HomeMy WebLinkAboutKey exceptions binderDECLARATION OF RESTRICTIVE COVENANTS
WHEREAS. APRRI�,LIIAY?t%h?F '
,
,
are the owners of the following real property in the City of Renton,
ounty of King, State of Washington, described as Exhibit 'A'
1~ a tached hereto.
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O WHEREAS, the owner(s) of said described property desire to
i pose the following restrictive covenants running with the land as
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o use, present and future, of the above described real property.
NOW, THEREFORE, the aforesaid owner(s) hereby establish,
grant and impose restrictions and covenants running with the land
hereinabove described with respect to the use by the undersigned,
their successors, heirs, and assigns as follows:
INSTALLATION OF OFF -SITE IMPROVEMENTS
The owner(S) of the above described property, their suc-
cessors, heirs and assigns, hereby agree and covenant to
participate in, sign a petition in support of, and accept
any future Local Improvement District (LID) or city initia-
ted proposal, and pay their fair share therefore, for the
purposes of providing the necessary off -site improvements
required by the Renton Subdivision Ordinance. Said improve-
ments shall include but may not be limited to the installa-
tion of curbs, gutters, sidewalks, street paving, sanitary
sewers, storm sewers, undergrounding of utilities, and
street lighting.
These Covenants are impose+i in lieu of Section 9-1105(6)
of Title IX of Ordinance N1626 of the City of Renton.
These covenants shall run with the land and expire on
December 32, 2025. If at any time improvements are
installed pursuant to these covenants, the portion of
the covenants pertaining to the specific installed improve-
ments as required by the Ordinances of the City of Renton
small terminate without necessity of further documentation.
Any violation or breach of these restrictive covenants may be
enfcrced by proper legal procedures in the Superior Court of King
County by either the City of Renton or any property owners adjoining
subject property who are adversely affected by said breach.
With Power of Attarnay fox
Morria J. Alhadef£
STATE Of WASHI%GTON�
COUNTY OF KING
On this day of , 19 , before me
personally appeared
,
'
the person(s) who executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and
deed of said person(s) for the uses and purposes therein mentioned.
1N WITNESS WHEREOF, 1 have hereunto Set my 'hand and affived my
official seal the day and year first above written.
Notary u 1ic in and;
5t-ate
of Washington, residing at[..<'`��
nctober 7, W76
EXHIBIT "A"
order No. 425283
DF.SC fl1PTION
That portion of the following described property lying Southerly or the
southerly line of Black ttiver Junction Renton Road;
ALSO KNOWN AS Secondary Highway No. 1-L; That portion of the Southwest
114 of the Northeast 114 and of the Northwest 1)4 of the Southeast 114 of
Section 24. Township 23 North, Range 4 East, W. Ht, , in King Counly
Washington described as follows.'
P— Beginning at the intersection of the Northerly margin of bond issue road
No. 10 "Survey No. 1142" "New South 158rd Street" with the West Boundary
CD of C. P. Hillman's Earlington Gardens Addition to the City of Seattle,
n Volume 17 of Plats. on page 74.
CD Divisiorl NO- 1. as per CD records of King County- plWashing on;ot recorded irunning thence West"Iy, along said
Northerly margin of road, so7 feet to the True Point of Beginning of the
r tract offend herein described;thence continuing Westerly, along said
to Northerly margin. 120 feet; thence at right angles to said Northerly margin
of road; Northerly 715 feet, more or Irgs, to the Southeasterly margin of
the Puget Found FSeclric Railway right-of-way "geattle-H onion Interurban
Right-of-way"; thence Northeasterly, along said Southeasterly margin, to
intersect a line drawn Northerly and at right angles to the Northerly margin
Of Aoki bondti<N'1 Qaid In deaerie d 1� c'h745 feet nnorrTruef oregensinn1ntto thence
Southerly, Flood 6
True Point of Beginning:
AKNOWN AS
n unrecord dplat t lying southerlyGardens.
of Srcondary State Nighway NO- .;
} C1sY'T Portio-1 conveyed to State or Wmdington for hlghwsv purposes by
doed recorded under Auditor's Fite No, 5500257;
Situate in the City of Renton, County of King. Slate of Waalttng►on.
011 mob 0..,
FILED for Record at Req est of
CAG-92-039
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TEST LAIN AGREEMENT
This AGREEMENT is made as of the 2fA day of
1992 by and between The Boeing Commercial
A rplane Company, a division of The Boeing Company, a
Delaware corporation ("Boeing") and the City of Renton, a
Washington municipal corporation ("City").
RECITALS
N1. Boeing is the owner of certain real property
("Property") located in the City of Renton, King County,
Washington, and more particularly described in EXHIBIT A
attached hereto and by this reference made a part hereof.
2. Boeing intends to develop its Customer Service
0, Training Center ("CSTC") on a portion of the Property.
3. The CSTC will include a stream and lake ecosys-
tem ("Stream and Lake System" or "System") designed to
C enhance stormwater runoff quality, wildlife habitat and
campus aesthetics.
I
4. In order to properly design and construct the
Stream and Lake System, it is necessary to construct a
test lake ("Test Lake") on the Property in the approximate
location shown on EXHIBIT B attached hereto and by this
reference made a part hereof. The Test Lake is not part
of the CSTC development program. If the Test Lake demon-
strates that the Stream and Lake System will be successful
and if the CSTC is constructed, the Test Lake will be
subsumed by the System.
5. The Test Lake will be used as a means to gather
information about the soil and groundwater characteristics
of the Property, including, but not limited to, informa-
tion regarding the rates of required make-up water, soil
permeability, infiltration, exfiltration, evaporation,
transpiration, seepage, sedimentation and general appear-
ance.
6. The City has analyzed the environmental impacts
of the Test Lake and has approved its construction,
subject to the terms and conditions set forth in the
TEST LAKE AGREEMENT
103008-03521SS920M.0031
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City's "Determination of Non -Significance --Mitigated
("MDNS"), issued on February 21, 1992.
7. The MDNS requires, in part, that Boeing and the
City agree to a number of procedures regarding (a) the
construction, operation and monitoring of the Test Lake
while in use and (b) the restoration of the Test Lake site
to former conditions should the Test Lake demonstrate that
the Stream and Lake System will be unsuccessful or should
Boeing determine that the CSTC will not be constructed.
AGREEMENT
NOW, THEREFORE, for a good and valuable considera-
tion, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Duration of Test Lake operations: Boeing shall
operate the Test Lake for a maximum period of 18 months
following the day ("Commencement Date") that installation
of the Test Lake is completed and data begins to be
collected from the Test Lake (as such period may be
extended, the "Testing Period"). Boeing shall notify the
Department Administrator of the City's Plan-
ning/Building/Public Works Department of the Commencement
Date no later than five business days following that
event. The foregoing notwithstanding, Boeing may apply to
the City for an extension of the Testing Period, which
extension shall be a maximum of six months from the end of
the initial 18 month period.
j- 2. Coordination witb Storm Drainagr Systems.
O Boeing shall coordinate the operation of the Test Lake
with the operation of any or all storm drainage systems
aC� for the CSTC.
(71 3. Status of Test Lake Upon Completion of Testing
Period. Should the Test Lake (a) demonstrate to Boeing's
satisfaction that the Stream and Lake system will be
successful; (b) demonstrate to the City's satisfaction
that the Stream and Lake System will comply with applica-
ble environmental regulations; and (c) should Boeing
determine that the CSTC will be constructed, the Test Lake
will remain until construction of the System, at which
point the Test Lake will be subsumed by the System.
Alternately, if the Test Lake demonstrates that the Stream
and Lake System should not be used, because (a) Test Lake
data demonstrates that it is infeasible or will not comply
TEST LAKE AGREEMENT
103009-0392/S8920940.0031
PAGE
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with applicable environmental regulations or (b) Boeing
determines that the CSTC will not be constructed, Boeing
will restore the Test Lake site according to the specific
dewatering and restoration plan described below.
4. Restoration Plan. If it is determined according
to the standards set forth in Section 3, above, that the
Stream and Lake System will not be used, Boeing shall
o
submit to the Department Administrator of the City's Plan-
t'
ning/Building/Public Works Department a specific dewater-
"
N
ing and restoration plan for the Test Lake ("Restoration
Plan") within 14 business days of the end of the Testing
_
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Period. The Restoration Plan shall, to the extent possi-
ble, conform to the general outline provided by the
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Conceptual Plan for the Dewatering and Restoration of the
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Test Lake, required by the MDNS and approved by the
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Planning/Building/Public Worker Department on March 12,
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1992. The City shall approve or request revisions of the
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Restoration Plan in a timely manner.
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6. Access. Boeing shall permit the City reasonable
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access to the Property for the sole purpose of monitoring
the operation of the Test Lake; provided, however, that
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the City shall notify Boeing of its intent to monitor the
Test Lake area at least 24 hours in advance. The City's
limited right of access under this Agreement shall expire
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20 business days following either (a) the end of the
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Testing Period (if the Test Lake is successful) or (b)
notification by Boeing and concurrence by the City that
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Test Lake site restoration is substantially complete (if
crestoration
of the Test Lake site is required as set forth
in Section 4 of this Agreement).
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6. Indemnification. The parties each agree to
indemnify, defend and save the other harmless from any and
all claims for damages suffered, and any other loss, cost
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or other expense incurred by the other, or any claim,
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demand or action asserted against the other, arising out
of the indemnifying party's exercise of the rights granted
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herein. The provisions of Section 8 of this Agreement
�z notwithstanding, this Section 6 shall survive termination
of this Agreement.
7. Recording. Boeing shall submit this Agreement
to the office of the King County Department of Records and
Elections for recording prior to issuance by the City of
the first site preparation permit required for construc-
tion of the Test Lake.
TEST LAKE AGREEMENT PAGE 3
103006-0382/S8320640.0031 3/30/92 2:22 p,n
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a. Termination. Except as otherwise noted, this
Agreement shall terminate and shall no longer ..a valid or
of any force or effect as of the end of the Testing "eriod
(if the Test Lake is successful and the CSTC will be
built) or notification by Boeing that Test Lake site
restoration is substantially complete (if restoration of
the Test Lake site is required as not forth in Section 4
M of this Agreement). Upon termination, the City shall
N promptly sign documents requested by Boeing in order to
~ remove this Agreement from the public record.
O
O AP ED: THE CIT OF RENTON, a municipal
N torpor n of the State of
0` Washin o
awrence J. rren, By:
City Attorney Title:
THE BOEING COMMERCIAL AIRPLANE—'
COMPANY, a division of The Boeing
Com i o ration
By:
WISF12. Nelson, Director of
ac ities and Services
STATE OF WASHINGTON
) as.
COUNTY OF '�<,4*x R _ )
On this c 9 day of �' 1992, before me, the
undersigned, a Notary Pub l n and -for the State of
Washington, duly commisstoned and sworn, personally
appeared Ldel. �lneQ, ,
to me known to be the person who signed as
y of The City of Renton, the
municipal corporation that executed the within and forego-
ing instrument, and acknowledged said instrument to be the
free and voluntary act and dead of said corporation for
the uses and purposes therein mentioned, and on oath
stated that i was duly elected, qualified and acting
as said off car of the corporation, that A e�,_ was
TEST LAKE AGREEMENT
103002-0352/S B• 20.40.0031
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PACE 4
3/3010:II:22 am ` -:...-
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authorized to execute said instrument and that the seal
affixed, if , any, is the corporate seal of said corpora-
tion.
IN WITNESS WHEREOF I have hereunto not my hand and
official seal the day and year first above written.
NOT in and for the
State 1
of Washington, residing at �..J
My Appointment Expires:
STATE OF WASHINGTON
) Ba.
COUNTY OF U )
On this day of , 1992, before me, the
undersigned, a Notary Pub c n and for the State of
Washington, duly commissioned and sworn, personally
appeared James J. Nelson, to as known to be the person who
signed as Director of Facilities and Services of The
Boeing Company, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and dead of said corpora-
tion for the uses and purposes therein mentioned, and on
oath stated that he was duly elected, qualified and acting
as said officer of the corporation, that he was authorized
to execute said instrument and that the seal affixed, if
any, is the corporate seal of said corporation.
IN -WITNESS WHEREOF I have hereunto sat my hand and
official seal the day and year first above written.
NOTARY PUBLIC in and f r hs
State
of Washington, residing at �.
My Appointment Expires: 0-
TEST LAKE AGMEMEW
109M-035=0120040=1
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EXHIBIT A
Page 1 of 5
PARCEL A
All that certain real property situate in the City of Renton, County of King, State of Washington,
being a portion of Henry A. Meader's Donation Land Claim No. 46 in Sections 24 and 25,
Township 23N., Range 4E., W.M., and a portion of Government Lot 8 in said Section 24, and
being more particularly described as follows:
BEGINNING at the intersection of the North line of said Donation Land Claim No. 46, with the
most Westerly line of Government Lot 13 in said Section 24; thence from said POINT OF
BEGINNING S00'56'17'W 1257.95 feet; thence SOl'02'56'W 154.52 feet to the northerly line of
the City of Seance Bow fake Pipeline right-of-way as conveyed by deed recorded under Recording
No. 4131067, King County records; thence along said northerly line S72'44'48'W 436.96 feet;
r thence tangent to the preceding course along the arc of a curve to the right laving a radius of 122.55
O feet and a central angle of 2010115% an arc length of 42.82 feet; thence tangent to the preceding
curve N87' 13'57'W 1377.97 feet to the East right-of-way line of the Burlington Northern Railway;
0O thence along said East right-of-way line NO2'07'43'E 1709.63 feet; thence tangent to the preceding
CV course along the arc of a curve to the left having a radius of 2107.00 feet and a antral angle of
14'09'08", an arc length of 520.44 feet to the westerly line of the former Puget Sound Shore
Railroad Company's Seattle Line; thence along said westerly line N02007'430E 221.30 fat to the
southeasterly line of the parcel conveyed to the State of Washington by deed recorded under A.F.N
8412140016, King County records; thence along said southeasterly line N66017'56'E 35.69 feet to
a point on a line that is parallel with the South line of said Section 24, and passes through the most
southerly corner of the southernmost of two concrete abutments rear the westerly extension of S.W.
16th Street; thence along said parallel line S87'43'33'E 67.88 fat to the easterly line of said former
Puget Sound Shore Railroad Company's Seattle Line; thence along said easterly tiro NO2'07'43'E
11.96 feet to the southerly right-of-way line of 1405; thence along said southerly dot -of -way line
N8I 057'27"E 43.10 feet; thence tangent to the preceding course along the are of a curve to the left
having a radius of 603.14 feet and a central angle of 19'04'30', an arc length of 200.80 feet; thence
tangent to the preceding curve N62'52'57'E 90.32 feet; thence leaving said southerly right-of-way
line S00'22'l VW 1022.22 fat to the North line of said Donation Lad Chdm No. 46; thence along
said North line S87' 13'57'E 1462.38 fat to the POINT OF BEGINNING.
Contains 72.83 Acres of Land more or less.
The Basis of Bearings for this description is the Record of Survey for Brofdacres, Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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EMIBIT A
Page 2 of 5
PARCEL C
All that attain real property situate in the City of Renton, County of King, State of Washington,
being that portion of Henry A. Meader's Donation land Claim No. 46, in Section 25, T.23N.,
RAE., W.M., described as follows:
BEGINNING at the intersection of the South line of said Donation Claim, and the East line of
N Government Lot 10 in the N.E. 'A of said Section 25; thence from said POINT OF BEGINNING
r along said South line N87°13'57"W 1842.90 feet to the East line of the Burlington Northern
Railway; thence along last said East line NO2°06'48"E 129.69 fat and N02007'43-E 251.58 feet
O to the South line of the Bow Lake Pipe Line as conveyed by deed recorded under recording No.
CV
ON 4131067, King County records; thence along said South line S87'13'57"E 1377.63 feet; thence
tangent to the preceding Bourse along the arc of a curve to the left having a radius of 152.55 feet and
a central angle of 20"01'15", an arc length of 53.30 feet thence tangent to the preceding curve
N72044'48"E 427.04 feet to the northerly prolongation of the East line of Government Lot 10;
thence along said northerly prolongation S01 "02'56"W 536.89 fat to the POINT OF BEGINNING.
Contains 16.87 Acres of land more or less.
The Buis of Bearings for this description is the Record of Survey for Broad&= Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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MMIBIT A
Page 3 of 5
PARCEL F
I All that certain real property situate in the City of Renton, County of King, Stae of
Washington, being s portion of Government Lots 10 k 11 m Section 25, Township 23N., Range
4E., W.M., and being more particularly described as follows:
BEGINNING at the intersection of the South line of Henry A. Mea ier's Donation Land Claim
No. 46. with the Fast line of said Government Lot 10; thence from said POINT OF
BEGINNING along said Eau line SO1'02'56"W 255.38 fen; ubance leaving sold East line
CMV N88'16'55'W 1947.57 feet to a point on dr. Fist line of the Buribigm Northern Railroad
r right -of way which is 289.12 fen Southerly, u measured along acid riglu-of way line, from the
interne Lion thereof with the South line of said Donation Land Ciaim No. 46; thence along but
C said Eau line NO2.06'48"E 289.12 feet to the South line of said Dcottion Land Claim, thence
N alon& said South line S87'13'578E 1942.90 feet to the POINT OF BF,GDRMG.
Contains 11.53 Acres of Land more or lus.
C The Basis of Bearings for mu des rWm is the Record of Survey for Broadaaaa. be.,
recorded in Book 10 of Surveys as page 2, under Recordht8 No. 7707289002, JUPS County
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EXHIBIT A
P&W 4 of 5
PARCEL G
All that certain real property situate in the City of Reemon, County of King. State of
Washington, being a portion of Government Lott 10 and 11, and of the S.W. 114 of the N.E.
1/4, and of the S.E. 114 of the N.W. 1/4, all in Section 25, Township 23N., Range 4E., W.M.,
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and being more panieularly described as follows:
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BEGINNING at a point on the East line of said Govemmem Lot 10, distan! thereon
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S01.02'56'W 255.38 feet from the intersection thereof with the South line of Henn Mender's
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Donation land Claim No. 46 thence from mid POINT OF BEGINNING, along said East line
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of Government Lot 10, and the east line of acid S.W. 1/4 of the N.E. 1/4 of Section 25,
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S01.02'56' W 1112.01 feet to a line that is Waliel with and 545.6 feet northerly of the East-
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West centerline of said Section 25 (measured along the Fast lithe of acid S.W. 1/4 of the N.E.
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1/4); thence along said parallel line N87057'426W 1908.19 fat to a line that is parallel with
CD
60.00 fat East of the Eau line of the Burlington NOrdhern Railway right-of-way; thence
along Last said parallel line NO2.06'48'E 554.48 fat; dhma N040081494W 550.24 feet to a
f't,2point
on said East line of tail BurlkWon Northern Railway rl&of-way, distant thereon
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S02.06'48'W 289.12 feet from the ithtesaaxfon dhetnof vVp11 tlhe South Line of acid Donation
Land Claim No. 46; thence S88.16'55'E 1847.57 feet to the POINT OF BEGINNING.
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Contains 46.06 Acres of Land more or less.
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The Basis of Bearings for this description b the Record of Survey for Broadactu, Inc.,
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recorded in Boot 10 of Surveys at
eY pqe 2. under Reeordirhj No. 7707289002, King County
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MIBIT A
Page 5 of 5
PARCEL 1
All that certain real property situate in the City of Renton, County of King, Slue of Washington,
being Government Lot 14, and a portion of Government Lot 8, both In Section 24, Township 23
North, Range 4 East, Willamette Meridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said
Section 24. and a portion of the N.E. 114 of the S.E. 1/4 of sold Section 24, and being more
paniculaly described as follows:
BEGINNING at the Southwest corner of she N.E. 1/4 of the S.E. 1/4 of said Section 24; thence
from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00.56'17'W
68.96 feet to the North line of Henry A. Mender's Donation Land Claim No. 46; thence along said
North line N87'13'57'W 1462.38 feet; thence leaving saki North line N00.22'1VE 1022.22 feet
N to the southerly rlgM•of•way line of 1.405; theswe along add southerly right-of-way line sod the
ti south right-of-way line of S.W. 16th Street from a tangent chat ban N62'52'57'E, along the arc
p of a curve to the right having a radius of 543.14 feet and a central angle of 26.45'00', an arc length
c-p of 253.58 feet; thence tangent to the preceding curve N89'37'57'E 1079.63 feet; thence tangent to
N the preceding course along the aic of a curve to the left having a radius of 1940.08 fed and a central
as angle of 02'52'00', an arc length of 97.07 feet; thence tangent to the preceding curve N86.45'57'E
4.56 feet; thence tangent to the preceding course along the are of a curve to the right having a radius
of 1880.08 feet and a central angle of 01'32'55', an arc length of 50.81 tea; to the northwest corner
of the parcel conveyed to the City of Re" under A.F. 08911030810, King County records; thence
A along the boundary of last said parcel S08'35'56'W 42.70 feat and N79'13'48'E 52.00 fed to the
`- west bank of the Whir River Drainage Ditch No. 1; thence along said west bank die following
courses: S00'34'040W 138.18 fed, S27.08-00-E 186.06 feet, S29.52-37-E 79.58 feet,
S35.57'46'E 133.48 feet. S31.23'55'E 99.64 fed, S48.12'006E 170.74 feet, S60'12'45'E 105.81
feet, S80.40'25'E 141.99 feet, S40'52'33'E 1".78 fed, S34.40'43'E 132.06 fees, S18.10'45'E
75.74 feet, and S24.541270E 64.27 feet to the South Iine of she N.E. 1/4 of the S.E. 1/4 of said
Section 24; thence along list ssid South line N87.26'45' W $99.63 feet to the POINT OF
BEGINNING.
Contains 47.38 Acres of land more or less.
The Basis of Bearings for this description Is the Record of Survey for Broadaxes Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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SA-92-006
RESTRICTIVE COVEM21T REGARDING
LID PARTICIPATION
THIS COVENANT is made by LONGACRES PARR, INC., a Washing-
ton corporation ("Longacres Park") with respect to propor-
tionate share payments to Local Improvement Districts (•LIDS•)
i and 2 for transportation improvements needed to serve
Lonqacres Park-s Customer Services Training Center Facility
("C.STC.") .
RECITALS
WHEREAS, Longacres Park is the owner of certain real
property located in the City of Renton ("City"), State of
Washington, legally described on Exhibit A attached hereto and
by this reference made a part hereof (-Property"); and
WHEREAS, on August 6, 1990, the City passed Ordinance
No. 4283 establishing a joint public and private transporta-
tion improvement program for the area south of I-405, east of
the westerly city limits, north of S.W. 43rd (S. 108th), and
west of SR 167 (the Valley Freeway) (collectively, the ^LID
Area"); and
WHEREAS, the Property is located within the boundaries of
the LID Area; NOW, THEREFORE, it is agreed as follows:
1. Longacres Park acknowledges that (a) the City may
require property owners within the boundaries of the LID Area
to participate in LID No. 1 and LID No. 2 as described and set
forth in Ordinance No. 4283 and (b) consideration for this
Covenant shall be the approval of development of the Property.
2. Longacres Park agrees to participate in LID No. l-
and LID No. 2 under the terms and conditions set forth in
Ordinance No. 4283.
3. This Covenant shall be a covenant running with the
land and shall be filed and recorded in the records of Ring
County, Washington, in the Department of Records and Elections
and shall be binding upon and inure to the benefit of Long -
acres Park and its heirs, successors and assigns.
PAGE 1
10900"MIM21540.0BFt 914/92
7.
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DATED this ,L day of (x4ob+, , LqqZ_-
OWNER:
LONGACRES PARK, INC., a Washington
corporation.
By:
J es Nelson, Vice President
STATE OF WASHINGTON )
j ss.
N^ COUNTY OF KING j
W
Q
On this o1 day of before me,
`O the undersigned, a Notary Public in and for the State of
Np Washington, duly commissioned and sworn, personally appeared
James J. Nelson, to me known to be the person who signed as
N Vice President of LONGACRES PARK, INC., the corporation that
executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of
said corporation for the uses and purposes therein mentioned,
and on oath stated that he was duly elected, qualified and
acting as said officer of the corporation, that he was autho-
rized to execute said instrument and that the seal affixed, if
any, is the corporate seal of said cc--poration.
IN WITNESS WHEREOF I have hereunto set my hand and offi-
cial seal the day and year first above written.
NOTARY PUBLIC in and for tbd Sta
of Washington, residing at
My Appointment Expires:
103006025=10215 W. W! f 1
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rage 1 of 6
PARCEL I
All that xrtain real property SWAM o the City of Rewon, County of King. Sucre of Washington,
being Govermrcra Lot 14. and a portion of Government Lot S. both in Section 24, Township 23
North, Range 4 Fist, Willamette Meridian, and a portion of the N.W. 1/4 of die S.E. 1/4 of said
Section 24, and a portion of The N_E 1/4 of the S.E. 1/4 of said Stxtioa 24, and being more
particularly described as follows:
BEGINNING a she Soa6wmt onaw of die N.E. 1/4 of the S.E 114 of said Section 24; ia=
ftom said POINT OF BEGD04B4G, dong the Eau ire of said Govaamen Lat 14 SOD'S6'1TW
68.% feet to the Nardi lim of Henry A. Mnder's Duration, Land China M. 46; thence stag said
North line N97.13.57-W 1462.38 feet: dneaoe leaving said Nora fore N00-22.11-E 1022 22 fees
to the southerly rightof-may Bore of 1r105; thence along said soodoeiy sightOF-way fort so die
south right-of-way Bore of S.W. 16th Saar iron a elegant hat bears N62052'STS, ding die we
of a aim to the right having a radius of 543.14 feet and it antral argle d26045'00', an we bogs
of 253.59 feet; thence tangent to the pnecedmg curve N89'3TSTE 1079A3 feet; tthtaa tMpM a
the preceding averse along the am of a curve tun die left having a radius of 1940.0E fen and a oeatral
angle of 02'52'00', an arc lertgth of 97.07 tam, thence mMac to the preceding tame bw45'S7'E
4.56 feet; theate tangent to the pcece tog mate abaog the arc of a tax to dot right bas®g a radius
of 1880.0E feet and a central angle of01'32'55', as arc lano of50.81 test; to the aotirrta caner
W of the parcel conveyed to the gy of Ream order A.F. M11030810, Vag County records; thence
i along die boundary of last said pact S08'33'S6'W 42.70 feet and N79'13'48'E 58.77 feo:t to die
west right of way time of the Whit Riser Drake Ditch No. 1. a gas ndemned in Superior Court
W U Cahn No. 32912,1Gt8 County Records, dic ice doog said wen rgh of way line the 10Bovvirg
N S courses: S00075'33'E 47.35 fact, 5010481320W 44.26 her, S07'14'429E 48.2E fear, S1902FROE
!f! i 66.50feet, S20'OF30'E40.14get, 530'SS'S0"E51.32fed, S39.53'S4'E32.19fink S3D'06'16'E
f� p 76.04feet, S27'12'OD'E34.56feet, S31'1930'E41.01fen,S36'00'4I'E74.11fxt,S31'S0'12'E
�o N 42.02feet,S42'O5'27'E4721fen,S40'19'S7'E47.67fatS45'25'S2'E59.32fMS50'3772'E
39.63 fat, SSI'16'S5"E 68.16 feet. S81'36'S0'S 62.75 feet, N86'597M 94.92 feet,
==QJ S55'04'26E5326feet 548'3130'E45.SSfen, S39'2524'E49.S4feC,S36'�'16'E46.764et,
S44'S321'E48.07feeLS29.35'TO'E35.41feMS3'48'41'E46.Nfect,S20'07'49'ESS.72fea,
o and 524.18'59'E 68.77 fea ID the Soli Rune die N.E. tM die S.E. t14 ofadd Station 24;
dhena along last said South toe N8T26'45'W 918M lea to die POBff OF BEGOMM.
a {-
W
Coaams 47.669 Acres of lad am Or tat:.
4 W
W The Basis of Bearings %r this tksarptimo is die Record of Survey for lhodaaes hue., teaadtd ii
Book 10 of Surveys at page 2, under Remrdng No. 7707289002,1Ca8 Comfy eeaordt
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12-04.91
REWARCI.IEG
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PARCEL I
All tha 4atain real property unarm in me City of Raton, Canty of King, fto of
Washington, being a portion of drc S.W.114 of 6c N.E.1N, and dde N.W. U4 of re S.E.
Im of Secrioo 24. Tottmsbip 23 tGark Lose 4 Fist, aiUmeft 1Naidan. and being once
pattwubry daatbd w blows:
Commencing Y the intersection otffie North aoargia afS_W.16dn Sheet pooth 153rd St), ttridt
We West boundary of C.D. SOm a Fiingmn Ca dms Ad&= a tke Cky of Seattk,
Divwwt No. 1, as per the Phi feral I it Vahm 17 of Phrs. Pace 74. Recants of Kips
County, make San said FM OF COMMIENCEMMU. Wea y Nang add Nam` margin,
350 fat to dne TRUE POINT OF BEGDOIDiG of `s PARCEL 1, leoee four said TRUE
POIIQT OF BEa NM NG, txa wft Woody does add Nm& samigm 389'3T57W 257.00
tea; shade kavmg said Nomthaly smcgio a right swim. NODMV3'W 214.06 bet to de
Soahuiy risk of way ®ee of SR 40; Geoae along aald Soaaay e4*4f,.q lira from a
tangent that been N78.13'537, along lie arc ofa arum i4de tigbtio ft a ndoa d2766.00
fen. and a central angle of 05'23.22', an arse hags of 2MA9 bet; S mee leaving and
SoutMdy riskof-way l'oe S00'2I'03'E 253.41 has to be TRUE POW[ OF UBMMING.
CONTAINS 1.39 Acres of land mare or lam.
N
The Baas of Beatings for this deaadpdoo is bo Record of Survey roc Bmadacrea, lure.,
s wooded in Book 10 of Saneys t Page 2. =der Retarding Na 7707289002, Lid Carry
n nerds.
FWC
11-2141
PARCELLLEG
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All that Certain real property siaue in die City of Ratma. Camty of $ink, sure of
Washingron, being 6 portion of Aa S.w. t/4 o(me N.E. 114. and tithe N.W. 1/4 of that S.E.
114 of Seeoon 24, TMmhip 23 NonAt, Rabe 4 East. Wamme Mah0a, ad beig more
Particularly descrtW as 6o0ows:
Commencing at the haasaaon of Arc Norm margin of s.w.166 SUM (Sou! 153rd SL), aith
Ate West botmday of C.D. Whom s Pirtosgp 0ardms AAdioan m Ae City of Sande,
Division No. 1. as per me Fig rewded in Yohae 17 of Phu, Page 74. Retards of laug
Canny: menCe from said POINT OF CM MEbR7 ANT, Wesah along said Norm margin,
607 feat m AK TRUE POINT OF BEGlNNBqG of Ads PARCEL I; d, ttom said 7,UF
POINT OF BEOIIr'NIIf . wMmft Waraly abq said Nort Mart® S89-N STW in 00
feet; mean leaving said Namaly margin at Vat agIM NDO'n M-W 187.07 feet to Ate
Sou6aly Twitof pay ire of SR 405; max &W raid SowMdy '� ire lam a
tanyeatderbranN7S'40MTH,alaatAararcofaem mAnasISht11106garadimof2765.00
feat, and a Central angle of M12'37', an are lmgm of 123.02 feet; Sam brig add
N$O1"Y r&o22'(-pay (ate S00'03'E 214.06 fo m me TRUE POINT OF Hmuwa
^
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2 CONTAINS 035 Acres of land more or IM
N
O The Basis of Hearings for mh dauiption is Au Reeard of Suney for Broadstaa, Ire
91
recorded in Boot 10 of Sorvrys a Age 2, Moda ReoudMg Nat 77072g9pp2, >Oeg Cotmty
records.
FWC
11-21-91
PARCEU IM
3-246438D6
IIMMaI? a
1taa of6
PARCEL K
All that certain ml pWaty shore in die City of Remoa, County of King. Stare of
Washington, being a Portion of the N.N. U4 of the S.E. IM of Seoim 24, Twmmft 23 North,
Rua t East, WtWwwo It- ' 5 and beitg,song ps dmftly thra- a *ADWs:
Cmmheocing at the intraeetih. of dig North mlftm dS.W.166 Shaet Ooo* 153rd Sr . vft
the west bow4my of C.D. BRYam's A I g Gardens; AdMim so an City at Same,
Division No. 1. a per the Phr taooeded It Yolrhe 17 of Plu, Page 74. Records of King
Coast'; theca km said POWT OF pMDAMMU T, WeMlY abhg aid North mtrm, ..
727 fat In the ?RUE POW OF BOMOM40 of thh PARCEL L; *Am km aid TRUE
POINT OF WMINNI tG, oori ft Werrly slang aN Nonh targis Sf977'37'W 62OD
feet; diem having said NotthalY =atgb at right ate. NOD-V'O3-W 17OM feet to the
Smdx- y right -Of WSY Bat: of SR 40. theta along aid Smftedy sgk-ot ,Y Rae fmm a
trtgra thr bars N74'21'IM along dle meats NRjD dw ftU having a adios of 2765.OD
f a and a oraral ao*OfOI 9W*.m aft:bagdtaf6f.O6hes; thaoe having oldSmft dy
right-of-way font S00'22 C3'F 187.07 feet ed de TRUE POW OF MORA=.
ODNTAINS 0.25 Ana *find arc at b,s.
The Basis of Bearbgs fr dds de.aipdm In do Rooted of Sarve3 for 9 1 , - , br, ,
recorded la Boot 10 of SWWP r Page 2, madam- loom g No. Tl072S90D2, Lbg Corny
records.
FWC
1121-91
PARCEMLBO
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All dw certain sal properly some: in drc City of Reason. County of King. Sot of
Washuntson, bemt a portion of die N.W.114 of The S.E. U6 of Section: 24. Township 23 North.
Range • Eau, Wmme ► eridian, and bells• mac perticul rly described = follows:
Commemcbq a die imaermcdon of the Noah martin of S.W.161h Stan (Somas 133rd SL1, wo
the West boundmy of C.D. Hillmomm s Eafagsm Gmdms Addhion an fse City of Searle,
Division No. 1, as per The Pie seoade I b Wo me 17 of `lak. Pate 74. Records of Kist
County, dnmm tram sad POW OF COMIiNCUMfl; Wrawdy along mid Nash wagon,
M feet to the TRUE POINT OF 1EGINAIDQG of don PARCEL L: damoe item pia TRUE
POINT OF BEGINN NG. cummiog Watcrly Pont said Nails mrgia S19WW-W 65.00
face; thence NOO'22'03'W 13.00 fee, dream S19'37STW 50.00 feed fence haft said
Nort? r , margin a rithr angles, N00'22'030W 121.79 fair m &a Soommly d#w-of way in
o: SR 405; dseooe Yet Said Somhraly sigbaofvay In from a antes dun hems
N71.52VET, Yong die arc of am m don d* ha t a nadir of 7M.00 RM and a
antral antle of 02'29'09% an wc: k%& of 11996 feet, Renee having said Soudkerly Zhu of
way lure SOO'2Y030E 17090 Ret to die TRUE POW OF BEGDMfG.
CONTAINS 0.39 Acres of land moss or lap.
The Basis of Beasinds for dos description 6 don: Retard of Survey for Bmadmcrea, bc.,
recorded in Bock 10 of Surveys a Page 2, under Recooft No. 71072.002,10ag county
tea:
FWC
11 ZN91
PARCELL.LEG
3-2A6Hg06
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Poya 6 of 6
PARCEL. M
A0 that certain real property sio m in the City of Rayon. County of King. Sm of Washington,
being a portion of the N.W. 1/4 of die S.E. IM of Section 24, Township 23 North, Range 4 Eau,
Willmene Meridian, and being ante pwdadarly 1esc3 In follm:
Co nmenccing at the man of the North mqm of S.W. 166 Street (South Mal SL), with
dte West boundary of C.D. B't7hom'sEtiogam Gardens Adf elm tithe City of Smk. Division
No.1, as per the Phu recorded in Vah me 17 of Plea. P*e 74. Ramrds of King County. Gem
fom said POINT OF COATI•. Wausly dmg said North mum 854 feet; deuce
N00'22'03'W 15.00 far &mm S89037WO W 30.0) face bieTRUE PONT OF BEGINNING
of this PARCEL M; *mace fan add TRUE POINT OF BEGINNING. omtimaing along said
�
North margin S89-3T57-W 65.00 feet dmm S44WW-W 212hei. th 1 eme S89'3M-W
O 124.11 het; to the Easterly in of a parcel conveyed to the Save of Washvtgnn by c z , '
N co rerded under Auditor's F e No. 3494M K tg Coaaty eemrds; d mos kaviug add Nadi o margin of S.W.16th Saes along last aN Easterly ite KU*42'33'W 56.60 het to the Souftdy
N ugh -of way Ike of SR 405; d-- Nmg sW Somber'; j"llway Bne an a anal lord a
hearing of N66.40'470E 68.54 feat Gem fom a twomt do bean N68.179567E dog the
arc of a curve w the tight hnft a tafin of 2765,90 feet, and s cmd eagle of 03 M 27'. m
arc kngth of 172.4E het comae kavig so Sotmaly d#Aof-way roe 300'22103'E 121.79 I
het to die TRUE POINT OFEBODINING..
CONTAINS 0.46 Acres of land more or less.
The Basis of Bearings for dab dortx% I Is `e Record of Survey for Htodecrm lore., taemded
is Book 10 of Surveys at Pigs 2, under Recordlag No. 7707289002. Lang Com ly aeecrds.
PARC ELM -LEG
3-2464-3806
raotwagmftr
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Carolyn L. Gernert
The Boeing Co r_ial Airplane Group
P.O. Box 3707, VS 76-52 �
Seatt3e, Washingt=n 98124-2207
108" SEWER I19TERCEPTUR EASEMENT
For and in consideration of the payment set forth herein, and
other valuable consideration the receipt of which is hereby
o
acknowledged, LONGACRES PARR, INC., a Washington corporation
=
and wholly -owned subsidiary of The Boeing Company, ("Grantor"
herein), hereby grants and conveys to the MUNICIPALITY OF
METROPOLITAN SEATTLE, a municipal corporation of the State of
"
Washington, ('Metro" herein), for the purposes hereinafter set
forth a nonexclusive perpetual easement, over, across and
under the real property (the 'Easement Area'), in Ring County,
Washington as described on Exhibit A and depicted on Exhibit
m
8, which such exhibits are attached hereto and incorporated
herein by this reference. During the initial construction
period only, the Easement Area shall include an additional
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area as described on Exhibit C and depicted on Exhibit D,
which such exhibits are attached hereto and incorporated
GGG000
herein by this reference.
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This easement is granted subject to and conditioned upon
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the following terms, conditions and covenants which Metro
rv-y
hereby promises to faithfully and fully observe and perform.
1. Purpos „ Metro shall have the right to construct,
Install, operate, maintain, repair, remove, replace, enlarge
and use a One Hundred and Eight (108) inch sewer interceptor
together with all connections, manholes and appurtenances
thereto for the foregoing purposes.
2. Compliance xith Laws and Rules. Metro shall at all times
exercise its rights herein in accordance with all applicable
statutes, orders, rules, regulations and requirements (as from
time to time amended) of any public authority having
jurisdiction.
3. Payment. In consideration for the grant of the Easement
set forth herein, Metro shall pay Grantor as Eollows:
A. For that portion Of the northern most approximately
six hundred ,600) lineal feet cr the Easement Area (14,125
square feet), as shown on Exhibit B, Metro shall pay Grantor,
for the permanent easement set forth herein, the sum of Fifty
Six Thousand Five Hundred and no/100 Dollars ($56,500) within
forty five days after execution of this Agreement. Grantor
and Metro agree that no value is given to the northern most
easement area within the two hundred (200) foot shoreline
setback.
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B. For the remaining approximately forty two hundred
(4200) lineal feet of the Easement Area, as shown on Exhibit B
and more particularly described below, Metro shall pay Grantor
not later than February 15, 1999, for the permanent easement
set forth herein, the sum of Three Hundred Five Thousand Five
Hundred Tbirty-nine Dollars ($305,539), plus simple interest
an such amount from the date of execution of this Agreement at
the rate of four percent (4%) per year (the 'Second
Payment`).
1. Parcel 1 remaining area (17,3I5 sq. ft.) S 69,300
2. Parcel A - 67,354 sq. ft. $235,739
3. Parcel B - none $ 0
4. Parcel G - nominal area within wetlands $ 500
Provided, however, that Metro shall have no obligation to make
the Second Payment, if by December 31, 1996, The City of
Renton has awarded one or more irrevocable construction
contracts to extend Oakesdale Avenue S.N. along any portion of
N the remaining Easement Area.
CT,
iO C. in addition to the payments due under paragraphs A
N and B above, Metro shall pay Grantor the amounts set forth
N below, payable monthly in arrears, per parcel, per month or
sF fraction thereof that said temporary construction easement
area is in actual use by Metro. The term "actual use' as used
Cr. herein shall be construed to include only the period from the
start of construction of said sewer pipeline and
appurtenances, per parcel, until completion thereof, including
reconstruction and restoration of easement areas as provided
herein.
1. parcel i - 10,055 sq. ft. outside 200, setback to
Oakesdale Ave. alignment
$ 469/month
2. Paccel 1 - 8,094 sq. ft. (remaining area) Oakeadale
Ave. alignment to south end of Parcel 1
S 378/month
3. Parcel A - 19,990 sq. ft. S 812/month
4. Parcel B - 9,590 sq. ft. $ 392/month
5. Parcel 6 - nominal $ 10/10onth
4. RNKW I nd ptoyieinn of will Material. In :he event
that Metro encounters, or suspects that it has encountered any
hazardous substances in the Easement Area in furtherance of
its rights met forth in paragraph 1, Metro shall cease all
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operations and notify Grantor. If the encountered or
suspected Hazardous substances are not the result of the acts
or omissions of Metro, Grantor shall, at its own expense,
determine if the material is hazardous, as determined by
applicable law. If the material should prove to be hazardous,
then the Grantor shall, at its own expense, remove, dispose,
or otherwise handle such hazardous substances, as necessary,
in accordance with applicable law, or reroute the Easement
Area, if a reroute is acceptable to Metro. If hazardous
substances are removed, Grantor also shall provide substitute
nonhazardous material to replace the removed material for
Metro to use in its operation, if necessary. Should the
encountered or suspected material prove not to be hazardous,
Metro shall proceed with the operations at its own Cost, with
no recourse against the Grantor for the cost of schedule
delays incurred due to the delay in operation. If the
encountered or suspected hazardous substances are or may be
the result of the acts or omissions of Metro, Grantor's
characterization of the substances involved and any removal,
disposal or other handling costs incurred in connection with
the removal, disposal or handling of the hazardous substances
will be at Metro's expense, and Metro shall have no recourse
against Grantor for the cost of scheduled delays incurred due
to the delay in operation. Any fill material provided by
Metro for use in the Easement Area shall be subject to
Boeing's prior approval.
