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Home My WebLink AboutLUA99-005 C IT' OF RENTON t City Clerk Jesse Tanner,Mayor Marilyn J. Petersen September 18, 2000 Zelman Develoment Co. Attn: Paul T. Casey 707 Wilshire Blvd., Suite 3036 Los Angeles, CA 90017 Re: Declaration of Covenants, Conditions and Restrictions Dear Mr. Casey: Enclosed please find the original of the above-mentioned document bearing King County's recording No. 20000828001303. Also enclosed 'are copies of the Utilities Easement — Waterline, Recording No.: 20000828001302 and the Utilities Easement — Sanitary Sewer, Recording No.: 20000828001301. If you have any questions, please contact Lesley Nishimira in the Development Services Division at (425) 430-7270. Sincerely, 7-0())r-a^ze Suzann D. Lombard Records Coordinator Enclosure cc: Leslie Nishimira (w/encl.) 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 / FAX(425)430-6516 OR7 Thic nanar rnntainc SO%rnrvrind material.20%nnst rnnsumAr Return Address: 20000828001302 CITY OF RENTON EAS 14.00 City Clerk's Office PAGE 001 OF 007 08/28/2000 14:57 City of Renton KING COUNTY, WA 1055 South Grady Way Renton, WA Title: UTILITIES EASEMENT-Waterline Property Tax Parcel Numbers: 362304-9071,9032& 9111 Project Filer#: LUA-99-005-LLA Street Intersection or Project Name: Oakesdale Business Campus Phase II&III Reference Number(s)of Documents assigned or released:Additional reference numbers are on pages 4,5 and 6. Grantor(s): Grantee(s): 1. Zelman Renton,LLC 1. City of Renton, a Municipal Corporation c The Grant4r,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to c= the above named Grantee, the following described property: Additional legal is on pages 4 and 5 of document. cn (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: clp Lc, A portion of the Southwest Quarter and the Southeast Quarter of Section 25 and of the Northwest Quarter and the c� Northeast Quarter of Section 36,Townehip 23 North,Range 4 F.aast,W.M.,City of Renton,King County,Washington, more specifically described in attached exhibit: CD cJ cv • That said Grantor(s), for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee, its successors and assigns,an easement for public utilities (including water,wastewater,and surface water)with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way) in King County, Washington,more particularly described on page 1. (or if full legal is not on page 1--Exhibit A.) For the purpose of constructing,reconstructing, installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines, including,but not limited to,water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: cv 1. The Grantee shall, upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. cD 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with cam, the easement rights granted to the Grantee. Grantor shall not,however,have the right to: CD a. Erect or maintain any buildings or structures within the easement;or o .. b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere c with the utilities to be placed within the easement by the Grantee;or `" c. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. H\WW6ODO'l\FORMS\PROPSVS\03easemn\00I3.DOC\ Page 2 FORM 03 0013/bh/CA2-2 1-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. z�/./� � Li INDIVIDUAL FORM OFACKNOWLEDGM T Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington m Notary (Print) My appointment expires: CD Dated: �.3 REPRESENTATIVE FORM OF ACKNOWLEDGMENT r'1 Notary Seal must be within box STATE OF WASHINGTON )SS co COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of . 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: H:\WW6ODO'I\FORMS\PROPSVS\03easemn\0013.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 OALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ii ) . . ..c�.crc�,�r�,�.er,�ceres-,Gr,�.�.cr,�.e�.e�cr��,�cc�.��er.��.�.�� ,�r.�o.. State of California y (4 1 ss. il li County of �'� ?. Ii 9 pi t. � /G� * On 7000, before me, ��t� / '/�]��`jJ��%� 5 71 Date Name and Title o O icer(e.g.,"Jane e,Notary Public") / I% dair_ed70/ ,J — L2� 9 l� Ae /r 9 personally appeared ,i Name(s)of er(s) '7I $1 gpersonal y known to me s Im ❑ proved to me on the basis of satisfactory y y evidence 9 t w p SANDRA L GARAY a 1 ,- ;!_ CommtWon#1269428 to be the person whose name`s) isfere V ,:;, NotaryPubilc-Collfario f subscribed to the within instrument and o y � .�� Los Angeles County_ acknowledged to me that he/streittriw executed 91 c.n — — MyComm•E Ju11'4 the same in histherltheir '9 authorized 4' act — — ' — — es capacity(tes), and that by his/he.rtthe4r- 9 e signature(`s) on the instrument the persons);, or c the entity upon behalf of which the persons 5 C' � acted, executed the instrument. 5 c iii c ci .?, WITNE my hand and official se I. cv p 9 �' S " Place Notary Seal Above Signature Nota Public 9 A OPTIONAL A' Though the information below is not required by law, it may prove valuable to persons relying on the document h A and could prevent fraudulent removal and reattachment of this form to another document. 9 ii 91 i Description of Attached Document 1 1 Title or Type of Document: /-/ ��2-elyG �`'"' �"�'e, 91 I¢ Document Date: Number of Pages: ^I ; Ir ( A pi Signer(s) Other Than Named Above: !�'lJ�-e_ '9 pi Tti Capacity(ies) Claimed by Signer �' A Signer's Name: �- / . �L%2:r / RIGHT THUMBPRINT 91 Individual OF SIGNER 91 �� /` Top of thumb here 91 A ❑ Corporate Officer—Title(s): y1 ❑ Partner—❑ Limited ❑ General ;' (i ❑ Attorney in Fact 9' (' ❑ Trustee 's1 I I¢ CI Guardian or Conservator �1 : ❑ Other: yl : 9 ti Signer Is Representing: 9 9 g..— e><`et, z� t=+›`F=f:`<_<> . `ec o ,v.�'cye �� C 6�,..r .,go .. �a^ o`�t. t;.-. .m-.— ._. �.. 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • LEGAL DESCRIPTION OAKESDALE BUSINESS PARK PHASE 3 WATERLINE EASEMENT All those portions of the Northeast quarter of Section 36 and of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington, more particularly described as follows: A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement c 4 centerline: 0 r'' COMMENCING at a point which is 114 feet East and 50 feet North from the Northeast corner of Henry Adams Donation Land Claim No.43; cD THENCE North 89° 15'40" East along the Northerly margin of S.W.43rd Street, a distance of 81.05 cc' feet to the POINT OF BEGINNING; THENCE North 01° 11' 17" East, 46.78 feet; THENCE North 23°24'42"West, 98.11 feet; THENCE North 01° 15'27" East, 53.85 feet; THENCE South 88°44' 33"East, 162.44 feet to a point hereinafter referred to as Point"A"; THENCE South 01° 15'27"West, 20.00 feet; THENCE North 01° 15'27" East, 20.00 feet; THENCE North 88°44' 33"West, 162.44 feet; THENCE North 01° 15'27" East, 225.00 feet; THENCE North 88°44'33"West,40.50 feet; THENCE South 88°44'33" East, 40.50 teet; THENCE North 01° 15'27" East, 190.23 feet; THENCE North 87°40'55"West,40.74 feet; THENCE South 87°40' 55" East, 95.20 feet to a point hereinafter referred to as Point"B"; THENCE North 02° 05'45" East, 100.18 feet; THENCE North 87° 54' 15"West, 19.50 feet; THENCE South 87° 54' 15" East, 19.50 feet; THENCE North 02° 05'45" East, 270.00 feet; THENCE North 87° 54' 15"West, 18.50 feet; THENCE South 87° 54' 15" East, 18.50 feet; THENCE North 02° 05'45"East, 304.86 feet; THENCE North 87° 35'02"West, 95.34 feet; THENCE South 87° 35'02" East, 194.08 feet; THENCE North 02°24' 58" East, 21.50 feet; THENCE South 02° 24'58"West, 21.50 feet; THENCE South 87° 35' 02" East, 299.71 feet; THENCE North 02°24'26"East, 22.00 feet; THENCE South 02° 24'26"West, 22.00 feet; THENCE South 87° 35' 34" East, 32.40 feet to the beginning of a 300.00 foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 05° 21' 53", an arc distance of 28.09 feet; THENCE North 87° 02' 32" East, 25.53 feet; THENCE South 02° 24' 58"West, 39.00 feet; THENCE North 02° 24' 58" East, 39.00 feet; Project Name: Oakesdale Business Park March 27,2000 Page 4 RWG/sm 5911L.021 • • HENCE North 87° 02'32"East, 11.65 feet to the beginning of a 300.00 foot radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 05° 22' 25", an arc distance of 28.14 feet; THENCE South 87°36'29"East,21.67 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement line: • BEGINNING at the aforementioned Point"A"; m THENCE South 88° 44' 33" East, 7.04 feet; THENCE North 44° 58' 35' East, 204.47 feet; o THENCE North 01° 04' 06" East, 5.00 feet; THENCE South 88° 55' 54" East,45.00 feet; THENCE North 88° 55' 54"West,45.00 feet; r" THENCE North 01° 04' 06" East, 256.71 feet to a point hereinafter referred to as Point "C" and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement centerline: BEGINNING at the aforementioned Point"B"; THENCE South 87°40' 55" East, 89.99 feet; THENCE South 02° 19' 05"West, 33.00 feet; THENCE North 02° 19' 05" East, 33.00 feet; THENCE South 87°40' 55" East, 20.85 feet; THENCE North 02° 19' 05" East, 35.00 feet; THENCE South 02° 19' 05"West, 35.00 feet; THENCE South 87°40' 55" East, 144.69 feet to the aforementioned Point"C"; THENCE South 87°40' 55" East,43.36 feet; THENCE South 02° 19' 05"West, 30.50 feet; THENCE North 02° 19' 05" East, 30.50 feet; THENCE South 87°40'55"East,226.24 feet to the centerline terminus of a 15 foot waterline easement s recorded under Recording No. 20000204001371, Records of King County, Washington, and the erminus of the herein-described easement centerline. Ob A •0 AM wask `.1.�c. o•rt? ., z •. TAN . .. TE •. �4 ON.l L LAtiv AEXPIRES 5/18/0) ip roject Name: Oakesdale Business Park `�i` arch 27,2000 Page 5 fRWG/sm •911L.021 25 I I I I I I I I l I cp I l U-;--T (...X.) - II DRAT13I I POINT 'C' II I II K_CREEK CO I I II aoo I I I I L Pa1N I I /7-- ; I I , // I L____._. __, kINT 'AJ I r— — - _ _ SW 43RD STREET :r\\\,\-0M 7‘14 l,�Sy��ss do �� \. Z -41 flirill .. .4 \AK ...: 1'■250' ' . 1 ER c, k L ANC • • Page 6 7 EXPIRES 05 18/01 • File: P:\SC SKPROJ\5911\SURVEY\5911EX10.DWG Date/Time: 06/13/2000 16:01 Scale: 1-100 Stephen Xrets:I-\\I\\\\\\\\\\\\\`i/////////////I///�1 Job t umber Dm, POW I. 0 18215 72ND AVENUE SOUTH Title: 1 �' 4T ,= t KENT, WA 98032 PHASE 3 She t eked RWG y` „ (425)251-8782 WATERLINE o ,TX"" 0 (425 251-8782 FAX 1 e3/27/00 °</..,., CIVIL 1 LAND 'EASEMENT EXHIBIT —0 ENG1H WHEN RECORDED RETURN TO: 001303 Office of the City Clerk 20000828 Renton City Han 33.00 1055 South GradyWayCITY OF RENTON EAS PAGE 001 OF 026 Renton, WA 98055 08/28/2000 14:57 KING COUNTY, UA (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND o RESTRICTIONS (this "Declaration") is made as of the/'day of 9a)/ 2000, by ZELMAN RENTON, LLC, a Delaware limited liability company ("Zelman"). ARTICLE 1 RECITALS 1.1 Zelman is the owner of four (4) parcels of land (sometimes herein co individually referred to as a "Parcel" and collectively as the "Parcels"), located in the City of CD Renton, County of King, State of Washington, more particularly described on Exhibits "A-1" through "A-4" respectively attached hereto and incorporated herein. The Parcel described on Exhibit "A-4" [Adjusted Parcel D] is sometimes referred to herein as the "Major Parcel." The Parcels are sometimes collectively referred to herein as the "Project." 1.2 Zelman desires to provide for (i) the reservation of certain easements across the Parcels and (ii) the construction, development, operation and maintenance of the Detention Pond Area and Wetlands Mitigation Area as hereinafter provided. The owner of an individual Parcel is hereinafter referred to as a "Parcel Owner" and the owners of all of the Parcels are collectively referred to as the "Parcel Owners;" Zelman is the owner of the Major Parcel (sometimes referred to herein as the "Major Parcel Owner") and all of the other Parcels as of the date hereof, but upon conveyance of fee title of a Parcel to an entity other than Zelman, said entity shall become the Parcel Owner with respect to such Parcel. Notwithstanding Zelman's common ownership of the Parcels, such common ownership shall not cause a merger of any of the easements, rights and benefits granted hereunder for the benefit of any Parcel over another Parcel, nor cause a merger of any of the obligations or burdens placed hereunder upon a Parcel for the benefit of another Parcel. 1.3 Definitions. For the purposes of this Declaration, the following terms shall be defined as follows: 150229.01/0C 88888-250/7-12-00/bns/gtb A. Default Rate: The greater of(i) ten percent (10%) per annum or (ii)1 five percent (5%) per annum plus the discount rate prevailing on the twenty-fifth (25th) day of the month preceding the date such payment was due, as established by the Federal Reserve Bank of San Francisco on advances to member banks under Sections 13 and 13a of the Federal Reserve Act as is now or hereafter in effect from time to time. B. Detention Pond Area: The area designated as such and cross- hatched on the Overall Utility Plan attached hereto as Exhibit "B-1" (the "Overall Utility Plan") mil situated within the area depicted as the "New Private Storm Drainage Easement" located on the Major Parcel as shown on the proposed Lot Line Adjustment # LUA-99-005-LLA prepared by Barghausen Consulting Engineers, Inc. attached hereto as Exhibit "B-2" (the "Lot Line Adjustment"). C. Governmental Regulations: Any or all laws, statutes, ordinances, c., codes, decrees, rulings, regulations, writs, injunctions, orders, rules, conditions of approval or m authorization of any governmental entity, agency or political subdivision whether now in force or which may hereafter be in force. c=, D. Occupant: Any Person or Prime Lessee (as defined in Section 6.8 -- hereof) from time to time entitled to the use and occupancy of any portion of a building in the `'' Project under an ownership right or any lease, sublease, assignment, license, concession, or other similar agreement. E. Owner: The record holder of fee title to a Parcel, its heirs, personal representatives, successors and assigns. F. Permittee: All Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and cdncessionaires of Occupants insofar as their activities relate to the intended use of the Project. G. Person: Individuals, partnerships, firms, associations, corporations, limited liability companies, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. H. Utility Lines: Those facilities and systems for (i) the existing water drainage, storm lines, storm drainage and sanitary sewers in the locations shown on the Overall Utility Plan and the Lot Line Adjustment and more particularly described on Exhibit "B-3"& "B- 4h attached hereto, and (ii) additional water, sewer, drainage, electricity, gas, telephone and any other public utilities as may be deemed necessary by the Parcel Owners, the location of which shall be determined in accordance with Article 2. ARTICLE 2 EASEMENTS 2.1 Utility Easements. 15229.01/OC 88 88-250/7-11-00/bns/gtb -2- A. Grant of Easements. Zelman hereby reserves across each Parcel, for the benefit of each of the other Parcels, as applicable, a non-exclusive and perpetual easement under, through and across the Parcels, for the installation, operation, maintenance, repair and replacement of Utility Lines as shown on Exhibit "B-1" and Exhibit "B-2", and in such other areas as may be reasonably determined by any Parcel Owner over and across each of the other Parcels; provided, however, in no event shall any easement reserved pursuant to this Declaration interfere with or otherwise adversely affect the construction, development, maintenance and operation of or encroach upon those proposed improvements depicted on the Overall Utility Plan as Buildings A and B and Future Buildings C, D and E. B. Private Storm Drainage Easement. Zelman hereby reserves across the Major Parcel for the benefit of each of the Parcels a non-exclusive and perpetual easement for the installation, operation, maintenance, repair and replacement of facilities related to storm drainage over, under and across the Detention Pond Area. C. Easement Area and Facilities. All Utility Lines shall be installed and maintained below ground level, except for temporary utility service required during construction, ,paintenance and repair of any buildings or improvements located on a Parcel. D. Installation and Maintenance. The installation, operation, (9naintenance, repair and replacement of the Utility Lines shall not unreasonably interfere with the -use of any other Parcel or with the normal operation of any business in the Project. Any party .,,installing Utility Lines pursuant to the provisions of this Section 2.1 shall pay all costs and expenses with respect thereto, shall cause all work in connection therewith (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible ,and in a manner so as to minimize interference with the use of the affected Parcel, and shall provide Zelman and/or the owner of the other Parcel(s), as applicable, with as-built plans for all such facilities, including the location of the easement (as determined by a licensed surveyor), within thirty (30) days after the date of completion of construction. Except for any Utility Lines installed by Zelman for the exclusive use of a Parcel, the party installing Utility Lines shall maintain, repair and replace them at its sole cost and expense. If Zelman installs a Utility Line for the exclusive use by a Parcel, then such Parcel Owner shall maintain, repair and replace the Utility Lines which are so installed by Zelman. E. Term. The terms and provisions of this Section 2.1 shall survive the expiration or earlier termination of this Declaration. 2.2 Wetlands Mitigation Area. A. Zelman hereby reserves across the Major Parcel, Adjusted Parcel C and Adjusted Parcel B (as described on Exhibit "A-2") a perpetual non-exclusive easement for the preservation, maintenance and repair of that portion of the Major Parcel, Adjusted Parcel C and Adjusted Parcel B shown and cross-hatched on Exhibit "B-1" and labeled thereon as the Wetlands Mitigation Area. 150229.01/OC 8 8 8 8 8-250/7-1 1-00/bns/gtb -3- B. Each Parcel Owner shall pay its pro rata share of all reasonable cots and expenses incurred by the Major Parcel Owner for the replacement, repair and maintenance of the Wetlands Mitigation Area. Said pro rata share shall be paid in accordance with the terms of Article 4 below and the shares shall be determined in accordance with Exhibit "C" attached hereto. 2.3 No Merger. Notwithstanding Zelman's or a ParcelOwner's ownership of mdre than one Parcel, the easements granted hereunder shall burden and benefit each Parcel individually, without merger as a result of such common ownership, and upon conveyance of a Parcel so that such Parcel ceases to be under common ownership, neither the owner conveying said Parcel nor the owner acquiring said Parcel shall need to execute additional documentation to evidence the existence of said easements, and said easements shall relate back to and shall be deemed to have been created as of the date hereof. �., ARTICLE 3 `z) MAINTENANCE; TAXES; INSURANCE 3.1 Maintenance. The Major Parcel Owner shall maintain the Wetlands Mitigation Area and Detention Pond Area at all times in compliance with Governmental Regulations, said maintenance to include, without limitation, the following: A. Removing all snow, paper, debris and refuse to the extent reasonably necessary to keep the area in a clean and orderly condition; B. Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; C. Maintaining, repairing and replacing, when necessary, all storm drains, sewers and other facilities, not dedicated to the public or conveyed to any public or private utility, which are necessary for the operation of the Wetlands Mitigation Area and Detention Pond Area; D. Performing itself or contracting with a third party or parties to perform any of the services described herein; provided, however, that the Major Parcel Owner shall remain responsible and liable for the performance of all said services in accordance with the terms of this Declaration and for the performance of any such third party or parties under any sipch contract or contracts with the cost of such items being allocated among all of the Parcel Owners in accordance with Article 4 below and Exhibit "C" attached hereto; E. Paying all real property taxes and assessments on the Detention Pond Area, if any; and F. Maintaining liability insurance on the Detention Pond Area and the Wetlands Mitigation Area, in compliance with Section 3.3 below. 15p229.01/OC 88�88-250/7-11-00/bns'gtb -4- The foregoing obligations shall include any repairs or replacements which may become necessary due to damage or destruction of the Wetlands Mitigation Area and Detention Pond Area. 3.2 Obligation to Keep Parcels Lien Free. The Major Parcel Owner shall keep the Parcels free from any and all liens arising out of any work performed, materials furnished to or obligations incurred by the Major Parcel Owner in connection with the operation and maintenance of the Project hereunder. The Major Parcel Owner shall, within thirty (30) days after the date of imposition of any such lien, pay the lien claim in full, unless the Major Parcel Owner contests such lien claim in good faith, in which case the Major Parcel Owner shall, within such thirty (30) day period and as a condition precedent to the Major Parcel Owner's right to so contest, record a bond of a responsible corporate surety in such amount and in such manner as may be required by applicable law to release the lien from the affected Parcel or Parcels. The Major Parcel Owner shall indemnify, defend, protect and hold all Parcel Owners harmless from any and all claims, liability, losses, damages, injuries, costs or expenses (including reasonable attorneys' fees) in �., connection with any such lien claim or in connection with the injury or death of any Person or o damage to property caused by the negligent or willful misconduct of the Major Parcel Owner and its employees, agents and contractors. 3.3 Insurance. The Major Parcel Owner shall maintain commercial general liability insurance (commercially reasonable in amount) with broad form coverage endorsement c (including broad form property damage endorsement) insuring against claims on account of loss of life, personal injury or property damage that may arise from or be caused by the Detention Pond Area and/or the Wetlands Mitigation Area ("Liability Insurance"). The insurance required C`..) pursuant to this Section 3.3 shall include the following provisions: (i) shall provide that the policy may not be canceled or reduced in amount or coverage below the requirements of this Declaration, without at least thirty (30) days prior written notice by the insurer to the other Parcel Owners; (ii) shall provide for severability of interests; and (iii) shall be primary and non- contributory. Each Parcel Owner agrees to pay in full on an annual basis, its pro rata share of the Liability Insurance premiums in accordance with Article 4 below and Exhibit "C" attached hereto. ARTICLE 4 REIMBURSEMENT OF MAJOR PARCEL OWNER; DEFAULT; SELF-HELP 4.1 Reimbursement. The Major Parcel Owner shall contract for and pay for the services described in Section 3.1 above in connection with the Wetlands Mitigation Area and the Detention Pond Area, and shall pay all Liability Insurance premiums and real property taxes and assessments on the Detention Pond Area(collectively, the "Maintenance Costs"); provided, however, that the Major Parcel Owner shall not be entitled to reimbursement for all or any portion of its pro rata share of the Maintenance Costs. 4.2 Nonprofit. The Major Parcel Owner agrees to perform its duties under this Declaration (collectively, the "Maintenance Obligations") on a nonprofit basis (except for the Administrative Fee described below) with an end to keeping such expenses at a reasonable minimum. 150229.01/OC 88888-250/7-11-00/bns/gtb -5- 4.3 Service Charge. Each Parcel Owner shall reimburse the Major Parcel Owner for its pro rata share of all of the Maintenance Costs plus a service charge of fifteen percent (15%) of said expenses (including real estate taxes, insurance premiums and utilities) to coi✓er management and administration costs ("Administrative Fee"). The Administrative Fee shall be a maximum, cumulative fee, so that if a third party is hired by the Major Parcel Owner to perform any of the Maintenance Obligations, the other Parcel Owners will never have to pay more than a fifteen percent (15%) Administrative Fee. For example, if a third party charges a ten percent (10%) fee to maintain the Detention Pond Area, the Major Parcel Owner may also charge a five percent (5%) fee, but not more in such example. 4.4 Pro Rata Share. Each Parcel Owner (or its respective Occupants, as it may direct) shall be billed annually in arrears for its pro rata share of the Maintenance Costs incurred by the Major Parcel Owner, with the first billing date occurring after the end of the calendar year in Which said expense is incurred by the Major Parcel Owner. Each bill shall be due and payable �•; within thirty (30) days after receipt. If requested in writing, Major Parcel Owner shall furnish cm, conies of all invoices, statements or other documents supporting same. A Parcel Owner's pro rata share shall be determined in accordance with Exhibit "C" attached hereto. 