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LUA-04-016
r-REN toEING BLDG. 7-al-G KENT 80 o z ~ t BURL I NGTON NORTHE_~ "'2 . ORILLIA INDUSTRIAL P ~ 5 '~4 OF RENTON DIV. I .I~ S.W. 41ST 4150 BURLINGTON -.... ..,n PORtlATE --CENTER---PARK)------- SI' ..,.t.,.."MAIN IUf? ,..--._-------------------""~'l I § J,~ In I Q. Q. Q. ~ ,:;:, ~ "-Unc -l~ :;; <to.:( = Q~ ~ ~~ . .:. ,"m L..... • ~.; ore [2 fr w " C1i c· c·· ci! r....Z ~i 00 ·n .... q >-Z .~ ~~ c1" U~ II N". :;r.Ih •• t~ II'W' -.-~ I ~III '_ ril .!, I 1~II,el,le,II~11 ~ lors J'.OOOt SO. rr (0 BOt ~CR() nNl9tnOOR .. 23! ..... ,_,POO ........ , CQM1.~':-=-1 ~ P ff::. . .' .' ." !.~ I :1 ~ : )(-7 u l ,/ STORM &-GRADING PLAN W.M" Stlrfoc. Water Drolnoge Not •• ond Specifications 1. 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""" S.". 41ST STREET PIPE SCHEDULE PI'[ Ill'[ """" .... I., ''''' Tt ." "'" '''' !i\l!f/#l,-. ~'"!:.------:~~ 211' ''''' .' r"" a' STORM &-GRADING PLAN 1"=20' (.EI """ ". &J Cramer Northwest Inc . .... " ENGINEERS. SURVEYORS & PLANNERS ~. 145N.C[Ntlt4l,St[,,104,IC[MT,w .... on (25:1)852-4110 (IHOI) ., 1-(100)251-0111 (till' .... ) (25:1)152-."5 (fo_) I-WAIL! cnlhromlmw.OIm / N W+E S GRAPHIC SCAU: 1"-20' 20 20 ... u ~IC;\IIEi ~ t :/"-\'T~"";' "'),'-',', ,',,'.',,'<"'-". -~ .v-. .... s • s. w ... lit. S T LA~SC"'PE COOCEl'lIlAL!!JD ~-.:- LANDSCAPE AREA CALCULATIONS CITY OF RENTON STANDARDS THE FOLLOWING EXCLUDE THE 10' SETBACK FROM 41ST GREEN RIVER VALLEY PLAYING AREA: 1% OF ENTIRE SITE -1% OF 3S,OOO SF OR PARKING AREAS: S% OF PARKING LOTS -5% OF 16,150 SF OR TOTAL LANDSCAPE REQUIRED TOTAL LANDSCAPE PROVIDED: 7,210 SF-10.6% OF ENTIRE SITE OR 44.6% OF PARKING LOT !:mIL IDa ~ Planting Key li<IuJIIIs.&mJ 700 SF Il!1M: I,S07SF .. ,. l. .. J. .. 1. I. •. 10. Weepin, Noolka Cypreu ViDeMapi. MouD!aU!Hculkld; £wrar-Mqaolill Cbarnee;ywi.DQQIQtcOl!.'PcnduIa' nmm II. ~ ~ ~ ~ ~ ~ ~ ~ · n R n • • ~ n R • · R n n K • • -11. lI. It. ... .,. ." "Link Ocm~ Mapl'" ..... "CoIIIIMIr"NorwIoyMapIe '--SkaoBllinokiC)1nII WeeplD .... tIaICcdar "MPuatIItlFln"PkrU .... ,am, an..menw Strlwbmy Buill Barberry"ItoayOIow" 8_t1u BumiaaBlab c.mdli. Coaconedfllba1 DocloiuoulAuJe. '''''''''''' "MounIa!a BIaze"1\wia Dopood """"'-"Moon o.y" Naadina WIlDelen DwJrf "'-"""'" ........ Artlc: Blue WUIow BllltwoodVibumum DwbI.m. Viburnum WilCbHt.rd "OUd .... )'II .. l.-d E-a-nAzai• "OoId FIml," SpUw. -Sklmm. """" """lid. """ AIIhIrIUI Joy Wum "Hldcoco" Lawnda-CrocoIrnIa"Lw:lCcr" - • -IaumoIaIIiIIII --~·LlnJ.Ocm' Caddlpllylllll1ljapooicurn ~'ColumaIr' Stpwtll -.dgsarm!II, Cbarneocypgj.ghtue'CJrKiliI' ~'PcadIIIa' ~'MQoaBay' lfIrgemrll.IN"'D"4!' ~'OUaLul)'ll' ~Ftam.' ............... -------.......... kIIIm...aa""IINIIIIIJar" 1...IYcaduIa~ ""'"'" -0aipDr .tecI1IIli,,": Mb. of wild 1IrIYo'bary, cnepiq IIIIboAII, IIIaJ, fcm, 1IIoe4iae: ..... eollllllbiaD, rwWIower, _1lVCria,1IIwI1i .. ledllll1,klMIcklMik,andlorOlhcrllld.,.pIaatI._IIICCCd. ~ ~~ "''''C cuo u .... '-f""t co ~.;~~~ ; al~:i~ ...J c: LI'I ~~ b1) • CU I :::.,... ~-;~ OJ ~Z~N Eo~~ o co u ~ ~ ~ U ~] ~~8 _ »00 rJ).!!0'I .OOOl§ ~> ... -~ ... OIJ o ~] ~~~ ~~~ ~ -. ~~~ ~~~ Project NUIIlMr: R-1973 Dl1Iwl.,s.tDa": tl.03.Ol ·.'11-11&. ,lOll) ••• '.0'-" •• '.011) ...... 10 ••• ·YM 'a.Y'lIo". . LI ""NlliiNI .• 11.1: z 0 I-« > w ...J W J: I-0:;> 0 C/) j....: C/) -' '" ..,. 3d uj!! z 0 I-« > w ...J W I- C/) " « '; w!! 1.:l31.IH:lUV lialfpeuou uaAalS S0096 uojliU!4SeM 'UOIUS~ peo~ ,{slIet\lse3 'l? °IS IS~v °MoS ~31N30 lVNOISS3~O~d 3ZV8 z 0 I-« > w ...J W I- C/) " w'; ::l: !! z 0 I-« > W ...J W J: I- o::~ 0"; z!! ." ~ ,t, I 1 I .~~ .. I- I I LEASe SPACE' ~ I I 1 I I 1 1 @AlE ~HIROPRACTiC OFFICE =l 3.033 lET Sf I 1 1 I I ==~ I. J" I ". -1 1 1 I I -=~ I I .1 L ~r~:--=-~J-~_ ~t ___ 1--=~JC~=J ..... -". ""',T .-F .... '·Q-Q .. R-rr[·-.,..·N~ .. -'EB""""', IYJ f."\,1 l'fl. ,_.r-'. . ".r.:_ n .. _ ...... . "1m". t'.o(1." . I-T--;r----n----:i---~---:,-l I II __ I ____ 1 _____ 1 _ II _II I L__ ==~ r--I I I I I I 1 I 1 1=-==1 I I ~ I 1=-. , .... ..,,, 1 1 ==~ I I 1 I I '. I ~--~.~~~~~ I 1 . ==1-"--1 1 I Ii I I d I CORRIDOR I I I I I I I ~== 1" I ,I I III F=I I . F==' l.EASE SPACE ~ I I 1 1 -~t I II I I-'L_...l . I I I ==, I I I I r~~ I ~--~'--. Ii., --'"--r-.... --"Ii", r I L_L __ ~ ___ ~ ___ ~ ____ l __ ~_~ ==~ UP P E R.FLQQRP[~~:N "118··,'-0" .- " -: : = . • c · . . " ...; :: : · . . ::.. t-e» U .III ." Ul " t-"! g::. :c c: U e» g:: :> e» < ... C/) 0:: W I-Z W o ~ .. ~ z!ll 0';,,;, -0)0 (J). 'iij .. :il (J) >0> W1;;8 ~~:r !£iif(Q !. :.1;;3: w .... ··c ~;~ al enD:: vo.T.f!f«2 OfIE!NIal/ERYMJnftMo\,' .............. .-, \-' .-...... "",-...so v •• '" IEXIST.IIAH-........ '- IOOIT. ASPtW.T ! k=~_- BURGER KING ~PSlIlllP-01+tl 1 I 1 1 I [EXIST.F1AftMllWfl' I """.CUI1I ----) S. W. 41 sl. ST. "I ---To ---- ... __ "':CUI1I~ .. __ . __ _ ~jJ S IrE PLAN rT\ \::'OOST .• ",,,,,,",,,, t-·2f1-4T V PROJECT INFORMATION SITE AREA: BUILDING FooTPRINTI MAIN FLOOR AREA: UPPER FLOOR AREA: TOTAL BUILDING AREA: LOT COVERAGE: PROPOSED IMPERVIOUS SURFACES: PAVING & SIDEWALKS: ROOF' REQUIRED PARKING: 35.000SF 1,083SF U33SF 13,705SF 2023'4 111.27OSF 1,7011SF NET AREA· 10.I4SSFI2OOSf PER STALL-So4 23 STAlLS REQ'O LANDSCAPED AREA CALCULATIONS CITY OF RENTON STANDARDS THE FOLLOWING EXCLUDE THE 10' SETBACK FROM 4,.1 ST. GREEN RM;R VALLEY PlANNING AREA' 2"110 OF ENTIRE sITe. 2'4 OF 35,OOOSf OR 100SF PARKING AREAS 5'" OF PARKING LOTS. 5'" OF 15,I50SF OR 8Q7SF TOTAL LANDSCAPING REQUIRED 1,507Sf TOTAL LANDSCAPING PROVIDED' 1,210SF. 2015'4 OF ENTIRE SITE OR 4411% Of PARKING LOT · . o 0 . "'''--;: • 0 • = =: · .. · . -o • ~ :. :>'11-.: u ~ "' c:.:: c:.:: C QI :> QI ... C/) a::: w I-Z W () ...J « Z loll I- :c u CI:: < 0'0 (f)~ (f) ,.,'" w~g u.. ~:ll O~S a::: LU c> Il. '" ~ uJ~ W1ii~ N;;: " <C . .e ,.,.. ~ iii ..... en D: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ~ Z ~ ::i '-'5 CL ~" t~ ~~ is ~;j en ~CJ ~~ 0" 8:2 S~ <i1 :: " , !! r..z fi 00 I~ ;.."" j~ ",,[j ~. u~ r! ~I ~fi ~~ II'W' ---.- ~ I ~!! J!: I I~II,!I(JI~II I N w-tE S , \00\ ~,~~~t~ ~l.'!'~ .. 1N'PtNC 1[[../ "'I~' •• DI ,·rN{VIJIJ\.J ""'." • '·'U_/SO: Ml[T '.'lllt (COI11I1CTtIIw.IJ. 'ItlIf'T ---~~" WATER & SEWER PLAN 1" =20' &-J Cramer Northwest Inc. r ' ENGINEERS, SURVEYORS '" PLANNERS ~ U5N,CENTRAL,.sn,,'OA,K[Hl,WAIIOSZ (25J)852-.,,0 (Ieoal) .r 1-(100)151-018. (tell ,,..,) (Ul).S2-Un (' •• ) [-M411.i ,"tOcramlmw.co," WATER & SEWER PLAN BAZE PROFESSIONAL CENTER ~J:rS( ~~ ::1~~ f&f=~~"rc: M WATtIt UnJTY. LOCATED IN THE N,E, 1/4, OF THE N,W, 1/4, OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, KING COUNTY, WASHINGTON W,M" 2. AI ..t ",GIn. ltd lit h tafI'--.1\11 tilt ,IClllkrdl oMIlP'dfttoIlI:nt 0' til, 01, •• " .. ten F'Iortnhj/lluldhg~ .... 0.,.1", .. , eM tilt 19911 ",11on 0' till BOT/""'" SIorIdar." SiHdllcallont. " ...... ...." end modlllld b, thl CII, 01 R..tGfl ... 1111 11 ... 1"" 5''-' PIonI • SptcHlcclklnt. A'" 01 llWlooM pm .... ~ be .~llIII II'. " III iknn cLrw, Clll'l1inIc11on. lb, h~rt" liliiii "'lilt ,Irttt ~t 01110' ..... III IMI~H 10 IlII MlI.110 l'1li GIl ...... ,,~"'"' It""'" wowd iI_J\kIt~, l1li Public.,., Otpcrlrritntot(425)4lG-7lD1. ThlPaklo.,.Im .. I.fl"tD.,ar\IIwII,cN.tI ... .-.. notIllH24 ....... h~ot ... , ...... ""llf'Itof ... ,. 4. M 1_' ..... 01 .... , .... wlllUn "'"" en W ...... ,. IIIId K "'~ III Ihi caoIrGl:lar', rnpGn.bl", 10 'oIIIf, 1111 INI !lid _lei IocoIIan l1li • to IMIId domoll' ... dII1...w.e.. fOl'loIIln,lacal.cmI4&-hcuIoeoiOl',"U4-!I!IM, ---------------------...,..,.""" ...... ),,,...·IPW" S,", 41ST STREET NOTt: i =::r.=, T~: IIC:': ::!t I=~~ bt~=I~~~9't=C~1'O :r~~t Of 101m rtoItIan. Ihlrinlll CIoa U r.... .. llIICII1ar ...... end MIll_I", lIIali C",/orlll to An" Cl04 II' Iotn! miIm ,.. ,IokI11 to bt pull\·011 01 medMrllt")llnl BtdcIII910 btl Ooa C. MiNelli Loon"" and mllnqil 11111 III , .. ,..,.""" 'lf1JPPld ~ IJI":A/"ft", C105/0\21.~U 'I ..... 7. ent nn., Mil, "-' 1111 ..... III'" lit _11InId, fII' __ ,.1" CIII not"' III! ,.... .. oMI ... acar4cllc. '11th M/An" CIIO/A21.11)-87. t-Ilhnt IhaI bI III _ .... ee .tI~ U.9/AwrA CI04/421/4-1O. If ftttiIQI arl 3 10 12 helltl III dlemll. nI ho¥I "'tdI~ ~I .. lilt ftl""" IhaI h -uanc. .tIh IIlh. U.9/AlfIA CI1G-A2I.IG-17 ar NI9/A'ftfIA ClWA2UJ-t4. JhRt (3) IndI to 12 nell diIMI. 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SIDE SEWER NTS I~ D I· "' i:' Z ~I :s u'" 0. ~'Z ~ ~a5 0 Et; LA _I 6 Vl; t;:CO U 0", Z "'o 0 O. ( .... Vi "> 0 N '" ~ m l~ ~~ d >-f-< ~..; t: tJ {~ U~ I! ~t ~~ II~ -r-- J::I ~!I I~[([,I~JI:[I E , o -,-, ~~ •• ' I ~------~a~~~ ..... "'" -l------;---........ OIlI~ ~ ..... ~I ~ \ LOToS J'.DOOtSO.rr. (O!Ot (CRt) \"" EROSION CONTROL PLAN BAZE PROFESSIONAL CENTER LOCATED IN THE N,E, 1/4, OF THE N,W, 1/4, OF SECTION 31, TOWNSHIP 23 NORTH, RANCE 5 EAST, W,M" COUNTY, WASHINCTON "" .. &'tit 3~11I 61 &",411,61 ~I ~"'\ ,~,! ~ ",-:-1'---~ 4U L') 'v" r I. / i~ '~'t ./ ' "'1""·G9nt1'N" ...... I ..... "1 ... ~ ..... M ..... VICINITY MAP TEMPORARY EROSION CONTROL SEED t.4IX r~~ " W.I<;Iht "Purlty I" O,rmlnatlon h-."l,..;.~' .. t~. ~::::::=_ .. _u .... ~O~~I.7~ ..... ,-- .Glop or COlonial blnl9roll ..................... KI h-'r ~cf\-clonr .............. " .. " .. " ------------------------------------ -,-s:t!rllrfW '" '''------,---,~ ------ ---~.!..!:!:! --------------~'\ EROSION CONTROL PLAN 1"=20' &.r Cramer Northwest fnc, • .1.', ENGINEERS, SURVEYORS &< PLANNERS ~ ~ U, H. CENTRAL., ST[. ,'04, 1([IlT, WA 11012 (253)852-4UO lI.eol) or 1-(100)251-0,., (I'll "M) U.5"}l5J-"" (t •• ) [-"' ... 'LI GIII.crom'mo,eDm -..,.,.. ..... /IIaI.J ' .... m.t" S,,,, 41ST STREET N W*E S GRAPlDC SCJJ..E t -·20' 20 20 LI'OAL DacJUPnON: r.uIlllC*tClfrlrrrLlOllt1DtIOJlJur-TJJ lOT'OI~~A""'IWIT"'. ACCCIIIDMfOMl'Ur~~oAMCJO. ,.., .. IQ.IM£ '" 0I1'U'" """II rNItOJGH II ~".,. mMlJOHH.IIt ftC COUNIT. BPCHJlA1U{; DAreJl: M;)j\'IHM4/IICMI\IfII'TIOII.IIlJ\.llllOlI"''''tfcrrrCll"~ ~.g,~~JNTERV.u.: AIIBR1VUf'fOJllS ., , " ~ " !ocv ii-f r '" U12&li/l;. DISCRlI'f'/DII swr~sPu .or nl'\ll.ncws """'"" --"""'" JMlfrNrYSPflI'Cl£UIIOIIT KIF ~ ~ .... ~o , i:n f EJ c:;:J -""'" __ n """"""" _m, .. " UlSf'lNQ J!..-~!O!.'! I~_uwr'! = c:;:J r!...!.! o • • c II • o ~ ® CD> .. § I ~ I c.. c.. c.. I 5 z :5 g c.. u15 f--~ "'~ ::. 2(IJ w 0 6 ~;l '" !:'(IJ D- 0« ;;; «0 n.~ 8 w N no « Vi CD ~~ fl ~!:;; ~~ r.:I l- Ull: 'I fI'~ ~~ 'I ! ~~ ~I:I -", '·1 I I~I,!I,I!,II:I' E ~ o iii I "'I . I ~ l o-·:-~~' J ~L~ ..-"'" 2 -........::::J1-'D~---- I ~14t~~~;~~~", Lor, J',OOO:tso.rr. (o.ao:tACRC) 1Li1_ STREET IMPROVEMENT PLAN BAZE PROFESSIONAL CENTER LOCATED IN THE N.E. 1/4, OF THE N.W. 1/4, OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .. .. " KING COUNTY, WASHINGTON r' f..,~·:t· %.:~U~%I"~ ~ ~~' -:::, K ~-_ ~ ~ , ---/ ,.'* 0 ,!.. .... II I I i'l '. I I lot. BTL 1/3. FRONTAGE IMPROVEMENTS 1/2-X"-EXPANSION MATERIAL I/""R AT JOINTS ~ ----------------------~C~i5R8El£~:~Ng~OL~ MATERIAL. 1/28R .....,..,.,., ....... tIIS&&J, ...... a.." S.". 41Sr SrRZSr -. ... IllIlIt"1JiI.-. - - - - --!!!!!!!!!!.":!::'-- - - -=:~~ 1/4"/FT . 1/2-R PAVEMENT AS PER PLANS J STANDARD CEM. CONC. PARKWAY CURB AND GUTTER N W+E S GRAPHIC SCALE t··20' 20 20 ~: OI.M«JCIN'T! SHAlL III: PUC[ONOTTOtKCtEO IS' ~c NOlI LISSTIWI 10' C/C. lHEY SHALL 1"9i·f~S~s!.Gl··I~N=lf:TS:!1D~~N~J;D8[a!t~~~~ ~ OOtNO,' II[LOW CONCAtTt Ui!s"==~£J~~~i~:~~~1Ji:7j;[t~"1'~~~l~!:~ SIW..l. CONrOllIol TO THE II[QUlIIEWDmi or CWS • (l/4, WITH '*''' [NlMlNWEHT. lH[ CONCIIm SIoUU HAY[ A IIIIOOI!I FlNISH WIf1.I AU EOOtS IVIWlD" Z","TOOU:O '"$H. SUlIGIU()[ COMPACfION SKAl.L at toll (WODIn£D fIWOCTOII) P""VEMENT AS PER PlANS STANDARD CEM. CONC. CURB AND CUTTER STREET IMPROVEMENT PLAN ~ SECTION 8-8 1"=20' ~ Cramer Northwest Inc, DTL 2/8. SIDEWALK NTS .... ~, ENGINEERS, SURVEYORS '" PLANNERS ~ 'f 145N.CENTRAl,Sn."04,IC[NT,W.tlO32: (25S)152-411O (10001) or 1-(100)251-01 •• (Ioh fN.) (253)152_4155 (10.) 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IIIA,KINOS _nfC1!IIC~1IDI ~ .... ftlIIUIMCf ---&--St«llS(lMCI :J( GRAPmc sew 1'"·20' 20 20 BASlS or BEARTNGS: ICAIIINC1S SHDII't NCIIfOIrt IIItC auro 001 TN( etJm1II,lN£ CI' s .. .,rr$""rr.IItNl~ ... J7,orlll"Sl'.ilSSHOIIHOH I'HoOrlilJlltWofGllTr~"'COIIO(Ow\Q.IAIl"'OIl'\Ats. ,.'""I.-I!.UfCI(It~fIO..,.,.J01 .... If{C'CMOI Of.l<ll«lCOlMTY,~ LEGAL DJ£SCRlPTTON: (A5SH011HCWfllUOIIOl'ItHO. lllll'-'J) tor. Of-.wGTOHHOII1HfIlH. A ~ 5IT£Pt.AN. ~JtIrHC/'!.oIrTHPfIYMC'OIID£DJlJHCJO. 'tUINI'OlUllfI"0I~1'f.1"AGC5.""..ouGH11 U/jOlll MC'OIItWCl ~ UOUOlf ... 1N KING COUNTY. ~-"" RUERENCE SURl'nS: I. ~O$. \Q. ... PC :107 lItOS,\Q...IO.1'C. I" N01WS: 1.rHlfSt-".-..s"'IIfONnI~fH(8OoJ(1JT ()I" A C!IIIM"Ntmu "I"1'O.'1_rNfIIff1)lt{DOn Hel1 ~ 10 _ ...u. CAStWM"S. CCIof/Wtf1, COHCWIIONIOit-rsmcIll»ll.If_. =rt,~S.J::'"o:,~~~=:rr VERffCAI. 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U i. u, a ~~ I_Z . -;i ,~ u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 S310N J;> SlIVl~O ~3>tv8 l~~Jg~~ 3ZV'6 Cl31N3J lVNOIS ~****~·***************************·****~I·~**************************************~, , . L el' ~ l: !/,,-, . ~.' IL J ! * BATCH NUMBER SS ---:::> : : COMMENTS -r ~ ,'vcr ~ .... -:+:fZ I I. * CUSTOMER NAME A.R.S.CONSTRUCTIO jl! ODb~' r I * I' ~ } ~"&"~""'''''''''''''''''''''''''---''''''''''''''''''''''''''''''~''''''''''''''''''''''''''''''''"~~~~--A:'~-''f'-:'.A.. ...... -..&. ..... --,: .t ~""""""''''''''--+''''''~~''''''~~'''''''''''''''.fA-~ ........... ~ ....... ~4I-''''''A:~~'''-'''''!~. ( 392680-0060-05 I PRINCIPLE C I 801 NO V DES MOINES IA l __ . . . . I rJ.25360~0030-03 . :1 ACT III THEATRES 801914 'I 7132 COMMERCIAL PARK OR : I KNOXVILLE TN 37918 125360-0040-01 GRIFFIN-SCHOEN PROPERTIES i~4800 PACIfIC HWY S [ KENT WA , I , :( 125380~0170-09 :1 4060 LIND LLC !I C/O WILLIAM GIIMONT MGR il PO BOX13534 :. MILL CREEK WA :r 1 392680-0040-00 VIROPA LLC C/O WESTLAKE ASSOC 2810 EASTLAKE AVE E SEATTLE WA 1329999 98032 201418 98082 --- 962929 .98102 I ) :"'-~==========================~ !( 392680-0050-07 ) :1 PRINCIPLE CAPITAL MANAGEMEN289999 I It 801 GRAND AV .. _____________ lL DES MOINES IA 50392 _J : ')! 392680-0060-05 . uu .... "~~ il I PRINCIPLE CAPITAL MANAGEMEN289999 : 801 GRAND AV DES MOINES IA 50392 1 I .-/ )! ----'::========-===========-=-===-=~==~===::.==::.:::===:...::: "\ I ·1 ;1 392680-0070-03 KIRKEBY TRUST PROPERTIES 331154 14900 INTERURBAN AVE S #210 SEATTLE WA 98168 , \ / 1 •. ==c·=--:...;;....;;;,.. _____ ==.:.::.:::.:.~.-------. ---------=--.c..-__ _ ~----- ). 5 e.f~ {(ID-ILI/ij /a6tis J-30 Of r;t/,-us maps I I l~_-- BOEING BLDG. 7-8 ... 8 ----..g~.t KENT ST. 5 Cl Z -1 80 ~ @) 'W ~ l: .. ... .... ~ Iioo :9 ( ~ N 3'34.27 /fA"RO A 0 R/W BURLINGTON 10 . ~ 3 BUR LIN G TON NOR THE R \ 't -_N...o fLT H _E-.R N I N 0 US T R I A L2 p! i~ K:s ---6--It flD' (/T1~-£~i ! 5 .;, .~ 4 b'.? SITE Po_i ~ N o F R E N TON D I V. I r l: · ~ 'l I: II S.W. 515.11 1-____ ---. 4174 4170 4162 4160 88.0l I . I 166 61 .' 105.61 41ST ~ , ;; " . "''''.? Q 1 3 1 ~I:) ~~ 1 Et 136." (4) CITY ~F RENTON Kathy Keolker, Mayor Planning/BuildinglPublicWorks Department Gregg Zimmerman P.E., Administrator May 30,2007 NoriARoman Columbia Bank 25 16th St NE Auburn, W A 98002 Subject: . Release of Assignment of F.unds Temporary.Certificate of Occupancy Baze Professional Building, B050158 (LUA04-016) 200 SW 41 st Sf Renton, WA Dear Ms. Roman: This letter will serve as authority to release. the Assignment of Funds-in' account number 70002.28424 in the amount of$15,000.00. This Assignment of Funds 'Was posted with the City of-Renton on behalf of Leigh Henke on March 2, 2007. The originarsecurity device .isenc1osed for your files. If-you have any questions, please contact meat (425) 430-7280. . '. Sincerely, ~""~ ~kling· . Building Official , Cc: Auburn Remodeling Specialty Construction Attn: Leigh Henke' . 19104 SW 440th St Enumclaw, W A 98022 Jan Illian, Engineering Specialist File LUA04-016 ;; . -~--""'-:---'-'l-05:""5-S-o-ut-'-h-G-ra-d-Y-W-a-Y-'---R~en-t-on"':',";"w-a-sh-'-i:....Iig-tO~l?~.;-.,.98-0-57-. ------..• ~ .ICt\. '. . . AH~;AD OF THE CURVE \trJ This p3per contains 50% recycled material, .30% post consumer CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 6th day of May, 2004, I deposited in the mails of the United States, a sealed envelope containing Final Approval documents. This information was sent to: Leigh Henke Owner W.H. Baker Owner Randy Baze Owner ~~c~.~.\ (Signature of Sender): .-.... ..,.IVI. ~ ••• ,~ , ~~~~~~~-X~~~~L-______________ ~~~~v-~~~.~.~ ~' • .,i(\ 'I SS COUNTY OF KING ~OTA~y~\ ~ (/) . ~ .. --: ~ . PUBL'C i ~ 1 (I)" ". ... 0 ~ ,. • ... . I'. -.,~ ·· .. ~·29-oY~~.: . ($'" •••••••• ~~-- I certify that I know or have satisfactory evidence that Stacy M. Tucker OF Wlt.SV' ........... signed this instrument and acknowledged it to be his/her/their free and voluntary act for\\"~m'9s and purposes mentioned in the instrument. Dated:_..=.5J-L.l.-=2Q.J.£/1~-,-v_ Notary (Print): ________ 1t"Irn.......,......,..,rnm=-------------- My appointment expires: MARiLYN KAMCHEFF MY APPOINTMENT EXPIRES 6-29-07 L~r,-u ... -u16, ECF, SA-A template -affidavit of service by mailing ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Ban Professional Center PROJECT NUMBER: LUA.()4-016, ECF, SA-A LOCATION: North of SW 41s1 Street and west of East Valley Road DESCRIPTION: The applicant Is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two·story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and Is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre·load the site with 1,310 cubic yards of fill. 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 land use decision must be flied In writing on or before 5:00 PM April 26, 2004. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-B-110.E. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-8510. BURLINGTON , ,BURLINGTON NORTHER -~. 2 ! ORILLIA INOUSTRIAL P ~ OF RENTON 01 V. I S.w. 41ST i~ u.i :ii * 0 z ::i FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. CERTIFICATION ......... ,""""" .... olll.lA.C·L '" .. ... ~ 1""'" .-t~ It .--,'.'~ •.•••.•• ~A " -..... ' ... E '. "A , .~ ~ .·~\o" X,oi." ". 'i j;' ~ .. '~ ~". ~ : ~:'1 O",(/l.RY~'" \ ;' ~:O ~ ..-~ ~ ,,'. .~ • Z ~ (. :0 , "V :0 ~ .~ .. PU6\.." : ~: " . . '" ", ". "",\ ." (!1 .: ~ •• <1'. '. 62.,.·v •• ...s:-" r'. -11' ".~.. -1,., ..••••..•• ~""I;' --, "" l: OF ~~ ....... - I. ~~~ • hereby certify that 3> copies ofth~"'''~''''--' above document were posted by me in .::s ~iCUOUS places on or nearby the described property on ~ ~~ . . ... Signea:;;md~ z&~ ATT~ST: SUbs~~be~~ore me, a NO~bIic, in and fo;state of Washmgton resldmg 1 ,on the tl. day of ~ r::;;;M?o;(I . MARILYN KAMCHEFF MY APPOINTMENT EXPIRJ:~ 1:_?Q_07 · ; .. CITY OF RENTON ,~URRENT PLANN.IN~rDIVISIO~. AFFIDAVIT OF SERVicE BYMAILING' On the ninth day of April, 2004, I deposited in the mails of the United States, a sealed envelope containing Environmental Review & Administrative Land Use Action documents. This information was sent to: Agencies See Attached Leigh Henke, Randy Baze, W.H. Baker Owners Pacific Exchange Company Owner Steve Radkey Party of Record N ~·~"'t "':~a\ J~~~~~~~~~~~ ____________________ ~~~~"'~'()~~~~~ STATE OFW ~r~~).1;\~~ ss Au,·.... :: : COUNTY OF KING ) ~ \. Sue ./ i (t-.~~ .' ~ .-0····.'9-07 .. ···0"':- I certify that I know or have satisfactory evidence that Patrick Roduin ~i~ASH\~e~-------- signed this instrument and acknowledged it to be his/her/their free and voluntary act fo'~lt1e~~~s and purposes mentioned in the instrument. Dated :_--'SI::......l'--'Z.::....:~:..:....:lcJ'--'y'---_ ate of Washington Notary (Print):------flI\rM/lAIIfiIRI~l',.~.ifl'fA~&~mHlHEFFOFF-----________ _ My appointment expires: MY APPOINTMENT EXPIRES f\.?CI.n7 Baze Professional Center LUA-04-016, ECF, SA-A template -affidavit of service by mailing Dept. of Ecology * Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region * Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers * Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor' Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -Stewart Reinbold * Muckleshoot Indian Tribe Fisheries Dept. clo Department of Ecology * 3190 160th Ave SE Attn. SEPA Reviewer Bellevue, WA 98008 39015-172nd Avenue SE Auburn, WA 98092 Duwamish Tribal Office * Muckleshoot Cultural Resources Program 14235 Ambaum Blvd. SW -Front A * " Burien, WA 98166 Attn: Ms Melissa Calvert 39015 172nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division * Office of Archaeology & Historic Environmental Planning Supervisor Preservation' Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, WA 98104-3855 Olympia, WA 98504-8343 City of Newcastle City of Kent Attn: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom, AICP Director of Community Development Acting Community Dev. Director 13020 SE 72nd Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster, Responsible Official Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Eric Swennson 700 Fifth Avenue, Suite 4900 Seattle, WA 98104-5004 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application .• Also note, do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template -affidavit of service by mailing I NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) DATE: March 4, 2004 LAND USE NUMBER: LUA04-016, SA·A, ECF PROJECT NAME: Baza Professional Center PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approvaJ for the construction of a two-story professional office building totaling 13,705 sq. fl. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 sl Street. Approximately 55 surface parking stalls would be provided. The project also Includes the Installation of landscaping, e pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor Is the known tenant. The applicant is proPOSing to pre-load the site with 1,310 cubic yards offill. PROJECT LOCATION: West of East Vaney Rd. & North of SW 41-5t. OPTIONAL DETERMINATION OF NON-5IGNIFICANCE, MmGATED (DNS-M): As the Lead Agency. the Cily 01 Renton has determined that significant 8 nvlronmentai I mpact5 a re unlikely tor e5uft from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton Is using the Optlonel 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 t he Issuance 0 f the Threshold 0 etermination 0 f N on-$igniftcance--Mitigated (DNS-M). A 14-day appeal period will follow the Issuance of the DNS-M. PERMIT APPLICATION DATE: February 23. 2004 NOTICE OF COMPLETE APPLICATION: March 3, 2004 APPLICANT/PROJECT CONTACT PERSON: W. H. Baker (253) 332·7172 or Leigh Henke (253) 332-4449 PennltaJRevlew Requested: Environmental (SEPA) Review, Site Plan Approval Other PermIts which may be required: NiA Requested ~tudles: Storm Drainage Report, Geotechnical Report Location where application may be reviewed: Plannlng/Bulldlng/Publlc Works Department, Development ServIces DMslon, SIxth Floor Renton City Hall. 10S5 South Grady Way, Renton, WA 98055 CONSISTENCY OVERVIEW: ZonlnglLand Use: Project site is designated Employment Area -Valley (EA-V) on the Comprehensive Plan Land Use Map and zoned Commercial Arterial (CA). The proposed professional offICe building appears to comply with the applicable CA zoning and development standards. ! I Proposed Mitigation Measures: The following recommended Mitigation Measures w Ull ikely bel mposed 0 n the proposed project to address project Impacts not covered by existing codes and regulations as cited above. Fire Mitigation Fee: equivalent to $0.52 per glOSS square foot of new commercial buDding area; and Traffic Mit/gat/on Fee: equivalent to $75.00 per each new average weekday trip attributable to the proposal Comments on the above application must be submitted in wrttlng to Susan Fiala, Senior Planner, Development Services OMslon, 1055 South Grady Way, Renton. WA 98055, by 5:00 PM on March 18, 2004. If you have questions about this proposal, or wish to be made a party of record and receive additional notlfJcatJon by maD, contact the Project Manager. Anyone who submits written comments will automatically become a party of record end will be notlfJed of any decision on this project. CONTACT PERSON: Susan Fiala Tel: (425) 430·7382 PLEASE INCLUDE THE PROJECT NUMBER WHEN CAlLING FOR PROPER FILE IDENTIFICATION o z :::; ,BURLINGTON NORTHER 2 ORILLIA INDUSTRIAL P 5 OF RENTON DIV.I a S.W. 41ST I Environmental Documents that Evaluate the Proposed Project: Geotechnical Report, Drainage Report and SEPA checklist. If you would like to be made a party of record to receive further information on this proposed project. complete this form and return 10: Cily of Renton. Development Planning. 1055 So. Grady Way. Renton, WA 98055. File No./Name: LUA04·016. SA·A. ECF I Baze Professional Center I I Development Regulations ! Used For Project Mitigation: The proposal is subject to the City's Environmental (SEPA) Review Ordinance, Zoning Code, Subdivision Regulations, land Clearing and Tree Cutting Regulations, Public Works Standards. Unifonn Building Code, Uniform Fire Code, and other applicable buDdIng and construction standards. NAME: __________ ~--------__ --------------------___ ADDRESS: _______ ......:....:.... ____________________________ _ TELEPHONE NO.: _________ _ CERTIFICATION ~ ltAf~~~1-7-4~...=.!:::~--' hereby ~rtify that ..:.:s copies of the ent were posted by me in conspicuous places on or nearby d property on ¥¥2.LJO;t' . """'"'''''' S· d .:-,,;~ KAMe •••• 19ne .~~~!:::::..:~~=---~~'43 .f~"'. .. ···i.o;;···.~~ It" ATTEST: Subscribed and sworn before me, a Notary Public, in and fo?,!~ ~ o. ~!' . i ~ l~~S ~""~.;;.~ '\yashington residi~~"l'" ' on the ~i± day of lLpAt ~ ~'-I ; :/ ~O"TAFiy ~\ ~ ~ MARILYN KAMCHEFF ~ ~ -·-r. 1 !. MY APPOINTMENT EXPIRES 6-29-07 ~ ~ PUBL\v : ~ : \cP'" ':0; I. ~ ". ~29 ,,1 "',.z:, -..,., 7'111.. •• g. -v.· U'-'f '1$-••••••••••• t..J;",,~ ---••••• OF w,..s~ .......... ,\,\"""",~ CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: May 6, 2004 To: City Clerk's Office From: Stacy M. Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Baze Professional Center LUA (file) Number: LUA-04-016 Cross-References: AKA's: Project Manager: Susan Fiala Acceptance Date: March 3, 2004 Applicant: W. H. Baker Owner: Leigh Henke, Randy Baze Contact: PID Number: 125360-0050 ERC Decision Date: April 6, 2004 ERC Appeal Date: April 26, 2004 Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. Location: 150TH BLOCK OF SW 41ST Comments: ,. 1 11 11 Ii '1 I I I j t !'t J STATE OF WASHINGTON, COUNTY OF KING } AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order o( the Superior Court ofthe State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Notice of Environmental Determination was published on Monday, 4/12/04 The full amount of the fee charged for said foregoing publication is the sum of $99.00 at the rate, of $15.50~ch for the first publication and N/~ per bsequent i Lily Nguyen Legal Advertisin!tRepresentative, King County Journal S?t:bScr" ed and sworn to me this 12th day of April, 2004. ~ \\\\\\\11111//11/ \\\ • III ,\ \'i'EAGL. // ~'\. ~ .• :.t-...... /7~ /~ Tom A. Meagher ,.::: ~ /~~s\on 1:>;1>:;";: ~ Notary Public for the State of Washington, Residing in Redmo!!n~~fiin~tR~ Y "", \ %. Ad Number: 841132 P.O. Number: -: u \\10 0 __ : Z :: Cost of publishing this notice includes an affidavit surcharge.:: \ p-\...\~ j J2 ~ ~ '. U~ '\:0 ~ -;;. 0\'. "".'~ ~ -/ /" • .,., 'l. .' :<;" ;;:. 'l -"1,.. •••• AY 7 .•••• • .l>.' ~ 'l / f: ........ s" ~ II/III 0 F \fJ po. \\\\\'\ ////1111111\\\\\\ -NOTICE-OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a 'Determination of Non-Significance- Mitigated for the following project under the authority of the Renton Municipal Code. BAZE PROFESSIONAL CENTER LUA-04-016, ECF, SA-A The applicant is requesting Environmental (SEPA) Review j' and Administrative Site Plan approval for the construction of a I two-story professional office, building totaling 13,705 sq. ft. The ~ 0.80 acre site is zoned Commercial I Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a ' pedestrian walkway and nec-' essary utility and street improvements. A chiropractic I office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. Appeals of the land use decision must be filed in writing on or before 5:00 PM April 26, 2004. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required ·$75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are gov- erned by City of Renton Municipal Code Section 4-8-UO.E. Additional rinformation regarding "the "appeal iprocess may be obtained from the Renton City Clerk's Office, (425) 430- 16/PO. , ,PUblished in the King Gounty ,Journal April 12, 2004. #841132 ~ r-.' Kathy Keolklir-Wheeler, Mayor CITY ~. F RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E.,Administrator 'May 6, 2004, W. H. Baker L.B., Inc. 19104 440th Street SE Enumclaw, WA 98022 SUBJECT: Baze Professional Center LUA-04-016, ECF, SA-A Dear ML Baker This letter is to inform you that the ,appeal period, has ended for the Environmental Review Committee's (ERC) Determination of Non-Significance ~,Mitigated for the above-referenced p~ect. ' . ' No appeals were filed on the ERG determination ~ndon the Site Plan':,Approval. , ' , , ' This decision is final and application for the appropriately required permits may, proceed. , The , applicant must comply with all ERG Mitigation Measures and Site Plan Conditions of Approval. If you have any questions, please feel free to contact me at(42Sf 430-7382. , " , For the Environmental Review Committee" Susan Fiala Senior Planner cc: L. Henke, R. Baze fOwners -------------lO-5-5-S-ou-th-,-G-ra-d-y-W-ay---R-e-n-to-n-,W~aS-h-in-g-to-n-9-8~05-5-------------·~ * This paper contains 50% recycled material. 30% post consumer AHEAD OF THE CURVE Kathy Keolker-Wheeler, Mayor , April 9, 2004 W.H. Baker L.B. Inc. , 19104 440th St. SE Enumclaw, WA 98022 CITY. RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Project Number LUA-04-016, ECF, SA-A f Baze Professional Center Dear Mr. Baker, , , This letter is written on behalf of the Environmental Review Committee (ERG) and the DeveloPment Services Director and is to advise you that ttiey have completed their review of the subject project. The ERC, on April 6, 2004, issued a threshold Determination of Non-Significance-Mitigated with Mitigation Measures. See the enclosed Mitigation Measures document: The Development Services Director, on April 9, 2004, approved the Site Plan. Please refer to the staff report and decision enclosed. ' .. . . . Appeals of the land use decision must be filed inwritingon or before 5:00' PM April 26, 2004. If no appeals are filed by this date, the action will become finqL Appeclls must be filed in writing together with the required , $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton MuniCipal Code Section 4-8-110.E. Additional information regarding the appeal pro<;:ess may be obtained from the Rel)ton City Clerk's Office, (425) 430- 6510. The preceding information will as,sist you in planning' for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call meat (425) 430-7382. Susan Fiala Senior Planner cc: L. Henke, R. Baze fOwners Enclosure -------}-OS-S-s-o-u-th-G-r-ad-y-W-ay---R-e-n-to-n-, W-as-h-in-'-g-to-n-9-g-0-S-S------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE Kathy Keolker-Wheeler, Mayor April 9, 2004 Washington State Department of Ecology , Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 CITY. RENTON· PlanningIBuil<llnglPublic Works Department Gregg Zimmerman P.E., Administrator ·subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on (ERG date): DETERMINATION OF NON·SIGNIFICANCE·MITIGATED PROJECT NAME: Baze Professional Center . PROJECT NUMBER: .. LUA-04· 016, ECF, SA·A . LOCATION: DESCRIPTION: North of SW 41 stStreet and west~f East Valley Road· The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq:ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Str,eet. Approximately 95 surface parking stalls would be provided. Th~ . project also includes the installation of landscaping, a pedestrian walkway and necessary. utility and street improvements. A· chiropractic office .on. the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. . Appeals of the land use decision must,be fil,ed in writing on or beforeS:OO PM April 26, 2004. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.E. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510 .. If you have questions, please call me at (425) 430-7382 For the Environmental Review Committee, Susan Fiala Senior Planner cc: King County Wastewater Treatment Division WDFW, Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office US Army Corp. of Engineers -E-nc-lo-s-u-re----I-O-S-S-s-ou-t-h-G-r-ad-y-W-ay-.-R-e-n-to-n-,-W-a-sh-j-ng-t-o-n-9-g-0S-S-------~ * This paper contains 50% ~cIed material, 30% post consumer AHEAD OF THE CURVE ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Baze Professional Center PROJECT NUMBER: LUA-04-016, ECF, SA-A LOCATION: North of SW 41,t Street and west of East Valley Road DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. 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 land use decision must be filed in writing on or before 5:00 PM April 26, 2004. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 O.E. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. ...... ILDG.. , ..... KENT 80 ,BURLINGTON NORTHER 2 ORILLIA INDUSTRIAL P 5 OF RENTON DIV. I s.w. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. __ ...1 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED ADVISORY NOTES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL: DESCRIPTION OF PROPOSAL: LEAD AGENCY: LUA-04-016, ECF, SA-A Baze Professional Center Leigh Henke, Randy Baze, W.H. Baker North of SW 41 51 Street and west of East Valley Road The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two- story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1 ,310 cubic yards of fill. The City of Renton Department of Planning/Building/Public Works Development Planning Section Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. 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. Building 1. Currently the 1997 UBC is utilized. In July 2004, the 2003 IBC becomes effective. 2. The recommendations of the soils report shall be followed. Fire Department 1. Separate plans and permits are required for the installation of the fire alarm and sprinkler systems. 2. Provide a list of any flammable, combustible liquids or hazardous chemicals to be used or stored on site. Plan Review -Sanitary Sewer 1. The Sewer System Development Charges are based on a rate of $0.126 x the total square feet of the building site. Estimated fees based on the entire site plan is $4,410.00 (35,000 sq. ft. x $0.126). Payment of fees will be required prior to issuance of building permit. 2. If food preparation facilities are proposed, a grease trap or grease interceptor will be required. It is not apparent on the plans provided. 3. If finished floor elevation is below 25 feet, a "tideflex" or similar backflow device will be required to be installed. 4. If floor drains are required by u ,e building department, the system shall b& _,rected through an external oil water separator and will be required to be connected to the sanitary sewer. Plan Review -Water 1. The Water System Development Charges are based on a rate of $0.213 x the total square feet of the building site. Estimated fees based on the entire site plan is $ 7,455.00, (35,000 sq. ft. x $0.213). Payment of fees will be required prior to issuance of building permit 2. Preliminary fire flow required by the fire department is 2,250 gpm. Three hydrants are required to serve this site. One hydrant shall be within 150 feet and two shall be within 300 feet of the structure. 3. Existing hydrants to be counted as fire protection shall be retrofitted with a quick disconnect Storz fitting if not already installed. Note on plan if required. 4. A water main extension is not required. 5. A fire sprinkler systems is required. A separate utility permit and separate plans will be required for the installation of the double detector check valve assembly to the fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Civil plans show location of device and should note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". For DDCVA installations inside the building, applicant shall submit a copy of the mechanical plan showing the location and installation of the backflow assembly inside the mechanical room. Installation shall be in accordance with the City of Renton's requirements. DDCVA shall be installed immediately after the pipe has passed through the building floor slab. Installation of devices shall be in the horizontal position only. 6. Landscape irrigation systems will require a separate permit for the irrigation meter and approved backflow device is required to be installed. A plumbing permit will be required. 7. Buildings that exceed 30 feet in height, will require a backflow device to be installed on domestic water meter. Plan Review -Surface Water 1. The Surface Water System Development Charges are based on a rate of $0.249 x the total square feet of the new impervious surface area of the site. Estimated fees based on the entire site plan is $6,361.95 (25,500 sq. ft. x $0.249). Payment of fees will be required prior to issuance of building permit. 2. Ad rainage report from Horton Dennis & A ssociates has been submitted and reviewed. T he drainage report dated May 15, 1996, states that an eXisting detention and water quality pond located north west of site (Act III Theaters), was designed and sized for future build out of Lots 4 & 6 of the Burlington Northern Binding Site Plan BSP 014-92. This site is Lot 6. 3. Applicant shall provide an erosion control plan at time of application. It has not been provided. Plan Review -Transportation 1. Full street improvements including, but not limited to paving and sidewalks are required. Sidewalk will be required fronting the site in SW 41 st Street. Plan Review -Miscellaneous 1. Construction plan indicating haul route and hours, construction hours and a traffic control plan shall be submitted for approval prior to any permit being issued. 2. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. 3. Rockeries or walls to be constructed greater than 4 feet in height will require a separate building permit and the following note shall be added to the civil plans: "Rockeries greater than 4 feet in height will require a separate building permit. A licensed engineer with geo-technical expertise must be retained for proposed rockeries greater than four feet in height. The engineer must monitor rockery construction and verify in writing that the rockery was constructed in general accordance with ARC standards and with his/her supplemental recommendations, in a professional manner and of competent and suitable material. Written verification by the engineer must be provided to the City of Renton public works inspector prior to approval of an occupancy permit or plat approval for the project. " Plan Review -General 1. All plans shall conform to the Renton Drafting Standards 2. 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. 3. Separate permits for side sewers, water meters, landscape irrigation meter and any backflow devices will be required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. 4. Applicant shall be responsible for securing all necessary easements for utilities and/or street im provements. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL: DESCRIPTION OF PROPOSAL: LEAD AGENCY: MITIGATION MEASURES: LUA-04-016, ECF, SA-A Baze Professional Center Leigh Henke, Randy Baze, W.H. Baker North of SW 41 51 Street and west of East Valley Road The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. The City of Renton Department of Planning/Building/Public Works Development Planning Section 1. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. 2. The applicant shall pay the appropriate Transportation Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the issuance of building permits. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on $0.52 per square foot of building area. The fee shall be paid prior to the issuance of building permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): APPLICANT: PROJECT NAME: . DESCRIPTION OF PROPOSAL: LOCATION OF PROPOSAL: LEAD AGENCY: LUA-04-016, ECF, SA-A Leigh Henke, Randy Baze, W.H. Baker Baze Professional Center The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional 0 ffice building totaling 1 3,705 sq. f t. The 0 .80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. North of SW 41 sl Street and west of East Valley Road The City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the land use decision must be filed in writing on or before 5:00 PM April 26, 2004. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, W A 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.E. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: April 12, 2004 DATE OF DECISION: April 6, 2004 SIGNATURES: DATE i I Dennis Culp, Administrator DATE , 2iJ:V~ Lee ~e Chief --DATE Renton Fire Department ~4 City of Renton 15.Q.1.a.La. i s~ 4J~id~ REPORT . \. ~nll..l'\, ~ IUIII! IU & Department of Planning / Building / Public Works ~\. lY,;, lJ R.u )''1 Mlr. DECISION ENVIRONMENTAL REVIEW & ADMINISTRATIVE LAND USE ACTION DECISION DA TE: April 6, 2004 Project Name: Baze Professional Center Owners/Applicants: Leigh Henke, Randy Baze, W.H. Baker 19104 440lh St. SE Enumclaw WA 98022 Contacts: W.H. Baker or Leigh Henke of L.B. Inc. 19104 440lh St. SE Enumclaw, WA 98022 File Number: LUA-04-016, ECF, SA-A Project Manager: Susan A. Fiala, AICP Project Description: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1 310 cubic yards of fill. Continued on next page Project Location: North of SW 41 sl Street and west of East Valley Road Exist. Bldg. Area: N/A Proposed New Bldg. Area: 13,705 sq. ft. Site Area: 35,000 sq. ft. (0.80 acres-gross) !l"Zl AAllllltllt" ",.., KENT Project Location Map SA erc_Baze. doc REPORT City of Renton & Department of Planning / Building / Public Works DECISION ENVIRONMENTAL REVIEW & ADMINISTRA TIVE LAND USE ACTION DECISION DA TE: April 6, 2004 Project Name: Baze Professional Center Owners/Applicants: Leigh Henke, Randy Baze, W.H. Baker 19104 440lh St. SE Enumclaw, WA 98022 Contacts: W.H. Baker or Leigh Henke of L.B. Inc. 19104 440lh St. SE Enumclaw, WA 98022 File Number: LUA-04-016, ECF, SA-A Project Manager: Susan A. Fiala, AICP Project Description: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. Continued on next page Project Location: North of SW 41 51 Street and west of East Valley Road Exist. Bldg. Area: N/A Proposed New Bldg. Area: 13,705 sq. ft. Site Area: 35,000 sq. ft. (0.80 acres-gross) KENT Project Location Map SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER REPORT AND DECISION OF April 6, 2004 Administrative Site Plan & Environrr,_ .al Review Committee Staff Report LUA-04-016, ECF, SA-A Page 2 of 11 PART ONE: PROJECT DESCRIPTION/BACKGROUND The applicant is proposing to construct a two-story professional office building on a 0.80 acre site. The parcel is Lot 6 of the previously approved Burlington Northern Binding Site Plan (BSP-014 -092). The site is located north of SW 41 st Street and west of East Valley Rd. Immediately to the east is a fast food restaurant (Bur~er King), to the north is the Act III Theatres, to the west is a commercial/retail strip and to the south, across SW 41 s St. are retail and office buildings. The site is currently undeveloped. The only known tenant is a chiropractic office on the main floor. Other tenants could be for medical, dental and other professional office uses. The site is zoned Commercial Arterial (CA) as designated on the City's zoning map and Employment Area -Valley (EA-V) on the City's Comprehensive Plan. It is also located in the Green River Planning Area. The professional office huilding would be 35 ft. at is highest point and 13,705 sq. ft. of area. The building materials would include stone veneer on the first floor and entry; redwood trim; EIFS or stucco; and vinyl windows with bronze glass. Windows would be located on both floors and on all elevations. The main entry, which would face east to one of the parking Ibts, would be emphasized through the use of a two-story glass entry. Access to the site would be via a driveway to an existing access easement located between the subject site and the Burger King. The existing easement provides ingress and egress to SW 41 st St. Cross access easements between parcels exist. There would be 55 parking stalls located within surface parking lot areas. PART TWO: ENVIRONMENTAL REVIEW A. Environmental Impacts In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. 1. Earth Impacts: The subject site can be described as flat with little to no elevation change. The site is vegetated with medium to high field grass with a row of blackberry bushes along the south property line. All existing vegetation is proposed to be removed. The applicant submitted a Geotechnical Report prepared by Terra Associates, Inc., dated July 18, 2003 with the land use application. The report addressed soils, groundwater, seismic hazards, foundation systems and site preparation. The report states that the subsurface conditions include fill, alluvium and estuarine deposits. The upper five to six feet of soil is fill of medium dense, silty sand with gravel underlain with 32 feet of alluvial soils. These are underlain by estuarine deposits which vary in composition from silt with clay to sands and gravels with small shell fragments. The geotechnical report recommends that due to the presence of a two to four foot thick organiC silt layer underlying the existing fill soils at a depth of five to eight feet below the surface that these soils would consolidate under stress imposed by the proposed structure. It is expected that most of the settlement would occur as loading is applied. The consultant recommends that the site be preloaded with fills above grade at four feet to produce settlements of two to three inches occurring within four to five weeks after full application of the building fill. The pre-load would be sized at an approximate area of 76 ft. x 116 ft. x 4 ft. equaling approximately 1,310 yards of seasonal compactable soil with a silt fence around the perimeter. From review of potential seismic hazards, the report indicated that the potential for liquefaction is low due to the soil type. When the site exploration was conducted in July, 2003, groundwater at depths of ten feet was encountered. The upper fill and organic soils were noted to have some wet seams within. This would vary depending on the season. The report continues to state that the proposed building can be supported on conventional spread footings. The existing, near-surface fill soils excavated on site would be suitable for use as structural fill, provided there are no excessive inclusions of vegetation debris or organic matter. SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environ",~ .al Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 3 of 11 In order to reduce the potential for erosion and control sedimentation to the site and to adjacent properties, staff recommends additional mitigation including that the project be deSigned and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. Mitigation Measures: The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. Policy Nexus: SEPA Environmental Regulations. 2. Surface Water Impacts: There are existing storm drainage facilities in SW 41 sl Street. The applicant submitted a Storm Drainage Report prepared by Cramer Northwest Inc., dated October 23, 2003. The report includes, as an appendix, a previous report for the Act III Theatres prepared by Horton Dennis & Associates, dated August 8, 1996 which included the subject site as part of the overall drainage system. The existing site, although flat, drains to the north toward an existing storm system for the adjacent theater development. The drainage is collected in a catch basin located northeast of the site, where it is conveyed west to a combined detention/wet pond. The drainage system was designed to provide for development of Lots 4 and 6 of the Burlington Northern Binding Site Plan (BSP). This site is Lot 6 of the BSP. The report continues to state that proposed site runoff would be collected in catch basins and conveyed through 8 and 12 inch PVC pipes to the existing storm system located on the theater system northeast of the subject site. No additional offsite analysis was provided as the theater pr~ject previously addressed the issue. Mitigation Measures: No further mitigation is recommended. Policy Nexus: N/A 3. AccessfTransportation Impacts: Access to the site is from SW 41 sl Street. There are curb, gutter and street lighting improvements fronting the parcel on SW 41 sl Street. Full street improvements are required along the street frontage including sidewalks and paving. An existing 24 ft. wide utility/access easement is located between the subject parcel and the adjacent lot which contains the Burger King restaurant. One two-way driveway to the subject site is proposed to come from the existing access easement. The proposal would result in an increase in traffic trips to the City's street system and, therefore, is required to pay a traffic mitigation fee. The Transportation Mitigation Fee is calculated at a rate of $75.00 per net new average daily trir associated with the project. The development is projected to generate 495.16 daily trips based on the 7' Edition of the ITE Trip Generation Manual for medical/dentist buildings. The fee for this proposal is estimated at $37,137.00 (495.16 trips x $75.00 = $37,137.00). The fee is payable prior to the issuance of building permits. Mitigation Measures: The applicant shall pay the appropriate Transportation Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the issuance of building permits. Policy Nexus: SEPA Environmental Regulations: Transportation Mitigation Fee Resolution No. 3100, Ordinance 4527. 4. Fire Protection Impacts: Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide required improvements and fees. The proposal would add new construction to the City, which would potentially impact the City's Fire Emergency Services. Therefore, the applicant will be required to pay a Fire Mitigation Fee based on $0.52 per square foot of building area. The fee is estimated at $7,126.60 ($0.52 x 13,705 sq. ft. = $7,126.60) and is payable prior to the issuance of building permits. SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environm ..... al Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 4 of 11 Mitigation Measures: The applicant shall pay the appropriate Fire Mitigation Fee based on $0.52 per square foot of building square footage. The fee shall be paid prior to the issuance of building permits. Policy Nexus: SEPA Environmental Regulations; Fire Mitigation Fee Resolution No. 2913, Ordinance 4527. B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF NON-SIGNIFICANCE DETERMINA TION OF XX NON -SIGNIFICANCE -MITIGA TED. Issue DNS with 14 day Appeal Period. XX Issue DNS-M with 14 day Appeal Period. C. Mitigation Measures 1. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. 2. The applicant shall pay the appropriate Transportation Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the issuance of building permits. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on $0.52 per square foot of building area. The fee shall be paid prior to the issuance of building permits. II PART THREE: ADMINISTRATIVE LAND USE ACTION -REPORT & DECISION This decision on the administrative land use action is made concurrently with the environmental determination. A. Type of Land Use Action XX Site Plan Review Shoreline Substantial Development Permit Conditional Use Binding Site Plan Special Permit for Grade & Fill Administrative Code Determination B. Exhibits The following exhibits were entered into the record: Exhibit No.1: Yellow file containing: application, proof of posting and publication and other documentation Exhibit No.2: Exhibit NO.3: Exhibit NO.4: Exhibit NO.5: Exhibit NO.6: Exhibit NO.7: Exhibit No.8: Exhibit NO.9: Exhibit No.1 0: SAerc_Baze.doc pertinent to this request. Neighborhood Detail Map (dated Feb. 23, 2004) Site Plan (dated Feb. 23, 2004) Water & Sewer Plan (dated Feb. 23, 2004) Storm & Grading Plan (dated Feb. 23, 2004) Pre-load Plan (dated Feb. 23, 2004) Landscape Plan (dated Feb. 23, 2004) Elevations (dated Feb. 23, 2004) Floor Plans (dated Feb. 23, 2004) Zoning Map, Sheet H3 West (dated March 11,2003) City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER REPORT AND DECISION OF April 6, 2004 C. Consistency with Site Plan Criteria Administrative Site Plan & Environ"" .dl Review Committee Staff Report LUA-04-016, ECF, SA-A Page 5 of 11 In reviewing the proposal with respect to the Site Plan Approval Criteria set forth in Section 4-9-200.E of the Site Plan Ordinance, the following issues have been identified by City Departmental Reviewers and Divisional Reviewers: 1. Conformance with the comprehensive plan, its elements and policies; The subject site is designated Employment Area -Valley (EA-V) on the City's Comprehensive Plan Land Use Map. The purpose of EA-V is to provide for a mix of employment-based uses, including commercial, office and industrial development to support the economic development of the City of Renton. The proposal is consistent with the following policies intended to guide development in the EA-V land use designation: Policy LU-212.1. Develop the Renton Valley and the Black River Valley areas as a place for a range and variety of commercial, office, and industrial uses. The proposal is a professional office building within the Green River Valley planning area. There would be 13,705 square feet of building area within the structure. Policy LU-212.2 -Compatible and related land uses should be encouraged to locate in proximity to one another. The proposed professional office building is compatible with the adjacent retail, commercial, office and entertainment uses. Policy LU-212.3 -Development standards should promote an increased intensity and quality of development. The proposed professional office building would construct a 13,705 sq. ft. building on an undeveloped parcel of land thereby increasing the intensity of the land usage. Policy LU-293 -Beautification and screening of parking lots should be encouraged through appropriate landscaping, fenCing and berms. The 55 stall parking lot would include minimal interior and perime~er landscaping including Vine Maple, magnolias, cypress and cedars which as they mature should reduce the visual impact of the lot. 2. Conformance with existing land use regulations; The subject site is located in the Commercial Arterial (CA) zone as depicted on the City's Zoning Map. A variety of retail sales and services along high-volume traffic corridors, including medical offices and clinics, are permitted in the zone. The proposed professional office building would be an outright permitted use within the CA zone. The proposal's satisfaction of the applicable development standards of the CA zone are discussed below: Lot Coverage -The CA zone allows a maximum building coverage of 65% of the site area. The proposed building footprint of 7,083 sq. ft. on the 35,000 sq. ft. site results in a building lot coverage of 20.2%. The proposed project complies with the development standard for lot coverage. Setbacks -The CA zone requires a minimum front building setback of 10 feet and no maximum setback from the street property line. The applicant is proposing a 22 foot front yard setback from SW 41 51 Street. There are no side or rear yard setback requirements as the site does not abut a residentially zoned property. The setbacks are in compliance with the CA zone setback development standard. Landscaping -The CA zone requires a minimum 10 foot landscaped setback from all street frontages. The front of the site faces SW 41 51 Street and would provide a 10 foot landscaped strip. The landscape plan calls out Weeping Nootka and Hinoki Cypress; Mountain Hemlock; and magnolia trees. Other shrubs include: Burning Bush, Camellia, azaleas, viburnam and various groundcovers. The total landscaped area excluding that within the public right-of-way is 7,210 sq. ft. There are no required side or rear landscaped strips as the property does not abut or is adjacent to residentially zoned properties. The east and north property lines abut properties designated Commercial Arterial (CA); the west property line abuts Industrial Medium (1M) and across SW 41 51 St are Commercial Office (CO) properties. SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environrrk .. 81 Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 6 of 11 Additionally, the project is located in the Green River Valley Planning Area, development regulations require an additional 2% of natural landscaping to be provided. The project would provide, at a minimum, 700 sq. ft. ( 2.0% x 35.000 sq. ft. site = 700 sq. ft.) of native landscaping in the northwest corner of the site to include Vine Maple and a mix of native shrubs. All landscaped areas must be fully irrigated and be a minimum of five feet in width. All existing vegetation would be removed prior to construction. Building Height -The maximum building height permitted is 50 feet. The highest point of the building is 35 feet, however, as building height for gable roofs is measured to the midpoint of the roof, the building height is 28 feet and thus is in compliance with the development standard. Parking -The parking regulations require a specific number of off-street parking stalls be provided based on the amount of square footage dedicated to certain uses. The following ratios would be applicable to the site: Use Ratio Required/Provided Offices, medical & dental 5 spaces per 1,000 sq. ft. 54/54 Loading 1 space 1/1 TOTAL 55/55 Based on these use requirements, 55 parking spaces would be required to meet code. The applicant proposes to provide 55 parking spaces. Of these 55 spaces, 16 spaces would be compact, one space would be for loading and three spaces would be accessible within the surface parking areas. Screening -The CA zone requires roof top and surface mounted equipment to be enclosed in order to be shielded from public view. Based on the elevations provided, no roof top equipment appears to be proposed. As depicted on the site plan, condensing units are proposed to be located on the west side of the building. These units are required to be screened according to code (RMC 4-4-095.0.) and will be reviewed during building permit submittal. In addition, the dumpster/recyclable enclosure is required to be screened according to code and will be reviewed for compliance during building permit review. 3. Mitigation of impacts to surrounding properties and uses; The proposed development of the site is not anticipated to impact adjacent properties and uses. The building has been sited to provide for code required setbacks from each property line and will provide landscaping along the entire perimeter. The property to the west is zoned Medium Industrial and is used as a warehouse. To the east is a fast food restaurant, Burger King and to the north is the theater complex which is zoned 1M. The professional office building would utilize Lot 6 of the Burlington Northern BSP which includes both 1M a,nd CA zoned lots. The building is sited to the southwest corner of the lot to provide visibility from the street. . According to code, parking lot lighting fixtures are to be non-glare and mounted no more than 25 feet above the ground. This is to help minimize the impact onto adjacent properties. Potential short-term noise and traffic impacts would result from the initial construction of the project to adjacent properties. The applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects within 300 feet of residential uses to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays and no work is permitted on Sundays. 4. Mitigation of impacts of the proposed site plan to the site; The scale, height and bulk of the building is appropriate for the site. The main entry faces to the east which is not the street frontage, however, the south elevation of the building would be fenestrated with numerous windows on both floors and contain vertical and horizontal elements to break up the fa9ade. The two story structure would be 35 feet at the highest point with the building height per code would be 28 feet as measured to the mid point of the roof. The footprint of the building is 7,083 sq. ft. with a total SAerc_Baze.doc City of Renton PIBIPW Deparlment BAZE PROFESSIONAL CENTER Administrative Site Plan & EnvironfTt~. <81 Review Committee Staff Reporl LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 70t 11 gross square footage of 13,705. A pedestrian connection would be provided to connect the main entry of the building to the public sidewalk and north to the parking lot. The proposal is not expected to adversely impact the site. No critical areas are present. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). 5. Conservation of area-wide property values; The proposed development is expected to conserve and possibly increase property values in the vicinity of the site. The development of the vacant site provides improvements to infrastructure and landscaping to an undeveloped site. The development would potentially provide additional employment opportunities to the City. 6. Safety and efficiency of vehicle and pedestrian circulation; Vehicular access to the site is via an existing 24 foot wide access easement located on the east side of the property. This access easement provides ingress/egress to SW 41 51 Street and to the adjacent businesses including the Burger King and the Act III Theatres. The proposed driveway off of the access easement would be located to the northeast corner of the subject 10Usite to allow for adequate stacking space and turning movements. Reciprocal access easements exist for the entire site (binding site plan) would remain in place to serve the subject development. The proposed development includes pedestrian linkages to the building entrance, as well as sufficient driveway entrances and interior vehicle circulation and parking. The organization of the building and site elements provides for adequate separation of each circulation mode. Construction truck hauling hours are limited to between 8:30 a.m. to 3:30 p.m. under the Development Guidelines Ordinance in order to avoid conflicts with peak hour traffic. The Traffic Planning Section will review construction-related impacts prior to issuing final construction permits. 7. Provision of adequate light and air; The building is proposed to provide windows on all elevations to allow light to enter the building and air to circulate around the building. It is anticipated that shadows would not be cast on public areas nor would a wind-tunnel effect occur due to the siting and height of the proposed structure. Exterior onsite lighting, including security and parking lot lighting, would be regulated by code. Compliance with this code (RMC 4-4-075) ensures that all building lights are directed onto the building or the ground and can not trespass beyond the property lines. Staff does not anticipate that exterior lighting would become an issue due to the siting of the building and parking lot and the adjacent uses provided code requirements are met. 8. Mitigation of noise, odors and other harmful or unhealthy conditions; It is anticipated that the most significant noise, odor and other potentially harmful impacts would occur during the construction phase of the project. The applicant is required to submit a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. prior to any construction/building permits being issued. The pre-load would take approximately four to five weeks for settlement to occur. During this time, silt fences would be in place. The proposed development does not appear that it would not generate any harmful or unhealthy conditions. After project completion, vehicular traffic activities typically generate some additional noise; however, these levels would be those normally associated with office uses. 9. A vai/ability of public services and facilities to accommodate the proposed use; and Fire Department and Police staff have indicated that the City's existing facilities and resources are adequate to accommodate the subject proposal, provided that the applicant pay the appropriate Fire SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environm ... _.,-al Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 8 of 11 Mitigation Fee. The City's Environmental Review Committee required the applicant to pay a Fire Mitigation Fee in the amount of $0.52 per square foot of building area. Water -There is an existing 12-inch water main fronting the site in SW 41 st Street and a 12-inch water main in the access road adjacent to the site to the west. Available derated fire flow in the area is approximately 5,500 gpm. Pressure available is approximately 77 psi. The proposed project is located in the 196 water pressure zone and is outside an Aquifer Protection Zone. No watermain extensions are required. A Water System Development Charge is required based on a rate of $0.213 of the total sq. ft. of the building site. Sanitary Sewer and Storm Drainage -There is an 8 inch sewer main in SW 41 st Street. A Sewer System Development Charge is required based on a rate of $0.126 of the total sq. ft. of the building site. There are existing storm drainage facilities in SW 41 st Street. An existing detention and water quality pond located northwest of the site has been designed to accommodate the subject development. A Surface Water System Development charge based on a rate of $0.249 of the total sq. ft. of the new impervious surface area of the site is required to be paid prior to the issuance of a building permit. Please refer to Advisory Notes for all code required improvements. 10. Prevention of neighborhood deterioration and blight. The proposal would result in the development of a professional office building with coordinated site improvements including landscaping, parking, signage and lighting. It is anticipated that the facility would contribute to the Valley Area by developing a vacant site and providing investment in the area. No deterioration or blight is expected to occur as a result of this proposal. xx Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. D. Findings Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Environmental (SEPA) Review and Administrative Site Plan Approval for the Baze Professional Center, File No. LUA-04-016, ECF, SA-A. 2. Environmental Review: The applicant's file containing the application, State Environmental Policy Act (SEPA) documentation, the comments from various City departments, the public notices requesting citizen comment and other pertinent documents was entered as Exhibit No.1. 3. Site Plan Review: The applicant's site plan application complies with the requirements for information for site plan review provided all advisory notes and conditions of approval, if any, are complied with. The applicant's site plan and other project drawings are entered as Exhibits No.2 through Exhibit No.1 O. 4. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan land use designation of Employment Area -Valley (EA-V). 5. Zoning: The Site Plan as presented, complies with the zoning requirements and development standards of the Commercial Arterial (CA) zoning designation, provided all conditions of approval are satisfied. 6. Existing Land Use: Land uses surrounding the subject site include: industrial! warehouse -1M zoned property to the west; office park to the south -zoned CO, fast food/drive through restaurant to the east zoned CA; and entertainment (theaters) to the north zoned (1M). SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environm ...... ,al Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 9 of 11 E. Conclusions 1. The subject proposal complies with the policies and codes of the City of Renton, provided all advisory notes and conditions of approval, if any, are complied with. 2. The proposal complies with the Comprehensive Plan designation of Employment Area -Valley (EA-V); and the Zoning designation of Commercial Arterial (CA). 3. Environmental (SEPA) review was conducted on the site in conjunction with the Administrative Site Plan Review application. F. Decision The Site Plan for the Baze Professional Center, File No. LUA-04-016, ECF, SA-A, is approved. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Neil Watts, Development Services Director Date Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. 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. Building 1. Currently the 1997 UBC is utilized. In July 2004, the 2003 IBC becomes effective. 2. The recommendations of the soils report shall be followed. Fire Department 1. Separate plans and permits are required for the installation of the fire alarm and sprinkler systems. 2. Provide a list of any flammable, combustible liquids or hazardous chemicals to be used or stored on site. Plan Review -Sanitary Sewer 1. The Sewer System Development Charges are based on a rate of $0.126 x the total square feet of the building site. Estimated fees based on the entire site plan is $4,410.00 (35,000 sq. ft. x $0.126). Payment of fees will be required prior to issuance of building permit. 2. If food preparation facilities are proposed, a grease trap or grease interceptor will be required. It is not apparent on the plans provided. 3. If finished floor elevation is below 25 feet, a "tideflex" or similar backflow device will be required to be installed. 4. If floor drains are required by the building department, the system shall be directed through an external oil water separator and will be required to be connected to the sanitary sewer. Plan Review -Water 1. The Water System Development Charges are based on a rate of $0.213 x the total square feet of the building site. Estimated fees based on the entire site plan is $ 7,455.00, (35,000 sq. ft. x $0.213). Payment of fees will be required prior to issuance of building permit 2. Preliminary fire flow required by the fire department is 2,250 gpm. Three hydrants are required to serve this site. One hydrant shall be within 150 feet and two shall be within 300 feet of the structure. 3. Existing hydrants to be counted as fire protection shall be retrofitted with a quick disconnect Storz fitting if not alread installed. Note on Ian if re uired. SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environm ..... tal Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 Page 10 of 11 4. A water main extension is not required. 5. A fire sprinkler systems is required. A separate utility permit and separate plans will be required for the installation of the double detector check valve assembly to the fire sprinkler systems. All devices installed shall be per the latest Department of. Health "Approved List" of Backflow Prevention Devices. Civil plans show location of device and should note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". For DDCVA installations inside the building, applicant shall submit a copy of the mechanical plan showing the location and installation of the backflow assembly inside the mechanical room. Installation shall be in accordance with the City of Renton's requirements. DDCVA shall be installed immediately after the pipe has passed through the building floor slab. Installation of devices shall be in the horizontal position only. 6. Landscape irrigation systems will require a separate permit for the irrigation meter and approved backflow device is required to be installed. A plumbing permit will be required. 7. Buildings that exceed 30 feet in height, will require a backflow device to be installed on domestic water meter. Plan Review -Surface Water . 1. The Surface Water System Development Charges are based on a rate of $0.249 x the total square feet of the new impervious surface area of the site. Estimated fees based on the entire site plan is $6,361.95 (25,500 sq. ft. x $0.249). Payment of fees will be required prior to issuance of building permit. 2. A drainage report from Horton Dennis & Associates has been submitted and reviewed. The drainage report dated May 15, 1996, states that an existing detention and water quality pond located north west of site (Act III Theaters), was designed and sized for future build out of Lots 4 & 6 of the Burlington Northern Binding Site Plan BSP 014-92. This site is Lot 6. 3. Applicant shall provide an erosion control plan at time of application. It has not been provided. Plan Review -Transportation 1. Full street improvements including, but not limited to paving and sidewalks are required. Sidewalk will be required fronting the site in SW 41 st Street. Plan Review -Miscellaneous 1. Construction plan indicating haul route and hours, construction hours and a traffic control plan shall be submitted for approval prior to any permit being issued. 2. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. 3. Rockeries or walls to be constructed greater than 4 feet in height will require a separate building permit and the following note shall be added to the civil plans: "Rockeries greater than 4 feet in height will require a separate building permit. A licensed engineer with geo- technical expertise must be retained for proposed rockeries greater than four feet in height. The engineer must monitor rockery construction and verify in writing that the rockery was constructed in general accordance with ARC standards and with his/her supplemental recommendations, in a professional manner and of competent and suitable material. Written verification by the engineer must be provided to the City of Renton public works inspector prior to approval of an occupancy permit or plat approval for the project. " . Plan Review -General 1. All plans shall conform to the Renton Drafting Standards 2. 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. 3. Separate permits for side sewers, water meters, landscape irrigation meter and any backflow devices will be required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the perm it system. 4. Applicant shall be responsible for securing all necessary easements for utilities and/or street improvements. SAerc_Baze.doc City of Renton PIBIPW Department BAZE PROFESSIONAL CENTER Administrative Site Plan & Environ"" .al Review Committee Staff Report LUA-04-016, ECF, SA-A REPORT AND DECISION OF April 6, 2004 TRANSMITTED this 1 ih day of April, 2004 to the owners/applicants: Leigh Henke, Randy Baze, W.H. Baker 19104 440th St. SE Enumclaw, WA 98022 TRANSMITTED this 1 ih day of April, 2004 to the contacts: W.H. Baker or Leigh Henke L.B. Inc. 19104 440th St. SE Enumclaw, WA 98022 TRANSMITTED this 1 ih day of April, 2004 to the following parties of record: No parties of record. TRANSMITTED 1ih day of April, 2004 to the following: Jennifer Henning, Development Planning Larry Meckling, Building Official Stan Engler, Fire Prevention Gregg Zimmerman, PBPW Administrator Lawrence J. Warren, City Attorney South County Journal Page 11 of 11 Land Use Decision Appeal Process Appeals of the land use decision must be filed in writing on or before 5:00 PM April 26, 2004. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal 'Code Section 4-8-110.E. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. SAerc_Baze.doc f-RENTON BOEING BLDG. 7-8I-D ----"'q.;p.~ ---....,..~~v KENT "I'f\l~f ST. 0 Z -1 80 w ~ OF 4150 ( I I ::t: c. !~ --.-------_._------- ~_17 BURLINGTON JlAILROA D JIIlw 70 _ S.W. .,.. .... .,0: Q I 31 I ~~ ~~ I El 13"' 136.44 (4) ~"""~ .