3261297, EASTERLY OF CEDAR RIVER WATERWAY (COMMERCIAL WATERWAY NO 2), AND NORTHERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO RENTON SCHOOL DISTRICT BY DEED RECORDED UNDER RECORDING NO 5701684, m EXCEPT THAT PORTION CONVEYED TO THE HOEING COMPANY BY DEED RECORDED UNDER �= RECORDING NO 5907048 (ALSO BEING THAT TRACT DESCRIBED IN PARCEL 10 FOLLOWING), Q SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON 914 PARCEL 9-B THAT PORTION OF GOVERNMENT LOTS 1 AND 3 IN THE EAST Y2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , ANO OF C H. ADSIT'S LAKE WASHINGTON PLAT, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, AND CERTAIN VACATED STREETS, AVENUES AND ALLEYS IN SAID PLAT, AND CERTAIN SHORE LANDS AND VACATED LOGAN STREET NORTH (FORMERLY WILLIAMS STREET NORTH), IN SAID SHORE LANDS, ALL DESCRI13ED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SIXTH AVENUE NORTH AND THE WEST LINE OF LOGAN SIREN NORTH, THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOGAN STREET NORTH TO THE EAST -WEST CENTERLINE IN SAID SECTION 7, THENCE EASTERLY ALONG SAID CENTERLINE OF SAID SECTION TO THE WESTERLY LINE OF SAID LOGAN STREET NORTH, AS THE SAME IS CONVEYED NORTH OF SAID SECTION LINE, THENCE NORTHERLY ALONG SAID WEST LINE OF SAID LOGAN STREET NORTH TO AN ANGLE POINT IN SAID WEST LINE, PAGE II THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOGAN STREET NORTH TO AN INTERSECTION WITH A LINE PARALLEL WFTH AND 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE IN SAID GOVERNMENT LOT 1, THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A POINT ON THE NORTHEASTERLY LINE OF SAID VACATED LOGAN STREET NORTH, THENCE ALONG SAID NORTHEASTERLY LINE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID VACATED STREET TO THE INNER HARBOR LINE OF LAKE WASHINGTON, THENCE SOUTHWESTERLY ALONG SAID INNER HARBOR LIME TO THE EASTERLY LINE Of THE RIGHT- OF-WAY OF COMMERCIAL WATERWAY NO 2, THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID WATERWAY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE NORTH LINE OF SAID SIXTH AVENUE NORTH, THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, TOGETHER 1N UH BLOCK C OF THE 3k" SUPPLEMENT OF LAKE WASHINGTON SHORE LANDS, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON Q PARCEL 9-C �r AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 1/4 Of SECTION 5, THE SOUTHEAST 1/4 c OF SECTION S, THE NORTHEAST 1/4 OF SECTION 7 AND IN THE NORTHWEST 114 OF SECTION 8, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST W M , INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEETS NOS 3 AND 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTCTL.ED SEATTL£ FACTORY SITES COMPANY, ET AL VS ANNIE I ADAMS, ET AL , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., THENCE NORTH 08"51'05" WES7 ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88"5I'05" WEST ALONG THE NORTH LINE OF SAID LOT I PRODUCED WESTERLY, 761 39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE Q01NT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY, THENCE NORTH 43906'W WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE 'WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46*52,27" WEST ALONG SAID INNER HARBOR LINE 858 51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 46"52'27' WEST ALONG SAID INNER HARBOR LINE 726 94 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF THE VACATED COUNTY ROAD NO 376, ALSO KNOWN AS RAILROAD AVENUE, WILLIAMS STREET AND LOGAN STREET IN THE CITY OF RENTON, SA10 ROAD BEING EXTENDED NORTHERLY, PAGE i z THENCE SOUTH 14636'26" EAST, ALONG THE EASTERLY MARGIN OF SAID EXTENDED COUNTY ROAD 817 01 FEET TO AN ANGLE POINT IN THE EASTERLY MARGIN OF SAID ROAD, THENCE SOUTH 41022'31' EAST ALONG, SAID EASTERLY MARGIN S 14 19 FEET TO A POINT UPON THE NORTHERLY BOUNDARY OF THE. BOEING COMPANY PROPERTY KNOWN AS PARCEL V. THENCE SOUTH 66924' 16' EAST ALONG SAID NORTHERLY BOUNDARY OF PARCEL V 217 51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1482 71 FEET FROM WHICH THE CENTER OF THE CIRCLE BEARS SOUTH 62"38'53' EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 316 79 FEET TO A POINT FROM WHENCE THE CENTER OF THE CIRCLE BEARS SOUTH 50"24'23' EAST, THENCE NORTH 14'34'18- WEST 1,546 44 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF ICING, STATE OF WASHINGTON PARCEL 9-O AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 114 OF SECTION 5, THE SOUTHEAST 1/4 4 OF SECTION 6, THE NORTHEAST 114 OF SECTION 7 AND IN THE NORTHWEST 114 OF SECTION 8, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEET NOS 3 AND 4 OF MAP C' PREPARED BY UDO HESSE AND FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF ICING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS ANNIE ) ADAMS, ET AL AND MORE PARTICULARLY DESCRIBED AS FOLLOWS' c� x BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION S. TOWNSHIP 23 NORTH, RANGE 5 EAST W M , Cry THENCE NORTH 8B°51'05' WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY, 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY 4*s MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 88'51'05' WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY 761-39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT QEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLPTON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHING70N SHORE LANDS, AS LAID OUT BY THE STATE OF WASHINGTON. THENCE SOUTH 46°S2'27' WEST ALONG SAID INNER HARBOR LINE 607 89 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 46'52'27- WEST ALONG SAID INNER HARBOR LINE 250 62 FEET, THENCE SOUTH 14034'18' EAST 1,546 44 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1,482 71 FEET FROM WHICH THE CENTER OF THE CIRCLE BEARS SOUTH 50024'23- EAST, THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 132 81 FEET TO A POINT OF COMPOUND CURVE OF RADIUS 2,052 27 FEET FROM WHENCE THE CENTER OF THE CIRCLES BEAR SOUTH 45016'28- EAST, PAGE 13 THENCE CONTINUING ALONG SAID RIGHT-OF-wAY MARGIN ON A CURVE TO THE RIGHT AN ARC LENGTH OF 214 91 FEET TO A POINT OF TANGENCY, THENCE NORTH 50°43'32" EAST ALONG SAID RiG'r T-OF-wAY MARGIN 159 90 FEET, THENCE NORTH 20838'24' WEST 700 81 FEET, THENCE NORTH 46053'04' EAST 215,00 FEET, THENCE NORTH 43°06'56' WEST 713 87 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 10 THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , LYING EASTERLY OF COMMERCIAL WATERWAY DISTRICT NO. 2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 3261297, DESCRIBED AS a-+ BEGINNING AT THE SOUTH MARGIN OF 67" AVENUE NORTH AND THE WEST MARGIN OF LOGAN c.� STREET NORTH, THENCE NORTH 89'34'11" WEST ALONG SAID SOUTH MARGIN, 674 91 FEET, TO THE MOST NORTHERLY AND WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED UNDER RECORDING NO 5701693, AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 89034'11- WEST, ALONG SAID SOUTH MARGIN, 441 54 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COMMERCIAL WATERWAY D[STRICT NO 2, AS CONDEMNED IN c� KING COUNTY SUPERIOR COURT CAUSE NO 211409, THENCE SOUTH 12'47'42" EAST, ALONG SAID RIGHT-OF-WAY LINE. 328 72 FEET TO THE CIA INTERSECTION WITH A LINE PARALLEL WITH AND 320 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH MARGIN OF 6"' AVEN UE NORTH, THENCE SOUTH 89°34'11" EAST ALONG SAID PARALLEL LINE, 366 34 FEET, THENCE NORTH 00'25'49' EAST 320 00 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 11 THAT PORTION OF THE NORTHWEST 1/4 Of SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE. SOUTH LINE OF SAID NORTHWEST 1/4 WITH THE EASTERLY MARGIN OF PARK STREET, ALSO KNOWN AS SECONDARY STATE HIGHWAY NO 2A, THENCE SOUTH 89'28' 19" EASY ALONG SAID SOUTH LINE 771 21 FEET, THENCE NORTH 00*31'51' EAST 253 23 FEET TO THE TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT OF RADIUS 850 FEET, PAGE 14 THENCE NORTHERLY ALONG SAID CURVE 274 82 FEET TO THE POINT OF TANGENCY, THENCE NORTH 17059'39' WEST 1484 81 FEET TO A POINT ON A CURVE OF A CURVE TO THE RIGHT SAID POINT BEING ON THE SOUTHEASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD, . THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT FROM WHENCE THE CENTER BEARS SOUTH 49918'19" EAST 208 67 FEET, THENCE SOUTHERLY ALONG SAID CURVE 250 57 FEET TO THE POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE EASTERLY MARGIN OF SAID PARK STREET, THENCE SOUTH 00057*41" WEST ALONG SAID EASTERLY MARGIN 1581 30 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION FOR PRIMARY STATE HIGHWAY NO. 1 (SR 405) NORTH RENTON INTERCHANGE AS CONOEMNEO IN KING COUNTY SUPERIOR COURT CAUSE NO 556127, AND EXCEPT THAT PORTION(S) THEREOF CONVEYED TO THE CITY OF RENTON FOR PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 9703181422, BEING A RE-RECORDING OF 9612120855 AND RECORDING NO 8811150482, TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOULEVARD, A030INING, WHICH, UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON CIA �r c3 PARCEL 12 AN IRREGULAR TRACT OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS AS SHOWN ON SHEETS NOS 3 AND 4 OF o MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING �y COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS ANNIE 3 ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS tic BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON, THENCE NORTH 88'51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 88*51'05' WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY 761 39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 607.89 FEET, THENCE SOUTH 43006'56" EAST 713 87 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 43006'56" EAST 220 00 FEET, THENCE SOUTH 46053'04" WEST 220 00 FEET, PAGE 15 THENCE SOUTH 31°37'23" EAST 448 22 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE ALONG SAID MARGIN SOUTH Sa°43'32" WEST 174 DO FEET, THENCE NORTH 20038 24" WEST 7UO 61 FEET, THENCE NORTH 46%53'04' EAST 215 00 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THOSE PORTIONS THEREOF CONVEYED TO PUGET SOUND POWER & LIGHT COMPANY BY DEED RECORDED UNDER RECORDING NO 8812140277 AND FURTHER DELINEATED AS PARCELS C AND D ON CITY OF RENTON LOT LINE ADJUSTMENT NO 004-88, RECORDED UNDER. RECORDING NO, 8808309006, TOGETHER WITH THAT PORTION KNOWN AS PARCEL E OF CITY OF RENTON LOT LINE ADJUSTMENT NO 004-SB RECORDED UNDER RECORDING NO SSO8309006, DESCRIBED AS BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING, THENCE SOUTH 43006S6" EAST 3 86 FEET, THENCE SOUTH 14036'26" EAST 244 37 FEET TO THE TRUE TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 14"36'26" EAST 345 29 FEET, THENCE NORTH 31037'32" WEST 309 63 FEET, cr-► C=) THENCE NORTH 46053'04" EAST 103 03 FEET TO THE: TRUE TO THE POINT OF BEGINNING, d SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON Cs cop PARCELI3 THAT PORTION OF GOVERNMENT LOT 3 IN SECTION B, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S E ); TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 IN SAID SECTION, DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S E ), THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 FEET TO THE TRUE TO THE POINT OF BEGINNING, THENCE SOUTHEASTERLY AT RIGHT ANGLES THERETO 10 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF PARK AVENUE: (LAKE WASHINGTON BOULEVARD S E ), THENCE SOUTHERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID GOVERNMENT LOT, THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN, THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING, PAGE 16 EXCEPT THAT PORTION THEREOF CONDEMNED FOR SR 405 BY KING COUNTY SUPERIOR COURT CAUSE NO 656127; AND EXCEPT THAT PORTION THEREOF CONVEfED TO THE CITY OF RENTON FOR WIDENING OF PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 9703181422, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 14 THAT PORTION OF THE BURLINGTON-NORTHERN INC. (FORMERLY NORTHERN PACIFIC RAILWAY CO,) 100 FOOT RAILWAY RIGHT-OF-WAY IN SECTIONS 7 AND S. TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., LYING BETWEEN THE NORTH MARGIN OF NORTH 4"' STREET AND THE SOUTH MARGIN OF NORTH 6TM STREET, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 15 THAT PORTION OF THE BURLINGTON NORTHERN INC.'S 100 FOOT RIGHT-OF-WAY FOR ITS BELT LIME IN GOVERNMENT LOTS 1, 2, 3 AND NORTHWEST Y. OF THE SOUTHWEST Y. OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., AND GOVERNMENT LOTS 1 AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION OF THE NORTH LINE OF 6^` AVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY AND RADIALLY TO ThE MAIN TRACK CENTER LINE AS NOW CONSTRUCTED FROM SURVEY STATION 1068+00 IN SAID CENTER LINE (DISTANT 40 8 FEET SOUTHWESTERLY, MEASURED ALONG SAID MAIN TRACK CENTER LINE, FROM THE SOUTHWESTERLY END OF BURLINGTON NORTHERN INC 'S BRIDGE NO 3) AND SOUTHEASTERLY OF THE FOLLOWING Cs DESCRIBED LINE BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIALLY AND AT RIGHT a ANGLES TO THE CENTER LINE OF TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY 1N A STRAIGHT LINE TO A POINT 25 FEET NORTHWESTERLY, MEASURED FROM THE SOUTHEASTERLY RIGHT-OF-WAY LINE AT SURVEY STATION 1074+00, THENCE CONTINUING SOUTHWESTERLY AT AN ANGLE TO THE RIGHT TO A POINT ON THE o NORTHWESTERLY LINE OF THE 100 FOOT RIGHT-OF-WAY OF BURLINGTON NORTHERN INC AND SOUTHEASTERLY OF SPUR TRACK HEADBLOCK STATION 8+85 5 THE END OF DESCRIBED LINE AND END OF DESCRIPTION, C-4 SITUATED IN THE CITY OF RENTON, COUNTY OF ICING, STATE OF WASHINGTON PAGE 17 ATTACHMENT 2 Development Regulations Applicable to Phase II Development Development regulations, including, but not luxuted to the following chapters of Title IV of the Renton Municipal Code • Chapter I • Chapter 2 • Chapter 3 • Chapter 4 • Chapter 6 2 Policies set forth in the City of Renton's Comprehensive Plan (adopted cm February 20, 1995, amended August 13, 2001). ca PAGE 19 Return Address Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 pocurnent Title(s) (or transactions contained iberem) 1 Devololunent Agreement for Renton Plant Redevok p nent Reference Nwnber(s) of Documents asslgned or released: (on page -- of documents(s)) Grantor(s) (ULst name Cyst, then fust name and initials) i The Bocing Company Grantee(s) (Last name first, then first name and initials) 1 City of Renton Ixgal desrriptioo (abbraviated t e tot, block. plat or section, township, range) Portions of Renton Farm Plat, Renton harm Plat No 2, Plat of Sartonsville, Renton Hoiler Works Short Plat, Renton Fann Acreage Plat, City of Renton Shalt Plat, C H AdsiVs Lake Washington fiat, and Government Lots 1, 2, acid 3 — STR 082305 TAXLar SS Po- I BOEING, STR 082305 TAXLOT 115 PCL 2 BOEING, STR 09230 S T AXLOT 880 PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PC], 5 BOEING, STR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXL07' 105 PCL 130EING- STR 082305 TAXLOT 152 PCL 8 BORING, STR 072305 TAXLOT 1 PCL 9 BOEING, STR 072305-fAX.LOT 46 PCL 10 BOEING, M 082_V5 'l'AXLOT I I PCL t l HOEING, STR 092305 TAXLOT 187 PCI. 12 BEING, STR 082305 TAXLOT79 PCL 13 BOEING, STR 072305 TAXLOT 100 PCL 14 ROEIN0, SJ'R 082305 TAX LOT 204 PCL 15 BEING 0 Ful I Iejpai is on pages __through ---of document Assesgor'e RropeM 'Fax ParceLlAccount Number Portions of the following- 0756460-0055-04, N722300-0115-08, #722400-0880-00, 0082305-9019-00. 0082305-9209-00, 4082305-9037-08, 9722300-0105-00, #082305-9152-07, #072305-9001-01, #072305- 9046-08, 6082305-9011-08, 6082305-9187-06, 4082305-9079-07, #072305-9100-01, V082305-9204-05 [180EING Dev *etment 1124 034m) 11/24103 DEVELOPMENT AGREEMENT RETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR REDEVELOPMENT OF A PORTION OF THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Owner" or "Boeing"), a Delaware corporation, and the CirY OF RENTON ("Renton"), a municipal corporation of the State of Washington, is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local govemment may enter into a development agreement with an entity having ownership or control of heal property within its jurisdiction. II. RECITALS A. Owner ownq approximately 280 acres of real property, known as the Boeing, Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in Renton, King County, Washington, as more particularly described in Exhibit 1, attached. Since the early 1940s, the Plant has been used to manufacture military and commercial airplanes. B. The majority of the Renton Plant site W historically been zoned for heavy industrial use and has, for several years, been designated Employment Area - Industrial by the Renton Comprehensive Plan. Since 2000, a parcel along the Plant's eastern boundary has been zoned IH and designated by the Comprehensive Plan as Employment Area -Transition (Interim) and a nearby parcel has been zoned CO and designated by the Comprehensive Plan as Employment Area -Office. C. In 2002, Owner informed Renton of its plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the "Move -to -the -Lake." Move-to-the-l-ake is, among other things, intended to release underutilized land as surplus for eventual sale and redevelopment. D. To provide certainty and efficiency to Owner with respect to further development of the Renton Plant for airplane manufacturing purposes, to encourage continued airplane manufacturing by Owner at the Renton Plant, and in anticipation of potential fixture redevelopment efforts, Owner and Renton entered into a Development Agreement ("2002 Agreement") on June 28, 2002, by Resolution 1430EN'G Ucr Amceaicsu I l•24-03 LW J 1 L24/03 Page I No. 3568 which, among other things, established baseline Dip counts, redevelopment credit and vesting of land use regulations under certain circumstances for ongoing Renton Plant operations and potential redevelopment. E. Based on further discussions between Owner and Renton regarding potential opportunities for redevelopment of the Renton Plant site, in phsises, over time, Renton resolved, by Resolution 3589, on October 14, 2002, to conduct environmental review in the form of an environmental impact statement ("EIS") pursuant to the State Environmental Policy Act ("SEPA'" of (a) potential alternatives for redevelopment of all or a portion of the Renton Plant site and (b) related public infrastructure. Resolution 3589 also established a conceptual public/private framework for the eventual mitigation of the impacts of Renton Piant redevelopment on transportation infrastructure and public services. F. On December 4, 2002, Owner and Renton entered into an agreement concerning the funding and constriction of the extension of Strander Blvd. across Owner's Langacres property ("Strander Agreement"). Among other things, the Strander Agreement establishes a $1.7 million transportation mitigation credit to Boeing that may be used to pay for transportation improvements needed to support development of Owner's proporties located in Renton. G. On December 16, 2002, Owner submitted an application to Renton for amendment of the Comprehensive Plan designation applicable to the Renton Plant site ('Comprehensive Plan Application:") from 1H to Employment Area — Transition ("EAT")- Renton elected to designate the area under a new Comprehensive Plan designation and combine the Comprehensive Plan Application with amendments proposed by Renton to the zoning text, zoning map and development standard for the Renton Plant site H. On December 20, 2002, Renton imposed, by Resolution 3609, a Moratorium on development in areas of Renton, including the Renton Plant, zoned 11-1. One st-ited reason for the Moratorium was Renton's desire to `provide adequate time for Renton staff to prepare and present proposed changes to the Comprehensive Plan and zoning" of those areas zoned heavy industrial (IH). 1. On January 13, 2003, the City Council held a public hearing on the Moratorium. At the request of the Boeing Company, Renton amended the Moratorium to allow Boeing to consolidate its facilities within the Renton Plant. After the January 13, 2002 public hearing, the Renton City Council adopted Resolution 3613 which continued the Moratorium in those areas of Renton zoned lr801'lNG !kw Agreement 1 1.24403 deet 11124103 Page 2 heavy industrial (M), but also agreed to support Boeing's "Move -to -the -Lake" including any required building modification or construction. J. On June 9, 2003, the City Council amended the Moratorium for a second tirne by the adoption of Resolution 3639. Resolution 3639 lifted the Moratorium over l-H zoned areas located within the Employment Area -Valley Comprehensive Plan designation. The Renton Plant is the only I-H zoned property of any significant size that continues to be bound by the Moratorium, which is scheduled to expire on December 2, 2003. K_ On March 4, 2003, Renton's Environmental Review Committee (``ERC") adopted a determination of significance for the Proposal. Renton issued a Scoping Notice and Scoping Document for the EIS on March 10, 2003. On March 25, 2003. a public scoping meeting was held to receive written and oral comments on the proposed scope of study. A Draft Environmental Impact Statement (DEIS) was issued by the ERC on July 9, 2003, A public hearing was held on July 30, 2003. A thirty day comment period on the DEIS was closed on August 8, 2003. The Final EIS was issued un October 21, 2003. L. Portions of the Proposal were the subject of it Renton Planning Commission hearing held November 12, 2003; the Proposal and related modifications to Renton's existing parking code, site development plan review ordinance, and binding site plan ordinance were the subject of the City Council Hearing held on November 17, 2003. The City Council adopted all by ordinance on November 24, 2003. M. Owner has determined that the portions of the Renton Plant Site known as Lot 3 and the 10-50 site will become under-utilized at the completion of Move-tc- the-Lake. Consequently, those portions of the Plant may be surplused and made available for sale, in the near future. IN LIGHT OF THE FOREGOING, and because successful redevelopment of all or portions of the Renton Plant site will be of long-term benefit to both Renton and Owner. Renton and Owner do hereby agree as follows: I"11. AGREEMENT 1. Definitions 1.1 Arterial Roads means the primary public roads supporting District 1 and 2 Redevelopment, as diagrammed in plan and section and described on Exhibkt 2 [ 130EING uc� v"mtni 11,24 Q1 doc) 1 124Ab3 Patc 3 attached, with typical sections of the individual Arterial Roads shown in Exhibits 2A through 21E (herinafter collectively referred to as Exhibit 2). 1.2 Boeing means The Boeing Company, a Delaware corporation, and related or subsidiary entities. 1.3 Design Guidelines means the Urban Center Design Overlay Regulations established by Renton to supplement the Development Regulations with respect to the design of certain uses permitted within the UC-N zone. 1.4 Development Regulations means those portions of the Renton Municipal Mode (R.MC) zoning provisions that govern certain aspects of site planning, building design, landscape requirements and other elements of development within a given zone. 1.5 District 1 means that area of the Renton Plant Site located east of Logan Avenue, as designated on Exhibit 3 attached. 1.6 District 2 means that area of the Renton Plant Site located west of Logan Avenue, as designated on Exhibit 3. 1.7 Economic Benefit Analysis means the calculation of estimated one time and recurring revenues and jobs generated by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not provided by Renton. 1.4 Interchanges mean access points from Renton roadways to and from Interstate 405. 1.10 intersections mean the general areas where two or more roadways join or cross, including the roadways and roadside facilities for traffic movement within them. 1. 11 Land Use Policies and Regulations means Renton Comprehensive Plan policies, Development Regulations and Design Guidelines. 1.12 Local Roads means all on -site roads that are not Arterial Roads and that are necessitated by Redevelopment. L [3 Off -Site Intersections means intersections not included within District I or District 2. ]•TPAWN(i ll.,v 11-34-03 dot] 112443 FABC 4 1.14 Can -Site Intersections means the intersections shown on Exhibit 4. 1.15 Owner means Boeing and any transferee or successor -in -interest of all or any portion of the Renton Plant. 1.16 Proposal means, collectively, Owner's Comprehensive Plan Application and related zoning and Development Regulation amendments proposed by Renton. 1.17 RMC means the Renton Municipal Code. 1.18 Redevelopment means construction of improvements to the Renton Plant for uses other than airplane manufacturing or uses supporting or associated with airplane manufacturing. 1.19 Renton Plant Operations means airplane manufacturing and supporting or associated uses conducted on the Renton Plant Site. 1.20 Renton Plant Site means District 1 and District 2, collectively, as shown on Exhibit 3. 1.21 Site Plan Process means the master planning and site plan requirements of the RMC applicable to Redevelopment within the UC N zone. 1.22 Subdistrict ] A means that portion of District 1 commonly known as Parking Lot 3 and the 10-50 Building as shown on the Subdistrict 1A Conceptual Plan. 1.23 Subdistrict 1 B means that portion of District 1 commonly known as the 10-80 site, Lot 10, and other Boeing -owned parcels east of Logan Avenue and south of 81h Street. 1.24 Subdistriets means Subdistrict 1 A, Subdistrict 113, and District 2, collectively. 1.215 Utilities means water, sewer and stormwater system improvements that serve the Renton Plant Site. 2. Basis of Agreement 2.1 Intent This Agreement establishes certain roles and responsibilities for the potential phased Redevelopment of all or a portion of the Renton Plant Site, including but not i 100E INC, On. Aglecmeot 11-24-63 doct 11121/0 fagc5 limited to Renton commitments for corresponding potential funding and construction of certain public infrastructure improvements benefiting the Renton Plant Site and the community at large and Owner commitments to participate in the funding of certain public improvements, to fund all private aspects of Redevelopment, and to redevelop the Rentcm Plant Site consistent with applicable Land Use Policies and Regulations. 2.2 SEEPA Decision Document This Agreement is entered into in lieu of SEPA "Decision Document" and. as such. establishes all SEPA-based conditions necessary to mitigate potential adverse impacts of the Proposal, and Renton's approval of the Subdistrict 1 A Conceptual Reta:l Plan. 3. Redevelopment Planning Redevelopment of the Renton Plant Site may occur incrementally starting with properties within Subdistrict IA. Conceptual planning for the possible surplus and sale of property will occur in three areas of the Renton Plant Site, Subdistrict i A, Subdistrict I B. and District 2, as illustrated in Exhibit 3. Conceptual planning, pursuant to the requirernoits of this Agreement, will be supplemented by master planning and site planning pursuant to the requirements of RMC 4-9-2W 3.1 Coaoeptnsl Pine At the time at which Owner wishes to subdivide, develop, sell, or otherwise alter any lxcVerty within the Subdistricts for uses not related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1.1 A narrative describing the conceptual Redevelopment proposal and its relationship to the Renton's Comprehensive Plan Vision and Policies for the Urban Center --forth; 3.1.2 The estimated timing and sequencing of property surplus and sale (if applicable); 3.1.3 A description of the proposed uses including the general mix of types, estimated square footage of each building and parking for each structure, heights and residential densities; 3.1.4 The general location of use concentrations (i.e., residential neighborhoods, office or retail cores, etc,); (B061NG PeN .6grcrrncn1 { 1-24 4)3 dec) l t:74A)3 NgC 6 3.1.5 Vehicular and pedestrian circulation that includes a hierarchy and general location of type, including arterials, pedestrian -oriented streets, other local roads and pedestrian pathways; 3.1.6 General location and size of public open space; and 3.1.7 An economic benefit analysis demonstrating the conceptual development's anticipated economic impact to local, regional and state governments. 3.2 Conceptual Plan Approval Owner will submit the Conceptual Plan to the City Council for approval. The Council will base its approval on the proposed Conceptual Plan's fulfillment of the adopted Comprehensive Plan Vision and Policies for the Urban Center —North. 3.3 Subsequent Land Use Approvals Renton will evaluate all subsequent development permit applications within the Subdistricts based on consistency with the approved Conceptual Plan. The process for subsequent master plan and site plan approval is outlined in RMC 4-9-200. 3.4 Modifications to Approved Conceptual Plans 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative detennination of the significance offt proposed modification. 3.4.2 Minor modifications to an approved Conceptual Plan may be approved administratively as long as the proposed modifications remain consistent with the spirit and intent of the adopted Plan. 3.4.3 if it is determined that a proposed modification is inconsistent with the spirit and intent of the adopted Conceptual Plan, or if an entirely new Conceptual Plan is proposed, City Council approval is required. 