4.5 Audit Rights. A Parcel Owner may, at its own expense and upon not less than ten (10) days prior written notice to the Major Parcel Owner, inspect the Major Parcel Owner's records for the Maintenance Costs incurred during the preceding calendar year at the Major Parcel Owner's general offices or at such other location reasonably designated by the Major Parcel Owner at any time during reasonable business hours within one (1) year after the end of the applicable calendar year. If said inspection correctly reveals an overpayment of the Maintenance Costs, the Major Parcel Owner shall reimburse each Parcel Owner (or its respective Occupants, as it may direct) its proportionate share of any such overpayment. If the inspection reveals an underpayment of the Maintenance Costs, the Owner of each Parcel shall reimburse the Major Parcel Owner its proportionate share of any such underpayment within thirty (30) days after receipt of proper billing. 4.6 Failure to Reimburse Maintenance Costs. In the event any Parcel Owner fails or refuses to pay when due its share of any bill for the Maintenance Costs described above, which failure continues for a period of ten (10) days after receipt of written notice thereof from the Major Parcel Owner, such failure shall constitute a default and legal action may thereafter be instituted against the defaulting Parcel Owner by the Major Parcel Owner for reimbursement plus interest from and after the date the bill was due and payable to and including the date the bill is paid at the Default Rate. Furthermore, the Major Parcel Owner shall have a lien on the Parcel of the defaulting Parcel Owner for the amount of the unpaid Maintenance Costs plus accrued interest at the Default Rate. Notwithstanding the foregoing, if there is a bona fide dispute as to the ekistence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel until such dispute is settled by final court decree or Mutual agreement. 4.7 Non-Monetary Default. In the event any Parcel Owner fails to perform any other provision of this Declaration, which failure continues for a period of thirty (30) days after receipt of written notice specifying the particulars of such failure, such failure shall constitute a 150229.01/OC 88 388-250/7-11-00/bns/gtb -6- default and any other Parcel Owner may thereafter institute legal action against the defaulting Parcel Owner for specific performance, declaratory or injunctive relief, monetary damages or any other remedy provided by law; provided, however, that the defaulting Parcel Owner shall not be deemed to be in default if such failure to perform cannot be rectified within said thirty (30) day period and such Parcel Owner is diligently proceeding to rectify the particulars of such failure, not to exceed sixty (60) days; provided further, however, that in the event of an emergency, such failure shall be deemed a default if such failure is not rectified in a period reasonable for the nature and circumstances of such emergency. The Major Parcel Owner shall not be deemed to be in default under this Declaration if its failure to perform cannot be rectified within the thirty (30) day period and the Major Parcel Owner is diligently proceeding to rectify the particulars of such failure. 4.8 Self-Help. If the Major Parcel Owner fails to perform any provision of this Declaration, then, upon the expiration of the cure period provided in Section 4.7, and upon an additional ten (10) days prior written notice (except that no additional notice shall be required in an emergency), any Parcel Owner shall have the right, but not the obligation, to enter upon the Major Parcel and any of the other Parcels to cure such default, unless in a non-emergency r situation, the Major Parcel Owner commences to cure such default within such ten (10) day period and thereafter diligently pursues such cure to completion. If a Parcel Owner exercises its self-help right, then, within ten (10) days after receipt of an invoice from such Parcel Owner, the r`s other Parcel Owners (including the Major Parcel Owner) shall reimburse to such Parcel Owner all -f costs reasonably incurred by the Parcel Owner in curing such default, plus an administrative fee equal to fifteen percent (15%) of such costs. Furthermore, if the Parcel Owner curing the default `.._ is not repaid by the other Parcel Owners their respective shares of the costs incurred by the Parcel Owner curing the default, then the Parcel Owner curing the default shall have a lien on the other Parcels for the amount of the unpaid costs attributable to each such Parcel, together with accrued interest at the Default Rate. ARTICLE 5 LIEN FOR EXPENSES OR TAXES 5.1 Effectiveness of Lien. The liens provided for in Sections 4.6 and 4.8 above shall only be effective when filed for record as a claim of lien against the defaulting Parcel Owner in the office of the recorder of the county in which the Project is located, signed and acknowledged, which shall contain at least: A. An itemized statement of all amounts due and payable pursuant hereto; B. A description sufficient for identification of that portion of the real property of the defaulting Parcel Owner which is the subject of the lien; C. The name of the Parcel Owner or reputed Parcel Owner of the property which is the subject of the lien; and 150229.01/OC 88888-250/7-11-00/bns/gtb -7- D. The name and address of the Parcel Owner to whom payment is owed. The lien shall attach from the date a claim of lien is recorded and may be enforced in kny manner allowed by law, including, but not limited to, by suit in the nature of an action to foreclose a mortgage or mechanic's lien under the applicable provisions of the laws of Washington. The Parcel Owner filing the lien shall release the claim of lien once the costs and expenses secured by the lien have been paid in full. 5.2 Priority of Lien. The claim of lien, when so established against the real pr perty described in the claim of lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of fil ng the claim of lien. The claim of lien shall be for the use and benefit of the Parcel Owner to w om payment is owed under the terms of this Declaration. ARTICLE 6 c,, ! GENERAL PROVISIONS 0 r' 6.1 Successors and Assigns; Covenants Running with the Land. This Declaration shall inure to the benefit of and be binding upon the Parcel Owners during their �-p ownership of a Parcel, and their heirs, personal representatives, successors and assigns, and each Parcel Owner shall be liable for the performance of all covenants, obligations and undertakings herein set forth during their ownership of a Parcel. Each term, covenant, condition and agreement contained herein respecting a Parcel shall be a burden on that Parcel, shall be appurtenant to and t� for the benefit of the other Parcels and each part thereof and shall run with the land. N 6.2 Term. Except as otherwise provided in this Declaration with respect to certain easements and other obligations which are to survive the expiration of this Declaration, this Declaration shall expire on that date which is sixty-five (65) years from the date set forth in the initial paragraph of this Declaration, subject to renewal by successive ten (10) periods unless at least one (1) year prior to any such expiration date, all of the Parcel Owners and their Institutional Lienholders agree by a writing recorded in the Records of King County, Washington td earlier terminate this Declaration. I 6.3 Amendment; Termination. Zelman (or any successor Owner of the Major Parcel) may modify or terminate this Declaration only with the consent of the Owners of two (2) of the other four (4) Parcels, and then only by written instrument duly executed and acknowledged by all such Parcel Owners, duly recorded in the office of the recorder of the county in which the Parcels are located. Notwithstanding the foregoing, (a) Zelman shall have the right td modify the covenants, conditions and restrictions of this Declaration with respect to any Parcel by executing and recording a written amendment signed by Zelman and the Owner of such Parcel, without obtaining the consent of any other Parcel Owner, and (b) no modification may disproportionately affect a Parcel unless signed by the affected Parcel Owner. 6.4 Multiple Owners. If a Parcel is owned by more than one Person, then all of stich Persons shall agree among themselves by a 51% majority of ownership interests and 150229.01/OC 88888-250/7-11-00/bns/gtb -8- designate in writing to the other parties a single person or entity who is entitled to act as the Parcel Owner for that Parcel. If the owners of such Parcel cannot agree who shall be entitled to act as the Parcel Owner for that Parcel, or if the owners fail to designate the single person or entity who is entitled to act as the "party" for that Parcel within thirty (30) days after receipt of a request to do so from any other party, then such other parties shall designate one of the owners to act as the "party" for that Parcel. 6.5 Notices. All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, or by United States mail (certified, return receipt requested), or by United States express mail or other established express delivery service (such as Federal Express, DHL and United Parcel Service), postage or delivery charges prepaid, addressed to the person and address specified below or, in the absence of such designation, to the person CD and address shown on the then current real property tax rolls in the county in which the Parcels cn are located. All notices to Zelman, either in its capacity as owner of the Major Parcel or any other Parcel, shall be addressed as follows: Zelman Renton, LLC CD c/o Zelman Development Co. 707 Wilshire Blvd., Suite 3036 Los Angeles, California 90017 Attn: Mr. Paul T. Casey Each party may change the person and address to which notices are to be given, upon written notice to the other parties. All notices given pursuant to this Declaration shall be deemed given upon receipt. For the purpose of this Declaration, the term "receipt" shall mean the earliest of any of the following: (i) the date of delivery to the address specified pursuant to this section as shown on the return receipt; (ii) the date of actual receipt by the person or entity specified pursuant to this section; or (iii) in the case of refusal to accept delivery or inability to deliver, the earlier of (a) the date of the attempted delivery or refusal to accept delivery, (b) the date of the postmark on the return receipt, or (c) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 6.6 Waiver. The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the covenants, conditions and restrictions contained herein by the same or any other person or entity. 6.7 Attorneys' Fees. If any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party its reasonable costs and attorneys' fees (including costs and attorneys' fees on any appeal). 6.8 Sale/Lease-Back. Notwithstanding anything to the contrary contained in this Declaration, it is expressly agreed that in the event an Owner sells its Parcel to an unaffiliated third party (for purposes of this Section, referred to as "Prime Lessor") and such Owner thereafter 150229.01/OC 88888-250/7-11-00/bns/gtb -9- enters into a lease as lessee (for purposes of this Section, referred to as "Prime Lessee") for all of such Parcel with such Prime Lessor, then for so long as Prime Lessee is in possession of the property as lessee, Prime Lessee shall have all of the rights and obligations of the Parcel Owner, anF l the other Parcel Owners shall look solely to said Prime Lessee for the performance of any obligations said Parcel Owner shall have under this Declaration and the Prime Lessor shall be relieved, while said lease is in effect, of any obligation for the performance of or liability under this Declaration set forth herein relating to either the Parcel Owner or its Parcel. 6.9 Partial Invalidity. If any term or provision of this Declaration or the application hereof to any person or circumstance shall to any extent be invalid or unenforceable, then the remainder of this Declaration and the application of such term or provision to other persons or circumstances shall be unaffected thereby, and each term and provision of this D claration shall be valid and enforceable to the fullest extent permitted by law. co 6.10 No Partnership. The provisions of this Declaration are not intended to o cr afe, nor shall they in any way be interpreted or construed to create, a joint venture, partnership co • or any other similar relationship between the parties. Each party shall be considered a separate p rty and no party shall have the right to act as agent for another, unless expressly authorized to co d so herein or by separate written instrument signed by the party to be charged. 6.11 Captions. The captions and headings in this Declaration are for reference o ly and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, cc}nditions or agreements contained herein. 6.12 Entire Declaration. This Declaration contains the entire agreement, and supersedes all prior agreements (either oral or written), with respect to the subject matter hereof. 6.13 Interpretation. Whenever the context requires in construing the provisions of this Declaration, the use of a gender shall include both genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. The word "including" shall bo construed inclusively, and not in limitation, whether or not the words "without limitation" or "but not limited to" (or words of similar import) are used with respect thereto. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. Unless otherwise provided, references to Articles and Sections refer to the Articles and Sections of this Declaration. 6.14 Joint and Several. If any party hereto is composed of more than one person or entity, then the obligations of such party shall be joint and several. 6.15 Recording. This Declaration shall be recorded in the office of the recorder of the county in which the Parcels are located. 6.16 Time of Essence; Force Majeure. Time is of the essence with respect to the performance of each obligation of this Declaration. Whenever performance is required by any person or entity hereunder, such person or entity shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of 15 0 229.01/OC 88:88-250/7-11-00/bns/gtb -10 performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any other cause beyond the reasonable control of such person or entity, then the time for performance as herein specified shall be extended'by the amount of the delay actually so caused. Notwithstanding the foregoing, the provisions of this section shall not operate to excuse any person or entity from the prompt payment of any monies required by this Declaration to be paid. 6.17 Mortgagee Protection. Notwithstanding anything in this Declaration to the contrary, no breach of this Declaration shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but this Declaration shall be binding upon and effective against any party hereto whose title is acquired by foreclosure, trustee's sale, deed or conveyance in lieu of foreclosure or otherwise. Notwithstanding anything to the contrary contained in this Declaration, in order to preserve the rights and interests of any "Institutional Lienholder" (as defined below), if a lien is placed on a Parcel pursuant to Sections 4.6 or 4.8, such lien shall be subordinate and inferior to the lien of any Institutional Lienholder now or CD hereafter placed upon such Parcel. Except as so provided above, the interest of any Institutional Lienholder in a Parcel, and any assignee or successor-in-interest of such Institutional Lienholder, shall be subject to all the covenants, terms and conditions contained in this Declaration. As used herein, "Institutional Lienholder" means any mortgagee under a mortgage or beneficiary under a deed of trust or lessor under a sale and leaseback or secured party under any security agreement constituting a lien on the fee or leasehold interest in any Parcel or any portion thereof, which lienholder is a bank, savings and loan association, insurance company, pension fund, real estate investment trust, credit union or other institutional lender. 6.18 Limitation of Liability. Except as specifically provided below, there shall be absolutely no corporate or personal liability of persons or corporations who constitute the Major Parcel Owner, including, but not limited to, members, officers, directors, employees or agents thereof, with respect to any of the terms, covenants, conditions and provisions of this Declaration. In the event of a default of the Major Parcel Owner hereunder, the Parcel Owner who seeks recovery from the Major Parcel Owner shall look solely to the interest of the Major Parcel Owner in the Major Parcel for the satisfaction of each and every remedy of the non-defaulting Parcel Owner; provided, however, the foregoing shall not in any way impair, limit or prejudice the right of any Parcel Owner to pursue equitable relief in connection with any term, covenant or condition of this Declaration, including a proceeding for a temporary restraining order, preliminary injunction, permanent injunction or specific performance. 150229 01/0C 88885-250/7-I I-00/bns/gtb -1 1- IN WITNESS WHEREOF, THIS DECLARATION HAS BEEN EXECUTED AS Of THE DAY AND YEAR FIRST ABOVE WRITTEN. ZELMAN RENTON, LLC, a Delaware limited liability company By: ZIP Renton, LLC, a Delaware limited liability company By: Zelman Industrial Partners, Inc., a California corporation, Its: Managing Member 0 Sr cr, By: - Paul T. Casey Its: Vice President C STATE OF CALIFORNIA ) ) ss. CQUNTY OF ,Lms-r tN(,cii) On Y , before me, LINDA KAREN WILLIAMS a Notary Public in and for said state, personally appeared PAUL CASEY, personally known to m0 (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 executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. '(A eLtJ tic-e-&-e*L-/x • Notac yf Public in and for said State , LINDA KAREN WIWAMS 141101,.. . CCommission#1198269 (This area for official notarial seal) x .1j$ Notary Public-California '!, County Los Angeles .o My Comm.Expires Oct 11,2002 151,29.01/OC 888:8-250/7-12-00/bns/gtb -12- Exhibits A-1 Legal Description of Adjusted Parcel A A-2 Legal Description of Adjusted Parcel B A-3 Legal Description of Adjusted Parcel C A-4 Legal Description of Adjusted Parcel D (Major Parcel) B-1 Overall Utility Plan B-2 Lot Line Adjustment B-3 Legal Description of Sanitary Sewer Easement B-4 Legal Description of Water Line Easement C Percentage Shares of Parcels 150229.01/OC 88888-250/7-11-0o/bns/gtb -13- EXHIBIT A-1 LEGAL DESCRIPTION OF ADJUSTED PARCEL A Adjusted Parcel "A,' City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County,Washington. OC�UG � 90voa3 r, CV C7 EXHIBIT A-2 LEGAL DESCRIPTION OF ADJUSTED PARCEL B Adjusted Parcel "B," City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County,Washington. ace e) d 9co C.3 .3 C.1 Cr) C_7 C C,J 0 CD C_.) CJ EXHIBIT A-3 LEGAL DESCRIPTION OF ADJUSTED PARCEL C A.justed Parcel "C," City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under R-cording No. , Records of King County, Washington. 0000 £5' 9- 00063 c., 0 tt� co (-NJ c:) EXHIBIT A-4 LEGAL DESCRIPTION OF ADJUSTED PARCEL D (Major Parcel) Adjusted Parcel "D," City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County, Washington. U U n U 1151 O O Cr) C] CD CD CD (ID • n.� EXHIBIT B-1 OVERALL UTILITY PLAN r `„ _ _ - _ is\ ............c.........„=„.„. — ‘ • , ..... .........,__ ,111111111111In �, � r-zoo' ;z:::i I, a 3D m c.'tr -13 c� . .. m co co ► . > O Ir Tr ` m s i wn'6�.,n rzo_.,, r7,, u.) .mIr. . i i r o . , 1 z- '7 > l' M t4 '.-: i 1 rill I/ • I oz r Wei -40 • z z D \ N • rn z v) 'MI , 0 lox ' \ j‘. , FILE: 591 11 u3.dwg 72ND AVENUE SOUTH RN BY OVERALL UTILITY PLAN KENT, Aw WA 98032 TSH 425 251-6222 0E 4/06/99 OAKESDALE BUSINESS �4253251-8782 FAX CHECKED BY CAMPUS - PHASE 2 CML ENGINEERING, LAND PLANNING, JD$ ` ^SURVEYING, ENVIRONMENTAL SERVICESPo`5911 EXHIBIT B-1 OVERALL UTILITY PLAN N K m ; ( II _ Pd 111nlimumw• IIIIMEHMIMmignmal1'-200' Itimg �I I 1 ri f�l t g m -b-I. cn = I ! f x m D r ' is g 2T, D W ma rri . .i 'LI Po I ''�1 • :I A• t• ,l J' —l....- ' ;( j } •-_.--mr I CD . .' •t 4, • , It � - t ��N i ' — N Cr) / CD I K I ;,./ 1.1 i r 0 �, f 3 m `�' sue';111////)1� lid, AVW"----- rn g. ' 1 i 1 : >.* IS 0o C , , D • Z • _ 3 _ z ■I I r II' 9 ■ I' f p- • • '. 1, S r _-_ .--- ° o_.i�:...^=.-_ -- -- ...,, - tea,, ' ''1,. t W 43r6ST= • tr.:_ ' J ALE: 59111u2.dwg ilf OVERALL UTILITY PLAN 18215 72ND AVENUE SOUTH ` RAWN BY KENT, WA 98032 TSH 425 251-6222 04�06/99 OAKESDALE BUSINESS (425)251-8782 FAX CHECKEDC BY: CAMPUS PHASE 2 CML ENGINEERING, LAND PLANNING, i JOB N ` SURVEYING, ENVIRONMENTAL SERVICESA 5911 LOT LINE ADJUSTMENT EXHIBIT o UNE TABLE U.., .1..'33; N Lt}�.t� ..) cYA�z t}M lWC}X scum ~~(D = m oobb �� O Imo k_1L L O p U —� —tJ k3. Tia i } 74:4 W ,, ; In Z U R.z f}1 U3i:.TTED raf�u+oo^ Z A SCALE s•-xo. II� L �` �n p a UMW. i I I�YI AI*.a I N o I5I Y W M }Dao(I a I� I Q�4 T. }._,i ..o rucn waon I FAA y Z la .Z 1 Fr`" I i,.�.n ADJUSTED n . d W N C�O IPV.PoK. >:<. I y [Tool oats vit ArE.swJ �{ > N N _Z tr YNOW OU OI SA o f.ur A V I M M'YA}M1 mu.,,�I ` P 1 O N CO E 1 OGIOx GI I r4<M W.IIWDO Y' !vVyi CO N ca EJ.1 E.r "m !IL— .-""w ut I I . Q .. •n n p)co 00 W W •Z r I i i t o— I ,\..o«n woon — p N I I c�i fl t«."ef n —�-1 _ W t F n OAXEsatE AVE.swI I �—I /-_ = ,,, si—k■ —— ^ to to Z Z yI N N W �I ° g w R P I `rF `-i-to n N E.y �� I I I A ASIED I fV Z CV CV t P I Fuca e �Wd U .e .xPO.. L L of OMESDML AVE.Sw'I I Y�/ �/ .dPLATTFD I I ^ �— ,.. .�1-—— k Yii• . , • FBI _t_ _ f f' MO KIRK / P _ mein woos n..d.n' ow.. nnuc P / d6i W 4 Kett 1 / it'.Ra�.< 1vw'a —� of: p. i I WIZ py r]'YZ Mb f a I I A I rip 5 F enr.o}n fv A I I I P r I —oK+ra°wlw� I M Syr n Z WMtCli.•_ rrr rani'01,., LOT WE ADAISi4ADIT I I ' O I f3 I I u�.rw 1 .irYs' e� WA-96-02:-{LA R• �++ reap tL'tF�[ii�T �t OW Z .......„- , ..., :m KV Wen IsL— ur*mar or / I .""'"a. r""" o .:`rw ... "�aa / // t�•nn • File: P:\sdskproj\591 1\survey\59 1 1 ex 12.dwg Dote/Time: 06/28/2000 07:50 Scole: 1=100 billg Xrefs: J iiiir E: 00li. 000 Z9G onn7 EXHIBIT B-3 LEGAL DESCRIPTION OF SANITARY SEWER EASEMENT 26 36 - - -- II i - �1 Ill O 7 • t_7 �., CREEK G7 �— =7 eV (3) y — _ _ SW 4 lRD sG 1 \,\-I AM G< o ,\ of WAs1411:1) • • Afft +,s o :238 1'■250' ‘S. NSTE�`��5�� h EXPIRES 05/1 8/0 1 �(�1 Fie: P:\SDSKPROJ\5911\S1IRVEY\5911 EX11.DWG Dateillme: 03/27/2000 13:33 Scale: 1=200 Paul Xrefe: Job Number Orv.r1 PCW �GVIA(j� 18215 72N0 AVENUE SOUTH Title: PHASE 3 5911 Q' k 0 KENT, WA 98032 RWG m - �� Z (425)251-6222 Sheet Checked cC ;1� _ (425)251-8782 FAX SEWER 0 1 of 1 Data •3i27/oo r `��P� EASEMENT EXHIBIT EXHIBIT B-3 LEGAL DESCRIPTION OF SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT All that portion of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, King County,'Washington, more particularly described as follows: A strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement centerline: 0 COMMENCING at the North quarter corner of said Section 36 from which point the South quarter c� corner of said Section 36 bears South 01° 31' 28" West; THENCE North 89° 06' 44" West along the Northerly line thereof, a distance of 123.33 feet; THENCE South 02° 05' 45" West, 160.97 feet to the POINT OF BEGINNING; c-v THENCE South 02° 05' 45" West, 510.76 feet to the Northerly line of a 15 foot City of Renton co Roadway and Public Utilities Easement as recorded under Recording No. 7407190570 and the terminus of the herein-described easement centerline. v3 21 po • v�, ns f•.4tP % • a34n o:� . . • i I •°NAL LAI° EXPIRES 5/18/0( i EXHIBIT B-4 LEGAL DESCRIPTION OF WATER LINE EASEMENT 21.5 1 • • c.1 I 0 ,„ 1 i LPCINT '13' I I\-P011,11 'C' co --------------------- f I I K-CREEK CO —I I I I ;Foy H ,i f1NT 'AV— —',r-- - - SW 43RD 5 HEEr_ k \...IAM G / z •i 0 1' 50' i 5■ ANC • g�1 EXPIRES 05/1 8/01 -� n;e. P:\SDSKPR0.1\5911\SL T�-RVE`:\5911EX1C.C'XG Coteie. C5/13/2000 16:01 Scare: 1-000 Steanen %refs: I1V. i//Zfeto,1 Job Number PCW G�q�0 18215 72ND AVENUE SOUTH Title: n PHASE 3 �� KENT, 'NA 98032 Sheet flecked RWG o ` ,". (425)2 1-8 22 FAX WATERLINE 1 o f 1 Date 3/27/DU @L�r�1 EEC; SURVE'.