~ '··:1": "" ,,, ....., . • · ... w. t t I i PIT. CURe .-.. lU\ .::l-&. -. -\- IN '-. arf. MflMALT Il f'UF=t~~-llt i --m+/fflti-t+t4......,.. J---- BURGER KING [ DIST. flR!tMlfWfT I -_._.J £XIn.aJRD~ _____ • ___ ~,.. ............. .,,--_ .. ---- ~.~~E PLAN ~ PROJECT INFORMATION S/TEAR£A: BUILDING fooTPRINTI WJN FLOOR AREA: UPPER FLooA.ytEA: TOTAL BUILDINO AREA: lOT CO\IIRAOI: PROPOSED IMPERVIOUS IURFACES : PAVING' SIDEWALkS: ROOF: REQUIRED PARKIHO: ... - 1,CUSF U:uaF 13,70581 20."" ".2708F 1.701aF NET AREA .10,MlSFnooaF PER STALL. 5U' STALUi REO'O. LANDSCAPED AREA CALCULATIONS CITY OF RENTON STANDARDS THE FOLlOWINO EXCLUDE THE 10' 8ET&ACK FROM 41118T. GREEN RIVER VALLEY PlN\ININO AREA: ~ Of ENTIRE SITE. 2"4 OF !5,OOOSF OR 100SF PARKlf'IG AREAl: 5~ OF PARKINO LOTS. 6'Mo OF 111,150Sf OR 8078F TOTAl. LANDSCAPING REQUIRED U07Sf TOTAL lANDSCAPING PAOVIDfO: 7.2105F. 20.,. Of ENTIRE SITE! OR 44.1" OF PARKING LOT • .. · .. · .. · . , · , . ... .. c· ... ::= · c · ' o : :! :0. I-QI ",. ." 10 r:z:: r:z:: c QI > QI .. CIJ a::: w I-Z W () to> Ilol I- :t to> r:z:: 4( ....J <l: z 0 8 C/)a; C/) }':!l W iOg U. >0> o ,.~ a::: ~ .. 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II'U" .. , ..." 5I411,MU .... '.1 "" 57713.3"4.1 Ob1[ s.r. 41ST STR6ST -,-OJ lUI Itht) 5141.J.»40.' ObI[ ,,~ ---.-----.... M'~ ____ ~",!:, _______ . _ _ _ it\. .". ... STORM &-GRADING PLAN ... r", or ... 1"=20' 4I,U Ir", ,.. ... 6M Cramer Northwest Inc . ~. I4IM.ClENTU.L.It'.,tO.,ICIEMT,W" •• O.u (253)151:-4110 ('M") IN' t-(aoa)Ut-G'" ('ell ,,..) (UJ)tS1-"'SS (f •• ) E-IIAlLI.,.re,,.,,, __ ._ ... '. ENGINEERS, SURVEYORS " PLANNERS N W+E 5 GRAPHIC 8CALB ,-.eo· eo 80 ! I 0: =: ~ ~g ~ I ZilI a. ~g ~ ~ ~ 1 9B 5t :l.... a. ~ ~~ H ~~ ~L tl~ I !f ~~ I ~:III ~!I ~fflt8 ~ ;& FSi: [ 111111 ! I i ~ ~ t ".,~, _._.-I I I -. !'=====--.J ' I ... 0 lID "'1(A;~1'f L ~ rumc:l.GfCIIP.\ .... ooro. it --;~:r::"=AI-=-OJI='I':;-~~--; -.-~~--------, ---I~:t"'- I i 8~ "\...,. ..... ~. --~ ------ i PRELOAD PLAN BAZE PROFESSIONAL CENTER . LOCATED IN THE N.E. 1/4. OF THE N. W. 1/4. OF SECTION 31. TOWNSHIP 23 NORTH. RANCE 5 EAST. W.M .• ./ Nl'if." .. niD ~/NC COUNTY. WASHINCTON &"_0411181 ;0,11 81 LOT 4 • VICINITY MAP ~ '1-____ --:>.. ______ . NOW> -----...:....,.,...._.,--------------------------- ...,..,...",.,... ft!II&.I ''''''''' S.". 41S'I'S'I'II88'1' I. PRClCW) C'OHSTRI.C'1ICI StWJ. COMl'U'1Ifl)f nc ~ RCI'OIIf MCPMCD I/r R'RIM ASSOCMflS. INC. :I. S£TTl£MCNT MNhI'CIt WSTAUAnoH MID WOHm:IfIIHO SHW. II( pt,. JHC ~1IBli"'..B"J"...rJ.IW' .. Tl'JP >He. ----~ -------............. ~ . ..""' .. -------. ---~ PRELOAD PLAN I· =20' &u Cramer Northwest Inc. i I I • ~ '. ENGINEERS. SURVEYORS a:' PLANNERS ;-:.: ~.,; , , I Iii (111)152 .. 4110 (~::'I)' ~~~:.!oO:i.C=a ::.) -:)151,,"11 (fCla) i I-WAIlJ ..... __ '"'" .. I N W+E S J.BCW. D_SC1UP'I10N: lAS ... GIl mu: .:a .0. ,UMlI'-rJ.} "II' .fJTlUl,.IIIIIlJIIN..."...,"....". 1M""'" ~JLflCllUl'tIGIlOr~ ....... """IICIl!M(I"IJIIl,.lrs.IIIIIGU.~;t ==-. ___ ...... .,..,. arc cxum. 1JI.'¥CHJl,.RK: tuM': """ ___ I(IIfCIIl~flTl .. ,..arrfJI""'" ~'Ia,IHIZRV"" ~'lt11f1 .. t ~ w ~ ~ J,&JMJiJJ;. --- """tlnlll-.u ...... - ------- III' -W .. , .... r" r rOo ~ = c:::J [;;;J _r --.. -:::::"'''" ""4-'" --::."" ",,,,,"'" ~'nr .... ='-~ ::: iii --J!..e.~ J!.KOI!f. C::l [;:J G) • • 0 II • 0 J. .. Cil CD • ~ -.~ l~ ~ , 8. w. <41H. S T ii .~ .. .. . "' l' ,i C ~ u ~\I;\IIEI LAIDSCA\'E COnl'1UkL!:Jb ~-- LANDSCAPE AREA CALCULATIONS CITY OF RENTON STANDARDS THE FOLLOWING EXCLUDE THE 10' SETBACK FROM 41ST GREEN RIVER VALLEY PLA YlNG AREA: 1". OF ENTIRE SITE -1% OF 35,000 SF OR PARKING AREAS: 5% OF PARKING LOTS -5% OF 16,150 SF OR TOTAL LANDSCAPE REQUIRED TOTAL LANDSCAPE PROVIDED: 7,110811-10."'. OF ENTIRE SITE OR 44.6". OF PARKING LOT QIU. Iaa I. 1 l . .. .. · 1. .. •. I. BaH II. ~ ~ ~ a • ~ ~ ~ ~ a n n K ~ ~ n a ~ ~ a n a ~ • ~ -11. )I. ]f. to. fl • ., Plaot!ogKey ~ w .... Noacbeypr.. V .. ..... ....... ---" ~UIdeOcm·"""" ..... """-"""-..... --....... ...... "-W ..... AIblc.t.r .......... ,..... ...... ---_ .... _ ............ _ .... ............ c-.. """"" ..... _ ...... """"'" ~8Ia&t"TWlaDDpood "'--..... Bat'N....u.. -""'" ........... """'" ""'-_ ......... ....... -DalaWtflIeVIturaI w ......... "OaDLukJ'a·LanJ ._ ...... ..... _-"-....... H ..... """ ..... ..... A ..... Jor ..... ... _ ........ "'-" ........ - .. lI<iIIll1I<lfII ~· ...... FIN· Ce"!pqw hpdl*, slgM!! --_ . ..., ..... ~ ...... ..... =-1IdlIIuIIQ."~1or" 1.aNbduII:IiidIIIIII: --- 700 SF UUl 1,507 SF .. DlllpcrIdlClIllltlh.:MlaotwU4......,.,CMpbtaallDcU...td._bkedlaa ..... croIuaIbIM,~, ~tIwIIia,--.~rt/IJIrtt .... lIIII .. pbIU.1dIiaIIi. III Q. ... I'O-oCllt.n ~ ..... ~~ "0 '; ~ ~~ ;~!i ::!~ ..... C~ .. ~ .-bt).41 .... ...... ,..w ..... I VI • .., to ~ Vz~~ ... ONCU o :Ii'" u ~ I ~ zls sa >,00 r/.)UO\ -OO~15 ~>bn ~~~ j:l..,~~ .. ~-, ~~~ l:Q~~ ProjeclN .. ben \l·1973 Pn ....... O' .. , ........ ..... _ ••• '.0.) .. . 1.01-",. '.0.) ..... . .01 •• ·.a ° •••• 0.'. ·.18 .V".BM •.• 'el z 0 r « --> w ...J W ~ r -;:l 0 m i-= m ...: -'" ..,. ~ ~ Cld z 0 r « > w ...J W r m!1 « ; W! ~:>3~IH:)HV liallPllH"H uaAalS S009S uOl6U!4SeM 'uOlua~ peo~ '<slleAlSe3 'i 'lS lSU' 'M'S ~3.LN3~ lVNOISS3.:10~d 3ZV8 Z 0 -r « > w ...J W ~ m ~ w ;: ~ z 0 r « > W ...J w ~- r 0::., 0'; z!! i 3 ------~------.--.---.. ----~.------.. ~ _________ . ___________________________ ailx!-B-_' -------------- f~- I I I I I I I · ..... ,. , ... ) .. . ,O.l-j" '0.0) ! .... . ~O •••• .,. • •• ""0 .. . '.1.' •••• aN., .• H. r{},j' _ ...... I I I I . L': r-""''''''''- I I I ~ ::>,::1 ~ I H::> H V Jta~pvH·ll UaAalS, 'S0086~t.lI~~~~ , , "pea};! ,(~IB" ~'f~~~t·Nn; ~3.lN33,'1VNOISS3.:10~d'~ZVa r----~----,----03" 19 T23N RSE W 112 ... _~~~. bo ~th 1St S I-'----·--··--·--···········--··-··..J ~ ~ ~ 1H llW 27th St/J r--_---,-__ RC ~iOth St. SW 23rd St! ! SW 27th St. 1M SW 29,lh , 1-____ ._ .... _" i , , CA R \ \ !=~J , C • ~ 0 .. ~ -~~ ~ I ar-----.lJ ~ 0/r,-- • Z =~ ~ CA ~ ~ (@ S • · 1L S m-----........ ----............ --... --... .l iB4th St ! \~ 3~~h St! + , ..... 1] -~ 1L I~ 1L ~39th St. ~~ ~/ ILl 1 (\" \ 1;5 tk st. 1M )11' .,M .. ~. I ~_--",,,,,,"j.) a .. J .-'a4Jst ~~ _ 'YW....... . { H3 {lhibif c:r 30 T23N R5E W 1/2 5330 ~ONING MAP 'BGJK ~ MIXED USE CENTER ~ Resource Conservation ~ 1'7~~ Center Neighborhood- 8 Residential 1 dulac ('"~ Center Suburban" ~ Residential 5 dulac I ··':ijC-N11 Urban Center -North ~ Residential 8 dulac ,; B Urban Center -North 2 ~ Residential Manufactured HOmes '" ~ Center Downtown- I R-IO I Residential 10 dulac ! [E§] Center Office Residential I R-14 I Residential 14 dulac ~ I RH-J I Residential Multi-Family inC ~ I ~. ~I~~"I.& ~~ IRH-NI Residential Multi-Family Neighborhood Ce.QJ.etle! CD commV~Office" tS • ,""v IRH-C I Residential Multi-Family Suburban Center @ Convenience Commercial ~ Industrial -Heavy 0 Industrial -Medium. 0 Industrial -Light CP) Publicly owned ---Renton City Limits ---Adjacent City Umib _ Book Pages Boundary KROLL PAGE IRH-T I Residential Multi-Family Traditional IRH-ul Residential Multi-Family Urban Center- • May inCIUdze Overla1_..1~ts. See Appendix PAGE# INDEX maps. For ad ~~ s in Overlay Districts, pie Ji! Ie RMC 3. SECTfTOWNIRANGE ENVIRONMENTAL REVIEW COMMITTEE MEETING NOTICE APRIL 6, 2004 To: Gregg Zimmerman, Planning/Building/Public Works Administrator Dennis Culp, Community Services Administrator Lee Wheeler, Fire Chief From: Jennifer Henning, Development Planning Meeting Date: April 6, 2004 Time: 9:00 AM Location: Sixth Floor Conference Room #620 Agenda listed below. Baze Professional Center (Fiala) LUA-04-016, ECF, SA-A The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The O.SO acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. Shamrock Preliminary Plat (Jordan) LUA-04-030, ECF, PP The applicant is requesting Environmental (SEPA) Review al)d Hearing Examiner Preliminary Plat Approval for an 11- lot subdivision of a 4.6S-acre site. The residential plat would create lots intended for the construction of detached single-family homes -ranging in lot size from 7,20S square feet to 10,567 square feet. The subject site contains a Category 2 wetland, which is located in the northwestern corner of the site. As part of this development proposal, the applicant has requested to use wetland buffer averaging in 0 rder tor educe the required 50-foot wide buffer to 25 feet on the southeastern side of the Category 2 wetland, which would result in a larger side and rear yard area for proposed Lot 10. However, the wetland along with the averaged buffer would be incorporated into a separate sensitive area tract (Tract B), which is proposed to be 13,119 square feet and located in the northwestern corner of the site. Access to the site is proposed from Jericho Avenue NE and Lyons Avenue NE via connecting a new through road (NE 4th Court) to existing stub roads (NE 4th Court) on either side of the project site. The proposed connection will complete the NE 4th Court public right-of-way connection in this area of the City. The applicant has also proposed to construct a large (66,203 square foot) water quality detention facility, which is planned to be located with Tract A along the southern boundary of the site (adjacent to NE 4th Street). The detention facility would accommodate the stormwater generated from the proposed development along with a portion of the stormwater generated from a separate subdivision located within unincorporated King County. Project construction is planned to commence in spring/summer of this year and be substantially completed by the end of the same year. cc: K. Keolker-Wheeler, Mayor J. Covington, Chief Administrative Officer A. Pietsch, EDNSP Administrator ® B. Wolters, EDNSP Director ® J. Gray, Fire Prevention N. Watts, P/B/PW Development Services Director ® F. Kaufman, Hearing Examiner S. Engler, Fire Prevention ® J. Medzegian, Council S. Meyer, P/B/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney ® DATE: TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM March 18, 2004 Susan Fiala Jan lilian X7216 BAZE PROFESSIONAL CENTER LUA 04-016 E. Valley Hwy & SW 41 st Street I have reviewed the application for Baze Professional Center located near the NE comer of East Valley Highway and SW 41 st Street and have the following comments: EXISTING CONDITIONS WATER There is an existing 12-inch water main fronting the site in SW 41 st Street and a 12- inch water main in the access road adjacent to the site to the west. Available derated fire flow in the area is approximately 5,500 gpm. Pressure available is approximately 77 psi. The proposed project is located in the 196 water pressure zone and is outside an Aquifer Protection Zone. SEWER STORM STREETS There is an 8-inch sewer main in SW 41 st Street. There are existing storm drainage facilities in SW 41 st Street. There is no sidewalk fronting the site in SW 41 st Street. There is curb, gutter and streetlighting in place. CODE REQUIREMENTS WATER 1. The Water System Development Charges are based on a rate of $0.213 x the total square feet of the building site. Estimated fees based on the entire site plan is $ 7,455.00, (35,000 sq.feet x $0.213). Payment of fees will be required prior to issuance of building permit 2. Preliminary fire flow required by the fire department is 2,250 gpm. Three hydrants are required to serve this site. One hydrant shall be within 150 feet and two shall be within 300 feet of the structure. 3. Existing hydrants to be counted as fire protection shall be retrofitted with a quick disconnect Storz fitting if not already installed. Note on plan if required. 4. A water main extension is not required. Baze Professional Center 5. A fire sprinkler systems is required. A separate utility permit and separate plans will be required for the installation of the double detector check valve assembly to the fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Civil plans show location of device and should note: "Separate plans and utility permit for OOCVA installation for Fire Sprinkler System will be required". For DDCVA installations inside the building, applicant shall submit a copy of the mechanical plan showing the location and installation of the backflow assembly inside the mechanical room. Installation shall be in accordance with the City of Renton's requirements. DDCVA shall be installed immediately after the pipe has passed through the building floor slab. Installation of devices shall be in the horizontal position only. 6. Landscape irrigation systems will require a separate permit for the irrigation meter and approved backflow device is required to be installed. A plumbing permit will be required. 7. Buildings that exceed 30 feet in height, will require a backflow device to be installed on domestic water meter. SANITARY SEWER 1. The Sewer System Development Gharges are based on a rate of $0.126 x the total square feet of the building site. Estimated fees based on the entire site plan is $4,410.00 (35,000 sq. feet x $0.126). Payment of fees will be required prior to issuance of building permit. 2. If food preparation facilities are proposed, a grease trap or grease interceptor will be required. It is not apparent on the plans provided. 3. If finished floor elevation is below 25 feet, a "tideflex" or similar backflow device will be required to be installed. 4. If floor drains are required by the building department, the system shall be directed through an external oil water separator and will be required to be connected to the sanitary sewer. SURFACE WATER 1. The Surface Water System Development Charges are based on a rate of $0.249 x the total square feet of the new impervious surface area of the site. Estimated fees based on the entire site plan is $6,361.95 (25,500sq.feet x $0.249). Payment of fees will be required prior to issuance of building permit. 2. A drainage report from Horton Dennis & Associates has been submitted and reviewed. The drainage report dated May 15, 1996, states that an existing detention and water quality pond located north west of site (Act '" Theaters), was designed and sized for future build out of Lots 4 & 6 of the Burlington Northern Binding Site Plan BSP 014-92. This site is Lot 6. 3. Applicant shall provide an erosion control plan at time of application. It has not been provided. TRANSPORTATION 1. Full street improvements including, but not limited to paving and sidewalks are required. Sidewalk will be required fronting the site in SW 41 st Street. 2 Baze Professional Center MISCELLANEOUS 1. Construction plan indicating haul route and hours, construction hours and a traffic control plan shall be submitted for approval prior to any permit being issued. 2. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. 3. Rockeries..or walls to be constructed greater than 4 feet in height will require a separate building permit and the following note shall be added to the civil plans: "Rockeries greater than 4 feet in height will require a separate building permit. A licensed engineer with geo-technical expertise must be retained for proposed rockeries greater than four feet in height. The engineer must monitor rockery construction and verify in writing that the rockery was constructed in general accordance with ARC standards and with his/her supplemental recommendations, in a professional manner and of competent and suitable material. Written verification by the engineer must be provided to the· City of Renton public works inspector prior to approval of an occupancy permit or plat approval for the project." PLAN REVIEW ~GENERAL 1. All plans shall conform to the Renton Drafting Standards 2. 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. 3. Separate permits for side sewers, water meters, landscape irrigation meter and any backflow devices will be required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. 4. Applicant shall be responsible for securing all necessary easements for utilities and/or street improvements. RECOMMENDED CONDITIONS 1. Estimated traffic mitigation fees based on the entire preliminary site plan will be $37,137.00 This is based on 495.16 trips x $75.00. See attached Mitigation Fee Report. Payment of fees will be required prior to issuance of building permit. 2. Staff recommends a SEPA condition requiring this project to design and comply with Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. cc: Kayren Kittrick 3 PROPERTY SER, _ES FEE REVIEW 02004 -__ ( _-r __ ~ DEVE:LOPMENT APPLICATION REVIEW SHEET 0 tJ( ENVIRONMENTAL CHECKLIST REVIEW SHEET 0 PLAN REVIEW ROUTING SLIP OTHER APPLICANT: bj, l-\ -Bc?A.L~}J JOB ADDRESS: E . \j Q\.~ -7 1J.:L~--0Y)G; q I D::-_,St-. NATURE OF WORK: J.,t~1..}f.{ iLC':IUix:l p\ D,s&,2Q b '4 RECEIVED FROM __ ---,,......., ___ - WOO (date) GREEN # _____ _ o }N o o o SPECIAL ASSESSMENTS AND CONNECTION FEES APPLffiD SPECIAL ASSESSMENTS AND CONNECTION FEES ESfIMA TED NOT APPROVED FOR APPLICATION OF FEES NEED MORE INFORMATION: o SQUARE FOOTAGE o FRONT FOOTAGE o o o LEGAL DESCRIPTION VICINITY MAP OTHER VESI'ED 0 NOT VESTED This fee review supersedes and cancels fee review # ____ dated __ --==--=--=-==== o PARENT PID# (subject to changeL SUBJECT PROPERTY PID# I Z. '] 3~ 0 -CCb () o King Co. Tax Acct# (new) It is the intent of this development fee analysis to put the developer/owner on notice, that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SOC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The following quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement (pvt) WATER Latecomer Agreement (pvt)WASTEWATER Latecomer Agreement (pvt)OTHER Special Assessment District/W ATER Special Assessment District/W ASTEW ATER Joint Use Agreement (METRO) Local Improvement District * Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE -WATER # OF UNITS/ 'SDC FEE o Pd Prevo o Partially Pd (Ltd Exemption) \'ti!L Never Pd SQ. FTG. Single family residential $1,525/unit x ' .. '- Mobile home dwelling unit $1220/unit in park Apartment, Condo $915/unit not in CD or COR zones x Commercial/Industrial, $0.213/sq. ft. of property (not less than $1525.00) x ::S~ {rDC' 7· +60. DO Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (2,800 GPM threshold) I SYSTEM DEVELOPMENT CHARGE -WASTEWA~ o Pd Prev. 0 Partially Pd (Ltd Exemption) ever Pd Single family residential dwelling unit $900/unit x Mobile home dwelling unit $720/unit x Apartment, Condo $540/unit not in CD or COR zones x Commercial/Industrial, $0.126/sq. ft. of property (not less than $900.00) X -~c;> 000 q. I cf I n ,-D 0 REDEVELOPMENT CREDIT: (New -Old Flow)/New Flow X Above Fees SYSTEM DEVELOPMENT CHARGE -SURF ACEW ATER o Pd Prevo 0 Partially Pd (Ltd Exemption)~Never Pd Single family residential and mobile home dwelling unit $715/unit x All other properties $0.249/sq ft of new impervious area of property x 2') SSO'" G.)30 i. ' ((/f=" (not less than $715.00) 9,::. / " , I PRELIMINARY TOTAL $ I g lz (" CfS , '2 '< l\) CD 0 III 0 11 "" Signa DATE 11 CD *If subject property is within an LID, it is developer's responsibility to check with the Finance Dept. for paid/un-paid status. <: .... CD ~ " **The square footage figures used are taken from the King County Assessor's map and are approximate only. , ~ \Ltl,G \ffLllC'tV\0'1.t~ .sc{:~.ch=\..~.Q llf~-U_ rULci :l \ 0 \ EFFECTIVE January 1, 2004 ,.\ \ :') VQ\l ~1 CC\ It (J-n ,\-1 {rntCr '\Jrio( ~h l.s:.SLlW1 ~~ .. u L \f... l) \) . C'(\ '\2k...' 1. n--\. U c;,,. (-r PROPERTY SER, . ...:ES FEE REVIEW #2004 -___ _ l)il DEVELOPMENT APPLICATION REVIEW SHEET 0 PLAN REVIEW ROUTING SLIP lJ( ENVIRONMENTAL CHECKLIST REVIEW SHEET 0 \ 1_" OTHER APPLICANT: lU , ~ . b6-.LQ)J RECEIVED FROM JOB ADDRESS: E· 'IIQ\h '-l ~2,. ~--0Y)h q I ~ .. SF. won ----(---da-'-te-'-)- NATURE OF WORK: ~)21,,-}F{ LLC'.:,t'U~ ~ O~7 Q bIds) GREEN # _____ _ o SPECIAL ASSESSMENTS AND CONNECTION FEES APPLIED NEED MORE INFORMATION: fti SPECIAL ASSESSMENTS AND CONNECTION FEES ESTIMATED 0 SQUARE FOOTAGE o NOT APPROVED FOR APPLICATION OF FEES 0 FRONT FOOTAGE o VESfED 0 NOT VESfED o This fee review supersedes and cancels fee review # _____ dated __ --;::;---=:-=:==-= o o o LEGAL DESCRIPTION VICINITY MAP OTHER I 7'\. 0 PARENT PID# (subject to changeL SUBJECT PROPERTY PID# 2. ·23<.e 0 -ceb u 0 King Co. Tax Acct# (new) _______ _ It is the intent of this development fee analysis to put the developer/owner on notice, that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The following quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement (pvt) WATER Latecomer Agreement (pvt)WASTEWATER Latecomer Agreement (pvt)OTHER Special Assessment District/WATER Special Assessment District/W ASTEW ATER . .Joint Use Agreement (METRO) Local bnprovement District * Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE -WATER #OF UNITS/ SDC FEE o Pd Prevo o Partially Pd (Ltd Exemption) ~NeverPd SQ. FTG. Sin2le family residential $1,525/unit x Mobile home dwellin2 unit $1220/unit in park Apartment, Condo $915/unit not in CD or COR zones x Commercial/Industrial, $0.213/sq. ft. of property (not less than $1525.00) x ':S5 CrGD :; iI:;~ "'(' '::) _ . C> _, Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (2,800 GPM threshold) I SYSTEM DEVELOPMENT CHARGE -WASTEWA~ o Pd Prev. 0 Partially Pd (Ltd Exemption) ever Pd Sin2le family residential dwellin2 unit $900/unit x Mobile home dwelling unit $720/unit x Apartment, Condo $540/unit not in CD or COR zones x CommerciallIndustrial, $0.126/sq. ft. of property (noUess than $900.00) x :~51(,DO 4· itln~)O REDEVELOPMENT CREDIT: (New -Old Flow)/New Flow X Above Fees SYSTEM DEVELOPMENT CHARGE -SURF ACEW ATER o Pd Prev. 0 Partially Pd (Ltd Exemption)~Never Pd Single family residential and mobile home dwellin2 unit $715/unit x All other properties $0.249/sq ft of new impervious area of property x 2-') 5bO* &..)30 i. 9 (/'--:#=- (not less than $715.00) . '':> ,. I PRELIMINARY TOTAL $ I jf 2z& QS -\ '< N m 0 PI 11 0 .,. Signa DATE 11 m *If subject property is within an LID, it is developer's responsibility to check with the Finance Dept. for paid/un-paid status. <: ,... m ~ " **The square footage figures used are taken from the King County Assessor's map and are approximate only. . . ( \ "ll tltccl ~ \l.lUJ IITLF·ClYic\,l( -SC{!Y."C1C(s:;Q. lC.I1.,.. . . :l \ 0 _\ \,,~ VC\1 ~1 r.C\ /u"n\i \'fl'l.C.Cr '(Xio( h \.<:-StlW1 <-;l. '"t U< ... v l)\.' . -U .. ~,-,'I.,. {~'Z -L.-' r\ i2.Q...·' \.. o,~ EFFECTIVE January 1, 2004 City of Renton Department of Planning / Building / Public Worxs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Sv.&bJ& .. ~-.jO~~..::>9IrRJ( COMMENTS DUE: MARCH 18, 2004 bell',. , t:: C' 't:.1'/~h. APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4, 2004 n . eol 'V:O", APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala 1Itf/41?/Lu.. v t: D PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian l:iU/I..DIA ~ oJ VOy SITE AREA: 35,000 square feet BUILDING AREA (gross): 13,705 square feet . 0c.:,' D/0.<;>, LOCATION: West of East Valley Rd. & North of SW 41 st St. I WORK ORDER NO: 77220 'vI\! SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements, A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic y~rds offill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet " 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional inform . n is needed to properly assess this proposal. Rev. 10193 Signature of Director or Routing.doc Date City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 1}opuc"~ $vc,C; ... COMMENTS DUE: MARCH 18, 2004 APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4,2004 b .. APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala . #~l:'~ .. PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian .~A> 1>0 'I'~Jf' (.i'>-.. _ "'''?.. V. SITE AREA: 35,000 square feet BUILDING AREA 19ross): 13,705 ~uare feet (h Y" <7/.1) ''<I)}''-~ ·.,'1 LOCATION: West of East Valley Rd. & North of SW 41 51 St WORK ORDER NO: 77220 <S';,t~, .... SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval f;:~~ construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A ch!ropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghtlG/are . Plants Recreation Land/Shoreline. Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoriclCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional info ation is needed to properly assess this proposal. /' . Date Rev. 10193 Project Name b}U.~ eR\)fX~;6~ol\)V\l, C,6",Hbt'l> Project Address 5 W.I.\ \ ~ .j.. E. V~ l'l.o Contact Person tAl I \7\. :B~ Address _____________ _ Phorie Number ,_' __________ _ Permit Number Lv Pi -0 Lj --0 He '. Project Description 13)705 ~\Jf1rx W:J,.,~,J M~"~ laJ~ Method of Calculation: I~C~j;\ land Use Type: , 0 Residential . o Retail ~ Non-retail IP-ITE Trip Generation Manual . o Traffic Study· . o Other (7;)0) Me1)/~~~ GJj- 3lP, -'3 ~ kruu Calculation: ',.r;z;)?~? : ,:\Iv i~', \3 >:. " q'q 3,~'\~, ~. , \~O $ I~ _ flJ4?J7) \31, 09 L\~S \ \\.e '/. Date: ~3}~5 j~W~, _ I 7/ Transportation Mitigation Fee: 1.l> 311 \ 37. 01> j Calculated by: \S. ~clu Account Number: __________ _ Date of Payment ______ -;--___ _ , ,. City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET COMMENTS DUE: MARCH 18, 2004 APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4, 2004 APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala PROJECT TITLE: BaZe Professional Center PLAN REVIEW: Jan lilian SITE AREA: 35,000 square feet .BUILDING AREA (gross): 13,705 square feet LOCATION: West of East Valley Rd. & North of SW 41 st St. I WORK ORDER NO: 77220 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More . Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water UghVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELA TED COMMENTS We heve ",v;ewed tros eppiioatJon wfth ",me"':,; I.!:[;ih~ .~e",.s of probable tmpad '" areas where additional information is needed to property assess this proposal. Signature of Director or Au Date Routing.doc ' Rev. 10193 City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Pi 91'1 '\(.r..vi e,\.:> COMMENTS DUE: MARCH 18, 2004 APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4, 2004 APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian SITE AREA: 35,000 square feet BUILDING AREA (gross): 13,705 square feet LOCATION: West of East Valley Rd. & North of SW 41 st St. I WORK ORDER NO: 77220 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinq Air Aesthetics Water UghVG/are Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoriclCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. . Signature of Director or Authorized Representative Routing.doc Date Rev. 10/93 City of Renton Department of Planning / Building / Public WorkS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~~~ DY\ ~,,(..S. COMMENTS DUE: MARCH 18, 2004 b ~/h. APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4,2004 "I t: Ccg.l~tvrofIL APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala U14q r" v II /) PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian /JUIin,. -., V04 SITE AREA: 35,000 square feet BUILDING AREA (gross): 13,705 ~quare feet 'IIG DII/J.~/_ LOCATION: West of ~ast Valley Rd. & North of SW 41 st St. I WORK ORDER NO: 77220 'vJV SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public SeNices Energy/ ., Natural Resources --Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS f7() We have reviewed this applicaUon with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. S;gn'turo ofDl_, ocA<dhori,ed R'~~ ~-Da" ~ {S;; a r Routing.doc Rev. 10193 CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC_PLANNING MEMORANDUM DATE: TO: FROM: STAFF CONTACT: SUBJECT: March 18,2004 Susaw~a/ Rebl~cYa'tind Don Erickson Baze Professional Center, Vicinity of East Valley Rd & SW 41st; LUA-04-016 The applicant is proposing to develop a vacant 35,000 square foot site located just west of Burger King into a semi-speculative professional office building in the Employment Area -Valley land use designation as shown on the Comprehensive Plan Land Use Map. The site is currently zoned CA, COnllnercial Arterial. The applicant's proposal is for a two-story hipped roof somewhat suburban looking office building of 13,705 square feet that would house a chiropractic office on the main floor and possibly medical/dental and other professional offices elsewhere in the building. Staff reviewed this application and commented on it in April 2003. At that time we recommended supporting the'preliminary application but requested additional information such as landscape plans and elevations. A marginal landscape plan has been provided along with architectural elevations of the building. Recommendation: Support this application Attachment cc: Don Erickson Document2\cor City of Renton Department of Planning / Building / Public Won,,,, ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: E"U:>f'\OV\l\.i ~ O~"'. COMMENTS DUE: MARCH 18, 20 JI"" rtr-" _ R APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4,2004 n,;;\"c. V t:U APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala MAR 8 ?nn!. PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian ECONOMJ(, "<0 •. SITE AREA: 35,000 square feet BUILDING AREA (gross): 13,705 squar .",i.1 NEIGHBORHOODS'''' .. ·· ~ NO STRATEGIC PLANNING LOCATION: West of East Valley Rd. & North of SW 41 st St. I WORK ORDER NO: 77220 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10.000 Feet 14,000 Feet B, POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to property assess this proposal. Signature of Director or Authorized Representative Routing.doc Date Rev. 10193 City of Renton Department of Planning / Building / Public We, .. J ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ?9<t:...s COMMENTS DUE: MARCH 18, 2004 APPLICATION NO: LUA-04-016, SA-A, ECF DATE CIRCULATED: MARCH 4, 2004 APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fiala PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian SITE AREA: 35,000 square feet BUILDING AREA (gross): 13,705 square feet LOCATION: West of East Valley Rd. & North of SW 41 51 St. WORK ORDER NO: 77220 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation ~ Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS ~ av--JL<J ~~ vi) ~M We have reviewed this application wi h particular attention to those areas in which we have expertise and have identified areas of probable impact or 'm" whem , ilion" info=,/ioo' .,ded to properly",." th" propo,",./rJ., Q /0 1 D"e-+ I Rev. 10193 City of Renton Department of Planning / Building / Public WorKs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET - I! '\ \ I::;; f(" . , rill REVIEWING DEPARTMENT: ~C'"'L COMMENTS DUE: MARCHj~8;!2BG4~'d} t£ I'u,i ~A~P~P~L~IC~A~T~I~O~N~N~O~:~L~U~A~-~04~-~01~6~,~S~A-~A~,~E~C~F ____________ ~D~A~T~E~C~I~R~C~U~LA~T~E=D~:~M~A~R~C~H~4~;'=20~'~~4 __ ~~ ________ ~I~11 I APPLICANT: W. H. Baker PROJECT MANAGER: Susan Fi'~laL; MAR - 5 2004 I ~ ~ L' n:; ~ \' i PROJECT TITLE: Baze Professional Center PLAN REVIEW: Jan lilian I I SITE AREA: 35,000 square feet I CITY OF RENTG~~ BUILDING AREA (gross): 13,70p square f~~~F ;::':-'"n;,\i;::.T LOCATION: West of East Valley Rd. & North of SW 41 sl St. I WORK ORDER NO: 77220 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghVGlare Plants Recreation LandiShoreffneUse Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELATED COMMENTS I \~ (2j)U'fU1f~ :5 We have reviewe this application wit areas where addi onal information is rticular attention to those areas in which we have expertise and have identified areas of probable impact or ed 10 properly ",." Ih~ propo,.l. ¥ j 1 Date I Rev. 10/93 DATE: TO: FROM: SUBJECT: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM March 5, 2004 Susan Fiala, Senior Planner I /JJ Jim Gray, Assistant Fire Marshal",l1!-- Baze Professional Center, SW 41s~ & East Valley Rd. MITIGATION ITEMS; 1. A fire mitigation fee of $7,126.60 is required based on $.52 per square foot of the building square footage .. FIRE CODE REQUIREMENTS: 1. The preliminary fire flow is 2250GPM, one hydrant is required within 150 feet of the structure and two additional hydrants are required within 300 feet of the structure. 2. Separate plans and permits are required for the installation of the sprinkler and fire alarm systems. 3. Provide a list of any flammable, combustible liquids or hazardous chemicals that will be used or stored on site. Please feel free to contact me if you have any questions. CITY <-2 RENTON PIanningIBuildinglPublic Works Department """'U'"I.,,,,·Wheeler, Mayor . G~egg Zimmerman P.E.~Administrator. •. March 4, 2004 .' ··W. H.Baker .. L.Etlnc. 1 91 04 440th St. SE' Enumclaw, WA 98022 ... Subject: . BazeProfessiorial Center LUA-04-016, SA·A, ECF . Dear Mr. Baker: . . ' .-.' ", . .',' .. ~':. ,", . . The DevelopmentPlanning'Sectionof the City of RentcinH~s determined that the "subject application is complete aC90rding to submittal requirements and, therefore, is accepted for review~ ." '.' '.' '. . .··.It is tentatively scheduled for considerati6n,b}dheEnvironmental Review Committee on . April6,2004.Prior to'tl:latreview, you wiIJb~l'lofified if any additional information is .r'equi~edtocontinue processingy6u(application .. ' '.' . . . '. . , ... ~ , ,'. . Please contact me at (425) 436-7382ifyou.hav~arlyquestion·s.:· J' . • •• Sincerely, Susan' Fiala' . Senior Planner ", " : <~ • cc:· L. Henke, RBaze, W.H. Baker fOwners ----~-------lO-5-5~S-ou-th~G-ro-d-y-W-ay---R-e-n-to-n-.W~as-h-in-g-to~n~9-8-05-5--~----~---~ * Th~ paper contains 50% recyded material, ;:10% post consumer AHEAD OF THE CURVE NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M) DATE: March 4, 2004 LAND USE NUMBER: LUA04-016, SA-A, ECF PROJECT NAME: Baze Professional Center PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the construction of a two-story professional office building totaling 13,705 sq. ft. The 0.80 acre site is zoned Commercial Arterial (CA) and is currently vacant. Access would be provided via SW 41 st Street. Approximately 55 surface parking stalls would be provided. The project also includes the installation of landscaping, a pedestrian walkway and necessary utility and street improvements. A chiropractic office on the main floor is the known tenant. The applicant is proposing to pre-load the site with 1,310 cubic yards of fill. PROJECT LOCATION: West of East Valley Rd. & North of SW 41 st St. OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely tor esult from the proposed project. Therefore, as permitted under the RCW 43.21 C.11 0, 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 0 f the Threshold Determination 0 f N on-Significance- Mitigated (DNS-M). A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: February 23, 2004 NOTICE OF COMPLETE APPLICATION: March 3, 2004 APPLICANT/PROJECT CONTACT PERSON: W. H. Baker (253) 332-7172 or Leigh Henke (253) 332-4449 Permits/Review Requested: Other Permits which may be required: Requested Studies: Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Environmental (SEPA) Review, Site Plan Approval N/A Storm Drainage Report, Geotechnical Report Planning/Building/Public Works Department, Development Services Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98055 Project site is deSignated Employment Area -Valley (EA-V) on the Comprehensive Plan Land Use Map and zoned Commercial Arterial (CA). The proposed professional office building appears to comply with the applicable CA zoning and development standards. Geotechnical Report, Drainage Report and SEPA checklist. The proposal is subject to the City's Environmental (SEPA) Review Ordinance, Zoning Code, Subdivision Regulations, Land Clearing and Tree Cutting Regulations, Public Works Standards, Uniform Building Code, Uniform Fire Code, and other applicable building and construction standards. Proposed Mitigation Measures: The wing recommended Mitigation Measures willi ikely .. . nposed 0 n the proposed project to address project impacts not covered by existing codes and regulations as cited above. Fire Mitigation Fee: equivalent to $0.52 per gross square foot of new commercial building area; and Traffic Mitigation Fee: equivalent to $75.00 per each new average weekday trip attributable to the proposal Comments on the above application must be submitted in writing to Susan Fiala, Senior Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on March 18,2004, If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, 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: Susan Fiala Tel: (425) 430-7382 I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I r-R ItOIDNIi IILDO.° , ..... KENT i!l I 80 u.i ... ~ 0 z -' ,BURLINGTON NORTHER 2 ORILLIA INDUSTRIAL 5 OF RENTON 01 V,, I S,W. 41ST 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, Development Planning, 1055 So. Grady Way, Renton, WA 98055. File No.lName: LUA04-016, SA-A, ECF I Baze Professional Center NAME: __________________________________________________ ___ ADDRESS: ______________________________________________ _ TELEPHONE NO.: ________________ _ ".. . ~-" .. r·' 1) <Y-\ -b\1.. ~~~~~~l{g City of Renton LAN,D USE PERMIT FEB 2 320O't . . RECE\VED MASTER APPLI,CATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: L /3 /G-H f/t=#K~RIJIllf)y 8,&Z£ W:H.8f)J(Er' PROJECT OR DEVELOPMENT NAME: Bllz£ PRDF£,55/0,!'/ALCEN/"cR ADDRESS: /911J~ ~tltJtI, S[ Sou7l1E/l5r PROJECT/ADDRESS(S)IlOCATION AND ZIP CODE: .. CITY: .. ZIP: £/Vp/VIci./lw, IUa., 9g0.22 /S~1h8L()CK '9/sr AJ.E#7t?A! tVa . TELEPHONE NUMBER: . \: ::..~ .;.;'. .. ., KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): ::;1 ." :,: APcPLICANT (if other than owner) . -1/./ ~f)36 0 -o05{)-08 NAME: ~~ SCct'~~~'-' 'Se..~ts EXISTING LAND USE(S): V.QC/7;v/ e {) /Yl/l1E;< C i If '- c~ANY (if applicable): .. PROPOSED LANDUSE(S): e OM ME ~ ei/l t- , S"'E.I< 'VIC G ADDRESS~\ol..l EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: BAli;' / CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION , (if applicable): /v'. Ii, TELEPHONE NUMBER EXISTING ZONING: til, CONTACT PERSON , PROPOSED ZONING (if applicable): NI'?, NAME: LU, II. 8RI<c/<. Or' /..£16-1/ /lE/V'/r1:: SITE AREA (in square feet): .~6: aoo so,Pi SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANy (if applicable): FOR SUBDIVISIONS OR PRIVATE STREETS SERVING 1-, B. lAIC, THREE LOTS OR MORE (if applicable): , ADDRESS: 12/0'1 ~¥()M 51: 5,£. '" " CITY: 'ZIP: E /IItJ/V1CLIJU~ u)/J, 9~tJ 2.2- -e-. """" .. "" ... ,,"'-.... . ,~' . ,.-.. -. PROPOSED RESIDENTIAL DENSliYINJJNITS PER NET ACRE (if applicable): :6'/';~:'-" ~', '. NUMBER OF PROPOSEDlZdTS'{if'ClPpli~ble):, '. Nil: \ "',,'t TELEPHONE NUMBER AND E-MAIL ADDRESS: k IAJ·H 8e..ho. AeIS" H~/} ~ J63'332 -7/7}' or~53~332-~'IP9 , NUMBER OF NEW DWELLlN~UNITS,(if applicable): " Nit· .' .. . Q:\WEB\PW\DEVSERWonns\Planning\masterapp.doc08I29/03 Pt .. JJECT INFORMATION (CQnt.ed) ~----------------------------------~ r----~~~--~L---------~----~--_. NUMBER OF EXISTING DWELLING UNITS (If applicable): PROJECT VALUE: II,. y. Mill i 0 "- till. SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS flf applicable): AI fJ SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN flf applicable): . f'v' It SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS[1f applicable): , .7'() SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN Cif applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS Cif applicable): /0· B.;.....L...'!""'----""-""-'-..........,......I...-____ ----I NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT flf applicable): flO -t/ ' IS THE SITELOCATED IN ANY TYPE'Oft ... .' ': , " ~NVlRONMENTAll Y CRITICAL AREA. PLEASE'INCLUDE SQUARE FOOTAGE {If applicable): ",'01, ., a AQUIFER PROTECTION AREA ON!:;, \ . . ; '; -~', .::, 'I ' , a AQUlFER PROTECTION AREA TwO ' ",' a FLOOD HAZARD AREA sq. ft. " a GEOLOGIC HAZARD sq. ft. a HABITAT CONSERVATION sq. ft. a SHORELINE STREAMS AND LAKES. ___ sq. ft. a WETlANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following infonnation included) SITUATE IN THE ME. QUARTER OF SECTION JL. TOWNSHI"P J3 , RANGE~, IN THE CITY ~ OF RENTON, KING COUNTY, WASHINGTON. " " .. TYPE OF APPLICA liON & FEES' .. List all land use applications being applied for: 1. SITE &/1/\/ #/OO{).DO 3. 2. £#y. AFlllizw/~oo.DO 4. Staff will calculate applicable fees and postage: $ ~. ,5'9 AFFIDAVIT OF OWNERSHIP RRJl/Dt BIJ"ZE. t.£I(;./I#EAI/("t:=.U.I.H, B~KEe I. (Print NameJs) r • declare that I am (please check one) _ the 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 ined and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidencer:; . signed this instrument and acknowledged it to be h' r/their free and voluntary act for the uses a . ned in the instrument /) " ... .J' B _ ~ tJ.. ~t{ oA-ze.; , tetbH~~' /;OJt-41r;U H·13~ ~7/r4 . NO~(_CP;;~ a. ~tV My __ Auqut£ ~ &J(1Jtf Q:\WEB\PW\DEVSERV\Fonns\Planning\masterapp.doc08f29103 • City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME' ,a~ .~ . -~ TELEPHONE NUMBER: 3 ZIP: ~caQ2.L APPLICANT (if other than owner) NAME: COMPANY (If applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON COMPANY (If applicable): ,L. ,13. //VC <:" ....... ~-;(~~\l.-..,.,~~ .c: .... \ CITY:::..,'.' "'t~ ,<, \~18 (-"' ,~"". ZIP: EP:lI /if{{j,C.H~ 1Wa , 99 () 2 2. Q:\WEB\PW\DEVSERV\AFORM\afomunasterapp.doc06ll5lO2 PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: [3192 £ P!<Of'I.=:S5/fJ;VfJI-eE#72"R PROJECT/ADDRESS(S)Jl..OCATION AND ZIP CODE: /50 rh 8t/~, Lfl sf ~E,N1'tYJ Wa, KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): If IrJfJ360-0tJ6CJOg EXISTING LAND USE(S): I V/lC/lNT (! o"tl/flP/< C 111 J... PROPOSED LAND USE(~): t!. O/W Mc~ e 1/1 t-.s£I<///CE EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: E./? f/. PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (If applicable): N/?· EXISTING ZONING: '. e./-? PROPOSED ZONING (If applicable): ;1//1, SITE AREA (in square feet): 35: /)OIJ SQ.Ff. SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (If applicable): e- PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (If applicable): ~ NUMBER OF PROPOSED LOTS (If applicable): Alil. . NUMBER OF NEW DWELLING UNITS (If applicable): N/? F4t>JECT INFORMATION (cont"ed) r-----------------------------------, r----~--------~------------------~ ~ /, "I /111/1/1 ON NUMBER OF EXISTING DWELLING UNITS (If applicable): IJ. PROJECT VALUE: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (If applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (If applicable): 1\1 fl. SQUARE FOOTAGE (If applicable): tV 0 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (If applicable): / 7 tJ5' sfl, SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (If applicable): II. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (If applicable): / ~ 'f I NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (If applicable): t) - [J AQUIFER PROTECTION AREA ONE [J AQUIFER PROTECTION AREA TWO [J FLOOD HAZARD AREA [J GEOLOGIC HAZARD [J HABITAT CONSERVATION [J SHORELINE STREAMS AND LAKES [J WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.fl ___ sq.fl ____ sq.ft. ___ sq.ft. ___ sq.fl (Attach legal description on separate sheet with the following infonnation included) SITUATE IN THE A/.E: QUARTER OF SECTION BL TOWNSHIP ~ RANGE...6:., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. S/-Ie Plan .t' '" /)00·00 3. 2. lEA/II t:.1Z VII2W ~f) tJ. oD 4. Staff will calculate applicable fees and postage: $ ~.59 AFFIDAVIT OF OWNERSHIP I, (Print Name/s) e, I.e kVV ~ tI Hf41lt~ , declare that I am (please check one) V'the current owner of the property Involved In this application or __ authorized representative to ad for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the Information herewith are In all respeds true and coned to the best of my knowledge and berJef. I certify that I know or have atisfadory evidence that I?" {tJ41 Lr Ii ~ signed this instrument and a owIedged it to be hlslherltheir free anduntaiY ad for the uses and purposes mentio in the instrument '" j" (Signature of OwnerlRepresentative) -~~otl (/~ f..-.blA.iMf.e-~-,:': JI ",,7.:t:i1--r)/.t? ",'". " My appointment expires: __ -,_t....:.... __ t..-?.......;.. , ______ _ Q:\WEB\PW\DEVSERV\AFORM\afonnmasterapp.doc06fl5/(1l ,! . 'ELOPMENT SERVICES DIVISION -/, WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section PROJECTNAME~_~=--==~=~~ __________ _ 2. Public Works Plan Review Section 3. Building Section DATE: _--.:....1 -_0-_1_-_D_<4 __ _ 4. Development Planning Section Q:\WEB\PW\DEVSERv\Forms\Planning\waiver.x1s , • DEVELOPMENT SERVICES DIVISIO. WAIVE:R OF SUBMITTAL REQUI~MENTS FOR LAND USE APPLICATIONS Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: ~a.2e fI'Df}~$/~J1aL Cen/~r DATE: .T 4tl • 2 7 ! () f Q:\WEB\Pw\DEVSERv\Forms\Planning\waiver.xls EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot6 of Burlington Northern, a Binding Site Plan, recorded as Recording No. 9206302696 in Volume 161 of Plats, pgs 8-11 being: That portion of Block 2 of the Plat of Burlington Northern Orillia Industrial Park of Renton as recorded in Volwne 108 of Plats; Pages 12 and 13, Records of King County, Washington, described as follows: Commencing at the Southeast comer of Lot 1 of said Block 2; thenCe South 1°.50'09" West along the East line of Lots 2 and 3 of said Block 2 a distance of 1326.48 Feet; Thence SOuth 68°49'45" West 39.11 feet to the North margin of Southwest 41'" Street; Thence North 88°37'07" West along said North margin 105.67 feet; Thence North 1 °50"12" East 2 J 0.00 feet; Thence North 88° 37'07" West 166.67 feet; Thence South 1 °50' 12" West 210.00 feet to the . North margin of Southwest 41 $I Street; Thence North 88°37'07" West along said margin 16~66 feet to the true point of beginning; Thence North 1°50'12" East 210.00 feet; thence North 88°37'07" West 166.67 feet; Thence South 1°50'12" West 2IO.00feet to said North margin; Thence South 88°37'07" East 166.67 feet to the true point of beginning. Site contains35,000 square feet .. Steven R. Rodkey Architect , 336S. Sherman Spokane. Washington 99202 BAZE PROFESSIONAL CENTER' PROJECT NARRATIVE Telephone 1-509-327-1091 Fox 1-509-328-5963 This project being submitted for Site Plan Review is the Baze Professional Center, a semi-speculative professional office building located just west of Burger King on S. W. 41St, St. in Renton, Washington. Thevacant 35,000 square foot 0.8 acre,project site is virtually flat, devoid of vegetation except for sparse native grass and is sUrrounded on three sides by industrial or commercial development and parking lots~ The site has been undeveloped in modem times and was primarily agricultural land up to approximately 35 years ago~It is currently zoned CA (Commercial Arterial), as are the properties to the north and east. The propt!rty to the west '~ zoned 1M (Industrial Medi~). , The building itself is a two-story 13, 705 gross square foot structure with medicaIld~ntaIlprofessional offices ~ the targeted tenant types. A chiropractic office on' , the main floor is the only known tenant at this time. The construction type will be wood frame, smb on grade, fully sprinkled' with a two-stop elevator for handicap accessibility. , Exterior materials will be composition roofing, stone,veneer, EIFS or Stucc.<> apdtinted glazing with liberal redwood'trims and detail features. The site will be paved and curbed with parking provided for 55 vehicles (16 compacts and 3 haridicap stalls). A parking modification request is not included here as we have . ' demonstrated that we have met'the requirement exactly. Vehicular aCcess to and from the " site will be at the northwest comer, through a new driveway to an existing adjacent access ' drive that connects to S.W. 41st. St. This access drive also handles traffic to and from the adjacent Burger King and the Act III Theatres to the north. COIPplete'landscaping will be ' installed on all property perimeters as well as around the building and an automatic sprinkler system will be provided. The required ~um 5' landscaping has been , increased to 7' on the east perimeter and the sidewalks have been shown as 7' to allow for 18' deep stalls with a 2' overhang. As part of this development, the existing sidewalk on , the north side ofS.W. 41st St. will be extended to the east at the south property line to the , access drive. A sidewa&, on site will extend from the building entrance to this sidewalk' for a pedestrian connection. A refuse and recyclable enclosure will be,provided at the , west end of the north parking lot. This enclosure will be a six foot tallclUtinlink fence with woven vinyl slates providing the screening. A pair offive foot wide swinging gates' will provide Waste Management with access. Parking lot lighting will be of the 'shoe bOx' style mounted on 20-25 foot aluminum poles designed and installed to shield light from adjacent properties. Signage for the finished project will be a pole mounted sign located ' , ' withih~\lG foot setback adjacentto 41st St. and conforming to requirements of the sign OE\lEL~_ON ' C\\ 1 , , fEB'l '3 1\l\l~ RECE\\lEO The soil on which the projcct will bear is fill consisting of medium dense, silty sand with gravel to a depth of five or six feet. Beneath that is alluvial soils consisting of soft organic silt and peat to a depth of nine orten feet. Groundwater was encountered in all test· . borings at a depth of about ten feet.. Due'to the nature of the soils encountered on t1:ris site, there will likely be long term consolidation of the underlying soils from the weight of . the proposed building. The building location needs to be preloaded with structural fill four feet deep above existing grades to mitigate the potential for post construction building settlement. Total settlements under the preload fill should be two to three inches and . should occur within about four to five weeks. The amount offill required for the preload will be in the neighborhood of 1,31 0 cubic yards. Following removal of excess preload material, the new building pad location will remain built up some'Yhat from the existing . grades to allow for proper drainage away from the building and the parking areas. . . The estimated construction cost for this project is $1.4 million dollars. This includes the building shell, all common areas, the chiropractic clinic space and full development of the site. City of Renton Development Services Division 1055 South Grady Way Renton, W A. 98055 SUBJECT: Baze Professional Building 9300 SW 41 st Street The proposed project is a two-story wood framed professional building. The building is projected to start the first part of May, completing the first part of Dec. 03'. The regular hours of work will be 7:30 a.m. to 5:00 p.m., Monday through Friday. There will be some deviation of hours due to weather or concrete pours, but these hours will be limited. There will be preload put on the property, approximate size 76'xI16'x4', equaling 1300 yards of seasonal compactable soil with a silt fence around the perimeter. The preload will be designed by Cramer Northwest, civil engineers, and monitored by Terra & Associates, soils engineers. The transportation route would be East Valley Road to 41 st Street to the BSP access lane and then on to the site. There will be a coarse rock driveway on-site and filter bags installed on all storm drains, affected by runoff from the site. The subject preload is small in size and should not need traffic control plans. A good clean rock driveway on-site, perimeter silt fence, and close supervision of trucks leaving the site, there should not be a problem with off-site contamination. William H. Baker L.B. Inc. iJEVELOPMENT PLANNING CITY OF RENTON FEB 2 32OO't ~1ECEIVED . \ -. c?-/I/Z£/? l_ty~«bl2.i,/I'G~ 7LJ.~€QlI~5.T ;9 uJ/?iI/F~ TL" ~-.xcEEl?_ /fFt2~~;~~O P~/-?KI/v~~ ~~ L/9 ;JTRU-S .__ __ ._ .. __ !i~ ___ 9. :5T~4 __ ~~_(!~7~~_._ .~o /J?~._/5~SE~.e~!I IAJ._. __ _ .. __ .~ ___ ._._. __ LI/E_Li~€£_~E_.E(Jt/~/?? _ ?:~~T .~ $/T'C/~F~<1-G _ .. (!L __ /?~~k?~~b-. ~~FA1(fl?_7C?_BLf ~/y£ _.~~_7Y;J'E _~tCJ$r: __ C;f)/??~tflzt! c!!'2~/!~!!!~/r5 /f'fi(c!~~ ,... _ 6!.(!,f/ (1!~?-2_:? ~_I!€:'._Y t}ll C./f/l( S E E_ 6'?:·??Y E . . . ___ ._. ______ ~~I/I.T.ftc;,J/l/~~lL_~,I)!A!I4!~:s_$.I/l?PtI9N we 0/.~~~. J/171(l~_ .~(),{,_~._,L)9I}JOSCi?PE /9~EFI i _ _ll!-''-!~I/_gy.cA~Fa_? fi1!!z!I/nilM{<i2QVIR.t::D ... TIIE ) 6 Tis . _P~IJL_ C'F __ Ii.tfl,R. SI/CJP~;?tJ6-~€N7J;.I< Wfl/~Ii_.ti!:?()t:Y..~_. -P"QR ~x.r~/l., _/Jc..e5.s _ /A' ___ IJ/u1;? t!L! / Or. 5_17(£_ S L"T~Fr/~ I/Vf»cr .. , ., , _ _ _ _____ elt~q ~j2 __ .8£.._.LI11///tA:!ft.? ~ __ l2. e !!,?I-rl ~ E _ _______ ... ___ &:E.?I!~~$..ff_ .... rQ~ ___ t:p~_?~_. ____ ~1!i9!/_~~r. ___ .fA!(2.L!~~ D ____ ~€ {t~J?I9.T/'.~ ... /If>t/<E~I~!~~ BOEING BLDG. 7-BI-~ ---....,..-.2~v KENT ST. o Z .....J 80 w 394.n BURLINGTON NORTHER n 2 . : ~OR I LL I A I NDUSTR I AL PiRKl .... ,... 5 "'''4 0 OF R E N TO N 0 I V. I ~ I~ ~ . S.W. '--____ ---, 4174 4170 4162 4160 ___ .300 .-----------___ '! __ _ O~;Ul 0: ~~ ; I~, . ~ I ~'I.! . ~ /S 8m 1SWr, I 244.1I!lII-----------.--2 ---~- (S.W. 43RD ST.) Cr::::JCr::::JCr::::Jct::Jc DEVELOPMENT PLANNING CITY OF RENTON FEB (~) 3 20O't Ol 41ST 3 \L.._C)_' _C) ____ -I I ~ ~ ~ ::t' , c. RECEIVED ST. Et , , " DEVELOPMENT PLANNING I"!;-" OF RENTON FEB 2 3 20O!t teECEIVED ENVIRONMENTAL CHECKLIST BAZE PROFESSIONAL CENTER S.W. 41st ST. & East Valley Road Renton, Wa. 98055 A. BACKGROUND 1. Name of proposed project, If applicable: ~AZG. prz.o~OIJAt... ~I-.J~ 2. Name of applicant Arz-;. c;ot-JSTF-UCTIOW 3. Address and phone number of applicant and contact person: . ~ I c::r I Oq-7. e;. -+10~. ~TAc;;..T ~ ~1A-~~ :z.~~ -~"?:2.-717Z. &IJUM':;''l~AW I WA. 1f,02-Z. 4. Date checklist prepared: alo~ef2 Ze:., -z.a::>~.? 5. Agency requesting checklist (/11'( CF ~TON PEV6L..OPM€/-JT seFYlceS. DIVISlq..,J 6. Proposed timing or schedule (Including phasing, If applicable): ~~61h1 ~j...Js;.Irz.UCTIO/J ~~UArz-1' za>4-. Flrz.=.T a:x;UFAf.Jc-, AU6UST '2-004 7. Do you have any plana tor future additions, expansion, or further activity ~lated to or connected with this proposal? If yes, explain. ''fE.c? ,ef-../,A.t--rT IMP(l-CN'GM6WjS I~ L6ASE. SPA~. 8. List any environmental IntonnatJon you knOW about that has been prepared, or will be prepared, directly related to this proposal. . be.OT~ ~ IOAL-(lepof2..' ~II.JA6&rzepOf2-T .pHA~ 1. ~I..JV/~O/-J/f\ef...JT~ 1'$&~iA&I-JT 9. -,Do you know whether applications are pending for govemmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. ~~f1,. P6J.J PI (.J<f:, 10. Ust any governmental approvals or pennlts that will be needed for your proposal. if known. evil-PI hl b PEfrozM I, ~$Ip..uc:.TI 01 .... 1. ·I~M \T 11. Give brief, complete description of your proposal, Including the proposed uses and the size of the project and site . . ff-oJe.v'T I S A 'WJO 71'~'" ~I-"SfSCUL-ATIvs. F¥-OF'S'%tOlJAL ~f1O& EU/I,...P/I..JG vJlTl-l / '?, 700 ~ 5.F.,AI..4D -=?,0I9 NeT "Sr.F, ~1Tf13P TO po. c:::HlfZO~C.T/C Off'1C8 . TJ-je S(\6 HAs> ~a:oS:F. Cf2 0.8> A~. Q:\WEB\PW\DEVSERV\AFORM\aformeovchlat.doc 2 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 daacription, 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 t50 f,;U)~ q:-'SMI. 1"1 ~ 9f. ~o~) ¥lA. '1 BO~ . ~e V4-Cf" WIJ..I Ut q= ~c?N '?I, 1tN.JIJSHIP 2'? ~az:n..I ) ~~ 06A7T. . B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one);~rol.ling, hilly, steep slopes, mountainous, other . b. What is the steepest slope on the site (approximate percent slope?) 010 c. What general types of solis 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. ~IUM Pc3lJ~) SIl--1'i ~Wt;;' WITH GAAVSL ~-(p FGGT pgep; 'SCFT O~IJIC ~L..-T I"\IJI7 ~T TO A t::eFl~ CF OJ-IO F6BT. d. Are there surface Indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. TO JoAITIGAT& tp01'1:*JTIAl--~ Po:;..T -c.o/-J9f,euC.Tlol-J ~S#JT DU& TO ~I\..JSoo c::::.q..J$O(;ID~I'O~ UlJPBP c;.1~ IMPOSE.p ~ -r~& P\2OPO'S>8P ~- 1lJJZe.AIJD LJ'5e) /HE;. ~1L,...DIf..J6 ~-fla-J Wlu... ee. ff?6\.Ot'wVGD. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. 1--10. g. About what pereant of the site will be covered with Impervious surfaces afte~ project construction (for example, asphalt or buildings)? 7~io h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: f..lOlJe Q:\WEB\PW\DEVSERV\AFORM\aformcnvchJst.doc 3 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. ~hJ ~'f2A L.-&Of-I c;..,'zi..K .... 11 0 ~ r.:;ue::;. T) f.J C)Je AF18I2 COMPLBTI ow . b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. ~o. c. Proposed measures to reduce or control emissions or other impacts to air, if any: 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. IJO 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. (JO .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. t/OB<7 !-JOT ;-"PPL.:-( 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. pOE:-S f-.J Of AFf'l.. 'i 5) Does the propo~alile within a 100-year flood plain? If so, note location on the site plan. /---Jo 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 Q:\ WEB\PW\DEVSERV\AFORM\a(orD1Cnvchlal.doc 4 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. ~Of..J8; 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. "5:?tJ(20G.'7 : JZQ:::f= (e J 108>$F) ~I ~WI'/....f=7,AJ..Jp PA\lIf.JC, (18, Z70SF). W'A~ ~G--rep 11--1 lA"\-rCA-4 e-ASU--I5 f'+..JD f1PSP To '&)(I"7TIJ.J6 ~ofZI.A S\7TGW\ OJ A0i J[ f'I2OFefZT1. G-Y6I-JTUAU-'f PISCH,A~S INTO ~h1b~ Cf-GB"f=.. 2) Could waste material enter ground or surface waters? If so, generally describe. /--J(?) d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: WA,ef!-JZUJ.JCf=f=" WIU-. ~ CQ....l...BcTBP A1JD c.Q.J~eo A'7 ~eeP > WI,H WA1"6f!- QlJAU1'1' AI-lD De1a..lTI~ PfZOVlrep IN 5)(.ISoTIN6 P.AC1UTi Q..J Ae.iT m Pf2o~. 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 __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? AU.-V~~1A110N Muc;.T ~ ~0v'&D. c. List threatened or endangered species known to be on or near the site. f-jol-J~ d~ Proposed landscaping. use of native plants, or other measures to preserve or enhance vegetation on the site, If any: f-..£:NJ T~ j ~RJe-?) GI?OLJj...J[/CO\IE:.~ .Al-JD?OD AT ~f'6(2-1Y . fW!MB'TE::(Z'S-Al-JI/ ,.A.puAC&t.J"T TO BUIL-PII-J&. Q:\ WEB\PW\DEVSERV\AFORM\aformenvchlst.doc 5 5 •. · ANIMALS a. Circle any birds and animals which have been ob~rved on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other J....IOI-Je. Mammals: deer, bear, elk, beaver, other HOj...!& Fish: bass, salmon, trout, herring, shellfish, other H O~ b. List any threatened or endangered species known to be on or near the site. f..JOI-J~ c. Is the site part of a migration route? If so, explain f-.lo d. Proposed measures to preserve or enhance wildlife, if any: I-lOfJ~ 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. bl¥7 AWO &L..€::vT(Z-\v fOf2. He.A,lhlG Af.-JD COOL.-Ir-!G b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. ~o. 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: I-Io~& . 7. E~RONMENTALHEALTH 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. f-..lO 1) Describe special emergency services that might be required. /-JONe. 2) Proposed measures to reduce or control environmental health hazards, if any: lJot-J~ Q:\ WEB\PW\DEVSERV\AFORM\aformcDvchlst.doc 6 b. Noise 1) What types of noise exist In the area which may affect your project (for example: traffic, equipment, operation, other)? . . "WAP'PI c;, CM s. V-J. ~I ~ ~ 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 . . ~c:;.TFi.JC;T{~ N~~ ~(L.-I' (iCl.w\· ~:'70p"" APPfZ.O><--) Uf-.J"Ttt.. COMft..e-r/Q..J. Ha..l& THsrz-GAptSf2-, 3) Proposed measures to reduce or control noise impacts, if any: HONS 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? <?l~ IS VA~AhiT . H a-,H -AUT 1IL TH~ AI-lO PA~II-JG>. ~$1-B<J~ I?/~G> ~f-Jp PAf2¥./r.J& . W67"T-Ii-JOU?T~I,At.. ~~.I"JJD PAf¥I~G . 5CUTrl-~1-JE:<7s. PAf2fo" AOf2-()'9';7 s·w· ~-,.f ';>T: .. b. Has the site been used for agriculture? If so, describe. ye;~ -UP TO Af7CVT '?? YeA~ ~E:O . c. Describe any structures on the site. NO~& d. Will any structures be demolished? lf~, what? /40 e. What is the current zoning classification of the site? c;,A ZOWt:. L cOMM8FOIAl--I'<~A["") t. What is the current comprehensive plan deSignation of the site? g. If applicable, wh~t Is the current shoreline master program deSignation of the site? 170 E:S N.OT ,A f'A .. :-( . h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. /-JO i. ApprOXimately how many people would reside or work in the completed project? t7Ulu/II-JG IS ~1-7Pe6-UL.A11V& et.JT A 6US'55 'WCUL() B8 ZO-Z? Q:\ WEB\Pw\DEVSERV\AFORM\a(ormcnvch1st.doc 7 .0. . j. Approximately how many people would the completed project disp~ce? J-..JOW~ . k. Proposed measures to avoid or reduce displacement impacts, if any: Howe;:, I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, If any: 1-l0~~ 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. ~o~e;, b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-Income housing. NOI-lISJ c. Proposed measures to reduce or control housing impacts, if any: NO\-lE$ 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.· , . "?? AI?Ov'6I (!;~oa . ;'v\A~AL--'? -STOJ.J& yfj;..JtiiefZ.) SI FS qE. s;rucco , WOClD TfZ-IM ) 6(""A97) ~05fTI~ tz-c;oFII-J&. b. What views In the Immediate vicinity would be altered or obstructed? f..J,OI--JG: c. Proposed measures to reduce or control aesthetic Impacts, if any: ["'Al-lr?7~APIf..J6 &Hi/IZTS SITE; 11. UGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? \-Joj..J~ b. Could light or glare from the finished project be a safety hazard or interfere with views? No Q:\ WEB\Pw\DEVSERV\AFORM\aformcDvchlst.doc 8 . -.:;. c. What existing off-site sources of light or glare may affect your proposal? t-Jo~~ . d. Proposed measures to reduce or control light and glare impacts, if any: i--lol--lE": ,12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? I Po l-J'" ~ ow b. Would the proposed project displace any existing recreational uses? If so, describe. N°\-J6J c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: NO\-lE:l 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. ~o b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. No~~ c. Proposed measures to reduce or control impacts, if any: ~oj...:J& 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing s~t system. Show on site plans, if any. . ~.w. 4ft ovr. P/l2evJt.."""( ~H.Al-JD E?I.'7T VAl...L.Bj' fZOAD AJ.JP v,.....u..e;y ~WAY lip7 ~e f?(...X~ 6A'>T. veHIC{...8S WI/.....I-. S')(tT <711'& TO I"4J A~ f2.0AP ,AI-JD If.-J ,Uf2+..I ,0 s.w. ~";ft 'SoT b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? ( DOIJ, I~OW c. How many parking spaces would the completed project have? How many would the project eliminate? ~~ f-Jf3'f1 "SPAc;es. r-JOf..JEi 6l-IMII-JAj9P Q:\ WEB\PW\DEVSERV\AFORM\aformcnvchlst.doc 9 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? "~71Gl-1 ~ B)<'I$"T/1--J6 FUf;(...tc" SI~WA~ ~ 1-J0(qH 51PS-cr 5.W·41~ sr· 10 Ac.ce950 PfZ'lve-. . 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. I g. Proposed measures to reduce or control transportation impacts, if any: HO}-.J~ 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. f..,lo b. Proposed measures to reduce or control direct impacts on public services, if any .. f.,JOf..j& 16.-UTILmES a. 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 . .Al,..l., TI .... W~ C(~p IN 1(P~. c. SIGNA lURE I, the undersigned, state that to the best of my knowledge the above Information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this .checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. . Proponent ~ (2. ~ll~ Name Printed: 7,&V€*-J rz.. ~ p~y Date: . OOIOf7ef" ~> 'Z~ Q:\ WE8\PW\DEVSERV\AFORM\aformenvchJst.doc 10 TABLE OF CONTENTS I. PROJECT OVERVIEW II. CONDITIONS AND REQUIREMENTS SUMMARY III. OFFSITE ANALYSIS IV. RETENTION/DETENTION ANALYSIS AND DESIGN V. CONVEYANCE SYSTEM ANALYSIS AND DESIGN VI. SPECIAL REPORTS AND STUDIES VII. BASIN AND COMMUNITY PLANS VIII. OTHER PERMITS IX. EROSION/SEDIMENTATION CONTROL DESIGN X. BOND QUANTITIES, FACILITY SUMMARIES AND DECLARATION OF COVENANT XI. OPERATIONS AND MAINTENANCE MANUAL APPENDIX A CONVEYANCE SYSTEM CALCULATIONS APPENDIX B MAINTENANCE & OPERATIONS MANUAL APPENDIX C ACT III THEATRE DRAINAGE REPORT I. PROJECT OVERVIEW Existing Conditions: This project is located on the north side of SW 41 st Street approximately 370' west of East Valley Highway. It is located south of the Act III Theatres. It is Lot 6 of the Burlington Northern Binding Site Plan 92-014. The site is approximately 0.80 acres. The site consists of mostly grass. The site is very flat, but the drainage tends to flow to the north toward the existing storm system for the Act 1/1 Theatres. The drainage is collected in a catch basin located northeast of the site, where it is conveyed west to a combined detention/wet pond. The site's soil is a Snohomish Silt Loam (So) per the King County Soils Survey. Proposed Conditions: The project proposes to build commercial building on the site that has a footprint of 66' x 106'. A parking lot for the tenants and clients will also be provided. Access to the site will be provided off of the existing 50' access and utility easement along the east side of the property. Site runoff will be collected in catch basins and conveyed through a" and 12" PVC pipes to the existing storm system located on the Act III system northeast of the site. The Act III Theatre drainage system has been designed to accommodate the site's runoff per "Drainage Calculations for Act III Theatres, City of Renton, Washington" prepared by Horton Dennis & Associates, dated August 8, 1996. This report is included in Appendix C. II. CONDITIONS AND REQUIREMENTS SUMMARY Preliminary conditions have been provided. The core requirements of the King County Surface Water Design Manual (KCSWDM) will be provided as follows: Core Requirement #1, Discharge at the Natural Location: The natural discharge location for this site is to the north. Project runoff will be collected in catch basins and conveyed in 8" and 12" PVC pipes to the existing storm system located on the Act II Theatres site. Core Requirement #2, Offsite Analysis: An offsite analysis has not been provided because the Act III Theatres project has already addressed it in their report referred to above. Core Requirement #3, Runoff Control: Flow control has been provided in the combined detentionlwetpond of the Act III Theatre site to the north of this project. Core Requirement #4, Conveyance System: The conveyance system will consist of 8" and 12" PVC pipes and 6" PVC roof drains. Calculations are provided in Appendix A. Core Requirement #5, Erosion/Sedimentation Control: An erosion and sedimentation control plan has been provided. Some of the elements that have been provided are a construction entrance, silt fence, inlet protection, and seeding. Core Requirement #6, Maintenance and Operations: A maintenance and operations manual has been provided in Appendix D. Core Requirement #7, Financial Guarantees and Liability: The owner will provide this information prior to permit issuance. III. OFFSITE ANALYSIS An offsite analysis has not been provided because the Act III Theatres project has already addressed it in their report referred to above. IV. RETENTION/DETENTION ANALYSIS AND DESIGN A combined detentionlwet pond facility has been designed to accommodate this properties runoff and is located on the Act III Theatre site to the north of this project. V. CONVEYANCE SYSTEM ANALYSIS AND DESIGN The conveyance system will consist of 8" and 12" PVC pipes and 6" PVC roof drains. Calculations are provided in Appendix A. VI. SPECIAL REPORTS AND STUDIES A report titled "Drainage Calculations for Act 11\ Theatres, City of Renton, Washington" prepared by Horton Dennis & ASSOCiates, dated August 8, 1996 accounts for the runoff from this site. See Appendix C. VII. BASIN AND COMMUNITY PLANS No basin or community plans are known to exist. VIII. OTHER PERMITS No other permits are known to be required at this time. IX. EROSION/SEDIMENTATION CONTROL DESIGN An erosion and sedimentation control plan has been provided. Some of th~ elements that have been provided are a construction entrance, silt fence, inlet protection, and seeding. No calculations are necessary for these TESC measures. X. BOND QUANTITIES, FACILITY SUMMARIES AND DECLARATION OF COVENANT This information will be provided prior to permit issuance if requested. XI. MAINTENANCE AND OPERATIONS MANUAL A maintenance and operations manual has been provided in Appendix B. APPENDIX A CONVEYANCE SYSTEM CALCULATIONS Project Description Worksheet Flow Element Method Solve For Input Data S"PVC@0.5% Circular Channel Manning's Formula Discharge Mannings Coefficient Slope 0.010 0.005000 ftIft 0.67 ft 0.67 ft Depth Diameter Results Discharge Flow Area Wetted Perimeter Top Width Critical Depth Percent Full Critical Slope Velocity Velocity Head Specific Energy Froude Number Maximum Dischars; Discharge Full Slope Full Flow Type 1.13 cfs 0.4 ft2 2.10 ft 0.00 ft 0.50 ft 100.0 % 0.006008 ftIft 3.19 ftls 0.16 ft 0.83 ft 0.00 1.21 cfs 1.13 cfs 0.005000 ftIft N/A c:\haestad\fmw\2003-109.fm2 10/27103 03:51 :27 PM Project Summary Report cramer northwest © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Project Engineer: larry krueger FlowMaster v6.0 [614e1 Page 3 of 3 Project Description Worksheet Flow Element Method Solve For Input Data 12"PVC@0.5% Circular Channel Manning's Formula Discharge Mannings Coefficient Slope 0.Q10 0.005000 ftIft 1.00 ft 1.00 ft Depth Diameter Results Discharge Flow Area Wetted Perimeter Top Width Critical Depth Percent Full Critical Slope Velocity Velocity Head Specific Energy Froude Number Maximum Dischart; Discharge Full Slope Full Flow Type 3.27 cfs 0.8 ft· 3.14 ft 0.00 ft 0.77 ft 100.0 % 0.005589 ftIft 4.17 ftls 0.27 ft 1.27 ft 0.00 3.52 cfs 3.27 cfs 0.005000 ftIft N/A c:\haestad\fmw\2003-109.fm2 10127/03 03:51 :27 PM Project Summary Report cramer northwest © Haeslad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Project Engineer: larry krueger FlowMaster v6.0 [614e) Page 1 of 3 Project Description Worksheet Flow Element Method Solve For Input Data S"PVC@2% Circular Channel Manning's Formula Discharge Mannings Coefficient Slope 0.Q10 0.020000 ftIft 0.50 ft 0.50 ft Depth Diameter Results Discharge Flow Area Wetted Perimeter Top Width Critical Depth Percent Full Critical Slope Velocity Velocity Head Specific Energy Froude Number Maximum Dischal'lj Discharge Full Slope Full Flow Type 1.03 ets 0.2 ft· 1.57 ft 0.00 ft 0.48 ft 100.0 % 0.017329 ftIft 5.25 ftls 0.43 ft 0.93 ft 0.00 1.11 ets 1.03 ets 0.020000 ftIft N/A c:\haestad\fmw\2003-109.fm2 10127103 03:51 :27 PM Project Summary Report cramer northwest @Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Project Engineer: larry krueger FlowMaster v6.0 [614e] Page 20f 3 APPENDIX 8 MAINTENANCE AND OPERATIONS MANUAL KIN G CO U NT Y, WAS H I N G TON, SUR FA C E W ATE R DES I G N MAN U A L NO.5 -CATCH BASINS Maintenance Component General Defect TraSh & Debris (Includes Sediment) Structural Damage to Frame and/or Top Slab Cracks In Basin Walls/Bottom Settlement/ Misalignment Rre Hazard Vegetation Pollution Conditions When MaIntenance Is Needed Trash or debris of more than 1/2 cublo foot which is located Immediately In front of the catch basin opening or is blocking oapaoIty of basin by more than 10%. Trash or debris On the basin) that exceeds 1/3 the depth from the bottom of basin to Invert of the lowest pipe into or out of the basin. Trash or debris in any Inlet or outiet pipe blocking more than 1/3 of Its height. Dead animals or vegetation that could generate odors that would" cause complaints or dangerous gases (e.g., methane). Deposits of garbage exceeding 1 cublo foot In volume. Corner of frame extends more than 3/4 Inch past curb face Into the street (if applicable). Results Expected When MaIntenance I. Performed No trash or debris located immediately In front of catch basin opening. No trash or debris in the catch basin. Inlet and outlet pipes free of trash or debris. No dead animals or vegetation present within the catch basin. No condition present which would attract or support the breeding of insects or rodents. Frame Is even with curb. Top slab has holes larger than 2 square Top slab Is free of holes and cracks. inches or cracks wider than 1/4 Inch Qntent is to make sure all materlalls running into the basin). Frame not sitting flush on top slab, I.e., "Frame Is Sitting flush on top slab. separation of more than 3/4 inch of the frame from the top slab. Cracks wider than 1/2 inch and /onger than 3 feet, any evidence of soil particles entering catch basin through cracks, or maintenance person judges that structure Is unsound. Cracks wider than 1/2 Inch and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soli part/cles entering catch basin through cracks. BasIn has settled more than 1 Inch or has "rotated more than 2 Inches out of alignment. Presence of chemicals such as natural gas, oil, and gasoline. Vegetation growing across and blocking more than 10% of the basin opening. Vegetation growing In inlet/outlet pipe joints that is more than six inches tall and less than six Inches apart. Nonflammable chemicals of more than 1/2 cubic foot per three feet of basin length. A-5 Basin replaced" or repaired to design standards. No cracks more than 1/4 Inch wide at the joint of inlet/outlet pipe. BasIn replaced or repaired to design standards. No flammable chemicals present No vegetation blocking opening to basin. No vegetation or root growth present. No pollution present other than surface film. 1/90 KIN G CO UN T Y, WAS H I N G TON, SUR FA C E W ATE R DES I G N MAN U A L NO.5· CATCH BASINS (Continued) Maintenance Conditione When Maintenance Component Defect I. Needed Catch Basin Cover Cover Not In Place Cover Is missing or only partially In place. Any open catch basin requires maintenance. locking MeChanism cannot t!e opened by one Mechanism Not maintenance person with proper tools. Working Bolts i.nto frame have less than 1/2 Inch of thread. Cover Difficult to One maintenance person cannot remove Remove lid after applying 80 Iba. of 11ft; intent Is keep cover from sealing off access to maintenance. Ladder Ladder Rungs Ladder is unsafe due to missing rungs, Unsafe misalignment, rust, cracks; or sharp edges. Metal Grates Grate with opening Wider than 7/8 inch. Of applicable) Trash and Debris Trash and debris that is blocking more than 20% of grate S4rface. Damaged or Grate missing or broken member(s). of Missing the grate. Reauita Expected When Maintenance I. Performed Catch basin cover Is closed. Mechanism opens with proper tOols. Cover can be removed by one maintenance person. Ladder meets design standards and allows maintenance person safe access. Grate openings meet des/gn standards. Grate free of trash and debris. Grate Is In place and meets design standards. KIN G C 0 U NT Y. WAS H I N G TON. SUR FA C E W ATE R DES I G N MAN U A L ~ NO. 10 -CONVEYANCE SYSTEMS (Pipes a Ditches) Maintenance Conditions When Maintenance. R.sults~ Component Defect Ia Needed When MaIntenance Is Performed Pipes Sediment & Debris Accumulated sediment that exceeds 20% Pipe cleaned of all sediment and debris. of the diameter of the pipe. Vegetation Vegetation that reduces free movement of All vegetation removed so water flows water through pipes. freely through pipes. Damaged Protective coating Is damaged; rust Is causing more than ~ deterioration to Pipe repaired or replaced. any part of pipe. Any dent that decreases the cross section Pipe repaired or replaced. area of pipe by more than 20%. Open Ditches Trash & Debris Trash and debris exceeds 1 cubic foot Trash and debris cleared from ditches. per 1,000 square feet of ditch and slopes. Sediment Accumulated sediment that exceeds 20" Ditch cleaned/flushed of all sediment and of the design depth. debris so that It matches design. Vegetation Vegetation that reduces free movement of Water flows freely through ditches. water through ditches. erosion Damage to Slopes See "Ponds" Standard No. 1 . See "Ponds" Standard No.1. Rock Unlng Out of . MaIntenance person 'can see native soil Replace rocks to design standard. Place or Missing (If beneath the rock lining. Applicable) ~ Catch Basins See "Catch Basins" $tandard No. 5 See "Catch Basins" Standard No. 5 Debris BarrIers See "Debris BarrIers" Standard No.6 See "Debris BarrIers" Standard No.6 (e.g., Trash Rack) A-ll 1190 APPENDIXC ACT III THEATRE DRAINAGE REPORT. DRAINAGE CALCULATIONS FOR ACT m THEATRES CITY OF RENTON, WASHINGTON Prepared By: Bryant 0: Mereil, P.E. HORTON DENNIS & ASSOCIATES, INC. 320 Second Avenue South Kirkland, Washington 98033-6687 Phone: (206) 822-2525 Fax: (206) 822-8758 May 15, 1995 / j Revised July 14, 1996 Revised August 8, 1996 HDA File No. 9566.00 a/s/qs I TABLE OF CONTENTS Introduction: 1 Summary of Results: ....................................................... 