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Home My WebLink About3b - All Recorded Documents (Title Exceptions)" I j , • • • i, RECPRDINO REQUESTED BY AND WHENJlliCORDED MAIL TIllS-DEED AND ALL tAXSTA'FEMENTS TO: Eastg~e Theatre, Inc:' " ' ,.' . J;io ACt III Theatres' .' '919 S.W. Taylor, SUite,9'OO',' PoTuand, ~OJ;l: 9n;OS Attentiole Mr. Walt,AmI)ll " " ,,' . '''", i /' \' (Above Space for Recorder's Use Only) ."" , ~ --~ -'f -"' - ~ ~ •• -~ -8 ~ ~ ~ .-% ~ 8 ~ % -< " -~ -" ~ ~ "' ~ ~ - HCWA REALTY CORP:, a Wasb:in~n co~ration.{'''Gtimt~''), for and in consideration ofTen g Dollars (51O.0()), in hand paid, grants, bargains,'sells, ~onvCys, ~d cotIl'irtns to EASTOATE THEA~, INC.. an Oregon corpofation,("Grantee"), the following described reaI'estate, si~ted in the'County Of King, state' ~ , , Washington, .'" , ,," ' " ,,' " '" " See Exhibit "A" attached hereto and made a part hereof ("flopettY',:)" , , SUBJECT, however, to (i) the exceptions to title set f~rth ~ Exhibit' ~B" attai~ed h~reto and made'a part' hereof, and, (ii) that certain Declaration of Covenants, Conditio~ and.~ctionil and Grant of &\,sementS and Quitclaim of Certain Parking Easements by and between Grantor ani( Grantee recOrded of even dljte herewith; including ''1ithout lilnitation the reservation of easements and the quitclaim of easements set forth in the peclaration. ' , "". "G~to;r '~art3nts t~ ornD.rec' that the Property is free from encumbrances or exceptions to title created or suffered by Gran~r exc~pt.those shown on Exhibit "B" attached. The Grantor for itself and for ils successors in interest does by the,gi! preseJ.)tS "e:icpres'sIY limit the covenants of this deed to the covenants herein expressed, and excludes all cq,vCruritts <ij'ising Or" to' ariSe bY statutory or other implication, and does hereby covenant that against aU' persons whoro'soever laWfully claiming or to claim by, through or under said Grantor and not otherwise, Grantor will forever wartant ,and defend the said deScribed real estate. Dated:t1bWCl(!1 % , 1996 , , '" . FILED FOR Rt-:CORD AT REQUEST OF Tf{fu"-;"'SM'lh"'RlCA TITLE Il~SURANCE CO. ::120 lO8TH AVE. NE P. O. BOX 1493 BELl.I':VU£' \VA 98009 , .. Ei469034 02/09/96 "" ' 91413 _ 40 4573796 _ 00, ~/ , .. '" , , i " . . , ,,~ -~J ,-Ii "" '-" " , ,', , '-.,< ·c· , " , , --:;. , --t, ",,-I .}J '5: , " , -,,- " , .';~-- , COMMONWEALTH OF MASSACHUSETTS ) ) COUNTY OF MIDDLESEX ) " ' , and for said state, , , COMMONwEAL'rn OF MASSACHUSETTS ) ) COUNTY OF M:IDDLESEX ______ -') " ,,- !. J • , . \ -"" , , ' -'" " ,,"" , """ ' " "" . --" L«A'~' -.e,<£i"ie ,~;Notary Public in and for said , personally knGwn tQ: (or proved to me on ,the basis of'satisfaCtot'y to the within instrument and aciglowledged t9'~ thathiJshe in hislher authorized capacity, and that by hisJher signature on the inijTUmc:nt,'~' person, o~ the entity uponbehalf of which the person acted, executed the instrument. ""-- WITNESS mr ha:D.d an4 qffici~ seal. , , '" - Notary Public in'· and for said Stat LAURIE E. RILEY, Notary Public My Cnmmlss\on Expires December 30, 1999." , '" - " , "" ",," " , -"" , 2 9531802KOCl!l\lliOfW8870-329fO 1_24_96/cef , 1 l , ~ -~ -;,' , , " • " ",,- LEGAL DESCRIPTION OF PROPERTY ... , '101' 3 OF BURLINGTON NORTHERN BINDING SITE PLAN (BSNH4-92), PER MAP RECORDED IN , VOLu:ME'161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NO. 9206302696, REC.ORDS':OF KING 'COUNTY, WASHINGTON, ,,," ' ,,:', EX'Cmrr TIV\TPOR,TION OF LqFj, OF sAm BINDING SITE PLAN, LYING NORTH OF A LINE, 'DESCRIBED AS FOLLQWS: '-""" BEGINNfl.m 'AT A EOlNr ON TIm EASTEIli. Y LINE·OF 'LOT 3 THAT IS 23.80 FEET SOUTH OF THE NORTHEAST GORNER OF LOT 3 OF sAm BINDING SITE PLAN; THENCE NORTH 88'09'51" WEST A DISTANCE OF 87~,5Z,FEETiMOIffi ORLESS TO A-POINT ONTRE WESTERLY LINE OF SAID LOT 3 AND THE TERMINlJS OF rmS J)ESCRll' I ION, SAID. POINT OF TERMINUS BEING 80.88 FEET SOUTH OF 11fE ORIGINAL NORrHwEST CORNER OF 'LOT 3; _"" , ALSO KNOWN AS (NEW) LOT 3 OF Lot LINE ADnJS~NT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006; .. SITUATED INTIIE CITY OF RENTON, COUNTY OF KING, STATE:OF WASHINGTON. , , , , ,,"" , """ ' , ""." " ,,-" "" . --" , ",. ' . ". , , .. ""., , , '" . , , '" . . .. " "." ... ".' .' ."" , "" ' " ". EXHIBIT" AU 9531802K.OC l1ME0IW8870-329/0 1-24-96h:ef ,"."" ' , , -: , , . , , EXJllBIT "B" to Special Warranty Deed ... I ". Lien for general and special taxes and conservation service charges, not yet ,,"'du~ and payable 'as per"t,he following tax account number: 125360-0030-03. , " 2', ,_ -Condel11l';l.atib~ "~i:access to State Highway NO.5 (East Valley Highway), and' of light, 'view arid air by' dl;:bree to·the StaJIf, of Washington entered March 20, 1992 as King County Supedor Court'Cause'No. 57990Y" ; ,," ,."',' '·3-Eisements;"j-~st~ictions, building set-back lines, slope rights, notes, recitals and dedications, 'as,disClosed by.a recorded binding site plan of Burlington Northern, recorded under Recording No. 9206302696. -"" , 4, Lands'cape,,~nd utilitY ea~eme'nts set'forth oll·thetace of City of Renton Lot Line Adjustment No. LLA-016-SS, recorded tinder King,County Re'cdrding No. 8602139001, " " ,', 5. Release ofacces~'to,S,W. 41st Str~e't'by::deoo to ,the ,State of Washington recorded May 8, 1980 under Recording No, 8Q0508058, 1. '" , 6. Reservations imposed by i'tistrurri~nts rec6rqed'u~der:Recbrding N~s. 4547626 thn,>t1gh 4547632, reserving to grantor the right't,o reta1rl50%,of any and,all royalties which,. may be denved from all of oil produced on or from sai:d ptopefty. ,'" 7. R~,$.trictive covenants imposed by instrument'ree,cirded on May 4, 1981, urider Recording No. ,gi05040070. , , .0' .8 .• RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS ANDRESTRlCTlONSAND THE TERMS ANO CONDITIONS THEREOF BETWEEN,;; AND: , '" . DATED: RECORDED: . RECORDING N() REGARDING " ".' ... Powell Development Company HCWA Realty Corp" a Washington Corporation ,,'June 30",1992 June :l0, 1992 " .' 9206302702 :Reciproc'al .. easements and covenants, conditions:'and restrictions 9. EASEMENT AND THE TERMS AND CONDITIONS THfREOF: '" , PURPOSE AREA AFFECTED RECORDING NO .• 9602301 C, OC l1MEOfW8870-329101-24-96lccf Public' utilIties Northerly portion ofproperi:y, herein described as "delineated within said document 9511200895 't .... ----,-------"-'--'~"~ .. ~'~"~.~. ~,~-" --,~,--,-=----,,~---~,.~, ~,,--~ c ____ •. c :----: -- (J " ~ • ~ ~ ~> .; " ;, ' ,-j : . '-, • , -, , • , • }, " ;;\ , i.~ · . · , ~ ,} ,"-' .~ , ., .. , -\l ., • -,.;,--"-, -,. 10 AGREEMENT REGARDING BUILDING LOCATION AND THE TEJ\MS AND CONDITIONS THEREOF ... , , -" RECORDED: RECORDING NO. . REGARDING .. ' .. November 20, 1995 9511200897 Building setback and restrictions 11. .' EASEMENT AND THE TERMS AND CONDITIONS THEREOF '. DIscLoSED BY·'· . . /' \' PURPOSE: AREA AFFECTED: , fnstrument recorded under Recording No. -' .. ,'9511299006 Utility N:qrtherly portion of property herein 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF DISCLOSED BY: PURPOSE: .' AREA AFFECTED . ,,- , , '" - , , '" - , Instruin'en,t reqorde.4"lmder Recording No. ,,9-511299006 ' Ingress;" egress, ~tility -and' dr_e ~nd "" "" "tefuporary:grading "'" "" ,: Nort~erly portiol}_ofthe property herein ,,,,.,-' ... "" ",," ... -"" , """ ' " ,,- ·2· 9602301 C.OC J /t\.1J:.OfW8870-329/0 1-24-96/cef . -" -.---~ -,,---~ ----- ."'"'' ' 161 8 BURLINGTON NORTHERN FILE NO. SSP -014 -92 A BINDING SITE PLAN SIGNATURE SECTION 30, TWP. 23 SECTION 31, TW P. 23 DEDICATION: CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FO'R CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING O'F THE RO'ADS AND WAYS SHOWN HEREON. By: Its: STATE OF WASHINGTON) )ss COUNTY OF KING ) GLACIER PARK CO'MPANY ::~"~j~ ~ IS TO CERTIFY THAT ON THIS -Z~ -DAY OF , 19-1 , BEFO'RE ME PERSONALLY APPEARED Tfc~7 L ..... TO ME KNOWN TO B HE"'!. U c c at •• I' OF BURLINGTON NO'RTHERN RAILROAD PROPERTIES INC., THE CORPO'RATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNO'WLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPO'RATIO'N, FOR T~USES AND PURPOSES THEREIN MENTIO'NED, AND ON OATH STATED THAT , / <, .... ,/ (II!!:! 311f: liltS) / (~IIE¥ HERE) AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, SAID CORPORATIO'N HAS CAUSED THIS INSTRUMENT T1zBE EXECUTED BY ITS PROPER OFFICER THIS -2¥*" DAY OF "SLC'/ 1 19~ t7 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN . KING ~ • ::'<::'" L .... \~\: ." .~,.'" " . ~~'" .,' c.':.. --:: ., .... ~t .$> ,~.' • .J \.. ....-<~ # ,,<. Q ,m Ca.«~~(tJau ( <i., <c r":'~\~'~ ... ~,...."' ........... Noorv>'RY PUBLIC IN AND FOR T2 ;:)un", ~HINGTO'N' RESIQING AT,~Drt:I,-/ tz:::.-: :~~~i9~. , STATE QR",WASHINGTON) -' ~:C:. : >""'''~,;--) S5 C'?.tlNTY'OF KING ) S IS TO CERTIFY #., ON THIS ..::z~-DAY OF RE ME PERSONALLY APPEARED ..... ER PARK IN AND FOREGO'ING IN- STRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO' BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CO'RPORATION, FOR THE USES AND qRPOSES THEREIN MENTIONED, AND ON O'ATH STATED THAT « ./ ... -44' • :="",' (Hi:/£HE IslA.),' (;'IIBi WERE) AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, SAID CORPORATION HAS CAUSED THIS INSTRUMENT T>} BE EXECUTED BY ITS PROPER OFFICER THIS .:2 ¥~ DAY OF l , c a «./ I 19~. t{; WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. ..,_c..c:" .C>~ ;'_,) : -. ,'''''''~ -, .... \~r~ '. :"l , ,,"'.....,,',' , J _', ,-.,hr/ " ~'J"~<1/"'" # ,7;.7 ~ {~,ta h .... ' ( 1¥O~Y PUBLIC IN ANDF6R~STAT~ ~ ~,;:,<';."e,e,'ON <"L'"':;,, .,......;. .,~ _ .... ' ""-,0 ,~'~. _-~' ~-/_.~y~t .o_~ ~"J., ,~c, il""'0 ,..\,,,,' --,~ # ---;, -9 Or )'ASHINGTO'N, RESID;r:NG AT ~ C1' ,k ~ j • • f .' '! . "" . . 1'<' "~ ... ",, ... .a. ~ ,'0" a..--' t.,...l.". .,1 ~,: t,:_-~~;_, ~4. _:.';' ~\"L -.&/..3'/3/9¥' '~, q,-":DEsCRIPTION: '. PARCEL A: THAT PO'RTIO'N OF BURLINGTO'N NO'RTHERN O'RILLIA INDUSTRIAL PARK O'F RENTO'N DIVISIO'N I, AS PER PLAT RECO'RDED IN VO'LUME 108 O'F PLATS, PAGES 12 AND 13, RECO'RDS O'F KING CO'UNTY, DESCRIBED AS FO'LLOWS: BLO'CK 2; LO'TS 1, 2, 3, 6, 7 AND 8; AND LO'T 2 O'F CITY O'F RENTON LO'T LINE ADJUSTMENT NO'. LLA-016-85, RECO'RDED UNDER KING CO'UNTY RECORDING NO'. 8602139001; " TOGETHER WITH THO'SE PO'RTIO'NS O'F RAILRO'AD RIGHT-O'F-WAY LYING ADJACENT TO' LO'TS 1, 2, 3, 4, 7, 8 AND 9 IN BLO'CK 2, AS SHO'WN O'N THE PLAT OF BURLINGTO'N NO'RTHERN O'RILLIA INDUSTRIAL PARK O'F RENTO'N DIVISIO'N I, AS PER PLAT RECO'RDED IN VO'LUME 108 O'F PLATS, PAGES 12 AND 13, RECO'RDS O'F KING CO'UNTY; SITUATE IN THE CITY O'F RENTO'N, CO'UNTY O'F KING, STATE O'F WASHING- TON. PARCEL B: PARCEL B O'F SHORT PLAT NO'. 378-79, ACCO'RDING TO' THE SHO'RT PLAT RECORDED UNDER KING CO'UNTY RECO'RDING NO'. 7909249001; SITUATE IN THE CITY O'F RENTO'N, CO'UNTY O'F KING, STATE O'F WASHING- TO'N. PAGE N., RGE.5 E, W.M. N., RGE. 5 E, W. M. COUNTY WASHINGTON NOTES: DEVELO'PMENT OR CONSTRUCTIO'N OF ANY IMPROVEMENTS UPO'N THE REAL PRO'PERTY HEREIN DESCRIBED SHALL BE IN ACCO'RDANCE WITH THE BINDING SITE PLAN APPROVED BY THE CITY OF RENTON O'N7n~~, 19~, AND THE (FINAL PLAT) (FINAL PLANNED UNIT DEVELO'PMENT~APPROVED BY THE CITY OF RENTON ON ~It ' 19 ___ . THIS BINDING SITE PLAN AND ALL OF ITS REQUIREMENTS SHALL BE LEGALLY ENFORCEABLE ON ANY PURCHASER OR OTHER PERSO'N ACQUIRING AN INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY AND ALL PO'RTIO'NS OF THE PROPERTY IN THIS BINDING SITE PLAN ARE SUBJECT TO SETBACK REQUIREMENTS O'F CITY O'F RENTO'N SUBDIVISIO'N O'RDINANCE. LAND SURVEYO'R'S CERTIFICATE: I HEREBY CERTIFY THAT THIS BINDING SITE PLAN IS BASED ON THE PROPERTY SURVEY AS PREPARED BY BUSH, RO'ED AND HITCHINGS, INC., AND RECORDED UNDER KING COUNTY RECO'RDING NO. 9105159005, THAT THE BEARINGS AND DISTANCES ARE SHO'WN CO'RRECTLY, AND THAT THE LO'T CO'RNERS SHALL BE SET O'N THE GRO'UND. ~~. l-<,t-~< " J. MCMANUS, P.L.S.28072 APPROVALS EXAMINED AND APPRO'VED THIS 2.6 DAY O'F JVltlS, 1992 A.D. CilY oF" ReNTo/V ASSESSOR'S CERTIFICATE: EXAMINED AND APPROVED THIS 30 rJQrzu./~() r .. gt2-bO{cS ASSESSOR FINANCE DIRECTO'R'S CERTIFICATE:. DAY O'Fjl//J ,1992 A.D. f L I." _L, .... , .I,~~· tmnnmv "CO~'I:'roC',....~ I HEREBY CERTIFY THAT ALL PRO'PERTY TAXES ARE PAID, THAT THERE ARE NO' DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS O'FFICE FO'R COLLECTIO'N, AND THAT ALL SPECIAL ASSESSMENTS, CERTIFIED TO' THIS OFFICE FO'R CO'LLECTIO'N O'N ANY O'F THE PRO'PERTY HEREIN CO'NTAINED, DEDICATED AS STREETS, ALLEYS, O'R FO'R O'THER PUBLIC USE, ARE PAID IN FULL THIS ,'Sa# DAY O'F ill, 14 til , 191.6. -*.",.,..--. .. ,. O'FFICE O'F FINANCE ,:--.,,~\. If f/'4i;:' -v.' .......... .'/.1 f~, .··()H1CI4(·· •• ~~ ,~.. . ...... j)..;i~ ~ DIRECTO'R, ~ING CO'UNTY O'FFICE O'F FINANCE ~ DIRECTO'R O'F FINANCE *' II:'!" 0" • 'W!';, , ~ .' , ~!. • , . . -, u... • • , . . • DEPUTY, KING CO' wi' ~ : O'FFICE O'F FINANCE ~, ..... ... '" •• ••• SEAl ..... .. 1'1\ lI--4sHiNGio'l' •• .,if' "\ !fa'" \""",, .... - I HEREBY CERTIFY THAT THERE ARE NO' DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO' THE CITY TREASURER FO'R CO'LLECTIO'N O'N ANY PRO'PERTY HEREIN CO'NTAINED DEDICATED FO'R STREETS, ALLEYS, O'R ~THER PUBLIC USE ARE PAID IN FULL. . y~ C,/U/9z. .y----I O'F RENTO'N RECO'RDING CERTIFICATE: 9J a {'30;( (P9 6 FILED FO'R RECO'RD AT THE REQUEST O'F THE CITY O'F RENTO'N THIS SO DAY OF J4<Oe , 19!1d, AT .39 MINUTES PAST ;;1:00 AND RECO'RDED IN VO'LUME It:: / O'F PLATS I PAGES D' -II , RE- CO'RDS O'F KING CO'UNTY, WASHINGTON. DIVISIO'N O'F RECO'RDS AND ELECTIO'NS :JAne f/ d. q H e MANAGER oJ Cpco~n 11.£/ema1'7 SUPERINT ENT'O'F RECO'RDS ..... = .... go SHEET I O'F 4 FILE NO. SSP 161 9 BURLINGTON NORTHERN "-24--~2 , i\;'i. t M.eN 014 -92 A 8 I N 0 I N G SIT E P LAN '£;<, ,. 0\ v;. ·\'H -:1 'i~,'.,,~rt'-'A\ : . . 'Z \'<P ;::::.,~'? .'. c;'6~~' LOT B: NEW SECTION SECTION 30, 31 , CITY OF RENTON PARCEL B OF CITY OF RENTON SHORT PLAT NO. 378-79, AS RECORDED UNDER KING COUNTY RECORDING NO. 7909249001 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 1" 50' 24" WEST ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 59.11 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 443.37 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 588.60 FEET THROUGH A CENTRAL ANGLE OF 76'03'49" TO A POINT OF COMPOUND CURVE; THENCE SOUTHWESTERLY ALONG A CURVE HAVING A RADIUS OF 605.87 FEET AN ARC DISTANCE OF 67.49 FEET THROUGH A CENTRAL ANGLE OF 6 0 22'57 11 ; THENCE NORTH 2°09'37" EAST 504.25 FEET TO THE SOUTH MARGIN OF SOUTHWEST 34TH STREET; THENCE SOUTH 87°50'23" EAST 400.05 FEET ALONG SAID SOUTH MARGIN TO THE BEGINNING. LOT CONTAINS 160,042 SQUARE FEET. LOT 1: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE NORTH 01"50'09" EAST 465.19 FEET ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 465.19 FEET TO A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 86.08 FEET THROUGH A CENTRAL ANGLE OF 89'40'32" TO THE SOUTHERLY MARGIN OF SOUTHWEST 34TH STREET; THENCE NORTH 87'50'23" WEST ALONG SAID MARGIN 251.59 FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID BLOCK 2; THENCE SOUTH 01'50'24" WEST ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 59.11 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 443.37 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 588.60 FEET THROUGH A CENTRAL ANGLE OF 76'03' 49" TO A POINT OF COMPOUND CURVE SAID CURVE HAVING A RADIUS OF 605.87 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 40.46 FEET THROUGH A CENTRAL ANGLE OF 030 49'33"; THENCE SOUTH 87°50'47" EAST 517.58 FEET; THENCE SOUTH 02°09'13" WEST 20.00 FEET; THENCE SOUTH 87°50'47" EAST TO THE BEGINNING. LOT CONTAINS 196,485 SQUARE FEET. ~: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1"50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET; THENCE NORTH 88'09'51" WEST 371.96 FEET; THENCE NORTH 1'50'09" EAST 13.83 FEET; THENCE NORTH 88'09'51" WEST 198.00 FEET; THENCE NORTH 1'50'09" EAST 43.25 FEET; THENCE NORTH 88'09'51" WEST 305.56 FEET TO THE WEST LINE OF THE EAST 875.52; THENCE NORTH 1'50'09" EAST ALONG SAID WEST LINE 472.42 FEET TO THE SOUTH LINE OF LOT 9 OF SAID BLOCK 2; THENCE SOUTH 87'50' 47" EAST ALONG SAID SOUTH LINE 83.38 FEET TO A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 605.87 FEET; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE 110.23 FEET THROUGH A CENTRAL ANGLE OF 10°25'2711 ; THENCE SOUTH 87°50'47" EAST 517.58 FEET; THENCE SOUTH 2'09'13" WEST 20.00 FEET; THENCE SOUTH 87'50'47" EAST 165.00 FEET TO THE BEGINNING. LOT CONTAINS 445,173 SQUARE FEET. LOT 3: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°50'09" WEST 811.84 FEET; THENCE SOUTH 68°49'4511 WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88'37'07" WEST ALONG SAID MARGIN 105.67 FEET; THENCE NORTH 1 ° 50 I 1211 EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1°50'12" WEST 210.00 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID MARGIN 16.66 FEET; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37 1 07 11 WEST 166.67 FEET; THENCE NORTH 1°50'12" EAST 96.77 FEET; THENCE NORTH 89"05'25" WEST 88.03 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE NORTH 01°50'1211 EAST LINE 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 6 OF SAID BLOCK 2; THENCE NORTH 89°05'25" WEST ALONG SAID SOUTH LINE 394.27 FEET; THENCE NORTH 1°50'09" EAST 130.00 FEET; THENCE NORTH 28"33'51" EAST 218.70 FEET TO THE WEST LINE OF THE EAST 875.52 FEET OF SAID BLOCK 2; THENCE NORTH 1°50'09" EAST ALONG SAID WEST LINE 243.51 FEET; THENCE SOUTH 88°09'51" EAST 305.56 FEET; THENCE SOUTH 1°50'09" WEST 43.25 FEET; THENCE SOUTH 88°09'5111 EAST 198.00 FEET; THENCE SOUTH 1°50'0911 WEST 13.83 FEET; THENCE SOUTH 88°09'5111 EAST 371.96 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 576,111 SQUARE FEET. LEGAL TWP. TWP. KING OESCR I PT IONS 23 N., RGE.5 E, W.M. 23 N., RGE. 5 E, W.M. iJ" . IA .... o .;' ~' t: I.Jr'p 28072 ~ / ,f: • ~;_~gI'JE'/.\\l.·' ",,"" °tv -•••• ' .,,:'<-AL LAN'-)'" ~/ COUNTY WASHINGTON EXPIR ~ ES 04/161 '3 LOT 4: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOTS 2 AND 3 OF SAID BLOCK 2 A DISTANCE OF 1326.48 FEET; THENCE SOUTH 68°49'45" WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88'37'07" WEST ALONG SAID NORTH MARGIN 105.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1'50'12" WEST 210 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE SOUTH 88°37 1 07" EAST ALONG SAID MARGIN 166.67 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 35,000 SQUARE FEET. LOT 6 THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOTS 2 AND 3 OF SAID BLOCK 2 A DISTANCE OF 1326.48 FEET; THENCE SOUTH 68°49 1 45" WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID NORTH MARGIN 105.67 FEET; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1°50'12" WEST 210.00 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07 11 WEST ALONG SAID MARGIN 16.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07 11 WEST 166.67 FEET; THENCE SOUTH 1°50'12" WEST 210.00 FEET TO SAID NORTH MARGIN; THENCE SOUTH 88°37'07" EAST 166.67 FEET TO THE TRUE POINT OF BEGINNING. SITE CONTAINS 35,000 SQUARE FEET. LOT 7: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1'50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET; THENCE NORTH 88 '09' 51" WEST 371.96 FEET; THENCE NORTH 1'50'09" EAST 13.83 FEET; THENCE NORTH 88°09'51" WEST 198.00 FEET; THENCE NORTH 1°50'09" EAST 43.25 FEET; THENCE NORTH 88'09'51" WEST 305.56 FEET TO THE WEST LINE OF THE EAST 875.52 FEET OF SAID BLOCK 2 AND THE TRUE POINT OF BEGIN- NING; THENCE NORTH 1°50'09" EAST 472.42 FEET TO THE SOUTH LINE OF LOT 9 OF SAID BLOCK 2; THENCE NORTH 87°50'47" WEST ALONG SAID SOUTH LINE AND ITS WESTERLY PROLONGATION 359.17 FEET TO THE EAST MARGIN OF LIND AVENUE; THENCE SOUTH 2°09 1 37" WEST 381.46 FEET; THENCE LEAVING SAID EASTERLY MARGIN SOUTH 00'14'29" WEST 263.84 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2052.79 FEET, SAID CURVE LYING CONCENTRIC WITH AND 9.00 FEET EASTERLY OF SAID EASTERLY MARGIN (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 87'06'45" EAST); THENCE SOUTH- ERLY 94.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'38'34" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 806.74 FEET; THENCE SOUTHERLY 88.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06'18'23"; THENCE SOUTH 11'50' 11" WEST 178.07 FEET TO SAID EAST MARGIN OF LIND AVENUE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1958.05 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 80'31'03" WEST); THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 45.28 FEET TO THE SOUTH LINE OF LOT 6 OF SAID BLOCK 2; THENCE SOUTH 89'05'25" EAST ALONG SAID SOUTH LINE 306.59 FEET; THENCE NORTH 1'50'09" EAST 130.00 FEET; THENCE NORTH 28°33 1 51" EAST 218.70 FEET; THENCE NORTH 1°50',0911 EAST 243.51 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 358,721 SQUARE FEET. LOT 8: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 9 IN SAID BLOCK 2; THENCE NORTH 87'50'47" WEST ALONG THE WESTERLY PROLONGATION OF SAID SOUTH LINE 151.61 FEET TO THE EASTERLY RIGHT-OF-WAY MARGIN OF LIND AVENUE; THENCE NORTH 2'09'37" EAST 455.01 FEET TO A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG SAID CURVE AN ARC DISTANCE 86.39 FEET THROUGH A CENTRAL ANGLE OF 90'00'00" TO THE SOUTHERLY MARGIN OF SOUTHWEST 34TH STREET; THENCE SOUTH 87'50'23" EAST ALONG SAID SOUTH MARGIN 350.47 FEET TO THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 1'50'09" WEST ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 148.50 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 380.84 FEET; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 471. 81 FEET THROUGH A CENTRAL ANGLE OF 70'58' 56" TO THE BEGIN- NING. LOT CONTAINS 181,753 SQUARE FEET. .... ~ .... 'C SHEET 2 OF 4 BURLINGTON NORTHERN 161 10 FILE NO. SSP -014 -92 A BIN DING SITE PLAN o 60 LEGEND: EV FH LS RRCA RRCB SDMH SSMH TMH TLS TS TSB TV UPM WMH WV ~ FD. CASED ceNC. MON. W! TACK IN LEAD~ UTILITIES -ORIGINAL SECTION 30, TWP. 23 SECTION 31, TWP. 23 CITY OF RENTON KING S.w. + WMH -0 FH,\ T PLAT -OVERLAY N., RGE.5 E, W.M. N., RGE. 5 E, W.M. COUNTY WASHINGTON 34TH ST LS-+:' v '!tv-LS"'35!Z.~7' 2-WY'';--W.0™H TSB" ...,---R-;-------s 87°50'23"E t /', , WMHk I \6~ 90009'00" , ~ (------R -55.00 I _ '" ,2-WV -0 UPMl~----WMHo 400;"O~' UPM _ +LS 2!i.1 .. 59, __ ._~ o.TrVH --S 87 0 50'23"E ~ FH;-N 87050'23"W ~ " 40', TMH L' 86.39' gt-0 ' i EXISTING R R. TRACK~~i~ :1 1 1 I I " DEV 10' LANDSCAPE B UTL. ESM'T 6, 890 4Q'32':: \ ALONG STREET FRONTAGE PER PLAT R '55.00 , __ _ SCALE I" = 120' 120 180 ELECTRICAL VAULT FIRE HYDRANT LIGHT STANDARD RAILROAD CONTROL ARM RAILROAD CONTROL BOX STORM DRAIN MANHOLE SANITARY SEWER MANHOLE TELEPHONE MANHOLE TRAFFIC LIGHT STANDARD TRAFFIC SIGNAL TRAFFIC SIGNAL BOX TELEPHONE VAULT i I 8 I '; 1 I 1\ 2:: I LOT 30' iLS~) 8 I I --... 181,753 SQ. FT. /. o !" 4.173 ACRES -1m . UPM...!....--r,£ / Q 2401 ~ /~ I ~ I /J I /'} 1 h 1 1 1 1 II 1 0 1 0 '" 1 I .~ I W ~'" , ~O - I ... ",,,, U1! rc") lIJ"" ~ -", >-d gj 0 .... z lOr 0 :io I'~ i=lIJ I, :;,'" , Z '" ~W~ f-iQ' I I I ~~ F: ~ .. ?~~ -..... : '-. .. PARCEL LOT 8 ~?~:; Q :...: 160,042 SQ. FT. 3.674 ACRES " 1 ------:::::: \, I ~_(2-1~~C:I' __ -""----:' _~--EXISTIN~ 8::a~R.ACK r 3-WVr-. LS UNDERGROUND POWER. MARKER W WATER MANHOLE WATER VALVE ~ Z W > <l: F"H _9.17, 'N87050~ --'\ /' ---~1------=S~ (-20' RAILROAD ESM'T TO BE -=1--T ~~ ~Ol~~~7"} /.,.L--20' RAILROAD RIGHT OF WAY I CREATED BY THIS DOCUMENT. L '"023' j--L RELINQUISHED BY DOCUM. ENT 20' UTILITY ESM'T TO BE' I RECORDED UN.DER KING COUNTY 'TMH v CREATED BY RECOR'DING OF .. ,-:.. RECORD NO. '1'-.1,;';)26,7"/ ~ ~ THIS OOCUMENT. _-\U". '~ 1 :'3~ \1.'1' \\:. o Z --1 ...,: a. 0 , "' .• \ '# '\ 1 -tl) #_ \ \\ ~ .. a \ ...... . I 2:0:: 0 .<0-.' ..... -: ,'.. I Cl)UJ en ",\\\ '..... f'.{' 'I LaJQ.. ,.... \_ .. ,...., t'-)\... . -\ ~ , .. I >-lLJ 0 w ,..') ,\ .. ~ .' \ I--(!) Z /' , .. ' \ . I :J~ U -0> \\,..' .. t-,..\"" i i }::z W ~ 0 ,...,,'Y, f""~ \ I , _',' • , • .". I :;,~ '" ·"0 -0. \. -.;,;. , ... \" i'J.'~ LOT -2 ,... WlLJ CI) 0 t .... \,..' .. ~'\ 1\ .. _,\., W <Xl ~ -~ ~' ~ ,::-\U"·. ~-\\':'~) \ ,_,.''''::' ,,') .~ "t' .. ~. '7 .. 0-«-' z . • ".\ . .. -,J"f)Q.., .. w \ •• \ \\\.~ .... -0'>(.)0::: ••.• , ..... !~ ,"., 445,173 SQ. FT. 10.219 ACRES oi 0 (I) .... w <':~'<">' ,0'0 l ...... \ -.lZ a.. _ ,.,V .... ._ <D ~ ~: ~ ,. ,~:v \ \. 1't:.1 f : ) -wY"if -Q~ ~ ["'-1 Ls-tl~upL -~ LOT .. ! I 7 Ii Ii Ii Ii 35B,721 SQ. FT. 8.235 ACRES , , , , : ~ )~~ 305.56' --t~~-",5i ---NO S 88°09' 51" E "';0 , "'''' 198.00 ~ S 88°09-r 51" E ~ ~ ·rc")-O .,,,, '0 "'-TO ': (I) r) L L '86.08' EXISTING R.R. TRACK LOT I 196,485 SQ. FT. 4.511 ACRES -5-&i' -"'I .~ ->-.. ~...J ",0.. W", >-w .... 0.. ~,..: -~ !;:r <Xl>-W w...J 0.....J .... u> "'. OW Z .. '" ...J z _ 0 ",...J -.. WV I I I I I I .I 1 -'-~' E f~EV ll"T I I I 1 I I I I -I v, ID, ~. o· L-i 1 I 1 ~ '" '" :;, u U Z 8 , FD. PUNCH MARK IN BRASS CAP IN CASED CONC. MON., 2.90' N.B 0.18' E. OF INTERSECTION PER SURVEY RECORDED UNDER REC. NO. /8602269002. SSMH SDMH SSMH >-~ :c (? :c I SSMH SDMH >- W --1 --1 ~ 40,~ri '~-NEW * FD. CASED ceNC. MON. W!~l : II --'" J 1 L BRASS PLUG. , I CONe SLAB '" 0 (TYP. 7 PLACES) , I (BUS' STOP) ~ 51 * [ N ~ I 0 20' UTILITY ESM'T. RELINQUISHED BY I AREA TO BE DEDICATED FOR Z ~. L DOCUMENT R~CORDED UNDER KING CO.~ ! I LIND AVE., SEE SHEET 4 OF 4. RECORD NO. '12.063& 267~ LANDSCAPE B UTILITY ESM'T. W SDMH I f- (J) I 81/ <l: I W :;, g'-----371.96' ____ ;ji6 S 88°09" 51 U E f i ITMH ~-W~ . I I ; FH .. '. I 1 I 1 ° R' 2043. 7~ _ * I • L ' 325 . 13 '-'. 1"'-....... I ' Evi TS iJ:;-M., V~ SEE SHEET40F4 576,111 SQ. FT. I .. /1 '~.; 3 It. T * * * ! h'l '35 \ \( .....-AOCESS EASEMEN; .~ 13.226 ACRES -. III . i f /\ '\ ! '0 .j I S '. " \ " W I \, If /'\ ,\ I~~ "" " _i : 20' UTILITY ESM'T. TO BE ~. '~ _~ _g; /e,., 03°07'03" \ "....... 8 0 LCREATED BY RECORDING "0 20' RAILROAD RIGHT OF WAY . = 2 I R, 1958.05' "---d g Of" THIS DOCUMENT.~ ~ELINQUISHED BY OOCUMENT RECORDj;,R_, L'106.54' -.... ----~ . 0 UNDER KING CO. REC. NO. 9.zgC,'c:u.cZ, '/ ------.... ~~--===~-===-;::.....-----=====---'/1 z LSj-?----306.59' -_____ , ~__ 394.~ _____ '._, __ . . . __ . __ . ____ '---' . 40 ~ --NB9005'25"W -88.03--, "'. __ . __ . ______ .~ ------;1"05 25 '¥ N I I , I, i SEC. 30 -M'-----------r--t------~S~E~C~. 3'-... ~ I <D 0 I 1----I ._ I : 20' RAILROAD RIGHT OF WAY PER PLAT. '" 0 LU i t::. L.! I ; ~-~-8~:*:7 ~-~.~~' llU .' 1667~-ACCESS B UTILITY EASEMENT :. ."'J UPON RECORD I NG OF THIS DOCUME", ! I ! ~ 8:~ 1 II -'" LOT 6 0 I 8:-;; 6 ",r I : : 0'" 01 24' BUILDING SETBACK PER REG. NO. 8105040070 ;:.:: ~. EXISTING 20' UTILITY SEC. 30 SEC. 31 '" '" i3 u Z u u Z 8 V SDMH SDMH SSMH CONDEMNATION OF ACCESS TO STATE HIGHWAY NO.5 (E. VALLEY HWY.) a Of" LIGHT, VI EW B AIR TO THE STATE Of" WASH. PER KING ce. S.C.C. NO. 570903 .. EASEMENT II C\i ~ 35,000 SQ. FT.Z I o 0.803 ACRe;S -' Z, II , .-..... 8: METRO SSMH '" 16.67c.........,. S 68"49,45 W , \ I : 1. 39.11 ',"", , '. '-----, _-~166_67_~· SSMH LS S 88037'07 E o ... v * S.W. 41 ST ST. RELEASE OF AOCESS TO THE STATE Of" WASH. PER REC. NO. 8005080581 * ... Q SHEET 3 OF 4 , LEGEND: 161 11 BURLINGTON NORTHERN ELECTRICAL VAULT FIRE HYDRANT LIGHT STANDARD FILE NO. SSP -014 -92 A 8 I N 0 IN G SIT E PLAN EV FK LS RRCA RRCB SDHK SSHH THH TLS TS TSB TV UPH WHH WV RAILROAD CONTROL ARK RAILROAD CONTROL BOX STORK DRAIN KAHHOLE SANITARY SEWER KAHHOLE TELEPHONE KAHHOLE TRAFFIC LIGHT STANDARD TRAFFIC SIGNAL PARCEL SECTION 30, TWP. SECTION 31, TWP. ~ CITY OF RENTON KING CONFIGURATIONS 23 N., RGE.5 E, W.M. 23 N., RGE. 5 E, W.M. COUNTY WASHINGTON TRAFFIC SIGNAL BOX TELEPHONE VAULT UNDERGROUND POWER IlARXER WATER KAHHOLE WATER VALVE UTILITY EASEMENT CREATED FD. CASED CONC. MON. WI TACK IN LEAD~ S.w. 34TH FD. PUNCH MARK IN BRASS CAP IN CASED CONC, MON., 2.90' N.8 0.18' E. OF INTERSECTION PER SURVEY RECORDED UNDER REC. NO. o 60 SCALE 120 I" = 120' 180 ---240 40', , , I ST. -0 , .,. -350.47 ~'~ /, -.----~ -S87050~23';E j I \6' 90000'00" L--__ R, 55.00' '~ 400.05' f l :t: 11 I --$ 87° -~ II ~~.~ - I -a> :1 10' L 50 23 E-----__ -251.59' -0 EX 0 0 I I ANDSCAPE -, •• ---.. I L '86.39' .. ~, . TAGE PER PLAT a> _N " -,-:', ISTING R.R. TRACK~""rO , , ALONG STREET ~R~,JL. ESM'T.....J -= '.,. --N 87°50'23"W--~ I , _, '? :is ,.. -89°40 32'" \ I I-" :; , <0 I R '55.00' ,~-----, ZI , I { 6 L'86.08' 'D ~,' " en ~'" 45' , , , , I LOT I § , I 1 ~ '/ r-r-""""" ,,.~ i LU 8 ~o' ~ : " L -'"~ / $; ~ 30' I _ If'... .:4 = .:EO LOT ~, ~ r 6 '" 181753 SO f.' -, " ena> 0 ;::, I '.-a> ,. FT. "-_ :a: '" LU" 10 ~ 2. 0 4.173 ACRES ! 0 cb ;;' -a> >-0 B OJ' is ' .. ,0 !f __ ~ 0 f-z :;r ",'j LOT 1 ~ '~ ~ "'I. ~ ;;I;:j 160,042 SO. FT. -!.e'." l j , If(: -0: j'(o ',LU /8602269002. ---- I / § • .:; ,I ~ SO: 3.674 ACRES :-t & 1 , I t/i ' .-J ' ~~ 4' '!~ 196,485 SO. FT. -I 'a> 1 /, " ' r--' ,. " "" ~,~ ••. ' I hiq~~'''''OO hlQ.' £) /' V~ ~,I:;; I / ,{f ", 1 I •• '''' ft ~ '1 5 .,. '" ...: '" f-N « --' Q. 0: LU Q. " '" Z <!l ~ 0: ° « N ::; 0 f-Z LU LU '" f-en " , , , '" '" '" '" N :it a> N :! ° 8 en Z ~ « ::; f-LU LU 0: f-en :it LU Z W :::> Z W > « o Z ...J , ./ «)" , , ,,!> b~' ' iq<:J ./ ,,-0 [>' r;F 0.'" , o.'iJ .{-I Z , ,I /,"-.,'" I , ~o 0.°' A'!> <!J' \ I /,>." .. 1 1 .dO''''?' /". .,'.c ai!,~""'"m m ~ i '--=-151.6I'--~ ". 1>' EXISTING RR TRAC " I~ ,6~!'>:9' /., /~ ~<..~ THIS ~~~ RECORDING OF:it , 'I --9.17', ".. " K q l,vE1">;~S-............. ,,.~/,/' ENTJ '!2 , ,r 1 ;---.......:!.::'. "N870 50'47" -83.38-., .~.. .""./ -01 --0-"_. _ ._ W' :>" -'J.. ~ oa> I , 20' RAILROAD 'ES'-' __ } '. .. _~/ --------- -~5.!.7.58:'" -.. .. '. 2£ , I .,fREATED,BYTHISMT TO BE :Y' 6,,0025"7'L ___ --'-"--87050'47"E~. . ... =0/;; , , Z 20UTIL DOCU,MENT. R'605.87"': ;--"-"-1 ... _ .. ~i,L..':: , ~~ ~ CREATED '~~ ~~~T. TO BE ','L '"0.23' j:-'" r -~'---165.;Oo'--.. -.. _~ OQ '" THIS DOCUMENT ORDING OF :. ..-<; 87°sci'47" _~ : ~ al . , " E-·· . ". .' ' ,-.;cn:r O I 1 I"'LUf-~ I ' ~ ~ . . I '" ~ .. I 1 .• I I "' " ,Q~ 0 T~ I I s~ " ~§~ .1. ~. 1 _LU t08 _I-' -'" LU::; ~ _0 LOT w 0: , , 0 0 > >"0 ." ., _ '''' Q. 0: en en >-0 ,,'''' f-, 0-«>-w WalO v O 2 -_. -a> ---'~ , m 0 ~lD lL.I ~OCl) ,0 ;:::it • , @~ • c" ,,'. ' ~','" " n ," , , ., " "'~ , Ic-".'" .~" ., I Z --'LU Q. f-o:u.. 10 ..J - 1 0" " '.' ~ '" .. , _. 0 I I .. o. W ~ .> • I' '0 LOT I ,-~o • I ' , «<!l I ,. I ---'~ I 1 7 '" ---, 1 • ' ,. •• , >-« s: I <.9 I >- W ...J ...J ~ N 87°06'45" W (R) _,,,,'en 358,721 SO. FT. ~. L-.. -:;?'a> :it ' , "'N 8.235 ACRES I, -'-"-305.56'-·-i_O 'a> ~ ': f~~ [ r -"-S 880 09'-5;" E '='-r: ~ -",-g r g~~W;D ':yMt TO BE I 40' III 8 ' . I ;i 6 .-01"0. ;::~ OF THIS DOCU~~~DING , i • I I ~~-'''OO'-''-. " 1 9' "'-"'a> -" I CD ,- J rt') N 0') o I() I.C! NO- * \ III, I _LU .. . S 88°09"51" .. -~Ul_ -:, , ,," ~ 1"'-,,~~~--' I ~ -:;; I j -S 88° 09' 5~,~"ro;E~~:;'::;:';':;;":; l , 1 N ° , I- (f) « w I.LJ ::::> ~ I.LJ > <{ ~ <:J ~ .:; • DETA I L /'f").' • " -, '2 N iJ, I I 0 1l!2' I i I . f· J' I , ~ ,: ~ / ,',,6= 0/°37'43" ./_, / R' 806.74' :;? 0, L'22.93' o . C\I Q:) \ "ICD',/\ 0:' "'\ ',.., 700 39'02" -I, R=35' Q ~ ;.,;., \ L' 43.16' 10 C\J " " ~ -:.. ---,-' ...... g: ?? .(j~390 <..:-""- -1 " r1 ~9' 6'J "- <J 't', , IJ',:\' _~O' "'-.. * \ /~ , I I ' "0 ' I \ \ : 1--------.. :(~; k~~i~:32'~ ,,' L '80.63' \ , , : ;.. , 0 f '-~ "'-, ,... , . , "'s \ !:!: -, -;;~/ ~ -0-° ~ cO :e,' :: -'" , 'I"" : " O::-J , I , , , " \ * * , 6'010 19'30" , R' 1958.05' 63?Z'" '? ... e./:'~ ,80°31 '03" W (R) til -----.;:.-~ \ * IlL' 45.28' 40' I I k I ' I ~/ / . . ' ,j --... j , , ' 6 .... I '-. ''?-' ", -"5 .r--V~.D ~~ '\ ~ 0' I \ ", . /-ACCESS I J ~ I ~ '\ EASEMENT .1,- lq ","'~ '<iv &~ I 'N6':~ ,II I ,/' \~,~\ LU C / '1'''' or:; _ '" (J LU LOT - 3 576,111 SO. FT 13.226 ACRES I '(->'-'a>! I Vi .. '--i;.! I I 6, 52° 12'09" '-".\ "'0 R"20' ~,,'!.."<' c5'~". 20' UTILITY ESM'T. TO BE _ i ~~ LCREATED BY RECORDING -8:iS N L"09.33'-------': ......... 00 "-_ z~ .~~~-306.59 •• ------+------, , . / OF THIS DOCUMENT. ~ _ I,J' 0 0 Q SEC. 31 _LU" ' SEC. 31 20' RAILROAD RIGHT OF WAY PER PLAT.. 10'~' :~~ ~ -21 N 88037'07" W 24' BUILDING SETBACK PER REC. NO. 8105040070 --=--j , 5 ': -.--6~~7.c1. --~ --: ~-16~F'---~~ , : Z ( -21 ~67'-4 r-:-='667~ -I.' ~ ACCESS 8 UTILITY EASEMENT , LU f-.--10':1 UPON RECORDING OF THIS DOCUMENT I -0'''' I! ~ I -,~ LOT d-;' I-o-~ LOT _I ~ 0'-_10, •• o~o ---0'-I I 0'-0 6 N'!.. •• 1 0 '" 4 0'-0 010 01 -0 010 I N'!.. 35,000 SO. FT.Z , I N 635,oooSO. FT. C\i ~ I 0 0,803 ACRES en 0,803 ACRES , 0 I , , , I , . , . , I I , , :it .I ' .. a> '" ° ::: -SS '" , 6 I en I I ,,-etf--'7 c.. EX~S n-CONDEMNATION OF ACCESS TO STATE HIGHWAY NO.5 (E. VALLEY HWY.) 8 OF LIGHT, VIEW 8 AIR TO THE STATE OF WASH. PER KING CO. S.C.C. NO. 570903 I ... ~~:s-:-------711.31' (PLAT) 711.45' (MEASURED), ___ _ en 16.67'[ L,6.67' ,I Z S 68049',45"W : , , ' ,I, ~ I)! ,300'" I 39,11 '~> =J ~~ 88.02·~.\ ~--.:::......166.67_--= :' r. / .<"::~L6,S_-97~'~. " . .I05.-~7~ ,_~ 45' ~ ... 0----.. * NOTE' STREET CENTERL I NE CONTROL ---INFORMATION FOUND-RECORD OF SURVEYS VOL. 80 , PG. 156 UNDER K.C. REC. NO. 9105159005 \ S.W, --: -. --i , S 88°3707 E - N 88°37'07 W __ ' -----1,291.14 _____ ~ __ -- 41 ST ST. RELEASE OF ACCESS TO THE STATE OF WASH. PER REC. NO. 8005080581 '----* FD. CASED CONC. MON. WI BRASS PLUG. (TYPICAL 7 PLACES) ... ... SHEET 4 OF 4 161 8 BURLINGTON NORTHERN FILE NO. SSP -014 -92 A BINDING SITE PLAN SIGNATURE SECTION 30, TWP. 23 SECTION 31, TW P. 23 DEDICATION: CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FO'R CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING O'F THE RO'ADS AND WAYS SHOWN HEREON. By: Its: STATE OF WASHINGTON) )ss COUNTY OF KING ) GLACIER PARK CO'MPANY ::~"~j~ ~ IS TO CERTIFY THAT ON THIS -Z~ -DAY OF , 19-1 , BEFO'RE ME PERSONALLY APPEARED Tfc~7 L ..... TO ME KNOWN TO B HE"'!. U c c at •• I' OF BURLINGTON NO'RTHERN RAILROAD PROPERTIES INC., THE CORPO'RATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNO'WLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPO'RATIO'N, FOR T~USES AND PURPOSES THEREIN MENTIO'NED, AND ON OATH STATED THAT , / <, .... ,/ (II!!:! 311f: liltS) / (~IIE¥ HERE) AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, SAID CORPORATIO'N HAS CAUSED THIS INSTRUMENT T1zBE EXECUTED BY ITS PROPER OFFICER THIS -2¥*" DAY OF "SLC'/ 1 19~ t7 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN . KING ~ • ::'<::'" L .... \~\: ." .~,.'" " . ~~'" .,' c.':.. --:: ., .... ~t .$> ,~.' • .J \.. ....-<~ # ,,<. Q ,m Ca.«~~(tJau ( <i., <c r":'~\~'~ ... ~,...."' ........... Noorv>'RY PUBLIC IN AND FOR T2 ;:)un", ~HINGTO'N' RESIQING AT,~Drt:I,-/ tz:::.-: :~~~i9~. , STATE QR",WASHINGTON) -' ~:C:. : >""'''~,;--) S5 C'?.tlNTY'OF KING ) S IS TO CERTIFY #., ON THIS ..::z~-DAY OF RE ME PERSONALLY APPEARED ..... ER PARK IN AND FOREGO'ING IN- STRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO' BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CO'RPORATION, FOR THE USES AND qRPOSES THEREIN MENTIONED, AND ON O'ATH STATED THAT « ./ ... -44' • :="",' (Hi:/£HE IslA.),' (;'IIBi WERE) AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, SAID CORPORATION HAS CAUSED THIS INSTRUMENT T>} BE EXECUTED BY ITS PROPER OFFICER THIS .:2 ¥~ DAY OF l , c a «./ I 19~. t{; WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. ..,_c..c:" .C>~ ;'_,) : -. ,'''''''~ -, .... \~r~ '. :"l , ,,"'.....,,',' , J _', ,-.,hr/ " ~'J"~<1/"'" # ,7;.7 ~ {~,ta h .... ' ( 1¥O~Y PUBLIC IN ANDF6R~STAT~ ~ ~,;:,<';."e,e,'ON <"L'"':;,, .,......;. .,~ _ .... ' ""-,0 ,~'~. _-~' ~-/_.~y~t .o_~ ~"J., ,~c, il""'0 ,..\,,,,' --,~ # ---;, -9 Or )'ASHINGTO'N, RESID;r:NG AT ~ C1' ,k ~ j • • f .' '! . "" . . 1'<' "~ ... ",, ... .a. ~ ,'0" a..--' t.,...l.". .,1 ~,: t,:_-~~;_, ~4. _:.';' ~\"L -.&/..3'/3/9¥' '~, q,-":DEsCRIPTION: '. PARCEL A: THAT PO'RTIO'N OF BURLINGTO'N NO'RTHERN O'RILLIA INDUSTRIAL PARK O'F RENTO'N DIVISIO'N I, AS PER PLAT RECO'RDED IN VO'LUME 108 O'F PLATS, PAGES 12 AND 13, RECO'RDS O'F KING CO'UNTY, DESCRIBED AS FO'LLOWS: BLO'CK 2; LO'TS 1, 2, 3, 6, 7 AND 8; AND LO'T 2 O'F CITY O'F RENTON LO'T LINE ADJUSTMENT NO'. LLA-016-85, RECO'RDED UNDER KING CO'UNTY RECORDING NO'. 8602139001; " TOGETHER WITH THO'SE PO'RTIO'NS O'F RAILRO'AD RIGHT-O'F-WAY LYING ADJACENT TO' LO'TS 1, 2, 3, 4, 7, 8 AND 9 IN BLO'CK 2, AS SHO'WN O'N THE PLAT OF BURLINGTO'N NO'RTHERN O'RILLIA INDUSTRIAL PARK O'F RENTO'N DIVISIO'N I, AS PER PLAT RECO'RDED IN VO'LUME 108 O'F PLATS, PAGES 12 AND 13, RECO'RDS O'F KING CO'UNTY; SITUATE IN THE CITY O'F RENTO'N, CO'UNTY O'F KING, STATE O'F WASHING- TON. PARCEL B: PARCEL B O'F SHORT PLAT NO'. 378-79, ACCO'RDING TO' THE SHO'RT PLAT RECORDED UNDER KING CO'UNTY RECO'RDING NO'. 7909249001; SITUATE IN THE CITY O'F RENTO'N, CO'UNTY O'F KING, STATE O'F WASHING- TO'N. PAGE N., RGE.5 E, W.M. N., RGE. 5 E, W. M. COUNTY WASHINGTON NOTES: DEVELO'PMENT OR CONSTRUCTIO'N OF ANY IMPROVEMENTS UPO'N THE REAL PRO'PERTY HEREIN DESCRIBED SHALL BE IN ACCO'RDANCE WITH THE BINDING SITE PLAN APPROVED BY THE CITY OF RENTON O'N7n~~, 19~, AND THE (FINAL PLAT) (FINAL PLANNED UNIT DEVELO'PMENT~APPROVED BY THE CITY OF RENTON ON ~It ' 19 ___ . THIS BINDING SITE PLAN AND ALL OF ITS REQUIREMENTS SHALL BE LEGALLY ENFORCEABLE ON ANY PURCHASER OR OTHER PERSO'N ACQUIRING AN INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY AND ALL PO'RTIO'NS OF THE PROPERTY IN THIS BINDING SITE PLAN ARE SUBJECT TO SETBACK REQUIREMENTS O'F CITY O'F RENTO'N SUBDIVISIO'N O'RDINANCE. LAND SURVEYO'R'S CERTIFICATE: I HEREBY CERTIFY THAT THIS BINDING SITE PLAN IS BASED ON THE PROPERTY SURVEY AS PREPARED BY BUSH, RO'ED AND HITCHINGS, INC., AND RECORDED UNDER KING COUNTY RECO'RDING NO. 9105159005, THAT THE BEARINGS AND DISTANCES ARE SHO'WN CO'RRECTLY, AND THAT THE LO'T CO'RNERS SHALL BE SET O'N THE GRO'UND. ~~. l-<,t-~< " J. MCMANUS, P.L.S.28072 APPROVALS EXAMINED AND APPRO'VED THIS 2.6 DAY O'F JVltlS, 1992 A.D. CilY oF" ReNTo/V ASSESSOR'S CERTIFICATE: EXAMINED AND APPROVED THIS 30 rJQrzu./~() r .. gt2-bO{cS ASSESSOR FINANCE DIRECTO'R'S CERTIFICATE:. DAY O'Fjl//J ,1992 A.D. f L I." _L, .... , .I,~~· tmnnmv "CO~'I:'roC',....~ I HEREBY CERTIFY THAT ALL PRO'PERTY TAXES ARE PAID, THAT THERE ARE NO' DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS O'FFICE FO'R COLLECTIO'N, AND THAT ALL SPECIAL ASSESSMENTS, CERTIFIED TO' THIS OFFICE FO'R CO'LLECTIO'N O'N ANY O'F THE PRO'PERTY HEREIN CO'NTAINED, DEDICATED AS STREETS, ALLEYS, O'R FO'R O'THER PUBLIC USE, ARE PAID IN FULL THIS ,'Sa# DAY O'F ill, 14 til , 191.6. -*.",.,..--. .. ,. O'FFICE O'F FINANCE ,:--.,,~\. If f/'4i;:' -v.' .......... .'/.1 f~, .··()H1CI4(·· •• ~~ ,~.. . ...... j)..;i~ ~ DIRECTO'R, ~ING CO'UNTY O'FFICE O'F FINANCE ~ DIRECTO'R O'F FINANCE *' II:'!" 0" • 'W!';, , ~ .' , ~!. • , . . -, u... • • , . . • DEPUTY, KING CO' wi' ~ : O'FFICE O'F FINANCE ~, ..... ... '" •• ••• SEAl ..... .. 1'1\ lI--4sHiNGio'l' •• .,if' "\ !fa'" \""",, .... - I HEREBY CERTIFY THAT THERE ARE NO' DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO' THE CITY TREASURER FO'R CO'LLECTIO'N O'N ANY PRO'PERTY HEREIN CO'NTAINED DEDICATED FO'R STREETS, ALLEYS, O'R ~THER PUBLIC USE ARE PAID IN FULL. . y~ C,/U/9z. .y----I O'F RENTO'N RECO'RDING CERTIFICATE: 9J a {'30;( (P9 6 FILED FO'R RECO'RD AT THE REQUEST O'F THE CITY O'F RENTO'N THIS SO DAY OF J4<Oe , 19!1d, AT .39 MINUTES PAST ;;1:00 AND RECO'RDED IN VO'LUME It:: / O'F PLATS I PAGES D' -II , RE- CO'RDS O'F KING CO'UNTY, WASHINGTON. DIVISIO'N O'F RECO'RDS AND ELECTIO'NS :JAne f/ d. q H e MANAGER oJ Cpco~n 11.£/ema1'7 SUPERINT ENT'O'F RECO'RDS ..... = .... go SHEET I O'F 4 FILE NO. SSP 161 9 BURLINGTON NORTHERN "-24--~2 , i\;'i. t M.eN 014 -92 A 8 I N 0 I N G SIT E P LAN '£;<, ,. 0\ v;. ·\'H -:1 'i~,'.,,~rt'-'A\ : . . 'Z \'<P ;::::.,~'? .'. c;'6~~' LOT B: NEW SECTION SECTION 30, 31 , CITY OF RENTON PARCEL B OF CITY OF RENTON SHORT PLAT NO. 378-79, AS RECORDED UNDER KING COUNTY RECORDING NO. 7909249001 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 1" 50' 24" WEST ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 59.11 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 443.37 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 588.60 FEET THROUGH A CENTRAL ANGLE OF 76'03'49" TO A POINT OF COMPOUND CURVE; THENCE SOUTHWESTERLY ALONG A CURVE HAVING A RADIUS OF 605.87 FEET AN ARC DISTANCE OF 67.49 FEET THROUGH A CENTRAL ANGLE OF 6 0 22'57 11 ; THENCE NORTH 2°09'37" EAST 504.25 FEET TO THE SOUTH MARGIN OF SOUTHWEST 34TH STREET; THENCE SOUTH 87°50'23" EAST 400.05 FEET ALONG SAID SOUTH MARGIN TO THE BEGINNING. LOT CONTAINS 160,042 SQUARE FEET. LOT 1: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE NORTH 01"50'09" EAST 465.19 FEET ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 465.19 FEET TO A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 86.08 FEET THROUGH A CENTRAL ANGLE OF 89'40'32" TO THE SOUTHERLY MARGIN OF SOUTHWEST 34TH STREET; THENCE NORTH 87'50'23" WEST ALONG SAID MARGIN 251.59 FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID BLOCK 2; THENCE SOUTH 01'50'24" WEST ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 59.11 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 443.37 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 588.60 FEET THROUGH A CENTRAL ANGLE OF 76'03' 49" TO A POINT OF COMPOUND CURVE SAID CURVE HAVING A RADIUS OF 605.87 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 40.46 FEET THROUGH A CENTRAL ANGLE OF 030 49'33"; THENCE SOUTH 87°50'47" EAST 517.58 FEET; THENCE SOUTH 02°09'13" WEST 20.00 FEET; THENCE SOUTH 87°50'47" EAST TO THE BEGINNING. LOT CONTAINS 196,485 SQUARE FEET. ~: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1"50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET; THENCE NORTH 88'09'51" WEST 371.96 FEET; THENCE NORTH 1'50'09" EAST 13.83 FEET; THENCE NORTH 88'09'51" WEST 198.00 FEET; THENCE NORTH 1'50'09" EAST 43.25 FEET; THENCE NORTH 88'09'51" WEST 305.56 FEET TO THE WEST LINE OF THE EAST 875.52; THENCE NORTH 1'50'09" EAST ALONG SAID WEST LINE 472.42 FEET TO THE SOUTH LINE OF LOT 9 OF SAID BLOCK 2; THENCE SOUTH 87'50' 47" EAST ALONG SAID SOUTH LINE 83.38 FEET TO A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 605.87 FEET; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE 110.23 FEET THROUGH A CENTRAL ANGLE OF 10°25'2711 ; THENCE SOUTH 87°50'47" EAST 517.58 FEET; THENCE SOUTH 2'09'13" WEST 20.00 FEET; THENCE SOUTH 87'50'47" EAST 165.00 FEET TO THE BEGINNING. LOT CONTAINS 445,173 SQUARE FEET. LOT 3: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°50'09" WEST 811.84 FEET; THENCE SOUTH 68°49'4511 WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88'37'07" WEST ALONG SAID MARGIN 105.67 FEET; THENCE NORTH 1 ° 50 I 1211 EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1°50'12" WEST 210.00 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID MARGIN 16.66 FEET; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37 1 07 11 WEST 166.67 FEET; THENCE NORTH 1°50'12" EAST 96.77 FEET; THENCE NORTH 89"05'25" WEST 88.03 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE NORTH 01°50'1211 EAST LINE 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 6 OF SAID BLOCK 2; THENCE NORTH 89°05'25" WEST ALONG SAID SOUTH LINE 394.27 FEET; THENCE NORTH 1°50'09" EAST 130.00 FEET; THENCE NORTH 28"33'51" EAST 218.70 FEET TO THE WEST LINE OF THE EAST 875.52 FEET OF SAID BLOCK 2; THENCE NORTH 1°50'09" EAST ALONG SAID WEST LINE 243.51 FEET; THENCE SOUTH 88°09'51" EAST 305.56 FEET; THENCE SOUTH 1°50'09" WEST 43.25 FEET; THENCE SOUTH 88°09'5111 EAST 198.00 FEET; THENCE SOUTH 1°50'0911 WEST 13.83 FEET; THENCE SOUTH 88°09'5111 EAST 371.96 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 576,111 SQUARE FEET. LEGAL TWP. TWP. KING OESCR I PT IONS 23 N., RGE.5 E, W.M. 23 N., RGE. 5 E, W.M. iJ" . IA .... o .;' ~' t: I.Jr'p 28072 ~ / ,f: • ~;_~gI'JE'/.\\l.·' ",,"" °tv -•••• ' .,,:'<-AL LAN'-)'" ~/ COUNTY WASHINGTON EXPIR ~ ES 04/161 '3 LOT 4: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOTS 2 AND 3 OF SAID BLOCK 2 A DISTANCE OF 1326.48 FEET; THENCE SOUTH 68°49'45" WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88'37'07" WEST ALONG SAID NORTH MARGIN 105.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1'50'12" WEST 210 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE SOUTH 88°37 1 07" EAST ALONG SAID MARGIN 166.67 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 35,000 SQUARE FEET. LOT 6 THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1°50'09" WEST ALONG THE EAST LINE OF LOTS 2 AND 3 OF SAID BLOCK 2 A DISTANCE OF 1326.48 FEET; THENCE SOUTH 68°49 1 45" WEST 39.11 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07" WEST ALONG SAID NORTH MARGIN 105.67 FEET; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07" WEST 166.67 FEET; THENCE SOUTH 1°50'12" WEST 210.00 FEET TO THE NORTH MARGIN OF SOUTHWEST 41ST STREET; THENCE NORTH 88°37'07 11 WEST ALONG SAID MARGIN 16.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1°50'12" EAST 210.00 FEET; THENCE NORTH 88°37'07 11 WEST 166.67 FEET; THENCE SOUTH 1°50'12" WEST 210.00 FEET TO SAID NORTH MARGIN; THENCE SOUTH 88°37'07" EAST 166.67 FEET TO THE TRUE POINT OF BEGINNING. SITE CONTAINS 35,000 SQUARE FEET. LOT 7: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE SOUTH 1'50'09" WEST ALONG THE EAST LINE OF LOT 2 OF SAID BLOCK 2 A DISTANCE OF 514.64 FEET; THENCE NORTH 88 '09' 51" WEST 371.96 FEET; THENCE NORTH 1'50'09" EAST 13.83 FEET; THENCE NORTH 88°09'51" WEST 198.00 FEET; THENCE NORTH 1°50'09" EAST 43.25 FEET; THENCE NORTH 88'09'51" WEST 305.56 FEET TO THE WEST LINE OF THE EAST 875.52 FEET OF SAID BLOCK 2 AND THE TRUE POINT OF BEGIN- NING; THENCE NORTH 1°50'09" EAST 472.42 FEET TO THE SOUTH LINE OF LOT 9 OF SAID BLOCK 2; THENCE NORTH 87°50'47" WEST ALONG SAID SOUTH LINE AND ITS WESTERLY PROLONGATION 359.17 FEET TO THE EAST MARGIN OF LIND AVENUE; THENCE SOUTH 2°09 1 37" WEST 381.46 FEET; THENCE LEAVING SAID EASTERLY MARGIN SOUTH 00'14'29" WEST 263.84 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2052.79 FEET, SAID CURVE LYING CONCENTRIC WITH AND 9.00 FEET EASTERLY OF SAID EASTERLY MARGIN (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 87'06'45" EAST); THENCE SOUTH- ERLY 94.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'38'34" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 806.74 FEET; THENCE SOUTHERLY 88.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06'18'23"; THENCE SOUTH 11'50' 11" WEST 178.07 FEET TO SAID EAST MARGIN OF LIND AVENUE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1958.05 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 80'31'03" WEST); THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 45.28 FEET TO THE SOUTH LINE OF LOT 6 OF SAID BLOCK 2; THENCE SOUTH 89'05'25" EAST ALONG SAID SOUTH LINE 306.59 FEET; THENCE NORTH 1'50'09" EAST 130.00 FEET; THENCE NORTH 28°33 1 51" EAST 218.70 FEET; THENCE NORTH 1°50',0911 EAST 243.51 FEET TO THE TRUE POINT OF BEGINNING. LOT CONTAINS 358,721 SQUARE FEET. LOT 8: THAT PORTION OF BLOCK 2 OF THE PLAT OF BURLINGTON NORTHERN ORIL- LIA INDUSTRIAL PARK OF RENTON AS RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 9 IN SAID BLOCK 2; THENCE NORTH 87'50'47" WEST ALONG THE WESTERLY PROLONGATION OF SAID SOUTH LINE 151.61 FEET TO THE EASTERLY RIGHT-OF-WAY MARGIN OF LIND AVENUE; THENCE NORTH 2'09'37" EAST 455.01 FEET TO A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG SAID CURVE AN ARC DISTANCE 86.39 FEET THROUGH A CENTRAL ANGLE OF 90'00'00" TO THE SOUTHERLY MARGIN OF SOUTHWEST 34TH STREET; THENCE SOUTH 87'50'23" EAST ALONG SAID SOUTH MARGIN 350.47 FEET TO THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 1'50'09" WEST ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 148.50 FEET TO A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 380.84 FEET; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 471. 