3.5 Subdistrict 1A Conceptual Retail Plan Owner has produced a Subdistrict I Conceptual Retail Plan, attached as Exhibit 5. that meets the requirements of Section 3, outlining proposed Redeveiopment of Subdistrict 1 A. By adoption of this Agreement, the City Council approves this plan as the Conceptual Plan for Subdistrict IA. 3.5.1 The Subdistrict IA Retail Conceptual Plan includes development of approximately 450,000 sq. ft. of large- and medium -format retail stores and j.'BAE14G Dc% AgicemeM 11-24.03 doc] 1124l4] page 7 approximately 110,0€10 sq. ft. of small retail shops, as well as potential locations for structured parking and upper story multi -family residential units or office uses, 3.5.2 An Economic Benefit Analysis for Subdistrict 1 A of the Redevelopment, attached as part of Exhibit 5, demonstrates that the Subdistrict I Retail Conceptual PIan, which is forecast to produce estimated revenues to Renton of approximately $1.2 million in one-time, construction related revenues and an escalation to approximately $1.5 million in recurring annual revenues to support Subdistrict lA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict IA Retail Redevelopment subject to Section 4, below. 3.6 Additional Planning Applicable Owner acknowledges that additional site planning based on the requirements of the RMC will be required for potential Redevelopment within the Subdistricts. For example, should Subdistrict 1 A be further divided by short plat, lot boundary adjustment or otherwise, master planning and site planning for each parcel and building site pursuant to RMC 4-9-200 would be required. 4. Infirastructure Required to Support Redevelopment Transportation and trunk utilities anticipated to be necessary to support Redevelopment and the manner in which each will be funded and developed are discussed below. Exhibit 2 generally illustrates each segment of Arterial Roads. Exhibits 6A, 613, 7, 7A, 713 and 8 illustrate supporting Umnk utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.1 Transportation Improvements 4.1.1 Arterial Roads Required at Full Build Out The parties agree that the Arterial Roads diagrammed on Exhibit 2 and listed on Exhibit 9, will be necessary to support full redevelopment of the Renton Plant Site, including District 2, assuming an intensity of total site Redevelopment no greater than Alternative 4 studied in the EIS. 4.1.2 Subdistrict IA Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10 as District 1, Subdistrict 1 A roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict IA Redevelopment. 190YING 0o AgreMot 11-24.03 Joel 11124MI Pap s 4.11.3 Subdistrict 18 Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10, with typical sections of the individual Arterial Roads shown in Exhibits 1 OA through 10E (hereinafter collectively referred to as Exhibit 10) as District t, Subdistrict 1 B and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict 1 B Redevelopment. 4.1.4 Other Arterials The cost of required improvements to arterial roads not addressed by this Agreement will be paid by property owners or developers benefited by the improvement based on a fair share allocation of total cost. 4.1.5 Arterial Road and Other Public in#Yastructare Funding 4.1.5.1 Renton agrees to design and construct the Arterial Roads and certain other elements of public infrastructure specified below at Renton's sole Lost and expense; provided, that Renton will rely on revenues from sales tax on construction, increased sales tax from Redevelopment improvements and the property tax and other revenues generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement. 4.1.5.2 Renton will retain one-third (1/3) of the collected tax and other revenues generated by Redevelopment, and will set aside the remaining two- thirds (2/3) for infrastructure improvements anticipated in this Agreement as necessary to timely support Redevelopment within the Subdistricts. 4.1.5.3 Renton intends to utilize limited tic general obligation debt to fund Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.5.1. For example, $12,000,000 in bonds wo-.Ald require approximately $1.000,000 per year in debt service lbr a 20-year bond at 5% interest. Similarly, $7,500,000 in bonds would require approximately $625,000 per year in debt service and $4,000,000 in bonds would require approximately $333,000 in debt service. 4.1.5.4 Should tax revenues fail short of those necessary to titnely install all infrastructure improvements required for a particular Redevelopment project, Menton may delay infrastructure construction until the tax revenue shortfall is remedied. itnorTNG rhti Agin moo 11.24.03 doel I Vn4M Page 4 4.1.5.5 In the event of an infrastructure delay, Renton will immediately notify owner and (if Owner is a non -Boeing entity) Boeing of its need to delay and representatives of the parties will meet to discuss a cure, which may include (at Owner's or Boeing's option) the provision of alternative financing pursuant to Section 5 of this Agreement. 4.1.6 Arterial Rights of Way 4.1.6.1 Owner agrees to dedicate, at no cost to Renton, the land necessary f'or the rights of way described in Exhibit 2, at the time that land on which the rights of ways are located is sold; provided, that (a) Renton may request earlier dedication, which Owner may approve in its sole discretion, which approval shall not be unreasonably withheld, and (b) easements or license agreements will be provided by Renton to Boeing, as Boeing deems necessary, to allow continued operation of facilities within the right of way that. support Renton Plant Operations. 'That is, the parties intend that, i f approved, such early dedication would not result in additional cost to or dislocation of Renton Plant Operations. 4.1,6.2 Should there be Owner buildings located in the rights of way, it shall be the responsibility of Owner to, at such time as the road needs to be constructed, and upon Renton's request, (a) demolish such buildings and (b) cap and abandon any underground facilities that would interfere with Renton's use of the dedicated property for right of way purposes. 4.1.6.3 Park Avenue is constructed asymmdrically within the current right of way. Expansion of Park Avenue anticipates use of the existing road. Some Additional realignment may be necessary to connect Park Avenue to Logan. Owner will dedicate the necessary right of way to realign Park Avenue to provide symmetricid right of way and as anticipated for expansion under Exhibit 2. Renton will vacate any, excess right of way created by such realignment, at no expense to Owner. Should Owner have a building occupying property that would need to be dedicated to Renton for right of way, then Owner shall grant the right of way, except for the portion occupied by the building. In such case Owner will reserve the right of way for Renton, and provide the dedication at no cost to Renton when the building is demolished. 4.1.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon the approval of Boeing and Owner. [RU17,H"i M-v AUT timsmt 1 1--24-03 Aotl 11424103 Page 10 4.1.7 Design, fund and Timing 4.1.7.1 Renton ftgrees, within 30 days of the date of this Agreement, to earmark $1.5 million for funding of Arterial Road design and engineering ("Arterial Road Design Fund" or "Fund!. The Fund will be utilized, as needed, to ensure that design and engineering of the Arterial Roads occur in collaboration with Owner and sufficiently in advance of Redevelopment project construction to produce needed Arterial Roads in timo to serve such Redevelopment. The parties agree that Renton shall begin the consultant 'selection process for design of Arterial Roads within 30 days of the date of this Agreement. 4.1.7.2 With respect to Subdistrict I A Arterial Roads, Renton will begin design, through its consultwit, of the intersection of Park and Logan as the first task ofthe consultant selected pursuant to Section 4.1.7.1. This early design shall be completed as soon as reasonably possible for the purpose of defining the location and extent of the needed right of way of the intersection of Park Avenue and Logan Avenue. Owner and Renton will consult on a right of way definition sufficient to pennit Owner to establish its property lines for purposes of We. 4.1.8 General CoustructiQn Timing Construction of all or portions of Arterial Roads required for each increment of Redevelopment will occur based upon (a) need for that portion of the Arterial Road as demonstrated by a SEPA environmental checklist prepared for that increment of Redevelopment, a traffic study, or other documentation agreed to by the parties, and (b) a construction schedule established by Renton and approved by Owner to ensure finial completion of such Arterial Roads, for each increment of Redevelopment, prior to issuance of the first occupancy permit for that incremwnt; provided, that if such Arterial Read construction is not unsely completed, Renton shall identify and construct, at its cost, mutually acceptable interim access. 4.2 Intersections 4.2.1 On -Site Intersections The cost of On -Site Intersections will be paid by Renton according to the principles set forth in Section 41 _5, except that Owner will pay (a) the cost of left turn lanes necessary to provide access to Redevelopment and (b) that portion of the cost of the traffic signal necessary to support left turn movements, 130FTNG n_ti Agwment i 1.24-03 doc} f 11n4M3 Nge 11 4.2.2 Off -Site intersections The cost of Off Site Intersections will be paid jointly by the parties in shares proportionate to the amount of predicted traffic using the development and the amount of predicted traffic that is general pass through traffic. These traffic predictions will be made by use of a mutually acceptable traffic forecasting model. Ownees contribution will be proportionate to the percentage of the traffic trips using the development, and Renton's contribution will be proportionate to the percentage of the traffic trips that are general purpose pass through trips. 4.L3 Boeing Trip Allocation Boeing agrees that it will allocate up to 1,500 of the "baseline trips" established by the 2002 Agreement for Redevelopment of District 1. It is understood that this Agreement is based upon reallocation of up to 1,500 trips in order to mitigate or minimize the need for additional transportation improvements. The method, timing and distribution of each trip shall be at Boeing's sole discretion. If, however, Boeing's reservation of all or a portion of the 1,500 trips results in the need for transportation improvements that would have been otherwise unnecessary, Boeing will bear the cost of those improvements. 4.3 Interchanges The parties agree to collaborate on lobbying and other efforts to receive state and federal funding of I-405 interchange improvements that benefit Redevelopment. 4.4 Local Roads Owner agrees to pay for all Local Roads required for Redevelopment. 4.5 Transportation Mitigation. Fees Renton agrees that Renton transportation mitigation fees assessed as mitigation for Redevelopment will be used to fund off site improvements, required to support Redevelopment, in proportionate share of the cost of such improvements. Notwithstanding the foregoing, transportation impact fees shall not be devoted to On - Site Improvements or for site access improvements required by Redevelopmen# such as left turn lanes on periphery streets. 4.6 Strander Agreement Transportation Mitigation Fee Credits The parties acknowledge that, at Boeings sole discretion, all or a portion of the reserve account established by the Strander Agreement may be utilized to pay for [IBMING Ia:% Kgrcemcal 11-24433 Awl I1124M3 Pag; 12 all or a portion of Boeing's transportation obligations associated with Redevelopment, except that such credit may not be applied to reduce Boeing's share of the On -Site Intersection improvements addressed by Section 4.2.1. 4.7 Water 4.7.1 Renton shall, according; to the principles set forth in Section 4.1.5. 'install water lines to support redevelopment in coordination with the construction of Arterial Roads. 4.7.2 Water lines installed shall be consistent with the "Option 1"plan provided by Renton's Department of Planning, Building and Public Works, described on Exhibit-, 6A and 6B, attached_ 4.7.3 Owner and Renton will work together to create a water plan to ensure provision of adequate routine (non -emergency) water and emergency water, including; Fire flow protection, to the Renton Plant Site, for continued Renton Plant Operations and for Redevelopment, including but not limited to an agreement that water for Renton Plant Operations will be of adequate pressure, quantity, duality and have required system redundancy. 4.8 Stormwater Conveyance Renton shall, according to the principles set forth in Section 4.1.5, install a stormwater drainage and collection system to support Redevelopment, in coordination with the construction of Arterial Roads. The system to be installed is referred to as Option 1 B in Exhibit 7, which anticipates reuse of a portion of the Boeing stormwater drainage and collection system. The segment lengths, type of improvement, needed right of way, length of laterals and estimated costs of these segments is set forth in Exhibit 7A. if all or a portion of Boeing's stormwater drainage and collection system is used, Boeing agrees to grant Renton an easement for maintenance, repair and replacement of that system and title to the stormwater drainage and collection system being used by Renton. 4.9 Sanitary Sewer 4.9.1 Renton shall, according to the principles set forth in Section 4.1.5, install sewer main lines to support redevelopment, in coordination with the constructions of Arterial Roads. IM 3T.ING fie% A-Smcment 11-24-03 dmi 1 I124M1 Page 13 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton's Department of Public Works, described on Exhibit. 8, attached. 4.10 Franchise Utilities Provision for Franchise Utilities must be made, in conjunction with installation of the Arterial Roads. Franchise Utilities and Chyner shall bear the cost of any out-of- pocket design costs, extra trenching, conduit, sleeves or other installations to provide for Franchise Utilities. Owner and Renton agree to reuse existing assets, if both parties agree that such reuse is feasible. 5. Alternative Financing 5.1 Triggering Events Should Renton he unable to timely fiord public infrastructure improvements or should Owner or Boeing (if Owner is a non -Boeing entity) determine that it requires construction of all or a portion of public infrastructure for Redevelopment on a schedule more expedited than this Agreement provides, then, subject to the provisions of Section 5.1 hereof, the parties hereto agree that, Owner or Boeing may choose, at its sale discretion, to provide alternative financing for all or a portion of public infrastructure by one of the following means: 5.2 Potential Alternative Financing Methods 5.2.1 Owner or Boeing or some other party may build all or a portion of the Arterial Roads and other infastructure improvements described in Section 4 of this Agreement and sell all or any portion of the public infrastructure to Renton or other applicable governmental authority pursuant to a conditional sales contract, lease purchase or installment purchase arrangement or similar method, the effect of which shall be to cause the lease or purchase payment obligation to qualifi as a promise to pay within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended. 5.2.2 Renton, or some other govcminental authority, may issue revenue bonds if and to the extent that the property to be financed is to be included in a utility, systern or similar enterprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. 1'13OYANG Deg Ag'crmcoe 11-34413 doq 11/24103 Page 14 5.2.3 Renton may issue such other or further debt or other obligations, including; any tax increment obligations, which Renton its now or hereafter legally authorized to issue. 5.2.4 To the extent that any alternative financing may be structured in a manner which wi'1 permit nationally recognized bond counsel to opine that the interest on any obligation is excludable from gross income of the holder of any obligation for federal income tax purposes, then Renton and owner or Boeing covenant and agree to cooperate in good faith to structure the alternative financing in such manner. 5.3 Repayment 5.3.1 In the event that Owner or Boeing exercises its right of alternative financing pursuant to Section 5.1, the parties shall cooperate in good faith to enter into an agreement, pursuant to which the parties shall identify any and all fees. user charges, revenues, taxes and other benefits which are expected to result directly or indirectly, either from the public infrastructure so constructed or acquired or from the transactions contemplated'.iereby, in order to determine the aggregate benefits to Renton and any other funds that Renton may obtain from other governmental authorities. 5.3.2 The parties agree that they shall, to the maximum extent not prohibited by law, directly of indirectly allocate two-thirds (2/3) of such taxes, revenues and other benefits identified in 5.3.1, over time, to pay amounts due with respect to alternative financing, or to reimburse Renton or related governmental authority therefor. To the extern that such benefits are not permitted by law to be directly allocated to pay debt service or similar obligations, the parties hereto agree that such benefits shall nonetheless be taken into account directly or indirectly in determining the total amounts of public resources which shall be allocated to repay such costs, so that the net benefits resulting from the transactions and public infrastructure are allocated or deemed allocated for such purposes, in a fair and equitable manner. It is further agreed that any costs of issuance of such public financings, any capitalized interest thereon or any similar fees and expenses shall, to the extent permitted by law, be included in the amount so financed and shall be similarly repaid. tMOUNG Deu Arr"ment I1-24-03 doe] I It24M3 Page 15 6. Vesting 6.1 Site -Wide Vesting to Comprehensive Plan, Zoning Ilse Tables, and Site Plan Process for Term of Agreement Upon sighting of this Agreement, the Renton Plant Site is vested through the term of this Agreement to the Comprehensive Platt and Zoning Use tables, and Site Plan Process in place as of the date of this Agreement. 6.2 Additional Vesting to Development Regulations and Design Guidelines at Time of Conceptual Plan Approval 6.2.1 Generally Vesting to Development Regulations and Design Guidelines shall occur at the, time of Conceptual Plan approval pursuant to Section 3.2 of this Agreement. Such vesting shall extend for three years from the date of Conceptual Plan approval for Subdistricts 1 A and 1 B, and extend for five years from the date of Conceptual Plan Approval for District 2 ("Conceptual Plan Vesting Period"). Development Regulations and Design Guidelines may be extended beyond the Conceptual Plan Vesting Period if a materially complete application for master plan approval, pursuant to RMC, for all or a portion of the Conceptual Plan area is submitted to Renton prior to the end of the Conceptual Plan Vesting Period, in which ease such vesting shall be extended as to duration and area only for the master plan area according to the terms of the master plan approval. 6.2.2 Vesting to Development Regulations and Design Guidelines for Subdistrict IA Conceptual Plan The Subdistrict l A Conceptual Retail Flan approved pursuant to Section 3.2 of this Agreement is hereby vested for three years as provided by Section 6.2.1. 6.2.3 Additional Time Necessary to Finalize Non -Retail Development Regulations and (Design Guidelines The parties acknowledge that non -retail Development Regulations and Design Guidelines will not be in final form ns of the date of this Agreement. Renton shall consult with Boeing as it finalizes such standards and guidelines and make best efforts to submit such non -retail Development Regulations and Design Guidelines to City Council for adoption, no later than April 1, 2004. [AIMING. Dev Agretu6cnl 11 -24-09 d1ml 11/24/03 Page 16 6.2.4 Changes to Applicable Land Use Policies and Regulations During any vested period, should Renton amend its Land Use Policies and Regulations, Boeing may elect to have such amended Policies and Regulations apply to Redevelopment; provided, that the Development Services Director must agree to such election, which agreement shall not be unreasonably withheld. Notwithstanding the foregoing, Renton reserves the authority under RCW 36.70B.170(4) to impose new or di#7:erent regulations, to the extent requires by the federal or state governments, or by a serious threat to public health and safety, such as changes or additions to the family ot'building and fire codes, as determined by the Renton City Council, after notice and an opportunity to be heard has been provided to Owner. 7. Additional Development Agreements May Be Necessary The parties agree that other development agreements, in addition to and following this Agreement, may be necessary to guide Redevelopment over time. Thai is, should all or a portion of District 2 be surplused, the parties anticipate that this Agreement would be supplemented by one or more additional development agreements, addressing issues such as open space, and new internal public and private road network and public facilities. For example, the parties anticipate that construction of additional water, sanitary and stormwatc;r utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated with the Arterial Roads discussed in Section 4, and which have been conceptually reviewed by Renton, as shown in Exhibits 6, 7 and 8, will be covered by future development agreements, and that the cost of such will generally be the responsibility of Owner. In addition, the parties anticipate that District 2 Redevelopment will include public and private open space amenities. Such amenities may include one or more contiguous parcels that provide recreational amenities and public access to Lake Washington, create view corridors to Lake Washington and Mount Rainier, and serve as focal points for Redevelopment. 8. Marketing Information Boeing will generally share with Renton marketing information for Renton Plant Redevelopment efforts so that Fenton will be informed about the marketing JiBi)PING Dev ArccmCM 11-24•03do._t Ilf231b] Page 17 process, and additionally, so that Renton can adequately respond to inquiries by prospective purchasers. 9. Potential Renegotiation Based upon changed or unfbreseen circumstances, Renton or Boeing may request renegotiation of one or more of the provisions of this Agreement, which request shall not be unreasonably denied. 10. Termination of Moratorium Renton agrees that the Moratorium shall terminate or expire on December 2, 2003 or on the date that the Proposal takes effect, whichever occurs first. 11. 2002 Agreement This Agreement shall not be deemed to amend or supercede the 2001. Agreement, which remains in full force and efFect. 12. Recording This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division ofthe King County Records and Elections Department. 13. Successors and Assigns This Agreement shall bind and inure to the benefit of Owner and Renton and their successors in interest, and may be assigned to successors in interest to all or a portion of the Renton Plant Site. 14, Counterparts This Agreement may be executed in counterparts, each of which shall be deemed are original. 15. Termination `Fiis Agreement shall terminate on December 31, 2020. AGREED this l SY day of _— )0144re� _ 2003. J19dE ING ikv Agmemeni 11.2.141 docj I I I24103 Page 18 CITY OF RENTON By:._ J" e Tanner - Its Mayor A HV RF; T 8 jNG C0MPANr-�v,,,-,,'- ATTEST: gy; Bonnie I. Walton Its C.,ty CiArk Approv to I'o City Attorney By: By: Its: Ai t ri@d 5lanat(xy Its: Vice President STATE OF WASHrNGTON ) ) ss. COUNTY OF k •► ) On this _i, T - day of ���c rY -±-, 2003) before me, the undersigned, a Notary Public in and for the State cif Washington, duly commissioned and sworn, personally appeared + ' c e. (r,,-s r�, & C- , to me known to be the person who signed as�_tir, � o r* of the CITY OF' RENTON, the corporation that execu�fe—ddia within and foregoing instrument, and acknowledged said instniment to be the free and voluntary act and deed ofsaid rporation for the uses and purposes therein mentioned, and on oath stated that e- was duly elected, qualified and acting as said ofFicu,•r of the corporation, that Tit was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. (lWEING N-L AgrCcmcnt 11-24-03 docj 11124A a Page ]9 IN WITNESS WHEREOF i have hereunto set my hand and official seal the day and year first above written. . !')� , � � LN- -. - ti (Signaihm of Notary) �14- ZCAf)n 1). �-Vrr-(, (dam (Print or stamp name of Notary) NOTARY PUBLIC in and for the S to of Washington, residing at -. My appointment expires: Ct b ._ [IDOFMC Dcr 1IM03 Page 20 STATE OF WASU NGTON ) SS. COUNTY OF } On this _ day of , 2003, before me, the undersigned, a Notary Public in and or the State of Washinn, duly commissioned and swom, personally appeared , to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the in and oregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that 6hL was duly elected, qualified and acting as said officer of the corporation, that At- was authorized to execute said instrument and that the seat affixed, if any, is the corporate seal of said corporation. 1N WITNESS WHEREOF 1 have hereunto set my hand and official seal the day and year first above written. o• � (Signature of Notary) =c°,� N4 Any ; i (Print or stamp name of Notary) th,�W4s�fi�` `�-- NOTARY PUBLIC in and�fQr the State of Washington, residing at hillAQ& U)A . My appointment expires: '. �0 j'BO EING flee Arreernteat I1.24-03 dmj S I24ro3 Page 21 EXHIBIT 1 LEGAL DESCRIPTION Tracts A, B. C, D, E, F, G and If located in Sections 5, 6, 7 and 9, all in Township 23 North, Range 5 East, W.M. described as follows: TRA MIA (Tax Par-ce1 Nos. 092305-W19, 082305-9209 & 722300-0105 - portion) Parcels A and B of City of Renton of Renton Short Plat No 093-99, accor,tng to the short plat recorded under King County Recardmg No 89111490D6, records of ling County, Washington, TOGETHER WTrH that portion of the northwest quarter of the southwest quarter of said Section 8, lying southerly and easterly of Parcel B of said short plat and westerly and northerly of Park Ave N. and N. a St., respectively TRACT' B (Tax Parcel No_ 756460-0055) Lots 1 through I3, inclusive, Bloch: 1 l of Renton Farm Plat, according to the plat thereof recorded in Volume 10 of Plats, page W, record: of King County, Washington, TOGETHER WTI'H hats I through 12, inclusive, of Sartorisville, according to the plat thereof recorded in Volume 8 of Plats, page 7, records of King County, Washington; EXCEPT that portion known as Lot 3 of City of Renton Short PIat No. 282-79, according to the short plat recorded under Icing County Recording No 7907109042, records of King County, Washington; and EXCEPT roads TRACK (Tax Parcel Nos 722300-C115 & 722300-0105 - portion) Blocks 3 and 4 of Renton Farm Acreage, according to the plat thereof recorded in Voluaw. 12 of Plats, page 37, records of King County, Washington; TOGETHER WITH those portions of the alley vacated under City of Rraton Vacation Ordinance Nos. 3319 and 4048 And the street vacated under City of Renton Ordinance Nos. 3319 and 3327 as would attach by operation of law; and TOGETHER WITH that portion of the northwest quarter of the southwest quarter of said Section 8 lying southerly of the southerly right of way margi n of N. a St, easterly of the easterly right of way margin of Park Ave N. and north of the south 315 feet thereof_ yR CT DD (Tax Parcel Nos. 082305-9220, 082305-9221, 082305-9222 & 082305-9011) Lots 1, 2, 3 and 4 of City of Renton Short Plat No. LUA--01-055-Slin, :according to [lie short plat recorded tinder King County Recording No. 20011205900004, records of King County, Washington TRACT' E, (fax Parcel Nos 082305-S,037, 482305-9152, 0923(i5-9D79, 082305-9204) 'l'hose portions of said Government Lots 1 and 2 of Section 7, lying within the abandoned Burlington Northern Railroad right of way (formerly Northern Pacific, Lake Washington Belt Line) and northerly of the northerly right of way margin of N.