2 t Basin Summaries: ......................................................... 5 Detention Basin Design Data: ................................................. 9 Water Quality: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Drainage Area Map: ....................................................... 17 I j -------~~~~~~~~~~~------------------------ INTRODUCTION The following computations present the preliminary design of a stormwater detention system for the proposed Act ill Theater Facility. The proposed 12.28 acre development, comprised of a 56,896 square foot theatre with 13 screens and 3,584 seats, is located on the west side of East Valley Highway, north ofSW 41st Street in the City of Renton. . t EXISTING DRAINAGE CONDITIONS The project site is presently a vacant parcel (Lot 3 of the Northern Railroad Binding Site Plan No. 014-92). The parcel was filled approximately 18 years ago. The existing ground cover consists mainly of grasses in poor condition over the fill material. The western portion of the parcel has several low areas identified during early project review as wetland areas with low functional values. The site generally drains from east to west to the wetland areas at an average slope of 0.25 percent. The runoff curve number and time of concentration for the pre developed condition were obtained from the preliminary drainage calculations, prepared by Bush, Roed and Hitchings in support of the site plan applic~tion for the Pace warehouse development (SP-005-92). A copy of the preliminary calculations has been provided at the end of this report. PROPOSED DRAINAGE CONDITIONS Runofffrom the parking area in front of the proposed building will be conveyed in a storm drain pipe system to a grass-liiled swale in the proposed wetland buffer at the rear of the building. The swale has been designed with a flat slope to promote water quality through ponding prior to discharge into the detention basin. The swale will outfall into the first ofthree water quality ponds. These ponds have been designed using the methodologies for a combined water quality / detention basin as outlined in the 1992 edition of the King County Stormwater Management (SWM) Manual. While the above mentioned grass lined swale will provide some water quality benefits, site constraints precluded the design of a bio-filtration swale meeting the requirements of the King County SWM Manual. To compensate for use of a smaller sWale, additional storage has been provided in the proposed water quality ponds. Additional water quality storage has also been provided to compensate for paved areas downstream of the proposed facility. Calculations for pond surface area and volume are detailed on page 13 of this report. I J 1 The proposed detention basin has been designed to maximize the volume available for storage of excess storm water runoff while maintaining the hydrology of the existing and proposed wetland areas. The detention basin has been designed to release flows at or below the pre developed rate~ for the~1 Ig~ __ ~f(QQj~~ar:~tonns per cit)fofRenton standard~. Detention storage has also been provided for development of Lots 4 and 6 of the Burlington Northern Binding Site Plan (BSP 014- 92), immediately south of the project site. The boundaries of the proposed drainage area tributary to the detention facility as well as limits of the bypass and off site areas are delineated on the drainage area map at the end of this report. The "Waterworks" program with the Santa Barbara Unit Hydrograph (SBUH) method and King County rainfall distribution (USER 1) was used in the design of the proposed facility. Control in the detention system will be provided by the following set inside of a 54 inch diameter catch basin manhole. • A 1 inch diameter orifice with an outlet elevation of 10.87 • A 3.5 inch diameter orifice with an outlet elevation· of 15.00 • A 6 inch diameter elbow with an outlet elevation of 15.50 • An 15 inch diameter restrictor with an overflow elevation of 16.50 The control structure will discharge to a 15-inch storm drain pipe. The stonn drain pipe will extend approximately 450 feet west to a connection with an existing 60-inch storm drain pipe on the west side of Lind Avenue. The 60-inch stonn drain pipe continues approximately 1300 feet north, then 1,000 feet east to an outfall in Springbrook Creek. . / j 2 SUMMARY OF RESULTS PROPOSED DETENTION SYSTEM Total Area of Project Site: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12.28 Acres Less Bypass Area: ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0.60 Acres Less Bypass Area Tributary to HOll)e Base Detention Basin: ................... 0.26 Acres Total Area of Project Site Tributary to Detention Basin: ..................... 11.42 Acres Plus Off site Wetland Mitigation Area: .................................... 0.28 Acres Plus Off site Areas (Home Base and Ex. Warehouse): ......................... 0.01 Acres Plus Area of Lots 4 and 6 (BSP 014-92) Tributary to Detention Basin: ........... 1.52 Acres Total Area Tributary to Detention Basin: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13.23 Acres 1 YEAR STORM (WATER QUALITY) , Peak Discharge for Pre Developed Conditions: .................................. NI A Peak Inflow to Basin: .................................................. 1.17 cfs Proposed Release Rate: .............. " ................................. " ... 0.05cfs Design Water Surface Elevation: ....................................... . . . .. 14.01 Approximate Volume of Storage Provided: ................................. 14,800 cf 2 YEAR STORM Peak Discharge for Pre Developed Conditions: ............................... 0.66 cfs Peak Inflow to Basin: .. ,............................................... 4.53 cfs Proposed Release Rate: ................................................. " 0.55 cfs Design Water Surface Elevation: ....... :.................................... 15.61 Approximate Volume of Storage Provided: ................................. 52,800 cf 10 YEAR STORM Peak Discharge for Pre Developed Conditions: ............................... 1.76 cfs Peak Inflow to Basin: .................................................. 6.94 cfs Proposed Release Rate: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.03 cfs Design Water Surface Elevation: ........................................... 15.95 Volume of Storage Provided: ........................................... 63,400 cf 100 YEAR STORM Peak Discharge for Pre Developed Conditions: ............................... 3.28 cfs Peak Inflow to Basin: .................................................. 9.66 cfs Proposed Release Rate: ............ '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.37 cfs Design Water Surface Elevation: .................... ~ . . . . . . . . . . . . . . . . . . .. . .. 16.38 Volume of Storage Provided: j. 1. ........................................ 85,300 cf 3 .--~-~~~--~~~~--~~----~- SUMMARY OF RESULTS HISTORY OF HYDROGRAPH ACTIVITY Date of Session: 8/8/96 11:12:34 am • LPOOL 1 "WATER QUALITY STORM" B1-WQ-1 B1-WQ-l S-4 0-4 1 Description MatchQ PeakQ sto Dis PkStg WATER QUALITY STORM 0.00 1.17 S-4 D-4 14.01 LPOOL 2 "2 YEAR STORM" B1-EX2 B1-DEV2 S-4 0-4 2 Description MatchQ PeakQ sto Dis PkStg 2 YEAR STORM 0.66 4.53 S-4 0-4 15.61 LPOOL 3 "10 YEAR STORM" B1-EX10 B1-DEV10 S-4 0-4 3 Description MatchQ PeakQ Sto Dis PkStg 10 YEAR STORM 1. 76 6.94 S-4 0-4 15.95 LPOOL 4 "100 YEAR STORM" B1-EX100 B1-DE100 S-4 0-4 4 Description MatchQ PeakQ sto Dis PkStg 100 YEAR STORM 3.28 9.66 S-4 0-4 16.38 / j 4 outQ hyd 0.05 1 OutQ hyd 0.55 2 OutQ hyd 1. 03 3 OutQ hyd 1.37 4 Volume 14819.61 cf Volume 52822.37 cf Volume 63440.51 cf Volume 85360.08 cf BASIN SUMMARIES i j 5 BASIN ID: B1-EX2 SBUH METHODOLOGY TOTAL AREA ....... : RAINFALL TyPE .... : PRECIPITATION .... : TIME INTERVAL .... : ABSTRACTION COEFF: BASIN SUMMARIES PRE DEVELOPED CONDITIONS NAME: BASIN I, EX. 2YR STORM 13.23 Acres BASEFLOWS: 0.00 cfs USER! PERV 2.00 inches AREA .. : 13.23 Acres 10.00 min CN .... : 81. 00 TC .... : 60.00 min 0.20 PEAK RATE: 0.66 cfs VOL: 0.67 Ac-ft TIME: 520 min BASIN m: B1-EX10 NAME: BASIN I, EX. 10YR STORM SBUH METHODOLOGY ~OTAL AREA ....... : 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TyPE .... : USER1 PERV PRECIPITATION .... : 2.90 inches AREA .. : 13.23 Acres TIME INTERVAL .... : 10.00 min CN .... : 81.00 TC .... : 60.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 1. 76 cfs VOL: 1.36 Ac-ft TIME: 490 min BASIN ID: B1-EX100 SBUH METHODOLOGY TOTAL AREA ....... : RAINFALL TyPE .... : PRECIPITATION .... : TIME INTERVAL .... : ABSTRACTION COEFF: NAME: BASIN I, EX. 100YR STORM 13.23 Acres BASEFLOWS: 0.00 cfs USER1 PERV 3.90 inches AREA .. : 13.23 Acres 10.00 min CN .... : 81. 00 TC .... : 60.00 min 0.20 PEAK RATE: 3.28 cfs VOL: ·2.25 Ac-ft TIME: 490 min / f 6 IMP 0.00 Acres 0.00 0.00 min IMP 0.00 Acres 0.00 0.00 min IMP 0.00 Acres 0.00 0.00 min BASIN ID:B1-WQ-1 SBUH METHODOLOGY TOTAL AREA ....... : RAINFALL TyPE .... : PRECIPITATION .... : TIME INTERVAL .... : BASIN SUMMARIES POST DEVELOPED CONDITIONS NAME: BASIN 1, WATER QUALITY STORM 13.23 Acres BASEFLOWS: 0.00 cfs USER1 PERV 0.67 inches AREA .. : 2.87 Acres 10.00 min CN .... : 81. 00 IMP 10.36 Acres 98.00 TC .... : 39.80 min 14.85 min ABSTRACTION COEFF: TcReach -Sheet L: impTcReach -Sheet impTcReach -Sheet impTcReach -Channel irnpTcReach -Channel PEAK RATE: 1.17 BASIN ID: B1-DEV2 SBUH METHODOLOGY cfs 0.20 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 L: 990.00 kc:42.00 s:0.0038 L: 165.00 kc:17.00 s:0.0045 VOL: 0.41 Ac-ft TIME: 480 min NAME: BASIN 1, DEV. 2YR STORM TOTAL AREA ....... : 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TyPE .... : USER1 PERV PRECIPITATION .... : 2.00 inches AREA .. : 2.87 Acres TIME INTERVAL .... : 10.00 min CN .... : 81. 00 IMP 10.36 Acres 98.00 TC .... : 39.80 min 14.85 min ABSTRACTION COEFF: TcReach -Sheet L: impTcReach -Sheet impTcReach -Sheet impTcReach -Channel impTcReach -Channel PEAK RATE: 4.53 cfs BASIN ID: B1-DEV10 SBUH METHODOLOGY 0.20 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 L: 990.00 kc:42.00 s:0.0038 L: 165.00 kc:17.00 s:0.0045 VOL: '1.68 Ac-ft TIME: 480 min NAME: BASIN 1, DEV. 10YR STORM TOTAL AREA ....... : 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TyPE .... : USER1 PERV . IMP PRECIPITATION .... : 2.90 inches AREA .. : 2.87 Acres 10.36 Acres TIME INTERVAL .... : 10.00 min CN .... : 81.00 98.00 TC .... : 39.80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach -Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach -Sheet L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 irnpTcReach -Sheet L: 50.00 ns:0.Ol10 p2yr: 2.00 s:0.0120 impTcReach -Channel L: 990.00 kc:42.00 s:0.0038 irnpTcReach -Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 6.94 cfs VOL: 2.60 Ac-ft TIME: 480 min / I 7 ---------------------------------------------------------------------------------------------- BASIN ID: B1-DE100 SBUH METHODOLOGY TOTAL AREA ....... : RAINFALL TyPE .... : PRECIPITATION .... : TIME INTERVAL .... : NAME: BASIN 1, DEV. 100 YR STORM 13.23 Acres USER1 3.90 inches 10.00 min BASEFLOWS: AREA .. : CN .... : 0.00 cfs Acres IMP 10.36 Acres 98.00 TC .... : PERV 2.87 81. 00 39.80 min 14.85 min ABSTRACTION COEFF: 0'40 TcReach -Sheet L: 196.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach -Sheet L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 impTcReach -Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 impTcReach -Channel L: 990.00 kc:42.00 s:0.0038 irnpTcReach -Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 9.66 cfs VOL: 3.65 Ac-ft TIME: I j 8 480 min i j 9 DETENTION BASIN DESIGN DATA STAGE STORAGE TABLE CUSTOM STORAGE, 10 No. S-4 Description: PROPOSED DETENTION BASIN STAGE <----STORAGE----> STAGE <----STORAGE----> STAGE <----STORAGE----> STAGE <----STORAGE----> (ft) ---cf-----Ac-Ft-(ft) ---cf-----Ac-Ft-(ft) ---cf-----Ac-Ft-· (ft) ---cf-----Ac-Ft-0===0=0=_= __ ==_=c===============4======---=======--0===0== ___ = ________ = __ = ___ == __________ =========_0==== 13.00 0.0000 0.0000 14.20 18550 0.4258 15.40 46350 1.0640 16.60 97350 2.2348 13.10 1470 0.0337 14.30 20475 0.4700 15.50 49450 1.1352 16.70 102750 2.3588 13.20 2940 0.0675 14.40 22400 0.5142 15.60 52550 1.2064 16.80 108150 2.4828 13.30 4410 0.1012 .14.50 24325 0.5584 15.70 55650 1.2775 16.90 113550 2.6067 13.40 5880 0.1350 14.60 26250 0.6026 15.80 58750 1.3487 17.00 118950 2.7307 13.50 7350 0.1687 14.70 28175 0.6468 15.90 61850 1.4199 17.10 124350 2.8547 13.60 8820 0.2025 14.80 30100 0.6910 16.00 64950 1.4910 17.20 129750 2.9787 13.70 10290 0.2362 14.90 32025 0.7352 16.10 70350 1.6150 17.30 135150 3.1026 13.80 11760 0.2700 15.00 33950 0.7794 16.20 75750 1.7390 17.40 140550 3.2266 13.90 13230 0.3037 15.10 37050 0.8506 16.30 81150 1.8629 17.50 145950 3.3506 14.00 14700 0.3375 15.20 40150 0.9217 16.40 86550 1.9869 14.10 16625 0.3817 15.30 43250 0.9929 16.50 91950 .2.1109 STAGE D:rSCHARGE TABLE MULTIPLE ORIFICE 10 No. 0-4 Description: CATCH BASIN NO. 4A (USED IN DEVELOPMENT OF STAGE-DISCHARGE LIST D-2) Outlet Elev: 10.87 Elev: 8.87 ft Orifice Diameter: Elev: 15.00 ft Orifice 2 Diameter: Elev: 15.50 ft Orifice 3 Diameter: 1.0000 3.5000 6.0000 in. in. in. STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> (ft) ---cfs---------(ft) ---cfs---------(ft) ---cfs---------(ft) ---cfs--------- 10.87 0.0000 12.30 0.0325 13.80 0.0465 15.30 0.2392 10.90 0.0047 12.40 0.0336 13.90 0.0472 15.40 0.2680 11.00 0.0098 12.50 0.0346" 14.00 0.0480 15.50 0.2935. 11.10 0.0130 12.60 0.0357. 14.10 0.0488 15.60 0.6255 11.20 0.0156 12.70 0.0367 14 .20 0.0495 15.70 0.7747 11.30 0.0178 12.80 0.0377 14.30 0.0503 15.80 0.8927 11.40 0.0198 12.90 0.0387 14 .40 0.0510 15.90 0.9941 11.50 0.0215 13.00 0.0396 14.50 0.0517 16.00 1.0847 11.60 0.0232 13.10 0.0405 14.60 0.0524 16.10 1.1614 11. 70 0.0247 13.20 0.0414 14.70 0.0531 16.20 1.2442 11.80 0.0262 13.30 0.0423 14.80 0.0538 16.30 1.3161 11. 90 0.0275 13.40 0.0432 14.90 0.0545 16.40 1. 3839 12.00 0.0288 13.50 0.0440 15.00 0.0552 16.50 1.4485 12.10 0.0301 13.60 0.0448 15.10 0.1609 12.20 0.0313 13.70 0.0457 15.20 0.2051 STAGE D:rSCHARGE TABLE DISCHARGE LIST 10 No. 0-4 Description: CATCH BASIN NO. 4A STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> (ft) ---cfs---------(ft) ---cfs---------(ft) ---cfs---------(ft) ---cfs--------- 13.00 0.0000 13.90 0.0489 14 .80 0.0580 15.70 0.7700 13.10 0.0400 14.00 0.0500 14.90 0.0590 15.80 0.8733 13.20 0.0411 14 .10 0.0510 15.00 0.0600 15.90 0.9767 13.30 0.0422 14.20 0.0520 15.10 0.1200 16.00 1.0800 13.40 0.0433 14.30 0.0530 15.20 0.1800 16.10 1.1600 13.50 0.0444 14/0 0.0540 15.30 0.2400 16.20 1.2400 13.60 0.0456 j 14 ,50 0.0550 15.40 0.2650 16.30 1. 3200 13.70 0.0467 ' 14.60 0.0560 15.50 0.2900 16.40 1. 3850 13.80 0.0478 14.70 0;0570 15.60 0.5300 16.50 1. 4500 10 WATER QUALITY Reference: King County Surface Water Design Manual BIOFILTRA TION Section 1.2.3 Core Requirement No.3, Threashold for Biofiltration: Maximum Allowable Impervious Area Subject to Vehicular Traffic, A imp: .................. 5,000 SF Proposed Condition: Total Impervious Area Subject to Vehicular Traffic, Aimp: ............................ 290,400 SF Biofiltratio'n is required. Because of constraints on site grading, the surface area proposed in the grass-lined swale outfall to the water quality ponds does not meet the design standards outlined in the manual. In order to compensate for the loss ofbiofiltration area, the proposed wetponds have been enlarged to provide additional surface area and storage volume. The calculations for the proposed wetponds are presented on the following page. I j 12 SPECIAL WATER QUALITY CONTROLS Section l.3.5 Special Requirement No.5 As outlined in the introduction, the proposed detention system outfalls to an existing storm drain pipe system in Lind Avenue for ev~ntual discharge into Springbrook Creek, a Class 2 stream. Since the project site proposes discharge within a one mile radius of a pass 2 Stream, a wetpond is required. The engineering plans propose a three cell combination wetpond -detention basin. Since the surface area of the proposed grass lined swale could not meet the requirements outlined in the SWM Manual, additional surface area and storage volume has been proposed in the wetponds. As shown in the following calculations, the proposed wet ponds provide over four times the required wetpond surface area and over two time the required wetpond storage volume. This additional surface area and storage volume is intended to compensate for the limited surface area in the proposed grass lined swale. , WETPOND DESIGN Required Water Surface Area, Awq: ......................................... 3,496 SF Awq = One Percent of Impervious Area Impervious Area, Aimp: ................................................. 349,600 SF Act ill Project: ............ ; .......................... 290,400 SF Lots 4 and 6 (BSP 014-92): .............................. 50,000 SF Access Driveway to Lind Avenue: ......................... 9,200 SF Proposed Water Surface Area, Awq: ... :.................................... 11,900 SF Ratio of Proposed Water Surface Area to Required Water Surface Area: .................. 3.40 Section 1.3.5(2) Storage Volume Required Storage Volume, Vwq: ........................................... 17,775 CF Vwq = Total Volume of Runoff from the Mean Annual Storm Vwq = 0.408 Acre-Feet x 43,560 (See Page 4 for Storm Routing) Total Drainage Area, A: ................................................. 13.48 Acres Act ill Project: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.71 Acres Lots 4 and 6 (BSP 014-92): ............................. 1.52 Acres Access Driveway to Lind Avenue: ........................ 0.25 Acres Proposed Storage Volume, Vwq: ........................................... 27,350 CF Ratio of Proposed Storage Volume to Required Storage Volume: ........................ 1.54 The volume calculations for the proposed wetponds are presented on the following page. I j 13 WATER QUALITY PONDS VOLUME CALCUALTIONS POND NO. 1 WS . Area Avg. Area Depth Inc. Volume Elevation Square Feet Square Feet Feet Cubic Feet • 10.00 3,500.00 3,850.00 1.00 3,850.00 11.00 4,200.00 5,050.00 2.00 10,100.00 13.00 5,900.00 • POND NO. 2 WS Area Avg. Area Depth Inc. Volume Elevation Square Feet Square Feet Feet Cubic Feet 10.00 2,500.00 2,800.00 1.00 2,800.00 11.00 3,100.00 3,750.00 2.00 7,500.00 13.00 4,400.00 POND NO. 3 WS Area Avg. Area Depth Inc. Volume Elevation Square Feet Square Feet Feet Cubic Feet 10.00 600.00 700.00 1.00 700:00 11.00 800.00 1,200.00 2.00 2,400.00 13.00 1,600.00 Total Surface Area Provided: ............................................................................... . Total Volume Provided: ....................................................................................... . I j 14 Total Volume Cubic Feet 0.00 3,850.00 13,950.00 Total Volume Cubic Feet 0.00 2,800.00 10,300.00 Total Volume Cubic Feet 0.00 700.00 3,100.00 11,900.00 Square Feet 27,350.00 Cubic Feet 8/8/96 1:13 PM WQSTO I.XI.,s COALESCING PLATE OILIWATER SEPARATORS Section 1.3.6 Special Requirement No.6 Threashold for Coalescing Plate OillWater Separators Maximum Allowable Impervious Area Subject to Vehicular Traffic, A imp: ................. 5.00 Acres Maximum Number of Vehicle Trips Per,Day: ....................................... 2,500 Trips Proposed Condition: Total Impervious Area Subject to Vehicular Traffic, Aimp: ............................. 6.67 Acres Proposed Number of Vehicle Trips Per Day: ....................................... 1,272 Trips See page 15 of the Traffic Impact Analysis for the proposed theatre project (copy attached). r / j 15 I I I I I I I. I I I I I I I I I I 05/31196 11:00 FAX 206 "'47 3688 TRANSPO Group TraffIC Irtlpad Analysis lor Act Ill's East Valier Cinema Table 4. Project Trip Genera60f'1 Daily Trips Size Cinema 3,584 seats Friday Peak Hour Trips Peak Month Mon-Thur' 1.900 PaakMonth PM Peak Hour (4:30-5:30 p.m.f Peak Month Friday1 2.903 Size In Out Total Cinama 3,5B4seats 148 67 215 t Based on BVef3ge aJ510merlicket daUt from July 110 14, 7995, 2 J4usIed based 011 a rteigtoled tJVetag6 cf Mo. (0 Friday DJIIdtion$. December 15. 1995 Peak Month Avg Weekday2 A"9 Month AvgW~kday~ 2,'00 Peak Monlh Thealer Peak Hour (?-a p.m.f In Out Total 444 309 753 1,272 III 002 3 Aqusted tJased 011 'wragg monthly fckd sales tala. MtltJvlytida!1 ~ representing 13.7fi% of /tie ready ssIes. Project Trip Distribution and Assignment The trtp distribution in the Pace Warehouse study were based on the have! fore- casting model developed by TRANSPO for the Valley TransportatiDn Benefit Assessment Dis· trict analysis. To derive the trip distribution for the cinema project. the Pace Wareho\lse distribution was adjusted based on the traftlc patterns associated with the sWTOWlding street system and review of population and employntent in and around the area. The resulting trip distribution for the Renton East Valley Cinema is shown on Figure 7. Forty (40) percent of the project tramc would be oriented to the north via Und Avenue SW. E Valley Road, and SR 167 . .Another 15 percent would be oriented west via SW 43rd Street. Approximately 35 percent wo~d be oriented to areas south of the project slte Via E Valley Road and SR 167. The remaining 10 percent would be oriented to and from the east ~a SW 43rd Street The project-generated trips were assigned to the viCinity street system based on the distribution pattern, local travel pattems in the area. and the location of project driVeways. The resulting assignment is shown in FIgure 8. SJxty·eight (68) percent of the project tra1llc was assigned to the two driveways on E Valley Road. whUe 25 percent of the project traffic was assigned to the driveway on SW 41st street The remaining 7 percent was assigned the proposed access driveway on Und Avenue SW. Traffic Volumes The project-generated. traffic was added to the 1996 baseline traffic volumes without the project to produce trclffic volumes for 1996 with-project conditions during the weekday PM peale hoW". Additionally. since the proposed project would add an access road' from the site to Lind Avenu.e SW. a redistribution ofHomeBase tr:ips was also incorporated into the 1996 With-project traffic cQndltJons. The resulting weekday PM peak hour volumes are shown on Figure 9. A compariSOn of project trafllc to total trafilc <it study area intersections is presented in Table 5. 953:31. OOfJLSI95331 R 1 / } Th, TRANSPO Group, Inc. Page 15 \6 .. W ::J Z W > « ! ~ d !IIII I ITff~ I ~~ __ 0 .~ -+ttl I ,\REA TRIBUTARY TO H AREA = 0.11 ACRES . EX. FIRE H'ttJRANT DETENTION BASIN LOT. PLAir 1'08 IIVBLI!II'G'rOJIItOB'I'JDIBJr DBI' Iro. on6 -.. 1au1'lll1l!& EOH. B.&8. ........ -.,,'_ .. --.... _-..... " .. -.. _.. . .. _---- AREA ,,,,,,0.15 ACRES OFF SI\ :ARE. :IBUT ARY TO BASilN,., AREA = 0.002 ACRES LO'l' or JIDIDIlnt 8I'l'B PL&B 1'08 BVBLDIG'fOlI IrOB'I'EDK BlIP BO. 016 -.. I :~I~~~~~~~~~~~~~~~ DRAINAGE DIVlDE---I-!.I I I EX, ONE STORY CONCRETE BUILDING BYPASS AREA = 0.07 ACRES r-----.-----, I I I I > W ..J ..J « > t-en « w DEVELOPED OFF SITE AREA BYPASSING BASIN = 0.25 ACRES I I M-III++-T-t-Hr++-+-DRAINAGE DIVI[ OFF SITE AREA TRIBUTARY TO BASIN AREA = 0.005 ACRES TOTAL AREA OF PROJECT SITE: .................................. 12.28 ACRES LESS BYPASS AREA ......................................... 0.60 ACRES LESS BYPASS AREA TRIBUTARY TO HOME BASE DETENTION BASIN ............ 0.26 ACRES J~. ~1IfQ."l6· P I I ~6 lIII':'lJa.!44 -~ TOTAL AREA OF PROJECT SITE TRIBUTARY TO DETENTION BASIN ............ 11.42 ACRES PLUS OFFSITE WETLAND MITIGATION AREA. ......................... . 0.28 ACRES PLUS OFFSITE AREAS (HOME BASE AND EX. WAREHOUSE). . . . . . . . . . . . . . . . . 0.01 ACRES ____ ~ __ --~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~r~~.~I. PLUS AREA OF LOTS 4 AND 6 (BSP 014-92) TRIBUTARY TO DETENTION BASIN .... 1.52 ACRES TOTAL AREA TRIBUTARY TO DETENTION BASIN ......................... 13.23 ACRES S. W. 1 ST LOT 6 (BSP 014-92) AREA = 0.76 ACRES BYPASS AREA = 0.04 ACRES STREET LOT 4 (BSP 014-92) AREA = 0.76 ACRES DRAINAGE AREA MAP FOR ACT III THEATERS SCALE: 1-• 100' DATE: TO: FROM: SUBJECT: '-, i· •. ! CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM April 10, 2003 Susan Fiala, Senior Planner I Ii Jim Gray, Assistant Fire MarShal ~tr Baze Professional Center, SW 41st & East Valley Fire Department Comments: " 1. Thepreliminaxy fire flow is "3000 GPM, one hydrant is required within 150 feet of the structure and two additional hydrants are required within 300 feet of the structure. 2. A fire mitigation fee of $5,512.00 is required based on $.52 per square foot of the building square footage. 3. Separate plans and pennit are required for the installation of fire ' alarm system. 4. Fire Department access roadways are required to within 150 feet of all portions of the building exterior. Roadways are a minimum 20 in width with a turning radius of 45 foot outside and 25 foot inside. Please feel free to contact me if you have any questions. DEVELOPMENT PLANNING CITY OF RENTON FEB 2 3 2004 RECEIVED TO: FROM: DATE: Susan Fiala Jan lilian April 28, 2003 CITY OF RENTON MEMO UTILITY PLAN REVIEW SUBJECT: PREAPPLICATON REVIEW COMMENTS BAZE PROFESSIONAL CENTER PREAPP NO. 03-042 SW 41 sT & E. Valley Rd NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant 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, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant . WATER 1. There is an existing 12-inch water main fronting the site in SW 41 st Street and a 12-inch water main in the access road adjacent to the site to the west. Available derated fire flow in the area is approximately 5,500 gpm. Pressure available is approximately 77 psi. 2. Preliminary fire flow requirement is 3,000 gpm. All new construction must have fire hydrants capable of delivering a minimum of 1,000 gpm. Three hydrants will be required to serve this site. One hydrant is required within 150 feet from the building and two additional hydrants are required to be within 300 feet of the nearest corners of the building. 3. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification for being within the required distance. 4. Additional hydrants may be required to be installed to serve this site. 5. EXisting hydrants counted as fire protection will be required to be retrofitted with a quick disconnect Stortz fitting if not already in place. 6. The proposed project is located in the 196 water pressure zone and is outside an Aquifer Protection Zone. 7. If applicant proposes a building, which exceeds 30 feet in height, a backflow device will be required on the domestic water meter. 8. A Water System Development Charge (SOC) of $0.154 per square foot of gross site area will apply. This is payable at the time the utility permit is issued. Baze Professional Center Page 2 of3 9. A fire sprinkler system is required by the fire department. A separate no-fee utility permit and separate plans will be required for the installation of the double detector check valve assembly for fire sprinkler line. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Location of device shall be shown on the civil plans and shall show note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". DDCVA installations outside the building shall be in accordance with the City of Renton Standards. For DDCVA installations proposed to be installed inside the building, applicant shall submit a copy of the mechanical plan showing the location and installation of the backflow assembly inside the mechanical room. Installation shall be in accordance with the City of Renton's requirements. DDCVA shall be installed immediately after the pipe has passed through the building floor slab. Installation of devices shall be in the horizontal position only. SANITARY SEWER 1. There is an 8-inch sewer main in SW 41 at Street. 2. If finished floor elevation is below 25 feet, a "tideflex" or similar backflow device will be required to be installed. 3. A Sanitary Sewer System Development Charge (SOC) of $0.106 per square foot of gross site area will be apply. This is payable at the time the utility permit is issued. SURFACE WATER 1. There are existing storm drainage facilities in SW 41 st Street. 2. A storm drainage plan and drainage report is required. The drainage plan shall include provision for detention and water quality treatment sized for the new impervious surface subject to vehicular access per the KCSWM 1990 Edition. 3. The Surface Water SOC is assessed based on the total new impervious surface square footage as reflected in the final design. The charge is determined by multiplying the gross square footage by $0.183. This is payable at the time the utility permit is issued. 4. Separate structural plans will be required to be submitted for review and approval under a building permit for proposed vault. Special inspection from the building department is required. TRANSPORTATION/STREET 1. Full street improvements including, but not limited to paving, sidewalks, curb & gutter, storm drain, street signs and streetlights are required if not already in place. 2. A traffic mitigation fee of $75 per additional generated daily trip shall be assessed as determined by the ITE trip generation manual. 3. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required' to be moved by the development deSign, all existing overhead utilities shall be placed underground. Baze Professional Center Page 3 of3 GENERAL COMMENTS 1. All construction utility permits for utilities, 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 the utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, permit application and an itemized cost of construction estimate and application fee at the counter on the sixth floor. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. 3. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half the fee must be paid upon application. 4. Any proposed rockeries or retaining walls greater than 4 feet in height will be require a separate building permit and will require special inspection. cc: Kayren Kittrick CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM. DATE: April 24, 2003 TO: Susan Fiula . tav Rebecca Lind FROM: STAFF CONTACT: Don Erickson SUBJECT: Baze Professional Center The subject site is a currently vacant, 35,000 square foot site located on SW 41st Street near the comer of SW 41st Street and East Valley Road in the Valley. The site abuts Burger King near the comer. The applicants are proposing to develop a two-story 10,600 square foot wood frame semi-speculative medical office building that would include a chiropractor on the first floor . whose practice involves the treatment of horses. The applicant's proposal includes parking for 53 vehicles and sprinklered landscaping on "all property perimeters as well as around the building itself." The 0.80 acre site is located in the Employment Area -Valley land use. designation as shown on the Comprehensive Plan Land Use Map and is zoned CA, Commercial Arterial. Relevant Comprehensive Plan Land Usc Policies: Policy LU-212.2. Compatible and related land uses should be encouraged to locate in proximity to one lUlUther. Policy LU-212.B. Recognize viable existing and new industrial uses in the Valley, while promoting the gradual transition of uses on sites with good access and visibility to more intensive commercial ami office use. Policy LU-212.9 COlw1Iercial uses may be located in proximity to existing industrial uses when reasonable buffering between uses can be accomplished and when adequate accommodation of deliveries and loading to industrial areas can be maintained. Policy LU-212.22. Create a logical and harmonious working environment in mixed-use developments through the application of appropriate development standards, emphasizing landscaping, setbacks and sidewalk treatment for all uses. Policy LU-212.24. Site plan review should be required for all new projects in the Renton Valley and Black River areas pursuant to thresholds established in the City's development regulations. Analysis: The proposed use appears to be generully compatible with most of the above development policies for the Employment Area -Valley. Consistent with Policy LU-212.9 the applicant may Baze Professional Center, PRE 03-042 04/24/03 2 wish to consider fencing or more extensive landscaping between the proposed office building and the industrial warehouse to its west. Staff notes that the industrial use next door provides no landscaping or buffering along its eastern property line abutting this site. Although set back somewhat more than the Burger King on the comer, the subject proposal does maintain some proximity to the street and creates a setback transition between the industrial warehouse to its west and the Burger King to its east. The applicant's proposal indicates a 10- foot deep landscape strip along SW 41 It Street and a 5-foot deep landscape strip along the existing access road between it and Burger King (Policy LU-212.22). Whereas the proposed siting seems reasonable for this site the applicant should be encouraged to provide a detailed landscape plan and elevations indication architectural finishes and building design before their final submittal. Signage, if any, should be indicated also at this time (policy LU-212.24). Recommendation: Support this preliminary application noting the need for additional information prior to official application . . . Attachments cc: Don Erickson ( H:\EDNSP\lnterdepartmenl3N)evelopment Review\J>reapps\Conuncnts\EA· V\Baze Professional Center.doc\d .' DATE: TO: FROM: SUBJECT: CITY OF RENTON Planning/Building/Public Works MEMORANDUM May 1,2003 Pre-Application File No. 03-042 Susan Fiala, Senior Planner, x7382 Baze Professional Center 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, Zoning Administrator, Board of Adjustment, Board of Public Works, 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 $55.00, plus tax, trom the Finance Division on the first floor of City Hall. Project Proposal: The subject site is not addressed but is located north of SW 41 st Street, and west of East Valley Road. The applicant's proposal is to construct a two-story, 10,600 square foot medical and veterinary office building and associated site improvements. Zoning: The subject site is designated Commercial Arterial (CA) on the City's Zoning Map. A variety of retail sales and services along high-volume traffic corridors, including veterinary and medical offices and clinics, are permitted in the zone. A veterinary office is defined as a place where common household pets are given medical care and the accessory indoor boarding of animals is limited to short-term care. Household pets are classified as small animals Including; dogs, cats, rabbits, chickens and other animals of similar size. Horses are categorized as large animals and are not considered "household" pets. The proposed chiropractic practice for horses is not a permitted use in the CA zone. Therefore, staff can support the proposed use as a veterinary office but only for common household animals. Development Standards: The proposal would be required to comply with the development standards of the zone. The proposal's compliance with the CA zone development standards is addressed below: Lot Coverage -The CA zone allows building coverage at a maximum of 65% of the lot area for projects not providing structured parking. Building lot coverage compliance was calculated as 15% of the lot based on the pre-application materials. Setbacks/Landscaping -The CA zone requires a minimum landscaped setback of 10 feet from all street frontages, unless located adjacent to property designated with residential Baze Professional Center -Pre-Application Meeting May 1, 2003 Page 2 of3 zoning. The north and east sides of the site are adjacent to property designated Commercial Arterial (CA) and the west property line is adjacent to the Industrial Medium (1M) zone. The site is located in the Green River Valley Planning Area which requires all developments to provide an additional 2% of the entire site as natural landscaping aggregated in one portion of the site (RMC 4-4-070D.6.) In addition, parking areas exceeding 10,000 square feet in area are to provide a minimum of 5% of the parking area in landscaping to reduce the barren appearance of the lot. All landscaped areas must be a minimum width of 5 feet within the parking areas and include an underground irrigation system. . At the time of formal land use application submittal, a detailed landscape plan indicating the location, sizes and types of the plantings will be required. The site plan will need to provide data on the percentage and square footages of the parking area that is landscaped. All landscape areas are required to be a minimum width of 5 feet and include an underground irrigation system. Height -The CA zone allows a maximum building height of 50 feet. The proposed building would be two-stories in height, but the proposed height was not provided. Screening/Refuse and Recvclables -Screening must be provided for all outside storage areas, as well as for surface-mounted and roof top utility and mechanical equipment. In addition, garbage dumpsters and recyclable areas must be screened pursuant to RMC section 4-4-090C7 (fence, landscaping, or combination of both). Approval of the proposed locations of dumpster areas by Rainier Waste Management is recommended prior to the submittal for building permits. The drawings submitted for building permit review will need to include elevations and details on the proposed methods of screening and the dumpster enclosure. Pedestrian Connection -All development in the CA zone is required to provide a direct and clear pedestrian connection from sidewalks to building entrances. The proposal does not provide pedestrian connections from the building entrance to the public sidewalk or to the parking areas. Lighting -With respect to lighting, the applicant will be required to demonstrate how parking lot and any site lighting would not "spill-over into adjacent properties surrounding the subject site. A detailed lighting plan may be requested to be submitted at the time of building permits. Parking. Circulation and Loading: The parking regulations require that a specific number of off-street parking stalls based on the amount of square footage dedicated to certain uses be provided within the boundaries of the property. Based on the pre-application materials, adequate parking would be provided. • Medical and Dental Offices (also applicable for veterinary): Five (5) spaces per 1,000 square feet. Please take note that net floor area is the total of all floor area of a building, excluding stairwells, elevator shafts, mechanical rooms, interior vehicular par:J<ing or loading and all floor below the ground floor, except when used for human habitation or service to the public. As related to these proposed uses, the areas to be deducted from the overall floor area may also include refrigeration rooms, lobbies, corridors/hallways and restrooms and those accessory areas that are used by the occupant(s). If the proposal provides more or less parking than required by code, a request for a parking modification would need to be applied for and granted. This request should be submitted by the applicant prior to the submittal for building permits. The parking regulations specify standard stall dimensions of 9 feet x 20 feet, compact dimensions of 8% feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet. An aisle width of 24 feet is required for 90 degree parking stalls and a width of 18 feet is required for 042_ BazeProfess.doc ------------------ 'i • ',." 8aze Professional Center -Pre-Application Meeting May 1, 2003 Page 30f3 parallel stalls. 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. Compact spaces are allowed up to 30% of the total required parking. Please refer to the handout outlining parking requirements. Loading -In the requirements for Loading Space Standards, RMC 4-4-080J, all new buildings shall provide off-street loading space if the activity carried in the building requires deliveries to it of people or merchandise. Loading space is in addition to required off-street parking. Sensitive Areas: Based on the City's Critical Areas Maps, the site is located in a Seismic Hazard Area. The seismic hazard is related to potential liquefaction of soils during an earthquake event. Before the applicant pursues detailed design and engineering for the development of the site, it is recommended that a geotechnical analysis for the site be prepared. The analysis should assess soil conditions and detail construction measures to assure building stability. Signage: Only one freestanding business sign (pole, monument/ground, projecting or roof) is permitted per street frontage for each individual parcel. Each sign shall not exceed an area greater than one and one-half square feet for each lineal foot of property frontage that is occupied by the business. In no case shall the sign exceed a total of 300 square feet (150 square feet per face if a two face sign). In addition to the permitted freestanding sign, wall signs with a copy area not exceeding 20% of the fa~de to which it is applied is also permitted. Permit Requirements: The proposal would require Administrative Site Plan Review and Environmental (SEPA) Review. Both permits would be reviewed in an estimated timeframe of 8 weeks. The application fee for joint land use applications is full price for the most expensive permit (Site Plan at $1,000) and half off any subsequent permits ($500 for the Environmental Review). hi addition, $0.37 per mailing label would be required for notification to surrounding property owners located within 300 feet of the site. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate building, construction and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but can not be issued prior to the completion of any required land use appeal periods. Fees: In addition to the applicable land use, building, construction and sign permit fees, the following mitigation fees may be required prior to the issuance of building permits: • A Transportation Mitigation Fee based on $75 per each new average daily trip attributable to the project; and • A Fire Mitigation Fee based on $0.52 per square foot of new construction. A handout listing all of the City's Development related fees is attached for your review. cc: Jennifer Henning 042_BazeProfess.doc ~ .. • Fonn No~ 140Z.9Z (10117/92) ALTA Standard OWner's Polley Western Regional ~ Order Nuwt---: 3l362A Pgge NUl 2 Policy of Title Insurance SUBJECrTO lHf EXCLUSIONS !'JtOvI CO\I!RAG!. TI'le EXtUTlON5 FROM COVERAGE CONTAINeD IN SOU!OUl! B ANO THE CONomONs'ANO STIPULATIONS, I'IRS'I' AMl!RlCA/'1 mLE INSURANCE COMPA-W, a cauromla COI'POI'i![fOn, herein called the Company, InsunlS, a; Of C;te ct Policy shown In SchecUe A, against loss or clamage, not ext:gedlng die AriIount at In!M'ance sI3tecI in Schaclul; A, sus:talnad 01' lnc\Arred by the inSll'l!d by . reiISQ'I of: 1. Title to the ate or interest described In Sct1edule A being vested other then IS stmd therein; 2. Any defed: in or len or mcumbninO! on the tItIei 3. UnmarlcetilllHty of th& tltllII; .4. Lack of • right of aet:e55 to and from the land. The Company wDI elso PlY the ccstJ, attomey&' tees and expenses incurred in defense of the tit!8, as ill5lll8:l; but onlY to the extent provided in the Conditions and ~atlons. FJrSt American. Title lmurlU1Ce·CompSllJ' . .~ ". a .' aT Pn!!SlOltM m/~ A11m.··.·····~~~~ DEVELOPMENT PLANNING CITY OF RENTON FEB 2 3 2004 RECEIVED First Ame-un T7tIe InsurancrJ Company folTTl No. 1402.92 (10/17/92) IJ. TA StanCard OWner's Policy western Regional EiCCeptions Premium: $ 1,164.00 Amount of lnsurilnc:e: $500,000.00 SCHEDULE A Date of PoIi'Y: Octcber 01, 2003 at 12:12 P.M. 1. Nilme of Insured: Order Nunt-; 31315lA Page Nur. 3 Policy Number: 31362A-T2(A) leigh R Henke and Eileen Henke, husband and wife, Bill Baker, a married man as his sole and separate property and Randy ~, a single person 2. The esUrte or interest In the land whlc:h is covered by this policy is: Fee Simple 3. litle to the estate Or Interest In the land Is vested In: Leigh R Henke and Eileen Henke, husband and wife and Bill Baker, a married man as his sole and separate property and Rclndy Baie, a single ~n . 4. The li.'Ind referred to in this policy is described as follows: Reell property in the County of King, State of Washington; desaibed as follows: LOT 6 OF BURliNGTON NORntERN, A BINDING SITE PLAN, ACCORDING TO THe PlAT THEREOF RECORDED JUNE 30, 1992 IN VOLUME 161 OF PLAlS, PAGES a THROUGH 11 UNDER RECORDING NO. 9206302696, IN KING CDUmY, WASHINGTON. First AmlJrk:an 'irtJe Insurance Cmnpany ~/02/2004 12::U t'JU i:UIli:OUntl Poon No. 1-w2.92 (101l7192) . Al.T~ Standard OWner's; Pcli~ f,. • Western Regional eccaptions \,;UWll:l1\\,;.lAL.. SCHEDULEB txCEPTlONS FROM COVERAGE Order NUfTJ~ ~ 31302A Page Nun t This policy does not Insure against loss or damage (and the COmpany will not pay C05G, attorneys' fees . OT expenses) which arise by reason or: PARTON! SECllONONE 1. Taxes or assessments which are not shown 85 existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Arrv teets, rights, interests, or daimswhlch are not shown by the pubnc records but which could be ascertained by an inspec:tIon of saId land or by makIng inCluiry of persons In possession thereof. 3.· easements, dalms of easement or encumbrances which are not shoWn by the public records. 4. DIsaepandes, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shewn by public records. S. unpatented mIning daimSi reservatIOns or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, dcllms or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public: records. SEcnONTWO 1. . Covenants, conditions, restrictions and/or easements: From: Dons smith Teale, et al Recorded: March 7, 1955 Recording No{s},; 4547626 through 4547632 2. Condemnation in King County superior court by the state of Washington of the rights of access to state highway and of light, view and air. Decree entered: Mard120,1962 Cause No.: 570903 3. Restrfctlons, conditions, dedications, notes, easements and provisions, contained and/ot delineated on the face or the plat recorded in volume 108 of plats at page(s) 12 and 131 In King COunty, Washington. 4. COVl!nllnts, conditions, restrlctlons i!lnd/or easements: Recorded: May 4, 1981 Recording No(s),: .13105Q.q()070 Rrst American Title Insurance CDmpsny ., . FOI'I'I'I NO. 14Ol.1:I~ (lO/17/fIl) ALTA stindard OWner's Folley WestErn Regiona[ Exr.eptiCl15 I",UJWI1DA I", 1.IU .. 5. Easement, Including terms and provisions contained therein: Recorded: Oc:tcber 21, 1981 R.ecordlng No.: -.a!!,0210S41 Order Nurr~ ~~ 313521\ PaglNul S' In Favor or: Burlington Northern Railroad. Company For: Railroad purposes Affects: Railroad right of way located within the plat Partial release of easement recorded Marth 20, 1992 under Recording No. 9203200273 6. Terms, covenant1;, conditions and restrictJons as contained In recorded lot line adjustment (Boundary Une Revision): No.; LlA..Q16-85 Recorded: February 13,1986 Recorded No.: 8602139001 7. Reitrictfons, condltfons, dedications, notes, easements and provisions, contained ~nd/or delineated on the face of the BurlIngton Northern BInding Site Pian recorded in volume 161 of pmts et J2ge(s) 8 through 11, Indusive, in King County, Washington. 8. Reclpl'OC8l easement agreement and the terms and conditions thereof: Between: HCWA R.ealty Corp. And: PowelK>r1l1ia Associates Retortted: June 30, 1992 Recording No.: 9206302702 . - Modificatlon and/or amEindment by instrument(s): Recorded: February 8, 1996 Recording No(s).: 9602081399 9. Covenants, conditions, restrictions andJor easements: Recorded: Febru~ 8, 1996 Recording NOes).:· .... 9602~ 10. A deed of trust to secure an Indebtedness in the original prindpal amount of $256,000.00 recorded October 01, 2003 as DoCtJment No.20031001001256 of Official Records. Dated: September 30,2003 Trustor: Leigh R. Henke, Eileen Henke, William H. Baker, who acquired title as Bill Baker, and Randy Baze, and spouses if married, and/or assigns Trustee: First AmerIcan TItle Insurance COmpany Beneficiary: Pacific Northwest Bank ~VVv 11. The terms and prOVisions contained in the document entitled "Haz:ardous Substances Q!rtiflcate Clnd Indemnfty Agreement" recorded october 01, 2003 a5 Instrument No. 20031001001257 of Offical Records. - First Americ6n Title llUlJflJncr! Ccmpany .. .I .' 02/02/2004 12: %1. t'JU ~UtmH'4Ijn Form No. 1402.!.la (10/17/92) ALTA Stilndartl Owne.r'5 PCllIC\' WestBm RegIonal ExceptIcns IIr:lUUQ Order NUl"" '''; 31362A Page NIJ ~6 l11e map attached, If any, mayor may not be a survey of the land depicted hereon. FIrst American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and proviSIons of the We insurance policy, if any, to which this map Is el:tlic:hed. First AmeriCBfl . Tlf:le j"sumnce ComPt'ny " " AFTER RECORDING MAIL TO: Leigh R Henke 19104 SE 440th Street Enumclaw, WA 98022 Rled for Record at Request of: First American Title Insurance Company National Commercial Services \1",""11""1 20031001002~~55 FIRST AftERICAN YD PAGE 001 OF 003 10101/2003 12: 12 KING COUNTY, YA E1992512 10/01/2003 12'08 KING COUNTY, UA s~f~ $SS8,900.00 . e0,000.00 PAGE 001. OF e01 ..... ' A" t: ~ I" ~ First Al1IeIican Title ~ Insurance Compa]!! ~~3J~T~~ STATUTORY WARRANTY DEED 1ST AM File No: NCS-3~362-WA2 (RB) Date: September 25, 2003 Grantor(s): Pacific Exchange Company, an Oregon corporation Grantee(s}: Leigh R Henke and Eileen Lynn Henke, Husband and wife and Bill Baker, a married man as his sole and separate estate and Randy Baze, a single person Abbreviated Legal: l.Dt 6 Burlington Northern BSP, VOL 161, P 11 Additional Legal on page: 1 . Assessor's Tax Parcel No(s): 125360-0050-08 THE GRANTOR(S) Pacific Exchange Company, a Oregon Corporation for and in consideration of Ten Dollars and other Good and Valuable Consideration, in hand paid, conveys, and warrants to Leigh R Henke and Eileen Henke, husband and wife and Bill Baker, a married man as his sole and separate property and Randy Baze, a single person, the following described real estate, situated in the County of King, State of Washington. LOT 6 OF BURUNGTON NORTHERN, A BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 30, 1992 IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey and further subject to those items set forth on Exhibit "A" attached hereto and made a part hereof DEVELOPMENT PLANNING CITY OF RENTON . FEB 2 32004 . ~ECE~VED Page 1 of2 LPB-107/97 • APN: Statutory Warranty Deed -continued Rle No.: NCS-31362-WA2 (RB) Date: 09/25/2003 Pacific Exchange Company, an Oregon Corporation By: STATE OF Oregon COUNTY OF Multnomah ) )-ss ) I certify that I know or have satisfactory evidence that James P. Draudt, is/are the person{s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute the instrument and aknowledged it as the Vice President of Pacific Exchange Company to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. lL ~ Dated: 3:e...e± 30 J .Q. ocY3 \. C1u....t J .~. ,J Page 2 of 2 Notary Public in and for the State of Oregon Residing at: 0-l. H~-(...~.s 0 ('<..~ My appointment expires: ~' I ~ lo-:J. OFFICIAL SEAL iDRI L PERKINS NOTARY PUBUC-OREGON COMMISSION NO. 371077 MY COMMISSION EXPIRES AUG. 7, 2007 LPB-10 7/97 ~' .... RETURN ADDRESS: Pacific Northwest Benk Seattle FlnaftClat Center " " Tturd Ave S18 250 Seattle. WA 98101 DATE: September 3D, 2003 20031001001256.001 --1(11111111-111111, 20031001001256 FIRST AftElUCAN DT za 8e PAGE eel OF eee le/81/2883 12'12 KING COUNTY. lolA DEED OF TRUST Reference # !If applicable) __________ _ Addl'tlonel on page __ Grantor(s) 1 HENKE, LEIGH R 2 HENKE. EILEEN 3. BAKER, WILLIAM H 4. BAZE, RANDY Grantee(s) 1 Pacific Northwest Bank 2 FIRST AMERICAN TITLE INSURANCE COMPANY, Trustee Legal DescnptlOn' LOT 6, BURLINGTON NORTHERN BSP, VOL 161, P 8-11 Assessor's Tax Parcel 10#: 125360-0050-08 Additional on page 2 THIS DEED OF TRUST Is dated September 30, 2003. among LEIGH R. HENKE, EILEEN HENKE, WILLIAM H. BAKER, WHO ACQUIRED TITLE AS BILL BAKER, and RANDY BAZE. AND SPOUSES IF MARRIED, ANDIOR ASSIGNS; whose address Is 19104 S.E 440TH STREET, ENUMCLAW, WA 98022 ("Grantor"). Pacific Northwest Bank. whose mailing address Is Seattle financial Center. 1111 Third Ave. Ste 250. Seattle. WA 98101 (referred to below sometimes as "Lender· and sometimes as "Beneficiary"): and FIRST AMERICAN TITLE INSURANCE COMPANY, whose mailing address is 2101 FOURTH AVENUE,SUITE 800 •. SEATTLE, WA 98121 (referred to below as "Trustee"). OEVELOPMENT PLANNING CITY OF RENTON FEB 232004 RECEIVED DEED OF TRUST (Continued) 20031001001256.002 Page 2 CONVEYANCE AND GRANT For valuable conSIderatIOn. Grantor conveye to Trustee In trust with power of aala, roght of entry and po .... slon and for the benefit of Lender .a BaneflCl8ry, all of Grantor's nght. title, and Interest In and to the folloWIng descnbecl real property, together with all exIStIng or subsequently erected or affIxed bUIldIngs. Improvements and fIXtUres. ell easements. roghts of way. and appurtsnances, aU water. water roghts and ditch nghts (oncludlng stock ,n utohtle. WIth doteh or "ngatlOn nghts). and all other nghts, royalties, and profits relating to the real property. Inclucbng wtthout hmltatlOn aD mInerals, od, gas, geothermal and slIndar matters, (the "Real Property") located in KING County, State of Washington' LOT 6 OF BURLINGTON NORTHERN, A BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 30, 1992 IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON The Real Property or Its address is commonly known as 9300 S,W. 41ST STREET, RENTON, WA 98055 The Real Propeny tax Identihcatlon number is 125360-0050-08 Grantor hereby a.sogns as security to Lender, an of Grantor's nght, title, and Interest In and to all leases, Rents, and profote of the Property ThIs assIgnment IS recorded In accordance WIth RCW 65 08 070, the hen created by tho. assIgnment IS Intended to be specifIC, perfected and choate upon the recordIng of thIS Deed of Trust lender grants to Grantor a license to collect the Rents and profits, which bcense mav be revoked at lender's optIOn and shall be automatically ravoked upon acceleration of all or part of the Indebtedness THIS DEED OF TRUST, INa.UDlNG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE !A) PAYMENT OF THE INDEBTEDNESS AND [a) PERFORMANCE OF ANY AND AU. OBUGATIONS UNDER THE NOTE, THE RBATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS PAYMENT AND PERFORMANCE Except as otherwISe provtded In this Deed of Trust. Grantor shan pay to Lender an amo.unts secured by thIS Deed of Trust as they b""ome due, lind shall stllCtiV and In a timely manner perform an of Grantor's oblogatlons under the Note, this Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OF THE PROPERTY Grantor agrees thet Grantor's possession end use of the Property shaU be governed by the followmg prOVISions PossessIOn and Use Until the occurrence of an Event of Default. Grantor may (1) ramaon In possessIon and control of the Property, C2) use, operate or manage the Property, and C31 coUect the Rents from the Property (thrs pIIVllege IS a beense from lender to Grantor automatICally revoked upon default! The follOWIng provISIons relate to the use of the Property or to other limitations on the Property The Real Property IS not used prinCIpally for agricultural purposes . Duty to Mamtalll GrantcH' shilll maIntaIn the Property In tenantable concbtlon and promptly perform all repaIrs, replacements, and mmntenance necessary to preserve ote value NUllanee, Waste Grantor shall not cause, conduct or permit any masance nor commit, pemut, or suffer any stnPPlng of or waste on or to tha Property or any portion of the Property WIthout limiting the generality of the foregOing, Grantor will not remove, or grent to any athar party 1I1e roght to remove, eny timber, minerals bneludlng 001 and gasl, coal, clay, SCOlla, sod, grevel or rock products without Lender's Prior written consent Removal of Improvements Grantor shell not demolISh or remove any Improvements from the Real Property without lender's pnor wntten consent As II conditIon to the removal of any Improvements, Lender may reqUIre Grantor to make arrangements satisfactory to Lender to replace such Improvements woth Improvements of at least equal value Lender's Rosht to Ent.. Lender and lender's agents and representatIVes may enter upon the Real Property at .11 reasonable times to attend to lender'e Interests and to Inspect the Reel Property for purposes of Grantor's complIance WIth the terms and condmons of thIS Deed of Trust Comploance with Governmental ReqUIrements Grantor shell promptly comply, and shall promptly cause complIance by all agents, tenants Or other persons or entitIes of every nature whatsoever who rent. lease or otherwISe use or occupy the Property In any manner, with all laws, ordinances, and regulations, now or hereafter In eHect, of all goverrunental authOritIes applicable to the use or occ>upency of lha Property, IncludIng wlihout bmltatlon, the Amencans With D .... bolltles Act Grantor mav contest In good faith any sUCh law, ordinance, or regulatIOn and withhold comphance dunng any proceedIng, includIng appropnate appeals, so long as Grantor has nOtIfied Lender In wntlng prIOr to dOIng so and so long as, In lender's sole OpinIOn, Lender's Interests In the Property are not /Bopardlzed Lender may reqUIre Grentor to post adequate secunty or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest Duty to Protect Grantor agrees netthar to abandon or leave unatterided the Property Grantor shan do an other acts, In addition to those acts sat forth above In thIS 68ctlon, whIch from tha character and use of the Property are reasonably necessary to protect and preaerve 1I1e Property . DUE ON SALE" CONSENT BY LENDER Lender may, at lender's opbon, (AI declare Immedoately due and payable all sums secured by this Deed of TNSt or [B) mereese the Interest rate proVIded for In the Nota or other document evidencIng the Indebtedness and IIDpGSe such other COnditIOns as Lender deems appropriate, upon the sale or transfer, WIthout Lender's pnor written consent. of an or any part of the Real Property, or any Interest III the Real Property A 'sale or transfer" means the conveyance of Real Property or any nght, title or mterest In the Real Property, whether legal, benellc'81 or equitable, whether voluntary or Involuntary, whether by outnght .ale, deed, Installment sale contract, land contract, comract for deed, leesehold Interest With a term greater than three (3) years, lease-Dptoon contract, or by sale, assignment, or transfer of any benefICIal Interest In or to any land trust holdIng title to the Real Property, or by any other method of conveyance of an Intereat In the Real Property However, thIS option shall not be exerCISed by Lender If such exerclSB IS prohibited by fecleral law or by Washington law TAXES AND UENS The follOWing prOVI$lOf1S relating to 1I1e taxes and liens on the Property are part of thIS Dead of Trust Payment Grantor sI'I8Il pay when dua Cand III aD events pllor to dellnquencyl an tsKes, special taXes, assessments, charges (Including water and sewer), fines and Impositions levoed agaonst or on account of the Property, and shaU pay when due all claims for work done on or tor selVlCe8 rendered or matena! fumlshed to the Property Grantor shall maIntain the Property free orall bens haVIng pnonty over or equal to the Interest of Lender under thIS Deed of Trust, except for the ben of texes and aSSessments not due and except as otherwISe provulad In thos Deed of Trust '. DEED OF TRUST (Continued) 20031001001256.003 Page 3 Right to Contest G;amor may withhold payment of any tall, assessment. or claim In connecbon WIth a good fanh dispute over the obll{labon to pay. so long as Lender's Interest In the Propeny IS not JeopardIZed If a hen anses or IS flied as a resuh 01 nonpayment. Grantor shall wrtJun fifteen 1151 days after the lien arlS88 or, If a hen IS flied, Within fifteen 1151 days after Grantor hae nobce of tha flbng, sec1Jfe the dIScharge of the han. or If requested by Lender, deposit with Lender cash Or 8 su!fJcMlnt corporate surety bond or other security sabsfactory to Landat In an amount suffICient to dIScharge the ben plus any coste and attorneys' fees, or other cherges that could eccrue as a result of a foreclosure. or 8ale under the ben In any contest, Grantor shell defend nsalf and Lander and shaD satISfy any adverse ludgment before enforcement ag8lflSl the Property Grantor shall name Lender as an additional obhgee under any surety bond furnished In the contest proceedings Svldence of Payment Grantor shall upon demand furnish to Lender sabsfactory evKlenC& of payment ot tha taxes o( assessments and shaD euthoflZe the appropllate governmental ofhcl8l to debver to Lender at any tlfnB a wntten $l8tement ot the taxes and assessments agslnst the Property NotICe of Cons1nlctlOR Grantor shall nobly Lander at least hfteen 1151 days before any work IS commenced, any SeMCBS ere furnished, or any materials are supphed to the Property, If any frlBchanlC's ban, matenalmen's .en. or other hen could be asserted on ac:count of the work. seMces. or metanals Grantor will upon request of Lander furnISh io Lender advance assurances sabSfactory to Lender that Grantor can and Will pay the COS1 of .uch omprovements PROPERTY DAMAGE INSURANCE The follOWing prOVISIOns relabng to Insunng the Propeny ana a part of thIS Deed 0' Trus1 MIIIRtenanca of Insurance Grantor shell procure and marmam pobcles of fire lnSuranC8 With standard extended coverage endorsemente on a fair value basis for the full Insurable value covanng all Improvements on the Real Property on an amount suffiCient to aVOid apphcabon of any cOinsurance clause, and WIth a S1andard mortgagee clause In favor ot Lender Grantor shall also procure and maintain comprehensive general habllltv Insurance on such coverage amounts as lender may request with Trustee and Lender being named as additional Insureds In such habrbty Insurance polICies AddJtronally, Grantor shall rnarntarn such other InSurance. Inclucbng but nOt bmrtad to hazard, buslnass InterruptIOn. and boder Insurance, as lander may reasonably require Pohcles shaD be wntten on form. amounts, coverages and bealS reasonably acceptable to Lender and lSSusd by a company or companoes reasonably acceptable to Lender Grantor, upon request of Landar, win delIVer to Lender from trme to time the pohcoes or cenlfocates of Insurance In form sabsfsctory to Lender, InCluding stipulatIOns that coverages WID not be cancelled or diminIShed Without at least thirty 1301 days pnor wnttsn nobOe to Lander Each Insurance policy also shaD onclude an endorsement prOVIding that coverage on favor of Lender WIll not be Impaired In any way by any act, omISSion or default of Grantor or any other person Should the Real Property be located on an area designated by . the Doractor of the Fedaral Emergerocy Management Agency as a special flood hazard area, Grantor agrees ·to obteln and maintain Federal Rood Insurance. If available, wrthtn 45 days after notICe IS goven by Lander that tha Property IS located In a speCial flood hazard area, for the fun unpaid prrnclpal balance ot tha loan and eny pnor hens on the property securing the loan, up to the malClmum pobcy IImrta sat under the National Flood Insurance Program. or as otherwise reqUired by Lander. and to maintain $Uch Insurance for the term of the loan AppbCllbOtl of Proceeds Grantor shall promptly notify Lender of any 1088 or damage to the Property Lender may make proof of loss of Gramor fads to· do so wIthin fifteen (16) days of the casualty Whather or not Lender's securrty IS IIIlp8lred, Lender may, at Lander's eleCbCn, receIVe and retaIn the proceeds of any onsurance and .apply the proceeds to the reducbon of the Indebtedness, paymant of any ban affecting the Property. or the restoratIOn and repart of the Property .If Lender elects to epply the proceeds to restorabon and rep8lt. Grentor shell repall 01 .eplace the damaged or destroyed Improvements In a mannar sabsfectory to Lander Lander shall, upon satISfactory proof of such expenditure. payor .elmburse Grentor from the proceeds for the reasonable coat of repair or restoration of Grantor IS not on default under thiS Deed-of Trust Any proceeds whIch have not been disbursed within 180 days after thell receTpt and which Lender has not commrttad to the rep8lr or restoration of the Property shaD be used lust to pay any amount oWing to Lander under thiS Deed of Trust, then to pay accrued Inter4l$t, and the remainder, If any, shall be applied to the prrnclpel balance of the Indebtednese If Lender holds any proceeds after paymem In full of tha Indebtedness, such proceeds shall be paid without Interest to Grantor lIS Grantor's Intereste may appear Grantor's Report on Insurance Upon request of Lender, however not morethan once II ysar, Grantor shall fumrsh to Lender a report on each eXlSbng pohcy of Insurance shOWing 11) the name of the IMurer. (2) the rlSke Insured, 13) the amount of the POlICY, (4) the property Insured, the then current replacement value of such property, end the manner of determining that value, and (51 the exprra1Jon date of the policy Grantor shell. upon request of Lander, have en Independent appraiser satisfactory to Lender datermone the cash value replacement cost of the Property TAX AND INSURANCE RESERVES Sub/eet to any hmrtabons set by applicable law, lender may reqUIre Grantor to maintain With Lendar reserves for payment of annual taxes,. assessments. and Insurance premlUI1'l$. whICh reserves shall be created by advance payment or monthly paymems of a sum estimated by Lender to be SufflCl8nt to produce, amounts at least equal to the taxes, assessments, and Insurance premiums to be paid The reserve funds shell be held by Lender as a general deposit from Grantor, which Lender may sabsfy by payment of the taxes, assessments. and Inswance premiums reqUIred to be paJd by Grantor as they become due Lander shall have the nght to draw upon the reserve funds to pay such nems, and Lender shall not be reqUired to detem'lona the valldrty or sccuracy 01 any rtem before paYing It Nothing In the Deed of Trust shall be construed as requlnng Lender to advance other mOnlea for such purposes, and Lender shall not lRCur any liability for anything It may do or omit to do with .aspect to the reserve account Subject to any Ilmrtabons set by applICable law. If the reserve funds disclose a shonage or defICiency. Grantor shell pay such shortage or defiCiency as requl18d by Lender All amounts In the reserve account are hereby pledged to further secure tha Indebtedness. and Lander IS hereby authonzed to WIthdraw and apply such emoums on the Indebtedness upon th" occurrence of an Event of Default Lender ehall not be reqUired to pay any ontereat or earnmgs on the reseIVe funds unless reqUired by law or agreed to by Lender In wnbng Lender does not hold the reserve funds In trust for Grantor, and Lander IS not Grantor's egent for pa."ment of the taxes and essessmenta reqwred to be paid by Grantor LENDER'S EXPENDITURES 11 eny action or proceedon9 IS commenced that would matBrral1y affect Lender'. ontarB8t In the Property or If Grantor f8lls to comply With any prOVISion ot this Deed of Trust or any Related Documents, Includrng but not Ilmrted to Grantor's fallura to dlscherge or pay when due any amounts Grantor IS r8qulted to dl$charge or pay under thiS Deed of Trust or any Re/ated Documems, Lander on Grantor's behalf may Ibut 8hall not be obbgated tol take any action that Lender deems appropnate, Includrng but not hrmted to discharging or paYIng all texes. bens. secunty Interests, encumbrances and other Claims, at any time leVIed. or placed on the Property and paYing aU costs for msunng. I'II8IntBImng erICI preseMnQ the Property All such expendotures oncurred or peld by Lander for such purpoaea wdl then bear Interest at the rate cherged under the Note from the date mcurred or paid by Lender to the date of repayment by Grantor AU such expenses Win become a pan of the Indebtedness and. at Lender's OptlOll. WID (AI be payable on demand, 181 be added to the balance of the Note and be apportioned among and be payable WIth any Installment payments to become due dunng either 11) the term of any eppbcable InSurance poliCY. or (21 the remarrung term of '. DEED OF TRUST (Continued) 20031001001256,004 Page 4 the Note, or (e) be treBted as a balloon payment whICh wID be due and payable at the Note's matunty The Deed ot Trust also WID secure payment of thase amounte Such nght shall be III addition to all other lights Bnd ,emed ... s to which Lender may be entitled upon Default . WARRANTY, DEFENSE OF nTLE The follOWing proVISIOns relating to ownership of the Property are;' part of this Deed of Trust Till. Grantor warrante that la) Grantor holds good and marketable title of record to the Property m tee Simple, free and clear of aU. bans and encumbrances other than those set forth In the Real Proparty deacnptlOn or 11'1 any trtle IIIsurance policy, trtIe report. or l1nal tllfe opinion ISSued In favor of, and accepted by, Lender m connection with thIS Deed of Trust, and Ibl Grantor has the full nght, power, and authorItY to execute and del1Y8r thiS Deed of Trust to Lender Defense of TItI. SubjeCt to the excepnon III the peragraph above, Grantor warrants and wdl lorevar defend the title to the Property against the lawful claoms of all persons In the event any aCtIon or proceadmg I. commenced that questions Grantor's title or the IOlereat of Trustee or Lender under this Deed of Trust, Grantor shan defend the actIOn at Grantor's expellSB' Grantor may be the nominal party In such proceeding, but Lender shen be entrtled to partICipate In the proceedmg and to be represented .n the· proceed.ng by counsel of Lender's own chOice, and Grantor w.n deliver, or cause to be del1Y8red, to Lender such Instruments as Lender mey request from lime to time to permit such pertlCopatlon Comphance With La_ Grantor warrants that the Property and Grantor's use of 1I>e Property compbe. WIth 'all eXlSt1l\g apphcable laws, OrdIOances, and regulations of governmental authorltl8s . Sul'1livltl of RepresentatlDns and Warranties All representat.ons, werran!les, and agreemente made by Grantor In tIM. Deed of Trust shaU Survive 1I>e execution and del1Y8ry of tIM. Deed of Trust, shen be contmUlng ,n nature, and shall remain 11\ full force and effect until such time as Grantor's Indebtedllll8s ShBU be paid m full CONDEMHATION The followmg provISIons relatIng to condemnat.on proceedmga are a part of tlMs Deed of Trust Proceedings II any proceedIOg In condemnation 15 hied, Grantor shall promptly noufy Lendar 10 Writing, and Grantor shaH promptly take such steps as may be necessary to defand the action and obtam the award Grentor may be the nommal party In such proceed.ng, but Lender shall be entitled to par!lclJ)8te .n the proceedlO9 end to be represented In 1I>e proceedmg by counsel of Its own cho.ce ell at Grentor's expense, and Grantor will delIVer or cause to be dehvered to Lender such Instruments and documentatlOO as may be requested by Lender from tome to time to permit such partICipation Application of Net Proceeds If all or any pert of the Property 15 condemned by emment domain proceedings or by any proceeding or purchase m lieu of condernnallon, Lender may at Its elect10ll requlfe that ell or eny portIOn of die net proceeds of the award be appbed to the Indebtedness or the repalf or reatoratlOf\ of 1I>e Property The net proceeds of the eward shall mean the award after payment of all reasonable costs. expenses, and anorneys' fees Incurred by Trustee or Lender In connectIOn with the condemnation . IMPOSmON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES The follow.ng prOVISions relating to goverrvnental taxes, fees lIfld charges are a pert of this Deed .of Trust Current Taxes. Fees and Charges Upon request by Lender, Grantor shan execute such documents .n eddltlon to this Deed of Trust and take whatever other actIOn IS requested by lender to perfect and contlllue Lende,'s ben o'n the Real Property Grantor shall reimburse Lender for ell taxes, as desc~d below, together with ell expenses Incurred m recordmg, perfecting Or contmUlng thts Deed of Trust. Including WIthout hmlt8!lon aU taxes, fees, documentary stamps, and other charges lor recording or regJStenng tlMs Deed of Trust Taxes The foIlow.ng shall constitute taxes to which thIS seCtIon applies 111 a sp9CIflC tax upon 1I>IS type of Deed of Trust or upon an or any part of the Indebtedness secured by this Deed of Trust. (21 a specrtrc tax on Grantor wh.ch Grantor IS authonzed Of requlfed to deduct from payments on the Indabtedness secured by thiS type of Deed of Trust. 