81 FEET THROUGH A CENTRAL ANGLE OF 70'58' 56" TO THE BEGIN- NING. LOT CONTAINS 181,753 SQUARE FEET. .... ~ .... 'C SHEET 2 OF 4 BURLINGTON NORTHERN 161 10 FILE NO. SSP -014 -92 A BIN DING SITE PLAN o 60 LEGEND: EV FH LS RRCA RRCB SDMH SSMH TMH TLS TS TSB TV UPM WMH WV ~ FD. CASED ceNC. MON. W! TACK IN LEAD~ UTILITIES -ORIGINAL SECTION 30, TWP. 23 SECTION 31, TWP. 23 CITY OF RENTON KING S.w. + WMH -0 FH,\ T PLAT -OVERLAY N., RGE.5 E, W.M. N., RGE. 5 E, W.M. COUNTY WASHINGTON 34TH ST LS-+:' v '!tv-LS"'35!Z.~7' 2-WY'';--W.0™H TSB" ...,---R-;-------s 87°50'23"E t /', , WMHk I \6~ 90009'00" , ~ (------R -55.00 I _ '" ,2-WV -0 UPMl~----WMHo 400;"O~' UPM _ +LS 2!i.1 .. 59, __ ._~ o.TrVH --S 87 0 50'23"E ~ FH;-N 87050'23"W ~ " 40', TMH L' 86.39' gt-0 ' i EXISTING R R. TRACK~~i~ :1 1 1 I I " DEV 10' LANDSCAPE B UTL. ESM'T 6, 890 4Q'32':: \ ALONG STREET FRONTAGE PER PLAT R '55.00 , __ _ SCALE I" = 120' 120 180 ELECTRICAL VAULT FIRE HYDRANT LIGHT STANDARD RAILROAD CONTROL ARM RAILROAD CONTROL BOX STORM DRAIN MANHOLE SANITARY SEWER MANHOLE TELEPHONE MANHOLE TRAFFIC LIGHT STANDARD TRAFFIC SIGNAL TRAFFIC SIGNAL BOX TELEPHONE VAULT i I 8 I '; 1 I 1\ 2:: I LOT 30' iLS~) 8 I I --... 181,753 SQ. FT. /. o !" 4.173 ACRES -1m . UPM...!....--r,£ / Q 2401 ~ /~ I ~ I /J I /'} 1 h 1 1 1 1 II 1 0 1 0 '" 1 I .~ I W ~'" , ~O - I ... ",,,, U1! rc") lIJ"" ~ -", >-d gj 0 .... z lOr 0 :io I'~ i=lIJ I, :;,'" , Z '" ~W~ f-iQ' I I I ~~ F: ~ .. ?~~ -..... : '-. .. PARCEL LOT 8 ~?~:; Q :...: 160,042 SQ. FT. 3.674 ACRES " 1 ------:::::: \, I ~_(2-1~~C:I' __ -""----:' _~--EXISTIN~ 8::a~R.ACK r 3-WVr-. LS UNDERGROUND POWER. MARKER W WATER MANHOLE WATER VALVE ~ Z W > <l: F"H _9.17, 'N87050~ --'\ /' ---~1------=S~ (-20' RAILROAD ESM'T TO BE -=1--T ~~ ~Ol~~~7"} /.,.L--20' RAILROAD RIGHT OF WAY I CREATED BY THIS DOCUMENT. L '"023' j--L RELINQUISHED BY DOCUM. ENT 20' UTILITY ESM'T TO BE' I RECORDED UN.DER KING COUNTY 'TMH v CREATED BY RECOR'DING OF .. ,-:.. RECORD NO. '1'-.1,;';)26,7"/ ~ ~ THIS OOCUMENT. _-\U". '~ 1 :'3~ \1.'1' \\:. o Z --1 ...,: a. 0 , "' .• \ '# '\ 1 -tl) #_ \ \\ ~ .. a \ ...... . I 2:0:: 0 .<0-.' ..... -: ,'.. I Cl)UJ en ",\\\ '..... f'.{' 'I LaJQ.. ,.... \_ .. ,...., t'-)\... . -\ ~ , .. I >-lLJ 0 w ,..') ,\ .. ~ .' \ I--(!) Z /' , .. ' \ . I :J~ U -0> \\,..' .. t-,..\"" i i }::z W ~ 0 ,...,,'Y, f""~ \ I , _',' • , • .". I :;,~ '" ·"0 -0. \. -.;,;. , ... \" i'J.'~ LOT -2 ,... WlLJ CI) 0 t .... \,..' .. ~'\ 1\ .. _,\., W <Xl ~ -~ ~' ~ ,::-\U"·. ~-\\':'~) \ ,_,.''''::' ,,') .~ "t' .. ~. '7 .. 0-«-' z . • ".\ . .. -,J"f)Q.., .. w \ •• \ \\\.~ .... -0'>(.)0::: ••.• , ..... !~ ,"., 445,173 SQ. FT. 10.219 ACRES oi 0 (I) .... w <':~'<">' ,0'0 l ...... \ -.lZ a.. _ ,.,V .... ._ <D ~ ~: ~ ,. ,~:v \ \. 1't:.1 f : ) -wY"if -Q~ ~ ["'-1 Ls-tl~upL -~ LOT .. ! I 7 Ii Ii Ii Ii 35B,721 SQ. FT. 8.235 ACRES , , , , : ~ )~~ 305.56' --t~~-",5i ---NO S 88°09' 51" E "';0 , "'''' 198.00 ~ S 88°09-r 51" E ~ ~ ·rc")-O .,,,, '0 "'-TO ': (I) r) L L '86.08' EXISTING R.R. TRACK LOT I 196,485 SQ. FT. 4.511 ACRES -5-&i' -"'I .~ ->-.. ~...J ",0.. W", >-w .... 0.. ~,..: -~ !;:r <Xl>-W w...J 0.....J .... u> "'. OW Z .. '" ...J z _ 0 ",...J -.. WV I I I I I I .I 1 -'-~' E f~EV ll"T I I I 1 I I I I -I v, ID, ~. o· L-i 1 I 1 ~ '" '" :;, u U Z 8 , FD. PUNCH MARK IN BRASS CAP IN CASED CONC. MON., 2.90' N.B 0.18' E. OF INTERSECTION PER SURVEY RECORDED UNDER REC. NO. /8602269002. SSMH SDMH SSMH >-~ :c (? :c I SSMH SDMH >- W --1 --1 ~ 40,~ri '~-NEW * FD. CASED ceNC. MON. W!~l : II --'" J 1 L BRASS PLUG. , I CONe SLAB '" 0 (TYP. 7 PLACES) , I (BUS' STOP) ~ 51 * [ N ~ I 0 20' UTILITY ESM'T. RELINQUISHED BY I AREA TO BE DEDICATED FOR Z ~. L DOCUMENT R~CORDED UNDER KING CO.~ ! I LIND AVE., SEE SHEET 4 OF 4. RECORD NO. '12.063& 267~ LANDSCAPE B UTILITY ESM'T. W SDMH I f- (J) I 81/ <l: I W :;, g'-----371.96' ____ ;ji6 S 88°09" 51 U E f i ITMH ~-W~ . I I ; FH .. '. I 1 I 1 ° R' 2043. 7~ _ * I • L ' 325 . 13 '-'. 1"'-....... I ' Evi TS iJ:;-M., V~ SEE SHEET40F4 576,111 SQ. FT. I .. /1 '~.; 3 It. T * * * ! h'l '35 \ \( .....-AOCESS EASEMEN; .~ 13.226 ACRES -. III . i f /\ '\ ! '0 .j I S '. " \ " W I \, If /'\ ,\ I~~ "" " _i : 20' UTILITY ESM'T. TO BE ~. '~ _~ _g; /e,., 03°07'03" \ "....... 8 0 LCREATED BY RECORDING "0 20' RAILROAD RIGHT OF WAY . = 2 I R, 1958.05' "---d g Of" THIS DOCUMENT.~ ~ELINQUISHED BY OOCUMENT RECORDj;,R_, L'106.54' -.... ----~ . 0 UNDER KING CO. REC. NO. 9.zgC,'c:u.cZ, '/ ------.... ~~--===~-===-;::.....-----=====---'/1 z LSj-?----306.59' -_____ , ~__ 394.~ _____ '._, __ . . . __ . __ . ____ '---' . 40 ~ --NB9005'25"W -88.03--, "'. __ . __ . ______ .~ ------;1"05 25 '¥ N I I , I, i SEC. 30 -M'-----------r--t------~S~E~C~. 3'-... ~ I <D 0 I 1----I ._ I : 20' RAILROAD RIGHT OF WAY PER PLAT. '" 0 LU i t::. L.! I ; ~-~-8~:*:7 ~-~.~~' llU .' 1667~-ACCESS B UTILITY EASEMENT :. ."'J UPON RECORD I NG OF THIS DOCUME", ! I ! ~ 8:~ 1 II -'" LOT 6 0 I 8:-;; 6 ",r I : : 0'" 01 24' BUILDING SETBACK PER REG. NO. 8105040070 ;:.:: ~. EXISTING 20' UTILITY SEC. 30 SEC. 31 '" '" i3 u Z u u Z 8 V SDMH SDMH SSMH CONDEMNATION OF ACCESS TO STATE HIGHWAY NO.5 (E. VALLEY HWY.) a Of" LIGHT, VI EW B AIR TO THE STATE Of" WASH. PER KING ce. S.C.C. NO. 570903 .. EASEMENT II C\i ~ 35,000 SQ. FT.Z I o 0.803 ACRe;S -' Z, II , .-..... 8: METRO SSMH '" 16.67c.........,. S 68"49,45 W , \ I : 1. 39.11 ',"", , '. '-----, _-~166_67_~· SSMH LS S 88037'07 E o ... v * S.W. 41 ST ST. RELEASE OF AOCESS TO THE STATE Of" WASH. PER REC. NO. 8005080581 * ... Q SHEET 3 OF 4 , LEGEND: 161 11 BURLINGTON NORTHERN ELECTRICAL VAULT FIRE HYDRANT LIGHT STANDARD FILE NO. SSP -014 -92 A 8 I N 0 IN G SIT E PLAN EV FK LS RRCA RRCB SDHK SSHH THH TLS TS TSB TV UPH WHH WV RAILROAD CONTROL ARK RAILROAD CONTROL BOX STORK DRAIN KAHHOLE SANITARY SEWER KAHHOLE TELEPHONE KAHHOLE TRAFFIC LIGHT STANDARD TRAFFIC SIGNAL PARCEL SECTION 30, TWP. SECTION 31, TWP. ~ CITY OF RENTON KING CONFIGURATIONS 23 N., RGE.5 E, W.M. 23 N., RGE. 5 E, W.M. COUNTY WASHINGTON TRAFFIC SIGNAL BOX TELEPHONE VAULT UNDERGROUND POWER IlARXER WATER KAHHOLE WATER VALVE UTILITY EASEMENT CREATED FD. CASED CONC. MON. WI TACK IN LEAD~ S.w. 34TH FD. PUNCH MARK IN BRASS CAP IN CASED CONC, MON., 2.90' N.8 0.18' E. OF INTERSECTION PER SURVEY RECORDED UNDER REC. NO. o 60 SCALE 120 I" = 120' 180 ---240 40', , , I ST. -0 , .,. -350.47 ~'~ /, -.----~ -S87050~23';E j I \6' 90000'00" L--__ R, 55.00' '~ 400.05' f l :t: 11 I --$ 87° -~ II ~~.~ - I -a> :1 10' L 50 23 E-----__ -251.59' -0 EX 0 0 I I ANDSCAPE -, •• ---.. I L '86.39' .. ~, . TAGE PER PLAT a> _N " -,-:', ISTING R.R. TRACK~""rO , , ALONG STREET ~R~,JL. ESM'T.....J -= '.,. --N 87°50'23"W--~ I , _, '? :is ,.. -89°40 32'" \ I I-" :; , <0 I R '55.00' ,~-----, ZI , I { 6 L'86.08' 'D ~,' " en ~'" 45' , , , , I LOT I § , I 1 ~ '/ r-r-""""" ,,.~ i LU 8 ~o' ~ : " L -'"~ / $; ~ 30' I _ If'... .:4 = .:EO LOT ~, ~ r 6 '" 181753 SO f.' -, " ena> 0 ;::, I '.-a> ,. FT. "-_ :a: '" LU" 10 ~ 2. 0 4.173 ACRES ! 0 cb ;;' -a> >-0 B OJ' is ' .. ,0 !f __ ~ 0 f-z :;r ",'j LOT 1 ~ '~ ~ "'I. ~ ;;I;:j 160,042 SO. FT. -!.e'." l j , If(: -0: j'(o ',LU /8602269002. ---- I / § • .:; ,I ~ SO: 3.674 ACRES :-t & 1 , I t/i ' .-J ' ~~ 4' '!~ 196,485 SO. FT. -I 'a> 1 /, " ' r--' ,. " "" ~,~ ••. ' I hiq~~'''''OO hlQ.' £) /' V~ ~,I:;; I / ,{f ", 1 I •• '''' ft ~ '1 5 .,. '" ...: '" f-N « --' Q. 0: LU Q. " '" Z <!l ~ 0: ° « N ::; 0 f-Z LU LU '" f-en " , , , '" '" '" '" N :it a> N :! ° 8 en Z ~ « ::; f-LU LU 0: f-en :it LU Z W :::> Z W > « o Z ...J , ./ «)" , , ,,!> b~' ' iq<:J ./ ,,-0 [>' r;F 0.'" , o.'iJ .{-I Z , ,I /,"-.,'" I , ~o 0.°' A'!> <!J' \ I /,>." .. 1 1 .dO''''?' /". .,'.c ai!,~""'"m m ~ i '--=-151.6I'--~ ". 1>' EXISTING RR TRAC " I~ ,6~!'>:9' /., /~ ~<..~ THIS ~~~ RECORDING OF:it , 'I --9.17', ".. " K q l,vE1">;~S-............. ,,.~/,/' ENTJ '!2 , ,r 1 ;---.......:!.::'. "N870 50'47" -83.38-., .~.. .""./ -01 --0-"_. _ ._ W' :>" -'J.. ~ oa> I , 20' RAILROAD 'ES'-' __ } '. .. _~/ --------- -~5.!.7.58:'" -.. .. '. 2£ , I .,fREATED,BYTHISMT TO BE :Y' 6,,0025"7'L ___ --'-"--87050'47"E~. . ... =0/;; , , Z 20UTIL DOCU,MENT. R'605.87"': ;--"-"-1 ... _ .. ~i,L..':: , ~~ ~ CREATED '~~ ~~~T. TO BE ','L '"0.23' j:-'" r -~'---165.;Oo'--.. -.. _~ OQ '" THIS DOCUMENT ORDING OF :. ..-<; 87°sci'47" _~ : ~ al . , " E-·· . ". .' ' ,-.;cn:r O I 1 I"'LUf-~ I ' ~ ~ . . I '" ~ .. I 1 .• I I "' " ,Q~ 0 T~ I I s~ " ~§~ .1. ~. 1 _LU t08 _I-' -'" LU::; ~ _0 LOT w 0: , , 0 0 > >"0 ." ., _ '''' Q. 0: en en >-0 ,,'''' f-, 0-«>-w WalO v O 2 -_. -a> ---'~ , m 0 ~lD lL.I ~OCl) ,0 ;:::it • , @~ • c" ,,'. ' ~','" " n ," , , ., " "'~ , Ic-".'" .~" ., I Z --'LU Q. f-o:u.. 10 ..J - 1 0" " '.' ~ '" .. , _. 0 I I .. o. W ~ .> • I' '0 LOT I ,-~o • I ' , «<!l I ,. I ---'~ I 1 7 '" ---, 1 • ' ,. •• , >-« s: I <.9 I >- W ...J ...J ~ N 87°06'45" W (R) _,,,,'en 358,721 SO. FT. ~. L-.. -:;?'a> :it ' , "'N 8.235 ACRES I, -'-"-305.56'-·-i_O 'a> ~ ': f~~ [ r -"-S 880 09'-5;" E '='-r: ~ -",-g r g~~W;D ':yMt TO BE I 40' III 8 ' . I ;i 6 .-01"0. ;::~ OF THIS DOCU~~~DING , i • I I ~~-'''OO'-''-. " 1 9' "'-"'a> -" I CD ,- J rt') N 0') o I() I.C! NO- * \ III, I _LU .. . S 88°09"51" .. -~Ul_ -:, , ,," ~ 1"'-,,~~~--' I ~ -:;; I j -S 88° 09' 5~,~"ro;E~~:;'::;:';':;;":; l , 1 N ° , I- (f) « w I.LJ ::::> ~ I.LJ > <{ ~ <:J ~ .:; • DETA I L /'f").' • " -, '2 N iJ, I I 0 1l!2' I i I . f· J' I , ~ ,: ~ / ,',,6= 0/°37'43" ./_, / R' 806.74' :;? 0, L'22.93' o . C\I Q:) \ "ICD',/\ 0:' "'\ ',.., 700 39'02" -I, R=35' Q ~ ;.,;., \ L' 43.16' 10 C\J " " ~ -:.. ---,-' ...... g: ?? .(j~390 <..:-""- -1 " r1 ~9' 6'J "- <J 't', , IJ',:\' _~O' "'-.. * \ /~ , I I ' "0 ' I \ \ : 1--------.. :(~; k~~i~:32'~ ,,' L '80.63' \ , , : ;.. , 0 f '-~ "'-, ,... , . , "'s \ !:!: -, -;;~/ ~ -0-° ~ cO :e,' :: -'" , 'I"" : " O::-J , I , , , " \ * * , 6'010 19'30" , R' 1958.05' 63?Z'" '? ... e./:'~ ,80°31 '03" W (R) til -----.;:.-~ \ * IlL' 45.28' 40' I I k I ' I ~/ / . . ' ,j --... j , , ' 6 .... I '-. ''?-' ", -"5 .r--V~.D ~~ '\ ~ 0' I \ ", . /-ACCESS I J ~ I ~ '\ EASEMENT .1,- lq ","'~ '<iv &~ I 'N6':~ ,II I ,/' \~,~\ LU C / '1'''' or:; _ '" (J LU LOT - 3 576,111 SO. FT 13.226 ACRES I '(->'-'a>! I Vi .. '--i;.! I I 6, 52° 12'09" '-".\ "'0 R"20' ~,,'!.."<' c5'~". 20' UTILITY ESM'T. TO BE _ i ~~ LCREATED BY RECORDING -8:iS N L"09.33'-------': ......... 00 "-_ z~ .~~~-306.59 •• ------+------, , . / OF THIS DOCUMENT. ~ _ I,J' 0 0 Q SEC. 31 _LU" ' SEC. 31 20' RAILROAD RIGHT OF WAY PER PLAT.. 10'~' :~~ ~ -21 N 88037'07" W 24' BUILDING SETBACK PER REC. NO. 8105040070 --=--j , 5 ': -.--6~~7.c1. --~ --: ~-16~F'---~~ , : Z ( -21 ~67'-4 r-:-='667~ -I.' ~ ACCESS 8 UTILITY EASEMENT , LU f-.--10':1 UPON RECORDING OF THIS DOCUMENT I -0'''' I! ~ I -,~ LOT d-;' I-o-~ LOT _I ~ 0'-_10, •• o~o ---0'-I I 0'-0 6 N'!.. •• 1 0 '" 4 0'-0 010 01 -0 010 I N'!.. 35,000 SO. FT.Z , I N 635,oooSO. FT. C\i ~ I 0 0,803 ACRES en 0,803 ACRES , 0 I , , , I , . , . , I I , , :it .I ' .. a> '" ° ::: -SS '" , 6 I en I I ,,-etf--'7 c.. EX~S n-CONDEMNATION OF ACCESS TO STATE HIGHWAY NO.5 (E. VALLEY HWY.) 8 OF LIGHT, VIEW 8 AIR TO THE STATE OF WASH. PER KING CO. S.C.C. NO. 570903 I ... ~~:s-:-------711.31' (PLAT) 711.45' (MEASURED), ___ _ en 16.67'[ L,6.67' ,I Z S 68049',45"W : , , ' ,I, ~ I)! ,300'" I 39,11 '~> =J ~~ 88.02·~.\ ~--.:::......166.67_--= :' r. / .<"::~L6,S_-97~'~. " . .I05.-~7~ ,_~ 45' ~ ... 0----.. * NOTE' STREET CENTERL I NE CONTROL ---INFORMATION FOUND-RECORD OF SURVEYS VOL. 80 , PG. 156 UNDER K.C. REC. NO. 9105159005 \ S.W, --: -. --i , S 88°3707 E - N 88°37'07 W __ ' -----1,291.14 _____ ~ __ -- 41 ST ST. RELEASE OF ACCESS TO THE STATE OF WASH. PER REC. NO. 8005080581 '----* FD. CASED CONC. MON. WI BRASS PLUG. (TYPICAL 7 PLACES) ... ... SHEET 4 OF 4 I, '- , ',' ~ ~ .,. , - , , FILED' FOR RECORD AT REQUEST OF: PUGETPOWER A1iN: PATRICIA SNYDEP REAL ESTATE DEPARTMENt" " P.O. BOX 97034 BELLEVUE, WASHINGTON 98000-9734 " ,\ PARTIAL RELEASE OF INTEREST IN EASEMENT KNOIi ALL MEN BY THESE PRESENTS that Puget Sound Power & Light Company, a Washington corporation, is the owner of an interest in that certain reservation and grant of easement referenced on the plat recorded in Volume 100 of Plat.s, pages 12 and 13, under Recording No. 7B09250902, records of King County, over the real property described as follows: Burlington Northern Orillia Industrial Park of Renton. ." . Said Company does hereby abandon and release all rights acquired under said easement in and to that portion of the above real property described as f.ollows: See Attached Exhibit A 1% EXCISE TAX NOTREQUIREO :r? ~Co:ecords Divisio~ By (j,L,~ ..... . Deputy IN WITNESS W-riEREO~~d corpor ion has caused this instrument to be executed this (~day of 1992. COMPANY STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this cfJ,f/...t day of , 1992, before me personally appoared WAYNE H. HOPMAN to me known as the DIRECTOR REAL ESTATE of PUGET SOUND OWER & LIGHT COMPANY, the corporation that executed the foregoing instrument and ~e acknowledged said instrument to be the free and voluntary act and deed of said cor.poration, for the purposes and uses therein mentioned and ihe on oath stated that phe was authorized to execute said instrument. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year above written. I . , . , . PUGET SOUND POliE:R & LIGHT COMPANY CORPORATE ACKNOWLE:DGEMENT JV-ACOOI 4-DC-3516 8 m . I !1M . ' . , , , "',' '\"/ ",_ I.'. t .. ' ',,"', .~: r-'~ .... " ~ ; .' 'i Ii ., ~ I I i I I i·' I ! ,'--. , I I , , i ! j , .~ " " ",\ ~ , ;1 ,t, '1 ~ -.1 " , :; ".: t'· EXHIBIT A Those portions of Lots 2, 3, 6 and 7, Block 2 of Burl ington Northern Orillia Industrial Park of Renton, Division 1, according to the plat thereof recorded in Volume 108 of Plats, pages 12 and 13, records of King County, Washington, described as follows: A strip of land 20.00 feet in width running in an East-West direction, t:he centerline of which is the line common to said Lots 2 lind 3 and said Lots 6 and 7, said strip being shown and designated as a utility easement on said plat, TOGETHER WITH a st:::ip of land 20.00 feet in width running in a North-South direction, the centerline of which is the line common to said Lots 2 and 7 and said Lots 3 and 6, said strip being shown and designated as a utility easemont on said platl EXCEPT those portions thereof lying within the South 20.00 feet of said Lots 3 and 6. Situate in the City of Renton, King County, Washington. ", ' .. :,J ... \\'1 '( r "'--r "-" '., '-J ,nJ '-r~ ~ , -.... " '. ~' .. ,~, ~ \~J .. " \ ' ":" , , ,::; ,-" ;'j ~::'N u 'a') '" Ll ~ '" N -,' >-= 0 ''-., M u ,0 C' ~ ,... 0 r-.-. N -' -J , (1) '-, '" . . , e, ,-,,, 0 " r-, ,-,' , t; w I ,,, ::l Cl 1 - '" , 1 ,', i- '~ 1 , , , , .. , l , ." \ '-' .. , , " :-:: '" '" ," WilEN RECORDED RETURN TO, Office of th: Oty Clerk Renton Municipal Duildlng 200 Mill Avenue South Renton, WA 980~S - RE-92-002 RELEASE OF EASEMENf KNOWN ALL MEN BY TIIESE PRESENTS that the CITI OF RENTON, a mUnicipal corporntlon, Is the owner of an casement acquired from The PIat of Burlington Northern OrUlla Industrhl Park of Renton DiVision I dated on September 25, 1978, recorded under King County Recording No, 7809250902, records of KIng County, State of Washington, over real property described as follows: See Exhibit "B' attached hereto A utillty easement, 20' in Width, being more particularly described as follows: Sec Exhibit "A" attached hereto THE CITI OF RENTON docs hereby abandon and release all rights acquired under above described casement. IN\VlTNES~ WHEREOF, said City has caused this Instrument to be executed by the Mayor and City ','. 25th Clertthis ---"'.........:-------__ J_u_ne ___ , 19 _9_2 __ STATE OF WASHINGTON ) ) SS COUNTI OF KING ) On this 25th day of _---'-J.::cu;,;.np.;.;.-_____ , 19 .2!1. before me personally appeared Earl Clymer MAYOR, CITI OF RENTON, and Harilyn J .. Petersen CITI CLERK, CITY OF RENTON, the individuals that executed the foregoing Instrument, and acknowledged said instrument to be the free and voluntary act and deed of said indiViduals, for the uses and purposes therein mentioned, and on oath stated that they are aut!lOrized to execute said instrument. IN \VlTNESS WHEREOF, I have set my hand and affixed my official seal the day and year above written, .. " \ Notal"} Ilc in and for the State: ': • I of Washington residing at-;R,e"in~t;;;on'im~ ___ _ My appointment expires _1_1.;..72_9.;..7_9_5 ___ _ F1LED FOR RECORD AT REQUEST OF TR<\NS/\MERIC/\ TIn." INSUR/\NCE CO. , ' ;'( :. \.:.. . 'II l ,L -:. ""' :-: .. -:. ... ". ' ," '" o· '" \ 91-4IMIDDt1.~ ',' J ' .. " \ .", , , ", , , " , ~ , \ \ ", ' 3:"~) 1" .' .. '. " ~:r.: L E U, )j(J" ' , BeUevue, \VA ~~009 )' ~ 1 r I I I f- ;;:i :,j " a Ll '" :0..: I- ". ,) :-1-,., .J ~:. 'j .. ,,' ,- 0 f- W :::J 0 ", 4 ,- ( ., ., o .," ~.~ -I BUSH, ROED 8: HITCHINGS, INC, , . 1 , , J ! , . \ N CTl ~ N 0 M ~ 0 N CTl EXHIBIT A Page 1 of 2 EASEMENT RELEASE DESCRIPTION THOSE PORTIONS OF LOTS 2, 3, 6 AND 7, BLOCK 2 OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON DIVISION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: II STRIP OF LAND 20.00 FEET IN WIDTH RUNNING IN AN EAST -WEST DIRECTION, THE CENTERLINE OF WHICH IS THE LINE COMMON TO SAID LOTS 2 AND 3 AND SAID LOTS 6 AND 7, SAID STRIP BEING SHOWN AND DESIGNATED liS A UTILITY EASEHENT ON SAID PLAT; :rgQETHER NaH A STRIP OF LAND 20.00 FEET IN WIDTH RUNNING IN A NORTH -SOUTH DIRECTION, THE CENTERLINE OF WHICH IS THE LINE COM~QN TO SAID LOTS 2 AND 7 AND SAID LOTS 3 AND 6, SAID STRIP BEING SHOWN AND DESIGNATED AS A UTILITY EASEMENT ON SAID PLAT; §:XCEPT THOSE PORTIONS THEREOF LYING WITHIN THE SOUTH 20.00 FEET OF SAID LOTS 3 AND 6. SITUATE IN THE CITY OF RENTON, KING COUNTY, l'IASHINGTON. EXPIr1£'l 3/111 POWELL DEVELOPMENT BURLING1'ON NOR'rHERN B. S • P. WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 91407.08/SlJR5-1B JUNE 12, 1992 -.----------------------------- I " ,.' 'J , ' , , " ., '] , ~ i ,:,1 iI ~ • , I I- ,,' ~ ~I ~~ ~ ~:! :. :~ Ii -, .. .1 ~ ;-I :-~ .-, -, ", ,-I 0 \ I-, w • ::> Cl ,n -. ,-- en 'SCi1PE B ESM'T r r 0 .-.j 1\) !-- ~ ,..- 1'.,. I 0 0") I en 01 i.,1 \ o • '''-17'"01'' ~iii~ EXfiIUITA I N I/O/6'30'~ 338.28' PUn' :!: LIND' A"E I \; 338.3</' ~ MY '1 * .j;. -----.a. ------1,329.82' l-TOr-J~:-:;~ ...----~-J.T--='~~---'.:Iar=---"'---tI<~-+--+-..."...-~ 02°08'51" E 1.169.08' PLA I ~~~r:;:-:::-:::-:::~~~~~=~~... N 02° 09' 37" E I ~: -! ~~ lJ ~ I -----•• -LIO'LANDSC/l~E a ;'LlTY ESM'; " AlONG STREET FRONTAGE PER PLAT . .., 10' TELEPHONE ESM'T REC. NO. 790509094~, ,/ ,1, "C-1'1 20' UTILITY ESM'T'" PER PLAT (TYP. ) 0" .\ , ,. PLAT -N 01 0 50'09" E 1,940.75"' CA VALLEY HIGHWAY . . , ___ • ------M N ~ c,{) N 0 M c,{) 0 ':" N ;;:; ~ ... : :.:J II U "' '" ',' .... ". " ,.. 1-,., -' < .) , ,,' ,- 0 .... W :J Cl '" , ~ ;-- & o • - EXHIBIT 8 parcel A That portion of Burlington Northern orillia Industrial Park of Renton Division I, as per plat recorded in Volume 108 of Plats, Pages 12 and 13, records of King County, described as fol1ows: Lots 1, 2, 3, 6, 7 and 8 in Block 2; Together with Lot 2 of city of Renton Lot Lin'3 Adjustment No. LLA-016-85 recorded under King county Recording No. 8602139001; And together with al1 railroad rights of way lying adjacent to Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 in said Block 2 and adjacent to Lots 1 and 2 of city of Rentcn Lot Line Adjustment No. LLA-016-85 recorded under King county Recording No. 8602139001 and adjacent to Parcels A and B of Short Plat No. 378-79 according to the Short Plat recorded under King County Recording No. 7909249001; parcel B Parcel B of Short Plat No. 378-79, according to the Short Plat recorded under King county Recording No. 7909249001; situate in the City of Renton, county of King, state of Washington. 1754/005:2/tl/92:RA013 EX1I181TA.ne1 ., ,. ,', " " " ~. \ ',. ,; , 'I i",il " ii. I l' il t~ I:i lit f- 'u ~ ._, ..:> Ll >-1-• . -. -' . ..;. 'J , ", o f- w ::> C1 <0 I ... .. ',' . ~ '" , u '" ." '" ... '" .. '" .' .' .. • o I After recording return to: FOSTER PEPPER & SHEFEI.1AN H11 Third Avenue, SU .te 3400 Seattle, Washington 98101 Attention: Michael Kuntz RELEASE OF UNUSED RAILROAD HIGHT-OF-WAY THIS RELEASE made this CA (.1'!: day of June, 1992, by GLACIER PARK COMPANY., a Delaware corporation ("Glacier park") and BURLINGTON NORTHERN RAILROAD PROPERTIES, INC., a Delaware corporation ("Burlington Northern"). Recitals 1. Pursuant to the plat of Burlington Northern Orillia Industrial Park of Renton, Division I, recorded in Volume 108 of Plats, on pages 12 and 13, records of King county, Washington (the "Plat"), Glacier Park reserved certain rights-of-way as shown on the face of the Plat for railroad purposes. 2. A portion of the railroad right-of-way shaded in Exhibit A attached hereto has never been used for railroad purposes (the "Unused Railroad Right-of-Way) ; 3. property attached Railroad Glacier Park and Burlington Northern are selling the ("Property") more particularly described on Exhibit B hereto, which includes the area encumbered by the Unused Right-of-Way; 4. As a condition to the sale of the Property, Glacier Park and Burlington Northern have agreed to release the Unused Railroad Right-of-Way; NOW THEREFORE, Glacier Park and Burlington Northern hereby release and relinquish all of their right, title and interest in and to the Unused Railroad Right of Way. Nothing her.ein shall affect the other rights-of-way created on the fact of the Plat, including the other rights of ways created on the face of the Plat that encumber the Property. vnrn 1·i~\:'··"· \ . L roJ71'sZ.02A (signatures on following page) -1- .. : :;~.:( '':'.''''''.':: CO . ,.,ti, 1\\'1'. I\E V. BOX 1·:~3 Bellevue, \VA 98009 ,J l _____ ...... ___ _ -- I D ..... i:i :i " u '-' '" '-..... ,,- " >-:- -' ~'-'J <. ,,. ;- 0 ..... W ::0 0 ," -, ,- II I ., , ~ C1l ~ N 0 C".l ~ 0 N O'l o ... DATED as of the date and year written above. STATE OF WASHINGTON COUNTY OF .Q..&:;=#- I ss. GLACIER PARK COMPANY, a Delaware corporation BURLINGTON NORTHERN RAILROAD, PROPERTIES, INC., a Delaware corporation or have satisfactory evidence that is the person who appeared before me, and sa1d person acknowledged that said person signed this instrument, on oath stated that said person was aumrized to execute the instrument and acknow,ledged it as thea>, ~;'1 (d-.9f/- GLACIER PARK COMPANY, a corporat1on, to be the free and vo untary act of such corporation for the uses and purposes mentioned in the instrument. Dated this .;:?~ !:f{. day OOJ71l2.0lJ\ Of,p"'" </ '- otary Public in and of Washington, -2- My appointment ...... ~~ .... -• \\\t. .... C ... " •• ~\" '11"IfII,"'J9~'. ,:~ ~"'~~S10N e"" ~'. • (j,"i' +"".!'" 1992. :~:8 tlOTAl/1" ~:~~ =,_~-____________ """ ___ -= ........ ..",.;:"'_ ... 'm ......... ""' ____ .... _ ...... -~ .... " -. _. '_.--." .l"_ .... __ .t __ .. --. " f' ;.~ II ;, It , . :-( I,~ ~~ I I I', " ,. " r r ,. i r'. ii b I; f; l I , ~ 1 STATE OF WASHINGTON COUNTY OF ~"",",:k;!q;.... ) ) 55. ) e ., .A t I know or have satisfactory evidence that / is the person who appeared before me, and ~S~~d~pLe~r~s~c~n~a~c~.kEn~o~w~le~d~g~e;d~that said person signed this instrument, on oath stated that said person was a~t,hofiz~to ~xecute the instrument and acknowledged it as the 4!.?c tL lCd. t<2ld/~ of BURLINGTON NORTHERN RAILROAD PROPERTIES, INC., a corporatlon, to be the free and vOluntary act of such corporation for the uses and purposes mentioned in the instrument. OOJ7Ill.02A d Dated this ~~ -day of '-., 1992. ~' It;t~d/ 721 &A4~ tary Public in and for the tate~ Washington, residing at ').:;L..g.a 2'Z72. d ./ -3- My appointment ('!xpires 3,h/lf I ====== ________ .......... "';;;;u ......... _________ ........ ;;~_;..-.-.'iT: .. .,._, -, -.'. r' .-.---,--••• .,-......... ;----. --.----.--. -n' I .... 'oJ ::,5 " (;) LJ ,., ',' .... , '- " ,... I- ..J ~. 'j , ,,' - 0 .... w :::> Cl ." ~ i- ~ . , '. . \ • ... -.~========~~~-~-----= - w If.) ~ en CoO N 0 C M 2, c.o -0 .J N (1) I , 'i g :! , ~ .J ~ ~ I ,I I' ~ " " ~ ~ E; i: j, I' L...... Go f .l-_-___ ... _ ---I e.~ 120 ~b.O\I!.R. ~A~K ce. 1C: !!'!.I'o.1TO "'-I • WA I 20e '07 5391 03-0'-92 11:53AM PO 05 "36 - .. : I- i:i ~ t u '" L1 ." I . ~.t.: l- '" ,0 :-1- 0·0 .J _J: 'J .. '" ;- 0 l-. .., ::J 0 '0 ;-. :-. -: • • ( anllln' £, '&BeZlc J,: That portion of Burlinqton Northam Crilli. Induetrial Park of Renton Div1aion I, as per plat recorded in Volume lOB of Plats, psge 12 anQ 13, record. of Xing County, described •• follow.: Lot. 1. 2, 3, 6 7 and 8 in Block 2; TOGETHER WITH Lot 2 of City ot Renton Lot Lina Adjustment No. LLA-016-85 recorded under ~inq county Recording No. 8602111~001; AND TOGETHER WITH tho .. portions of reilroad riqht-ot-way lying adjac5nt to Leta 1, 2, 3, 4, 7, 8 and 9 in aaid Block 2; situate in the City of Renton, County of Ring, state of W •• hington. UlICEL I: Perce 1 B of Short Plat No. 378-79, according to the Short Plat recorded under Ring County Recording No. 7909249001; Situate in the City of Renton, County of Ring, State of Washington. - I· o I oJ '-:J: .. j .' . • 15th May 91 WHIRI ... I, ON THI •• ____ ....:;.::..:.:.:... ____ DAY o,. ___ ---'~ __________ it __ Glacier Park Co. --US wE~1 COEU'iuNICAIIONS, INC. GRANTED TO P.I.'CT1'tC'''Oft'Thh U iii" i iL"VROmr'~"RT. HiREINAP'TIR RI"RRI:D TO ... 1 THE "TELEPHONE COMPANY," OR TO ITS pnlDECU80R IN INT.lRl8T. AN KAIII:MENT OR RlaH1.0I':hWAV UPON THE P'OI.1.0WIHQ DUCRIDID PROPIRTY King was Ilngton IITUATID IN COUNTY. 8TAT, OF WHICH 1lA1JJ:I~T OR RIGHT J\uClitor W" OP' WAY II RICORDICt IN THI O"ICJ.PP' TH,. 01': lAID COUNTY IN 1I00KK _____ _ 0' Plats AT PAO" 1l & 13 PARCEL A That portion of Burlington Northern Orillia Industrial Park of Renton Division I, as per Plat recorded in Volume 104 of Plats, Pages 12 and 13, records of King County, Wa. described as follows: Block 2: Lots 1, 2, 3, 4, 7, llnd 8; and Lo't 2 of City of Renton Lot Line Adjustment No. LLA-016-85 , recorded under King County recording N. 8602139001; Together with those portions of railroad right-of-way lying adjacent to Lots 1, 2, 3, 4, 7, 8, and 9, in Block 2, as shown on the Plat of Burlington Northern Orillia Industrial Park Of REnton Division I, as per Plat recorded in Volume 104 of Plats, Pages 12 and 13, records of King County; Situate in the City of Renton, County of King, State Of Washington. Parcel B Parcel B of Short Plat No. 378-79, according to the Short Plat recorded under King County Recording No. 7909249001; Situate in the City of Renton, County of King, State of Washington. EXCISE TAX NOT REQUIRED IQng Co, Raoorda DIYI1kIn &t~k~~ Now. THEREFORE, ,.on: A VALUABLE CONSIDERATION. RECEIPT all' WHICH '8 HEREBY ACKNCWLEDaID. THI TiLE· PHONE COMPANY HEREBY RILfLASU AND ABANDONS TO 8AI0 QRANTOR AND TO ___ .J:tCllbI.ePCji.lT:..-. __ -,,'uccuaORII IN INTEREST THE EASEMENT ADOVE DESCRIDED. WITH THE INT%NTION OF' TERMINATING 8AID EA8EMENT. IN WITNEn WHEREOI". THE TELEPHONl. COMPANY H4. ~IED THUI PRUENTS TO DI DECUTED THIS"-__ 16th DAY 0' June ,. __ ~l_ US WESt COMMUNICATIONS, INC. ~:~Hl"i'7r;;r:,RP~ D. L. Dauphiny BTATE or:: Wash1 ogtan COUNTY 01" Ki og ON THII 16th DAY Of' June le~ 1Ir.r:,.ORE ME PI"BONAUY AP"IARKC p. L. Dauphiny TO ME KNOWN TO HE THEE_--"R ... i .. gJJhlJ.t-"oC!f,-,W!!a!;y,--,~",!a",n",a",g<1e,,-,-r-_O=p"c!.r"a!.t.::i!.o~n~s~ _____________ _ 01" THE CORPORATION THAT EXECUTED THE WITHIN AND FOREOOING IN8TRUMINT. AND ACKNOWLIDGeD THE 8AID IN- BTRUMENT TO DE THE FREI: AND VOLUNTARY ACT AND DUD OF lAID CORPOAATION, FOR THE uln AND PURPOIEII THERE- IN MENTIONED. AND ON OATH BTATED THATC __ .!h","'-__ IB AUTHORIZED TO EXECUTE 8AID IN8TRUMENT. WAshington RaiDING AT _ yood i "Vi11 e ,. • " • • I ..... ., J.: ~, .. , ... ' ... >-z ~ ::E 0 U I-III Z Z III 0 ::E X III IL III I/) .I 0( III III I- ~ .I II. .I 0 III III III Iii I/) III 0( ~ III X ..I I- III II: II: 0 Z u ii: U ~ .. , !,.....~ '. ~ ..... ; . : :-' ~ILtD for Recor3 at Request o~ ." ....... ,. ~amel __________ _ "'-. : ..... . ~ ,. \ddrei5:ssi...-________ _ , . 'I~:~' ,~ ... :' ' ... ,', ..... :' ........ ~' ,", ~ . ~,!I r.', ' .,' :. :.'. I .' ~·j·~1l~'j~}ki-fJ.. J , • ::,' • • "':.,," • .' •• ':, " '( • 't' ". . .,. " . • I • , . • . . I ", , ! t;: .. , ~ ( , ! '" L) '" ~4 f- ". " ;- I-.. , -' '" " '-," ;- 0 f- W :=J Cl to 1- ~: " , " " ,.' , . ,d ~ : ,', " '" ." '" " N o {'- N o M CJ) o N al ., ( RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: • Alston, Courtnage, MacAulay & Proctor 1000 Second Avenue, Suite 3900 Seattle, Washington 98104-1054 Attention: Robert C. MacAulay RECIPROCAL EASEMENT AGREEMENT liITH COVENAUTS, COHDITIONB A!."'D RESTRICTIONS BETlfBEN HCWA REl'\LT!l CORP. AND POWELL-ORILLIA ASSOCIATES AT REQUEsT OF fiLED FOR ~COll~ E INSUH .. \NCECO. n' "'St\lV!ERlCl\ • or;' 1,\.Iu' 300 108111 Ave. N.:. "~O BOX 1493 BCU"V~C, WA 9B009 j ,~===----------------....... " .. ' .......... - - " '0 " I: , ! i, 'i !' ;i I' 'j :,~ .L N I-0 1..1 l'- :j N " 0 ," M " '" i C,t) ',' 0 ,.:: "-N " a'l >-:- _I .;. ) ',I a I- w ::J 0 '0 ,-- ;,\ RECITALS A. B. c. D. E. o o • RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS hND RESTRICTIONS TABLE OF CONTENTS . . . . . . . . HC Property • • Powell Property Shopping center 9'Wner • • • • • .Purpose . . . . - 1 1 1 1 1 1 ~~TICLE 1 -DEFINITION OF EXCLUSIVE BUILDING AREA AND COMMON AREA • • • • • • • • • • • • • 1.1 Exclusive Building Area • 1.2 COmmon Area . . . . . • . 1.3 Conversion to Common Area ARTICLE 2 2.1 2.2 2.3 ARTICLE 3 3.1 3.2 3.3 ARTICLE 4 4.1 4.2 4.3 4.4 4.5 <t.6 4.7 -USE . . . . • . . . Prohibited Us~~ ••• Egrther Restrictions permi tted Uses -BUILDINGS • • Location Fire Protection • . • Damage or Destruction -COMMON AREA USE • Grant of Easements Use . • • • • • • • Access ••••• (a) No Barriers ••• (b) staging for Constl~cti2n Limitations on~ (a) customers (b) Employees (c) General. (d) No Use Fee utili~nd Service Easements Signs • . • • • • • . • • Outside MerchandisiJlq • • ARTICLE 5 -COMMON AREA DEVELOPMENT 5.1 Development Timing -i- 1754/005:6/11/92:0U516 2 2 2 2 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 8 9 9 HC\lA,·/'Igr.ne1 i i· i' , . ,. ,. ! I -,-~-:J ,,, "-,- ' .. -' :-1 :-I -, 1 I • I , ~ a >- uJ :::> a ,- I " \ N o ~ N o M c.o o N (j) o • ARTICLE 6 6.1 6.2 ARTICLE 7 7.1 7.2 -COMMON AREA MAINTENANCE Maintenance standards . . Maintenance by Agent -INDEMNIFICATION, INSURANCE Owner's Indemnification .•• Insurance . . . . . . . . . . ARTICLE B -REALTY TAXES AND ASSESSMENTS 8.1 Real Estate Taxes and Assessments -EMINENT DOMAIN AR'l'ICLE 9 9.1 9.2 9.3 Owner's Right to Award Collateral Cl~im§ . • . Restoration of Common Areas ARTICLE 10 -CANCELLATION, MODIFICATION, DURATION 10.1 Cancellation or. Modification 10.2 Duration ....• ARTICLE 11 -RELEASE FROM LIABILITY 11.1 ,Release from Liability ARTICLE 12 -DEFAULT 12.1 Default .•....• 12.2 Remedies for Defaul~ 12.3 Attorneys' Fee~ 12.4 Governing Law ARTICLE 13 -NOTICES 13.1 Notices. ARTICLE 14 -LENDER PROTECTION 14.1 Lender Protection .. ARTICLE 15 -GENERAL PROVISIONS 15.1 No Covenant to Operate 15.2 Running of Benefits and Servitudes. Successors ... . . . . . . 15.3 Not a Public Dedication ... 15.4 Document Execution and Change 15.5 ~int Venture .•.. 15.6 Reasonableness of Consent 15.7 Lot 1 ..•. 15.8 Counterparts 15.9 No Consents 15.10 Wetlands 15.11 I-ot-2 -ii- 175_/005 :6/17/92:0\15 16 Rights of 9 9 10 10 10 10 11 11 11 11 11 12 12 12 12 12 12 12 12 12 14 14 14 14 15 15 15 15 15 15 16 16 16 16 16 17 17 17 HC~A·Agr.ncl • " I : , ' , ; , .. r ! r j • I N 0 l-i' ocr N '" 0 " M '" Ll ~ i ' .. I 0 .. ..; I-0 N ". , g) ,> i ,. ,- _0 ~:. '.1 '" .- a I I- W :::> 0 '" ,-, ,,' , \ • RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS - This Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Agreement") is made this 30th day of June, 1992, between RCliA Realty corp., a Washington corporation ("HC") and Powell-Orillia Associates, a Washington general partnership ("Powell") • RECITALS: A. HC Property. HC is the fee owner of Lots 2 and 3 as legally described on Exhibit A to this Agreement ("He Property") and as shown on the site plan attached hereto as Exhibit B ("Site Plan"). Such Lots may be referred to in this Agreement separately as "Lot 2" and "Lot 3". B. Powell Property. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on Exhibit C to this Agreement ("Powell Property") and as shown on the site Plan attached hereto as Exhibi.t B. Such lots may be referred to In this Agreement separately as "Lot 1", "Lot 4", "Lot 6" and "Lot 7". The reference in this Agreement to any "lot" in the Shopping Center shall refer to each of Lots 1, 2, 3, 4, 6 and 7. C. Shopping Center. The HC Property and the Powell Property shall be referred to collectively as the "Shopping Center" in this Agreement. D. Owner. The term "Owner" as used herein shall mean and refer to each person or entity which holds fee title to any portion of the Shopping Center and any successor of such person or entity acquiring said fee title fr.om such person or entity. The term "Owner", unless otherwise provided in this Agreement, shall not include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping Center. E. Purpose. HC and Powell desire that the HC Property and the Powell Property be developed subject to the easements and the covenants, conditions and restrictions set for'th in this Agreement. AGREEMENT: In consideration that the following encumbrances shall be binding upon the parties hereto and shall attach to and run with the HC Property and the Powell property, and shall be for the benefit of and shall be limitations upon all future Owners of the HC Property and the Powell Property and that all easements herein set forth shall be appurtenant to the dominant estates, and in consideration of the promises, covenants , conditions, restrictions, -1- 17541005 :6{17/92 :O~516 HC\lA-Ailr.ne1 m , f- 11.1 ~.:l " CO '1 'd 1-... , , j ,., .. , ," 0 1- W ::0 Cl '0 i I N 0 £' N 0 M ~ 0 N r:n o .. easements and encumbrances contained herein, HC and Powell do hereby agree as follows: TERMS ~TICLE 1 -DEFINITION OF EXCLUSIVE BUILDING AREA AND COMMON AREA 1.1 E.xclusiye Building Area. "Exclusive Building Area" as used herein shall mean those portions of the HC Property and the Powell property devoted from time to time to building improvements (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in depth), as the same may change from time to time as provided in this Agreement. "Building Service Areas" as used herein shall mean truck docks, compactor pads, utilities pads, pallet storage areas and receiving areas and similar service areas and facilities constructed solely for the use of the building located within the Exclusive Building Area. 1. 2 Common Are". "Common Area" shall be all of the Shopping Center except the Exclusive Building Area, Building Service Areas, and lJutdoor sales areas (as described and permitted in Section 4.7 of this Agreement) as the same may change from time to time as provided in this Agreement. 1.3 Conversion to Common Ar~. Subject to the rights of Owners under this Agreement, those portions of the Exclusive Building Area and Building Service Areas on the HC Property and the Powell Property which are not from time to time used or cannot under the terms of this Agreement be used for buildings shall become part of the Common Area for the uses permitted hereunder. An area converted to Common Area may be converted back to Exclusive Building Area by its development as Exclusive Building Area, if, at the time of conversion back to Exclusive Building Area, it does not violate any of the terms of this Agreement . ARTICLE 2 -USE 2.1 Prohibited Uses. The Owners recognize their respective customers' need for adequate parking facilities in close proximity to their premises and the importance of protecting such parking facilities against unreasonable or undue encroachment which is likely to resul~ from long term parking by patrons or employees of certain types of business establishments. As a consequence thereof, the Owners covenant and agree that no part of the Powell Property shall be devoted to ·the use or operation of a mortuary, theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, pool or billiard hall, betting parlor, bingo parlor or health club, and no part of the Shopping Center shall be devoted to the use or operation of a -2- 1754/005:6/17192:D~16 ~Jj.- I .-::-,; -; l-N 11.1 0 ~ l' " N 0 L) 0 'oJ M ',' l-t[) ''-0 ,> N ,. O'l 1- -' ') ", .- 0 I- LU ::0 Cl on . I .-- , o o - - pornographic shcp, adult book store, nightclub, or dance hall, or a tavern, cocktail lounge or any facility for the on-premises consumption of alcoholic beverages except as an incidental part of the operation of a restaurant or other food-related establishment. Each Owner agrees to maintain on its own property parking of five stalls for each ~,OOO square feet of Floor Area on such Owner's property, or the number of parking spaces required by applicable law, whichever is greater. "Floor Area" as used herein shall mean the total number of square feet of floor area in the building, except that Floor Area of outside sales areas and of mezzanines and basements not open to customers and incidental to ground floor retail operations shall not be counted. The Floor Area of any building st,all be measured from the outside face of all exterior walls and the center line of party or common walls. During any period of rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediately prior to that period. 2.2 Further Restrictimu;.. Except for the HC Property, no building of any size on Lot 1, and no building on Lots 4, 6 and 7 which has less than twenty thousand (20,000) square feet of Floor Area, or any portion of a building which has been segregated for a particular user and which contains less than twenty thousand (20,000) square feet of Floor Area, shall be used for the purpose of selling home improvement items, including without limitation lumber, hardware items, decor, fashion electrics, fashion plumbing, floor coverings, millwork, window coverings, plumbing supplies, electrical supplies, paint, wallpaper, siding, ceiling fans, gardening supplies and patio furniture; provided that the restrictions in this section 2.2 shall not apply to sales of such items where such sales are incidental to other nonprohibited uses and the gross receipts to the user from such prohibited uses, individually or in the aggregate, do not exceed ten percent (10%) of the total gross receipts for all sales by such user on an annual basis. Each user's sales shall be calculated separately. Notwithstanding the foregoing, the restrictions in this Section 2.2 shall not apply to (a) the following users: Best; Smith's Horne Furnishings; Krause's; Office Club; Office Depot; PetSmart; Pacific Linen; Circuit city; Future Shop; Magnolia Hi-Fi; Pier 1, or (b) to any other user which sells a product mix substantially similar to the product mix sold by any of the foregoing listed entities as of the date of this Agreement. 2.3 Permitted Uses. Subject to the terms of this Agreement, typical shopping center retail, office and service uses shall be permitted, including without limitation fast food restaurants (with drive-through windows) and banks or other financial institutions (with drive-through lanes). -3- 1754/005:6/17/92:0~16 HevA-Mr.",,1 0- i:i I ;j u <OJ " '" 0- 'L ,J ,. :-,., ..J ", - II 0 0- w \ ::> ! Cl i '0 I , ,-j . I , I i N 0 £'-N 0 M c.o 0 N a') i,' \ o - ARTICLE 3 -BUILDINGS 3.1 Location. Notwithstanding the general deplction en the site Plan attached as Exhibit B of building areas on some of the lots in the Shopping Center, no OWner shall have any restrictions under this Agreement on where a building may be located on an Owner's property or where Common Area shall be, except for the following: (a) Any building on Lot 7 may only be located within that portion of Lot 7 which is crosshatched and designated "Lot 7 Building Area" on the Site Plan attached as Exhibit B. (b) Any building on Lot 3 must be more than twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property line of I~t 4. (c) Any building on Lots 4 or 6 of the Powell Property must be at least twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east pr.operty line of Lot 4. (d) The first buildings constructed for long-term use on each of Lots 2 and 3 must be located substantially to the west of the north-south drive aisle line deoignated as "Initial Building Area" on the site Plan attached as ]iK.hibit B. HC and Powell agree that after the first such buildings are so constructed, any replacement buildings or expansion of existing buildings may be located anywhere on such Lots 2 and 3 so long as such buildings otherwise comply with any restrictions set forth in this Agreement. (e) Any building on Lot 1 must be located on the northerly half of Lot 1. (f) All improvements in the Shopping Center must comply with applicable governmental requirements. (g) The curb cuts and access areas on the north property lines of Lots 4 and 6 and the east property line of Lot 4 as drawn on the site Plan attached as Exhibit B cannot be relocated, diminished or impaired. (h) No change can be made to the access driveway along the nor.th property line of Lot 2 or the access driveway between Lots 4 and 6, all as drawn on the site Plan attached as Exhibit B. (i) He shall at all times provide reasonable access from the driveway marked as "Access Driveway" at the north of Lot 2 to the access driveway between Lots 4 and 6 also marked "Access Driveway" as shown on the site Plan attached as Exhibit Band generally in a north-south direction, provided such general north- -4-- 1714/005:6/17/92:0US16 HC'JA-A()r.nc1 -.-------~~==~-~~---------- I , , . , , , 'f-. :..:.:. "" :J 'C 1 i , ee' <1 ~~ j ,- ". Ii " ,. I ,-,., -' i I ,,' o f- w ::J Cl , o • south access may be reasonably located upon any portion of the HC Property. 3.2 Fire Protection. Any building constructed on the Shopping center with a gross building area, including mezzanines and basements, of twenty thousand square feet (20,000) or more, must be constructed with an automatic sprinkler system for fire protection. All other buildings in the Shopping Center must be constructed, maintained and used in a manner which will preserve the sprinklered insurance rate obtained on any building required to have an automatic sprinkler system. 3.3 l&mage or pestructiQll. In the event of any damage to or destruction of any building in the Shopping Center, the Owner of the parcel upon which such building is located, at its election, at its sole cost and risk and with all due diligence, shall either (i) restore or replace such building, subject to the provisions of this Agreement, or (ii) raze and remove all parts of said damaged or destroyed building then remaining and the debris resulting therefrom and otherwise clean and restore the Exclusive Building Area affected by such casualty to a level and clean condition; provided that all parking and access on such parcel shall be restored to its pre-casualty condition. ARTICLE ~ -COMMON AREA USE 4.1 Grant of Easements. Each owner, as grantor, hereby grants solely to the other Owners only for the benefit of said other Owners and their respective tenants, and such Owners' and tenants' customers, inv.i.tees and employees, a nonexclusive easement for roadways, walkl~ays, ingress and egress, access, the parking of motor vehicles and use of facilities installed for the comfort and convenience of customers, invitees and employees on the Common Area of the HC Property and the Powell Property, as more particularly located and described on the attached site Plan, as the same may change from time to time. The foregoing grant of easement is not effective as to any lot which is part of the Shopping Center until construction is commenced on such lot. 4.2 Use. Subj ect to existing easements of record and the terms of this Agreement, the Common Area shall be used for roadways, walkways, ingress and egress, access, parking of motor vehicles, loading and unloading of commercial and other delivery vehicles, for driveway purposes, and for the comfort and convenience of customers, invitees and employees of all businesses and occupants of the buildings constructed on the Exclusive Building Area. No long-term parking, park-and-ride, or storage of motor vehicles is permitted. -5- lTS4/005:6/17/92:D~\6 IIC11A·A,r.".,\ • I' I l 1 I- i.J '-' " u L) ,,' ,.: ". ,J ; .. :- .J .'. 'J ," -I 0 I- W =-0 (0 " ,- i. 'I N 0 [>. N 0 M c.!> 0 N r:n ., • 4.3 Access. (a) No Barriers. No walls, fences, or barriers of any kind shall be constructed or maintained on the Common Area, or any portion thereof, by any party which shall prevent or impair the use o~ exercise of any of the easements granted herein, or the froe access and movement, including without limitation, pedestrian and vehicular traffic between the HC property and the POwell property; provided, however, reasonable traffic controls, as may be necessary to guide and control the orderly flow of traffic, may be installed so long as access driveways to the parking areas in the Common Area are not closed or blocked. The only exception to this provision shall be (i) for changes to the Exclusive Building Area and Common Area permitted by this Agreement, and (ii) for incidental encroach- ments by an Owner upon the Common Area of an Owner's property, or as provided in this Agreement, which may occur as a result of the use of the ladders, scaffolding, storefront barricades and similar facilities resulting in temporary obstruction of the Common Area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of construction work being expeditiously pursued by an Owner on its property, or as provided in this Agreement. (b) stngina for Construction. Powell agrees that HC Inay temporarily use Lot 1 for HC's staging during the initial construction of the building on Lot 2. HC agrees that Powell may temporarily use that portion of Lot 3 to the east of Lot 4 as crosshatched and designated as "Powell Staging Area" on the site Plan attached as Exhibit B during the initial construction of the building on Lot 4 and the building on Lot 6. HC may relocate the staging area for Lots 4 or 6 of the Powell Property to a reasonable alternate location so long as such staging area is of substantially the same size and is not significantly more inconvenient to Powell than where the staging area was previously located. Any party using a staging area (i) shall not obstruct any access lanes on the Common Area; (ii) shall keep the staging area in a neat and clean condition during its use; (iii) shall leave the staging area in a neat and clean condition at the end of its use; (iv) shall use the staging area only for the minimum amount of time necessary for construction; and (v) shall quit claim to the other party the benefitted party's rights under this Section 4.3 (b) when the construction is completed on the property for which the staging area is provided. 