& St.; TOGETHER WrrH said northwes: quarter of the southwest quarter of Section S, 3ying northerly of the northerly right of way margin of N. Ob St and westerly of the westerly right of way margin of Park Ave N.; FXCh-PT City of Renton Short Plat No 89-093, as recorded under Ying County Recording No 8911 149006, and EXCEPT that portion of said northwest quaiter of the southwest quarter lying southerly And easterly of said short plat; and TOGETHER WITH those portions of said Government Lots t, 2 and 3 and the southcatit quarter of the northwest quarter of Section 8, lying uresterly and northwesterly, respectively, of the westerly right of way margin of Park Ave N. and the northwmeriy right of way margin of the North Renton Interchange (SR 405), westerly of a line that intersects with said northwesterly right of way margin of the Noith Renton Interchange, said linv.. tK;ing described as beginning at Station 6+50 on the A-Lme of the North Renton Interchange, SR 405, as shown on She -,et 2 of 5 of PSH 1 (SR 405) North Renton Interchange, Washington State Department of Transportation Right of Way Plan, and ending notthwesterly, perpendicular ttp said SwRon, at a point on the southeasterly margin of the 100 foot main track of Burlington Northern Railroad, easterly and southeasterly of the northwesterly right of way line of the abandoned Burlington Northem Railroad right of way (formerly Northern Pacific, Lake Washington Belt Line), EXCEPT from said abandoned railroad right of way that portion lying northwesterly of a line described as follows Beginning at a point 50 feet southeasterly, measurod radially and at right angles to the centerline of the Burlington Northern main track as now constructed, from Survey Station 1068+00. said point being on the southeasterly right of way margin of the 100 foot wide right of way, S'hcnLe northwesterly along said radial line a distance of 25 feet; Thence southwesterly in a straight line tc1 a point 25 feet northwesterly, measured from the southeasterly riglit of way line at Station 1074+00, Thence continuing southwesterly at an angle to the tight, to a point on the northwesterly inargin of the 100 foot Burlington Northern Railroad right of way, said point also being on the southeasterly line of the Spur Tract at 1-leadblock Station 8+85.5 and the end of said described line and EXCEPT that portton of said Government Lot 2 described as follows: Beginning at an intersection of the southeasterly tight of way margin of said Burlington Northern Railroad and the northwesterly ninrgir, of vacated Mill St (Park Ave N ) per Vacation Ord 2513, Thence southwesterly tilong said southeasterly margin of the railroad right of way, a distance of 60 feet; Tlience southeasterly, at right angles to said railroad right of way, a distance of 10 f&ei, niore or less, to a point on the northwesterly right of way margin of said vacated Mlll St (Park Ave N ), Thenca northeasterly along said Mill St to the point of beginning- TOGETRER YnTH portion of Vacated Lake Washington Boulevard adjoining. TRACT i. (Tax Parcel Nos. 072305-9046 & 072305-9001 — portion) That portion of the SE 1/4 of the SE'14 of said Section 7, lying southerly of N. 60i St , westerly of Logan Ave N., easterly of the Cedar Rivet Waterway (Commercial Waterway No. 2'). and northerly of that certain tract of land conveyed to the Renton School District by Deed recorded under King County Recording No. 5701694 TRACT' G (Tax Parcel No. 072305--9001 & 082305-9197) That portton of said NE 1/4 and SE 114 of Section 7, NW iA of Section 8, SW 1/ of Section 5, and the SE 1/4 of Section b. lying north of N Oh Street, easterly of the Cedar River Waterway (Commercial Watenvay No 2), westerly and northwesterly of the westerly right of way litre of the abandoned Burlington Northern Railroad (formerly Northern Pacific, Lake Washington Belt line) and northwesterly of the northwesterly Brie of the railroad spur track beginrung at Headblock Station 8+85.5, westerly of Lots "A" and .-Bp of Cily of Renton Lot Line Adjustment No. LUA-98-176-LLA as rr-corded under King County Recording No 9902019014, and southerly of the Lake Washington Inner Harbor Line; EXCEPT Logan Ave N TRACT F. (Tax Parcel No. 072305-9I00) That portion of the Burlington Northern Inc. (formerly Northern Pacific Railway Co.) 100 foot railway right of way in said SE 1/4 of Section 7 and SW 1/4 of Section 8, lying north of the northerly right of way margin of N. 4h Street and southerly of the southerly right of way margin of N. 6h Street. All situate in the City of Renton, King County, Washington. �n 1 r p n�n "Err r, 3 N 8111 St l a ai d. c � N Gth St N 6tq St. " i LN PrFn St -=F 0 600 1200 @r�nohue I'.evt4ap 6� rMsbbo 1F Shue a Plvminp S . '7LM I 7 11V ®R C ewHQ� N 4th kh4m Krasr ap P »� Kml)fl I• , 1 y la It Juan woo sac -- ` . �,'�;•"� "�_ .�� � rut-;---- r �>dmc-lo.�1r,'a 3 : 1 pavan SmIc1 . Li hww vtaw -� PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 (FULL BUILDOUT) I=XHIBIT TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROPOSED LOGAN AVENUE TO NORTH STH STREET # LAMES OF TRAFFIC WITH A MEOIANITURNIHO LANE 0 fr W 32, FULL BUILDOUT SCALE 1'-16' SFrC7M AFE DAA1m w A=MAC WaH TFf KM COLKY MAD STAPCAFDS AND T}E C7Y CF F 64TCN STREET STANDA FOS ALL POADWAY SECTXM AM ILLM7RATIVS EXHIBIT 2A I=0 COVAW 6>gxws a Stewart Sar"t sole 8w seam,, Wahb" qmf f2R613162-M Fax M M-05W TYP QAL SECTION 2: PA VEND - SOUT4 FROM NORTH STH STREET TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIANITURNING LANE n•cmTsv rapK AWO" 4041 Or Tar Ron" aaaut r aawn +Y .sue us vmm --..{ go. t�,+� lot SaoI %NNW LAM l (TM a' TRms arn, MAID "As re, gall uruwp ftwT a rwr .atw---.,-- - - FULL BUILDOUT SCALE 1'a16, LifdTZ-1 SECT7M AlE aRAYM as AOC.LFOANCE WMf Try KINS COLNTr Roan STD ANC) TK CITY OF RENTCN STRMT STAWAFM ALL ROADWAY SWT1CNvtS ARE JI U ISTRATIVE EXHIBIT 2B cowum &OW3 1c; slawwt -VML Stare wo Searle: WesNVon 680 = 382^f1600 Fax fa s► W-= 0 Nof R m TYPICAL SECTION 4: LOGAN AVENUE NORTH 8 LANE$ OF TRAFFIC WITH A MEDIAN/TURNING LANE S' BICYCLE LANES ON EACH SIDE OF ROADWAY FULL QUILDOUT SCALE 1`a16, hQm SECIM nls AW C8AWN IN ACCLIWANCE wrTH *E KM COUM AW sTAAiIMS AM 7HC CITY CF rirrrcW sTRaT STANDARM ALL ROADWAY SEC7"ARE s.LLOTRtTNE EXHIBIT 2C roe srewerr street Wfe aoa some wewvcn 9og1 ma 060-owo Fax am W-= 0 NOVSM-R a= TYPICAL SECTIQN g: NORTH_$TH STREET 4 LAM 4F TAAFFEC WITH A MEDIANITURNING LANE FULL BUILDOUT G 8' 76' 32' SCALE 1"-16' NOTE; SECTKM ARE DRAWN W A000TAND WITH TF-- XNG COWN ROAD STANDARDS" T}E C17Y Lf ftWTON 5TM7 STAWAFM ALL ROADWAY =TKM ARE ILLL67RATTVE EXHIBIT 2D GOrr tov En7hXW.- PM Stewart su"t wre wo SeaMfa. MJ89�bOn 9BL�7 em 382-M Fax 12w 362-M 10 nOVEMV5R M TYPICAL SECTION 8: HQRTH IOTH_ SHEET 4 LANES OF TRAFFIC WITH A MEDIA%ITURNING LANE FULL BUIMUI 0 8' tfr' 32' SCALE 1'=16' �: SEC??" ARE OR -%KW W ACCOFOAJCE Wf7}i TI-E KP%G COUCY PaQ 87AN AP49 A&D TW CJTY OF RWCN S I AM I STAN ARDS ALL ROAOWAY SECTIONS AFE UOSTRATNE EXHIBIT 2E - cawav &grrW$ vt StBwsrt StroK "a am Swua Washita► wol M =•= Fax tW W-O= 10 w am If�,LyklFj,•;, J r r1 159 EXHIBIT '• 5 BQEING'S CONCEPTUAL URBAN RETAIL PLAN Renton, Washington Submitted to the City of Renton November 17, 2003 CONCEPTUAL UPMAH RETAIL MAN Lot 3 and 10-50 Sites Renton, Washington Background The Boeing Company has been working vnth the City of Renton for more than a year in evalurting potential redevelopment strategies associated with its 737 facility In Renton, Washington. This Conceptual Plan illustrates the Boeing C mpany's vision for the redevelopment of the first piece of the Renton Plant to be made available for non -industrial uses. The Plan Includes that portion of the property commonly referred to as the Lot 3 and 10-50 sites, which have been determined to be non- essential to the ongoing airplane manufacturing activities as Boeing completes it's "Move -to -tile -Lake' consolidation Alan, The Plan covers approximately 53 to 55 acres or gross land, of which approximately 8 acme.s are reserved for the development of four new arterial streets that are essential to the ultimate redevelopment of the entire 280-acre campus. The remaining 45 to 47 acres of land will be marketed to entities Interested in developing an integrated retail center on the site:, consistent with this Conceptual Plan. Included within this submittal are a narrative description of Boeing's proposal, a Conceptual Planning Diagram with supporting pedestrian street sections, and an economic benefit analysis demonstrating a range of potential one-pme and recurring revenues generated by the proposed development. Boeing seeks the My's approval of this Conceptual Plan so that Boeing can complete the necessary lot line adjustments and begin actively marketing the property to local, regional and national developers and users. The aerial on the Following page highlights the location of the proposed retail site in relation to Boeing's remaining land holdings and the surrounding North Renton neighborhood. Ik � i �;�`�w .� � �• � ��•�� ,!1 a �' ;i ���,,�' Y fry' � ".�' �., ! �• r�,i IT /nib K - asp � r • ;!��"+,"' � rt �i Olson xamom Moslem 91■INi movesSAM lip + ^ NosI `' 1 .1 r � � �� ` fit t , L ��C �r Rod. ray 4a 'L� T LNUE ` i'r ,:! • �,, s.'� �. s fir« r 12 «. 4 , �', Conceptual Urban Ratak Mail Boeing believes that high -quality retail development is essential to the successful transition of the area from its industrial roots to the City's vision for the Urban Center -North A well -designed retail center well provide employment, diversify the economic base, offer a new source of municipal revenue, and will attract other alternative and potentially higher and better uses to the surroarnding area. The Conceptual Plan for the Lot 3 and 10-50 sites, located on the following page, illustrates the cohesive redevelopment of the parcels into an urban retail center. The Plan contains a mix of large format "destination" retailers, mid -sized retail anchors, as well as small shop space concentrated along Park Avenue, envisioned as the significant pedestrian -oriented street in the area. The Plan responds to the presence of tine existing Fry's building on the property to the east of Garden Avenue, and anticipates that ultimate redevelopment of the northern portion of that site well relate directly to the development occurring on Boeing's property The site is bound by a combination of existing and new public roadways, which segregate the property into four quadrants ranging between 6 and 19 acres in size. Boeing is seeking buyers for the 45- to 47-acre property to undertake a cohesive redevelopment. Generally, the large format retail development (users with footprints of 50,000 square feet and larger and building feature Heights up to 45 feet tall) is planned to occur along 8 h, Logan and Garden Avenues, facing inward and supported by well -organized parking areas internal to the site. These destination retail uses will naturally locate themselves along the widest portions of the property, with good freeway visibility, much like the recently completed Fry's development on the eastern side of Garden Avenue. Medium foiinat retailers (ranging between 10,001) and 50,000 square feet In area, wtth building feature heights up to 40 feet tall) are assured Will between the large format tenants, with primary pedestrian entrancOS facing inward or directed toward Park Avenue. Again, parking is assumed to be concentrated within each segment of the site, to allow for potential `secxind-generation' redevelopment at higher densities, if achievable. The northwest quadrant of the property is identified as one potential location for a mid- to high-rise development, which could take the form of a multi -level podium - parking structure, with multifamily residential or office uses above. This ultimate development could initiate the truly urban vision for the area and, together with pedestrian scale treatments at the corner of Park and Logan, would Identify tnls as the 'gateway, to the Urban -Center North. Small, specialty retail shops and amenities would be concentrated primarily along Park Avenue. The scale of development is more intimate here, whir an eclectic mix of uses, architectural styles and gathering places In some instances, single story retail uses may be topped with one to three levels of apartments or professional office uses, all overlooking Park Avenue and the activity along the street edge. Together, the large- and medium -Format users total approximately 450,000 square feet of space; the smaller shop space totals approximately 110,000 square feet or 20% of the center. CONCEPTUAL URBAN RETAIL PLAN Ift4fp to%" pmMml; droduro and nwlcr" now d+owl d~ roko /44 toad ac 61 r wAk i for of oe w raAdtt td x#bos* CONCEPTUAL PLANNING DIAGRAM Fu%" N IM Strstf f ULLFR,SEARS svF�ivW ARCHITECTS Hierarchy of Streets Key to the successful development of the property is the reconfiguration and improvement of Park Avenue to serve as a critical pedestrian -oriented street in the project. To accommodate full redevelopment of the Renton Plant properties, the ultimate build out of Park Avenue wJI need to allow for four travel lanes and a center turn lane, designed for vehicular travel up to 35 miles per hour. To support the vislon for the development of an urban retail center In this tocation, a generous sidewalk with street trees and on -street parking for Park Avenue is being proposed to enhance the environment in the public realm and encourage people to make Park Avenue a pedestrian street. An illustrative street section for Park Avenue can be found on the following page. The other major north -south connection is Logan Avenue, which extends from 61' Avenue to the south and loins Park Avenue in the north. The construction of Logan, providing direct access to 1-405, will be an important altem bve through connection to ensure Park Avenue functions as a pedestrian -oriented shopping street. At the outset of redevelopment in the area, Logan is envisioned as a three -lane: street, with one travel lane in each direction and a center -turn lane. Ultimately, Logan will expand and function even more so its a higher -speed alterial. The east -west arterial roadways, 10L' and 8"` Avenues, are less critical to the successful development of the urban retail center, other than serving as access points to the center off of Park Avenue. Connections from le and Ba' to Logan Avenue, if constructed, would be favorable, but the center would function as well with access only off of Park, the exv ting leg of 8a' and Garden Avenues. Urban Center —North Vision and Policies This proposed Conceptual Urban Retail Plan meets many of the City's vision and policy statements for the urban Center -North, which call for "retail integrated Into pedestrian -oriented shopping distracts" and recognizes that: "At the: beginning of this transition, uses such as retail —may be viable without the office and residential components that ultimately will contribute to the urban character of the district." The City's vision plans for the transition of the area over a 30-year horizon and anticipates that redevelopment will need to address the potential for future ►nfitl to allow areas to further grow to urban densities. This site is located within District 1, where the City identifies its first objective as follows - "Create a major commercial/retail district developed with uses that add significantly to Renton's retail tax base, provide additional employment opportunities within the City, attract businesses that serve a broad market area and act as a gathering place within the community." Boeing's Conceptual Urban Retail plan seeks to both allow for the near -term redevelopment of Boring's underutilized assets while advocating for a mix of uses that improves the City's tax and employment base. As is illustrated within the attached economic benefit analysis, more than 1,300 jobs would be created in the City of Renton by a redevelopment of this scale The City would collect more than $1.2 million in one-time revenues during development and the City would receive over $1.5 million in annually recurring tax revenues at full butld out. n- ti Summary Boeing believes that Its Conceptual Urban Retail Plan Illustrates the optimal development plan for this 45 to 47 acres of land )n North Renton. The Plan offers the opportunity to contnbute to the transition of the area from a primarily industrial neighborhood to a higher intensity and range of viable uses, providing both jobs and a significant source of new revenue to support the City's objectives for the area. Summary City of Renton Economic Benefits SUMMARY CITY OF R-ENTON ECONOMIC BENEFITS Retail Redevelopment an Part of Boeing s Renton Plant Site Economic benefits to the City of Renton of re -developing 46 acres of the Boeing Renton, Washington plant site follow Derivation of these benefit estiTnates is based on a set of realistic assumptions that correspond to development of 451,000 square feet of retail bigfinedium box spacer and 110,000 square feet of retail shop space. D At full absorption of the above 561,000 square feet of retail space on a redeveloped portion of the Boeing Renton plant site, it is estimated that 2,197 permanent jobs would be created throughout the region. Of this total, a projected 1,132 direct jobs would be created at the targeted 46- acre Boeing Renton site phis 266 additional indirect jobs within the City of Renton, assuming a 25 percent capture rate. > It is estimated that these 1,399 direct and indirect jobs in the City of Renton would generate an additional $45.4 million in recurring annual income earned inside the City once full occupancy of this new retail space occurs at the Boeing Renton plant site Y The: corresponding increases in property values by redeveloping this 46-acre portion of the Renton Boeing site into retail rises is forecast to total nearly $66 million upon completion in' 009 Y The increase in annually recurring tax revenues to the City of Renton at fall build -out is estimated at over $1.5 million starting in 2009. Y This is in addition to over $1.2 million in one -lime City revenues collected during land redevelopment and the constriction of 561,000 square feet of retail space on a part of the Doc ing Renton plant site during the 2004-2008 period 11113/01 A". F.SUTF. ECONOMICS The dsra and wlwlahorn ptts_ated hcrcrn whrle no tuw.nwA &m o6wnad from sour=dwnudiehable 1600 1200 400 0 tw.a M $40,0 � ssd.a 0 = $20.0 0 $10-0 $0.0 �--- PERMANENT JOBS CREATED IN 2009 QTREWPO 1L�._.. With Project 0 Without Project NEW JOB ANNUAL INCOMECREATED IN 2009 --C12 N_ Wth Project Without Project Sim*NEW CITY OF RENTON TAX REVENUES - -- Ll i1.600 0 E1.20G - r. 0 i1,00u - — 44 $600 O $tw1,2110 —. i t 2003 2004 2005 2006 MOOT 2009 2m 2"0 2011 2012 2013 i 0'10' d Dev. A Building Dev. ■ Pa nienent Taxes CURREW 2QNM SCENAM0 REAL 9S7A7 E ECCW0AflCS Charts NEW PERMANFNT J013S CREATIwD 13Y 2009 Wnh PMJ*Ci wlmoqt PmjmcL 11 NEW JOB ANNUAL INCOME IN 2M ue arc R a 3 Lr sas $li S. wAh Pwjwet wNmout PNo" Q~Vu wm.r-fine airs ir. a� a■ .�. a.rr mLa.a�w+nr..+a+�e4 �� ueaw W away vu�. �d.+d w q �� W ACaLalM ►6 ECAMOYiCS Chas s PROPERTY Vhl,[iE INCREASES 6Y ODOR wbhbw Rn0%RClMM $34 T YYItA PNJaaI 1877 f0 g19 $20 $30 $40 6M $60 $79 W $90 t100 Dollars In mlliions lt,owUFNn WapsAiU[W not nvwar+aw� �.w��eCr+�.ti �nr mr P�+rA tv.. tc..� oec�.e� rraw.u,O rr..s u n. ndi Rf�L �SlATXNDOMOWCt Mob $1006 la" N x 0 w04 iu+ use Cnarm NEW STATE Tax REVENUES on i" rocs 2m my mn "" one ml "it v"3 ■ Leea Dev raxer. i Emiding Der Tama CiPw"nom Taxrs Without P"*m wsn Prole" NEW RECURRING STATE REVENUES i- f2 H Si $8 $te $Sx Dollars In mllllaas no—tmow vent P-FA.1 llfl% j FW3 T as ad mlY. AWAt ESTA tC ECONDA /CS Assurnpt+otta DEVELOPMENT ASSUMNPTKNIS' - AWE SOURCE Redevrbpment Land TDlal buildable mclavelloNnenl land aroa-"r» acres 45 88 t eartim)d Total buadabte redwokVrncrd land area -"net" sq It 1.989,821 Heartland Lane Development Land Developrrtent Catsimcbm Costs i 14.3114,177 1 Amnand Land rrnprovement constructo t durahm - years IQ REF/ HLarlfatd Percent design I. manapemenl 10 0% REE Percent cont-huchon labor 360% REE Peramt rnatrmals 54 0% REE f atlAn0 Developm"d Pammalm rs ChwW in a.—maresed value 3 65.996A7 from AV eshmates Percent dastgn and management-cornmeraW 10 0% FEE Percent construchon tabor - corninetual SS tREE Percent cortstrucbm mate is & swy cw - commercial 54 0% REF^ BAmq mutbplter for design and managemant 2 5 REE B4km9 muptpher few Construction 2 0 REE Property development dwalron - yem 4 0 Heartland Retad-O gMed Box Gross scloam feet of raW apace 4SIX" Heartland Load factor--relatt spm* 5% Hears" BWdnq canrtmkAjon cost Isq R --retail apace t 120 Heartland Sq it per employee - big box retai BW REE Retail &albs par 5q A --bg box ralai 275 REE R4W-Shop Space Gross sgoara teal of reta4 spar,* 110.000 Heartland Load fac$m-rel#arl spnoc 5% Heartland Bwldrng consh'ucbw cast Isq it--retailqXm $ 130 Heartland Sq f1 per tsmaclyea -shop Space 250 FLEE Retul sates 1t S 250 ULl d REE ECONDLOC ASSUMPTIONS Indtreal Jobs Multpher for ream gpbs 1941 REE Indirect Lobs maVller for land deyfdoptriml owstrixtion jobs 2 488 REE Indirect tabs gKXbpbw $ae regular corwUuchorr pbs 2 8157 REE Share of endued tubs captured by Renton 25% REE Share of indirect Woorrte captured try Renton 25% REE KxgCo est average FTE wvis for dried swum" retail jails on -site i30,000 ESD 3 REE King Co avemoe, armual wage far all etdrect W f43.0O ESD 5 REE "Co average tuusuttt wage tote prged dtesrgnfrnalragement let's M REE Average annual wage for ono-hme crostruchon jabs $49�D00 REE Gross_recwts par effgk yee—state average 11000 WDR 6 ESD TAX BASE AND REVENUE ASSUMIP RS Improved land as W total aseesmd value of tedsvOopad property 30 0% REE Real uslata lurnover rote 10 0% REE Total a"assed value of'e~roum property Land i 16,60.400 Heartland Total assessed valor of "ex1s " n"Ase pi2eft impMemrrits 15,1982100 Heartland 'Model results am nol guarantoee, wt are Dared on whal are d aerned'raaaonaW esaumpliona RenWn lhban VV;Y26-P—FIN td, 11113*3 Page t The data prmentecMwm raefa not puwantxd, have wen abL*wd Foal amec6s bOwnd lobs relo la REAL ESTATE ECONOPOCS Summary One4lms Land One-tlme Budding Recurring deveta ent I]eveio rnQnt 200k2M in 2009 JOBS _ Direct Jobs 61 73 1,132 Indirect JoW 91 122 1,065 153 196 2,197 Total Jobs INCOME Dired tncame $ 3,149.119 $ 15,062,400 $ 33,962,500 Indrred Income 3 922 789 a 21 034 •45 80T 488 $ 7,071,908 $ 36.006,710 $ 79,769.988 TotalIncomia PROPERTY VALUE INCREASES Not applicable Not applicable $ 65,996,257 TAX BASE INCREASES Assessed Valuat*n Not applicable Not%Vicable $ 65,9%.257 Relatl Sates S 12,882.759 $ 61,578.000 $ 143,948,750 Real Estate Sales Not applicable $ 97.742,W $ 6,599,626 Gross Business Receipts $ 14,314,177 $ 68r420,000 S 143,948,750 SELECTED TAX REVENUE INCREASES {Property, sales, BrlrO and real estate} State Taxes $ 1,189,652 $ 5,143.454 S 10.356.729 Local Taxes Coy of Renton -property 100% in city $ 245,167 $ 959.786 S 1,554,562 KJN Court 0% in wun $ 17,392 $ 83130 3 95,695 R«iim Urban vaip-P-Fitt Sri. 11113M3 Paget 1 tM *Au mod ukwftu jwu"ma heron wR1a rot qua a u vd haw b"n obi—d &w wurces W&M to to r0 mble REAL ESTATE ECCWGAUCS Business Recepis Land Use Net Retail Sales Agm al Annual Sgft _ _persaft Retail Was 97VIgmant Grass mcaipts Retail-agpMed Hox 4286450 S 275 S 1-IT,623,750 714 $ 117.823,750 Rotad-shvp Space 104,500 $ 25_ 0 $ 226,125,O00 418 $ _ 26,125.000 TOTAL 532.950 $143,9486750 11132 $143,949,750 Renton Urban VrUgc-P--FINx1. I I M3103 Page 1 thetlamfiiatpuaranfeed,hove b"nobtw+edRom zmm bww4edtoberetraM RMESTATE ECoMMCS Real Estate Saks Retmi Safes Gross Busm is Receos Taxbases One-time through S29,322,857 I S 12,882,759 $ 14,314,177 $ One-im Buddmg meta 20D5 thru 20D8 On-oom at 2t749 $ 65.95B, 257 97.742,B57 $ 6,599.626 61,678,DOD $ 143,948,750 68,420,0DD $ 143.948,750 RcMw Urbsn Va;,s*-P-FIN A t V13)03 Papa i T- data and -JomLr.ant tkW* boa n obUwad fmm sounoea Wovid tab* MWOO REAL ESTA T@ ECONOMICS A-mssed Vahlatan Bich. Start Year 2005 ASSESSED VALUATION Gross Const Co"sbvetlon %Lmd Tat Herr Saar Land Use _ S4 Ft Cos_ t /S4 Ft V Ft of Toted LOW AV Fte!ad-SglMed Sox 451,OQ6 $ 120 DIY ,ivz() 00 303E SM194.286 i77.314,285 Retail --Shag S» I I op 0 $ 13D DO $14.30D.000 30% SS.12j8 571 SUBTOTAL S 68.420.000 S29.322.657 _$PA28,671 SST.742.857 Less exal,ng:&W vWuabon (SISM8,400) Less embng ogwoveme❑t vAtzaw 315.1982M Renton Urban Vi bgaP-AHA i1113W Apgs 1 nw eau NM CWM SWI Dn► Wd hwalM wr. n.I gwv*f and hara teed aan ed bmn source* REAL ESTAM i:COMOMIC•S G^mmercial Year 20a5 New SgFt Per Net Gross Box TOTALS 1 1.132 =.950 561,000 Renwo Urban Vd age-P—FIN xt.11f13M3 Page 1 pcdalaand WhAo,w pwanw- a.htwatcanoau-nearromscwm5b0*VWftber0aole RFXLESTAFEMONQMMS oneflrne Jobs ltEm From Development Of Land From Devejopment Of SY s PROFESSIONAL JOBS Dum9n and management costs $ 1,431.418 $ 8,e42,0D0 Average salary $ 65,000 $ 65,000 EWih } multiplier 25 25 Professnnal job years 9 42 Total professional vrages $ 672,567 5 2,736,800 Anneal professional wages $ 572,567 $ 084,200 Project duration in years 1 4 Professional jobs created 9 11 CONSTRUCTION JOBS Construction labor costs only $ 5,153.104 E 24,631,20D Average salary $49,000 $49,000 Bdliniq rnultrpker 20 20 Construction job years 53 251 Total construction wages $ 2,576.552 g 12,315,600 Artnual construction wages $ 2,576,552 $ 3.078,900 Project duration to yams 1 4 Construction jobs created 53 63 Total Equivalent Now .lobs 61 73 Annual Wage Income for New Jobs 3.149,119 3,7t33,100 Total Wage Income for Now Jobs $ 3149 119 15,052,400 Renton Urban Yrlage-P—FlN.nr, 11/13/03 9090 1 ibo data and cauowarm prossolyd Mron whla not VnraM* ed, ha a yam oMsv ad hard savers b*hWVVd W be r MUO REAL ESTATE ECONOMICS UneUrne Revenue WA Wate Land Dar Budding Dar 2002 Tax Land Dav 6wkbng Dav Ono- bmo rerwtues Penod fax Buse Tax Rasa Role Reven us Revenues lz i Tax f 12,6D2,759 S 61,578,000 E50% loom $753.641 $ 36D2,3Y8 9 a O Tax• S 14,314,177 $ 69420,DDO D 471% 10 00% M676 d 20D,072 deal Esm1e Translar S 29 322 7 s 97,747,957 1 28% O M% $375,233 S 1251109 TOTAL $1,189,662 S 5.143,454 Ksng Co-* Land Tina Budding Orr 2002 Tax Land Dov Buddmg Dev- Om bmr rawsnres Pmrod Tax Rap Tar a=* Ride Lowk • Re"wes Rev nwm SWes Tax f 12,892.759 $ 51.518,000 015% 10007E $17,392 $ 83,130 114017ax f $4,314,177 f 88,420,ODD 00D% 1000% SD s Raw Estalo Transler S 29322,857 S 97,742 857 0 00% ] 00% SU S TOTAL S17,392 f 83130 C" of Raman Land Dtv DUUdhq Dev 2002 rsx Laard Day. Bttddtny ti.v One bme rerenurm Perlod Tax But Tax Baas Rafe Lealka ft r nuns Revenues SaMsTax S 12.3n,759 S A 61,578,0D0 Des% SDod% Sm.= S 471,072 B d 0 Tax $ 14,314,177 S 68A20,000 000% 1000% Sao S - Reat Estalo Tran-Jw $ 29,322,057 97 742 84? D SD% 0 OD7L 146 614 S 480 714 TOTAL $245,167 S 059.786 NVa 9we 144 Tea Me ke rersirg Renton Vrben V4ta)e-P—Flrdxl, 1111341 Page 1 Ttr data aM 3" it"altted Imon vA M not Sava 4d, rw+a 6a.a.r (bWi-sd from $WFO s belmd W be Mhabb REAL ESTATE ECONOMICS R4mumng Revanue wA state :Rot= revenues 2009 Tax Bass 2002 tl mmura Tax Rafe 2D69 PX"Imas PraparflrTax t4,995257 $36000 S23 07 Sakes Tax $1,t3,940.750 G 507E S9,356,665 S8OTax' S1�13,846.75D 0471% x677,999 Rest CrZft'framfor 36,59916m 1 29% 94 475 TOTAL. I 41a358,721b King Cottntir Recorting-rovemes 2009 Tax Base 2002 Taw Rob 200 Rnvonues Prop"T" $85,996257 $14500 $95.695 Sates Tax $0 100% SD B 8 O Taa SO 0 00% $0 Real Eorato Tramfor $0 0 50% i0 IV Al 595,605 City of Rerrtan kmmmng mrewaa 2M Tax Base 2802 Tax Raw 20" Ravartusa Pra Tax $45,W257 $3 35M 'j2: .957 Sales Taos $1,13,948.750 055% UXM584 a 8 O Tax S1d3,946050 D.00% Sa Real Estate Transfer w.590.628 0 6M M096 Road 7axml 1.398 00 7 9i2 TDTAL 51,554,562 -ft Slate 8R0'faa r»_ for rataarg Renton Urban Village-P-FIN x417ff3103 Page 1 The Seta and c :ctolim nt gr"aft d herein wtulp not guaranteed hwyc win omw" ham worcas bdarved lobe raltable REAL ESTATE ECONOMICS Boeing CPA - Estimated Cast for Water Infrastructure Improvements 10116103 Phase 1 Cost without Length Cost with street street restoration Location From TO In ft. restoration 1 park Ave N. Garden Ave N N. 8th St 2000 $ 500,000 $ 459,500 2 N. 8th St. extension Park Ave ,N Logan Ave N. 1300 $ 325,000 $ 298,675 3 Logan Ave N. N. 8th St. N 6th St 1300 $ 325,000 $ 298,675 i- Pressure reducing 4 station at West Hill Pump $ 200,000 $ 200,000 5 N.10th St Park Ave N. Garden Ave N 650 $ 162,500 $ 149.338 Subtotal 1 :a 4 $ 1,512,500 $ 1,406,189 Phase 2 6 Logan Ave N. Garden Ave N. N. 8th St 2700 $ 675,000 $ 620,325 7 N. iOth St Hauser Way Garden Ave N. 900 $ 225,000 $ 206,775 8 N. 10th St Park Ave N Logan Ave N_ 950 $ 237,500 $ 218,263 2 -Pressure reducing � 9 stations at Highlands $ 200,000.00 $ 200.000.00 3.200 ft water stubs to 10 properties west of Logan 600 $ 150,000 $ 187,860 Subtotal 6 to 10 $ 1,487,500 $ 1,383,213 Total 1 to 10 $ 3,000,000 $ 2,789,400 Puture Reservoir in Kennydale 320-zone $ 50000,000 $ 51000,000 Note: :ast excluding strect-atoh:ng for y `: ;.id2 x 6" ,h;ck asp ha t ratty ii ovei ;iiatte Una trench +Fiithin streets Yhere new water lines will be installed - Asphalt cost estimated at $901ton IlAbdouUbaoemgldoeing-infrastructure-oast-est 0I.As-1016103 Exhibit 6A PM13i % P—Px 3 New le vwlm%Aam NOD MUNK tze wux" C* +0.4co "w sxsa PROPOSED WATER MAIN IMPROVEMENTS FOR i60 " "'D 501L1 ". eOEiNG CPA DEVELOPMENT AGREEMENT Boeing Comp. Plan Amendment Total Buedout (Option 61 Skormwal6r SpWm Impro»mertta Toth Total Storm ROW, ROW Length of Water 4uaty Weer COeI wl Cost wlsut Ifn.n 1 BOG John's creak to N 1Otn Sl i2' literals 1 00 2b4 SOD __-1 013 2 � � T244 634 � $53D.674 2 ISOC N loth §t to N Sth _&f 9Oc jN Bill $1 to N 6111 SO New 2A' S 12' tetarris , ,^7 1 W. 'Co 96 1 $146 4*3 959NDA731 1.4231 3 New 24` 4,12• rate 1.201) 1 ii6 IDO 1.075 1 S160 3 653.046 nn 9" 4 lPaft.Avetl -akC YLA 10 B :- Now 12` a1 U" koteraa 1.200 1, X-?M 110 7 s114 3SS trb SS $406 6 3 Pars Ave N J00C to N 1 Oth $t 12' M 570 $li 010 107 2 733 $1341 4 266 D Park Ave N N 1Oth to N Sth SI 12'talerah C 407 2 7S 1 17ad 11+ 1 866 7 Park Aw N N S5l b N 0 22 123 2 174 244 61 1G park Ave N N 61h S7 ro N ssn 1 Y LMOM$ 560 57.4 39 2 1.707 S132.177 t 4p2 9 N 10th SI MOC t0 Palk Avs Hew 1 ' b 1 T kNtels 939 50.910 5s1 1 561 72 1 $33660 10 N 10th $1 Park Avg N t erdsrt Ave Hew 1a' 61Er talenke us S9 " 400 1 3 354,175 54 #T 265 i 1 N 10th S1 Gardm Ave N to 640S tvsw IF 11 2' twlarals 116 88,305 4 SW 7 679 = 52 N Brh St 90G 10 Park Acre Neer IF 61. immis + 10e.gOp 68 1 Stan 177 9G 617 13 N 611151 Park Ave H_jq Govan Ave 12' 1"Wars 6Os 00.000 43 373 1741 152 $141 14 N St C?rden Ave N 0 Fd03 New 4r a 1 raterala 1 250 125 DDD 66D d 11 $31 1 171.03i $1 031791 t 5 N Sd157 Cadet PJver to BOC U ske 10 37 1.280 J46,03 IsT61 7 16 N 6th St to Pak Ave U $s t0 30' t O>s 67 24D 622 4 i983 2S0 17 OutfaO 410 Oaks WA t0 a to 30. 