5. Metro's use and Activities. Metro shall exercise its
rights under this Agreement so as to minimize, and avoid if
reasonably possible, interference with Grantor's use of the
Easement Area as set forth in Paragraph 6, herein.
6. Grantor's use of the Easement Arcess by Grantor
During Constru Lion. Grantor reserves the right to use the
Easement Area for any purpose not inconsistent with the rights
herein granted, including but not limited to use as a parking
lot and for placement of an underground 12- irrigation supply
line, provided, that Grantor shall not construct or maintain
any building or other structure on the Easement Area which
would interfere with the exercise of the rights herein
granted. In addition, Grantor reserves the right to plant any
landscaping it deems appropriate on the Easement Area. Metro
shall reinstate such landscaping or other improvements, if
they are disturbed in furtherance of Metro-N exercising its
rights pursuant to Paragraph 1.
Metro and Grantor shall sake provisions satisfactory to both
parties for reasonable continued access by both parties along,
over and across the Easement Area during periods of
constructiot or other activities by either or both parties.
Metro and Grantor expressly acknowledge and agree that each
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party's access to the Easement Area may from time to time be
reasonably restricted or delayed as a result of construction
activities. Neither party shall be liable to the other party
for any costs or claims resulting from such reasonable
restrictions or delays. Each party expressly waives any such
claims against the other party.
In the event of an emergency requiring immediate action by
either party for the protection of its facilities or other
persons or property, such party may take such action upon such
notice to the other party as is reasonable under the
circumstances. Each party agrees that in such event, the
party which exercises this emergency provision shall not leave
any type of equipment or material to obstruct the other party
in a way ttat was not present prior to the emergency.
7. Mi-iaation and pexmits. in the event Grantor delays or
suspends for any reason, construction of its Customer Service
Training Center, Metro shall be solely responsible for
mitigation and permits arising from or related to Metro's
exercise of its rights and obligations under this Easement
Agreement.
N
a. Indemnity, kept to the extent of Grantor's negligence
Q%
or willful misconduct, Metro agrees to indemnity and hold
._
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harmless Grantor, Grantor's directors, officers, employees,
_
(V
agents servants and representatives from any and all actions,
liabilities, demands, claims, suits, judgments, liens, awards,
-
and damages of any kind or character whatsoever (hereinafter
(,-I
referred to as 'Claims'), including claims for death or injury
�=
to employees of Metro, costs, expenses and reasonatle -
-
attorneys' fees incurred by Grantor in defense thereof,
asserted or arising directly or indirectly from, on account
of, or in connection with Metro's operation, maintenance and
ccntrcl of the Easement Area (and improvements thereon). with
respect to all or any portion of the foregoing obligation
which may be held to be within the purview of 1" 4.24.115,
such obligation shall apply to the maximum extent permitted by
'
RCw 4.24.115.
,
9. Abandonment, The rights herein granted shall continue
until such time as Metro ceases to use said Easement Area for
a period of five (5) successive years, in which event this
easement shall terminate and all rights hereunder shall revert
to Grantor.
ia. Notices. Notices required to be in writing under this
_
Agreement shall be personally served or sent by registered
U.S. mail. Any notice given by mail shall be deemed to have
been received when three days have elapsed from the time such
notice was deposited in the U.S. mail addressed as follows:
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To Grantor: Longacres Inc.
c/o Boeing Commercial Airplane Group
P.O. Box 3707 - MIS 75-66
Seattle, WA 98124-2207
Attn: Facilities Engineering
Phone: Manager of Planning 5
Leased Properties
with a copy to:
Boeing Commercial Airplane Group
P.O. Box 3707 - M/S 76-52
Seattle, WA 98124-2207
Attn: Division Counsel
Phone: (206) 237-2662
To Metro: Metro
821 Second Avenue M.S. 122
Seattle, WA 98104
Attn: Supervisor -
8ight-of-way & Property
all Either party may change the address to which notices may
0D be given by giving notice as above provided.
N12. Access. Metro shall have the right of reasonable ac.-ess
to the Easement Area over and across adjacent lands awned by
M Grantor to enable Metro to exercise its rights hereunder,
a, provided that Metro shall compensate Grantor for any damage to
the Easement Area caused by the exercise of said right of
access.
12. Title• The rights granted herein are subject to permits,
leases, licenses, and easements, if any, heretofore granted by
Grantor affecting the Easement Area. Grantor does not warrant
title to its property and shall not be liable for defects
thereto or failure thereof.
13. Successors and Assigns. The rights and obligations of
the parties shall inure to the benefit of and be binding upon
their respective successors and assigns- Effective January 1,
1994, Metro will be consolidated with King County, a hose rule
charter ccunty of the State of Washington, by operation of
law. Thereafter, King County shall have all rights,
obligations and benefits under this Easement Agreement.
14. Termination for Breach. In the event Metro breaches or
fails to perfors or observe any of the terms and conditions
herein, and fails to cure such breach or default within ninety
(90) days of Grantor's giving Metro written notice thereof,
or, if not reasonably capable of being cured within such
- 5 -
•
i
ninety (90) days, within such other period of time as may be
reasonable in the circumstances, Grantor may terminate Metro's
rights under this Agreement in addition to and not in
limitation of any other remedy of Grantor at law or in equity,
and the failure of Grantor to exercise such right at any time
shall not waive Grantor's right to inate fo any future
breach or default.
1
DATED day of 1993.
METRO: GRANTOR:
in Longacres Park, Inc.
BY: ..
BY: A11lm
ITS: Dimim, FUN* oWW"
STATE OF WASHINGTON)
ss.
Courm of KING/j �)
On this Z— dap of , IS93, before me
� the undersigned personally appeared J. . NELSON to me known
LO to be the Vice President of LONGACRES PARE, INC., the
corporation that executed the foregoing instrument, and
N acknowledged the said instrument to be the free and voluntary
act and deed of said corpora", , for the uses and purposes
therein mentioned, and on oa Atated that he authorised to
execute the said instrument.
O) _
wITIOW my hand and officia al oaf day
and year first abo- i written. a
wry Publit(-" and for the
tat f Nam in to aa F i i
at W
my commission expires
STATE OF WASHINGTON)
) as.
COUNTY OF RING )
On this �&— day of M 93., before me
the undersigyned rsonally appear e o as known
to be the wil��urjy) of he nmcrPAUTY OF
METROPOLITAN SEA , the corporation that executed the
foregoing instrument, and acknowledged the said instrument to
- 6 - Irmw
r
be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on Bath
stated that he is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day
1 and year first above written.
Notary Public in and for the
State yyof� Washington residing
at
np cddmrission expfres [Q=f
N
Cr)
t0
N
tYs
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1y,:.H al PACIFIC
y A25-132thA.N-E-
P.o. Rc C-9730r
P '' sa�.wAvaoo9-9306
EXHIBIT A.1
SANrrARY SEWER EASEMENT
f -
An mmeot for the operation and maintentna of a Unk2ry sewer syaem in Porcds 1.A and B. of
the Retard of Survey tmwded in Book 85 of Surreys A Ma 27.27A. King County rt=&. City
of Amon, King County, Washington, in Sections 24 and 25, Towndtip 23 North, Range 4 East,
W.M., said easement bein on, under, over, and abo a strip of lad the sidelines of which we
desaibd as folbws:
COM74PNCING a a brass disc monmaa in the mme rim of S.W. 16t6 Street said mon umd
hCM at de easterly terminus of amuse shown as 'N89037lrE 199.W', as said street.
nwmunmt and course are show- .7 the Retad of SUrM teem I in Book 85 of Surveys at pages
27-27A. Bring Cauety remds: i = S00'22V3'E 30.00 feet to the smdmty rigk-af w2y ha of
S.W. 16111 greet and the maherly boundary of Parcel 1 a sls m an said Record ofSuney; them
camly abet the mrftrly bmuxttay of said Pk 1 tram a aoem clan bens N89'nWM, aloft
the R of a cane m the left having a radon of 1940.08 tea and a cants &apt MOMV0', On arc
kq* of 97.O7 fits; thence ssupos m the Aemding com N86'45'TM 4.% Gmt; defoe taoem
So the pm=d'og courm abfg tie arc of a win to the right haft a radial of IM08 fin and a
(V antral angle of o0'3840', On arc k no of 21.14 lid th he POD4'I' OF BBCUIK'M-. thmse from
said PONT OF BEGIN M COMm®t along the arc of and tune faux a Magog clan blurs
pWo7'IrE i cmaral angle of 90'54'W. OR etc kogils of 29.67 fat; tbmte afoot Ac CWM17
Nboundary of sad Parcel 1, So8'95'S6•W 42.7o fat *gm N79'I3'4i'E43.64 fM d me le rbrg
said boundary fine SOl•54'12'611034 fat theta SWW,48'W 6.00 Iaet theca S01654'12'E
40.00 *gt; *ma N88'05'48'E 3.50 fat: Cem 901'54'l2'E244.24I= SOl0o0'lo'W 2131.i8
Crfat a the northerly hoe of tie Cg of Swalei Bow lAw ocli n rw*ef-nay as uneveyed by deed
receded order Renting No. 413101i1, Fmt Can" teoords; Omm dM said m lowly r6W
ffway S72.44.48'W 57.92 sett; theate knot aid d0&.oFvray NOI'00 NNE 1413.97 fat;
N88.59'50'W 7So far &mere N01WI00E 539.63 fat: N88'99'SB'W 5.0o feet theca
N0191WIVE 195JI fact theme N01'S4.12'W 337M far tbetta NSVW48'E3.00 far tdma
N0I.54'12'W 90.48 fat m ebe port of l gi iat.
Comsiug 3.48 acres
See Exhibit 8.1 Attached
The Basis of Bruntrp for this dnm* mn is tht
a pops 27-27A. Lint Carry retards.
Book 85 ofSwap
flta1 a27-0IIa Fos Ra61 az2-53H pi -LmdKWDff*N*' iaasaat lmpist
An mmeot for the operation and maintentna of a Unk2ry sewer syaem in Porcds 1.A and B. of
the Retard of Survey tmwded in Book 85 of Surreys A Ma 27.27A. King County rt=&. City
of Amon, King County, Washington, in Sections 24 and 25, Towndtip 23 North, Range 4 East,
W.M., said easement bein on, under, over, and abo a strip of lad the sidelines of which we
desaibd as folbws:
COM74PNCING a a brass disc monmaa in the mme rim of S.W. 16t6 Street said mon umd
hCM at de easterly terminus of amuse shown as 'N89037lrE 199.W', as said street.
nwmunmt and course are show- .7 the Retad of SUrM teem I in Book 85 of Surveys at pages
27-27A. Bring Cauety remds: i = S00'22V3'E 30.00 feet to the smdmty rigk-af w2y ha of
S.W. 16111 greet and the maherly boundary of Parcel 1 a sls m an said Record ofSuney; them
camly abet the mrftrly bmuxttay of said Pk 1 tram a aoem clan bens N89'nWM, aloft
the R of a cane m the left having a radon of 1940.08 tea and a cants &apt MOMV0', On arc
kq* of 97.O7 fits; thence ssupos m the Aemding com N86'45'TM 4.% Gmt; defoe taoem
So the pm=d'og courm abfg tie arc of a win to the right haft a radial of IM08 fin and a
(V antral angle of o0'3840', On arc k no of 21.14 lid th he POD4'I' OF BBCUIK'M-. thmse from
said PONT OF BEGIN M COMm®t along the arc of and tune faux a Magog clan blurs
pWo7'IrE i cmaral angle of 90'54'W. OR etc kogils of 29.67 fat; tbmte afoot Ac CWM17
Nboundary of sad Parcel 1, So8'95'S6•W 42.7o fat *gm N79'I3'4i'E43.64 fM d me le rbrg
said boundary fine SOl•54'12'611034 fat theta SWW,48'W 6.00 Iaet theca S01654'12'E
40.00 *gt; *ma N88'05'48'E 3.50 fat: Cem 901'54'l2'E244.24I= SOl0o0'lo'W 2131.i8
Crfat a the northerly hoe of tie Cg of Swalei Bow lAw ocli n rw*ef-nay as uneveyed by deed
receded order Renting No. 413101i1, Fmt Can" teoords; Omm dM said m lowly r6W
ffway S72.44.48'W 57.92 sett; theate knot aid d0&.oFvray NOI'00 NNE 1413.97 fat;
N88.59'50'W 7So far &mere N01WI00E 539.63 fat: N88'99'SB'W 5.0o feet theca
N0191WIVE 195JI fact theme N01'S4.12'W 337M far tbetta NSVW48'E3.00 far tdma
N0I.54'12'W 90.48 fat m ebe port of l gi iat.
Comsiug 3.48 acres
See Exhibit 8.1 Attached
The Basis of Bruntrp for this dnm* mn is tht
a pops 27-27A. Lint Carry retards.
Book 85 ofSwap
flta1 a27-0IIa Fos Ra61 az2-53H pi -LmdKWDff*N*' iaasaat lmpist
� Odle
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IFIC
P304 N.E
A 9g009.9W
£XHIBI'S A,2
SANITARY SEWER EASEMIENT
an at a sstu<arY$000,` G of the Reaxd of Survey
f Boa gaOf s rejs at pales T127AL recadsAf NE 1!
23 Nord , R� 4 Fat, lY,M , `3d � we t>� �
sidd of Wbkb we desmUed as fo IOW
G; discs aM>� dte ably bowdY7 of isd Puac1 G
* the SE wrrr� of sttd Puee1 8� yf t�63'M'%.=184-A
qsL Brie of 5Me SYf l!A of dte NE U4 of .86 *d tv He sow bw of slid
S73'B2152-W 29.57 feat; dawo So •
d Sg f•S f 42'E 28.12 feet to the Pow of B -
031 acres
ibit B.2 Attached
* m Book 85 of SurMs
of Beariais for this desaipdoa is the Record of Survey = r" —
f 27A R ComY words.
f
lk
t �-
— .�K�172-Sint 17aaMq•��•���•Laai`are �•&*@wood
SECTIONS 24 & 25 TOWNSH P' 23 -
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PARCEL 1
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GRAPHIC
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1 inch
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PARCEL B
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PARCEL C I
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NORM RANGE 4 E Wd
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MMM OF 'hE SE 1/4 OF TW W 1/4 MrAKW
(6tkOJICtOiI M Wd,MD19 PfIO!omm
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SECTIONS 24 & 25 TOIPNSWP 23
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SEMIER UNE
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PARCEL $
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PARCEL A
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PACIFIC
C0N.E.
P8 -97r Bel krue, l!w 98 W 9-9761
El41IBiT C.2
TEMPORARY SANITARY SEWER CONSTRUC Mf%' EASEMENT
An easemoera for die construction of a sanituy sewer syaw in dig portion Pncel C. F, & G as
shown on die Record of Survey recorded in gook 85 of Smveys a pages 27-27A, King Coorq
records, sage in die NE 114 of Section 25, Tovrashp 23 North, Rage 4 Eris, W.M., ad which
lies south" of the Bore Lake pipeline i recording A4131067 said eaaneos being on, o der,
aver. and along a sup of Lod the sidelines of which are described a f Alm:
Begummg a the NE carter of said ParW C said point abo oa the snwLaly right-d-way lac of die
Bow Like POe One; dseete Sill'02'S6"W 1904.28 fees w due awupaly fix of Paten G. tI - a%%
the sautb" lice of hmd G N87457 42`W 22.12 lea; dwace NOl'O2'56'E 599.44 feet *Amm
"V 14'10-W 09.06 feet; dmm MI.02%-E 102.38 fen; Brace SBB'57'04-ESS_62 feet; dueoce
N01.OQ'56'E 1022.68 feet to the saduerly kne of Brew Lake Pipeaw; of — along the wu"
lice of Bost Lake rpei'me N 72-44.48-E 39.50 feet as do point of b* w w
UIl
N
A, Conmini g L72 aces
rn
See Exhibit D.2 Attached
The Basis of Beacints for thin description is the Record of Survey tv+wrded in Boot 85 of Swveya
at pages 2727A, King Coady reea I .
MLr= FJW
l?0511374"Faatlomn-sla phwin-r- ioswiq•3vwf'iq•LaYssaAgtt/u•6arwnwras8w." , T
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P.4. Boa C-9770A
ue+te�v�.cn.vutav vta EMBIT C.1
TEMPORARY SANITARY SEWER CONSTRUCTION EASFA{ENT
An easmNeM for dte o9eam at
atd maintenance of a summY sever SO` in P"s I,A and 3,
ofthe Record of Survey recorded im Boot of Surveys at pages 27-27A. King County records, Cityof Rectal, King Comt3', Ww'ftwl is Sections to and ui of lands t 23 Norris Range 4
East W.M., said easrraaat being on, stder, ova, and along a Strip . land rim sidelines , w4aich
1NG at a bass disc momolnent m rise cgmalirc of S.VI. lbdl
am dte� lip �^ni' of a mussy dawn as 'N9'i°37'57'E 199.06
Ww said m audn"K beunyat pf retailed io Boot 85 of
as said meet, mammzm aodomse we on the Record SwveY
s at pages 27-27A, King CourtY records; dmctoe S00'ZY03'E 30.00 fey to die saudwdy
rioof-way line of S.W. 16th sored and the wr&ari' boundary of PM-cd 1 as shown on said
Record of Stavey; tltatce easterly a noltzdy botidaaY Of said Parcel I from a bgert dnr
bears N89'37'57E, along dw arc Of a carve 10 dw kf1 having a radius of 1940.OF fxs grad a '57'E
a+gie 92'S2'o0' ,sac ldtgth of 97.07 fey: thdtce w d1C P eced� carve Ng6'45S7
4.56 fret; destoe tsnbut >q the Ong coax along rite arc of a cave q dto rigpc harvutg a radsss
of 1680.08 fret sad a cenml angle of O0'38'40', an are � of 21.14 fed a the POINT OF
f 100. 8 fed
thence from said POINT OF BEGINNING mods iall along rise are of said one
from a » than beam N86'07' l7'E a teatal angle of 00'54'15', so we It no of 29.6E lea.
dtaacs along tr,�-asterly boundary of said Par 1 `S08'35'S6'W 42.70 tat: dtma N19';3'48'E
53.76 ted tte e3rissg said baouda7 Toe SOl'.,412•E 41.90 fed; d"m �'OS'48'W 10.00
fed; duty s a `54.12'E 70.00 fed; dtertz Sgg'05'48'W 6.00 lea: dw= Sol034'12'E 40-M
bed;damc.• N88'U5'48'E11.ODfey dtemwS01'S4'12'E244.40 feet:dmmoe501'00'10'W736.14
Re4 da mmm S38'59'SO'E 50.0D W dmoe SOI'00'10'W 4A0.00 feet tlkm ao ISDIN ' I" 50.00
ket; the m Sol'00'IO-W 909,79 fret; &eace yYg'S9'So'E 2t.ODf �d $1 �1B �?
lea m dot: UK&C y Tie of the City of Swmle Bar Este Pipeline tight sad conveyed
o i eye ��
receded tgda Rowed ng W. 413109, King Camry tecads; *two-
way S72'M'48'W 131.63 feet ahettoe leaving said �� way NDI'00'1o'E 1135.74 feet: *mz
dterwee Ng 6M i8 0'E 5AD fey; dw+oe•N01 54"l� 9900.4 bd Pm�of t po i w tea
Comtainimg 5.93 saes
lee Exhibit D.1 Attached
The Basin of Beatimis for din desaVM is be accord of Sam woorded a Book 85 of 5w"I's
Is Pages 27-27A. King Cmmy records. l t
METRO AJDC
1206E 6TtAM Fos f-IN) 5II-5MA
Flora{ • fapatetit{ • SrveYiat • Laaiege f.rmp • 6wm� trntees
108' SEWER INTERCEPTOR FASERder
Fox and i n ro a¢deratioof the payment set forth herein, and
n the, val.sble c sidecat ton the reeipt of which is hereby
acknowledged. LONGACRES PARS. INC. , a Washington corporation
and wholly -awned subsidiary of The Boeing Company, ('Grantor'
her et nM c.). hereby grants anveys to the INAICIPALlty OF
MFTROPOLITAN 6FA3'ILE. a municipal corporation of the State of
washington. ('Metro' herein), for the purposes hereinafter set
forth a nonexclusive perpetual easement. Over, across add
under the real property (the 'Easement Area'), in King County.
Washington as described on Exhibit A and depicted on Exhibit
B. which such exhibits ate attached hereto and incorporated
m her n by this reference Durrng the initial ....tructian
M area only. the
Exhibit Easterner Area shall include an
additional C add deP a ctea on Ehibit D.
which such exhibits are attached hereto add incorporated
O herein by this reference-
~ This easement is gtested snblect to and cuaslutionet upon
~ the following terms, conditions add covenants which Metro
hereby promises to faithfully and fully observe and perform.
1 pyrRySg Metro shall have the right to construct,
install . operate. m amain, repai c. remve. replace. enlarge
and use a One Hundred and Eight ties) fear seamer interceptor
together with all connections. manholes and appurtenances
thereto for the foregoing purposes.
3 Comr,l,ance
withya3_and Rules. Metro shall at all times
exercise itarigbts herein in accordance with all applicable
statutes, orders, rules. regulations add reguirevents (as from
time to time amended) of any public authority having
p,rtaairtion
3 Papheni In consideration for the grant of the easement
set forth herein. Metro shall pay Grantor as follows:
A. For that portion of the northern met approiiiately
g rx hundred (600) lineal teat of the Easement Area (16.1E5
8 square feet), as shown on exhibit B, Metro Shall pay Greater.
m for the permanent assessor Set forth herein. the and of Fifty
Six Thousand Five Hundred and .1100 Dollar. (856.500) within
forty five days after execution of this Agreement. Creator
Y and Metro agree that no value is given to the northern meet
w easement area Within the two hundred (200) foot shoreline
E sachets
C �p
A FAGu� 144W.
a
xi 1OLLP
8 Pox ins v m vn9 approximately forty two hundred
(4200) line a' feet of8theasement Area, a Blown on exhibit B
and more part.�ulatlf Aesctib.d below. Metro shall pay Grantor
not later Ilan February 15, 1999. for the permanent easement
Set forth herein, the sum of Three Hundred Five Thousand Five
n.Or ed shirty -nine Dollars t93n5.539), pI.. scella interest
on urb amount from the date of execution of this Agreement at
the rate of four percent (4t) per year (the 'SBCOnd
Payment •I
1 Parcel 1 Infiniti.. area (17,325 sq. ft) { 69,300
2 Pat„el A - 67,354 sq ft $235.739
3 Parcel B - none $ 0
4 Parcel G - nominal area within wetlands j Soo
provided, howwever, that Metro shall have no obligation to make
the Second Payment, if or, December 31, 1998. The City Of
Renton has awarded o acable construction
S contracts to extend Oakesdale Avenue B.M. along any portion of
i7 the ...aivng Basement Area.
V4
N C. In addition to the payments due under paragraphs A
yand B above. Metro shall pay Grantor the Amounts set forth
N below, payable monthly in arrears, pet parcel. pat month o
f4 fiartion thereof that said temporary construction easment
area ia in actual use by Metro. The tom 'actual .' as used
herein shall be construed to include only the period from the
start of construction of said sewer pipeline and
appurtenreconstruction
PoQe
d restoration of commission ofens an redement areas as provided
1 Parcel 1 - 10.055 as ft. outdid. xso. setback to
Oakesdale Ave. alignment
d 469/month
2 Parcel 1 - 8.094 sq. ft (remaining area) Oakeedale
Ave, alignment to south a" of Parcel 1
i 178/month
3 Parcel A - 19,880 sq ft. $ 812~.th
4 Parcel B - 9,590 sq ft { 393/mdnth
5 Parcel G - nominal a 10/m.th
4, samovar and Provision of Pill Materiel. In the event
that Metro encounters, or suspects that it has encountered any
hazardous substances in the Bagenant Area in furtherance of
its rights set forth in paragraph 1. Metro shall Cease all
2 "Aser
npelatknns an,l nn[tfy Giant OS If the exurenterend Or suspected hazardous substances are not thea
result of the acts
of Metro Grantor shall, at Itso ezpan
der cruiseio
If the material is h... Adeus, as determined by
applicable law If the mated al should prove to be hazardous,
then the Grantor shall at its our expense. remove. dispose.
or otherwise handle such hazardous substances. as necessary,
n accordance with applicable law, o oute the Easement
Area if a oote i acceptable to Metro. If hazardous
x
substances a ved. Grantor also shall provide substitute
nonhazardousmaterial to replace the removed material for
Metro to usein ce its operation. if nessary. Should the
encountered or suspected material prove not to be hazardous.
Metro shall proceed with the operations at its own cost, with
recourseno against the Grantor for the cost of schedule
delaysincurred due to the delay in operation. If the
encountered Or suspected hazardous substances am or may be
them salt of the acts or omissions
of Metro. Grantor•[
characterization of the substances involved and any removal.
disposal oI that handling out. incurred In connection with
the removal. disposal or handling of the hazardous substances
will be at Metro's expense, and Metro shall have no recourse
against Grantor for the cost of scheduled delays incurred due
<D to the delay in operation Any fill maternal provided by
Metro fox use in the Easement Area shall be sub)ect to
Boeing s prior approval.
N 5 Metro s Use and Activities. Metro shall exercise its
rights under this Agreement so as to minimize, and avoid if
N reasonably possible, interference wf th Grantor's give of the
t9 easement Area as set forth in Paragraph fi, herein.
A
fi Ciptrtg,-, Use of the Ez,
Easement
t Area
a Grantor resnot rsesinconsistent
thatsis entik to use the
Easement Area for any purpose not fnnalted to u with the rights
herein grant ad. placement
of but ot livited to use as o parking
lot and for ed. that of an unbell butd ors irrigation supply
line, building
that Grantor reaan not Easement[ or vwhitain
any building or other the
by the a rights
Area which
would ..r interfere ad itio the antor s.re er the sights [[vain
,lasted In addition, appropriate
reserves the right to plant any
sLead hall reins it deuce appropriate on Other
r topret Acea. Metro
shall reinstate such landscaping or otter improvements. if
they
are oratorInalin furtherance Of let[e•a exe[Ciring its
rights pursuant to Paragraph 1.
Metro and Grantor shall make provisions satisfactory to both
parties fox reasonable continued answer by both parties along,
ever end ace re the ....at Ate. dust., periode of
construction or ether activities by either or both patties.
Mello and Grantor erpresaly acknowledge aoa agree that earn
0
party s access in the Easement area may from time to time be
nobly restaicted o[ delayed as a ie9ult of COnstre<tton
alt—hoes st"he, party saEe'ngbf tiomablehtothe other ¢asonable Party
to. a"y costs o claim5 a¢ u sn
let tms<agr nsirtde delays
Each partypaaty ezpaess ly waives any such
lis
n.
uiring
eIn the tont Patty fatathe protec[ion of its fecil1t in 0[iotne[
persons or P..PPerry. such patty meastax such .loon YpOn such
.,me unaee the
notice w the ther Patty a. a es .... t�
uc.ms[ances. Eachsptrs aemer9enCy P[Ovreron shall not leave
party vhach eae[ctse
any type of ago ipment Or t Pintent [P[t0[atobthe Ceme[9encyhe[ party
in a war
that was nn
Matr9aL144 nd p 'ta ,: the event G[anto[ dalape of
su5penda far any [ nst rvcties of it6 Ne[Pme[ Service
Ta ainin9 Centel. %transhall ha Bole1PT rclatedito ott
mitigation and permits ari rse from related to mtre'S
of its rights and 50bligat iOOG under this E.....
Agreement li evice
Eacept to the extent of Grantor's
na gold
m d 1 gS onduct. Metro agreed tO luremcfy e
r� or willful ma c m ]O es.
harmless Gran`pr andx anptesentatdvesrfiomf avyeSnd all action..
e4 a9¢nt5 seavand�4nda�eclaim. 8vite. Yu69aant3. 1ten5, aMa[d6•
N liabrli[ies, kind o[ Character hateaever (hereinafter
O and damages of any claim fos Beat O iniurY
.-1 referred to as 'Claims')5esclu neAgeae ana [aa..... e [
e4 to employees Of intro. co e
M attorneysfees
feesaingndirectlYGol indi[eetly E[om�on�c.om[
of. o neactiOn with NetrP s operation. mintensease and
-
control[ofato Easement .tine oftheforegoing obligatte ion Mich
respect in all O[ anp porthe of tint permitted by
such obligation b: vhelshallcePplyhtO the pumazimw ex eat a 2a 1
RCW 1 24 115. a
g a ,Out Slit right. herein granted shall Continue
un<il such rime a Matra ceciva Yeecse. Sedassistant fiit at
..count a period of five (5) aucc ae
ent shall terminate and all r9hts hereuvder .ball [evert
to Glamor
id Notices Noticed required to be in writtn9 uniatethin
agreement shall be personally served d[ dent fi tag to have
J E. moll Aay ..tree given bT mall 6ha11 be from the
been teceived when the. day. S �..it add[eaeed esefolloer;
notice was deposited in
the
4 nap
0
To Grantor
Longacres Inc
cio Boeing Comaetrial Airplane Group
P O Bar 3207 - WE 75-66
Seattle. WA 98124-2207
Attu. F..... t... ... raveling
Phone-- Manager of Planning B
Leased Properties
with a
Copy to
Boeing Commercial Airplane Group
P O. Box 3709 - WE 76-52
Seattle. WA 98124-2207
Alto- nlvisian Counsel
Phone: (206) 237-2682
To Metro
Metro
a21 second Avenue M.B. 122
Seattle. WA 98104
Attn: Super
Right-of-way 6 Property
a
Ei
ther nM1party may change the eaprvs to which entices only mp
� he given by giving n0[ic8 as above provided.
11 Access Metro shall have the right of reasonable access
e
.y to the Easement Area o and across adlacent lands owned by
y Grantor to enable Metro to exercise its rights hereunder,
t9 provided that Metro shall compensate Grantor for any damage to
the Easement Area caused by the exercise of said right of
12 Tsile The right. granted herein are subject to permits.
leases, licenses. and easements, if any, heretofore granted by
Grantor affecting the Easement Area. Grantor does Act warrant
title to Its property and shall not be liable for defects
thereto or failure thereof
13 Sic and Axaions. The rights end obligations of
the partie.�shall inorn to the benefit of and he binding We
their respective successors
and a6sigas. Effective Janus" 1.
1994. Metro will beconsolidated with King County, a home rule
charter county of the state of Washington, by operation of
law Thereatter. King County shall have all rights,
obligations and benefits under this Easement Agreement.
14. Termination for Breach. In the event MettO BreBChes or
fails to perform or observe any of the terms and conditions
herein, and fail. to w ..on breach or da[ault within ninety
(90) days of Grantor's giving Metro written series thereof,
or. it not reasonably capable of being Cured within such
I
ninety (go) days. within such other
period of time is may be
reasonable in the circumstances. Grantor
may terminate Metro's
i ihts under this Agreement in addition
to and not in
LLmataH on of any other i.medy of Grantor at Is. Or in equity,
and the fa,lure of Grantor to a c
stoterminate
such right at any time
a hail not wa kae Grantor's right
for any future
b,eaoh or default
'/
GAT day of
U> 1993
METRO-
GRANNR+
Muniry alvty of Mgt.:-�Ill..
Seat
LOngaCres Park, Inc
BY
c`
RY
'
T�
i
Dm�hwITS
STATE OF WASNINGNN)
as.
COUNTY OF RING _ f 1 •- l..
/I
On this � day of //(X'l r—E2 . 1993, before me
m the undersigns Personally ppeared J. J NELSON to me kww
to be the Vace President of LONGACRES PARK, INC . the
cOz por anon that exe nted the foregoing ioatru0ent. and
acknowledged the said instrument to be the free and voluntary
act and deed of said corporation. for the se and purposes
hu
erein mentioned, and ON oalth star that he authorised to
execute the said instrument.
WP[NISS my hand a arioffi e 1 day
and year first shove Written. c ,
at
My
STATE OF WASNINGNN)
66.
COUNTY OF KING )
On this j day of MaLsCA 1993, before me
the undersigned peryOnally appears ijLrklto me kngmn
to be Fhe Via.. u/:IwelaJ of the MONICIPA l= OF
METROPOLITAN'SEXTTLE. the Corporation that emanated the
foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation,
for the uses
and purposes therein mentioned, and on Oath
stated thathe is authorized to execute the said instrument
WITNESS an, hand and official seal hereto affixed ChB day
and Year first above written
�+L 'd9d✓ac
Notary public in and for the
State of Nas1�)ngton residing
Ky c ssiod expire Sip-Ri
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SANITARY SEWER � P.AST34 rr
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An eazemar for the'..maawnana ofaataaryfeeTn syesem MFMOWI Iof MORecom.dScov,
recorded m Bank M of Surveys ar Now 27-27A, Kag County records. City of Remo. Kag Comty,
Webingwn. m Seam U. Township 23 North. Rmge 4 East W Af., aid east being on, order, ova,
. aloug a cry of God me sWat iw of which We rmvMd az fopowr.
COMMENTINGRab=u cmommeatmWereaRrlmaof S.W 1G65hct aid mr�peaB err we
eazeny wmamn of a amm shown ae'N89°3T•STB M 06'-. a eard meet, mammant and ctemse Wa
shown on me Record of Survey recorded a Book fly Of Surveys a pages 27-27A, King Coirmy cords,
Hence Soo°22'03'E 30 0o der a Me =duty nghfcf-way lire of S. W 1Wb Strut and tin ovMary
boundary of Pure 1 ac shown on said Reardrf Sacry-lama Gnarly Wang din rordhely bmutley offset
Parcel 1 from a Mean as acts N89'39•7I-E, cle, ere We of a ao,n, m the raft having a rtliue or
N86-45V-E4 6fiam ounce 0reece, 0' Me
auf9T0'GM dvsr of aeto MenearNrectus Of
900fee, thence ranges anther Pat@38' ' use fangthe of ofaonce Wed rent POINT
0 B radius of I8g008 fin and r ¢opal angle of 00.38'd0', an ec kngN M 2t..14 tee m t4 rM Ent OF
t0 BEGINNING, = Nthaaaa� from sfd POINT OF ,,, an& G ogfoS Ug sang me K of 29 saw 6mv a
e9 imgefd a et bean NBT°M4'9T•E ood FrO a antral mgle of 00'S4'IS', e. arc,cogs'1 29.6] 3. tlieva
N fore Me emery brwdary of as Bar A 1. 808.110 UW ct, Afar, Marc, - Nw 6 M fees,
teq
p ftraoSOI-5 laving and feet M ee 33-54-12M.48.11 130,34 fat ama I-54-1 -E W fio; faG dsma
H Sol`W'11-E ao00 fin, Nvrs fetch
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Recording Numben 6113352, 6150815• Goal 6293635, King Crusty records.
ITe Rum of BWuOnp far ab defaipWn 4 the BxnN of Sn2J occeft,$Burt"of Softness
at pages 27 VA, KIM Count, secords.
See Exhibit 8.1 Attached
son mr N I
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to: Attar recording, return EXCISE TAX NOT REQUIRED
treturnJQV CO AaaaMs
�
Ojey(p„
DAVIS WRIGHT TREMAINE
1501 FOMM AVENUE, SUITE 2600
SEATTLE, WA 98101
ATTN: Katherine Kramer laird
y
EASEMENT AGREEMENT
�.
This EASEMENT A� GREEMENT ("Agreement") is made this day
Of. 1996, by and between THE BOEING COMPANY and
>4
LO CRES P , INC., a Washington corporation ("Grantors") and
McLEOD DEVELOPMENT COMPANY ("Mcleod"), a Washington 'corporation
("Grantee").
y
RECITALS
A. Grantors own property immediately adjacent to and east
of the McLeod property, which property was formerly the Longacres
j
Park Racetrack ("Boeing Property"). The western boundary of the
Grantor's property is the Burlington Northern Railroad ("BNRR")
sight -of -way. The Boeing Property is described with
particularity in 8xhibit A, attached and incorporated by
reference.
B. Grantee owns property in the City of Tukwila adjacent
to property owned by Grantors in the City of Renton. Grantee
also is the loose* under a long -tarn ground lease of property
owned by Bolen nelson, a single individual (collectively, the
O
"Mcleod Property"). The McLeod Property is described with
-- wawa
�J
particularity in Exhibit B, attached and incorporated by
reference.
C. The KcLeod Property is traversed by a private road
known as South 158th Street. This road is also known as
South 158th Street terminates at the Burlington
Longaeres Way.
Northern Railroad right-ofrway at the eastern boundary of the
KcjAod Property-
D. The parties desire to enter into this Agreenant to
create an easement for parking purposes on the Grantors' Pr°Party
and to provide access to the area subject to that Parking
easement.
g, This parking and access easement is required as part of
N
an Settlement 1►greament between this Grantor
and in furtherance of
v4
M
6 , 199�.
and Grantee dated
0
AGREEMSit
A
NOW, TREFORE, in consideration of the sum of Ten Dollars
}
($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties
hereby agree as follows:
b, BAR1VQ EASZXZWT
1.1 Grant of issement
Grantors do hereby convey, warrant and grant to the Grantee
a perpetual, nonexclusive easement for parking purposes on the
Boeing Property, which easement shall be located generally as
shown and identified in Exhibit C attached hereto and
incorporated by reference, together with a lOns"lusivs Perpetual
@4 m\caret-MW/t.S.96 - y
fatrie
•
. -Op
n
right of ingressand egress toaccessthe parking easement area
("McLeod Parking Easement"). The McLeod Parking Easement shall
at all times include an area large enough to provide sufficient
space to accommodate 750 parked vehicles. Vehicles permitted on
the McLeod Parking Easement shall include automobiles and shuttle
buses. Buses, recreational vehicles, trucks, semi -trucks,
tractors, trailers or other commercial vehicles shall not be
Permitted.
1.2 The Parking Easement I shall be available for use by
McLeod parking attendants and maintenance personnel and *MC
Patrons," which shall mean visitors to the NoMwest Expo center
N who pay to park on the McLeod parking Easement during the
lA
..{ following times: off -hours, weekends and all day on Grantor -
recognized holidays if the Western portion of the Baeitaq property
is occupied by Grantor and on the occupants holidays if the
tO
western portion of the property is occupied by persons other than
Grantor. The Western Portion of the Boeing Property shall mean
that area shown and illustrated in Exhibit D attached and
incorporated by reference. "Off -hours" shall mean after 5:30
p-m- on weekdays. No overnight parking is allowed.
2. INGREBB AND =GRBSB EAeElD=
2.1 Grant of iass&smt
Grantors do hereby convey and grant to Grantee for the
benefit of the McLeod property a perpetual, nonexclusive easement
for ingress and egress over, along, across, in and through the
Boeing property, which "Ingress and Egress Easement" shall be
Ax2o\tl..:rnc.n,ut .s.va
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approximately located as shown and identified on Exhibit C
attached hereto and incorporated by reference. The Ingress and
Egress Easement shall be used for the sole purpose of accessing
the McLeod Parking Easement and maintaining as necessary the
McLeod Parking Easement, as set forth in Section i above.
2.2 Midtb of Resonant
The width of the Ingress and Egress Easement is twenty feet
or the width of the e3cisting roadway, whichever is greater.
3. RELOCATION
3.1 grantors, Right to Relocate
The McLeod Parking Easement shall be located as close as
possible to the eastern terminus of South 158th Street, at the
Burling_on Northern Railroad right-of-way, without unreasonably
interfering with Grantor's development and use of the Western
Portion of the Boeing Property. However, if necessary to
accommodate construction activities, the final location of
buildings and infrastructure on the Boeing Property or other uses
of theBoeingProperty by Grantor, Grantors say relocate the
McLeod Parking Easement and associated Ingress and Egress
Easement; provided, that (a) any such relocation shall be
effective only after 40 days' written notice to Grantee of
Grantors' intent to undertake the relocation, (b) any such
relocation shall be within the Western Portion of the Boeing
Property, and .(c) any area to which an Easement is relocated
shall be defined as the Easement Arena (as defined by Paragraph 4
below) from the date of relocation.
elf\r�seit.nw;t.S.% 4 "
m
<. RESY'RICiIOM ON ACCESS ES GRhNTEE
Grantee shall exercise its rights under this Agreement
solely on the areas encompassed by the Parking Easeaent and
Ingress and Egress Easement (collectively, the "Easement Areas"),
as shown on Exhibit C. Grantee shall exercise its rights under
this Agreement so as to minimize, and avoid if reasonably
possible, interference with Grantors' use of the Easement Areas.
Grantee shall, at all times, exercise its rights hereunder in a
manner so as to prevent bodily harm.to persons and damage to
property-
S. COMPAYIBLX Vogt
Grantors reserve the right to use the Easement Areas for any
N
VIpurpose consistent and compatible with the rights herein granted.
rl Grantors shall make provisions satisfactory to Grantee for
M
� continued access b � y Grantee along, over and across tine Easement
tD Areas during periods in which Grantors are conducting
fir
construction or other activities on the western Portion of the
Boeing Property.
i. INBURINCE 7%2QUIRR OME.