^..4GN EWRcnue+rA-..ca,EASEMENT EXHIBIT M;ev6',N EXHIBIT B-4 LEGAL DESCRIPTION OF WATER LINE EASEMENT WATERLINE EASEMENT All those portions of the Northeast quarter of Section 36 and of the Northwest quarter of Section 36, Township 23 North, Range 4 East,Willamette Meridian, King County,Washington, more particularly described as follows: A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement centerline: COMMENCING at a point which is 114 feet East and 50 feet North from the Northeast corner of Henry Adams Donation Land Claim No.43; THENCE North 89° 15'40" East along the Northerly margin of S.W. 43rd Street, a distance of 81.05 c., feet to the POINT OF BEGINNING; o THENCE North 01° 11' 17" East,46.78 feet; cr) THENCE North 23°24'42"West,98.11 feet; THENCE North 01° 15'27" East, 53.85 feet; czp THENCE South 88°44' 33"East, 162.44 feet to a point hereinafter referred to as Point"A"; CD 'THENCE South 01° 15'27"West,20.00 feet; THENCE North 01° 15'27"East,20.00 feet; THENCE North 88°44' 33"West, 162.44 feet; THENCE North 01° 15'27"East,225.00 feet; THENCE North 88°44'33"West,40.50 feet; THENCE South 88°44' 33"East,40.50 feet; THENCE North 01° 15'27"East, 190.23 feet; THENCE North 87°40' 55"West,40.74 feet; THENCE South 87°40' 55"East,95.20 feet to a point hereinafter referred to as Point"B"; THENCE North 02° 05'45"East, 100.18 feet; THENCE North 87° 54' 15"West, 19.50 feet; THENCE South 87° 54' 15"East, 19.50 feet; THENCE North 02° 05'45"East,270.00 feet; THENCE North 87° 54' 15"West, 18.50 feet; THENCE South 87° 54' 15"East, 18.50 feet; THENCE North 02°05'45"East, 304.86 feet; THENCE North 87° 35' 02"West, 95.34 feet; THENCE South 87° 35'02"East, 194.08 feet; THENCE North 02°24' 58"East,21.50 feet; THENCE South 02° 24' 58"West,21.50 feet; THENCE South 87° 35'02"East,299.71 feet; THENCE North 02° 24'26"East,22.00 feet; THENCE South 02° 24'26"West,22.00 feet; THENCE South 87° 35' 34"East,32.40 feet to the beginning of a 300.00 foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 05° 21' 53", an arc distance of 28.09 feet; THENCE North 87° 02' 32"East, 25.53 feet; THENCE South 02° 24' 58"West,39.00 feet; THENCE North 02° 24' 58"East, 39.00 feet; EXHIBIT B-4 LEGAL DESCRIPTION OF WATER LINE EASEMENT THENCE North 87°02'32"East, 11.65 feet to the beginning of a 300.00 foot radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 05° 22' 25", an arc distance of 28.14 feet; THENCE South 87°36'29"East,21.67 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land,15 feet in width,lying 7.5 feet on each side of the following described easement line: c.-, a BEGINNING at the aforementioned Point"A"; THENCE South 88°44'33"East,7.04 feet; THENCE North 44° 58'35' East,204.47 feet; s. _THENCE North 01° 04'06"East,5.00 feet; `.0 THENCE South 88° 55'54"East,45.00 feet; THENCE North 88° 55'54"West,45.00 feet; THENCE North 01° 04' 06" East, 256.71 feet to a point hereinafter referred to as Point "C" and the c D terminus of the herein-described easement centerline. ti_; TOGETHER WITH a strip of land,15 feet in width,lying 7.5 feet on each side of the following described �`• easement centerline: BEGINNING at the aforementioned Point"B"; THENCE South 87°40'55"East,89.99 feet; THENCE South 02° 19'05"West,33.00 feet; THENCE North 02° 19'05"East,33.00 feet; THENCE South 87°40'55" East,20.85 feet; THENCE North 02° 19'05"East,35.00 feet; THENCE South 02° 19'05"West, 35.00 feet; THENCE South 87°40'55"East, 144.69 feet to the aforementioned Point"C"; THENCE South 87°40'55"East,43.36 feet; THENCE South 02° 19'05"West,30.50 feet; THENCE North 02° 19'05"East, 30.50 feet; THENCE South 87°40'55"East,226.24 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. 0fo/141• 80 4tiv o w tqs TE44'.•• Ili, °` •4I LA119 fEXP1RES 5/18/0; Page 2 of 2 EXHIBIT C PERCENTAGE SHARES OF PARCELS 1. Adjusted Parcel A 22.41% 2. Adjusted Parcel B 22.56% 3. Adjusted Parcel C 35.80% 4. Adjusted Parcel D (Major Parcel) 17.23% - ram; 15022'.01/OC 88888 250/7-12-00/bns/gtb -22- iii1III 1111 20000828001301 Return Address: PAGE 001ROFT005 EAS 13.00 City Clerk's Office KINGBCOUNTy14WA7 City of Renton 1055 South Grady Way Renton,WA Title: UTILITIES EASEMENT-Sanitary Sewer Property Tax Parcel Numbers:: 362304-9071 Project File#: LUA-99-005-LLA Street Intersection or Project Name: Oakesdale Business Campus Phase II&III Reference Number(s)of Documents assigned or released:Additional reference numbers are on pages 4 and 5. Grantor(s): Grantee(s): 1. Zelman Renton,LLC 1. City of Renton, a Municipal Corporation The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to o the abovg named Grantee, the following described property: Additional legal is on pages 4 of document. c*� (Abbreviated legal description MUST go here.) o LEGAL DESCRIPTION: cv A portion of the Southwest Quarter and the Southeast Quarter of Section 25 and of the Northwest Quarter and the Northeast Quarter of Section 36,Townehip 23 North,Range 4 Eaast,W.M.,City of Renton,King County,Washington, o more specifically described in attached exhibit: 0 0 N That said Grantor(s), for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for public utilities (including water,wastewater,and surface water)with necessary appurtenances over, under,through, across And upon the following described property(the right-of-way) in King County, Washington,more particularly described on page 1. (or if full legal is not on page 1-- Exhibit A.) For the purpose of constructing, reconstructing, installing, repairing,replacing, enlarging,operating and maintaining utilities and utility pipelines, including,but not limited to,water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law And without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: c The Grantee shall, upon completion of anywork within the property covered bythe easement,restore the CD P P P P Y surface of the easement, and any private improvements disturbed or destroyed during execution of the cv work, as nearly as practicable to the condition they were in immediately before commencement of the co work or entry by the Grantee. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. o Grantor shall not, however,have the right to: a. Erect or maintain any buildings or structures within the easement; or -.b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. ti:\WWDODO•IIFORMS\I'ROPSVS\03easemn\001 3.DOC\ I'age 2 FORM 03 0013/bh/CA2-2 I-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Ar Z?,22 Z/1 L L C INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument 0 m Notary Public in and for the State of Washington -C� - Notary(Print) My appointment expires: co Dated: CD REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notitry Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING On this day of . 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\WWGODOI\FORMS\PROPSVS\03easemn\00I3.DOC\ Page 3 FORM 03 00 13/bh/CA2-2 1-97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c\--crerc‹:cl-w• ec ct rceccarr:.er -,cr ..c‹ .-. .e‹' -. rc�. .c‹w.-ct'.e\- c <,,, e,<`,c .oy 1. ,i, State of Californi o (t ss. ,,, • County of G'-di It On de‘,(..,cd/&,/.Z�U before me, A ,c-/ , 4�,- .c1-elZ I C`�'ait . � , Date Name and Title.f Officer(e.g..•Jan-boe,Notary Public")' /� personally appeared /�CGe l / . 6-_,? , ii, Name(s)of Signer '. personally known to me I.',I ❑ proved to me on the basis of satisfactory it, evidence i' (.= it it CDf _ to be the persons whose name isf .i �' .. , SANDRA L GARAY subscribed to the within instrument and Z _220 Commies#1269.428 acknowledged to me that he/s e/they executed • . .1 Notcry Pub!,c-Cyifocnia t the same in his/Pre.r/ihe.c authorized •_ i % tos Angeles Camty capacity(t ), and that by his/heclttteic ''.'' '� MY Cantu.Expires Jul 1.2004� � � � signature(�,on the instrument the person(`s)„or the entity upon behalf of which the person cmIr :� i ' acted, executed the instrument. b C J WITNESS my hand and official eal. A C14.CLG Place Notary Seal Above Sign Notary Public $' OPTI NAL o' Though the information below is not required by law, it may prove valuable to persons relying on the document • and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /� Title or Type of Document: 11� `1�1�Jrzi ' .�I�tGGC - (/z'� Document Date: c� t� Number of Pages: Signer(s) Other Than Named Above: ` Un .. Capecity(ies) Claimed byS}gner /� Signer's Name: � P a � C( . 1' i ,. , ,,. il Top orfthum b here Individual ❑ Corporate Officer—Title(s): ❑ Partner— Limited ❑ General ❑ Attorney in Fact ❑ Trustee , Guardian or Conservator ❑ Other: Signer Is Representing: sa © 997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION OAKESDALE BUSINESS PARK PHASE 3 SANITARY SEWER EASEMENT All that portion of the Northwest quarter of Section 36,Township 23 North, Range 4 East,Willamette Meridian, King County, Washington, more particularly described as follows: A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement centerline: COMMENCING at the North quarter corner of said Section 36 from which point the South quarter corner of said Section 36 bears South 01° 31'28"West; THENCE North 89° 06' 44" West, a distance of 123.33 feet; THENCE South 02°05'45"West, 160.97 feet to the POINT OF BEGINNING; THENCE South 02°05'45"West,510.76 feet to the Northerly line of a 15 foot City of Renton Roadway • and Public Utilities Easement as recorded under Recording No. 7407190570 and the terminus of the o herein-described easement centerline. co Pe. 22Q0 cc CD �, tiZp'•M•�Ly CD ; c � �AS$J� S� • ti • ! STE4 •.�4• • 0*• 'A L L Pao i EXPIRES 5/fia 18/Q11 Project Name: Oakesdale Business Park March 27, 2000 Revised August 22, 2000 RWG/sm/jss 5911L.022 25 _i _ _ 36 -- - _______ — II i r II Q I U -- �, t c JI co) O o OK CREEK PR�NG��o -4 — _ SW 43RD STREET 1AM . 0 ASH`-S 0 N\. 4. ‘,.,..,. I ° ,41 /yam , \to, 8 >, _ '; '38 '14'4/ I s LI -P,\,\'c'\)(c c-)s- EXPIRES 05/18/01 t� File: P:\SDSKPROJ\5911\SURVEY\59.11EX11.DWG Date/Time: 08/22/2090 09:31 Scale: 1=200 Stephen Xrefs:'k��NN��//�� l Job Number PCW GNA(/ 18215 72ND AVENUE SOUTH Title* PHASE 3 59� Q' �—�� KENT, WA 98032 (425)251-6222 Sheet Checked RWG �� ;� - (425)251-8782 FAX SEWER 1 0 1 0/ Dote 3/27�00 ys� NG" SURVEYING.MIL EENVI ENVIRONMD ENTAL PLANNING. EASEMENT EXHIBIT ',bk.ENG\N CITY OF RENTON MEMORANDUM DATE: August 24, 2000 TO: Karen Codiga/Sandi Seeger FROM: Lesley Nishihira, x7270 V SUBJECT: Oakesdale Business Campus LLA, File No. LUA-99-005, LLA This Lot Line Adjustment has been sent to the County for recording. Once recorded, we will receive a copy of the mylar and the recording number. Please update the status of the project on the tracking list and in SIERRA. Thank you. cc: Yellow file H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.I NG\LMN\LLAS\DECMEMO.DOC CITY OF RENTON MEMORANDUM DATE: August 2A', 2000 TO: City Clerk's Office FROM: Lesley Nishihira, P/B/PW - Development/Planning, x7270\ SUBJECT: Oakesdale Business Campus LLA II; File No. LUA-99-055, LLA Attached please find two sets of the above-referenced mylar and three copies for recording with King County. Also attached is a Sanitary Sewer Utilities Easement, a Waterline Utilities Easement, and a Covenant, Conditions & Restrictions document. Please refer to the special recording instructions attached. Please have Consolidated Delivery& Logistics, Inc. take these documents via: X 2-hour service ($22.20)-1:00 PM deadline to City Clerk 21/2-31/2 hour service ($17.75)-12:00 PM deadline to City Clerk 4-hour service ($15.15)-10:00 AM deadline to City Clerk • Attached is a check for the amount of$22.20 for the fee to CD&L. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.590.0060.49.000014. Please call me at x7270 if you have any questions. Thank you. cc: Yellow file Property Management Jan Conklin Barghausen (applicant) H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.ING\LMN\LLAS\CLERKMMO.DOC DOCUMENTS FOR RECORDING KING COUNTY RECORDS &ELECTIONS DIVISION TO: CITY CLERK'S OFFICE • DATE: Obeefi p-C) FROM: (N4.ch, d_ ` n)N t S1-1.t El1 Q-A /D�/�J• iR� , /?( % �10 BILLING ACCOUNT NUMBER: CVO /00'7, 64 D• 00 0.44 (xxx/xxxxxx.xxx.xxxx.xxxx.xx.xc000cc): IS REAL ESTATE EXCISE TAX FORM REQUIRED? No Yes ❑ (Attach form) (Account will be charged$2.00 filing fee) INDEXING NOTES: Ottl G -e ,13`uc no.cc, (O..vy1424, IL 6AA9q-01) 7e ma An Rr .f-vn IkG in/►,ri e. v; SPECIAL RECORDING INSTRUCTIONS: c-(_C_ a•-t_(h C • DATE ACQUIRED: GRANTOR: PURPOSE: F--Q_Nrc<' ) Of (11--o I r ( � �-� L'(��S vio 1 p1 �A �a I�, _ ,L COMMON DESCRIPTION: LO-fr J /? J� ,� ,r y�tit/L,1 10o 1 tuS I ADDRESS: PiN C. 0 4 SlAr 492 riA 91 -f- OCLIte Sd Cnn Q L7?'Oq-- 4o 1,q1 o3a,RU3�5,ail( - /� 1 fJ P.I.D. `'g1-523O4'-C'1 o1S S-T-R: �� 3 N r! &SVNY CROSS STREETS: C-J V v JJ 43,4, CURRENT USE: UnhiV ( / itainr vivi v\-GW.+V I.('/14-c-d, V Ci MANAGING DEPARTMENT: DEPT. FILE#. RECORDING# Rev Date 7/97 TS/REC_DOC.DOT/bh Cltyof Renton SPECIAL RECORDING INSTRUCTIONS Fo r King County PROJECT TITLE: t)( � i�d �� ' 1 11�G L mac. 04.Jln/ L LAA- LOCATION: 1\G 0T 4? :�� ' d _Le_, Imo, ¶>J TYPE OF DOCUMENT TO BE RECORDED AND SEQUENCE OF RECORDING: 1) GO Ic iL tiA-1\1ShN.tN1f 4) P C - Of- : C R. • 2) S/ANII—nA4 J ."IA/V�..,1/ 3) Vv/L-4 'A,i irk.- V,A.1A-p)ftt 6) • PLACEMENT OF RECORDING NUMBER ON DOCUMENT(S): 1) Please place recording number of document ( on the following location: Df2C. , - • 2) Please place recording number of document I on the following location: 3) Please place recording number of document I on the following location: 4) Please place recording number of document I on the following location: A_-1- oF- Dor 5) Please place recording number of document ,d. on the following location: Pzi O 6) Please place recording number of document 2 on the following location: 0-C- DOC I Oi ItEft'SPECIAC INSTRUCTIONS: — OfiPktavi ?-dui ! . no. doe", n pa-ce'v '3 a- 3 Doc RECFORM2,DOC/ r ...II r %.ir t:,".::i I UN a 2 200 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA Title: UTILITIES EASEMENT-Sanitary Sewer Property Tax Parcel Numbers: 362304-9071 Project File#: LUA-99-005-LLA Street Intersection or Project Name: Oakesdale Business Campus Phase II&III Reference Number(s)of Documents assigned or released:Additional reference numbers are on pages 4 and 5. Grantor(s): . Grantee(s): 1. Zelman Renton,LLC 1. City of Renton, a Municipal Corporation The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the abov named Grantee, the following described property: Additional legal is on pages 4 of document. (Abbrev- ted legal description MUST go here.) LEGAL ESCRIPTION: A portio of the Southwest Quarter and the Southeast Quarter of Section 25 and of the Northwest Quarter and the Northeast Quarter of Section 36,Townehip 23 North,Range 4 Eaast,W.M.,City of Renton,King County,Washington, more specifically described in attached exhibit: That said Grantor(s), for and in consideration of mutual benefits, do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee, its successors and assigns, an easement for public utilities (including water,wastewater, and surface water)with necessary appurtenances over, under,through,across and upon the following described property(the right-of-way) in King County, Washington, more particularly described on page 1. (or if full legal is not on page 1-- Exhibit A.) For the purpose of constructing, reconstructing, installing, repairing, replacing,enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15)feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. I I\WW60DO'IIFORMS\PROPSVS\03easemn\0013.DOC\ Page 2 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. !_ /err- INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of . 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\W W60DU"I\FORMS\PROPSVS\03easemn\0013.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT q State of Californi ss. County of GJ/ On d63,,,d-/&, Z�i1J before me, , OCUez A/J-64-) ct L ' / 9 C Date /� Name and Title f Officer(e.g., Jane o-,Notary Public")/ k �,� personally appeared / �G�-C� ��4',-%Gf/ , 999,)) (� Name(s)of Signer ') %4 impersonally known to me q , ❑ proved to me on the basis of satisfactory q evidence to be the personN, whose name isPegg l SANDRA L GARAY subscribed to the within instrument and 5 ;. acknowledged to me that he/1#e/tths executed �i ;�,1��'i__-; Commiss+orl#1269428 ,. '-' the same in his/Prerfthek, authorized '' Z -�_ �:. t�}otory PubCtc-Cailfomio � •7,1,., Los Angus County capacity(tes), and that by his/'het(their. i .- Nty Comm.F sesJuIt,2004 signature(�,on the instrument the persons) or 'y — — — — — the entit u on behalf of which the erson A Y P P C • r acted, executed the instrument. 4a i WITNESS my hand and official eal.41111P.Id-/_(7,4 i ' • 6&'622( RM1 Place Notary Seal Above Sign Notary Public A) e3, F OPTI o NAL Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. g Description of Attached Document . 91 e Title or Type of Document: G�tf� CZ ... �Gll�.e2f -ja7&(-0111,G0V/2.)4 �¢ Document Date: �� Number of Pages: ti tt $ 4 Signer(s) Other Than Named Above: `-17//Ze- 9 Capacity(ies) Claimed by S' ner , C Signer's Name: / 2u� / ( RIGHT THUMBPRINT A Individual L�=�1=1V OFf SIGNEthumb �) Top of thumb here ❑ Corporate Officer—Title(s): 4 ❑ Partner—❑ Limited ❑ General t • ❑ Attorney in Fact ❑ Trustee 9 &¢ ❑ Guardian or Conservator 4 ❑ Other: e Signer Is Representing: e g it Z0.�K,T,,,,.'e-eii&..;-ai:-vA"�''Kgxe5�4,i'R�-'ay"a.nve~,.'va"ar<�:"ar. .v+u 4-v. y�y..air'a'.-,e7.--. `y.0.✓Kg 4;Larroz,y we w-..,• 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION OAKESDALE BUSINESS PARK PHASE 3 SANITARY SEWER EASEMENT All that portion of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington, more particularly described as follows: A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement centerline: COMMENCING at the North quarter corner of said Section 36 from which point the South quarter corner of said Section 36 bears South 01° 31' 28"West; THENCE North 89° 06' 44"West, a distance of 123.33 feet; THENCE South 02° 05' 45"West, 160.97 feet to the POINT OF BEGINNING; THENCE South 02°05'45"West,510.76 feet to the Northerly line of a 15 foot City of Renton Roadway and Public Utilities Easement as recorded under Recording No. 7407190570 and the terminus of the herein-described easement centerline. P8 o0 tiZp'.M.GLy AS ca N ; ia �� z 0 - tyFC..7k • ' STE- ••�4 LAM'C)tt) g EXPIRES 5/18/Q( Project Name: Oakesdale Business Park March 27, 2000 Revised August 22, 2000 RWG/sm/jss 5911L.022 25 _ _ 36 - - _ - I I 1 I II 1 :CO N ��1( CREEK � P�1N�,gR 0--, - _ _ SW 43RD STREET 'F ASy/,9`ss ilt$! '� 4, �-G 420 . \ I 4 � \•,, . /S T F " c, .. 1 ■250 'v"C L M EXPIRES 05/18/01 10 File: P:\SDSKPROJ\5911\SURVEY\5911EX11.DWC Date/Time: 08/22/2000 09:31 Scale: 1=200 Stephen Xrefs: (‘ Job Number PCW (IA144 S 18215 72ND AVENUE SOUTH Title: 5911 Drown P F KENT, WA 98032 PHASE 3 RWG m "A,,- Z (425)251-6222 Sheet Checked C - (425)251-8782 FAX SEWER o i yV's _. or 1 Dote3�27�O0 y'°(r ��G *' SURVEYING,CML EERING, LAND ENVIRONMENTAPLANNING. S"RVICEs EASEMENT EXHIBIT rhC ENG�N� • Return lAddress: f Ri t url City Clerk's Office City of Renton AUG 2 3 2000 1055 South Grady Way Renton,WA F ", " gg „ - Title: UTILITIES EASEMENT-Waterline Property Tax Parcel Numbers: 362304-9071,9032& 9111 Project File#: LUA-99-005-LLA Street Intersection or Project Name: Oakesdale Business Campus Phase II&III Reference Number(s)of Documents assigned or released:Additional reference numbers are on pages 4,5 and 6. Grantor(s): Grantee(s): 1. Zelman Renton,LLC 1. City of Renton,a Municipal Corporation The Gr ntor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee, the following described property: Additional legal is on pages 4 and 5 of document. (Abbreviated legal description MUST go here.) LEGAL,DESCRIPTION: A portion of the Southwest Quarter and the Southeast Quarter of Section 25 and of the Northwest Quarter and the Northeast Quarter of Section 36,Townehip 23 North,Range 4 Eaast,W.M.,City of Renton,King County,Washington, more specifically described in attached exhibit: That said Grantor(s), for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee, its successors and assigns,an easement for public utilities (inclu ing water,wastewater,and surface water)with necessary appurtenances over,under,through,across and up n the following described property(the right-of-way)in King County, Washington,more particularly descri ed on page 1. (or if full legal is not on page 1--Exhibit A.) For th purpose of constructing, reconstructing, installing, repairing;replacing,enlarging,operating and maint ining utilities and utility pipelines, including,but not limited to,water,sewer and storm drainage lines, togeth r with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: I. The Grantee shall,upon completion of any work within the property covered by the easement,restore the urface of the easement,and any private improvements disturbed or destroyed during execution of the ork,as nearly as practicable to the condition they were in immediately before commencement of the ork or entry by the Grantee. 2. rantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 'd. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. FI-\WWJ ODOT FORMS\I'ROPSVS\03casemn\0013.DOC\ Pagc 2 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. 1. le/A 4, frA-1 Lz e INDIVIDUAL FORM OFACKNOWLEDGM T Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of . 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: II.\WWGODOI\FORMS\PROPS VS\03easemn\00I3.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT —. . �- ., e c. . :-ram r e .c 4~ w .� 9 State of California 5t ss- g County of C2 iy On 4Z7g,7COO before me, i� �f/^/7/ /�O` �� AIt , 6 V N� y nate Name and Title o O icer .g., Jane e,Notary Public") I personally appeared / C� / , l Name(s)of . er(s) 9 ipersonal y known to me y �� ❑ proved to me on the basis of satisfactory q evidence SANDRA L GARAY `' Commission t�q,�g to be the persons whose names isfa e i '�'�"-; subscribed to the within instrument and �� r: i , -. Abtary Public-CafffaNa � >� c *, lips Mpeles Counl'!r acknowledged to me that he/shetthe�c executed �� _ MyCorrttn•> �_ the same in histherltheir authorized A — capacity(tes), and that by his/hertthe+- 1 signature(s.) on the instrument the person, or t the entity upon behalf of which the personN acted, executed the instrument. .p A WITNE my hand and official se I. R. yl i Place Notary Seal Above Signature Nota Public / i' (1 OPTIONAL 9) q Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. : ,) Description of Attached Document . ` / /, 3 Title or Type of Document: �IJLiQ 2 ? c - 4�/ 2�` - d ��--- y Z di-e pp Oi• Document Date: Number of Pages: �'- - .- _ Signer(s) Other Than Named Above: :g e k • Capacity(ies) Claimed by Si er // Signer's Name: G C�C� � • L G2=Q-/ RIGHTTHUMBPRINT (E individual OF SIGNER '',1 ., / Top of thumb here (k ❑ Corporate Officer—Title(s): c (a ❑ Partner—❑ Limited ❑ General A ❑ Attorney in Fact (ti Ill Trustee 9 (�e 0 Guardian or Conservator 0 Other: j (,I Signer Is Representing: 0, (e ti 0, e-4:.4.1.:-.:`�XS` :gco— `.,(0.`i�. : „ '(:G`t:�v` -' `,..,4•_,`, ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION OAKESDALE BUSINESS PARK PHASE 3 WATERLINE EASEMENT All those portions of the Northeast quarter of Section 36 and of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington, more particularly described as follows: A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement centerline: COMMENCING at a point which is 114 feet East and 50 feet North from the Northeast corner of Henry Adams Donation Land Claim No. 43; THENCE North 89° 15'40" East along the Northerly margin of S.W.43rd Street, a distance of 81.05 feet to the POINT OF BEGINNING; THENCE North 01° 11' 17" East, 46.78 feet; THENCE North 23°24'42"West, 98.11 feet; THENCE North 01° 15'27" East, 53.85 feet; THENCE South 88°44' 33" East, 162.44 feet to a point hereinafter referred to as Point"A"; THENCE South 01° 15'27"West, 20.00 feet; THENCE North 01° 15'27" East, 20.00 feet; THENCE North 88°44' 33"West, 162.44 feet; THENCE North 01° 15'27" East, 225.00 feet; THENCE North 88°44'33"West, 40.50 feet; THENCE South 88°44' 33" East, 40.50 feet; THENCE North 01° 15'27" East, 190.23 feet; THENCE North 87°40'55"West, 40.74 feet; THENCE South 87°40' 55" East, 95.20 feet to a point hereinafter referred to as Point"B"; THENCE North 02° 05'45" East, 100.18 feet; THENCE North 87° 54' 15"West, 19.50 feet; THENCE South 87° 54' 15" East, 19.50 feet; THENCE North 02° 05'45" East, 270.00 feet; THENCE North 87° 54' 15"West, 18.50 feet; THENCE South 87° 54' 15" East, 18.50 feet; THENCE North 02° 05'45" East, 304.86 feet; THENCE North 87° 35'02"West, 95.34 feet; THENCE South 87° 35'02" East, 194.08 feet; THENCE North 02° 24' 58" East, 21.50 feet; THENCE South 02°24' 58"West, 21.50 feet; THENCE South 87° 35'02" East, 299.71 feet; THENCE North 02°24'26" East, 22.00 feet; THENCE South 02°24'26"West, 22.00 feet; THENCE South 87° 35'34" East, 32.40 feet to the beginning of a 300.00 foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 05° 21' 53", an arc distance of 28.09 feet; THENCE North 87°02'32" East, 25.53 feet; THENCE South 02°24' 58"West, 39.00 feet; THENCE North 02° 24' 58" East, 39.00 feet; Project Name: Oakesdale Business Park March 27,2000 Page 4 RWG/sm 59111.021 THENCE North 87°02'32"East, 11.65 feet to the beginning of a 300.00 foot radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 05° 22' 25", an arc distance of 28.14 feet; THENCE South 87°36'29"East,21.67 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement line: BEGINNING at the aforementioned Point"A"; THENCE South 88°44' 33" East, 7.04 feet; THENCE North 44° 58'35' East, 204.47 feet; THENCE North 01° 04' 06" East, 5.00 feet; THENCE South 88° 55' 54" East,45.00 feet; THENCE North 88° 55' 54"West,45.00 feet; THENCE North 01° 04' 06" East, 256.71 feet to a point hereinafter referred to as Point "C" and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement centerline: BEGINNING at the aforementioned Point"B"; THENCE South 87°40' 55" East, 89.99 feet; THENCE South 02° 19' 05"West, 33.00 feet; THENCE North 02° 19' 05" East, 33.00 feet; THENCE South 87°40' 55" East, 20.85 feet; • THENCE North 02° 19' 05" East, 35.00 feet; THENCE South 02° 19' 05"West, 35.00 feet; THENCE South 87°40' 55" East, 144.69 feet to the aforementioned Point"C"; THENCE South 87°40'55" East,43.36 feet; THENCE South 02° 19'05"West, 30.50 feet; THENCE North 02° 19' 05" East, 30.50 feet; THENCE South 87°40'55"East,226.24 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. 