1,500 1pG0 040 3916.000 ' SOC - BOutavWd 01 Champions (LOW Avs) Assume ROW 10%tandKapN ' Asumad costs 3nCsud4 yarmittinD, erralneermV. dsshp, rn&tariatti conalp,Ww, and IaMmg ep of y)pe, cb3, Mckft, atc •Assume U aose-sed oU W a!I streets . q.J �KuuJ ..WJ Aw rf.Y e+,.ar.wu al Vrq,rrY 49.NT.I fV coo w1 Caal wlout O_11L_nelerfn) RNtomVen Mieatvreqlpn (19 12 18D im 1e 213 190 24 250 220 30 400 385 36 SSD s1D 46 700 SSS Exhibit X ooeingCOmp PlooAn*ndM@rlt Phase 13 Stommalor System Impravemertls . Opuan 6 Storm lmwb H,1tL Total 1 otal ROW ROW LorWhof WaterQublfry Water Caslwl Geslwfout I .—LA M Arar fM Lltarara (ltt facgo s Quoin tsl Rastorawn Is) Romwoor, ts) ..1 .. 150f, ,yvnn. Crsek to N l h 12' erat�k 1,600 64 D 922 2 f1 Y6 11 .01 2 B N -Oth St 10 N Oth St 12'talerals 1.10D _161y7C0 _ 173 MA 1 1e1 F� }d .4 DOC '. L:h St u 1. Glh t t2` 1200 0 s11a R Pat% AYe LaR wA 19 aw t 12• orak 0 12 71 i1t2 34 1 54".A. 5 Park Ave N ath St to th instork 7S7 2 123 5W 17 4i d Part Ave N dth 1 t0 N 51h S 1r IatMala 67 m 391 61 7 1 1 1 7 N 109t St C to Fa Ave Naw 18' 1 m136 $0 1 551 s7]. 5772 1 6 10m SI arden AveH 1-i45 New 1t1' 31r m"is 8 601 4 3W 7 27 9 N ail, St to Pm% Av0 New 1 61r f omb MAW s 1 598.1 SMAM 1 N 6m 61 atk Ave N to ar0en Ave M it tatafak 5 a0 438 $73 $141 11 N t mMn Ave N to New it it Iawm& 11 125.0% 050 113. 1 1 1 1037 1 12 N M 51 Cedar Rtw to aP 1299 160 00D 7 31z. 13 am St to ark Ave a0 30r 1 422 � i 1� OlniaGelo Iak.wA C •,e36' 1 3 91 Total 10,4w 1.640.m a."fj araa,aar aa,val,,.r+ a�.��.-•..n Exhibit 7D m i! YJ 41 2. Sp LF OF 12 4: "o $2s0 P�FR OT 1. 5-200, STUBS TOTAL 125,000 FROM LOGAN TO THE WEST S. 1300 LF \ T"O *EF-- AT $20,000 EACH EX. 8' Wrrki R 12 TOTAL - $100,000 (AND EMR a $300 >,o T (EX CONC.'I; OAID) rf I I TOTAL = $39,0,l0 3. 100 LF OF 12 0 $250 PER FOOT TOTAL = $250,000 EXISTING KING CO. EASTSIDE INTI!RCEPTOR LIU, • 4. 1200 LF OF 12" Ccib $250 PER FOOT TOTAL = $300,000 r_l T t V4 0279 2fift.. 0 292a TOTAL COST WEST STUBS - IGO,000 tj 2. LOGAWPARK CONNF-CfIDR = 125,000 3. N. IOTH -.LOGAN TO PARK = 250,000 4. N. 8TH - LOGAN TO PARK - 300,000 7F 5. GARDEN REPLACEMENT 390,000 s000 OP- $12 MILLION PROPOSED BOEING CPA DEVELOPMENT AGREEMENT SEWER EXTENSIONS EXHIBIT 8 i (D COD 1 x aM► * r tiHw � , � Rv : it • ,ate p{ al l � LC � Yr ._.. �. ad - � y f w _ f • ,1 � �= �-i i I :.r'S � �' _�r� © `.b'w r�eawai Wit � =�' �� t'--1 � uew•erw�ar. +oc..-w 3iQ.7��'.,..r...�.. c.ra.KaLeMum* Kft. rhea. Or PROPOSED owwws� �a PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT i EXHIBIT 10 TYPICAL SECTION 1; PARK AVENUE NORTH FROM PROPOSED LOGAN AVENUE TO NORTH STH STREET d LANES OF TRAFFIC WITH A MEDIANITURNING LANE Mai l� AIIMp 4AML SAKI A57 4Y�iO ° w 'S' 32' PARTIAL BUILDOUT SCALE a-.» SAME AS FULL BUILDOUT SECT9M AFC Gfi YW A! ACC0fVMt c WITS-! 7if Kfta 0000Y RipAp STAT aqW AW TW C47Y OF %gTCN STFa7 S7.VVARM ALL ROAOWAY SECTIONS ARE !l LLASTP.ATIVE ?i "IN 1 EXHIBIT 10A ffmo CamfifkV Fng!nws of Stewart Street Smote aw Se 01% Wagfttan 980 M 35"SW Fax 12M SM CM TYPICAL. UCTION�2;_PARK AVENUg. SOUTH EXHIBIT IOB FROM NORTH $TH STREET TO FORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIANITURNING LANE r rr;r" Pxft CAR ftwTaw y � :L7 pep No~ AND 141wq �/K�Nl1AiMT lY R 40W cmmcm idpmm { � Y %r u ar it Am L [ � Lms 1 w.� aaw vas wm " Mart aF war �p 8' ,s 32' PARTIAL BUILDOUT SCALE V-16' (SAME AS FULL BUILDOUT) CorsurNRg Ei�p+naers SEC77 Ws AAE AWaM RV ACCORDANCE WITH Ti E avr Stewatt street sw?Q ow Kip CWITY ROAD STAh AFM AM TW CITY CF seettla waewon 998101 FeITON STFEE7 STAN ARM =& 3&%MW Fax vm 3s"sw ALL ROCWAY SE:CT06 ARE r LCSTRATIVE 0 NOWNREa 2OW TYPICAL SECTION 3: LOGAN AVENUE NORTH 2 LANES 4F TRAFFIC WITH A TURNING LAME 16' 32' SCALE 1"=16' EXHIBIT 10C wnr'�c/ n s wrd � rncn wIM awns ar 1 r . gy�ar VRn[s � s,..osT pnama� u mw"a�� PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT to SECTS AA F GRAM hV ACCORWJfE WITH TW KM COV41Y AOAO STAN A W AM TFE CITY OF FZS+ITCN sTFM7 STANa4FM ALL ROADWAY SECTKV AFZE W)STRATM Co'sulhr�p &pitieers a srrAwt west Sara sm seetthm wasNrow y 9601 MV 382-M Fax QM SM-05W 10 NOVEMMi TYPICAL SECTION S: NORTH 8TH STREET 2 LANES OF TRAFFIC WITH A MEDIANITURNIN4 LANE PARTIAL BUILDOUT 1e. 32 TQ .SUPPORT SUBDISTRICT 19 SCALE +"_19' SECTrOM AFtE DRAM W ACCOMMa WIN V%6 KM C004TY Pr W STAADARM AND P-C WY OF A iTON STREET S rAN AFM All. ROADWAY SECTJCA6 ARE lLLi+UAAME EXHIBIT 1 OD corwtkv sv Vr stme sneet sure aw Sealft wawmw 9810, (2M3a2-0600 Fax GAW. 36ZMOO 10 Aovswim 2003 TYPICAL SECTION 7: NORTH 14TH STREET 2 LAND OF 'TRAFFIC WITH A MEDIANITURN114G LANE PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1A Q t8' 32' SCALE t'.tB'. b= =Tta6 AFE CRAM V ACC4MMCC WaH TFE KM C iTY ROAD STANDARDS AN? TPE CITY OF FeYTCN STREET STANDARDS ALL PGA0V/AY SEOP" ARE ULASTRAVVE EXHIBIT 10E fii r Uonwthv E vows of Stewort $tree& Wte 6w s"U13. Wad sea OW 3&%DWO Fox (M W-OWO y I $ r B ... QEDICAT1Qt��'- YNOW ALL P[9?Lr 6Y �7NESf aRESFNR THAT ti£ r1fE UFlQFPSlG!!tC o%:NE/S OC N'fr@LS: '* ME i-4YPo NEftrke DE$Earyi Bra BQ"IERs:Br:MA%£. 91HPMC v1L P"no RUnfuANr?9 C,eAP:'� 58 iT R.0 w. ANC"OLA•:aR£ D+E•DlrvPlkc.�.'TE •'PLAN ID .BE A GRw�fflC REPJ}F�'EN4A RpA OF sRw� ` i?EING LAKESHORE LAND1 SINOING SITE PUN N- 11G 3 SP LE SEC, 7, T-23N., R5E.. N-M- & NU1' Wd & S. A4 V4 SEC. 8, r..-3k. P.5E., 1hr.1M. CITY OF RENTaN, KIM42 00U)VTY, WASHI NGTON V A&MJ N15TRAT', P OF' r-CANNING / 9UILDIN,^, / PUBLIC IVDRKS ANTI D+AT S.,i BR10 SJV 1 ,AN :s A(AOC •!wi1+ FREE: CPWSFN;.'-0 w PCCQp0—C AT In r;ti exANaREb ArvO ARMtovEp P(R RCw S$IT. rEC (I; ilitg �� OAY OF �1j,�-y_•�✓ SPP�' D£SIRE 'Y TIeE OdNCRS, -' ; '. � r�L-{/'4�✓✓! T'�'l �i ✓FL14M 1if t✓%Fi4l? !+'! &Vl MESS WNfREOF .W„" OURR/kN'?.7,AND SrAC S' ADNn..STRnraa, �'rr Dr R£++raN THE @(0}t.'G A DGLAWA . CORapHPI]DN /r(�W1 sr KWC COUNTY OEPARTnM'EN7,OF ASSESSMDN75 r AA';m�� wND Aaano�io Das27__Y w_� a.T x r 2n49 VVAT-'Cc%�1W M.'r*MtQ1k AyA10RSod SlgeetQlY INs „�VNmr,-w55FS3pR DFnyTr Nrr.G CVu ASgLSSPR ACrrxxvr NlVk[ QP74r5-.Y0i15'22C�ri Jri 7J2.yp';Cj CI,J37 47v4 Q'� SrAre or w,sl,mcTPN J ! I ss COlxlTr pr Nw5 ] ':';;' �• W FACT A� T4F RBD u14LCDVPN+r T1IE GCPRPDR4it'yt L!-$C�M•q YIHEHO Tb 9£ AN .'� _V NC R+Srauw�r::. uaP. . 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D'vlSlQN OF £?SCQRL]S Av0 EfEC7rQ.N5 '.-:...:''� .•," .•' OE5'0nrL ay C'NEC-fr Or 1[_ r1�ERS o .p SOEfNGJ7�'A(7Y Ca MPAI�`Y E)7F4My xr F'wG CCdr A!'.rr'?OvCO or, �. Sw k \ I CrT7' OF P.ENT'O1J NNr 610r .a�n¢ian�swsirsare a nsT �D: P7Ur UaYE: a/13/pi, ^r LAKESHORE LANDING BINDING SITE PLAN .� "���"f �'—" '"'°•:•r N; a. 31955 SS956-SURv-Bcap l.Dw� ` BOEING LAKESHORE LANDING BINDING SITE PLAN 14E 1/1 & SC T-A SEC. 7. T.23N., R.5E., W.M. NIV 114 & S. VV. 1/4 SEC 8, 7.23N P.5F, W K ',;ENERAL PftO.k T DF_SCRIP ctry oF RENToN, ovNe couNry, WASHINaTON P=w PkOw (4M HORIZONTAL DA'n)M, NCNUNENTS •.A . IAILp� ZA5111L Y 'ANO 4_ NOIYUNEHIS S'o-_W1V=N;9.20A. E 1 _� TH-xN SOT: �2y no? ma.T C, _e 11. BEEN E�IARM ACIAIPIT A SVR�Y CAVERATED BASELIIE WI WE LAST TEAR. P... ce ,kv 2 a•'sxSED OR.s 10 WAC MI?- AD-= BC�N%-,C, IT IN ASIEIRL� -�l &M WA C SJ2 SO gN Sl SA10, , a�OA,D AHD rHE sl C�llrl IT (PARK AVE, US _rr. LPNF� SA�TLMNE�TEA _Y w R(m OFW _y ' D OF 80 FEET' �JmICC SJLIIEA`S =-1, ;kF RJCKLIIGLEI 10 319 -0- Iff FEET, WORE&I =. TO A t FI:. .1 1 RENt, M,� A" X SAID SEE $,,= 3 OF t 6 .11 ST I I ST. NOTES. URSUnA•T To IHE TERNS PE THE DE12ZOPNENT AGREEMENT i4kl 16-Tl LIT Tl- IX FGOT ('ML OCIT AGREE.EN7 DATED 0rCI7.BZR I, 2DM grnw£L. '-T I'D E Cr -.0 wvR.'C. ME I,_ IV, 5TREr, SHALL & DZDlCA,=D AT THE rW ROFwC SELLS THE 1AND , S EAST,I-E DR -EREC7, 15 LOCAMD, GO&F on , AIIL i I SIItTO TO�,7R, ANT SM- T LI-EC' LOCAIEP BETWEEN NE5T llS crog. Or WE NORTY LINE GFJ QGAN AND GARDEN AVENUES UAl ar REALIGNED POI 67, :",E E+"E.wa VEOVOOLT IA,5IZ-Ll AID �-40 CONS RADIALLY VAI. COAT!D F.- 5US;YATIpl - !0;57- 1D.ff 7EFT 5307RKSTTRLY, 6IEISLr'P. " VQ'y`CF'D A 2. UP_ M TIL lr� NRSCCT?OIN �'RkRX AND U,1_.A^. CE- IP L"E. DW. ME SW11�5 IRJv "5's a Na Z) TIV4 -IJANr TO TIIE -;IF�RENT AL Nt. 21, 1., mgc,, Wr+ECrTY S-ALL VACATE LAN" . """CH W OLD BrGN-11-. AT A I= IIERSEGT�ON OF � A NO COS, 70 qaF,��l 10 1OCIIIIEWC.5 WAS IOCATM AT IlU Al 11 �S TO ME CENTER LIRE Or m-Ii, OR TNr 0_}Yt Of T 2, _V W_ AS .Dw. IFD'NWTA;DIN M!TZTCD LAMP SHALL BECS&Z AmOART �LQ.T'I IN SAZJT� A25 FEET S. 'o om,c ar=A� A� Ubn ArwrST", F'r C')-, Si,� TNr E IT Sblr, GRANT EAVIICN± XI LICENSE fZMCNr AT kd'- ST AE, TEOLY AT AN ANGLE �;17� � TE AN EI'S). ALLOWU &CVhV AIIICI T� A91o�C C TD P.. TO FWT TO UK REPS FOR P�SdSl_S , , s�IN_, Lc OoI, w DO IORNm, INC AND WN 1U9I-Jc STREET USE ?rNDNO IAA- Hf-MG-5111ON a,M.5 T,,E �smvcnw ON BY TKDE�OWCIT 'r cr5CRADAEFNrxr�.tD "N. A,p END OF VES�,P� A -0 PROPER_BE IU}.CED AS BrNDmG SITE PUN DI?t ID ll'IURf- 11-T 1• r-E 1" D FEET OF TiffN�T4�ST g_x_S. OUR 'TP, DII T4E -, W.RTER OF SEc,ON V'�R AILN� C3��. IOPII, 111E - N�T`, 5- STREET AID FE-EE1 NOR RI OF T4E • 5. �TY VF ICN� �nA�T 301 ArCDIIIp, �? 1�1=0 Z A e.'0 All ANI SL� WELLS STREET NDRnl .4cArpo T'D`N 6SE-C C_' 0"ta 79'Z -S �W"�.CNT 7E,r T 1�711� 711FArOk' CONVEYED TO T,,E GI Fr w DEALS "ME IY ��AL LAIILpS AL�C 1 A`AEN� ��. .. .EC "T,, LOS— AWWC" -El- III mE� WNot N710,919D352 ,A, X ' PER f.V CO�. DIIA W SAJS-.:ORDINA� A IW A�LIE "S TZ FOOT S� 01` LANE ALQ4. �swwInmr�y �Dlc.= UNDER K� mr,, RE— NUMBER TYM17T50462. 7KE TERNS ff ME M'0YAL 1976v .` r A Zt"E"t C BEEN P,k'LLED 5r " .,�Aor AVENUELED TO 7� CIF ME 1946 ADeEEVNT I. _E WA In C,r NIT UNDER KR1C CDUNTI NuUeER FOREA5 23 79i7 POkPOSE5 cF EMICI TR4. LAND A TR� G MPAR�W= IICLUC� 1 3 1001 STRIP SII, r ry �w oe.M v�r -X TO 5.55. AU � MESE ACCE0.,X UjIr AL17C ar� r�p OR or�R.Sr CON S� W o W,Z IT,E INE 11 111,E_ MC�T I ��F, PLUA I W REII, RZFERrNCE5 I, S, ARI Y NWCD �VTS BUT � WmNfsE lAhm AS pr�, PAT A T S-1 �-R -T ME L.ATTF- VEDI3A- VA S FEET RI' 1"7.- OF LA S UOESJ'T ABUT BIT . FV[?JfS R_ EARLIER 12 FEET .4" > -s-11 BI KING C=r - FROM IgBB. N�r 11i P� 'SAID 'a.,..� qLI 1;.1 I 'CSoJ'rA' SAID F-u- Nrlll -IT IAFEI_,o nsT_r.715 rr, I FGAr DFSCRIPPQN, ofERL: To THE � NORTH IIIr SI5I�I- 5� `LET -t SAID SLaRN (PER rIlSI A.E.ICIAI .E x+SURCk 1111 TQImd.lTNE ORDER PARCEL A. 1075 1. ?. J AND 4 IAF CIT OF RENTON S.-I ILAI No. LOA CT-055-SNPL, AS RECORDED VJYMR RZCC$EDI+ NIT 2CIVI1205909034: SIFUAa 1W ME DTY OFMENrCIII. COUNTY CI` KING. III of _G - 111UL 6 THOSE Poenco,s � 5o�w r �cm , 2 ANCI 3 INC LNE 5- IT DO-1- M' SEC"_ ,D",n I " 23 � AAmX EAST. kl. L IN5 �MaLY -D ,�TIIAIES TERLY, RtSPMrvSY, w T-f NEsw.ty v -1 MARCN 01` PARK A�l DIF 43RM STrP4 , An.T Or III, _Rp OF ME "0` _ RE 9 NESTERLY D A Lwr MAT P)4RLT ,.0 HT V - MAR�V � TILE MYLTI`f MEMTOII 7M IiA�E� SAID _E DLL54RIaED IS GE( AT S TATC 6.30 o -E A -LINE IZ NPR AN SR -05, AS S.0- 01+ S,XI71 2 OIF I C0F PS4 1 (SR IC5j NCRN REIGN 5.7 D£P-,IENT OF c'j,,.c -ERPENDIC^R 7D SAID STATION, AT I POINT BN -E 500THZASTEAty 0w OF TIC 700 P?O7 MAIN TRACK LUA-04-087-GSP Wa-M-oolj y Hr. '51p, C,qAWV JY FKC,�CCPA Arrrvwx j1Y Gye I L4 PLOT DATE lw_22/m Lv -Vwf IE v il., visloli CI ra�,II7 IT 11-1 ' ' TIL �EIUY CEti -P VM 4ITAO� STRI�T. %c,It NELLS b, A- III THE PLAT OF PENTON W. ITAll' 'v 2, AS PER = R P-7 ACl 1. JJN nlAC It �'S. PAGE TYCZ SAID THinEF ISIE-L 1 17 1- II*R11 L�g OF .7fTIT 6 57,7CE7 TO 'HE 7APl T 'Aq�dV4 THE. aBANppv£U BUR' DN 70ERN 11� �rr , , 5.6 r �u Tw.?4p4N LWE lcl,c CAS7R., nL3NJ 5.,7 w PTAwT OF E.71P I IIA! ,EY£D I`C 550910C9669609t.f 09t6 nND .509;JO.". SITII+ L. A+t 11TI -11ION. COUNTYaKNI IIIJ" 5,IdI4 M'. 130EING REA 01"YOFREWON LAKESHORC LANDiNG BINDING SITE PLAN PRDjccr wi NIA 11 N A;P,'AIZ- SO 0`71 AORT 'EAST � PA K AVE N, p59,88A PARK k 2;� WEST OF PAA2,P47,731 TOIL zpa?'iIw 89 IT - LESS IRAC, 'e AREA PROPOSED AREAS EAST LOTS So rr I _ESt LIT 2- JZ3 gn_i 71, LOT 3. LOT TOTAL 21.D, -CLUMS VACATION TRACTS Nr A, V YAaTl*N WACM TRACT 14 _Cl I 291T 0.C7 TRACI . 2.622 _TRACT N DEDICATION mom -ACT 72. _CT 21 .7FA IT r G El TRACT L 7,124 R.?S E.S7. PARK W, I �Icll D,` �.l I. -CT L(NOT A PARn2.6 B. B,, C7 -9.71, _IM aw2 BOEING LAKESHORE LANDING SCALE BINDING SITS PLAN .`I .zoo 'iaG NE I -A & SE 714 SEC. 7. 7.23N., R.5E, W.M. 2?0 400 3 NtV 114 6 S.W. 7/4 SEC. 6, T?.3,N_ R5F, W.M. CITY OF RENTON, ICING COUNTY, WASMI)VOTON INCH 20c; F F!.. L2 7 AR!A T, Cl 12, so "IT A :PAR17 �E- DF-rAh- A--_ TA DE IL kr, DJErA)L -�O T 6 lk �5 R-522L62' L-0.39, -ORIOW, (DuQm'r'a-ccR)' mm, L-25CLZ�sq' 's5"Na 4e -OT2 1.144 . Sr2" 32J;76 41, L-3MI4, OT 1 4 DETAILA OT 29 5:B 1-4 .as' 6 ,6 4473 L-aO M -'3"w i TRACT P 06' LOT 6 �67 Zli, 22S 0 4139 LOT4 aW TAKE -_7- 7qe,523 50. T. LOT' UK 3.. �lry 7e! PM ACL La 17.", 12 I.I92 56"YT- -Iaww' L70 50. 0 5'�°' 72.57 AC Nr1, savvy pc sh" MIT. to miy 4 M2jr �W LX4 t-saw X —17 -IF-1. V LU -K 3 0.C..r K"1922WL12 -,,jr -ILI �751�ftMV17—- - 5592B 22'C 2 V 3257 T" sag '3E 5 f a �" ua —'51 NORTH s-rH STREET 1 (F I iT URE�- N'o;; T.'l '8 TiL-39.29' rc!uMpN�VRASS 1, X I- C- O 2.33'' '4' (D YD' JV .VASE c a., TAG' cw At 00- Mo. E=1 5010 " PIN 937YxAsrcn� IXVA832gw 7S� I--86i070 A5 SHORN- 4,0 D 5 c£N MR OF EIj02V3l.a0T0 IaM2Rory 3.Mv AS S�- W RUC 'RISTFRENCES LL)T 5RR ovE-c R4RM 39 < mm� 1,19FGI2 sq. IL '4w 27.46 odes 112513 55.83 '2 tD�'N F? S., Iff. zessaw 7 aw TRAC.TRACTQ?' . .... ..... J L,--- 976,5m N6a,w Ram, NORTH 6TH STREET LUA—o4-081-33P m 6E5?sNFn ey CIyECREP oy Cam_ 9gRl SCZING REALTY COMPANY LP��, bry FV�ClqCM APP.RGVED 6�. ayr CITY OF RENTON LAKFSHORE LANDING BINDING SITE PLAN LAS I �-,DrT. PATE TnIP2104 gy Ycv"l RE"smN CK'J App AswcTo" FILL: 'JAMC ji956 BO.ElNG LAKESHORE LANDING BINDING SITE PLAN TIA T X;�� N8' 114 &.§E. IM SEC. 7, 7.23N_ RSE.. W.M. NW S.W:714 SEC. S. T23N, R.SE.. W.M. -017Y.Or RENTCW, X(NO'COUNTY, WASHINGTON zx scALL N` 0 100 .203 300- INJ - 201' i- TRACT E - SEE DETAIL TRAC.7' R cr 1c, mRA TK j —SEE i JETA(L LA'-f F4 -E A- , 15_4 17' :4 N. 10TH ST. CL 'TRACT A_ , �:, SEE DETA(L TJ4�ACT TP4Cl_ P -�3HEEt314 T 'C L s E c� -97�Vz2_ m �R _ErT V4 (SEE uE. 'T, T" NU u F NORTH .:8 T�i. "S TRFFT) RTH BTH STREET m F N _0T F, ALL TRACTS ARE DEDICAT16N TRACTS EXCEPT TRAG-rs H, 1, K & N WHICH ARE TO,;-BE-:`VACA-tE0% AND ATTACHED TO ADJOINING LOTS e2 z . . . . . . 1.,28 xpF 1039. IP'.' NORTW87LH. STREET TRA-C T .,L 2 Q,�7� 4�;� H 17H TRACT 3 0. ST, Z c TRACT L6 NORTH L-176.j.' p W, s �w TRACT D WA-35-0013-SSP LNO-35-0013 r,;. , 1-1 rJRA— Zr: �WCICCU APPROVED .V_ ti PLO' VAT� 70/22/04 777_ R-mm, NTllz'sp 10TH S ST. - xp 146 4 14' TRACT F 4 I L J TRACT C T I 10 TH I ST. I L5 1.2- cr EXIST. PARK AVE. RIW TRACT K .01 4,f 0 f 8TH 4 T_ TRACE H..' TRACT N TRACT'S G & K 130EiNc REAL 7y COMPANY c'Ty OE"CNT"N LIXFSHORE LANDING BINDING SfTE PLAN KING PROJC`: I Nr) OHAW%i�; FkE NA4V- ;_n," 31956 31956-SURV BSPOl.D6vG 20070314001933.:: Return Address: 2�0 4001e. fJ 8 H PACIFIC AF F4GE001 OF'003 KYNG4COUNTY,WA Please print or type Wor=don WASHINGTON STATE RECORDER'S Cover Sheet {Rcw ss.o4) Document Title(s) (or transactions contained therein): (0 areas applicable to your docuument must be filled in) 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantors (Last name, first name, initials) Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1.TM Additional names on page of document" Legal description (abbreviated: i.e. lot, blook, plat or section, township, range) VM 11u - `1 V, Additional legal is on page of document: Assessor's Property Tax Parcel/Account Number ❑Assessor Tax # not yet assigned oc \cam\, F2C5�f� �-'L"�\EL3�blS�e The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accusaoy or completeness of the indexing information provided herein, k ain requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. of Requesting Party 20070314001 q'3'3. RETURN ADDRESS: W&H Pacific 3350 Monte Villa Parkway Bothell, WA 99021 AFFIDAVIT OF MINOR CORRECTION OF MAP To: King County Auditor NE 1/, SE'/4 SEC 7, T 23N, R SE, WM NE 1/4 SE '/4 SEC 8, T 23N, R 5E, WM Gov. Lot, DLC, HFS, Plat or other. I, Christopher S. Royale, being first duly swore on oath, deposes and says: That I am a Professional Land Surveyor: that 1 made a survey of laud for Boeing Lakeshore Landing Building Site Plan which document was recorded on the 23rd day of December, 2004, in book 225 page(s) 83 - 86, Recording Number 20041223000856, Records of King County auditors Office, Seattle, Washington, said document being a Binding Site Plan (Record of Survey, Plat, Short Plat, Binding Site Plan, 13 oundary Line Adjustment, Condominium, Large Lot Division). That there being a minor survey, spelling, mathematical or dra fing crror, or omitted signature which does not in any way materially subvert the approval o€the original document by changing lot areas so as to affect zoning approvals, easement conditions of approval or access roadways, the afliant approves the following chatrges to the aforementioned recordings as follows: To Wit: 1) Sheet 2 - Note 5: 121h Line should read "Re -Recording of 1976 Agreement". 2) Sheet 3 -Monument in case at N. 8'h Stand Garden Ave. N.: a. Change coordinate to N 183798.226 E 1302863.410 b. Remove "As Shotivn on Ref. 1" 3) Sheet 3 - 1/4 Section Corner Monument Near Intersection Future N. 8u' St. and Future Logan Ave. N.: Change coordinate to N 18347.4789 E 1300946.5866 4) Sheet 3 - South Line Lot 3: Remove 9.1' dimension between new and old R/W lines. 5) Sheet 3 - South Line Lot 4: Remove 9.43' dimension between section line and south lot line 6) Sheet 3 — West Line Lot 3: Line no. 3 bearing should be N 00°56142"E. 7) Sheet 4 — Detail for Tract D: Radius for easterly curve on south side tract D should be 560.50'. 20070314001 9�1_ Profes anal Land Survexce SURVEYOR SEAL License Number STATE OF WASHINGTON, ) County of KING On this day parsonally appeared befora we to be known to be the individuallcorporation described in and who executed the wit yin and foregoing instrument and acknowledged to me that (he/she) signed the same (hislher) free and voluntary act and deed for the purposes therein mentioned. Given under my hand and official seal this __..: day of 1 Gp Notary Public Seal Notary Public in and for the Stater of Washington Residing at � / d 142�i� � Lip G NOTE: Country Auditor Office, Provide one copy per "WAC 332-130-050{3Xe)" to the Wash. State Dept, of Natural Resources, Public Land Survey Office, P.O. Box 47060, Olympia, Wa. 98504-7060 DOCUMENT-.TITLE°Dee-1aration 6f Covenants -Conditions, Easements and Restrictions REFERENCE NV1 BERS 4E RELATED" DOCUMENTS: GRANTOR/BORROWER:..' The Boeing Company . GRANTEEIASSIGNEEIRENEFICIARY' LEGAL DESCRIPTION: (Burdened Proi erty)Lots 14', Boeii g,-Lakeshore Landing, BSP 2004122-OQ085.6, as more fdhl ',described in'Exhibit A beginning on page 12 of this Declaration A legal description of.,the bsnefited propertybegins on, page 13 of this Declaration ASSES$OXS PARCEL NO(S). 082305-9220=05,.,09365-92'21 4*;.082..�05-901l-08:. 082305- }222-0.j; 08-305479-07; 082305-9204-05; 082305-9.037-08;A8239s.-9152:b7,' Kin C u4R DiM Sion Depuly I Si AM—S Renton Lakeshore Landing CCRs (Closing) 20041226 Page 1 of 15: DECEARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS MS...'DEC ARATION OF COVENANTS,� CONDITIONS, EASEMENTS, AND RESTRICI'IQI�tS (hereiafter szferied to as the "Declaration") is made, granted, declared, established aria reserved this 28th dayof December, 2004. V�HER ASS` Thy Boeing C-binpany, a D61aware corporation (hereinafter referred to as "Declarant'lis tlie'owr r of cerfain'real property �agally described on Exhibit A attached hereto and made a part:hereof {tide "P operty„); WHEREAS, th6 DecIarant also Qwns..-' substantial property; in the general area of the Property, described in Exhibit B.{the :"Retained Property"), which. is affected by operations at the Property; and WHEREAS, the Declarant u�4shes to insure tl & .the ,.6se-:of....1he Property does not adversely affect the use of the Retained Property`and_ permits the." o4vner of ihp, Retained:,Property to use ancl-enjoy; the Retained Property. NOW ..,THEREFORE, in consideration of th6::,benefits to -.-be.: deri.J�edd'hereunder, the Declarant hereby makes, grants, declares and establishes this Declaration: 1. :DEFINITIONS AND PURPOSE. a:•.• '` Pam. As used herein, the term "Project" shall mean the -development of the Property, the Beta ned.:Property or any part thereof, the redevelopment of the Property, ttie_.Retaitied .:Property; or - any .part thereof, or the use of the Property, the Retained Property,: or 26y part thereof. b. Intentionally Qrnitteci. c. Road and Street"` Des' nations. Designations of roads and streets in this Declaration shall be deemed to' apply10 the streets referred to herein as designated and laid out on the date hereof;, provided thatA.his, beelaration `shall continue to apply to said streets and roads if called by a different"name at any -time it ..the :future and/or if aligned differently in the future from their aligr"enf on the... date:. hereof. d. Improvements shall mean and refer::io all structures,, imp rovernerrts, equipment, fixtures, objects used for decorative or incidenW,.p'urposesj and construction of -.any kind on any Lot whether above or below the land surface, whether,.:p'6rmariapt" or..'temporary, including without limitation, Buildings, utility lines," driveway, pav i, pafidi a areas; . pathways, fences, screening walls, retaining walls, plantings; planted ;trees° and shrubs, Renton Lakeshore Landing CCRs (Closing) 20041226 Page 2 of 15 irrigation and drainage pipes and fixtures, catch basins or other devices for the collection and/or detention of stormwater runoff, lighting fixtures and signs. 6,: Occupant shall mean and refer to, collectively, the Owner and any other Person rso or Persoris entitled, by ownership, leasehold interest or other legal relationship, to the right to occupy all pyAn. y portion of the Property. ..:Owner,shall meal i and refer to the Person or Persons holding record fee title to the I-rQ6 "Y (iricllidin,�:rp as . 'appheable, Declarant, but excluding any Person holding such interest rnerey as security %or the'.- performance:,_of an obligation), and their respective heirs, sdcc6ss&s:.an'd aqsigps. g. Tersari shall mean and refer,to. a"n.y individual, partnership, corporation, trust, estate or other legal entity. h. Lot shall mean and refer to any.legal lot into which .be , -opert Pi y or any part of it has on the date hereof or shall her&after be di -Vide#. 2. TERM. wo. The. restrictions declared, rcscrVe,d,-., grapted and :'estab!f8hcd.he&by 0alf continue in full force and effect for as long as any portion of tfi'e ow: ne8, occupied, or used by (a)._-T-4e Bbeing Company, or (b) any -. -ihe Boeing Company, of(c).:-any'. orporation, business, or other entity that is contrrbiled..-6or P y u6der common control with Th6 Boeing Company or (d) any corporate, busines&,_or... other,e'ntity that supplies The.: Boeing Qo,mp4niy off, any entity identified in clause (b) or goods or services in support;6f the avi40 cm industry, including the business of dcsignidesigning,prp'ducfng, maintaining, . repairing, -or modifying aircraft or spacecraft. This Declaration may be, teriiiihated or modified on] with the c.6np-6nt cd T y He 136eing-Company or the parties referred to in clauses (b), (c), or (d) if they art,the'owiier or oq&up#M of the Retained Property, 3. COVENANTS, CONbITIONS;�. AND RESTRICTIONS The Declarant hereby covenants: -that..the Property yvill "be used by Declarant and by all of its successors in title to the Prop6rty, and by all obcupnts.-of:the.-,Property in compliance with and subject to the following-, 3.1, Permitted Purposes; Prohibition of Certain U56 S. :The Prop6r.ty shall be used solely for purposes permitted by the . Development Agreement"for Renton Plant Development dated November 24, 2003 d,5' . ithiay.-be at�en�ed-�-irom"fi ti he . . . . County; Irne 0 me, t "Development Agreement"), recorded in the records of Kifig 'Courtity-,`Washinawn under re/cording no. 20031210001637, unless otherwise agried-in writin&by th6.Dec)4rafi , t The 0 7. .. % .. , Declarant may prohibit any other use, even if such use igperrnitfed under; .orwould be"..,.-"- Co�e or -use allowed as a nonconforming use under, the City of Renton Zoning: regulations as in effect on the date of this Declaration or as they ml� be an-ioindeid at"an-y- Renton Lakeshore Landing OCRs (Closing) 20041226 Page 3 of 15 time hereafter, PROVIDED that the Declarant shall not object to any first-class institutional quality mixed use devel opment project comprised of residential, retail, office, hotel, and/or commercial uses. ...Withoat limiting the generality of the foregoing, under no circumstances shall the Prbperty be.used in any way fur or in connection with (a) the sale, distribution, or display of p9oggi-aphic 1`obscene,- or so-called "adult" literature, periodicals, movies, videos, -a� _ Pictqr�§,p].i.9togr hs,or the like PROVIDED HOWEVER that nothing herein shall h' Borders; Bames. &Noble, Blockbuster, or Walgreens who may sell prqhi�jt u..sers..suc ' :a '.s, o 'diitrib�te, one are more af. s.uA prod&= as an ancillary part of its primary business; r 6n the. pi6,sdntatibn.6f' so -culled "adult" entertainment (c) the operation of a strip club, gentle"rnen's chib, of an.ii4hshmeiit prbvf'ding entertainment in the form of table or lap dancing:brkd� the...' sale,�'distrjbution� or . display of drug paraphernalia. The Property shall be, kept and maintained in a firs,t-cWs manner.,,_ Without lim . idng�e generalitythe . fprpgoi '. fi.g, thefp%iowing uses are expressly prohibited on th6vroertry: (1) hospitals:, 01. (2) schools, cx:'ftpt..thait�;:post-secondaryvw�tio'nal,,.fradc', professional, and technical educational instituti6ns.-shall be, llowid,, (3) residential uses and pre-sec:on&rY` scho6t.day eare facilities b --'he ground Are p.f.. hibited entirely on Lot 1; residential uses are prohibitedon t level .'or..beJow property rt' PROVIDED ground level on Lots 2,3, and of the �ape.,� ermi THAT development of residential units at grade level will b6-p. tted if the Qwt'icr W6§-:cons.truction methods that will prevent any indoor air migration of ::rnaterials th& may adversely affect human health (such rflethods to include, by Way of example but not limitation, installation of adequate vapor barrier and passive or acti-vo ventilation -systerns). men's clubs;.:- (5) trailer,i-oufis without Declarant's prior written approval; (6) distillation of boyfes;.:' (7) junk or saliiage yards,.Qr dufnpi'ng,'4isp6saI inr#eration or reduction of garbage, sewage offal, dead ardmaig'"or r6'fusb; (8) rendering of fat or animal. tissues;' (9) stockyard or slaughter of animals;: Renton Lakeshore Landing CCRs (Closing) 20041226 Page 4 of 15 (10) refining of petroleum or its products-, (11) smelting of ores; (12) raising or boarding of animals, except for animals kept within a Building and necessary for onsite laboratory or research purposes, except for retailers such as Pets:mart. or Petco that may board animals as an ancillary part of . thai -businqsses•;` (1 3).rptai I or Aelesale by any automobile, truck, camper or mobile h,6mq•-,dealtms] ips hayihg ,putside storage and inventory; (14) open - cross -dock truck terminals without Declarant's prior written a0pro-Val (15)" any other,6se that is I i-=rd6us- io any Ut(s) on the Property " or the Retained Pjoperty..6r cpntiguopi properties by reason of fumes, dust, noise, electromagnetic or nucll6ar Tadia or?"-, thermA`p91luti6n, 4qqjd or solid waste pollution, or particular dar&'er of fire:,_Qr..PXpIosion;.-.: 3.2;:.. Design Standards. In coh-neq�-oh With the initial,.deVeIM: rn q-n '"t 4:rid arP .. constructi on of any Tmprovements on the Property or the'coristru"ction_ of any material alterations, re,novations--br additions to any Improvements on the Propie7ity, :-br any rn-aten'.al r6development of the Pioperry, BOyer covenants that (i) Buyer shall utilize the services of a dfily licehsed architeotuial firm crerienced in the design of retail shopping centers ind:'mLxed-lise doe,lopaentg'and:(ii.).th-ii'thp exterior elevations and design of all bull-ififig.linpr6vements and exterior sigfiageJigfiting, landscaping and screening will provide for a levdl.of materials, quality and T)ar�* to. n -4ppt-aranc c - P: 9m, pther high quality retail shopping center/ rnixe�d-use projects, taking ': into-aecoufit t4e indorpoiration- of -tenants' or operators' prototypical architectural design features. 3.3. Declarant.o` be HgOd Html - ess froth Construction Costs, Mitigation Costs, etc. in Connection wiih Devel6ment of the: Proper: The owner or owners of all or any portion of the Property shAT1'r'ekase'thq---bwn&r ot'owners of all or any portion of the Retained Property frwil-'and sh-all indcinnify. and held Harmless the owner or owners of all ,::. !" - - :d i . - or any portion of the Retaiij c-d Properiy fr 'om an :against any... and all construction costs, fees, or charges associated with the devel'oprpen.for redevelooffi&nt of all or any portion of the Property, whether such obfigatiofi'takes the f6rm.6f construction of public or private improvements, the payment of initi"ga.tion ' Or jmp: actl�e'es or,,ihe,payjrent of assessments levied by any improvement district formed to'finince'th,6'constiiagtion of any such improvements. The owner or owners of all any portion, , , pi 9 , etainad Property shall release the owner or owners of all or any porti:6n.