McLeod shall carry and maintain, and shall ensure that any
Contractor carries and maintains, Commercial General liability
insurance with available limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, including
death, and property damage combined, one Million Dollars,
($1,000,000) general aggregate. Such insurance shall be in a
form and with insurers acceptable to Boeing, which acceptance
zs2zoUw.�.a.�wn.4.% -
tattle b - -
U
shall not be withheld unreasonably, and shall contain coverage
for all premises and operations, broad fors property damage and
contractual liability (including without limitation; that
specifically assumed herein). Any policy which provides the
insurance requiredunderthis paragraph shall: (a) be endorsed
to name "Longacres Park, Inc., The Boeing Company.and its
subsidiaries and their respective directors, officers, employees,
agents, attorneys and assigns" as additional insureds
(hereinafter "Additional insured") with respect to any liability
arising out of the presence on the Boeing Property of McLeod,
NWEC Patrons or other persons whose destination is the McLeod
Property,. (b) be endorsed to be primary to any insurance
maintained by The Boeing Company or Longacras Park, Inc.,
d(c) contain a severability of interest provision in favor of the
(7 Additional Insured and (d) contain a waiver of any rights of
N
Csubrogation against the Additional Insured.
to McLeod shall ensure that any Contractor who uses licensed
vehicles in connection with construction or maintenance work
related to the easement granted hereby carries and maintains
Automobile Liability insurance covering all vehicles, whether
owned, hired, rented, borrowed or otherwise, with limits of
liability of not less than One Million Aollars ($1,00O,000) per
occurrence combined single limit for bodily injury and property
damage.
Mcleod shall cover or maintain, and shall ensure that any
Contractor covers or maintains, insurance in accordance with the
j 29M,,,....,.n..,.�,,.s.�
S"We 6
ti, ,
•
applicable laws relating to workers' compensation, with respect
to all of their respective employees working on or about the
Boeing Property, regardless of whether such coverage of insurance
is mandatory or merely elective under the law.
McLeod shall not access the Boeing Property unless McLeod
shall have first provided for Boeing's review and approval, a
certificate of insurance reflecting full compliance with the
requirements set forth herein. Such certificate shall list The
Boeing Company as certificate holder and shall be kept current
and in compliance throughout the period of the easement granted
hereby and shall provide for thirty (30) days advance written
notice to Boeing in the event of cancellation.
7. IRDOXIlICITIO1.
u'
d McLeod will indemnify, defend, and hold harmless Longacras
M
Park, Inc., The Boeing company, their respective subsidiaries,
N
rl and their respective directors, officers, employees, agents,
O
attorneys, and assigns (hereinaftea "Indamnitses") from and
against all actions, causes of action, liabilities, claims,
suits, penalties, fines, judgments, liens, awards, and damages of
any kind whatsoever (hereiaafter sClaims"), for injury to or
death of any person (including without limitation claims brought
by employees or invitees of McLeod or employees or invitees of
any Contractor of McLeod (hereinafter •Contractor")) or damage to
or loss of any property, or clean up or remediation of any
discharge or release of a hazardous substance, and expanses,
costs of litigation, and reasonable attorneys' fees rotlated
snttt�
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I r
r
thereto, or incident to establishing the right to
indemnification, to the extent such Claims arise out of or are in
any way related to the presence on the Boeing Property of Mcleod,
NWEC Patrons or other persons whose destination is the McLeod
Property. McLeod expressly waives any immunity under industrial
insurance whether arising from Title 51 of the Revised Code of
Washington or any other statute or source, to the extent of the
j indemnity set forth in this paragraph. In the event that McLeod
a is successful in proving that the foregoing_ indemnity is limited
jby RCW 4.24.115, McLeod shall defend, indemnify and hold harmless
the Indemnities to the full extent allowed by RCW 4.24.115. In
no event shall McLeod's obligations hereunder be limited to the
i
extent of any insurance available to or provided by McLeod.
I McLeod shall require each Contractor who desires access to the
V4
Property to provide an indemnity, enforceable by and for the
1 O benefit of the Indamnitees, to the same extent required of
McLeod.
For purposes of this paragraph 7, "hazardous substance"
means any dangerous wastes, hazardous waste, or hazardous
substance, as defined in the Cotmpreuensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42
U.S.C. 1 9601, at seg., or the Resource Conservation and Recovery
Act, as amended (42 U.S.C. S 6901, at seq.), or the Washington
State Model Toxics Control Act (RCW.70.1050) and any substance,
chemical, or contaminant regulated under applicable federal,
[]
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i
state, or local rule, order, decree, regulation, or statute
related to protection of human health or the environment.
Boeing agrees to provide reasonabl�l cooperation to Mcleod in
the defense of any Claim for which Boeing seeks indemnification
under this Agreement, provided that Boeing shall not be required
to expend any funds in.providing such cooperation.
s. TZTLS
The rights granted herein are subject to permits, leases,
licenses, easements,: encumbrances, existing title defects and
other matters, if any, heretofore granted by Grantor affecting
the property subjecttothis Agreement, provided however that any
Wsuch grants by the Grantor made after the date of this Agreement
V4 may not be inconsistent with or frustrate the easements granted
M
,04 herein to the Grantee. Grantor does not warrant title to the
0 Boeing Property and shall not be liable for defects thereto or
failure thereof.
{ 9. JkMCas
Notices required to be in writing under this Agreement shall
be given as follows -
if to Boeing/ Grantors: Boeing Commercial Airplane Group
P.O. Box 3707 - M/B 2R-71
Seattle, WA 98124-2207
Attn: Manager/Planning and Lease
Properties
Facsimile: (206) 544-5889
with a copy to the Designated Coordinator at:
e>rttts
-M �
If to Grantee: Stuart McLeod
McLeod Development Company
213 Lake Street South
Kirkland, wA
FACSIMILE: 206-827-9990
Notices shall be deemed effective, if mailed, upon the second
business day folloving.deposit thereof in the United States
mails, postage prepaid, certified or registered mail, return
receipt requested, or upon delivery thereof if otherwise given.
Either party may change the address to which notices may be given
by giving notice as above provided.
10. LESENHHTS TO RUN WITH Tam LAWD
This Agreement and all rights granted and all duties created
N
hereby shall run with the land, and shall bind and be obligatory
upon, and shall inure to the benefit of, the parties and their
C7
respective successors and assigns.
THE SOEING COMPANY
LONGACRES PARR, INC.:
onaacres ar , f c
McLEOD DEVEWPHZNT COMPANY:
BY
Its
2MO 1w..MW1t.nwu:.5.%
sutdo
10
i
I.71
STATE OF WASHINGTON )
COUNTY OF RING ) as.
On this 419--day.of 4a
u l 1996, before me, a
Notary public in and for State Washington, personally
appeared f's A/ raonali known to at (or proved to me
an the bass of satisfactory evidence) to be the person who
executed this instrument, on oath stated that 7,� was
authorize to acute the instrnaant, and acknowledged it as. the
✓%0"F � of THE HOEING CO"ANY Co be the free and
voluntary act and deed of said corporation for the uses and
Purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hareunto set ■y hand and official
seal the day and year first above written.
STATE OF WASHINGTON )
ss.
COUNTY OF RING )
01
On this /G day of u , 1996 , before me, a
M Notary Publican 'and fo a state f Washington, personally
(� appeared .T: "a,�/r, psrsonal y known to ae (or proved to me
e4 on the basis of sat ssfa�-story evidence) to be the person who
O executed this instrxssnt, on oath stated that P i was
authoriz to execute the instrumont, and acknowledged it as the
Of LONGACRES PARR, INC. to be the free and
voluntaryact and deed of said corporation'for the uses and
purposes mentioned in the instrument.
IN WITNESS WM=or, I have hereunto set my hand and official
seal the day and year first above written.
M7Y017�erwntdr W t.s.%
t«ai•
of
11
,
xbin t expires
Name Pelu J'
0
.IM
r
I
STATE OF WASHINGTON
Cot*= or RING
on this day of1996, before se, a !(
Notary Public In and for the State of Washington
appeared Stuart McLeod .-Personally
on the basis cZ satisfactory evidence)totbe the r proved to se
person
who
executed this instrument, an oath stated that he was authorized'
to execute the instrument, and acknowledged it as the President
of McLeod xlevelopment Company to be the free and voluntary act
and deed of said corporation for the races and purposes mentioned
in the instrument.
IN WITNESS WHEREOF, I have hereunto sot my hand and official
seal the day and year first above written.
C1 EIN4s0 ARY9.�PhQLIC iOfTPUBLIC and for $ to
of Washington, residing at
r1 * ; : * ��pppoointmen oVirs�e c7'
.ef
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`.wr�ett.nwl.S.1� 12
MMIBIT a - MSIMM -
PARCEL I
All that certain real property situate in the City of Renton, County of King, State of Washington.,
being Government Lot 14, and a portion of Government Lot 8, both in Section 24, Township 23
North, Range 4 East, Willamette Meridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said
Section 24, and a portion of the N.E. 1/4 of the S.E. 1/4 of said Section 24, and being more
particularly described as follows:
BEGINNING at the Southwest corner of the N.E. 114 of the S.E. 1/4 of said Section 24; thence
from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00'56'17'W
68.96 feet to the North line of Henry A. Meader's Donation Lard Claim No. 46; thence along said
North line N87'13'57'W 1462.38 feet; thence laving said North line 2400022'11'E 1022.22 feet
to the southerly right -of --way tine of I-405; thence along said southerly right-of-way line and the
south right -of --way line of S.W. 16th Street from a tangent that bears N62652'57'E, along the arc
of a curve to the right baying a radius of 543.14 fat and a ce=-A angle of 26'45'00', an arc length
of 253.58 feet; thence tangent to the preceding curve N89'37'57'E 1079.63 feet-, thence tangent to
the. preceding course along the arc of a curve to the left having a radius of 1940.08 feet and a central
fq angle of 02'52'00', an arc length of 97.07 feet; thence tangent to the preceding auve N86'45'57'E
n 4.56 feet; thence tangent to the preceding course along the are of a verve to the right having a radius
v 4 of 1880.08 feet and a central angle of O1 *32'55', an are length of 50.81 feet; to the northwest comer
eel of the parcel conveyed to the City of Renton under A.F. 08911030810, King County records; thence
along the boundary of last said parcel SOS'35'56'w 42.70 feet and N79913'48'E 59.77 feet to the
q4 west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court
0 Cause No. 52912, King County Records; thence along said west right of way line the following
eouises: S00'25'33'E 47.35 feet, SOl'48'32'W 44.26 feet, S07'14'42'E 48.29 ftet, S19.25'58'E
66.50 feet, S20.OS'30`E 40.14 feet, S30.5510'E51.32 feet, S39'53'54'E 32.19 feet, S30.06.16-E
76.04feet, S27.12'00'E34.56feet, S31°19'S0'E41.01fees, S36.00`41'E74.11fed, S31"50'12'E
42.02 feet, S42'0527'E 47.21 feet, S40'19'57'E47.67 feet, S45.25'52'E 59.32 feet, S50.37-12-E
39.63 feet, S51'16'55'E 68.16 feet, SSI-36.50-B 6L75 feet, N86059'20'E 94.92 feet,
S55'04162E 53.26 feet, S48.31'30'E 45.85 feet, S39'25'24'E49.84 feet, S36'49'16'E 46.76 feet,
S44.53'21'E 48.07 feet, f29.35'200E MAI fed, S30'48'416E46.69 fed, S20.07'49'E 85.72 feet,
and S24'18'590E 68.77 fact to the South line of the N.E.1/4 of the S.E. 114 of said Section 24;
thence along last said South line N87026'45'W 918.35 Sat to the POINT OF BEGINNING.
Contains 47.669 Acres of land more or less.
The Basis of Beatings for this description is the Record of Survey for Broadacres Inc., recorded in
Book 10 of Suuveys&q0V*N1diog No. T707189002, King County records.
L.S.
JLW/FIWC
12-04-91
REWARCI.LEG
3-2464-3806
E
J
•
.:v44'
PARCEL 1
Of
Renton, County of Kiag. State of
n real property situate in the City W, 114 of the S.E.
1l4, and of the T1.
Atl that ttrtai and being rtoore
Washington, being a portion of the S 1Y. 1(4 cf the N.E� dlam ", Meridian,
114 of Section 24. Township 23 Nonh, Range 4 East,
particularly descrihed as follows:
Margin of S.W.16di Street (South I53rd St.). `t^d'
ion of the North mu8 e.
Commencing at the intersect Addition to the City Records oS King
the West boundary of C.D. Hiiltnan's Earl vgtoni�Garde1 f Plus, Page 14,
r the Plat retarded is m, Weswly along said North margin,
Division Na. 1. as 4e d POINT OF CONUAV I. dtence from said TRUE
County: thence from sai W 257.00
WestMAY along said Nardi niargb' S89°"s7'S7'
350 feet to die �� pOiA'T OF BEGINNING of this PAR
ntmuil Ies, N00-22'03-W 214,06 feet to the
POIAT OF BEGINNING. a< right ang t-0f-way Iyx from a
feet; p`tence leaving said Northerly marg said Southerly via?1
light -of way line of SR 405; thence along thavtng a radius of 2765.00
Southerly nigh the are of a wrFe to the righ d
en, that bears N78° 13'S3`E, Gong of 26p.09 feet: thence ]ea�nC said
tang le of 05°23.22°1 an arc length POINT OF BEGINNING.
feet. and :antral �% .n,03'E 253.41 ices to the TRUE
Southerly right_Of--way line S00
Of land mare or tas.
CONTAINS 1.39 Acres for Broad=ts, Inc.,
Itic Basis of Bearings for this description is the RV d of Survey
No. 7707289002
The
in Book 1C of Surveys at Page 2• under Recordut; , King County
rded
records.
" hi F Ff
T r
L.S. 27193 IL
FWC
11-21-91
PARCELI.If-G
3-2464-3806
•
PARCELS
A11 that certain real property sincere in the City of Renton, County -of King, State of
Washington, being a portion of the S.W. 114 of the N.E. 1/4, and of the N.W. 1/4 of the S.E.
114 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being more
particularly described as follows:
Commencing at the imersection of the North margin of S.W. 16th Street (South 153rd St.), with
the West boundary of C.D. iiillmaes Earlintwn Gardens Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plan, Page 74, Rtcords of King
County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin,
607 feu to the TRUE POINT OF BEGINNING of this PARCM 1; thence from said TRUE
POINT OF BEGINNING, continuing Westerly along said North margin S89037'57'W 120.00
feu; thence leaving said Northerly margin at right smgles, N00022'03'W 187.07 feet to the
Southerly right -of way line of SR 405; thence along said Southerly right -of way lime from a
tangent that bears N75'40'56"E, along the arc of a curve to the right having a radius of 2765.00
ea feet, and a central angle of 02'32'57', an arc Mgt of 123.02 feet; thence kaving said
V: Southerly right-of-way line S00.22'03'E 2I4.06 feet to the TRUE POINT OF BEG NNING.
e4
t'9 CONTAINS 0.55 Acres of land more or less.
C�2
C' The Basis of Bearings for this desciptior, is the Record of Survey for Broidacm, Inc.,
co
01 recorded in Boole 10 of Surveys at Page 2, under Recording No. 7707289002. King County
retards_
=�79/
FWC
11-21-91
PARCELI.LEG
3-2464-3906
wsmaoraE rCn
,
8
PARCEL K
All that certain real propr_ry situate in the City of Renton, County of King, State of
Washington, being a portion of the N.W, 114 of the S.E. I14 of Section 24, Township 23 North,
Range 4 East, Willamette Meridian, and being acute particularly dacrAW as follows:
Commencing at the iMnsection of the North tttarght of S.W. 16th Street (SmA 153rd St.), with
the West boundary if C.D. WdIman's Farlingtom Gardens Addition to the City of Seattle,
Division No. 1, as per the Fiat recorded in Volume 17 of Plats, Page 74, Records of King
County; thence from said POINT OF COMMENCEMENT, Westerly along said North margim,
727 feet w the TRUE POINT OF BEGINNING of this PARCEL K. thane from said TRUE
POINT OF BEGINNING, continuing Westerly along said North !narim S89037'57'w 62.0D
feet; thence leaving said Northerly margin at tight angles, N00'22'03'W 170.90 fed to the
Southerly right -of way fine of SR 405. dmw along said Southerly right-of-way line from a
tangem that bean N74'21'17'E, along the arc of a curve to the right having a radius of 2765.00
feet, and a antral attgk of 01'19'39%am arc kno of 64.06 ieet; ft= kaving said Souherly
right-of-way line SDO'22'p3'E 187.07 fee» to the TRUE POIh7 OF BEGINNING.
CONTAINS 0.25 Acres of land morc or less.
The Basis of Bearings for this description is the Record of Survey for Broadaxes. Im.,
recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289D02, King Cmty
records.
FWC
11-21-9I
PARCELK.LEG
3.2464-3806
a
PARCEL L
All that certain real property situate in the City of Rem on, County of King, State of
Washington, being a portion of the N VJ. 1/4 of the S.E. 114 of Section 74, Township 23 North,
Range 4 East, Willamette Meridian, and being more particularly described as follows: .
Commencing at the inWsecuon of the North margin of S.W. 161 h Sued (South I53rd St.), with
the Rest boundary of C.D. Hillman's Earlingmn Gardens Addition to the Ctry of Searle,
Division No. 1, as per the Plat recorded in Volume 17 of Plus, Page 74, Records of King
County; thence from said POW OF COMMENCEMENT, Westerly along said Notts` margin,
789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; themoc from said TRUE
POINT OF BEGINNING, continuing' Westerly along said North margin S89'37'57'W 65.00
fed; thence N00022'03'W 15.00 filet; thence S89`37'57'W 50.00 feet; thence leaving said
Northerly margin at right angles, N00'22903'W 121.79 fed to the Sovowly right -of way line
of SR 405; thence along said Southerly right-of-way line from a tangent that bears
(d N71'52'08E, along Oe arc of a curve to the right having a radius of 2765.00 feet, and a
V, central angle of 02'29'09', an arc length of 119.96 feet; thence leaving said Southerly right-of-
4-4
wi way line S00'22'030E 170.90 fern to the TRUE POINT OF BEGINNING.
CONTAINS 0.39 Acres of lmd more or kss. -
The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc.,
recorded in Book 10 of Surveys at Page 2, under Recording No. 770728M, King County
records. _---
'-W-fl
FWC
11-21-91
PARGELL.IEG
3-2464-3906
ft rwwc,norw�
•
PARCEL M
All that certain real property situate in the City of Renton, CouP.ry of King, State of Washington,
being a portion Of the N.W. 1/4 Of She S.E. 114 of Section 24. Tovmship 23 North, Range 4 East,
Willamme Meridian, and being more particularly described as follows:
Commencing at the intersection of the Nosh margin of S.W. I6th Sueet (South I53rd St.), with
the West boundary of C.D. Hillman's Farl'mgton Gardens Addition to the City of Seattle, Division
No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence
from said POINT OF COMMENCEMENT, Westerly along said North margin, 8S4 feet; thence
N00'22'03' W 15.00 feet; thence S89.3757'W 50.00 feu to the TRUE POINT OF BEGINNING
of this PARCEL M; thence from said TRUE POINT OF BEGINNING, continuing along said
?
North margin S89`3757'W 65.00 fat, thence S44°37'57'W 21.21 feet; thence S89`37'57'W
124.11 feu; to the Easterly line of a parml conveyed to the Sate of Washington by deed
j
retarded under Auditor's File No. 5494126, King County records; thence leaving said North
`
margin of S.W. 16th Street along last said Easterly Grx N22'42'33'W 56.60 feet to the Southerly
n
I vq
right -of way line of SR 405; thence along said Southerly rightof-wzy line on a spiral chord
V
bearing of N66'40'47'E 68.54 tax; thence from a tangent that bears N68017'56'E, along the
arc of a carve to the right having a radius of 2765.00 fat, and s antral angle 6f 03°3427, an
s"S
are kaZth of 172.48 feet; thence leaving said Southerly right-of-way line S00'22'03-E 121.19
rx
feu to the TRUE POINT OF BEGINNING.
?7
CONTAINS 0,46 Acres of land afore or less.
The Basis of Bearings for this description is the Record of Survey for Broadaxes, Inc., recorded
in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records_
PARCELM.LEG
3-2464-3906
e±.
PARCEL B
All that certain real property sionte in the City of Renton, County of King, State of Washington,
being a portion of Henry A. Meader's Donation Land Claim No. 46 in Sections 24 and 25,
Township 23 N., Range 4 P., W. M., and a portion of Govermr4m Lot 13 in said Section 24, and
being more particularly described as follows:
BEGINNING at the Northwest comer of said Government Lot 13, thence from said POINT OF
BEGINNING along the North line of said Government Lot 13 S87.2645E 504.52 feet to the
northerly prolongation of the East lime of said Donation Land Claim No. 46; thence along said
prolongation and East line S02'46'03'PJ 1336.86 to the North line of the City of Seaak Bow take
Pipeline right-of-way as conveyed by deed recorded under Recording No. 4131067, King County
records; thence along said Notch line from a tangent that bears S84.32'34'W, along the arc of a
save to rite Iti t having a radius of 935.00 test and a antral angle of 11'4746', an arc kngth of
192.50 feet; then: tangem to the preceding curve S7214448"W 288.62 feu; thence leaving said
North lime NOI'02'56'E 154.52 fhca; thence NOO'56'17'E 1326.91 feet to the POINT OF
BEGINNING.
�1
,4 Contains 15.51 Acres of Land more or less.
Cal
The Basis of Bearings for this description is the Record of Survey for Broadaxes Inc., recorded in
OBook 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
MALIFWC
11-07-91
PARCEMLEG
3-24U-3806
//w--yi
7
'.i
s
ai
c5
6V
W4
C
•
PARCEL A
All that certain real - -operty situate in the City of Renton, County of King, State of Washington,
being a portion ,; henry A. Meader's Donation Land Claim No. 46 in Sections 24 and 25,
Township 23N., Range 4E., W.M., and a portion of Government Lot 8 in said Section 24, and
being more particularly described as follows:
BEGINNING at the intersection of the North line of said Donation Land Claim No. 46, with the
most Westerly line of Government Lot 13 in said Section 24; thence from said POINT OF
BEGINNING S00056117W 1257.95 feu; thence S01°02'56'W 154.52 feet to the northerly line of
the City of Seattle Bow Lake Pipeline right-of-way as conveyed by deed recorded under Recording
No. 4131067, King County records; thence along said northerly line 572`44'48'W 436.96 feet;
thence tangent to the preceding course along the are of a curve to the right having a radius of 122.55
feet and a central angle of 20°01'15', an arc length of 42.82 feet; thence tangent to the preceding
curve N87' 13'57'W 1377.91 feet to the East right-of-way line of the Burlington Northern Railway;
thence along said East right-of-way lire N02807'43E 1709.63 feet; thence tangent to the preceding
course along the arc of a awe to the left having a radius of 2107.00 feet and a o=al angle of
14°09'08', an are length of 520.44 felt to the westerly Imt of the former Puget Sound Shore
Railroad Company's Seattle Line; thence along said westerly line NO2°07'43'E 221.30 feet to the
southeasterly fine of the parcel conveyed to the State of Washington by deed recorded under A.F.k
8412140016, King County records; thence along said sou Masterly line N66' 17'56'E 35.69 feet to
a point on a line that is parallel with the South line of said Section 24, aril passes through the most
southerly corner of the southernmost of two concrete abutments tear the westerly extension of S.W.
16th Street; thence along said parallel line S87043'33'E 67.88 fen to the easterly line of said former
Puget Sound Shore Railroad Company's Seattle Lire; thence along said easterly line NO2°07'43'E
11.96 feet to the southerly right-of-way line of I-405; thence along said southerly right-of-way line
NSl'�,7'27'E 43.10 feet; thence tangent to the preceding course along the arc of a awe to the left
having a radius of 603.14 feu and a central angle of 19'04'30", an are length of 200.80 feet; thence
tangent to the preceding carve N62°52'57'E 90.32 fea; thence leaving said southerly right-of-way
line S00°22' 11'W 1022.22 feet to the North line of said Donation Land Claim No. 46; thence along
said North line S87'13'57"E 1462.38 feet to the POINT OF BEGINNING.
Contains 72.83 Acres of Land more or less.
The Basis of Bearings for this description is the Record of Survey for Broadaeres, Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
f.
S. 27193
MALJFWC
11-07-91
PARCELA.LEG
3-2464-3806
a
I
meta mfYnoe: �x
•
PARCEL C
All that terrain real properly situate in the City of Renton, County of King, Stan of Washington,
being that portion of Henry A. Meader's Donation Land Claim No. 46, in Section 25, T.23N.,
RAE., W.M., described as follows;
BEGINNING at the intersection of the South line of said Donation Claim, and the East line of
Government Lot IO in the N.E. 1.6 of said Section 25, thence from said POINT OF BEGINNING
along said South line N87'13'57'W 1842.9C feet to the East line of the Burlington Northern
Railway; thence along last. said East line N02006'48'E 129.69 feet and N02007143'E 251.58 feet
to the South line of the Bow Lake Pipe Litre as conveyed by deed recorded under recording No.
4131067, King County records; thence along said South line S87013'57'E 1377.63 feet; thence:
tangent to the preceding course along the arc of a atrve to the left having a radius of 152.55 feet and
a central angle of 20'01'15', an are length of 53.30 feet; thence tangent to the preceding curve
X72'44'48'E 427.04 fat to the northerly prolor<gation of the East line of Government Lot 30,
L^.
thence along said northerly prolongation SOI'02'S6'W 536.89 feet to the POINNT OF BEGINNING.
ti
c+; Contains 16.87 Acres of land more or less.
Ct
ri
The Basis of Bearings for this description is the Record of Survey for Broadaxes Inc., recorded in
M Book 10 of Surveys at page 2, under Recording No. 7707289M2, King County records.
tll. C/�lr
/L.S.27193 /% q
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MAUFWC
•
21-07-91 1
1
PARCELC.LEG
3-2464-3806
6
►noos��ga.crrr'
j
PARCEL F
All that certain real property siouate in the City of Renton, County of King, State of
Washington, being a portion of GOvermnern Lou 10 & 11 in Section 25, Township 23N., Range
4E., W.M., and being more paiucully desatbed to follows:
BEGINNING at the intersection of the South line of Henry A. Meader's Donation Lind Claim
No. 46, with the East line of said Govmwr&m Lot 10; thence from said POINT OF
BEGINNING along said East lute S01002'56'W 255.38 feet; thence leaving said East line
N881*I615V 1947.57 feu to a point on the East fine of the Burlington Northern Railroad
hShtof way which is 289.12 feet Southerly, as measured along said right -of way line, from the
Intersection thereof with the South life of said Donation Land Clain No. 46; thence along last
said East RM NO2.06'48'E 289.12 fee! to the South line bf Said Donation U4 CWrn; thence
U along said South line S87.13'570E 1842.90 feat to the POINT OF BEGINNING.
r4 Comaias 11.53 Acres of farad more or kss.
co;
U
Othe Basis of Bearings for this description is the Record of Storey for Broadaxes, Inc.,
wrecorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County
records.
FWC
11 21-91
PARCEI.F.LEG
3.2464-3806
s
PARCEL G
All that certain real property situate in the City of Renton, County of King, State of
Washington, being a portion of Government Lou 10 and 11, and of the S.W. 114 of the N.E.
1/4, and of the S.E. 114 of the N.W. 1/4, all in Section 25, Township 23N., Range 4E., W.M.,
and being more particularly described as follows:
BEGINNING at a point on the East line of said Government Lot 10, distant thereon
S01'02'56' W 255.38 feet from the intersection thereof with the South line of Henry Meader's
Doration-land Claim No. 46 thence from said POINT OF BEGINNING, along said But line
of Government Lot 10, a-:d the east fine of said S.W. 114 of the N.E. 1/4 of Section 25,
S01002'560W 1112-01 feet to aline that is parallel with and 545.E feet northerly of the East-
West courline of said Section 25 (ttit.aured along the East line of said S.W. 1/4 of the N.E.
t� 114); thence along said parallel line N87.57'42'W 1908.19 feet to a line that is parallel with
0 and 60,00 feet East of the East line of the Burlington Northern Railway right-of-way; thence
"-4 along last said parallel line NO2'06'48'E 554.48 feet; thence N04'08'49'W 550.24 feet to a
point on said East line of said Burlington Northern Railway right-of-way, distant thereon
�. S02'06'48'W 299.12 feu from the intersection thereof with the South Line of said Donation
Land Claim No. 46; thence S88'16'55'E 1947.57 feet to the POINT OF BEGINNING.
vl
Contains 46.06 Acres of Land more or less.
The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc.,
recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County
records.
FWC
11-27-91
PARCELG.LEG
3-2464-3806
Book
.,,. - ` hn,emtiaRrenm -
z ak.4' _
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419W;m
MMBIT B LASEKM
Legal description of Belau Nelson pzoperty
leased to McLeod under longterm lease
j,�G11L DESCRIPTION - - -
That portion of the Henry Meader Donation Claim No. tB in
Sections 22 and 24,.Township.22 North Range 4 Last, W.M. in Ring
County, Washington lying seat of the seat line of the P.B.P. i
Light Co. right of Way, vast of the vest line of the C.M. i St.
Paul Railroad right of way, north of the north line of the City
of Battle Now Lake pipaline.and south of the line of a track of
land con"yod to Robert R. Loney and Winona X. Lossy but
instrument filed under Auditor's file No. $904171210, records of
said county.
Ei1SEHIM AGREEMENT
ffi $IT B
a
McLeod property (South 9.34 acres)
t
DESCRItTICN:
ALL THAT PORTION OF GOVIRIDNENT LOT 11 AND ALLTHATPORTION OF NLARY NIAD"
DONATION CLAIM MO. 49 IN THE NGSTH I/2 OF THE NORTHWEST 1/4 _AND:TNAT PORTION
OF THI'SOUMLAST 114 Of THE NORTHWEST 1/4 ALL SITUATED IN SECTION2s. IWNSHIP
23 M04!TN. RANGE 1 LAST If. BOUND&D AS IOLLOW$: j
ON TRL WEST THE CHICAGO, MILWAUKEE AND ST, PAUL RAILWAY M►IN TRACE emmaLIMt-
AS LOCATED AND C09SYRDCTEO. AI CONVEYED BY DEED RECORDED UNDER RAGOADING ROM.
4AS241 AND 462943; - - OR THi LAST BY A LINE DRAW PARALLEL 111?i An DtsTANT i0 FRET WESTERLY
NLASURIU AT RIGHT ANGLES TO SORLIKOTOB BORT119 W RAILROAD COMPANY'S OLD MAIN
LINE TRACK CLHTEXIIJ11 AS NOW LOCATED AND CONETR==;
ON TV1 SOUTH BY A LINE DRAW PARALLEL WITH An DISTANT 390 MT'SWTTWMY AY
NIGHT ANGLES TO TIM SOUTE LINE OP-SALD GOVERNMENT LOT 43;
ON THE BOTH BY THE SOUTL MARGIN of TEE CITY OF SEATTL54 30 )soft WIDE SON
LAKE PIPELINI RIGHT -OF -MAY. AS CONVEYED TO TNS CITY OF SIATTLE.-BY 0190
RECORDED UNDER RECORDING 50. 4121097. -
LECIPT THAT POSITION TNitEOF. DESCRIBED As FOLLOWS; - -
BEGINNING AT A POINT ON TNt SOUTR LINE OF SAID DONATION CLAIM AND TSE LAST
MARGIN OF THE CNICAGO, MILWAUKEE, ST. PAUL A PACIFIC RAILROAD RIGHT -OP -WAY;
LP; THENCE EASTERLY A DISTANCE OF 120 FEET ALOMO BALD SOOTS LINE OF SAID
W4 DONATION CLAIM;
�( TNLNCE NORTNE&IMLY HLASURID AT SIOHT ANGLES TO SAID SOOTS LINE A DISTANCE OF
60 FEET;
Cq THING WESTERLY PARALLEL NITS SAID BOUTS LINE TO SAID RASTIRLY HAROIN OF SAID
04 CNICA60, MILNAtIKEE, ST. PAUL 6 PACIFIC RAILROAD DIONT-OP-MAY:
-C) TNEMCL SOUTUMV ALONG BALD RAILRAO RIONT-OF-NAY TO TO POINT OF MINNIHC;
tXCEIT ALL COAL AND MINERALS AND TRS RIGHT TO SEPLORE FOE AND MINE TSL SAME.
AS CDMtLYID BY DILDS RLCDRDLO-VMDn KING COUNTY RECORDING BOB. $404060609 AND
F
6404050609;
I SITUATE IN TEE CITY Of TOLNILA. COUNTY OF KING. STATE Of CASKINGTON.
EASEMM AGREEMENT
EZEIHAT 8
8 2
McLeod Property (Borth 4.7 acres) j
i
Dnatrilax:
- ?NAY POOTIOR OT sm"UNT LOT 4 IN SSC?ION 24. TOOMIP S3 mm. 1
- - -- RANOS 4-tUR R.R., AND TIM sLmVULAD=-D. C. 90. 49 10 SAID SECTI0I9 24.
OESCRI80 AS FOLLORS: j
SSSIMAK OR TIN: LAST LINK OF = QICAOO K19MAtW ! ADO 6T. ►AVL RAILMY
- 116ft-OP-WAT I" MW OMM OF TLL am" LM OP LAID MW MEAM D.C. SO 49;
TNENCL L.ISTSRLY AND PLRAUM TO SAID MAIN LISN OP TNL D.C. 983.S4 FM. On
- OR LM' TO' TQ VW Lin OF TU RO MWJ PACIPIC RAILEAT RIGNT-OF-EAT: -
UUM INRTLLRLT AND NORTMUTMT CVRVt 6 TO Ta LOT AUM SAID VW LINE Of
- Tu RIOff-DP-RAY lie MT. Mm 4R Lns. TO TNL sOOrm=r &m OP TNL
j nwm Jt9=lm ODOM tow go. 11ss (soars isms "am):
TNENCL 60M 88'49' RSST AtOft PAID L VrW..LT LINE OF COONIT ROAD 80.1 PEST. _
3i
RDRL OR'14N. 10 TWL iASTLRLT LIEN OF SAID CffICASO XILWAM= AND ST. PAOL
-
- RAILNAT, - RIONTdS'-NAY; - -
TLSNCS SO PMMY AL= LAID LINE OF RIW-K-MY Sal PELT, a= OR LESS, TO
inSLOIw oos
tSNR ili WITS ?RAT PORTION OF TAVTRD s00TR IS= SIRSNY ADJOINING. NHICL WON
r4 TArATIOR AT?AC= 10 SAID PROP9011 BY ®PMTM W LRN;
RPT PCPORTION T==F CORMM TO IWS VATS OF NASNIWTOW FM PICIRARY STATE
f C� 1104"T 00. 2-. JCT. an i-N TO JCT. PLL no. L IL mww. RY Rm RLCCXM
p.( am= aCOR9IN0 DD. Gw4w;
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SITOA?L,IN TRL CM of TOOILA, CIMIT OF 9100. STATE Of 9WINOION. - -
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ER PLAN
San Francisco ;_ • •
Figure 2-1. Site Plan for Proposed Action, Office Park (Dispersed Pattern)
20130801002219.001
s
CHICAGO TITLE INS. CO.
REF# Boll 5-6
When Recorded Return To:
Central Puget Sound Regional Transit Authority
Real Property Division
401 S.Jackson Street
Seattle, WA 98104
2013086 KING COUNTY, WA
02219
DOCUMENT TITLE: Agreement Related to Easement Rights
REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 9601231152
GRANTOR/BORROWER:
Longacres Park, Inc., a Washington corporation
GRANTEE/ASSIGN EE/BENEFICIARY:
Central Puget Sound Regional Transit Authority, a Washington Regional Transit
Authority
LEGAL DESCRIPTION: Portions of Lots 4, 5, and 7 of the Boeing Longacres Property Binding Site Plan
according to the plat thereof recorded in Volume 228 of Plats Pages 22 through
28, inclusive, as filed under Recording No. 20030221002404, and as amended
under Recording Nos. 20040108000164 and 20050504000673, records of King
County Washington, more particularly described on Exhibit A.
ASSESSOR'S PARCEL NO(S).: 088670-0040-06; 088670-0050-03; 088670-0070-09
20130801002219.002
Agreement Related to Easement Rights
This Agreement Related to Easement Rights ("Agreement") is entered into as of August 1, 2013 by and
between Longacres Park, Inc., a Washington corporation ("LPI"), and Central Puget Sound Regional
Transit Authority, a Washington regional transit authority ("ST").
Factual Background
A. LPI is the owner of certain real property located in King County, Washington, described
in Exhibit A to this Agreement (the "Property")
B. LPI and ST are parties to a Real Estate Purchase and Sale Agreement (the "PSA")
pursuant to which LPI will convey the Property to ST through a Statutory Warranty Deed recorded
concurrently with this Agreement (the "Deed").
C. The Property is subject to a certain Easement Agreement dated January 10, 1996 and
recorded in the records of King County under recording number 9601231152 (the "Easement
Agreement") pursuant to which the grantee thereunder (together with its successors and assigns, the
"Grantee") has the right to park up to 750 cars on property of LPI, including the Property, and the right
of ingress to and egress from said property, including the Property, both under certain conditions, which
as of the date of this Agreement have not been met. LPI does not believe that such conditions will be
met at any time in the foreseeable future.
D. In order to provide assurance to ST that ST's use and enjoyment of the Property will not
be adversely affected by the Easement Agreement, LPI and ST have entered into this Agreement.
Agreements
For and in consideration of the mutual agreements of the parties and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, LPI and ST hereby agree as
follows.
1. Factual Background..LPI and ST confirm that the statements set out in the Factual
Background, above, are true and correct and form the basis for the agreements of the parties under this
Agreement.
ST's Rights under the Easement Agreement. ST agrees that, although the rights of the
Grantor under the Easement Agreement are conveyed to ST by the Deed, ST will not exercise any rights
of the "Grantor" under the Easement Agreement except for the rights of the Grantor under Section 6
(Insurance) and Section 7 (indemnification) of the Easement Agreement.
3. LPI and ST Actions. If the Grantee exercises its rights under the Easement Agreement or
threatens to do so in a manner that either LPI or ST reasonably believes would adversely affect ST's
ability to use and enjoy the Property, LPI will promptly take such actions as may be necessary to assert
the rights of the Grantor under the Easement Agreement to relocate the Easement Area (as defined in
20130801002219.003
the Easement Agreement) and to relocate the Easement Area so that it excludes the Property. ST will
take such actions as LPI may reasonably request to cooperate with LPI to accomplish such relocation.
LPI will reimburse ST for any out-of-pocket costs it incurs in connection with such actions. In addition,
LPI will indemnify, defend, and hold harmless ST from and against any and all costs incurred by ST prior
to the said relocation of the Easement Area as the result of the assertion by the Grantee of its rights
under the Easement Agreement as such rights relate to the Property. ST shall provide written notice to
LPI as soon as is practical following the time at which ST becomes aware of any such costs, shall permit
LPI to defend or settle any claims by or against the Grantee in connection therewith, and will cooperate
with LPI in any such defense or settlement.
4. Notices. Any notice by one parry to the other under this Agreement shall be delivered
in the manner and to the addresses provided for in the PSA.
5. Miscellaneous. This Agreement will be effective immediately upon execution and
delivery by the parties. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which, together, shall constitute but one and the same instrument.
This Agreement shall be governed by the law of the State of Washington, without reference to its choice
of law rules. This Agreement supersedes any prior agreements, negotiations and communications, oral
or written, with respect to the treatment of the Easement Agreement as it relates to the Property and
contains the entire agreement between, and the final expression of, LPI and ST with respect to the
subject matter of this Agreement No subsequent agreement, representation, or promise made by
either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall
be of any effect unless it is in writing and executed by the party to be bound thereby.
6. Run with the Land. This Agreement touches and concerns the Property, runs with the
land, and shall benefit and bind the successors and assigns of LPI and ST.
Grantor:
Longacres Park, Inc.
Grantee:
Central Puget Sound Regional
Transit Authority
By: ' G% l3 By:
Name: Stmen E. Sahlinger
U XX:. tUgfWft
Approved as to form:
Sound Transit legal counsel
Name:
Its:
20130801002219.004
STATE OF WASHINGTON )
4
COUNTY OF )
On this c�29'1 day of 2013, before me, the undersigned notary public in
and for the State of Washington,.duly comrMssioned and sworn, personally appeared
to me known to be the
RAMpIll-4M f LONGACRES PARK, INC., a Washington corporation, the party that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day an ear' this Certific first above written.
IN.
Notary Public
State of Washington
ARLENE C RICE
My Appointment Expires Aug 15. 2016
STATE OF WASHINGTON )
1§
COUNTY OF KING )
On this day of
and for the State of Washington,
Signature:
Notary Public in and for the State if Washington
Notary (print name) 11122(Q"P.n� . 1'C 2
Residing at
My appointment expires:
. 2013, before me, the undersigned notary public in
duly commissioned and sworn, personally appeared
to me known to be the
of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional
transit authority, the authority that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said authority, for the uses and purposes
therein mentioned, and on oath stated that he/she was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
20130801002219.005
the Easement Agreement) and to relocate the Easement Area so that it excludes the Property. ST will
take such actions as LPI may reasonably request to cooperate with LPI to accomplish such relocation.
LPI will reimburse ST for any out-of-pocket costs it incurs in connection with such actions. In addition,
LPI will indemnify, defend, and hold harmless ST from and against any and all costs incurred by ST prior
to the said relocation of the Easement Area as the result of the assertion by the Grantee of its rights
under the Easement Agreement as such rights relate to the Property. ST shall provide written notice to
LPI as soon as is practical following the time at which ST becomes aware of any such costs, shall permit
LPI to defend or settle any claims by or against the Grantee in connection therewith, and will cooperate
with LPI in any such defense or settlement.
4. Notices. Any notice by one party to the other under this Agreement shall be delivered
in the manner and to the addresses provided for in the PSA.
5. Miscellaneous. This Agreement will be effective immediately upon execution and
delivery by the parties. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which, together, shall constitute but one and the same instrument.
This Agreement shall be governed by the law of the State of Washington, without reference to its choice
of law rules. This Agreement supersedes any prior agreements, negotiations and communications, oral
or written, with respect to the treatment of the Easement Agreement as it relates to the Property and
contains the entire agreement between, and the final expression of, LPI and ST with respect to the
subject matter of this Agreement No subsequent agreement, representation, or promise made by
either parry hereto, or by or to an employee, officer, agent or representative of either party hereto shall
be of any effect unless it is in writing and executed by the party to be bound thereby.
6. Run with the Land. This Agreement touches and concerns the Property, runs with the
land, and shall benefit and bind the successors and assigns of LPI and ST.
