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LUA-08-146_Misc
STEWART TITLE GUARANTY COMPANY Subdivision Guarantee Guarantee No.: SG-2631-12373 Effective Date: December 5, 2008 at 8:00 AM Fee: $900.00 OrderNwnber: 208172333 The County of KING and any City within which said subdivision is located in a swnnot exceeding $1,000.00 That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land iocluded withio the exterior boundary of said Subdivision Guarantee, the only parties having any record title interest in said land whose signatures are necessary, under the reqttirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication as shown in Subdivision Guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature . . /\.~d SeniorChalrmanott e Board ~ Authorized Countersignature ------~-----!~"'--- Stewart Title Seattle President II Guarantee Serial No. SG-2631-12373 II In writing this company please address ii at P.O. Box 2029, Houston Texas n2s2, and refer to the printed Serial Number. i ~I ! I SUBDIVISION GUARANTEE Guarantee No.: SG-2631-12373 Order Number: 208172333 Reference Number: 08201571 Effective Date: December 5, 2008 at 8:00 AM Subdivision Guarantee: Sales Tax: Total: $900.00 $81.00 $ 981.00 OWNERS: MERLINO LAND DEVELOPMENT CO., INC., A WASHINGTON CORPORATION AS TO PARCEL 1, QUARRY INDUSTRIAL PARK, LLC, A WASHINGTON LIMITED LIABILITY COMPANY AS TO PARCELS 2 AND 3, AND AGNIRTU SUNSET VIEW, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AS TO PARCEL4 LEGAL DESCRIPTION: See Attached Exhibit A SUBJECT TO: 1. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MERLINO LAND DEVELOPMENT CO., INC., A TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.: (AFFECTS: PARCEL 1) WASHINGTON CORPORATION STEWART TITLE GUARANTY COMPANY, A CORPORATION SR 900 .L.LC., A WASHINGTON LIMITED LIABILITY COMPANY $6,800,000.00 SEPTEMBER 20, 2005 SEPTEMBER 20, 2005 20050930003847 2. DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING AND THE TERMS AND CONDITIONS THEREOF: ---------"'1MNIOR· \LE.E_l,SSOCI.A:r_ES,__L.LC_,A.WAS.l:IJNGI.O,~------- LIMITED LIABILITY COMPANY TRUSTEE: STEWART TITLE COMPANY BENEFICIARY: COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC. AMOUNT: $10,650,000.00 DATED: DECEMBER 2, 2005 RECORDED: DECEMBER 2, 2005 RECORDING NO.: 20051202001370 (AFFECTS: PARCEL 4 AND OTHER PROPERTY)) ASSIGNMENT DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING: ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2 Guarantee No: SG-2631-12373 ; 1• ,s,;,ewarr:. L---titie guaranty company ======--· SUBDIVISION GUARANTEE RECORDED; RECORDING NO.: AUGUST 14, 2006 20060814001410 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN; AGNIRTU SUNSET VIEW, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AND: V.E.E. ASSOCIATES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY AND: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2 RECORDED: APRIL 18, 2007 RECORDING NUMBER: 20070418002266 3. ASSIGNMENT OF LEASES AND/OR RENTS AND THE TERMS AND CONDITIONS THEREOF; ASSIGNOR: ASSIGNEE: V.E.E. ASSOCIATES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC. DATED; DECEMBER 2, 2005 RECORDED: DECEMBER 2, 2005 RECORDING NO.: 20051202001371 (AFFECTS: PARCEL 4 AND OTHER PROPERTY) ASSIGNMENT OF ASSIGNMENT OF LEASES AND RENTS: ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2 .. . -... -.. . RECORDED: AUGUST 14, 2006 RECORDING NO.: 20060814001411 4. FINANCING STATEMENT. ______ QEBT.OR,-------.>I..E .. E .. ASSOCJAIES,-1.L.,.,_ _____________ _ CREDITOR: COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC. RECORDING NO.(S): 20051205002569 (AFFECTS: PARCEL 4 AND OTHER PROPERTY) SAID FINANCING STATEMENT HAS BEEN ASSIGNED TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML- CFC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-2 BY INSTRUMENT RECORDED UNDER RECORDING NO. 20060814001412. SAID FINANCING STATEMENT HAS BEEN MODIFIED/AMENDED BY THAT INSTRUMENT RECORDED UNDER RECORDING NO. 20070416002267. r-S~J:ewar ! ~title guaranty company Guarantee No: SG-2631-12373 I ··-........... ·==========!J i I SUBDIVISION GUARANTEE 5. FINANCING STATEMENT. DEBTOR: AGNIRTU SUNSET VIEW, L.L.C CREDITOR: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2 RECORDING NO.: 20070418002268 (AFFECTS: PARCEL 4 AND OTHER PROPERTY) 6. UNRECORDED LEASEHOLDS AND RIGHTS OF TENANTS, IF ANY. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MARCH 12, 1918 RECORDING NO.: 1198403 IN FAVOR OF: CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY FOR: ELECTRIC TRANSMISSION SYSTEM AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN PARCELS 1 THROUGH 3 8. TERMS AND CONDITIONS OF SURVEY RECORDED DECEMBER 12, 1990 UNDER RECORDING NUMBER 9012129007 (AFFECTS: PARCELS 1, 2, 3 AND OTHER PROPERTY) 9. RIGHTS OF THE CITY OF RENTON UNDER ORDINANCE NO. 4598, ESTABLISHING ZONING CLASSIFICATIONS, RECORDED UNDER RECORDING NO. 9605141026. 10. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 4894, .. RECORDED UNDER RECORDING NO. 20010213001297. 11. TERMS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, IF ANY, _____ _,.._ S-CONTAINEO...IN.RECORDED--LOI-LINEADJUSIMEN.."L(B0.UNDAR'LLl1~-------- REVISION): RECORDED: MARCH 11, 2004 RECORDING NO.(S): 20040311900015 (AFFECTS: PARCEL 1) 12. TERMS AND CONDITIONS OF CITY OF RENTON DEVELOPMENT AGREEMENT RECORDED: JANUARY 7, 2004 RECORDING NO.: 20040107000486 (AFFECTS: PARCEL 1) Guarantee No: SG-2631-12373 ' ' I: .-s~ewar.L L...::title guaranty company =---~-= .... -... -.----------------·····-------·----··----------·-----·-·--------------~--·--··-··--·--- SUBDIVISION GUARANTEE 13. TERMS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, IF ANY, AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: DECEMBER 7. 2007 RECORDING NO.(S): 20071207900009 (AFFECTS: PARCEL 3) 14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 19, 2008 RECORDING NO.: 20080519000521 IN FAVOR OF: AT & T CORP. AND AT & T COMMUNICATIONS EAST, INC. FOR: RIGHT TO ENTER TO OPERATE, MAINTAIN, UPGRADE AND EXPAND FIBER OPTIC AND OTHER TELECOMMUNICATIONS CABLE WITHIN THE RIGHT OF WAY OR ANY FORMER RIGHT OF WAY OF RAILROAD CORRIDOR(S) AFFECTS: ADJACENT TO RAILROAD RIGHT OF WAY BEING A COPY OF A PORTION OF THE SUPPLEMENTAL FINAL ORDER AND JUDGMENT ENTERED IN CASE NO. 1:99-CV-9313-DHF-TAB OF THE INDIANAPOLIS DIVISION OF THE UNITED STATES DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF INDIANA. Guarantee No: SG-2631-12373 r-S1.Cewar-! L-t1tle guaranty company 1 SUBDIVISION GUARANTEE NOTE A: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $64,546.07 LEVY CODE: 2104 TAX ACCOUNT NO.: 132304-9010-03 ASSESSED VALUATION: LAND: $6,576,300.00 IMPROVEMENTS: $-0- (AFFECTS: LOT 1 OF PARCEL 1) NOTE 8: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $2,056.18 LEVY CODE: 2104 TAX ACCOUNT NO.: 132304-9006-09 ASSESSED VALUATION; LAND: $208,300.00 IMPROVEMENTS: $-0- (AFFECTS: TRACT A OF PARCEL 1) NOTE C: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $1,161.59 LEVY CODE: 2104 TAX ACCOUNT NO.: 377920-0005-04 ASSESSED VALUATION: LAND: $117,100.00 IMPROVEMENTS: $-0- (AFFECTS: LOT 1 OF PARCEL 2) --. ---.NOTED: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $1,774.10 LEVY CODE: 2104 TAX ACCOUNT NO.: 377920-0008-01 ASSESSED VALUATION: LAND: $180,800.00 IMPROVEMENTS: $-0- (AFFECTS: LOT 2 OF PARCEL 2) NOTE E: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $1,671.07 LEVY CODE: 2104 TAX ACCOUNT NO.: 377920-0009-00 ASSESSED VALUATION: LAND: $170,300.00 IMPROVEMENTS: $-0- (AFFECTS: PARCEL 3) NOTE F: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $178,425.35 LEVY CODE: 2104 Guarantee No: SG-2631-12373 rSltevtar l L__.tltle guaranty company . ' -. . -----~ I · .. _71 SUBDIVISION GUARANTEE TAX ACCOUNT NO.: 000140-0009-02 ASSESSED VALUATION: LAND: $ 3,885,900.00 IMPROVEMENTS: $14,186,100.00 (AFFECTS: PARCEL 4 AND OTHER PROPERTY) NOTE: KING COUNTY TREASURER, 500 4TH AVENUE, 6TH FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfo/. Guarantee No: SG-2631-12373 .: 1• .-s·:..e~1a.r [. L___.title guaranty company I --·-----------------------------. ---.. ~---_--------------~ 1 SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commttment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. :rj Guarantee No: SG-2631-12373 .-s~ewa.rrl ~title guaranty company l File Number: 208172333 PARCEL 1: SUBDIVISION GUARANTEE Exhibit A LEGAL DESCRIPTION LOT 1 AND TRACT A OF THE SR 900 L.L.C. LOT LINE ADJUSTMENT (CITY OF RENTON FILE NO. LUA-03-124-LLA) AS RECORDED IN VOLUME 168 OF SURVEYS, PAGES 233 THROUGH 235, UNDER RECORDING NO. 20040311900015, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 2: LOTS 1 AND 2, JUNCTION ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 75, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF BEACON COAL MINE ROAD (WHICH ROAD WAS DEEDED TO KING COUNTY UNDER RECORDING NO. 1702982) ADJOINING SAID LOTS, WHICH PORTION WAS VACATED UNDER KING COUNTY COMMISSIONER'S RECORDS, JOURNAL VOLUME 29, PAGE 3, AND ATTACHED TO SAID LOTS 1 AND 2 BY OPERATION OF LAW. PARCEL 3: PARCEL A-OF-THEQIPT.OtLINEADJOSTME:t>.JT-(CITY-OF-RENTON FILE NO:TUA:-07- 118-LLA) AS RECORDED IN VOLUME 236 OF SURVEYS, PAGES 112AND 113, UNDER RECORDING NO. 20071207900009, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 4: THAT PORTION OF THE EASTERLY 716.8 FEET OF THE NORTHERLY 1510.74 FEET OF THE CHARLES E. BROWNELL DONATION LAND CLAIM, DESIGNATED AS CLAIM NO. 41 AND BEING PARTS OF SECTIONS 13 AND 14, TOWNSHIP 23 NORTH, RANGE 4 EASTW.M., IN KING COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID DONATION LAND CLAIM WITH THE SOUTH LINE OF SAID NORTHERLY 1510.74 FEET; THENCE SOUTH 88'34'18" EAST, 426.25 FEET ALONG SAID SOUTH LINE; THENCE NORTH 68°00'36" EAST, 464.60 FEET TO A POINT ON THE EAST LINE OF SAID DONATION LAND CLAIM, SAID POINT BEING 184.65 FEET NORTH OF SAID INTERSECTION; THENCE SOUTH 01'27'12" EAST, 184.65 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. Guarantee No: SG-2631-12373 Ii I• si:.ewart"l. ~title guaranty company I -----,i ., i The following copies of documents are number-tabbed to correlate with the special exception numbers set forth in the preceding Subdivision Guarantee issued by Stewart Title. Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Com:nent: Station Id :IXNS KING,WA 20050930003847.001 · 1111111111111111 lif ~i~.~00~?.§4 7 . 09/38/2trH 15:09 KING COUNTY, UA '""' •dnto,•••,1,r,""'"" WASHINGTON STATE RECORDER'S Cover Sheet. ~cw6s.0<) Document Title(s) (or transactions contained therein): (all areas applicable to yow-documc:nt!!!.!:!1! be tilled in) l. D.>.ed. ~ Tr-1!:,,+ 2. 3. 4. Reference Number(s) of Documents assigned or released: STEWAR"!" TITLE . (3),90-=,1~0"\q=l Additional reference #'son page __ of document Grantor(s) (Last name, first name, initials) 1. /Y)erU.nQ b an'1.:: Q:,12lop=ci C.n ' ~. 2. . • Additional naines or. page __ of document. Grantce(s) · (Last name first, thon first name and in~als) 1. :5tfri¥1:Ck ::Ui:h, t;;,nar:a.n:hj ----· L . , -~ Additional names on page __ of document. Legal.description (abbreviated; ·ie. lo£ block, plat or section, township. range) 1..±, 1, --tm c± :e-Ci:hj o Rw±m1 Lo+ um Pdj<iWJRO+ ~!:! · bl..UA ~ -1-:;;,' -u. ti · Additional legal is on page_£....... of document. ' Rg,c. ·· #-8<)()Lj(J?,ll"IQ0D \G . Assessor's Property Tax Pa.rceUAccount Number 132 i'2 Q!::l ~ "'IDJ D , 13.:;, 3 a 'd -q 000 D Assessor Tax# not Yi=t assigned The Audltor/Recordei will rely on the information prov[ded on the fonn. The staff will not read the document to verfArthe accuracv OT comr Jeteness of the indexint.-information -vided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. _____________________ Signatnre of Requesting Party () Page I of7 Printed on 12/10/2008 7:33:33 AM Document: TDD 2005.0930003847 ·' Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS KING,WA Filed for Record at Request of and After Recording Return To: David L. Halinen, Esq. · Halinen Law Offices, P.S. 2115 N. 30" Street, Suite 203 Tacoma, Washington 98403 Document Title: Deed of Trust 20050930003847.002 Grautor: MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation Grantee (Beneficiary): SR 900 L.L.C., a Washington limited liability company Grau tee (Trustee): STEW ART TITLE GUARANTY COMP ANY, a California corporation Legal Description (abbreviated): Lot 1 and Tract A of City of Renton Lot Line Adjustment No. LUA-03-124-LLA, REC.# 20040311900015; additional legal on page l hereof Assessor's Tax Parcel JD#s: !32304-9010 and 132304-9006 DEED OF TRUST TiilS DEED OF TRUST, made this 30th day of September, 2005, among MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation, {''GrantoI''), whose address is 9125-10'" Avenue South, Seattle, Washington 98108; STEWART TITLE GUARANTY COMPANY, a corporation, Trustee, whose address is 1000 Second Avenue, Suite 1620, Seattle, Was)1ington, 98104; and SR 900 L.L.C., a Washington limited liability company ("Beneficiary''), whose address is 9125 lO'h Avenue South, Seattle, Washington, 98108; WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in King County, Washington: LOT 1 AND TRACT A OF SR 900 L.L.C. LOT LINE ADJUSTMENT (CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-03-124-LLA), AS RECORDED IN THE REAL PROPERTY RECORDS OF KING COUNTY UNDER RECORDING NO. 20040311900015; SITUATE IN THE CITY OF RE>ITON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS AND ENCUMBRANCES OF RECORD. which real property is not used principally for agricultural or farmmg purposes, together with all the tenements, hereditamen.ts, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of (a) securing performance of each agreement or Granter DEED OF TRUST-Page 1 Page 2 of7 Printed on 12/10/2008 7:33:33 AM Document: TDD 2005.0930003847 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS K!NG,WA 20050S30003847.003 herein contained and (b) payment of the sum of ($6,800,000.00) SIX MILLION EIGHT HUNDRED THOUSAND AND NO/!OOTHS DOLLARS with interest., in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grniltor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: I. To keep the property in good condition and repair; to permit no waste thereof; to complete any improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all Jaws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of aJI other charges, liens or encumbrances impairing the secnrity of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property descnoed herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to Beneficiary as its interest may appear and then to the Grantor, The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall delermine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose fr,is Deed of Trust. S. To pay all costs, fees and expenses in connection with this Deed of Trus~ including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Granter fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, sball be added to and become a pa,t of the debt secured in this Deed ofTrust IT IS MUTUALLY AGREED THAT: DEED OF TRUST-Page 2 Page 3 of7 Printed on 12/10/2008 7:33:34 AM Document: TDD 2005.0930003847 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS KlNG,WA 20050S30003847.004 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof as may be necessary to fully satisfy· the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive their right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of their execution of this Deed of Trus~ and such as Grantor may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all of the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of TntSt or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is bmught by the Trustee. DEED OF TRUST-Page 3 Page 4 o:7 Printed on 12/10/2008 7:33:34 AM Document: TDD 2005.0930003847 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS KING,WA 20050930003847.005 8. Thls Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the holder and owner of the note secured hereby, whether or notnamed as Beneficiary herein. GRANTOR: M3RLINO LAND DEVELOPMENT CO., INC., a Washington corporation AGREED TO AND ACCEPTED BY: SR 900 L.L.C., a Washington ·mited liability company: DEED OF TRUST-Page 4 Page 5 of7 Printed on 12/10/2008 7:33:34 AM Document: TDD 2005.0930003847 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20050930003847.006 KING.WA STATEOFWASHINGTON ) ) SS, COUNTY OF KlNG ) I certify that I know or have satisfactory evidence that GREGG M. MERLlNO is the penon who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a co-president of MERLINO LAKD DEVELOPMENT CO., lNC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Notary Public Title q-\'.3-0 My Appointment Exp2 STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) I certify that I know or have satisfactory evidence that MICHAEL J. MERLINO [i; the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a co-president of MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Notary Public Title 9-10 .