131 a tax on this type of Deed of Trust chargeable against the Lender or the holder of die Note, and (41 a speCifIC tax on all or any porllon of the Indebtedness or on peyments of prinCipal and Interest made by Grantor . Subsequent Taxes II any tax to whICh this section applIes IS enacted subsequent to the date of thiS Deed of Trust, thIS event shall have 11>8 same effect es en Event of Default, and Lender may exerc.se any or all of ItS av .. lable remedies for an Event of Default as provrded below unless Grantor erther (11 pays the tax before .t becomes delonquent, or 121 contests the tax as proVIded above 11\ the Taxes and uens section and deposits ,With Lender casn or a suffiCient corporate surety bond or other securItY satisfactory. to·Lender SECURITY AGREEMENT. FINANCING STATEMENTS The follOWing proVlSlOOS relating to tIM. Deed of Trust as a secunty agreement are a part of thiS Deed of Trust Secunty Agreement Th.s Instrument shall conatJtute a Secunty Agreement to the extent any of the Property COnstitutes f1XlUfes, and Lender shaU have all of the fights of a secured perty under the Un.form Commerela' Code as amended from lime to tlma Secunty triter.st Upon request'by Lender, Grantor shall exacute finanCing statements and take whatever other action •• requested by Lender to perfect and continue Lender's security Intarest In the Renta and Persona. Property In addition to recording thIS Deed of Trust In die real property records, Lender may, at any time and WithOut further authonzatlon from Grantor, file executed counterparta, copies or reproduc!lons of thiS Deed of Trust as a flnanemg statement Grantor shall reImburse Lender for all expenses Incurred m perfaCtlng or continuing 11>15 secunty IOterest Upon defauJt. Grantor shall not remove, saY1!f or detach the Personal Proparty from the Property Upon default, Grantor shall assemble any Personal Property not affixed to the Property In 8 manner and at a place reasonably convenient to Grantor and Lender and make rt avadable to Lender within three (3) days after receipt of wntten demand from Lender to the extent permmed by applICable law Addresses The. madlng addrasses of Grantor (debtorl and Lender (secured pertyl from which Information concerning the securItY mterast granted by this Deed 01 Trust may be obtained (each as reqUIred by the Uniform Commercial Code, are as stated on the Illst page of thts Deed of Trust FURTHER ASSURANCES. ATTORNEY-IN-FACT The followmg prOVISIon. relatmg to further· assurances and attorney'm-Iact are a pert of th.s Deed of Trust' Further Asaurences . At eny time, and from tlma to time, upon requeat of Lender, Grantor will make, execute and dehver, or Will cause to be made, executed 0' delIVered, to Lender or to Lender's designee, and when requested by Lender, cause to be ftled, recorded, rshled, or rerecorded, as the case may be, at such times and In such offices and pieces as Lender may deem appropnata, any and an such mortgages, deeds 01 trust, aecunty deeds, securItY agreements, financing statements, continuation statements, .nstruments of further assurance, cerllflcates, and other documenta as may, In the JIOle opinion of Lender, be necessary or desllable In order to effectuate, complete, perfect, cOn!lnue, or preserve (1) Grantor's obhgatlOns under the Note, thts Deed of Trust, and the Related , .' '. DEED OF TRUST (Continued) 20031001001256,005 Page 5 Documents, and 121 the liens and $Bcunty Interests created by thIS Deed of Trust 88 forst,and pnor llena on the Property, whether now owned or hereafter acqUired by Grantor Unless prohlboted by law or Lender agrees to the contrary In Wilting, Grantor shall IIlJmburse ~ender for all oosts and expenses oncurred In connectIOn With the matters referred to ,n thIS paragraph Attomey-m-Fact If Grantor laols to do any 01 the things rafarred to In the preceding paragraph, Lender may do so lor and on the name of Grantor and at Grantor's expense For such purpo$eS, Grantor hereby Irrevocably apPoints Lender as Grantor's attorney-ln-Iact fo, the purpoae of making, executing, dellVerong, flbng, recordmg, and doing all other things a8 may be necessary or desllable, m Lender's sole opmlon, to accomplish the matters referred to on the preceding paregraph RILL PERFORMANCE If Grantor pays all the Indebtedness when due, end 'otherwise performs all the obligations Imposed upon Grantor under thos Deed of Trust, Lender shall execute and, deliver to Trustee a request for fun reconveyance and shall execute and deltver to Grantor sUItable statements of termlnatoon of eny 'manclng etatament on fole eVldancmg lender'S "eounty werest In the Rents and the Personal Property Any reconveyance fee shaD be paid by Grantor, If parmltted by appiocable law The grantee In any reconveyance may be desCribed es the'"person or persons IegaDy entotled thereto", and the recrtals on the reconveyance of any mattsrs or fsets shall be conclusIVe proof of the truthfulness of any such matters or facts ' EVENTS OF DEFAULT Each of the follOWing, at Lender's optIOn, ahall constrtute an Event of Default under thIS Deed of Trust Payment Defauft Grantor falls to make any payment when due under the Indebtedness Other Defaults Grantor falll to comply WIth or to perform any' other term, obligation, covenant or condotoon contained In thiS Deed of Trust or UI any of the Related Documents or to comply with or to perform any term, obllgatoon, covenant or condllion contained In any other agreement b_ean Lender and Grantor Compbance Default Failure to comply WIth any other term,oblogatlon, covanant or condJ1lOn contelned In thiS Deed of Trust, the Note or 1M any of the Related Documents If such a fdure IS curable and If Grantor has not been given a notICe 'of a breach of the' same prOViSion of thos Deed of Trust wrttun the precedmg twelve 1121 months, II may be cured land no Event of Default WID have occurredl .f Grantor, after Lender sends wntten notoee demanding cure of such fao/ure lal cures the failure within fifteen 1151 days, or Ibl If the cure requlles more than fifteen 1151 dave, Immediately Initiates stsps suffiCient to CUle the fao/ur. and thereafter contonues,and complelel all reasonable 8/'Od necessary steps suff.coent to produce compliance as soon es reasonably practlCei Default on Other Payments Failure of Grantor wltlun the time requlled by thos Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent tobng of or to effect discharge of any hen False Statements Any warranty, representation or statement made or furnished to Lender by Grentor or on Grantor's behalf under thos Deed of Trust or the Related Documents IS false or mISleading In any material 'respect, eIther now or at the tome made or furl1lshed or becomes false or mosleadlng, at any tome thereafter Defectove Collateraluatoon ThIS Deed of Trust or any of the Related Documents ceases to ba In tun forca and effect (Including failure of any collateral document to create a vahd end perfected secUnly Interest or llenl at any time end for any reSBon ' Death or Insolwncy The daa1h of any Grantor, the Insolvenoy of Grantor, the appointment of a _ for any part of Grantor's property, any 888JgI1ment for the benefit of creditors, any type of creditor workout. or the commencement of any proceedmg under any bankruptcy or inSOlvency laws by or against Grantor Creditor or Forfeoiure Proceedings Commencement of foreclosure or forfeiture proceedings, whether by JUdICISI proceeding, self,help, repossession or any other method, by any creditor of Grantor or by eny governmentel agency against any property secullng the Indebtedness Thts Includea a garnIshment of any of Grantor'a accounts, Including deposit accounts, With ~der However, thiS Event of, Default shall not apply of there IS a good faoth dispute by Grantor es to the validity or reasonableness of the cl8lm whICh IS the baSIS of the creditor or forfeiture proceeding and of Grantor gives Lender wrrtten notICe of the creditor or forfeItUre proceeding and deposrte' with Lender monoas or a surety bond for the creditor 01 forfeiture proceeding, m an amount determUled by Lender, m rte sole discretion, as being an adequate reserve or bond for the dispute Breach of Other Agreement Any breach by Grantor under the terms of any other agreement between Grantor end Lender that IS not remedoed within any grace panod prOVided therem, ItICludUlg Without limitation any agreement conceirlll19 any Indebtedness or other obligation of Grantor to Lender, whether eXIsting now or later Evente Affec:lll1g Guanntor Any of the preceding events OCcure with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodatIOn party dies or becomes Incompetent, or revokes or dISputes the validity of, or lIaboloty undDr', any Guaranty of the Indebtedness ' Adverse Change A matenal edverse change occurs In Grantor's flllanclSl COndition, or Lender beloeves the prospect of peyment or performance of the Indebtedness IS omp8lred Insacunty Lender m good faith believes Itself Insecure RIGHTS AND REMEDIES ON DEFAULT, If an Evant of Default occurs under thos Deed of TrUllt, at any toma thereafter, Trustee or lender may exerCIse any ana or more of the 10HoWlng lights and remedies Electoon 01 Remedies ElectIOn by Lender to pursue any remedy shall not exclude pursUIt of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under thos Deed of Trust, after Grantor's failure to perform, shaH not affect Lender's nght to declare a default end exercise Its remed188 Accelerate Indebtedness Lender shell heve the roght at rte optoon to declare the entlle Indebtedness Immediately due and payable, Including any prepayment panalty which Grantor would be reqUIred to pay Foreclosure, With respect to all or any part of the Real Property, the Trustee shan have the roght to exerCise ns power of sale and to foreclose by notoce and sale, and Lender shaD have the light to foreclose by Judicial foreclosure, In either case on accordance wnh end to the full extent provided by appllCabl. law UCC Reme...... Wnh respect to aD or any pert of the Personal Property. Lender shaH have eil tha nghts and remedl88 of a sacured party under the UNform Commercial Code CoUect Rants Lender shan have the roght. WIthOut notoce to Grantor to taka possllSSlOn of and manege the Property and coUect the Rents, Including amounts past due and unpaid, and apply the nat proceeds, over end above Lender's costs, agamst the Indebtsdness In furtherance of this nght, Lender may reqUIre any tanant or other user of the Property to make payments of rent or use fees directly to Lender If the Rents ens collected by Lender, then Grantor Illevocably desl9natea Lender as Grantor's attorneY-In-fact to endorse IlIStruments rec8Jved m payment thereof In the name of Grantor and to nagotl8te the same and collect the proceeds Payments by tenants '. DEED OF TRUST (Continued) 20031001001256.006 Page 6 or other users to lender In response to lender's demand shan satisfy lIle obhgstlonS for whoch lha payments are made. whether or not any proper grounds for the demand eXISted lender may eKerclSe tts nghts under thIS subparagraph erther In person. by agent. or through 8 receIVer AppOint RecetYer lender shall heve the nght to have a receIver appoInted to take POSSe8SlOl1 of aU or any part of the Property, WIth the power to protect and preserve the Property, to operate the Property precedIng or pendong foreclosure or sal8, end to collect the Rents from tha Property end apply the proceads, over and above the cost of the receIVership, agaInst the Indebtedness The receIVer may serve WIthout bond If permitted by law lender's nght to the apPoIntment of a rece,ver shell eXIst whether or not the apparent value of the Property exceeds the Indebtedness by 8 substantIal amount Employment by Lender shall not dl8quahfy a person from sel'lM9 as a receiver Tenancy at Sufferance If Grantor remaIns In possessIOn of lIle Property after the Property IS sold es prOVIded above or Lender otherwIse becomes entttled to possessIOn of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of lender or the purchaser of the Property and shsD. at Lender's option, either 11) pay a reasonable rental for the use' of the Property. or 12) vacate the Property Immediately upon the demand of lender . Other Rcmedoes Trustee or Lender shell have any other nght or remedy proVIded In thIS Deed of Trust or the Note or by law NotICe of Sale lender shaD gIVe Grantor reasonable notice of the time and place of eny pubhc sale of the Personal Property or of the tIme efter whICh any prIVate &ale or other Intended dosposotJOn of the Personal Property 18 to be made Reasonable notIce shall mean nOtIce goven at least tan 110) days before the time of the sale or disposItIOn Any sale of lhe Personal Property may be made on cOIljlll'lClJOn WIth any sale of the Real Property Sale of the Property To the extent permitted by applIcable law, Grantor hereby wall/8$ sny and all lights to have the Property marshalled In exercIsIng Its nghts and remedIes, the Truatee or Lender shall be free to seO all or eny part of the Property together Or separately, In one sale or by separate sele. Lender shall be entitled to bid at any pubhc eale on aU or any portion of the Property Attorneys' faes, Exp8Mes If Lender ·mstrtutes any surt or actIOn to enlorce any of the terms of thIS Deed of Trust:. lender sheD be entitled to recover such sum as the court may adludge reasonable as attorneys' fees at tr~ and upon any appeal Whether or not eny court ectlon os Involved, and to lIle extent not prohoblted by law, aU reasoneble expenses Lender Incurs thet In lender's opinIOn are nacessary at any time for the protactlon of Its 'mterest or the enforcement of Its nghts shaD become a part of lIle Indebtedness payable on demand and Shall bear Interest at the Note rate from the date of the expendIture until repeld Expenses covered by thos paragraph Include, without limitation. however aublect to any IImtts under applIcable law, lender's attorneys' fees and Lender's legal expenses, whether or not there IS a laws!lll. IncludIng attorneys' fees and expense .. for bankruptcy proceedings hncludlng efforts to modIfy or vacate any automatIC stay or InlunctlOlll, appeals, end any anticIpated poat'Judgment collection selVlCes, the cost of searchIng records, obtaIning totle reports (IncludIng foreclosure reports), surveyors' reports. and appr8lSai fees. trtIe Insurance. and fees for the Trustee, to lIle extent permitted by apphcable law Grantor .al80 WID pay any court coats, In addl\1On to an other sums prOVIded by law RIghts of Trustee Trustee shall have an of lIle lights end dubas of Lender as set forth on thos section POWERS AND DBUGAT10NS OF TRUSTEE The follOWIng proVIsIOns relating to the powers end oblIgations of Trustee (pursuant to lender's InstrUCItOns' are part of thIS Deed of Trust Powers af Trustee In edd,tlon to all powers of Trustee allSlng as a matter of law, Trustee shell have the power to take the follOWing actIons WIth respect to the Property upon the written request of Lender and Grantor Ie) lOIn In prep.llng and flhng a map or plat of the Real Property, Includong the dedlCetlon of stra~ or olher nghts to lIle pubhc, (b) JOIn on granang any easement or cresltng any restnctlOn on the Real Property. end (cl JOIn In any subordInation or other agreement affectJng thIS Deed of Trust or the Interest of Lender under tlus Deed of Trust ObbgatlOns to Notify Trustee shall not be obhgated to notIfy any other party of e pendIng sale under any other trust deed or lIen, or of any actIon or proceedong on which Grantor, Lender, or Trustee shall be a party, unless requlled by eppllCable law, or unless the actIOn or proceedIng IS brought by Trustee Trustee Trustee shall meet all qualIfICatIOns requlled for Trustee under applicable law In eddltlOn to the nghts and remedl8s set forth above. WIth respect to all or any part of the Property, the Trustee ahall have the nght to . foreclose by notICe end sale, end Lender shell have the nght to foreclose by jUdICIal foreclosure, on either case .n accordance WIth and to the full extent proVIded by applIcable law Successor Trustee Lender. at Lender's option. may from time to time appoInt a successor Trustee to any Trustee apPOlJ\ted under this Deed of Trust by an Instrument executed and ecknowledged by lender and recorded In lIle office of the recorder of KING County. State of Weshlngton The Instrument shall contaIn, In addition to all other matters requlled by state law, the names of the onglnal Lender, Trustee. end Grantor, the book. and page or the Auditor's Ftle Number where th,S Deed of Trust IS recorded. end the name and address of the SUCC8IISor trustee, and the Instrument shall be executed and acknowledged by Lender or tts successors on Interest The successor trustee, without conveyence of the Property. shall sl,M;ceed to an the title, power. and duties conferred upon the Trustee on thIS Deed of Trust and by applIcable law ThIs procedure for substotubon of Trustee shall govern to the exclusIOn of all other prOVISIOns for substItUtIon NOTICES Subj8Ct to applicable law, and except for notice requlled or allowed by law to be gIven In another manner, any notice reqUIred to be goven under ttus Oeed of Trust, IncludIng without hmltatlOn any notIce of default and any notICe of sele shall be gIVen In writing, and shall be effective when actually delIvered, when actually receIVed by telefacslmde lunless otherwISe reqUIred by lawl. when depoSIted with e nabonally recognized overrught courlllr, or, If m8lled, when depoSited .n the United States mad. as fIrs! cless. certifIed Dr regIStered mati postage prepaId. dllected to the addresses shown near the beglMUlg of tlus Deed of Trust All coptes of notices of foreclosure from the holder of any lIen wtuch has prIority over th,S Deed of Trust shall be sent to Lender's addr86$, as shown near the begInnIng of thIS Deed of Trust Any perty may change Its address for nobces under this Oeed of Trust by gIVing formal wrotten nobce to the other partoes. specofyong that the purpose of lIle notIce IS to change the party's address For notice purposes, Grantor agrees to k .... p Lender mformed 8t all times of Grantor's current address Sublect to applIcable lew. and except lor nCltce required or allowed by I"w to be gIVen," anolher menner. " there IS more than one Grantor, any notice gIven by Lender to any Grantor IS deemed to be notice gIVen to an Grantors MISCELlANEOUS PROVISIONS The foDoWlng ml$ceJlaneou8 plOVlSlOns are a pan of thIS Deed of Trust Amendments Tin Deed of Trust:. together with any Related· Documents, constitutes the entire understandIng and agreement of the parttes as to the matters sat forth In thos Deed of Trust No alteratIon of or amendment to thIS Deed of Trust shaR be effectove unless goven In wilting and sogned by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports If the Property IS used for purposes other than Grantor's reSIdence, Grantor shall furntsh to i' • DEED OF TRUST «Continued, 20031001001266.007 Page 7 Lender, upon request, a cerofled statement of nat oparatlllg Income receIVed from the Property dUllng Grantor's preVIous fiscal year m such form and detad as Lender shall reqwre "Net operetll1g Income" shall mean all cash rec"",ts from the Property less all cash expenditures mede In COMOCtion with the operation of the Property Caption Headmgs· Capllon hoadmgs III thIS Deed 01 Trust are for convenience purposes only end are not to be used to Interpret or defme tho proViSIOns of thIS Deed of Trust Merger There shall be no merger of the Interest or estate creatad by tIHs Deed of Trust With any other Interest or estata In the Property at any time held by Of 10r·the benefit of Lender m any capacity, without the wntten consent of Lender Gov·.rnlng Law Thra Deed of Trust wdl be govemed by. construed and enforced In accordance with federal law and tha laws of the Stete of Washington ThIS Deed of Trult has been accepted by Lender III tha State of Waslungtvn ChoICe of Venue If there IS a law5ult, Grantor agrees upon Lender's request to 8ubmrt to the JUIIsdlCtlon of the courts of KIng County, Stata of Washington . Jomt and· Several Loabdrty An obligations of Grantor under thIS Dead of Trust shail be JOIIIt and several, and all references to Grantor shall mean each and every Grantor ThIS meallS that each Grantor SJgrung below IS respollSlble for all obIogatlona 10 thIS Deed of Trust No W8JVar by Lender Lender shell not be deemed to have waIVed any nghta under thIS Dead of Trust unless such wa,ver IS gwen In wnttng and SIgned by lender No delay or omission on the pan of Lender In exerCiSIng any roght shall operate as a waiver of such nght or any other nght A w8lver by Lender of a prOVISion of this Deed of Trust shall not preJUdICe or constrtute a WalVl!f of Lender's right otherw_ to demand stnct compliance WIth that prOViSion or any other proVISIOn of tIHs Deed of Trust No pnor W81V8r by Lender, nor any course of dealing between Lender and Grantor, shall conftrtute a w8JVer of any of Lender's nghts or of any of Grantor's obhgauons a8 to any future transactions Whenever the consent of Lender IS reqUiled under tIus Dead of Trust. the grentlng of such conserrt by Lender In any Instance sheU not constitute COntlllUlng consent to subsequent IOStances where such consent IS requlled and In aU cases such consent may be granted or wrthheld In the sole dlScretron of. Lender SeveraIHbty If a court of competerrt /unsdlCtlon finds any prOVlS1OIl of thIS Deed of Trust to be dlegal, l/lValld, or unenforceable as to anv person or circumstance, that findIng shell not make the offendIng proVISIOn diegel, mvelld, or unenforceable as to any other person or cllcumstanca . If feasible, the offending provIsIon shell be consIdered modified 80 that It becomes legal •. valid and enforceable If the offendIng proViSIon cannot be SO modlfled, It shall be conSidered deleted from thIS Deed of Trust Unless otherwise requlled by law, tha Inagallty. IOVSbdlty, or unenforceablbty of any proVISIOn of thIS Deed of Trust shall not affect the legality, validIty or enforceabIlIty of any other proVISIOn of thIS Deed of Trust SuccessorS and ASSigns SubJect to Bny limitations stated In flus Dead of Trust on trallS'ar of Grantor's Interest. thIS Deed of Trust shan be binding upon and mUla to the benefit of the partIeS. theor SuCcessors end assigns If ownership of the Property becomes vestad III a peraon other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors WIth reference to thIS Deed of Trust and the Indebtedness by way of forbearance or eKtenslOn without releaSing Grantor from the obligations of flus Deed of Trust or liability under the Indebtedness Time IS of the e..ence Time IS of the esSence In the performance of thIS Deed of Trust Waiver of Homestead Exemptton Grantor hereby releases and wawes all roghts and benefItS of the homestead exemptlOO laws of the State of Weshlngton as to an Indebtedness secured by thIS Deed of Trust DERNfTfONS The follOWIng CapitalIZed words and terms shall have the follOWing meanIngs when used In this Deed of Trust Unless speclfloaUy stated to tho contrary, all references to dollar amounts shall mean amounts In lawful money of the Unrted States of Amenca Words and terms used In the stngu1ar shaD tnclude the plural, and the plural shall onclude the SIngular, 88 the context may requ.re Words and terms not OtherwISe defined In thIS Deed of Trust shall have the meamngs annbuted to such terms In the Uniform Commerclaf Code BenefICIary The word "BenefiCiary" means Pacific Northwest Bank. and Its successors and assogns Borrower The word "Borrower" means LBGH R HENKE. EILEEN HENKE, WILLIAM H BAKER and RANDY BAZE, and eD other persons and entlttes sognng the Note In whatever CapacIty Deed of Trust The words "Deed of Trust" mean thIS Deed of Trust among Grentor, Lander, and Trustee, and Includes without hmltatlon aU assl9nment and socunty Interest proVISIons relatIng to the Personal Property and Rents Default The word "Default" means the Default set forth In this Deed o'Trust In the aectJOn titled "Default" Event of Default The words "Event of De~uIt" mean any of the events of default set forth In thIS Deed of Trust In the events of dafault seCtIOn of thiS Deed of Trust Grantor The word "Grantor" means LEIGH R HENKE, EILEEN HENKE. WlLUAM H BAKER and RANDY IlAZE Guaranty The word "GUaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to .Lendar, including without hmttabOn a guaranty of aD Or part of the Nota Imprevemente The word "Improvements" means aU eXistIng and future Improvements, buoldll'lgs, structures, mobde homes affixed on the Real Property, facilities, additions, replacementa and other constructIOn on the Real Property Indebtedn... The word "Indebtedness" means ell prinCIpal, Interest, and other amounts, costs end expenses payable under the Note or Related Documents, together With. aQ renewals of, extensIOns of, modmceuollS of, coniOhdatlOns of Bnd substitutIons for tha Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obJ,gattoros or expenses Incurred by Trustee or Lender to enforce Grantor's obhgattons under this Deed of Trust. together WIth Interest on such amounts as prOVIded In thIS Deed of Trust Lender The word "Lender" means Pacrf1c Northwest Bani<, rts successors and 8IIIIIgn& Note The word "Note' means the prorlllssory note dated September 30, 2003,. In the original prinCipal amount of $256,000.00 from Grarrtorto Lender. together wrth aU renewals of, extenSJDrIS of, modlflcatlorlS of, refinanCings of, con80hdaoollS of, and substrtutoons for the promissory note or agreemerrt P ...... naI Property The words 'Personal Property' rnaan all equipment. fIxtUres, and othar arttcles of personal property now or heraafter owned by Grantor, end now or hereafter attached Of affixed to the Real Property, together WIth all aCCe5SJons. parts, and eddltoons to, ell replacements of, and all substitutIOns for, any of such property, and together With ell lS$ueS and profrts thereon and proceeds (lncludmg Without IU11Itatton all InsUlance proceeds and refunds of premIums) from any sale or other dISpOSItIon of tho Property Property The word 'Property' mearos collacttvely the Real Property .and the Personal Property '. DEED OF, TRUST (Continued) 20031001001256.008 Page 8 Real Property The words 'Real Property' mean the real property. lIIteIests and rights, as further descnbed In tlus Deed of Trust Related DocumentS The words "Related Documents" mean all promosaory notes, credIt agreements, loan agreements, guarantIes, .ecuntv agreements, mortgages, deeds of trust. securny deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter exIStIng. executed In connectIOn WIth the Indebtedness, proVIded, that the envoronmentel Indemnity agreements .re not 'Related Documents" and are not secured bv thIS Deed of Trust Rents The word "Rents" means aD present and future rents, revenues, Income, ISSUes, royaltoes, prOfits, and other benefItS denved from the Plopertv Trustee The word "Trustee" means FIRST AMERICAN .TITLE INSURANCE COMPANY, whose malbng address I. 2101 FOURTH AVENUE, SUITE aoo, SEATTLE, WA 98121 and any substotute or successor trustees EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS GRANTOR INDIVIDUAL ACKNOWLEDGMENT STATE OF ----IjWa~2tS'L.h=;~,pf-=!I1:.L..-__ COUNTY OF _""K;..;:' .. -.:..\~-"'t--------ISS I On tlus day before me, the underSIgned Notary Pubbc, personally appeared LEIGH R HENKE, personallv known to me or proved to me on the bsSJS of satlSfectory eVld~~,~. IndIVIdual descnbed m and who executed the Deed of Trust, and acknowledged that he or she Slgn~,.pNee!J-... tt 88 hIS or her free and voluntary act and deed. for the uses and purposes ther .. n mentIOned f~~~"~~"",. 'II r ~_ I .... GIven under my hand end Official sear ttwf /~<iJi8t7. ~\ '~ay of O~ .' 20~ --~ I :~~OTAA'I ~~ ~ . B II: :0 _ m: ~ /:/ 1(".# • .-y ~I,) ~ : ~ ReSldmg at --,rx:"a.""{uIN-"~.,,,.,-,,,~=,-____ _ "0, ':':>: MV commlSSlDn expIres 5" (p. D£ ~"'" 6-6-0~/,#.f' ,~ C:;\:::$#:..:-.,.",---- INDIVIDUAL ACKNOWLEDGMENT STATE OF WIL.f hI t;fDf4 COUNTY OF I:::J ":J ISS I _ ................ ",,,, On thl' day before me, the underSIgned Notary PuJllll!7~bl~ed EILEEN HENKE. personaliv known to me or. proved to me on the baSIS of satisfactory eVldeJ!l:e to ,~ltJ9. I descrobed In and who executed the Deed. of Trust, and acknowledged thet he or she slg~ ~~Iaq~ \r her free and voluntary act and deed, for the uses and purposes thereIn mentIOned ~ 'O~NOT.: ~\ '~ GIVan under mv hend and offocud seal thl. .l2 tid .. 't9j.:Doiv Of~ ~ " 20 ~ • ~' m' II: ~ ~fIl: 0,: l' ~ .• ~~' • II By ~ " ~\ d'..~ ./ ;'Realdlllg at 'BeIf~ ~ ~ 1,'(\: -·.:y.05 •••• ~ Notary Public In and for State of JuA O~I' :';:. '~/ My commos8lOn expore. ,r·6· O~ ·~ . , , , ' DEED OF TRUST (Continued) INDIVIDUAL ACKNOWLEDGMENT --""'" I I ~ .:---,..UL k~~\\\ STATE OF U/(cJ ltil1.JTP r1 ;-f .. · .. ·j~;.'l ~ •• ~\SSIO~~~ " 1/... ~:'~ :_~.. l~ COUNTY OF HJ ~ :8 NOTAri}--~: ~ ~: --: ~ 20031001001256.009 Page 9 . l ~ A__ : I On this day before me, the underSJgned Notary Pub~ cae:'onally'a'pll.!arad,o\VIt.d'AM H BAKER, personally known to ma or proved to me on the baSIS of satISfactory eVlde1.,~;;,~1te tIII{IM~8 deG'cnbed In and wI1.o executed the Deed of Trust and acknowledged thet he or.she signed the'att'ej;f~'t'lSs" ~r free and voluntary act and deed, for the uses and pur.poses theretn mentioned ~ \\\\,WAsh~ __ .:-~ Given IBId .. my hand end offJcJ81 seal this 3 6 "''''l""bJ S~ , 20 13 ;-Ad~~ .......... ~- Notary P:bbC III md:; tllSbte of wA My commlSSlon:::s5"i' INDIVIDUAL ACKNOWLEDGMENT STATE OF WAfh.I1A~t\ :---PAu2)\\\\\ ,f" .• ··;t.issio~~'" COUNTY OF f?rj 1 "'o~ rt; ". '<;c.1, : ff;) NO~~: ~ On thiS day before me, the underSigned Notary ~~ ~ers~~fe~a ~DY BAZE, personally known to me or proved to me on the basil of sat .. factory evtdenc.yJ ,1I~~JduStPe8C~ed In and who executed the Deed of Trust, and acknowledged that he 01 she Signed the '"f. lil~ as h!f.Or htie'frea and voluntary act and deed, for the uses and purposes therein mentIOned ~ ~""" ~ ,5' GIVen ..,dor my "-nd and offlCIIII .eal this 30 \,~.!t!~~ ~ ,.20ll... ~AJ ~~ R~dmgat KLI/wb4 Nota'; Pubbc III .:::fo~o State of -.k!tJ My convn18810n ellp""S >:. (p. 0> REQUEST FOR FULL RECONVEYANCE To , Trustee The underSJgned IS the legal owner and holder of all Indebtedness secured by this Deed of Trust You are hereby requested, upon payment of all sums OWing to you,. to reconvey WIthout warranty, to the persons entitled thereto, the nght, trtIa and Interest now held by you under the Deed of Trust Data' ________________ ~ ____________ ~ alnetk:wy _______ ~------- By,------- ~ ----------------- , -" ~ . RETURN ADDRESS: PacifIc Northwest Bank Seattle FInanCIal Center 1111 Thud Ave Ste 250 Seattle, WA 98101 20031001001257.001 HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT Reference # (If applicable). __________ _ Grantor(s) 1 HENKE, LEIGH R 2 HENKE, EILEEN 3 BAKER, WILLIAM H. 4 BAZE, RANDY Grantee(s) 1 • PaCifiC Northwest Bank Additional on page _. _ 31~--r~ ® 1ST AM Legal Descnptlon. LOT 6, BURLINGTON NORTHERN BSP, VOL 161,P8-11 Additional on page 2 Assessor's Tax Parcel 10# 125360-0050-08 THIS HAZARDOUS SUBSTANCES AGREEMENT dated September 30, 2003, Is made Bnd executed among LEIGH R. HENKE, EIlEEN HENKE. W1LUAM H. BAKER and RANDY BAZE. 19104 S.E. 44OTH· STREET. ENUMCLAW. WA 98022 (sometimes referred to below as "Borrower" and sometimes as "Indemnitor"); and PacifiC Northwest Bank, Seattle Fmancial Center. 1111 Third Ave. Ste 250, Seattle. WA 98101 Ireferred to below as "LenderR). DEVELOPMENT PLANNING CITY OF RENTON FEB 2 3 2004. RECEIVED • 20031001 0012!i7 .002 HAZARDOUS SUBSTANCES AGREEMENT (Continued) . Page 2 For good and valuable consideration and to induce lender to make a Loan to. Borrower, each party executing this Agreement hereby represents and agrees with Lender as fonows PROPERTY DESCRIPTION. The.word "Property" as used In thIS Agreement means the followIng Re .. 1 Property located In KING County, State of Washington LOT 6 OF BURUNGTON NORTHERN, A BINDING SITE PLAN, ACCORDING TO THE PlAT THEREOF RECORDED JUNE 30,1992 IN VOLUME 161 OF PLATS, PAGES B THROUGH 11 UNDER RECORDING NO 9206302696, IN KING COUNTY, WASHINGTON The Real Property or Its address IS commonly known as 9300 S W 41 ST STREET, RENTON, WA 98055 The Real Property tax ldentlflcatoon number OS 125360'()()50-08 REPRESENTATIONS The followmg represerRabons are made to Lender, subJect to dosclosures made and accepted by Lender In writing Usa of Property After due InqUIry and onvestlgatlon, Indemnitor has no knowledge, or reason to beheve, that there has been any use, generation, manufacture; storage, treatment. raflnement. trarlSportetlon, dIsposal, release, or threataned release of any Hazardous Subst<lnCe by any person on, under, 0( about the Property Hazardous Subatances After due mquory and InveStIgatIOn, IndemnItOr has no knowledge, or reason to behave. that the Collateral, whenever· and whether owned by preVIOUS Occupents, has ever contamed asbestos, PCB.or other Hazardous Substances, whather used In construebon or atored on the Collateral No Notices Indemnitor has received no summons, cotebon. dorecnve, letter or other cornmunocabon, wrotten Or oral. from any agency or department of any county or stata or the U S Government concerning any Intentoonal or unmtentJonal actIOn or omIssIon on, under. or ebout the Property which has resultad In the rele8Sl1lg. SPlnlng, leakIng, pumpIng, pourIng, el1l1ttlng, emptytng or dumpIng of Hazardous Substances Into any waters or onto any lands or where damage may have resutted to the lands, waters, fIsh, shellftsh, Wildlife. biota, air or other natural resources· . AFFIRMATIVE COVENANTS Subject to dISclosures made and accepted by .Lender In writing, Indenuutor covenants WIth Lender as follows Use of Property Indemrutor W1II not use and does not Intend to use the Proparty to generate. manufacture. refme. transport, treat. store. handle or dISpose of any Hazardous Substances Compbance WIth EnwanmenUII L8Ws Indemnitor $hall cause the CoIlataral and the operatoons conducted on It to comply WIth any and all Envoronmemal Laws and orders of any governmental authontlea haVIng JurISd,ction under any Envoronmental Laws and shall obtain, keep In effect and comply WIth aD governmental permits and authonzatlons reqUired bV EnVironmental Laws woth respect to such Collateral or operabans Indemnitor shall fumlsh lender woth copres of all such permits and authOrizatIOns and any amendments or renewals of them and . shall notify Lender of any exporabon or revocatIOn of such permits 0( authorozatrons PreventIVe, Investogato,., and Remedoal Actran Indemrutor shall exercISe extreme care. In handlIng Hazardous Substances If Indemnitor uses or encounters any Indemnitor, at Indemnitor's expense. shall undertake any Bnd all preventIVe, Invesbgatory or ·remedoal actoon (IncludIng emergency response. removal. cont8lnment and other remedIal aCban) (a) reqUIred by any applicable EnVIronmental Laws or orders by any governmental authority hevlng junsd,ctJon under enVIronmental Laws. or Ib) necessary to prevent or morumlZe property damage !IncludIng damage to Occupant's own propertyl. personal Injury 0( damage to the envoronment, or the threat of any such damage or 'RJUIV, by releases of or exposure to Hazardous Substances In connectIon woth the Property or op .... atlons of any Occupant on the Property In the event Indemnotor farls to ·perform any of Indemnitor's obllgabons under thIS sectIOn. of the Agreemant, Lander may (but. shall not be reqUIred to) perform such oblogabons at Indemmtor's expense All such costs end expenses Incurred by Lender under thIS secbon and otherwise under th,S Agreement shall be reImbursed by IndemnrtOr to Lender upon demand with Interest at·the loan default rate, 0( In the absence of a default rete, et the Loan omerest rata Lender and Indemnitor ontend that Lender shall have full recourse to Indemnitor for any sum at any time due to Lender under thIS Agreement In performing ;lny such oblogatoons of Indemnitor. Lender shall at all tImes be deemed to be the agent of IndemnItOr and shall not by reason of such performance be deemed to be assuming any responSlblloty of Indemnitor under any env,ronmental Law or to any tturd party lndemno1or hereby Irrevocably apPoints Lender as Indemnitor's attorney-on-fact with full power to perform such of Indemnrter's oblIgations under thrs nctlon of tha Agreement as Lender deems necessary and appropnate· Notices IndemnItor shan ommedlately notify Lender upon becoming aware of any of the fonowlng 11) Any spli. release 0( dISposal of a Hazardous Substance on any of the Property. or In connecbOn woth any of ItS operatIons If such SPIll, release. or dosposal must be reported to any governmental authonty under applocable Envrronmental Lews . . (2} Any contamlotatlon, Ot Imminent threat of contammabon, of the Property by Hazardous Substances, or any VIOlation of enVironmental Laws In connectron with the Property or the operabons conducted on the ProPeftv (3) Any order. nObce of VIOlatIOn, fme or penalty or other sImIlar aeban by any governmental authority relatong to Hazardous Substances or EnVIronmental Laws and tha Property or the operatIOns conducted on the Property 14) Arri JudiCIal or admlnostrabve Investogatlon· or proceedIng relabng to Hazardous SubStances or environmental Laws and to the Property or the operenona conducted on tha Property (5) Any matters relating to Hazardous Substances or enVIronmental laws that would gIve a reasonably prudent Lender cause to be concerned that the value of Lender's security Intarest In the Property may be reducad or threatenad or that may Impeor, ·or threaten to ompalr, Indemmtor'a ability to perform any of Its oblogatoons under thos Agreement when such performance IS due Access to Records IndemnltlM' shall dahver to Lender. at Lender's requaat,. COplllS of any and all documents lot Indanuutor's possessIon or to wluch It hes access relabn9 to Hazardous SubStances or enVIronmental Lews and tha Property and the operabons conducted.on the Propeny, Including without lomltatlOn results of laboratory analyses, site assessments or studies, envoronmenUII audot reports .snd other consultants' stucbes and reporta InspaCbons ·Lender reserves the nght to Inspect and InYB$bgate the Property end oparabons on It at any time and from 1Ime to tune. and Indemnitor shall cooperata fully WIth Lender on such InspectIon and Invesbgabons If Lender at any 1Ime has reason to bel,eva that Indemnrtor or any Occupants of tha Property are not complying with all applICable EnvoronmemaJ Laws or With the reqUirements of thIS Agreement or that a matellal spIll. ralease or dlspoSllI of Hazardous SubSta"""" has occurred on or under the Property, Lender may reqUire Indemnitor to furnosh Lender at Indemnotor's expense an enVironmental audIt or a sIte asSeasment with respect to the mattars of concem HAZARDOUS SUBSTANCES AGREEMENT (Continued) 20031001001257,003 Page 3 to lender Suel'l audit or assessment sl'lall be perfonned by a quallfled consu/tam approved by Lender Any InspectIons or testa mad" by lend"r .hell be for lender's purposes only and sl'lall not be consvued to create any responslblhty or IlabllJty on the part of lender to any Indemnitor or to any other peIson INDEMNITOR'S WAIVER AND INDEMNIRCATION Indemnitor hereby IndemnllJ8s end holds harmless Lender and lender's officers, d,rectors, employees and agems, end lender's successors end ass'91>3 end thelt offICers, dIrectors, employees and 30ems against any and "all claims, demand$, losses, IlablbtJes, coste and expenses (mcludmg without limitation attomeys' fees at trial and on any appeal" or petition fOl reVlewl Incurred by such peraon lal ariSIng out of or relating to any InvestIgatory or remedIal ectIon mvolvmg the Property, the operations conducted on the Property or any oti'ler operallons of Indemnitor or any Occupant and requlfed by EnYlfonmental Laws or by orders 01 any govemmsmal authorJty haVIng ,unadlCtlOn under any enVIronmental Laws, 01 (bl on accoum of Injury to any person whatsoever or damage to any property anaang out of, 10 conneCtIon with, or In any way relating to (~the breach of any covenam contained In thIS Agreement. 1111 the violatIOn of any EnVIronmental law., 1m, the use, treatment, Itorage, generatton, menufacture. transport. releasa, spdl dIsposal or other handbng 01 Hazardous Substances on the Property. (Iv) the contamlnallon of any of the Property by Hazardous SubstanCll$ by any means whatlOever "ncludlng without ImltallDn any presently eXllllng comammatlon of the Property), or lv, eny costs Incurred by Lender pursuant to thIS Agreement In addmon to tillS mdemnJty, Indamnator hereby releases and Walvea aD present and future claIms against lender for mdemnlty or contribution In the event Indemmtor becomes liable for cleanup or other costs under any EnVlronmentsl Lews PAYMENT FULL RECOURSE TO INDEMNITOR Indemnator Intends thet Lender shall !lave fuD recourse to Indemnitor for Indemnitor's obligations under thIS Agreement as they become due to Lender Such babllltJe8, losses, claims, demages and expenses 81'18U be reimbursable to Lender as Lender's obllgetlons to make paymente with respect theretO are Incurred, without any reqUlfement of waJllng for the ultimate outCome 01 any IllIgatlon, clalm or other proceedIng. and Indemnrtor sl'lall pay such "ability, loases, claims, damages and expenses to lender as so Incurred wrthln thirty (30) days atter wrmen notICe from Lender lender's nottce shall contam a brief I18mlzanon of tl'le amounts Incurred to the "" date of such notICe In addition to any remedy available for failure to pay penodlcally such amoums, such amounts shaD thereafter bear Interest at the loan default rate. or In the absence of a default rate, at the loan Imerest rate SURVIVAL The covenants comalned In thIS Agreement shall surVlVa CAl the repayment of the Indebtedness. (B' any foreclosure, whether Judicial or nonjUdiCial, of the Property, and leI any delivery of a deed m lieu of foreclosure to Lender or any successor of lender The covenams contained In thIS Agreemem "'aU be for the benefit of Lander and any succesSor to Lender, as holder of any secunty mterast In the Property or the Indebtedness secured thereby. or as owner of the Property folloWIng foreclosure or the delntery of a deed m lieu of foreclosure " MISCElLANEOUS PROVISIONS The fonowlng rmsceDaneous proVISIOns are a part of tIllS Agreement Amendments ThIs Agreement, together with any Related Documents, COlI$tltute8 the entire understandmg and agreement of the partJ8S as to tl'lo matters set forth In thIS Agreement No alteration of or emendmem to thIS Agreemem shaD be effective unless gIven JI'l writing and signed by the party or parties sought to be charged or bound by the alterallDn or amendment Attorneys' F •••• Exp...... If lender Institutes any suit or actlOfl to enforce any of the terms of thIS Agreement. Lender shell be entitled to recover such sum as the court may adjudge reasonable as attorneys' lees at trlSl and upon any appeal Whether or not any court acbon IS Involved. and to the extent not prohilllled by law. all reasonable expenses Lender InCurs that In Lender's OPlnoon are necessary at any lime for the protectIOn of Its Interest or the enforcement of lIS rights shall become a pert of the Indebtedness payable on demand and "shall bear Imerest at the Note rate from the data of the expenditure until repi!ld Expenses covered by thiS paragraph II1clude, without IImJtaUon, however subject to any Imlts under applicable law. Lender's attorneys' fees and Lender's legal expenses, whether or not there IS a lawsUIt. IJ'\cludlng attorneys' fees and expenses for bankruptcy proceedings (including eHorts to modIfy or vacate any automatic stay or I",UnctlOn), appeals, and any anticipated post1udgmem colleCtIon services. tha cost 01 searching records, obtaining trtIe reports (Including foreclosure reports,. surveyors' reports, end appraISal fees and trtJe insurance, to the extent parmltted by applicable law IndemnItOr also WID pay any court coste, In additIOn to aU other sums prOVided by law CaptIOn HeadlOUs Capllon l'Ieadlngs In tl'llS Agreement are for convenoence purposes only and are not to be used to Interpret or define the provIsIons of tl'l18 Agreement GavernIRg Law ThiS Agreemant will be governed by. consttu~ end enforced in accordance WJth federal law and the laws of the State of Wastunglon This Agreement has been accepted by L.nder in the Stale of Waahl1gton ClKJoce of Venue If there IS a lawSUIt, Indemrntor agrees upon Lender's request to submit to the Junsdlctlon of the courts of King County. State of Waslungton JOIm and Several lIabllJty All obligations of Indemnitor undar this Agreement 81'1al1 be JOIm and several, and an references to Indemnitor shall mean eacl'l and every Indemnator ThIS means thet •• ch Indemnator slgnang below IS responsible for all obligatIons In tht$ Agreement No Waiver by Lender lender shall not be daemed to have walvad any nghts under thJa Agreement unless aucl'l waiver IS given In wntlng end signed by Lender No delay or OmissIOn on the part of Lender In axerCl8Jng any nght ahan operate as a walV8r of suel'l nght or any other nght A wa""" by Lender of a proVlSlOll of thIS Agreement shan not preJudice or constJtute a waiver of Lender's tight otherwise to demand strict comphance WIth that proVISion or any other prOVISIOn of tl'liS Agreement No pnor waIVer by Lender, nor any course of dealing between Lender and Indemnitor, shaU conslltute a waIVer of any of Lender's nghts or of eny of Indemnrtol's obbgallOn8 08 to any future transactions Whenever the consent of Lender IS reqwred under thJa Agreement. the granting of such consent by Lender In any Instance shaD not constitute commumg consent to subsequem Instances where such conssm IS requored and In all cases such consent may be granted or withheld In the sole dISCreuon of Lender Indemnitor hereby waIves nobce of acce~ of thiS Agreemsm by Lender NotICeS Subject to applICable law. and except for" nollCe reqwred or allowed by law to be gMlfl 111 another mannar, any notoce req .. red to be gIVen under tl'liS Agreement shan be gMIII In wntJng, and shall be effectrve when actually delIVered, when actually recelV8d by telefacslmlle (unless otherwise required by law), when deposoted with a nationally recognIZed ovemlght couner. or, If mailed, when deposrted In the Urnted States mad, as fItS! class, certified or registered mad postage prepaid, dltected to the eddresses shown near the baglMlng of ttua Agreement Any party may chenge lIS address for nottces under this Agreernem by IIJVIf'9 formal wntten nollce to the other parties, speClfyang that the purpose of the notice IS to cl'lenge the perty'. address For notice purposes, Indemnitor agrees to keep Lender Informed et aI/times of Indemnitor's current address Subject to applicable law. and eleCept for nottce reqUired or allowed by law to be given In another manner, If there IS more than one Indemnitor, any notice given by lender to any Indemnitor .. deemed to be notice glV8tl to all IndemMore S.vereblhty If a court 01 competent JUrosdIctlOn fmds any provISIon of thJS Agreement to be Illegal, Jrl\IIJbd, or unenforceable as to any cllcumstanca, that finding 81'1all not make the offending prOVISion dlegal, Invalid, or unenforceable as to any other Clfcumstance If feaSIble, tl'le offendIng prOVISion shall be conSidered modified so 20031001001257.005 HAZARDOUS SUBSTANCES AGREEMENT (Continued) Page 5 INDIVIDUAL ACKNOWLEDGMENT STATE OF W",Iu'tl(/kn _---... ,""\\ I, , U -~1S \\\ fj ;,0.......... 'atSS , ,. ~-r.. -... COUNTY, OF:) , f 4' '"i:6~ 00'" I', , :.1!fo '£ ~\\ ~ , , ,,:l,ur '~_'~"I. ' On ltue day before me.lhe undenllgned NOfAl~l¥"1C e~ ~D~ LBGH R HENKE. personally known to me or' proved to me on the baars of satisfactory ~me to be Itl ~ Bescnbsd on and who executed the Hazardous Substances Agreement. and acknowledged fi. lit ~.~ s'II' ~. -<l9reement as Ius or her free and voluntary act and deed, for the uses and pUrposes thereon ntloneiPttJcr;:;~.·· ;' , i! ....... r.?> -~ • .n1:. I. Grven Under my hand enci offiClaI.eal thIS '1..0 ~""'I :£ey of ~ • 20~ <""", __ c Resldlll8 at ~~ My comnuos'on axpII'es r (, . oS INDIVIDUAL ACKNOWLEDGMENT _ ........ ,"'"" STATE OF WruA:",A,. --\\, I -"1L..tW.J!!:!!!J.F~!:.a.-_~-=--........ P~" "'c;, .' OM ".-11'., . ;,» .. , c 4t/~ ••• ~"ISS COUNTY OF ;'... ~ ~.~ m~1 ' ~ O:CIJ \~ %i ~ I. .1.1 1[, mi ~ On this day before me. theundenllgnad f\ltfCaa' ~ e~ Sf~red SLEEN' HENKE. personally known to me or proved to me on the basi. of satlsfacto~ e..v. ilte be ~lt'dlVijO.1 descnbed In and who executed 1he Hazardous Subslances AlJI8ement. and acknowledg~1 • lit, or s".lIfgned~e Agreement as hiS or her free and voluntary act and deed, for the uses andputposes therBIn ~"1b .:' ' , GIVen under my hand and official oeal th'" '~o.:..-----dey of ~ • 20 ~ ;-zt1Ad k~ Rnuia1g at jhll~yr..<. Notary Public m and for the S1lite Of.1JlfJ My comnusalon .xpll'.. 5:" &. oS INDIVIDUAL ACKNOWLEDGMENT STATE OF h/d(h, ry-kn .r---rAUL"",~ I/..' .: ....... /r~.~qs COUNTY OF ci't}' .:-... ~\SS/q~ • .:~I" . ! {CHOr.. ~\ ~ ~ • I ...... ~'-_. l! On thIS day before me. 1he underSIgned Notap-~""lcS'~1if"' -"reJ WilliAM H BAKER, personally known to me or proved to me on 1he basiS of S8l1Sfal;Jo ~VI e ' beilj I"",,!dual dascnbed Itl and who executed the Hazard0U8 Substences Agreement. and acknd e~~etoth8t or ~e ")lned the Agreement as Ius or her free and voluntary act and deed, for the usea and purpo •• 1iie~~I10~ ~ GIVen under my hand end offiClaI ... 1 th.. 'g~, '-' · .. ·:~of s../~ , 20 iJ3 ;;-,4..e '¥::2 "'''------M TAU .. """ Notary ~bbc Itl .. d for ~ of..lJlz1 My comml_ IIJIpII'N tS:,.~ . . • 20031001001257.006 HAZARDOUS SUBSTANCES AGREEMENT (Continued) INDIVIDUAL ACKNOWLEDGMENT hit. It, --":":""" STATE OF 'ttf4t~/Il .:~~~~~ \'\ . : '.,' ...• -s .'~ I J/'. , .:f'. ,~ .', Page 6 COUNTY OF f'..I 0 121 :'J} "'~ ."0\ ~ . ~ : ~./ ~;: ~ . ~ ~ ~ t),... .,0' ie: ~ . On this day before me, die underSIgned Notary PuGlIC, ~~'Ie"~i!~ I1D.ta'O.Y BAZE, peroonaDy known to me Or proved to me on the baSIS of satisfactory eVIdence Itp be~... M !~ In and who executed the Hazardous Substances Agreement, and acknowledged that he ~'\She til ..... .~r'e'e~nt as 'llS or her free and voluntary act and deed, for the uses and purposesdleraln mentJoned~\\ A1~'.!)r..; ~ GIVen under my hand and offlCla' seal thIS :3 () \'", .. : ... ~1ii ~~ ,20 ~.:J ;--~. Residing at /leikVM N~an:.or: Stata of ~ My commISsIOn axpa-es £6-' oS- LENDER ACKNOWLEDGMENT 156 I . " ... . ~ ~ C., o L, .. , :..: I-... " ;-I-... -' -.( 'J t.· .:~ ;- ~ .... '" . Q V, . ( .) ~ ..... . J • v '1' /If' ,. :; ... ... ..' .. ::' .. , . . ~ , .. .. , .. , .. '" ., ,., ,., , .. , .. , '.' ,., ~~ • • . , . • -. BCORDING REQUESTED BY AND WHEN ltEcORDED RETURN TO : Alston, Courtnage, MacAulay Ii Proctor 1000 Second Avenue, Suite 3900 Seattle, washington 98104-1054 Attention: Robert C. HacAulDY RECIPROCAL lWIBHIW'r AORBBHlWT WITH COVBImlr.l'8, COBDI'l'IOIl8 Nil) RE8TUC'l'ZON8 BBTWEEN BCIOI. REAL'n CORP. POWBLL-ORILLtA ABBOCInTBS T REQUF.5l' OF F11.EO FOR REC~.I~\NSUR.\i-;CECO. DI\lI.!sI\MERlCA .14' 'E TN'" 320 1081h Ave. N' ~ Po o. BOX 1493 J L-. BcUu1UC, \VA 9B009 NTPLANN\NG DEVtg-~~~ RENTON FEB 2 32Q\}It RECE\VED ~====------l"'-----~~----"'-""-........ """-'- ·f ". - N I:-0 w l" j N " 0 .::> M .. , 00' , W .,. 0 ;.:: '0. N ,.1 en ~ :- :J "l. .J '. .. ' ;- 0 too i ... I :> c I ,'1 -I .-j 1 '\' IIBCITALS A. B. C. D. E. o • RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS lIND RESTRICTIONS 'l'l\BLI! or CO!!TE---Em ARTICLE 1 -DEFINITION OF EXCLUSIVE BUILDING hREA AND COHHON AREA. • • • • • •.••••••• 1.1 Exclusiye Building Area • 1.2 ,omman Area . . • • • • • • • • • 1.3 ~onyersion to Common Area ARTICLE Z -USB • • • • • • • • 2.1 Prohibited Use§ ••• 2.2 Further Restrictions 2.3 Permitted Uses AR'l':tCLE 3 3.1 3.2 3.3 ARTICLE • 4.1 4.2 4.3 4.4 4.5 4.6 4.7 -BUILDINGS • • Location Fire protection • Damage or oestruction -COKMON AREA 08B • Grant of Easements Use • • • • • ••••• ~ .... (a) No BarrierD • • • • (b) staging for Construction Linitations on Use (a) customers (b) Employees (e) General..... (d) No Use Fee • • • • ytility and Service Easements ~ . . ....... . outside Mercbandis~ • • • MTICLE 5 -COKMOH AREA DBVELOPHBHT 5.1 Development Timing. -1- 1 1 1 1 1 1 2 2 2 2 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 8 9 9 t; .. " I -.::-:::1 t:-,:; '.' , ;j " v N L' ... e ;; l' N ". e ., ,... ~ :-c.o .. , 0 ...J .. :; N '.1 al 'I! ;- 0 0- W ~ 0 til .,- \ " o • DTl:CLB Ci -CONHON l\REA HAIlfTBlfAHCB •• 6.1 Maintenance Standards •• 6.2 Maintenance by Agent ARTICLE 7 -IHDBHHIFICATION, INSURANCE 7.1 Owner's Indemnification .•• 7.2 Insurance. • • • • • • ." ~ • ARTXCLB 8 -1lEAL'lY TJ\XESAJfD ASSESSMENTS 8.1 Real Estate Taxes and Assessments AR'l'ICLB II 9.1 9.2 9.3 -EJlINBNT DOMaIN owner's Right to Award Collateral Claims • • • • • • Restoration of COmmon Areas .' . ARTl:CLB 10 -CANCELLATION, NODXPICATION, DURATION • 10.1 cancel19tion or Modification •••• 10.2 Duration .••••••••••••. _ • ARTICLE 11 -RELEASE FROH LIABl:LITY 11.1 Release from Liability . . . . .. . . . .. ARTXCLB 12 -DEPAULT ••• •• 12. 1 Default • • • • • • • 12.2 Remedies for Default 12.3 Attorneys' Fee§ 12.4 Governing LaW ARTXCLB 13 -HOTICBS 13.1 Notices • • ARTl:CLB 14 -LENDBR PROTBCTION 14.1 Hender Protection .• ARTXCLB 15 -GENERAL PROVISIONS • 15.1 No Covenant to Operate •••••• . . .... .' . 9 9 10 10 10 10 11 11 11 11 11 12 12 12 12 12 12 12 12 12 14 14 14 14 15 15 15 15 15.2 Running of Benefits and Servitudes. Rights of Successors ••••••••• 15.3 Not a Public Dedication • •• 15.4 Document Execution and Change IS.5 ~int Venture • • • • 15.6 Reasonableness of Consent 15.7 ~ • • • • • ••• 15.8 counterparts -15.9 No Consents 15.10 Wetlands • 15.11 !Qt....1 175"005 :6/1 1I92:D'J516 -ii- 15 15 16 16 16 16 16 17 17 17 HellA'AlIr .nol • , . I:'! · . ',' · . · , '.:. " f I ! , J I t:-~ ~ " .:> 1.1 .. , ~!.; I-, "-" ,-!- o I-.... :J o ", ,- i,' \ N o ~ N o M tD o N al G • RECIPROCAL EASEMENT AGREEMENT WI1K COVENANTS, CONDITIONS AND RESTRICTIONS - This Reciprocal Easement Aqree~ent with Covenants, conditions and Restrictions ("AgreelOent") is made this 30th day of June, 1992, between DeliA Realty corp., a Washington corporation ("HC") and Povull-0ri11ia Associntes, a Washington general partnership ("Powell").' RECITALS: A. HC property. HC is the fee owner of Lots 2 and 3 as legally described on Exhibit A to this Agreement ("HC property") and as shown on the site plan attached hereto as Exhibit B ("Site Plan"). Such Lots may be referred to in this Agree~ent separately as "Lot 2" and "Lot 3". B. PowelljProperty. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on Exhibit C to this Agreement ("Powell Property") and as shown on the site Plan attached hereto as Exhibit B. Such lots lOay be referred to in this Agreement separately as "Lot I", "Lot 4", "Lot 6n and "Lot 7". The reference in this Agreement to any "lot" in the Shopping center shall refer to each of Lots 1, 2, 3, 4, 6 and 7. c. Shopping Center. The He Property and the Powell Property shall be referred to collectively as the "Shopping Center" in this Agreement. D.. Q!!l.ng. The term "Owner" as used herein shall mean and refer to each person or entity which holds fee title to any portion of the Shopping Center and any successor of such person or entity acquiring said fee title fr.om such person or entity. The term "owner", unless otherwise pz:ovided in this Agreement, shall not include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping Center. E. Purpose. HC and Powell desire that the He Property and the Powell Property be developed Gubject to the easements and the covenants, conditions and restrictions set forth in this Agreement. AGREEMENT, In consideration that the following encumbrances shall be binding upon the parties hereto and shall attach to and run with the. HC' PropeLty and the Powell Property, and shall be for the benefit of and shall be limitations upon all futUre Owners of the HCProperty and the Powell Property and that all easements herein set forth shall be appurtenant to the dominant estates, and in consideration of the promises, covenants, conditions, restrictions, -1- 17541005 .6117/92 .DIIS 16 - I .. ". i t:-i;; .... :.j .. .:J !.\ ',I ~ '" ,1 :-:-,,' • J ".:, "I 0 t- W :::J Q "' " ( \ . ' N o ~ N 0 CO) CD 0 N (1) o • easements and encumbrances contained herein, HC and Powell do hereby agree as follows: TBRMS ARTICLE 1 -DBFINITIOH OF EXCLUSIVE BUILDING AREA AND COKMON AREA 1.1 Exclusiye BuUding Area. "Exclusive Building Area 11 as used herein shall mean those portions of the HC Property and the Powell Property devoted from time to time to building improvements (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in depth), as the same may change from time to time as provided in this Agreement. "Building Service Areas" as used herein sball mean truck docks, compactor pads, utilities pads, pallet storage areas and receiVing areas and similar service areas and facilities constrUcted solely for the use of the building located within the Exclusive Building Area. 1.2 Common Area. "Common Area" shall be all of the, Shopping center except the Exclusive Building Area, Building Service Areas, and ~utdoor sales areas (as described and permitted in Section 4.7 of this Agreement) as the same may change from time to time as provided in this Agreement. 1.3 conyers ion to Common Arei. Subject to the rights of Owner& under this Agreement, those portions of the Exclusive Building Area and Building service Areas on the HC Property and the Powell Property which are not from time to time used or cannot under the terms of this Agreement be used for buildings shall become part of the Common Area for the uses permitted hereunder. An area converted to Common Area may be converted back to Exclusive Building Area by its development as Exclusive Huilding Area, if, at the time of conversion back to Exclusive Building Area, it does not violate any of the terms of this Agreement • ARTICLE 2 -USB 2.1 Prohibited Uses. The Owners recognize tbeir respective customers' need for adequate parking facilities in close proKimity to their premises and the importance of protecting such parking facilities against unreasonable or undue encroachment whicb is likely to result from long term parking by patrons or employees of certain types of businesEI establishments. As a consequence thereof, the Owners covenant and agree that no part of the Powell Property shall be devoted to the use or operation of a mortuary, theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, pool or billiard hall, betting parlor, bingo parlor or health club, and no part of the Shopping center shall be devoted to the use or operation of a -2- 175,/005 :6/17/92:DllSI6 -'-~--.----~------""""""-=---------- , i I 1 ·1 ':: N i;:; 0 ij l'-I' N .:> i I.' 0 ,,' C"l ... .; CD t- It. 0 ,~ N ,-a) ,-,., ..J .:. '.' ", ;- 0 t- !oJ ::> 0 I'" ;- , \ ., o - pornographic shcp, adult book store, nightclub,· or dance hall, or a tavern, cocktail lounge or any facility for the on-premises consumption of alcoholic beverages except as an incidental part of the operation of a restaurant or other food~related establishment. Each owner agrees to maintain on its own property parking of five stalls for eacb 1,000 square feet of Floor Area on such Owner's property, or the number of parking spaces required by applicable law, whichever is greater. "Floor Area" as used herein shall mean the total number of square feet of floor area in the building, except that Floor Area of outside sales areas and of mezzanines and basements not open to customers and incidental to ground floor retail operations sball not be counted. The Floor Area of ilny building sl,all be measured from the outside face of all exterior walls and the center line of party or common walls. During any period of.rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediately prior to that period. . 2 .2 Further Restrictions. Except for the He Property, no building of any size on Lot 1, and no bUilding on Lots 4, 6 and 7 which has less tban twenty thousand (20,000) square feet of Floor Area, or any portion of a building which has been segregated for a particular user ana whicb contains less than twenty tbousand (20,000) square feet of Floor Area, shall be used for the purpose of selling home i=provement items, including without limitation lumber, hardware items, decor, fasbion electrics, fashion plumbing, floor coverings, millwork. window coverings, plumbing supplies, electrical supplies, paint, wallpaper, siding, ceiling fans, gardening supplies and patio furniture;· provided that the restrictions in this section 2.2 shall not apply to sales of such items where such sales are. incidental to other nonprobiblted uses and the gross receipts to the user from such prohibited uses, individually or in the aggregate, do not exceed ten percent (lot) of the total gross receipts for all sales by such user on an annual basis. Each user's sales shall be calculated separately. Notwithstanding the foregoing, the restrictions in this Section 2.2 shall not apply to (a) the following users: Best; Smith's Home FUrnishings; Krause's; Office Club: Office Der-ot; Petsmart: Pacific· Linen; Circuit city; FutUre Shop: Magnolia Hi-Fi: Pier 1, or (b) to any other user which sells a product mix substantially similar to the product mix sold by any of the foregoin9 listed entities as of the date of this Agreement. 2.3 Permitted Uses. Subject to the teI'IDs of this Agreement, typical shopping Center retail, office and service uses shall be permitted, including without limitation fast food restaurants (with drive-through windows) and banks or otiler finanCial institutions (with drive-through lanes). 1754/005:6/17/9Z:0IIS16 HCIIA-lIgr,nel '. =1 ~; :1 " l~ ., ,~ \' ji r. ·1 ,. !: 8 ;j f.l .:) " '" ~ . ..: 0- ". ,) ,.. :-" ..J .:; .) <. ':; ;-~ 0 0-.... ::> 0 ," ;- ! , \ N 0 ~ N 0 M CD 0 N a) MT%CLB ·3 -BUILDINGS 3.1 Location. Notwithstanding the general deplction cn the site Plan attached as Exhibit 8 of building areas on some of the lots in the Shopping Center, no OWner shall have Bny restrictions under this Agreement on where a building may be located on an owner's property or where common Area shall be, except for the following: (a) Any building on Lot 7 may only be located within that portion of Lot 7 which is crosshatched and designated "Lot 7 Building Area" on the site Plan attached as Exhibit B. (b) Any building cn Lot 3 must be more than twenty (20) feet from the north property lines of Lots 4 and 6 and twenty .(20) feet from the east property line of Lot 4. ec) Any building on loots 4 or 6 of the Powell Property must be at least twenty (20) feet from the north property lines of Lots 4 .and 6 and twenty (20) feet from the east p~operty line of Lot 4. (d) The first buildings constructed tor long-term use on each of Lots 2 and 3 must be located substantially to the west of the north-south drive aisle line deaignated as "Initial Building Area" on the site Plan attached as rumibit B. He and Powell agree that after the first such buildings are so constructed, any replacement buildings or expansion of existing buildings may be located anywhere on such loots 2 and J so long as· such buildings otherwise comply with any restrictions set forth in this Agreement. (e) Any building on Lot 1 must be located on the northerly half of Lot 1. (f) All improvements in the Shopping Center must comply with applicable governmental requirements. (g) The curb cuts and access areas on the north property lines of Lots 4 and 6 and the east property line of ·r.ot 4 as drawn on the Site Plan attached as Exhibit B cannot be relocated, diminished or impaired. eh) No change can be made to the access driveway along the north property line of Lot 2 or the access driveway between Lots 4 and 6, all as drawn on the Site Plan attached as Exhibit B. (i) HC shall at all times provide reasonable access from tho driveway marked as "Access Driveway" at the north of loot 2 to the access· driveway between Lots 4 and 6 also marked "Access Driveway" as shown on the Site Plan attached as Exhibits and genera~ly in a north-south direction, provided such general north- -4- 17!;4JOOS:6J 17/112:011516 -= .:======= .; .; , . I ~ > . i '1-.:..:, I.~ ;..> . " "0 .. , '"~ ~ l- II. .) ,.. 1- j ~;; ", ;- 0 I- IJ ::> 0 ", ,- . I • I N 0 l" N 0 M tD 0 N a') o • south aCcess may be reasonably located upon any portion of the He Property. 3.2 Fire Protection. Any building constructed on the Shopping Center with a gross building area, includinq mezzanines and basements, of twenty thousand square feet (20,000) or more, must be constructed with an automatic sprinkler system for fire protection. All other, buildings in the Shopping center must be constructed, maintained and' used in a manner which will preserve the sprinklered insurance rate obtained on, any building required to have an automatic sprinkler system. 3.3 Damage or' pestructiQll. In the event of any damaqe to or destruction of any bUilding in the Shopping Center, the owner of the parcel upon which such building is located, at its election, at its sole cost and risk and with all due diligence, shall either (i) restore or replace such building, subject to the provisions of this Agreement, or (ii) raze and remove all parts of said damaged or destroyed bUilding then remaining and the debris resulting therefrom and otherwise clean and restore the Exclusive Building Area affected by such casual~y to a level and clean condition; provlded that all parking and access on such parcel shall be restored to its pre-casualty condition. ARTICLE .. -COJOlOH AREA USB 4.1 Grant of Easements. Each Owner, as grantor, hereby grants solely to the other owners only for the benefit of said other Owners and their respective tenants, and such owners' and tenants' customers, invitees and employees, a nonexclusive easement for roadways, walkways, 'ingress and egress, access, the parking of motor vehicles and use of facilities installed for the comfort and convenience of customers, invitees and employees on the Common Area of the He Property and the Powell Property, as more particularly located and described on the attached site Plan, as the same may chanqe from time to time. The foregoing grant of easement is not effective as to any lot which is part of the Shopping Center until construction is commenced on such lot. 4 .2 !!§!l.. Subj ect to existing easements of record and the terms of this Agreement, the Common Area sball be used for roadways, walkWays, ingress and egress, access, parking of motor vehicles, loading and unloading of commercial and other delivery vehicles, for driveway purposes, and for the comfort and convenience of customers, invitees and employees of all businesses and occupants of the buildings constructed on the Exclusive Building Area. No long-term parking, park-and-ride, or storage of motor vehicles is permitted. -5- ln4/005:6/1T/9Z:016\6 HC\IA·A;r .nel I .\ I .: :~ I; ., " ,. ,F , { i I I I . I " N ~ 0 l'-~, N ;;l 0 <I .:> M <., CD ~:~ 0 t-= N to. C1'l ,J >-:- -' -:. .J ,. I:~ ;- 0 t- bI :J 0 <II ;- .f o o • 4.3 ~. . (a) No Barriers. No walls, fences, or barriers of any kind shall be constructed or maintained on the COl1lJllon Area, or any portion thereof, by any party which shall prevent or impair the use or exercise of any of the aasements granted herein, or the froe ACCesS and movement, includingvithout limitation, pedestrian and vehicular traffic between the HC Property and the Powell Property; provided, however, reasonable traffic controls, as lIIay be necessary to guide and control the orderly flow of traffic, may be instlllled so long as access driveways to the parking areas in the Common Area are not closed or blocked. 'l'be only excaption to this provision shall be (1) for changes to the Exclusive Building Area and COlllJllon Area permitted by this Agreement, and (11) for incidental encroach- mentsby an owner upon the Common Area of an owner's property, or as provided in this Agreement, which may occur asa result of the use of the ladders, scaffolding, storefront barricades and similar facilities resulting in temporary obstruction of the Common Area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of construction work being expeditiously pursued by an owner on its property, or as provided in this Agreement. (b) st!lging for construction. Powell agrees that HC may temporarily use Lot 1 for HC's staging during the initial construction of the building on Lot 2. HC agrees that Powell may temporarily use that portion of Lot 3 to the east of Lot " as crosshatched Bnd designated as "Powell staging Area" on the site Plan attached as Exhibit B during the initial construction of the building on Lot 4 and the building on.Lot 6. He lIIay relocate the staging area for Lots 4 or 6 of the Powell Property to a reasonable alternate location so long as such staging area is of substantially the same size and is not significantly more inconvenient to Powell than where the staging area was previously located. Any party using a staging area (1) shall not obstruct any access lanes on the Common Area; (ii) shall keep the staging area in a neat and clean condition during its use: (ili) shall leave the staging area in a neat and clean condition at the end of its use; (iv) shall use the staging area onl.y for the minimum amount of time necessary for construction: and (v) shall quit claim to the other party the benefitted party's rights under this section 4.3(b) when the construction is completed on the property for which the staging area is provided. 4.4 Limitations on Use. (a) customers. customers and invitees shall not be permitted to park on the Common Area except While shopping or transacting business in the Shopping Center. -6- 175,,005,6117/92.CI/S16 Mt\IA-Ag •• nol .. I !:' i;j S '.' a c., ." . .= ". , , >-I-.. , J .. : .J . ~1 ;- 0 I- W :> Q " '" .- ( .~. I \ . N 0 l" N 0 M to 0 N t1'l • o • (b) Employees. Employees shall not be permitted to park on the Common Area, except in the Common Area on an Owner'a property where the owner has designated such as "employee parkin~". The Owners from time to time may mutually desi~ate and approve "employee parking areas", however, if they do not, each owner may formally or informally designate -employee parkin~ areas" on its own parcel for use by such ownor's omployees or the employees of such owner's tenants.· Notwithstanding the foregoing, no employee parking for the HC Property shall be permitted in the area· which represents qenerally the row of parkin~ immediately adjacent to the north property lines of Lots 4 and 6 or in the area which repre- sents generally the first four spaces of the six rows of parking immediately adj acent to tho east property line of Lot 4, all crosshatched and designated as "No He Employee Par!tin~n on the Site Plan attached as Exhibit B. (c) General. All of the uses permitted within the Common Area shall be used with reason and judgment so as not to interfere with the primary purpose of the COllllDon Area vhich is to provide for parking for the ,customers, invitees and employees of those businesses conducted within the Exclusive Building Area and for the servicing and supplying of such businesses. PUblic telephones are permitted within the Common Area. . (d) I~o Use Fee. Persons using the Common Area in accordance wi th this Agreement shall not be charged any fee for such Uf?e without the written consent of the Owners unless such fee shall be ordered by a governmental authority. If a governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of parkinq spaces within the Shopping Center or any other similar fee or charge, then the Owners by mutual agreement shall use their best efforts to institute a uniform fee collection parking system for the Shopping Center. 4.5 Utility and Service Easemgnts. The OWllers shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services in the locations generally as set forth in the plans attached hereto as Exhibit p necessary for the orderly development and operation of the Common Area and buildings to be erected upon the Exclusive Building Area. The Owners will use their best efforts to cause the installation of such utility and service lines prior to any paving of the Common Area. Any Owner may relocate, at such O~mer' s sole cost and expense, such utility and service lines so long as there is ainimal interruption in service to any other property in the Shopping center and there is the same or better utility service to the other property in the Shopping Center after the relocation. 4.6 Signs. Except for directional signs for guidance upon the Common Area, no si9ns shall be located on the Common Area on the HC Property or the Powell Property except siqns advertising lIusinesses -7- 17S'/OO5 :6/17(9Z:D1I516 i ! 'i , .,. " ., .•.. ,. ., .... ... .~. '. ': ·,.i ;'i ,'. :.: I. f' I I I I H .. 1 .. . I ''77. '.: " . • J o I-.., ::> c '" I' . \ . N o t' N o M CD o N en • o • conducted therecn. No signs sball obstruct the access, ingress and egress points shown on the Site Plan, as the same may be changed from time to time only in accordance with tbe terms of this Agreement. All signs shall comply with any governmental regula-tions. Any pylon sign on the Shopping Center must be of a quality comparable to pylon signs typically used by national retail . tenants. . One sign may be located on each of Lots 2 and 3 in the locations designated on the attached Site Plan, as the 8i9'n locations may be changed from time to time by the Owner of the lot upon which such sign is located. The owner of the He Property shall be responsible for the cost and maintenance of any sign on the HC Property. Lots 1, 4 .... nd 6 may each have a sign in the locations designated on the Site Plan attached as Exhibit B, aD the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located, and the Owner of the property upon which the siqn is located shall be ·responsible for the cost and maintenance of such sign. One sign may be located on Lot 7 in the location designated on the attached site Plan, which sign shall be constructed by HC. Such sign shall be divided into three equal blocks, one on top of the other. Powell agrees that HC may desiqnate the users for the top two blocks of the sign (which users must have businesses conducted on Lots 2 or 3). Powell may designate the user for the bottom block of the sign, which user must be a business conducted on Lot 7. IiC shall pay two-thirds of the construction c.ost and maintenance for such sign on Lot 7. Powell shall pay one-third of the construction cost arid maintenance of such sign. A party's share of the construction cost for the sign shall not be due, and sucb party's obligation to pay maintenance costs for the sign shall not commence until that party actually uses the allocated space on the siqn. . Except for HC's use of the sign on Lot 7 as described in this Section 4.6, no OWner of any of the lots in the Shopping Center shall have the right .to use any sign on any other lot in the Shopping center, except with the consent of the Owner of such other lot, which consent may be withheld in such Owner's sale discretion • 4.7 outside Merchandising. Except as provided in this Agreement, the selling, displaying or merchandising of goods shall not be conducted upon the Common Area. Each Owner or OWner's tenants may use the aidewalk immediately adjacent to the Exclusive Building Area on such Owner's property to the extent allowed by law for the placement of shopping carts and for the display of merchandise being sold from the building on such property and for the sale of food and nonalcoholic beverages from outdoor vending carts, -8- 175~/OOS;6/17/9Z,0II516 -~-. .,,=-.====-------....... ---------- i i I i I ! :i I I -. !:" N w 0 ~ l' '-' N 0 L' Q ~:! M ...: to I •. 0 '.' N ,.. CTl :- -' .. ;: ., '. f~J ,- 0 t-.., ::I 0 "' ;- I \' . ' o o • providea the pedestrian use of the sidewalk. shall not be unreasonably impeded by any such use. Notwithstanding the foregoinq and so 10n9 as not prohibited by applicable law, any Owner shall have the right to conduct occasional sales or may sell Christmas trees within the Common Area located upon such Owner's parcel, provided that such activities shall not be conducted within fifty (50) feet of the property line of any property oWned by any owner without the consent of such owner, which consent may be withheld in such OWner's sole discretion, and such activities shall not interfere with .the ingress and e9ress and traffic flow/drive areas of the Common Area as the s~e may change from time to time. AR'.r:tCLB 5 -COMMON AREJ\ DBVELOPHBB'l' 5.1 . peyelopment TlJning. Wben any building is constructed on a parcel, the Common Area on that parcel shall be developed at the expense.of the Owner of said parcel. ARTXCLE , -COKKOH AREA MAINTENANCE 6.1 Ma intenanc'l! Standards. Following completion of the Common ~rea improvemonts on an Owner's property, that owner, at its Bole cost and expense, shall maintain the Common Area on its parcel in first class condition and repair and in compliance with all applicable laws. Without limiting the generality of the foregoing, the maintenance shall include the following: (i) Maintaining and repairing the surfaces in 11 level, smooth and evenly covered condition with the type of surfacing material and striping originally installed or such substitute therefor as shall in all respects be equal in quality, use and durability; (ii) Removing all papers, debris, filth and refuse and washing or thoroughly sweeping the area to the extent reasonably necessary to keep the area in a neat, clean and orderly condition, and free of snow and ice; (iii) Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (iv) operating, keeping in repair and replacing when necessary, such artificial lighting facilities as shall be reasonably required; (v) Maintaining any perimeter walls in a good condition and state of repair: and (vi) Maintaining all landscaped areas replacement of shrubs and other necessary . -9- 175'/005:6117192:011516 and making such l~ndscapinq as is RtIIA-Agr.ncl . .:. ,I .,~ :! I t-: N i.i 0 :.: l' ~ u N .:> 0., I 0 ,., M ;:: CoD ". 