0(v 14 B0 ytiZp.M•G�q �:•ov w`'stir .s •4, t . d%c>' tel is o ,.. ,,,I,.... . . t- 0,4,. .. s,,-,.,,, .. O'TAL LAt�g EXPIRES 5/18/0) Project Name: Oakesdale Business Park March 27,2000 Page 5 RWG/sm 5911 L.021 25 I I I I I E I I I I t 1 oINT I I i FPOINT 'C' II 1II K!__cREEK I i II tea°° 1 ) II �ii�� . ii______ kiNT 'A'7___( I 0——Ar- - - - - - ET - - SW 43RD STRE " I AM c ,\�'0� W A sy%qs j 0 �l i g 1 k;l4 -- ‘ 1'■250' i `' Page 6 EXPIRES 05 L18/01 0 File: F\SDSKPROJ\5911\SURVEY\5911EX10.DWG Date/Time: 06/13/2000 16:01 Scale: 1.100 Stephen Xrefs: III,��.W.. ��i ��i11 Jc bNumber Drown PCW IG 0� K8ENT5 WA�32 r,UE SOUTH Title: PHASE 3 5911 lit RWG 11' Z (425)251-6222 Meet Checked - o� =u _. (425)251-8782 FAX WATERLINE _ of 1 Date °<T, ti, CMLUENGINEERING,ENVIRONMENTAL EASEMENT EXHIBIT '0 EHGI- RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND • RESTRICTIONS (this "Declaration") is made as of the/9day of Slu)/ 2000, by ZELMAN RENTON, LLC, a Delaware limited liability company ("Zelman"). ARTICLE 1 RECITALS 1.1 Zelman is the owner of four (4) parcels of land (sometimes herein individually referred to as a "Parcel" and collectively as the "Parcels"), located in the City of Renton, County of King, State of Washington, more particularly described on Exhibits "A-1" through "A-4" respectively attached hereto and incorporated herein. The Parcel described on Exhibit "A-4" [Adjusted Parcel D] is sometimes referred to herein as the "Major Parcel." The Parcels are sometimes collectively referred to herein as the "Project." 1.2 Zelman desires to provide for(i) the reservation of certain easements across the Parcels and (ii) the construction, development, operation and maintenance of the Detention Pond Area and Wetlands Mitigation Area as hereinafter provided. The owner of an individual Parcel is hereinafter referred to as a "Parcel Owner" and the owners of all of the Parcels are collectively referred to as the "Parcel Owners;" Zelman is the owner of the Major Parcel (sometimes referred to herein as the "Major Parcel Owner") and all of the other Parcels as of the date hereof, but upon conveyance of fee title of a Parcel to an entity other than Zelman, said entity shall become the Parcel Owner with respect to such Parcel. Notwithstanding Zelman's common ownership of the Parcels, such common ownership shall not cause a merger of any of the easements, rights and benefits granted hereunder for the benefit of any Parcel over another Parcel, nor cause a merger of any of the obligations or burdens placed hereunder upon a Parcel for the benefit of another Parcel. 1.3 Definitions. For the purposes of this Declaration, the following terms shall be defined as follows: 150229.01/OC 88888-250/7-12-00/bns/gtb A. Default Rate: The greater of(i) ten percent (10%) per annum or (ii) five percent (5%) per annum plus the discount rate prevailing on the twenty-fifth (25th) day of the month preceding the date such payment was due, as established by the Federal Reserve Bank of San Francisco on advances to member banks under Sections 13 and 13a of the Federal Reserve Act as is now or hereafter in effect from time to time. B. Detention Pond Area: The area designated as such and cross- hatched on the Overall Utility Plan attached hereto as Exhibit "B-1" (the "Overall Utility Plan") and situated within the area depicted as the "New Private Storm Drainage Easement" located on the Major Parcel as shown on the proposed Lot Line Adjustment # LUA-99-005-LLA prepared by Barghausen Consulting Engineers, Inc. attached hereto as Exhibit "B-2" (the "Lot Line Adjustment"). C. Governmental Regulations: Any or all laws, statutes, ordinances, codes, decrees, rulings, regulations, writs, injunctions, orders, rules, conditions of approval or authorization of any governmental entity, agency or political subdivision whether now in force or which may hereafter be in force. D. Occupant: Any Person or Prime Lessee (as defined in Section 6.8 hereof) from time to time entitled to the use and occupancy of any portion of a building in the Project under an ownership right or any lease, sublease, assignment, license, concession, or other similar agreement. E. Owner: The record holder of fee title to a Parcel, its heirs, personal representatives, successors and assigns. F. Permittee: All Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and concessionaires of Occupants insofar as their activities relate to the intended use of the Project. G. Person: Individuals, partnerships, firms, associations, corporations, limited liability companies, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. H. Utility Lines: Those facilities and systems for (i) the existing water drainage, storm lines, storm drainage and sanitary sewers in the locations shown on the Overall Utility Plan and the Lot Line Adjustment and more particularly described on Exhibit "B-3"& "B- 4" attached hereto, and (ii) additional water, sewer, drainage, electricity, gas, telephone and any other public utilities as may be deemed necessary by the Parcel Owners, the location of which shall be determined in accordance with Article 2. ARTICLE 2 EASEMENTS 2.1 Utility Easements. 150229.01/OC 88888-250/7-I 1-00/bns/gtb -2- A. Grant of Easements. Zelman hereby reserves across each Parcel, for the benefit of each of the other Parcels, as applicable, a non-exclusive and perpetual easement under, through and across the Parcels, for the installation, operation, maintenance, repair and replacement of Utility Lines as shown on Exhibit "B-1" and Exhibit "B-2", and in such other areas as may be reasonably determined by any Parcel Owner over and across each of the other Parcels; provided, however, in no event shall any easement reserved pursuant to this Declaration interfere with or otherwise adversely affect the construction, development, maintenance and operation of or encroach upon those proposed improvements depicted on the Overall Utility Plan as Buildings A and B and Future Buildings C, D and E. B. Private Storm Drainage Easement. Zelman hereby reserves across the Major Parcel for the benefit of each of the Parcels a non-exclusive and perpetual easement for the installation, operation, maintenance, repair and replacement of facilities related to storm drainage over, under and across the Detention Pond Area. C. Easement Area and Facilities. All Utility Lines shall be installed and maintained below ground level, except for temporary utility service required during construction, maintenance and repair of any buildings or improvements located on a Parcel. D. Installation and Maintenance. The installation, operation, maintenance, repair and replacement of the Utility Lines shall not unreasonably interfere with the use of any other Parcel or with the normal operation of any business in the Project. Any party installing Utility Lines pursuant to the provisions of this Section 2.1 shall pay all costs and expenses with respect thereto, shall cause all work in connection therewith (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible and in a manner so as to minimize interference with the use of the affected Parcel, and shall provide Zelman and/or the owner of the other Parcel(s), as applicable, with as-built plans for all such facilities, including the location of the easement (as determined by a licensed surveyor), within thirty (30) days after the date of completion of construction. Except for any Utility Lines installed by Zelman for the exclusive use of a Parcel, the party installing Utility Lines shall maintain, repair and replace them at its sole cost and expense. If Zelman installs a Utility Line for the exclusive use by a Parcel, then such Parcel Owner shall maintain, repair and replace the Utility Lines which are so installed by Zelman. E. Term. The terms and provisions of this Section 2.1 shall survive the expiration or earlier termination of this Declaration. 2.2 Wetlands Mitigation Area. A. Zelman hereby reserves across the Major Parcel, Adjusted Parcel C and Adjusted Parcel B (as described on Exhibit "A-2") a perpetual non-exclusive easement for the preservation, maintenance and repair of that portion of the Major Parcel, Adjusted Parcel C and Adjusted Parcel B shown and cross-hatched on Exhibit "B-1" and labeled thereon as the Wetlands Mitigation Area. 150229.01/OC 88888-250/7-11-00/bns/gtb -3- B. Each Parcel Owner shall pay its pro rata share of all reasonable costs and expenses incurred by the Major Parcel Owner for the replacement, repair and maintenance of the Wetlands Mitigation Area. Said pro rata share shall be paid in accordance with the terms of Article 4 below and the shares shall be determined in accordance with Exhibit "C" attached hereto. 2.3 No Merger. Notwithstanding Zelman's or a Parcel Owner's ownership of more than one Parcel, the easements granted hereunder shall burden and benefit each Parcel individually, without merger as a result of such common ownership, and upon conveyance of a Parcel so that such Parcel ceases to be under common ownership, neither the owner conveying said Parcel nor the owner acquiring said Parcel shall need to execute additional documentation to evidence the existence of said easements, and said easements shall relate back to and shall be deemed to have been created as of the date hereof. ARTICLE 3 MAINTENANCE; TAXES; INSURANCE 3.1 Maintenance. The Major Parcel Owner shall maintain the Wetlands Mitigation Area and Detention Pond Area at all times in compliance with Governmental Regulations, said maintenance to include, without limitation, the following: A. Removing all snow, paper, debris and refuse to the extent reasonably necessary to keep the area in a clean and orderly condition; B. Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; C. Maintaining, repairing and replacing, when necessary, all storm drains, sewers and other facilities, not dedicated to the public or conveyed to any public or private utility, which are necessary for the operation of the Wetlands Mitigation Area and Detention Pond Area; D. Performing itself or contracting with a third party or parties to perform any of the services described herein; provided, however, that the Major Parcel Owner shall remain responsible and liable for the performance of all said services in accordance with the terms of this Declaration and for the performance of any such third party or parties under any such contract or contracts with the cost of such items being allocated among all of the Parcel Owners in accordance with Article 4 below and Exhibit "C" attached hereto; E. Paying all real property taxes and assessments on the Detention Pond Area, if any; and F. Maintaining liability insurance on the Detention Pond Area and the Wetlands Mitigation Area, in compliance with Section 3.3 below. 150229.01/OC 88888.250/7-11-00/bns/gtb -4- The foregoing obligations shall include any repairs or replacements which may become necessary due to damage or destruction of the Wetlands Mitigation Area and Detention Pond Area. 3.2 Obligation to Keep Parcels Lien Free. The Major Parcel Owner shall keep the Parcels free from any and all liens arising out of any work performed, materials furnished to or obligations incurred by the Major Parcel Owner in connection with the operation and maintenance of the Project hereunder. The Major Parcel Owner shall, within thirty (30) days after the date of imposition of any such lien, pay the lien claim in full, unless the Major Parcel Owner contests such lien claim in good faith, in which case the Major Parcel Owner shall, within such thirty (30) day period and as a condition precedent to the Major Parcel Owner's right to so contest, record a bond of a responsible corporate surety in such amount and in such manner as may be required by applicable law to release the lien from the affected Parcel or Parcels. The Major Parcel Owner shall indemnify, defend, protect and hold all Parcel Owners harmless from any and all claims, liability, losses, damages, injuries, costs or expenses (including reasonable attorneys' fees) in connection with any such lien claim or in connection with the injury or death of any Person or damage to property caused by the negligent or willful misconduct of the Major Parcel Owner and its employees, agents and contractors. 3.3 Insurance. The Major Parcel Owner shall maintain commercial general liability insurance (commercially reasonable in amount) with broad form coverage endorsement (including broad form property damage endorsement) insuring against claims on account of loss of life, personal injury or property damage that may arise from or be caused by the Detention Pond Area and/or the Wetlands Mitigation Area ("Liability Insurance"). The insurance required pursuant to this Section 3.3 shall include the following provisions: (i) shall provide that the policy may not be canceled or reduced in amount or coverage below the requirements of this Declaration, without at least thirty (30) days prior written notice by the insurer to the other Parcel Owners; (ii) shall provide for severability of interests; and (iii) shall be primary and non- contributory. Each Parcel Owner agrees to pay in full on an annual basis, its pro rata share of the Liability Insurance premiums in accordance with Article 4 below and Exhibit "C" attached hereto. ARTICLE 4 REIMBURSEMENT OF MAJOR PARCEL OWNER; DEFAULT; SELF-HELP 4.1 Reimbursement. The Major Parcel Owner shall contract for and pay for the services described in Section 3.1 above in connection with the Wetlands Mitigation Area and the Detention Pond Area, and shall pay all Liability Insurance premiums and real property taxes and assessments on the Detention Pond Area (collectively, the "Maintenance Costs"); provided, however, that the Major Parcel Owner shall not be entitled to reimbursement for all or any portion of its pro rata share of the Maintenance Costs. 4.2 Nonprofit. The Major Parcel Owner agrees to perform its duties under this Declaration (collectively, the "Maintenance Obligations") on a nonprofit basis (except for the Administrative Fee described below) with an end to keeping such expenses at a reasonable minimum. 150229.01/OC 88888-250/7-11-00/bns/gtb -5- 4.3 Service Charge. Each Parcel Owner shall reimburse the Major Parcel Owner for its pro rata share of all of the Maintenance Costs plus a service charge of fifteen percent (15%) of said expenses (including real estate taxes, insurance premiums and utilities) to cover management and administration costs ("Administrative Fee"). The Administrative Fee shall be a maximum, cumulative fee, so that if a third party is hired by the Major Parcel Owner to perform any of the Maintenance Obligations, the other Parcel Owners will never have to pay more than a fifteen percent (15%) Administrative Fee. For example, if a third party charges a ten percent (10%) fee to maintain the Detention Pond Area, the Major Parcel Owner may also charge a five percent (5%) fee, but not more in such example. 4.4 Pro Rata Share. Each Parcel Owner (or its respective Occupants, as it may direct) shall be billed annually in arrears for its pro rata share of the Maintenance Costs incurred by the Major Parcel Owner, with the first billing date occurring after the end of the calendar year in which said expense is incurred by the Major Parcel Owner. Each bill shall be due and payable within thirty (30) days after receipt. If requested in writing, Major Parcel Owner shall furnish copies of all invoices, statements or other documents supporting same. A Parcel Owner's pro rata share shall be determined in accordance with Exhibit "C" attached hereto. 4.5 Audit Rights. A Parcel Owner may, at its own expense and upon not less than ten (10) days prior written notice to the Major Parcel Owner, inspect the Major Parcel Owner's records for the Maintenance Costs incurred during the preceding calendar year at the Major Parcel Owner's general offices or at such other location reasonably designated by the Major Parcel Owner at any time during reasonable business hours within one (1) year after the end of the applicable calendar year. If said inspection correctly reveals an overpayment of the Maintenance Costs, the Major Parcel Owner shall reimburse each Parcel Owner (or its respective Occupants, as it may direct) its proportionate share of any such overpayment. If the inspection reveals an underpayment of the Maintenance Costs, the Owner of each Parcel shall reimburse the Major Parcel Owner its proportionate share of any such underpayment within thirty (30) days after receipt of proper billing. 4.6 Failure to Reimburse Maintenance Costs. In the event any Parcel Owner fails or refuses to pay when due its share of any bill for the Maintenance Costs described above, which failure continues for a period of ten (10) days after receipt of written notice thereof from the Major Parcel Owner, such failure shall constitute a default and legal action may thereafter be instituted against the defaulting Parcel Owner by the Major Parcel Owner for reimbursement plus interest from and after the date the bill was due and payable to and including the date the bill is paid at the Default Rate. Furthermore, the Major Parcel Owner shall have a lien on the Parcel of the defaulting Parcel Owner for the amount of the unpaid Maintenance Costs plus accrued interest at the Default Rate. Notwithstanding the foregoing, if there is a bona fide dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel until such dispute is settled by final court decree or mutual agreement. 4.7 Non-Monetary Default. In the event any Parcel Owner fails to perform any other provision of this Declaration, which failure continues for a period of thirty (30) days after receipt of written notice specifying the particulars of such failure, such failure shall constitute a 150229.01/aC 88888-250/7-I I-00/bns/gtb -6- ii default and any other Parcel Owner may thereafter institute legal action against the defaulting Parcel Owner for specific performance, declaratory or injunctive relief, monetary damages or any other remedy provided by law; provided, however, that the defaulting Parcel Owner shall not be deemed to be in default if such failure to perform cannot be rectified within said thirty (30) day period and such Parcel Owner is diligently proceeding to rectify the particulars of such failure, not to exceed sixty (60) days; provided further, however, that in the event of an emergency, such failure shall be deemed a default if such failure is not rectified in a period reasonable for the nature and circumstances of such emergency. The Major Parcel Owner shall not be deemed to be in default under this Declaration if its failure to perform cannot be rectified within the thirty (30) day period and the Major Parcel Owner is diligently proceeding to rectify the particulars of such failure. 4.8 Self-Help. If the Major Parcel Owner fails to perform any provision of this Declaration, then, upon the expiration of the cure period provided in Section 4.7, and upon an additional ten (10) days prior written notice(except that no additional notice shall be required in an emergency), any Parcel Owner shall have the right, but not the obligation, to enter upon the Major Parcel and any of the other Parcels to cure such default, unless in a non-emergency situation, the Major Parcel Owner commences to cure such default within such ten (10) day period and thereafter diligently pursues such cure to completion. If a Parcel Owner exercises its self-help right, then, within ten (10) days after receipt of an invoice from such Parcel Owner, the other Parcel Owners (including the Major Parcel Owner) shall reimburse to such Parcel Owner all costs reasonably incurred by the Parcel Owner in curing such default, plus an administrative fee equal to fifteen percent (15%) of such costs. Furthermore, if the Parcel Owner curing the default is not repaid by the other Parcel Owners their respective shares of the costs incurred by the Parcel Owner curing the default, then the Parcel Owner curing the default shall have a lien on the other Parcels for the amount of the unpaid costs attributable to each such Parcel, together with accrued interest at the Default Rate. ARTICLE 5 LIEN FOR EXPENSES OR TAXES 5.1 Effectiveness of Lien. The liens provided for in Sections 4.6 and 4.8 above shall only be effective when filed for record as a claim of lien against the defaulting Parcel Owner in the office of the recorder of the county in which the Project is located, signed and acknowledged, which shall contain at least: A. An itemized statement of all amounts due and payable pursuant hereto; B. A description sufficient for identification of that portion of the real property of the defaulting Parcel Owner which is the subject of the lien; C. The name of the Parcel Owner or reputed Parcel Owner of the property which is the subject of the lien; and 150229.01/OC 88888-250/7-11-00/bns/gtb -7- D. The name and address of the Parcel Owner to whom payment is owed. The lien shall attach from the date a claim of lien is recorded and may be enforced in any manner allowed by law, including, but not limited to, by suit in the nature of an action to foreclose a mortgage or mechanic's lien under the applicable provisions of the laws of Washington. The Parcel Owner filing the lien shall release the claim of lien once the costs and expenses secured by the lien have been paid in full. 5.2 Priority of Lien. The claim of lien, when so established against the real property described in the claim of lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing the claim of lien. The claim of lien shall be for the use and benefit of the Parcel Owner to whom payment is owed under the terms of this Declaration. ARTICLE 6 GENERAL PROVISIONS 6.1 Successors and Assigns; Covenants Running with the Land. This Declaration shall inure to the benefit of and be binding upon the Parcel Owners during their ownership of a Parcel, and their heirs, personal representatives, successors and assigns, and each Parcel Owner shall be liable for the performance of all covenants, obligations and undertakings herein set forth during their ownership of a Parcel. Each term, covenant, condition and agreement contained herein respecting a Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. 6.2 Term. Except as otherwise provided in this Declaration with respect to certain easements and other obligations which are to survive the expiration of this Declaration, this Declaration shall expire on that date which is sixty-five (65) years from the date set forth in the initial paragraph of this Declaration, subject to renewal by successive ten (10) periods unless at least one (1) year prior to any such expiration date, all of the Parcel Owners and their Institutional Lienholders agree by a writing recorded in the Records of King County, Washington to earlier terminate this Declaration. 6.3 Amendment; Termination. Zelman (or any successor Owner of the Major Parcel) may modify or terminate this Declaration only with the consent of the Owners of two (2) of the other four (4) Parcels, and then only by written instrument duly executed and acknowledged by all such Parcel Owners, duly recorded in the office of the recorder of the county in which the Parcels are located. Notwithstanding the foregoing, (a) Zelman shall have the right to modify the covenants, conditions and restrictions of this Declaration with respect to any Parcel by executing and recording a written amendment signed by Zelman and the Owner of such Parcel, without obtaining the consent of any other Parcel Owner, and (b) no modification may disproportionately affect a Parcel unless signed by the affected Parcel Owner. 6.4 Multiple Owners. If a Parcel is owned by more than one Person, then all of such Persons shall agree among themselves by a 51% majority of ownership interests and 150229.01/OC 8 8 8 8 8-2 50/7-1 1-00/bns/gtb -8- designate in writing to the other parties a single person or entity who is entitled to act as the Parcel Owner for that Parcel. If the owners of such Parcel cannot agree who shall be entitled to act as the Parcel Owner for that Parcel, or if the owners fail to designate the single person or entity who is entitled to act as the "party" for that Parcel within thirty (30) days after receipt of a request to do so from any other party, then such other parties shall designate one of the owners to act as the "party" for that Parcel. 