-6f th.e PrOperty-.fr6rh and shall.%., - indemnify and hold harmless the owner or owners of all or-any'portion of-thc;�Prb perty from and against any and all construction costs, fees, or cha?g'cis associated with the development or redevelopment of all or any portion of the Retai nm Property; —whether.': Renton Lakeshore Landing CCRs (Closing) 20041226 Page 5 of 15 such obligation takes the form of construction of public or private improvements, the payment of mitigation or impact fees or the payment of assessments levied by any or 4mprovement district formed to finance the construction of any such improvements. .�A. Use of Groundwater. No Owner, occupant, tenant, or other person on the Property shall..withdraw or use groundwater on or under the Property for any purpose other Char 'environmental testing, monitoring or remediation. 3.5 Covenant Iot'to Ob,Tet to Ar�Deveiopment on or Use of the Retained Propertx. Tlie owner of .'the Property small riot ob�ct-to any governmental agency with respect to any "Exdi n•pted DevplopmenC" on afl1 o.r,any portion of the Retained Property, except to the extent that.(J) such davelopmen� redevelopment, proposal, plan or agreement would require ihe.paymmt by"said :ownedmitigation costs in connection therewith or (2) such development, redevelopment, proposal, plan or agreement )yould contravene items 3.1(4) through {15} or (3) such develppmei�t, rdde�+elopirrent, proposal, plan or agreement provides for low income.:or subsidized housing or (4) suck4ekelopment, redevelopment, proposal, plan or agreeri ertt contravet es the. DeVelopmeht:Agreement as it may be amended from time to time. "F:err7F.ptec Developrrienc. means and. development or redevelopment on, or proposal, plan, ar agl Bement foi any portion of -the Retained Prooerty that is owned, occupied, or used by [a) The Boeing'Cornpany _ or (b) any direct or;.indiredt subsidiary of The Boeing Coinp-or... e) any corporation, business; or other entity that is controlled by or under common contt'ol with"The Boeing Cotiipariy or (d) ;any corporate, business, or other entity that suppli6S_`t'he: Boeing :Company or any entity idea ified in clause (b) or (c) with goods or services in support of the avratipn industry, including the. -.business of designing, producing, maintaining; repairing; or modifying A rcrafvor spacecraft" 3.6. R. iglus regardinojest Wells; Easement regarding Environmental Matters. The I)Oclarant.Oall have a. nonexclusive easement to enter the Property for the purpose 6f obtaii)ing"readings-.from monitoring wells as shown on the Plan attached hereto and taking samples.from" such wells and for the maintenance, repair, replacement, renewal, decommissigning, and closing ofch su. wells. Such easement shall terminate after the Washingtori�. State'pepartmerit of _:'Ecology ("DOE") and the United States Environmental Protection Agency ("USEPA") .. remove all requirements for the continuation of such monitoring:. Upon` the. retnoVal` ''of,. such requirements, the Declarant, at no expense to the. owner•'at the.:tirno..of the:,Pmperty, shall close and decommission all such test wells --in accordance with applicable regulations, and upon such wells being so decommissioned, such easemer t shall terffrinate: While the wells are located on the Property, they shall be maintained in a.'good state cif.repiair and operation in accordance with applicable legal requiremef4A by.-Ihe.:=Dec)arant: at no-exponse to the Owner of the Property. Upon request by the owner.. of: the Property, tl e:Jjecl�rgnt shall provide the logs for such wells at no charge. The owner bf: the --property rl�all=;:rtiof .. construct any improvements nor allow the construction of'Any iri provernerits (other...than parking area curbs and paving and drainage/landscaping benns)',:within ftve..-(5).jeet of Renton Lakeshore Landing OCRs (Closing) 20041226 Page 6 of 15 any of the wells shown on the Plan. The Declarant shall provide the owner of the Property with copies of all reports provided to the DOE and/or USEPA with respect to Bitch wells and monitoring activities and copies of any written communications received by the Declarant from DOE, USEPA or any other governmental authority over such wells .,.(as the :case may be, an "Environmental Authority") with respect to such wells or test results; If.an.-Environmental Authority orders, or indicates in writing that it may order, the iiistalIation ofadditional -monitoring wells on the Property, the Declarant shall give the .6wner of:..the .�Prop,6 ty written notice thereof as soon thereafter as is reasonably ' possible. ; So Long;: as the proposed -,locations of such additional wells and the manner of tlleir installation shall not t>iirzasonabiy interfere with either the business operations on tfie Property° or title pilanned':developf eqi orredevelopment of the Property, the owner or owner's. of thePioperty shalf not unieas6ha6ly withhold consent to the installation of such additional,vvells. Not*ithstanding.;the foregoing, if the owner or owners of the Property reasonably believes ;.Chat the location of such additional wells will interfere with either said owner's business operations orr the Property, or.` the planned development or redevelopment of the Properly, _ said` owner reserves the: right to contest the particular location of any such wells,. an&with respecf to: such contest, the owner or owners of the Property shall hold the Declarant:: free and ham less. -with" respect thereto. Such contest shall:..be conducted by advising' Che Declarant of such abjeeti.ons: The Declarant Lots shall provide such objections to the Environrriental Authority and the Declarant and the owner or:owners of the Property shall bo:.entitl'ed;io provide•cep.e�ent4ivgs wf o shall be present. wh6lin such objections are discussed with:"the.'En-ironmental Authority. Upon the -installation of such additional wells, the Plan shall..be atriended.:to indica-te their locations by,. -an amendment to this Declaration that shall be recorded in.'th� Records and the easement reserved to the Declarant pursuant to this paragraph -,shall be dee_ med to apply to such 9dditienal,W611s, Both the 'beclarant and the "DOE" may enter the Property for the purpose of investigating Qr remediating,any hazardous substance or dangerous waste (as such terms are used in app]icablo.)aw) or other substance regulated or governed by any law related to the protection of the:re.nvironrnent or of human health, which substance is discovered after the data hereof to, exist orx-or below the surface of the Property, or migrating on or below the surface kthe P>'opety, as the .result of.prior operations by Declarant on or in the vicinity of the Property, PROVIDED that aiiy damage to improvements on the Property caused by Declarant in.. conducting such ihvestigati&h and re ,mediation efforts shall be repaired by Declarant at` its -'sole cost and"expense, arid" PROVIDED FURTHER that the foregoing does not apply to claims against DOE, which claims -the owner of the Property shall pursue against DOE directly:.., 4. ENFORCEMENT AND OTHER MATTERS. Thd' Declarant _shall have.. the right to enforce this Declaration by obtaining injunctive relief,and/or by other lawful means:. However, Declarant shall not have any lien rights (other than as a judgment tiencir;ln coriseuerce of a suit or action to enforce Declarant's rights hereunder) or security interests in 'and to :the Pr. perty„ arising from the provisions of this Declaration, or any breach tli6reof ,or ot?1ei�vise .pursuant to any applicable laws in connection with the enforcement of this Declaration. Renton Lakeshore landing CCRs (Closing) 20041226 Page 7 of 15 .4_1 Constructive Notice and Acceptance Every Person who now or hereafter owns or acquires any right, title or interest in or to. any portion of the Property is and shall be conclusively deemed to have consented d an agreed: to qyery-.qovenant, condition, restriction and provision contained in this Declaration, Aeth6ir.-br not afty..refereqce'to this Declaration is contained in the, instrument by which guch� Pirson:acquir6d an.ifiteresfin the Property. Pagl_t's Rights Uiicler. Other Dwj#nents ...Nothing her6in contained shall prejudice or diminish in any way Declarant's rights under any other do6um6nts that hav6 he6h.ror that may be subsequently recorded against all or any portions of the.-P'ropff-Fty. 4.3 Notices Except as otherwise expressly provided in 'this beclaratioq or required by law, all notices, consents, requests, demands, approvals, 'authoti " zatIons," andothqr communications pr&vid . bd for herein shall be in writing and shall - Ede &emed to':'havebeen'duly giveA . if and tes when personally served or seventy-two (7-2).hQ4rs after.being Y"United S ta first .61ass t a mil, postage prepaid, to the Owner of the Pr6pery afthe)�Tqpert �Ln&to the . ':. .. I, .. Property.:and. I Dechiraiit at Boeing Realty Corporation, 22833 S.Ez�-Black Nug&t Road; MC 7W-60, 1"iquA, WA 98027,Atitention: Vice President Devel::opM ehf, Phohe No. 425-373-7 5 50. : With respect to (i) any such notice, consent, request, deni�uad,apprOval, authbrizatfon'or conuniinication and (ii) any document or instrument given or made available t ' 6 any-dv.vner.hereunder and which might concern an Occupant of such Owners' LQt� A. shall bq:the 8ole.tespo-Mibrility of such Owner (but in no event the responsibility of the Decl6 , rant)..tinak.6,a'6opy ther6of available in a timely manner to such Occupant. Nov 4-4 aiv The failure to enforce any provision of thisi Declaration shall not constitute a waiver of the right to thereaftei-qnforO'such provisio'n of the right. to enforce any other provision hereof. 4.5 Effect of Invalidation Each covenant, condition and restriction of this�-Declara6on.:is..ititended-to be, and shall be. construed as, independent and severable-from'oach other c6yenant;-condition and restriction- If any covenant, condition or restriction 4 this Declaration . is'held .be iinvalid by any court, the invalidity of such covenant, condition orrOstridtiio:'n sh:'all"not affoit th'6':`' ............ validity of the remaining covenants, conditions and Renton Lakeshore Landing CCRs (Closing) 20041226 Page 8 of 15 4.6 No Discriminatory Restrictions No Owner or Occupant shall execute or cause to he recorded any instrument that imposes a restriction upon the sale, leasing, or occupancy of his Lot on the basis of race, sex, .non tal status, national ancestry, color or religion. 4,7 Ct mulati f. Reme�ies_..., Each remedy provided -for in this Declaration shall be cumulative and not exclusive. Ttie failure to.exercise,any rei'nedy provided -for in this Declaration shall not constitute a waiver of such remedy or of' -any other"rein y provided herein or therein. 4.8 Attorieys',Eees.and Cbsts If any Person: commences litigation foi the'}udiciai ir#terpretation or enforcement hereof, or for damages for th e .breach hereof the -prevailing party shall be entitled to its reasonable attorneys' fees andcourt ar d.other--costs incumd: 4.9 Estoppel Certificates At` any time and from time to time`wjthin twenty.:(20) days .after wvi itte"i notice or request,by an-Dwner, Declarant at no cost or expense to the`requesting party:;shabi execute and deliver to:any mortgagee, ground lessee or purchaser of the Property a statement certifying that -'this Declaration is unmodified and in full force and effect or if there have been mgdifications that it is in full force and effect as modified'iifthe m ntt i specified in tlfe statement and-that.among other things reasonably requested the '- ekists.-no default under thi.4- Declaration other tft�n as may be specified therein. If Declarant fails Co deliver any such statement withintwenty (20) days after written notice or request by an Owner, and if Declarant further fails w:deli-ver such statement within ten (1.0) days after a second written request from an O3kner,:•(which second written request shall specifically refer to the deemed estoppel under this senichce},then it shall;be conclusively deemed that there exists no default under this Mclaration on the par[+)f.sa d dwner. 5. GENERAL PROVISIONS:.. a. Runs with Land. The burden and benefits of the -'cove-nants, conditions, easements and restrictions contained herein. with respect to the •Property; `shall nun with the land described in Exhibit A . The burdibs and: benefits of the covenants, conditions, easements, and restrictions contained herein With e' spect tei tilt✓ Reiained.Property, shall run with fire ]and described in Exhibit S, PROVIDEI) that for sit 16ng as The Boeing Company is the owner of any part of the Retained Property, Tho-IBoeingJ. ompany. shall have the sole right to amend, modify, and enforce this Declaration,' Renton Lakeshore Landing CCRs (Closing) 20041226 Page 9 of 15 b. Headings. Paragraph, Section and Article headings, where used in this Declaration, are inserted for convenience only and are not intended to be a part hereof or in any way to define, limit or describe the scope and intent of the particular provisions to which they refer. ted and enforced pursuant to the laws of .,C" Law. This Declaration shall be interpreted reference to its choice of law rules, the State o,fWashington, without r��fei exabilit' J,.Zany term or provision of this Declaration or the application an -fumsta=,,s shall to any extent be invalid and unenforceable, thq�eof to:." y. er$ori or ci.r, the rimafndeD of 5:..cc] arutiori or the application of such term or provision to persons ..r' 6r circuriista :: nces 'Othi& thait those as--to,W�hibh it is invalid or unenforceable, shall not be terra and 1 affecfb4 thereby, and ea6 pr6vis'on of this Declaration shall be valid and shall be enfoibedlb the :exteirt permittedby law. e, Construction: Thi's Dr,-clar.atiory'shalt'b6---liberally .j-,Oilstrued in order to effectuate its purposes. f. Singular Includes Plural.. Whe6eve.r the c6ftt,6xt.--;6f this Declaration requires, the singular shall include the plural, . Artaviceversa, and time masculine �culbie;shall include the feminine and the neuter, and vice versa. iN wrrN'F-SS WHEREOF, Declarant has duly,--executcd this Declaration a� of the day and year first hreinabove set forth. THE BOEING CQM. PIANY.' By: Colette M. Tem;nink - Title: Authorized Signatory :m Renton Lakeshore Landing CORs (Closing) 20041226 Page 10 of 15 STATE OF WASHINGTON } ... } ss. COUNTY OF KING } I• `certify` that I lcoow. or have satisfactory evidence that the person appearing before me aiid'maki�ng this ackn` wledbment is the person whose true signature appears on this :document,:` 0ft-t its Z7th day of D6ce,mber 2004 .before me personally appeared Colette M. Ternmint-,`'to ne -known to b. the-:kuthorized Signatory of the corporation that executed the withiti"and iore&inginstrqpe-hi,"and acknowledged the said instrument to be the free and voluntary act attd deed of said;corporation, for the uses and purposes therein mentioned, and on oath stated that fie. u+as at3thor zed to execute said.. instrunient;-and that the seal affixed, if any, is the corporate seal of said 'corporation.. WITNESS my hand and official s6al hereto affixed the, day and year first above written. NotaryPublic in d Eon tie State of Washington \0Nr4-J; G Residing at ; g piAF1Y p +A My commission expires:` j .. ,jrn - o f : a PU130: [Type or Print Notary Name] — rf Renton Lakeshore Landing CCRs (Closing) 20041226 Page 11 of 15 EXHIBIT B T.EGAL DESCRIPTION Of Retained Property ParceE 7�23000105 1-2 C&RENTON FARM ACREAGE ADDALL LOTS 1 & 2 BLK 4 TGW VACALLEY ADJ TGW ALL ,:LOTS 1 THRU 513LK 3 OF mSD PLAT t6T W VAC N 7TH ST(CALIFORNIA AVE) & VAC ALLEY ADJTGW POFt OF NW.114 OF SW 1/4 OFSEC 8-23-5 DAF - E 100 FT LY N OF CIL OF SD N 7TH ST PROJ WLYLESS 14 601= C THQF & LESS W •10 FTOF POR LY SLY OF N 300 FT THOFALSO LESS POR OESC UNDER AUDITQIk, FILE #3325�35 - T�iN POR OF SDNW 1/4 OF SW 1/4 DAF - E 100 LY SOF C/L.-OF SD N..?TH ST PR.OJ WLY- LtSS $.alS,fT�THOF & LESS W 10 FT THOF (AKA LOT 2 OF RENTON LLAIII-86 REC-48 11160661) - TGWPCL A.DF RENTON SHORT PLAT #93-89REC #8911149006 SO. SHgFRT PLAT i" AF -;POR OF SQ NW 114 OF SW 1/4BAAP OF INTSN OF NLY LN OF SDSUBD WITH TILY PRODUCTION OFWL*MdN OF PARK AVE N TH SLY ALG SD MGN AS PRODUCED TAP WCH I$. 715TTN OF SLY L.N Or SD SUBD & THE T,POBTH W PLT & DIST OF 715 FT N OF SLN OF SO SUBD TD NLY PROD OF C/L OF`PELLY AVE (14kLLY ST) TH SLYALG SD PRODUCED CIL TAP ON NLYMG-N OF'N 6TH ST (.6TH AVE N) WCH S 36 FT N OF C/L OF SD N 6TH ST TH ELY ALG SO NLY MGNTO WLY MGN OF SD PARK AVE N Tl NLY ALC SO WILY MGN TO TPOS LESSS 185 FT OF E 107.50 FT LESS RD Parcel: 7223000115 3-4-5 4RENT6N.FARM ACREAGE ADD Parcel: 7564600055-. 1 THRU-A2 1 &SARTORISVILLE ADDLOTS 1 & 2 OF RENTON,SHORT .PLAT#2$2-79 REC #790710900i TOW LOTS 1 THRU 8 OF BLK 1 SO SARTORISVILLj ADD L)=SS sT TGW.W 83.5 FT OF LOT ! 1 SQ.i3LK.-LESS N20 FT & TGW W $3.5 FT OF LOT 12 IN S6,BLk—TGW LOTS 1.TN�iU 131N BLK.-`11 OF RENTON FARM PLATLE55 5T SD SHORT PLAT DAF �ILflTS:9-10 1#�12•BLK 1 SD SAATORISVIL,LE ADD LESS. W 83.80 FT LOT 12 AND LESS W 83.80 FTO. S 34 FT LOT 11 Parcel: 7224000$80; 10 THRU 17 1011ENTON'FARM PLATLESS E 90 FT OF FOLG N 30 FT LOT10 & LOTS 11 THRU 13 LESS STP.T•GW PbR VACALLEY ADJOINING Parcel: 08230591 52 082305 152BET AT.,NXN OF.-N LN OF NW 114 OFSW 114 WITH W LN OF PARK ST TH STD PT 715 FT N OF S LN OF SUBD71-1 WY TQ N PFAOD OF;.C/L OF:IIEL, Y ST THS TO PT 660 FT N OF S LN OF SUBDTH W TO PT 586 FT E OF NP R/W TOWN N 'PRQO-QF MAIN ST CIL TH S 630 FT TH W TO E LN OF NP RIWBELT LN TH N xO 14 OCOF S.0130 THE.TO BEQ LESS RD Parcel: 0823059209 PARCEL B OF CITY OF RENTONSHORT PLAtNQ�93-89 RECOFIDING�40 8911149006 SD SHORT PLAT DAF - POR OF NW 1/4 OF SW 114 -BAAP OF INTSN•OF. NLY LN Otir SD.SUBWITH NLY PRODUCTION OF WLY MGNOF PARK AVE.N TH SLY ALG SD MGN AS PRODUCED TAP WCH IS 715 FT NOF SLY LN OF SD SUBD & THE TPOBTH W PLT & DIST OF '715 FT N OF_SLN OF SO SUBD TO NLY PROD OF C/L OF PELLY AVE N PEL.LY ST:TH SLYALG $D FRODUCED.,C/L TAP ON NLYMGN OF N 6TH ST 6TH AVE N WCHIS 30 FT N OF�CIL OF. SO N 6TH ST TH ELY ALG SO NLY MGNTO WLY MGN OF SD PARK AVE N THNLY ALG SD WLY: MGN TO TPQ.B LESS$ 185 FT�OF E 107.50 FT LESS RD Renton Lakeshore Landing OCRs (Closing) 20041226 Page 13 of 15 Parcil: 0823059019 082305 19PORTION OF NW 1/4 OF SW 114 -BEGIN INTSN OF W LINE OF PARK STWITH THE N LINE OF SIXTH AVE N TH N ALONG SAID W LINE 185 FTTH WEST 107.50 FEETTH SOUTH 185 F.EtETTH']5:AST 107.50 FT TO POB LESS PORTION TO CITY OF RENTONUNDER RECORDING NO 7206090448 &NO 9406070574 Phrc4.08230541 87 6823.65 1071304 OF'd6V,.LOT 1 IN NW 1/4 OFSEC 08-23-05 TGW POR OFLAKE WASH SHORE .. I ::LANDS j3Ed Nt COR OF GOV HOT 1 THN 813-51-05 W ALG N LNOF GOV LOT 1 & ALG WLY PRODOF SD LN N 960-.01. FT'M/I;-:T.b WLY MGN OF AS AN DONE DBURLINGTO N NORTHERN "RAILWAY AAAFTH._.COI4*G N 96-51-05 W 7611.29-FTM/L TO EXISTING CONCRETE MONUMENT SO MONUMENT:; 3014GAN AN LE PO114T.QN'NLY .LN,:OFSHUFFLETON STEAM PLANT PROPERTYTH N 43-0646'�. 68600, FT WL'O INNER HAR.130 . R.Lk:.C)F LAKEWASKINGTON SHORE LANDS THS 46-52-27 W 607.89 FT THS 43-06,66, E717.73.FT -1170 TPOB TH S 14-36-26 E 741.50 FTTAP ON NWLY MGN OF ABANQONq6BUI1LIN0TON:NORT ' HEFtN'4AILWAY RAVTH S 50-51-48 W ALG SD ABANDONED R*1"29.3Z:FTTH N 20-38-24 W-10"I FTTH N 46-53-04 E 215 Fmi S 43-06-% E TO TPOB PER CITY OF RENTON LOT.LINE..-ADJN0 004-88 RECORDING `NO8808309006 Parcel: 0823059204 082305 204POR BN RR 100 FT FVW IN GLI -2-NW.114 OF $W 114:6F8-23-5 & IN GL 1 & 2 OF 7- 23-5 ALL LY BTWN PROD OF N 046'THAVEN.& LN.LE'XT:ND SEL4k.-RADIALLYTO, TRACK CIL FR SUR STN 1068+00& LY SELY OF LN BAAP.25 FT SELY AT*A:,FR S'D STN.TH STRAIGHT Q.,.TH' SWLYTAP 25 FT NWLY MEAS FR SELY RMLN AT-SUR STN.1-074,4-0 Y TAPON' NWLY PJw LN & SELY--OP-SPUR TR STN 8+85.5 &TERM Parcel: 0823059037,:. 082305 37N630FT OFS660 FT OF NW 114 OFSW 114LY-BET ."CTA LKSOF PELLYAVg-"& MAIN ST PROD Parcel: 0723059001 072305 j!tR.OJF E1/2 OFS ' EC 7-23-05 LYELY OF CWW #2 & NLY OF N[L:,j' )TH STIN SE 114 OF SEC LESS NP R/W LESS Sf TGW;'VAC LOGAN ST LYNWLY OF LN 30 FT NWLY 6.,.0 G,OVMDR LN TGW 2ND CL §tf,Ws ADjSUB4.TO'rW0 20 FT R1W ESMTS & POR OF SE 1/4 OF SE.J/4 OF SECBEG NXN:S MGN OF,,'N OTH ST WITHW MGN LOGAN AVE TH SLY ALG SDST 995.34 FT TH S 89-18-45 W TO ELY.MqN-CWW4Z'TH h ALG SDUGNTO S MGN N 6TH ST TH ETOBEG LESS BEG NWCOR THOF THSELY ALG WLY.tN 32&7'5 FT TH N 89-45-45 E 366.34 FT TH N00-14-15 W TO S MGN N am STTH W TO OEG'LE,§S I ' 37;70 FT-THOPTGW PORS OF NW 1/4 SEC 08-23-05 & SE 114 SEC 06- 23-05 & SW 1/4SEC. 05-23-0.5�L,y NWILY bF 14P FVW& SWLY OF LN BEG NXN WLY EXT or-N LN Or- GIL I WITH W MGN SO RfW TH W 763.39 FT TH N43-06!,56 W 680.06 FT M/L TOINNER HARBOR LN TH S 46-62-27 WALG SD LN 607.89 FT TO TPOB TH S.-4,06-56 E 713.87 FT TH S46-53-04 W 215 FT TH S20-38-24 W TO NWLY M6 - N S&NP-:R/W §URj TO SD 20 FT. ESMTS LESS BIN OPER STRIP ADJPOR OF SELY LN IN SO SEC 08-23.05usg ST RD #7 TGW, VAC LOGAN STLY NLY OF SPUR TRACKS TGW BLK C LK WASH:SH:,Lb`S 3-RD §uPP"L Parcel: 0723059046 072305 46BEG AT NXN OF S MGN OF 6TH AVE,`hWITH E MG . N OF COM WW4 2 TH S13-29-00 E ALG SO E MGN 328.75 FT TH N 89-45-45 E PLL]TO.,& 3.20 FTS 00 6TH '*AVE N-366-34 FT TH N00-14- 15 W 320 FT TO S MGN OF6TH AVE N TH S 89-45-45 W ALG SO S MGN-493.02FT TO -BEG Parcel: 0723059100 072305 100ABANDONED RR R1W OVER E 112OF STR 07-23-05.8i W 112 OF$W.1/4,OF S".68-23-.06 LY BET N MGN OF NO 4TH ST & SOMGN NO 6TH ST ............. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 14 of 15 20060420001032.::: Return Address: City.Clerk's Office City of Renton 20060420001032 1055 South Grady Way CITY OF RENTON AG 75.00 Renton, WA 98055 PAGE001 OF 044 04/20/2005 14:19 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be, filled in) 1. Strander Agreement (CAG-02-211) 2. Reference Number(s) of Documents assigned or released: Additional reference #'s on page _ of document Grantors) (Last name first name, initials) 1. The _Boeing Company 2. Additional names on page_ of document. Grantee(s) (Last name first, then first name and initials) 1. City of Renton 2. Additional names on page — of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) Beginning at the intersection of the North line of said Donation Land Claim No. 46 with the most Westerly line of Government Lot 13 in said Section 24; ...... Additional legal is on pages 8-12, 14, 19-23, 25-30, 32-40 of document. Assessor's Property Tax Parcel Account Number ❑ Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. i am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.1&010. 1 understand that the recording processing requii-ernents may cover up or otherwise obscure same part of the text on the original document. Signature of Requesting Party 20060420001032 j.:,- CAG-02-211 STRANDER AGREEMENT This AGREEMENT is made and entered into this 4s4-- day of U9-tM Ee:9— 2002, by and between THE BOEING COMPANY, a Delaware corporation ('Boeing'% and the CITY OF RENTON, a municipal corporation of the State of Washington ("the City"), RECITALS A. Longacres Park, Inc ("LPI "), a wholly -owned subsidiary of Boeing, is the owner of certain real property ("Property'), known as the Longacres Office Park ("LOP"), located in the City of Renton, King County, Washington, and more particularly described in EMBIT A attached hereto and incorporated herein by this reference. LPI and Boeing have entered into a long-term Ground Lease ("Lease") with effect from January 1, 1993 pursuant to which Boeing may possess the Property through December 31, 2027 and may in certain 6rcuumstanees extend the terixi of the Lease through December 31, 2057. Pursuant to the Lease, Boeing may enter into this Agreement in Boeing's own name. A memorandum of the Lease was recorded as No. 9707030129 in the Real Property Records of Ding County. B. The City has included in its Transportation Improvement Program ("TIP') an extension of Strander Boulevard (also known as S.W. 27"' Street) west from Oakesdale Avenue S.W. across the'Property to the City limits of Renton ("Strander Extension" or "Extension"). C. On May 11, 1984, the City and Broadacres, Inc., Boeing's predecessor in interest, entered into an agreement recorded in King County as No. 9406010540 (" 1984 Agreement'), providing for, among other things, (a) reservation of right of way for the Strander Extension across the Property, (b) establishi-lent of an alignment for the Extension across the Property, (c) acquisition by the City of the reserved right of way, (d) construction by Broadacres of a local access road according to City street standards for local access roads within the reserved right of way, (e) payment by Broadacres not to exceed 30 percent of the total cost of extending Strander fi om the east Property line to 200 feet east of the Burlington Northern railroad right of way, and (f) reduction of Broadacres' payment by the full cost expended by Broadacres in designing and constructing the local access road_ D. The Environmental Impact Statement ("EIS") Mitigation Document for the LOP that was issued in May, 1995 ("Mitigation Document') included a Transportation Mitigation Conditions Agreement that among other provisions requires Boeing to pay to the City transportation mitigation fees of $75.00 per trip ("City Transportation Mitigation Fee") based on 27,000 average daily trips to be generated by full development of die LOP ("LOP Mitigation Fee"). Boeing has paid to the City, as transportation mitigation fees under the Transportation Mitigation Conditions Agreement, $157,500 (based on 2,100 average daily trips) at the time of permit application for the Boeing Commercial Airplane Group ("BCAG") Headquarters Building and $69,750 (based on 930 average daily trips) at the time of permit application for the Boeing -Renton Family Care Centre. The LOP Mitigation Fee less the transportation mitigation fees already paid to the City ("Net LOP Mitigation Fee") as of the date of this Agreement is $1,797,750 (based on 23,970 average daily trips, referenced hereinafter as the "Prepaid Trips")- CERTIFICATE I, the undersigned City Clerk of the City of Renton, Washington, certify ''� that this is a true and correct copy of AOXI Subscribed f ` and ealeei this day afAr�, 20 0- . City Clerk 200604200D1432_ _= E. Boeing now plans to prepare the Property for potential development that will require (a) modification of the 1984 Agreement right of way alignment, (b) modification of Boeing's payment obligations for the Extension to address current conditions, and (c) clarification of the procedures and standards for Boeing to construct a local access road within the reserved right of way for the Strander Extension. F. The City desires to confirm the availability, location and funding of the Strander right of way and extension. In addition, the City has received information and data provided by Boeing indicating that expansion and improvement of the Grady Way and Oakesdale Avenue intersection will be required as a result of traffic demands front the completion of Oakesdale Avenue and future development in the area. G. Boeing and the City desire to rescind the 1994 Agreement and to enter into a new agreement regarding the Strander Extension to replace the 1984 Agreement. H, Establishing this Agreement will materially aid the City in approaching the State of Washington and federal funding agencies for financial assistance in developing the Strander Extension project. l_ The City and Boeing consider this effort to be a public -private partnership and approach it and this Agreement in the spirit of partners, anticipating that issues and unforeseen events will be resolved on a mutually agreeable basis as they arise during the course of performance of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and under the terms and conditions hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as follows: I . Right of WaY Reservation and Ali nment. Boeing agrees to reserve for the duration of this Agreement a 90-foot wide right of way across, over, and through the Property for the Strander Extension according to the alignment described in EXHIBIT B, attached hereto and incorporated herein by this reference, and approximately depicted in EXMBIT C, also attached hereto and incorporated herein by this reference ("Right of Way Reservation"). The City agrees that the alignment of the Strander Extension shall be located within the Right of Way Reservation. 2. Building Restriction. Unless otherwise provided in this Agreement, Boeing agrees not to construct permanent buildings within the Right of Way Reservation and setbacks from the Right of Way Reservation that are required by City Code. For purposes of this Agreement, the term "building" shall mean any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature_ 3. Right of Way Acquisition. 