-D~ My Appointment E ~ DEED OF TRUST-Page 5 Page 6 of7 Printed on 12/10/2008 7:33:34 AM Document: TDD 2005.0930003847 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :!XNS 20050930003847.007 KING,WA REQUESTFORFULLRECONVEYANCE Do not record, To be u.sed only when noJe has been paid. TO: TRUSTEE. The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said Note, together wi!h all other indebtedness secured by said Deed of TIUSt. bas been fully paid and ::;:atisfied; and you are hereby requested and dire<:ted,. on psyment to you of any swns owing to you tlllder the tenns of said Deed of Trust, to cancel said note above-mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trost, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust. all the oote:te now held Oy you thereunder. Dated _____ ~200_ DEED OF TRUST-Page 6 Page 7 of7 Printed on 12/10/2008 7:33:34 AM Document: TDD 2005.0930003847 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS \111111111111101~'~~· ~~0J~202001370 KING,WA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO, sTEUAIJT TIT~E DT \\I.el P~G'Etl1. OF 821 Sills Cumrrils :Epstein & Gross 'P.C. One Riverfront Plaza Newark, NJ 07102 Attention; Jacque1ine Cichora.c1d IZ/12/290~ 14: 11 KING COUN,.lf, UA DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND F1XTURE FILING Grantor: Grantees: Legal Desc1iption: Abbreviated: Full: Tax Parcel Identification No.: CW Loan No.: OS-2031 U967B4S • Deed ofTmt-Sunset View STEWART TITLf ib,-I J.J 1.J.>(~) V.E.E. ASSOCIATES, L.L.C., a Washington limited lfability company Countrywide Commercial Real Estate Finance, Ioc., a California corporation (beneficiary) Stewart Title Company, a Washington corporation (trustee) PTc'I OF C.E. BROWNELL DLC NO. 41 See Exhibit A attached hereto. 0001400009 Page I of23 Printed on !2/10/ZOOS 7:33:16 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20051202001370.002 KlNG,WA DEED OF TRUST, ASSIG1'MENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND F1XTURE FILING (this "Deed of Trust") is made as of December 2, 2005 by V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company, having an address of 5973 Avenida Encinas, 1/220, Carlsbad, Callfornia 92008 ("Trustor") to STEWART TI11.,E COMPANY ("Trustee''), in favor of COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California corporation, having an address of 4500 Park Granada, Calabasas, California 91302 (together with its successors and assignsi 'iBeneficiary''). RECITALS WHEREAS, Trustor and Beneficiary are parties to a Loan Agreement of even date herewith (said Loan Agreement, as mocified and supplemented and in effect from time to time, the ''Loan Agreement"), which Loan Agreement provides for a loan in the ~uiginal principal amount of$10,650,000.00(the "Loan") to be made by Beneficiary to Trustor; and WHEREAS, it is a condition to the obligation of Beneficiary to extend credit to Truster pursuant to the Loan Agreement that Truster execute and deliver this Deed ofTrust. GRANT NOW, THEREFORE, in consideration of the making of the Loan by Beneficiary to Tn1stor and the covenants, agreementst representations and warranties set forth in the Loan Documents, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and for the purpose of securing the payment and performance of tl1e foliowing (collectively, the "Loan Obligations"): (a) all principal (including, witho•Jt Hrnitation, any advance to Trustornow or hereafter made), interest thereon and all other sums due and/or payable, and all obligations owing by Truster, under any Loan Docwnent and amendments, modifications, extensions, substitutions, exchanges and renewals thereof (each of which sball enjoy the same priority as the advance made on the Closing Date as evidenced, by the Note); and (b) all covenants, agreements and other obligations of Trustor under the Loan Documents; Trustor hereby irreyocably grants, bargains, sells, releases, conveys, warrant~ assigns, transfers, mortgages, pledges, sets over and confirms unto Trustee, its successors and assigns, in trust, WITH POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION, to have and to hold forever for the security and benefit of Beneficiary and its successors and assigns, all of Trustot's right, title and interest in and to the following property, rights, interests and estates, now existing or hereafter coming into existence (the property, rights, interests and estates hereinafter described are collectively referred to herein as the "Property''): (i) all the land located in the County and State identified on Exhibit A attached hereto, as more #967845· Deed o( Trust -Sunset Viecw Page 2 of23 Printed on 12/10/2008 7:33:16 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment Station Id :JXNS 20051202001370.003 KTNG,WA particularly described on such Exhibit A (the "Land"), (ii) the Accounts, (iii) the Account Collateral, (iv) the Appurtenant Rights, (v) the Contracts, (vi) the Equipment, (vii) the Improvements, (viii) the Instruments, (ix) the Inventory, (x) the General Intangibles, (xi) the Leases, (xii) the Pennits (to the fullest extent assignable), (xiii) the Rents, (xiv) the Proceeds, (xv) the Chattel Paper (including Electronic Chattel Paper and Tangible Chattel Paper), Commercial Tort Claims, Deposit Accounts, Documents, Goods, Investment Property, Letter of Credit Rights, Payment lntallgib7es and Supporting Obligations (as all such terms in this clause (xv) are defined in the UCC) and (xvi) any and all other rights of Truster in and to the items set forth in clauses (i) through (xv) above, all whether now owned or hereafter acquired, and all other property which is or hereafter may become subject to a Llen in favor of Beneficiary pursuant to any Loan Document. TO HAVE AND TO HOLD the Property and all parts thereof unto Trustee, its successors and assigns. for the benefit of Beneficiary, their successors and assigns forever, PROVIDED, HOWEVER, that these presents are upon the express condition that, if Truster shall pay or cause to be paid to Beneficiary all sums due Beneficiary with respect to the Loan under the Loan Documents and keep, perform and observe all the covenants and promises in each of the Loan Documents, all without fraud and delay, then this Deed of Trust, and all the properties, interests, and rights hereby granted, bargained, and sold shall cease, terminate and be void and Beneficiary shall instruct Trustee to effect a full and proper termination, release and reconveyance; otherwise the same shall remain in full force and effect. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: ARTICLE l DEFINITIONS Section 1.1. Certain Defined Terms. For all pUI]Joses of this Deed of Trust, all capitalized terms shall have the meaning ascribed thereto in the Loan Agreement or the Note, as applicable, unless defined herein, and: '~Account CollateraP' means the Reserve Accounts (as defined in the Loan Agreement), together with all cash, checks, drafts, certificates and instruments, if any, from time to time deposited or held in the Reserve Aooounts, all interest, dividends, cash, instruments. investment property and other property from time to time recefvedt receivable or otherwise payable in respect of, or in exchange for, any or all of the foregoing. 11Accounts" means all ofTrustor's "accounts/' as such term is defined in the UCC. HAppurtenant Rights" means all easements, rightsMof-way, strips and gores of land, vaults, streets, ways. alleys, passages, sewer rights, waters, water courses, water rights. air tights, development rights and powers, and, to the extent now or hereafter owned by Trustor, all minerals, flowers, shrubs, crops, trees, timber and other e.rnblements now or hereafter #%7845 -Deed or Trust -Sun~ View Page 3 of 23 Printed on 12/10/2008 7:33: 17 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 20Sl72333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.004 KING,WA appurtenant to, or used in connection with, or located on, under or above the Land or any pan or parcel thereof, and all "as extracted collateral" (as defined in the UCC), and all ground leases, subleases 1 estates, rights, titles, interests, privileges, liberties, lenements, hereditaments and appurtenances, reversions, and remainders whatsoever. in any way belonging, relating or appertaining to the Land or any pan thereof. "Contracts" means, collectively, (a) all contracts between Trustor and third parties in connection with the management, construction, repair, renovation, use. operation or maintenance of the Property, in each case as the same may thereafter from time to time be an1ended or modified; and (b) all warranties, guarantees, and other rights of Trustor or Ma.nager1 direct and indirect, againsl manufacturers, dealers, suppliers, and others in connection with the above contracts and agreement or the work done or to be done and the materials supplied or to be supplied to or fo, the Property. "Equipment" means all of Trust or's "eg•,ipment," as such term is defined in the UCC, and, to the extent not included in such definition, all fixtures, appliances, machinery, "software" (as defined in the UCC), furniture, furnishings, decorations, tools and supplies, now owned or hereafter acquired by Truster, including without limitation, .all beds, linens, radios,.televisions, carpeting, telephones, cash registers, computers, electronic data.processing or other office equipmerit, lamps, glassware, rcstalll'llllt and kitchen equipment, and building equipment, including, without limitation, all heating, lighting, incinerating, waste removal and power equipment, engines, pipes, tanks, motors, conduits, switchboard~ security and alarm systems, plumbingi Jifting, cleaning, fire prevention, fire extinguishing, refrigeration, washing machines, dryers, stoves, refrigerators, ventilating, and communications apparatus, air cooling and air conditioning apparatus, escalators, elevators, ducts, and compressors, materials and supplies, and all other machinery, apparatus, equipment, fixtures and fittings now owned or hereafter acquired by Truster wherever located, any portion thereof or any appurtenances thereto, together with all additions, replacements, parts, fittings, accessions, attachmen!s. accessories, modifications and alteratio:is of any of the foregoing. ~'General Intangibles" means all of Trustor's ·~general intangibles/' as such term is defined in the UCC, and, to the extent not included in such definition, all intangible personal property of Trustor (other than Accounts, Rents, Instruments, Inventory, money and Permits), including, without limitation, choses in action, settlements, judgments, contract rights, rights to performance (including, without limitation, rights under wammties) refunds of real e.tate taxes and assessments and other rights to payment of money, copyrights, trademarks, trade names, service marks, trade secrets, and patents, the goodwill associated with any of the foregoing, and all applications for any of the foregoing, in each case whether now existing or hereafter in existence. "Improvements,,. means all buildings, struct:ires and improvements of every nature whatsoever situated on the Land on the Closing Date or thereafter, including, without limitation, to the extent of Truster's right, title or interest therein or thereto, all gas and electric fixtures, radiators, heaters, washing machines, dryers, refrigerators 1 ovens1 engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, #961fS4S -DCCll ,ufTrust · SW1sct View Page 4 of23 Printed on 12/10/2008 7:33: 17 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 2081723J3 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.005 KING,WA antennas, carpeting and other floor coverings, water heaters, awnings and stonn sashes, and cleaning apparatus which are or shall be attached to the Land or said buildings, structures or improvements. "Instruments~• means all of Trnstor's "instruments," as such term is defined in the UCC, and, to the extent not included in Slich definition, all instruments, chattel paper, documents or other writings obtained by Tmstor from or in connection with the ownership or operation of the Property evidencing a right to the payment of money, including, without limitation, all notes, drafts, acceptances, documents of title, and policies and ce1tificates of insurance, including but not ]irnited to, liability, hazard, rental and credit insurance, guarantees and securities, now or hereafter received by Truster or in which Trustor has or acquires an interest pertaining to the foregoing. "Inventory" means aJI oftrustor's ''inventory," as such term is defined in the UCC. "Permits" means all licenses, registrations, permits, allocations, filings, authorizations. approvals and certificates used in connection with the ownership, operation 1 construction, renovation, use or occupancy of the Property, including, without limitation, building pennits, business licenses, state health department licenses, food service licenses, liquor ticenses, licenses to conduct business and all such other pennits, licenses and rights, obtained from any Governmental Authority or private Person concerning the ·ownership, construction, operation, renovation, use or occupancy of the Property. "Proceeds" means all of Trustor's "proceeds" as such tennis defined in the UCC and, to the extent not included in such definition, all proceeds, whether cash or non-cash, movable or immovable, tangible or intangible (including Insurance Proceeds, Condemnation Proceeds, and proceeds of proceeds), from the Security Interest Property, including, without limitation, those from the sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the Security Interest Property and all income, gain, credit, distributions and similar items from or with respel't to the Security Interest Property. "Rents" means: with respect to the Property, all rents {whether denoted as advance rent, minimwn rent1 percentage rent, additional rent or otherwise)~ receipts, issues, income, royalties, profits, revenues, proceeds, bonuses, deposits (whether denoted as security deposits or otherwise), lease termination fees or payments, rejection damagcst buy-out fees and any other foes made or to be made in lieu of rent, any award made hereafter to Truster in any court proceeding involving any tenant, lessee, licensee or concessionaire under any of the Leases in any bankruptcy, insolvency or reorganization proceedings in any state or federal court, and all other payments, rights and benefits of whatever nature from time to time due wider the Leases. "!lQQ" means the Unifom1 Commercial Code in effect in the jurisdiction in which the Property or any of the Security Interest Property is located, as applicable. li96784S · Deed ofTrust ~ Sunset View Page 5 of23 Printed on 12/10/2008 7:33:17 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.006 KlNG,WA Section J.2. Interpretation of Defined Terms. Singular tenns shall include the plural fonns and vice. versa, as applicable, of the. tenns defined. All references to other documents or instruments shall be deemed to refer to such documents or instrwnents as they may hereafter be extended, renewed, modified or amended~ and all replacements and substitutions therefor. · ARTICLE2 COVENANTS AND AGREEMENTS OF TRUSTOR Section 2.1. Payment of Secured Loan Obligations; Incorporation by Reference. Trustor shall pay when due the principal, interest thereon and all other sums, charges, fees and other Loan Obligations due and/or payable under any Loan Document all as in accordance with the Loan Documents. All of the covenants, conditions and agreements contained in the Loan Documents are hereby made a part of this Deed of Trust to the same extent and with the same force as if fully set forth herein. Section 2.2. Duty to Defend: Filirtg: Re-Filing-Etc. (a) Trustor will forever defend the title to the Property and the validity and priority of the lien or estate hereof against the claims and demands of all Persons whomsoever. {b) Trustor shall execute, acknowledge and deliver. from time to time, such further instruments as Trustee or Beneficiary may reasonably require co accomplish the purposes of this Deed of Trust. Trustor hereby irrevocably authorizes and appoints Beneficiary as its attorney-in-fact, coupled with an interest, for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including, without limitation, such rights and remedies available to Beneficiary pursuant to this Deed of Trust. (c) Truster shall pay all intangible taxes, recording tal<es, filing, registration and recording fees, all refiling.. re-registration and re-recording fees) and all expenses incident to the execution, filing, recording and acknowledgment of this Deed of Trust, any security agreement, mortgage 1 modification or amendment supplemental hereto and any document, instrument and agreement of further assurance, and all federal, state, county and municipal stamp taxes and other taxes, ducies, imposts, assessments and charges ansing out of the execution, delivery, filing, registration and recording of the Note, this Deed of Trust or any of tl1e other Loan Documents, any security agreement or mo1tgage or deed of trust modification or amendment supplemental hereto or any document instrument or agreement of further assurance. (d) Truster hereby indemnifies and holds Beneficiary harmless from any sales or use tax that may be imposed on Beneficiary by virtue of the Loaa other than taxes imposed on the income1 stock or assets of Beneficiary. #96784S -Ddedo(Trust-Sunset view Page 6 of23 Printed on 12/10/2008 7:33:17 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20061202001370.007 KING,WA Section 2.3. No Transfer. Trustor shall not and shall not cause, allow. or pennit, and shall prevent from occurring, a Transfer, except as expressly permitted pursuant to the Loan Agreement. In the event of any violation of this Section 2.3, Beneficiary may, at its option, accelerate and declare the outstanding Indebtedness immediately due and payable, without notice or demand, and whether or not Beneficiary shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any Loan Document with respect to any Property or all or any portion of the Security Interest Property. ARTICLE3 ASSIGNMENT OF RENTS, ISSUES AND PROFITS Truster hereby absolutely and