6.5 Notices. All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, or by United States mail (certified, return receipt requested), or by United States express mail or other established express delivery service (such as Federal Express, DI-IL and United Parcel Service), postage or delivery charges prepaid, addressed to the person and address specified below or, in the absence of such designation, to the person and address shown on the then current real property tax rolls in the county in which the Parcels are located. All notices to Zelman, either in its capacity as owner of the Major Parcel or any other Parcel, shall be addressed as follows: Zelman Renton, LLC do Zelman Development Co. 707 Wilshire Blvd., Suite 3036 Los Angeles, California 90017 Attn: Mr. Paul T. Casey Each party may change the person and address to which notices are to be given, upon written notice to the other parties. All notices given pursuant to this Declaration shall be deemed given upon receipt. For the purpose of this Declaration, the term "receipt" shall mean the earliest of any of the following: (i) the date of delivery to the address specified pursuant to this section as shown on the return receipt; (ii) the date of actual receipt by the person or entity specified pursuant to this section; or (iii) in the case of refusal to accept delivery or inability to deliver, the earlier of (a) the date of the attempted delivery or refusal to accept delivery, (b) the date of the postmark on the return receipt, or (c) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 6.6 Waiver. The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the covenants, conditions and restrictions contained herein by the same or any other person or entity. 6.7 Attorneys' Fees. If any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party its reasonable costs and attorneys' fees (including costs and attorneys' fees on any appeal). 6.8 Sale/Lease-Back. Notwithstanding anything to the contrary contained in this Declaration, it is expressly agreed that in the event an Owner sells its Parcel to an unaffiliated third party (for purposes of this Section, referred to as "Prime Lessor") and such Owner thereafter 150229 01/OC 88888-250/7-11-00/bns/gtb -9- enters into a lease as lessee (for purposes of this Section, referred to as "Prime Lessee") for all of such Parcel with such Prime Lessor, then for so long as Prime Lessee is in possession of the property as lessee, Prime Lessee shall have all of the rights and obligations of the Parcel Owner, and the other Parcel Owners shall look solely to said Prime Lessee for the performance of any obligations said Parcel Owner shall have under this Declaration and the Prime Lessor shall be relieved, while said lease is in effect, of any obligation for the performance of or liability under this Declaration set forth herein relating to either the Parcel Owner or its Parcel. 6.9 Partial Invalidity. If any term or provision of this Declaration or the application hereof to any person or circumstance shall to any extent be invalid or unenforceable, then the remainder of this Declaration and the application of such term or provision to other persons or circumstances shall be unaffected thereby, and each term and provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. 6.10 No Partnership. The provisions of this Declaration are not intended to create, nor shall they in any way be interpreted or construed to create, a joint venture, partnership or any other similar relationship between the parties. Each party shall be considered a separate party and no party shall have the right to act as agent for another, unless expressly authorized to do so herein or by separate written instrument signed by the party to be charged. 6.11 Captions. The captions and headings in this Declaration are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 6.12 Entire Declaration. This Declaration contains the entire agreement, and supersedes all prior agreements (either oral or written), with respect to the subject matter hereof. 6.13 Interpretation. Whenever the context requires in construing the provisions of this Declaration, the use of a gender shall include both genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. The word "including" shall be construed inclusively, and not in limitation, whether or not the words "without limitation" or "but not limited to" (or words of similar import) are used with respect thereto. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. Unless otherwise provided, references to Articles and Sections refer to the Articles and Sections of this Declaration. 6.14 Joint and Several. If any party hereto is composed of more than one person or entity, then the obligations of such party shall be joint and several. 6.15 Recording. This Declaration shall be recorded in the office of the recorder of the county in which the Parcels are located. 6.16 Time of Essence; Force Majeure. Time is of the essence with respect to the performance of each obligation of this Declaration. Whenever performance is required by any person or entity hereunder, such person or entity shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of 150229.01/OC 8 8 8 8 8-2 50/7-1 1-00/bns/gtb -10- . 9 performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any other cause beyond the reasonable control of such person or entity, then the time for performance as herein specified shall be extended.by the amount of the delay actually so caused. Notwithstanding the foregoing, the provisions of this section shall not operate to excuse any person or entity from the prompt payment of any monies required by this Declaration to be paid. 6.17 Mortgagee Protection. Notwithstanding anything in this Declaration to the contrary, no breach of this Declaration shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but this Declaration shall be binding upon and effective against any party hereto whose title is acquired by foreclosure, trustee's sale, deed or conveyance in lieu of foreclosure or otherwise. Notwithstanding anything to the contrary contained in this Declaration, in order to preserve the rights and interests of any "Institutional Lienholder" (as defined below), if a lien is placed on a Parcel pursuant to Sections 4.6 or 4.8, such lien shall be subordinate and inferior to the lien of any Institutional Lienholder now or hereafter placed upon such Parcel. Except as so provided above, the interest of any Institutional Lienholder in a Parcel, and any assignee or successor-in-interest of such Institutional Lienholder, shall be subject to all the covenants, terms and conditions contained in this Declaration. As used herein, "Institutional Lienholder" means any mortgagee under a mortgage or beneficiary under a deed of trust or lessor under a sale and leaseback or secured party under any security agreement constituting a lien on the fee or leasehold interest in any Parcel or any portion thereof, which lienholder is a bank, savings and loan association, insurance company, pension fund, real estate investment trust, credit union or other institutional lender. 6.18 Limitation of Liability. Except as specifically provided below, there shall be absolutely no corporate or personal liability of persons or corporations who constitute the Major Parcel Owner, including, but not limited to, members, officers, directors, employees or agents thereof, with respect to any of the terms, covenants, conditions and provisions of this Declaration. In the event of a default of the Major Parcel Owner hereunder, the Parcel Owner who seeks recovery from the Major Parcel Owner shall look solely to the interest of the Major Parcel Owner in the Major Parcel for the satisfaction of each and every remedy of the non-defaulting Parcel Owner; provided, however, the foregoing shall not in any way impair, limit or prejudice the right of any Parcel Owner to pursue equitable relief in connection with any term, covenant or condition of this Declaration, including a proceeding for a temporary restraining order, preliminary injunction, permanent injunction or specific performance. 150229 01/OC 88888-250/7-I 1-00/bns/gtb -1 1- IN WITNESS WHEREOF, THIS DECLARATION HAS BEEN EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. ZELMAN RENTON, LLC, a Delaware limited liability company By: ZIP Renton, LLC, a Delaware limited liability company By: Zelman Industrial Partners, Inc., a California corporation, Its: Managing Member By: . Y Paul T. Casey Its: Vice President STATE OF CALIFORNIA ) ) ss. COUNTY OF / s On y Zpov , before me, LINDA KAFREN WILLIAMS a Notary Public in and for said state, personally appeared PAUL CASEY, 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 he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Not Public in and for said State UNDA KAREN WIWAMS � ,` Commission it 1198269 (This area for official notarial seal) = �1 � : Notary Public-California Los Angeles County s•r iI My Comm.6vreS Oct 11,2002 .. .r .s . -a► v ,o 150229.01/OC 88888-250/7-12-00/bns/gtb -12- Exhibits A-1 Legal Description of Adjusted Parcel A A-2 Legal Description of Adjusted Parcel B A-3 Legal Description of Adjusted Parcel C A-4 Legal Description of Adjusted Parcel D (Major Parcel) B-1 Overall Utility Plan B-2 Lot Line Adjustment B-3 Legal Description of Sanitary Sewer Easement B-4 Legal Description of Water Line Easement C Percentage Shares of Parcels 150229.01/OC 88888-250/7-11-00/bns/gtb -13- EXHIBIT A-1 LEGAL DESCRIPTION OF ADJUSTED PARCEL A Adjusted Parcel "A,' City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County,Washington. EXHIBIT A-2 LEGAL DESCRIPTION OF ADJUSTED PARCEL B Adjusted Parcel "B," City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County, Washington. EXHIBIT A-3 LEGAL DESCRIPTION OF ADJUSTED PARCEL C Adjusted Parcel "C," City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County, Washington. EXHIBIT A-4 LEGAL DESCRIPTION OF ADJUSTED PARCEL D (Major Parcel) Adjusted Parcel "D," City of Renton Lot Line Adjustment No. LUA-99-005-LLA, as recorded under Recording No. , Records of King County, Washington. EXHIBIT B-1 OVERALL UTILITY PLAN IIII 'AI � 1 __=-.�.y_. ..____-. I - 1 41 D 5 O K 0 . n� - Z -aco M • -L� -, I O • AA m - - cr A m * jam—7....7-11.--- > m m o 2 l' ' ', ' ,I r 1 17:1M 0-4:.;,..,_ ' •N I m z� Z m In - o o 1c _ •m / ALE: 59111u3.dwg `,18215 72ND AVENUE SOUTH 12A1,111 BY OVERALL UTILITY PLAN KENT, WA 98032 TSH 425 251-6222 DA1T 99 OAKESDALE BUSINESS (4253251-8782 FAX CHECKED BY: CAMPUS - PHASE 2 MIL ENGINEERING, LAND PLANNING, JOB NO.: St4URVEI1NG. ENVIRONMENTAL SERVICES��591_ 1 EXHIBIT B-1 -- OVERALL UTILITY PLAN i I o X > � , ■I I i , ; 6 - I 1 e X It m 1 - Ico ' �' ' I I _ '.i - g.r% • 1,, ...71 i ,, 3 . ',..,. ..1:_" [_, ,r r 1 .;1 i 7444111V.r.../I.I i • . . = o N 7f' I ,•y JP:. 1* 3 m �� , II — 7J ice. �� 3 I annalipirdi:,, urn -VAr,e3,71 I I hi._ ---;lib"lb'''. 11_ 1�� IC< • * lRF calk le, -� — III � - • t p i � . I �Z• ! z;.4 co I t D oo Z • — -..4- z I j , a Il f\ \ ALE: 59111u2.dwg 18215 72ND AVENUE SOUTH III RA 3BY OVERALL UTILITY PLAN KENT, WA 98032 TSH 425 251-6222 DAT 04/06/99 OAKESDALE BUSINESS (425)251-8782 FAX CHECKED BY; CAMPUS - PHASE 2 CML ENGINEERING, LAND PLANNING, JDH NG.: SURVEYING, ENVIRONMENTAL SERVICESi 591` 1 LOT LINE ADJUSTMENT EXHIBIT 1:c° UNE TABLE fr c;�3y z Q0 lint LWGM lr.ANrr9 �\w—t3] ,i.! 4........"1 ".......m.....ci in —P —5 0 0 v erreo _ �I I.. %:: r Cw iaroray al w airy UTi:.T7ED e.testa a+Ivan 2 1 Jail_ v]uR�, 1�__41.5 _�__ rest♦ Z 3. SCALE 1.-J00' II1II I 0 u0u10 i I I�P �, I 0 I N o . nnrr4A ♦Urtrues' 9 P� W W nut...>.�,ram I f I. mu.rm AD-LASTED t s 1.001 GnItSOA L Mt.snjto >r•,N N z CW uviWog.)p KCMGS k v'un fr Max*I b O N 00 a [� +.b.wR y 1 C-� 111. Oerlq W Ut G II 1 MC.•�O.t0•>50•N QI' 'wan Mafil- 0ci)CO CO L1I W �j y ---its ' L R I • wO loRq WOOR Z I I w I d 4 r Iw5i Mxt5D4L AK.$111 El + -) � _�'^ 1i _3_—yf/OI to In 6 Z �•�I �� N N I o g - r,"1� — Q 1 t/F ' J fV i 3 Q 1 rye 1 /� oNOW dN'CNI 2_ PLI C/j u m uso0e I 11. ,� i / i'� `Y w W/ b„« t °"o oeo I l — L'ior axcswu AK.sx1/ r ! 1 ac ro.,.ar.:". _ _ '7 .TRATTED I R 6 T 'm.o.;�- J/�4 M^ k • F • �M-y1 __ .r"�c IMAM , I P n'n'n p Q // to9 r -1777, ".'� L'IliI s ,n u Srr {,,.1�J 771 '71: C 1 .rKro b. II Q' r ::: ra t11 W _ A71CA� • '1 '" LOT LAIC AURA:METrt ' W 1600 5e•r5rd f-j e15a1t �/� LUA-99-O2:-{lA rr w. ow - �1 Cr.'' AS O r 410 , 11 WO 1../.NO 1 L_I. '44,'� w roru/ X :•«„: . I \\ P� �r.. -.M ,Cr y. Maa olit.Nrr - r File: P:\sdskproj\591 1\survey\591 1 ex 12.dwg Date/Time: 06/28/2000 07:50 Scale: 1=100 billg Xrefs: 1 EXHIBIT B-3 LEGAL DESCRIPTION OF SANITARY SEWER EASEMENT 215 —, — - 36 II i II ' Ii .•• _-CREEK SW 43RD STREET Ott'" 114 AM GN o y>" pE W A Sy/ ti e)---v` +238c 1e■250' , 1. STEM A L L ANO File: P:\SOSKPRW\591 1\SURv£Y\591 i 1 t.DwG Date/Time: 03/27/2000 13:33 Scale: t s200 Paul xreta: h�IXPIRE Q 8��art//1� Job Number PCW I Gitokt/ 18215 72ND AVENUE SOUTH Title: 59t1 °r°"' P , � KENT, WA 98032 PHASE 3 m -- ?► (425)251-6222 Sheet RWG oC (425)251-8782 FAX SEWER U 1 of 13/27/00 ` SU EASEMENT EXHIBIT Nr,RyGtN EXHIBIT B-3 LEGAL DESCRIPTION OF SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT All that portion of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington, more particularly described as follows: A strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement centerline: COMMENCING at the North quarter corner of said Section 36 from which point the South quarter corner of said Section 36 bears South 01° 31' 28" West; THENCE North 89° 06' 44" West along the Northerly line thereof, a distance of 123.33 feet; THENCE South 02° 05' 45" West, 160.97 feet to the POINT OF BEGINNING; THENCE South 02° 05' 45" West, 510.76 feet to the Northerly line of a 15 foot City of Renton Roadway and Public Utilities Easement as recorded under Recording No. 7407190570 and the terminus of the herein-described easement centerline. 03 11 o° •• p, GL \• •9 v • ,•.�� :f ° Ji4 .. 1 :A-. • • : 11 G/STY. ••. q • I °1'.4r.LA�9g • • EXPIRES 5 r 1810( , ��► EXHIBIT B-4 LEGAL DESCRIPTION OF WATER LINE EASEMENT 2r5 . ii ---in",---- �7 11 �CI 11 `POINT 'C' II K—CAEEK - ,FooI f1NT A' 1 (3,—^r-- - - _ - - - SW 43RD STREET I -a\�E wASAM H'1'‘'ss % u zfi / iktiZ 1 1'■230' L 0S�� k. g EXPIRES W\ 05/18/01 1,�` tile: P:\SCSKPR591t\SURVEY\!St 1 EX 1C.CWG Cate/-re. C5/13/2000 16.01 Scare: 1.tCO Steonen Xrefs.tIIIV. / ////dt r Job Number PC,N ¢G14Avs 18215 72NU AVENUE SOUTH Title' PHASE 3 1 Drum F KENT, WA 98032 427 v (425)251-6222 Sheet clacked RWG 7 (425)251-8782 FAX WATERLINE 1 1 3/27/0O �;� G 1L 'IC;N�(NG wvo PNt . EASEMENT EXHIBIT of Cate c r sm C. �+rnrtcnuertx 5ai1c� V:e4G\" EXHIBIT B-4 LEGAL DESCRIPTION OF WATER LINE EASEMENT WATERLINE EASEMENT All those portions of the Northeast quarter of Section 36 and of the Northwest quarter of Section 36, Township 23 North, Range 4 East,Willamette Meridian, King County,Washington, more particularly described as follows: A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement centerline: COMMENCING at a point which is 114 feet East and 50 feet North from the Northeast corner of Henry Adams Donation Land Claim No.43; THENCE North 89° 15'40" East along the Northerly margin of S.W. 43rd Street, a distance of 81.05 feet to the POINT OF BEGINNING; THENCE North 01° 11' 17"East,46.78 feet; THENCE North 23° 24'42"West,98.11 feet; THENCE North 01° 15'27"East, 53.85 feet; THENCE South 88°44'33"East, 162.44 feet to a point hereinafter referred to as Point"A"; THENCE South 01° 15'27"West,20.00 feet; THENCE North 01° 15'27"East,20.00 feet; THENCE North 88°44' 33"West, 162.44 feet; THENCE North 01° 15'27"East,225.00 feet; THENCE North 88°44' 33"West,40.50 feet; THENCE South 88°44' 33"East,40.50 feet; THENCE North 01° 15'27"East, 190.23 feet; THENCE North 87°40'55"West,40.74 feet; THENCE South 87°40'55"East,95.20 feet to a point hereinafter referred to as Point"B"; THENCE North 02°05'45"East, 100.18 feet; THENCE North 87° 54' 15"West, 19.50 feet; THENCE South 87° 54' 15"East, 19.50 feet; THENCE North 02°05'45"East,270.00 feet; THENCE North 87° 54' 15"West, 18.50 feet; THENCE South 87°54' 15"East, 18.50 feet; THENCE North 02°05'45"East,304.86 feet; THENCE North 87°35'02"West,95.34 feet; THENCE South 87°35'02"East, 194.08 feet; THENCE North 02°24.-58"East,21.50 feet; THENCE South 02°24'58"West,21.50 feet; THENCE South 87°35'02"East,299.71 feet; THENCE North 02°24'26"East,22.00 feet; THENCE South 02°24'26"West, 22.00 feet; THENCE South 87°35'34".East,32.40 feet to the beginning of a 300.00 foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 05°21' 53", an arc distance of 28.09 feet; THENCE North 87°02'32"East,25.53 feet; THENCE South 02°24' 58"West,39.00 feet; THENCE North 02° 24' 58"East,39.00 feet; EXHIBIT B-4 LEGAL DESCRIPTION OF WATER LINE EASEMENT THENCE North 87°02'32"East, 11.65 feet to the beginning of a 300.00 foot radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 05° 22'25", an arc distance of 28.14 feet; THENCE South 87°36'29"East,21.67 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement line: BEGINNING at the aforementioned Point"A"; THENCE South 88°44'33" East,7.04 feet; THENCE North 44° 58'35' East, 204.47 feet; THENCE North 01° 04'06"East, 5.00 feet; THENCE South 88° 55'54"East,45.00 feet; THENCE North 88°55'54"West,45.00 feet; THENCE North 01° 04' 06" East, 256.71 feet to a point hereinafter referred to as Point"C" and the terminus of the herein-described easement centerline. TOGETHER WITH a strip of land, 15 feet in width,lying 7.5 feet on each side of the following described easement centerline: BEGINNING at the aforementioned Point"B"; THENCE South 87°40'55"East, 89.99 feet; THENCE South 02° 19'05"West, 33.00 feet; THENCE North 02° 19'05"East, 33.00 feet; THENCE South 87°40'55" East, 20.85 feet; THENCE North 02° 19'05" East,35.00 feet; THENCE South 02° 19'05"West, 35.00 feet; THENCE South 87°40'55"East, 144.69 feet to the aforementioned Point"C"; THENCE South 87°40'55"East,43.36 feet; THENCE South 02° 19'05"West, 30.50 feet; THENCE North 02° 19'05"East, 30.50 feet; THENCE South 87°40'55"East,226.24 feet to the centerline terminus of a 15 foot waterline easement as recorded under Recording No. 20000204001371, Records of King County, Washington, and the terminus of the herein-described easement centerline. of 14100 e p. ,titiTp'M G ti:. 4 was A° . . .w Imo';(P "� r 0 ;IPS. . -„ T-e V"...TS1115".**4-v C)`VA L 1,A19 `�t>p� EXPIRES 5/18/01 Page2of2 EXHIBIT C PERCENTAGE SHARES OF PARCELS 1. Adjusted Parcel A 22.41% 2. Adjusted Parcel B 22.56% 3. Adjusted Parcel C 35.80% 4. Adjusted Parcel D (Major Parcel) 17.23% 150229.01/0C 88888-250/7-12-00/bns/gtb -22- %, CITY G.; RENTON mmli. Planning/Building/Public Works Department MEM Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 22, 2000 Dan Balmelli Barghausen Engineers 18215 72nd Avenue South Kent, WA 98032 SUBJECT: Oakesdale Business Campus Lot Line Adjustment#2 File No. LUA-99-005, LLA Dear Mr. Balmelli: The City has finished reviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. Please submit two sets of an original signed mylar and a check for$22.20 made out to CD&L to me at the sixth floor counter of City Hall. Please verify that the mylars have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. If you have further questions regarding this project, please call me at(425)430-7270. Sincerely, Lesley Nishihtrl Project Manager cc: Zelman Renton, LLC (owner) Yellow file H:\DIVISION.S\DEVELOP.SER\DEV&PLAN lNGunN\LLAS\FwAI RFC1 nnc 1055 South Grady Way-Renton, Washington 98055 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 15, 2000 131ECF� C vFo TO: Sonja Fesser, Property Services AUG �� 5?400 FROM: Lesley Nishihira, Development/Planning, x7270 Tic/n ii TEM. SUBJECT: Oakesdale Business Campus Lot Line Adjustment ll File No. LUA-99-105, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services approval: Name Dat Robert T. Mac Onie, Jr. PLS cc: Yellow File H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.I NG\LMN\LLAS\PLATMEMO.DOC CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 15, 2000 TO: Neil Watts, Plan Review FROM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Oakesdale Business Campus Lot Line Adjustment II File No. LUA-99-005, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review approval: ag)cd4 2/! /oD Name Date cc: Yellow File H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.I NG\LMN\LLAS\PLATMEMO.DOC CITY .iF RENTON ..LL Planning/Building/Public Works Department J e Tauter,Mayor Gregg Zimmerman P.E.,Administrator August 7, 2000 Dan Balmelli Barghausen Consulting Engineers 18215 72nd Avenue South Kent, WA 98032 SUBJECT: Oakesdale Business Campus Lot Line Adjustment II File No. LUA-99-005, LLA Dear Mr. Balmelli: The City of Renton has reviewed your revised lot line adjustment and has remaining issues to be addressed prior to approving the proposal. • New sanitary sewer and waterline easements to the City are noted on sheet 2 of 3 of the lot line adjustment drawing submittal. These easements need to be granted to the City by separate instrument (forms are attached). The easement documents and lot line adjustment can be recorded concurrently and cross-referenced at that time; therefore, provide a place for the recording number on all documents. • In addition, there are corrections required to the legal descriptions on sheet 1 of 3 (see attached copies). Once the above items have been addressed, please submit two sets of revised plans, as well as drafts easement documents, for the City's review. If you have any questions regarding your application or the requests made above, please contact me at (425) 430- 7270. Sincerely, ik,44„) 7-)77,01) Lesley Nishihira Associate Planner cc: Zelman Renton, LLC, property owners REVREQ3\ 1055 South Grady Way-Renton, Washington 98055 541 " sof0 LOT LINE /*JUST A PORTION OF THE SW 1/4 AND THE SECTION 25 AND OF THE NW 1/4 AND 7 OF SECTION 36, TOWNSHIP 23N, RANGI ING PARCEL CITY OF RENTON, KING COUNTY, WAS L DESCRIPTIONS A: PARCEL B: 30 FEET OF THE FOLLOWING DESCRIBED TRACT: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, UARTER OF SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING RANGE 4 EAST,WILLAMETTE MERIDIAN. IN KING COUNTY,WASHINGTON. DESCRIBED AS FOLLY IINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH N THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO.43; NORTH OF AND 1,000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONA1 ALONG THE CENTERLINE OF SOUTH 180TH STREET(FORMERLY A COUNTY ROAD), 114 FEET; 43; i 674.