4.4 Limitations on Use. (a) customers. customers and invitees shall not be permitted to park on the Common Area except Hhile shopping or transacting business in the Shopping Center. -6- 17S4/00S :6/17192:011516 HC\JA·Agr .ne1 • I • l- ." ::..:i u 0 . ) '" ',' ,..:: "-" :--:--, ') '" I ,- 0 I- w ::> Cl ,~ -, ,-- , 1 I, I' t' ; \ N 0 l'> N 0 M c.o 0 N ~ o (b) Emplovees. Employees shall not be permitted to park on the Common Area, except in the Common Area on an Owner's property where the Owner has designated such as "employee parking". The Owners from time to time may mutually designate and approve "employee parking areas", however, if they do not, each Owner may formally or informally designate "employee parking areas" on its own parcel for use by such OWner's employees or the employees of such owner's tenants. Notwithstanding the foregoing, no employee parking for the HC Property shall be permitted in the area which represents generally the row of parking immediately adjacent to the north property lines of Lots 4 and 6 or in the area which repre- sents generally the first four spaces of the six rows of parking immediately adjacent to the east property line of Lot 4, all crosshatched and designated as "No HC Employee Parking" on the site Plan at.tached as Exhibit B. (c) General. All of the uses permitted within the Common Area shall be used with reason and judgment so as not to interfere with the primary purpose of the Common Area which is to provide for parking for the customers, invitees and employees of those businesses conducted within the Exclusive Building Area and for the servicing and supplying of such businesses. Public telephones are permitted within the Common Area. (d) lIo Use Fee,. Persons using the Common Area in accordance with this Agreement shall not be charged any fee for such use without the written consent of the Owners unless such fee shall be ordered by a governmental authority. If a governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of parking spaces within the Shopping Center or any other similar fee or charge, then the Owners by mutual agreement shall use their best efforts to institute a uniform fee collection parking system for the Shopping Center. 4.5 utility and Service Easements. The Owners shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services in the locations generally as set forth in the plans attached hereto as Exhibit D necessary for. the orderly development and operation of the Common Area and buildings to be erected upon the Exclusive Building Area. The Owners will use their best efforts to cause the installation of such utility and service lines prior to any paving of the Common Area. Any Owner may relocate, at such O,mer's sale cost and expense, such utility and service lines so long as there is minimal interruption in service to any other property in the Shopping center and there is the same or better utility service to the other property in the Shopping Center after the relocation. 4.6 Signs. Except for directional signs for guidance upon the Common Area, no signs shall be located on the Common Area on the HC property or the Powell Property except. signs advertising businesses -7- 1754/005 :6/17/92:011516 HC\lA-Agr.nc1 --~--~~.~, -~==~===-~-------.--- - I I- 'd ::, " ,0 , 1 ." " .- ". ,1 >-:- -" .. , -I 0 I l-I w I ::> Cl .0 ,-- 11 ( N 0 r-. N 0 M ~ 0 N en I,' l • {) o • conducted therecn. No signs shall obstruct the access, ingress and egress points shown on the site Plan, as the same may be changed from time to time only in accordance with the terms of this Agreement. All signs shall comply with any governmental regula- tions. Any pylon sign on the Shopping center must be of a quality comparable to pylon signs typically used by national retail tenants. One sign may be located on each of Lots 2 and 3 in the locations designated on the attached site Plan, as the sign locations may be changed from time to time by the Owner. of the lot upon which such sign is located. The Owner of the HC Property shall be responsible for the cost and maintenance of any sign on the HC Property. Lots 1, 4 <'.nd 6 may each have a sign in the locations designated on the site Plan attached as Exhibit B, as the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located, and the Owner of the property upon which the sign is located shall be responsible for the cost and maintenance of such sign. One sign may be located on Lot 7 in the location designated on the attached Site Plan, which sign shall be constructed by HC. Such sign shall be divided into three equal blocks, one on top of the other. Powell agrees that HC may designate the users for the top two blocks of the sign (which users must have businesses conducted on Lots 2 or 3). Powell may designate the user for the bottom block of the sign, which user must be a business conducted on Lot 7. HC shall pay two-thirds of the construction cost and maintenance for such sign on Lot 7. Powell shall pay one-third of the conGtruction cost and maintenance of such sign. A party's share of the construction cost for the sign shall not be due, and such party's obligation to pay maintenance costs for the sign shall not commence until that party actually uses the allocated space on the sign. Except for HC's use of the sign on Lot 7 as described in this section 4.6, no Owner of any of the lots in the Shopping Center shall have the right to use any sign on any other lot in the Shopping Center, except with the consent of the Owner of such other lot, which consent may be withheld in such Owner's sole discretion. 4.7 outside Merchandising. Except as provided in this Agreement, the selling, displaying or merchandising of goods shall not be conducted upon the Common Area. Each Olmer or Owner's tenants may use the sidewalk immediately adjacent to the Exclusive Building Area on such Owner's property to the extent allowed by law for the placement of shopping carts and for the display of merchandise being sold from the building on such property and for the sale of food and nonalcoholic beverages from outdoor vending carts, -8- 17S4/005:6/17/92:0USI6 IlC\lA-Agr.nc1 ---_·~===~========~~_= ___ "_,4~~_. _______ _ l-N '.J 0 '.' l" :.J , , N '" cl 0 '" M l-t&! I,. 0 .' N ,.. ~ :-,., ...J .) ", ,- 0 I- w ::> 0 ,~ ., ,-- o - provided the pedestrian use of the sidewalk shall not be unreasonably impeded by any such use. Notwithstanding the foregoing and so long as not prohibited by applicable lay" any Owner shall have the right to conduct occasional sales or may sell Christmas trees within the Common Area located upon such Owner's parcel, provided that such activities shall not be conducted within fifty (50) feet of the property line of any property owned by any Owner without the consent of such Owner, which consent may be withheld in such Owner's sole discretion, and such activities shall not interfere with the ingress and egress and traffic flow/drive areas of the Common Area as the same may change from time to time. ARTICLE 5 -COMMON AREA DEVELOPMENT 5.1 pevelopment T~. When any building is constructed on a parcel, the Common Area on that parcel shall be developed at the expense of the Owner of said parcel. ARTXCLE 5 -COMMON AREA MAINTENANCE 6.1 Ma intenance Standard:>,. Following completion of the Common Area improvements on an Owner's property, that Owner, at its sole cost and expense, shall maintain the Common Area on its parcel in first class condition and repair and in compliance with all applicable laws. without limiting the generality of the foregoing, the maintenance shall include the following: (i) Maintaining and repairing the surfaces in a level, smooth and evenly covered condition with the type of surfacing material and striping originally installed or such substitute therefor as shall in all respects be equal in quality, use and durability; (ii) Removing all papers, debris, filth and refuse and washing or thoroughly sweeping the area to the extent reasonably necessary to keep the area in a neat, clean and orderly condition, and free of snow and ice; (iii) Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (iv) Operating, keeping in repair and replacing when necessary, such artificial lighting facilities as shall be reasonably required; (v) Maintaining any perimeter walls in a good condition and state of repair; and (vi) Maintaining replacement necessary. 1754/005:6/17/92:0~16 all landscaped of shrubs and -9- areas other and making such landscaping as is HCIIA-Agr.ncl :i ,; ,; ~i , " t ". l- i.J ;.:; u 0 <l I ." i -,- 1- "--, 0- 1- .J J , ." ,- 1 0 l-I w I ::> I 0 . '" ,-j , , IJ I ! I • , N 0 I:" N 0 M c.o 0 N f]') o • - 6.2 Maintenance by Agent. Subject to the revocable mutual agreement of the owners, a third party may be appointed as an agent of the Owners to maintain the Common Area in the manner as outlined in section 6.1. Said third party may receive a fee for such agency which fee is mutually acceptable to the OWners to cover supervision, management, accounting and similar services and Which fee is to be allocated among the Owners based on their mutual agreement. ARTICLE 7 -INDEHNlFICATION, INSURANCE 7.1 Owner's Indemnification. Each OWner ("Indemnifying Owner") hereby agrees to defend, indemnify and hold harmless the other Owners and other Owner's tenants from and against all demands, claims, causes of action or judgments, and all expenses and reasonable attorneys' fees incurred in investigating or resisting the same, for bodily injury to person, loss of life or damage to property (i) occurring on the Indemnifying Owner's parcel, except to the extent caused by the negligence or willful act or omission in whole or in part of any other Owner or the tenants of such other Owner or the employees, contractors or agents of such other Owner or tenants, or (ii) occurring on another Owner's parcel if caused by the negligence, willful act or omission of the Indemnifying Owner or the tenants of the Indemnifying Owner or the employees, contractors or agents of such Indemnifying-Owner or tenants. To the extent the Indemnifying Owner is liable with another person or entity for any demand, claim, cause of action or judgment, the foregoing indemnity shall only apply to the Indemnifying Owner's portion thereof. 7.2 Insurance. Each Owner shall obtain and maintain comprehensive general liability insurance during the term of this Agreement. The limits of liability of such insurance shall be not less than Two Million Dollars ($2,000,000.00) combined single limit coverage for injury to person, loss of life and damage to property arising out of any single occurrence. The dollar limit set forth above shall be increased on the commencement of the sixth (6th) year after the date of this Agreement and at five (5) year intervals therea£te~: by agreement of the O~rners who shall mutually agree by Using commercially reasonable limits with reference to the limits of insurance for similar shopping centers in King County, Washington. He may self insure for its obligations under this section 7.2 provided that it maintains a net worth of at least $75,000,000 at all times during such self-insurance and provides any other Owner with satisfactory evidence of such net worth within ten (10) calendar days of sl1ch Owner's written request therefor. Upon request, each Owner shall provide the other Owners with a copy of a certificate of insurance evidencing such insurance. All Owners shall name each other as additional insur.eds on their respective policies (including during any period of construction) and &hall obtain contractual liability insurance for their indemnification -10- 1754/005:6/17/92:0Y516 =~=L=== __ JaiW --= ............ a;:;:;A -=-- I N r.: 0 '. oJ l'" '-' N () 0 u M u '" (.0 '-0 I- ' .. N " a') ,- i-,., -, '" 0 t- "' :::> Cl '0 ., ,-- 1'1,' . \ , o • obligations under this Agreement:. No policies may be canceled without thirty (30) days notice to the other owners, subject to any lesser period of time or other agreement by applicable insurance companies. ARTICLE 8 -REALTY TAXES AND ABBESDMENTB 8.1 Real Estate Taxes and Assessments. It is intended that all real estate taxes and assessments relating to any portion of the Shopping Center or improvements thereon, or the ownership thereof, shall be paid prior to delinquency by the respective Owners thereof, including without limitation those taxes and assessments which are levied against that part of the Common Area owned by each Owner. In the event any Owner fails at any time to pay before delinquency its taxes or assessments on any portion of its parcel or parcels, and which may become a lien on any of the Common Area, then except while the validit~' thereof is being contested by judicial or administrative proceedings, any other Owner may pay such taxes and/or assessments together with interest, penalties and cost, and in any such event the defaulting Owner obligated to pay such taxes and/or assessments shall promptly reimburse such other owner for all such taxes and/or assessments, interest, penalties, and cost and other charges and until such reimbursement has been made the amount thereof shall constitute a lien and charge on the defaulting Owner's parcel, subject and subordinate, however, to any bona fide mortgage o~ deed of trust made in good faith and for value then outstanding against said parcel. If allowed by the assessing agency, assessments may be paid in installments for the longest period permitted so long as no delinquency occurs. ARTICLE 9 -EMINENT DOMAIN 9.1 ~~Right to Award. Nothing herein shall be construed to give any Owner any interest in any award or payments made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's parcel or construed to give the public or any government any rights in the Shopping Center. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Area, the award attributable to the land and improvements of such portion of the Common Area shall be payable only to the Owner in fee thereof and no claims thereon shall be made by the Owners of any other portion of the Common Area. 9.2 Collateral Claim~. All other Owners of the Common Area may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another Owner. -11- 1754/005:6/17192:0V516 HCIIA-Agr .nel , i • " , I n I- w 0,1 ,- I- ". ,0 :-,., -' ':-j "I o I- WI ::>1 0, ,~ I ,-I 1 r , I ,\ I N o I:' N o M ~ o N (1') o • 9.3 Restoration of Common Areas. The Owner of the fee of each portion of the Common Area so condemned shall promptly repair and restore the remaining portion of the Common Area owned by it as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer without contribution from any othar Owner. ARTICLE 10 -CANCELLATION, MOD!PICATION, DURATION 10.1 Cancellation or Modification. This Agreement may be cancelled or modified only by the written agreement of all Owners of the Shopping center, which cancellation or modification agreement shall be recorded in the office of the County Recorder of the county in which the Shopping Center is located. No Owner shall unreasonably witlmold or delay its consent to a proposed modification to this Agreement. Without specifying ot.her reasonable grounds for withholding consent, an OWner may withhold consent based on material adverse financial impacts to an Owner's parcel in the Shopping Center as a result of the requested modification. 10.2 Duration. Unless otherwise cancelled and terminated as permitted herein, this Agreement shall continue for sixty (60) years from the date of this Agreement and shall be renewed for an unlimited number of successive terms of ten (10) years, unless all Owners agree otherwise; however, all the easements granted in this Agreement shall continue in perpetuity. ARTICLE 11 -RELEASE PROM LIABILITY 11.1 Release from Liability. Any person or entity acquiring fee or leasehold title to any portion of the Shopping center shall be bound by this Agreement only as to the parcel or portion thereof acquired by such person or entity. Such person or entity shall be bound by this Agreement only during the period such person or entity is the fee or leasehOld owner of such parcel or portion thereof, except as to obligations, liabilities or responsibilities that accrue or are based on events which occur during said period. Although persons or entitles may be released under this section, the easements, covenants and restrictions in this Agreement shall continue to be benefits and burdens upon the Shopping center running with the land. ARTICLE 12 -DEFAULT 12.1 Default. In the event of default or threatened default under this Agreement, only the Owners shall be entitled to institute proceedings for full and adequate relief from the consequences of said default. 12.2 Remedies for Default. If the Owner of any parcel, during the term of this Agreement defaults in the full , faithful and punctual -12- 1754/005:6/17/92:00516 HCUA-Agr.ne1 -- i 1 ~ . ,: • I N f-0 'LI l'" '" N " 0 Cl '.1 M '" ~ ,-- ,i 0 ". N " ~ I :>-:- -' -' , , , ", I. 0 f- W i ::> a '0 -I I i , c • performance of any obligation required hereunder and if upon the expiration of thirty (30) days after written notice from any other Owner stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then any other Owner ("Performing Owner"), in addition to all other remedies it may have at law or in equity, shall have the right to perform such obligation of this Agreement on behalf of such defaulting Owner and to be reimbursed by such defaulting Owner within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (18%) per annum on the maximum rate allowed by law. Any such claim for reimbursement, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a proper claim of lien by the claimant in the office of the County Recorder of the county in which the Shopping center is located. The claim of lien shall include the following: (i) the name of the claiTaant; (ii) a statement concerning the basis of the claim of the lien; (iii) the last known name and address of the Owner or reputed Owner of the parcel against which the lien is claimed; (iv) a description of the property against which the lien is claimed; (v) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (vi) a statement that the lien is claimed pursuant to the provision of the Agreement reciting the date, book and page of the recordation hereof. The claim of lien shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the Owner against whom the lien is claimed, either by personal service or by mailing to the defaulting Owner as provided in Article 13. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced by SUit, or under power of sale (which power is hereby granted), judicial foreclosure or in any other manner allowed by law for the foreclosure of liens. A Performing OWner is hereby granted the right to enter upon the parcel of the defaulting Owner for the limited purpose of curing a default as provided under this Agreement. Any exercise of the power of sale or foreclosure shall be conducted in accordance with the laws of the State of Washington applicable to the exercise of powers of sale in or foreclosures of mortgages and deeds of trust. If appropriate, a Performing Owner is hereby appointed the trustee for purposes of exercising such power of sale, with full right of substitution. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of tLUst given in good faith and for value now or her.eafter encumbering the property subjected to the lien, whi.ch mortgage or deed of trust was recorded prior to the recording of the lien, and any purchaser at any foreclosure or trustee's sale (as ~Iell as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise subject to -13- lT5\/OOS:6/17/92:0~16 HCUA-Agr.nc1 du .. .. iWOiSiILiAli fQf N· . - I I I I .. I- W S u '" '-l ". ~, ,., _J ....:: ) '- ,,' ,- o I- W ::> OJ '" I . , i-I I , ! (. i o ... the provisions of this Agreement. The failure of the Owner or Owners ot any of the parcels subject to this Agreement to insist in anyone or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. 12.3 Attorneys' Fees. In the event t~at suit is brought for the enforcement of this Agreement or as a result of any alleged default hereunder, the prevailing party or parties to such suit shall be entitled to be paid reasonable attorneys' fees and costs by the non-prevailing party or parties, including those on appeal and any judgment or decree rendered shall include an award therefor. 12.4 Governing Law. This Agreement shall be governed and enforced by, and construed in accordance with the laws of the state of Washington. ARTICLE 13 -NOTICES 13.1 Notices. Notices made by the OWners pursuant hereto may be served personally or via overnight courier or may be served by depositing the same in the united states mail, postage prepaid, certified mail, return-receipt requested, addressed as follows: If to Powell: Powell-Orillia Associates 737 Market street Kirkland, WA 98033 Attn: Peter W. Powell with a copy to: If to HC: with a copy to: Robert C. MacAulay Alston, Courtnage, MacAulay & Proctor 1000 Second Ave., ste. 3900 Seattle, WA 98104 c/o Waban Inc. 140 Orangefair Mall, Suite 100 Fullerton, CA 92632 Attn: Vice President, Real Estate c/o Waban Inc. One Mercer Road Natick, MA 01760 Attn: Executive vice President, Finance Notice shall be deemed given when served personally upon or delivered by overnight courier to a person of suitable age and discretion, or if mailed, three (3) days after deposited in the U.s. mail. -14- 17S4/005 :6/ 17/92:011516 IICIIA 'Agr .nel '% tt%=--a&g;q J , . , 'l- 'd ,.:j , " I •• ::.) " '" I- ". , , ,... ,-,., -" '" - 0 I- w ::> 0 ,n , -- ! , i ! i , J I i I ! II 'I ',' I \ , ' N 0 l" N 0 M c.D 0 N en o " • 'rhe foregoing addresses may bl"! changed by written notice given pursuant to the provisions of this section. ARTICLE 14 -LENDER PROTECTION 14. l. Lender Protect ion. This Agreement and the rights, pri vil.eges, covenants, agreements and easements hereunder with respect to each Owner and all. parcels, shull. be superior and senior to any lien placed upon any parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but all of the covenants and restrictions, easements and conditions and other provisions, terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity (including any mortgagee or beneficiary under a deed of trust) who acquires title to any parcel or any portion thereof by foreClosure, trustee's sale, deed in lieu of foreclosure or otherwise. ARTICLE lS -GENERAL PROVISIONS 15.l. lLo Covenant to Operate. !lothing either expressed or implied, contained in this Agreement shall obligate any Owner or any Owner's tenants to continuously operate any type of business on its parcel. 15.2 &!ruJ.ing of Benefits and Servitudes, Rights of Successors. The easements, restrictions, benefits, and obligations hereunder shall create mutual benefits and burdens upon all the parcels of the Shopping center running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. The singular number includes the plural and any gender includes all other genders. 15.3 Not a Public DedicatiQll. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the COJll!llon Area to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Common Area or the parcels herein affected, or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the Owners. Notwithstanding any other provisions herein to the contrary, the Owners by mutual agreement may periodically restrict ingress and egress from the Common Area in order to prevent a prescriptive easement from arising by l:'eason of continued public use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive -15" '7S4/00S:~/'7/92:0Y5'6 I --'-' " f- ,cO :j u c" (.1 '" ,- ". ,) ,. :-,., -, "'. ) ," .- 0 f- W ::> Cl '0 .-- , i Ii , I! , ; ; \ I N 0 r--N 0 M ~ 0 N (J') o o • I easement and shall occur at such a time as to have a minimum effect on the operation of the Shopping center. 15.4 Document Execution and Change. It is understood and agreed that, until this document is fully executed and delivered by the authorized corporate officers of the parties hereto, there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. It is further agreed that, once this document is fully executed and delivered, it contains the entire agreement between the parties hereto and that, in executing it, the parties do not rely upon any statement, promise or representation not herein expressed and, except as permitted by section 10.1 of this Agreement, this document, once executed and delivered, shall not be modified, changed or altered in any respect except by a written document executed and delivered in the same manner as required f'Jr this document. 15.5 No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other joint or equity type agreement between the Owners. 15.6 Reasonableness of Consent. Unless otherwise provided herein, whenever an Owner's agreement or approval is required under. this Agreement, such Owner shall not unr.easonably withhold or delay such agreement or approval. 15.7 Lot-1. Powell intends to develop Lots 1 and 7 in the future, althcugh there are no current plans for such development. Other than the terms of this Agreement, no Owner may place any restrictions on the development of Lot 7. Powell agrees to not commence the processing of any governmental entitlements for construction on Lot 1 until the earlier of (a) that date upon which HC has commenced construction of improvements on Lots 2 and 3; or (b) that date which is two (2) years from the date of this Agreement. Prior to any development of Lot I, Powell will be required to obtain applicable governmental approvals. Powell's development of Lot 1 shall be subject to site plan approval by the Owner of Lot 2, which approval will not be unreasonably withheld or delayed. In connection with any development on Lot 1, Powell agrees to not disrupt the traffic flow on Lot 2, not diminish any utility services provided to Lot 2 and not provide any off-site amenities to obtain approval for development on Lot 1. HC agrees that in connection with any development on Lot I, Powell may make curb cuts directly opposite and to match the curb cuts on Lot 2 which are directly opposite the south border of Lot I, as designated on the attached site Plan and as the same may change from time to time, all such work at Powell's sole cost and expense. 15.8 Counterparts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document. -16- 17S4/00S:6/17/9l:D~16 HC1<A-Agr.ncl - '. :, , !; • N 0 I-~ ;;:; N :i 0 <l M u I (.1 c.o '" I 0 l-N ". en ,) ,. i-,,' -' -~-'J ,,' a I- w ::> 0 <0 i-'. ( \ . " o Only the original counterpart signature and notary pages need be recorded with one copy of this Agreement. 15.9 No Consents. Except as provided in this Agreement, development on any property covered by this Agreement is not subject to any consent from or to HC or Powell. All development will be subject to satisfaction of applicable lot coverage, density, parking and other zoning and land use requirements of any governmental authority with jurisdiction. 15.10 Wetlands. As part of the governmental approval for develop- ment of the HC Property, the Owner of Lot 7 must provide and agrees to provide to the City of Renton one or more easements for wetlands preservation of approximately 65 feet in width, or such greater area as required by the City of Renton for the development of the HC Property as such development is currently approved by the city of Renton. Powell understands that the legal description for the wetlands preservation easement is as currently set forth in attached Exhibit F. such easement will be recorded separately. All costs associated with the maintenance of the wetlands preservation a~ea on Lot 7, except real property taxes, shall be paid by Lots 2 and 3. The wetlands easement area shall be maintained to a standard designated by !lC. 15.11 Lot 7. Powell, as Owner of Lot 7, hereby conveys and quitclaims to the other Owners in the Shopping Center for the benefit of the Shopping Center a perpetual, non-exclusive easement for ingress and egress, and access over and across that portion of Lot 7 legally described in attached Exhibit E ("Driveway Easement property"). The COGts to maintain the Driveway Easement Property shall be shared prorata by all the property in the Shopping Center, provided that no lot is obligated to contribute to maintenance costs for the Driveway Easement Area until construction commences on such lot, and then only for such lot's prorata share of mainte- nance costs thereafter. The prorata share shall be the percentage which the square footage of a lot upon which construction has commenced bears to the total square footage of all lots in the Shopping Center upon which construction has commenced, except Lot 7, which square footage shall be deemed to be 30, 000, and Lot I, for which the lot square footage shall be determined based on the buildable area of the lot, excluding property dedicated to wetlands preservation and similar to the method used by Powell to determine the buildable area for Lot 7. The following square footages for lot size shall be used for purposes of this section 15.10: 1754/005:6/17/92:DWSI6 Lot 2 Lot 3 Lot 4 Lot 6 Lot 7 Lot Square Footage 445,313 586,312 35,000 35,000 30,000 -17- HC1IA·Agr.nel - i'. ,', ,> "_,; " " ! -,', , ,. : '." '" " . : .' " i ~, I', , . ;i • I 0- W :~: ~ :.:> t.l ~ I' 'oJ , i ',' i= ". ,) ;-1-,., -' ...;: 'J r. '" ;- . , .' '\ ,I o o • I ... HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a pl."orata share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. By~~~~~~~~~~+ Peter W. General Partner EXHIBITS HCWA REALTY CORP., a Washington corporation By ____________________ ___ Its ____________________ , By __________________ ___ Its ____________________ ___ A Legal Description of HC Property B site Plan C -Legal Description of Powell Property D -utility Plan E -Driveway Easement Area F -Wetlands Preservation Easement Area -18- 1754/005 :6/17/9Z:D~516 IIC11A·Agr.no1 , " I;: I" , , ',' 1 ' , ' I :i ,". ,,' l ,:'~ ; .: , .' , " I:: ~ '-f i-': f-I~ ... :..s u N Q u 0 ." l'" ~.:.: N t-... 0 ~, M >. to ,-0 ... --' N ~, " en (' ,,' ;- 0 f- W :::> '" '" ,~ ,- ,~ , l' • .. \ I STATE OF WASHItlGTON • COUNTY OF ..;.~~~+-_ I Iss • I o - On this fl.?rJ. day of .11M\t. , 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Lloyd W. Powell and Peter W. Powell, to me known to be the general partners of POWELL-ORILLIA ASSOCIATES, the partnership named in and which executed the foregoing instrument: and they acknowledged to me that they signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose tr~e signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. 1754f005:6fI7f92:D~16 ~1J.~f- NOTARY PUBLIC in and for t~e Se of Washington, residing at ~~ My commission expires:.J1I-,~/cz...·...L.I.: ___ _ -19- HCIIA·Agr.nol --:----"--'---'~-~":"'.'-';,-.'-~-' .. I '" co !' I- <. ,,' .- o I ' I-~l <" ; t , . . • . \ .. N o l'" N o M tD o N C1l o • f HC sh~ll maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an O.mer obligated to pay a prorata share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a Washington general partnership BY~~~~~~~ ____ ___ Lloyd W. Powell General Partner BY~~~~~ __ ~ ______ ___ Peter W. Powell General Partner EXHIBITS A -Legal Description of He Property B -Site Plan s pr:esickn± Its. ____________________ __ C Legal Description of Powell Property D -utility Plan E -Driveway Easement Area F -Wetlanda Preservation Easement Area -18- 1754/005:6/17/92:D~16 - _~ ___ ~~_~.~_m~tt~=_ .. _= _____ • ___ ~~_",,_ .. ·,,·· .. _._ ... "_-.,,, .. , __ ,, ......... • I I- 'i> '.' :j () o " 'oJ :L.; I-. ,. ,) :>-1-, ., -' -; c. 'ot o I- w ~ Cl ", . ~ N o t" N o M to o N en • - C 1'1' . U "rol'n, "- STATE OF I1ASlIIIW'l'OIl ) ) ss. COUNTY OF OVc1Q'tl' ) On this 23 ,oj day of Jun-e. , 199" before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared .John F. Lov,} aRQ to me known to be the pY1"S i (I-co±-r aRd , -rel!l"eetiY~, of RCWA RFALTY CORP., the corporation named in and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written.. . j -n_'~pY~"'07:"~:::,/-:--.--=---=-~ __ -~~-=--=--:----=-1 • • ~~UBLIC in and for the state of '.Id -'-rcAJ<-<.,,,-,, Waehiftgteft, residing at~I,u'P,'.\:fro,-. d-, My commission expires: '1-10 -";~ @ OFflCIAlNOTARYSEAl • , UNOA IWlSEN ,.. Neary NlIIc -CoI1orria ORAHGE COUNTY My C:.rm. EJIlIn>I SEP 10,lm -20- 175'/~05:6/17192:D~16 HC1IA-Agr ,nol I I- W ~ tl (;) L1 '" :.1.: l- I,. ,) :-1-.. , -' .J: 'j r.- '" ,- 0 I- w ::> Cl ,n " 1-'- , I \ \ I I I ( I , , N 0 ~ N 0 M ~ 0 N en • o • ( .. He shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to p~y a prorata share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoiceo, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other owners shall have the rights and remed1es provided in section 12 of this Agreemen~. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a Washington general partnership HCWA REALTY CORP., a Washington corporation BY~~ ______ ~ ______ __ By ____________________ __ Lloyd W. Powell General Pllrtner ItSt ______ ~p,~~~~~!~rt~ ________ _ By~~----~--~--------Peter W. Powell General Partner BXHIDITS A B --Legal Description of HC Property site Plan Its -. temI!lQiII '"" 1\ C - 0 -Legal Description of Powell Property utility Plan E -Driveway Easement Area F -Wetlands Preservation Easement Area -18- '75~/005:6/'7/92:0~'6 . • HOO·Agr.ne' 1-'----___ - ~i " J ! I • • - ~oJw1.fU~ SI&'Ja!E OF WASIIIlI{,;TON ) COUNTY OF ~ l ss. On this "Z'-rlt day of ~ , 1992, before me, a Notary PUblic in and for the State ~a~hington, duly commissioned and sworn, personally appe~de. t.F7;:;t:::t1f:::::.i;. ~. , to me known to be the £t ~ , respectively, of HCWA REALTY CORP., the corporation named in and which executed the foregoing instrument: and they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this aC~lowledgment are the persons whose true signatures appear on this dccument. WITNESS my hand and official seal the day and year in this certificate above written. 1754/005:6117/92:D~16 N~:tpu-tr:d~~he ~~ V@:lWili~, residing at ______ _ MY-C~~on expires! _______ _ MARY T. SLATIERY Nolery Public Mt Commlsslon ExpIroa March 12, 1993 -20- '''''''' HC\IA'Agr .MI " , " , " ! i , u I r o • f • .. EXlIIBIT "A" LOTS 2 and 3, BUJlLIHGTOH HOIlTlIERN, A BINDING SITE PLAN, ACCORDING TO CITY OF RENTON BINDING SITE PLAN RECORDED JUNE--.!m 1992, IN VOLUME It.; OF ~LATS, PAGES f-1/ , AS KING COUNTY RECORDING NO. 9i£i? 2v 49£' ~ ,_, N :5 0 u l" '" L) N '" 0 :....: I-M CD ~ , ,- ,0 0 ,.. ,-N .' .-, en -' ::' ~: .) <. "I ;- a I- w ::;) '" on .... 1- .~ I -' -----------------------.... _----.. _ .. _--._-_ .. _-------_ .. . 1 t-._. ::.:; U U U '0/ c >- ". ,) :-:-.. , ...J j c- ." a >- w => Cl '.0 ~ i I' . '. I .' \ 0 z ~ I I I~ " "" ... -.. -~ ......... -~ ......... - -..... --........ _ .. :::::~.!'., .. ~.~--.... -_.-_ .. . -~.-....... .. .1 :.-.:.._ ::.u_ 'I. , .. -.. I'I~": -, !I __ .. ,,! =~ ~)-..... -"' I =--=_ I I ==::.::.~ .... --_. ----.-._-~--.. ~---,--......... =~ =:::-._- ... r •• ca ... .. . .. . ~) ... ,.-- ~-= ... : ---.oo. ---.... ... -..-_ . ....... --.-.----- s.w. .. ":i~Ht:::Et lI:I:,,- ,.' t(lT A P.ART -~.-,-_._._._._._._._._._._._._._._._,_.-._ .... _._._.--._._._._.-._._.-._._._._._.-.-._._._._._._._._._._._._._._. , --_._.=._.=_._=. =s=. w=. =4=.1S=T:r--·S=T=R=E=E=T===t-tr-. -~~"-~a~=;,l=_~-~'~~ .. EXHlfJ1T B < < L I' ~ '~'I ff '. I. (, 'j I. : .. i i'l . t,) ( ~, ~. '.' ; .. '., j ,] i" ;"'~~ " ; .j' :',; " .~ I,i ; f ;:i ~ ."l i·J 1:1 01 f, f\ i'; .! ll~ I' I' ,., I .' , '.1 ,'. I. I! :-( I l:- I' I) ;1 i: " t'·; C::-',1 l- i:] ',' :3 u o u '" '" I- :-I-.' . ..J 'J (' ", ,- o I- W ::J o 1- I 1 . 'itzSar:nW ,. N 0 ~ N 0 r') c.t:J 0 N 0') I I i 'i. "I I' u! I ST~ LEC£N) (i) ,.. .... _ .. _-., ~.-.. -... .. -.. --...... - -...... _-:::::~":",,, ,.,,--... _--.-_ .... --_._ ......... ill! STAT$TCS ~- _ ...... ---_. ~--~--_. --· --· _.-:, ...... --'-:7E:. , · ---... --_ .... -..--... -_ . -~-.. _------ • S~lIE PILAN U"s<)iIJl/aO" _ •. ........ ---. ... , .. _- ~..:.: " , --:::~:::. :1 ... ·•· ... -,-._-. _ .. . -._ ... ---0-• --_ .... ----' ..-._-.:.::.:"--_ ... - .... .. 1:1 '. ><>C if;'f- ® ,~ s:z:.- ~- :--........ @ p~ KlT A PART -... --_._._._.-.'._. ,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,.,.,_'_'_'_,,·,·,,·,11-,-,·,· , S.W. 41ST STREET ,~====--------------------==--------------- ... -_ .. _.- II I I I I I I I I '(1 \: . " ~ I' " ( f~ :~, " , " ~ '~ i,: f'1 1.\ I,; P 1'.1 '" ,', " " I, " il" , I ti ( R Il S 11 ., VI ,~ If! r,' I" " Ii t, ~ 1-: , I' ., ;.f ;:: i; p .. " ~ I I . I I- L.:i ',,: f '-' U U' Ll 'oJ ',' ,:: ''-,) :--1-,., -, ') ,,' w ::> o ,- , . ish'" ,,,,6,.,, ::··::'i(,"','',';''·V''*&1ilr{ir·,'','"'' F • N o ~ N o C"',) Cl) o N 0') , , t 1 1 1 1 ,.. 1 1 " 1 I 1 1 1 1 i i 1 1 1 1 i I~ ! ---1' 1 Y :! " : , I , " -, ...... ---"'--. ' ....... _.---_.--.-:= .. "':" .. , ... f ..... .... .. ... :, ......... _-. , -._... . ----.... . --_ .. . ... --_ . ..... _-=.---- 4Ab 4.1, 1~.'7 S.W,34 TH STREET .... .. v-I; ,,-'. ,-- --.-.-.---.--.--.--.-.-~ i ,'-I r" ! )' <, I , " I-:z. .... '.' :..s u ..::> 0 '" ~.t..: I-... " ,... ,-,., _J -. 'J I. ," ;- 0 I-.... ::J 0 I~ ,- ~ 1 " .' I' \ • • EXlIIBIT "c" Loto 1,4,6 and 7 BURLINGTON NORTHERN, A BINDING SITE PI.AN, ACCORDING TO CITY OF RENTON BINDING SITE PLAN RECORDED .TUNE --"'3.::::0 ____ ,1992, IN VOJ.llHE It:. I OF PLA'fS, PAGES !?--/1 , AS KING COUNTY RECORIDNG NO. fj1fl(..P Uf16 til 0 t-N 0 M CD 0 N O'l =~-~---------------.-~. ",. . ... -."' ' I ! G 'j ,. " '! :\ ,1 :i ,I -, :-1 I f-' --: ' tl.! ! ~: " . .... -' ' ~) i , 01 ; "'-j f-, ~'i ! ,. :-I '-,:; I i I : " ( ;\ w' :::>' 0' \ , ' N o ~ N 01 MI C4:) o N Cf'l , I ! I 1 ! . I R 1l"QJ~f\!IEUl1 & ASSOIC~A lfIES 1h101W1EICUJiffi IN A~IEIHlOQJSIE AAOHlCTt fV4TCll I,ONE."" ""'" VA!a,mCll ________________ ,_tf __ ==51~.;;=JI~= ___ ~ __ ~~_ I I ------Il , ---'---11 I ..... I h 1. i' r ~ I ------1;· II II I f' I ".-:,' -.-: '"'"- . 1 , • . ' f-. I~ f :.;)1 <I. '" '.J I. 1 oJ ~ "": ; . -I o , f-., I.JJ i iSi r1 ~ • 1 '-:: I I !. , I ' . \ , ~ ~ ~ CJ:) o N (]'), , , .., , I i I i I I I i· I I o _;0 II: » LO 0-.Z '0 o .~ - /( /," 1'</ .~ ~ / '\ . . ". . ~.' . o -", -'. /' " ~.: ",- If ~. § > r(/ 'U ~ ~ .~H\&rr12 .. ...... == '. ~" ~-~---- / , -, ~i - .. . I i I 1 i I \ , \ i I , , " , " ',': I f- ;;:; '.' .:s u '" " 'of ',' .:: ". ,0 :-i-,., -' ~ . . ) , ," 0 f- w :::> Cl '" ., i-- · ) I N 0 ~ N 0 "" ~ 0 N en o - .. BUSH, ROED & HITCHINGS. INC. EXHIBIT E ACCESS EASEMENT DESCRIPTION THAT PORTIor; OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUHE i£L __ OF BINDING SITE PLANS, PAGES J2:_ THROUGH -iL-' RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, HAVING 15.00 FEET OF SUCH IUCTH ON EACH SIDE OF AN EASE~lENT CEN- TERLINE DESCRIBED AS FOLLOI-lS: COMHENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 01"50'09" EAs'r 18.00 FEET ALONG THE EAST LINE THEREOF TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE AND THE BEGINNING OF A NON-,!'ANGENT CURVE CONCAVE TO '!'HE NORTHEAST HAVING A RADIUS OF 120.00 FEE'!' (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 00°54' 35" \-lEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: THENCE I-lESTERl.Y AND NORTHWESTERLY 109.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°12'09"; THENCE NORTH 36°53'17" WEST 173.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 120.00 FEET; -rtIENCE NORTHlmSTERLY AND WESTERLY 83.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°49'13" TO THE WESTERLY LINE OF SAID LOT 7 AND THE TERMINUS OF SAID EASEMENT CENTERLINE, AND FROI" SAID TERHINUS SAID POINT OF BEGIN- NING BEARS SOUTH 49°02'54" EAST, 352:66 FEET DISTANT. TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 83°06'1.8" EAST); THENCE NORTHERLY 25.85 FEET ALONG SAID CURVE AND WESTERLY LINE AS SHOWN ON SURVEY RECORDED 1N VOLUME 80 OF SURVEYS PAGE 156, RECORDS OF SAID KING COUNTY, THROUGH A CENTRAL ANGLE OF 00'43'29"; THENCE SOUTH 83'49'47" EAST 8.80 FEET ALONG A LINE RADIAl, TO THE PRECEDING CURVE TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 82 'SO' 29" I'/EST); THENCE SOUTHERLY AND SOUTHE~.STERLY 43.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70'39' 02" TO SAiD NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND A POINT OF CUSP WITII A CURVE CONCAVE TO THE SOUTH HAVING A R/,DIUS OF' 135.00 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS NORTH 26'30'29" EAST); 'rHENCE I-lESTERLY 32.76 FEET ALONG SAID CURVE AND t!ORTHEP.LY HARGIN THROUGH A CENTRAL ANGLE OF 13'54 '21" TO THE POINT OF BEGItINING; 1/2 t==== ___ v ............ _ .. , __ ==.""" .... """""rm: ..... ,. _____ • ,-; ',! ,', , ' ': 'i I I I I. ;{ '. , i, i ~ : d 1: '. I' ~ I I ~ I J ) . . ) , ' ..... , , ,<I :j u (;) L) ,,' >- ". ,0 :-,-,., -' 0" o >-' I ~I ~I , ! , " ' , \ , N 0 ~ N 0 M c;l 0 N en o BUSH, ROED & HITCHINGS, INC. ALSO TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOL- LOWS: BEGINNING AT THE INTERSECTION OF THE SOUTIH1ESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH- WEST HAVING A RADIUS OF 105.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 14°07'06" EAST); THENCE EASTERLY AND SOUTH- EASTERLY 71.46 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 38°59'J7" TO A POINT OF TANGENCY ON SAID SOUTHI1ESTERLY MARGIN AND A POINT OF CUSP IHTH A CURVE CON- CAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.19 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS NORTH 53°06'43" EAST); THENCE NORTHWESTERLY, WESTERLY, SOUTHWESTERLY AND SOUTHERLY 80.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°16'32" TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE OF LOT 7 11HICH BEARS SOUTH 80°46'54" EAST; THENCE NORTH 80°46'54" WEST 3.60 FEET TO SAID WES'fERLY LINE OF LOT 7 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET; THENCE NORTHERLY 52.70FEET ALONG SAID CURVE AND I1ESTERLY LINE 0 F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 OF SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF 01"28'39" TO THE POINT OF BEGINNING. THE SIDELINES OF THIS EASEf1ENT SHALL BE SO SHORTENED OR LENGTH- ENED SO AS TO TERNINATE IN SAID EAST LINE AND SAID WESTERLY LINE OF LOT 7. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0.28 ACRES), MORE OR LESS. 2/2 POI'/ELL DEVELOPf1ENT BURLINGTON NORTHERN BSP IHLLIAM II. HICKOX, P. L. S. BRH JOB NO. 91407.08/SUR54B JUNE 23, 1992 REVISED JUNE 26, 1992 " ,I 1 I , I i " " ,. ~ U u u ~ ,. I !:: ~ :5 u '" c, ,,' ~J.: J-.. -,) >-,-. -. .J < .) , . ,,' ;- 0 ,- \.oJ ::> 0 In ., ,_. -' , , , J , : I I , I 'I , \ N 0 £'> N 0 M t.C 0 N en • o . \ I .. '~ BUSH, ROED Ilc HITCHINGS, INC. EXHIBIT F SOUTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME ((./ OF BINDING SITE PLANS, PAGES ~-I/ , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88°09'51" WEST 75.00 FEET; THENCE SOUTH 01°50'09' WEST 383.62 FEET; THENCE SOUTH 55°26'54" EAST 3.99 FEET TO SAID EAST LINE OF LOT 7; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO COURSES: THENCE NORTH 28°33'51" EAST 159.29; THENCE NORTH 01"50'09" EAST 243.51 FEET TO THE POINT OF BEGINNING. SITUA'l'E IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HICI(OX, P.L.S. JUNE 2, 1992 91407.08/SUR54B I I J . '1 hJ ," I- ". ,) ; II .) H , ", a I- W ::> o , ( '. . \ .' , ~' ~i"' I 1 , I RoJlrooct Ri9ht 01 Woy .I ..... :........ ":::. .: .... ' ...... ! : ...... \ () \.';' ( I I NoSco/e SOUTH WETLAND' SKETCH POWFll DEVaOPMENT BtR=n.J.lGTON NORnERN SWING SITE PLAN /'REJlI.RB) BY: BUSH, RDED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS SEATTU, WA,sHINGTON 32J,"14. Joe NO. 91407.08 6-8-92 CLC WAH i.: I ) . , • . i i N 0 £'-t;: w N :.: 0 :;, u M 0 W (.) '" 0 ',' N i= , .-en ,0 :--I-. -. ..J ..( 'J ( .. , ;- 0 >- w ::> Cl ,~ ,~ 1- '~ " • • I - BUSH, ROED Be HITCHINGS. INC. EXHIBIT F NORTII WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THCREOF RECORDED IN VOLUME ~L OF BINDING SITE PLANS, PAGES ~_/I , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING A'r THE CORNER COMMON TO SAID LOT 7 AND LO'1'S 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88 0 09'51" WEST 70.00 FEET; THENCE NORTH 01"50'09" EAST 472.81 FEET TO THE NORTH LINE OF SAIl> LOT 7 i THENCE SOUTH 87° 50' 47" EAST 70.00 FEET ALONG SlUD NORTH LINE TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH 01"50'09" WEST 472.42 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 33,083 SQUARE FEET (0.76 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HICKOX, P.L.S. JUNE 2, 1992 91407.0B/SUR54B ____ .""."""''''''':a _________________ .'' .. ' ... "T''' .•. ~.'-.-''-."''.'-""-,-,.--."I ... ,.....'.,.-: •. ~ .•... ,-.~. ---,,. • I 'oJ ',...: ,- ''- -) ,-:-.. , -, ,.' o I- . ) , w, iSl , ,~ , , j ,-1 , .. \ , , , • I J., , I I .40' S 87°50'4-7'[; •• 70.00' "',-........ :', ~ ..... :.C~i. "1 .-" -'. , , I , .:." : i t·.l .. ·· . .' (I '. \ \ ..... I':~'; I. .. t·· 1<J1Pl'2~~~=' I \~\i'1<\_~~I/~('.f_ C?~"" k. 24737 //.~ '1'r/o ~(;lsryy<5J~.f-J ·\,1 U.J\l'l0· .,. ~/.,.\ I... EXPiriES 31171 fJ4-,(" . . ~ • , \ .. 70.00·· •. \ N /)(J'09'5I' W ..... 1 : ... ( r.> ( I·. ~.j \.J I / / / / / I I I I I ) " ; C) \ ..... . \; I I P 013. NoScole AI 88°09'5/' W " ,' ....... "\ ,': .. : ..... i ~~) \ NORTH WETLAND SKETCH POWEl. DEVaOPMENT BlRUNGTON NORTI£RN BR'-vING SITE PLAN I'Iti'AAED BY: BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS SEATTlE,WASHrNOTON 3'13·"144 JOB NO.91407.08 6-6-92 CLC WAH .u_ \ , I r_67~~+"2iHW»1~~- -~ .{ '! ' '~ j ~ ( FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT J' ••• ,., ••• ' ...... . 'i'" .~. .'r ."., r, ,'" "",This Amendment is made and entered into by and among J!! " <-'HCWA,'Realty Corp., a Washington corporation ("ID;;II) , Powell-,~ \c""",,,,-,,,,,,,,,, "",.." Or il1ia Assooia,tes, a Washington general partnership ("Powe 11") , :,>!,~ ,Eali'tga,£e ,,'l'll~atre-;, Inc •• "an Oregon corporation ("Eastgate"), ,1 ',"Pe,ter"w.,,"J;!bweJ,), (,~,p'J;,6well") and Lloyd W. Powell (ilL. Powell") . . ~ ./: /,:.'