0 .) N l-al, 1-. ,., -' .:: 'J r '" ;- 0 I- w ::> c "' -I ,-, : i I ~. t , . , • o • (;.2 Haintenance b\' Agent. subject to the revocable mutual agreement of the owners, a third party may be appointed as an agent of the OWners to maintain the COlDlllon Area in the manner as outlined in section 6.1. said third party may receive a fee for such agency which fee is mutually acceptable to the owners to cover sup'ervision, management, accounting and similar services and which fee is to be allocated among the owners based on their mutual agreement. U'l'ICLB 7 -DmBJDlD'XCA'fIOlf, I1i8trlUUfCB 7.1 owner's Indemnification. Each owner ("Indemnifying owner") hereby agrees to defend, indemnify and hold harmless the other Owners and other Owner's tenants from and against all demands, claims, causes of action or jUdCJlllents, and all expenses and reasonable attorneys' fees incurred in investigating or resisting the same, for bodily injurY to person, loss of life or damage to property (i) occurring on the Indemnifying Owner's parcel, except to the extent caused by tbe negligence or willful act or omission in whole or in part of any other owner or the tenants of such other' Owner or the employees, contractors or agents of such other Owner or tenants, or (ii) occurring on another owner's parcel if caused by the negligence, willful act or omission of the Indemnifying Owner or the tenants of the'· I:ndemnifying OWner or the employees, contractors or agents of such Indemnifying owner or tenants. To the extent the Indemnifying Owner is liable with another person or entity for any demand, claim, >couse of action or jud9lllent, the foregoing indemnity sball only apply to the Indemnifying Owner's portion thereof. 7.2 Insurance. Each Owner shall obtain and maintain comprehensive general liability insurance during the term of this Agreement. The limits of liability of such insurance shall be not less than TWo Million Dollars ($2,000,000.00) combined single ,limit coverage for injury to person, loss of life and damage to property arising out of any single occurrence. Tbe dollar limit set forth above shall be increased on the. commencement of the sixth (6th) year after the date of this Agreement and at five (5) year intervals thereafter by agreement of the Owners who shall mutually agree by using COlDlllercially reasonable limits with reference to the limits of insurance for similar shopping centers in King county, Washington. He may ·self insure for its obligations under this Section 7.2 provided that it maintains a net worth of at least $75,000,000 at all times during such self-insurance and provides any other Owner with satisfactory evidence of such net worth within ten (10) calendar days of such owner's written request therefor. upon request, each Owner shall provide the other Owners with Ii copy of a certificate of insurance evidencing such insurance. All owners shall name each other as additional insureds on their respective policies (including during any period of construction) and &hall obtain contractual liability insurance for their indemnification -10- 8evA-As' .net I " ~ it ~ V j I ... I N 1:-0 8 r- :j N " 0 v M !.l ',I toO ',; 0 l-N 00. ,) C) ,.. .-,., _I -:~ o. I.~ .- 0 ,... '" ::> Q III ,- ~ e o .. obligations under this Agreement. No policies may be canceled without thirty (30) days notice to the other owners, subject to any lesser period of time or other agreement by applicable insurance companies. ARTICLE 8 -RBALTY 1'AXBB J\BD ASSBSWlEN'1S 8.1 Real Estate Taxes and Assessments. It is intended that all real estate taxes and assessments relating to any portion of the Shopping center or improvements thereon,· or the ownership thereof, shall be paid prior to delinquency by the respective owners thereof, including without limitation those taxes and assessments which aro levied against that part of the Common Area owned by each own.er. In the event any Owner fails at any time to pay before delinquency its taxes or assessments on any portion of its parcel or parcels, and which may become a lien on any of the Common Area, then except while the validity thereof is being contested by judicial or administrative proceedings, any other owner may pay such taxes and/or assessments together with interest, penalties and cost, and in any such event the defaulting·Owner obligated to pay such taxes and/or assessments shall promptly reimburse such other owner for all such taxes and/or assessments, interest, penalties, and cost and other charges and until such reimbursement has been made the amount thereof shall constitute a lien and charge on the defaulting Owner's parcel, subject and subordinate, however, to any bona fide mortgage o~ deed of trust ~ade in good faith and for value then outstanding against said. parcel. If allowed by the assessing agency, assessments may be paid in installments for tho longest period permitted so long as no delinquency occurs. ARTICLB ·9 -EMINENT DOKAlH 9.1 Owner's Right to Award. Nothing herein shall be construed to give any Owner any interest in any award or payments made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's parcel or construed to give the public or any government any rights in the Shopping Center. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Area, the award attributable to the land and improvements of such portion of the Common Area shall be payable only to the Owner in fee thereof and no claims thereon shall be made by the Owners of any other portion of the Collllllon Area. 9.2 Collateral Claims. All other Owners of the Common Araa may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another Owner. -11- 1754/oo5:6/17/9Z:0II516 rtI/A·Agr .no' .. • ! I I ., '. ~: ~ I '" N ~ 0 .:; l'" ~. N <, 0 '" I C") I,' ", j CD :.t.: 0 l- tt, N ,~ C7') :-:-. t-. -! "='j '. II! ;- 0 I- w ::J '0 '" ;- , , \ o o • 9.3 Restoration of Common Areas. Tbe Owner of the fee of eacb portion of tbe Common Area so condemned sball promptly repair and restore the remain iog portion of the Common Area owned by it as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer without contribution from any otbar owner. aRi'ICLE 10 -CAHCBLLATION. HOD:tPlCATION, DtnU\TIO!1 10.1 Cancellation or Modification. This Agreement may be cancelled or modified only by the written agreement of all owners of the Shopping center, which cancellation or modification agreement shall be recorded in the office of the County Recorder of the county in which the Shopping Center is located. No Owner shall unreasonably witJlhold or delay its consent to a proposed modification to this Agreement. Without specifying other reasonable grounds for withholding' consent, an owner may withhold consent based on materiel adverse financial impacts to an owner's parcel in the Shopping Center as a result of the requested modification. 10.2' Duration. Unless otherwise cancelled and terminated as permitted herein, this Agreement shall continue for sixty (60) years from the date of this Agreement and shall be renewed for an unlimited number of successive terms of ten (10) years, unless all Owners agree otherwise; however, all the easements qranted in this Agreement shall continue in perpetuity. ARTICLE 11 -RELEASe PROK LIASILITY 11.1 Release from Liabilitv. Any person or entity acquiring fee or leasehold title to any portion of the Shopping center shall be bound by this Aqreement orily as to the parcel or portion thereof acquired by such person or entity. Such person or entity shall be bound by this Agreement only durinq the period such person or entity is the fee or leasehold owner of such parcel or portion thereof, except as to Obligations, liabilities or responsibilities that accrue or are based on events which occur during said period. Although persons or entitles may be released under this section, the easements, covenants and restrictions in this Aqreement shall continue to be benefits and burdens upon the Shopping Center running with the land. ARTICLE 12 -DEFAULT 12.1 Default. In the event of default or threatened default under this Agreement, only the Owners shall be entitled to institute proceedings for full and adequate relief from the consequences of said default~ 12.2 Remedies for Default. If the Owner of any parcel, durinq the term.of this Agreement defaults in the full, faithful and punctual -12- 175'/OOS,6/17I9Z,1lII516 .. ! 1 I I I I I 'I- I I I ~ I t::-.71 ~ II '" 1.1 '" ;.: " . . , :-;-::; .. ;. J II! ;- 0 .... .., :> 0 ." ;- .• · 1 I , , , l l I N o r-N 0 M CD 0 N C1') o .. performance of any obligation required hereunder and if upon the expiration of thirty (30) days ofter written notice from any other owner stating with particularity the nature and extent of such default. the defaulting owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then any other OWner ("Performing OWnern), in addition to all other remedies it may have at ~aw or in equity, shall have the right to perform such obligation of this Agreement on behalf of such, defaulting owner and to be reimbursed by such defaulting OWner within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (18t) per annum on the maximum rate allowed by law. Any such claim for reimbursement, together with interest as aforesaid, Ghall be a secured right and a lien shall attach and take effect upon recordation of a proper claim of lien by the claimant in the office of the County Recorder _of the county in which the Shopping center is located. The claim of lien shall inclllde the following: (i) the name of the Claimant: (ii) a statement concerning the basis of' the claim of the lien: (iii) the last known name and address of the Owner or reputed owner of the parcel against which the lien is claimed; (iv) a description. of the property against which the lien is claimed: (v) a description of the work performed or payment made which has qiven rise to the claim of lien hereunder and a statement itemiZing the alllount thereof: and (vi) a statement that the lien is claimed pursuant to the provision of the Agreement reciting the date, book and page of the recordation hereof. The claim of lien shall be duly verified. acknowledged and contain a certificate that a copy thereof has been served upon. the Owner against whom the lien is claimed, either by personal service or by mailing to the defaulting Owner as provided in Article 13. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced by suit, or under power of sale (which power is hereby granted), judicial foreclosure or in any other manner allowed by law for the foreclosure of liens. A Performing owner is hereby granted the right to enter upon the parcel of the defaulting Owner for the limited purpose of curing a default ae: provided under this Agreement. Any exercise of the power of sale or foreclosure shall be conducted in accordance with the laws of the state of Washington applicable to the exerciso of powers of sale in or foreclosures of mortgages and deeds of trust. If appropriate, a Performing Owner is hereby appointed the trustee for purposes of exercising such power of Gale, with full right of SUbstitution • Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of t~-ust given in good faith and for value now or her.eafter encumbering the property subjected to the lien, which lIlortgage or deed of trust was recorded prior to the recording of the lien, and· any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall. take free and clear from any such then existing lien, but otherwise subject to -13- 1754/00S:6/17/9ZIDIIS16 IItIIA·Agr.nol '., ", , I l I .. . !:" w ~ '-' .:> Ll ~:! ..: ·It • . ) ,.. t: _ . ...: .. ) < I!~ ,- 0 I- UI ::> 0 II, ': N 0 ~ N i 0 • M CD 0 N a'l • o • .... the provisions of this J\greement. The failure of the owner or Owners of any of the parcels subject to this Agreement to insist in anyone or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions .or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. 12.3 Attorneys'Fees. In the event t.hat suit is brought for the enforcement of this Agreement or as a result of any alleged default hereunder, the prevailing party or parties to GUch suit shall be entitled to be paid reasonable attorneys' fees and costs by the non-prevailing party or parties, including thoBe on appeal and any judgment or decroe rendered shall include an award therefor. 12.4 Goyerning Law. This Agreelilent shall be governed and enforced by, and construed in accordance with the laws of the State of Washington. ARTICLE 13 -JiOTICES 13.1 Notices. Notices made by the owners pursuant hereto may be served personally or via overnight courier or may be served by depositing the same in the united states mail, postage prepaid, certified mail, return-receipt requested, addressed as follows: If to Powell: Powell-orillia AsGociates 737 Market Street Kir~~and, WA 98033 Attn: Peter W. Powell With a copy to: Robert C. MacAulay Alston, Courtnage, MacAulay , Proctor 1000 Second Ave., ste. 3900 Seattle, WA 98104 If to HC: c/o Waban Inc. 1400rangefair Mall, Suite 100 FUllerton, CA 92632 Attn: Vice President, Real Estate With a copy to: c/o Waban Inc. One Mercer Road Natick, HA 01760 Attn: Executive Vice President, Finance Notice shall be deemed given when served personally upon or delivered by overnight courier to a person of suitable age and discretion, or if mailed, three (3) days after deposited in the u.s. mail. -14- ftCIIA ·Agr .... 1 .=====-=--------------' .. ,. I I I I r i I f I i I . ; i • !~ I IL' ',' :oj " 'u :l to, ., '"~ o I-; ~I ~~ ':: " r N o l'" N o C"l to o N C7l • o .. The foregoing addresses may bp. changed by written notice given pursuant to the provisions of this Section. ARTl:CLB 14 -L!;NDBR PRO'1'BCTl:Olf 14.,1 Lender Protection. This Agreement and the rights, privileges, covenants, agreements and easements hereunder with respect to each Owner end ell parcels, shall be superior end senior to any lien placed upon any parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but all of the covenants and restrictions, easements and conditions and other provisions, terms and conditions contained in this Agreement shall be binding upon and effectiVe against any person or entity (including any mortgagee or beneficiary under a deed of trust) who acquires title to any parcel or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. ARTl:CLB 15 -GENERAL PROVZSIONS 15.1 lLo Covenant to Operate. Nothing 'either expressed or implied, contained in this Agreement shall Obligate any Owner or any Owner's tenants to continuously operate any type of business on its parcel. 15.2 Running of Benefits and Servitudes. Rights of Successors. The easements, restrictions, benefits, and obligations hereunder shall create mutual benefits and burdens upon all the parcels of the Shopping Center running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. The singular number includes the plural and any gender includes all other genders. 15.3 Not a Public Dedication. Nothing hereln contained shall be deemed to be a gift or dedication of any portion of the Common Area to the general public or for the qeneral public or for any public purposes Whatsoever, it being the intention of the parties hereto that this Aqreement shall be strictly limited to and for the purposes herein eXpressed. The right of the public or any person to make any use whatsoever of the Common Area or the parcels herein affected, or any portion thereof (other than any use eXpressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the Owners. Notwithstanding any other provisions herein to the contrary, the Owners by mutual agreement may periodically restrict ingress and egress from the COlDlllon Area in order to prevent a prescriptiVe easelnent from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the minimum period neccossary to prevent the creation of a prescriptive -15- 1754/005 :6/17/92: DII5 16 I1t\lA-Agr .ne! I ~ N w' 0 j ~ ... .;> N 1,1 0 ... M '" l-tD ", 0 ,) N ~ .. :-CT) ... -' j , hI " ;- 0 l-... ::J 0 I I.., i ,-j r. . \ I • o • easement and shall occur at such a time as to have a minimum effect on' the operation of the Shopping Center. 15.4 Document Execution and Change. It is understood and agreed that, until this document is fully executed, and delivered by the authorized corporate officers of the parties hereto, there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. It is further agreed that, once this document is fully executed and delivered, it contains the entire agreement between the parties hereto and tbGt, in executing it, the parties do not rely upon any statement, promise or representation not herein expressed and, except as permi tted by Section 10.1 of this Agreement, this document, once executed and delivered; shall not be modified, changed or altored in any respect except by a written document executed and delivered in the same manner as required f'Jr this document., 15.5 No Joint Venture. It is not intended by this Agreement to, and notbingcontained in this Agreement shall, create any partnership, joint venture or other joint or equity type agreement between the Owners. '15.6 Reasonableness of consent. Unless otherwise provided herein, whenever an Owner's agreement or approval is required under this Agreement, such Owner shall not unreasonably withhold or delay such agreement or approval. 1S.7~. Powell intends to develop Lots 1 and 7 in the future, although there are no current plans for such development. Other than the terms of this Agreement, no Owner may place any restrictions on the development of Lot 7. Powell agrees to not commence the processing of any governmental entitlements for construction on Lot 1 until the earlier of (a) that date upon Which He has commenced construction of improvements on Lots 2 and 3; or (b) that date which is two (2) years from the date of this Agreement. prior to any development of Lot 1, Powell will be required to obtain applicable governmental approvals. Powell's development of Lot 1 shall be subject to site plan approval by the Owner of Lot 2, which approval will not be unreasonably withheld or delayed. In connection with any development on Lot 1, Powell agrees to not disrupt the traffic flow on Lot 2, not diminish any utility services provided to Lot 2 and not provide any off-site amenities to obtain approval for development on Lot 1. HC agrees that in connection with any development on Lot 1, Powell may make curb cuts directly opposite and to match the curb cuts on Lot 2 which are directly opposite the south border of Lot 1, as designated on the attached Site Plan and as the same may change from'time to time, all such work at Powell's sole cost and expense. 15.8 Counterparts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document • -16- 1754/005: 6/17/9l:0IIS16 NeliA·Aar.ne! - I t i! ,I '; I t r. :, ,I .; , ~ . I !': w :,.: ~ , , V '!.1 0.' ;= h. -, :-:-,.1 -' . .;~ " <, .:~ ;- 0 to-.... ::> 0 V, ~: I I I , \. ,I N 0 ~ N 0 C") CD 0 N 0') o • only the original counterpart signature' and notary pages need be recorded with one copy of this Agreement. 15.9 NO Consents. Except as provided in this Agreement, development on any property covered by this Agreement is not subject to any consent from or to HC or Powell. All development wil~ be subject to satisfaction of applicable lot coverage, density, parking and other zoning and land use requirements of any governmental authority with jurisdiction. 15.10 wetlands. As part of'the governmental approval for develop- ment of the HC Property, the OWner of Lot 7 must provide and agrees to provide to the City of Renton one or more easements for wetlands preservation of approximately 65 feet in width, or such greater area as required by the City of Renton for the development of the HC Property as such development is currently approved by the city of Renton. Powell understands that the legal description for the wetl.ands preservation easement is as currently set forth in attached ~xhibit F. Such easement will be recorded separately. All costs associated with the maintenance of the wetlands preservation area on Lot 7, except real property taxes, shall be paid by Lots 2 and 3, The wetlands easement area shall be maintained to a standard desic;nated by nco 15.11 Lot 7. Powell, as Owner of Lot 7, hereby conveys and quitclaims to the other Owners in the Shopping center for the benefit of the Shopping center a perpetual, non-exclusive easement for ingress and egress, and access over and across that portion of Lot 7 legally described in attached Exhibit E ("Driveway Easement Property"). The costs to maintain the Driveway Easement Property shal.l be shared prorata by all the property in the Shopping Center, provided that no lot is obligated to contribute to maintenance costs for the Driveway Easement Area until construction commences on such lot, and then only for such lot's prorata share of mainte- nance costs thereafter. The prorata sbare shall be the percentage which the square footage of a lot upon which construction has commenced bears to the total square footage of all lots in the Shopping Center upon which construction has commenced, except Lot 7, which square footage shall be deemed to be 30, 000, and Lot 1, for which the lot square footage shall be deter:mined based on the buildable area of the lot, excluding property dedicated to wetlands preservation and similar to the method used by Powell to determine the buildable area for Lot 7. The following square footages for lot size shall be used for purposes of this section 15.10: 1754/005:6/17/92.01/5 16 Lot 2 Lot 3 Lot 4 Lot 6 Lot 7 Lot Square Footage 445,313 586,312 35,000 35,000 30,000 -17- - I K " Ii I,.; t:); ~ ~ r· t'ot : ~~. !,:.: , ~. !:. ! .... .} .' ~:': :~ .. " ., .. : " ',:; .. ~ ;.~ .' : ~. ~ ,.[ ; :~ ' .. , .t'': !;! ;" :1 i'~ 1.1 11 !! r: H ~ ~ I . . .. -t· i '" :.z; I- e ... :> ·0 "' ;'1 , -'\' . . ' • • • \ ., .- He shall Maintain the Driveway Easement Area to a standard as designated by He in its reasonable discretion. If an owner obligated to pay a prorata share of such maintenance costs fails to do so within ten (10) business days of written demand thorefor accompanied by substantiating invoices, then interest on the unpaid amount Rhall bear interest at eiqhteen percent (18t) per annum .until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. BXHIBITS HCWA REALTY CORP., a Washington corporation By~ .................................................. _ Its ___________________________ ...... By __ ........................................ ___ Its _____________________________ ____ A -Legal Description of HC Property B -site Plan C Legal Description of Powell Property D -Utility Plan E -Driveway Easement Area F -Wetlands Preservation Easement Area -18- 1754/005:6j17J92:DUSl6 ~ . /:~; .. '·r I'" j .~ ""a." I-~ S t.I .:> '-, •• 1 ::.,; .... ". .:> ::-.... ,~ ...J ...: .. ") ~" r~~ ;- 0 .... ..... ::> 0 '" l- I! ; . .' ~ N 0 ~ til e M CD 0 til en S'l'ATE OF WASHItlG'l'ON cot.'NTY OF ~1 • o • ss. On this ~ day of ~~ , 1992, before me, a Notary Public in and for the state of Washington, duly commissioned and aworn, personally appeared Lloyd W. Powell and Peter W. ·Powell, to me known to be the qeneral partners of POWELL-ORILLIA ASSOCIATES, the partnership nmMed in and which eXGcuted the foregoing instrument; and they "acknowledged to me that they signed the same as the free and voluntary act and deed of said partnership for the uses and purposos therein mentioned. I certify that I know or have satisfactory evidence that the persons appearinq before :lie and making this acknowledgment are the persons whose tr~c signatures appear on this document. WI~SS my hand and official seal the day and year in this certificate above written. 1754/005:6/17/9Z:DV516 ~ IJ. 1bt.iA-1- NOTARY PUBLIC in and for ~s te of Washington, residing at ~. My cOlDlllission expires: , .. :;: -19- ~"--------""""""-------___________ ..... ~, •. _·;; .. r·"-::!-·--••. -."~-l.~~-·.·· -::' .. ' •.... 1 ~ • · .~ • "~ :; , I~ ,.' Ii, ~t I !: ;;:;. ~: J U .:> f.l '" :.c ... '" .:> :-,-... ..J ...: .') < '~~ ;- 0 ... ... ::> CI "1 1- .. ' N 0 ~ N 0 M tD 0 N a') ;:' I ~ • • • HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an owner obligated to pay a prorata share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount ehall bear interest at eighteen porcent (18t) per annum until paid and the other owners shall. bave 1:be rights and remedies provided in section 12 of this Agreement. IN "'-X'1'NESS WHEREOF, the parties herato have executed this Agreement. . ·POWE~RILLIA ASSOCIATES, a Washington general partnership BY~~~~~~~ ______ ____ Lloyd W. powell General Partner BY ___ ~~~~~~ ________ __ Peter W. Powell General Partner BUXBUS A -Legal Description of HC Property B -site Plan C -Legal Description of Powell Property o -utility Plan . E -Driveway Easement Area F -WetlandG Preservation Easement Area -18- 1754/005:6117192:l1li516 .-~ ....................... ----------------.~ .. -.-... -.-.--.. --.. --.--.-... I .... l !:: W ~ II .:> ., 10' :..: I- h • • J . >-1- ...J ...:: 'J t· ':1 ;- 0 I-... ::> c VI ;- .' \' N C l'-N C M CD o N en CUi ito"ni "- STATE OF NA5HItI8'PON COUN'l'Y OF Oy d "'tiC • • - SSe On this 23 ,.0/ day of Jun-e , 1992, before me, a Notal.,. PUblic in and for the State of Washington, duly commissioned and sworn, personally appeared .John F. La",} ~a;JI;d~~~~~=~~:: __ ; . to me known to be the Pr-1"51 "-en*-r~ re!ll'ee4:1'I~, of HCWA RF.ALTY CORP., the corporation named In and which executed the foregoing instrument; and they acknowledged to me that they signtid the same as the free and voluntary act and deed of said corporation for the USGS and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persona appearing before me and making this acknowledgment are the persons whose true siqnatures appear on this document. . WI~SS my hand and official seal the day and certificate above written. . \ ',.,0,...., /0--- year in this NOT PUBLIC in and for the state of I!D._I~"--,, Washiftgtsn, reSiding at ~'dJl.,l.,;tr.". Cob My commission expires: q-Iv-'-:?' -20- 17S'J:J05:6117192:DII516 HCIIl·A8r.nol I I l .. " I \ 10' :.a.: I- ". .:> " ~. ,., -' . .; "") l" ':~ ;- ." I- ( ....• \ " N o l'-N o M c.o o N en , " • • • ( - HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a prorata sbare of. such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiatinq invoiceD, then interest on the unpaid amount shall bear interest at eighteen percent (18') per annum until paid and the other owners shall have the rights and remedies provided in Section 12 of this Agreement • INWI'l'NESS WHEREOF, the parties hereto bave executed this Agreement •. pOWELL-ORILLIA ASSOCIATES, a Washington general partnersbip BCWA REALTY CORP., a Washington corporation . BY~~~~ __ ~ ______ __ By ____________________ __ Lloyd W. Powell General Partner ItB. ____ ~P,~Qdd==l=d~ ______ _ By~~~~~~~-------Peter W. Powell General Partner "nUTS A -Legal Description of He Property B -Site Plan Its "All """""" .... " C -Legal Description of Powell Propsrty D -utility Plan E -Driveway Easement Area . F -Wetlands Preservation Easement Area -18- 175"005,6117/92IDII5I6 HM·Agl'.nol 1------__ ------" ........... ~----... --.--.. "-........... -, --_. __ .- I .. -t , 1 , ~ ;.; -'. ;.:> ~I N 0 '-, 0 '" ~ :J.: >-~ II •• 0 " M >-cD 1- .~ 0 -' ,J; N .~ <0' m h' .- 0 t-, \oj :::> C ," .... , 1 .-' , • • •• ~"'~~ 562 OF WASIIIIIGron ) ~'A ,.111. _... ) SB. COUNTY OF ~ ) On this "2'-rlt. day of a.~# t 1992, before me, a Notary PUblic in and fortbe State ~bington, duly commissioned and sworn, _ personally appeBJ'ad..t ~~~ 1:QIO::. , to me known to be the !l!!:: !!U~~ , respectively, of HCWA REALTY CORP., the corporation named In and which executed the foregoing instrument; and they acknowledged to me that they si911ed the same as the tree and voluntery act anti deed of said corporation for the uses and purpoaes therein mentioned. I certify that-I know or have satisfactory evidence that the persons appearing before me and making this aC~lowledgment are the persons whose true signatures appear on this dccument. WITNESS my hand Clnd ofticial soal the day and year in this - certificate above written. N~~pu~1~the ~ ~i!.!t2~, residing at _____ _ HycolIIJDIiii1on expires: _______ _ MARY T. SLATTERY NaillI}' Mile . r' .. MtCOmmlsalon ExpI/UII Mlrch 12, 1993 : :':.: . -20- ....:.....-------------------.--... _----_ .. --_.-.... ....... __ .. 1 I ..: § :j u .:I c.> I,t ~L: I- '0.. " >-t-.. , ~ -.:; .'} l" ':~ ;- 0 I-.., => 0 ", t- .• 1 N 0 ~ N 0 M ~ 0 N en • • BXIllBIT "A" LOTS Z and 3, B\lRLIHGroH 1I0JmlERH, A BINDING SID PLAN, ACCORDING TO CIT!' OF llEHTOH BIHDIRG SITE PIAN RBCORDBD JUHE--..!ir1 1992. IN VOLUME I", OF PLATS, PACES f"-/I , AS EIRC COtnrrY RECORDINC NO. 9.2P? }t)2tC;.t. .. .--,----_-----.------1 .. I " .. ' 1 , , , i t:-o.:; ~ (" .:> u '" :"~ t- oo. ,) ,.. :-,~ ~ ~ 'J (" ':~ :- 0 t-I w :::> 0 '.'1 :- I .•• 1 I • r: •• ~tn~7~·~e# ................ ~'-~:~~i';~"~'~"'." ....... ~.i •• ·~~ii·'&·~·~i~~ ... ·_ .. ~·M· .. __ .. ~·a·--------__________ ~------~~~~~r· _ • •. .;.{ft., ...... N 0 ~ N 0 M UJ 0 N Q') I I , ... ... i , I , I , I I I i I I I i .i 'I, jil , w! I ! I I i : ! s"eQ. \lCfIG (!) ---.. .... __ .. .... ---.. --.. -..... _-:::='=:':.t. ,..,,-.... ...----------. __ .... =-:=:-=:--== :' §? £I-.•.•• ~ ____ I -.---... ---_ . ........... ... ===-.: :--- ... -_._----~--. ---;;.;-p ........ .... -----... .. ----,." .. -~ _. ----.-.----:--. l ( l ~iiiil.a.J I: : t~ · !~ NlI.,MT · ,. : j< · F ( j'i t~ ,;. '. ~~ · Ji I I' r~ i; ~~~ P I:) ,~ :i ~=r==-*====f-~~~~.l~ '" ," ,', :' , .. . , i· _ ~._. __ ._._._._._.-._._._._._._._._._._. __ .-._._. __ ._._._.-._._._._ .. _._ .. _ .... -.. -.-._ .. -._._ .... _._._ .. _._._._ .. _-''';'-''-l'~ ( If S.W. 41ST STREET ·EXHl&IT 8 SITIE PLAN Q"s4QG'-C" .fif:· '1IGijl '':'1E' . ::ir ~~. ;\t9;; .-u;:' . \~~ ~. l',t.', l.~=====-----------------------... -.. : ... ,:,.;." r.'·T:'~: .. -·-:-.:--·.:·-'-, .. • .. '·· .. ··-,',' ' .... - '·-1 i I !:' W : .. : ;;I c.> 0 " 10' :.a.; l- I •• ,) ,... !:; . -' ..; .'J (" I!~ :- 0 .... "" ::l 0 III ~: '1 .. \ N o ~ N o M CD o N C7') I i I"' ... .' , I I i 'i. iii .. I I • ... : ... ::"#;.;".,. ......... ;&" ..• ; .. , ....• ;'-.-----.~.--------..",.-.-;:...;.;;..;,.,;~.-----~=~~~"1r~.-.----.--.... $'-'1.1_ .. '1' -"._.. \!I ::.:=. .. -.... --.. ===-: ... ,.,,...,,. ----_ .. _ ... --_ ... . If I ,.Ames SIYIE PLAN 1"a40'-0" ---. :.:-.=-_. 41 __ • .... '§ ~I""'-- ===-::: .-..-.. _. ---= ...... -..,.~ . lOT A' .... ' .. "':'--_._._._.-.... _ .. S.W. 41ST STREET ':,0' =:=:.,===c.; ________________ ... . . ....... -.• _._.-_ •••..•..... I - ;- ", . Eric.?·· .. · .... ·· ::":"('ir""j", ··•• .. Jtgjff(fr ",("" ..... N o l" N o C",) CD o N en I· I"" ~. ,i 'I. ;il .. ! 1 ........ -... -...,_ .. =~:=---..... _-====.: ... ".1-----_ .. -_ .. . --.......... . _ ... -----* ::s-f' === :. ...... .,... ==-_ i -.--... --~-fL.--- -._-~:-.=--~'::..,--;: --p ..... --- ::.=.-E! ..... -... ,:: ..... • :.$"i.·· .. 10' ~ ... , _ ~._. __ ._ ... __ . __ .. , __ ._._._. _._._ .... _._._. ___ ._ .... ___ .. _ .. _ .. _._._._.,_._.\0_. __ .:1<='"··" .... l'·-·-~-~II"-·-·-·-··-·-·--·+-·- 4.4 b 4." 1~.'7 S.W. 41ST STREET '.'.' " ------------------------ ~ 1 ~ ., -n <: ii = ~~ -< .' l I • • • EXIlIBIT "Cn .. , I \ Lots 1.4,6 oDd 7 BUBLIlfGtON ROJmlBRR. A BINDIlfG SITE 'LAIl. ACCOID1NG to CIn OF BI!ln'OI BINDIBC SITE PLAH IIBCOJlDRD.JUIIB 30 ,1992, II VOJADIB =,--....,.........,,,,,/:..\<:;,"",'_ OF PLATS. PAGJIS po -II • AS ICIIfG COUNTY J1!COIUDHC NO. fj1of,.?e U.:Z6 . !;: ... :.: ~ N ... 0 0 <-> ~ '" :s.: N I .... 0 ". M ... :J: CQ :-. !:" 0 _J N .... ; en .'~ (" .:~ ;- 0 .... ... ::t '0 tI, i- f o· , I ...--=..-.~_===""",-., _____ ~ ________________ " ;;.: .. ; ..... --~.--... ~-:--.~: .. ~----, ". ··_··7······._ . • 1,,\ • t:-. ,.j '.' :.j 11 : ~ :l 10' I -.; I .... ". ,l . 1 , . N o l' N o C"l CD o N Cf') N" I I I J ~ I I I -------tr I . I _-==:-1 I~ I ~I ' .. 'il I~ I I ~ i ____ .-I i --J i I t .; .. I ~ . II . I !. I _. J I ' II -. _-WA~-' =. --=--J~ __ ~±l-" I TU~NIER & ASSOCOA TIES HO~/E~lUIll W ARIEOOIllSIE ; ~ I L~~~~~~~~~.v~._~~,=~~~~t ____ ~~~~~~I~~~f ______ -H~mL~ ___ ~" ! r: i I I . .. . . ! . hi t ;'::i ". ... "1 .. N 0 l'" N ~ M CD 0 til a)1 i I I I -I ; ...., I I ,. i "0 :;0 m r ~ > :0 -< (;) _:0 .,'> .bO qZ 6(;) 'pP c -I F =i -< "0 r > o ~-------......... ' ~ § . J( ~ ... ~ . \ CASI VAl.~ tlCllWAY ------------r--. ~ r ~: J __ + TURNIER & ASSOCIATIES fACIE OO~~ID£RSH~P WA1JUHOUSIE Nbt'Uli IIHrOf I't:t~;:;'i'=-~ MI" VA Mce aDII5J)'''' . VAHGtCN ............... . t:lH\&If' 12 ... -- '"' I I I l , '. ~ \ I -, I I , i , . i ~. ~ f· i .1 -, t i 1 i '. • r. t:' w ~ II .:> \.1 I., I ." >- 10. ,:> >-N 1- .~ 0 -' ~ . ~ . J .. N .:~ 0 .. ' M 0 CD .... 0 .... N ::J en C I'> ~ l- . , '. I .1 , • • • .. BUSH. ROED & HITCHINGS. INC. EXHIBIT E nCCESS EASEMENT DESCRIPTION THAT PORTIOI; OF LOT 1. O}-" BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME ~_ OF BINDING SITE PLANS, PAGES ~ THROUGH ~_, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, HAVING 15.00 FEET OF SUCH lHDTH ON EACH SIDE OF AN EASEMENT CEN- TERLINE DESCRIBED AS FOLLOWS: . COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 01°50'09" EAST 18.00 FEET ALONG THE EAST LINE '1'HEREOF TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE AND THE BEGINNING OF A NON-TAt!GENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 120.00 FEET (A RADIAL LINE THROUGH SAID BECtNNING BEARS SOUTH 00°54'35" NEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: . THENCE WESTERLY AND NORTHWESTERLY 109.33 FEET ALONG SAID CuRVE THROUGH A CENTRAL ANGLE OF 52°12'09"; THENCE NORTH 36°53'17" WEST 173.08 FEET TO THE BEGINNING .OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY AND WESTEPLY 83.40 FEET AI.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°49'13" TO THE WESTERLY LINE OF SAID LOT 7 AND THE TERMZNUS OF SAID EASEMENT CENTERLINE, AND FROM SAID TERHINUS SAID POINT OF BEGIN- NING BEARS SOUTH 49"02'54" EAST, 352:66 FEET DISTANT. TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 83°06'18" EAST); THENCE NORTHERLY 25.85 FEET ALONG SAID CURVE AND WESTERLY LIIIE AS SHOWN ON SURVEY RECORCEU 1N VOLUME 80 OF SURVEYS PAGE 156, RECOkDS OF SAID KING COUNTY, THROUGH A CENTRAL ANGLE Of 00"43'29"; THENCE SOUTH 8:! ° 4 9 • 47" EAST 8. B 0 FEET ALOIIG A LINE RADIAl. TO THE PRECEDING CURVE TO THE BEGINNING OF A NON-TANOENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET (A RADIAL LINE THROUGH SIIID BEGINNING DEARS NORTH 82"50'29" WEST); THENCE SOUTHERLY AND SOUTHEJI.STERLY 43.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF70·:;9' 02" TO SAID NORTHERLY MARGIN OF THE STRIP DESCRIBED . ABOVE AND A POIN'!' OF CUSP WITII P. CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 135.00 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP bEARS NORTI! 26°30'29" EAST); THENCE WESTERLY 32.76 FEET ALONG SAID CURVE AND 110R'l'HERLY ~IARGIN THROUGII A CENTRAL liNGLE OF 13"54'21" TO THE POINT OF BEGUINING; 1/2 i· n :. :~i I·' d ! I I I 1 I ,. '. . i , -~ i N ,l-.:.:., , e t.~! :;; ~ I.' N '0 ~." e ,., M ;:: tD h. e . , N ;0-CT) t-, .. .J ... ;. .) I,! ,- 0 I-.... ::> Q II) .- , ; i o • BUSH, ROED 8: HITCHINGS, INC. ALSO TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOL-. LOWS: BEGINNING AT THE INTERSECTION OF THE SOUTUWESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH- WEST HAVING A RADIUS OF 105.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 14"07'06" EAST); THENCE EASTERLY AND SOUTH- EASTERLY 71.46 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF .38°S9':J7" TO A POINT OF TANGENCY ON SAID SOUTHWESTERLY MARGIN AND A POINT OF CUSP WITH A CURVE CON- CAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.19 FEET (A RADIAL LINE 'l'HROUGH SAID POINT OF CUSP BEARS NORTH 53°06'43" EAST); THENCE NORTHWESTERLY, liESTERLY, SOUTHWESTERLY AND SOUTHERLY 80.63 FEET· ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°16'32n TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE OF LOT 7 WHICH BEARS SOUTH 80°46'54" EAST; THENCE NORTH 80°46'54" WEST 3.60 FEET TO ·SAID WESTERLY LINE OF LOT 7 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET; THENCE NORTHERLY 5L 70. FEET ALONG SAID CURVE AND WESTERLY LINE 0 F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 OF SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF 01"28'39" TO THE POINT OF BEGINNING. . THE SIDELINES OF THIS EASEI1ENT SHALL BE SO SHORTENED OR LENGTH- ENED SO AS TO TERMINATE IN SAID EAST LINE AND SAID WESTERLY LINE OF LOT 7. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0.28 ACRES). MORE OR LESS. 2/2 POWELL DEVELOPMENT BURLINGTON NORTH~~ BSP \HLLIAM A. HICKOX, P.L.S. BRH JOB NO. 91407.0S/SURS4B JUNE 23, 1992 REVISED JUNE 26, 1992 ; .. : ,--: : . -J (- I I r. N w 0 ~.::, ~ t"-<> N .::> ~l 0 ,,' M ~.a.: ... tD I, • 0 .:> ' N >-en ,- ,~ ..J ....; ,'J (," ,,' ;- 0 ... .... ::> c <" ;~ J- 'I , .. ' ~ .~. • • , , \ ", . "., ... _.... " . ., ....... ~ BUSH, ROED 8: HITCHINGS, INC, EXHIBIT F SOUTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING, TO THE BINDING SITE PLAN TH~REOF RECORDED IN VOLUME ~ OF BINDING SITE PLANS, PAGES ' lr~11 , RECORDS OF KING coUNTY;"" WASHINGTON, DESCRIBED AS FOLLOWS: ' , BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINt!ING SITE PLAN; THENCE NORTH 880 09 151" WEST 75.00 FEET; THENCE SOU'l'H 010SO'09' WEST 383.62 FEET; THENCE SOUTH 55°26'54" EAST :1.99 FEET TO SAID EAST LINE OF LOT 7; THENCE ALONG SAID EAS!1' LINE THE FOLLOWING TWO COURSES: THENCE NORTH 280 33'51" EAST 159.29; THENCE NORTH 01°50'09" EAST 243.51 FEET TO THE POINT ,OF BEGINNING. SITUM'! IN THE CITY OF RENTOtl, KING COUNTY, WASHINGTON, THE PARCEL DESCRIBED ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), HORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN SSP WILLIAM A. RICI(OX, P.L.S. JUNE 2, 1992 91407.08/SUR54B I '" I ...... :;:i!..'" .: .. I h' i= ft. .. ; " . ;- o I-... :3 Q '" I-.~ .1 \ N o ~ N o M CD C N en • • \ • - BUSH, ROEO Be HITCHINGS, INC. EXHIBITF NORTII WETLAND DESCRIlI'rION THAT lIORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THeREOF RECORDED III VOLUME LfzL OF BINDING SITE, PLANS, PAGES ~-/{ , RECORDS OF RING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE ,NORTH 88°09'51" WEST 70.00 FEET; THENCE NORTH 01"SO'09ft EAST 472.81 FEET TO THE NORTH LINE OF SAID LOT 7 i THENCE SOUTH 878 SO '47" EAST 70.00 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH 01"50'09" WEST 472.42 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED· ABOVE CONTAINS 33,083 SQUARE FEET (0.76 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN. asp WILLIAM A. HICKOX, P.L.S. JUNE' 2, 1992 91407.0B/SiJRS4B i .... _=_ ...... , ______ .. ·iiI!m ________________ ... " .... ..,..,..._·· .. -..... ··.·_,· .... ~.~T""'I.o; •• "":" ....... \f.~ .• :I" ......... . co I .. ,',:-" .' ~ ,-;:; '.' oj " V <., '" ~ ". -, :-:-•• 1 -' . "·~i o I- · ) ..,i EI , ," I . ~ . · i • I ~ I ., t ~ ~ ! ~JdO. , I -, ~ I , .40' I [IPlnes 3117/1:14- s 8"'50'~7'e ". 7aw .. ... ~# ...... ,,, .. , . . , , N fJIj"09'SI-W ... _-;.1 \ ... : \ ... 1 -,' I ( •• , 1'Z ( I·. / ...... / / : r-'! \ ... 1· \J '''j I / / I I I I I ) D P. 0.8. NoScole NORTH WETLAND SKETCH POWB.l DEYaOPMENT BIR.NGTON NORTl£RN BrVING SITE PLAN IftJWE)B,(: BUSH, AOED & HITCHINGS, INC. CIVIL ENGINEERS' LAND SURVEYORS IEATnf,WA5HJNOIOH 'U ..... JOB NO. 91407.08 608-92 CLC WAH ., I 02/19/04 .. . ".-: - m·~· .. ~ . ~~'::l :::.;...~r~. a8 ht:r sole and separate prop~ty and' Glt~te. forandia~II' TEN ARD NO/lOO ($10.00) DOLLARS, and O~;l~r end valuablu cons1dera:1or., , ill ...... ptId. ~ IIIId "tnmb • .., J. Q. ADDER30U and VA!!ClA II. AD~~ON, 1'118 WI!'E, dIP roau.iNI ~ n" nQle. o:ilwueci ~ I~ (·(.~aIY "I -K1n,,;-• State :II An 'Jnd1\rl;';~:':' 1/18 1nt~re~;: tn a;'.,. ~.:: ..... ,., :;.,llclo'tn·! de~ ~:"1.':le:C ~·p.31 prop~rt:r: ':~nat por~1.;:n 01' t;.:·~ N .... l-t:~east 1/"4 0: ';.h~ NOl';;'i~'-l.;!"";; l/': ;;~. ';;c:~:"i""1 ~1. ·.l.oWnSI,lP ii:!3 1\I',H';';1, ~'1ge :;; East ·W.M •• !:;:.:-:; \::"'-:"er~;I ,;.:' .... h~ c-x'i; • .ar·: St'lt;& IUt!;t:way NOo_5, ~~~.r:PT Goun::"' ik'3IJS. l":t"e.e I):; <!r.cuiQ~rancc.:3 s",,',e and C)(C~pl. (""'.,,,"'r~':f1~·.~, re8ericttona anoi resC::'··"llt1ons of r~col·~. an .. reeer',:':tg 'In:O the E;:"~i:Or ~i;e rl.;ht. to reta1:~ 50J' 0:: /6..t.l:J bnu all royal:.iCtl wi·~i';:l :.:3;" :...e c;F.:d·.··)l~ troc all c'l produced on or ;~rn.n. s;~ 1,; r !!al property. , .., ') .0 v . '. 1955 Reel ~atat. ~6B and Dra1na~e D1.tr1ct No. 1 taz O.ud .hiII .' .:~ ~ '0' .' j" 6~\l9.OPMENT PLANNING CITY OF RENTON FEB 2 3 2004 RECE~VED 02/19/2004 THU 12:46 (TXlRX NO .7982] : .... .~: ~~~: :":~: '.; ;!~.: ;,/!' .~,:' z a: w :I: I-a: o z ........... : ...... .. : ...... :~./. N m , ..,. o L-__ -..-..:. ______ -"-_______ ------------------- 161 t \(.1 . 1; .. i ~ '" ~ ~i l:J ~ " ~ e; " '.,:,;) ",. '< " ',' :~' .,,;: .... " ,.".-." 1', •• , RESTRICTIVE COVENANT THIS INDENTURE entered into between GLACIER PARK COMPANY, a Minnesota corporation, hereinafter called "Owner", and Brad Cunni ngham, an individual, hereinafter called "Purcha~"r', WITNESSE I,:: WHEREAS, Owner presently owns Lots 4 and 6, Block 2, Burlington Northern Orill1a Industrial Park of Renton Division I, according to plat recorded under Auditor's No. 7809250902, King County, Washing~on; and WHEREAS, Purchaser desires to expand a building on Lot 5 of said Block 2, and the parties, as a result thereof, desire to establish setback requirements with respect to future building or buildings to be constructed on said Lots 4, 5, and 6, Block 2, of:said recorded plat; NOW, THEREfORE, for good ~nd valuable consideration. 'the parties agree as follows: 1. No building or structure shall be constructed or maintained on the south 24 feet of Lot 6, and the west 39 feet of Lot 4, Block 2, of said recorded plat. 2. No bull di n9 or structure shall be constructed or mai nta j ned on the east 21 feet of Lot 5, Block 2, of ,said recorded pl at. J. This agreement shall ~e binding upon the heirs, successors and assigns of the parties. Terminatiori'" of these covenants or any changes in same must be approved by the City of Renton. DATED this 22nd day of __ ..JA~p~r~1~·1~ ____ , 1981. OWNER GLACIER PARK COMPANY PURCHASER BRAD CUNNINGHAM By: hprmnk06 .. "-.1 .,;. EASEMENT . The Gantor, GlACIER PARK COMPANY, a MInnesota corporatIon, 'after called Grantor, for and In cCIIIIlderatlon of Ten and no/l 00 Dollars ($10.00) to it and the agre_b herein contained, does hereby grant to BURLINGTON NORTHERN RAILROAD COMPANY, a o.l_e corporatlon~ hereinafter called Grantee, an eas;em,en~ , for railroad purposes upon the following desCrIbed preml_ situated In King County, WashIngton: Percell -All that part of the SEHW!of Section 25, T~shlp 23 North, Range 4 East W .M., lying east of the 100 foot right of way of Burlington Northern Inc., north of the south line of said section, west ofa line parallel to O!'d 267 f~et east of the east line of said 100 foot right of way and southwesterly of a line lying 20 feet nc:rtheasterly measured parollerand radl'llly and all that part of lot 7, Block 9, Burlington Nor bid PIc Renton II recorded In King County records .JUly, 24; .19Jf!, under 17907240890 lying southwesterly of a line lying 20 feet rIorfheasterly measured paraUel and radIally from the fOl'cwilng described centerline: . Beglnnirigat headblock of tih;I.I,6,~Out at engineer Survey Station ,997+37.7 = 0+00; thence'.erly through saId No. 16 tuniout to the left of Sternco'Spur TriicJc to beginning of curve at Station 1-+61 .5; thence along a .60 cWve to the left through an angle of 20 24'to a point of ~efse,ci.rve at Slatlon 2'+01; thence along a iP .00' curve to thlii ~Ight :thiOugh on angle of ~ 59'to Statlon3-tOO.7 to end of clirve'c:inifpoint of tangent; thence southerly along saId tangent,tO.po~t {»f curve ,at StatIon 6+65.4; thence alc:ns"jO 30' curve to the'leff!fvough an angle of 60 22' to StatIon 7-+50.3 to end of cWYe mid poInt of tangent; thence along said tangent to beginning of curve at Station 7-+67.6; thence southeaster'ty along lao 14"cuiVeiO:ihe left tfiroughan angle of 4fP 04' 'toer1d of curve at Stotlilii'Toi-70.4; thence along a tangent to headblock atSlation I~~~,= 9+00 of leod trade to Orillia InduslrlalPartC;thence alqo No. 9,;tumout to the left to heel of &os andtieginning of curve,citstCitfOri 0+81 .9; thence southeasterly and easterlyolorig a 1~ 3O"c:UM,tothe left through an angle of 36~ 48' 35u to .,.dof curve~poij;t;of tangency at Station 3+76.4; thence __ lyl00 feet alcirig siildtailgent parallel to and distance 35 feet &omihe soUth lirie of SeCtion 25, Township 23 Nc:rth, Range Hast W .M.andend of center't~ ,1!IKf .descrlpHon. Percel' 2 -Rai lroad rlgbh of way sl~ In 'SeCtl~ 30 ani 31, TownshIp 23 North, Range 5 East W.M., located all within the plat of Burlington Northern 0,11110 Industrial Parle of Renton DivisIon I, recorded In KIng County records 9-~~ under ,17809250902. Percel3 -Railroad ~Ights of way 'Ituatei:iI~;~~cM.-30, Township 23 North, Range 5 East W.M. aiKI Seetian.25;rOW!1Shlp 23 North, Range 4 EaStW.M., located all wlthh,'scltd platof Burlington Nor Ind, Pk Renton II. . ' ','. "'-' . el,'-lC<;:J. , ::lEe:) ;:- Ct='iSHS'- 4,,··:',0 =tfG .. .• L I> :~ -:.~ :",.CITY ,OF' RENTON LOT LINE ADJUSTMENT NO. LLA-OI6-8!5 ! ~J c ·:d A Portion ofth.SW 1/4 of: SlOt Ion· 30. and A portion of tha NW 114 of SlOtlon 31. '. .,. Town.hlp)!3 North. ReIna. !5 Ea.t. WM. ; ! .j " King co~ritY.Wa.hlilgton . , l' '. .. It il .~.: BI-OCi:<: ' . .. !~"~"""". : I· . , 3 11:,1 ............. . II-.., .. . ' .. .6 .:l i -F.eIi -.. ~ L_ ~Ji ::·::w .... ~ I ' •• ~,""i .-~ " Ii" ~:±= _ -.. ~.w.r_ 4 :::: urrl~ .. , I~~_~ · ... 1 . I~ NE 114 NW 1/4 SEC. SI '~I I:;. . .1 I CITY OF rmrtoN LLA-OIHO ... U.1Id~ l1li" lola 4.a11 I. aI.adI, 3, .... IIX'I:Nm an.uJ.a lI6IIUW I'I&'k elf...... vtaiGD.I. _ cw:adId ill Vbl. lOt of 'laU ...... 12 _ U. RICII:RI af' .. ' .......... _ ..... ,. IECllllDlll'I CERTIfICATE II SMM1aII'I ClllTPICATI ....... -____ "' ___ II _ .... _-"-..-. __ ... _"~ __ ""'I -......--. n. ____ .-. ...... -., ....... ... -._ ..... _"' .. ....,=:v-.. ~~~ J&...~tAlc SCM.E: "'200' -"t:J:UJ?t:I~J/ i(p~.lJ""'"' bUAL RESCRlmRN lIAJ&.L lot vt!1c. IkI:k J, k"UngUID ~ oruu. ""-t::rJal hill of IiIrItaD :.s u. ~ =--.r::~...::= 101 elf ........ 12 -... lot i, Iladl 2, ... liJIgton ItnI.:D ~ lI6Iftrlal ... CIII ...... . :aT~"= =~.:a.=. UII eIf.laa.,.... 12 'ftIQIftB __ *R.r.t_--Sat~~CDU. ..t ~ u.. of lot. • iA IkD 2 Of .... llnrJt',I::a ~ CIrl1.1M ~,-~~~T~'===-':':=' I!Im8IS .I.D b eiQ' CIII ....... a::.tr CIIIt1aIJ, .... at ~ lIA.J.QU lot 4, ala J. "l.iIIjram btt.n CIrllllli lrd.II1::dal -.m elf ...., :.sT~ ~.r::~..:= 1M elf ,'-...... u ~ klt.4,1ladl2 .... 1iIIgaIIn ...... ~~ ... eIf .... :..~.!:.::.'= = =-.:a.=. 101 CIII .... ,.... U CIDft U. ..... a e.t. • ____ ~ ~ CD ....... saqaIftJ Un. elf sa, 4 ja,'" J eIf .. 1t,apaD ~ CIIr1UiIi ~ :a,.;. -r::.Dl~ -:J*a:-~~ 181 alE .lata, ~iD"ei"'of"""'OUIea'CIII"._of""'" . APPROYALS JmSc'm I!PA!'V-10 --• LOT LJIIE IIlYISIC. WllIIlN nNl11EI All) APPIIIVED 1IIIS.l!!..DA. OF~.o. , .... ~~ o ~_ DNlIIEI All) APPAO'ItD 1IIISJfe....DAY OF.4.,.A.D. , .... e? .0/2 H 194. > .ULOIIC All) lIIIlIC OFfiCIAl. DNlIIEI All) _ 1II1S..L.,DAY GFa.. •• o. , .... . ...L.m~ \ ,,"Wt; KIll! IXUIIY IIEIUT'f iSSEiiiii .. -~.:'i=::= _ ... , ..... .".,~ ·-~~aREYni c.:iull .... Ie-I... """'" .......... .,...... I ! ....~...... ---.' -.. -.-----.--Il1020. ....... .., ........ OF /. tt Seattle .......... a.48 I -7-88 _u_ KINe COUNTY, .... «mIN STATE OF MINNESOTA J 55. County of Ramsey . • On this 22nd day of April , 1981, before me personally appeared :t C '""edit· and R. J. Mprin , to me known to be Vice prest3imt and ~iaMrnt Secretary, respectively of GLACIER !"RK COMPANY, tile corporaton ; executed the within and foregoing instrument •• nd a,knowledged the said instrument to be the free and voluntary act and deed .:1' said corporation for theil.ses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument • .... IN WITNESS WHEREOF, I have here~nt~ set lIlY hand aiJd affixed IllY official seal the day and year first above written •. '1 ••••• u .......... UUOU __ , .• J.W.THA~ . lIOTAAY l'II811C • MINNESOTA RAMSEY COUNlY .' MyCl!lnmlS$tllll expiloS Nov. 17.1985 ~ •... x STATE OF WASHINGTON I SS COUNTY OF(JtJE]· ) ...... ,. ". ', .. .1\}' COJIJJIission expires· Noyember 17, 1985 On this day. personally appeared ~efore me to me known to be the individual . . ..... .; describ:..r"r:'n":a~~:!!o~ex=e=cu~t~"":¥-":"" within and foregoing inStrument, and acknowledged that ~~-=r-...,.".".....,=,...",=~-=signed the same·as. iIe . . ." ":free and '1oluntary act an uses and purposes thereT"n mentionea.·. . . .' ., ·Cf1l6 EN·under·1IIY hand and.~~i~i_seal thjs ~9tIL _la<:_.~~ _______ ' 19 "6:.L. ..• ... ....:: ( /,-.... day of \., . :~~ ... ~,Ja~~,*~~~-h~~:!:!::::: hprmnk06 2 ;-:. ,$-;''/: .::. \~ '.:: ::\'~. ~ ~ • ~ ~: /. \:,"c"... r', . BURLINGTON NORTHERN BINDING SITE PLAN FILE NO. BSP -014 -92 A SIGNATURE PAGE sa;r.ON 30 ,,""'JWP. 23 N., RGE. 5 E, "'". SECTtoH 3!::i .,W~ 23 N., I RGE. 5 E. W.'" :\ .. ~.~ .. ".: ".~. ':"""~"'" .' ~I CITY OF RE~.~~ • I(IN~~'''''.:~:~:~UNTY I WASHINGTON Itll'0W ALL Itl. IY TH£SI PRES INT. 'filA!' WE, THI lnIDIRSIGHED. "OVIIERI ....... . ,~~"~: .. " .... 1./' 1M FE! sue.LI 0,. TH! I.UD HnllY PLAT'I'JO, KIRIBY DIC~I 1'818 .:' . • ..... . ~! :.:~~c:: :1'HTK~:U:~~'~UV'::.!tt :O~:sJ:'=: ~ .. , .......... . ~: :~Rr~~i~\:=s:":..~I~ ': ~i:ru:.c:J:D:;~ 8A.:I~:r:It:':. "~\. . ... ~ .... :r'=:;.C:='H::f:O~8 OItIOINAL RUSOHAIILI aRAGUa OF ~ R0408·..... ......... GUll '.~: .•..•• ~ ..• " ".. :. \ "'~" ? =~:"::IIO:D=~::T~~r • .,.I~ ~~='l=~~:cl~~ = IlURLIImOH NORTHf!1JH AAll...ItC».D PIQI£JUlES.11C. Gl.ACltR PARK COMPANY -'.. :" '11'1 .PLAN A"ROVED BV THI ctn:·':Ol' Itarrotl 0lIl '2lliIIL.Il. '-·it~·~ AltD .lIEUWARE a:RfIOftATION. "D£L.AWAA£ IXlRPOAATJlN -"~":~'" 'I'M! .('PUA!. PLAT) I'D¥-PLlIOIIQ:UII'tT DI'IDD~VI!I5"'1, 'l'II' ,., 15 ~ -n li~ c,~:o. """". OM upL-. u....,;:. : .... ",. '.. 8y: V,'. e~ IIVI ~ ~ • ~ -...... , nil aIM Dna atT' PloAtI uo ~LL or~'ns ~iC"unlM.~a SHALL •• It.IfC.! ft.1 ~ •.•• ,. '. • ••••••••••• : •••• ~ •.•••.. ~:;~~~~~e~IfZX~::Na::s::S:a;,=:.lr=: A,T:~~O= STATE or IfASHftlO'l'ON:.. f ('" '~~~..... \. ~~Q~;:';::::-~ gf'YTH~: :~.=t~:.~:~t:~ TO SITBACIt ::' :: 01:: «:T,n TK .. o. TK" ~~ ~ .. -.. ,~.~j.'j "'NP ....... 8 ... wl,e····,· ···"·""···", .. " .. u •• ,·f ____ , 19~.t, Buon HI PI1:S0;; ttv APPliUo .~ '.. I .~~. • .... K . Ymo NOR .~;' I HEUSY CIRTIn THAi(·'tltta alIfDlii4·.8Jjl'.,fLA. I8 BASIP ON TH. RAILROAD PROPERTJ., • I CO 'ioN • THA'IJ':..lxtftf'l;IO 'l'HI ,~~. PROPUTY SURVEY AS PADARJp IY BU.H, ·.ED UD Ht'tCKllla., tile •• WITHIN UD roRICOlliG INST.UJlDT AXP ft'elulOVLl:DOID s":ln III!tI'RUMlIf'J'" AIlO RICORDED UNDD lING couifel. UCORDJNa MO, ili'!ll!llOOI. 'I'H4'1' 'I'KI TO I!II: THE 'REI AND VOWNTAR, ~:CT All. 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'\' ';' i iiAHlirid NY. TNt C'ORPORATiQN 4i Ed 4 .WI'I'HP AND 1ORIO01NO IN· \ ::: .: .. :::. STRUII.NT. AND ACKII'OWLIDGID SAlp tNS'I'aWfINT TO 51 "HI ran AWP .~';,; . ..' . VOLUNTARY ACT ANP Dt'co or SAID'CoAPOIlATtON. roR THE USIS UP ,~. '~'.' :: .: ~;:S£S THeRIIII "littIO.ED, ·'\1IP OM OATil UUED THAT .:' h".~ru;r; W!IQ'OB" ~"c;anl ~i 11it'a'&UkbiT. flq;.~" v'Sl 'f:~ weRE, AU'I'tIOJUIID TO .. ;~', 1 R~:V caii"Ey. .. ~··iu. JIIIDHIlft 'PAUlI AU 'HD, T81.'r mag ARI .' ':" ". :. '\.\. 110 baLIIIIGOJIf'P SPMiC'IAL U'UIIID'r' carrlPllD f'a 'mI' o.ncI roa IN WI~NES' w1iDBO,.·;~'8:t-IP CORPOPT:tQII Hli. CAU.ID lPts IIIJ'l'1tUMINT '\·.q)LLICTIc»t .. ,.lUID THAT ALL "ECIAL U'UI!JIODIT8, CD7utm '1'0 'ft(JS ~ 8E EXilcut.tD BY n·I",p.Il0PIR O:"'I~, .THlI PI .... DAY 0,. ~",JCI POR ~ION mr &JrY or ft. J'IlOI'IR'I'Y .DUII OOIfrAnm, :~~"" . .~:~~,. '.".'. .. «1"~\, .' • l""',~~~\' "","\' ,', \. ; ....... ;:D=~~ ~'DA~u::.'m:.:-~~.IC un, All. PUD .. ~N W11'NISS "HCIleO"',. .. t HAYI HIJl:IUWI'O'. SI!'!' MY KAtlP AJlD AF,.IXED IIY ..... ~.-""'" ','. • ... If "b='" Or'tC:I~L~~~L TtlE DA'i~~O YIAR PlRS'l':UOYI VRITl'Df. ,: D~lCI 01' ~ '/'" .\~" •• .c~~/'-' tfJ~~·~j~~l" .. ··'··'·'·""""",,,.) ~'''''':·~'''UBL,c·.·. AI ., .. r. (\ ~.~;~,.\.> .' ~/ I ~ ~ I .; ::-' ··i I """ ~= .""}'. A.. • .'., ; (o~ O' ~.AIICO .ru DPnCl 0. ""'CI r,,:.";s \~t;·;;;&:::·····:<.,.,.~.·"", .. " ... :.,;·,~::d;;IM.' .,", "'-.. " ... , .... , ~± t::-::. ...... AU ... ""'-IHCIAL ... ..:!!.:~~o;a .. • ',.6ir .. oP auailJl'G'l'Olf IIOImIDII OULLU IIfDOI'I'RIAL 'AU ai: .~'.;\\. . ... "'~"~ :: ::.:tc#ia~:~'::::: .c:.":':::J: ~~l~ '".torr I .... ., ................ I. YO ...... 10' O' .... "l', ".,. , .... _,; ....... ~ ....... c lIItO .... &III ......... . 1R?'.·u.+ .. uooaop a. KlIJQ couarn, oaCUDID U .cLUlW81 .... ~:. '~" .,~~",o;.,., !6~ I,i., , un '1 un ..... I O' CI'l1 0 •• ...",. "'" """ ~ ,?-' /, .I. .:~::. ~I~.)k;'.'1Woii;'=J IU-OU-I!I. DCORDID UJ'D~ UICQ COUJrrJ ~'.~. ~"" , -... W'U/'/2- .~. 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"':".: ~ ~ N IN WITNESS WHEREOF, the Grantor has caused thl. instruftlelnt executed by Its proper ome ... cii1d Its corporate seal to be hereunto affixed cloy of Ostplw , 1981. GLACIER PARK CCIMF'ANr'f o STATE OF MINNESOlA e.' co County of Ranuy ". "', ' On this > 13th clay. of ~ oppeGred ' J. C. ~', ' ' ana~::~=::~~~~~~~t . ia rile IcnOWii to be FteiiCIent CiiidA1Sistant Secretay "wlthlri,cii1d.filregolnglristrument ancfacknowledged sold instruinent·to be the 'act arid deed of soid corporotfan far the uses cii1d purposes therein mentioned stated that they were autharized to, execute the sold Instrument one! that the the ~ _I of soid eo.paralton. ' -2- I, oJ. ;.. BURLINGTON ORILLIA INDUSTRIAL DIVISION 108/013 NORTHERN ,,/;'.\ 'PARK OF RENfrOA/.", "" l ( .... ,.:,.; .... I .... , .. f:g:i~~ f1: r::.AJ N~" f; r :: ~ ·'r. . ...... 11'.<11 fM ~ •. JID~J.J r_ .. ·~·~. __ .. .au;..!L-~'.~ STREET ~'; Jf ,-,:-S -:.. 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W. .....tL!'--..STP£ET V14."f.A:....I.;":" . ~£ 1/4 NW ,/,1 ~ .. ,\; .,; G> S~"I:r'!""'~:' ~t ' ~ It .~" .·f ~ :::;:.: .... ~ r """'" -',," .::., :: ..... ~ .4~~~ I .... ~ .. :L. ____ .-"'k"'.,,""-'M·:I ~ : 5:W.~~· 'Tij1iii771 + lOot'~". 'R"'''-''',,,, '110.111 'ar, ,- .. _tW_"",,,,,,.,,"', __ , '1 .\", ~"''''~I! t:J' (10 _~'II 1Id,tIJ,,,,,. £11" IIOIIPI H>q,'.-,lItW 5 ..... 4s.r: 'f,,,., t1t'I6 C';" -'"fltlj~"""IfIIIII"''''.rr_/J$.'O_",.rI'' SHEl!T OF , .. :, i';·.'·'·.'·,"",·,···· ...... · (':81 :,""'~O""'" """""""" .,. BURLINGTON NORTHERN \ \. '''. "::"" '''' .. FILE NO. asp -014-92 A BINDING SITE PLAN::: ". ""'.. . ",.;.' UTILITIES -DRIGINAL PLAT -OVERLAY .': "'. SECTION 30 ,,' t'/Ip. 23 N., RGE. ~ E, WM. :':. "'.,. !'!IIi , .... """"", ,,::~:t t~~ ;:::,~,:, ,,"~ """"--,_-,,,";:':;:'11 ---....-I S.w.,. "', 34TH ".,. ST ...... I ....... -i ........ , I -i-\W. u .. 4;.--:-=~~·\.:---~·~.··--~;,......-.....:..·.-_____ .... :.~. "'~~~: ==\oa~ -'11). , , .. ~r.:----... 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" ... ;~ .'.: u: RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: • • • Alston, courtnage, MacAulay , Proctor 1000 Second Avenue, Suite 3900 Seattle, Washington 98104-1054 Attention: Rohert C. MacAulay RECIPROCAL BASBHBN'r l\OREEHENT lin'lI COVENlIJrlS, CONDITIONS Mil) RESTRICTIONS DBT1JBEN BCWlI. RElILTY CORP. POWELL-ORILLIA ASSOCIATES ... AT REQtlF.5T OF f\l.EO FOR RECOm~ E INStlll\NCE CO • "'RJ\NSi\llllERlCA • 'E , 3?O lOBth Ave-N' ~ p. O. BOX 1493 Bl!u~~e, WA 9S009 L-- J DEVELOPMENT PLANNING CITY OF RENTON FEB 2 3 2004 RECEIVED .--=-:.,====------:o------~--.. -.-.... -......... -.----.- \. N f; 0 P-l" ;,j N <I 0 .:> M ,., 00' W ~ 0 "-N ,.1 Q'l >-O- J .. :. .J '. '" ;-I 0 l-i \oJ I ;:oJ 0 I ''1 -I ,-j I \ lmCI!l'ALS A. B. C. D. E. G o • RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS hND RESTRICTIONS TABLE OP CONTENTS HC Property • • Powell property Shopping Center • • 2HDY • purpose • • • • • • ARTZCLB 1 -DEFINITION OF EXCLUSIVE BUILDING AREA AND COKMON ARE,A". • • • • • • • • • • • • • 1.1 1.2 1.3 ARTZCLB Z 2.1 2.2 2.3 ARTICLB 3 3.1 3.2 3.3 Exclysiye Building Area • Comon Area •..••••• conversion to Common Area -USB • •• •••••• Prohibited Use~ • • • • • • • LYrther Restrictions remitted Uses -BUILDINGS • • Location Fire Protection • • • • • Damage or Destruction . . . ARTICLE • 4.1 4.2 4.3 -COKMON AREA USB • • • • • • • • • • Grant of Easements 4.4 4.5 4.6 4.7 Use • •• • ••• ~ ..... . Ca) No BarrierD (b) staging for Constl~ction Limitations on~ (a) customers •••• (b) Employees (c) General. (d) No Use Fee • • • • ~~nd Service Easements ~. . ..... outside Merchandisi~ • • ~TICLE 5 -COKMON AREA DEVELOPMENT • 5.1 Development Timing -i- 1754/oo5,6/17/92:D1I516 1 1 1 1 1 1 2 2 2 2 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 8 9 9 i: I· r~ " . -" I -,-::::1 '::-12- ;j " ..;;J N ~., ." 0 ;:: l'o .. , N ., 0 :--M :-CoO .,. -' 0 .. :. N ' .. 0') 'I! 0 >-... :::> 0 ell .- ; , " \ " o .. i ART~CLE 6 -COMKON AREA HAI~2NANCE 6.1 Maintenance standards .. 6.2 Maintenance by Agent ARTICLE 7 -INDEHHIFICnTION, INSURANCE 7.1 Owner's Indemnification .•• 7.2 Insurance ••••••.••• ARTXCLE 8 -REALTY TAXES AND ASSBSSMENTS S.l Real Estate Taxes and Assessments AR'l'XCLII 9 9.1 9.2 9.3 -EMINENT DOMAIN • • . • • Owner's Right to Award Collateral Clqim§ • • • • • • Restoration of Common Areas • ARTICLE 10 -CANCELLATION, "ODIPICATION, DURATION • 10.1 cancellation or Modification 10.2 Duration •••.••••• ARTICLE 11 -RELEASE FROM LIABILITY 11.1 Release from Liability ARTICLE 12 -DEFAULT •••.•• 12.1 Default ••••••• 12.2 Remedies for Default 12.3 Attorneys' Fee§ 12.4 Governing Law ARTICLE 13 -~OTICES 13.1 Notices . . ART~CLE 14 -LENDER PROTECTION 14.1 wender Protection •• ART~CLE 15 -GENERAL PROVISIONS 15.1 No Covenant to Operate ••••••• 15.2 Running of Benefits and Servitudes. Successors •••••••••••• • 15.3 Not a Public Dedication ••• 15.4 pocument Execution and Change • 1S.S ~int Venture ••••• 15.6 Reasonableness of Consent 15.7 Lot 1 •••• 15.8 counterparts 15.9 No Consents 15.10 wetlands 15:11 !&L.1 -ii- 1754/005 :6/17192:011516 . . . . Rights of 9 9 10 10 10 10 11 11 11 11 11 12 12 12 12 12 12 12 12 12 14 14 14 14 15 15 15 15 15 15 16 16 16 16 16 17 17 17 NellA·Agr • .,.1 • " ".: ,.' I j ", N 0 I-~ w N B 0 " M .:> u I ~ i h' I 0 '0' j:: I N ". I al ,) ,. !- -' .. :. 'J '0' 0 I-.... ::::J C ", ;- " J \ G • RECIPROCAL EASEMENT AGREEMENT WITH COVENAN'l'B, CONDITIONS AND RE8TRICTIOtiS - This Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Agreement") is made this 30th day of June, 1992, between DewA Realty corp" a Washington corporation ("HC") and Povel1-orillia Associates, a washington general partnership ("Powell"). 0 RECITAL8: A. He Property. HC is the fee owner of Lots 2 and 3 as legally described on Exhibit A to this Agreement ("HC Property") and as shown on the site plan attached hereto as Exhibit B ("Site Plan"). Such Lots may be referred to in this Agreement separately as '''Lot 2" and "Lot 3". B. Powell Property. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on Exhibit C to this Agreement ("Powell Property") and as shown on the Site Plan attached hereto as Exhibj t B. Such lots may be referred to in this Agreement separately as "Lot 111, "Lot 4", "Lot en and "Lot 7". The reference in this Agreement to any "lot" in the Shopping center shall refer to each of Lots 1, 2, J, 4, 6 and 7. c. Shopping Center. The HC Property and the Powell Property shall be referred to collectively as the "Shopping Center" in this Agreement. D. ~. The term "Owner" as used herein shall mean and refer to each person or entity which holds fee title to any portion of the Shopping Center and any successor of such person or entity acquiring said fee title fr.om such person or entity. The term "Owner", unless otherwise provided in this Agreement, shall not include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping Center. E. Purpose. He and Powell desire that the HC Property and the Powell Property be developed Gubject to the easements and the covenants, conditions and restrictions set forth in this Agreement. AGREEMEN'l' , In consideration that the following encumbrances shall be binding upon the parties hereto and shall attach to and run with the HC Propel:ty and the Powell property, and shall be for the benefit of and shall be limitations upon all futUre Owners of the He Property and the Powell Property and that all easements herein set forth shall be appurtenant to the dominant estates, and in consideration of the promises, covenants, conditions, restrictions, -1- 1~"005 :6/17/92 :D1I516 HM·A;r.ne! i! , " ,', I '1. N 0-Q ,~ l' :J N ., 0 '" !.l M ~' I tD ,..: 0 ". N ,I (f) ~. :-,., _.1 . '~i ", a 0- w ::> '" ," I I . ' ~.-••••• ___ • .A_ • easements and encumbrances contained herein, He and Powell do hereby agree as follows: TERMS hRTICLB 1 -DBFINITICH OF EXCLUSIVE BUILDING AREA AND COHHON AREA 1.1 . Exclusive Building Area. "Exclusive Building Area" as used herein shall !IIean those portions of the HC Property and the Powell Property devoted from time to time to building improvements (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in depth), as the same may change from time to time as provided in this Agreement. "Building Service Areas" as .used herein shall mean truck docks, compactor pads, utilities pads, pallet storage areas and receiving areas and similar service areas and facilities constructed solely for the use of the building located within the Exclusive Building Area. 1.2 Common Area. "Common Area" shall be all of the Shopping Center except the Exclusive Building Area, Building Service Areas, and '.)utdoor sales areas (as described and permitted in section 4.7 of this Agreement) as the same may change from time to time as provided in this Agreement. 1.3 conversion to Common Ar~. Subject to the rights of Owners under this Agreement, those portions of the Exclusive Building Area and Building Service Areas on the He Property and the Powell Property which are not from time to time used or cannot under the terms of this Agreement be used for buildings shall become part of the Common Area for the uses permitted hereunder. An area converted to Common Area may be converted back to Exclusive Building Area by its development as Exclusive Building Area, if, at the time of conversion back to Exclusive Building Area, it does not violate any of the terms of this Agreement. ARTICLE 2 -USB 2.1 Prohibited Uses. The owners recogniZe their respective customers' need for adequate parking facilities in close pro~imity to their premises and the importance of protecting such parking facilities against unreasonable or undue encroachment which is likely to result from long term parking by patrons or employees of certain types of businesEl establishments. As a consequence theraof, the Owners covenant and agree that no part of the Powell Property shall be devoted to the use or operation of a mortuary, theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, pool or billiard hal'I, betting parlor, bingo parlor or health club, and no part of the Shopping center shall be devoted to the use or operation of a -2- 175,,005 :6/17/92:DII516 NtvA·Aur.",,' I I:: N i;:i 0 j ['0 " N u i •. l 0 ~: ~ M ..: CD ". 0 " N ,. (1) 1- .J a:. '.> . .. , ;- 0 I- W ::> C .f) ;- , . \ . ., o - pornographic shcp, adult book store, nightclub, or dance hall, or a tavern, cocktail lounge or any facility for the on-premises consumption of alcoholic beverages except as an incidental part of tile operation of a restaurant or other food-related establishment. Each OWner agrees to maintain on its own property parking of £ive stalls for each 1,000 square feet of Floor Area on such Owner's property, or the number of parking spaces required by applicable law, whichever is greater. nFloor Area" as used herein shall mean the total number of square feet of floor area in the buUc:Hng, except that Floor Area of outside sales areas and of mezzanines and basements not open to cllstomers and incidental to ground floor retail operations shall not be counted. The Floor Area of any building sl.all be measured from the outside face of all exterior walls and the center line of party or common walls. During any period of rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediately prior to that period. 2.2 Furtber Restrictions. Except for the HC Property, no building of any size on Lot I, and no building on Lots 4, 6 and 7 which has less than twenty thousand (20,000) square feet of Floor Area, or any portion of a building which has been s£!gregated for a particular user and which contains less than twenty tbousand (20,000) square feet of Floor Area, shall be used for the purpose of selling home improvement items, including without limitation lumber, hardware items, dec.or, fashion electrics, fashion plumbing, floor ccverings, millwork, window coverings, plumbing supplies, electrical supplies, paint, wallpaper, siding, ceiling fans, gardening supplies and patio furnitureJ' provided that the restrictions in this Section 2.2 shall not apply to sales of such items where such sales are incidental to other nonprobibited uses and the gross receipts to the user from such prohibited uses, individually or in the aggregate, do not exceed ten percent (10%) of the total gross receipts for all sales by such user on an annual basis. Each user's sales shall be calculated separately. Notwithstanding the foregoing, the restrictions in this Section 2.2 shall not apply to (a) the following users: Best; Smith '.s Home Furnishings; Rrause'sJ Office Club: Office Oef-ot; PetSmartl Pacific Linen: Circuit city; Future Shop: Magnolia Hi-Fi: Pier 1, or (b) to any other user which sells a product mix substantially similar to the product mix sold by any of the foregoing listed entities as of the date of this Agreement. 2 .3 Penn i tted Uses. Subj ect to the terms of th is Agreement, typical shopping center retail, office and service uses shall be permitted, including without limitation fast food restaurants (with drive-through windciws) and banks or other finanCial institutions (with drive-through·lanes). -3- 17'54/005 :6/17/9Z:DII516 HC\IA-/lgr.ncl , i ! . :1 !.i , .. " l~ i~ I-ii I:: 8 ;.j I.l .:J ,\ '., t=: I •• " ~. ,- --' -:. .) ( .,' ;- 0 0- W :;J Cl I~ . . - N 0 ~ N 0 M CD 0 N en o e • ARTICLE 3 -BUILDINGS 3.1 Location. Notwithstanding the general depletion en the Site Plan attached as Exhibit B of building arees on some of the lots in the Shopping Center, no OWner shall have any restrictions under this Agreement on where a building may be located on an owner's property or where Common Area shall be, except for the following: (a) Any building on Lot 7 may only be located within that portion of Lot 7 which is crosshatched and designated ftLot 7 Building Areaft on the site Plan attaChed as Exhibit B. (b) Any building on Lot 3 must be more than twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property line of l~t 4. (c) Any building on Lots 4 or 6 of the Powell Property must be at least twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east pr.operty line of Lot 4. Cd) The first buildings constructed for long-term use on each of Lots 2 and 3 must be located substantially to the west of the north-south drive aisle line deDignated as "Initial Building Area" on the Site Plan attached as Exhibit B. HC and Powell agree that after the first such buildings are so constructed, any replacement buildings or expansion of existing buildings may be located anywhere on such Lots 2 and J so long as such buildings otherwise comply with any restrictions set forth in this Agreement. Ce) Any building on Lot 1 must be located on the northerly half of Lot 1. (f) All improvements in the Shopping Center must comply with applicable governmental requirements. (g) The curb cuts and access areas on the north property lines of Lots 4 and 6 and the east property line of r.ot 4 as drawn on the Site Plan attached as Exhibit B cannot be relocated, diminished or impaired. (h) . No Change can be made to the access driveway along the north property line of Lot 2 or the access driveway between Lots 4 and 6, all as drawn on the site Plan attached as Exhibit B. (i) HC shall at all times provide reasonable access from the driveway marked as "Access Driveway" at the north of Lot 2 to the access driveway between Lots 4 and 6 also marked "Access Driveway" as shown on the Site Plan attached as Exhibit Band generally in a north-south direction, provided such general north- -4- I 7!04/0OS:6t 17/P2:DUS16 ---.. -----=~~-~~--------- .; I i • .1- .~ " •• I J . " ··0 I.' h' .= ". ,) I=: -' .j 1 '"~ o ~ w ::> o '" N o l' N o M CD o N a') o • south access may be reasonably located upon any portion of the HC Property. 3.2 Fire Protectioo. Any building constructed on the Shopping Center with Ii gross building area, including mezzanines and basements, of twenty thousand square feet (20.000) or more, must be constructed with an automatic sprinkler systelll for fire protection. All other buildings in the Shopping center must be constructed, maintained and used in 8 l:ianner which will preserve the sprinklered insurance rate ol:ltained on any l:luilding required to have an automatic sprinkler system. J • J .I2.alD~e or pestructlQll. In the event of any damage to or destruction of any l:luilding in the Shopping Center, the Owner of the parcel upon which such building is located, at its election, at its sale cost and risk and with all due diligence, shall eit.her (i) restore or replace such building, subject to the provisions of this Agreement, or (ii) raze and remove all parts of said damaged or destroyed building then remaining and the debris resulting therefrom and otherwise clean and restore the Exclusive Building Area affected by such casualty to a level and clean condition: provided that all parking and access on such parcel shall be restored to its pre-casualty condition. ARTICLE .. -COMHON J\REA USE 4 .1 Grant of Ea sements. Each owner, as grantor, hereby grants l'>olely to the other Owners only for the benefit of said other owners and their respective tenants, and such owners' and tenants' customers, invitees and employees, a nonexclusive easement for roadways, "Walk\~ays, ingress and egress, access, the parking of motor vehicles and use of facilities installed for the comfort and convenience of customers, invitees and employees on the Common Area of the He Property and the Powell Property, as more particularly located and described on the attached site Plan, as the same may change from time to time. The foregoing grant of easement is not effective as to any lot which is part of the Shopping Center until construction is commenced on such lot. 4.2 ~. Subject to existing easements of record and the terms of this Agreement, the Common Area shall be used for roadways, walkways, ingress and egress, access, parking of motor vehicles. loading and unloading of commercial and other delivery vehicles, for driveway purposes, and for the comfort and convenience of customers·, invitees and employees of all businesses and occupants of the buildings constructed on the Exclusive Building Area. No long-term parking, park-and-ride, or storage of motor vehicles is permitted. -5- ln4/005:6/IT/92:DI616 HC\IA·A;r .1I'!1 .. . . .. I; .. .. .. ., , I ;; i I I ·: N !': 0 I.i ~ i:i N ,-, 0 v M ,-, ~ ~ ~! 0 t-= N to_ en -, >-:- --' ~:..: -, •• 1 ;- 0 t- '" ::. a ,II ;- -' o o • (a) Nq Barriers. No walls, fences, or barriers of an~' kind shall be constructed or maintained on the Common Area, or any portion thereof, by any party which shall prevent or impair the use or exerciso of any of the easemonts grantod heroin, or the froe accoss and movement, including without limitation, pedestrian and vehicular traffic between the HC Property and the Powell Property; provided, however, reasonable traffic controls, as may be necessary to guide ancS control the o:'lSerly f_loW' of traffic, may be installed so long as access driveways to the parking areas in the Common Area are not closed or blocked. The only exception to this provision shall be (i) for changes to the Exclusive BuilcSing Area and Common Area permitted by this Agreement, and (11) for incidental encroach-ments by an Owner upon the Co~on Area of an owner's property, or as provided in this Agreement, which ~ay occur as a result of the use of the ladders, scaffolding, storefront barricades and similar facilities rOBulting in temporary obstruction of the Common Area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of construction work being expeditiously pursued by an owner on ita property, or as provided in this Agreement. (b) stngina for construction. Powell agrees that HC lIIay temporarily use Lot 1 for HC's staging during the initial construction of the building on Lot 2. HC agrees that Powell lIIay temporarily use that portion of Lot 3 to the east of Lot '" as crosshatched and designated as "Powell -staging Area" on the Site Plan attached as Exhibit B during the initial construction of the building on Lot '" and the building on Lot 6. He may relocate the staging area for Lots 4 or 6 of the Powell Property to a reasonable al ternate location so lonq as such staging area is of substantially the same size and is not significantly more inconvenient to Powell than where the staging area was previously located. Any party using a staging area (i) shall not obstruct any access lanes on the Common Area; (ii) shall keep the staging area in a neat and clean condition during its use; (iii) shall leave the staginq area in a neat and clean condition at the end of its use; (iv) shall use the staging area only for the minimum amount of time necessarY for construction: and (v) shall quit claim to the other party the benefitted party's rights under this section 4.3(b) when the construction is completed on the property for which the staging area is provided. 4.4 Limitations on Use. (a) customers. customers and invitees shall not be permitted to park on the Common Area except while shopping or transacting business in the Shopping Center. -6- 1754/005.6/17192.0U516 Mtl/.h"r.nal I I J I I 1 I l-N ~ e s I" '.' N .:> ,., 0 :: ~ M .= to ". e ,1 N ,... (1'l ,-, .. J .. : 'J ." ;- 0 ... W ::J C II, .