unconditionally assigns to Beneficiary all of Trustor's right, title and interest in all current and future Leases and Rents, it being intended that this Deed of Trust constitute a present, absolute assignment and not an assignment for additional security only. This Article 3 presently gives Beneficiary the right to collect Rents and to apply Rents in partial payment of the Loan Obligations and otherwise in accordance with the Lean Agreement. Trustor intends that the Rents and Leases be absolutely assigned and no longer be, during the term of this Deed of Trust, property of Truster or Truster's estate, as defined by 11 U.S.C. §541. If any law exists requiring Beneficiary to talce actual possession of the Property (or some action equivalent to taking possession of the Property, such as securing the appointment of a receiver) for Beneficiary to "perfect" or "activate" the rights and remedies of Beneficiary as prov'ded herein. Trustor waives the benefit of such law. Such assignment to Beneficiary shall not be construed to bind Beneficiary to perforrn any covenants, conditions or provisions contained in any Lease or otherwise impose any obligation upon Beneficiary, and notwithstanding this Deed of Trust, Trustor shall remain liable far any obligations undertaken by Trustor pursuant to any Lease. Subject to the tenns ofthis Article 3 and the Loan Agreement, Beneficiary grants to Trustor a license, revocable as hereinafter provided, to operate and manage the Property and to collect and use the Rents. If an Event of Default occurs (except, for any Event of Default described in Section 8.1/fl of the Loan Agreement, for which the revocation hereinafter described shall be automatic and simultaneous with the occurrence of any such Event of Default), the license granted to Trustor herein may, at Beneficiary's election, be revoked by Beneficiary, and Beneficiary shall immediately be entitled to possession of all Rents then or thereafter payable (including Rents past due and unpaid) whether or not Beneficiary enters upon or takes control of the Property. Any Rents collected by Trustor from and after the date on which an Event of Default occurred and is continuing shall be held by Trustor in trust for Beneficiary. Truster hereby grants and assigns to Beneficiary the right, at Beneficiary's option, upon revocation of the license granted herein, to enter upon the Property in person, by agent or by court appointed receiver to collect Rents with or without taking the actual possession of the Property or any equivalent action. Beneficiary may apply any Rents collected after the license granted herein is revoked in Beneficiary's sole and absolute discretion to pay the Loan Obligations in such order and in such manner as Beneficiary shall elect. »%1845. Deed ofTrust·Sunm Vii,w Page 7 of23 Printed on 12/10/2008 7:33:17 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.008 KING.WA ART!CLE4 ASSIGNMENT OF CONTRACTS Trustor hereby absolutely and unconditionally assigns to Beneficiary all of Truster's right, title and interest in and to the Contracts to the maximum extent allowable under all Legal Requirements and to the maximum extent allowable under the terms of each individual 'Contract, it being intended that this assignment be an absolute assignment from Trustor to Beneficiary and not merely the granting of a security interest. Until the occurrence of an Event of Default, Trustor may retain, use and enjoy the benefits of the Contracts. Upon the occurrence and during the contiouance of an Event of Default (other than an Event of Default described in Sections 8. HO of the Loan Agreement for which the revocation hereinafter described shall be automatic and simultaneous with the occurrence of any such Event of Default), the license described in the preceding sentence shall, upon Beneficiary's election, be automatically revoked, and Beneficiary may elect to exercise any and all of Beneficiary's rights and remedies hereunder. ARTICLES SECURITY AGREEMENT AND FIXTURE FILING As additional security, Trustor, as debtor, hereby grants to Beneficiary, as secured party, a continuing security interest in the portion of the Property which is or may be subject to the provisions of the UCC which are applicable to secured transactions, and in any property as to which a security interest can be created or petfected, now existing or here:afler coming into existence, and a11 substitutions replacementst renewals and additions to and all products and Proceeds of the foregoing (collectively, the "Security Interest Property"). This Deed of Trust is intended to be and shall be effective as a security agreement and "fixture filing" under the UCC or other law applicable to the creation of liens on and security interests in personal property and fixtures, As further security for the payment and performance of the Loan Obligations, this Deed of Trust shall constitute a financing statement under the UCC with Trustor, as debtor, and Beneficiary, as secured party. To the extent permitted by Jaw, Trustor hereby authorizes Beneficiary to file financing and continuation statements necessary to continue the lien of and security interest evidenced by this Deed of Trust with respect to the Security Interest Property (and confirms that Beneficiary is a person entitled to file a reeord, and that Trustor has authorized aU such filings, within the meaning of Section 9-509 of the UCC). The principal places of business and mailing addresses of Trustor, as debtor, and Beneficiary, as secured party, respectively, are as set forth on page one hereof. Trustor's location, for purposes of Section 9-307 of the UCC, is Trustor's state of formation/incorporation/organization as set forth on page I hereof. Information relative to the security interest created hereby may be obtained by application to Beneficiary. AR Tl CLE 6 REMEDIES Section 6.1. Acceleration of Maturity. If an Event of Default shall have occurred, then the entire Indebtedness and all other Loan Obligations shall, at the option ofBeneficiary, #96784$ · Deed ofTt11st-SunsetVfcw Page 8 of23 Printed on 12/I0/2008 7:33:17 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order:208172333 TitleOfticer:31 Comment: Station Id :IXNS 20061202001370.009 KING,WA become due and payable without notice or demand, time being of the essence; and any omission on the part of Beneficiary to exercise such option when entitled to do so shall not be considered as a waiver of such right. Truster hereby expressly waives presentment, demand for payment, notice of protest, notice of dishonor, notice of inteot to accelerate the maturity of the Indebtedness and notice of acceleration of the maturity of the indebtedness secured hereby. Notwithstanding anything contained to the contrary herein, the Indebtedness shall be accelerated and immediately due and payable, without any election by Beneficiary, upon the occutTence ofan Event of Default described in Sections 8 HQ of the Loan Agreement. Section 6.2, Default Remedies. (a) If an Event of Default shall have occurred and be continuing, this Deed of Trust may, to the maximum extent permitted by law, be enforced, and Beneficiary, or Trustee in response to Beneficiary's request (which Trustor agrees shall be presllmed to have been made), may exercise any right, power or remedy permitted to it hereunder, under the Loan Agreement or under any of the other Loan Documents or at law or in equity, and, without limiting the generality of the foregoing, Trnstee or Beneficiary may, personally or by their agents, to the maximum extent permitted by law: (i) enter into and take possession of the Property or any part thereof, exclude Trustor and all Persons claiming under Truster whose claims are junior to this Deed of Trust, wholly or partly therefrom, and use, operate, manage and control the Property or any part thereof either in the name ofTrustor or otherwise as Beneficiary shall deem best, and upon such er.rry, from time to time at the expense of Truster and the Property, make all such repairs, replacements, alterations, additions or improvements to the Property or any part thereof as Beneficiary may reasonably deem proper and, whether or not Beneficiary has so entered and taken possession of the Property or any part thereof, collect and receive all Rents and apply the same to the payment of all expenses that Trustee or Beneficiary may be authorized to make under this Deed of Trust, the remainder !o be applied to the payment of the Loan Obligations until the same shall have been repaid in full, take possession of all security deposits held with respect to the Property, whether or not Trustee or Beneficiary enters upon or takes control of the Property and regardless of where any such security deposits are deposited or located; if Beneficiary demands or attempts to take possession of the Property or any part thereof in the exercise of any rights hereunder, Trustor shall promptly turn over and deliver complete possession thereof to Beneficiary; {ii) effect new Pennits and Contracts; amend, altert renew, cancel or surrender existing Permits and Contracts; and make concessions to the Governmental Authorities, the Contractors, warrantors and others; and (iii) personally or by agents, with or without eotry: (x) invoke the power of sale and pursuant to the procedures prescribed by law as a result thereof, sell !he Property or any part thereof, or cause the Property or any part thereof to be sold at a sale or sales held at such place or places 1#967845 -Deed ofTrus1 -Suns-et View Page 9 of23 Printed on 12/10/2008 7:33:lS AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.010 and time or times and upon such notice and otherwise in such manner and in such order as may be required by law, or, in the absence of any such requirements, as . Beneficiary may deem appropriate and from time to time adjourn any such sale by announcement at the time and place specified for such sale or for such adjonmed sale without further notice, except such as may be required by law; (y) proceed to protect and enforce Beneficiary's rights under this Deed of Trust, by suit for specific performance of any covenant contained herein or in the Loan Documents or in aid of the execution of any power granted herein or in the Loan Documents, or for the foreclosure of this Deed of Trust (as a mortgage or otherwise) and the sale of the Property or any part thereof under the judgment or decree of a court of competent jurisdiction, or for the enforcement of any other right as Beneficiary shall elect, provided, that in the event of a sale, by foreclosure or otherwise, of less than all of the Property, this Deed of Trust shall continue as a lien on, and security interest in, the remaining portion of the Property; or (z) exercise any or all of the remedies available to a secured party under the UCC, including, without limitation: (I) either personally or by means of a court appointed receiver, take possession of all or any of the Security Interest Property and exclude therefrom Trustor and all Persons claiming under Trustor, and thereafter hold. store, u'se. operate, manage, maintain and control, make repairsJ replacements~ alterations.. additions and improvements to and exercise all rights and powers ofTrustor in respect of the Security Interest Property, or any part thereof; if Beneilciary demands or attempts to take possession of the Security Interest Property in the exercise of any rights hereunder, Trustor shall promptly tum over and deliver complete possession thereof to Beneficiary; (2) without further notice to or demand upon Trustor (except those olherwise required hereby or by the Loan Agreement), make such payments and do such acts as Trustee or Beneficiary may deem necessary to protect its security interest in the Security Interest Property, including, without limitation, paying, purchasing, contesting or compromising any encumbrance that is prior to or superior to the security interest granted hereunder, and in exercising any such powers or authority paying aII expenses incu1Ted in connection therewith, which expenses shall thereafter become part of the Loan Obligations secured by the lien of this Deed of Trust; (3) require Truster to assemble the Security Interest Property or any portion thereof, at a place designated by Trustee or Beneficiary and reasonably convenient to both parties, and promptly to deliver the Security Interest Property to Beneficiary, or an agent or representative designated by Beneficiary, and its agents and representatives, shall have the right to enter upon the premises and property ofTrustor to exercise Beneficiary's rights hereunder; f#9e>1B45 -Dtoo ofTT11Sl-Suniet View KING.WA Page 10 of23 Printed on 12/10/2008 7:33:18 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :lXNS 20051202001370.011 KJNG,WA (4) sell, lease or otherwise dispose of the Security Interest Property, with or without having the Security Interest Property at the place of sale, and upon such tenns and in such manner as Beneficiary may determine (and Beneficiary may be a purchaser at any such sale, provided, however, that Trustee, at the request and direction of Beneficiary, may dispose of the Security Interest Property in accordance with Beneficiary's rights and remedies in respect of the Property pursuant to the provisions of this Deed of Trust in lieu of proceeding under the UCC); and (5) unless the Security Interest Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Beneliciary, as the case may be, shall give Trustor at least ten (10) days prior notice of the time and place of any sale of the Security Interest Property or other intended disposition thereof, which notice Trustor agrees is commercially reasonable. (b) If an Event ofDefuult shall have occurred, Beneficiary, to the maximum extent pemritted by law, shall be entitled, as a matter of right, to the appointment of a receiver of the Property, without notice or demand, and witl1ont regard to the adequacy of the security for the Loan Obligations or the solvency of Truster. Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry and shall continue as such and exercise all such powers until the date of confirmation of sale of the Property, unless such receivership is sooner terminated. #967845 -Deed of Trost -S-.inset View Page 11 of23 Printed on 12/10/2008 7:33:18 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.012 K!NG,WA (c) In any sale under any provision of this Deed of Trust or pursuant to any judgment or decree of court, the Property, to the maximum extent permitted by law, may be .sold in one or more parcels or as an entirety and in such order a.s Beneficiary may elect, without regard to the right ofTrustor or any Person claiming under Trustor to the marshalling of assets. The purchaser at any such sale shall take title to the Property or the part thereof so sold free and discharged of the estate of Trustor therein, the purchaser being herct>y discharged from all liability to see to the application of the purchase money. Upon the completion of any such sale by vCrtue of this Section 6.2(c), Trustee or Beneficiary, as the case may be, shall execute and deliver to the purchaser an appropriate instrument that shall effectively transfer all of Trustor's estate, right, title, interest, property, claim and demand in and to the Property or portion thereof so sold, but without any covenant or wainnty, express or implied. Trustor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered to Beneficiary or to such purchaser or purchasers all such instruments as may be advisable, in the reasonable judgment of Beneficiary, for such purpose, and as may be designated in such request Any sale or sales made under or by virtue of this Deed of Trust, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, propeJ1Y, claim and demand whatsoever, whether at law or in equity, of Trustor in, to and under the Property, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Trustor and against any and all Persons claiming or who may claim the same, or any part thereof, by, through or under Trustor. The powers and agency herein granted are coupled with an interest and are irrevocable. (d) All rights of action under any Loan Document may be enforced by Trustee or Beneficiary without the possession of the original Loan Documents and without the production thereof at any trial or other proceeding relative thereto. Section 6.3. Application of Proceeds. (a) All proceeds of any repayment of or recoveries on the Loan shall be applied to repay the Indeotedness in such order and in such manner as Beneficiary shall elect in Beneficiary's discretion. (b) No sale or other disposition of all or any part of the Property pursuant to this Section 6.3 shall be deemed to relieve Trustor of its obligations under any Loan Document except to lhe extent the proceeds thereof are applied to the payment of such obligations. If the proceeds of sale, collection or other realization of or upon the Property are insufficient to cover the costs and expenses of such realization and the payment in full of the Loan Obligations, Truster shall remain liable for any deficiency subject to Section 8.11. #%784S · Deed oi Trust -Suns=t V:icw Page 12 of23 Printed on !2/10/2008 7:33:18 AM Document: TDD 2005.120200\370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.013 KING,WA (c) Upon any sale made under the powers of sale herein granted and conferred, the receipt given by Beneficiary (or Trustee) will be sufficient discharge to the purchaser or purchasers at any sale for the purchase money, and such purchaser or purchasers and their- heirs, devisees, personal