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R 0 z IR > 7� 141 Ila > z L T L it ---- --- 5 rill 13� ml F RENTON CENTER SENIOR LIVING 12120/11 SITE PLAN REM SUM7rAL RENTON, WA 0 625 RENTON CENTER WAY If Ri STREET IMPROVEMENTS DETAILS C 4 l 44. ,l, G - { 4 k w ±. c _ 4 a V CD C r� a *we r WOSESLM S k r�nn 11'dEiS -w Alff IORTHA4£S WHfI'WpRTH AYLS Tl `- Mp�tflti5 AY[ 5 RECEIPT EGO0024759 city of 3 Transaction Date: June 18, 2014 BILLING CONTACT CG Engineering 250 4TH AVE S , 200 EDMONDS, WA 98020 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA13-001726 PLAN - Modification Fee Payment heck #16690 $200.00 Technology Fee Fee Payment heck #16690 $6.00 SUB TOTAL $206.00 TOTAL $206.00 RECEIVED 3UN 18 N14 CITY OF RENTONI PLANNING DIVISION Printed On: 6/1812014 Prepared BV: Rocale Timmons Page 1 of 1 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) Renton School District #403 NAME: Attn: John Knutson ADDRESS: 300 SW 7" Street CITY; Renton, WA ZIP: 98057 TELEPHONE NUMBER: 425-204-2387 APPLICANT (if other than owner) NAME: Chris Santoro COMPANY (if applicable): Vintage/ Canddle ADDRESS: 3424 Via Oporto, Suite 201 CITY: Newport Beach, CA ZIP: 92663 TELEPHONE NUMBER: 949-715-7099 CONTACT PERSON NAME: Charles Morgan COMPANY (if applicable): Charles Morgan & Associates ADDRESS: 7301 Beverly Lane CITY: Everett, WA ZIP: 98203 TELEPHONE NUMBER AND EMAIL ADDRESS: 425-353-2888 barb@cmaarch.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Renton Center Senior Living PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 625 Renton Center Way Renton, WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 182305-9238-03 EXISTING LAND USE(S): Vacant PROPOSED LAND USE(S): 219 Senior Apartments and commercial EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CC PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: CA PROPOSED ZONING (if applicable): SITE AREA (in square feet): 160070 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA per agreement between property owners PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 59.7 units per acre NUMBER OF PROPOS�I�S CC �L4Cia Iic6bl F �. NUMBER OF NEW DWELLI (if.applicable): 219 Units C:1Usersljohn.knutsonlAppData%Loca]%MicrosoftlWindows%Temparary Internet FiicslContent.OLitlooklDZID2PN21masterap 2lO 4k)rjjs ,• i_�. - i - PROJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): None SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 168073 square feet SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): None SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 7591 square feet SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): None NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 7591 square feet NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 12 Attach ION (contlnuecl) PROJECT VALUE: $16,150,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. f. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft_ ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY on separate sheet with the following information includ SITUATE IN THE QUARTER OF SECTION 18, TOWNSHIP 23 N, RANGE 5 E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Me rrL M • , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) th current owner of the property involved in this application or ✓the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative Date STATE OF WASHINGTON ) Signature of Owner/Representative Date ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledge it to be histher/their free and voluntary act or the uses and purpose mentioned in the instrument. /d a-2-0/ Dated Notary Public State or Washington SANDRA M DOLPH My Appointment Expires Nov 27, 2017 Notary Public in and for the State `a`f Washington Notary (Print): el% . 'Do My appointment expires: /V Temporary Internet FiIcslContcnt.0utlookXDZ1MPN21mastcrapp Deco 2013.doc -2- Legal Description Renton Center Senior Living 625 Renton Center Way Renton, WA PARCEL D OF CITY OF RENTON, LOT LINE ADJUSTMENT NO. LUA-99-017-LLA, ACCORDING TO SURVEY RECORDED APRIL 6, 1999 IN VOLUME 128 OF SURVEYS AT PAGE 275, 275A, 275E AND 275C UNDER RECORDING NO. 9904069001, IN KING COUNTY, WASHINGTON; BEING A PORTION OF HENRY H. TOBIN DONATION LAND CLAIM NUMBER 37, AND OF GOVERNMENT LOT 11, 13 AND 16 OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, AND OF TRACT 1, 2,3 AND 4 OF SUPPLEMENTAL MAP OF RENTON SHORE LANDS, ACCORDING TO THE MAPS ON FILE IN THE OFFICE OF THE COMMISIONER OF PUBLIC LANDS, IN OLYMPIA, WASHINGTON. RECEIVE" JINN 18 CITY PLANNINQr Ll ENGINEERING June 18, 2014 Rocale Timmons, Senior Planner City of Renton 1055 South Grady Way Renton, WA 98057 Re: Renton Senior Living Center Modification Request: Bicycle Parking Spaces. Dear Ms. Timmons, This letter is to request a modification to the requirements for bicycle spaces for the proposed Renton Senior Living Center. Renton Municipal Code 4-4-080F.11 requires new developments to provide 0.5 bike parking spaces per residential unit, in addition to providing bike parking spaces for commercial spaces at a rate of 10% of the total required car parking stalls. Thus, for 219 residential units and 4,764 square feet of commercial space, we would be required to provide 111 bicycle parking spaces. We are requesting a modification of the code to provide 25% of the required bicycle parking spaces for residential units. This would result in 28 spaces total, and these spaces would meet the remainder of the design standards as detailed in RMC 4-4-080F.11. A request for modification requires meeting the decision criteria put forward in RMC 4-9-250D. These criteria and responses are below. Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Pi an is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives RECEIVED JUN 18 W4 CITY OF RENTON PLANNING D1VISiO Renton Center Senior Living CG Project No. 13133 June 18, 2014 The project implements the direction of the Comprehensive Plan Land Use and Community Design Elements by providing a high -density infill development, located close to commercial centers and a major transit corridor, and enhancing the diversity, walkability and density of the neighborhood. The project is characterized by efficient land use, careful site design, and it provides for and supports multimodal transportation through on -site pedestrian connections and proximity to transit. The requested modification would have no impact on the project's ability to substantially implement the policy direction of the Comprehensive Plan, and would specifically implement Objective CD-D ("New development should have an interconnected road network that supports multi -modal transportation") in a way that is age -appropriate for seniors. b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. The requested modification will meet the above criteria in the following way: Safety: providing fewer bike parking spaces will not have a detrimental impact on safety. The proposed layout and number of spaces provides for bike storage within secured and highly -visible courtyards, connected to the on -site pedestrian path network. - Function: provision of 25% of the required parking is appropriate to the needs of a senior housing complex, since seniors are unlikely to ride bicycles frequently. The proposed bike parking spaces would provide storage opportunities for those seniors who do ride, while still maintaining efficient use of space. - Appearance: all bicycle parking spaces are located within courtyards that are not visible from the street, and will not negatively impact upon the appearance of the development. - Environmental protection: reducing the number of bicycle parking spaces enables the development to minimize paving and impervious areas on site. - Maintainability: the proposed number and placement of bicycle parking spaces should have no negative impact on the maintainability of the property. c. Will not be injurious to other property(ies) in the vicinity. The requested modification will have no impact, injurious or otherwise, on other properties in the vicinity. The modification is requested because seniors are less likely to own a bicycle than younger people, and therefore the full required number of spaces would be excessive and remain unused. d. Conforms to the intent and purpose of the Code The proposed development conforms to the intent and the purpose of the Code, particularly the intent and purpose of the sites' Commercial Arterial zoning. The purpose of this zone includes the provision of enhanced site planning and pedestrian orientation, with coordinated access, efficient parking lot design, and the integration of residential uses with mixed -use buildings. The proposed bicycle parking spaces are integrated within the site in a way that demonstrates enhanced site 4 250 4`h Ave. South, Suite 200 ENGINEERING 2 Edmonds, WA98020 Renton Center Senior Living CG Project No. 13133 June 18, 2014 planning and still maintains pedestrian orientation and the integration of residential uses with commercial within a larger commercial area. e. Con be shown to be justified and required for the use and situation intended The required 111 bicycle parking spaces (at 0.5 spaces per residential unit) is excessive for a senior housing project. 25% of the US population rides a bicycle, and only 4.1% of commuters in neighboring Seattle commuted by bike in 20122. Senior citizens are less likely to ride a bike than younger people — a 2003 study showed that bike trips by people 40 and older only amounted to 0.4% of all of their trips, less than all other age groups, and less than the average of 0.9% across all age groups3. Providing 25% of the code requirement will still allow the development to accommodate those seniors who do ride a bicycle, while maintaining efficient and age -appropriate use of the property and resources. f. Will not create adverse impacts to other property(ies) in the vicinity. The requested modification should not impose any impacts, adverse or otherwise, on other properties in the vicinity. Thank you for considering this request. Sincerely, CG Engineering, PLLC (4"" IN, Chevy Chase, PE, SE Principal ' h :/hvww.cascade.o ike-commubn statistics 2 http://bikeleague.org/r-ontent/bicycle-commuting-data 3 h :/Aarww. hikeinfo.or data/factsheet general.drn C 250 4t' Ave. South, Suite 200 ENGINEERING 3 Edmonds, WA 98020 I r Q ' j ��✓ W ���� LOUD LL �LL � � I I- Q aO�C 70 r Z 0 U 0, Z(d O Z O N�?�� �Q��1 J � . ����¢azpoKpaa W Z co �y W�OQoo a o LLS °ate z COP 02-LL�� W N m CC ¢�ooxx wm omm i WN00.'zN�ra,S 1 y� a z wra a 9 z vai n _ f 1 - I I Q- r r _ 1 I f I - ! f 0 Z Cf7 d W OW a�z d W ❑ wzQ ��U) Q �< LUW 000 F- UN Z W ¢ uWjHU U W m cW O L W 10U44I 0101 d Q � U) „B- can _ JHARDIE A 7 a — wa I d N_ Im E 5 v � � 43x i`x91���g Bidg-LLu3 � - AVE Will 2 Y �m I I 9r9 R ^l r 2 , Lu CV LO o - � �m �! 01) f 1.6 �� II+ I u 1 1 z � I I � E s s + �Klh rr ' '•� �C F3R4 _ `5tl ufig SW w3 3 S� - g � g ITH 1 k^ LIP'' 3 Mate z I 0 VI Q w o ce6114 ENGINEERING June 18, 2014 Rocale Timmons, Senior Planner City of Renton 1055 South Grady Way Renton, WA 98057 Re: Renton Senior Living Center Modification Request: Refuse and recyclable storage areas. Dear Ms. Timmons, This letter is to request a modification to the requirements for refuse and recyclable storage and collection for the residential portion of the proposed Renton Center Senior Living project. This is in compliance with the conditions of approval as laid out by the Hearing Examiner Decision dated April 7, 2014, in particular condition 2: `The applicant shall be required to submit to the Current Planning Project Manager sizing and location detail for the refuse and recyclable deposit area prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. The applicant may request a modification of the refuse/recyclable area requirements from staff." Below is a description of the process of refuse and recyclable collection, per condition 2. Following that is a request for modification of refuse & recyclable storage room sizing and location standards. Description of location and refuse & recyclable collection We are proposing a collection point location in the fire lane to the north of the building. We have presented this proposal to the City of Renton Fire Department, as well as to a representative at Waste Management Northwest, and both have approved the collection location and procedure. The collection route and location can be seen in Appendix A. The procedure for collection is as follows: on collection day, dumpsters for both the residential and commercial uses of the building will remain inside the building until the collection vehicles arrive. The collection vehicle will stop immediately outside the building trash room. The facilities manager for the building will then wheel out dumpsters for collection by Waste Management. The dumpsters will not be stored outside the building at any point, and aside from briefly rolling the dumpsters across the pedestrian walkway and in front of the collection vehicle via a curb cut, collection procedures will not block pedestrian traffic. Additionally, there is enough space in the fire lane for a car to pass the waste collection vehicle, so there should be no impediment to vehicular traffic during collection. RECEIVE Additionally, we are requesting a modification on two points: JUN 18 2014 CITY OF RENTON PLANNING DIVISION Renton Center Senior Living CG Project No. 13133 June 18, 2014 Required Size of Refuse Deposit Areas Per RMC 4-4-090, multifamily developments require a minimum of 1 % square feet per dwelling unit for recyclable deposit areas in addition to 3 square feet per dwelling unit for refuse deposit areas. We are requesting a 50% reduction in required refuse area for the residential portions of the building, from 3 square feet per unit to 1.5 square feet per unit. Additionally, we are requesting that the required recyclable deposit area be reduced from 1.5 square feet per unit to 1 square foot per unit. The proposed development will provide 1.5 square feet of refuse space per unit as well as 1 square foot of recyclable space per unit, in addition to the required 100 square feet of space for commercial uses Number of refuse and recyclable deposit areas RMC 4-4-090D.2 requires one deposit area/collection point for every 30 dwelling units in multifamily developments. The proposed development is currently providing one deposit area/collection point for the 219 units. We are requesting that the requirement of RMC 4-0- 090D.2 be waived for this project. Both modifications are requested in order to accommodate the less -intensive needs of refuse and recycling space for senior housing, and because the development will make use of a trash compactor to further reduce the volume of waste that the building produces. A request for modification requires meeting the decision criteria put forward in RMC 4-9-250D. These criteria and responses are below. Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives. The Comprehensive Plan Land Use and Community Design Elements do not specifically address the subject of refuse/recyclable storage or collection. However, our requested modification does comply with the intent of these Elements by proposing a refuse vehicle route that shares a curb cut and lies along an internal circulation route with the adjacent (north) property, per Policy CD-35. Additionally, by compacting waste and storing it internally, the proposed development is better - equipped to provide a safe, healthy, visually -appealing environment per the Residential Policies of the Land Use Element. 4 250 0 Ave. South, Suite 200 ENGINEERING 2 Edmonds, WA 98020 Renton Center Senior Living CG Project No. 13133 June 18, 2014 b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. The requested modification will meet the above criteria in the following way: - Safety: The use of an internal chute system will promote safety for seniors because residents will not need to travel far with their refuse and recyclables, and in fact will not need to leave the building nor travel across floors. Maintenance employees will be responsible for maintaining the chute, compactor, and collection system within the building, which will reduce seniors' exposure to risk. The sizing of the storage areas is appropriate to the volume of waste that a senior apartment will generate, so modification of storage area sizing is not likely to be a risk to safety. - Function: The proposed trash system will meet the functional needs of senior residents as they will not have to travel far to deposit their waste. The sizing of these areas are also appropriate, since the building will be primarily single -occupancy senior apartments, which produce significantly less waste than a multi -family apartment. - Appearance: Keeping all trash systems within the building and with only one collection point minimizes the visual impact on surrounding properties. Limiting the size of the trash room while only taking up a narrow portion of the building facade further helps to ensure minimal visual impact along the north face of the building. - Environmental protection: Maintaining a single collection point limits the possibility of contamination through solid waste exposure to ground and air. Reducing waste storage areas and using compaction allows for more efficient use of land and building space, as well as reducing the amount of volume going into landfills. - Maintainability: Maintenance employees will have an easier time managing and maintaining a single in -building trash system of limited size and with a single collection point. Limiting the extent of the in -building system enables better management. c. Will not be injurious to other property(ies) in the vicinity. The proposed refuse/recycle deposit and collection areas will have no impact on other properties in the vicinity. The proposed collection vehicle route will utilize a curb cut located on the property to the north and will briefly pass through that property to access the proposed development, but this use will not be injurious to that property. d. Conforms to the intent and purpose of the Code The proposed development conforms to the intent and the purpose of the Code, particularly the intent and purpose of the sites' Commercial Arterial zoning. The purpose of this zone includes the provision of enhanced site planning and pedestrian orientation, with coordinated access, efficient parking lot design, and the integration of residential uses with mixed -use buildings. The proposed access for collection vehicles makes use of shared access and allows for easy travel through the site without impeding pedestrian access. Limiting the size of the refuse and recyclable storage area 2504t' Ave. South, Suite 200 3 Edmonds, WA98020 ENGINEEFUNG Renton Center Senior Ewing CG Project No.13133 June 18, 2014 and keeping it internal allows for more pleasing use of exterior space for walkways, landscaping, and other pedestrian amenities. e. Can be shown to be justified and required for the use and situation intended Because this development will house low-income seniors, we believe that requirements for multifamily developments are inappropriate to apply to this case. Single -occupancy senior units will produce less waste than multifamily units. Additionally, the development will utilize a trash compactor to reduce the volume of waste generated by the building. The compaction ratio is generally 4:1 from loose refuse to compacted waste. The proposed project will provide enough space to accommodate this reduction, as well as the required 100 square feet of refuse/recyclable area required for the commercial portions of the building. Please see Appendix B for plans showing the sizes of proposed trash rooms. In addition, because we plan to use a trash compactor and thus are reducing the volume of refuse produced, providing more than one deposit area would be inefficient and overly costly. Our proposal includes a ground floor trash room and trash chutes on every floor above, which will provide one deposit point for both refuse and recyclables per floor. Refuse will be put down the trash chute, and recyclables will be deposited in the trash chute room on each floor, then collected by staff and transported by elevator to the ground floor for collection. Residents will not need to transport their own refuse or recyclables across multiple floors, nor will they need to leave the building. The space and system proposed are appropriate for the use of the building. f. Will not create adverse impacts to other property(ies) in the vicinity. Limiting the size and number of collection areas and internalizing the storage areas will lessen the impact on other properties, particularly by eliminating the possibility of a visual nuisance and smell. Thank you for considering this request. Sincerely, CG Engineering, PLLC (!,,, "I &A44—, Chevy Chase, PE, SE Principal 4M 250 4`h Ave. South, Suite 200 - 4 Edmonds, WA 98020 EINGIINC-e INGi Renton Center Senior Living CG Project No. 13133 June 18, 2014 C 250 4`h Ave. South, Suite 200 � ENGINEERING 5 Edmonds, WA 9$020 J W Q U- O 2 H Q IL w w J J U U 2 = OOw z � � Q W W J J J w O O C� U L? tL I I I i L F. 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AS 61 z = S11Nn 66Z X 11Nn/iS I 3S 9'8ZC = S11Nn 62 X ilNn/3S 9' 1S3nOMJ NOUVOfilOOW �33d CMJino3�i d32:]V 3�EIVIOA03� '8 3SnA3 J 1'd101 39b2JO1S 31OA0321 • S�:101OadwOO HMJi • �JOO]i 1SIHIJ - AO011 HSb2J1 a I— o 0 31nHO HSVli�� ll� I0 Js 176£ Bob` w 0021 gin U3 u oe N S'd�11 -n o �sn o� �m m ;o I— z m I 0'd11j r 1 0 9/7 6� 0 I Ab'M] C b'M I NVRJiS3a3d r---------- I I I 313IHAA NOL031700 —� I L--_.------ Z3NVI 3�JId a s s o c i a t e earth sciences May 22, 2014 Project No. KE140244A City of Renton. - Current Naming 1055 South Grady Way Ryas, Washington 98057 Aumdon: Ms. Rocale Timmons Subject: Lev= of Opimon - Gerotech w al T mi-Party Review Vantage Pont Apt SE IV Stzed and 105" Piece SW Rem, Washington Dear Ms. Tines: As requested, we have reviewed provided doh related to the proposed Vantage Pint Aparlu nests project m Ramon, Washingm. Based on our discmiow with you, we understwd that, as part of the proposed multifamily rmderuial project at the above location., two dal domnients were prepared by GeoDesign, Inc. (GeoDesip). We undmitand that the City of Renton has a concern regarding the potential impact of wepage from the proposed st rrtwater pooad to slope stability. Anoc aced Earth Scams, Inc. (AFSI) has been requemed to perform a geotechnical pees review of the GoDDesigtr reports as they relate to tbt nearby steep slope, the proposed lroJwt, and the Kmg Cowity Code Critical Art= Regulations (KCC 21A.24), to provide our geowchniuiil opinion regarding the proposed improvements, given the information provided in the GeoDesign reports. For our review m preparing this letter, we have been provxW with the followmg project -related ems: Geo0wAnk al Reports: Report of Geotechnica1 Engineering Services G oftic Hazard Report - Update Vantage Point Apart - Multi -fancily Rental Projm GeoDesign, Inc. Dated January 16, 2014 Report of Geotechnk4l Engineering Services Vantage Point -- Multi -family Rental Project GcdDcsign, Inc. Dated February 24, 2014 Kirkland Office j 911 Fifth Avenue I Kirkland, WA 98033 P 1425.827.7701 F 1425.827.5424 Everett Office 12911 bS Hewitt Avenue, Suite 2 1 Everts, WA 98201 P 1 425.259-0522 F 1425.252.3409 Tacoma Office 11552 Con nerce Street, Suite 102 1 Tacoma, WA SM2, P 1258.722.2992 F 1 253.722.2993 www.aeWO.com Storrnwater Pored Infiltration and Mounding Analysis King County Housing Authority Vantage Glen Development Project Richard Martin Groundwater LLC (RMG) Dated February 23, 2014 (Presented as "Appendix, D" in the Febnzary 24, 2014 GeoDe sign report) Projext Plans: Vantage Point Apt KPFF Co mmIting Fnomers Shoats CS.O, C5.1, C6.0 and 06.1 (Grading and Drainage Plans) Dated May 15, 2014 The Feruary 24, 2014 Ge oDe sign report imc:lardcs kegs of exploradons performerd at to subject site, pry remelts of field infiltratwo tuts, pres= results of laboratory tee perfornted on w3eecoed samples c ollecteid during their site exploratiM and provkks r+ nmWations for the &Ndopment of tine; proposed Vantage Pont Apartmiem pr+o)ca As � in the February 24, 2014 GeoDesip report, expkwations located to the south of the proposed detemm pond location, and am to the slope, encounued loose, debris -laden fill a xtendmg as deM as 13 feet below the ground surface or, at the locations of test pit TP-10, below the depth explored of 11 fe a bekm die ground uxface. The Jamiary 16, 2014 GeoDesign report provides an evacuation of geologic hazards at the subject, as delineated under the; King County Zoning Code. The February 23, 2014 RMG report preset a mounding analysis "ptrjorrrW to ewdiwe u#fltr adon , from the proposed storm ter detention pond. " Based on our review of the provided documents, we have serious concerns regarding the potential impact of the proposed project to the nearby steep slope. In particular, we present the following comments: Stormwater Pond Our review of provided plan sheets C5.0 and C6.0 indicate that the stormwater system for the proposed project includes a detention pond at the north end of the subject site. The storm drainage notes include the statement that -Dexenrm pond shall be constructed as shown hereon and in accordmwe with Section 5.3. L I "Design Criteria " of the 2009 King County Surface Water Design Manual (King County MamW). " However, as stated above, the February 24, 2014 GeoDe:sign report prey insults of field infiltration tuts. These tuts were compkied at the approximate IwAdoon and depth of the proposed stormwaeter pond, and GeaoDe ugn pmvided a design infiltration rate of 0.4 Wcbes per how. We recommend mnend that trio project design tem clarify whether the slornmar pond is uMmately to perform as a deb won pond, as shown on the May 15, 2014 per, or as as bdilMdon Pam• as mqWmW by the T P r r zymn P nded design Wilftadon rate pad in the February► 24, 2014 GeoDesign report. c `prod 2T =4 aSedaas jo; lmpaoos i jo qxdw it se = uvo HU uapirI-spgaP `a Wl Vo PUT SnAll Pais aApea faEApnm *M q)oq `uotutdo im uI -mmaw Ug qop `Wool `daaP .42A?M01 apnlmq `UMMI paod paodold 2cp jo tprm adols ap o41rm AIgs mw `m!s xp molaq slws 2%L •algs4U ale avrs aqj Atolaq silos oqj Wip inmao om Vodas •sand a8waas o 4mm 0 ITUO o . W-V nz+ W? *? 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XW saps mw ump wdoi3M oU 'Plod pno" ap jq atudoldda &mxkk lopm ap cat qmudda sr p `puad mxm=s aqi 3o uop a WOUN pnodcud aM molaq poi 9 o7 E ,(iqfnoj pwqlw s*m ua A pmR& �/� Ammm I� AQ � a 'ills jo sued ` Aj r ,sado t aq; � 4. aW {o dos aW __�!� aM �l am w jok qp o jo dot aW of Amw&v-op aMoaud ntat 1axm aU *jpwf4xwaWoxqpjodaWjo&wwqpuv Sapp aw tlS=w mo dons nw puod aW iq janw. wW znvdmmm PM P=I aq wa Ipm Pam aqt NEP =wnssa lapow Jyju atl.L M Wuod Kuwsap .rammuuots pasodoid asp wa6f uop 4& aw►1w os pa jgpad„ YRAp m ftgpun= v mud uodu i yjH t I OZ `EZ bmxpd QqL resulting in seepage emanating from the slope face, or saturated native or weak fill soils behind the upper portion of the slope face. b. Also, no seepage has been observed on the slope face at or near the level o, f the silt layer (F-Unudon 370 feet) during any of ' the past evorlrodons of the slope that have been conWleted at the site. The apparent lath of observable seepage on the slope face is understandable, given that that upper portion of the site is grass -covered, providing a relatively even distribution of rainfall across the area of the site. However, subwqueM to pond installation, a significant collected source of water will be present above the steep slope, and may lead to seepages along the slope which may not have been pmwusly present or observable. Given the results of the mounding analysis presented in the February 23, 2014 RMG report and the variable and debris -laden fill scoils documented in the Ge4Design earplratiena logs, we recorrnnead that a detailed stability analysis be cwpkftd for the site slopes under the past -pond constntc m condition. This analysis should consider the potential xqW paths from the pond to the slope, including through the doted native sandy soils or debris -laden fill, as well as the stability of the slope with retard to both shallow and deep -aged movement, surface mmm, and piping of sails along prefesm#ial flovwpaaths, and provide mitigations for slope inmbility, smia ce erosion, or pging, where needed. Proposed Surface-Bmd Infiltration Systems The February 24, 2014 GecoDesign report includes. r corrnrmatdations for pervious patvemm foe' parking stall areas, and G wwxete for a perimeter emergency access read (fire lane) arvtmd the west and south sides of the main budding. As shown on Plan Sheet C5.0, pares stalls arc located near to the top of the steep slope area at the north end of the site, and the lire lane trends along site retaming wall located at the top of t% slope. The February 23, 2014 RMG report states that "any additicuaa! faulities or strrtetaaraes dw ettJtiavace it ltratiarr cr.f Mmmater at a rate greater than nizural bacqround may increase gra ter mowWing and comrbate the im paw described above. Prior to design of addi ur4l b#Mradon facilities we reed that additional moumUng shouM be ptrj reed. " We coo= with the RMG report, and reed that the above- reco rd slope stability analyso aLso be meted to evaivacte the impact of the additional gratiandwater from theme surface -based infiltration "ems, should they be imiplemmod for the project, to the nay slopes, and to provide mitigations for slope irntarbility, surface erosion, or p#gM where acceded. Fire lamer The January 16, 2014 GeoDeaifn repm provides a Baal remmended top -of -steep -slope buffer of 10 ftet. Where a wall Along the top of the slope treads along the proposed fire hint, a zero buffer is recaearxtctaded. Section 21A.24.3101 of the icing County Code shoes "tht departmeatt shall detendne die sett of die bar boned taiaora a critical am report primal by 4 a geotechnical engineer or geologist. If a critical area report is not submitted to the department, the minimum buffer is fifty feet. " Given the deep, loose, debris -laden fill encountered in explorations completed in the area of the slope and fire lane, we recommend that a slope stability analysis be completed for the slope and fire lane under the surcharges presented by the fire apparatus. This analysis should demonstrate that no adverse impacts to slope stability will occur by the reduction of the steep slope buffer recommended in the January lb, 2014 GeoDesign report, and consider the level of saturation of the weak, debris -laden fill soils by seepage from the stormwater pond, as described above. The recommended analysis should provide mitigations for slope instability, surface erosion, or piping, where needed. Grading Plans The provided grading plans show 2 percent slopes leading toward the top of the steep slope, rather than away. The February 24, 2014 GeoDesign report recommends that the grade be sloped away. We recommend that a geotechnical plan review be completed to confirm that site plans conform to the recommendations presented in the February 24, 2014 GeoDesign report. In summary, based on AESI's review, the GeoDesign reports do not provide sufficient analysis to support the conclusion that the construction of the stormwater pond or the reduction of the steep slope buffer do not adversely affect site stability.. Placement of the pond, as currently proposed, could increase groundwater seepage to the slope and it must be demonstrated that the site soils can support the increased seepage, unless suitably mitigated. We appreciate the opportunity to be of continued service, If you have any questions regarding this letter or other geotechnical engineering aspects of the project, please do not hesitate to call. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington Jeffrey P.`Laub, L.G., L.E.G. Senior Project Engineering Geologist 1PLJpc - KE140244A2 - Projeas1201402441KEMP L. 8( � �4fT0 w ` /STE s�ONAl Bruce L. Blyton, P.E. Senior Principal Engineer M DEPARTMENT OF COI UNITY Citv of ,e AND ECONOMIC DEVELOPMENT r i0_11_-'7!" - 4 ADMINISTRATIVE MODIFICATION ® APPROVAL F-] DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: APPLICANT: ZONING CLASSIFICATION: PROJECT LOCATION: SUMMARY OF REQUEST: EVALUATION FORM & DECISION Renton Center Senior Living - Private Open Space Modification LUA13-001726, MOD, MOD Rocale Timmons, Senior Planner Chris Santoro Vintage Canddle 3424 Via Oporto, Ste 201 Newport Beach, CA 98203 Commercial Arterial (CA) 625 Renton Center Way Pursuant to RMC 4-9-250D the applicant is requesting Administrative Modifications from RMC 4-4-090, Refuse and Recyclable Standards and RMC 4-4-080F.11, Number of Bicycle Parking Spaces Required. 1. Refuse and Recyclable Modification (Modification #1) - RMC 4-4-090 requires a minimum of 1 h square feet per dwelling unit for recyclable deposit areas and a minimum of 3 square feet per dwelling unit for refuse deposit areas. The applicant is proposing to provide 1 square foot per dwelling unit for recyclable deposit areas and a minimum of 1 % square feet per dwelling unit for refuse areas. The proposed residential deposit areas would be in addition to the code required 100 square foot deposit area for the commercial use. Additionally RMC 4-4-090 requires at least one deposit area/collection point for every 30 dwelling units. The applicant is proposing to provide five deposit points (one on each floor) and one collection point for the building as opposed to the seven that would be required pursuant to code. 2. Bicycle Parking Modification (Modification #2) - RMC 4-4-080F.11 requires Y bicycle parking space be provided per dwelling unit, totaling 110 bicycle parking stalls. The applicant is proposing to provide a total of 28 bicycle parking stalls. BACKGROUND: The applicant requested Hearing Examiner Site Plan Review, Environmental (SEPA), surface parking variance, and a street modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning classification on the east side of City of Renton Department of Cam i and Economic Development Administrative 'cation Request Report & Decision RENTON CENTER SENIOR HOUSING MODIFICATIONS LUA13-001716, MOD, MOD Report of August 5, 2014 Page 2 of 5 Hardie Ave SW at the BNSF railway, just north of SW 71h St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. On April 7, 2014 the City's Hearing Examiner issued an approval of the Renton Center Senior Living project subject to 13 conditions of approval. EXHIBITS: Exhibit 1: Site Plan Exhibit 2: Site Plan — Depicting Bicycle Parking Exhibit 3: Floor plan ANALYSIS OF REQUEST: Section 4-4-080K.2 and RMC 4-4-09OF allows the Administrator to grant modifications from the Citywide Property Development Standards for individual cases, provided the modifications meet the following criteria (pursuant to RMC 4-9-250.D.2): Criteria I Criteria Met a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives. Staff Comment: Modification #1: The Comprehensive Plan does not specifically address refuse and recycle standards. Therefore this criterion is not applicable. Modification #2: The applicant contends the project implements the X objectives of the Comprehensive Plan by providing a high -density development located close to commercial centers and a major transit corridor, and enhances the diversity, walkability, and density of the neighborhood. Additionally, the applicant contends the proposal supports multimodal transportation through on site pedestrian connections and proximity to transit. Staff concurs that a reduction in the number of bicycle parking stalls would not compromise the policy direction of the Comprehensive Plan to support multi -modal transportation given the nature of the senior housing facility and the unlikelihood of bicycles being used for transport. b. Will meet the objectives and safety, function, appearance, environmental X protection and maintainability intended by the Cade requirements, based City of Renton Department of Com P and Economic Development Administrative, cation Request Report & Decision RENTON CENTER SENIOR HOUSING MODIFICATIONS LUA13-001726, MOD, MOD Report of August 5, 2014 Page 3 of 5 upon sound engineering judgment; and Staff Comment: Modification #1: If approved, the size of the refuse deposit area would be a 50% reduction in refuse and recycle deposit area for the residential portion of the project. The applicant contends that a reduction in the required size of the refuse deposit area is appropriate due to the use of compactors. The applicant contends the self contained compactor would reduce refuse pickup while eliminating fluid seepage and minimizing odors thus meeting the objectives of the refuse and recyclable standards. Additionally, the proposed internal chute system is intended to promote safety for the seniors and would be located on each of the residential floors. Staff concurs the requested modification conforms to the intent and purpose of the refuse and recyclable standards by providing adequate refuse deposit areas in the amount necessary for the Renton Center Senior Living project and sufficient locations as to not cause residents to travel very far to drop refuse and recyclables. Modification #2: The applicant contends the provision of 28 bicycle parking stalls is appropriate given the needs of the senior housing complex. All bicycle parking stalls would be located within courtyards and are not visible from the street (Exhibit #2). The proposed bicycle parking spaces would provide storage opportunities for the seniors that do ride while still maintaining efficient use of space. Therefore the proposal, would meet the objectives intended by the Code requirements. c. Will not be injurious to other property(ies) in the vicinity; and Staff Comment: Modification #1: The proposed refuse and recycle deposit areas are located within the proposed structure and would therefore not have impacts on surrounding properties within the vicinity. X Modification #2: The applicant's request for a reduction in the number of bicycle parking is because seniors are less likely to own a bicycle and the required number of bicycle parking stalls (110) would be excessive for the residents of the development. It is not anticipated that the approval of a modification to permit a reduction in the number of bicycle parking stalls would be injurious to other properties in the vicinity. d. Conform to the intent and purpose of the Cade; and Staff Comment: X Modification #1: See discussion under criterion "a". City of Renton Deportment of Com , and Economic Development Administrative cation Request Report & Decision RENTON CENTER SENIOR HOUSING MODIFIG4 TIONS LUA13-001726, MOD, MOO Report of August 5, 2014 Page 4 of 5 Modification #2: See discussion under criterion "a". I I e. Can be shown to be justified and required for the use and situation intended, and Staff Comment: Modification #1: See discussion under criterion "b". Modification #2: The applicant contends the required 110 bicycle parking x spaces tat % bicycle parking stall per unit) is excessive for a senior housing project and the proposed 28 bicycle parking stalls would be more than sufficient to support the bicycle parking needs of the senior housing development. Staff concurs, the request is justified for the proposed senior housing development. f. Will not create adverse impacts to other property(ies) in the vicinity, and Staff Comment: x Modification #1: See discussion under criterion "c". Modification #2: See discussion under criterion "c". DECISION The proposal satisfies 6 of the 6 criteria listed in RMC 4-9-250D.2 for both requested modifications if all conditions of approval are met. Therefore, the Renton Center Senior Housing — Refuse and Recycle and Bicycle Parking modifications, Project Number LUA13-001726, MOD, MOD are approved. Jennifer Henning, Planning Director 8 5 �! Date The decision to approve the modification(s) will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on August 19, 2014. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7t" Floor, (425) 430-6510. City of Renton Deportment of Com . r and Economic Development Administrative cation Request Report & Decision RENTON CENTER SENIOR ROUSING MOUMFICATION5 [UA13-001726, MOD, MOD Report of August 5, 2014 Page 5 of 5 If you have any further questions regarding this decision, feel free to contact the project manager, Rocale Timmons, at 425.430.7219 or rtimmons@rentonwa.gov. Denis Law Mayor April 8, 2014 Charles Morgan Charles Morgan & Associates Architects 7301 Beverly Ln- Everett, WA 98203 Re: Final Decision for Renton Center Senior Living LUA-13-001726, SA-H, EDF, VAR, MOD Dear Mr. Morgan: 0"'C'ity Ofri r City Clerk -Bonnie Maiton Attached is your copy of the Hearing Examiner's Final Decision dated April 7, 2014, in the above -referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie 1. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Rocale Timmons, Associate Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Lisa McElrea, Development Services Parties of Record (10) 1055 South Grady Way • Renton, Washington 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov It 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF RENTON APR 0 7 2014 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE. Renton. Center Senior Living } FINAL DECISION Conditional Use, Site Plan, Variance and) Modification LUA13-001726, SA-H, ECF, VAR, ) MOD Summary The applicant has applied for site plan approval and an associated parking variance and street design standard modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space located adjacent to the Fred Meyer shopping center located at 625 Renton Center Way. The applications are approved subject to conditions. Testimony Rocalle Timmons summarized the staff report. She noted that all the parking for the facility is subject to shared parking with the other commercial uses adjoining the site. Staff concluded that there is so much excess shared parking that the parking standards for the facility are met. Also, the parking adjacent to the facility is far removed from the other commercial uses such that it would be rarely used by the commercial uses. Ms. Timmons also confirmed that easements in the parking area would not make it possible to build an adjoining garage. Ms. Timmons also noted that it may be possible that an aquifer recharge area is located at the project site, but this would not result in any need for additional mitigation at this stage of review. SITE PLAN VARIANCE, MODIFICATION - I r 2 U Z 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W Glenn Amster, attorney for applicants, testified that the proposal is for low income senior house, seniors with less than 60% of mean annual income. He noted that the project parcel is part of the entire Fred Meyer shopping center and that most residents will not have cars. He noted that he didn't get the staff report until the preceding Thursday or Friday and that he hadn't the opportunity to work out concerns over some conditions with staff. The applicant would like a modification to Condition 2, which requires a thousand square feet for trash area collection. The applicant will be using trash compactors, which will reduce trash bulk by 30-40%. The residents are also low income citizens and not high volume consumers. Condition 3 can be read to require a 10 foot setback on the eastern side of the northern facade, which would result in the elimination of building area because of the presence of a fire lane. This would result in the loss of some residential units. He requested that Condition 3 not be interpreted to include the eastern side of the north facade. The applicant asks that Condition 4 be deleted. Requiring direct pedestrian access by each residential unit would create security and privacy problems. As proposed, the units are fenced off from the adjoining street frontages. Conditions 6,7 and 8 make references to "high quality" and brick etc., which could result a substantial increase in cost. This could result in costs that are 3-8 times what the planned materials would cost. Ms. Timmons noted that for the refuse condition modification, staff would support the request. The examiner noted that since the refuse modification had not been advertised for the hearing that he would authorize staff to process the request administratively if consistent with the project review criteria. She confirmed that Condition 3 was intended to only apply to the eastern side of the northern facade. Staff would support the deletion of Condition 4. Ms. Timmons noted that the connectivity requirement comes from the design standards and that the code only requires that the intent of the design standards need to be satisfied, thus providing flexibility in application. She noted that the proposal includes pedestrian connections to all numerous common entrances to the building, providing the connectivity contemplated by the design standards. As to Conditions 6, 7 and 8, the design standards are very explicit about use of "high quality" materials. RMC 4-3-100, for example, makes several explicit references to high quality materials and examples are provided. The code only provides examples and staff has the flexibility to authorize other high quality materials. Mr. Amster stated that it appears that staff will read Conditions 6-8 in a flexible manner. He is comfortable that the applicant will be able to propose materials that staff will find adequate_ Greg Guillen, project architect, noted that as to opportunities for senior living in Renton there are I10 units in Evergreen Place, 55 in Auburn Independent Living, Emeritus has 105 units, GenCare 118 units, Merrell Gardens 159 units, Spencer Court 73 units -- the only low income units and Chateau and Valley Center at 44 units for a total of 604 units with only 73 affordable units in Renton. Exhibits Exhibits 1-14, identified at page 2 of the staff report, were admitted into the record during the hearing. The following exhibits were also admitted during the hearing: Exhibit 15 Amster memo dated March 25, 2014. Exhibit 16 Staff power point presentation SITE PLAN VARIANCE, MODIFICATION - 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit 17 Brochure depicting construction materials Exhibit 18 Photographs of other projects Findings of Fact I! Procedural: 1. Applicant. Renton School District, 2. Hearing. A hearing was held on the subject application on March 25, 2014 in the City of Renton City Council Chambers. 3. Project Description. The applicant has applied for site plan approval and an associated parking variance and street design standard modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space located adjacent to the Fred Meyer shopping center located at 625 Renton Center Way. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located on the east side of Hardie Ave SW at the BNSF railway, just north of SW 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-"60, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. Per RMC 4-2-120A parking for residential units is required to be enclosed within the same building as the unit it serves. As a result, the applicant is requesting a variance in order to locate the proposed parking within the surface parking lot. There appear to be no critical areas located on site except for potentially an aquifer recharge area. 4. Adequacy of . Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. The City of Renton will provide both sewer and water to the project. There is existing 12-inch diameter water main on the frontage of Hardie Ave SW. The project proposes the extension of 12-inch diameter water main through the site to connect with the existing water main located within the site. A 15-foot wide utility easement is proposed to be given to the City. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. Therefore, a condition of approval requires the applicant to submit a recorded release of easement for the SITE PLAN VARIANCE, MODIFICATION - 3 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 portion of water main under the proposed building permit. The release of easement shall be submitted to the Current Planning Plan Reviewer prior to construction permit approval. The project plans did not include the existing 8-inch diameter sewer line (S0242) and the existing easement located towards the south of the site. The building will have to be resized and/or relocated to not encroach on City utilities and easements. The conditions of approval require the applicant to resize and/or relocate the proposed structure to avoid encroachment into the existing sewer main easement on the southern portion of the site. B_ Fire and Police. The project site will be served by the City of Renton fire and police departments. Fire and police department staff have determined that existing facilities are adequate to serve the development. The applicant will be required to pay fire impact fees. C. Drainage. A conceptual drainage plan and report stamped by a PE was submitted with the formal application (Exhibit I I). City staff have determined that the drainage plan complies with vested City of Renton Amendments to the 2009 King County Surface Water Design Manual. Proposed impervious surface area will be actually less than existing impervious surface area and the site is already served with storm drainage facilities. However, the project does trigger water quality treatment requirements. The project includes a commercial space and multi -family development, therefore enhanced basic water quality is applicable. The conceptual drainage plan disclosed existing flooding problems on Hardie Ave SW at the BNSF railroad underpass due to insufficient downstream capacity to convey the runoff from the highly urbanized upstream basin are, of which the subject proposal is located. The City's Surface Water utility CIP includes a project to improve conveyance capacity to reduce flooding problems at the Hardie Ave SW and BNSF railroad location. The first phase of the project includes the installation of a 60-inch storm conveyance system for an outfall at Naches Ave SW and Lind Ave SW (LUA13-000800). Therefore, no additional downstream capacity improvements are needed in order to accommodate the proposed development. D. Parks/Open Space. The applicant will be required to pay park impact fees, which are designed to fund the demand for park and open space facilities generated by residential development. The applicant is proposing a total of 14,707 square feet of courtyards which exceeds the 50 square/unit requirement. All units are also proposed to either have a ground floor patio or a private deck for the upper story units. There is also a large public deck located on the 3ra floor over the social room that opens off the game room. The applicant has incorporated an entry plaza located on the east side of the structure near the primary entrance. The applicant SITE PLAN VARIANCE, MODIFICATION - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 is proposing pedestrian seating throughout the site. This pedestrian plazas and courtyards serve as a distinctive focal point. The plaza and courtyard space is proposed to incorporate hardscape and landscaping to allow for passive recreation activities. E. Transportation_ Traffic impacts are adequately mitigated by the proposal. Level of service standards will not be reduced below adopted levels for the proposal and traffic impact fees will be assessed to pay for proportionate share transportation system impacts. A street frontage dedication for Hardie Avenue will be waived as unnecessary through the modification process. A traffic study prepared by Gibson Traffic Consultants, dated December 2013, was submitted with the site plan application and has been reviewed (Exhibit 14). The analysis is acceptable as submitted. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop - controlled intersection of Hardie Ave SW and SW 5'1` Place. The traffic report included level of service analysis for the intersections of Rainier Ave S and 5 4th Place and Hardie Ave SW at 5th Place SW. The analysis indicates that the proposed development would add less than three seconds of delay at the study intersections and would not change the Levels of Service (B and D respectively). Hardie Ave SW is a collector street with an existing right-of-way width of 60 feet. As per complete streets, a right of way width of 83 feet is required on Hardie. Ave SW which would require a dedication of approximately 11.5 feet. However, the applicant has submitted a street modification request in order to eliminate the need for dedication. There is no need for a parking lane on Hardie Ave SW and the existing curb could continue to be used as the character of the road has been established without the use of parking. The applicant is providing landscaping and sidewalk within the right of way. The requested modification meets the objective and safety of the code requirements. A street cross section without parking would not be injurious to surrounding property owners and can be shown to be justified for the situation intended. Therefore, staff is in support of the requested modification. F. Parkin . The proposal provides for adequate parking. RMC 4- 4-080 requires 66 parking spaces for the facility. The applicant proposes a total of 132 spaces within a surface parking area to the east of the structure (93 standard stalls, 28 compact stalls, and 11 ADA stalls). The spaces are subject to joint use with the other commercial uses of the Fred Meyer parking lot, but staff testified that even with this limitation there are ample parking spaces at the SITE PLAN VARIANCE, MODIFICATION - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 project site that should meet the limited parking demand created by the proposal. Further, the parking along the project is far removed from the other commercial uses of the shopping center so that it is unlikely that the spaces would be used for any of the existing commercial uses of the center. G. Bicycle Stalls. The proposal provides for adequate bicycle stalls. Per RMC 4-4-080(F)(11) the number of bicycle parking spaces shall be 10% of the number of required off-street parking spaces. Based on the proposal which requires 66 vehicle parking stalls, 7 bicycle parking stalls are required to be provided The applicant is proposing bicycle parking stalls on site. However, it is unclear the number of bicycle parking stalls that would be provided. A condition of approval requires the applicant to submit a revised site plan depicting bicycle parking in conformance with RMC44-080(F)(11). H. Vehicular Access and Internal Circulation. The proposal provides for safe and well integrated access and internal circulation. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop -controlled intersection of Hardie Ave SW and SW 5th Place. The proposal promotes safe and efficient circulation through the shared access points. I. Pedestrian Circulation. The applicant is proposing a pedestrian circulation system throughout the project site which connects all opens space and parking areas and provides good access to the commercial spaces. The main pedestrian walkway which fronts onto the commercial spaces are proposed to be 12 feet wide and all other interior pathways are proposed to be 5 feet wide. The applicant has achieved safe and attractive pedestrian connections throughout the site. J. Landscaping. As conditioned, the proposal provides for adequate landscaping. A conceptual landscape plan was submitted with the project application. The landscape plan includes a planting plan which contains several different tree and shrub species but does not provide specific detail for the number or types of trees as well as the number and spacing of shrubs. A condition of approval requires the applicant to submit a detailed landscape plan to the Current Planning Project Manager prior to construction permit approval complying with RMC 4-4-070. The applicant has proposed landscaping along the frontage of the site (Hardie Ave SW) exceeding the 10-foot landscape requirement with an intervening pedestrian walkway. The applicant has also thoughtfully incorporated landscaping on site in order to create active and SITE PLAN VARIANCE, MODIFICATION - 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 passive recreation opportunities as well as to separate parking and drive aisles into smaller areas. M. Refuse Enclosure. The applicant does not meet the area requirements for a refuse enclosure. At hearing the applicant requested a modification to the refuse standard on the basis that it will be offering trash compaction, thereby eliminating the need for a significant amount of refuse space. The conditions of approval will authorize the applicant to apply for an administrative modification or comply with the refuse standards. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Few adverse impacts are anticipated since the only critical area on site is an aquifer protection area, the proposal will be built upon a paved parking lot surrounded by commercial and multi -family use, and adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Compatibility. The proposal is fully compatible with surrounding land uses. Adjoining uses to the north and east are commercial, railroad tracks to the south and multi -family to the west. The City's extensive design and landscaping standards assure aesthetic compatibility with the multi -family to the west and serve as an improvement over the existing parking lot. B. Li tin . As conditioned, there are no significant light or glare impacts associated with the proposal. The applicant is proposing lighting under the canopy at the building entry and decorative street lighting surrounding the site. However, a lighting plan was not provided with the application; therefore the conditions of approval require a lighting plan that complies with the Design District standards. The lighting plan shall adequately provide for public safety without casting excessive glare on adjacent properties. C. Privacy and Noise. Noise impacts are adequately mitigated. It is anticipated that most of the noise impacts would occur during the construction phase of the project. The applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. The building has a primary orientation to the east for the commercial space. The residential space has been oriented to Hardie Ave SW which currently serves as a multi -family residential access street to existing structures to the west. The open space and courtyard areas have been thoughtfully located on the southern portion of the side which is border by the BNSF railway that experience little traffic and affords privacy to these areas. D. Views. There are no significant view impacts associated with the proposal. There are existing multi -family uses to the west have the benefit of territorial views to the east. However, the units within the existing residential structures are oriented so that windows mostly face the north and south and in large part the units don't enjoy the views to the east. The proposed structure would not block view corridors to shorelines or Mt. Rainier. SITE PLAN VARIANCE, MODIFICATION - 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E. Screening. As designed and conditioned, aesthetically adverse features of the proposal area adequately screened from adjoining uses. All mechanical units and refuse and recyclable areas are proposed to be located within the building and would not be visible from the public. 6. Necessity of Enclosed Parking Variance. The applicants need a variance to enclosed parking requirements because there is no place they can practically enclose parking within the proposed building. The geotechnical report, Ex. 10, concludes that the water level is just a few feet below the ground surface so no excavations deep enough for an underground parking garage can be made. Parking cannot be enclosed to the side because of surrounding parking and utility easements. The only remaining place for parking would be at ground level of the building, which would eliminate the possibility for ground floor pedestrian access for the residential and commercial uses. Conclusions of Law 1. Authority. RMC 4-9-200(B)(2) requires site plan review for all development in the CA zone. RMC 4-8-080(D)(2) requires a public hearing before the hearing examiner for any site plan review of projects involving more than 100 attached residential units. RMC 4-8-080(G) classifies hearing examiner site plan review and variances as Type III permits and modifications as Type I permits. The site plan, variance and modification applications of this proposal have been consolidated. RMC 4-8- 080(C)(2) requires consolidated permits to each be processed under "the highest -number procedure". The site plan and variance applications have the highest numbered review procedures, so all three applications must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoaing/Comprehensive Plan Designations. The subject property is zoned Commercial Arterial (CA) and the comprehensive plan land use designation is Commercial Corridor (CC). 3. Review Criteria. Site plan review standards are governed by RMC 4-9-200(E)(3). Variance criteria are governed by RMC 4-9-250(B)(5). Modifications are governed by RMC 4-9-250(D)(2). All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. Site Plan RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: SITE PLAN VARIANCE, MODIFICATION - 8 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreemen ts,- and iv. Design Regulations: Intent and guidelines of the design regulations located in AMC 4- 3-100. 12. The proposal is consistent with applicable comprehensive plan policies, zoning regulations and design guidelines as outlined in Findings 18(a)-(d) of the staff report, which is adopted by this reference as if set forth in full, including the findings, conclusions and determination that reduction of front and side yard setbacks to zero feet meets applicable criteria. The conclusions on refuse and recyclables are qualified with authorization for the applicant to seek approval of an administrative modification to RMC 4-4-090 in order to allow for reduced refuse/recyclable area due to the use of trash compaction facilities. One important zoning requirement that wasn't addressed in the staff report is note P18 to the zoning use table, RMC 4-2-060. The zoning use table allows attached dwelling units in the CA zone provided the requirements of P18 are met. P18 provides as follows: Only permitted within a structure containing commercial uses on the ground .floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30) in depth along any street frontage. Residential uses shall not be located on the ground floor, except for residential entry features unless determined through the site plan review process that a particular building has no street frontage. The proposal includes numerous ground level residential units along all sides of the building except for the eastern fagade. In order to avoid the ground floor residential restriction of P18, the building must be considered to have no street frontage. This is a debatable proposition given the buildings proximity to Hardie Avenue. For purposes of this decision, it will be concluded that the building has no street frontage because the building's commercial uses are appropriately oriented towards distant Rainier Avenue, for the reasons detailed at p. 21 of the staff report. This is a dangerous position to take, since it opens the door for developers to circumvent the ground floor restrictions of P18 by manipulating building orientation and design. Such a precedent could work to subvert an important purpose of the CA zone, which is to provide for "enhanced pedestrian orientation" in commercial development. Nonetheless, it is fairly clear from the record that Hardie Avenue does not serve as a commercial corridor that would provide convenient pedestrian access to commercial uses. The meaning of "street frontage" is left open by this decision for further deliberation in fature hearings where the parties have a better opportunity to address the issue. RMC 4-9-200(E)(3)(b): Off -Site Impacts: Mitigation of impacts to surrounding properties and uses, including: SITE PLAN VARIANCE, MODIFICATION - 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; iL Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; HL Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive naturalfeatures; v Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and v4 Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 13. The criterion quoted above are met. As determined in Finding of Fact No. 5, the proposal is compatible with surrounding uses. The building scale is completely in character with the numerous commercial and multi -family buildings that surround it, and the City's design regulation assure sufficient modulation and other design features that break up the scale of the building as well. As identified in the Finding of Fact No. 5, all undesirable architectural features are screened from view and there are no adverse view impacts associated with the proposal. As shown in the preliminary landscaping plaza, the building will be shielded on all sides except for the eastern commercial facade with landscaping, which will serve to hide the building and parking from view as well as provide privacy for building residents (especially along the western side). The conditions of approval will require the submission and staff approval of a lighting plan that will prevent excessive brightness and glare from adversely affecting adjoining properties. RMC 4-9-200(E)(3)(c): On -Site Impacts: Mitigation of impacts to the site, including: L Structure Placement. Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale ofproposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; HL Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance ofparking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design SITE PLAN VARIANCE, MODIFICATION -10 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and protection ofplanting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 14. The criteria quoted above are met. As determined in Finding of Fact No. 5, the proposal is compatible with surrounding uses and no views of natural features are significantly compromised. As determined in Finding of Fact No. 4 the proposal will include adequate landscaping. The residential units are oriented as far from the commercial uses of the project site as possible, thus enhancing both privacy and aesthetic compatibility. The building will have two courtyards that are heavily landscaped in order to afford residents a secluded park -like setting in the middle of a heavily asphalted commercial area. Since the project area is mostly comprised of a parking lot, there is not much vegetation that can be removed. The site does contain 43 trees, The applicant will retain two of these trees as discussed at p. 21 of the staff report and required by RMC 4-4-130. Compliance with the City's specific tree retention standards is construed as compliance with the broader vegetation requirements of the criteria quoted above to the extent they apply to trees. As determined in the preceding Conclusion of Law, the landscaping proposed and required of the proposal will assure privacy and enhance compatibility with surrounding uses. RMC 4-9-200(E)(3)(d): Access and Circulation. Safe and efficient access and circulation for all users, including: i Location and Consolidation: Providing access points on side streets orfrontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties, iL Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; & Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 15. The criteria quoted above are met. The proposal doesn't provide any new access point onto an arterial street and uses existing access points from Rainier Avenue. Access is well integrated with the numerous other commercial uses in the Fred Meyer shopping center. The proposal includes a safe and efficient internal circulation system, including pedestrian facilities, for the reasons identified in Finding of Fact No. 4. There are no loading and delivery areas proposed for the commercial uses of the project. As determined in Finding of Fact No. 4, the proposal will provide bicycle parking spaces in conformance with RMC4-4-080F.I I . The administrative record does not have information on transit SITE PLAN VARIANCE, MODIFICATION - I I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 facilities so the conditions of approval will require staff to verify compliance with the transit requirements of the criterion quoted above. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 16. The criterion quoted above is met for the reasons identified in the open space section of Finding of Fact No. 4. RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 17. The proposal would not impair view corridors to shorelines or Mt. Rainier as determined in Finding of Fact No. 5. The proposal is not in proximity to any shoreline. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 18. There are no natural systems at the site or that would be affected by the proposal. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 19. The project is sewed by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 20. The project is not phased Variance RMC 4-9-250(B)(5)(a): That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; 21. The criterion is met due to the presence of a shallow aquifer and easement restrictions as determined in Finding of Fact No. 6. SITE PLAN VARIANCE, MODIFICATION - 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RMC 4-9-250(S)(5)(b): That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; 22. As determined in Finding of Fact No. 5, no significant adverse impacts will be created by the proposal. The exterior parking authorized by the requested variance should specifically not result in any adverse impacts given the extensive outdoor parking already present at the site. In the absence of any significant impacts, the impacts of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone. RMC 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of otherproperties in the vicinity and zone in which the subject property is situated; 23. All of the other uses in the shopping center use outdoor parking. There is no special privilege. RMC 4-9-250(B)(5)(d): That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose. 24. No indoor parking is feasible for the proposal. The requested variance is the minimum necessary. Modifications RMC 4-9-250(D)(2): Whenever there are practical diculties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineeringjudgment; c. Wzll not be injurious to other property(ies) in the vicinity, d Conforms to the intent and purpose of the Code; e. Can be shown to be just f ed and required for the use and situation intended; and f Will not create adverse impacts to otherproperty(ies) in the vicinity. 25 25. The criterion above are met for the requested modification to RMC 4-6-060 for the reasons 26 identified in Finding of Fact No. 4(E). Requiring a dedication to accommodate the on street parking SITE PLAN VARIANCE, MODIFICATION - 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 required by RMC 4-6-060 would result in the reduction of affordable housing units given the constraints of the site and staff have determined that on -street parking is not necessary given the ample parking on -site and the historical absence of street parking on Hardie in the project vicinity. DECISION All applicable permitting criteria are met as outlined in the Conclusions of Law above. As conditioned below, the site plan, variance and waiver are approved. Site plan approval is subject to the following conditions: 1. The applicant shall comply with the six mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated March 22, 2010. 2. The applicant shall be required to submit to the Current Planning Project Manager sizing and location detail for the refuse and recyclable deposit area prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. The applicant may request a modification of the refuse/rmyclable area requirements from staff. 3. The applicant shall be required to submit a revised landscaping plan depicting 10-feet of landscaping between the sidewalk and building on the western portion of the northern facade which includes substantial landscaping. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 4. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 5. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the northern and western facades. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 6. The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and not just color or direction of siding. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the entire building for a height appropriate to the scale of the structure. 7. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, cast -in -place concrete, or other high quality material. SITE PLAN VARIANCE, MODIFICATION - 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. The lighting plan skull be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 9. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC 4-4-080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 10. The applicant shall be required to submit a recorded release of easement for the portion of water main under the proposed building permit. The release of easement shall be submitted to the Current Planning Plan Reviewer prior to construction permit approval. 11. The applicant shall be required to resize and/or relocate the proposed structure to avoid encroachment into the existing sewer main easement on the southern portion of the site. The revised site plan shall be submitted to, and approved by, the PIan Reviewer prior to construction permit approval. 12. The applicant shall be required to record the necessary covenants or declarations of restrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval_ 13. If not done so already, staff shall verify whether the proposal can be made to contribute to transit facilities as consistent with the intent of RMC 4-9-200(E)(3)(d)(iv) and condition the project accordingly. DATED this 7 h day of April, 2014. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC.4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). Anew fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510. SITE PLAN VARIANCE, MODIFICATION - 15 1 Affected property owners may request a change in valuation for property tax purposes notwithstanding 2 any program of revaluation. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE FLAN VARIANCE, MODIFICATION - 16 • 0 Hearing Examiner's Decision Denis Law - - Mayor! April 8, 2014 Charles Morgan Charles Morgan & Associates Architects 7301 Beverly Ln Everett, WA 98203 Re: Final Decision for Renton Center Senior Living LUA-13-001726, SA-H, EDF, VAR, MOD Dear Mr. Morgan: City of.. V City Clerk -Bonnie I. Walton Attached is your copy of the Hearing Examiner's Final Decision dated April 7, 2014, in the above -referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Rocale Timmons, Associate Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Lisa McElrea, Development Services Parties of Record (10) 1055 South Grady Way • Renton, Washington 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov Eafy PeelO Labels Use AveryO Template 51600 i Gretchen Kaeier DAHP PO Box 48343 Olympia, WA 98504 RENTON SCHOOL DIST403 300 SW 7TH ST RENTON, WA 98055. Greg Guillen CG Engineering 250 4" Av S, #200 Edmonds, WA 98020 Chevy Chase CG Engineering 250 4th Av S, #200 Edmonds, WA 98020 A Send along line to Feed Paper expose Pop-up EdgeTH j Chris Santoro Vintage Canndle 3424 Via Oporto, 201 Newport Beach, CA 92663 Tony Mazzarella 5015 15th Ave NW Seattle, WA 98107 Carmel Gregory CG Engineering 250 4th Av S, #200 Edmonds, WA 98020 Bruce Eskeberg 323 Telegraph Road Bellingham, WA AVERY® 51600 John Knutson Renton School District 300 SW 7th St Renton, WA 98057 Charles Mo ., o rya n Charles Morgan & Associates Architects 7301 Beverly Ln Everett, WA 98203 Glenn Amster 9015th Av, #4000 Seattle, WA 98164 kitluettes faciles A peler ; A Repliez 31a hachure afin do ; WWWAveryaom Utilisez le gabarit AVERYO 51600 1 chSe dent rtler le rebord Pop-upm j 1-800-GO AVERY i 1 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF RENTON RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Renton Center Senior Living Conditional Use, Site Plan, Variance and Modification LUA13-001726, SA-H, ECF, VAR, MOD FINAL DECISION Summary The applicant has applied for site plan approval and an associated parking variance and street design standard modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space located adjacent to the Fred Meyer shopping center located at 625 Renton Center Way. The applications are approved subject to conditions. Testimony Rocalle Timmons summarized the staff report. She noted that all the parking for the facility is subject to shared parking with the other commercial uses adjoining the site. Staff concluded that there is so much excess shared parking that the parking standards for the facility are met. Also, the parking adjacent to the facility is far removed from the other commercial uses such that it would be rarely used by the commercial uses. Ms. Timmons also confirmed that easements in the parking area would not make it possible to build an adjoining garage. Ms. Timmons also noted that it may be possible that an aquifer recharge area is located at the project site, but this would not result in any need for additional mitigation at this stage of review. SITE PLAN VARIANCE, MODIFICATION - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Glenn Amster, attorney for applicants, testified that the proposal is for low income senior house, seniors with less than 60% of mean annual income_ He noted that the project parcel is part of the entire Fred Meyer shopping center and that most residents will not have cars. He noted that he didn't get the staff report until the preceding Thursday or Friday and that he hadn't the opportunity to work out concerns over some conditions with staff. The applicant would like a modification to Condition 2, which requires a thousand square feet for trash area collection. The applicant will be using trash compactors, which will reduce trash bulk by 3040%. The residents are also low income citizens and not high volume consumers. Condition 3 can be read to require a 10 foot setback on the eastern side of the northern facade, which would result in the elimination of building area because of the presence of a fire Iane. This would result in the loss of some residential units. He requested that Condition 3 not be interpreted to include the eastern side of the north facade. The applicant asks that Condition 4 be deleted. Requiring direct pedestrian access by each residential unit would create security and privacy problems. As proposed, the units are fenced off from the adjoining street frontages. Conditions 6,7 and 8 make references to "high quality" and brick etc., which could result a substantial increase in cost. This could result in costs that are 3-8 times what the planned materials would cost. Ms. Timmons noted that for the refuse condition modification, staff would support the request. The examiner noted that since the refuse modification had not been advertised for the hearing that he would authorize staff to process the request administratively if consistent with the project review criteria. She confirmed that Condition 3 was intended to only apply to the eastern side of the northern facade_ Staff would support the deletion of Condition 4. Ms. Timmons noted that the connectivity requirement comes from the design standards and that the code only requires that the intent of the design standards need to be satisfied, thus providing flexibility in application. She noted that the proposal includes pedestrian connections to all numerous common entrances to the building, providing the connectivity contemplated by the design standards. As to Conditions 6, 7 and 8, the design standards are very explicit about use of "high quality" materials. RMC 4-3-100, for example, makes several explicit references to high quality materials and examples are provided. The code only provides examples and staff has the flexibility to authorize other high quality materials. Mr. Amster stated that it appears that staff will read Conditions 6-8 in a flexible manner. He is comfortable that the applicant will be able to propose materials that staff will find adequate. Greg Guillen, project architect, noted that as to opportunities for senior living in Renton there are 110 units in Evergreen Place, 55 in Auburn Independent Living, Emeritus has 105 units, GenCare 118 units, Merrell Gardens 159 units, Spencer Court 73 units — the only low income units and Chateau and Valley Center at 44 units for a total of 604 units with only 73 affordable units in Renton. Exhibits Exhibits 1-14, identified at page 2 of the staff report, were admitted into the record during the hearing. The following exhibits were also adnutted during the hearing: Exhibit 15 Amster memo dated March 25, 2014. Exhibit 16 Staff power point presentation SITE PLAN VARIANCE, MODIFICATION - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit 17 Brochure depicting construction materials Exhibit 18 Photographs of other projects Findings of Fact Procedural: 1. Applicant. Renton School District. 2. Hearin . A hearing was held on the subject application on March 25, 2014 in the City of Renton City Council Chambers. 3_ Project Description. The applicant has applied for site plan approval and an associated parking variance and street design standard modification for the construction of a 5-story nixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space located adjacent to the Fred Meyer shopping center located at 625 Renton Center Way. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located on the east side of Hardie Ave SW at the BNSF railway, just north of SW 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. Per RMC 4-2-120A parking for residential units is required to be enclosed within the same building as the unit it serves. As a result, the applicant is requesting a variance in order to locate the proposed parking within the surface parking lot. There appear to be no critical areas located on site except for potentially an aquifer recharge area. 4. Adequacy of Infiastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. The City of Renton will provide both sewer and water to the project. There is existing 12-inch diameter water main on the frontage of Hardie Ave SW. The project proposes the extension of 12-inch diameter water main through the site to connect with the existing water main located within the site. A 15-foot wide utility easement is proposed to be given to the City. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. Therefore, a condition of approval requires the applicant to submit a recorded release of easement for the SITE PLAN VARIANCE, MODIFICATION - 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 portion of water main under the proposed building permit. The release of easement shall be submitted to the Current Planning Plan Reviewer prior to construction permit approval. The project plans did not include the existing 8-inch diameter sewer line (S0242) and the existing easement located towards the south of the site. The building will have to be resized and/or relocated to not encroach on City utilities and easements. The conditions of approval require the applicant to resize and/or relocate the proposed structure to avoid encroachment into the existing sewer main easement on the southern portion of the site. B. Fire and Police. The project site will be served by the City of Renton fire and police departments. Fire and police department staff have determined that existing facilities are adequate to serve the development. The applicant will be required to pay fire impact fees. C. Drainage. A conceptual drainage plan and report stamped by a PE was submitted with the formal application (Exhibit 11). City staff have determined that the drainage plan complies with vested City of Renton Amendments to the 2009 King County Surface Water Design Manual. Proposed impervious surface area will be actually less than existing impervious surface area and the site is already served with storm drainage facilities. However, the project does trigger water quality treatment requirements. The project includes a commercial space and multi -family development, therefore enhanced basic water quality is applicable. The conceptual drainage plan disclosed existing flooding problems on Hardie Ave SW at the BNSF railroad underpass due to insufficient downstream capacity to convey the runoff from the highly urbanized upstream basin are, of which the subject proposal is located. The City's Surface Water utility CIP includes a project to improve conveyance capacity to reduce flooding problems at the Hardie Ave SW and BNSF railroad location. The first phase of the project includes the installation of a 60-inch storm conveyance system for an outfall at Naches Ave SW and Lind Ave SW (LUA13-000800). Therefore, no additional downstream capacity improvements are needed in order to accommodate the proposed development. D. Parks/Open Space. The applicant will be required to pay park impact fees, which are designed to fund the demand for park and open space facilities generated by residential development. The applicant is proposing a total of 14,707 square feet of courtyards which exceeds the 50 square/unit requirement. All units are also proposed to either have a ground floor patio or a private deck for the upper story units. There is also a large public deck located on the 3 ra floor over the social room that opens off the game room. The applicant has incorporated an entry plaza located on the east side of the structure near the primary entrance. The applicant SITE PLAN VARIANCE, MODIFICATION - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 is proposing pedestrian seating throughout the site_ This pedestrian plazas and courtyards serve as a distinctive focal point. The plaza and courtyard space is proposed to incorporate hardscape and landscaping to allow for passive recreation activities- E. Transportation. Traffic impacts are adequately mitigated by the proposal. Level of service standards will not be reduced below adopted levels for the proposal and traffic impact fees will be assessed to pay for proportionate share transportation system impacts_ A street frontage dedication for Hardie Avenue will be waived as unnecessary through the modification process. A traffic study prepared by Gibson Traffic Consultants, dated December 2013, was submitted with the site plan application and has been reviewed (Exhibit 14). The analysis is acceptable as submitted. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop - controlled intersection of Hardie Ave SW and SW 5`h Place_ The traffic report included level of service analysis for the intersections of Rainier Ave S and S 4th Place and Hardie Ave SW at 5th Place SW. The analysis indicates that the proposed development would add less than three seconds of delay at the study intersections and would not change the Levels of Service (B and D respectively)_ Hardie Ave SW is a collector street with an existing right-of-way width of 60 feet. As per complete streets, a right of way width of 83 feet is required on Hardie Ave SW which would require a dedication of approximately 11.5 feet. However, the applicant has submitted a street modification request in order to eliminate the need for dedication. There is no need for a parking lane on Hardie Ave SW and the existing curb could continue to be used as the character of the road has been established without the use of parking. The applicant is providing landscaping and sidewalk within the right of way. The requested modification meets the objective and safety of the code requirements. A street cross section without parking would not be injurious to surrounding property owners and can be shown to be justified for the situation intended. Therefore, staff is in support of the requested modification. F. Parking. The proposal provides for adequate parking. RMC 4-4-080 requires 66 parking spaces for the facility. The applicant proposes a total of 132 spaces within a surface parking area to the east of the structure (93 standard stalls, 28 compact stalls, and 11 ADA stalls). The spaces are subject to joint use with the other commercial uses of the Fred Meyer parking lot, but staff testified that even with this limitation there are ample parking spaces at the SITE PLAN VARIANCE, MODIFICATION - 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 project site that should meet the limited parking demand created by the proposal. Further, the parking along the project is far removed from the other commercial uses of the shopping center so that it is unlikely that the spaces would be used for any of the existing commercial uses of the center. G. Bicycle Stalls. The proposal provides for adequate bicycle stalls. Per RMC 4-4-080(F)(l 1) the number of bicycle parking spaces shall be 10% of the number of required off-street parking spaces. Based on the proposal which requires 66 vehicle parking stalls, 7 bicycle parking stalls are required to be provided. The applicant is proposing bicycle parking stalls on site. However, it is unclear the number of bicycle parking stalls that would be provided. A condition of approval requires the applicant to submit a revised site plan depicting bicycle parking in conformance with RMC4-4-080(F)(I 1). H. Vehicular Access and Internal Circulation. The proposal provides for safe and well integrated access and internal circulation. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop -controlled intersection of Hardie Ave SW and SW 5th Place. The proposal promotes safe and efficient circulation through the shared access points. I. Pedestrian Circulation. The applicant is proposing a pedestrian circulation system throughout the project site which connects all opens space and parking areas and provides good access to the commercial spaces. The main pedestrian walkway which fronts onto the commercial spaces are proposed to be 12 feet wide and all other interior pathways are proposed to be 5 feet wide. The applicant has achieved safe and attractive pedestrian connections throughout the site. J. Landscaping. As conditioned, the proposal provides for adequate landscaping. A conceptual landscape plan was submitted with the project application. The landscape plan includes a planting plan which contains several different tree and shrub species but does not provide specific detail for the number or types of trees as well as the number and spacing of shrubs. A condition of approval requires the applicant to submit a detailed landscape plan to the Current Planning Project Manager prior to construction permit approval complying with RMC 44-070. The applicant has proposed landscaping along the frontage of the site (Hardie Ave SW) exceeding the 10-foot landscape requirement with an intervening pedestrian walkway. The applicant has also thoughtfully incorporated landscaping on site in order to create active and SITE PLAN VARIANCE, MODIFICATION - 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 passive recreation opportunities as well as to separate parking and drive aisles into smaller areas. M. Refuse Enclosure. The applicant does not meet the area requirements for a refuse enclosure. At hearing the applicant requested a modification to the refuse standard on the basis that it will be offering trash compaction, thereby eliminating the need for a significant amount of refuse space. The conditions of approval will authorize the applicant to apply for an administrative modification or comply with the refuse standards. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Few adverse impacts are anticipated since the only critical area on site is an aquifer protection area, the proposal will be built upon a paved parking lot surrounded by commercial and multi -family use, and adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Compatibility. The proposal is fully compatible with surrounding land uses. Adjoining uses to the north and east are commercial, railroad tracks to the south and multi -family to the west. The City's extensive design and landscaping standards assure aesthetic compatibility with the multi -family to the west and serve as an improvement over the existing parking lot. B. Lightinn . As conditioned, there are no significant light or glare impacts associated with the proposal. The applicant is proposing lighting under the canopy at the building entry and decorative street lighting surrounding the site. However, a lighting plan was not provided with the application; therefore the conditions of approval require a lighting plan that complies with the Design District standards. The lighting plan shall adequately provide for public safety without casting excessive glare on adjacent properties. C. Privacy and Noise. Noise impacts are adequately mitigated. It is anticipated that most of the noise impacts would occur during the construction phase of the project. The applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. The building has a primary orientation to the east for the commercial space. The residential space has been oriented to Hardie Ave SW which currently serves as a multi -family residential access street to existing structures to the west. The open space and courtyard areas have been thoughtfully located on the southern portion of the side which is border by the BNSF railway that experience Iittle traffic and affords privacy to these areas. D. Views. There are no significant view impacts associated with the proposal. There are existing multi -family uses to the west have the benefit of territorial views to the east. However, the units within the existing residential structures are oriented so that windows mostly face the north and south and in large part the units don't enjoy the views to the east. The proposed structure would not block view corridors to shorelines or Mt. Rainier. SITE PLAN VARIANCE, MODIFICATION - 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E. Screening. As designed and conditioned, aesthetically adverse features .of the proposal area adequately screened from adjoining uses. All mechanical units and refuse and recyclable areas are proposed to be located within the building and would not be visible from the public. 6. Necessity of Enclosed Parking Variance. The applicants need a variance to enclosed parking requirements because there is no place they can practically enclose parking within the proposed building. The geotechnical report, Ex. 10, concludes that the water level is just a few feet below the ground surface so no excavations deep enough for an underground parking garage can be made. Parking cannot be enclosed to the side because of surrounding parking and utility easements. The only remaining place for parking would be at ground level of the building, which would eliminate the possibility for ground floor pedestrian access for the residential and commercial uses. Conclusions of Law 1. Authority. RMC 4-9-200(B)(2) requires site plan review for all development in the CA zone. RMC 4-8-080(D)(2) requires a public hearing before the hearing examiner for any site plan review of projects involving more than 100 attached residential units_ RMC 4-8-080(G) classifies hearing examiner site plan review and variances as Type III permits and modifications as Type 1 permits. The site plan, variance and modification applications of this proposal have been consolidated. RMC 4-8- 080(C)(2) requires consolidated permits to each be processed under "the highest -number procedure'. The site plan and variance applications have the highest numbered review procedures, so all three applications must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Commercial Arterial (CA) and the comprehensive plan land use designation is Commercial Corridor (CC). 3. Review Criteria. Site plan review standards are governed by RMC 4-9-200(E)(3). Variance criteria are governed by RMC 4-9-250(B)(5). Modifications are governed by RMC 4-9-250(D)(2). All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. Site Plan RMC 4-9-200(E)(3): Criteria: The Administrator or designee mustfind a proposed project to be in compliance with thefollowing: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: SITE PLAN VARIANCE, MODIFICATION - 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii_ Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4- 3-100. 12. The proposal is consistent with applicable comprehensive plan policies, zoning regulations and design guidelines as outlined in Findings 18(a)-(d) of the staff report, which is adopted by this reference as if set forth in full, including the findings, conclusions and determination that reduction of front and side yard setbacks to zero feet meets applicable criteria. The conclusions on refuse and recyclables are qualified with authorization for the applicant to seek approval of an administrative modification to RMC 44-090 in order to allow for reduced refuse/recyclable area due to the use of trash compaction facilities. One important zoning requirement that wasn't addressed in the staff report is note P18 to the zoning use table, RMC 4-2-060. The zoning use table allows attached dwelling units in the CA zone provided the requirements of P18 are met. P18 provides as follows: Only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30) in depth along any street frontage. Residential uses shall not be located on the ground floor, except for residential entry features unless determined through the site plan review process that a particular building has no street frontage. The proposal includes numerous ground level residential units along all sides of the building except for the eastern facade. In order to avoid the ground floor residential restriction of P 18, the building must be considered to have no street frontage. This is a debatable proposition given the buildings proximity to Hardie Avenue. For purposes of this decision, it will be concluded that the building has no street frontage because the building's commercial uses are appropriately oriented towards distant Rainier Avenue, for the reasons detailed at p. 21 of the staff report. This is a dangerous position to take, since it opens the door for developers to circumvent the ground floor restrictions of P 18 by manipulating building orientation and design. Such a precedent could work to subvert an important purpose of the CA zone, which is to provide for "enhanced pedestrian orientation" in commercial development. Nonetheless, it is fairly clear from the record that Hardie Avenue does not serve as a commercial corridor that would provide convenient pedestrian access to commercial uses. The meaning of"street frontage" is left open by this decision for further deliberation in future hearings where the parties have a better opportunity to address the issue. RMC 4-9-200(E)(3)(b): Off -Site Impacts: Mitigation of impacts to surrounding properties and uses, including: SITE PLAN VARIANCE, MODIFICATION - 9 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; iL Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; & Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooflop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability afmaintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vL Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 13. The criterion quoted above are met. As determined in Finding of Fact No. 5, the proposal is compatible with surrounding uses. The building scale is completely in character with the numerous commercial and multi -family buildings that surround it, and the City's design regulation assure sufficient modulation and other design features that break up the scale of the building as well. As identified in the Finding of Fact No. 5, all undesirable architectural features are screened from view and there are no adverse view impacts associated with the proposal. As shown in the preliminary landscaping plan, the building will be shielded on all sides except for the eastern commercial facade with landscaping, which will serve to hide the building and parking from view as well as provide privacy for building residents (especially along the western side). The conditions of approval will require the submission and staff approval of a lighting plan that will prevent excessive brightness and glare from adversely affecting adjoining properties. RMC 4-9-200(E)(3)(c): On -Site .Impacts: Mitigation of impacts to the site, including: L Structure Placement: Provisions for privacy and noise reduction by buildingplacement, spacing and orientation; iL Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; & Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design SITE PLAN VARIANCE, MODIFICATION - 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and protection ofplanting areas so that they are less susceptible to damage from vehicles or pedestrian movements- 14. The criteria quoted above are met. As determined in Finding of Fact No. 5, the proposal is compatible with surrounding uses and no views of natural features are significantly compromised. As determined in Finding of Fact No. 4 the proposal will include adequate landscaping. The residential units are oriented as far fi-om the commercial uses of the project site as possible, thus enhancing both privacy and aesthetic compatibility. The building will have two courtyards that are heavily landscaped in order to afford residents a secluded park -like setting in the middle of a heavily asphalted commercial area. Since the project area is mostly comprised of a parking lot, there is not much vegetation that can be removed. The site does contain 43 trees, The applicant will retain two of these trees as discussed at p. 21 of the staff report and required by RMC 4-4-130. Compliance with the City's specific tree retention standards is construed as compliance with the broader vegetation requirements of the criteria quoted above to the extent they apply to trees. As determined in the preceding Conclusion of Law, the landscaping proposed and required of the proposal will assure privacy and enhance compatibility with surrounding uses. RMC 4-9-200(E)(3)(d): Access and Circulation: ,safe and efficient access and circulation for all users, including: L Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; HL Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas, - iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 15. The criteria quoted above are met. The proposal doesn't provide any new access point onto an arterial street and uses existing access points from Rainier Avenue. Access is well integrated with the numerous other commercial uses in the Fred Meyer shopping center. The proposal includes a safe and efficient internal circulation system, including pedestrian facilities, for the reasons identified in Finding of Fact No. 4. There are no loading and delivery areas proposed for the commercial uses of the project. As determined in Finding of Fact No. 4, the proposal will provide bicycle parking spaces in conformance with RMC4-4-080F.11. The administrative record does not have information on transit SITE PLAN VARIANCE, MODIFICATION - 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 facilities so the conditions of approval will require staff to verify compliance with the transit requirements of the criterion quoted above. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants users of the site. 16. The criterion quoted above is met for the reasons identified in the open space section of Finding of Fact No. 4. RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 17. The proposal would not impair view corridors to shorelines or Mt. Rainier as determined in Finding of Fact No. 5. The proposal is not in proximity to any shoreline. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable_ 18. There are no natural systems at the site or that would be affected by the proposal. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public .services and facilities to accommodate the proposed use. 19. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 20. The project is not phased. Variance RMC 4-9-250(B)(5)(a): That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; 21. The criterion is met due to the presence of a shallow aquifer and easement restrictions as determined in Finding of Fact No. 6. SITE PLAN VARIANCE, MODIFICATION - 12 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-250(B)(5)(b): That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; 22. As determined in Finding of Fact No. 5, no significant adverse impacts will be created by the proposal. The exterior parking authorized by the requested variance should specifically not result in any adverse impacts given the extensive outdoor parking already present at the site. In the absence of any significant impacts, the impacts of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone. RMC 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; 23. All of the other uses in the shopping center use outdoor parking. There is no special privilege. RMC 4-9-250(B)(5)(d): That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose. 24. No indoor parking is feasible for the proposal. The requested variance is the minimum necessary. Modifications RMC 4-9-250(D)(2): Whenever there are practical dif involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; c. Will not be injurious to other property(ies) in the vicinity; d Conforms to the intent and purpose of the Code; e_ Can be shown to be justified and required for the use and situation intended, and f Will not create adverse impacts to other property(ies) in the vicinity. 25. The criterion above are met for the requested modification to RMC 4-6-060 for the reasons identified in Finding of Fact No. 4(E). Requiring a dedication to accommodate the on street parking SITE PLAN VARIANCE, MODIFICATION - 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W required by RMC 4-6-060 would result in the reduction of affordable housing units given the constraints of the site and staff have determined that on -street parking is not necessary given the ample parking on -site and the historical absence of street parking on Hardie in the project vicinity. DECISION All applicable permitting criteria are met as outlined in the Conclusions of Law above. As conditioned below, the site plan, variance and waiver are approved. Site plan approval is subject to the following conditions: 1. The applicant shall comply with the six mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated March 22, 2010. 2. The applicant shall be required to submit to the Current Planning Project Manager sizing and location detail for the refuse and recyclable deposit area prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. The applicant may request a modification of the refiise/recyclable area requirements from staff. 3. The applicant shall be required to submit a revised landscaping plan depicting 10-feet of landscaping between the sidewalk and building on the western portion of the northern fagade which includes substantial landscaping. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 4. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 5. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the northern and western facades. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 6. The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and not just color or direction of siding. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the entire building for a height appropriate to the scale of the structure. 7. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, cast -in -place concrete, or other high quality material. SITE PLAN VARIANCE, MODIFICATION - 14 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. The applicant shall be required to provide alighting plan that adequately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. The lighting plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 9. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC 4-4-080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 10. The applicant shall be required to submit a recorded release of easement for the portion of water main under the proposed building permit. The release of easement shall be submitted to the Current Planning Plan Reviewer prior to construction permit approval. 11. The applicant shall be required to resize and/or relocate the proposed structure to avoid encroachment into the existing sewer main easement on the southern portion of the site. The revised site plan shall be submitted to, and approved by, the Plan Reviewer prior to construction permit approval. 12. The applicant shall be required to record the necessary covenants or declarations of restrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval. 13. If not done so already, staff shall verify whether the proposal can be made to contribute to transit facilities as consistent with the intent of RMC 4-9-200(E)(3)(d)(iv) and condition the project accordingly. DATED this 7`' day of April, 2014. h,r:1 016v his City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). Anew fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7`h floor, (425) 430-6510. SITE PLAN VARIANCE, MODIFICATION - 15 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. SITE PLAN VARIANCE, MODIFICATION - 16 CITY OF RENTON - DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: March 19, 2014 To: City Clerk's Office From: Lisa M. Mcelrea Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Ckark's nffire. Project Name: Renton Center Senior Living LUA (file) Number: LUA-13-001726, SA-H, ECF, VAR, MOD Cross -References: AKA`s: Project Manager: Rocale Timmons Acceptance Date: January 9, 2014 Applicant: Chris Santoro; Vintage Canddle Owner: John Knutson; Renton School District #403 Contact: Charles Morgan, Charles Morgan & Associates Architects PID Number: 1823059238 ERC Determination: DNS-M Date: January 27, 2014 Appeal Period Ends: February 14 2014 Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space. Location: 625 Renton Center Way Comments: ERC Determination Types. DNS - Determination of Non -Significance; DNS-M - Determination of Non -Significance -Mitigated; DS - Determination of Significance. ........ .........r 4 ..:<^_.:....':'"'"'" :.. ,: E{'. 6 ....:...... t{��{FEE(t E .Y .............."....^ E6 EE' rF .. <. ...... ..... , fSC.E.€§E'f§rt... _.....o-..».............�;.r,r, FF {5 ;fie yp� {E € < !':[s::: ................... ...'. .. ......YPEFE E E ."... ..................,.,..ems... ..i e,€ e <r. ........ <....._:....... �. .Y� ...... .,.....".... €.3f, .rm.,R ..................".".._............ Et. Ff :€ - .. ..... .,.. .. ..-«::......... . Y:'., f. € ...E"....... { t [ SEE€€€€ E§ �EE F ...... ..,.€r [„ .......... ............ .. .e E�. .:.....-- ^^%a'.f � " EE<'�.�............."."."..........e..ddPr E.,r,. "Fir:dYh' '�Y..T `9 . P8 IF ". ".-.,.....E�;.F,r.FEr,E .«...... ^... E,EFE�EFi�Eit#.F�iEI€ , ,.:._."..."..,_ ..",,..."..:Er ... �.- �.:::i::;F; �' �-Y €� ". :.:::::.:::::::.•_:.:�-;;°:E°.� .y 4 :w € 4E�RTMENT OF�QM�!$ u[� D1fE1 QPi4�fNTq SLAIN 111:::: P ......, i �. r ei,.A <....__ - Y-- T ..:,..,..,. T.S. €� E 3 :.�' ht€€ � Y "". �.. .. "I �. S E€:�6FF E: < I S €�.. f Y....i :.�. ^e^, . .�.^.'R". ': N L 7 �� �F-VL'i�H_ P$VI By MA € - 4 i��$€§f$€o- ate"' i� € C( €'i� ..€.€B€. €f €...t...E On the 19th day of March, 2014, i deposited in the mails of the United States, a sealed envelope containing Hearing Examiner Reports and Exhibits documents. This information was sent to: :� s':;^::^F L.x ...vFS.:..� .,..........r.. 6PE�E �.ss, ..i.{E € ..«.c:'... FS .�" (tErriE;"iu i{( ¢ ,. '.r ............... €._. [ ESE » :'.'x..............i .. r E :n::............ _..... i..§... Ei... Phil Olbrechts Hearing Examiner See attached Owner, Contact, Applicant See attached Parties of Record (Signature of Sender): �" 41'L( STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Lisa M. McElrea signed this instrument and acknowledged it to be his/her/their free and voluntary mentioned in the instrument. Dated: "trjr-"- L- I q r Notary (Print): My appointment expires: ,..,�y1►tilllf pow se d pm-rposes s _r smol Public in and for the State of Washington Reserve at Renton Center Senior Living LUA13-001726 S1 �� )C/y Chris Santoro 3424 Via Oporto, 201 Newport Beach, CA 92663 (949) 715-7099 1211 RENTON SCHOOL DIST 403 300 SW 7TH ST RENTON, WA 98055 Tony Mazzarella 5015 15th Ave NW Seattle, WA 98107 (206) 661-4808 Re,-rve at Renton Senior Li\.,,ng LUA1 3-001726 PARTIES OF RECORD Charles Morgan 7301 Beverly Ln Everett, WA 98203 (425) 353-2888 info@cmaarch.com Gretchen Kaeler PO Box 48343 Olympia, WA 98504 (360) 586-3088 CG Engineering 250 4th Ave S, 200 Edmonds, WA 98020 (425) 778-8500 John Knutson 300 SW 7th St Renton, WA 98057 (425) 204-2387 Page 1 of 1 PLAN REVIEW COMMENTS (LU 11-001726) ® (( City of; ;Y 4 PLAN ADDRESS: 625 RENTON CENTER SW WAY APPLICATION DATE: 1212312013 RENTON, WA 98057 DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 71h St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. Per RMC 4-2-120A parking for residential units is required to be enclosed within the same building as the unit it serves. As a result, the applicant is requesting a Variance in order to locate the proposed parking within the surface parking lat. There appear to be no critical areas located on site. 2M 3M 4 - The project was placed on hold due to the need for a Variance for the surface parking. V27M4 - Appiicant submitted Variance justification and fee for surface parking. Additionally, the applicant revised to proposal to reduce the commercial space from 7,591 square feet of area to 4.536 square feet. Community Services Review Leslie Betlach Ph: 425-430-6619 email: LBetlach@rentonwa.gov Recommendations: Landscape Plan —does not define or illustrate the planting strip so cannot determine width; planting strip shall be 8 feet wide minimum. Street trees shown on plan not defined and spaced too closely: Add only one (1) street tree at this location that is centered in lot. Species shall be Ginkgo (Ginkgo biloba 'Autumn Gold'). Recommendations: Parks Impact Fee in accordance with Resolution 5670 applies. Engineering Review Rohini Nair Ph: 425.430-7298 email: mair@rentonwa.gov Recommendations: l have completed a preliminary review for the above referenced proposed mixed -use building containing 219 senior living apartments and 7,591 square feet of commercial space proposal. The following comments are based on the application submittal made to the City of Renton by the applicant. EXISTING CONDITIONS WATER: The site is located in the City of Renton water service area. SEWER: The site is located in the city of Renton sewer service area. STORM: There is storm drainage in Hardie Way. STREET: Hardie Way fronting the site is a collector street. CODE REQUIREMENTS Water 1. The subject development is within the city of Renton water service area. 2. There is existing 12" diameter water main on the frontage of Hardie Way. 3. The project proposes the extension of 12" diameter water main through the site to connect with existing water main located within the site. A 15' wide utility easement is proposed to be given to the City. 4. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. 5. The utility construction plan will have to show the verified information that the 4" water meter vault (5' x T) will fit in the sidewalk area. Or, the water meter vault will have to be moved to the planter / parking stall location. 6. Fire hydrants as required by the fire department must be provided by the project. 7. The development is subject to applicable water system development charges (SDC) and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current rate of SDC fee for 1" domestic meter is $2809.00, B. Civil plans for the water main improvements and for the relocation of the existing water main will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. 2. The project proposes to connect to the existing 10" diameter sewer line (S2165) located to the north of the site. 3. The project elements do not include a common kitchen for the residential portion and the commercial space is not planned to have a kitchen, therefore a grease interceptor is not proposed. 4. System development fee for sewer is based on the size of the new domestic water to serve the proposed project. The current rate for 1" meter is $2033.00. March 19, 2014 Page 1 of 3 Fire Review • Building 5. The plans did not include the existing 8" dlameter sewer line (50242) and the existing easement located towards the south of the site. The building wlll to be resized and/or relocated to not encroach on City of end easements. Please confirm the sewer line in the survey a rovide the information. This can be reviewed with the utih , - nstruction permit. 6. There may be separation conflct of the existing sewer line (50242) located in the south side of the property and the proposed storm line. Adequate horizontal and separation must be provided between utility lines. Stormwater 1. A Technical Information Report (TIR) prepared by CG Engineering, was submitted for the proposed project. The drainage report follows the 2009 King County Surface Water Manual and City Amendments. Based on the City's flow control map, this site falls within the Peak Rate Flow Control Standard (Existing Site Conditions). The TIR mentions that the proposed impervious surface area is lesser than the existing impervious surface area and the peak flaw control rates are lesser in the post development scenario. Therefore, the report mentions that a flow Control facility is not required. The project triggers the water quality system requirement. Since the project includes a commercial space and multi -family development, enhanced basic water quality is applicable. Any exception to the enhanced basic quality and change to basic water quality must meet the requirements of Section 1.2.8.1 of the 2009 Surface Water Design manual Amendment. Otherwise, the enhanced water quality must be provided. Any experimental water quality facility must follow the guidelines included In 1.2.8.2.E of the 2009 Surface Water Design Manual Amendment and Is subject to review of an adjustment process. Stormwater BM PS's are also proposed for the project. 2. A geotechnicai report for the site was provided by Zipper Geo Associates, LLC. The geotech report incorrectly mentions a 5,430 square feet of commercial space. This can be corrected in the geotech report that is submitted in the utility construction permit stage. The project is also required to obtain a Construction Stormwater General permit from the department of Ecology. 3. Minimum separation of 15 feet must be provided between the existing stormwater pipe on Hardie Way frontage and the proposed retaining wall, or else, the developer must relocate the existing stormwater main. Minimum separation also must he provided between the stormwater facility and the proposed building. 4. Surface water system development fee for stormwater is applicable. The current rate is $ 0.491 per square feet of impervious surface, with a minimum of $1228.00, Transportation 1. Hardie Way — One access to the site is via an existing joint use driveway from Hardie Ave SW. The submitted plans label an existing access easement for the joint use driveway. A copy of the access easement document has to be provided to the City. Hardie Ave SW is a Collector street. The existing right of way width along Hardie Ave SW is 60 feet. Asper complete streets, a right of way width of 83 feet is required on Hardie Way (a collector street), which would require a dedication of approximately 11.5 feet. However, the applicant has submitted a modification request for the right of way dedication. Information has been received from Transportation section that there is no need for parking lane on Hardie Ave SW in the frontage, and that the existing curb line on Hardie Way can continue to be used. Therefore, required right of way dedication on Hardie Way can be modified to a dedication necessary to provide an 0.5 feet wide curb, 8 feet wide landscaped planter, and a 8 feet wide sidewalk behind the planter. The required right of way dedication, and the the construction of the frontage improvements including street lights is required to be provided by the developer. 2. The primary access has been proposed via the parking lot of the adjacent Fred Meyer parking lot. Copy of the access easement has to be provided to the City. 3. A traffic impact study prepared by Gibson Traffic was submitted to the City, The report incorrectly mentions a 5,430 square feet of commercial space. The engineer has mentioned that the correction to the proposed 7, 591 square feet of commercial space will cause an increase in 5 PM peak hour trips. This increase in the number of PM peak hour trips is not expected to have a significant impact on the level of service study results that were included in the submitted traffic impact study. A corrected traffic impact study can be submitted to the City during the utility construction permit stage. 4. All electrical, phone, and cable services and lines serving the proposed development must be underground. The construction of these franchise utilities must be inspected and approved by a City of Renton inspector prior to recording the plat. 5. Traffic Impact Fees —The transportation impact fee s applicable on new multifamily development based on the applicable fee at the time of building permit application and payment is due at the time of issuance of the building permit. General Comments 1. All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2. When utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. 3. Buildings, structures, and walls should not encroach on City utilities or easements. Corey Thomas Ph: 425.430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impacts Comments: 1. Fire impact fees are applicable at the rate of $388.00 per multi -family unit and $0.52 per square foot of commercial space. This fee is paid at time of building permit issuance. Code Related Comments: March 19, 2014 Page 2 of 3 Police Review 1. The preliminary fire flow is 4,250 gpm. A minimum of five fire hydrants are required. One within 150-feet and four within 300-feet of the building. On ant is required within 50-feet of the fire department corn An existing water main is within the footprint of the pr , d building. It appears fire flow is available at the minimu of 5,000 gpm. A minimum of a 12-inch looped fire main is required around the building. Existing hydrants may be counted towards the requirements as long as they meet current codes and distance requirements, including 5-inch storz fittings. 2. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 3. Fire department apparatus access roadways are required within 150-feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet wide. Roadways shall support a minimum of a 30-tan vehicle and 322-psi point loading. 4. An electronic site plan is required prior to occupancy for pre -tire planning purposes. 5. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84-inch stretcher. 6. The building shall comply with the City of Renton Emergency Radio Coverage ordinance, Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. Cyndie Parks Ph: 425-430-7521 emaii: cparks@rentonwa.gov Recommendations: 182 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site should have security lighting, and any construction trailer or storage area should be completely fenced -in with portable chain -link fencing. The fence will provide bath a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy-duty deadbolts with a minimum 1-112" throw when bolted. Glass windows in construction trailers should be shatter -resistant. Toolboxes and storage containers should be secured with heavy-duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs allow officers, upon contact, to provide a verbal warning to trespassers that should they be contacted on the property again, they could be cited and/or arrested. COMPLETED COMPLEX All exterior doors should be made of solid metal or metal over wood, with heavy-duty deadbolt locks, latch guards or pry -resistant cylinders around the locks, and peepholes. If glass doors are used, they should be fitted with the hardware described above and additionally be fitted with a layer of security film. Security film can increase the strength of the glass by up to 300%, greatly reducing the likelihood of breaking glass to gain entry, Access to the back of the buildings should be limited, preferably with security fencing, as these areas could be vulnerable to crime due to the lack of natural surveillance by business customers or tenants. It is recommended that the commercial areas be monitored with recorded security alarm systems installed. It's common for businesses to experience theft and/or vandalism during the hours of darkness. An auxiliary security service could be used to patrol the property during those times. It is important to direct all foot traffic into the main entrance of the building. Any alternative employee entrances should have coded access to prevent trespassing. All areas of this project need to have adequate lighting. This will assist in the deterrent of theft from motor vehicle (one of the most common crimes in Renton) as well as provide safe pedestrian travel for customers of the complex, The structure should have a building number clearly posted with numbers at least 6" in height and of a color contrasting with the building. Unit numbers for the dwellings should also be illuminated so that they are easily located. This will assist emergency personnel in locating the correct location for response. A clear delineation between public and private spaces is especially important for mixed -use building, such as this one. Landscaping should be installed with the objective of allowing visibility — not too dense and not too high. Too much landscaping will make customers, employees, and tenants feel isolated and will provide criminals with concealment to commit crimes such as burglary. This area of Renton experiences a heavy influx of both vehicle and foot traffic, especially along the BNSF Railway side. I can't tell from the plans if there is complete containment for this complex on the BNSF side, but if not, I highly recommend it to deter trespassing of unwanted individuals. It is key for a business complex to have appropriate lighting and signage. "No Trespassing" signs should be posted in conspicuous locations throughout the property, including entrances to the property and parking areas. The separation of private and public space will be important here. I highly recommend that the developer have a Renton Police Crime Prevention Representative conduct a security survey of the premises once construction is complete. March 19, 2014 Page 3 of 3 DEPARTMENT OF COMML 'Y Cityof AND ECONOMIC DEVELOPMENT �"� 1��;_�'� REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST HEARING DATE: March 25, 2014 Project Name: Renton Center Senior Living Owner: Renton School District; John Knutson; 300 SW 7th St; Renton, WA 98057 Applicant: Chris Santoro; Vintage Canddle; 3424 Via Oporto, Ste 201; Newport Beach, CA 98203 Contact: Charles Morgan; Charles Morgan & Associates; 7301 Beverly Lane; Everett, WA 98203 File Number: LUA13-001726, SA-H, ECF, VAR, MOD Project Manager: Rocale Timmons; Senior Planner Project Summary: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), surface parking variance, and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of SW 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. Per RMC 4-2-120A parking for residential units is required to be enclosed within the same building as the unit it serves. As a result, the applicant is requesting a variance in order to locate the proposed parking within the surface parking lot. There appear to be no critical areas located on site. Project Location: 625 Renton Center Way Site Area: 3.67 acres Project Location Map HEX Report City of Renton Deportment of Commu 4 Economic Development ring Examiner Recommendution RENTON CENTER SENIOR LIVING Lb,-t13-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 T� Page 2 of 27 B. EKHlBITS., Exhibit 1: Hearing Examiner Recommendation Exhibit 2: Site Plan Exhibit 3: Landscape Plan Exhibit 4: Floor plan Exhibit 5: Elevations Exhibit 6: Elevation Perspectives Exhibit 7: Determination of Non -Significance —Mitigated Exhibit 8: Proof of Notice of Application Mailing Exhibit 9: Aerial Photograph Exhibit 10: Geotechnical Report Exhibit 11: Drainage Report Exhibit 12. Administrative Code Interpretation — Residential Density for Shopping Centers Exhibit 13: Washington State Department of Archaeology and Historic Preservation Comment Letter Exhibit 14: Traffic Study C. GENERAL INFORMATION: Renton School District 1. Owner(s) of Record: John Knutson 300 SW 7th St Renton, WA 98057 2. Zoning Classification: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Commercial Corridor (CC) 4. Existing Site Use: Vacant S. Neighborhood Characteristics: a. North: Fred Meyer and Mixed Retail (CA zone) b. East: Mixed Retail and Veterinary Clinic (CA zone) c. South: BNSF Railroad d. West: Multi-FomilyResidential (RM-Fzone) 6. Site Area: 3.67 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 1225 09/18/1945 HEX Report City of Renton Department of Communiry & Economic Development Nearing Examiner Recommendation RENTON CENTER SENIOR LIVING I 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 3 of 27 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: The subject development is within the city of Renton water service area_ There is existing 12-inch diameter water main on the frontage of Hardie Ave SW. b. Sewer: Sewer service is provided by the City of Renton. There is an existing 10-inch diameter sewer line (S2165) located to the north of the site. c. Surface/Storm Water. There are storm drainage improvements in Hardie Ave SW. 2. Streets: There are existing street improvements along the frontage of Hardie Ave SW_ 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 3 Environmental Regulations a. Section 4-3-100: Urban Design Regulations 3. Chapter 4 Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 9 Procedures and Review Criteria a. Section 4-9-200: Site Plan Review b. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Community Design Element H. FINDINGS OF FACT: 1. The applicant is requesting a Hearing Examiner Site Plan Review, a parking variance, and a street modification for the construction of a 5-story mixed -use building containing 219 senior apartments and 4,536 square feet of commercial space on the first floor. 2. The proposal would have an approximate density of 59.8 du/ac. 3. The Planning Division of the City of Renton accepted the above master application for review on December 23, 2013 and determined complete on January 2, 2014. The project was placed on hold for 14-days; from February 13, 2014 to February 27, 2014. The project complies with the 120-day review period. 4. The subject site is bordered by Hardie Ave SW to the west and the BNSF Railroad to the south. Fred Meyer and associated retail abuts the site to the north and east. HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation RENTON CENTER SENIOR LIVING L 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 4 of 27 5. The property is located within the Commercial Corridor (CC) Comprehensive Plan land use designation, the Commercial Arterial (CA) zoning classification, and Design District 'D'_ 6. The site is currently vacant. 7. The proposed structure would be 52 feet and 11-inches from finished floor elevation, at the average height of the gabled roof element (Exhibit 5). S. The building's primary entrance would be located on the eastern fagade facing the existing and proposed parking areas. 9. The applicant has proposed dark vertical siding as a base material to ground the residential portion of the building while the commercial portion includes brick veneer to base the building for the first two stories. The elevations include the use of white belly bands at the 1st and 5th floors. The applicant is proposing the use of different colors and changes in the direction of siding (vertical and horizontal) to provide breaks in the long horizontal appearance of the building. The building roof lines vary through the use of different gabled and pitched roof elements, and overhangs at the entry (Exhibit 5). 10. There are no critical areas on site. 11. The approximate volume of cut would be 1,430 cubic yards and 4,080 cubic yards of fill will be brought to the site for a net 2,650 cubic yards of fill. 12. The applicant is proposing partial off -site improvements along Hardie Ave SW which include an 8-foot sidewalk and an 8-foot landscape planter with no street parking. 13. Hardie Ave SW is a collector street with an existing right-of-way width of 60 feet. Pursuant to RMC4-6- 060, a right of way width of 83 feet is required on Hardie Ave SW which would require a dedication of approximately 11.5 feet. However, the applicant has submitted a street modification request in order to eliminate the need for dedication. 14. RMC 4-2-120A requires parking for residential units to be enclosed within the same building as the unit it serves. There are a total of 219 senior apartment units proposed. The proposal does not include structured parking and all parking is proposed within a surface parking area. Therefore, the applicant is requesting a Variance in order to allow for surface parking. 15. Staff received comments from the Washington State Department of Archaeology and Historic Preservation, regarding the potential for an archeological site in the area (Exhibit 13). 16. No other public or agency comments were received. 17. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 18. The proposal requires Site Plan Review. The following table contains project elements intended to comply with Site Plan Review decision criteria, as outlined in RMC 4-9-2DO.E: SITE PLAN REVIEW CRITERIA: a. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY: The site is designated Commercial Corridor (CC) on the Comprehensive Plan Land Use Map_ The purpose of CC is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment. The proposal is compliant with the following Comprehensive Flan policies: IfI Policy LU-255. Commercial Arterial zoned areas should include an opportunity for HEX Report City of Renton Department of Communitil & Economic Development RENTON CENTER SENIOR UWNG Report of March 18, 2014 Hearing Examiner Recommendation '-001725, SA-H, ECF, VAR, MOD_ — Page 5 of 27 residential uses and office as part of mixed -use development. d Policy LU-262. Support the redevelopment of commercial business districts located along principal arterials in the City. Policy LU-263. Implement development standards that encourage lively, attractive, medium to high -density commercial areas. Policy LU-268. Public amenity features (e.g. plazas, recreation areas) should be encouraged as part of new development or redevelopment. Policy CD-36. Developments within Commercial and Centers land use designations should have a combination of internal and external site design features, such as: 1) Public plazas; 2) Prominent architectural features; 3) Public access to natural features or views; 4) Distinctive focal features; 5) Indication of the function as a gateway, if appropriate; 6) Structured parking; and 7) Other features meeting the spirit and intent of the land use designation. Policy CD-39. Ensure quality development by supporting site plans and plats that d incorporate quality building, development, and landscaping standards that reflect unity of design and create a distinct sense of place. b. ZONING COMPLIANCE AND CONISTENCY: The subject site is classified Commercial Arterial (CA) on the City of Renton Zoning Map. The following development standards are applicable to the proposal: Density: Per RMC 4-2-120A the allowed density range in the CA zoning classification is a minimum of 20 dwelling units per net acre (du/ac) up to a maximum of 60 du/ac. Net density is calculated after public rights -of -way, private access easements, and critical areas are deducted from the gross acreage of the site. On March 18, 2014 an Administrative Code Interpretation was issued revising the definition of net density to exempt shopping centers from the requirement to deduct the area within access easements for the purpose of calculating net density (Exhibit 12). After deducting 600 square feet for right-of-way dedications, from the 159,973 gross square footage of the site, the net square footage would be 159,373 square feet (3.66 net acres). The 219 unit proposal would arrive at a net density of S9.8 dwelling units per acre (219 units / 3.666 acres = 59.8 du/ac), which falls within the permitted density range for the CA zoning designation. Lot Dimensions: Per RMC 4-2-120A the minimum lot size, in the CA zone, is 5,000 square feet. The proposal does not alter any lot lines therefore the minimum lot size is not applicable to the project. Lot Coverage: Per RMC 4-2-120A the allowed lot coverage is 65 percent for proposals within the CA classification. The proposed building would have a footprint of 42,273 square feet on the 159,973 square foot site resulting in a building lot coverage of approximately 26.4 percent. HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation RENTON CENTER SENIOR LIVING 1 3-001726, SA-H, ECF, VAR, MOO Report of March 18, 2014 Page 6 of 27 Setbacks- Per RMC 4-2-120A the CA zoning classification requires a minimum front yard of setback of 10 feet which maybe reduced to zero feet during the site plan development review process, provided blank walls are not located within the reduced setback. There is a maximum front yard setback of 15 feet. The CA zone has no rear or side yard setback except 15 feet if lot abuts or is adjacent to a residential zone. The following table contains setbacks, at the closest point, for the proposed structure. - West Front Yard East Rear Yard South Side Yard North Side Yard Setback Setback Setback Setback 22 feet 157 feet 27 feet and 6-inches 10 feet and 3-inches The proposed structure exceeds the maximum 15-foot front yard setback_ RMC 4-2-120C states that the maximum front yard setback may be modified by the Reviewing Official through the site development plan review process if the applicant can demonstrate that the site development plan meets the following criteria: a. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC), encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and c. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. The increased setback, along Hardie Ave SW, would be used to accommodate additional landscaping between the building and the front property line and includes additional pedestrian connections beyond what is required by code. Staff has recommended additional architectural detailing along the western fagade.and if this condition is complied with, the applicant will have achieved a low scale street scape. Therefore, staff supports the modification request to increase the front yard setback to 22 feet if all conditions of approval are complied with. Landscaping: Per RMC 4-4-070 ten feet of on -site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways or those projects with reduced setbacks. The applicant has proposed landscaping along the frontage of the site (Hardie Ave SW) exceeding the 10-foot landscape requirement with an intervening pedestrian walkway. The applicant has also thoughtfully incorporated landscaping on site in order to create active and passive recreation opportunities as well as to separate parking and drive aisles into smaller areas_ A conceptual landscape plan was submitted with the project application. The landscape plan includes a planting plan which contains several different tree and shrub species but does not provide specific detail for the number or types of trees as well as the number and spacing of shrubs. Staff recommends, as a condition of approval, the applicant be required to submit a detailed landscape plan to the Current Planning Project Manager prior to construction permit approval complying with RMC 4-4-070. Building Height: Per RMC 4-2-120A building height is restricted to 50 feet except 60 feet for mixed use HEX Report City of Renton Department of Communitv & Economic Development RENTON CENTER SENIOR LIVING L Report of March 18, 2014 Hearing Examiner Recommendation 7-001726, SA-H, ECF, VAR, MOD Page 7 of 27 (commercial and residential) in the same building. The height of the proposed structure would be 52 feet and 11-inches at the average height of the proposed gable roof element. The proposal complies with the height requirement of the zone. Screening: All mechanical units and refuse and recyclable areas are proposed to be located within the building and would not be visible from the public. Parking: The parking regulations, RMC 4-4-080, require a specific number of off-street parking stalls be provided based on the square footage of the use. The following ratios would be applicable to the site: Use Square Footage of Use or # of units Ratio Required Spaces Attached 219 Min: 1 spaces / 4 residential units Min: 55 dwellings for Max: 1.75 spaces /residential unit Max: 3$3 low income Retail 4,536 Min: 2.5 spaces / 1,000 SF Min: 11 Max: 5 spaces / 1,000 SF Max: 23 Based on the proposed uses, a minimum of 66 parking spaces would be required in order to meet code up to a maximum of 402 stalls. The applicant proposed a total of 132 spaces within a surface parking area to the east of the structure (93 standard stalls, 28 compact stalls, and 11 ADA stalls). The proposal complies with the parking ratios of the code. The parking also conforms to the minimum requirements for drive aisle and parking stall dimensions and the provision of ADA accessible parking stalls. Per RMC 4-2-120A parking for residential units shall be enclosed within the some building as the unit it serves. There are a total of 219 senior apartment units proposed. The proposal does not include structured parking and all parking is proposed within a surface parking area. Therefore, the applicant is requesting a variance in order to allow for surface parking. Section 4-9-250 allows a grant of relief from the requirements of the code which permits construction in a manner that otherwise is prohibited, provided the variance meets the following criteria (pursuant to RMC 4-9-250.8.5): , a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated,• c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated, d. That the approval is a minimum variance that will accomplish the desired purpose. The applicant contends the subject site has several constraints which would impact the ability to HEX Report tarty of Renton Department of Community & Economic Development Hearing Examiner Recommendation RENTON CENTER SENIOR LIVING 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 - - - Page 8 of 27 provide parking within a structure. First, the site contains a high groundwater table which would preclude the location of structured parking below grade and an above grade parking structure would compromise the aesthetics of the building and virtually eliminate the ground residential unit relationship afforded by the current design. Second, the site is part of a large existing shopping center and the applicant contends that requiring enclosed parking would deprive the owner of the opportunity to meet requirements on the surface, a right and privilege afforded for all other uses in the shopping center. Finally, there are conditions and covenants which require each parcel within the Fred Meyer shopping center to share parking. The applicant contends enclosing parking would reduce the opportunity for cross parking between the abutting parcels which would serve to undermine and potentially violate existing shopping center covenants. Staff concurs with the applicant's justification. The applicant suffers practical difficulties and unnecessary hardship and the variance is needed because of the high water table and the existing shopping center uses and covenants which surround the site which necessitate shared parking. The proposal would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. A large portion of the surface parking area is encumber by existing utility easements would preclude any type of structures. The approval would not be a grant of special privilege and staff would also support a request for variance under similar circumstances. Also the proposal includes a limited number of parking stalls, on the lower end of the code allowed parking stall range. Therefore, staff supports the request for the requested variance for surface parking. Refuse and Recyclables:: Per RMC 4-4-090 for multi family developments a minimum of 1 % square feet per dwelling unit is required for recyclable deposit areas and a minimum of 3 square feet per dwelling unit is required for refuse deposit areas. In retail developments, a minimum of 5 square feet per every one 1,000 square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten 10 square feet per 1,000 square feet of building grass floor area shall be provided for refuse deposit areas. Based on the proposal for a total of 4,536 square feet of retail space; a minimum area of 100 square feet of refuse and recycle area would be required. Another 985 square feet of refuse and recycle area should also be dedicated based on the proposal for 219 residential units. Additionally, at least one deposit area/collection point for every 30 dwelling units is required. The applicant is proposing to locate refuse and recycle utility areas within the building. However, square footage and the location of the designated refuse and recyclable area was not submitted with the land use application. In order to review consistency with the location and square footage requirements staff recommends, as a condition of approval, the applicant be required to submit to the Current Planning Project Manager sizing and location detail for the refuse and recyclable deposit area prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. Vehicles: Per RMC4-2-120 a connection shall be provided for site -to -site vehicle access ways, where topographically feasible, to allow a smooth flow of traffic across abutting CA parcels without the need to use a street. Access may comprise the aisle between rows of parking stalls but is not allowed between a building and a public street_ This section of code is intended to provide vehicular connections to abutting commercial uses. The proposal is bordered by Burlington north Santa Fe Railway to the south_ Fred Meyer and associated retail abuts the site to the north and east. Existing vehicular connections to the abutting uses are established. The applicant is proposing to retain the vehicular connectivity currently enjoyed. : The applicant did not submit a signage package for the proposed library and therefore could HEX Report City of Renton Department of Commun t & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 H-wring Examiner Recommendation 3-001726, SA-H, ECF, VAR, MOD Page 9 of 27 not be reviewed at this time. The applicant would be required to comply with the signage requirements outlined in RMC 4-4-100 at the time of sign application. Critical Areas: There are no critical areas located on -site. c. DESIGN REGULATION COMPLIANCE AND CONISTENCY. The site is located within Design District 'A'. To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for o high -density urban environment, so that businesses enjoy visibility from public rights -of -way; and to encourage pedestrian activity throughout the district. Staff Comment: As demonstrated in the table below it is our recommendation that the proposal meets the intent of the Design Regulationson the basis of individual merit if all conditions of approval are met. i. SITE DESIGN AND BUILDING LOCATION: intent: To ensure that buildings ore located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high -density urban environment, • so that businesses enjoy visibility from public rights -of -way; and to encourage pedestrian activity. 1. Building Location and orientation: Intent: To ensure visibility of businesses and to establish active, lively uses along sidewalks and pedestrian pathways. To organize buildings for pedestrian use and so that natural light is available to other structures and open space. To ensure an appropriate transition between buildings, parking areas, and other land uses, and increase privacy far residential uses. Guidelines: Developments shall enhance the mutual relationship of buildings with each other, as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. Standard: The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. Standard: Buildings shall be oriented to the street with clear connections to the sidewalk. Not Staff Comment: The narrowness of the lot and scale of the structure limits orientation to the Compliant With street (Hardie -Ave SW)- Additionally, there is an established commercial presence which is Standard oriented to the east and does not front onto Hardie Ave SW_ The building is oriented so that but its eastern facade shares a relationship with other adjacent commercial spaces of the Fred compliant Meyer shopping center. The applicant is proposing a new pedestrian oriented plaza and with the connections to the east of the structure which provide connections from Hardie Ave SW to intent and Rainier Ave S. The proposal is inviting and comfortable for pedestrians and provides a guideline mutual relationship with existing uses as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Standard: The front entry of a building shall be oriented to the street or a landscaped pedestrian -only courtyard. Standard: Buildings with residential uses located at the street level shall be set back from the sidewalk a minimum of ten feet (10') and feature substantial landscaping between the sidewalk and the building or have the ground floor residential uses raised above street level Partial for residents privacy. Compliance Staff Comment: The applicant is proposing ground related residential uses along on the with north, south, and western facades. The proposal partially complies with the standard for a Standard provision of 10- feet of landscaping between the sidewalk and building. However, the provision of landscaping on the western portion of the northern facade, is approximately three feet in width and does not include substantial landscaping. While the residential units do not include entrances from the sidewalk along the access road they are still considered to HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation RENTON CENTER SENIOR LIVING I 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 10 of 27 __- be residential units at street level and would require the 10-foot landscape buffer in order to ensure privacy forthe individual units. Therefore, staff recommends as condition of approval, the applicant be required to submit a revised landscaping plan depicting 10-feet of landscaping between the sidewalk and building on the western portion of the northern fagade which includes substantial landscaping. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. if this condition of approval is met the proposal would satisfy this standard_ 2. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human -scale elements. Not Staff Comment: The narrowness of the lot and scale of the structure limits orientation to Compliant the street (Hardie Ave SW) and as result limits the placement of the primary entrance on With Standard the eastern commercial facade facing the proposed parking area. There is an established but commercial presence along Hardie Ave SW which is also oriented to existing surface compliant parking to the east. The front entrance shares a relationship with other adjacent with the commercial spaces of the Fred Meyer shopping center. The applicant is proposing a new intent and pedestrian oriented plaza and connections to the east of the structure which provide guideline connections from Hardie Ave SW to Rainier Ave S. The front entrance is a focal point of the project and the proposal is inviting and comfortable for pedestrians and provides a mutual relationship with existing uses as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Standard: A primary entrance of each building shall be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting. Standard Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four and one-half feet (4-1/2') wide (illustration below)_ Buildings that are taller than thirty feet (30) in height shall also ensure that the weather protection is proportional to the distance above ground level. Standard. Building entries from a parking lot shall be subordinate to those related to the street. Standard: Features such as entries, lobbies, and display windows shall be oriented to a street or pedestrian -oriented space; otherwise, screening or decorative features should be incorporated. Standard: Multiple buildings on the saute site shall direct views to building entries by N/A providing a continuous network of pedestrian paths and open spaces that incorporate landscaping. Partial Standard. Ground floor residential units that are directly accessible from the street shall Compliance include entries from front yards to provide transition space from the street or entries from with an open space such as a courtyard or garden that is accessible from the street. Standard Staff Comment: The applicant is proposing ground related residential uses along the north, HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Hooring Examiner Recommendation 3-001726, SA-H, ECE,_VAR, r100D Page 11 of 27 south, and western facades. The proposal partially complies with the standard with the use of patios. However, the proposal does not include pedestrian connections from proposed patios to the proposed pedestrian circulation system. Therefore, staff recommends as a condition of approval the applicant be required to submit a revised site and landscape plan depicting a pedestrian connections from ground related residential units to the proposed pedestrian circulation system. The revised landscape and site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would satisfy this standard. 3. Transition to Surrounding Development: intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height bulk and scale. Standard: At least one of the following design elements shall be considered to promote a transition to surrounding uses: (a) Building proportions, including step -backs on upper levels; (b) Building articulation to divide a larger architectural element into smaller increments; or (c) Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator of the Department of Community and Economic Development or designee may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. 4. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high -volume pedestrian areas, and screening them from view in high visibility areas. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses_ Service elements shall be concentrated and located where they are accessible to service vehicles and convenient far tenant use. Standard in addition to standard enclosure requirements, garbage, recycling collection, and N/A utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self -closing doors. NSA Standard. Service enclosures shall be made of masonry, ornamental metal or wood, or some combination of the three (3). N/A Standard. If the service area is adjacent to a street, pathway, or pedestrian -oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. 5. Gateways: Intent: To distinguish gateways as primary entrances to districts or to the City, special design features and architectural elements at gateways should be provided. While gateways should be distinctive within the context of the district, they should also be compatible with the district in form and scale. Guidelines: Development that occurs at gateways should be distinguished with features that visually indicate to both pedestrians and vehicular traffic the uniqueness and prominence of their locations in the City. Examples of these types of features include monuments, public art, and public plazas. HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation RENTON CENTER SENIOR LIVING _ f 3-001725, SA-H, ECF VAR, MOD Report of Marche 18, 2014 Page 12 of 27 N/A Standard: Developments located at district gateways shall be marked with visually prominent features_ N/A Standard Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles. Standard: Visual prominence shall be distinguished by two (2) or more of the following: 1) Public art; 2) Special landscape treatment; N/A 3) Open spare/plaza; 4) Landmark building form; s) Special paving, unique pedestrian scale lighting, or bollards; 6) Prominent architectural features (trellis, arbor, pergola, or gazebo); !Neighborhood or district entry identification (commercial signs do not qualify). ii. PARKING AND. VEHICULAR ACCESS: Intent: To provide safe,_ convenient access to the Urban Center and the Center. Village; incorporate..vorious modes of transportation, including public mass transit, in order to. reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. 1. Surface Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. Standard: Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot_ Standard, Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. 2. Structured Parking Garages: Intent: To promote more efficient use of land needed for vehicle parking; encourage the use of structured parking; physically and visually integrate parking garages with other uses, and reduce the overall impact of parking garages. Guidelines: Parking garages shall not dominate the streetscope, they shall be designed to be complementary with adjacent and abutting buildings. They shall be sited to complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details to the primary building(&) should be used to enhance garages. N/A Standard. Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75916) of the building frontage width. Standard: The entire facade must feature a pedestrian -oriented facade. The Administrator of the Department of Community and Economic Development may approve parking structures that do not feature a pedestrian orientation in limited circumstances. if allowed, the N/A structure shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground cover_ This setback shall be increased to ten feet (10') when abutting a primary arterial and/or minor arterial. N/A Standard: Public facing facades shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials. HEX Report City of Renton Department of Communit« & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Hearing Examiner Recommendation 3-001726, SA-H, ECF, VAR, MOD Page 13 of 27 N/A Standard: The entry to the parking garage shall be located away from the primary street, to either the side or rear of the building. _ Standard. Parking garages at grade shall include screening or be enclosed from view with N/A treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. Standard: The Administrator of the Department of Community and Economic Development or designee may allow a reduced setback where the applicant con successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building. (a) Ornamental grillwork (other than vertical bars), N/A (b) Decorative artwork; (c) Display windows, (d) Brick, We, or stone; (e) Pre -cast decorative panels; (f) Vine -covered trellis; (g) Raised landscaping beds with decorative materials, or (h)Other treatments that meet the intent of this standard... 3. Vehicular Access: Intent: To maintain a contiguous and uninterrupted sidewalk by minimizing, consolidating, and/or eliminating vehicular access off streets. Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minimized. ✓ Standard: Access to parking lots and garages shall be from alleys, when available. If not available, access shall occur at side streets. Standard: The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. iii. PEDESTRIAN ENVIRONMENT. Intent: To enhance the urban character of development in the Urban Center and the Center.Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access.points, and through parking lots; and promote the use of multi-modol and public transportation systems in order to reduce other vehicular traffic. 1. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Standard: A pedestrian circulation system of pathways that are clearly delineated and connect buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided_ 'r (a) Pathways shall be located so that there are clear sight lines, to increase safety. (b) Pathways shall be an all-weather or permeable walking surface, unless the applicant con demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. Partial Standard: Pathways within parking areas shall be provided and differentiated by material or Compliance texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials. HEX Report City of Renton Department of Community & Economic Development Hearing ExaminLr Recommendation RENTON CENTER SENIOR LIVING L - 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 14 of 27 with the Permeable materials are encouraged. The pathways shall be perpendicular to the applicable standard building facade and no greater than one hundred fifty feet (150') apart. Staff Comment: The applicant has proposed a series of pedestrian connections throughout the site however it is unclear if there is a differentiation of materials across the drive aisles (Exhibit 2). Therefore, staff recommends as a condition of approval the applicant revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Ifthis condition of approval is met the proposal would satisfy this standard. Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 foot minimum unobstructed walking V surface. (b) interior pathways shall be provided and shall vary in width to establish a hierarchy. The widths shall be based on the intended number of users; to be no smaller than five feet (5) and no greater than twelve feet (12'). (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. N/A Standard: Mid -block connections between buildings shall be provided. 2. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and ore inviting and comfortable for pedestrians and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. Standard: Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. Standard: Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. (a) Site furniture shall be made of durable, vandal- and weather -resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. (b) Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. Standard: Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of 4.5 feet wide along at least seventy 75 percent of the length of the building facade facing the street, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. iv. RECREATION AREAS AND COMMON OPEN SPACE. intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian -oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and ,common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas HEX Report City of Renton Department of Community & Economic Deveiopment RENTON CENTER SENIOR LiV_iNG Report of March 18, 2014 "earing Examiner Recommendation 13-001726, SA-H, ECF, VAR, MOLT -Page 15 of 27 shall be provided in an amount that is adequate to be functional and usable, they shall also be landscaped and located so that they are appealing to users and pedestrians Standard: All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common opens space and/or recreation areas. Standard. Amount of common space or recreation area to be provided: at minimum fifty (50) square feet per unit_ Standard: The location, layout and proposed type of common space or recreation area shall be subject to approval by the Administrator of the Deportment of Community and Economic Development or designee. Standard. At least one of the following shall be provided in each open space and/or recreation area (the Administrator of the Department of Community and Economic Development or designee may require more than one of the following elements for developments having more than one hundred (100) units): (a) Courtyards, plazas, or multi -purpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardensfpeo-patches. Such spaces above the street level must feature views or amenities that are unique to ,/ the site and are provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. Standard: All buildings and developments with over thirty thousand (30,000) square feet of NSA nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian - oriented space_ Standard: The pedestrian -oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses shall include all of the following: (a) Visual and pedestrian access (including barrier free access) to the abutting structures from the public right-of-way or a nonvehiculor courtyard; and NSA (b) Paved walking surfaces of either concrete or approved unit paving; and (c) On -site or building -mounted lighting providing at least four (4) foot-candles (average) on the ground, • and (d) At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. Standard: The following areas shall not count as pedestrian -oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses: (a) The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian - N/A oriented space if the Administrator of the Department of Community and Economic Development or designee determines such space meets the definition of pedestrian -oriented space. - (b) Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. NSA Standard: Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian -oriented space_ HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Hearing Examiner Recommendation 3-00.1726, SA-H, ECF, VAR, MOD Page 16 of 27 v. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and usesappropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. 1. Building Character and Massing: intent: To ensure that buildings are not bland and visually appear to be at a human scale, and ensure that all sides of a building, that can be seen by the public, are visually interesting. Guidelines: Building facades shall be modulated andfor articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standard: All building facades shall include modulation or orticulation at intervals of no more than forty feet (40'). f Standard: !Modulations shall be a minimum of two feet (2 ) deep, sixteen feet (16') in height and eight feet (8) in width. Standard. Buildings greater than one hundred sixty feet (160) in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade; or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. 2. Ground -Level Details: Intent. To ensure that buildings are visually interesting and reinforce the intended human -scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. Standard: Human -scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade's ground floor. Staff Comment: The applicant has not proposed human -scaled elements such as lighting fixtures, trellises, or other landscape features along the majority of the building's northern or western facades (Exhibit 4). Additionally, the proposal does not comply with the ground - level detail standards for glazing along the street_ A recommended condition above, for additional vegetation along the northern facade would partially meet the intent of this Partial However, the western and northern fa4ades need additional human scale Compliancestandard. with the elements in order to reinforce a pedestrian oriented development. Architectural detailing standard elements including lighting fixtures, contrasting materials, or special detailing would bring the proposal into compliance with the intent of this standard to create human -scale character of the pedestrian environment. Therefore, staff recommends as a condition of approval, the applicant to submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the northern and western facades. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would Satisfy this standard. Partial Standard: On any facade visible to the public, transparent windows and/or doors are compliance required to comprise at least 50 percent of the portion of the ground floor facade that is with the between 4 feet and S feet above ground (as measured on the true elevation). standard Staff Comment: See condition above. HEX Report City of Renton Department of Community & Economic Development RENTO_N CENTER SENIOR LIVING Report of March 18, 2014 "eoring Examiner Recommendation 13-001725, SA-H, ECF, VAR, MOD Page 17 of 27 Standard: Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50 percent. d Standard. Display windows shall be designed for frequent change of merchandise, rather than permanent displays. Standard: Where windows or storefronts occur, they must principally contain clear glazing. '� Standard. Tinted and dark glass, highly reflective (mirror -type) glass and film are prohibited. Standard. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall (including building facades and retaining walls) is considered a blank wall if.' (a) it is a ground floor wall or portion of a ground floor wall over 6 feet in height has NSA a horizontal length greater than 15 feet), and does not include a window, door, building modulation or other architectural detailing; or (e) Any portion of a ground floor wall has a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Standard: if blank walls are required or unavoidable, blank walls shall be treated with one or more of the following: (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall, NSA (b) Trellis or other vine supports with evergreen climbing vines, (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard,• (d) Artwork, such as bas-relief sculpture, mural, or similar, • or (e) Seating area with special paving and seasonal planting. 3. Building Roof Lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. Standard. Buildings shall use at least one of the following elements to create varied and interesting roof profiles: (a) Extended parapets; (b) Feature elements projecting above parapets, '/ (c) Projected cornices; (d) Pitched or sloped roofs (e) Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof. 4. Building Materials: Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner_ High quality materials shall be used. if materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Partial Compliance Standard: All sides of buildings visible from a street, pathway, parking area, or open space HEX Report City of Renton Deportment of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Nearing Examiner Recommendation .3-001726, SA-H, ECF, VAR, MOD Page 18 of 27 With shall be finished on all sides with the some building materials, detailing, and color scheme, Standard or if different, with materials of the some quality. Staff Comment: The applicant has proposed dark vertical siding as a base material to ground the residential portion of the building while the commercial portion includes brick veneer to base the building for the first two stories of the eastern facade_ The elevations include the use of white belly bands at the 1st and 5th floors. The applicant is proposing the use of changes in colors and the direction of siding (vertical and horizontal) to provide breaks in the long horizontal appearance of the building. The applicant has not finished all sides of the building visible from the public with the same materials. Additionally, the use of changes in materials and not just color or direction, would assist in the creation of visual appeal and call attention to the form and the function of the structure. Therefore, staff recommends, as a condition of approval, the applicant submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials, not just color or direction of siding. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the entire building for a height appropriate to the scale of the structure. If this condition of approval is met the proposal would satisfy this standard. Partial Compliance Standard: All buildings shall use material variations such as colors, brick or metal banding, with patterns or textural changes. Standard Staff Comment: See comment above. Standard: Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre finished metal, stone, steel, glass and cast -in -place concrete. Partial Staff Comment: It isn't clear if the proposal would use high quality building materials. In Compliance order to ensure that quality materials are used staff recommends the applicant submit a with materials board subject to the approval of the Current Planning Project Manager prior to Standard building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, cast -in -place concrete, or other high quality material. If this condition of approval is met the proposal would satisfy this standard. N/A Standard: if concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. Standard: if concrete block walls are used, they shall be enhanced with integral color, N/A textured blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. vi..SIGNAGE: intent: To provide a means of identifying and advertising businesses, provide directional assistance, encourage signs that are both clear and of appropriate scale for the project, encourage quality signage that contributes to the character of the Urban Center and the Center Village, and create color and interest. Guidelines: Front -lit, ground -mounted monument signs are the preferred type of freestanding sign_ Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian -oriented streets. Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. Unknown at Standard: Entry signs shall be limited to the name of the larger development. this time Staff Comment: Signage has not yet been designed for the proposed project. The applicant HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Fearing Examiner Recommendation 3-001726, SA-H, ECF, VAR, MOD Page 19 of 27 would be required to submit a comprehensive signage package which complies with the standards of Design District'D'_ The signage package shall be submitted to and approved by the Current Planning Manager prior to sign permit approval. Unknown at Standard: Corporate logos and signs shall be sized appropriotely for their location. this time Staff Comment: See condition above. N/A Standard: In mixed use and multi -use buildings, signage shall be coordinated with the overall building design. Standard: Freestanding ground -related monument signs, with the exception of primary entry U h s t me t signs, shall be limited to five feet (5') above finished grade, including support structure. Staff Comment: See condition above. Standard: Freestanding signs shall include decorative landscaping (ground cover and/or Unknown at shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage this time may incorporate stone, brick, or other decorative materials as approved by the Director. Staff Comment: See condition above. .Standard. All of the following are prohibited: a. Pole signs; b. Roof signs; and Unknown at c. Back -lit signs with letters or graphics �on a plastic sheet (can signs or illuminated this time cabinet signs). Exceptions: Back -lit logo signs less than ten (10) square feet are permitted as area signs with only the individual letters back -lit (see illustration, subsection G8 of this Section)_ Staff Comment: See condition above. G. LIGHTING: Intent: To ensure safety and security, provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places, and increase the visual attractiveness of the area at all times of the day and night. Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Standard: Pedestrian -scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down -lighting and decorative street lighting. Staff Comment: The applicant is proposing lighting under the canopy at the building entry Partial and decorative street lighting surrounding the site. However, a lighting plan was not compliance provided with the application, therefore staff recommends a condition of approval that a With lighting plan be provided that complies with the Design District standards. Staff Standard recommends, as a condition of approval, the applicant be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. The lighting plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would satisfy this standard. Standard: Corporate logos and signs shall be sized appropriately for their location. Standard: Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as goteways, specimen trees, other significant landscaping, water features, and%ar artwork. Standard: Downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively '/ or is specifically listed as exempt from provisions located in RMC4-4-075, Lighting, Exterior On -Site (i.e., signage, governmental flags, temporary holiday or decorative lighting, right -of - way -lighting, etc.). HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 - Hearing Examiner Recommendation 3-001726, SA-H, ECF, VAR, MOD Page 20 of 27 d. PLANNED ACTION ORDINANCE AND DEVELOPMENT AGREEMENT COMPLIANCE AND CONISTENCY: Not applicable e. OFF SITE IMPACTS: Structures: Restricting overscole structures and overconcentration of development on a particular portion of the site. While the proposed mixed -use structure is concentrated in one area, the western portion of the site, the scale and bulk would be reduced as viewed from neighboring properties due to the increase in the setbacks_ However, the structure steps back in one terrace along its east facade, which serves to diminish the apparent bulk and massing of the structure as viewed from the parking area. The applicant is also proposing storefront glazing, covering canopies, enhanced landscaping and street furniture which enhance the pedestrian experience. The scale and bulk of the building is attempted to be reduced through the use of differing materials on the building facades, building articulation and modulation and differing roof profiles. However, the use of changes in materials and not just color or direction, would assist in the creation of visual appeal and call attention to the form and the function of the structure. Therefore, staff recommended as a condition of approval the applicant submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and not just color or direction. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop -controlled intersection of Hardie Ave SW and SW 5'' Place. The proposal promotes safe and efficient circulation through the shared access points. The proposed pedestrian circulation system helps to promote a walkable, pedestrian oriented, community and would provide linkages to Rainier Ave S and Hardie Ave SW. The sidewalk connections would be landscaped and would use a variety of pavings that would provide variation in the pedestrian experience. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties. See Screening discussion under Findings Section 18.b Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features. There are existing multi -family uses to the west have the benefit of territorial views to the east. However, the units within the existing residential structures are oriented so that windows mostly face the north and south and in large part the units don't enjoy the views to the east. Staff received no comments from adjacent properties regarding views. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project. See landscaping discussion under Findings Section 18.b. Lighting: Designing andlor placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. A lighting plan was not provided with the application; therefore staff recommended that has a lighting plan be provided at the time of building permit review. HEX Report City of Renton Department of Community & Economic Development H-wring Examiner Recommendation RENTON CENTER SENIOR LIVING L 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 21 of 27 f. ON -SITE IMPACTS: Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation. The building has a primary orientation to the east for the commercial space. The residential space has been oriented to Hardie Ave SW which currently serves as a multi -family residential access street to existing structures to the west. The open space and courtyard areas have been thoughtfully located on the southern portion of the side which is border by the BNSF railway that experience little traffic and affords privacy to these areas. It is anticipated that most of the noise impacts would occur during the construction phase of the project. The applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. in addition, the project would be required to comply with the City's noise ordinance regarding construction hours. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs. While the proposed mixed -use structure is concentrated in one area, the western portion of the site, the scale and bulk would be reduced as viewed from neighboring properties due to the increase in setbacks. However, the structure along its east facade, steps back in one terrace which serves to diminish the apparent bulk and massing of the structure as viewed from the parking area. The applicant is also proposing storefront glazing, covering canopies, enhanced landscaping and street furniture which enhance the pedestrian experience. The scale and bulk of the building is attempted to be reduced through the use of differing materials on the building facades, building articulation and modulation and differing roof profiles. However the use of changes in materials and not just color or direction, would assist in the creation of visual appeal and call attention to the form and the function of the structure. Therefore, staff recommended as a condition of approval the applicant submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and not just color or direction of siding. The pedestrian courtyards have been strategically placed on site in order take advantage of sun exposure from the south and west most times of the year and would likely only be shaded at certain times of the day during the winter months. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces. The site contains 43 trees of which all but two trees are proposed for removal. RMC 4-4-130 requires 5 percent of all protected trees on site be retained. Of the 43 trees, 4 trees would be exempt from the tree retention regulations as they are located within the proposed right of way. Of the remaining 39 protected trees, 2 trees are required to be retained at the 5 percent retention rate. The applicant complies with the tree retention requirements of the code. The applicant provided a geotechnical report, prepared by Zipper Geo Associates, LLC, on December 11, 2013 (Exhibit 10). The subsurface evaluation for the project included three geotechnical borings ranging from 11 to 51 feet. The site consisted of approximately 8-inches of crushed rock fill underlain by gravelly sand fill extending to about 1.5 feet below existing grade. Very loose sand with trace silt was observed below the gravelly sand fill extending to about 4 feet below existing site grade. Very soft silt and very loose sand extended to about 25 below existing grade beyond the very loose sand with trace silt. Beyond 25 feet extending to 51 feet below existing grade, medium dense to dense gravel with variable sand content was found. Groundwater was observed in the explorations, approximately 6.5 feet below grade, and was interpreted to be a regional shallow aquifer within the HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Nearing Examiner Recommendation 13-001725, SA-H, ECF, VAR, MOO Page 22 of 27 alluvial soil unit. The soil conditions observed in the geotechnical explorations were found to not be suitable for shallow foundation support. The report recommended the proposed building be supported on deep foundations, such as augercast piles_ Augercast piles are a drilled and pumped pile, not a driven pile. Additional recommendations, included in the geotechnical report, include specific recommendations for: site preparation, structural fill, excavation, foundations, slab -on -grade floors, drainage, and pavements. As such, staff recommended as a SEPA mitigation measure, that the applicant comply with all of the design recommendations included within the "Geotechnicai Engineering Study", prepared by Zipper Geo Associates, Inc., dated December 11, 2013 (Exhibit 7). The existing site consists of 137,214 square feet of impervious surface, approximately 85.7%. Following development, impervious surface coverage would be approximately 118,483 square feet or 74.1%_ On site soil removal would be required to reach the bottom of excavation for the lower parking level. The approximate volume of cut would be 1,430 cubic.yards and 4,080 cubic yards of fill will be brought to the site for net 2,650 cubic yards of fill. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. See discussion under Findings Section 18.b, Landscaping g. ACCESS: Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop -controlled intersection of Hardie Ave SW and SW 5th Place. The proposal promotes safe and efficient circulation through the shared access points. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access paints, drives, parking, turnarounds, walkways, bikeways, and emergency access ways. See Location and Consolidation discussion above. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas. Not applicable_ Transit and Bicycles: Providing transit carpools and bicycle facilities and access. Per RMC 4-4-O8OF_11 0.5 bicycle the number of bicycle parking spaces shall be 10% of the number of required off-street parking spaces. Based on the proposal which requires a minimum 66 vehicle parking stalls, 7 bicycle parking stalls are required to be provided. The applicant is proposing bicycle parking stalls on site. However, it is unclear the number of bicycle parking stalls that would be provided. Staff recommends, as a condition of approval, the applicant submit a revised site plan depicting bicycle parking in conformance with RMC4-4-08OF_11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING . Report of March 18, 2014 'earing Examiner Recommendation 13-001726, SA-H, ECF, VAR, MOD Page 23 of 27l public sidewalks and adjacent properties. The applicant is proposing a pedestrian circulation system throughout the project site which connects all opens space and parking areas and provides good access to the commercial spaces. The main pedestrian walkway which front onto the commercial spaces which are proposed to be 12 feet wide all other interior pathways are proposed to be 5 feet wide. Staff has recommended a condition of approval requiring the applicant to provide additional connections to the circulation system from all ground related units. The applicant has achieved safe and attractive pedestrian connections throughout the site. h. OPEN SPACE: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. The applicant is proposing a total of 14,707 square feet of courtyards which exceeds the 50 square/unit requirement. All units are also proposed to either have a ground floor patio or a private deck for the upper story units. There is also a large public deck located on the 3`d floor over the social room that opens off the game room. The applicant has incorporated an entry plaza located on the east side of the structure near the primary entrance. The applicant is proposing pedestrian seating throughout the site. This pedestrian plazas and courtyards serve as a distinctive focal point. The plaza and courtyard space is proposed to incorporate hardscape and landscaping to allow for passive recreation activities. i. VIEWS AND PUBLIC ACCESS: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. The proposed structure would not block view corridors to shorelines or Mt_ Rainier. The public access requirement is not applicable as the site is not adjacent to a shoreline. j. NATURAL SYSTEMS. Arranging project elements to protect existing natural systems where applicable. There are no natural systems located on site with the exception of drainage flows. See Drainage discussion under Findings Section 18.k. k. SERVICES AND INFRASTRUCTURE: Making available public services and facilities to accommodate the proposed use_ Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development; if the applicant provides Code required improvements and fees. A Fire Impact Fee, based on new multi -family units and square foot of non-residential area is required in order to mitigate the proposal's potential impacts to City emergency services. The applicant would be required to pay an appropriate Fire Impact Fee. Parks and Recreation: The proposed development is anticipated to impact the Parks and Recreation system. The applicant would be required to pay an appropriate Parks Impact Fee. The fee would be used to mitigate the proposal's potential impact to City's Park and Recreation system and is payable to the City as specified by the Renton Municipal Code_ Water and Sewer: The site is served by the City of Renton for all utilities. There is existing 12-inch diameter water main on the frontage of Hardie Ave SW. The project proposes the extension of }.- inch diameter water main through the site to connect with the existing water main located within the site. A 15-foot wide utility easement is proposed to be given to the City. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. Therefore, staff recommends as a condition of approval, the applicant be required to submit a recorded release of easement for the portion of water main under the proposed building permit. HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation RENTON CENTER SENIOR LIVING 13-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 24 of 27 The release of easement shall be submitted to the Current Planning Plan Reviewer prior to construction permit approval. The project proposes to connect to the existing 10-inch diameter sewer line (52165) located to the north of the site. The project elements do not include a common kitchen for the residential portion and the commercial space is not planned to have a kitchen, therefore a grease interceptor is not proposed. System development fee for sewer is based on the size of the new domestic water to serve the proposed project. The current rate for 1-inch meter is $2,033.00. The plans did not include the existing 8-inch diameter sewer line (50242) and the existing easement located towards the south of the site. The building will have to be resized and/or relocated to not encroach on City utilities and easements. Staff recommends, the applicant be required to resize and/or relocate the proposed structure to avoid encroachment into the existing sewer main easement on the southern portion of the site. The revised site plan shall be submitted to, and approved by, the Current Planning Plan Reviewer prior to construction permit approval. Please confirm the sewer line in the survey and provide the information. This can be reviewed with the utility construction permit. There may be separation conflict of the existing sewer line (50242) located in the south side of the property and the proposed storm line. Adequate horizontal and separation must be provided between utility lines. Drainage: The project is part of the Green/Duwamish River Watershed and stormwater would be conveyed in that direction via the City of Renton stormwater system. Generally the downstream conveyance path is a 60-inch diameter pipe system, although some sections within the downstream quarter mile are 36- and 48 inches. The storm system eventually outfalls into the Black River, which then runs approximately half a mile toward the Duwamish waterway, which flows northwesterly toward Puget Sound. The applicant intends to run the site's new and replaced impervious surfaces into the existing storm systems. The western half of the site, where a majority of the development would occur, would be routed to the storm system in Hardie Ave SW. The eastern half of the site would continue to run into the existing catch basins, and convey towards the Fred Meyer storm system, which eventually connect to Hardie Ave SW as well_ The applicant is also proposing to add low impact development facilities in order to meet Flow Control BMP requirements. A preliminary drainage plan and drainage report has been submitted with the site plan application, prepared by CG Engineering, dated December 2013 (Exhibit 11). The report addresses compliance with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapters land 2. Based on the City's flow control map, this site falls within the Peak Rate Flow Control Standard (Existing Site Conditions). The drainage report mentions that the proposed impervious surface area is lesser than the existing impervious surface area and the peak flow control rates are lesser in the post development scenario and therefore a flow control facility was not required. The project does however trigger the water quality system requirement_ The project includes a commercial space and multi -family development, therefore enhanced basic water quality is applicable. Any exception to the enhanced basic quality and a change to basic water quality must meet the requirements of Section 1.2.8.1 of the 2009 Surface Water Design Manual Amendment. Otherwise, the enhanced water quality must be provided. Any experimental water quality facility must follow the guidelines included in 1.2.8.2.E of the 2009 Surface Water Design Manual Amendment and is subject to review of an adjustment process. Minimum separation of 15 feet must be provided between the existing stormwater pipe on Hardie Ave SW frontage and the proposed retaining wall, or else, the developer must relocate the existing stormwater main. Minimum separation also must be provided between the stormwater facility and HEX Report City of Renton Department of Community & Economic Development 'earing Examiner Recommendation RENTON CENTER SENIOR LIVING 13-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 APage 25 of 27 the proposed building. The report disclosed existing flooding problems on Hardie Ave SW at the BNSF railroad underpass due to insufficient downstream capacity to convey the runoff from the highly urbanized upstream basin are, of which the subject proposal is located. The City's Surface Water utility CIP includes a project to improve conveyance capacity to reduce flooding problems at the Hardie Ave SW and BNSF railroad location. The first phase of the project includes the installation of a 60-inch storm conveyance system for an outfall at Naches Ave SW and Lind Ave SW (LUA13-000500). Therefore, no additional downstream capacity improvements are needed in order to accommodate the proposed development. Transportation: A traffic study prepared by Gibson Traffic Consultants, dated December 2013, was submitted with the site plan application and has been reviewed (Exhibit 14). The analysis is acceptable as submitted. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4th Place and the stop -controlled intersection of Hardie Ave SW and SW 5ch Place. The traffic report estimates that 45% of the development's trips would travel to and from the south; 35 percent along Rainier Ave S and 10 percent along Hardie Ave SW. Approximately 30 percent of the project's trips are anticipated to travel to and from the north; 25 percent along Rainier Ave S and 5 percent along Hardie Ave SW. The report estimates that 15 percent of the project's trips would be travel to and from the west; SW Sunset Blvd and 5th Place SW. The remaining 10 percent of the development's trips are anticipated to be local trips to and from abutting commercial development. The traffic report included level of service analysis for the intersections of Rainier Ave S and S 4th Place and Hardie Ave SW at 5th Place SW. The analysis indicates that the proposed development would add less than three seconds of delay at the study intersections and would not change the Level of Services (B and D respectively). It is anticipated that the proposed project would result in short term and long term impacts to the City's street system. Based on the traffic generation analysis the proposed final project is anticipated to generate approximately 934 average daily trips with 66 PM peak hour trips. Hardie Ave SW is a collector street with an existing right-of-way width of 60 feet. As per complete streets, a right of way width of 83 feet is required on Hardie Ave SW which would require a dedication of approximately 11.5 feet. However, the applicant has submitted a street modification request in order to eliminate the need for dedication. Section 4-4-080.F_10_d allows the Administrator to grant modifications from the refuse and recycle standards for individual cases, provided the modification meets the following criteria (pursuant to RMC 4-9-250. D.2): a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment, • and b. Will not be injurious to other property(ies) in the vicinity, and c. Conform to the intent and purpose of the Code, and d. Can be shown to be justified and required for the use and situation intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. There is no need for a parking lane on Hardie Ave SW and the existing curb could continue to be used as the character of the road has been established without the use of parking. The applicant is providing landscaping and sidewalk within the right of way. The requested mofication meets the objective and safety of the code requirements. A street cross section without parking would not be HEX Report City of Renton Department of Community & Economic Development RENTON CENTER SENIOR LIVING Report of March 18, 2014 Hearing Examiner Recommendation .3-001726, SA-H, ECF, VAR, MOD ---T Page 26 of 27 injurious to surrounding property owners and can be shown to be justified for the situation intended. Therefore, staff is in support of the requested modification_ In order to mitigate transportation impacts the applicant would be required to pay an appropriate Transportation Impact Fee_ The transportation impact fee that is current at the time of building permit application will be levied. The applicant submitted for a building permit in December of 2013. The transportation impact fee is due at the time of issuance of the building permit. Schools: Per RMC 4-1-160 any form of housing exclusively for the elderly, including nursing homes and retirement centers, are exempt from the application of school impact fees so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development Therefore staff recommends as a condition of approval, the applicant be required to record the necessary covenants or declarations of restrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval. I. PHASING: The applicant is not requesting any additional phasing. I. RECOMMENDATIONS: Staff recommends approval of the Site Plan, Surface Parking Variance, and Street Modification far the Renton Center Senior Living, File No. LUA13-001726, SA-H, VAR, MOD as depicted in Exhibits 2 through 5, subject to the following conditions: 1. The applicant shall comply with the six mitigation measures issued as part of the Determination of Non - Significance Mitigated, dated March 22, 2010. 2. The applicant shall be required to submit to the Current Planning Project Manager sizing and location detail for the refuse and recyclable deposit area prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. 3_ The applicant shall be required to submit a revised landscaping plan depicting a 10-feet of landscaping between the sidewalk and building on the western portion of the northern fagade which includes substantial landscaping. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 4. The applicant shall be required to submit a revised site and landscape plan depicting a pedestrian connections from ground related residential units to the proposed pedestrian circulation system. The revised landscape and site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 5. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 6. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the northern and western facades. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 7. The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and not just color or direction of siding. The revised elevations shall be submitted to and approved by the Current Planning Project Manager HEX Report City of Renton Department of Community & Economic development LI^wring Examiner Recommendation RENTON CENTER SENIOR LIVING 3-001726, SA-H, ECF, VAR, MOD Report of March 18, 2014 Page 27 of 27 prior to building permit approval. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the entire building for a height appropriate to the scale of the structure. 8. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, cast -in -place concrete, or other high quality material. 9. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. The lighting plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 10. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC 4-4- 080P.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 11. The applicant shall be required to submit a recorded release of easement for the portion of water main under the proposed building permit. The release of easement shall be submitted to the Current Planning Plan Reviewer prior to construction permit approval. 12. The applicant shall be required to resize and/or relocate the proposed structure to avoid encroachment into the existing sewer main easement on the southern portion of the site. The revised site plan shall be submitted to, and approved by, the Plan Reviewer prior to construction permit approval. 13. The applicant shall be required to record the necessary covenants or declarations of restrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval. EXPIRATION PERIODS: Site Plan Approval expires two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4--7-080.M. HEX Report Q; t mw �Ownm -- N IL J W J -ra�w¢Nw u ¢ O u E_0�- -,Zawmr lm Nq > a > w qo¢s 00 Ym❑Y�afl a 2 Q w=ua~woSgoo �gww_nwaZ 0 Li Z W NOnO a"c oii ¢ 2aU0¢U O� ZO m 4�m �.1 s�wm�aayapm - ap D5 ZVI .szaz -DO•g4 64 M ¢ p M C) (6 •61 Sb� UD W M.pp•85 6l� m a a Vl Z K z U W H �� rn 3¢ a 0 }• f�i s E L ---- - ------ - - lal 0 O vi .e F- -91 ui ♦ QQ w � z m 1>? m W Z Z s`R O O U � r� a z N O Zco J^ \r I 2 Q a co m z r�, GNP a Grp c � ��3453 U w � N w caMw il 110 ww Ez H pa¢ !7 / `' a W ssbeA nnasreo ! a 0 HARDEE VE SW > w va �g'F� �� = -�► '.ate s��� �,,, xsi ii� �`•K 11Z 'Z Ilea �1� RE, Me— IN IN 2N' � Is12 IN ` k gillIg 8� ,01 F!, ,_ 1 ® koley go no 1 2 4 S! z J J QLU CL 0— UU z U) 4¢ as w \ . use] 2ul alai Hlol Afforin am Imi MIFIN W 0,z , < UJ F4 OUR mall Eli= Rim \ � /� . F�2 Y, z Ilk* r.l-- �7 •• _ a ' a - yY 4 F m - ``aJv {s :,140Nor i . k 9 M t. 3 �- Pam.' .W-'�„�'s y:•r{-2,:�. �4: ��' r r ■ ,. _ r _. `1.'�F 'r 1. .,�� DEPARTMENT OF COMMUNITY n Cityof Lti,,,4 AND ECONOMIC DEVELOPMENT ,< ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) PROJECT NUMBER: LUA13-001726, SA-H, ECF, MOD APPLICANT: Chris Santoro, Vintage Canddle PROJECT NAME: Renton Center Senior Living PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through. the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. PROJECT LOCATION: 625 Renton Center Way LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4- 9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 14, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: January 31, 2014 DATE OF DECISION: January 27, 2014 SIGNATURES: 4_'_Z4//V Gregg Zi er n, Administrator Public Works Department Date Terry Hig v4a a, Administrator nata Community Services f EXHIBIT 7 Mark Peterson, Administrator Fire & Emergency Services C_E. "Chip" VinMnt, Administrator Department of Community & Economic Development 1-1,7-Jq Date ;? Date DEPARTMENT OF COMMUNITY City or AND ECONOMIC DEVELOPMENT DETERMINATION OF NON —SIGNIFICANCE —MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA13-001726, SA-H, ECF, MOD APPLICANT: Chris Santoro, Vintage Canddle PROJECT NAME: Renton Center Senior Living PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be providedfrom curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. PROJECT LOCATION: 625 Renton Center Way LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Zipper Geo Associates, Inc., dated December 11, 2013. 2. A survey shall be submitted to the Current Planning Project Manager that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on -site supervision of a state -approved archaeologist prior to construction permit approval. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as info.— -Ition only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi -family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a-m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Wntar- 1. The subject development is within the city of Renton water service area. 2. There is existing 12" diameter water main on the frontage of Hardie Way. 3. The project proposes the extension of 12" diameter water main through the site to connect with existing water main located within the site. A 15' wide utility easement is proposed to be given to the City. 4. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. 5. The utility construction plan will have to show the verified information that the 4" water meter vault (5' x 7') will fit in the sidewalk area. Or, the water meter vault will have to be moved to the planter / parking stall location. 6. Fire hydrants as required by the fire department must be provided bythe project. 7. The development is subject to applicable water system development charges (SDC) and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current rate of SDC fee for 1" domestic meter is $2809.00. S. Civil plans for the water main improvements and for the relocation of the existing water main will be required and must be prepared by a registered professional engineer in the State of Washington. Sewer. 1. Sewer service is provided by the City of Renton. 2. The project proposes to connect to the existing 10" diameter sewer line (52165) located to the north of the site. ERC Mitigation Measures and Advisory Notes Page 2 of 4 3. The project elements do not include a common kitchen for the residential portion and the commercial space is not planned to have a kitchen, therefore a grease interceptor is not proposed. 4. System development fee for sewer is based on the size of the new domestic water to serve the proposed project. The current rate for 1" meter is $2033,00. 5. The plans did not include the existing 8" diameter sewer line (50242) and the existing easement located towards the south of the site. The building will have to be resized and/or relocated to not encroach on City utilities and easements. Please confirm the sewer line in the survey and provide the information. This can be reviewed with the utility construction permit_ 6. There maybe separation conflict of the existing sewer line (S0242) located in the south side of the property and the proposed storm line. Adequate horizontal and separation must be provided between utility lines. Surface Water: 1. Surface water system development fee for stormwater is applicable. The current rate is $ 0.491 per square feet of impervious surface, with a minimum of $1228.00. 2. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. Transportation: 1. The primary access has been proposed via the parking lot of the adjacent Fred Meyer parking lot. Copy of the access easement has to be provided to the City. 2. A traffic impact study prepared by Gibson Traffic was submitted to the City. The report incorrectly mentions a 5,430 square feet of commercial space_ The engineer has mentioned that the correction to the proposed 7, 591 square feet of commercial space will cause an increase in 5 PM peak hour trips. This increase in the number of PM peak hour trips is not expected to have a significant impact on the level of service study results that were included in the submitted traffic impact study. A corrected traffic impact study can be submitted to the City during the utility construction permit stage. 3. All electrical, phone, and cable services and lines serving the proposed development must be underground. The construction of these franchise utilities must be inspected and approved by a City of Renton inspector prior to recording the plat. 4. Traffic Impact Fees —The transportation impact fee s applicable on new multifamily development based on the applicable fee at the time of building permit application and payment is due at the time of issuance of the building permit. Fire: 1. Fire impact fees are applicable at the.rate of $388.00 per multi -family unit and $0.52 per square foot of commercial space. This fee is paid at time of building permit issuance, 2. The preliminary fire flow is 4,250 gpm. A minimum of five fire hydrants are required. One within 150-feet and four within 300-feet of the building. One hydrant is required within 50- feet of the fire department connection. An existing water main is within the footprint of the proposed building. It appears fire flow is available at the minimum rate of 5,000 gpm. A minimum of a 12-inch looped fire main is required around the building. Existing hydrants ERC Mitigation Measures and Advisory Notes Page 3 of 4 may be counted towards the requirements as long as they meet current codes and distance requirements, including 5-inch storz fittings. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150-feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet wide. Roadways shall support a minimum of a 30-ton vehicle and 322-psi point loading. 5. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84-inch stretcher. 5. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. General : 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two horizontal and vertical controls per the City's current horizontal and vertical control network. 3. Permit application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. ERC Mitigation Measures and Advisory Notes Page 4 of 4 '�:,'.'DEPARTMENT OFCOMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING Onthe 8m day ofJanuary, 2014, 1 deposited in the mails of the United States, a sealed envelope containing Notice of Acceptance documents. This information was sent to: Charles Morgan, Charles Morgan and Associates Contact | RSD#403 John Knutson |Ovvner | Chris Santoro Applicant I See attached 1300' surrounding property owners I (Signature ofSended: STATE OF WASHINGTON \ SS COUNTY OF KING P0 I certify that I know or have satisfactory evidence that Lisa M. McElrea 0 -signed this instrument and acknowledged it to be his/her/their free and voluntary act for t use6 a Diad p ose mentioned in the instrument. Az Notary (Print): Myappointment expires: o4 Rent n Center Senior Living EXHIBIT 8 1823059069 CARS-DB4 LP 8270 GREENSBORO DR 4950 MCLEAN, VA 22102 182305921E FRED MEYER STORES INC C/O NICKEL & COMPANY 1014 VINE ST#7TH FLOOR CINCINNATI, OH 45202 1823059039 OB RENTON PROPERTIES LLC AT PO BOX 726 BELLEVUE, WA 98009 1823059218 FRED MEYER STORES INC PO BOX 35547 TULSA, OK 74153 23059169 JACK IN THE BOX C/O EPROPERTY TAX DE PT 401 PO BOX 4900 SCOTTSDALE, AZ 85261 1823059052 BNSF PO BOX 961089 FORT WORTH, TX 76161 1823059053 BEL RENTON HOLDINGS LLC 2 INTERNATIONAL PL BOSTON, MA 2110 1823059219 MT DEVELOPMENT CO LLC MICHAELIS DAVIS & BETTY 710 CARDLEY AVE #B MEDFORD, OR 97504 23059189 CAPELOUTO LEON S PO BOX 16719 SEATTLE, WA 98116 1823059157 SOUTH LAKE VETERNARY VENTUR 504 RENTON CENTER WAY 5W SUITE 3 RENTON, WA 98057 1823059168 MAZZARELLA I LLC 5015 15TH AVE NW SEATTLE, WA 98107 Aerial Photo Notes Legend Ncne City and County Boundary Other r City V Renlon Addresses Parcels EXHIBIT 9 128 0 64 128 Feet S_ 1984_Web_M ercator_Auxlliary_Sphere C Information Technology - GIS Thisr r3p _1 usrr tgan. rn el staticoitp.A frn an Internet ma Fins �nr City o n reterei rP on`y D to Jaye: s 11 at a;:.)ea on 1 r I..F rr o �i not b L1 j RenM ntoapSupporl@Rentenwa.gov a�..ura1e cu rc v cr o_nrn Finance & IT Division 311712014 THIS MAP IS NOT TO BE USED FOR NAVIGATION GEOTECHNICAL ENGINEERING REPORT PROPOSED RENTON SENIOR LIVING PROJECT 325 RAINER AVENUE SOUTH RENTON, WASHINGTON Project No. 1187.01 December 11, 2013 Prepared for: Canddle Development ` Prepared by: Zlaigw M UA Zipper Geo Associates, LLQ Geotechnical and Environmental Consultants 19023 36:� Avenue W., Suite D Lynnwood, WA 9803 Yam- 4 ofJc _J' a 4w Technical Information Report Renton Center Senior Living 625 Renton, Center Way Renton, Washington CG Engineering Project No. 13133.20 December 21, 2013 ENGINEERING EXHIBIT 11 250 4th Avenue S, Suite 200 Edmonds, WA 98020 Office: 425.778.8500 Fax: 425.778.5536 1 1A.P-P-1 _-of) r-�' � City of.. e I Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/CODE INTERPRETATION MUNICIPAL CODE SECTIONS: RMC 4-11-040D, RMC 4-11-190S, and RMC 4-2-020K and M. Definitions of Net Density, Shopping Center, and the Purpose and Intent of Commercial Zoning Districts. REFERENCE: RMC 4-11-040D States that for the purpose of calculating net density for residential development, private access easements shall be subtracted from the gross site area. RMC 4-11-190S defines a Shopping Center as: °A group of buildings, structures and/or uncovered commercial areas, or a single building containing four (4) or more individual commercial establishments, planned, developed and managed as a unit related in location and type of shops to the trade areas that the unit serves." RMC 4-2-020K and M include high -density residential development as an intended use in commercial zoning classifications. SUBJECT: Net Density calculations for multi -family residential development in shopping centers. BACKGROUND: The purpose of the net density calculation is to allow staff to calculate how many dwelling units are available to be constructed on a site after the areas specified in RMC 4-11-040D have been deducted from the gross site area. This definition attempts to link the resulting density, of proposed developments, to the net developable area after excluding areas used for access and critical area protection. However, in a Shopping Center access easements may be provided across a large portion of the site for required parking areas and cross access to adjacent properties/businesses. The required deduction of the access easement area is substantially reducing the number of dwelling units available for higher density multi -family residential/mixed-use developments. The requirement for the deduction of the access easement area, within Shopping Centers, for the purpose of calculating net density has become onerous. It does not comply with the purpose and intent of the commercial zoning classifications and may discourage property owners from providing access across parking areas to adjacent properties. Therefore, access easements across shopping centers should not be deducted from gross site area for the purpose of calculating net density. JUSTIFICATION: The purpose and intent of the commercial zoning classifications is to encourage high -density residential development. The deduction of the area within access easements across required parking areas reduces the C:\Users\jsubialAppData\Local\Microsoft\Windows\Temporary Internel Files\Content.Outlook\219NK6G6\Shopping Center Density Determina EXHIBIT 12 density available for residential development on the project site and potentially discourages properties from providing access to adjacent properties and businesses if the area within the access easement would reduce the number of dwelling units available on the project site. Therefore, shopping centers should not be required to subtract the area within an access easement for the purpose of calculating net density. DECISION: Revise the definition of net density to exempt shopping centers from the requirement to deduct the area within access easements for the purpose of calculating net density. ADMINISTRATOR APPROVAL: C. E. "Chip" Vincent DATE: APPEAL PROCESS: To appeal this determination, a written appeal --accompanied by the required filing fee --must be filed with the City's Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6515) no more than 14 days from the date of this decision. your submittal should explain the basis for the appeal. Section 4-5-110 of the Renton Municipal Code provides further information on the appeal process. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: Section 4-11-040D of the Development Regulations will need to be amended to read as shown: 4-11-040D DEFINITIONS D: DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas, i.e., very high landslide hazard areas, protected slopes (except evaluate on a case -by -case basis those protected slopes created by previous development), wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights -of -way and legally recorded private access easements are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Developments meeting the definition of a Shopping Center are not required to deduct areas within access easements from the gross site area for the purpose of calculating net density. Required critical area buffers, streams that have been daylighted including restored riparian and aquatic areas, public and private alleys, and trails, shall not be subtracted from gross acres for the purpose of net density calculations. All fractions which result from net density calculations shall be truncated at two (2) numbers past the decimal (e.g., 4.5678 becomes 4.56). Calculations for minimum or maximum density which result in a fraction that is 0.50 or greater shall be rounded up to the nearest whole number. Those density calculations resulting in a fraction that is less than 0.50 shall be rounded down to the nearest whole number. CI-26 Page 2 of 2 DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION February 13, 2014 Ms. Rocale Timmons Associate Planner City of Renton, CED 1055 South Grady Way Renton, WA 98507 Myson Brooks Ph-D.. Director State Historic Preservation Officer In fature correspondence please refer to: Log: 021314-42-KI Property. LUA13-001726, SA-H, ECF,MOD Renton Center Senior Living Re: Archaeology - Survey Requested, Possible permit from DAHP Required Dear Ms. Timmons: We have reviewed the materials forwarded to our office for the proposed project referenced above_ The area is adjacent to and identified precontact archaeological site and within an area designated on historical maps as an "Indian Village." There is a high potential for archaeological resources consisting of stone tools, hearths, living surfaces, processing features and human burials. The project area has such a high potential to intersect these resources that we question whether it should be a DNS. We request an archaeological survey of the project area be conducted by a professional archaeologist prior to ground disturbing activities. The completed survey should be submitted to DAHP and the interested Tribes for review. A permit from DAHP and additional archaeological work will be required under RCW 27.53 if archaeological resources are present. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. Please be aware that archaeological sites are protected from knowing disturbance on both public and private lands in Washington States. Both RCW 27.44 and RCW 27.53.060 require that a person obtain a permit from our Department before excavating, removing, or altering Native American human remains or archaeological resources in Washington. Failure to obtain a permit is punishable by civil fines and other penalties under RCW 27.53.095, and by criminal prosecution under RCW 27,53.090. Chapter 27.53.095 RCW allows the Department of Archaeology and Historic Preservation to issue civil penalties for the violation of this statute in an amount up to five thousand dollars, in addition to site restoration costs and investigative costs. Also, these remedies do not prevent concerned tribes from undertaking civil action in state or federal court, or law enforcement agencies from undertaking criminal investigation or prosecution. Chapter 27,44.050 RCW allows the affected Indian Tribe to undertake civil action apart from any criminal prosecution if burials are disturbed. EXHIBIT 13 Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact inc at (360) 586-3088 or Gretchen.Kaehler(ci)dahp wa.gov. Please note we are the Washington State Department of Archaeology and Historic Preservation rather than Office of Archaeology and Historic Preservation. Sincerely, Gretchen Kaehler Local Governments Archaeologist (360) 586-3088 g[etchen.kaehler@dahp-wa.goy cc. Laura Murphy, Archaeologist, Muckleshoot Tribe Cecile Hansen, Chairwoman, Duwamish Tribe Phil LeTourneau, King County Historic Preservation Program Dennis .Lewarch, THPO, Suquamish Tribe Guy Tasa, State Physical Anthropologist, DAHP State of Washington • Department of Archaeology & Historic Preservation a STA P.O. Box 48343 • Olympia, Washington 48504-8343 • (360) 586-3065 www.dohp.wo.gov w� y i k EXHIBIT 14 GTC #13-115 p--� L Y• r y -- G W, ~Ci r J u- --E u¢ n o y C G :—. 1� Y a- Y 11 fl. tCu� ax ii7iLLZ� J =AE_ O C o C ��� Y J� r "_' U 3 '.-+J L+a G ., +SC--• �a C Y ems: F _a 7 ._� � 3 r ova rn• � v ... YL -i 'cam —:mac = s•p� CLon y t �"�� vyiT�N .�+ C VL' .❑Q �O. 4 +� 6D ay•� � s o a� s o .� O p" + s C p"•- - C. � � 3 a on a �g'�' ^ glo 7z' v 'c:j `''" pip i. � -c � a z Ly } N t6 IZ >,"I7 � N 3-��'44 �A C E u wQ U.0 �'� 0 = ° a,� ai �' Q 5' 04 O �o tna�10�x �� o �- NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way, Renton, Washington, on March 25, 2014 at 10.00 am to consider the following petition: Reserve at Renton Senior Living LUA#13-001726, SA-H Location: 625 Renton Center Way SW. Applicant request HEX Site Plan Review and Parking Variance and modification for the construction of a 5 story mixed use building containing 219 senior living apartment units and 7,591 square feet of commercial space_ The vacant 3.67 acre site is located within the CA zone. Primary access would be provided from Rainier Ave S, through the Fred Meyer parking area_ Legal descriptions of the files noted above are on file in the City Clerk's Office, Seventh Floor, City Hall, Renton. All interested persons are invited to be present at the Public Hearing to express their opinions. Publication Date: March 7, 2014 Account No. 51067 HEX pubiication.doc 1823059069 CARS-DB4 LP 8270 GREENSBORO DR #950 MCLEAN, VA 22102 1823059215 FRED MEYER STORES INC C/O NICKEL & COMPANY 1014 VINE ST#7TH FLOOR CINCINNATI, OH 45202 1823059038 OB RENTON PROPERTIES LLC AT PO BOX 726 BELLEVUE, WA 98009 1823059218 FRED MEYER STORES INC PO BOX 35547 TULSA, OK 74153 io23059169 JACK IN THE BOX C/O EPROPERTY TAX DEPT 401 PO BOX 4900 SCOTTSDALE, AZ 85261 1823059052 BNSF PO BOX 961089 FORT WORTH, TX 76161 1823059053 BEL RENTON HOLDINGS LLC 2 INTERNATIONAL PL BOSTON, MA 2110 1823059219 MT DEVELOPMENT CO LLC MICHAELIS DAVIS & BETTY 710 CARDLEY AVE #B MEDFORD, OR 97504 ,823059189 CAPELOUTO LEON S PO BOX 16719 SEATTLE, WA 98116 1823059157 SOUTH LAKE VETERNARY VENTUR 504 RENTON CENTER WAY 5W SUITE 3 RENTON, WA 98057 1823059168 MAZZARELLA I LLC 5015 15TH AVE NW SEATTLE, WA 98107 City of REVISED NOTICE OF APPLICATION A Master Application has been revised, filed, and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: March 3, 2024 PROJECT NAME/NUMBER: Reserve at Renton Senior Living / LUA13-001726, ECF, SA-H, MOD, VAR PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental {SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 4,536 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of 5 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave 5, through the Fred Meyer parking area to the west ofthe proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. Per RMC 4-2-120A parking for residential units is required to be enclosed within the same building as the unit it serves. As a result, the applicant is requesting a Variance in order to locate the proposed parking within the surface parking lot. There appear to be no critical areas located on site. PROJECT LOCATION: 625 Renton Center Way SW PERMITS/REVIEW REQUESTED: Environmental {SEPA) Review, Hearing Examiner Site Plan Review, Modification and Variance Review APPLICANT/PROJECT CONTACT PERSON: Charles Morgan, Charles Morgan and Associates Architects / EML: info@cmaarch.com / Mail: 7301 Beverly Lane, Everett, WA 98203 PUBLIC HEARING: Public hearing is tentatively scheduled for March,25,, 2014 before the Renton Hearing Examiner at 10:00 AM, in Renton Council Chambers on the 7th floor of Renton City Hall. Comments on the above application must be submitted in writing to Rocale Timmons, Senior Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 p.m. on March 17, 2014. This matter is also tentatively scheduled for a public hearing on March 25, 2024 @ 10:00 AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested In attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at (4251 430-6578. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mai4, please contact the Project Manager. Anyone who submits written comments will automatically became a party of record and will be notified of any decision an this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: December 23, 2014 NOTICE OF COMPLETE APPLICATION: MARCH 3, 2014 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name / No.: Reserve at Renton Senior Living / LUA13-001726, ECF, SA-H, MOD, VAR NAME: MAILING ADDRESS: City/5tate/Zip: TELEPHONE NO.: Denis Law - - City Of,, Mayor - -�i, F- — a } 11 Department of Community and Economic Development February 27, 2014 C.E. "Chi p"Vin cent, Administrator Charles Morgan Charles. Morgan and Associates 7301 Beverly Lane Everett, WA. 98203 SUBJECT: "Off Hold" -Notice Renton Center Senior Living / LUA13-001726, ECF, SA-H, MOD Dear Mr. Morgan Thank you for -submitting the additional materials requested in the February 13, 2014 letter from the City. Your project has been taken.off hold and the City will continue review of the Renton Center Senior Living project. The Site Plan,-Street'Modification, Variance review and is tentatively scheduled to go before the -Hearing Examiner on March 25, 2014 at 10:00 a.m.: If you have any questions, please contact me at (425) 430-7219. Sincerely, Rocale Timmons Senior Planner cc: RSD#403 c/o John Knutson J owner(s) Chris Santoro / Applicant Parties of Record Renton City_Hall 1055 South Gradyway . Renton, Washington 98057 rentonwa:gov C G ENGINEERING 250 4th Ave. South, Suite 200 Edmonds, WA 98020 Phone: 425.778.8500 Fax: 425.778.5536 www.cgengineering.com To Rocale Timmons City of Renton 1055 South Grady Way Renton, WA 98057 LETTER OF TRANSMITTAL Date 2/21/14 Project Renton Center Senior Living CG Job No. 13133.20 We are sending you the following items via: ❑U.S. Mail ❑UPS ®Other: In Person ❑Shop Drawings []Drawings []Specifications ®Other: Parking Variance ❑Copy of Letter []Calculations ❑Report Copies Date No. of Pages Descriptions 1 2/20/14 1 Variance request letter -original 1 2/20/14 2 Parking Variance request narrative- original 4 2/20/14 1 Variance request letter 4 2/20/14 2 Parking Variance request narrative These are transmitted as checked below: ®For Approval ❑For Your Use ❑As Requested ❑for Review and Comment Remarks: Copy to: File ❑Resubmit copies for approval ❑Return ❑0ther: Shop Drawings: [:]No Exceptions Taken ❑Make Corrections Noted ❑Revise and Resubmit Signed: C. Chevy Chase, PE SE, Principal Please notify us if enclosures are not as noted. RECEIVED IEB 2 12014 CITY OF REMTON P14NNING 1)"SiON C 4M ENGINEERING February 20, 2014 Rocale Timmons, Sr. Planner City of Renton 1055 South Grady Way Renton, WA 98057 RE: Renton Center Senior Living CG Project No. 130133.20 Dear Rocale, The Renton Center Senior Living Site Plan was submitted for review to the City of Renton on December 20, 2013. Based on the comment received in your February 12, 2014 email regarding modification to the parking, please consider this our request to have the attached variance justification narrative included as part of the submittal package for the Renton Center Senior Living. Sincerely, CG Engineering C. Chevy Chase, PE SE Principal 11R 2x ?0W City OF RFNrON PtANN1NC' o1VrSfC)N ENGINEERING February 20, 2014 Rocale Timmons, Sr. Planner City of Renton 1055 South Grady Way Renton, WA 98057 RE: Renton Center Senior Living Parking Variance RequestVED Located on Hardie Ave SW at Renton Center Way SW CG Project No.13133.20l�l¢ Dear Ms. Timmons, Clry O REJVT 1V D1V1S+OlV We understand that the City of Renton planning department has determined that the above project's proposed surface parking does not comply with the Renton Municipal Code. The RMC 4-2- 120A Development Standards states that parking for residential units within the Commercial Arterial (CA) zone shall be enclosed within the building it serves. We have decided to apply for a variance from the development standards to eliminate the requirement for residential parking to be enclosed within the building for our proposed project. Our justification narrative and how we meet the criteria for variance approval is illustrated below: The proposed project consists of 219 units of housing for senior citizens earning less than 60% of the Annual Median Income in the area. The project site is part of the existing Renton Center commercial plaza, which is anchored by a Fred Meyer store. The site is currently vacant as a result of previous, failed development efforts. There are several criteria that need to be met for a variance of the development standards. The code language is presented in italics below, followed by our responses to each condition: a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and underidentical zone classification, There are several conditions applicable to the subject parcel that justifies a variance from the enclosed parking requirement. First, the project site is characterized by a high water table. The intended purpose of requiring parking be enclosed in a residential structure is largely aesthetic; the City does not want to encourage surface parking. In this instance, however, this purpose would be thwarted by an enclosed garage, which would have to be above -grade because of the high water table. Above -grade parking in the structure also would be inconsistent with the residential character of the project. Second, the City has high standards for management of stormwater on a project site. In order to meet these standards, the proponent will use pervious surfaces on the project courtyard common area to facilitate infiltration of stormwater. Requiring enclosed parking, whether underground (if it could be accommodated given the high water table) or above -ground, would preclude use of this best management practice and significantly reduce the developable area of the site by increasing stormwater quantities to be managed on site. Third, the site is part of a developed shopping center. As is typical with a center of this sort, all non - building areas are developed as surface parking. Enclosed parking would be incompatible with the surrounding properties. Conversely, requiring enclosed parking on the subject site would Renton Center Senior Living February 20, 2014 Parking Variance Request Page 2 of 2 deprive the owner of the opportunity to meet parking requirements on the surface, a right and privilege afforded all other uses in this shopping center and in the vicinity and zone generally. Fourth, the properties within the shopping center are burdened by restrictive covenants and conditions_ These conditions and covenants require each parcel to share parking with each other parcel in order to meet commercial shopping demand. Enclosing the residential parking would reduce the opportunity for cross -parking between the parcels, both undermining and potentially violating the shopping center covenants. Finally the proposed project is intended to meet the needs of residents at or below 60% Area Median Income. Structured parking would increase project costs significantly, jeopardizing financial feasibility. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated, Varying the development standards to allow surface parking on the project site would not be injurious or detrimental in any way. First, locating the parking outside of the building will make it available to customers of the surrounding businesses, as well as project residents. Second, the proposed project is intended to meet a growing community need for housing affordable to low income senior citizens. Requiring enclosed parking would significantly increase project costs and undermine the feasibility of the project. Third, the project site has been undeveloped and unkempt for many years. The proposed project would significantly improve on the current condition of the property, a noticeable benefit to the surrounding properties. Fourth, facilitating residential development in this commercial environment will provide new customers for the existing businesses. At the same time, the proximity of commercial uses to the proposed residences will enable shopping trips by foot, reducing demand on the transportation system. Finally, the project will be located in a commercial zone. Allowing the proposed project to meet its parking demand is entirely consistent with the improvements on the adjacent properties, as well as other properties in the vicinity and in the zone generally. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated, - All other properties in the vicinity are commercial properties with external parking. Therefore, approval of this variance would not constitute special privilege. d. That the approval is a minimum variance that will accomplish the desired purpose. The project will meet all requirements for parking areas in the CA zone, including landscaping requirements. This variance will only allow the parking to be located external to the building. We believe this variance benefits the project greatly while also serving the surrounding properties. Internal parking would be inconsistent with this area and would greatly increase the cost of the project beyond feasibility_ Redeveloping this vacant parcel for senior citizens, with new landscaping, walking paths and amenities, will greatly improve the current conditions and benefit the general public. Sincerely, CG Engineering C. Chevy Chase, PE, SE, Principal 4835-1771-1640, v. 2 C 250 4t" Ave S Edmonds, WA 98020 p.425.778.8500 f.425.778.5536 ENGINEERING Denis Law City of " Mayor _ ,� Y February 17, 2014 Department of Community and Economic Development C.E."C hi p"Vi n cent, Administrator Gretchen Kaeler DAHP PO Box 48343 Olympia, WA 98504 SUBJECT: RENTON CENTER SENIOR LIVING COMMENT RESPONSE LETTER LUA13-001726, ECF, SA-H, MOD . Dear Ms, Kaehler: Thank you for your comments related"to the Renton Center Senior Living proposal; dated February 13, 2014 wherein you requested the City require an archeological survey of the project area, .conducted by a professional archeologist prior to ground disturbing activities. Your letter has been included in the official project file and the reviewing official will consider your concerns and request'as part of their review. You have been made- a party of record and if you have"any further questions please feel free to contact me at 425-430-7219 or rtimmons@rentonwa.gov. Thank you. Sincerely, Ile Tim r Planner Reaton City Hall 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION February 13, 2014 Ms. Rocale Timmons Associate Planner City of Renton, CED 1055 South Grady Way Renton, WA 98507 Allyson Brooks Ph.D., Director State Historic Preservation Ofticer koo 1� � lD In future correspondence please refer to: Log: 02I 314-42-KI Property: LUA13-001726, SA-H, ECF,MQD Renton Center Senior Living Re: Archaeology - Survey Requested, Possible permit from DAHP Required Dear Ms. Timmons: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area is adjacent to and identified precontact archaeological site and within an area designated on historical maps as an "Indian Village." There is a high potential for archaeological resources consisting of stone tools, hearths, living surfaces, processing features and human burials. The project area has such a high potential to intersect these resources that we question whether it should be a DNS. We request an archaeological survey of the project area be conducted by a professional archaeologist prior to ground disturbing activities_ The completed survey should be submitted to DAHP and the interested Tribes for review. A permit from DAHP and additional archaeological work will be required under RCW 27.53 if archaeological resources are present. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. Please be aware that archaeological sites are protected from knowing disturbance on both public and private lands in Washington States. Both RCW 27.44 and RCW 27.53.060 require that a person obtain a permit from our Department before excavating, removing, or altering Native American human remains or archaeological resources in Washington. Failure to obtain a permit is punishable by civil fines and other penalties under RCW 27.53.095, and by criminal prosecution under RCW 27.53.090. Chapter 27.53.095 RCW allows the Department of Archaeology and Historic Preservation to issue civil penalties for the violation of this statute in an amount up to five thousand dollars, in addition to site restoration costs and investigative costs. Also, these remedies do not prevent concerned tribes from undertaking civil action in state or federal court, or law enforcement agencies from undertaking criminal investigation or prosecution. Chapter 27.44.050 RCW allows the affected Indian Tribe to undertake civil action apart from any criminal prosecution if burials are disturbed. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586-3088 or Gretchen.Kaehler(r�dahp.wa. gov. Please note we are the Washington State Department of Archaeology and Historic Preservation rather than Office of Archaeology and Historic Preservation. Sincerely, Gretchen Kaehler Local Governments Archaeologist (360) 586-3088 gretchen.kachler(a�dahp.wa.gov cc. Laura Murphy, Archaeologist, Muckleshoot Tribe Cecile Hansen, Chairwoman, Duwamish Tribe Phil LeTourneau, King County Historic Preservation Program Dennis Lewarch, THPO, Suquamish Tribe Guy Tasa, State Physical Anthropologist, DAHP State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov S -STArq 0 a _ µ s Nd' 4 y �H-e f894 Cl0 Denis Law City of : , r Mayor ' J 3 { uR February 13, 2014 Department of Community,and Economic Development C.E."Chip"Vincent; Administrator Charles Morgan Charles Morgan and Associates 7301 Beverly Lane: Everett, WA 98203 SUBJECT: "On Hold Notice Renton Center Senior Living, LUA13-001726, ECF, SA-H, MOD Dear Mr. Morgan:,. , The Planning Division of the City of Renton accepted.the above master application for review on January 9, 2014. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before August 13, 2014 so that we may continue the review of the above subject application: • It has been determined that the proposal would require a Variance, from RMC 4- 2-120A,. in order to site parking for the residential use within a .surface parking area instead of the required structured parking. You will be required to submit.. the following: o - Please provide. 12 copies of a -written statement addressing and justifying.the variance to be considered by the City. The burden of proof as to the appropriateness. of the application lies with the applicant. In order to approve a variance request, the Reviewing. Official must find ALL the following conditions exist`. ■ The applicant suffers practical" difficulties and, unnecessary hardship and the .variance .is necessary because of special circumstances applicable to subject property, including size, - shape, topography, and location or surroundings of the subject property; and the strict. application of the Zoning Code is. found to deprive subject property .owner of rights and privileges enjoyed by other property'owners in. the vicinity and . under identical zone classification; ■ The granting of the variance will not bematerially detrimental to the . public welfare or injurious to the property .or improvements in the' vicinity and zone in which subject property is situated; Renton City Hall 1055 South Grady Way . Renton; Washington 98057 . rentonwa.gov ■ The approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; and ■ The approval is the minimum variance that will accomplish the desired purpose. o A fee, for the Variance Application, in the amount of $1,236.00 (which include the 3% technology fee). • Once the additional funds have been submitted, a new public hearing will be scheduled, the proposal will be re -noticed to include the Variance request, and another two week comment period will be held. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7219 if you have any questions. Sincerely, Plan er Name Senior Planner cc: RSD#403 c/o John Knutson J owner(s) Chris Santoro / Applicant Parties of Record DD V OQ C O .� �U F"°O h W 71 °oox� °¢ d Q � o cEN° F�LFw o uw`u.c z C�¢ U-nYZY 0 In U'v-yo yo a.-w� Zo L; az°¢� ca. j;5 oM�d o mot^ u o e E x x� R° C i�cin n as co VG v Co trroC ac°oUQoc� wy` auCJaQco E �cc�a C c'w °s p ZpCLWU.au2 'c .ye.�n,F> mZo � Zva4 o cON o C ❑ nx ry -'� b ,p, W _ oQ E o�.?vi s`� R'n N a E ei< aU ar3 W W r. 0. Z C ¢ m a w � .o •a C a� i C-" 3C m o�.a U C c m a x ° m .� a^ .0 C _^ �' E r oo,v au 5° x°j ° �>:? oE 0 t,S ^0. F-U apa-c==�0�aN�4 aE ._L, [euFbE �Eo O ' CUao w�u ouh O,61�• C U) Cl, 0 wz r u U� a u rc aco CD w o R�o 0, utC:L c za 124 -� � 1 con z � -� y ��y � O c`tl •y � '� p � c�a ran w any C4 j O Od Vacs. 0G��o Ln 4- I-.w��:����� a.d nQ, U off v z :IN a r, 1� �° —woo City of, r� C OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Renton Center senior Living PROJECT NUMBER: LUA13-001726, SA-H, ECF, MOD LOCATION: 625 Renton Center Way DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed In writing on or before 5,00 p.m. on February 14, 2014, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-5-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510, A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON FEBRUARY 20, 2014 AT 11:00 AM TO CONSIDER THE SITE PLAN AND MODIFICATION REQUESTS. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL. (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) PROJECT NUMBER: LUA13-001726, SA-H, ECF, MOD APPLICANT: Chris Santoro, Vintage Canddle PROJECT NAME: Renton Center Senior Living Ci�t�yof �(\��f� J�j\/��JI�I'`r�✓JII�,'` K PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. PROJECT LOCATION: 625 Renton Center Way LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4- 9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 14, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-5-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: January 31, 2014 January 27, 2014 �eZ?n2 �t r 1-1-7-I'/ Gregg Zi er n, Administrator Mark Peterson, Administrator Public Works Department Date Fire & Emergency Services Date Terry Hig hiya a, Administrator C.E. "Chip" Vin nt, Administra or Community Services Department Date Department of Community & Date Economic Development DEPARTMENT OF COMMUNITY D city of AND ECONOMIC DEVELOPMENT DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA13-001726, SA-H, ECF, MOD APPLICANT: Chris Santoro, Vintage Canddle PROJECT NAME: Renton Center Senior Living PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. PROJECT LOCATION: 625 Renton Center Way LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Zipper Geo Associates, Inc., dated December 11, 2013. 2. A survey shall be submitted to the Current Planning Project Manager that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on -site supervision of a state -approved archaeologist prior to construction permit approval. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi -family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Water: 1. The subject development is within the city of Renton water service area. 2. There is existing 12" diameter water main on the frontage of Hardie Way. 3. The project proposes the extension of 12" diameter water main through the site to connect with existing water main located within the site. A 15' wide utility easement is proposed to be given to the City. 4. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. 5. The utility construction plan will have to show the verified information that the 4" water meter vault (5' x 7') will fit in the sidewalk area. Or, the water meter vault will have to be moved to the planter / parking stall location. 6. fire hydrants as required by the fire department must be provided by the project. 7. The development is subject to applicable water system development charges (SDC) and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current rate of SDC fee for 1" domestic meter is $2809.00. 8. Civil plans for the water main improvements and for the relocation of the existing water main will be required and must be prepared by a registered professional engineer in the State of Washington. Sewer. 1. Sewer service is provided by the City of Renton. 2. The project proposes to connect to the existing 10" diameter sewer line (52165) located to the north of the site. ERC Mitigation Measures and Advisory Notes Page 2 of 4 3. The project elements do not include a common kitchen for the residential portion and the commercial space is not planned to have a kitchen, therefore a grease interceptor is not proposed. 4. System development fee for sewer is based on the size of the new domestic water to serve the proposed project. The current rate for 1" meter is $2033.00. 5. The plans did not include the existing 8" diameter sewer line (S0242) and the existing easement located towards the south of the site. The building will have to be resized and/or relocated to not encroach on City utilities and easements. Please confirm the sewer line in the survey and provide the information. This can be reviewed with the utility construction permit. 6. There may be separation conflict of the existing sewer line (S0242) located in the south side of the property and the proposed storm line. Adequate horizontal and separation must be provided between utility lines. Surface Water: 1. Surface water system development fee for stormwater is applicable. The current rate is $ 0.491 per square feet of impervious surface, with a minimum of $1228.00. 2. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. Transportation: 1. The primary access has been proposed via the parking lot of the adjacent Fred Meyer parking lot. Copy of the access easement has to be provided to the City. 2. A traffic impact study prepared by Gibson Traffic was submitted to the City. The report incorrectly mentions a 5,430 square feet of commercial space. The engineer has mentioned that the correction to the proposed 7, 591 square feet of commercial space will cause an increase in 5 PM peak hour trips. This increase in the number of PM peak hour trips is not expected to have a significant impact on the level of service study results that were included in the submitted traffic impact study. A corrected traffic impact study can be submitted to the City during the utility construction permit stage. 3. All electrical, phone, and cable services and lines serving the proposed development must be underground. The construction of these franchise utilities must be inspected and approved by a City of Renton inspector prior to recording the plat. 4. Traffic Impact Fees —The transportation impact fee s applicable on new multifamily development based on the applicable fee at the time of building permit application and payment is due at the time of issuance of the building permit. Fire: 1. Fire impact fees are applicable at the rate of $388.00 per multi -family unit and $0.52 per square foot of commercial space. This fee is paid at time of building permit issuance, 2. The preliminary fire flow is 4,250 gpm. A minimum of five fire hydrants are required. One within 150-feet and four within 300-feet of the building. One hydrant is required within 50- feet of the fire department connection. An existing water main is within the footprint of the proposed building. It appears fire flow is available at the minimum rate of 5,000 gpm. A minimum of a 12-inch looped fire main is required around the building. Existing hydrants ERC Mitigation Measures and Advisory Notes Page 3 of 4 may be counted towards the requirements as long as they meet current codes and distance requirements, including 5-inch storz fittings. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150-feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet wide. Roadways shall support a minimum of a 30-ton vehicle and 322-psi point loading. 5. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84-inch stretcher. 6. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. General : 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two horizontal and vertical controls per the City's current horizontal and vertical control network. 3. Permit application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. ERC Mitigation Measures and Advisory Notes Page 4 of 4 nis Dena oaw City 0 , -k 14- January 30, 2014 Department of Community and Economic Development C.E."Chi p"Vin cent, Administrator Charles Morgan Charles Morgan and Associates 7301 Beverly Lane Everett, WA 98203 SUBJECT: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Renton Center Senior.Living, LUA13-001726 Dear Mr. Morgan: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they -have completed their review of the subject project and have issued a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report, for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 14, 2014, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057: Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's.Office, (425) 430-6510. Also, a public hearing has been scheduled by the Hearing. Examiner in the Council Chambers on the seventh floor of City Hall on February 20; 2014 at 11:00 am to consider the site Plan and Modification requests. Time applicant or 'representative(s) of the applicant is required to. be present at the public hearing. A co.py of the staff recommendation will be mailedao you prior to the hearing. if the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. If you have any further,questions, please call me at (425) 430-7219. For the Environmental eview Committee, Roc e-Timmons Senior Planner Enclosure cc: Renton school District #403 / Owner(s) Chris Santoro, Vintage Canddle / Applicant Renton City Hall . 1055 South Grady Way . Renton, Wash ington 98057 . rentonwa.gov DEPARTMENT OF COMML fY Cityof,. AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE.- January 27, 2014 Project Name: Renton Center Senior Living Owner: Renton School District; John Knutson; 300 SW 7th St; Renton, WA 98057 Applicant: Chris Santoro; Vintage Canddle; 3424 Via Oporto, Ste 201; Newport Beach, CA 98203 Contact: Charles Morgan; Charles Morgan & Associates; 7301 Beverly Lane; Everett, WA 98203 File Number: LUA13-001726, SA-H, ECF, MOD Project Manager: Rocale Timmons, Senior Planner Project Summary: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square fleet of commercial space. The mixed - use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave 5W. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie Ave SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. Project Location: 625 Renton Center Way Site Area: 3.67 acres STAFF Staff Recommends that the Environmental Review Committee issue a Determination RECOMMENDATION: of Non -Significance - Mitigated (DNS-M). Project Location Map ERC Report City of Renton Deportment of Comm & Economic Development rironmental Review Committee Report RENTON CENTER SENIOR LIVING LUA23-001726, SA-H, ECF, MOD Report of January 27, 2014ar. — - - Page 2 of 7 I PART ONE: PROJECT DESCRIPTION / BACKGROUND I The applicant is requesting Hearing Examiner Site Plan Review and Environmental (SEPA) Review for the construction of a 6-story mixed -use building containing 219 senior apartments and 7,591 square feet of commercial space on the first floor. It would have an approximate density of 59.7 du/ac. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW, just north of the Burlington North Santa Fe Railway. Fred Meyer and associated retail abuts the site to the north and east. Multi -family residential is adjacent to west of the site. The eastern half of the project site is a parking lot which blends in with the parking for the overall Renton Center Shopping Center. The drive aisle on the northern boundary of the property is shared with the abutting Fred Meyer parking lot. The western half of the site is also developed as parking area which is infrequently used. The easterly 86-foot portion of the site would be set aside as open space and would be used as a buffer for the proposed mixed - use structure. Access to the site would be provided off NE 48th St via two driveways resulting in a private loop road on -site. A total of 392 parking spaces would be provided of which 263 stalls would be located within a sub -grade parking garage. The remaining 129 stalls would be located within surface parking surrounding the two proposed structures_ The site was formerly used by the Renton School District for bus parking and is currently vacant. There are approximately 43 trees located on site of which 41 are proposed to be removed. There are high tension power transmission lines that cross the east portion of the site from north to south. Construction of the development is anticipated to begin during the year of 2014. No public comments have been received to date. PARTTWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. B. Mitigation Measures 1_ All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geatechnical report, prepared by Zipper Geo Associates, Inc., dated December 11, 2013. C. Exhibits Exhibit 1 Environmental Review Committee Report Exhibit 2 Site Plan Exhibit 3 Landscape Plan Exhibit 4 Elevations Exhibit S TIR Report Exhibit 6 Geotechnical Report Exhibit 7 Traffic Report ERC Report City of Renton Deportment of Commur" & Economic Development ' vironmentai Review Committee Report RENTON CENTER SENIOR LIVING LUA13-001726, SA-H, FCi=, MOD Report of January 27, 2014 v Page 3 of 7 D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The existing site can best be characterized as generally flat with low slopes ranging from fly% to 2.0%. The existing impervious cover is approximately 86%. The western half of the site would be cleared in order to accommodate the proposed building. The majority of the eastern parking area would remain as is. One drive aisle, centrally located on the subject site, is proposed to be replaced by a landscaped pedestrian connection. Following construction the applicant is proposing an impervious cover of approximately 74%. The finished floor elevation, of the proposed structure, is expected to be within about one foot of the existing grade_ As a result, grading for the project is expected to be relatively minimal with cuts and fills of 2 feet or less. The applicant is proposing the excavation of approximately 1,430 cubic yards of on -site material that would be balanced on site. Approximately, 3,650 cubic yards of structural fill would be imported to the site. The applicant provided a geotechnical report, prepared by Zipper Geo Associates, LLC, on December 11, 2013 (exhibit 6). The subsurface evaluation for the project included three geotechnical borings ranging from 11 to 51 feet. The site consisted of approximately 8-inches of crushed rock fill underlain by gravelly sand fill extending to about 1.5 feet below existing grade. Very loose sand with trace silt was observed below the gravelly sand fill extending to about 4 feet below existing site grade. Very soft silt and very loose sand extended to about 25 below existing grade beyond the very loose sand with trace silt. Beyond 25 feet extending to 51 feet below existing grade, medium dense to dense gravel with variable sand content was found. Groundwater was observed in the explorations, approximately 6.5 feet below grade, and was interpreted to be a regional shallow aquifer within the alluvial soil unit. The soil conditions observed in the geotechnical explorations were found to not be suitable for shallow foundation support. The report recommended the proposed building be supported on deep foundations, such as augercast piles. Auger cast piles are a drilled and pumped pile, not a driven pile. Additional recommendations, included in the geotechnical report, include specific recommendations for: site preparation, structural fill, excavation, foundations, slab -on -grade floors, drainage, and pavements. As such, staff recommends as a mitigation measure, that the applicant comply with all of the design recommendations included within the "Geotechnical Engineering Stud', prepared by Zipper Geo Associates, Inc., dated December 11, 2013 (Exhibit 6). The geotechnical report incorrectly mentions a 5,430 square foot area for the commercial space. As a condition of Site Plan approval the applicant would be required to correct the geotechnical report prior to utility construction permit approval. Exposed cover during construction would leave soils susceptible to erosion. The applicant will be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements- The project would also be required to obtain a Construction Stormwater General permit from the Department of Ecology. Mitigation Measures: 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Zipper Geo Associates, Inc., dated December 11, 2013. Nexus: SEPA Environmental Regulations ERC Report City of Renton Department of Commute- - & Economic Development vironmental Review Committee Report RENTON CENTER SENIOR LAVING LUA13-0_ 01716,_ SA-H, ECF, MOD Report of January 27, 2014 c �~ Page 4 of 7 2. Air Impacts: it is anticipated that some temporary adverse air quality impacts could be associated with site work and building construction required to develop this property. Project development impacts during construction may include dust resulting from grading, exhaust from construction vehicles and odors from roofing installation. Dust would be controlled through the use of temporary erosion control measures and sprinkling of the site with water as needed. Nor further site specific mitigation for the identified impacts from exhaust is required Mitigation Measures: No mitigation recommended. Nexus: N/A a. Storm Water Impacts: The project is part of the Green/Duwamish River Watershed and stormwater would be conveyed in that direction via the City of Renton stormwater system. Generally the downstream conveyance path is a 60-inch diameter pipe system, although some sections within the downstream quarter mile are 35- and 48 inches. The storm system eventually outfalls into the Black River, which then runs approximately half a mile toward the Duwamish waterway, which flows northwesterly toward Puget Sound. The applicant intends to run the site's new and replaced impervious surfaces into the existing storm systems. The western half of the site, where a majority of the development would occur, would be routed to the storm system in Hardie Ave SW. The eastern half of the site would continue to run into the existing catch basins, and convey towards the Fred Meyer storm system, which eventually connect to Hardie Ave SW as well. The applicant is also proposing to add low impact development facilities in order to meet Flow Control BMP requirements_ A preliminary drainage plan and drainage report has been submitted with the site plan application, prepared by CG Engineering, dated December 2013 (Exhibit 5). The report addresses compliance with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapters 1 and 2_ Based on the Citys flow control map, this site falls within the Peak Rate Flow Control Standard (Existing Site Conditions). The TIR mentions that the proposed impervious surface area is lesser than the existing impervious surface area and the peak flow control rates are lesser in the post development scenario and therefore a flow control facility was not required. The project does however trigger the water quality system requirement. The project includes a commercial space and multi -family development, therefore enhanced basic water quality is applicable. Any exception to the enhanced basic quality and a change to basic water quality must meet the requirements of Section 1.2.8.1 of the 2009 Surface Water Design Manual Amendment. Otherwise, the enhanced water quality must be provided. Any experimental water quality facility must follow the guidelines included in 1.2.8.2.E of the 2009 Surface Water Design Manual Amendment and is subject to review of an adjustment process. 3_ Minimum separation of 15 feet must he provided between the existing stormwater pipe on Hardie Way frontage and the proposed retaining wall, or else, the developer must relocate the existing stormwater main. Minimum separation also must be provided between the stormwater facility and the proposed building. The report disclosed existing flooding problems on Hardie Ave SW at the BNSF railroad underpass due to insufficient downstream capacity to convey the runoff from the highly urbanized upstream basin are, of which the subject proposal is located. The City's Surface Water utility CIP includes a project to improve conveyance capacity to reduce flooding problems at the Hardie Ave SW and BNSF railroad location. The first phase of the project includes the installation of a GO -inch storm conveyance system for an outfall at Naches ERC Report City of Edenton Department of Commu ' & Economic Development vironmental Review Committee Report RENTON CENTER SENIOR LIVING [UA13-001126, SA-N, ECF, MOD Report of January 27, 2014 - Page 5 of 7 Ave SW and Lind Ave SW (LUA13-000800). Therefore, no additional downstream capacity improvements are needed in order to accommodate the proposed development. Mitigation Measures: No further mitigation recommended. Nexus: N/A 3. Transportation Impacts: A traffic study prepared by Gibson Traffic Consultants, dated December 2013, was submitted with the site plan application and has been reviewed (Exhibit 7). The analysis is acceptable as submitted. The subject development is proposing to take access via two existing locations; the signalized intersection of Rainier Ave S at S 4 h Place and the stop -controlled intersection of Hardie Ave SW and SW 5"' Place. The traffic report estimates that 45% of the development's trips would travel to and from the south; 35% along Rainier Ave S and 10% along Hardie Ave SW_ Approximately 30% of the project's trips are anticipated to travel to and from the north; 2546' along Rainier Ave S and 5% along Hardie Ave SW. The report estimates that 15% of the project's trips would be travel to and from the west; SW Sunset Blvd and 5"' Place SW. The remaining 10% of the development's trips are anticipated to be local trips to and from abutting commercial development. The traffic report included level of service analysis for the intersections of Rainier Ave S and S e Place and Hardie Ave SW at 5"' Place SW. The analysis indicates that the proposed development would add less than three seconds of delay at the study intersections and would not change the Level of Services (B and D respectively). It is anticipated that the proposed project would result in short term and long term impacts to the City's street system. Based on the traffic generation analysis the proposed final project is anticipated to generate approximately 934 average daily trips with 66 PM peak hour trips. Hardie Ave SW is a collector street with an existing right-of-way width of 60 feet_ As per complete streets, a right of way width of 83 feet is required on Hardie Ave SW which would require a dedication of approximately 11.5 feet. However, the applicant has submitted a street modification request in order to eliminate the need for dedication. There is no need for a parking lane on Hardie Ave SW and the existing curb could continue to be used. Therefore, the requested modification is likely to approved as part of the Site Plan Review. The required right-of-way dedication on Hardie Ave SW is likely to be modified to a dedication sufficient to provide a 0.5 foot wide curb, 8-foot wide landscaped planter, and an 8-foot wide sidewalk behind the planter. In order to mitigate transportation impacts the applicant would be required to pay an appropriate Transportation Impact Fee. The transportation impact fee that is current at the time of building permit application will be levied. The applicant submitted for a building permit in December of 2013. The transportation impact fee is due at the time of issuance of the building permit. Mitigation Measures: No further mitigation recommended. Nexus: N/A E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers_ Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." f Copies of all Review Comments are contained in the Official File and may be attached to this report. Environmental determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM, February 14, 2014. ERC Report City of Renton Department of Commu & Economic Development vironmental Review Committee Report REIVTON CENTER SENIOR LIVING LUA13-001726, SA-H, ECI; MOD Report of January 27, 2014 — — Page 6 of 7 Renton Municipal Code Section 4-8-110.13 governs appeals to the nearing Examiner. Appeals must be filed in writing at the City Clerk's office along with the required fee. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, 1055 S. Grady Way, Renton WA 98057. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: L RMC section 4--4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at anytime if complaints are received_ 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days_ Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3_ Commercial, multi -family, new single --family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m_, Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a-m. and eight o'clock (8.00) p-m_ No work shall be permitted on Sundays. Water 1_ The subject development is within the city of Renton water service area. 2. There is existing 12" diameter water main on the frontage of Hardie Way. 3. The project proposes the extension of 12" diameter water main through the site to connect with existing water main located within the site- A 15' wide utility easement is proposed to be given to the City. 4. The project proposes the removal of existing water main located towards the south of the site. The removal of this water main should take place only after the completion and operation of new relocation of water main. A partial release of easement for the portion of water main under the proposed building is required. 5. The utility construction plan will have to show the verified information that the 4" water meter vault (5' x T) will fit in the sidewalk area. Or, the water meter vault will have to be moved to the planter / parking stall location. 6. Fire hydrants as required by the fire department must be provided by the project. 7. The development is subject to applicable water system development charges (SDC) and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current rate of SDC fee for Y' domestic meter is $2309.00. 8. Civil plans for the water main improvements and for the relocation of the existing water main will be required and must be prepared by a registered professional engineer in the State of Washington. Sewer. 1. Sewer service is provided by the City of Renton. 2. The project proposes to connect to the existing 10" diameter sewer line (S2165) located to the north of the site. 3. The project elements do not include a common kitchen for the residential portion and the commercial space is not planned to have a kitchen, therefore a grease interceptor is not proposed. 4. System development fee for sewer is based on the size of the new domestic water to serve the proposed project_ The current rate for 1" meter is $2033.00. S. The plans did not include the existing 8" diameter sewer line (S0242) and the existing easement located towards the south of the site. The building will have to be resized and/or relocated to not encroach on City utilities and easements. Please confirm the sewer line in the survey and provide the information. This can be reviewed with the utility construction permit. 6. There may be separation conflict of the existing sewer line (S0242) located in the south side of the property and the proposed storm line_ Adequate horizontal and separation must be provided between utility lines. Surface Water: 1. Surface water system development fee for stormwater is applicable_ The current rate is $ 0.491 per square feet of ERC Report City of Renton Department of Commu & Economic Development RENTON CENTER SENIOR LIVING Report of January 27, 2014 F vironmentalReview CommitfeeReport LUA23-003726, SA-N, ECF, MOD Page 7 of 7 impervious surface, with a minimum of $1228.00, 2. A Construction 5tormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A 5tormwater Pollution Prevention Plan (SWPPP) is required for this site. Transportation: 1. The primary access has been proposed via the parking lot of the adjacent Fred Meyer parking lot. Copy of the access easement has to be provided to the City. 2. A traffic impact study prepared by Gibson Traffic was submitted to the City. The report incorrectly mentions a 5,430 square feet of commercial space. The engineer has mentioned that the correction to the proposed 7, 591 square feet of commercial space will cause an increase in 5 PM peak hour trips_ This increase in the number of PM peak hour trips is not expected to have a significant impact on the level of service study results that were included in the submitted traffic impact study. A corrected traffic impact study can be submitted to the City during the utility construction permit stage. 3. All electrical, phone, and cable services and lines serving the proposed development must be underground_ The construction of these franchise utilities must be inspected and approved by a City of Renton inspector prior to recording the plat_ 4. Traffic Impact Fees —The transportation impact fee s applicable on new multifamily development based on the applicable fee at the time of building permit application and payment is due at the time of issuance of the building permit. Fire: 1_ Fire impact fees are applicable at the rate of $388.00 per multi -family unit and $0.52 per square foot of commercial space_ This fee is paid at time of building permit issuance, 2. The preliminary fire flow is 4,250 gpm_ A minimum of five fire hydrants are required. One within 150-feet and four within 300-feet of the building. One hydrant is required within 50-feet of the fire department connection. An existing water main is within the footprint of the proposed building. It appears fire flow is available at the minimum rate of 5,000 gpm. A minimum of a 12-inch looped fire main is required around the building_ Existing hydrants may be counted towards the requirements as long as they meet current codes and distance requirements, including 5-inch storz fittings. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150-feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet wide_ Roadways shall support a minimum of a 30-tan vehicle and 322-psi point loading. 5. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84^inch stretcher_ 6. The building shall comply with the City of Renton Emergency Radio Coverage ordinance_ Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. General : 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two horizontal and vertical controls per the CiWs current horizontal and vertical control network. 3. Permit application must include an itemized cost estimate for these improvements. Ralf of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. ERC Report 9 G It k iri r �i t - l I 1 Fl I... � r A•. - -r_ r . •`�• iiin• i •iiiia u ■� m R I m 2nOS [1ma Am A�tzie�l+m Sid y yy ImN m 71 m G1P�C 2 m CD m mm mxLL�w yc�ii pp arc$ _ � _W € r D qjO� Cn Z pm 6 -nv T -_ x 1= W AT o -Un FW p o m m rn z C4 rn a �Y5 3 CQ Fa ■� m Erb 'y w A � V] _ ^� a > rn n z 11INH o ME ME ME ME a E P't 'a 1 J ^r. n 4 zi- ................... Technical Information Report Renton Center Senior Living 625 Renton. Center Way Renton, Washington CG Engineering Project No. 13133.20 December 21, 2013 Rr-r--r 4= - CM0111 ENGINEERING EXHIBIT 5 250 4'� Avenue S, Suite 200 Edmonds, WA 98020 Office: 425.778-8500 Fax: 425.778.5536 GEOTECHNICAL ENGINEERING REPORT i PROPOSED RENTON SENIOR LIVING PROJECT 325 RAINER AVENUE SOUTH RENTON, WASHINGTON Project No. 1187.01 December 11, 2013 Prepared for: Canddle Development Prepared by: ZGA Zipper Geo Associates, LLQ Geotechnical and Environmental Consultants 19023 36th Avenue W., Suite D Lynnwood, WA 9803 EXHIBIT 6 n EXHIBIT 7 GTC #13-115 City of Renton Department of Community & Economic Dev�,opment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET n REVIEWING DEPARTMENT: COMMUNITY SERVICES COMMENTS DUE: JANUARY 23, 201499 APPLICATION NO: LUA13-001762 DATE CIRCULATED: JANUARY 9, 2014 Z Z APPLICANT: Chris Santoro PROJECT MANAGER: Rocale Timmons PROJECT TITLE: Renton Center Senior Living PROJECT REVIEWER: Rohini Nair rn rn Q SITE AREA: 160,070 square feet EXISTING BLDG AREA (gross): Zi '= LOCATION: 625 Renton Center Way S. PROPOSED BLDG AREA (gross) vi SUMMARY OF PROPOSAL_ The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of 5 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement for street parking on Hardie aVe SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Earth Air Water Plonts Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Element of the Environment Probable Minor impacts Probable Major Impacts More information Necessary Housing Aesthetics Light/Glare Recreation Utilities Trans ortotion Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet �/ - / ' / .G �•C �C 1 t Lam% / 6' 70 ,l1.POLICY-RELATED LICY-R` all COMMENTS D CG rl "_ La � � ^� �-� {� �(� �� 6.e_ � ��� w 4 � r►�4rti;�►�L�.�. 5-{�c�--14�.�.s r��,w>L, o� p�� AdA d s s (o c« �ar,�-� �r►,[S�aAwNmAGald'�. We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional inforMatio6is. eeded to properly assess this proposal. Signature of Director or Authorized Represe Date 11� EE ... {E, f�: dd €u�5 � .E££ .< ......,..._........E3... ..�. .........,,..a?a.,,€ se _.. ... ...lE...EtEE .<i.—. ,._..�.............�..E&.€€..€€ E ,.:[:'::^f:.::• ._X".....{,P.€:Ktj ..<..,.....«...... .�FE €[ .[ <........... .«.......,t .e........."..........�..F 9............. .... .�x:.. .s.,.....E�§� i fE<�.F....."^:'^.,...'.�z�:E _. .�_.........,f .. °S � E[,[� ^.t-.....".s_ :.�-E � ��i:Fde�: �QEPARTIUIENIT a[F{[�( 1111ML 7Y s EC©�IC3f11If EIJIaLC)Pa111EA1 �Et +11NG tlllSiQl11 41,§ E IFI~Lt?1WT�1F5�i11GE BYfMAfLINGE �f:€E I € €€iEli% On the 9`r' day of January, 2014, 1 deposited in the mails of the United States, a sealed envelope containing Notice of Acceptance documents. This information was sent to: ... ... E ..::.::::::::':' gw _sueF E ';- FEE €.... E :,.., r■■,��Y - .r - .. .... _. _.. � _,. ... s^..c ..... ..,, v��.,�i� Charles Morgan, Charles Morgan and Associates Contact RSD #403, John Knutson Owner Chris Santoro Applicant See attached 300' surrounding property owners (Signature of Sender): STATE OF WASHINGTON SS % 1 I I COUNTY OF KING ) �."��p0 ,�''E 1 certify that I know or have satisfactory evidence that Lisa M. McElrea ,II signed this instrument and acknowledged it to be his/her/their free and voluntary act for t usee and p as mentioned in the instrument. Dated: �� ry Notar lic in and for the State of Washington Notary (Print): My appointment expires: c,�S ;z9� ':�- OI 72 Renton Center Senior Living LUA13-001726, ECF, SA-H, MOD 1823059069 CARS-DB4 LP 8270 GREENSBORO DR #950 MCLEAN, VA 22102 1823059215 FRED MEYER STORES INC C/O NICKEL & COMPANY 1014 VINE ST#7TH FLOOR CINCINNATI, OH 45202 1823059038 OB RENTON PROPERTIES LLC AT PO BOX 726 BELLEVUE, WA 98009 1823059218 FRED MEYER STORES INC PO BOX 35547 TULSA, OK 74153 1823059169 JACK IN THE BOX C/O EPROPERTY TAX DEPT 401 PO BOX 4900 SCOTTSDALE, AZ 85261 1823059052 BNSF PO BOX 961089 FORT WORTH, TX 76161 1823059053 BEL RENTON HOLDINGS LLC 2 INTERNATIONAL PL BOSTON, MA 2110 1823059219 MT DEVELOPMENT CO LLC MICHAELIS DAVIS & BETTY 710 CARDLEY AVE #B MEDFORD, OR 97504 1823059189 CAPELOUTO LEON S PO BOX 16719 SEATTLE, WA 98116 1823059157 SOUTH LAKE VETERNARY VENTUR 504 RENTON CENTER WAY SW SUITE 3 RENTON, WA 98057 1823059168 MAZZARELLA I LLC 5015 15TH AVE NW SEATTLE, WA 98107 L� "i?yOft NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON - SIGNIFICANCE -MITIGATED (DNS-M) A Master ApPllcatlon has been filed and accepted with the oepartmen[ of Community s Economic Development {cEor - Planning Division afthe city of Renton. The following briefly describes the application and the necessary Puhilc Appr000l, DATE OF NOTICE OF A➢PLK Mfl: January 9, 1014 LAND USE NUMBER: LUA13.001726, LCf, SA-H, MOO PROJECT NAME: Reserve at Renton Senior LHing PROTECT DESCRIPTION: The ipplkanl Is regaesiirrg Hearing Examiner Site Plan Review, (bvimnmental (SEPAI, and a modification for the constrvchon or a 5-story mixed-ux WWII; containing 211 senior Irving apartment units and 7,591 square feet of commercial sT— The mined -use ttructn. would have an average height or 52 feet and 11 inches. The vacant 3.67 acre site Is Witted within the Combi l Arterial ICA) caning designation on the east side of Hurdle Ave SW at the BNSF railway, just north of 5 7th St. Primary vehicular ii to the site would be provided tram curb cuts alang Ralnler Ave 5, through the Fred Myer parking area to the will of the proposed structure, Secondary guess would be provided from an existing curb cut along Hardie Ave SW. A street modification, firm RMC 4-6-060, is belno requested In order m elimil the requirement for street parking on Hardie vil 5 W. A total of IV Parking spaces would be proIn a surface parking lot to the west of the structure. There appear to he rw critical areas Wcaled on vided site. PROJELT LOCATION: 625 Renton Center Way SW OPTIONAL DETERMINATION OF NON•51GMFICANCE, MITIGATED IONS -FA): As the Lead Agency. the City of Renton has determined that significant environmental impacts are unlikely to resell from the proposed projen. Therefore, IF permitted under the Il 43.1LC.110, the City of Renton Is using the Optional bNSM process to give notice that a Dial M Is kkrhf to be issued. Comment periods for the project and the proposed ON5-M are integrated into a single comment period. There will be rw oomment period tolWwing the issuance or the Threshold Oetermination e1 Non-Slgnificance. MiOgated(QNS-Mi. A14Eay appeal period wig fafluvr the Issuance Gf the ONS-M. PERMIT APPLICATION DATE: 0ecemt r 13, 2013 NOTICE OF COMPLETE APPLICATION: January 4, 2014 APPUCANT/PROJECr CONTACT PERSON: Charles Morgan/ Charles Morgan and Asso1rtwl EML Infe�wctrearchi 17101 level Lane, Everett, WA 911 ➢ermitsJAerlew Requested: Envlronmerlai ISE➢A) Review, HEX Reylew Other sh,ha whl,h m•y be required: Conctrucdon, Hulding, Fire, Sign Requested SNdt— DrainageReport, Geetechnlcal Reporq Traffic Study Location where application may be reelesead: Department of Community is Ecorwmic Development(CEO) - Planning Dlrlsfory Stith Floor Renton city Hall, 1055 South Gndy Way, tighten, WA 93057 PUBLIC HEARING: li h ri I nlaitinly xhiedul,ijf r 4 f n Hear, tliAminer In m • at 11:ODAM on the 7th Floor of Renton City Hap hici ted at 1055 South Grady Way. try., would Ilk, to be made it party of record Io receive further Information on this proposed project. complete this farm and return to: City of Renton, CED - Plinnil Omnon, 1055 So. Grady Way, Renton, WA 98057. Name7File No.: Reserve at Renton Senior LiOnjifL0413-01i ECF, SA-H, MOD NAME' MAILING AODRE! TELEPHONE Ni City/Statill Envtranmental Dooumer Evaluate the Proposetl Environmental {SFPAI Checklist Development Perri ra Used For Project Mitigation: The pralect will be subject to the City', SEPA ordinance. RMC 4-2-1294 and tither appficehle codes and Ygulations as appropriate_ Propofed Mlbgatlan Measures: The Fallowing Mitigation Measures will, ilkely be Imposed on the proposed pralect, These recommended Mligatbn Measures address project Impacts not covered by existing codes and regulations as cited abo+e. • The pcph—r wilt de required to submit on Grrhnecloill survey Chat canfMms m the W-ireni and stondords of the Wo hinglon Stone ONca f Archaeology pod Hfsronc Prtfarvni Comments on the obeve appiluHon mule be submitted In writing to Rocale Timmons, Senior Planner, CED - Planning olosion, 1d55 South Grady way, Renton, WA 99057, by 5iou PM an Jol 21, 2014. Thin .her 1. alga bmtailvely wFun uled for a pi hearing on February 70, 7014, at 11:00AM, Council Chambers, Seventh FIG01. Renton City gall, lOS5 South Gratly Wey, Renton. It you interested io a cending the hearing, please contact the Planning Division m re that the hearing has not been rescheduled at (4251410,7262. IF comments cannot be submitted in writing by the date indicated shove, you may still appear at the hearing and present your comments on the proposal berore the Hearing Examiner. If you hake quesilons about this proposal, or wish to be made a party of record and re additional Information by mall, please contact the project manager Anyone Who submits written comments will avtomil lM become a party of record and will be notified of any decision on this projert- CONTACT PERSON: Rocale Tjrvmnnsr Senior Planner; Tel: {425) 430-7219; 1 Ftir intionsOrgirI PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIMCATION CERTIFICATION sat' Pr OF .b. URNE• 4,}fi: I��on* REINTON. AHFAf3 OFTHEC �epostei hereby certify that copies of the above document .w conspicuous places or nearby the desc . d property on Date: Signed: STATE OF LSNII'll N SS COUNTY OF KING I certify that I know or have satisfactory evidence that _ . K clIi / ten-n- —i signed this instrument and acknowledged it to be his/her/their free and voluntary uses and purposes mentioned in the instrument. Dated: k Notary Rubli in and for the State of Washington Notary (Print): My appointment expires: Denis Law CityO �� Mayor� Department of Community and Economic Development January 9, 2014 C.E."Chip"Vincent, Administrator Charles Morgan Charles Morgan and Associates 7301 Beverly Lane Everett, WA. 95203 Subject: Notice of Complete Application Renton Center Senior Living, LUA13-001726, ECF, 5AA MOD Dear Mr. Morgans: The Planning division of the City of Renton has determined that the subject.application is complete according to submittal requirements and, therefore, is accepted.for review. It is tentatively scheduled for consideration by the Environmental Review Committee on January 27, 2014. Prior to that review, you will be notified if any -additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Fearing on February 20, 2014 at 11:00AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to. the scheduled hearing. Please contact me at (425) 430-7219 if you have any questions. Sincerely,.: Roc Timmons Senior Planner cc: R5D#403 c/o John Knutson J owner(s) Chris Santoro / Applicant Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 • rentonwa.gov jj City of , r A NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON - SIGNIFICANCE -MITIGATED (DNS-M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: January 9, 2014 LAND USE NUMBER: LUA13-001726, ECF, SA-H, MOD PROJECT NAME: Reserve at Renton Senior living PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Environmental (SEPA), and a modification for the construction of a 5-story mixed -use building containing 219 senior living apartment units and 7,591 square feet of commercial space. The mixed -use structure would have an average height of 52 feet and 11 inches. The vacant 3.67 acre site is located within the Commercial Arterial (CA) zoning designation on the east side of Hardie Ave SW at the BNSF railway, just north of S 7th St. Primary vehicular access to the site would be provided from curb cuts along Rainier Ave S, through the Fred Meyer parking area to the west of the proposed structure. Secondary access would be provided from an existing curb cut along Hardie Ave SW. A street modification, from RMC 4-6-060, is being requested in order to eliminate the requirement far street parking on Hardie aVe SW. A total of 132 parking spaces would be provided in a surface parking lot to the west of the structure. There appear to be no critical areas located on site. PROJECT LOCATION: 625 Renton Center Way SW OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS•M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non -Significance - Mitigated (DNS-M). A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: December 23, 2013 NOTICE OF COMPLETE APPLICATION: January 9, 2014 APPLICANT/PROJECT CONTACT PERSON: Charles Morgan / Charles Morgan and Associates / EML: info@cmaarch.com 17301 Beverly Lane, Everett, WA 98203 Permits/Review Requested: Environmental (SEPA) Review, HEX Review Other Permits which may be requ€red: Construction, Building, Fire, Sign Requested Studies: Drainage Report, Geotechnlcal Report, Traffic Study Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: Public hearing is tentatively scheduled for February 20, 2014 before the Renton Hearing Examiner in Renton Council Chambers at 11:00AM on the 7th floor of Renton City Hall located at 1055 South Grady Way. If you would like to be made a party of record to receive further information on this proposed project, compiete this form and return to: City of Renton, CED — Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Reserve at Renton Senior Living/LUA13-001726, ECF, SA-H, MOD NAME: MAILING ADDRESS: City/State/Zip: TELEPHONE NO.: Environmental Documents that Evaluate the Proposed Project: Environmental jSEPAj Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-2-120A and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • The applicant w0l be required to submit on archaeological survey that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation. Comments on the above application must be submitted in writing to Rocale Timmons, Senior Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on January 23, 2014, This matter is also tentatively scheduled for a public hearing on February 20, 2014, at 11:00AM, Council Chambers, Seventh Floor, Renton City Hall, 1955 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at (425) 430-7282. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments an the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Rocale Timmons, Senior Planner; Tel: (425) 430-7219; Emi: rtimmons@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) Renton School District #403 NAME: Attn: John Knutson ADDRESS: 300 SW 7" Street CITY. Renton, WA ZIP: 98057 TELEPHONE NUMBER: 425-204-2387 APPLICANT (if other than owner) NAME: Chris Santoro COMPANY (if applicable): Vintage/ Canddle ADDRESS: 3424 Via Oporto, Suite 201 CITY: Newport Beach, CA Zip: 92663 TELEPHONE NUMBER: 949-715-7099 CONTACT PERSON NAME: Charles Morgan COMPANY (if applicable): Charles Morgan & Associates ADDRESS: 7301 Beverly Lane CITY: Everett, WA ZIP: 98203 TELEPHONE NUMBER AND EMAIL ADDRESS: 425-353-2888 barb@cmaarch.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Renton Center Senior Living PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE: 625 Renton Center Way Renton, WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 182305-9238-03 EXISTING LAND USE(S): Vacant PROPOSED LAND USE(S): 219 Senior Apartments and commercial EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CC PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: CA PROPOSED ZONING (if applicable): SITE AREA (in square feet): 160070 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: N/A SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: N/A per agreement between property owners PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 59.7 units per acre NUMBER OF PROPOSED LOTS (if applicable) NUMBER OF NEW DWELLING UNITS (if applicabla): 219 Units C:%Usersljohn.knutsonlAppDatalLocalWicrosofl�Winduwsl7'etnporary Intemet Fi &Content 0utinok\D7_1D2PNZMasterapp Dec 4 2913.doc PROJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): None SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 168073 square feet SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): None SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 7591 square feet SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): None NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 7591 square feet NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 12 [ON continued PROJECT VALUE: $16,150,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. * WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY on separate sheet with the following information SITUATE IN THE QUARTER OF SECTION 18, TOWNSHIP 23 N, RANGE 5 E, 1N THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP 1, (Print Names) errM —_ , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) th current owner of the property involved in this application or /the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative STATE OF WASHINGTON ) �7—_%/' /S Date Signature of Owner/Representative Date ) SS COUNTY OF KING ) certify that I know or have satisfactory evidence that i�/% signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. /d ray z) Dated Notary Public in and for the State f Washington Notary (Print): C/ 0 Notary Publlc State of YMrrshington SANDRA M ODLPtt My appointment expires: l� My Appolydment Explrea Nov 27, 2017 r-AT � K ;, h., LrMt..,t n , n . c VI'emuorary Intemet Filcs\Contcnt.OutlookOZID2PN21masterapp Dec 4 2413.doc - 2 - 0� Weonnton SCHOOL DISTRICT RENTON SCHOOL DISTRICT 403 Board of Directors December 19, 2013 Rocale Timmons, Senior Planner City of Renton 1055 S. Grady Way Renton, Washington 98057 RE. Renton Center Senior Living Dear Ms. Timmons, As President of the Renton School District Board of Directors, I hereby confirm that the Renton School Board has authorized Dr. Merri Rieger in her capacity as Superintendent of the Renton School District to sign and execute any contracts and/or documents necessary to carry out the board's intent to sell the real estate located at 625 Renton Center Way to Canddle Development for residential development. r Lynn Yesmarziis, President Date Board of Directors, Renton School District State of Washington ss. County of icing ------------ Notary PubUc sto 41 WEtMNl N SANDRA M DOLPH My AppolnWMel EVIM Nat 27. 2017 (Place Notary Seal Above) I cA-rtify that I know of or have satisfactory evidence that: 6 r,; (name of signer) who ppeared before me and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. Dated: 1-29 /3 (month/daylyear) Signature of Notarizing Officer: Title (such as "Notary Public"): / �- My appointment expires: Alall / (Month/DayNear) Launching Learning to Last a Lifetime 300 Southwest 7th Street, Renton, Washington 9,9057-23071 p.425.204.2340 J f.425.204.2456 www. rentonschoO►s. us REN TON Legal Description: PARCEL D OF CITY OF RENTON, LOT LINE ADJUSTMENT NO. LUA-99-017-LLA, ACCORDING TO SURVEY RECORDED APRIL 6, 1999 IN VOLUME 128 OF SURVEYS AT PAGE 275, 275A, 275B AND 275C UNDER RECORDING NO. 9904069001, IN KING COUNTY, WASHINGTON; BEING A PORTION OF HENRY H, TOBIN DONATION LAND CLAIM NUMBER 37, AND OF GOVERNMENT LOT 11, 13 AND 16 OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, AND OF TRACT 1, 2, 3 AND 4 OF SUPPLEMANTAL MAP OF RENTON SHORE LANDS, ACCORDING TO THE MAPS ON FILE IN THE OFFICE OF THE COMMISIONER OF PUBLIC LANDS, IN OLYMPIA, WASHINGTON. PREAPPLICATION MEETING FOR Reserve at Renton PRE 13-000473 CITY OF RENTON Department of Community & Economic Development Planning Division May 9, 2013 Contact Information: Planner: Rocale Timmons, 425.430.7219 Public Works Plan Reviewer: Rohini Nair, 425.430.7298 Fire Prevention Reviewer: Corey Thomas, 425.430.7024 Building Department Reviewer: Craig Burnell, 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre -application meeting is informal and non -binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). FIRE & EMERGENCY SERVICES DEPARTMENT f. City oF: {. M E M O R A N D U M DATE: May 9, 2013 TO: Rocale Timmons, Senior Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Reserve at Renton PRE13-000473 1. The preliminary fire flow is 4,500 gpm. A minimum of five fire hydrants are required. One within 150-feet and four within 300-feet of the building. One hydrant is required within 50- feet of the fire department connection. An existing water main is within the footprint of the proposed building. It appears fire flow is available at the minimum rate of 5,000 gpm. A minimum of a 12-inch looped fire main is required around the building. Existing hydrants may be counted towards the requirements as long as they meet current codes and distance requirements, including 5-inch storz fittings. 2. Fire impact fees are applicable at the rate of $388.00 per multi -family unit and $0.52 per square foot of commercial space. This fee is paid at time of building permit issuance. These rates jump to $418.42 and $0.54 as of January 1st, 2014. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150-feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25- feet inside and 45-Meet outside. Roadways shall be a minimum of 20-feet wide. Roadways shall support a minimum of a 30-ton vehicle and 322-psi point loading. 5. An electronic site plan is required prior to occupancy for pre -fire planning purposes. 6. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84-inch stretcher. 7. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. DEPARTMENT OF COMMUNITY ity0f AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE. May 7, 2013 TO: Rocale Timmons, Planner FROM: Rohini Nair, Plan Reviewer SUBJECT: Reserve at Renton (Senior Center) 625 Renton Center Way PRE 13-000473 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision -makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above -referenced proposal. The following comments are based on the pre -application submittal made to the City of Renton by the applicant. WATER 1. The preliminary fire flow demand for the development as determined by the Fire Prevention Department is 4,500 gallons per minute (gpm) including the use of an automatic fire sprinkler system. 2. The project is within the City's water service area in the Downtown 196 hydraulic pressure zone. There is an existing 12-inch water main in Hardie Ave 5W and an existing 12-inch water main within a 15-foot easement along the south portion of the property that can deliver 5,000 gpm. The static water pressure is about 70 psi at ground elevation of 26 feet. 3. The proposed development will encroach over the existing 12-inch City water main (refer to attached City water project plan no. W-2165) located within a 15-foot wide easement along the south portion of the property. 4. The applicant shall either reduce the footprint of the building to avoid the existing water line and easement or provide an alternate location acceptable to the City for the relocation of the water main. A 15-foot wide easement will be required for the relocated water line and there must be adequate horizontal and vertical separation provided between the proposed relocated water line and other utilities as required by City design standards. The abandonment of the existing fire hydrants along with the installation of the new hydrants must be approved by the City Water Utility and the Fire Prevention Departments. 5. Additional hydrants may be required depending on the final fire flow demand. Final number and location of the hydrants shall be determined by Renton Fire Prevention Department. Reserve at Renton (Senior Center) — rRE 13-000473 Page 2 of 3 May 7, 2013 6. installation of backflow prevention assemblies (DDCVA's) is required in vaults for the fire sprinkler system. The DDCVA shall be located outside of the buildings. Proposed location of DDCVA inside the building must be submitted to the City for approval and shall meet the conditions of the City standard plan no. 360.5. 7. Installation of a domestic water meter for the dwelling units and a separate water meter for the retail portion of the development is required. 8. Installation of a reduce pressure backflow prevention assemblies (RBPA's) is required for the domestic water meters in above ground and heated enclosures ("hot -box"). 9. installation of a separate landscape irrigation meter and double check valve assembly is required. 10. The development is subject to applicable water system development charges and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. 11. Civil plans for the water main improvements and for the relocation of the existing water main will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. The preferred sewer connection is to the existing sewer line located to the north of the site. Another option is connect to the existing sewer line located near the south property line of the site. 2. System development fee for sewer is based on the size of the new domestic water to serve the proposed project. Sewer fee for a %-inch or 1-inch meter install is $1,812,00. 3. Plans will need to be seen to determine the need for a grease interceptor or trap. if there are cooking facilities for the common area, then they may need a grease interceptor or trap. Storm 1. A drainage report complying with the City adopted 2009 King County Surface Water Manual and City Amendments will be required. Based on the City's flow control map, this site falls within the Peak Rate Flow Control Standard (Existing Site Conditions). Refer to Figure 1.1.2.A — Flow chart for determining the type of drainage review required in the City of Renton 2009 Surface Water Design Manual Amendment. 2. A geotechnical report for the site is required. Information on the water table and soil permeability with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnical engineer shall be submitted with the application. 3. Surface water system development fee is $0.448 per square foot of new impervious surface area, but not less than $1,120.00. H:\CED\Planning\Current Plan ning\PREAPPS\13-000473.Roca le\Plan Review Comments PRE13-000473.doc Reserve at Renton (Senior Center) — r AE 13-000473 Page 3 of 3 May 7, 2013 Transportation 1. The project proposes the development of a 237 unit senior apartment building. Payment of transportation impact fee is applicable on the construction of the building at the time of issuance of the building permit. The current rate of transportation impact fee is $278.2S per dwelling for senior housing- attached. The impact fee will increase yearly. The transportation impact fee that is current at the time of building permit application will be applicable. Credit will be given to the demolition and rebuild of the existing house. 2. Street lighting analysis is to be done by the developer to determine the need for additional street lights and the required street lighting is to be provided by the developer. 3. Sites that generate 20 vehicle trips per hour are required to provide a traffic analysis at site plan application. The analysis shall include a discussion on traffic circulation to and from the site and onsite traffic circulation. The study shall include trip generation and trip distribution for the project for both AM and PM peak hours. Traffic analysis guidelines are attached. 4. The site gains access to the public street system via a joint use driveway from Hardie Ave SW. Access easement must be obtained from the adjacent property owner (if the easement is not already in present). Hardie Ave SW is a Collector street. The existing right of way width along Hardie Ave SW is 60 feet. The RMC 4-6-060 Street Standards include a minimum of 83 feet right of way width for a Collector street. The street standards include an 8 feet wide landscaped planter behind the curb, and an 8 feet wide sidewalk behind the planter. The street standards also include a bicycle facility and an 8 feet wide parking lane on both sides of a collector street. Frontage improvements are required to be constructed by the developer. Right of way dedication is applicable on the project. The right of way dedication as per the City complete street s is approximately 11.5 feet (subject to final survey). Information from Transportation section mentions that there is no need for the parking lane on Hardie Ave SW in the frontage and that the existing curb line on Hardie Ave SW can be continued to be used. A request for the review of modification of street standards may be submitted by the developer to reduce the required right of way dedication. The required right of way dedication will be determined after the review of the modification of street standards. General Comments 1. All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2. When utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. H:\CED\Planning\Current Planning\PREAPPS\13-000473.Rvcale\Plan Review Comments PRE13-000473.doc DEPARTMENT OF City of COMMUNITY AND ECONOMIC � cu ,5) DEVELOPMENT M E M O R A N D U M DATE: May 9, 2013 TO: Pre -Application File No. 13-000473 FROM: Rocale Timmons, Senior Planner SUBJECT: Reserve at Renton 625 Renton Center Way General: We have completed a preliminary review of the pre -application for the above - referenced development proposal. The following comments on development and permitting issues are based on the pre -application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Servites Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hail or online at www.ri2ntonwa.gov Project Proposal: The subject property consists of one parcel located east side of Hardie Ave SW just north of the BNSF Railway. The project site totals 3.67 acres in area and is zoned Commercial Arterial (CA). The proposal is to develop the site with 237 senior housing apartment units. Parking is provided via a surface parking lot along the eastern portion of the site. Primary access to the site appears would be gained from Rainier Ave S via access easements through abutting properties. There appear to be no critical areas located on site. Current Use: Currently the site is vacant. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Residential Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). Zoning: The property is located within the Commercial Corridor (CC) land use designation and the Commercial Arterial (CA) zoning designation. Attached residential units are only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of 30 feet in depth along any street frontage. Residential uses shall not be located on the ground floor, except for a residential entry feature linking the residential portion of the development to the street. The proposal does not include commercial space. i:\rtimmons\preapps\13-000473 (ca senior housing).doc Reserve at Renton Page 2 of 5 May 9, 2013 The applicant is strongly encouraged to incorporate a commercial element into the proposal. if the applicant is able to demonstrate that commercial is not feasible the applicant mov be able to utilize a residential social room and fitness center in place of a commercial use along the ground floor with an approved PUD. Staff may be supportive of attached residential units in this instance if separate public entrances were to be created for these uses on the ground floor in order to preserve the option for commercial use in the future. Residential uses shall not be located on the ground floor, except for a residential entryfeature linking the residential portion of the development to the street The property is also located within Urban Design District V, and therefore subject to additional design elements. Proposals should have unique, identifiable design treatment in terms of landscaping, building design, signage and street furniture. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). Densit — The minimum density permitted in the CA zoning designation is 10 units/net acre and the maximum density is 60 units/net acre for buildings with mixed commercial and residential use in the same building_ The applicant did not indicate the amount of area within access easements and potential right-of-way dedications; therefore the net density could not be calculated. The proposal for 237 units on the 3.67 acre site arrives at a gross density of 64.57 du/ac (237 units / 3.67 acres = 64.57 du/ac). The proposal does not comply with the density allowances of the zone. The City does not have any provisions for density bonuses in this zone. The project would be required to reduce the number of units to fall within the density range of the zone. Additionally, if the proposed structure contains more than 100 units the proposal would be required to obtain Hearing Examiner Site Plan approval. Minimum Lot Size, Width and Depth —There are no minimum requirements lot width or depth within the CA zone. However, the minimum lot size in the CA zone is 5,000 square feet. It does not appea hat the proposal would be able to satisfy the minimum lot size requirements of the CA zon every unit is located on its own lot. The applicant is not proposing to alter any lot lines as part of the project. Lot Coverage — The CA zone allows a maximum building coverage of 65 percent, or 75 percent if parking is provided within a building or within an on -site parking garage. The applicant did not provide calculations for the footprint of all structures on site, therefore staff could not confirm compliance with the lot coverage requirements of the zone. The applicant would be required, at the time of formal land use application, to provide a lot coverage analysis. Setbacks — Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: 10 feet minimum for the front yard but may be reduced to zero feet through the Site Plan Review process provided blank walls are not located within the reduced setback; a 15 foot maximum front yard setback; and no rear or side yard setbacks unless the property abuts a residential zoned property. The proposal appears to comply with the setback requirements of the zone. Gross Floor Area —There is no minimum requirements for gross floor area within the CA zone, i:\rtimrnons\preapps\13-000473 (ca senior housing).doc Reserve at Renton Page 3 of 5 May 9, 2013 Building Height — The maximum building height that would be allowed in the CA zone is 50 feet and 60 feet for mixed use structures. It appears the proposal would meet the height requirements of the zone. if the proposed structure is four stories in height or above the proposal would be required to obtain Nearing Examiner Site Plan approval. Screening — Screening must be provided for all surface -mounted and roof top utility and mechanical equipment. The site plan application will need to include elevations and details for the proposed methods of screening. Refuse and Recycling Areas-- Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). For multi -family developments a minimum of 1 %: square feet per dwelling unit is required for recyclable deposit areas and a minimum of 3 square feet per dwelling unit is required for refuse deposit areas. Landscaping — All portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought -resistant vegetative cover. The minimum on -site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. Please refer to landscape regulations (RMC 4-4-070) for additional general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-120D.12, shall be submitted at the time of application for Site Flan Review. Tree Preservation — A tree inventory and a tree retention plan along with a tree retention worksheet shall be provided with the formal land use application. The tree retention plan must show preservation of at least 10 percent (10 %) of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. If the trees cannot be retained, they may be replaced with minimum 2 inch caliper trees at a rate of six to one. Fences — if the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. Parking — The following ratios would be applicable to the site: Use # of units Ratio Required S aces Residential 237 units Min: 1 space / unit Max: 1.75 spaces / unit Min: 237 Max: 415 It appears the applicant is proposing a total of 177 parking stalls which does not fall within the allowable range. Where practical difficulties exist in meeting parking requirements, the applicant may request a modification from these standards. The applicant will be required at the time of formal land use application to provide detailed parking information (i.e. stoll and drive aisle dimensions) and calculations of the subject site and the overall campus use. Staff would be supportive of a modification to reduce the number of stalls provided. Based on the proposal for 237 residential units, 168 bicycle parking stalls are required to be provided. The applicant is encouraged to request a parking modification in order to reduce the number of required bicycle parking stalls. Due to the nature of the proposed project for senior i:\rtimmonslpreapps113-000473 (ca senior housing).doc Reserve at Renton Page 4 of 5 May 9, 2013 housing, staff would be likely to support a reduction in the number of required bicycle parking stalls. (RMC 4-4-080F.10 and RMC 4-4-080F.11) for further general and specific parking requirements. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. Access — Driveway widths are limited by the driveway standards, in RMC 4-40801. Pedestrian Access — A pedestrian connection shall be provided from all public entrances to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting properties. Buildinp Design Standards — Compliance with Urban Design Regulations, District 'D', is required. Seethe attached checklist and Renton Municipal Code section 4-3-100. The following bullets are a few of the standards outlined in the regulations. All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human -scale elements. • Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot. • Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width. • Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. • The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common opens space and/or recreation areas. Amount of common space or recreation area to be provided: at minimum fifty (50) square feet per unit. • All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. • On any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent (50%) of the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.15f): (a) Extended parapets; (b) Feature elements projecting above parapets; i:\rtimmons\preapps`13-000473 (ca senior housing)_doc Reserve at Renton Page 5 of 5 May 9, 2013 (c) Projected cornices; (d) Pitched or sloped roofs. + Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Critical Areas There appears to be no critical areas on site. If there is any indication of critical areas on the site, this must be disclosed to the City prior to development and appropriate studies must be undertaken. Environmental Review Environmental (SEPA) Review is required for projects nine residential units or greater, or on sites that contain critical areas. Therefore SEPA would be required. Permit Requirements The proposed subdivision would require Preliminary Planned Urban Development (PPUD Review), Hearing Examiner Site Plan Review and Environmental (SEPA) Review. All land use permits would be processed within an estimated time frame of 12 weeks. The application fee for SEPA Review (Environmental Checklist) is $1,000 and the Hearing Examiner Site Plan Review Fee is $2,000. A 3% technology fee would also be assessed at the time of land use application. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate construction and building permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction fees, the following impact fees would be required prior to the issuance of building permits: • A Fire Mitigation fee currently assessed at $388.00 per new multi -family unit. • A Transportation Mitigation Fee currently assessed at $435.75 per new multi -family unit. • A Parks Mitigation Fee currently assessed at $354.51 per multi -family unit. • A School District Impact Fee currently assessed at $1,274 per new multi -family unit. Fees will change January 1, 2014. A handout listing all of the City's Development related fees is attached for your review. is\rtimmons`preapps\13-000473 (ca senior housing).doe A R C H I T E C T S C H A R L E S M Q R G A N 7301 BEVERLY LANE EVERETT, WA. 98203 April 17, 2013 Planning Division City of Renton NARRATIVE Enclosed are plans required to have a Pre -application. & ASSOCIATES Phorge (425) 383-2888 Fox (425) 348--8234 E Moil info@cmcarch.com This proposed project is a 237 unit apartment building for independent senior living. It will be a Washington State Tax Credit affordable rental for seniors 55 or older. There is no medical care or assisted living facilities. Canddle Development has done some 2000 units of similar projects through the western states. They presently have projects pending in Marysville, Everett, Tumwater and Puyallup. This site is ideal for this type of project. Independent seniors desire projects that are large enough to be able to furnish social rooms, activity areas, TV/movie centers, swimming pool and spa, snack bar, library, exercise rooms, complete facilities. The site is large enough to allow this type of facility. It is also ideally located with Fred Meyers in the next building which has groceries, clothing, pharmacy, household items. There are also several fast food facilities within easy walking distance. There is good bus transportation. All of these amenities are preferred by independent seniors. Independent senior apartments are a distinct use of their own. They have different needs than conventional family type units. They do not need large apartments, this is the reason they are moving out of the single family housing into smaller units with less upkeep. The average age of the tenants that Canddle Development has for seniors is in their early 70's. These people are looking for facilities that have everything either in the building or within walking distance as they are getting to the point that they do not care to drive. This site is about as good as you can get for this type of apartments. LICENSED: WASHINGTON • CALIFORNIA • IDAHO • UTAH • ARIZONA MONTANA WYOMING • COLORADO • NEBRASKA • NEVADA • INDIANA ILLINOIS • MISSOURI There are several issues that this site has. The Renton Zoning Code does not have a specific zoning for independent senior apartments. The CA zoning allows assisted living, congregate apartments, but for some reason no senior independent or retirement homes. They have to fall under standard apartments that have requirements more than need for senior living. CA zoning allows 60 units per acres for apartments. The site is 3.67 acres allowing 220 units. To encourage projects for affordable living most areas allow a slight increase in density. We would like to do the same. We would like to increase the density to 237. CA zoning also calls for commercial on the ground floor when used as apartments. The front end of the building will be commercial use. This has the rental and administration offices, beauty shop, commercial storage lockers, computer rooms, activities room, exercise room, social areas and a swimming pool. Commercial will not work in the rear of the building. We hope that this can satisfy the code. We want to have a courtyard for public use. The lot is too irregular for good commercial and would not tie in with the residential. The power lines that go through the property force about 1f 3 of the site to be only good for parking. Senior apartments of this type do not need the amount of parking that is required by standard apartments. We have found that 75% parking is more than satisfactory for projects of 150 units or more. There is a percentage of people who do not have cars due to the availability and nearness of shopping, etc., and the close bus system. There is enough parking under the power lines and some under building to satisfy the requirements of the project at 75%. This is a great asset to the project as it means we do not have the high cost of building a large amount of underbuilding parking. We are providing a 26 foot fire lane along the north side of the building next to the commercial building to the north. This will allow a fire lane access for both buildings. Will this be satisfactory? In addition we will provide a public plaza in the open space in the existing parking lot that will benefit our project and the entire project. We hope that our request can be accomplished. Financing is available and this project could proceed immediately if approved. Project Narrative for Renton Center Sensor living Prepared by: Charles Morgan Associates December 9, 2013 PROJECT NARRATIVE PROJECT NAME: Renton Center Senior Living SIZE: 219 Independent Senior Apartments and 7,591 square feet commercial LAND USE PERMITS RQUIRED FOR PROJECT: • SEPA • Building Permit • Civil Permit • MEP Permits • Construction Stormwater General Permit ZONING DESIGNATION: SITE: CA PROPERTY TO NORTH: CA PROPERTY TO WEST. CA PROPERTY TO EAST: CA PROPERTY TO SOUTH: CA CURRENT USE OF SITE: The site is currently vacant. It is partially paved, and the remainder is gravel. SPECIAL SITE FEATURES: The site is generally flat, sloping slightly to the northwest with slopes less than 2%. SOIL TYPE & DRAINAGE CONDITIONS: The soil on the site consists of crushed rock fill underlain by gravelly sand and silty sand. The soil was modeled as outwash for the purpose of the drainage design. PROPOSED USE OF PROPERTY AND SCOPE OF PROPOSED DEVELOPMENT: The site is going to be used to construct a 219 unit independent senior affordable rental in a 5 story building. The front 2 story condition will be for 7,591 square feet of commercial use. ACCESS: The main access will be through the main entrance and parking lot of the Fred Meyer Shopping Center from the east. There will also be a secondary entrance off of Hardie Ave S. W. that comes in from the west adjacent to additional commercial use that is on the south end of the Fred Meyer building on the north side of the project. PROPOSED OFF -SITE IMPROVEMENTS: New sidewalks will be constructed along the property line on Hardie Ave SW. TOTAL ESTIMATED CONSTRUCTION COST AND FAIR MARKET VALUE: $16,150,000 ESTIMATED QUANTITIES FOR FILL OR EXCAVATON: 1430 cubic yards cut, 4080 cubic yards fill, net 2650 cubic yards fill. NUMBER, TYPE AND SIZE OF ANY TREES TO BE REMOVED: There are currently 43 trees over 6 inches in diameter located on the property. 41 will be removed, and 2 will be retained. The site will be landscaped to replace the trees. LAND TO BE DEDICATED TO CITY: Dedication to the right of way will be provided to the back of the new sidewalk. Exact square footage pending the modification request. PROPOSED JOB SHACKS, SALES TRAILERS OR MODEL HOMES: There will be a construction office trailer and several storage trailers that will be on the site during construction of the building, normal with any large construction project. PROPOSED MODIFICATIONS REQUESTED: A modification request has been submitted for a modification to the sidewalk dedication on the west side of the property. PROJECTS THAT WILL HAVE AN OBSTRUCTED VIEW: There is a large apartment project across Hardie Ave to the west that will have some blockage of view to the east although the 2 buildings that are involved have units that fact to the north and south with very little exposure to the project to the east. 4 PLANNING DIVISION DESIGN DISTRICT "D" CHECKLIST City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 Ensure compliance with design review regulations located in the Renton Municipal Code in order to: a. Maintain and protect property values; b. Enhance the general appearance of the City; c. Encourage creativity in building and site design; d. Achieve predictability, balanced with flexibility; and e. Consider the individual merits of proposals. INSTRUCTIONS FOR APPLICANTS: This design district checklist asks you to describe some basic information about your proposal. The City will use this checklist to determine whether the your proposal complies with the Urban Design Regulations in the Renton Municipal Code (RMC 4-3- 100). Answer the questions briefly, with the most precise information known, or give the best description you can. There are two categories that have been established: (a) "minimum standards" that must be met, and (b) "guidelines" that, while not mandatory, are considered by the Planning Director in determining if the proposed action meets the intent of the design guidelines. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. A. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high -density urban environment; so that businesses enjoy visibility from public rights -of -way; and to encourage pedestrian activity throughout the district. This project is an addition to an existing development that has been in existence for some time and has met all the standards. The reason this site was chosen is that it allows for Renton senior residents to be within walking distance from all of the amenities that a senior may need such as grocery store, clothing, pharmacy, hardware, and bank. With the 219 senior units that we are proposing, our project will be able to provide game rooms, a library, computer room, a social room, private dining room for the senior residents. A swimming pool, fitness center and a mini mart will be available for the Renton public. Page 1 of 28 9. Site Design and Street Pattern: Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for efficiency while maintaining flexibility for future development at high urban densities and intensities of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses. Minimum Standard: Provide a network of public and/or private local streets in addition to public arterials. No additional streets will be required as a traffic pattern has already been established. Minimum Standard: Maintain a hierarchy of streets to provide organized circulation that promotes use by multiple transportation modes and to avoid overburdening the roadway system. The hierarchy shall consist of (from greatest in size to smallest): (a) High Visibility Street. A highly visible arterial street that warrants special design treatment to improve its appearance and maintain its transportation function. (b) Arterial Street. A street classified as a principal arterial on the City's Arterial Street Plan. (c) Pedestrian -Oriented Streets. Streets that are intended to feature a concentration of pedestrian activity. Such streets feature slow moving traffic, narrow travel lanes, on -street parking, and wide sidewalks. (d) Internal or local roads (public or private). Our proposed project has an internal road and shared parking that is compatible with the rest of the shopping center. There will be additional plazas and landscaped area to enhance the parking and direct pedestrians through the parking to the new development for the fitness center, mini mart and other commercial tenants. 2. Building Location and Orientation: Intent: To ensure visibility of businesses; establish active, lively uses along sidewalks and pedestrian pathways; organize buildings in such a way that pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. Minimum Standard: Orient buildings to the street with clear connections to the sidewalk. The building is orientated so that the front blends in with the frontage of other adjacent commercial spaces. This allows the commercial spaces of this project to be a continuation of the existing shopping center businesses. The frontage now has a pedestrian -oriented plaza and walkway directing Page 2 of 28 people to the commercial spaces and entry to the senior portion of the building. It allows for pedestrian access into the project from the apartments to the west with sidewalks that that lead to the shopping center they did not have before. Minimum Standard: The front entry of a building shall not be oriented to a drive aisle, but instead a public or private street or landscaped pedestrian -only courtyard. The primary entrance is located an the facade facing the main parking and which is the prime entrance to all of the adjacent uses. There is a sidewalk frontage on the project that ties into a sidewalk that leads onto the adjacent commercial spaces to the north. The idea is to make the new commercial as an extension of the existing. Our commercial spaces are two stories tall to blend in with the existing commercial character of the existing shopping center adjacent to the north. Guideline: Ground floor residential uses located near the street should be raised above street level for residents' privacy. The units that face the driveway on the north are at street level, but are setback so that there is a landscaped buffer as a separation for privacy. 3. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Minimum Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human -scale elements. The primary entrance does face what would be considered the street and has a large covered entry. This entrance is the focal part of the front facade as it projects out and has decorative columns that support the structure. There is a recessed entry that adds addition interest. Minimum Standard: Multiple buildings on the same site shall provide a continuous network of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. There is only one building Minimum Standard: Ground floor units shall be directly accessible from the street or an open space such as a courtyard or garden that is accessible from the street. Page 3 of 28 All ground floor units have direct access to a courtyard that does have access to the street. The units on the ground floor also have access to a corridor that makes access to the common areas possible without going outdoors. Minimum Standard: Secondary access (not fronting on a street) shall have weather protection at least 4-112 feet wide over the entrance or other similar indicator of access. There are several other accesses to the building not fronting on a street that have weather protection. The stairways are additional access points. Minimum Standard: Pedestrian access shall be provided to the building from property edges, adjacent lots, abutting street intersections, crosswalks, and transit stops. Pedestrian access is available to the building from adjacent development by walkways that provide access to the street and transit stops. These accesses now are decorative plazas that have sitting areas and special landscaping. Guideline Standard: For projects that include residential uses, entries should provide transition space between the public street and the private residence such as a porch, landscaped area, terrace, common area, lobby, or similar feature. The project has entries that provide lobbies that allow transition from the public areas to the residential portion. Guideline Standard: Features such as entries, lobbies, and display windows should be oriented to a street; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street -oriented facade. The main entry is oriented towards the parking area which is the main facade of the building. There is a large covered entry that is a focal point of the building and connected to the public plaza. This entry will connect directly to a center landscaping feature in the parking lot. Guideline Standard: Entries from the street should be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping. Entries from parking lots should be subordinate to those related to the street for buildings within District 'A'. 4. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. Page 4 of 28 Minimum Standard: Careful siting and design treatment are necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. At least one of the following design elements shall be considered to promote a transition to surrounding uses: a. Setbacks at the side or rear of a building may be increased by the Reviewing Official in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; b. Building proportions, including step -backs on upper levels; c. Building articulation to divide a larger architectural element into smaller increments; or d. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. The building will have little effect on the adjacent commercial as the ground floor use is more like a continuation of the adjacent commercial. The residential part of the building at the front is set back on the upper 3 floors. There is s smaller setback on the west end of the building. The height of the west end of the building has setbacks to help scale down the height as well as a breakup of color. The apartments to the west are across the street which gives a good buffer. 5. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high - volume pedestrian areas, and screening them from view in high visibility areas. Minimum Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use (see illustration, RMC 4-3-100E7e). The portion of the project that is commercial will be of the type that has low service requirements and can be easily serviced from the front. The commercial spaces are concentrated and will have internal accessibility for the tenants. The commercial space available for public use is easily accessible through the front entrance. Minimum Standard: Garbage, recycling collection, and utility areas shall be enclosed, consistent with RMC 4-4-090, Refuse and Recyclables Standards, and RMC 4-4-095, Screening and Storage Height/Location Limitations. All recycle and utility areas are enclosed in the building. There will be no visual appearance of recycling or trash collection. Minimum Standard: In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self -closing doors (see illustration, RMC 4-3-100E7f). The garbage and recycling are completely inside the building. The only thing that can be seen will be the service doors. Page 5 of 28 Minimum Standard: The use of chain link, plastic, or wire fencing is prohibited_ The only fence on the project will be on the west end of the building facing on to Hardie Ave. This will be a wrought iron fence with brick columns every 8 feet with landscaping along the base. Minimum Standard: If the service area is adjacent to a street, pathway, or pedestrian -oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. The service area in the building will have a sidewalk to the curb for collection. There will be landscaping adjacent to the sidewalk. Guideline: Service enclosure fences should be made of masonry, ornamental metal or wood, or some combination of the three. These will not be required. 6. Gateways: Intent: To distinguish gateways as primary entrances to districts or to the City; provide special design features and architectural elements at gateways; and ensure that gateways, while they are distinctive within the context of the district, are compatible with the district in form and scale. Minimum Standard: Developments located at district gateways shall be marked with visually prominent features (see illustration, subsection RMC 4-3-100.E7g). Not applicable. Minimum Standard: Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles (see illustration, subsection RMC 4-3-100.E7h). Not applicable. Minimum Standard: Visual prominence shall be distinguished by two or more of the following: a. Public art; b. Monuments; c. Special landscape treatment; d. Open space/plaza; e. Identifying building form; f. Special paving, unique pedestrian scale lighting, or bollards; g. Prominent architectural features (trellis, arbor, pergola, or gazebo); h. Signage, displaying neighborhood or district entry identification (commercial signs are not allowed) Not applicable. Page 6 of 28 B. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. 1. Location of Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Minimum Standard: No surface parking shall be located between a building and the front property line or the building and side property line on the street side of a corner lot. Even though the parking is located between the building and the front, it is designed to be compatible with the adjacent shopping center development. The parking is a shared development with the adjacent users. The parking areas will have additional landscaped plazas, with sitting areas and decorative walkways. Guideline: In areas of mixed use development, shared parking is recommended. This project does have shared parking. 2. Design of Surface Parking: Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Minimum Standard: Parking lot lighting shall not spill onto adjacent or abutting properties (see illustration, subsection RMC 4-3-100.F5b). Even though the parking is located between the building and the front, it is designed to be compatible with adjacent development. The parking its a shared development with the adjacent uses. The lighting will be part of the overall lighting of the center and should be compatible with the adjacent surrounding. Minimum Standard: All surface parking lots shall be landscaped to reduce their visual impact (see RMC 4-4-080F7, Landscape Requirements). The parking lot will be landscaped per City Landscape requirements. The parking is broken into smaller areas with landscaping between and a main public landscaping corridor to the project. Guideline: Wherever possible, parking should be configured into small units, connected by landscaped areas to provide on -site buffering from visual impacts. The parking is divided into small areas separated by landscaping and plazas with walkways going through them. Page 7 of 28 Guideline: Access to parking modules should be provided by public or private local streets with sidewalks on both sides where possible, rather than internal drive aisles_ There are walkways that go through the parking areas that have sitting areas and special landscaping that provide access without walking in drive aisles. Guideline: Where multiple driveways cannot be avoided, provide landscaping to separate and minimize their impact on the streetscape. Landscaping is provided to separate parking and drive aisles into smaller areas, as well as sitting areas. 3. Structured Parking Garages: Not Applicable Intent: To more efficiently use land needed for vehicle parking; encourage the use of structured parking throughout the Urban Center and the Center Village; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages when they are located in proximity to the designated pedestrian environment. Minimum Standard: Parking Structures Fronting Designated Pedestrian -Oriented Streets: (a) Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 75% of the frontage width (see illustration, subsection RMC 4-3-100.F5c). (b) The entire facade must feature a pedestrian -oriented facade. Not applicable. Minimum Standard: Parking Structures Fronting Non -Pedestrian -Oriented Streets: (a) Parking structures fronting non -pedestrian -oriented streets and not featuring a pedestrian -oriented facade shall be set back at least 6 feet from the sidewalk and feature substantial landscaping. This includes a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to 10 feet adjacent to high visibility streets. Not applicable. (b) The Director may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: (1) Ornamental grillwork (other than vertical bars); (2) Decorative artwork; (3) Display windows; (4) Brick, tile, or stone; (5) Pre -cast decorative panels; (6) Vine -covered trellis; (7) Raised landscaping beds with decorative materials; or (8) Other treatments that meet the intent of this standard. Page 8 of 28 (c) Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (see illustration, subsection RMC 4-3-100.F5d). Minimum Standard: Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 75 percent of the frontage width (see illustration, subsection RMC 4-3-10015c). Minimum Standard: The entire facade must feature a pedestrian -oriented facade. Minimum Standard: Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (see illustration, subsection RMC 4-3-100.F5d). Guideline: Parking garage entries should be designed and sited to complement, not subordinate, the pedestrian entry. If possible, locate the parking entry away from the primary street, to either the side or rear of the building. Guideline: Parking garage entries should not dominate the streetscape. Guideline: The design of structured parking at finished grade under a building should minimize the apparent width of garage entries. Guideline: Parking within the building should be enclosed or screened through any combination of wails, decorative grilles, or trellis work with landscaping. Guideline: Parking garages should be designed to be complementary with adjacent buildings. Use similar forms, materials, and/or details to enhance garages. Guideline: Parking service and storage functions should be located away from the street edge and generally not be visible from the street or sidewalks. 4. Vehicular Access: Intent: To maintain a contiguous, uninterrupted sidewalk by minimizing, consolidating and/or eliminating vehicular access off streets within pedestrian environments and/or designated pedestrian -oriented streets. Guideline. Parking lots and garages should be accessed from alleys or side streets. Guideline: Driveways should be located to be visible from the right-of-way, but not impede pedestrian circulation on -site or to adjoining properties. Where possible, minimize the number of driveways and curb cuts. C. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets Page 9 of 28 and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi -modal and public transportation systems in order to reduce other vehicular traffic. 1. Pathways through Parking Lots: Intent: To provide safe and attractive pedestrian connections to buildings, parking garages, and parking lots. Minimum Standard: Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas. Our project has provided a unique pedestrian pathway from the parking areas which provide for a safe path of travel enhanced by a landscaped corridor. This corridor provides for good ADA access and is designed with several circular paved areas surrounded by beautiful landscaping and benches to enhance the walk to the building entrances. Minimum Standard: Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of 150 feet apart (see illustration, subsection RMC 4-3-100.G4a). There are 4 pedestrian walkways in the project that are safe and attractive and direct people from the surrounding street to the project. The walkways are not over 150 feet apart and are well marked and illuminated at night. 2. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Minimum Standard: Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties (see illustration, subsection RMC 4-3-100.G4b). The pedestrian circulation system throughout the project connects all of the open spaces and parking areas to provide good access to the new commercial spaces, mini mart and exercise facility. Minimum Standard: Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. The walkway in the parking areas are raised above the vehicular travel except when they have to cross a traffic aisle where they have to meet ADA requirements Minimum Standard: Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials (see illustration, subsection RMC 4-3-100.G4c). Pedestrian pathways in the parking lot are provided with a 5 foot decorative or textured concrete paving to differentiate the walkway in the parking lot. Page 10 of 28 Minimum Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 foot minimum unobstructed walking surface and street trees (see illustration, subsection RMC-4-3-100.G4d). The main walkway along the frontage of the commercial spaces is 14 feet wide without street trees. (b) To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries shall be allowed. Our project is not proposing street trees adjacent to the building entry. (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. A 10 - 12 foot pathway, for example, can accommodate groups of persons walking four abreast, or two couples passing one another. An 8 foot pathway will accommodate three individuals walking abreast, whereas a smaller 5 — 6 foot pathway will accommodate two individuals. The main pedestrian walkway that fronts on the commercial of the new project and serves as residential access to the adjacent existing commercial is 12 feet wide. Our other interior pathways are at a 5 foot width intended for two individuals. Minimum Standard: Locate pathways with clear sight lines to increase safety. Landscaping shall not obstruct visibility of walkway or sight lines to building entries. The pathways are located through the parking areas so that they have a straight clear view to the project. The landscaping is designed to not interfere with this view. Minimum Standard: All pedestrian walkways shall provide an all-weather walking surface unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. The walkways are all concrete and /or concrete pavers. The walks in the plaza areas shall have decorative pervious concrete pavers. Guideline: Delineation of pathways may be through the use of architectural features, such as trellises, railings, low seat walls, or similar treatment. Pathways are all concrete and/or concrete pavers. There are sitting areas and landscaping that enhances the pathways. There will also be decorative lighting along the pathways. Page 11 of 28 Guideline: Mid -block connections are desirable where a strong linkage between uses can be established. NIA Guideline: Decorative fences, with the exception of chain link fences, may be allowed when appropriate to the situation. There will be one decorative fence on the west end. This will be wrought iron with brick columns. 3. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Minimum Standard: Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs. These elements shall be a minimum of 4-112 feet wide along at least 75 percent of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. The commercial portion of the building will have awnings that are 7 feet wide and are on over 75% of the frontage. These awnings are not over 15 feet above ground and are no lower than 8 feet above ground level. They are designed to be over the glass areas of the commercial with masonry breaks. This helps to give the appearance of a series of small shops which is more in keeping with this development. Minimum Standard: Site furniture provided in public spaces shall be made of durable, vandal- and weather -resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. There are several pedestrian pads with sitting areas in the plazas in the approach through the parking area with all-weather resistant benches. There will also be furniture in the sitting areas in the residential courtyards. Minimum Standard: Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances All site furniture is designed to give a clear pedestrian pathway. There will be special tables and sitting that will accommodate ADA access. Guideline: Transit shelters, bicycle racks, benches, trash receptacles, and other street furniture should be provided. There are 2 bike racks. One is by Stairway #1 that will be for commercial use as well as residents and a second rack adjacent to the exit by unit #117. These will be covered and have night lighting. Guideline: Street amenities such as outdoor group seating, kiosks, fountains, and public art should be provided. Page 12 of 28 Our project provides for the public (3) 24 foot diameter, paved spaces with benches and stone pillars. These areas are landscaped with trees and plants. Guideline: Architectural elements that incorporate plants, such as facade -mounted planting boxes or trellises or ground -related or hanging containers are encouraged, particularly at building entrances, in publicly accessible spaces, and at facades along pedestrian -oriented streets (see illustration, subsection RMC 4-3-100.G4f). D. LAN DSCAPINGIRECREATION AREAS/COMMON OPEN SPACE: Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in safe and convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity_ 1. Landscaping: Intent: Landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. Minimum Standard: All pervious areas shall be landscaped (see RMC 4-4-0701 Landscaping). All pervious areas are landscaped; including parking lot planters, perimeter landscape beds, and open space lawn. Minimum Standard: Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton. Street trees are shown along Hardie Ave. within designated eight -foot (8') planting strip between proposed curb and sidewalk. Minimum Standard: On designated pedestrian -oriented streets, street trees shall be installed with tree grates. For all other streets, street tree treatment shall be as determined by the City of Renton (see illustration, subsection RMC 4-3-100.1-13a). Landscape Design has met RMC's intent. Minimum Standard: The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. Landscape design's intent was multi -purpose: create usable accessible and inviting open space and pedestrian gathering locations (nodes); provide parking lot and streetscape landscaping; and design perimeter (buffering and foundation plantings. Page 13 of 28 Minimum Standard: The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and non -vegetative elements, reinforces the architecture or concept of the development. Creation of the pedestrian circulation walkways and open space areas compliments the residential building character and intended use. Minimum Standard: Surface parking areas shall be screened by landscaping in order to reduce views of parked cars from streets (see RMC 4-4-080F7, Landscape Requirements). Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, subsection RMC 4-3-100.H3b). Landscape design meets parking area screening intent as well as providing safe pedestrian access through vehicular areas. Minimum Standard: Trees at an average minimum rate of one tree per 30 lineal feet of street frontage. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. Landscape design has complied with code. Minimum Standard: Shrubs at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall be at least 12 inches tall at planting and have a mature height between three and four feet. Landscape design has complied with code. Minimum Standard: Ground cover shall be planted in sufficient quantities to provide at least 90 percent coverage of the landscaped area within three years of installation. Landscape design has complied with code. Minimum Standard: The applicant shall provide a maintenance assurance device, prior to occupancy, for a period of not less than three years and in sufficient amount to ensure required landscape standards have been met by the third year following installation. The applicant agrees to a landscape maintenance assurance device for a three year period following "Substantial Completion" of the landscape work". Minimum Standard: Surface parking with more than 14 stalls shall be landscaped as follows: (1) Required Amount: Total Number of Spaces Minimum Required Landscape Area" 15 to 50 15 square feet/parking space Page 14 of 28 51 to 99 25 square feet/parking space 100 or more 35 square feet/parking space * Landscape area calculations above and planting requirements below exclude perimeter parking lot landscaping areas. Project is planning +/-132 parking stalls. Landscape area requirement is 4,500 square feet. Preliminary landscape design provides 9,354 square feet of parking lot landscaping. (2) Provide trees, shrubs, and ground cover in the required interior parking lot landscape areas. Landscape design has complied with code. (3) Plant at least one tree for every six parking spaces. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. With 132 parking stalls, 22 parking lot trees are required (132 divided by 6 equals 22). Twenty-six (26) trees are proposed on Preliminary Landscape Plan. (4) Plant shrubs at a rate of five per 100 square feet of landscape area. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet. Landscape design has complied with code. (5) Up to 50 percent of shrubs may be deciduous. So noted. (6) Select and plant ground cover so as to provide 90 percent coverage within three years of planting; provided, that mulch is applied until plant coverage is complete. Landscape design has complied with code. (7) Do not locate a parking stall more than 50 feet from a landscape area. Site design has complied with code. Minimum Standard: Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced. So noted. Page 15 of 28 Minimum Standard: Underground, automatic irrigation systems are required in all landscape areas. An underground, automatic irrigation system is proposed for all landscape areas on site. Guideline: Landscaping should be used to soften and integrate the bulk of buildings_ Trees and foundation plantings of shrubs and groundcover plants are designed to "soften" architecture with landscape. Guideline: Landscaping should be provided that appropriately provides either screening of unwanted views or focuses attention to preferred views. Perimeter landscaping focuses views inward, parking lot landscaping screens cars and provides safe pedestrian access routes, and open space provides an internal perspective. Guideline: Use of low maintenance, drought -resistant landscape material is encouraged. Landscape plan has been designed with indigenous and/or drought -resistant plantings that will require lower maintenance. Guideline: Choice of materials should reflect the level of maintenance that will be available. So noted. Guideline: Seasonal landscaping and container plantings are encouraged, particularly at building entries and in publicly accessible spaces. Ornamental grasses along with selective perennial plantings will provide a desirable seasonal characteristic. Guideline: Window boxes, containers for plantings, hanging baskets, or other planting feature elements should be made of weather -resistant materials that can be reasonably maintained. So noted. Guideline: Landscaping should be used to screen parking lots from adjacent or neighboring properties. Landscape design was developed to screen parking lot as per guidelines. 2. Recreation Areas and Common Open Space: Intent: To ensure that districts have areas suitable for both passive and active recreation by residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations; create usable, accessible, and inviting open space that is accessible to the public; and promote pedestrian activity on pedestrian -oriented streets particularly at street corners. Minimum Standard: Mixed use residential and attached housing developments of ten or more dwelling units shall provide a minimum area of common space or Page 16 of 28 recreation area equal to 50 square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Director. The required common open space shall be satisfied with one or more of the elements listed below. The Director may require more than one of the following elements for developments having more than 100 units. (a) Courtyards, plazas, or multi -purpose open spaces; There are 219 units x 50 square feet/unit = 10,950 square feet. There are 14,707 square feet of courtyards. (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; All units have either a ground floor patio or a private deck off their unit. There are patios off of all of the indoor recreational area that allow the indoor residents to be also able to use the exterior patios in the good weather. There is also a large public deck at the 3"d floor over the social room that opens off of the game room. (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; Our project provides for passive recreation that is separate from the public street by providing two courtyards on the south side with tables and walking paths. (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or Our project also provides a main social area, TV lounge, computer and library room for residents. We are also providing a pool and spa area and a yoga exercise facility for public use. (e) Children's play spaces. Minimum Standard: In mixed use residential and attached residential projects, required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas. This standard has been met. Minimum Standard: In mixed use residential and attached residential projects required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi -private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (see illustration, subsection RMC 4-3-100.H3c). Page 17 of 28 This standard has been met. Minimum Standard: Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. This standard has been met. Minimum Standard: In mixed use residential and attached residential projects, other required landscaping and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement. This standard has been met. Minimum Standard: All buildings and developments with over 30,000 square feet of non-residential uses (excludes parking garage floorplate areas) shall provide pedestrian -oriented space (see illustration, subsection RMC 4-3-100.1-13d) according to the following formula: 1 % of the lot area + 1 % of the building area = Minimum amount of pedestrian -oriented space. The non-residential space is only 7,591 square feet, the pedestrian - oriented space is over 4,500 square feet alone. Minimum Standard: To qualify as pedestrian -oriented space, the following must be included: (a) Visual and pedestrian access (including barrier -free access) to the abutting structures from the public right-of-way or a non -vehicular courtyard; All pedestrian oriented spaces have pathways that are ADA accessible. There will be furniture in the courtyards that have wheel chair access. (b) Paved walking surfaces of either concrete or approved unit paving; All walkways are concrete and or concrete pavers. (c) On -site or building -mounted lighting providing at least four foot-candles (average) on the ground; and All courtyards will have lighting that will be in the form of post lights, bollards and ground floods that will light all public areas of the courtyards and public plazas. (d) At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space. Page 18 of 28 This project is so large that the requirement of 3 feet of seating area would be excessive for this project. We are providing a large amount of seating in the various paved plaza areas. The sitting area that is provided should give satisfactory seating. There is good seating along the pathways and in the plazas. The courtyards have furniture that will be provided Minimum Standard: The following features are encouraged in pedestrian -oriented space (see illustration, subsection RMC 4-3-100.H3e) and may be required by the Director: (a) Provide pedestrian -oriented uses on the building facade facing the pedestrian -oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security — such as adjacent to a building entry. (c) Provide pedestrian -oriented facades on some or all buildings facing the space- (d) Provide movable public seating. Our project's main public entrance has a covered, tall entryway along with canopies at each commercial space. Minimum Standard: The following are prohibited within pedestrian -oriented space: (a) Adjacent unscreened parking lots; (b) Adjacent chain link fences; (c) Adjacent blank walls; (d) Adjacent dumpsters or service areas; and (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment. Our project does not have any of the above items. Minimum Standard: The minimum required walkway areas shall not count as pedestrian -oriented space. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian -oriented space if the Director determines such space meets the definition of pedestrian -oriented space. So noted. Minimum Standard: Commercial Arterial Zone Public Plazas. At each corner of the intersections listed below, there shall be provision of a public plaza of no less than 1,000 square feet with a minimum dimension of 20 feet on one side abutting the sidewalk. The public plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian -scaled lighting, and seating. These public plazas are to be provided at all of the following intersections: i. Benson Area: Benson Drive S./108th Avenue S.E. and S.E. 176th. ii. Bronson Area: Intersections with Bronson Way North at: (a) Factory Avenue N. 1 Houser Way S.; (b) Garden Avenue N.; and Page 19 of 28 (c) Park Avenue N. and N. First Street. iii_ Cascade Area: Intersection of 116th Avenue S.E. and S.E. 168th Street. iv. Northeast Fourth Area: Intersections with N.E. Fourth at: (a) Duvall Avenue N.E.; (b) Monroe Avenue N.E_; and (c) Union Avenue N.E. v. Grady Area: Intersections with Grady Way at: (a) Lind Avenue S.W.; (b) Rainier Avenue S.; (c) Shattuck Avenue S.; and (d) Talbot Road S. vi. Puget Area: Intersection of S. Puget Drive and Benson Road S. vii. Rainier Avenue Area: Intersections with Rainier Avenue S. at: (a) Airport Way / Renton Avenue S.; (b) S. Second Street; (c) S. Third Street ! S.W. Sunset Boulevard; (d) S. Fourth Street; and (e) S. Seventh Street. viii. North Renton Area: Intersections with Park Avenue N. at: (a) N. Fourth Street; and (b) N. Fifth Street. ix. Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: (a) Duvall Avenue N.E.; and (b) Union Avenue N.E. Not applicable. Guideline: Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. The common spaces are located at the main entrance to the building and by the management offices for property control. They are all accessible by all residents of the building. There is both walking access and elevators provided for easy access to all floors. Guideline: Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. The common spaces are adjacent to the commercial and have access to a large courtyard with good sun light and large patio areas for summer use. They are adjacent to management offices and elevator access. Guideline: In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. Page 20 of 28 Presently we do not have any children's play area. We may provide an area with some play equipment when some of the senior tenants have visiting grandchildren. We have plenty of space where this could be done. E. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. 1. Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Minimum Standard: All building facades shall include modulation or articulation at intervals of no more than forty feet (40). The building facades have offsets in the building with decks and patios that provide modulation. These offsets occur on all 4 sides of the building and include all facades in the courtyard Guideline: Building facades should be modulated and/or articulated with architectural elements to reduce the apparent size of new buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. All facades have decks, offsets in the building and a breakup of different exterior materials with different colors. These will help to break up the longer portions of the building and add interest to these areas. It will help reduce the height appearance. Guideline: Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. The modulation provided will give the building more of a residential character. The motive is to make the building look like a series of connecting buildings, rather than one large one. Guideline: A variety of modulations and articulations should be employed to add visual interest and to reduce the bulk and scale of large projects. There is a base siding that is a darker color. Then a middle siding that is slightly lighter in color, and then a top siding that its even lighter in color. The change of color has a tendency to reduce the apparent height of the building. Horizontally there will be a change of color to have the appearance of individual buildings which will scale down the building length. Guideline: Building modulations should be a minimum of two feet deep, 16 feet in height, and eight feet in width. Page 21 of 28 All modulation setbacks are over 2 feet and extend the full height of the building except on the west end where some of the modulation is only 2 stories high to give a vertical modulation as well as a horizontal modulation. Guideline: Alternative methods to shape a building such as angled or curved facade elements, off -set planes, wing walls, and terracing will be considered; provided, that the intent of this Section is met. In addition to the horizontal modulation the west elevation has pop out portions at three locations at the lower level of the building and the east end has a step -back of the upper 3 stories to help reduce the mass of the east facade. 2. Ground -Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human -scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Minimum Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of a ground floor wall over six feet in height, has a horizontal length greater than 15 feet, and does not include a window, door, building modulation or other architectural detailing; or Walls higher than 6 feet or longer than 15 feet have either a door, a window or offset, thus meeting the above requirements. (b) Any portion of a ground floor wall having a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. There are no areas of 400 square feet or more that do not have windows or doors on the ground floor Minimum Standard: Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the following (see illustration, subsection RMC 4-3-100.15d): (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or (e) Seating area with special paving and seasonal planting. Our project does not have blank walls. Minimum Standard: Treatment of blank walls shall be proportional to the wall. Page 22 of 28 There are no walls that are classed as blank. Minimum Standard: Provide human -scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. The main facade of the commercial end shall have wall sconces as well as overhead lights in the canopy to give light that is typical to a commercial development. There will also be lighting on the upper residential floors. Minimum Standard: Facades on designated pedestrian -oriented streets shall have at least 75 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian -oriented street) comprised of transparent windows and/or doors. The commercial frontage and entrance to the residential portion have windows and doors that exceed 75%. The glass windows in the commercial are separated to give the appearance of small shops which is likely the case and will scale down the appearance of the commercial. Minimum Standard: Other facade window requirements include the following: (a) Building facades must have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50 percent. All of the commercial spaces of the front facade will have clear windows. The south fitness space is viewable by the public to see the activities inside. The north end will be commercial space that will want to display or make apparent their use. (b) Display windows shall be designed for frequent change of merchandise, rather than permanent displays. The usage will determine the display. It is projected that the type of tenant will want displays and that they will change. (c) Where windows or storefronts occur, they must principally contain clear glazing. All windows in the east facfade, including the residential above will have clear glazing. (d) Tinted and dark glass, highly reflective (mirror -type) glass and film are prohibited. So noted. Page 23 of 28 Guideline: The primary building entrance should be made visibly prominent by incorporating a minimum of one of the following architectural features from each category listed (see illustration, subsection RMC 4-3-100.15e): (a) Facade Features: (1) Recess; (2) Overhang; (3) Canopy; (4) Trellis; (5) Portico; (6) Porch; (7) Clerestory. (b) Doorway Features: (1) Transom windows; (2) Glass windows flanking door; (3) Large entry doors; (4) Ornamental lighting; (5) Lighted displays. (c) Detail Features: (1) Decorative entry paving; (2) Ornamental building name and address; (3) Planted containers; (4) Street furniture (benches, etc.). Guideline: Artwork or building ornamentation (such as mosaics, murals, grillwork, sculptures, relief, etc.) should be used to provide ground -level detail. There will be some mosaics at the front entry on the sidewalls. Guideline: Elevated or terraced planting beds between the walkway and long building walls are encouraged. 3. Building Roof Lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Minimum Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3- 100.15f): (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. Minimum Standard: Locate and screen roof -mounted mechanical equipment so that the equipment is not visible within 150 feet of the structure when viewed from ground level. There will be no roof mounted mechanical equipment. It is all located in the roof structure. See Building Section Page 24 of 28 Minimum Standard: Screening features shall blend with the architectural character of the: building, consistent with RMC 4-4-095E, Roof -Top Equipment. There will be no roof equipment it is all in the building. Minimum Standard: Match color of roof -mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. Not applicable 4. Building Materials: Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduces the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Minimum Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. The exterior shall have a base material that is a vertical siding with a darker brown siding. There will be a white belly band at ceiling level of the 7st floor. There will be 3 floors of a moderate beige bevel siding and another white belly band at the Sth floor. The top floor shall have a smaller bevel siding with a light cream color. The roof will be 30 year asphalt shingles of a light grey color. Some areas of the middle floor of the building will have a darker color to break up the long horizontal appearance of the building. The east end of the building will have brick veneer on the lower two stories which is where commercial use is located. All of the units will have decks with columns that will be white. The railings are baked enamel and will be dark brown. The raised soffit roof over each deck will have siding similar to the mid floors and will have dark brown wood outriggers. Minimum Standard: Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for all visible facades. Our architectural elevations show this. Minimum Standard: Materials shall be durable, high quality, and reasonably maintained. All exterior materials shall be brick, vertical and horizontal vinyl bevel siding, metal handrails and pre -finished wood trim. Minimum Standard: Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Page 25 of 28 r . The exterior will consist of 3 types of vinyl siding, 1 vertical and 2 that are bevel. There will be a vinyl belly band at the 2"d & 5t" floors to separate the different types and colors. The 2 story commercial at the east end shall be brick veneer and store front anodized aluminum windows. Guideline: Building materials should be attractive, durable, and consistent with more traditional urban development. Appropriate examples would include brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, and cast -in -place concrete. There will be two story tall brick veneer on the commercial portion of each end. The vinyl will be commercial grade. All deck handrails will be baked enamel Guideline: Concrete walls should be enhanced by texturing, reveals, snap -tie patterns, coloring with a concrete coating or admixture, or by incorporating embossed or sculpted surfaces, mosaics, or artwork. There are no concrete walls Guideline: Concrete block walls should be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or incorporate other masonry materials. Not applicable Guideline: Stucco and similar troweled finishes should be used in combination with other more highly textured finishes or accents. They should not be used at the base of buildings between the finished floor elevation and four feet (4') above. Not applicable F. SIGNAGE: Intent: To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale for the project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest. Minimum Standard: Signage shall be an integral part of the design approach to the building. The signage will be minimal and will be on the upper wall area of the commercial frontage. These signs will be of raised material attached to the brick. Minimum Standard: Corporate logos and signs shall be sized appropriately for their location. Page 26 of 28 Signage will be kept to a minimum. There will be some signage above the roof overhangs over the commercial. These signs will be small, surface mounted. Minimum Standard: Prohibited signs include (see illustration, subsection RMC 4- 3-100.J3a): i. Pole signs; ii. Roof signs; iii. Back -lit signs with fetters or graphics on a plastic sheet (can signs or illuminated cabinet signs). Exceptions: Back -lit logo signs less than ten (10) square feet are permitted as are signs with only the individual letters back -lit. None of these will be used. Minimum Standard: In mixed use and multi -use buildings, signage shall be coordinated with the overall building design. These signs will be submitted to the architect for prior approval to match the intent of the building. Minimum Standard: Freestanding ground -related monument signs, with the exception of primary entry signs, shall be limited to five feet above finished grade, including support structure. All such signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director. Our project signs will comply with the above. Minimum Standard: Entry signs shall be limited to the name of the larger development. So noted. Guideline: Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged, Not applicable. Guideline: Front -lit, ground -mounted monument signs are the preferred type of freestanding sign. There will be no freestanding signs. Guideline: Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian -oriented streets. Page 27 of 28 G. LIGHTING: Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Minimum Standard: Lighting shall conform to on -site exterior lighting regulations located in RMC 4-4-075, Lighting, Exterior On -Site. All lighting of the parking areas shall be compatible with the adjacent parking and will meet city standards. Minimum Standard: Lighting shall be provided on -site to increase security, but shall not be allowed to directly project off -site. There will be no lighting that will affect any off -site development. Minimum Standard: Pedestrian -scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian -oriented spaces. The fagade of the commercial will be lighted. There will be fagade lighting on the roof of the commercial that will light the fagade of the residential portion on the east end of the building. We also plan lighting near the ground along our landscaped walking path. Guideline: Accent lighting should be provided at focal points such as gateways, public art, and significant landscape features such as specimen trees. This will be done. Guideline: Additional lighting to provide interest in the pedestrian environment may include sconces on building facades, awnings with down -lighting, decorative street lighting, etc. Our project will provide low level walking path lighting for the public and our residents. Page 28 of 28 Construction Mitigation Narrative for Renton Center Senior Living Prepared by: CG Engineering November 26, 2013 Construction Mitigation Narrative The proposed project is a 3.67 acre site located at 625 Renton Center Way in Renton, WA. The scope of the work includes the construction of 219 unit senior apartment building, along with its associated parking, driveways, courtyards, and utilities. The project is currently planned to begin construction around April 2014 and is expected to end April 2015. Construction will occur between lam and 5pm, Monday through Friday. At this point, no special times for construction or hauling appear to be necessary. Hauling and transportation will follow Rainer Ave S to 1-405 S. It is expected that the haul route will then continue to 1-5, although the current destination for import and export material is currently unknown, and will be determined prior to construction. Hauling Map The Stormwater Pollution Prevention Plan that is submitted to the City of Renton as a aortion of the Drainage Report covers dust and erosion control measures in detail. All erosion control measures will be monitored by the ESC supervisor. Relevant BMPs to be implemented are listed below. • Stabilized Construction Entrance (BMP C105) • Sediment Trap (BMP C240) • Silt Fence (BMP C233) • Dust Control (BMP C140) • Interceptor Dike and Swale (BMP C200) • Check Dams (BMP C207) DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 159973 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets* Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density 600 square feet square feet square feet 2. 600 _ square feet 3. 159373 , square feet 4. 3.66 acres 5. 219 unitsllots 6. 59.8 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. RA2013 Projects113133.24 Reserve at RentonlPermitting Coordinationldensity.doe - 1 - 03/08 PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact. Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land, Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. -1 - 06/09 RA2013 Projects113133.20 Reserve at RentarAPermitling Goordination151TE PLAN REVIEW 12-20-131environmental checklist.doc A. BACKGROUND 1. Name of proposed project, if applicable: Renton Center Senior Living 2. Name of applicant: Vintage/Canddle 3. Address and phone number of applicant and contact person: Applicant: 3424 Via Oporto, Suite 201, Newport Beach, CA 949-715-7099 Contact person: Charles Morgan — 425-353-2888 4. Date checklist prepared: December 2, 2013 5. Agency requesting checklist: City of Renton Planning Department 6. Proposed timing or schedule (including phasing, if applicable): Construction will take place between April 2014 and April 2015. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Traffic Study by Gibson Traffic. Soils Report by Zipper Geo Associates. Technical Information Report by CG Engineering. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any governmental approvals or permits that will be needed for your proposal, if known. City of Renton Building Permit City of Renton Construction Permit Department of Ecology Construction Stormwater General Permit. -2- 06109 R:V013 Projects113133.20 Reserve at RentonTermitting CoordinationOTE PLAN REVIEW 12-20-13%nvironmental checklist.doc 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The purpose of this project is to construct a 219 unit senior living apartment project with 131 parking spaces and a commercial area of 5,431 sgfft. The project will be constructed on a 3.67-acre site. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project is located at 625 Renton Center Way, Renton, Washington. Legal Description: Parcel D of City of Renton, lot line adjustment no. LUA-99-017-LLC, according to survey recorded April 6, 1999 in volume 128 of surveys at page 275, 275A, 275E and 275C under recording no. 9904069001, in King County, Washington; Being a portion of Henry H. Tobin donation land claim number 37, and of government lot 11, 13, and 16 of Section 18, Township 23 North, Range 5 East, Willamette Meridian, and of Tract 1, 2, 3, and 4 of supplemental map of Renton Shore Lands, according to the maps on field in the office of the Commissioner of Public Lands in Olympia, Washington. B. ENVIRONMENTAL ELEMENTS EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) 2 percent C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Surface soils generally consist of about 8 inches of crushed rock fill underlain by gravelly sand fill extending to about 1.5 feet below grade. Below the gravelly sand is loose sand and soft silt. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None noted or known e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Cut =1430 cubic yards Fill = 4080 cubic yards Total = 3650 cubic yards Fill - 3 - 06109 RA2013 Projects113133.20 Reserve at RentonTermitting Coordination\SITE PLAN REVIEW 12-20-Menvironmental checklist.doc Approximately 2.1 acres of graded area. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosions could occur during certain weather conditions at the time of construction. Erosion control methods will be implemented. Planned erosion control measures include installation of a sediment trap, interceptor dike with check dams, stabilized construction entrance, and silt fence. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 74% of the site will be covered with the building and paving upon completion of the project. -4- 06109 RA2013 Prcject9113133.20 Reserve at RentoMPermik ing Coordination\SITE PLAN REVIEW 12-20-Menvironmental checldist.doc Proposed measures to reduce or control erosion, or other impacts to the earth, if any: A temporary erosion control plan has been prepared in accordance with City of Renton and State Department of Ecology Standard to reduce and control erosion during the construction phase. Erosion control measures include installation of a sediment trap, interceptor dike with check dams, stabilized construction entrance, and silt fence. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Normal emissions from construction equipment and some dust will be generated during construction depending on weather conditions. After completion of construction, normal automobile emissions will be generated by on -site parking of apartment units. The commercial portion could have some uses such as restaurant that could have emissions per the standard small restaurant. The domestic water will be heated by gas boilers. b. Are there any off -site sources of emission or odor that may affect your proposal? If so, generally describe. No Proposed measures to reduce or control emissions or other impacts to air, if any: The Washington Clear Air Act requires the use of all known, available and reasonable means of controlling air pollution, including dust. Construction impacts will not be significant and the potential for soils to be carried off -site by trucks will be controlled. Water will be used for dust control if needed. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. - 5 - 06109 R:=13 Projects113133.20 Reserve at RenlonTennitting GoordinationlSITE PLAN REVIEW 12.20-131environmental checklist.doc Not applicable 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, if so, describe. The only source of runoff from the site is storm water. Runoff will be collected in catch basins and routed to the City storm system. The City Storm system outfalls into the Black River about % miles downstream, which then runs into the Duwamish Waterway and ultimately the Puget Sound. 2) Could waste material enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The project is not required to provide flow control facilities for storm runoff, but runoff treatment is required. A Contech Stormfilter will be installed at the west end of the property before the stormwater conveyance system ties into the City storm sewer. - 6 - 06/09 RA2013 Projects113133.20 Reserve at Rerdon%Permitting Coordinabon\SITE PLAN REVIEW 12-20-131environmental checklistdoc 4. PLANTS a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other x other types of vegetation: some scrub trees b. What kind and amount of vegetation will be removed or altered? 41 scrub trees will be removed from the site. C. List threatened or endangered species known to be on or near the site. None known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The project will add 0.5 acres of landscaping to the site. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Songbirds Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None C. Is the site part of a migration route? If so, explain King County west of the Cascades is part of the Pacific Flyway d. Proposed measures to preserve or enhance wildlife, if any: None -7- 061a8 RA2013 Projects113133.20 Reserve at RentonTermitling CoordinationlSFE PLAN REVIEW 12-20-131environmental checklist.doc 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The apartment portion of the project will be heated with electric heat. The commercial area will be natural gas. The apartment and commercial domestic water will be heated by natural gas. The swimming pool and hot tub will be heated by natural gas. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The height of the apartment building will partially screen the commercial building to the north, although they have room to locate solar heat panels which would not be affected. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The building will comply with the latest Washington State Energy Code requirements. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? if so, describe. None 1) Describe special emergency services that might be required. Not applicable 2) Proposed measures to reduce or control environmental health hazards, if any: Not applicable b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Some noise exists from the parking are in the front of the building, but this is not enough to be of concern. There is a railroad on the south side of the building but train noise is not expected to be an issue. - 8 - 06/09 R:12013 ProjeoWl 3 133.20 Reserve at RentonTermitting CoordlnaWnlSITE PLAN REVIEW 12-2D-1Menvironmental checklist.doc 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. There will be the normal noises from the construction of the building. The construction hours will from 7:00 A.M. to 5:00 P.M. After the building is completed there will be the normal noises from small commercial establishments which will probably be from about 9:00 A.M. to 7:00 P.M. The apartment part of the project will have normal noises from a senior living facility. Very few of the tenants will need to drive with the Fred Meyer shopping center within walking distance. 3) Proposed measures to reduce or control noise impacts, if any: Not applicable 8. LAND AND SHORELINE USE What is the current use of the site and adjacent properties? The current use is a vacant lot that was a parking for the school buses. The property to the north is a shopping center with Fred Meyer as the main tenant. The adjacent portion of the building will be one story commercial use. To the south is the railroad track that is elevated 12' above our lowest level. To the west across Hardie Avenue is a large apartment house development. b. Has the site been used for agriculture? If so, describe. c. Describe any structures on the site. The site is vacant. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? CA f. What is the current comprehensive plan designation of the site? cc g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. M - 9 - 06/09 R:=13 Projectskl3133.20 Reserve at RentonlPermitting CoordinaGonISITE PLAN REVIEW 12-20-13%nvironmental cheddist.doc Approximately how many people would reside or work in the completed project? The apartment would have approximately 241 residents and the commercial would have around 30 employees. j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project is compatible with the current zoning and comprehensive plan and will adhere to the design standards of the zoning. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. The project will provide 219 units of affordable rental housing exclusively for low and moderate income elderly individuals and households. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None C. Proposed measures to reduce or control housing impacts, if any: A Regulatory Agreement and a Regulatory Agreement (Extended Use Agreement) will be recorded against property to ensure that the project will provide long-term affordable housing for the targeted low- and moderate - income population. Because of the substantial growth in the elderly population and the increasing need for affordable housing, no other measures to reduce or control housing impacts are believed to be needed 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The maximum building height is 52'-2". The principal exterior building materials are brick veneer and fiber -cement cladding. b. What views in the immediate vicinity would be altered or obstructed? None -10- 06109 RA2013 Projects113133.20 Reserve at RentonTermiriing CoordlnatioMSITE PLAN REVIEW 12-20-131environmental checklist.doc C. Proposed measures to reduce or control aesthetic impacts, if any: The use of architectural styling, building modulation, and a variety of exterior colors and building materials will be used to create a high standard of architectural design and character that will satisfy the design review criteria. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The commercial space on the ground floor will produce lighting that is standard to the commercial properties that exist in the area. The apartments will have lighting as standard for residential units. b. Could light or glare from the finished project be a safety hazard or interfere with views? ►vr7. C. What existing off -site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: None 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? None b. Would the proposed project displace any existing recreational uses? If so, describe. No C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The project will provide its own social and recreational facilities such as: Social room, TV center, swimming pool, hot tub, activities room, computer area, exercise room, library, private dining rooms, mini-mart/snack bar, outdoor walking paths, etc. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No - 11 - 06109 RA2013 Projects113133.20 Reserve at RentonTermitting Coordination%SFE PLAN REVIEW 12-20-131environmental checklist.doc b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None C. Proposed measures to reduce or control impacts, if any: None required 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is located adjacent to Hardie Ave SW and will have access to Rainier Ave S and Renton Center Way through the shared parking lot with Fred Meyer. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? There are bus stops located at Rainier Ave S & S 4u' PI and Rainier Ave S and S 3`d PI. Both bus stops are located within 0.15 mi of the site. C. How many parking spaces would the completed project have? How many would the project eliminate? The project will have 132 parking stalls d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? The project will include frontage improvements to the sidewalk and landscape strip on Hardie Ave SW. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The completed project would generate 934 vehicular trips per day. g. Proposed measures to reduce or control transportation impacts, if any: Encourage tenants to use public transportation that is available adjacent to the site. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. - 12 - 06/09 RA2013 ProjectM13133.20 Reserve at RentonTermitting Coordination1SITE PLAN REVIEW 12-20-131environmental checklistdoc The project will create a small increase in the need for fire protection, emergency services and police protection by bringing in an increase of tenants from the original apartment building. b. Proposed measures to reduce or control direct impacts on public services, if any. None 16. UTILITIES a. Circle utilities currently available at the site: electricity,natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Storm sewer (City of Renton), cable TV (Comcast), electricity (Puget Sound Energy), natural gas (Puget Sound Energy), water (City of Renton, refuse service (Waste management), telephone (Comcast), sanitary sewer (King County). C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of ull disclosure on my part. Proponent Signature: Name Printed: alt"LO4 <3Gl /U4J, p�fSz__ Date: December 19 2013 -13- 06109 R:12013 Projects113133.20 Reserve at RentanlPermitting Goordination151TE PLAN REVIEW 12-20-131environmental cheeklist.doc ENGINEERING December 11, 2013 Rocale Timmons, Sr. Planner City of Renton 1055 South Grady Way Renton, WA 98057 RE: Renton Senior Living Center Modification Request CG Project No. 13133.20 Dear Ms. Timmons, The Renton Senior Living Center project is located adjacent to the Hardie Ave SW right-of-way, which in its existing condition is a 60 foot wide collector street. The RMC 4-6-060 Street Standards require a minimum of an 83 foot wide right of way for a collector street, meaning that typically an adjacent property would have to dedicate 11.5 feet to allow for their half of the upgraded street. To match the typical collector in the City of Renton Street Standards we would be required to add an 8 foot wide parking strip (widening the asphalt thus requiring a new curb line), an 8 foot wide landscape strip, and then an 8' sidewalk. However, pre -application comments for this project indicate that information from the Transportation section shows that there is no need for the parking lane on Hardie Ave SW, and that the existing curb line can continue to be used. This information is per the City of Renton corridor plan for this area. Our site inspection to the project confirms that adding a parking strip would not be matching the character of Hardie Ave SW near our project, as there is not street parking along the frontage of the next several adjacent properties. Because the parking lane isn't needed per the City of Renton pre -application comments, our project would like to request a modification to the street standards eliminating this parking lane. With the parking lane being removed, the right of way will not need to be the full 83 foot width in order to accommodate the remaining street improvements indicated in the pre - application comments and the City of Renton Street Standards. Our proposal would be to construct the 8 foot wide planter and then the 8 foot wide sidewalk behind the existing curb. Rather than 11.5 feet, our dedication would be to the back of the new sidewalk, which encroaches a distance varying from 0 feet to 8.2 feet onto the subject property (the varying distance is due to the curvature of the existing roadway and curb line). There are several items of criteria that need to be met for a modification of the standards. The code language is presented in italics below, followed by our responses to each condition: a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; The subject property will be the home to a senior apartment building which will suffer a loss of units due to a revised density calculation should the full 11.5 foot wide dedication be required. Waiving the parking lane requirement is a measure that is supported by the City of Renton in this project's pre - application comments. When this is done, the full dedication does not appear to be necessary since the edge of the street improvements will not encroach onto our existing property nearly as much. Adding the parking lane is also a practical difficulty as it does not fit in with the character of Hardie Ave SW, where there is no parking in either direction. Retrofitting this small portion of the road to accommodate a parking strip would be an unnecessary hardship to this project. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; The landscape and sidewalk that our project will be providing will be an upgrade to the existing condition. The right of way will also get wider due to the property dedication, extending the back of the sidewalk. The existing road width and curb line will be maintained. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; As stated previously in the report, the existing condition on the Hardie Ave SW property and the adjacent properties in each direction do not have a parking lane, so granting our project this dedication would not be granting us a special privilege. It will not limit any other properties from any existing uses, as there is not a parking lane on the Hardie Ave SW frontage in the existing condition. d. That the approval is a minimum variance that will accomplish the desired purpose. Our project is still required to provide the landscape and the planter, which will be done per the City of Renton Street Standards. The only variance to the standards we are requesting is the removal of the parking lane, which the City corridor plan deems unnecessary, and the lessening of a dedication that is not needed given the narrower width of right of way improvements. We believe that this modification request benefits the project greatly while not adversely affecting the existing right of way in any manner. A parking lane would be inconsistent with the rest of the street and is not needed per the information provided by the City of Renton Transportation Department. Sincerely, CG Engineering Greg Guillen, PE, SE Principal W an of Renton W TREE RETENTION WORKSHEET 1. Total number of trees over 6" in diameter' on project site: 1. 43 trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous trees Trees in proposed public streets 4 trees Trees in proposed private access easements/tracts trees Trees in critical areas and buffers trees Total number of excluded trees: 2. 4 trees 3. Subtract line 2 from line 1: 3. 39 trees 4. Next, to determine the number of trees that must be retained4, multiply Tine 3 by: 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. 2 trees 5. List the number of 6" or larger trees that you are proposing to retain 4: 5. 2 trees 6. Subtract line 5 from line 4 for trees to be replaced: 6. a trees (If line 6 is less than zero, stop here. No replacement trees are required). 7. Multiply line 16 by 12" for number of required replacement inches: 7. N/A inches 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) �. N/A inches per tree 9. Divide line 7 by line 8 for number of replacement trees6: (if remainder is .5 or greater, round up to the next whole number) 9. N/A trees 1. Measured at chest height. 2. Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 9. Critical Areas, such as wetlands, streams, floodplains and protected slopes, are defined in Section 4-3-050 of the Renton Municipal Code (RMC). 4 Count only those trees to be retained outside of critical areas and buffers. s, The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per RMC 4-4-1301-117a e. Inches of street trees, inches of trees added to critical areas/buffers, and inches of trees retained on site last - are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. R:12013 Projects\13133.20 Reserve at Renton%ftrmitting Coordination\TreeRetentionWorkshect.doc 12/08 Renton Center Senior Living December 2013 Landscape, Lot Coverage, and Parking Analysis Site Area 159,973 SF Existing Impervious Area 137,214 SF Proposed Impervious Area 118,483 SF Building Footprint Area 43,273 SF Building Floor Area 180,248 SF 1st floor 41,132 SF 2nd floor 29,745 SF 3rd floor 36,457 SF 4th floor 36,457 SF 5th floor 36,457 SF # Parking spaces required 55 - 383 # Parking spaces provided 132 Standard 93 Compact 28 ADA 11 Parking lot landscaping area 9,354 SF Form WA-5 (6176) Commitment Face Page File No.: NCS-447593-WA1 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Tide Insurance Company F��,1lE lNj�,R' ,'eRpp p�f. F K, _= By: President SMENSE! 24, a y���"f6R"���� Attest: ,�,y Secretary By: Countersigned First American Title Insurance Company Form WA-5 (6/76) Commitment -r +gig First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, VITA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Chantale A. Stiller -Anderson (206)448-6286 cstiller@firstam.com To: Colliers International 601 Union St., Suite 5300 Seattle, WA 98101 Attn: Arvin Vander Veen SCHEDULE A SECOND REPORT 1. Commitment Date: May 31, 2013 at 7:30 A.M. 2. Policy or Policies to be issued: File No.; NCS-447593-WAI Page No. 1 Terri Nugent (206)615-3057 tnugent@firstam.com File No.: NCS-447593-WA1 Your Ref No.: Renton School Dist AMOUNT PREMIUM TAX Extended Owner's Coverage $ 1,955,000.00 $ To Fallow $ To Follow Proposed Insured: Canddle Development and/or assigns 3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: Renton School District 403, a municipal corporation 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-447593-WAl Page No. 2 EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL D OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA-99-062-LLA, ACCORDING TO SURVEY RECORDED MAY 12, 1999 UNDER RECORDING NO. 9905129006, IN KING COUNTY, WASHINGTON. First American Tide Insurance Company File No.; NC5-447543-WAl Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 1 REQUIREMENT'S The following are the Requirements to be complied with: Page No. 3 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (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 excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-447593-WAI Commitment Page No. 4 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2100 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the King County Tax Rolls, as tax account no. 182305-9238-03, are exempt. We note Special Charges for the year 2013 in the amount of $7.76, of which $7.76 has been paid. Balance due: $0.00. Easement, including terms and provisions contained therein: Recording Information: December 1, 1941 under Recording No. 3207080 In Favor of: United States of America, and its assigns For: Electric power transmission lines and one or more telephone and/or telegraph lines Affects: As described therein A document recorded March 10, 1947 as Recording No. 3664559 of Official Records provides that the interest of the easement holder was transferred to the City of Seattle. 4. Easement, including terms and provisions contained therein: Recording Information: November 20, 1944 under Recording No. 3429774 In Favor of: Defense Plant Corporation, a corporation created by an Act of congress entitled "Reconstruction Finance Corporation Act" approved January 22, 1932, as amended, as amended and its assigns For: Electric power transmission lines and appurtenant signal lines Affects: As described therein Said easement is a correction of that easement recorded November 10, 1944 under Recording No. 3427763. Said easement is identical to that easement acquired in the District Court of the United States for the Western District of Washington Northern Division Cause No. 960, judgement on the declaration of taking, recorded July 10, 1944 under Recording No. 3399762. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-447593-WA1 Page No. 5 5. Easement, including terms and provisions contained therein: Recording Information: March 18, 1947 under Recording No. 3664560 In Favor of: The City of Seattle, a corporation For: Electric power transmission line Affects: As described therein 6. Reservations contained in Deed from the State of Washington recorded under Recording No. 5051341, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. 7. Easement, including terms and provisions contained therein: Recording Information: September 12, 1978 under Recording No. 7809120814 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Underground electric transmission and/or distribution system Affects: As described therein 8. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded June 3, 1986 under Recording No. 8606039020 in Volume 49 of Surveys, at Page(s) 278-278-13, in King County, Washington. 9. Easement, including terms and provisions contained therein: Recording Information: March 21, 1988 under Recording No. 8803210475 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electric transmission and/or distribution system Affects: As described therein 10. Covenants, conditions, restrictions and/or easements: Recorded: October 14, 1992 Recording No.: 9210140320 11. Easement, including terms and provisions contained therein: Recording Information: October 20, 1994 under Recording No. 9410201209 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 9, 1995 under Recording No. 9510090749 In Favor of: City of Renton, a municipal corporation For: Public utilities Affects: As described therein First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-447593-WA1 Page No. 6 In this connection we note "Partial Release of Easement" recorded June 5, 2000 under Recording No.20000605000729. 13. Covenants, conditions, restrictions and/or easements: Recorded: April 6, 1999 Recording No.: 9904062560 14. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA-99-017-LLA : Recorded: April 6, 1999 Recording Information: 9904069001 15. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA-99-062-LLA : Recorded: May 12, 1999 Recording Information: 9905129006 16. Covenants, conditions, restrictions and/or easements: Recorded: February 27, 2006 Recording No.: 20060227002787 17. Easement, including terms and provisions contained therein: Recording Information: April 23, 2007 under Recording No. 20070423000123 In Favor of: City of Renton, a municipal corporation For: Sanitary sewer Affects: As described therein 18. Covenants, conditions, restrictions and/or easements: Recorded: April 11, 2008 Recording No.: 20080411000758 19. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. First American Title Insyrance Company Form WA-5 (6J76) Commitment INFORMATIONAL NOTES File No.: NC5-447593-WAl Page No. 7 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. 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. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured, Par. D, BLA #LUA-99-062-LLA, recorded 9905129006 APN: 182305-9238-03 Examination of the records discloses no matters pending against said party(ies). D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B cc: Arvin Vander Veen, Colliers International First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-447593-WAI Page No. 8 k F;Nfc 4 r.