~t 1: ,,' ,/ /,;/'l!:E~JTALS " " ", H'c""1:.nq/Pg\.re],,1/pr;'v+6tls.iy/have entered into a Reciprocal ,~ Easement "1>.greement wi;th Xcoveriants"i Conditions and Restrictions ,~ dated JUnei"3,0'/' 1~92,/and'rec(j'r:cl:e4 in the Official Records of King i?, County, Washington,'i.md$r re-~/No{ 9206302702 (the "Agreement"). :~ Powell subsequently' coriveykdLot: l/,(-de,fined in, the Agreement) to :j P. Powell and L.POwell whoQwn' Lot 1 'all' eqqnlitenants in common. ,~ contemporaTl~o)isll v,d,'th t;h~"ex~cu£'i;ri of this Amendment, I Eastgate is acquiring Lot 3 (defirted in/the Agreement as modified '~ by the lot line adjustment mentioned below)/:fr<llil"Hq. In" 'Ia \\j conjunc;:tiQ!l with that acquisition;''''thoa partle~ herei!;p (s:\;hg},y. an l';l \ "owner", arid, collectively, the'Wwnel's'~) gesire,,:''tb;, cl,ar~"fy )and 'li .~ restate c;ertiilin provisions of thil""Al:jrl,em'lflt/ ""'" i ,;( ~ \'--. . . .' ·i ~ '.' ,i ... Th~~efore, in cons:::::::::' thep~emis:~ian~ other ,~~ yaluat.leconsideration, the sufficiency of whi¢h,if?heteby .~ C),a.;ickn6w,l.edged,,"the OWners agree as follows (unleSs ,,6th~rwise .~ l:l'1:¢iicated,/ <:Itl ,p<ll;litalized terms used herein shall"'h,ave the same ." meanings,.as( are attribui:;,i'!!d to them in the Agreement) : 1''''''·' i. ,''It'cIY,ci'i:'''theowners warrants and represents to the ,,~ other Owners that itlo.e ",aJ:;):"an;tipg Owner owns fee title to the i) portion of tl:l,e S)t'opping Center l,isted below and that the !' 0') warranting Owo:er h*s ~ot cr'e<\,ted, "spumed, or acquiesced to any .. ~ ~ indebtedness secured by'.:\,iens ehcurhb~'ring the portion of the ~i] ~ Shopping Center owned by' $ujZh Ownir: ": , 'li" Cl),,,,,,,,,,,, ", ,."'" a 0 ". "~ N OWNER i~S ' .... , .. i~ 0 ," "'" .' " ;t;l t.O L. Powell and p'; .. ,Powell.··· Lot 1 • ~ 0') .~Ji~ -.w~ ~~~£ fir;: W?:l ·:t~~ ~~i iZ;~ ~i ~1 . ~ .~li :IJ.~ .~~ ~~l ,-"',." . HC .Lot; 2 .• · W.'.,. "Ld~ ;/.' :rk ti,~.: 6';' Eastgate Powell ..-and 7 i """./ .:=-.;,/" The Owners also acknowledge and agree that the ci9m~~~'pqtmc'lk\:;:'< , between Lot 2 and Lot 3 has been modified by Lot"l,ine/a,djustme-nt.' reflected in Lot Line Adjustment Map recorded in the offiqia:l' .••.. Records of King County, Washington, under Fee No. 951l29~006:: . 1 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT rILED FOR !lliCORD ATiREQUE j'O#o TRANSAMERICA TITLE IN~L1 ··'F. CO (SWWllOO9llIl03398!MAit :11 ' 320 108TH AVE, NE ' EO, BOX 1493 BEULVUE, WA 98009 , .{ 2. The third sentence of section 2.1 of the Agreement q~leted and the following sUbstituted in lieu thereof: ",.,,..' ·,·.The Owner of each Lot agrees to construct and 'JIlaintain parking on its Lot to serve the ,:Improvements erected from time to time on .' s).l'c'ii"'L9t equal to the greater of (i) the , .,number·of pa,r'klhg spaces required by '. ,: appTi.ca~l'l",.1aw <ilt. the time that building p~rm:i:tsia,te i~Eiue<j.·f(};J:" the improvements to be , ci;mE'!trl,lct~d, qr"",FH) llJ.~, following ratio: ••••.. Lot: .',' . i /' pa'rkinO Ratio 1';0:1;.8':':', •.• 2 ~;"t;;·.,.;. .,l./i'.,:.',~ialls for each 1,000 .. i ";·.,quare feet of Floor Area Lots i~. OistaIts for .... sqll<lte feet, of . c· .. ' .. -; . e;;:i::b 1,000 ~~~br Area Notwithstandihg ;th~' t'orl!'toirll;l'/P'!l'i-k;tng requirements, if any portion of L9i:; 3: isi develbp'Bd ifOl;:".tl),e purpose of '.' "", operating a cineniii. o;then.'s),lch .,portlFln of "I;ot 3 ."i:il~;;tll be 'served by parking sta.lls equal t,o th1;l .•.. ga;-eater¢i i(lI) t~", number of parking's!;,~,l/lsre~u~re~:~¥ al?pl~c';Pl,:, law '. W1t,h. respect to theatre use/at,·ti)e tUlle thatibu:.:ld1ng .i'perlni ts are issued for the 'improyelllerits to 1;)'8 ;' con$tructed, or (y) one (1) parking,.stall f,or:every ,/fou:1:-(4) seats in the movie theatJ;:es,,,er7ct,edpn Lot 3; '.' pr9vig~<:l, however, that if applica:ln~' law. permits less intel'isep~rking for cinema use (i. e. "'''pn¢ III parking st?lll is a:llowed to serve mOre than four';.,('!") seats in a ,/c:tnelJla)",af'j:;er January 1, 2006, then the pa-t-king within ./ e;uch' pQ.'i:t~on .. CJf.'J .. ot 3 that is used for the operation of ~ cin~a ~ay be reduced to the level permitted by appiicab~'e/ laW·"so:long as such reduction in parking dQes no:t!materi$llY ,anq adversely affect the parking with,i.n{ 6r I;lse of,; Lots 4.and 6. adding the following sentences 3. sec~.io~'hl (q( :i;' aie~aed by thereto: ". ,'" 2 - .. ".,.,,_., .:~",.- Notwithstanding ~nythii1g\:o tl),~,. contrary contained hereinj,th,e Ownel:-s,ac~nowledge and agree that Lot 3 may:' inbl~de/development; of up to three (3) outlot.pads,,(ttl'e "Lot 3, . """, Pads") I each containing 4p,:io ,f; , 000 i'sqJi¥e feet of Floor Area, and stich ;Lot,·, 3 .,PacJ;'F may..,. be situated anywhere within Do.t, 3 .asth,e """'), owner thereof may designate from tim,etc )til1)e i so long as the same do not (i) en'cr9'a¢h UP9n,.,,c: the building setback lines created by':.. ., ... ".... " Section 3.1 (b) of the Agreement, and (ij;) li" ," west of the north-south line dividing the"'''''''' portion of Lot 3 which is currently zoned -:. FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT "'> .. ,:': ....... , .~"- :.~. I ;'eWETW ¢7i8?3EB 'tiS-b ! i if j 5 - commercial arterial from the portion zoned medium industrial, such line being situated approximately 140 feet west of the west :!:"i9ht-of-way lin .. of East Valley Highway and qoinciding with the eastern boundary of Lot~.; provided, however, that such east-west liJllitat.ion regarding the location of the Lot 3 pads (l .• r"sh,all not be applicable if · .. '''EaElt9lite, il",/prec,iuded from constructing a •. ' cVlenta qh/Lot;l·"'an,p·.o.pening the same for bl:isitiesi/.and ·!C(J.isha}l",not apply to any Pad llririg $oulOh ot:'/.a"lill~' qbi,ncidin9 with the :'::,north,erly' bqU:ri,¢iaryqf~o:ti 4. The Exclusive BI,lj,).,dino;j' A:r;ea :ear LPi; .. ·,3"shall be deemed to includ$' the L910 3,··Pads;.' one of the Lot 3 Pads cl.trr~ntlY i~ e;lipected to be developed in the portion of ~ot/3 ;that'''Tle,s nea,r't;he intersection of' S\i)utjiwest 41st stt:"eet and East Valley'l1igh~ay,(:t£he,.'''south pad""). If a cinema is erEicted Oh"Lot/ 3 'by (Eastgate and . opened for busine!j's,;th~n East<,l,iit., a)l,re!:;,,;' ", .. solely for the benefl t o,f,·.,'the ,.Owner "bf Lot 4, .,. " fiQt to erect any imptovementsi 'on.:'thk",so.1.\th\, if paa. prior to January l\" ... .!999/ oth"lr .. ,:til].ari' s~ch/i' i """ im:P1;ovements as may be neceSsar'y.to us's" the .' '/3outh Pad area for parking pUlCPo~es'rthis/ ¢ov~nant of Eastgate is solely fi;:lr'thE! ...... . ,'be~fit of Lot 4 and may be enfor~ed on1.Y:iy / ,,' th!!. 9,wn",r of Lot 4 .," ":0.;,:' ... : .:" ~h& f~~~oJoif~~s~~~~f~~t!dli~fll~~ Agreement is her~by deleted and 3 - thereof: "',' .: .... :";""., .. >':~ "'W'''',. 4. .1" Gr~nt: of' Easements. Subject to the p,ro.:i'iSiorili'" of".Section 15.13, each Owner, as gr;;tntor';' :he.r.eby:"'"gJt,ants, to the other Owners, fol"·",th" benefiti"t said other Owners and their respe:qt,ive tlOina:nts.,ahQ such Owners' and tenants' ':,custome):;!!" invi'tee"sapd employees, a nonexclusive e,asefuel)t t6 use; fpr the purposes of"'ObtalniI'l9 acc~s$ to.··a:rt(l, from the Shopping center /. the"roadways ,.ii!nd wa,lkways situated in theConu.'l\!1ln j\;rea q.hd::any'·' .' .,. facilities which may'be; etected/ in .. the ¢ommon Area for the general'use,,,' of" custo)'iler.a of ttle, .. Shopping Center (such as,m~ss /trii!hs~t :.,"" shelters), all as mOre partic::ularly 1<;i9ateq. .. and described on the attached. Site Plan, as',,' the same may change from time'tofil'(\e;' iha··' foregoing grants of easements are·" ... n.ot · ." ""i' effective as to any Lot which is part "of "t'h .. .... Shopping Center until construction is . ,... commenced on such Lot. . "",,,,,,.>',, FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT if ) ;.}( , .:: · -. -.-.~~, .. Th.i effect of this amendment of Section 4.1 is to eliminate the c:t;:bss-parking easements formerly contained therein which created ctO$s';'parking easements among all Toots, in the Shopping Center. ~h,e OWriei:'s acknowledge and agree that the parking are~s containe1i j'with;i.r:\, their respective Lots shall be sUfficient to service all ,i' parking. nEiedsSlf the improvements to be constructed therein and ,/ ,tha,t the:l:" g,o'" nat"require.parking easements over the Lots of the )otheri'OW:!iers. To",give,"'ef'fect to the foregoing, each Owner hereby '>:qu'itciaim$ to"'the:otMr o;ihers the parking easements which were "created by Section )i. 1 Qf" the"'1I.greement. Each Owner agrees to exec,ute i;uc)1 gdditt9nal:dp<;;fumer;tsand to give such fllrther assurinc¢s 'a,s'ma,y 9$ I)eA~ssar,y/toProperly document the agreementi3 of the "owner"" set "tortl].} herein from time to time. The owners agree"to U$e :t:heir rea,i:Pl1Jlhle efforts to prevent their respective tenants ;iind custhlnersi' and the customers of their respective tenarits ,i froin q:;3ing rhe ,pll.;rking fiJ;9ili ties serving another Lot. '", , .. ', ,/ "'" ,"" 5. The siCOrid.i~C\"~hir.(~en~~n.c~i/Of section 4.3 (b) of the Agreement are de'lejted,'arid thefQJ,lp'wing substituted in lieu th,E1:~,eof : "',/ , ":"'"'-''' ,/' "', '"'''''''' " ""f i'E<;I,stgate agrees that' powelF may,-tem~bX'a¥ily .i r us~ a portion of Lot 3 situated' to'the"gast 3' ./ .-;'/~;O~~:h!t~~~~ ~~d a~:s~g~:~;~~!,~tf~~';\fo~bwel1'/·i.-i sta9'ing Area" on the Site Plan attached ;;is,:' iExl:):ibit B to the Agreement) during, .. t~c9,i./ "" initi,al."construction of the building'on Lot i\ ,,,,,,,' ario,'thebuilding on Lot 6, provided th~t,{ .,.,' """""" tt~.-j E9s~gta.tet~as nOftbcl?nlds~ruc~ed or cornmt9n:¢ed , .... e ~on.$ rp.c ~on 0 u~ ~ng ~mprovemen s on ,,/ the :,tot:' 3 iP<id'situated in the Powell staging Are~ ;:It th~ time t.hat Powell requests use of $e 'powe,;(:r St,agJng': A;r~a for the purposes pepnittEk\:' h~reih; !'(:iii) the other Lot (Lot 4 4 - or "'ij'r"as ..-"th~ case"'may,bejc,.-previously has been developeq to, .. t:lJ.e erid ,that h is not available to serve '~s a ii:tagin<;j aI;',ea':( ",iter of Lots 4 and 6 to se,rve/as' stagi,ngar.easifOr the other Lot until they afe developed) i ,:t iii) the portion of the Pi:lwell::"'st;iging,,,Area t:o"'l:)e used is no more than 10"OQO Square: f.,fet in size and is bounded on the west,southa11d e<ist by the west, south and ea~t,,"bounda'ri,;ls ,efthe""" Powell Staging Area; (iV'),);10W",il,obtaifis/all ", permi t5 required to be obtiiil'\ed ,,'from ,,''-/,""'\ applicable governmental auth6r~.HE)i3 t'o.i allow" it to use the designated staging areal arid', "" ,/ (v) Powell holds Eastgate harrnlessirom iii,!} "" claims, causes of action and liabiliti"es"'- which may be asserted against Eastgate"'l::1y "."i reason of Powell's use of the staging areiL FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT /:', ... 6. The fourth paragraph of section 4.6 is deleted and '.' th~ .(ollowing substituted in lieu thereof, "t- ,.:",' ': ." :: -' .,," One sign may be located em Lot 7 in the ,location designated on the attached site .Plan. Such sign shall be divided into three eq'l.faY'l:)locks, one on top of the other. Any .df theOWner,.if·o'!',. Lots 2, 3 or 7 initially may . i el!"ct, to qenstr\j.ct such sign at the sole e"Per:ise.o.f thl;!·'Ow:r:Il?'r .. ,~lecting to initiate shcn:' cohliitruceiN{~ The, •. Owners .~!ho do not lind~rtak ... ' the rb,l tiai .cohstruction of such .•.•... sign.{pC)~elf;'diC of" EIf"!lt;..:Jate, as the Case may klffJ, .. shaH ~ entit;·~.d'J6 use one of the sign bloCkS.i·to iadv~rtise,ith¢ir respective businesses b:l r~ml:l'llrSln(t .. J;.he cOnstl;ucting owner fo.t One-third qf .the co.st off ..•. ,. construction of the .Si,gn •. The constiructing Owner shali'.I;li£ve/sole·'control'and"ise of each sign block uriti,t s,1ch timea'i(iaji o;1ner entitled to use·'a. "sign il:llockeliect!:s to,·, ... . "'';. contribute its on·e-tbird·'Share!, Ot'·i '.' .' ". 'c.onstruction costs aft¢! use',thla ",:ign"·b.fOCk ·. .i 'i aLlocated to it. If H'G ... ""lects Jo .. pa-r.tJ.gip<#te/ ""'" in ··:·the use of such sign, HG.ishal),/ be entitcl_eQ' " 'to ]Jse the top block of sucb..¢:ig),,\ to-")! // ./ advertise its business on Lot 2;' if'Eastga1;:'e" .iele'Cts to participate in the use "o.f !;;)1cl)" , '.' sign, .. -tbcen Eastgate shall be entiti'eg' t6{isei the.·'iitiddlE! block to advertise its business on """" "-,.. lth'Qi:) j .... !'ndf··· .. tihf po~ell tehlectps tOlPlarthiclll' pabt~/in . .' e ",se.!'o" e slgn, en owe s a e """"" .. ,/ entttl'¥l to .).lse't;he bottom block of the sign to lidvert,J..se its businesses on Lot 7. The Owner" pal;hc}p{\t{ngJn the use of the sign shilll ~e .,6bJ,fga1;!,,-,{ t6'e,hare in the cost of mainta'ining/the s'ign i.ri Pl"opartion to the number of sl,9.l1. blodks'utj{li~ed by them. An Owner shall have nO obll,gat,iqn.to pay any construction 011" 1I!aintenanc~cosjO", ... with respect tostl6h .sigrl. wlle.ssan&"unt;Ll such Owner elects to llsetl1e ;;lpace:.ol) th~.,.s~gn allooated to it •. No·:.;business,es ':may be ":.'. advertised on such' sign; other than··the : businesses conducted' '6ri r..ot:s· 2'::' 3.:·an\:! 7 .• :' ""',:. 7. section 13.1 is ame~d:ed6y6h"hgi~"H9'S~ddr"SS to: HomeBase, 3345 Michelson, Irvine,'C<llit:brn'ia 927'1$,Attn:' Vice President Real Estatei and adding thereto,' Eas1;igat;e'$'" i." address: 919 SW Taylor, suite 900, portland·,.,"OJ;'ego.n.,9't205. 8. Section 15.10 of the Agreement following SUbstituted in lieu thereof: 5 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT iSde~e;~d arfd~he ",'.,:" .. 6 - .';.' '"' ""_"'" 15.10 Wetlands. (a) Easement Grants. Subject to the reservation set forth in . Sectign 1 li,lQLQl. , Powell hereby grants to HC ::-./ ' ' .. ,.~ -perpetual easement appurtenant tv Lot 2 (the "HC Easement") over and across the portion of Lot 7 described in Exhibit "An att'ii.cne1i hereto. SUbject to the reservation ",' set forth in,§ection 15.10 (b), Powell also ',grC\nt':E; a~d/q6nveli"s to Eastgate a perpetual ,.". e¥e~ilnt: <;ippur,te:'nap.t",1;co Lot 3 (the "Eastgate , E;t,sej!lent"'j." ovel;c~,rid aqrqss the portion of Lot . 7 'o;Mscl;11bed il'\/,l&hi!;>,j,f."htcp' attached hereto. ',Subje"t to t;he,(resei-,va~ioh set forth in Sect,ton i15.1 0 (1:5), E;is;tgate hereby grants to Powell/a p~rpe,tual'i'~~sEi;ment appurtenant to Lots 4/ an~ 6 ,,(thEi nji'owell Easement"), over and across 'the p6rtej.i6n i ofi'Lot"'3"''describe'tl in Exhibit "C"/attaohed:'hereto.\The J!C/ Eastgate and,.E:6we'H ,Ea:sell,l~nt:s:(tl;le'" "Easements" )!I\ay be' used' by'\tlie "bwhers of the Lots benef i tted'tnerebyi (Lots'i' 2.,,; ,\,,;'. 4,.,,"IJ1d 6, "respectively) to pro\i'ide,."we,tlands,'m~tigat;;j.on, ~torm drainage and stQrm water r¢teti'l;i.on, to /'i sej:,ve Lots 2, 3, 4 and ',q,,! ",t'e!ipeqtiyeJ,y, ).n': ',' " ''',.,compliance with the requirel!lent's,6f thir'City ,/ ," Of tenton and any other gov1§,rl}fuepta}'" ' liutliorities with jurisdiction'ovior ''the'' .' , ,'development and use of Lots 2, 3 ;:, 4 and.6. ,/ .," " Th¢' i,mp:J;:ovements which have been erected' or' " m1iY,,'be erected by such grantees in, 6n/aJ;ld . '",' "mder j,he:land encumbered by the Easements.i ,:(:the",uEji,seionent Areas") may include (withoi'it ," timi,;taj;;iion'l piosl(Ja les, retention ponds, :(i!t;rC\t:.io)'l,systein,., storm sewers, storm dra:i:ns,alj'd s;ill\il<iJ:" facilities. The HC E!>I>emeqt,iihalli:)eiappurtenant to and for the ben'eftt of tot 2:'and, shall run with title to Lot 2, rega\::dless <;if 1"heth&,J" any subsequent instruments "6f'co",veyance obvering Lot 2 speci~icallY ~denHfY t;heHC,Ea:s~ment therel.n. The: EastgilteEa.sel)\ent,"·sha,ll be appurtenant to "Ind for thebely~fito,j;",.Lot 3 and shall run witp, HUe' to 46t:,,3, regill;1dless of whether any in,jitrument,: of.' conveYance': covering Lot 3 specifiea·llY'; iMnt.ifi,esthe""", Eastgate Easement. The "poviell' Ea'seliien,t:,~hal)>, be appurtenant to and forthe'behe:f;'it.:Q'f Lots 4 and 6 and shall run wit!)( title ,,:to Lots 4 and 6 f regardless of whether ,aOy .,"":"" instrument of conveyance coverin~)."c)t 4 'Or Lot 6 specifically identifies the Pow(;.ll"·" '" " ."',., Egasementt • (Tthhe ;;eGspectti ve,,) grhantlelebs ofl;:,hei' .' X, asemen S e ran ees s a e ", ;:,"." ,., ~ : responsible for maintaining any drainage, ,,' ;" ~~:E:E!~~~~~E~~ RECIPROCAL {.mvll009~:/1:l9,,~w=i~/" " , , ... ,,, .. ,.,,. retention and other wetlands facilities constructed thereon to the standards , designated. by the City of Renton. The "",grantors of the Easements (the "Grantors") :may not undertake any use of the Easement :Areii\,S which would inhibit or interfere with t)!'e" uS-as permi,:!;ted to be undertaken thereon ,',by the Grantees';';,-The Grantors and subsequent , ,i own'ers <:if if~e 1;:,:1i1:1e to the land encumbered by the ltasements/shal.l"ile and remain liable for tihY')lian,<;i 6f al~:'K~;"l p,tow-rty taxas levied " ai;Ja''ins.t the "l;;i),id encumbered by the Easements; ':" provided; however ",t;h,it,.iiny Owner beneH tted bY:",an E~se!llent?may ;;'Pf\y,.sUCh taxes for the account Of' any Glfafi¥or/or its successors who fail to p'ay the .same. " Pewe,ll, He an,d Eastgatei ag:t;'i-.e ;to,EOx",bute sU'c;tl adqiit:':\:'onal documents andte "give .;sucl}"fu:i:ther,,~ssurances as may be necessary.t;b properlY .document the creation of the/Easements to,iacilitate the development of LO!;S ,2, '~'" 4 an~,' 6/a~"""."" i', ""'.,contemplated herein. ",e ""',:. i" i'"" ,,,,,,,"'" "i /' 'ch: Easement Reserva't:'$orlOs<",c Eastgate",re'selive,ti t:;he '.,rigl1t to use the portion of/th$ EaselJl.!i![tt 1\.re,as ./ I?itv.ated in Lot 3 iri common'wfth! tl:);'e: qwners'ofi .Lots 4 and 6 to provide wetlands.'mitigatioU', storm idrC!i:inage and storm water retentiCin,. facilities to 'serve,Lot 3 and any improvements wliitihfuay b.~ " c,6nstructed on Lot 3 from time to time';-/powell ,,,, reServ.es the right to use the Easement Abea's """""'" "is,itu«teii i.n Lot 7, and the Owners of Lots "2 and 3 " 'Shap grant"tne'owner of Lot 7 easements over and acrt;,slil'" th~/drainage and wetlands facilities Ci",scit'ibe,d)in ,Exhibit ,I'D" (the "Lot 2 Easement Ate,a") r,/ahd ,EXhi!?.j.;t"i'E" (the "Lot 3 Easement ~'''r as hereinafterprov;ided, all to be used in common wtth":th"" Gr<int~es/t(j',.provide wetlands rnitigati0l:!' st6rm,',dqi:inCl.ge .,,'al)ii"storm water retention 'f;:lciiities" to,.' serve x.Ot, 7, provided that the followiriif cof>dit,ioris ,and c6V:enants are satisfied in conriectfon therewith:':{i) the proposed use of tlle.'Easemenlt ,.'i\.reas situated in Lot 7 and the Lot 2i!,r<1i 1,.ot ,3 E.<!Ise,Iiiel)t Areas (collectively, the "MaSter Easement Area"}"l'fnq the wetlands and drainage fa6,~rit}es,constructed .' therein by Eastgate and He, r,esl;'ecti VEl],'Y".' ,. (collectively, the IDrainage'Fatilitie/?")":nlustb¢ approved by all governmental auth6riti;es ihav:Jncj{", jurisdiction over the Drainage Facilities" .. "~dlft6n",,, Dennis & Associates, Inc., or such oth~r en9'Jmiers as are engaged by the Owner of Lot 7 arid .. ,aJ;l:Eir.;.ved .. by Eastgate and He (the "Engineers"), ancf'''a s'econd /' civil engineering firm doing business in the "'".,,:' .... ......... : .. ;i 7 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWW 1/00925/1 0139S/MAM}~341127 .~ ":'.': . :", .. :'/ ., 1 ! 1 ·~,. -4,-;---- Seattle metropolitan area (the "Second Engineers") selected by the Owners of Lots 2 and 3 and engaged at the expense of t.he. Owner o;f' l,ot 7; . (ii )·the use ··.of the Drainage F'acilities by the Owner of Lot 7 must be implemented in a fashion that will not .:'interfere with the ongoing use and operation of tp.;f·o'rlllinage F.lI:.cilities or reduce the capability of the Drainage"'ji'acilities to serve Lots 2 and 3; :' (i~·il th.,e piail)~'9:e Facilities to be used to serve a,?,y l#ort;;ion o(t.o~·7··s:.ituated north of the D,riyE!way '·'E,:asem~p,1:'cPrope;I:t;.y (the Eastgatio. or He Drainage .:Fac;i.J:}ties.,· .. ·ia.s· fihe case may be) shall be cc. determIned bY" j:he Et:!gi'njl,ers and the Second En9J.riee:is; ,/(iv)" thei p't~inage Facilities will not be useg to::' prq\rid~,:c!:;:torin water retention and drainageserviceii t6 the portion Of';"'Lot 7 situated south 6f./the'·Dr:fve*ay:'EaSement prope~ty ("South Lot 7") i (v( ncl u¢e :maY b€! .. made Of'+,i>t 7 which involves the· manufactUre / .. ui>eor.ireJease of Hazardous Subst~hce;'oth~r t.hah ii:hot operation of a gasoline service"sta-;ioti on SOl):th:i.o'P'···7,(po . ",.gasoline service statior(fie.ing'·permttted oh Nor:th'} tQ,t 7) and customary-a."e of",'c1.eaning"'s6'f'yerl:ts .~nq;' thEt. like in compliancew'ith~nv.i'r9nmehtal Lilw~ Cas .:")lsei:l herein, the phraSe "Ha1iqrc)'ous Sybatan¢e~,..' .i .!.'! shal:l mean all hazardous, toxic, Hntec,tious .. or f .. ,/" lf~dioaotivef' substances, wastdes o'rm;;:t'i"r~~is,'c .' .ll.sj;::ed, de lned or regulate by any·,,,.EnV1ronmetital .....Law" al)d".,s,Pecifically also shall inclu-q,e:pe:troleum, , oi,l.and it ... fractions, asbestos, urea-"'(, . fOl;fua14e.hyqe, and polychloribiphenyls i as"qsed "'.:.", )ie.rein·, :.'l:h~' phrase "Environmental Law" shall mean "., .. ""a],:l ted~rai, ."stat~ and local statutes, regulations and \iecreeS"'pertaiiling to the protection of any a';pe<:;t." of,i\1um",n:"llea:,ltl;l..or the environment that are nciw. or I).Eh;1aaf,.ter",.aPPl;icable to the Shopping Cent'er·)",; {vi.) sholl'ld a'1Y of ... South Lot 7 be used for the p4rp~§es of"operatirig a gasoline station, then, in a:fiditi6p ~o .pomplyi'ng·w;Lth the requirements".Of .. /appli'ca.blecla,ws ,"'.,tn" Owner proposing tocons,t:ruc.t ,such gasO'1in9:. station shall require that such:,. servioe:'station facility be operated by, or licen$edby; ohe;ef the major oil companies, and shalibl:>tain :(rom:the"'t;>perator of the service station e{thet ar; il1dejilnity6r,,/· .... ·,· .. insurance policy from SUCh·.9per:ator t'orithe .. -~' benefit of the Owners of Lots .2 and /3 (and S~l;>ject·· to their advance written approvai ,Whibh w):,J,l' nqt/ .... be unreasonably withheld) which pr<i1t""cts them·.from··' loss, damage, liability or expensetesultinq.fiorti. :., the operation of such service'station f~cility and:' any Hazardous Substances which may be relel!...';,ed ,,'or/' ...... emanate therefrom; and (vii) the Owner of Lot.? ,. shall pay, in advance of its use of the appli6apie 8 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWl /'OO92j/]{I3398iMA Ml634027 . 7) '.'.-''-.. i :~ '1 ";1 ~~ .-, ".1;' I /<J :~~ ',r-;.' ./. :~'. '" " .~ ~ :j , " .~ 1 e"l ., , "j. Cf) , .;:] (") , ~ CI) " 0 ,:. N ,. .~ 0 .;, ~ .~ ~ e"l J l ) .! i :~ .~ , ". ./ Drainage Facility, its proportionate share of the original cost of constructing the portion of the D",tenti.on Fa.cility used for outfall purposes. based ,on its projected usa of the Detention Facility. :To the extent that any of the obligations of the .:Owne:r of Lot 7 set forth in subparagraphs (i) t!>rou(jh (vii) .,?pove contemplate continuing or 6ngo.ing'.per~.6rmapce, the Owner of Lot 7 shall be "obHgate;d ;to co)1lply with such obligations so long a~" it' uses therEa~emen.t Areas. If the Owner of Lot;:7 e:1ects "t;o.,.,.\;tse t;he''prainagB Fa,oBi ties,· t11en the" owner: of .. LsJ't' 7.al's.6 o#hall be obligated to :. constiuc;i,;it'iits s$le',qost and expense, any i:mp.x;ove;nientis t,:; 0:r':l.j'i·lfi\rgements of the Drainage Facilitie:;r requi~(i'dito.'accommodate its use thereat .:'AlI' costs oir' m<j.i-nl;aining ,ap.d repairing the Dni:iriage,' Fa¢ili ties/'other,. than" repa ir costs resulting fiom./the neg:ligence '::ofah,hwner or its agents or emplhyees.,· (which\>ha:IV'pe paid for solely by such qwn,,;i:Y' sl;l:all"he paid by the Owners sharing the usei:rr" s\J.ch:' D;:ainage Fac.i:l':fti~s in ;;" ," '·.proportion to the grqss't!umbel:i" of sql,lare f\>et qf ,.,'.> lE\nd owned by each ow~",r wl}.lcji is served" bi, th,/i Dra"inage Facilities. tr'y"'as/and I!I'lie'ti,,·th-e " .t. .i,ponditions set forth herein ;'ilr~ ~·~ti.sfied,i tJie i qwnei'rs of Lots 2 and 3, as applicab;1e,i' shall" gjtant liiasEiiments to the Owner of Lot 7 Qyei'and,ac;:ro!1s .. the/Lot 2 and 3 Easement Areas, c;:onsjdiOtent,'" in' form ,aner s,wst,ance to the grants made in Section .' 15: Hf(all;lnd the terms of this section'15', 10(b) . ;('0;' Ad~hti'onal Provisions Regarding Lots' { and 6. .' T;> fetcili ti!.te·-P'dwell' s use of the Eastgate Di:aihasfe :fa.d'ilitiE;s to provide drainage services to Lot's 4/ .;;ind ,A5;'. tli.e .s.llrface drainage system to be iri>;talled i'in /Lot' .. )!, wi'll be designed and cons'trllcted ,to acchl!'lnodate:',.those drainage needs according to'·.the de.sigh r:eqJ.tirements of the Engineers;. powe;U;sh .. l;lll)ariari<:le. and pay for the design and'<;;gnstruCt10n;bf:a,Stq1:'m . .jo/ater collection sy-stem to'.serve LOts""4 ail.a 6 running from a catch basih situatBd:on/Lqt 3,··tb.a boundary of Lot 4 or 6, sucl). .. w'OrKto b¢' d¢nesimultaneously with the installation .. of.' a' dr'ain,age'''systEim on Lot 3. No other draina:ge;'work)riay'b(j': und"l'tt"ii'ken on Lot 3 for the benefit0t:;"Loj::'s4 aiid·.6aft"r .... completion of the initial draiha9'e system. {Tl1e; bioswale and outfall components.bfthe illaE1;t.gate': ", Drainage Facilities shall be sizedtQ serye·Lot.S., 4"" and 6 and Powell shall pay Eastgate·th... ... ,'" .• ' .... / .. incremental cost cf increasing the sizer •.. nf su:i:::h" . facilities to serve Lots 4 and 6 (as dete~lI)j.·ried by the Engineers) as and when such work is complate,j. Lots 4 and 6 shall be subject to the use·.· ...... .:" 9 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT .. , .•.. (SWWi/0092:511Q:;39SiMAMl634027.1) "':'. :~~ i i~' ,,~ ,;" :~ .t ';i ~~ ~1 fZ ~ ~ • , ~ ~ , ., .. )l '.~ 'c, .:-.: ;i , 1 A :0: restrictions set forth in section 15.10Ib) Iv) and l.Yil, " .' .. ~,.....,... ~, .. , ····.9. Section 15.11 of the Agreement is amended by deletIng the square footages of each Lot shown therein for ".>"purposes cif caJ-culating proportionate shares of the maintenance ··COE.!.ts .Pfthe-··'j:)'rfv:eway E<\l1.ement Area, and SUbstituting the "., ~ M ~ IX 0 N 0 ~ en .• fo:Uow'ing .. in lieu' thereof:'> .'. ~. /.' /' LOTi tot 1,,'/ ,::."., ,i L:ot 2 .,:::' L6t3·,i Lot 4 Lot 6 Lot 7 .~' i·''''''SQUARE FOOTAGE "",/ ., ... "lCF·''b\? determined. "';' 489/190 \'./":535', 094 ,.. 35" 000 :; T .. w, .{ :}"S J,,06 0 '\ . .... *The square fo~tag"e dfiot" 1f'drp~r;os",sof this .provision shall be 'd'et~rmined inaccor,dance·· .. ,with i ........ :. .. :·the provisions of section 15·~·11 .... ·'·· ..... '" ./ . "', .'-.,.... ";::,' •• ,':::.' i l" '''''''''''." Y / :" . .,. .... .:1.0. ':.: The first section .·15 :.l1:is deleted thefeof:i sentence of th~.S~;condl?ar<\~rei·~I)/ of and the followfng:su·bst'itl.\te~ i.n liel.\ ..... " .i .. The' 9Wfiilr of Lot 3 shall construct a ':priv:~te:"roadway ..wi:thini't;h'e Driifeway Easement Property in acco-tdance with the .... requir·elitent;.$l': .. of :·.the City of Renton. The Owner "if Lot 3 ':": .. shalf l\i~it;lta£'n the "Driveway Easement Area to a reasonable 'sta'ndard )3.s,designat:ei'l.·.by such Owner in its reasonable discretiol1,i"anp"the.9thElr Owners shall be obligated to contrii::>ute th¢'lr p,r'Oportio,na.t:e share of maintenance costs as set for'th herein. i' . . .' .. ", .. , .. , ::';"' .. i:' 11. The .Agriaemj!lnt 1s kmehded.I::>Y adding the following provisions thereto: .., ",i/ .. 15.12. Related Agreenient·~· .. ,.,;coritelnpo:;::ane';us.lY with the execution of this Agre(omen,t, Jjlastga,.fe·"and'·HC·have joined in the execution of a Declaration pf .covenap.ts, Conditions and Restrictions and Grant of'Ea.-iemEmt's and'QuitClai,m,of Certain Parking Easements whic6-];:;. t:.6 pi;, j;'il!id"for'io!ilcOrd in the Official Records of King county,;' WaShington (the .•• "peclaration") . As between the Own~r/of Lot::2.,;nq· the .bwt;ler of Lot 3, the terms and provisions of tJ;ieoE;icla.-t'aj;;i0l'l,.sha;Ll supersede and prevail over the terms arid.. pr9visiQrls .. /oj; thIs Agreement to the extent of any conflict or incdn';;is,;tency·"'" between the provisions of the Declaration and .. the "provisicihs of this Agreement or to the extent that any pr'Ov:tsi;t.m; Of;.' the Declaration are more burdensome than the provhi.io,ris C;;f 10 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ..... (SW'NlIOO925fl 0339!!/MA Mf634021. 7) this Agr~ement. Lots 1, 4, 6 and 7 are not encumDered by "",~ny provision of the Declaration. i,5:n Expansion of Lot 7 Building Area. The Owner' of. Lot 7 "l\li"Y d.evelop the portion of Lot 7 lying north of the Driveway E~seni'ent,J?roperty ("North Lot 7") provided that the follbw,iii.g'covenants and conditions are satisfied: (i) if a'cc!!Ossi to North Lot"''1" shall be obtained via the Driveway ,'Ea~ement'E1rOpeJ;t§ / tl£E>ll the square footage of Lot 7 to be w.ad fpr pur~iq;;es qf" c?l'C~ating shares of maintenance costs "ijdi;!r,§wicn "'15. ll)~l::>'all ,];<;'"modified accordingly; (ii) notwithst;ancp,?sf,mythingjto the contrary contained in section :1 ,i of the {Agrei!llIerht;./ all parking required by applicaP,le l,aw :to serve /any,lmprovements constructed on North Lot 7,'shll''ll be 90nJiained wholly within North Lot 7 and shall be de;em~d suff~i.':ie:nt,'if "ill. complil);J)ce with applicable law; (iii) the O'Jli1e:r;,"of'" N9,rt.h" Lot} sha,;ii}construct and maintain a fenCe,' or/othe:r;' I;>arr:i,f!r e,loncJ,t;-he western boundary of the Easement Are:as,,'tQ,'prevent,: t1'!e ,Qu,:;;tomers and invitees of the OWner of Nort!;i Lot"7 £rom"qto~sirig or entering upon the Master Easement Ar,i!as; (iv) in a'dd~ti~n'''t9 the other us€s"prohibited by the Ag!:eerite:ht;" 1;10 \l~e,"may b~ madE)i'bt N!"irtn'):,.ot 7 Which would in".ol ve ,,:tqe manufa, .. ture';. relelJ'se, disposa':), or use of HazardO\l's'"$ubs,tan6e~;""'('vj,,,:an:{ o,iiv~iopment ,:'ilnd~:t::taken upon North Lot 7 shal;): bOl r;iompl,~,ted ,:-in.::'c~ihpliance ,'wit:h~ll, applicable laws, including (wi t,fio\l't limftation) the r"quiiern$nts of the Army Corps of Eng'j,neers i (v:V) no itnprdvemi!nts to be constructed on North, Lo,t i shall exceed .45 feet/in"height; and (vii) no part of''tJiecqillmoh Area ,;otp:e.r ,tb,an the;',Driveway Easement property 'may" be used to " p£ovi.;lei access;to North Lot 7 and the owner Of .. t;'orth Lot 7 '"'' her",by:;qu~{c~aifus to the Owners of Lots 2 and 3'" all "'e.asemehts' createq,'by"'Section 4.1· to the extent that they encumber':: Lots ,~,,.and 3 ;"" The consent of the Owners of Lots 2 and 3~ifh'" reipe .. t;",t;p deVe:l0pment of North Lot 7 set forth herein's,haLV"not,const;itLlta',a waiver of any rights which those Owners may/be enti.tled. to, assert with respect to future development"of Ndrth Lot"7 in their capacities as the owners of adjo~ning'pr9pettY~,' . .'. 15.14 EXChange";:;r~ots ••• ' Ea'stgate ~~dPowell may elect to exchange the south:,. Pad"areli f'or:,Lot 6'~,""''I'he Owners of Lots 1 and 2 hereby,.approyebf ,:suq,h exchaT;lge and agree that Eastgate and'PQwe'll,: may eriter"j,ntCi and consummate an agreement to'",that eff"'ct:'witho,ut",the,, n,ecessity of obtaining any fur,1;.her:conserit ,6J;,"the .,. owners of Lots, 1 and 2 with reiipec;t therett;i'!proY'ide<$:, .. that any improvements to be consttuc;ted upb,n tAe""Sou,tJ;i Pad after completion of such exchangesha,ll n!;'it"Elxce",d',' 22 feet in height, the buUding envelope/ol'! tll,g"schitft ,'" Pad shall be generally in the configurationshowri,ori ,; Exhibit "F" attached hereto and any signage:"ere",t'e~' on the South Pad shall not materially impair the"''''' , visibility of the HC Building from ground level at, the .... ,. 11 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWIIr1:H1Sl10339SIMAMl6340Z7.?l ;.\;:.,:; .. ,,/}" intersection of Southwest 41st street and East Valley ·,H,ighway. If, as and when such exchange is consummated, .' th~ land acquired by Eastgate shall be subjected to the termi!l.of the Declaration and the J.and acquired by }?.Qyoell shall be released from the terms of the :De9larat~(?.J:land the Owner~ shall execute s';lch documents as/ may ,be treo;:;essary to eVJ.dence the forego1ng. NptwJthstanding sqch'''e~change, the lot designations usedhere'ih shalli' be transferred such that the South Pad t'het'ea£tef-,.t.hall"'·be"re,;(;erred to as "Lot 6" for P\I'q:ioS(!S .<iif tM.,j> Aq#~~Ilfent.i\ll~ the land formerly diasigmited ~s ¥ot .. ,6"'.,snaLj .. ".,fl,,,ir\f'fened 'co as part; of Lot 2. .i' .,' ... '.,.... ",. "::',:' 15. 15ut~lH~Y Easement.,,,,f. ;;~:ll, as Owner of Lot 7, hereby gran'\'.s l,inddonyeys' tp the other O ... mers, for the benefit of th~ ShOpp~'ng"Ce1it~r;'''a,perpet;U'a,l, non- exclusive easemept ove;; arid,across',the .. prj;'veway Easement Property,: t;or ith~ purpo's,,¥ 0'1' il)stall ing , operating, maintaitiilJ;CJ ",nd' repla'bing ,,/ f'i::om time to ti~e, storm sewer, san;i.tary ~ewer ;"(e,ieq.iriS,iil.1, gas, teiephone, cable and other utility !'ines ,to serve" iJ,1ipr~"e,ments to be constrli9ted 'in the,Sh6pp,iqg "¢enter .'i ,!\hy work undertaken in the'tll;+yEiW(;iY ji]'as,emeJ:lt ,J'rd,pe:s:ty/ ::tl.t tlje behest of an Owner to ~nstalli o,r repl'ace ianY .i ·'utt'iit;y lines shall be done in a·'gqodiand,w9rk'!ilmiij(.;!; ma..fme,t at the sole expense of such' owber/;\nd ina .i mElnn .. r t.hat will not unreasonably intisr!ere w,itp' Uie rise .Of th ... ,D,;;iveway Easement property 'bY"\2hej"othet ,owners""" " ", 15.1,1''' ,"Use"'R¢sttict ions. '·:;shall.'be/us<id for"any, of No the portion of the ;ho£Ping Center following uses or purposes! ~. ..' . a."'''iny./ll~e ,)oIl\.ich, would constitute a pUblic or private nuisance· /i """" i ,/"""'" b.'''iny'us~,l<!hi~~:'~eri:ra£'e,\3 noise or sound that is objectionabledue't6:, intetmi "tegc""" beat, frequency, shrillness or "lQudI\e'so;': (<;lther tilari noises typically associated with 'a:"'home iiilproveme)it $.to'i::e or theatre/cinema) . . ~'",,,,':' . ." ." c. Any use whii:;:~ w"mld g~nEl'ra~e e5{cessive quantity of dust, dirt or fly ash. ' d. Any use involvi~~ ihiigh{e~~d:rLi~/Ofrire, explosion or other damaging or"'aanger'6us ha:?ard,. inCluding the storage, display or sale of e*,p1:bs~ve:? .:or f'J,~ew6r!C\s.,. e. or mining Any distillation, refining '1.'1~i;,~tiri" "a9,.i+.bult\i~g, operations .. .. ,"" "> ,/ "./ "," .i'" 12 -FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT .""".. .:::. ';:~> "::: .;' .. / . ':".:',:. ~: f. ~r':li~er r.1Hs1ng :: .. ' .,," For the purpose of operating a mobile court, labor camp, junkyard, stock yard businessc home or or animal "g. Any drilling for and/or removal of sUbsurface substanc~,s . l'i':/ '~~y dUlli-p'ing:, of garbage or refuse, other than in ,~nclJ6se¢r, "",cover.l,il. re<;lsptacles intended for such purpose. i'( /Any(~ort,i:~y" o';":~iIllU,ar service establishment . . ".",.--' . ' .-"":/ ,) ~.;; ,':,. j . Any!' coJi\iii~fciai", la\,\qdry or dry-cleaning plant i provid~g",' howevo;!r, this ,;pro!:libition shall not be applicable to any premise,,;" if/orient'ed.cto pick up and delivery by the ultimate cQpsUmer Amq/ tljerE! a~e, smly nominal on-site supporting f.acil.i;H'7s ." ii' 'J' )' k. Any au'tom6b1le, b;bdYi'~~d tender'repair work. ':-", .i: 1. Any flea mkrl!1~t:; s&ap m';;"t', ~f~ep!Ond, hand" store or USrirp~::" :::r:~ult book si'Ore':Gr.i~ni ~O~~;lJj~:i"si(" uses 'ilnclv,ditig (without limitation) n'4de;'da'ncin,g, pornpgr,aphic ,'di~'pl~ys'i displays of "X-rated" IDEl't'er:ial;s' or f.illjiS, ,'massage p<trlor o:t off-track betting facility., ',' ,'",c" £~. +4 i~ditiona 1 North Lot 7 Uses. N~twi'th~t£nQing 'anythi1l9'to th<! contrary contained in sectidn:;i 2j 1 or 2.3 of " the Agreement;,iforth Lot 7 may be used for the.,p'urposes of " oper,i'tjing,'abow,ling alley, skating rink, health club or '"b;ingopar:10l:;: or fpr"'industr ial, warehouse or light manufact,J,r~rig)il;l§s, if'permitted by applicable law. . ':,,,.: . . .. , .. NO. other'" ifmeildmii.nd oi'modification is made or intended to .be made td'''th~ A:gr~ement>:ari'd ihe:,!,>greement, as modified hereby, shall remain In,r.;Eul1,:'foi'ce ,'and effect as therein written . .': 12A-FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT :j,. .;. ,s .,;> .. / s ·.: .•.. } rWWF':':4k'L;~==~~"" ," II "', "t ...... -:;:":--,,--.- '~ j ~ " '" -: "I:, ~: ~~.:.': Executed in multiple counterparts to be effective as of tIle ,ath day: of February, 1996. ...... -"', ... , . {'O m;: '::',,';/ ReWA Realty coqi'" ,ia W~f~llihgt6n,i corporation " , POWELL: Fowell-Orillia Associates, a Washington General Partnership .. ----.-.-------.-.---...... --~~~-Lloyd W. Powell, General Partner , .. By,.~ '~:~:" Powell, General ':, pet,,!r W, ",Partnl'r ;o' .c~: ,0""""" )~;:" s ," ,". . . i / ,i' P. "P(}WiLL ~~~e ;_= _________ i_",,-""c..,/_' --c--_i ,ii"."" "', """""'" T i tle-:,:,i~=~="'=~==================~=:; , ",.",p~ter:W. "POWell :/ /';;' .. BY;,/:" -+_/'~~-T-~~------ Name:~,~/_-+_~ __________ _ Title,: ---,-'--f--,.."c';"''::':'''~------ ,.,,' :~±BLTS/'/ i ,:',,:, HC E~$e~eh~ ,,/ " "A" uBli net. 110" liEn uFIl Eastgate Ea,seinel1t ''',,} -powell'Eas'eme'nt;" Lot 2 Easement Are~ Lot 3 Easement Area':, South Pad Enve:1Q)?fil"/' STATE OF OREGON ) county of M.~ltft.bMA~l ss. This instrument was of ~~~~k' 1996, by of Eas gate Theatre, Inc., an the corpora ion. OFFIClAi., SEAL JACKIE WILKES NO,A:,v "lIlLie OmlGO~ COMMiSS:ON NO Q~f,e2$ MY COMM:SSiON EXP:R~.:? AUG. 06, ltJ97 "---~, L.pd~EfL :,: . .. ':::, .. :, .. "" ..... ;:: Lloyd w. POWE!lli' ::""":' ) .-,<-''''-':''''., ,/ .,:1'""'" " ;),./: .'.,' " .(' .,:' "'",:" 13 -FIRST AMENDMENT TO RECIPROCA EASEMENT AGREEMENT (SWW 1/00925/} G:B9aJ MA ~i34027 ,6.1 : .. :\,. ,/' effective as of Powell-orillia Aaaociates, II. washlnqton General partnerShip ::7-~:'--:-:--~---::-:-----Lloyd W. Powell, General Partner ~: HeWA Realty corp;', ai' Wa$hin~t[)h~y. .'. co)C"poration·"",'·' . .."" ;' /""',.pe.ter:"w> Powell, General ~, '@nQj ~1-. 'k.···,··ii,t(· i/, •. ~J:I;" , 'title: ~_" ..-\ ...,.._"""'i!,!!l.IL.l"""'''-'':.J..S:O'''''''IiU.LL...-_......,..... Pt;lt: eT W·· P""'ll '. :~~,q;l~'JI "'~'. j~,~-, Titiie, ....... .8ut1'lonzed SlgMtory., . . •.. , Lloyd w. Pow<i.lli .' EX~tij!:! :,.' ;',i', ." .' .' ... " AN -He l'lase1ll~nj;/' ,.' .•.. "B" -Ea5tgate '!aSel'ii!;l'i'lt ,/" "e" -powell·'c,;$a.seltl"'nt .i· "tI" -Lot 2 E~i\l'emlimt: Ai",. "E" -Lot 3 Easement Atea <IF" -SOllth Pa';! Snvetoi",' STATE OF OREGON 1 ) ss. COllnty Of ----) This instrument was of , 1996, by of Ea~tqate Theatre. Inc., an the corporation. ., ..... NOTAR'Y PUBLIC FOR OREGON "', My commission Expire~.:".", ... .:.i_· +-____ ,/"-_ 13 -YIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT '. ::.,. Executed in multiple c<nmterpa)"ts to be AffActive as of day of February, 1~~6. ~1'Ghb,···· .. pOW tLL: . i'" :E:~st:;~~1.;e 'rhea:t;t:~, Inc .. , an PowAU-Orillia Associates, a . Qfe9.6nco,:rrporation Wallhin9~on General i~~i:~;;~~:'';~;b ;y"~k~,·~~:~~ \ .: . "'. /" P.,rtner 11&: ,.,' e'/ ,/ i"" HCWA Healty COl:'P:, ,'~ WII~h~h;~b~ i corporation .. "\:::.::, ." lIXHIB1'fS( ~1 At) f1Bu Ife'l "0" "E" uFtj -He Elf6.ement ,,/::/" -EaliJtg;i(t~ r;~~'<ime"t'"i Powell Easellujint:·: -Lot l! Easelllent 1>.1'1><1 Lot 3 Easement Arez!;> South Pad EnVelQP.e/ S'tATE: of OREGON ) county of ) 81>. ) Powell, General ,,"";"" '>C'". This ~n8trument was aCkno~'leg~e9 b~foii metp.is·, dilY ..... ' '.' " ... ,' .. -",. of , 1996, by ot EastgAte Theatre, Inc" an the corporation. .. ,..... ... a S .r_ ..... _-c--i-.+--";;,,.-~ OregOn corpcrat~on, pnb .• nalf or .; .... ;. .,~. "\,:"", 13 -FlaST AMENDMENT TO RECIP~OCAL EASEMENT AGREtMENT ·w'""··· r- .. ~ '.~ .. 1 ! !, I ... _ . 11413 P13 oounterparts to ~e effective as of lIy: '+ ., Na.e:~~~ __________________ ~ l'it:le:.: __ ·--,'·"",. ______ ~ _ __'" 8y·: 10i1ll0; i ;: TiU,"-, ~~-+-.. -... ~.------ ';'...;/ ~n~us{" , . : ':'.,,~ .'." " ,/ :; .'" .' '"''::::''''' "AN "B" "cn -D" "En "FH : :1i~;::e~II'~ent·\: -Powell\Ea..m.nt: i' Lot: 2 Easement i.rOla Lot J EUellient; Are.·, -South Pad Env&l,~pe ,,/ "'.",,. ... : S'.t'ATE OF OREGON County Of POWELL: PoweH·-Orilli. As"oeiateG, II Wa5h!ngton General Pa;rtnership .,' Lloyd 11'. Powell ..... ",:' NOTIIRY PUBtl'~ POR O~EGOlf'" My COlIIlIliaaio:1 Expires, 13 -FIRST AMENDMENT TO :RECIPROCAL EASEMElI'l' AGREEMEN'I' '._. __ ~:r-=~',_'" ", .. , "'.-.-"'~ ". ';', -l; -~.--~---- OF MASSACHUSETTS ) ~ObNTY'9F MiDI?U;~EX l Sl'. .....Qri' E4..!iuA~ l';I'N~. bero):'e me, /~f, (id~. II 'H:~~arl'" pUblic,.'l.n. ~l\d ~!iir "."': d state. personally appear Edward·J. Wel~(!l ger /·'/.~ ... peraonally known to me (Ol' pr,Q."eoit,.,-" t.o me.;:>p tn .... baeI" cit satJ,sf,actoJ;;y. evidence) to be the persoR. £. Y • "'" whose "nam~ H' .. subrl"ribed .it,$ithe ..... ithin instrument and ,:(' ","""', (J '" acknowledlil"d 'to,~e .tha~··'~"'/sh,{:'jh:;iOc~ted the same in h1!1/h,g./ Q-<,:-." authorized!;'~p."c~ty. ,nd'1;hat J>:(.h~"/her signature on the {\ ~ 't,. ' .. instrument, the perscm. q:r t):)e .errtity upon behalf of wh1c~ :the .' ::> "- person acted. ,,>c.but';-d t,he iniotrujent. i!-\ '. -}, i ."", "?;. <. ~ , WITNEssiiiy hj!lnd o1'1:161a1 U) .,~).':~ \ / • tJc' .. 1/ .. :.-. -:' .. '. COMKONW~iiH OF MA55ACHUSETl'S ) ••.. ~ ) .... COUNT~ OF'l!!ID~LE5EX ) ..:' ' ....... . lAURI~ E R;!..~v. i\;,:J~.T'/ ,:'I;ih::t "No~·ar.t P~bl~'c My Com:11j33i:.:.i"! E~plies Dz·c~;r.'b~~;· 3;]j j S~.g "::'",", .. :' \ .... , 14 -FIRST AMENDMENT TO RECIPROCAL ~SEMENT ~GREEMENT ,;",." ... ",.", .. ,-. state .,," '~ . .. :' (s'KWlIOO91.sAa.~.~~/~-6loep1.'J .'I}/:::" ,;,: ., ..... . '~TA'f~ or WASHING'roN ) . C9Uti~}QJ _., __ " __ .J .• ; .' ,," S$ • j .;,: .,:" ... ,/ .~ :;. /! .::':: ,""" 01'1 this day of t 1~96, before me, the i '\, / urideisigned, /!,,,Notary Public--In ann;;;r the State of Washin9ton. '"",,,,,,,.,' .;1u1Y 09l1\lt'.is,;<-loniid and S119rn, personally appeared Peter W. Powell, ,'-'known.to .,·b,e the person,i"i>lhO:>executed til is instrument in his ".ir;d1viduil;l' ca'paoitY,tilld ,!!,iGeneral Partr.er of powell-orillia As:soCbtes",a \:Iashirigtor-(ge'leral. partnersi1ip, the partnership thi!lt,ei.,,¢ut~c!.th~i f"q,r eg (),tr,'$:" insli'r;,ment, !V,GI acknowledged the lnstrrtment t(l>"beihi,iS ire''';'' and,"v"6l'untary iiI,zt and the free and vohmtarY:,act a,n'd dee¢;{ tha't, p'iit,r;tJ,ership tor the uses and pUrpOl'iM the.:re,in l(i'efl1;'icm¢ct, a,)'\o;j"'on oath s':atad that he was author i:z:ed to exe'cute thit iristt-ul\il!.nt on b,~halt of the partnerSh ~:~TNES':~lY l'i'~n9/:r.~o~iict:~~ei\ l'f.;;i~to aff bred the day and year fir-st abovl} wfitlte.ri.".-:' .i Sl"TE'6rAlu~b~k ...... ) ,i ''-" ... /.''.:,. f·· ... '/' ""c). 5S. cO\1nty . of l.J(f~j....u::;IJ{;~Y: .,' ,,-:: .... :.'?: . . ( J' { NoTARY PllBL~:~ ,ih':;nd' tor tt'a.'state of Wash ilJ9t(,n,;' r.~sl,ding II'\: f--' __ ~ My commiss'iori ElrP!,ies{ oj; t-bi,.,/:1/day--'of;;lJ.wft.·V-i' 1996, before me, the undel."siqn .. d; a',.N;,otar:t'public: in and fat t~e Stata of Ari.zona, duly commissioned §ih4 swOi;.n, ::pe:l'sonally af'peared Lloyd 1-1. Powell, known to be 't~e pa'r.oni'wh6"'~r-eiut)"d this i nstl."umant in his individual capa'city' arid as GeIieri;ll "".rtner of E'owell-0liillia Associates, a washlp.;tt"otf·.qeneral P1!,rei)'erf,lh Ip, the partnership that exeouted the forego!ti':! ,in!j,tru.I1Hmt",··a"nd acknowledged the inatrull\9nt to be his'fr .•. e" a,nd voluntary act"a"d the free and VOluntary act and deed of t;hat',.pl!lttrret;ship fot the uses and purposes therein mentioned" and"on ,:'oath jst"\lted'-'that ha was authorized to al<ecute the inst:iament,on ... ·'be!ialt, ofJ,ihe partnership. ., .... '.', ''''., WITNESS my hand and off i~iai s>ia 1· her~t'6 '~ff il<~il day and year first above writtetl. . .' ." '''''''. "' .. ,"::.,; .,' the .' ':' .. --) ( / /Jl)t;Jr.l"i NOTAR PUBLIC in IItnd""fol'"' ,heSta.te' of Arlzona, residing at My Commission ElCpius: Cpl. f."/l'Zt/!' 15 -FIRST AMENDMENT TO REcr~ROCAL EASEMENT AGREEMENT , .... ----------_ ... __ . 11413 P15 STATE OF WASHINGTON I ·c I') SS, icourityqf d«(~ I ./J .cc. /',: on this K day of r.el1AlI~ 1996, befqrG me, the ,.' ufu1eisigned;·".·.Notary P\l.blio 1niIiid1'£i-the state of waShington, duly cOlD!liisBion~ an~,'··6Wi)rn,.peraonally appeared Peter W. powell, JmoWn :tp bl!!"..~e Perlilon wi)O executed this instrulIIent in his '.' individual' oapaolt~ aM'''is .General partner of Powell-Orillia ~so¢i;lte~. ti. w!lBliingt~ 9~ner~].,partnerShip, "'.he partnership thAt e~ec~:t,;ed ~e'fo:r;~",irig J~iil1;i'i\j!ler;t, and llcltt'owled<,Jeili the inllltruluent to .behieifi;ee and vQl\j:i1tary aot and the free atld . voluntary Bey'-and d,ed"9f th.ii1:,.~rtner&hi p for the uSeS and pUrpOISleS 'therein ,...ntiqned .• )'and,·pn oath stated that he was al:lthorizeCl to tixec;ute .,the·instrUment on behalf ot the partnership. ,if /' ......... i"" WITNESS 'lilY, hahd .• lInd'·ofti<;-i·al ~ealhefeto day and year first. abQ,;e'liiriiten .:'" :',;/ ", , .... ".,:: affiX(l(1 the :~~t~fjf~m~;'~::/~' n of wa5h~.I1!Jt.~~·. ~.es~din~ ,ilt. ~ Ky cOllll'llissi'~n E~p!,res;' --,;7<-' _-"'7 .. ~"-"-' .L.L.L.. __ i~TAT~ oil ARi-~tlNA, I t' co~~t){"~'+:.'_-r __ ·.:;,.:·" I. ss. .'.,' "'" .f' fon A~hi~ i day'of , 1996. before lila, the underplgned .... a.Notlii'Y' PUblip In and for the state of Ari~ona, duly co_j,sBtoned/aM f,>W9rni, p~rsonally appeared Lloyd W. Powell, known to b.e thQ perSO!)" Who executed this :instrument in his individual·i'!a.p;;u:lity ~bd as· .. Gl!!t..eral :\,artne): of Powell-Orillia Associates, a W1\sbinqtqn general partnership, the partnership that executed the:rol'i:!goinq.inst.ru.menf,·alld acknowled'led the . instru,."nt 1:.0 be· hirr fr~l!! .mq .volJintal-y' a(~t .. and the 1'ree Ilona. voluntary act and deed,'ofthat partnerShij"fol; the US"S and purposes therein lIentionec$, IU\d.':DnOatl'l Sl;ated·. tbllt he was authorize(l to execute the::inst:l:llmeiiton/b"haU"of·the partnerShip. J' ..• ..... day and WI1'NESS Illy hand and ~ffti;iai "'lIlI1heJetci afii~Ba. year tirst abCIVe written.. .~ . the NOTAIlY PUBL1C in and for the Sltat£\ 01' Arhona, resillingi"at "L.i_· +.' _;;-...... _ My COIIUIIissit'll Expirl;'S : .. ,"_.--,'.'----:'_"'-_. 15 -FIRST AMENDl!lENT TO RECIPROCAL EASEJoIENT ASUmlEltT PAGE: 02 Horton D""lis &: ASlocilll,s, Inc. UDA "C9ltSullillgl;i;ngin,ers, PlIJ1r.ners &. Surveyors J " .. ~~:/ '~:: i {i' EXAi'kO:"A"/ HC EASEMENT THAT POR110NOF,:.{qt 7,.B4"~;NGj'b~ l'\lORTHERN BINDING SrfE PLAN (BSP.OI4·92); , PERMAJ' RECORDED INVOI1JME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE; UNPER.'RECORPI!4C NUMBER 9206302696, RECORDS OF KING COUNTY, WASHINGTON, S~TUAtE IN SEqJQN 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M., BEING MORE PARTICULARLy titSCRlaEDiAS FOLLOWS: BEGINNING AT THE NORtliEASTCORN~R OF ;i)AJOLOT 7; THENCE NORTH 87"50'47" WEST ALONG THE N6RTH LINE THEREOF 71j.OOJ1EET; THENCE SOUTH 01 °50'09~'WEST PARALLEL WITH 'THE EAST LINE(lF SA1D Ldt,'7 A DIStANCE OF 553.68 fEET;'.1HENCE SOUTH 88°09'51" EAST'7d.oo,'fEEt.TO'THE EAST1.INE OF SAID "" 7; 11IENCE NORTH 0l·50'09~EAST ALONGSAlD·LlNE 553.30'FEET TO THE ,', l'\EGINNING. {,./i J ,; .ii /' / ;'/ .j: 20 SIICIJJUi APe"IU s..utlt, KirkkDul, WU";IIgtOIl 98033, P"(l"~ arM) 822-2525, Fax (2rM) 82;~87j$ I IbflJImiI • w,_ ....... /JIUV" """ i ',: ,.