-- ( i.,' \ . o • (b) Employees. Employees shall not be permitted to park on the Common Area, except in the Common Area on an Owner's property where the Owner has designated such as "employee parking". The Owners from time to time may mutually designate and approve "employee parking areas", however, if they do not, each owner may formally or informally designate "employee parking areas" on its own parcel for use by such OWner's employees or the employees of such owner's tenants. Notwithstanding the foregoing, no employee parking for the He Property chall be permitted in the area which represents generally the row of parking immediately adj acent to the north property lines of Lots 4 and 6 or in the area which repre- sents generally the first four spaces of the six rows of parking immediately adjacent to the east property line of Lot 4, all crosshatched and designated as "No HC Employee Parking" on the Site Plan at.tached as Exhibit B. (c) General. All of the uses permitted within the Common Area shall be used with reason and judgment so as not to interfere with the primary purpose of the COllUDon Area which is to provide for parking for the customers, invitees and employees of those businesses conducted within the Exclusive Building Area and for the servicing and supplying of such businesses. Public telephones are permitted within the Common Area. Cd) no Use Fee. Persons using the Common Area in accordance with this Agreement shall not be charged any fee for such use without the written consent of the Owners unless such fee shall be ordered by a governmental authority. If a governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of parking spaces within the Shopping center or any other similar fee or charge, then the Owners by mutual agreement shall use their best efforts to institute a uniform fee collection parking system for the Shopping Center. 4.5 Utility and service Easements. The OWl'lers shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services in the locations generally as set forth in the plans attached hereto as txhi~ necessary for the orderly development and operation of the Common Area and buildings to be erected upon the Exclusive Building Area. The Owners will use their best efforts to c~use the installation of such utility and service lines prior to any paving of the Common Area. Any Owner may relocate, at such O~mer' s sole cost and expense, such utility and service lines so long as there is Dinimal interruption in service to any other property in the Shopping center and there is the same or better utility service to the other property in the Shopping Center after the relocation. 4.6 Signs. Except for directional signs for guidance upon the Common Area, no 6igns shall be located on the Common Area on the HC Property or the Powell Property except signs advertising businesses -7- 1154/005,6/17/92:DII516 i r ., : .~. ".1 : .~ " I j ", .. I ':;: ,., '.' ;j '.' w ~ .1 "I ',. " ,... :-,., ...J ;~; '" o I- lLI ::J Q I' ; i N o ['00 N o CO) tD o N (7) • o • conducted therecn. No signs shall obstruct the access, ingress and egress points shown on the Site Plan, as the same may be changed from time to time only in accordance with the terms of this Agreement. All signs shall comply with ur.y governmental regula- tions. Any pylon sign on the Shopping center must be of a quality comparable to pylon signs typically used by national t'etail' tenants. One sign may be located on each of Lots 2 and 3 in the locations designated on the attached Site Plan, as the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located. The Owner of the HC Property shall be responsible for the cost and maintenance of any sign on the HC Property. Lots 1, 4 ".nd 6 may each have a sign in the locations designated on the Site Plan attached os Exhibit B, 010 the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located, and the Owner of the property upon which the sign is located shall be responsible for the cost and maintenance of such sign. One sign may be located on Lot 7 in the location designated on the attached site Plan, which sign shall be constructed by He. Such sign shall be divided into three equal blocks, one on top of the other. Powell agrees that HC may designate the users for the top two blocks of the sign (which users must have businesses conducted on Lots 2 or 3). Powell may designate the user for tile bottom block of the sign, which user must be a business conducted on Lot 7. He shall pay two-thirds of the construction cost and maintenance for such sign on Lot 7. Powell shall pay one-third of the com:;truction cost and maintenance of such sign. A party's share of the construction cost for the siqn shall not be due, and such party's obligation to pay maintenance costs for the sign shall not commence until that party actilally uses the allocated space on the sign • Except for HC's use of the sign on Lot 7 as described in this Section 4.6, no Owner of any of the lots in the Shopping Center shall have the right to use any sign on any other lot in the Shopping Center, except with the consent of the Owner of such other lot, which consent may be withheld in such Owner's sole discretion. 4.7 outside Merchandising. Except as provided in this Agreement, the selling, displaying or merchandising of goods shall not be conducted upon the Common Area. Each Ownet· or Owner's tenants may use the E>idewalk immediately adjacent to the Exclusive Building Area on such Owner's property to the extent allowed by law for the placement of shopping carts and for the display of merchandise being sold from the building on such property and for the sale of food and nonalcoholic beverages from outdoor vending carts, -8- 175~/OOS:6/171g2:DII516 H~·Asr.",,1 a:&GiOiCAiGOli ....... ~ N '" 0 S l" I.' N .:> '.l 0 h' M ;:: ~ I.-0 '.' N ,.. C1'l :- ..J '.:. -, .,1 ;- 0 .... I w =' 0 II. -, ;- " ' ( \ . ' o o • provided the pedestrian use of the sidewalk shall not be unreasonably impeded by any such use. Notwithstanding the foregoing and so lonq as not prohibited by applicable law, any Owner shall have the right to conduct occasional sales or may sell Chri~tmas trees within the Common Area located upon such Owner's parcel, provided. that such activities shall not be cor:ducted within fifty (SO) feet of the property line of any property owned by any Owner without the consent of such owner, which consent may be withheld in such Owner's sole discretion, and such activities shall not interfere with the ingress and egress and traffic flow/drive areas of the Common Area as the same may change from time to time. ARTXCLE 5 -COMMON AREA DEVELOPHENT 5.1 Development Timing, When any building is constructed on a parcel, the Common Area on that parcel shall be developed at the expense of the Owner of said parcel. ARTICLE , -COMMON AREA MAINTENANCE 6.1 Maintenance Standards. Following completion of the Common ~rea improvements on an Owner's property, that Owner, at its sole cost and expense, shall maintain the Common Area on its parcel in first class condition and repair and in compliance with all applicable laws. Without limiting the generality of the foregoing, the maintenance shall include the following: (i) Maintaining and repairing the surfaces in a level, smooth and evenly covered condition with the type of surfacing material and stripillg originally installed or such substitute therefor as shall in all respects be equal in quality, use and. durability; (ii) Removing all papers, debris, filth and refuse and washing or thorouqhly sweeping the area to the extent reasonably necessary to keep the area in a neat, clean and orderly condition, and free of snow and. ice: (iii) Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (iv) operating, keeping in repair and replacing when necessary, such artificial lighting facilities as shall be reasonably required: (v) Maintaining any perimeter walls in a good. condition and state of repair: and (vi) Maintaining replacement necessary • 17S4/005:6t17/V2:011516 all landscaped of shrubs and -9- areas and making such other landscapinq as is fitllA-Agr,ncl I ": : ::' ,',:' : .... I !:" N ~ 0 ~ c., N '" .., I 0 ~: ~ M ,;: U) c,. 0 ,) N :-C") 1-,., -' .:: '.1 c I ~1 ;- 0 I- uJ I ::> ! Q eI, . I .- j i , I I ~. I , , J o • \ 6.2 Maintenance by Agent. Subject to the revocable lIIutual agreement of the owners, a third party may be appointed as an agent . of the Owners to maintain the Common ArEla in the manner as outlined in Section 6.l.. said third party may receive a fee for such agency whicb fee 1s mutually acceptable to the OWners to cover supervision, management, accounting and similar services and which fee is to be allocated among the Owners based on their lIIutual agreement. ART~CLB 7 -INDEHNlFlCATION, INSURANCE 7.1 Owner's Indemnification. Each OWner ("Indemnifying Owner") hereby agrees to defend, indemnify and hold harmless t.he other Owners and other Owner's tenants from and against all demands, claims, causes of action or judgments, and all expenses and reasonilble attorneys' fees incurred 1n investigating or resisting the same, for bodily injury to person, loss of life or damage to property (1) occurring on the Indemnifying Owner's parcel, except to the extent caused by the negligence or willful act or omission in whole or in part of any other owner or the tenants of such other Owner or the employees, contractors or agents of such other Owner or tenants, or (ii) occurring on another Owner's parcel if caused by the negligence, willful act or omission of the Indemnifying Owner or the tenants of the rndemnifyinq Owner or the employees, contractors or agents of such rndemnlfying' owner or tenants. To the extent the Indemnifying Owner is liable with another person or entity for any demand, claim, ~iluse of action or judgment, the foregoing indemnity shall only apply to the Indemnifying Owner's· portion thereof. 7.2 Insurance. Each Owner shall obtain and maintain comprehensive general liability insurance during the term of this Agreement. The limits of liability of such insurance shall be not less than TWo Million Dollars ($2,000,OOO.00) combined single limit coverage for injury to person, loss of life and damage to property arising out of any single occurrence. Tbe dollar limit set forth above shall be increased on the commencement of the sixth (6th) year after the date of this Agreement and at five (5) year intervals thereafter by agreement of the Owners who shall mutually agree by using commercially reasonable limits with reference to the limits of insurance. for similar shopping centers in King County, Washington. He may self insure for its obligations under this Section 7.2 provided that it maintains a net worth of at least $75,000,000 at all times during such self-insurance and provides any other Owner with satisfactory evidence of such net worth within ten (10) calendar days of such Owner's written request therefor. Upon request, each Owner shall provide the other Owners with a copy of a certificate of insurance eVidencing such insurance. All OWners shall name each other as additional insureds on their respective policies (including during any period of construct~on) and &hall obtain contractual liability insurance for their indemnification -10- 17541005:6/17/92:DII516 "evA ·Agr .ne\ ...... *"'a - I N t:;-o !:i r-0.: N :.> .. 0 u M !.1 ',I to 0,.: 0 l-N ". -' Cl ~. 1-'·1 _I ".j I, ~ ;- 0 "I ::> c ,II ,- " , ~ e o .. obligations under this Agreement. No policies may be canceled without thirty (30) days notice to the other OWners, subject to any lesser period of time or other ngreement by applicable insurance companies. ARTICLE 8 -REALTY TAXES AND ASSESOKEHTS 8.1 Real Estate Taxes and Assessments. It is intended that all real estate taxes and assessments relating to any portion of the Shopping Center or improvements thereon, or the ownership thereof, shall be paid prior to delinquency by the respective Owners thereof, including without limitation those taxes and assessments which arc levied against that part of the Common Area owned by each owner. In the event any Owner fails at any time to pay before delinquency its taxes or assessments on any portion of its parcel or parcels, and which may become a lien on any of the Common Area, then except while the Validity thereof is being contested by judicial or administrative proceedings, any other owner may pay such taxes and/or assessments together with interest, penalties and cost, and in any such event the defaulting'Owner obligated to pay such taxes and/or assessments shall promptly reimburse such other owner for all such taxes and/or assessments, interest, penalties, and cost and other charges and until such reimbursement has been made the amount thereof shall constitute a lien and charge on the defaulting Owner's parcel, subj~ct and subordinate, however, to any bona fide mortgage o~ deed of trust ~ade in good faith and for value then outstanding against said parcel. If allowed by the assessing agency, assessments may be paid in installments for the longest period permitted so long as no delinquency occurs. ARTICLB 9 -EMINENT DOMAIN 9.1 ~rts Right to Award. Nothing herein shall be construed to give any Owner any interest in any award or payments madli! to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's parcel or construed to 9ive the public or any government any rights in the Shopping Center. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Area, the award attributable to the land and improvements of such portion of the Common Area shall be payable only to the Owner in fee thereof and no claims thereon shall be made by the Owners of any other portion of the Common Area. 9.2 CQllateral Claims. All other owners of the Common Area may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another owner. -11- 1754/005:6/17/9Z:DII5I6 KCIIA·Agr.nc1 a ,0) ,'j ,. " r ! I I i " I I N t:-o 9 ~ :3 N l> Q ..:> i M ,., ' .. CD i= Q ". N ,) a') :-:-,., -! ~j h' ;- 0 I- w :::l 0 '" . ,- " " .' \ , .. o o 9.3 ~storation of Common Areas. The Owner of the fee of each portion ot the Common Area so condemned shall promptly repair and restore the remaining portion of tho Common Area owned by it as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer without contribution from any 'othAr Owner. ARTICLE 10 -CJ\HCELLA'l'ION1 MODIPICA'l'ION, Dtml\TION 10.1 Cancellation or Modification. This Agreement may be cancelled or modified only by the written agreement of all owners of the Shopping center, which cal1cellation or modification agreement shall be recorded in. the office of the county Recorder of the county in which the Shopping center is located. No Owner shall unreasonably witllhold or delay its consent to a proposed modification to this Agreement. Without specifying o~.ber reasonable grounds for withholding consent, an owner may withhold consent based on material adverse financial impacts to an owner's parcel in the Shopping center as a result of the requested modification. 10.2 Duration. Unless otherwise cancelled and terminated as permitted herein, this Agreement shall continue for sixty (60) years from the date of this Agreement and shall be renewed for an unlimited number of successive terms of ten (10) years, unless all Owners agree otherwise; however, all the easements granted in this Agreement shall continue in perpetuity. ARTICLE 11 • RELEASIl FaOM LIMlILITY 11.1 Release from Liability. Any person or entity acquiring fee or leasehold title to any portion of the Shopping center shall be bound by this Agreement only as to the parcel or portion thereof acquired by such person or entity. Such person or entity shall be bound by this Agreement only during the period such person or entity is the fee or leasehold owner of such parcel or portion thereof, except as to obligations, liabilities or responsibilities that accrue or ere based on events which occur during said period. Although persons or entitles may be released under this section, the easements, covenants and restrictions in this Agreement shall continue to be benefits and burdens upon the Shopping center running with the land. ARTICLE 12 -DEFAULT 12.1 pefault. In the event of default or threatened default under this Agreement, only the Owners sball be entitled to institute proceedings for full and adequate relief from the consequences of said default. 12.2 Remedies for Default. If t-.be Owner of any parcel, during the term of this Agreemont defaults in the full, faithful and punctual -12- 1~/OOS:6/1719Z:DII5'6 10IA·Avr.ne1 I .. t-i:t :,j " '" I.' ." ... : ". , , ,... ,- ..J .. ;. '.1 .. " ~ ,- 0 ... w i ::> 0 ." ;-I I N o ['00 N 0 M CD 0 N (1) o .. performance of any obligation required hereunder and if upon the expiration of thirty (30) days after written notice from any other Owner stating with particularity the nature and extent of such default, the defaulting OWner has failed to cure such default, and if a diligent effort ~& not then being made to cure such default, then any other Owner (nperforming OWnern ), in addition to all other remedies it may have at law or in equity, shall have the right to perform such obligation of this Agreement on behalf of such defaulting owner and to be reimbursed by such defaulting Owner within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (18t) per annum on the maximum rate allowed by law. Any such claim for reimbursement, together with interest as aforesaid, Ghall be a secured right and a lien shall attach and take effect upon recordation of a proper claim of lien by the claimant in the office of the County Recorder of the county in which the Shopping center is located. The claim of lien shall incillde the following: (i) the name of the clailllant; (ii) a statement concerning the basis of the claim of the lien; (iii) the last known name and address of the Owner or reputed Owner of the parcel against which the lien is claimed; (iv) a description of the property against which the lien is claimed; (v) a description of the work performed or payment made which has 9iven rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (vi) a statelllent that the lien is claimed pursuant to the provision of the Agreement reciting the date, book and page of the recordation hereof. The claim of lien shall be duly Verified, acknowledged and contain a certificate that a copy thereof has been served upon the Owner against whom the lien is claimed, either by personal service or by mailing to the defaulting Owner as provided in Article 13. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced by suit, or under power of sale (which power is hereby granted), judicial foreclosure or in any other manner allowed by law for the foreclosure of liens. A Performing OWner is hereby granted the right to enter upon the parcel of the defaulting Owner for the lim:i.ted purpose of curing a default as provided under this A9reement. Any exercise of the power of sale or foreclosure shall be conducted in accordance with the laws of the state of Washington applicable to the exercise of powers of sale in or foreclosures of· mortgages and deeds of trust. If appropriate, a Performing Owner is hereby appointed the trustee for purposes of exercising such power of &ale, with full right of substitution. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or.deed of tlilst given in good faith and for value now or her.eafter encumbering the property subjected to the lien, which mortgage or deed of trust was recorded prior to the recording of the lien, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise subject to -13- 17S~/[105 .6117192.011516 HtI/A·lDr .... 1 I I. '., III i I ;.:: , ." ,j ,.. 1- ~: j ,. ;- o I- W ::> C ''1 • o • .... the provisions of this Agreement. The failure of the Owner or Owners af any of the parcels subject to this Agreement to insist in anyone or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, sball not be construed as a waiver or relinquishment for the future breach of the provisions hereof. 12.3 Attorneys' Fees. In the event t~at Guit is brought for the enforcement ,of this Agreement or 8S 8 result of any a11egsd default hereunder, the prevailing party or parties to such suit shall be entitled to he paid reasonable attorneys' fees and. costs by the non-prevailing party or parties, including those on eppeal and any judgment or decree rendered shall include an award therefor. 12.4 !loverning Law. This Agreelllent shall be governed and enforced by, and construed in accordance with the laws of the state of Washington. ARTICLE 13 -NOTICES 13.1 Notices. Notices made by the owners pursuant hereto may be served personally or via overnight courier or may be served by depositing the same in the United states mail, postage prepaid, certified mail, return-receipt requested, addressed as follows: If to Powell: Powell-orillia Associates 737 Market street Kir~~and, WA 98033 Attn: Peter W. Powell With a copy to: Robert C. MacAulay Alston, courtnage, MacAulay' Proctor 1000 Second Ave., Ste. 3900 Seattle, WA 98104 If to He: c/o Waban Inc. 140 Orange fair Mall, suite 100 Fullerton, CA 92632 Attn~ Vice President, Real Estate with a copy to: c/o Waban Inc. . One Mercer Road Natick, MA 01760 Attn: Executive Vice President, Finance Notice shall be deemed given when served personally upon or delivered by overnight courier to a person of suitable age and discretion, or if mailed, three (3) days after deposited in the u.s. mail. -14- 175"005 :6/17192:DI616 "[vA-Agr.ne! I I i I l t I I . ? i :t" I~ I ~ " ',,:,> " ~:1 I- ". ,1 ,.. 1- ...J '.:, ... ,- 0 l-i w ! ::> 0 Ii .~ ., .-'I - "t.' / ! . , N 0 ~ N 0 M CD 0 N en • o • The foregoing addresses may bp. changed by written notice given pursuant to the provisions of this Section. ART:ICLB 14 -LENDBR PRO'l'EC1'l:OH 14.1 Lender Protection. This Agreement and the rights, privileges, covenants, agreEments and easements hereunder with respect to each Owner ond all parcels, shnll be Buperior ond senior to any lien placed upon any parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mort9age or deed of trust made in 900d faith and for value, but all of the covenants and restrictions, easements and conditions and other provisions, terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity (including any mortgagee or beneficiarY under a deed of trust) who acquires title to any parcel or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. ARTICLE 15 -GENERAL PROVISIONS 15.1 lLo Covenant to Operate. nothing 'either expressed' or implied, contained in this Agreement shall obligate any Owner or any Owner's tenants to continuously operate any type of business .on its parcel. 15.2 HYnning of Benefits and Servitudes. Rights of Successors. The easements, restrictions, benefits, and obligations hereunder shall create mutual benefits nnd burdens upon all the parcels of the Shopping Center running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. The singular number includes the plural and any gender includes all other genders. 15.3 Not a Public Dedication. Nothing hereln contained shall be deemed to be a gift or dedication of any portion of the COllllllon Area to the general public or for the general public or for any public purposes Whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Common Area or the parcels herein affected, or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the Owners. Notwithstanding any other provisions herein to the contrary, the Owners by mutual agreement may periodically restrict ingress and egress from the Common Area in order to prevent a prescriptive easelRent from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive -15- '75"~S :6/17/Q2:DII516 RC\lA-A;r ,nel I ~ N ~ 0 '.' ;j {'-'.1 .:.> \ N t.l 0 ',\ M .= CoD ". 0 ,) N ,. :-0') .J "'j 0 I- 10J ::> 0 '''1 I ;- Ii. . \ I o • easement and shall occur at such a time as to have a minimum effect on the operation of the Shopping Center. 15.4 Document Execution 2nd Change. It is understood and agreed that, until this document is fully executed and delivered by the authorized corporate officers of the parties hereto, there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. It is further agreed that, once this document is fully executed and delivered, it contains the entire agreement between the parties hereto and that, in executing it, the parties do not rely upon any stat:ement, promise or representation not herein expressed and, except as permitted by Section 10.1 of this Agreement, this document, once executed and delivered, shall not be modified, changed or altered in any respect except by a written document executed and delivered in the same manner as required f'Jr this document. 15.5 No Joint Venture. It is not intended by this Agreement to, and nothing contained in thi~ Agreement shall, create any partnership, joint venture or other joint or equity type agreement between the Owners. '15.6 Reasonableness of Consent. Unless otherwise provided herein, whenever an Owner's agreement or approval is required under this Agreement, such Owner shall not unreasonably withhold or delay such agreement or approval. 15.7 Lo~. Powell intends to develop Lots 1 and 7 in the future, althcugh there are no current plans for such development~ other than the terms of this Agreement, no Owner may place any restrictions on the development of Lot 7. Powell agrees to not commence the processing of any governmental entitlements for construction on Lot 1 until the earlier of (a) that date upon which He has commenced construction of imprOVements on Lots 2 and 3; or (b) that date which is two (2) yean from the date of this Agreement. Prior to any development of Lot 1, Powell will be l-equired to obtain applicable governmental approvals. Powell's development of Lot 1 shall be subject to site plan approval by the Owner of Lot 2, which approval will 'not be unreasonably withheld or delayed. In connection with any development on Lot 1, Powell agrees to not'disrupt the traffic flow on Lot 2, not diminish any utility services provided to Lot 2 and not provide any off-site amenities to obtain approval for development on Lot 1. He agrees that in connection with any development on Lot 1, Powell may make curb cuts directly opposite and to match the curb cutG on Lot 2 which are directly opposite the Gouth border of Lot 1, as designated on the attached Site Plan and as the same lTIay change from time to time, all such work at Powell's sole 'cost ana expense. 15.8 counterparts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document • -16- 1754/005 :6/17/91:011516 MCIiA-Aar,ncl i ( r. :, ,I I N 0 I:;-l' w N ~ 0 <I M .;:. '.1 to h' I 0 ;;: N h-al ,) >-::-; -' . .:: .J t. , :~ ;- 0 I- ..... ::> 0 or, ~: '\ , . o • only the original counterpart signature and notary pages need be recorded with one copy of this Agreement. 15.9 No Consents. Except as provided in this Agreement, development on any property covered by this Agreement is not subject to any consent from or to HC or Powell. All development wi11 be subject to satisfaction of applicable lot coverage, density, parking and other zoning and land use requirements of any governmental authority with jurisdiction. 15.l0 Wetlands. As part of the governmental approval for develop- ment of the HC Property, the Owner of Lot 7 must provide and agrees to provide to the city of Renton one or more easements for wetlands preservation of approximately 65 feet in width, or such greater area as required by the city of Renton for the development of the HC Property as such development is currently approved by the city of Renton. Powell understands that the legal description for the wetlands preservation easement is as currently set forth in attached bxhipit F. such easement will be recorded separately. All costs associated with the maintenance of the wetlands preservation area on Lot 7, except real property taxes, shall be paid by Lots 2 and 3. The wetlands easement area shall be maintained to a standard designated by HC. 15.11 Lot 7. Powell, as Owner of Lot 7, hereby conveys and quitclaims to the other Owners in the Shopping Center for the benefit of the Shopping center a perpetual, non-exclusive easement for ingress and egress, and access over and across that portion of Lot 7 legally described in attached Exhibit E ("Driveway Easement Property"). The costs to maintain the Driveway Easement Propp-rty shall be shared prorata by all the property in the Shopping Center, provided that no lot is obligated to contribute to maintenance costs for the Driveway Easement Area until construction commences on such lot, and then only for such lotts prorata share of mainte- nance costs thereafter. The prorata share shall be the percentage which the square footage of a lot upon which construction has commenced bears to the total square footage of all lots in the Shopping center upon which construction has COl1llllenced, except Lot 7, which square footage shall be deemed to be 30,000, ana Lot 1, for which the lot square footage shall be determined based on the buildable area of the lot, excluding property dedicated to wetlands preservation and similar to the method used by Powell to deter1lline the buildable area for Lot 7. The following square footages for lot size shall be used for purposes of this section 15.10: 175'/005:6/17/92:0\l5 16 Lot 2 Lot 3 Lot 4 Lot 6 Lot 7 Lot Square Footage 445,313 586,312 35,000 35,000 30,000 -17- HCIIA-Agr.no1 - I ~ It -, ,:~ ! . .. ~~ U r ~'.~ ~. ~.i I> ~ : . ! '1, , .' !:~. :7" ., .- : .. -.;; '.-: ;.~ • !~ r . , ; ~~ ':. I'~ !:! :,', :j i'~ ,/ I} ."! :1 j-; U :. ~ I N 't= 0 ~ ~ :j N tI .:> 0 1.1 c-) 10' ;.L; CJ') t-O Io. N ,~ , a') :-,-... ...J ...:: .'j I.' .:~ :- 0 ... .... ::> 0 'I') ·1 ,-.~ ! r .' . i' • • • ,I ,. He shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a prorata share of such maintenance costs fails to do,so within ten (10) business days of written demand therefor ilcco\llpanied by sUbstantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. HCWA REALTY CORP., a Washington corporation By ______________________ __ Its, ________________ ___ By~,~ ________________ .... Its, ____________________ ___ EXHIBITS A - B - C D -E -F - Legal Description of HC Property site Plan Legal Description of Powell Property utility Plan Driveway Easement Area Wetlands Preservation Easement Area -18- 1754/005:6;17/92:DII516 i . ~~:~; . . ' .. ~' :':", I',' j .~ j!: ,;-,. ,. ;.i :: I ~I .... ,~ S t.l .:I LI ~:! i= "-.:> :-I-,-, ...J .,; .'l ~. I:~ ;- 0 ... uJ ::> 0 ", I- " " _. N 0 ~ N 0 COl) CD 0 N en ~ STATE OF WASHItfGTON COUNTY OF ...;.(Ut-"'-"-i~f--_ • o • ss. On this ~ day of ~~ , 1992, before me, a Notary Public in and for the state of Washington, duly commiosioned and aworn, personally appeared Lloyd W. Powell and Peter W. POWell, to me known to be the general partners of POWELL-OIULLIA ASSOCIATES, the partnership nomed in and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said partnership for the uses and pUrposes thorein mentioned. I certify that I know or have satisfactory evidence' that the persons appearing before ~e and making this acknowledgment are the persons whose tr~e signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. ~!J.~I- NOTARY PUBLIC in and for .S te of Washington, residing at =-~~~~ __ ___ My cOllilDission expires: ,fj:;: -19- 1154/005:6t1719Z :DV516 .....;::;.....----~ ___ ..,.0K7 ...... ...,_ ... __ ..... ________ ... ___ ~ __ ., ... ",,,. _"' __ ' ____ ._._,..,... ___ ,.~,", __ ._ . I . .. -... " .. , i= I' i: ... -' . .; ,'J < .~~ ;- o .- uJ ~, 1'1 H' i ,.' \ N o ['0 N o M c.Q o N en • • • He shall maintain the Driveway Easement Area to a standard as designated by He in its reasonable discrotion. If an 01o.'Jler obligated to pay a prorata sharo of such maintenance costs fails to do so within ten (10) business days of written dE!IilBnd therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18') per annum until paid and the other Owners shall have the rights and remedies provided in section 12 of this Agreement. IN WITNESS lYHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a Washington general partnership BY~~~~~~~ ______ __ Lloyd W. Powell General Partner By __ ~~~~ __ ~ ______ ___ Peter W. Powell General Partner EXHIBITS A -Legal Description of He Property B -Site Plan C -Legal Description of Powell Property D -utility Plan E -Driveway Easement Area F -Wetlands Preservation Easement Area -18- 17541005 :6/17192:011516 --~.,..""........",,"""""-...... -----------------.-.--... -----.--.. --.---... I t:: ,~ ~ " 0 < , 10' :L: I- 1,- " ,.. 1- -' ..:: ., t" ':1 ;- 0 I-.... ::> c ,,, ;- .' \ N o l'-N o M CD o N en CUi ih"..ni,,- STATE OF UirSUINt3'l'ON COUNTY OF OYdl)'tl' • • • SSe On this 2.3 .. 0/ day of Jun=e. I 199:<: I before me, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared .John F-u.v'J ;ulCl __ to me known to be the pr~5 i cI-cn!-r aRa , ~D~eetiYc~, of HCWA RFALTY CORP., the corporation namea in and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written,.. \ '-lo.~I~ NOT PUBLIC in and for the State of I!~._I~:~ Haehbtl!ten, residing at 11"'.~.".,;tr.., I d-h My commission expires: tj-/v"'<;? -20- 115"005: 6117/02: DII516 HCIIA-Agr .nol I ", I \ \ I I- i.j :. .. : ;..) II 0 Ll I.' :c I- h. -, ;-I- ..J aJ: ,'J C' ,,' ;- 0 t-... :J C , .... ,-0 1- ( ..• 1 I " N 0 t'-N 0 C"l t!) 0 N en • • \ • ( - He shall maintain the Driveway Easement Area to a standard as desiqnated by He in its reaaonable discretion. If an Owner obligated to p~y a pro rata share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoiceD, then interost on the unpaid amount shall bear interest at eighteen percent (18t) per Bnnum until paid and the other owners shall have the rights and remedies provided in section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a Washington general partnership RCWA REALTY CORP., a Washington corporation By~~~~--~---------Lloyd W. Powell By _______________ , ________ ____ General Portner Its ____ ~~~~=,~~~ ______ _ By~~~~~--~--------Peter W. Powell BJ-4=~ General Partner Its "-"""""" .... " URIBI1B A - B - C -D -E -F - Legal Description of He Property site Plan Legal Description of Powell Property Utility Plan Driveway Easement Area . Wetlands Preservation Easement Area -18- 17541005:6/17/92:010'516 HCIIA·Agr.nol I "'1 . \ . !:' w :..: ;.:> 11 0 L' .. , :C t- h •. ,~ ,... 1- .~ -' .,; 'J ~ . .. , ;- 0 t-. ,,' ::l C ." 0- " .,' 1 ~ 0 t-C'l 0 M cD 0 N O'l . \ ~ OF WASIIIlIGIOR COUNTY OF ~ SB. • • • On this ~~ day of' ~ , 1992, before me, a Notary Public in and for the State ~hinqton, duly commissioned and sworn, personally appe~dA~~ ~ , to me known to be the ~~~~ , respectively, of HCWA REALTY CORP., the corporation namod In and which executed the foregoing instrument; and they acknowledged to me that tbey signed the same as the free and voluntary act and deed of said corporation for the uses and purpODes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this aC~lowledqment are the persons whose true signatures appear on this dccument. WITNESS my hand and official soal the day and year in this certificate above written. N~y'fpu~1~~the ~ ~&j9~, residing at ______ _ HycoziliImon expires: _______ _ MARY T. SLATTERY NDllIry Public ' r' '. MyCommlsalDn Ellplroa March 12.1993 : :':.: . .... -20- , 7S4/005 :6/17/92:011516 KaIA-Agr .Ml '" ..... __ .. 1 I • • ... EXlIIBIT "A" LOIS 2 nlld 3, BtmLINGTON NOltTIIERH, A BINDING SITE PLAN, ACCORDING TO CITY OP IIEHTON IIlNDIHC SITE PLAN RECOMB» JUNE~ 1992, IN VOLUME 1(,/ OF fLATS, PACES r-1/ , AS KING CODNTY RECORDING NO.~)<)2tc;~ ..: ~ N :j 0 '-' ~ .:> .., N '" 0 :.1,; ... M .. ". tD ,~ 0 ,.. N .-... en .J ..:: ." c ':~ ;- 0 ... ... ~ CI v, .- I .. ' ____ .-___ . _______ 1 !:-w ~ 0 ..:> L> '" ~J.:. l- ". ,) ,.. :-.~ ...J --: 'J <" I:! :- 0 l- W => 0 '.'l ;- I I' i ! I I I"' " i I • ,:'--'-'-'-"-~~:.'--"---~~r-~--~'~'-----------'--~:~~-~---~~~----'-----""---, ~ ~::g== p .... _--- _.--.. '''1' -..---, ... .......... --_. =::-.: :=-- NJr A' ..... ' _._._._._._._._._._._._._._._._._._._._._._.-_._._._._._._._.-._._._._._.-. __ ._._._._._._._._._._._ .... _-; ..... I f EXHlPlIT 6 L·======'""' ______ ... ______ n. ___________ -... ·:;.~: .. ;.·· ;:·-~:·:._:· .... ··-:-.~·.':"-·:_';r····r' .. _._ ,",-'.-'. ·-\ i I I-.i:; i3 t.l ~ <1 10' ;J.; l- I •• .. , :-1-u. J .,; ,'J t· I :~ ;- 0 I-... ::> 0 '" !: I -' ~ N ~ N o M CD o N al • p" "'S' ..... .-:',':',"f 0.,. ·······Pi'@f· ... ·.:r····· :ftr;· ... ·· ... S. ;·-.--'---.-• .ojj!r,,----,-~--.-.. orr_~~...,..;..~--.-.-.---'""":<L"~-=·r--__n.7"~~--,-------.---._.~. I i ,.. .. I I .. --~-... :::.::. .. -:::..-:.-:=::.::: .: ..... "J __ .. ----_ ... . -----.. . eft s,.,na ~_ _r .... ----. ~-~ ==--= _r as: ~ ...... -" :-...:-: ---------, ---_. -..---._----.... _ .... - . --.. ,-_. --_ ... ---.. ... :"1 ... ·.·._.----... . --_ .. . ... _---_._----,-_ ........ - lOT A'NU -",:'--_._._._.-",._ ... -._. S.W. 41ST STREET ' ...... ", " ... ,_,._,_,_0_ ... , .. ' I h' i= ,- o t- W ::> o "' ;- . . • . ''iss''''',,'' .ft' .••. ' .. N Q l'-N o C"'J CD o N 0') -~.-.- I ,.. ~. ..... _-----, ::.=-... -, ==::-=.=-p .... _--_ .. ====-E: ::.=: :.:.--_ ...... IOI'~NU ._ .... _._ .... _._._._._._.-._._._._._._._._._.- S.W. 41ST STREET '.,,,: ~·tff:ri.· ... ., -'i <: -.. -I, (-ii ~ ! -\ -;1 -,: l ( . i\ I'· : " 01 ;.~ : ;:~ l ", .n . i;~ .... :i.f •• •• 1 I :>t ( rl I,i w . .. t ~~ t ";; ;J :\ '" i ~ I':: ". : ",:' .. ... ! ~ ,'; i ~~ I.' I:' ,:., " " -J ~; ii :1 I • • EXIlIBIT nC" Loto 1,4,6 aDd 7 BUBLINCtON HORmERS, It. BlNDIlfC SITE I'I.AN, ACCORDING TO CITr OF IlERl'OH BlNDlIfC SITE PLAN RRCORDiUI.JUNE '30 ,1992, IN VOI.lllIB u:, I OF PLATS, PAGES e-. II • AS KINC COUNTY Rl!COIUDNC NO. ,?2ntr:e UZZ6 .... ~ ?.i N '-' Q 0 <.l ~ '" :1.: til .... 0 I I ". M .• :J: CD :-1-l 0 ... N .J ~ <n c.· ", ;- 0 .... uI :::> C ''l ;- ~ . .' i I .--:-.-=----~---------..... "'"' ..... -.......... ~'.-:-.-.. , . .".. .... -......... , ....... _ . . .~ N C ~ N 0 M CD C N C1l ~ ~~ :.j " Q :l ·of I I ~ . '0. ,1 ,. ,- J ":, .. ' ! - 0 I ... . w i :::> '" I '" .. --! I I \ I I I J I ! ! : "U ;0 rn r ~ Z > ;0 -< C) ;0 :t-0 Z G) ~ C -l F ~ :~~ jJ,,~ ~-o .r I "::Pi' C?:a: I I '-- > Ul .,., - =-1 I , I I J ~ I I I ------I: I I -I I -:,.-:.-~:: . 1 I:: o ::::; u. u' !.' ! ;- .\ .' N 0 l'-N 0 M Cl) 0 N "'>1 j I I i .\ ! j. i I 1 , 1J :;0 m r ;;: z > ::0 -< (;) ::0 7> .bO qZ '(;) C? PI' c -I F =i -< -0 r o § ,. ." ~ ii r ~:'::';:;:;"';;;;"":';'=';:;";:';:;~ml f ACE OO~OOIIDIER!~~UD 'II ARIEOiOUSIE VAHGlett ..... t¥H\&If' 12 ..... .. Hi === \ I I I \ , '. ~ 'I I i; f· ; :: !~ r I i : :;'.: , ~ i.:i ~ ... .:> !.l ' .. I ;= f,. ,~ >-N :-,., 0 ..J ...:: l' .J ,. N '" 0 .. ' C"!) 0 CD I-0 .... N ::> '" 0 '" ,- . , " \ .' , • .. .. BUSH. ROED & HITCHINGS. INC. EXHIBIT E ----- ACCESS EASEMENT DESCRIPTION THAT PORTIOr; OF LOT 7 Of BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUl1E .It.L-_ OF BINDING SITE PLANS, PAGES JC:_ THROUGH -iL_, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, HAVING 15.00 FEET OF SUCH \~lDTH ON EACH SIDE OF AN EASE~IENT CEN- TERLINE DESCRI BED AS FOLLO\-IS: COMMENCING AT TilE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 01"50'09" EAST 18.00 FEET ALONG THE EAST LINE 'l'HEREOF TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO 'l'HE tlOR'l'HEAST HAVING A RADIUS OF 120.00 FEE1' (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 00"54'35" :-IEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: THENCE I-IESTERLY AND NORTHWESTERLY 109. JJ FEET ALONG SAID CURVE THROUGH·A CENTRAL ANGLE OF 52'12'09"; THENCE NORTH 36"53'17" WEST 173.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 120.00 FEET; THENCE ~ORTHI-IESTERL'i AND WESTEP.LY 83.40 FEET AJ.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39"49'13" TO THE WESTERLY LINE OF SAID LOT 7 AND THE TERMINUS OF SAID EASEMENT CENTERLINE, AND FROM SAID TERMINUS SAID POINT OF BEGIN- NING BEARS SOUTH 49"02'54" EAST, 352:66 FEET DISTANT. TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEIIRS SOUTH B3°06'18" EAST); THENCE NORTHERLY 25.B5 FEET ALONG SAID CURVE AND WESTERLY LItlE AS SHOWN ON SURVEY REcoRCEU IN VOLUME 80 OF SURVEYS PAGE 156, RECOHDS OF SAID KING COUNTY, THROUGH A CENTRAL ANGLE OF 00"4J'29"; THENCE SOUTH 8:!· ~ 9' ~ 7" EAST 8. B 0 FEET ALOIIG A LINE RADIAl. TO THE PRECEDING CURVE 'l'0 'l'HE BEGINNING OF A NON-TAN~ENT CURVE CONCAVE TO THE NORTHEAST HAVItIG A RADIUS OF 35.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 82°50'29" \.,EST); THENCE SOUTHERLY AND SOUTHEJI.STERLY 43.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70':;9'1)2" TO 51110 NoRTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND II POIN'l' Of CUSP WITII A CURVE CONCAVE TO THE SOUTH HAVING A R/,DIUS OF 135.00 fEET (A RADIAL LINE THROUGH SAlC POINT OF CUSP IIEARS NORTI! 26"30'29" EAST); THENCE \,ESTERLY 32.76 FEET ALONG SAID CURVE AND r:OR'l'HEnLY Nl\RGIN THROUGH A CENTRAL ANGLE OF 13"54 '21" TO THE POINT OF BEGItlt:lING; 1/2 I I I • I • • . ; i N I l-.:;,. 0 '.~! ::j ~ '.' N ·0 I.' i 0 ,., M ;.:: t:l "-0 ., N i= CT) .. , -' .. :. .) '" 0 I-... ::> Q ,f) 01 o • \ BUSH, ROED a HITCHINGS, INC. ALSO TOGETHER IHTH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOL- LOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHlo/ESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH- WEST HAVING 11 RADIUS OF 105.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 14°07'06" EAST); THENCE EASTERLY AND SOUTH- EASTERLY 71.4GFEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF :;ao59'J7" TO A POINT OF TANGENCY ON SAID SOUTHWESTERLY MARGIN AND A POINT OF CUSP \UTH 11 CURVE CON- CAVE TO THE SOUTH\O/EST HAVING A RADIUS OF 35.19 FEET (A RADIAL LINE 'l'HROUGH SAID POINT OF CUSP BEARS NORTH 53 °06'43" EAST); THENCE NORTin-iESTERLY, I-IESTERLY I SOUTHI~ESTERLY AND SOUTHERLY 80.63 FEET ALONG SAID CURVE TIiROUGH A CENTRAL ANGLE OF 131"16'32" TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE OF LOT 7 ImICH BEARS SOUTH 80°46'54" EAST; THENCE NORTH 80°46'54" WEST 3. GO FEET TO SAID WES'fERLY LINE OF LOT 7 AND THE BEGINNING OF 11 NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET; THENCE NORTHERLY 52.70.FEET ALONG SAID CURVE AND ,.ESTERLY LI~E 0 F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 OF" SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF 01"28'39" TO THE POINT OF BEGINNING. THE SIDELINES OF THIS EASEI1ENT SHALL BE SO SHORTENED OR LENGTH- ENED SO AS TO TEmlINATE IN SAID EAST LINE AND SAID WESTERLY LINE OF LOT 7. SITUATE IN 'l'HE CI'fY OF RENTON, KING COUNTY I l~lISHINGTON THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0.28 ACRES), HonE OR LESS. 2/2 PO\,ELL DEVELOPHENT BURLINGTON NORTHERN BSP \nLLIAM A. HICKOX, P.L.S. BRIi JOB NO. 91407,08/SUR54B JUNE 23, 1992 REVISED JUNE 26, 1992 :'" ,.,: ,; f-i I t-w ~ u u ~, .. , :.L.: .... 1.-,J ,.. ,-.-. J ...; .'J C hI ;- 0 I-... ::> 0 <', ,~ ,., .... ' '. ., ,. . ~. N 0 ~ N 0 M tD 0 N (j) : 'I \ • • . . , \ • ........ _ .......•• t •• · •••• ~ BUSH. ROED 8: HITCHINGS. INC, EXHIBIT F SOUTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN TH~REOF RECORDED IN VOLUME ~ OF BINDING SITE PLANS, PAGES lr~ 1/ .' RECORDS OF KING .cOUN~ WASHINGTON, DESCRIBED AS FOLLOWS: ' BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH Bso09'51" WEST 75.00 FEET; THENCE SOUTH 01"SO '09' WEST 383.62 FEET; THENCE SOUTH 55°26'54" EAST 3.99 FEET TO SAID EAST LINE OF LOT 7; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO COURSES: THENCE NOR'!'H 28°33 '51" EAST 159.29; THENCE NORTH 01°50'09" EAST 243.51 FEET TO THE POINT OF BEGINNING. . SITUA'!'E IN THE CITY OF RENTal', KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN SSP WILLIAM A. RICI(OK, P.L.S. JUNE 2, 1992 91407.0S/SUR54B ~.!.--------,..---,---- I . ) • ~ ,7.i '.' :;; <.l .;:J ! " ... ;;; ". -' :-.- -' . ..: . .• ' r. ", .- 0 I- o.! ::> 0 ,,, ;- • Rol/rooCi Ri9'" 01 ~V .I {'}'i'" :") ,,,,I .••. , •• ,.' No Scale ( I SOUTH WETLAND' ·SKETCH POWElL DEvaOPMENT BmLNGTON NORTlERN BN>ING SITE PLAN ~BY: BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS SEATTU, WASHINGTON 323'.14. JOe NO. 91407.08 6-8-92 CLC WAH 0- .. -I \ N 0 r. i ~ w N 5 0 .... M .:> CD Col .. , 0 j:: N Il,.; (7) .> . ,.. 1-° .~ ...J ...: o'J ~. II! ;- 0 I- w ::> 0 II' 1- ., • • . - - BUSH, ROEO Be HITCHINGS. INC. EXHIBIT F NORTII WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THI:REOF RECORDED Iff VOLUME ~L OF BINDING SITE PLANS, PAGES S--I/ ,RECORDS OF lUNG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING A'r THE CORNER COMMON TO SAID LOT 7 AND LO'l'S 2 AND J OF SAID BINDING SITE PLAN; THENCE NORTH 8e·e9'Sl" \-lEST 70.00 FEET; THENCE NORTH 01°50'09" EAST 472.81 FEET TO THE NORTH LINE OF. SAIl) LOT 7 ; THENCE SOUTH 87"50 '47" EAST 70.00 FEET ALONG SP.ID NORTH LINE TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH 01°50'09" WEST 472.42 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 33,083 SQUARE FEET (0.76 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN asp WILLIAM A. HICKOX, P.L.S. JUNE 2, 1992 91407.0a/SUR54B o I , ..... -, ... .. ::' . ? ." ... ,.= ". ,) o t- gj t'1 1 , -! .40' , • I ~ I : . , , I -( .... 1 _ ,."\' t',:, ~"l i·' I '-' I / / / / / I I I J ) I·. \lO\"'" " I I ., .' I''':'',' "') LC·'; r,';'" P. 0. 8. NoScole N 88°09'SI"W NORTH WETLAND SKETCH POWB.l DEYaOPMENT Bl.RNGTON NORn£RN Bt.[)!NG SITE PLAN f'RlWE)B,(: BUSH, ROED & HITCHINGS, INC. CIVil ENGINEERS & LAND SURVI;YORS SEATTLE. WASH'NOtON lll ..... JOB NO.91407.08 6-8-92 CLC WAH .. I F'7~;;:-~"·"'''···'_SC~,,",,~,,-,,",,,-~.~ .. '.m-'~'--." '~~", I .~ a t fES 1 3 2Q\}1t & D 1 . ·FIRST AKDlDMEliT '1'0 RBCIPROCAL EASBKENT AGRBEMEnT i RECENePJ ~ This Amendment is _ade and entered into by and among .,~.: RCWA Realty Corp., a Washington corporation (.,~n), Powell-l Orillia Associates, a washington general partnership ("Powell"), :,~ Eastgate Theatre, Inc., an Oregon corporation ("Eastgatelt ), :7 Peter w. powell (NPt Powell") and Lloyd W. Powell ("L. Powell"). t' ~ , ~ :Sl .~ .,~ .if .:!~ ... ~ ;~ . ~ ~<) , ~ 11 'lC ·1 \\J fi~ ~\'-~CjJ ~!~ ~ ~~ ~ .Jf;.~ .. .......: .)5; i ~ #1 ~ ~ Jfj ?;!~ .:;::;J ti 'f~ (:j .~ I (ii,: i£"il :#;"-:~ itl ~;~ t~· -:-:~#i, ;r-~ ~~~ ~~ .:.f.~ :.~~ ;;~I J ·Y~ i~ R.ECITALS HC and Powell previously have entered into a Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated June 30, 1992, and recorded in the.Official Records of King County, Washington, under Fee No. 9206302702 (the "Agreementlt) • Powell subsequently conveyed Lot 1 (defined in the Agreement) to P. Powell and L. Powell who own Lot 1 as equal tenants in common . contemporaneously with the execution of this Amendment, Eastgat@ is acquiring Lot 3 (defined in the Agreement as modified by the lot line adjustment mentioned below) from HC. In conjunction with that acquisition, the parties hereto (singly, an "owner", and collectively, the lIowners").desire to clarify and restate certain ,provisions of the Agreement. AGREEMERT Therefore, in consideration of the premises and other valuab1e consideration, the sufficiency Of which is hereby acknowledged, the Owners agree as follows (unless otherwise indicated, all capitalized terms used herein shall have the same meanings as are attributed to them in the Agreement): 1. Each of the Owners warrants and represents to the other Owners that the warranting Owner owns fee title to the portion of the Shopping center listed below and that the warranting Owner has not created, assumed, or acquiesced to any indebtedness secured by liens encumbering the portion of the Shopping center owned by such Owner; OJ1fER L. Powell and P. Powell . HC Eastgate Powell Lot 1 Lot 2 Lot 3 Lots 4, 6 and 7 The Owners also acknowledge and agree that the common bo~ndary between Lot 2 and Lot 3 has been modified by Lot line adjustment reflected in Lot Line Adjustment Map recorded in the Official Records of King County, Washington, under Fee No. 9511299006. 1 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT nLED FOR RECORD AT REQUEST OF TRANSAMf~~~~J~~~* CO. 320 108TIl AVE. NE P. O. BOX 1493 BE~VUE. WA 98009 . 2. The third sentence of Section 2.1 of the Agreement is deleted and the following substituted in lieu thereof: The Owner of each Lot agrees to construct and maintain parking on its Lot to serve the improvements erected from time to time on such Lot equal to the greater of (i) the number of parking spaces required by applicable law at the time that building permits are issued for the improvements to be constructed, or Cii) the following ratio: Lot fl&;tking RatiQ Lots 1, 2 & 3 4.1 stalls for each 1,000 square feet of Floor Area Lots 4, 6 & 7 5.0 stalls for each 1,000 square feet of Floor Area Notwithstanding the foregoing parking requirements, if any portion of Lot 3 is developed for the purpose of operating a cinema, then such portion of Lot 3 shall be served by parking stalls equal to the greater of ex) the number of parking stalls required by applicable law with respect to theatre use at the time that building. permits are issued for the improvements to be constructed, or (y) one (1) parking stall for every four (4) seats in the movie theatres erected on Lot 3; provided, however, that if applicable law permits less intense parking for cinema use (i.e., one (1) parking stall is allowed to serve more than four (4) seats in a cinema) after January 1, 2006, then the parking within such portion of Lot 3 that is used for the operation of a cinema may be reduced to the level permitted by applicable law so long as such reduction in parking does not materially and adversely affect the parking within, or use of, Lots 4 and 6. 3. Section 3.1(d) is amended by adding the following sentences thereto: Notwithstanding anything to the contrary contained herein, the Owners aCknowledge and agree that Lot J ~ay include development of up to three (3) outlot pads (the "Lot 3 Pads"), each containing up to·6,OOO square feet of Floor Area, and such Lot 3 Pads may be situated anywhere within Lot 3 as the Owner thereof may designate from time to time so long as the same do not (i) encroach upon the building setback lines created by section 3.1(b) of the Agreement, and (ii) lie west of the north-south line dividing the portion of Lot 3 which is currently zoned 2 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWIIOO92S/I0339gIMAMI~027 .71 ,1 rA~= commercial arterial from the portion zoned medium industrial, such line being situated approximately 140 feet west of the west right-of-way line of East Valley Highway and coinciding with the eastern boundary of Lot 4; provided, however, that such east-west limitation regarding the location of the Lot 3 Pads (x) shall not be applicable if Eastgate is precluded from constructing a cinema on Lot 3 and opening the same for business, and (y) shall not apply to any Pad lying south of a line coinciding with the northerly boundary of·Lot 4. The Exclusive Building Area for Lot 3 shall be deemed to include the Lot 3 Pads. One 'of the Lot 3 Pads currently is expected to be developed in the portion of Lot 3 that lies near the intersection of Southwest 41st street and East Valley Highway (the "south Pad"). If a cinema is erected on Lot 3 by Eastgate and opened for business, then Eastgate agrees, solely for the benefit of the Owner of Lot 4, not to erect any improvements on the South Pad· prior to January 1, 1999, other than such improvements as may be necessary to use the South Pad area for parking purposes; this covenant of Eastgate is solely for the benefit of Lot 4 and may be enforced only by the Owner of Lot 4. 4. Section 4.1 of the Agreement is hereby deleted and the followinq substituted in lieu thereof: 4.1 Grant of Easements. Subject to the p.rovisions of Section 15.13, each Owner, as grantor, hereby grants to the other Owners, for the benefit of said other Owners and their respective tenants and such OWners' and tenants' customers, invitees and employees, a nonexclusive easement to use, for the purposes of· obtaining access to and from the Shopping Center, the roadways and walkways situated in the Common Area and any facilities which may be erected in the Common Area for the qeneral use of customers of the Shopping center (such as mass transit shelters), alIas more particularly located and described on the. attached site Plan, as the same may change from time to time. The foregoing grants of easements are not effective as to any Lot Which is part of the shopping Center until construction is commenced on such Lot. 3 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWllOO921llon98JMAMl634027.71 -, •• ' ",:'~" ·,oM .~~.-;--:.: •••• ~."'t.".... """'.*'* .. ...., . ..."q . .,..,., .... ."...-• .:' ... , '.-.":'~.:'. ' .... : .-'.-:~- The effect of this amendment of section 4.1 is to eliminate the cross-parkinq easements formerly contained therein which created cross-parking easements among all Lots in the Shopping Center. The owners acknowledge and agree that the parking areas contained within their respective Lots shall be sUfficient to service all parking needs of the improvements to be constructed therein and that they do not require parking easements over the Lots of the other owners. To give effect to the foregoing, each Owner hereby quitclaims to the other Owners the parking easements which were created by Section 4.1 of the Agreement. Each Owner agrees to exee,ute such additional document·s and to give such further assurances as may be necessary to properly document the agreements of the Owners set forth herein from time to time. The owners agree to use their reasonable efforts to prevent their respective tenants and customers, and the customers of their respective tenants, from using the parking facilities serving another Lot. 5. The second and third sentences of section 4.3(b) of the Agreement are deleted and the following substituted in lieu thereof: Eastgate agrees that Powell may temporarily use a portion of LQt 3 situated to the east of Lot 4 (out of and a part of the area cross-hatched and designated as the "Powell staging Areal! on the Site Plan attached as Exhibit B to the Agreement) during the initial construction of the building on Lot 4 and the building on Lot 6 1 provided that: (i) Eastgate has not constructed or commenced the construction of building improvements on the Lot 3 Pad situated in the Powell staging Area at the time that Powell· requests use of the Powell staging Area for the purposes permitted herein; (ii) the other Lot (Lot 4 or 6, as the case may be) previously ,has been developed to the end that it is not available to serve as a staging area (each of Lots 4 and 6 to serve as staging areas for the other Lot until they are developed); (iii) the portion of the Powell Staging Area to be used is no more than 10,000 square feet in size and is bounded on the west, south and east by the west, south and east boundaries of the Powell Staging Area; (iv) Powell obtains all permits required to be obtained from applicable governmental authorities to allow it to use the designated staging area; and (v) Powell holds Eastgate harmless from all claims, causes of action and liabilities which may be asserted against Eastgate by reason of Powell's use of the staging area. 4 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWlfOO92j,'10l)98/MAMl634027.7) 6. The fourth paragraph of section 4.6 is deleted and the following substituted in lieu thereof: One sign may be located on Lot 7 in the location designated on the attached site Plan. Such sign shall be divided into three equal blocks, one on top of the other. Any of the OWners of Lots 2, 3 or 7 initially may elect to construct such sign at the sole expense of the Owner electing to initiate such construction. The Owners who do not undertake the initial construction of such sign (Powell, He or Eastgate, as the case may be) shall be entitled to use one of the sign blocks to advertise their respective businesses by reimbursing the constructing owner for one-third of the cost of construction of the sign. The constructing Owner shall have sole control and use of each sign block until such time as an Owner entitled to use a sign block elects to contribute its one-third share of construction costs and use the sign block allocated to it. If He elects to participate in the use of such sign, He shall be entitled to use the top block of such sign to advertise its business on Lot 2i if Eastgate elects to participate in the use of such sign, then Eastgate shall be entitled to use the middle block to advertise its business on Lot 3; and if Powell elects to participate in the use of the sign, then Powell shall be entitled to use the bottom block of the sign to advertise its businesses on Lot 7. The Owners participating. in the use of the sign shall be obligated to share in the cost of maintaining the sign in proportion to the number of sign blocks utilized by them. An Owner shall have no obligation to pay any construction or maintenance costs with respect to such sign unless and until such Owner elects to use the space-on the sign allocated to it. No businesses may be advertised on such sign' other than the businesses conducted on Lots 2, J and 7. 7. section 13.1 is amended by changing He's address to: HomeBase, 3345 Michelson, Irvine, california 92715, Attn: Vice President Real Estate; and adding thereto Eastgate's address: 919 SW Taylor, suite 900, portland, Oregon 97205. 8. Section 15.10 of the Agreement is deleted and the following substituted in lieu thereof: 5 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWllOO92.5/103398/MAMl634027.1) . : ( , ~ t l... \r' ,j ., .. , .-i 6 - · .. "'d.· .. · _ ..•. _........ . d_t II ... 15.10 Wetlands. (a) Easement Grants. Subject to the reservation set forth in Section I5.l0Cb), Powell hereby grants to He a perpetual easement appurtenant to Lot 2 (the "He Easement") over and across the portion of Lot 7 described in Exhibit "All attached hereto. Subject to the reservation set forth in Section 1S.10Cb), Powell also grants and conveys to Eastgate a perpetual easement appurtenant to Lot 3 (the "Eastgate Easement") over and across the portion of Lot 7 described in Exhibit "B" attached hereto • Subject to the reservation set forth in Section 15.10(b), Eastgate hereby grants to Powell a perpetual easement appurtenant to Lots 4 and 6 (the nPowell Easement") over and across the portion of Lot 3 described in Exhibit "C" attached hereto. The He, Eastgate and Powell Easements (the "Easements") may be used by the Owners of the Lots benefitted thereby (Lots 2, 3,.4 and 6, respectively) to provide wetlands mitigation, storm drainage and storm water retention to serve Lots 2, 3, 4 and 6, respectively, in compliance with the requirements of the City of Renton and any other governmental authorities with jurisdiction over the development and use of Lots 2, 3, 4 and 6. The improvements which have been erected or may be erected by such grantees in, on and under the land encumbered by the Easements (the "Easement Areas") may include (without limitation) bioswales, retention ponds, filtration systems, storm sewers, storm drains, and similar facilities. The He Easement shall be appurtenant to and for the benefit of Lot 2 and, shall run with title to Lot 2, regardless of whether any subsequent instruments of conveyance covering Lot 2 . specifically identify the He Easement therein. The Eastgate Easement shall be appurtenant to and tor the benefit of Lot 3 and shall run with title to Lot 3, regardless of whether any instrument of conveyance covering Lot 3 specifically identifies the Eastgate Easement. The Powell Easement shall be appurtenant to and for the benefit of Lots 4 and 6 and shall run with title to Lots 4 and 6, regardless of whether any instrument of conveyance covering Lot 4 or Lot 6 specifically identifies the Powell Easement. The respective grantees of the Easements (the "Granteeslt ) shall be responsible for ~aintaining any drainage, FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWtl{'JqJ2j/l03398IMAW634027.1) l·f .... &a·m.~jf~j,~&~.e~d~.~~.~Q~aim'.~~·~~-~;T~F~~Q~~~.~~i~~~~'~~~~~~._-~~.~·~~~u=~·~.·~,~.~~~.~w·~~-____ n __ ~ __________ ~ ___ ,,~p __ ----~~~---~: • J ., ·.i 'I .. ~~ :.~~~ .' retention and other wetlands facilities constructed thereon to the standards designated by the City of Renton. The grantors of the Easements (the "Grantors") may not undertake any use of the Easement Areas which would inhibit or.interfere with the uses permitted to be undertaken thereon by the Grantees. The Grantors and subsequent owners of tee title to the land encumbered by the Easements shall be and remain liable for payment of all real property taxes levied against the land encumbered by the Easements; provided, however, that any Owner benefitted by an Easement may pay such taxes for the account of any Grantor or its successors who fail to pay the same. Powell, He and Eastgate agree to execute such additional documents and to give such fUrther assurances as may be necessary to properly document the creation of the Easements to facilitate the development of Lots 2, 3, 4 and 6 as contemplated herein. (b) Easement Reservations. Eastgate reserves the right to use,the portion of the Easement Areas situated in Lot 3 iri common with the OWners of Lots 4 and 6 to provide wetlands mitigation, storm drainage and storm water retention facilities to serve Lot 3 and any improvements which may be constructed on Lot 3 from time to time. Powell reserves the right to use the Easement Areas situated in Lot 7, and the Owners of Lots 2 and 3 shall grant the Owner of Lot 7 easements over and across the drainage and wetlands facilities described in Exhibit "0" (the "Lot 2 Easement ~"), and Exhibit "Elt (the "Lot 3 Easement ~") as hereinafter provided, all to be used in common with the Grantees to provide wetlands mitigation, storm drainage and storm water retention facilities to serve Lot 7, provided that the following conditions and covenants are satisfied in connection therewith: (i) the proposed use of the Easement Areas situated in Lot 7 and the Lot 2 and' Lot 3 Easement Areas (collectively, the "Master Easement Area") and the wetlands and drainage facilities constructed therein by Eastgate and He, respectively (collectively, the."Drainage Facilities") must be approved by all governmental authorities having jurisdiction over the Drainage Facilities, Horton Dennis & Associates, Inc., or such other engineers as are engaged by the Owner of Lot 7 and approved by Eastgate and He (the IIEngineers"), and a second civil engineering firm doing business in the 7 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT . (SWWIIOO925l10339SIMAMl6J.4027.7) ;t! ~ '!l> J ~ :l -;} " ••• ,-,3 !f.j I " • l .>1 1 ,~ l 1 i ~ 'i .1 1 ~ .{ ·1 :1 .~ ~ 1 ~ ., l 1 ~ .. . ' C7') en M .-4 rrJ 0 N Q C.D ~ Seattle metropolitan area (the "Second Engineers") selected by the Owners of Lots 2 and 3 and engaged at the expense of the Owner of Lot 7; (ii) the use of the Drainage Facilities by the Owner of Lot 7 must be implemented in a fashion that will not interfere with the ongoing use and operation of the Drainage Facilities or reduce the capability of the Drainage Facilities to serve Lots 2 and 3; (iii) the Drainage Facilities to be used to serve any portion of Lot 7 situated north of the Driveway Easement Property (the Eastgate or HC Drainage Facilities, as the case may be) shall be determined by the Engineers and the Second Engineers: (iv) the Drainage Facilities will not be used to provide storm water retention and drainage services to the portion of'Lot 7 situated south of the Driveway Easement Property ("South Lot 7"); (v) no use may be made of Lot 7 which involves the manufacture, use or release of Hazardous Substances other than the operation of a gasoline service station on South Lot 7 (no gasoline service station being permitted on North Lot 7) and custo~ary use of cleaning solvents and the like in compliance with Environmental Laws (as used herein, the phrase "Hazardous Substances" shall mean all hazardous, toxic, infectious or radioactive substances, wastes or materials listed, defined or regulated by any Environmental Law and specifically also shall include petroleum, oil and its. fractions, asbestos, urea-. formaldehyde, and polychloribiphenylsi as used herein, the phrase "Environmental Law" shall mean all Federal, state and local statutes,regulations and decrees pertaining to the protection of any aspect of human health or the environment that are now or hereafter applicable to the Shopping Center); (vi) shOUld any of South Lot 7 be used for the purposes of operating a gasoline station, then, in addition to complying with the requirements of applicable laws, the Owner' proposing to construct such gasoline station shall require that such service station facility be operated by, or licensed by, one of the major oil companies, and shall obtain from the operator of the service station either an indemnity or insurance policy from such operator for the benefit of the Owners of Lots 2-and 3 (and subject to their advance written approval, which will not be unreasonably withheld) which protects them from loss, damage, liability or expense resulting from the operation of such service'station facility and any Hazardous Substances which may be released or emanate therefrOM; and (vii) the owner of Lot 7 shall pay, in advance of its use of the applicable :. ·· .. 3.:.·· ~""::::''''-'' 8 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWllOO92l/l0339&1MAMl634027,7) ~ .. , ':: . . , p I l \ .j j .'. ~ .. : '~ ., ".... ......... iln. Drainage Facility, its proportionate share of the original cost of constructing the portion of the Detention Facility used for outfall purposes based on its projected use of the Detention Facility. To the extent that any of the obligations of the ,Owner of Lot 7 set forth in subparagraphs (i) through (vii) above contemplate continuing or ongoing performance, the Owner of Lot 7 shall be obligated to comply with such obligations so long as it uses the Easement Areas. If the Owner of Lot 7 elects to use the Drainage Facilities, then the Owner of Lot 7 also shall be obligated to construct, at its sole cost and expense, any improvements to or enlargements of the Drainage Facilities required to accommodate its use thereof. All costs of maintaining and repairing the Drainage Facilities other than repair costs resulting from the negliqence of an Owner or its agents or employees (which shall be paid for solely by such Owner) shall be paid by the Owners sharing the use of such Drainage Facilities in proportion to the gross number of square feet of land owned by each Owner which is served by the Drainage Facilities. If,·as and when the conditions set forth herein are satisfied, the Owners of Lots 2 and 3, as applicable, shall grant easements to the Owner of Lot 7 over and across the Lot 2 and 3 Easement Areas, consistent in form and substance to the grants made in section 15.10(a) and the terms of this Section IS.10Cb) . (c) Additional Provisions Regarding Lots 4 and 6. To facilitate Powell's use of the Eastgate Drainage Facilities to provide drainage services to Lots 4 and 6, the surface drainage system to be installed in Lot 3 will be desiqned and· constructed to accommodate those drainage needs according to the design requirements of the Engineers. Powell shall ·arrange and pay for the design and construction of a $torm water collection system to serve Lots 4 and 6 running from a catch basin situated on Lot 3 to a.boundary· of Lot 4 or 6, such work to be done simultaneously with the installation of a drainage system on Lot 3. No other drainage work·may be undertaken on Lot 3 for the benefit of Lots 4 and 6 after completion of the initial drainage system. The bioswale and outfall components of the Eastgate Drainage Facilities shall be sized to serve Lots 4 and 6 and Powell shall pay Eastgate the incremental cost of increasing the size of such facilities to serve Lots 4 and 6 (as determined by the Engineers) as and when such work is completed. Lots 4 and 6 shall be subject to the use 9 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWW11OO'12.5Itcn398/MAMl634027.7) ',",-:'" -- • ,~'.I" .. _.r,:; , .'~ I ~ r ! i , .... ;:c;:::::o restrictions set forth in section 15.10(b) (v) and .!til. 9. section 15.11 of the Agreement is amended by deletinq the square footages of each Lot shown therein for purposes of calculating proportionate shares of the maintenance costs of the Driveway Easement Area, and substituting the following in lieu thereof: LOT SQUARE FOOTAGE Lot 1 to be determined. Lot 2 486,190 Lot 3 535,094 Lot 4 35,000 Lot 6 35,000 Lot 7 30,000 *The square footage of Lot 1 for purposes of this provision shall be determined in accordance with the provisions of section 15.11 •. 10. The first sentence of the second paragraph of section 15.11 is deleted and the following substituted in lieu thereof: The Owner of Lot 3 shall construct a private roadway within the Driveway Easement· Property in accordance with the requirements of the City of Renton. The Owner of Lot 3 shall maintain the Driveway Easement Area to a reasonable standard as deSignated by such Owner in its reasonable discretion, and the other Owners shall be obligated to contribute their proportionate share of maintenance costs as set forth herein. . 11. The Agreement is amended by adding the following provisions thereto: 15.12. Related Agreement. Contemporaneously with the execution of this Agreement, Eaatgate and He have joined in the execution of a Declaratiqn of Covenants, Conditions and Restrictions and Grant of Easements and Quit Claim of Certain Parking Easements which is to be filed for record in the Official Records of King County, Washington (the . "Declaration"). As between the Owner of Lot 2 and the owner of Lot 3, the terms and provisions of the Declaration shall supersede and prevail over the terms and provisions of this Aqreement to the extent of any conflict or inconsistency between the provisions of the Declaration and the provisions of this Agreement or to the extent that any provisions of the Declaration are more burdensome than the provisions of 10 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (8WWllOO92Sfl0l391!/MAMl634021.7) 11 this Aqr~ement. Lots 1, 4, 6 and 7 are not encumbered by any provision of the Declaration. 15.13 Expansion of Lot 7 Building Area. The owner of Lot 7 May develop the portion of Lot 7 lying north of the Driveway Easement.Property ("North Lot 7lt) provided that the following covenants and conditions are satisfied: (i) if access to North Lot 7 shall be obtained via the Driveway Easement property, then the square footage of Lot 7 to be used for purposes of calculating shares of maintenance costs under Section 15.11 shall be modified accordingly; (ii) notwithstanding anything to the contrary contained in section 2.1 of the Agreement, all parking required by applicable law to serve any improvements constructed on North Lot 7 shall be contained wholly within North Lot 7 and shall be deemed sUfficient if in compliance with applicable law; (iii) the Owner of North Lot 7 shall construct and maintain a fence or other barrier along the western boundary of the Easement Areas to prevent the customers and invitees of the owner of North Lot 7 from crossing or entering upon the Master Easement Areas; (iv) in addition to the other uses prohibited by the Agreement, no use may be made of North Lot 7 which would involve the manufacture, release, disposal or use of Hazardous Substances; (v) any development undertaken upon North Lot 7 shall be completed in compliance with all applicable laws, including (without limitation) the requirements of the Army Corps of Engineers; (vi) no improvements to be constructed on North Lot 7 shall exceed 45 feet in height; and (vii) no part of the Common Area other than the priveway Easement Property may be used to provide access to North Lot 7 and the Owner of North Lot 7 hereby quitclaims to the Owners of Lots 2 and 3 all easements created by section 4.1·to the extent that they encumber Lots 2 and 3. The consent of the Owners of Lots 2 and 3 with respect to development of North Lot 7 set forth herein shall not constitute a waiver of any rights which those Owners may be entitled to assert with respect to future development of North Lot 7 in their capacities as the owners of adjoining property. 15.14 Exchange of Lots. Eastgate and Powell may elect to exchange the south Pad area for Lot 6. The Owners of Lots 1 and 2 hereby approveof~such exchange and agree that Eastgate and Powell may enter into and consummate an agreement to that effect without the n~eessity of obtaining any further consent of the Owners of Lots. 1 and 2 with respect thereto provided that any improvements to be constructed upon the South Pad after completion of such exchange shall not exceed 22 feet in height, the building envelope on the South Pad shall be generally in the configuration shown on Exhibit "Fn attached hereto and any signage erected on the south Pad shall not materially impair the visibility .of the He Bui~ding from ground level at the FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWIIOO92SII0J398IMAMl6340'l7.7) , l' ~.JJ££!i!5ff;:J!!i!iI2£i4._'f!i •.•. :::aa:::. === .• -..... intersection of Southwest 41st street and East Valley -Highway. If, as and when such exchange is consummated, the land acquired by Eastqate shall be subjected to the terms of the Declaration and the land acquired by Powell shall be released from the terms of the Declaration -and the Owners shall execute such documents as may be necessary to evidence the foregoing. Notwithstanding such exchange, the lot designations used herein shall be transferred such that the South Pad thereafter shall be referred to as "Lot 6" for purposes of this Aqree~ent and the land formerly des iqnatedas Lot 6 shall be referred to as part of Lot 3. 15.15 utility Easement. powell, as Owner of Lot 7, hereby grants and-conveys to the other Owners, for the benefit of the Shopping center, a perpetual, non- exclusive easement over and across the Driveway Easement Property for the purpose of installing, operating, maintaining and replacing, from time to time, storm sewer, sanitary sewer, electrical, gas, telephone, cable and other utility lines to serve improvements to be constructed in the Shopping Center. Any work undertaken in the Driveway Easement property at the behest of an Owner to install or replace any utility lines shall be done in a good and workmanlike manner at the sale expense of such owner and in a manner that will not unreasonably interfere with the use of the Driveway Easement Property by the other OWners. 15.16 Use Restrictions. No portion of the Shopping Center shall be used for any of the following uses or purposes: a. Any use which would constitute a public or private nuisance. b. Any use which generates noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness (other than noises typically associated with a home,improvement store or theatre/cinema). c. Any use which would generate excessive quantity of dust, dirt or fly ash. d. Any use involving a heightened risk of fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks. e. Any distillation, refining, smelting, agriculture or mining operations. 12 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT " .. (SWWlIOO9'2SII033981MAM/634Ol7.7) .,; "]11[l1li, .,. l1li: All •. -. ,-•• -I!IIIIm-.... ~. 1;Iij-.... ,....~ ...... ='-.::::'.-.::-:" ... f~.~· .,.,,, ....... =_ ... = .... =·.,_=,,=_.;;;;;aa __ =~"""""',a ............ ' ... .....,_ ..... .,...,........-.. ......... ----...,....,.....". .. --......... ""--...... ---.--.-..."....,..~ ~ I I i .~ . ~ .3 jl . ~ j cl ::9 f. For the pUrpose of operating a mobile home or trailer court, labor camp, junkyard, stock yard or animal raising business • g. Any drilling for and/or removal of subsurface substances • h. Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for such purpose. i. Any mortuary or similar service establishment. j. Any commercial laundry or dry-cleaning plant; provided, however, this prohibition shall not be applicable to any premises if oriented to pick up and delivery by the ultimate consumer and there are only nominal' on-site supporting facilities. k. Any automobile body and fender repair work. 1. Any flea market, swap meet, "second hand" store or "surplus" store. m. including displays, parlor or Any adult' book store or· any so-called "sin" uses (without limitation) nude dancing, pornographic displays ,of "X-rated" materials o}:' films, massage off-track betting facility. . 