Grantor: Grantee:
Longacres Park, Inc. Central Puget Sound Regional
Transit Authority
By: By:
Name: Name:
Its: Its: F'Yo/LiiVL Nrzetvv-
Approved as to form:
Sound Transit legal counsel
20130801002219.006
STATE OF WASHINGTON )
COUNTY OF )
On this day of , 2013, before me, the undersigned notary public in
and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the
of LONGACRES PARK, INC., a Washington corporation, the party that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
STATE OF WASHINGTON )
COUNTY OF KING )
On this - -11- day of c:NA4,d. 2013, before me, the undersigned notary public in
and for the State of Washington,uly commissioned and sworn, personally appeared
vra c4 Cazu_I to me known to be the
ja A&:f1ye t0je-ai tu- of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional
transit authority, the authority that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said authority, for the uses and purposes
therein mentioned, and on oath stated that he/she was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
Signature: l` Li; �,
���`�%t&QL- 11 it,
Notary Public in and for the State of Washington
•�• �qN\\\11111 •�I
Notary (print name) EVanSThoms own
P o i r Residing at S�
W5 s.
V-
��'+.yg My appointment expires: 1. 3 •2OI�J
20130801002219.007
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Portions of Lots 4, 5, and 7 of the Boeing Longacres Property Binding Site Plan according to the plat
thereof recorded in Volume 228 of Plats Pages 22 through 28, inclusive, as filed under Recording No.
20030221002404, and as amended under Recording Nos. 20040108000164 and 20050504000673,
records of King County Washington, more particularly described as follows:
That portion of Lot 4 commencing at the southeast corner of said Lot 4; thence along the south line of
said Lot 4, S 89.59'25" W a distance of 397.76 feet to a point, said point being 50.00 feet easterly of
(when measured perpendicular to) the easterly margin of the BNSF Railroad right-of-way, said point also
being the True Point of Beginning of this described portion of Lot 4; thence continuing along said south
line, S 89°59'25" W a distance of 50.03 feet to said easterly margin of said railroad right-of-way; thence
along said easterly margin, N 02°06'22" E a distance of 207.47 feet; thence S 87053'37" E a distance of
50.00 feet to a line, said line being parallel with and 50.00 feet easterly of said easterly margin of said
railroad right-of-way; thence along said parallel line, S 02°06'22" W a distance of 205.63 feet to the True
Point of Beginning.
TOGETHER WITH that portion of Lot 5 commencing at the southeast corner of said Lot 5; thence along
the south line of said Lot 5, S 89°59'25" W a distance of 213.20 feet to a point, said point being 50.00
feet easterly of (when measured perpendicular to) the easterly margin of the BNSF Railroad right-of-
way, said point also being the True Point of Beginning of this described portion of Lot 5; thence
continuing along said south line, S 89°59'25" W a distance of 50.03 feet to said easterly margin of said
railroad right-of-way; thence along said easterly margin, N 02°06'22" E a distance of 672.79 feet to the
north line of said Lot 5; thence along said north line, N 89°59'25" E a distance of 50.03 feet to a line, said
line being parallel with and 50.00 feet easterly of said easterly margin of said railroad right-of-way;
thence along said parallel line, S 02°06'22" W a distance of 672.79 feet to the True Point of Beginning.
TOGETHER WITH that portion of Lot 7 commencing at the northeast corner of said Lot 7; thence along
the north line of said Lot 7, S 89°59'25" W a distance of 213.20 feet to a point that is 50.00 feet easterly
of (when measured perpendicular to) the easterly margin of the BNSF Railroad right-of-way, said point
also being the True Point of Beginning of this described portion of Lot 7; thence continuing along said
north line, S 89'59'25" W a distance of 50.03 feet to said easterly margin of said railroad right-of-way;
thence along said easterly margin, S 02°06'22" W a distance of 333.19 feet; thence S 87"53'36" E a
distance of 50.00 to a line that is parallel with and 50.00 feet easterly of said easterly margin of said
railroad right-of-way; thence along said parallel line N 02°06'22" E a distance of 335.03 feet back to the
true point of beginning.
STm ms provided by Data-treeLLC via Ws proprietary Imaging and delivery system. Copyright 2Do3, All dgid� reserved. 20131206001378.001
531+?)3
When Recorded Return To:
BNSF Railway Company
c/o HDR Engineering, Inc.
123 Second Avenue South
Edmonds, WA 98020
DOCUMENT TITLE: Agreement Related to Easement Rights
REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 9601231152
GRANTOR/BORROWER:
Longacres Park, Inc., a Washington corporation
GRANTEE/ASSIGN EE/BENEFICIARY:
BNSF Railway Company and BN Leasing Corporation
LEGAL DESCRIPTION: Portions of Lots 4, 7 & 9, BOEING LONGACRES PROPERTY, SECOND AMENDED
BINDING SITE PLAN NO. LUA-02-022-BSP (228/2) rec. 20050504000673 and Lots 27, 28 & 30, LLA 07-
068 rec. 20070911900008
ASSESSOR'S PARCEL NO(S).: 088670-0040-06; 088670-0070-09; 088670-0090-05
Documents prodded by Dpoi-t ee LLC vie Ws proprietary Imaging and delivery system. Copyright 2Do3, All rlgh� reserved 20131206001378.002
Agreement Related to Easement Rights
This Agreement Related to Easement Rights ("Agreement") is entered into as of November 20, 2013 by
and between Longacres Park, Inc., a Washington corporation ("LPI"), and BNSF RAILWAY COMPANY, a
Delaware corporation and BN Leasing Corporation, a Delaware corporation (collectively "BNSF").
Factual Background
A. LPI is the owner of certain real property located in King County, Washington, described
in Exhibit A to this Agreement (the "Property").
LPI and BNSF are parties to a Real Estate Purchase and Sale Agreement (the "PSA")
pursuant to which LPI will convey the Property to BNSF through a Bargain and Sale Deed recorded
concurrently with this Agreement (the "Deed").
C. The Property is subject to a certain Easement Agreement dated January 10, 1996 and
recorded in the records of King County under recording number 9601231152 (the "Easement
Agreement") pursuant to which the grantee thereunder (together with its successors and assigns, the
"Grantee") has the right to park up to 750 cars on property of LPI, including the Property, and the right
of ingress to and egress from said property, including the Property, both under certain conditions, which
as of the date of this Agreement have not been met. LPI does not believe that such conditions will be
met at any time in the foreseeable future.
D. In order to provide assurance to BNSF that BNSF's use and enjoyment of the Property
will not be adversely affected by the Easement Agreement, LPI and BNSF have entered into this
Agreement.
Agreements
For and in consideration of the mutual agreements of the parties and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, LPI and BNSF hereby agree
as follows.
1. Factual Background. LPI and BNSF confirm that the statements set out in the Factual
Background, above, are true and correct and form the basis for the agreements of the parties under this
Agreement.
BNSF's Rights under the Easement Agreement. BNSF agrees that, although the rights of
the Grantor under the Easement Agreement are conveyed to BNSF by the Deed, BNSF will not exercise
any rights of the "Grantor" under the Easement Agreement except for the rights of the Grantor under
Section 6 (Insurance) and Section 7 (Indemnification) of the Easement Agreement.
LPI and BNSF Actions. If the Grantee exercises its rights under the Easement Agreement
or threatens to do so in a manner that either LPI or BNSF reasonably believes would adversely affect
BNSF's ability to use and enjoy the Property, LPI will promptly take such actions as may be necessary to
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assert the rights of the Grantor under the Easement Agreement to relocate the Easement Area (as
defined in the Easement Agreement) and to relocate the Easement Area so that it excludes the
Property. BNSF will take such actions as LPI may reasonably request to cooperate with LPI to accomplish
such relocation. LPI will reimburse BNSF for any out-of-pocket costs it incurs in connection with such
actions. In addition, LPI will indemnify, defend, and hold harmless BNSF from and against any and all
costs incurred by BNSF prior to the said relocation of the Easement Area as the result of the assertion by
the Grantee of its rights under the Easement Agreement as such rights relate to the Property. BNSF
shall provide written notice to LPI as soon as is practical following the time at which BNSF becomes
aware of any such costs, shall permit LPI to defend or settle any claims by or against the Grantee in
connection therewith, and will cooperate with LPI in any such defense or settlement.
4. Notices. Any notice by one party to the other under this Agreement shall be delivered
in the manner and to the addresses provided for in the PSA.
S. Miscellaneous. This Agreement will be effective immediately upon execution and
delivery by the parties. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which, together, shall constitute but one and the same instrument.
This Agreement shall be governed by the law of the State of Washington, without reference to its choice
of law rules. This Agreement supersedes any prior agreements, negotiations and communications, oral
or written, with respect to the treatment of the Easement Agreement as it relates to the Property and
contains the entire agreement between, and the final expression of, LPI and BNSF with respect to the
subject matter of this Agreement No subsequent agreement, representation, or promise made by
either parry hereto, or by or to an employee, officer, agent or representative of either party hereto shall
be of any effect unless it is in writing and executed by the party to be bound thereby.
6. Run with the Land. This Agreement touches and concerns the Property, runs with the
land, and shall benefit and bind the successors and assigns of LPI and BNSF.
Grantor:
Longacres Park, Inc.,
a Washington corporation,
formerly known as Broadacres, Inc
By:
Name:
Title:
Date Signed:
Grantee:
BNSF RAILWAY COMPANY,
a Delaware corporation
By:
Name:
Title: AVp-CoMomte Real Estate Development
Date Signed: n.-;,( t
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assert the rights of the Grantor under the Easement Agreement to relocate the Easement Area (as
defined in the Easement Agreement) and to relocate the Easement Area so that it excludes the
Property. BNSF will take such actions as LPI may reasonably request to cooperate with LPI to accomplish
such relocation. LPI will reimburse BNSF for any out-of-pocket costs it incurs in connection with such
actions. In addition, LPI will indemnify, defend, and hold harmless BNSF from and against any and all
costs incurred by BNSF prior to the said relocation of the Easement Area as the result of the assertion by
the Grantee of its rights under the Easement Agreement as such rights relate to the Property. BNSF
shall provide written notice to LPI as soon as is practical following the time at which BNSF becomes
aware of any such costs, shall permit LPI to defend or settle any claims by or against the Grantee in
connection therewith, and will cooperate with LPI in any such defense or settlement.
4. Notices. Any notice by one party to the other under this Agreement shall be delivered
in the manner and to the addresses provided for in the PSA.
5. Miscellaneous. This Agreement will be effective immediately upon execution and
delivery by the parties. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which, together, shall constitute but one and the same instrument.
This Agreement shall be governed by the law of the State of Washington, without reference to its choice
of law rules. This Agreement supersedes any prior agreements, negotiations and communications, oral
or written, with respect to the treatment of the Easement Agreement as it relates to the Property and
contains the entire agreement between, and the final expression of, LPI and BNSF with respect to the
subject matter of this Agreement No subsequent agreement, representation, or promise made by
either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall
be of any effect unless it is in writing and executed by the party to be bound thereby.
6. Run with the Land. This Agreement touches and concerns the Property, runs with the
land, and shall benefit and bind the successors and assigns of LPI and BNSF.
Grantor:
Longacres Park, Inc.,
a Washington corporation,
formerly known as Broadacres, Inc
- .1- It
By:
Name:
Title: AUthorix9d Signatory
Date Signed: 1 4 s/ 13
Grantee:
BNSF RAILWAY COMPANY,
a Delaware corporation
By:
Name:
Title:
Date Signed:
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BN Leasing Corporation,
a Delaware corporation
By:
Name: Mark D.Ude
AVRCorporate ReW Estate Developt
Title:
Date Signed: 3—/3
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STATE OF WASHINGTON )
COUNTY OF )
On this day of 6l 9I1Yf kill , 2013, before me, the undersigned notary public in
and for the Ste of Washington, duly commissioned and sworn, personally appeared
S l I I #VA Z to me known to be the
f' f LONGA ES PARK, INC., a Washington corporation, the party that
executed the foregoi g instrunflent, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and yea 'n tl 's Certificate fir bove written.
Signature:
Notary r the State of Was ington
State of Washington
ARLENE C RICE Notary (print name) 1 P P_ f C.P.
My Appointment Expires :Aug15, 2016' Residing atp.
My appointment expires: C)
STATE OF TEXAS )
COUNTY OF )
On this day of . 2013, before me, the undersigned notary public in
and for the State of Texas, duly commissioned and sworn, personally appeared
to me known to be the
of BNSF Railway Company, a Delaware corporation, the party that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
Signature:
Notary Public in and for the State of Texas
Notary (print name)
Residing at
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STATE OF WASHINGTON )
COUNTY OF )
On this day of , 2013, before me, the undersigned notary public in
and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the
of LONGACRES PARK, INC., a Washington corporation, the party that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
STATE OF TEXAS )
COUNTY OF TARRANT )
On this day of JPcr_y11hCf , 2013, before me, the undersigned notary public in
d for the State of Texas, duly commissioned and sworn, personally appeared
?% L to me known to be the
, of BNSF Railway Company, a Delaware corporation, the party that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
Signature:: �rfYlaa Pl. Q�ii��
STA
MMY KH2 'N Notary Public in and for the State of Texas
PvblkSTATE OF TEXA8Notary (print name) TAMMY K. HERNDON
,1`_yCaom. Etp.10116/Z016 Residing at, � . I A�Cn o)
My appointment expires:
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STATE OF TEXAS )
COUNTY OF TARRANT )
On this 13 _ day of e"Yn10tr , 2013, before me, the undersigned notary public in
a d for th State of Texas, duly commissioned and sworn, personally appeared
a, to me known to be the
AJ561.Sccreiiiii of BN Leasing Corporation, a Delaware corporation, the party that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he/she
was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above written.
f ` Signature0CjYlrrn4-A ((Y0"aU).1
Esill
Notary Public in and forfor t�te of Texas
TAMNatwvPi Notary(printname) TAMMY K. HERNDON
STATE OF TEXAS * ,WR -JX
Residing at Comm. Exp. ilOM Z016
My appointment expires:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Those portions of Lots 4, 7, and 9, of BOEING LONGACRES PROPERTY, SECOND AMENDED
BINDING SITE PLAN NO. LUA-02-022-BSP, recorded May 4, 2005 in Volume 228 of Plats, pages
22 through 28, as Recording No. 20050504000673, in King County, Washington, described as
follows:
A portion of Lot 4, Parcel I, of said BOEING LONGACRES PROPERTY, SECOND AMENDED
BINDING SITE PLAN, described as follows:
Beginning at the Northwest corner of Lot 4 of said Binding Site Plan, said point being a point on
the Easterly margin of the Burlington Northern Santa Fe Railroad right of way; thence North
89°59'15" East, along the North line of said Lot 4, a distance of 50.03 feet; thence South
02°06'43" West a distance of 153.05 feet; thence North 87°53'17" West a distance of 50.00 feet
to the intersection with the West line of said Lot 4 and said railroad margin; thence North
02"06'43" East, along said West line and margin, a distance of 151.20 feet to the true point of
beginning.
TOGETHER WITH a portion of Lot 7, Parcel I of said BOEING LONGACRES PROPERTY, SECOND
AMENDED BINDING SITE PLAN, described as follows:
Beginning at the Southwest corner of Lot 7 of said Binding Site Plan and being a point on the
Easterly margin of the Burlington Northern Santa Fe Railroad right of way; thence South
87'14'40" East, along the South line of said Lot 7, a distance of 50.00 feet; thence North
02°06'43" East a distance of 130.09 feet; thence North 87053'17" West a distance of 50.00 feet
to the intersection with the West line of said Lot 7 and said railroad margin; thence South
02"06'43" West, along said West line and margin, a distance of 129.52 feet to the true point of
beginning.
TOGETHER WITH a portion of Lot 9, Parcel I of BOEING LONGACRES PROPERTY, SECOND
AMENDED BINDING SITE PLAN NO. LUA-02022-BSP, recorded May 4, 2005 in Volume 228 of
Plats, pages 22 through 28, as recorded under King County Recording No. 20050504000673, in
King County, Washington, described as follows:
Beginning at the Northwest corner of Lot 9 of said Binding Site Plan and being a point on the
Easterly margin of the Burlington Northern Santa Fe Railroad right of way; thence South
87°14'40" East, along the North line of said Lot 9, a distance of 50.00 feet; thence South
02°06'43" West a distance of 462.80 feet to the Northerly right of way margin of Strander
Boulevard; thence North 83025'26" West, along said Northerly margin, a distance of 22.07 feet;
thence North 02"06'11" East a distance of 17.77 feet; thence South 88057'45" West a distance
of 28.04 feet to the intersection with the West line of said Lot 9 and said railroad margin;
thence North 02"06'43" East, along said West line and margin, a distance of 445.41 feet to the
true point of beginning.
7 ZWPW4m
after recording return to:
Virgil R. Fox
921 Middle Fork Road
Onalaska, WA 98570
AGREEMENT
I*k
This agreement is made and entered into this J day of A? Rae_ , 1996,
The parties to this agreement are Virgil R. Fox and Carol A. Fox, husband and wife, A.
Bernard Conley and Ann Conley, husband and wife, doing business as Longacres Joint Venture,
(collectively "LJV'), and, Longacres Park, Inc., a Washington corporation, ("LPT').
and
RECITALS:
LJV has title to a parcel of real estate identified on attached Exhibit A C `LJV" Property"),
LPI has title to a parcel of real estate identified on attached Exhibit B ("LPI Property").
The LJV Property and The LPI Property are adjacent to each other such that the west line
of the LJV progeny forms the east line of the LPI Property. The LPI Property was surveyed by
Hugh G. Goldsmith and Associates dated June 24, 1979 and recorded under King County
W Recording No_ 8003119002_ The LJV Property was surveyed by Pac-Tech Engineering, Inc.,
p dated December 14, 1994 and recorded under King County Recording No. 9412209001. There is
LIS a conflict between these two surveys owing to confusion relating to the placement of an existing
Qmonument on S.W. 16th Street, the benchmark for both surveys.
O
W. H. Pacific, Inc., was contracted by LPI to review the findings of Hugh G. Goldsmith
and Associates and restake the common, boundary of the two parcels. A rendering of the work
performed by W. H. Pacific, Inc., is attached as Exhibit C.
it is the desire of UV and LPI to acknowledge this discrepancy and to agree to
themselves the common boundary between the LJV Property and the LPI Property_ In
consideration of the mutual covenants and agreements herein contained, the folloiNirg is the
agreement o. LJV and LPI.
L The common bounden' beta= the LJV Property and the LPI
Property is delineated on the W. H. Pacific. hic_ rendering,
based on the surwy performed by Hugh G_ Goldsmith and
Associates, and attached as Exhibit C_
2. The location of chain -link fence. appurtenant to the I -PI
Property is also ideniifiLxi on the attached Exhibit C.
3. In the event that said chain-Iink fence is either replaced or
relocated, it shall be relocate on the beundary line as delineated
on said W_ H_ Pacific rmxkring or Mthin the boundaries of the
LPI Property.
4_ LPI hereby y.aives any riot. title and interest to that portion cf
the UV Property lying xvcs:edy of said chain -link fence.
5_ UV hereby waivcs any right, title and interest to that por.Im of
the LPI property -'ding e..Stcrlti ofsaid chain4ink fence.
Pale I of 2
6\�,V
l
a
d
i
i wiretrw [M
AGREEMENT, continued:
LJV/LPl
This agreement is binding upon the parties hereto, their heirs, successors and assigns.
By: Longacres Jointy'60ture
Virgil
W
LONGACRES PARK, INC.,
a Washin on corporation
y
Its:
Cara A. Fox
Ann Conley cr
STATE OF WASHINGTON }
5S-
COUNTY OF
I hereby venue that 1 know or have satisfactory
csidcmce that VIRGII. R- FOX and CAROL A. FOX signed this
tt>_ttwncnt and aclatowiedit-d it to be their free and voltuttar- act for the tors and ptirposrs mentioned
in this instrument_
»
Uatrd. 3 : z Y
:
Legibly i'rint Stamp N
ata�
Now- Public it r r Sea
}1VR
y Residing at _
' _ V.
My anwintment expires:
STATE OF WA.SI L lGTO1 )
COUNHY OF
)
I hereby cettiiv that I iw3w or have satisfactory evidence that A. BERNARD CONLEY and ANN CONLEY r ned
r and voluntary act for the uses and purposes mentioned in this iiWument_
(Legibly Print or Stamp Name of Notary)
I'ttbtic in and for the State of Washington
Residing at Qedn=A WA
My appointment expires: W - 7
5 CA"fe: OF W&%HLNGT:)N )
SS.
COUNTY OF AI -� )
I h=+v ccn ry that I know" or have c:tufactory evedcnce that (� LS is the person xho
appeared before ine• aid vd person acl:noAWged 41at signLd this instrument, on oath stated that
'if a:nhori/A �o execute the insintment and acknowledged it as the
.Le u j _ :a be the to ti su,d rnlnntary act of such rmrt • for the tires mid pumnsec tntrtticxwd
in this i'inancri.
(ably Print or Stamp Name of Notary)
ti
Notar, Puh;ic in and ar the State of Washington
Residing at
+►, My appointniciit expires ' 7
i Pagc 2 of 2
+.m
•
AGREEMENT - LJV/LPI
EXHIBIT "A"
UV Property
PARCEL A:
. .........................
Ali that portion of the following described property lying southerly of F.A.I. Highway No. 405,
and southwesterly of an existing dr,.inage ditch right of way condemned by King County
Drainage District No. 1, October 1902 under King County Superior Court Cause No. 32912,
that portion of the southwest quarter of the northeast quarter and the northwest quarter of the
southeast quarter in Section 24, Township 23 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Beginning at the intersection of the north line of South 153rd Street, with the east line of said
northwest quarter of the southeast quarter;
thence westerly along said street 350 feet;
thence Northerly at right angles to said street line. 800 feet, more or less, to the southerly fine of
p Puget Sound Electric Railway Right of Way,
A thence northerly along said right of way 360 feet, more or less, to its intersection with the east
Q line of said southwest quarter of the northeast quarter;
thence south 860 feet, more or less, to the TRUE POINT OF BEGINi`UNG;
EXCEPT that portion conveyed to King County for Black; River ,function Renton Road;
AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State
Highway No. 1. by deed recorded under Recording Number 5516657.
PARCEL B:
That portion of the southwest quarter of the northeast quarter and the northwest quarter of the
southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County,
Washington, lying southerly ofF.A.I. Highway No. 405. north of Southwest 16th Street, and
easterly of the following described line:
Commencing at the southeast corner ofthe northeast quarter of said section;
thence north 0'337'I8" east along, the east line thereof, a distance of 245.22 feet, to a point on the
southerly right -of -kay lire of State Route 405, as per plan approved October 31, 1961;
thence south 86'2127 west along said southerly line, a distance of 1,340.63 feet, to a point on
the east line of said southwest quarter of the northeast quarter:
thence continuing along said south line, a distance of 121.91 feet to the beginning of a non -
circular curve:
thence westerly along said non -circular curve parallel with and 100.00 feet perpendicularly
distant from a spiral curve along the centerline of said State Route 405 to a point which bears
south 85`53'08" west, a distance of 166.46 feet from the heeinning of said non -circular curve,
said point being on the westerly ane of a 40.00 foot vide drainage ditch right-of-way as defined
in King County Superior Court Cause Number 32912; and the point ofbegnirning the line herein
described:
thence south 44'W28" east. a distance of 92.16 feet.
thence south 49°39:28" east, a distance of98 06 feet;
thence south 33'09'28' east, a distance of 93 44 feet;
thence south 12'24'28" zest, a distance of 50.21 feet to a point on the northerly right-of-way
lint- of Southwest i6th Sheet and the wrminus of the line herein.
Paige 1 or 2
IT.
A
EXHIBIT "A" continued:
UV Property
EXCEPT that portion thereof described as follows:
Commencing at the southeast corner of the northeast quarter of said Section;
thence north 003718" east along the east line thereof; a distance of 245,22 feet, to a point on the
southerly right-of-way line of State Route 405. as per plan approved October 31, 1961;
thence south 86021 `27" west along said southerly life, a distance of, 340.63 feet, to a point on
the east line of said southwest quarter of the northeast quarter, the point of begin. -kg;
thence continuing along said south line, a distance of 99.96 feet;
thence south 28°46'56" east, a distance of 145.84 feet to a point on the east line of :he
northwest quarter of said southeast quarter;
thence north 00"54'17' east along said east line, a distance of 78.4 feet;
CO) thence north 00055'05" east along the east line of the southwest quarter of said northeast quarter
C+t
a distance of 104.29 feet to the point of beginning_
C
tf�
94
C�
t
1'rgc 2 of 2
A
C
AGREEMENT - LJV/LPI
EXIJIHIT -B-
LPI Property
Parcel I of Boeing Survey filed in Volume 95 of Surveys, gage 27, and recorded under King
County Recording Dumber 9201169002. being a portion of the southwest quarter of UX
northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23
North, Range 4 Bast, W. M.
m .:f1"`.m%,4d259(,88 tbdnro
f �
i
-- -
EXHIBIT C .
. I -
1
r
II
1
1
1 '
Mr�fKrww
tw r Mew
1 f�r� •Y►Ia<
• 1
1
1
1
1
1
1
0
WFIF'N RECORDED RI IURN To.
OlTiRol unhcc8rclat
vil
Rcnlw, UTILITIES EASEMENT
MunkipH flvibing
200 Mill Arcnuc South
Rcoton, WA 96055
I4yp1 N4071, IkKMg Cuanma
4,•�•r r,untng� 7Cenitt
.Q lMJrc.2,1510—
yore: tmcc•ccllnn Notch .M S..Ih
n yX IMIISIMCI hrl•c OAA*
�11 Tl� --DOiJ Xe
ACCESS EASEMENT
(On -Site Storm Water)
For and inconsideration of One Dollar ($1.00) and other valuable
consideration the receipt of which is hereby acknowledged, Longacres Park,
Inc ., a Washington corporation, ("Grantor" herein), hereby grants and
co..veys to THE CITY OF RENTON, a municipality ("City" herein), for the
purposes hereinafter set forth a nonexclusive perpetual access easement,
over, across and under the real property as described in Exhibit A hereto
IM (the "Property"), in icing County, Washington.
CThis easement is granted subject to and conditioned upon the
j « following terms, conditions and covenants which the City hereby promises
to faithfully and fully observe and perform.
.1
1. per. The City shall have the right to access the Property for the
purpose of observing that Grantor is properly operating and maintaining the
drainage facilities constructed pursuant to that certain engineering plan
approved by the City, Plan No. TED-40-2071, dated June 15. 1994.
2. Compliance with Laws and Rules. The City shall at all times exercise
its ri Is here in rdan Wl. f
g >n acco cc wr the requtremems (as rom ume to time
amended) and all applicable statutes, orders, rules and regulation of any
public authority having jurisdiction.
3. 10 Use and A these. The City shall exercise its rights under
this Agreement so as to minimize, and avoid if reasonably possible,
interference with Grantors use of the Property m set forth in Paragraph 4,
herein.
4. Grantors Use of the ProAe; y and Access by Grantor. Grantor •
reserves the right to use the Property for any purpose not inconsistent with
the rights herein granted. 14
3356024famQ11.96
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 1 of 12
Order.' king Comment:
•
•
5. Jpdemnijy. The City agrees to indemnify and hold harmless Grantor,
Grantor's directors, officers, employees, agents servants and representatives
from any and all actions, liabilities, demands, claims, suits, judgments, Liens,
awards, and damages of any hind or character whatsoever (hereinafter
referred to as "Claims"), including claims for death or injury to employees
of the City, costs, expenses and reasonable attomeys' fees incurred by
Grantor in defense thereof, asserted or arising directly or indirectly from, on
account of, or in connection with the City's operation, maintenance and
control of the Property (and improvements thereon). With respect to all or
any portion of the foregoing obligation which may be held to be within the
purview of RCW 4.24.115, rush obligation shall apply only to the maximum
extent permitted by RCW 4.24.115.
6. Bit. The rights herein granted shall continue until such
time as the City ceases to use said Property for a period of five (5)
successive years, in which event this easement shall terminate and all rights
hereunder shall revert to Grantor.
7. Noticn, Notices required to be in writing under this Agreement shall
Ji be personally served or sent by U.S. mail. Any notice given by mail shall be
M deemed to have been received when three days have elapsed from the time
such notice was deposited in the U.S. mail addressed as follows:
To Grantor: Longacres Park, Inc.
c% Boeing Commercial Airplane Group
P.O. Box 3707 - M/S 2R-71
Seattle, WA 98124-2207
Ann: Manager of Planning &
Leased Properties
Phone: 544-5985
with a copy to:
Office of the General Counsel
The Boeing Company
P.Q. Box 3707 - M/S 13-08
Seattle, WA 98124-2207
Phone: (206)655-2405
i
- 3rS60?33AanQlt.%
Description: King, WA Document -Year. Month. Day.DoclD 1996.1210.313 Page: 2 of 12
Order: king Comment:
u
•
•
71
To the City: The City of Renton
200 Mill Avenue South
Renton, WA 98055
Attn: Storm Water Utility
Phone: (206) 277-5548
Either party may change the address to which notices may be given
by giving notice as above provided.
8. J. k. The rights granted herein are subject to permits, leases,
licenses, and easements, if any, heretofore granteJ by Grantor affecting the
Property. Grantor does not warrant title to its property and shall not be
liable for defects thereto or failure thereof.
9. Sw&essors and Asdgu. The rights and obligations of due parties
shall inure to the benefit of and be binding upon their respective successors
c0
and assigns.
O
O 10. Termination f.Qr Breach. In the event the City breaches or fails to
( j perform or observe any of the terms and conditions herein, and fails to cure
such breach or default within ninety (90) days of Grantor's giving the City
written notice thereof, or, if not reasonably capable of being cured within
Q!
such ninety (90) days, within such other period of time as may be reasonable
in the circumstances, Grantor may terminate the City's rights under this
Agreement in addition to and not ie limitation of any other remedy of
Grantor at law or in equity, and the failure of Grantor to exercise such right
at any time shall not waive Grantor's right to terminate for any future breach
or default.
Dated the AA/,P day of 1996.
The City: Grantor:
The City of Renton Lot gacres Park, Inc., a
Wasbiw= Qworafion
Tide: pesse Tanner wavor
ATTLST: n✓
ltarilya P raen, city Clark
e 9rseo.nsaanau.9a
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 3 of 12
Order: king Comment:
i
0
:. ,.W
•
0
STATE OF WASHINGTON )
ss.
COUNTY OF KING
On thiaa"-day ofy, 1996, before me the undersigned
personally appeared J. J. NELSON to me, known to be the Vice President
of LONGACRES PARK. JNC., the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said municipality, for the uses and
purposes therein mentioned, and on oath stated that he was duly
authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the y and
year first above written.
N lic in and for the
State of Washington residing
N at
rt My coinnilssion expiros6�y'
c0
0�
STATE WASHINGTON )
) ss.
COUM tF KING )
On this�ndl day of tkembr/ , 1996, before me the undersigned
personally appeared lga annerfo me known to be the _�M-a�_e_r__.
of the CITY OF RENTON. the municipality that executed the fbregoing
instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipality, for the uses and purposes
therein mentioned, and on oath stated that he was duly authorized to
execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and
year first above written. j
Notary Public in fAnd for the a
State of residing
at — a 0
My commission expires /0 .
- ,,.� a3seo.ueaanai�.%
Description: King,WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 4 of 12
Order: king Comment: k,:
M
94
M
O
O
.ri
W4
cd
11
Exhibit A
M022SM&IIA
Description: King, WA Document -Year. Month. Day.Doc/D 1996.1210.313 Page: 5 of 12
Order: king Comment:
Page 1 of 7
EX wean A
PARCEL 1
All that certain real property situate in the City of Renton, County of King, State of Washington,
being Goverturnetn Lot 14. and a portion of Government Lot 8, both in Section 24, Township 23
North, Range 4 East, Willamette Meridian, and a portion of the N.W. 114 of the S.E. 1f4 of said
Section 24, and a portion of the N.E. 114 of the S.E. 1/4 of said Section 24, and being more
particularly described as follows:
BEGINNING at the Southwest comer of the N.E. 1/4 of the S.E. 114 of said Section 24; thence
from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00'56'17-W
68.96 feet to the North line of I•lenry A. Meader's Donation Land Claim No. 46; thence along said
North line N87'13'57-W 1462.38 feet; thence leaving said North line N00'22'11'E 1022.22 feet
to the southerly right-of-way line of 1-405; thence along said southerly right-of-way line and the
south right-of-way line of S.W. 16th Street from a tvVm that bears N62'5257'E, along the arc
of a curve to the right having a radius of 543.14 feet and a central angle of 26.45'00', an arc length
O
of 253.58 fear thence tangent to the preceding curve N89'37'57'E 1079.63 fat; thence tangent to
'O the preceding course along the arc of a corn to the left having a radius of 1940.09 feet and a central
angle of 02'52'00', an arc length of 97.07 fat; thence tangent to the preceding curve N86'45'57'E
4.56 feet; them tangent to the preceding course along the arc of a curve to the right having a radius
p of 1880.08 feet anti a central angle of 01'32'55', an arc length of 50.81 feet; to the northwest comer
t7i of the parcel conveyed to the City of Renton under A.F. I9911030810, King County records; thence
along the boundary of last said parcel S081516'W 42.70 feet and N79'13148'E 58.77 feet to the
west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court
Cause No. 32912, King County Records; thence along said west right of way line the following
courses: S00'25'33'E47.35 feet, S01'48'32'W 44.26feet, S07.14'42'E48.28 fat, S19'25'58'E
66.50 feet, S20-05'30-E 40.14 fed, S30'55.50-E 51.32 fat, S39.53'54'E 32.19 feet, S30.06' 16-E
76.04 feet, S27-12'00-E 34.56 fed, S31.19'30-E41.01 feet, S36-00-41'E 74.11 fact, S31'50'12-E
42.02 feet, S42'05.27'E 47.21 fed, S40'19.57'E 47.67 feet, S45-25152-E 59.32 fed, S50'37' 12-E
39.63 fat, S51-16-55-E 68,16 feet, S81'36'50-E 62.75 feet, N86.5920-E 94.92 feet,
S55°04'26'E 53.26 fat, S48'31'30'E 45.85 feet, S39'25'24'E 49.84 feet, S36'49' 16'E 46.76 feet,
S"-53-21-E48.07 fed, S29'35'20'E35.41 feet, S30148'41'E 46.69 fact, S20'07'49'E 85.72 fed,
and S24118'59'E 68.77 feet to the South lice of the N.E. 114 of the S.E. 114 of said Section 24;
thence along last said South line N872645'W 918.35 fed to the POINT OF BEGINNING,
Contains 47.669 Acres of laud more or less.
The Basis of Bearings for this description Is the Record of Survey for Btvsdatres Inc., recorded in
Boor 10 of Surveys at Recording No. 7707289002, King County records.
�QEitlC W.
L. S. 1368
JLW/FWC
12-04-91
REVPARCLLEG
3-2464-39M
I 1
• rr�aatrgarar� � ,
1
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 6 of 12
Order: king Comment:
GA(�JL♦ • H
Page 2 of 7
Fx}1i811 A
PARC- I
All that certain real property situate in the City of Renton, County of King, State of
Washington, being a portion of the S.W. 1/4 of the N.E. 114, and of the N.W. 114 of the S.E.
1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being more
particularly described as follows:
Commencing tt the intersection of the North margin of S. W.16th Street (South 153rd St.), with
the West boundary of C.D. Hillman's Earlis"n Gardens Addition to the City of -Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King
County; hence from said POINT OF COMMENCEMENT, Westerly along said North margin,
M 350 feet to the TRUE POINT OF BEGINNING of this PARCEL. I; thence from said TRUE
POINT OF BEGINNING, continuing Westerly along said North margin SV'37'57'W 257.00
feet; thence leaving said Northerly margin at right angles, N00'22'03'W A4.06 feet to the
Vol Southerly rigist-of way line of SR 405; thence along said Southerly right-of-way line from a
04 tangent that bears N78' I3'53'E, along the arc of a curve to the right having a radius of 2765.00
feet, and a antral sit& of 05'23'22', an arc length of 260.09 fact; thence leaving said
Southerly
right-of-way line S00.22'03'E 253.41 feet to the TRUE POINT OF BEGINNING.
CONTAINS 1.39 Acres of land more or less.
The Bash of Bearings for this description is the ReeoN of Survey for Broadacres, Inc.,
recorded in Book 10 of Surveys at Page 2, rude Reeordiog No. 7707289002, King County
records.
FWC
1i-21-91
PARCEU.LW
3-2464-3806
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 7 of 1
Order: king Comment:
11
• •
Page 3 of 7
EkHtSji A
PARCEL)
All that certain real property Situate in the City of Renton, County of King, State of
Washington, being s portion of the S.W. 114 of fhe N.E. 114, and of the N.W. IN of the S.E.
1/4 of Section 24, Township 23 North, Runge 4 Pau, Willamette Meridian, and being more
particularly described as follows:
Commencing at the intersection of the North margin of S.W. 16th Street (South 153rd St.), with
the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King
County; dw ace from sold POINT OF COMMENCEMENT, We=ly along said North margin,
601 feet to the TRUE POINT OF BEGINNING of this PARCEL 1; thence from said TRUE
POINT OF $CGINNING, cotuinaoing Westerly along said North margin S89'37'57'W 120.00
fact; thence leaving said Northerly rttargln at right angles, N00.22'03'W 197.07 feet to the
Southerly right -of way line of SR 405; thence along said Southerly right-of-way line from a
tangent that bean N75'40'56'E, along the arc of a curve to the right having a raJitts of 2765.00
feet, and a central angle of 02'32'57', an arc length of 123.02 feet; theaet: leaving said
Southerly right-of-way line S00'22'03'E 214.06 feet to the TRUE POINT OF BEGINNING.
CONTAINS 0.55 Acres of lard mom or less.
The Buis of Bearings for this description is the Record of Survey for Brotttlscm, Inc.,
recorded in Book 10 of Surveys at Page 2. under Recording No. 7707289002, King County
records.
ajr'JI
FWC
11-21-91
PARCERCE L).LEG
.
3-2464-33M
Description: King,WA Document -Year. Month. Day.DoclD 1996.1210.313 Page: 8 of 12
Order: king Comment:
Page 4 of 7
Ex 14 1611 A
PARCEL K
All that certain real property situate in the City of Renton, County of King, State of
Washington, being a portion of the N.W. 1/4 of the S.E. 1 /4 of Section 24. Township 23 North,
Range 4 Eau, Willamette Meridian, and bring mote particularly described as follows:
Commencing at the intersection of the 'orth margin of S.W. 16th Street (South 153rd St.), with
the West boundary of C.D. Hillman's Earlington Gandau Addition to the City of Seattle,
Division No. 1, as per the Plat recorde I in Volume 17 of Plats, Page 74, Records of King
County; thence fmm aid POINT OF COMMENCEMENT. Westerly along said North margin,
727 feet to the TRUE POINT OF BEGINNING of this PARCEL K; thence from said TRUE
POINT OF BEGINNING, continuing Westerly along said North margin S89°3757'W 62.OD
feet; thence leaving said Northerly margin at right angles. NOO'22'03'W 170.90 feet to the
Southerly rWa-0f way fine of SR 405; thence along said Southerly right-of-way line from a
tangera that bean N74.21'17'E, along die arc of a cum to the right having a radius of 2765.00
s4 feet, and a central angle of 01.19'39', an arc kngtt of 64.06 feet; thence leaving said Southerly
right -of --way line SOO.22.03-B 187.07 text to the TRUE POINT OF BEGINNING.
wD
m CONTAINS 0.25 Acres of land more or less.
The Basis of Beatings for this description is the Record of Survey for Broadacres, Inc.,
recorded in Book 10 of Surveyt at Pap 2. under Recording No. 7707289002. King County
records.
PWC
11-21-91
PARCEMLEG
3-2464-3806
i
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 9 of412..
Order: king Comment:y�
•
Page 5 of 7
EXHIBIT A
PARCEL L
All th:a certain real property situate in the City of Renton. County of King. State of
Washington, being a portion of the N.W.1/4 of the S.E. 1 /4 of Section 24, Township 23 NOnh.
Range 4 Eau, Wiliamettt Meridian, and being more particularly described as follows:
Commencing at the imersection of the North margin of S.W. 16th Street (South 153rd St.), with
the West boundsry of C.D. Hillman's Earlington Gardens Addition to the City of Seattle,
Division No. 1, as per the Plat rawrded in Volcune 17 of Plats, Page 74, Records of King
County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin,
789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; thence from said TRUE
tl POINT OF BEGINNING, continuing Westerly along said North margin S89'37'57'W 65.00
VAt feet; thence N00'22'03'W 15.00 feet; them 389'?7'57'W 50.00 feet; thence leaving said
O
Northerly margin at right angles, N00'22'03'W 1209 feet to the Southerly right -of ,vay line
O of SR 405; thence along said outherly right-of-way litre frc m a tangent that tears
Vol N71'52'08'E, along 'e arc of a curve to the right having a radius of 2765,00 feet, and a
04 central angle of 02'29'09', an arc length of 119.% fed; thence leaving said Southerly right-of-
0) way line S00'22'03'E 170.90 feet to the TRUE POINT OF BEGINNING.
CONTAINS 0.39 Aer_ s of land more or less.
The Basis of Bearings for this description Is the Record of Survey for Broadaeres, Inc.,
recorded in Boot 10 of Surveys m Page 2, under Recording No. 770728M. King County
records. ,--
YZ77l
FWC
11.21-91
PARCELL.LEG
3-2464-38D6
Description: King, WA Document -Year. Month. Day.Doc/D 1996.1210.313 Page: 10 of 1
Order: king Comment:
i
2 '
0 0 0
•
•
0
Page 6 of 7
ExN181T q
PARCEL M
All that certain real property situate in the City of Renton, County of King, State of Washington,
being a portion of the N.W. 1/4 of the S.E. 1/4 of Section 24. Township 23 North, Range 4 East,
Willamette Meridian, and being more particularly described as follows:
Commencing at the intersection of the North margin of S.W. 16th Street (South 153rd St.), with
the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division
No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence
from said POINT OF COMMENCEMENT, Westerly along said North margin, 854 leer thence
N00'22'03'W 15.00 feet; thence S89'37.57'W 50.00 feet tr the TRUE POINT OF BEGINNING
Val
M of this PARCEL M; thence from said TRUE POINT OF BEGINNING, continuing along said
J
North margin S89'37'57'W 65.00 fed; thence S44'37'57'W 21.21 feet; thence S89'37'57'W
N124.11 fed; to dx Easterly line of a parcel conveyed to the State of Washingtc.t by deed
V4 recorded under Auditor's File No. 5494126, King County records; thence leaving said North
mat gin of S.W. 16th Street along last said Easterly line N22'42'33"W Sr 60 fed to the Southerly
right -of way line of SR 405, thence along said Southerly right-of-way line on a spiral chord
bearing of N66.40'47'E 68.54 feet; thence from a tangent that bears N68'17'56"E, along the
arc of a curve to the right having a radius of 2765.00 feet, and a antral angle of 03'34'27', an
arc length of 172.49 feet; thence leaving said Southerly right-of-way line S00'22'03'E 121.79
feet to tho RUE POINT OF BEGINNING.