~' 21!l6822.\:I(:;S H D A PAGE 03' Horio" Dennis & Associlltts, Illc. UDA ":. .",' },. ,/ }Et~rfi;B,~'~Ei\STGATE EASEMENT ,{ /<::, THAT POR'pON'O~·i.crf 7 ,t&kLlN$JO~ I'tORTHERN BINDING SITE PLAN (BSP-014-92);,,~p,RMAl' RilCORDED l~v9tUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNOERiRECORDING NUMBER 9206302696, RECORDS OF KING COUNTY, WASHINGTON, SliUAiTEjN SEcp01S 30, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M., BEINCiMOQ.E PARTiCI.!LARLY DESCRIaE;O/AS FOLLOWS: . .' ," ";: COMMENCING AT THE N6R+HiAstcoaN~~,o~ S;~,lD~OT 7; THENCE SOUTH 01 "50'09" WEST ALONG THE EAs:r,iINE THERE6FS5l;30 fEET TO THE POINT Of BECilNrI{IN"1 G~ THENCE CONTINUING ALONG SAID EAsf LINE".sOUTI,{Olo50'Q9' ,,;';""l;il'17T., THENCE CONTINlfJNG AL¢NGSAib,tlNE $,OUrfJ ,2g'33'51' "''"CT. THENCE NORTH 01°50'09" :EAST 3(1Li54FEET; }rHENCE SOUTH 00 TO THE POINT OF BEGIN'NH:<'a./;./ ," =,;. ·":::;··:,."", .. ,·.i;' ., .. "',, ...... . :i}:.:,/ . !', .': .• ,. 20 Second Av",."" SolItlI, 1{jriJMd, Wuhlngton 98033, Piton" (206) 822-2525. Fax (106) 822c81ia I I/irtItuI4 • W.MIchN • B"NII . \. i .:,':' .i' ;:/' . ; . .1".:.,: .~' ! ; I H D A PAS;: B4 llorto1l D'II11" &: AssociaUs, Inc. HDA E~ii/"C"::'POWELL EASEMENT '-, /' .:.~., .<.' :.' .,. THAT PORTION J L~T.·j:./·cm{:b·,{ ~~NTON LOT LINE ADJUSTMENT AS RECORDEDINYOiUMB 106 OFSURYEYSj,'PAGE 180, UNDER RECORDING NUMBER 9511299006, RECORoS OFKIl'fG COU~Y;'WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH£ RA;N'GEi :5 fEAST"W,·M., BEING .. MORE PARTICULARLY DESCRIBED AS FOLLows:· " /' , . . / BEGINNING AT THE NO~m~T,t6Rl'fER.bf/S~tD·i~OT 3; THENCE SOUTH 88°09'51" EAST ALONG THE Nd'RSrH LtNETHERE'bF 111. lS., FEET: TIlENCE SOUTH 01·50·09.~\VEST 426.54 FEET' THENCE NOR"I'H.89°0S'2S· WEST il1.S4 FElh-.rO THE .': -:,. ' ';. ".;.::." -",. , . '.', ........ WEST LINE OF SAID LOT; THENCE AWNO;SAID . WEST LjNE 1'I10RJ'H .01·50'09" EAST iL%j.FEEt; THENCE NORTH 28 °33;51" EAST COl\lfiNtJlNO Ai: .. O~GSAID LINE 218.?0 FE:ET; T!iENCE NORTH 01"50'09" EASTCONi'INUING ALONG SAID LINE 162.63 FEBT TO THE POINT OF BEGINNING. ......../ ..; '.' :, ..... ". , .. ~:. "./.: i> ;; .,' ;: i: ,/' " Setortd .4.".IIU~ Soul", KJriJmJ4, W .... 1iingtoll 98033, Pltont! (296) 822·2525, Fc (296, 82it87;S KlrtIiIJUI • W_hH • ih<",," .... , .. /' ·.~ .... < PAGE ~5 Hotton DlIIlInis &: Associ4t1/1S, Inc. HDA .:: )l;X~ri:';;~"';;WT Z EASEMENT AREA . ... ./.)"'::/' t .,'.:. >"":/' .: .. THAT PORTION OF OOTiZ;,/CITY,OF. RENTON LOT LINE ADJUSTMENT AS RECORDEO"NYoLUME 106 OJ:'SURVtYS;t>AGE 180. UNDER RECORDING NUMBER 9511299006, RECORPS Of KIN(l CPUr{ry/WASHINGTON, SITUATE IN SECtION 30, TOWNSHIP 23 NORTH,' RANGIV 5.EAsT,.W,~., BEIN!':'h,MORE PARTICULARLY DESCRIBED AS FOLLOWS:, i / .::::: ... J BEGINNING AT THE NORtHWEST ,CORNER ()fiSA;iO"WT 2; THENCE SOUTH 87"SO'47" EAST ALONG THE NORTijLlNE tHEREOF83.~S ~JlETTOTHE B!1GINNTNG OF A . CONCAVE TO THE NORTHWEST,H.WING Pi; RADIU& OF 605:1\7 FEET; . Y DIRECfIONA).1)N(V'niE ARC OF',SAID CURVE,PASSING ANGLE OF 02°48;55"" DISTANCE'd'F'29. n:FetT;i THENCE m ~';(l'(lO~':WEST 553.40 FEET TO THE sount L:JNE;,OPSAllirpT2; THENCE ",r.t.iru ; WEST ALONG SAID SOUTH LINE 113.1S'FEET 1'O,J:HS'WEST LINE P011N1',OF:~~iN~?~~0'09' EAST ALONQ,7A1Q'W1'.ST LINE 553.30 .:'.,:,:,;.;. ::- :: .... ::. ,/ y' .. " .... ':. , .. ,: 16:57 ./." . . ,;: Horton D,nnis '" Associates, lilt:. HDA /""'Consulling Engineers, Planners & Suneyor5 THAT PORTION' Of LOT'3rA:ITv(tm' R~NTON LOT LINE ADJUSTMENT AS RECORDEljI~ VQLUME loti OF',SURV£YS;PAGE 180, UNDER RECORDING NUMBER 9511299006, RECORDSOBIcING COlJl.ITY;,WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NO~1'H,,'RANGE/5:EASt, 'Y.M., BEINO.,MORE PARTICULARLY DESCRIBED AS FOLLOWS:, ' , " "( if BEGINNING AT THE NORTHWEST ,CORNEk OF ,SAID 'LOT 3; THENCE SOUTH 88"09'51" EAST ALONG THE NOlnfUNETHERE0fil:k15 fEET; THENCE SOUTH 01'50'09'"W~ST 426.54 FEET; THENCENORTH89°{}S'2~' WEST 21l,.54 FE~T10 THE WEST L:INE(i}f SAID LOT; THENCE ALONG ,SAID WESt',uNe NORTH Ql °50'09' EAST 71.99 FEET; THENCE NORTH 2S"33'Sl'"EAST CONTINUING AC01':lG SAID LlNE 218.7QFEIP\ TI:l:ENCE NORTH 01"50'09' EAST,CONTINUING ALONG .sAJD LINE 162.61 FEEr to' POINT OF BEGINNING. ' "" ' "", ,i .~. .!' :: COkrAINU>lt 64;'n6 -p-""""'::- ./):,:,/' ", :.:( ".,. :: i: o S."olld AveliNe SmdII, KirirlllnJ, Wouhlllgtoll 98033, Ph!)II" (206) 811-1525, FaJC (106) 821~75~i I KirlrlMll • W • ..-..... • BurllI1I ' i m l>' co -I < ,. r r m -< :t: o :::t :e EXHIBIT "F" This map shall not supersede the provisions of section 3.1(g) SW 41ST STREET frr#M 1IIIIIFWri III1I1I1IIIII1 U ('Iolllllllllflr.'1111I:lIII",<j'I'. - z ~ ! d '" '" S .. '" "i i '" .... p <> q " • " WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton, Washington 96055 (Space Above This Line For Recorders Use) GRANT OF EASEMENTS THIS INSTRUMENT, made this ..1 t y omHI~'t9~?,hy and between HeW A REALTY CORP., a Washington corporation, hereinafter called "Grantor," and the CITY OF RENTON, a municipal corporation of King County, Washington, hereinafter called "Grantee." That said Grantor, for good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, grant, bargain, sel~ convey and warrant unto the said Grantee, its successors and assigns the following easements over certain portions of that certain real property located in King County, Washington and described in Exhibit " A" attached hereto (the "Property"): 1. An easement for public utilities (including water, wastewater and surface water) with necessary appurtenances over, under, through, across and upon that certain portion of the Property described in Exhibit "B" attached hereto, 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. 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: (a) The Grantee sh~ 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. (b) Grantor shall retain the right to use the surface of the easement as 10ng as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: (i) Erect or maintain any buildings or structures within the casement; 9S07202D.OC IIMLMJW887M8l11 ()..23-95/meg ..-.-~- + 'Jd T' ," ¥ 'it" ;e' he .' " \ a :." I· ) . , I·· I • !'\I " j 1 ., ~ , .. • (ii) 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; (ui) Develop, landscape or beautifY the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area l\IId any private improvements therein; (iv) 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; or (v) Blast within fifteen (IS) feet of the right-of-way. 2. An easement for pedestrian access, ingress and egress over and across the driveways and roadways over the Property as the same may exist and be revised and relocated by Grantor from time to time to inspect the wetlands area located in the northwesterly portion of the Property described in Exhibjt ·C· attached hereto. Grantee shall restore any improvements which are disturbed or destroyed as a result of or in connection with Grantee entering upon the Property to monitor the above-described wetlands area. These easements shall run with the land described herein, and shall be binding upon the parties hereto, their heirs, successors-in-interest and assigns. Grantor covenants that it is the lawful owner of the above property and that it bas good and lawful right to execute this agreement. HCWAREALTYCORP., a WasbiJlgi()O corporation -2- 9S07202D.OCI1MI..M/W887Q.083/10-23.9Slmeg -'.', i ~~,..', '-.-~:--;;:' ....... ,'~ " ...... ', .,", n' " . "': •. ', ';"',' ;._ ' ........ '~ : •.. ,' ~:'h • 'i. ,_ ! ' ,. " ','" " . . " .. ., • . I • • • ., • \ ~~!~~t.:.~t..: ... :. : ..... :: .. , .. ~. __ ',.: ':':',:' ~" .. '~.:' .. ~ :::: ~"::' .. ', ,;. '.':.-:, .... .. 1 '. ltJ O'l Cl.l o o N .... .... ltJ 0') • • ) COllUDonweal th of MassachuBetts ) ss: COUNTY OF Middlesex ) Herbert J Zarkin..J.. I certifY that I know or have satisfactory evidence that Edward J. Weisberger signed this instrument, on oath ~ that he was r~~rized to execute the instrument and acknowledged it as thcPresid~\9r \flee PteS cifHCW A Realty Corp. to be the Inc and voluntary act of such party for etises and purposes mentioned in the instrument. 9507101D,OCI/Ml.MlW887~8JII()..l).95Imeg ........ . " .. .' . -." . La\,.')(";12, £, R: Ie.i ,": "', : ' Notary Public in for the COllUDonweai..l:h, of' Mass. resid'ing. at &,,-,.~~c.~ , ",,' " ~. ~~ f, N ' C~ ," ' , " --," otary, Co, ''', ',' ,', • " . ,~, .. , ,', , t!.I:I, PGbhc, " " ... My ~ppomtment expires: My Cglllllli6&:'R 5:fl1;'." ~~ili'i)Q, ls!JIJ. .... .• ,J.,. ........... . ·3· It I: I. • • LEGAL DESCRIPTION OF PROPERTY LOTS 2 AND 3 OF BURLINGTON NORTHERN, A BINDING SITE PLAN, ACCORDING TO THE CITY OF RENTON BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO. 9206302696, IN VOLUME 161 OF PLATS, PAGES 8 THROUGH II, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING. STATE OF WASHINGTON. EXHIBIT "A" 9S07102D.OClfMl.MlW887~83/10-24-9SImq -. ,. ~ C'l fZJ 0 0 N ..-4 ..-4 ~ a'J I • • LEGAL DESCRIPTION OF UTILITIES EASEMENT TIiAT PORTION OF SECI10N 30, TOWNSHIP 23 NORm, RANGE 5 EAST, W.M., BEING ALSO A PORTION OF LOTS 2 AND 3, "BURLINGTON NORTHERN BINDING SITE PLAN" PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NO. 9206302696, RECORDS OF KING COUNTY, WASHINGTON, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, HA VlNG 7.50 FEET OF SAID WID'Ill ON EACH SIDE OP TIlE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; TIlENCE SOUTH 01 °50'09" WEST ALONG THE EAST LINE TIlEREOF (WEST MARGIN OF EAST VALLEY HIGHWAY), 27.50 FEET TO TIlE POINT OF BEGINNING: ntENCE NORm 87°50'47" WEST 371.62 FEET TO POINT "A"; TIlENCE CONTINUING NORm 87"50'47" WEST 376.19 FEET TO POINT "B"; TIlENCE SOUTH 01°50'09" WEST 266.00 FEET TO POINT "CO; THENCE CONTINUING SOUTH 01°50'09" WEST 261.59 FEET TO POINT "0"; THENCE SOUTH 88°09'5 I" EAST 398.94 FEET TO POINT "E"; THENCE CONTINUING SOUTH 88°09'51" EAST 348.85 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3 (WEST MARGIN OF EAST VALLEY HIGHWAY), AND THE TERMINUS OF THIS LINE DESCRIPTION. SAID POINT OF TERMINUS BEING SOUTH 01°50'09" WEST 36.30 FEET FROM TIlE SOUTHEAST CORNER OF SAID LOT 2. ALSO BEGINNING AT SAID POINT" A "; THENCE SOUTH 02 °09'13" WEST 50.00 FEET TO THE TERMrNUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT B"; THENCE NORTH 87'50'47" WEST ALONG THE CENTERLINE OF AN EASEMENT STRIP, HAVlNG7.S0·FEET IN WIDTH TO THE NORTH AND 20.50 FEET IN WID'Ill TO THE SOUTH FOR A DISTANCE OF 25.00 FEET TO TIlE TERMINUS OF nus UNE DESCRIPTION. ALSO BEGINNING AT SAID POINT "CO; TIlENCE NORTIl88°09'SI" WEST 25.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "D"; THENCE NORTII 88°09'51" WEST 25.50 FEET TO THE TERMINUS OF THIS LINE DESCRlPTION. ALSO BEGINNING AT SAID POINT "E"; THENCE NORTH 01 °50'09" EAST 39.50 PEET TO THE TERMINUS OF THIS LINE DESCRIPTION. TIlE SIDELINES OF SAID 15.00 FOOT WIDE STRIP TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE AT RIGHT ANGLES FROM SAID POINTS OF TERMINUS OR ON STATED ADJOINING CALLS AS APPROPRIATE. EXHIBIT "S" 9507202 D.OC llMLM!W8870'()83/1 0.23·95Imeg • N 'rtf T (' - tt' -. i , , i i < l 1 I 1 I \ 1 , I , I' . [ ·1 ~. .SEE PARC(L A SP 378-79 DETAIL "",," :-.::-c-":~:;:f'" u.. , DETAIL "",," ftlS 10'..,... ..,.... CCIIftQ. • (IIOT TO sc.u.a Lor 7 tSP-OI~-92 , • LOT 8 BSP-OI.t-92 A. '02s'zr .... If -.DS.,r L • rro.zJ' 3701 LOT 2 418. "0 $Q. n. I..," ACRa .nut COI<>£YAHC( COOI~.u.Q" """f- LoT J m LOT 1 AK(A • "',0" so. n: .. 0'.' ACRts 3751 LOT J , ,-,,,ag. so. rr. rZ.2Df ACRCS .ntII COH~ANcr S. W. 41 Sr. STREIT ~ • • <D "" LAA'QSCU( : • unr..,'" csw'r----: • • : , ~I . ..... J:-.. ,,~ '.:~.' .. ~ ,I .~ "~.~"""""M __ '~.J..."""~~-'''W'~'''''-''''' ....;.. ....... cM .. =,;,W'"'H' ... ' ... · .. •· .. • .... • ~ , · an rJ) · Cl) 0 0 N ;.oro4 .oro4 .an · al , : ; i - • , 1 I I " , ~ i \ • .. -._-_. WEILAND AREA DESCRIPTION Being a portion of Lots 2 and 3 ofBurJingtonNorthcmBinding Site Plan (BSP-Ol4-92) as recorded in Volume 161 of Plats, pages 8 through 11 inclusive, under Recording Number 9206302696, Records of King Cmmty, Washington and being more particularly described as follows: The West llS.OO feet of said Lot 2 and theNOIth 120.00 feet of the West 115.00 feet of said Lot 3, Except the North 25.00 feet of said Lot 2. IOOfIBIT ·c· 9S072OlD.OCI1MLMIW8870'{)83/10-23·9Slmq .. I I. I , EASEMENT [Sidewalk] Project: e ~ Pan:cil# 125360_°03° Grantor(.) N""", Tj mgtl:ly Reed. vp STR: SEc 30 8 3' -23-5 S~~Inte:sect~?n E~~t v. II, ""h. • SlL<!clsL;,J. Grantor, EASTGATE THEATRE, INC. for and in consideration of Ten Donars ($10.00) and OthenaJuable consideration the receipt of which is hereby acknO\vledged, does by these presents, grant, unto the City of Renton. a Municioal Corporation Grantee herein, its successors and assigns, an easement for public purposes with necessary appurtenances over, under, through, across and upon the following described real estate, for Right-of-Way purposes, siruared in the County oiKing, State of Washington: As Sbown On Attached Exhibit A For the purpose of constructing, reconstructing, installi.ng~~airing, replacing, and maintaining a public 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 from date hereof. This easement shall run with the land described herein. and shall be bindi.ng: upon the parties, their heirs, successors in interest and assigns. Grantors covenant ~ they are the lawful owners of the above properties and that they have a good.and lawful right to execute this ~t. IN WITNESS WEEREOF, of :" ~ t .......... 6er- App ved and Ac~ By: City of ton / city Clerk " said Grantor has caused this instrument to be executed this ~d.ay ,19~. INDIVIDUAL FORM OF ACKNOWI EPGMENT ss ;=~::~~;~!~~:E~~~i~~~~;;;'~~~;;;i"" is the person who appeared before me, and fi acknowledged it to be (his!b.er) free and VOhllltary act STATE OF WASHnfGTON ) )-..-SS COUNTY QF KlNG ) I certify that I know or have satisfuctory evidence that signed this instrtunent, on oath Stated that heJsheithey waslwere authorized to execute the instrument aud acknowledged it as the -'-;-C:C-7C-:;--","~C:--of ---c~~=-:;:-==-c---to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the mstrument. Dated _____ _ Notary Public in and for the State of Washington residing at _________ _ Notary (print):_--, __________ _ My appointmem expires: Horton Dennis & Associates, Inc. HDA Consulting Engineers, Planners & Surveyors EXHIBIT A SIDEWALK EASEMENT LEGAL DESCRIPTION THE SOUTH AND EAST 15.00 FEET, AS MEASURED PERPENDlCULAR TO THE SOUTH AND EAST LINES OF LOT 3, CITY 0FllliNTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180, UNDER RECORDlNG NO. 9511299006, RECORDS OF KING COUNTY, WASHINGTON. SAID LOT 3 BEING A PORTION OF SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDlAN. 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822·8758 Kirldand • Wenatchee • Burien _=--1 WHEN RECORDED RIolURN TO: Officc of the City Clerk Ren!on Munidpal Building 200 Mill Avenue South Renloo, WA98055 Utilities EASEMENT r ProjectFUO A-CT III Tft_=-tn~ Pared Tn Account It's 12536-0030 Gr.mtor(.) Name Timothy Reed. V. P. R:rs<) Sec 30 & 31-23-5 G; V«-Ilo 1M. lJ Sw 'II" Sfyeet TIllS INSTRUMENT, made thjs~y of by and betWecn EASTGATE THEATRE, INC. [pt=c prln<0<17P<~)"'-')1 and and and and ('- hereinafter called "Grantor(s).~ and the CITY OF RENfON, a MuniCipal Corporation of King Counn', Washington, hereinafter called -Grantee." $'. That said Gcantot(s), for and in consideration of the sum of $ .c: c::? 0 paid by Grantee, and other valuabk consideration, reCeipt of which is hereby acknowledged, do by these presents, grant, Qargain, sell, convey, and w~ts unto the said Grantee, its successors and assigns, an easement for public utilities (including wa&c, wastewater, and surface water) with necessary appurtenances avec, under, through, across and upon the follOWing described property (the iight-of- way) in King County, Washington, more particularly described as follows: See Attached Exhibit "A" ~ V'> '" ~~ ~ m Q ~ <> ~~--! = m ~, :;: . m "-J. . '" w -< .. w '" :1:?:~ ~ '" '00 .;;; <> z~ ,. '" ~ -< I [l()UJMENf FORM Al'l'l\OVID BY an-ATTORNE' 5U'T_ 20. 1992 lJIiliti05 E:as<:mcnt Sheel 1 of 1 170i ii, i) I , I ;: i g , ~ I· . 'I..i . 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 tines, together with the right of ingress and egress thereto without prior inStitution of any suit or proceedings of law and without incqrring any legal obligation or liability therefore. 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 tenus and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the casement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediatdy 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 usc does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: r~-· 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 ~ent area and any private improvements therein. d. Dig, tunnel or perfonn other foems of construction activities on the property which would disturb the compadi~n or unearth Grantee's faciliti$ 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 nUl with the land described hercln. and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors cove~t that they are the lawful owners of the above properties and that they have a good and lawful rig11t to execute this agreement. Signatures of Grantors: ;:'~7~ ond ond and ond REI'R1lSENIATM fORM Of AQCNOWIEPGMENT ) )SS COUNIY OF !aNt; "'~ I certify that I know Or' have satisfactory eVidence tha0t~'f s\ ' signed this instrUment, on 00$ sUj.ed JE?e!sh::~ey yI2S/were aUthOrized. ~ t.9, ~ Ehe~trument and acknowledged it as the V\c.t: ~:~.:L_ of £D<rXi;~~ /'t(rOC the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrurp.ent. O"ed '\\(,\q", ~,~~ NOtary ~!n and for the State of 'Vas~ t'5iding at 5CQS S't. IOf,(:tc5 Q.f- Notary (print): SA1YbR-A-YhAA-\.Q~ ,,...e: My appointment expires: 'N2 Q.1...( ! ± i ?pQO Utilitles Easement Sh=l2ot]. Co<pon.te Form Horton Dennis & Associates, Inc. HDA Consulting Engineers, Planners & Surveyors EXHIBIT A WATER LINE EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180 UNDER RECORDING NO. 9511299006 RECORDS OF KING COUNTY, W f>.IDIINGTON, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, THE CEN1'ERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH 88"09'51" WEST ALONG THE NORTH LINE THEREOF 748.05 FEET; THENCE SOUTH 01 "50'09" WES1: 20.00 FEET TO A POINT ON THE SOUTH LINE OF THAT CERTAIN 15.00 FOOT WIDE WATER LINE EASEMioNT AS SHOWN ON SAID LOT LINE ADJUSTMENT MAP AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 "50'09" WEST 10.56 FEET; THENCE SOUTH 43"09'51" EAST 36.30 FEET; THENCE SOUTH 01 "50'09" WEST 305.92 FEET TO POINT "A"; THENCE CONTINUING SOUTH 01 "50'09" WEST 78.86 FEET; THENCE SOUTH 43"09'51" EAST 19.21 FEET; THENCE SOUTH 88"09'51" EAST 172.06 FEET TO POINT "B"; THENCE CONTINUING SOUTH 88"09'51" EAST 70.59 FEET TO POINT "C"; THENCE CONTINUING SOUTH 88"09'51" EAST 140.53 FEET; THENCE SOUTH 43"09'51" EAST 23.28 FEET; THENCE SOUTH 01"50'12" WEST 334.43 FEET TO THE NORTH MARGIN OF SW 41st STREET AND THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "A"; THENCE NORTH 88"09'51" WEST ALONG THE CENTERLINE OF A 15.00 FOOT WIDE STRIP 29.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "B"; THENCE NORTH 01 "50'09" EAST ALONG THE CENTERLINE OF A 25.00 FOOT WIDE STRIP 35.83 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "C"; THENCE SOUTH 01 "50'09" WEST ALONG THE CENTERLINE OF A 15.00 FOOT WIDE STRIP 32.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. THE SIDE LINES OF SAID 15.00 AND 25.00 FOOT WIDE STRIPS TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE ON SAID EASEMENT, ROAD OR AT RIGHT ANGLES FROM SAID POINT OF TERMINUS AS APPROPRIATE. ALL THE ABOVE LOCATED IN SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMElTE MERIDIAN, KING COUNTY, WASHINGTON. 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland • Wenatchee • Burien L'.-___ ~ ----------'-- --- I I: I • ~ ~ EAST VALLEY HIGHWAY ~ I!l e I i ! ~ I' i " ; ~ I WHEN RECORDED RETURN TO: Office of me City Clerk Renton Municipal Building 100 Mill Avenue South Renton, WA 98055 WETLANDS PRESERVATION AND MONITORING EASEMENT Grantor, EASTGATE THEATRE, INC. and ~prim"'typo~)-(,)] Pro;oct, MC' W ,,,"",,er PID: 125360-0030· GrantorTjmothy Reed.· VP 8TR: Sec. 30 & 31-23-5 StreetInt"" .... ctiOE £. Valley & SW 41st Street . Hwy ~d, ______ -.-~ __ ~ ____ ~~-.-~ for and in consideration of mutual benefits hereby grants and conveys to the City of Renton, a Municipal Corporation, Grantee herein, an easement for the purpose of monitoring wetland areas, including the right of ingress and egress, over, across, and through the following described real estate situated in the County of King, State ofWashingron: See Attached Exhibit "A" for Legal Description If '" '" '" = '" :< m , j. '" '" .... & '" !i< <J> '" ~ ,. -< IN WITNESS WHEREOF, this instrument is executed. titis~ day of ... .r:;4 >' ....... /Ao <c ,19'U,. By: BY, Its: City PROi'lillTY IoIGMT. STA I '"" act for O"E~o'" INDIVIDUAL FORM OF ACKNOWLEDGMENT OF nr· 8IBN61'SfT ) ) SS __ """",,,,H~) that I know or have evidence that JJ;-~~ is the per!ion who appeared before me, person acknowledged that (he! . this instrument and acknowledged it to be (hisJher) free and voluntary uses and purposes mentioned in the in .. ",~ __ ~ OfRC:I.L SEAL AA MAR WHITE NO, (PI;a,;C • OR!;OON COMMe..: mO,C;;3ifl6 lAY COI.IP.tISSIOO SAQAll17,2OOj REPRESENTATIVE FORM Of AcKNOWLEDGMENT 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 ex~te the instnunent and acknowledged it as the , 0' _c===:-;c=-cc-c--c~'~'~c---to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated _____ _ Notary Public in and for the State of Wash~on residing at ________ _ Notary Ii>"nt), _~ ________ _ My appointment expires: _________ _ CORPORATE FORM OF ACKNOWLEDGMENT: STATE O}U;Jfa~lEHf8"fON ~ ) , SS COUNTYOF~ fY\<.l-l11VOtrlA~ On this /...Q day of ~e~tf'1'Y\k, 19~, beforemepersonallyappeared~!./'rC..:£eeJ to me known to be \r{\J;-~...Ati! A3t= of the corporation that executed the withininstrument, and acknowledge the said instrument to'bethe free and voluntary act and deed of said corporation, for the uses and puIp08e'> therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate ,,.j 0''''. OO'l,,,.ti=. .~ '-" ~ \ ~" """"-SW ~=~~~~~~~ffo~· ;i;::-'~~~~~~rt¥' rorv~ SANDRA MAR WHITE Notary Public in and for the State ofWasftiftgt@R 6rt.£(~~ \~ NC";;YRJ~UC ~"CCN Notary (Print) ~'D~A mA1$. WH-(tE I COMMISSION NO. (53183 .•• MYCOMMISSio.\JEXP!Rl::~APRIL17.2000 My appomtment expues ap2il i7 ?poo ,"'. Horton Dennis & Associates, Inc. HDA Consulting Engineers, Plilnners & Surveyors EXIllBIT A WETLAND AREAS LEGAL DESCRIPTION THOSE PORTIONS OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS A"'f PAGE 180 UNDER RECORDING NO. 9511299006 RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, PARCEL "A", COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 01"50'09" WEST-30.00 FEET ALONG THE WEsT LINE OF SAID LOT 3 TO THE POINT OF BEGINNING; THENCE SOUTH 88"09'5\" EAST 90.15 FEET; THENCE SOUTH 01"50'09" WEST 155.00 FEET; THENCE NORTH 88"09'51" WEST 101.41 FEET TO A POINT ON SAID WEST LINE AND POINT :A"; THENCE ALONG SAID WEST LINE NORTH 28"33'51" EAST 25.04 FEET; THENCE'CONTINUING ALONG SAID WEST LINE NORTH 01 "50'09" EAST 132.63 FEET TO THE POINT OF BEGINNING. PARCEL "B", ALSO COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE ALONG SAID WEST LINE OF LOT 3, SOUTH 28"33'51" WEST 56.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88"09'51" EAST 54.20 FEET TO POINT "B"; THENCE SOUTH 01 "50'09" WEST 104.55 FEET; THENCE SOUTH 43"09'51" EAST 38.68 FEET; THENCE NORTH 88"09'51" WEST 118.04 FEET; THENCE NORTH 01 "50'09" EAST 3.85 FEET; THENCE NORTH 28"33'51" EAST 51.95 FEET; THENCE NORTH 01'50'09" EAST 55.59 FEET TO A POINT ON SAID WEST LINE; THENCE ALONG SAID WEST LINE NORTH 28'33'51" EAST 29.19 FEET TO THE POINT OF BEGINNING. PARCEL "C", ALSO COMMENCING AT THE ABOVE DESCRIBED POINT "B"; THENCE SOUTH 88'09'51" EAST 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 "50'09" EAST 6.00 FEET; THENCE SOUTH 88"09'51" EAST 32.82 FEET; THENCE SOUTH 01 "50'09" WEST 97.90 FEET; THENCE NORTH 88"09'51"WEST 32.82 FEET; THENCE NORTH 01 '50'09" EAST 91.90 FEET TO THE POINT OF BEGINNING. ALL THE ABOVE LOCATED IN SECTIONS 30 AND 31, TOWNSHiP 23 NORTH. RANGE 5 EAST. WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirldand • Wenatchee • Burien I [XISTING ElERM ---1-+1", 25' \\£TLANO BU~ S2a"3.T5'·W-218,7IJ' -J:i-l-l __ PROPOSED DETENTION BASI"! -""Wle I SEE STORM DRAIN PLAN I ILtiO)'Jl" 7 SR!lJJDTIUIG On'lI'B PLAJill :!rOlE :B'U1lRlJIl\J«J'1i'lOl~ B!l!JP :M<QJ. 1!ll1l~ -®* 3C' ACCESS E~SEo\ENT [XIS1''1(; \\'ETLA'ID AREA I .~ -; ~ A I 1 ~ ., ij .~ .~ i "'" -!:! ()cJ. 1 1 ~ .:~ ~ • .~ CS<J ., ~ .~ , , j , :~ , .J j ., J . . ; , ~ • -: , ~ .:. j :j , ~ .~ \ " , i I ,~ .i ! , .;,; .' ;. " ;: .j ;: '"f;' DECLARATION OF CO:\lENANtS, CONDITIONS ANDRESTRlCTIOI'fS AND GRANT OF EASEMENTS AND ourtq.AlM OF CER~ PARKIN'S!EASEM.JJttS By and bet;eeo./ ./ ,.' , .. \ ...•. "..... .<-'H,CWA~ALTY CORP., a Washington corpo~~t,iil~i / and .... : ..... EAsTGAn mEA T:\:tE,JN,C., an Oregon corporation '.' .'.., '.' . -.' """"" .. :'" .. " """:, .. :' 96016009,OClIMEOIW8870-331102-06-96Icef '1'·'" .:.:j: .( .' ./ -,r ".': , . . (5 TABLE OF CONTEN1§ "..,. ~c, .. iALi, ... ,< ....... " .............. " ................................................................... . ..... ' --',. COVENANt~{ C~DhION$iro&tSTRICTIONS ................................ . .2 1. . 'os'~ R~Strictioh: ~~dj;;g ~~y;~fg~t"l'Fi~#tx ........ i ............ . 2. Use Re~trir;!l(n\~·Bi~dingi6n ItomeB~eJ)i&p~rty ....... .............. . . •. 2 -;,. 3. Use Restrictions ~indiilg ol)"Shqpping C.,fiter ... " .... , ............ "........ ..2 ...... j. ;, .;" .. : ." ,.'" .... :. / -'.-, Retail Use Restriction .... / .... / .... i ..... i' .. , ............. :·:: ........ < ... ,( .................. 3 5. Height Restrictions ......... : •. ·/ .. ,i "i ".:, .... /., .. / "" .... 3 ,;:':,. :~~: ""', :': ~ -.' ,:.-::. , •. ,' '"';. ;::'. .- 6 Ul)devetoped Building Area ........................ ,., ...... , ...... , .... J., .. : .... ;:.:.: .... ; .•..... .4" '/ 7.$;~e ~l~ ;~strictions ......................... ' ..... , ... , ..... ,: ... .i ......... :: .... : ... /'4 . f : 1\( Re~trict!i:ms £imiting Construction lntetference ... ':', ..... ) ..... / ..... /: ..... "./ •. /5 ,,;. p~kin' ~J: .. andStandards.... .. ....... ................... ....... ....: .. ) .. iL ,;:" ..... / ... 5 4. ';,;,:,:,,;. EA~EMENTS/ .. "r ... i/·:·'}···· :·c····· .. ······ .. · .. ····· .. ·· .. ········ .. · .. ·· .. ·· .. · .. ········· .. ··· "'."j:'. ....... 6 l~'R:eCip~oc~ Dflveway iaserri~~L: ........ , .................................................... , ....... 6 11. Service Onve Ease6teht ... ,.(:\: .... 3: ... i:c.· ....................................................... 8 -,' : . • ' ,-! 12 Pylon Sign E~~~~ni .... i •... , ........... / ...... ; .... /.:" ............................................. S MISCELLANEOUS ........... ".,,,,;,." ..•. 0:. ,.:: .... i .... :/.' .. , .. c.' .. :>.} .................................. 8 13 _ Constructive Notice and Acceptance':",:::.: .. ,/ ..... :' .. _ <',." ....... ;,:." .. , ..... . .,,,. ./ . ...... 8 14. Duration ofDec1aration .............. ': .. / .. , .. ,;': ... / ..... / ..... / ..... ,· .. :-:, ........ ·:: ................ 8 .W.'.,. J S. Amendment to this Declaration ......... _ ....... .': .. ,.,;.' ...... ,/: ... ,; ..... /': .... /~:,< .......... :\9 .,-, .. " 16. No Covenant to Operate ................................... '::·,',: ... , ..... /.; ...... , .• ,·'/ .... /9. 17. Severability ..... _ .................... _ ...................... , ...................... < .. ;,... .. .. ,.'/:.~ '\ ./0' 1 S. Captions ................................... , ....................... , ....................... :::''''''''''-::': -i- 96016009.OCI/MEO/W8870-331102-06-96Icer .. ....... 9 . .' ,.J .,21. Breach Shall Not Permit Termination; Notice and Cure .,,/ "Ri~hts ... /,.'oc··,·,,' .......................................................... " ............................. 10 23¥l;.~ac~ -:gffe9{onMbj:tgage~'a,!,14·Right)·o):ure .... ." .... ,: ";: .. ".".'.~( .,.j' ·;.·,i; .' .-: .... ;:'-' . ..... 10 ., ............. , ... , .. , ...... 11 24. No Pattnership,/r .... / .... "i .... ': ......... ::, .... :·i ..... ...:.". 25. Governi~;'L~: .. , .. t ..... i; .... t ..... i .• <//' ........... , .. " .. , .... , .......................... 11 26. Consent ......... ::.·... ... i.( ........ / ... e: .... :·:.::; .......... / ... X ....... . }" ":"" ...... " f ,F'···· 27. Estoppel Certificate ......... i·., ..... ;'" .. ,.;": .. L .... ,·'· .... .!: •....• ; .... /.,·': .............. .. .:: :··~"ir ..11 11 . ~: "'" -;, . . 28. Waiver of Default ....... .. ...... :i ..... i,i,"'.' ....... "".,:·" ... ..;· ... :./ ...... :':""""':'" .. 11,: '" / ":':. ".:. ':,. ',' . .,j' 29. C6unte~;.n~ ................................. , ...... , ............ ,/ .... i ..... i ...... ,."::.::::':.:,} .... ;; ..... A,· 30.··:~n¢c.:tion ;1U'ceL................... . ......... :'ii·i ... ./ .... :i::::.:!· ..... / .... / .. It 3:~. De~Jed i~cel................... . ......................... ,. ..""",.' ... ,'/ .. , "i2 ,.:' QUITCLAIM .. ,i:i.:: .. ,..... ..'i .............. . ................................... <:·:"./i .... 12 ,': •..... '" ·j2 . .Quit.Cltmi~fl)fu.ki*g g;;se~ent~................... .... ,... ................... 12 ·",.r' ":r}; .:' ,.' 33. Related Agre~m~nt .. / . .i ....... '" .. : ...... ',: ............................................................. 13 ,f .1-" .~: / ""., Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" """"" .. :" /' " .( ,' .. , ..... . Legal Description of H~Iri~B~se l'iopefty Legal Description OfEastgate·;;op~."'· Site Plan Legal Description of Annexation Property -ii- 96016009.OClIMEOIW8870-J31/02-06-96Icof , ~co6ING REQUESTED BY .•..•. AN:p WHl;:N RECORDED MAIL TO. ;: 'i· ¥tWA~~Ty CORP. \. ic!oHOJ:heBase: .... ,',. 3345 rfuchilson/ • . Irvioii, Califorhla' 921'.15 .i ". A~t~nti(Jfi. vi,,~ Pr.¢iildent R.eaVIl'~tat~,,/ ". ) .. '~·I,.' . ,.' (Spii¥ Abov~,Fo(Re¢order's Use) .f /" DECLARATION OFCO~NANtS, CONDITIONS AND RESTRICTIONS AND pilANt OFEA'SEMEriTS AND QUITCLAIM OF CERl'AWPARKlNf,!!);AS1£MI:NT8 . .' ".' ":"', .. :': ::;:"" "";; -,,' .;:" "THIS DECLARATION OF cqVENAJ"ITs, C;ONJ;HTlONSAJ'ID .' RESTRIctIONS AND GRANT OF EASEMENTS ANp Q'UITCLNM"QF CERTt\lN> PARKING EASEMENTS ("Declaration") is made'll~ot'Fe1JruaiY 7,·1.996,By RewA' REALTY CORP/a WjlshingtQn corporation ("HomeBase") and E~STGA:rE THEATru;; INC."Rn Oregon corpQ(~tiOl1<t"E$stgate"). ..' .... ,. f; ":.' .' .,.',i ; . / . ~-<~_ii 0;!~m...", ::,:::: ,.m~.~~, i, '"" Ciry of Renton, CountyilfK,lng/State pfWashi'ngton, described in Exhibit "A" attached hereto and by this reference in6j}rpO'fated \!e(ein (the "HcimeBase Property"). HomeBase and any other party who subsequent1ya~qui~~ititle t?'all dr .. a;iY piJrtlon of the HomeBase Property is hereinafter referred to as the "HomeBase Pfbperty 6Wjl~r. "i B. conetirrently~!ththe ~Clltion~d(e"ordation of this Declaration, Eastgate is purchasing from HdfueB~seiertl!1n r~1 p~iipefty adjacent to the HomeBase Property, which is situated in the City ofRenton,GountY'ofK,irtg,Stati,'ofWashipgton, described in Exhibit "B" attached hereto and by this referenc(:jnco,por<ltedherllin (the "EastSMe Property"). wtgate and any other party who subsequently acq~i~~s fee title t{)':all '* any'pprtio6. of the Eastgate Property is hereinafter referred to as the "Eastgjite property Owner." )HoIileBase;oEastgate and any other party who acquires fee title to all or any Pd~ion QftheEastgateptoperty or .. the HomeBase Property is sometimes referred to herein as an '\)wrieL" .,,:/"'\/.' ": C. HomeBase would not otherwise agree to seUJhe:Eastgat~··prP'p¢'rty te(:·. Eastgate and Eastgate would not otherwise agree to buy the Eastgate P(opetty'frgmHoqreB1lse without the restrictions, covenants and obligations, and the grant of easeinents set'(6rthfu tb.\~ Declaration. .."""." .,:' .• " .i· 960 16009.0ClIMEOIWSS70-331102-06-96/cef ,.' D HomeBase will hereafter hold and convey title to the HomeBase Property .... ' subjeq'tq certain protective covenants, conditions and restrictions and the easements as h~teinirlttji ~et forth. " .~~,: .. / ./. .,.... E. Eastgate will hereafter hold and convey title to the Eastgate Property ........... , . ~bje9f to ~he c6v~nantsiconditions, restrictions and easements contained herein. i','/" " . iii'. ""··'>\tt~i:he~ .. j):~;~~:';;;d incorporated herein by this reference as Exhibit HC" is a'slte plan depictiQg th~ HOJll¢13ase Vr1lpet;tyan4 the Eastgate Property ("Site Plan"), The areas labeledOI)',ht Sit;; Plin a.~"(h)tparc~",¢e reffi/'r!)d,to herein a~ Outparcels. The area labeled on the Site Plan (,,5 "th~~tr",Par.¢el"js.i~fbrred ,~6:h1eitl?sometimes as Theatre ParceL The area labeled on theSi,te Pla~{as :~HO!p'eBa~ Parc~l" ,,is'referred to herein sometimes as HomeBase ParceL The terni"shoppiiig Giinter':;use9'hl!~ein\"efers to the Outpareels, the Theatre Parcel, and the HomeBase Parcel. :,',. . .. / ,.,.' .. .. ;:' " i"CDVENANTS. CONDITIONS AND RESTRIcTi(:n§S .' .> ,-" ",:.,! ,/ '."t: y :! .•.. w •.. , 1, (: US~ Rlistrittions Binding on Eastgate Propertv. So long as the HomeBase Parcel is used asa gertetal I¥iiFthaf!~is~r se!lin!!.home improvement items (or has been so used within the past tWe)ye (lfrin6ntl:l~), ni),pqition ilfthe Eastgate Property shall: (i) be devoted primarily to the sale6fhardware( (ll) be de-:P'tedprimw;jly to the sale of paint; (iii) be devoted primarily to the sale of gardtn o{mit&ery items,iir sl,IppJli;s; (iv) be devoted primarily to the sale or display of mill work producci'o;r supp)les,.inclriding~ withou'ilit.nitation, doors or specialty doors, custom kitchens, kitchen cabineti'y;"cust6m 4binitry,toJ,i~teri'6r(;ountertops; or (v) be used for the operation ofa "home improvement ~tore';'As u~edherein"the trign .. "home improvement store" shall mean a store devoted primaIilYlo}he sale .6f home Impro~emel)t items such as lumber, hardware, paint, gardening supplies, IigiltU!g,cust6m ,,~bin~try, kit~hens and millwork. ":; ," ," '; ,: " ," .. , ..... " ... ,.,. 2. Use Restrictions Binding on lIilnleB;$e Pt'Op6fty""Sb'10ng ast!}e Theatre Parcel is used to operate as a movie theatre (or has been Sd\IS¢d w~tbin:tl;le pas(\;;Yelv~ 02) .. monilis), no portion of the HomeBase Property shall be used for ~fie prirPose;(jfoper~ti1).i>; a $will. theatre . .. .... ,:..\./. .., . . ..~ .. ,"., .. l Use Restrictions Binding on Shopping Center. N~pq!!i9~:6filie.~hopping' Center shall be used for any of the following uses or purposes: -2- 960 l6009.0C lIMEOIW8870-331102-06-96Icef ..... ", ... .~ .~ 1 (a) Any public or private nuisance. (b) lillY noise OI$ound that is objectionable due to intt'rmitv.enr.<" beat. freq~enCy, shrillness or loudness (other than noises typically associated with a home .improvement store or a theatre/cinema). ... (~j. An:y .. exces,sive quantity of dust, dirt, or fly ash. . .. ,' ., .. ,/ ,.'" .(d) .,.,/~y fjte{explosiQn or other damaging or dangerous hazard, <ineiuging,the~ior8,lle;:displaY":)"f.\\e '!ffo~"8hllls or fireworks. "\" ',,,i (6),,'; A?~·'4embl~:.),~~tufZture, distillation, refining, smelting, agricultute.or"ininil1g operati\Jns., ,/ J'". . . .. . .. ':,... . (0 Any~oQi{~ b6me(6rtrailercourt, labili'!;amp, junky~d, stock yard or animal raising. . .. .' .... .':; .... ;:. , .... ,. (g) Anyarill~g ~6~ artd/9{reITi61(~ oisull.urface substances. .' ',. '.,. (h) Any dumpi~g otsarbllgeo[ re,fuse,,~th¢,r th.\\"iit~nclos~:Sbvered re<;ePtacfel>i~tended for such purpose..,... ,.., .,i ,,,.:'::: ') ",J /i : (i) Any mortuary or similar sehic)i' esfubhshment. .. i" .'" ... ' ....;' (j) Any commercial laundry or dry-cl6allin~~lant,;ip~6~de~, however, t!:is prQhlbi!jbn ~!W!not be applicable to any premises if orientegt,?pi9k up' and delivery J:jy th¢uliliJ:tate"consumer and there are only nominal on-site suppoftijilg fa.tilities. ':".' , -'". . ..... , ... ) Ainy automobile body and fender repair work. :; ':.9r(:Art~nea mif!>:et, swap meet, "second hand" store or "surplus" )' :;. ... .:.'. store. .,' ;: .( .\~:". :./ '''''(m:):Anf adult b;ok store, aitY8,\l-called "sin" uses including without limitation nude dancirig, p6riidgraPlllc displays, di~pl.ay~ of "X-rated" materials or films, massage parlor or ofi'-tr3j;)<: b~ting'fac~!1ty ... " .' /:". '·b" .• · .:. .: .:. 4. Retail Use Restriciion.Solonga:/tll<;:HO!lleB.lseParcel is being used primarily for retail sales purposes, the shcippinifCenierj;halfbe ~sed.primarily for the retail sale of goods, wares and merchandise and for such seNic{establisbmc;n.ts ~s maY be' CO)l1Rl'ln to a first- class shopping center in the same geographic area. For p;lrpo.ses <;if thl~ pr':>viSion, mo0e theatre use shall not be deemed non-retail and offices incident~Ho rciailjng, iilcludirig blt!lks, barber~hops and beauty salons shall not be deemed non-retail.:·· .' . " . .',' .... 5. Height Restrictions. Unless otherwise appr~;,reii:b§the':H6~~g~s~ "'''" Property Owner, the height of the building constructed on the Theatre Parc1)l so lop~ a~ subh building is used for theatre or retail purposes shall not exceed thirty-five (3S)'feet'{e~iluding .i .: .. . ~ . . ]. 960 16009.QC lIMEOlWgS70-331102·06·96Icef I .. . r ~,. :-..:;, . lobby,'ta1,10py and architectural features on the theatre building such as entry marquees); and the ,heigli ~fthe buildings constructed on the Dutparcels shall not exceed twenty (20) feet, Unless "i oth,!i~"e ~ppi'()veaby the owner of the Theatre parcel., the height of the-.building CO!l[tmcted 0'1 tt,li! 1:l6m'lB,jise Parcel shall not exceed thirty-fIve (35) feet (excluding canopy and architectural ",.1eat;cires), . _H" '.,~"",,,,., " .,/ /" /"6,/'"' Und~\ielope4B~iiding Area, Each ofthe Outpareels shall be paved and n1i1r,lCed ai a parlOng,aieauntil sJcl1 tin,le,as the commencement of construction of a building on s'lch Ou~p8f6et~ ,.' ,," .• /)}",;i" ">,' , , , '1.," Sitbtall Restridlons,:fileShqpping Center must be developed in accordance withihi;t,~ite PJa,ii, wltbot1t limitill'g,tiji;tf6regoing, all buildings and other structures must be built within the bu,l!dingenve16pe~{'!I3;lild\!lg Envelopes") shown on tbe Site Plan and shall not exceed the maxinwm,'Square footages de~igna,t~4.for such bl.\il,dings on the Site Plan; and no changes shall be made toihe p<ltking"spac~s"drivtiway~'service qfiv~s, entrances and exits from the layout thereof shown Oll':the ,Site,Plan'withouPlle prior app":j,,ial of the owner of the HomeBase Parcel and the owner of the Theatfe.Parcel. k,y Tevis{(jn~ modifications or other changes to th~ Site Plan shall require th{prJ6r appr~~al of't1lt\ ,!Wn()l'of th~HomeBase Parcel and the owner anile, Theatre Parcel and the standai,ds applicable to such cJihsenfii'l'e more f\l'lly describedbelow.'Until the tenth anniversary oftl),~ date,,~ft)lis q~cuJatignal1y~ftheJb1l9iMng changes.to the".$ite Plan (i,e, changes described in (l}tlfro~gh (6) geldW}shatl r<¥\.uil;e" tbfprior approval of\f6tiLtbe owner of the HomeBase Parcel and the own~r of~heJhea~re ~arc~ which consent ma;"be w;thhilld in the sole discretion of such ownets: 0) clian~s to,'anyoft~e Building . Enviiopes'\vithiii tbe,RomeBase Parcel or the Theatre Parcel; (2i~hali!!es to·,th~';'Ma:in Access Drivewaf" (~einafler,dclined) which is situated along the boundary'of'the"HomeI!'ase Property arid tbeEastgatePi-9l'lerty; (3)'~limination of the access drive to East Valley fllghviay which is lo~iitt;d to the s.duth ofthe'!YfaiiI Access Driveway and identified on tbe Site 'p[aif,' (4) elimination of the '" SWice Drive:\i'(her~inaiter,d"fin!ld) which is situated along the fear of the building located on the Theatre Parcel: or Jeloc~tio'ii of tbil"Service Drive in any way that could impair tbe operation, use orenjo:yn1ent,<'lfthe .!;Io!p.eB(\Se rarce~ (5) reduction in any of the parking ratios below those requii~,,~,9ti's p~cl~ati6~?~ «(I) relocation of the main doors to the building located on the Theatre Parcel (If:such bUlldmg Isused.fQr theatre use or any other use other than retail use), any further north than'as'sB,ownbn the Site Plan or the addition of any entrance doors (exits and fire doors being alla"led) al.ong"the ,riortl1i'side"ofthehuilding located on the Theatre Parcel (this item 6 to terminate andoe of no f;JrtIlir forcebr ~e'Ctif, as and when tbe Theatre Parcel is converted to retail use unless ~bbseque1iily¢oniertlld.~ack t9,1!1eatre or other use). Any changes to the Site Plan occurring prior to ,t\le:tentp'alliiive;r'sat;i! of tills De'claration which are not described in any of the items set forth in (1) tfuou~h (6) above,and.any challges to the Site Plan occurring after the tenth anniversary of this Decifu-ation (whefueriir n.6t descrih'e'tl."in. any of the items set forth in (1) through (6) above) shall requir~tIi~ priOr atipr()~al<:if,.b'~tb the ri<.yner ofthe HomeBase Parcel and the owner ofthe Theatre Parcel but'ileither ~f sajiVownet~:tnay, unreasonably withhold or delay their approval of such changei I'!fotwith~tandlng'tbe fo~egoi~,\k'. any changes to the Site Plan required by the City of Renton in coii~tiqn wI~ht~'ipi'tiiii proposed development oftbe Theatre Parcel ("City Required Site Plan Changes")"I.vhicliai'enQi ot\lerwise •• described in any ofthe items set forth in (1) through (6) above shall not r6qI,\[~"tlidppr.{)val.iif the owner oftbe HomeBase Parcel although said owner shall be entitled to notice thereof .Ii'! ·4· 96016009.0ClIMEOIWS870-33l102-<J6-96Icef , , - FEBI,I?' 86 II: 08 FR ',:;'-, Tv 150379629~0 P.02/1213 ::< .... : addition, if the building located on the Theatre Pareel is changed from theatre use to retail use, Jh~(i.) such building may be expanded to the east beyond the Building Envelope shown therefor. /but ooti>xi,het eMt tilltlI. the fro,it building line cfthe emiing building loCated on the lIorueBo;se ,; Parcel;' provided, however, that as a condition to such expansion the Eastgare Property Owner ./iinu$iDiitig~ to the 'mulctiO!l of the HomeBase Property Owner, any impairment to the ''' .. " ,/ " ~bilitY o(tb~.idenulil;;ltion sisE\JQpated 011 the south elevation/east end of the bllilding located .' Qil thtlH~aseJ~arcd, and (:II) tlui)naximum total permissible building square footage of the "",buildiDgt.in'ihe ,J"heiitre pa¢lil may,,*, ~~lUed from 56,896 square feet to 92,000 square feet i.,i; is .. / &:~nl $tin,tori$uction Interference. During any period of construction of'any ~r~t'~!hn thc;;~hoppiXli! Center, all reasonable measures shall be taken by the consiru~g'~ atiT.'! cdi;t to ~mi;iC'any impact that coDiltruction may have upon the \l5C andIor operation Q!the.iemairiingJirtiphtyin th" Shopping Center, m.:luding, ,"thout 1imitation, dust and n&seab~t ~ .ihtener~w:ith ingrcSlIfejp"ess ot access to the remaining property in ~;Sh0vPinf;'!~ier.i··' .{"/' 9. PiU'king R~tiriandStgbdards,;'Th~.,fIom4~~Property and the Eastgate Property shall each contain parking Sutn.cleUi to;accomnlCid;tte lIli paj;r.!Jn!!, guests, invitees, empIQYee$,·vendors and other visitors to SU\:h properties .. ,Theparfli.g arclls.withln ili., .. Homd¥ise Property shall always contain at l~t fo~:lin4 o¥-tentlt(4:Th..tjcillg .~~~ for 5(Kalled lIlaIldlifd size American automobiles far·eaCh~:ne tlW4$iilii1'(l;OOO) #qu;rte fid offioor aceaJn th~'Homellase Property, and driveways and fodtwlIYo ~dd~taL ther¢to,.hr sUch greater lIU1I'ilier of splices '!IS may be required by any applicable go;;'edjmeii\lll.tgulatiqrl, coae, special use or·o~·zo.n\D.g plil:mit, The parking areas with the Outpareel$,ahall alway! ¢ntain at least four .and o\iC-tcnt'h (4/1) ~ Sll8Ce8 for so-called standard size A!nilt1&nilutomobiles. and idriv~aYS'iInd .!69twaysiiieidental thereto, for each one thousand «(bOO) •. Squm feet of floor area '.jn sucIi't)utpatce1, or .such steater number of spaces ILII JIUly be required bY'aJ;tY applicable gU~~ rtgulatlor:!, code. sPI;t:ia1 use or other zoning permit. As long i& the Theatre P'lI\"Al1 is usclhoopm1rte' Q#ma;;t1!eP8t~ areas with the Thea.tre Parcel shall always COlltain at least one (1) parkins ,pacC'!or ~¢iy foW (4»eats in the movie theatres located within the Theatre Parcel and driV~ays ~'~!io~ysil!ci4im\iUtbereto, or such greater number of spaces as may be reqWred by any Iipplicah1egov,~eiitaf ro}gw~tion,!ZOde, special use or other zoning pMnit; provided, hOWI:VCT, if appli~ll,llll.~ peoriitstine (i) p~king space for more than four (4) seats in the theatres, then the PaTldi)g withi~:1h~;Th~ pan;cil 'llilypnly be reduced to what applicable law permits ifthe reduction' WiU,,reSU!t.lD. nd imp~ct on piu1ci!\gwitbin, or use o( the HomeBase Property. If the Theatre Parcel is use:! for retail (as opposed to nii:I~. theatres) then the parking areas within the Tbtlatre Parcel shall al~ays"contaj'n at l~a~ur ruitfoneo,tcnth (4,1) parlci.ng spaces for so-called Jtandard size ArnencliniutoInobUe!1; amI' driveways lind footways incidental thereto, for each one thousand (1,000) squarefect:.,of4bor arealD. sUch piir~'(jr$llch greater number of spaces as may be required by any appliCal:)Je go~enW rligpfation, c6d,~. special use 01" other zonil18 permit. .:' . ." , .... ,. :~; .;' .......... .:: .:' ..... ~. ,}' ".:::/, "::::> .,." -5- 96il16009.OC1/Mf!DIW&87fI-l311fn-<17-961od r-~~. :, ; .:,.,/"'\ .~ ", ~~ " ,~ }~ .,-;:.' ~" ,i /'ddiJi~n, if the building located on the Theatre Parcel is changed from theatre use to retail use, :i," the,.ri (ihlwh building may be expanded to the east beyond the Building Envelope shown therefor, i,I"., b)it 11otf\;lfth~J: ea,,!than the frmlI buildi'llj li\le of'i,lw existing buiiOtllg located on the HomeBase "\"'/ Partel; provided, however, that as a condition to such expansion the Eastgate Property Owner J '" "i'm6st mitigate, to the satisfaction of the HomeBase Property Owner, any impairment to the 'l,\""""""" y\sibility oftheid!llififlcation sign located on the south elevation/east end of the building located ;,'onrhe H:6m~B!lse P~'rel,~nd (ii).tfi~m~mum total permissible building square footage of the '~':lilding onthe T~~atr~ Parcel/irtay t)e,Jncre~~d from 56,896 square feet to 92,000 square feet. .~ " " si" ReBtrldtions I,;lmi;J~gC;£stfuctbnInteIference, During any period of construction~f any'imprbvernenth';p"the Shpppihg Center, all reasonable measures sball be taken by the construbil),!:l,.