15.17 Additional North Lot 7 Uses. Notwithstanding anything to the contrary contained in Sections 2.1 or 2.3 of the Agreement, North Lot 7 may be used for the purposes of operatinq a bowling alley, skatinq rink, health club or bingo parlor or for industrial, warehouse or light manufacturing uses, if permitted by applicable law. No other amendment or modification is made or intended to.be made to the Agreement and the Agreement, as modified hereby, shall remain in full force and effect as therein written. 12A.-FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWllOO92S/t 0339S1MAM1634m7. 7) : ,,~ .. : the 8th Executed in multiple counterparts to be effective as of of February, 1996. By: Name: Title-:~------~~~~~~~----- HCWA Realty corp., a Washington corporation By: Nallle; Title-:----------~--------------- By: Name: ______ ----------------------~ Title: ________________ ~ ________ __ EXHIBITS: "All -He Easement I'BII Eastqate Easement "c" Powell Easement tiD" Lot 2 Easement Area' liE" -Lot 3 Easement Area "F" -South Pad Envelope- STATE OF OREGON ) county of U.~~AH~ SSe This instrument was POWELL: Powell-Orillia Associates, a Washington General Partnership By: By: Lloyd W. Powell, General Partner Peter W. Powell, General Partner P. POWELL Peter W. Powell L. POWELL Lloyd W. Pewe.ll ~~~~~=' 1996, by ----~~~'r~~~:--Theatre, Inc., an ion. i OFF 1ClAi. SEAL JACKIE WILKES NOTA=l" DCB'.iC CRe:OO~ COMP.1i~ .. rON NO OC-!':oI;2t' MY COMU;S:5iON ElC?iR~;: :~UG. os. ''397 ~------13 -FIRST AMENDMENT TO EASEMENT AGREEMENT (SWWI/0092S/I0J398/MAMl634027.6) .. :-'~." ~. EXeou~ in multiple counterparts to be the ~ day of ~krllv1 ' 1996. effective as of BAStGATE: POWELL: Eaetqate Theatre. Inc., an o~.gO" corporation By: Na .. : ____________________________ __ Titla: ________________________ ___ HCWA Realty Corp., a Washington corporation By, ~7JI·-l ;i~i~-:---:~~~~~:a~~~~.~~~~~~.~L:-··---- EXHIBITS: "AM -He Easement "B" Eastqate Ease~ent "Cn -Powell ~ae~ent pOP -Lot 2 Basement Area liB" -Lot :3 Easement Area t,p" _ South Pad Envelope STA~£ OP OREGON ) ) 8S. County of _____ ) powell-orl11ia Associates, a Wash1ngton General Partnership By: By: Lloyd W. Powell, General Partner , Peter W. Powell, General Partner P. POWELL Peter W. Powell L. POWELL Lloyd W. Powell This instrument was acknowledqed betors me this __ day of , 1996, by • as of Zaatqate Theatre, Inc., an Oregon corporation-,--o-n~b-eh~a~l~f--o~f~ the corporation. NOTARY PUBLIC FOR OREGON My commission Expires: 13 -FIRST AMENDMENT TO RECIPROCAL EASEKENT AGREEMENT /.'''.1 .. '" .... : ..... ~ : .. ~f~.: ir:: ·1' . '.~ . :.' . Executed in multiple counterparts to be effective as of the 8th day Qf February, 1996. Eastqate Theatre, Inc., an Oregon corporation By: Name: ____ ~ ______ __ 'ri t.le = ___________ . __ _ HCWA Uealty Corp., 2\ washington corporation By: .~ ________ ~ __ _ Name: __________ __ 'l'1tle: __________ .. __ By: Hame: __________________________ __ f9WELL: By: PI~ter W. Powell, General P.lrtner Peter \L Powell : " r', r. Titl.: ________________ __ ~-... ~' \'" , } J ...... ~-': ,.-~' . .:;.'-) --...,,"1-/-' -' -;--~ .:'\.' :. ,... ~ '-'d v'"' "-". " '\ Lloyd U., owell iXJuaiTS: "A" -He Easement "Bif -E"u,tgAte ~as.ment "e" -Powell E5sement no" -.'Lot 2 Ea$8l'nent Area HE" Lot 3 Easement Area "FH South Pad Envelope S'tAT~ o"P' OREGON county Of ) } 85. ) This instrument was acknowledqeo before me this __ d~y of , 199&, by , as ot EastgAte Theatre, Inc., an oregon c:orpcratiotl, on behalf of the corporation. NOTARY PUBLIC FOR OREGON MY Commieeion Expires: 13 -FI~ST AMENDMENT TO RECIP~OCAL EASEM~rr AGREEMENT '.' J. Executed 1n mUltiple counterparts to ~e .~fectlv. as ot the 8th day of February, 19Q6. twm;AD: Basblate Theatre, Ino., an oreqon·corporation By: liaDle: Title-:----------~------------ RCWA Reel ty Corp.. a. Washington corporation by: Naa .. : ritle-:------------~------~-- By: .allo; 7itle-;------------------------ EXHIBITS: MAft -HC EaSeft6nt "BR EaatqatG Easement ·Clt Powell I ..... nt : RDR Lot 2 EaSeDent Area RBP -Lot J EaseDent Area nr SOUtb Pad Ebvelope B'l'ATB OF OltEGON ) ) 8S .. COunty of ______ ~_) . POWELL: Paw.ll~illia A&eociataa, a . Washington General Partnership By: By: Lloyd "". powell . . This instrument was acknowledged before .. this __ day of. , 15196, by , a8 . of iUtvafe Tb .. ~e, lnc •• an or.goD corporation-,-'-o-n"""!bihil!"!"l~l~f~o~f;ro-- the corporation. NOTARY PUBtI~ POll OUGON My Commissio::\ txpires: l' -nUT I\MDfDJIERT TO RECIPROCAL EASEHElW AGRBDIEN'l' ·, COMMoNWEALTH OF MASSACHUSETTS) ) fiS. COUNTY OF MIDDLESEX ) on WEt" (1'1~. before De, ~l· (LJ~. a Notary PUblic]n ~or sa d state, personally appear Edward . WeisD9 ger ~ personally known to me (or pr.90 ... MJ .... ,. to me on the bas!& of satisfactory evidence) to be tbe perso~f.. Y • ". ", whoea name is subscribed. to the within instrument and ~\"""" .... ,. V " acknowledged to lIle that be/she execut.ed the same in his/hy."" 6'~: .. '" '. authorized capacity, and that by his/her ,.iqnature on the i' '. ~ -.) ... instrument, the person, or the entity upon behalf of Vhle~:th~" ~.~ person acted, executed the i.nstrument. ~\ '. -. "r~': WITNESS my hand and official seal. :l~) ... ~~~(.< \(r.,/ " .• tJC " l' .. :.,.~ :-'···'.1 ...•. " .,' 1 1"'-' state COMMONWEALTH OF MASSACHTJSET'l'S ) ) 5S. COUNTY OF MIDDLESEX ) On . F~1Jffb, before me, L~{ ... A;.L-r 14.1pt~ a Not.ary PUblic .i~and. fDr sli 'Bta-ce, personally appeared . Annur r. ~UK. Jr. • Fersonally known to mi (or proved to me on ~he basis of' satIsfactory eVidence) to be the peraon whose name is sUbscribed to the ~ithin instrument and aeknow~.d9.d to me that he/she exe-?uted th~ Si!1l'l'1e 1n his/h~~'-'····:.'·~··' aut.harJ.zed capacity, and that by bu;;/her s1qnature on t.he'-'t('I..\':-:.t: • instrument, the person, or ~he entity upon behalf of Wh1~ .. 'the '., I:~' person acted, executed the l.nstrument. :.~. -, . . IAJ ; . -; -:' .. ~. WITNESS :my hand l.J.ur;!~ E R:~::v. ~·:;:~~.P.l ~u~::~ My Com:ni33i"n ExpireS D~v~;r:t...:;· Ju, i S~i) 14 -FIRST AMENOKENT TO RECIPROcAL PSEMENT AGREEMENT seal. ~ .. F**ldif;'·:;;:"*!.:2~;~~~~~,~~?'-"'~~:"-";'N:::' 'i.:.', ,:.-~~q!" ... ;~ '. '. . =1 • ". • II .;i 'j t j 1 i STATE or WASHING~N ) ) 8$. Co~nty of ____ ) On this day of , 1~96, before me, the undersigned, a Notary Public-]'n and for t.tlEl State of Washin9ton. duly ootn'mifJsionad and St'iorn, personally appeared Peter W. Powell, known to be th~ person who executed this instrument in his individual capacity and as General Partr.er of powell-Orillia Associates, a Washing-toll general partnership, the partnErship that executed the foregoing instrument, c:1d acknowledged the instrument to be his free and voluntary a·::t and th.e free and vohmtary act and deed of that partnership for the uses a.nd purpos~s therein Hlentioned, and on oath s':.ated that he was a.uthor.ized to execute th~ instrument on bl~half of the partnership. WITNESS my hand and officl~l seal her.to aff heed the day and year fir.st above writ~en. S~ATE of ARIZONA ) County ollJ£C;/'~:.~.i?AJ ss. --v NOT~RY PUBLIC in and tor the state of Washlngt(m, residing at My commission Expires: .. __ _ On this :1 day of ;;lu~w,t"-v-i' 1~96, before me, the unaorsiqn_dt a Notary Public rn and fal t~e Stata of Arizona, duly commissioned and sworn, personally al='peared Lloyd ~. Powell, known to be the person who e~ecuted this lnstrument in his individual capacity and as General PartnoI of ~owell-Orilli4 Associates, a Washlnqton general partnership, the partnershIp that exeouted the foreqoinq instrument, and acknowledged the instrument to be his free and voluntary act and the free and voluntary ~ct a.nd deed of that partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the inst.rument on behalf of t:he partnersbip. . WITNESS my hand and official seal her~to arfixed the day And year first above written. NOTAR PUBLIC in and for . he State of Arl.zona, residing at .' My Commission Expires: C'pl -£~. [1Cj, ~/ > 15 -FIRST AMENDMENT TO RECIPROCAL EAstMENT AGREEMENT <li .j ~ * .:'i ~ .: J :~ ~ .~ ~ ~ . ~ ., ~ ';: .-, j ~g , .~ ~;: .<. '<' ';i~ ;, f :~ s :~ ~ ;.'"; ~~ "t! :,;; '" .~ ,'<t.' :,.-:: , : ..•. h: :.~ :~ ~!~ :.:.'1i .~ "!.~ :~~ .:~ :;.i r:.1 .. ~ . .. (:~ ~ ~ .. • "<\1 :~~ ~f. ""'\ ,';": ~;ll ~".; . .. , ." "'" ,': .. • "'!I .~~ ;.~: ~'1 .~"'J .. , I ~': :-:. ~ ~~ =::..: ~~~ .~~ I. ... ;.';) ;:f~ \~. ," .!!.' ~,?'. ," .~' ..... : ":'"<: )j\ .'~{ .~.;; ·~B .:'':': ·~,1 ~.~ j!~~. -~l~ ~~r~ .f-:; ~~ . ~ TE.. t(): 5B3-'i'96-7 ' ·""13 PiS S'l'AD OF WASHIRCTON ) ,/. ) .s. CO\lnty or ~) . On. this X day of r~ 1996, befor~ me, the "undersigned, a Rotary PUblio ~ ~ the state of Washington, duly cammi8sion~ and swornr·parcQnally appeared Peter w. powell, known to be the person who executed this instrmnent in his individual capacity and a. General Partner of· Powell-Orillia AssociataA, a wasbington general partnership~ the pa~tnership that executed the foregoing inatrLUlleJ1t, and aClmowledqed the instrument to b8 his fi'ee and voluntary act and the fraG and . volunury act and deed of that partnerShip fer the usea anel purpO&e5 therein ~t1oned, an~ on oath stated that he was .~thor1z·eC1 to execute the instrwaent on bellal! of the partnership. ~TNESS my band and official seal bereto affixea tba day and year first above written. S~TB OP ARIZONA ) ) II~. county of _~ ___ ) . On this day of , 1~)96. before lIIe,. the underaigned, a Notary PUblic In and for the state of Arizona, duly COllllUs81oned and sworn, perfionally 61)peared Lloyd W. Powell, known to be the.. person who executed this :instrument in I\i$ individual capacity and as General Partno~ of Powell~il1ia AsSOCiates, a Vaahinqton qeneral partner~lip, the pa~ership that executed the rorogoinq instrumentr and acknowledged the 'instruaant to be· his frae ancl volunta2:y a(:t and. tbe free CUKl VOl\antar:y act and deed of that partnershil) for the. uses. and purposes therein .antioned, . and on oath 6t;ated that he was authorilieO to execute the ilUltruaent on bullalf of tbe partnerShip. . WIftlESS my band and official selll hereto arfixsd. the ~y and year first above writt.en. NOTARY PUBLlC i:n and for the state of ~1Z0na,r88iding At ________ __ My CommiBBic11I Expir~s: 15 -PIRST AMENIlI!BNT TO ll!CIPRQCAL EASEKEIft' AGRIBMBNT PAGE 82 UDA E:QIIBD' "A,.' • HC EASEMENT THAT PORTION OF LOT 7, BURUNGTON NOR.THERN BINDING SITE PLAN (BSP.Ol4-92), PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NUMBER 9206302696. RECORDS OF KING COUNTY, WASIDNGTON, SITUATE IN SECTION 30. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .• BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 1'HE NORTHEAST CORNER OF SAID LOT 7; THENCE NORTH 876SO'47" WEST ALONG mE NORm LINE THEREOF 10.00 FEET; THENCE SOUTH 01 6 50'09" WEST PARALLEL WITH THE EAST LINE OF SAID LOT 7 A DISTANCE OF 553.68 FEET; THENCE SOUTH 88"'09'51· EAST 70.00 fEET TO THE EAST LINE OF SAID LOT 7; THENCE NORTH 01°S0'09" EAst ALONG SAID LINE 553.30 FEET TO THE POINT OF BEGINNING. CONTAINING 38,744 SQ. Fr. MORE OR LESS. '26 S.CIJM A'NJIw SoutIt, 1a'*Muul, W.IsU.JfDII 98033, PM," (206) W-2S25, FlU (206) 821-8158 I DIt.ItIaI • W,JIHIICM, • ..,.,. ~--~ ~ ~------------'-----':"'------- HDA PAGE e3' HDA EXBlRIT "B" • EASTGATE EASEMENT THAT PORTION OF Lor 7, BURLINGTON NORTHERN BINDING SITE PLAN (BSP-Ol4-92). PER MAP RECORDED IN VOLUME 161 OF PLATS. PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NUMBER 9206302696. RECORDS OF KING COUNTY. WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE S EAST, W.M .• BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMeNCING AT THE NORTHEAST CORNER OF SAID Lar 7; THENCE SOUTH 01°50'09" WEST ALONG lHE EAST UNE THEREOF 553.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 01 1150'09" WEST 162.63 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 28~33·51· WEST 155.64 FEET; THENCE NORTH 011»SO'091O EAST 301.64 FEET; THENCE SOUTH 88°09'Sl-EAST 70.00 TO THE POINT OF BEGINNING. CONTAINING 16,249 SQ. FT. MORE OR LESS. '" ~s!2/.06/1~96 16~ 57 206B2~a H D A PAGE B4 ! , I I . ~! en. Mi 't""4 OO! o HDI'ItHJ D,,,1Iis & AISodIJUS, Inc. HDA COlUUlting E,.gi"~tlTS, Pllut,..r, & SIl",eyors EXHIBIT "e" -POWELL EASEMENT THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDBD IN VOLUME 106 OF SURVEYS, PAGE lBO, UNDER RECORDING NUMBER 9511299006, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M., BEING MORE PARTICULAR.LY DESCRIBED AS FOLLOWS: BEGINNING AT TIlE NORTHWEST CORNER OF SAID LOT 3~ THENCE SOUTH 88°09'51" EAST ALONG THE NORTH LINE THEREOF 113.1S FEET; 11IENCE SOUTH 01 0 50'09" WEST 426.~4 FEET: THENCE NORTH 89°0S'25" WEST 211.54 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 01 °SO'09 b EAST7L99FEET; THENCE NORTH 28°33'S1" EAST CONTINUING ALONG SAID LINE 218.70 FEET; THENCE NORTH 01°50°09" EAST CONTINUING ALONG SAID LINE 162.63 FEET TO THE POINT OF BEGINNING. CONTAINING 64,976 SQ. FT. MORE OR LESS . . 20Seb)ruI Jay .... Sbut1l, KlrI:J4tIIl, WashiIJgtrm 98fJ33, Plume (206) 822-2525, FG (206) 822-8158 I KlttlM4 • w...-._ • ".,.,. PAGE B5 HDA . COIiJultiIIg Enginnl'S, Pltutners" SurveyO,.S EXHIBIT "Df' • LOT 2 EASEMENT AREA THAT PORTION OF LOT 2. CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS, PAGE 180, UNDER RECORDING NUMBER 9511299006, RECORDS OF KING COUNTY. WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE S EAST, W.M .• BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NOR1lIWEST CORNER OF SAID LOT 2; THENCE SOUTH 87°50'47" EAST ALONG THE NORTH LINE THEREOF 83.38 FEET TO THE BEGINNING OF A CURVE. CONCAVE TO TH~ NORTHWEST. HAVINQ A RADIUS OF 60S .87 FEET: THENCE IN AN EASTERLY DIRECflON ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE Of 02°48'55'" A D[STANCE Of 29.77 FEET; THENCE SOUTH 01·50'09" WEST SS3.40 FEET TO THE saum UNE OF SAID LOT 2: THENCE NORTH 88°09'5.-WEST ALONG SAID SOUTH LINE 113.1S FEET TO THE WEST LINE OF SAID LOT: lHENCE NORTH 01°50'09" EAST ALONG SAID WEST LINE 553.30 FEET TO THE POINT OF BEGINNING. CONTAINING 62,S11 SQ. FT. MORE OR LESS. I i .~iIi:&_ ..... 'w ,..c .•• .-.4Cc:za;X' •. _,.'_ ....... = ... 4_:;u;::::s~'" ..... --....-.:--... ~------- 2e&B:278i H D A PAGE es Borto,. D'Mis. Associates, I'llC. HDA C"lIsullillg B,.gine~rl, Plimurs & Surveyors EXHIBIT liE" -LOT 3 EASEMENT AREA THAT PORTION OF LOT 3. CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS, PAGE 180. UNDER RECORDING NUMBER 9511299006, RECORDS OP KING COUNTY, WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORm, RANGE .5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 88Q Q9'Sl" EAST ALONG THE NORTH LINE THEREOf 113.15 FEET; THENCE SOUTH 01"50'09· WEST 426.S4 FEET; TIlENCE NORTH 89~OS·2S· WEST 211.54 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 01 "50'09" EAST 71.99 FEET; THENCE NORTH 2SG 33'Sl" EAST CONTINUING ALONG SAID LINE 218.10 FEET; THENCE NORTH 01 °50'09" EAST CONTINUING ALONG SAJD LINE 162.63 FEET TO THE POINT OF BEGINNING. CONTAINING 64,976 SQ. ft. MORE OR LESS. foot.-- a z z !~ ~~D' .., t.J ~"\.... I - - . ittf I~ I I I • ~; ~~ GI '0 ... ,. ~q, Q' . 4\1l ~;I: ~ "'" -.. . _.. 1_ ~~ .~--...... NSI"J7'", ... -166.61' 3 ~ g N N": ~~ttf~~ 1 I' ., I ~ ~ ~IIIIIIIIIIIIIIIIIIIIIIIIIIIII~ ~ ~ ~~ ====== --I~ '~lllllIIIIIIH!HHIIJlIIIIlIt~ : I~~ -I......... ~IIIIIIIIII ~I:: litH I1II1111I1 ij I~I . ~ II r I f I ff 1111 {II HIt III H If I , I ~ f~~1I1I11I1I11I11f1l11l11l1l1l1l ~ ~ 1~11&llllIlIlllIlilllllllllll H III ~ ~II~ N8.·09·S,·W -87$.52' . EXlsnNG PROP~TY UNE ~ II t IIIH=M111111111111111 U III----t-4 nlllllllll.II •• I •• " •• ",·,,····· - . . ~ . . ~ .' . _. -. .. . .' . . . ~-. ." '. :: Dt:VElOPMENT P/lANNING CITY OF RENTON FEB 232004 RECEIVED DECLARATION OF COVENANTS. CONDmONS AND RESTRlCTIOrf$ AND GRANT OF EASEMENTS AND QUITCLAIM OF CERTAIN PARKING EASEMENTS By and between RCWA REALTY CORP., a Washington ~orporation and EASTGA TE THEATRE, INC., an Oregon corporation 960 16009 .OClIMEO/Wg8~~31 /02.(J6..961cef , i ,- ; . t -::. I TABLE OF CONJENTS RECiTALS ................................................................................................................. 1 COVENANTS, CONDmONS AND RESTRICTIONS ............................................ 2 1. Use ~estrictions Binding on Eastgate Propeny ......... ~ ..................................... 2 2. Use Restrictions Binding on HomeSase Property ............................................ 2 3. Use Restrictions Binding on Shopping Center ................................................. 2 . 4. Retail Use Restriction ............................................................... : ...................... 3 S. Height Restrictions .......................................................................................... 3 6. Undeveloped Building.Area .............................................................................. 4 7. Site Plan Restrictions ...................................................................................... 4 8. Restrictions Limiting Construction Interference .............................................. 5 9. Parking Ratio and Standards ..................................................... · .. · ..... , .............. 5 EAS ElvIENTS ............................................................................................................. 6 10. Reciprocal Driveway Easement ....................................................................... 6 11. Service Drive Easement ................................................................................... 8 12. Pylon Sign Easement ....................................................................................... 8 MiSCELLANEOUS ...... '" ......................................................................................... 8 l3. Constructive Notice and Acceptance .......................... ; .................................... 8 14. Duration of Declaration .......................... : ....................................................... 8 15. Amendment to tbis Declaration ...... , ................................................................ 9 16. No Covenant to Operate ...................................................................... ; .......... 9 17. Severability ...................................................................................................... 9 18. Captions ........................... : ............................................................................. 9 -i- 96016009.OCIIME0IW8870-331102-06-96I"f t. - 19. Release ftom·Liability ...................................................................................... 9 20. Notices ..................................................... : ..................................................... 9 21. Breach Shall Not Permit Termination; Nptice and Cure Rights ............................................................................................................ 10 22. Self-Help Rights .............................................. : .............. : .............................. 10 .23. Breach -Effect on Mortgagee and Right to Cure .......................................... lO 24. No Partnership ............. ~ ................................................. · .............................. 11 25. Governing Law ............. : ............................................ , ....... ··· .... ·· .. · ............... 1.1 26. Consent .......................................................................................................... 11 21. Estoppel Certificate .................... , .............. ; .................................................. 11 28. Waiver of Default .......................................................................................... 11 29. Counterparts ................................................... : .............................................. 12 30. Annexation Parcel ...................................................... ; ................................... 12 3.1. Deannexed Parcei ...................................... , ................. · .......... · .... · .... · ........... 12 QlJITCLATh-l .......................... : ................................................................................. 12 32. Quitclaim of Parking Easements .............. : ............................. ~ ....................... 12 33. Related Agreement ................................................... , ................................... 13 Exhibit I, A" EJChibit "B" Exhibit "C" Exhibit "D" TABLE OF EXBmlTS Legal Description ofHomenase Property Legal Description ofEastgate Property Site Plan Legal Description of Annexation Property -ii- 9601 6009.OCl1ME0IW8870-331 102·06·961«f t. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: HCWA REAL TV CORP. c/o HomeBase 3345 Michelson Irvine, California 92715 Attention: Vice President Real Estate (Space Above For Recorder's Use) DECLARATION OF CQVENANTS. CONDmONS AND RESTRICTIONS , A~D GRANT OF EASEMENTS AND OUITCLAIM OF CERTAIN PARKING EASEMENTS - THIS DECLARATION OF COVENANTS, CONDITIONS AND . RESTRICTIONS AND GRANT OF EASEMENTS AND QUITCLAIM OF CERTAIN PARKING EASEMENTS ("Declaration") is made as of February 7, 1996. by HCWA REALTY CORP., a Washington corporation ("Hom.eBase") and EASTGATE THEATRE. INC.~ an Oregon corporation C'Eastgatell). A. -HomeBase is the fee owner of certain real property situated in the City of Renton, County of King, State of Washington, described in Exhibit flAil attached hereto and by this reference incorporated herein (the "HomeBase Property"). HomeBase and any other party who subsequently acquires title to all or any portion of the HomeBase Property is hereinafter referred to astbe "H2meBase Property Owner. II B. Concurrently with the execution and recordation of this Declaration. Eastgate is purchasing from HomeBase certain real property adjacent to the HomeBase Property, which is situated in the City of Renton, County ofKins, State of Washington. described in Exhibit "B" attached hereto and by this reference incorporated herein (the "Eutpte Property"). Eastgate and any other party who subsequently acquires fee title to all or any portion of the Eastgate Property is hereinafter referred to as the "}3astgate Property Owner. U HomeBase, Eastgate and any other party who acquires fee title to all or any portion of the Eastgate Property or the HomeBase Property is sometimes referred to herein as an "OWDer." C. HomeBase would not otherwise agree to sen the Eastgate Property to Eastgate and Eastgate would not otherwise agree to buy the Eastgate Property from HomeBase without the restrictions, covenants and obligations, and the grant of easements set fonh in this Declaration. %Ol6009.OClIME0IW8&70-331102-06-96/cef -~-,."" '~-' "~'--~----------.-. '. D. HomeBase will hereafter hold and convey title to the HomeBase Property subject to certain protective covenants, conditions and restrictions and the easements as . hereinafter set forth. . E. Eastgate will hereafter hold and convey title to the Eastgate Property subject to the covenants, conditions, restrictions and easements contained herein. F. Attached hereto and incorporated herein by this reference as Exhibit "C" is a site plan depicting the HomeBase Property and the Eastgate Property (" Site Plan"). The areas labeled on the Site Plan as "Outparcels" are referred to herein as Outparcels. The area labeled on the Site Plan as "Theatre Parcell' is referred to herein sometimes as Theatre Parcel. The area labeled on the Site Plan as "HomeBase Parcell! is referred· to herein sometimes as HomeBase Parcel. The term "Shopping Center" used herein refers to the Outparcels, the Theatre Parcel, and the HomeBase Pared. . NOW, THEREFORE, in consideration of the foregoing, HomeBase and Eastgate hereby covenimt and declare that the HomeBase Property and the Eastgate Property are now held and shall hereafter be held, transferred, sold. leased, conveyed. encumbered, mortgaged. improved and occupied subject to the terms of this Declaration. These covenants, conditions, resblctioDs and easements shan run with the HomeBase Property and the Eastgate Property as described. herein and every part thereof, and shall be binding on Eastgate and HomeBase and their respective successors and assigns with respect to the Eastgate Property and the HomeBase Property. and shall inure to the benefit of the Eastgate Property Owner and the Eastgate Property, and the HomeBase Property Owner and the HomeBase Property as described herein. ~OVENANTS, CONDITIONS AND RESTRICI10NS 1. Use Restrictions Bincling on Eastgate Property. So long as the HomeBase Parcel is used as a general merchandiser selling home improvement items (or has been so used within the past twelve (12) months), no portion of the EastgateProperty shall: (i) be devoted primarily to the sale of hardware~ (il) be devoted primarily to the sale of paint; (iii) be devoted primarily to the sale of garden or nursery items or supplies; (iv) be devoted primarily to the sale or display of mill work products or supplies, including, without limitation, doors or specialty doors, custom kitchens, kitchen cabinetry, custom cabinetry, counters or countertops; or (v) be used for the operation of a "home improvement store." A1. used herein, the term "home improvement store" shall mean a store devoted primarily to the sale of home improvement items such as lumber, hardware, paint, gardening supplies. lighting. custom cabinetl"y. kitchens and millwork. 2. Use Restrictions Binding on HomeBase Property. So long as the Theatre Parcel is used to operate as a movie theatre (or bas been so used within the past twelve (12) months), no portion of the HomeBase Property shall be used for the purpose of operating a movie theatre. 3. Use Restrictions Binding on ShoWing Center. No portion of the Shopping Center shall be used for any of the following uses or purposes: -2- 96016009.OClIMEOlW8870-33IJ02-06-96icef , .' . 1 j I 0.: (a) Any public or prlvate nuisance. (b) Any noise or sound that is objectionable due tointermiUence, beat, frequency, shrillness or loudness (other than noises typically associated with a home improvement store or a theatre/cinema). (c) Any excessive quantity of dust. dirt, or fly ash. (d) Any fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks. (e) Any assembly, manufacture, distillation; refining, smelting, agriculture or mining op~rations. (f) . Any mobile home or trailer court, labor camp, junky~d, stock yard or animal raising. (g) Any drilling for andlor removal of subsurface substances. (h) Any dumping of garbage or refuse, other than in enc:losed, covered receptacles intended for such purpose. . (i) Any mortuary or similar service establishment. (j) Any commercial laundry or dry-cleaning plant; provided, however, this prohibition shall not be applicable to any premises if oriented to pick. up and delivery by the ultimate consumer and.there are only nominal on-site supporting facilities. (k) . Any automobile body and fender repair work. (1) Any flea market, swap rneet, "second hand" store or "surplus" store. (m) Any adult book store, any so-called "sin" uses including without limitation nude dancing, pornographic displays, displays of "X-medR materials or films, massage parlor or off-track betting facility. 4. Retail Use Restriction. So long 83 the HomeBa.sc Parcdis being used primarily for retail sales purposes, the Shopping Center .;;haU be used primarily for the retail sale of goods, wares and merchandise and for such service 'establishments as may be common to a first- class shopping center in the same geographic area. For purposes of this provision, movie theatre use shall not be deemed non.,retail and offices incidental to retailing. including banks, barber shops and beauty saloDs shall not be deemed non-retail. 5. HeiMI Restrictions. Unless otherwise approved by the HomeBase Property Owner, the height of the building constructed on the Theatre Parcel so long as Such building is used for theatre or retail purposes shall not exceed thirty-five (35) feet (excluding .]. 96016009 .OCIIME~870-331 f02-06-961ccf : ........... ;:, .... ' ...... ~._""' .......... 'I't"r'........ . _~_ .. ~_ .lobby. canopy and architectural features on the theatre building such as entry marquees)~ and the height of the buildings constructed on the Outparcels shall not exceed twenty (20) feet. Unless otherwise approved by the owner of the Theatre Parc:e~ the height of the building constructed on the HomeBase Parcel shall not exceed thirty-five (35) feet (excluding canopy and architectural features). 6. Undeveloped Building Area. Each of the Outparcels shall be paved and marked as a parking. area until such time as the commencement of construction of a building on such Outparcels. 7. Site Plan Restrictions. The Shopping Center must be developed in accordance with the Site Plan. Without limiting the foregoing, all buildings and other structures must be built within the building envelopes ("Building Envelopes") shown on the Site Plan and shall Dot exceed the maximum square footages designated for such buildings on the Site Plan; and. no changes shall be made to the parking spaces, driveways, service drives, entrances and exits from the layout thereof shown on the Site Plan without the prior appro-val of the owner of the HomeBase Parcel and the owner of the Theatre Parcel. Any revisions. modifications or other changes to the Site Plan shall require the prior approval of the owner of the HomeBase Parcel and the owner of the Theatre Parcel and the standards applicable to such consent are more fully described below. Until the tenth anniversary of the date of this Declaration any of the following changes to the Site Plan (ie. changes described in (1) through (6) below) shall require the prior approval of both the owner of the HomeBaseParcel and the owner of the Theatre Parcel which consent may be withheld in the sole discretion of such owners: (t) changes to any of the Building Envelopes within the HomeBase Parcel or the Theatre Parcel; (2) changes to the "Main Access DriyeWay" (hereinafter defined) which is situated along the boundary of the HomeBase Property and the Eastgate Property, (3) elimination of the acCess drive to East Valley Highway which is located to the soutb of the Main Access Driveway and identified on the Site Plan; (4) elimination of the "Service Drive" (hereinafter defined) which is situated along the rear of the building located . on the Theatre Parcel or relocation of the Service Drive in any way that could impair the operation, use or enjoyment of the HomeBase Parcel; (5) reduction in any of the parking ratios below those required by this Declaration; or (6) relocation of the main doors to the building located on the Theatre Parcel (If such building is used for theatre use or any other use other than retail use), any further north than as shown on the Site Plan or the addition of any entrance doors (exits and fire doors being aDowed) along the north side of the building totaled. on the Theatre Parcel (this item 6 to tenninate and be of no further force or effect if. as and when the Theatre Parcel is converted to retail use unless subsequently converted back to theatre or other use). Any changeS to the Site Plan occurring prior to the tenth anniversary of this Declaration which are not described in any of the items set forth in (1) through (6) above and any changes to the Site Plan occurring after the tenth anniversary of this Declaration (whether or not described in any of the items set forth in (1) through (6) above) shall reqUire the prior approval of both the owner of the HomeBase Parcel and the owner of the Theatre Parcel but neither of said owners may unreasonably withhold or delay their approval of such dlanges. Notwithstanding the foregoing, any changes to the Site Plan required by the City of Renton in connection with the initial proposed development of the Theatre Parcel ("City Regyired Site Plan Changes") which are not otherwise described in any of the items set forth in (1) through (6) above shall not require the approval of the owner of the HomeBase Parcel although said owner sball be entitled to notice thereof. In 960l6009.OC1/MEOIWS87G-3311Ol-06-96Jcef P.I2IZ/S3 additiODt if the buildiDg located on the Theatre Parcel is changed from theatre use 10 retail ust; then (i) such building may be expanded to the east beyond the Building Envelope shown therefor. but not further east than tile front buildins line of the exi5tin& building located on the HomeBase Pared; provided, however. that u a condition to such expansion the Eastgatc Property Owner must mitigate, to the satisfaction oflhe HomeBue Property Owner, any impaitmelU to the visibility of the identification lip located 011 the south elevation/cast end of the bdilding located on the HomeDue Parcel, and (ii) the maximum total pamissible building square fOO1agc of the building on the Theatre Parcel may be inaea&ed from 56,896 square feet to 92,000 square feet . . 8. Bestrictigps Limiting Construction Interference. During any period of constnlGtion of my improvements on the Shopping Center, all reasonable OleUUTClIhall be taken by the coDItrUcting owner at itS cost to minimize any impact that construction may have upon the \lie and/or operation oftbe rttnainms property in the Shopping Center, m.::luclm& without Iimitatinn. dust and noise abat.emem and interference with ingress, egreia or ~ to t:htl remaining property in the Shopping Center. 9. Parking Ratio and St8odards. The HomeBase Property and the Ea.st.gate Property shall each. contain parkiDg sufticient to accommodate alI patrons. ~invitees. employees, vendors and other visitors to such properties. The parking areas within the HomeBase Property sha1I. always gontam at leaatfour 8JUI OM-tenth (4~1) parkiog spaces for so-called standard size American automobiles for each one thousand (1.000) square feet offloor area in the HomeBase Property, and driveways and footwaY' incidental thereto, or such greater DWDbec ot spaces as may be required by any applicable' govl!I1llt1en(al regulation, code, special use or other zo.oing permit. The parking areal with the Outparcela shall always wntain at leut four . aDd one-tenth (4. J) parting spaces for so-called SIaruIard.size Amtrican automobiles. and driveways and footway. incidenta11here~ Cor each one thousand (1,000) IK(UIR feet of floor area in such OUtparcet, or suchgrcatcr number of spaces as may be lequired by any appJicable govemmental regulation, code, special use or other zoning pennit. .M long ac tM Theatre Pwl is used to operate a cinema, the plrking areas with the Theatre Parcel shall always contain at least one (1) parJcina space for evcty foue (4) seats in the movie theatres located within the Theatre Patcel and driveways and footways incidental thereto~ or suchgreatez number of spaces as may be rcqaircd by any applicable governmental regu1atiOll, C04H, s~ use or othtr zOl1iDg permi~ PTVYidcd. however. ifappliQblclaw permits ODe (1) parking space fot more thanfaur (4) seats in the theatres, then the parking within the TheatrePar~e1 may only be reduced to what applicable law permits iftbe reductioo will resUlt in DO impact on parking Within, Druse 0( the HomeBase Property. lfthe Theatte Parcel is used for retail (as opposed to movie theatres) then the parking arr.as within the Theatre Parcel IhaJI alway! contain at least four and one-tenth (4.1) parlci.ng spaces Cor so-c:aIled aundard size Americ;an automobiles, and driveways and footways incidental theRto. for each. mae thousand (1,000) square feet offloor area in such parcel, or such greater number of spaces 18 may be required by any applicable governmental r6gllJation. ~de, special use or other zOnina permit.. -5- ., . ..:t ........ _ ... -; .. '~.' .'. I addition. ;if the ~uilding located on the Theatre ParGeI is changed fro~ theatre use to retail use, then (i) such building may be expanded to the east beyond.tbe Building Envelope shown therefor, but not further east than the front building line of the existing building located on the HomeBase Parcel; provided, however, that as a condition to such expailsion the Eastgate Property Owner must mitigate, to the satisfaction of the HomeBaseProperty Owner, any impairment to the visibility of the identification sign located on the south elevation/east end of the building located on the HomeBase Parcel, and (ii) the maximum total permissible building square footage of the building on the Theatre Parcel may be increased from 56,896 square feet to 92,000 square feet. 8. Restrictions Limiting Construction InteIfereQ~e. During any period of construction of any improvements on the Shopping Center, all reasonable measures shall be taken by the constructing owner at its cost to minimize any impact tbat construction may have upon the use andlor operation of the remaining property in the Shopping Center, including. without limitation,. dust and noise abatement and interference with ingress. egress or ·access to the remaining property in the Shopping Center. I 9. Parking Ratio and Standards. The HomeBase Property and the Eastgate Property shall each contain parking sufficient to accommodate all patrons, guests, invitees. employees,· vendors and other visitors to such properties. The parking areas within the HomeBase Property shall always contain at least four and ninety-four one-hundredths (4.94)- parking spaces for so-called standard size American automobiles for each one thousand (1,000) square feet offioor area in the HomeBase Property. and driveways and footways incidental thereto, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning pennit. The parking areas with the Outparcels shall always contain at least five (5) parking spaces for ~called standard size American.automobiles, and driveways and footways incidental thereto. for each one thousand (1,000) square feet offIoor area in sUch Outparcel, or such greater number of spaces as may be required by any applicable goverrunental regulation, code, special·use or other zoning permit. As long as the Theatre Parcel is used to operate a cinema, the parking areas with the Theatre Parcel shall always contain at least one (1) parking space for every four (4}seats in the movie theatres loCated within the Theatre Parcel aDd driveways and footways incidental thereto, or such great~ number of spaces as may be . required by any applicable governmental regulation, code, special use or other zoning permit~ provided, however, ifapp1icable law permits one (1) parking space for more than four (4) seats in the theatres, then the parking within the Theatre Parcel may only be reduced to what applicable law permits if the reduction will result in no impact on parking within, or use of, the HomeBase Property. If the Theatre Parcel is used for retail (as opposed to movie theatres) then the parking . areas within the Theatre Parcel shall8lwa.ys contain at least five (5) parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto, for each one thousand (1,000) square feet offloor aream such parcel, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning pennit. -5- %0 16009.OClIME0IW887()" 331102-06-961cc:f we;;: QQ __ . EASEMENTS 10. Reciprocal Driveway Easement In connection with the developmem of the HomeBase Property. the HomeBase Propeny Owner constructed a driveway which is located on both the Hom~Base Property and the Eastgate Property and is shown on the Site Plan as, and herein called "Main Access Driveway. II There is hereby granted and established to and for the benefit of the HomeBaseProperty Owner and its invitees, agents, tenants; servants, visitors and licensees (collectively, the "HomeBase Permitted Users"), a perpetual non-exclusive easement " appUrtenant to the HomeBase Property for ingress to and egress from. the HomeBase Property and for driveway use only, to pass over and througb and use that portion of the Main Access Driveway located on the Eastgate Property. " There is hereby granted and established to and for the benefit of the Eastgate Property Owner and its invitees, agents. tenants, servants, visitors and licensees (collectively, the "Eastgate Pennitted Users"), a perpetual non-exclusive easement appurtenant to the Eastgate Property.for ingress to and egress from the Eastgate Property and for driveway use only, to pass over and through and use the portion of the Main Access Driveway located on the HomeBase Property; provided, however, that the Main Access Driveway may not be used by the Eastgate Permitted Users for construction access in connection with any development of or on the Eastgate Property or by the HomeBase Permitted Users for construction access in connection with any development of or on the HomeBase Property, . The owner of the HomeBase Parcel shall at all times maintain the Main Access Driveway in good condition and good repair. The Eastgate Property Owner shall at all times maintain, at its sole cost and expense, a commercial general liability insurance policy with a financially responsible insurance company, covering the activities of the EastSate Property Owner, the Eastgate Property Owner's agents, contractor's, subcontractors and employees, and the other Eastgate Permitted Users on or upon the Main Access Driveway. The endorsement to such insurance policy shall evidence that sUch insurance policy (a) shaD. have a per occurrence limit of not less than One Million Dollars . ($1,000,000) and an aggregate limit of not less than Two Million Dollars ($2.000,000), (b) shall name the HomeBase Property Owner and, so long as HomeBase or one of its affiliates, sub~icliaries or its parent company bas an interest in the HomeBase Property, Waban"Inc., a Delaware corporation,.as additional insureds, as their interest may appear, (c) shall be primary and noncontributing with any other insurance available to the HomeBase Property Owner or Waban Inc., (d) shall contain a full waiver of subrogation ,clause, and (e) shall cover the indemnity obligations ofthe Eastgate Property Owner set forth below in this Paragraph 10. The Eastgate Property Owner shall, from time to time, upon the request ofthe HomeBase Property Owner, deliver to the HomeBase Property Owner certificates of insurance evidencing its compliance with the insurance requirements ofthi! Paragraph 10. . The HomeBase Property Owner shall at all times maintain, at its sole cost and expense, a commercial general liability insurance policy with a financially responsible insurance company, covering the activities of the HomeBase Property Owner, the HomeBase Property 96016009. OClIMEOIW8810-331102'()6-961cef ~--~~~----~~----~----------~~'"" . ~ " .". I Owner's agents, contractors. subcontractors and employees. and the other HomeBase Permitted Users on or upon the Main Access Driveway. the ServiCe Drive and the "Sign Easement Areall (as defined in Paragraph 12 below), The endorsement to such insurance policy shall evidence that such insurance policy (a) shall have a per occurrence limit of not less than One Million Dollars ($1,000.000) and an aggregate limit of not less than Two Million Dollars ($2,000,000), (b) shall name the Eastgate Property Owner as an additional insured, as its interest may appear, ( c) shall be primary and noncontributing with any other insurance available to the Eastgate Property Owner, (d) shall contain a full waiver of subrogation clause. and ( e) shall cover the indemnity obligatio~ of the HomeBase Property Owner set forth below in,this Paragraph 10. The HomeBase Property Owner shalL from time to time, upon the request of the Eastgate Property Owner, deliver to the Eastgate Property Owner certificates of insurance evidencing its compJiancewith the insurance requirements of this Paragraph 10. Notwithstanding anything to the contrary contained in this Paragraph 10, so long as the HomeBase Property Owner is HCWARealty Corp., or any affiliate or subsidiary of Waban Inc., a Delaware corporation, or any successor thereto through merger, acquisition or· otherwise, and so long as the HomeBase Property Owner or its parent has a net worth of at least One Hundred Million Dollars ($100,000,000), the insurance requirement of the HomeBase Property Owner contained in this Paragraph 10 may be satisfied by any plan of self· insurance from time to time maintained by the HomeBase Property Owner or its parent. The Eastgate Property Owner agrees to and shall indemnitY, defend (with counsel reasonably satisfactoJY to the HomeBase Property Owner) and hold hannless the HomeBase Property Owner and its respective employees, agents, representatives, subsidiaries; contractors, subcontractors and affiliates (coUectively "HomeBase Property Driveway Indemnitees") from and against any and all Claims which any of the HomeBase Property Driveway Indemnitees may suffer arising out ot: relating to or in any way connected with the use and exercise of the Main Access Driveway easement granted to the Eastgate Pennitted Users as set forth in this Paragraph 10. The HomeBase Property Owner agrees to and shall indemnify, defend (with counsel reasonably satisfactory to the Eastgate Property Ownef)andbold harmless the Eastgate Property Owner and its respective employees, agents, representatives, subsidiaries, contractors, subcontractors and affiliates"(collectively "Eastsate Property Driyeway Indemniteesll) from and against any and aU Claims which any of the Eastgate Property Driveway Indemnitees may suffer arising out" of, relating to or in any way connected with the use and exercise of the Main Access Driveway and the Service Drive easements and the signage easement granted to the HomeBase Property Owner and/or the HomeBase Pennitted Users (as the case maybe) pursuant to the easement grants set forth in Paragrapb 10, Paragraph 11 and Paragraph 12. For purposes of this Declaration, the tenn "Claims" shall mean any and all actions, suits, causes of action, and/or claims for bodily injury and/or property damage, costs and expenses, including. without limitation, reasonable attorneysl fees and costs. . The Eastgate Property Owner may elect to carry a commercial general liability insurance policy covering the entire Main Access Driveway and meeting the requirements of the insurance policy and all other insurance requirements set forth in this Paragraph 10 above, for the benefit of both the Eastgate Property Owner and the HomeBase Property Owner. If the Eastgate " Property Owner makes such election, it shall do so in writing and shall thereafter have the right to receive a reimbursement of one-half (112) the cost of the Main Access Driveway liability policy from the HomeBase Property Owner promptly upon delivery to the HomeBase Property Owner .7- %016009. OC lIME0IW887().]] 1/02.()(j.961ccf -~-.-....... _-, .. , ... . - of evidence of the payment of such premium; provided, however. that the HomeBase Property Owner shall have no obligation to pay more than Five Hundred Dollars (S500.00) (US 1996 Dollars) per year for its share of the premium for such polky. 11. Service Drive Easement. In connection with the development of the Theatre Parcel. the Eastgate Property Owner shall be responsible for designing and constructing a service drive to be located at the rear of the Eastgate Theatre Parcel in the location depicted on the Site Plan. Such serVice drive is designated on the Site Plan as.. and herein called "Service • ~.II The Eastgate Property Owner shall construct the Service Drive in accordance with plans and specifications of the HomeBase Property Owner fur the service drive on the HomeBase Parcel which have been previously provided; and the Eastgate Property Owner shall maintain the Service Drive, at its sole oost and expense,· in good condition and in good repair. The Eastgate Property Owner shall be entitled to receive from the HomeBase Property Owner upon completion ofthe Service Drive an amount ("Increased Amount") not to exceed Ten Thousand Dollars (SI0,OOO) toward the cost of the initial installation of the Service Drive. The Increased Amount represents .the incremental increase in the cost of the Service Drive to construct in accordance . with plans of the HomeBase Property Owner rather than the Bastgate Property Owner's standard rn plans. The Eastgate Property Owner hereby grants for the benefit of the HomeBase Property . (7) Owner, its tenants, subtenants, agents~ contractors, subcontractors and employees, a perpetual ~ non-exclusive easement appurtenant to the HomeBa.se Property to be used solely for the purpose <Xl of allowing service vehicles, including trucks, to pass over and through the Service Drive as 8 o means of access to and from Lind Avenue. N ~ '2. Pylon Sip £a.scment The Bastgate Property Owner hereby grants to the en HomeBase Property Owner an easement appurtenant to the HomeBase Property for signage purposes over the portion of the Eastgate Property designated on the Site Plan as "Sign Easement Areal! to maintain an existing pylon sign and all systems necessary for its operation. The Eastgate Property Owner shall have no righb to use such sign or any replacement sign. The HomeBase Property Owner shall maintain the sign in compliance with applicable taws, and cannot increase it in height or width without the consent of the Eastgate Property Owner. This easement shall continue for the term oftbis Declaration and for so long afterwards as such easement isuti1ized for the above-described purposes. MISCELLANEOUS 13. Constructive Notice and AcceJ2tan<tc. Every person or entity who now or hereafter owns or ilaluires any right, title, or interest in, or to any portion of the HomeBase Property, or the Eastgate Property is, and shall be; conclusively deemed to have consented and agreed to every covenant, condition, restriction and easement contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired such interest. 14. Duration of Declaration. This Declaration shall continue in full force and effect for sixty (60) years and is binding on all owners and occupants ofthe HomeBase Property and the Eastgate Property, provided, however. that aU easements granted in this Declaration shall 96016OO9.OClIMEOlW8870-331102-06-96/cef , . I 1 • i i f j :: 1 . 1 1 J .J , "i'! iNi,i'S.!' • .y=$N:;;P continue in perpetuity except for the sign easement which shall have a tenn as set forth in Paragraph 12 . 15 . Amendment to this Declaration. This Declaration may not be amended to modify or eliminate the covenants, conditions or restrictions contained herein without the prior written approval of the owner of the HomeBase Parcel. and the owner of the Theatre Parcel and any attempt to do so shall be void and have no effect. 16. No Covenant to Operate. Nothing contained herein shall be construed to . be a covenant to operate or to do business within ihe Shopping Center and the parties expressly disclaim any such duty. 17. Severability. Every provision of this De<:laration is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal or invalid, such illegal or invalid term or provision shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 18. Cagtions. Any captions to or headings of sections of this Declaration are solely for convenience, are not a part of this Declaration, and shall not be used for the . interpretation of or determination of the validity of this Declaration or any provision hereof. 19. Release from Liability. A person or eiltity shall be bound by this Declaration only during the period such person or entity is the fee or leasehold owner of any propeny which is subject to this Declaration, except as to obligations. liabilities and responsibilities that accrue during said period. Although persons or entities may be released under this paragraph, the covenants and restrictions in this Declaration shall continue to be benefits to and servitudes upon said property running with the land. ,20. Notices. Any notice, request, demand. instruction or other communication required by this Declaration to be given to any owner. including, but not limited to, a notice of assessment, shall be in writing and shall be either (a) personally delivered by a commercial . messenger service;regutarly retaining receipts for such delivery, (b) sent by registered or certified mail, return receipt requested, or (c) delivered by the air courier services known as Federal Express, Express Mail, Airborne, or Emery Air, and such notice shall be effective upon delivery thereof to the owner being given noti~ and shall be addressed to the owners as listed below (or their successors or assigns as may be reported in writing in accordance with this paragraph): To Eastgate Property Owner 96016009.OCllMEOlW887()"331IOZ.Q6..96Jccf Eastgate Theatre, Inc. Clo Act III Theatres 919 S.W. Taylor, Suite 900 PorUan~~gon 91205 Attention: Mr. Walt Aman, President Telephone: (503) 221-0213 Telecopy: (503) 228~5032 to HomeBase Property qwtter With a copy to: HomeBase 3345 Michelson Irvine, California 92715 Attention: Vice President Real Estate Telephone: (714) 442-5000 Facs.imile: (714) 442-5120 Waban One Mercer Road Natick, Massachusetts 01760 Attention: Vice President -General Counsel Telephone: (508) 651-6500 Facsimile: (508) 651-6623 If an owner desires to change jts address for the purpose of receipt of-notice, such notice or change of address shall be given in the manner specified herein. However, unless and until such written notice of change is actually received. the last address and addressee as stated by written notice, or provided herein if no written notice or change has been received, shall be deemed to continue in effect for all pUrposes hereunder.' . 21. Breach Shall Not Permit Tennination: Notice and Cure Rights. It is expressly agreed that no breach of this Declaration shall entitle any owner to cancel, rescind. or otherwise terminate this Declaration, and such limitations shall not atr~ in any manner any of the rights or remedies which the owners may have by reason of any breach of this Declaration. No owner shall be deemed in breach of this Declaration unless and until such owner shall have received notice of such breach and thirty (30) days shall have elapsed after such notice without the cure of such breach having been completed. 22. Self-Help Rights. Upon the failure by an owner to observe or perform any of the covenants or provisions of this Declaration to be observed or performed by such owner, where such failure shall continuefor a period of thirty (30) days after written notice from a non- breaching owner to the breachi1J8 owner of such failure. an owner may. at its option. without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of the breaching owner, and any amount paid or any contractual liability incurred by the non-breaching owner in so doing shall be deemed paid or incurred for the account of the breaching owner, and the breaching owner shall reimburse the curing owner for the cost of cure; provided that an owner may cure any such default as aforesaid prior to the expiration of said thirty-day period but after notice to the breac:hing ewneJ'. if the curing of such default prior to the expiration of said thirty-day period is reasonably necessary to prevent injury or damage to persons or property. . 23. Breach -Effect on Mortgagee and Right to Cure. Breach of any of the . covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of . any mortgage or deed of trust ("Mortgage") made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any owner of any portion of the Shopping Center, or any part·thereof, who acquires title by foreclosure or trustee's ·10- 96016009.OClIME0IW8810-331102~961cef sale or by deed in lieu offoreclosure. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any owner in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Declaration; provided. however. that said Mortgagee shall have, prior to the time of the default, notified the owner giving said notice of default of the Mortgagee's interest and mailing address. In the event that any notice shall be given of the default ofan owner and such defaulting owner has failed to cure or commence to cure such default as provided in this Declaration then and in that event the owner giving such notice of default covenants to give such Mortgagee (which has previously given the above stated notice to such owner) under any Mortgage affectingthe Parcel of the defaulting owner an additional notice given in the manner provided above, that the defaulting owner has failed to cure such default and such Mortgagee shall have thirty (30) days after said additional notice to cure any such default. or, if such default cannot be cured within thirty (30) days, diligently to commence cuiing within such time and diligently pursue such cure to completion within a reasonable time thereafter: G:iving of any notice of default or the failure to deliver a copy to any Mortgagee shall in no event create any liability on the part of the owner so declaring a default. 24. No Partnership. Neither this Declaration nor any acts of the owners shall be deemed or construed by the parties bereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership. or of joint ve$re, or of any association· between any of the owners to this Declaration. 25. Governing Law. This Declaration and the obligations dfthe owners hereunder shall be interpreted, construed. and enforced in accordance with the laws of the State of Washington. 26.Coosent. In any instance in which any owner shall be requested to consent to or approve of any matter with respect to which such consent or approval is· required by any of the provisions of this Declaration, such consent or approval or disapproval shall be given in writing. 27. Estoppel Certificate. Each owner hereby covenants that·within a reasonable period after written request of any other owner. it will issue to such other owner or to any prospective Mortgagee, or purchaser of such owner's parcel an estoppel certificate stating: (a) whether the owner to whom the request bas been directed knows of any default under this· Oectar:ation and if there are known defaults specifying the nature thereof, (b) whether to its knowledge this Declaration has been modified or amended in any way (and if it has, then stating the nature thereof); and (e) wh~r to the owner's knowledge this Declaration as of that date is in full force and effect. 28. Waiver ofDefaull No waiver of any default by any owner shall be implied from any omission by any other oWner to take any action in respect of such default if such default .~ continues or is repeated. No express written waiver of any de&u1t shall affect any default or cover any penod of time other than the default and period of time specified in sUch express waivet'. One or more written waivers of any default in the performance of any term, provision or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent -It- 9601 6009. oc I 1ME0IW8870-331 102.()6..96Icef default in the performance of the same term, provision or covenant or any other teon, provision or covenant contained in this Declaration. The consent or approval by any owner to or of any act or request by any other owner requiring consent or approval shall not be deemed to waive or - render unnecessary the consent to or approval of any subsequent similar acts or requests. Th.e rights and remedies given to any owner by this Declaration shall be deemed to be cumulative and no exercise of anyone of sUch rights or remedies shall be exclusive of any of the others, or any other right or remedy at law or in equity which any such owner might otherwise have by virtue of a default under this Declaration, and the exercise of one such right or remedy by any such owner shall not impair such owner's standing to exercise any other right or remedy. 29. Counterparts. This Declaration may be signed in multiple counterparts each of which shall be deemed an original and which when'signed by all parties, shall constitute a binding agreement. 30. Annexation Parcel. IfEastgate or any person or entity controlling. controlled by or affiliated with Eastgate acquires all or any part of the "Annexation Parcel" which is delineated on the Site Plan and is legally descn'bed on Exhibit "D" attached hereto by this reference inoorporated herein ("Annexation Parcel"). the Annexation Parcel shall be automatically annexed hereto, making the Annexation Parcel subject to each of the terms and conditions oftrus Declaration and benefitted by the easements appurtenant to the Eastgate Property .. Thereupon, the Annexation Parcel shall be deemed to be an tlOutparceltl for purposes of this Declaration and shall be part of the Shopping Center. 31. Deannexed Parcel. If, as part ofEastgatets acquisition ofthe Anrlexation Parcel, Eastgate conveys title to the "Comer ParcelA labeled as such and shown on the Site Plan, then the Comer Parcel shall be automatically deannexed from this Declaration and shall no longer be subject to the terms of this Declaration and shall no longer benefit from any easements herein granted, all such easements being terminated upon Eastgate's acquisition of the Annexation Parcel . QUITCLAIM 32. Ouitclaim of Parking Easements. The HomeBase Property Owner and the Eastgate Property Owner hereby acknowledge and agree that the parking area within their respective property shall be sufficient to service aU parking needs of the improvements within their respective property and that they intend that no parking easements whatsoever over either the HomeBase Property or the Eastgate Property shall.exist To carry out that intention HomeBase hereby quitclaims to Eastgate those certain parking easements over the Eastgate Property which were created in Article 4: Section 4.1 entitled "Gram ofEasementsM for the parking of motor vehicles in that certain Reciprocal Easement Agreement with Covenants, Conditions and Restrictions recorded June 30, 1992 as Instrument No. 9206302702 ("REA "); and Eastgate hereby quitclaims to HomeBase those certain parking easements over the HomeBase Property which were created in Article 4, Section 4.1 entitled "Grant of Basements" as relates to easements for the parking of motor vehicles in the REA This quitclaim shall not affect the other easement grants contained in Article 4 of the REA The parties agree that if separate quitclaim deeds are 960 16009.OC 1 /MEOIWU70·331/Ol-06-96Jcef •• -: .# ••• :-.":'~ , ..\ i J required to legally effectuate the conveyance described in this Paragraph 32, they will so execute . such separate quitclaim deeds to carry out the purpose described above. 33. Related Agreement. Substantially concurrently herewith, Eastgate and HomeBase have executed and recorded a First Amendment to Reciprocal Easement Agreement which amends a Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated June 30, 1992, recorded in the Official Records of King County, Washington, under Fee No. 9206302702 (such agreement and amendment being herein referred to as UREA"). The parties hereto acknowledge that some provisions in this Declaration conflict with or are . inconsistent with the REA and some provisions are more burdensome than similar provisions in the REA. The parties hereto agree that although the REA is in force and effect, those provisions in this Declaration which are inconsistent with, conflict with or are more burdensome to a party than provisions in the REA (including, without limitation, Paragraph 7 and Paragraph 9) shall supersede. control and prevail over any provisions of the REA addressing the same subject ma.tter. 1// 1/1 11/ 960 1 6009.OClIME0IW8870-331102'()6-961ce( -13- ••• :"0 IN WITNESS WHEREOF, theundlerJilWJJ;dbave executed this Deciarationas of the date first set forth above. "EASTGATE~ "HO~BASEtI . 96016009 .OClIME01W8870-331f02-06-961tef COrotlI\lllOb HCWA REAL TV CORP., a Washington corporation By: ___ --,---_______ --'-_ Nmne~: ____________ ~------------_ Title,.:...: _____ ....--,. ________ _ By:, ________________________ ~ N~e~; ______ ----~--------~-----Tide ...... : __________________________ _ ·14· ", :J 1.1 -- " . IN WITNESS WHEREOF, the undersigned have executed this Dec::laration as of the date first set forth above. . "EASTGATE" "HOMEBASE" 96016009, OCl/ME0IW887()..J3l102-06-961cef EASTGATE THEATRE, INC., an Oregon corporation By: ______ ~ ____________________ __ Nrune~: ________________________ - Tide,,,-: _____________________ _ corporation By:-----'----±-t~_7_.~_r_r_r¥_=_::_::--- Name~:~ __ ~~~~~_+~--__ --- Title,.:....: __ ----!!:=:.~~~~===___ __ _ BY:--t-~~~-::f-L--'-~~/t~ Name ...... : _G::2::-=--~A..::rffi..:.;:!!u=.!.r_,!T.:.:.:. ~S~ilKIl.,~-+ ~iu..[ __ _ Title .... : _--'A~ul!!3th!!..!o:!!:.ln~·z::.::!le~d!.....::S~i.agn:....:;a::.::t:.=.Ory:..r..._ __ -14- ":I:':'.J~ •• '::-:,'I":'::~.:~'~.~.""""I"-'~.' .... :."r~ .... 'I',-~. ;. COMMONWEALTIl OF MASSACHUSETTS ) ) ) COUNTY OF MIDDLESEX On f~~1111'1, ,before me, ~£"~Ja Notary Public in and for said ~ personally appeared . Edward J. Weisberger;p50nally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknoWledged to me that he/she execute;d the .. s8ulBiff··,· .. ,.····· .. . his/her authorized capacity, and that by hislher signature on the instrument, the pe~;'"~~~ .... ~ ~ ' ..... ... entity upon behalf of which the person acted, executed the instrument.· t ~ : .. , . ':(';;': .. ~:---... . .... : ~~ _, ::OJ LAURIE E. RilEY. Notal',! Peb!ic My Commisslon Expiles Detamber 30, 1m . .., : &II ~ " ~! , ~. c....: .t:' :: u.:~ ~ ....... ·V· ", II."~'" "r: ~, 'J ) ", .. ,... , "'\, • "'~;I"I .... , ... ";: .... "'t~.I" t..... ~ COMMONWEALTH OF MASSACHUSETTS ) ) ) COUNTY OF MIDDLESEX On f.c.'l~1 A'~ ,before me, .~~~.~.a Notary Public in and for said.Stat~. personally appeared . ArthlHi Silk. £OOnally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she eXecuted the same in bislher authorized capacity. and that by hislber signature on the instrument. the person, or the entity upon behalf of which the person acted. executed the instrument, .... , .... E:y. .. . ., .. , .. ,": ..... ~:. ". ,;; WITNESS my hand and official seal ! .~ .. " . ~:~ 6".( •••• ;';. • ;; 1./" ." "-. ~. . LAURIE E. ~llEY. Notar{ Public My CommIssIon Expires Decemoor 30. 1999 960 t 6OO9.OC lIME0IW8870-331I02-06-961c:ef ?£ . 6 :: :, -• :",~ . ...> ~ '..'_ c:: 1) Q ~ .." '. .'. t ." _ ... Q..!....Iv\.2 OJ k. -:tt-~ C1"~ '" : '. ........ .. .:::I: Il. Notary Public in and for said State .~\ '/. \. 4, -. $; _\, . .~ ~? " .. ~, ' ~ '~'>-'~" I>-f .. " M ~ .. ' •• ~ 't" ,',t, ... (-' ..... I", • N .,' '~l ", , .. ,r ""'~~~~ ... ~ -15- 4:;C&l==ua:: -----_ .. _-_ ....... _----- STATE OF b f.G';.Q .j ) COUNTY OF t\tt.K .. 1M:?Mfl/t { ss. . On Af . r beforeme,~~e ~~,a Notary Public in and for said state personally appeared WpM ~ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within jnstrutnent and acknowledged to me that helshe executed the same in hislher authorized capacity, and that by hislher signature on the instru 1, e.p rson, or the entity upon behalf of which the person acted executed the instru ent WITNESS my hand and 0 OFFICIAL S'i"..A!. JACKIE WILKES NQj,'\FN FUSUr. ~".!':.:-'J COMt,USSIO\I ~JO fO::C~!~:!1 STATE OF --------t) ) ss. COUNTY OF ______ ~) On , before me, » a Notary Public in and for said state, personally appeared » personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that helshe executed the same in hislher authorized capacity, and that by hislher signature on the instrument, the person, or the entity upon behalf of which the penon acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 96016OO'J.OCllMEOlW8S7Q..331f02-Q6-961ceC .,j • • . ::~ ~I-.... . '1 ·.ii ~ '" ~ ·.t ~ .. ~ ·5 .1 ;~ '1 .j ~ 1 .. :j " .~ .~ J ., '·1 ·'l 'l .. , '1 .~ ~ ~ -... .!- 'l : 1 " ~ , ~ ... , A ., J. ~ ~ ::1 i C • . ' ., :: i L ~ .~ '! ~ -; , .i " ! 00 a') t':) .-4 (l) 0 N 0 to :en EXHIBIT "A" '-,, ___ 00_ •. ........ " LEGAL DESCRIPTION OF BOMEBASE PROPERTY '. . .: .•. ~2 . .: ':. ... " ... -: : .. :;--.~ LOT 2 OF BURLXNGTON NORTBBRN BINDING SITE PLAN (BSP-014-92), PER MAP RECOJU)ED III VOLUHB 161 OF PlATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER. ~COlU)mG NO. 9206302696, RECORDS Q'E'taNG COUNTY, WASlID£GTON;- TOGETHER mm ~ PORTION OF LO'r 3 OF SAID BINDING SXTE PLAN, LYING NORm OF A LDm, DESCRDED AS FOLLOWS: . BEGINNXNG AT A POINT' ON THE EASTERLY LINE OF' LOT 3 THA'l' IS 23.80 FEET SOVTB OF THE NORTHEAST COlU1ER OF LOT 3 OF SAID BDmDlG SITE' PLAN; 'tHENCE HORTH 88 DEGREES 09 HDru'l'ES 51· SE.CONDS WES'1' A Dl:S'rANCE OF 875. S2 FEET, MoaB OR LESS '1'0 A POZNT ON THE WESTERLY LINE· OF SAID LO~ 3 AND THE 'rERMDro'S OF THXS DESClUPT:IOH, SAXD PODlT OF TERHIlIUS BUNG 80.8 B FEET SOlJ'rH. OF 'mE ORJ:GIHAL HOUHWES'r CORNER OF LOT 3; (ALSO RNOWN AS (NEW) LOT 2 OF LOT LINE ADJ'USTMENTKAP RECORDED UNDER KING COUNTY RECORDING·NO. 9511299006); SITUA'l'E IN THE CITY OF RENTON, CO'UNTY OF KiNG, STATE OF WASHINGTON. EXHIBIT "AU 96016oo9.OC lIMEOlW8S70-331/02-06-961cef ~or:-.,,===-__ ..,.....,..,.u _~.#'~._"=""44_""'" ....... __ _ EmmIT "Btl LEGAL DESCRIPTION OF EASTGATE PROPERTY LOT 3 OF BtnatlNGTON NORTHDN BINDING: SXTE PLAN (BSP-014-92) i PER ~p RECORDED IN VOLUME 161 OF P~TS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORD::rNG NO. 9206302696, RECORDS OF KING COUNTY; EXCEPT T.BA~ PORTION OF LOT 3 OF SAXD BINDING SITE PLAN, LYING NORTH Of A LINE, DESCRIBED AS FOLLOWS: . . . BEGINNING AT A PO:tNT ON THE EASTERLY LINE OF LO'l' :3 THAT IS 2:5.80 FEET SOOTH OF ~E NORT.HEAST CORNER OF LOT 30T SAID BINDING SITE PLAN; THENCE NORTH 88-09'51-WEST A DISTANCE OF 875.52 FEET, MORE OR LESS TO' A POI:N'l' ON 'l'HE WESTERLY LINE OF SAID LOT J AND THE TERMINUS OF THIS DESCRIP'l'ION; SAID POINT OF TERMINUS BEING SO. 88 FEET SOUTH OF THE ORIGINAL NOR'l'HWESTCORNER OF LOT 3; ALSO KNONW AS (NEW) LOT 30F LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9S1129~006); SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EXHffiIT"B" 96016009.OCl/ME0fW8870-331102-()6.96/cef EXBwrr "CO' SITE PLAN [To be provided] EXHlBIT ne" 96016009.OClIME0IW8870-3311Ol-06-961ccf '1' " ." 1 1 t~ '~ i .' .==::== EXHmIT "D" LEGAL DESCRIPTION OF ANNEXATION PROPERIY Lot 6 BURLINGTON NORTHERN. A BINDING SITE PLAN (BSP-014-92), According to City of Renton Binding Site Plan Map Recorded June 30, 1992 in Volume 161 of Plats, Pages 8-11 mclusive, As King County Recording No. 9206302696. ~IT"DIf 96016009.OCIIMEOIW8870·331/02-06-96/cef ,. ,-. --, -.... '---'-'-'---'-'-'--...... ...:.,.---:... --..... -----.....--------....... _---------------- I- III III a:: l- II) t- ID .. 'If it ID //.// /,'1/ 1// 'f S60Z061398 rT~'-'-i· . ~d6"3nI~ -218.7D' EA8T VALLEY HIQHWAY 0/1,. -- • • ~! LEGEND ~ HOMEBASE PARCEL ~ THEATRE PARCEL OUTPARCELS (INGLUDES CORNER OUlPARCEL AND OTHER OUTPARCELS) CORNER OUTPARCEL ANNEXA nON PARCEL (ONCE ANNEXED IS DEEMED AN N~'" OUTPARCEL PER PARAGRAPH ./'1'0.0_. ___ 31 OF CC&R'S) . EXHIBIT ·e" -PAGE 1 OF" :3 DECLARATION Of' COVENANTS. CONDITIONS AND RESlRICll0NS AND GRANT OF EASEMENTS SECTION 30. T'MP. 2.l N., R. ~ E., wtwI. OTY Of" RENTON, WASHINGTON (HDn] Horton Dannla l "e80018t •• , Inc. C4muIIIlIt E.,-,.. ___ ,..,.,.,. .. ICC ..... II&SMI.... 122. lID • --IIA'" '1UI'" HDA JOB NO. 95&8.10 DIUo'" 5ICM.I: 1" ... tOO' DAft I Ctt£aCED1 ....... I :M~~ ~ SHEET: , OF': J r I .. ; ~I I: .. ro I-ro .... • II CD I I /// ,0:1/ I/? '/ -uo.OG' ....... ~-r-----:--------"'------------------------- • • 111 .... ~ • • • III • • • ••• • • • • • • • • • • .. • lilt"""'" -111." ... ...,.... -la~ • ••• ~ ••••• til • • • • • • • .. • • • • • • • • ••• • ........................ • • til • • • • • • • • • • • • • •• ••• t. ••••• .• • • • • • • • • • • • • • .'. • • • •• •••• .'. t • • • • • • • • • • • · . . . .. . . .. . . . . . .. .................., · .. ' . . . . . . . . . .. .... ............ ~ . · . . . . . . . . . . . . . . ....... .. . . . . . .. . . . ......... . 9602081:]98 ~~ LEGEND fi:!,!ja MAIN ACCESS DRIVEWAY ~ SERVICE DRIVE IW4B SIGN EASEMENT AREA • • 1"I"ia. ......... _mlD' eAST VALLEY HIGHWAY 1·..1 __ --I" 1-"1 "1'C .- EXHIBIT "C"-PAGE 2 OF 3 DEClARATION OF COVENANTS . S '" (HOR] Horton Dennie. Assoclat ... Inc. _ft, ~ H .... __ s...,.,. 1(1 ..... , .... 1.... 1tI-l1li -o.&ll: '/DIM HDA JOB NO. 9568.10 --5CIU: ,'-,00' CI<S:IIII); a.o.-~ "&~ ':1u~"Lrrc SHEET: 2 OF: 3 t- W W a: ... «D t- ID ... .. • II) I -,lUG' . .. ~ + · . · , ~ --------------T"---------------------------• • • •• 'l-I I"· .... • .... ••• ... ",-t?'al : . • • • ........ 4' ...... ' • 1IItI'IO'OI"I-.. 1t I NOI'" -~ • • 4 • t • • • • • .. .. • • • ;a , •••••••• 41 •••• •• . . . . .. . .. . . 4' • • • • • .. .. .. t • • .. II " • 4' • .. • .. • • • • • ." .••• t.. .. .. • • .. . .. . . .. .. .. . . .. . . .. . .. . . .. . .. . . . . . .. . . . . . . . . . ... . . . " , . . . . .' '.111' .. • • • • • • • .. • .. • • • • • .... £ . .. . . .. . .. .. . .. . ".' . . . . . tl' • • .. • • .. • • .. • .. • .. • • • + .. .. . .. . . .. . .. . . . . .. .. . . . . .. • • a .. ... • • • .. .. .. • • 9602001338 ;. .. ~! rr"" ! , 0 ~" ........ I"'r-lM._ , ~ Iii I , LEGEND 1_-...., I BUILDI N G ENVELOPE I;.A8T VALleE'!' HIQHWAY MAXIMUM PfBN"'.' ULDINQ SQUARE mgu.E BUltJ)INO OH lHEA'IIIE PMCEL_OII,BIII SQ. FT.; IF BUIIJIINO USIt IS CHANGE!) TO "ETAL USE, 112,000 sa. Ff. BUl\.OOIG ON HOWEBASE PARCEl-111.8<40 SQ. FT. BUlLD1I'1G(S) ON OUlPARCELS ___ I.OOO SQ.fT EA04 ONC1.UDINO ANNEXA 110M PARCEl.., IF ANNDED) 'Id'III"r._ EXHIBIT "C" -PAGE .3 OF 3 DEC LARA nON OF COVENANTS, CONDI110NS AND RESTRICTIONS AND GRANT OF EASEMENTS SECllON 30. lWP. 23 N •• R. 5 E.. w. CllY OF RENTON. WASHINGTON , [HOA] Horton Dennie. A •• oelate .. Inc. Con ... ".... £lit ....... '1, .. ,,,_ .... San.,.... IIIlf1111.N1O, ... , ... lID .. aIM -D.olr; IIUIM HDA JOB NO. 9588.10 011"" I ~ " -toD' .... .L --I... 1-~ 10CQllD: .. D. ... 1 ~T~ ;;.~'" 1 SHEET: 3 OF: 3 DEVELOPMENT PLANNING CITY OF RENTON \..-.tTY OF RENTON 1055 S. Grady Way Renton, WA 98055 FEB23200oo~4'~' --------------------------- Printed: 0l{ee~IVED Land Use Actions RECEIPT Permit#: LUA04-016 Payment Made: 02/23/200401:16 PM Receipt Number: Total Payment: 1,502.59 Payee: ARS CONSTRUCTION Current Payment Made to the Following Items: Trans Account Code Description 5010 000.345.81.00.0007 Environmental Review 5020 000.345.81.00.0017 Site Plan Approval 5955 000.05.519.90.42.1 Postage Payments made for this receipt Trans Method Description Amount Payment Check 2512 1,502.59 Account Balances Amount 500.00 1,000.00 2.59 Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 o 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 604.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0400873 Remaining Balance Due: $0.00 "1=\lEl OPMENT PLANNING . ·:·:TY OF RENTON FEB 232004 .. eCEIVED ~ EXIST. FENCE ---~4 I I GREEN RIVER VALLEY 2% NAT RAL --Ihf~ LANDSCAPE AREA (700sF) r • . .' . I EXIST. ASPHALT II I' I EXIST. CURB ---+ __ -.-;11 II LANDSCAPII~G ---+- FIRE SPRINKLER -j-- VAULT NEW SIDEWALK I I I EXIST. ASPHALT I I I L / EXIST. PARKING LIGHT POLE ~======11:~=' . ~. EXIST. CURB ~ UTILITY EASEMENT PER BSP-014-92 ~ ---_. ------------------ S. 88° 37' OT E. 166.67' ----+7~~~~~~ .~ I "';':""1-\--',-6'H X 'IrJ-4J'W X 14'-o"L CHAINLINK REFUSE ENCLOSURE WI SLATS --1--'+ LAN SCAP NG ~ --- b .' 0 <!; NEW ASPHALT 8 ST LLS "cr----. .. ' . · -.-· .' " · " . : ., LANDSCAPING -.-- .... -1' . .' '11r= NEW PARK.ING LIGHT POLE :: I ---J ~-. cll TCH BASIN TYP. I 7'-0" ._-------"I -"-.""----~ s. W. 41st. ST. SIT E P L ~.lJ~~~~ _____ _ l' = 20'-0" w > c::: Cl 0 0 0 (J) ,- N (J) ui UJ • N It) ~ -, ..-t) 110 , I~ 1« 0 z r ACCESS & , I _. ~'± T EXIST. PARKING LIGHT POLE I I ".