representatives. successors and assigns thereof will not, after paying such purchase money and receiving such receipt of Beneficiary, be obligated to see to the application thereof or be in any way answerable for any loss, misapplication or non- application thereof. Section 6.4. Right to Sue. Trustee and Beneficiary shall each have the right from time to time to sue for any sums required to be paid by Trustor under the terms of this Deed of Trust as the same become due, without regard to whether or not the entire Loan Obligations shall be, or have become; due and without prejudice to the right of Beneficiary thereafter to bring any action or proceeding of foreclosure or any other action upon the occurrence of any Event of Default existing at the time such earlier action was commenced. Section 6.5. Powers of Beneficiary. Beneficiary may at any time or from time to time renew or extend (and direct Trustee to renew or extend) this Deed of Trust or (with the agreement of Trustor) alter or modify the same in any way, or waive any of the terms, covenants or conditions hereof or thereof, in whole or in part,. and may release or reconvey~ or cause Trustee to release or reconvey, any portion of the Property or any other security, and grant such extensions and indlllgences in relation to the Loan Obligations, or release any Person liable therefor as Beneficiary may determine without the consent of any junior lienor or encumbrancer, without any obligation to give notice of any kind thereto, without in any manner affecting the priority of the lien and estate of this Deed of Trust on or in any part of the Property, and without affecting the liabJity of any other Person liable for any of the Loan Obligations: Section 6.6. Remedies Cumulative. (a) No right or remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy under this Deed of Trust, or under applicable law, whether now or hereafter existing; the failure of Trustee or Beneficiary to insist at any time upon the strict observance or performance of any of the provisions of this Deed of Trust or to exercise any right or remedy provided for herein or under applicable law, shall not impair any such right or remedy nor be construed as a waiver or relinquishment thereof. (h) To the maximum extent permitted by law, Trustee and Beneficiary shall each be entitled to eoforce payment and performance of any of the obligations of Trustor and to exercise all rights and powers under this Deed of Trust or under any Loan Document or any laws now or hereafter in force, notwithstanding tl1at some or all of the Loan Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise; neither the acceptance of this Deed of Trust nor its enforcement, whethec by court action or pursuant to the power of sale or other powers herein contained, #%7&45 -Deed cf Trust -Sunset View Page 13 of 23 Printe~ on 12/10/2008 7:33:18 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.014 KINO,WA shall prejudice or in any marmer affect the right of either Trustee or Beneficiary to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being stipulated that Trustee and Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Tmstee or Beneficiary in such order and manner as Beneficiary, in its discretio~. may determine; every power or remedy given by any Loan Documents to Trustee or Beneficiary, or to which Trustee or Beneficiary is otherwise entitled, may be exercised, concurrently or independen:ly, from time to time and as often as may be deemed expedient by Beneficiary, and Trustee or Beneficiary may pursue inconsistent remedies. Section 6.7. Waiver of Stay, Extension, Moratorium Laws: Equity of Redemption. In the event of foreclosure of this Deed of Trust 1 appraisement is expressly waived or is not waived, at the sole option of Beneficiary. To the maximum extent permitted by law, Trustor shall not at any time insist upon, or plead, or in any manner whatsoever claim or take any benefit or advantage of any applicable present or future stay, extension or moratorium Jaw, that may affect observance or performance of the provisions of this Deed of Trust; and Trustor, to the maximum extent permitted by law, hereby waives all benefit or advantage of any such Jaw or Jaws. Trnstor, for itself and all who may claim under it, hereby waives, to the maximum extent permitted by law, any and all rights and equities of redemption from sale under the power of sale created hereunder or from sale under any foreclosure of this Deed of Tmst and (if an Event of Default shall have occurred) all notice or notices of seizure, and all right to have the Property marshalled upon any foreclosure hereof. Neither Trustee nor Beneficiary shall be obligated to pursue or exhaust their rights or remedies as against any other part of the Property, and Trustor hereby waives any right or claim of right to have Trustee or Beneficiary proceed in any particular order. Section 6.8. No Assumption by Beneficiary. Except as otherwise expressly set forth in any Loan Document, Beneficiary will not be deemed in any manner to have assumed any liabilities or obligations relating to the Property or any portion thereof. Trustor agrees that the exercise by Beneficiary of one or more of its rights and remedies under this Deed of Trust shall in no way be deemed or constrned Lo make Beneficiary a mortgagee-in-possession. Section 6.9. Waiver of Homestead. Truster hereby waives and renounces all homestead and exemption rights provided for by the Constitution and the laws of the United States and of any state, in and to the Property as against the collection of the Loan Obligations, or any part thereof. Section 6.10. Discontinuance of Proceedings. If either Trustee or Beneficiary shall have proceeded to enforce any right, power or remedy under this Deed of Trust by foreclosure, power of sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to Beneficiary, then in every such case, Truster, Trustee and Beneficiary shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of T1ustee and Beneficiary shall continue as ifno such proceedings had occurred. #967B45 -Deed of Trust. Sunset Vi~w Page 14 of23 Printed on 12/10/2008 7:33:19 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.015 KING.WA ARTICLE 7 TRUSTEE Section 7.1. Successor Trustee. Trustee may resign in writing addressed to Beneficiary or be removed at any time with or without cause by an instrument in writing duly executed by Beneficiary and recorded in the office of the county recorder where the Land is situated. In case of the death, resignation or removal of Trustee, _a successor Trustee may be appointed by Beneficiary without other formality lhan an appointment and designation in writing unless otherwise required by applicable law. Such appointment and designation will be full evidence of the right and authority to make the same and of all facts therein recited, and upon the making of any such appointment and designation, this Deed of Trust will vest in the named successor trustee all the right, title and interest of Trustee in the Property, and said successor will thereupon succeed to all the rights, powers, privileges, immunities and duties hereby conferred upon Trustee; provided, however, that Beneficiary may at its option, appoint and designate several successor Lrustees 1 and in such marmer1 appoint and designate a different successor trustee for each county wherein a portion of the Property is located, as described in such written appointment and designation, and upon the making of any such appointment and designation, this Deed of Trust will vest in each such named successor trustee all of the right, title and interest of Trustee in that portion of the Property ascribed to such named successor trustee, and each such named successor trustee will thereupon succeed to all the rights, powers, privileges, immunit,es and duties hereby conferred upon Trustee in that portion of the Property ascribed to such named successor trustee. All references herein to Trustee will be deemed to refer to the trustee or trustees from time to time acting hereunder. Section 7.2. Trustee's Powers. At any time, or from time to time without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby or the effect of this Deed of Trust upon the remainder of the Property, Trustee may (a) reconvey any part of the Property, (b) consent in writing to the making of any map or plat thereof, (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement subordinating the lien or charge hereof. Section 7.3. Full Reconveyance by Trustee. To the extent Trustee's signature is necessary on any full reconveyance of this Deed of Trust then, upon written request of Beneficiary stating that all sums secured hereby have been paid and upon surrender of tl1is Deed of Trust and the Note to Trustee for cancellation and retention (or disposal in accordance with applicable law) and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or to the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto". Section 7.4. Trustee's Fees. No fees or expenses shall become payable to Trustee under this Deed of Trust other than those reasonable fees and expenses incurred by Trustee in #%?&45 -Deed orTru:i;t-Sunset View Page 15 of23 Printed on 12/10/2008 7:33: 19 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20051202001370.016 KING.WA comiection with the reconveyance of the Property pursuant to Section 7.3. or the exercise by Trustee of any remedy permitted to it hereunder, under the Loan Agreement or under any of the other Loan Docwnents or at law or in equity. Truster shall pay all such reasonable fees and expenses inclUTed by Trustee and Trustee's agents and counsel in connection with the foregoing and all such costs, fees and expenses shall be secured by this Deed of Trust. Section 7.5. Indemnity. Trustor shall indemnify Trustee against all claims. actions, liabilities. judgmenta. costs, attorneys' fees or other charges of whatsoever kind or nature made against or incurred by Trustee, and arising out of the performance by Trustee of the duties of Trustee hereunder, other than those arising solely due to Trustee's gross negligence or willful misconduct. ARTICLES MISCELLANEOUS Section 8.1. Reconveyance by Beneficiary. Upon pay111ent Jn full of the Loan Obligations or a complete defeasance with respect to the Property which complies with the Loan Agreement (if the Loan Agreement provides for defeasance), Beneficiary (and Trustee, to the extent required by law to effect a full and proper termination, release and reconveyance) shall release the lien of this Deed of Trust, or upon the request ofTrustor, and at Trustor's expense, assign this Deed of Trust without recourse to Tn1stor 1 s designee) or to the Person or Persons legally entitled thereto, by an instrument duly acknowledged in proper form for recording. Section 8.2. Notices. All notices, demands, co11sents 1 requests or other co111munications that are permitted or required to be given by any party to the other hereunder shall be in writing and given in the 111anner &')lecified in Section 12.6 of the Loan Agreement. Section 8.3. Amendments; Waivers; Etc. This Deed of Trust cannot be modified, changed or discharged except by an agreement in writing, duly acknowledged in proper form for recording, signed by Trustor and Beneficiary. Section 8.4. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of and binds Trustor and Beneficiary and each of their respective successors and assigns, and shall run with the Land. Section 8.5. Captions. The captions or headings at the beginning of each Article and Section hereof are for the convenience of the parties hereto and are not a part oftbis Deed of Trust. Section 8.6. Severabiljty. If any tenn or: provislon of this Deed of Trust or the application thereof to any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Deed of Trust, or U1e application of such term or provision to Persons or circumstances other than those as to which it is invalid or 1U1enforceable, shall not be affected thereby, and each term and provision of this Deed of Trust shall be valid and enforceable to the maximum extent permitted by law. If any portion 1il96784S · ~ti o(Tru51 • SUllSCl Vi~v Page 16 of23 Printed on 1211012008 7:33:19 AM Document: TDD 200S.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.017 KING.WA of the Loan Obligations shall for any reason not be secured by a valid and enforceable lien upon any part of the Property, then any payments made in respect of the Loan Obligations (whether voll!Iltary or under. foreclosure or other enforcement action or procedure or otherwise) shall, for purposes of this Deed of Trust (except to the extent otherwise required by applicable law) be deemed to be made (a) first, in respect of the portion of the Loan Obligations not secured by the lien of this Deed of Trust, (b) second, in respect afthe portion of the Loan Obligations secured by the lien of this Deed of Trust, but which lien is on less than all of the Property, and (c) last, to the portion of the Loan Obligations secured by the lien of this Deed of Trust, and which lien is on all of the Property. Section 8.7. Applicable Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State in which the Property is located. Section 8.8. Limitation of !merest. This Deed of Trust is subject to the limitations on the payment of interest set forth in Section 8 of the Note. Section 8.9. Time of the Essence. Time is of the essence with respect to each and every covenant, agreement and obligation of Trustor under all Loan Documents. Section8.IO. WAIVER OF JURY TRIAL. TRUSTOR, TRUSTEE AND BENEFICIARY HEREBY WANE ANY RIGHT EITHER MAY HA VE TO A TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING OUT OF OR lN ANY WAY RELATED TO THIS DEED OF TRUST OR THE LOAN, OR (B) IN ANY WAY CONNECTED WITH OR PERTAINING OR RELATED TO OR INCIDENTAL TO ANY DEALINGS OF TRUSTOR, TRUSTEE AND/OR BENEFICIARY WlTH RESPECT TO ANY LOAN DOCUMENT OR THE EXERCISE OF ANY PARTY'S RIGHTS AND REMEDTES UNDER THIS DEED OF TRUST OR OTHERWISE, OR THE CONDUCT OR THE RELATIONSHIP OF THE PARTIES HERETO, IN ALL OF THE FOREGOING CASES WHETHER NOW EXIST[NG OR HEREAFTER ARISING AND WHETI!ER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH OF TRUSTOR, TRUSTEE AND BENEFICIARY AGREE THAT ANY OF THEM MAY TILE A COPY OF THIS DEED OF TRUST WITH ANY COURT AS WRITTEN EVIDENCE OF THE KKOW!NG, VOLUNTARY, AND BARGAINED AGREEMENT OF TRUSTOR, TRUSTEE AND BENEFICIARY IRREVOCABLY TO WANE ITS RIGHTS TO TRIAL BY JURY AS AN INDUCEMENT TO BENEFICIARY TO MAKE THE LOAN, AND TI:!AT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE OR CONTROVERSY WHATSOEVER (WHETHER OR NOT MODIFIED HEREJN) BETWEEN TRUSTOR, TRUSTEE AND/OR BENEFICIARY SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURJSD!CTION BY A JUDGE SITTING WITHOUT A JURY. Section 8.11. Exculpation. This Deed of Trust and the obligations of Trustar hereunder are and shall be subject to and limited by the exculpation provisions of Section l 7 of the Note. #967845 -Deed of Trust• Sun&et VI.cw Page 17 of23 Ptinted on 12/10/2008 7:33:19 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Tit!e Officer: 31 Comment: Station Id :IXNS 20051202001370.018 KING,WA Section 8.12. Exhibits. The infonnation set forth on the cover, heading and recitals hereof; and the Exhibits attached hereto, are hereby incorporated herein as a part of this Deed of Trust with the same effect as if set forth in the body hereof. ART!CLE9 STATE-SPECIFIC PROVISIONS Section 9.1. Principles of Construction. In the event of any inconsistencies between the terms and conditions of this Article 9 and the other terms and conditions of this Deed of Trust, the terms and conditions of this A1ticle 9 shall control and be binding. Section 9.2. Use of the Properly. The Property is not currently used principally for agricultural purposes. Section 9.3. No Oral Agreement Enforceable. TRUSTOR ACKNOWLEDGES TI!AT ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCJNG REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [REMAlNDER OF PAGE INTENTIONALLY LEFT BLANK) #961845 -Deed ofTrust~Sun!let View Page 18 of23 Printed on 12/10/2008 7:33:19 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20061202001370.019 KrNG,WA JN WITNESS WHEREOF, this Deed of Trust, Assigrunent of Leases and Rents, Security Agreement and Fixture Filing has been duly executed by Truster as of the day and year first above written. GRANTOR: V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company By: Virtu Empire Associate,, L.L.C., a Washington limited liability company, its Manager By: Virtu Empire Manager, Inc., a Washington corporation, its Manager By: Virtu Investments, L.L.C., an Arizona limited liability company, its sole shareholder By:~ Scott McWhorter, Manager " By: V.E.E. Manager, Inc., a Washington corporation, its Member and Manager By: Virtu Investments, L.L.C., an Arizona limited liability cornpanyl its sole shareholder By: .,.-0~ Scott McWhorter, Mfuager~ #96?345 v4 Page J9of23 Printed on 12/10/2008 7:33:19 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.020 KING,WA STATE OF~\~!l,,~ COUNTY OF ;\a y1 'fa,.'lc'.. "'""' ) ss. ) I certify that l know or have satisfactory evidence that SCOTT McWHORTER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of VIRTU INVESTMENTS, L.L.C., an Arizona limited liability company, which limited liabihty company is the Sole Shareholder of VIRTU EMPIRE MANAGER, INC, a Washington corporation, which corporation is the Manager of VIRTU EMPIRE ASSOCIATES, L.L.C., a Washington limited liability company, which limited liability company is the Manager of V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. #%7845 v4 (Please print name legibly) NOTARY PUBLIC in and for the State of C:o.