<;)wner,iit its,"cosi'to mini.hize)iliY impact that construction may have upon the use and/or operation of the r_ning pfPpe~y inhhe Shopping Center, including, without limitation, dust and nois'~,abJl{emetit ant'inttIferencewit\l ingress, eg[~ss or acce&s to the remaining property in the Shopp\,Iig Cent~r:, {, ./ 9. Parking Ratio..hd Standiud~. Th~ri()JB~~;;p;~perty and the Eastgate Property shall each contain parking suffi~i~nt to ac:tommodilt~:'all p'atrqn;;,.,guests, invitees, employees"Ve\tdors and other visitors to such"propertles. T~ paiki1li areas Within th~"\, HomeBa~ Pro~ shall always contain at le .. strour ~d jllnetj-fotJ''''nt\~b\lnd~edths''(4;j94) parkingiipace,s forilo-called standard size America'n"atiiolriobilesjhfeachGiie t~ou~d;,(l,OOO) square,feet "rfloor ii,rea in the HomeBase Property, and'\lriv;ewIlYS <jlld.f9otW&Ys fiiciqental therert" or;~uch;gre4er number of spaces as may be required by'anYAPplicabfe govedimental reg1i1ati0ll; c04i!, sp~cial use or other zoning permit. The parkin~ilIea~,witj:i tqe O!ltparcels shall alY;ays ,bntairl at leastJive.(5) parking spaces for so-called standarifi;lie Aht~CaJl automobiles, ahd drPi~aYs an.d f66twayslrlcidental thereto, for each one thousand (1;00.0) sqtiare feet offioor area in sU'~h Ou;f\lal-cel"Br'sucli greater number of spaces as may be required'by'imy applicable go~~rn,rnentl\V~egilla4bn, ",~d'li spe9al, use or other zoning permit As long as the Theatre Parcel is used io'operate a ~lnerna, tlle,piirkingareas with the Theatre Parcel shall always contain at least one (I) parking iipac~'f6r ev,&j fo~!'·(4) s~ts i" the movie theatres located within the Theatre Parcel and driveWays andJ60tways inci4~taliUiereto, or such greater number of spaces as may be , required by any applicable g6ve.;l1mental'regrilat\On, 1;:0.4e, special use or other zoning permit; provided, however, if applic~ble\aw'permitS one (1 }parJting space for more than four (4) seats in the theatres, then the parking "(ithin t!le Tllea)fe Pai-cel,iruW only be reduced to what applicable law permits if the reduction will'testilt it)~o ijnpact on'pa,tking':wrihin, of use of, the HomeBase Property, Ifthe Theatre Parcel is used fOf reiail·tas,;lPp&se~,tQmoVi~"th"atres) then the parking areas within the Theatre Parcel shall alwayscC\ntain'atleast;fiv~'(5) parking spaces for sn-called standard size American automobiles, and d!ivii",ays and f6~~~ys iJic4:lental thereto, for each one thousand (1,000) square feet of floor area in such pl!fcel;" or l'ilch,i£ea;ter 11111;ntier'ofspaces as may be required by any applicable governmental regulationi',tod~' sp,6Cialuse,o{oth"zonhtg p~rmit, .... "':",/' :';;,/ " .; ..... ,;:: ." "". }.:,' ,.,... ",' '~":" .,> .,," ••••• : •• ...... ;:. ':, ::,/ ":', .... :~::> "::.-;;"""" .,.' -5- 9U016009.OC1IMEO/W8S10·;;1102·06-96Icef ·, , ~ l ., EASEMENTS .: .... : ... ':, . . ,:>'(0. Reciprocal Driveway Easement. Inconriecti6rl' with thedeveloprrient of HomeBl\se P{operty, the HomeBnse Property Owner constructed a driveway which is located Ortbo*" the.HolIleI:1a~"'i'Prqperty and the Eastgate Property and is shown on the Site Plan as, and 4erei~call~d "Main Access priveww'" "Tpere is hereby granted and established to and fur the &,nefit ofth<lHbmeB:as~ PrQpel'tyiOwne/and its invitees, agents, tenants, servants, visitors and lic~nsed (cd1l6l;tiveiy, tlie "tIomeBas{P'erI)1ittedUsers"), a perpetual non-exclusive easement . appurteriallt t4 the:H()fueBise?ropertYiot ingn)tis,t{land ewes!!. fi:?W the HomeBase Property and for drivew~y us'eoni),; to,pass'~<lf and tttr6ugh a/id use that portion of the M~ Access Driveway locat~d9n ~ Ea/itgat!iPr6perty.), '.' ! •• ,,, •• ' .' .1 • i,;" . ":~" There is h¢~eby'grant~d aP{\'~st'abli~hed to and for the benefit of the Eastgate Property Owner and its i~vit;ies, agents/teI1ants,isep,rants;'visitors 8Il.lfli.cernees (collectively, the "Eastllate Permitted Users"), a p~etual ubn-eii.<;IUsive .<laseinent appurtenant to the Eastgate Property for ingress to and egressftotn the gastgateProperty andfQrdriveway use only, to pass over and through aod use the portion ottheM.un Ateess hrive:*aYlocated on the HomeBase Property; p~Ov:iped, however, that the MiiA Mcess'PrivewaY,fuay,hotbe"used.,by the E\I~tgate Permitted Dsers'fqr construction access in conne,etion with afiy develOpIII,Wll of'?r on \Jl.e~astgate Property. or by the HomeBase Permitted Users fohQnstruotio'l,~ccess,iii:coiineciion",J..itlr"any development .• 6for oli the HomeBase Property. "':-,f" ,,"" /:i / .. " ..... ~, t ".-". .("' .:', The oivner of the HomeBase Parcel shall at ~l tirli.es inaiiitaintheMaid Access Dtj.vewaiin good s6ndi~\RI,l and good repair.., ,,' '," " 1li~ .. E.~stg~te ~i:operty Owner shall at all times maintai~'~{it§sol,lcost aod expe~e, a cO]nln,e\-cial"gen-eral,'iiability insurance policy with a financially resp6~ible insurance compartY;'coveriiig ~ ar;:hvitifspftllii'ElIstgate Property Owner, the Eastgate Property Owner's agents, contract(1fs, ~1;lcontJ;aqtors and einployees, and the other Eastgate Permitted Users on or upon the Main A~~ess Driy.~Wiy. J'he~,endors<;:ment to such insurance policy shall evidence that such insuraoce poiley,.(a}'lihail ha;Ve a pi:r.~c(:ilrreilce limit of not less than One Million Dollars ($1,000,000) aod ao aggregate Htni~ of not less than 1'\'\11,) Million Dollars ($2,000,000), (b) shall name the HomeBase Property oWnet'and/so long as Hdrnel!ase or one of its affiliates, subsidiaries or its parent comPilnY,.\;Ia,{aninteiest iii theHJme~a,~j;\ Property, Waban Inc., a Delaware corporation, as additional ins~redsiLa,~.thei~interestrtiay'a!>pear, (c) shall be primary and noncontributing with any other insuran¢e avail~ble to tl).e Hpinel!aseiProperty Owner or Waban Inc" (d) shall contain a full waiver ofsub!-oS~tion}iJ.a~se,;fud (~) shl,lll cov~ the indemnity obligations of the Eastgate Property Owner setforihbel9w in'thil1PaiJ,graph IQ., ... The Eastgate Properly Owner shall, from time to tirne, upon the f~9.11~st Of thj;\Ho"leB,ase'Propc+ty Owner, deliver to the HomeBase Properly Owoer certificatesbr in~ce e'iidehi"ing its,~omjiliance with the insurance requirements oftrus Paragraph 10, .r"')'.-., ..• ::. The HomeBase Property Owner shall at all times ;.n'aihtain, aUtss<Md)st ~ .. 4 expense, a commercial general liability insurance policy with a financially"respon~oleinsp'ran¢e company, covering the activities of the HomeBase Property Owner, the HomeB'&s~prQPerty 96016009.OClIMEOIWSg70-331/02.(J6-96lcef j , :~ , j 1 , .j ., , ... bwn.ffs agents, contractors, subcontractors and employees, and the other HomeBase Permitted .,' USc;fHih'(Jr upon the Main Access Driveway, the Service Drive and the "Sign Easement Area" (as ./ d".fi'1ed illii!l',r;;;graph 12 below), The endorsement to such insurance policy shall evidence that \,," ~iichinsurancel?olicy (a) shall have a per occurrence limit of not less than One Million Dollars ""'($(009;000) aIJd an aggregate limit ofnot less than Two Million Dollars ($2,000,000), (b) shall ", Il,iime+he liastf\lIteJ'foperty Owner :J,~,~n additional insured, as its interest may appear, (c) shall be ;,priD,l1uy lind riollcontrj~utirig with)my o\b,er insurance available to the Eastgate Property Owner, {Il)shailcoll,tain a lUll waiver (rfsub~pgiition9,1~use, and (e) shall cover the indemnity obligations of the HOI1ieI}ase,J'roperty:Oivner sil~.fortllbelOy; in this Paragraph 10, The HomeBaseProperty Owrrefshhll, ~orri:Wrl~ tq.'tim~, upoll;'jJii;i'req,UI;s't~ft\le Eastgate Property Owner, deliver to ihe Eastgate Prop'(;rty Dwn,¢r c~rtifiG<iii!S/of instiqmce,eyidencing its compliance with the insurance requirements ofthi~.Pilragt:~ph rO, Nbtwith~i'!ridi!1g anything to the contrary contained in this Paragraph 10, so long 3sthe 8bmeB~se Ptbpfrtyl)wner is HCW A Realty Corp., or any affiliate or subsidiary of Waban rhc"i Del;i<"ar'(c0rP0r,.t;Ol1;Orany succes~rAbereto through merger, acquisition or otherwise, arid so long !!~ th.e Hofu~Base Property O;,lmet or its parent has a net worth of at least One Hundred Mnlioli urillru:s(SI oO,OOQ,OOO), t\1ejli:iurance requirement ofthe HomeBase Property Owner contairi~d i~ tlUs Pilragraph Io,,giay,,be ;;atisfied by any plan of self- insurance fr9~ time to time maintainedbyAhe ,H0rdeBjlse PropertY'O':Yner'or,j~s parent"" .' The Eastgate Property Owner a~t~es to,tilds'halrlnde;;iJiifY;'4e;~Pd (w(~,f~unsel reasonaqly satisfact6ry to the HomeBase Property'tn:ner)an4'hqldharmtes's th,e H~lneflase Propert§ O",iiet,and its respective employees, agents, reptes~tatlve~;·s(j~sidi¥ies/col).iractors, subcoritract6rs and affiliates (collectively "HomeBase Property Driv~way'lndemnheesi') from and agair\~t ani and'aJI Claims which any of the HomeBase Property i:>riY.~W!lY lridetimite'es may suffer ari.Sfng out of,.relatihg,to'orip any way connected with the use and exei.;'is~ of the Joilain Access [lrivewiiy,,~asementgianted tClthe Eastgate Permitted Users as set forth iii t11is Paragraph 10. 1'HefiomeBase.;PrdpeI"!Y'O:wner agrees to and shall indemnify, defend (with C6uhsel reasonably satisfa:ctQ!7Jo"thl!'Ea~tgat~Prciper,\y,O~ef) and hold harmless the Eastgate Property Owner and its respective employ¢es.,iigen;ts"iepresentatives, subsidiaries, contractors, subcontractors and affiliates (collecti~eIY"East~a:ilPr~pet\Y D~ve~liY Indemnitees") from and against any and all Claims which any oQhe ~aStgate?ropertyprive'Yay Indemnitees may suffer arising out of, relating to or in any way coruiect~d with tile ,~seand eXer.cise of the Main Access Driveway and the Service Drive easements Md fhtl"signage easeme,rit gr;lnte~ to the HomeBase Property Owner andlor the HomeBase Permittbcl,User~,'(as"the,iase)'nay:be):'p~ilu,<;nt to the easement grants set forth in Paragraph 10, Paragraphlr'iindParaWaPh q F9r pUrPos~s of this Declaration, the term "Claims" shall mean any and all actions, !i)lits, dillsescof actiQJI;'a,ndloi;J)\aillls for bodily injury andlor property damage, costs and expen~es,iiIClud.ihg;\>vitJi'outilimitation, ri;lasonable attorneys' fees and costs, .,:., .",' ,,' ., , ./ '''''''''' :: ,:" , ..... The Eastgate Property Owner may electio c<Ji1y ~. cortlmer'ci31 geJ:ll)ral ii)lbiIity insurance policy covering the entire Main Access Driveway~d'ine¢ting.:t~e req;li(;ime*s,bftl)e insurance policy and all other insurance requirements set forth in tlUs I'ir1igraphtQ.ab9'vc~ fot,the .. benefit of both the Eastgate Property Owner and the HomeBase prdpfrtYOwaer:. ]'fib.<! E~stgate Property Owner makes such election, it shall do so in writing and shall theri;lafter h~v~theiight' to receive a reimbursement of one-half (112) the cost of the Main Access Driveway,ilabilitypolicy from the HomeBase Property Owner promptly upon delivery to the HomeBase Property OVo(iier .. 96016009, OC liME01W881()' 3 31102 -06-961<<:f ;,---; -- I .~ ~ '1... ... ·~,:~f evi'dence of the payment of such premium; provided, however, that the HomeBase Property J" '.' OWhe{~h:ill have no obligation to pay more than Five Hundred DoHars ($500.00) (US 1996 .~:\ c., ... ." :.9611ai"S).~;'ry';i)r for its share of the premium for such policy: . • , '\. eo' .,., :: n. Service Drive Easement. In cormection with the development of the 1\" ." ....... / Thea,tte pa\-cektl:l!fE~ii.ga.te Property,9wner shal1 be responsible for designing and constructing a .~:~eryice drlvdo.be lqcll,ted'~t th~ .!'li~ of.the Eastgate Theatre Parcel in the location depicted on :~.. ·th~·SitePlari.SucJ,{se&ceidJ}ve·is c!e~gnat.~..on the Site Plan as, and herein called "Service .1 . !lrive}' The ,Eastgat~}j)roperiy OWri~rsl¢1 coD$tI)lct the Service Drive in accordance with plans .~ and specHlcaiiohiioHhe j'toll1~Base"Pioperty.Q\v.nei'Jor the service drive on the HomeBase Parcel which h!Lve beel}.·preYlousJfpibvided;jlnd"~~\1;Eastgate Property Owner shall maintain the Service Drive, a'tits.scile clist arid expense, (Ii gbop\;ondition and in good repair. The Eastgate Property Owner shall be.entitllld to ,tecei,jef,bm .the HomeBase Property Owner upon completion of the Service Drive an iirn,olJrtt ("liicreasediAm6un~;)"noUo exceed"t~n Thousand Dollars ($10,000) toward the cost of the,.icltifli in~tall'1ctioh"ofthe Slit;Vice Q'~iv~' The Increased Amount represents the incremental incre£s~ i)'i thjl' co~t' qf the,SeiyiceDriyetO'construct in accordance with plans of the HomeBase Properly qwner rilther'tharith,rtE~itg~fe Property Owners standard plans. The f)jlstgate Property Owner hereby gi"antilfo.r the bep'efit,bf q.eH0l11:eBase Pro.perty Owner, its;1erlim,ts, subtenants, agents, contraetors,siibcqnt\:·a.ctois ar@.e!l)ploYees, a p'erp~tual hon-exclusive ea.!ietnent appurtenant to the HomeJ:!as~.Property·to l:>e,l,isM'iloleiy f01;.the,J:lurpose of allowing Berylce vehicles, including trucks, to passav~i' andthrbughtli:e':SeryiceDri'l~ as a .~ , ~ ?,i :f, ., .~ , :~ .~~ 'i1 , -,.\ .~ '~j .1J fXJ '~l n ~ • r~ C"') , 'i;l .... "\ .' 00 .~~ .~ 0 '.i! N A '.l 0 ~ tD ~ ~ Q) :~ '.j f; ~ ;:; '''i .~ .. ~ rl ~ • ·1, "! ".1;' .. " 'i~ .,'> .. ": t~ ~ ;:', ·~j5 ~~: .~ .. ~ .:~,~ J:i; :',;i '."1 ,' . .li .:;.<, ;~-:; .\;~ l !'lI ., -/~ "~?: (~ meansM aC,¢es§ .. to and from Lind Avenue. ' ..•.. . .i .h_.. Pylon Sign Easement. The Eastgate pro;&rtYJ.)wnefhet'~by.'ants to the H6ineBase propertY Qwner.an easement appurtenant to the HomeBase)rbp¢ltY ftir signage li4rpos~s.ovh thepdrtion of the Eastgate Property designated on the Sit,i(PIIin a,s "Sign Easement Ate;!" to main~aln;an e;<istljig ~ylon sign and all systems necessary for its opei'iinon. The Eastgate Propi:!tty"Q.wrier ~halkhave no hghtsto 1.lse such sign or any replacement sign. The HomeBase Property Ownersha4 ~ntairi!he sign irr~ompliance with applicable laws, and cannot increase it in height or widtil wiihout t,he:con~efitpf t~e !1<astgate Property Owner. This easement shall continue for the tiirm of,tbi.s pecliration.lI,nd for so long afterwards as such easement is utilized forthe above-describea:purPose~. '.. .' :':. 13. Constructive Notice ah'd-A,ccej:?tari~e ... ~.very 'pe(SQn or entity who now or hereafter owns or acquires any right, title,o~jl).terest in, or .. to ~y portion'of the HomeBase Property, or the Eastgate Property is, and sha11b~; cOllcl1.l~iveli deeMed to have consented and agreed to every covenant, condition, restriction'and;easeillenfcol}tain¢d heit<in;'whether or not any reference to this Declaration is contained in theirlSiMnent 1;& wliich!II.1th person~.cquired such interest. ,( . . . . '. 14. Duration ofDeclaration, This DecIaratioriSl1¢1 c,bntil!ue.,irifi,ff[ iorce~~d ...•.. effect for sixty (60) years and is binding on all owners and occupants ofthe Hoirieea~e PI;opetty and the Eastgate Property; provided, however, that all easements grantedin.!hi~.ne.daratjon shall: .,,,;,,., .' ,: .... -8- 96016009.0ClIMEO/W8870-331102-06-96/«f "'",.:: i J " ,! :': ::: / t';mtin~e in perpetuity except for the sign easement which shall have a term as set forth in 'Pan;grl'ph)2, ,Ii .i,.. :>''1,5 Amendment to this Declaration, This Declaration may not be amended to Ii, ",,'lllodifyor"e!iminate the covenants, conditions or restrictions contained herein without the prior \ ""'"".,,,,,,., ' writteri app~oval o,ftllii'ewner of the HomeBase ParceL and the owner ofthe Theatre Parcel and any ,attempt t(/46 so sl,lallb" void,~d'haye no effect. .... : .. , .. :." ."", .: ...... :/ ,;: .,.", ,,16,./ No do:if~nant{o"6Rerate',Nothing contained herein shall be construed to be a cdiie!iim(to qpepilte qf to:ido bu~ilJe~' wit~n *~,Shopping Center and the parties expressly disclaim any slIch duty"j' }'i,',i,/ ,("",i / '1+,"'" Sev~rabuity, !E~erypi~~ist~~ ofthis Declaration is intended to be severable, lfany term o~'proyisiol\,herepfis,decl;ired~y'a court ofc,gmpetentjurisdiction to be illegal or invalid, such illegaIior inyalid.terr)ior proyisionsh1!l1 not affect" the balance of the terms and provi~ions hereof, which te$ and ptbvisi6[)$ shalLremiljn binditJ,g'and enforceable. .. , . . ,'-, .. ". .' .', 18. Captions, A;.y oll.Ptidnsto oiheadlng~ q./se9tions of this Declaration are solely for cOllvenience, are not a part ofihfs D~c\ailj,t~",n, and.llhall'notc-\5e'iisedfor the " interpreta~on iif9f detennination of the validity of thisJ?eclAratjrin or:,~y,pro.vi~ion h¢;'e~f i i') 9 ,', Release from Liability. A~~'rs~n Cit en!i~$ha1ib:b{:ium!::bythls ,i Declar&tion,6n1~ dur\p.g the period such person or entity kt\):ll f~ orteas,~hoI4;o~er,df any property Which)s su~ject to this DeclaratiOn, except as to obligaJionkliiibilitits .and" responsi\liiities'that;ilccrue during said period. Although persons'oLentjties'inaY b",feleased under tbis paragraph, the 'covenants ,and restrictions in this Declaration shall CQ)1jinlUl to lie benefits to and serVlttfdes up'aJ1saidpropiity running with the land." ' .. . ' ,. ",.. , ":". ,-" ,.' 20 ./No,tlcel 1)ny'notice, request, demand, instruction or other communication required by this pedwation ibbe given to any owner, including, but not limited to, a notice of asses~ment, shalt\Je j;';';""riti6g"and,shli!J be,eitlle' (a) personally delivered by a commercial messenger service:te~larly retai!iing r~cl;%pts:fOl)uch delivery, (b) sent by registered or certified mail, retum receipt requested, ot, (c) delive(ed by the. i!ir courier services known as Federal Express, Express Mai~ Airbome; 'or ElJlery Air, and'such notice shall be effective upon delivery thereofto the owner being giVeq.,now;e,ind $haill)'e aMre:~sedt9 the owners as listed below (Of their successors or assigns as may'be reporte<! inwritjngin ac~6rdiince with this paragraph): ~ '.",,' .' ; " To Eastgate Property Owner" 96016009.0CIIMEOIWS870·33110z,{l6·96/cef ,,''',., .. -''' .. , &~tgitte.ihe~tre, fu~, .,. ..c/ o,Act(u rheatiesi J.", 9W S)N. "I;ayl()f, Sliite .909/" .. Portland, Oregon972()~, ,., .... Attentiori:}Ar, Wa1tNilan,P're~ldellt Telephone: ( 503) 2:21;tl2l,3 ", . Telecopy: (503)2i8-5032".',{ ':":',. ,'"' .,,' -9- To HomeBase Property Owner HomeBase .~- .,>.' .... """""'':::: .,' .. 3345 Michelson Irvine, California 92715 Attention: Vice President Real Estate Telephone: (714) 442-5000 Facsimile: (714) 442-5120 ,,''''' f Waban .<' ,/.o:.'_~., " .{ ",.,i·'·""~;.One Mercer Road ,: r·:· , . ./ N'ati¢k, Massachusetts 01760 i.,f};'" ;:>·,~t~,tntion: Vice President -General Counsel //",Telephone: (508) 651-6500 .~ . . f" .. " . ",,,.' .. ,J', ¥'8.csimile: (508) 651-6623 ,/ . If an owneid~sire,s'to (;6ang~ it~~ddr~ss f~rthe puwo~¥ of receipt of notice, such notice or change of address shall' be g\vep:'in the,mlll1I)erspe~ified.)ier¢ln, However, unless and until such written notice of chang~is actUaUyre:ceiv;id, t&, liSt «ddt!lss and addressee as stated by written notice, or provided herein if no\W!ttennot!Ce or cha;,.g~ h&i' belll',r.e~eived, shaH be deemed to .¢'6ntinue in effect for all purposes hereuhdet, ··,.i· ".\ s '. '.-",-"n .. ".)· ._ 2 L\ Breach Shall Not Permit 1e~ti(jiI; NbtigeMd:Cufe Rights: !tAs expres~lY ag~~~4 that,oo breach of this Declaration shall ii.~itli': aliY 0;.Yn.", to C;;thc~: re$Cind, or athe~se t¢rmi~ate ibis Declaration, and such limitations shiill not aIf,,~dn any miuJn¢r any of the right§ or \,timeqies w)iich the owners may have by reason of any breach ofthjs r,>ecllliatioIL No awfier slllill b!)deemed in breach of this Declaration unless and untif'such o:iimer shall have re'teivednQtlce of~uch breath and thirty (30) days shall have elapsed affer'S\lt:h niltice without the9\lre ;Ji sucll'lmi'achbaying',Peen completed," .,,:. t· ::: .':' .'.: ;.: · .. ·,,',,·,,··2i. ,,i' Self-Help Riiiht~:'lJpon the failure by an owner ta observe or perform any ofthe covenants.pr proVlsioQs ,(if thi~pecr<l£ation to be observed or performed by such owner, where such failure. shall confinue fpr a 'p.eri~d .dftbirty (30) days after written notice from a non- breaching owner to''t''''breachin~{ owne~'df such failm:e, an owner may, at its option, without waiving any claim far damages (dt:b[~ch of agreemen(lIt any time thereafter cure such default for the account of the breachll},g owne,r,) atid allY aJl}6unt"paido~ any contractnal liability incurred by the non-breaching owner in~o.-dojilg~Lbe deem~d paid o'rincurred for the account of the breaching owner, and the breaching o~er sliBJ.Ln;imliurse thii"~;uring·owner fur the cost of cure; provided that an owner may cure any sut~ de.f'lult a,ii afcire~dprior ilith~!:Xpiration of said thirty-day period but after notice to the bniach',ngtlwrier, jf the.'Curlngof sUch default prior to the expiration of said thirty-day period is reasonabiyriec~ssf\I'Y to.pre;kntinjlli)' qc,dlllnage to persons or~~ ,. . 23. Breach -Effect on Mortgagee and R.i~httotur/iBreat~;~f an~ ¢f th~ ... covenants or restrictions contained in this Declaration shall not defeat:oi render i!ival1d,ihe He;;' of::· any mortgage or deed of trust ("Mortgage") made in good faith, but';UI dr th~f6reg~iog /"" .' provisions, restrictions, and covenants shall be binding and effective agaiIi'l;t_,~ny "9<v,,er of anyi portion of the Shopping Center, or any part thereof, who acquires title by fore'dos\lre oitruiee's -10- 96016009.0CI/MEOIW8870-331102-06-96Icef ..... ,:: ~"==~~ I '/,i; '. :ft . ,/ ::-' .:: :} .:." :.1: f:s~le @{by deed in lieu offoreclosure. Notwithstanding any other provision in this Declaration for l .. .' noti,6e~Of~efault, the Mortgagee of any owner in default hereunder shall be entitled to notice of ,~ . :;j ] :'.~ 1 ~ . • "~ , :~ ~ , 1 ,>, i .:; -:1 ·'1 .¥ .~ ·:.l , ~'ii , .~ ) .~ ~: .; .~ :.~ :;'~ .~ "'; , j' ) .. ~ .[: l ~ , < ~ ,. , .) -1 'J :{ ,t ~ ~ .~ 1 i ~ :! l , ~ l j ~ s~d default;in .. the same manner that other Ilotices are required to be given under this Declaration; \ ... " pfovideci,''however, that said Mortgagee shall have, prior to the time of the default, notified the .. ' 'ownergivi'ilg said not\l'e of default of the Mortgagee's interest and mailing address. In the event \ . '\-". OJ",, fTJ 0') M ~ ~ 0 N 0 (D 0') .f that <\tiy ngticesh.urhe!llven of the 9~fiUllt of an owner and such defaulting owner has failed to :tureibr codnce tOCJ,jre Si.Ichd~fuult ;,;s. provided in this Declaration then and in that event the o,;yrier giving stich .notibe o(d<;/alilt c.o\\~nantUo give such Mortgagee (which has previously given the a.boye stiited.'hotice':t,p such'9~l)er) un~e~.any Mortgage affecting the Parcel of the defaultirig'owner :in.additjbna)'noti.c¢'gl:V~n il)."th'ern~er provided above, thatthe defaulting owner has fail~(i to cur~"%uchdeflihtHllld sut4 M&r:tg'agee shall have thirty (30) days after said additional noticho,cuie any sUQ:h default,o~{ifsU;;h default cannot be cured within thirty (30) days, diligenUy to commefice qtJring';';"ithlii"!1,Ith tjille and diligenUy pursue such cure to completion within a reas6nabfe tim~ th~ieaft;~r.Givj.n!f6fany notice'df.4efault or the failure to deliver a copy to any Mortiagee,shallih np eVllhtcreate anjlliabilitjloll'\he part of the owner so declaring a default.' .. "" ./' . 24. No Partnership.N<4thetthi~Dec1ar~tiol no/anyaCts.pfthe ow~rs shall be deemed .ofcQ)1strued by the parties hereto, Or anfiifth,engor 1:'y any third person, t\'iCtilate the relationshijJ of prIncipal and agent, or of partner~htp, o~.6f j6int~ent\lI,~;:f~f ariy as~6ci#ion between)iny ({the Owners to this Declaration. .,' :i' .... "..... ..' . .' 25.;, Governing Law. This Declaration ~Jthe',obligati6ns ll:fthb o~ners here)iflde~.,shall}ie int~rpreted, construed, and enforced in accordiin«!1)'1i,th tlfe Ilws,Ofthe State o:Was~:~I1' .• .. ': <',. i : 26. ..•.. CQnsent.'. In any instance in which any owner shall be requested to consent to o~':approv"of ari.y ¥ttei' with resp.e,:;t to which such consent or approval is required by any of the proVisions ofihis peclfuatitll){~uch cOnsent or approval or disapproval shall be given in writing. ... .. i· ...... ;: /" 27. :"RstC;~~ C"fi~~te/ E~ch1wner hereby covenants that within a reasonable period after written. re~u"st. of ant other Q~~r, it will issue to such other owner or to any prospective Mortgagee, or.purcha~4lr ()f su"h o,*ned' p;frCel an estoppel certificate stating: (a) whether the owner to whom thereque'st bas b¢en dlrectedkn0Ws\)f.;my default under this Declaration and if there are known defaults speoifYing:ih",n..Wre there~f;.(b) whether to its knowledge this Declaration has been modjjied.ltr am..~m\ed in' any way'(and'if it has, then stating the nature thereof); and (c) whether to the oWn~r'skn9wledge \liis Dec!aration as of that date is in full force and effect. . . .'. ./.. .. 28. Waiver ofDefault. No waiver ~ianydefa~lt~; an~.:~wnefsnallbe implied from any omission by any other owner to take any action in r6spectof!lli<;h dt1au1f'if sycli def~\llt continues or is repeated. No express written waiver of any default"4~ aifectany Oefal;llt Dr." cover any period of time other than the default and period oftime specified in Siicfi'llxpreS&'c" waiver. One or more written waivers of any default in the performance of~ny tepri, provision,6r covenant contained in this Declaration shall not be deemed to be a waiver of any subseq!i'ent .,"- -11- 96016009.OCI/MEOIW8870-331102-06-96Icef -:.'.,. ... ....,., ................. ," -~. - --;=-:-.-. . ,/ .".:: d~fa\IICn the petformance ofthe same term, provision or covenant or any other tenn, provision . or c6vexiant contained in this Declaration. The consent or approval by any owner to or of any act .. ,'. . or.,.feqtiestPYlIllYother owner requiring consent or approval shaH not be deemed to waive or \,. ,.' ren(,ier u~ecess(i.ry the consent to or approval of any subsequent similar acts or requests. The .i'rights andti'mec,lies giyen to any owner by this Declaration shall be deemed to be cumulative and , "" . I}o el)ercisi of,ariyone orsuch right~.o(.remedies shall be exclusive of any of the others, or any ..tither right or+emedyat law Dr jniquity\l,Ihich any such owner might otherwise have by virtue of ·i.qefaulj' under'this.Degiaratlo,Cilnd the' exerci~e of one such right or remedy by any such owner shalln¢t ir:nps;ir such Q\Vner's~r"ndin!sM ¢ercis~ a,!:ly other right or remedy . . ' .' " .. ' ,.' " .",",.' l' ....• ~.::."'.,'>' ,~. • ,:' ,.,,::/"; '.29. COunthparts';This D<wlaril,~iQn may be signed in multiple counterparts each of which shalthe"deemed ari Ofigfnal alii y;'hif,fi when signed by all partie" shall constitute a binding agreement. .i ' .. } 30. ~d:tioR-Pan!~l.ifE~tgaf~~r;Jiy persol~~;entity controlling, controlled by or affiliated with E~stgai.e fl.6quirh:llll OeROY pitt of tlie"" Annexation Parcel" which is delineated on the Site Plan and lilega)1y describe4"~n Exhibit /rY"'attached hereto by this reference incorporated herein (" AnnexatiQnPa!'cel'~), the AMekti()h P~mel.~hall be automatically annexed hereto,.making the Annexation Parcel::"ubjecf'tQ each' of the t~rms aiid'90nditi9t!Spfthis Declaratiqh and bellcefitted by the easements appwtenan~,tofhe Eastgaie,Properry Tj'len;dpon, the Ann7iatiop Part!)! sball be deemed to be an "OUtparct;li, f'llp',!tposesofihisDeplara,t1on and shall b~"partpnhe S~opping Center. .;.f (' .'. /' -;1'1. j Deannexed Parcel. If, as part ofEastgate;~::acqui~itiOljoftheAnnexation Partel, Eastgate cortveys.titl~ to the "Comer Parcel" labeled as su<;!l'alli1 showri on;the Site Plan, thl:n the{:Q.n1er Parcel shall be automatically deannexed from this Declaratlori and'shall no longer be-s\lbject"to thl)'t~fms ohhis Declaration and shall no longer benefit from aiiY'!i!~ements herein graiifed,.all ~].lch t:aserri~nt¢'beirig t~irated upon Eastgate's acquisition of the Annexation ParceL"""'" ::,: t.f /,.../ """'" QUITCiAIM 32. Quitcliijm '~fPatkintEa$emen.ts" . .Th,e·H9meBase Property Owner and the Eastgate Property Owner hereby,acklfowledg~ ancj"agree tIlat tile· parking area within their respective property shall be sufficient to:.~ervi6e,ali patking needs ofi:I;te improvements within their respective property and that they intenddtat no parking easements wlilit~6ever over either the HomeBase Property or the Eastgate Propert~"iihall,exist, 10 ccUry 9utthat intention HomeBase hereby quitclaims to Eastgate those certain parklns easemimts. oveithe; Eastgate'PHlperty which were created in Article 4, Section 4.1 entitled "Grantof'Eas<:fuents" f6r tl:)~piITking or:motOf vehicles in that certain Reciprocal Easement Agreement with C6venants;Conditipi1,s and ." .. Restrictions recorded June 30, 1992 as Instrument No. 9206302702 ("MA"Van.d'Ea~tgiite.: " hereby quitclaims to HomeBase those certain parking easements 6v.er.:th~ Hoine.f'll\s~:l1coperfY·· which were created in Article 4, Section 4. 1 entitled "Grant ofEasementi;" asfi;lates to easements for the parking of motor vehicles in the REA This quitclaim shall not affect.,i:I;te,9th(lf ea$~mei\t grants contained in Article 4 of the REA The parties agree that if separate qUItclaim d~~ds !!fe -12· 96016009.OCIIME01W8870.331102-06-961""r , .~ .,-.",," ~.~, . . .:/: "";".:.:- -, ;" ii~uir~'ct to legally effectuate the conveyance described in this Paragraph 32, they will so execute ,such,~eparate quitclaim deeds to carry out the purpose described above, ,:,,/'33, Related Agreement Substantially concurrently herewith, Eastgate and ,/fioriIeWtse"haveexecuted and recorded a First Amendment to Reciprocal Easement Agreement wlllch"iimep:lIs aR~iprocalEasement Agreement with Covenants, Conditions and Restrictions date\!' June30;'1!'l92, recorded in tbeOfti'oial Records of King County, Washington, under Fee 'No,. 920630;!701 (sjilhjlgre!Jm¢,li{'ang,1\lhendment being herein referred to as "REA"), Tne parties\terl)fo,acktiDwledgeihlit some. proyisions ,in this Declaration conflict with. or are , inconsistent with t411,.REA)mdCi;o=¢~~'\Ilsio~~.!n(jfu9re burdensome than similar provisions in the REA The parties h~eto,.agr¢t¥t alth.ovgh {he REA is in force and effect, those provisions in th.is Declaration,;which are inc,pnsisiiint witl{ poP'll!ct with or are more burdensome to a party than provisions in tb.e REi (inyl;"ding: wi:m~f'limitation, Paragraph 7 and Paragraph 9) shall supersede, control and pfe~a\foverinytiro\(¥Siof\s of.~he,.~A addre~8jng the same subject rn~~ ~ ) ~ $ ':" .. Ilf III If! ·13· 96016009.OClIMEOIW8870·331102-06·96lcef ,'" IN WITNESS WHEREOF, the under' " theidatenrst set forth above. d have executed this Declaration as of Oregon "HOMEBAS~::" ./ ,.,,:'" 'J/'a~~{ REALTY CORP " a Washington -14- 96016009,OCIIMEOIW8870-331102.JJ6-96/cef :~ _ ... -..... i'::" //.. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of ", the.dalll'lirst set forth above. '''''.,. .'.' 96016009.0Cl/MEOJW8870-331102-06-96i«f EASTGATE THEATRE, INC., an Oregon corporation BY: ______ ~ ______ _ ,.,.,. "":".l'Iame,~: _____________ _ ., .. ",/!}.itl~ic-. ------.' .;~' .r .,> : ",BY'N-"'-am""" e-:+--"----:I"""2"'--.-."=>=n-::::rg'""e""r--- ""·'.,.,:i' ntle,,,.: __ f--""""-~'-!.!>=,+--"=jd,,"e"-C~,,,,J __ ·! .. :i'- BY:~-~-':-e,~:-"_:""':_::fia'--:··"""·4i·'4,iA;..:;· '-:::;4·'k'.~~""""~""'::~~~:T-;T~'-<'iid:;;'Slli·6i19i(JWi:fJ"c.::;~:~~i:7:'-/:~~~_ Tit1e.~: _-,-A-"U...,tb~O"",Ei""·~~~d"-7'S""i9!,-,r\=at.:,;:o",,ry,---__ -14- I r'~~'j:::.:"·~"-"'·"'~-··'·~~~-~ -,.,,:-;=; ','~"'.' '.-~:," '; =-:~--•.. -;;;::;rr-~." "",-".-~,-.' >-"--," .. -·~y,,,-. . ;:;: ~ . ~ •• " • " , ....... \ ... •... ,.:' .r iCO~ONWEALTH OF MASSACHUSETTS ) ) ) LAURIE E. RilEY, Nctar! Peb!;c My Commission Expires D8~ember 30,1999 COMMoNwEAL rH o.E,MASSACHUSETTS -; c· ." ',0"" ..... ) ) ) " Notary Public ~I\}i~;rti~~~~(lnallyapp::::e me, Art;;tsj~: 1t1L~IY known to me (or proVed"to Die op the ba~ls (If satisfacto,ry evidence) to be the person whose name is subscribed to the within lnstrument,md acknowlet!gedJo me that he/she executed the same in hislher authorized capacity, afid that bY'hi~ersign;i.ture'·ol'lthejnstrument, the person, or the entity upon behalf of which thejyersoh aded,~xec6tediheins~6.nl'tef\t ,_.' .... ~y. " ~,~ -~ :',_. .:' '" .r""·'·-, .... --,. ~ .~~~··."·.-··;·'·-4' .. ..J/ WITNESS my hand and oJliclal.seaL .,' :: ;' :-... ..",' "'.; LAURIE E. rum. Noa~ Pu~i~ Nof!~'fn~df(lts~ditite~F~t. \; :~;:;, j:_~ My CDmmlssior. Expires DOL'lmOOr30. 1999 .. , .,. . ... <../ " ;~~!i21~~l:>'r~ ""':'" -"'"'" /" -15- 960 16(J{J9 . OC liMEOIWSS 70-3 3 \ 102-l16-9 61cef ~-----... --.. J~TA,tEOF b&G(,.Q) ) .... cgJm-{h 9f HLiL~~J 5S. f/ .. / .. , ·····Ou ~e W· .' f before me, J~,~e ~J ~~ , a ./ J':!utary Pu~lic iii an,;if(lI:said state personally appeared W.;iM ~ersonal1y .kno~ to.me.{Qdirovedto me onJhehil,sis of satisfactory evidence) to be the person whose name iis ~Ubscrlbegt9the.Ytithin instBl.~"ent lI11d acknowledged to me that he/she executed the same in hi;ilberi~uthor:ized .. cap~c~ty. j ap .. 'd that,.,.o. yhio/heTS .... \gnature o~ the instru nt, we p rson, or the entltyupgn behaWof.wh'9h the pemQh,,,gled, e:;;""",t,ed the lOstru .. ent f ! .~~s~ my h~hd'a:;d 0 '., ....... \ ... ,;: / . .'. STAlE 0);'::"_" --"----';-___ --(~ COfum;OF •• _ i -f---:::::::-----'} ss. ...: ...... --" Ott .//.. .co.......... , before me, ,( ,a N6t!lry Public ~ ~d f()i'sl\id s(ate, personally appeared , personally knoVln.lo,rne"( oriproyed ~o m¢ ol}thebilsis of satisfactory evidence) to be the person whose name is subscribed to the ",ithih instrument and acknowledged to me that helshe executed the same in hislher authorized capa;;ity{fuad thl'thy hi~he~.~ignature on the instrument, the person, or the entity upon behalf o£ whieb. the p~rsoti'a,~M,'e"ei:uted the instrument. '", ... , .. , ..,' .,,'...,' WITNESS my hafid'~d offitial·~eal.. . ....... . " ", " : " ;: I"~ N\Jtary'Publicih arid fq{~aid S:tt!-~ -, .' . '.-;;-'" ·16- 960 16009.OC llMEQ/W8S70-331102-o6-96Icef :~ • " EXHffiIT "A" LEGAL DESCRIPTION OF HOMEBASE PROPERTY "~T "~' or~~i~G'.r()NrN6~~~ BmDING SITE PLAN (BSP-014-92), PER MAP lmCO:aDED nr VOLUME 0'3.61 QF' P~~"" l:'AGES 8 'l'lmOUGH 11 INCLUSIVE, UNDER F,ECO;Rl:ilt{G 1'10. /9206~0269~:L~CORJ)S;;QF KING COUNTY,' WASHINGTONr TOGETHEltW1~H onlA'l"PO;ii.'l't¢N' ot"W;'!; OF SAID SINDING SITE PLAN, LYING NORTH OF'1\, LINE, DESQlU:B$D AS/~g!it.ows, "':, ' ..... f·' :,' ", .:' .:.; ::: . "'~" BEGINNING AT A l'bIN'i: Ol'!/'l.'!U('tpisT;ERLy LINE OF LOT 3 THAT IS 23.80 FEET SOUTH OF THE NOltTHEAST'CO~ ot LO'Ji,,3, OF SAID.J3IND!.lfG SITE PLAN; 'l'HENCE NORTH 88 DlilGREJi:S 0,9 HIm.rn;s" 51 SECONDS' WlOlST A DIS'l'AHCE OF B75. 5:< FEE'r, MORE OR LESS 'l'Q" A;OII:i'l' ,ONTHEWESTERLt ~'lNE OF SAID LO~ 3 AND THE TERMINUS OF THIS DESctUf'lICiN, SAID ,POINT' Ol"\,TERMlNUS BEING so. B 8 FEET SOUTH OF THE ORIGINAL NbR.'fHWflS'l' CORNER OF ~t 3 ; (ALSO ]:WOWN AS (NEW) LOT~'6~ ):.oTiL);NE~SfMlWT'MA? RECOru>,ED UNDER KING COUNT'£ R!cORDINGNO. 951129900$) ;, .. " / i(';, f\ SITUATE IN"'t¥E CITY OF RENTON ,'2owrl o~ iI~G, "~;~;E ~F WA.s¥lNGTON. ,.' EXHlBIT "A" 96016009,OC IfMB01W8870-3J 1I02-06-96lcof 'f~"'CC~'C'C"~"""'''' ... ==-_.== ..•. _ . . ~ .~ .~ " ~~ , 2 ~f EXHffiIT "B" LEGAL DESCRIPTION OF EASTGATE PROPERTY L01: ;J.OP ~U\!lL1NG'l'ON'NOR1HERN BINI>ING SlTE PLAN (BSP-014-92), PER M1IP RECOru:!EO.,'IN,VOJ;iWS lGJ"'<lF ,~TSr PAGES S THROIJGH 11 INCLUSIVE, UNDER RJ':CO:l!J)IN,G ~6.~:a;Q6302·Ei96,.i RECPRpS OF XING COUNTY.; ~XCEPi' ~HAf P6RT~ON'·Qf·i~~T·j·/Q{~hl:D BINDING SITE PLAN, LYING NORTH or A LINE, DESeRIS.ED ~S ~.oLLCWl>: ".i !lEGINN;~G"'AT ~po:i~ .ON 'I'Hf.;E1I.~TERLY LINE OF LO'l' 3 THAT IS 2J .. 80 FEET SOOTH OF THE·NORTHEAST qQIUl'ER .,011' LOT 3 OF Sl).;tD BINDING SITE PLAN; THENCE NORTHSll}'()9J S!l." .,WEST l\,:'D}S'l'AN~E OF Sc75'".52 FEET, MORE: OR LESS TO A POINT ON THE'WES'l'.ERLY 1,;(NE/O.F SAID LOT J/AN)) THE TERMINUS OF THIS DESCRIPTION, SAID toIlfl' 9F TERMINYS. BE'ZNG .. 8Q,/aa FEET SOUTH OF THE ORIGINAL NORTHWES'1'Cg,RN:?R 011';1,0'1'/'3; .... ALSO KNOm; AS (NEW) LC'l'<,,/OF LO!!' LI;~'" APJ'\JIiiTM~N'l')1AP RECOll.DED UNDER KING"'G,oUNT'l :RECORDING NO. 9S'U29.90.Q6) i," '/' "'.' /'" ';'.,. .... ·\':t. "'".'0 ,:' sr:iuATElt.< THE CIT. OF R'ENTON;,F?].INii'';' or KJ,;NG;::.~':i:')l.T~ OF:i·w~i;H!NGTON .. EXHIBIT "B" 96016009.0ClfMEOIW8870-331102-06-96Icef EXHIBIT "e" SITE PLAN be provided} EXHlBIT"C" 96016009.0ClIMEOIW8870·331/02-06·96Icef '.' " EXHmIT"D" ... LEGAL DESCRIPTION OF ANNEXATION PROPERTY EXHIBIT "D" 96016009.OC lIMEOIWS870-331i02-06-96!cer 36(]ZOB13Si9 -:.118.111' ... w w a: .... m .... m .. I II I.-~Qrw _ '''.II!' ;0 ., ",', EAST VAL\>.!V . '-";~ . ".c. . ' .. ". """" "c ,~'-... ' ••• '.> .. ' .••.. ~." .. . . ................. ~ ",~,. ';", ~':'., """",c_ ', •••• ~ -'--. '·'c.,,_, .. ,_ . SE PARCEL PARCEL .-.. " ...... .•.. _-.. -, 'iUTPARCELS (iNCLUDES CORNER i OUTPARCEL N10 OTHER OUTPARCELS) . At ....... · CORNER OUTPARCEL ANNEXATlON PARCEL (ONCE ANNEXED IS DEEMED AN OUTPARCEL PER PARAGRAPH }L _____ ""~' 31 OF CC&R'S) EXHIBIT ·C· -PAGE 1 OF 3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS SECTION 30, TWP. 2.3 r~ .. rI . .5 E.,. WM . CITY OF RENTON, WASl-IINGTON lHIHDAl Horton Dennis ~ Assoclstes, Inc. C<ltl.u~r.g EJI~jJl"nI. "'~~ ...... , tl"d $1l .... .., .. r'1I ~lfIIU.II:l, _1~1lW 11&. t!lH 1l£SI>:'MEl:\; CAn;;, lfi.1fM --r HDA JOB NO. 9566.10 DRi.!IIW.: ~. 1'.\00> ~ '" I _ I DATE ! Cl-t£CJ<m: M.", j ~f~~ ~~~l SHEED 01=':;3 P' I 1-; ~I ~I ~I -. '" I r 1 \......~C1"w -lUll' ~ OJ ".:. "-",. .' 'r: ....... -.:,., ""''' .. ,~. ,to. /// //'/ ~./ ;// '/ lJG.OU' ~'-. ~1'-----------:'-""':"'_:T""------~-----~-----~~-- f • • ~ ~ ~ • • + ~ • + • • • • • • .. ~ .. + • • '." ..... . eAST VAl;:'lI!V ....... ,. -•.•.. -. . -... ~~ . ,.,. ""''''' " _. f/::' 960208~j':9S ........ , Ej ....... . -"~'-, .... , .....• -".. i:. ... :......~;~ ..•... . . .. MAIN ACCESS DRIVEWAY SERVICE DRIVE SIGN EASEMENT AREA 11::ft1:n'M'OV'E -11100' ~~ EXHIBIT "C"-PAGE 2 OF 3 DEClARA TlOM OF COvt:NANTS. CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS SECTION 30, TWP. 23 N., R. 5 E.. \'1M. CITY O~ RENTON. WASH1NGTON 'iI-oo Horton Oennhl & Associates, Inc. Con,I,lIll,,; £~,tlI ....... Pla"n-tn, Ol'd llllt"o' ..... "". ~IJIlCLNCI, "';<.<;III!iGltlIII flU -1m I)E5[~Jgl, I)~TE: 1/UM HDA JOB NO. 9568.10 ~,.,'W, :>et.L£: '".100' O-I£o::F.D; E!.CJj. ~T~~ ~~ .. !l~lSH~ET: 2 OF: :3 '--';""_ .. .. "' W IX: I- OJ ... .. ~ .. ;0 " . '.0 .......... _ .... . -"., D f/D'l"5C"I:n; - /,/./ //./ //'/ IlG.OO' ;~'''-----------~~T--------------------------- ....... N01W'OI"1t Ai lUoU I ,'". HtIIWOII"E -$~:UII' I ~ ~io> . .. . . •• ~.. ~ ~.' ','. . .. I . • . t' ~ i.r_... • .. • * • • + + •••• ~ •• ¥ ••• ¥ ~; 960201l139!''''''<''' .·.···.· ... ·~· .. '···'.3'·· .... '_. ". ""'-",. . ••... '~ .. • cc •••••• _ •• _ ". ""-'c ", -'" '.'~ _ .. : ," , ..... , ~ -. ' •. -, .,' . BUILDING ENVELOPE ~~~'l'tloo' ~A8T VA~('~Y IF BUILDING USE IS . ._ . .' .:' ","NlI,j(,l,J IU "c.JJoJt. USE, 92,,000 Sa. FT. "., ·_BUlLDIN:G ON HOtoIEaASE PARCEL-111.840 SQ. FT_ 8Ul1..Q:I~(:sl-1JN J)Lf'IPAACELS ___ 6.000 ~.Fi E,l.CH . . (INClODING ANNEXA liON ···,···.,P.AACEl.., IF"-ANNEXEO) .•.. ,.,-.. ". -L --1-[-[ ~~ EXHIBIT "C" -PAGE .3 OF 3 DECLARATION OF COVENANTS, CONDI1l0NS AND RESTRICTIONS AND GRANT OF EASEMENTS SEcnON 30. TWP. 203 N .• R. 5 E .. \'44. CI1Y OF RENTON. WASHINGTON [HOR] Horton Dennis & Associatesl lnc. Cotllllll\ill~ E:ngln.....,., ptd ... ~_ gniJ Su'""WfO"1' MI_, l;I.\,"HII.IGm.l an ~ ~ ~"'!in, ~ ... '"" ""'" HOA JOB NO, 9566.10 I"IU,'JIII-', !iC ... ~ 1· ~1~' fU ~AW£: i53eEJ(c;.~'tr, SHEETc 3 OF, 3 I M(:KEI; ~.o.~. Pl.Q"[)"'~ "/llIIIH pQ~~. _t~h 'toll.~ a. hoI' ,oll 4na ,.p Pllty and eMt.~_ '0 J. Q, ~A~o.rIQn and Vanec~~ M .~d.~'Qn hwf., . ,:', .' " \ ' ~--''--- / An "n4~vta.a lila. lnt ln aQd to t~. fol d~IQ r •• t ~'l 1ibt 'I,or ~t thft NIt of t,hn NWt .Qf 111.···.,,11 23-5 • mfciu-tmr; r+, .,' 'hi Pr3Arl at li1wYJ ~. 1101" co l'Q8. ~ ~. ;.' ~ ~i;i ,npqmpfan .. a., 8'V~ _nd tXQ.~t ' ••.• mta. ~ •• tr~Qt .. ~Qnl M4" r_,."v.t~Qn. of read., and r •• 4l.,v1n8 unto tho rP ~~. , .. ,:l-,.JI1l1 .• rot.a!n 50_ .. of Q ~)' ,no all rQYll tte. wah mil p, ".~t ,.4 ,~ all 01! prod on or t rOJa I~ 1'. pp ty · , 1\1iJ ,:0 19,5 RE Taxes, and Oratna4,e IIli tHat 'ltull I1:U O!t 'Q8Yal~~ QQ~ M.iQn!ib~n, Feb 11-5~ b;y tho !'p. b~f CQ~r if JlJl1 np tor ad 00 and at., re.~,41.nj at Ma:r,j on" na ---- 183398 ch~ ~t:l~: Unoa' 10,00 Ov, • OA~'l ~Qw:ry., WOP alao appears or l"tOQN •• OPl~a ~QWeJ,:"1 IS ht:r lole ",rid sc'~~ate propet't,y EHid ~atf4t. 1H) J. Q. Add.reoll and Vaneota M. 4dderaon, hwf Ai " W ~"\H~,,~,1d'Cl l/l2 1nt.r~5t 1n and to tho folloW aele: "'I~ p~pp.rty: :; til., E,,,,ttefJ or ihe NEt of th~ N"~ of ~.o 31 -83 -5 IWM lJ.J!1 Il' f>t !ih' Pri.mary 3t a t~ H1S1hw.J "0 5~ eucc,pt OQ"Rta, ftM~·f 'Ht PI' tMouRtbr"ntH$S save ~nd ~XO.IPt ea ••• enta , NI@tJ'~Q*lpn" ina r.~I,Y.t1P1l8 ot reoord, and rellirvins nntp gl'{tnt"t' thEe l!~I~'t~" J'.taln 50S or anyand all rO,f.Itt.a wh1.oh ., bt 4tiJ,.a trom all (\11 producad on (II' troll ad raal proPtt'ty 8tlttJ '" 1 q55 l~e taXtHl anq nr~ inag •. O!atriot Wp 1. to, I'~ Q~. '~O.'. Sts.te Df MIohlgan co of l~gham Feb 14/55 t'p "etpre Merrill t. Stark NP' t".aialng at N!Qhlgln "nt~l~ AprIl 7 -1958 'M~ r~ rId patio 183398 J) ~., . P. Mlr. 1 ~ ~5 ~ 547@598 f~\.l~p4 5i6".Ot .l~.OQ ovc. a.20 h'lIX. ~.oo at:)! Mlld_ tawry D1ne. who also ap~ara or rtcord ~q Mtl~A ~,w.ri tlln-. al ha~ 501e and aOI=K\rate prop~rty _,,<t ft.'a';' $~ J, Q. Adchrraon and 'Ianeala M. ,,"dorsen,. hwt (?~ ~ If dMlfjy lalLld t/t2 lnt 1n &nd ttl t;h .. follow d,so r~l\l .. "'.~: .J3g.,~~pq or. ttl. Wit of the NW* pt "ClO 31 -23 -; tim 19l1. wit CIt' tht Pl'lmary State Uigln,U Nil 5. ue opuntJ, 'rot a.' tH~o"mpr"no.a aa VI ·~nd exo ead~,"p,ta ~ ~~.~~~~~~~ .. ~a .. ~nd raa.,1'vat1CJns ot' r. eOQrd,and ~.6.· .1:'v~nl llft~p'I!.'r@"tpr tn. right to r.tatn ;osr; Dr tHlY and ~~~ 1!~.lt+'ft·~tft\:l.Qh may be .. derived fro1\\ all oil prodUQ~d ~~ Rtl tl'pm ad real propert,Y 'I"~j t, 1.955 t'leal estlte taxes and drainage Dlett'1Qt no ~ " 11i ok exc stat, of Michigan 00 or Ingh~~ by tp bettlre Mtrrl11 Stark Nr res.1dln, at rl. April 7 "" ~8 . ", ~83398 01 {(3fillt" fl. Klnif3t"Y, as her aole ~nct ri.~ratl property '4n\1 tot@ .~., .... ~@ ·".1 f Q. ~d(ier8Qn and Vt\n_Q1.~ M. 4<.1d_raonf hwt "W , An ~Ra~v~d~d 1/6 interest 1n ~nd tp toe follow d~80 ~Q.t~~=tt~ri Ilt' tll.t! NEt; of tn.e tiWt pf allx 84ftO 31"'! 23 ~ ~., ,"d +y1ni W~:; ot' ttl. t~rlme\rJ St,tofl1ahwilJ W~ 5~ t16 .... ,! roads I,~ft ~,,"Rlir . .' . • .Jf,tt g' tnau.branQes sava and ~xa e~~.menta ,.etrlQ~~~na ~"d reservations or ~eaord and 't.tr,.~q, ,.u~to grantor the r1.ght to ret.~n 50. ,r .n'@Jt~ all t'Pyalt18s whtoh \J"'~Y be de~"lved from all '-11+ PJ!Q~YQ~d pn Ot' from ad r'eal. property . ·3~~J.a 1955 Real 83tate taxes and dral.nag~ dlatrlot NQ l,··tll.J .$:, Qk. I~c StatE) of callforn'\a op or San Diego ,@ 5 ~ 55 by fp before r.on M. Schwiokhard UP , t ~l1.r N~ itt-p:tres Ma.r 4 -1956 _1'~_i1i':,o,..,/ . 11 t ic 183398 l)l '., :, . ~ r, -.. , it JMI,cIf16 _ U01:.%"" ~. 11001 tjiHiI .to", dU tt-.. .t ......',61 litl".tstll.tlt i.l~tiII\! 1t~1:iIS t~ gg-tt q98 \tlltw ttdtSt6 IflU ttdJ t to,. ~.td t~'Ut'dtt ~\t It, §§8t 04 J\f\I " it)Jd PI."d.i," titi ,.ti~,,' B"ottf" Jtt tto, tl-ilttliiJ tliJ1id",'~:".,~';· . 8. O', .. tt«t;i ttl "' ttl' Jog tl: i ~, 'f.t'f'.. e 91 IUtJ .. i.i M, l).,t Jd IUiIl.:k ~iH) IIUfiJ • Ita. l!t~ itt.lt ft .u. . , , .'~' • d 0: I gi ".ttttL!\,jIAitlt4~ it) ltA BUilt dl ~H:i!-t~ Itft ;~ tMlt jij;,"", iI' ijll'~ tdo.td t-t ~l'.,." It' o~ I)tj. ttt ~ttt gt/t AtiltH ti~ k , I IAU , u~~.tI"I· -I ·'~"5,'·'I1!'A U' t uot".&dikti ".e' t5" '. '~ 1, " J!' .... , v·. . ~, .. il' tftJI '~.td ~~ .. :~. "Itol.ilitt.t t .. P't~oltij tt~t '. ttq.tJI ~.~ lilt og'd t • .i,G tk! :~d • ·ot. IHI,-I§:tQ liiil ~~~.~~~~~""~:';'fo·~;;·"·'·"'"''·'~''':''''f''' .' " """.:' 'Lb"tt,l~l' .~Q .• J::'" ~tl:::) ~,,_. * •.• ~ .... fill ne"",' -l:"~\ffll" '$ ~.r ,Q\' 1M JI'~ pile, ... 0,-'A ~ ft·A.4~ .. l'19n ,~, ¥lD!i~ __ 1 _ 'M' .. r.~nJ nwt 9 ,- All \lOO~V ~/l8 1ni tn and to fl' q~,,_a r~ prQJl; _, ;',I,·'RAi'.N,:lt1~ NWtu"ot 205,',0 ,3~ .. !~J-5, ~'lfIj ~,~n. W~J qf "ill'" '~1',~ 1', pwa, aCL j •• 0 i!I'lun"Ja". " , 'I't of IBA~lr.q~ •• _*ve .,,4 eJC J~.'~ r.tn~ .n" r.Vl\, ~t.· "',P Ift9, . r.1,erv1ns 'A~to tp rlaht ~Q r.t.'~fl 50_ ~r 'Dr t, rtf frl:\. "1,+'.1", WCh -1 bo "e,l!, ,e4, ,tr~ .l~ Q11 prQ4~Q'" All fit' IF I ' pf-QP -~, IQlt .,~ ~QI , .. ~ CUft tIl and o:r~ln.I' Pl"t Wo. 1 Cf,; 11'1jI'''q~t~ "t~il. il'CD 14-55 bl 'l(U'!U\QI SPl~ill "nwn \:lot 1M' ~R'~ fW t'(,a~ .ien rei at ".".111 NS Na~ 1,5-55 o !" ,0 o oj< o lJ') c ~ OCJ RESTRICTlVE COVE~I\N c !~ f/~9cX1X~, ., nils INDENTURE ente.'ed into bet,'leen GLACIER PARK COMPANY, a t1innesota corporation, hereinaCter called "Owne.''', and Brad CUilningha'll, an individual, he rei na fter ca 11 ed "Purchaser", WITNESSETH: WHEREAS, OWner presently Olins lots 4 and 6, Block 2, Burl ington Northern Orill i a I ndustr'i a 1 cPark of Renton Oi vi 5 i on I, dccoI'd i ng to plat recorded under Auditor's No. 7809250902, Ki'ngcounty, Washington; acnd WHEREAS, Purchaser desires to expand a building on Lot 5 of said Block 2, and the part i es, as a result thereJf, des i r'e to estab 1 i sh setba'ck reqtii rements with respect to futu.'e buil ding or buil oj n'gs to be constructed on said lots 4, 5, and 6, Block 2, of said recorded plat; NOW, TH'EREFORE, fa.' good and valuable consideration, the parties agree as fo nOl~s: , , 1. Nobuil'ding or" struttUre 'shall be constructed or maintii'ined on the south 24 feet of Lot 6, and the west 39 feet of Lot 4, Block 2, of said recorded pl at. 2. No building or structure shall be constructed or mai'nfaiited on the east 21 feet of,cLot 5, Block 2, of said reCorded 'plat. 3. This ,agreement shall be bi'iidlHgtipon 'the heirs, successors and assigns of the parties. Termination of these covenants'orany cnaftges in same m~st be approved by the City of Renton. DATED this 22nd __ day of __ -''''''EriJ:, _____ , 1981. OwNER GLAC IER PARK COflPANY pURcHliS'ER c BRAD CUNNI NGHAM hprmnk06 r- STATE OF ~lNNESOTA S5. County of Rar,Isey On this 22ne day of April persona 11y appeal'eirJ-C-. Kepady -a,-n-:Jd-_--:-"--L--;~~~__:':':l":':""'__:_== knolin to be Vice President and . Assistant. Secretary, respectively of 'GLACIER PARK COMPANY, the corporation tRat executed' the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and.deed of said,corporation for the uses ~ndpllrposes ther,ein mentioned, and on oath stated that they \iere authorized to 'execute saidiilstruolent. IN wIniEss WHEREOF, I have hereunto set my handandaffixed n\y official seal the day and year first above 'written. STATE OF wi\SHINGTON } SS COU NTY OF tJlJE) ) On this day personally appeared before me brzADC{)'J1/J1/J~ttJ.t1 to.me kn."6wn to be theindhii~ual _._' _._. desc':ibedin ii'1h.ho.' .. e.xecute-1 ... e wi thi nand ,,foregoi rig i ITsfrument, and ack~owledg-ed that. lJJ::: :-. , signed the same as'·~ _ free and voluntary act 'and deed for the uses and purposes t~ln mentioned. / , , . . . r7al-·{{ OjJSlJ!EN under my hand,a~g 0Wla~ seal tillS if ~ -' day of (i' , .. ,j /~. (4,~-. . /, ,( :1//1-1 ~ ',/ Z)VI.R-( .