CONTAINS 0.46 Acres of land more or less.
The Basis of Bearings for this description is the Record of Survey for Broadaxes, Inc., recorded
in Bool- 10 of Surveys at Page 2, under Recording No. 7707289002, King County records.
11`Ll'71
PARCM.M.LEG
3.2464.3806
n.btan%*wFW
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 11 of 12
Order: king Comment:
1
S.W. 1/4 sm 24. 1.23N. R4E. wu
St 1 /4 SEC. 24. 1.23N . A 4E.. W M
;RAPHIC SCALE
ME, 1/4 SEC 24, 1 23N . R 4E . W.0
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whew LAW CLAPP A
PARCEL A
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SURVEYOR'S CERTFICATE
Lue1 n Ir MAwMAwetwnw-AAV Wag IT ft" PAUM
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iw OPARCEL DESCRIPTION EXHIBIT RI*
IRNio11 WMIi4GTON •--
Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.313 Page: 12 of 12
Order: king Comment:
J
Return Address
Perkins Coie
Attn: Laura Whitaker
1201 Third Avenue, 40° Floor
Seattle, WA 98101
Document Title(s) (or transactions contained therein):
1. Declaration of Restrictive Covenants
Reference Number(s) of Documents assigned or released:
(on page _ of documents(s))
Granter(s) (Last name first, then first name and initials):
1. The Boeing Company
2. Longacres Park, Inc
3. Washington State Department of Ecology
4. United Stales Army Corps of Engineers, Seattle District
Grantee(s) (Last name first, then first name and initials)-
1. The public
2
3 0 Additional names on page ,_,_ of document
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
A portion of land situate the SW ''A of NE'1A of Section 25, township 23 North, Range 4 East, W.M.
0 Full legal is on page 7 of document.
Assessor's Property Tax Parcel/Account Number
#G 252304-9002-09 and 252304-9041-02
PVZ6 001 OF Otto
07/Mt/ 1999 14: 35
Kiwi Cot*ry, im
PERK IN$ Coil coy 15.M
ANY WRITING, TEXT, INITIALS, REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY
DISQUALIFY THIS DOCUMENT FOR RECORDING
DECLARATION OF RESTRICTIVE COVENANTS
IS DECLARATION OF RESTRICTIVE COVENANTS is made this,
day of Ju _, 19_" by The Boeing Company, a Delaware
corporation, and its subsidiary Longaeres Park Inc., a Delaware corporation
(collectively referred to as "Declarant").
RECITALS
WHEREAS, Declarant is the owner of certain real property located in King
County, Washington, and more particularly described on EXHIBIT A attached hereto
and incorporated by reference ("South Marsh Property"); and
WHEREAS, as compensatory mitigation under federal and state law for
Department of the Army Permit No. 93-4-00059 ("Permit") issued by the U.S. Army
Corps of Engineers, Seattle District ("Corps" or "Seattle District"), and certification
issued by the Washington Department of Ecology ("DOE"), and in recognition of
continuing scenic, resource, environmental and other benefits to the South Marsh
Property, and for the protection of waters of the United States; Declarant has agreed
to place certain restrictive covenants on the South Marsh Property to allow it to
remain substantially in its natural condition forever.
NOW THEREFORE, Declarant hereby declares that the South Marsh Property
shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and
used subject to the following restrictive covenants, which shall run with the land and
be binding on all heirs, successors, assigns, lessees and all other occupiers and users.
1. Prohibitions. Declarant is and shall be prohibited from the following,
subject to the exceptions set forth below: filling, draining, flooding, dredging,
impounding, clearing, burning, cutting or destroying vegetation, cultivating,
excavating, erecting, constructing, releasing wastes into or otherwise doing any work
on the South Marsh Property. The following are expressly excepted from this
paragraph: (a) minor impacts associated with hunting (excluding planting or burning),
fishing, and other recreational or ,educational activities, consistent with the continuing
natural condition of the South Marsh Property; (b) removal or trimming of vegetation
hazardous to persons or the South Marsh Property, or of timber downed or damaged
due to natural disaster; (c) restoration or mitigation required or that may be required
DECLARATION OF RESTRICTIVE COVENANTS PAGE 1
100000.0000/SB991400 107]4 6a2/99
iatmnm omens
POW M OF 0M
07/NKIm COt�TY14�
POWINS COIF cov 15.00
ANY WRITING, TEXT. INITIALS, REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY
DISQUALIFY THIS DOCUMENT FOR RECORDING
pursuant to permit or by law including, without limitation, mitigation activities
described in a report entitled Longacres Office Park Surface Water Management
Project, Conceptual Mitigation Plan, dated December 1998, revised January 1999, and
approved by the Permit; and (d) work or activities that may be required for the public
safety of adjacent properties.
2. Amendment. After recording, these restrictive covenants may be
amended only by a recorded document signed by the Corps, DOE and Declarant.
Amendment shall be allowed at the discretion of the Corps and DOE, in consultation
with resource agencies as appropriate. Mitigation for amendment impacts will be
required pursuant to Seattle District mitigation policy at the time of amendment.
3. Notice to Government. Any permit application or request for certification
or modification that may affect the South Marsh Property made to any governmental
entity with authority over wetlands or other waters of the United States shall expressly
reference and include a copy (with the recording stamp) of these restrictive covenants.
4. Reserved Rights. It is expressly understood and agreed that these
restrictive covenants are created solely for the protection of the South Marsh Property,
and for the consideration and values set forth above. Declarant reserves the
ownership of the fee simple estate and all rights pertaining thereto including, without
limitation, the right to exclude others and to use the South Marsh Property for all
purposes not inconsistent with these restrictive covenants.
S. South Marsh Property Transfers. Declarant shall include the following
notice on all deeds, mortgages, plats, or any other legal instruments used to convey
any interest in the South Marsh Property (failure to comply with this paragraph does
not impair the validity or enforceability of these restrictive covenants):
NOTICE: The South Marsh Property is subject to a declaration of
restrictive covenants recorded at [insert book and page references,
county(ies) and date of recording].
6. Marking of South Marsh Proper The perimeter of the South Marsh
Property shall at all times be plainly marked by permanent signs saying, "Protected
Natural Area," or by an equivalent, permanent marking system.
DECLARATION OF RESTRICTIVE COVENANTS PAGE 2
100000-000p/SB991400 107)4 6R2/99
K �14,15
Lia
PERKINS COIF cov 15.06
ANY WRITING, TEXT, INITIALS, REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY
DISQUALIFY THIS DOCUMENT FOR RECORDING
7. Recording of f Plat. A survey depicting the boundaries of the South Marsh
Property shall be recorded in the King County Auditor's Office prior to the recording
of these restrictive covenants.
8. Severability. Should any part of these restrictive covenants be held
contrary to law, the remainder shall continue in full force and effect.
IN WITNESS WHEREOF, the Declarant has duly executed this declaration of
Restrictive Covenants as of the date above written.
DECLARATION OF RESTRICTIVE COVENANTS
100000-0000/ S I3991400 10 714
LONGACRES PARK, INC.
By
Velso�n2����
Vice President
THE BOEING COMPANY
B
elson
Vice President, Facilities Asset
Management
Boeing Commercial Airplane Group
p'mrw C01F COV
IS."
PAGE?
6122/99
97 /I!!8 ,r,,
KING COUNTY, UA
ANY WRITING, TEXT, INITIALS. REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY
DISQUALIFY THIS DOCUMENT FOR RECORDING
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this .28 day of wY•¢�_ , 1999, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared J. J. Nelson to me known to be the person who signed as vice
president of LONGACRES PARK, INC., the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes therein mentioned, and on
oath stated that he was duly elected, qualified and acting as said officer of the
corporation, that he was authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written. (—A
ii1q� i
��.nR t1 �E (Signature of Notary)
rti• t
—.-- (Print or stamp name of Notary)
t•� �L��
G�' & NOTARY PUBLIC in and for the State of
N',h OP WAt���Washington, residing at (y6. o (� V�e&4
My Appointment Expires r S �-Z�
DECLARATION OF RESTRICTIVE COVENANTS
100000-ODOOIS B991400 10714
PMINS COIF cOv 15.90
PAGE
6/22/99
KING Y34WA
ANY WRITING, TEXT, INITIALS, REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY
DISQUALIFY THIS DOCUMENT FOR RECORDING
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this _ day of ��- , 1999, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared J. J. Nelson to me known to be the person who signed as vice
president of THE BOEING COMPANY, the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes therein mentioned, and on
oath stated that he was duly elected, qualified and acting as said officer of the
corporation, that he was authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
An-xx- w .—Pv b e rt" r
(Print or stamp name of Notary)
DECLARATION OF RESTRICTIVE COVENANTS
(00000-0000/S B991400 10714
NOTARY PUBLIC in and for the State of
Washington, residing atmau V
My Appointment Expires C" t 5 _ aoo l
PIS INS COTE COV 15."
PAGES
6122/99
K7/K/1�_!
ANY WRITING, TEXT, INITIALS, REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY
DISQUALIFY THIS DOCUMENT FOR RECORDING
EXMBIT A
Legal Description of South Marsh Property
A parcel of land situate the SW 1/4 of the NE'/4 of Section 25, Township 23
North, Range 4 East, W.M. and being a portion of Parcel "G" as shown in Auditors
File No. 9201169002, records of King County, Washington, more particularly
described as follows:
Commencing at the southeast corner of said Parcel "G"; thence North
87057'42" West, 37.14 feet along the south line of said Parcel "G" to the
POINT OF BEGINNING; thence continuing North 87057'42" West,
1085.76 feet along the south line of said Parcel "G"; thence North
2002' 18" East, 44.02 feet; thence North 28°53' 16" Fast, 45.46 feet;
thence North 40°56'08" West, 42.61 feet; thence South 49°47'44" West,
45.84 feet; thence South 22°27'35" West, 68.12 feet; thence south
2002'18" West, 21.09 feet to the south line of said Parcel "G"; thence
north 87057'42" West, 191.01 feet along the south line of said Parcel
"G"; thence North 2°02'18" East, 44.25 feet; thence north 77°17'01"
East, 80.19 feet; thence north 72006'32" East, 107.60 feet; thence North
62 °00'07 " East, 57.30 feet; thence North 40 ° 51 ' 08 " East, 52.73 feet;
thence south 70°25' 51 " East, 93.85 feet; thence South 78 ° 10' 15 " East,
99.27 feet; thence North 62001'53" East, 319.03 feet; thence North
31 °48'03" East, 205.92 feet; thence North 58°39' 12" East, 21.72 feet;
thence North 58005'27" East, 51.95 feet; thence South 85°39'58" East,
48.64 feet; thence North 13°09'09" East, 65.83 feet; thence North
18017'33" East, 55.05 feet; thence North 34001'49" East, 40.21 feet;
thence North 62°47'35" East, 45.31 feet; thence North 49038'09" East,
37.80 feet; thence North 79019'26" East, 57.21 feet; thence South
84°02'19" East, 64.63 feet; thence South 85036'40" East, 47.52 feet;
thence South 87°4746" East, 49.37 feet; thence South 74°59'52" East,
54.20 feet; thence South 40°39'03" East, 40.82 feet; thence South
16053'29" East, 75.87 feet; thence South 1 °07'59" West, 133.87 feet;
thence South 0°48'59" East, 136.84 feet; thence South 0°24'41" West,
124.94 feet; thence South 1015'46" West, 137.28 feet; thence South
0°59'36" West, 63.89 feast % the PIDINT (W Dill! M41M.
DECLARATION OF RESTRICTIVE COVENANTS PAGE 6
[00000-OOMISD991400 10714 6/27/99
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South Marsh
Boundary Description
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Return Address
Office of the City Clerk
Renton City Hall
1055 South Grady Way
Renton, WA 98055
Document Title(s) (or transactions contained therein)
1 Development Agreement
Reference Number(s) of Documents assigned or released:
(on page _ of documents(s))
Grantor(s) (Last name first, then first name and initials)
1 The Boeing Company
Grantee(s) (Last name first, then first name and initials)
1 City of Renton
Legal description (abbreviated 1 e lot, block, plat or section, township, range)
Portion of Meader Henry — D C #46 PCL, STR 242304 TAXLOT 22 PCL 1 BOEING, STR 242304
TAXLOT 48 PCL 1 BOEING, STR 242304 TAXLOT 50 PCL I BOEING, STR 242304 TAXLOT 52
PCL K BOEING, STR 242304 TAXLOT 55 PCL L BOEING, STR 242304 TAXLOT 71 PCL M
BOEING, STR 252304 TAXLOT 2 PCL G BOEING, and STR 242304 TAXLOT 62 PCL F BOEING
QX Full legal is on pages 4 through g of document
Assessor's Property Tax Parcel/Account Number
Portions of the following #000580-0001-07, #000580-0016-00, #000580-0018-08, #242304-0022-06,
#242304-9048-06,#242304-9050-01,#242304-9052-09,4242304-9055-06,#242304-9071-06,
#252304-9002-09 and #252304-9062-06
[03003-0104/SB022180 3281 8/12/02
DEVELOPMENT AGREEMENT BETWEEN
THE BOEING COMPANY AND THE CITY OF RENTON
FOR FUTURE DEVELOPMENT OF
LONGACRES OFFICE PARK
[�Qzm. a$149y
This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING
COMPANY ("Boeing"), a Delaware corporation, and the CITY OF RENTON ("City"), a
municipal corporation of the State of Washington, is entered into pursuant to the authority of
RCW 36 70B 170 through 210, under which a local government may enter into a
development agreement with an entity having ownership or control of real property within its
jurisdiction
II. RECITALS
A Longacres Park, Inc ("LPI" ), a wholly -owned subsidiary of Boeing, is the
owner of certain real property, known as the Longacres Office Park ("LOP"), located in the
City of Renton, King County, Washington, and more particularly described in Attachment 1,
attached hereto and by this reference incorporated herein LPI and Boeing have entered into
a long-term Ground Lease ("Lease") with effect from January 1, 1993 pursuant to which
Boeing may possess LOP through December 31, 2027 and may in certain circumstances
extend the term of said lease through December 31, 2057 Pursuant to the Lease, Boeing
may enter into this Agreement in Boeing's own name A memorandum of the Lease was
recorded as No 9707030128 in the Real Property Records of King County
B LOP consists of approximately 158 acres located at the southeast corner of
the intersection of Interstate 405 and the Burlington Northern Santa Fe Railroad right of way
in the City of Renton Boeing's Customer Service Training Center ("CSTC") occupies an
adjacent 48-acre site to the north and east of LOP LOP is currently located entirely within
the Commercial Office ("CO") zoning district and is designated Employment Center -Valley in
the City's Comprehensive Plan
C The site plan for the Longacres Office Park ("LOP Site Plan") includes the
construction of approximately 3 million square feet of office or light industrial space as
permitted under the CO designation and related support and utility facilities over a period of
up to twenty (20) years Of the 158 acres comprising the LOP site, the LOP Site Plan
proposes that approximately 65 percent will be impervious surface (z e., buildings, parking
areas or parking structures, and roadways), and approximately 35 percent will be dedicated
to a stormwater detention system, landscaping and open space The LOP Site Plan is
attached to this Agreement as Attachment 2 and by this reference is incorporated herein
DEVELOPMENT AGREEMENT PAGE I
[03003.0104/SB022180 3281 8/12/02
D Environmental analysis of development of 2 5 mullion square feet under the
LOP Site Plan was conducted by the City pursuant to the Washington State Environmental
Policy Act ("SEPA") A Draft Environmental Impact Statement ("DEIS") for the LOP Site
Plan was issued in August, 1994, the Final Environmental Impact Statement ("FEIS") was
issued in March, 1995, an Addendum to the FEIS, analyzing the impacts of, among other
things, the addition of 500,000 square feet to the LOP Site Plan, was issued in December,
2000 A SEPA Mitigation Document ("Mitigation Document") was issued by the City in
May, 1995, and was amended by the Addendum
E In 1997, Boeing developed the Boeing Commercial Airplane Group
("BCAG") headquarters office building, consisting of approximately 300,000 square feet, as
Phase I of LOP The location and extent of Phase I development is depicted on
Attachment 2
F In 1998, Boeing developed the Boeing Family Care Center ("FCC"),
consisting of approximately 22,000 square feet to provide day care services for 200 children
as Phase II of LOP The location and extent of Phase II development is depicted on
Attachment 2
G In 1999, Boeing developed a Surface Water Management Program
("SWMP"), consisting of grading to create stormwater ponds, an irrigation, aeration, and
recirculation system, and enhanced wetlands designed to accommodate full build -out of LOP
The location and extent of Phase III development is depicted on Attachment 2
H As part of the SWMP project, certain critical environmental areas on the
Longacres site were identified These areas include certain enhanced wetlands and the South
Marsh On July 6, 1999, Boeing recorded a Declaration of Restrictive Covenants prolubiting
development or alteration of the 10 92-acre South Marsh, the South Marsh is depicted on
Attachment 2
I Phase IV of the Longacres Office Park will consist of the development of
approximately 2 7 million square feet of office or light industrial space as permitted under the
CO designation, with support and utility facilities, on that portion of LOP not developed
under Phases I, II, and III or reserved for environmental mitigation purposes pursuant to
development conditions Phase IV will be developed with multiple buildings and associated
parking, roadways, and pedestrian walkways The Phase IV development capacity is
consistent with the capacity analyzed in the existing DEIS, FEIS, and Addendum The Phase
IV development envelope is depicted on Attachment 2
J In order to provide certainty and efficiency with respect to the City's review
and approval process for Phase IV development, Boeing and the City entered into a
Development Agreement ("2000 Agreement") on December 28, 2000 regarding Phase IV
DEVELOPMENT AGREEMENT PAGE 2
[03003-0104/SB022180 3281 8/12102
development, recorded as No 20010104000886 in the Real Property Records of King
County
K On Vi✓-, 05R Iro, the City approved a binding site plan, recorded
as No- M?Jd',M 100,Z-W0' in the Real Property Records of King County, that divides Phase
IV into multiple parcels for future development Accordingly, Boeing and the City desire to
rescind the 2000 Agreement and to enter into a new Development Agreement governing
Phase IV development Therefore, Boeing and the City agree as follows
III. AGREEMENT
1 Vesting and Term of Agreement The City's development regulations in effect
and applicable to project applications as of the recording date of the 2000 Agreement shall
govern the development of Phase IV of LOP for all Phase IV development applications
submitted to the City within twenty (20) years from the recording date of this Agreement
Notwithstanding the foregoing, the City reserves the authority under RCW 36 70B 170(4) to
impose new or different regulations to the extent required by a serious threat to public health
and safety, as determined by the Renton City Council after notice and an opportunity to be
heard has been provided to Boeing
2 Development Regulations For purposes of this Agreement, "development
regulations" means (a) zoning, land division, and development standards, (b) environmental
rules and policies, including (but not limited to) SEPA, (c) Comprehensive Plan policies,
(d) policies, regulations, standards, and methods applicable to the development of land that
are incorporated by reference in the Renton Municipal Code, (e) surface water management
regulations, and (i) other City ordinances governing the development of land up to and
including adopted Ordinance No 4877, provided, however, that Boeing may elect at its
discretion that ordinances adopted after Ordinance No 4877 shall apply to all or part of
Phase IV development Applicable development regulations are attached to this Agreement
as Attachment 3 and are incorporated herein by reference
follows
to read
Mitigation Document This Agreement amends the Mitigation Document as
3 1 Section 1, General Information, second paragraph, is hereby amended
As indicated in the EIS, numerous state and local
regulations will govern development of Longacres Office
Park, and application of those regulations will also serve
to mitigate certain significant adverse environmental
impacts Regulations applicable to specific development
actions shall be as defined in the Development Agreement
DEVELOPMENT AGREEMENT PAGE
[03003-0104/SB022180 3281 8/12/02
between Boeing and the City dated /,4 - 2 3_ 200a
("Development Agreement"), the Addendum to the EIS
dated December 19, 2000, and the Addendum to the EIS
dated May 14, 2002
32 To the extent that Section 2, Mitigation Plan, references or
incorporates development regulations, they shall be as provided and defined in Paragraphs 1
and 2 of this Development Agreement
4 Site Plan Review and Minor Modifications Phase IV development permit
applications shall be subject to the City land use review process under the development
regulations applicable to such review and approval as provided in Paragraphs 1 and 2 of this
Agreement The final design of the buildings and other improvements, precise location of
building footprints, land division creating building sites for individual structures, location of
utilities, determination of access points, and other land use issues related to authorization of
individual development shall be determined pursuant to that process
5 Recording This Agreement, upon execution by the parties and approval of
the Agreement by resolution of the City Council, shall be recorded with the Real Property
Records Division of the King County Records and Elections Department
6 Recission Upon recording of this Agreement, the 2000 Agreement shall be
null, void, and without effect
7 Successors and Assigns This Agreement shall bind and inure to the benefit of
Boeing and the City of Renton and their successors in interest, and may be assigned to
successors in interest to the Longacres property Upon assignment and assumption by the
assignee of all obligations under this Agreement, Boeing shall be released from all obligations
under this Agreement
8 Counterparts This Agreement may be executed in counterparts, each of
which shall be deemed an original
9 Expiration This Agreement, unless rescinded by Boeing or its successors in
interest, shall become null and void twenty (20) years from the date of recording of this
Agreement
�d
AGREED this 43 day of AQU 1 yAn(�A2 2002
DEVELOPMENT AGREEMENT PAGE 4
[03003-0104/SB022180 3281 8/12/02
CITY OF ON ATTEST:
By Jesse Tanner By Bonnie I. Walton
Its Mayor Its City Clerk
Appr d as to form
*1- � ='° •r �,= City Attorney
STXtE'OF WASHINGTON )
ss
COUNTY OF _ )
On this day of 2002, before me, the undersigned, a
Notary Public in and for the State of Washington, duly comimssioned and sworn, personally
appeared to me known to be the
person who signed as of the CITY OF RENTON, the
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that was duly elected, qualified and
acting as said officer of the corporation, that was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written
��,8 NEVAf°11
G�• 5gi0N
;'off ,1OTARY
:U m:
pmlc
�'•. 9 19 p6 r; .
DEVELOPMENT AGREEMENT
[03003-0104/SB022180 3281
(Signature of Notary)
PiC�elt N?aMiz0✓1
(Print or stamp name of Notary)
NOTARY PUBLIC in and fob the tate
of Washington, residing at fq/['[
My appointment expires 19 Zo013
PAGE
8/12/02
THE WE.ING COMPANY
1/;0 xv 4
By Phillp/W Cyburt
Its Vice President
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On this day of 2002, before me, the undersigned, a
Notary Public in and for the State of California, duly commissioned and sworn, personally
appeared to me personally known to
be the person whose name is subscribed to the within and foregoing instrument and
acknowledged to me that he executed the same in his authorized capacity as the
of THE BOEING COMPANY, the corporation that
executed the within and foregoing instrument, and on oath stated that he was duly elected,
qualified and acting as said officer of the corporation, and that by his signature on the
instrument he, or the entity upon behalf of which he acted, executed the instrument
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
California, residing at _
My appointment expires
DEVELOPMENT AGREEMENT PAGE 6
[03003-0104/SB022180 3281 8/12/02
State of California
County of Los Angeles
On August 16, 2002, before me, T.S. Wertner, Notary Public, personally appeared
Philip W Cyburt personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
Qp T S WERTIF
Commission • 1349542
Notary Public - CdBom's >
z Los M9e" County
My Comm Ernes Apr 6. 2006
WITNESS my hand and official seal
ArTACW4
71
l
�$���scription o fzopP
rOAer�,
pA(?E I
EXHIBIT II 2 A
LEGAL DESCRIPTION OF LONGACRES PARK
PARCELS
All flat certain real property situate in the City of Rouen. County of King. State of Washington,
being Government Lot 14. and a portion of Government 1.ot 8, both in Section 24, Township 23
North, Range 4 East. Willamette Meridian, and a portion of the N W. 1/4 of the S E• 114 of said
Seethon 24. and a portion of the N.E. I/4 of the S E. 1/4 of said Section 24. and being more
particularly descrlbed as follows:
BEGINNING at the Southwest corner of the N.B. 114 of the S I- 114 of said Section 24, then=
flout said POINT OF BEGINNING, along the East line of said Government Lot 14 S00.56'17'W
68 96 feet to the North litre of Hcnry A. Mcader's Donation land Clam No 46, thence along said
North line N87'13'57'W 1462.39 feet; thence leaving said North line NOO'22'11'E 1022 22 feet
to the southerly right-of-way line of I-405, thonco along said soudicrly right-of-way line and the
South right-of-way line of S-W. 16th Street from a tangent that bears N62052'57'E, along the are
of a curve to the right having a radius of 543 14 feet and a central angle of 26'45'00', an arc length
of 253.58 feet; tune tangent to the preceding curve N89'37'57'E• 1079.63 feet; thenee tangent to
the preceding course along the are of a cave to the left having a radius of 1940 08 feet and a central
angle of 02'52'00', an arc length of 97.07 feet; thence tangent to the prcceding curve N86'45'57'E
4 56 feet; thence tangent to the preceding oourso along the are of a curve to the right having a radius
of 1380 08 feet and a central angle of 01'32'55', an arc length of 50 81 feet; to the northwest corner
of the parcel conveyed to the City of Renton under A.F. #8911030810. King County records; thence
along the boundary of last said parcel SGS'35'56'W 42.70 feet and N79' 13'48'E 58 77 feet to the
west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Ctnirt
Cause No. S2912, King County Records; thence along sad west right of way luhc the following
courses S00'25'33'E 47.35 foci. S01.48'32'W 44.26 feet, S07'14.42'E 48.28 feet, S39'25'58'P
66.50 inset. S20-05'30'840.14 feet. S30'55'50'E51.32 feat, S39-53.54-E32.19 feet, S30'06'16'E•
76.04 foct, S27612900'E34.56feet. S31'19'50'1341.01 feet, S36-00-41-E74 11 feet, S31'50'12'E
42.02 feet, S42'05 27'E 47.21 feet. S40'19'57'E 47.67 feet, S45'25'S2'ES9.32 feet. S50'37.12'P-
39.63 feet. S51'16'55'E 63.16 feet. S81'36.50-13 62.75 feu, N86'59'20'P- 94.92 feat,
S55'Oa•26'E 53-26 foci. S48'31 •30-845.a5 fees, S39']S'24'849 84 feet. S36'49'16-=46.76 feet,
S44-53-21-2 48.07 feu, S29'35'20'E 35.41 foet, S30-48'41'E 46.69 fact. S20-07.49-P- 85.72 filet.
and S24'18'59'E 68.77 feet to the South lie of the N.E 1/4 of the S.B. 1/4 of said Section 24.
thence along last said South line N87'2645'W 918.35 feet to the POINT OP BEGINNING.
Except for public rights of way.
Contains 47.669 Acres of land more or less.
The Basis of Bearings for this description is the Record of Survey for Broadacres Inc . recorded In
Book 10 of Surveys 4VVQ__ dmg No. 7707289002. King County records.
I. S I
I2-04-91 �ac�
RIIVPARC1.lYG
3-2464-380t5,` i P/, CIFIC
WA 90009.03M
PARCEL 1
All that certain real property situate in the City of Rcnion, County of King, State of
Washington, being a portion of the S.W. 114 of the N.E. 114, and of the N.W. 1/4 of the S r
1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being more
particularly described as follows'
Commencing at the intersection of the North margin of S.W 16th Street (South 153rd St.), with
the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle,
Division No 1, as per the Plat recorded In Volume 17 of Plats. Page 74. Records of King
County; thence from said POINTOF COMMENCEMENT, Westerly along said North margin,
350 feet to the TRUE POINT OF BEGINNING of this PARCEL I; thence from said TRUE
POINT OF BEGINNING, continuing Wwarly along said North margin S89"37'57"W 257.00
feet, thence leaving said Northerly margin at right aagk4, N00'22'030W 214.06 feet to the
Southerly right -of way line of SR 405; thence along said Southerly right-of-way line from a
tangent that bears N78`13'53'E, along the are of a curve to the right having a radius of 2765.00
feet, and a central angle of 05'23'22`, an are length of 260.09 feet; thence leaving said
Southerly right-of-way line S00'22'03'E 253.41 feet to the TRUE POINT OF }BEGINNING.
Except for public rights of way.
CONTAINS 1.39 Acres of Ittnd more or less.
Tlic Basis of Bearings for this description Is tho Record of Survey for BBroadacres. Inc.,
recorded in Book 10 of Surveys at Page 2, udder Recording No. 7707289002, King County
records
L S. 2719.
f[ GUID s
Mc
11-21-91
PARCEL I.I.EG
3-2464-3806
PARCEL)
All that certain real property situate in the City of Renton, County of King. State of
Washington, being a portion of the S W. 1 /4 of the N.V. 114, aid of the N.W. 114 of the S.E.
1/4 of Section 24, Township 23 North, Runge 4 East, Wtllamcttc Meridian, and being more
particularly described as follows:
Commencing at the intersection of the North margin of S.W 16th Street (South 153rd St.), with
the Welt boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plats. Page 74, Records of King
County; thence from said POINT OF COMMENCEMENT, Westerly along said Notch margin,
607 fat to the TRUE POINT OF BEGINNING of this PARCEL J, thence from said TRUL•
POINT OF BEGINNING, ow tinutng Westerly along said North margin S89'37'37'W 320.00
feet; thence loving said Northerly margin at right angles. NOO°22'03'W 187.07 feet to the
Southerly right -of way line of SR 405; thence along Bald Southerly right-of-way line from a
tangeta that bears N75'40'56'B, along the arc of a curve to the right having a radius of 2765.00
feet, and a central angle of 02632'57', an arc length of 123.02 feet; thence leaving said
Southerly right-of-way line S00'22'030E 214.06 feet to the TRUE POINT OF BEGINNING.
Except for public rights of way.
CONTAINS 0.55 Acres of land tnore or less
The Huts of Bearings for this description is the Record of Survey for Hroadsmw, Inc.,
recorded in Book 10 of Survoys at Page 2, under Recording No. 7707289002, King County
records
LS
0-
LAND5
FW C
11-21.91
PARCELI.LEG
3.2464-3806
4
PARCEL K
Ali that txrtaln real property situate to the City of Renton, County of King, State Of
Washington, being a portion of the N.W. 114 of the S.E. 1 /4 of Section 24, Towinhip 23 North,
Range 4 East, Willamette Meridian, and being more particularly described as follows;
Commencing at the intersection of the North margin of S W. _ �'h Street (South 153rd St.), with
Vic Weal boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King
County, thence from said POINT OF COMMENCEMENT, Westerly along said North margin,
727 foot to the TRUE POINT OF 1EGINNING of this PARCEL K; thence from said TRUE
POINT OF BEGINNING. continuing Westerly along said North margin S89037057OW 62.00
feet: thence leaving said Northerly margin at right angles. N00'22'03'W 170.90 feet to the
Southerly right -of way line Of SR 405, thence along said Southerly right-of-way Jim from a
tangent that bear& N74.21117'E, along the are of a curve to the right having a radius of 2765.00
foci, and a central angle of 01"1939', an are length of 64.06 feet; thence leaving said Southerly
right-of-way line S00'22'03'E 187.07 fed to the TRUE POINT OF BEGINNING.
Except for public rights of way,
CONTAINS 0.25 Acres of land more or less
Ilia Hams of Bearings for this description is the Record of Survey for Broadacres, Luc.,
recorded in Book 10 of Survey& at Page 2, under Recording No 7707289002, Xing County
records.
FWC
11-21-9I
PARCELK LEG
3-2464-3806
PARCEL. 1.
All that certain real property sltuato in the City of Rcnton, County of King, State of
Washington, being a portion of the N W. 114 of the S E. 114 of Section 24, Township 23 Noah,
Range 4 East, Willamette Meridian, and being more particularly described as follows.
Commencing at the intersection of the North margin of S.W. 16th Street (South 153rd St.), with
the West boundary of C.D. Hillman's Earlington Gardena Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King
County; thence from said POINT OF COMMENCEMENT, Westerly along said Noah margin,
789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; thence from said TRUE
POINT OF BEGINNING, continuing Westerly along said North margin S89'3757'W 65.00
feet; thence N00.22'03'W 15.00 feet; thence S89°3757'W 50.00 feet; thence leaving said
Northerly margin at right angles, N00'22'03'W 121.79 feet to the Southerly right -of way Imo
of Sit 405, thence along said Southerly right -of --way line from a tangent that bears
N71'52'08'E, along the arc of a curve to the right having a radius of 2765.00 feet, and a
antral angle of 02'29'09', an are length of 119.96 fed, thence leaving said Southerly right-of-
way line S000221036E 170.90 feet to the TRUE POINT OF BEGINNING.
Except for public rights of way.
CONTAINS 0.39 Acres of land more or leas.
The Basis of Bearlttgs for this description is the Record of Survey for Broadaxes, Inc.,
recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County
records.
FWC
11-21-91
PARCELL.LL•G
3-2464-3806
PARCEL M
All that rrrtain real property situate in the City of Renton, County of Kuip, %ERIC of WasluiigWn,
being a portion of the N W 1/4 of the S E. 1/4 of Section 24, Township 23 North, Range 4 East,
Willamette Meridian, and being more particularly described as follows
Conmtencing nt the intencction of the North margin of S.W 16th Street (South 153rd St ), with
the West boundary of C.D. I illman's Earlington Gardens Addition to the City of Seattle, Division
No ].as per the Plat recorded in Volume 17 of flats. Page 74, Records of King County, thence
from said POINT OF COMMENCEMENT, Westerly along said North margin. 854 feet, thence
N00'22'03' W 15.00 feet; thence S89'37'57'W 50.00 fret io the 3 KUL' POINT UI' BEGINNING
of thi% PARCEL. M, thence from said TRUE. POINT OF BEGINNING, continuing along said
North margin S89°37'S7'W 65 00 feu; thence S44'37'57'W 21 21 feet; thence S89'37'.57"W
124.11 feet, to the Easterly line of a parcel conveyed to the Stato of Washington by deed
recorded under Auditor's File No. 5494126. King County records; thence leaving said North
margin of S.W. 16th Street along last said >rastrAy line N22'4213' W 56 60 foot to the Southerly
right -of way lido of SR 405; thence along said Southerly right-of-way line on a spiral chord
bearing of N66'40'47'E 68.54 feet, thence from a tangent that boars N68'17'56"E, along the
arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 03'34'27 `, an
are length of 172.48 fect; thence leaving acid Southerly right-of-way line ',00*22'030E 121 79
feet to the TRUE POINT OF BEGINNING.
Except for public rights of way.
CONTAINS 0 46 Acres of land more or less
,f,he Hasis of Bearings for this descriptlon Is the Record of Survey for Hroadacres, Inc., recorded
ui Hook 10 of Surveys at Pago 2, under Recording No. 7707289002, King County records.
P/
lI-41-71
PARCLLM LEG
3-2464-3906
PARCEL A
All that certain real property situate in the City of Renton, County of King, State of Washington,
being a portion of Henry A. Meader's Donation Land Claim No. 46 in Sections 24 and 25,
Township 23N., Range 4E., W.M., and a portion of Government l.ot 8 in said Section 24, and
bring more particularly described as follows:
DEGINNING at the Imersetttlon of the North line of said Donation land Claim No. 46, with the
most Westerly line of Government Lot 13 in said Section 24; thence from said POINT OP
BEGINNING S00.56174W 1257.95 feet; thence S01902156"W 154.52 feet to the northerly line of
the City of Seattle Bow Lake Pipeline right-of-way as conveyed by deed recorded under Recording
No. 4131067. King County records; thenco along said northerly line S72'44'48'W 436.96 feet;
thence tangent to the preceding course along the arc of a curve to the right having a radius of 122.55
feet and a central angle of 20'01'15", an arc length of 42.82 feet; thence tangent to the preceding
curve N87' 13'57"W 1377 97 feet to the Pau right-of-way line of the Burlington Northern Rai",
thence along said East right-of-way line N02007'43"E 1709.63 feet; thence tangent to the preceding
course along the are of a curve to the loft having a radius of 2107.00 feet and a central angle of
14'09'08'. an are length of 520.44 feet to the westerly line of the former Puget Sound Shore
Railroad Company's Seattle Line; thence along said westerly line NO2'07'43'E 221.30 feet to the
southeasterly line of the parcel conveyed to the State of Washington by derd recorded under A.F.#
841214OD16, King County records; thence along said southeasterly line N66'17'SWE 35 69 feet to
a point on a line that is parallel with the South line of Bald Section 24, and passes through the trust
southerly corner of the southernmost of two concrete abutments near the westerly extension of S.W.
16th Street, thence along said parallel line S87°43'33"E 67.88 feet to the easterly line of said former
Puget Sound Shore Railroad Company'& Seattle Line; thence along said easterly line N02007'434E
11,96 feet to the southerly right-of-way line of I-405; thence along said southerly right-of-way lute
N81057'27'i 43 10 feet; thence; tangent to the preceding course along the arc of a curve to the left
having a radius of 603.14 feet and a central angle of 19'04'304, an arc length of 200.80 feet; thence
tangent to the preceding curve N62'52'574E 90.32 feet; thence leaving said southerly right-of-way
line SOO*22'11'W 1022.22 feet to the North line of said Donation Land Claim No 46; thence along
said North Jibe S87'13'570E 1462.39 feet to the POINT OF BEGINNING.
Except for public rights of way.
Contains 72 83 Acres of land more or less.
71ie Basis of Bearings for this description is the Record of Survey for Droadacres, Inc., recorded in
Rook 10 of Surveys at page 2, under Recording No. 7707289002, King Cooney records
i !Ag-fl
MAUFWC
11-07-91 1AN95
PARCELA.LEG
3-2464-3806
PARCEL B
All that certain real property situate in the City of Renton, County of King, Statc of Washington,
being a portion of Henry A. Meader's Donation Land Claim No 46 in Sectloas 24 and 25,
Township 23 N., Range 4 B., W. M., and a portion of Government Lot 13 in said Section 24, and
being more particularly described as follows;
BEGINNING at the Northwest corner of said Government Lot 13, thence from said POINT OF
BEGINNING along the North line of said Government Lot 13 S87'26'45'r 504 52 feet to the
northerly prolongation of the East line of said Donation Land Claim No. 46, thence along said
prolongation and East line S02.46'03'W 1336.86 to the Nordi lino of the City of Seattle How Lake
Pipeline right-of-way as convoyed by dead recorded under Recording No. 4131067, King County
records, thence along said North line from a tangent that bears S84'32'34"W, along the arc of a
curve to the left having a radius of 935.00 feel and a central angle of 11'47'46% an arc length of
192 50 feet; thence tangent to the preceding curve S72'44'48"W 288.62 feet; thence leaving said
North line NOl'02'56'E 154.52 feet; thence N00'56'l7"H 1326.91 feet to the POINT OF
BEGINNING.
Except for public rights of way
Containc 15.51 Acres of Land more or less.
The Basis of Bcaringb for this description is the Rocord of Survey for Broadacres Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records
I..S 27193„
s
lAit
MAL/FWC
11.07-91
PARCELH LEG
3-2464.3806
PARCEL C
All that certain real property situate in the City of Renton, County of King, State of Washington,
being that portion of Henry A Meader's Donation Land Claim No 46, in Section 25. T.23N.,
RAH., W.M , described as follows -
BEGINNING at the intersection of the South lino of staid Donation Ciaun, and the East Itnc of
Cn)vcmrncnt Lot 10 in the N.E. ''A of said Section 25; thence from said POINT OF BEGINNING
along said South line NV013157*W 1942.90 foot to the East line of the Burlington Northern
Railway; thence along last Bald East line NO2.06.48'E 129.69 foot and NO2.07'43•E 251.58 feet
to the South line of the Bow Lake Pipe Line as conveyed by deed recorded under rocording No
4131067, King County records; thence along said South line S87'13'57•E 1377.63 feet, thence
tangent to the preceding courso along the arc of a curve to the left having a radius of 152.55 feet and
a ccniral angtc of 20.01'15", an are length of 53.30 feet; thence tangent to the pracaling curve
N72044'48.1! 427.04 feet to the northerly prolongation of the East lute of Government Lot I0;
thence along said northerly prolongation S01.02'56'W 536.89 feet to the POINT OF BEGINNING.
Except for public rights of way.
Contains 16 87 Acres of land more or loss.
The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002. King County records
L9 ET .
I �•
MAL/PWC
11-07-91
PARCHU.0 LF,G
3-2464-3906
PARCEL F
All that certain real property situate in the City of Renton, County of King, State of
Wathington, being it portion of Government Lots 10 & 11 in Sccuon 25, Township 23N., Range
4E., W.M., and being more particularly described as follows
BEGINNING at the intersection of the South line of Henry A Meader's Donation Land Claim
No. 46. with the East line of said Government Lot 10, thence from said POINT OF
BEGINNING along said East fine S01002156'W 255.38 Jett; thence kaving said Fast line
N88016'55`W 1947.57 feet to a point on the Last line of the Burlington Northern Railroad
right -of way which is 289.12 feet Southerly, as measured along said right -of way line, front the
Intersection thereof with the South line of said Donation Land Claim No 46; Thence along last
said East line NO2*06'48011289.12 feet to the South line of said Donation Land Claim; thence
along said South line S87.13'57.131942.90 feet to the POINT OF BEGINNING.
Except for public rights of way.
Contains 11.53 Acres of Land more or less
The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc.,
recorded in Book 10 of Surveys at pago 2, under Recording No. 7707289002, King County
records.