3.1. Boeing agrees to dedicate to the City that portion of the property located within the Right of Way Reservation ("Right of Way .Property"). This dedication shall be accepted by 20060420001032. the City within 180 days from the date of this Agreement In consideration for the dedication of the Right of Way Property, the City agrees that (a) the LOP Mitigation Fee payable to the City of Renton for the LOP shall be fully satisfied, (b) all of Boeing's obligations for the Strander Extension across the Property and approaches to the Property that may be imposed by the City or any financing jurisdiction shall be fully satisfied, and (c) all of Boeings obligations for any other off -site transportation improvements within the City of Renton that are required to support the level of full development of the LOP as contemplated in the EIS shall be fully satisfied. 3.2. The City agrees to enter into formal discussions with Boeing regarding placement of the proposed expansion and improvement of the Grady Way and Oakesdale Avenue intersection as a priority project on the City's TIP at the next scheduled update of the TIP. Any agreement reached between the City and Boeing on this subject shall be memorialized and approved in a separate document. 3.3. The City agrees not to adopt an authorization under applicable law for the acquisition of all or part of the Right of Way Property under condemnation or threat of condemnation during the term of this Agreement, unless Boeing fails to dedicate the Right of Way Property in accordance with the terms and provisions of this Agreement. 3.4. The City agrees that Boeing may at the time of City acquisition of the Right of Way Property reserve a nonexclusive perpetual easement over, across, along, in, upon, under, and through the Right of Way Property for purposes that include access, utility, drainage, and any regulatory requirements applicable to the development of LOP. Any uses for the Right of Way Property proposed by Boeing other than for those purposes will require prior City approval, which shall not be unreasonably withheld. 4. Reserve Account. 4.1. Upon dedication of the Right of Way Property to the City, the City agrees to create a reserve account in Boeings name ("Reserve Account") that contains the Prepaid Trips. Trips in the Reserve Account shall be considered the personal property of Boeing unless they are assigned by Boeing to a successor in interest to all or any portion of real property located in the City of Renton, including, but not limited to, an owner's association or similar entity governing any or all of such property. Boeing may at its sole discretion withdraw from the Reserve Account all or a portion of the Prepaid Trips, to be credited against and constitute full payment of the City Transportation Mitigation Fee for the equal number of trips generated by development of any property owned by Boeing within the City of Renton as of the date of this Agreement ("Renton Properties") that would otherwise be subject to the City Transportation Mitigation Fee. The Renton Properties are described in EXHIBIT D attached hereto and incorporated herein by this reference. If and when Boeing withdraws such Prepaid 'Trips from the Reserve Account, the number of Prepaid Trips in the Reserve: Account shall be correspondingly reduced_ Should Boeing choose to assign Prepaid Trips to projects other than LOP, those Prepaid Trips will no longer be available for LOP transportation mitigation. 4.2. Boeing shall timely notify the City, as provided in this Agreement, of the withdrawal, designation, or assignment of trips in the Reserve Account by providing to the City a document in the form and content described by EXHIBIT E attached hereto and incorporated herein by this reference. The City agrees to provide to Boeing written confirmation of such withdrawal, designation, or assignment, also as described by EXHIBIT E. 20060420001032_ _= 5. Review of Plans_ The City agrees to use its best and timely efforts to include Boeing in, the planning and design of the Strander Extension. Prior to City approval of construction plans for the Strander Extension, but in any event no later than sixty (60) days prior to commencement of construction of the Strander Extension, the City shall provide Boeing with engineering, architectural, and other construction plans for the Extension and related improvement, including but not limited to signal control systems, utilities, sidewalks, driveway access, walls, fencing, lighting, and signing. 6. Local Access road. Should Boeing require Property access prior to completion of the Strander Extension, Boeing may construct upon all or part of the Right of Way Property a local access road to City standards ("Local Access Road"). The Local Access Road may include roadway, utilities, stormwater facilities, sidewalks, fighting, and other structures required by Boeing and the City. The Local Access Road shall be dedicated to the City for public use within thirty (30) days following its completion. The City agrees that the Local Access Road or a mutually agreed upon detour route shall remain open to vehicular traffic during construction of the Strander Extension. The City agrees to reimburse Boeing at the time of the Strander Extension construction for all design and construction casts incurred for Local Access Road components that are designed and constructed to City standards for and that may be incorporated into the Strander Extension project. T Street Access and Intersections. 7.1. All Property frontage along the Strander extension shall have access to the public right of way, unless otherwise agreed by the parties. 7.2. Boeing may establish along the Strander Extension two intersections with streets to the north and south of the Extension. Boeing may propose additional intersections in the future for consideration and possible approval by the City. Boeing shall pay frill cost for any traffle signal(s) required at any intersections established. Boeing may also establish along the Strander Extension private driveway access points, subject to City Code requirements; provided, however, that the City reserves the right to Iimit turning movements at such private driveway access points to right -in and right -out only. 9. Termination. This Agreement shall terminate twenty (20) years from the date of execution of this Agreement, or upon final completion of the Strander Extension, whichever occurs earlier. If construction of the Strander Extension has not been fully funded and commenced by the date of termination of this Agreement, Boeing at its sole discretion may require that the City reconvey to Boeing the Right of Way Property exclusive of the Local Access Road if dedicated to the City as provided in Paragraph 6 of this Agreement. When the Right of Way Property is reconveyed to Boeing by the City, Boeing shall pay to the City the amount of the Net LOP Mitigation Fee credited to Boeing under Paragraph 3.1 of this Agreement_ 9. Default_ In the event of a default or Failure of performance by either party of any terra or condition under this Agreement, the defaulting party shall have thirty (30) days after written notice given to that party by the non -defaulting party, as provided in this Agreement, to cure the default; provided, however, that if the cure cannot reasonably be completed within such thirty (30) day period, the defaulting party shall have such longer period as is reasonably necessary to cure the default so long as the defaulting party shall commence the cure within the thirty (30) day period and thereafter complete the cure with due diligence_ 20060420001M77_-__- 10. Successors and Assigns. This Agreement and each of the terms, provisions, conditions, and covenants herein shall run with the land and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. The parties acknowledge that Boeing may assign this Agreement to an owner's association or similar entity for the Property, and agree that upon such assignment Boeing shall be released from all rights and obligations hereunder. Notwithstanding the foregoing, the parties agree that Boeing may retain all rights to the Prepaid Trips in the Reserve Account, as provided in Paragraph 4,1, and may assign those rights for withdrawal and use as provided in this Agreement. 11, Rescission of 1984 Agreement. Upon execution of this Agreement, the 1994 Agreement shall be null, void, and without effect. 12. Compliance with Laws. The parties shall at all times exercise the rights granted to them under this Agreement in accordance with all applicable statutes, orders, rules and regulations of any public authority having jurisdiction- 13. Governing, Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 14. Notice. Any notice required or permitted to be given under this Agreement shall be in writing and shall be delivered to the following designees: If to Boeing: Colette Tetnmink The Boeing Company MC IF-58 P.O. Box 3707 Seattle, WA 98124 Fax: 206-662-1355 with a second notice to: Gerald Bresslour, Esq- Thc Boeing Company MC 13-08 P.O. Box 3707 Seattle, WA 98124 Fax: 425-965-8230 If to City of Renton. Gregg Zimmerman Administrator of Planning, Building, and Public Works City of Renton 1055 South Grady Way Renton, WA 98055 Fax: 425-430-7241 with a second notice to: Sandra Meyer Planning, Building, and Public Works City of Renton 1055 South Grady Way Renton, WA 98055 2DOSD420001032. _• _- Fax: 425-430-7241 Notices may be delivered by facsimile or U.S. mail. Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given_ Either party may change the address to which notices may be given by giving notice as above provided. $oeing or its successor or assign to this Agreement shall give notice to the City of what successor property owners shall be given separate notices under this Paragraph 14 in addition to the above. IN WITNESS WHEREOF, pursuant to the provisions of Ordinance No. Sfa foO of the City of Renton, said City has caused this in trurnent to be executed by its DATED this 100 day of ,�I�y« 2002 - ;ON PANY. f r, Vi corporation APPROVED AS TO FORM: THE CITY OF RENTON, a municipal corporation of the State of Washington 2)z - / 4--n^ -�-� By: Lawrence L_ Warren City Attorney Its: Mayor x j t� t! ATTEST/AUTT-IENTTCA—MD: ���li Yl• VLl f�G-[��Tv 'f S,oa .. ,,x Yr r Renton City Clerk' 20060420001 mi. - - EXHMIT A Legal Description of Longacres Office Park 20060420001 PARCEL A All that certain real property situate in the City of Menton. County of King, State of Washington, being a portion of Henry A. Meader's Donation Land Claim No_ 46 in Sections 24 and 25. Township 23N., Range 4E., W.M., and a portion of Goverrvne.nt Lot 8 in said Section 24, and being more particularly described as follows: BEGINNING at the intersection of the North lint, of said Donation Land Claim No. 46, with the most Westerly line of Government Lot 13 in said Section 24; thence from said POINT OF BEGINNING S00'5617'W 1257.95 feet; thence S01'02'56'W 154.52 feet to the northerly line of the City of Seattle Bow Lake Pipeline right-of-way as conveyed by deed recorded under Recording No. 4131067, King County records; thence along said northerly line S72'44'48'W 436.96 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 122.55 feet and a central angle of 20'01'15', an arc length of 42.92 feel; thence tangent to the preceding curve N87'13'57'W 1377.97 feet to the East right-of-way line of the Burlington Northern Railway; thence along said East right-of-way line NO2'07'43'E 1709.63 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 2107.00 feet and a central angle of 14'09'08% an arc length of 520.44 feet to the westerly line of the former Puget Sound Shore Railroad Company's Seattle Line; thence along said westerly line N.02'07'43'E 221.30 feet to the southeasterly line of the parcel conveyed to the State of Washington by deed recorded under A.F.ff $412140016, King County records; thence along said southeasterly line N66'17'56'E 35.69 feet to a point on a line that is parallel with the South line of said Section 24, and passes through the most southerly corner of the southernmost of two concrete abutments near the westerly extension. of S.W_ 16th Street: thence along said parallel line S87 °43'33'E 67-88 feet to the castcrly line of said former Puget Sound Shore Railroad Company's Startle Lint; thence along said easterly line NO2'07'43"E 11.96 feet to the southerly right-of-way line of 1-4-05. thence along said southerly right-of-way line N81'57'27'E 43.10 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 603.14 feet and a central angle of 19°04'30', an arc length of 200.80 feet; thence tangent to the preceding curve 1\162'52'57'E 90.32 feet; thence leaving said southerly right -of -Way line S00`221) -A' 1022.22 feet to the North line of said Donation Land Claim No. 46; thence along said North line S87"13'57'E 1462.38 foci to the POINT OF BEGINNING. Contains 72.83 Acres of Land more or Itss_ The Basis of Bearings for this description is the Record of Survey for Sroadacres, Inc., recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, icing County records. 20060420001032.: PARCEL B All that certain real property situate in the City of Menton, County of King. State of Washington, being a portion of Henry A. Meader's Donation Land Claire No. 46 in Sections 24 and 25, Township 23 N., Range 4 1-., W. M., and a portion of Government Lot 13 in said Section 24, and being more particularly described as follows: BEGINNING at the Northwest corner of said Government Lot 13, thence from said POINT OF BEGINNING along the North line of said Government Lot 13 S87'26'45'E 504.52 feet to the northerly prolongation of the East Iine of said Donation Land Claim No- 46; thence along said prolongation and East line 502°46'03`W 1336.86 to the North line of the City of Seattle Bow Lake Pipeline right-of-way as conveyed by deed recorded under Recording No. 4131067, King County records; thence along said North line from a tangent that bears S84'32'34`W, along the arc of a. curve to the left having a radius. of 935-00 feet and a central angle of 11'47'46-, an arc length of 192.50 feet; thence tangent to the preceding curve S72"4.4'48'W 298.62 feet; thence leaving said North line NOI'02'56-E 154.52 feet; thence N00°56'17"E 1326.91 feet to the POINT OF BEGIN'NING- Contains 15.51 Acres of Land more or less - The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Rook 10 of Surveys at page 2, under Recording No. 7707289002, King County records. L-S- 27193 Ts"° 11, �`r' 1, k z Lkn MAL IFNVC 11-07-91 PARCELB-LEG 3-2464-3806 20060420g01032.0 i PARCEL C All that certain real property situate in the City of Renton. County of King, State of Washington, being that portion of henry A. Meadcr's Donation Land Claim No. 46, in Section 25. T.23N., R.4E-, W.M., described as follows: BEGINNING at she intersection of the South line of said Donation Cla m, and the East fine of Governmenl Lot 10 in the N.E. 'A of said Section 25; thence from said POINq OF BEGINNING along said South line N87613'57'W 1842.90 feet to the fist line of the Burlington Northern Railway; thence along last said East line NO2°06'48'E 129.69 feet and NO2'07'43"E 251.58 feet to the South line of the' Bow Lake Pipe Line as conveyed by deed recorded under recording No. 4131067, King County records; thence along said South line S87°13'57-E 1377-63 fec% thence tangent to the preceding course along the arc of a curve to the left having a radius of 152.55 feet and a central angle of 20'01'15 an arc length of 53.30 feet; thence tangent to the preceding curve N72'44'48'E 427.04 feet to the northerly prolongation of the East line of Government Lot 10; thence along said northerly prolongation SO] `02`56'R' 536.89 feet to the POINT OF BEGINNING, Contains 16.87 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records. 4 l J^ + r L.S. 27193 r * f r J .M AL"I FW C 11-07.91 PARCELC-LEG 3-2464-3806 200604200Y1032.01. PARCEL F All that terrain real property situate in the sty of Renton. County of King, Statt of Washington, being a portion of Goveramen[ Lots 10 & 11 in Section 25, Township 23N., Rangt 4E., W_M., and being more particularly described as follows: BEGINNING at the intersection of the South line of Henry A. Meader's Donation land Claim No. 46, with the East line of said Government Lot 10; thence froth , said POINT OF BEGINNING along said East line Sol°02'56'W 255.38 feet; thence leaving said East fine N88°16'55'W 1847.57 feet to a point on the East line of the Burlington Northern Railroad right -of way which is 289.12 feet Southerly, as measured along said right -of way line, from the intersection thereof with the South line of said Donation Land Claim No. 46; thence along last said East line NO2°06'48'E 289.12 feet to the South line of said Donation Land Claim; thence along said South line S87°13'57-E 1842.90 feet to the POINT OF BEGINNING, Contains 11.53 Acres of Land more or less_ The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc.. recorded in Boole 10 of Surveys at page 2, under Recording No, 7707289002, King County record s. rfrt N !: r`"�., C L. S. 3 k W FWC 11-21-91 PARCE LF_ LEG 3-24&1-3806 200604200g1032.0-: PARCEL G All that certain real property siwam in the City of Renton. County of King, State of Washington, being a portion of Gavcrnmtnt Lots 10 and H. and of the S.W. 1/4 of the N.E- 114, and of the 5.E- 1/4 of the N-W. 114, all in Section 25, Township 23N-. Range 4E-, W.M„ and being more particularly described as follows: 13EGINNING at a point on the East line of said Goverrunent Lot 10, distant thereon S01'02'56'W 255.38 feet from the iwarsaction thereof with the South line of Henry Meader's Donation land Claim No. 46 thence from said POINT OF EEGINNING. along said Fast line of Government Lot 10, and the east line of said S.W. 1/4 of the N.E. 1/4 of Section 25, Sol'02'56'W 1112.01 feet to a line that is parallel with and 545.6 feet northerly of the Fast - West centerline of said Section 25 (measured along the East lint of said S.W. 114 of the N.E. 114); thence along said parallel lint N87'57'42-W 1908.19 feet to a line that is parallel with and 60.00 feat East of the East line of the Burlington Northern Railway right-of-way; thence along last said parallel line NO2`06'48'E 554.48 feet; thence N04"08'49-W 550.24-feet to a point on said East line of said Burlington Northern Railway right-of-way, distant thereon S02"D6'48'W 2V.12 feet from the inttrscttion thereof with the South Line of said Donation Land Claim No. 46; thence S88*16'55'E 1847.57 feel to the POINT OF BEGINNING. Contains 46.06 Acres of Land mort or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc.. rtcordM in Book 10 of Surveys a! page 2, under Recording No. 7707289002, King County records. �+�� :.7/— �'/ 'FWC t 1-27-9! PARCELG. L.EG 3.2464-3806 20060420009032.C�" EXHIBIT B Legal Description of 5trander Extension 20060420001032.--"- E=BIT "B" BOEING PROPERTY (Portions of Tax Lot No. 252304-9002 & 252304-9062) LEGAL DESCRIPTION: Tract F of the unrecorded BOEING LONGACRES PROPERTY BINDING SITE PLAN dated July 15, 2002 and approved by the City of Renton under Land Use Action number LUA-02-022-BSP and contained in Land Record n under LND-35-0010. All situate in Section 25, Township 23 North, Range 4 East, Williarnette Meridian, in the City of Renton, King County, Washington. H:1File Sys%LND - Land Subdivision & Surveying Rcecords\LNB-01 - Legal Descriptions40049.doc 9/ 10/2002 20060420001032.�-- EXHIBIT C Map of Strander Extension ,a� � j I - B W Lake P iellne ,ate j j i > I I f I 3 I / � r I 27th Street j Tractpi a ; SW ............... 0 400 800 a Y o� Technical Services Exhibit C _--__. - City Limits + P1atminouilding/Public Works Strander Extension Proposed Lot Lines R. MacOnie, D. Visnesld 10 September2002 SW 27th Street 20060420009 032.:: EXHIBIT D Legal Descriptions of Boeing Properties in the City of Renton 1. Longacres Office Park 2. Boeing Customer Service Training Center 3. Boeing Renton Plant 20060420001032.Z;= 1. Legal Description of Longacres Office Park 2006042000103? PARCEL A All that certain real property situate in the City of Penton. County of King, State, of Washington, being a portion of Henry A_ Meader's Donation Land Claim No. 46 in Sections 24 and 25. Township 23N_, Range 4E_. W.M., and a portion of Govawnent Lot 9 in said Section 24, and being more particularly described as follows: BEGINNING at the intersection of the North lint of said Donation Land Claim No. 46. with the most Westerly line of Government Lot 13 in said Section 24; thence from said POINT OF BEGINNING SDO.56'17'W 1257.95 feet; thence S01'02'56"W 154.52 feet to the northerly line of the City of Seattle Bow Lake Pipeline right -of --way as conveyed by deed: recorded under Recording No. 4131067. Icing County records; thence along said northerly line S72`44'48'W 436.96 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 122.55 feet and a central angle of 20'01'15', an arc length of 42.82 feet; thence tangent to the preceding curve N87' 13'57'W 3377.97 feet to the East right-of-way line of the Burlington Northern Railway; thence along said East right-of-way line NO2 `07'43 T 1709.63 feat, thence tangent to the preceding course along the are of a curve to the left leaving a radius of 2107.00 feet and a central angle of 14°09'08 an arc length of 520.44 feet to the westerly lint of the former Puget Sound Shore Railroad Company's Seattle Line; thence along said westerly line X02'07'43'E 221.30 feet to the southeasterly line of the parcel conveyed to the State of Washington by deed recorded under A.F.11 8412140016, King County records; thence along said southeasterly line N66"17'56-E 35.69 feet to a point on a line that is parallel with the South lint of said Section 24, and passes through the most southerly corner of the southernmost of two concrete abutments new the westerly extension of S.W. 16th Streit; thence along said parallel line S87 `43'33"E 67.88 feet to the easterly line of said former Puget Sound Shore Railroad Company's Seattle Line; thence along said easterly line NO2°07'43"1< 11.96 feet to the southerly right -of --way line of 1-405; thence along said south6rly righi-ofoway line N81 "57'27-E 43.10 feet; thenct tangent to the prccrAing course along the arc of a curve to the left having a radius of 603,14 feet and a central angle of 19'04'30', an arc length of 200.80 feet; thence tangent to the preceding curve N62°52'57"E 90.32 feet, theita leaving said southerly right-of-u-ay line SO4`22'11'A' 1022.22 feet to the North line of said Donation Land Claim No. 46; thence along said North line S87'13'57'E I462.39 feet to the.POINT OF BEGINNING. Contains 72.83 Acres of Land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Survcys at page 2, tender Recording No. 7707289DO2, King County records. k�� 200604200010'17 i„ r1 PARCEL B AH that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of Henry A. Mcader's Donation Land Claim No. 46 in Sections 24 and 2S. Township 23 N-, Range 4 E., W. M., and a portion of Government Lot 13 in said Section 24, and bring more particularly described as follows: BEGINNING at the Northwest corner of said Government Lot 13; thence from said FAINT OF BEGINNING along the North fine of said Government Lot 13 S87'26'45'E 504M feet to the northerly prolongation of the East line of said Donation Land Claim No- 46; thence along, said prolongation and East line S02°46'03'W 1336.96.to the North litre of the City of Searle Bow Lake pipeline right-of-way as conveyed by deed recorded under Recording No. 4131067, King County records; thence along said North line from a tangent that bears S84°32'34'W, along the arc of a. curve to the left having a radius of 935.00 feet and a central angle of 11'47'46-, an arc length of 192.50 feet; thence tangent to the preceding curve. S72°44'48'W 288.62 feet; thence leaving said North line NOI "02'S6'E 154.52 feet; thence NOO°56'17'E 1326,91 feet to the POINT OF BEG1N'NiNG- Contains 15.51 Acres of Land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc-, recorded in Book 10 of Survcys at page 2, under Recording No. 7707289002. King County records. M ALIFVJC 11.07-91 PARCELS.LEG 3-2464-3806 r r � � Z LxK 2006042000zn'39 t PARCEL C All that certain real property situate in the'City of Renton. County of King, State of Washington, being that portion of Henry A. Meadtr's Donation Land CWm No. 46, in Section 25, T.23N., RAE.. W.M., described as follows: BEGINNING at the intersection of the South line of said Donation Claim, and the Fast line of Government Lot 10 in the N.E- '.4 of said Section 25; thence from said POINT OF BEGINNING along said South line N87613'57'W 1842-90 feet to the East line of the Burlington Northern Railway; thence along last said East line NO2'06'48'E 129.69 feet and NO2'07'43'E 251-58 feet to the South line of the' Bow Lake Pipe Line as conveyed by deed recorded under recording No. 4131067, King County records; thence along said South line S87'13'57'E 1377.63 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius 'of 152.55 feet and a central angle of 20'01'15', an arc tcngth of 53-30 feet; thence tangent to the preceding curve N72'44'48'E 427.0-I feet to the northerly prolongation of the East line of Government Lot 30, thence along said northerly prolongation Sot'02'56'W 536.89 feet to the POINT OF BEGINNING - Contains I6.97 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc„ recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records. MA FWC 11-07-91 PARCELC-LEG 3-2464-3806 20060420101 017 61- P,kRCEL F All that ctrtairt real property situate in the City of Renton, County of King, Stan of Washington; being a portion of Government Lots 10 & I I in Section 25, Township 23N., Range 4lr., W_M_, and being more particularly dcscribcd as follows: BEGINNING at the inttrstaion of Ehcc South Iine of Henry A. Mcader's Donation Land Claim No. 46, with the East line of said Government Lot .10; thence €rom.said POINT OF BEGINNING along said East list SOI'02*56'W 255.38 feet; thencC leaving said East lint N88"16'551W 1847.57.feet to a point on the East lint of the Burlington Northern Railroad right -of way which is 289.12 feet Southerly, as measured along said right -of way line, from the intersection thereof with the South line of said Donation Land Claim No. 46; thence along last said East line NO2"06'48'E 289.12. feet to the South line of said Donation Land Claim; thence along said South line S87'13'57'E 1842.90 feet to the POINT OF BEGINNING. Contavu 11.53 Acres of Land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres. Inc.. recorded 'ut Book 10 of Surveys at page 2, under Recording No. 7707289002, King County i rtcord s. � t r CA Ea FWC 11-21-91 PAR CE Li=. LEG 3-2464-3806 20060420001032.v PARCEL G All that certain real properry situate in the City of Renton. County of King, Stan of Washington, being a portion of Government Lots 10 and 11, : nd of the S.W. 114 of the N.E. 114, and of the S.E. 114 of the N.W. 114, all in Section 25, Township 23N., Range 4E.,.W.M., and being more particularly described as follows: BEGINNING at a point on the East lint, of said Government Lot 10, distant thereon S01'02'56'W 255.38 feet horn the i=rsection thereof with the South line of Henry Me-ader's Donation land Claim No- 46 thence from said POINT OF BEGINNING, along said East line of Government Lot 10. and the east line of said S-W. 114 of the N.E. 114 of Section 25, S01002'56'W 1112-01 feet to a lint that is parallel with and 545.6 fcct northerly of the East- West eentcrlinc of Said Section 25 (measured along the Fast line of said S.W. IA of the N.E- 114); thence along said parallel line N97'57'42'W 1908.19 feet to a lure that is parallel with and 60.00 feel East of the East line of the Burlington ?northern Railway right-of-way; thence along last said parallel line NO2'06'48'E 554.48 fezt, thence N04'08'49`W 550.24.feet to a point on said East line of said Burlington Northern Railway right-of-way, distant thereon S02'()6'48'W 289.12 feet from the intersection thereof with the South Lint of said Donation Land Claim No_ 46. thenre S88'16'55'E 1947.57 feet to the POINT OF BEGINNING. Contains 4-6.06 Acres of Land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at page 2, under According No. 7707289002. King County —, --,4 yl FV'1C 11-27-91 PAR CE LG _ LEG 3-24454-3806 20060420001OR? E. 2, Legal Description of Boeing Customer Service Training Center 2006042000107 PARCEL I All drat ecrtain real property situate in the City of Renton. County of King. State of Washington, being a portion of the S.W_ 114 or the N.E. 114, and of the N-W. 114 of the S.E. 114 of Section 24. Township 23 Nonh, Range 4 East, Willametu Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S- W. 16th Street (South 153rd Sc_), with the West boundary of C-D. Hillman's Earlington Gardens Addition to the Cky of Seattle, Division- No. 1, as- per the Plat recorded in Volume 17 of Pfau, Page 74. Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 350 feet to the TRUE POINT OF BEGINNING of this PARCEL 1, thence from said TRUE POINT OF BEGINNING, continuing Wl~StPxly aling-said tfttrmaig43-S89,°37'57-W 257.00 feet; thence leaving said Northerly margin at right angles, NOO'22'03-W 214-06 fee[ to the Southerly right -of way line of SR 4.05; thence along said Southerly right-of-way line from a tangent that bears N78013'S3'E, along the arc of a curve to the right leaving a radius of 2765.00 feet, and a central angle of 05"23'22% an arc length of 260.09 feet; thence loving said Southerly tight -of -way lint S00'22'03'E 253.41 feet to the TRUE POINT OF BEGINNING_ CONTAINS 1.39 Acres of land more or less_ The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records, FW C l i-21_,9I PARCEL1, LEG 3-2464-3806 20060420001019 iri ?A1ZCEL i All that certain real property situate in thtc City of Renton. County of King„State of Washington. being Government Lot 14, and a portion of Governmcm Lot 8, both in Section 24. Township 23 North, Range 4 East, Willamette Mtridian, and a portion of the. N-W, 114 of the S,E. 114 of said Section 24, and a portion of the N.E. 114 of the S.E. 114 of said Section 24, and being more particularly described as foilours: Y - BEGINNING at tic Somhwest corner of ibe- N_E_ 114 of the S.E. 114 of said Section 24; thence from said POINT OF BEGINNING, along the East lint of said Government Lot 14 SOO-56'17-W. 69.96 feet to the North line of $4rnty A. Meader's Donation Land Claim No_ 46; thence along said North line,N97'i3'57-W 1462.38 fiect, thence leaving said Noah line N00"221t'E 1022.22 feet to the southerly right-of-way line of 1--405; thence along said southerly right-of-way lint and the sot h right-of-way lute of S-W_ 16th Street from a tangent that bears N62°52'57'E, along the are of a curve to the right having a radius of 54114 feet and a central angle of 26'45'00", an arc tengch of 253.58 feet, L ence tangent to the prtcedF cunt- ?,9"37-57"E-TO79:63 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 1940.03 feet and a central angle of 02'52'00". an arc length of 97.07 feet; thence tangent to the preceding carve N86'45'57-E 4.56 feet; thence tangent to the preceding course along the arc of a r-urve to the right having a radius of 1880.08 feet and a central angle of 01"32'5S', an arc length ofSO.$1 feet; to the northwest corner of the parcel conveyed to the Ciry of Renton under A.F. #9911030910, King County records, thence along the boundar-y'of last said parcel S08'35'56'W 42-70 feet and N?9°13'48"E 52.00 feet to the west hank of the White River Drainage Ditch No, 1; thence along said west hank the following courses-. SOfi'34'04"W 138.18 feet, S27'09'00'1; 186.06 feet, S29'52'37'E 79.58 feet, S35'57'46`E 133.43 feet, S31"23'55 "E 99.64 feet, S43' 12'00"E 170.74 feet, S60' 12`45'E 105.81 feet, S80040'25`E 141.98 feet, S4t1`52'33"E 144.78 feet, S34°40'43'E 132.06 fact, S18'10'45'E 75,74 feet, and S24'5477"E 64.21 feet to the South line of the N-E- 114 of the S.E. 114 of said Section 24; thence along WE said South line NS7'26'45` W 999.63 feet to tltc POINT CE BEGINNING. Contains 47-39 Acres of land more or less. The Basis of I3carings for this description is the Record of Survey for Broadacres Inc.; recorded in Book 10 of Surreys at page 2, under Recording No. 7707289002, King County records_ AS_ rr' Wf 20060420001 -PARCEL! All that cerT.ain real properzy situate in the City of Renton. County or King, State of Washington, being a portion of the S.W. Ito of the N.E. 114_ and of the N.W. 114 of the S.E. 114 of Section 24, Township 23 North. lunge 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin o€S.W- 16th Street (South 153rd St.), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No- 1, as per the Plat recorded in Volume 17 of Plan, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 607 feet to the TRUE POINT OF BEGINNING of this PARCEL J; thence from said TRUE POINT OF BEGINNING, continuing Westerly along -said Hurdle n argin S$9-37'57-W 120-00 feet; thence leaving said Northerly margin at right angles, NDD'22'03"W 137,07 feet to the Southerly right -of way line of SR 405; thence along said Southerly right-of-way line from a tangent that bears N75440'56'E, along the arc of a curve- to the right Having a radius of 2765.00 feet, and a central angle of 02"32'57% an arc length of 123.02 feet; thence leaving said Southerly right-of-way line S00"22TYE 214.06 ftet to the TRUE POINT OF BEGINNING. CONTAINS 0-55 Acres of land more or less. The Basis of Bearings for this description is tht Record of Survey for Broadacres, Inc-, recorded in Book 16 of Surveys al Page 2, under Recording No. 770728,9002. King County record s . rz�" ff. cr ,�C�1� r A jt r � R f 9FQ F'W C 11-21�1 PARCE Ll . LEG 3-2464-3906 20060420001 tj-T7 6 PARCEL K Al! that certain real properry situate in the City of Renton. County of ling. State of Washington, being a portion of the R W. 114 of the S. E. I14 of Section 24, 7'ovenship 23 NoNi, Range 4 East_, Wiiiamene Meridian, and being more particularly described as fellows= Commencing at the intersection of the North margin of S.W_ 16th Street (South 153rd St_), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1,, as per the Plat recorded in Volume 17 of Plats. Page 74. Rtcords of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 727 feet to the TRUE POINT OF BEGINNING of this PARCEL K; thence from said TRUE POINT OF BEGINNING, continuing Westerly along said North margin S89'37'57-W 62,00 feet; thence'llaving said Northerly margm of ct—g t-angles, NOO'22'03-W-T70.90 feet to the Southerly right -of way line• of. SR 405; thence along said Southerly right-of-way line from a tangent that bears N74'21' I7"E, along the arc of a curve to the right Having a radius of 2765.00 feet, and a central angle of 01'19'39 an arc length of 64-06 feet, thence leaving said Southerly right -of --way line S00"22'03,E 187.07 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.25 Acres of land more or less_ The Basis of Bearings for this description is the Record of Survey' for Broadacres. Inc_, recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002,- King County records. ff F71C 1 t-21-91 PARCH-K. LEG 3-2464-3806 200604200010$2-_= PARCEL L All that ceruin real property situate in the City of Renton. County of ling_ State of Washington, being a ponion of the N-W. I I4 of the S.E. 114 of Section 24. Township 23 North, Range 4 East, Willament Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Street {Sou(h 153rd St-). with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seartie, Division No. 1, as per the Plat recorded in Volume 17 of Plats. Page 74. Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; thence from said TRUE POINT OF BEGINNING, continuing Westerly along said North margin S89°37'57-W 65.00 feet; thence N00°22'03"W 15-00 feet; tlicnee S89"37'57� Q.4-€eet; thence leaving said Northerly margin at right angles, N00°22'03"W 121-79 feet to the Southerly right -of way line of SR 405; thence along said Southerly right-of-way line from a tangent that bears N71"5_2'08'E, along the arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 02`29'09', an arc length of 119.96 feet; thence leaving said Southerly right-of- way lint-S00'22'03"E 170.90 feet to the TRUE POINT OF BEGINNIRG- CONTAINS 0-39 Acres of:land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Lic-, recorded in Book 10 of Surveys at Fags 2, under Recording No. 7707289002, King County records- L' S. 27193 �` ? '�nat ; to .4 CAl1D FW C 11-21-91 PARCELL. LEG 3-2464-3806 20060420001032.r PARCEL M All that certain real property situate in the City of Renton, County of King. Slate of W ash.ington, being a portion of the N.W_ 114 of the S_E_ 114 of ,Section 24. Toumship 23 North, Rangc 4 bast_ Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S_ W, 16th Street (South 153rd St.), with the West boundary of C.D_ Hillmarn's Earlington Gardens Addition to the City of Seattle, Division No. 1, as per tht Plat recorded in Volume 17 of Plats, Page 74. Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 854 feet; thence NOG'22'03'W 15.00 ftct; thence S89°37'57' W 50.00 feet to the TRUE POINT OF BEGINNING of this PARCEL M; thence from said TRIPE POINT OF BEGINNIt,1G, continuing along said North margin S89°37'57'W 65.00 feet; thencz S44'37'57`W 21_21 feet; thence S89'37'57-W 124.11 fett; to - the Easterly tine of a parcel conveyed to the State of Washington by deed recorded undcr Auditor's File No_ 5494126. King County records; thence leaving said North margin of S.W. 16th Street along last said Easterly line N22'47'33'W 56.60 feet to the Southerly right -of way line of SR 405; thence along said Southerly fight -of -way line on a spiral chord bearing of N66'40'47'E 68.54 feet; thcnct from a tangent that bears_ N68' 17'S6'E, along the arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 03'34'27-, an arc length of"172:48:1ett; thence leaving said Southerly right-of-way lint S00'22'03"E 121.79 feet to thtTRUE POINT OF BEGINNING. CONTAINS 0.4-6 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres. Inc_, recorded in Book 10 of Surveys at Page 2, under Recording No, 7707289002 King County records_ L•.S_ 271 -o FWC R( WO 11-21-9I_ - PARCELM. LEG 3-2464-3806 20060420001 3. Legal Description of Boeing Menton Plant 20080420001019_s PARCEL 1: LOTS 1 THROUGH 13 IN BLOCK 11 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF ICING COUNTY; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 7203140338 AND 9406070575; TOGETHER WITH LOTS 1 THROUGH 8 IN BLOCK 1 OF SARTORISVILLE, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECORDS OF KING COUNTY; EXCEPT THAT PORTION OF SAID LOT 1 CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO- 7203140338, DESCRIBED AS FOLLOWS: BEGINNING AT THE: NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13.50 FEET, THROUGH A CENTRAL ANGLE OF 90°, AN ARC LENGTH OF 21.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13.50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13.50 FEET TO THE NORTHEAST CORNER OF SAID LOT I AND THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS_ BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13.S0 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13.50 FEET, THROUGH A CENTRAL ANGLE OF 90°, AN ARC LENGTH OF 21.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13.50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. - AND TOGETHER WITH THE WEST 83.5 FEET OF LOTS 11 AND 12 IN BLOCK 1 OF SAID PLAT OF SARTORISVILLE; EXCEPT THE NORTH 20 FEET OF SAID LOTS 11 AND 12; AND TOGETHER WITH LOTS 1 AND 2 OF RENTON BOILER WORKS SHORT PLAT NO. 282-79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7907109002; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON; 20060420001032.01 PARCEL 2: LOTS 3, 4 AND S IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12, PAGE 37, RECORDS OF KING COUNTY; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3: THE WEST 17.5 FEET OF THE NORTH 30 FEET OF LOT 10, THE WEST 17.5 FEET OF LOTS 11, 12, AND 13, ALL OF LOTS 14, 15, AND 16, AND THE NORTH 30 FEET OF LOT 17, ALL IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; TOGETHER WITH THAT PORTION OF THE VACATED ALLEY AD)OINING; EXCEPT THAT PORTION DEEDED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 73070904S0; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 4: THAT PORTION OF THE NORTHWEST" 114 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET NORTH OF THE NORTHEAST CORNER OF LOT 13 IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDCD IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF ICING COUNTY; THENCE. NORTH, ALONG THE WEST LINE OF BARK AVENUE PRODUCED, 185 FEET; THENCE WEST 107.5 FEET; THENCE SOUTH 185 FEET; THENCE EAST 107.5 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF 67" AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO, 7206090448; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 9406070574; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 5: PARCEL B OF CITY OF RENTON SHORT PLAT NO, 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8911149006; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 20060420001 PARCEL 6: THAT PORTION OF THE SOUTH 660 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W-m., WHICH LIES NORTH OF THE NORTH LINE OF NORTH 6T" STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERLINES OF PELLY AVENUE NORTH AND MAIN STREET, NOW WELLS STREET NORTH; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 7108190352 AND 8509130916; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 7: PARCEL A OF CITY OF RENTON SHORT PLAT NO. 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8911149006; TOGETHER WITH LOTS I THROUGH 5 IN BLOCK 3 AND LOTS 1 AND 2 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 37, RECORDS OF KING COUNTY; AND TOGETHER WITH THAT PORTION OF VACATED STREET AND ALLEY ADJOINING, AS VACATED UNDER CITY OF RENTON ORDINANCE NOS. 3319, 3327 AND 4048 WHICH, UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION OF LAW; AND TOGETHER WITH THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., WHICH LIES BETWEEN THE WEST LINE OF SAID VACATED ALLEY ON THE EAST AND THE. EAST LIEN OF SECONDARY STATE HIGHWAY NO. 2-A (PARK AVENUE EXTENSION) ON THE WEST; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 5180889 AND 9406070579; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION WITH THE NORTHERLY PRODUCTION OF THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; THENCE- SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF PELLY STREET; THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET OF SAID SUBDIVISION; 20060420001 THENCE WEST ALONG SAID NORTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF MAIN STREET, NOW WELLS AVENUE NORTH, AS SHOWN IN THE PLAT OF RENTON FARM PLAT NO. 2, AS PER PLAT RECORDED IN VOLUME I OF PLATS, PAGE 32, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION TO THE NORTH LINE OF NORTH 6n' STREET; THENCE WESTERLY ALONG SAID NORTH LINE OF NORTH 6i" STREET TO THE EASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE NORTH LINE OF SAID SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF NORTH 67" STREET BY DEEDS RECORDED UNDER RECORDING NOS. 7106110508, 7106110510, 7106110511, 8509100968,8509130916 AND 8509130917; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-A. THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING SOUTHERLY OF NORTH 6T" STREET, WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN. AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO_ 3261297, EASTERLY OF CEDAR RIVER WATERWAY (COMMERCIAL WATERWAY NO. 2), AND NORTHERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO RENTON SCHOOL DISTRICT BY DEED RECORDED UNDER RECORDING NO. 5701684; EXCEPT THAT PORTION CONVEYED TO THE BOEING COMPANY BY DEED RECORDED UNDER RECORDING NO. 5907048 (ALSO BEING THAT TRACT DESCRIBED IN PARCEL 10 FOLLOWING); SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-B: THAT PORTION OF GOVERNMENT LOTS I AND 3 IN THE EAST'/z OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST W-M., AND OF C.H. ADSIT`S LAKE WASHINGTON PLAT, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, AND CERTAIN VACATED STREETS, AVENUES AND ALLEYS IN SAID PLAT, AND CERTAIN SHORE !ANDS AND VACATED LOGAN STREET NORTH (FORMERLY WILLIAMS STREET NORTH), IN SAID SHORE LANDS, ALL DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SIXTH AVENUE NORTH AND THE WEST LINE OF LOGAN STREET NORTH; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOGAN STREET NORTH TO THE EAST -WEST CENTERLINE IN SAID SECTION 7; THENCE EASTERLY ALONG SAID CENTERLINE OF SAID SECTION TO THE WESTERLY LINE OF SAID LOGAN STREET NORTH, AS THE SAME IS CONVEYED NORTH OF SAID SECTION LINE; THENCE NORTHERLY ALONG SAID WEST LINE OF SAID LOGAN STREET NORTH TO AN ANGLE POINT IN SAID WEST LINE; 2006042000103-2_- THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOGAN STREET NORTH TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 30 FEET" NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE IN SAID GOVERNMENT LOT 1; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A POINT ON THE NORTHEASTERLY LINE OF SAID VACATED LOGAN STREET NORTH; THENCE ALONG SAID NORTHEASTERLY LINE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID VACATED STREET TO THE INNER HARBOR LINE OF LAKE WASHINGTON; THENCE SOUTHWESTERLY ALONG SAID INNER HARBOR LINE TO THE EASTERLY LINE OF THE RIGHT- OF-WAY OF COMMERCIAL WATERWAY NO. 2; THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID WATERWAY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE NORTH LINE OF SAID SIXTH AVENUE NORTH; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; TOGETHER WITH BLOCK C OF THE 3RD SUPPLEMENT OF LAKE WASHINGTON SHORE LANDS; SITUATE IN THE CITY OF PENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 9-C_ AN IRREGULAR TRACT OF LAND LYING 1N THE SOUTHWEST 1/4 OF SECTION 5, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 114 OF SECTION 7 AND IN THE NORTHWEST 1/4 OF SECTION 8, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST W.M_, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEETS NOS. 3 AND 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO, 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE 3. ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION! 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; THENCE NORTH 88051'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY 960.01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88051'05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY, 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE.SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 858.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 726.94 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF THE VACATED COUNTY ROAD NO. 376, ALSO KNOWN AS RAILROAD AVENUE, WILLIAMS STREET AND LOGAN STREET IN THE CITY OF RENTON, SAID ROAD BEING EXTENDED NORTHERLY; 200604200010t7.- : THENCE SOUTH 14'36'26" EAST, ALONG THE EASTERLY MARGIN OF SAID EXTENDED COUNTY ROAD 817.01 FEET TO AN ANGLE POINT IN THE EASTERLY MARGIN OF SAID ROAD; THENCE SOUTH 41*22*31' EAST ALONG SAID EASTERLY MARGIN 514.19 FEET TO A POINT UPON THE NORTHERLY BOUNDARY OF THE BOEING COMPANY PROPERTY KNOWN AS PARCEL V; THENCE SOUTH 66024'16" EAST ALONG SAID NORTHERLY BOUNDARY OF PARCEL V 217.51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1482.71 FEET FROM WHICH THE CENTER OF THE CIRCLE BEARS SOUTH 62°38'53" EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 316.79 FEET TO A POINT FROM WHENCE THE CENTER OF THE CIRCLE BEARS SOUTH 50024'23" EAST; THENCE NORTH 14034'18" WEST 1,546.44 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF ICING, STATE OF WASHINGTON. PARCEL 9-D AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 114 OF SECTION 5, THE SOUTHEAST 1/4_ OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 AND IN THE NORTHWEST 114 OF SECTION 8, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEET NOS. 3 AND 4 OF MAP PREPARED BY UDO HESSE, AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE 3. ADAMS, ET AL AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; THENCE NORTH 88051'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY, 960.01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88'51'05" WEST ALONG THE NORTH LINE OF SAID LOT I PRODUCED WESTERLY 761-39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE Of THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43'06'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS, AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 607.89 FEET TO THE TRUE POINT OF BEGII`INING; THENCE CONTINUING SOUTH 46052'27' WEST ALONG SAID INNER HARBOR LINE 250.62 FEET; THENCE SOUTH 14'34'18" EAST 1,546.44 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1,482.71 FEET FROM WHICH THE CENTER OF THE CIRCLE SEARS SOUTH 50'24'23" FAST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 132.81 FEET TO A POINT Of COMPOUND CURVE OF RADIUS 2,052.27 FEET FROM WHENCE THE CENTER OF THE CIRCLES BEAR SOUTH 45916'28" EAST; 20060420001 THENCE CONTINUING ALONG SAID RIGHT-OF-WAY MARGIN ON A CURVE TO THE RIGHT AN ARC LENGTH OF 214.91 FEET TO A POINT OF TANGENCY; THENCE NORTH 50643*32" EAST ALONG SAID RIGHT-OF-WAY MARGIN 159-90 FEET; THENCE NORTH 20038'24" WEST 700.81 FEET, - THENCE NORTH 46053'04" EAST 215.00 FEET; THENCE NORTH 43006'56' WEST 713.87 FLU TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF'WASHINGTON. PARCEL 10: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF COMMERCIAL WATERWAY DISTRICT NO- 2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO, 3261297, DESCRIBED AS: BEGINNING AT THE SOUTH MARGIN OF 6'" AVENUE NORTH AND THE WEST MARGIN OF LOGAN STREET NORTH; THENCE NORTH 69034'11" WEST ALONG SAID SOUTH MARGIN, 674.91 FEET, TO THE MOST NORTHERLY AND WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED UNDER RECORDING NO. 5701683, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89*34'21` WEST, ALONG SAID SOUTH MARGIN, 441.54 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COMMERCIAL WATERWAY DISTRICT NO. 2, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 211409; THENCE SOUTH 12047'42" EAST, ALONG SAID RIGHT-OF-WAY LINE, 328.72 FEET TO THE INTERSECTION WITR A LINE PARALLEL WITH AND 320 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH MARGIN OF 6" AVENUE NORTH; THENCE SOUTH 89034*11' EAST ALONG SAID PARALLEL LINE, 366.34 FEET; THENCE NORTH 00025'49" EAST 320.00 FEEL" TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, PARCEL 11: THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST 114 WITH THE EASTERLY MARGIN OF PARK STREET, ALSO KNOWN AS SECONDARY STATE HIGHWAY NO. 2A; THENCE SOUTH 89028'19" EAST ALONG SAID SOUTH LINE 771.21 FEET; THENCE NORTH 00031'51" EAST 253.23 FEET TO THE TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT OF RADIUS 850 FEET; 20060420001032.--_ THENCE NORTHERLY ALONG SAID CURVE 274.82 FEET TO THE POINT OF TANGENCY; THENCE NORTH 17059'39" WEST 1484.81 FEET TO A POINT ON A CURVE OF A CURVE TO THE RIGHT, SAID POINT BEING ON THE SOUTHEASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD; THENCE SOUTHWESTERLY ALONG SAT CURVE TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT FROM WHENCE THE CENTER BEARS SOUTH 49°18'19" EAST 268.67 FEET; THENCE SOUTHERLY ALONG SAID CURVE 250.57 FEET TO THE POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE EASTERLY MARGIN OF SAID PARK STREET; THENCE SOUTH 00057'41" WEST ALONG SAID EASTERLY MARGIN 1581.30 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION FOR PRIMARY STATE HIGHWAY NO. 1 (SR 405) NORTH RENTON INTERCHANGE AS CONDEMNED IN ICING COUNTY SUPERIOR COURT CAUSE NO. 656127: AND EXCEPT THAT PORTION(S) THEREOF CONVEYED TO THE CITY OF RENTON FOR PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 9703181422, BEING A RE-RECORDING OF 9612120855 AND RECORDING, NO- 8811150482; TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOULEVARD; AD)OINING, WHICH - UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 12". AN IRREGULAR TRACT OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, INCLUDING, WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS AS SHOWN ON SHEETS NOS. 3 AND 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSF NO. 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE 3. ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 88051'05' WEST ALONG THE NORTH LING OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY 960.01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF TH E NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88P51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSFCTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 607.89 FEET; THENCE SOUTH'43°06'56' EAST 713.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 43006.56' EAST 220.00 FEET; THENCE SOUTH 46*53'04" WEST 220.00 FEET; 20060420001032:0- THENCE SOUTH 310'37'23" EAST 44B.22 FEET TO AN INTERSECTION WITH TI4E NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE ALONG SAID MARGIN SOUTH 50'43'32' WEST 174.00 FEET; THENCE NORTH 20038'24' WEST 700.61 FEET; THENCE NORTH 46053'04" EAST 215.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO PUGET SOUND POWER & LIGHT COMPANY BY DEED RECORDED UNDER RECORDING NO. 6812140277 AND FURTHER DELINEATED AS PARCELS C AND D ON CITY OF RENTON LOT LINE ADIUSTMENT NO. 004-85, RECORDED UNDER RECORDING NO. 8808309006; TOGETHER WITH THAT PORTION KNOWN AS PARCEL E OF Cr Y OF RENTON LOT LINE• ADJUSTMENT NO, 004-88 RECORDED UNDER RECORDING NO, 8808309006, DESCRIBED AS: BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING; THENCE SOUTH 43406'56' EAST 3.86 FEET; THENCE SOUTH 14'36'26' EAST 244.B7 FEET TO THE TRUE TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 14'3WZ6' EAST 345.29 FEET; THENCE NORTH 31037'32" WEST 309.63 FEET; THENCE NORTH 46'53'04' EAST 103.03 FEET TD THE TRUE TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 13' THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E_); TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 IN SAID SECTION, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND THE WESTERLY MARGIN OF PARk AVENUE (LAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 FEET TO THE TRUE TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY AT RIGHT ANGLES THERETO 10 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID GOVERNMENT LOT; THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN; THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING; 20060420001032._-. EXCEPT THAT PORTION THEREOF CONDEMNED FOR SR 40S BY KING COUNTY SUPERIOR COURT CAUSE NO. 656127; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR WIDENING OF PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 9703181422; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, PARCEL 14: THAT PORTION OF THE BURLINGTON-NORTHERN INC. (FORMERLY NORTHERN PACIFIC RAILWAY CO.) IOO FOOT RAILWAY RIGHT-OF-WAY IN SECTIONS 7 AND 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING BETWEEN THE NORTH MARGIN OF NORTH 4TM STREET AND THE SOUTH MARGIN OF NORTH 6"' STREET; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 15: THAT PORTION OF THE BURLINGTON NORTHERN INC.'S 100 FOOT RIGHT-OF-WAY FOR ITS BELT LINE IN GOVERNMENT LOTS 1, 2, 3 AND NORTHWEST 1/4 OF THE SOUTHWEST 1/s OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W-M., AND GOVERNMENT LOTS I AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION OF THE NORTH LINE OF 6"" AVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY AND RADIALLY TO THE MAIN TRACK CENTER LINE AS NOW CONSTRUCTED FROM 'SURVEY STATION 1068+00 IN SAID CENTER LINE (DISTANT 40.8 FEET . SOUTHWESTERLY, MEASURED ALONG SAID MAIN TRACK CENTER LINE, FROM THE SOUTHWESTERLY END OF BURLINGTON NORTHERN INC.'S BRIDGE NO. 3) AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIALLY AND AT RIGHT ANGLES TO THE CENTER LINE OF TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT 25 FEET NORTHWESTERLY, MEASURED FROM THE SOUTHEASTERLY RIGHT-OF-WAY LINE AT SURVEY STATION 1074+00; THENCE CONTINUING SOUTHWESTERLY AT AN ANGLE TO THE RIGHT TO A POINT ON THE NORTHWESTERLY LINE OF THE 100 FOOT RIGHT-OF-WAY OF BURLINGTON NORTHERN! INC. AND SOUTHEASTERLY OF SPUR TRACK HEADBLOCK STATION 8+85-5 THE END OF DESCRIBED LINE AND END OF DESCRIPTION; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON 20060420001032.=^ EXHIBIT E Reserve Account Transaction and Status Report 20060420001032. . , I.. EXRI<Brr E Longacres Prepaid Trips Reserve Account Transaction) and ,Status Report The agreement entered into by The Boeing Company ("Boeing") and the City of Renton ("City") dated concerning the extension of S.W. 27th Street (also );mown as Strander Boulevard) across the Boeing Longacres Office Park ("LOP") property ("Strander Agreement") includes a provision for the establishment of a Reserve Account for the total number of LOP trips represented by the transportation mitigation fees satisfied under the Strander Agreement ("Prepaid Trips"). Prepaid. Trips means the number of average daily trips to be generated by full development of the LOP that were estimated in the Environmental Impact Statement ("EIS") Mitigation Document for the LOP, issued in May, 1995 (27,000 average daily trips), less those estimated trips for LOP development projects for which transportation mitigation fees have been paid to the City.l As of the date of the Strander Agreement; the number of LOP Prepaid Trips was 23,970 average daily trips. The Reserve Account was created upon dedication by Boeing of the S.W. 27th Street extension right of way, with an initial deposit of 23,970 Prepaid Trips. Boeing may at its sole discretion withdraw from the Reserve Account all or a portion of the Prepaid Trips, to be credited against and to constitute full payment of the City transportation mitigation fees for the equal number of trips generated by development of any property within the City of Renton} that was owned by Boeing on the date of the Strander Agreement and that would otherwise be subject to the City transportation mitigation fees_ This Report, in form and content as depicted in this Exhibit E, shall be used by Boeing to report a transaction to withdraw, designate, or assign trips in the Reserve Account and by the City to record and acknowledge such transaction. Boeing sha I I submit the Report to the City at the time of a planned withdrawal. The Administrator of Planning, Building and Public Works shall acknowledge the withdrawal and designation by signature. Copies of the Report shall be placed in the City's project file for the receiving project and for the LOP Binding Site Plan, and a copy shall be provided to Boeing. Date Number of Trips in Transaction City File Number and Location of Receiving Project Balance of Trips After Transaction Acknowledgement of Transaction and Balance by City of Renton Dater f 23, 970 ,LOP Binding Site Plan, .Longaeres 23,970 G. Zimmerman, Admin. 