-{" . NotarY~'lJbl i~ i~ar\d for the State f sli' at I """'~'--rr hprmnk06 2 ! ~!'S f- ,.1 :.j " ..::> i Cl '" ~ "-,) :-1- -' < .) , ", 0 ! f-, W , 1 :=J I Cl ,~ , I ,-I - r I , \ , , ", , . . " " .. , , ~. WHEN RECORDED RETURN TO: FOSTER PEPPER & SHEFELMAN 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 Attention: Michael Kuntz o • RELEASE OF PLAT RESTRrCTrON - THIS RELEASE OF PLAT RESTRICTION is made this ;).. (.,11./-day of June, 1992, by GLACIER PARK COMPP~Y, a Delaware corporation ("Glacier Park") and BURLINGTON NORTHERN RAILROAD PROPERTIES, INC., a Delaware corporation ("Burlington Northern"). Recitals 1. Pursuant to the plat of Burlington Northern orillia Industrial Park of Renton, Division I, recorded in Volume 108 of Plats, on pages 12 and 13, records of King county, Washington (the "Plat"), Glacier Park reserved for itself and its successors and assigns the following plat restriction (the "Plat Restriction") : Glacier Park company hereby reserves unto itself, its successors and assigns, the right to construct, maintain, use, operate, relocate, reconstruct and renew such trackage and other facilities of Glacier Park company, its successor and assigns, as it may at any time and from time to time desire within the said premises, and the rights herein reserved shall be and remain superior to the rights of any and all others in said lands, including but not limited to, utility companies and/or their designees, who may hen'after occupy said premises or which may extend its or their facilities, over, under, across or through the same. If such facilities of others occupying said premises require encasement or any other protection by reason of the existence and operation of any such trackage or other facilities of Glacier Park Company, its successors and assigns, such protection shall be provided pursuant to specifications of Glacier Park Company, its successor and assigns, and the work will be done by said any and all others at its or their sole cost, liability and expense. 2. Glacier Park and Burlington Northern are selling the property ("Property") more particularly described on Exhibit A attached hereto, which Property is within the Plat and thus subject to the Plat Restriction; 3. As a condition to the sale of the Property, Glacier Park and Burlington Northern have agreed to release the Plat Restriction as it applies to the Property; oomOl.02 -1- FILED FOR RECORD AT REQUEST OF TRANSAMERlCA TITLE INSCR \:"\CE CO. 320 l(lRlh A\'(', i\ [.: P 0, 1;0:: I:U Bdkvue, 11,1 VbUU~ iJI ,'" . \ " I • ;i , • I , i , 1 • I, , I; : I ", I " '0 t.'C' I ~d i ., 1 ' ..... ~j;f I: '" f" };~ ... ,l- ~ " , " 0-, ... :;J , " ,~ Ll i '" I ',' 1- ", , ,) >-1-,,' -' < 'J , . ' .. 0 0- w ::> Cl ,~ o • - NOW THEREFORE, Glacier Park and Burlington Northern hereby forever release and relinquish all of their right, title and interest in and to the Plat Restriction to the extent the Plat Restriction affects or encumbers the Property (provided nothing herein shall affect the Plat Restriction as it applies to other property within the Plat). In connection with this release, Glacier Park and Burlington Northern represent and warrant to the p'Jrchaser of the Property that they have not transferred or assigned the benefit of the Plat Restriction to any other person or entity. DATED as of the day and year first above written. GLACIER PARK COMPANY, a Delaware corporation BURLINGTON NORTHERN RAILROAD PROPERTIES, INC., a Delaware corporation STATE OF WASHINGTON COUNTY OF ~J ss. ~. I certif~ t~I know or have satisfactory evidence that '4<~ /" v /L-<a 0/ is the person who appeared before me, and sa1d person acknowledged that said person signed this instrument, on oath stated that said person was ~orized to execute the instrument and acknowledged it as the??;, 4ldA~of GLACIER PARK COMPANY, a corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. 0037205. ()l d /7 Dated this cPt -day of _~(L..t. .... '/~-<-<C-:""'Z."''''-R.£.c/L· ----=:'====._....:-:-::::::...-- ,~ , -2- n=aoa= ..... otary Public in and sta~of Washington, at .a T7fle ./ My appointment expires 1992. ., , :~ . ' ;,' , . ~ , , , , i' , , i-: , . I'" ,.' j.J Ii I;: i.-i i· I: \ : , ' , . III ~ ~ ~~ , • • ( STATE OF WASHINGTON ) COUN,'Y OF ~'~ff l ss. J../ I cert~:?-at I know or have satisfactory evidence that ..u..a."c,,~'/ c.:-~a<, .. .J is the person who appeared before me, and sa d person acknowledged that said person signed this instrument, on oath stated that said person was autbyrized to execute the instrument and acknowledged it as the2&;,tl:d{<4<d,....,,?f I!URLINGTON NORTHERN RAILROAD PROPERTIES, INC., a corporatlon, to 'be the free and voluntary act of such corporation for the uses and /Iv ./ ......... purposes mentioned in the inst~rum t. Dated this .??k -day of ,(4-(1 -~ 1992. 72 . ~~ otary Public in and for the statey Washington, residing at \.:J).....e a U/a ,/ My a~pointment expires ~~;j?~ ;..,:u ""';. , ,: -1-:. •. pc:· • cJ')\ tleL\ ..... ~ • ';.0.. on394 .~,. • _fifO ~. ,"_0 • .,?:. fI, ," ~ • ".(' O'f"'11 "'~\'\~ •• '0 'F WAS" .. -.. ,,, ...... . ---"-'---~~=~-~-------~--- I .-I '" :-L.: I- ,,- ,) " ,,' o I- ...... ::> Cl :-.. -' \ i , I -, ; , \ "';'---'-" '. e • • I EXBIBU' A PARCEL ,At: That portion of Burlington Northern Oriilia Industrial Park of Renton Divi&ion I, AS pClr plat rocorded in Volume 108 of Plats, page 12 and 13, records of King County, described as follows: Lots 1, 2, 3, 6 7 and 8 in Block 2; TOGETHER WITH Lot 2 of Clty of Renton Lot Line Adjustment No. LLA-016-85 recorded under King county Recording No. 8602139001; AND TOGETHER WITH those portions of railroad right-of-way lying adjacent to Lots 1, 2, 3, 4, 7, 8 and 9 in said Block 2; situate in the City of Renton, county of King, State of Washington. fz,.BCEL B: Parcel B 0: Short Plat No. 378-79, according to the Short Plat recorded under King county Recording No. 7909249001; situate in the City of Renton, county of King, State of Washington. I I 1 ;:, . . , -!, j , i , .. • • " . , DEVELOPMENT PLANNI·'JG CITY OF RENT(,,1J ArR 1 31995 . RECEIVED AGREEMENT REGARDING BUILDlNG LOCATION This Agreement Regarding Building Location (the· Agreement") is entered into as of the 13th day of February, 1995, by HewA REALTY CORP., a Washington corporation ("HewA"). S; A HCW A owns that certain parcel of land situated in or near the City of rcJ Renton (the "City"), County of King, State of Washington, which parcel is more particularly o described on Exhibit "A" attached hereto and made a part hereof ("Parcel A"). o N ..t ..t In rl) B. HCW A also owns that certain parcel of land situated in or near the City, County of King, State of Washington which parcel is more particularly described on Exhibit "B" hereto and made a part hereof ("Parcel B It). Parcel B is adjacent to Parcel A C. In connection with HCWA's development of Parcel A, including, without limitation, the development of a building upon Parcel A (the· A-Building") immediately adjacent to the northern lot line of Parcel B, the City has required that HCWA, as the owner of Parcel B, agree to certain restrictions upon the development of Parcel B . In consideration of the foregoing recitals, HCWA hereby agrees as follows: I. Building Location. In the event that HCWA desires to construct a building upon Parcel B (the OS-Building") or sells, assigns or transfeIll Parcel B to any buyer ("Buyer"), Hew A shall locate, or shall require Buyer and its successors (m the event they desire at any time to construct the Building) to locate the B-Building either (i) a minimum of sixty feet (60? from the northern lot line of Parcel B or (ii) immediately adjacent to the northern lot line of Parcel B. If the B-Building on Parcel B is placed immediately adjacent to the northern lot line of Parcel B, then a setback will be maintained around the entire perimeter of the A-Building and the B-Building in accordance with the applicable building code of the City of Renton, County of King, State of Washington. 9S I 0 101 W.OCI/RESIW8870-266104-11-9Sljmo .. ,' . -" .. • -, , , , , , I! : I I, .. ; ,- • • 2. SUccessoJ!! and Assigns. The provision of the Agrc'ement will imJrc to the benefit of and will bind HCW A and its respcctivll succcssoJ!! and assigns and all other persons or entities which acquire any interest in Parcel A or Parcel B. 3. Applicable Law. This Agreement will be construed in accordance with and enforced as provided under Washington Jaw. 4. Exhibits. Each of the Exhibits attached hereto is inCOl]loratcd herein by rcfcre:nce. 5. Captions. The paragraph captions in this Agreement arc for convenience only and are not a part of and are not intended to govern, limit or aid in the interpretation of any provision of the Agreement. ., n Washington Title: ~~:::::::::::~5r1 Vice Pre:lident I By' -2- 9510101 W.OC 11RESIW8870-266m4-11-9Sljmo • 1 •• . . . .. ". . f . \ • EXHmrr'A' Parcel A: Lot 2 of Burlington Northern, a binding site plan, according to the City of Renton Binding Site Plan reeorded under King County Recording No. 9206302696. in Volume 161 of Plats, Page" 8 through 11. Records of King County. EXHIBITS· A· - Ii ~ • . ~ , ~ . • .. EXlUBIT "S" Parcel S: Lot 3 of Burlington Northern, a binding site plan, according to the City of Renton Binding Site Plan recorded under King County Recording No. 9206302696, in Volume 161 of Plats, Pages 8 through 11, Records of King County. EXHIBIT "B" f - RELEASE OF ACCESS DOCUMENT : :J,I!nl{-; The Grantor, GLACIER PARK COMPANY, a Minnesota corporation, in consider- ation of TEN DOLLARS ($10.00), does hereby release to the STATE OF WASHINGTON, hereinafter called State, all rights of ingress and egress over, under, across and upon the following described bou;,dary of the premises situated in King County, State of Washington: Being that portion of frontage along the South line of Lot 4, Block 2, Burlington Northern Orillia Industrial Park of Renton Division I, as recorded in Volume 108, Pages 12 and 13, of Plat Records of King County, extending Westerly 300 feet along the South line of said Lot 4 from the intersection of S.W. 41st Street and East Valley Road, as dedicated on said plat and shown indicated in yellow on print hereto attached and made a part hereof. Provided, however, that in the event that said limitation of access shall at any time cease to be used by the public for highway purposes, or shall by oper- ation of law or otherwise become vacated or abandoned, the Release of Access herein granted shall immediately cease and terminate without notice or other proceedings on the part of Glacier Park Company, and the State, its successors or assigns, shall reconvey immediately said right of ingress and egress over, under, across and upon said property to Glacier Park Company, its successors or assigns. Dated this __ 2_S_t_h ___ day of ___ H_a_r_c_h _____ , 1980. ACCEPTED AND APPROVED: STATE OF WASHINGTON Department of Highways .... ,. \, 1. --::'\..j .. :~.:::fY' 1,(, t ,. I \.- r~(~j~~; . ..... ' .... .,.,.. GLACIER PARK CO~lPAl~Y Attest Asst. Secretary -1 'w ;, ~~j ;, i - ~, I~ I": '-! Ii I S 85(.14,,,"6" U , 50:; 6~ ·::r:-:5 ::-{) .:::,.: 9::7<"'-'/< 58"' L .:: 3f:-~~9 7 ';5J,301li;J -, , 011-,. , / ?,' . -'.:; "~1' '(, ·'f 2 400, ;g4 q; \:./. l-J"i :;'. _ .. L --5:5 -SP 5';:2-::.)/ 48 ORILL\A IN,D. PARK K1NG COUN1Y J wAf)H. B.N.I. ;'ROPERTY .... .. -)I When Recorded Return To David M Stewart "AlIIIIIIJJIIi FIRST AMERICAN DT Z8 ee PAGE eel OF eze . e3/04/20e2 11:40 KING COUNTY, lolA Latham & Watkms 885 Third Avenue New York, NY 10022 Please print or type mformatlon WASHINGTON STATE RECORDER'S COVER SHEET (RCW 65 04) Document Tltle(s) (or transactions contained therein) (all areas applicable to you'ffi??ent must be filled m) 1 Deed of Trust 1 A'M .... ~ 2 1)'1 n '0'6 J (1,.,( 3 4 nerenee Number(s) of Documents assigned or released' Additional reference numbers on page no of document Grantor(s) (Last name first, then first name and m[t[als) 1 Eastgate Theatre, Inc h Additional names on paoe no of document Grantee(s) (Last name frrst, then first name and mltlals) 1 (Trustee) First Amencan Title Insurance Company 2 (Beneficiary) Lehman Commercial Paper Inc. n Additional names on page no of document Legal Description (Abbreviated Ie, lot, block, plat or section, township, range) Lot 3, Burlington Northern BSP, Rec. 9206302696 n . Addlhonal leaal on paae no of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 ~ -Assessor's Propertv Tax Parcel/Account Number not vet assHlOed The AudItor/Recorder Will rely on the information provIded on the form The staff W[II not read the document to venfy the accuracy or completeness of the mdexlng mformatlon provided herem TABLE OF CONTENTS I DEFINITIONS . 1 2. GRANT ...... 3 3 WARRANTIES, REPRESENTATIONS AND COVENANTS. 3 3 1 Title to Mortgaged Property and Lien of thiS Instrument 3 32 First Lien Status 3 33 Payment and Performance 3 34 Replacement of Fixtures and Personalty 4 --<= 3S Mamtenance of Rights of Way, Easements and Licenses 4 en 36 InspectIOn 4 ~ 37 Other Covenants 4 = = 38 CondemnatIon Awards and Insurance Proceeds .. 4 ""'"' 4 DEFAULT AND FORECLOSURE. ... . . 5 = 41 Remedies 5 co., = 42 Separate Sales 6 C'oJ 43 Remedies Cumulative, Concurrent and NonexclUSive 6 = 44 Release of and Resort to Collateral. 6 c:::> ..... 4.5 Waiver of RedemptIOn, Notice and Marshallmg of Assets 7 46 Discontmuance of Proceedmgs 7 47 ApplicatIOn of Proceeds 7 48 Occupancy After Foreclosure 8 49 Protective Advances and Disbursements, Costs of Enforcement 8 410 No Mortgagee m PossessIOn 8 5. ASSIGNMENT OF RENTS AND LEASES .8 51 ASSignment .8 52 No Obligation 9 53 Right to Apply Rents 9 54 No Merger of Estates 9 6 SECURITY AGREEMENT . ....... .9 61 Secunty Interest .9 62 Fmancmg Statements 10 63 Fixture FIling 10 7 CONCERNING THE TRUSTEE. .10 7 1 Certam Rights 10 72 Retention of Money 10 73 Successor Trustees 11 74 PerfectIOn of Appomtment 11 75 Trustee LIability 11 8 MISCELLANEOUS .. .11 8 1 NotIces 11 82 Covenants Runmng with the Land 12 83 Attorney-m-Fact 12 84 Successors and ASSigns 13 ------------- -- 85 86 87 88 89 810 811 8 12 813 8 14 8 15 No Waiver Subrogation Credit Agreement Release Waiver of Stay, Moratonum and Slmliar Rights LnUltatlOn on Llablhty ObhgatlOns of Grantor, Jom! and Several _ GovemmgLaw Headmgs Entire Agreement Non-Agricultural Purpose Exhibit A. legal descnptlOn INDEX OF DEFINED TERMS Beneficiary 1 Mortgaged Property Covenants 1 Notes Cred,t Agreement 1 ObhgatlOns Deed of Trust 1 Permitted Encumbrances Fixtures 1 Personalty Grantor 1 Plans Improvements 1 Property Agreements Land 1 Rents Leases 2 Trustee Loan Documents 1 UCC 1,2 1 2 3 2 2 2 2 1 3 13 13 13 13 13 13 .. 14 14 .14 14 14 --.,.., en <=:> = -- DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING ThIS Deed of Trust, AssIgnment of Leases and Rents, Secunty Agreement and FIxture Flhng (thIs "Deed of Trust") IS executed as of January 29, 2002, by EASTGATE THEATRE, INC, an Oregon corporatlOn ("Grantor"), whose address IS c/o Regal Cmemas, Inc, 7132 MIke Campbell Dr., KnoxvIlle, TN 37918] to FIRST AMERICAN TITLE INSURANCE COMPANY, Trustee ("Trustee"), whose address IS 401 E. Corporate Dnve, SUlte 100, LewIsvIlle, Texas 75057, for the benefIt of LEHMAN COMMERCIAL PAPER INC , a New York corporatlOn ("BenefIcIary") mdlVldually and as Admmlstratlve Agent for the Lenders under the CredIt Agreement more fully descnbed below, whose address IS 745 Seventh Avenue, 8th Floor, New York, NY 10019 . DEFINITIONS As used herem, the followmg terms shall have the followmg meanmgs: "Covenants" All of the agreements, covenants, condltlOns, warrantIes, representatlOns and other obhgatlOns made or undertaken by Grantor or any other person or entity to BenefICIary or others as set forth m the Loan Documents "Loan Documents" The (1) Crecht Agreement of even date among Regal Cmemas CorporatlOn and Regal Cmemas, Inc, as borrower; the Several Lenders from time to tIme party thereto; Lehman Brothers Inc, as sole adVIsor, sole lead arranger and sole book manager, Lehman CommercIal Paper Inc, as admmlstratlve agent; and the other Agents referred to therem (the "CredIt Agreement"), (2) the Secunty Documents, the Fee Letter, the Apphcatlons and the Notes (collectively, the "Notes") each as defmed m the Crecht Agreement, (3) thIS Deed of Trust, (4) all other documents now or hereafter executed by Grantor or any other person or entity to eVIdence or secure the payment and performance of the ObhgatlOns and (5) all modlflcatlOns, restatements, consohdatlOns, extenslOns, renewals and replacements of the foregomg. "Mortgaged Property" All (1) the real property descnbed m ExhIbIt A, together WIth any greater estate therem as hereafter may be acqUlred by Grantor (the "Land"), (2) bUlldmgs, structures and other Improvements, now or at any time sItuated, placed or constructed upon the Land (the "Improvements"), (3) matenals, supphes, eqUlpment, apparatus and other Items of personal property now owned or hereafter acqUlred by Grantor and now or hereafter attached to, mstalled m or used m connectlOn WIth any of the Improvements or the Land, and water, gas, electncal, storm and samtary sewer faclhtles and all other utlhtles whether or not sItuated m easements (the "FIxtures"), (4) nght, tItle and mterest of Grantor m and to all goods, accounts, general mtanglbles, mstruments, documents, chattel paper and all other personal property of any kmd or character, mcludmg such Items of personal property as defmed m the DCC, now owned or hereafter acqUlred by Grantor and now or = = -= = <n = hereafter affIxed to, placed upon, used In connectIOn wIth, ansIng from or otherwIse related to the Land and Improvements or that may be used In or relatIng to the planmng, development, fInancIng or operatIOn of the Mortgaged Property, IncludIng, WIthout lImItation, furnIture, furnIshIngs, eqUIpment, machInery, money, Insurance proceeds, accounts, contract nghts, goodwIll, chattel paper, documents, property lIcenses and/or franchIse agreements, nghts of Grantor under leases of FIxtures or other personal property or eqUIpment, Inventory, all refundable, returnable or reImbursable fees, depOSIts or other funds or eVIdences of credIt or Indebtedness deposIted by or on behalf of Grantor WIth any governmental authontles, boards, corporatIOns, provIders of utilIty serVIces, publIc or pnvate, IncludIng speCIfIcally, but WIthout lImitatIOn, all refundable, returnable or reImbursable tap fees, utilIty depOSIts, commItment fees and development costs (the "Personalty"), (5) reserves, escrows or Impounds reqUIred under the Credit Agreement and all depOSIt accounts maIntaIned by Grantor WIth respect to the Mortgaged Property, (6) plans, specIfIcatIOns, shop drawIngs and other techmcal descnptlOns prepared for constructIOn, repaIr or alteratIOn of the Improvements, and all runendments and modIfIcatIOns thereof (the "Plans"), (7) of Grantor's nght, tItle and Interest In and to all leases, subleases, lIcenses, conceSSIOns, occupancy agreements or other agreements (wntten or oral, now or at any time In effect) whIch grant a possessory Interest In, or the nght to use, all or any part of the Mortgaged Property, (the "Leases"), together with all related secunty and other depOSIts, (8) of Grantor's nght, title and Interest In and to all of the rents, revenues, Income, proceeds, profIts, secunty and other types of depOSIts, and other benefIts paId or payable by partIes to the Leases other than Grantor for USIng, leasIng, lIcenSIng, possessIng, operatIng from, resl(iIng In, sellIng or otherWIse enJoYIng the Mortgaged Property (the "Rents"), (9) other agreements, such as constructIOn contracts, archItects' agreements, engIneers' contracts, utilIty contracts, maIntenance agreements, management agreements, servIce contracts, penmts, lIcenses, certIfIcates and entitlements In any way relatIng to the development, constructIOn, use, occupancy, operatIOn, maIntenance, enjoyment, acqUIsItion or ownershIp of the Mortgaged Property (the "Property Agreements"), (10) nghts, pnvIleges, tenements, heredItaments, nghts-of-way, easements, appendages and appurtenances appertaInIng to the foregOIng, and all nght, title and Interest, If any, of Grantor m and to any streets, ways, alleys, stnps or gores of land adJoInmg the Land or any part thereof, (11) acceSSIOns, replacements and substitutIOns for any of the foregOIng and all proceeds thereof, (12) Insurance polICIes, uneamed premIUms therefor and proceeds from such polICIes covenng any of the above property now or hereafter acqUIred by Grantor, (13) mIneral, water, 011 and gas nghts now or hereafter acqUIred and relatIng to all or any part of the Mortgaged Property, and (14) of Grantor's nght, title and Interest In and to any awards, remuneratIOns, reImbursements, settlements or compensatIOn heretofore made or hereafter to be made by any governmental authonty pertaInIng to the Land, Improvements, FIxtures or Personalty As used In thIS Deed of Trust, the tenn "Mortgaged Property" shall mean all or, where the context pennlts or reqUIres, any portIon of the above or any mterest thereIn "OblIgatIOns" As defIned m the CredIt Agreement, as well as all oblIgatIOns ansIng under the Guarantee and Collateral Agreement (as defIned In the CredIt Agreement) and = = ~ = cY> = including, wIthout lImitation, all other Indebtedness, oblIgatIOns and lIabIlIties now or hereafter eXIstIng of any kind of Grantor to BenefICIary under documents that recIte that they are Intended to be secured by thIs Deed of Trust "PermItted Encumbrances'" The outstandIng lIens, easements, restnctlOns, secunty Interests and other exceptIOns to title set forth In the polIcy of tItle Insurance Insunng the lIen of thIs Deed of Trust Issued on the date hereof, together wIth the lIens and secunty Interests in favor of BenefICIary created or permItted by the Loan Documents "UCC" The Umform CommercIal Code of the State of Washington or, If the creatIOn, perfectIOn and enforcement of any secunty Interest herein granted IS governed by the laws of a state other than Washmgton, then, as to the matter m questIOn, the Umform CommercIal Code m effect m that state GRANT To secure the full and timely payment and performance of the OblIgations, Grantor GRANTS, BARGAINS, SELLS and CONVEYS the Mortgaged Property to Trustee, IN TRUST, WITH POWER OF SALE ~ WARRANTIES, REPRESENTATIONS AND COVENANTS Grantor warrants, represents and covenants to BenefICIary as follows' li TItle to Mortgaged Property and LIen of thIs Instrument. Grantor owns the Mortgaged Property free and clear of any lIens, claIms or mterests, except the PermItted Encumbrances ThIs Deed of Trust creates valId, enforceable flfSt pnonty lIen and secunty interest agamst the Mortgaged Property, 3 2 FlfSt LIen Status Grantor shall preserve and protect the fIrst lIen and secunty mterest status of thIs Deed of Trust and the other Loan Documents If any lIen or secunty mterest other than the PermItted Encumbrances IS asserted agaInst the Mortgaged Property, Grantor shall promptly, and at ItS expense, (a) gIve BenefICIary a detaIled wntten notice of such hen or secunty mterest (mcludmg ongm, amount and other terms), and (b) pay the underlymg claIm m full or take such other actIOn so as to cause It to be released or contest the same m complIance with the reqUIrements of the CredIt Agreement (mcludmg the reqUIrement of provldmg a bond or other secunty satIsfactory to BeneficIary). d2 Payment and Performance Grantor shall pay and perform the OblIgatIOns when due under the Loan Documents to whIch It IS a party and shall perform the Covenants under the Loan Documents m full when they are reqUIred to be performed = = ..... = C'7 = li Replacement of FIxtures and Personalty Except as permItted by the CredIt Agreement, Grantor shall not, wIthout the pnor wntten consent of BenefIcIary, permIt any of the FIxtures or Personalty to be removed at any time from the Land or Improvements, unless the removed Item IS removed temporanly for mamtenance and repaIr or, If removed permanently, IS obsolete and IS replaced by an article of equal or better sUltablhty and value, owned by Grantor subject to the hens and secunty mterests of thIS Deed of Trust and the other Loan Documents, and free and clear of any other hen or secunty mterest except such as may be fIrst approved m wntmg by BenefIcIary. 3.5 MaIntenance of RIghts of Way, Easements and LIcenses. Grantor shall mamtam all nghts of way, easements, grants, pnvIleges, hcenses, certIfIcates, permIts, entitlements and franchIses necessary for the use of the Mortgaged Property and will not, WIthout the pnor consent of BenefIcIary, not to be unreasonably WIthheld or delayed, consent to any pubhc restnctlOn (mcluchng any zonmg ordmance) or pn vate restnctlOn as to the use of the Mortgaged Property Grantor shall comply In all matenal respects WIth all restnctlve covenants affectmg the Mortgaged Property, and all zonmg ordmances and other pubhc or pnvate restnctlOns as to the use of the Mortgaged Property 3 6 InspectIOn. Grantor shall permIt Trustee and BenefIcIary, and theIr agents, representatives and employees, upon reasonable pnor notice to Grantor, to mspect the Mortgaged Property and conduct such envIronmental, engmeenng and other stuches as BenefIcIary may reqUIre, provIded that such mspectlOns and studIes shall not matenally mterfere WIth the use and operation of the Mortgaged Property. 3.7 Other Covenants All of the covenants m the CredIt Agreement are mcorporated herem by reference. All property-related covenants m the CredIt Agreement are mcorporated as though Grantor were the "Borrower" thereunder. lJl. CondemnatIOn Awards and Insurance Proceeds 3.8 1 CondemnatIOn Awards. Grantor assIgns all awards and compensatIOn for any condemnatIOn or other takIng, or any purchase m heu thereof, to BenefIcIary and authonzes BenefIcIary to collect and receIve such awards and compensatIOn and to gIve proper receIpts and acquamtances therefor, subject to the terms of the CredIt Agreement 3.8.2 Insurance Proceeds Grantor assIgns to BenefIcIary all proceeds of any Insurance pohcles Insunng agamst loss or damage to the Mortgaged Property Grantor authonzes and dIrects the Issuer of each of such msurance pohcles to make payment for all such losses to Grantor and BenefIcIary jomtly, to be released by BenefIcIary or apphed toward the prepayment of the Term Notes and reductIOn of the Revolvmg CredIt CommItments (each as defmed m the CredIt Agreement) m accordance WIth the terms of CredIt Agreement -- Notwlthstandmg the foregomg, BenefIcIary shall make aVaIlable to Grantor the foregomg awards, compensatIOn and proceeds of condemnatIOn and msurance, for the purpose of restoratlOn and rebutldmg the Mortgaged Property, to the same extent that Grantor or the borrowers would be entitled to retam Net Cash Proceeds m connectIOn wIth a Recovery Event (as both of those terms are defmed m the Credit Agreement), under the terms of the CredIt Agreement. 1. DEFAULT AND FORECLOSURE :Ll RemedIes Dunng the occurrence and contmuance of an Event of Default (as defmed m the Credit Agreement), BenefICIary may, at BenefIcIary's electlOn and by or through Trustee or otherWIse, exercIse any or all of the followmg nghts, remedIes and recourses: <'n 4 1.1 AcceleratIOn To the extent penmtted by the CredIt Agreement, ~ declare the Obhgatlons to be ImmedIately due and payable, wIthout further notice, = presentment, protest, notice of mtent to accelerate, notice of acceleratIOn, demand = ..... or actIOn of any nature whatsoever (each of whIch hereby IS expressly WaIved by = Grantor), whereupon the same shall become ImmedIately due and payable C'") <:::> 4.1 2 Entry on Mortgaged Property. Enter the Mortgaged Property and take exclUSIve possessIOn thereof and of all books, records and accounts relatmg thereto If Grantor remams m possessIOn of the Mortgaged Property after an Event of Default and wIthout BenefICIary's pnor wntten consent, BenefICIary may mvoke any legal remedIes to dIspossess Grantor. 4.1 3 OperatIOn of Mortgaged Property Hold, lease, develop, manage, operate or otherwIse use the Mortgaged Property upon such terms and condItIOns as BenefICIary may deem reasonable under the cIrcumstances (makmg such repaIrs, alterations, addItIOns and Improvements and takmg other actIOns, from time to time, as BenefICIary deems necessary or deSIrable), and apply all Rents and other amounts collected by Trustee m connection therewIth m accordance wIth the provIsIOns of Section 8 of the CredIt Agreement 4 1 4 Foreclosure and Sale Institute proceedmgs for the complete foreclosure of thIS Deed of Trust, m whIch case the Mortgaged Property may be sold for cash or credIt m one or more parcels. WIth respect to any notices reqUIred or permItted under the UCC, Grantor agrees that ten days prior wntten notice shall be deemed commercIally reasonable At any such sale by vIrtue of any JudICIal proceedmgs or any other legal nght, remedy or recourse, the title to and nght of possessIOn of any such property shall pass to the purchaser thereof, and to the fullest extent permltted by law, Grantor shall be completely and lITevocably dIvested of all of ItS nght, title, mterest, claIm and demand whatsoever, eIther at law or m eqUIty, m and to the property sold and such sale shall be a perpetual bar -- both at law and In eqUIty agaInst Grantor, and agaInst all other persons claimIng or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary may be a purchaser at such sale and If Beneficiary IS the highest bidder, may credit the portIOn of the purchase pnce that would be dlstnbuted to Beneficiary agaInst the ObhgatlOns In heu of payIng cash 4.1.5 Receiver Make applicatIOn to a court of competent JunsdictlOn for, and obtam from such court as a matter of stnct nght and Without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the ObligatIOns, the appomtment of a receiver of the Mortgaged Property, and Grantor lITevocably consents to such appomtment Any such receiver shall have all the usual powers and duties of receivers m similar cases, mcluding the full power to rent, mamtaln and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents m accordance With the provIsIOnS of SectIOn 8 of the Credit Agreement. 4.1 6 Other. ExerCise all other nghts, remedies and recourses granted .,., under the Loan Documents or otherwise available at law or m eqUIty (mcludmg an en actIOn for speCifiC performance of any covenant contamed m the Loan Documents, = = = = = C'ot = = ..... or a Judgment on the Note either before, dunng or after any proceedmg to enforce thiS Deed of Trust). 4 2 Separate Sales The Mortgaged Property may be sold m one or more parcels and m such manner and order as Trustee, m hiS sole discretIOn may elect, the nght of sale ansmg out of any Event of Default shall not be exhausted by anyone or more sales 4 3 Remedies Cumulative, Concurrent and NonexclUSive. BenefiCiary shall have all nghts, remedies and recourses granted m the Loan Documents and available at law or eqUIty (mcludmg the UCC), which nghts (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently agamst Grantor or others obhgated under the Note and the other Loan Documents, or agaInst the Mortgaged Property, or agamst anyone or more of them, at the sole discretIOn of BenefiCiary, (c) may be exercised as often as occasion therefor shall anse, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other nght, remedy or recourse, and (d) are mtended to be, and shall be, nonexclUSive No actIOn by BenefiCiary or Trustee m the enforcement of any nghts, remedies or recourses under the Loan Documents or otherwise at law or eqUIty shall be deemed to cure any Event of Default. 4 4 Release of and Resort to Collateral. BenefiCiary may release, regardless of consideratIOn and Without the necessity for any notice to or consent by the holder of any subordmate hen on the Mortgaged Property, any part of the Mortgaged Property Without, as to the remainder, m any way Impamng, affectIng, subordmatIng or releasmg the hen or secunty mterests created m or eVidenced by the Loan Documents or their stature as a first and pnor hen and secunty mterest m and to the remammg Mortgaged Property. For , . -- payment of the ObligatIOns, Beneficiary may resort to any other secunty m such order and manner as Beneficiary may elect 45 Waiver of RedemptIOn, Notice and Marshalling of Assets To the fullest extent permitted by law, Grantor hereby Irrevocably and unconditIOnally waives and releases (a) all benefit that might accrue to Grantor by virtue of any present or future statute of limitatIOns or law or JudiCial deCision exemptmg the Mortgaged Property from attachment, levy or sale on executIOn or provldmg for any appraisement, valuatIOn, stay of execubon, exemptIOn from clVlI process, redemptIOn or extensIOn of bme for payment, (b) all notices of any Event of Default or of Trustee's election to exercise or hiS actual exercise of any nght, remedy or recourse prOVided for under the Loan Documents, and (c) any nght to a marshallmg of assets or a sale m mverse order of alienation 46 Dlscontmuance of Proceedmgs If BenefiCiary shall have proceeded to mvoke any nght, remedy or recourse permitted under the Loan Documents and shall thereafter elect to dlscontmue or abandon It for any reason, BenefiCiary shall have the unqualified nght to do so and, m such an event, Grantor and BenefiCiary shall be restored to their former pOSitIOns with respect to the ObligatIOns, the Loan Documents, the Mortgaged Property and otherwise, and the fights, remedies, recourses and powers of BenefiCiary shall contmue as If the nght, remedy or recourse had never been mvoked, but no such dlscontmuance or abandonment shall waive any Event of Default that may then eXist or the nght of BenefiCiary thereafter to exercise any nght, remedy or recourse under the Loan Documents for such Event of Default 4,7 AoollcatlOn of Proceeds, The proceeds of any sale of, and the Rents and other amounts generated by the holdmg, leasmg, management, operatIOn or other use of the Mortgaged Property, shall be apphed by BenefiCiary or Trustee (or the receIVer, If one IS appomted) m the followmg order unless otherwise reqUired by applicable law 47.1 to the payment of the costs and expenses of taking possession of the Mortgaged Property and of holdmg, usmg, leasmg, repalnng, Improvmg and sellmg the same, mcludmg, without limitatIOn (1) trustee's and receiver's fees and expenses, (2) court costs, (3) reasonable attorneys' and accountants' fees and expenses, (4) costs of advertisement, and (5) the payment of all ground rent, real estate taxes and assessments, except any taxes, assessments or other charges subject to which the Mortgaged Property shall have been sold, 4.72 to the payment of all amounts (mcludmg mterest), other than the unpaid pnnclpal balance of the Note and accrued but unpaid mterest, which may be due to BenefiCiary under the Loan Documents, 4 7 3 to the payment of the ObhgatlOns and performance of the Covenants under the Loan Documents m such manner and order of preference as BenefiCiary m ItS sole discretIOn may determme, and -- 474 the balance, If any, to the payment of the persons legally entitled thereto 4 8 Occupancy After Foreclosure The purchaser at any foreclosure sale pursuant to Section 4 1 4 shall become the legal owner of the Mortgaged Property All occupants of the Mortgaged Property shall, at the optIOn of such purchaser, become tenants of the purchaser at the foreclosure sale and shall dehver possessIOn thereof ImmedIately to the purchaser upon demand It shall not be necessary for the purchaser at satd sale to bnng any actIOn for possessIon of the Mortgaged Property other than the statutory actIOn of forcIble detamer m any Justice court havmg JunsdlctlOn over the Mortgaged Property 4 9 Protective Advances and DIsbursements; Costs of Enforcement 49 1 If any Event of Default eXIsts, BenefICIary shall have the nght, but not the obhgatlOn, to cure such Event of Default m the name and on behalf of Grantor All sums advanced and expenses mcurred at any time by BenefICIary under thIS SectIOn, or otherwIse under thIS Deed of Trust or any of the other Loan Documents or apphcable law, shall bear mterest from the date that such sum IS advanced or expense mcurred, to and mcluding the date of reImbursement, computed at the mterest rate apphcable to overdue amounts under SectIOn 2 15( c) of the CredIt Agreement, and all such sums, together WIth mterest thereon, shall be secured by thIS Deed of Trust 49 2 Grantor shall pay all expenses (mcludmg reasonable attorneys' fees and expenses) of or inCIdental to the perfectIOn and enforcement of thIS Deed of Trust and the other Loan Documents, or the enforcement, compromIse or settlement of the ObhgatlOns or any c1atm under thIS Deed of Trust and the other Loan Documents, and for the cunng thereof, or for defendmg or assertmg the nghts and c1atms of BenefICIary m respect thereof, by htlgatlOn or otherWIse 4 10 No Mortgagee m PossessIOn NeIther the enforcement of any of the remedIes under thIS ArtIcle, the assIgnment of the Rents and Leases under ArtIcle 5, the secunty mterests under ArtIcle 6, nor any other remedIes afforded to BenefICIary under the Loan Documents, at law or m eqUIty shall cause BenefICIary or Trustee to be deemed or construed to be a mortgagee m possessIOn of the Mortgaged Property, to obhgate BenefICIary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, mcur any expense, or perform or dIscharge any obhgatlOn, duty or hablhty whatsoever under any of the Leases or otherwIse 1. ASSIGNMENT OF RENTS AND LEASES II ASSIgnment. Grantor hereby grants to BenefICIary a present, absolute assIgnment of the Leases and Rents WhIle any Event of Default eXIsts, BenefICIary shall be entitled to (a) notIfy any person that the Leases have been assIgned to BenefICIary and that all Rents = = ..,.. = D? = c., = = eN --~~------ are to be paid directly to Beneficiary, whether or not Beneficiary has commenced or completed foreclosure or taken possessIOn of the Mortgaged Property, (b) settle, compromise, release, extend the time of payment of, and make allowances, adjustments and discounts of any Rents or other obligatIOns under the Leases, (c) enforce payment of Rents and other fights under the Leases, prosecute any actIOn or proceedmg, and defend agamst any claim With respect to Rents and Leases; (d) enter upon, take possessIOn of and operate the Mortgaged Property; (e) lease all or any part of the Mortgaged Property; and/or (f) perform any and all obligatIOns of Grantor under the Leases and exercise any and all fights of Grantor therem contamed to the full extent of Grantor's nghts and obligatIOns thereunder, With or Without the bnngmg of any actIOn or the appomtment of a receiver 5 2 No ObligatIOn Notwlthstandmg Beneficiary's nghts hereunder, Beneficiary shall not be obligated to perform, and Beneficiary does not undertake to perform, any obligatIOn, duty or liability With respect to the Leases or Rents on account of thiS Deed of Trust. BenefiCiary shall have no responSibility on account of thiS Deed of Trust for the control, care, mamtenance or repair of the Mortgaged Property, for any waste committed on the Mortgaged Property, for any dangerous or defective condItIOn of the Mortgaged Property, or for any negligence m the management, upkeep, repair or control of the Mortgaged Property. 21 Right to Apply Rents BenefiCiary shall have the nght, but not the obligatIOn, to use and apply any Rents received hereunder m such order and such manner as BenefiCiary may determme, mcludmg, Without limitatIOn, for (a) the payment of costs and expenses of enforcmg or defendmg the terms of thiS Deed of Trust or the nghts of BenefiCiary hereunder, and collectmg any Rents and (b) the payment of costs and expenses of the operatIOn and mamtenance of the Mortgaged Property. After the payment of all such costs and expenses and after BenefiCiary has established such reserves as It, m ItS sole discretIOn, deems necessary for the proper management of the Mortgaged Property, BenefiCiary shall apply all remammg Rents received by It m the manner contemplated by the Credit Agreement 5.4 No Merger of Estates. So long as any part of the ObligatIOns and Covenants secured hereby remam unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remam separate and dlstmct, notWithstandIng the unIOn of such estates either m Grantor, BenefiCiary, any lessee or any third party by purchase or otherwise. Q.. SECURITY AGREEMENT 2..l Secunty Interest ThiS Deed of Trust constitutes a "Secunty Agreement" on personal property wlthm the meanmg of the DCC and other applicable law with respect to the Personalty, Fixtures, Plans, Leases, Rents and Property Agreements To thiS end, Grantor grants to Trustee and BenefiCiary, a first and pnor secunty mterest m the <=> c' '"'" = .,.., = Personalty, Fixtures, Plans, Leases, Rents and Property Agreements and all other Mortgaged Property that IS personal property to secure the payment of the ObhgatlOns and performance of the Covenants under the Loan Documents, and agrees that BenefIcIary shall have all the nghts and remedIes of a secured party under the UCC wIth respect to such property Any notIce of sale, dIsposItIOn or other mtended actIOn by BenefIcIary wIth respect to the Personalty, FIxtures, Plans, Leases, Rents and Property Agreement sent to Grantor at least fIve days pnor to any actIOn under the UCC shall constitute reasonable notIce to Grantor. 6.2 Fmancmg Statements Grantor shall execute and dehver to BenefIcIary, m fonn and substance satIsfactory to BenefIcIary, such fmancmg statements and such further assurances as BenefIcIary may, from tIme to tIme, reasonably consIder necessary to create, perfect and preserve BenefIcIary's secunty mterest hereunder and BenefIcIary may cause such statements and assurances to be recorded and fIled, at such tImes and places as may be reqUIred or pennltted by law to so create, perfect and preserve such secunty Interest Grantor's chIef executIve offIce IS m the State of Tennessee at the address set forth m the fIrst paragraph of thIS Deed of Trust 6 3 Fixture Fihng ThIS Deed of Trust shall also constItute a "fIxture flhng" for the purposes of the UCC agamst all of the Mortgaged Property that IS or IS to become fIxtures InfonnatlOn concemmg the secunty mterest herem granted may be obtamed at the addresses of Debtor (Grantor) and Secured Party (BenefIcIary) as set forth m the fIrst paragraph of thIS Deed of Trust 1. CONCERNING THE TRUSTEE 11 Certam RIghts. WIth the approval of BenefIcIary, Trustee shall have the nght to select, employ and consult WIth counsel Trustee shall have the nght to rely on any mstrument, document or sIgnature authonzmg or supportmg any actIOn taken or proposed to be taken by hIm hereunder, beheved by him m good faIth to be genume Trustee shall be entItled to reImbursement for actual, reasonable expenses mcurred by hIm m the perfonnance of hIs dutIes, mcludmg those ansmg from the Jomt, concurrent, or comparatIve neglIgence of Trustee; however, Grantor shall not be hable under such mdemmflcatlOn to the extent such habliity or expenses result solely from Trustee's gross neghgence or WIllful mIsconduct hereunder Grantor shall, from tIme to tIme, pay the compensatIOn due to Trustee hereunder and reImburse Trustee for, and mdemmfy, defend and save Trustee hannless agamst, all lIabIlIty and reasonable expenses WhICh may be mcurred by hIm m the perfonnance of hIS duties Grantor's obhgatlOns under thIS SectIOn shall not be reduced or Impalfed by pnnclples of comparatl ve or contnbutory neglIgence 72 RetentIOn of Money All moneys receIved by Trustee shall, until used or apphed as herem prOVIded, be held m trust for the purposes for whIch they were receIved, but need not be segregated m any manner from any other moneys (except to the extent reqUIred by -- law), and Trustee shall be under no lIabilIty for mterest on any moneys received by him hereunder U Successor Trustees. If Trustee or any successor Trustee shall die, resign or become dlsquahfled from actmg m the executIOn of thiS trust, or Beneficiary shall desire to appomt a substitute Trustee, BenefiCiary shall have full power to appomt one or more substitute Trustees and, If preferred, several substitute Trustees m succesSIOn who shall succeed to all the estates, nghts, powers and duties of Trustee. Such appomtment may be executed by any authonzed agent of BenefiCiary, and as so executed, such appomtment shall be conclUSively presumed to be executed with authonty, vahd and suffiCient, Without further proof of any action 74 Perfection of Aooomtment Should any deed, conveyance or Instrument of any nature be reqUired from Grantor by any successor Trustee to more fully and certainly vest m and conflITn to such successor Trustee such estates, nghts, powers and duties, then, upon request by such Trustee, all such deeds, conveyances and mstruments shall be made, executed, acknowledged and delIvered and shall be caused to be recorded and/or filed by Grantor. 