� First American Title Insurance Company National commercial Services COMMITMENT Conditions and Stipulations The term "mortgage" when used herein shall include deed of trust, trust deed, or other security Instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. if the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-447593-WAl Page No. 9 In order to better serve your needs now and in the future, we may ask you to provide us with certain information, We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com, Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and - Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American Title Insurance Company 2014 Rv, 48 iF3if3�iIS810.L" S��E_SA8ffiIEKL yptt An Ik CdNSTRMUT1111 of the Sum of Fo1 Th-aaena ^-111" ,•1 (416W.CoI in mend paid, •eoem.pt of wht"h is karat. acre 1w1•t'ed, w». nU D..g KrIM 13S. a widow, an my eepera to 11 upnrty as tc an arW-sl,1ri oap.bslf interest, end 660. C. 1fcvlKr9, as es:emltar I= th4 a.t•..a v' • •� ijA&tnoMg, deaeased. as to as t�lrided one -Ralf tuteros:, have grnitnr, " j_*nd_iold'and by these 2rtaWto do hereby grant, barr.1n, sail, ; •. t :� ,},hs II11ITsi j%LTRS�p MOITCA and its aesi+ne, s ?m•Arnor,l -- -. _'-_`+e_i� • : ;Y1,�htrypi�l[e3' oven' upon. ender, and adroia the fallowinr- _ �"dOhq>•ilfrlmm$f•It, ihe•County or His&, in the State Or �aeFmtngtnal W w. .'-_•ra#t porti4tt of the Cellowirig-dseoriLed prom--ty, b- _v' "hY•=';' '- -that part of Lot 9 is Section le lying westovlI aC Prtmprt � _ I- .' M*,hiay ;mo. 5. and that part of the t , of the SW.:, ,-getetlan I8 lylar earth and Meet o'f the thread of the &,mr .ni r e Lot 1- of Sect lon 15 1. 1 it weak'it-the ■ast line of Shattuck ctrorrt la ¢Oas t)+art 'I It+• ,ddaltYpn to Renton, with the oreenHon of 7h%v paw ,;:6_-------+�- �. 14t 2b dalo+lhmm bo�r1Y>rd$f a event on the •+eat m n_ :'. �_s.�-:�^:'=' Tpid��attrick Skt•e4k. 'stLch !s 2'• Pent ds star*. n•rthnrly pr +r, +awn 4eaaured at rifht an -let to, the northerl, lino =n " r}gbt of weir mpe tbw Peoiflr -�oaet. Rea lrad3 xeeterTy parallel tin said hnrtherly line of awi ti-tit o way, a distance of h25.00 ieatj ahanoo wastorly, is a _;x Iine, a di Asn4e of 710 foot, more or leas, to s poxt:• lv 1r• weat line a, laid Lot 16, •+rich. to 2+++ Fart ar•+}•er :;, rc�• islon said west line. from 'ho nortne,ly line or sa: -m of sags thonae south, alone the Pest line o: aa.i k-' . • the southerly line' o• thn rtrht of war, of said Peair•. o-- -- Sail goad 6,tmipan3, thauoe aneter1j, el^t1R a•147 r' •.r*• .1 ^— -tr s�oiet �r^ia'-ia �-30 m'n.t "Wsrla, +Rnws�•'u7 t eaatberly line, fr••rr he -rest 11'+.+ +r sal+ 41.m' 1 r^, .mod"" n snd�7 l�i�.a^ fL•^• nn•... t - •axi .-v"-. .. said rigPSr, a ru:t.3en_rL'�'i^^h 9' •..... .-._... '•erall•I to ani':'C feet ttstr•nt Sine 6R 1 rlrlrt 'i'-^e , -•. `4 mre L. tea y„r•R� . -o * te+ ' thn a•1.e ,petty e+il ari• mina - e -' 36g1MtW at v4-vag t•at.+ .- . s lice of Section 16, Tannaop 2' •mo• _- , ,.nre , polat being N. 4qQ i'= i?s 3, a its true rf rn ,'r a t Quarter seation *or it eel the emltt3 Tina of a1 !wr- •• R: i-e 1$` 53e e• a distance at t?o.S` f.et t. 09.38 back equal. 531+20.00 sheadl t.heare 4. n t tones of 3089.0o feet to surrey atatioa 562.00.Ws •near4 ;,_ 47' 13w 11. a distance of 2296.32 feet tc 1l,rve. et-••,r Y. • point on the west lice of said SoCt Lon W. said point -Ii•w 0o 021 45v R. a distance of 771.26 feel from tho n, ».••• ar Maid sectiarl 16. , prm m '�:�« i;�h rr -. "rr�`r, - 'i-., ri fa:c'�i` �' �• v.� - - •woo - milli Iflu 6N jd AMA lilEI 1W. lesaass abler alon harsdeerded l"", vhD ate Aw saki Rt: the tim of axetet ea3dlewes tiro _ y *SI A A" bliss for a talaaale aaasigeration from Lhe �an�aaLimisd grsdltOrae busby-kVOlrlwdged. join it this Instruaent for the seka am 6pe41ne VWW46 of eubordipaklng wq and all Ittereat sa say hairs lh -- _ NW grealisa■ to the aasmeat heroin Areated to Hy QliTi'S;D st+UllB or lh4i�t XAm A" lire mot enterimg into or becomltr P t1- U ha AIM dens or mmmlear to the warrpats• ocatAiwd horeln, , The aforesaid samembat end right-or,ay la for tml h.♦haals, yw poaaer aaaelyl the parpstaal rir]1t to enter 001 to erect• rspair, rebatld, aperat" sad patrol onu or morn sleet-lo poe.. misaten Iiaos, and aaa or mars telephone oad•or tn,nrrnih linen• Ing +he rl, t t-0 e erect auh poles u,S oy ,r pdrteaancos aelosaery t.r right to aloe' said right -of —ay allti ko,, :ne irya., •!ate• cl' br �.. - Safleae le ■trgetilrsa, snd-j Lre sa.awrte• en. •.h' 'rr' trees, gpyr.-�e,se4�Q •nyo•td t"S JIMits a 1 r TO HAYS AND To en:,.n the .,, , wa .�,. ,- JNITBD BTALSS JP Aft'H;La aZ-1 i•a nr ,xnn nr�. •.� .t is further upderstaod mRLapood a, h, ymlert, •t,••t •not payment of each pyrahaaa prime is aoeaptod as I.t. demaAea tmoidsatel to the exercise of alp of the rh'hta aeoen ,leg., 1. SLLA D. smirails, Joio 1t the ozedution ar L in tUtr,arwat tAe pdrPoaa of 0onvaying sty lntsrnat In and t,> tH,n xl av e-nest*ito. arty. emd OQ"Uent with the pliJ.M STVES OF V,%I,;-A tl.a, f am 1e 1:.r pangeaaad of the lands aro*osnld, sea .. a nova an r 11a„• . cad poser to sell and oaavey the same, thrt tin td n t i �iW�e'-'4eaedr- warrant a read tha"•ETEle"' i-e and the 1 1— p-, _said eaa t aSe.ihat ate 1,a 1y1 alataa -• a. a p� „ •' u:a "gr.er, sa to that pert of the aforosaid a■esmnnt 1„n- ..• is hq Sad ca River. that, as to said portion. I x11 „arrant- laxful alaime of all pereens clAlm+ntr thrcor„ ay o- Qetad this a�1ad. day or .c76 d-c, i -` estata ar AAR Jeranaedn .�.r lSEA1 to N4 skaen �-"-'G s i is son y " ..t sir x++z . •j_� ys' . cr'. is ��JL ' � •' -' • �.ryr,'� ',:, • }. fry _- VOL rr.IfH -.:,to 7t- :L 1 y eir Calmty o[ 'h f'` • •• 1 • QI ChD 7 �� • d 0.y of r : k« i � . r ., r , n � •nd •he eaec.ral F -• ea {tle• MR ,.ra . • tM* usna "I •' - OrYBM cedar mr rsn w n 4 , • f .• i. - - _ ._>rrWd& on ,,Yew' • win— — -ti' J — x� *�%�� •_tn• �- - — O• yra'�Y- tom'. ��.r—_-- ..may , Ctfta?t] �ti'' _y .e� � , -._�• � _ inns -. sF. a �9xrupje <.bnnk u:n[tdi ] 114;'ebfp Ce •t l4 fr y ':i41. �� �, '_, 4 .;�. _+714r.' �rfQnni kr� a17'r`RUYd� ha' a -• - .. .. . � . i1SpfucC dC.m''%—' _ „%�?c�;;\:„r` ��"'T�496ri'U�! 7n {�4' rfm ear ,. f :v x«.• r. . •._'=,4:_;a�7f��C��tttO{r'':r$±� r „ n._,_ed `taL [r•':s -rca •t sr-n e:Ir 're. - -_==.s�.:�,`�, �J"-jM�zGld �e�e a�,n eao�.- -r t-• .a.�� sa-° .-s '"=•"si^'�pLi-j!'.1i�5S�au. hZaa h.r-5u.lto se : m -• ,.. • •l: n y�F•>;„�= I`+ rr J --- :3Pt¢i.4dbi`tlLe'1{6y tljll.}•rAC zteve Yrl•_••. :i 4 ' ' •3 �"' ,��«- � . ' ' Mo GAr1 kztS] i .. !rm ead r t'.n _ rCo $ta Ea W i `r r' ei Y 8ediding At s c - ' �• _ %y ss, o'1 axp I Ana, 4 .�.- - _ �-,yam 1i,,� r��J-�'•. y ..1`7 _._ Y�F.!!#iS�eauNlfeM:wf-w �1.•��•.���� , so On � Tt day Y r � a•v _ _ _ _ _ - - — --` - -- T T of • r.�, , ,ere•mn�l eean ' . me�-p ADta7'f/ puhlte is and rOr seid .c-auALe w., 9tate, K,tYiy tw='t OtTQ 11 wdAiH_.g78LasA hua x ''� �EiL a� porcg�. diaorihed #fi' ` ay tv i- w•x #�:, _ my fE=d d •i, zit 11 thr anT� y7 �' SFo loot n}a.ro -'^C4l+iwA�',3:• :4�- •� - - - 3 zi/ qIW r0• '.a. -�- ;�a'`�r�. z.._r1�5-'° "''=• - - k5 ��..�a4on ,.; .rea: +a* c I = oet r try t�,a* t w w L14, .tl w.yl as Mao • - �... - e � . ditnnas my 11SLU 'ina Seal a , - ter'_'= �.ye•— �� �r�- '� . T.•". ' •- 1�. use, tit It to mtr. Th.t T. 1all, 1wrt. '9 _ ��' -- 6�srilis Pa*er �dnlsttsx� LLud Division �. - '^r-4 b.s. Pbrtlana1 QMAan - >r �riT•� - --__-_�T . ~- y - - DSBA - ft9-Craatarr, lTMZD STATES CT AWMA, rapraaentpd b7 Paul J, ]!Arory AdmItIstrator of the Rwma4llo Paaar ,Eiaainictraticu, 911 1f. B. Llrajen 5ird�at, Portland 8, Orogon, puroumnt t* Title J 16, %jLtad ffv�tstvs Codo, 9actica 032a(o), for and in conaidorn- tion of Opo Jj=drad Fourteta Thouemd, Sight Hundred 81no Oollarn ed KIghty-fivo Canto (tllL,809.135) paid to esid Grantor by 1$CO,OTT.UCTTOH'ST!4Bire&OQRPORAT.Iatf, a cerporctioo orKanised cedar i the lass of tiro United Staten oC Amiriaa, trarafors, carve,., =d gnit:2air:. unto the c1t;r of Snn•_tlp, a Mwsioipol oorpor-ttrn of the Stat6 of A'--t=h L••gtar, nil rl�dut, tVIP, an.', in'orect in anC tv 1.-, r4las, sore nr lgnc, of 2jC-ire a1-,!H4 pora— rr.•ri.- — .inr.ion lie%• 1.•ca�nd ir. 'r S• '.n,lrt�. ":esn,r •i a^, sue•.^ -di-• Prot, 3•Y nn' Lnr1•.d tr:, th, 4mn<orlr. Aoad $r,;t '--'o^ 9•�hs `..r it n, Sn ylr.n4 � '+or, �n� 71c1, uar,o: lit^ tc the +n `nn ?r"nr?n Luna `=,ir ' ^r 4slr.r.^ 1, c'nrli -+:qn narr to the 'aoordo,l aia= t7harnof, ieelu?inr onv cirau:k of C3P uDrnzan IA^•. i,9, ji, j7, 52. 53: and �t�, `..c:ashe' -:Lth 'mo-41eter �trin e nerd 1ro..rti"ro up th the terra- •trod end nlatoc o^ tenor L.5A and 26 t ,oj and ozrinnivo o= jc^r. ri and all othoi :aerial on :o'+or 4�A. �1 'Alao all r3q-oaa�--rt.s icr a-41a oiaetrie poasz - -- t ts�aV iasi lyto sr�uL-oh ky.asld t�, tba fallclrieg veL25W s,4 , 6 1. [Judd o"cutad by Lao ActOet and.Zrr1ra Asaola and An Bala Rrada nerd Perry Rroda, ta:d 11runo Cra6roris; dabod April iC, 19l, rnartrde,t on Y„ty 6, 141, in the offloe of tho Auditor of $tnr 'ourty, 1722hi-16tcn, �x ya]uno.1966 of Doods, Fh4a 1% Audltcr'e 'rite ')a. 3163115, 2. Dna,1 nsnautrd by Uno dzzala 1r,d &,'1ra ir_ola, and A,neolo .1rdd1 end :ar+ dradp, r.atgd Y*y 15, 1y11,1, r.OnHod "..y'li, I i,:, A- I. of '•i,.. Aunf„ur •r nlu, ruwu cy, x1nnlN .on, Sr- r-. v,. , 17'� .. rlrcdr, .,nrn 1. rt Dood ax-ouFvd by Attea 1'ogornro, datcd Arril 1, 11 1, rr^o r?^•= on April b, 19b1, In the orrioa or the AwItter rd' r lcr .+.r'+,, lla&h1n,tott, in To1,oe 1715A of 'Jnads, FL: a 1,1`, -la Via. '•15G3Cj. r.tM o� Aart_ 15, 1'h . - _ rn �+ .r or• '_m• 'u—'y, ,-lathl"ton L, :',l,na � l • , 7— , -o • r < A4dl1er'-+ FSto ;ra, i1r,95. io. r. Doed oxedutad bg l,eno Aasold and Znflra laealn, 1.n-oln 'r a,irt rind 'e.ry Breda, and JRCat llrattua and :ohnnra -rattaq, •Said April Yrt 1'4,1, rocoM4ed on April 2", Irv-1, it n^f'-r o^ the Auditor of Ainr Comity. rashlnatou, Ln vel ,-, " i or Deeds, ?ava 4,33, JLadiror'e File "o. 31(121,0, Meru! "A""ed b- T.an' Azzole and Zai,eI Itrol-, _ 5ratrue and nMttaa, dated Al rL1 21, 1-,1, -.+ r i.'. S oh April 2K, bill, ;'1 'hn or,"t-d of trx Au 0- +r nr 'r Count„ Waohii+yton, in lol<.o 1'466 o^ D"ndg, -' rs -, Atulitor'a Mil, 10, 11612,J,. -7. D* d ozeo„tad Sy LL eae .L. Yacr, dacrd ..,na d.;', Px 1, rewarded on duly 2)," 1'Y,1, In *he of'L,n o" r a r�i�a' .r, aunty, YA�aarT^', So Val me irL, 91 la, 1-. -1-n .-11, n...t er'j -11,• n. 7^-d Yxno'lted hj Lono Azzola And 7,eflrn Sz zaL, and A,�,facr-srs.ye,41Fn•t I, 1`j43t ru _r ^dnG oa `. r.• r', il�tl 1^ •+r o'"S— of the Auditor of ling ccui - ,,,Aeehinst •�, '- - •1a'«-ice- �ri no O-Nicn or -;in Alt`-r , "1- �• , +an sh'y .. .. "nl• 1" ,` -Ain -g - .., yr • cl i,i _ .. " - '1711 L%• t 04 a�_h inrtas, dated c: err t�,•a6,tr 2;, y' �.', dear :� -� � �- � a, llr,l, if. rh. c.^.f'4 •• oP `h"'-di- ^o^ ..., 19�Ca hin3ton, in i1ai.e 2W2 e, 7oods,ptre 4i.,-Aar••,nr'z 2'11a lie, 3196r.45, 1$. wad amec- tod by Jde Pedron, dated Anral i1, 1gi.1, r9o�rdod ou ?Loy $, 191 In the Offiee of :he Auditor or-:trg Co•,=t-,, Ursbittetone 176Va1=s IS66 of D'_ade, roLso 436, Auditor's File 110. 316". 13. t'. ode Xy.' t trt aaW-cp�ian-Yrulc s, dA*,,>d dp�+ 1r 1�x ra , r Wra..�I IM -tYr4' 4� 19!si, iZ tha afgiaa of ttlR,Akl+A OP Or, +'�^ £14, Cus�eiy, }3i? #: hCa 1, ih Yo1+:n0 lt61 ar Floado. Sara i, lira i> :$ mkno='i•h•1 by. Vtez-- ,n 'Nmorrtra al 7imt-e-ia Fvprzro, 4.x:.t41 i+r a� h]f rdgordcd an L'.iY :rr, 191(l. 1'4 chn ntfi6e di' �aa Adltc: nr nlns{ couaLy. lr"hirmtad in val:-.. 1965 a. D-ie." la" 2:,r'� AndttoY'ti rllo t1o. i25P%. 15, ;lZln ac +.krrd oy cond.rrricn praoncdle-p InUtlod "Gait,;d n; x•r1ritt, 7 :•alal'ca ; tsar ro' at Al'" Daernc t1p. 387, Sn the U-Mit.d Gtatoa Dlat iat Caa.-t, lr, aad far %he Dis:t•;at MvIri=' c_ Uiiea copy of ttt4 "A.?V=: on Daalarrttan of Mini" nnr,nrad Jma 23. 1r;!a, ba€m;, rnoord�d July 6, 1��1. 1n thn offloe of t_" Andltor of Iria,: Cmmity, ::,ahlnrra, in Voluvn 15'cl0 or .a^•_, ['an 144, "Stor'- 411a !!a. 31 6514. 16, U-106 czaoutmd tr/ „ationhl Bank, e.a Realtor of the ...-,t'� of d>_za 3.7-1--rrrth dtoaaaod, dat44 S71y ;% 194.1, reoo.-dad as Jlui; 25a R11. In the off lon a, tho 4uditor of King. Count, u7 ttngr.on, In 761craa 1At o; y0040, P=-u 491, hvditor-3 MO Ro. 3180315. 17., Doad azeautad ty Ell D. B3lthare ea to an undi:ldod aho- Itlf Sntarcat, and aco, C, ftaelor, a" ,^c.nautor or tha 15tr_ta of Ads porno, do0ounsd as to an undi7kdne "Y -bAl lntoroat, datod Oato'wr 31, I?L. racordad on D�c-Yotr 1, 1%1, In thO of Pica of L1W Aadltar of KiRr, rnur:,y, j,4111ndton• in Yol=n 2014 of Dooda, Paro 409. Auditor'- 7'1u IN. 3207GeZ. 10. Titlo acquired by cond=zatios proaoed L-.-a aatitltd "Unibod "ubnten of Amarioi, 7. 'llhoaat D. 1i111nr, ine.. a corporabion, eb al,' D'oolmt V*. 322, in tha United Stataa D17 tri at Cour t, in =4 For `ha n tor, Dicbriat of siahiaybary "Northoam klrl.aloh, adrt LPie�co v of tha "Jud,�aat on Doclnration of ^aYigge oatored ?abrasry 7, 1qL1, uainC recorded lcrah 11, 1041. iu tkn otrko9 4t k;le eadA:4r ar Zing Lo=ty. mshlarton, 'la Vol— 1S52 ac iazda, P"SP 193. 19. Dyad osocatayby'larrarot Uardia Cook; 4.itod !!ay 15, 151a. recardo- y 31, 1c)x2,'ic tha Offica of tha Auditar of Xing Co Mtya FraohIlIGtan. 1n Vol— 1972 of Doadm, Paga 331, Andi;.orla 3-12c t:ar SSA rs_ ---�- 20. Dead gxanc rod Yq Tmak Cody Jr.,, by �r or rdv Cook, ,Sttoxitoy-in�aat, dAted April 25. 15j1, paaordod on duha 11, • ' 115041, in t3y offlaa a the Audltar-of*Zing Caauty. i7ah_„^&t;, - in , cl�a 1975 of Aaaday ?A-M-42+ Audi'arta File lfc. 3171113. E1: Laad' exba ed 7� Gsxamxitt�, datod limp 19, 1cla, ivorssd, an 1"*ci► PEs_. o,t?*O.a£tio0 of the 4.u3i.tar of ..:_ . T.,: iY jG7JZVy. 47-$3h3iS#AA, 1S 70 0 l j� 4i• T104 6, 1"d,�0 33,t1a .��StbS1B,E _ .^4T +'ff,..a�W'i i.�{im'd: .Q$ " �Ra•1"'�.ti trltb. Aig3.011 of, ww; - * 00- 3 i4r C$'mt.-. -10 •e3a b salisa 9hRtr 2al,dar JGL1i1 'R14hMrd ®�IaR, (` '',' •�� -ji•'. .•-aatM9jeheY,3hlr,-*twjm* Ile ljly reaboOd a I _- ,iu #1t� OdYlAa _at fail Yuditor a2'kT.1� Cody, ifatflindtam lrt. � ' . _. ._ � - 'Y411puF x9Tg�t M�t�'Pad� 1p3o Yodiboryt �51�► �o• 'Jt�TI: . 2� Dead ua*attd b7► Artbdit,allfatr'aaae, dated FOrary 24# 194 rwd�dNdJp�31..3�,_lr$�e'Jflsbll'Saft-JndlboFro! _ 2 ... Deed 41iaeYted ihililp• ft.01 *.;4. ft mtt 09t r1'i`'; uA Alex Draft, dated Apr';11 ®2R.•1�12, n1m;d April 26, 1%1, in eha •errSea'� !Aa >Audttir go -gjbwtyy`'17bThiehtdin + -Vol~ 3.0 aiF�ildt.�+ba 41R'�ndil�br*! aiii'fla� 31 a -" '26, De'od onctautsd bS_,]a oa Auu* 1rr1' k' dated !(areb'" aW4led JpriZ'7r 19t�1:' la tM errlpt ae t 10' - - Atzdltei pd $ag.004sy "llathiadtw4-. n Volnm*,195a'0 Depth, Page 04 l�lttor,!a ;lS�ts Ifa. 3_* . •,_ - • by „drtlifv �t� SEaapila; dated irabfitary 2C. 1941, , =.a4�dld,,-t y-in �-ad'rloe-.c� .L�1q,AudSSar yr - g b hf, Ali 1A'Tdlwie,191>t5,ad!'.Diadt, PSKV 7., _ i0dif�lHa H1,��i .38'i : � - .• ,'r ` .y25; 5 Df# ezaorifi 8it4fit�` 0!a{sa Katie !*brdary 'Z' 1'i rem'` i - da:d*2'(l;,'7�n.4o1Un"el,.t19$oi7'ol tiht dditgr or Am ]by �6 county; raa ef:Daeda, Prga 151v.' -.- 29.-'Astd_*0eu-ted by',C%- Olson md`(ipai 01■od, Walter L: A'ehaltt and AMMO dchultt,'aad Louts44FarrUrtoa,'d\tad February 6, ' - 1941, xbpa 4" ci.Wy,27, 191a.,In tt offica or the Auditer _ of XW �i' wy.'WmAh sbop., 1II',ie2lhrA } of Deeda_, P'&Ea . ` - µ , 19dttortt �le no. 31si9 ► - _ - 7'30a •Wq& steout*d,b1 1:11Rabstl�.H..7hatoat, related 1-�TArpd,26, - r6vorded ea''Apr11,11, 1941., Lu the oflioe V the Auditor or ' Sin6 �+ 7; 1Tolm_ o 1960 of Deeds. Fagr 11�2, Auditor's !iI Ao�7e27. 31. Dead —44tod by Rogow L. 8andor and Lu1n 1[. Sauder, detod ?poly 10. 1941, rocarded on Aufuet P71904 -, Sn_,V- efic, elf•• the Auditor of BSeg County, ;{aehillrtgn, In 7clwLv 1Q97 or Dead$, Pac lbl, AMItor's File No. 3lS6g62. 32. hood exoouted b• ?-thel 'd. 31"rrett, dated lhiy 11+, 1SZa1, r+- oordcd on Slay 31, 19L•1, in the office of -hn Aedlter of Cc mty. 'T"hingtan, SD eoima 2 r o^ page 3 ,5, AmAitor•a File T,o, 5368719. 33, Mad excautrd b merlon A. Spir'c, :.n {.1e,,:74r of Jonou- ZnGrq:on InYeetannt ccsr.epy, and Mr,F1a1 I.. 'tt"att mad Alfred T. $t.,asy0iby CSEyd Tuao 21, iqj.l, roeordod ku�u.t .5' INN. LA the afft" or tho Atli�tcr of Elm; so=-,-, lranhiogton ifs 7cl=a 198= of Duda, Para 25�, -'.e:titorrs F1Ie 39. 31Z,7n: 34- D7zd. 9=---tk4 b7 the ft0bic&0D 6:atunl Savings Bail.•'+, dated 4eU 2, 1�`x"-zr7dod *a April 7, ISL2, !n the ashen of `�+ Aadiscr or B1n6 Eo'�%7a TlaaTllD'on, in 7el>>, 1tne al Dou". P em 667, laditorro Pilo He. 315�-jt7. *r R Ift , Ccp�'" � toi031�w► igf8 rd Derdme �b+17Sti - ,' - -- 1ea�tia�*,��r.�li�+r:Xo,'316e91�3. 36. D by oba*Ier A. apift. ad 8aeilyet of daces- 4' �bpsgeoLbF*i't sab•Cisnsr, A&*" ^11Y 2. 19�iie ��'dId � ' on > 15i lyl�l, in She a tine of the Am4ltar orIfr� leis 0°s In iralmme 19®9 of 49". POIo M. ,indltas."s P11e ¢e. 3i�ldi�. - 37+ DW QA6 Msd b7 .Tense Ram-oeo. 'dWW4 liar* 25,'2§40 re- oorded'on April 9e 1914. 3n the miles of tbiW auditor 6f , Zug Caahty, Nubington, in Volume 109.ef Deeds, Pace Amino;*a mo Rc. 36. Deed susautad by.nng Cou ty, a m niolpal corporation, State or nobineon. dated' A,tgneb 2% 1941. recorded Augamt 26, '1941-. in the ottior ac ds,'Aa6ltor of Plug a Cazaty, Washington; In Volume 1991 at Deodn, Pogo 430, Auditor's File to. 3106". 39. -Dead wwoutred by ZMtt R. PUrrill epd UWbel 0. Burrell, " dated April 1, 1941,. recorded oA April lr., 1941, in the office of the Auditor of !Ling Caunt s Wnshingtano is volaw 190 of Dseb; P844•413. Auditor"* File No. 3156302. 4o. Deed eaoecutert�y ibtry 8: Poarl, dated AprU 16, 2%1. re- ocrPad on ray 29; 1 in She office of the Auditor of ring Coenty. WnrhingtSC, IA Volans 197.1 e'f pectin. page 604, Andltor's Pile •tic, 316". - Lia, Deed sxvo%tsd bT X, i. Rodborg..S4nley Ptilrlsk,•and Franceo Pmlak. dated April 16, 1941, t000rded as May 22. ;9U, in the ofLiee Of the Auditor of King Coiplty, Waohington, in Volume 3" of Dseda, page M6, A4ditorgs Pilo Vs. 3166933. , 142. Doed esotutsd by Staalep Keomu ok cad Xathryo Kaourarek, dated R—h 27, 194i. recorded an March 31, 1941. in the ofrioc or the AodlLor at risk; Cutmty, xashlaa-tau, is Vol=o 1957-or-•Om4h -r'aae 3766, dudlbor'e File Bc. 3155236. 14). flood a;eauted 137 the Iaahin5tan Mutual Saringa Bank, datad April 2, lc1l, reearded on April 7, IVa, in the office of tho Audittopr of Zih' Camty, Wash ingtan, in Ve1sm 1958 of Deeds, Xgo-664, Auditor's Pilo Ha. 31566h6. - listed eL forkload, Oregaa. s:►ia �' - d.ay o�y� , 19 N� ' B STATI OF ORMTr Ca-ft of Lrultmem" ) 't an this dny3 cereahally= ppenrrG bolero me PKVL J. AAV..rlj to ma imc�y to he the Administrator at they@oline'mlli'g1wpr Adn ism �, . tration; 46maribed is aad wbo emejamw t irif in ea . IAraraln • - �lnetrumonte mgd•441mcrrlsdje64 at h■ a ad Lhe_4ame as-hia Free ►icd r'aluetary anti and Aged tor'the rpoaea and- uoee. thaxriil - _ „Gllsn weder spy land end-oftlela} meal'.-tlfie-_ -'day of �. ' - rgald imr at �12 ,� theroin, s - :- �� -,_.xy camtnieelan expiresi`•!/— g`'J(�._r._ _-- . oesrieyaeoe S e hereby upproaad -tM'a of --- '� 11T,1� y• ` .19 Art V. r - • A977-1 FM OD 1% CoitrpMT100 OF WE TB+J08AIM Six la1&Dm botmis in hbad p44, rsoeip of which is hereby ackaaaledgod, ELLA D. shtirmttS, 07m Aj , the wife of Otto Vimisen a3 of February 1, 1942, BIh14 p. ItlEISM and Wn INGRjX UjM=, itw whin of liana-F; Ni-Qeaa a4 of Fobtanry X, F 2S42, and Otxit46 C. WWLt t, E"rmcutor, of the W111 of+Ada Thorne, doaoaDtd, county to AYY6:hhS3 PIAKT CORPMTICH, a oarporstion arcotad b7 an Act of Con6"ds ontitiod. - "7lwonatruetioti idsrsaae C•orporatiati Ant", awroaod famLDr7 :2, 1932. on a"ndod, �"{ t erd Ste seeigos, a ptrmomnt sasament and r1j#tt of'ray not to Olcv-d IC0 fast Aida ✓ter a.sr, upon and_aerwo the follmdng descrjbad larpi its trio Drunty of King, 14V 6tate of $sahingtm,'to wilt That portion of tba follee7,ag-de3cribod proparty b-kng thzt part nr iat 9 la Section 18 1Yisd xaotorly of G+ d W NO, 5, that part of the 04 Sq of 3o0tion le ]glru; aotrth tad rant of ttsarthroad of t?w-ak=nal of Dlatk ttiv<n i n57 �iC T&i�dZ'8v':187- and that past of fit 16 of SOCtion 18 lying scoot of thn watt ling of Shattuak Street io Sadthers filth Addition to Robton, with th-3 um - caption of that part'of said lot 16 4000ribcd as bogirming, at a , point on tba want line of acid Shittudr Stroot, which in 25 foot distant northerly fr=o Yen nrtaoured ht right =91W to, tho ner- thor3,T-lists of the rJeht of any- of tbn P4olfic Coaat Plnlmad Cowpony= tltrrtoa wwtorly, pamllal .oFDaid nertharV iino of aald right -of coy, a dietam4 of 425.00 Umtre Rcatorly, 7n ra ntmie�A litre, a ditr4--joe of 710 foot, `T Uml, to n -pairtt in the a9t Jiro of sell Lot 39, WU& in 265 foot nortbirly, -,sezurod clans; . bald meat liaa flgn th9 gort-h3x3yjiaa.of pad-rigtt. of srtpj th-Mal _ - south, along the wasp 11co of enid Lot 16, to V-a aouth*=17 11ra of t44 Cict of mp of aaiA Paaifio Count put+bead Carµ WW; th',uco onatetly, along asid eaatharly line, to a-polat which is 79D feet wmaterlr, roDaarcd along said eautherly Uno, fronkla wont-ltnaoP - _ - a rao j L e a© 223r ai right orglaa to said ap•�thsr3y ]ire of said rf t of weyr, a disttanao of 50 feast kt rrtf— anetor33r, parallal td and 50.feat diatDat coutharlp ftoW file DVUQDrly line of nald ti&t ainaq, to the neat lino of Stattuok Straat; thence north, alang the cast lino at said Shht'Vack St"Ot, to the paint of beglwdngi aid Cato excsptiag thn3t part of said yoh'14, daaerlbod as boundod on the north by the tint of Bray of tho Ctsfcf§D. ALbraukeo, and St. Frei and Paaifia Railroad CcmpwW, on the coot` by Mwttuck Btroet. on the Dauth by 7th A4anon fproducrl) cn platted In the trio of R=teo, and ea the rdnt by Prlmry Scats httghrry "0. 6, all bCLMC-IM BoatiPik PB. TorttehLIP-2 Horth, Panga S Eact of the 1X13=ottos Xqid1m,,'ti*3 Cmmty, Faohingtont which lice Oetttt- wcRter]y of tho Burm"�llo t%cr ddminiotrationr0 0xietlat3 250 feat rfgirt of say fir tho Catitlgton-,S:•ott3A trarlodsaion lino, and aszUs-tcru of a line ehich in 162.5 fiat aouthwaatct•IT of and hxsre13e1 to the enrvey 3ino of the Coalrotpao-seattlo trrsncminolan id_aary linD is particaiarXp daccribed to fQ11C. E!EoMdMg AL F=►67 station 63U16.03, 8 poi at aq tM-Dwth lie 8oatl= log Tpsnsblp 24 Iharth, Aastgo 5 Seat of the Yi1l=atta IGorWIM. eaik ptdat being N. e96 171 37m E. a dietonce of 015.25 _. flit frto the yttsttor aacUarj ttmt'nnw on im Dctttih hoot of Dodd —..j Baatlan 10; IMAU09 3. 10 289 b-SR W. a distance of 190.65 Scot to T Y : 4 %satvoy station S W11.V1 hnek equnla 141+ 0.00 ahead; thunon N. 310__241-45A 3l.,s discenoo� &f 5ba'0.06 feat to nurvny station S624M.001 tjnnce N. 434' 47 t Lap W. a distart;rt of 2296 .�; fact to au=v*y station 584 0C.52, a wAnt on the wont Ifto of acid 5aotion 18, said rKlut being S. Oo 021 05w ii. a 4intu.ce of 771.74 Scot from the ttorthroot corder of opid Sachem ]1a. Th.)shore deeeribodk patrol of lard contoina 4.4 ncm., rurr at• s lobs: +A tn.publia bigh"; wburaute for atMalra, drnlonFo ripoa•- alnetrio trunamiasia.n Lines, t-tl::phone nni toleerno, Linn,, an.l righta, if atp', of the Stints of Wonhir>gtoo in and to tho l.a.rtion of said premlaaa lying witicita•thi, bed of the eljwY Rt+ r. 71an afocwaaid awinment nnn right of qIN is for �tr• :c'_lr+inL pvrtcc.t rr;moly, the perpetual rifilt tc OnGat And to Gract, 7.'%jn tl•.1,, :,y air. t•i>t1ili, pp.,Vd�, ti pad petrol onn rr Tciw o].,,ctrlc opwer bra .ami onion liar" And MF"r u.nsnt siF;t:ai . ii1Ha, iztcudinjp. the right ft*a eL such trap_ ::alcn Uns stnlr:nrc-a, r:irnp, Co-i-0, - yuys, Anehera, and ethri %PNrtonhrz�ti as are tYactaoary thilrato; t`a Faafil.,3';•ith; . tC 014ai' enid r-I&L of vav and keel: tho son- ale rw.-. iagel.-,��..-�^ra till 1•: ldsr{h, =t' trd a11 fire hvz Cr_'?s; arrd •hn rl jfrt. 4o m*'�i.ve danvnr krega, tF any, ,�i�°:5 b+ry-C7fd -i the 11-ita of ."'d ri r$at_ cr nay. !' ` All rraar, ;incur, w b 1d;nFa rr-mod r+:r-utlt to the tar h,4rnoi o-, 4 who Property •f T%i f ult, Corpwntlen rr 1:3 r, rraj=-, and ,n� Lo djnrr-4- ' of tsy aa�e, bW 13 na, or otherni se. 711__ rstrtnt is e—rut-, fi,1ta•n 1`unt ,.4n_ ff corr—tiil, the SG, -A) <k•i,- kr€ trlPtiora c-ntr:lt&l-in the tranivis:.ion 11:Ln ak.sea•tiL herc•tPfere L4i•:ute,1 Dy !t.•i I vrhntora hersin to t�,a gruntee hereto ar ,.etol,:Y 1C, 1944, r':eorcicd is tha off,{ys of_—, _ thwduditor of Y.lrr/Grnu11.y,.Tia"[+h:;t�tcr., h<rrenbnr 19, 181/., in Voltra 3CM of $vds,� palls 41, Ano915ring lra, 8:✓7755. - N - . - `M'UVL ANL 'TO KLD the oodd aGnatent and rf¢it of 7:7 unto the Dnfnrnn j i _ F7aut d"aa'porntlan and its eaaj,Ms, totxver. D1TO thin _ lay of Kwaiabor, 1944.// Gtargo tthoa ar, aacator of tlm V111 or Ada Thorax, DDcvnvtd _.. _ "�---- _� +r R17n D.+S:dtherA J• - i Otto Mo on t ' F Emc at, "s Lo f / r Mzw P, FSalosn T �7Beas1 Iron= g1a7 ; x « �F• ' , �,r_ y�i -: art _ On thla 4W p+r*ana17.T apjlnu "d before me OTrO lll=,t N u„ s ANxJI = WIMM, Ahr, *If* of Otto RZalem an of F+bruery 1■ U48, to vn kabom to be the iadi.tlftas aasar-Umd 1m agd aha ugvwfod tba wItbin rttl forarning ktsatro;,nntr imd ockoorwpd that Ma "mud thr ruw as heir free mud volurztnry oat ant died, fat 1b} pros and purpmq thorain mAntloned, A DZ a wrlm•'TV han3 and off _icZnl rcal_thla � �� •rry Fli�ii e ! n ra,a I'o:• thv SLata ' P +7ao`.�1aNtarl, r.•zldjnK nk ok.ttl, STAT6•UF 1Q! 'rilllkl'ON Raj , WiNn of KILO J Cn this day pflraagAW anpnarad b,r41'- ra _ VT;ift'7Q'Yi-of ids Tuo[aa�-- RCasaod, to m knaan •�.: s"mac.•-.�^::'rR"r.dp3Gy%bG<i ._��,,.,µ in sad r!w exoozited tho within and roragair4, li,atrumen., sad acrl-^J,Ipcd thsk ba ClPad the atae as bin flee an3 voluntary 4lct, and ,ieO A, for tnn .:.. , nr..•t Fllu•- pmeo tharoin nant'msd. Given dMer rt hmd and or-ficin] imiZ :is i�- :i i,�+�tr•-, ly?;. Na,nry ilub.Ua 10 aryl Lar t4a 5tata of 7aaiawvon, roedtnZ. ao Sntitle STATli CF IIpg:UP:p70Pt Comm OF rpiG On thin day poromal2y arfp6,, e:l b•+folri no to kntsI to Ge bile T1141VDAkfi1!Mcribcd in and nr. nx,.(mtc.l trio ffttlrlll and fora-_ i gvZng ]natr—ai1t, aad aStnoaladgad that sbe aZgnod the zi 3tz no hnr frea and ly*l=tary oak =4 dead, rGV tkc z:aas and purpasc th6n+lj3 mnt'_imada ...,. Mvcu undor ry h=0 and nfficW coal tl,,tn �� ' _ dny or T;vVemb-Ire i z 0. Notary 6Lhlia in and idr the Sttto of Tlaehingtoo, rouldlr.; at Seattle I� _{ i CAM Cr WASI1>:tVkN . ) pet CWNii Cr RING r, On W a day peroonally upp oar4d Worn Tae IUMS P. BIEiRE)i� to qa 17MTer1 to bo the individual dauerited In and sho oxouted the Kthih mgj foregoing instrstsut, pod acknowledged that ba pipw+i_kh.0-nasw as-b7r.-Fray and "3"ACW __actsla3deed, for ktin',ma$ ind- urpnaos rhrmMn rontlahed. rr Given Lhdar ry' 114W Arid ofr)F,xpl arrra tlje '�� T dny at Noreahor, - 19". _ Notary, A,t iU c ) n tuxi Ivr thn State .11 �•,(' . of itnahWrton, "*I'll nit rt $nnttle r ST�'E CF Yt9N1lCGTaI: } '^ ^"�^"�""••�4•— R• 1:oUb?x t? K) 4. ftT !wee d v al:paa--nd be:cra rr %hlLI lti,dtku iFLE1:4'h'j :he wife of %wo F. pjel�er ao rf bebivary 1, lid;,, to s8 known to bo tho iriividurd _ dnscrlbrd ir.,wd nh azrru:.oc thn Tithln ami for94vinf insttunent, and ack,vwl- edged that ahe sitgr._d thu +ace an her free nrxt volmntmy net rpd dovd, for wo ttt 9lC9 tmd imrpobuz th�rldr .7rmUnrta•i. J LSTrn var.#r` a 4qA yH a_'Si ci•a1 era] t:.is day of Navevt r. �• 1PSri. — y Ndtnrg Fubl'r� in in and for tha States -- '- mossommocummElm rrrrY`• QUIT C',I,F1IM DEED _- a{ IlK ntg of "'3's' : l i . Okl ill if .tart tYf WnhiVele, far the fol mdr;atrr„ t r,f r i , i Y •. - r , , ry t 3 f _—_ _ SL..1iSLf.1F-1al.-GW4�-r T--��NFyn�ftlilr Rl— tU r . AI s,r .. a .G rht 1. L nt ruY; d..uri..J rrai , raer�m srr -,41" • 9 i � si'rr rvl tppdut n i — i 1 i Talc 1 tl�u 1143 41 _------- _.. . ii-}s•�=hM L,x nl- r � . , - � � _ 'Y:�7-i ra+aF! � *� iATit-OF W&SIH VGTON e t ` t herrhr rtrtlfy, that on IN, L rhr utrderrt¢ ted, a tk fart' ryafrlLr w Id f.ar !br ,taae nI l' 14 r i,rrarn9lly apiLdrta hefure um c .-4p,f�ttex tar ox Ille India lual tir•..rihr,f m and x 6 i:r iirM !Lr f.url—llf �rrt+numrnl. 4ml acktbwl- • i' ,:.i a: t ap.f .�,t�r tl,c •-,nle a• = trrr ,r.l r, dunlx+r xt ind dred. tut nce }at�rrujc�fphry,r+..•, th.frm Inrra, , a ii ti WHY ,ecy. utt,ler my Laud .. Irlh.t•I vdrl. toy :lnli 5r.lr i,L•I afWrr"Wuurr .• � ` �` •, F``R� �~ � "r it.-.n F'u!ILr ur and fur lLr• 4atrld Sti'„ hh, _ IfAt�.. rr:ul,hfi alr ,.wr. , , Sl m rrl a3n Ih,, 1fL, .,I EMI y • L.� a.•p. r„I rpr , It to lur j<I,,.Liel ,.. IR rl . a•, 1 o Uil i,3utalr nityl r 1. b1 ,L, r .. tl...n „•r.7� r , v, I ' 11.IK• I I,a Ir L ,� :,,.I,•I, r,- LJ,.Ia I. ,.., '4'�I l� , .. .l r,� r. � . I n •,Lry ... ,1, } r 1 r t3 C , — W 24 PM 3`27 i� r �; �,. �, - `r; s `r, - J 1 - �aql 'ar .: :. fw s . -tics g - t ;�< < - • ., . -. . Zo + .. sty' yc ~!"i'] � � .. '� - � w• to -.. _ _ -' � . t.mlk. 'tti 1^isY _ vk�.,t '.: F„.y� }"r*1T,.i �`•�'��! �rl�r�: :<...f: r3 �=R+:� ky�. i�'�Ji'.=."'S v�'.'h`��i t3t 4W Q .z T4 .f, r�tyir 't$'+ u*dAiT*>cc3 -4a. 5,nv 3C -°'_.. 3.•;..� - +, . rj; @4 � � MEN wl st, Ono"" ��i fq't'ruiry on P -ve-cr Uk �11' hf- 03j,' v, �W�1-46d t-1 AYT�n u;a zy pnl: c Aj"i!Rd TV, deuwl&c� laz in'th-f! "j*rt�- rt� 1 o r.,At7 'j'.4 4e at Wj�.y V'r B� . ai3k Rivor bkwxa , as + 4t mtt Ztrowt. I-r- Aliare AM Ado, on- a-AmktA'-.*0 VOW -hriihw li Aw Lot XPA"C 'tie ic vn,:��a�at - 04 Ask ...... ..... :. =r A �r .._ ? tS�!flG ` . -S�,iiwE$a+fir 7, i Ty pni„i�n�f}�yi .¢ax3 4G ?1rdjlSway &f� x M ,.'%� x 3 ^„U " 5 a Ua#7�51 sloven x t hk .,a-...•�" . �, z i . rA ,_ ,,,,�i�&. ..--L.� ..,._--F-' z �5� � �- "''t' t7sY,"�,c t4.� _�°t�€�"�_ 1jni _ ;+`.: jyjiSiY: Paz m mad c an _. S 1.A _ .,�---- was n�9�k-s'..��..�'�4 k'"'��.r} -rJYi�:'w'"i�`�� ".A:�.y -r,, •. �y j.. ck:-��= s, ., .1-ti_ ''.�, r w�. - n It ♦� rg a "`i ...ems-'- ?. :i _ °r __ rstilt -, t o�.:yy �•--".i�i� "�,4 't -Yer�� %'4W.i§ 4'�Yr�•.L y�g�'��'�'� t,�Y4•-.� - '.,{- -_ iaai:J �� �$'gR ��.\Y - Wi'L�' _�t � •� ii4+e � *rE1. � 'iM1 - ? 1p „�, 1L w:i�..Sl9l.�i, i!4�-a - SA . and b'-:£, .:.ZBCl1x.. thvt �- F ry 14 mad Wf 5 a +3l�3bribbd it and *U gm0c74Coc 019 within &%_':r and sch3!t,,vc3,a4$Mr ttw shoo asfgnm' She aaae s.:.a c,w *rye §i- , bt ' a.rn ems;"' , _* �- F # aY,- ... .. +!.: a'.'al.; #�.;-� - a'di . _�L 3' 2xh1 ..=•3 z _r+ f .. -. .��: ., n .a r 8'llcL�iii3}MKi t Ada -App&wva borer's IT r'44-s ".. Y!,UL8wa t r k.'#d 17yAa f m3as.i gat mT',: MAK was ".� - aW asza a are, tod `_ _ Of fi 4i&I $8a-.. 13:!t, *f Z 10 -�- v5 47 wsfcwALU7 ��4.'=��recf .ixrfur�- �a ""C3 p,; ��'`' ter ME tsinFs: t6 y }.4 tr i ►. si sei kse s� as f ' s frts va3tr.wLry 2nt and 'Qi "t.''As" and mirp-mm t"36-R!- day a5 $T'fCersku - TIN thn ;r>rii.aiciI%*l u�t asp,€ W'd /RAMLN11P. C1.4 "tit2 Lew �4' t+J r issi .7f3.kL ,' 'g i; &Ao !�tlC>'3ip °9F 'wP,ra v4os and trrn afar : fia 3 ssx= c.;, g An3. Am .:+5r �a Jfcr is *a #. s -� r y - ' t 0, **' s BMW U'v ��' �"' i;,y�`a, �'� z * � G4 b 77, F Y � fF 74 �5 4'.i .r T;,- -. is A:. Y'' ilr a_i--t pfKe A. Ly _ yy� TI �i�O D �44IV 1 CbMT OF alp FOR XB8TTRYC'P 4W #: (."- KC" DIYISI0ll _ E. -OF WMAT / AING C.O=Tlf, 4 MIIII$ 1T o s is , - C3 7_1 ` lZ .'tea - r,`i1Li$+ i . _ _ _ z _. _ 111���• p� i Z"Am OF OTTO =Ums and AM InLm;, _ y II i• Ingum 6,1d Mn .YsrA- - _ , :.r.. •5.' • `}.•- _ . - 16 '�' �I$��', his'' wi to � - ... ' � ' . ' -" - - � -- � -�tiD' c3�' g'� •' �,. h" Wl�aj . 2D I ✓'40liN *DMi - 44 UASM- WOMS, b'ig -wife '7-IMUM r,,J= sad KM c ATUZO-22 2 IS rGI@]'a 80x#OSA 24 Mal dnj_gtAM_fl__ bit Wif0p LL CJALL�Y dm o0p,�.. ' 28tiA ' �9 �� �: ''xis,• s. �3da+ar� _ - � r ._ >a; r .: � - * 30V/IS CAI JMM =lup doosaceds . 32 �� �4n:U1•;1.fii�riiCiT.,Q.f 'ii18't:. . �Inputy ;:inrka mu mtujeabooij lust in lqm� ' fi�► 10 ad 4i .. _ ° *' a . e�+9sdsars}tioa�,=to fiF a #at'of its.; t�a3►.a i!* a�►� ...�,1-•:I.,irs�.a�•ri�i�ot#ri�y:#�lrei�•��aer�l3evd..$' �,•� - aid _A&W' Dsaijira #ox� 6t r 'raft 'da!' k tjesli Tim tha. P 'tiom Sa 'caad ,� 4rrthaae aif` t1m 1'Wa NOO&it_i+r'Uts' to A*qu3ro fir tied -statui, ths 17 dam: iser# �4'eiti�ssn. }; by aain for ties lMrp"as "so rim % said 2Q t_ 3, TM#, a: Fr6per disc_ rX on e� I pU .21 ,1M4e M94., espm-. nleiah gas . > S L = ' •f ' =., .,_ . 22 �� . ��,# der ��a �+3�i�ws=t�si�aa2 , � = .. - ' • � �; :.2 ==�:�':. • _ '. ?ice#3i�i%iv3srwifin" e4Y t *.- =- - -s�(leada" -for the publio�mse,: 26 - T - - _ , . : Se ��# � nsp .tMir f►�#+ ae�epr34i� :�1;i38- �s#i��'it _._�' : ' _ 3t ae �3h1t �8e �►nd referred #e iu # �sel*ratlm - 2$ 0 TWdft ti .30, _ OMIT mddM*od by the See r+�rtUw mij'qWPX*tien, brad y ftu b" A* Ia3d, Oux,t o beet do sit tli a R it ar�r "thi _ o' `y f� i13 J adtlssd is tho . 40 or AmovUs:4 - y . • -:� f:_ : pi�peltiw� ri,_ � �►g~+��e�sea�nt~°i`l{,: �� ` ' war... - - , "- q.. ; -, ..., ,•,. ' .. ' _ `_<< .,. • grlhed�-#gbi'���s 'b,e.p aoh� _—`_ . .. _..::_:'.^-. i _ _. �_•:. -.:._T,..,,Y ----- :_ _ - -..': 7, for,,'ha lolluxr_ _ `i, right' tossil�ar.. atintaia,` re r, r�i id i► ,� v - -. — _, r •: -._ : � �, �' !�' `� ''CAS; O� e3aotAG',Prer tra >�tEaf on iirssa, a a 's not a�eot`�etie�" tG•�DAM�fm�L line #t ruot� arrea, ;edd,_. a8ei�or* yl_ . aivA -othar:appmrt as .� rl t_of NiX a�nd-] �. #,ha.aamo•.atatie .yam „ ,` `s,. .�ht bis�r� 43l huiia: AiI f �#! =�: }�e r ' mve irk - _ of Ra jd i-- h . ^i.:. b-t�o[tsaor �i�i'd�,nge raai�noeed i1�X;'.bsaa�s a rty of tho',iJaity%'$�R�ide of �� 16 d iare�€ la .ba _ All _rigfjts ~1- rai 'ante a-QhJeat' to tha '� - --- aofealtt'i :? 29 _ �"� 4 � e - - - 'r.. Pigs 'rd►�aa.''aiyt��# •'-. for iaiu i g kii� .lines" condj4itd i 'ig¢tiOn K _ rl tg Of �y of- publU, uti�,mid, rid .. - 'f r _; ..•_ Ian' 1 ., . ubci to °n,7 �UQrL of Imtor a 22! �ratAir, any oUY,; t"M ar d - ' * ' ur ti € strict i�ad g'c�h je nt to ate _ r}' or mattcrr slat = rI *' 24 to ry chit the •]atvd_lil, liatttacl. d = to<f sp4�►ho�i 26 riph�•oi':�ra�r-� ..... ...:n. �. - .27.�#-. . ��ou �a.ia deso€ib�d. i,a• ibiti'ii�'.+�hiUsr.�--,....- ' .• �. - _ :..:.... PL rt • of th#a .. lS?IH7'::R MPb 1 ztd DBGREM that P�sre;si . :�g� � �` ths,c►b.,�i�,scrihud Ias+4i be doll,ii+r�d go �ietit4o�ir, �Uits4 St+st�a - _ to ' � * � J1arrl��r : 3a �f lip 4i tb =de the p� t�l rS&t of vra� and eeea�o# earl -bad a } tI __ borZ_ - -Z - w#sd- bpRaw gums BE Ack'.0 4 L - _ �- t.�ri,,� - , M. t 711 ,: fn; •_ irL�r, .azm'!y" _ f �` T ata:l.fat:'.`' a; �: a: . �=�°� �• v�l fir, tr U-6iLr� ; 50 faota right of -;,•::.1,y`hr tb� GovinEt{gin--,>P�t,t:,�6' , Mips � -of'a fd.:atr�L;a L'_1�6g'.50 feet ulrtiant f--)ji-j-•ar7'•5 tk1 :i Lz r` IL ?�r:gIna- "ng' h. �q pa1.i r^: t�;t, :E::'t'.:afi�. tr,:�rlcsL r;, line. �£'•tn� t�Lifsr ' +� i'3lEr7t C,c;i`yYur�r tic7ti�s 4xoutr7 .Tt • rr,L? _ k: •; r tslt�l. ":i t�., r(54 In - . ta;t 11n& of ��$ oRk.4 o£ Rcl-nUn k•.i.Ak#iI Iri's�fCt Li4197t, `f`LGS".r �:1" rj`i`gri �rl�T ` y y `X„ xY -:xiri -point b4� ih "' f, l_t�ft,.r.*j� " k �` , �,. sit. 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Vnitod States of kwialO izC Ala pr neippl office at SL%Yarm s aaa me Nx., City of VaahingtaM, Zi btut a M!HbXStAM of the Wgts of Washington having its-4nnI—I p}aae of nusineaa-in the Clay of Wa, QQ=t5 of nug, stato of vashingtan, as Grnatoo. IUM WOMB PlAnt Corporation, a 0OrParAU=-e.UA organised under . tho Ian of lee-t4dted Status of E1�gica, and alrsa having its principal office. at ►o 3i V[:, City of i'tsahingtDr., I7iatricL of Coluckbia, cCgnired cortain probity and property rights located in King County, Washington. iM=, pnrauant to Public IT. No* 1q9, 7M Congrone, approved an Juno ?4, 1.945, DoZVwe Plant Carporation was disaolved affaativo' u3 y i g1j, ,Jed a]a of it functiona, paaera, duties aed &Alhority, togothor with ito doeurtents, tonka of necanat, records, ascots and liabilities of aviry kind and paturo.- retrc"tranaforred to r- --- 'constVuation Fidame Corporatiox?to be porformcd, axoraieed and udminiatorcd by Rcaon- struction Franco Corporation in the sego manor and to thn c=o extent and affect to if ariglnally vested in Reconstruction Fiwihco_Carporatian. M xd-G, Becooetruction Finance Corporation, 4rsntor heroin, is tho oaaar Of all Property and property rights desexibad hereafter lshieh voro £o=orly ormed by Deisnea Plant Corporation,' W76, THEREE-ORE, Rocohatmuctfap Pl—ce dorporation for end in comidaration of tan "da71a1a 410.00} and athor ira]uablo canaidexativn is b paird,-reoeiPt or.. rhich is hereby aalaioxdedged, conveys, transfers end gcztt claim9 to orantee all ri"^ht, title and intoroat in sad to (.A) 3.4 silos, more or l,sao,` of doublo oircuit stool tmmr electric pacer tranam1brion lino, (B) 1.7 ribs, r2ro br lees, of eiv to Cissuit. etsol, toner olaclav# p=w. tra=minaion 7nino and (C) eortain proprty nc- qulzod by Great" ,m lcr dsede aW comayanC93, located in Sing county, Fashjn ton, Fa3'ti"ly desarJbed as follesa i n Sold 5-4 rileG of dabble QIrwit t3"... u;2jzsial7 '1 tQ extendpjouth a*d aqua MMUVly 2yxw Pr-taala "taaSa=LBaion Una saver �i ab4tlera 33, rap 24 palLit, iiaa�o S 8a�t, is � to tGser.8o7 ,?? *ithft tho P*WW Benton &a 4 tj= o f is Riau d Penton vidw F,3dlit3-j a rebd3v+..sion So thq Ma of $action 19 45 t W.VA, a 3oedW in odd Beati dIA SwUlm - I'm -7 .A A. _ B. Said 3..7t3aa uc asag]s rlativtt Galan lfno .owe Bray _ Sno tinter HA.-31 to t toers trznamumlon iSM +Amur #� $1oa1c I, EkrU09ton Aare Traote, a oubdi►iaion in tha Ng} _ r Tewnsh4 23 Vortb, Sanyo 4 Zwt, 14.li., W is located in Se4#ons 30 and 3B Tovmhip 23 north, • Rmmge 5 East, W.V., and Sa 8satien 13, Tctaaelrp 2 _ oitmyenoil copperxbtated pRu toeera, throb Cwduct*rP of e4uivaleast, +dth tor,imi.t mspanaianAppovhUev oaci d8-3n tpx unit trap+ etriag Yoh daadend G3me4blies � Jumpers n _T vend tpo c0aduato daerto-ad saeamblica andt iumnorp rst tower E2 - - - ¢• Certairi'ProPertY acquired by the 0rant?r under. the dooda and a nVoyancen, • �o'sritr - l• Dead from Reconstruction Finance Corporation to Defence Fla-nt Car- r _ porotion dated FobmU7 24, 1945, recoxdod on ]larch 6, 1945, in u the office of the Auditor of Ciag County, 17aahingtoa, in irolume t! Y -2313 of Deeds, Page 599, Auditorrs f+'ilo No. 3452" - 2;'-Deod executed by A. J. Burnoy and Anna G. Barney to Defense Plant 'CorP-tioa-an duguat- 14,-1943, recorded on August 1B, 19430 in tiro of ice oC the Auditor of King County, 17aabingtcn, in volute 7.156 Of eda, page 77, Auditor's Pile No. 333oG54. (Tract tic. Da-,) 3, bard oxtcutod by lotus F. Snyder to Defence Plant Corporation on September 25, 1943, recorded September 28' 1943, in the office of the Auditor of King County, ►7aahjngton, 1ss Volusa 2166 of Dcads, Me 31.0, Auditor's File Ro, 333Mao. (Tract No. DS-3) -- 4 - 4. Doed'axocuted b7 Lyle 1t.n tt and Sadie FCcrttt to Dofonso F1anx P Corporation on lug;sat lb,_lgl„3,'rccardcd on August is, 19G3, !n the office or the Auditor of King County, ",S1•.ington, in Jalums 2156 of Deeds, page 75, Auditor te File Nei. 3330053. (Trnet ..a. 5. Deed executed by 4718 Yr. Ae itt and Sadie W. Hewitt to Defauao runt Carporatloa cn August Al, 1943, rocordod on Docember lo, 1943, r in the offlee or the Auditor of Hies County, i'lasbington, i.g Volun? r 2186 D )of Deeds, page 454, AU41tor's File ria. 3353940. (Tract ],-o. 6. Deed executed by Henry Wi111sma tic Defense Plant Corporation on October ib, 1943, recorded on Qatober 19 1443 in the nl rirn ihs A,,.iar r 1<� = Q hU%W. in Yolum 2173 of Dacdas, page 1, Auditors F`3& No, 33425gB. (Tract No. C3.9) .� 7. Deed executed by Soap r l Aulto IIrsula 8g sg=' ale �71i Heath, Iona Sarin n, . , Lao1A Lr. Semi,-HerSprt E. Senn j Sams Ssransan and Nallia Ja Senn White to Defense P1ant�Corpooration An Nova:bor 14. 1943, recorded an January 26, 19440 in the office aOf thO 7G7�rditotor f fig County, 17gtc aehirin, in Vlo3ues_21� F11a No. 336270S. (Tract r�o. DS11) S. Dead executed by Carl T,•nxlnno Johnson and Aqa Johnson to _ ferso i Mant Corporation on January 5, 1944, recorded an emery 22, 1944, r In the office of the Auditor of XI" g Counr;Ct.o ty, Wash3n, in sVolur� 2196' of Deeds, pggo 432, Auditoria File No. 3361857. (Ts=eat No, M-72) h � . i� ��"�=4• �i... ,� � -rri�-.w.r-""�^•'1_•�, frfr'�RFd�efi! cc'" Oomv, cn In tr6�7msa 1 1'49i Avi6erIa FLU �0U. 8st. 10. Dew iseq�atid !Q em—dot T--F 188'i �A Ow _office of As14iUr Of '3 M CouaV, %ab3.vom 3a _Qo1a�d t 'at DmWWF-lMgn }dBY, Anditorb bile No. 55389604. RG. ~ T U. Deed*awaat�d ty ffs=7 Theodora rAlwrorth to Defanua Plant Coxgar`. e3i•0o on Aug4n U, 1945,•raaoeded an $apha=b' 3A, 3945 In the ' otdo8 of she Auditor of ling County, Wig, in Volvos 2162 of Daeda. vMea 4p8, tiatar°s File ate. 5536M IN Ha* Ds,16.). ,a 12. Daed amwatad br Itaage B. 8chahrta and Lavaiue Sahsh t to - - Da%nae_Hunt CmQaatictt,on 9aptpaUr 4, 1963, racordad on Septom- bar U, INS -In tba aft'ice dt the Aueifior of grog Con�Fr 174ahingtali, --- in Vol= 231B8ge ,af Doe", pa454, AmEtarra Zile 17 6SSSO$. • (3'iavit Na. U. Deed wmaWWd 1*_ J._T. ingltt to Defenae Plant Corporation on September Ur ID43, recorded an September 25, ]9 �aflYao of 'the bdi4or of Bing CourAy, Was-ldngtar, in Vole 2165 or Dcoda, page 50, AnAtcr[e 711i No. 5557691.(Traot No. DS-19). 14. Deed exeoated by Rmwy J. MMI=w vAct Misaboth Fury Vani= to — ---- 4w-Onea F rA ammo a -On on Sopte&ar T, l9a, r6Za dcd on • , September 16, ' M in tho office of Um lauiitar of Ring CountV, ftahington in Valium 216E 91 8eeda, page 575, Auditoria Mo ':a. 5'JE5775. lZtaoa No. D9-M). 15. Dead wwnUtad by abbart D. Matar aad rit0 E. Slater^ to Defense Pl,ent Carparatiaa an Ootabar n, 290, rocorded on Oatobar Yia AS, 3945, in the o a of the Auditor at Ring County, %ehington, in Pnlcrrm 2170 of -Deeds, page 29S, AudlAarIa Filn Ito. 5541248. . ` Treat No. D9-21). .16. Dead axw aced by in Lc Pocme to Dafbame Plant-carporatioe err Sapt,=bar 29, 2M. reoorded an Nawftber 24, IW in UA pffice of the Auditor of Ift Mold . , a a. 5550590. (Tiraat moo. D�4), - 17. "zed azooted by Iia ra $oavare to Doiense Punt aarpmation on QOPU-bor 15, 194S, reaotded on iT abor ?2, l@45 in the aMAs of tha laditw dr King awnty, Washington, in volt�e maL of Daada, paC' 623, Am#ttrta Pilo No. 53MZ20. (Trwo i%. DS-25). 18. Mad e;Maated br Benarip A. Goad, Itolair 5i. boon, 8aae -W. Dyaas, _ - .*leas IL tolph Tad it, SCocUa and Dorano FlaoWo to paianaa Flarrt 037paratica on Sep er 23, 1M,, racarried an Cotabor S. 1545 in tLM c.-Mod Of tta Andi•tct-vP ling ['aunty, asshbig on, in 4ob= 81:9 of Daod9, pate 278,� &=h90rrA Fi7:a L'a. 584M. (2mat j;o, l9. U3ad a cd i¢thitat•.8ts a of lorries, Darin Saaarliy A*irda- i2'm'4 m to tams Plant crayon datad Nose�bar 8, 2941, re- aa;dcd an tlacatolY 29, 1944I.a oVica of the $editor of King C=Wf. tL3ton. in Valuw L at Duds, pap M3, tame M-8 Do. SiM84. A3", d-0efi 'tr!d by E=:Lt$ T. MM& &M ct'i a7r Ss : Sri to varl2ros. 3aG4 craldw dOod Oats 2o, lu x, t�aardad itt the of iceonih tAlkKaUr CC 1Ln6 Abe .s Dom=ffof A I*" USA. -- -" 20. need 820=64d, br Mm Orsat,Jon pa Datmiae 71ea4 C**Hwltion on _ — swom% r--2af Imp XOMda4 an AocimLer 2P„ 1m in. the- *Mae it _ the Ai sitar od Stag.. a, e o . SURE- oftat- µ D6e4 mated lw-Anoi1 7ArCV I Uy'07r .e end Henrietta Ione ftral.ey., =Q 09 Muff KoUr to Defense Plant Corporutioty on - -- Ba)tiaeFm' 7 3943� maopdsd sayteahar 14, 1943 in tide aftice of tba Audiur#of icing Count►, r4smimton, in Volume 2162 of Daadd, - page 437, Auditiorle P9,1e Ito. E3iS0m {Tract No. DS-.30). 22. Deed asaamted by-.6arry R. Sahellarb and Ikry Sahellort to Defenso 'fit dorpoittion os April 204 1944, recorded Jura 1, 1944 in the U-M-ca of the Anditnr of KU9 CQtmt{, HaahLn&ton, in V4i71m9 2264 of }9asda, page 699, Auditor's FJU No. 3391315. (Yraot No. D3-STj: Dead amouted bgrpaLIJ g, Colman and tuna U. Co7�i to Defense PUMA CQnmx ration on Septotshar 8, 1945, recorded on Soptambor 14, 144E in 61-`office of the Auditor of Ki118 County, MWhizieton, in '701z a 2M of Daeda, pogo 426, Auditor's Filo No. 5386085. Tract No. D$-38). 24. Deed executed by 4na Knox Cole= and Pntitl $. COIEmn to Datonno ! Kaint Corporation on Soptm$er e, 124% r000rdad on Septeober,14, 3845 in the office of the Andltoar Of King County, Wadtington, in Pale_ 0 2182 of Djeda, Imp 424, Aud{torla EJ1e Tio. 5335062. ---^ Mm of Na. D8-34) . 026. band axacated by 7M111a Fltaguald and D0310 Fitmgora3.d to Difanso PIMt Corporation an 6aptembcr 13, 2943, rocordod an %ptambnr 16, 1948 3n tba affioa of Um Auditor st Ring County, W=hington, in 701vae 216S af.Daeds, page 397, luditm''a File �fo. 3335794. (Tract No. DS-E5). _ 26. Deed emonted by Dougharty Sedth to Dotenao pin t Corporation on oe - Saptwb7; 1943, recorded on September 14, 194S in the offioo or Vw Auditor of E}.ng Couaiy, 1faJJ1JkJ on, in Vo)_=a 2162 of Dooda, Pa9v 429, Auditvr'a F13e No. b9S60e4. (Traot Igo+ D846), 27. Dead aaacnted by Ftanaoa S. Chandler fib Defense F1am& Corporation en Selrtasber 9 1243 , 0 la-t m�oii`[0 — v. a King county, wanh¢ugtcn, itt Folwee 2172 of Dau"3os Pa$o 194, Auditor's Mo No. ,5592885. (Tract No. m4s). 22. Dcod 'amecuted by Sonaph It. Aanden and Beryl EeitJ'i-Dw den, Henry ;r. Salo =d Mzpath it. Salo, a— R. Farm11, Seattle -First National BMW' and Hama K. Farrell as truuteos for thrian Farren, A. F. Hisct and Eathor B. Bird, ArA r gjmcod Golf Club; to$afotno pl_ C-P—ti.eb oo pttgnat 17, 1943, racordad on August 2B, 194'i in the nt clfia8 of bho Awditor of IlltZ County, Taahin7ton, in 4o5uao 215C DS1,1 anof d DS42.) Auditoz'a Fi1a No. 5332114. ('Bads 11op. DS-do, 29. Deed c m=tod '6y d. J. Bh— and Mollie BI=er, 0. P. [too -cud &=1 )L Hl 3tm, and Rnr& J. Tcnki>s and $'ble '1'oalcin to DoYatae 1243 inntthe atltoo of tko &WItar ' racordad on SoF ' er i4 Stag Cotmty, Aaabitlgton, it1 Y01= 23.62 Of medsa Pam , Audibor'e FL7a Ao. 5539068. 3(1., f 0&Si S29 ri2'eCd %V VL agar F. stsenton cad $d4m 8. simmum, to L 3S1 Offj.a tt*U Im U 3$, IM, raea0.'dod am 29 29a In 153 aI Deeds 2ma Cw cd XtUff Cmmtr, if agton i, -Way! ~ � (ym*t F3. A). �®a 1G8, + ilca9s F17s IPa. 83FffiOR41. ' _ .rid .: •� J. Ml' and IMU ,- sad V. V. _ , podfai n 3a Deaa lIaat Oelrpee+sten on - • 1, �n Ba 3Sti5 iII, iRa b1Y ee or the 4aditor.Ar padttb►, ieldagiU4 in Vol=* an of Doede, gaga 271, �tN�b Elie NZ SHOW. €4aog No. W-M. F i♦if 1A04i 4WAM Dowdii HaibV, Wiberb X. 3�I,f te Re- -IV DO eAtEen-on , , raec . -= 4ngmb8 , 754E Si s oytLdo of tI$ lbi�ti8r of ]Cisp� tio+urq/, gsah- ' Ington, in ! 'ice. Ool �a mat P)�' Bale 201, ELeditorle Me No. E.i' . Deed needed by ftwy a. ErJmb said Juno 0. SMM and Jennie S. 9oistr do Defense FUM CorparatLon on Augftt S7, 1945, r000rded on Sspbabo 7s 3945 in tha *rite of the Auditor o; icing Oauntyy, waehiroan in Vol= 2M of Dyads, page 452, Aa;kter'a SYIs I7a. 3S3S6'86. Sraot o: M-45,) 54. Dged w ffl ted br Bwthxwtern lwannant 4acq=W, a DelaRara CorpWsiionj to Defense- Fsand Carpora4iaa on October 7, 18d4, rtb.. carded on Nok> ibor 24, 1944 in tho oMco of the huUtar of tisig Onuotiy, Msabington, in Volv=* 2266 of Doedse page 528, Anditeria F114 go- 890 (Tract No. DS-47.) 35. Dsad azecated br Mvm Omearis to Dofcneo Plant I!rn. wset.,,, or -- ULrlh 9, 1944, Fecowded an March '14 1944 is She offioa of tho Auditor of Bing UmMV, VeahtWton, in Vca=o 2210 of Doodo, pn6o '479, Auditor's File No. ,33729 , (Tragt go. D3aS0.) at $6. Dead emeutiad by Art Oraprla and tb y aragorJA to Defense Plant -'Uoepeiretion on M%rch 1'J, 2944, racarded on lbrch i5, 19M in tho i office of VIA Auditor of Ring County, QaahtDgtarz, in Vol=,.g 2711 of D0049, Page 57, JadiW Od Fils No. 537=7. (tract Ito. DS-n). $7, Daod esngitodgby •dean Fraocaro to Rofense Flent CoroOration on Jana 1% 1944, recorded an Jane 14, 1444 in the oMCO of the Auditor of XUM Coeaty, ifaahi4i�t % in Yal¢aa 226t3 of D®ed9, PlZae 12, Auditor'e File No. 5594h75. (lran ft. D9..%.)= Dead executed br Ban B. Bahl and L%ft1ya tt A Dahl to Defame Ylnnt Corporation en 7, reocxded on Febrnnxy 2, 1941, in tho -C=ico J3ansiy 29,949 J M} of Doadpa plea M8 Auditor's Mo No. SSS4399. SO. Deed aaatated by 74no Aszala and 7afLra Aaevla,�An$olo Breda and Mal B3vaU, arui Curt'Le 0. Undsoth and Jerry ]i, Undaeth to Defame Pl>;nt Corporation on January 32, 1944, r@aordad an Jatlna%7 18, 1944 In thy offlco of the Azzditor of ling Cawztiy, in Vol= WS of Beads, ptgo 346,"Aaditcrva"File No. 53�Tract Ifo. 40. Dccd araeutad by Arhhv 0. Reaagy and Mita J=a $=,y id Dafonao M=t Corparatki.on on Febrnart 113s 1944, recadad on FiDtwary, 1B, 3924 in tbo offlon of the Auditar of F.izg Caunt"i, Waahi.ggttn in Cerro V.04 a2 430ds, pang 14, 1=11tor's Flla its. 535778% `Tract 1 41. Dsod exM%ad by Sand d O. T4ana g bald HarrO. lmrAb rg to Dofans-v glRttt CcaMC it2`2 Coe Ja---7 � 3944 racerda3 9n'Jm=7 27, 1944 in � QUU0 tS the b i't" C: xUZ L-uuty, ir.1 ucatcn. ft voltm - M SS) Doody, pap 6D80 Awatw4a Ptio Eta. ssswu. (Imet ft. VOW 42. Wanted 1w Lao A"4- wd 24IM jpe&a, Angela Sreda and MUT Brea, and ar'o&b._Up & Ana`) r a• 7=dberg ta-a+iame - - - 1�t1 1 paa'at{!Aa'oa i s % It i, rsootds�# oa l�! 10, 1944 in the a[idoa of the auditor -st lawa Comtw, ftwehl ?era _ 7619m MM of beede, pa®e 640, Auditor'a'RU Ma. 558 (Treat No. bi-M). - -U. Hoed esaanted �' n, -- " _•.-to *12 T - - �e'Eiusef a, ]941, reoatded on febrimrY 1 19" in the- 0"'Co aC the Audit" of Eros Coavw, 'ttasmugtonj in 4olum 2201 of Deeds, Page I-, Y Auditor's FUD ]to.-b36 w. (Tract if.. Us-57. ) 44. Deed 4meoated btY Smoot Oabaimn to Datong® Flant CcrPoratdan On Fabr=ry 141 2RM, rboorded on itebmary 18, 7,944 ln'tba affioa of the AndUor of King County, laahington, in Volume 2203 of Deeds, page S , Aaditer's Filo bo. 3=Sa. (Tract No. D5-57A.) a 45. Deed axoented by Mlliam t. iavk to Defame Plant Corporation on Ity 1, IM4, recorded on Uey % 1D44 in the nffioc of the Auditor of SfAg Cotmty ra3 on, in Velma 2227 at Deeds, Paso 832, Auditor's Pilo No.�5 44. Tract eta. D8-56.) 46. Dead wwouta4 by -Charles Toeoa an3*Elioa Town to Dofaa3a Plant Corporatl.an efl $obrw►ry 4, 2944,'recorded on February 11, 1944 in the offioc of the Auditor of Bing County, Waohingtony in Volcano 2202 of Deods, page b3� Auditor we File No. MUM--i;Ct'"a. DS-53 j 47. Dead oxeautod by Charles Toads and E]iaa faces, Lane Azzpla Land 7.aftra.-Azola, Angola $reds and `Lary Breda to Dofeneo' ant Corpora- tiob u&-FebruW 26, 1.944r. rsoardod on lurch 7, 2944 im the offioo - --d the Auditor of King Coant7i rbahington, in Volumo-2208 of Deeds, page 506, Auditor's File He.- 3371240. (?met No. DS-60.) 48. Deod executed by Poter Rosa and Katharine Rosa to 1pnfan30 FAwut Carparation on January 2% 1944,- recorded on Fobruary 10, 1944 in tho off ca of the Auditor otKiug County, 17ashington, in Volvne 2201 of meads, page 50, Auditor's File No. 636S50. (Tract No, D9-61.) Died executed by Ermo Qragorls and-Nlikfa aragorio to Dofonae Plant .Corporation on Jaeu&W 26, 1944y recorded on Fobr=7 z, 1994 in the offiee`ef tba Auditor of 8dng County, IIashington, in Volm" 2199 eS Deeds, pa;C 4'A0, Auditor is F11Ayo. 50. Dwd 9--tod by John Roes and lbWelem Roca to 1►�seMae Flant Corper- 8tion on &MW17 26, 1946 recorded on FebruaL73 I944 in the QMcs-at the Auditor of Cacao, T&OM tgtani in Poj=a 2204 of mod=, page 55, Auditor's VLU. c. 3387783. (Tract He. DsxZ .) 51. Deed agcocatod by Viotpda Mors tc Dafmmo P1;nt Corporation en Janwn7 24, 154-4, rocordod on Ley 15, is" in the office of the .Auditor of King Couutty, ngton, in Volume 2229 of Deeds, pa a -W, Auditor's File Re. �49. (Tract No. D345.) 52. Dead osoacatsd by Valentino Laliteh and %jVdo tSai taYe to Data c { Mmut Corporation on Jwnmry 24, 1944, recorded on Fabrdary 2, im in 4be office of the AwtLtor of King County, Ty=hington, in V01tm13 TO-68Af Deeds, PaV AM, Anditor�s File No. 5•i19 567. (Tract F3o. _ 58. DTad %mcutad by C. H. " ton crud Mal'.rvaughton to Dofenno' k Ylaati CaapcTatian an JcnmW 24 L944, recorded on Janaary- 2% 1944 i in tho OA'ica, cruise gar" O` of !Ginn. C&=V, Raehington, in Valuaa 21W of 'Daada, Page 456, Jssnuw,s nle, no. S85]S58. ('Lnaot Ho. &�7A.) - i .^�. -.y f 4. _ �•i`C - ^ '_-�iL,tir• - Try -,: 'tty F" oSIF 1Pri0cdeU *Md sDta" 21 t, ^ , bii9 y 01!-ilm rr 24,, 240, rae0sii on Ll�j n, _ — lli4a#a0. *i'4ha ANUUQ' 0 uric ftall0p, w0eatemm, in [o uw' �sd=11IMi�tBegp L, Autlitwro PnAI jra. �wwr= - - izviD*-k.= e) ,^ ES.4 DMe6 AF hyd Pea*ock and fora lbeace, Jaaao$ R, DM4W n, to Tsfaase FRat Corporation on Ja "37 21, 1944, . iOoafdid .�ti �' 6, IOU 14 the cflice of the - _. -N'o.68479➢, (rant Ro. D9.69:) -'s FsHa 295, Audit, 1. br Mra ►. Smibhars, ott ]3ian c 3aood� 141alaon, lt6tle �alaed and lieael 109Mi Riolsi end Oao;ga` C, >haelar, Drkntor dMbe 'IM ct Ada ,Thorne; daoamed, to tref"o "t. Cespofrdtige as 110mrW Us 1944, recorded on Nowe bir 20, 1944 In thv oS,ilwof the Auditor of King Caait,Y, Tr —lift —ton., in Volura -' - - =6 Of Dads# page 562, kWltor'a ill* Noe•8429774. (mot No. D540.) 91. D610 emeautod bj' Otty Wioiaaa and Amd-IRWeen to ae£an2o Pimi; .., rCala_ amlion on qt the star. , mcirdad an Novober 10, 194A in VQ County, Fashiagton,•-in Vol= 205 of Died*, papa 39,-1wditer=e File no. 542776Z, (Tract No. wa.) SO- Dee$ 029=ted 17 lbrjAmt_Rordia- Cook to Daf nso t tica- on Jsaasfy 19, 1944, recorded J®oary 22, 1944 lb trio office of the $,doer of Xing. ov-V, P.hdMWl Bn, in 9ol=a 22a6 of Dacdo, paGo "a, motor's Wm No, E aws. -(Tract No. DS-72.) 59. Deed mmoated by Jfargnita O,grbarinc to Pofetmo Punt-Carperation — - _ -d 8 2S, 2944, reoc-on APra j19 1944 in the oftioa of the Auditor of Xing CwatF, � ter_ oinme Z219 of Daada, peEe 324, bwtitorla File No. $579325. (lrao 1aa. D3-73.) 50, Dead etaautad by 1'aryy Starkavich and MrY StarIm ich to NrArwo Plant OWPO UM on Fabruar7 a 3244, =00rded an J no lb, )944 j in th:, afiioa of fhe huditor-a sing Cmmp y, IMbington, in 9olime 2M of Dcads, *p 469, Anditor1s File No. 3594967. (Tract No. M14.) • f = — 8 eta 'and- %M-2� -to befeuad _ Facat Coryaration an Fabrum7 a, 1944, reoovded-m4 Jay 1, 1944 in tha offi,�a o£ the huUtcr of King OMUAF, wuhiagtan, in Val=a 22" of Deeds, Pap 69, Anatorlo Fflo No. MR497. -- (Tract i..o. rz-75.) 62. D=d oagomted by Tabu Foods and Lgnr roods to baSor30 .PlAnt Cor- Pcraticn Pa Jaio 13, 1944, rbcor3r� on_— 24, Is44�{a4.,ri�n,�tho Q oe VY''tho .cnditcr at 21gg Co=tY, Mablb-*Oa, ih Vou2277 of Dzad , Pa.- 3670 Amb Cron MA No. a523633. (Tract No, ag•. ll-�d "=md'a3 by W-•houg C&tmaa end Emory Cato to Dofe=* Plant ammradon Cn 'uVmt 22, IM, roca-dad on Octobar 24, 145 9in _ thu u#iioo ;IS tho And1'6or cf Ung C=tV, itaatdD&U12, in volution ^ A201 of Dom, Pie i�6, a— CrIN Fi o to. a42S652. (hao4 R , 64. Ltd o6otit A by Ylri=p ana ,,in Cotiti Pa AoYanse I4an4 Car- pasa aA err J�g ftP 22", recorded on FtbrAP47 w im in the aS ieaa *f $Ito t- at Xing 6a mv, 7Plwm"Gkmi, in fo7 Z un oa D.a443, P&60-m5a Aiut=4 ?Lin No. SHWAS. (Tract. No. US-7e_) a. Dead wwouted tv Smw gosea tto Defame PJA Gorpare4tl on =- Jana�ry I8a 194i�_ reaardtad nn asumn7 22, 1944 is'fie oMe of "m ladttcw of t{itttg 0a®tr, VMMmoon in, Valu= =6 of Deeds, - pea Sit, Amditwre Me No. 5581798. • N..t Ito. D5-79. ) $6. Deed cm t9od trf 04, Z. 8tutm and Grace qqp, ' ;,at 4m Junp 1O, 1944. meorded '�'on Jatg 3B, 1944 in the oMto at the Auditor of King Cougtt7h W ThabLngton in VolUpm 9248' of Deeds, psgo 398, h4i.torra idle No, i37. ti Va. C9.80.) ey. Deed e=a%[4ed by atrial U. Starrett wAvJ ltlad T. Star'rbtt to 'Defeuae P3snp_Corpwation on Uty 10,ron June 9, og�nin tba alae of the Andltes of Ding C�, g, 19h4 in Volume 2257 of Doedd', gags 247, Auditoria File No. 35928M. (Traota Hou. DS_U and D&45 r�, 68. Deed ..tad by -$ether Stephens to Dafanso Plant Corporation on Jmihb* 26, 1944, recorded on Jamuw7 28, 1944 in the office of �-- the Auditor of Kine Coun_tg, 1Shahington, in 901=0 21W'af Daads, pugs 68, luditor'e File No. MOM. (Traot No. A9-82.) 69. Deed exomted by 14dy Rzowacoo to AaforJV Plant Corporation on February 8, 1944, recanted oa Fsbraary 103 1944 i�+*___. t ae of- — - tilts Auditor of Sine County, Washington, in Vcluno 2201 of Deodc, page $50, Auditor's File No. 3365m6. (Trade N= DS-e4 and D5-ea. ) 10. Dead executed by Washington Liitusl,.5avings Hank to DvScnaa Fiant Corporation on Febtvarp 14, ,1944, recorded on Fgbxvarg-.18, 1944 - _ - -im► the- affioo or tho Auditor of king ¢aunty, Umshingtm, in ,TYolurte 2203 of Deed;, page 53,% Auditcr's -Film No. 3367W. (Tract No. 71. Deed executed by Charles A. Spirk, us*Rueeiver of Jones-;irbapson Lwosts;snt Co., to Dereme Plant Corporation an I&V S, 1544, re- corded an June 16, 1944 in tho orfiaa-of the Auditor ar King County, Wasbinet-, in Voltaei 2239 of Dooda, pugs 2135, Auditor's File Ile. 5594797. (Tract No. DS-87.) 72. Deod ehrouted by ttf chard Sn on on rQcosded art trabruary 9, 1944 In the office of the Auditor of ling County, Washi,ngorton, in Values 22CIoaf Deeds, Page 458. Auditor's File No. 3365710. (Tract Yo. DS-89.) 73. Deed cxcoatod by lfar0e119 4ahaIin Do Young and Kerry Da Yaetne to Defan3e Punt Corporation on Jane 17, 1944, recorded on Joao W, 3944 in the office or the Auditor df Xing Cannty, tfaehiriltar, in V41um 2240 or 733ed3, page-h39, Auditor Is File }a. 339566&w (�aet Ao. DS-90.) _ - y 74. Deed exacated by Louie Ursak and Francea Kriza to Dafense Punt - Corporation on Jsauary 24, 1944, recorded an January 29, 3944 in i tho office of the Auditur of K1rjZ-CAnuAy, ►7aehington, in Vo1mio �T.198 of Deeds, page"562, Avditer+n File No, Sb63319. {Tract Ito. 75; Dead executed by Fmnaot R. Barron to Defense Pant CorpqratioR on January 25, 194d, recorded out January 28, 1944 in the cities of the Auditor of King 0 wtt7, Tla;hiogton in Volume M8 of Dods, - mv 86, Auditor Is FY]a No. 336K053. ITraa8 No. D3-92.) a A r . _. _ _..� i.'n Wit_ �: +� �,rin.. f� .. � - y L :R... w.r �: Y'-, t - • _ _ _ ��WK' 1i - 7b• s' L i #. ioha�*e aaa Y1vim 86boldlos to petee�a- , Mash_ -104 1944. rsaorde4 an l+ibxnarr 8, 1444• St As ]water of King Oenatf. Va4b ste� 1,t k ►attae� $ of bsaAt, PW I3. AMi%oria File IIa.Sao 33 5373. (tract - t7. Heed ameaui by Iralbbe ea Mgtua daviuge BRak to Defense Plant fthmeaiian an riip= y 21, 1944. -Mmr *4 en Hersh 7. 1944, is the - - - Once of the Miter ar ling OC;3nty, Yewhingtea, lag0lnra nos of Pesch, " xa. ,Rdlter�a 78. Dead eaacalad, vy aashibgton ifttmea amino Z=n -, Bds P_ ftrj%ah +rd-iffiaMS -V--esbnh to Dotmes, Pl=t Carp.::ation aA Jcaae7i21' 104 raeorded ae 8ebroarg le, 3.944, is � office of the Auditor �f - E ' 9. Vt t a n'dh�s.9t►B zzol of Dsado.'P ^ 545. Audita f 79, Daed iaeauted b;• ffortb,rastera TnprovCaant Coapruy to Defonoo plant Corpax4tdon oa July 18, 1944, retarded on Novambor 27, 1944, in t1j0 F ot'L'—f-he duditOr at xiAt Cotmty,-0mahingtoa« w Y01m0 2287 of Deeds. Me 437, lnaitert■ n24 Ho. 3431137. ('Tract ga. M-AR-2) - i 80. DeaA azaeated by-1kjget Oopnd power' =1 bight Co. on Woeubor 7. 1945, 'rseorded on April 18, 1946, in the offieo of tbo Auditor of Sing Gmty. Washington, in 7o1mae 2462 of Deeds, page 200, Auditoria 3111c 1*. 356046. (4_rAot.Ao. Ds-48) t tfI2ma YMMM, $ocomatractioa Yiasaca CargOratioa arxuaed thla inetranont to be euacpted in Its nemo WA on ite bahnlf by R OYFOA D K. Moz, itc lttaraeJs.tn�fnot, harcin Hilly authorized by! Favor of attomaa 4Zly ozaauted ond-- recordeP- '^ Dntpd at 804tt1a, Ypohiagton, #his 15Lh dip of July, 1946. i�111�0_ lttorneT-Sa-fact. - Sid'TE #P HA9HIIIi7y1p2T) _ - = ea Casty of Kind ? Ca this 16tts dtay of Julr. 1946, boform n4 tha nudoroigaed� u IIaLary Yubiic _ iu and for the 8tata of @anhtagtaa, dni*p oaMieaionod and ovarn. porocnally rypaarod RICv8A71H- PBiCC. to = known to be the dv4 ONOIntad and outharlsod Attaraeyy-Su-foot of the corper=tian that esoanted th5 Within eni fororoing inotrw-ont, lad acknovjcdgad gold t:an7A# to b$ tix,fr00 sad vO2=tax7 net and doed of oaid corporation, for :ha Fr'Toacs tlaruis mentioned. rid ea oath Gtete$ that � vas fully ea�horiced by 4aid oopo:ation Go to atraouto said Sastr=cnt In it,, behalf. that tho poror of attorney a�uti�arisi , tby 4ze=U= of thin Wtranant hna not boon royoked, and that the oei$ eorgoAcn in my 1u esiateaae. eetrlc • lfia"�i.A.1fl X7 k=d Ma Offitid a3ai hlrato affised tha des and year in ;thin Cato" e:l7taa. Velum MUG in mad for -the state of v whis4ton, resiaim at 9outtle. .L Ss. •'-G _ =i,: tC�.i i� � tryk - �,•-.a. ...1._.�l--,a;. Y_'.C��I IlYS .r•. _'l�i.?M'ia1.1�1 DIED —FIRST CLASS SHOit L kyw-6 SEW ��.::: i3, AN a av ,--, STATE OF wjgqenv&-TGK IN CONSIDERATION OF - - - Ct4_1�.Wj Faux Tho"C-a One wed 3hizs.� .emu � 3 li Zip - p `')9 i [. i)oiL-=. .he rnwpinr of Tnhich is heTebu acknow ` a-�_ 1 _tom- 1£arjCQ, utC .a•� �, �' - .....�...._ +�• !��tS� !+•"C�7. ?k7*YX,xn c itnd conreq unto R011LET L_ B11lLLRIIS and -1 EDWA,s;Dg,, �=e>_ — Via-, heirs and assigns, the following described whore Lands of the kry cl=. 84z= to ..r iro,;: ,r* ; -,• City of Re6tIIn ..,.. ._ .. . in XIAL Covnry. A"Cshrngtor,. !„ : ---Tracts 1, 2 and 7, Supplemental Map of Renton Shore Lands, as sinrn , official crap thereof on file in the office pi the Ccyetissioner of at JLympia, Washington; also That portion of Tract 3, Supplemental Map of Renton Shore Lanc.s T ing north o: the north line of the Eallowing described tract produced easterL-;. The South 55U.92 feet (measured diagonally along the westerly boundary, which Ls the marginal line of Rainier Boulevard) of that portion of GoverMet.; Wts 11 and 14, Section 13, Township 23 North, Range 5 East,W.;i. in t.tng Cluri; Washi:lgtDn, lying cast of Rainier Boulevard and State Highway Pro, 2, rorti line runnL!ig due east from the southeast corner of Lot 2b, Block 1v, Plat Earlingt.ln, accorkling to plat recorded in Volume 14 of Plats, Page 7 'n s..• _ODU IL:', 'dash L-,3tv^. ,.::d south of County Road No, 80, said Tract 3 hcinb as ,ln ilty o-fLClal Iaap o Supplemental trap of Rentot, Shore Lands o:; ! t1t: ,n -i.c, 1,. the Co-anissioner of Public Lands at u15.11pia, was�atn�t•n,al.. ilia ;,ort Lun 01 Tract 3, Supplemental Map of Rent,m aktvre ;,aisds i s au[iles'i: a: a Linc e:escribed as follows: Sc Lnnino at a pain[ to Government Lot 1;, .+ec[iin l,•, .aa5c j iia-3t, which is N W 53` 29 E: 231.1 : -ect ;roc: 'h, .it of "tersection of the east line of Lot 2, Block lo, plat o: tarlingwrL as avil—wik y _ _)Jattrr' and the n.,rr1, linr nF Chicnen Ni1_1Pn St. PAvI ,.an Pam, -if;, „11; -. .:i 411. r.,..l P,. town.=£ „.. :.'I ;a. tract , .:a.' Tract : al ;.ap — itento:t �Ilorr lands ,r1 Lie c i'ubL Lc Lan at ti}l' c,,L] La, Llesiunla�::; ai ; CC_'n '.r! 1r3LL .juppTtpental tiap ,,: scat .,,., -. al. -. as .ollows: west l:ac �".at['.:c : .t . Pl L . , , + .- • t aa;',l•_s .:',:. the :tsttherl: unund:x. :1,, ,. .. -.< •a' ', -1_: r,,ad t.Ull;,Sil; and rLSIItl;l}'. L:Iulz•' t: LCCL UIL'nCC `dC. _.L a10 •i a '[:., .. - .Ct , ;iorC , - LOSS, ".J 4 POltit +., Cr11 t•1t5t I .:i+ , wnsnip 23 :lorLL. .iaq;c . �asL, 2, t st L_nc true, the aorti:erl :a: sl •rl slo:io sai:i straight l ine pr-.:-c- . a :r ., ]r,,lnt on the +-'eatery line .r-' safe. Tiac: •a:: .,,+, . .fiat :nap t-. ,supple.mental Pap o ca,,:: .,ii r• :.na. t tc t.,ll=Lssioner nl Public.. Lands a' ;3 trL;-:pia, da; ,-. ... tract 6, 3unp1crcnt&i ? or. ^ap 0+ :cnt.,r• s:a::•.s ,,I t"Ic a:j1h �i _eCt Vcr'c ea: , 23 ::orth, Lange 5 east,W.1.... sal' Tract :.cl.•: a Supplemental Nap O. 'r.enron _ihure i.a , ;s -1 _:.:,4 L 'ter , Public Lands at 01jmpia, W9s;ii:,,,r1;- als- __e! 9 „+nplenental Map of 'enter,. I -a :.z - -, 1 ..:',1 drawl: parallel with a.td 325 `eat istant oast' ::, . t S.,.itk:eri; 11.1e ai i.`,: - r,acr :Brit"oar. a-'..'., ;t , ..:c !,- Goverment Lot i- ;« r,_;Is. said :Tact -1 being as agoWn LA 0:cL<la! a;, Ch rn lama vn . -; L- .-. r`+, c .fagot nctor. r � Est at.ass MKINUM iA�rs.������ � ynl.1 � �:...• 1 i . i STATE Or IN CONSIDIRAnolr* .--Fes_ mows the rereipt of *Which ;a hereby omled ad, the Strse of �aniis�as has fit, bin t seu .« and eonvty Unto"........................— • r 1at� I hang a ° � the �S da'bed lii"MRAore, bolds of the fast ease, abaste at franc of rlae City Of......-- ...Rmutan-...._..�— Tracts 1, 2 and 7, supplemental ftW Of Renton Shore Lands, as shown an the official map thereof on ills in the office of the Commissioner of Public 14n6s at Olympia, Washington; also # That portion of Tract 3. Supplemental Map of lemon Sbore Lands Ling north of the north line of the following described tract produced easterly: The South 550.92 feet (measured diagonally along the westerly boundary, which is the marginal line of Rainier Boulevard) of that portion of Government Lots ii. and 14, Section 18, Township 23 North, Range 5 L"t,W.M. in King County. Washington, lying east of Rainier Boulevard and State Highway No. 2, north of a line running due east from the southeast corner of lot 28, Block 10, Plat of Earlington, according to plat recorded in Volume 14 of Plats, Page 7 in King County, Washington and south of County Road No. 80. said Tract 3 being as shown on the official map of Supplemental MRP of Rentor, Shore Lands on file in the office of the Commissioner Of Public Lands at Olympia, Washington;also That portion of Tract 3, Supplemental Map of Renton Shore Lands lying southerly of a line described as follows: Beginning at a point in Government Lot 14, Section 18, Township ],3 North, range 5 East, W.M., which is M 15' 53' 294' R 231.1 feet from the point of intersection of the east line of tat 2, Block 16, Plat of Barlington as OWginally -nTatted and the nnrth line of Chiraan. MilvAmkPs Sr, pw+il And PArlffr RallrnaA Compnn; right of wa\ and running thence N 75` 52' 3L, E r32 icet, more ui tj, t;IC tastCrl; lane of said Tract 3, said Tract 3 being as shown on the •,.?tc al .•:ap o. Supplemental Hap of Renton Shore Lands on file in the office o t;:c Curr;issioner of Public Lands ai Olympia. Washington; also That portion of '1:ract 4, Supplemental Map of Renton Snore lands ling a.�rt:�crl; ol, a line described as follows: !:e„inniag at a point in the west line of Shattuck Street in 3mither's Ft; tli Ai:.:.t ion to the Town o€ Renton, according to Plat recorded in Vo LL'i.ic 1, Peat:;, Palle 33, in King County, Washington, 25 ieet Gisrant northerl; az at night angles from the northerly boundary Line of the right .,. �.ia- +:., iiit Coast Railroad Company and running thence westerly parallel to said a.ln� . l i:ii•, a distance of 425.00 feet, thence westerly along a straight L►n. , o, Ilk. eet, more or leas, to a point in the vest line of Govern-te t s.•c ip, ,, r[ i„n lb. Township 23 North, Range 5 East, W.M. 265 feet i:istant n:,rtl:,-i:, n. L'�. .,„1 al-,t% said west line from the northerly boundary of said riLat ,. -.:a,, I .L.-n, , ,Mil uum�- westerly along said straight line produced a .'_stance u: .15 : Ce•i , .•'a. 11 Iry!a, to a point on the westerly line of said Tract {; said Tract a:• ,lU,V%I on the official map of Supplemental Map of Renton Shore Lands on .17c LI 01c oit:ce rat the Commissioner of Public Lands at Olympia, Washington; als•r Zhai puit.iu„ o: Tract 8. Supplemental Map of Renton Shore Lands lying anrt�, a; tilt north line produced westerly of the south 36 feet of Government Lot 1 , .action lb, Township 23 North, Stange 5 Sast.W.M., said Tract 8 being as on the u::icial reap of Supplemental Map of Renton Shore Lands un file i❑ the w'iicr Of the Commissioner of Public Lands at Olympia, Washington; also That portion of Tract 9, Supplemental Map of Renton Shore Lands lying easterly of a line drawn parallel with and 325 feet distant easterly iron, as, measured alo:t,; the southerly line of the Fa-zific Coast Railroad Company's right o_ war, the west line of Goverment Lot 14, Section 18, Township 23 !forth, :.ende 5 East, N.M., said Tract 9 being as shown on the official map of -iupplezc1Lta7- Mliip of Renton Shore Lands on file in the office -or the C=Missionc-: of Public Lands at ++'!IyT-pia, Washington, [ 8100_! CLAM STATZ or �`i'a► iCJ i IN CONSIDUATIOAft -- ._......... ..-•---.. _ _.. _.._-Ds&ars, the rcosipt of which is hereby ackxow&pjr4, the J*ft %%"Moss is .mow and convey lento...__ and as++S►fs, the 10MMAng dpCribgd iiir.Mtshale Ls& a dot eLR A*wm*e in front of the MY Of_._—.._..._ a wdshlar� m'Wft, ----Tracts 1, 2 and 7. Suppiasss tat Mp of itentoa Shore Lands, as ahawo as the official map thereof on file is the office of the CoMINisaiomar of public Lands at Olympia, Washington; also That portion of Tract 3, Supplemental Map of Raon Shore Lands lying north of the north line of the following described tract produced easterly. The South 550.92 feet (measured diagonally along the westerly boundary, which is the marginal line of Rainier Boulevard) of that portion of Government Lots 11 and 14, Section 18, Township 23 North, Range 5 East.W.M, in King County, Washington, lying east of Rainier Boulevard and State Highway No. 2, north of a line running due east from the southeast corner of tot 28, Block 10. Plat of Earlington, according to plat recorded in Volume 14 of Plats, Page 7 in King County, Washington and south of county Road No. 00, said Tract 3 being as shown on the official map of Supplemental Hap of Renton Shore Lands on file in the office of the Commissioner of Public Lands at Olympia, Washingtonjalso That portion of Tract 3, Supplemental Hap of Renton Shore Lands lying southerly of a line described as follows: Beginning at a point in Government Lot 14, Section 18, Township 43 North, - Range 5 East, W.M., which is N 15' 53' 29" E 231.1 feet from the point . intersection of the east line of Lot 2, Sioek 16. Plat of Sarlington as tlt�ginally —slatted and the north line of Chicago. 14ilwea+kr•r' 4r. Pswil rnd Parifir Ra lrnAd Company right of way and running thence N 750 52' 30" E 832 zeet, more oL Less, to the easterly line of said Tract 3, said Tract 3 being as shown on the official -.lap of Supplemental Map of Renton Shore Lands on file in the office oC the Commissioner of Public Lands -at Olympia, Washington; also That portion of Tract 4, Supplemental Map of Renton Shore Lands lying northerly of a line described as follows: L'ej;inning at a point in the west line of Shattuck Street in imither's Fifth Addition to the Town of Renton, according to Plat recorded in Volume lh n. Plats, Page 33, in King County, Washington, 25 feet distant northerl, as ;,wasured at right angles from the northerly boundary line of the right of wad u_ the PficiLiC Coast Railroad Company and running thence westerly parallel to said 1,)r%dar:r line, a distance of 425.00 feet, thence westerly along a straight LLne. m ,instance of 71G feet, more or leas, to a point in the west line of Covera7ent 611 L§, .;ectiun 18, Township 23 North, Range 5 Zaat, W.M. 265 feet distant northerl} an „a-haured along said west line from the northerly boundary of said right oL aa;, thrncL- continue westerly along said straight line produced a distance u. +15 feet, =anrtL .)r less, to a point on the westerly line of said Tract 4; said Tract ., beings as .huwn on the official map of Supplemental Map of Renton Shore Lands on zile . its the office of the Commissioner of Public Lands at Olympia, Washington; also That portiun of 'tract S. Supplemental Hap of Renton Shore Lands lying north of the north line produced westerly of the south 34 feet of Government Let 13, erection 18, Township 23 North, lunge 5 East,W.M., said Tract B being as shown on the official map of Supplemental Map of Renton Shore Lands on file in the office of the Commissioner of Public Lands at Olympia, Washington; also That portion of Tract 9, Supplemental Map of Renton Shore Lands lying easterly of a line drawn parallel With and 325 feet distant aaaterly from, ds. measured along the southerly litte of the Pacific Coast Railroad Company's right Of way, the west line of Government Lot 14. section 18. Township 23 North, Range 5 East, W.M., said Tract 9 being as shown on the official map of .Supplemental Map of Renton Shore Lands on file in the office -of the Commissianef of Molic Lands at Olympia, Washington. t i 71 f L .._...._..... ---- lam numm tars -ream" of which !t harft ddamhApK fiR fire G MiiaOM far `'siv 9MEN, iwlhey melt ..Rpo ' aged. CORVO erf _.._...__.........._.. A _ WMAMM V) -- Avica ,aod.essigns, tlNe Jouowixg'� lied Aao hawk of on *A c1MM6 *knot M ftma of the to-ww - Tracts 1. 2 and 7. Supplaaa►Ntal !hop of Renton Shore Lria as shots on the o€facial map thereof on file in the office of the at Olympia. Washington; also Gs�isaiosat of Public Lands That portion of 'Tract 3, Supplenm&l tip of AL Shore Lands lying north of the north line of the follariog described trowel produced eaatarly: The South 550.92 feet (measured diagonally slang the westerly boundary, which is the marginal line of Rainier aftlevard) of that portion of Government Lots 11 and L4, Section 18, Tamuhip 23 North, Range 3 Ilast,N.li. in Icing County, Washington, lying east of Rainier Bonlatard awd State Highway No. 2. north of a line running.due east from the southeast corner of Lot 28. Bloch 10, Plat of Earlington, according to plat recorded in Valune 14 of Plats, Page 7 in King County, Washington and south of County Road No. So. said Tract 3 being as shown on the official map of Supplemental Mop of Ssnton-Shore Lands on file in the office of the Commissioner of Public Lands at Olympia, Washingtonealso That portion of Tract 3. Supplemental ?MP of Renton Shore Lands lying southerly of a line described as follows: Beginning at a point in Government Lot 14, Section 18. Township M North; Range 5 East, W.M., which is N 15. 53' 29" E 231.1 feat from the poi intersection of the east time of tat 2. Block 16, plat of Sarlington as inally ,platted and the north line of Chicwm_ ltilwwwk,.r qt. i+n,l anA oarifir Ra rnrr! Company right of way and running thence N 75. 52' 30" E 832 feet, more or less, to the easterly line of said Tract 3, said Tract 3 being as shown on the ❑,ficjai Leap a` Supplemental Mop of Renton Shore Lands on file in the office of the Commissioner of Public Lands -at Olympia. Washington; also That portion of Tract 4. Supplemental Map of Renton Shore Lands lying northerly of a line described as follows; Beginning at a point in the west line of Shattuck Street in Smither's Fifth Addition to the Town of Renton, according to Plat recorded in Volume 16 0: pints, Page 33, in King County. Washington, 25 feet distant northerly as weasorrd at right angles from the northerly boundary line of the right of way a, the pacific Coast Railroad Company and running thence westerly parallel to said boundary line, a distance of 425,00 feet. thence westerly along a straight line, , a 11wRt6llce of 710 feet. more or less, to a point in the west line of Government [Atit 14., 'Section 18, Township 23 North, Range 5 East, W.M. 265 feet distant northerl; as ,arbsured along said west line from the northerly boundary of said right of ua;, then- continue westerly along said straight line produced a distance of 415 feet, more or less, to a point on the westerly line of said Tract 4; said Tract 4 being. as shown on the official nap of Supplemental Map of Renton Shore Lands on file in the office of the Commissioner of Public Lands at Olympia, Washington;, also That portion of Tract 8. Supplemental Mop of Renton Shore Lands lying north of the north line produced westerly of the south 38 fact of Government Lot 13, Section i8, Township 23 North, Ramgs 5 East,W.M.. said Tract 8 being as shown on the official map of Supplemental Nap of Renton Shore Leads on file in the office Of the Commissioner of public Lands at Olympia, Washington; also That portion of Tract 9'. Supplemental Map of Renton Shore Lands lying easterly of a line drawn parallel with and 325 feet distant easterly from, as. measured along the southerly lino Of the Pacific Coot Railroad Company's right of way, the west line of Goverment Lot 14. Section 18, Township 23 North, Range 5 East, W,M., said Trott 9 being as shown on the official map of Supplemental Map of Renton Shore Lands od file in the office .of the Commissioner Of Public lands at Olympia, WashUkgton, F I relicR ir! !� IAaiwer! Ad,MIr �r�r f f� e*a aa4 a rr iwc, MOM s st93.3 4�p fa �IIE W� oa--d man aea hr�A-c "As �� rM� ■Ia1t. -•e'� are arm ','e-:.r �, fR g; -it � '� 'tea= ��e I�w wawa I.a�W��^I ym..roram M wr�a K' s OWLai�a MrisaM rM a --was+. at :Yp! it �� 1� eee�wi aa�i -7, � N ++ ..i �a'1s pee*e we .�•. i . s d stlrt �M as rsT !ar weee!a�L .. .-� -- !�- • /'r cmmwm orapeGr wasp - Row' ce +wsr? 7a. ��Tu eOs y! '1ae m mo aN �y x IY 1110 � -Me k— v a v`-.mar eeraa �r wK SOLD the ,id pfflni s. Lh Lhe=r Q itenQntes. •.nLG 'ra e.::. ZDVAM bumpand and wi=i L-h&lI WITNESS the SeQf of tie S=e, a:!LM : '" day of.r�.+!.e_ : U Attest: State re*d of Tide Le»d ^. M^ens, � Y ...!- ••t4d le• I � � e~ c s a�>!� s& wow mop yam soft vElaff �� lam so OEM rl� arir �tiiiri� airy afi+w a1R� led WWI sow me ft 0.4 ar mow so g �a 9-m7 ad b.'M'` � M r. a ds b aw said ' tci:1L tl!¢► �li. into Et:e �,� � ��� � gp�45* faua6a�d ltld-xifs-► [�efr i;lrrs and �=�s,n1 �rrs•-e. fi nWISS the Seat of the Slate, afLxvd chuday +� p H Attest: e . .. Stara record of side Laid D^e&. %'o's�te P,-r Las ieq.*V Of y tOlw h. Mom CYOw'-?w E 0 IL dff lam Awl i. 4m OL _ yr CIF IF IF IF nowrommt I* 2w1�lr go rAIMM ONE be 3 2o Ste. aw OWLIrP Modw 4w a=OK " be Xwe.PrCL t�-E S-:;--T-T AID To D= the =at re -MU, With AM into 'Ile XW 11 hern cnd muiqm �om- - -MAW& AMt-UML-1- EX&MMI-baShM& "d --rk" e Wmr= else Sew of Tior Stag, affmcd th. V 1* d" of State record of 7wide Land D--e&- Volume ::2 P: --e AL maq;�/h IP IOW A. MMIS Ic IQ YA?'w I J l tL��b�d�d-,Lf4...tba" heeffs and auiq" folvre- W�3WESS ttre Sad of tLe SMe, effisxa thes ••3'+l x+c do3r Qf �- . ts.i3� State retard of Tide Lowd Deeft ti aiume F« _ Faw w" kw dL i� ARC (� O L N LL N US = O r 41 "O':' N Q O V Mr+ U C 'd 4 a �a aam�� N o u u m y co c CL O E, O } W U E T � ✓1 0 o 'y N r=� o l4 c o (D cocN� Q � � o m J E o Q E `5 IL „ r c !'E' J CL mo��a� CEaLd3� F Q a ( UMIOr" hereto]. grans, conveyer betel wit MM la FLXW t1UUNU PUWW m LAUHT UUWANT, a rrasdt1l$W 031% pmdon ("Grantee" herein). for tits hereinafter ad I -An ■ perpshlal amment under. caress and am the fol- kWng described real property (the '�rty" herein) ._.. C.e Weadn&n. (See Legal Description Attached) Bxcept as may beothrtwise set forth, herein Grantee's rights" be surcised upon that portion of the Property (the" t. d Way" hst*N described as foifows: A RkbW Way teet fn width bsvtt - - � f,�.., feet of m& wide an a& side d a amp Bice dsmibed as follows; Aeginning at a point on tht westerly border of the above described property* said point being 220 feet northerly from the intersection of said westerly border with the right of gray of the Pacific Coast Railway! thence southeasterly to a point 40 feet east, more or less, from the above described intersection and 3--1/2 feet north of the southerly bor& of the above described property; thence easterly parallel with said southerly border 275 feet, more or less, to the termination of said centerline. L Purpose. Grantee &hall have the right to wmtrua operate. maintain, repair. re� and enlarge an � slackk andlor distribution system upon and wada the Righto Wtope Kid all 4acerrsrir or co�av,enient sp- ay pnrtenanm therefor, ,.vMcb may iladnds but are not limited to the fol aWgF atrckWound condlrib, ables. ommunimdoa lima. vaults mahofa, sMWbw and &&Wamm tad samWutW or pow d mounted fadlitiee. PdlQ%*the ia#tW Mucft ai its facilities. Grantee may from time m time wm*W arch additional facilities as it may refptira ' I " 1 , : , L banes. Grantee shall have ►he right id scow to the Rig d-Way awrer and aaass the to enable G {cry Is case its rights hereunder. provided. that Grantee sW compensete Grantor for any danwo to ** P"q arty catwid t vise of said right of access. S. tea; i�ndreapies. Grantee may from time to time remove trees, bobas, or odw � witbinof -Way and may level ern! grade the Rigllt�f--Way m tiye extent rassoaabl • necessary to arty out the purpoeea set is ch 1 hereof, pra•ided. that followt gn fan such work, Grantee sbaE� ro the extent b11r �ie, rae�e the 14-way to the condition it was immed to ► rim to MA work. Follawfng the hutsllatim ai tech W%der d facilities. Grantor may undertake any ordinary i moo is to the moping a# the R[ght-af Way. provided that no trees or odwr plants shall be placed thereon which would be measonahly expw*w or t:ap ubaf for Grantee to remove and test"@. e. GreaWs Use of -d-Way. Grantor mum the right to tm the Righter Way for any pwym cot hwoa�eut with the rights heroin Smnled, prmided; that Grantor shall sot act or maintain any building or omersI a on the of -Way whl&. would interfere with ells +sxerlise of the rides herein granted, that no digging, taanehng ar odw form cl cow strut on activity shall be done on the Property which would disturb the compaction or unearth GroutWe (adheres = dw Right -of -Way. or endanger the lateral support to add fedlides; &W that no blastbig be done within 16 feet of the Rigt W. Way. iR lads i v Itj By eceeorq and reoordin this saa mm at, Grantee ap to indemnify cad bold baroises Grantor f = sn and all dims for dam n iUff9rod by.. �r rsoa whi h mey be caused by Grantee's exercise of lies b�fa p�r� ...w. AAA vies f°wwo,.w • jell not ha fin. r'�wMw tar ■na• rlmsmswae P� eltlsne ftnsn iwhsvW � je_•is, �sjerenn wa„jei,t �a. STATE OF WASHNGTON, Cownty of Sze On this day of , 191, before ow, the undersigned, a N art• Public in and foe the Stare of 1Stnshington, duly commissioned and sworn, personally appeared t R r _"Dwe".6 r to = known to be the tnditi ideal described in, sod who executed the within instntmeat fcr A&I . self and at so as the Prgy in Fact for JM L= - Ck 7t and acknowle ea aae tbat� be signed and sealed the same so —ALL —own free and voluntary act and dyed for k&L self, and also as the —free and voluntary act and deed as Attorney In Fact for said JAA [ I. Flkwjttia in the capacity and for the wee wad pwpoaes therein ewadoned, -and that said principal is ant deceased a" insane. Writt&a Its UTNESS WHEREOF, 1 bow boomm o set my bad and Notary Psbdic is ad /or ebs State o/ 1a'asbiq#mi6 r*sMng "40WLEDGMERT SELF AM ATTORNEY IN FACT MATE OF WASHLVG MIN J SS )OUNTY OF 1 akVe On this day penronally appeared before me Q me km-,-n to be the Individual de+sexibed In and Wbo executed dm wld& and toregoiteg instrument and aalmawlsd 4 do - -- -- — - ._. s4ped the some as fra and voiuntary ad and deed for the uses sod purposes therein mendone& my hand OW ofdkdat seal dohs tiny of Notary Public in and for the Seats of Wall" ms, ratddlag at �.�. { J ,i•. .fir _ do 44 042C_i . ,..,.. a rip ; � tlataa'E On till? reverse STATE OF % ASHENGTOIN I COUNTY OF � .19 On this — day of I . "9 , before aw the amdaae pwA personally appea and b toe tm i n to be dw end , sruptreeiwl3r Shorelandson file in the office of the Comissioner of Public Lands at Q1ya, Washington, lying rly of the west line of Shattdft Street an shown in Inflners Fifth Addition to the Town of Renton, according to the plat thereof recorded in Volum 16 of plats, page 33 F records of said County, and lying northerly of the north boundary of the Pacific Coast Railroad rny's right of way, and lying southerly of the following described line: Beginning at a point on the wet line of said Shattuck Street 35 feet distant northerly as measured at right angles frm the northerly boundary lira of said railroad right of way and running thence westerly parallel to said boundary line a distance of 435 feetf thence westerly along a straight line, a distance of 710 feet, more or less, to a point in the west line of Government Trot 16, Section 16, Township 13 north, Range 5 Ust. W-M. , 365 feet distant northerly as measured along said nest line from the northerly boundary of said right of way, thence continue westerly along said straight line produced a distance of 415 feetp more or less, to a point on the westerly line of said tract 4. f� ! SIP,i � 1 tea I f Lli �i�� POW" FOAVAW EASEMENT URIGINAL For and ir.atuideution of Oft 00"Ir (S1.00) and other valuabk eonxideration, the renipt of which is hereby ackumWSed• SEE ATTACHED EXHIBIT "A" ("Grantor" beseiah bm* grants, coon" and rarraw to PUGEP SOUND POWER A LIGHT COMF,%NY. a Washing --a corparwi'=t''m:*=, h=-:t".,if'.Cr:: fart'. a F=Fctual,:.:c.. M w4r.;rua . AM corder the Wowing dacribed reW pmp ny (the 'Property' herein) in Cttttnt). Wahingtoo: SEE ATTAR EXHIBIT "B" `r73 r21 00475 D RECD P 12.04 • CAra- HSL *** 12. t?U '1 ' 1% : CISE TAX NOT REQUtREC Vj K�n� Co. Records piy�s�otl BY DEpaty •• l M � Except n may be otherwise in forth herein Gaetee's rights shall be exercised upon that portion of the Property (the C> "Right -of -Way" herein) described as fallow A KWN-d-Way ton (10 ) feet in width having f f ve f 5 i feet of such width on each side S, of a eeeterline described m fadawx The contarlim of Grantee's facilities as constructed or to be constructed, axtarwW or relocated, lying within the above described property. icr,is :T l'JEPART!tictiT L,t;;LLEVtJV, V A SIVING i U,V 9L'rv04 t3?34 ATTE;t'i'ZC14.. JANNT ("o 1. Pwras. Gtttstee shop have the right to txsratruct. operate. maintaim repair, mptam and ettWgc one of mane ek+ctrk ttaauirtion andlor datribution lutes orsr andla under the Rift -of -Way tar0a With ill wamaq or eoaweniettf OPPOF&COSSM ACIato, wrAich my iachsde but are sat Smked to the foliowinF a O wbo4 wns Mim Fairs a . �; or towers with aaaw--w 6rwm gup and anchors, dearie tmosmhsioo ar , dkribnttioa Ham aaaatntnkMim and 64M MM trandeffmaL b. Unda*amd fndits- V daproMad oondaits. uUm vat nsaahalm wisebes sad us adarm m memi- baried or ground ma hied hakm sab a pads, trandamers and swschs. Faismi�g the initial eonswKdon of its fs . Graaaee may frm tint to brae oaaat»ct such additional:eesand Entice fimmu r it my mgwm 2. Ase CMarnra of Aare dre 6& of e= w to die Night -of -Way cm and am= tfse hopaly 1DC= a Graaftocto eaxodetit e* absandr. 110 GrattswzbM carp zWeGraotor for nay dump io dzPtopestyeaanad by da ettssoiar at acid ddM of somm Qtlrn�rTlawe.Crrsane>t..etffeiijttt+nestartsintagtui/atlbewwlsostmec :awEirtdarrowingspondle. Rigit-alF .aaisMsrtiet tlsetaartsiasssryttseessFatt*Vp ewlywrrielhiafalind.s+otsl�in ie beahood wGsnmtetttbaTkiea. +rii�tt� �� r�idod,doCkmordwam�aatt�trrsarriilei�����RNtf �itfllh��sdQnaenrii/sae tttt�lsilirfgarsiwslesetsnetriatie �t�tr�ita]M�wtd[stattree�fia'lititrrt�swc�in■leftb�farwtiness+otfetst � tr'i�b•�aoot�Mir�saiwttrdis*tliseaaeaeat,�eetyrreawani�4watitSsas/MaMAwrrisQw■k+r#rri • 7r 6 it spr masd AadpL The ti fhts &M obliptions of the parties shall irture to the benefit of and be binding upon their *Waive successors and as ' O 9D Q} DATED this of GRANTOR NORTHWEST BUILDING CORPORATION. a Washington 00 ration r BY: BY: ' CORP REAL. ESfiATB YiiC. � a Dal tirpora ti oft BY: BY: OF WASy1NGTON SS COUNTY OF t Oa tfi .day to L.e known to be the CITICORP, REAL ESTATE, IN4 and ackaowiedpod the said ingrameat to be the fre POPOM therein LseAli WOL rand an oath stated that REII'M SHMPING Ca1"1'!:R LIN1" 13 PARTt4MMIP. a Washington limited partnars p _By' NOCU YiW MaLLING CORKUT Q , a _, Washington rporatioa. general partner• BY: w CORPORATE ACKIwOWLEDCMENT 14— before me, the =krsipad, personally appeared .and --and _. , rmpecti%*. of .,.._ tht ""Oration that txmuted the .emsos»S in� Vo4snsary sa attd deed of sand corporation, for the um and WUun= and spat the seal affixed is the corporate seal of said Wiiaess my hand and _ ;facial seal Lercto af8ard the day and yar Crnt—Abw--ritten. Notary Public in *ad for the State of moving at MIX COMIMISSION EXPIRES IQ cucu s the said STATE OF WASHINGTON } SS CORPORATE ACKNOWLEDGMENT COfrNT�Y(,,OF�,(Ij j } on .'1 t ., -Y_or - r %�+Ty"- "•-" • 19-9— blot rbr, tlse tmdit*P d, posonsk appeared to me ksomm tole ebe W I f' a 11 r,]1,a r -2 and . or jpmN` RUILAING the corporauoa flail ex, - I, the foreSaitsS bwAvnwrA. 90 A*aawkdpd Ik wx iostrumm to be the fsa and vary act and dad oS said corporation, fa tht was and Pap A-11msin meationaL and ar mb tastal that wades rimW to exeaNc dic aid immumt4a and um the seal aftw is the corporate sal of said ooeporatioa Wmwn my hwW and ollsdsk seal buciu afiuwd Ilse and year first a trr>tlds M1,IlAii '' woad for the State cc Wuwmpc: k . y;•'n'irr �0 Pklt1'r +: ORIGINAL STATE OF USSINGTON ) ss . COUNTY OF ) In 1 1.�I1 r�l a a, On this �k � day of , l98 [� . before me, the +indersigned, a Notary Public in and or the State Of Washington, d commissioned and worn, personally appeared W and to me knoft to be the VV NI'MUFT and ' -ae;pea%VQ!yF of s the corporation tFa—texecuted the within and foregoing atrusrant,` 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 tha* they were authorized to execute th. said instrument and that the seal affixed is the corporato seal of said corporation, and on oath further stated that said corporation is the general partner of RETTON SMi FING. i:Mf'= XSWCIAM LIMi= PIP, a limited partnership, and that said corporzt on was autborized to execute the said instrument on behalf of said partnership and that said instrument was the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. WITNESS my hand and offici4: seal hereto affixed the day and year in thiso certificate above written. r C and r Ithe fate of gtoA, residing at */ oosrtission expires�.�_ 21GINAL EXSISIT "A" NORTHWXST SDILDING CORPORATION, a Washington Corporation, and RENTON SHOPPING CENTRIC ASSOCIATER LIMITED PARTNERSHIP, a Washington limited partnership, together doing business as RVVM BOOMING CENTER ASSOCIATES, a joint Venture; CITICORP REAL ESTATE, INC., a Delaware Corporation, as beneficiary to a< Daed of Trust. R-2613 $801123 JKJ-AG001 235-71 �klGlivAL EXHIAIT "B" PARr,FT. A That portion of Henry H. Tobin Donation Land Government Lot 13 in Section 16. Un. shi 23 and of Tracts 1, 2. and 4 of Supplemental Map described %s follows: Claim No. 37, and of North, Range 5 East, W.M of Renton Shore.Lands Beginning at the intersection of the Westerly production of the center line of Third Avenue, in the City of Renton, with center litre of Primary State Highway No. 5, which point is also described by the coordinates x e^-jal9 1,658,127.77,and y equals 17$,126.72 according to the Lambert plane Projection for the State of Washington. North Zone. the meridian of which projection is used herein; thence South 68'40'3D" East$ along the tenter line of said Third Avenue 234.05 feat to an intersection with the center line of County Road tie. 80 (ALSO MOWS AS Third Avenue Extension.) deeded to Un- County under Recording No. 813638; thence South 77'25'10" West along the center line of said County Road No. 80, 413.29 feet; thence South 12'34'50" East, at right angles to said center lure of County Road No. 80. 30.00 feet to a point on the Southerly margin of sa;,d Cc-unty Road No. 80 and the tr-- point c: be"r-1— t..^tinu:ng thence South IZ'34'Sw" Eas4 199.49 ftet to err intersection with a lime which is parallel to and 191.22 feet Westerly of. neasured at right angles, the Westerly margin of said Primary State Highway No. 5 thence South 19'57'20" last, alon said parallel line. 243.67 feet; thence South 59'31'38" West. at right angles to the City of Seattle power transmission litre easement recorded under Recordinj No. 3664559 and 3429774, 105.04 feet to the Easterly line of Tract 4 of Stsce WashinEton Co=itsiontr of Public Lards Supplemental !'sap of Renton Shore Lands; thence continuing South 59031130" West 10 feet, more or'less. to the Westerly line of Tract d of Supplemental Map of Renton Shore Lands; thents Northerly along said Westerly lire to the most northerly corner of said Tract 4, and which corner also lies an the Fasterly masgin of a street 60 feet in width as platted in said Supplemental Map of Renton Shore Lands; thence Northerly along said Easterly zargin of said street, being an are of a curve, the ceuter of which bears Borth 67.53'36" East, 329,54 feet, en sre distance of 70.52 feet to the most Southerly corner of Tract 7 of said Supplemental Map of Renton Shore Lands; thence Northerly along the Westerly line of Tract 2 of said Renton Shore Lands '72.47 feet, more or less, to the most Southerly point of & strip of land deeded to the City of Banton by dasd -recorded under Recordfna No. 5208793, thence Northeasterly along the Southeasterly tins of said strip following a curve to the right,. the radial touter of which beers South 52 31'32" Last 329.84 feet. an osc distance of 206•.14 feet to ■ pai,at of -revers* CM ; thus Mortherly aloe' an are of a cams the *outer ofwhich bears Owth 1660'Cr host. 100.00 foots as are distance of 145.30 feet to a pOtat of taugomys poRTWNST BUILDING GOR 6ORAT I Ora Page 2 of 4 R-2613 Mel 1 x3 ORIGINIA1�-acool 23S-71 F.U11BiT „a„ thence North V W 27" West. to the Southerly line of Primary State Highway No. 2; thence Northeasterly and testerly along said Southerly line to a point which bears Borth 77625110' East from the true point of be inning; thence South 77`25'10" crest to the true point of beginning: EXCEPT that &rd rtion lying withia strip of land conveyed to Cit of Renton for Avenue by deed recorded UAder Aacerding No. 5206791; Situate in the City of Renton, County of King. State of Washington. PARCEL 3. That portion of Henry H. Tobin Donation Land Claim No. 37 and of Cover oort Lots 13 and 26 in Section 19. Township 23 North, Range i` 5 Sast. W.M., described as follow: it llet Inning at the intersettior of the gesttrly production c,f the center line of Third Avenue, In the City of Renton, With the center lint of Primary State Highway No. S. which point is also described by the O eoordinates x equals 1,658,127.77 and y equals 178,126.72 according to the Lambert Plane projection for the State of Mashington. North Zone. the meridian of which projection is used herein; thenc. South 68'40'50" East, along the center line of said Third Avenue 234.05 feet to an i-ttersection with the center lire of County ]load Me. 90 (ALSO KNOWN AS Third Avenue Extensionj deeded to King County tinder Recording No. 813683; thence South ,77`25'20" Vest 0-Ong the center line of said County Road No. 110, 413.28 feet; tbsnte South 12034150" Last. at right angles to said tenter line County ]load Np. 80, 229.49 feet to an intersection with a line which Is parallel to and 191.22 feet Westerly of, measured at right angles, the westerly margin of said Primary State Vi hway No. S. thong* South 19"W 20" East, along said parallel lit c 526.Zs feet to the true point of beginnin ' continuing thence South 19.il'20" East, M-55 feet; th+ente North 70*02*40" Ust at ri ght angles to said Primary State 71i hway No. S. a distance of 191.22 feet to the Westerly margin of $ad ?tunarI State iiiFhuay go. 3; • thence South 19*57*20' East, :long said V�sterlp margin. 163.12 feet to the Rortherly line of a tract of land deeded to ".hicago, llilvaukee and St. Paul Railw&y Company by deed record*d under Recording go.. 2354680; thence Slott! 83124`59" host, alob= said Wottherly line 921.24 feet: thence 11ortK 59*31*38" Ust, at right asp lea to the City of Seattle s tv&nsmission JJ= easement retarded under Rerosd AS . os. 3664559 and 3429774. 162.58 feet: thence Portb 30.2e1'22" hest. parallel to said paWSr 1lrme asserent. 32.00 ftet= . tbsaee Nargb 39s31' W east. "7.14 foot to the true pofnt of- utiuning; txCVT portico tbereef eownlrod to the State of liashiuXtod fur widening -of slid ttinaty State Righ"y No. 3 by deed seeord*O under itecoecin 11o. 10l06i; Situate in the City of Eton. Coustty of Xing. State of ilasbiSIton. R-2613 ea01123 1i-A0001 23;1-11 nP1P1N.IA.I EXHIBIT "B" PARCEL C: That portion of Henry N. Tobin Donation, Land Claim No. 37 and 4f Co`serraeat Lots 13 and fd in Section 18. Township 23 North, Range 5 East. W.M. , described as follows; Segitning at t}te intersection of the westerly production of the center We of Third Avenue. in the City of Renton, with the center line of Primary State Nighwoy No. S. which point is also described by the coordinates x equals 1,658,227.77 and y equals 178,226.72 according to the Lambert Plana Projection for the State of Washington, North ?.ones the meridian of which pro ection is used herei>rs- 1, thence South 88140150" East. along the canter line of said Third b" Aventie 234.05 feet to an intersection with the center line of County O Road No. 80 (ALSC MOWN AS Third Avenua Extension) deeded to King q4 County lender Recording No. 813683; N thence South 77'25'10" West along the center line of said County C' Road No. 80. 41).28 feet; a thence South 12034'50" Eastat right angles to sari center line of i M County Road No. 80. 229.49 tet to an intersection with a line uhith is parallel to and 191.22 feet Westerly of. measured at right angles. the iksterly margin of said Primary State Vi�hva�tliNo. 5; thence South 19*57420" East, along said para !el ne, 243.67 feet to the true point of beginning; continuing thence South 19.97 20" Lust. 232.58 feet; thence South 59*31*38" West at right angles to the City of Seattle Sgower transmission line casement, recorded under recording pca. 3664559 and 3429774. 467.14 feet: thence South 30'28'22" East. parallel to said power line easement. 52.00 feet: t thence South 59131138" West. 162.58 feet to the Northerly line of a tract of land deeded to Chicago, Milwaukee and St. Paul Milw+ay Company b7 deed recorded wander OWditor's File go. 3254680; thence Borth 83124059"' West.alonS said Northerly line, 139.95 feet to an angla point in the Easterly line of Tract 4 of State of Washington Comc,issioner of Public Lands Supplemental Ma of Renton Sbare lands; thence North 30102'37" West along the Easterly line of said Tract 4. 163.33 feet to an angle point in said tastaxl line; thence North 24019'59" nest, along the Easterly line of said Tract 4. 62.53 feet; thence North 59'31'38" Erst $05.04 feet to the true point of beginning.' 200 MR WITH that portion of Tract 4 A Supplemental >K+ap of Renton Shore Lands adjoining and lying between the ktesterly production of the Southerly and Northvesterly lines of said premises; SitvAte in the City of Renton. County of Xing. State of Wasbington. IW-AC401 235-71 VINI .1i1VIUM EXHIBIT "e" URCEL D: AM tho s pparti0n; of C*Vt-d- :merit Lots 13 and 16 in or Sectiar, 1t, Township 23 Horth. Range 5 fast, V14 • AND of Tract 4 of Supplemental map o1 ]canton Share Lands. lyin Northerl of the Northerly boundary line of the aright-of-wa of the Fatific coast Railroad company, lying Westerly of the Kest ine of Shattuck Street of Smithers Fifth Addition to ache Town of Kenton. •ecordin; to .he plat recorded in Volume 16 of Plats. on page 33. in Kin; County, ilashin=ton. and Southerly of ■ line. described as fa}lovs: H Re inning at a point in the West line of Shattuck Street in said Smithers-Fifth Addition to the xown of Renton, distant 25 feet Northerly oseasured at right angles. from the Northerly boundary lint of the right- p of -way of the pacific Coast Railroad Company and running q4 thence Westerly parallel to said boondary line, a distance of 425.00 feet: thence masterly along a straight line, a distance of Flo feet, more or less. to a point in the Nest line of said Government Loot 16. distant z 265 feet Northerly. measured along said 'West line from the Northerly boundary of said ri ht«of-xay: thence continuin: vestscly along last mentioned course. a distance of 413 feet. more or lsss.'to the Westerly line of said tract 4: EXCEPT that fostion thereof lying East of the Westerly line of State viovay No. S; Situate in the City of Renton. County of King. State of Washington. P. C"] t7 _0 (V tT »ter! RECORE [7 REI UM In, cxaQ of the City Clerk SA�-038-9' twnwa Mviddpal &—hibig :10 MW Avenue Sow& 4&.a'oa,W A 9w;5 DECLARATION OF COVENANTS AM RESTRICTIONS RENTON SHOPPING CENTER ASSOCIATES, a Joint Venture, (the "Owner") is the owner of certain real property located in the City of Reston, Washington, legally described on Exhibit A (the -Property-). The Property contains properties commonly known as Tax Parcel # 146 (the -Servient Estate") and the adjoining parcels, Tax Parcels # 170 and # 198 (the •Dominant Estate-). The Dominant and Servient Estates are legally described as Parcel -E- on &-�thibit A and further depicted on Exhibit B. The owner desires to facilitate and maintain safe, efficient access both to and through the Servient and Dominant Estates by ensuring the reservation of an easement over a portion of the Servient Estate for the purpose of ingress to and egress from the Dominant Estate onto Rainier Avenue South. THEREFORE, the owner hereby declares that the Property shall be subject to the following covenants and restrictions: 1. Reservation of EaaeMnt. In the event that the -caner transfers to a third party, either the Dominant Estate or the Servient Estate, or any portion thereof, such transfer shall ae subject to the reservation of a permanent easesent and right- of-way for the benefit of the Dominant Estate, over, across, in, and upon a portion of the Servient Estate for the purpose of ingress to and egress from the Dominant Estate onto Rainier Avenue South. 2. Duration of Easement. The easement and right-of- way declared herein shall be perpetual in duration. 