Z167Hi.C��
' raf utND
FWC
11-21-91
PARCELP.LEG
3-2464-3806
PARCEL G
All that certain real propeny situate in the City of Renton, County of King. State of
Washington, being a portion of Govornment Lots 10 and '_1, and of the S.W. 1/4 of the N E
1/4, and of the S.E. 114 of the N.W. 114, all in Section 25, Township 23N., Range 4E., W M ,
and being more particularly described as follows -
BEGINNING at a point on the East line of said Government Lot 10, distant thereon
S01 002'56"W 255.38 feet from the intersection thereof with the South line of Henry Meader's
Donation land Claim No, 46 thence front said POINT OF BEGINNING, along said East line
of Government Lot 10, and the east line of said S.W. 1/4 of the N.13 1/4 of Section 25,
S01 002'56' W 1112 01 feet to a line that is parallel with and 545.6 feet northerly of the East-
West centerline of said Section 25 (meawrod along the East line of said S.W. 1/4 of the N.E
1/4); thence along said parallel line N87057'42'W 1808.19 feet to a line that is parallel with
and 60.00 feet East of the East line of the Burlington Northern Railway right-of-way; thctnce
along last said parallel lino NO2"06'48'E 554.48 feet; thence N04*09'49'W 550.24 fleet to a
point on said East line of said Burlington Northern Railway right-of-way, distant thereon
S02006'48'W 299.12 feet from the intersection thawf with the South Line of Bald Donation
Iand Claim No. 46. thence S88'16'55'E 1847.57 feet to the POINT ON BEGINNING.
Except for public rights of way.
Contains 46 06 Acres of Land more or less
Use Basis of hearings for this description is the Accord of Survey for Broadacres, Inc.,
recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County
records.
FWC
11.27-91
PARCEL.G.LL'G
3-2464-3806
ATTACHMENT
LOP Site Plan
Phase I: BCAG Building
2. Phase H: Family Care Center Building
3. Phase III: Surface Water Management System
4. Phase IV: Future Development
DEVELOPMENT AGREEMENT PAGE
[03003-0104/SB022180 3281 8/12/02
ATTACHMENT 2 1
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PHASE 1
. r
1 I
1 I
1
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I II
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- - FIGURE t
PHASE I
I
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BCAG BUILDING
- - BOEING LONGACRES OFFICE PARK
RENTON, WASHINGTON
,,. ,. . N
1 Rn.o v .. a
1 1
�- I $r�rirup
ATTACHMENT 2 2
PHASE II
I I
I 1
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FIGURE 2
PHASE II FAMILY CARE
CENTER BUILDING
BOEING LONGACRES OFFICE PARK
RENTON. WASHINGTON
.r n • w m
s..rarup
ATTACHMENT 2.3
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FIGURE 3
PHASE III
BOEING LONGACR£S OFFICE PARK
RENTON, WASHINGTON
. N ,a
Srordrup
_ - ATTACHMENT 2 4
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PHASE N
FIGURE 4
PHASE N FUTURE DEVELOPMENT
BOEING LONCACRES OFFICE PARK
RENTON, WASHINGTON
8rarirup
ATTACHMENT
Development Regulations Applicable to
Phase IV Development
1 Development regulations, including but not limited to Title IV of the Renton
Municipal Code
2 Environmental rules and policies, including, but not limited to
• Chapter 4-3 RMC
• Chapter 43 21C RCW,
3 Policies set forth in the City of Renton's Comprehensive Plan (adopted February
20, 1995, amended October 20, 1999,
4 Policies, regulations, standards, and methods applicable to the development of land
that are included in or incorporated by reference in the Renton Municipal Code,
Surface water management regulations, including, but not limited to, Title IV
RMC, and
Other City ordinances governing the development of land, up to and including
adopted Ordinance No 4877, provided, however, that Boeing may elect at its
discretion that ordinances adopted after Ordinance No 4877 shall apply to all or
part of Phase IV development (i e , Ordinance No 4954 "Binding Site Plans")
DEVELOPMENT AGREEMENT PAGE
[03003-0104/SB022180 3281 8/12/02
20070921001175.----
Return Address
The Boeing Company
Atta: Director, Corporate Real Estate
700 South Renton Village Place
MC 6R6-10 Triton Towers Two
Renton, Washington 98055
III 11111111111111111111111111111
20070921001175
KING COUNTY. WA
Document Title(s) (or transactions contained therein): 9159 0- (o G�d5—
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Reference Numbers) of Documents assigned or released: NONE
(on page of documents(s))
Gramor(s) (Last name first, then first name and initials):
1. Longacres Park, Inc.
2. The Federal Reserve Bank of San Francisco
Grantee(s) (Last name first, then first name and initials):
1. Longacres Park, Inc.
2, The Federal Reserve Bank of San Francisco
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 27 through 33, inclusive, and Tracts G and H, Boeing Longacres BSP, vol. 228, p. 22, Rec. No.
20050504000673, amended by LLR No. LUA 07-068-LLA, Rec. No. 20070911900008
Full legal is on pages B-1, C-1, and D-1 of document.
Assessor's Property Tax Parcel/Account Number
0886700270;0886700280;0886700290;0886700300;0886700310;0886700320;
0886700330;0886700340;0886700350
20070921001175 .:.-
1
11
3.
5.
1
CONTENTS
DEFINITIONS ......
REGULATION OF IMPROVEMENTS
...................................... 3
...................................10
(a) Concept....................................................................
(b) Zoning......................................................................
(c) Completion of Construction ....................................
(d) Excavation and Drilling ...........................................
(e) Landscaping and Irrigation ......................................
(fl Signs........................................................................
(g) Storage and Loading Areas and Service Entrances.
(h) Exterior Lighting .....................................................
(i) Construction Regulations and Restrictions ..............
0) Utilities....................................................................
(k) Maintenance...................................................
REGULATION OF OPERATIONS AND USES
(a)
Permitted Uses ......................................
(b)
Restrictions and Prohibited Uses..........
(c)
Certain Nuisances .................................
(d)
Indemnification .....................................
APPROVAL OF PLANS .................................
..................................10
..................................10
..................................10
..................................11
..................................11
..................................13
..................................14
..................................15
..................................15
.................................16
..................................16
.................................................16
.................................................16
.................................................17
.................................................19
.................................................21
.................................................21
(a)
Approval Required....................................................................................21
(b)
Basis for Approval.....................................................................................22
(c)
Time for Approval or Disapproval............................................................22
(d)
Presumption of Compliance......................................................................23
(e)
Fee.............................................................................................................23
(fl
Governmental Action................................................................................24
(g)
Estoppel Certificate...................................................................................24
(h)
Non -Liability of Declarant and Association..............................................24
(i)
Improvements Maintenance Standards......................................................25
0)
Existing Structures and Uses and Construction by Declarant...................25
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION..................25
(a)
Qualification and Voting...........................................................................25
(b)
Voting Percentage......................................................................................26
(c)
Voting in Cases of Joint Ownership..........................................................26
(d)
Transfers....................................................................................................27
COVENANT
FOR ASSESSMENTS TO AND BY THE
ASSOCIATION.....................................................................................................28
#360741 18173-002.11 7gc101!.doc 9/19/2007
200/092100 i`i/n
(a)
Covenant to Pay Assessments...................................................................28
(b)
Purpose of Assessments.............................................................................28
(c)
Regular Assessments.................................................................................28
(d)
Special Assessments..................................................................................28
(e)
Limitation on Assessments........................................................................29
(fl
Allocation of Assessments.........................................................................29
(g)
Commencement of Assessments...............................................................30
(h)
Liens for Delinquent Assessments............................................................30
(i)
Enforcement of Assessment Obligation....................................................31
G)
Assessments for Taxes...............................................................................31
7. POWERS AND DUTIES OF THE ASSOCIATION............................................31
(a)
Designate Officers.....................................................................................32
(b)
Management and Control..........................................................................32
(c)
Principal Office..........................................................................................32
(d)
Incur Indebtedness.....................................................................................32
(e)
Insurance....................................................................................................32
(fl
Utilities......................................................................................................34
(g)
Common Area............................................................................................34
(h)
Enforcement...............................................................................................34
(i)
Square Footage/Total Entitlement Monitoring..........................................35
6)
Contract and Make Payments....................................................................36
(k)
Employment of Agents..............................................................................36
(1)
Services......................................................................................................36
(m)
Recycling Program....................................................................................36
(n)
Taxes..........................................................................................................36
(o)
Discipline...................................................................................................36
(p)
Periodic Review of Financial Condition...................................................36
(q)
Budget........................................................................................................37
(r)
Litigation...................................................................................................37
(s)
Delegation of Powers.................................................................................37
(t)
Security......................................................................................................37
(u)
Rules..........................................................................................................37
(v)
Improvements Maintenance Standards......................................................38
(w)
Right to Grant Easements..........................................................................38
(x)
Limitation on Liability of Officers and Directors;
Indemnification..........................................................................................
39
(y)
Declarant's Right to Approve....................................................................39
8. COMMON AREA.................................................................................................40
(a)
Easement of Enjoyment.............................................................................40
(b)
Use.............................................................................................................40
(c)
Maintenance...............................................................................................41
(d)
Creation of Maintenance Standards for Common Areas ...........................41
#360741 18173-002.11 7gc101!.dw 9/19/2007
ffm
(e)
Declarant's Right to Improve the Common Area......................................41
(fl
Damage to the Common Area...................................................................41
(g)
Governmental Compliance........................................................................42
9.
ENFORCEMENT..................................................................................................42
(a)
Abatement and Suit...................................................................................42
(b)
Inspection...................................................................................................43
(c)
Failure to Enforce Not a Waiver of Rights................................................43
(d)
Enforcing Violations..................................................................................44
10.
TERMINATION AND AMENDMENT...............................................................44
(a)
Term...........................................................................................................44
(b)
Amendments..............................................................................................44
(c)
Termination of Declarant's Interest...........................................................45
11.
RIGHTS
OF LENDERS........................................................................................45
(a)
Priority of Lien of Mortgage.....................................................................45
(b)
Curing of Defaults.....................................................................................45
(c)
Availability of Documents.........................................................................46
(d)
Conflicts.....................................................................................................46
12.
MISCELLANEOUS PROVISIONS.....................................................................46
(a)
Constructive Notice and Acceptance.........................................................46
(b)
Declarant's Rights Under Other Documents.............................................46
(c)
Land Use Matters.......................................................................................46
(d)
Completion of Construction by Declarant.................................................47
(e)
Notices.......................................................................................................47
(fl
Liberal Construction..................................................................................48
(g)
Singular Includes Plural.............................................................................48
(h)
Headings....................................................................................................48
(i)
Effect of Invalidation.................................................................................48
0)
No Discriminatory Restrictions.................................................................48
(k)
Cumulative Remedies................................................................................48
(1)
Attorneys' Fees and Costs.........................................................................49
(m)
Conflicting Provisions...............................................................................49
(n)
Grants and Vesting of Approvals and Consents........................................49
EXHIBITS:
EXHIBIT A - Plat Map
EXHIBIT B - Legal description of the Declarant Parcel and certain easements
EXHIBIT C - Legal description of the Common Area
#360741 18173-002.11 7gcl0l!.doc 9/19/2007
-iii-
2007092TM17*-===
C-1 —Roads
C-2 — Drainage System
EXIHIBIT D - Legal Description of the FRB Parcel
EX14IBIT E- Certain Entitlements
#360741 18173-002.11 7go10l!.doe 9/19/2007
2007092100117F_-----
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AL
Declaration of Covenants, Conditions and Restrictions ("Declaration") is made
L
this r�day of 2001, by Longacres Park, Inc., a Washington corporation
("Declarant"). The Federal Reserve Bank of San Francisco ("FRB"), as owner in fee simple
of a portion of the property to be encumbered hereby, has executed this Declaration solely to
evidence its consent to, and to encumber such property with, this Declaration.
PREAMBLE
(a) Declarant is the owner of (i) approximately 15.13 acres of real property
located in the City of Renton, County of King, State of Washington, and identified on
EXHIBIT A attached hereto as the "Declarant Parcel' (comprised of Lots 27 through 32,
inclusive, as shown on Exhibit A and described on Exhibit B); and (ii) approximately 2.19
acres of real property located in the City of Renton, County of King, State of Washington,
and identified on EXHIBIT C attached hereto as the "Common Area" (comprised of Tract G
and Tract H as shown on Exhibit A). FRB is the owner of approximately 9.6 acres of real
property located in the City of Renton, County of King, State of Washington, and identified
on IiXHIBIT D, attached hereto as the "FRB Parcel'. Capitalized terms used but not
otherwise defined in this Declaration shall have the meanings given them in Section 1 hereof.
(b) This Declaration of Covenants, Conditions and Restrictions governs the
Declarant Parcel, the Common Area identified on EXHIBIT C hereto and the FRB Parcel
(collectively, the "Property"), and is intended to create easements, covenants, conditions and
restrictions on the Property.
(c) The Property is to be developed and constructed in accordance with
conditions established in the governmental approval(s) of the Entitlements and Binding Site
Plan for the Property and in accordance with the Entitlements, Governing Documents and
Rules.
(d) Declarant intends that improvements be constructed and uses be permitted
within the Property which will in all respects harmonize with and complement any future
improvements and uses within the Property.
(e) Declarant further intends that the Property be served by an access road in the
Common Area identified on EXHIBIT C hereto, areas for signage and monuments and other
Common Area to be maintained and administered for the common use and enjoyment of the
Owners.
(f) In light of and in conjunction with the foregoing, it is the desire and intention
of Declarant that this Declaration (i) provide a means to ensure and enforce proper and
#360741 18173-002.11 7gc1011.doc 9/19/2007
PAGE
20070921001175, "
coordinated development and use of the Property as a common plan for the mutual benefit
and enjoyment of all fixture Owner(s) and Occupants of each, any and all Lot(s) therein (and
their respective successors and assigns of any interest(s) in any Lot(s)) as such Lot(s) may
now exist and as they may from time to time be modified by Declarant, (ii) provide for the
Common Area and the maintenance and preservation thereof, (iii) prevent the construction of
haphazard, improperly designed or inharmonious improvements, and (iv) in general provide
for high quality improvements within the Property in accordance with a general plan of
improvement and development.
(g) FRB also desires that this Declaration be imposed upon the Property and bind
and benefit the Owners thereof for the purposes set forth above.
(h) In furtherance of the above desires and intentions for the preservation of the
values and amenities within the Property, Declarant wishes to create the Association, to
which shall be delegated and assigned the powers of maintaining and administering the
Common Area or portions thereof for the common use and enjoyment of the Owners,
administering and enforcing the covenants, conditions and restrictions set forth herein,
collecting and disbursing the assessments and charges hereinafter created and performing
such other acts as shall generally benefit the Property or portions thereof.
(i) It is further the desire and intention of Declarant to potentially sell some or all
of the Lots comprising the Declarant Parcel, in either a developed or undeveloped condition,
and to impose upon all such Lots the following mutual and beneficial covenants, conditions
and restrictions for the benefit of all of the Lots within the Declarant Parcel.
NOW, THEREFORE, Declarant hereby declares and, with respect to the FRB Parcel
hereby agrees that each and all of the Lots within the Property encumbered by this
Declaration from time to time are held and shall be held, conveyed, hypothecated,
encumbered, leased, used, occupied and improved subject to the following covenants,
conditions and restrictions, all of which are declared and agreed to be equitable servitudes in
furtherance of a plan for the subdivision, improvement and sale of all of the Lots within the
Property, and are established and agreed upon for the purpose of enhancing and protecting
the value, desirability and attractiveness of every part of the Property. All such covenants,
conditions and restrictions shall run with all of the Lots within the Property and each part
thereof, and shall be binding upon, and shall be for the benefit of, Declarant and, subject to
such limitations as may from time to time be expressly set forth herein, each Owner of each
Lot within the Property or any right, title or interest therein or any part thereof, and all of
their- heirs, successors and assigns. All of such covenants, conditions and restrictions, subject
to such limitations as may from time to time be expressly set forth herein, are made for the
direct mutual and reciprocal benefit of each and every Lot and every portion thereof, and
shall create, subject to such limitations as may from time to time be expressly set forth
herein, reciprocal rights and obligations and privity of contract and estate between the
respective Owners of all the Lots and their heirs, successors and assigns.
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1. DEFINITIONS
The terms defined in this Section 1 shall, for all purposes of this Declaration, have the
meanings herein specified.
"Affiliate" shall mean and refer to any Person directly or indirectly controlling,
controlled by or under common control with another Person; (b) any Person beneficially
owning or controlling 10% or more of the outstanding voting securities of such other Person;
(c) any officer, director, member, partner, employee or agent of such other Person; (d) if such
other Person is an officer, director, member, or partner, any company or entity for which
such Person acts in any such capacity; or (e) any relative or spouse, and any relative of the
spouse, of such other Person.
"Articles" shall mean and refer to the Articles of Incorporation of the Association, as
they may from time to time be amended, modified or supplemented.
"Assessments" shall mean and refer to Regular Assessments, Special Assessments
and any other dues, fees, penalties, fines, charges, interest and other amounts (including each
installment thereof) payable by any Owner to the Association as provided herein.
"Association" shall mean and refer to the nonprofit mutual corporation, to be
incorporated by Declarant under the laws of the State for the purpose of exercising the
powers and functions set forth in Section 8 with respect to the Property, and its successors
and assigns.
"Binding Site Plan" shall mean and refer to the Boeing Longacres Property, Second
Amended Binding Site Plan, recorded May 4, 2005 under Recording No. 20050504000673,
in Volume 228 of Plats at Pages 22 through 28, inclusive, in King County, Washington, as
amended by Lot Line Revision No. LUA 07-068-LLA, recorded September 11, 2007 under
Recording No. 20070911900008, as same may from time to time be further amended,
modified, supplemented or replaced.
"Board" shall mean and refer to the Board of Directors of the Association.
"Building" shall mean and refer to any occupiable structure constructed on any Lot in
the Property.
"Bylaws" shall mean and refer to the Bylaws of the Association, as they may from
time to time be amended, modified or supplemented.
"City" shall mean and refer to the City of Renton, State of Washington.
"Common Area" shall mean and refer to the following:
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(a) Unless and until such time as it is dedicated to the City or otherwise for public
use., the real property legally described in EXHIBIT C-1 attached hereto and incorporated
herein by this reference, which shall be conveyed to and owned by the Association for the
common use and enjoyment of the Owners for the purpose of access to the Lots from
Strander Boulevard, and EXHIBIT C-2 attached hereto and incorporated herein by this
reference, which shall be conveyed to and owned by the Association for the common use and
enjoyment of the Owners (other than ERB) for the purpose of providing storm and surface
water drainage and management to the Lots (other than the ERB Parcel), in both cases
together with all driveways, paved areas, pathways, sidewalks, fences, screening walls,
retaining walls, plantings, planted trees and shrubs, irrigation and drainage pipes and fixtures,
catch basins or other devices for the collection and/or detention of storm water runoff,
lighting fixtures, signs and any other structures, improvements, equipment, fixtures, objects
used for decorative or incidental purposes and construction of any kind located within or
used in the maintenance or operation of such real property; and
(b) Such easements or fee -owned areas as Declarant may hereafter either grant to
the .Association in one or more parcels of land or designate in writing to the Association,
whether on or off the Property, which Declarant may from time to time specify as sites for
monuments or signs relating to the Property, and specifically including without limitation
any and all sites for monuments or signs promoting the City (or the City and the Property
jointly) as may be required from time to time by the City, whether or not such signs are
located on real property owned by the Association, Declarant, the City or any other person(s)
(all such signage areas described in this Section being collectively referred to as the "Project
Monument Areas"); provided, however, that:
(i) The Project Monument Areas shall be limited to the location, scope
and size reasonably necessary to accomplish their purpose as stated above;
(ii) Declarant shall have the right from time to time prior to the Transition
Date to relocate the Project Monument Areas to different locations within the general
vicinity of the Property (but not on the ERB Parcel), in which case, at Declarant's
sole discretion and with notice to the Association, the Association's rights in the
Project Monument Areas shall thereafter remain or not remain a part of the Common
Area, or shall remain in part a portion of the Common Area of the Association and
become in part a portion of the common area of one or more other associations (in
which case the Association and such other associations shall have such joint rights of
access thereto and joint obligations of maintenance, repair and replacement thereof as
Declarant may from time to time specify with notice to the Association); and
(iii) If at any time prior to the Transition Date and for any reason Declarant
shall determine in its sole discretion that Declarant or any designee of Declarant
requires or desires to withdraw the Project Monument Areas for any purpose, then
promptly upon its receipt of notice to that effect from Declarant, the Association shall
quitclaim all of its right, title and interest in the Project Monument Areas to Declarant
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or any designee of Declarant, by a quitclaim deed satisfactory in form and content to
Declarant or such designee.
"Common Expenses" shall mean and refer to the actual and estimated costs of.
(i) Maintenance, management, operation, repair, replacement, alteration
and improvement of the Common Area including, without limitation, the cost of
materials, labor and supplies, utilities, landscaping, cleaning, pest control and hiring
of outside contractor services;
(ii) Assessments owing from any Owners(s) which remain unpaid for a
period of more than thirty (30) days after the same were due and payable (which
thereafter may be assessed as Regular Assessments or Special Assessments, at the
sole election of the Association from time to time);
(iii) Management and administration of the Association, including, but not
limited to, compensation paid by the Association to managers, accountants, outside
auditors, attorneys, consultants and employees;
(iv) Casualty, liability, workers' compensation, fidelity and directors' and
officers' liability insurance;
(v) Any other insurance obtained by the Association;
(vi) Reasonable reserves as provided herein or as deemed appropriate by
the Board;
(vii) Bonding of the Directors, officers of the Association, any professional
managing agent or any other Person handling the funds of the Association;
(viii) Taxes paid by the Association;
(ix) The discharge of any lien or encumbrance levied against the Common
Area or any portion thereof; provided, however, that such lien or encumbrance is
secured solely by or applies solely to the Common Area or any portion thereof,
(x) Any licenses or permits needed for the Common Area;
(xi) Obligations incurred by committees established by the Board; and
(xii) Other expenses (a) incurred by the Association for any reason
whatsoever in connection with the Common Area or in connection with any other
item or items designated by the Governing Documents or (b) incurred in furtherance
of the purposes of the Association or in the discharge of any duties or powers of the
Association.
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"County" shall mean and refer to the County of King, State of Washington.
"Declarant" shall mean and refer to Longacres Park, Inc. and any Person who
succeeds to all of the Declarant's rights and obligations hereunder pursuant to a written
instrument recorded against the Property in connection with a purchase of all of the
remaining Declarant Sale Lots with the intention of selling such Declarant Sale Lots to third
parties and not with any intention to occupy, use, develop, lease, or otherwise enjoy any
benefits of such Declarant Sale Lots other than as investment for resale. In the event that at
any time hereafter any Person other than Longacres Park, Inc. becomes the Declarant, such
Person shall have only those rights, preferences and privileges hereunder as may be reserved
or granted in the recorded instrument by which such Person became the Declarant.
"Declarant Parcel" shall mean and refer to that approximately 17.12 acre real
property owned by Declarant as legally described in and identified on EXHIBIT B attached
hereto. "Declarant Sale Lot" shall mean any Lot owned by Declarant with respect to which
Declarant has neither (i) determined that it will retain such Lot for its own use rather than sell
such Lot to a third party purchaser or (ii) made any use or constructed any improvements for
itself or any of its Affiliates other than incidental, temporary uses or improvements not
related to the long-term use or occupancy of such Lot by Declarant or any of its Affiliates. A
Declarant Sale Lot shall cease to be a Declarant Sale Lot and shall be treated in the same
manner as any other Lot for all purposes under this Declaration upon the earliest to occur of
the :following: (i) Declarant or any of its Affiliates commences occupancy and/or use of such
Lot (other than incidental, temporary uses not related to the long-term use or occupancy of
such Lot by Declarant or any of its Affiliates), (ii) Declarant transfers ownership of such Lot
to a third party purchaser (unless such purchaser becomes the Declarant), (iii) Declarant
enters into any lease, ground lease, or other agreement permitting use and occupancy by a
third party, including any Affiliate of Declarant, other than for an incidental, temporary use
not related to the long-term use or occupancy of such Lot by Declarant or any of its Affiliates
or such third party, or (iv) Declarant or any of its Affiliates commences construction of any
Improvements on such Lot that are intended for use by any party other than a third party
purchaser of such Lot, other than incidental, temporary Improvements not related to the long-
tenn use or occupancy of such Lot by such party.
"Declaration" shall mean and refer to this Declaration of Covenants, Conditions and
Restrictions, as it may from time to time be amended, modified or supplemented. Such
amendments, modifications and supplements are hereby incorporated herein and made a part
hereof.
"Directors" shall mean and refer to the directors of the Association who together
constitute the Board.
"Entitlements" shall mean and refer to all governmental, special district and public
utility approvals, decisions, resolutions, ordinances, permits, agreements, conditions,
requirements, exactions, entitlements, reports, maps, plans, documents, determinations and
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orders (including without limitation with regard to any and all environmental matters),
heretofore or hereafter from time to time adopted, amended, modified or supplemented by a
governmental authority with jurisdiction over such matters, expressly governing, affecting or
relating to the organization, zoning, use, development, improvement, operation or ownership
of the Property, or any portion thereof, including, without limitation, (a) any and all
conditions to approval of the Binding Site Plan and the permits and agreements identified on
EXHIBIT E attached hereto and by this reference incorporated herein (and any amendments
from time to time thereto), as from time to time amended in accordance with the applicable
provisions contained therein, (b) further including without limitation any and all development
agreements for all or any portion of the Property entered into by Declarant and the City
pursuant to RCW 36.70B.170 through 120 (or any successor provisions), with all
amendments and modifications thereto, and (c) further including without limitation any and
all limitations regarding peak traffic generation, maximum floor area ratios, maximum
Improvements square footage and/or maximum Building footprints.
The Association and each Owner and Occupant shall fully and faithfully comply with
and conform to the Entitlements. Except as Declarant shall otherwise agree in writing with
FRB, another Owner, or the Association, Declarant shall retain all rights under the
Entitlements to credits against or refunds of mitigation fees, payments in respect of the
dedication of property to the City, and other forms of compensation and consideration paid,
allowed or otherwise made available by the City or others.
"Fiscal Year" shall mean and refer to the fiscal year of the Association, which shall
be the calendar year; provided, however, that the Fiscal Year shall be subject to change from
time to time as the Board may determine.
"FRB" shall mean and refer to The Federal Reserve Bank of San Francisco, and such
of FIRB's successors and assigns to all or a portion of the special rights, preferences and
privileges reserved by or granted to FRB in this Declaration, as may be designated by FRB in
a recorded instrument executed by FRB.
"FRB Parcel" shall mean and refer to that approximately 9.6 acre real property owned
by FRB as legally described in and identified on EXHIBIT D attached hereto.
"Governing Documents" shall mean and refer to this Declaration, the Articles, the
Bylaws, the Rules, the Improvements Maintenance Standards and any other documents
governing the operation of the Association, the use of the Lots or the Common Area or the
maintenance and repair of the Lots and Improvements, as from time to time amended,
modified or supplemented. Each Owner and each Occupant shall fully and faithfully comply
with and conform to the Governing Documents.
"Improvement(s)" shall mean and refer to all structures, improvements, equipment,
fixtures, objects used for decorative or incidental purposes, and construction of any kind on
any Lot (but excluding any improvements to or on the Common Area), whether above or
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below the land surface, whether permanent or temporary, including without limitation,
Buildings, utility lines, driveway, paved parking areas, pathways, fences, screening walls,
retaining walls, plantings, planted trees and shrubs, irrigation and drainage pipes and fixtures,
catch basins or other devices for the collection and/or detention of storm water runoff,
lighting fixtures and signs.
"Improvements Maintenance Standards" shall mean and refer to the standards, if any,
adopted by the Declarant or Association from time to time for the maintenance and repair of
the exterior of the Buildings, landscaping, signs and other Improvements on any Lot, as they
may from time to time be amended, modified or supplemented in accordance with the
requirements of this Declaration. Declarant may elect at any time in its sole and absolute
discretion to assign in writing to the Association the right to adopt, amend, repeal or
supplement the Improvements Maintenance Standards, but until such assignment by
Declarant in writing, the Association and/or the Board shall have no right(s) or powers
whatsoever to adopt, amend, repeal or supplement the Improvements Maintenance Standards.
In any event, effective as of the Transition Date, Declarant's rights under this section shall be
deemed to have been transferred and assigned to the Association, and no further
documentation or instruments shall need to be executed or recorded in order to evidence such
transfer and assignment. Such Improvements Maintenance Standards are hereby
incorporated herein and made a part hereof.
"Lot" shall mean and refer to each of Lots 27 through 33, inclusive, as shown on the
Binding Site Plan. When used with a designating number (for example, "Lot I"), "Lot" shall
mean the lot with such designating number as shown on the Binding Site Plan. "Lot" and
"Lots 27 through 33" shall include any legal parcel(s) resulting from any reconfiguration,
resubdivision, reparcelization, combination, adjustment, plat, short plat or reorganization of
any Lot(s) resulting from or following modifications to the Binding Site Plan or finalization
of a plat map, tentative or final map, parcel map, subdivision, short subdivision, lot merger,
lot split, lot line or boundary line adjustment or similar subdivision, land reorganization or
approval or amendment thereto.
"Majority of the Owners" shall mean and refer to more than fifty percent (50%) of the
voting power of all the Voting Members (minus any vote forfeited in accordance with
Section 5(c) hereof) who are then subject to this Declaration. Voting power of each Voting
Member shall be based on one vote per square foot of each Lot represented by the Voting
Member.
"Mortgage" shall mean and refer to a deed of trust or mortgage recorded against any
Lot or Lots.
"Mortgagee" shall mean and refer to a beneficiary under or holder of a deed of trust
or mortgagee under a Mortgage recorded against any Lot or Lots.
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"Occupancy" shall mean and refer to such time as the City shall issue the first of
either a temporary or permanent certificate of occupancy or equivalent.
"Occupant" shall mean and refer to, collectively, the Owner and any other Person or
Persons entitled, by ownership, leasehold interest or other legal relationship, to occupy all or
any portion of any Lot or Building.
"Owner" shall mean and refer to the Person or Persons holding record fee title to a
Lot (including, as applicable, Declarant, but excluding any Person holding such interest
merely as security for the performance of an obligation, and further excluding the
Association), and their respective heirs, successors and assigns. In the event that the
ownership of a Building on any Lot shall ever be severed from the ownership of such Lot,
then only the Person holding title to the Lot shall have the rights of an Owner hereunder
(including, without limitation, membership in the Association); provided, however, that both
the Person holding title to the Lot and the Person holding title to the Building shall be jointly
and severally liable for the performance of all duties and obligations of an Owner under the
Governing Documents.
"Permittees" shall mean and refer to all Occupants and all customers, patrons,
employees, concessionaires and other business invitees of such Occupants.
"Person" shall mean and refer to any individual, partnership, corporation, limited
liability company, trust, estate or other legal entity.
"Project Monument Areas" shall mean and refer to such areas as Declarant may
specify pursuant to Section (b) of the definition of "Common Area" set forth in this
Section 1.
"Property" shall mean and refer to the Declarant Parcel described in Exhibit B, the
FRB Parcel described in EXHIBIT D and the Common Areas described in Exhibit C.
"Regular Assessments" shall mean and refer to those Assessments to be charged
against any or all Lots as provided in Section 6 hereof.
"Rules" shall mean and refer to the rules and regulations, if any, adopted by the
Board for the operation and use of the Common Area and any other property (whether real or
personal) owned by the Association, as they may from time to time be amended, modified or
supplemented. Such Rules are hereby incorporated herein and made a part hereof.
"Special Assessments" shall mean and refer to those Assessments to be charged
against any or all Lots as provided in Section 6 hereof.
"Square Foot," "Square Feet' or "Square Footage" shall mean and refer to the gross
square footage of each Lot.
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"State" shall mean and refer to the State of Washington.
"Total Entitlement" shall have the meaning given to such term in Section 5(b).
"Transition Date" shall mean the earlier of: (i) the date on which Declarant, in its sole
discretion, elects to record a notice of termination and/or transfer of its rights as Declarant
under this Agreement or (ii) the first date on which (A) Declarant ceases to own any
Declarant Sale Lot, which may occur on the date of closing of the sale of the final Declarant
Sale; Lot to a third party purchaser, or the date that the final Declarant Sale Lot ceases to be a
Declarant Sale Lot and irrevocably becomes a Lot that is treated like all other Lots under this
Declaration (as described in the definition of "Declarant Sale Lot" set forth above) and
(B) the Buildings and other Improvements to be constructed on all of the Lots to permit the
initial use and occupancy by the Owner or Occupants thereof have been completed.
For purposes of clauses (i) and (ii) of the definition of Transition Date, Declarant
shall be deemed to own property if such property is owned by Declarant, or any entity
controlling or controlled by Declarant, or any entity under common control with Declarant.
Effective as of the Transition Date, except as otherwise set forth herein, and except
for any obligations or liabilities arising from or related to Declarant's breach of its
obligations under this Declaration, Declarant's rights and obligations as Declarant under this
Declaration shall automatically transfer to the Association, and in the event that Declarant or
its Affiliates continues to own a Lot after the Transition Date, Declarant and its Affiliates
shall be deemed and treated identical to any other Owners.
"Voting Entitlement" shall have the meaning given to such term in Section 5(b)
below.
"Voting Member" shall mean and refer to the Owner of a Lot, or in the event more
than one Person owns a Lot, to the Person designated as the Voting Member in writing by the
Lot Owners. Lots owned by the Association, if any, shall not have a Voting Member.
2. REGULATION OF IMPROVEMENTS
(a) Concept
The concept of this Declaration is to provide for individual Buildings and other
Improvements (including without limitation landscaping) on the Property, which shall relate
to one another through careful site planning and site development approved by Declarant as
set forth in Section 4 hereof, resulting in continuity for the entire Property. In case
Declarant's approval is required or requested under this Section 2 or under Section 3, any
such approval shall be requested, given and otherwise governed by the provisions of
Section 4 hereof
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2007092iuuiia. -
(b) Zoning
Development of the Property is and shall be subject to all zoning regulations of the
City and other municipal ordinances, regulations and conditions applicable to the Property by
virtue of governmental approval(s) of the Property and subdivision application(s) from time
to time, and any amendments thereto, to the extent that each Owner of a portion of the
Property is subject thereto, except where more restrictive requirements are imposed by the
Entitlements or this Declaration. Development and ownership of Lots shall further be
subject, as applicable, to future land use and environmental matters affecting the Property, as
provided in Section 12(c) hereof, to the extent that each Owner of a Lot is subject thereto.
(c) Completion of Construction
After commencement of construction of any Building or other Improvements, the
work thereon shall be diligently prosecuted (within the limitations imposed under the
Binding Site Plan, the Entitlements and Section 2(i) hereof) such that the Building or other
Improvements shall not remain in a partly finished condition any longer than is reasonably
necessary for completion thereof, employing diligent, commercial construction efforts at all
timers during which construction is reasonably feasible.
(d) Excavation and Drilling
(1) No excavation shall be made except in connection with
(A) The construction or maintenance of an approved Improvement;
provided, however, that upon completion thereof exposed openings shall be
backfilled and disturbed ground shall be graded and leveled;
(B) The conduct of any environmental site assessment of a Lot or
any portion of the Property by any prospective Owner, Owner, Mortgagee or
prospective Mortgagee; provided, however, that upon completion thereof any
exposed openings shall be backfilled and disturbed ground shall be restored to
the condition existing prior to the commencement of such activity;
(C) The conduct of any soils remediation as required by any
federal, State, local or County agency; provided, however, that upon
completion thereof any exposed openings shall be backfilled and disturbed
ground shall be restored to the condition existing prior to the commencement
of such activity.
(2) At no time shall an Owner, Occupant or any other Person drill or
permit to be drilled on any Lot any hole or sink any pipe for the purpose of obtaining
or removing water, oil, gas or any minerals or substances from the land, except:
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2007092100447"- 1
(A) as required by any federal, State, local or County agency in an
environmental remediation action;
(B) in connection with the conduct of any commercially reasonable
environmental assessment of a Lot or portion of the Property by any
prospective Owner, Owner, Mortgagee or prospective Mortgagee; or
(C) in connection with the construction or maintenance of an
approved Improvement.
(e) Landscaping and Irrigation
The following landscaping restrictions shall apply to all Lots within the Property:
(1) Every Lot or portion thereof on which a Building shall have been
placed shall be landscaped and irrigated in accordance with plans submitted to and
approved by (i) Declarant, or (ii) after the Transition Date, the Board or such
committee as may be established by the Board for such purpose. All landscaping and
irrigation with respect to each Building shall be installed within sixty (60) days after
Occupancy or substantial completion of construction of such Building, whichever
occurs first. For purposes of this Agreement, "substantial completion of
construction" shall mean issuance of a certificate of occupancy for the entire
Building, or the equivalent authorization issued by the governmental body having
jurisdiction and, in the event the jurisdiction in question no longer issues a certificate
of occupancy or its equivalent, "substantial completion of construction" shall mean
substantial completion, finishing and equipping of the Building according to the plans
and specifications therefor approved by Declarant and the applicable governmental
building department. If, at any time after Occupants occupy Buildings on other Lots,
the Owner of a Lot does not commence construction of a Building on such Owner's
Lot within six (6) months after acquisition, such Lot shall, at a minimum, be seeded
with a drought -resistant grass mixture to hold down weed growth and minimize wind
and water erosion and shall be mowed and maintained in an orderly and neat
condition and debris, weeds and any waste materials shall be removed or controlled
on a regular basis. If Declarant grades any portion of the Declarant Lots, the graded
portion will be hydroseeded or at Declarant's option otherwise planted with grass.
However, Declarant shall not otherwise be required to comply with the foregoing
requirements for unimproved Declarant Sale Lots. Such landscaping and irrigation
shall thereafter be kept and maintained in accordance with this Declaration, the
Entitlements and the Improvements Maintenance Standards.
(2) Landscaping and irrigation equipment, supplies and above surface
pipes and installations shall be screened in a commercially reasonable fashion from
the ground -level view of any Lot, Common Area or public street.
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2007092 i uu`i i 0—.--
(3) All planting and irrigation installations shall be maintained in a neat
and orderly fashion. In the event Declarant, the Board, or any committee established
by the Board for such purpose determines that any Lot is not being properly
maintained, correction work shall be accomplished within thirty (30) days of receipt
of notice from Declarant, the Board, or such committee of any directions with regard
to maintenance.
(4) The following criteria shall be deemed minimum maintenance
standards:
(A) All planting areas shall be kept reasonably free of leaves and
debris;
(B) Lawns and ground cover shall be mowed and/or trimmed
regularly;
(C) All plantings shall be kept in a healthy and growing (until
mature) condition. Fertilization, cultivation, weeding, spraying, trimming and
pruning shall be performed as part of a regular maintenance program, with all
such activities to be carried out in accordance with applicable environmental
laws;
(D) Stakes, guys and ties on trees shall be checked regularly to
ensure the correct function of each. Ties shall be adjusted regularly to avoid
creating abrasions or girdling of trunks or stems;
(E) Damage to plantings caused by vandalism, automobiles, acts of
nature or any other cause shall be corrected by the individual Lot Owner
within thirty (30) days of occurrence to the condition as such plantings were
in immediately before the damage occurred. All types and sizes of plantings
visible from public rights of way or the Common Area shall be approved by
Declarant or, after the Transition Date, the Board, or any committee
established by the Board for such purpose; and
(F) Irrigation and drainage systems and water features, including
but not limited to retention and detention ponds and bioswales, shall be kept in
a safe, clean, orderly, neat and properly working condition. Adjustment,
replacement of malfunctioning parts and cleaning of systems shall be
performed as part of a regular maintenance program.
(f) Signs
The following sign restrictions shall apply to all Lots within the Property:
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2007092i OO i i 75.E :
(1) Signs must comply with the all -applicable zoning and other laws and
regulations of the City and shall be approved by Declarant or, after the Transition
Date, the Board, or any committee established by the Board for such purpose. No
part of any sign placed on a Building shall be higher than the parapet of such
Building. No moving signs or signs with moving parts or blinking lights shall be
allowed. The lighting of all signs shall comply with section 2(h) of this Declaration.
(2) Except with respect to any signs or monuments erected by Declarant
or the Association on the Common Area or on a Project Monument Area, no
billboard, display, identification, monument or advertising sign shall be permitted on
any Building or Lot, other than the following:
(A) Those identifying the name and business products of the
Occupant of the premises;
(B) Those offering the premises for sale or lease, but for not longer
than eighteen (18) months, without the prior written consent of the Declarant,
or after the Transition Date, the Board, or any committee established by the
Board for such purpose, such consent not to be unreasonably withheld;
(C) Those identifying the names of the businesses engaged in
construction upon the Lot, but for not longer than eighteen (18) months; and
(D) Any signs reasonably necessary to direct traffic or pedestrians
on a Lot or within a Building, or reasonably necessary for the secure operation
of the business or activities conducted on a Lot in accordance with this
Declaration.
(3) All such billboards, displays, identifications, monuments and
advertising signs shall be only of such size, design and color as shall have been
specifically submitted to and approved by Declarant, or after the Transition Date, the
Board, or any committee established by the Board for such purpose, in writing prior
to the erection or installation of said billboard, sign, display, identification, monument
or advertising sign.
(4) Notwithstanding the foregoing, Declarant shall be entitled to place
upon any Lot owned by Declarant or an Affiliate of Declarant such offices and signs
as Declarant shall reasonably deem necessary or convenient in connection with
Declarant's (or any affiliate of Declarant's) marketing and selling of the Lots and/or
Buildings and Improvements.
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(g) Storage and Loading Areas and Service Entrances
The following restrictions on storage and loading areas and service entrances shall
apply to all Lots within the Property:
(1) No materials, supplies or equipment shall be stored in any area on any
Lot except inside a closed building or, if approved in writing by Declarant, or, after
the Transition Date, the Board, or any committee established by the Board for such
purpose, behind a visual barrier screening such areas from the ground -level view of
any public street.
(2) Loading areas shall not encroach into setback areas unless specifically
approved in writing by Declarant or, after the Transition Date, the Board, or any
committee established by the Board for such purpose.
(3) Loading docks shall be set back and screened and/or recessed to
minimize the visual effect from the street. Loading docks shall not encroach upon or
extend into setback areas. Loading will not be permitted in the setback area fronting
the street, except as permitted in writing by Declarant or, after the Transition Date,
the Board, or any committee established by the Board for such purpose. In no event,
however, will loading areas, docks or facilities be located or designed so as to
necessitate backing maneuvers by vehicles into or on public streets.
(4) The number and type of service entrances required in each Building
shall be as approved by Declarant or, after the Transition Date, the Board, or any
committee established by the Board for such purpose.