\lW':\:!:: , residing at ,YJ.., 'f:r:t, lll~'1 ,,,. My commission expires 'M P-\a..lo 2..1 ?rot\ I Page 20 of2J Printed on 12/10/2008 7:33:20 AM Document: TDD 2005.1202001370 • Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001370.021 KING,WA STATE OF C'o.\,(b, •; ) ) SS. COUNTY OF S,,,,, funu'-u, ) I certify that I know or have satisfactory evidence that SCOTT McWHORTER is the person who appeared before me, and said person acknowledged that he signed thls instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of V!RTU INVESTMENTS, L.L.C., an Arizona limited liability company, which limited liability company is the Sole Shareholder of V.E.E. MANAGER, JNC., a Washington corporation, which corporation is tho Member and Manager ofV.E.E. ASSOCIATES, L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the fastrument. I { ,.. a,1,1NE V. l. HUJ ~fii Comm.11478004 ,~ 'II NOTAtt Ml.ll:,QLll'OAMA WI 1 Slnf1J11CRII Cati< -Mf CO-. El~rn IU.R.21J008 T ~%7845v4 (Sigoa~ (Please print name legibly} NOTARY PUBLIC in and for the State of Q,. \', llt,.-V\>& , residing at So," '£rc,n u, ~ My commission expires Uov::,;.t, ·1 \ 1 '1...00'8 Page 21 of23 Printed on 12/10/2008 7:33:20 AM Document: TDD 2005.1202001370 • Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Jd :IXNS 20051202001370.022 EXHIBIT A ff967R4S v4 A-1 KING.WA Page 22 of23 Printed on 12/10/2008 7:33:20 AM Document: TDD 2005.1202001370 • Branch :STK,User :8792 Order: 208172333 Title Offlcer: 3 l Comment: Station !d :lXNS KJNG,WA PARCELi'.. 20051202001370.023 I THAT PORTION OF THE CHARLES E. BROWNELL DONATION LAND CLAIM, DESIGNATED AS CLAIM NO. 41 AND BEING PARTS OF SECTIONS 13AND 14, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., IN KING COUNlY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 1,510.74 FEET OF SAID DONATION LAND CLAIM NO. 41; THENCE NORTH 88'37'10" WEST ALONG THE SOUTH LINE OF SAID NORTH 1,510.74 FEET, A DISTANCE OF 1,430.34 FEET, TO THE SOUTHVVEST CORNER OFA PARCEL KNOWN AS THE GUION MALLORY TRACT AS DESCRIBED IN A PARTITION DEED RECORDED NOVEMBER 15, 1920 UNDER AUDITOR'S FILE N0.1468198, RECORDS OF KING COUNTY, THENCE NORTH 01°26'40" EAST ALONG THE WESTERLY LINE OF SAID MALLORY TRACT, 418.19 FEET, MORE OR LESS, TO A POINT LYING 300.00 FEET SOUTHERLY OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE SOIJTHERL Y RIGHT OF WAY LI NE OF MARTIN LUTHER KING, JR., WAY SOUTH, ALSO KNOWN AS STATE SIGN ROUTE 900 (FORMERLY KNOWN AS EMPIRE WAY SOUTH OR STATE ROAD NO. 2); THENCE SOUTH 88°34'20' EAST, 50.00 FEET; THENCE NORTH 01'25'40" EAST, 279.45 FEET, MORE OR LESS, TOAN INTERSECTION WITH SAID SOUTHERLY RIGHT OF WAY LI NE OF MARTIN LUTHER KING, JR. WAY SOUTH: THENCE SOUTH 66°13'31" EAST ALONG SAID SOUTHl:RLY RIGHT OF WAY LINE, 580. 78 FEET; THENCE NORTH 23'46'29' EAST ALONG SAID RIGHT OF WAY LINE, 10 FEET; THENCE SOUTH 66'13'31' EAST ALONG SAID RIGHT OF WAY LINE, 39.30 FEET, TO THE POINT OF .BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,492.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 1,492.50 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 20'25'46', AN ARC DISTANCE OF 532.18 FEET (THE CHORD OF SAID ARC BEARS SOUTH 76'26'25' EAST, 529.37 FEET); THENCE LEAVING SAID ARC RADIALLY, SOUTH 03'20'41' WEST ALONG SAID RIGHT OF WAY LINE, 65.00 FEET, TO A POl~T ON A CURVE LYING CONCAVE TO THE NORTH, ·BEING CONCENTRIC WITH THE PREVIOUSLY DEFINED ARC, HAVING A RADIUS OF 1,557.50 FEET; THENCE EASTERLY ALONG THE ARC OF SAID 1,557.50 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 09°06'12', AN ARC DISTANCE OF 247.46 FEET (THE CHORD OF SAID ARC BEARS NORTJ-1 88°47'35' EAST, 247.20 FEET), TO A POINT OF TANGENCY; THENCE NORTH 84°14'29' EAST ALONG SAID TANGENT AND SAID RIGHT OF WAY LINE, 41.04 FEET TOA POINT OF INTERSECTION WITH THE EAST LINE OF SAID DONATION LAND CLAIM NO. 41: THENCE SOUTH 01°25'40' WEST, 310.22 FEET TO THE POINT OF BEGINNING. PARCELS: AN EASEMENT FOR DRIVEWAY AND INGRESS AND EGRl:SS AS DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9009191190. Page 23 of23 Printed on ]2/10/2008 7:33:20 AM Document: TDD 2005.1202001370 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment; Station Id :JXNS 20060814001410.001 KJNG,WA THIS DOCUMENT PREPARED BY AND UPON RECORDATION RETURN TO: VANESSA ORTA, ESQ. ANDERSON, McCOY & ORTA, P.C. 100 North Broadway, Suite 2600 Oklahoma City, Oklahoma 73102 AMO Fili: No. 1209.042 20060814011,11111 ~~~i~T~F ee 4 ADT 7s.ee 0'8/14/2HG 12: 18 KING COUNTY, WAI 4137 05-2031 King County, Washington ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT· OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING ASSIGNOR: COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California corporation ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006- 2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIBS 2006-2 LEGAL DESCRIPTION: 1. Abbreviated Legal Description: PTN OF C.E. BROWNELL DLC NO. 41 2. Additional Legal is on Exhibit A of document, REFERENCE NUMBER: Document Number 200512020013 70 ASSESSOR'S PROPERTY TAX OR PARCEL ACCOUNT NUMBERS: 0001400009 t Page 1 of4 Printed on 12/10/2008 7:33:20 AM Document: TDii ASN 2006.0814001410 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 2006081400141 0.002 KlNG,WA ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEME)"T AN;D FIXTURE FILING - KNOWTHAT COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC .• a California corporation, having an address of 4500 Park Granada, Calabasas, CA 91302, ("Assignor"), For valuable consideration paid by: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2, having an address of 135 S. LaSalle Street, Suite 1625, Chicago, IL 60603, ("Assignee"), the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby grant, bargain, sell, convey, assign, transfer, and set overt without recourse, representation and warranty, except as set forth in that certain related Mortgage Loan Purchase Agreement all of Assignor's right, title and interest, of any kind whatsoever, including that of mortgagee, beneficiary, payee, assignee or secured party (as the case may be), in and to the following: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing ("Deed of Tmst") dated December 2, 2005 by V .E.E. Associates, L.L.C., a Washington Jimi1ed llability company to Assignor and· recorded December 2, 2005, as Docunent Number 20051202001370, with the King County Recorder, Washington. TOGETHER with the bonds or notes or obligations described in said Deed of Trust, and lb.e moneys due and to grow due !hereon with the interest, and any and all other related security instruments which secure the indebtedness and/or obligations secured by said Deed of Trust. TO HA VE AND TO HOLD the same unto lhe Assignee and to the successors, legal representatives and assigns of the Assignee forever. IN WITNESS WHEREOF, the Assignor has caused these presents_ to be effective as of June 22, 2006. (The remainder of this page has been Intentionally left blank.) Page 2 of4 Printed on 12/10/2008 7:33:20 AM Document: TDD ASN 2006.0$14001410 . : Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) COUNlRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California On the~ day of June, 2006, before me, Jacqueline S. Ensalaco, a Notary Public in and for said state, personally appeared, Marlyn A Marincas, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within bstrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument, and that such individual made such appearance before the undersigned, in the City of Calabasas, County of Los Angeles, California. WITNESS my hand and official seal. Station Id :IXNS 20060814001410.003 [SEAL] ~~4,~ Jacquer S. Ensalaco, Notary Public My Commission Expires: KlNG,WA Page 3 of4 Printed on 12/1012008 7:33:21 AM Document: TDD ASN 2006.0814001410 • Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS KING,WA . PARCELk. THAT PORTION dF THE CHARLES E. BROWNEEL DONATJON GA~D'cLAiM, __ _ DESIGNATED AS CL.AIM'N0.-41 AND BEING PARTS"OF•SECTJON_S ':13"ANP t4, _. _ _ 20060814001410.004 J --TOWNSHIP 23 NORTH, RANGE4 EAST w:M,, IN•KING.COUNTY, WASHINGTON"MORE _ PARTJCULARL YDESCRIBEDAS'FOLLOWS: -.. --. . --... . -. -. BEGl~MNGAT THE SOUTHEASJCORNEROF THE NORTH 1;510.~~;;;-~~T bF SAID· ' . DONATION.lJ\Nl::i.CLAIMcN0:'4.1;. ·. ·· -. ·.·: -. '° "•.; '-_ -... '' · :· ---___ '> ._,·r:, --.: : ,-_"'. • ·----· THENCE NOR!l'H,88°37'1'0' ~ST ALONG THE SOOTH t1NE0F,.SA1D NORTH \,5.'Wi74: FEET, 'A DISTANCE OF1, 43.0,34°FEET, TOTHE SOUTHWEST'CORNEROF·A PARCE~ :KNOWN AS THE GUION<MALLORY.TRACTASDESCRIBED-IN A'PARTITION:DEED.. --. RECORDED,NOVEMflER•15, 1920 UNDERAUDITOFl'S,F!lE·.No: 14S6.1~8;REC0(l.qS _ -: -_· - ._ ·oF KING COUNTY, <'HENCE'NORTH01 "25'40_" EASTAl.iONG 1'1-lEWESTERLY'.'LJNE-OF-• -SAID MAlLORYT:RACT,;418;19'fEETiMORE OR:l;.ESS, TOAPO!NT'lYING,300:0Q·. -FEET SOLITHERLY,Ol'ir.HE•INTERSECTlON•OF SAID;,W,ESTERG,Y..LINE WFHITHE :· -· · ;· •• · . --SQUTHj:RLY'RIGHT'Of,',1/',)sY ,~INE OF MARTllf l_l;JTHER,KI NG, ,.Jff.;;1/YAYSOQTiil,)\LSO· .; -----_ KNOWN AS SJATf;Sl$1\CROU1'E_.900 (FORMERLY-KNOVVN:A'S;E;f'4F'IRE WA'i"SQUTH ;,: OR.STP.TEROAON!),.a);,THEt;iCE:SQUTH.88'34'.20~ E;ASj; ~(!.'.OQ:F.EE;J':-;JHEN.CE. , · NORTH 01'25'40''EAS1', '279A5J'EET, _ MORE ORLESS, l'.0 AN 4NTERSECJION-WITH -. · · sAlD ,SOUJ'H ERLY RI.GfJJ,OF VVAY L! NE OF.MARTI.N'.l;UilliEl:(KINq, JR,.WAY,SOl,JTH;_ . . THENCE:SOUTH£6°-13'3t'iEPiS1?AL0NG SAID SOUTHERLY,RIGHT 0FWAYtlNE, ... ': . . . · ·58Q,7c!l•'FEET; · .-. "' -____________ ·-·, -. _', ,_.,·-, ·•-_.;:,,.: _ · THENCE· NORTl'f23'46129:·E'AST,AL0NG 'SAID:RIGHT"OF:VV/\Y.LiNE;. -1.0: f.Epr; ' ,. -; . - ; :THENCE SO.l)TH 66·t3'.31'.,EASTALONG SAiD-RIGHT-0F'WA¥-LINE;'.s$:~mFEET;"'l!O-· THE P.OINT OF BEGINNJNG•OF A:CURVETO"tr-iE.LEFT l'JAVING-A,RADJUs:oF :t,492 50 -· _ ~~~~CE SOl&HEA~TERlY'f•\ON\3 JHE-ARC:op,sAJD 1,4;2'.s-ofOOTRADIUS -· _ _ CURVE;.JHRO!]Gfl 1-iCENTRALANGLE·OF 20'25'48',.A!ii'ARC<DISTANCE,0R'532;16 _, . . . __ · _'FEET(THE C~ORD OF SAID,ARc;•BEi'.Rs:soui:H:J:6~26:25;]EASl.;5:;i&.'37';i;EEJJi> .. / ' ',. -__ -_-- THENCE-LEAVING,,SAID ARC RADIALLY,:SOUTH 03'20'41'WESJ: /\LQNG:.SAID'RIGHT, -OF WAYoll NE,:65;00,FEE.T,TO.'AiPOI NT-ON.A: OtJRVE·,LYING CdNCAVE,TO'THE --_ : --·· NDRTH,:BEiNGiCONCENTRIC\-,11TH•THE-PREViOU$LY1JEFli-1Eri:'ARC/HAVINGAr-; _ RADIJJS:_OF !;551'50:FEET; THENCE EASTERLYAJ:ONG THE Afl(),Qf SAID'1;~57!50- FOOT RADIUSCJJRVE,THROUGHACENTRAL ANGLE"OF-09~06'12'.,,AN•ARC , · .. DISi:ANCE oF 247.46:FEEJ"(THE CHORD ofsA1D ARc.BEARs,Ji10R:r;~ ae•47•3s" _ · · EAST, 247;20·FEE!),T;OAPOINTOF"TANGENCY; . · . _ .. --: .. -• -_ THENCE NORTH "84°I4'29' ,EASTALONG,SAlDTANGENTAND-SAIDRIGHT OF WAY 'LINE, 4 Hl4 FEET TO-A POINT OF .I NJERSECTIONWl'Thl'THE EAST 1:INEOF SAID -- DONATION·LAND,CLAIM.N0.:41;', -. . __ -_ --_ _ __ . -, -. THENCE SOU-TH .. 01•25'40" WEST;:310.22 FEETTO'THE, POINTCQFBEGINNING. PARCEL:B:· -AN·EASEMENTFOR·DRIVEWAYAND INGRESSAND-EGRESS AS DESCRIBED IN: · -INSTRUMENT RECORDED l:JNDER RECORDING NO. 9009_191190.. - Page4 of4 Printed on 12/10/2008 7:33:21 AM Document: TDD ASN 2006.0814001410 ' Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id : IXNS %00T04 186&2288~01 KING,WA 1111111111111111 AFTER RECORDING MAIL TO: 20070418002266 Name, __ ..,:T"'im,e;o:,.,t"'h,__y..;J;;.-="'Boe.Yc,C"'e,_, _,Ee_es.,_g!.... ----~i~Rr /;P~ ASAG 93.oe Dechert LLl' 04/10/2i107 115:22 A~s _ __JB!!Jae'n"k'---'o"f'--"A"'m"e_.r.,.i,.¢e.•...:C"o"'rwpa,o.1Jt"aut.,e'-'-c"e"'n"'t-"e .. r--l(ING COUN'TV, IJ~ 100 North Tryon Street~ Suite 4000 City I Stat~, _ _1Ceihe!a1:r,1.l5<9J,.tt&•L-• _jN,t!g.__,2[;8t,2o.0'-'2~----------- Document TitJe{s)'! (or transactions con~ned therin) I. Loan Assumption and Substitu~ion Agreement 2. 3. 4. Reference Number(s) of Documents assigned or released: 20051202001371 STEWA.R.TTITLE OF WASHINGTON D Additional numbers qn page ___ of document (this spa~ for title compatiy usi: only} Grantor(s): (Last name firil, then first name and initials) l. AG/Virtu Sunset View, L.L,C. 2. 3. 4. S. D Additional names on page ___ of document Grantec(s): (Las1 name first, then first name and initials) 1. LaSalle Bank Natl.onal Association, as Trustee for the Registered Holders 2. of ML-CFC Commercial Mortg~g~ .. ,Trust 2006-2, cOmnercial Mortgage Pass- 3. Thr9ugh Certificates, Series 2006-2 4. 5, D Additional names on page. ___ of document Abbreviated Legal Description as follows: (lot/block/plat or seclion/townshlp/rangc::tquarter/qoarter) · Ptn. c~ E. Brownell DLC #41 in Sec.t, 13, Twp. 23 N, Rllg 4~ · [xi Complete 1egal description is on page __ 2_9_of documf!nL Assessor's Property Tax Parcel/ Account Number{s): 000140 0009 . NOTE: 7ht(Jl{dimr!rwmlu111/ll rtl1 A'I rJ11 ilrfomltlfi(}IJ on rheflirrrr. n1e 11,ljf r,,iff,J(lt rNt/rl~ drii.llmnll mwrif.r ll~=rcu:yor~(( the (ndo:i,w illprmuJk»I p,rwkhd lltrtin. Page I of31 Printed on 12/10/2008 7:33:26 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208 l 72333 Title Officer: 3 l Comment: Upon recordation, return to: Timothy J. Boyce, Esq. DochortLLP Bank of America Corporate Center I 00 North Tryon Street, Suite 4000 Charlotte, NC 28202 LOAN ASSl)MPTION AND SUBSTITUTION AGREEMENT Grantor: AGNIRTU SUNSET VIEW, L.L.C. Grantee: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS-THROCGH CERTIFICATES, SERIES 2006-2 Legal Description: Full: See Exhibit A attached hereto Abbreviated: PTN OF C.E. BROWNWELL DLC N0.41 Tax Parcel Idetification No: 0001400009 Date: As of April /2, 2007 13311297,9.BUSINBSS Station Id :IXNS 20070418002266.002 KlNG,WA Page2of31 Printed on 12/10/2008 7:33:26 AM Document: TDD MOD 2007.0418002266 ' Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.003 KJNG,WA LOAN ASSUMPTION AND SUBSTITUTION AGREEMENT THIS LOAN ASSUMPTION AND SUBSTITUTION AGREEMENT (this "Agreement") is made and entered into as of April 1£, :2007, by and among AGNIRTIJ SUNSET VIEW, L.L.C., a Delaware limited liability company having an address of 9440 Santa Monica Blvd., Suite 708, Beverly Hills, CA 90210 (''Assuming Bo"ower"), SCOTT MCWHORTER, having an address at 53 Riley Beacb, Carmel, CA 93923 ("McWhorter"), and MICHAEL GREEN, having an address at 3844 Jackson Street, San Francisco, CA 94118 <:'Green" and together with McWhorter, individually and collectively, if more than one, "lndenmitor'1, and V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company having an address at 5973 Avenida Encinas, Suite 220, Carlsbad, CA 92008 ("Original Borrower''), in favor of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TIIE REGISTERED ROWERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2, whose mailing address is c/o Wachovia Securities, Charlotte, North Carolina 28288-1075, 28262-1075 for overnight deliveries, Attn: Portfolio Manager, ("Lender'l A. Countrywide Commercial Real Estate Finance, Inc. (the "Original Lender''), pursuant to the Lo.an Documents (as hereinafter defined) made a loan to Original Borrower in the original principal amowit of$10,650,000.00 (the "Loa11"). The Loan is evidenced and secured by the following documents executed in favor of Original Lender by Original Borrower: (1) Promissory Note dated December 2, 2005, payable by Original Borrower to Original Lender·in the original principal amount of$10,650,000.00 (the "Note''); (2) Deed of Trust, Assigr.ment of Leases and Rents, Security Agreement and Fixture Filing of even date with the Note, granted by Original Borrower to Original Lender, recorded as Instrument No. 20051202001370 in the real estate records of King County, Washington ("Recorder's Office'') (the "Mortgage"); (3) -Loan Agreement of even date with the Note granted by Original Borrower to Original Lender (the "Loan Agreement''); (4) Assignment of Leases and Rents of even date with the Note granted by Original Borrower to Original Lender, recorded as Instrument No. 20051202001371, in the Recorder's Office (the "Assigmnent"); (5) UCC-1 financing statements with Original Borrower as debtor and Original Lender as secured party, filed with the Recorder's Office as Instrument No. 20051205002569 and with the Secretary of State of the State of Washington as Instrument No. 2005-341-5223-1 (collectively the "Financing Statements'?; (6) Guaranty of Recourse Obligations by and between Indemnitor and Original Lender of even date with the Noto (the "Indemnity Agreement"); and 13311297.9.BUSINESS Page3of31 Printed on 12/10/2008 7:33:26 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station ld :!XNS 20070418002266.004 KING,WA (7) Environmental Indemnity Agreement by and between Original Borrower, fudemnitor and Original Lender of even date with the Note (the "Enviro11mental Indemnity Agreement"). The foregoing docwnents, together with any and all other documents executed by Original Borrower and/or fudernnitor in connection with the Loan, are collectively called the "Loan Documents." As used herein, the term ''Assumi11g Obllgors" shall mean Assuming Borrower and fudemnitor; the term "Original Obligors" shall mean Original Borrower and fudemnitor. B. Original Lender assigned, sold and transferred its interest in the Loan and all Loan Documents to Lender and Lender is the current holder of all of Original Lender's interest in the Loan and Loan Documents. C. Original Borrower continues to be the owner of tho Property (as defined below). D. Pursuant to tliat certain Sale-Purchase Closing Agreement, dated April 18, 2007 (as amended and as assigned to Assuming Borrower, the ''Sales Agreementj, Original Borrower agreed to sell, and Assuming Borrower agreed to purchase, that certain real property more particularly described on Exhibit A