3. Successors and Assigns_ The covenants contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the owner, including Without limitation, all subsequent owners of the Servient Estate and all persons claiming through or under them- 4. o r The undersigned owner, its heirs and assigns, or any transferee of the Dominant or Servient Estates, Shall have the rigY.t to enforce compliance iith the covenanter and restrictions contained herein by injunction or otherwise and to recover its reasonable costs, including attorneys fees and costs of such enforcement. 2 8 4 24 M 0 1i IN WITNESS WHEREOF the owner has executed this Easement as of the year and day first written above. RENTON SHOPPING CENTER ASSOCIATES, a Joint venture By: Northwest building Corporation, a general partner J J. Dodd, Jr., esident STATE OF WASHINGTON ) ss. COUNTY OF KING On this 17 day of September, 1992, before me, a Notary Public in and for the State'of Washington, duly comRissioned and sworn, personally appeared James J. Doud, Jr. to ma' known to be the President of Northwest Building Corporation, a general partner of RENTON SHOPPING CENTER ASSOCIATES, a Joint Venture, named in and which executed the within and foregoing inst*maent; and James J. Doud, Jr. acknowledged to me that he signed the same as 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 so to do and that the corporate seal affixed thereto, if any, is the seal of said corporation. IN WXTNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. _ r y Rotary PAblic in land fbr the State of Washington. - f �. My Appointment Expires: C4. : `4 ' { Y 4 EXHISiT A 9 L' GAL bZSCRIPIrraw PJIA�C A: :`at portion of Henry H. 'robin Donation Land Claim No. 37, and of Government Lot 13 ,n Section :B, Township 23 north. Range 5 East. S:.H., and Tracts 1, 2, and 4 of Supplemental Hap of Renton Share Lands described as follows: Beginning at the intersection of the Westerly production of the center line of Third Avenue, In the City c! Renton, with Center line of Pcimar�j Stag Highway no. 5, »Nigh =pint is also described by thm coordinates x equals 1,6S8,127.77 and y equals 173,1.5.7_ a4Cording to the Lambert Plane Projection for the State or Washington, North Zor_e, the meridian of which projection is used herein; thence Sactn 63.40,50' Sast, along the center lino_ of said Third Avenue 234.05 feet �a as ir._ercection with the center line of County Road No. 80 (PLso KffoWN AS Third Avenue Extension) deeded to King County under Recording No. 813638; thence South 77°i5',." West along the center line of said County Road No. 80, 413.29 feet; thence soutK 12'34'50' East, at right angles to said center line of Cour.,y Road No. E0, 1'].00 feet to a point on the Southerly margin of said County Road No. 80 and the true : oin t of beginning; continuing thence South 12034.50' East 199.49 feet to an intersectior. with a line wniz3 is parallel to and 1-91.22 feet Westerly of, measured at right angles, the western margLa of said Primary State Highway Ho. 5; _:'_e.^._e Souzn ;3057'20" East, along said parallel line, 243.67 feet; _!fence South 59131'36' West, at right angles to the City of Seattle power transmission ling easement recorded under Recording No. 3664559 and 3429174, 505.04 feet to the Easterly line of Tract 4 of State Washington Commissioner of Public Lars a Supplemental Map of Renton Shore Lands; hence cunt;suing South 59.31'38' West 10 feet, more or less, to the Westerly Line c° tract 4 of Supplemental pap of Renton Shore Lands; thence Northerly alone said Westerly lire to' the most Northerly corner of said Tract and wh ch corner also ties on the raste_ly margin of a s-reet 60 'net is w44ty as Y:atted ;n said Supplement flap of Renton Share Lands; thence Northerly along said Easterly margin of said atreat, being an arc of a curve, the center Of which bears North 67aSS*38- =ant, 329.54 feet, an are distance of 73-52 feet to ther. S miteauthet ly corner of Tract 2 of maid Supplemental map of .1enton share Lands; thence Northerly along the Westerly line o5 Tract 2 of said Menton Shore Litnds 272.41 feet, .:.ore or less, to the most Southerly point of a strip of land deeded to the __ty of Renton by deed recorded under Recording No- 5206793; thence northeasterly along the Sout:easte=ly Line of said strip following a curve to the right, the radial center of Which bears South 52.31.32' East 329•64 feet, an -arc 'is.a:ee of ;s5._4 ;eat to a pcitit of reverse =carve; thence Northerly along an art of a curve, the center of which Dears Nord: 16.43'07" +;eRt, __-C-CO feet, an are d=seance of 145_30 feet to a point of tangency; thence Norte_: 9•58.22' hest, to the Southerly line of Primary state Highway No. 2; thence R-ar_heaater_y and Zasteriy along said Southerly line to a poi._ which bears `:ort: 77025•:0" East from the tzue point oe beginning: then=e South 77.25'10" hest to the true paint of boqi�nnin4; �xCEP" t:at pardon lying within str;p o: land conveyed to City of Renton for Third Avenue by deed recorded under Recording No. 5205793; -_grate =a the City of Renton, county o: Kong. State of Washiag.Qre. PARCM ax 7hat p:,rt_cn of Henry H. Tobin Donation Land Claim Na. 37, and Of Government Lot 13 azc _5 in Section 18, Township 23 Nord:, Range 5 East, W.M,, described as follows: the intersect:or. of the Westerly groduCtior. of the center line Of Third rver.Le. :: he City of Renton, with certcr :ine of Primary State uighwag :Vo. 5, __.. Goa:_ is also ,:eecrlbed 8v the coordinates x equals 1,658,127.7' and y equate a=z=2in:g to zte _aver_ ?:a :e ?zo_,ectia n _--r the Sate of Washington, "_-2. _: e-e:_a:a: is used herein; 5:=ast,'alon,y ..e tF n --. a' _.._e_sec__.. ; with center line e of sand ^bird Avenue 2]4.05 feet ` th the ecn,er :•re of County Road Na. 83 {ALSO VIZOWN AS Third A e-::e Zxte : k deeded _o lima County under Recording No. 91363e; t,;ence south i or I 77'25.10' west along the center a of said County Road No. a0, 413.2 ■t; thence South 12034.50- East, at _ _ht angles to said center line of Cou..,y Road No, 50, 229.49 feet to an intersection w-th a line which is parallel to and 191.22 feet Westerly of, measured at right &ogles, tie Westerly margin of said Primary State Highway No. 5; thence South 19'S7'20' East, along said parallel line 526.25 feet to the true point of beginning; continuing thence South 19'57'20` East, 393.55 feet; thence North 70'02-40- East at right angles to said Primary State Highway No. 5, a distance of 191.22 test to the westerly margin of said Primary state Highway No. 5; thence South 19'S7.20- East along said Westerly margin, 163.12 feet to the Northerly =ins of A tract of la,%d deeded to Chicago, Milwaukee and St. Paul Railway Company by dead recorded under Recording No. 2354680; thence :forth 63024.59, west, along said Northerly line 921.24 feet; thence North 59•31.36- East, at right angles to the City of Seattle power transmission lint easement recorded under Recording [cos. 3664559 and 3429774, 162.58 feet; thence North 30•28'22' West, parallel to aaid power sins easement, 32.00 feet; thence North 59'31'39" East, 497.14 feet to the trus point of beginning; EXCEPT portion thereof conveyed to the State of Washington for widening of said Primary State Highway no- 5 by deed recurred under Recording no. 5109066/ Situate in the city of Renton, county o: Xing, State of Washington. t2LT_iJi'KM That portion of 9enZ—y g_ Tdbin Donation Land claim No. 3? and of Government Lots 13 and 16 in Section 18, Township 23 North, Range 5 East, W.M., described as follows: 3e9irning at the intersection of the W08ttrly production of the center line of Third AveaUe, in the City of Renton, with Canter line of Pr_rrary State highway No. 5. which Poirt is also described by the coordinatss x equals 1,658,127.77 and y equals 178,126.72 according to the Lambert Plane Projection for the State of Washington.. Sorth Zane, the meridian of which projection is used herein; thence Sc-=t3 SS'40'59- East, along t`.e ce: ter :ins o: said 71"sr3 Av,Zcurs .234..^.5 fit � :-s an _ :teraectiea wilt the canter lira of County Road .to. 80 (F,;,Sp 1+::06il4 AS ;hind Exter_sicn) deeded to Ring Canty under Recordinq No. 813638; thence south 77125.10- :lest along the ranter line of ;aid County Road so. fast 00, 4I3_28 ;hence South 12134.50` Salt, at right angles to said center li..ne of County Road NO_ 80, 229.49 feet to an intersection with a line waicn is paralisi t4 and 19i.22 feet +�esLerly of, measured at r_ght ar,gela, the Westerly margin of said Prime-y State Highway No. 5; thence South 19'S7'20' East, along said para11e1 fine 243.67 feet .o the true point Of beginning; cunt« -suing .hence South 19.57.20' cast, Ze2.53 feet; thence 5o4th 59'31'38' West at right angl#s to the City of Seattle power transmission lt:.e esaesent, recorded under Recording Nos. 3664559 and 3429774, 497.7.4 feet; thence South 30128.22' Eastr parallel to said power line seSgC ent, 32.00 feet - thence South 59'3i138" iciest, _62.58 fast to the Korther:f 1:ne of a tract of land deeded to Chicago, Milwaukee and St. Paul RSilwaY C-mPanY by de*d recorded under Auditor's File No_ 3254660; thence torch 83'24.SS- west along said Rortperly line, 139.95 feet `_o an a:►gle paint ;s the Easterly line of Tract 4 of State of x4shingtca commissior_et of Public Lands Supplemental Man Of -Renton Share Lands; thence North 30'02'37' West along the Eaeteriy line of said Tract 4, 163.33 feet to � t an aayla point in said Easterly line; _hence North 246IS'Se' ;seat, along the Eaetsrly line of said Tract 4, 62.S3 feet; _`e.ce north 57.3�38- East 805.:4 feet to the Lean point of beginning; TOG;:'�--_R Wl=rt that portion of tract 4 of Supplamer_tai Map of Renton Shore Lands ad;. .y and :Yinq between. the Keeterly prZIUct_an Of tter_e Soot.`, and ...___rseamen _Yr . ,:es of said eSlaes; y s_t_ate in tye City of Renton, Courry of King, state of washingtoe. MRcM 0: - t..-sae pcszicra Of Government Lots 13 and :6 ir. Section 18 :a . e 5 Easc, W.?! Township 23 North, w if ADIO of Tract 4 of Supplemental liap Renton Shore Lands, lying Northerl the Northerly boundary line of the right-oi-way of the pacific Coast railroad Company, :;ring Westerly of the West line of Shattuck Street cf Smither■ Fifth Addition to the 'cQwn of Renton, according to the plat recorded in Voluae 16 of plats, an page 33. _n `:in3 County, W aahington, and Southerly c, a line, described as follows: Beginning at a point in the West line of Shattuck Street in said Smithers Fifth Addition to the Town of Renton, distant 25 feet Kortherly measured at right angles, fro= the Northerly boundary line of the right -of -,ray of the Pacific Coast Railroad Company and running; thence Westerly parallel to said boundary line, a distance of 42S.00 feet; _hence Westerly along a straight line, a distance of 7;0 feet, more or less, to a Point in the West line of said Government Lot 16, distant 265 feet Northerly, measured along said west lire from the Northerly boundary of said right-of-way; thence continuing Westerly along last mentioned course, s distance of 415 feet, more or less, to the westerly line of maid Tract 4; EXCEPT that portion thereof ly_n4 East of the Westerly line cf State Highway Ko. 5; Situate in the City of Renton, county of King, State of Washington. P11Fca, L: f i ,h&t portion of ;obis Donation Land Claim and of Government Lot 16 In Section l9, 'township 23 North, Range 5 East, a.s., described as follows: Beginning at a point which is the intersection of the center lines o, Third Avenue. .a the City of Renton, produced Westerly, and State Highway No. 5 running thence South I9056'20" East 488.18 fee.; thence South 77.25'10" West 30.25 feet to the Westerly margin of State Highway no. 5 and the true point of beginn iag; thence at right angles to said Highway South 70.03'40- West 13=.31 feet; thence at right angles and parallel to said State Highway South 15'56'20- East 320 Feet; thence at ,ight angles North 7C'03'401 East 191+31 feet to the weeterlr macq:n of state Highway NO. 5; thence North 19.56'20- West a_ong said westerly margin 320 feet to the Crum point of beginning; EMCE-P-, that oor ion thereof co-deeaed is Sting County Superior Comrt Cause No, Sa7667 to: Priaaary stars Highway No. 5_ Black Riser to Earli:gton; • Situate is the City of Renton, C.-untf of Kirig, State of Washington. PARCEL ra :`at portion of Tobin Donation Claim in Section 18, Tow"trip 23 Worth. Range S Fast tin.!!., described as follows: ' ?egiruninq at a point which is the intersection of the c inter line of Third Avenue in the City of Renton, prc4u ed westerly, and State Highway no. 5; thence South 19056'20" East 388.1a feet; thence South 77"25'10" Weer 30.25 feet to the Westerly :argin of State Highway no. 5 and the true point of riegianing: thence At right angles to said Highway South i0•03'i0" nest 150 feet; _hence parallel to said state Hiquway Sout4 19•55'20- East 100 feet; thence Korth 70103'40" East 150 feet to t10 Westerly margin of State highway Me_ 5; :hence alcrg the same. North 19.56•20- Hest lv^'S feet to :!.a t:se point of Seq; sznq; sXCEP- alit that perticn of the above descriztian lying ,Northeasterly of a line drawn tarailel with and 45 feet 5"th%materly, when eea•�red at w right angles and/or rad:ally, fron the center line _ �:ic: wav No_ 5 - 4 Primary Sate _ . Black 31ver to :a: a.::y^tCn. __gate t'e City c: Renton, Ccurty of 5:-3, State of Waahington. 'A?,'^ 07: at r _t.. - af Gaverrsert :at Section -$, Townsr_p 23 Vorth, Rang@ 5 East, v-. an�! a: HenrY H. -ch :! ^ i.. ..oration Land C.aia No. 37 i : the Southwest If4 of said ect_ar. :3. A.ti3 cf Tracts 2 and 3 and the street gutted _herein of the Coda■ia,a,r r I Of Public Land Supplemental Hap a nton Shore Lands, said street now ted by Ordinance No. 1649 of City of Ren described as follows: Beginning at the most Easterly corner of maid Traet 3 of Renton. Shore Ladder thence Southwesterly along the Southerly margin of Primary State Highway Mg. 2, a dietsnCe of 2.19 feet to the true point of beginning; thence Easterly and Southerly along an arc of a curve to the right having a radium cf 33.63 feet, an arc distance of 106.58 feet to a point of tangency; thence South 59.31.3a' west 80.52 feet to a point of curvature; thence Westerly along an arc of a curve to the left having a radius of 399.84 feet, an arc distance of 150.04 feet to a point on the Northwesterly margin of the streets platted in said map of Renton Shore Lands; thence Southwesterly along maid Northwesterly margin to the North line produced Easterly of the south SS0.92 feet measured diagonally along the w:aterly ary whit` is the Easterly margin of Rainier Boulavard of that portion of Government =Ate 11 and 14 in said Section 19 lying East of Rainier Boulevard and Frimary Scat• Highway No_ 2, and North of a line running due East from the Southeast corner of Lot 25, Block 10, plat of Earlington, according to the plat thereof recorded in Volume 14 of Flats, On page 7, is Xing County, Washington; thence West along said Easterly production and along said North line of said 550.92 feet to the Easterly margin of maid Rainier Boulevard; thence Northerly along said Easterly margin to the Southerly margin of Primary State Highway No. 2; thence Easterly along said Southerly margin to the true point of beginning; Si=uate in the City of Renton, County of Icing, State of Washington Noted below are the Ding County property tax account numbers: 182305-9218-07 182305-9217-08 182305-9216-09 This covers office•addrrss building 722940-W36-00 G00720-0146-046- 000720-0197-02 0007 20-0 198-01 V 182305-9034-09 000720-0209-08 182305-9238-03 182305-9157-00 182305-9220-03 182305-9219-06 722940-0040-04 :22940-0030-06 722940-0020-08 722940-0010-00 000720-0170-03 ',,' 000720-0150-07 182305-9030-04 Note; Tenants whc pay their own prooerr;: tax cf:ec[lj are not :zciuded. r]i -- t • 7 ► e Q �rvaiR �W ��a«�•rs_ t . 4 � M F jot +r.it�ra tit a j �ry� , �• dr a' 30Z-I!:r- u5 ST OF: EMSE TAX NO y� r+ OAL _ Nr�lL 4 ) "WMM FOR uf+MROROUND ELECMC tklf><7EM • For and in conak stem of One Dollar (31 00) end adw valuable ceftideratinn, the rat*" of which is hereby admowledgw, ROUNDUP COMPANY, a Washin" corponffim rarenwe Nmion). prvrft, conveys and warrents to PUdET BOWD POWER i UWT COWA W. a Washing!-n corporation ("Grantee herein), for the purposes hereinafter set'orlft a perpetual easement •der. a -roes and o. ••- the rnuowing described reel pmpetty (me'PrcpwW herein) KING Ct)UNW. Washington. SEE ATTACHED EXHMIT W ExoW as ttttiy be agwwiss ad tw1h herein GrWdw a nghts shall be SWCOW upon that portion of the Property (V*'R4ht-of-Plsf Imeb ) descsI ad astollum: A Right -"ay Den { 10j led in widtfu " five (5) teat of such widtri on each side of a asrRariina ANSCrA d as foraws: iW CONTM&I E OF GRANTWS FAiCWEA AS CONUM CM OR TO W CONSTWA-TM EarfM= OR REIM ATEIN LVSW Wr Mf THE A■f]YE OEl+Cit[#IE� PROPO T1f. {THS EASEe096T WAY NE SLOOMEOW AT A LATER DAZE thin A P=MM!MT VWTN A MORE SPVCFIC EASEMENT OESCR TtOM BAD ON A SLRME1r FINISH ED BY GIf AWM AT NO COST TO QPANTEE.j 1. Pwpo e, Grenbe ehel have the right to aonibuct, opersba. rnapttain, rapsk, replace end W)hWga an aidergrotind eIa't is trsrwrrlaeiarr erdfor diahibubm sydw upon and under" Right-aM" Wgiiiher with elf j nocessay or convenient � swavlore, winch may include but arse not amilrd to the (allowing: underground tonduit5, calves. a mrnunkmbon lines; vsrrlbs, manholes, switcf as, and tmnstarm=: aid harm -buried or ground mounted faCiKm Following the rnkW construction of its facil m. Grantee may ftom time to time Con&MCt SUch addrnonat fecMies as it MWJ require Z. Acoem. Czrar snaM have the right of accm to the Rtght-0f-Why over old e=ss the Property to amble Grar:tee to arose its rights hereunder, provided, that C4WAee 00 compen d@ Grantor for Wry durrepe to the PO T Property caused by tine exarow of Bald right of a: ,ess 3. Obst vc om; Ipi7ep. Grantee may horn time to trrne rernwe trees, bus". m Othlr obstructors wsth,n the Right-a-Wsy and ray hr.* rind grade the R-ptaNlYay to the tides! reasonably ' to carry out the purposes set icrrth in parapaph 1 hereof, provided, that fatlovring " srich work, GrWitee shall, to the redim ressonslOy pracbcsbre, restore the Righd -"ay to tfrt condition it was k"Me6a y prior to surin work Following me insteftseor. of GnmWs undavround I -'its. Grantor may unddtake any ankiacy iertprvvwneM to the fandscapmg cite RSK-of- sy, proves that na trees or enter push shM he placed tnarenn. wIlTh would be unreasorwtbty cgwmive err rrnpracbcal for Grantee to remove end re 1k P. 4. Gynttes tie d fitW-d-Way. CarintOr now%vs the riptd to tm the Right-of-W* for trey purpose not I--sistem with the nit lww granted. provided thst Granter shill not conshud or maintain any I 'go % or oem strweture on the Rgft-a-Vfty. vftch vwuM wasifera wdh Lhe emircnis of the rights herein gr>, Ant that no Gigging, tunnetrng or other form or constructior, act!Wy shelf be done on the Property, which would diatwb the corr4ieCoon err rrrwwM C,rarebes s tac4 ties on the RrlpK-"OY, er endargr the Moral support to sad facilibrs, and that no Wes" sh" be done wit im 15 feet oft* RighII404 sy. 5- l^ Y• By au.Captinp +and -am* 0* saaerrmmt Gwftm egras to ndatrtrti[y mW hog hmnrlees Grantor from Why er,d ells c4htd fw ht)urim Wndfar der i q - - valan d by wq parson. vil id rna)r oa Canoed by ore Grsr ee's aremise al tin ngfda twos granted; providW that Grwdm shall net be Mponsbe to Gn t w for Whr otjuiac an&w ca.nagas to wry Pusan canned by ects or ammbons of Grantor. 6. Abandarrnrertt The rights rivein graded shaft cornien,e until such time es Grantee tenses to use the Rehtaf- way nor a paned or flue (5) su =sIL%* Yeats. In wlavers thin aasantant tihrfl tattttneea arrd II rtgrrts hereunder SW ravant to GrenDr, p►ov+dad that no ativick rier+t shell be deemed by tueve ocrisrad by russaen of Grarave's fadLov to innerly irtatafI i4 farNIj es an Ow Rigid -of -Way wither any period of time from: the dabs her*0 7. Successom end Awsigne, The r# is and abbgshota of the parties shaft wars to the bmu tt of and ne bomb g ups+ aw mpsc va s+rereaawn end fteigna. ORICINNL DATED this j_% _ day of • �': �`•,= .� ` , BY- rw t e=r • r' STATE OF TM COUNTY OF Mc �; M . •fyry 5S On this _ -'1 r'j +�+s� '� lv!I -In �eM�a Nk" P�bt in V kw On S� -of OOno iii otwd a d ewwn. pwm� r'r _ f Ota and , b me known w be the lrrl� - . at SUP COMgJt a- tha mrpor No that on i ; led the %mgck inaWt mwtt and atiuraA the said instr�rt�ent w be the tree end f sat srd dead d said w"raboo. kx the uses and . wpows therein msrtiona,d, and on oath stsi<+d that they suttmw2ad to execute the said motimrsnt cafes: VAX Sur" mws locommm" Ito WWI W Ct711iNOWPr EIS Mara, yew Print 14*nT:: �r ��.-✓ �'AG% Notteg n wd kx on SCAB ol�`� PASM apport *Ares 73 0 ORIGNAL 9405112 XJ/AL1101 23S-71 RONOW COWART EXHIBIT 60 (Pare : of ::'AT FCRTION OF nay H. 'P=x bGR>tilaR MID CUD4 nVwR 37. An jF G7lVZ-iVTn W. 13 :EAT SEMM 15. ';'OWIMP 23 KUP..H. LSJK:r i ::`:/;': k . H .. Wo O0!.y swan 1.. 2 /LLB: % or SVFPLRp[I�k:,. t1RP 4F f unQM SICRL �tiWValrK. I M AS LM : p E� Z ra' : v.i AT Tnm : T: m3E Crxc ! oF T92 VESTULT Pt=UC." I OG OF -.as CFI • r.":XZ CF TINU 1T AV6 , 19 THE CITY GF 2EXTUN. V.1 d Cc9TrA:.I7TE CF MZWT STUS RIGMY Rabou 5, MUCH POINT IS j6= CESC.m28ET' iT THE COORDIM-4SS X CgMmLR 1,i56, W. 77 ARC i EMUS T 4 , :. 6 1?2 . JLP-t fL*7 T!C ?5 IM LAMM PL A= PR=C"00 FOR Ta STA77 !.'F 09KI4I7j[+11. ADM ZrrG, THE P'3MIA11 OF URN PEWEC'TIO■ i5 .'sm IS=TN iEf_K= S:;TI74 GE'4C'50• EAST, ALCIr, ,M CIr�{TL .Uffc OF SAID THIRD A'+T:::E :14.05 F= 10 AE XxTzR3TiC cN MI3'N TU CEN V..Lnm OF ^.. AL Nl"RP S 7 . AL4* SfiL'11! m i A9ll.ITT "V A-017) O'_C_EC KING ',fib 2R==_'3JZ 9C. 613E98; .FwcS SOVIT 7742151101 qERST A:+Ql1G :--S C'71T'nL:'fZ :JF SA= Ootw`!' AOK") !r_735R PC, 413.2$ IM .. '9 T ST UTU 12.34' 5P* WT. AT a..=T ARvaM TO SAZD CE4I'ERLnM zF _CLWY Rt:4PQ NO. 50. 10.00 FEET W A POUT OR Tn 90TTlWMV GLK CF SAID ccum'Y RCAB go. it AM 1'SC Tpm MIT OF rE_r1::. Cr"iMZ30 SW.7 I ]{ ` 5i EAST 146.43 FEET TO AF 10-1 A �.M WRICH IS PAXA14F. TO A= ►3:,2Z FEAT :. $7MLY 07. MLWJ = A7 R2t;tCl A UZS . 71M WESTERLY ?gum Y OF SA= PP,D9.Av !:.)r N2GHWAT 11D. UST, A:A-V- SAi- ! .M ALL - :.Ili, 2i' Ei cr Sxrr. S3'3:,-:is - wn; , A- X'G xv;lm T9 :m C:TT OF :FA.ic.r`. POWER 'AIWS'1:SSION 4:)M CA.SEPOWr REC0AM LTA RECOSCM KS_ 3664535 = 3429174. •05.24 F1E: TO '?.I4S EAST-55W EMM CF 77 :: 4 C! .-Tmn- nQ NwcnlalwA I.WICLSSTom Cr p'E1KZC :A S =FiEmVrL_mL �w CF 2ZIrIQ4 S> tAm)s; 'Za--7-:! cpril • f! • WMT. :G Fes, _-_Mn r F r r r Z 77T WES7EKLY :ITK3 OF _VAC: a or ??'. 7R31L %9 J3 KIN-.M Sawa 7.sac ''r SA= 7RAC" 4. VW VNrCX C'04NRA ALSO LM Off THE r ==EF N A:.Iy GE A s^.iiiX: :, FE.T: is or.= AS PiAT,-D IX sAw M" :F rtEK't T SMR3 :,.'YQS; 7FE'. ;!•'�:¢iiiL. ALW. ravic *I.Y lAvz-kx ti F.1k:.^.. AN AR: CF A --JM. Tqr CMrn CF •cnC1 XFi1AS A.ti A"C :=E OF 70_52 F==T ..,3 i3f �TTr*! t+ :.YOF :Rl a 2 07 S&W suYFuFE1rm POLD oT TZ . SSE :1olt5: :1:-ff:T AtnolG Twr Mn-7R".Y to OT-j'pL`. 2 d- SAID REA:-..Y 5 4E +S ".71.47 F_V~. V�9 0E LDS, 1Y' lor- "! S a -_FMT :C: R; OF A SM;.P OF :AW ilg']W ro 'U ..':,T Or REAi'G 3T :!SEE RECUR-= Chat Rtcm:pri )e. 5204793: =z15MC'= K0RTX=LqTn_Y AP.:RE: TMM ELT 1..-`1E OY 3 SY7FaP A ' 7o YC :"&i R:6 .. = 3UID:a:, Cs7rra GF ► TM SAS SO'-'r ! S2' 3:' 3: • V011 121 _ Ai R!1!7 , AA Aw =ST7NlC= IF 226.14 :EFT PC" T. _MEY ir.2JIM 129rr-%LT WAG AN ARC OF A --M=. 7U CF1)TU CF NUCR 9tAl-C V= .6*43'07- VW. 159.00 1-M, AR ARC DLTrAKCR OP 145.:7 FM TO A P7i717. aw ?ZmspCT: -:M= .1 iit C90Sf':2' K+S, TO TIM SOUTU LT L331Z OF R- h:e P'_ my 1Q. 2; VW-'WZTMT M USTlL' T ALVC S43D SMTMLY LDM .0 A nm R'm -.= !ti►IE:" of Prwfi=.)X '.vTIC ■I-:-jw Si7TP OF Tajo -:-x w Tv TIM fa --% " !'RTC A7R,#Ct rY DRUG tt:om= mnRi."�"xa�I7Ci, nC. 52017ti . ;AZ;K . 2: L 7jAT R7l-IOl*F E`R1R�lyr��11. r7M4!�/f�g�WMT:OV UM CAlK M. 3T AM or 13 rA./�lfr+��*e• .iK ipai�f�w���• vaw7.�w�73r iYV 9405112 KJ/ACOOt 235-71 ti"DUP UWANY Elli.u.r "r," (Nate e 0 ORIGINAL 'iltrcC6 30[*CX 41.401300 MUST.raI+011c TR= CSIlFJtR LM OY SA= t'NITM AVVrJE 234.03 IPM 710 AN I ffRtft Y (W UM TM C901 LM OF COUNT ROAD NO. as fAtW lORM AN TRUD AVZX= ExTEl131001 DOO@ .0 R:NG -tNII'Y WWSR RMCXI ING 40. •13693r :TIrK-E S07M �79WIC' IMST AL011G T3CE CWrCK LoINS OF SAV!� Cwrn RLIAZI C! , xV . 413 .2t FIMT; 'r:ITN T SOWN ' 2034' 50' EAU. AT R191r." AMG"S TO SM CEMM LINE COU:rtY ROAD 110. 10, 229.49 TSE': .0 All UnUln=105 KM A L-M WHICH TS PAULli l.I. TO AM I91. 22 FUT M9"M? OF. MUMM AT RIGHT AMI,ES. rM WtST LY MAMIN Or SAID PR.ilWY STATE lili;llM11Y ND. S. 6VENCi SM-M 19'57'2�' EML MIRS" SAID PAVALLIL L:1►T 526.25 TO '.'wx TAM porn QF 0=10=Gi IMCE COOTI ING SOUTH I9'S7' 20' SM. 394.39 FML't; T'!!E?lCE MO= 70002'401 EAST AT 1UGOT AIIGLIZS TO SAID YRDWY MTS nt ,"A7 W. S. A OrSTA= OP 191.22 mr TD =x IASTMY IfAWII# CT SAM FXDWY STATE MUMMY PO. 5: TlftCE SO= 0457.20' M . ALLLIG SAID NCF=LI PWJMIM. 163.12 Fit-. .D Tim mriTamy LrM5 OF A Tuff Oi LAM rz='" :O CMC=. YICM11:S1CL* AM ST. 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ANO SOT TMUt:r2 OF A L_HE. 7-' IBF.D As FOLIM: 4r .I3Y:: A'T A Porn IN Tm MIST U n Of sm7mck Si'Riflif IN SAID SMr:PZVS FIFTP AZ?D== TO THE TOWN OF RiOi:"ON, OISTUT 25 FM XOR VE-IRLY MEASURED AT RIGNT AW-*LW, FROK TiM 1iORrMMLT DOMARY tt TM RICAT-OF-MAY OF THE PACIFIC COAST RAU4*W COWAAT; J AKD it[I TM TSENM ftEg-.=Y PARALL,ZL, TO SAID B090 ►A7 lam, A IN t;iS'iii.N= OF 425.00 F1'{S:; T4 T.WiCE N ►L,*,'f6RLX ALOW A a RR?GRT 1I=, A C25'iUM CV 710 FM, + r Ir=RE CF U SS, W A FOI.NS ZN M W= LINO OF SAID G*WXWe2P4T WT r� 16, DIS:71T US FSST NORTMU, NELSUM AL01c mm WEST L M- =?CK TIM XORTRMT aCDDtflAAT OF SA-n RIG;z"T-OE-WIY, CON'IIlF3Ili3 W99TERLY A14M LAST llgrriCM Cm'Rm. A DIET rE OF 415 ERE.". M= OR lJW, TO Tn WESTIRLY LM OF SAID T'R,A'Y 4: � . -77L'EPT 7FAT PORTION 7WIRSOF LY!W 9MT OF 7-w- WCSTZP-' Y :JNE OF I;.:3 F{SvFDnIY NO. 5. PX%= E: :i?AT P=- __OR OF KM; N. T'JRRI MMTION A= C'UUM V3. 37, AMA OF G3':En =1t' w-r 1fi. 56CI-10er IS. TOWWONX2 23 , RAPG' 5 VkST i+f XING CoEwn, WASH . MC23190 AS POLLCMSt PF.wIS'!l�iCr AT A PO:15T WH,CR I-t M BOO OF TPE MiM .: t:5s OF "'iS IRD AvLnT, !if rNS CITY OF UNTEN. PRODUCID 1101 LY, FEET: "h-S,q- S U-.9 7'*+:5.19' NEST 30.25 PESR' TO '!'-vt W-PSTERLY *MI=L OF 57MT'E 4:rr-x xr no. 5 AND TWE Tg= ?Qnm OF i8v"'i_-4ir1A13: -SST A^ itl6Te F AX;Lm To SAM Hiro MA7 SOL? 70•0]'AO" 1RST FnT; iFMCK`E AT ZYGEr A KMM AM FAAUZn TO SAM STATE l'SOC7E 19155'20- UST 320 Mr; :iir CE AT F{.=. h71 = NORTH H '!M3' 4 0 • EA.S': .31- 3; FSEl- TO 77EE wes:.Y As4C'23 OF SMATI HILT no. 5; T muKE NOT':if :9 •SE ".0' WES. ALON9 SAID was -.Mir M ummff 320 Fm- 7 � T?L1E ?;Dr. W*lm ; .� C:':SE AG. S47967 ^ON PtngaY $T..TF FUG' -A Y DO_ x, SIACK RIVER TO FAeU. FARTMF:. F_ ::IA: D01RT:09 OF 41M F.E16RY H. TWIN DMMT504 Lilo CLAIN NO. 37, 53f'f:Ow 19, TOIRI',23 RAMGE S 3A5': V-K., rx FCIEIG cmmTY, + slubT>TG1C. IDESMZBED IS VOLLOM: 59GlYNr1+G AT A. "nrr 1+UIC8 IS THE nr.ZRSH=cn OF TP5< =mnm OF 'LRM ;4V=QE I31 IW C=T Of +"{S:Iff3M. BRMXK=) M «:. AM STAT;' RLWMY no. 5; MICE SOUK 13156' 2V um 31 L .14 C-=; 1IMPIS F SOLTEi -7125' I0' iAWT 30.25 FWr TO THE UM"Tliii;,Y mk=TA OF ATZ Rrrr4AT PD. 5 AND ;'ice :m 80i r OF awroMm, .FENCE At R:GAT APQ6RS TO SAID Air-25%Y SCCTR 70•a3'40• WR T 159 r:. I:{eT -e FAAaf,."�L ':G CA=A S~7I"E FII�firAx SOO'iR 19'S6' 20' UkSr !00 FEE-: "H 'T NOL-lu 70403140' EAST 150 F-Sr. TO M N35%.I I+Y MRRGTN CF 5.ATE HISS -AT NO. 5 :lv;Z:CE ;,LQK M S&Mr, ROM 39*5i'2C• M=jL 10Q FEE m -4,;wt TRH P'OM CF Rr:SNiII1n; ORIGINAf 0 . ' KJ/A 2 ORIGINmL 1�.?/l4E7ilU1 2M-71 IE XWUP CWANY EMISIT "As (Page 4 of 4) 1OR?Y.SAS7ZRl.Y QF A Llt:t Mlo PEAL MI'I'H AM 45 nlrr 80L'7fili8g' MUD U AT RAD=,r. F KM . m Cruet t-In op P RU9&'f Sr� 7 � G SAR":,DC vm. RWL"� RIVR} VMIML Gs -"'A"NP5 CASr Y.M CF � Lit 11. S R�Op 13, 23 9a11I. �iEMsM FA M. , 'or KM ODOM, r m=orm 7*01* DO"?'= LIM a" -MD. 37 rM To or 1MM11to M. 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UTGUMY AID. 2, AM MOM OF A 1.IM8 RO!¢I71C WE MST OF L07 2S, W,= IC. pUW op WLIW-TW, AC1C W ,o -.a FLAT T&MtDOf ALOHA rif YC; li OF FJl':S. PWM 7, IS SILO COGM. tlr; srso S siSS; A;,Q r SJtiOW7=LT MMMMM AND Mat SAM r_*Ut 0? SA= 530.92 ner To Tm ZLT=Lr pawn of Sm RAij � XOn=nT ALL sILm Syr awwcar TO m s y '"�" rxseL Y�Pon= ro rat Tmm vrr aW 0 c.o Return Address City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 pATY QF_IIT gioTFAS 16.ft KING CQLINTY11W0 Partial Release of Easement Property Tax Parcel Number 182305-9215, -9218, - 9219, -9238 Project File # RE-99-001 Street Intersection Menton Center Way SW & S Jr —Place Reference Number(s) of Documents assigned or released Additional reference numbers are on page —NA_ G ran tor(s): G rantee(s) 1 City of Renton, a Municipal Corporation I Roundup Company The Grantor is the owner of a utilities easement acquired from Roundup Company dated on September 25, 1995, as recorded under King County Recording Number 95 10090749, records of King County, State of Washington, The CITY OF RENTON does hereby abandon and release all rights acquired under a portion of the above referenced utilities easement, said portion being described as follows That portion of a utilities easement grantcd by instrument recorded under King County Recording No 9510090749, Records of King County, Washington, which lies between a point five (5) feet westerly of referenced Point "I" and a point five (5) feet easterly of referenced Point "A", and between a point five (5) feet easterly of referenced Point "A" and a point five (5) feet westerly of referenced Point "B" as described therein, including the appurtenant extensions thereto All situate in the SE 1A and SW %. of Section 19, T 23 N, R 5 E, W M , City of Renton, King County, Washington See Exhibit "A" for the above -referenced recorded utilities easement legal description and Exhibit "B" for a map exhibit But this release shall not impair the utilities easement rights acquired and recorded under King County Recording No 9510090749 as to the utilities easement not hereby released Except as explicitly released by this docuirtent, the remaining City easement rights shall remain in full force and effect i1+f w1 SS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clhrlc this day .31 of 12000 � M R Jesse Tant�pr . L (� DeputyCTTY CLERK , Brenda n +, STATE OF WASHINGTON ) SS COUNTY OF KING ) f r m A M," I certify that 1 know or have satisfactory evidence that Jesse Tanner and Mi i*n-Petersen are the persons who appeared before me, and said persons acknowledged that they signed this mstrument, on oath stated that they riisd to execute the instrument and - acknowledged it as the MAYOR, an cCLERK, CITY OF RENTON, to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument ' Notary Public in d for the State of Washington Notary(Print) M (G k Yi i iL h n My appointment expires 01 I) -Do I Dated S 3i Zopp RE99001 F doc Page I of 9 EYV"'S TAX NOT REQUIRED � eputy ATTACIEMMNT "A" T. •-•0i1.�1 3: 9411�3� A STRIP OF LAND 15 00 FEET IN WIDTH LYING 5 00_FEET TO 'I FEET TO THE RIGHT OF THE FOLLOWING DESCRIBED LINES, 4 9�AA— R., BEGINNING AT A POINT ON THE SOUTIMESTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND SHOWN ON THE RECORD OF SURVEY FOR NORTHWEST BUSMING CORPORATION, RECORDED IN BOOK 49 OF SURVEYS AT PAGE 278 UNDER AUDITOR'S FILE NUMBER $606039020, ICING COUNTY RECORDS, SAID POINT BEARING N28002' 31'W 332 73 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL TO A POINT HEREINAFTER CAT I ED 501 FOR REFERENCE, 0) THENCE FROM SAID POINT OF BEGINNING N58°2840"E 25 80 FEET TO A POINT O R REFERENCE, THENCE N581"28'40"E 138 89 C? FEET TO A POINT HEREINAFTER CALLED 523 FOR REFERENCE, THENCE C S31-4643"E 18 20 FEET, THENCE S85-03-44" >~ 35 54 FEET TO A POINT HEREINAFTER CALLED 414 FOR REFERENCE, THENCE S85°03'44'E 9 68 FEET, THENCE S82°42'54"E 14 163 88 FEET, THENCE S77°08'31"E 46 11 FEET TO A POINT HEREINAFTER CALLED co 556 FOR REFERENCE, THENCE S77.08-31 "E 3 21 FEET TO A POINT HEREINAFTER o CAI.1 ED 557 FOR REFERENCE, THENCE S77°08'31"E 36 04 FEET, THENCE N60°5658"E 60 04 FEET TO A POINT HEREINAFTER CALLED POINT "B" FOR REFERENCE, a THENCE N60°5658"E 33 43 FEET, THENCE N30"30'04"W 50 47 FEET TO A POINT C.o HEREINAFTER CALLED POINT "C" FOR REFERENCE, THENCE N30"30'04"W 10 64 FEET TO A POINT HEREINAFTER CALLED 485 FOR REFERENCE, THENCE C, N30°30'04"W 42 78 FEET TO A POINT HEREINAFTER CALLED POINT "D" FOR o REFERENCE, THENCE N30°30'04'W 14 59 FEET TO A POINT HEREINAFTER CALLED � POINT "E" FOR REFERENCE, THENCE N30°30'04"W 48 14 FEET TO A POINT HEREINAFTER CALLED POINT "F" FOR REFERENCE, THENCE N30P3UO4"W 19168 FEET TO A POINT HEREINAFTER CALLED 433 FOR REFERENCE, THENCE N30030'04"W 4146 FEET TO A POINT HEREINAFTER CALLED POINT "G" FOR REFERENCE, THENCE N30030'04"W 3 17 FEET TO A POINT HEREINAFTER CALLED POINT "H" FOR REFERENCE, THENCE N30-3VWW 4 49 FEET TO A POINT HEREINAFTER CALLED POINT 545 FOR REFERENCE, THENCE N30°30'04"W 24 15 FEET TO A POINT HEREINAFTER CALLED 532 FOR REFERENCE, THENCE N30030'04"W 50 44 FEET TO A POINT HEREINAFTER CALLED 547 FOR REFERENCE, THENCE N30030104"W 31131 FEET TO A POINT HEREINAFTER CALLED 517 FOR REFERENCE, THENCE N30030'04"W 84 52 FEET TO A POINT HEREINAFTER CALLED 534 FOR REFERENCE, THENCE N30°30'04"W 28 37 FEET TO[ POINT HEREINAFTER _ CALLED "I" FOR REFERENCE, THENCE S5805973"W 130 45 FEET TO A POINT �r#r�5—DD�so Page 2 of 9 HEREINAFTER CALLED 386 FOR REFERENCE, THENCE S59°48' 10"W 98 87 FEET TO A POINT HEREINAFTER CALLED 560 FOR REFERENCE, THENCE S59048'10"W 27 24 FEET, THENCE S13°03'12"W 90 66 FEET, THENCE S31°10'54"E 16 36 FEET TO A POINT HEREINAFTER CALLED 399 FOR REFERENCE, THENCE S31 °1(754"E 9036 FEET TO A POINT HEREINAFTER CALLED 393 FOR REFERENCE, THENCE S310104"E 28 72 FEET TO A POINT HEREINAFTER CALLED 395 FOR REFERENCE, THENCE S31*10'54"E 27 38 FEET, THENCE S30°19'16"E 186 32 FEET TO A POINT cam+ HEREINAFTER CALLED 399 FOR REFERENCE, THENCE S30°1916"E 62 40 FEET TO A r'' POINT HEREINAFTER CALLED 404 FOR REFERENCE, THENCE S3VI9'l6"E I44 08 FEET TO A POINT HEREINAFTER CALLED 525 FOR REFERENCE, THENCE S24040'QO"E 44 35 FEET TO A POINT HEREINAFTER CALLED S24 FOR REFERENCE, THENCE S31-2011"E 34 48 FEET TO XETURN TO THE c. AFOREMENTIONED POINT CALLED 523 AND THE TERMINUS OF THIS LINE AND c� N EASEMENT ua O c C ALSO BEGReMG AT THE POINT H RE MEFORE CALLED 414, THENCE FROM Ls O SAID POINT OF BEGINNING S0405616"W 16 65 FEET TO THE TERMINUS OF THIS � M LINE AND EASEMENT cam+ C? ALSO BEGROMG AT THE POINT HEREINBEFORE CALLED 556, THENCE FROM SAID POINT OF BEGINNING NI6*31'47'E 25 79 FEET, THENCE N24°51'50"W 24 66 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT ALSO BEGINNING AT THE POINT HEREINBEFORE CALLED 557, THENCE S 12° 14VI "W 153 44 FEET TO A POINT HEREINAFTER CALLED 482 FOR REFERENCE, THENCE S 19"33'06"W 35 26 FEET TO A POINT HEREINAFTER CALLED 567 FOR REFERENCE AND THE TERMINUS OF THIS LINE AND EASE11+lE?a. ALSO BEGINNING AT THE POINT HEREINBEFORE CALLED 482, THENCE. N80008'32"W 14 61 FEET TO THE TERNM47JS OF THIS LINE AND EASEMENT ALSO BEGINNING AT THE POINT IEREINBEFORE CALLED 495, THENCE FROM SAID POINT OF BEGINNING N59"29'56"E 13 19 FEET TO THE TERMINUS OF TMS LINE AND EASEMENT ALSO BEGINNING AT THE POINT HERELNBEFORE CALLED 433, THENCE FROM SAID POINT OF BEGINNING S59'2956"W 3182 FEET, THENCE N29`3730'W 23 00 FELT TO THE TERMINUS OF THIS LINE AND EASEMENT 5-ao1KO Page 3 of 9 ALSO BEGINNING AT THE POINT HEREMEFORE CALLED 545, THRICE FROM SAID POINT OF BEGINNING S59°29156"W 16 32 FEET TO A POINT FROM WHICH THE SIDELINES OF SAID STRIP LYING 5 00 FEET TO THE LEFT AND 24 00 FEET TO THE RIGHT OF SAID LINE, THENCE S59°29'56'W 42 96 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT ALSO BEGINNING AT THE POINT HEREEINBEFORE CALLED 532, THENCE FROM SAID POINT OF BEGINNINGN59°04'44'H 326 54 FEET, THENCE N09013'58"E 95 99 Q' FEET, THENCE: NW4&'02"W 14 44 FEET TO THE 7FRMIHIIS OF THIS LINE AND { ` EASEMENT, AT A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL 0 a ALSO BEGINNING AT THE POINT HEREMEFORE CAI TED 532, TM NCE FROM cn SAID POINT OF BEGINNING S5902956wW 16 32 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT ca ALSO BEGINNING AT THE POINT BEFORE CALLED 534, THENCE FROM N SAID POINT OF BEGII4MGN58058750E 105 71 FEET, THENCE N47°35'05"E 200 69 s ' FEET, THENCE N02041-58"W 59 66 FEET TO THE TERMINUS OF THIS LM AND o EASEMENT, AT A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL C-4 ALSO BEGINNING AT THE POINT HERHMEFORE CALLED 517, THENCE FROM SAID POINT OF BEGngNlNG N5M(Y56mE. 13 24 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT ALSO BEGINNING AT TBE POINT HEREINBEFORE CALLED 386; THENCE FROM SAID POINT OF BEGINNING N28019'53"W 53 10 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT ALSO BEGINNING AT THE POINT HEREINBEFOR$ CALLED 560, THENCE FROM SAID POINT OF BEGINM NG N28020'26"W 62 43 FEET TO A POINT HEREINAFTER CALLED 561 FOR REFERENCE, THENCE N28°2026"W 9.93 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT, AT A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL ALSO BEGU MNG AT THE POINT HEREINBEFORE CALLED 561, THENCE FROM SAID POINT OF BEGINNING S61°3914"W 25 36 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT, AT A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL Page 4 of 9 ALSO BEGLNNING AT THE POINT HEREINBEFORE CALLED 389, THENCE FROM SAID POINT OF BEGINNING S58049'06"W 12 55 FEET TO THE TERMINUS OF THIS LINE AND EASEMI NT ALSO BEGINNING AT THE POINT HEREMEFORE CALLED 393, THENCE FROM SAID POINT OF BEGINNING S58049'06"W 14 38 FEET TO THE TERMINUS OF TIES LINE AND EASEMENT Cm ALSO BEGINNING AT THE POINT HEREINBEFORE CALLED 395, THENCE FROM � SAID POINT OF BEGINNING N58°49`06"E 18 00 FEET TO THE TERMINUS OF THIS © LINE AND EASEMENT ALSO BEGINNING AT THE POINT HEREINBEFORE CALLED 399, THENCE FROM SAID POINT OF BEGINNING S59040'44"W 33 21 FEET TO THE TERMINUS OF THIS o LINE AND EASFZIE TT ALSO BEGINNING AT THE POINT HEREINBEFORE CALLED 404, THENCE FROM 0 0? SAID POINT OF BEGINNING N59°40144"E 1710 FEET TO THE TERMINUS OF THIS c� LINE AND EASEMENT "` a SJ1 ALSO BEGEOWG AT THE POINT MMEINBEFORE CALLED 525, THENCE FROM SAID POINT OF BEGINNING N59"40'44"E 1174 FEET, THENCE N30' 19' 16"W 15 44 w4 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT 31� C? ALSO BEGINNING AT THE POINT HEREINBEFORE CALLED 524, THENCE FROM SAID POINT OF BEGINNING N54023'55"E 18 45 FEM TO THE TERMINUS OF TICS LINE AND EASEMENT ALSO THE FOLLOWIN 10 OOT WIDE EASEMENTS THE CENTERLINES OF WHICH ARE DESCRIBED AS FO WS BEGINNING AT THE POINT HME EINBEFORE CALLED""Al, THENCE N31 °31'20^ W 44 33 FEET TO THE TERMINUS OF THIS LINE AND DESCRIPTION BEGINNING AT THE POINT HEREINBEFORE CALLED"*B'� THENCE S30038'43 "E 17191 FEET, THENCE S12°4253"E 37 80 FEET, THENC�M8°12'41 "W 29 18 FEET, THENCE S77° 14U VW 37 05 FEET TO A POINT HEREINAFTER CALLED POINT "J" FOR REFERENCE, THENCE S7r1431"W 315 06 FEET TO A POINT HEREINAFTER CALLED POINT "K" FORREFERENCE, THENCE S77°14'31"W 51 77 FEET, THENCE '*q5-W Page 5 of 9 c+ cv r� 0 �rx cv '� S66019'30" W 43 18 FEET TO THE EASTERLY MARGIN OF HARDIE AVENUE SOUTHWEST AND THE TERMIIwTUS OF THIS LINE AND DESCRIPTION BEGII+TMG AT THE POINT HEREINBEFORE. CALLED "J". THENCE S 12°45'29"E IS 00 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT BEGINNING AT THE POINT BEREMEFORE CALLED "K", THENCE S13*03'13"E 15 00 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT BEGINNING AT THE POINT HEREINBEFORE CALLED "C", THENCE S5902956"W 27 00 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT BEGINNING AT THE POINT HEREINBEFORE CALLED "D", THENCE N59029'56"E 22138 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT BEGINNING AT THE POINT HEREINBEFORE CALLED "E", THENCE S59-29-56-W 77 58 FEET TO THE TEPJAINUS OF THIS LATE AND EASEMENT BEGINNING AT THE POINT BEFORE CALLED "F". THENCE S58°53' 16"W 73 88 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT BEGINNING AT TBE POINT HEREINBEFORE CALLED "G". THENCE S59029156"W 70 45 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT BEGINNING AT THE POINT HEREINBEFORE CALLED "B". THENCE N5901517"E 263 66, T 3ENCE. N21-14-47-E 56 02 FEET, THENCE N6V42'02"E 200 97 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT, AT A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL. CObUdENCING AT THE POINT I INBEFORE CALLED "I", THENCE Ni7°19'53"W 11 14 FEET TO THE POINT OF BEGINNING, THENCE N24`4254`W 70 05 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT AT THE RIGHT OF WAY LINE OF HARDIE AVENUE SOUTHWEST COWUdENCING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN ON THE RECORD OF SURVEY FOR NORTHWEST BUILDING CORPORATION, RECORDED IN BOOK 49 OF SURVEYS AT PAGE 278 UNDER AUDITOR'S FILE NUMBER 8606039020, KING COUNTY RECORDS, SAID CORNER BEING A POINT ON A 1509 12 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST ON THE EASTERLY RIGHT OF WAY LINE OF HARDEE AVENUE Page 6 of 9 SOUTHWEST AND TO WHICH POINT A RADIAL BEARS N66°5707"E, THENCE COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 6*52'14" FOR ADISTANCE OF 180 97 FEET, THENCE N29-53'08"W 288 07 FEET TO THE BEGINNING OF A 1436 45 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°24'510 FOR A DISTANCE OF 85 60 FEET TO A POINT HEREINAFTER CALLED POINT "L" FOR REFERENCE, THENCE CONTINUE ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 4°23'42" FOR A DISTANCE OF 11018 FEET, THENCE N22°0415"W 182 91 FEET TO THE BEGINNING r� OF A 329 80 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 12053*40" FOR A DISTANCE OF 74 22 FEET TO A POINT HEREINAFTER CALLED POINT "M" FOR Ln REFERENCE, THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51*1339" FOR A DISTANCE OF 294 88 FEET TO A POINT tio HEREINAFTER CALLED POINT "N" FOR REFERENCE, THENCE CONTINUE ALONG c� THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °16'20" FOR A DISTANCE OF 180 00 FEET TO THE BEGINNING OF A 100 00 FOOT RADIUS REVERSE c� CURVE CONCAVE TO THE NORTHWEST, THENCE ALONG THE ARC OF SAID � CURVE THROUGH A CENTRAL ANGLE OF 69038' 55" FOR A DISTANCE OF 12156 c ; FEET TO TEE POINT OF BEG31WING, THENCE ON A RADIAL LINE S86019'48"E 10 00 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT Q BEGINNING AT THE POINT HEREINBEFORE CALLED "M", THENCE ON A RADIAL ti(} LINE N80°4V03"E 10 00 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT C0MT*MNCING AT THE POINT HEREINBEFORE CALLED "N", THENCE ON A RADIAL LINE N47057' 18"W 60 00 FEET TO TEM POINT OF BEGMNNING; THENCE CONTINUE ON SAID RADIAL LINE N47*ST 18"W 10 00 FEET TO THE TERMINUS OF THIS LINE AND EASEMENT ALSO THE FOLLOWING 20 00 FOOT WIDE EASEMENT, TFE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS BEGINNING AT THE POINT HEREINBEFORE CALLED "L", THENCE N63°31'44*E 35 00 FEET TO THE'TERIVIINUS OF THIS LINE AND EASEMENT THE SIDELINES OF THESE EASEMENTS ARE TO BE EXTENDED OR FORESHORTENED AT THEIR TERMM, IF NEEDED, TO BECOME CONTIGUOUS WITH THE BOUNDARIES OF SAID PARCEL. OR WITH THE BUILDING LINES, WHERE APPLICABLE Page 7 of 9 ALSO AN EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE POINT HEREINBEFORE CALLED 567; THENCE FROM SAID POINT OF BEGINNING N77011'00"E 12 08 FEET, THENCE S I2°49'00"E 23 64 FEET TO THE NORTHERLY FACE OF AN EXISTING BUILDING, THENCE ALONG SAID BUILDING FACE S77'11'00"W 28 36 FEET, THENCE N12-49100"W 29 00 FEET, THENCE cr, N77-11-00"E 7 83 FEET, THENCE S70°M6'54"E 10 00 FEET TO THE POINT OF BEGIlR41NO r� a c THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE RECORD OF SURVEY FOR NORTHWEST BUILDING CORPORATION, RECORDED IN BOOK 49 OF SURVEYS ON PAGE 278 UNDER AUDITOR'S FILE NUMBM $606039020 c� THIS EASEMENT, IN IT'S ENTIRETY, IS LOCATED IN SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, VVUAAhdFM MERIDIAN, CITY OF RENTON, KING 00 COUNTY, WASITNGTON Q p a a Page 8 of 9 Cz ca cz r I FA Exhibit B sw [ sunset $ I 1 ? l � err I Gov Page 9 of 9 It Return Address: Stoet Rives u' Suite 2690 9W SW FiM Avenue Portland. Oregon 97204-1268 Attu: Steven A. Moore DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (Renton, Washington) Grantor: 1. ROUNDUP CO., a Washington mrpvration, doing business in the state of Washington as "Fred Meyer') GGrantee: Rr C 1. ROUNDUP CO,, A Wadd rgion ewporathm, doing btaineas in the state of Waslnlggtorn as "Fred Meyer") tx&W Description: I. Abbreviated form (lot, block. plat name. section -township -range): 2. Additicm l legal description is on Exhibit 1-A and 1-8, pup 1 of the document e Assessor's Frn rty'fan Parcel Account Number(s): .r t 0097204209-08 182305-9157-00 .Y fi 1823ti5-9213-00 1$x3MS-9238.03 ,a 1823054221-02 00072"19"1 182M-9218-07 000720-0170-03 Y 4- 18231?5-921946 000720-014" FRED MEYER Cr&R FARM - 9/97 • Updated Form E-1 Primed WE. Much 13. 1999 000720-0150-07 000720-0197-02 18230&9034.09 Return Addrm: S&vJ Rive@ 1-u Suite 2600 900 SW FiR6 Avenue Pordm d. Oreg m 47204-I U4 Atte: Steven A- Maarc 0 �cc r . DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS C �r im, ROUNDUP CO., r waaWngtaa owporution DECLARANT Concernia8 Property Located at io WK C20h, wmwmm FKED MEYER CC&R FORM - 0197 - Upddd Form & I Prinud lap: jaw ry 20.1999 Yb%IA-W321.2 49M2M Table. of Conlenls I. Definitions. ... • •................................... • .... • . 1 2. Building and Common Area Development. ....... • .... ....... ....... 3 2. I Site Plan and Architectural Revriew. . . . . ... . ..... ........ ...... 3 2.2 Common Area . ..... . ......... . • • . • ..... ..... ... . .... 3 -1.3 Type and Iksign of Building. • I ...................... ..... 3 2.4 Construction Requirements. ........... ... ..... ........ 4 2 11 Casualty and Condemnation. ....... ... . ............ 5 2-6 Signage; Sign F_uetnent. ... • ......... • ... • ....... ......... 5 2.7 Butldtttg Code Setha4- . . . . . . . . . . . . . . . . . . . . . . . 2.8 Temporary License ........ .............. • ... .... ...... 6 2.9 Boundary Line Con truction r 7 L7 C.3. Access bLwments: Parking. . . . . . . . . . .. . • . . .. . . . . . . . . . .. . . . . . . . 7 3-1 Access Easements in Common Area. ....... ..... ... ..... ... 7 �++ 3.2 Parking ...... .... ......... .... . . .. S 3.3 Rules. .......... •.. .........................•. 8 r; 3.4 No Barriers. .. .......... ..... .. . ..... R T V• 4 Failure to Operstr Non -Anchor Parcel. . . .. . ..... . ... ... . 8 4.1 Certification of lrnpro�emcnt Cost .... • ....... ... . • ....... R 4.,.Go-Dark" Provisions• ........... . . .... ..... ............. . 9 5 Rcatriclion on Use . . ...... ....... • .. . . ... . ..... ............. W 5-1 Restrictions on Certain Parcel. . ...... ...... ..... ....... . ..... 10 5.2 General Restrictions on Use . ....... ..... . ..... . ........... 11 5.3 Approval of Proposed Use. ... ...... .... • ... ......... 11 5 4 Alcohol Sales. ... ........... .. .... . 5 5 Mall ICectrlclions ..... . ... . I . ..... • . .... - 12 5.6 i>nvironmenial Provisions for Gasoline Service Stations. ...... • . .... 12 5 7 Additional Restnctions. ...... . ..... I ........ I . • • .... 15 1 6• Aticcptancc of Restrictions ............. 15 I 7 Maintenance of Parcels. . . . . . . . . . • . • • 15 7 1 Generalls. Common Area htaintenance. ................ ........ 15 7.2 Maintenance Prior to Developnwrit. .................. • . , ...... 15 1 3 klaintenance of Exterior. .. • .. ..... 16 7.4 Parking Lot Lighting .... .......... • .................... 16 R l.'tifil}• Easements. ... ... 16 S 1 Grant of Utility Easements . ................. . .... • • . . .... 16 P-RCb \IF VE R ('('ALR F'C)RRt 9 97 UpdrteJ Fmn is t Peintrd text ignudn 20. 1999 PUitA 1-75,1 ; 449M:00 .-% NW w L^ CJJ` { rf r r. 9.2 Tenns of Utility F;asements. .. ..... ... . ...... . .... ......... 16 8.3 Storm Drainage. ...... .............. ... ...... ...... .. 17 9- Alteration of Common Areas. Building Areas and Building Envelopes. - .......... 17 9.1 In general . ......................................... . 1 � 9.2 Required by Governmental Authority. . .. .................... 17 9.3 Relocatod Common Area. .... . ......... . . . . . .. ........ 18 10. Hazardous Materials . ............................ . . . ......... . 18 H. Condemnation . ..... .. ....... ................. . . ... ....... .. 18 r?.- Insurance . ..... . ............................ . . .......... .. 18 13. Common Acccss Maintenance. ... ..... ...... . . . ...... . 19 14. Defaults . . ....... .......... . . . . . ....... . . ............. 19 14.1 Defaults . .. ... ... ....... ...... .... . . ........ I - - . 19 14-2 Injunctive Relief. .......... 19 14.3 Ueclaranr's !tight of Self -Help. .................... .... 2t7 14.4 Effect of I)efault or Hon-1.'9c- .. ... . .. ...... '0 15. Tertn. ...... ..... ...................... ....... 20 16 General Provisions. . ........ 21 16.1 StAhts of Title: Propemy Tax,-%. . ........ .. 21 16-2 Protex:lion of nights of Mortgagees. ...... . . . ... ...... ... 21 16.3 Waiver . .. . . .... ...... ...... .... ...... . 16.4 Attorneys' Fees . ....................... . ........... . . . ... 21 16.5 Indemni1v. ......... ...... ....... • 21 16.6 Entire Agreement. ........ ......... .. ..... .... . . 21 16.7 Govcming Law •. .......... ........ .... 22 16.8 Status Cerlificate. Information . ................ .. ..... ....... 16.9 itioticcs. ..... ........ ... ...... . . .... ...... 22 16.10 Amendments- - - ... . ... . 23 16-1 1 Effect of Declaration. ... 23 16. 12 Successrrrs and Assigns. .. ......-3 th. 13 Effect of Invalidation .... .... ..... ....... 24 16.14 Not a Public Dedicalion. .......... 24 16. 15 No Partnership: Disclaimer. ................. . ............. 24 16. It, E;crcise of Approval Rights; Limitation of Claims. 24 16. 17 Prime Lessor and Sale and Sate -Leaseback Purchaser . .. . . ............ 24 Ih,18 Third Part) Beneficiary Rights . ................... ..... . . 25 16 19 Farce Ma}oure............. ..... .... .... . ... . . ...... 25 1h.20 interpretation: Other Provisions . .. ...... ...... . ..... .... ... 25 FREE AIF'r FR CCAR FORM Urd4rcd Farr F. t Pmitcd left Jmwarr ;Q, 1999 PON I '1 I }: i . 4000 :.046 DECLARATION OF COVENANTS, CONDMONS, __ .RESTRICTIONS AND EASEMENTS { Renton_Ercd_ Meyer lk—yeloRMent in King CourtLy. W&§hi_qgi!pn) 'this DECLARATION OF COVENANTS, CONDITIONS, RF_';MCTI0N5 AND FASI:htI;NTS (the "DeiJaration") is made this 7t?#+1 day of �� 1�x�yl 199�, by ROUNDUP CO., a Washington corporation doing httsiness in the state: of Washington as "Fred Meyer" ("Decistrant" ). Declarant is the fee owner of certain parcels of real property described on the attached Exhibit I and are generally as shown on the site plan or parcel map attached as Exhibit_ 2 ;each of The parcels into which the property now is divided or as it may subsequently be divided pursuant to this D"laralinn is individually referred to as a "Parcel" and are collectively referred to as "Parcels"). beclarant desires to have such Parcels developed and used in an integrated and coordinated manner. As used below, the "Deve Tmeant" consists of the Parcels. and any additional land owri d and/-)r rrom time to time operated as part of the retail development an such Parcels (subject to �. the limitations stated below concerning the necessity for arnending this Declaration or obtaining Declarant's approval to add any land area). { NOW,1- IEREFORE, in order to assure the orderly and beneficial development of the Parcels, (� Declarant does hereby declare that all Parcels in The Development sha!I be held. sold. leased and [1 comcy'cd subject to the provisions of this Declaration, which shall run with the land and shall he binding a: on and inum to the henefit of all patties having or acquiring any right, title or interest in the Development or any part thereof. and all heirs. successors and assigns of such parties. on the following terms: T I. Definitions, 'The following terms shall have the meanings set forth below: "Anchor Pprcel": The mat property described on Exhibit I-R. In the event this real property is herealltcr di+,ided. Dalarani shall determine which of the subdivided parcels is the Anchor Parvel i roP tided. Declarant reserves the right to determine Iltat each or all of the subdivided portions of the Anchor Parcel constitutes an Anchor Parcel for purposes of the use restrictions set forth in this 1?4:4laration). "Building Area All those areas on each Parcel on which huildings or other cominvrcial structures are constructed in accordance with This Declaration, together with any drive - through lancs. outdoor play or eating areas. and outdoor sales areas shottn on any site plc^ appmted by DeJarant "B it i nrr I e": The area on each Non -Anchor Parcel that Declarant has apprutcd for use as Building Area. -Me initially approved Building Fnvelopes are shown on the site plan attached as Exhibit 2. If no Building Envelope is shown on such Exhibit 2. or if an Owner desires to change its Building :antelope, then such Building Ent elope or change therein will be subject to the apprmal of Fred hley-er pursuant to this Declaration. A Parcel's Building Envelope may be larger than the Building Arca that is or will he permitted on such Parcel under the provisions of this Declaration or under applicable land use regulations: the purpose of the Building Envelopes is to generally identif} the portions of the lion -Anchor Parcels that may contain Building Area. F-R''U hit-YU !'(Ak t'ORRt 9 97 Vphted Form E. t Pr=n,ni Isar iimllkit 20. 19" Pny t.a QIKI : sa)W 11046 "Common Area": All those areas on each Parcel which are not Building Area. C'attopies which extend over the Common Area, together with any columns or posts supporting the same, shall be deerned to be a part of the building to which they are attached and not a part of the Common Area. I: The undersigned ROUNDUP CO., and Its succtssors and assigns as fee owner or lesxe under a Prime Lease with respect to one or more of (he Parcels_ At such time as Declarant no longer owns or no longer is the lessee under a Prime Lease with respect to at least one Parcel (cr ak Deciarant's option, such earlier time as the Anchor ParM shall be conveyed by Declarant to a third party), all references in this Declaration to Declarant and all rights of approval or consent hcid by Decfarant shall refer. instead, to (and be exercisable solely by) the Owner owning far the Prime Lessee, pursuant to a Prime Rase, leasing) the largest Parcel comprising the Anchor Parcel. "F,BSt's'Jlent Arm": Collectively, the Common Area and the Utility Lasement Area, and, if applicable, any Sign Easement Area. Li v� ri "Major AnehorStore A rrrl store containing at least 75.000 square feet of gross U huilding area. �`.�. "NowAnchor Piarod F,ach Parcel in the Development other than the Anchor Parcel. �r Collectively, the fee owners of each of the Parcels (or in the ct•ent of a v Pritnc Lease. the;t the Prime Lessee of the Parcel for the duration of the Prime I.casei- The singular temi -Owner- shall mean any one of the Owners. "r I": a legalk created parcel of real property within the Development. including u rthout Innitation a parcel created by- partition or subdivision of a portion of the Development - "Permitted P&ff" Each Owner and its respective successors, and assigns; the cinployces. rrpresentatives, agents. licensees, business visitors. customers, and invitees of the Owner: and the tenants of the owner and employees, represcntalives, agents, licensees. business visitors. cumamrrs, and invitees of sash tenants. An "Owner's PerrniiW Persorn" and similar terms shall mean the Permitted Persons whose rights und..r this declaration derive from that particular Owner. "Prune Lease": A least. between the fee ownei (or a Prime Lessee of the fee n%%ner, of a Parcel and an unaffiliated third party tenant, which is a net lease pursuant to which such tenant leases Al or substantially all of the Parcel. If dw Prime Lcsvice (as defined below) under the Prime Lt" itself �II enters into a net sublease of all or substantially all of the Parcel with a third party (affiliated or not) who f assuttcs all of the obligations of the Prime Lessee under the Prime Lease. then the sublease with such third party will also be a Prime Lmse and the Subtenant under the subbase will be. deemed to he the freers Lessee of the Parcel Primc Lessee - I he tenant1exwe under a Prtmc I .ca.;s, a,id us suux,u,rS vid a<.lgns 11111 n ,l the tiuhlc:kes. hcensec. „r u,nGcssmnatres of such Prints I.c,secl, other than any sublessee under the Prime Lease who enters into a prime Lease with the Prime Lessee) FRED MEYER (7C'Rti FORM - 9'97 - Gpdatcj Farm E 1 Pnn,rd lac; Januan ;o- 1999 PDVA '275:1 : 499M.Otte Z "Prime l-essar" The landlorditcw4v under +i Prime I.cau, and its 41tc:c:essors and nsslgns "Sijn Area" The area on each Non -Anchor Parcel on %%hich the Owner tnay ht- entitled t omn tru+:t it %ign to accordance %uth this Declaration (or. If applicahie. the: area on the Anchor Parccl rctiereui f(ir a sign Ivnefttling a specified Non -Anchor Parcel) If no %kgn Area is designated on n ?v(n-Aac;h,it Parcel, then the area for suit sign thereon m I I he ,ubject to apptot aI of Declarant pursuant to IhI', I)eciarttltnn 'fflc nu1181IN apluaxed (If anv) Sign Areas are w; ina% h%� shown on Exhilvit 2 If no Sign Area is shown on such Exhibit 2, or if an Owner desires to change its. Sign Area, then such Sign Area or change therein will be subject to the approval of Declarant pursuant to this Declaration. "F]Gli All areas of the Development on. over. under or through which any Utility Line (as defined in Section S. l below, and including new Utility lines installed in accordance with such Section) is located w-hieh serve; the Owner's Parcel exclusively or in common with lire other Owner's Parcel. 2. Building and Common Area Development. ,., 2.1 Site Plan and Architectural Review. Mclarant will have the 'independent 4r right of prior review and approval of: f 1) the site plan and the architectural plans for improvernerils L+ µithin each Parcel (excluding interior Ir-lant improvements and fixturing and interior alterations), j including any changes to elevations within the Parcel and the elevations of the finished floors of any buildings. the siLe and location of the building Area within the Building Envelope, the number of parking C space; on the Parcel. and the design of the Common Area to he located on each Non -Anchor Parcel; (21 the existence (and if permitted by Declarant, the design and layout) of any drive -up or drive -through facilities on any Non -Anchor Parcel: (3) any additions or material modifications to the exterior of any iniprrnctnents on a Non -Anchor Parcel; (4) any changes to the Common Areas or to llte, silt or location ~` of the Building Area or Building Envelope on Any Non -Anchor Parcel: and (5) the location. design and sox of any exterior or building signs placed or installed on any Non -Anchor Parcel. All approvals by Declarant must be in writing. Review of architectural and signage matters will include architectural design. st}lc, exterinr color, quality of materials and construction, and compatibility (in Mclarant's judgment reasonabl) exercised) of the improvement or change compared to the other portions of the D)c'�cloprncnr. 2.2 ComTnon Area. All portions of a Parcel that are not used as Building Area shall, at the time that a building is developed on the applicable Parcel. be developed as improved Common Ar= ky the Owner thereof. at the Owner's sole cost and expense. in accordance with the site plan apprra+cd to the 11-Alarant- Development of such Common Area shall be substantially completed nu later than the day the firm occupant of a building on such Parcel opens for business. 2.3 Type and Design of Building. (a) General Standard. Each building in the Developmnt shall be of first e{ttallty c-onstrucuon anal architecturally designed so that its exterior elevations and appearance (including, utthout limitation. signs and color) will, in Declarant's reasonable judgment. be architecturally and aesthetically compatible and harmonious with all other buildings in the Development. I-ut t) t+tEi Flit rCSR FORM 9 07 11, pdatcd Form F I 11nnted tAmt hnuar. 20. 1 PDX I A 12-• 5.1 12 44QM,046 M Fire Safety. Every building shall be either equipped with automatic sprinkler systeatls which meet all the standards of the Insurance Services Office (or other similar local organization having jurisdiction) or shall be constructed in such manner as not to adversely affect the fire rating of any building built upon any other Parcel. The purpose of this subparagraph (b) is to allow buildings built on each Parcel to be fire rated as separate and distinct units without deficiency charge- (e) Strttetural Integrity. No building shall be built in such a manner as to adversely affect the structural integrity of any other building in the Development. (d) height. No portion of any building on a loon -Anchor Parcel shall exceed one story or 23 feet in height above grade, except as otherwise approved in writing by Declaranl .Such height will not in any event exceed the limitations imposed by applicable legal requirements. W fiuilding F.nrelgw. No building shall be comanrcted outside of the approved Building FJtrelope (unless Declarant has specifically approved in writing A modification of such Building Envelope and the building is within the modified Building Invelope). 2.4 Construction Requirements. (a) Performance of Worst. All wnrk performed in the construction. L7 maintenance. repair. replacement, alteration or expansion of any building sign or Common Area r improvements located in the Development shall be performed and completed in a good and workmanlike manner. as cxpeditiotr,+ly as possible and in such it manner as not to unreasonably interfere, nbstrtact or delm (i) access to or from the Development. or any part thereof. to or from any public right-of-way. tr— (ill customer vchi(.ular parking in that portion of the improved Common Area totaled in front of any 10) building :on.51njctad in the Development. or (iii) the receiving of merchaurdise by any business in the +% Dc%ebripmeral. including, without limitation. access to service facilities. Staging for the construction, We replacement, alteration or expansion of any building. sign or Common Area improvements located in the Development including, without limitation. the location of any temporary buildings, or construction sheds, dw storage of building ntateria)s, and the parking atcortstruchon vehicles arrd equipment. shall be limited to that portion of an Owner's own Parcel that does not block access to any other Panels or to that Portion of the Development approved in writing by Declarant. If a retail store is then open on the Anchor Parcel, all such staging on a Nnn-Anchor Parcel shall be at least 500 feet from the public entrance(s) to wch retail store unless Declamni agrees otherwise in its sole discretion. Unless otherwise agreed b} DMarant, no construction shall occur during the months of November or December. At Declarant" option. the staging area(s) and/or construction areao'i shall be fenced at the expense of the person contracting for the performance of such work (the "Contracting Party"). unless otherwise specifically stated herein. the C'onlracting Party shall, at its sole cost and erpensc, promptly repair and restore or cause to be promptly repaired and restored to its prior condition all buildings, signs and Common Area improvements damaged or destroyed in the performance of such work. W Handling of lain Claims. The Contracting Party shall not permit an%' liens to stand a&nst any Parcel for any work done or materials furnished in connection with the performance of the work described in subparagraph (a) above: provided. however. that the Contracting I'arty may contest the validity of any such lien, but upun a final determination of the validity thereof, the Contracting Para} shall cause le lien to be satisfied and releamd of record. The Contracting party shall, within .30 days after nxeipt of written notice from the Owner or Prime Lessee of any Parcel encumbered I RED AtCl'LR CC&.A FORM 4 97, - Updated Form F.•1 Premed Iasi Januar% N. I W9 MM A 1: 75' 1 ; 40WX[ j,00 d by any such lien or claim of lien, cause any such outstanding lien or claim of lien to be released of record or bonded over in accordance with applicable law. If the Contracting Party fails to do so within such 30-day period, then the Owner or Prime Lessee of the Parcel shall have the right. at the Contracting Party's expense, to cause such lien to be bonded over. (c) Incidental Temporary Encmachments. Owners recognize that incidental encroachments upon the Conutxsn Area may occur as a result of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the construction, maintenance, repair, replacement, alteration or expansion of buildings, signs and Common Area improvements located in the )development, all of which are permitted hereunder so long sq all activities requiring the use of such facilities are expeditiously pursued to completion and are performed in such a manner as to rratrinize any inlerfemme with use of the improved Commort Arra or with the normal operation of any business in the Development. 2.5 Casualty and Condlimution. In the event all or any portion of any building in the F)cvelupn=i is (i) damaged or destroyed by fire or other casualty, or (ii) taken or damaged as a result of the exercise of the power of eminent domain or any transfer in lieu thereof. the Owner of such building shall prorrptiy resiore or cause to be restored the remaining portion of such building or, in lieu thereof, shall remove or cause to be removed the damaged portion of such building together with all nihble and debris related thereto. All Building Arras on which buildings are not reconstructed following a casitahv or condemnation shall be graded or caused to be graded by the O%vner thereof to the level of the adjoining property and in such a manner as not to adversely affect the drainage of the Development or an) portion thereof, shall he covered by a one -inch asphalt dust cap and shall be kept weed free and clean at the Owner's sole cost and expense until buildings are reconstructed thereon. 2.6 S&gmW; Sign EasemcmI. Unless otherwise approved by Declaranl- (I)pylon signs shall not be allowed on Non -Anchor Parcels. and (2) monument signs on Non -Anchor Parcels shall not exceed the sine described in Exhibit 4, and shall only be located in approved Sign Areas. If the site plan attached a<s Exhibit 2 (as it may subsequently be modified in accordance with this Declaration) pro -.ides a Stan Area located on a Parcel for the benefit of another Parcel. then and to that extent. the Owner of the designated Parcel (the "Sign Owner-) shall have. and Declarant does hereby declare for the benefit of the designated Parcel, a nonexclusive easement over the; designrled Sign Area for 6c purpose.-. of construction, operation. maintenance and replacement of the Sign Owner's sign, it accordance with the terms of this Declaration, together with the right of ingress and egress to and from the applicable Sign Area Declarant resenes the right to relocate the Sign Easement Arew. at Declaranl's sole cost and expense (including. without limitation, the cost of reconstruction of any sign(s) in the relocated Sign L-amen) Area). proNid:{l that the relocated Sign Easement Area provides substantial); equi%alent exposure and benefit to the Owner that is benefitted by the relocated Sign Easement Arta, and provided further that such relocation does not materially adversely affect the accecs ur timbilit) of any improvements constructed on any Parrot. 2.7 Building Code Setback. Declaratt initially proposes to construct. has crmstructed or is in the process of constructing on the Anchor Parcel a "prototype Fred Meyer building" %%hick is classified as an "unlimited area" building under certain building codes, (By way of explanation. bin not limitation. an "unlimited area" building is designated Jl-N or V-N under the Uniform Building CocicJ Ali buildings constructed in the Development shall comply- with the following requirements lunlr.%s Fred Meyer specifically- agrees otherwise in advance and in writing); FRED i+It 4' 14 CC&k VORM 9 9, Updated Form E I Pnnrcd jM&P J.nLler. Zo. ISM PD\[A 1'17J.S : 49OW Z(Me (a) No building shall be constructed within 60 feet of (he Building Envelope or any existing building on the Anchor Parcel unless such building, hereinafter referred to as the "adjacent building." is located immediately adjacent to the common boundary line and is attached to the building. of any, on the adjacent Parcel; (b) It an "adjacent building" exists, then no building shall be located within 60 feet of the "adjacent building" unless such building i9 attached to the "adjacent building; ' the "adjacent building" and all other buildings on the Parcel that are attached to the "adiacent building" and to each other are hereinafter referred to as the "building group." (c) Any building that is not pan of the "building group" shall be located at least 60 feet from the "building group;" and (d) 'the "adjacent building" or the "building group," as the case may be, shall comply with the building code requirements applicable to an "unlimited area" building, including ,,,a without limitation the installation and maintenance of an approved sprinkler system for fire protec'ion. r !� �^ In addition to the requirements set forth above, no building shall initially be placed or constructed on any �? Parcel in a manner which will, based on then existing govemmenta) regulations, either preclude the ronstniction on the Anchor Parcel of an "unlimited area" building, or cause an existing `unlimited area" C building thereon to no longer be in confortrwnce with the applicable building code requirements, it being R7 understood and agreed, however, that subsequent changes in governmental regulations shall not obligate C a Owner to modify or alter its existing building. If required by any governmental authority, each [honer W, agrees to join in a recordable declaration which confirms the existence of a 00-foot clear area around the w • applicable Building Envelopes far actual building areas within the Building Envelopes). 2.8 Temporary License. Each Owner of a Parcel ("Licensor Owner") grants to the Owner of an adjacent Parcel in the Development ("Licensee Owner"). and the contractors, rrw,crialmen and laborers of the licensee Owner, a temporary license ("License") for access and passage over and across the Common Area of the Licensor Owner's Parcel as shall be reasonably necessary- for the Licensor Owner to construct and, -or maintain improvements upon the Liccrinc Owner's Parcel, pro+ided, however. that such License shall be in effect only during periods when actual construction and'nr insintenance is being performed and. provided further. that the use of such License shall no! unmasorralrly interfere with the use and operation of the Common Area on the Licensor Owner's Parcel b:6 others Prior to exercising the rights of the License herein granted, the licensee Owner shall first dclit,er to the licensor Owner a written statement describing the need to exercise rights under the license, and, in addition. shall deliver to the Licensor Owner a certificate of insurance evidencing that its contractor has obtained and has in force general public liability insurance with such coverage and limits as shall be reasonably acceptable to the Licensor Owner. and statutory workmen's compensation Coverage_ A Liccnser Owner availing itself of the License shall promptly pay all costs and exMsea associated with such work. shall diligently complete such work as quickly as possible, and shall promptly clears the aria and restore the affected portion of the Common Area to a condition which is equal to or hcttrr than the condition which existed prior to the commencement of such work_ 2.9 Boundary Line Construction FWJ) ;41F.UR ('r&R FORm - 9 97 Updated corm E Printed lax: January 20. 19W PDSIA 1215.1 : 491W 20" (a) In order to accommodate any building improvements that may inad%eriently be construLted beyond a Panel's boundary line, each Owner grants to each Ocaner owning and Adjacent Parcel an e&wment in, to, over, under and across that Portion of the grantor's Parcel adjacent to such common boundary line for the maintenance and replacement of such building improvements to a maximum lateral distance of six inches (6"). (b) In the event an Owner constructing improvements on its Parcel ( "Constructing Owner") cicter-mince that it is necemary to place underground piers, footings and/or foundations ("Subsurface Construction Elements") across the boundary line of its Parcel. the Constructing (honer shall advise the Owner owning the adjaceri Parcel (the "Adjacent Owner") of its construction reyuirerrtcnt and shalt provtde plans and specifications relating thereto, including proposed construction techniques for the Subsurface Construction Elements. 'Me Adjacent Owner hereby grants snd conveys to the Constructing ()wncr for Ih* txnr•fit of itv Parcel an rwgernent, not to exceed a inaxiinum lateral distance of 5 feet, in, to, under and across that portion of the Adjacent Owner's Parcel not theretofore occupied by any then existing structure. for the installation, maintenance and replacement of such Subsurfacc Construction Elements, provided, however. that the Constructing Owner shall have +.v no right to use such easement if the Adjacent Owner is able to provide the Constructing Owner a 4 rrumw sable alternati ve construction method for the placement of the Subsurface Constnlction Elements (� entirely on the Constructing Owner's Parcel. The Adjacent (honer reserves the right to require the L,7 Constructing Owner to modify the design specifications for the Subsurface Constriction Elements in order to paertnit the Adjacent Owa.-r the opportunity to utilize the same, in connection with the constructiop of tr" its building immediately adjacent to the common boundary line. If a common Subsurface Construction r. Element is used by the parties, each shall assume and pay its reasonable shsre of the cost and expense T, of tllc design and construction thereof. In the event any building utililang a catnmorr Subsurface Construction lslcnrent is destroyed and not replaced or is rc.wved, the common Subsurface Construction Flcrnem shall remain in place for the benefit of the other huilding utilizing the same. (c) 'llrc foregoing easement grants shall not diminish or waive any right of an Owner to recover damages resulting from the constructing Owner's failure to Construct its building within its Parcel line in the case of (a) above. or within the easement area limits in the case of (b) above. 'rile casements in tech instance shall: (1) continue in effect for the term of this Declaration and Lhifr allcr for so long as the building utilizing the easement area exists (including a reasonable period to permit recnndruclion or replacement of such building if the same shall be destroyed, damaged or demolished): and (2) include the reiusonable tight of access necessary to exercise and tntoy such grant upon the terms and with the limitations described in Section 2-8 above. (d) Nothing herein shall be deemed to create or establish a "romttton" or "Harry" call to be shared by buildings constructed along the common boundary lines between the Parcels. Access Easements; Parking. 3.1 Access Fasemerits in Cormran Area. Subject to the terms and conditions in Lhis Declaration. the Owner; shall have a non-exclusive easement over, and the Permitted Persons shall I RED htFAER CCSR FORM 9'9% Updated Fonn E I Pnnied tact lanuar5 .0. 19" PDNL L A 1 Z75.1 : 49W U46 have the right to use, the paved portions or paved acceseways and the ittepmved pedestrian walkways within the Common Area for these purposes. (i) ingress and egress of Peratitted Persons and their vebicles to and from any portion of the Development and public streets 4acent to the Development. (ii) movemcatt of pedestrian and vehicular traffic of Pwmitted Persons from soy part of the Development to any other put of the Dmelopmeot; and (W) loading and tudoading. The C.omov Aram may be used for direcdomd signs, sidewalb, walkways, landscaping, parimeler walla and fences, parking tat lighting, utilities and service &&Mies, all consistent with such easements. 11e Common Agars may also be used for parking, subject to the provisions of Section 3.2 of this Decimation. 3.2 Abrldsg. 1sch Owner shall stain an such Owner's Parent sufficient puking spaces to moot the needs of the employees, customers sail invitees of Owner sad its tenants, and to satisfy requirements of the City of Reslifan codes (without regard to or inclusion of the nee -exclusive Commoo Arena parking rights udder this Dockration). Except with the prior wriU= consent of Declarant: (i) no Owner of a Non -Anchor Parcel shall reduce the number of puking king spaces an such Owner's Parcel from the number approved by Declarant in review of the Owner's site plan; (ii) each Owner of a Non -Anchor Parcel shall in any event maintain on much Parcel at lead five (S) parking spa= for each 1,000 square fees of Building Area on its IPsrccl (mvgM, for any restaurant, tavern, or similu use, an Owner shall maintain at last 12.0 puking spaces for rich 1,000 square feat of BuildinS Area devoted to such use, ."� except as otherwise appoved in wrigag by Declarant); and (tu) no Owner shall apply for a variance from d w nxpdr+emwk of any applicable codes so as to redrioe the number of spaces required on much Owner's LlLl Parcel. �iloyen of in Owner and of its tenants a to the Owner's Parcel shall not have, as a nmult of this DoeJaradiao, she cant: w&mi right to park in portions of the Development other than the Owiewr's Parcel (except as may be mutually agreed and as set forth in a written agrocment between the foe owner of the Parcel and the user). The Owners shall cooperate with each other in taking any reawm*k steps Frequired to avoid any Ohm of this provision or other violation of this Declaration. N3.3 Rates. The Declarant try adopt, make, modify and color= reasonable rules and regulstiotn consiout with dials Declaration for the purpose of tagulafmg the use of the Common Area (including without kmitabeon use of parking tress by employees and others), regulating vehicular traffic direction along roadways, sad promoting the safety, order, and cleanliness of the Development. Each Owner and Prime lessee will cause its tenaats and their respective customers, employees, independent contractors and invitees to corVly with such reasonable rules sad regulations. 3.4 No Harriers. No fences, walls or barriers to access will be eructed on the common bou mbuy lion between the Famets that would uarewouablr interfere with the use for accom, ingress and egress of the Common Ares, without the prior written consent of the Owners of the Parcels with such common boundary line MW the written consent of the Declarant. 4. Failure to Opask Non-Aachw Parcel. 4.1 Cerdromfim of linprwemed Cos#. Upon completion of the building and improvemeab on a Non -Anchor Parcel, and oo any subagsod allegation, rocoestrwilon, expumdon. modification or remodeling thereof, the Owner of a Non -Anchor Parcel stall provide De+diumtt with a statement certified by Owner said its tenants (as applicable), as to the scoAd hard caw of construetion (the "ltnprovemad Cast") incurred m inch constnwlion (determined in aceordaaw with generally accepted scoouatiag principles, a shown on the rocatds of Owner or its to sm) with respect to the MW rMEYM CCAR t t • W - Upda.a Fom tri Pn*W Its: lam my Zo. 194E PDXIA•127321.2 4990 Mi6 � 00 building &nd improvements on the Parcel (excluding furnishings, trade fixtures, equipment and other Personal property) (the 'Improvements-). 4U "G 1virkm Pr . (a) A�ppl ft ion If a Major Anchor Stove is now or hereafter constructed on the Anchor Parcel, then the prov:sioas of this Section 4.2 will apply to the Non -Anchor Parcels for the Period commencing on the date hereof and ending on the date 20 yearn from the date of this Declaration. (b) Nalict of iElecfjoo to Dbooddi ne Btveittew. If, after completion of cmetnrction of the Improvements an a Non -Anchor Parcel, 40 perx mt or more of the gross building area of the Improvements on a Nat -Anchor Parcel are at any time not operated for business by the Owner (or its ter mts) (such failure to operate business is 40 percent or more of such grog building anew is referred to as a-Folha'e to Operate"), and if such Failure to Operate continues for a continuous period of at lout 12 months (at which tune, the Failure to Operate I Fraonz a "Truer Everest"), for any reason ruhcr dime G) strikes, lockouts or other labor difficulties, acts of Clod, the requirements of any local, state or federal law, rule or regulation, fire or other casttslty, condemnation, war, riot, insurrection or any other reason beyond a parry's reasonable caved ("force tgjeum" events), or (B) temporary clog= due to the restoration, roconshucrion, expwaion, alteration, modification or remodeling of any intprovement$ located an the Parcel ( , that Owner is pursuing such work with reasonable diligence, suls ect to "force myeuve" delays) (a Failure to Operate for one of the reasons slated in subparagraphs (i) or (ii) above is an "Exetned Uwe"). then the Owner shall give written notice to Declarant (the oNotiae of Election") that Owner intends or anticipates that the Trigger Event will occur. The [Notice of Election will include rho, anticipated date an which Owner intends to ducoatinue operation of business (if Previously commenced). (t) OpOm to Puarchme; Notice of Exerdse. If an Owner delivers a Notice of Election under this Section, Declarant has the option to purchase the applicable Non -Anchor Parcel, exercisable by written notice to Owner, such notice to be delivered to Owner within ISO days after Daclarant's receipt of the Notice of Election (the "Nodes of Exec dw"). The exercise of the option pursuant to such Notice of Exercies will not be effective until the later of (i) the date the Trigg Everest occtm, or CH) the 30th day after delivery of the Notice of Exercise to Owner. The Notice of Exercise shall specify the date on which Declarant proposes to close the purchase of the Non -Anchor Parcel. W DiaCC dintrance of Busitven Wltlaout 140O 4 Optiatt. If a Pailttoe to Operate occurs on a Non -Anchor Parcel and continua for the 12-month time period specified in Section 4.2(b) for reasons other than on Excused C2osum, but the Owner fails to deliver a Notice of Election as required by Section 4.2(b), than Declarant shill have an option to purchase the Non -Anchor Parcel, exercisable by delivering a Nadee of Exorcise b the Owner of the applicable Non -Anchor Parcel, at any time after the Trigger Event occurs. (e) Terms of Oplim If Declarant exercises an option gmnbd under this Section 4.2, then, on the date specified is the Notice of Exercise, the Owner of the spplicatble Noo-Ambor Pays] will fall sad cmvey the ParceJ to Declarant pumma2t to the trams and provisions m sci forth in the attached ExW*J (which is by this reference incorporated berein). 'Ilse purchase; price for the ftrccl will be the sum of. (i) the purchase price for the land in the original We by Declarant to FRW MEYM CC&R PORM - 9l47 - U~ Porte & I Priaw tut: ruwuY Zit, M9 PnxIA-127121.2 4"M3066 g the Owner or its prWwassor in WWW; pltu (ii) the gig of the Fair market value of all Improvements on the bared, or the ummortized portion (determined as described below) of the Improvement Cost of such InWmvemmts on the Parcel, constructed by the Owner or its predeacesaors in tide or tenants. The Improvement Cost will be as previously certified as described in Section 4.1 above; or, if the Owner of the apphit:able pained has failed to provide mach certification, as reasonably estimated by Declarant. The unamortized portion of such Improvement Coat will be based on a straight-line amortization over a 2404wath period. The `fair mw*d valor" of the Improvements, will he ddennined in the following manner. The Notice of Eunin shall include DDeclaraot's determination of the fair market value of the Improvements. If the Owner objects to such value, the Owner will notify Declarant in writing no latex than 2D days alter delivery of the Notice of Examise; failure to objere Isnmly shall be deemed soceptance of Declarant's determination. If the Owner timely objects and the patties cannot agree on the value within 40 days slier the Notice of Exmiae, the matter shall be resolved in swonknee with paragraph (f) below. M Dlepesta. If the Owner objects to Dodarant's determination of the fair market value of h aprovemma an a Nan -Anchor Parcel in connection with the exercise of the option stated above, and if Declarant and the Owner are unable to agree on the fair marks value of the lmprovesmeats within the time limits specified in paragraph (e) above, the matter shall be submitted for deArmination by independent real estate appraisers in accordance with this paragraph (f). 'Ile parties JOE% sball each select a certified MAI emnammial real estate appraiser who is familiar with the relevant nvAet. Such selection shall be made in writing by notice to the other party not less flag 30 days after the Notice of Exercise. Esch appraiser will make its own ddermination of the fail' msdw value within 20 days after bang selected and will notify both parties is writing as to its deterininstion. Unless Declarant and the Owner agree to a compromise rased on such ddmdutiolss within 10 days after they Q are made, the two appraises shall mutually select ■ third such appraiser. Selection of such third appraiser shill be made wid do log days aftr am 14otdce of Mercier. The tided appoxim shall darn, within 10 days of selection, determine which of the two fair maket values proposed by flee original } appraisers is closer to the actual fair market value, and the dd=mination of such third appraiser shall be final and biodigg Ww die patties. Each party &a bear the fee of the appraiser sr'Jxted by it. If a third appraiser is required, the fees of the third appraiser shall be shared equally. If a party fails to timely select a appraiser, such party shall have waived its right to participate in the dispute resolution process, and the deter m matice of the appraimw selected by the otter party, made in good faith, shall be binding on both parties. The data set forth in Exhibit 3 regarding closing the option sale will be extended by the number of drys drat are required to resolve the dispute pursuaae to this paragraph. S. Rearktiao on Use 5.1 Resh iedons on CerWn Pareeb. Without the prior written consent of Declartent (in Declarant's sole discretion), no Parcel odier than the Anchor Fkreel wi[1 be feaaed, subleased, opm*od or otherwise used for. (i) any jearolry stores; (ii) any supsenw kot (which for purposes of this Declaration means any saver, dgmnmmt or area within a store, coWaining at least S OM square feet of Vm floor area, including :tale space and done, primarily devoted to the retail sale of food for off -premises consumption); (iii) any bakery or delicatessen; (v) the axle of hwb or frozen meat, fish, poultry or produce for off -premises comttmptioo; (v) soy oanvaniaoc+e stars (extaa diat a convenience atone being operated in c=juactioo with a gasoline product swvke station approved in writing by Declarant and which contains not more than 1,@W square feet of gear floor area for product display, or such gmate: area as Declarsmt tray approve from time to tim, will W be a €ICED MEYER CC4LR FORM • 91" - Updated Form & I Printed tut: )eewry 20, IM PDXIA-I27S21.2 4490DM4 to AL prohibited use); or (vi) the sak of any plrarnacentical products requiring the services of a registered pharrnacist- 5.2 [;eowd Redridions net tb& Without the prior written consent of Declarant (in Declarant's sole discretion), the Praroels " not in any event be leased, subleased, operated or otherwise used for: (i) the display, distribution or sale of nay "adult" books, "adult" films, "adult" periodical+ or "adult" amertainment; (ii) the estabhehment or maintenance of a message parlor, gambling Operation, "adult" theater, "adult" bookstore. "sex" shop, `peep dhow" or bawdy house or brothel, or any use m violation of applicable zoning and other govemmeatd laws and mgulatioos; (iii) any use which emits an obnoxious odor, noise or sound which can be heard or smelled outside of any building in the Development, or which is a public or private nuisance, or which, in Declarant's judgment, is likely to generate public protests or controversy interfering with the operation of the Development as a retail center; (iv) any distiiling, refining, smelling, agricultural, animal raising or boarding (other than consumer pet shops), or mining operation; (v) any short or long-term residential use; (vi) any primary use as a wamhawiiC assembling. rosm4wturing, waste processing or other industrial operation; (vii) soy motor vehicle, nude, trailer, recreational vehicle or boat Wes, leasing or display; or (viii) any place for public assembly (such as a church, mortuary or meeting hall). 5.3 APpr'a'ah of Proposed thm Declarant shell have the right to prior approval of any proposed use or change in use of any Patel or pottiao theneof. Such approval must be in writing. Declarant may impose editions on its approval to any proposed use or change in use (including, but not limited to, restrictions rotated so protection of the envitounat). Deciaraat shall exercise its approval right reasonably. It shall be deemed reasonable for Declarant to disapprove any use prohibited under Sections S. I or 5.2, or arty = other than mail sales or retail services consistent with the Developaumt's status as a first-class retail shopping development. "ReW mvices" moms restaurants, financial institutions, real estate artd stock brolrerage dRices, travel or insurance agencies, medical and dental offices, and similar uses providing services directly to the public, but "retail services" specifically excludes nonprofit organization offices, gcwaament officer, office uses that do not involve direct service to coetsrnlew, office uses in excess of 5,000 square feet, and other ease not customarily associated with or caauLmd in first-class retail developments. Without limiting the generality of the foregoing, and by way of example, it shall be reasonable for Declarant to disapprove; (i) flea markets, fine, bankruptcy or liquidation sales, or ales of `ascend -hand" or "surplw" merchandise; (ii) laundry or dry cleaning plants or lauodnomats; ('rii) training or eduadional facilities (other than on -rite employee training by sa occupant incidental to the conduct of its business); (iv) movie theatets, bowling alkyl, skating rinks, glare parlors, pool or billiard hall:, dance halls, video arcades or other entertainment facilities; and (v) automotive or a6w vehicle service, car waste, gaasolioe sales, or tine or betray Was or service facilities. 5.4 Alcohol Sales. Except as otherwise specifically approved in writing by Declarant, in its sole discretion, no Parcel ahsll be used for soy bar, tavern, redaurant or other business operation whose annual gross revenues from the sale of alcoholic beverages for on -site and off -site consumption (collectively) exceed 25 pewed of tha grow revenues of such btdsess in any calendar you. Any Owner of a Parcel on which ■ business is operated in which the grow revenues from the ale of alcoholic beverages in any coleedar year exceeds 2D pwceat of the grow revenues of such business will provide to Declarant an ato W written oedificadw at to the percentage of the puss revenues from such boa Tess that derive from the sale of alcoholic beverages during the prior calendar year, will respond to FRED MEYER CCJLR FORM - 9M - iipdasW Fan &1 PrinW lint: hears 20, 19" PDXIA•127521.2 4"Q* ot6 11 reasonable requests for further Wkwo uion by Declarant to verify compliance with the restriction on use in tbis paragraph, and shall take such steps as are necessary to ensure web compliance. S.S Mall Restrieflo 1. Without the prior written coment of Declarant (in Ueclarsm,s sole discretion), oo Parcel other thm the Anchor Parcel shell be developed as an open or enclosed shopping mall or otherwise subdivided, leased or subleased by or to mare than one retail busineas at any one time. 5.6 EnvhvmmnUl Pro►islons for Guoilm Service Statism. The provisions of d is Section 5.6 govern the rights and obligation, of a Noe -Anchor Parcel Owner with respect to the installation, maintenance and operation of any UST System defined below: (a) Deflnhliorra- Unless the context otherwise specifics or requires, the terms det;ned in this Section 5.6 shall have the meanings set forth below: " "• The Compmbewive Enviromnental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the (j Federal Water Pollution Control Act, the Emergency Planning and Community Rigbt-to-Know Act, and any and all other Waal, swe and local laws. abduces, rues, and tierdations applicable to the protection C11 of human health or the euvuonmenl, whether in existence on the date: of this Declaration or hereinafter enacted. hs defined in Section 10 below. C Z": All E nvitnmenta) [Aws applicable to the: installation, licensing, ownership, or operation of UST systems in, on or under the Pad, as in extstettce on the date of this Supplement or hemAer enacted. The UST rAws include, but are not limited to, s 6ft 1 of the Rcsorurcc Cm wrvation Recovery Act (42 USC 16901 et seq.) dad any regulations promulgated thereunder. "UST 5reM": Any oil sump or underground sump tank system for storage of gasoline, petroleum or its firsctions, for retail age, including all ancillary facilities and equipment such as pipes, pumps and vents. (b) Regulation of UST System Opm*ions on the Non -Anchor Parceis. (1) Co MOMM with Carves. Subject to Deeltrant's right to prior approval pur*uant to Section 3.3 of this Declaration, a Nan -Anchor Parcel Owner may imtall, maintain and operate a UST System on the Non- Aw4m Parcel. and may eupge in the retail ,ale of gasoline, provided that the installation, maintenance and operation of the UST 9yatem is in fidl coampliance wi* all UST Uwe (including, but not limited to, the performance standards for new UST Systear as set forth is 40 CPR j 280.20). Non -Anchor Parcel Owner AM also mslsll Stage 11 vapor recovery sysisms m all pw haw dispensers healed on the Nan - Anchor Parcel. Installation of the UST System WWI be pm*cmed by a person or entity that is fully licensed and bonded under applicable UST says. (2) . Nan-Attcbor PIUM Owner aft" t>;aaMbU n all records required by UST Laws with respect to any UST &IMms on the Non-Atnebor Parcel. Non- FRED MEYEK CC" FORM - 9M - UpdwW Form ail Mmod k+_ #umry 20. 1999 MIA•12101.1 ~20* l2 Anchor Pascal Owner shall promptly provide Declarant with copies of any and all repot , certifications or 4wuments requited to be submitted to say governmeasl agency in connection with the, ira Wlatioo, operation or maintenance of any UST System on the Non -Anchor Parcel. (3) prod or '. Prior to the irratallation or operation of any UST System on the Non -Anchor Parcel, and at all times that any UST Systems exist on the Non -Anchor Parcel, Non -Anchor Pascal Owner shall mainttua and provide Declarant proof of Non -Anchor Parcel Owner's -financial respoWbiliry" as provided in this Section 5.6. it is the purpose of this Section 5.6 to provide Declarant with muonable assurances, that Non -Anchor Passel Owner will have the financial ability to nemediate gay coohuninatim caused by the Non -Anchor Pasrsl Owner'# UST System and/or Non -Anchor Parcel Owner's gasoline Wes operations on the Nan -Anchor Paneeel. Non - Anchor Parcel Owner may satisfy this obligation by compliance with the fiva=W respomibility provisions of 40 CNR If 290, 70 - 230,74 {tbe-14nrmcial Ralptmssi MIty hqdsl om-). Nan -Anchor Parr,ol Owner shall, however, be obligated to maintain and demonstrate financial raaponsibRity notwith- standing my waiver, repeal, modification, or invalidity of tine Financial Responsibility Regulation, and regardless of whether the Finascial Responsibility Regulations apply to the Non -Anchor Pared Owner's gmmtiom at the Non-Aachor Parcel. If the Financial Responsibility Regulations are: waived, repealed, Lie modified, or iavalidated, or if they do not apply to the Non -Anchor Pared Owner's operations an the Non -Anchor Parcel, Non -Anchor Pared Owner shall provide fu mciai assurances for the benefit of Declarant that afford the sun Level of assurance of Nora -Anchor Parcel Owner's financial responsibility Q as is contemplated by the P'mancial Responsibility Regulations, as determined by Declarant in Derclarant's mum" judgment. Non -Anchor Pascal Owner shall provide evidexsce of couiossuaoo with the foregoing requiremen on a periodic basis as requested by Declarant. If Non -Anchor Parcel Owner fails to procure m maintain the required aswtrsaces of financial reopon.ibility at all times that a UST System exists on the Non -Anchor Parcel, Declararst may, after notice to Non -Anchor Parcel Owner, purchase liability insurance (providing coverage for die release of hazardous sdtstrnoes) with respect to Non -Anchor Pace[ Owner's UST Systems and operations (in an amount selected by Decttrarit in Deckrant's judgment) on Non -Anchor Parcel Owner's behalf. Declarant shall be entitled to reimbunemeat from Noes -Anchor Parcel Owner for any premiums or expinums paid by Declarant in connection with such imurance. Declarant shall be under no obligation to purchase such immnce, however. (4) . Decuraal may, at any time with nessonaMe notice to Non- AncbN Parcel Owner, inspect the Non Anchor Parcel Owner's installation, maintenances and opersim of any UST System on the Non-Ancbor Parcel. Nast -Anchor Parcel Owner shall provide Dechnnt reasonable access to the Non -Anchor Parcel and to all records relating to the management of any UST Symern(s) on the Non -Anchor Parcel. Declarant shall not be ohliguail to conduct rich inspections, sad no such inspection by Declarant shall be el mad die basis of any claim of waiver of compliance with any provision of this Supplement or shall create any obligation or duty to Non -Anchor Panel Owner or any third party, (S) Notice of li sk=. Non -Anchor Parcel Owner shall immediately notify Declarant up= becoming aware of any of the following: (a) any split, leak, disposal or oilier release of any Hazardous Subobvice on, under or adjacent to the Nat-Anebor Pared or any suspicion or threat of same; (b) any notice or comae f am a government agency or any other person routing to any release or suspected release of ftmdous Substances on, under or adjacent to the Non -Anchor Parcel; Of (c) any violations of say applicable 1'mvirunttal law with respect to the Non -Anchor Pardee or Non -Anchor parcel Owner's activities on or in connection with the Neon -Anchor Pared. FRF.D M$YSR CC&R PORM - 9197 - Upd" Form Tat Printed last: Jamery 24, IM PDXlA.tI7s3l.2 49900.2at6 13 (6)Rtsm M A . In the event of a :spill, leak, disposal ar other release or threat of such release of any Haurdeus Substance on, under, to or from the Non - Anchor Parrsl, or the reasonablr,. suspicion or threat of saute, Non -Anchor Parcel Owner shall (al imrriediately undertake all investigatory, remedial. removal, and other response action necessary- or appraprirtte to ensure that any contamination by the Hazardous Substances is eliminated, and (b) provide 'Declarant with copies of all correspondence with any governmental agency regarding the release, rwspicion or threat of release, and in the case of a resprAnsc action, a detailed report documcttting all such response action, and a cerlificatior that any contamination has been eliminated (and if requested by Declarant, a "no further action" or sirri)ar letter or certification from an applicable governmental authori(y). All such work Shall he nerformed, and all reports and certifications shall he made by. qualified and reputable environmental consultants or engineers reasonably acceptable to Declarant. (71 R9pm Action to Noncompliance, In the evertt of anv violation AWNof any applicable Environmental law' with respect to the [Von -Anchor Parcel or bran -Anchor Parcel Owner's activities on or in connection with the (Von -Anchor Parcel, Non -Anchor Parcel Owner shall 17 undertake immediately all actions necessary to return to Compliance and shall provide, Declarant with a �! detailed report documenting the actions taken by Non -Anchor Parcel Owner to relum to compliance. r (8) CIS tire. If;+ton-Anchor Parcel Owner ceases operation of any UST er System installed on the Non :Anchor Parcel, Nnn-Anchor Parcel Owner shall at its sole cost and expense -la) cause the EJ5 T System to he decommissioned and the tanks removed in accordance with all applicable UST Laws; (b) provide to Declarant a report documenting the decommissioning, together with a v: certification from dr, cnnsahant of corttractor pet -forming the work that the system has been Properly and Icgali} decommissioned, and that any and all contamination has been eliminated: and (c) if requested by Declarant. obtain a "no further action" or s;rnilar closure letter or certification from the applicable gincrnmcntal authority. which letter shall not be conditioned on use restrictions or other instilutional controls. All decommissioning work shall be Performed by qualified and reputable environmental consultants or engineers reasonably acceptable to Declarant. (9) A t to iv i e R ri Tito folfawirrg additional restrcrion5 ai5plti to any automotive service performed by Non -Anchor Parcel OW-ner on the Non -Anchor Parcef: (1) no automobiles shall be parked outside huilding(s) constructed on the Non -Anchor Parcel inernight; (w) no autnrnolive service shall be performed outside any building; f3) no supplies or parts shall be stored outside any building-, and (4) no automobile sales shall be permitted, tc) Indemnity. Non -Anchor Parcel gw•ner shall indemnify, defend and hold hairiness Declarant, ard its officers, directors, employers, tenants, invi(ees, successors and assigns fcnitcrrr4el} the "Indernrtitees') from and against any and All Claims, IIRbilitieS, demands. fines. losses. costs and expenses (including attorneys' fees at trial, an appeal and in connection with any petition for ret-ie!U1 (collrolively, "Claims") arising out of. in connection with or in any way relating to is) the breach of am cox•enarrt of Rion -Anchor Parcel Owner contained in this Section 1.6. or (b) the use. trratment, storage, generation, rnattuf&cturc, transport, release, spill, disposal or any other presence or alleged presence of Hazardous Substances on or under the Nan -anchor Parcef. "Claims'" shall include without limitation (a) the cost of any Hazardous Substances in-estigation. removal, remedial or other response action required by any Environmental few•, required by judicial order or by order or agreement u nth ans governmental authority. (h) clairns for injury or death of any person. including an lndemnitee, WD MEYER CCKR MRM - 9 47 Urdued Fnrtn F. I t'rrntctr No btluAn �Q. t9'?5) PIMA 1:75;1 td and (c) claims for damage to the property of an Indernnitee or any other person, including claims for diminution in value or loss of use. 5.7 Additimistl Resuictiorks. THIS SECTION HAS BEEN INTENTIONALLY DELETED.) G. Acceptance of Reshrieiiom. Any lease or occupancy agreement imbsequently entered intn with respect to a Parcel wilt require that the lenant's use (and any c1anges to the original use by the tenant) mist comply with applicable laws and recorded casements and restrictions affecting the property (including this Declaration). In acquiring a Parcel, an Owner (and its Prime Lessee, if any) shall automatically be deemed to acknowledge that the restrictions set forth in this Declaration are an essential part of the particular transaction covering Owner's Parcel and, further, that the restrictions set forth in Ihi-; Declaration are fair auiu re unable to assure all Owners and Prime Lessens of Parcels of chcir expecled benefits and the orderly and beneficial development of the Development and the Parcels, but `- not to control competition (recognising that the relevant competitive markel consists not of the Dcvc)opment but of the broader commercial retail market in the greater metropolitan area in bring ` Caunty. Washington). ra.