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 03'49'00'EAST 807.91 FEET,MORE OR LESS,TO THE NORTH LINE OF• iERLY,ON A STRAIGHT LINE PARALLEL TO THE EAST UNE OF NORTHERN PACIFIC RAILWAY COMPANY THENCE NORTH 89'24'30'WEST,ALONG SAID NOR I. • 252.9 FEET,MORE OR LESS, f,TO THE NORTH LINE OF SAID SECTION; WHICH LIES 881.37 FEET WEST OF THE .' (CD,OF SAID NORTHWEST QUARTEI RLY,ALONG THE NORTH UNE OF �• �I�ON,TO A POINT THEREON WHICH IS 881.37 FEET WEST QUARTER; caFWE� -EAST CORNER OF THE NORTHEE e97MLLLIIF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03'40'00'WEST 923.69 FEET TO THE CENTERLINE OF SAID SLOUGH; 1 0S 40'00"WEST,730.69 FEET; c A7PITr--P, THENCE ALONG SAID CENTERUNE OF THE SLOUGH,NORTH 64'32' 10'EAST 184.71 FEET; i 84'34'00'WEST 649.70 FEET, MORE .' LESS,TO'THE TRUE POINT OF BEGINNING. THENCE NORTH 73'26'00'EAST 70 FEET; THENCE NORTH 63' 10'00'EAST 30.52 FEET TO THE POINT OF BEGINNING. D: PARCEL E: OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE JARTER OF SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, IINCTON,DESCRIBED AS FOLLOWS: RANGE 4 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; DESCRIBED AS FOLLOWS: ALONG THE CENTERLINE OF SOUTH 180TH STREET(FORMERLY A COUNTY ROAD), 114 FEET; 1674.78 FEET TO THE TRUE POINT OF BEGINNING; BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH N TERLY,ON A STRAIGHT UNE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY NORTH OF AND 1,000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY.ADAMS DONA1 TO THE NORTH LINE OF SAID SECTION; 43; RLY,ALONG THE NORTH LINE OF SAID SECTION,TO A POINT THEREON WHICH IS 881.37 FEET WEST THENCE NORTH 03'49'00"EAST 807.91 FEET,MORE OR LESS,TO THE NORTH LINE OF' lEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE NORTH 89'24'30'WEST,ALONG SAID NORTH LINE, 252.9 FEET,MORE OR LESS, I 03'40'00'WEST 730.69 FEET; WHICH LIES 881.37 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER I 84'34'00'WEST 649.70 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING; QUARTER; THENCE SOUTH 03'40'00'WEST 923.69 FEET TO THE CENTERLINE OF SAID SLOUGH; ORTH 330 FEET THEREOF. THENCE,ALONG SAID CENTERLINE OF THE SLOUGH,NORTH 64' 32' 10'EAST 184.71 FEET; THENCE NORTH 73'26'00'EAST 70 FEET; F: THENCE NORTH 63' 10'00'EAST 30.52 FEET TO THE POINT OF BEGINNING; OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, EXCEPT THE NORTH 330 FEET THEREOF;AND , WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS; EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROF A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1,WHICH IS EAST AND 530.25 FEET NORTH OF THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,TOW RANGE 4 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON; I 03'49'00'EAST 807.91 FEET TO THE NORTH UNE OF H.NELSON'S TRACT; SAID NORTH UNE.SOUTH 89'24'30"EAST 628.47 FEET TO THE EAST LINE OF SAID H. THENCE NORTH 67 31'36'EAST 1,340.95 FEET; ;T: THENCE SOUTH 01'47'23'WEST 3.10.03 FEET; SAID EAST UNE.SOUTH 00' 13'30'EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE SOUTH 87 36'36'WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS ;THE CENTERLINE OF SAID SLOUGH,SOUTH 21'34'00"WEST 301.02 FEET; EXCEPTION; 56' 44'30'WEST 246.38 FEET; THENCE SOUTH 87 31'36'WEST 460.0 FEET; 75'38'00'WEST 370.3 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02'28'24'EAST 197.0 FEET; THENCE NORTH 87 31'36'EAST 460.0 FEET; DRTH 330 FEET THEREOF;AND THENCE NORTH 07 28'24'WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION;AND 'ORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: EXCEPT RIGHT-OF-WAY FOR SAID DRAINAGE DITCH. THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON; PARCEL K: 8T 31'36'EAST 1,340.95 FEET; THAT PORTION OF SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN 01'47'23'WEST 330.03 FEET; WASHINGTON,DESCRIBED AS FOLLOWS: 87 31'36'WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEA 8T 31'36'WEST 460.0 FEET; ADAMS DONATION LAND CLAIM NO.43; 07 28'24'EAST 197.0 FEET; THENCE NORTH 644.78 FEET; 87'31'36'EAST 460.0 FEET; THENCE SOUTH 84'34'00'EAST 649.70 FEET; 07 28'24'WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS THENCE SOUTH 04'37'00'WEST 170 FEET; 1 THENCE NORTH 84'34'00'WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; OF-WAY FOR SAID DRAINAGE DITCH. THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A POINT EAST OF THE POINT OF BEG THENCE WEST 130.86 FEET TO THE POINT OF BEGINNING; G: EXCEPT RIGHT-OF-WAY FOR SAID DRAINAGE DITCH NO. 1;AND DF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUI FOR WIDENING OF S.W. 43RD STREET. HE NORTHWEST WLLLAMETTE MERIDIAN,IN KING COUNT,WASHINGT OF THE NORTHEAST ON.DESCRIBED AS R OF SECTION 36,TOWNSHIP 34 NORTH, PARCEL M: HE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, THAT POINT OF SECTION 36,TOWNSHIP 23 NORTH,RANGE 4 EAST,WILLAMETTE MERIDIAN,II WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON; WASHINGTON,DESCRIBED AS FOLLOWS: 8T 31'36'EAST 1,340.95 FEET; BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEA 01"47'23'WEST 330.03 FEET; ADAMS DONATION LAND CLAIM NO. 43; 87 31'36'WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 644.78 FEET; . 8T 31'36'WEST 460.0 FEET; THENCE SOUTH 84'34'00"EAST 649.70 FEET, 07 28'24'EAST 197.0 FEET; THENCE SOUTH 04'37'00"WEST 170 FEET TO THE TRUE POINT.OF BEGINNING; 8T 31'36'EAST 460.0 FEET; THENCE NORTH 84'34'00'WEST 470 FEET; 07 28'24'WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE NORTHEASTERLY.ALONG SAID DRAINAGE DITCH CENTERLINE.TO A POINT WHICH BEN 0: / 00'WEST FROM THE TRUE POINT OF BEGINNING; Ni+=Sr I,34 1.56 or 11-1a-J THENCE NORTH 04'37'00'EAST 23 FEET, MORE OR LESS,TO THE TRUE POINT OF BEGIN FEET OF TH WESfi-OBARTER-l1FTpE'SOOTHEAST QUARTER AND THE SOUTH 15 FEET OF 4 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,ALL IN SECTION 25, EXCEPT RIGHT-OF-WAY FOR SAID DRAINAGE DITCH. ORTH. RANGE 4 EAST,WIL AMETTE MERIDIAN, IN KING COUNTY WASHINGTON. • COO 'TIFICATE: LAND SURVEYOR'S CERTIFICATE: ` r��1 AA'"'4\`AI% H q I \\' �� Q;G Cis i This mop correctly represents a survey mode by me or under my - 4,�F W Sy/4 s V. '� c/`�` oy of__.___ 200_0l -_ direction in conformance with the requirements of the SurveyRecording ,(�,y �� , ci�� / ` IA ` I st oea. _. _ of m.rwa..t of Act at the 7uest of Z N R NT N, L.L.C.,in q '�it,1/. 6 i li W =! '!. .. V ,`/ , 200. IK c.l o o . I • o 19" Lob % �4,F1 L51 No CD ? sG , y: CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: August 3,2000 TO: Lesley Nishihira FROM: Sonja J. Fesser SUBJECT: Oakesdale Business Campus LLA#2,LUA--005-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: New sanitary sewer and waterline easements to the city are noted on Sheet 2 of 3 of the lot line adjustment drawing submittal. These easements need to be granted to the city by separate instrument(forms are attached). The easement documents and lot line adjustment can be recorded concurrently and cross-referenced at that time;therefore,provide a place for the recording numbers on all documents. See the attachment for changes needed to the legal descriptions noted on Sheet 1 of 3 of the lot line adjustment submittal. \H:\FILE.SY$\LND\30\0184\RV000727.doc • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: Project File#: Street Intersection or Project Name: Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. 1. City of Renton,a Municipal Corporation Additional legal is on page of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: H:\WW6ODOT\FORMS\PROPSVS\03easemn\0013.DOC\ Page 1 FORM 03 0013/bh/CA2-2 I-97 That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee, its successors and assigns,an easement for public utilities (including water,wastewater,and surface water)with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County, Washington,more particularly described on page 1. (or if full legal is not on page 1--Exhibit A.) For the purpose of constructing,reconstructing, installing, repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines, including,but not limited to,water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. I I:\WWh0pOT\FORMS\PROPSVS\03easemn\0013.DOC\ Page 2 FORM 03 0013/bh/CA2-21-97 • IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: I I WW601X)9\FORMS\PROPSVS\03easemn\0013.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 ��I EXHIBIT"A" LEGAL DESCRIPTION (Must be stamped by a P.E.or L.S.) Page 4 • . Map Exhibit j Page 5 --CAGO TITLE INSURANCE COMF 100 COLUMBIA CENTER, 701 STH AVM SECOND CERTIFICATE SMATTLH, WA 98104 Order No.: 537467 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval,this Company has examined the records of the County Auditor and County Clerk of KING County,Washington,and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY / i. hFNT Ci 1 r 00_ KEN A NNIAIG 9 12000 RELE/V ED EXCEPTIONS: SEE SCHEDULE B ATTACHED • CHARGE: $200.00 TAX: $ 17.20 Records examined to June 28, 2000 at 8 :00 A.M. CHICAGO TITLE INSURANCE COMPANY By deo 1�� MIKE HARRIS/KEITH EISENBREY Title Officer (206) 628-5623 SHPL1TA/12.5-90/EK -TCAGO TITLE INSURANCE COMF DI-del-No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST, 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL B: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1,000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24' 30" WEST, ALONG SAID NORTH LINE, 252.9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881 .37 FEET WEST OF THE NORTHEAST QUARTER OF OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923 .69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64°32' 10" EAST 184 .71 FEET; THENCE NORTH 73°26' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30.52 FEET TO THE POINT OF BEGINNING. PARCEL C: SEE NEXT PAGE CHICAGO 1TI LE INSURANCE COMPANY AGO TITLE INSURANCE COMPAN Policy No.: 000537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 1,000.27 FEET EAST AND 530.25 FEET NORTH LINE OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE, ALONG THE SAID NORTH LINE, SOUTH 89°24'30" EAST 628 .47 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE, ALONG SAID EAST LINE, SOUTH 00°13' 30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00" WEST 301.02 FEET; THENCE SOUTH 56°44' 30" WEST 246 .38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF. PARCEL E: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1, 000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; LEGAL/RDA/0f99 AGO TITLE INSURANCE COMPAN Policy No.: 000537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24'30" WEST, ALONG SAID NORTH LINE, 252.9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881.37 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923.69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64°32' 10" EAST 184.71 FEET; THENCE NORTH 73°26' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30.52 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31'36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31'36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.0 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL F: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, WHICH IS 1,000.27 FEET EAST AND 530.25 FEET NORTH OF THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET TO THE NORTH LINE OF H. NELSON'S TRACT; THENCE, ALONG SAID NORTH LINE, SOUTH 89°24' 30" EAST 628 .47 FEET TO THE EAST LINE OF SAID H. NELSON'S TRACT; THENCE, ALONG SAID EAST LINE, SOUTH 00°13' 30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00" WEST 301.02 FEET; THENCE SOUTH 56°44'30" WEST 246 .38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31'36" EAST 1,340. 95 FEET; LEGAL/RDA/0699 AGO TITLE INSURANCE COMPAN Policy No.: 000537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.0 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL G: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°31'36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.00 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING. PARCEL K: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; THENCE SOUTH 04°37' 00" WEST 170 FEET; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 130.86 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH NO. 1; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. LEGAL/RDA/0699 LGO TITLE INSURANCE COMPAN Policy No.: 000537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL M: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; THENCE SOUTH 04°37' 00" WEST 170 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE NORTHEASTERLY, ALONG SAID DRAINAGE DITCH CENTERLINE, TO A POINT WHICH BEARS SOUTH 04°37' 00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 04°37' 00" EAST 23 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL 0: THE SOUTH 15 FEET OF THE WEST 1,341.56 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 15 FEET OF THE EAST 196 .64 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON. LEGAL/RDA/0699 CHICAGO TITLE INSURANCE COMPANY Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENE RAL EXCEPTIONS: A. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to lien,for contributions to employee benefit funds,or for state workers'compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies,if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. J. Water rights,claims,or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPIATB/031€94/soc CHICAGO I II1.E INSURANCE COMPANY —CAGO TITLE INSURANCE COMF Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) , WITH NECESSARY APPURTENANCES AREA AFFECTED: A 15 FOOT WIDE STRIP OF LAND AND A 25 FOOT STRIP OF LAND OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS B, E AND G; AND OTHER PROPERTY RECORDED: APRIL 25, 1974 RECORDING NUMBER: 7404250404 a 2 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS D, E, F AND K; AND OTHER PROPERTY RECORDED: JUNE 17, 1974 RECORDING NUMBER: 7406170474 c 3 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON A NORTHWESTERLY PORTION OF PARCEL K RECORDED: JULY 19, 1974 RECORDING NUMBER: 7407190570 AI 4 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON PURPOSE: UTILITIES AND UTILITY PIPELINES AREA AFFECTED: PORTIONS OF PARCEL K AS DESCRIBED IN SAID INSTRUMENT RECORDED: MAY 20, 1999 CHICAGO II ILE INSURANCE COMPANY CAGO TITLE INSURANCE COMP Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECORDING NUMBER: 9905200387 AJ 5 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: SIGNAL BUNGALOW AREA AFFECTED: PORTIONS OF PARCEL 0 AS DESCRIBED IN SAID INSTRUMENT RECORDED: SEPTEMBER 29, 1999 RECORDING NUMBER: 19990929000842 AR 6 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON PURPOSE: WATERLINE AREA AFFECTED: PORTIONS OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: FEBRUARY 4, 2000 RECORDING NUMBER: 20000204001371 D 7. THE RIGHT OF THE TRACK OWNER TO THE SPUR TRACKS AND REMOVAL OF SAME, WHICH ARE LOCATED ON SAID PREMISES. E 8. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY, A MINNESOTA CORPORATION RECORDED: AUGUST 24, 1966 RECORDING NUMBER: 6073134 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS FOREVER, ALL IRON, NATURAL GAS, COAL, OIL AND ALL MINERALS OF ANY NATURE WHATSOEVER UPON OR IN THE LANDS ABOVE DESCRIBED, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF THE SAME BY ANY MEANS OR METHODS SUITABLE TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT ENTERING UPON OR USING THE SURFACE OF SAID LANDS OR TO INTERFERE WITH THE USE THEREOF BY THE GRANTEES, THEIR HEIRS AND ASSIGNS. P AFFECTS: PARCELS A AND D SHPIATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY • .AGO TITLE INSURANCE COMP Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS c 9. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY RECORDED: SEPTEMBER 8, 1978 RECORDING NUMBER: 7809080987 AS FOLLOWS: SAVING AND RESERVING, HOWEVER, UNTO SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OF THE COAL, OIL, GAS, CASINGHEAD GAS AND ALL ORES AND MINERALS OF EVERY KIND AND NATURE UNDERLYING THE SURFACE OF THE PREMISES HEREIN CONVEYED, TOGETHER WITH THE FULL RIGHT, PRIVILEGE AND LICENSE AT ANY AND ALL TIMES TO EXPLORE, OR DRILL FOR AND TO PROTECT, CONSERVE, MINE, TAKE, REMOVE AND MARKET ANY AND ALL SUCH PRODUCTS IN ANY MANNER WHICH WILL NOT DAMAGE STRUCTURES NOR DISTURB THE SURFACE NOR INTERFERE WITH THE USE OF THE PREMISES HEREIN CONVEYED. a AFFECTS: PARCEL 0 10. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: DECEMBER 31, 1997 RECORDING NUMBER: 9712312199 a AFFECTS: SAID PREMISES EXCEPT PARCEL 0. K 11 . COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: SEPTEMBER 15, 1998 RECORDING NUMBER: 9809150394 AFFECTS: PARCEL 0. AL 12 . DECLARATION OF RESTRICTIVE COVENANTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 13, 1999 RECORDING NUMBER: 9904130740 SHPIATB3/1b12-90/EK CHICAGO TITLE INSURANCE COMPANY CAGO TITLE INSURANCE COMT - Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS u 13 . RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE 81-2-08117-7. x AFFECTS: PARCEL K o 14 . ANY QUESTIONS RELATING TO THE TRUE LOCATION OF THE DRAINAGE DITCH AS IT PRESENTLY EXISTS IN RELATION TO THE RIGHT OF WAY BOUNDARIES ESTABLISHED BY DECREE ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 32912. P 15. TERMS AND CONDITIONS OF CONSENT DECREE AND AMENDMENTS THERETO FILED IN KING COUNTY UNDER SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 REGARDING CLEANUP OF CONTAMINATION. AP AFFECTS: INCLUDES OTHER PROPERTY AN INSTRUMENT REGARDING COMPLIANCE WITH THE CONSENT DECREE AS TO SAID OTHER PROPERTY WAS RECORDED UNDER RECORDING NUMBER 9809282079. AM AN INSTRUMENT REGARDING COMPLIANCE WITH THE CONSENT DECREE AS TO PARCELS B, C, E, F, AND G WAS RECORDED UNDER RECORDING NUMBER 9903192087. g 16 . THE EFFECT OF ANY VIOLATION OF LAWS, ORDINANCES OR REGULATIONS RELATING TO ENVIRONMNETAL PROTECTION AS DISCLOSED BY INFORMATION CONTAINED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 AND/OR OTHER COURT FILES RELATED THERETO. s AFFECTS: INCLUDES OTHER PROPERTY ✓ 17. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2000 TAX ACCOUNT NUMBER: 362304-9071-02 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1,416,600.00 ASSESSED VALUE-IMPROVEMENTS: $ 1, 000.00 GENERAL & SPECIAL TAXES: BILLED: $ 18, 945.57 PAID: $ 9,472 .79 UNPAID: $ 9,472.78 AFFECTS: PARCELS A AND D. ✓ 18. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF SHPLATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2000 TAX ACCOUNT NUMBER: 362304-9032-00 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 647, 100.00 ASSESSED VALUE-IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 10, 007.10 PAID: $ 5,003 .55 UNPAID: $ 5,003.55 AFFECTS: PARCELS B AND E, AND A PORTION OF PARCEL G. w 19. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2000 TAX ACCOUNT NUMBER: 362304-9033-09 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1,296,200.00 ASSESSED VALUE-IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 16,843.27 PAID: $ 8,421.64 UNPAID: $ 8,421.64 AFFECTS: REMAINDER OF PARCEL G AND ALL OF PARCELS C AND F. x 20. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2000 TAX ACCOUNT NUMBER: 362304-9111-04 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1,230,400.00 ASSESSED VALUE-IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 15, 987.69 PAID: $ 7, 993 .85 UNPAID: $ 7, 993 .84 SH PIATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY 2AGO TITLE INSURANCE COMP Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AFFECTS: PARCELS K AND M. AA 21. MATTERS DISCLOSED BY A SURVEY OF THE PREMISES BY BARGHAUSEN CONSULTING ENGINEERS, INC. , DATED OCTOBER 22, 1996, JOB NO. 5911: A. CHAIN LINK FENCE ALONG NORTH LINE OF SAID PREMISES MEANDERS ALONG EITHER SIDE OF LINE BY APPROXIMATELY 1 FOOT. B. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF (4) 72" CULVERTS LOCATED ALONG THE EAST LINE OF SAID PREMISES. C. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF A RAILROAD BUILDING LOCATED AT THE EAST END OF PARCEL O. AN 22. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: TOKAI BANK OF CALIFORNIA AMOUNT: $ 10, 837,500.00 DATED: JUNE 15, 1999 RECORDED: JULY 9, 1999 RECORDING NUMBER: 19990709000081 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AO AFFECTS: PARCELS B, C, E, F, G, AND A PORTION OF PARCEL O. AP 23. ASSIGNMENT OF LEASES, RENTS AND LEASE GUARANTIES GIVEN FOR SECURITY AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ZELMAN RENTON, LLC ASSIGNEE: TOKAI BANK OF CALIFORNIA DATED: NOT DISCLOSED RECORDED: JULY 9, 1999 RECORDING NUMBER: 19990709000082 SHPLATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY CAGO TITLE INSURANCE COMT Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AQ AFFECTS: PARCELS B, C, E, F, G, AND A PORTION OF 0. AR 24 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ZELMAN RENTON, L.L.C. TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: WILDER CONSTRUCTION COMPANY AMOUNT: $ 2, 300,000.00 DATED: JULY 31, 1999 RECORDED: AUGUST 20, 1999 RECORDING NUMBER: 19990820001461 LOAN NUMBER: --- THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AS AFFECTS: PARCELS A, D, K, AND M. AT 25 . MEMORANDUM OF LEASE, INCLUDING THE TERMS AND CONDITIONS OF THE LEASE DISCLOSED THEREIN: LESSOR: ZELMAN RENTON, LLC LESSEE: ALEXANDER BROADCASTING COMPANY RECORDED: APRIL 7, 2000 RECORDING NUMBER: 20000407001279 AU AFFECTS: PARCELS E, F, AND G. AB 26 . TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY. AC 27. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. AV NOTE 1 : GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: 2000 SHPIATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY - AGO TITLE INSURANCE COMP Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS TAX ACCOUNT NUMBER: 252304-9075-01 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1, 000.00 ASSESSED VALUE-IMPROVEMENTS: $ 0.00 AMOUNT BILLED AND PAID: $ 35.63 AFFECTS: PARCEL 0. AG NOTE 2: A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 9809049001. As AFFECTS: THE SOUTHERLY LINE OF SAID PREMISES AND ADJOINING PROPERTY. AD NOTE 3 : THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF R.C.W. 65.04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36-23-4; AND PORTIONS OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25-23-4 . AS OF JUNE 28, 2000 THE TAX ACCOUNTS FOR SAID PREMISES ARE 362304-9071-02, 362304-9032-00, 362304-9033-09, 362304-9111-04, AND 252304-9075-01. END OF SCHEDULE B S H PIATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY 0 CHICAGO TITLE INSURANCE COMPANY 4 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 , IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. 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S t. 1;1IQOPMF C/7y OF REN otN1NG Jill 1 2000 ED SW 43rd St. & Oakesdale Ave. SW Lot Line Adjustment LUA-99-005-LLA Renton, WA BCE# 5911 Lot Closures July 19, 2000 Barghausen Consulting Engineers, Inc. 18215 72"d Avenue South Kent, WA 98032 (425) 251-6222 output .prn page 1 Project : 5911 Wed Jul 19 13 : 1 0 : 37 2000 Lot Map Check Lot name: A North: 165455. 4275 East : 1293187 . 7808 Line Course: S 87-30-52 E Length: 903 . 60 North: 165416. 2406 East : 1294090. 5307 Line Course: S 01-48-07 W Length: 369. 83 North: 165046. 5935 East: 1294078 . 9015 Line Course: N 87-44-41 W Length: 906. 52 North: 165082 . 2667 East : 1293173 . 0837 Line Course: N 02-15-23 E Length: 373 . 45 North: 165455 . 4272 East : 1293187 . 7869 Perimeter: 2553 . 40 Area: 336, 346 sq. ft. 7 . 721 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0061 Course: S 87-00-33 E Error North: -0 . 00032 East: 0 . 00606 Precision 1 : 420, 799. 58 Lot name: B North: 165082 . 2671 East : 1293173 . 0785 Line Course: S 87-44-40 E Length: 906. 52 North: 165046. 5895 East : 1294078 . 8962 Line Course: S 01-48-08 W Length: 17 . 78 North: 165028 . 8183 East : 1294078 . 3370 Line Course: S 59-05-04 W Length: 47 . 77 North: 165004 . 2753 East : 1294037 . 3539 Line Course: S 17-53-35 W Length: 30 . 54 North: 164975 . 2124 East: 1294027 . 9707 Line Course: S 40-23-35 W Length: 98 . 52 North: 164900 . 1779 East : 1293964 . 1271 Page 1 output .prn Line Course : S 26-08-35 W Length: 96. 77 North: 164813 . 3078 East: 1293921 . 4888 Line Course: S 58-08-35 W Length: 92 . 65 North: 164764 . 4071 East : 1293842 . 7949 Line Course: S 67-23-35 W Length: 97 . 29 North: 164727 . 0082 East : 1293752 . 9803 Line Course : S 73-38-35 W Length: 97 . 77 North: 164699. 4741 East: 1293659 . 1674 Line Course: S 80-08-35 W Length: 99. 91 North: 164682 . 3707 East : 1293560 . 7323 Line Course: S 74-08-35 W Length: 99. 25 North: 164655. 2519 East : 1293465 . 2590 Line Course: S 84-23-35 W Length: 100 . 35 North: 164645 . 4474 East : 1293365 . 3892 Line Course: S 72-08-35 W Length: 103. 02 North: 164613. 8572 East: 1293267 . 3321 Line Course: S 67-08-35 W Length: 101 . 18 North: 164574 . 5557 East : 1293174 . 0970 Line Course: S 65-23-35 W Length: 23. 53 North: 164564 . 7580 East : 1293152 . 7039 Line Course: N 02-15-18 E Length: 517 . 91 North: 165082 . 2669 East: 1293173 . 0821 Perimeter: 2530 . 76 Area: 310, 923 sq. ft. 7 . 138 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0036 Course: S 87-18-59 E Error North: -0 . 00017 East: 0 . 00360 Precision 1 : 701, 446. 30 Lot name: C North: 165477 . 4261 East: 1292554 . 0675 Line Course: S 89-07-06 E Length: 196. 64 North: 165474 . 4003 East : 1292750 . 6842 Line Course: S 87-30-52 E Length: 437 . 50 North: 165455. 4271 East : 1293187 . 7726 Line Course: S 02-15-21 W Length: 760 . 76 North: 164695 . 2566 East: 1293157 . 8279 Line Course: N 87-44-40 W Length: 319. 65 North: 164707 . 8370 East: 1292838 . 4256 Line Course: N 01-04-06 E Length: 46. 01 North: 164753 . 8390 East : 1292839. 2835 Line Course: N 87-44-40 W Length: 348 . 21 Page 2 output .prn North: 164767 . 5434 East : 1292491 . 3432 Line Course: N 01-11-15 E Length: 15 . 21 North: 164782 . 7501 East : 1292491 . 6585 Line Course: N 02-06-41 E Length: 680 . 71 North: 165462 . 9980 East : 1292516. 7374 Line Course: S 89-07-06 E Length: 37 . 00 North: 165462 . 4286 East : 1292553 . 7330 Line Course: N 01-13-34 E Length: 15 . 00 North: 165477 . 4252 East : 1292554 . 0540 Perimeter: 2856. 70 Area: 493, 169 sq. ft . 11 . 322 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0136 Course: S 86-09-49 W Error North: -0 . 00091 East : -0 . 01353 Precision 1 : 210, 737 . 31 Lot name: D North: 164564 . 7593 East: 1293152 . 7006 Line Course: S 65-23-35 W Length: 75 . 34 North: 164533 . 3884 East : 1293084 . 2025 Line Course: S 73-38-35 W Length: 99. 78 North: 164505 . 2883 Est: 1292988 . 4610 Line Course: S 66-38-35 W Length: 102 . 71 North: 164464 . 5681 East: 1292894 . 1678 Line Course: S 58-08-35 W Length: 103. 10 North: 164410 . 1519 East : 1292806. 5979 Line Course: S 48-53-35 W Length: 103. 02 North: 164342 . 4197 East : 1292728 . 9740 Line Course: S 40-53-35 W Length: 103. 06 North: 164264 . 5133 East : 1292661 . 5059 Line Course: S 31-23-35 W Length: 103. 41 North: 164176. 2410 East : 1292607 . 6390 Line Course: S 21-23-36 W Length: 19. 05 North: 164158 . 5036 East : 1292600 . 6902 Line Course: S 89-15-40 W Length: 122 . 01 North: 164156. 9302 East : 1292478 . 6903 Line Course : N 01-11-17 E Length: 610 . 75 North: 164767 . 5489 East : 1292491 . 3536 Line Course: S 87-44-40 E Length: 348 . 21 North: 164753 . 8445 East : 1292839 . 2938 Line Course: S 01-04-06 W Length: 46. 01 North: 164707 . 8425 East : 1292838 . 4359 Page 3 output .prn Line Course: S 87-44-40 E Length: 319. 