attached hereto, together with all other property encumbered by the Mortgage and the other Loan Documents (collectively, the "Property"). The Sales Agreement requires that the Assuming Borrower assume the Loan and the obligations of Original Borrower under the Loan ::Jocu:nents, and conditions the closing of the sale of the Property upon the Lender's consent to :he sale of the Property and the asswnption of the Loan. E. Pursuant to Section 6.l of the Lean Agreement, Original Borrower has the right to sell the Property to a third party subject to the satisfaction of certain conditions specified therein. Original Borrower and Assuming Borrower have requested that Lender consent to the sale, com•eyance, assignment and transfer of the Property by Original Borrower to Assuming Borrower, subject to the Mortgage and the other Loan Documents, and to the assumption by Assuming Borrower of the Loan and the assumption by Assuming Obligors of the obligations of Original Obligors under the Loan Documents. F. Lender is willing to consent to the sale1 conveyance, assignment and transfer of the Property by Original Borrower to Assuming Borrower, subject to the Mortgage and the other Loan Documents, and to the assumption by Assuming Borrower of the Loan and the assumption by Assuming Obligors of the obligations of Original Obligors under the Loan Documents, on and subject to the terms and conditions set forth in this Agreement and in the Mortgage and in the other Loan Documents. G. Lender, Original Obligors and Assuming Obligors by their respective executions hereof, evidence their consent to the transfer of the Property to Assuming Borrower and the modification and assumption of the Loan Documents as hereinafter set forth. Statement of Agreen1ent In consideration of the mutual covenants and agreements set forth herein, the parties hereto hereby agree as follows: 1331 iW7.9.SUSIHESS Page 4 of3 J Printed on 12/10/2008 7:33:26 AM Document: TDD MOD 2007 .0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.005 KING,WA 1. Representations, Warranties, and Covenants of Original Obligors, Release of Lender. (a) Original Obligors hereby represent to Lender, as of the date hereof, that (i) simultaneously with .the execution and delivery hereof, Original Borrower has conveyed and transferred all of the Property to Assuming Borrower (provided, it being understood that Assuming Borrower (w) will establish new "Accounts" and "Deposit Accounts", (x) will put new insurance in place, (y) will not acquire Proceeds to the extent such Proceeds arose prior to the date herrof and (z) will not acc;uire Commercial Tort Claims to the extent personal to the Original Borrower); (ii) simultaneously with the execution and delivery hereof, Original Borrower has assigned and transferred to Assuming Borrower all leases, tenancies, security deposits and prorated rents of the Property in effect as of the date hereof ( "Leas ... ") retaining no rights therein or thereto (except to the extent of deferred rents in accordance with the Sales Agreement); (iii) Original Borrower has not received a mortgage from Ass=ing Borrower encombering the Property to secure the payment of any sums dne Original Borrower or obligations to be perfonned by Assuming Borrower; (iv) the Mortgage is a valid first lien on the Property for the full unpaid principal amount of the Loan and all other amounts as stated therein; (v) there are no defaults by them under the provisions of the Loan Documents; (vi) there are no defenses, set-offs or rights of defense, set-off or counterclaim whether legal, equitable or otherwise to the obligations evidenced by or set forth in the Loa,1 DoClllllents; (vii) all provisions of the Loan Documents are in full force and effect, except as modified herein; (viii) other than Permitted EnClllllbrances there are no subordinate liens of any kind covering or relating to the Property nor are there any mechanics' liens or liens for unpaid taxes or assessments encumbering the Property (other than Permitted Encumbrances), nor has notice of a lien or notice of intent to file a lien been received and (ix) the represenrations and warranties made by Original Obligors in the Loan Doc\llllents or in any other documents or instruments delivered in COIUlection with the Loan Documents, including, without limitation, all representations and warranties with respect to environmental matters, are true, on and as of the date hereof, with the same force and effect as if made on and as of the date hereof. (h) Original Obligors hereby covenant and agree that: (i) from and after the date hereof, Lender may deal solely with Assuming Obligors in all matters relating to the Loan, the Loan Documents, and the Property; (:i) they shall not at any time hereafter take (x) a mortgage or other lien encumbering the Property or (y) except as permitted by the Loan Documents (as modified hereby) a pledge of direct or indirect interests in Assuming Borrower from Assuming Obligors to secure any sums to be paid or obligations to be performed by Assuming Obligors so long as any portion of the Loan remains unpaid; and (iii) Lender has no further duty or obligation of any nature relating to this Loan or the Loan Docmnents to Original Obligors. Original Obligors understand and intend that Lender shall rely on the representations, warranties and covenants contained herein. 2. Representations, Warranties, and Covenants of Assuming Obllgors. (a) Assuming Obligors hereby represent and warrant to Lender, as of the date hereof, that: (i) simultaneously with the execution and delivery hereof, Assuming Borrower has 13311297.9.BUSIN!:SS Page 5 of3 l Printed on 12/10/2008 7:33:26 AM Document: TDD MOD 2007 .0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :!XNS 20070416002266.006 KlNG,WA purchased from Original Borrower all of the Property /provided, it being understood that Assuming Borrower (w) will establish new "Accounts" and "Deposit Accounts", (x) will put new insurance in place, (y) will not acqufre Proceeds to th_e extent such Proceeds arose prior to the date hereof and (z) will not acquire Commercial Tort Claims to the extent personal to the Original Borrower), and has accepted Original Borrower's assignment of the Leases; (ii) Assuming Borrower has assumed the performance of Original Borrower's obligations arising from and after the date hereof under the Leases; (iii) Assuming Borrower has not granted to Original Borrower (x) a mortgage or other lien upon the Property or (y) a pledge of direct or indirect interests in the Assuming Borrower to secure any debt or obligations owed to Original Borrower; (iv) to the knowledge of Assuming Obligors, no Event of Default (as defined in the Loan Agreement) has occurred or is continuing; (v) to the knowledge of Assuming Obligors, all provisions of the Loan Documents arc in full force and effect; (vi) to the actual knowledge of Assuming Obligors, the representations and warranties made in the Loan Documents or in any other documents or instruments delivered in connection with the Loan Documents are true, on and as of the date hereof; and (vii) Assuming Obligors have reviewed all of the Loan Documents and, subject to Section 9 hereof, consent to the terms thereof. (b) Assuming Borrower shall not hereafter, without Lender's prior consent in accordance with the terms of the Loan Documents (as modified hereby), further encumber the Property or sell or transfer the Property or any interest therein, except as may be specifically permitted in the Loan Documents. Assuming Obligors have no actual knowledge that any of the representations and warranties made by the Original Obligors herein are untrue, incomplete, or incorrect. (c} Jndernnitor hereby represents and warrants to the Lender that Assuming Jndemnitor is an affiliate of the Assuming Borrower and lndemnitor will derive substantial economic benefit from the Lender's agreement to consent-to the transaction desoribed herein. The Jndemnitor hereby acknowledges and agrees that the Jndemnitor has executed this . Agreement and agreed to be bound by the covenants and agreements set forth herein in order to induce the Lender to consent to the transaction described herein. Accordingly, the Jndemnitor acknowledges that the Lender would not consent to the transaction described herein without the execution and delivery by the Indernnitor of this Agreement. Assuming Obligors understand and intend that Lender shall rely on the representations, warranties and covenants contained herein. 3. Assumption of Obligations of Borrower. Assuming Borrower hereby assumes the Indebtedness (as defined in the Loan Agreement), and Assuming Borrower hereby assumes all the obligations of Original Borrower, first accruing on or after the date hereof, of every type and nature set forth in the Loan Documents in accordance with their respective tenns and conditions, as the same may be modified by this. Agreement. Subject to Section 9 hereof, Assuming Borrower further agrees to abide by and be bound by all of the terms of the Loan Documents applicable to the 0 Borrower", in accordance with their respective tenns and conditions, including but not limited to, the representations, warranties, covenants, assurances and indemnifications therein, all as though each of the Loan Documents had been made, executed, and delivered by Assuming Borrower. Assuming Borrower agrees to pay when and as due all sums due under the Note accrning from and after the date hereof and agrees pay, perform, 12311297.9.BUSINESS Page 6 of 3 t Printed on 12/10/2008 7:33:26 AM Document: TDD MOD 2007.0418002266 I - Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :TXNS 20070418002266.007 KfNG,WA and discharge each and every other obligation of pa}lllent and perfonnance of the ''Borrower" accruing from and after the date hereof ?ursuant to and as set forth in the Loan Documents at the time, in the manner and othenvise in all respects as therein provided. Assuming Borrower hereby acl<llowledges, agrees and warrants that to the best of Assuming Borrower's lmowledge (i) there are no rights of set-off or counterclaim, nor any defenses of any kind, whether legal, equitable or otherwise, which would enable Assuming Borrower to avoid or delay timely performance of their obligations under the Loan Documents, as applicable; (ii) there are no monetary encumbrances or liens of any kind or nature against the Property except those created by the Loan Documents, and all rights, priorities, titles, liens and equities securing the pa}lllent of the Note are expressly recognized as valid and are in all things renewed, continued and preserved in force to secure pa}lllent of the Note, except as aroended herein. 4. Ratification of the Obligations of the Indemnitor under the Indemnity Agreement and Environmental Indemnity Agreement-From and after the date of this Agreement, the Indemnitor shall continue to be obligated and responsible for the performance of each and all of the obligations and agreements of the "bidemnitor", "Guarantor" and/or "Principal" (collectively referred to herein as "Indemnltor'? under the Indemnity Agreement, the Environmental Indemnity Agreement and the other Loan Documents to which Indemnitor is a party, and the lndemnitor shall remain liable and responsible for each and all of the liabilities of the Indemnitor thereunder, including, without limitation, all of those obligations, agreements and liabilities, without regard to when such obligations, agreements and liabilities arise, accrue or have arisen or accrued, and without regard to the Indemnitor then responsible or liable therefor at the time of such accrual. From and after the date hereof; the Indemnitor further agrees to abide by and be bound by all of the terms of the Loan Documents having reference to the lndemnitor. From and after the date hereof, the Indemnitor hereby agrees to pay, perform, and discharge each and every obligation of payment and performance of the Indernnitor under, pursuant to and as set forth in the Lean Documents at the time, in the manner and otherwise in all respects as therein provided. With respect to the Environmental Indemnity Agreement, the liability of the Indemnitor shall be joint and several with that of the Assuming Borrower. 5. Notlces to Indernnitor. Witl1out amending, modifying or otherwise affecting the provisions of the Loan Documents except as expressly set forth herein, the Lender shall, from and after the date of this Agreement, deliver any notices to tho lndemnitor which are required to be delivered pursuant to the Loan Documents, or are otherwise delivered by the Lender thereunder at Lender's sole discretion, to the Indemnitor's address set forth above. 6. Consent to Conveyance, Ratificotion by Indemnitor; Release of Original Obligors. Subject to the terms anc conditions set forth in this Agreement, Lender conseots to: (a) the sale, conveyance, assigmnent and transfer of the Property by Original Borrower to Assuming Borrower, subject to the Mortgage and the other Loan Documents; (b) the assumption by Assuming Borrower of the Loan and the obligations of Original Borrower under the Loan Documents; and (c) the ratification by Indemnitor of the obligations of the Indemnitor under the Loan Documents to which Indernnitor is a party. The Original Obligors (excluding the Indemnitor) are hereby released from any liability to Lender under any and all of the Loan Documents arising or first accruing subsequent to the transfer of the Property to Assuming Borrower and the assumption by Assuming Borrower and Indemnitor hereunder. Lender's consent to such transfer and assumption shall, however, not constitute its consent to any 133112;7.9.BUSlNESS Page 7 of3 I Printed on 12/10/2008 7:33:27 AM Document: TDD MOD 2007 .0418002266 Branch :STK,User :8792 Order: 208 J 72333 Title Officer: 31 Comment: Station Id :!XNS 20070418002266.008 KING.WA subsequent transfers of the Property. Original Obligors hereby acknowledge and agree that the foregoing release shall not be construed to release Original Obligors from any personal liability under the Note or any of the other Loan Documents for any acts or events occurring or obligations arising prior to or simultaneously with the closing of the transaction described herein. 7. Release and Covenant Not to Sue. Original Obligors aod Assuming Obligors, on behalf of themaelves aod their heirs, successors and assigns, hereby release aod forever discharge Lender, any trustee of the Loan, any servicer of the Loan, each of their respective predecessors in interest and successors i11d assigns, together with the officers, directors, partners, employees, investors, certificate holders and agents of each of the foregoing (collectively the "Lender Parties 1'), from all debts, accountings, bonds, wammties, representations, covenants, promises, contracts, controversics 1 agreements) claims, damages, judgments, executions, actions, inactions, liabilities demands or causes of action of any nature, at law or in equity, known or unknown, which Original Obligors and Assnming Obligors now have by reason of any cause, matter, or thing through and including the date hereof, including, without limitation, matters arising out of or relating to: (a) the Loan, including, without limitation, its funding, administration and servicing; (b) the Loan Documeots; (c) the Property; (d) any reserve and/or escrow balances held by Lender or any servicers of the Loan (it being understood that the foregoing waiver does not waive Assnming Borrower's rights to such reserves or escrow balances as permitted by, and in accordance with; the Loan Documents) or (e) the sale, conveyance, assigrunent aod transfer of the Property. Original Obligors and Assuming Obligors, on behalf of themselves and their heirs, successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of the Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action. 8. Acknowledgment of Indebtedness. This Agreement recognizes the reduction of the principal amount of the Note and the payment of interest thereon to the extent of payments made by Original Borrower prior ta the date of execution of this Agreement. The. parties acknowledge and agree that, as of the date of this Agreement, the outstanding principal balance of the Note is $10,473,839.43, interest on the Note is paid to April 7, 2007, the next payment of interest is due on May 8, 2007 and the Loan shall will mature and b6 fully due and payable on December 8, 2015, subject to acccloration as provided in the Note. Assuming Borrower acknowledges and agrees that the Loan, as evidenced and secured by the Loan Documents (as modified pursuant to Section 9 below), is a valid and existing indebtedness payable by Assuming Borrower to Lender. To the actual knowledge of Lender as of the date hereof, no Event of Default, or event which with the passage of time or the giving of notice, or both, would constitute an Event of Default, under the Loan Documents has occurred and is continuing. The parties acknowledge aod agree that Lender is holding the following escrow and/or reserve balances: Tax Escrow: $102.941.01 Insurance Escrow: $37.871.83 R=lacemeot Reserve: $10,011.04 Deferred Maintenance $5.55 Reserve: 13311297.!l'.BUSINESS Page 8 of3 l Printed on 12/10/2008 7:33:27 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station !d :IXNS 20070418002266.009 KING,WA I Total: I $1 so,s29.43 The parties acknowledge and agree that Lender shall continue to hold the escrow and reserve balances for the benefit of Assuming Borrower in accordance with the terms of the Loan Documents. Original Obligors covenant and agree that the Lender Parties have no further duty or obligation of any nature to Original Obligors relating to such escrow and/or reserve balances. Original Obligors hereby release and forever discharge the Lender Parties from any obligations to Original Obligors relating to such escrow and/or reserve balances. Assuming Obligors acknowledge and agree that the funds listed above constitute all of the reserve and escrow funds currently held by Ler:der with respect to the Lean and authorize such funds to be transferred to an account controlled by Lender for the benefit of Lender and_ Assuming Borrower. 