1 Boeing paid transportation mitigation fees to the City at the time of development of the Boeing Commercial Airplane Group Headquarters Building (2,100 average daily trips) and of the Boeing -Renton Family Care Centre (930 average daily trips). The original 27,000 average daily trips for LOP, less 2,100 and 930 trips for which fees previously paid, equals 23,970 average daily trips prepaid under the Strander Agreement. 2 The initial transaction date, on which 23,970 Prepaid Trips will be credited in the Reserve Account and documented in the LOP Binding Site Plan file, will be the effective date for the Boeing dedication of the S.W. 27th Street right of way. plc BOEING LAKESHORE LAUDING 2 BINDING SITE P"N SE 1/ SEC7, 7 TVVP. 23N., RGE 5F., W.M. S W 7i4 SECT 9 7,VS 23 N., RGE. 5E.. W.M, CITY OF AENTON, KING COUNTY, WASHINGTON DECLAi?A TON !:xOw Al PEOPLE Br TNES£ PRE�CU-15 TIA i'MC, :SNF VNDEPSrGNfD PWN1fR5 D£ wTFRCSTI:v1 TIE LAND HEREIN DLSCRINED 00 11E'R£BY MARE A�5-C 5R P-1 PURSMANT TD CNAPTCR R-C,w AxO OFCLARC SHE DwD'IVL S+IE PLAN TO R_ A,GR me RCP1d ArvO S'-p.DT TNAT Sw N TA:R DESIRE x o-EIS SaiuH£F IN 'M 7NE55 VVHEP--'J� WE SE7:00R HANDS -,4ND S�ALrs: 111E BDE A 0:OORROR0. RON -. 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PIY ItT yr _ ��C V+SIGH ck"p FPV4 a�h'TOh, !."NG N'A SH.'NCi 0.V 13�7_[. f PROJECT NO, gifn W!NG FP.F NAMF: - l L N';'A 32614 326T4-SURV-8SOT,DVIG INN 21 11aT �00,2154 "Tow BOEING LAKESHORE LANDING 2 RINDWO SrTE PLAN EF lid SECT 7, 7ViP. 23N.. RGE. BE., W.M. SO' ':a Sc CT a. TWP 23 N., RGE, 5E. WM CITY OF RENTON, KING COUNTY, WASHMOTON 57M CIS, M� 51-VG�S -;;E DEC- IES nT RC.� 2mmo- luWR -SVs c- ED ANL ACJAGQST 4. EY MoNukrIls; -0- 0', SHE7 TCP aA1;r1,E wT,WN THE ps,:m i, '0'fA q4W IS' BRASS CAR m SM —10 4' X A' �-CM k��, / � COPPER- I Ll-_ S- 1/1 d-2i TACK ml 11RON-, CISE tA5E ENT NO J432122 . N. 14 Arrc GTT OF RrNTVQ P"AT CC. N0. LOT 5A a lea) ores 42.2 _J LOT 5E ft. e co..�,Ap�s LME SECT.1 In 125 S' 2 .21 !7961T 59�29C,Ao 01' �2 LIT. Z ,1 , 6 2 72 Is L,TvTY EWI: ar 00"-77 -a n ; : 47 R L-2 so '26 :s, JIC LOT 7A LQT5D fbT 513 LOT $C, Ir ------ 87.027 sp, pt. ajri 21 D.M L 47.JiL 11A, 9 C-T 05.3,N89SP 1. iE SCALE 00 20� 79 5 50 —I.M I FEET 3S I NcH 100 Fr 7 A' I M, m J 09]-ag" S ki IX50 ja, 49 1" 10' POWER 'ESAIT N Cth St. �-7�:MoEvl T. S8;,2s5d1r sa c- OC REuraN ¢ I z I W z SX3 aNvmc- 7-9 ,1025 r.J-zj:.q L UA - 0 7- 0-478 - HS p LND- 51 OL SJCNV L, CHECKED 51 150ENG REALTYCOMPANY 0;?A�N E?y _CPC OPPIIONT:l Dy riry OF RENTON LAST EDIT. BQQZ PL01 A I LAKLSHORE LANDING 2 BINDING SITE PLAN mi wwF a 325 " _uo 9E SH`r9'19'£ z9-is- V k90EWALN £S.I AeY W LMA r1 A m EEu1$ w �r d9Ltl29Nal PARR AVE. N 911I2F05]J h 9A I}2S0N6 S00'59'JI�W � 1793 J9' (mp5T 59T HUS 79Pf1Jf 9nOJJ � - mlfNraJ'S��[ N693F'.s�Y 9m.D.7 MA 11R ESMI .F d911p9p A 71 (nH97A'17"s 10' E(£G. ESM7 1 .Vmlrc f.W i, AF )so4a/039s S1d12b2 "IY aA9'LF'J6' R-7FJp' llA-Opd-eBJ AE 99pH]00]dF �. �- NLY ESMI, AF jff r9195 �'� a y 21.4' �kb' Et p.J Q uOn1r��0A 11III�_�Y r In C map 6 .',Sorbs f0 Y W... err ro ` n _ _ I avr w rN R x,a Pff- NOS F9Cs3r9IXVl,. -� -- GAROEN AVE, N car " 4� REQm FARM AMEAG�- 5''v. 12/37 a FA L- GI.CCK- ao f n; c`ot r•tb cYt r � c s ,�� to a "�' 8 -,'m1iJ n ae� Ygt�i rr.��aYi �x6tipR y '.A -. in"-����-�'��,$I�`a-�ia��S�oNYBnn� -- CTd Z '• 'F� �w�1�M; v$p�L�F:e �w?tp_toi �I" {y a]'. �r�i w N 0>ATR C 6 0 0 0 0 Vv p k ; a- S TV.s Z a r➢-$rpiA Mmy w ''tA. o - b_� Tat 2���hyy➢ ois v$ &�� 20080111 Oo122o.--: After Recording Return to: --3 /'ter, /.1,0 25crrh.4" // wr9 9s6.D-/ CLAIM OF LIEN Grantor (Owner of property whose property is being liened): Grantee (Name of lien claimant): —l-t c j �h f t_/tt,G �� � �i � . 7 Abbreviated Legal Descriati€►n: rwj tG ntr � S S ' ��.�z,o� �.i Bt x, ...r . - - Assessor's Property Tait Parcel/Account No.: 6.7 •�,�US" ` chY7 Notice is hereby given that the person named below claims a Lien pursuant to RC W Ch. 60.04. in support of this Lien, the following information is submitted. L Name of Lien Claimant-- _ Address: L t.. ' if � l me 5f r y t r1� �'L '5;�ko� Telephone Number. �- 2. Date on which the claimant began to perform labor, provide professional services, supply material or equipment or the date on which employee benefit contributions became due: 0C1 f 2-007 3. Name ofperson or contractor indebted to claimant:r7�n� 4. Description of the property against which a Lien s 5. Name of the owner or reputed owner: b. The last date on which labor was performed; professional services were furnished; contributions to an employee benef t plan were due, or material, or equipment wasfurnished., Qc�t7- i � p 7 7. Principal amount for which the Lien is claimed is. $ 8. If the claimant is the assignee of this claim so state here: ® No ❑ Yes. State name of Assignor_ Appendix 11 20080111001220.0 ". CLA LHAN T'S A TFES rA MON STATE OF WASHINGTON ) ss. COUNTY OF ) _ rr V 44 /h of y tl ; Ding sworn, says: I am the claimant or a persons authorized to act on behalf of the claimant, l have read or heard the foregoing claim, read and know the contents thereof, and believe the same to be true and correct and that the claim of Lien is not fr' o otr d is trade with reasonable cause, and is not clearly excessive under penalty of perjury. n pry Name abdlitle of Per*oViilping for Claimant ACKNOWLEDGMENT OF INDIVIDUAL CLAIMANT'S SIGNATURE On this day personally appeared before me to me known to be the individual, or individuals described in and who executed the foregoing instrument, and acknowledged that the above claimant or person signing for said claimant signed the same as his or her free and voluntary act and deed, for the uses and purposes therein mentioned Given under my hand and official seal this day of , 200T Print Name: NOTARY PUBLIC Residing at: My commission expires: ACKNOWLEDGMENT OF CORPORATE CLAIMANT'S SIGNATURE On this day of c%. rRs , 20 6�e before me personally appeared to me known to be the sident, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the corporation that executed the within and foregoing instrument, and acknowledged said; instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that any seal affixed hereto is the corporate seal of said corporation. In witness whereof I have hereunto set my hand and affixed my official scat this day. (Signature and title ofofFcer with place ofresidenee ofnotary public). $ Print Name: OMNI, 2IOTARY PUBLIC �'�" Presiding at: .Cf�G -'Ul1.%4 : g My commission expires: wh_0 Appendix 11 G.n ucr.Y �.sy,eo 20080111001220_- _: LEGAL DESCRIPTION POR SECS 7 & 15.23-5 & POR TOBFNS D C INCL POR PLATTED & VAC STS LY WILY OF COMM W W 0 2 N OF N LN DIXIE AVE & ELY OF STATE HWAY# 5 8 ELY & SLY OF FOLG LN BEG ON ELY MGN SO HWAY AT PT 5 FT S OF N LN OF LOT 8 SLK 18 BRYN MAWR TH E 89.23 FT TH N 05-16-51 E 438,90 FT TH N 40-09.47 E 188.55 FT TH N 60 FT TH N 29-00-40 W 197.07 FT TH S 88-27-28 E 9D.83 FT TH N 01-32-32 W 40 FT TH S 88-27-28 E 234.53 FT TH S. 35-00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22 INCL BLK 4 RENTON REAL ESTATE COS 1 ST ADD LESS PORTION FOR LANE HANGAR CONDOMINIUM 20080118001094.:: After Recording Return to: Linville Ursich PLLC Attn: David Linville 800 Fifth Avenue, Suite 3850 Seattle, WA 98104 20080118001094 LINVILLE URSIC L 44.0e PAGE001 OF 003 01/18/2009 14.18 KING COUNTY, WA AMENDED CLAIM OF LIEN Grantor: THE BOEING COMPANY Grantee: STRAIGHT LINE STRIPING, INC. Abbreviated Legal Description: THAT PORTION OF GOVERNMENT LOTS 1 AND 3 AND SECTION 7; AND OF GOVERNMENT LOTS I, 2 AND 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, KING COUNTY, WA S HINGTON FOR FUI.,L LEGAL DESCRIPTION SEE ATTACHMENT A Assessor's Property Tax Parcel/Account Nos.: 07-2305-9001 08-8660-0050 08-8660-0060 08-8660-0190 Original Recording No.: 20080111001220 Notice is hereby given that the person or company named below claims a lien pursuant to RCW 60,04. In support of the lien, the following information is submitted. Name of Lien Claimant: Address: Phone Number Straight Line Striping, Inc. 23413 91" Place West Bothell., WA 98021 (425) 486-3765 2. Date on which the claimant began to perform labor, provide professional services, or supply material or equipment: October I't, 2007 2008011 s00109A. 3. Name ofperson or contractor indebted to claimant. Millennium Building Company, Inc. 4, Description of the property against which a Lien is claimed: IN THAT PORTION OF GOVERNMENT LOTS 1 AND 3 AND SECTION 7; AND OF GOVERNMENT LOTS 1, 2 AND 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION S, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON FOR FULL LEGAL DESCRIPTION SEE ATTACHMENT A 5. Name of the owner or reputed owner: The Boeing Company 6. The last date on which labor was performed, professional services were furnished, or material or equipment was furnished: October l e, 2007 7. Principal amount for which the Lien is claimed is: $4,221.70 CLAlhfANT'S VERIFICATION STATE OF WASHINGTON ) ss. COUNTY OF KING ) David E. Linville, being sworn, says: I am the claimant or attorney for the claimant above named; I have read or heard the foregoing claim, read and know the contents thereof, and believe the same to be true and correct and that the claim of lien is not frivolous and is made ,with reasonable cause, and is not clearly excessive under penalty of perjury. f ? David E. Linville, Attorney for Straight Line Striping, Inc. ACKNOWLEDGMENT OF INDIVIDUAL CLAIMANT'S SIGNATURE On this day personally appeared before me David E. Linville to me known to be the individual, or individuals described in and who executed the foregoing instrument, and acknowledged that the above claimant or person signing for said claimant signed the same as his or her free and v rry act and deed, for the uses and purposes therein mentioned. Given and y hand and official seal this day of January, 2008, ter_ b Pran N c: Inga R. Bachtcl NOTARY PUELIC F '• p �LIC Residing at: Seattle, WA My commission expires: 01-17-10 _ Ufi ASK%Np�rrt► 20080118001094_ ATTACHMENT A PARCEL NUMBER LEGAL DESCRIPTION 07-2305-9001 THAT PORTION OF GOVERNMENT LOTS 1 AND 3 AND SECTION 7; AND OF GOVERNMENT LOTS 1, 2 AND 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TO WNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON; AND OF C-H. ADSIT'S LAKE WASHINGTON PLAT AS RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; AND OF BLOCK C, TAIRD SUPPLEMENTAL MAP OF LAKE WASHINGTON SHORE LANDS, AS RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 5927582; AND OF CERTAIN SHORE LANDS OF LAKE WASHINGTON SHOWN ON SHEETS 3 AND 4 OF THE MAP PREPARED BY UDO HESSE UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 156371; AND OF VACATED LAKE WASHINGTON BOULEVARD (FORMERLY PARK STREET); AND OF THE ABANDONED BURLINGTON NORTHERN INC. RAILWAY (FORMERLY NORTHERN PACIFIC RAILWAY) RIGHT-OF-WAY 0$-8660-0050 LOT 5 BOEING LAKESHORE LANDING BSP LESS POR PER DEED 20061212000338 �$-�664-Op�� LOT 6 BOEING LAKESHORE LANDING BSP LESS FOR PER DEED 20061212000338 08_8660-0190 LOT TRACT P BOEING LAKESHORE LANDING BSP LESS POR PER DEED 20061212000338 BOEING LAKESHORE LANDING 2 SINDINO SITE PLAN Sc 114 SECT. T, Tl4NF. 23N., RGE- 5E-. W M- SN irs is CT. 5. TVIF. 22 N., RGE. SE.. W.M. CITY OF RENTON, KfNG COUNTY, WASHINGTON ')Fa A#anom -0- ALL PEOPJ RT TNCSC PREST2.'I5 NA I. ME..;TNE --TAR `NED DWERS Or rN-RES'i ll: THE IANO NEIPI DCSCI.a9ED DO -.EaY uAlE +� A.D NO SITE R:AN PLRSy'ANI ID CH4PIE. Sd,li RC N AND OEGLARE 1NE NWOwS srlE PLdN TC of A,. 4n.^ aERAIES is IIP'+.:,Y eND 1NAT SAID N 91TE P1lN IS MADE 1NF FREE Gq''U ,ALD w AE_ORD4NeF'�,'MT', •4E DESIRE W TNE';DNNERS, IN mTNEss WHEREOF' WE SE7',Ou4 HANDS 0.ND SiAL5: Me arxRFC7� w + yd{E'.cplRaRanDN RY 1+�+ems SgLwS+�E.� IZ-77- Zov OA F WHEN REC 09DaD R=TJiN TC PI1k» 19111e cm• Cw� P.-, c7ty Ha ,D$5 SoMh OIARy Way R.H., WA PDOW r EGAL DFSCRIP nON OF E1fISTING PARCELS: (FIRST a kcn N TIT_E WSURANCC CG TANY £DMMr1LNENI NO. NCS-2392DT-w+7, P-ED FFMUART A 2007) PARCELS 5. C AND E ARE NOT A PART Or T:n'3 aMWC S,TE PLAN. PARCa A-1 LOT A PLY OV RENTON SNORT PLAT NUNRiP DRS-99, RFCORDM NOVEMBER 14, T9a9 I INVER - COUNTr REC0. NNG NO. 99:1149006 OF OFFICIAL RECDPDS: EXCEPT THAT PORT- -W TIED 10 THE CTr OF REN TON Br WIT L A. DEED RECORaM NOWE ER 9, 19S9 u FP RECORDING N0. 69fI0 .73 Or OFFICIAL RECORDS IN Kl G COUNT,". NA NOTON ALSO ETY£P PNG •NfaEFApu THAT .T1ON CONWE TO THE 611 DF RFNr RY DEZ RECDROED aucusT .7, 2D06 UNOfR RECORDING NO 20 W11000T1a W KWG COUNTY. w+sRlNc rpN PARCEL A-2 '015 ,. Z. 3. 4 AND 3, 810- 3 RFN10N FARM ACREAGE. ACCORDING TO THE PLAT TNFREOF RECORDED W WLUME 12 OF PATS. PAGE 31. IN KING COUNTY wA5NR1CTpN: EXCEPT WrRErRLM1 THE NGRIN 30 OR FEET CP SMO LOT 1 OONVFYFR TO THE C'TY OF PE.101 FOP 5TREE1 PURP05'E5, UNDER R£CORDWO NO. 5130E99 OF OFFICIAL R£OORDS. �EXCEPT THAT PORTON CONLETED 70 NE CITY OF AEIITDN 01 THAT fNSTRUMENT RECORDCD OECEMa£R lz 2006 UNDER RECOPAKa NO pDD612120DDi1R, IN ANC COUNTY,-sNINGT?Y. TOGETHER N'TH ENE NORTH HALF OF VACATED NCR TN ]D! STREET AD.• -C AND THAT PONUON OF ALLEY AL.4'N PN THE NEST AS VA-TED LNp flit OF RENT'JN ORDW-CC NO. 3319 ANO REGORGED uA. 21. t9T9 UNDER kWq COUN-Y RCCDROING N0. N05210642 OF M1 O& RECDRDS W RING E ".. 1LAS-SlON. T'FIL-NORTH 300.00 f.EEi OF, :SVI,E EAST 100. pJ FEET P" Mf NORTrAf'Sr DL'+RTTR 0% FlrE STATE q CALIISAt- ) SOUMAE5T OVART{R Of 5£C ION 2, 10-N5 21 NOR iN, RAUCE A EAST, NILUNETTE 55 NEPID:'aN, IN xTNR �CaUNrr,,' wAAHINCTON! COUTfTY LOS AUOEI.ES ) EXCEPT MER£fROM 7fIE yORry Bp. DU F"7 TNEREOF. OONATEO TO THE C- OF RFNTON 5hf I PDRROSES SANDER R DDkOWG 11M9FR SIA( g OF DFFICIAL RECORDS: OAITY Lf...A.r lT 20DIL BEYL+tE uE. M �+F1 SL- NOIAPY PfJ,iDC. PF7SVrv111r: ' +is➢ E*CEPT T1f1'REjROY TNAT PORTrOV THEREOF LING H1 TRW RI£ XEST 10 p0 FEET OF AlPORT,oIIa� wORTh ]OO.00 FEET LYWG sOL'1NER�r pF ME C'Tr oT sFA TIYF PEA A,r xwOwn YO uE (OR P CD Z TO NE ON r'HF 9<5'E _ . :�RTAu5vrS5,pf LNE RiCNT-DE-wAY, NMCN WAS DEEDED TO T"C CTr OF RENTGN dY GEED 'RFCdRD£D OF SA iSF'~CTORY ENOEN CEJ TD HE TRf PERSUN IM+OSE NAM, IS SUOSCM13E0 TC INE N N W,:NLiuEu: Aw,: 4k➢ER REgbRwNG NO. ]5252]5 OF 0.'FOI+L AECOaUs ACNNDM,.£00EO TO NAf n AT NE fa'ECuTEO ME str W SNGNANR£ ON NE NNSTRUMENT nfE PEP.50N DA 1N£ Eh'nTY rnS AUTHGIfZED CAllTr, ANDT-1 ar As - UPDN' aENALF qF xm'CN 1NF a,Ps::.N AC"_,:. .Ls6'EXCEPT TNEAEDROM TNAr PDRDON MNICN NAS DEEDED 10 T r CITY OF RENON' Dr PEED 110b DED .u11E T, 199}-F1A'OC4 RECOIIDING NO 9i060iJ319 0% OrnOAI aI DRJS ErELU zD THE INSTRUMENT. ' ALSD EXCEPT I.AT PORTIOV'cONUE TiO'-70, THE Prr PF RCUTpwNT `HAT MSTRUM_NT RECORDED DECEuRFF 12 20% UNOF.O RCCOROWG NDl; 20061212DOOTvw N•.-it1Ny COVN'rY, NASNM'GTON. u MOSS ur NArFD AND O (PAL Sf AL '� �-�..�,�,��._ y ']AV1'TY D. Fiilz= LOr6 i NO DF LD t F q#/STuCNT d COg-68, REC'lR➢r0 Ngt£MBER 16. 1P8a "NSER RrC DING Nq aa1i169b , OF 0 C L REL1P'+DS X+ NNN OD-Tr-SkrNGTOM, PARCEL A 5 . �'''. .-L- O.rM ;'•01 I. R(DG t:`RFN fON F.A. ACREAGE AOw DON, AGL.DWG.7D TN£ PLAT T C-COF' .RECORCEIS W AkWIE TZ OF-ftAT$ PACE 31:; IN kwq UDUNTY,' NA3NINGTON '-TRGET?SEA MIN DIE SPIITN HALE V VACATEp NORR rTN SMEDT AD.GINING. As VACATM uWC GTY OF RENrpr- GROWANCE NO. SSxI: AL50'7GGETNEA Ni TN LNA1 PORhary 0'' Ar,FEr AD,OWWL ON NE NEST, VACATED LNDEN CrTT OF RCN,ON ORAWIN[{: ND. 4048, AryD AMIMOM VAgCk It, 'M7 UNDER RECORDNG NO .76VTO3is OF OFFICAL RrCVADS. PARCEL A-6 LOT 7. BLDCk F, REN TON FAP1.1 ACPEAGE ApOl IICAL AGCORwNG I THE RLA' NNEPED RECORDED NI WJI.VME 12 OF't,M PACE N. W 11 GPUA'11, w+SNWctt1N, TDDETNEP x1 OR TIaY;QF ALIEV AD+OWIN- N THE NEST, VACATED UNDER CITY OF REN'0N ORMNANCE N0. 404 :AND R€CORDED 1MURCN TT. 1957 VEA RFCORD'NL NO APPROVALS.' 61G31105Ta OF OFFIL,AL RECOAOS- CfTY OF REN'TC3N ADMfN157RA74R O PLANNING-1:6UILDWC / PUL3LIC WORI(S LOT 5 AND MAC7 P, SD£fNC LAKEYMDRE L"MkC, A RINDRNG Srrt PLAN PrCORDED ZG D<GeM irf s Z'D7 OEGEMR�y3,� R[YORDWG n0. 2004122J000a5a, lu VOLVUE Z25. PALES XAu 0 ... ARRR0-S$ER RCN Sa,, 1.16J (11' 1N'S E/ - Ar __. Of PADS EXCEPT THAN PORnON CON,ETEO TU THE Cl- OF PEN- sr THAT INSTRUUENT RECd DED DECEMREP I 20M UNDER RECORDG NO 2006121MOOSM. W KING COUNTY. WASH WDTON. AOUNN'S'RA 10A- CITY DF RENIGN KING COUNTY DEPARTMENT OF ASSE=5SMEN 75 ENAURNED A" APPRDVEJ -Nfs -Lla -DAY nFl-.(LHI.,fl,l aa. 20. t N ble -&z&:,.�1� 'LNG COUu1r ASSessOR DEPUTY K1NG CO -TT A55LSSOR ACCOUNT NU.BER: 06966L -OOSO, 721300-0105 KINCP COUN' Y rNANCE 1,10SIM4 GETZi1Ff,A7l ClQ J NIAIpy Gf1trI7 TM4TAAr=L4fIRR1�7 YAICi 40E P•4R IIE�A.I 'ifiLSF'�6N ... FJO[>•FE�Tb'rhbMG �R�yF�o�RLECLP4ulpXyirtwl ARP A111_3/iQAL Ca1N�Pri "Ylus C1544E FwC %tJsei� �Jcr,.�.lif[ l.JfixC. 7AS-- 4GfoR ilY onrre N 1 Sam• i w , r LAND SURVEYOR'S CFRTIFICAM r NEREal CERTIFY THAT TNS AWDINS y1£ PLAN - UDC-L-ESNORC 1-- --M '��Ll N ACTUAL -ARK AND SUSO-ON OF SE--T t a, TOPNSNIP 3J NORM. RANGE 5 EAEI, N_LaN£TrC MERIw ANMY LHE COirA S£5 AND wsraNC£S All 5NONx PORREC rL T TNE1Ec�r. :'R CSIONAL LAND SJR'+F L FICA7,_ NO ]Jtae n y. •G7 rA•7op LUA--07-04B-9SP LmD-33-0076 Kim 2 p111TT�;�.- �R666Nrex PLR, u-M uOL ux�'.•.,1� OF P.Ars..-:;;: ° RIrW1iEIMdTFrt.X O[iliNEi13Y' - Clril,,r, TY - ROEING REALTYCOMPANY R?L ti� r_•i{ -LUA�_s�r.IF: ..LI_TIi; _Y_. I-!i.Vr _7_- 3 i2rVo:.{.rIppr1a _-',�24/k.^."r��/iP-PiR ,✓^r t•. l;�,qIv - WASNwGi 0.V .�ay0PsN+-eIn1wPL A ;6RAnRpY LAKFSHORE LANDING 2 B)NGING SITE PLAN ?OJE--T q0IRANjN; FII.E NAMCP32fo. nYTI.II.:P.Ta9k.R.�9.12s J7614-$LfR V-9501,p15Y. s BOEING LAKESHORE LANDING 2 BINDING SITE PLAN SE VA SECT 7, TINP. 23N., RGE. 5E.. W.M. SV: ve SECT. 8, TVJP 23 N.. RGE SE W.V, HQRI N7aL aArUM: CITY OF RENTON, KING COUNTY, WASHINGTON NA@�0�s1) wasw,HclCd .sr:it:calxnlHA rr srsr£r. 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CONS MOH Md+ CNr?!N CA5E N'/ DPPER R,N w/ COPP_R wN AT �ONL NRNC m'1EASEcnDN REF,�RENCES DNUME.T ur rN cAs{ M IBjj%98226 ;. . _ clrY Or RENT- p OP7 wpT 0,-056 AnCCIXC AS LiN,ER pr I E.136i961•!0 L�,.gOE NC PARCEL ]d SCCADN 6-23-3 'AEC No 2001,2039000" N ra3a2."50 1303A96. 907. 2 :xCCWD a Suq y T➢Og7:9N.r. s SNOwN GN RCr. lO JI{I! _ D NOR,ON DENNIs s a55LC1A} S . RC f I94 Fn F,v ALRY� ACE 'S PLAT of REN700 rARN ACREAGE i v7V.'.72i37 YDL +2 0 PLATS, P 32. �'��'r' 2 .'• A .Or LINE ADJJSTIEW LEA-Ond-RR, II R£c. NO "a ... 69001 5. PrV Ck• RNTOm SHORT PLAT j SP±D93 89. REC::NO R9+rrisocfi g REC _RASL Mc NBNCJ AGREExfEnL75' n;Lf NSUFANC£ LOMPANy'CDuu!!M£NT NCB-2J622,- 1, DAr£D F£6RLARI 2 ZOO F) U 6 TO' 5l.' TRAIT CASENEN', . •N0' ]z]sa0l; NOT PL0iT3T! (rec�vLilGfi-li'fNFr6MLi'ROrr VN pFScx.FnpN. SPJfj TnACr ND :OMCER erisTs) 9 A n "if�r- a 5lDf wAr.K EASCNENTS, AEC. NOS li32,.20 & 3a3212iD �w. rrs Ei5fYENr, RrC. N0. 5432122 2 ulNi Rn: PESER•rA DON' 5Y F;CAEiL LOAST RAµROAO DOJAPANY, RrO. u0. A562S{O (£ aL02 'A) REC 10. 31J 4.5. i 5 r +' S 1rR C S f T. R[C N0. 5A5301] rV]LFUFi"FrCKNT fW"DAMn T10r. rN, DOCl/MEN? TO DE'rERufNFAW.r ) $-, 3 1C' r .45E a EG NO 39 9193 ., 16 0REp. [ 5 ( 4- 0 E276239 a M 1 ,. 5 ASC CV-C NOS 7371290292 Y 77DW20569 ' P OAE - CNEC Np 7 Ds 70724 NOT aLOTTED r2D :' rMM CFNr£RED M• AS LOCA`[D "CIUOCS VN M 60 P' LOT 50) 22 r E _ E r C NC 2r09771IIW 22 : 2. Y!_ 7.11, A.s. REC. NOS nrn n-1 - R (-CA56'-.6 ,,-11 I 25 . :v' <nD ao' vrurr EAs_M[NrS, REF Na T9oe+3c5 ry (RAGA now ono a3zT)' _ 2e ?n P E..'.EUENT. 4Tc nD e10T240566. NOT PLOTTED (TO 57- UNTEALV 0.Y.f3-LOC 'Eo rA Liu Res W s .O' w IM' OF N ,50' X LOT Ta) 2T aOweA E s N r. u0, aA10➢6[.a92 d? 'OACA E L -Ec. rvL B6.2Y6O9a7 - - 10-1 CA I U Na asl21ao9AR Nor PLomD r�N R[D ON s LDCAr£O !3 Vn ITY f 5ENENr P C NO da,22JW3, MWD ,EO a W..0 Na d.5 2➢OA 17 ]+. ACCCSs Ds P - CSSELYLNTS, q£c NAg022A 05 M eaG39 zz _ 35 Pnwr4 :S.[Mi N, R_c a. aloeSDOSA] 9 SDZWA CAB,N O. 9 c Lf. veA E7WCNa 6e,OZT0273, TrOw-LL5 IN PARR AV N R/w Ai 3' i0, RDADw SLOP£ A 9rDf w4L1f EA 6EMCNT, AEC. NO. a9Ga29Di61 -u?+LVy "5L. N r, = RFC- nO. 69.10AOirs ODr.O: u0N5. DEWCA.01S, NOTES, EASEM[NTs AND PRON5IONS ON CITI Or qrN rpN SNOMT PLAT ND 093-39, PEC. NO 8911i.9LVN Jl7r 4]. r<,4xr5 AND RA0rT5;ON5 OO TA/NED W PI£ -W 11TER-TIE AGREEMENT BETREEN THE SDEING COMPANY AND 71 C+r Or R£NTON. -cc. N0. r r: 91052]Ir. (u£5 TD NORI Of INn•RSELnON OF aTN AND IAAK) (DOES NOT A'££GT EUa. l PAGP£R rIJ [Rf-VYECORDEO UNDER REC- NO, 910606o9 .q s - a?rFc rA5'E UEx;, qEco_ 92W,JO6al A6, POY,f.R £AS[MfN'S, .v NOS 91112305?] M 9i112]o,_ r T.. {OXSNcuiS, GOH'N nCN S, o v£STRA:nONs AND/O6 EASEMENTS rN DOCVNLNr REGORGED VNOER R£C. Na 92031e Vi22. R R _R 1N I ErNG A £ EGaRD c ?d. r(>.tven l3 .,ONDr T�O,•.•5. ?£SrP.ICTIONS ANO/OP CASEN£Nrs VN NEC.Nv Q .p NON-bPPOMns .V CRYEry T, RCG n0. 220 cl 7DD05l5 -: i9, cOJrNA+'. ONDrnONs, RESTArG agl AN0/Ov EASEMENTS, C. NO 20DO111App.33i (rR YS FR0.^ERTY) (DOES NDT 24 . 0,112 CT PgOREgrY) SON 5. D£rE, opM£NI'AC-TrIr5 ID.. N C ROEINO cOMPANI ANO YNE LITY OF RENTON R£C NOS. 20O20ap200032i B 20O]i2iODOr6]2 pONJIIlONS AND ,AESTRICrN)N3 CONTA rNFO 9J 90EING LAR£SNORr LANDING 8w061O L1F ILAI LCA-Oa-091-N5R, I0.2' SSCCDvrn'AN*51 C:ImSG'S. PES RNc npeS AN4/OYt EASEuENTS RCC 10. 200i122800r6T: 3r "GRUB nNC P4CN.S0N5 r_'iw rMNEP.+N "5 T6-.wpER AGRCEMENY 6E. AE£N THE BOEING COMPANY ANO THE GrY Gr R[N rA{ NEC. rv0- '.._2PdL2a_J.^O.p�S �Lr%NCA m PApPEAYr) (DOES..nOT ArrEGT SUS_fcr PROBER rY), o � _ rvp PRDP[RN�+FTY OORUERI Mu eE-PIACEG AS PART pr 7+15 Bx E0 0 9rF PLAN I �^ � .. "OuE.: rO ry'-LONSTRIICi1GN YdjslVaEl APONS. II{I ry Y mACT Y' u 6£ R�TArv[u ST iH[ BO[rNC,COUPiNY wr 2 � P AREAS - I S! ALE 100 O 51 100 2DO ( Fur) 1 C. - 1�0 PT e6rs.:' 'LGY SA sp. F 6(S,AOi aeRrsA 1A 2, {'DT 58 226,1+0: s,N .lOr SL 1EN.O27. 4-1a 'Lor sa `ifie.?Y3 ME.. sfis' LOT m.0.7 O.d1 15, 'tarn 22c.a73 sax: idr rc :'+or. rz:� zi6: raAer:a,_ Is,daY( o.,sd or5f�rrfD er CHECr'.EG eraOEING RF_.iL7Y COMPANY �� 7a6c wRnw Nw. derlrnA p.rzh+wL &r CP'-' ,tYNnoJED 3r: GIiY pF REN1Y7N aalnw.,:r...elPtn� 9avP1-g9r2 LASI kI+I I, Qafrn7p7 PLOT CAT:, rz1p2La� LAKES"ORE LANDING 2 BINDING SITE PLAN T W _ f'A iF ar H)vi _, Ti[U1�IL7!!-.. ._�/"`:'p n�An oEn•-oy. k11SN •- WAINGTON Irm` f y PRL7lE (: f NO CRR v.""1G FILE NAME; .+....r• ..m'•- s.,.. SORV-65or.OWG •� 20080111001220.:.:. After Recording Return to: � 4 e12-20 , STRIGHT LIKE 5 L PRGfeaj OF 003 , , COUNTY1 UA CLAIM OF LIEN Grantor (Owner of property a o C whose properly is being liened)t I•2t an Grantee (Name of lien claimant):. r, ; r F�� t �+►"t i r2 t - Abbreviated Legal Description: c- 7L`wnn-3 '-2-f. F,ezr-, (c.R. "Lot I. Block 2, —p Assessor's Property Tag Parcel/Account No.; 6-7 •-ijoS1 Notice is hereby given that the person named below claims a Lien pursuant to RCW Ch. 60.04. In support of this Lien, the following information is submitted. 1. Name of Lien Claimant: n Address: Telephone Number: S : �- 2. Date on which the claimant began to perform labor, provide professional services, supply material or equipment or the date on which employee benefit contributions became due: 0 ff f 2-0 d —7 3. Name of person or contractor indebted to claimant:A o c r7 n t7'� 4. Description of'the property against which a Lien is claimed: S. Name of the owner or reputed owner: C 6 The last date on which labor was performed; professional services were furnished, contributions to an employee benefit plan were due; or material, or equipment was furnished: Oz J / !?- ;)�-0 p 7 7. Principal arnountfor which the Lien is claimed is: $ t PA i-70 8. If the claimant is the assignee of this claim so state here: ® No Yes. State name of Assignor: Appendix 11 200801190019-9-1)_ CLAf3ftNT'S A TTESTATION STATE OF WASHINGTON ) ) ss_ COUNTY OF � ) rc � M, ll�] 07�� 't ; being sworn, says: I am the claimant or a person authorized to act on behalf of the claimant. I have read or heard the foregoing claim, read and know the contents thereof, and believe the same to be true and correct and that the claim of I ien is not fr' 00 d is made with reasonable cause, and is not clearly excessive under penalty of perjury. n _� Name and1itle ofPer0ihr&R for ACKNOWLEDGMENT OF INDIVIDUAL CLAIMANT'S SIGNAT10-RE On this day personally appeared before me to me known to be the individual, or individuals described in and who executed the foregoing instrumenL and acknowledged that the above claimant or person signing for said claimant signed the same as his or her free and voluntary act and deed, for the uses and purposes therein mentioned_ Given under my hand and official seal this day of , 200_ Print Name: NOTARY PUBLIC Residing at; kly commission expires; ACKNOWLEDGMENT OF CORPORATE CLAIMANT'S SIGNATURE On this_ Il � day of�Afi+r�r ry, 20 .f, before me personally appeared to me known to be the esident, vice president, secretary, treasurer, or other authorized officer or agent, as the rase may be) of the corporation that executed the within and foregoing instrument, and acknowledged said'instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that any seal affixed hereto is the corporate seal of said corporation. In witness whereof I have hereunto set my hand and affixed my official seal this day. (Signature and title of officer with place ofresidence of notary public). Print Name: *07AA r SNOT ARY PUBLIC residing at: '4:" G Alfs��t. ).—g'My commission expires: WAS Appendix 11 �vv�Y 20080111001220_ LEGAL DESCRIPTION POR SECS 7 & 18-23-5 & POR TOWNS D C INCL POR PLATTED & VAC STS LY WLY OF COMM W W # 2 N OF N LN DIXIE AVE & FLY OF STATE HWAY # 5 & ELY S SLY OF FOLG LN BEG ON ELY MGN SD HWAY AT PT 55 FT 5 OF N LN OF LOT 8 BLlK 18 BRYN MAWR TH E 89.23 FT TH N 05.18-51 E 438.90 FT TH N 40.09-47 E= 188.55 FT TH N 80 FT TH N 29-00-40 W 197.07 FT TH S 88-27.28 E 90.82 FT TH N 01.32.32 W 40 FT TH S 88-27-28 E 234.53 FT TH S 35.00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22 INCL BLK 4 RENTON REAL ESTATE COS 1ST ADD LESS PORTION FOR LANE HANGAR CONDOMINIUM 20080118001094.:Z After Recording Return to: Linville Ursich PLLC Attn: David Linville 800 Fifth Avenue, Suite 3850 Seattle, WA 99104 8001094 064.00 AMENDED CLAIM OF LIEN Grantor: THE BOEING COMPANY Grantee: STRAIGHT LINE STRIPING, INC. Abbreviated Legal Description: THAT PORTION OF GOVERNMENT LOTS I AND 3 AND SECTION 7; AND OF GOVERNMENT LOTS 1, 2 AND 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TO'WNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, RING COUNTY, WASHINGTON FOR FULL LEGAL DESCRIPTION SEE ATTACHMENT A Assessor's Property Tax Parcel/Account Nos,: 07-2305-9001 08-8660-0050 08-8660-0060 OS-8660-0190 Original Recording No.: 20080111001220 Notice is hereby given that the person or company named below claims a lien pursuant to RCS' 60.04, In support of the lien, the following information is submitted. .Name of Lien Claimant: Address: Phone Number: Straight Line Striping, Inc. 234I3 9th Place West Bothell, WA 99021 (425) 486-3765 2, Date on ivhich the claimant began to perform labor, provide professional services, or supply material or equipment: October 1 ", 2007 20080118001 Q94."--!- Alame ofperson or contractor indebted to claimant: Millennium Building Company, Inc. 4. Description of the property against which a Lien is claimed. - IN THAT PORTION OF GOVERNMENT LOTS 1 AND 3 AND SECTION 7. AND OF GOVERNMENT LOTS 1, 2 AND 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, KING COLNTY, WASHINGTON FOR FULL LEGAL DESCRIPTION SEE ATTACHMENT A S, :Fame of the owner or reported owner: The Boeing Company b. The last dare on which labor was'oerforrned, professional services were furnished, or material or equipment was furnished. October 1 S'h, 2007 Principal amoanl for which the Lien is claimed is: $4,221,70 CLAIMANT'S VERrFICA TION STAVE OF WASHINGTON ) ) ss. COUNTY OF KING ) David E. Linville, being sworn, says: I am the claimant or attorney for the claimant above named, I have read or heard the foregoing claim, read and know the cantcnts thereof, and believe the same to be true and correct and that the claim of lieu is not frivolous and is made with masr nable cause, and is not clearly excessive under penalty of Perjury. t David E. Linville, Attorney for Straight Line Striping, Inc. ACKNOWLEDGMENT OF INDIVIDUAL CLAIMANT'S SIGNATURE On this day personally appeared before me David E. Linville to the known to be the individual, or individuals described in and who executed the foregoing ins.nrment, and acknowledged that the above claimant or person signing for said claimant signed the same as his or her free and v r act and deed, for the uses and purposes therein mentioned. Given undy; y hand and official sea] this day of January, 2008. .o��� Prink N e; Inga R. Bachtel � L'. NOI'A PUBLIC `y�:..0 t�uLiC � Residing at: Seattle, WA fi�` F—'�C� .• `p'yti�� -Mycommission expires: 01-17-10 20080118001094.�-: _: ATTACHMENT A PARCEL NUMBER LEGAL DESCRIPTION 07-2305-9001 THAT PORTION OF GOVERNMENT LOTS 1 AND 3 AND SECTION 7; AND OF GOVERNMENT LOTS 1, 2 AND 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TO%rNSHIt' 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, KIN G COUNTY, WASHINGTON; AND OF C.H. ADSIT'S LAKE WASHINGTON PLAT AS RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KD,G COUNTY, WASHINGTON; AND OF BLOCK C, THIRD SUPPLEMENTAL MAP OF LAKE WASHfNGTON SHORE LANDS, AS RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 5927582; AND OF CERTAIN SHORE LANDS OF LAKE WASHINGTON SHOWN ON SHEETS 3 AND 4 OF THE MAP j PREPARED BY UDO HESSE UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 156371; AND OF VACATED LAKE WASHIN113TON BOULEVARD (FORMERLY PARK STREET); AND OF THE ABANDONED BURLINGTON NORTHERN INC. RAILWAY (FORMERLY NORTHERN PACIFIC RAILWAY) RIGHT-OF-WAY i 08-8660-0050 LOT 5 BOEING LAKESHORE LANDING BSP LESS POR PER DEED 200612120003 38 08-8660-0060 ^�^ I LOT 6 BOETNG LAKESHORE LANDING BSP LESS POR I PER DEED 2 006121200033 8 08_8660-0190 LOT TRACT P BOEING LAKESHORE LANDING BSP _LESS POR PER DEED 20061212000338