(h) Exterior Lighting
(1) All exterior lighting, including, without limitation, the location,
design, type and size thereof, is subject to the written approval of Declarant or, after
the Transition Date, the Board, or any committee established by the Board for such
purpose.
(2) Each Owner is encouraged to obtain from Declarant, at such Owner's
expense (and to provide to the Occupants of his Lot, as applicable), a copy of the
surface street lighting system plans for the Property, to assist in evaluating overall site
lighting needs.
(3) Exterior lighting shall be adequately controlled to prevent glare and
undesirable illumination of other Lots and public streets.
(4) Parking area lighting and walkway and landscape feature lighting are
encouraged as necessary and desired for safety and aesthetic purposes; provided,
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however, that all standards, fixtures and design criteria for such lighting shall be
subject to the approval of Declarant or, after the Transition Date, the Board, or any
committee established by the Board for such purpose.
(i) Construction Regulations and Restrictions
(1) Construction activities (except for construction of interior tenant
improvements), shall be conducted between the hours of 7:00 a.m. and 9:00 p.m.
only, or as otherwise approved by Declarant or, after the Transition Date, the Board,
or any committee established by the Board for such purpose.
(2) All Improvements shall be approved by Declarant or, after the
Transition Date, the Board, or any committee established by the Board for such
purpose, including, without limitation, all building orientation and building massing.
Notwithstanding the foregoing, such approvals shall not be required for any
modifications to improvements that do not materially alter the location, size,
footprint, quality of construction or exterior appearance of existing Improvements.
All Improvements shall in any case conform to the Entitlements and all applicable
City and other local, State and federal laws, statutes, rules and regulations, to the
extent each Owner is subject thereto.
(3) No mechanical equipment, apparatus, satellite dish or antenna shall be
placed above the roof line (which shall be measured by the roof curb or parapet) of
any Building, unless an exemption has been specifically approved in writing by
Declarant or, after the Transition Date, the Board, or any committee established by
the Board for such purpose.
(4) All exterior -building materials used in the construction of any
Improvement are subject to the written approval of Declarant or, after the Transition
Date, the Board, or any committee established by the Board for such purpose.
(j) Utilities; Declaration of Easement.
(1) Declarant hereby declares, creates, grants, and reserves the following two
easements: (a) an easement for the installation of utility lines, including without limitation,
lines for water, sanitary sewer, storm water, gas, electricity, telecommunications and any
other lines that may be approved from time to time by the Association mutually benefiting
and burdening Lots 27, 29, 30, 31, and 32, in the area on each of said Lots shown as a "10-
foot utility easement' on Exhibit A and described in Exhibit B; and (b) an easement for the
installation of utility lines, including without limitation water, sanitary sewer, storm water,
gas, electricity, telecommunication and any other lines that may be approved from time to
time by the Association, and an easement for ingress, egress, and access benefiting Lot 28
and burdening Lot 29, in the area on Lot 29 shown as a "30-foot access and utility easement'
on Exhibit A and described in Exhibit B. The Owner of each Lot burdened by either of said
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easements shall keep the portion of the easement area within such Owner's Lot free of any
surface improvements of any kind, other than installations required for the use, maintenance,
or operation of utility lines and free of any landscaping of any kind that would interfere with
or inhibit access to or use of the easement area for the purposes declared hereby.
(2) Hookups for water (including, without limitation, hookups to existing or
hereinafter constructed waterlines of the City of Renton Department of Public Works),
sanitary sewer, storm water, gas, electricity and telecommunications, whether to main lines
running under the public right of way or otherwise, shall be the sole responsibility of the
Owner or Occupant of each Lot, and neither the Association nor Declarant shall have any
responsibility or liability in connection therewith.
(k) Maintenance
Each owner of a Lot shall keep the Lot and all Improvements thereon in a safe, clean,
maintained, neat and operable condition.
3. REGULATION OF OPERATIONS AND USES
(a) Permitted Uses
(1) Unless limited by the maximum Entitlements allocated to specific
Lot(s) or applicable zoning requirements, or otherwise prohibited herein, by the
Entitlements, or by covenant, deed or lease, any lawful use of a Lot will be permitted
if it is performed or carried out entirely within a completely enclosed and roofed
Building that is so designed and constructed that the enclosed operations and uses do
not and will not cause or produce a nuisance or disturbance to Persons and activities
on other Lots and the public streets, including, but not limited to, vibration, sound,
odor, electro mechanical disturbance and radiation, electromagnetic disturbance and
radiation, air or water pollution, dust and emission of odorous, toxic or nontoxic
matter.
(2) Upon notice to Declarant, reasonable exceptions to the provisions of
Section 3(a)(1) shall be made during reasonable periods of time when the breakdown
of equipment occurs; provided, however, that such breakdown was not reasonably
preventable.
(3) Each Owner shall have the right to lease all or any part of his Lot;
provided, however, that all such leases shall be in writing and shall contain
provisions:
(A) stating that the lease is subject in all respects to the Governing
Documents;
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2007092iuuii7f ,_
(B) stating that any failure of the lessee to comply with each of the
provisions of the Governing Documents shall constitute a default under such
lease; and
(C) stating that the tenant under such lease shall use its best efforts
to cooperate (at its sole expense) in programs which may be undertaken by the
Owner or Association independently, or in cooperation with or as mandated
by local municipalities or governmental agencies, or in cooperation with other
property owners in the vicinity of the Property, to reduce peak levels of
commuter traffic. Such programs may include, but shall not be limited to,
carpools, vanpools and other ride sharing programs, public and private transit
and flexible work hours.
(4) Each Owner and Occupant hereby agrees that it will use commercially
reasonable efforts to cooperate in and comply with (at its sole cost and expense)
programs which may be hereafter undertaken by the Association independently, or in
cooperation with or as mandated by local municipalities or governmental agencies, or
in cooperation with other property owners in the vicinity of the Property, to reduce
peak levels of commuter traffic. Such programs may include, but shall not be limited
to, carpools, vanpools and other ride sharing programs, public and private transit and
flexible work hours. In addition, each Owner and Occupant specifically agrees (at its
sole cost) to comply with and participate in any traffic mitigation plan(s) which may
now or hereafter be imposed by any government agency with jurisdiction over such
matters upon all or any portion of the Property.
(b) Restrictions and Prohibited Uses
(1) No Lot(s) shall be used or developed in any way which is inconsistent
with any Entitlements.
(2) No Owner or Occupant shall cause, suffer or permit on or from any
Lot(s) owned or occupied by it any violation of any federal, State or local law,
ordinance, rule, regulation, order or decision (including without limitation with
respect to storm water control, runoff or accumulation or the release or discharge of
hazardous substances or materials into storm water control, conduit or retention
facilities).
(3) No Owner or Occupant shall cause, suffer or permit with respect to
any Lot(s) owned or occupied by it (other than due to independent governmental
action beyond such Owner's or Occupant's control) any rezoning or other
modification or increase in any Entitlements (including without limitation maximum
permitted building square footage, floor area ratio or peak traffic generation)
applicable to said respective Lot(s) as of the date of acquisition of same by such
respective Owner or Occupant, without (A) prior to the Transition Date the prior
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written consent of Declarant and, if such rezoning or other modification or increase
will have an adverse effect on any other Lot, affect any other Owner's or Occupant's
rights or obligations under this Declaration, the affected Owner(s) or (B) after the
Transition Date, the affirmative vote of Owners owning seventy-five percent (75%)
of the Total Entitlement. In no event shall any such rezoning or other modification or
increase violate any of the use restrictions or other restrictions and covenants
contained in this Declaration.
(4) The following uses are expressly prohibited in any and all portion(s) of
any and all Lot(s) within the Property:
(A) schools (other than trade or technical schools);
(B) hospitals, clinics, medical or dental offices;
(C) (a) the sale, creation, distribution, or display of pornographic,
obscene, or so-called "adult" literature, periodicals, movies, videos, pictures,
photographs, or the like; (b) the presentation of so-called "adult"
entertainment (c) the operation of a strip club, gentlemen's club, or an
establishment providing entertainment in the form of table or lap dancing or
(d) the sale, distribution, or display of drug paraphernalia;
(D) single-family residential, without appropriate zoning and the
prior written approval of Declarant (if prior to the Transition Date), and the
affirmative vote of Owners owning seventy-five percent (75%) of the Total
Entitlement;
(E) bars, night clubs, men's clubs;
(F) trailer courts without appropriate zoning, the prior written
approval of Declarant (if prior to the Transition Date), and the affirmative
vote of Owners owning seventy-five percent (75%) of the Total Entitlement;
(G) distillation of bones;
(H) junk or salvage yards, or dumping, disposal, incineration or
reduction of garbage, sewage offal, dead animals or refuse;
(I) rendering of fat or animal tissues;
(J) stockyard or slaughter of animals;
(K) refining of petroleum or its products;
(L) smelting of ores;
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2007092iUUii9R¢
(M) raising or boarding of animals, except for animals kept within a
Building and necessary for onsite laboratory or research purposes;
(N) stand-alone retail or wholesale by any automobile, truck,
camper or mobile home dealerships having outside storage and inventory
operations;
(0) retail food or beverage establishments (but office -oriented
retail food and beverage establishments providing service within a Building
are allowed);
(P) warehouse or distribution, other than (i) distribution of cash
and/or financial instruments in connection with banking operations or (ii)
other warehouse or distribution uses acceptable to the Declarant, or after the
Transition Date, the Board, in its sole discretion;
(Q) open cross -dock truck terminals without the prior written
approval of Declarant (if prior to the Transition Date) and the affirmative vote
of Owners owning seventy-five percent (75%) of the Total Entitlement;
(R) any other use which is offensive or hazardous to any Lot(s) in
the Property or contiguous properties by reason of odor, fumes, dust, smoke,
noise, electromagnetic or nuclear radiation, thermal pollution, liquid or solid
waste pollution or particular danger of fire or explosion; and
(S) the sale of alcoholic beverages other than wine and beer for on -
site consumption and which is associated with restaurants, sandwich shops or
catered events located within Buildings (and then only to the extent permitted
by the Entitlements).
(c) Certain Nuisances
The following restrictions on nuisances shall apply to all Lots within the Property:
(1) No public or private nuisance shall be permitted to exist or operate
upon any Lot or any portion thereof. The result of any act or omission whereby any
of the provisions contained in this Declaration is violated in whole or in part shall be
deemed to be a nuisance and all remedies allowed by this Declaration or by law or
equity with respect to nuisances, either public or private, shall be applicable and may
be exercised by Declarant prior to the Transition Date, or the Association (acting
through the Board) at any time.
(2) No rubbish, trash, waste, residue, brush, weeds, undergrowth or debris
of any kind or character shall ever be placed or penmitted to accumulate upon any Lot
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2007092100117-r+ :.
or any portion thereof, so as to render said premises a fire hazard, unsanitary,
unsightly, offensive or detrimental to any Person or activity on any other Lot or on
any public street.
(3) No Building or other Improvement shall be permitted to fall into
disrepair and all Buildings and other Improvements shall at all times be kept in good
condition and repair (including, without limitation, free of the presence of wood
destroying pests and organisms) and adequately painted or otherwise finished. Any
and all exterior repairs, redecoration, modifications or additions shall be made in
accordance with, and shall be subject to, the Governing Documents, the Entitlements
and all applicable statutes, ordinances and governmental regulations, and shall be
approved in writing by Declarant.
(4) No condition shall be permitted to exist upon any Lot which shall
induce, breed or harbor infectious plant diseases, rodents or noxious insects (other
than for limited use under controlled laboratory research and development operations
which will not impact any other Lot).
(5) No Owner or Occupant shall in any way interfere with the natural or
established drainage of water over such Owner's or Occupant's Lot from adjoining or
other Lots, nor shall any Owner or Occupant in any way interfere with the natural or
established drainage of water from such Owner's or Occupant's Lot so as to cause or
permit water to drain onto, over or under any adjoining or other Lot. In the event it is
necessary to change the natural or established drainage flow over any Lot, then the
Owner or Occupant of such Lot shall adequately provide for proper drainage, and
such changes shall be approved in writing by Declarant or, after the Transition Date,
by the Board. For the purposes hereof, "natural" drainage is defined as the drainage
which would naturally occur at the time of acquisition of a Lot from Declarant or (if
applicable) at such later time as the overall approved grading plan of the Property has
been completed by Declarant (if and when it is so completed by Declarant in its sole
and absolute discretion). For the purposes hereof, "established" drainage is defined
as the drainage which occurred or which would occur at the time the overall grading
of the Property, including the finish grading of each Lot, was or will be completed.
(6) Unless an exemption has been specifically approved in writing by
Declarant or, after the Transition Date, by the Board, no antenna, satellite dish or
other device for the transmission or reception of television signals or any other form
of electromagnetic radiation shall be erected, used or maintained outdoors above
ground on any Lot, whether attached to a Building or otherwise; provided, however,
that such devices may be placed on the roofs of buildings so long as they do not
extend beyond the roof line (which shall be measured by the roof curb or parapet).
(7) No tools or equipment and no derrick or other structure designed for
use in boring for water, oil, gas or other subterranean minerals or other substances, or
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2007092100117 in,
designed for use in any mining operation or exploration, shall hereafter be erected or
placed upon or adjacent to any Lot, except if such boring is conducted in connection
with a commercially reasonable environmental assessment.
(8) No adverse environmental condition shall be permitted to exist on any
Lot, nor shall any toxic or hazardous wastes be permitted to be generated, treated,
stored, disposed of or otherwise deposited in or on or allowed to emanate from any
Lot or any portion of the Property, including, without limitation, the surface waters
and subsurface waters thereof, provided, however, that hazardous substances may be
stored or used so long as such storage and use is conducted in compliance with the
Entitlements and all applicable laws, statutes, ordinances, rules and regulations of any
City, County, State or federal governmental body.
(9) No Owner or Occupant shall permit anything to be placed in or on any
Building which shall cause sunlight glare in excess of that permitted by Declarant (or,
after the Transition Date, the Board) or any governmental entity with jurisdiction.
(10) Each Owner and Occupant shall affirmatively conserve water on its
Lot, and no Owner or Occupant shall use a greater quantity of water than that
reasonably necessary for the approved use of its Lot(s), including appropriate
landscaping thereof. Each Owner and Occupant hereby agrees that it will use its best
efforts to cooperate in and comply with (at its sole cost and expense) programs which
may be hereafter undertaken by the Association independently, or in cooperation with
or as mandated by local municipalities or governmental agencies, or in cooperation
with other property owners in the vicinity of the Property, to reduce water
consumption. Such programs may include, but shall not be limited to, regulation of
the hours and amount of irrigation, replacement of plumbing fixtures and parts with
more efficient models, and installation of water meters or regulators.
(d) Indemnification
Each Owner (including Declarant and its Affiliates only in their capacities as
Owners), by accepting its deed and/or continuing to own a Lot (and if such Lot is benefited
by the easement provided for in Section 20)(1), by accepting such easement and/or entering
or using the land burdened by such easement), and each Occupant (including Declarant and
its Affiliates only in their capacities as Occupants), by accepting the right to occupy a Lot
(and if such Lot is benefited by the easement provided for in Section 20)(1), by accepting
such easement and/or entering or using the land burdened by such easement), agrees
personally and for all its Permittees, to indemnify each and every other Owner and Occupant,
the Association, Declarant and each of their respective Affiliate(s), heirs, successors and
assigns, and to hold them harmless from, and to defend them against any liability, including,
without limitation, any claim by any Person for personal injury or property damage, arising
out of or connected with the Lot or Lots of that particular Owner or Occupant or any
activities conducted thereon or on the area of the respective easements provided for in
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Section 20)(1); provided, however, that such liability shall have resulted from the acts or
omissions of the Owner or Occupant of such Lot or Lots or their respective employees,
agents, contractors or invitees. Without limiting the generality of the foregoing, the
indemnity provided in this Section 3(d) is expressly intended to include, and shall include,
indemnification for any claim or cause of action under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (the "Superfund Act'), the Resource
Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et sea.), the Washington
Model Toxics Control Act, (R.C.W. Ch. 70.105D), the Washington Hazardous Waste
Management Act (R.C.W. Ch. 70.105), all as amended from time to time, and any other
federal, State or local environmental or other statutes, ordinances, regulations or guidelines;
provided, however, that such indemnity shall be limited to liability and loss of property value
caused by a hazardous substance placed or permitted to be placed on any Lot or Lots by the
Owner or any Occupant of such Lot(s) or a Permittee of the Owner or such Occupant.
Nothing in the foregoing shall limit the rights of the Owner, the Association or Declarant
under relevant State, local or federal law. Each Owner will cause the indemnification
provisions of this Section to be set forth in each lease of all or any portion of a Lot, and the
indemnification provisions of this Section are hereby deemed and agreed to be incorporated
into each and all such lease(s), whether or not expressly set forth therein.
4. APPROVAL OF PLANS
(a) Approval Required
No Improvement(s) shall be commenced, erected, placed, moved, altered, maintained
or permitted to remain on any Lot or any portion thereof until master plans, preliminary
plans, final plans and all other plans, specifications, drawings, designs and other materials
required by Declarant to be submitted have been submitted (in the form and content and with
the number of copies required by Declarant) to and approved in writing by Declarant, or by
the Board after the Transition Date. Such plans and specifications shall be submitted in
writing over the authorized signature of the Owner or Occupant of the Lot or his authorized
agent. Nothing herein contained shall require submission to or approval by Declarant or the
Board of plans and specifications relating to normal maintenance of or alterations to the
interior (except the lobby area) of any structure existing or under construction in the Property
on the date of recording of this Declaration or hereafter constructed in compliance with the
requirements of this Declaration. In addition, and notwithstanding the foregoing, with regard
to arty Improvements to be installed by FRB, any other banks, and any other Owners or
Occupants with special security or confidentiality concerns any such plan, specification,
drawings and designs shall be required only for the purpose of confirming the overall
location, size, footprint, quality of construction and exterior appearance of such
Improvements, and any such plans, specifications, designs, drawings, and other materials
shall not be required to provide details with regard to the interior portions of mechanical,
electrical, heating HVAC or other systems, or with regard to the exterior layout of such
Building and other Improvements. Approval by Declarant of any plans, specifications,
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2007092100117b
drawings, designs or other materials submitted to it shall not be deemed to be approval from
the standpoint of structural safety or conformance with the Entitlements or any applicable
governmental laws, statutes, ordinances, rules or regulations, including, without limitation,
building codes and all applicable handicapped and disabled persons accessibility
requirements such as the Americans with Disabilities Act of 1990. Effective as of the
Transition Date, the approval and other rights of Declarant set forth in this Section 4 shall
transfer automatically and thereafter be exercised by the Board or such committee as may be
established by the Board for such purpose.
(b) Basis for Approval
Approval by Declarant or Board, as applicable, shall be based, among other things, on
(a) adequacy of site dimensions, (b) conformity and harmony of external design with existing
and planned neighboring structures, (c) effect of location of proposed Improvements on
neighboring Lots, (d) design of roofscape from the standpoint of view from adjacent areas,
(e) proper site orientation with respect to nearby streets and (f conformity of the plans and
specifications and the quality of the proposed Improvements to the purpose, general scheme
and quality of improvement and development and intent of this Declaration. Declarant or the
Board, as applicable, shall not arbitrarily or unreasonably withhold its approval of such plans
and specifications; provided, however, that Declarant or the Board, as applicable, shall at all
times be subject to compliance with the provisions of this Declaration and the Entitlements.
(c) Time for Approval or Disapproval
All approvals and disapprovals by Declarant or the Board, as applicable, shall be in
writing. In the event that Declarant or the Board, as applicable, or their respective
designated representatives fails to approve, disapprove or grant an extension of time within
which to approve or disapprove any request, plan, specification, design or plot plan within
thirty (30) days after the Submittal Date (as that term is defined below in this Section 4(c)),
then the provisions hereof relating to such approval by shall be deemed to have been waived
solely as to such plan, specification, design or plot plan; provided, however, that such waiver
shall not be deemed to be a waiver of any other covenant, condition or restriction provided
herein. The method for all submittals to Declarant or the Board, as applicable, shall be by the
mailing of a certified first class letter via United States Mail, return receipt requested, or by
personal delivery (including courier service or messenger) to such party, which shall, within
ten (10) business days of receiving said letter, give written acknowledgement of the receipt
thereof to the submitting party. For purposes of this Section 4, the "Submittal Date" shall be
the date upon which Declarant or the Board, as applicable, receives the submittal, as shown
on the writing from Declarant or the Board, as applicable, acknowledging receipt of such
submittal.
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20070921001175, ._
(d) Presumption of Compliance
Notwithstanding anything to the contrary herein contained, after the expiration of two
(2) :years from the date of issuance of a building permit by the City for any Improvement,
said Improvement shall, in favor of purchasers and encumbrancers in good faith and for
value, be deemed to be completed and in compliance with all provisions of this Section 4,
unless actual notice of such noncompletion or noncompliance, executed by Declarant or the
Board, as applicable, or a designated representative thereof, shall appear of record in the
Office of Records and Elections of the County or unless legal proceedings shall have been
instituted to enforce such completion or compliance.
(e) Fee
(1) An architectural review fee shall be paid to Declarant or, after the
Transition Date, to the Association. The amount of such fee shall not exceed the
Declarant's or Association's estimate (a copy of such estimate shall be provided to a
Lot Owner within 10 calendar days of such Lot Owner's written request) of the
out-of-pocket cost to be incurred by Declarant or the Association (i) for hiring outside
consultants to review such plans, and (ii) for any other reasonable expenses incurred
by Declarant or the Association in connection with its review, analysis and approval
of such plans. Such fees shall be paid at such times and in such manner (including,
without limitation, partial or full payment in advance, based on Declarant's or the
Association's estimate of the costs it is likely to incur in connection therewith) as
Declarant or the Association may determine. In addition, Declarant or the
Association may (in its sole discretion and as a condition to granting any consent(s) to
proposed development) require a deposit from any Lot Owner(s) in order to secure
payment for the possible repair, correction or cleanup of Common Area, other Lot(s),
rights of way or Improvements which is reasonably likely to result from such
Owner(s)' construction activities.
(2) If plans are such that after review they are disapproved as not
conforming with the provisions of this Declaration, the Entitlements and/or any
criteria reasonably imposed by Declarant or the Board, as applicable, then the
subsequent submittal of the portion of the plans that is revised or new shall be
deemed to be a new, partial submittal, which shall again be subject to the foregoing
fee.
M Governmental Action
If the plans approved by Declarant or the Board, as applicable, are subsequently
required to be modified by City or other governmental action, said revisions shall require the
approval of Declarant or the Board as provided in this Section 4 and Declarant or the
Association, as applicable, shall be paid an additional architectural review fee, the amount of
which shall be determined as provided in Section 4(e)(1) above. In any event, subject to the
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i i i75.v_
limitations set forth with respect to FRB and other Owners with particular security concerns
described in subsection (a), above, one complete set of final plans shall be furnished to
Declarant or the Association, as applicable, upon approval by the City, and such plans shall
be kept on file in the records of the Association in order to assist in ensuring that the
Improvements are constructed in compliance therewith. Again subject to the limitations set
forth with respect to FRB and other Owners with particular security concerns described in
subsection (a), above, at such time as construction is completed, one complete set of final "as
built" plans and specifications shall be furnished to Declarant or the Association, as
applicable, and kept on file in the records of the Association.
(g) Estoppel Certificate
Within thirty (30) calendar days after written demand and upon payment of a fee not
to exceed Declarant's or the Association's reasonable out-of-pocket costs to prepare such
certificate, Declarant or the Association, as applicable, shall execute an estoppel certificate
certifying that as of the date thereof either (a) to the knowledge of the Declarant or the
Association, all Improvements constructed or other work done on a particular Lot, the plans
and specifications for which were duly approved by the Declarant or the Association, comply
with. this Declaration, or (b) such Improvements or work do not so comply, in which event
the certificate shall identify the noncomplying Improvements or work and set forth with
reasonable particularity the nature of such noncompliance. Any lessee, purchaser or
encumbrancer in good faith and for value shall be entitled to rely upon such certificate with
respect to the matters set forth therein, such matters being conclusive as between Declarant
and such lessee, purchaser or encumbrancer.
(h) Non -Liability of Declarant and Association
Without limiting the generality of Section 7(x) hereof, except as otherwise set forth
below in this Section, neither the Declarant nor the Association shall be liable for damages to
anyone submitting plans to it for approval or to any Owner, Occupant or other Person by
reason of any (a) mistake in judgment, (b) negligence or nonfeasance arising in connection
with the approval or disapproval of any plans, or (c) the execution and filing of an estoppel
certificate pursuant to Section 4(g) hereof. Notwithstanding the foregoing, Declarant and the
Association shall remain subject to liability for any breach of their obligations under this
Declaration. Anyone who submits plans and specifications to Declarant shall be deemed to
have agreed by submission of such plans and specifications, and every Owner and Occupant
by acquiring title and/or possessory rights to any Lot agrees, that he will not bring any action
or suit against Declarant for the recovery of damages by reason of any such approval or
disapproval or by reason of any mistake in judgment, negligence or nonfeasance arising in
connection with the performance by Declarant or the Association of such matters. In the
event the Association shall be held liable with respect to any such approval, disapproval,
mistake, negligence or nonfeasance, then the Association shall not be entitled to obtain
indemnification or contribution from Declarant with respect to such approval, disapproval,
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mistake, negligence or nonfeasance, except to the extent that such liability arises from or
relates to a breach by the Declarant of its obligations under this Declaration.
(i) Improvements Maintenance Standards
Declarant shall have sole responsibility for the interpretation and implementation of
the Improvements Maintenance Standards, provided, however, that the Improvements
Maintenance Standards shall be uniformly applied to all Lots, taking into account any
circumstances unique to a Lot that may require modifications to the Improvements
Maintenance Standards in order to achieve the purposes thereof. In addition, and
notwithstanding any other provision of this Declaration, Improvements Maintenance
Standards shall not be adopted and, once adopted, the Improvements Maintenance Standards
may not be amended, supplemented or repealed in whole or in any material part without the
prior written consent or affirmative vote of Owners owning seventy-five percent (75%) of the
Total Entitlement. Effective as of the Transition Date, the rights and obligations of Declarant
set forth under this Section shall transfer automatically and thereafter be exercised by the
Board or such committee as may be established by the Board for such purpose. Among other
things, the Improvements Maintenance Standards shall require all Lots, Improvements, and
Buildings, to be kept and maintained in good repair, clean and free from garbage and debris,
and in a safe, secure, and aesthetically pleasing manner. The Improvements Maintenance
Standards shall at all times remain commercially reasonable, and shall not require any Lots
or Buildings to be maintained in a manner exceeding customary standards applicable to
office park developments of similar type, kind, and quality.
0) Existing Structures and Uses and Construction by Declarant
Neither this Section 4 nor the provisions of Sections 2(e), 2(f), 2(g), 2(h), 2(i), 3(a),
3(b), 3(c)(5), 3(c)(6) or 3(c)(10) shall apply so as to require the alteration of structures
existing or under construction by Declarant, any designee of Declarant, or, to the extent
approved by Declarant, FRB or the modification of uses existing within the Property as of the
date of recordation of this Declaration.
5. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
(a) Qualification and Voting
(1) Every Owner of a Lot within the Property shall be a member of the
Association. Membership in the Association shall be appurtenant to, and may not be
separated from, ownership of any Lot, which is subject to Assessment. Membership
in the Association shall not be transferred, pledged or alienated in any way, except
upon the sale of the Lot to which such membership is appurtenant, and then only to
the purchaser of such Lot, and, upon the sale of a Lot, the seller's membership in the
Association shall terminate as to such Lot. Any purported transfer of membership in
the Association to any transferee not permitted under this Section 5(a) shall be null
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and void and of no force and effect. In the event the Owner of any Lot shall fail or
refuse to transfer its membership in the Association to the purchaser of its Lot, then
the Association shall have the right to enter such transfer upon its books and, upon
such entry, the old membership outstanding in the name of the seller shall be null and
void and of no force and effect.
(2) Except as otherwise provided in this Declaration, the Articles, the
Bylaws or applicable law, all matters requiring the approval of the Owners shall be
deemed approved if (i) a Majority of the Owners assent to them by written consent or
(ii) if approved by a Majority of the Owners at any duly called regular or special
meeting of the Owners at which a quorum is present, either in person or by proxy.
Except as otherwise provided in this Declaration, the Articles, the Bylaws or
applicable law, a Majority of the Owners shall constitute a quorum for any such
regular or special meetings. In no event may the Association be voluntarily wound
up and dissolved without the approval and consent of each Owner and a legal opinion
furnished by counsel certifying compliance with all relevant legal requirements.
(3) Each Member of the Association (including without limitation
Declarant during the period(s) of time that it owns any Lot(s) within the Property)
shall be entitled to cast one vote per Square Foot of each Lot owned by such Member.
(b) Voting Percentage
Each Voting Member's voting power shall be determined by dividing the total
number of votes to which such Member is entitled ("Voting Entitlement") by the combined
Voting Entitlement of all Owners from time to time ("Total Entitlement") determined in
accordance with the procedures set forth below.
(c) Voting in Cases of Joint Ownership
In the event that two (2) or more Persons comprise the Owner of any particular Lot,
and such Persons are unable to agree among themselves as to how the votes to which they are
entitled shall be cast, then they shall lose their right to vote on the matter in question. If any
such Person casts votes representing a particular Lot, it will thereafter be conclusively
presumed for all purposes that he was acting with the authority and consent of all the other
Persons comprising the Owner of such Lot.
(d) Transfers
(1) The Owner of a Lot shall, as soon as practicable before transfer of title
to such Lot or execution of a real property sales contract therefor, provide the
following to the prospective purchaser:
(A) Copies of the Governing Documents;
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(B) A copy of the most recent financial statement made available
by the Association pursuant to Section I I (c) hereof, and
(C) A true statement in writing from an authorized officer of the
Association as to the amount of any Assessments levied upon the Lot which
remain unpaid as of the date of such statement. The statement shall also
include true information on late charges, interest and costs of collection
which, as of the date of such statement, are or may be made a lien upon the
Lot pursuant to Section 6(h) hereof or applicable law. Such a statement shall
be conclusive upon the Association in favor of any and all Persons who rely in
good faith thereon as to the matters therein contained.
(2) The Association shall maintain and, within ten (10) business days of
receipt of a written request, shall make available to the Owner of a Lot, a copy of the
requested items specified in Section 5(d)(1)(A), (B) and (C) hereof. The Association
may charge a fee for this service, which fee shall not exceed the Association's
reasonable cost to prepare and reproduce the requested items.
(3) The Association shall have the right to collect a fee in connection with
a transfer of title or of any other interest in a Lot to cover its reasonable costs incurred
in connection therewith, including, without limitation: (i) a fee equal to the
Association's actual cost to change its records to reflect such transfer and (ii) the fee
authorized by Section 5(d)(2) hereof. The Board may establish a schedule of fees
based on its reasonable estimate of the Association's cost to perform such services
and may impose such fees on the basis of such estimate. In the event such schedule is
established, then the fees set forth therein shall conclusively be presumed to satisfy
the requirements of Section 5(d)(2) hereof and this Section 5(d)(2).
(4) Concurrently with the consummation of the sale of any Lot, or within
five (5) days thereafter, the transferee shall notify the Association in writing of such
sale. Such notification shall set forth the name of the transferee and its Mortgagees
and the transferor, the address of the Lot purchased by the transferee, the transferee's
and the Mortgagees' mailing address and the date of sale. Before the receipt of such
notification, any and all communications required or permitted to be given by the
Association or the Board shall be deemed to be duly made and given to the transferee
if duly and timely made and given to the transferee's transferor.
(5) Nothing in this Section 5(d) shall be construed as affecting the validity
of title to any Lot transferred in violation of this Section 5(d).
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6. COVENANT FOR ASSESSMENTS TO AND BY THE ASSOCIATION
(a) Covenant to Pay Assessments
(1) Declarant, FRB and each future Owner of a Lot or Lots in the
Property, by acceptance of a deed thereto (whether or not it shall be so expressed in
such deed), is hereby deemed to covenant and agree to pay to the Association:
(A) Regular Assessments, which shall include an adequate reserve
fund for the periodic maintenance, repair and replacement of the Common
Area; and
(B) Special Assessments, as set forth in this Declaration.
(2) Assessments shall be established and collected as hereinafter provided.
All Regular and Special Assessments, together with interest at a rate of eighteen
percent (18%) per annum or, if less, the highest rate permitted by law, costs and
reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot
against which each such Assessment is made. No Owner of a Lot may exempt itself
from liability for the payment of Assessments by waiving the use or enjoyment of any
part of the Common Area or by abandoning its Lot.
(b) Purpose of Assessments
Subject to Section 6(e) hereof, the Association shall levy Regular Assessments and
Special Assessments sufficient to perform its obligations under the Governing Documents
and to pay for Common Expenses, subject, however, to the restrictions of Section 8(h). Such
Assessments shall be used exclusively to promote the health, safety and welfare of the
Owners and Occupants, for the improvement and maintenance of the Common Area, for the
performance of the duties and operations of the Association and to further any other purpose
that :is for the common benefit of the Owners and Occupants in their use and enjoyment of
the Property.
(c) Regular Assessments
Regular Assessments shall be levied for each Fiscal Year by the Association based
upon the annual budget adopted by the Board as set forth in Section 7(q) hereof.
(d) Special Assessments
(1) In addition to the annual Regular Assessments authorized in this
Section 6 but subject to Section 6(e) hereof, the Association may levy, in any Fiscal
Year, a Special Assessment for the purpose of defraying, in whole or in part, the cost
of (a) any construction, reconstruction, alteration, repair or replacement of a capital
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improvement upon the Common Area and/or fixtures and personal property related
thereto and (b) any other action or undertaking by or on behalf of the Association
which exceeds the budgeted gross expenses of the Association for that Fiscal Year.
Notwithstanding the foregoing, the Association may not impose a Special Assessment
for purposes of making a substantial capital improvement to the Common Area and/or
fixtures and personal property related thereto, or impose any other substantial Special
Assessments on the Owners, without the prior written approval or affirmative vote of
Owners owning seventy-five percent (75%) of the Total Entitlement, unless the
capital improvement is required in order to cause the Common Area and/or the
fixtures or personal property included therein to comply or continue to comply with
the requirements of law, governmental authorities or insurance policies, to mitigate or
prevent a condition that does or may pose a risk of injury to persons or material
damage to property or to repair damage from a casualty to the extent not covered by
insurance. In addition, all costs and expenses associated with the initial development
and construction in the Common Area of the access road serving the Property have
been or shall be borne by Declarant, FRB, and other Owners in accordance with the
terms of outside agreements between them, and the Association shall not bear or
impose any Special Assessments with respect to such costs and expenses.
(2) In addition to the Special Assessments provided in Section 6(d)(1), the
Association may levy a Special Assessment against any individual Lot as a fine under
Section 7(h)(2) hereof or to reimburse the Association for costs incurred by the
Association (including reasonable attorneys' fees, interest or any other miscellaneous
costs) in bringing such Lot and/or the Owner or Occupant thereof into compliance
with the Governing Documents (including, without limitation, under Section 9(a)(1)
hereof), which Special Assessment may be levied upon the vote of the Board after
notice and an opportunity for a hearing pursuant to the procedure set forth in
Section 7(h)(1) hereof.
(e) Limitation on Assessments
Notwithstanding any other provision of this Declaration to the contrary, the Board
shall not impose or collect any Assessment that exceeds the maximum amount allowed by
law.
(f) Allocation of Assessments
Both Regular and Special Assessments (except where Special Assessments are levied
as a :fine under Section 7(h)(2) hereof or are a remedy utilized by the Board against a
particular Owner to reimburse the Association for costs incurred in bringing such Owner,
such Owner's Lot and/or the Occupant of such Lot into compliance with the provisions of the
Governing Documents) shall be divided among Owners based on the ratio that such Owner's
Voting Entitlement bears to the Total Entitlement (as determined by the formula set forth in
Section 5(b) hereof).
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(g) Commencement of Assessments
(1) The Regular Assessments provided for herein shall commence as to all
Lots on the first day of the month following the recordation of this Declaration. The
first Regular Assessment shall be prorated according to the number of months
remaining in the Fiscal Year in which such recordation occurs. The Board shall
determine and fix the amount of the Regular Assessment against each Lot at least
forty five (45) but not more than ninety (90) days in advance of the commencement
of each Fiscal Year, and shall establish the due date(s) for payment of such
Assessments. Subject to Section 6(e) hereof, the Board may increase or decrease the
Regular Assessments from Fiscal Year to Fiscal Year.
(2) Written notice of each Assessment shall be sent to every Owner
subject thereto. Each Assessment levied against a Lot shall become a debt of the
Owner of such Lot at the time such Assessment is levied. If there is more than one
Person comprising the Owner of a particular Lot, each such Person shall be jointly
and severally liable for such Assessments.
(h) Liens for Delinquent Assessments
(1) Regular and Special Assessments shall be delinquent thirty (30) days
after they become due. The Association may but shall not be obligated to send notice
of such delinquency (an "Assessment Delinquency Notice") to the Owner of any Lot
with respect to which an Assessment has become delinquent. At any time after (1)
any Assessment levied by the Association affecting any Lot has become delinquent,
(2) the Association has given to the Owner of such Lot an Assessment Delinquency
Notice, and (3) a period of fourteen (14) calendar days has passed following the date
on which the Association sent the Assessment Delinquency Notice during which time
the delinquency has not been cured, the Board may file for recordation in the Office
of Records and Elections, King County, Washington, a notice of delinquent
Assessment as to such Lot, which notice shall state (i) all amounts which have
become delinquent with respect to such Lot, the costs of collection connected
therewith (including attorneys' fees), the amount of the late charge imposed (which
shall not exceed ten percent (10%) of the delinquent Assessment or Ten Dollars
($10), whichever is greater) and the interest which has accrued thereon, (ii) the
amount of any Assessments relating to such Lot which are due and payable although
not delinquent, (iii) a description of the Lot with respect to which the delinquent
Assessments are owed and (iv) the name of the record or reputed record Owner of
such Lot. Such notice shall be executed by any officer of the Association.
Immediately upon recording of any such notice of delinquent Assessment, the
amounts delinquent as set forth in such notice, the reasonable costs (including
attorneys' fees) incurred in collecting the delinquent Assessment, the late charge
imposed as provided herein and interest which has accrued or thereafter shall accrue
thereon, shall together be and become a lien upon the Lot described therein, which
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lien shall also secure all other Assessments, costs of collection (including attorneys'
fees), late charges and interest accruing thereon which shall become due and payable
with respect to said Lot following such recording. Upon full payment of the sums
specified in the notice of delinquent Assessment, the Association shall cause to be
recorded a further notice, similarly executed, stating that the lien has been satisfied
and released.
(2) The lien of the Assessments provided in Section 6(a) hereof and the
lien for delinquent Assessments, costs of collection, late charges and interest provided
in Section 6(h)(1) shall be prior and superior to all other liens except taxes, bonds,
governmental assessments and other levies which, by law, would be superior thereto.
The sale or transfer of any Lot shall not affect or extinguish an Assessment lien
against such Lot; provided, however, that the sale or transfer of any Lot through
foreclosure (judicial or nonjudicial), trustee's sale or deed in lieu of foreclosure shall
extinguish the lien of such Assessment as to payments which became due prior to
such transfer, as provided in Section 11(a) hereof. In no event shall any sale or
transfer (whether by foreclosure or otherwise) relieve any Lot from lien rights in the
Association for any Assessments thereafter becoming due.
(i) Enforcement of Assessment Obligation
The Association may enforce delinquent Assessments by suing the Owner directly on
the debt established by the Assessment, or by recording a lien against the Owner's Lot as
provided in Section 6(h) hereof and foreclosing the lien through judicial proceedings (or if
legally available after recordation of this Declaration, through nonjudicial proceedings). The
Association may commence and maintain a lawsuit directly on the debt without waiving its
right. to establish a lien against the Owner's Lot for the delinquent Assessment, and vice
versa. Any lien created pursuant to Section 6(h) hereof may be enforced in any manner now
or hereafter permitted by law, including foreclosure sale by a court or nonjudicial foreclosure
procedures (to the extent such procedures are hereafter adopted or permitted under applicable
law). The Association shall have the power to bid for the Lot at a foreclosure sale, and to
acquire and hold, lease, mortgage and convey the same. Nothing herein contained shall
prohibit the Association from taking a deed in lieu of foreclosure of a lien created pursuant to
Section 6(h) hereof. In any action instituted by the Association to collect delinquent
Assessments, accompanying costs, late charges or interest, the prevailing party shall be
entitled to recover its costs and reasonable attorneys' fees.
(j) Assessments for Taxes
Subject to Section 6(e) hereof, in the event that any taxes of any nature are assessed
against the Common Area or the personal property of the Association rather than against an
individual Lot, then said taxes shall be added to the annual Regular Assessments or, at the
discretion of the Board, a Special Assessment may be levied in an amount equal to said taxes.
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7. POWERS AND DUTIES OF THE ASSOCIATION
The Association shall have all the powers of a nonprofit mutual corporation organized
under the Washington Nonprofit Miscellaneous and Mutual Corporations Act
(Chapter 24.06), subject only to such limitations on the exercise of its powers as are
established by law or set forth in the Articles, the Bylaws or this Declaration. It shall have
the power to do any lawful thing that may be authorized, required or permitted to be done by
the Association under this Declaration, the Sections or the Bylaws, and to do and perform
any act that may be necessary or proper for, or incidental to, the exercise of any of the
express powers of the Association. Subject to the limitations set forth in this Declaration, the
Articles, the Bylaws or the laws of the State as to actions which must be authorized or
approved by the Members of the Association (i.e., the Owners), all corporate powers shall be
exercised by or under the authority of, and the business and affairs of the Association shall be
controlled by, the Board. Without limiting the generality of the foregoing but subject to the
same limitations, it is hereby expressly declared that, in addition to the other powers and
duties of the Board provided in this Declaration and elsewhere in the Governing Documents,
the Board shall specifically have:
(a) Designate Officers
The power and the duty to select, appoint and remove the officers, agents and
employees of the Association, prescribe such powers and duties for them as are not be
inconsistent with law, the Entitlements, the Articles, the Bylaws or this Declaration and,
subject to the provisions of the Bylaws, fix their compensation.