9. Modifications of the Loan Documents. The Mortgage is hereby modified as follows: (a) Section 12.6 of the Mortgage is hereby deleted in its entirety and the following substituted in its stead: "12.6. Notices. All notices, demands, requests or other written commwiications hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of the same in person to t.'1e intended addressee, or by depositing the same with Federal Express or another reputable private courier service for next business day delivery, or by depositing the same in the United States mail, postage prepaid, registered or certified mail, return receipt requested, in any ever.t addressed to the intended addressee addressed as follows: If to Borrower: With a copy to: If to Lender: with a copy to:. 13311297.9.BUSINESS AGNirtu Sunset View, L.L.C. 9440 Santa Monica Blvd., Suite 708 Beverly Hills, CA 90210 Attn: Steve White Duval & Stachenfeld LLP 300 East 42nd Street, 3rd Floor New York, New York 10017 Attn: Terri L. Adler, Esq. LaSalle Bank National Association, as Trustee for the Registered Holders of ML-CFC Commercial Mortgage Trust 2006-2, Commercial Mortgage Pass-Through Certificates, Series 2006-2 c/o Wachovia Securities Charlotte, North Carolina 28288-1075 28262-1075 for overnight deliveries Attn: Portfolio Manager DechertLLP Bank of America Center Page 9 of3 l Printed on 12/10/2008 7:33:27 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.010 KING,WA 100 North Tryon Street, Suite 4000 Charlotte, North Carolina 28202 Attn: Timothy J. Boyce, Esq. All notices, demands and requests shall be effective (i) upon delivery, if delivered in person, (ii) one (I) business day after having been deposited for overnight delivery with any reputable overnight ccurier service, or (iii) three (3) business days after having been deposited in the United States mail as provided above. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as herein required shall be deemed to be receipt of the notice, demand orroquest sent. By giving to the other party hereto at least fifteen (IS) days' prior written notice thereof in acccrdance with the provisions hereof; the parties hereto shall have the right from time to time to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America." (b) Article 5 (Security Agreement) is hereby modified to substitute the name and address (as listed above) of Lender, as Secured Party, and Assuming Borrower, as Debtor, in place of the Secured Party and Debtor names and addresses set forth therein. (c) Section 1.1 of the Loan Agreement is hereby amended by adding the following defined terms: "AG Entity'' shall mean any corporation, partnership, limited liability company or other entity that is directly or indirectly controlled by (1) Angelo, Gordon & Co., L.P., (2) Affiliates of Angelo, Gordon & Co., L.P. and/or (3) funds managed by or invested with Angelo, Gordon & Co., L.P. or affiliates of Angelo, Gordon & Co., L.P. "AG/Vrrtu Member'' shall mean AGNlrtu Sunset View Membor, L.L.C., a Delaware limited liability company. "A "Virtu Entity" shall mean any Affiliate ofVirtu lnvestments L.L.C., Michael Green or Scott McWhorter." ( 1Land Use Application" shall me that that certain Land Use Permit Master Application, dated January 22, 2007 and filed with the City of Renton on January 22, 2007, relating to the properties owned by Quarry lndustrial Park L.L.C. and V .E.E. Associates, L.L. C." ''Rezoning Documentation" shall mean (i) that certain lefter from Quarry Industrial Park L.L.C. to V.E.E. Associates, L.L.C., dated as of November 6, 2006, relating to the rezoning proposal of the property and the abutting land owned by Quarry Industrial Park LL.C. and (ii) the Land Use Application." l 331 l 297. 9.B'OSlNESS Page 10 of3 l Printed on 12/10/2008 7:33:27 AM Document: mD MOD 2007.D418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070416002266.011 K!NG,WA (d) Section 5.4 of the Loan Agreement is hereby deleted in its entirety and following is substituted in its stead: "Section 5.4. Management of Property. (a) The Property will be managed at all times by VPM Management Inc., an Affiliate of both Guarantors, as the Manager pursuant to the Management Agreement unless terminated as provided in the Loan Documents. Borrower shall diligently perform all terms and covenants of the Management Agreement. Borrower shall not (a) surrender, terminate, cancel, or materially modify the Management Agreement, (b) c,:nter inro any other agreement relating ro the management or operation of the Property with Manager or any other Person, ( c) consent to the assignment by Manager of its interest under the Management Agreement or (d) waive or release any of its rights and remedies under the Management Agreement, in each case, without the consent of Lender in its reasonable discretion and subject to Section 5.4(b) below. If at any time Lender consents to the appointment of a new Manager, such new Manager and Bo~ower shall, as a condition to lender's consent, execute a subordmation of management agreeruent in form and substance reasonably satisfactory ro lender. Lender's failure to respond to a request from Borrower for approval within fifteen (15) Business Days of the latter of (i) such receipt of such request and (ii) receipt of all information reasonably requested by Lender shall be deemed Lender's approval, provided lhat Borrower delivers to lender a writing marked in bold lettering with the following: "LENDER'S RESPONSE IS REQUIRED WITHIN 15 BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF A WAN AGREEMENT BETWEEN THE UNDERSIGNED AND LENDER" and the envelope containing the writing must be marked "PRIORITY'' in bold letters. (b) In the event that Lender consents to the appointment of a new Ma.'lager, and S'J.Ch new Manager is not an affiliate of both Guarantors, then as a condition to Lender's consent to such appointment, Borrower shall provide an additional Guaranror reasonably acceptable to Lender and with a net worth of at least $5,000,000.00 (an "Additional Guarantor") (it being acknowledged that an AG Entity with a net worth of $5,000,000 shall be deemed acceptable) and such Additional Guaranror shall execute a Guaranty of Recourse Obligations and Environmental lndemnity Agreement in the forms presently provided by the existing Guarantors; provided, however, that (x) Borrower has the right to provide environmental insurance reasonably acceptable ro Lender in lieu of Additional Guaranror executing an Environmental Indemnity Agreement and (y) the maximum aggregate liability of Additional Guarantor under such Guaranty of Recourse Obligations and Environmental Jndcmnity Agreement entered into pursuant ro this paragraph shall not exceed $5,000,000." (e) Section 6.1 of the Loan Agreement is hereby amended by adding the following new paragraph (i): "(i) Notwithstanding anything to the contrary contirined herein or in any of the other Loan Documents, direct or indirect Transfers of the Eqmty Interests in the holders of the Equity Interest in AGNirtue Member shall be permitted; provided that, in each case~ after the conswnmation of any such Transfer, Assuming Borrower is more than 133112!17.9.SUS™ess Page 11 of31 Printed on 12/10/2008 7:33:27 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208 l 72333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.012 KJNG,WA 51 % beneficially owned and controlled by (A) an AG Entity, (BJ a Virtu Entity, or (C) a combination of AG Entities and Virtu Entities.,' (£) Section 8.1 of the Loan Agreement is hereby amended by adding the following new paragraph after clause (i) of Section 8.1: "Notwithstanding anything to the contrary herein, in the event that any Guarantor causes an Event of Default pursuant to Sections 8.l(f) or 8.l(h) of the Loan Agreement, then Borrower may, provided no other Event of Default has occurred and is continuing and subject to (i) Leuder's consent in Lender's reasonable discretion, (ii) Lender not having suffered any uncured monetary losses as a result of such Event of Default, and (iii) Lender not being materially and adversely affected by such Event of Default, cure such Event of Default if Borrower causes an Additional Guarantor reasonably acceptable to Lender, with a net worth ofat least $5,000,000.00 (it being acknowledged that an AG Entity with a net worth of $5,000,000 shall be deemed acceptable) to execute a Guaranty of Recourse Obligations and Environmental Indemnity Agreement in the forms presently provided by the existing Guarantors; provided. however. that (x) Borrower has the right to provide euvironmental insurance reasonably acceptable to Lender in lieu of such Additional Guarantor executing an Environmental Indemnity Agreement and (y) the maximum aggregate liability of the Additional Guarantor under such Guaranty of Recourse Obligations and Environmental Indemnity Agreement entered into pursuant to Uris paragraph shall not exceed $5,000,000." (g) Article 13 of the Loan Agreement is hereby amended by adding the following new Section 13.3: "Section 13.2 Partial Release. Upon approval by the City of Renton of the Land Use Application, Borrower shall be permitted, subject to Lender's consent after due inquiry and investigation, to obtain the release from the Lien of the Deed of Trust and the other Loan Documents of that certain parcel ofland proposed to be transferred to Quarry Industrial Park L.L.C. as described in the Rezoning Documentation (the ·~ Parcel") upon satisfaction of the following conditions by Borrower: (a) not less than thirty days (30) days prior to the date on which the Borrower plans to file the lot line adjustment application with the City of Renton, Borrower delivers to Lender a notice setting forth (i) the earliest date on which application for the lot line adjustment will be submitted to the City of Renton, (ii) the name of the proposed transferee, (iii) a metes and bounds description of the Release Parcel and (iv) a survey of the Release Parcel; (b) Borrower delivers to Lender evidence whlch would be satisfactory to a prudent lender acting reasonably that the Release·Parcel is not necessary for Borrower's operation or use of the Property for its then current use and may be readily separated from the applicable Property without a material diminution in the value of the Property; 133112-97.9.BUSINESS Page 12 of3 l Printed on 12/10/2008 7:33:27 AM Document: TDD MOD 2007 .0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station ld :lXNS 20070418002266.013 (c) on the date Borrower delivers to Lender notice of the proposed release and on the date of the release, no Event of Default has occurred which is continuing; (d) Borrower delivers to Lender evidence which would be satisfactory ·tc a prudent lender acting reasonably that (i) the Release Parcel has been legally subdivided or separated from the remainder of the Property (in which subdivision Lender shall cooperate by executing the required customary consents); (ii) after givmg effect to such transfer, each of the Release Parcel and the balance of the Property conforms to and is in compliance in all material respects with applicable Legal Requirements and constitutes or becomes part of a separate tax lot (or if not a separate tax lot, Borrower has taken all action required under applicable law required to be taken in order for the Release Parcel to be designated a separate tax Jot other than recordation of the deed to the applicable transferee) and (iii) the Release Parcel is not necessary for the Property to ccmply with any zoning, building, land use or parking or other Legal Requirements applicable to the Property or for the then current use of the Property, including without limitation for access, driveways, parking, utilities or drainage or, to the extent that the Release Parcel is necessary for any such puipose, a reciprocal easement agreement or other agreement has been executed and recorded that would allow the owner of the Property to continue to use the Release Parcel tc the extent necessary for such purpose, in which case Lender shall reasonably cooperate by executing customarily required mortgagee consents; (e) In the event that the release would reasonably be expected to materially adversely affect Lender's rights under the Title Insurance Policy as to any portion of the Property other than as to the Release Parcel, Borrower shall deliver to Lender an endorsement to the Title Insurance Policy insuring the Deed of Trust (i) extending the effective date of the policy to the effective date of the release; (ii) confirming no change in the priority of the Deed of Trust on the balance of the Property (exclusive of the Release Parcel) or in the amount of the insurance or the coverage of the Property (exclusive of the Release Parcel) under the policy; and (iii) insuring the rights and benefits under any new or amended reciprocal easement agreement or such other agreement required pursuant to clause (d)(iii) of this Section that has been executed and recorded, if any; (f) prior to the date of the release, Borrower delivers to Lender approvals to the release executed by any entities other than Lender holding Liens encumbering the Property or holding 8.'lY other interest in the Property that would be affected by the release, if and to the extent such approval is required pursuant to the terms of the loan agreement, deed of trust or other documents evidencing or securing such Lien; (g) Borrower has complied with any requirements applicable to the release in the Leases, easement agreements, operating agreements~ parking agreements or other similar agreements affecting the Property and the release does not violate any of the provisions of such documents in any respect that would result in a termination (or give any other party thereto the right to tenni1.ate), extinguishment or other loss of material rights of Borrower or in a material increase in Borrower's obligations under such documents and, to the extent necessary to comply with such documents, the transferee of 1331; 1297.9.BTJSENESS KING,WA Document: TDD MOD 2007.0418002266 Page 13 of3 l Printed on 12/10/2008 7:33:28 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20070418002266.014 the Release Parcel has assumed Borrower's obligations, if any, relating to the Release Parcel under such documents; (h) Borrower pays all of Lender's reasonable out-of-pocket expenses relating to the release (including, without limitation, attorney's fees and expenses); (l) Borrower delivers evidence in the fonn of an Officer's Certificate that any such release of the Release Parcel shall not result in an event of default or breach by Borrower, any right in favor of a third party of offset, abatement or reduction of rent payable to Borrower, or any right in favor of a third party oftennination, cancellation or surrender under any Leases, easement agreements or other material agreements by which Borrower or the Property is bound or encumbered; G) ingress to and egress from all portions of the Property remaining after the release (the "Remaining Property'') shall be over (i) physically open and fully dedicated public roads or (ii) vehicle and pedestrian easements which (!) provide vehicular and pedestrian access to a physically open ard fully dedicated public road, (2) are recorded in the chain of title to both the property which is encumbered thereby and the Remairung Property, (3) are irrevocable ar.d non-terminable without the consent of the owner of the Remaining Property; and provided, further, that, iflawfully obtainable, Borrower delivers to Lender an endorsement to the Title Insurance Policy, which endorsement shall insure that (A) the benefit of each such easement inures and runs to the benefit of the owner of the Remaining Property, (B) the lien of the Deed of Trust is a first lien on Borrower's beneficial interest in such easement, subject to no exceptions other than Pennitted Encwnbrances and such other Liens approved by Lender in its reasonable discretion or permitted in accordance with this Agreement and (C) no then-existing mortgages, liens, security interests or other encumbrances ( other than Permitted Encumbrances and such other Liens approved by Lender in its reasonable discretion or pennitted in accordance with this Agreement) on the Release Parcel burdened by such easement are superior to, or under any circumstances could tenninate, impair or limit the tenns of such easement; (k) the Release Parcel shall be vacant, non-income producing and unimproved ( or improved only by landscaping, utility facilities tllllt are readily relocatable or surface parking areas); (1) Borrower shall simultaneously with the release of the Release Parcel transfer title to the Release Parcel to Persons(,) other than Borrower or any Person owned or controlled by Borrower unkss Borrower delivers to Lender a nonconsolidation opinion satisfactory to Lender; (m) the·Rating Agencies shall have confirmed that the release will not result in a downgrade, withdrawal or qualification oftbe then current rating assigned to any class ofSecmities