65 North: 164695 . 2622 East : 1293157 . 8383 Line Course : S 02-15-14 W Length: 130 . 60 North: 164564 . 7632 East: 1293152 . 7021 Perimeter: 2286. 69 Area: 237, 422 sq. ft . 5 . 450 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0042 Course: N 21-29-52 E Error North: 0 . 00388 East : 0 . 00153 Precision 1 : 548, 249. 41 f, Page 4 t7-1,OiivrP MAR 9E•,ON 'NG THE ZELMAN COMPANIES U049 RECE 707 WILSHIRE BOULEVARD, SUITE 3036 • LOS ANGELES, CA 90017 • TELEPHONE (213) 533-8100 • FAX (213) 533-8118 /I/ED March 8, 2000 Ms. Lesley Nishihira City of Renton Planning/Building/Public Works Department 1055 South Grady Way Renton, Washington 98055 Re: Oakesdale Business Campus Lot Line Adjustment II File No. LUA-99-005, LLA Dear Ms. Nishihira: I am in receipt of your letter dated February 29, 2000 regarding the status of our lot line adjustment. I apologize for the delay in forwarding to you a set of CC&R's for the property. I will do so by the end of this month. If you have any questions regarding this matter, please call me at 213/533-8120. Thank you for your patience. Sincerely, ZELMAN RENTON, LLC By: ZIP RENTON, LLC By: ZELMAN INDUSTRIAL PARTNERS, INC. By: ave / Paul T. Ca Vice President PTC/am cc: Dan Balmelli ZELMAN DEVELOPMENT CO. ZELMAN INDUSTRIAL PARTNERS,INC. ZELMAN RETAIL PARTNERS,INC. aluleWIFA ila- ttR6 Vldttd A CALIFORNIA CORPORATION A CALIFORNIA CORPORATION '• `r; .. CIT% )F RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 29, 2000 Dan Balmelli Barghausen Consulting Engineers 18215 72nd Avenue South Kent,WA 98032 SUBJECT: Oakesdale Business Campus Lot Line Adjustment II File No. LUA-99-005, LLA - Dear Mr. Balmelli: I am sending this letter to request a written update on the status of the above referenced project. Our records indicate there has been no correspondence or activity related to the project in over 10 months. Because our storage space for active files is limited, we will need to close your application as inactive if we do not receive a written update by March 14, 2000. As stated in my last correspondence, dated April 9, 1999, provision will need to be made on the drawing for a reference to the CC&Rs along with space for a recording number. The City will need to review the CC&R document before it can be sent for recording (intended to be concurrent with the lot line adjustment). In addition, two buildings have been constructed on the subject site during the time that has lapsed for the review of the lot line adjustment. Therefore, the plan must also be revised in order to provide references to all existing structures and improvements (e.g., building footprint, ground floor square footage, dimensioned setbacks from proposed property lines, parking, landscaping, etc.). We look forward to working with you in order to complete and record this lot line adjustment. Please contact me at(425)430-7270 if you have any questions regarding this project. Sincerely, ;1/(14 7h Lesley Nishi ra Project Manager cc: Zelman Renton, LLC, property owners • 7-1 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer CITY _)F RENTON :•LL �r Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 9, 1999 Dan Balmelli Barghausen Consulting Engineers 18215 72nd Avenue South Kent, WA 98032 SUBJECT: Oakesdale Business Campus Lot Line Adjustment II AAA cI‘i'tc'C 4'i a- DE ar Mr. Balmelli: Tr e City of Renton has reviewed your revised lot line adjustment and has remaining issues to be addressed prior to approving the proposal. Provision will need to be made on the drawing for a reference to the CC&Rs along with a space for the recording number. Once this change has been made, please submit 2 copies of the lot line adjustment map to me at the sixth floor counter of City Hall. In addition, we still need to review a copy of the CC&Rs intended to be recorded concurrently with the lot line adjustment. Please submit a copy with the revised lot line adjustment plans. The revised plans will not be routed for final approval until a copy of the C(.'&Rs has been received. If you have any questions regarding your application or the requests made above, please contact me at (425) 430-7270. Sincerely, Lesley Nishihira Assistant Planner cc Zelman Renton, LLC, property owners RE';'REQ2.DOC\ 1055 South Grady Way - Renton, Washington 98055 a)This paper contains 50%recycled material,20%post consumer CITY OF RENTON MEMORANDUM DA rE: April 1, 1999 TO Sonja Fesser, Property Services FR DM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Oakesdale Lot Line Adjustment, File #LUA-99-005, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as )ossible. However, if you have outstanding concerns or require additional information in order to rec)mmend recording (re)recording, please let me know. Thank you. Prcperty Services approval: Name Date cc: Yellow File PIA" MEMO.DOC\ CITY OF RENTON MEMORANDUM DATE: April 1, 1999 TO Neil Watts, Plan Review FR,JM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Oakesdale Lot Line Adjustment, File #LUA-99-005, LLA Att:iched is the most recent version of the above-referenced lot line adjustment. If niquired improvements have been installed and/or deferred and any other Plan Review cor cerns have been addressed and you are able to recommend recording of this lot line adj istment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank yol. � CIdC(1(/ Pla i Review approval: , Q�t 1.' (4/1/49 Name Date cc: Yellow File PLATMEMO.DOC\ 6 CITY IF RENTON N Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 1, 1999 Dan Balmelli Barghausen Engineers 18215 72nd Avenue South Kent, WA 98032 SUBJECT: Oakesdale Business Campus Lot Line Adjustment II Project No. LUA-99-005, LLA Dear Mr. Balmelli: The City of Renton has reviewed your proposed lot line adjustment. Please make the following changes so that we may approve your proposal: 1. Please show proposed ingress and egress easements for lots B, C, and D on the plan. (The City cannot approve property line adjustments which result in land locked parcels.) 2. If there are CC&R documents to be recorded with the lot line adjustment, the City will need to review a draft copy before the lot line adjustment can be recorded. 3. Note the City of Renton land use action number (LUA-99-005-LLA) and the City's land record number(LND-30-0184) on the drawing. 4. The City of Renton addressing for the proposed lots is as follows: Parcel A - 4001 Oakesdale Ave SW, Parcel B - 4101 Oakesdale Ave SW, Parcel C - 4051 Oakesdale Ave SW, Parcel D - 4151 Oakesdale Ave SW and Parcel E- 1600 SW 43rd St. 5. Note the date the existing monuments were visited, per WAC 332-130-050 1.f.iv. 6. Note if the adjoining properties are platted (give plat name and lot number) or unplatted. 7. Note to whom new easements, if any, are to be granted (private or City-held). 8. Note that if there are restrictive covenants, easements or agreements to others as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the City Clerk's office as a package. The lot line adjustment shall have the first recording number. The recording number(s) for the associated document(s) should be referenced on the lot line adjustment drawing in the appropriate location(s). 9. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 10. See the attachment for errors noted on Sheet 1 of 3. Once the above changes have been made, please submit two copies of the revised lot line adjustment to me for review. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7270. Sincerely, Lesley Nishihira Assistant Planner cc: Zelman Renton, LLC/Property Owners 1055 South Grady Way-Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer ..._...g 1vLi 4.r r„, p vII 1 F 1L IVYY I/if /AIVV I flC INt 1/4 OF SECTION 36, TOWNSHIP 23N, RANGE 4E, W.M. " °`}`" ' "� s CITY OF RENTON, KING COUNTY, WASHINGTON PARCEL B: PARCEL C: TRACT: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACTS: NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, NORTH,RANGE 4 EAST,WILWIETTE MERIDIAN,IN KING RANGE 4 EAST,WILLAMETTE MERIDIAN. IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: RANGE 4 EAST,WILTAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE Of SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1,530.25 FEET BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE CH NO. 1, 1,000.27 FEET Y ADAMS DONATION LAND CLAM N0.43; NORTH OF AND 1,000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. EAST AND 530.25 FEET NORTH LINE OF THE NORTHEAST CORNER OF HENRY AD AA(S DONATION LAND CLAIM NO.43; 1H STREET(FORMERLY A COUNTY ROAD), 114 FEET; 43; THENCE NORTH 0S 49'00'EAST 807.91 FEET,MORE OR LESS,TO THE NORTH ONE OF SAID SUBDMSION; BEGINNING; THENCE NORTH 0S 49'00'EAST 807.91 FEET,MORE OR LESS,TO THE NORTH LINE OF SAID SUBDMSION; THENCE.ALONG THE SAID NORTH UNE,SOUTH 89'24'30'EAST 628.47 FEET TO THE EAST LINE OF SAID 0 THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY THENCE NORTH 89' 24'30'WEST,ALONG SAID NORTH LINE,252.9 FEET,MORE OR LESS,TO A POINT SUBDMSION; I; WHICH LIES 881.37 FEET WEST OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER OF THE NORTHEAST THENCE,ALONG SAID EAST UNE,SOUTH 00' 13'30'EAST 290 FEET TO THE CENTERUNE OF SAID SLOUGH; iECTION,TO A POINT THEREON WHICH IS 881.37 FEET WEST QUARTER; THENCE,ALONG THE CENTERLINE OF SAID SLOUGH,SOUTH 21'34'00'WEST 301.01 FEET; NER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03' 40'00'WEST 923.69 FEET TO THE CENTERUNE OF SAID SLOUGH; THENCE SOUTH 56'44'30'WEST 246.38 FEET; THENCE ALONG SAID CENTERUNE OF NE SLOUGH,NORTH 64'32' 10'EAST 184.71 FEET; THENCE SOUTH 75'38'00'WEST 370.3 FEET TO THE POINT OF BEGINNING; OR LESS,TO THE TRUE POINT OF BEGINNING. THENCE NORTH 73' 26'00'EAST 70 FEET; THENCE NORTH 63' 10'00'EAST 30.52 FEET TO THE POINT OF BEGINNING. EXCEPT RIGHT-OF-WAY FOR SAID DRAINAGE DITCH. PARCEL E: NORTHEASTNORTHEAST QUARTER 106TH,RAN E 44�EAST,WILLAMEFTEMERDIN, NKI OF THE THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHI 34, ORTH, DECLARATION RANGE 4 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, THIS LOT LINE ADJUSTMENT IS MADE WITH MY FREE WILL AND CONSENT AND IS THE GRAPHIC f ADAMS DONATION LAND CLAIM NO.43; DESCRIBED AS FOLLOWS: DEPICTION OF MY WISHES TO ADJUST THE PROPERTY ONES AS SHOWN HEREON. I DECLARE THAT I AU TH STREET(FORMERLY A COUNTY ROAD), 114 FEET; THE FEE SIMPLE OWNER OF THE LANDS SHOWN HEREON. BEGINNING; BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1,530.25 FEET 3 THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY NORTH OF MID 1,000.27 FEET EAST OF NE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; ,EC110N,TO A POINT THEREON WHICH IS 881.37 FEET WEST THENCE NORTH 0S 49'00'EAST 807.91 FEET,MORE OR LESS,TO THE NORTH LINE OF SAID SUBDMSION; ZELMAN RENTON, LLC. ?TER OF THE NORTHEAST QUARTER THEREOF; THENCE NORTH 89'24'30'WEST,ALONG SAID NORTH LINE,252.9 FEET,MORE OR LESS,TO A POINT BY ZELMAN INDUSTRIAL PARTNERS, INC. WHICH LIES 881.37 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST ITS MANAGING MEMBER OR LESS,TO THE TRUE POINT OF BEGINNING; QUARTER; THENCE SOUTH 0S 40'00'WEST 923.69 FEET TO NE CENTERLINE OF SAID SLOUGH; BY: THENCE,ALONG SAID CENTERLINE OF THE SLOUGH,NORTH 64'32' 10'EAST 184.71 FEET; ITS: THENCE NORTH 73' 26'00'EAST 70 FEET; THENCE NORTH 63' 10'00'EAST 30.52 FEET-TO THE POINT OF BEGINNING; TRTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, EXCEPT THE NORTH 330 FEET THEREOF;AND ACKNOWLEDGMENT '.WASHINGTON, DESCRIBED AS FOLLOWS; EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BROOK SLOUGH DRAINAGE DITCH NO. 1,WHICH IS NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, STATE OF CALIFORNIA i SS. RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON; COUNTY OF LOS ANGELES E NORTH UNE OF H.NELSON'S TRACT; EAST 628.47 FEET TO NE EAST LINE OF SAID H. THENCE NORTH 87 31'36'EAST 1,340.95 FEET; I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT IS THE THENCE SOUTH 01'47'23'WEST 330.03 FEET; PERSON WHO APPEARED BEFORE ME,AND SAID PERSON ACKNOWLEDGED THAT(S)HE SIGNED AST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE SOUTH 8T 36'36'WEST 260.0 FEET TO NE TRUE POINT OF BEGINNING OF THIS THIS INSTRUMENT, ON OATH STATED (S)HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT LATH 21'34'00'WEST 301.02 FEET; EXCEPTION; AND ACKNOWLEDGED IT AS THE OF ZELMAN RENTON, L.L.C. THENCE SOUTH BT 31'36'WEST 460.0 FEET TO BE THE D VOLUNTARY ACT OF SUCH PARTY FORTHE USES AND PURPOSES POINT OF BEGINNING; THENCE SOUTH 07 28'24-EAST 197.0 FEET: MENTIONS A e'ri:.TRUMENT. THENCE NORTH 87 31'36'EAST 460.0 FEET; DATED THIS SAY OF 1999E THENCE NORTH 02'28'24'WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION;AND TIN THE FOLLOWING DESCRIBED PROPERTY: NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA EXCEPT RIGHT-OF-WAY FOR SAID DRAINAGE DITCH. RESIDING AT EAST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, PRINTED NAME _ ,WASHINGTON; PARCEL K: COMMISSION EXPIRES THAT PORTION OF SECTION 36,TOWNSHIP 23 NORTH,RANGE 4 EAST,WILIAJAETTE MERIDIAN,IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: TRUE POINT OF BEGINNING OF THIS BEGINNING C DC AT A POINT WHICH4 IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY DECLARATION OF COVENANT ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644.78 FEET; THENCE SOUTH 84'34'00'EAST 649.70 FEET; THE OWNER OF THE LAND EMBRACED WITHIN THIS LOT UNE ADJUSTMENT,IN RETURN FOR THE BENEFIT TRUE POINT OF BEGINNING OF THIS THENCE SOUTH 04'37'00'WEST 170 FEET; TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON COVENANTS AND AGREES TO CONVEY THE THENCE NORTH 84'34'00'WEST 470 FEET; BENEFICIAL INTEREST IN THE NEW EASEMENT SHOWN ON THIS LOT LINE ADJUSTMENT TO ANY AND THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDMSIONS THEREOF. THIS COVENANT THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A POINT EAST OF THE POINT OF BEGINNING; SHALL RUN WITH THE LAND AS SHOWN ON THIS LOT LINE ADJUSTMENT. THENCE WEST 130.86 FEET TO THE POINT OF BEGINNING; 0 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 9, 1999 TO: Leslie Nishihira FROM: Sonja J. Fesser �� SUBJECT: Oakesdale Business Campus LLA#2, LUA-99-005-LLA Format and Legal Description Review Bob Mac 011ie and I have reviewed the above referenced lot line adjustment submittal. We will approve said lot line adjustment when provision is made on the drawing for a reference to the CC&Rs with a space for the recording number thereof. \\TS_SERVER\SYS2\COMMON\H:\FII.E.SYS%ND\30\0184\RV990406.DOC CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 29, 1999 TO: Leslie Nishihira FROM: Sonja J. Fesser SUBJECT: Oakesdale Business Campus LLA#2 Format and Legal Description Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments,for the Applicant: Note the City of Renton land use action number(LUA-99-005-LLA) and the city's land record number (LND-30-0184)on the drawing. The City of Renton addressing for the proposed lots is as follows: Parcel A—4001 Oakesdale Ave SW, Parcel B —4101 Oakesdale Ave SW, Parcel C—4051 Oakesdale Ave SW,Parcel D—4151 Oakesdale Ave SW and Parcel E— 1600 SW 43`d St. Note the date the existing monuments were visited,per WAC 332-130-050 1.f.iv. Note if the adjoining properties are platted(give plat name and lot number) or unplatted. Note to whom new easements, if any, are to be granted(private or City-held). Note that dthere are restrictive covenants, easements or agreements to others as part of this subdivision,they can be recorded concurrently with the lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the City Clerk's office as a package. The lot line adjustment shall have the first recording number. The recording number(s) for the associated document(s) should be referenced on the lot line adjustment drawing in the appropriate location(s). Note discrepancies between bearings and distances of record and those measured or calculated, if any. See the attachment for errors noted on Sheet 1 of 3. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. \\TS_SERVER\SYS2\COMMON\U:\SFESSER\OKSDLLLA.DOC City of ron Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fiala RP,1Iltw COMMENTS DUE: FEBRUARY 1, 1999 APPLICATION! NO: LUA-99-005,LLA DATE CIRCULATED: JANUARY 18, 1999 APPLICANT: Zelman Renton, LLC PROJECT MANAGER: Lesley Nishihira PROJECT TIT.E: Oakesdale Business Campus LLA#2 WORK ORDER NO: 78478 Cfry Or LOCATION: NWC of SW 43rd Street and Oakesdale Ave. SW, North of Spring brook Creek E OAj SITE AREA: ; 1.6 acres I BUILDING AREA(gross): N/A Lib '�'�N i tY U. '99Q SUMMARY OI' PROPOSAL: The applicant, Zelman Renton LLC, is proposing lot line adjustments betw2e, S adjacent parcels. The purpose cf the revision is to create five(5) lots with better lot design to accommodate future development. U L/krviViN 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 Resourc s Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY•RELATED COMMENTS C. CODE-RELATED COMMENTS p(sa,a.... i vi c,l tae an L L A or, . 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 add—onal information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date Document2 Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r`Vc Prevw`-hcrv1 COMMENTS DUE: FEBRUARY 1, 1999 APPLICATION NO: LUA-99-005,LLA DATE CIRCULATED: JANUARY 18, 1999 APPLICANT: Zelman Renton, LLC PROJECT MANAGER: LesleTira PROJECT TITLE: Oakesdale Business Campus LLA#2 WORK ORDER NO: 78478 'Ito 1 9 1Q° LOCATION: F IWC of SW 43rd Street and Oakesdale Ave. SW, North of Springbrook Creek SITE AREA: 31.6 acres I BUILDING AREA(gross): N/A .1-- i V r SUMMARY OF PROPOSAL: The applicant, Zelman Renton LLC, is proposing lot line adjustments between 10 adjacent parcels. The purpose cf the revision is to create five(5) lots with better lot design to accommodate future development. A. ENVIROiVMENTAL 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 l se Utilities Animals Transportation Environmental health Public Services Energy/ Historic/Cultural Natural Resourc+s Preservation Airport Environment 10,000 Feet Al14,000 Feet Ai B. POLICY-RELATED COMMENTS /UAr 4 C. CODE-Fi'ELATED COMMENTS AM 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 i ormation is needed to properly assess this proposal. 7 7/Y/9'7 Signature of D)fector or Authorized Repre ive Date Document2 / Rev 10/93 „-; CITY F RENTON Planning/Building/Public Works Depar tiuent Jesse Tan ter,Mayor Gregg Zimmerman P.E.,Administrator January 18, 1999 Mr. Dan Balmelli: Barghausen Engineers 18215 - 72nd Avenue South Kent, WA 98032 SUBJECT: Oakesale Business Campus Lot Line Adjustment#2 Project No. LUA-99-005,LLA Dear Mr. Balmelli: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at (425) 430-7270, if you have any questions. Sincerely, S2 / iR) Lesley Nishihira Project Manager ACCPTLTR.DOC 1055 South Grady Way - Renton, Washington 98055 • OPMENT:SE VICES:DIVISION. ••• •• """. •• •• •• • "•••"•••••••••••••••• VIAS'TE•R •A'PP-•ICAT•IO ``` PROPERTY OWNEI (S) PROJECT INFORMATION Note._,If there is more than one legal owner please attach an additional notarized Master App)dation;foi each owner PROJECT OR DEVELOPMENT NAME: NAME: Zelman Renton, LLC Oakesdale Business Campus Phase II )-Qi ',/A/E .�c�711ST/4a1//Cej/VS011047pN PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: 707 Wilshire Blvd, Suite 3036 NWC of SW 43rd St. & Oakesdale Ave. SW North of Springbrook Creek KING COUNTY ASSESSOR'S ACCOUNT NUMBEFI(S): CITY: Los Angeles ZIP: 90017 362304-9071, 9032, 9033, 9111 252304-9075 TELEPHONE NUMBER: (213) 533-8100 EXISTING LAND USE(S): Vacant APPLICANT cif other thin owner? PROPOSED LAND USES: NAME: Industrial Park COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Employment Area Valley (EAV) ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A C LEA CITY: ZIP: EXISTING ZONING: F��/rN A • • ✓4/r � To IM /y' TELEPHONE NUMBER: C 1v�v!?n PROPOSED ZONING (if applicable): /I J CONTACT PERSON •-e SITE AREA (SQ.FT. OR ACREAGE): NAME: Dan Balmelli 31.6± Acres COMPANY (if applicable): Barghausen Engineers PROJECT VALUE: 2,000,000 ADDRESS: 18215 72nd Avenue South IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? No CITY: Kent ZIP: 98032 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? TELEPHONE NUMBER: (425) 251-6222 There are existing wetlands on the site. LEGAL'DESCRIPTION OF PROPERTY (Attach<sel to sheet if necessary) See attached • • ? :,; TYPE OF APPLICATION & FEES Check al( application ;types that apply- City;staff will determine fees _ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ _REZONE $ X LOT LINE ADJUSTMENT $,l` 1 j1? _SPECIAL PERMIT $ _SHORT PLAT $ _TEMPORARY PERMIT $ TENTATIVE PLAT $ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ SITE PLAN APPROVAL $ FINAL PLAT $ _GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ VARIANCE $ (FROM SECTION: ) _ PRELIMINARY _WAIVER $ FINAL _WETLAND PERMIT $ _ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: SUBSTANTIAL DEVELOPMENT $ • CONDITIONAL USE $ _ VARIANCE $ EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ REVISION $ AFFIDAVIT OF OWNERSHIP': . I/iiz pr 6,i4.01c I, (Print Name) Pa(4 / T Case/ declare that I am(please check one)_the owner of the property involved in this application,X the authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. 2e/ip4.p terIten, LG C 11 try: Z'l�riI" li�u/us/v€ / / �Tile,s, z ATTEST: Subs i nd sworn to beforg me, otar Public,in and for the Sta residing atiN-4.2 (Name rf O r/RP.resentative) on - cZday aaa /1 NAKEISHA C.WILSO (Signature •°I��er/Rep��^;�'::r Notary Public-Colifomio g • I'A9 Los Angeles County •,f{?!,to • o 4lotary • ,blic) My Comm.Expires Apr 3,2000 ITh s sectton;to be completed by;Crty Staff 1 ........................................................ .:::::....... City Fite Number: /' A : AAD :BSP `CAP-S' CAP U CPA CU=A CU H t_C L MHP FPUD :'FP PP RI RVN(P SA=A SA H SHPL-A! SHPL H SP SM'! SME TOTAL FEES . $ � ,� TOTAL POSTAGE PROVIDEDi $ MASTERAP.DOC REVISED 8/97 THE ZELMAN COMPANIES 707 WILSHIRE BOULEVARD, SUITE 3036 • LOS ANGELES, CA 90017 •TELEPHONE (213) 533-8100 • FAX (213) 533-8118 January 12, 1999 VIA FAX NO. 425/277-4455 Ms. Jana Huerter City of Renton 200 Mill Avenue South Renton, Washington 98055 Re: Former Sternco Site Renton, Washington Dear Ms. Huerter: This letter shall authorize Paul T. Casey to execute the City of Renton Master Application on behalf of Zelman Renton, LLC. Sincerely, ZELMAN RENTON, LLC By: ZELMAN INDUSTRIAL PARTNERS, INC. By: 4/Z Brett M. Foy Vice President BR/am cc: Ben Reiling Paul T. Casey Dick Burr bmf/huerter renton 0205 ZELMAN DEVELOPMENT CO. ZELMAN INDUSTRIAL PARTNERS,INC. ZELMAN RETAIL PARTNERS,INC. A CALIFORNIA CORPORATION A CALIFORNIA CORPORATION A CALIFORNIA CORPORATION AGO TITLE INSURANCE COMPS Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST, 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. • PARCEL B: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1, 000 .27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24' 30" WEST, ALONG SAID NORTH LINE, 252.9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881 .37 FEET WEST OF THE NORTHEAST QUARTER OF OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923 .69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64°32' 10" EAST 184 .71 FEET; THENCE NORTH 73°26' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30.52 FEET TO THE POINT OF BEGINNING. PARCEL C: SEE NEXT PAGE CI IICAGO TITLE INSURANCE COMPANY A [CAGO TITLE INSURANCE COMPi Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 1,000.27 FEET EAST AND 530.25 FEET NORTH LINE OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE, ALONG THE SAID NORTH LINE, SOUTH 89°24' 30" EAST 628.47 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE, ALONG SAID EAST LINE, SOUTH 00°13'30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00" WEST 301.02 FEET; THENCE SOUTH 56°44' 30" WEST 246 .38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF. PARCEL E: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP/ Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1,000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; . THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24' 30" WEST, ALONG SAID NORTH LINE, 252.9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881.37 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923 .69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64°32' 10" EAST 184 .71 FEET; THENCE NORTH 73°26' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30.52 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28' 24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.0 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL F: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, WHICH IS 1, 000.27 FEET EAST AND 530.25 FEET NORTH OF THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET TO THE NORTH LINE OF H. NELSON' S TRACT; THENCE, ALONG SAID NORTH LINE, SOUTH 89°24' 30" EAST 628 .47 FEET TO THE EAST LINE OF SAID H. NELSON'S TRACT; THENCE, ALONG SAID EAST LINE, SOUTH 00°13' 30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00"WEST 301 .02 FEET; CHICAGO TITLE INSURANCE COMPANY ' [CAGO TITLE INSURANCE COMP. Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE SOUTH 56°44' 30" WEST 246.38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31'36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31'36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.0 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL G: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1, 340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28' 24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.00 FEET; THENCE NORTH 02°28'24" WEST 197 .0 FEET TO THE TRUE POINT OF BEGINNING. PARCEL K: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CHICAGO 1[11LE INSURANCE COMPANY CAGO TITLE INSURANCE COMP, Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; -, THENCE SOUTH 04°37' 00" WEST 170 FEET; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 130.86 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH NO. 1; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL M: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644..78 FEET; THENCE SOUTH 84934' 00" EAST 649.70 FEET; THENCE SOUTH 04°37' 00" WEST 170 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE NORTHEASTERLY, ALONG SAID DRAINAGE DITCH CENTERLINE, TO A POINT WHICH BEARS SOUTH 04°37' 00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 04°37' 00" EAST 23 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL 0: THE SOUTH 15 FEET OF THE WEST 1, 341 .56 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 15 FEET OF THE EAST 196 .64 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON. CHICAGO TITLE INSURANCE COMPANY 411 PROJECT NARRATIVE OAKESDALE BUSINESS CAMPUS PHASE II BOUNDARY LINE ADJUSTMENT OUR JOB NO. 5911 The project site currently contains ten existing parcels totaling approximately 31.6 acres and is located at the northwest corner of Oakesdale Avenue S.W. and S.W. 43rd Street, north of Springbrook Creek. The intent of the proposed boundary line adjustment is to provide five separate lots configured different than the existing lots to better accommodate future development of the site based on the zoning of the property. As part of the boundary line adjustment,a separate drainage easement will be created to provide stormwater detention and water quality treatment to serve all five of the adjusted lots once they are developed. A separate storm and utility easement and private access easements will be recorded in the near future for the utilities and access to the lots. In addition, a separate set of CC&R documents will be prepared and recorded as part of the project, identifying common parking and access areas and outlining the maintenance responsibilities for each of the lots. -10PMENT PlA'. ' :`' , CITY OF RENTOy JAN 1 1999 RECEIVED 5911.019[BD\bd] lb 11111 a &HA V� j CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES January 14, 1999 o - , Za sG`,,O ENG%$' . I Peter Rosen City of Renton 1 Development Services 1055 South Grady Way 1 Renton, WA 98055 RE: Application for Lot Line Adjustment for Oakesdale Business Campus Phase II Our Job No. 5911 Dear Peter: Enclosed within this submittal are the required plans and documents for the Lot Line Adjustment review for the proposed Oakesdale Business Campus Phase II project located on the northwest corner of Oaksdale Avenue S.W. and S.W. 43rd Street, north of Springbrook Creek. Building and construction plans for this phase are currently under review with the City. Enclosed for your review and use are the following plans and documents: 1. Five copies of the completed Master Application. 2. Five copies of the Lot Line Adjustment Map and Lot Closure Calculations. 3. Five copies of the current Title Report. 4. Five copies of the Vicinity Map. 5. Five copies of the Project Narrative. 6. One check in the amount of$450 for the Lot Line Review fee. Please proceed to initiate the review of the Lot Line Adjustment for this project. If you have any questions or need additional information,please feel free to contact me at this office. Thank you for your assistance. Sincerely, L. -". `LOP}VIENT Pi 6;4, C1TY UE kENTG�J Betsy,,,eiztim Executive Assistant J/4i 1y 1 any I JV BSD/bd [5911C.009] enc: As Noted RECEIVED cc: Paul Casey, Zelman Company (w/enc) Sandy Kopelow, Zelman Company (w/enc) Dan Balmelli, Barghausen Consulting Engineers, Inc. Bill Glassey, Barghausen Consulting Engineers, Inc. 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX :AGO TITLE INSURANCE COMP 1800 COLUMBIA CENTER, 701 5TH AVE SEATTLE, WA 98104 Order No.: 537467 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Nat In the matter of the short plat submitted for your approval,this Company has examined the records of the County Auditor and County Clerk of KING County,Washington,and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY • EXCEPTIONS: SEE SCHEDULE B ATTACHED -L_OPMENTPL-�'�. CITY OF RENTO1� JAR 14 1.e9 CHARGE: $200.00 RECEIVED /cD TAX: $ 17.2 0 G, Records .xamined to December 30, 1998 at 8:00 A.M. CHICAGO TITLE INSURANCE COMPANY By MIKE HARRIS/KEITH EISENBREY Title Officer (206) 628-5623 SH PIATA/12-5-90/EK :AGO TITLE INSURANCE COMP/ Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE • NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST, 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. • PARCEL B: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1, 000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807 .91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24' 30" WEST, ALONG SAID NORTH LINE, 252 .9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881.37 FEET WEST OF THE NORTHEAST QUARTER OF OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923 .69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64°32' 10" EAST 184 .71 FEET; THENCE NORTH 73°26' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30.52 FEET TO THE POINT OF BEGINNING. PARCEL C: SEE NEXT PAGE CHICAGO TITLE INSURANCE COMPANY CAGO TITLE INSURANCE COMFY Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) • LEGAL DESCRIPTION THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 1, 000.27 FEET EAST AND 530.25 FEET NORTH LINE OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE, ALONG THE SAID NORTH LINE, SOUTH 89°24' 30" EAST 628 .47 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE, ALONG SAID EAST LINE, SOUTH 00°13' 30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00" WEST 301.02 FEET; THENCE SOUTH 56°44' 30" WEST 246.38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881 .37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF. PARCEL E: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP/ Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1, 000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24'30" WEST, ALONG SAID NORTH LINE, 252.9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881.37 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923 .69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64°32' 10" EAST 184 .71 FEET; THENCE NORTH 73°26' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30.52 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.0 FEET; THENCE NORTH 02°28' 24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL F: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, WHICH IS 1, 000.27 FEET EAST AND 530.25 FEET NORTH OF THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807 .91 FEET TO THE NORTH LINE OF H. NELSON'S TRACT; THENCE, ALONG SAID NORTH LINE, SOUTH 89°24' 30" EAST 628 .47 FEET TO THE EAST LINE OF SAID H. NELSON' S TRACT; THENCE, ALONG SAID EAST LINE, SOUTH 00°13' 30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00"WEST 301 .02 FEET; CHICAGO TITLE INSURANCE COMPANY ICAGO TITLE INSURANCE COMP. Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE SOUTH 56°44' 30" WEST 246 .38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.0 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL G: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1, 340 .95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28' 24" EAST 197.0 FEET; THENCE NORTH 87°31' 36" EAST 460.00 FEET; THENCE NORTH 02°28'24" WEST 197.0 FEET TO THE TRUE POINT OF BEGINNING. PARCEL K: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CHIC (i0 TITLE INSURANCE_COMPANY [CAGO TITLE INSURANCE COMP, Policy No.: 537467 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; • THENCE SOUTH 04°37' 00" WEST 170 FEET; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 130.86 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH NO. 1; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL M: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; THENCE SOUTH 04°37' 00" WEST 170 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE NORTHEASTERLY, ALONG SAID DRAINAGE DITCH CENTERLINE, TO A POINT WHICH BEARS SOUTH 04°37' 00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 04°37' 00" EAST 23 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL 0: THE SOUTH 15 FEET OF THE WEST 1, 341 .56 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 15 FEET OF THE EAST 196 .64 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON. CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to lien,for contributions to employee benefit funds,or for state workers'compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies,if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights,claims,or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPIATB/031f94/soc CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMPi Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: PUBLIC UTILITIES` (INCLUDING WATER AND SEWER) , WITH NECESSARY APPURTENANCES AREA AFFECTED: A 15 FOOT WIDE STRIP OF LAND AND A 25 FOOT STRIP OF LAND OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS B, E AND G; AND OTHER PROPERTY RECORDED: APRIL 25, 1974 RECORDING NUMBER: 7404250404 s 2 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS D, E, F AND K; AND OTHER PROPERTY RECORDED: JUNE 17, 1974 RECORDING NUMBER: 7406170474 c 3 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON A NORTHWESTERLY PORTION OF PARCEL K RECORDED: JULY 19, 1974 RECORDING NUMBER: 7407190570 4 . THE RIGHT OF THE TRACK OWNER TO THE SPUR TRACKS AND REMOVAL OF SAME, WHICH ARE LOCATED ON SAID PREMISES. s 5 . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: CHICAGO TITLE INSURANCE COMPANI AGO TITLE INSURANCE COMPA. Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS FROM: GLACIER PARK COMPANY, A MINNESOTA CORPORATION RECORDED: AUGUST 24, 1966 ' RECORDING NUMBER: 6073134 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS FOREVER, ALL IRON, NATURAL GAS, COAL, OIL AND ALL MINERALS OF ANY NATURE WHATSOEVER UPON OR IN THE LANDS ABOVE DESCRIBED, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF THE SAME BY ANY MEANS OR METHODS SUITABLE TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT ENTERING UPON OR USING THE SURFACE OF SAID LANDS OR TO INTERFERE WITH THE USE THEREOF BY THE GRANTEES, THEIR HEIRS AND ASSIGNS. s AFFECTS: PARCELS A AND D • c 6 . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY RECORDED: SEPTEMBER 8, 1978 RECORDING NUMBER: 7809080987 AS FOLLOWS: SAVING AND RESERVING, HOWEVER, UNTO SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OF THE COAL, OIL, GAS, CASINGHEAD GAS AND ALL ORES AND MINERALS OF EVERY KIND AND NATURE UNDERLYING THE SURFACE OF THE PREMISES HEREIN CONVEYED, TOGETHER WITH THE FULL RIGHT, PRIVILEGE AND LICENSE AT ANY AND ALL TIMES TO EXPLORE, OR DRILL FOR AND TO PROTECT, CONSERVE, MINE, TAKE, REMOVE AND MARKET ANY AND ALL SUCH PRODUCTS IN ANY MANNER WHICH WILL NOT DAMAGE STRUCTURES NOR DISTURB THE SURFACE NOR INTERFERE WITH THE USE OF THE PREMISES HEREIN CONVEYED. AFFECTS: PARCEL 0 r 7 . COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: DECEMBER 31, 1997 RECORDING NUMBER: 9712312199 SI I1'IAI 113/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMPA. Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AFFECTS: SAID PREMISES EXCEPT PARCEL 0. • 8 . COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: SEPTEMBER 15, 1998 RECORDING NUMBER: 9809150394 L AFFECTS: PARCEL 0. rt 9. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE 81-2-08117-7. a AFFECTS: PARCEL K o 10. ANY QUESTIONS RELATING TO THE TRUE LOCATION OF THE DRAINAGE DITCH AS IT PRESENTLY EXISTS IN RELATION TO THE RIGHT OF WAY BOUNDARIES ESTABLISHED BY DECREE ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 32912. p 11. TERMS AND CONDITIONS OF CONSENT DECREE AND AMENDMENTS THERETO FILED IN KING COUNTY UNDER SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 REGARDING CLEANUP OF CONTAMINATION. AP AFFECTS: INCLUDES OTHER PROPERTY ✓ AN INSTRUMENT REGARDING COMPLIANCE WITH THE CONSENT DECREE AS TO SAID OTHER PROPERTY WAS RECORDED UNDER RECORDING NUMBER 9809282079. Q 12 . THE EFFECT OF ANY VIOLATION OF LAWS, ORDINANCES OR REGULATIONS RELATING TO ENVIRONMNETAL PROTECTION AS DISCLOSED BY INFORMATION CONTAINED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 AND/OR OTHER COURT FILES RELATED THERETO. x 13 . PENDING ACTION IN KING COUNTY SUPERIOR COURT: CAUSE NUMBER: 97-2-17988-2 FILED: JULY 18, 1997 BEING AN ACTION FOR: ENTER CONSENT DECREEE PLAINTIFF: STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY DEFENDANT: ZELMAN RENTON L.L.C. ATTORNEY FOR THE PLAINTIFF: MARK C. JOBSON SI II'IAT li3/12-12-90,EK CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP) Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS s AFFECTS: INCLUDES OTHER PROPERTY ✓ 14 . GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 362304-9071-02 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1,416,600.00 ASSESSED VALUE-IMPROVEMENTS: $ 1, 000.00 GENERAL & SPECIAL TAXES: BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 1998 IN THE SUM OF $ 19, 117.79 HAVE BEEN PAID. • AFFECTS: PARCELS A AND D. ✓ 15. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 362304-9032-00 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 647, 100.00 ASSESSED VALUE-IMPROVEMENTS: $ 6, 100.00 GENERAL & SPECIAL TAXES: BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 1998 IN THE SUM OF $ 9,751.77 HAVE BEEN PAID. AFFECTS: PARCELS B AND E, AND A PORTION OF PARCEL G. w 16 . GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 362304-9033-09 SIIPIATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP, Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1,296,200.00 ASSESSED VALUE-IMPROVEMENTS: $ 42,400.00 GENERAL & SPECIAL TAXES: BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 1998 IN THE SUM OF $ 17,708.16 HAVE BEEN PAID. AFFECTS: REMAINDER OF PARCEL G AND ALL OF PARCELS C AND F. x 17. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 362304-9111-04 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 978, 000.00 ASSESSED VALUE-IMPROVEMENTS: $ 1, 000.00 GENERAL & SPECIAL TAXES: BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 1998 IN THE SUM OF $ 12, 947.40 HAVE BEEN PAID. AFFECTS: PARCELS K AND M. r 18 . GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1998 TAX ACCOUNT NUMBER: 252304-9075-01 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1, 000.00 ASSESSED VALUE-IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 29.82 PAID: $ 0.00 UNPAID: $ 29 .82 SIIPIATB3/12-I2- 0/1 K CI IICAGO TITLE INSURANCE COMPANl AGO TITLE INSURANCE COMPJ. Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AFFECTS: PARCEL O. z 19. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 252304-9075-01 LEVY CODE: 2110 ASSESSED VALUE-LAND: $ 1, 000.00 ASSESSED VALUE-IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE AFFECTS: PARCEL O. AA 20. MATTERS DISCLOSED BY A SURVEY OF THE PREMISES BY BARGHAUSEN CONSULTING ENGINEERS, INC. , DATED OCTOBER 22, 1996, JOB NO. 5911: A. CHAIN LINK FENCE ALONG NORTH LINE OF SAID PREMISES MEANDERS ALONG EITHER SIDE OF LINE BY APPROXIMATELY 1 FOOT. B. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF (4) 72" CULVERTS LOCATED ALONG THE EAST LINE OF SAID PREMISES. C. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF A RAILROAD BUILDING LOCATED AT THE EAST END OF PARCEL O. AB 21. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY AC 22 . THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. AG NOTE 1 : A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 9809049001, A COPY OF WHICH IS HERETO ATTACHED. as AFFECTS: THE SOUTHERLY LINE OF SAID PREMISES AND ADJOINING PROPERTY. SHPIATE53 12-12-90/EK CI IICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP. Order No.: 537467 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AD NOTE 2: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF R.C.W. 65.04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36-23-4; AND PORTIONS OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25-23-4. AS OF DECEMBER 30, 1998, THE TAX ACCOUNTS FOR SAID PREMISES ARE 362304-9071-02, ' 362304-9032-00, 362304-9033-09, 362304-9111-04, AND 252304-9075-01. END OF SCHEDULE B SI IPIATR3/12-12-90/EK CIIICAGO TITLE INSURANCE COMPANY 0 CHICAGO TITLE INSURANCE COMPANY 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 , IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. 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Zelman LLA Phase 2 Renton WA BCE# 5911 Lot Closures January 8, 1999 ` CITY OF RENfuoi 30 1 4 RECEIVED Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251-6222 TPC Professional (tm) Date:1-8-1999 Time:9:24 File:C:\WORK\5911.TRV Page 1 Survey: ZELMAN RENTON BLA Traverse: PHASE 2 BOUNDARY DF=1.000000000 Pt Typ Brng HDist Desc 1000 PROP COR (BASED ON E N1011' 17"E 625.96 1058 PROP COR (BASED ON E N2006'41"E 680.71 1061 PROP COR (BASED ON E S89007'06"E 37.00 815 ANG PT PROP COR 12- N1013 '33"E 15.00 816 ANG PT PROP COR 12- 589007'06"E 196.64 817 ANG PT PROP COR 12- 587030'52"E 1341.10 818 ANG PT PROP COR 12- S1048 '07"W 387.62 1029 PROP COR (BASED ON E S59005'04"W 47.77 1028 PROP COR (BASED ON E S17053 '35"W 30.54 1027 PROP COR (BASED ON E S40023 '35"W 98.52 1026 PROP COR (BASED ON E S26008'35"W 96.77 1025 PROP COR (BASED ON E S58008'35"W 92.65 1024 PROP COR (BASED ON E S67e23'35"W 97.29 1023 PROP COR (BASED ON E S73m38 '35"W 97.77 1022 PROP COR (BASED ON E S80e08 '35"W 99.91 1021 PROP COR (BASED ON E 574008 '35"W 99.25 1020 PROP COR (BASED ON E S84023 ' 35"W 100 .35 1019 PROP COR (BASED ON E 572008 '35"W 103 . 02 1018 PROP COR (BASED ON E S67008' 35"W 101. 18 1017 PROP COR (BASED ON E S65023 '35"W 98 . 86 1016 PROP COR (BASED ON E S73e38 '35"W 99.78 1015 PROP COR (BASED ON E S66038 '35"W 102 .71 1014 PROP COR (BASED ON E S58008 ' 35"W 103 . 10 1013 PROP COR (BASED ON E S48053 '35"W 103 .02 1012 PROP COR (BASED ON E S40053 '35"W 103 . 06 TPC Professional(tm) Date:1-8-1999 Time:9:24 File:C:\WORK\5911.TRV Page 2 Pt Typ Brng HDist Desc S40053'35"W 1d3.06 1011 PROP COR (BASED ON E S31m23 '35"W 103.41 1010 PROP COR (BASED ON E S21023 '36"W 19.05 1001 PROP COR (BASED ON E S89015'40"W 122.01 1000 PROP COR (BASED ON E TPC Professional (tm) File:C:\WORK\5911.TRV Date: 1-8-1999 Time: 9:24 Traverse PHASE 2 BOUNDARY ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 : 0 (0.00) Closed Loop Angular HDist: 5204.06 Feet Linear 0.00 Feet SDist: 5204.06 Feet *Y 0.00 Feet Pts: 29 *X 0.00 Feet Area: 1377862.00 SqFt *Z 0.00 Feet 31.631 ACRES *Brng N0000'00"E TRAVERSE ADJUSTMENTS: X Z From 1000 164156.9253 1292478.6950 0.00 To 1000 164156.9253 1292478.6950 0.00 Correct 1000 164156.9253 1292478.6950 0.00 TPC Professional(tm) Date:1-8999 Time:9:25 File:C:\WORK\5911.TRV Page 1 Survey: ZELMAN RENTON BLA Traverse: ADJUSTED PARCEL A DF=1.000000000 Pt Typ Brng HDist Desc S87e30'52"E 819 LLA COR S87e30'52"E 903 .60 818 ANG PT PROP COR 12- S1048'07"W 369.84 823 LLA COR N87044'40"W 906.52 822 LLA COR N2e15'20"E 373.45 819 LLA COR TPC Professional(tm) File:C:\WORK\5911.TRV Date: 1-8-1999 Time: 9:25 Traverse ADJUSTED PARCEL A ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 : 0 (0.00) Closed Loop Angular HDist: 2553 .41 Feet Linear 0.00 Feet SDist: 2553.41 Feet *Y 0.00 Feet Pts: 5 *X 0.00 Feet Area: 336350.05 SqFt *Z 0.00 Feet 7.722 ACRES *Brng N0e00'00"E TRAVERSE ADJUSTMENTS: Y X Z From 819 165455.4276 1293187.7762 0.00 To 819 165455.4276 1293187.7762 0.00 Correct 819 165455.4276 1293187 .7762 0.00 TPC Professional (tm) Date:1-8-.p99 Time:9:26 File:C:\WORK\5911.TRV Page 1 Survey: ZELMAN RENTON BLA Traverse: ADJUSTED PARCEL B DF=1.000000000 Pt Typ Brng HDist Desc 823 LLA COR S1048 '07"W 17.78 1029 PROP COR (BASED ON E S59005 '04"W 47.77 1028 PROP COR (BASED ON E S17053 '35"W 30.54 1027 PROP COR (BASED ON E 540023 '35"W 98.52 1026 PROP COR (BASED ON E S26008'35"W 96.77 1025 PROP COR (BASED ON E 558008'35"W 92.65 1024 PROP COR (BASED ON E S67e23 '35"W 97.29 1023 PROP COR (BASED ON E S73038 '35"W 97.77 1022 PROP COR (BASED ON E S80008'35"W 99.91 1021 PROP COR (BASED ON E S74008'35"W 99.25 1020 PROP COR (BASED ON E S84023 '35"W 100.35 1019 PROP COR (BASED ON E S72008'35"W 103.02 1018 PROP COR (BASED ON E S67008'35"W 101.18 1017 PROP COR (BASED ON E S65e23 '35"W 23 .53 820 LLA COR N2015'20"E 517.91 822 LLA COR S87044 '40"E 906.52 823 LLA COR TPC Professional (tm) File:C:\WORK\5911.TRV Date: 1-8-1999 Time: 9:26 Traverse ADJUSTED PARCEL B ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 : 0 (0.00) Closed Loop Angular HDist: 2530.77 Feet Linear 0.00 Feet SDist: 2530.77 Feet *Y 0.00 Feet Pts: 17 *X 0.00 Feet Area: 310924.43 SqFt *Z 0.00 Feet 7.138 ACRES *Brng N0000'00"E TRAVERSE ADJUSTMENTS: Y X Z From 823 165046.5894 1294078.8980 0.00 To 823 165046.5894 1294078.8980 0.00 Correct 823 165046.5894 1294078.8980 0.00 TPC Professional (tm) Date:1-8-4.999 Time:9:27 Fi1e:C:\WORK\5911.TRV Page 1 Survey: ZELMAN RENTON BLA Traverse: ADJUSTED PARCEL C DF=1.000000000 Pt Typ Brng HDist Desc 1061 PROP COR (BASED ON E S89m07 '06"E 37.00 815 ANG PT PROP COR 12- N1m13 '33"E 15.00 816 ANG PT PROP COR 12- S891:307 '06"E 196.64 817 ANG PT PROP COR 12- S87030'52"E 437.50 819 LLA COR S2015'20"W 373.45 822 LLA COR N87044 '40"W 669.91 821 LLA COR N2006'41"E 354.61 1061 PROP COR (BASED ON E TPC Professional (tm) File:C:\WORK\5911.TRV Date: 1-8-1999 Time: 9:27 Traverse ADJUSTED PARCEL C ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 : 0 (0.00) Closed Loop Angular HDist: 2084.11 Feet Linear 0.00 Feet SDist: 2084.11 Feet *Y 0.00 Feet Pts: 8 *X 0.00 Feet Area: 249941.02 SqFt *Z 0.00 Feet 5.738 ACRES *Brng N0000'00"E TRAVERSE ADJUSTMENTS: Y X Z From 1061 165462.9986 1292516.7512 0.00 To 1061 165462.9986 1292516.7512 0.00 Correct 1061 165462 .9986 1292516 .7512 0 .00 TPC Professional (tm) Date:1-8-..999 Time:9:48 File:C:\WORK\5911.TRV Page 1 Survey: ZELMAN RENTON BLA Traverse: ADJUSTED PARCEL D DF=1.000000000 Pt Typ Brng HDist Desc 821 LLA COR . S87044 '40"E 669.91 822 LLA COR S2o15'20"W 341.31 824 LLA COR N87o44'40"W 668.81 825 LLA COR Nloll' 16"E 15.21 1058 PROP COR (BASED ON E N2006'41"E 326.10 821 LLA COR TPC Professional (tm) File:C:\WORK\5911.TRV Date: 1-8-1999 Time: 9:49 Traverse ADJUSTED PARCEL D ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 : 0 (0.00) Closed Loop Angular HDist: 2021.34 Feet Linear 0.00 Feet SDist: 2021.34 Feet *Y 0.00 Feet Pts: 6 *X 0.00 Feet Area: 228499.69 SqFt *Z 0.00 Feet 5.246 ACRES *Brng N0000'00"E TRAVERSE ADJUSTMENTS: Y X Z From 821 165108.6326 1292503 .6871 0.00 To 821 165108.6326 1292503 .6871 0.00 Correct 821 165108 .6326 1292503 .6871 0 .00 TPC Professional (tm) Date:1-8-.1.999 Time:9:49 File:C:\WORK\5911.TRV Page 1 Survey: ZELMAN RENTON BLA Traverse: ADJUSTED PARCEL E DF=1.000000000 Pt Typ Brng HDist Desc 1000 PROP COR (BASED ON E -. N1011' 17"E 610.75 825 LLA COR S87044 '40"E 668.81 824 LLA COR S2e15'20"W 176.60 820 LLA COR S65e23 '35"W 75.33 1016 PROP COR (BASED ON E S73038 '35"W 99.78 1015 PROP COR (BASED ON E S66038 '35"W 102 .71 1014 PROP COR (BASED ON E 558008'35"W 103.10 1013 PROP COR (BASED ON E S48053 '35"W 103 .02 1012 PROP COR (BASED ON E 540053 '35"W 103.06 1011 PROP COR (BASED ON E S31023 '35"W 103.41 1010 PROP COR (BASED ON E S21023 '36"W 19.05 1001 PROP COR (BASED ON E S89015'40"W 122.01 1000 PROP COR (BASED ON E TPC Professional (tm) File:C:\WORK\5911.TRV Date: 1-8-1999 Time: 9:49 Traverse ADJUSTED PARCEL E ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 : 0 (0.00) Closed Loop Angular HDist: 2287 .63 Feet Linear 0.00 Feet SDist: 2287.63 Feet *Y 0.00 Feet Pts: 13 *X 0.00 Feet Area: 252146.72 SqFt *Z 0.00 Feet 5.788 ACRES *Brng N0000'00"E TRAVERSE ADJUSTMENTS: Y X Z From 1000 164156.9253 1292478.6950 0.00 To 1000 164156. 9253 1292478.6950 0.00 Correct 1000 164156.9253 1292478 .6950 0.00 **************************************************************** City of Renton WA Reprinted: 01/14/99 15 : 37 Receipt **************************************************************** Receipt Number: R9900222 Amount: 450 . 00 01/14/99 15 : 37 Payment Method: CHECK Notation: 33198-BARGHAUSEN Init: CRP Project #: LUA99-005 Type: LUA Land Use Actions Parcel No: 362304-9071 Site Address : 1600 SW 43RD ST Total Fees: 450 . 00 This Payment 450 . 00 Total ALL Pmts : 450 . 00 Balance: . 00 **************************************************************** Account Code Description Amount 000 .345 . 81. 00 . 0012 Lot Line Adjustment 450 . 00