7.5 Trustee LiabilIty. In no event or circumstance shall Trustee or any substitute Trustee hereunder be personally lIable under or as a result of thiS Deed of Trust, either as a result of any actIOn by Trustee (or any substitute Trustee) m the exercise of the powers hereby granted or otherwise. ~ MISCELLANEOUS li Notices. Any notice reqUired or perrmtted to be given under thiS Deed of Trust shall be m wntmg and either shall be mailed by certified maIl, postage prepaid, return receipt requested, or sent by overnight air couner serVice, or personally delIvered to a representative of the recelvmg party, or sent by telecopy. All such commumcatlOns shall be mailed, sent or delIvered, addressed to the party for whom It IS mtended at Its address set forth below If to Grantor, c/o Regal Cmemas, Inc. 7132 Mike Campbell Dnve Knox Ville, TN 37918 Attn' Amy E Miles With a copy to Wagner, Myers & Sanger 1801 First Tennessee Plaza, PO Box 1308 KnOXVille, TN 37901 Attn Herbert S Sanger, Jr , Esq <::> = "-'T = = = If to BenefIcIary, to Lehman CommercIal Paper Inc 745 Seventh Avenue, 8tb Floor New York, NY 10019 Attn: FrancIs X GIlhool wIth a copy to Latham & WatkIns 885 Thud Ave. New York, NY 10022 Attn' Chns Plaut, Esq 023299-0182 Any commUnIcatIOn so addressed and maIled shall be deemed to have been duly gIven or made when delIvered, or three busIness days after beIng deposIted m the mall, postage prepatd, or, m the case of telecopy notIce, when receIved, addressed as set forth above or m the case of any party, to such other address as such party may hereafter notIfy to the other partIes hereto 8 2 Covenants RunnIng WIth the Land. All OblIgatIOns contamed m thIS Deed of Trust are mtended by Grantor, BenefICIary and Trustee to be, and shall be construed as, covenants runnIng WIth the Mortgaged Property. As used herem, "Grantor" shall refer to the party named In the fIrst paragraph of thIS Deed of Trust and to any subsequent owner of all or any portIOn of the Mortgaged Property (WIthout m any way Implymg that BenefICIary has or WIll consent to any such conveyance or transfer of the Mortgaged Property) All persons or entItIes who may have or acqUIre an mterest In the Mortgaged Property shall be deemed to have notIce of, and be bound by, the terms of the CredIt Agreement and the other Loan Documents; however, no such party shall be entItled to any nghts thereunder WIthout the pnor wntten consent of BenefICIary. lLl Attorney-m-Fact Grantor hereby Irrevocably appomts BenefICIary and Its successors and assIgns, as ItS attorney-m-fact, whIch agency IS coupled WIth an mterest, (a) to execute and/or record any notIces of completIOn, cessatIOn of labor or any other notIces that BenefICIary deems appropnate to protect BenefIcIary's mterest, If Grantor shall fall to do so WIthIn ten (10) days after wntten request by BenefICIary, (b) upon the Issuance of a deed pursuant to the foreclosure of thIS Deed of Trust or the delIvery of a deed m lIeu of foreclosure, to execute all mstruments of assIgnment, conveyance or further assurance WIth respect to the Leases, Rents, Personalty, FIxtures, Plans and Property Agreements In favor ofthe grantee of any such deed and as may be necessary or deSIrable for such purpose, (c) to prepare, execute and fIle or record fmancing statements, contmuatlOn statements and apphcatlOns for regIstratIOn necessary to create, perfect or preserve Beneflcl3ry's secunty mterests and nghts m or to any of the collateral, and (d) whIle any Event of Default eXIsts, to perform any oblIgatIOn of Grantor hereunder, however (1) BenefICIary shall not under any cIrcumstances be oblIgated to perform any oblIgatIOn of Grantor, (2) any sums advanced by Beneficiary m such performance shall be added to and mcluded m the ObligatIOns and shall bear mterest at the mterest rate applicable to overdue amounts under SectIOn 2 15(c) ofthe Credit Agreement, (3) Beneficiary as such attorney-m-fact shall only be accountable for such funds as are actually rece! ved by Beneficiary, and (4) Beneficiary shall not be lIable to Grantor or any other person or entlty for any faJiure to take any actIOn that It IS empowered to take under this Section 8 4 Successors and Assigns This Deed of Trust shall be bmdmg upon and mure to the benefit of Beneficiary and Grantor and their respective successors and assigns Grantor shall not, Without the pnor wntten consent of Beneficiary, assign any nghts, dutles or obligatIOns hereunder 8.5 No Waiver. Any failure by Trustee or Beneficiary to mSlst upon stnct performance __ of any of the terms, provIsIOns or conditIOns of the Loan Documents shall not be deemed ..., to be a waiver of same, and Trustee or Beneficiary shall have the nght at any time to mSlst crt _ upon stnct performance of all of such terms, provIsions and conditIOns. <::> = ...... ~ SubrogatIOn To the extent proceeds of the Note have been used to extmgUlsh, extend or renew any mdebtedness against the Mortgaged Property, then Beneficiary shall be subrogated to all of the nghts, hens and mterests eXlstmg agamst the Mortgaged Property and held by the holder of such mdebtedness and such former nghts, lIens and mterests, If any, are not waived, but are contmued m full force and effect m favor of Beneficiary. Jl..l Credit Agreement. If any conflict or Illconslstency eXists between thiS Deed of Trust and the Credit Agreement, the Credit Agreement shall govern tl Release Upon payment m full of the Obligations, the termmatlOn or expiratIOn of all Commitments (as defmed m the Credit Agreement), and provided that no Letter of Credit (as defmed III the Credit Agreement) shall be outstandmg, Beneficiary, at Grantor's expense, shall release the liens and secunty mterests created by thiS Deed of Trust or, at Grantor's request (but at no cost to Beneficiary) assign thiS Deed of Trust to a party designated by Grantor. 89 Waiver of Stav. Moratonum and SlmJiar Rights. Grantor agrees, to the full extent that It may lawfully do so, that It will not at any tlme mSlst upon or plead or m any way take advantage of any appraisement, valuation, stay, marshallmg of assets, extensIOn, redemptIOn or moratonum law now or hereafter m force and effect so as to prevent or hmder the enforcement of the proVISIOns of thiS Deed of Trust or the mdebtedness secured hereby, or any agreement between Grantor and Beneficiary or any nghts or remedies of Beneficiary 8 10 LimitatIOn on Liability Grantor's lIability hereunder IS subject to and limited by the exculpatory proVISIOns of the Credit Agreement <=:> = ...... 8 11 Obligations of Grantor, JOint and Several If more than one person or entIty has executed thIS Deed of Trust as "Grantor," the obligatIOns of all such persons or entities hereunder shall be Jomt and several 8.12 GovernlngLaw ThIS Deed of Trust shall be governed by the laws of the State In whIch the Land IS located 8.13 Headings. The ArtIcle, Section and SubsectIOn titles hereof are Inserted for convemence of reference only and shall In no way alter, modIfy or defme, or be used In construing, the text of such ArtIcles, SectIOns or SubsectIOns 8 14 Entire Agreement ThIS Deed of Trust and the other Loan Documents embody the entIre agreement and understandIng between BenefICIary and Grantor and supersede all pnor agreements and understandings between such partIes relatIng to the subject matter hereof and thereof AccordIngly, the Loan Documents may not be contradIcted by eVIdence of pnor, contemporaneous or subsequent oral agreements of the partIes There are no unWrItten oral agreements between the partIes 8 15 Non-Agncultural Purpose. THE MORTGAGED PROPERTY IS NOT USED PRINCIP ALLY FOR AGRICULTURAL PURPOSES. eN <::::> ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND , ~ CREDIT OR TO FORBEAR FROM ENFORCING REP A YMENT OF A DEBT ARE NOT ENFORCEABLE UNDER W ASHINGTON LAW = = -or IN WITNESS WHEREOF, the parties hereto have executed this Deed of Trust as of the date first above wntten EASTGATE T~~(E>J~ By. ______ ~~~~~-------- Name Title Peter randow V I CB 'P~cO.s I Dc:!' tOT <=> = ..... = tTl <=> "'" <=> <=> CN STATE OF pjRuJ roM. ) COUNTY OF A)t?J}Yn2K ) ) ) ss ) I certIfy that I know or have satisfactory eVIdence that Peter Brandow IS the person who appeared before me, and saId person acknowledged that he/she sIgned thIs Instrument, on oath stated that he/she IS authonzed to execute the mstrument and acknowledged It as the \] tCL ?(CS1Jtr>~ of f4 \~ ... \e. 1h...t-r .. , L". to be hIs/her free and voluntary act of such partieS for the uses and purposes mentIOned m thIs mstrument DATED Jhr/o'C ~':! (l; ~ NOT AR Y PUBLIC for the State of ______ , resldmg at My appomtment explfes KATHLEEN T CASEY Notary Public, State 01 New Vork No 4840674 QualifIed to Westchester County eoCertlllCate Flied In New York County k! / mmlSSlon expires January 27,20 !b <::) cry <::> EXHIBIT A Legal Description LOT 3 OF BURLINGTON NORlliERN BINDING SITE PLAN (BSP-014-92), ACCORDING TO PLAT RECORDED IN VOLUME 161 OF PLATS AT PAGES 8 lliROUGH 11, UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON, EXCEPT lliAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN LYING NORlli OF A LINE DESCRIBED AS FOLLOWS COMMENCING AT A POINT ON lliE EASTERLY LINE OF LOT 3 lliAT IS 23.80 FEET SOUlli OF lliE NORlliEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; lliENCE NORlli 88'09'51" WEST A DISTANCE OF 87552 FEET, MORE OR LESS, TO A POINT ON TIffi WESTERLY LINE OF SAID LOT 3 AND lliE TERMINUS OF lliIS DESCRIPTION, SAID POINT OF TERMINUS BEING 8088 FEET SOUlli OF lliE ORIGINAL NORlliWEST CORNER OF LOT 3, (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006.) 480870 Renton East Valley Seattle, WA When Recorded Return To. KevmOhver Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, SUIte 3400 Los Angeles, CA 90071 20040823001359.001 IIII Please print or type information WASHINGTON STATE RECORDER'S COVER SHEET (RCW 65 04) Document Tltle(s) (or transactions contained therein) (all areas applicable to your document must be filled In) g"llio'i C0 1 Assignment of Beneficiary's Interest 2. 3 1ST AM 4 ~erence Number(s) of Documents assigned or released ~oolqqL-/ Additional reference numbers on paQe no of document Grantor(s) (Last name first, then first name and Initials) 1 Eastgate Theatre, Inc. I Addilional names on paae no of document Grantee(s) (Last name first, then first name and Initials) 1 (Trustee) First American Title Insurance Company 2 (Assignor/Beneficiary) Lehman Commercial Paper Inc. I Additional names on paae no of document Legal Descnptlon (Abbreviated Ie, lot, block, plat or section, township, range) ilt 3, Burlington Northern BSP, Rec. 9206302696 Addilional legal on paae no of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 r=r Assessor's Property Tax Parcel/Account Number not yet assigned The Auditor/Recorder Will rely on the information provided In the form The staff Will not read the document to venfv the accuracy or completeness of the Indexlno Informallon provided herein \\\DC _ 90810/0017 -193]529 v2 As.ngnment _ Washmgton (J36) East Valley i3 20040823001359.002 THIS Assignment of Beneficiary's Interest (thiS "Assignment") IS executed as of :rlll~ ~ -' 2004 by LEHMAN COMMERCIAL PAPER INC , a New York corporatw~ as Assignor, whose address IS 745 Seventh Avenue, 8th Floor, New York, NY 10019 ("ASSignor"), m favor of CREDIT SUISSE FIRST BOSTON, actmg through ItS Cayman Islands Branch, as ASSignee, whose address is 11 Madison Avenue, New York, NY 10010-3629 ("ASSignee") RECITALS WHEREAS, that certam Credit Agreement dated as of January 29, 2002 was entered mto by and among Regal Cmemas CorporatIOn and Regal Cmemas, Inc., as borrower ("Grantor"), the Several Lenders from time to tIme party thereto; Lehman Brothers, Inc as sole advisor, sole lead arranger and sole book manager, Lehman CommerCial Paper Inc., as admmlstratlve agent; and the other Agents referred to therem (the "Ongmal Credit Agreement"), WHEREAS, that certam Guarantee and Collateral Agreement dated as of January 29, 2002 was entered mto by and among Regal Cinemas CorporatIon, Regal Cmemas, Inc and each of the Guarantors (as defined therem) (the "Onginal Guarantee and Collateral Agreement"), WHEREAS, pursuant to the terms of the Ongmal Credit Agreement, Grantor did grant to First Amencan Title Insurance Company, as Trustee (the "Trustee"), whose address IS 401 E. Corporate Dnve, Suite 100, LeWISVille, Texas 75057, for the benefit of ASSignor that certam Deed of Trust, ASSignment of Leases and Rents, Secunty Agreement and Fixture Flimg (the "Ongmal Deed of Trust") upon the Mortgaged Property, as defined therem, which Ongmal Deed of Trust was recorded m the land records of that certam JunsdlCtlOn withm whICh the Mortgaged Property IS located, which recordmg mformatlOn IS set forth m Exhibit A attached hereto and made a part hereof; WHEREAS, the Ongmal Credit Agreement was amended and restated (a) pursuant to that certam Amended and Restated Credit Agreement dated as of August 12,2002 (the "FITSt Amendment"), (b) agam pursuant to that certam Second Amended and Restated Credit Agreement dated as ofJune 6, 2003 (the "Second Amendment"), (c) agam pursuant to that certam Third Amended and Restated Credit Agreement dated as of August 27, 2003 (the "Third Amendment") and (d) again pursuant to that certam Fourth Amended and Restated Credit Agreement dated as of May 10, 2004 (the "Fourth Amendment"), wherem Assignee did assume the role of Arranger and Admmlstratlve Agent for the Lenders thereunder; WHEREAS, the Onginal Guarantee and Collateral Agreement was amended pursuant to that certam (a) ConfirmatIOn and Amendment Agreement dated as of August 12,2002 (the "First Guarantee Amendment"); (b) agam pursuant to that certam ConfirmatIon and Amendment to Guarantee and Collateral Agreement dated as of June 6, 2003 (the "Second Guarantee Amendment"), (c) agam pursuant to that certam ConfirmatIOn and Amendment to Guarantee and Collateral Agreement dated as of August 27, 2003 (the "Third Guarantee Amendment") and (d) again pursuant to that certam Amended and Restated Guarantee and Collateral Agreement dated as of May 10,2004 (the "Fourth Guarantee Amendment"); -2- \\\DC -90810/0017. 1931529 v2 ASSlgnment·-Washmgton (136) East Valley 13 20040823001359.003 WHEREAS, Assignor hereby deslfes to assign, convey, transfer and sell to Assignee, ItS successors and assigns all of Assignor's right, title and mterest m the Origmal Deed of Trust, without recourse NOW THEREFORE, for Ten Dollars ($10 00) and other good and valuable consideration, the receipt and suffiCiency of which are hereby acknowledged, and m consideratIOn of the mutual covenants herem set forth, ASSignor hereby agrees as follows. I The foregomg recitals to thiS Amendment are hereby mcorporated in and made a part ofthls Amendment to the same extent as If set forth m full herem. 2 ASSignor agrees to, and does hereby assign, convey, transfer and sell to ASSignee, its successors and assigns all of Assignor's nght, title and mterest m the Origmal Deed of Trust, Without recourse. 3. ThiS ASSignment shall be governed by the laws ofthe state m which the Mortgaged Property IS located. 4 Non-Aencultural Puroose. THE MORTGAGED PROPERTY IS NOT USED PRINCIP ALLY FOR AGRICULTURAL PURPOSES. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) -3- \\\DC 9081010017.1931529 v2 ASSlgmn~nt Washmgton (J36) East Valley 13 IN WITNESS WHEREOF, AssIgnor has executed thIS AssIgnment as of the date first above wntten. WITNESSED \\\DC 90810/00)7 1931529'12 ASSIgnment. Washmgton (136) East Valley]3 ASSIGNOR. LEHMAN COMMERCIAL PAPER INC ~:n.~ iJ TItle. At:!' . '" (11011,,(;0 01gnatory -4- 20040823001359.004 NEW YORK STATE OF _____ ---.J) ) COUNTY OF ~IEW YORK ) ss· ) ) 20040823001359.005 I certify that I know or have satIsfactory eVIdence that FRANCIS CHANG IS the person who appeared before me, and saId person acknowledged that slhe sIgned thIs Instrument, on oath stated that slhe IS authonzed to execute the mstrument and acknowledged It as the Vice President of Lehman CommercIal Paper Inc. to be hlslher free and voluntary act of such parties for the uses and purposes mentIOned m this instrument DATED ~ 2-2-;, J-<JV Y -5- \\\DC. 90810/0017. 1931529 v2 Asslgnment-Washmgton (136) East Valley 13 Pnnt Name: NELVADIA HATCHER NOTARY PUBLIC for the State of _-=..."-_--,,,.,,' resldmg at 7 r 7 14 /M, A/tw JIb fL, £VltTtJl9 , . My appomtment expIres, EXHIBIT A Deed of Trust Recordmg Information The Ongmal Deed of Trust, whIch was recorded 3/4/02, under Recordmg Number20020304001994, OfficIal Records ofKmg County, Washmgton -6- \\\DC 90310/0017 1931529 v2 ASSIgnment Washmgton (136) East Valley 13 20040823001359.006 When Recorded Return To' KevmOhver Skadden, Arps, Slate, Meagher & Flom LLF 300 South Grand Avenue, SUite 3400 Los Angeles, CA 90071 FIRST AMERICAN MDT PAGE001 OF 011 08/23/2004 II 46 KING COUNTY, WA 20040823001360.001 I Please print or type information WASHINGTON STATE RECORDER'S COVER SHEET (RCW 65 04) Document Title(s) (or transactions contained therein) (all areas applicable to your document must be filled In) 8In5~® 1 Amendment to Deed of Trust 2 1ST AM 3 4 nerence Number(s) of Documents assigned or released ;:x::o:J03Y-/OO I Dflt-f Additional reference numbers on page no of document Grantor(s) (Last name first, then first name and Inillals) 1 Eastgate Theatre, Inc. ~ Additional names on pace no of document Grantee(s) (Last name first, then first name and Initials) 1 (Trustee) First American Title Insurance Company 2. (Beneficiary) Credit Suisse First Boston, acting through its Cayman ISlands Branch I Addilional names on page no of document Legal Descrlpllon (Abbreviated Ie, lot. block, plat or section, township, range) 4t 3, Burlington Northern BSP, Rec. 9206302696 Additional legal on ~e no of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 ~. Assessor's Property Tax Parcel/Account Number not yet aSSigned The Auditor/Recorder Will rely on the Information provided In the form The staff Will not read the document to verify the accuracy or completeness of the IndeXing Information provided herein \\\DC _ 90810/0017 \935654 v2 Amend -Washmgton (136) East Vallcy 13 20040823001360.002 THIS Amendment to Deed of Trust, Assignment of Leases and Rents, Secunty Agreement and Fixture Filmg, (this "Amendment") IS executed as of J U \ a ~, 2004 by EASTGATE THEATRE, INC., an Oregon corporatIOn ("Grantor") whose a dress IS c/o Regal Cmemas, Inc, 7132 Mike Campbell Dnve, Knoxville, TN 37198 to FIRST AMERICAN TITLE INSURANCE COMPANY, Trustee ("Trustee"), whose address IS 401 E. Corporate Dnve, SUite 100, Lewisville, Texas 75057, for the benefit of CREDIT SUISSE FIRST BOSTON, actmg through ItS Cayman Islands Branch ("Beneficiary"), as Arranger and Admmlstralive Agent for the Lenders under the Credit Agreement more fully descnbed and defined below, whose address IS 11 Madison Avenue, New York, NY 10010-3629 RECITALS WHEREAS, that certam Credit Agreement dated as of January 29,2002 was entered mto by and among Regal Cmemas CorporatIOn and Regal Cmemas, Inc, as borrower, the Several Lenders from lime to time party thereto; Lehman Brothers, Inc. as sole adVisor, sole lead arranger and sole book manager; Lehman CommerCial Paper Inc , as admmlstralive agent ("Assignor"), and the other Agents referred to therein (the "Ongmal Credit Agreement"); WHEREAS, that certam Guarantee and Collateral Agreement dated as of January 29, 2002 was entered mto by and among Regal Cmemas CorporatIOn, Regal Cmemas, Inc. and each of the Guarantors (as defined therem) (the "Ongmal Guarantee and Collateral Agreement"); WHEREAS, pursuant to the tenns of the Ongmal Credit Agreement, Grantor did grant to Trustee, for the benefit of ASSignor that certam Deed of Trust, Assignment of Leases and Rents, Secunty Agreement and Fixture FIlmg (the "Ongmal Deed of Trust") upon the Mortgaged Property, as defined therem, which Original Deed of Trust (1) was recorded m the land records of that certam Junsdiction wlthm whICh the Mortgaged Property IS located, which recordmg mfonnation is set forth m Exhibit A attached hereto and made a part hereof and (2) encumbers, mter alia, the real property descnbed m Exhibit A attached hereto and made a part hereof, WHEREAS, the Ongmal Credit Agreement was amended and restated (a) pursuant to that certam Amended and Restated Credit Agreement dated as of August 12,2002 (the "First Amendment"), (b) agam pursuant to that certam Second Amended and Restated Credit Agreement dated as of June 6, 2003 (the "Second Amendment"), (c) agam pursuant to that certam Third Amended and Restated Credit Agreement dated as of August 27, 2003 (the "Third Amendment") and (d) agam pursuant to that Fourth Amended and Restated Credit Agreement dated as of May 10,2004 (the "Fourth Amendment"); WHEREAS, the Ongmal Guarantee and Collateral Agreement was amended pursuant to that certam (a) ConfinnatlOn and Amendment Agreement dated as of August 12, 2002 (the "FIrSt Guarantee Amendment"), (b) agam pursuant to that certain ConfinnatlOn and Amendment to Guarantee and Collateral Agreement dated as of June 6, 2003 (the "Second Guarantee Amendment"), (c) agam pursuant to that certam Confinnation and Amendment to Guarantee and Collateral Agreement dated as of August 27, 2003 (the "Third Guarantee Amendment") and -2- \\\DC _ 90810/0017 -1935654 v2 Amend -Washington (\36) East Valley 13 20040823001360.003 agam pursuant to that certam Amended and Restated Guarantee and Collateral Agreement dated as of May 10, 2004 (the "Fourth Guarantee Amendment"); and WHEREAS, pursuant to the ASSignment of BenefiCiary's Interest (the "Assignment"), dated as of , 2004, ASSignor did assign, convey, transfer and sell to BenefiCiary, ItS successors and assigns all of ASSignor's nght, title and interest m the Ongmal Deed of Trust, without recourse; WHEREAS, Grantor and Trustee and BenefiCiary hereby deSire to amend the Ongmal Deed of Trust in order to amend certam defined terms and to proVide notice of record (a) of the eXistence of the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the First Guarantee Amendment, the Second Guarantee Amendment, the Third Guarantee Amendment and the Fourth Guarantee Amendment and (b) that the Onginal Deed of Trust now secures the Obhgations under and as defined m the Fourth Amendment, as It may be amended, modified, restated, consohdated, extended, renewed and replaced from time to time. NOW THEREFORE, for Ten Dollars ($10 00) and other good and valuable consideratIOn, the receipt and sufficiency of which are hereby acknowledged, and m consideratIOn of the mutual covenants herem set forth, the parties hereto agree to amend the Ongmal Deed of Trust as follows: 1. The foregomg recitals to thiS Amendment are hereby incorporated in and made a part of thiS Amendment to the same extent as If set forth in full herem 2 Wherever used m the Origmal Deed of Trust or hereafter m thiS Amendment, the term "Credit Agreement" means the Fourth Amendment, as It may be amended, modified, restated, consohdated, extended, revised or replaced from time to time. 3 The term "Guarantee and Collateral Agreement" means the Ongmal Guarantee and Collateral Agreement, as amended by the First Guarantee Amendment, the Second Guarantee Amendment, the Third Guarantee Amendment and the Fourth Guarantee Amendment, as It may be further amended, modified, restated consohdated, extended, revised or replaced from time to time. 4. The parties hereto acknowledge and agree that the amendments made by this Amendment are m no way intended, nor shall they be deemed to modify, alter or change the pnonty of the hen of the Ongmal Deed of Trust The Ongmal Deed of Trust, as hereby amended, IS hereby ratified and confirmed m all respects From and after the date hereof, (a) the term Mortgage, as such term IS used m the Fourth Amendment, shall be deemed to mclude thiS Amendment, and (b) the term "Deed of Trust" as such term IS used m the Ongmal Deed of Trust shall mean the Ongmal Deed of Trust as amended by thiS Amendment 5 The partIes acknowledge that the Trustee IS executmg thIS Amendment for the sole purpose of consentmg to the terms hereof. -3- \\\DC 90S10fOO17 \935654 v2 Amend -Washmgton (J36) East Valley \3 20040823001360.004 6 ThIs Amendment may be executed m any number of multIple counterparts, each of whIch shall be deemed an ongmal and all ofwhlCh, when taken together, shall constItute one and the same mstrument. 7. ThIS Amendment shall be governed by the laws ofthe state m WhICh the Mortgaged Property is located 8. Non-Agricultural Purpose THE MORTGAGED PROPERTY IS NOT USED PRINCIP ALLY FOR AGRICULTURAL PURPOSES ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REP A YMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -4- \\\DC _ 90810/0017. 1935654 v2 Amend -Washmgton (\36) East VaHey \3 20040823001360.005 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as ofthe date first above wntten Witnessed. [By· --------------------Narne: _________________ _ By. _________ __ Narne: __________________ _ \\\DC _ 9081OfOO!7 1935654 v2 Amend -Washmgton (136) East Valley 13 GRANTOR: EASTGATE THEATRE, INC TRUSTEE. By: __________________ _ Narne: _________________ __ BENEFICIARY: CREDIT SUISSE FIRST BOSTON, actmg through Its Cayman Islands Branch, as Arranger and Admlmstratlve Agent By· _________ _ Name: _________________ __ Tltle: ___________________ _ -5- 20040823001360.006 IN WITNESS WHEREOF, the parties hereto have executed thiS Amendment as of the date first above wntten Witnessed By. ________ _ Name ________________ _ [By ________________ _ Name. __________________ _ BY.~~~ N~ ;ACQUELINE CAINES \\\OC. 90810/00[7 _ 1935654 v2 Amend -Washington (136) East Vaney 13 GRANTOR EASTGATE THEATRE, INC By __________ ,(Seal) Name __________________ _ Tltle· ____________________ _ TRUSTEE: By. _________ __ Name __________________ _ BENEFICIARY: CREDIT SUISSE FIRST BOSTON, actmg through ItS Cayman Islands Branch, as Arranger and AdmmlstratlVe Agent By: (~ Name' ~DALY Title: DIRECTOR -5- ~ Ct9S£LNDRA DOGAN ASSOCIATE STATE OF Tml1eK-&e) COUNTY OF tin oX-) ) ) ss: ) 20040823001360.007 I certify that I know or have satisfactory eVidence that fef-evitv4J1dtJlA.J is the person who appeared before me, and said person acknowledged that s/he signed this mstrument, on oa stated t at s/he IS authonzed to execute the mstrument and acknowledged It as the _--'-.L-'>""'""c.......!~Y"i'--"er"-'-' ·-"~.:...=."'-"..!..r of Eastgate Theatre, Inc to be hls/her free and voluntary act of such parties for the uses and purposes mentIOned m this mstrument. My appomtInent ~plres: 2 Ii Of -6- \\\DC 90810/0017 1935654 v2 Amend -Washmgton (136) East Vaney IJ 20040823001360.008 STATEOF ______ ) ) ) ss COUNTY OF ____ --') ) I certify that I know or have satisfactory eVidence that IS the person who appeared before me, and said person acknowledged that slhe signed this mstrument, on oath stated that slhe is authorized to execute the mstrument and acknowledged It as the Trustee to be hlslher free and voluntary act of such parties for the uses and purposes mentIOned m this mstrurnent. DATED. _____ _ -7- \\\DC -90810/0017 _ 1935654 v2 Amend-Washmgton (136) East Valley \3 Pnnt Name·=:-:c-:c=:--:--::--:: __ -:-__ _ NOTARY PUBLIC for the State of _______ , resldmg at My appomtment expires· STATE OF NGW YOIllL ) COUNTY OF N81N L10u.. ) ) ) ss. ) 20040823001360.009 (d, I /.J.... OIJ>ftl-,-( I certify that I know or have satisfactory eVidence that ~."J)/UJ om.fM) IS the person who appeared before me, and said person acknowledged that s/he signed this mstrument, on oath stated that s/he IS authonzed to execute the Instrument and acknowledged It as the g! ,fL-Cl-A-sSOc.... of Credit SUisse First Boston to be hls/her free and voluntary act of such parties for the uses and purposes mentIOned In thiS mstrument DATED "J"u.I...Y 7, d-O~ N MARJORIE E BULl olary ~Ubhc. State' of New Yi rk QuaMI o. 01 BU6055282 0 CommIssIon 1&~1r~:1eYibork County .,,-1 ruary 20. 20~ \\\DC _ 90810/0017 _ ]935654 v2 Amend -Washmgton (\36) East Valley 13 -8- Pnnt Name mflfl.:.IV/t.lra fa • 6th / NOTARY PUBLIC for the State of /\lew I..folllc.. , reSidIng at NI::='W YoA...IL . NeW YoIlK..-. My appoIntment expires EXHIBIT A Legal Description The Legal DescnptlOn appears on the subsequent page Deed of Trust Recordmg InformatIOn The Ongmal Deed of Trust, which was recorded 3/4/02, under Recordmg Number20020304001994, Official Records ofKmg County, Washmgton. -9- \\\DC 90810/0017 1935654v2 Amend-Washmgton(136)EastVallcy13 20040823001360.010 20040823001360.011 EXHIBIT A Legal Description LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92), ACCORDING TO PLAT RECORDED IN VOLUME 161 OF PLATS AT PAGES 8 THROUGH 11, UNDER RECORDING NO. 9206302696, IN KING COUI\'TY, WASHINGTON; EXCEPT THAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 FEEf SOUTH OF THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88°09'51" WEST A DISTANCE OF 87552 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006.) 480870 Renton East VaHey Seattle, WA , AFTER RECORDING MAIL TO: Name Skadden, Arps, Slate, Meagher & Flom LLP Address 300 South Grand Avenue, Suite 3400 City/State Los Angeles, CA 90071 Attn: Christina Schmidt 20110422000786.001 ---- Document TitIe(s): (or transactions contained herein) 1. SECOND AMENDMENT TO DEED OF TRUST ~ First American Title '(JI' Insurance Company Reference Number(s) of Documents assigned or released: 20020304001994 Grantor(s): (Last name first, then first name and Initials) I. EASTGATE THEATRE, INC. Grantee(s): (Last name first, then first name and initials) lSlA~ ;1/[1 -# £;77171 /1/AJY (this space/or title company lise only) 1. FIRST AMERICAN TITLE INSURANCE COMPANY 2. CREDIT SUISSE AG, ACTING THROUGH ITS CAYMAN ISLANDS BRANCH Abbreviated Legal Description as follows: (i.e. lotlblocklplat or sectionltownship/range/quarter/quarter) LOT 3, BURLINGTON NORTHERN BSP, REC. 9206302696 Assessor's Property Tax ParceUAccount Number(s): 125360-0030-03 I AM REQUESTING AN EMERGENCY NONSTANDARD RECORDING FOR AN ADDITIONALFEE AS PROVIDED IN RCW 36.18.010. I UNDERSTAND THAT THE RECORDING PROCESSING REQUIREMENTS MAY COVER UP OR OTHERWIST OBSCURE SOME PART OF THE TEXT OR THE ORIGINAL DOCUMENT. When Recorded Return To: Christina Schmidt Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 20110422000786.002 Please print or type information WASHINGTON STATE RECORDER'S COVER SHEET (RCW 65 04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Second Amendment to Deed of Trust. The Deed of Trust was recorded under Recording Number , Official Records of King County, Washington, as amended by Amendment to Deed of Trust, which was recorded Recording Number , Official Records of King County, Washington. ~erence Number(s) of Documents assigned or released Additional reference numbers on page no. of document Grantor(s) (Last name first, then first name and initials) 1. Eastgate Theatre, Inc. I Additional names on page no. of document Grantee(s) (Last name first, then first name and initials) 1. (Trustee) First American Title Insurance Company 2. (Beneficiary) Credit Suisse AG, acting through Its Cayman Islands Branch n Additional names on page no. of document Legal Description (Abbreviated: i.e., lot, block, plat or section, township, range) nt 3, Burlington Northern BSP, Rec. 9206302696 Additionalleaal on oaae no. of document Assessor's Property Tax Parcel/Account Number 125360-0030-03 Il-Assessor's Property Tax Parcel/Account Number not yet assigned The Auditor/Recorder will rely on the information provided in the fonn. The staff will not read the document to verify the accuracy or completeness of the indexing infonnation provided herein. \\\DC • 0901 l0I()()0042· 1915654 v5 Amend -WuhingtQn (136) East Valley IJ 64SI71.01-Los Angeles Server 2A -MSW: , under , 20110422000786.003 THIS Second Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, (this "Amendment") is executed as of 1\9f\\ ~, 2011 by EASTGA TE THEATRE, INC., an Oregon corporation ("Grantor") whose address is c/o Regal Cinemas, Inc., 7132 Regal Lane, Knoxville, TN 37198 for the benefit of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (formerly known as Credit Suisse First Boston), as Administrative Agent ("Beneficiary") for the Lenders under the Credit Agreement more fully described and defined below, whose address is 11 Madison Avenue, New York, NY 10010- 3629. RECITALS WHEREAS, that certain Credit Agreement dated as of January 29, 2002 was entered into by and among Regal Cinemas Corporation and Regal Cinemas, Inc., as borrower, the Several Lenders from time to time party thereto; Lehman Brothers, Inc. as sole advisor, sole lead arranger and sole book manager; Lehman Commercial Paper Inc., as administrative agent ("Assignor"), and the other Agents referred to therein (the "Original Credit Agreement"); WHEREAS, that certain Guarantee and Collateral Agreement dated as of January 29, 2002 was entered into by and among Regal Cinemas Corporation, Regal Cinemas, Inc. and each of the Guarantors (as defined therein) (the "Original Guarantee and Collateral Agreement"); WHEREAS, pursuant to the terms of the Original Credit Agreement, Grantor did grant for the benefit of Assignor that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (as the same has been amended from time to time, the "Deed of Trust") upon the Mortgaged Property, as defined therein, which Deed of Trust (I) was recorded in the land records of that certain jurisdiction within which the Mortgaged Property is located, which recording information is set forth in Exhibit A attached hereto and made a part hereof and (2) encumbers, inter alia, the real property described in Exhibit A attached hereto and made a part hereof; WHEREAS, the Original Credit Agreement was amended and restated (a) pursuant to that certain Amended and Restated Credit Agreement dated as of August 12, 2002 (the "First Amendment"); (b) again pursuant to that certain Second Amended and Restated Credit Agreement dated as of June 6, 2003 (the "Second Amendment"), (c) again pursuant to that certain Third Amended and Restated Credit Agreement dated as of August 27, 2003 (the "Third Amendment"), (d) again pursuant to that certain Fourth Amended and Restated Credit Agreement dated as of May 10,2004 (the "Fourth Amendment"), (e) again pursuant to that certain Fifth Amended and Restated Credit Agreement dated as of October 27, 2006 (as amended by the First Amendment, dated as of January 20, 2009) (the "Fifth Amendment"), (t) again pursuant to that certain Sixth Amended and Restated Credit Agreement dated as of May 19,2010 (the "Sixth Amendment"), and (g) again pursuant to that certain Permitted Secured Refinancing Agreement dated as of February 23, 2011 (the "February 2011 Supplement"); WHEREAS, the Original Guarantee and Collateral Agreement was amended pursuant to that certain (a) Confirmation and Amendment Agreement dated as of August 12,2002 (the "First \\\DC. 0908 11lr'OOOO42· 19156S4 vS Amend -Wuhlngton (1J6) EuI Vdley 1] 645111.01-Los Angeles Server 2A -MSW -2- 20110422000786.004 Guarantee Amendment"); (b) again pursuant to that certain Confirmation and Amendment to Guarantee and Collateral Agreement dated as of June 6, 2003 (the "Second Guarantee Amendment"), (c) again pursuant to that certain Confirmation and Amendment to Guarantee and Collateral Agreement dated as of August 27, 2003 (the "Third Guarantee Amendment"), (d) again pursuant to that certain Amended and Restated Guarantee and Collateral Agreement dated as of May 10,2004 (the "Fourth Guarantee Amendment"), and (e) again pursuant to that certain Second Amended and Restated Guarantee and Collateral Agreement dated as of May 19,2010 (the "Fifth Guarantee Amendment"); WHEREAS, the Deed of Trust was amended pursuant to that certain Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of July 8, 2004 (the "First Mortgage Amendment"), which First Mortgage Amendment (I) was recorded in the land records of that certain jurisdiction within which the Mortgaged Property is located, which recording information is set forth in Exhibit A attached hereto and made a part hereof and (2) encumbers, inter alia, the real property described in Exhibit A attached hereto and made a part hereof; WHEREAS, pursuant to the Assignment of Beneficiary's Interest (the "Assignment"), dated as of July 8, 2004, Assignor did assign, convey, transfer and sell to Beneficiary, its successors and assigns all of Assignor's right, title and interest in the Deed of Trust, without recourse; and WHEREAS, Grantor and Beneficiary hereby desire to amend the Deed of Trust in order to amend certain defined terms and to provide notice of record (a) of the existence of the Fifth Amendment, the Sixth Amendment, the Fifth Guarantee Amendment and the February 2011 Supplement and (b) that the Deed of Trust now secures the Obligations under and as defined in the February 2011 Supplement, as it may be amended, modified, restated, consolidated, extended, renewed and replaced from time to time. NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants herein set forth, the parties hereto agree to amend the Deed of Trust as follows: 1. The foregoing recitals to this Amendment are hereby incorporated in and made a part of this Amendment to the same extent as if set forth in full herein. 2. Wherever used in the Deed of Trust or hereafter in this Amendment, the term "Credit Agreement" means the Sixth Amendment, as amended by the February 2011 Supplement, as it may be further amended, modified, restated, consolidated, extended, revised or replaced from time to time. 3. The term "Guarantee and Collateral Agreement" means the Original Guarantee and Collateral Agreement, as amended by the First Guarantee Amendment, the Second Guarantee Amendment, the Third Guarantee Amendment, the Fourth Guarantee Amendment and the Fifth Guarantee Amendment, as it may be further amended, modified, restated consolidated, extended, revised or replaced from time to time. \\IDe· 090810I000042 . 19)5654 v5 Amend -Washington (136) East Valley 13 64SI71.01-Los Angeles Server 2A -MSW -3- 20110422000786.005 4. The term "Lien" shall be added as a defined term in Section I of the Deed of Trust and shall mean any lien, mortgage, pledge, assignment, hypothecation, claim, restriction, security interest, fixed or floating charge, or encumbrance of any kind (including any agreement to give any of the foregoing, any conditional sale or other title retention agreement, and any lease in the nature thereof) and any option, trust or other preferential arrangement having the practical effect of any of the foregoing. 5. The term "Mortgaged Property" shall exclude all personal property that is excluded under Section 3.2 of the Guaranty and Collateral Agreement from the security interest granted pursuant to Section 3.1 of the Guaranty and Collateral Agreement, but solely as and to the extent of such exclusion under such Section 3.2. 6. The term "Permitted Encumbrances" shall having the meaning given to the term Permitted Liens in the Credit Agreement. 7. The word "liens" in Section 3.1 of the Deed of Trust shall be replaced with the defined term "Liens". 8. The text of Section 3.2 of the Deed of Trust shall be deleted in its entirety and replaced with the following: "Grantor shall preserve and protect the first Lien status of this Deed of Trust and, ifany Lien (other than (i) unrecorded Liens permitted under Section 6.3 of the Credit Agreement that arise by operation of law, (ii) other Liens permitted under Sections 6.3(e) and 6.3(i) of the Credit Agreement, and (iii) other Liens which are currently being contested in good faith by appropriate proceedings and where reserves in conformity with GAAP with respect thereto have been provided on the books of Grantor, so long as no foreclosure, sale or similar enforcement proceeding has been commenced in respect thereof) is asserted against a Mortgaged Property, promptly and at its expense, give Beneficiary a detailed written notice of such Lien and, to the extent not constituting a Permitted Encumbrance, pay the underlying claim in full or take such other action so as to cause it to be releaSed or bonded over in a manner satisfactory to Beneficiary. " 9. The phrase "lien(s) and security interest(s)" in Section 3.4 of the Deed of Trust shall be replaced with the defined term "Lien(s)". I O. The phrase "Except as permitted by the Credit Agreement," shall be added at the beginning of the first and second sentences in Section 3.5 of the Deed of Trust. II. The phrase "(but no more frequently than twice during any Fiscal Year and at the sole cost and expense of the Lenders, unless a Default or Event of Default shall have occurred and be continuing)" shall be added at the end of Section 3.6 of the Deed of Trust. 12. The word "lien" and the phrase "lien(s) and security interest(s)" in Section 4.4 of the Deed of Trust shall be replaced with the defined term "Lien(s)". \\\DC . 090810I000042· 19)56S4 vS Amend -Washington (136) East Valley 13 64S171.01·Los Angeles Server 2A • MSW -4- 20110422000786.006 13. The phrase "(excluding alJ personal property that is excluded under Section 3.2 of the Guaranty and ColJateral Agreement from the security interest granted pursuant to Section 3.1 of the Guaranty and ColJateral Agreement, but solely as and to the extent of such exclusion under such Section 3.2)" shall be added to the second sentence in Section 6.1 of the Deed of Trust after the phrase "personal property". 14. The sentence "Notwithstanding anything to the contrary in this Section 6.2, unless otherwise approved by the Grantor (such approval not to be unreasonably withheld), no financing statement or financing statement amendment filed by or on behalf of the Beneficiary shall cover or purport to cover Digital Cinema Equipment (other than Subject Property (as defined in the Guaranty and Collateral Agreement»." shall be added after the first sentence in Section 6.2 of the Deed of Trust. 15. The addresses set forth in Section 7.1 of the Deed of Trust shall be deleted in their entirety and replaced with the following: "If to Grantor, c/o Regal Cinemas Corporation 7132 Regal Lane Knoxville, TN 37918 Attention: Amy E. Miles, CEO Telecopy: (865) 922-3188 Telephone: (865) 925-1123 with a copy to: Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Attention: Gordon C. Wilson, Esq. Telecopy: (202) 637-5910 Telephone: (202) 637-5711 with an additional copy to: Regal Cinemas, Inc. 7132 Regal Lane Knoxville, TN 37918 Attention: General Counsel Telecopy: (865) 922-3188 Telephone: (865) 925-1123 If to Beneficiary, \\\DC. 0908J(WOO042· 19356S4 v5 Amend -Washington (136) Ea3l Valley Il 64S171.01-Los Angeles Server 2A -MSW -5- Credit Suisse AG, Cayman Island Branch II Madison Avenue New York, New York 10010-3629 Attention: Telecopy: Telephone: with a copy to: Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue Los Angeles, California 90071 Attention: David C. Reamer, Esq. Telecopy: (212) 687-5600 Telephone: (213) 687-5000 20110422000786.007 16. The phrase "subject to Section 6.2 hereof," shall be added to the beginning of clause (c) in Section 7.3 of the Deed of Trust. 17. The phrase "liens and security interests" in Section 7.8 of the Deed of Trust shall be replaced with the defined term "Liens". 18. The parties hereto acknowledge and agree that the amendments made by this Amendment are in no way intended, nor shall they be deemed to modify, alter or change the priority of the lien of the Deed of Trust. The Deed of Trust, as hereby amended, is hereby ratified and confirmed in all respects. From and after the date hereof, (a) the term Mortgage, as such term is used in the Sixth Amendment, as amended by the February 2011 Supplement, shall be deemed to include this Amendment, and (b) the term "Deed of Trust" as such term is used in the Deed of Trust shall mean the Deed of Trust as amended by this Amendment. 19. This Amendment may be executed in any number of multiple counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 20. This Amendment shall be governed by the laws of the state in which the Mortgaged Property is located. 21. Non-Agricultural Puroose. THE MORTGAGED PROPERTY IS NOT USED PRINCIP ALLY FOR AGRICULTURAL PURPOSES. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) \\\DC. 090810I000042 -19156S4 vS .... mend -Washington (I 36) EasI Valley I) 645171.01-Los Angeles Server 2A -MSW -6- IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written Witnessed: By: ________________ ___ Name:. __________________ __ By: ________________ _ Name: __________________ _ \\\OC. 090110I'000041· I91S6S<f v$ Amend_ Wuhlnpon (136) EutVaJl.y IJ MSI7) ,OJ·Los Angeles Server2A· MSW GRANTOR: EASTGATE THEATRE, INC. ~~.&) Title: Vice President & Secretary BENEFICIARY: CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: Nam-e-:~B~i~ll~O~'D~ru~y---------- Title: Director By:_-=--:-----:---,::_=-_~ Name: Christopher Reo Day Title: Vice President -7- 20110422000786.008 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written Witnessed: By: ________ _ Name: _________ _ BY:_-,\\..Lll.,r..-.:; Lc...:.,.,.,CV----."'-' __ _ Name:_~. ~'-'-"=---'V_"(;c.:d"_""f.::....>. __ _ By:_~__,._,____,_,CVlv,...__;__- Name:'_-Lk"-'.'Oi.-=-.\)..::Ct!li=&\V=-__ woc-0908101000041·19JS6S4 v5 Amc:ad-W&WlIJ\on (1)6) E= Valky 13 64SI71.0I-Los Angeles Server 2A . MSW GRANTOR: EASTGA TE THEATRE, INC. By: (Seal) Name: Peter B. Brandow Title: Vice President & Secretary BENEFICIARY: CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: e..~~ Name: Bill O'Daly Title: Director By: C /\. Nam'-e:-:::C7'hri-:-' s-t-op-:h-e-r:::R-e-o:::D=-a-y--r 'Title: Vice President -7- 20110422000786.009 STATE OF TENNESSEE ) ) ss. COUNTY OF KNOX ) Before me, the undersigned authority, a Notary Public in and for the State and County aforesaid, personally appeared Peter B. Brandow, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be Vice President and Secretary of Eastgate Theatre, Inc., an Oregon corporation, the within named bargainor, a corporation, and that (s)he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. Witness my hand and official seal at office this I if¥-day of 4(1"( 20Jl. ~S~~ Notary Public My Commission Expires: My commission expires: ____ J_8_n_D_8ry_2_7_, 2_0_1_5 __ 20110422000786.010 STATE OF NEW YORK ) ) SS: COUNTY OF NEW YORK ) I certify that I know or have satisfactory evidence that Bill O'Daly is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Director of Credit Suisse AG, Cayman Islands Branch to be his free and voluntary act of such parties for the uses and purposes mentioned in this instrument. DATED: f?rpt.JL IS" :tOIl I MARJORIE E. BULL Notary Public, State of New York No. 01 BU6055282 Oualified in New York County ..- Commission Expires February 20, 20~ STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) My appointment expires: Dd-.-d-D-l::::- I certify that I know or have satisfactory evidence that Christopher Reo Day is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Vice President of Credit Suisse AG, Cayman Islands Branch to be his free and voluntary act of such parties for the uses and purposes mentioned in this instrument. DATED: ftP/l.dL 15",¢OI\ MARJORIE E. BULL Notary Public, State of New York No. 01 BU6055282 Oualified in New York County __ Commission Expires February 20, 20J:!... \\\OC. O90110100()()t2. 1935654 vS Amend -Wuhington (136) East Valley \) 645171.01·1..0, Angeles Server 2A -MSW -9- Print Narne: tOM;roU6 €l!u lei NOTARY PUBLIC for the State of New York, residing at . N.EW t{oruc..., NEW l(DtUL My appointment expires: o~-;;;D-It;;; 20110422000786.011 20110422000786.012 EXHIBIT A Legal Description The Legal Description appears on the subsequent page. Deed of Trust Recording Infonnation Deed of Trust, which was recorded 3/4/02, under Recording Number2002030400 1994, Official Records of King County, Washington. Amendment to Deed of Trust Recording Infonnation Amendment to Deed of Trust, which was recorded f,/JJ/olf , under Recording NumberJOo'tD!¢30QJJ6()' Official Records of King County; Washington. \\\DC _ 090810I000042 _ 1935654 vS Amend -Washington (\36) East Valley 13 645171.01·Los Angeles Server 2A -MSW -10- 20110422000786.013 EXHIBIT A Legal Description . LOT 3 OF BURLINGTON NORTHERN BINDING SITE Pu.N (BSN114-92), ACCORDING TO PLAT RECORDED IN VOLUME 161 OF PLATS AT PAGES 8 TIlROUGH 11, UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 3 OF SAID BINDING SITE Pu.N LYING NORTII OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAS'IERLY LINE OF LOT 3 THAT IS 23.80 FEEf soum OF TIlE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE Pu.N; TIfENCE NORTII 88·09'51· WEST A DISTANCE OF 875.52 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND TIlE TERMINUS OF TIllS DESCR1P110N, SAID POINT OF TERMINUS BEING 80.88 FEEf soum OF THE ORIGINAL NORTIlWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006.) 480870 Renton East Valley Seattle, WA