+ 7. Maintenance of Parcels. w 7.1 Generally; Commn Area Maintemnce. Fach Owner shall maintain or cause to be rnainlained at all times the Owner'A Parcel (including, without limitation, the general cleanliness, �+• operation. replacement. enhancement and preservation of such Parcel) in accordance with a standard of operation as first -clam facilities maintained in accordance with recognized industry standards for leading retail developments in the geographic area in which the Deve4menl is situated. The obligation of each Chcner to maintain its respective Parcel Khali include the Common Areas )seated on the Owner's Par: el. including, but not limited to: (a) maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability. and rr:striping, when n cmAry. such pared surfaces; (b) removing all snow, papers, debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary In keep the area in a clean and urderl} condition, (c) maintaining. repairing and replacing, when necessary. all traffic directional signs. markers and lines: (d) operating. maintaining, repairing and replacing, when necessary. such artificial lighting facilitics as shall bs reasonahly required: and (e) maintaining all landscaped areas (including• without limitation, those on the penrneter of the Parcel), and maintaining, repairing and replacing. when necessary. automatic sprinkler systems and water lines, and replacing shrubs and other landscaping as necussar 7.2 NI intenance Prior to Development. This Section 7 will not be construed as requiring Owner to develop the Farrel. €prior to such development. Owner will maintain the Parcel Free of rubbish and debris and in a sightly condition. If a[Von-Anchor Parcel remains undeveloped for more than I;. months after substantial completion of a Major Anchor Store on the Anchor Parcel, such undeveloped Parcel will be covered: (i) by grass sod (with adequate irrigation) or (ii) by a one -inch asphalt dust cap. The cost of all such sodding avid }raving shall be borne at the sole expense of the Owner upon whose Parcel it is located. All such sodding and paving shall be kept weed free and clears at the (loner's sole expense until such time as buildings are constructed thereon. An undeveloped Parcel will URLD MEYER C,"dR FOR161 - 4 47 - UpJoW Rim E l Ponied ta4i ianumn 20. 19" Po\,A 1.75.1 . 4"W 2046 15 not be surrounded by a fence, and Owner will obtain Declamnt's reasonable approval of the size and qunlOy of sign.(s) on a Parcel advertising the avaiiability of the Parcel for sale, lease or development. 7.3 Mointenance of Exterior. Each Owner shall maintain (or cause, to be maintained) the exterior of any building located on such Owner's Parcel in a quality and condition comparable to that of first class retail developments of comparable sine and nature located in the same geographic area as the Development. All service facilities shall be attractively screened from view from the parking areas. 7.4 Parking Lot Lighting. Fach Owner shall operate or cause to be operated the parking lot lights in the Common Area on its parcel at full intensity at least until I l:Ob p.m. each e%ening (or such other hour as Declarant may designate). FAch Owner shall maintain the parking lot lights at 2.5 percent intensity for such other reasonable security level as may be designated by Declarant) during all other hours of darkness. C 8. Utility Easements. CIO LI 8.1 Grant of Utility F.asernettts. Subject to the terms and conditions in -his CJ Declaration. each Owner shall have a nonexclusive easement and right to operate, maintain. replace. repair. remove, improve, enlarge. reconstruct and. subject to the conditions of this Declaration, relocate any and all utility firm serving such Owner's Parcel currently existing over. under or across the Utifity E: Sentcnt Area on each outer f?wner's Parcel. Subject to the restrictions in this Declaration, each Owner shall Itiave the nonexclusive right to install, operate, maintain. improve, repair. replace. relocate, remove +► and reconstruct Utility Lines over. under or across the Utility Easement Arcs, provided that any such actions do not unreasonably interfere with or impair (i) the rights of Permitted Persons to use the Common Area for the purposes set forth herein, or (ii) the operation by Permitted Persons of hucinesus at the Development. The "Utility lanes" mean any power line. water line, sewer line. gas line. communication line or ether utility line, service or facility serving the Owner's Parcel exclusively or in common wNh the other Owner's Parcel affected thereby. 8.2 Tweetsof Utility FAastiments. Subject to the provisions of this Section 8.2, the Owners shall have the right to install new Utility Lines through the Common Area, All Utility Lines shall be underground unless required to be, above ground by applicable law or the utility providing such sen-ice. The location of new or relocated Utility Uncs and the foregoing work shall he subject to the prior u riticn consent of the Owner over, under• or across whose property the Utility Lines are proposed to be located Such consent shall not be unreasonably withheld or delayed. The Owner whose consent is sought rtray condition its consent on the Utility Lines not being located where the Owner intends to construct a build;ng or other facility- whose utility. use, construction or installation may b- unreaonably interfered u ith by the presence of such [.Utility Lines unless the Owner proposing to locate such Utility lines to relocate the same to another location on the Utility l MMent Area at its expense to the e4cnt sttch huilding or facility is actually constructed or such use is proposed to be commenced. Subject to the preceding sentence, if such Owner subsequently constructs a building over a Utility Line previously installed with that Owner's consent. such 0%ner shall relocate the fine at its expense and in such a manner as to keep to an absolute minitnum the disruption in utility services. When a Utility Line is installed on another Owner's Parcel the Owner who instalis the line shall give the other Owner a legal description of the location of the Utility line and a legal description of the easement area for such Utility line- M its own cost and expense, each Owner (a) shall mainu6n and repair the Utility Lines installed I'RI:.0 .NIrYF,R CC&-R F0RM 997 V-pMed Form E•1 Primed tags Jli1U4n Z-0. 1999 VD IA 1:"521 2 1494 1046 16 by such Owner (or the Owner's prrdeceasors in title); and .(b) shall repair any damage to Iandscaping. pavement, buildings and all other improvements on the Development resulting from any work in connection with such Utility Lines or from the operation of such Utility lines. 8.3 Storm Drainge. Each OvAxr shall have the perpetual right and easement to discharge surface storm drainage and/or runoff from the Owner's Parcel over. upon and across the Common Areas of the other Parcels in the Development. upon the following terms and conditions: (a) The Common Area grades and the surface water drainageiretention syslem for the Development and each Parcel shall be initially constructed in strict conformance with the Plans and details approved by D&larant; and (h) No Owner shall alter or permit to be altered the surface of the Common Area or the drainage/retention system constructed on its Parcel if such alteration would materially increase the flow of surface water onto an adjacent Parcel either in the aggregate or by directing the flow of surface water to a limited anca. Alteration of Common Arms, Building Areas and Building Envelopes. 9.1 In General. (a) Modificwdon by Declarant. Declarant shall have the right at any time - and from time to lime to alter, rearrange. reduce, or relocate. at Declarant's cost, the Common Areas And the Common Area improvements in the Development, or to modify the Building Envelopes. Sign Arras or Building Areas on any Parcel; p_rovi&A. however, that no such action shall, without the con.wt of all matcrially affected Owner's), materially diminish the easements and rights granted, or materially adversely affect the purpose-s stated, under Sections 3 or 8 of this Declaration, Declarant shall not modify any buildings or related intprovemertls constructed by an Owner in any material respect, modify the Building Eavelope or the previously approved Building Area or Sign area on an Owner's Parcel in any material respect, or reduce the parking spaces provided on an Owner's Parcel (unless equivalent replace:rneni parking is provided), without the consent of the affected Dwncr. M Modification by Owner. With revect to the portion of the Common Area lying ►%;thin an 0%ner's parcel, that Owner shall have the right to alter, rearrange, reduce or reiocate. at such Owner's cost, that portion of the Common Area and Common Area improvements, so long as Ii) doing so does not materially diminish the nghts granted or materially adversely affect the purpov.— stated under Sections 3 and 8. and Wi the Owner obtains Declarant's prior written approval of ,,uch change. 9.2 Required byGoverwrtental Authority. If any governmental authority ruquims am change in the Common Area. the C�wners of the portions of the Common Area affected shall nral,e every m&uxtable of brt to minindze the negativ-c inWr of such changes on the rights and purposes .et forth in Sections 3 and S. In particula€, if any governmental authority. by condemnation or otherwise, rliminales or reduces any access between public streets and the I]evelopnwt. the Owner of the affected property shall make every reasonable effort to obtain alternative access on such Owner's property. I-RI'D KIFYFR (C&R FORM - 9 97 Updated Form E 1 Pnnted last Jarman a0. 1999 PIA IA 1:75,1 : 44%X;N6 17 1 9.3 Relocated Conwrion Area. All of the rights and obligations set forth herein shall he fully applicable to any altered. rearranged or relocated Common Area, which shall theft be decrucd to be the Common Area. t0. Hazardous Materials. Each Owner shad maintain its property and conform its activities and the activities of its Permitted Persons on that Owner's property in compliance with all applicable requirements under applicable Environmental laws (as defined below) with respc—o to the clean-up or retnediadon of Hazardows Substances (as defined below), the protection of the environment, the control of hazardous wastes, and the use, generation, transport, storage. removal and treatment of Hazardous Substances, and in a manner that reasonably minimizes the risk of liability, or damage to human health or the environment, fmm the release of Hazardous Substances, Any Owner or occupant who shall violate (or whose tenant, licensee, or subtenant shall violate) this restriction regarding Hazardous Substances shall he liable to all other (1fwners for all damage9 resulting io such Owners from such violation and shall promptly undertake and complete all required cleanup and rcrtrediation. v� As used in this Declaration, the term "Hazardous Substarces" shall mean any rr materials which because of their quantity, concentration or physical, chemical or infectious characteristics may cause or pose a present or potential hazard to human health or the environment when improperly handled. treated, stored, transported, disposed of or otherwise rttartaged under applicable laws and .� regulations presently in effect. The term shall include. but is not limited to, petroleum, gasoline and all petroleum hydrocarbons, all huardous substances. hazardous materials and hazardous wastes listed by the U.S. Frivironmentai Protection Agency and the state in which the Development is located under the We Comprehensive Environmental Response. Compensation and Liability Act ICUKLA). the Resource Conservation and Recovery Act (RCRA). the Toxic Substances Contr-1 Act (TSCA), the Federal Water Pollution Control Act (FWPCA). the Emergency Planning and Community Righl-to-Know Act (EPCRA) and and and all other federal and state statutes applicable to the protection of hurrah health or the environment (the "Environmental Laws"). IL Condann atiom This Section I t shall apply in the case of a condemnation, or a sale in lieu of candcranWion, or an inverse condemnation having the same effect. concerning a portion or all of the fvelopment. lyre award or purchase price paid for the taking shall he paid to the Owner of the property so taken. The other Owners who may have an easement. or may have other property interest or rights under this Declaradon, in the land so taken do hereby for by accepting the property covered by this Declaration shall be deemed to) release or waive those interests and rights with respect to such award or purchase price. Such other Owners shall. however, have the right to seek an award or compensation for the loss of their easement right and other interests and rights, but only to the extent such award or compensalion paid or allocated for such lose does not reduce the amount paid to the Owrter of tlu• property taken. If anv access road to the Development is taken. the Owner of the property on which the acccm road was located shall use such 0%ner's best efforts to provide promptly a substitute access road In the r)evelopment on such Ow'ner'q Parcel 12. Imurance. Throughout the term of this Declaration. each Owner shall tttaintain. with respcdt to the Fasemenl Areas and Common Area within that Owner's parcel, a policy or policies of public liability insurance with a combined single limit of liability of not less than (a) $2.000.000 for bodily or personal injury or death and for property damage arising out of any one occurrence, nor less than fb) the amount of insurance normally maintained by owners of Similar properties, as reasonably determined from time to time by Declarant and communicated in writing to the other owners. The t'RED MEYER CC&P FORM 9 47 Upeared t'orm t. I Printed Seat isn;.ary 20. 1499 PDXIA I:i%_'l . 4490a.2a.tF 18 Owners will provide to Declarant from time to time, as Declarant may require, certificates of insurance showing that such policies of insurance: (i) name all other Owners as additional insureds; (ii) are issued for periods of not few than one year; and (iii) are issued by insurance. companies qualified to do business in the State in which the Development is situated and (except as otherwise approved from time to time by Declarant in writing) having a ger.--ml policyholder's rating of not leas than A- and a financial rating of not leas than Class X as rated in the most current available "Beid's" insurance Reports. The insurance required of an Owner may be carried by the Owner or a Prim Lessee under a plan of self insurance. arovid•rd that such Owner or Prime lessee hw and maintains a net worth of the higher of (1) $25.000.000 or (2) l2 times the required minimum single limit of insurance coverage required under this Section. If any Owner or any Owner's Permitted Pena n places any underground storage tank under the Owner's Parcel, the Owner, upon written request from any other Owner, shall provide proof that the Owner or Permitted Person has complied with all laws, regulations and ordinances concerning such tanks, including proor of in atmrtce and nth" financial re-Aponsihiiity that is sn required. U. Common Access Maintenance. The Declarant shall maintain and repair the major driving lane and auess ways on the Major Anchor Parcel as identified on the attached l;xhibit 2 as fart L7 of i)eclarant's obligation to maintain the Conunon Areas on such Parcel. As maintenance of the driving lane and access ways will be of benefit to all Owners. each Owner agrees to pay to Declarant an annual co drive lane maintenance fee ("Drive Lane Maintenance Fee") in the amount of FIVE CENTS ($0.05) C per squars foot in such Owner's Parcel. Such fee shall be due and payable at Declarant's notice address on January 31 of each calendar year. Such fee shall be adjusted every five years in proportion to the C increase. if any, in the CFI (as defined below) from the later of the date hereof or the most recent err. adjustment. Por the purposes hereof. "CPI" shall mean the Consumer Price Index, U.S. City Average. W d fnr all urban corisumcts (1482-84 = 100), for All Iterns. as published monthly by the Bureau of labor Statistics. U.S.O.L., or. in the event that such index is no longer available, such successor or other index as is most equitialcrit thereto as the Declarant may wfect by written notice to all Owners. 14. Defaults. 14.1 Defaults. A person shall be deemed to be default of this Ucclaration upon the expiration of 30 days (10 days in the casc of failure to pay money) from receipt of written notice from any Declarant. any Owner or Prime Lessee specifying the particulars in which such person lim failed t,; perform such person's obiiplions under this Declaration unless such person has. prior to the expiration of the curl: period, cured the matters specified in the notice of default. However, such person shall not he deemed to be in default if such failure (except a failure to pay money) cannot reasonably be cured w iihin the thirty clay cure. period. and such person is using good faith, diligent efforts to cure the masters ,lnxifted in the notice of default. 14.2 Trijunctive Relief. in the event of a violation or threatened violation by any person of the restrictions contained in this i]eclaration, Derlamnt and/or any or all of the Owners or Prime Ire, -sees shall. in addition to any other retnedv available at law or in equity, have the right to enjoin such violation or threatened violation in a court of competcrrt jurisdiction. it being acknowledged that monetary damages will be an insufficient remedy for such a violation. I-RI,fl ki0 ER rC&R FORM - 9 97 Updated Fomi E I printed le.i January 20. 19W PDXIA t275.t 2 40-W 2046 19 14.3 Dedarattt's Right of Se f-Hdp. (a) whenever a Owner is in default under Section IC 1, and without limiting any other righta that beelaraat or any other Owner may have in the event of such a default, at law or m equity. Declarant shall have the right (but not the obligation) to perform the obligation of the Owner giving rise to such default, provided that Declarant first gives the defaulting Owner at least 10 days notice of Declarant's intention to perform the obligation, and provided that the Owner has not cured the default prior so oxpirabM of such I&day period Declarant shall be entitled to reimbursement from the defaulting Owner for reasonable costs incurred in paformiog or contracting for performance of such obligations (plus, as to any default consisting of it failure to maintain Common Arras on an Owner's Parr d, an administrative fix of 20 percent of orb costs). Reimbursement owing but not promptly msde shall bear "one at the lesser of (1) the highent rate permitted by law or (2) the "prime" or "reference" rate of iutlr'tlai as publicly anmoced from tithe to time by U.S. National Bank of Oregmm or its mrxAuor (or if such designaW bank's prime or reference rate of interest is no longer publicly available. then the prime or reference rate of insecest of orb odor regional or national back as Declarant v may select by written notice to all Owners), plum 4 petvent per annum, from the date of billing until {D reimbursement is made. (b) Declarant shall have a lien on the Para] of an Owner that fails to reimburse the Declarant a required by paragraph 14.3(s); pmWed however, if a boat fide dispute exists as to the existence of such default or the anxwnt due, and all undisputed amounts are paid, then d; "0 be no right to place a lien an ewh Owner's Pocel until nwh dispute is settled by final court decree or mubol agreement_ Such lien shall only be effective when filed for record by the Declarant as a claim of lien against the defaulting Owner in the office of the recorder of the county in which the Development W is located, signed and acknowledged, which shall contain at leak: (1) an itemized statement of all amrAmis due and payable punmutt thereto; (2) a description sufficient for identification of that portion of the real property of the defaulting Owner which is the subject of that lien; (3) the tame of fire Owner or rtsputad Owner of the property which is the subject of the lien; and (4) the nun and address of the Declamat_ The lion. when so established sgama the rail property described in the lien, shall be prior and superior to any right, title, interest, lira or claim which may be or has bona acquired or attached to such real property after the time of filing the lien. The lien shall be for the use and benefit of the Declarant and may be enforced and foreclosed in a suit or action brought in any overt of competent jurisdiction. 14.4 iEfed of Defkft or N=-Use. No Owner or say other perm shall be entitled to cancel. rescind, or otherwise terminate this Dealarottiom an account of any default hereunder, but this shall not limit any Owner's rigbis and remedies granted hereunder on account of such default. Abandonment or woaae (after receipt of a certificate of occupancy) of essemrnt rights hereunder or of the property by an Owner will not reduce or affect an Owner's obligation to pay its share of costa for required atx m way meintmaiwe under S x*m 13 of this Duration, or to perform or comply with the terms of this Declaration. 1s. 'Perot. This Declaration shall be perpetual (except as provided below) and shall nm with the head and shall be binding an and shall inure to the benefit of the pwtiea hereto, their heirs, saKcessors or assigns. BY umanimmu conaeat, all Owls may agree to tarnoiew this Declaration, in which case they shall caws to be recorded an resentment acknowledging PA tmalmdlam. FRW MEYER CCU! FORM - 9 / Updated Form &1 Parried LW: Jam+ary 20. IM PDXIA427321.2 4"00-M& 20 16. GewW Provisions. 16.1 9t" of Title; Elrap" Tam This Declaiabon is granted Subject to all prior easements and encumbrances of record. Each Owner warrants that it will defined the title and the other Owners' interests under this Declaration against any moripp, tax lien or constriction or other lien claim: (i) which affects the Development or Parcel, (ii) which asserts priority ova the inhwed of the other Owrter(s) in enforcing this Declaration or which affects say other Owner(s) rights under this Declaration, and (iii) which is attributable to the party itself or its tenants, agents, contractors or subcontractors. This Declaration will not be subordinated or rendered inferior to any future financing by any Owner. Fach owner shall pay before ddinqueat all property taxes and sooessments assessed on such Owner's Parcel and the improvements constructed dwreon. 16.2 !Protection of WSW of Mor. No breach of the provisions in this Declarsiion shall defeat or order invalid the lien of any mortgage(s) or deed(s) of trust now or hereunder executed which affects an Owner's interests pmmt to this Declaration; provided, however, that upon any sale under foreclosure of any mortgages) or under the provisions of any dead(s) of trust, any C purchaser at such sale, and its successors and assigns, shall hold any and all property interest so purchased subject to all of the provisions of this Declaration. 16.3 Walver. No provision of this Declaration shall be deemed to have been waived unless such waiver is in writing signed by the waiving party. Failure at any time to require performance of any provision of this Declaration shall not limit an Ownsrs. sight to enforce the provision_ Any waiver of any breach of say provision shall not be a waiver of any succeeding breach or a waiver of any provision of this Declaration. 16.4 Abortup' Fbm. In Ck event suit or ni;tioo is instituted to interpret or endorse the terms of this Declaration, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable sea costs of litigation (including discovery coats), and as attorneys' fees in pneparstioo for and of trial, on appeal of such suit or action and on any petition for review, in addition to all other sums provided by law, 16.5 b dmk*y. Esrb Owner sad Prime Lessee shall dcfa id, Mdmndfy ar-d bold the other owners and Prime Lessees harmless form say claim, loss, liability or expemse (including discovery costa and odd litigation costa, and reasonable attorneys' fee) that: (a) arises out of or in connection with the failure to perform or comply with the terms, restrictions and provisions of this Declaration by the indemnifying Owner or Prim Lessee; or (b) arises out of or in connection with the intentional seta or gross negligence of the indemnifying Owner or Prime Loom or the employees, representatives, agents and indep wdetnt contractors of the indemnifying Owner or Prime Lessee, or any occurrence on or in the indemnifying Owner's at Primal Loom's Building Area; or (e) arises or results from the pr tfotmaace of any construction activities performed or atdherimd by such indemni"g 00ner or Prime Lessee; RwiM that the obligafar to defend, indemnify and hold harmless for matters described in chum+ (b) and (c) shall in the event of eonctlrmat aeROWme or miscam ium a &xk claims to the extent than they are caused by the negligence w intmtiaeal misconduct of the indemnified person, or its agents, contractors or employees (while acting in such capacity). 16.6 Entire Agrees wL This Declaration wpersedes cord replaces all written and oral agreements previously made or existing with respect to the matters ad froth above. FRED MEYpt CC#R FORM • 9a97 - Vpdood Form 9-1 Pri*W last: 7anwry 20, 1999 roxew-127121.2 499an M6 21 .+ 16.7 Govendi g Law. This Declaration will be governed sad construed in accordance with the laws of the State in which the Development is sidtaled. 16.8 Shdw Cwiffnir, IJddwmaden. Within 2D days after receipt of a written request, an Owner or Fame Lessee shall promptly deliver a written emu certificate to the Owner or prime Lessee requesting the sups, stating (i) the current status of aby work being performed or coats previously incurred which may be subject to reimbursemeet under the Declaration, (ii) whether this Declaration is unmodified and in fcdl force and affect, and (iii) whdher (to the bed of the patty's knowledge) the other Owner(s) or Prime Lessee(s) are is compliance with their respective obligations herew*r, sad any other matters that ray be reasonably requested. Any raped for rexmbu , - 1 , t of coats for which reimbursement is provided herein crust be made within six months after the and of the calendar year in which the cams are incurred and will be accompanied with such information on the work perfonned and costs iwurned m an Owner or Prime Lasses my resecstably require to verify the request. The party requesfng reimbursement will promptly respond to requests for additional information about such work and costa. 16.9 Nooses. Notices gives under this Declaration shall be in writitrg and delivered by certified or registtxed U.S. mail, postage paid with relum receipt requested; by United States express [nail or other a abtielod wpm delivery service (such sa Federal Express), pomp or delivery charge prepaid, by facsimile of other telxommunicatioa device capable of transmitting or creating a written record-, or personally. Each Owner shall give notice to each other Owner of its address for notice by written notice to the other Owners. Ualess a party designau another address for notice by notice given pursuant to this Section, notices to Declarant dtotdd be sent to the following address: To Declare l: ROUNDUP CO. c/o fly MEYER grmn, mc. PO Box 42121 Pbrtleod, Oregon 97242-0121 (Stnaet Address: 39W SE 22nd Avenue, Portland, Oregon 97202) Attn: Senior V.P. /MO/CDO Facsimile No.: (5W) 797-3539 with a copy to_ FRED MEYn, WC. PO Box 42121 Port!" Orngcro 97242-0121 (Stied Address: 38W SE 22ad Avenue, Portland, Oregon 97202) Arta: Corporate ReW Fusee Attorney/M01CLD Facsimile No.: (303) 797-3623 1n the absence of such notice of an Owna's address for notice purposes, may notice order this Owlsndan may be given to the address to which proputy tax statements are delivered by the taxing sraho *. For &a p wpoeea of this Oocis-stien, the harm "r*Wpt" shs11 mean d w eadi er of may of fire following: (i) the dale of delivery of the notice or other document to the address specified pumant to this Section w shown on the return receipt or by the records of the courier, (ii) the date of actual receipt of the notice or other document by the office of the person or entity specified pumumt io this Section, or (iii) in the srue of refusal to accW delivery or inability to deliver the notice or other domiment, the earlier of (A) the date of the atDw4od Aslivery or oft" 6o aooq t delivery, (8) the date FRED MEYER CC&& PORM - 9M - Upd" Faces E-1 PnnW hM: Jmwary 20, 1999 PDXIA.117121.1 499004W 22 of the postmark on, the rdurn receipt, or (C) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 16.10 Arewdmw s. Except as otherwise set fords basin, this Declaration may not be modified, amended or terminated except by the written agreement of all Owners (6400 t that MOarant's rights may be and will be transferable m described in the definition of 'Declarant"); pruVWW, however, that (i) Declarant may amend this Declaration to add Lad to the Development or mike seasonable modification to the boundary lines of the Parcels within the Development without the consent of any other Owners other than the Owner of the Paree](s) whose boundary lines are being s4usted, and (ii) Declarant may amend this Declaration at any time to release land outside the Anchor Parcel (as it may exist from then to time) from the Development so long w the land to be released dom not have on it any accessways or Utility Lines needed by the rernsinder of the Development (or if there are accessways or Utility Larsen on the land to be released, Decloirent shall have obtained and recorded an easement instrument for purposes of (aatinuing the essemmes conwimA in this Declaration notwithstanding the release of the Wtd from this Declaration). An Owner may waive one or move of its rights under this Declaration In writing sigW by the party, and such writing need sot be recorded. Other than as referenced in the foregoing, no modification or amendment of any provision of this Declarstim shall be binding unless in a written instrument duly signed and notarized by the Owoera (or Prim Less=) of all Parcels within the Development. Any such modification, or amendment shall be effective when recorded in the real property records of the County in which the property is situated. {p 0 16.11 Fated of DetLeslion. Noddm is tW o Declaration, express or implied. shall confer upon spy person, other than the Ownem and Prime Lees, any right or remedies uadar or by reason of this Declaration. 'no righta and remedies of tenants and other persons are limited to those contained in the lease agreements or other agreements the parties may have with such knests or other C persona and to those rights and rerrtedies othherwise explicidy conferred by such puties on such persons. Nothing in this Declaration shall prevent any Owner or Prune Lessee from imposing on arch Owner's or Prime Lence's own tenants or other persons being granted rights of use, either expressly or by implication, by the Owner or Prime f.ressee, etch ndes, regttlatkm and restrictions as the Owner or Prime Leases may determine to be necessary or appropriate. FAch right granted pursunt to this Declaration is expressly for the benefit of the property described on the attached Exhibits. 16. U Sucsxss n and Aatlipm. iEvery obligation under this Declaration shush run with the land and shall be binding upon the Owners and upon the heirs, personal representatives, successors and assigns of each of the foregoing, sa owrtars or Prime Lessee of the Parcels cad any arhdivision thereof. Any n4a mm to becluent or to an Owner at prima Lrasee shall apply only so long as the party owns or is a Prime Loewe with respect to a property within the Development (unless the coders clearly requires odierwin, and except as otherwise provided in the definition of "Declarant" with teapect to transfer of Declarant's rights), and dwea ier such reference shall be intended to apply to such pady's successor or assign. Any u utsf ifs of any Owner's Parcel chaff automatically be. deemed, by accaptanee of title to vetch property, to have assumed all of the obligations sat forth in this Declaration relating to such property. The Owner or Pri»ha Knee shall, when arch trassfar is camupsmsted, be relieved of all liability that arises theteaft under this Declaration, but such Owner or Prime I eases shall not thereby be mh cvW of liability that arose before such tires and which remains u nsudied. An Owner or Prima Lessee has the right to ansigp to any Unent(s) of the Owner or prime Lts w its rights and obligations wader this Declaration throughoirt the term of the leases) to arch twasigs) or for a sh rW FM MEYER CC&R FORM - 9,97 - tipd@W Form g-I PrWW fat= Ismary 20. 1999 MIA•177SA 14"Q*-Wt6 23 C17 d liner as the Owner or Prime Lessee may agree, but this shall not release the Owner or prime Lessor from its obligations or liabilities under this Declaration. 16.13 Effect of Invalidation. 1f any provision of this Declaration is held to be invalid or unenforceable for any reason, such provision Meal) be ineffective to the extent of such invalidity or unenforceability, but the validity of the remaining provisions of this Declaralion shall not be affected thereby. Furthermore, in lieu of each such invalid or unenforceable provision, there shall be added Autornaticalty as a part of this Declaration a provision aA similar in terms to such invalid or unenforceable provision as may be possible and he valid and enforceable. 16.14 Not a Public Dedication. Nothing contained in this Agreement shall be deterred to be a gift or dedication of any portion of the Development to the general public or for the general public or for any public purpoee whalwvver, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed, 16.15 No Psarhtership; Disclaimer. No provision of this Declaration 4r previous (or subsequent) conduct or Hctivitles of the parties and/or present or subsequent Owner(s) will be construed: (0 as malting the parties and/or present or subsequent Owners) a partner. joint venturer, agent or princi- pal of or with each other, f iii as creating any express or implied obligation for Declarant to constnrct a retail building or other improvements on its Parcel(s) or to develop or operate the Development or the Anchor Parcel as a Fred Meyer retail development or otherwise, or (iii) as malting Declarant and/or present or subsequent Ownerfs) responsible for payment or reimbursement of any costs incurred by each other. whether or not such development r%ccurs (except as may be expressly set forth herein or as cYpremly set forth in the purchase and sale agreement, development agreement or other written agree - mews executed b% the parties). Whether and how Declarant may develop or operate the Development and the Parcels► owned and/or leased by Declarant are at Declarant's discretion. No person will have an% claim against (or right to recover any damages or costs from) (3eclarant in the event Declarant does not deseiop or operate the Development and the Parcelfs) owned and/or leased by Declarant. 16. f6 Enerctsc of Approval Rights; Limitation of Clines. Declarant shall exercise its approtial rights under this Declaration in good faith hased on its respective business judgment rind a: teal knowledge. and any exercise of .ruch rights in good faith shall be binding. By execution of this Agrecmcnt or acceptance of its deed to a Parcel (as applicable), each Owner expressly agrees that Ucxlarxrtt will not he liable in damages for any denial or w-ithhoiding by Declarant of consent or approval under this Declaration, and that the sole remedy of the party requesting such consent or approval shall he sl7eclCrc perf0nT=CC Or other injunctive relief. 16.17 Prime Lessor and Sale and Sale -Leaseback Purchaser. Notwithstanding anything to the contrary contained in this Declaration, it is expressly agreed that in the event of a Prime lfax on a Parcel, the parties anti their successors and assigt4 as Ou nets or Prime Lessees of the Parcels %hall. for the duration of the Pritne Lease. look solely to the Prime Lessee for (and the Prime Lesser shall be liable therefor) the performance of any obligations that ciher the Prime Lessee or the Prime le`,k4or shall have under this lkelaration, and the Prime lessor shall not be liable for any breach, non- compliance or failure to perform any obligation hereunder by the prime De_ssee or with rt:spcct to its Panel Fly entenng into a Prime Lease. Prime Lessee shall conclusively be deemed to have agreed to lk subjut to all terms and provisions of this Declaration, including the previsions of this Settinn. and no cometil or other acknowledgment shall be required of the Prime Lessee. FRF.t] NIFYER CC&R HAM 0 7' Urdiud Form E l Priacd Iscr Jampiq :A. 1999 PDX I A 1: rS 21 . 499W 2046 24 G e 16,18 Ttdr'd PaAy BenerkAary Rigtrls. This Declaration is not intended to cmate. nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not an Owner of a Parcel, unless otherwise expressly provided herein. 16.19 Force Mgjeure. The period of time provided in this Declaration for the performance of any act shall be extended for a period or periods of time equal to any period or periods of delay caused by strikes, lockouts, fire or other casusilty, the elerrtmnts or acts of God, refusal or failure of governmental authorities to grant neeebsdry permits and approvals for the act (the particz agreeing to use reasonable diligence to procure the same). or other causes. other than financial, beyond their reasonable control. 16.20 Interpretation; Other Provisi mis. The section headings and table of contents ,n this Declirrrtion PLm for case of mference mly and shall not he dreniecl to define or limit the scope nr content of any of the terms, covenants, conditions, or agreements in this Declaration. In construing the primisions of this Declaration and whenever the context so requires, the use of a gender shall include all other gendcm. the rise of the singular shall include the plural, and the use of the plural shall include the si ngidw. IN WITNESS WHEREOF. the undersigned has caused this instrument to be duly executed ai of the day said ycaa first written above. Declarant: til'AT111' 0f 0REG0NN } ] 55 (cauntti of Multnomah 1 ROUNDUP CO. BY: ell 1�• The foregoing instrument was acknowledged before me this 0441 day of M( t-Ji l9 fl b} S i0 tL U r ���' f . , the VjLe-_ � jt of ROUNDUP CO., a 1t ashington corporation. on hetialf of thForporatinn. I\ WITNIM WHEREOF, I havc hereunto sct my hand and affixed my official seal the day and scar first aho4c written. RUSANNA SCHWEITZEFI No � Public for Oregon 1AVA', s My commission expires: air G(k.�M �SQN 1 x t k" 1) 41i:} tIt fCd R FUR;f 0 9' Urdatni F-�mi E 1 Primed IAst lemon 20. 1999 PD V A I :'S.1 2 +apt? :Ot6 'i5 L,XHIBJT IAA 11:gal Description of Non-Andwr Parceh Parcels B. C, 1). F., F arxl 6 of Ciro u1 Renton Hounda) 1 xic Adjust[nenl LUA-93-017-LI,A a% rw)rded under Auditor's File No, rfoy04 cp/__.Records of King Comet}. Washington. 1 Ni IF11I 5I k CC&R I OR11 y v- [ pJaEck] i orm I s irnra: !]a,r 5Fdr,h 14_ iUav f EXHIBIT Legal Dewnplion of Anchm Pucel Parcel A of CiI) nl Wnion Poundar) Linn AdJusttnenc Ll:A-99-017-1-LA as recorded under Auddiu's File No. _ .Q�Q YOL. S'Ob i . Record-, fif King Counr%, WashinRuln. IN IDIIIiIR((AN IOR%1 9a- Iltle(cdIo1wF I $It �Mrsl i.iu N1r,h Iti, 1'n,A) Site Plan Drawing cm LI A f I yr n CID we hog E NOR rH 7�,.�_�� X. EXHIBIT 3 Repurchase Option Terms This Exhibit contains tetrrts relating to the rights of the Dedamrit under Section 4 of that certain Declaration of Covenants. Conditions. Restrictions and Easements ("Declaration") dated �T 199 _, pertaining to certain Parcels described in the Declaration. 1. DEFINITIONS. As used in this Exhibit. the 'Owner` is the Owner of a Non -Anchor Parcel cinder the Declaration, the "Optionee" is the. Declarant under such Declaration. and the 'Option Property" is the Owner's Parcel. C'apitalimd terms not otherwise defined herein will have the meaning stated in the Declaration. 2. INCORPORATION OF rERMS. The prnviaions of Section 4 of the Declaration are incorporated tl,xein. pursuant to which Optionee has the right and option ("option") to repurchase the Non -Anchor Parcels on the occurrence of certain conditions as described therein. STATUS OF THE OPTION PROPERTY AND TITLE. 3.1 Access to the Option Properly. During the option period, defined belaw. CQ Owner shall permit Optionee or its authorized o: designated representatives or agents to enter upon the Option Property at r+easorwhle times upon reasonable advance notice (as to the date, time and purpose for the enlryl for the purpose of examining the Property. 0 3.2 Conduct Until Closing. Until the closing date after any exercise of the Option. 074ncr will maintain the Optirnt Property and shall pay all liens or property taxes and assessments imposed on the Option Property-_ r. 3.3 Outstanding Agreenents. following exercise of the Option, Owner will not enter Into anti leases, occupancy agrettnents or other agreclnents affecting the operation or use of the Option Property which will be binding on Opttnnee after the closing of purchase if the option 1s exercised, except as may be reasonably approved in wn(ing by optionee during the option period. 3.4 Title Report. As soon as practicable after exercise (if any) of the Option, the parties will cause to be fumishcd to Optronec a preliminary title report (with full copies of any exceptional from a title company selected by Optionee ("Title Company") showing its udlingness to issue title insurance on the Option Property 3.5 Rtacilssiort of Agreattent. If the title report described in Section 3.4 shows any e:xreptions other than those misting when Owner acquired the Property from Optionee, or as athsequently approved by optionee. Owncr is responsible for obtaining a release or discharge of such matters (other than easements not mtatcrially interfering with the operation of the option Property). If tuner k unable or fails to eliminate. any disapprcned exception, Optionee may elect, at its option. to rescind this Option by notice to the other party: provided. if the disapproved exception is a financial cpcoinbrancr. Optionee shall also have the option to sue for specific performance of the obligation to rxmo%e the disapproved exception. In such a enl, all obligations of the parties under this Option shall tlkm after cease, unless Optionec notifies owner within 10 days after such rescission that Optionee elects FRED htEYU CCAS FORM 99" • t.rdatcd F,,nk% E 1 t'nniri ls%i ianuan .0. 1999 PDXIA 1275:1 : 49QW'W W to waive its prior disapproval of the exception. In addition, fawner shall have the right to rescind its exercise of the Option at any lime from the date of exercise through closing. 4. CLOSING PROCEDURE. 4.1 Date of Closing. This transaction shall be closed on a date selected by t>htioncc and wA.uxiably acceptable to Owner. within 30 days after exercise of the Option (the "Closing Date-). 4.2 Prorarions. At closing, property taxe_y and other expenses associated with operation of the Option Property ("Expenses") shall be prorated and adjusted between the parties as of the Closing Date. 4.3 Manner and Mace of Closing. This transaction shall he closed in escrow by an officer of the Title Company at its main .office in Portland, Oregon, at as otherwise Ittutuaily agreed by the parties. Closing shall take place in the mariner specified in this Option. 4.4 Closing. On the Closing Date. (his transaction will be closed as follows: (a) The pmrations described in Section 4.2 will be made and the parties shall he charged and credited accordingly. (b) Owner will convey the Option Property to Optionee by statutory special warranty deed. subject to no liens or encumbrances, other than those permitted under Section 3.5. CivYner %rill execute a "non -foreign person" f7RPTA affidavit, in form reasonably, acceptable to Optionee, (c) Optionee shall pay to Owner in canh the total purchase price for the Option Property. adjusted for the charges and credits set forth above. [d) The Title Company shall have delivered a commitment letter �ommltting to issue the policy described in Section 3A. upon recordation of the closiny documents. (c) owner shall be charged the amount required to obtain release of liens i if amyl. Optlonec shall be charged the recording fees for the deed. Owner shall be charged the premium for the owner's title insurarue policy and the State and County excise and documentary stamp taxes -lire escrow fee shall be divided equally between the parties. 4.5 Title Insurance. As wxin as practicable after the Closing Date, Owner shall furnish Optionct with an owner's standard coverage policy of title insurance in the amount of the total purrha5^ price for the Option Property. subject only to the standard printed exceptions of the Title Compare . and cxceptions for the matters under Section 3.4. 4.6 Possession. Uwncr will deliver vacant possession of the Option Properly to Optionec on (tic Closing Date. 5. TER''.4INATION. This Caption shall expire an the date twcnt; (2201 years from the date of the Declaration. if the Option has not been previously exrrctsed. In the event Owner should fail to FRI,I) ME1 flit C'('&R t-ORM 9 9" 1-pdated Ferns F I Pnnred IMAI lu,:urn 20. 1W) PDX IA I='3Z1 : 49001) 4' b 2 ell close this transaction (other than as a result of Optionee's failure to exercise the (Vtion or perform Optionec's obligations under this Option). Optionee shall be entitled to a refund upon: demand of any moneys deposited with Title Company in connection with the Option, and Optionee shall be entitled to all remedies allowed at law and equity for hrtmh of contract, including the right to enforce specific performance of this Option. 6. FAILURE TO EXERCISE OPTION. In the event Optionce does not exercise the Option with the option period specified below. Optionee shall, upon Owner's request, execute such documents as Owner may provide and reasonably require to evidence the expiration or termination of this Option. GENERAL PROVISIONS. 7.1 Binding Effect. This Option shall be binding upon and inure to the benefit of the parties, their successors and assigns. 7.2 Brokers, Fach party o:i11 defend, indemnify and hold the other party harmless from any claim, loss or liability rnade or imposed by any party claiming a commission or fee in connection with this transaction and arising out of its own conduct. v w 7.3 Prior Agreements. Ibis document is the entire, final and complete agreement of the parties with respect to Optionee's option to purchase the Option Property and supersedes and replaces all written and oral agreements previously- made or existing between the parties or their y.. representati%es with respect to this Option. �i 7.4 Other General Provisions. The terms of this Option include the fotlowing General Provisions contained in the Declaration' Sections 16.3, 16.4, 16.7. 16.12, 16.15. 16.16 and ,'"y►'. I h 19 M• A. OPTION PERIOD. The Option may be exercised by Optionee at the times and upan occurrence of the conditions specified in Section 4 of the Declaration. The Option shall in any event cxpiri! on the date twenty (20) years after the date of the Declaration. Tyre -option period" means the period of time commencing on the date when the. conditions specified in the Declaration giving Optionee the right to exercise. the Option occur, and ending upon the expiration of Optionee's right to exercise the Option as stated in the t]eclaration (or. if the Option is exercised. on the Closing Date). 9. RIGHTS OFOPTIONEE (DEC:LARAND TO WAIVE OR MODIFY TERSIS OF OPTION. As to any ikon -Anchor Panel. Optionee (Declarant) retains the sole right to waive or modify the time periods or conditions or other provisions of Section 4 of the Declaration as to any Non -Anchor Pari el. by written agreement between Optionee (Declarant) and the part acquiring the Non -Anchor Parcel from Declarant or any subsequent Owner of the Non -Anchor Parcel. without the need for Declarant to amend tFe Declaration itself or obtain the consaal or joinder by any third party. It is understood and agreed that the Option is in favor of Declarant only (and its successors and assigns. as "Declarant" under the Declaratinn) and is not for the benefit of any third party. [NO MORE 'TEXT ON THIS PAGE] I•kFD MEYER C(&R FORM 9 9- Vrdated F+'rm E i Pr „led lm%l canon 24. IM Piz\ 14 1:75a . 4990LI.046 v 4 T V sign Criteria Outparcel Sign Specifications Ma- -mum allowable size for monument sigsss located within Fred Meyer stare developments. "=ir�rr n:s��_rl+ LE 0 Return Address: Sloe€ Rives Suite 2600 900 SW Fifth Avenue Portland. Oregon 97204-1268 Attn: Steven A. Moore DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (Renton, Washington) Grantor: l . ROUNDUP Co., a Waaltinghm corporation, doing bttslnem in the state of Washington as "Fred Meyer") Grantee: 1, ROUNDUP Co., a Washh4wa corporation, doing budoeas In the state of Washlrrgton as "Fred Meyer") LASW bescription: l_ Abbreviated form (tat, block, plat name. section -township -range): 2, Additional legal description is on Exhibit 1-A and I-B, page I of the documern 4 49 Assessor's Property. Tax parcel Account Number(s) 1 I; Y 000720-0209-08 IU305-9157-00 ,r r 192305-9215.00 IU305413"3 182305-9221-02 00 l"19"i t ISIM-921W 00072"170-03 1823MS-921946 ,z 000720-014644 0D0720-0150-07 OW720.0197-02 182305-9034-09 .w r; FREU MEYER CC&R FORM - 9W - Up bNd Form E•1 Prilmm lam, Much IS. 1999 ReWm Addnm: Saul Rive* Lly Suite 2600 900 SW Fdlh Avenue Portl*nd, Oregon 97204-1268 Attn: Stevan A. Moore CD DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS K7' by ROUNDUP CO., a Waddagim corporation DECLARANT Concerning property local att at in ma CAN*, walliffam .a• FRM MEYER CC&R FORM - 9197 - Updated Farm F l Pramw tut: lanu*ry 20. 1999 MIA•1Z75111 49%0.2M 1 Table of Contents 1. Definitions. ............ ................ ..... .... . .... . .... 1 2. Building and Common Area Development . ........ . . . ............. • .... 3 2.1 Sitc Plan and Architectural Review . . . . ... . ..... .... . .. ... .... 3 2.2 Common Area. ..... . . .. .. .... . . .. . .... . . . ... . . . . .... 3 i-3 -I-YPe and Design of Building . ........................ . . . .. . .. 3 2.4 Comtruction Requirements . ....... .. ..... ... ..... . . ...... 4 2 -� Casualty and Condemnation. . ... . . ..... ... ............... 5 2.ft Signage; Sign Easement. ........ . ...... .......... ......... 5 2.7 Building Code Setback . . .... . .. . . . . .... ....... 5 2.8 Temporary License. .. . . . .. .. ......... . . .. ... ... ... 6 2-9 Boundary fine Con traction 3. Access Easements; Parking . ......... ........ ..... 7 3.1 Access Easements in Common Area . . . . ..... ..... ... ..... ... 7 3.2 Parking ...... .... ............ . . . R 3.3 Rules. .......... .. .............. I ............ f3 3-4 No Barriers- .. _ .. ...... . ................. . . . - . ft 4 I•atlllfe to Operate Nion-Anchor Parcel. - ...... ..... .. ...... 8 4.1 Certification of llnprotielltent Cost . . . . . . . . . . . . . . . . 13 4.2 "Go -Dark" Provisions. ........... . . . ............. ....... . 9 5 Restriction on Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5.1 Restrictions on Certain Parcels. . • .. • . .... • • . • • • . • • • . • • • • ... • • 10 5.2 General Restrictions on Use . ....... ........... .... • ...... 11 5.3 Approval of Proposed Use. ...... . . 5 4 Alcohol Sales. . . . ........ ... . . .. .... . 55 Mall Restnclions ..... .. .. . . . . ...... • ..... 12 5.6 Environmental Provisions for Gasoline Service Stations . . ...... . . .... 12 5 7 Additional Restrictions. ...... ................. . ..... 15 6. Acceptance of ReMi-tcttons . ..... I ... , ... 15 7 Maintenance of Parcels. ... .. ... , . , . 15 7 1 Generally: Common Area Maintenance, ............. 15 7.: Maintenance Prior to Development . ........................ • .. 15 ? 3 Maintenance of Exterior. 16 7.4 Parking Lot Lighting .... .................... ... ..... 16 R Utility f asomentc. . .. . .. ... . . . . .. , . 16 R 1 Grant of Utility Ea mints . .... . ..... . . ..... . ... • , , .. .... 16 FRED MFYt:ii ['t'xk FORM 9 97 Vpdatcd P,rcn E 1 11nnte.l lev imam Z0. 1999 PJA I A 1 :75: t : 499M Z046 9.2 "Penns of Uti;ity F. mnxnts. ....... .... ...... . ............. 16 9.3 Storm Drainage. .. .................. .... .... . ..... . . . 17 9. Alteration of Common Areas. Building Arras and Building Envelopes. ........... 17 9.1 In t.ieneral. ........................... . .......... 17 9.2 Required by Governmental Authority. . .. .... ... 17 9-3 Rcla,ated Common Area. .... . . ............. 18 10. Haaardous Materials. .......................... ............ 19 11. Condemnation . . . . .. ........ .. . ..... .... ...... . . . ... . ..... . . 18 ! 2. Insurance . ........... .............. . ........ . ... . ......... 18 1-1. Common Access Maintenance. ...... . ...... 19 t4. Defaults . . ....... ................... ...... . . ..... . . . . . .. [9 14.1 Defaults. . ...... . ....... .... ......... .. ............ 19 14.2 Injunctive Relief. .. .... .... . . . . ... . ..... . 19 14.3 Declarant's flight of Self -Help . ................. ....... .... 20 14.4 Effect of Default or Non-Usc. ... 20 15. Term. ............ 20 lb General Provisions. . ....... 21 16.1 StgtuF of 'Title: Property Talcs. . ... .... .. 21 I6-2 Protection of (tights of Mortgagees. ......... . . ... ......... 21 16.3 Waiver . .... .... . . . . .......... .......... ..... 21 16.4 Attorncytt' Foes. ... ........................ . . .......... .. 211 16.5 Indemnity . . .... .... ...... . . . ... .. _ ...... 21 16.6 Entire Agreement. ....... - 21 16.7 Governing Taw .. .......... ............ 22 16.8 Status Certificate. Information. .. . . . ........... .............. 22 16.9 Noliccs. . . .. . ...... ......... .... .... . . .. ... ... . .. :2 16Ifl Amendments. ... .. ....... . ... .. 23 16. 1 1 Effect of Declaration. 23 16. 12 Succcs-5ors and Assigns. ........ 23 16- 11 L•ffect of Invalidation .... .. .. .... 24 16.14 Not a Ribfic Dedicalion. ..... . .. . ...... . . . . . ....... 24 16. 1..9 No Partnership: Disclaimer . ........... . ...... . ............. 24 16.16 I::erclsc of Approval Rights; Limitation of Claims. ... . . . . ....... . .'.4 [6. 17 Prime Lessor and Sale and Salc-Leaseback Purchaser . .. . ............ . 24 16.18 'Bird Part} D;eneficiam Rights . .............. . . . . . ... ... . 25 16 19 Force Makure. ............ .... ... . ............. 2.5 16.20 Interpretation. Other Provisions . ......... ..... . ... .......... 115 FRU)'tF a ER C(&R FORM 0 1:pdsrcd Form F t Irmwd tart Ianaer% 20, I M i't)\ I A :'S. i : 4VrA :[tile DECLARATION OF COVENANTS, CONDITIONS. _ KEERICTIQNS AND EASEMENTS ( Renton ):red Meyer illevelopment in Ki% Coutt y. Washiggton) This DECLARATION OF COVENANTS, CONDITIONS, RF-STRICRONS AND ('.ASFMF:NTS (the "Declaration") is made this �t?� day of _U_r�J. 1999 . by ROUNDUP CO., sal Washington corporation doing business in the state of Washington as "Fred Meyer" t"Declarant" 1- Declamni is the fee owner of certain parcels of real property described on the attached Fxhihit 1 and are generally ag shown on the site plan or parcel map attached as Exhibit 2 ,cAch of the parcels into which the property now is divided or as it may subsequently he divided pursuant to this Ilerlara(ion is individually referrod to as a "$arcell" and are collectively referred to as "Parcels"). Declarant desires to have such Parcels developed and used in an integrated and coordinated manner- As used below, the "Deveiopmertl" consists of the Parcels. and any additional land owned andl.rr from time to time operated as part of the retail development on such Parcels (subject to the limitalions stated below concerning the necessity for amending this Declaration or obtaining 0 Dcclarant's approval to add any land areal. L7 �2 NOW. THEREFORE, in order to assure the orderly and beneficial development of the Parcels. (a Derlaranl does hereby declare that all Parcels in the fkvelopment sha!I be held, sold. leased and con%cycd sub*) to the provisions of this Declaration, which shall run with the land and shall be binding on and inure In the henefit of all parties having or acquiring any right, title or interest in the Development or any part thereof. and all heirs. successors and assigns of such parties. on the following terms-. 0110% v , T r: I. Definitions. The following terms shall have the meanings set forth below: "Anchar Parcel": The teat pruperiy described on Exhibit 1-13. In the event this real properly Is hereafter divided, DM-larant shall determine which of the subdivided parcels is the Anchor fail I ro_ ided. Declarant reserves the right to determine that each or all of the subdivided portions of the Anchor Parcel constilwe-, an Anchor Parcel for purposes of the use restrictions set forth in this Declaration). "Building Area": Ail those areas on each Parcel on which huildings or other commercial structures are constructed in accordance with Ibis Declaration, together with any drive - through lanes, outdoor play or eating rrtas. and outdoor sales areas shown un any site pie^ apprn�cd by DeJaran t "Building EnvdgV-: The area on each Non -Anchor Parcel that Declarant has approwcd for use as Building Area. The initially approved Building F nveloPes are shown on the site plan attached as Exhibit Z- if no Building Envelope is shown on such Exhibit Z. or if an Owner desires to change its Building E nselope, then such Building En%elope or change therein will be abject to the appmNal of Fred Meyer pursuant to this Declaration. A Parcel's Building Envelope may be larger than the liuiedsng Area that is or will he permitted on such Parcel under the provisions of this Declaration or under applicable land use regulations: the purpose of the Ruilding Envelopes is to generally identify the portions of the [lion -Anchor Parcels that may contain Building Area. FRF D AICYLR Cr'&R FORM 997 updated Form El i'nn:M WLt jsmsn 20, 19" Prri IA 1.75:1 : 4+?W 2046 "Common Ares": All those arras on each Parcel which are not Building Area - Canopies which extend over the Common Area. together with any columns or posts supporting the same. shall he deemed to be a part of the building to which they are attached and not a part of the Common AmA. "D rttn ": The undersigned ROUNDUP CO., and its successors and assigns as fee owner or iesssm under a Prime Eerie with respect to one or more of the Parcels- At such time as Declarant no longer owns or no longer is the lessee under a Prime Lease with respect to at least one Panel (cr se Declanant's option, such earlier time as the Anchor Parcel shall be conveyed by Declarant to a third party), all references in this Declaration to Declarant and all rights of approval or consent heid by Declarant shall refer. instead, to (and be exercisable solely by) the Owner owning tar the Prime Lessac, pursuant to a Prime Lease, leasing) the largest €%reel comprising the Anchor Parcel. "Easement Areas": Collectively. the Common Area and the Utility Easement Ares, and, if applicable, any Sign Easement Area. Li '*MAiar Anchor Store A retsil store containing at least 75.000 square fact of gross �1 building area. r■+ "Non -Anchor creel": Fach Parcel in the Development other than the Anchor Parcel, " r ": Collectively. the foe owners of each of Lhe Parcels (vr in the event of a Prime lease. then the Prime Lessee of the Parcel for the duration of the Prime Lease). The singular tit . term "Owner" shall mean any one of the Owners. "Pstrcet": a legalk created parcel of real Property within the Development. including u rthout limitation a parcel created by partition or subdivision of a portion of the Developrnent. "Permitted PgwnsEach Owner and its respective successors, and assigns; the employees. representatives. agents. licensees. business visitors. customers. and invitees of the Owner: and the tenants of the Owner and employers, representatives, agents, licensees, business visitors. custon rrs, and invitees of such tenants. An "Owner's Fe milted Persons" and similar terms shall mean the Permitted Persnns whose rights under this Declaration derive from that particular Owner. "Itittre Le,�Se": A (ease, between the fee owner (or a Prime Lcssee of the fee owner, of a Parcel and art unaffiliated third party tcriant, which is a net lease pursuant to which such tenant leases Al or sutstantially all of the Parcel. It the 1'r ux Lessee (as defined below) under the Prime Lease itself enters into a net sublease of all or substantial)}- all of the Parcel with a third party (affiliated or not) who assunxs all of the obligations of the Prime Lessee under the Prime Lease. then the sublease with such third party will also be R Prime Dxase and the subtenanl under the sublease will be deemed to be the !'rime Lessee of the. Parcel In Lessee" the lcnant;le:sie.`e: under a Prime Least, and Its tiucLciti;rrs and a-mgiis hul TIM the subl"-wes, hccn ow,. or-,rlccssrnnaires of such Panic Leiser), other than anv sublessee under the Prime Ixase who enters into a Prime base with the Prime; Lessee) FRED MEYER CC&R FORM - 447 . L'PJALCJ Faun E-I Pr;n4vi lac tanuarti �0, IM PU\lA 1773..-1 i 649=2046 'Prince Witor" 1'hc landlordllcw.or under 11 Prime 1. sc. ,and its succes.sory and rt.;sigmi "Si n Area.. The area on each Non-Anclim l'arocl tin «hltih the t kirer rna►- he entitied I,i w«ntitrilct a sign in accordance with this 1)udaratlnn (or. it- applicable. thc; area nn the Anchor Baru: rc`cnui frir a sign hc-nefdling it spocilied Non -Anchor Parcch If no Sign Area is de-o mated tin n 'ti„n-AnOwi I mccl, then the area for tin% sign thereon %01 he ,ub)cct to appiolLA of Declarant pursuant to this I)cclarntmn the Iriltiall� appinkud (if anv) Sign Area-,; Fire as ma% he sho%%n on F-%hlllit Z If no Sign Area is shown ixi such Exhibit 2, or if an Owner dcairei to change its Sign Area, then such Sign Area or change therein will be subject to the approval of Declarant pursuant to this leclaration. "Utility Ea9eMt Atka": All areas of the Development on, over, under or through which any Utility Line (as defined in Section 8.1 below, and including new Utility Lines installed in accordance with such Section) is located which cervex the Owner',; Parcel ercluaively or in common with [he other Owner's Parcel. Building and Common Area Development. 2.1 Site Plan and Architectural Review. Declarant will have the independent �.v right of prior review and approval of: (1) the site plan and the architectural plans for impmvernerits within each Parcel (excluding interior tenant improvements and fixturing and intenor alterations). t2 including any change.,% to elevations within the Parcel and the elevations of the finished Floors of any (� buildings. the size and location of the Building Area within the Building Envelope, the number of parking ` spaces on the Parcel. and the design of the Campion Area to be located on each Non -Anchor Parcel: (2t the existence (and if permitted by Declarant. the design and layout) of any drive -up or drii e•thmugh farilitics on an) Non -Anchor Parcel; (3) any additions or material modifications to the exterior of any iiripm-'rmcnts on a Non -Anchor Parcel; (4) any changes to the Common Areas or to Ilse silo or location of the Building Area or Building Erivelope on any Non -Anchor Parcel; and (5) the location. design and size: of any exterior or building signs placed or installed on any [Yon -Anchor Parcel - All approvals by Declarant must be in writing. Review of architectural and signage matters will include architectural dr.sign, sgle, exterior color, quality of materials and construction, and compatibility (in Declarant', judgment reasonabl} exercised) of the improvement or change compared to the other portions of (he Dee clopment. 2.2 Can mon Area. All portions of a Parcel that are not used as Building Area shall, at the time that a building is developed on the applicable Parcel, be developed as improved Common Arta by the N-mr (hereof, at the Owner'& sole cost and expense, in accordance with the site futon appr,)%d In pie Dwlarani. Development of such Common Area shall be substantially completed n+) later than the day the first occuliarit of a building on such Parcel opens for business. 2.3 Type and Design of Building. (a) General Standard. FAch building in the lkvclopment snail be of First etuahty constuuctian and architecturally designed so that its exterior ele%ations and appearance (including, without limitation, signs and color) will. in Declarant's reasonable judgment. be architecturally and auslfrc.ticall,. compatible and harmonious with all other buildings in the Development. URf 1) ME 7 Fit C-C'&R FOP41 9 97 r;pda{ed Form L I i'nnrc.l last Januan 20. 1 W9 PntIA 127521 : POOD:046 (b) Ere Safety. Every building shall be either equipped with automatic sprinkler systems which meet all the standards of the Insurance Services Of ee (or other similar local organisation having jurisdiction) or shall be constructed in such manner as not to adversely affect thr fire rating of any building built upon any other Parcel. The purpose of ibis subparagraph (b) is to allow buildings built on each Parcel to be Fire rated as separate and distinct units without deficiency charge. (c) Structural integrity. No bidding shall be built in such a manner as in adversely affect the structural integrity of env other building in the Development. (d) Height. No portion of any building on a Non -Anchor Parcel shall exceed one story or 23 feet in height above grade, except as otherwise approved in writing by Declarant Such height will not in any event exceed the limitations imposed by applicable legal requirements. (e) Rt>ilding Envelope. No building shall be constructed nutscde of the approved Building F:mwelope (unless Dcclamnt has specifically approved in writing a modification of such Building Envelope and the building is within the modified Building Envelope). 2.4 Construction Requirements. W (a) Performance of Rork. All work performed in the construction. L1 maintenance, repair. replacement, alteration or expansion of any building sign or Common Area improvements located in the Development shall be performed and cotiipicted in a good and workmanlike manner, as expeditiously as possible and in such r, manner as not to unreasonably interfere. obstnict or Nft. delay (i) access to or (rain the Tkvelopment. or any part thereof. to or from any public right-of-way. (it) customer vehicular parking in that portion of the improved Common Area located in front of any building constructed in the Development. or (iii) the receiving of merchandise by any business in the ++ INnelopment. including, without limitalion, access to service facilities- Staging for the construction, tic . mplarement, alteration or expansion of any building. sign or Corn wn Area improvements located in the Development including. without limitation. the location of any temporary buildings, or construction sheds. der Morage of building nialervals, and the parking of cortsrruction vehicles and equipment, shall be limited to that portion of an Owner's own Parcel that does not block access to any other Parcels or to that portion of the Development approved in writing by Declarani- If a retail store is then open on the Anchor PA"l, all such staging on a Non -Anchor Parcel shall be at least 500 feet from the public entrance(s) to su: h retail store unless Declarant agrees otherwise in its sole discretion. Unless otherwise agreed by Declarant, no construction shall occur during the months of November or December. At Declarant's option, the staging area(s) andlor construction area(s) shall be fenced at the expense of the person contracting for the performance of such work (the "Contracting Party"). [Unless otherwise specifically stated herein, the Contracting Party shall. at ils sole cost and eYpeasc, promptly repair and restore or cause to be promptly repaircd and restored to its prior condition all buildings. signs and Common Area improvements damaged or destroyed in the performarice of such work. (b) Handling of Lien Claims. The Contracting Party shall not permit any Irons to stand against any Parcel for arty work done or malerials furnished in connection with the perforrrmnce of the work described in subparagraph (a) above: rop sided, however. that the Contracting fart} may contest the validity of any such lien. but upon a final deternvnation of the validity thereof, the Contracting Party shall cause :he lien to be satisfied and released of record. The Contracting party shall. uithin ib days after receipt of written notice from the Owner or Prime lessee of any Parcel encumbered F RED MEYER CC&.R FOKM 9 97 . Urdafed Farm F-1 Printed inst hnnan 20, i999 Pn.l' I A t 511 : fagM 200 4 by any such lien or claim of lien, cause any such outstxrxiing lien or claim of lien to be released of record or bonded over in accordance with applicable law. If the Contracting Party fails to do so within such 30-day period, then the Owner or Prime Lessee of the Parcel shall have the right. at the Contracting Party 's expense, to cause such Vert to be bonded over. W Incidental Temporary Encroachments. Owners recognize that incidental encroachments upon the Common Area may occur as a result of the use of ladders. scaffolds. store front barricades and similar facilities in connection with th.- construction. maintenance, repair, replacement, alteration or expansion of buildings, signs and Common Area improvements located in the Development. all of which are permitted hereunder so long a.9 all activities requiring the use of such facilities are expeditiously pursued to completion and are performed in such a manner as to rrinirnire any interference with use of the improved Common Area or with the normal operation of any business in the Developrtr_rtt_ 2.s Cam lty and Condanrmtion. In the event all or any portion of any building in the Dcvelorpment is (i) damaged or destroyed by fire or other casually, or (ii) taken or damaged as a result of the exercise of the power of eminent domain or any transfer in lieu thereof, the Owner of such building shall prorreptly restore or cause to be restored the remaining portion of such building or, in lieu thereof, hhall remove or cause to be removed the datnagod portion of such building together with all nibble and debris rebated thereto. All Building Areas on which buildings are not reconstructed following a casualty or condemnation shall be graded or caused to be graded by the Owner thereof to the level of the adjoining property and in such a rrtartner as not to adversely affect the drainage of the Development or any portion therruf, shall be rovemd by a one -inch asphalt dust cap and shall be kept weed free and clean at the Owner's sole cost and expense until buildings are reconstructed thereon. 2.6 Sigruge; Sign Easement, I'nless otherwise appmved by iclarant (1) pylon signs shall not be allowed on Non -Anchor Parcels: and (2) monument signs on Non -Anchor Parcels shall not exceed the size described in Exhibit 4, and shall only be located in approved Sign Areas. If the site plan attached aS Exhibit Z (as it ntay subsequently be modified in accordance with this Declaration) provides a Sign Area located on a Parcel for the benefit of another Parcel, then and to that extent, the O%ncr of the designated Parcel (the "Sign Owner") shall have, and Declarant does hereby declare for the benefit of the designated Parcel, it nonexciusive casement over the designr ed Sign Area for Lhc pufpose,S of construction, operation, maintenance and replacement of t_he Sign Owner's sign, ;P. accordance with the terms of this Declaration, together with the right of ingress and egress to and from the applicable Sign Area Declarant resenes the right to relocate the Sign Flasement Array, a! I)eclarant's sole cost and expense (including. without limitation, the cost of reconstruction of any sign(s) in the relocated Sign Easement Area), provided that the relocated Sign Easement Area provides suhstantiails equr%alent exposure and benefit to the Owner that is beneFilted by the relocated Sign Easement Aria, and provided further that such relocation does not materially adversely affect the access or % isibility of any improvements constructed on any Parcel. 2.7 Building Code Setback. Declarwtt initially proposes to construct. has constnucted or is in the process of constructing on the Anchor Parcel a "prototype Fred Meycr building" which is classified as an "unlimited area- building under certain building codes. (By way of explanation. Nit unr linutatinn. an "unlimited area" building is designated 11-N or V-N under the Uniform Building C udt.) All buildings wnstructed in the Development shall comply with the following requirements lunl=,.s lied Meyer specifically agrees othcmise in ad%ance and in wnting): FREI) MLYLY CCALR FORM 9 9 • tlftaretii F,,rm E I Prinkd Iw lamer. X. I'M (a) No building stroll be con9tructed within 60 feet of the Building Envelope or any existing building on the Anchor Parcel unless such building, hereinafter referred to as the "adjacent building." is located immediately adjacent to the common boundary line and is attached to the building. if any, on the adjacent Parcel; (b) It an "adjacent building- exists, then no building shall be located within 60 feet of the "adjacent building" unless such building is attached to the "adjacent building: ' the "adjacent building" and all other buildings out the Parcel that are attached to the "adjacent building" and to each other arc hereinafter referral to as the "building grouts: " (c) Any building that is not part of the "building group" shall be located at least 60 feet from the "building group;" and (d) 'Ille "adjacent building" or the "building group." as the case may be, shall comply with the building code requirements applicable to an "unlimited area" building, including .+4 without limitation the installation and maintenance of an approved sprinkler system for fire protec'ion. In addition to the requirements set forth above, no building shall initially be placed or Constructed on any Parcel in a manner which will, based on then existing governmental regulations, either preclude the constniction on the Anchor Parcel of an "unlimited area" building. or cause an existing `unlimited area" building thereon to no longer be in conformance with the applicable building code requirements. tt being [� understood and agreed, however, that subsequent changes in governmental regulations shall not obligate a 0,Ancr to modify or alter its existing building. If required by any governmental authority. each Owner agrecs to join in a recordable declaration which confirms the existence of a b0-foot clear area around the +r• applicable Building Envelopes (or actual build,ng areas within the Building Envelopes). 2.8 Temporary Lieem. Each Owner of a Parcel ("Litxmor Owner") grants to the Dinner of an adjacent Parcel in the i)evelopmenr (-Licensee Owner"). and the contractors. mb,e6almen and laborers of the licensee Owner, a temporary license ("License") for access and passage o%cr and across the Common Area of the Licensor Ow'ner'v Parcel as shall be reasonably necessary for the Licensee Owner to construct and:or maintain rmproverncnts upon the Licensee Owner's Parcel. pro%ided, however. that such License shall be in effect only during periods when actual construction and'or maintenance is being perforrned and, provided further. that the use of such Licensc shall not unreauxtably interfere with the use and operation of the Common Area on the Licensor Owner's Parcel h% others Prior to exercising the rights of the License herein granted, the licensee Owner shall first dcli%er to the Licensor Owner a written statement describing the need to exercise rights under the lacensc, and, in addition, shall deliver to tho Licensor Owner a certificate of insurance evidencing that Ft,� contractor has obtained and has in force general public liability insurance with such coverage and limits as shall be reasonably acceptable to the Licensor Owner, and statutory workmen's compensation covcrngc. A Liccnsee {honer availing itself of the license shall promptly pay all costa and expenses a wk'Iated with such work. shall diligently complete such wank as quickly u possible, and shall promptly clean the area and restore the affected portion of the Common Area to a condition which is equal to or kxttrr than the condition which existed prier to the commencement of such work. 2-9 Boundary Line Construction FRED MEYER CC&R FORM 9 97 t:oeLd Form E I Pnale.t ifis: ]411uarti 20. 1999 PDX IA 1.."5.1 : 4490 5iA (a) In order to accommodate any huilding improvements that may inadNcriently he constructed beyond a Parcel's boundary line, each Owner grants to cat-h Owner owning and adjacent Parcel an easement in, to, over, under and across that portion of the grantor's Parcel adjacent to such common boundary line for the maintenance and replacement of such building improvements to a maximum lateral distance of six inches (b"). (b) In the event an Owner constructing improvements on its Parcel t"Constructing Owner") determines that it is nec,:,ssary to place underground piers, footings and/or foundations ("Subsurface Construction EilanenW) across the boundary line of it..; Parcel. the Constructing Owner shall advise the Owner owning the adjacent Parcel (the "Adjacent Owner") of its construction requirement and shall provide plans and specifications relating thereto. including proposed constrwtion lechniqueA for the Subsurface Construction Elements. The Adjacent Owner hereby grants and conveys to the Constructing (honer fnr the benefit of its Parcel an ea_ement, not to exceed a maximum litters] distance of 5 feet. in, to. under and across that portion of the Adjacent Owner's Parcel not theretofore occupied by any then existing structure, for the installation, maintenance and replacement of such Subsurface Construction Flements; provided. however, that the Constructing Owner shall have w no right to use such easement if the Adjacent Owner is able to provide the Constructing Owner a Li reasonable alrernati.e construction method for the placement of the Subsurface Constnletion Elements [ entire]-, on the Cnnstrucling Owner's Parcel. 'Me Adjacent Owner reserves the right to require the Constructing Owner to modify the design specifications for the Subsurface Construction Elements in order C to pennit the Adjacent Owi.-r the opportunity to utilize the same in connection with the construction of e±� its building irrtmediately adjacent to the common boundary line. If it common Subsurface Construction Ucrnew is used by the parties, each shall assume and pay its reasonable shsre of the cost and expense W. of the design and construction thereof. In the event any building utilizing a common Subsurface. Construction /;lenient is destroyed and not replaced or is removed. (he common Subsurface Construction Element shall remain in place for the benefit of the other building utilizing the same. (c) Mlle foregoing cimment grants shall not diminish or waive any right of an (honer to recover damages resulting from the constructing Owner's failure to construct its building within iLs Parcel line in the case of (a) above, or within the easement area limits in the case of (b) above. The easements in each instance shall: (1) continue in effect for the term of this Declaration and diervalter for so long As the building utilizing the casement area exists (including a reasonable period to permit reconstruction or replacerent of such building if the same shall be destroyed, damaged or demolished): and (2) include the reasonable right of access necessary to exercise and cnjoy such grant upon the terms and with the limitations described in Section 2,8 above. (d) Notbing herein she}I be deemed to create or establish a "comrtton" or "party" wale to he shared by buildings constructed along the corttttton botutdary lines between the Parcels. 3. Access Easements; Parking. 3.1 Access Eiasemenb in Comimon Area. Subject to the terms and conditions in .hi, Declaration. the Owners shall have a non-exclusive easement over, and the Permitted Persons shall RL1) kiFAM CC&K NORM 9'97' Updated Fonn E I Pnnled lee[ lanuan 20. 1999 PD l A 1275i l 2 49QW 2046 have the right to use, the paved portions or pawed socasways and the improved pedestrian walkways within the Common Area for these purposes: (i) ingress and egrm of Permitted Persons and dueir vehicles to and from say portion of the Development and public streets adjacent to the Developownt; (d) movement of pedestrian and vehicular haft of Permitted Persons from any part of the Development to any other part of the Developmmst; and (Hi) k Wittg and unloading. "lure Common Areas may be used for direetiooal signs, aulewaHm, walkways, landscaping, perimeter walls rand fences, psrfcing lot luting, utifiem and service facilities, all consistust with such easements. The Common Areas may also be used for parking. subject to the provisions of Section 3.2 of this Dsclarsfion. 3.2 Plsrflirtf. Eeacb Ownerdhsll rnsintniu on such ounaes's Purest) sufficient parforag spscea to met the needs of the amployees, cueaomms and invitees of Owner and its temuute, and to satisfy requites of the City of Renton codes (withew regard to or inclusion of the bon -exclusive Common Aran pa11 S rights under this Declaration). Except with the prior written consent of Declarant: (i) no Owner of a No71-Anchor Fuca] shall reduce the nuniber of parking spaces on such Owner's Parcel from the number approved by Declarant io review of the Owner's silt plan; (ii) each Owwr of a Non -Anchor Parcel doll in any event maintain an such Parcel at least five (3) parking spaces for each I ADO square feet of Building Area on its Pawal ( vim' , for my reesurant, tavarn, or similar use, an Owner shall maintain at least 12.0 purl king spaces for each IAA square feel of Building Area devoted to each use, �^.. except su admwise approved in writing by DwIsrawt); and (iii) w Owner shall apply for a variance from the requirements of any applicable coda so as to nWuce the number of spaces required on such Owner's parcel. Employees of an Owner and of its tenants a to the Owner's Parcel shall not have, as a result of this Dec uatioo, the camrwAW right to park in portions of toe Development other than the Owner's a Parcel (except as may be mutually agreed and a set fbith in a written agreement between the fee owner Q, of the Parcel sod the user). The Owners shall cooperate with each other in taking any reasonable steps required to avoid any abwe of this provision or other vioUtion of this Declaration. 3.3 Rules. The Declarant any adopt, mhke, modify and enforce reasonable n des and regubboas cansistept with this Declar alm for the purpose of aegubdi ng the use of tin Common Aran (including widwPA lin nation use of parting areas by employees and others), regulavng vehicular tuffs direction akxtg roadways, and promoting the safely, order, and cleanliness of the Development. Each Owner and Prime Lessee will cause its tenants and flair respective eustorators, employees, independent contractors and invitees to comply with such reasonable rules and regulations. 3.4 No Barriers. No fmc m. walls or barriers to nectar will be erected on the ware n boundary limas between the Paods that would unreasonably mterfe m with the use for s►ocess, ingress and eVm of the Common Am, without the prior written consent of the Owners of the Parcels with such comma boundary line SW the written consent of the Dedamt. 4. Fallwe to Operate Noo-Aneh rr Pand. 4.1 won of fapovanot Cost. Upon completion of the building and improvemenis an a Non -Anchor Parcel. sad ass any subsequent aiteratioa, rcaonftruciiaan. expetWon, modification or remodeling thereof, the fawner of it Noo-Anchor Parcel shall provide Declarant with a etsfemeot certified by Out and its tenants (as Applicable), as to the rtrtttal hard caw of consinwtion (the "Lrulmvernent Coat") We uff d is such oondnwdon (determined in accordance with generally accepted accounting principles, as shown on the records of Owner or its to eats) with respect to the PRED MEYER CCsit PORM • 9M7 - UpdaW rwm L-I Pn*W W*: Iammy 20. 1999 hr7X I A.127l21.2 49%0,2M building and impmvements on the Parcel (excluding furnishings, trade fixtures, equipment and other personal property) (the -fits 'ravel enis"). 4.2 "G*4kAN Pravislotts. (a) If ppficalit;& If a Major Araobor 5ton is now or hereafter ocsist acted on the Anchor Parcel, than the pmv;sions of this Section 4.2 will apply to the Non -Anchor Parcels for the period commencieit on the date hereof and ending on the data 20 yeua from the date of this bcclaration. (b) Nobs of E1WdW to Dbeondmse Asses. If, after compk don of construction of the improvements on a Nm-Anchor Parcel, 4Q parowt or more of the tmu building area of the Improvemmu on a Non -Anchor Parcel are at any tiara not operated for business by fire Owner (or its tenants) (much failure to operate business in 40 penoent or more of wch gross building arcs is referred to as a "Faikre to Operate"), and if such Failum m Operate continues for a continuous period of at least 12 mondar (at which time, the Failure to Operate becomes a "Tr*W Event"), for any reason adrer drun (i) strikes, lockouts at other labor difficulda, sets of God, the mqairemeau of say local, state or federal law, rule or regulation, fire or other casualty, coademgation, war, riot, insurrection or any other mum beyond a patty's reasonable control ("Faroe mejeum" events), or (ii) teaVarary closure due �Q to the nestontion, mcomilruction, expension, alteratiam. modification or remodeliq of any improvements r� located an the Parcel (, that Owner in pursuing such work with r+essanable diligence, subject to "force majeure" delays) (a Failure to Operate for one of &a reasons stated in mbpuatraphs (i) or (4) © above is an "Fmmi ed (Aa m+e"), then the Owner Shall give written notice to Declarant (the "Notke of 4„ Election") that Owner intends or anticipate* that the Trigger Evant will occur. The Notice of Election will include the anticipated date our which Owner intends to discontinue operation of business (if previously commenced). %`% (t) Opdm to Prostate; Notice of Exer w. If an Owner delivers a Notice of Election under this Section, Declarant has the option to purchase the applia" Non -Anchor Parcel, exenisable by written notice to Owner, such notice to be delivered to Owner within 180 days after Declarant's receipt of the Notice of Election (the "Nodes of Exen ioe"). The exercise of the option pumanl to such Notice of Eu raise will not be effective until the later of (i) the date the Trigger Event occurs, or (H) the 30th day after delivery of the Notice of Exercise to Owner. The Notice of Exacise shall specify the *fate on which Declarant proposes to close the purchase of the Non-Aw-hor Parcel. (d) D'- r m damwe of &nines Whi mat Not* Option. If a Failure to Operate occurs on a Non -Anchor Parcel and continues for the 12-month time period specified in Section 4.2(b) for reasons other titan an Excused Closure, but the Owner fails to deliver a Notice of Fiction a mq dmd by Section 4.2(b), tiara Desciatarrtt shall have sit option to purchssa the Non -Anchor Parcel, exemisaNe by delivering a Notice of Exeteim to the Owner of the applicable Nat -Anchor Parcel, at any time. after the Trigger Event occurs- (e) Terra of Opdwr. If Deckno exeacian an option grated under this Section 4.2, them, on the date specified in the Notice of Exercise, the Owner of the applicable Nero -Anchor Parcel will all and convoy the Parcel to Declarant pursuant to the tams mW provisions as set forth in the attachc+d �t (which is by this reference incorporated berein). The purchase price for the Parr.el will be the am of (i) the pttldMw price for the Ind in the oa'igitial sale by Declarant to FRED MEYER CCAR FORM . 9W . updated Foarr & I Primed last: January 20, IM pDlt1 A-427S211 499M2064 9 .* the Owner or its predecessor in interest; plus (d) the gMW of the fair market value of all Improvements an thte Pared, or the ummortized portion (ddermined as described below) of the Improvement Cost of such Inrnprovernents on the Pawl, constructed by the Ownw or its predecessors in title or tenants. The Improvement Cost will be as previously certified as described in Section 4.1 above; or, if the Owner of the applicable Pared has Healed to wide such cesti6twtion, as reasonably estimated by Declarant. The unamottiised portion of such Improvement Cost will be based on a straight-line amortization over a 240-month period. ribs "fir market eahre" of the lmprovemmis, will be determined in the following manner. The Notice of h xamin doll include Declarant'a determination of the fair market value of the Improvements. If the Owner objects to such value, the Owner will notify Declarant in writing no late than 2D days after delivery of the Novice of Exemise; failure to objera timely shall be denied acceptance of Declarant's determination. If the Owner timely objects and the portito cannot agree on the value within 40 days alter the Notice of Fimise, the matter shall be resolved in accordance with paragraph (f) below. (f) Disputes. If the Owner objects to Declarant's determination of the fair market value of Imprvvomm a on a Noo-Anchor Parcel is connection with the exercise of the option stated above, and if Declarant and the Owner art unable to agree an the fair market value of the IngnovemetW within the time limits specified in paragraph (e) above, the matter shell be submitted for determination by independent real estate appraisers in aecordralce with this paragraph (f). 'Elan parties onmshall each select a certified MAI commercial real estate appraiser who is familiar with the relevant musket. Such selection shall be nutde in writing by notice to the other party not less than 30 days after the Notice of Exercise. Each appraiser will make its own determination of the fait market value within 20 days attar being selected and will notify loth parties in writing as to its determination. unless Declarant and the Owner agree to a compromise based on such determinations within 10 days niter they are made, the two appraisers shall mutually select a third such appraiser. Selection of such third appraiser shall be made within IOD days atfbdr the Notice of Lxamise. 'lire third slpptaisei easel] there. within 10 days of selection, determine which of the two fair market values proposed by the original appraisers is closer to the actual fair market value, and the determination of such third appraiser shall be final and binding upon the parties. Loeb party shall bear the fees of the appraiser selected by it. If a third appraiser is required, the fees of the third appraiser shall be shared equally. If a party fails to timely select a appraiser, such party shall have waived its right to participate in the dispute resolution process, and the determination of the appraiser selected by the other party, made in good faith, shall be binding on both parties. The dales set forth in Exhibit 3 regarding closing the option ode will be extended by the number of drys that are required to resolve the dispute pursuant to this paragraph. s. Restricam on Use. 5.1 Restrictions on CerWo Psre&. Without the prior written consent of Declarant (in Declarant's sole discretion), no Parcel other then the Anchor Parcel will be teased, subleased, operated or otherwise used for. (i) any jewelry store; (H) any superoadW (which for purposes of this Doclaratioa means any store, department or area within a store, coWAining at least SAW square feet of gross floor area, including aisle space and storage, primarily devoted to the retail sale of food for off -premises consumption); (iii) soy bakery or dehicakam; (iv) the title of freab or from mead, fish. poultry or produce for off premises consumption: (v) any convenience stars (MW that a convenience store being operated In ccmjuaclron with a gasoline product service statron approved in writing by Declarslt and which contains sat more abort 1,800 op are fides of gross floor an for product display, or such greater area as Declarant may apprcwe from tints to time, will ud be a MD MEYER CC&Jt FORM - 947 - Updoed Form &1 drtd hurt_ lururp 20, 19" PnXtA-127321.2 449W2M 10 prohibited tree); or (vi) the sak of any pharmaceutical products requiring the servion of it registered pharmacist. 5.2 GewW Redriclions on Ilse. Without the prior written consent of Declarant (in DwAsrant'a sole discretion), the Parods shall not in any event be leased, subleased, operated or otherwise used for, (i) the display, distribution or We of soy "adult" books, "adult" film, "adult" periodicals or "adult" entertainment; (H) the estabhshment or maintenance of a nuarage parlor, gambling operation, "adult" theater, "adult" boalratore. "sex" shop, "peep show" or bawdy house or brothel, or any use in violation of applk" zoning &earl odw governmental laws and regulations; (iii) soy use which emits an obnoxious odor, anise or sound which can be heard or amalled outside of any building in [be Development, or which is a public or private nuisance, or wbiclt, in Declarant'+ judgment, is likely to generate public protests or controversy interfering with the operation of the Development as a retail center; (iv) any distilling, refining, smelting, agricultural, animal raising or boarding (other than consunm pet shops), or mininS operation; (v) any sham or long-term residential use; (vi) any primary use as a warehousing, assembling, mannbrctuting, waste processing or other industrial operation; (vii) any motor vehicle, truck, Heiler, recreational vehicle or boat ales, leasing or display; or (viii) any place for public assembly (such as a church, mortuary or meeting hall). 5.3 A d LW- Declarant shall have the right to approval pprx►'nl pinposed g� prior of any proposed use or change in use of any Parcel or portion thereof. Such approval recast be in writing. Declarant may impose conditions on its approval to any proposed use or change in use (including, but not limited to, restricdons related to ptnte dw of the enviv stow). Declaant shall exercise its approval right reasonably. It shall be deemed reasonable for Deckrent to disapprove any use prohibited under Sections 5.I or 5.2, or any use other than retail sales or retail wen ica conaialwt with the Developmaal's status as a first-class retail shopping development. "Retail 6wvk=" means restaurants, financial institutions, teal estate and crock brokerage offices, travel or insurance ttgeacies, medical seal dental offices, and similar uses providing servicsa directly to the public, but "retail services" specifically excluda nonprofit orgaainbon offices, grrverans nt officer, office uses that do neat involve direct service to canistro s, office twos in excess of 5.00a altars feet, and other axes not customarily associated with nr contained in first -Chas retail developments. Without litniting the generality of the foregoing, and by way of example, it shall be reasonable for Declarant to disapprove: (i) flea markets, fire, bankruptcy or liquidation sales, or Was of "second-hand" or "surplus" merchandise; (ii) laundry or dry cleaning plants or WAX[romats; (iii) training or educational facilities (other than on -site employee training by an occupant incidental to the conduct of its business); (iv) movie dears+, bowling alleys, skating rinks, grate parlors, pool or billiard halls, dam halls. video arcades or other entertainment facilities; and (v) automotive or o6w vehicle aavice. car wash, S&K iw sells+, or fire or battery axles or service facilitim. 5.4 Alcohol Sales. Except as otherwise specifically approved in writing by Declarant, in its sole dscratian, no 1'nrcol " be rued for soy bar, tavern, reammat or other business operation whom annual gross revenues from the sale of alcoholic buvemps for on -site and off -site consumption (collectively) exowd 25 permit of ekes grow navenuss of auch business In any calendar year. Any owner of a Parcel on which a business is aperated in which the gross revenues from the axle of alcoholic beverages m atty calendar yew exceeds 20 pwount of the gross revenues of such business will provide to Declarant an annual written ceiti ica6m as to the percentage of the gross revenues from such business dot derive fiom the sale of ak oholic bevmges during the prior Werldar year, will rCapottd to FRW MEYER CC" FORM - 9;97 - iipdoW Twat 9-1 1}rimad low lararary 20, 1999 MIA•121521.1 ~200 L1 mmo able requests for further nafor nabon by Declarant to verify compliance with the restriction on use in this paragraph, and shall take such slept as are necessary to ensure arch compliance. 5.5 Mall ltu&kdons. Without the prior written consent of Declarant (its Declarme's sole discretion), no Parcel other than the Anchor Parcel shall be developed as an open or enclosed shopping mall or odxwwise subdivided, leaved or subleaud by or to more than one retail business at any are tines. 