(b) Management and Control
The power and the duty to conduct, manage and control the affairs and business of the
Association, and to make such rules and regulations therefor as they deem best and as are not
inconsistent with law, the Entitlements, the Articles, the Bylaws or this Declaration.
(c) Principal Office
The power but not the duty to change the principal office for the transaction of the
business of the Association from one location to another within the County and to designate a
place within the State for the holding of any membership meeting or meetings.
(d) Incur Indebtedness
The power but not the duty to borrow money and incur indebtedness for the purposes
of the Association, and to cause to be executed and delivered for and in the name of the
Association, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges or other
evidences of debt and security therefor.
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(e) Insurance
(1) To the extent the coverage described in this Section 7(e) is available at
a reasonable cost, the power and the duty to obtain and maintain in force the
following policies of insurance:
(A) Comprehensive public liability insurance with a single limit
and deductible which, in the judgment of the Board, will provide adequate
protection to the Association, but, in any event, with a single limit of not less
than Two Million Dollars ($2,000,000) per occurrence and with a deductible
of not more than Ten Thousand Dollars ($10,000), insuring the Association
against liability for bodily injury, death and property damage arising in
connection with the ownership or use of the Common Area, any other
Association owned or maintained real or personal property or the activities of
the Association;
(B) Fidelity insurance in the form of a bond in an appropriate
amount as determined by the Board, which names the Association as obligee
and protects against misuse and misappropriation of Association property by
Directors, officers, committee members, trustees and employees of the
Association and any management agent and its officers, agents and
employees, whether or not such Persons are compensated for their services;
(C) Workers' Compensation Insurance, to the extent required by
law, covering any employee or uninsured contractor of the Association;
(D) Property and hazard insurance with extended coverage and
special form endorsements covering the replacement cost of any buildings and
other insurable improvements which may hereafter be located on the Common
Area. The proceeds from such insurance shall be paid as provided in any
Mortgage covering the Common Area, or, if there is no such Mortgage, to the
Association, which shall use such funds for the repair, reconstruction or
replacement of the improvements so covered;
(E) Insurance in an amount to be determined by the Board, but in
any event not less than One Million Dollars ($1,000,000), on behalf of
(a) each Director and (b) such other committee members and officers as the
Board in its discretion deems appropriate, for liability asserted against or
incurred by such Director, committee member or officer in such capacity or
arising out of such status, regardless whether the Association would have the
power to indemnify such Director, committee member or officer against such
liability under applicable law; and
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(G) Such other insurance as the Board shall deem necessary or
expedient to carry out the functions of the Association as set forth in this
Declaration, the Sections and the Bylaws.
(2) The liability insurance referred to in Section 7(e)(1)(A) shall name
Declarant, the Directors, any manager and the Owners (as a class) as additional
insureds, and such policy shall include, if obtainable, a cross liability or severability
of interest endorsement insuring against liability to each other insured.
(3) Every policy of insurance obtained by the Association, whether or not
required to be obtained pursuant to the provisions of this Declaration, shall expressly
waive any and all rights of subrogation against Declarant, its Affiliates,
representatives and employees, the Directors and all Owners.
(4) The premiums for the insurance policies obtained and maintained by
the Association shall be a part of the Common Expenses to be included in the
calculation of the regular Assessments levied by the Association, subject, however, to
the restrictions of Section 8(h).
(5) The Board shall periodically review the coverage provided by the
insurance policies obtained and maintained by the Association and, to the extent that
increased coverage is available and at the Board's discretion, shall increase such
coverage in light of inflation, increased risk and similar factors.
(t) Utilities
The power and the duty to pay all charges for utility services for the Common Area.
(g) Common Area
The power and the duty to manage, operate, maintain, repair, restore, add to and
replace (and/or make capital expenditures for and on behalf of the Association with respect
to) (a) the Common Area and all improvements located thereon (including, without
limitation, the express obligation at all times to preserve, plant, install, repair and maintain
the Common Area as set forth in this Declaration), (b) all other property (whether real or
personal) owned by the Association, and (c) any and all property, signs or Improvements
which negatively impact or may negatively impact the Property and which are to be
maintained by third parties (including without limitation the City) which are not maintained
to the satisfaction of the Association and Declarant (including without limitation any and all
areas, walkways and streets dedicated by Declarant). Notwithstanding the foregoing, the
Association may not acquire additional property as Common Area or sell or transfer any
Common Area property (other than a quitclaim of Project Monument Areas by or to
Declarant in accordance with the definition of "Common Area" under Section 1), or convert
any portion of any Lot into Common Area (other than in connection with the relocation of
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Common Area in accordance with the definition of "Common Area") without the prior
written approval or affirmative vote of Owners owning seventy-five percent (75%) of the
Total Entitlement. If any portion of a Lot is to be converted into Common Area, the written
approval of the Owner of such Lot shall be required.
(h) Enforcement
The power and the duty to enforce the provisions of the Governing Documents and
the provisions of any agreement to which the Association is a party. In addition to the other
powers of the Board provided herein and under applicable law, the Board shall have the
power:
(1) To suspend all rights and privileges of an Owner in the Association for
(i) a failure to pay any Regular Assessment or Special Assessment in full promptly
when due (whether or not the Owner is personally obligated to pay such Assessment)
or (ii) each violation of any provision of the Governing Documents. Such suspension
shall continue for a period of time determined by the Board and may, at the Board's
discretion, continue until the Regular Assessment or Special Assessment is paid in
full or the violation is cured. Such suspension shall not take effect unless the Owner
is notified and given an opportunity for a hearing as required by applicable law;
provided, however, that the following minimum requirements shall apply:
(A) The Owner shall be notified in writing of the suspension and
the reasons therefor at least fifteen (15) days prior to the effective date of the
suspension;
(B) If requested by the Owner in writing within five (5) business
days after receipt of such notice, a hearing on said suspension shall be held
before the Board; and
(C) Said hearing shall be held by the Board at least five (5)
business days before the effective date of the suspension, and at said hearing
the Owner shall have the right to appear and defend himself against the
matters resulting in the notice of suspension.
(2) To levy and assess fines against any Owner who violates, or whose
Occupants or Permittees violate, the Governing Documents, pursuant to the same
notice and hearing procedure as is provided for suspension in Section 7(h)(1), and
such other procedures and/or schedules as the Board may establish. Upon notice to
the Owners, the Board may establish a schedule of fines for individual offenses
and/or continuing offenses, which schedule shall thereafter govern the amount of the
fines to be levied, until such schedule is modified or repealed by the Board. Fines
may be levied for each offense and, once levied, each such fine shall become an
Assessment and lien against such Owner's Lot or Lots. Any Owner against whom
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such a fine is levied shall pay such fine to the Association within ten (10) business
days after such levy. The Association shall be entitled to take any legal action or
employ any remedies set forth hereunder or permitted by law to enforce the payment
of such fines.
(i) Square Footage/Total Entitlement Monitoring
The power to track and monitor the Square Footage of all Lots owned by all Owners
from time to time within the Property by ownership, in accordance with the definition set
forth in definition "Special Assessments" hereof and the Voting Entitlement and Total
Entitlement of the Owners.
(j) Contract and Make Payments
The power and the duty to contract and pay for Common Expenses. Withdrawals of
funds from the Association's accounts may be made by any individual or individuals
authorized by the Board to make such withdrawals.
(k) Employment of Agents
The power but not the duty to employ the services of any Person or Persons to
manage and conduct the business of the Association and upon such conditions as are deemed
advisable by the Association, to delegate to such Person or Persons any of its powers.
(1) Services
The power but not the duty to institute any other services for the benefit of the
Owners deemed advisable by the Association.
(m) Recycling Program
The power but not the duty to design and implement a program(s) for the recycling of
the Property's solid waste and to require that all Owners:
(1) individually attempt to recycle solid waste; and
(2) cooperate in any program or effort, which may be undertaken by the
Association or a Declarant independently, or in cooperation with local municipalities
or governmental agencies or other Owners, to encourage recycling of such waste.
(n) Taxes
The power and the duty to pay any taxes and governmental assessments, which are or
could become a lien on the Common Area or any portion thereof.
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(o) Discipline
The power but not the duty to initiate and execute disciplinary proceedings against
Owners and Occupants for violations of the provisions of the Governing Documents.
(p) Periodic Review of Financial Condition
The power and the duty to periodically review the financial condition of the
Association as required by applicable law or as otherwise provided herein or in the Bylaws.
(q) Budget
The power and the duty to prepare annual budgets and financial statements for the
Association and to distribute such budgets and financial statements to the Owners as required
by applicable law or as otherwise provided herein or in the Bylaws.
(r) Litigation
The power and the duty to prosecute or defend, in the name of the Association, any
action affecting or relating to the Association and any action in which all or substantially all
of the Owners have an interest.
(s) Delegation of Powers
The power but not the duty to delegate any of its powers hereunder to other Persons,
including, without limitation, committees, officers and employees.
(t) Security
The power but not the duty to provide, through an outside agency, a security force to
patrol and protect the Common Areas. Notwithstanding the foregoing, any such security
shall, be required to operate in cooperation and not interfere in any way with the security
operations of FRB with respect to the FRB Parcel.
(u) Rules
(1) The power but not the duty to adopt, amend, supplement and repeal the
Rules. The Rules may restrict and govern the use of the Common Area by any
Owner or Occupant; provided, however, that the Rules may not discriminate between
the various Owners and Occupants.
(2) A copy of the Rules shall be given to each Owner not less than ten
(10) business days before said Rules (or, as applicable, an amendment thereto) shall
be effective. The Rules shall have the same force and effect as if set forth herein and
made a part of this Declaration.
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(3) Notwithstanding subsections (1) and (2), above, once adopted the
Rules may not be amended, supplemented or repealed in whole or in part without the
prior written consent or affirmative vote of Owners owning seventy-five percent
(75%) of the Total Entitlement, unless an amendment or supplement is needed in
order to cause the use of the Common Area to comply or to continue to comply with
the requirements of law, a governmental authority, an insurance policy or this
Declaration, in which case the prior written consent or affirmative vote of a Majority
of the Owners shall be required.
(v) Improvements Maintenance Standards
(1) After the Transition Date, the power but not the duty to adopt (if not
previously adopted) amend, supplement and repeal the Improvements Maintenance
Standards (subject to the limitations set forth in Section 4(i)); provided, however, that
at no time shall the standards set forth therein for repair and maintenance be lower
than the minimum standards set forth in this Declaration or required by the
Entitlements; and provided further that the Improvements Maintenance Standards
may impose higher standards of maintenance for Lots visible from main public streets
and/or the Common Area than Lots not so visible. Whether or not Improvement
Maintenance Standards have been adopted, nothing in this Section 7(v) shall be
construed as relieving any Owner or Occupant from the obligation to at all times
comply with the minimum standards for repair and maintenance set forth in this
Declaration.
(2) Copies of the Improvements Maintenance Standards and, as
applicable, copies of any amendment, modification or supplement thereto shall be
given to each Owner not less than ten (10) business days before the same shall be
effective. The Improvements Maintenance Standards shall have the same force and
effect as if set forth herein and made a part of this Declaration.
(w) Right to Grant Easements
(1) The power and the duty to grant utility and other easements, through
and over the Common Area which are reasonably necessary or appropriate in
connection with the operation or activities of the Association or to the ongoing
development of lands held by Declarant or an Affiliate of Declarant in or around the
Property; provided, however, that such easements shall be limited only to the
location, scope and size reasonably necessary to accomplish the stated purpose of
such easement or to comply with any relevant governmental requirements. Declarant
agrees that all such easements across the Common Area in favor of the Association,
all Owners and/or the public will be located so as to reasonably minimize, consistent
with appropriate governmental requirements, the impact on the access and use of the
Common Area.
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(2) The power but not the duty to relocate easements for ingress and
egress over and across the Common Area; provided, however, that the Board shall
use reasonable criteria in deciding which easements are to be relocated and to what
location; provided, further, however, that the addition of real property to the Common
Area by the Association or the Owners shall require the consent of Declarant so long
as Declarant owns any Lot.
(x) Limitation on Liability of Officers and Directors; Indemnification
(1) No Director, officer, committee member, employee or other agent of
the Association (including, without limitation, Declarant or any agent of Declarant
when acting in such capacity) (each, an "Association Agent"), shall be liable to any
Owner or Occupant or any other Person (including, without limitation, the
Association), for any damage, loss or prejudice suffered or claimed on account of any
act, omission, error or negligence of any such Association Agent if such Association
Agent has acted in good faith and in a manner such Association Agent reasonably
believed to be in the best interests of the Association.
(2) Each Owner, by accepting such Owner's deed, each Occupant, by
accepting the right to occupy a Lot, and the Association, by accepting conveyance of
the Common Area, and FRB, by executing this Declaration, agrees personally and for
all its Permittees to indemnify each Association Agent for, and to defend such
Association Agent against, any liability for any damage, loss or prejudice suffered or
claimed on account of any act, omission, error or negligence of such Association
Agent if such Association Agent has acted in good faith and in a manner such
Association Agent believed to be in the best interests of the Association.
(3) In the event that any such Association Agent is also a director, officer
or employee of Declarant or an Affiliate of Declarant, then, in addition to the
foregoing Section 7(x)(2), Declarant hereby agrees to indemnify such Association
Agent and to defend such Association Agent against any liability for any damage,
loss or prejudice suffered or claimed on account of any act, omission, error or
negligence by such Association Agent in performing his duties on behalf of the
Association.
(4) In addition to the foregoing Section 7(x)(3), Declarant hereby agrees
to indemnify any director, officer or employee of Declarant against any liability for
any damage, loss or prejudice suffered or claimed on account of any act, omission,
error or negligence by such director, officer or employee in representing Declarant in
Declarant's dealings with the Association, the Owners or the Property.
(5) The indemnities of Declarant set forth in Sections 7(x)(3) and 7(x)(4)
hereof shall continue only for so long as Declarant or any Affiliate of Declarant owns
any Lot.
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(y) Declarant's Right to Approve
Notwithstanding any contrary provision of this Declaration, or the Bylaws of the
Association, prior to the Transition Date, the Board may not take any action which would
substantially impair the rights of Declarant under this Declaration or which would
substantially impair the value of any real property then owned by Declarant, without the prior
written consent of Declarant to such proposed action(s).
8. COMMON AREA
(a) Easement of Enjoyment
Every Owner and Occupant of a Lot shall have a right and easement of enjoyment in
and to the Common Area (but the Owner of the FRB Parcel has no right of use and
enjoyment of the Drainage System located on Tract H and described in Exhibit C-2), which
right and easement shall be appurtenant to and shall pass with the title to each such Lot;
provided, however, that such right and easement shall be subject to the following:
(1) The right of the Association to suspend the voting rights of an Owner,
as provided in Section 7(h)(1) hereof, for (i) any period during which any
Assessment against such Owner's Lot remains unpaid and (ii) for a period not to
exceed thirty (30) days for any infraction of the Rules by such Owner or any
Occupant of such Owner's Lot after reasonable written notice and an opportunity for
a hearing before the Board which satisfies the minimum requirements of applicable
State law, as set forth in the Bylaws;
(2) The right of the Association to transfer all or substantially all of its
assets, including all or any part of the Common Area; provided, however, that so long
as there is any Lot, parcel, area or portion thereof for which the Association is
obligated to provide management, maintenance, preservation or control, no such
transfer shall be effective unless an instrument signed by Owners owning seventy-
five percent (75%) of the Total Entitlement (as defined in Section 5(b) hereof) shall
have been recorded stating that such Owners agree to such transfer and Declarant has
consented to the same in advance and in writing;
(3) Notwithstanding Section 8(a)(2) above, the right of the Association, in
accordance with the Sections and the Bylaws, to borrow money for the purpose of
improving, repairing and maintaining the Common Area or otherwise and, in
connection therewith, the right of the Association to hypothecate any or all real or
personal property owned by the Association including the Common Area;
(4) Notwithstanding Section 8(a)(2) above, the right of the Association, at
any time, without the approval of the Owners, to dedicate all or any portion of the
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Common Area legally described in EXHIBIT C attached hereto and incorporated
herein by this reference to the City or otherwise for public use; and
(5) The right of the Association to adopt, amend, supplement and enforce
the Rules.
(b) Use
Unless otherwise stated herein, the Common Area shall be used by the Owners and
Occupants in accordance with the Rules.
(c) Maintenance
(1) The Association shall maintain, repair, replace, alter and improve (as
appropriate) the Common Area or provide for the maintenance, repair, replacement,
alteration or improvement thereof (including, without limitation, any monument or
sign located on the Project Monument Areas) and shall keep such areas in good order
and repair.
(2) Any costs of temporary relocation suffered by the Owner or Occupant
of any Lot as a result of the repair, maintenance or improvement of the Common Area
by the Association shall be borne entirely by such Owner or Occupant.
(3) The Association shall be responsible for providing, at its sole expense,
(i) water to irrigate the landscaping in the entire Common Area, (ii) timers,
controllers and/or other systems for automatic irrigation of the landscaping in the
entire Common Area, (iii) electricity to power any such automatic irrigation systems
and (iv) electricity to power any lighted signs or monuments on the Common Area.
All such expenses shall be deemed Common Expenses, subject, however, to the
restrictions of Section 8(h).
(d) Creation of Maintenance Standards for Common Areas
The Board shall have the right to establish specific standards of maintenance
for the Common Area, whereupon the Association shall be obligated to adhere to
such standards of maintenance.
(e) Declarant's Right to Improve the Common Area
Notwithstanding anything to the contrary set forth in this Declaration, Declarant shall
have the right, from time to time, to construct within any Common Area, at Declarant's sole
cost and expense, driveways, paved areas, pathways, sidewalks, fences, screening walls,
retaining walls, plantings, planted trees and shrubs, irrigation and drainage pipes and fixtures,
catch basins or other devices for the collection and/or detention of storm water runoff,
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lighting fixtures, signs and any other structures, improvements, equipment, fixtures or
objects; provided, however, that following the initial construction thereof, the costs of
maintaining, managing, operating, repairing, replacing and altering any such improvements
shall constitute Common Expenses, subject, however, to the restrictions of Section 8(h).
(f) Damage to the Common Area
The Owner and the Occupant of each Lot shall be jointly and severally liable to the
Association for all damage to the Common Area or to any other real or personal property
owned by the Association that may be sustained by reason of the negligence of such Owner
or Occupant, its Permittees, guests, licensees and invitees, which shall include, without
limitation, damage to curbs, sidewalks, drainage ponds or any part of a drainage system,
paved surfaces, monuments, signs, trees and landscaping. No Owner or Occupant shall do or
permit any of its Permittees, guests, licensees or invitees to do anything on the Common
Area that might increase the rate, or cause the cancellation, of any policies of insurance
obtained by or on behalf of the Association.
(g) Governmental Compliance
The use, ownership, maintenance, operation, improvement and repair of the Common
Area shall at all times strictly comply with (a) all applicable laws, statutes, ordinances, rules
and regulations of any local, County, State or federal governmental body, including, without
limitation, all applicable handicapped and disabled persons accessibility requirements such as
the Americans with Disabilities Act of 1990, as amended and (b) the Entitlements; and the
Association, by accepting conveyance of the Common Area, agrees to assume and perform
all obligations of Declarant thereunder with respect to the Common Area. Without limiting
the generality of the foregoing, any portion of the Common Area designated as open space
under any Entitlement shall not be improved or its use changed without approval of each
governmental agency with jurisdiction over such open space.
(h) Drainage System
Notwithstanding any other provision of this Declaration, the Owner of the FRB
Parcel shall not be responsible for or charged for the maintenance, repair, replacement,
renewal of the drainage facilities on Tract H and legally described in Exhibit C-2 (the
"Drainage System"), or any other Common Expenses relating to such Drainage System,
including but not limited to utilities, landscaping, insurance, liabilities, or other expenses.
Therefore, Declarant or Association shall either separately contract for all services, expenses,
obligations, and liabilities relating to maintenance, repair, replacement, utilities, insurance, or
other Common Expenses associated with such Drainage System, or shall obtain cost
breakdowns in all bids and contracts or make other arrangements so that all Common
Expenses associated with such Drainage System are tracked and accounted for separately
from all other Common Expenses. The Owner of the FRB Parcel shall have no obligation to
pay any Regular Assessments or Special Assessments that include any Common Expenses
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relating to such Drainage System. Upon written request, the Declarant or Association shall
provide the Owner of the FRB Parcel with copies of all documents reasonably needed to
verify segregation of Common Expenses and Assessments relating to such Drainage System
from Common Expenses and Assessments relating to all other Common Areas.
9. ENFORCEMENT
(a) Abatement and Suit
(1) Subject to the restrictions set forth in this Declaration and those
imposed by law, the violation or breach of any covenant, condition, restriction or
provision contained in the Governing Documents shall give the Association and its
agents, employees, representatives and contractors the right to enter upon such
portion of the Property upon or as to which said violation or breach exists and to
summarily abate and remove, at the expense of the Owner or Occupant thereof, any
structure, thing or condition that may be or exist thereon contrary to the intent and
meaning of the Governing Documents, if such violation or breach remains uncured
for a period of thirty (30) days after notice to the Owner or Occupant of the Lot on
which such violation or breach has occurred, provided, however, that if the violation
or breach cannot be cured in such thirty (30) day period but the Owner or Occupant
commences a cure within such period and thereafter diligently and continuously
pursues such cure to completion, then the Owner or Occupant shall have such longer
period as is necessary to complete such cure. If the Association fails timely to
exercise its rights under this Section 9(a)(1) so as to abate and remove any structure,
thing or condition that may be or exist thereon contrary to the intent and meaning of
the Governing Documents, Declarant, prior to the Transition Date, shall have the
rights granted the Association under this Section 9(a)(1) and, if Declarant elects to
exercise such rights, shall be reimbursed by the Owner or Occupant of the Lot on
which such violation or breach occurred for all costs and expenses incurred by
Declarant, together with interest thereon at the rate of eighteen percent (18%) per
annum from the date incurred to the date paid.
(2) Declarant, the Association (acting on behalf of itself or as
representative of the Owners) and any aggrieved Owner shall have the right to
prosecute a proceeding at law or in equity against any Owner or Occupant or any
other Person or Persons who have violated or breached or are attempting to violate or
breach any of the provisions, covenants, conditions and restrictions set forth in the
Governing Documents, to enjoin or prevent them from doing so, to cause said
violation or breach to be remedied or to recover damages for said violation; provided,
however, that nothing herein contained shall be deemed to impose upon Declarant,
the Association or any aggrieved Owner any liability for the failure to correct or
prosecute a violation or breach of the Governing Documents.
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(3) Each Person comprising an Owner shall be jointly and severally liable
with each other Person comprising such Owner for the violation or breach of any
covenant, condition, restriction or provision contained in the Governing Documents
(i) existing upon the Lot or Lots owned by such Owner or (ii) caused or committed by
such Owner or any Occupant or Permittee of such Owner.
(b) Inspection
Declarant and its representatives and any Directors, officers, employees and agents of
the Association may, from time to time at any reasonable hour, and with a minimum of 24
hours prior written notice to the Owner and any Occupant of such Lot, enter and inspect any
Lot to ascertain whether such Lot, the Improvements thereon and the uses thereof are in
cornpliance with the Governing Documents, and no such entering Person (nor the
Association itself) shall thereby be deemed guilty of, or become liable for, any manner of
trespass or unlawful entrance in connection with such entry and inspection. Notwithstanding
the foregoing, no party shall have a right under this Section, other than in compliance with
such nondiscriminatory restrictions as an Owner or Occupant may impose, to enter and
inspect "secure areas" of (i) the FRB Parcel, (ii) any Buildings located on the FRB Parcel, or
(iii) any other Lots or Improvements with secured areas that have been established as
necessary to address particular, reasonable security concerns of the Owner and/or Occupant
of such Lot. For purposes of this Section, some or all of any Lot or Improvement may be
designated a "secure area," depending on the particular, reasonable security concerns of such
an Owner, and an area to which third parties are sometimes granted access may from time to
time; be temporarily closed to such access and designated as a "secured area" by such an
Owner as reasonable security concerns arise.
(c) Failure to Enforce Not a Waiver of Rights
With the exception of the time limit for action by Declarant contained in Section 4(c)
hereof, the failure of Declarant, the Association or any aggrieved Owner to enforce any
covenant, condition, restriction or provision herein contained shall in no event be deemed to
be a waiver of the right to thereafter do so nor of the right to enforce any other covenant,
condition, restriction or provision set forth in this Declaration.
(d) Enforcing Violations
The violation of any Entitlement or applicable governmental law, statute, ordinance,
rule or regulation shall constitute a violation of this Declaration and shall be enforceable in
accordance with the provisions of this Section 9.
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10. TERMINATION AND AMENDMENT
(a) Term
The covenants, conditions and restrictions contained in this Declaration shall run with
and bind the Property and, subject to such limitations as may from time to time be expressly
set forth herein, shall inure to the benefit of and be enforceable by each Owner and its heirs,
successors and assigns for a term commencing as of the date this Declaration is recorded and
terminating fifty (50) years from such date, after which said covenants, conditions and
restrictions shall be automatically extended fro successive periods of ten (10) years unless
prior to commencement of any such ten (10) year period an amendment to this Declaration
has been recorded in accordance with Section 10(b) hereof which terminates this Declaration
or modifies the automatic extension provision of this Section 10(a).
(b) Amendments
(1) Except as otherwise provided in this Declaration, neither this
Declaration nor any provision hereof or any covenant, condition or restriction herein
contained, may be terminated, extended, modified or amended, as to the whole of the
Property or any portion thereof, except upon the approval of Owners owning seventy-
five percent (75%) of the Total Entitlement (as defined in Section 5(b) hereof);
provided, however, that prior to the Transition Date, no such termination, extension,
modification or amendment shall be effective without the prior written approval of
Declarant thereto. No such termination, extension, modification or amendment shall
be effective until such termination, extension, modification or amendment has been
certified in a document executed and acknowledged by an officer of the Association
designated by the Board and has been recorded in the Office of Records and
Elections, King County, Washington. Within a reasonable time after such document
has been recorded, the Association shall mail a copy thereof to each Owner, together
with a statement that such document has been recorded.
(2) Notwithstanding the foregoing, and in addition to any other rights it
may have to amend this Declaration as provided elsewhere herein, (i) at any time
prior to the Transition Date, Declarant may make and record additions, deletions or
amendments to this Declaration for the purpose of correcting ambiguities or technical
errors or for the purpose of clarification only, and (ii) at any time prior to the
Transition Date, Declarant may, without the vote or consent of the Owners (or any
other person or entity), at any time and from time to time in its sole discretion, make
and record such additions, deletions, amendments, modifications or supplements to
this Declaration as are not unfair or unreasonable, and which would not
disproportionately burden any Lot(s) not then owned by Declarant over Lot(s) then
owned by Declarant, and which would not increase the Assessments of any Lot(s) not
then owned by Declarant by more than ten percent (10%) per annum.
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(3) Any document recorded in accordance with this Section 10(b) shall be
conclusive in favor of all Persons who rely upon it in good faith.
(c) Termination of Declarant's Interest
Declarant's right to enforce the provisions of this Declaration shall continue until the
Transition Date; provided, however, that Declarant shall be entitled, at any earlier time, by an
instrument in writing executed and acknowledged and recorded in the County, to terminate in
whole or in part its right to enforce the provisions of this Declaration.
11. RIGHTS OF LENDERS
(a) Priority of Lien of Mortgage
This Declaration shall be and remain senior in priority to all Mortgages hereafter
executed upon the Property, any Lot or any portion thereof; provided, however, that no
breach of the covenants, conditions or restrictions herein contained or foreclosure of any lien
herein created for Assessments shall affect, impair, defeat or render invalid the lien, charge
or priority of any Mortgage made in good faith and for value encumbering any Lot. Any
Mortgagee or other Owner whose title to a Lot is derived through foreclosure (judicial or
nonjudicial), trustee's sale or deed in lieu of foreclosure, shall take title to such Lot subject
to, ,and shall be bound by, all the covenants, conditions and restrictions set forth in this
Declaration; provided, however, that such Lot shall be free of the lien for both non
delinquent and delinquent Assessments (including costs of collection, late charges and
interest connected therewith) that have accrued up to the time of the foreclosure sale (judicial
or tionjudicial), trustee's sale or conveyance in lieu of foreclosure (unless such Mortgagee or
other Owner shall have expressly assumed the obligations secured by said lien), and such
Mortgagee or other Owner shall only be obligated to pay Assessments that become due or
payable on or after such Mortgagee or other Owner acquired title to such Lot (provided that
nothing herein shall release or diminish the defaulting Owner's continuing personal
obligation to pay such accrued and unpaid Assessments).
(b) Curing of Defaults
Any Mortgagee who acquires title by judicial foreclosure, deed in lieu of foreclosure
(judicial or nonjudicial) or trustee's sale shall not be obligated to cure any breach or violation
of the provisions of this Declaration which is incurable or of a type which is not practical or
feasible to cure. In the event that any Assessment on any Lot becomes delinquent or another
default under this Declaration occurs, the Association shall provide the Mortgagee with
notice of such default; provided, however that the Owner of such Lot must have furnished the
Association with the current address of the Mortgagee. The Mortgagee shall thereafter have
the right to cure such default within a reasonable time or to commence foreclosure
proceedings. If any Mortgagee commences foreclosure proceedings or gives notice to the
Association that it is commencing negotiations for a deed in lieu of foreclosure, the
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Association shall stay any foreclosure proceedings instituted by it until the conclusion of
Mortgagee's proceedings or negotiations.
(c) Availability of Documents
The Association shall make available to Owners and Mortgagees current copies of the
Governing Documents, as well as the books, records and financial statements of the
Association. "Available" means available for inspection, upon request, during normal
business hours or under other reasonable circumstances. Upon written request, any
Mortgagee shall be entitled to receive an audited statement for the immediately preceding
Fiscal Year, which audited statement shall be prepared at the expense of such Mortgagee if
not otherwise available. Any such financial statement so requested shall be furnished within
a reasonable time following such request.
(d) Conflicts
In the event of any conflict between any of the provisions of this Section 11 and any
of the other provisions of this Declaration, the provisions of this Section 11 shall control.
12. MISCELLANEOUS PROVISIONS
(a) Constructive Notice and Acceptance
Every Person who now or hereafter owns or acquires any right, title or interest in or
to any portion of the Property or any Lot is and shall be conclusively deemed to have
consented and agreed to every covenant, condition, restriction and provision contained in this
Declaration, whether or not any reference to this Declaration is contained in the instrument
by which such Person acquired an interest in the Property.
(b) Declarant's Rights Under Other Documents
Nothing herein contained shall prejudice or diminish in any way Declarant's rights
under any other documents which may be subsequently recorded against all or any portions
of the Property.
(c) Land Use Matters
Declarant shall retain the right, in its sole discretion, for the benefit of the Lots of
which Declarant or an Affiliate of Declarant then retains ownership, or for the benefit of all
or any other portion of the Property, to apply for, obtain, prepare, change, amend,
supplement, modify or terminate any governmental land use ordinance, development
entitlement or approval, organization or change of organization, environmental analysis or
mitigation plan or other Entitlement including or affecting the Property or otherwise,
including, without limitation, (a) any municipal incorporation, annexation or deannexation,
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district formation or dissolution or any other change of organization contemplated by
applicable State law, (b) any general plan, specific plan, zoning ordinance or conditional use
permit, (c) any preliminary or final plat map, or any other approval (including lot mergers, lot
splits, lot line adjustments and similar approvals) available or required under applicable
law(s) or otherwise, (d) any amendment or supplement to any environmental impact report
related thereto and (e) any wetlands, geological or archaeological environmental mitigation
plan; provided, however, that such land use modification shall not materially affect any
Owner's right to develop its Lot or Lots in accordance with the Entitlements or Governing
Documents.
(d) Completion of Construction by Declarant
Declarant and its agents, representatives and independent contractors shall be entitled
to complete the construction of on site and off site improvements on or in the vicinity of the
Property, including, without limitation, grading, trenching, preparation of streets and curbs
and. installation of utilities and sewers, and neither the Association nor any Owner or
Occupant shall interfere with or impede such completion of construction. In the event that,
prior to completion of such construction, Declarant or Declarant's independent contractor
reasonably determines that the activities of any Owner or Occupant upon the Common Area
or upon such Owner's or Occupant's Lot may interfere with such construction, then
Declarant or Declarant's independent contractor shall be entitled to impose such reasonable
conditions and limitations upon such activities as Declarant or such independent contractor,
in its reasonable discretion, determines to be necessary or appropriate to avoid such
interference; provided, however, that Declarant shall incur no liability arising out of either
the imposition of, nor the failure to impose, such conditions.
(e) Notices
Except as otherwise expressly provided in this Declaration or required by law, all
notices, consents, requests, demands, approvals, authorizations and other communications
provided for herein shall be in writing and shall be deemed to have been duly given if and
when personally served or seventy two (72) hours after being sent by United States first class
mail, postage prepaid, or upon receipt after being sent by a nationally recognized overnight
courier service with all charges for next business day delivery prepaid, to the intended party
at its last known address. For purposes of this Section 12(e), "last known address" with
respect to any Owner shall mean such Owner's address appearing on the books of the
Association or supplied by such Owner to the Association. If no address is supplied, then
such Owner's address shall be deemed to be the address of any Lot owned by such Owner.
With respect to (i) any such notice, consent, request, demand, approval, authorization or
communication and (ii) any document or instrument (whether a Governing Document or
otherwise) given or made available to any Owner hereunder or under any of the other
Governing Documents and which might concern an Occupant of such Owner's Lot, it shall
be the sole responsibility of such Owner (but in no event the responsibility of the
Association) to make a copy thereof available in a timely manner to such Occupant.
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(f) Liberal Construction
The provisions of this Declaration shall be liberally construed to effectuate its
purpose. The failure to enforce any provision of this Declaration shall not constitute a waiver
of the right to thereafter enforce such provision or the right to enforce any other provision
hereof.
(g) Singular Includes Plural
Whenever the context of this Declaration requires, the singular shall include the
plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice
versa.
(h) Headings
Paragraph, Section and Section headings, where used in this Declaration, are inserted
for convenience only and are not intended to be a part hereof or in any way to define, limit or
describe the scope and intent of the particular provisions to which they refer.
(i) Effect of Invalidation
Each covenant, condition and restriction of this Declaration is intended to be, and
shall be construed as, independent and severable from each other covenant, condition and
restriction. If any covenant, condition or restriction of this Declaration is held to be invalid
by any court, the invalidity of such covenant, condition or restriction shall not affect the
validity of the remaining covenants, conditions and restrictions hereof.
(j) No Discriminatory Restrictions
No Owner or Occupant shall execute or cause to be recorded any instrument that
imposes a restriction upon the sale, leasing or occupancy of his Lot on the basis of race, sex,
marital status, national ancestry, color or religion.
(k) Cumulative Remedies
Each remedy provided for in this Declaration and/or in the Governing Documents
shall be cumulative and not exclusive. The failure to exercise any remedy provided for in
this Declaration or any other Governing Document shall not constitute a waiver of such
remedy or of any other remedy provided herein or therein.
(1) Attorneys' Fees and Costs
If any Person commences litigation for the judicial interpretation or enforcement
hereof or of any of the other Governing Documents, or for damages for the breach hereof or
#360741 18173-002.11 7gc101!.doc 9/19/2007
PAGE 51
2007092100117F_"`
of any of the other Governing Documents, the prevailing party shall be entitled to its
reasonable attorneys' fees and court and other costs incurred.
(m) Conflicting Provisions
In the case of any conflict between the provisions of this Declaration and the Articles
or between the provisions of this Declaration and the Bylaws, this Declaration shall control.
(n) Grants and Vesting of Approvals and Consents
Notwithstanding any other provision of this Declaration, each of the Declarant, the
Owners, the Association, the Board, and any committees created by the Board for such
purpose shall not unreasonably withhold its affirmative vote, consent or approval when such
affirmative vote, consent or approval is required to be obtained under the terms of this
Declaration. After any such consent or approval has been granted by any such entity, such
consent or approval shall be deemed a vested right of the Person that obtained such consent
or approval, and may not be revoked or modified in any way without the prior written
consent and agreement of such Person.
[The remainder of this page is intentionally left blank.]
#3607,11 18173-002.11 7gc101!.doc 9/19/2007
PAGE 52
2007092100117F_=
IN WITNESS WHEREOF, Declarant has hereunto affixed the following signatures
as of the date first above written.
Declarant:
LONGACRES PARK, INC., a Washington
corporation /--)
Name:
Title:
#360741 18173-002.11 7gc101!.doc 9/19/2007
PAGE 53
Alan E. DeFrancis
Authorized Signatory
2007092100117F_=
The undersigned, as the owner of the portion of the Property identified on Exhibit D
attached hereto as the "FRB Parcel," hereby acknowledges, agrees to, consents to be bound
by, and consent to the encumbrance of such portion of the Property by, the foregoing
Declaration.
Additional Property Owner:
THE FEDERAL RESERVE BANK OF SAN
FRANCISCO
Name:
Title:
#360741 18173-002.11 7gc101!.doc 9/20/2007
PAGE 54
2007092100117F_--`_
ALL PURPOSE ACKNOWLEDGEMENT
State of California )
SS
County of Los Angeles )
On September 19, 2007 before me, SUSAN N. JIMENEz, NOTARY PUBLIC
Personally appeared ALAN E. DEFRANCIS
I%_Llic
N. 7Co�nty
o #ele"
jfires M 27, 20I0
® Personally known to me
❑ Proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/he4t4E4 authorized capacities,
and that by his/4e4tl eir signature(s) on the
instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the
instrument.
WITNESS ,y hand and
official seal.
/ l 9flA4
(Signature or Notary b )
20070921001175._=
STATE OF (IJ N oT
COUNTY OF �V&,`"3 to
On this ?tea day of -�, 20 0-7,before me personally appeared
�up•-c , to me known to be the,rsr of THE FEDERAL
RESERVE BANK OF SAN FRANCISCO, the cw that executed the foregoing
instrumen anacknowledged said instrument to be the free and voluntary act and deed of
said. for the uses and purposes therein mentioned, and on oath
stated that sl3eEhe was authorized to execute said instrument on behalf of said
DATED: Q** �"' ZO
(Signature of Notary)
(Print or stamp name of Notary)
NOTAIj�PUBLIC in and for the State
of t ' t_ tj residing at
C„c, sct&LA_ 3to
My appointment expires: ZODi�
4360741 18173-002.11 7gc10ll.doc 9/20/2007
2007092100117E
EXHIBIT A
to Declaration of Covenants, Conditions and Restrictions
Plat May
cxicvmav x
B
e
&— l
� a i
2007092100117r,---
EXHIBIT B
to Declaration of Covenants, Conditions and Restrictions
Legal Description of Declarant Parcel
Lots 27 through 32, inclusive, of Boeing Longacres Property Second Amended
Binding Site Plan recorded May 4, 2005 under Recording No. 20050504000673, in Volume
228 of Plats at Pages 22 through 28, inclusive, in King County, Washington, as amended by
Lot Line Revision No. LUA 07-068-LLA, recorded September 11, 2007 under Recording
No., 20070911900008;
Situate in the City of Renton, County of King, State of Washington.
Legal Description of the Easements Created in Section 2(i) of the Declaration
(1) The easterly 10 feet of Lots 27 and 29, the easterly and southerly 10 feet of Lot
31, the southeasterly 10 feet of Lot 30, and the northeasterly 10 feet of Lot 32, all parallel
with and adjoining Tract G, all as shown on City of Renton Lot Line Revision No. LUA 07-
068-LLA, recorded September 11, 2007 under Recording No. 20070911900008;
(2) The North 30 feet of Lot 29 of City of Renton Lot Line Revision No. LUA 07-
068-LLA, recorded September 11, 2007 under Recording No. 20070911900008.
B-1
20070921001175.==
EXHIBIT C
to Declaration of Covenants, Conditions and Restrictions
LEGAL DESCRIPTION OF COMMON AREA:
EXHIBIT C-1
Legal Description Of Common Area for Roads
Tract G of Boeing Longacres Property, Second Amended Binding Site Plan recorded
May 4, 2005 under Recording No. 20050504000673, in Volume 228 of Plats at Pages 22
through 28, inclusive, in King County, Washington, as amended by Lot Line Revision No.
LUA 07-068-LLA, recorded September 11, 2007 under Recording No. 20070911900008.
EXHIBIT C-2
Legal Description of Common Area for Drainage System
Tract H of Boeing Longacres Property, Second Amended Binding Site Plan recorded
May 4, 2005 under Recording No. 20050504000673, in Volume 228 of Plats at Pages 22
through 28, inclusive, in King County, Washington, as amended by Lot Line Revision No.
LUA 07-068-LLA, recorded September 11, 2007 under Recording No. 20070911900008.
C-1
2007092100117E_-'_"
EXHIBIT D
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Legal Description of FRB Parcel
Lot 33 of Boeing Longacres Property, Second Amended Binding Site Plan recorded
May 4, 2005 under Recording No. 20050504000673, in Volume 228 of Plats at Pages 22
through 28, inclusive, in King County, Washington.
D-1
2007092100117F_--`_-
EXHIBIT E
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Certain Entitlements
A. Permits and Approvals
1. Longacres Office Park ("LOP") Environmental Impact Statement ("EIS")
Mitigation Document (City of Renton, 1995), including Transportation Mitigation
Conditions Agreement between The Boeing Company ("Boeing") and the City of Renton.
2. Grade and Fill Permit and MDNS, Surface Water Management Project
("SWMP") (City of Renton, 1998).
3. Section 404 Wetland Fill Permit Extension (Corps of Engineers, 1999)—
permit to fill all wetlands with required mitigation under the SWMP, including restriction for
the South Marsh wetland and reservation of a wildlife corridor as mapped.
4. Section 401 Water Quality Certification (Ecology, 1999)--certification and
conditions for the § 404 permit.
5. Development Agreement and EIS Addendum (City of Renton, 2000)—
approval and vesting of Longacres Office Park master plan, together with Addendum to
Boeing Longacres Office Park Final EIS dated May 14, 2002.
B. Agreements
l . Strander Agreement (The Boeing Company. and City of Renton, 2002)—
reservation and no building restriction on 90 foot strip across LOP, pre -paid trips.
2. Longacres Park Transportation Mitigation Conditions Agreement (Boeing and
City of Tukwila, 1995), as updated by a letter agreement dated October 27, 2005 between
Boeing and the City of Tukwila.
r-i