-+~ I '" I ) I j I BURGER KING [ EXIST. Fill!; HYDRANT I 240':1' .-.... -~-----.---,,--.. '--'--- SITE AREA: BUILDING FOOTPRINT! MAIN FLOOR AREA: UPPER FLOOR AREA: TOTAL BUILDING AREA : LOT COVERAGE: PROPOSED IMPERVIOUS SURFACES: PAVING & SIDEWALKS: ROOF: REQUIRED PARKING: 35,OOOSF 7,083SF 6,633SF 13,705SF 20.23% 18,270SF 8,708SF NE-T-Am!A-,\-O, 8 4 68 ~f)SF--PER-&T-ALL -54:--23--S-T-ALI:S-RE€t'1r-' rt £7 AR f" t9 ' Ie)~: "Ih Sio. , ]. "f.:'r· :57 /ILL ~ p&-,Q. looe".., s:~ := Lf "i? 'J " 4-'7 .s.,. /'}t-L ~ R I::.Q 0, LA.~N...::..::::D::...::&g_AP_E_Q A~E.8_..cALCULATIONS CITY OF RENTON STANDARDS THE FOLLOWING EXCLUDE THE 10' SETBACK FROM 41st ST. GREEN RIVER VALLEY PLANNING AREA: 2% OF ENTIRE SITE = 2% OF 35,OOOSF OR 700SF PARKING AREAS: 5% OF PARKING LOTS = 5% OF 16,150SF OR 807SF TOTAL LANDSCAPING REQUIRED 1,507SF TOTAL LANDSCAPING PROVIDED: 7,210SF = 20.6% OF ENTIRE SITE OR 44.6% OF PARKING LOT t 0::: UJ r- Z UJ () FEB 2 3 21JUlI RECEIVED . I- '" Z « :l! 0: W J: '" . '" <0 '" '" ... '" <II 0 0 '" ... <II I <II "" '" < ., ~ ..... <II . 0 Woo Z ..... < :.:: .. c 0 0 IL .c '" 0. '" <0 C oo I <0 '" ., ,... (II 0 oo .... " as - ~ E- Q) U ~ "0 (JJ «S E-~ • -~ ::r: c:: u Q) CJ:: ::> Q) « .... CJ) ...... c (J) 0 CO ...... Wo> c 06 .-..s::: ...... (J) (j)CO enS III 66'-0" r---~~-Ir------~r --~~~~---lt· -'1<------+1-"' ___ "_~:aEi ==:;====-lpiI"""~='=-=~'''''-'~'=.=.-*'lII''''!i!!!!!+ ' .. :::,: •. ::::1 i 1 I I X-RAY DARKRM. r-l L _ 11--1 ........... "-11 MASSAGE EXAM E \ EXAMI CONSULT PETS ---\ DRS. OFFICE } -t I __ J i ---I i. I I I I I I , I 1 1 " r J · i 1 !3AZE CHIROPRACTIC OFFICE i : I MASSAGE , '.', ~ BREAK! STOR. "..1 MECH·oO CONSULT • F9 C '-~~..I.......L BACK STORflll" '\ I UP t+++H-I+t++-1 WAITING , -=1 I I ADJUSTMENT = . I I I I I 1lIooo-_~j =~ ~ REHAB I I rT I I : f = -~~t\~[><""1'"1 "'"'1"1 I '~I m I 0 .~ 1 FP I MECH.J.ELEC. I 0 I I I J +==~ I I, CORRIDOR .... 1; ELEV. CONFERENCE EQUIP. 253 NET SF LOBBY I ,',II .-I I I GiTfTt ;:-;: .·CC· ~,'0 ~ '. . . i I I I I, UP! 111 1111 I . .. J / , I . i I Iii 1 I·· ' I ~ .. .. I LEASE SPACE I 2,109 NET Sf' I r=~, ==~ I II iii ! I : I ! I I 1 I P= =9 ---''1--------+1-II II f -.'FrI.... .. Ii····· ....... I .' I L_lL_~_ ~~ _Jl __ --iL-__ lL_ -~--~L-_J . , , ".. '+'\ NORTH MAIN FLOOR P'L' ".-. . A. ~ .' 1/8' = 1'-0' .3.033 NET SF \ ::r. r~-r ----1-----r---\l-·--~--·:i----ii--l ... •.. • .of--.. ••. . r= .. ;; I ~== " ==-l I I : I I , I I ' , I I I ' I I I '==-- I I . r==- I I I I t , i 1 i l==--=- I I I I I I I I I -. r-- I I I I f'='-::' I .. -."-- . . , I i i , ' LeASE SPACE 2,895 NET SF ------l I I I --:-=1 I I . , ,. I \!,! I L' a:.,liS \i'~ I "~N(';lll I I II"""""' ___ (J......"" ......... ~··I-==l-t r--l' I II . \.,!I'", I.L; CORRIDOR LEASE SPACE 2,556 NET SF , ~ UPPER FLOOR PLAN 118' = 1'-0' I II I ~-.... .~.Jl. ~-J -= '"' I I I ; i UPPER LOBBY. I I ·r·i.' ~~'·"~'n·=:"~-I':;::-.··! T.:.CO" ........ :1' '1' (..L. .. l' , ' , ! I. .I i.' I : : "=-= .... =. kh. ·it 1'= ;n," iT: T T I~ f'r h-ti-' I, I DN I I ' +-... I ;, I I I ~ , '-i--J ,jJ I f , i 1'1 I ~.I1.111i 1-:::. -=-t : :: I ~IL_J. I I I , =---=-1 i I II I I I ==1 .., .. CI) .... (D (D 1-0010 (I) (\I ..... I Z CD I '" < CD t-. ... ::E ... .., 0: ~ '" w ~ ::t: !it .... (D ,0 CD 0 , • 0 10 UJ W U) .., lID Z ... .., < " .., :r: ... as c: ... o 0 II. .c: til a. ~ C» .:.= "0 «:S IX: • ex:: c:: C» ::> C» ....., C/) DEVELOPMENT PLANNiNG CITY OF RENTON FEB 2 3 2004 REC!£:IVEIJ f- U UJ f--:c u r:x:: .( ., ~~ , ' , ' , ' I ' I ' I I I I I I I , I I , --__________________ S_,_W_. _34ST STREET -'------------------------I I I I I I I I I I I , I , , I I I I I I I , I , , I 10' , I , I :), :1 FOUND 518"r~_':~§JAI1-~~ " 'lJ WI CAP '17672' -... I , , I I I I I , I ._---.. 0, \. ' r----~---------l----------------I----------------~--/!: I , , I I I , , \L~ I I 7667' I • I LDT3 RIM EL.-20.94 S. INV. E.L.~ 18.44 (12" PVC) E. INV. EL.-18.J4 (12" PVC) W. INV. EL.-18.24 (12" PVC) SITE PLAN FOR BILL BAKER LOCATED IN THE N.E. 1/4, OF THE N. W. 1/4, OF SECTION 31, TO WNSHIP 23 NORTH, RANGE 5 EAST, KING COUNTY, WASHINGTON GRAPHIC SCALE 1" =20' ~~~I""iiiiiiiiiiiiil~·~1 20 0 20 BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE BASED ON THE CENTEriLiNE OF S.W. 41ST STREET, BEING NORTH 813'37'01' WEST, AS'SHOWN ON THAT BINDING SITE PLAN RECORDED IN VOLUME 161 PF PLATS. PAGES 8-7 7, UNDER RECORDING NO. 9206302696. F<I'COROS OF KING COUNTY, WASHINGTON. LEGAL DESCRIPTION: (AS SHOWN ON TITLE ORDER NO. J 1 J62T -TJ.) LOT 6 or BURLINGTON NORTlIERN, A BINDING SITE PLAN, ACCORDING TO THE PLAT THtllEOF RECORDED JUN[ 3 , 1992 IN VOLUME 167 OF PLArs, PAGES 8 THROUGH 7 UNDER RECORDING NO. 9206.)02696,IN KING COUNTY, WASHINGTON. REFERENCE SURVEYS: 1. (1.0.$" VOL 48. FC. 207 2. R.O.S"VOL. 80. PO. 156. NOTES: LEGEND: ® FOUND MONUMENr AS DESCRIBED 1. MONUMf.NTS LAST VISITED 7-22-0J. o FOUND REJJAR AS DESCRIBeD @ _ LIGHT POLE W.M., 2. TflIS SURVeY WAS PERFORMED WITHOUT THE BENEFtr OF A CURRENT TITLE REPORT ANO THEREFORE DOES Nor PURPORT TO SHOW ALL EASEMENTS. COVENANrS" CONV/T!~.dVS OR R£srmCnONS, IF ANY, ' 1·_;-', .. - J!f-1 -- ~UNO CONCRETE MONUMENT IN CASE 1/2" BRASS PLUG W J PUNCH -------- " LOT (} 35.000± SQ. FT.-"'" (O.80± ACRE:). -..... I I I I I I I I I I I I I I I I I I I I I .1 ---------------j------------------ .' --:--- ASPHALT PAVEMENT CONC. CURB ---------_ _ _ _ _ _ SOUTf£FU R-O-W ----------------------------- " LOT 4 '" till .. ® mID ® @ o WAfeR VAL v. WArm ME:r.TI PIRE: HYDIlANT WATm MANHOLE CATCH BASIN STORM DRAIN MANHOLE: SANITARY SeWER MANHOLE SANITARY SEwm CLEANOUT UNDERGROUND UTILITIES MARKINGS --E-ELECTRIC POWER --VI- S WATER SERVICE: SEWER SERVICE -----:::::::::::c--:c:--:-::--.,---::c----Nee '37'07"W J3/5.46· (NfAS.) J375.36· (PLAt) ---- S. W. 41 ST STREET I J. THE: BOUNDARIES SHOWN ON nils SURVEY REPR£S£NT DE£O LlNIi:S ONLY, ACtUAL. OWNt:llSfIfP MAY o TfffRWIS.1 Ell' OE:TmMINE'D. , VERTICAL DATUM: NORTfi AMERICAN VERTICAL DATUM OF 1988 PI'R CITY OF RENTON. BENCHMARK: CITY OF RENTON BENCHMARk NO. 1241. OESCRIBED AS: A TACK IN LEAO IN CONCRETF:-F7LLEO 2-112" IRON R.iPE DOWN 0.5' IN A MONUMeNT CASE APPROXIMATfL Y 200' SOUTH OF THE: INTERSECTION OF S. W. 41ST STREET AND EAST VALLEY ROAD. . ELI'VATION ~ 22.76 U.S. FUT SIT'E BENCHMARK: FOUND MONUME:Nt: 1/2" BRASS PLUG Wi PUNCH IN CASE AT THE INTE'RSECTION OF S.W. 41ST STREET AND EAST VALLEY ROAD. ELEVATION = 22.66 U.S. FEET '. I .I -----------------I ---------:,c------__ _ " NAMe: "AI<t"· SITE PLAN C/O JOHN ~ I 40' -------------(@ FOUND CONCRETE MONUMENT IN CASE ;;"2 BRASS PLUG W/ PUNCH HELD AS T.B.M. ' EL.~22.66 U.S. FeET {J":VELOPMENT PLANNING ~ CITY or RENTON FEB 2 32U04 RECEIVED I I I Ia' ~ 3o::C. \el ~ ..... \ l' ~ ~, .. \ ... ~U~ • -~ ~ OJ OJ c. .-en c w . o z UJ 5 u.. ~ w U vi .J 0.. W I-« o \ .-___ ---_________ ~"_._._, ______ ... , _mw ... __ ..... _ ........ _ .. ~$ ..... ~_ .. """' .. ' .. M .. lp;a __ iW'8lIS'i'!_~ Ii z ~ o e, " f-f- f-f- I (f) (f) I 0.... 0.... 0.... ''1 0 "-Ie. e-I " ~ ~ 0 S-< • 0::: W I-Z W Uo::: W ....Jy: «« ZCD 0 (Jl....J (fl....J wCD LL 00::: [1:: 0 [LLL W N « CD I{ , " h ~ 'f ~ ~ _7 LCO <'-.J -[l, J C ) u::: 1-- -7 L_ 0 (~ z: 0 -- C·l C.J D~ LcJ ------------------------------------------------( CONTROL PLAN "'''''/111'\1..1 r"AVtMl:.NI '>, ',,-- CONC. CURB-'_ "-------------- --l ------ U)T 6 35,OOO± SQ. FT. (O.80± ACRf) ~, N --- CONSTRUCTION ENTRANCE DTL 1/5 . <:> ~ b ~ (\ "1 '" I I I I I I , I~, I 1'1 to EROSION BAZE PROFESSIONAL CENTER LOCATED IN THE lV,E, 1/4, OF THE N. W. 1/4, OF SECTION 31, TOWNSHiP 23 NORTH, RANGE 5 EAST, W.M, , -- ~ 18.88' i l, 114'% !£ , I r~ I ~L~<Il co I B I ,~ I I 0 I , :s ... I '" A I I I I I I lit I I I ... ~ I '" , I I I INLET PROTECTION DTL 2/5 i::; --i <:> ~ T -_--.J b ( ~ ---( LOT 4 NG COUNTY, WASHINGTON SW29th St Sw 34th St, _______ +-~ __ _ " Sw geth St Sw 41st St ,Oth St N E s GRAPHIC SCALE 1"=20' ~~~~I~iiiiiiiiiiiiiil~~1 20 0 20 LEGAL DESCRIPTION: (AS SHOWN ON TITLE: ORDE:R NO. 31 362T -T3.) LOT 6 OF BURLINGTON NORTHE:RN. A BINDING SITE: PLAN, ACCORDING TO THE: PLAT THE:RE:OF RE:COROE:D JUNE: 30, 1992 IN VOLUME: 161 OF PLATS. PAGE:S 8 THROUGH 11 UNOE:R RE:COROING NO. 9206302696.1N KING COUNTY. WASHINGTON. BENCHMARK: CITY OF RENTON BENCHMARK NO. 1241. DESCRIBE:D AS: A TACK IN LEAD IN CONCRETE-FlLLE:D 2-1/2" IRON PIPE DOWN 0.5' IN A MONUME:NT CASE APPROXIMATE:L Y 200' SOUTH OF THE INTE:RSECTION OF S. W. 41ST STREE:T AND EAST VALlEY ROAD. El£VATION = 22.76 U.S. FE£)" SITE BENCHMARK: FOUND MONUMENT: 1/2" BRASS PLUG Wi PUNCH IN CASE AT THE: INTERSECTION OF S. W. 41 ST STREET AND E:AST VALLEY ROAD. ELEVATION = 22.68 U.S. FE:ET DATUM: NORTH AME:RICAN VE:RTICAL DATUM OF 1988 PE:R CITY OF RENTON CONTOUR INTERVAL: 2.00 U.S. FEET fANfiOLE: 'ECHANICAL JOINT 'VERHEAD 'ROP£RTY LINE 'ADIUS ------'- .~ " , o o o N f- f- f-f- I (j) (j) I D- D- D- U:: L--{w f- Z W Uu:: W ---.Jy: <r:<r: 20J o (j)---.J (j)---.J wOJ LL Ou:: U::O QLL W N <r: OJ " z '" w '" o "-II .-.J o CL 1-:z: o u :z: o <: ~ ::.:: ::.:: ;r5 f I" I" I 0:: "-"-<t w c;: o >-m z o Vi GS cL c:i z I, :' 'I I: II 10' , , , L " - " - , , \" , «:J --- ",.,). 1/l't1.,1 f""AV/:'Mt.NI ~ " CONC. CURB--~- @ ---"-"---.,2 , -----.--- 2~,10 SITBACK AS SHOWN ON BSP-014-92 (PURPOSf NOT NOTE:D) _ J. _ ~7'07"1: ____ 11111.117' ~ ----- --l----- U"\T 6 35.000± SO. FT. (O.80± ACRE) "~ : I I j I I 1 I , I I I I EROSION CONTROL PLAN BAZE PROFESSIONAL CENTER LOCATED IN THE N.E. 1/4, OF THE N. W. 1/4, OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, ~~~~~KING COUNTY, WASHINGTON W.M., PROTECTION DTL 2/5 SW29th St b--~ - T--b ----( ---i Sw 34th iSt Sw 39th iSt I' I iSw 41st iSt ,Oth iSt 80th .""/ -"cJ1 LOT 4 ,/ ,I I I ,~, VICINITY MAP , , , 1 ,I " , , I I I 'I I I ~ ~G~ss~1 i, \ I I;;: ';\ I i ~I ~ ~ I~ II /'"'------------~-- //" ~ / . SILT FENCE 011 3/5, TV? 1 10 ' LANDSCAPE & UTILITY EAsfMfNT. ) J _ PER PLAT (VOt. lOB. PG. 12 8< 13). .___/ ---: -- - --":-':,-"":,, .-.... .0.:....:..::. -::::. ___ _ _ _ ~ ---- --~ - ---- ---- -----------EX 8" \ 'uG.:: lJ..J(.,), 111<3 1:: : I~II " ~II., 8/ i I /8 i 24';'; " ~I ; I I, ,,,_ 16.67·.j", I I, nm..---POWeR TRANSfORME:R _ -J-== II t--1_ 'j ~ £., ~'~ -T------. -b-----I---_~ ~ ~-. - --' -§ 1666' --- - - ---~K . • 1;. -J - - - - - - - -// . Go /' _u --- ~"----__________ ..,: __ ~s" ~. ---I ,,~ -~ --RIM-E- ~ ~ ~-.. . ..... --_-_ -. --EX 12 DI--- - --------_____ Ql.. -L ___ '1-0... ~ _ _ _ _ _ <';> -1 '-V\;;l\)L""'=i!2'fJ:;,.J~1 ,,,,,-;-c,.,....,.,,,,, ~~. _ c, -! N. INV. E.l.= 13,31 (B" PVC) CONC. CURB v-l'e E. INV. El.=12.73 (12" pvc) W. INV. El.=12.B9 (12-pvc) ASPHALT PAVEMENT CONC. CURB RIM EL.=22.22 INVffiTS UNOBTAINABLE ___ SOU1'flERLY R-Q-Jr EROSION CONTROL PLAN 1" =20' Cramer Northvrest Inc. ENGINEERS, 945 N. (253)852-4880 (Iocol) SURVEYORS & PLANNERS -CENTRAL, STE. 1'04, KENT, WA 98032 or 1-(800)251-0189 (toll free) (253)852-4955 (fax) E-MAIL: cnlOcramernw.com N!J/l":l7'07"ff t316.46' (JIEAs.J 1316.58' (PUT) S. w: 41 ST STREET TEMPORARY EROSION CONTROL SEED % Weight % Purity Chewings or red fescue 40 98 Fest1J.Ca nLbra. var. commutata. or Fnf:us::.a. rubf'B Annual or perennial rye LoHum mWiiflorum c" loHum perenM 40 98 Redtop or coloniol bentgross Agrosiis cUba or Agrostis tenuis 10 92 White dutch clover 10 98 Trifoliwn repens awe ; ( MIX -_._. - ~. Germinotior, 90 ------90 --'(j5"-'- 90 I l ( ~i , N s GRAPHIC SCALE 1"=20' ~~~~I--~I~~ 20 0 20 LEGAL DESCRIPTION: (AS SHOWN ON nTLE ORDER NO. J1362T-TJ.) LOT 6 OF BURLINGTON NORTHfRN. A BINDING SITf PLAN. ACCORDING TO THf PLAT THfRfOF RfCOROfD JUNf 30. 1992 IN VOLUMf 161 OF PLATS. PAGES 8 THROUGH 11 UNDER RfCORDING NO. 9206J02696.IN KING COUNTY. WASHINGTON. BENCHMARK: CITY OF RENTON BENCHMARK NO. 1241. DESCRIBED AS: A TACK IN LEAD IN CONCRITf-FILL£D 2-112" IRON PIPE DOWN 0.5' IN A MONUMENT CASE APPRO)(IMATEl Y 200' SOUTH OF THE INTERSECTION OF'S. w. 41 ST STREET AND EAST VALLEY ROAD. ELEVATION = 22.76 U.S. F'EIT SITE BENCHMARK: FOUND MONUMENT: 1/2' BRASS PLUG WI PUNCH IN CASE AT THE: INTERSECTION OF S.W. 41ST STREIT AND EAST VALLEY ROAD. ELEVATION -22.66 U.S. fTIT DATUM: NORTH AMERICAN VE'RTlCAL DATUM OF 1988 PER CITY OF' RENTON CONTOUR INTERVAL: 2.00 U.S. FfIT AEEREVlAJ''IONS BLC C CB CL co BUIWING CORNER COMPACT CATCH BASIN CLASS CLEAN OUT STORM DRAIN D DOCV DI os D/W n fSMT PO roc FF FHY FL Hlc 1£ DOUBLE DECTOR CHECK VALVE DUCTIU, IRON DOWNSPOUT DRIVEWAY nEVATION EASMENT FOUNDA TlON ORtJN FIRE DEPT. CONNECTION FINISH FLOOR LF' l/S FIRE HYDRANT FLANGE JOINT HANDICAP INVERT ElEVATION UNEAR FEU LANDSCAPING LECElv'lJ: DESCRIPTION STORM SfWfR SANITARY SEWER WATER AC PAVING NErr I . 1 MH MJ OVHD PLO R R/W S so IT S/W TC TP U.N.O. S W E N NW sw N£ SE CONC. SIDEWALK I· • I SPOT fLEVATIONS CONTOURS PARKING STORM CA TCHBASIN SANITARY SfWER MANHOL£ WATE.R VALVE FIRE HYDRANT UTIUTY POLE DECIDUOUS TREE CONIF'ER TRIT LIGHT POLE GUY WIRE WATER MITER WATER MANHOLE STORM DR/1.lN MANHOLE SANITARY SEWER CL£ANOUT ---50-- MANHOL£ MECfiANlCAL JOINT OVE'RHfAD PROPERTY LINE RADIUS RIGHT-OF-WAY SANITARY SfWER SQUARE FEIT SIDEWALK TOP OF' cu"e T£ST PIT L,'NLtSS 'tr:-":"r.,:,· 01I1ERWIS[ SOUTH WEST EAST NORTH NORTHWEST SOUTHWEST NORTHEAST SOUTHEAST EXISTING [\' srCR~1 ------- /'.-' ~;f \~'f /.: -----~ -.-- c-:C-C-I L.~J _.-._---:-0 -- , I 1!!111 @ J., 18! ® @ (0 FEB Z 3 2004 RECE!VED A-NNNNAA ;.'.,1· 'I l I " z m ~ ~ x /' o o I n 8 N € ~ U /' u N W o o I ~ o o N I- I-I-I- I (J") (J") I 0.. 0.. 0.. "' 0 "'-c-- '" "'-I ~ 0 ~~ 0::: w f- /' W Uo::: w ~y: «« Zm 0 'C"""-I (fl, (fl= wm U- 00::: 0:::0 ~LL W N « m ~ '" w '" ~ C' I I z: « ~ ~ C) z: 0 « et:: (-') c~ 2 et:: 0 i-en « ~ :::.::: ::.:: en ~ ('J ~ ;5 f l~ f I c;: 0.. 0.. « ci z NUE\ II 11.1 I, ,. III II II II I! )1/ " I, I i JIlBI ~ , ! II Ii 'I Ii , II II II Ii, Ii, II II , 10' r I \ \ \\ \ 1 \ (---~ --"" \ ~. L -"---- '" - o - '-_.- rill I I -I , --------L 6" PVC ROOFDRAIN 02% MIN. 4" DOWNSPOUT, TYP I • CB2 o I I / ,·.n LOT 6 35,OOO± SQ. FT. (O.80± ACRE) "'I~/I ., ....... . I .~ ... r 6" PVC ROOFDRAIN ,,----'-". ~ 4 02% MIN. //>' >:1> "-- ( ,,'~ / I ' ' -- CIlI ~\ 'n ,\., I .' 0 ' lANDSCAPE & UTILITY EASeMENT I . , 1 _...L...:_P:R_P:~_O_L. __ '0B. pc. 12 &"S ___ --t,~-:"1===':===1k:::~=~":' ~t·=·1=6.67. I II I I ~~~~~==~~'~=-~====~~==~~~~~~J. 4 ---eX B" SS----~----~-K-l • -, "-, - -168.67' '_._; ""'="'-=;-~"7'~;:;===";--"'-;r"':-~=:-----bP.~(L_L " ~ ...... ,," _".:I .. <l ' .. . , ~ I .,. -'" I ~ eJ "- ~ a '" ~ ~ ., ~ ~ I I I I I , I I , I I I I I , I , I I STORM & GRADING PLAN BAZE PROFESSIONAL CENTER LOCATED IN THE N.E. 1/4, OF THE N. W. 1/4, OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, ~~f.'~M'iijINE~v~·9~~T2,!!4~'B".4tT4 71;;;2",p;;,vc",KI N G CO U NTY, WASH I N G TON E. INV. EL.=IB.34 (12" pvc) W.M., W. INV. n.-18.24 (12" PVC) '" - o ----? LOT 4 / I I /1 II I, Surfoce Water Drainage Notes and Specifications 1. BEFORE ANY CONSTRUCTION OR DEVELOPMENT ACTIVITY OCCURS, A PRE-CONSTRUCTION MEETING MUST [IE HELD WITH THE CITY OF RENTON PLAN REVIEWER. 2. All construction sholl be in accordance with the 1996 Standard Specifications for Rood, Bridge and Municipal Construction prepared by WSDOT ood the American Public Works Association (APWA), as amended by the City of Renton Public Works Department. 3. The surface weter drainage system sholl be constructed according to the a~nro\<ed plans, which are on file In the Public Works Department. AJ1Y deviation from the approved plans will require written approval from the City of Renton Public Works Department, Surface Water Utility Section. 4. A copy of these approved plans must be on the job site whenever construction is in progress. 5. Datum shall be NAVD 88 unless otherwise approved by the City of Renton Public Works Department. Reierence benchmark and elevations are noted on the plans. 6. All sedimentation/erosion facnitles must be in operation prior to clearing and bunding construction, and they must be satisfactorily maintained untH construction is completed and the potential for on-site erosion has passed. 7. All retention/detention facilities must be installed and in operation prior to or in con ;'mction with all con"truction activity unless otherwise opproved by the Public Works Department. Surface Water Utility Section. B. Gross seed may be applied by hydroseeding. The grass seed mixture, other than City of Renton approved standard mixes, sholl be submitted by a Landscape Architect and approved by the Public Works Deportment. Surface Water utnity Section. 9. All pipe and appurtenances sholl be laid on a properly prepared foundation In accordance with Section 7-02.3(1) of the current State of Washington Standard Specificotion for Rood and Bridge Construction. this sholl include necessory leveling of the trench bottom or the' top of the foundation material, as well as placement and compaction of required bedding material, to uniform grade so Ihal the entire length of the pipe wm be 'lupported on a uniformly dense, unyit!lding base. All pipe bedding sholl be APWA Closs "C", with the exception of PVC pipe. All trench backfill sholl be compacted to minimum 95% for pavement and struclural fill and 90% otherwise per ASTM 0-1557-70. Pea gravel bedding sholl be 6 inches over and under PVC pipe. 10. Goll'Onized steel pipe and aluminized steel pipe for all dralnoge facilities sholl have asphalt treatment #1 or better inside and outside. 11. Structures shall not be permitted within 10 feet of the spring line of any storm drainage pipe, or 15 feet from the top of any channel bonk. 12. All catch basin grates sholl be depressed 0.10 feet below pavement level. 13. Open cut road crossings through existing public right of way wm not be allowed unless specifically approved by City of Renton Plonning/Building/Publlc Works Administrator. . 14. Rock for erosion protection of roadside ditches, where required, shall be of sound quarry rock placed to a depth of one (1) foot and must m .. t the following specifications: 4 - 8 inch rock / 40 -70r. passing; 2 - 4 inch rock / 30 -40% passing; and less than 2 Inch roel< / 10 -20'; passing. 15. All bunding downspouts and footing drains shall be connected to the storm drainage system, unless approved by'che City plan reviewer or Surface Water Utility Section. An accurately dimensioned, certified os-built drawing of this drainage system will be submitted to the City upon completion. 16. Issuance of the bundlng or construction permits by the City of Renton does not relieve the owner of the C<11~lnull1g legal obligation and/or liability connecled with storm surface water disposition. Further, the City of Renton does nat accept any obligation for the proper funclionlnlJ and maintenance of the system provided during construction. , 17. The Contractor sholl be responsible for providing adequate safeguard, safety devices, protective equipment, floggers, and any other needed acllans to protect the life, health, and sofety of the public, and to protect property in connection with the performance of work covered by,:lhe contract. Any work within the traveled right of way that may Interrupt normal traffic flow sholl require a traffic control plan approve by the Public Works Deportment, Transportation Systems Division. All sectlo". of the \\'SOOT standard Specifications 1-07-23 Traffic Cootrol shall apply. . 18. Special drainage measures wfli be required if the project 10000tion Is with;, the aquifer protection area (APA). i 19. BEFORE ANY CONSTRUCTION OR DEVELOPMENT ACTIVITY OCCURS, A PRE -CONSTRUCTION MEETING MUST BE HELD \\!TH THE CITY OF FENTON, PUBUC WORKS DESIGN ENGINEER. } k 20. All limits of dearing and areas of vegetation preservation as prescribed on the plan(s) shall be clearly flogged ir.Ithe field and observed dur!:g construction. 21. All required se-dlmentotlon/eroslon control facilities must be constructed and in operotion prior to land c!earinrJ Ci~d/or construction to ensun\ that sediment laden water do •• not ""ter the notUl'ol dralnoge system. All erosion and sediment facilities sholl be maintained In a ".G "'~c,ory condition until such ilme that clearing and/or construction I, complete and potential for on-site .roslon has passed. The Implementation, maintenance, reol.oc.ment and oedltlons to ',roslon/sedh~.ntotlon control systems shall be the responsibility of the permit... ~.' 22. The erosion and .edlmenlotlon control systems depicted on this drawing are Intended to be minimum reqUlrem,"~S.'.IO meet anllcln'oted sit •. :ondltlons. As construction progresses and unexpected or seasonol conditions dictate, the permit!!:>!! shall onticipct.e that more erO'>!1 n (.nd spdimento:~ion con(T("-facilities will be necessary to ensu're complete sUtatloo conhoi on thE. p-fopasetJ site. DurIn; t'rlt t:Ol.H"!:it.: -m 't.'tJwd~T,.:,ct:jO(\, V .. 9:'.01 li' e ,~bt~gct1on and' respoo';::..'.~~'t~' C£ t.r~ r;'E':"1111tee to address any new conditions that may be created by the activities and to provide additional facilities, over and abo', mLimum requirements, (]s :nay be needed, to protect adjacent properties and water quality of the receiving drainage system. \ 23. ApprOVal of this plan Is for erosion/sedimentation control onl)'. It does not constitute QfI approl'Ol of storm drolnO<!" design, size nor locol·on of pipes, ~ ~I ~ , 0\1 restrictors, channels, or retention flJc~ities. ! 24. During the time period of October 1st through April 30th, all project distributed soil areas greater than 5,000 square feet, that ore to be l<'It un-worked for more than 12 hours, sholl be covered by mulch, sodding or plastic covering. 25. In any area which has been stripped of vegetation and where no further work Is anticipated for a period 30 days or. :nore, all disturbed are 1S must be immediately stabm,ed with mUlching, grass planting or other approved erosion control treatment applicable to the time 01 year. Gross seeding !)Ione wHi be acceptable only during the months of AprD through September, inclusive. Seeding may proceed, however, whenever II Is In the interest of the permltee, but must be augmented with mulching, netting or other treatment approved by the City of Renton, outside the specified time period. 26. For all eroslon/sedim""tatlan control ponds where the dead storage depth exceeds 6 inches, a fence Is required with a minimum height of three (3) feet, 3: 1 side slopes. ~ ~ POWER TRANSFORMER ------"' ~ 27. A temporary gravel construction entrance, 24 feet x 50 feet x 8 inches of 4 to 6 Inch quarry spoils sholl be lara\6J ~'. all points of vehlc~lar Ingress and egress to the construction site. --. ~b \ --;'M -;;::=2-3-.3-'--- --.:q. ----- --~ N. INV. r,L.= 13.:31 (B" PVC) C'u.?, e. INY. EL.='2.73 (12" PVC) ~-::=-::_fi;-~. =' ==~-==-=-:=-:=-==-=~~ -;:;~:;:~=-:4'~-=~E:X ~~ 2~:'-:~::'==:-::' ~. :-:' = _~=:~,,:--:'4_"/ ~ I -.. ~------ CONC. CURB ASPHAt.. T PAVE:ME:NT CONC. CURB RIM fL.-22.22 iNVE:RTS UNOBTAINABLE SOUTlll!:RLY R-Q-1I' ~ -~'---'-',~~ STORM &-GRADING PLAN 1" =20' Cramer Northw-est Inc. ENGINEERS, 945 N. (253)852-4880 (local) SURVEYORS & PLANNERS CENTRAL. STE. #104. KENT. WA 98032 or 1-(800)251-0189 (loll free) (253)852-4955 (fox) [-MAIL: cnlOcromernw.com EXPIRES 0' W. INV. EL.=12.B9 (12" PVC) C81 TYPE 1 1 2 1 3 1 4 1 N88'37'07"W 13'l5 • .uI' (JIEAS.) 1375.36' (l>LAT) S. W. 41 ST STREET CB SCHEDULE RIM INVERT ~ .. COORDINATES, COMMENTS ... 22.0 19.71 I 5841.1, ~,108.0 GRATE 21.7 19.35 I 5843.2, 3180.3 GRATE 21.8 19.39 I 5772.3, 3234.6 GRATE 21.5 18.71 (lr NE)II:5841.3, 3240.9 GRATE 19.04 (8 ) , , PIPE SCHtEDULE PIPE TYPE 1t:2 8" PVC 2 to 3 8" PVC 3 to 4 8" PVC 4 to EX 12" PVC ~LENGTH D 7t e 6" , 69' I 74' .' 'i 1 i , , SLOPE 0.5% 0,5% 0.5% 0.5r. J N E s GRAPHIC SCALE 1"=20' ~~~~I""~'~~~ 2if 0 20 FEB 2 3 20\l~ RECEIVED A-NNNNAA -------~~-------------------,.--~.~----~------~,--" -~,----------------------------------~----------------------------------------------~---------·----_Wl ...... , ____ .... ·GIQIC ___ _ a ~ , 0::: '---jw I- 7 W Uo::: W -.J~ «« Zm o --.J Ul Ul _.J WOJ lL 00::: 0:::0 D...LL W N « m ;: z o N II .-r) 1.1 II I-- LLI LLI 0::: I-- o z STREET IMPROVEMENT PLAN N BAZE PROFESSIONAL CENTER OF LOCATED IN THE N.E. 1/4, OF THE N. W. 1/4, SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LOT 6 35.000± SQ. FT. (O.80± ACRE) J .. ----i- '~. . I- I II I I '. ~ I_!i ! II ----i II~ c II !ill ~ I I I I''''''.. I --1-& II I' I~I ~ •. '---I~ i§l ~ I I· . , . '. I I .' .~~ ~ I --' I " " ~ .:: . ----1_ 1 B : I .' .I~'~--'---C-' "--- RIM fL.~20.94 ;:-r;"..-,or=- S. INV. f.L.-18.4 t. INV. fL.c 18.34 W. INV. E:L.cIB.24 '" - LOT 4 -~-.' l I~ 1 I'~ '. . \ ' ~.J.\ --lI--+-- Ii 'f~ ... ' i ~ ~ ~ L I I' ! • <I ," § ~ !>< gs :1 ,'\8~ ug; ~u " II /--", • . ...... ~. I ~10' LANDSCAPE & UTILITY £AS&:T ............... j~ JRB PER PLAT (VOL 108. PG. 12 & ''1-3) RANSFORMf:R -------------. _-1-IL .. .. '11 I 1 - - - - - -.0.. • Ei-I--I-r ---- --- - - - - - - - --r-:;---EX 8. $5---"0-_ _ ..::J _ _ _1_ \~ __ -~T;O==o=':j':~~-""""~===::r'~~~~.=ll~"~'!1::·L -~. J 1-•• ' --"' • w -~.o?, j/ .'''''r,t, / ~ -• _K __ J_ ~.. ~.. ~ ...." ... .;" ~.. <l .. ' .. ,----7 -\ . .' , , " EX'12 01 ' " 'I •. '" V ; 'b~ ----------------~<'. ~ I",rn"" . '\ rn"".~ .~::::, 'I' " . ~ -'""~": ~.,,,.~ ~~----~ ~ TO NEAREST JOINT COR PLAN ~ F-03.1 4; SP-PAGE: F005.1 18 ASPHALT PAVEMENT CONe. CURB SOtmlERLy R-O-lr STREET IMPROVEMENT PLAN 1" =20' Cramer Northwest Inc. ENGINEERS, SURVEYORS & 9<15 N. CENTRAL, STE, 1f104, KENT. WA (253)852-4880 (local) or 1-(800)251-0189 (toll free) E-MAIL: cnlOcramernw.com PLANNERS 98032 (253)852-4955 (fax) NB8"37'07"IV 1376.46' (.I/lWI.) 1376.36' (plAT) S, W. 41 ST STREET COUNTY, WASHINGTON 40' 't> 2% r-----~rr-~. eg .. ~e ., 6' SIDEWALK PER COR DTL213 L---_ EXIST.CONC. CURB & GUTIER DTL 1 /3. FRONTAGE IMPROVEMENTS NTS 1 /2"X4" EXPANSION MATERIAL 1 /4 "R AT JOINTS"" s GRAPllC SCALE 1 "=20' ~~~~I __ ~I~~ 20 0 20 1 /2"X4" EXPANSION MATERIAL CEM. COI~C. CURB AND GUTER SCORE LINES TO BE RADIAL TO CURB AND GUTTER + 1/2"X4" EXPANSION MATERIAL 1 / 4"R AT JOINTS 1/4"R AT JOINTS ~ ~~~ W SCORE LINES B 'W'-WIDTH OF SIDEWALK 1/2"X5" EXPANSION MATERIAL CURB RETURN ONLY 8 .GENERAL NQTES~ JOINTS: DUMMY JOINTS SHALL BE PLACED NOT TO EXCEED 15' C/C NOR LESS THAN 10' c/e. THEY SHALL "lOT BE LESS THAi', 3/16" IN THICKNESS AND SHALL BE EXTENDED 2" BELOW THE GUTIER LINE. 1/2" THRU JOINTS SHALL BE PLACED AT ALL COLD JOINTS AS DIRECTED BY ENGINEER AND SHALL EXTEND 1" BELOW CONCRETE. WHERE THE SIDEWALK IS TO BE PLACED AGAINST THE CURB AND GUTIER. THE JOINT SHALL BE A COLD JOINT. 1/2"X 5" EXPANSION MATERIAL SHALL BE PLACED FROM P.C.'S TO P.T.'S AT ALL CURB ReTURNS. 1/2"X4" [XPANSION MATERIAL SHALL BE PLACED AT EVERY FOURTH SIDEWALK PANEL. THE CONCReTE MIX FOR SIDEWAU(S SHALL CONFORM TO THE REQUIREMENTS OF CLASS B (3/4") WITH AIR ENTRAINMENT. THE CONCRETE SHIH HAVE A BROOM FINISH WITH ALL EDGES HAVING A 2'1, TOOLED FINISH. SUBGRADE COMPACTION SHALL 8E 90% (MODIFIED PROCTOR) 1/4"/FT. 1 /2"R 1/2"R 1/4"/FT. SLOI'E 4" r 1/2"R T:::/~ r~"'-'f\ __ ,~.-PA!IIV~E~:~NT A; PEr~ PLANS 4" PAVEMENT AS PER STANDARD CEM. CONC. CURB AND GUTTER PLANS J PARKWAY STANDAR[I CEM. CONe. CURB AN,) GUTTER SECTION A-A SECTION 8-,S DTL 2/3, SIDEWALK , NTS 4 ..... FEB 2 3 2(l04 . ECE.IVED A-NNNNAA LU; 47 .4#pt;agt .:; z u f- f- f-f- I (/) (/) I CL CL CL L----1[5 I-Z W Uo-: W -l',( <t.<t. ZOJ o (jJ-l (jJ-l WOJ LL 00-: 0-:0 D-LL W N <t. OJ " z '" '" :> o N II Z <C --.J CL ex: W ::::: W Ui ex: w f- <C S -<: ':><:: ::,.,: ~ ;5 ~~ I~ f I n: "-"-<C z o iJj ~ n: g N LOCATED SECTION 31, WATER & SEWER PLAN BAZE PROFESSIONAL CENTER IN THE N.E. 1/4, OF THE N. W. 1/4, Water Utility Notes and Specifications 1. THESE NOTES SHALL APPEAR FOR PROJECTS FOR lHE WATER UTILITY. 2. All wor~ mate,;cI shall be in conformance with the ,tandards and specifications of the City of Renton PlanningjBuilding!public Worl<s Deparlmenl and Ihe 1996 edition of Ibe WSIlOT /APWA Standards and Specificalions. as approved and modified by the City of Renlon in Ihe Renlon Slandard Plans & Specificalions. A sel of approved plans sholl be kepI an site at all times durin9 conslruction. OF TOWNSHIP 23 NORTH, RANGE KING COUNTY, WASHINGTON 5 EAST, W.M., 3. The hours of work In the .tr •• t right of way sholl be limited 10 S: 30 AM 10 3: 30 PM on weekdays unl ••• otherwl.e approved In writing by the Public Works Deportment ot (42.5) 430-7301. The Poltee Deportme"t. Fire Deportment. and 911 sholl be notified 24 hours In advance of any work In the right of way. 4. All locations of e,isting utilities shown are approximate and It shall be the contractor's responsibBity to verify the true and correct locotloo so as to avoid damage or disturbance. For utility locates call 4B-haur loca\ol's Boo-424-5555. s CURB CONTINUE~ NORTH r 6" 90 BEND (MJXMJ) CONe BLKG II II II I II II 47' 6" 01 ........... II ~ II I I III I I! II lUI I L c - - Ii , 2" 45' EL~0I7 '. " 7 • ,L---~,--d:--=4'==='~=<~"~~'t=l"~'==~:'===:~'=4=:~~~~c~ __ q~ __ -__ , . . /\'If--- i1V PLUMBING BY OTl~ERS J LOT 6 35.000± SQ. FT. (O.80± ACRe \ ,. , ,. , . \ I • . ~ ---. ----- '<\ -1.11------- • '11----, • 11---- I }/V NEW 2" "r~" ) AND S~RI,1CE / DlL 5/5 1" IRRIr.A TlnN ../ METER -1_ --'/- I' I~ , , . '11-------'.\ JII -----1->-';' I ~ ~ ~ PLUMBING BY OTHERS • ' 6" PVC SS Y ~I ~ 1 I~ 6"DDCV~ ,I 02%~.'N --~/~ I ~ 1'\ DlL 475 "-l' _ _ OTL 1!~ /.-7-~ , i I 24': 1 1\ RIM t;L -20.94 S. INV. £.L.~ 18.44 (12 PVCT t;. INV. EL.-1B.34 (12" pvcf' W. INY. E:L.-15.24 (12" PvC) LOT 4 ~tJ{~ ABOVE" I!~c-'-10' LANDSC4P£ & UTILIlY £4S&£NT \-I;' "'1 ~ . ____ E.=UDED CURB \II,!U I PER_PLAT (VOL. lOB. PG. 12 & '""" """-4 ,.// 16.sr-.k I ~ ---L--: '-,---"=======11 ___ ' I I T POWER TRANSF'ORM£R ~ __ --.0-____ ---f---II. ..:. -£L.~IJ.98 ;... ------ -~\-----'"-i------fX B" SS----1:,-----Fl· 1--=-=1 __ \ -- - -I ' 168.67' -. 16.86' I ------~ CONC. WALK t\ < I': '" .. , \ ... _ ' .ard;, , .--. ') ( Q -------. I '\ . .. <', ;:~, " ,..,<. ..... <' ,4 'Y -l' "0 --________ ---~ ... E J \ '\ EX 12 DI '/"~ -----_I ___ '!q. ________ <'<',' '-_w.RI~I.I;FJf&.'L.'=tc#t2J";;.3!-,11T'~r.;w-"",,,, " , ~-~ N. INV. [.L.= 13.31 8 PVC 6 TAPPING TEE '-IS' 6" DI CONC. CURB \ C,. r ~-i><5> c. INY. n.=12.7J (12" PVC) 6" GV (MJXFL) W. INV. 1!L.-12.89 (12" PVC) ~CUG b S"_TEE W! S~E OUTLET IE-13.21± (CONTRACTOR SHALL VERIFY :Ii :g ~~rrnf t8~~~IfR~~~d~~RT ---- ASPHALT PAVt;MfNT WATER &: 1" =20' ~_C;;....;;;;r.....;;;.a=m;;;.;;;;..e..;;;..;;r~N..;...o;;,.;;;r:......;;;t.=..:;h:.....:...;w.....;::;e..;;:;.s..;:;,..t --::I;.;:;.;;:n:;..;;::c~. , ENGINEERS, SURVEYORS & PLANNERS 945 N. CENTRAL, STE. 6104, KENT, WA 98032 (253)852-4880 (local) or 1-(800)251-0189 (toll free) (253)852-4955 (fax) E-MAIL: cnlOcramernw.com SEWER PLAN •• '.1 NlIIl':J7'07"1r 1376.46' (JIEAs.) !B?'Il.3tJ' (l>UT) S, W, 41 ST STREET 6" BUILDING SEVoiER PIPE S. An approved Tmffic Contral Plan is required to be submitted at the Pre-Construction meeting. 6. All watermcin pipe is to be cemenl lined ductile iran pipe conforming to AWWA C110 and C111 or latest revision, thickness Class 52. Cement morlar lining and seal cooling .hall conform to AWWA C104 or latest revisi!>" Pipe joints to be push-on or mechanical joint. Bedding to be Class C. All ductile Iron pipe and fittings shall be poll"'th~ene wrapped per ANSI/AWWA C10S/A21.S-93 Standards. 7. Cast iron and duclne iron fittings shall be cement lined. pressure rated as noted on plans. and in accordance with ANSI/AWWA C110/A21.1D-87. Cement lining shall be in ac·:ordor ce with ANSI/AWWA C104/421/4-90. If fittings are 3 to 12 inches in diameter and have mechanical joints, the fittings sholl in accordance with either AN9/AINIA C:l0-A21.10-87 or ANSI/AWWA C153/A21.53-94. Three (3) Inch to 12 inch diameter fittings, which have mechanical joints and/or flanged joints. shall be in accordance wilh AN9/AWWA C110/A21.10.87 or a combination of ANSI!AWWA Cl10/A21.10.87 and ANSI/AWWA C153/A21.53-94 such thaI the portion of the fitting with a m_ichanical joint(s} may be with ANSI/AWWA C153/A21.53-94 and that portion of the fitting with flanged joint(s} shall be in accordance with AWWA C110/A21.10-87. A"ceplance testing in accordance with secllon 53.53 of ANSI/AWWA seelion 10-4.3 of ANSI/AWWA C110/A21.10-87 shall be obtained by the contraelor and transcnit\ed to the owner. B. Gate vales shall b~ Iron body, bronzed-mounted, double disc with bronze wedging device and O-ring stuffing box (AWWA C500) or of resilient seated twe (AWWA C509). Valves shall l,le designed for a minimum water operating pressure of 200 psI. Gate valves sholl be Claw List 14. Mueller Company NO. A2380 or M & H. 9. Fire h)<lrants shall be Corey twe (opening with th~ pressure) or compression twe (opening against pressure) conforming to AWWA C-S02-65 wlih a 6 inch mechaniccl joint inlel and a main volve opening (M.V.O.) of 5-1/4 Inch, two 2-1/2 inch hose nozzles with National Standord Threads 7-1/2 threads per Inch and one 4 inch pumaer n.ml. with Ihe new Seattle Pattern 6 threads per Inch, 60 degrees V. Threads: oulside diameter of mole thread 4.875 and root diameter 4.6263. Hydran:s sh(lll have a 1-1/4 inch penlagoo operating nut opened by turning counter clockwise {left}. 10. The two 2-1/2 inl,h has. nozzles sholl be fitted with cast iron threaded cops with operating nut of the scme design and proportions as the h)<lronl stem nut. Cops shall be filted with suitable neoprene goskets for positive water tightness under test pressures. 11. The 4 Inch pumper nozzle shall be fitted with a Storz adapter, 4 inch Seattle Thread x 5 inch Storz. Ston adapter shall be forged and/or extruded 6061-T6 aluminum alloy. hardce"t anodized. Threaded end portion shall have no lugs and two set screws 1 BO degrees apart. Storz face to be metal, no gasket 10 weather. Storz cap to hal'll symhetk molded rubber gasket, and sholl be attached to h)<lrant adapter with 1/8 Inch, cooted, stainless steel, aircraft coble. 12. Fire h)<lronls shall be painled with two coats of puint. Preservative painl number 43-655 safety yellow or approved equal. 13. Pumper conn,ction 10 face roadway assembly. 14. Fire h)<lronts shall i'e inslalled per City of Renton Standard Deloit for fire h)<lrants. latesl revision. 15. All watermain, 10 il'cnes and smaller to maintain a minimum cover of 36 inches below finish grade. All wolermain 12 inches and larger sholl be at a minimum of 4B inches below ~nisn grade. Where utility conflicls occur. walermains are to be lowered to clear. IS. All watermains 6 inches and larger in diameter shall be cleaned with pipe cleaning "PIGS" prior to disinfeelion. The "Poly pigs" shall be Girard Industries Aqua Swab-AS or appro'led equal, 2 Ib/cu. ft. density foam with 90A durameler urethane rubber coating on the rear of "PIG" only. 17. "PIGS" shall be c~inder shaped with bullet nose or square end. The contractor will perform the cleaning operation. 1 B. All wotermoins and services sholl be pressure tested to a minimum of 200 psi or 150 psi over operating pressure, in accordance with the speciflcatlons of the City of Renton and the Washington Stale Health Department. All pressure testing shall be done in the presence of a representative of the City of Renlon. The quantity of water lo.sl from the main sholl not exceed the number of gallons per hour as listed in City of Renton Standard Plans & Specifications 7-11.3(11}. The loss in pressure shell not exceed 5 psi during the 2 hour test period. 19. All watermains cnd s. rvices shall be disinfected by the injection of a 50 ppm (minimum concentration) chlorine/water solution. Dry Calcium Hypochlorite sholl NOT be placed in the pipe as laid. Chlorine shall be metered/injected in accordance with Seclion 7-11.3(12)E or 7-11.3(12)F of the Standard Speciflcalians referenced above. 20. A pre-construct:on conference is required prior to any construction. A minimum of five (5) working days notice is required for scheduling. 21. Twenty-four (24) ha",~ notice will be required prine to storlil1Q new construdioo. 22. It sholl be the ,'mtrodor's responsibnily to secure all necessary permits prior to slorting construction. 23. Installation of corporale stops, water services, liM' and meters sholl not be done untn ali service agreements, meter applications, construction permits, and payment of fees have been made to the City of Renlon. 24. All connection 10 existing mains Is to be occoO',,'ished by the City of Renton, excepl wet tops, which may be made by opproved wet top controelors with prior approval from the Pu:,llc Works Department. All necc:lsary excovatlon and moterlals ore to be supplied by the centradOf' and be on-site prior to City notifications. 25. Inspection w!11 be loccol',-."lIshed by a representollve of the City of Renton. It 'holl be the contractor's responsibility to notify Development Service, twenly four (24) hours in advance of backfilling all construction. The contractor. as weI! os the engineers. sholl keep as-buill drawings. 26. Contractor to prOl,ide plugs and temporary blo" -)11 assembli.s for testing and purity acceptance prior to final tie-in. 27. All joint restraint ,lystell,s1shackTe rcds,-nuls;b"ts, etc.) sholl be os manufadured by the Stor Manufacturing Company of Columbus Ohio, or equal, approved in writing by the Putllc 'Horks ~epor"n.nt. 2B. Asphalt ond cancri.'e shet paving sholl be sowcul to a minimum depth 01 'wo (2) inches. 01 mal streels may be spade cuI. All suriace concrete. pavemenl, sidewalks. curb. gutters. ono 'drlveway approaches ,hell be sowcut to a minimum depth 01 two (2) inches or removed to on e,isting "ponsion joint. 29. A lemporory cald nix asphalt polch sholl be p!a'led on the day of initial excavollon with a permanent. sealed patCh to be ploced. to City of Renton policy. within 10 do)~. Coli for subgod. '"spect;,n prior to plocelY1enl of final polch •• 30. For City projects "leh c,,, telemetry conduit, the PVC pipe used shall be All chemical process lines sholl be schedule BO PVC pipe. Schedule 40 in unimproved areas and schedule 80 ~VC :pipe under improved areas . PROPERTY LINE z ~ '0 6'_010 FUTURE I BUILDING SEWER '" liB ~ TEE WITH 6" SIDE OUTLET w z ::::; >- '( 2"x 4" STUD SERVICE MARKER PAINT UPPER TE ANS STENCIL ON SIDE PORTION WHI WER" WITH 3" HIGH BLACK LETTERS. f-a: 6" SIDE SEVIER AND S!.lILQINQ :;;E~B w "-0 a: a.. 60" ALLOWABLE MAX. FOR CAST IRON PIPE OR DUCTILE IRON PIPE. WORDING "SE AND #6 WIRE WRAPPED AROUND THE STUD AND EXTENDED T o THE TOP OF THE STUD. UNLESS OTHERWISE APPROVED BY T HE CITY, MAKE TAP THROUGH CAST II,ON SADDLE SECUllED TO SEWER MAIN WITH STAINLESS STEEL BANDS WHEN CONNECTING NEW SIDE SEWERS TO EXISTING MAIN. VITRIFIED CLAY, PLAIN AND REINFORCED CONCRETE, PIPE SEWER MAINS ARE TO SE CORE DRILLED 01 PIPE AND C1 1:3:5 MIX ~ CONCRETE /. SLOCKING /~~ot~~~ '.~ I>-"''"'v '0'-' .-~I>-'j, .• ",,,,,,, \ O'{..~t,.J r1~:2:::'=,~:, 2% MIN SLOPE HORIZONTAL 6" MIN. 6" SIDE OUTLET TEE SEWER MAIN CONCRETE SLOCKING ANGLE OF TEE AT MAIN OVER 25 ELEVATION !sEWER MAIN TYPICAl SIDf;...sD:IEB ELEYATION NOTE: UNLESS OTHERWISE SHOWN ON PLAN, SIDE SEWER SHALL HAVE A WINIMUM 2.5' COVER LINE OR 3-5' LOWER THAN THE LOWEST HOUSE ELEVATION, WHICHEVER IS LOWER. DLT 1 /4. , SIDE SE'.WER NTS AT PROPERTY '~EVELOPMEi-.!T PLAN.NING U CITY Of REN'fON FEB 2 3 2004 A-NNNNAA .,' " , .... z ~ ii' '0 I ' , ~ • ~ ::u -I ;:r: /n r m 1< » -I -"0 I 12 , ~'I'~ II ~Im ~ m --I m I !~ !::t> l~ , ...., ,I , ;0 Iz I ! ! , ! BAZE PROFESSIONAL CENTER S.W. 41 st St. & East Valley Road QEV~1¥,r:~~~~~'r6%NING Renton, Washington 98005 FEB 2 3 2004 ~';'~ f,C: ~:~\,EO -i :IJ :;:: '.;L'I; / ,--."jY ',{ // /1' 1f7l11" ., .. I -:.-1, "1 # ,. .r .. . I" I I ., . I· 1 .' I. ,. :1' . l ~,! -I' j' ., , . . "'I~'1 . , <. •• ~ , . "' . '. . . 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'i' ,"illiIHllJJ ".I 11: -"I dl'yr7 ;~i " . . 'Ii r" ,." ''''''v' ~ < ~ r ::i: Z '~ ~ ~ ~ Q ~ (J) Steven R.Radkey ARCHITECT o o s: 25 (f) =l o z i!3 o "T1 Z Gl :.-. " ;~ \ ~!m co II" ,I » ....:r.: ( , 6 H "." ~ t ~,; II -I m r m 1< I::t> i~ 10 liZ I i i ; I ! I I & ! I ~ o z· m < 'm z m !ll I , , /)/ , A"' 'I 1/./" ,'-'-: I 'I ~ kB ~' /' ; j! \ ! ~ ~ll i -!ill!) ~' II) , ~. ~l---. . i r--~DU l- ~r-ns: . ; .t ~ . /]'/ ' .. m ()l o ;tJ !!l PI-./ r y ~ //F /-Y II1I1 ',lI 'I t '\', , :j! 1-1 ,I I,! I' I' . l"\Ul;li i':1 "11 i i! I,! III , ", lit;llllll i! i,l" i 'II , 'I ' I ' j q I !, 11'1 i i , I; , II ./~II wlllillillilll!ll • 11 ! ,. " . ." .'. ;IHIlJl< " , , ~~~,- I. · , () , J!' ~ . l!l l '0 v I" :j ~ ,,(f) .... Z Q Gl ~ m m r 1:l .0_ t l " m;;:: :r ~ iN 'Z '!-"" PIc o :IJ 12·..()" ", , ~ 'C . 'll (,,): ."tI ~I ~ '1"11 ~ 17 . rr.35:,o" g 1m • ul il~ " ~ :~. en ...... • en ---f • .-; XI) o C -4 I -- 1m II m < » -f - .",I~!! ~ z ~ ~ <II ::::0 >'-, o '" Z ,:1 N m "C'". Gl -' -, • II \ 1--f'---1 ~, 1-."tUf-'-~ s; )\'rill r, r ~" en .i I j' CI:l I! ! ' ;:~-. · I . "I ; , I 'I IH ":'1' '.'. 1 i • l '. ". '! .,. , o. ",'. ,. "I . -1 ;\ ~;. '. l .' / : " i : 'I Ii ' II .. i .' .! , ~' ....... ·'·;:·; .... :'1 , . : Jr--, " . , . , , , ,:.-: Ii', I 'll.tll .' I! ,. ': r I .. ' , . .' -. • !. " · , 'J ~ o z . IIIii ill II ' ~I'I 'I'" :. : ". '. Yr'II'IJ , .. ,I II 336 S. SHERMAN ST. SPOKANE, WA. 99202 phone (509) 327-1091 fax (509) 328-5963 • --"~ < ~ ·z m fii z m m ;tJ . . . tI\!;~ itt _·.1 ,Ii k , .' :IJ m ~ o o ~ o ;.. :IJ m o ::i: 8 o "T1 » (f) o ;.. ,~ o (f) =l {5 z 8 'Tl Z \l ,I', 'i ~ ;; L i ~ :'P r :c !!! Gl q m ()l o :IJ (J) -i ~ 8 ----------------------~--- ® KING COUNTY DEPARTMENT of ASSESSMENTS 141790 3.25 AC 0050 N Be-55-" N :1 ~I N N 8j~3"'1 os w 0662¥ .24 AC 9001 el 1 B ~, 576.-42 612552# 14.06 AC 9i'J m ., 471585 SF 10.83 AC - , o :5 6.30 AC - o w ~ w o o " 67 B s. 1aOTH ST. ihe information 'ncluded on this map has been compiled by King County staff rom a variety of ~ources and !s subject to change without notice. King County makes no representations or warranties, express or implied as to K?CU~CY, compl"tene.s, timeliness, or rights to use of such inform~tion. . m,9 ounty shall not be liable for any general, special, indirect, Incidental, or conaeq.uential d,amages including, but not limited to, lost reven~es or lost, profits resultIng from the use or misuse of the information cont~l~ed on this map. Any sales of this map or information on this map is prohibited except by written permission of King County. 312305 KENT SP 78-21 126 _-"S".W". ~'LST ST 256962 6 12 AC 9129 Pel C 28.84 AC a90 20 S.P. 7611010669 2 29.32 AC 8401050426 14.93 AC 65033411' 83551 SF 1.92 AC / " '\,. • ,/ .,",0 NW 31-23-05 I "l OEYELQPME erry NT PLANNING OFRfNTON CONTROL MAJOR CONTROL MINOR RIGHT OF WAY PI.AT ----- ------------_. SHORT PI.AT PARCEL ORIGINAL PARCEL EASEMENT SURVEY/LEGAL HYDRO CITY BOUNDARY Ptucel Boundary • • '" "~ . ., it :;I; \', ,~W ~ .... ~::o, :'~'.:~ " . ;~. " ,- #f~ t .. ,-1' "'~ • N + KC 0119 Scale 1:1200 (1" -100') o 100 ,0lES 2 3 2004 ~="":FE\io;ET iiiiiiiiiii~RECEIVED 40: 40 40 657770 SF 15.10 AC 900 , I '0 f~ ,ru ,Jo .. Platted Major Boundary ","' 4i,1!-, ;9' '* ,,~ "\'fr <I August 28, 2002 "" , '\ 36129 SF "-ocoo ' '\ c • w .1 ___ '.,~~~c;----__ _ SEE N'd 31-23-5 POR _ •. ,)!!<~~ ..... ;.,! POR 0170! 535094 SF 12 28 AC 0030 6 125380 BURLINGTON NORTHERN" ~ A ',', '\ LLiA IND'L PARK 6' F RENTON DlV. 1 o o " N 88-36-37 '1/ 1214 1333,OA7 I 2.11677 SF 5.55 AC Of/O s.w, 41ST ST • , • , • , , LOT 3 LLA 016-85 8602139001 ~oo r-"156:rr:;;~., \'J." 1375.36 35000 SF 0040 o " 69417 SF 0040 392680 2Q0075 SF 0010 KOLL BUSINESS CENTER/RENTON VOL 114f16·1S 8 36677 SF oon LLA 1.114 39 129,72 _1 ____ "!y~7 ',N~ __ ~ 41870,,": mI, I " .' ... Jot 3 2 1004.15 5 c. 189580 SF 4 35 AC 0000 92428 SF 2.12 AC 0020 S.W 43JIJl. i'1306 _ 2550649 300' ~I. 139818 SF 0000 6 96169 SF 0030 o o / , 7::-5087822-12' , " 0' • , -, " Iw ,i Z .; '-• , , . l!J : U"I • i-i .' , " , . I z I z :~ , , , . I , ~ , • w : ~ t"~ __ ~~~--~I ~ w 312305 KENT SP 87-6 ",:)0 ,~J;'2 y 8110271074 5,72 AC 249357# 9033 15766 .... SURVE'( 81<. 16, P 294 KENT LLA # LL-94-4 9402232196 IV 89-01-56 Vi 729 7 9014 .. "" ___ ..... _ .... __ ~ __ t:!. . .§S-03-07 'Ii .4 -:; 89-03-8E:-___ ..... _77· .. _ ... _ .... _,.Jg.99.94] 3 08 .. ---, ... -"'.-.......... ,-, ... ' ... .. 312305 KENTSP88·18 8708310640 ;;URVEY 81<. 18, P. 226 l.OT 3 3~4357 3F • 7.91 AC n~.-""'-"-"'-'"'''''' ' . N' 9062 _ •• " ....... _ .......... _ ...-'_ ..... _. ;).-03-q,El 'd "'_,_._ ... "'---'_ ....... _ ...... _'--.',......, 10 16.;£2 --"--. . ...... _._""-_.,..._, ....... -......... _"" .... --........ - 5.5-<1 AC .,.. -.. -."..---.. ,-.;-.~----• ~03 67 ... _ ... _ ...... _-,->0..-...... _.-.--,,-.--" N 89-02-C MT. • !------------------------------I , I : / ; I, 5~ 35" 55f I 35 " ry il ., w • o , o o Z, • I 1.a9 AC! 9011 108 +/- '------ 9079 110 TURNBA UNE 30357 9032 I I II I II I. I I' I , DE·iEL9!::'\:1~~.r! ;'Lj\;--JNfNG C i 1 "~I or: nENlON FEB 232004 RECEIVED ---------------------------~"",~'-----------------.------------ FILE NO. SSP -014 -92 FD, CASED DONC. MON. I WI TACK IN LEAD~ SCALE III = 120' WMH FH '2r WV J LS'" ! I : I . r- -I'") o. '10> UPM.!..---~ 0 ... 'f.. BURLINGTON NORTHERN 161 10 8 LOT 8 181,753 SQ. FT. 4.173 ACRES A 8 I N 0 I N G ,_. ~S:!d' T~E!!!!:::=d:,P".,l!!!!L!:QA~N===;- UTILITIES -ORIGln4L PLAT OVERLAY SECTION 30 t TWP. 23 N. t RGE. 5 E t WM. SECTION 31 t TW P. 23 N. t RGE. 5 E t W.M, CITY OF RENTON KINC: COUNTY WASHINGTON S.W, 34TH ST. FD. PUNCH MARl< IN BRASS CAP IN CAsto COOC. MON .• 2.90' N.B 0.18' E. OF INTERSECTION PER SURVEY RECORDED UNDER REC. NO. (8602269002. t ,2.WV -.-------tIIf---- WMHo 400;,.0.,5' UP", " .t, -+-LS 251.59' .... ~ oTMH FH 1 ' -.----- '2 wy ~ __ tf°TMH -~-:?'t ~.~r.. .. ::;' J -t -, ~ " i I'~ ~ :i I · ... 0 I , 0)1.., I I '<t ° I 6 I i II I I ~ ! I v r-:~ I ", V' . I ,. ~g ~ ,.', "-Jr- '. ,~)..o ~ "Co f-Z 1 ~o • ,,' -w ----$ 87050'2~''E •• '"Qo"TV , ----1--: FH---N 87°!50'23"W-___ . 10 LANDSCAPE a UTL. ESM'T.-.J ::; : .' ,,)', aEVI ALONG STREET FRONTAGE PER PLAT ~. fi' ; ~;.;;P 32 .:..-. ~ ,SS"IH sp-378 -79 PARCEL B LOT 8 160,042 so. FT. 3.674 ACRES !. L r86,OS' t,' , 1 : r.t . SDMH . : EXISTING R l' , R. , TRACK I I LOT , I , I I I I 03 I 8 I "-J o 60 120 180 24{) ~ ..... ~~~~~ ___ ~~~~~i o z " ~' .;: ! ; lit 196,485 SQ. FT. 4.5// ACRES SSMH ~: LV fH LS RRCA RRCB SDMH SSI1H TIfH TLS TS 'SB TV UPI'! \mH wv ELECTRICAL VAULT FIRE HYDRANT LIGHT STAJlDARD RAILROAD CONTROL l'.RM RAILROAD CONTROL BOX 5roRM DRAIN KAHHOLE SANITARY SEWER KAHHOLE TELEPHONE KAHHOLE TRAFFIC LICHT STAJlDARD TRAFFIC SIGNAL TRAFfIC SIGNAL BOX TUEPHONE VAULT lJIfO£R{;ROIJ)fD POWER KARX ER W WATER HAHHOLE ....... WATER VALVE --' 2: W' > c:( a z -1 • FD. CASED CONe. WON.W/~ BRASS PLUG. (TYP. 7 PLACES) I I I , I I I .' 9.17, , 'N8705Q4t"W FH ~ I -20' RAILROAD ESM'r TO BE -=1-j I CREATED ,BY THIS DOCUMENT. 20 UTI L1TY ESM'T, TO BE' MH ~ CREATED BY RECORDING OF ..: :; THIS DOCUMENT. :5 g I rOo ~ I ~Jr a • ViW!1o I I "-J a. r-I >-W 0 I S~ ~ i=~ ii: .l. ~a:: -ctI .... I-' .~ I/) w w Z o :r Q. lU ..J W ;... o I LOT .. ---- 7 :;;S'J,721 so. FT. 8.235 ACRES --li+---AREA TO BE DEDICATED FOR LIND AVE., SEE SHEET 4 OF 4. , 6: 09°06 's;," J'/ R = 2043.79' • L = 325.13' ""\ J 6 "7 ,. R.R. TRACK ---i 1---LJi I I w 576,111 so. FT. 13.226 ACRES 3 b~ ~20' RAILROAD RIGHT OF WAY ~2.. RELINQUISHED BY !XlCUMENT RECORDJ,"D " 0 UNDER KING CO. REC. NO, 2.z~o u;;;.r ~z ~ --~::4-!-:88C::-.O~·--· ._---'--'--':=J-. I 0"'''£0 'LAO I CO'~H-:OT 2:~~g:-~:- i '''''''' PC. ""' NO """"""'0 II " "';''':~;:~, ~.... . "'. ":~!;~':;;'1 * ACCESS B UTILITY EASEMENT i 16.677 t, 16.67' { UPON RECCROING OF THIS DOCU:I~ f--~ i 5 III . ~ LOT ~:~I I'g:!!! LOT ·IN_"-J EXISTING 20' UTILITY EASEMENT --I r ~:~ 6 N~ j= : I ~~ 4 ~.-~ N ':... 35,000 so. FT.Z I I o:l5,OCOSQ. FT. iii ~ \ 0 0.803 ACRE~S Vi 0.800 ACRES 0 Vi 16.67' ~ 1667' S68"49'45"W '--_______ ~~_ r _ 16667' t, '. .1 39.11'",·". ... -----------------L .--. --=-166.67...,...,.;·.;;::"..:;·:JA~~~~~~ ~ L Sooo37'07 E .. -. ---.-tltf-----SSMH'~ s. W. 41 ST ST. RELEASE OF ACCESS TO THE STATE OF WASH. PER REC ..,.. ~I ........ SSMH I- (f) « w CONDEMNATION OF ACCESS TO STATE HIGHWAY NO.5 (E. VALLEY HWY.J a OF LIGHT, VIEW a AIR TO THE STATE OF WASH. PER KING DO. SC.C. ND.570903 SHEET 3 OF 4 FILE NO. SSP -014 -92 FO.CASED CONC. MON, wI TACK IN LEAD ~ BURLINGTON NORTHERN A BIN 0 I N ~bo=' odS~I~Td!!oE!!=:kP~L:QA~Nb- PARCEL CONFIGURATIONS SECTION 30 J TW'~ 23 N. I RGE. 5 E J W.M. SECTION 31, TWf~ 23 N. I RGE. 5 E J W.M. CITY OF RENTON KING COUNTY WASHINGTON s.w. 34TH ST. ~: , 161 11 £V FH LS RRCA. RRCB SDHH S5PIH TKH TLS T5 T&B TV I1PK IfKH wv ELECTRICAL VAULT FIRI HYDRANT LIClIT STAHDMID RAILROAD COllTROL ARM RAILROAD COHTROL BOX STORM DRAIN KAHItOLE SANITARY SEWER MANHOLE TELEPHONE MANHOLE TRAFFIC LIGlIT STANDMID TRAFFIC SIGKAL TRAFFIC SIGNAL BOX Ttt.r:PKOHE VAULT lJ)IDERGROUIfD PCM!:Jt KAUER WATER KAJOfOL!: WATER VALVE _u_ .. _ UTILITY EAsalEKT CREATED FD. PUNCH MARK IN BRASS CAP IN CASED CONC. MON., 2.90' N. a 0.18' E. OF INTERSECTION PER SURVEY RECORDED UNDER REC. NO. /8602269002. ----~ ---r +....... 400.05' , '0 I ----5 870 50~ .. ~ . 25.1.59 .. -.y ,1 I ' 23 ('----4_-: --N870iJ'23"W--3 il I 10 LANDSCAPE 8 UTL. ESM'T. -..J =: =oT , :;:-, E-----· 4Q,~ I I I I ALONG STREET FRONTAGE PER PLAT a..N 6 = 8904Q 32': \ , .. "i' ~ R = 55.00 -"', 'I col L=86.00' l45' I .{ 0 , j j _ ~ H---EXISTING R.A. TRACK ! seA LE III = 120' o~~~ __ ~1P~~~I~z~O" __ mM~18~O~~~~2~1° l-< ..J Q. 0:: I.IJ Q. Z \5 OJ:: <I ::E f-W W 0:: I-/J) , , , 'v '" r.: '" N J WI .... '" '0> 0 0 N 0 :z , , , 'v ~ I<) to N ';I: COl N 's: 0 8 III Z ~ c:[ :l: I-' W W a: I-IJi ~ I.IJ :z ~ , , . , . . , . W ::) Z W > <:{ 0 Z I -.J , , , , . ~ ~ '" '" .. ..J N 87Q06'45~JBl . <to "'0'1 • -co "": .. I .~~$ [;52;1; ~ ~ ~ ·_......;;;,D.;:E~T.:...:.A:..:..I.::L-I I" = 50' I I . .... -I<) o· LOT 8 /1 ~ / ~~ I I ,L ~~ LOT ~~ 1/ I "'!: '(7) >-0 8 ~ ~ LOT I '.0> ..... 0 If> () ..,. N 181,753 SO. FT. 4.173 ACRES ·oJ ~ ::l~ ~ / f ~ I:) I-'z 160,042 SQ. FT. 10'" i!: I I ~ 0 ::i <J ~c Ct W ~ l:5 -W 3.674 ACRES 7 0 I . ,t ~ 50:: ..// b 196,485 SQ. FT. • 'a. I ~ It '\ ;'t 4.51 I ACRES ~I.o ~I t ~~ 4)' '1/ .0 12 o ,il......] t-'-'.fl ~~ r-lQ' ,...,,;; \ /i' <f}1 I ~ I 0 r.0; '01', ,:X "'~<;) I j -. \p~.b-.'iJ ,r.O; "" (>., o· 0"" {f I I .. ~., I> ~ ~ TILITY EASEMENT TO E€ I I ozJ.'~1 ... " 1'>-.'1. 4l '0 CREATED By RECORDING (K .~ ~y.~.el, .. "'-. /~ ,'\. '/ THIS DOCUMENT • }2 I EXISTING R ~ '. &1.A.~< ,-.. -;.,. ~~ /" 1 8m I . ." ", . . .::1.. ... 5.F.58-.. =t _ .. _ _u_. a 83·R~8~RACK .~~.,:, •• , •• Y" ..p~' \'-5'/ -21 , '21 2£ J , . .' .-~ _. _ '!'t; 870 50'47 Ii ~ I ,"-2dRAILROAD ·Es;; .... i"T6'BE ~} .' :6~IOQ25'~7·'~ ... /~-.. --.. T" El-'-r'-'-"~ -€~~:1~':i-~~~ I ~REATED ,BY THIS DOCUMENT. : . R : 605.8": ,.:_-.- I !z: 20 UTILITY ES""T. TO BE I·L • 110.23 -l I ~~ : CREATED BY RECORDING OF : I I f2:::> 0:> THI S DOCUMENT. ! I I ) ~§ o~ . * -;~ 0() I : .1""5 I 1-= VII g ; I. ::E I .~ wI-' .... VI 11. I ~~ g lM~ I l :~ I , ~~ ~ ~~~ ,I m LOT t::>-= I I 50 0:: ~~~ ~ .0 =;!> I IJJ al8 r -0::::> ~:~ 2 ~J: I '. wo::W '" ~?::~ -0 A -w>-I ,-VI ~~~ ~ -.. Q5,173 SQ. FT. .... '0 ,'" Q.>-W I a 10.219 ACRES w..J -VI ;; ~ ~1Il W ~~~ 10': T ~;i u;. -0 0 0 Z ..J~I-' -'k--u> V ID N ZW a -w VI' If> a <t!:t :z: I-'O:iL OW i '~5 ~ ruo S~ I 'W ~ j ''!:!:1 I I~ a LOT ... L I I" 7 ~;~ . ~ I I ~ 358,721 SQ. FT. .' -"-u-505.56-·'·-"~ -o.;..d 16 . '16 . CREATED BY RECORDING I I L.., ~J; ;8 [UTILITY £SM'T, TO BE I ~=m 8.235 ACRES ,'-'-5 88°09'"5;"7':.. -'_u '"I'r I~ _ l:lo OF THIS DOCUMENT I .N " l to ol'o~-I",'..,. . I~ , -, _ , 0 ~, • ~Q . if .. -·-/98.00-...........<1:i.1Il ~ I 8 I 1..: '-s 88°09~51" .. ~'" .-. ..-·-·~71.96!..·-.. -.~ .. _._,._ I VI IJJ 1 .. .. f-·-S88Q09~5I"E-.. -._.-.. -.. ·1 en I. a I: % I I l.!9' I I I I w LOT 3 576,111 SO. FT. 13.226 ACRES o VI I I- (f) <:{ W I I * I I ;.: I a +-__________ SEC. 30 20' RAILROAD RIGHT OF WAY PER PLAT .. 'f~~ I = !\;~ ~~I ~ I ;... 0-0 09" cO :e" := * -If? '1' Ii) O_iD , II tl If • : I~ Q: -J ! ; i\ " .',' I "-_-_. ',:/ iI::o...~'_ -' N 000'1'0'" -,_, . ---, --~" w (R) 0--'-... --~ ___ ..... 1--___ "1 711.31' (PLAT) tI .. NOTE' STREET CENTERLINE CONTROL INFORMATION FOUND-RECORD OF SURVEYS SETBACK PER REe. NO. 8105040070 ACCESS a UTILITY EASEMENT UPON RECORDING OF THIS DOCUMENT-t++---.:...-J---~--~ -8~1 "N LOT 0'0 711.45' (MEASURED) 81-_10 I ol'~ 6 N 6, N 2. 35,OCO so. FT.2 o 0.803 ACRSS , III 16.67J. .--=-166.67~-= ~~~~~-S-OO-037'0~7~E~~~~~~~ ----.1,291.14' _ •• __ ._--- S. W. 41 ST ST. 16=01°19'30" , R: 1958.05' {:L: 45.28' VOL. 80, PG. 156 UNDER K.C.REG. NO. 9105159D05 CONDEMNATION OF ACCESS TO STATE HIGHWAY NO.5 {E. VALLEY HWY.J 8 OF LIGHT, VIEW a AIR To THE STATE OF WASH. PER KING CO. S.C.C. NO. 57090:3 .... ~ -+I....:....--"~!....::~>..LI 45' ~ RELEASE OF ACCESS TO THE STATE OF WASH. PER REC. NO. 8005000581 "----* FO. CASED CONC. MON. WI BRASS PLUG. .... (TYPICAL 7 PLACES) ...... SHEET 4 OF 4 BURLINGTON FILE NO. 8SP -014-92 A BINDING SIGNATURE SECTION SECTION 30 , TWP. 23 31, TW P. 23 DEDICATION: CI TY OF RENTON KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON. BURLINGTON NORTHERN RAILROAD PROPERTIES, IN:. A CELAWARE CORPORATION GLACIER PARK COMPANY By, rl1./J. ~ Its: '10. f J.YffliL...I- :y~EL;~~lJJ:t Its: V (,.,<..f.. STATE OF WASHINGTON) ) 5S COUNTY OF KING ) &¥Iw », IS. IS TO CERTIFY THAT ON THIS -Z.t./ -DAY OF ~~ .. 4_~~~ ____ , 19?~, BEFORE ME PERSONALLY APPEARED TO ME KNOWN TO B HE OF BURLINGTON NORTHERN RAILROAD PROPERTIES INC., THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR T~~USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT .:1I.lI A#'lP rd'./ (Hf:1 SHE WAS) I (CPIIE¥ HERE) AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, SAID CORPORATION HAS CAUSED THIS TlzBE EXECU~ED BY ITS PROPER OFFICER THIS ..-:2¥~ ." ........ 4,,/ , 19~ t7 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. INSTRUMENT DAY OF AFFIXED MY 'TO ME KNOWN TO BE TH F GLACIER PARK COMPA- NY THE CORPORATION THAT XECUTED THE WITHIN AND FOREGOING IN- STRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND . P~RPOSES THEREIN MENTIONED, AND ON OATH STATED THAT ':1!.« I K4Aer .. ./' (HE/ltI1E 10/,,_) I (,*,HFJ~ I'lER£'7 AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, SAID CORPORATION HAS CAUSED THIS INSTRUMENT ~ BE EXECUTED BY ITS PROPER OFFICER THIS -2 ¥~ DAY OF tIt. ,,« ., ,. ./ , 199;:/. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. PARCEL A: THAT PORTION OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON DIVISION I, AS PER PLAT RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: BLOCK 2; LOTS 1, 2, 3, 6, 7 AND 8; AND LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-016-85, RECORDED UNDER KING COUNTY RECORDING NO. 8602139001; ., TOGETHER WITH THOSE PORTIONS OF RAILROAD RIGHT-OF-WAY LYING ADJACENT TO LOTS 1, 2, 3, 4, 7, 8 AND 9 IN BLOCK 2, AS SHOWN ON THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON DIVISION I, AS PER PLAT RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHING- TON. PARCEL [I: PARCEL B OF SHORT PLAT NO. 378-79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7909249001j SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHING- TON. KING 161 NORTHERN SITE PLAN PAGE N., RGE. 5 E, W.M. N., RGE.5 E, W.M. COUNTY WASHINGTON NOTES: DEVELOPMENT OR CONSTRUCTION OF ANY IMPROVEMENTS UPON THE REAL PROPERTY HEREIN DESCRIBED SHALL BE IN ACCORDANCE WITH THE BINDING SITE PLAN APPROVED BY THE CITY OF RENTON ON7n~;Y. 19~, AND THE (FINAL PLAT) (FINAL PLANNED UNIT DEVELOPMENT~APPROVED BY THE CITY OF RENTON ON tt(It . 19_. THIS BINDING SITE PLAN AND ALL OF ITS REQUIREMENTS SHALL BE LEGALLY ENFORCEABLE ON ANY PURCHASER OR OTHER PERSON ACQUIRING AN INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY AND ALL PORTIONS OF THE PROPERTY IN THIS BINDING SITE PLAN ARE SUBJECT TO SETBACK REQUIREMENTS OF CITY OF RENTON SUBDIVISION ORDINANCE. LAND SURVEYOR'S CERTIfICATE: I HEREBY CERTIFY THAT THIS BINDING SITE PLAN IS BASED ON THE PROPERTY SURVEY AS PREPARED BY BUSH, ROED AND HITCHINGS, INC., AND RECORDED UNDER KING COUNTY RECORDING NO. 9105159005, THAT THE BEARINGS AND DISTANCES ARE SHOWN CORRECTLY, AND THAT THE LOT CORNERS SHALL BE SET ON THE GROUND. APPROVALS ,01t:1?1~~' '-<~-~2 ~~J. MCMANUS, P.L.S. 28072 II' : EXAMINED AND APPROVED THIS 2.6 DAY OF JVI,If;, 1992 A.D. ~11~mMe1Ug&L ASSESSOR'S CERTIFICATE: EXAMINED AND APPROVED THIS rJ f2~.(),(2-f) I -3t2-b OES. ASSESSOR ------- FINANCE DIRECTOR'S CERTIFICATE: . i , / I ! , DAY Of jvJ , 1992 A.D. / \ 1\· -1."_ ( A....-J. -w....:.. '.=:-' -'DEPUTY ASSESS'""'O~R---·· --- I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSKENTS CERTIFIED TO THIS OFFICE FOR COLLECTION, AND THAT ALL SPECIAL ASSESSMENTS, CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS, OR FOR OTHER PUBLIC USE, ARE PAID IN FULL THIS .3# DAY OF ;n. IA ~ , 19i..l. OFFICE OF FINANCE DIRECTOR, KING COUNTY OFFICE OF FINANCE ~ DIRECTOR OF FINANCE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS, OR ER PUBLIC USE ARE PJ~ID IN FULL. RECORDING CERTIFICATE: 9J06jO~(P96 FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS SO DAY OF..Tuoe , 19U, AT .32 MINUTES PAST ;;;."00 AND RECORDED IN VOLUME L(.L OF PLATS, PAGES tj'-// ,RE- CORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER CQC a~n Ilile.man SUPERINT ENT 'OF RECORDS 8 SHEET I OF 4 ------------J------------------------ BURLINGTON FILE NO. SSP -014 -92 A BINDING I.&I...J;!: NEW SECTION 30, SECTION 31 J CI TY OF RENTON PARCEL B OF CITY OF RENTON SHORT PLAT NO. 378-79, AS RECORDED UNDER KING COUNTY RECORDING NO. 7909249001 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 1°50'24~ WEST ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 59.11 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 443.37 FEET; THENCE SOUTHERLY AIW SOl.JTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 58e. 60 FEET THROUGH A CENTRAL ANGLE OF 76·03'49" TO A POINT OF COMPOUND CURVE; THENCE SOUTHWESTERLY ALONG A CURVE HAVING A RADIUS OF 605.87 FE<''T AN ARC DISTANCE OF 67.49 FEET THROUGH A CENTRAL ANGLE OF 6"22'57"; THENCE NORTH 2°09'37" EAST 504.25 FEET TO THE SOUTH MARGIN OF SOUTHWEST 34TH STREET; THENCE SOUTH 87"SO'23" EAST 400.05 FEET ALONG SAID SOUTH MARGIN TO THE BEGINNING. LOT CONTAINS 160,042 SQUARE FEET. L2I.J.: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME lOB OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE NORTH 01'50'09" EAST 465.19 FEET ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 465.19 FEET TO A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 86.08 FEET THROUGH A CENTRAL ANGLE OF 89'40'32" TO THE SOUTHERLY MARGIN OF SOUTHWEST 34TH STREET; THENCE NORTH 87'50' 2 J" WEST ALONG SAID MARGIN 251. 59 FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID BLOCK 2; THENCE SOUTH 01'50'24" WEST ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 59.11 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF ~43.37 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 588.60 FEET ~~OUGH A CENTRAL ANGLE OF 76'03'49" TO A POINT OF COMPOUND CURVE SAID CURVE HAVING A RADIUS OF 605.87 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 40.46 FEET THROUGH A CENTRAL ANGLE OF 03'49'33"; THENCE SOUTH 87°50'47" EAST 517.58 FEET; THENCE SOUTH 02°09'13" WEST 20.00 FEET; THENCE SOUTH 87°50'47" EAST TO THE BEGINNING. LOT CONTAINS 195,485 SQUARE FEET. THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHEPlI ORIL- LIA INDUSTRIA .. -'"ARK OF RENTON AS RECORDED IN VOL{)ME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COOHTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1'50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET; THENCE NORTH 88°09'51" WEST 371.96 FEET; THENCE NORTH 1"SO'09" EAST 13.83 FEET; THENCE NORTH 8Bo09'51-WEST 198.00 FEET; THENCE NORTH ~050'09" EAST 43.25 FEET; THENCE NORTH 8S009'SI" WEST 305.S6 FEET TO THE WEST LINE OF THE EAST 875.52; THENCE NORTH 1"50'09" EAST ALONG SAID WEST LINE 472.42 FEET TO THE SOUTH LINE OF LOT 9 OF SAID BLOCK 2; THENCE SOUTH 87°50'47" EAST ALONG SAID SOUTH LINE 83.38 FEET TO A CURVE CONCAVE TO THE NORTH MAVINC A RADIUS OF 605.87 FEET; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE 110.23 FE~r THROUGH A CENTRAL ANGLE OF 10025'27"; THENCE SOUTH 87°50'47" EAST 517.58 FEET; THENCE SOUTH 2·09'13R WEST 20.00 FEET; THENCE SOUTH 87°50'47" EAST 165.00 FEET TO THE BEGINNING. LOT CONTAINS 445,173 SQUARE FEET. Tr~T PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUKE 108 OF PLATS, PAGES 12 AND 13. RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°S0'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DIS'I'AllCE OF 514.64 FEET 1'0 THE TRUE POIlU OF BEGINNING; THENCE CONTINUING SOUTH 01°50'09" WEST 811.84 FEET; THENCE SOUTH 68 0 49'45" WEST 39.11 FEET TO THE NORTH HARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 8B037'07" WEST ALONG SAID MARGIN 105.67 FEET' THENCE NORTH 1"50'12" EAST 210.00 FEET; THENCE NORTH 88°3~'07~ WEST 166.67 FEET; THENCE SOUTH 1"50'12" WEST 210.00 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID MARGIN 16.66 FEET; THENCE NORTH 1"50'12" EAST 210.00 FEET: THENCE NORTH 8B037r07~ WEST 166.67 FEET: THENCE NORTH 1°S0'12" EAST 96.77 FEET; THENCE NORTH 89°05'25" WEST B8.03 fEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE NORTH 01°50'12" EAST LINE 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 6 OF SAID BLOCK 2: THDiCE NORTH B9°05'25" WEST ALONG SAID SOUTH LINE 394.27 FEET; THENCE NORTH 1°50'09" EAST 130.00 FEET; THENCE NOR'l'H 28°33'51" EAST 218.70 FEET TO THE WEST LINE OF THE EAST 875.S2 FEET OF SAID BLOCK 2; THENCE NORTH 1'50'09" EAST ALONG SAID WEST LINE 243.51 FEET; THENCE SOUTH 8s009'51-EAST 305.56 FEET; THENCE SOUTH 1°50'09" WEST 43.25 FEET; THENCE SOUTH B8°09'51" EAST 198.00 fEET; THENCE SOUTH 1·50'09" WEST 13.83 FEET; THENCE SOUTH 88'09'Sl~ EAST 371.96 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 576.111 SQUARE FEET. LEGAL TWP. TWP. KING 161 NORTHERN SITE PLAN DESCR I PTIONS 23 N., RGE. 5 E, W.M. 23 N., RGE. 5 E, W.M. COUNTY WASHINGTON ~: THAT PORTION OF BLOCK 2 OF THE PUT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME lOS OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOwS: COMMENCING AT THE SOUTHEAST CORlIER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH l' 50' 09" WEST ALONG THE EAST LINE OF LOTS 2 AND 3 OF SAID BLOCK 2 A DISTANCE OF 1326.4S FEET; THENCE SOUTH 6S"49'45" WEST 39.11 FEET TO THE NORTH KARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID NORTH MARGIN 105.67 fEET TO THE TRUE POINT OF BEGINNING; THIDICE NORTH 1"50'12-EAST 210.00 FEET; THENCE NORTH 88"37'07" WEST 166.67 FEET; TUENCE SOUTH 1°50'12" WEST 210 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE SOUTH 88"37'07" EAST ALONG SAID MARGIN 166.67 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 35,000 SQUARE FEET. THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RE1ITON AS RECORDED IN VOLUME lOB OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNT~. WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORIlER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOTS 2 AND 3 OF SAID BLOCK 2 A DISTANCE OF 1326.4B FEET; THENCE SOUTH 68°49'45" WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 8s037'07" WEST ALONG SAID NORTH HARGIN 105.67 FEET; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1°50'12-WEST 210.00 FEET TO THE NORTH MARGIN OF SOUTHWEST ollST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID MARGIN 16.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°50'12~ EAST 210.00 FEET; THENCE NORTH S8°37'07" WEST 156.67 FEET; THENCE SOOTH 1°50'12" WEST 210.00 FEET TO SAID NORTH HARGIN; THENCE SOUTH 8S"37'07" EAST 165.67 FEET TO THE TRUE POINT OF BEGINNING. SITE CONTAINS 35,000 SQUARE FEET. l&LI: THAT PORTION OF BLOCK 2 Of THE PLAT OF BURLINGTON NORTHERN ORIL- L1A INDUSTRIAL PARK OF RENTON AS RECORDED III VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORIlER OF LOT 1 OF SAID BLOCK 2; 'l'flENCE SOUTH 1"50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEE'r; THENCE WiHTH 68'09'51" WEST 371.36 fEET; THENCE NORTH 1°50'09" EAST 13.83 FEET; THENCE NORTH S8"09'Sl" WEST 196.00 FEET; THENCE NORTH 1"50'09" EAST 43.25 FEET; THENCE HORTH 8S"09'51" WEST 305.56 FEET TO THE WEST LINE OF THE EAST B75.52 FEET OF SAID BLOCK 2 AND THE TRUE POINT OF BEGIN- NING; THENCE NORTH 1°50'09" EAST 472.42 FEET TO THE SOUTH LINE OF LOT 9 OF SAID BLOCK 2; THENCE NORTH 87"50'47" WEST ALONG SAID SOUTH LINE AND ITS WESTERLY PROLONGATION 359.17 FEET TO THE EAST MARGIN OF LIND AVENUE; THENCE SOUTH 2°09'37" WEST 381.46 FEET; THENCE LEAVING SAID EASTERLY MARGIN SOUTH 0001~'29ft WEST 263.84 FEET TO THE BEG!NNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2052.79 FEET, SAID CURVE LYING CONCENTRIC WITH AND 9.00 FEET EASTERLY OF SAID EASTERLY HARGIN (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 87°06'45" EAST); THENCE SOUTH- ERLY 94.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02"38'3ol M TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 806.74 FEET; THENCE SOUTHERLY 68.80 FEET ALONG SAID CURVE THROOGH A CENTRAL ANGLE OF 06°18'23"; THENCE SOUTH 11'50'11" WEST 178.07 FEET TO SAID EAST HARGIN OF LIND AVENUE AND THE BEGINNING OF A NON-TANGEN'!' CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 195B.05 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 80°31'03" WEST); THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 45.28 fEET TO THE SOUTH LINE OF LOT 6 OF SAID BLOCK 2; THENCE SOUTH 69°05'25" EAST ALONG SAID SOUTH LINE 306.59 FEET; THENCE NORTH 1"50'09" EAST 130.00 FEET; THENCE NORTH 28°33'51" EAST 218.70 fEET; THENCE NOR,!'H 1·50'.09" EAST 243.51 fEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 35B,721 SQUARE FEET. ~: THAT PORTION OF BLOCK 2 OF THE PUT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 10e OF PLATS, PAGES 12 AND 13, RECORDS OF XING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CO~NER OF LOT 9 IN SAID BLOCK 2; THENCE NORTH B7°S0'47R WEST ALONG THE WESTERLY PROLONGATION OF SAID SOUTH LINE 151.61 FEET TO THE EASTERLY RIGHT-Of-WAY MARGIN Of LIND AVENUE; THENCE NORTH 2·09']7" EAST 455.01 FEET TO A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG SAID CURVE AN ARC DISTANCE 86.39 FEET THROUGH A CENTRAL ANGLE OF 90°00'00" TO THE SOUTHERLY MARGIN OF SOUTHWEST 34TH STREET; THENCE SOUTH S7°50'23" EAST ALONG SAID SOUTH HARGIN 350. '" FEET TO THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 1°50'09" WEST ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 14B.50 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OT 380.84 FEET; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE hN ARC DISTANCE OF 471.S1 FEET THROUGH A CENTRAL ANGLE OF 700 S8'56" TO THE BEGIN- NING. LOT CONTAINS 181,753 SQUARE FEET. 9 SHEET 2 OF 4 ,,~ FEB 2 3 ZOOll HECEi\lEO , , .. , . . •• " I I" \ , . " . . ; ! . 00000 ,~ 00000 , .,6 , .:'1-~--'.-- E'II\-sr:SI>.l, ~, .~" , , , i3~ficM'" . , e<lsr: Sft<f.i:i'i L,\II~r P'O~ E s. W. 41sot. , . , ' S'f' '.; , ---------, "--.::.......:....---,;,...,,---...;;...-----....... ., !I.J > ... ,Qt "'~ ; Vf I,J,,~ .. 1.1\ (;! . <" "Ii: <0\.1 ,'~ LANDSC.APE AREA CALCULATIONS CITY C)F RENTON STAI~DARDS THE FOLLOWING EXCLUDE THE 10' SETBACK FROM 41 sT GREEN RIVER VALLEY PLAYING AREA: 2% OF ENTIRE SITE = 2% OF 35,000 SF OR PARKING AREAS: 5% OF PARKING LOTS = 5% OF 16,150 SF OR TOTAL LANDSCAPE REQUIRED TOTAL LANDSCAPE PROVIDED: 7,210 SF= 20.6% OF ENTIRE SITE OR 44.6% OF PARKING LOT Planting Key Code Common Name Scientific Name 700 SF 807 SF 1,507 SF Trees 1. 2. Weeping Nootka Cypress Vine Maple Chjuuaecyparis nootkatensis 'Pendula' Acer circinatym 3. 4. 5. 6. 7. 8. 9. 10. Shrubs I!. 12. 13. 14. IS. 16 . 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Perennials: 37. 38. 39. 40. 41. 42. 50 ""'·.\) .. ,,1 ~"'~-" •. " ••• ",,, .•• Mountain Hemlock Evergreen Magnolia "Little Gem" Magnolia Katsura "Columnar" Norway Maple Japanese Stewartia Tsuga mertensiana Magnolia grandiflora Magnolai grandiflora 'Little Gem' Cercidiphyllum japonicum Slender Hinoki Cypress Weeping Atlas Cedar' " Acer platanoides 'Columnar' Stewartia pseudocamellia Chamaecyparis obtusa 'Gracilis' '", ",. '''" Cedrus atlantica 'Pendula' " ' -" .. ,',,, "Motmtain Fire" Pieris Beauty Berry Ornamental Strawberry Bush Barberry "Rosy Glow" Bronze Flax Burning Bush Camellia Contorted Filbert Deciduous Azalea Escallonnia "Molmtain Blaze" Twig Dogwood Oregon Grape "Moon Bay" Nandina Wheelers Dwarf Red Flowering Currant Rockrose Artie Blue Willow Burkwood Viburnum Doublefile Viburnum Witeh Hazel "Otto Lukyn" Laurel Evergreen Az.alea , ,"Gold Flame" Spire~ Sarcoccocca Skimmia 1,-"!' , Heather' Coral Bells Host. Autumn Joy Sedum "Hideote" Lavender Crocosmh, "Lucifer" Campanula Pieris japonicum 'Mountain Fire' Callicarpa bodinieri giraldii . Arbutus unedo Berberis thunbergii 'Rosy Glow' Phormium tenax 'Rubra' Euonymus alata !;;lHlleliia japonicum Cosvlus avellana 'Contorta' Rhododendron occidentale Escallonia laevis !;;ornus sericeum 'Mountain Blaze' Muhonia aguifolium Nandiua domestica 'Moonllay' Pi\losporum tobira rubes decidua Cis Ius skanbergii Salix pupurea Viburnum burkwoodii Viburnum plicattun tomentosum Hamamelis intermedia . PnmllS laurocerasu§ 'Otto LUkyn' Rhododendron spp. Sgirea bumalda 'Gold Illame: Sarcoccocca humulis Skimmia iaponica Erica calltma Heuchera slmguinea Hosta SPp. Sedum spp. "AutulllIl Joy" Lavendula 'Hidcote' Crocosmia Carnpanula spp. Designer select natives: Mix of wild strawberry, creeping mahonia, salal, tel'll, bleeding heart, columbine, twinflower, vancouveria, lewisia, sedum, kirmickinnik, and/or other native plants as selected. ...,-I .,.... ...,-IV) Q) Q) Co '-o u Project Number: R -1973 Drawing Set Date: 12.03.03 , . ~ ~ I' , DEVELOPMENT PLANNING CITY OF RENTON FEB 232004 RECEIVED ~~\ b . , <, , . s. w. . '. , , .!. " , , , , , 411S-t. Donoo oc) ~~~~ , ST ! ~, . "" > .. ' LANDSCAPE AREA CALCULATIONS CITY ~OF RENTON STANDARDS THE F'OLLOWING EXCLUDE THE 10' SETBACK FROM 41 ST GREEN RIVER VALLEY PLAYING AREA: 2% OF ENTIRE SITE = 2% OF 35,000 SF OR PARKING AREAS: 5% OF PARKING LOTS = 5% OF 16,150 SF OR TOTAL LANDSCAPE REQUIRED TOTAL LANDSCAPE PROVIDED: 7,210 SF= 20.6% OF ENTIRE SITE OR 44.6% OF PARKING LOT Planting Key Code Common Name SCIentific Name 700 SF 807 SF 1,507 SF Trees I. 2. Weeping Nootka Cypress Vine Maple Chmnaecyparis noolkatensis 'Pendula' Acer circinatum 3, 4. 5. 6. 7. 8. 9. 10. Shrubs 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30, 31. 32. 33. 34. 35. 36. Perennials: 37. 38. 39. 40. 41. 42. 50 Mountain Hemlock Evergreen Magnolia "Little Gem" Magnolia Katsuf'd "Columnar" Norway Maple Japanese Stewartia Slender Hinoki Cypress Weeping Atlas Cedar "Mountain Fire'l Pieris Beauty Berry Ornamental Strawberry Bush Barberry "Rosy Glow" Bronze Flux Burning Bush Camellia Contorted Filbert Deciduous Azalea Escallonnia "Mountain Blaze" Twig Dogwood Oregon Grape "Moon Bay" Nandina Wheelers Dwarf Red Flowering Currant Roekrose Artie Blue Willow Burkwood Viburnum Doublefile Viburnum Witch Hazel "Otto Lukyn" Laurel Evergreen Azalea "Gold Flame" Spirea Sarcoccocca Skimmia Heather Coral Bells Hosta Autumn Joy Sedulll "Hidcote" Lavender CrocosmifL "Lucifer" Campanula Tsuga mertensiana Magnolia grandiflora Magnolai grandiflora 'Little Gem' Cercidiphyllwn japonicum Acer platanoides 'Columnar' Stewartia psendocamellia Chamaecvparis obtusa 'Gracilis' \ Cedrus atlantica' Pendula' Pieris japonicum 'Mountain Fire', Callicarpa bodinied giraldii Arbutus unedo Berbeds thunbergii 'Rosy Glow' Phormium tenux 'Rubra' Euonymus alata Omwllia japonicum Carylus avellana 'Contorta' Rhododendron occidentale Escallonia laevis Comus sericeum 'Mountain Blaze' Mahonia aguifolium Nsuldina domestien 'Moon Bay' Pittosporum tobira Ribes decidua Cistus skanbergii Salix pupurea Viburnum burkwoodii Viburnum plicaltun tomentosum Hamamelis intermedia Prunus laurocerasus 'Otto Lukyn' Rhododendron spp. Spirea bumalda 'Gold Flame' Sarcoccocca humulis Skimmia japonica Erica call una Heuchera sanguinea Hosta spp. Sedum spp. "Autumn Joy" Lavendula 'Hideote' Crocosmia Carnpanula spp. Designer select natives: Mix of wild strawberry, creeping mahonia, salal, fern, bleeding heart, columbine, twinfiower, vancouveria, lewisia, sedum, kinnickinnik, and/or other native plants as selected. Project Number: R -1973 Drawing Set Date: 12.03.03 ----,'-- '" ':ll :D "m " _r m M -10 <'"', co '" "0 ... '" O~ rs.1 ~ -r'l\] == t.;,..) :os. < m tT~ ~ ~;:g ~=;': G2 0» ~ __ ZZ ~ 5 ~ z ~ ~ 0 ~ I ;;:0 "--1 I m I m '< • ., ,,» .--1 ll_ !o I Iz ....< ~.< ,,' I .... m 6 ~ en . " h ~--I ~ , ~m II ,m 1< ~b l-- 1--1 , H_ , 10 , ~ iZ I i , ~ I [ ~ i I ~ I --~-r ! i ~ I I I I , BAZE PROFESSIONAL CENTER S.W. 41st St. & East Valley Road Renton, Washington 98005 , ~ !! I f! I" 11" , 'Ii! T~ I 1 r , " , , . ., ' .. . , ~ .! I 11111 <lINIi! ( '·111 i 11'1111':" .'" ,I i "I,: L ,'ii'!III' ;lJ m ~ g ~ ;lJ 1.': ~.j{\. '. . . ,j' ". c · i'. _.- " " . . -;/}- ! II ~ I ! I Ii! i ~ 11 ~ " 'I" i ~!,,1I1 ~ 'tl g :::j ~ ~ ~ ..,T:>H' , 'r"C.J, ..".-.. ,,;;,'/ / ):;; . _M~." ~1 ; ! , "" f!ll~ I\),Z """ inl, g ;lJ , I , I '-'\J.' ~:! 12'-0" . ill ~ o ~ :0: , : ': r,·'·>.:':. \, 'j' ., i i III ~ 1 =pj • /,:/ , . II! .w I • • I, , i · . · ' . ." , ----. r ; . .' J: · ;,·111 ,j/ f.. : •• I , . .. ' '. i< .il;. 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S,s' I 6 5 3 tn « w 45 )1APPGV/~O (P. c· Iq9& '--; __________ ~3~Z~5 ______________ ~1,1_ ________ _1Z~.5~ __________ 1_ __________ 2~r~ __________ ~211°~~~~~!!~~~~ __ ~~·~~ II ~ • N 87· 50· ZZ '" 225.,~ ---------_________________________ r.; ____ :f.:..... ___ .__ S81-51'09E 13\1D.45 ~ : '% ~ ~ -'--I---t-~l----.. ________ --''''~B'C:7·:os::::'·:.<:o~q~t£. ~ i SW 34TH ST SW 34TH ST '" ". '" , ... ". 4ZI.7Z 8 ~ I rr) C\J I l{) C\J 2. ~ ~ O~--_h~+_------------ <: ~ Zo 40 3 DEV~~~'cj~WE~tJlING FEB 2 3 2004 RECEIVED 28.8 AC. 47.10 ~c.' 11,'1\ (31 1~'!:>i"\ 001-0 LOT3 I I I ~ I ~ iii ·10 :!' 11\ " ,t ",' '" I 9 400.05 LOT B " I I / / I / Z5i.5'9 LOT 1 1 I I U') II-w, ~ ________________________ 44 __ ~:~~ lil ~ ~':'l ~ 0"" ~ "'0 q..j , ~ ~" 'F ~ .... / zW , ~ ",Q. en '/-' / ./ /' /' ./ ./ ..5/7 • .513 ~ \<b LOT 2 i{J , LOT 3 I , 4 Q .fo «J "- T1- 1" .~ ~ f EXIST. FENCE .--- GREEN RIVER VALLEY 2% tANOSCAPE AREA (700sF) --EXIST.ASPHALr ~ ...o-:--f--I-6'H X ·IO',s"W.X 14'-O"L ~ ... Ibb'"t CHAlNLiNK REFUSE ENCLOSURE WI SLATS EXIST. CURB _+-_____ -11 i ~ii\,Jt-: ~ LANDSCAPII~G ---+--- FIRE SPRINKLER +---~ VAULT EXIST, SAN ---1-1 SEWERM.H. .8 EXIST. ASPHALT EXIST. PARKING LIGHT POLE 16 CP'''PACTS NEW ASPHALT .. .. ··1"···· ~.:;;:; .o' • If=" . . ' .' G . , . , LANDSCAPING .. ·If---- '. r.JI.·rr. ... BASIN TYP. J 24'-0". (\.8=' ~ NEW ASPHALT 7'-0" -----j--~ If-__ .:.::NEW PARKING ~""'LLJ::J.&!"-'F41.,",. • 1 ~. .... " ' w > a:: Cl EXIST. PARKING LIGHT POLE BURGER KING JsEMENT PER BSP-014-92 I I I I I -.",,-EXIST. POWER TRANSFORMER --- --ttEXIST. Wii,JER M.H. EXIST. SIDEWALK NEW POLE SIGN NEW SIDEWALK EXIST. STRIOET . LIGHT POLE EXIST. CURB--I s. , '---EXIST. CURB , NORTH . . .. ..... ........ .. ... N 81 T E P;...;.2L:;::;.. .. !,,;;;!A.,;;!.; ...... ;!;;;.... -'--_--'-___ ~_'_'__ ___ +-- 1' .. 20'''()" Q . L EXIST. FIRE HYDRANT [ EXIST. FIRE HYDRANT :......:P R...;;..;,O;;:;..;::;J..=E CT I N FORMA T ION SITE AREA : BUILDING FOOTPRINT/ MAIN FLOOR AREA: UPPER FLOOR AREA: TOTAL BUILDING AREA: LOT COVERAGE: PROPOSED IMPERVIOUS SURFACES: PAVING & SIDEWALKS: ROOF: REQUIRED PARKING: 35,000SF 7,083SF 6,633SF 13,705SF 20.23% 18,270SF 8,708SF NET AREA -10,846SF/200SF PER STALL = 54.23 STALLS REQ'D. LANDSCAPED AREA CALCULATIONS CITY OF RENTON STANDARDS THE FOLLOWING EXCLUDE THE 10' SETBACK FROM 41st ST. GREEN RIVER VALLEY PLANNING AREA: 2% OF ENTIRE SITE = 2% OF 35,000SF OR 700SF PARKING AREAS: 5% OF PARKING LOTS = 5% OF 16,150SF OR 807SF TOTAL LANDSCAPING REQUIRED 1,507SF TOTAL LANDSCAPING PROVIDED: 7,210SF = 20.6% OF ENTIRE SITE OR 44.6% OF PARKING LOT ~ W ...... Z W o ,.., ~ '" t'I (II G I-0 0 ., 0 <~ ~ I Z 0> I !1) ...: '" ,.. <I! :::; ON (» a: ..: (OJ w "'" :r: := ,... 0> II) (1) 0 . <) '" . 0 W 10 .." <D Z ..., ... « " .., )I( ., oJ '" -0 '" n. 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