5.6 Enviremns ial Providm for GasoRm Semite Stations. The provisions of this Section 3.6 govern the rights and obligations of a Noo-Anchor Parcel Owner with t to the installation, maintenance and operation of any UST System defined below: (a) De inkiotts. Unless the context otherwise epecifiee or requires, the terms detlned in this Section 5.6 shall have the taeaaings set forth below+: " The Comprehensive Environmental Response, Campensstion and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the ( Federal Water Pollution Control Act, the FAnergency Planning and Community Rigbl-tn-Know Act, and any and all other federal, spun and local taws. MULdes, rules, and regulations applicable to the protection C of hwnan health or the environment, whether in existence on the dare of this Declaration or hereinafter Cenacted. fa defined in Section to below. "Uff*: All Environmental Laws applicable to the installation, licensing, ownersitip, or operation of UST systems in, on or under the pad, as in existence an the date of this Suppletmant or hereaRer enscaad. Tile UST Laws include, but are not limbed to, vAdtle 1 of the Rcraa ume Conservation Recovery Act (42 USC J 6401 st seq.) and any regulations promulgated thnravndw. "UST Svdem": Any oil sump or underground storage tank system for storage of gasoline, petroleum or its firactions, for retail axle, including all ancillary facilities and equipment such as pipes, pumps and vents. (b) Regulation of UST System Operations on the Non -Anchor Parcels. (1) CoJrasttl to ilaslallalion of UST Sgataaa surd Gahaolliae Sales ctivnc+e with ]Laws. Subject to Declarants right to prior approval p wffw nt to Section 5.3 of this Declaration, a Nan -Anchor Parcel Owner may install, maintain and operate a USI' System on the Now - Anchor Parcel, and may engage ui the retail aerate of gasoline, provided that the instalkWon, tmaiateru=e and operation of the UST System is in fail compliance with all UST laws (including, but not limited to, the performance standards for new UST Systems as set forth z 40 CFR 1280.20). Non -Anchor Pared Owner shall also intern Stye 11 vapor recovery system on all Swuiine dispeamrs located an the Noe - Anchor Parcel. Ina illation of the UST System shall be performed by a person at entity tbat is fully licensed and bonded under applicable UST Laves. (2) . Non -Anchor Parrd Owner shall m datain all records required by UST Lws with respect to sky UST SYMM on the Non -Anchor Parcel. Non- FRED MEYER CC" FORM - 9197 - Upd&W Farm E- I Prised ism: Jrewry 20, 1999 1DXIAJ27S21.2 419042W 12 AL Anchor Parcel Owner dull promptly provide Declarant with copies of any and all reports, certifications or documents requited to be submitted to any governmental agency in connection with the installation, operation or maintenance of any UST Systems on the Non -Anchor Parcel. (3) . Prior to the installation or operation of any UST System on the Nan -Anchor Parcel, and at all times that any UST systems racist on the Non -Anchor Parcel, Non -Anchor Parcel Owner dull maintain and provide Declarant proof of Non -Anchor Parcel (Miner's "SnancW responsibility" as provided in ems Section 5.6. It is the purpose of this Section 5.6 to provide Declarant with ressonshie amumces that Non-Anebor Parcel Owner will have the financial ability to rernediate any otioUniaatiao caved by the Non -Anchor Parcel Owner's UST Syrtem ardlor Non -Anchor Pasoel Owner's gasoline sales operations on the Non -Anchor Parcel. Non - Anchor Parcel Owner may satisfy this obligation by compliance with the financial responsibility pruvW m of 4I! CFR ff 28p.70 - 280.74 (the -FI asdl Reaposawihttity RgWadom-). Non -Anchor Farrel Owner shall, however, be obligated to maintain and demonstrate financial responsibility notwith- uanding any waiver, repeal, modification, or invalidity of the Financial Responsibility Regulation,,, and regardless of whether the Fauncial Responsibility Rqulatioets apply to the Non -Anchor Parcel Owner's operations on the Non -Anchor Parcel. If the Financial Responsibility Regulations are waived, repealed, GQ modified, or invalidated, or if they do not apply to the Non -Anchor Panel Owner's operations an the Non -Anchor Parcel, Non -Anchor Parcel Owner shall provide financial assurances for the benefit of C1 Declarant that afford the same level of assurance of Non -Anchor Parcel Owner's financial responsibility as is contemplatedby the Fmociai Responsibility Regulation, as determined by Declarant in Declarant's 4 � reason" judgment. Non -Anchor Parcel Owner sMr<dl provide evkhme of compliance with the foregoing requiremen on a periodic basis a :tegeleated by Declarant, If Non -Anchor Parcel Owner fails to procure or maintain the required ssawaeces of financial responsibility at all times that a UST System exists on CP+ the Non -Anchor Parcel. Declarant may, after notice to Non -Anchor Parcel Owner, purchase liability inauw= (providing coverage for die release ofhanrtlous sdolaneds) with respect to Non -Anchor parcel Owner's UST Systems and operations (m an amount selected by Declarant in Declarant's judgment) on Non-Ancbor Parcel Owner's behalf. Declarant shall be entitled to reirh buisement I mrt Noss -Anchor Parcel Owner for any premiums or cxpm paid by Declarant in connection with such insurance. Declarant shall be under no obligation to purchase such insurance, however. (4) As=. Declaraid may, at any time with rasonable notice to Non - Anchor Parcel Owner, iihkgwA the Non -Anchor Panel Owner's innallation, maintemmee and operttioeti of *ny UST System out the Non -Anchor Parent. Non -Anchor Parcel Owner dhall provide Declarant rtiumabk access to the Nan -Anchor Parcel and to all records relating to the management of any UST Systern(s) on the Nan -Anchor Parcel. Declarant shall not be obligated to conduct arch inspections, and no such mWection by Declarant shall be deemed the barest of any claim of waiver of compliance with any provision of this Supplement or shall create any obligation or duty to Non-Ancbor Panel Owner or any third party. (3) Notice of Xd N . Nee -Anchor Parcel Owner shall immediately notify Declaraut upon boxming aware of any of then following: (a) +any spill, least, &VoW or other release of any Hautdotm Sulw mce on, under or adjacent to the Non -Anchor Parcel or any suspicion or threat of same; (b) any notice or aonw arlucadon from a govetnmeot agency or W other person rotating to any release or suspected release of Havrdm Substances cn, under or adjacent to the Non -Anchor Parcel; or (c) any violation of nay spplicable govir - Lw with respect to the Non -Anchor Parcel or Non -Anchor parcel Owner's activities on or in connection with the Non -Anchor Parcel. FRM MEYER CC&R P4RM - 9177 . Upd&rut Form E-i Primed tut: Janmry 20, 1999 PDXiA-137521.2 49'ee0-2468 13 (6) "e A #QELto JMm. In the event of a spill, leak, disposal or other release or threat of such release of any Hazardouq Substance on, under, to or from the Non - Anchor Parr!]. or the reasortablr.suspicion or threat of saute, Non -Anchor Parcel Owner shall (a) immediately undertake all investigatory, remedial, removal, and other response action necessary or appropriate to ensure that any contanunA,tion b-v the Hazardous Substances is elimiri", and (b) provide Declarant with copies of all correspondence with any governmental agency regarding the release, suyptcron or thmal of release, and in the case of a response action, a detailed report documenting all such response action, and a certifrcalior that any contamination has been eliminated (and if requested by Declarant, a "no further action" or silnilar letter or certification from an applicable governmental authority). All such work shall he performed, and all reports and certifications shall be rt c by. qualified and reputable environmMd ental consultants or engineers reasonably acceptable to Declarant. (7i JZ§RS A se Act.ian to Nonc[tnteiiianee, In the event of an,, violation —, of any applicable Environmental I-Aw with respect to the Non -Anchor Parcel or Non -Anchor Parcel 0wrier's activities on or in connection with the Non -Anchor Parcel, Non -Anchor Parcel C,%,ner shall undertake immediately all actions necessary to return to compliance and shall provide, De-Oarant with a = derailed report documenting the actions taken by Non -Anchor Parcel Owner to return to compliance. C: fBl t=1 e. If Non -Anchor Parcel Owner ceases operation of any U-ST r+ System installed on the Non Anchor Parcel, Nnn-Anchor Parcel Owner shall at its sole cost and expense- v ta) cause the UST System to he decommissioned and the tanks removed, in accordance with all applicable UST Laws: (b) provide to Gccl!arant a report documenting the decomtnisaioning. together with a ti certification fmnt thr, cnnsWurtt or contractor performing the work that the system has been properly and legally decornmimioned, wW that any and all contamination has been eliminated: and (r) if requested b} Declarant. obtain a "era) action" nr s;rmilar closure letter or certification from the applicable gw.ernmental authority, which letter shall not be conditioned nn else restrictions or other institutional controls, All decommissioni;ig work shall be performed by qualified and reputable environmcntal consultants or engineers reasonably acceptable to Declarant. (4} Aglqvnotiv gryice R EMP-M The following additional restrrctirms applti to any automotive service performed by Non -Anchor Parcel Owner on the Non -Anchor Parcel: (1) no alltoinobiles shall be parked outside building(s) constructed on the Lyon -Anchor parcel nscrnight; (71 no autnrnaiive service shall be perforated outside any building; (3) no supplies or parts .hall be stored outside any building. and (4) no automobile sales shall be permitted, (c) Indemnity. Non -Anchor Parcel Owner shall indemnify, defend and hold ltalmlcss Uec larartt, and its officers. directory, employee$, tenants, invilees, successors and assigns (collcrn►elt the' Jnderrutitees^) frvrn and against any and all claims, liabilities, demands. fines, losses. costs and expenses (including attorneys' Fees at trial. all appeal and in connection with any petition for revicw) fcoltectn•ely, "CJRIMS") arising out of, in connection with or in any wav relating to (a) the breach of an} covenant of Non -Anchor Parcel Owner contained in this Section 5.6: or (b) the use. trratrrtent• storage- generxtinn, n'tanuficture, transport, nriease, spill, disposal or any other presence or alleged presence of Hazardous Substances on or under the Non -Anchor Parcel. "Ciaim,4" shall include u ithout limitation (a) the cost of any' Hazardous Substances investigation. removal. remedial or other rrslx)11 c action required by any FJrrimnmental Law. required by judicial order or by- order or agreement urth any governmental autherity. (b) claims For injury or death of any person, including an indemnitee. Fitt;t) NIEVER eC(KR FoitAt • 9 97 Urd,ud Vorm F I t'ruHCtl 40 A.M.An za. t909 PD%'tA 1275:1 3a9p4'atbih 14 and (c) claims for damage to the property of an lndemnitee or any other person, including claims for diminution in value or loss of use. 5.7 Additions! Restrictions. [THIS SECTION HAS BEEN fNTF,NTIONALLY DELETED.1 G. Acreptance of Restrictions. Any lease or occupancy agreement subsequently entered into w ith mT-.ect to a Parcel will require that the tenant's use (and any c'Sanges to the original use by the tenant) trust comply with applicable laws and recorded casements and restrictions affecting the property (including this declaration). In acquiring a Parcel, an Owner (and its Prime Usssee, if any) shall automatically be deemed to acknowledge that the restrictions set forth in this Declaration are an essential part of the particular transaction covering Owner's Parcel and, further. that the restrictions set forth in this Declaration are fair anti reawnable to assure all Owners and Prime Lessees of Parcels of their .� expected benefits and the orderly and beneficial development of the. Development and the Parcels. but `- not to control competition (recognizing that the relevant competitive market consists not of the Development but of the broader commercial retail market in the greater metropolitan area in King County, Washington)- v v. 7. Maintenance of Parcels. '4w 7.1 Gerwrally; Comma Area Maintenance. Fach Owwr shall maintain or cause .r.�.' to be maintained at all limey the Owner's Parcer (including, without limitation, the general cleanliness, *t• operation, replacement, enhancement and preservation of such Parcel) in accordance with a standard of operation as first-class facilities maintained in accordance with recognized industry standards for leading retail developments in the geographic area in which the Development is situated. The obligation of each O%kner to maintain its respective Parcel shalt include the Common Arew located nn the Owner's Panel. including, but not limited to: (a) maintaining, repairing and resurfacing. when necessary, all paved surfaces in a lever, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all re_4pects he equal or superior in quality, use and durability, and rest riping. when necessary. such paved .surfaces: (b) removing all snow-, papers. debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (c) maintaining, repairing and replacing. when necessary, all traffic directional signs, markers and lines: (di vpemling. maintaining. repairing and replacing. when necessary. such artificial lighting facilities as shall be reasonably required: and le) maintaining all landscaped areas (including. without limitation, those on the perimeter of the Parcel), and maintaining, repairing and replacing. when necessary. automatic sprinkler systems and water lines, and replacing shrubs and other landscaping as nccessar% 7.2 Maintenance Prior to Development. "[iris Section 7 will not be construed as requiring Owner to develop the Parcel. Prior to such development. Owner will mainUun the Parcel free of rubbish and debris and in a sightly. condition. If a Non -Anchor Parcel remains undeveloped for more than 12 months after substantial completion of a Major Anchor Store on the Anchor Parcel, such undeveloped Parcel will be covered: (i) by grass sod (with adequate irrigation) or (ii) by a one -inch asphalt dust cap. The coat of all such sodding and paving shall be borne at the sole expense of the Owner upon whose Parcel it is located. All such sodding and paving shall be kept weed free and clean at the Owner's sole expense until such time as buildings are constructed thereon. An undeveloped Parcel will I -RE D MF*YU C•"dR FORK] - 9 97 Lp3aud Farm E I Pfinled trot Januan 20. 19W P nt 1 A t .73:t 2 44900 2046 15 not be surrounded by a fence, and Owner will obtain Declarant's reasonable approval of the sine and qualtly of sigr.(s) an a Parcel advertising the avaiiability of the Parcel for sale. lease or development. 7.3 Maintenance of Exterior. Each Owner shall maintain (or cause to be maintained) the exterior of any building located on such Owner's Parcel in a quality and condition comparable to that of first class retail developments of comparable size and nature located in the same gcogrophic area as the Development. All service facilities shall be attractively screened from view from the parking areas. 7.4 Parking Lot Lighting. Fach Owner shall operate or cause to be operated the parking lot lights in the Common Areas on its parcel at full intensity at least until 1 1:00 p.m. each e%ening (or such other hour as Declarant may designate), Each Owner shall maintain the parking lot lights at 25 percent intensity (or such other reasonable security level as may be designated by Declarant) during all other hours of darkness. y 8. Utility Easements. 8.1 Grant of Utility FAsements. Subject to the terms and conditions in :his Declaration, each Owner shall have a nonexclusive casement and right to operate. maintain. replace. repair, remoyc, impmve, enlarge, reconstruct and, subject to the conditions of this Declaration. relocate any' and aff utility lints serving such Ow-ner's Parcel currently existing over. under or across the Utility .� Eiasement Area on each other Owner's Parcel. Subject to the restrictions in this Declaration, each Owner i shall hive the nonexclusive right to +nstall. operate, maintain, improve, repair. replace. relocate. remove •+► and reconstruct Utilily Lines over. under or across the Utility Easement Arcs, provided that any such actions do not unreasonably interfere with or impair (i) the rights of Permitted Persons to use the Common Area for the purposes set fnrth herein, or (ii) the opera ion by Permitted Persons of htrvineaxes at the Development. The "Utility Lines" mean any power line, water line. sewer line. gas lint. communication fine or other utility line. service or facility serving the Owner's Parcel exclusively or in cornmon with the other Owner's Parcel affected thereby. 8.2 Terrm of Utility Easements. Subject to the provisions of this Section 8.2. the CMner, shall have the right to instal] new Utility Lines through the Common Area. All Uti[ity Lines shall be underground unless required to br. above ground by applicable law or the utility providing such scnvice. The location of new or relocated Lrlility Lines and the foregoing work shall be subject to the prior u ritten consent of the Owner over. uri&,, or across whose property the Utility Lines are proposed to be Imated Such consent shall not be unreasonably withheld or delayed. The Owner whose consent is sought ina} condition its consent on the Utility [.fines not being located %here the Owner intends to ronytruo a build -mg or other facility whose utility- use. construction or installation may hd unreasonably interfered uilh by the prcaence of such Utility Lines unless the (honer proposing to locate such Utilily Lrues agrees to relocate the same to annther location on the Utility Easement Area at its expense in the etent etch building or facility is actually constructed or .such use is proposed to be commenced. Subject to the preceding sentence. if such Owner subsequently constructs a building over a Utility Line previously installed with that O%kner's consent, such Owner shalt relocate the line al its expense and in such a manner as to keep to an absolute minimum the disruption in utility services. When a Utility Line is installed on another Owner's Parcel the Ov.ner who installs the lint shall give the other Owner a legal description of the location of the Urility [one and a legal description of the easement area For such Utility line_ At its own cost and expense. each Owner (a) shall maintain and repair the Utility Lines installed NZ VA) MrYPR CC&P FORM 9 47, Updated ksem GI Printed hw 1l111114n «G. 1999 PlAiA IZ-321 2 00001043 16 CZ C r7 by such Owner (or the Owner's predecessors in title); and ib1 shall repair any damage to Iandscaping, pavement. buildings and all other improvements on the Development resulting from any work in connection with such Utility Lines or from she operation of such Utility Lines. 8.3 Storrn Drtaivage. Each Owner shall have the perpetual right and easement to discharge surface storm drainage andlnr runoff from the owner's Parcel over, upon and across the Cornmon Areas of The other Parcels in the Development, upon the following terms and conditions; (a) The Common Arta grades and the surface water drainage/ retention system for the Development and each Parcel shall be initially constructed in strict conformance with the plans and details approved by Declarant; and (b1 No Owner shall alter or permit to be altered the surface of the Common Area or the drainagelretention system constructed on its parcel if such alteration would materially increase the flow of surface water onto an adjacent Parcel either in the aggregate or by dinxting the flow of surface wafer to a limited area. Alteration of Common Armes, Building Areas and Building Envelope+. 9.1 1n General. (a) Modification by Declarant. Declarant shall httvc the right at any time and from time to time to alter. rearrange. reduce. or relocate, at Declarant's cost, the Common Areas and the Common Area improvements in the [development. or to modify (he Building Envelopes. Sign Areas or Building Areas on any Parcel: provided. however, that no such action shall. without the consent of ;ell rnatcriall) affected Owner's), materially diminish the easements and rights granted. or materially adversely affect the purposes stated, under Sections 3 or 8 of this Declaration. Declarant shall not rnodify any buildings or related improvements constructed by an Owner in any material respect, modify the Building Envelope or the previously approved Building Area or Sign Arm on an Owner's Parcel in any material respect. or reduce the parking spaces provided on an Owner's Parcel (unless equivalent replacement parking is provided), without the consent of the affected Owner. M Modification by Ow wr. With respect to the portion of the Common Area lying kithin an Owner's Parcel. that Owner shall have the right to alter, rearrange. reduce or rciocate. at such Owner's cost. that portion of the Common Area and Common Area improvements, so long as 6) doing so does not materially diminish the rights granted or materially adversely affect the purposes stated under Sections 3 and 8. and (0 the {Owner obtains Declarant's prior written approval of such change. 9.2 Required by Governittental Authority. If any govemmentai authority require& any change in the Common Area. the Owners of the portions of the Common Area affected shall retake every reasonable effort to mirdniize the nep6ve impact of such changes on the rights and purposes <et forth in Sections 3 and 8, In particular, if any governmental authority. ky condemnation or otherwise, eliminates or reduces any access between public streets and the. Development, the Owner of the affected property shall make every reasonable effort to obtain alternative access on such Owners property. 1 Rr'.t] h1F 4'PR �C&R FQR�t 9.'97 Upda[af corm E 1 Printed last Joruar► 20. 1999 Pnx 1 A 1:75.1 17 9.3 Relocated Conwr im Area. All of the rights and obligations set forth herein shall he fully applicable to any altered, rearranged or relocated Compton Area, which shall then be deemed to be the Common Area. 10. Haurdaus Materials. Each Owner shall maintain its property and conform its activities and the activities of its Permitted Persona on that Owner's property in compliance with all applicable roquiremcnts under applicable Environmental 1,aws (as defined below) with respect tv the clean-up or remediation of Hazardous Substances (as defined below), the protection of the environment, the control of hazardous wastes, and the use, generation, transport, storage. removal and treattmut of Hazardous Substancen, and in a rrtanner that reasonably minimizes the risk of liability, or damage to human health or the environment, from the release of Hazardous Substances. Any Owner or occupant who shall violate (or whose tenant, licensee. or subtenant shall violate) this restriction regarding Harardow; Substances shall he liable to all other Owners for all damages resulting to such Owners from Oft such violation and shall promptly undertake and complete all required cleanup and renrdiation. ter As used in this Declaration, the term "Harardouts Substances" shall mean any �l materials which because of their quantity. concentration or physical, chemical or infectious characteristics may cause or pose a present or potential hazard to iniman health or the erivironrnent when improperly C handled, treated, stored, transported, disposed of or otherwise managed under applicable laws and regulations pmwntly in effect. The term shall include. but is not limited to, petroleum, gasoline and all petroleum hydrocarbons, all hazardous substances. hazardous materials and hazardous wastes listed by ^�+ the U.S. Fnvironmenul Protection Agency and the state in which the Development is located under the yr Comprehensive Environmental Response. Compensation and Liability Act tCURCLA't. the Resource C'onsemation and Recovery Act (RCRA). the Toxic Substances Conte-1 Act (TSCA), the Federal Water Pollution Control Act (FWPC'A), the Emergency Planning and Community Right-lo-Know Act (EKKA) and an% and all other federal and slate statutes applicable to the protection of human health or the environment (the "Environmental Laws"). 11. Condcmnatiori. 'this Section I I shall apply in the cast of a condemnation, or a sale in lieu of condctrtttation, or an imeru condemnation having the same effect. concerning a portion or all of the Development. The award or purchase price paid for the taking shall he paid to the Owner of the property bo taken. The other Owners who may have an easement. or may have other property interest or rights under this Declaration, in the land so taken do hereby for by accepting the property covered by this Declaration shall be deemed to) release or waive those intere-sts and rights with respect to such RWard or purchase price. Such other (Nvners shall. however, have the right to seek an award or compensation for the loss of their easement right and other interests and rights, but only to the extent such award or compensation paid or allocated for such low does not reduce the amount paid to the Owner of the property taken. If anv access road to the Development is taken, the Owner of the property on which the access road was located shall use such t% ner's best efforts to provide promptly a substitute access road to the Development on ouch Ow-nrr's Parcel 12. Imurance. Throughout the term of this Declaration, each Owner shall iaintain. with respect to the Fammeni Areas and Common Area within that Owner's Parcel, a policy or policies of public liability insura,'ice with a combined single limit of liability of not less than (a) S2.000,000 for bodily- or personal injury or death and for property damage arising out of any one occurrence, nor less than tb) the amount of insurance normally maintained by owners of similar properties, as reasonably determined from time to lime by Declarant and communicated in writing to the other owners. The FRED AIEYFR CC&R Enlist 9 97 Updated Fo m F. I t'rmie6 Seat Jan„ar} :0, 1999 €LAIA 1:75:i . 49900.2o46 Is Owners will provide to rkclarant from time to there, as Declarant may require, certificates of insurance showing that such policies of insurance_ (i) name all other Owners as additional insureds; (ii) are is5tted for periods of not less than one year; and (iii) are issued by insurance companies qualified to do business in the State in which the Development is situated and (except as otherwise approved from time to time by Declarant in writing) having a general policyholder's rating of not leas than A- and a financial rating of not legs than Class X as rated in the most current available "Best's" Insurance Reports. The insurance required of an Owner may be carried by the Owner or a Prime Lessee under a plan of self insurance. provided that such Owner or Prime Lessee ha,; and maintains a net worth of the higher of 11) S25.000.000 or (2) 12 times the required minimum single limit of insurance coverage required under this Section. If any Owner or any Owner's Permitted Person places any underground storage tank under the Owner's Parcel, the Owner, upon written request from any other Owner, shall provide proof that the Owner or Permitted Person has complied with all laws, regulations and ordinances concerning such tanks. including Or r of inntrxnce and nther firorricial r-pansihiiity that is %o required. 13. Common Access Maintenance. The Declarant shall maintain and repair the major driving lane and access ways on the Major Anchor Parcel as identified art the artwhcd exhibit 2 as part of I)eclarant's obligation to maintain the Cottunon Areas on such Parcel. As maintenance of the driving lane and access ways will be of benefit to all Owners. each Owner agrees to pay to Declarant an annual drive lane maintenance fee ("Drive Lane Maintenance Fee") in the amount of FIVE CENTS (S0.05) par square foot in such Owner's Parcel. Such fee shall be due and payable at Declarant's notice address on lanuary 31 of each calendar year. Such fee shall be adjusted every five years in proportion to the increase, if any. in the CPI (as defined below) from the later of the date hereof or the most recent adjustment. For the purposes hereof. "CPI" shall mean the Consumer Price Index. t).S. City Average. • for all urban consumers (1982-84 = 100). for All Items, as published monthly by the Bureau of Labor Statistics, U.S.D.I.- or, in the event that such index is no longer available. such successor or other index as is most equivalent the-reto as the Declarant may Select by written notice to all Owners. 14, Defaults. 14.1 Defaults. A person shall be deemed to be default of this Declaration upon the expiration of 30 days (10 days in the case of failure to pay money) from receipt of written notict from an) Declarant, any Owner or Prime Lessee specifying the particulars in which such person has Failed t- perform such person's obligations under (his Declaration unless such person haq. prior to the expiration of the cure period, cured the matters specified in the notice of default. However. such person shall not Fie deemed to be in default if such failure (except a failure to pay money) cannot reasonably be cured m itfirn the thirty clay cure period. and such person is using good faith, diligent efforts to cure the matters -.gwified in the notice of default. 14.2 Injunctive Relief. In the event of a violation or threatened violation by any person of the restrictions contained in this Declaration, Declarant andlor any or RII of the Owners or Prime Lessseeq shall. in addition to any other remedy available at law- or in equity, have the right to eniom such violation or threatened violation in a court of competent jurisdiction. it being acknowledged that monetary damages mill be an insufficient remedy for such a violation. FRLO AICI U ("C&R FORM - 997 (;plated Form E t Printed Imo hmllr) 20. 1999 PDNtA 127521 2 49" .1045 19 AL 14.3 Deds rash's RigM of Sell Hdp. (a) Whenever in Owner is in default under Section 14.1. and without limiting any other righb mat Declarant or any other Owner nosy have in the event of such s default, at law or in equity. Declarant sholl have the tight (but not the obligam) to perform the obligation of the Owner giving rise to such default, provided that Declarant first giver the defaulting Owner at least 10 days notice of Declarant's intention to perform the obligation, and provided that the Owner has not cured the default prior to expiration of aucb IG-dry period. Declarant shall be entitled to reimbursement from the defaulting Owner for reasonable coo incurred in performing or contracting for performance of such obligations (plus, as to soy default consisting of a failure to maintain Common Areas on an Owner's parcel, an administrative fee of 20 percent of such costa). Reimbursement oaring but not promptly made shs11 bear interest at the kaser of (1) the highest rota permitted by law or (2) the "prime" or "reference" rate of intetsat as publicly announced from time to time by U.S. National Bunk of Oregon or its successor (or if such designated bath's prime or raeference rate of interest is no longer publicly available. than the prime or ref ante rate of irtte m of such other nsioud or national bank as Declarant may select by written notice to all Owner), plum 4 percent per annum, from the date of billing until reimbursement is made. (b) Declarant shall have a lien on the Parcel of an Owner that fails to reimburse the Declarant as required by paragraph 14.3(a); 2WWed, however, if a bona fide dispute exists as to the existents of sucb default or the amount due, and all undisputed amounts are paid, there shall be no right to place s lien cc such ma's Parcel until such dislmse is nettled by final court decree or muhmd agreement. Such lien shill only be effective when filed for record by the Declarant as a claim of lien against the defaulting Owner in the office of the recorder of the county in which the Development is located, signed and acknowledged, which shall eontsin at least: (1) an itemized statement of all ammmts due and payable pursusat thereto; (2) a description sufficient for identification of that portion of the real property of the &Wting Owner which is the subject of that lien; (3) the name of rite Owner or reputed Owner of the property which is the subject of the lien; and (4) the name and address of the Declarant. 'fee lien, when so established agunat the rail property dereribed is the Ilia, skit be prior and superior to auy right, title, iniciu, lien or claim which may be or has been arquind or attached to such real property after the time of filing the lien. The lien shall be for the use and benefit of the Declarant and may be enforced and foreclosed in a snit or action brought in any court of competent jurisdiction. 14.4 Ef a of Detwilt or Non -Use. No Owner or nay other person dWI be entitled to cancel. rescind, or otherwise terminate this Declaration an secouunl of any default hereunder, but this shall not limit any Owner's rights and remedies granted hereunder on account of such default. Abandonment or non-use (after receipt of a certificate of occupancy) of easement rights hereunder or of the property by an owner will not reduce or affect an Owner's obligation to pay its share of c4ms for requited access way maintusom under Section 13 of fhb DeckrW*a, or to perform or comply with the terms of this Declaration. 13. Tara. 'Brits Declaration shall be perpetual (except as provided below) and shall run with the land and shall be binding oat and shall inure to the benefit of the parties hereto, their heirs, successors or uWps. By unanium a consent, all Owaera may agree to terminate this Declaration, in which case they shall cause to be recorded su inrtrnnnrlent ae:7lnowledging such tom. FRW MEYER CC." FORM - 9W - tJpd W Form &I Nawd ": January 20, 1999 PDSIA-IVS21.2 49lOGMO 20 16. GlnMIl Pt wslorts. 14.11 %ben o6'i'W4 Ftroperty Taws. 'this Declaration is granted subject to all prior eaftax Ms sad awn6ranim of record. Each Owner warrants that it will defend the title sad the other Owners' interests raider this Declaration against my mortgage, tax lien or construction or other lien claim- (i) which affects the Development or Parcel, (ii) which asserts priority over the interest of the other Owner(s) in enforcing this Declaration or which affects any other Owoar(s) rights under this Declaration, and (iii) wbich is attributable to the party itself or its tenants, agents, contractors or subcontractors. This Declaration will not be subordinsted or rendered inferior to any future financing by any Owner. Each Owner shall psy before delinquent all property taxes and assessments assessed on such Owner's Parcel and the improvements constructed timma. 16,2 Protedlort of RhOft of Matte. No breach of the provisions in this Declination shall defeat or trader invalid the liar of any mot4pgWs) or do**) of trust now or hereunder executed which affects an Owner's iutterats pursuant to this Declaration; provided, however, that upon any sale under foreclosure of any modpge(s) or under the provisions of any dm*s) of trust, any purchaser at such sale, said its successom and assigns, shall hold any sad all property interest so purchased subject to all of the provisions of this Declaration. 16.3 Wafrer. No provision of this Declaration shall be doeaued to have been waived unless such waiver ism writing signed by the waiving party. Failure at any time to require performance of arty provision of this Deelaratioa shall not limit in Owner's rift to enforce the provision_ Any waiver of any breach of say provision shall not be a waiver of any succeeding breach or a waiver of any provision of this Declaration. 16.4 Ad n W" Fem. In the event suit or action is instituted to interpret or enforce the terms of this Deciarition, the prevailing party shall be entitled to recover from the other party such sum as the covet may adjudge reasonable so cods of litigation (including discovery costs), and as attorneys' fees in proparstion for a w at trial, on appeal of such suit or action and on arty petition for review. in addition to all other sums provided by law. 16.3 Ltdtsnrtlly. each Owner and Prime neaten shall defend, indon ify and bola the other Owners red Prime Lessees harmless from soy claim, lam, liability or expense (including discovery costs and other litigation costs, and reasonable attorneys' fees) that: (a) arises out of or in connection with the failure to perform or comply with the terms, restrictions and provisions of this Declaration by the indemnifying Owner or Prime Lessee; or (b) arises out of or in connection with the intentional acts or gross negligence of the indemnifying Owner or Prime I.essm or the employees, representatives, agents said iodepemdent contracim of the indemnifying Owner or Prime Lessee, or any occurrmce on or in the mdws ifying Owner's or Prince Lessee's Building Aral; or (e) arias or remAts from the pets ormance of any couswctlon activities performed or uard►otirdd by ouch hweranifyittf Owner or Prime Lessee; provided that than obligation to defead, indemnify and hold harmless for matters described in elauaar (b) sod (e) doll in tyre event of canetarent negligence or misoaoduct esclarle claims to the extent that they an caused by the negligence or intsational misconduct of the indemnified person, or its agents, contractors or empioyeas (while acting in such cgmcity). 16.6 FAIre Airetttrtent. Tout Decluation supersedes and replicas all written and oral its previously trade or etnsting with respect to the i - w -1 ant forth above. FRED MEYM CC" FORM . 9197 • updated form &i Primed tart. larwry Zo. 1999 raXrw-IZ7321.2 49l042M 21 'A. 16.7 Goveroil" lAw. This Declaration will be goveroW and construed in accordance with the laws of the State in which the Development is situated. 16.11 SbAus Crartifittate, Edonnadon. Within 24 days after receipt of a written regpest, on Owner or Prince Leaee shall promptly deliver a written stork eertificift to the Owner or Prime Lrasee requesting the some, stating (i) the currant status of any work being performed or casts previously incurred which may be subject to reimbursement under the Declaration. (ti) whether this Declaration is unmodified and in full force sod effect, sad (iii) whether (to the best of the party'■ knowledge) the odmw Owner(s) or Prime Leasa(a) are in compliance with their respective obligations hereunder, and any odwr matters than may be rm nobly requested. Any request for reimbursement of casts for which reimbursement is provided herein must be made within six months after the end of the c4lendar year in which the coats are mcwnd and will be accompanied with such infarmadoo on the work pedarrned and costa irtcurred am Owner or Prince Lame tray reawbly require to verify dw request. ,..� The ply reqnsting reimbunammi will prosy respond to roguests far additional iaformshoo about such work and costs. 16.9 Ndiiaes. Na4ces given under this Declaration shall be in writing and delivered by certified or rogistes W U.S. mail, postage paid with [churn receipt requcdM; by United States express mail or other established exprew delivery service (such a Federal Express). postage or delivery clwge prepaid; by facsimile or other telecommunication device capable of transmitting or creating a written record; or personally. Each Owner shall give notice to each other Owner of i'e addrea for notice by written notice to the other Owners. Unless a party "paw mother aldreas for notice by notice given T.' pursuant to Ohio Section, notices to Declarant ,hand be sent to the following address: To Declarant: ROUNDUP CO. c/o 117! W MEYER ff")I EB,1K. PO Box 42121 PwtlmW, Gregor 97242-0121 (Street Address: 36W SE 22nd Avenue, Portland, Oregon 97202) Attn: Senior V.P./MO/CDO Facsimile No.: (303) 797-3339 with a copy to: FRED MEYER, INC. PO Box 42121 Portland, Oregon 97242-0121 (Street Address: 3500 SE 22nd Avenue, Portland, Oregon 972W) Attu: Corporate Real Estate Attorney/MOML,D Facsimile No.: (303) 797-5623 In the absence of such notice of sn owner's address for notice purposes, toy notice wider this Deckmijon tiny be Siva to the mW mes to which property tax oatemmis are: delivered by the uxigg mdority. FVr the Furp sins of d ds Dechustiod, the moan "m ' * ahaEl now dw Ounce[ of any of the following: (j) the date of delivery of the notice or other document to the acidness specified pursuant to this Section as shown on the return receipt or by the records of the carrier, (ii) the date of actual receipt of the notice or other docunrmt by the office of the parson or entity specified pursuant to this Section. or (ill) in do we of nfttsal to ac:cgA delivery or inability to deliver the notice or other document, the artier of (A) the date of the mempted delivery or refusal to accept delivery, (B) the doe FRED MEYER CC&R FORM - 9197 - Updrtsd Form &I Primed lam: )anwry 20, 1 M FOXIA•127S21.2 6"M2046 22 Of the postaaut as the fehmrn rweipt, or (C) the dace of receipt of notice of refusal or notice of nondelivery by the sending party. 16.16 Amem n enie. Except as otbawise set forth knin, this Declaration may not be modified, amended or termiasted except by the written spemneut of all Owners (except that Declarsnt's rights may be mud will he transferable as described in the definition of 'Declarant"); however. that (i) Declarant may amend this Declaration to add lord to the Development of make raasamnmble modifications to the boundary lines of the Paresis within the Development without the consent of any other Owners other than the Owner of the Purcel(s) whose boundary lines are being adjusted, and (d) Ikchvant may -mead this Declaration at any time to release IWd outside the Anchor Parcel (as it may exist from time to time) from the Development so long as the land to be released does not have on it any accenways or Utility Lines needed by the remainder of the Development (or if there atr secesmys or Utility lines on the land to be released, Declarant shall have obtained and recorded an easement instrument for purposes of continuing the easements centainrA in Wa Declaration notwithwnding the rcJeaw of time land from this Declaration). An Owner may waive one or more of its rights under this Deckration in writing signed by the party, and such writing need not be recorded. Other than as referenced in the foregoing, no modification or amendment of any provision of this Declsratim dWI be binding unless in a written instrument duly signed and notarized by the Ownem (or Prime L asees) of all Puoels within the Development- Any such modification or amendmnent shall be C) effective when recorded in the real pro" records of the County in which the property is situsted. W 16.11 Rimed of Dorbratlas. Nothing in this Declaration, express or implied, shall � conkr upon any person, other than the Owners and Prime Lrra.ees, any right or remedies under or by room of this Declaration. 'The rights and remedies of tenants and ether persons are limited to those Q C canumed in the lease agreements or other agreements the patties may have with such tennis or other pcw0 and to those rigs snd mmodia odrerwhe explicitly conferred by such paties on such persons. Nothing in this Declaration shall prevent any Owner or Prime Lessm from imposing on such owner's or Prime Lessee's awn tenants or other permxw being grmokd rights of use, either expressly or by implication, by the Owner or Prime Lam, such rules, repiatio n and restrictions as the Owner or Prime Lessee may determine to be necommy or appropriate. Each right granted pursuant to this Declaration is expressly for the benefit of time property described on the attached Exhibit@. 16. U 5matx+rst n mend Astt4m, Every obligation under this Declaration shalt run with the land and shall be binding upon the Owaets and upon the hears, personal representatives, successors and assigns of each of the foregoing, as owners or Prime Lessee of the Parcels and any subdivision thmmf Any rehereoee to Declarant or to m Owm a or Primae Lessee shall apply only so long as the party owns or is a Prime Lessee with respect to a property within the Development (unlees the context clearly reCJum otherwise. and owept as otherwise provided in the definition of -Declarant~ with reaped to transfer Of DOCkm a rW*), sad the mfkr such reference aball be intended to apply to such puty's successor or assign. Any ftimferee of any Owner's Pafcel shall automatically be tbemned, by acceptance of title to such property, to have assumed all of the obligations see fords in this Declaration relsuiq to such property. IU Ownm or Prime Lawns shall, whim such ttsufar is coorsu mated, be relieved of all liability that arises dwreaitar under this Decimation, but auch Owner or Prima Ussm shall no thereby be relieved of liability that afore before such time sad which maWo tmutissfreci. An Owner or Prime Lessee her the right to sasign to any tenant(s) of the tamer or Prime Luseee its rights and obligdians unider this Declaration throughout the tam of the leases) to such lepant(a) of for a s hmW FRO MEYER CC*R FORM - 9,97 - tlpdwd Form E-1 PrWW iur: lagwry 20.1999 FWA•1775N.2 490UO-2046 23 C� C17 RT C Iis-ac as the Owner or Prime L.e49ee may agree, but this shall not release the Owner or Prince Leasft from its obligations or liabilities under this Declaration. 16.13 Effect of Invalidation. If any provision of this Declaration is held to be invalid or unenforceable for any rrason, such provision shall be ineffective to the extent of such invalidity or unenforeeability, but the validity of the remaining provisions of this Declaration shall not be affected thereby. Furthermore, in lieu of each such invalid or unenforceable provision, there shall be added automatically as a part of this Declaration a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and onforceable- 16.14 Not a Public De&cation. Nothing contained in this Agreement shall he deemed to be a gift or dedication of any portion of the Development to the general public or for the general public or for any public purpovL whaiwwver, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. 16.15 No PortKTship; Disclahner. No provision of this Declaration or previous (or subsequent) conduct or activities of the parties and/or present or subsequent Owners) will be construed: (r) as making the parties and1or present or subsequent Ownerfs) a partner. joint venturer, agent or princi- pal of or a ith each other, (ib as creating any express or implied obligation for Deciarnrit to constniet a retail building or other improcerrrents on its Parcel(s) or to develop or operate the. Development or the Anchor Parcel as a Fred Meyer retail development or otherwise, or (iii) w making Declarant arid/or present or subsequent Owners) responsible for payment or reimbursement of any costs incurred by each other. whether or not such development ,ccurs (except as may be expressly set forth herein or as etpressh set forth in the purchase.. and sale agreement, development agreement or other written agree- mcn!s executed b% the parties). Whether and how Deciarani may develop or operate the Development and the Parvells) o-Aned and/or leased by Declarant are at Declarant'. discretion. No person will have am claim against (or right to recover any damages or costs from) f?cclarant in the event Declarant does not develop or operate the Development and the Parcel(s) owned and/or leased by Declarant. 16,16 Exercise of Apprxival Eights; Lindlation of CW m. l[kclarant shall exercise its approval rights under this Declaration in good faith based on its respective business judgment and a: trial knovxledge. rind any exercise of such rights in good faith shall be binding. By execution of this Agrecmcnt or acceptance of its deed to a Parcel (as applicable), each Owner expressly agrees that Ikk larant A,tV not he liable in damages for any denial or withholding by Declarant of consent or approval under this Declaration, and that the sole remedy of the party requesting such consent or approval shall be specifir performance or other injunctive relief. 16.17 Prime Lessor and Sale and Sale -Leaseback Purchaser. Notwithstanding anything to the contrary contained in this Declaration, it is expressly agreed that in the event of a Prime Beak on a Parcel, the parties and their successors and assigns m Ommers or Prime Lessees of the Parcels %limit. for the duration of the Prime Lease, loot; solely to the Prime lessee for (and the Prime US" shall be liable therefor) the performance of any obligations that either the Prime Ixssee or the Prime I.&wr shall have under this Declaration, and the Pnme Lessor shall not be liable for any breach, non- compliance or failure to perform and obligation hereunder by the Prime IRssee or with respect to its Parcel By entering into a Prime [..rase. Prime Lessee shall conclusively be deemed to have agreed to lk subject to all terms and provisions of this Declaration. including the provisions of this Section, and no consent or other acknowledgment shall be required of the Prime Lessee. tr� FRED NIFYER r-e&Ck FORM 0 V t pdjited Fern E 1 Prtpted tsar irnwin Z0. 1999 P171 I A 1:75.1 : tgVi}t? N46 24 rq 16.18 'Third Fwly 11emTkiary Rights. This Declaration is not intended to create. nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not an Owner of a Parcel, unless otherwise expressly provided herein. 16.19 Force Majem. The period of tithe provided in this Declaration for the perfonnwwr of any act shall be extended for a period or periods of time equal to any period or periods of delay caused by strikes. lockouts, fire or other casualty. the elernents or acts of God, refusal or failure of gmernrtental authorities to grant neceawry permits and approvals for the act (the parties agreeing to use reasonable diligence to procure the same). or other causes. other than financial, beyond their reasonable control. 16.20 Interpretatiatt; {other Provi5 m. The section headings and table of contents ;n this Dcclaration air for essc of reference only arwf shall not he, deemed to define or limit the .%cope or content of any of the terms, covenants, conditions, or agreements in this Declaration. in construing the provisions of this feclaratimi and whenctet the context so requires, the use of a gender shall include all other gendem. the mw of the singular shall include the plural. and the use of the plural shall include the singular. IN' WITNESS WHEREOF•, the undersigned has caused this instrument to be duty executed as of the day aid year first written above. Dcc larutnt: STATE 01 OREGON I SS Count% of MultnonlAh t The foregoing instrument was acknowledged before me this 30441 day of MiW-Ji I j j h} 50 t) _ (A- 1 �j( the r ROUNDUP CO., a Washington corporation. on Wulf of th r4orporation. IN WITNL&S WHERLOF, 1 hate hereunto set m}- hand and affixed my official scat the day and tear first arms written. RUSANNA 5C4bTZEFl No Public for Oregon WH f A P V 0101 IC 00F (WN � hid- commission explre,S: (kih-4L GC?AAM-SS w)N i .I'Pi IF ; JR J� IV l) %flArk CCSR FOkM 4 9" UrdileJ F-wm E 1 1'ri n[es! IAit lanuart a0. 1999 MVA'_''S21'' 4000W'O" i5 EXHIBIT I -A Deal Description of Non-Andwr Parcels Parcels B. C, D. E, F am] G of Ci(N tit Renton Boundary Lum: Adju.Htnenl IXA 99-017-LLA as reonded under Auditor's Ftic No. yjyo�e�.----. Records of King COUI t}- 1kashirtemn. i ki DM ilk t'f'&R f ORNt 4 V- t {Mated i otvi i- I j�rrnrc<!Jt-r tita-,rr +{, ;wv EXHIBIT I - Deal Descriporl of Anclim Parcel Parcel A of [-fls of Denton PourkW5 Line Adjusunent LCA-99-017-i_LA as FCCOrded wafer Auddor*s File No. _ _ggp YOB qea t �— Reconl,, of King Comm, , k'aOingtom. fkf1)%fl11kr(&KFOR *%! 49- IlxGurdf01WI 1 j'r;nit.l iAl l Nf Ar h IS. NVO STATE OF OHIO) ss. COUNTY OF HAMILTON) On this .,Z I day of February, 2006 before me, the undersigned, a Notary Public in and for the State of Ohio, duly commissioned and sworn, personally appeared Scott M. Henderson, to me known to be the Vice President and Treasurer of Fred Meyer Stores, Inc., the corporation that executed the 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 s/he is duly elected, qualified and acting as said officer of the corporation and is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. JENNIFER K. GOTHARO Afters" at Law Way Public, state of OW My CawdWCts ! W No f:qla' m W& S&Won 147.03 O.A.C. STATE OF OHIO) ss. COUNTY OF HAMILTON) K. Notary Public in and for the State of , Residing at My appointment expires On this W-aday of February, 2006 before me, the undersigned, a Notary Public in and for the State of Ohio, duly commissioned and sworn, personally appeared Paul W. Heldman, to me known to be the Vice President of Fred Meyer Stores, Inc., the corporation that executed the 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 s/he is duly elected, qualified and acting as said officer of the corporation and is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. JENNIFER K. GOTHARO Art" �ay),LEE t4owy V . state at n w 147.03 {?.H.C. Notary Pyjblic in and for the State of Residing at My appointment expires BARGAIN AND SALE DEED AFTER RECORDING MAIL TO: Name: Cascades KR, LLC Address: 425 Walnut Street City, State, Zip: Cincinnati, Ohio 45202 THE GRANTOR Fred Meyer Stores, Inc., an Ohio corporation, for and in consideration of One Million Four Hundred Fifty Thousand and 001100 Dollars ($1,450,000.00), in hand paid, does hereby grant, bargain, sell, convey and specially warrant to Cascades KR, LLC, an Ohio limited liability company, whose tax mailing address is 425 Walnut Street, Cincinnati, Ohio 45202 ("Grantee") the following described real estate, situated in the County of King, State of Washington, and further described on the attached Exhibit A (the "Parcel"), free of encumbrances created or suffered by Grantor, except for those specified in Exhibit B hereto and further together with, and subject to all covenants, conditions, easements, restrictions, and reservations of record and all legal highways, and all taxes and assessments not yet due and payable. The Grantor for itself and for its successors in interest does by these presents expressly limit the covenants of the Deed to those herein expressed, and exclude all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said Grantor and not otherwise, will forever warrant and defend the said described real estate. This conveyance is further expressly subject to the matters specified on Exhibit B hereto. IN WITNESS WHEREOF, the undersigned has caused this instrument to be effective as of the 1� day of February, 2006. GRANTOR: Fred Meyer Stores, Inc., an Ohio corporation �z Name: Scott M. Yenderson r,t; Its: V' a elide t and Treasurer 00 By: Name: Paul W. Heldman Its: Vice President 11 Return Address: Cascades KK LLC 425 Walnut Street Cincinnati, OH 45202 200602; LANDAMERICA CO D PAGE001 OF 006 02/27/2006 15:36 ICING COUNTY, WA E 189074 82/27/2906 15:35 KING COUNTY, Un SALE $1% .000 0 PAGE001 OF 001 ########a*####w#ww*wwRwaw**w*#*##a**#####*#aR#a##a#aa##a#aaa#waw##wwwwwww####***##*#*##*#**#*#####RR#R Document Titte(s) (or tranaactions contained thereia): 1. Bargin and Sale Deed 10- 7O19717 f 2. 4. 06 Reference Numbers) of Documents assigned or released, (on page of documentation(s)) Grantor(s) (Last name first, then first name and initials) 1. Fred Meyer Stores, Inc., an Ohio corporation 2. 3. 4. 5. Additional names on page of document. Grantee(s) (Last name first, them first name and initials) 1. Cascades KR, LLC, an Ohio limited liability company FILED FOR RECORD AT REQUEST OF 2• TRANSNATION TITLE INSURANCE CO 3. 4. 5. Additional names on page of document. }#w*###w############*#*a**#*Ra*#*#aa#*rat#aRw*w##wwwww#w#w*w*###*#**##*#w#####*#####*##*##*#*######R## Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcel D of the City of Renton Boundary Line Adjustment No. LUA-99-062-LLA, as recorded under recording No. 9905129006, Records of King County Additional legal is on page 3 of document #####aww#w#www*www#w#**###*4###*######R#######*####a##*####*#a##w*ww###*#**#*#*##*#a#*##*##*#####*#w## Assessor's Property Tax Parcel/Account Number 182305.9238 Additional Tax Parcel/Account Numbers on page of document The Auditor/Recorder will rely on the Information provided on the form. 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N t7a rrr 0 3 M t► F� a • ALSO AN EASB&Bf MORE PARTICEn.ARLY DES AS FOLLOWS: MWGROMG AT TME POMT EMEMIMOM C,A1 ED 567; THUQE FK M SAID POW OF BE(s'DRUW NT l ME 12.06 FEET. THMIM Slr00W% 2:3.64 FEET TO THE NolK7E RLY FACE OF AN ExzFfM Bi LEM TEENE AUM SAID BUILDING FAGS ST7'0l MOW 2936 FM. 7EEMM Ni2V9'OO V 29.00 FEET; Tim N?7'l iw"E 7.23 FEET; TffiME S70°71534T 10.00 FEET' TO TM PORW OW �G THE BASIS OF MEARMUS FORMS DC9 MTHERBOMOFSURVEYFOlt NOR'IT�TBUKJXM CORPORAIM MCORDED IN BOOB 49 OF SMVEYS ON PACE 278 UNM A11MONS ERE MIDAUR 8606 THIS EASBIENT, IN IM ENTN EM. IS LOCATED R4 SBCMP lk TOWNSIM 23 Q} NORTH. RANGE S EAST, WHJLAMM 1MMHXAN. MY OF 1ZFNL K MG Rr COUNTY. WASEUVW i. Q� D SO(TI HWFST AND TO WHIM POINT A RADIAL BEARS W85"M 71WICE ALONG 7M ARC OF SA® C iRVE TENXXIH ASAL ANGLE OF 6QM4' FOR A DISTANCE OF IOD.+lf 1$T; TEENC.E PZMMMO W 29LO7 FEET TO TM BEGOMiri (W A 1436.45 FOOT RADIUS C[IRVE CONCAVE 30 TIE NORTHEAST; TIEIR.E LQA JCWISE MONK' TE ARC OF SAN) CARVE TMUGH A CENTRAL AL ANGLE OF 3024'S1" FOR A DISTANCE OF 85.60 FEET TO A POINT CALLED POINT OV 1CKTIDE OONTIIRE ALOM TIE ARC OF SAID CURVE TBD M ACBMAL ANME (IF 4W4 ' FOR A DISTANCE OF 110.It FEUT. 3EENCE PWWO'W IS7 91 FEUT TO THE BEGORA G OF A 329 $D FOOL RADR S CE RVE CONCAVE 110 T103 SEEN; TEEMM ALONG THE ARC OF SAID CURVE 7EMKNI A CENTRAL ANGU OF 12'57W FOIL A DSSTANCE OF 74s2 FEET TO A POEff NAFTER CALLED POINT wW FOR TIC COl+ilDg= AIAIIO THE AIEC OF SAW CEIRVE MMOUM A CENTRAL ANGLE OF W133V FOR A WrANCE OF 29 t= FEET TO A P WT GILLED POINT wW FOR ; TEIENMCONT7IRE ALONG TIRE ARC OF SAID CURVETENtOUGH A CENTRAL A10Gl[E OF 3:'l6W FORA DISTANCE OF I#0OO FEET 70311E BOGDOM OF A 10000IlOOT RADIUS R��Q CURVE "3NCAVE TO TM I4ORTHWESI•; ITIENCE ATAN[` WE ARC OF SAID e CURVE THROUGH A CENTRAL ANGLE OF 6+rW W FOR A DISTANCE OF 121.56 O FEET TO 71W POWT OF w r. I M4G; TEEM E ON A RADIAL LINE SI`6'19"4lrE QT I0.00 FEET TO THE T OF TENS LJW AM EASEMENT K7 soGDqWjG AT TW POINT RE CAUED -M' . 71194 E ON A RADIAL Lw LIIE NV49O3'E IQ.00 FEET TO 7IE IERM R1.S OF TIES LEE AND EASEMENT. COsCWW7iCWG AT 7H E IODrf CALLED wNw.'I ON A RADIAL Laa NCF S nrW 400D FEET TOT= POEFF OR CONTINUE ON SAID RADIAL IIM I+ii7" SF VV 10.0E FEET TO TILE TERNE4I5 OF TM 11E AND FASF]I Xr. ALSO THE FOLLOWING WING 2D,OO FOOT WIDE FA.SBMEN . THE CENTERLINE OF WKKH IS DESCRIBED AS FOLLOWS- EEGp+IiMIG AT THE POW CAi1Hf "V; TIEIEE t463o3r44'E 35.00 FEET TO THE TERlM +l K (IF THIS IDE AMEA'T. a S61r19rAM 43.1E FEET TO TIE EASTERLY MARON OF HARD E AVENUE 5OiTLiiWM AND TFME TERMMJS OF TWS LEE ANID DESCRffq LOIN. PiG AT 7HlE POD NBUM CALL M "J"; TIE1NCE S12'4SWE 15.00 FEET TO THE 'I1s3 RGNKTS OF THIS LDE AND EASE34ENf_ NEG 004G AT THE POINT MR HX3lORECALLff)"K".7FnXES132UWlE 15.8D FEET TO THE TERWWX OF TFZS WE AND FASEMEN3. ascZaam AT liE i RE CALTFD "C"; THENM S59g29'S6'W 27.00 FFET TO THE 7ERMNE OF THLS LDE AND EASEMENT- 7NG AT TM P OINr CAL LED "lr; Tf N 59'2956'E 22138 FEET TO THE TIERKNZ OF THLS L2 E ANK) EA F- BE[ ROM41G AT 111E POW i ►EEFORE CALLED "E' ; THENCE S5902MIN I 77.58 FEET TD THE TERIAM3S OF TM LJW AND EASEWENT. 1EGR(N1NG AT Trill POINT IRE CALLED *41 ; TI ENOE S58'53'16"W 73.= FEET TO THE TgtNMGJS OF TM LDE AND EASEMENT. BEDECK G AT THE POINT CALLED "Go; TFAE NM S59°29WOW 70 45 FAT TO THE TERAIINUS OF TIES LINE AND EASEMlD1T. WAW&M AT TfE POINT FIEREMEFORE. CALLED *H"; 'iMQM NW]5'17"E 263.6k 'IiII MM IN n4WTE 56.0Q FEET, TEERM NW4XUM 200 97 FEET TO THE TER§gNUS OF TINS LDE AND EASEMENr, AT A POINT OK THE EASTERLY BOUNDARY OF SAID FARCEIL Co"WoK WG ATT14EPOW'f UMBMMKaE CALLED "P; THB1tE N17-1953-W 11.14 FEET TO THE POINT OF LNG; TBE NM Al2C* 54'W 70.05 FEIr 1TO TLE TERWMG OF TILLS LOW AND FASEUM AT THE W(Rli OF WAY LJM OF HARDIE AVEINVE 9OMBWMT_ COMWMMG AX THE WIST SotMIERLY C OF THAT CERTAIN PARCEL OFLAMSWUNGN'THEWWWWSURVIEYFOR, RTHWES' I HUILDM CORPORKTIOK RECO21DW 1N HOOK 49 OF SURVEYS AT PAGE z78 LMM ALWFFlOR'S FILE NUhElE1t 3606039M RUNG COUKIY RECORM SAD COK ER UC.�-- A M ffWT nW A 1901.1 F( !' itAn" CMVE CO AVE TO THE ALSO 111=110104G AT THE POW MM MFFORE CALLED 3il; TWNNCE FROM SAID POINT OF BEGROaM SSr4916mW 1155 FEET TO 1 HE TERMWB OF 7M ALSO BEGM0MG AT TW POINT aORE CALLED 393; lM4M FROM SAM POINT OF BECffhM41G S5r49 WW 1439 FEET TO THE WRI GNUS OF THIS U E AND EASENEU[_ A m ■ewaffitiG AT TFE POINT 1$3tE RBEFME CALLED 395; TfIl NCE FRW SAIn POINT OF BEGD M40 NSr49W"E 1E.00 FEET TO THE TER14INUS OF TM LANE ANDEASE TENT. ALSO BEGROMIG AT TFII; PMT EEREDGIEFM CALLED 3W,, IW4M FROM SAID POvIT OF BBC11F1tjM SW4V44"W 3311 FEET TO THE TERM NUS OF TIM U94E AND EASEMENT. ALSO BEGUO04G AT TIM POINT HELM SU ORE CAU.ED 4K THENCE FROM ?! SAID KgNT OF BEGVo 4GN59"40'44wE 17.10 FEET TO 131E 1FRMNUS OF THIS LUE AND P NT- O3 ALSO BgGffMM AT THE POINT HELM ERK E CALLED =5 VICE FROM SAID POINT OF 11BCd1 04G N-W4W44"E 11.74 FEET; THENCE N3(rl'716"W 15-44 ,W4 FEET TO TIE 1EB1 MS OF THIS UINE AND EASEMENT - ALSO 2BGRa4M AT THE POD[ SORE CALLED M THENCE FROM SAII) POW OF BFGffQW4G N54W55"E 1945 FEET TO THE TER11GNUS OF THIS LINE AND EASEIONf. •� -� a �• t r -ri � ii �� i3 ; �� �� � � � 1+ MGMIGNOiG AT7WPOi1ril EME04EFM CALLM "A"; Try 101*3i'AVW 44.33 FWr TO TW ALES (F TM UM AM DESCRII'1'1W. BEG0114 riG AT IM POW HFRID�'II�ORE CALLED "W; TEIR4CE S309W43E 1y1.91 FEET; '1I11 THENCE Sl2°42SM 37-90 FEET; 7HE11M SWIZ41-W 29.19 MT; TEOgM S7T1431"W 37-05 FEET TO A POINTEM WIM CALLED PORU "J" -n. ------rases- Tincw C77► AMI OW 315.06 FM TO A l► Wff NAFTER 0 ALSO BEGENNE4G AT THE POINT IJMEINBEFO1tE CALLED SOS; TEENLE FROM SAID POINT OF BEGow 3G S590WMOW 16.32 FEET TO A POINT FROM WIIW THE SIDl'LINU OF SAID STRIP LYENG 5_00 FEET TO TW LEFT AND 24.00 FEET TO THE RKRIT OESAID LZNW.. THI1FiM S54°2 MOW 42.95 FEET 70 THE TERWIiS OF THIS Li]NE AND EASFM'gT. ALSO BAG AT THE POINT' HOWRGEFOWCALLMM TfWNCE FRAM SAID POUF[ OF BEGROM40 N59W440E 326.54 FEET; TWNCE NW13"AM 95." FIEE7 ; Tim NMr46M W 14.44 FWT TO THE TES OF THIS L2 E AND EASEMENT, AT A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL. ALSO BEGINMG AT THE POINT EMEINDEFORE CARD M MINCE FROM SAID P0111T OF REGHMNG SS9'2WWW 1632 FEET TO THE TFRMMIS OF T kW LDWANDEASENENT. ALSO BEGMING AT THE POINT 1 EMNEFOM CALLED 33i:1M4CE FROM SAID pCWff OF BF.GINNM N58-AMVE 105.71 FEET; TTEENLE N47'35VS'E 20D.69 FEET; THENCE NO2°4l-WW 59.66 FEET TO THE TEPJ DM OF THIS LINE AND EASEMENT, AT A POINT ON THE NOR7MRLY BOUNDARY OF SAID PARCEL. ALSO BP7GII+iN M AT THE POINT EEREENBEFORE CARTED 517; 1111MM FROM SAID POINT OF BE VaM4G N59029" M 1324 FEET TO THE TFRMMM OF THIS LINE AND EAR'.. ALSO BEG»G AT THE POIN-HEItEINBEFORE CALLED JK nlEN[E FROM SAID poWr OF BEGIN1NM NZrl9F53'W $3.10 FEET TO THE T (W THIS LINE AND EASEuI NT- ALSO BEGINNING AT THE POINT SORE CALLED Sit TEENCE FROM SAID POINT OF BEGOOM40 N2$WM'W 62-43 FEET TAD A POII1f CALLED 561 FOR REFERENCE; TM94M N2 6'W 9.93 FEET TO THE T ERi1+ NUS OF THIS LfNE AND EA.SE3IENl', AT A PONE ON THE NORTFIERLY BOUNDARY OF SAID PARS.. ALSO BEGINh'1NG AT THE POINT HEREDSEF iRE CALLED 561; TiENCE FROM SAID POINT OF BEG0eW4G S6103934'W 25.36 FEET TD THE TERAGNUS OF TW LINE AND EASEb ENT, AT A POI1+T1' ON THE NMTHERLY BOUNDARY OF SAID PARCEL. m HEREINAFrM CALLED 3N FOR RUFEUTOCE, T OMW E SSr4FI(r ' 99.E7 FEEL TO A POINT MUE94AFTER CAUED SO FOR LtE3 F3A: NCE; THENCE S59-41r10"W 27.24 FEET; 77IEWM S13'WI2"W 90.66 FEET. 7 WjCE S31'1QM E 1636 FUE TO A POPff r lA 7 FIB 3W FOR REFERENCE. THENCE S31°105M 9D.36 FEET TO A POINT NAFFER. CALLED 393 FOR tENCEMIENCE S31-10'54"E 2&72 FEET TO A POINT CALLED 395 FM R0004M '1'W4CE S31"34"S4wE 273E FEET; TIIINCE S WIV16E 1E632 FEET TO A POINT HIItEINAETFR CALLED 3" FOR Rom; TEIM .E S:iO IV11661E 6L40 FEET TO A POINT FIERE01AFTM CALLED 4" FOR --tENM-1EENCE S30°I9'16"E 144 G$ FEET TO A POINT NAFTER CALLED M FOR THENCE S2orWO0T 44.35 FEET TO A POOR' EIER INAFTEK CALLED SZ4 FOR RIIF1tEN F,r THENM S3I-M I-E 34AB FEET TO MUNN TO TIE AFOREMENTWNED POINT CALEJED W AND TW TERIAMS OF THIS LINE AND EASEMENT. ALSO BEGINNING AT THE POINT RMEDMUORE CMIM 414; TIEN E FRM SAID POINT OF BEGINNING SO4`5616 W 16.65 FEET TO TIC TERMS OF T1RS ALSO BEGINMING AT THE POINT KBEDMUFORE CMJM T1IF XX FROM SAID POINT OF BE 94M N16'3 r470E 25.79 FEET. TEENCE N24oM5VW 24.66 FEET TO THE TERMINUS OF THIS iIM AND EASEMENT_ ALSO QEGMNIIVG AT THE POINT HMEDMU40RE CALLED 557;TFIENCE S i2°I4*01'W 153.44 FEET TO A POINT ElEltEINAFTER CALLED 4U FOR REFERENI" TiEENCE S19033%WW 35.26 FIST TO A POINT EIZIMMFMCALLED 5i7 FOR REFERENCE AND THE 'i RNIEN115 OF THIS LJ E AM EASF]IENT. ALSO BEGINNING AT TIIE POINT FORE CALLED 4M TEIENCE N8I!°M2-W I4.61 FEET TO THE TTRMR+IUS OF TES LIM AND EASEWNT. ALSO BEG091M AT TIC POINT CALLS 4WTEIENCE FROM SAID POINT OF BEG'RaMiG N54j°'2M*E I3.19 FWI TO THE TERMDW OF 77II5 LINE AND EASEMENT. ALSO BFGIrIlyl W AT T11E POINT NBEFKWECALLFD4Xt7ElWM FUN SAID POINT OF BF.GINIGNG S59"x9%wW 31.12 FEET, N!NF373DrW 23.00 FEET TO THE TAUS OF THIS 124E AND FAT. I m ATTACB>EM "A" A STRIP OF LAND 15.00 FEET IN WIDM LYING 5.0Q FEE7_ F M TO THE RJM i OF THE FC i1A51►M DEAD I.1 IDS: BEGDIlw1F11G AT A POINT ON TIM SOMWIMERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAM SHOWN ON THE RECORD OF SURVEY FOR NORTHWEST BURDING CORPORATM ROD== IN BOO[ 49 OF SMVEYS AT PA X XM UNDER ALBILTORS FILE MR®1BL R606039M >1ZWj COUNTY RECORDS.. SAID POINT BEARDIG i,QBW 31" W 332.73 FEET FKi THE. Mff SOMIRMLY CORNEA[ OF SAID PA116CM TO A POINT HEREINAFM CALLED SM FOR REFERENCE. DIE1NM FROM SAID POINT (]F B8GMMM NSS N4W E 25.30 FEE' TO A POINT CALLED FCMNT "AR 1OK RACE; TIENCE ?MW40"E 139.89 Q� FEET TO A POINT EIEREIRAFIER. CAVED 523 FOR Rom;'iHEEXM S31146*43'E 1920 FEET; THENCE S83 .V4C'E 35.54 FEES' To A FOMT HEREINAFTER CABLED 414 FOR REF tENM- THENM S85'wH44rE 9.69 FEET; TM24M S02"42"54'E 1.7 163.88 FEET. THENCE STT°0B'31"E 46.11 FEET TO A PMT NAFFERCALLED W& FOR ROFElteiCE; Tk1EWM S 7ig08"310E 321 FEET TO A POINT CALLED 557 FOR ltF.FE1:EMM- THENCE S77"08'31-E 3604 FEET; THENCE N60IASIM 60.04 FEET TO A POINT CALLH) PM*T "W FOR TM4M N60OS6WE 33.43 FEET; 71EENM N3V 30 0CW` 50 47 FEET TO A PODT HIEREMAFTEIL CALLED POINT "Co FOR REFEREMM THEME N30r3WOM 10.64 FEET TO A V(XN i 11IMEBtAFTER CALLED 40 FOR Rom: TPENCE M06300C'W 42.773 FEEF'FOAPOBITEE2EB4L4FMCALLJEDPOIKF wV FOR N3W'3004'W 14-W FEET TD A POINT KAFTIERCALLED POINT wV FOR REFERENCE: T IC~ -30WW 4t14 FEET TO A POINT HEREOLWTUR CALLED POINT OF" FOR REFERENCE. TMNCE. MWWOCW 191.69 FEEL' TO A POMT NAFTEiRCALLED 413 FOR RBWWJNX- THENCE, N30"30DTW 41.46 FEET TO A POINT NAFTElt CALLED POMT "G" FOR Rom; THENCE N3V3004"W 3.17 F$T TO A KWIT KAFTERCALLED POINT -W FOR a tIENMTM4CEWWWW44Il0FEET70AFGMr CIIUED FOFNT 50 FOR REFEREM[, TEMQCE N30" 30 0M 24.15 FEET To A POW HERERMFMCALLED S z FOR REFERENCE. THlENCE N30939041V 50.44 FEET TO A POINT CALLED MY FOR REFERENCE- IREFERENM- THENM Mdn0WW 31131 FM i"O A FONT RAFTER CALLED 517 FOR REFMpYCZE; THENCE N30 JPD4"W i4-52 FEET TO A POINT HERE24AFUR CALLED Ell r Ma aw•���well. �Wi���/Y� ►iw�wwf� �!" .2-1 "now dww% L if1iYPP •LTrs FABOM uz BCCOUN* VS nNO= X�Coy= 000720-0146-04 00G720-0150-07 000720-0170-03 000720-0197-02 000720-0198-01 000720-0209-09 182305-9034-09 18230S-9039 -04 182305-9157-00 IRMS-9215-oo 182305-9216-09 18230S-9217-09 18230S-9218-07 18230S-9219-06 192305-9220-03 18230S-9230 -03 722940-0010 30 722940-0020-08 722940-0030-06 722940-0036-00 CI For the me of artaaa�ir*. rbooimrrtciiap4irssd, mbq*& qpecafmfi asd a mmumm tieaTan and uliiq pipd'ists. vadko . but not i■iaad W wakr, seww ad Mm draiaW liters, >Magpealrcx the of ia�[as auri ups aim ws, 4 am prior araat m of airy sailor puuoeelimp ai iaw aao aiiot scemn aid hpl aftam or NdmUy dwmfar_ Fdbwird die w" eorq I - ' of b ti crow Cksm ae my bmtale to amaa■o aat each addbotad 4cftm w it my squire. IU goesa= is pranced adieu to tie farowist taus alai sa■dilioss: i. Mae Gleam Ad am* Gc mor and artreire WWWAais is adrance far my wwfmp a pmew to tie p mp my w m d by its CEMM tL Up= aa■pktioa of my walk wiiia to p Uty nonrated by tie easemrea% the Gcm tae *A a 1 - to safaae old* comm eat. ad aa1 p3nrate i pvM 1 - - -- dal odmd air dmwjled deft ammo ioa of Se wad`, at aesdp as pa c*dAe i o tie ca■Mn *q was in 7 bcomet of in wait or eaory � the t�raaree, 2. C>etim sialE'tiffs to tWM sal we tie ssrsoe of to ateaoa l as iaog a sulk we does Halt iatfxfrre with the emmu t tou paulod a Oc Gastea Gcaear dmR +a. bwe.er. ban tie r1ek ta, aL Ir'saatar staimk aq bueldtpp or and whiff tie amear e■t; or b. plant noes, d ak at n me, 6, - ialip &* leak pawas UwAh my caw damp to or iototfuct wb the tetrikom Ira be plead vok tie ememst by tb ttasaee: or c. Date * bshcqm ar tie ca9omm xta in aens w27 wbkb Bald terraP 113 ittctrease the am ao aie [salsas d smontp ie � asei atd atq prinratt: iesptsweateatx i. Did. del air posam adY imm of aanu:;wtia- actin at SO papat) which mold d'tstarb the ao s at ammemma Gastee's 5ritis as dw itiga-a-way, air sdtadrs the lattwai support f a kim a. � whiffle ti�a �Sj feet of tie ��w�_ Tiffs cammest abaci m wA dw land I A , I bweik and" be bk dit upon the parties. dmdr hebs, mots a iraeaett aetd saidea. Gtauaom c m ft tie[ dteg are the LMU own= of the abore papatim aad fiat they hewn a go" aid iatrw tart to came its agm==L F , STATE OF CMBWN } ) SS ! cetadfytitt bmrrttrimaaarieI c-, 3 eddeacz sipad ties a■ oath aaoed that he: was a mbsobw as aencom tie ims"Mm alai admMobdow it as to of as btie tree ad aaitf arY of ssdt pastimes brow an aid prspaacs skinned is tie Dmd Notori pak i awd false Sate 91 eef t3te■aa taajff= at2 sue.✓. '.t-' �a ! fwr o dbk 'l''N� II+�UM�I+TP. a� tlps dad of i9 � 8 I iee+ti■ti� vied ''OnMa�s).' a■i 3t QlY �RENI'OA1, a 1 mddpi CocgWWM ofma cow", wa>bbooR 'mum G NN*),1w and faof the sm ad by timaw, and slier •a�rabie aoasidacatio�. arm"* in bmby aftoneir rk do by tMttt Ram per. bOV06 sdl- OMM- mdwarms ro *a sit G`er ak ba ftwc =d M iprs. as ewe.esR it 'A s t m Haller. and si s p tee$ waaaoeRa��t�rae�. aatrs ai � at iaiio.irNe $ darersbed �rapett d� �4) is rug Cbma!, w ~ �a lei a *ftl Q At#�d Esb�it "A' I+epl Drsai�Yrw 1s a fart ed'tfie a�arr■e�- s a OCT 4 1 urn:..lwom a ar,r.��.�►rw ar.+ i.rx Exhi i 4 Sign Criteria Outparcel Sign Specifications Maximum allowable size for monument sigsts located within Fred Meyer store developments. Li Cd � CC 1� 'D f Cc -T =T_S•i�?�ul"7%Mi_ti.:=a"IS'='LL=-_�'iS�1f R'•#T yam:' -� - C F •! N close this transaction (other than as a result of Optionee's failure to exercise the Option or perform Optionec's obligations under this Option), Optionee shall be entitled to a refund upon demand of any moneys deposited with Title Company in connection with the Option, and Optionee shalt be entitled to all remedies allowed at law and equity for breach of contract, including the right to enforce specific performance of this Option. 6. FAILURE. TO EXERCISE OPTION. In the event Optionee does not exercise the Option with the option period specified below. Optionee shall. upon Owner's request, execute such document.-, as Owner may provide and reasonably require to evidence the expiration or termination of this Optiom GENERAL PROVISIONS. 7.1 Binding Effect. This Option shall be binding upork and inure to the benefit of the parties. their successors and assigns. 7.2 Rrokers. FAch party will defend, indemnify and hold the other party harmless from any claim, loss or liability made or imposed by any party claiming a commission or fee in connection with this transaction and arising out of its own conduct. y, 7.3 Prior Agreements. This document is the entire. final and complete agreement Ll of the parties with respect to Optionee's option to purchase the Option Property and supersedes and replaces all written and oral agreements previously made or existing hetween the parties nr their representatkes with respect to this Option. 7.4 Other General Provisions. 'The terms of this Option include the following General Yrnvisions contained in the Declaration; Sections_ 16.3, 16.�4 16.7. 16.1�16.15 16.16 and 16 18 — — +r . S. OPTION PERIOD. The Option tray be exercised by Optionee at the tunes and upon occurrence of the conditions specified in Section 4 of the Declaration. The Option shall in any event cxpirt, on the dote twenty (20) years after the date of the Declaration. -Ihe "option period" means the period of time commencing on the date when the conditions specified in the Declaration giving Optionee the right to cxcreiw the Option incur, and ending upon the expiration of Oplionee's right to exercise the Option as stated in the Declaration (or, if the Option is exercised. on the Closing Date). 9. RIGHTS OF OPTIONEE (DECLARANT) TO WAIVE OR MODIFY TERMS OF Off ION. As to any Non -Anchor Parcel. Ootionee (Declarant) retains the sale right to waive or modify the firm periods or conditions or other provisions of Section 4 of the Declaration as to any Pion -Anchor Pare cl, by written agreement between Optionee (Declarant) and the party acquiring the Non -Anchor Parcel from Declarant or any subsequent Owner of the Pion -Anchor Parcel. without the need for Declarant to amend &.e Declaration itself or obtain the conscnl or joinder by any third party. It is understood and agreed that the Option is in favor of Declarant only tend its successors and assigns, as Alckrlarant" under the Declaration) and is not for the benefit of any third party. [NO MORE TEXT ON THIS PAGE] r rtE.n ktt:ti rk t-c&.a FoFtki 9 97 Vpdatcd Form E I Pruned 1mn1 tar imrr Z4. 191M PIA I A 1.7j. t . 44904.046 to waive its prior disapproval of the exception. In addition, Owner shall have tilt right to rescind its exercise. of the Option at any time from the date of exercise through closing. 4. CLOSING PROCEDURE. 4.1 Date of Closing. This transaction shall be closed on a date selected by option" and ressrxtably acceptable to Owner. within 30 days after exercise of the Option (the "Closing Date-). 4.2 Prorarions. At closing, property taxes and other expense4 associated with operation of the Option Property ("Expense_K") shrill be prorated and adjusted between the parties as of the Closing (late. 4.3 Manner and Place of ClWng. This transaction shalt he closed in escrow by an officer of the Title Company at its main office in Portland, Oregon, or as otherwise mutually agreed b% the parties. Closing shall take place in the manner specified in this Option. 4A Closing. On the Closing Dale. this transaction will be closed as follows: (a) The prorations described in Section 4.2 +kill be made and the parties shall he charged and credited accordingly. (b) Owner will convey the Option Property to Optionee by statutory special warranty deed. subject to no liens or encumbrances, other than those permitted under Section 3.5. 0%&ner will execute a "non -foreign person" FIRPTA affidavit, in form reasonably acceptable to Optionee, (c) Optionee shall pay to Owner in cash the total purchase price for the Option Praperty. adjusted for the charges and credits set forth above. (d) The Title Company shall have delivered a commitment letter .ommitting to issue the, policy described in Section .3.5. upon recordation of the closing documents. (c) chimer slutll be charged the amount required to obtain release of liens [if am I. Optionec shall be charged the recording flees for the deed. Owner shall be charged the preanLn for the owner's title insuranr a policy and the State and County excise and documentary stamp takes Illc escrow fee Shall he divided equally between the parties. 4.5 Title Instance. As soon as practicable after the Closing (late. Owner shall f furnish Option" with an owner's s.andard co%crage policy of title insurance in the amount of the total purchase price for the Option Properq . subject only to the staridard printed exceptions of the Title Compan-, . and exceptions for the matters tinder Section 3.4. 4.6 Possession. Uuner kill dcli,,cr vacant possession of the Option Property to Optionce on cite Closing pate. S. TERMINATION. This Option shall expire on the date tuenr; (M) years from the date Of the Declaration. if the Option has not been previously exercised. In the event Owner should fail to FRt_U IIALN FR CEWR HIRM 9 9- t'pdaled Farm F. I t'rw%W laxt JAi—an N. 1909 Pox i k i =75.1 1 4900D :046 W. EXHIBIT � Repurchase Option Terms This Exhibit contains terms relating is the rights of the Declarant under Section 4 of that certain Declaration of Covenants. Conditions, Restrictions and Easernents ("Declaration") dated . 199 pertaining to cdrtain parcels described in the Declaration. 1. DEFINITIONS. As used in this Exhibit. the "Owner" is the Owner of a Non -Anchor Parcel lender the Declaration, the "Option"" is the Declarant under such Declaration. and the "Option Property" is the Owner's Nrcel. Capitalised terms not otherwise defined herein will have the meaning stated in the Declaration. 2. INCORPORATION OF TERMS. The provisions of Section 4 of the Declaration are incorporated hzmin, pursuant to which Optionee has the right and option ("Option") to repurchase the Non -Anchor Parcels on the occurrence of certain conditions as described therein, 3. STATUS OF THE OPTION PROPERIV AND TITLE. �'ft%, 3.1 Access to the Option Properly. During the option period, defined below, Owner shall permit Optionee or its authorized o; designated representatives or agents to enter upon the L1 Option 1Noperty at reasonable times upon reasambie advance notice (as to the date, time and purpose for r the entry) for the purpose or examining the Property. C 3.2 Conduct Until Closing. Until the closing date after any exercise of the � Oplion, barter %ill maintain the Option Property and shall pay all liens or property taxes and assessments imposed on the Option property'. T 3.3 Outstanding Agreements. Fallowing exercise of the Cation. Owner will not enter into am lease_-, cxcupancy agreements or other agreements affecting th,. operation or use of the Option Property which will be binding on Optinnee after the closing of purchase if the option is exercised, except as may be reasonably apprmcd in writing by Optionce during the option period. 3.4 Title Reprart. As soon as practicable after exercise (if any) of the Option, the parties will cause to be furnished to Optionee a preliminary title report (with full copies of any exceptions) from a title company selected by Optionee ("Title Company") showing 45 willingness to issue title insurance on the Option Property 3.5 Rescission of Agreenitent. If the title report described in Section 3.4 shows any cxreptions other than those existing when Owner acquired the Property from Optionee. or as nihccyuently appro%cd h} optionec_ Owner is responsible for obtaining a release or discharge of surh matters tother than easements not materially interfering with the operation of the Option Property). If 0,Aner i4; unable or fails to eliminate, any disappro%ed exception, Optionee may elect, at its option, to rescind this option by notice to the other party: proti•ided, if the disapproved exception is it financial encumbrance_ Optionee shall also have the option to suc for specific performance of the obligation to remo%e the &approved exception. in such event, all obligations of the parties tender this Option shall thert:after cease, unless Optionee notifies Owt)er within 10 days after such rescission that Optionee elects t-RED MLYE.R CC&R FORM 9 9- - t,rdslcit Fond E I Prnniri Ism ]snusn '.0. 1999 Pile I A 1:7321 : 491)Q.'00 Site Plata Drawing a A Order No. RT - 201971L75 EXHIBIT "A" PARCEL D OF THE CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA-99-062-LLA, AS RECORDED UNDER RECORDING NO. 9905129006, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF REf NTON, COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT B For Renton, Washington Deed Restrictions Grantee covenants for itself, and its successors and assigns, that: A. No part of the parcel or tract of land conveyed herein shall be used as a drug store or a business principally devoted to the We of health and beauty aids, or for a pharmacy department requiring the services of a registered pharmacist, provided that this restriction shall cease to be in force or effect if the occupant of the storeroom situated on Grantor's retained adjacent land fails to operate a drug store, or pharmacy department for a period of three hundred sixty-five (365) consecutive days or longer subsequent to the opening for business of said storeroom on the retained adjacent land, except when such failure is caused by labor disputes, force maj eure (including reconstruction as a result of fire or other casualty) or conditions beyond the control of the occupant of the storeroom on Grantor's retained adjacent land. B. No part of the parcel or tract of land conveyed herein shall be used as a food store or food department, or for the sale of groceries, meats, fish, produce, dairy products, bakery products or any of them for off -premises consumption, provided that nothing herein shall prevent the sale of such products as an incidental part of a business so long as the total number of square feet devoted to the display for the sale of such products does not exceed five percent (5°lo) of the total square footage of the building improvements in which such products are sold or five hundred (500) square feet, including, in either case, one-half (1/2) of the aisle space adjacent to any display area, whichever is smaller, and further provided that this restriction shall cease to be in force and effect if the occupant of the storeroom on Grantor's retained adjacent land fails to conduct a business for the sale of groceries, meats, fish, produce, dairy products, bakery products or any of them for off -premises consumption, for three hundred sixty-five (365) consecutive days or longer subsequent to the opening for business of said storeroom on the retained adjacent land, except when such failure is caused by labor disputes, force majeure (including reconstruction as a result of fire or other casualty) or conditions beyond the control of the occupant of the storeroom on Grantor's retained adjacent land. C. No part of the real property conveyed herein shall be used for the sale of automotive fuel, including without limitation gasoline and diesel fuel, or any technological evolution of either. D. No part of the parcel or tract of land conveyed here shall be used as a disco, nightclub, health spa, theatre, roller skating rink, bowling alley, or any business which principally features sexually explicit products or drug paraphernalia. E. It will not alter the common area on the parcel or tract of land conveyed herein, or improve the common area with building improvements without the consent of Grantor, or its successors or assigns. F. No part of the parcel or tract of land conveyed herein shall be used as an establishment serving alcoholic beverages for on -premises consumption; provided however, that any such parcel or tract of land may be used (and the foregoing restriction shall not apply) in connection with: (1) a full service, sit-down restaurant that also serves as part of its menu, alcoholic beverages for on -premises consumption; and likewise, (2) for any establishment serving alcoholic beverages for on -premises consumption, so long as the projected gross annual revenues from the sale of alcoholic beverages for on -premises consumption does not exceed forty percent (40%) of the annual gross revenues of the same. Return Address: City Cleric's Office City of Renton 1055 South Grady Way Renton, WA 98055 �PO� 4 cxrr ole 0002, PW- -00! � �04 SAS 04/Z3/ 00 0aiva CQNTy %8 Title: UTILITIES EASEMENT Prope Tax Parcel Number: 182-305-9238 Project File #: LUA(nt- /!Z !� S- 7 7 Street Intersection or Project blame: 365 Renton Center Way Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. Cascades KR LLC 1. City of Renton, a Munici al Corporation Additional legal is attached_ (Abbreviated legal description MUST go here,) LEGAI DESCRIPTION: Santitary sewer easement is to be granted for parcels D and E. Cascades KR owns parcel D and will be granting the easement for parcel D. The legal description for the easement for parcels D and E is included below. Beginning at the South West comer of Parcel D as indicated in the City of Renton land Action LUA-99-062-LLA as recorded under King County Recording Number 9905129006, thence N771 14' 48"E along the South line of said Parcel D a distance of 219.18 feet to the True Point of Begninng; thence N 12' 45' ITV a distance of 15.00 feet; thence N770 14' 4VE a distance of 578.90 fee; thence S 12" 45' 12"E a distance of 14.89 feet to the South line of said Parcel E and the beginning point of a curve to the Right having a radius of 5679.65 from which the radius point bears N 130 06' 43"W, thence along said South line of Parcel E on a curve to the Right for an arc Length of 35.43 feet, said curve having a chord bearing of S77 04' 01"W a distance of35.43 feet; thence continuing along the South lines of said Parcels E and D S77° 14' 48-\ a distance of 543.47 feet to the True Point of Beginning. PWE0013.doe1 Page 1 FORM 03 00131bh/CA2-21 97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bar+ain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for public utilities (includin- water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described on page 1. (or if full legal is not on page 1-- Exhibit A.) For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines. together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities. Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement. restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work. as nearly as practicable to the condition they were in immediately before commencement orthe work or entry by the Grantee. 2. Grantor shall trtain the right to use the surface of the easement as lane as such use does not interfere x0li the rights granted to the Grantee. ~ Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or C. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. 1N WITNESS WHEREOF, said Grantor has caused this instrument to be executed this 22"' day of.May 2006. VIA,P1,1 Pw i;oa t 3.doc\ Page 2 FORM 03 OO t 3'bh C A2-2 t -97 Form 94 0001/bh IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written belotiv. INDIVIDUAL FORM OFACKNOWLEDGMENT Notary Sea[ must be within box STATE OF OHIO ) SS ��"win COUNTY OF HAMILTON ) �� I certify that I know or have satisfactory evidence that Wit! s .+�iw:9'3m J. Scott Golan signed this instrument and acknowledged t' = it to be his/her/their free and voluntary act for the uses and purposes mentioned in the = instrument Notary Public in and for the State of Ohio f�7f71111t151115 Notary (Print) Catherine D. Hanna My appointment expires: Feb. 19, 2008 Dated: May 22, 2006 R,EPRES'ENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON } SS COUNTY OF KING } I certify that I know or have satisfactory evidence that UO Cf signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and fflLUAM 7YUacknowledged it as the and NOTARYs Pof _ to be the free and voluntan act of such �� �E �c r�Qartylparties far the uses an oses mention d inhe instrument. CO If}Si3 `1� 29, Notary Public in and for the State of Washington Notary (Print) Wil 1 i 61 M 14- Yi11 My appointment expires: b - 2 Dated: - p CORPORATE FORM OFACKNOWLEDGAf ENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY'OF KING ) On this day of , 19before me personafy appeared -- to me known to be _ of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: PWE0013.doc1 Pagc 3 FORM 03 00131bIVCA2-21-47 3t 9 RR By -=wM4-!q i A it1�c s lip ►. ar $ wI 114 t1 1 z OPP mE 0 71, .•s io v 1 1 1 1 � 1 1 1 S e 000 P. 60 3s)vci DOSS 1 '8 GAOR TbOOSM7C71, When recorded return to: 20080411000758 Renton School District 403 FIRST RCIERICAN WD 49.00 th 04'11®2008 01:66 300 SW 7 Street KING COUNTY, WA Renton, WA 98055 E2341223 Attn: Rich Moore 04/11/2008 11:54 KING COUNTY, UP TAX ,495.00 SALE $2, 50,000.00 PAGE001 OF 001 STATUTORY WARRANTY DEED THE GRANTOR, CASCADES KR, LLC, an Ohio limited liability cOmPany ("Grantor"), for and in consideration of TWO MILLION FIFTY THOUSAND DOLLARS ($2,050,000.00) in hand paid, conveys and warrants to Renton School District 403, a municipal corporation ("Grantee"), whose mailing address is 300 SW 7 h Street, Renton, WA 98055, the following described real estate, situated in the County of King, State of Washington (the "Property"): Parcel D of the City of Renton Boundary Line Adjustment No. LUA-99-062-LLA, as recorded under Recording No. 9905129006, Records King County; Situate in the City of Renton, County of King, State of Washington. Tax Parcel No(s). 182305-9238 The foregoing conveyance and warranty are made subject to all real estate taxes and assessments and all covenants, conditions, easements, restrictions and reservations of record and all legal highways. The foregoing conveyance and warranty are also hereby expressly made subject to the covenants and restrictions agreed to by Grantee as set forth herein. The foregoing conveyance is made subject to the following covenants and restrictions, which are intended to burden the Property and to benefit that certain real estate described on the attached Schedule 1 (the "Fred Meyer Property" ), which is incorporated herein by reference. Grantee covenants for itself, and its successors and assigns, that: A. Grantee shall not, nor shall it permit, the Property to be used for school bus parking after June 15, 2010 without the prior written consent of Grantor, at Grantor's sole and absolute discretion. B. Grantee shall not provide, nor shall it permit to be provided, fuel or maintenance services to any buses or similar vehicles on the Property. C. Grantee shall construct or install cyclone fencing around the school bus parking area on the Property (the "School Bus Parking Area") with a mesh or comparable covering (at Grantee's option) around the perimeter of the Property and along the southern and eastern most sides of the access road to Fred Meyer off of State Highway 167 (please see Schedule 2 attached hereto and incorporated herein by reference for a depiction of the School Bus Parking Area and the applicable area to be fenced as provided herein). Further, school buses shall only be parked within the foregoing fenced area on the Property. D. All ingress and egress to and from the Property by school bus traffic shall be limited to ingress and egress to and from Hardie Avenue (or any successor avenue or road). In no event shall Grantee be permitted to use State Highway 167 for ingress and egress for school bus traffic. E. At any time after the date of this Statutory Warranty Deed, Grantor or The Kroger Co. (as hereinafter defined) shall have the right to reasonably prohibit any use of the Property, including the use for school bus parking described above, that Grantor or The Kroger Co. deems will negatively impact the Fred Meyer Property (as hereinafter defined). F. Unless canceled, altered or amended under the provisions of this paragraph F, these covenants and restrictions are to run with the land and shall be binding upon Grantee and inure to the benefit of Grantor and the record owner(s) of the Fred Meyer Property (including, without limitation, The Kroger Co., an Ohio corporation, and any subsidiary or affiliate controlled by or under common control with The Kroger Co. [as to The Kroger Co. and any such subsidiary or affiliate, the "Kroger Company"]), their respective successors and assigns, and all parties claiming under them for a period of forty (40) years from the date these covenants and restrictions are recorded, after which time they shall be extended auto;natically for successive periods of ten (10) years, unless an instrument is signed by Grantee and each record owner of the Fred Meyer Property, or their respective successors and assigns, agreeing to change these covenants and restrictions in whole or in part. Failure of Grantor or any record owner (including, without limitation, The Kroger Co.) of the Fred Meyer Property to demand or insist upon observance of any of these covenants and restrictions or to proceed for restraint of violation shall not be deemed a waiver of the violation or the right to seek enforcement of these covenants and restrictions. G. Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. H. The ownership of the Fred Meyer Property and the Property by the same owner shall not effect a merger and termination of these covenants and restrictions. Dated: April if , 2008 CASCADES KR, LLC, an Ohio limited liability company By: __... Richard Palmer, its Treasurer STATE OF OHIO } }ss. COUNTY OF HAMILTON } A. On this I day of April, 2008 before me, the undersigned, a Notary Public in and for the State of Ohio, duly commissioned and sworn, personally appeared Richard Palmer, to me known to be the Treasurer of Cascades KR, LLC, an Ohio limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is duly elected, qualified and acting as said officer of said limited liability company and is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. 'C �� ' Notary Public in and far the State of Ohio Commission Expires: (Seal) SEM CHRISTOPHER BALNES UmmatNotary P Sty of Ohio my won 147.03,.C. ' n Agreed and Accepted: RENTON SCHOOL DISTRICT 403, a Municipal corporation 2 B2 Y• Printed Namepn '— Its: STATE OF WASHINGTON ) )ss. COUNTY OF t ) On this fLpday of April, 2008 before me, the undersigned, a Notary Public in and for the V-P1 , duly commissioned and sworn, personally appeared to me known to be the r ' of a(n) 1Aj� the IC' 14a ch, r a that executed the fbregbfng instrument, and acknowledged the said instrument to be th free and voluntary act of said ►n�,� ��: a� j c o per, , for the uses and purposes therein mentioned, and on oath stated that he/shis duly el cted, qualified and acting as said officer of said „tcifl9 a6azff ,and is authorized to execute the said instrument. Witness my hand and off cial seal hereto affixed the day and year first above written. ary Public in d for the State of y ashington Commission Expires: IP H w (Seal) Agreed and Accepted: RENTON SICHOOL DISTRICT 403, a Municipal corporation By: - -I— Printed Name•. j1 Q Its: ' STATE OF WASHINGTON ) )ss. COUNTY OF i._ _ On this Le day of April, 2008 before me, the undersigned, a Notary Public in and for the ;n duly commissioned and sw rn, per ona y appeared to me known to, be the U _ of �-45c, w i a(n)V,� l _ t� �_� the tic,! that executed the fareinstrume and aclrnowledged the said instrument to be the free and voluntary act of said!.. ,far the uses and purposes therein mention7d, and on oath tcc} that he/she is duly a ected, qualified and acting as said officer of said ypj 00 9')Www and is auftrized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. V-ub'ic in and for the State of ton Commission Expires: (Seal) W SCHEDULEI Parcels A, B and F of the City of Renton Boundary Line Adjustment No. LUA-99-062-LLA, as recorded under Recording No. 9905129006, Records King County, SCHEDULEZ (insert schematic of School Bus Parking Area) A S(-t ?ULE 2 TO EXH BIT � t t � t ! 1 ! 1 1. 1, f 1 `y I Boundaries & Fencing fy. Require Fencing =', Property Boundary = Wien recorded return to: ,5s '+rf. K-6riton.$ch06l District 403 ' 3oo-SW..-7 Street:.....,..;,. r r RefitorVVA Ysass .,,,. EZ341223 1C11 �Oore, ,..y04/11/2M 11.54 Attn: R :. KING COLNITY, IMRX � 5 LE $2,054; :31 PAGE991 OF 001 S AT.,UTORYVAR. NTY DOM" THE GRAOTPQR, CASCADES KR, LLC a4. (Db o united i a)ilify g6mpany ('" Gr to�""j;:far and in considera&n 4 TWO MILLION FIFTY t-UOUSIiM DdUkO'-(' 2,650,00,6-Of in hand paid, conveys, and 'Warrants to Renton Seb.00l D6htfld 4.6, a�inW'dtpal,,C&PoFati0h {5'`¢Grantee"}, whose;matli#ig address is 3U0 SW 7 Street, Renton, W498055 'the follpwingdes'ribedreal estate, n the fro situ att d in :the oun .y of King, State of Washington ( ' 1''.) Line Adjustment No. LUA'=J9 �6�LLA, as recorded under Puti`cel I? of the Cit "of Rrtan Boundary :.,- Iecordi►go. 4i29o0.gecords King County; Wr S to to in thr,City ofi� non, County of King, State of Washington. ��� i a .Y • Tax Parcel No(g�, 182305-9138 The foregoing conveyande aid wirranty`aa'e made subject to all real estate taxes and assessments and all covenants,. conditions, eaetriept, restrictions and rCservations of record and all legal highways. The foregoing conveyance and warrati y are also hefeby:exp'xesslymade subject to the covenants and restrictions agreed to by Grantee,as,t forth;;herein. The foregoing conveyance is made subject to the f6114 +ing Zc?Vena restrictions, which are intended to burden the Property and to eneAt that Certain real egge described on the attached Schedule 1 (the "Fred Meyer Property" ), whi, �i i �o>Fqta b4ein by. r Ce. Grantee covenants for itself, and its successors and assigns; ghat: A. Grantee shall not, nor shall it permit, the Propertjto be used for scW.61-bus parking after June 15, 2010 without the prior written consent of Grant+?r, atraraor's salatd at}s9bliit discretion. ,t t• Grantee shall not provide, nor shall it permit to be provided, fuel or maintenance services to :--any buses or similar vehicles on the Property. 6rie6:shall constructor install cyclone fencing around the school bus parking area on the pert (the "School Bus Parking Ara') with a mesh or comparable covering (at Grantees -,'-'opdon),around--the.perimeter of the Property and along the southern and eastern most sides of thei access road to Fred Mqyeroff of State Highway 167 (please see Schedule 2 attached htret(a'h:d lwdrponte4,4rein W reference for a depiction of the School Bus Parking Area anqfhe applicable area to be face4aspr.-p vided herein). Further, school buses shall only be '..paiked w4hirvihe 1bi6oing liB—* aref6p::the Property. D. All ingress and4gr.O'ss to"aA.-from 1'60,;, to perty by school bus traffic shall be hmited to ingress a -6jresv'to artj fi-olh" Hgaid'XVenue (or any successor avenue or road). In no event shaft Grantoie b4" ernait I ted-f 1 6 use Stite Highway 167 f% ingress and egress for school bus traffic. E. At anytime after the dateof&s.-itaw" to WGnty'-Deold.,:,diantor or The Kroger Co. (as hereinafter defined) shall iivo;�,,the .-. fight to' reas .6-'n'-ab1'ly'prqhJ`ibit any use of the Property, inclu .fling the use for school bus &rkin roger Co. g d6pepbed ab6veeihat,6�kWr or The K �iope�- � 7 . deemis4ill negatively impact the Fred Meyer virlaftu dvf=43. y (#t hdr.L.: F. Uless,:-,candled, altered or amended under tW* prqVisjons of this liaragraph F, these -$Ad ...covenants an4 restrictions we to run with the lava , shalLbii li ndi g iqpon.�Orantee and inure to, `the benefit of Grantor and the record owner'(s) 6f the Fred- Mp'er Property (in6ludjAg, N�thout limitation, The Kroger Co., an Ohio corporation and any subsidiary or & Kroger: fib. coni611,ed'by,or under common control with The. Gas bq�The Kroger Co. "'-"-or affiliate, the "Kroger Company"]), theirlr<#' �hd-a�ys* 4u'bsi ary. .ective successors and assigns,.indall parties Maiming under them for a period of forty (40)`Y6rs from the date ;:-thvzp.--Cbve . han.t aril r0trictiom. are recorded, after which time they shall be extended automaticialrllbr,i�ucqei mv'* e pen'dd.s of ton (10) years, unless an instrument is signed by Grantee a eadn rec. "id owm,,of the Fred Meyer Property, or their respective successors .6 and assigns %agreeiak to chsihge-twob avi4ants and restrictions in whole or in part. Failure of Grantor or airyrecord crwn . ..... * "er(in6luding; witheld limitation, The Kroger Co) of the Fred Y Meyer Property to dmand.,"Or MsIst upon,obseriva nce of any of these covenants and restrictions or to proud for iekriinv`of v,-J'6la4q.-` I not be deemed a waiver of the violation or the right to iidk-ts fqrcem�nt cotth4e:cov :.and restrictions. G. Invalidation of any one of these Ovenpis anrcstriotiorfo by judgment or court order shall 4 in no way affect any of the other pr&i*qn9-'which shall---'ivmak in frill force and effect. H. The ownership of the Fred Meyer Property iW. the Piopqrty �'y th' 4 r shall not q ame owner effect a merger and termination of these covenants and SCHEDULE2 (insert schematic of School 13us Parking Area) J_4 -U1; 2 T`0 Y, J. SCHE� XH BIT A k 4r -A ov A S. X, Bo=daries & Fencing Require Fencing ......... Property Boundary RECEIPT EGO0017159 City of C Transaction Date: December 23, 2013 BILLING CONTACT CG Engineering 250 4TH AVE S , 200 EDMONDS, WA 98020 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA13-001726 PLAN - Environmental Review Fee Payment heck #16324 $1,000.00 PLAN - Modification Fee Payment heck #16324 $100.00 PLAN - Site Plan Review - HEX Fee Payment heck #16324 $2,000.00 Technology Fee Fee Payment heck #16324 $93.00 SUB TOTAL $3,193.00 TOTAL $3,193.00 Printed On: 1212302013 Prepared BV Rocale Timmons Page 1 of 1