by the Rating Agenc:es; (n) Borrower shall deliver an opinion of counsel that would be acceptable to a prudent lender acting reasonably, prepared and delivered at Borrower's reasonable 1331 l297.9.BUSJNESS KING,WA Document: TDD MOD 2007.0418002266 Page 14 of31 Printed on 12/10/2008 7:33:28 AM I Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment Station Id :IXNS 20070418002266.015 KING,WA expense, stating that any REMIC Trust that has acquired the Loan will not fail to maintain i1s status as a REMIC Trust solely as a result of such releaac; and (o) any other conditions tha: Lender or the Rating Agencies may reasonably request after taldng into account information _and circumstances at the time of the proposed release." JO. Interest Accrual Rate and Monthly Installment Payment Amonnt to Remain the Same. The interest rate and the monthly payments set forth in the Note shall remain unchanged. Prior to· the occurrence of an Event of Default hereunder or under the Note, interest shall accrue on the principal balance outstanding from time to time at the Interest Rate ( as defined in the Note) and principal and interest (which does not include such amounts as may be _ required to fund escrow obligations under the terms of the Loan Documents) shall continue to be paid_in accordance with the provisions of the Note. 11. Conditions. This Agreement shatl be of no force and effect until each of the following conditions has been met to the complete satisfaction of Lender. (a) Fees and Expenses. Original Borrower and/or Assuming Borrower shall pay, or cause to be paid at closing: (i) all costs and expenses incident to the preparation, execution and recordation hereof and the consmnmation of the transaction contemplated hereby, including, but not limited to, recording fees, filing fees, surveyor fees, broker fees, transfer or mortgage taxes, rating agency confirmation fees, application fees, all third party fees, search fees, transfer fees, inspection fees, title insurance policy or endorsement premiums or other charges of Title Company and the fees and exponses of legal counsel to any Lender Party and any applicable rating agency and (ii) an assnmption fee to Lender in the amount of $52,369.20 being one-half of one percent (0.50%) of the ou1standing principal balance of the Note as of the date of the transfer and assnmption contemplated by this Agreement, the next regularly scheduled monthly payment due under the Loan, and the other fees and expenses outlined in the beneficiary statement distributed to the parties by Lender. (b) Deferred, Maintenance. Assuming Borrower to fund deferred maintenance items in the amount of $101,423.75 identified in the property inspection report at closing, such funds to be held and disbursed in accordance with Article 3 of the Loan Agreement. (c) Other Conditions. Satisfaction of all requirements under the Loan Documents and the closing checklist for this transaction as determined by Lender and Lender's counsel in their sole discretion.- 12. Default. Any breach of Assuming Obligors or Original Obligors of any of the representations, warranties, and tenns and conditions contained herein shall constitute a default under the Mortgage and each other Loan Document. 13. No Further Consents. Assnming Obligors and Original Obligors acknowledge and agree that Lender's consent herein contained is expressly limited to the sale, conveyance, assigoment and transfer herein described, that such consent shall not waive or render Ullllecessary Lender's consent or approval of any subsequent sal~ conveyance, assignment or 13311297.9.BUSlNESS Page 15 of3l Printed on 12/1012008 7:33 :28 AM Document TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :!XNS 20070418002266.016 KING,WA transfer of the Property, and that Section 6.1 of the Loan Agreement as modified by this Agreement shall continue in full force and effect. 14. Additional Representations, Warranties and Covenants of Assuming Ob ligors. As a condition of this Agreement, Assuming Obligors represent and warrant to Lender as follows: (a) Assuming Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware and is qualified to do business and in good standing in the State of W asbington. Assuming Borrower has full power and authority to enter into and carry out the terms of this Agreement and to assume and carry out the terms of the Loan Documents. (b) AGNirtu Sunset View ~anager, Jnc. is a corporation duly organized and validly existing in good standing under the laws of the State of Delaware and is authorized to transact business as a foreign coiporation in each jurisdiction in which such authorization is necessary for the operation of the business or properties of Assuming Borrower. An AGI-Entity or Virtn is, and shall remam, the sole Manager of Assuming Borrower. AG/Virtu Sunset View Manager, Inc. has full power and authoiity to enter into thls Agreement as Manager on behalf of Assuming Borrower, and to execute this Agreement. (c) Each Jndemnitor is a resident of the State of California and is legally competent to execute thls Agreerneot and to ratify his obligations as contained in the lndenmity Agreement and Environmental Indenmity Agreement. ( d) This Agreement and the Loan Documents constitute legal, valid and binding obligations of Assuming Obligors enforceable in accordance with their respective terms. Neither the entry into nor the assumption and perfonnance of and compliance with this Agreement or any of the Loan Documents has resulted or will result in any violation ol; or a conflict with or a default under, any judgn:i.ent, decree, order, mortgage, indentur_e. contract, agreement or lease by which Assuming Obligors or any property of Assuming Obligors are bound or any statute, rule or regulation applicable to Assuming Obligors. (e) There is no action, proceeding or investigation pending or threatened which questions, directly or indirectly, the validify or enforceability of this Agreement or any of the other Loan Documents, or any action taken or to be taken pursuant hereto or thereto which would be reasonably likely result in any material adverse change in the condition (financial or otherwise) or business of Assuming Obligors. (f) To the best knowledge of Assuming Borrower, there has been no legislative action, reg.llatory change, revocation of license or right to do business, fire~ exp]osion, flood, drought, windstorm, earthquake, accident, other casualty or act of God, labor trouble, riot, civil commotion, condemnation or other action or event which has had any material adverse effect, on the business or condition (financial or otherwise) of Assuming Obligors or any of their properties or assets, whether insured against or not, since Assuming Obligors submitted to Lender their request to assume the Loan. l3:3l l29M.BUSm:6SS Page 16 of31 Printed on 12/10/2008 7:33:28 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.017 KING,WA (g) The financial statements and other data and information supplied by Assuming Obligors in connection with Assuming Obligors' request to assume the Loan or otherwise supplied in contemplation of the assumption of the Loan by Asswning Obligors were in all material respects true and correct on the dates they were supplied, and since their dates no material adverse change in the financial condition of Asswning Obligors has occurred, and there is not any pending or threatened litigation or proceedings which would be reasonably likely to impair to a material extent the business or financial condition of Assuming Obligors. (b) Without limiting the generality of the assumption of the Loan Documents by Assuming Obligors, Asswning Obligors hereby specifically remake and reaffirm the representations, wammties and covenants set forth in the Mortgage and the Loan Agreement, and the lndemnitors remake and reaffirm the Indemnity Agreement and the Environmental Indemnity Agreement. (i) To the best of Assuming Obligors knowledge, no representation or warranty of Assuming Obligors made in this Agreement contains any untrue stateroent of material fact or omits to state a material fact necessary in order to make such representations and warranties not misleading in light of the circumstances under which they are made. (j) Assuming Borrower hereby represents and warrants to Lender that Assuming Borrower will not permit the transfer of any interest in Assuming Borrower to any person or entity (or any beneficial owner of such entity) who is listed on the specifically Designated Nationals and Blocked PerSons List maintained by the Office of Foreign Asset Control, Department of the Treasury pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) ar,/or. any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of Office of Foreign Asset Control, Department of the Treasury or pursuant to any other applicable Executive Orders (such lists are collectively referred to as the ''OFAC Lists''). Assuming Borrower will not knowingly enter into a lease with any party who is listed on the OFAC Lists. Assuming Borrower shall immediately notify Lender if Asswning Borrower has knowledge that any member of beneficial owner of Assuming Borrower is listed on the OFAC Lists of (A) is indicted on or (B) arraigned and held over on charges involving money larmdering or predicate crimes to money laundering. Assuming Borrower shall inunediately notify Lender if Asswning Borrower knows that any tenant is listed on the OFAC Lists or (A) is convicted on, (B) pleads nolo contender to, (C) is indicted on or (D) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Assuming Borrower further represents and warrants to Lender that Asswning Borrower is currently not on the OFAC list. 15. Additional Representations, Warranties and Covenants of Original Obl!gors. As a condition ofthls Agreement, Original Obligors represent and warrant to Lender as follows: (a) Original Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of the State of W ashingtoJi. Original :Borrower has full power and authority to enter into and carry out the terms of this Agreement and to convey the Property and assign the Loan Docwnents. \3311297.9.BUSrnESs Page 17 ofJl Printed on 12/10/2008 7:33:28 AM Document: TDD MOD 2007.0418002266 I· Branch ;STK,User :8792 01·der: 208172333 Title Officer: 31 Comment Station Id ;IXNS 20070416002266.018 KING,WA (b) Virtu Empire Associates, LLC is a linrited liability company duly organized and validly existing in good standing under the laws of the State of Washington and is authorized to transact business as a foreign corporation in each jurisdiction in which such authorization is necessary for the operation of the business or properties of Original Borrower. Virtu Empire Associates, LLC is the sole Manager of Original Borrower and has full power and authority to enter into this Agreement as :-.1:anager on behalf of Original Borrower, and to execute this Agreement (c) Esch Indemnitor is a resident of the State of California and is legally competent to execute this Agreement and to ratify his obligations as contained in the Indemnity Agreement and Environmental Indemnity Agreement. · (d) This Agreement, the Sales Agreement and all other doC\lillents executed by Original Obligors in connection therewith, constitute legal, valid and binding obligations of Original Obligors enforceable in accordance wilh their respective terms. Neither the entry into nor the performance of and compliance with this Agreement, the Sales Agreement and all other documents executed by Original Obligors in connection therewith has resulted or will result in any violation of, or a conflict with or a default under, any judgrmmt, decree, order, mortgage, indenture, cootract, agreement or lease by which Original Obligors or any property of Original Obligors are bound or any statute, rule or regulation applicable to Original Obligors. (e) Original Obligors have not received any written notices from any governmental entity claiming that Original Obligors or the Property is not presently in compliance with any laws, ordinances, rules, and regulations bearing upon the use and operation of the Property, including, without limitetion, any notice relating to zoning laws or building code regulations. (f) The Certified Rent Roll provided to Lender of even date herewith, is a true, complete and accurate summary of all 1enant leases ("Tena11t Leases" or individually a "Tenant Lease") affecting the Property as of the date of this Agreement. Except as may be shown on the certified rent roll delivered at closing, no rent has been prepaid under any Tenant Lease except rent for the current month. Each Tenant Lease has been duly executed and delivered by, and, to the knowledge of Original Obligors, is a binding obligation of, the respective tenant, and each Tenant Lease is in full force and effect. Each Tenant Lease is fully and freely assignable by the landlord without notice to or the conseot of the tenmit thereunder. (g) Original Borrower is the current owner of the Property. There are no pending or, to Original Obligors' Jmowledge, lhreatened suits, judgments, arbitration proceeding, administrative claims, executions or other legal or equitable actions or proceedings against Original Obligors or the Property, or any pending or, to Original Obligors' knowledge, threatened condemnation or annexation proceedings affecting the Property, or any agreements to convey any portion of the Property, or any rights thereto, not disclosed in this Agreement, including, without limitation to any governmen1al agency. (h) No representation or warranty of Original · Obligors made in this Agreement contains any \Dltrue statement of material fact or· ontlts to state a material fact 13311297,9.BUSINESS Page 18of31 Printed on 12/10/2008 7:33:28 AM Document; TDD MOD 2007.0418002266 I . Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :!XNS 20070418002266.019 KING,WA necessary in order to make such representations and warranties not misleading in light of the circumstances under which they are made. 16. Incorporation of Recitals. Each of the Recitals set forth above in this Agreement are incorporated herein and made a part hereof. 17. Property Remains as Security for Lender. All of the Mortgaged Property as described and defined in the Mortgage shall remain in all respects subject to the lien, charge or encumbrance of the Mortgage, and, except as expressly set forth herein, nothing herein contained and nothing done pursuant hereto shall affect or be construed to release or affect the liability of any party or parties who may now or hereafter be liable under or on account of the Note or the Mortgage, nor shall anything herein contained or done in pursuance hereof affect or be construed to affect any other security for the Note, if any, held by Lender. 18. No Waiver by Lender. Nothing contained herein shall be deemed a waiver of any of Lender's rights or remedies under any of the Loan Documents, ornnder applicable law. 19. References. From and after the date hereof: (a) references in any of the Loan Documents to any of the other Loan Documents will be deemed to be references to such of the Loan Documents as modified by this Agreement; (b} references in the Loan Documents to Borrower or Mortgagor shall hereafter be deemed to refer to Assuming Borrower; (c) references in the Indemnity Agreement, Enviromnental Indemnity Agreement and the other Loan Documents to the Guarantor, Inderr.nitor or Principal shall hereafter be deemed to refer to Indemnitor; and (d) all references to the term ''Loan Documents" in the Mortgage and Assignment of Rents shall hereinafter refer to the Loan Documents referred to herein, this Agreement, and all documents executed in connection with Agreement. 20. Relationship with Loan Documents. To the extent that this Agreement is inconsistent with the Loan Documents, this Agreement will control and the Loan Documents will be deemed to be amended hereby. Except as amended hereby, the Loan Documents shall remain unchanged and in full force and effect 21. Captions. The headings to the Sections of this Agreement have been inserted for convenience of reference only and shall in no way modify or restrict any provisions hereof or be used to construe any such provisions. 22. Partial Invalidity. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement. 23. Entire Agreement. Thia Agreement and the documents contemplated to be executed herewith constitutes the entire agreement among the parties hereto with respect to the assumption of the Loan and shall not be a.'!lended unless such amendment is in writing and executed by each of the parties. The Agreement supersedes all prior negotiations regarding the subject matter hereof. This Agreement and the Loan Documents may not be amended, revised, waived, discharged, released or terrnin&te<l orally, but only by a written instrument or l3Jl 1297.9.BUSINESS Page 19 of3l Printed on 12/10/2008 7:33:29 AM Document: mo MOD 2007 .0418002266 Branch :STK,User :8792 Order: 208172333 T:tle Officer: 31 Comment: Station Id :lXNS 20070418002266,020 KING,WA instruments executed by the party against which enforcement of the amendment, revision, waiver, discharge, release or termination is asserted. Any alleged amendment, revision, waiver, discharge, release or termination which is not so docwnented shall not be effective as to any party. 24. Binding Effect. This Agreement and the documents contemplated to be executed in connection herewith shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, ·however, that the foregoing provisions of this Section shall not be deemed to be a consent by Lender to any further sale, conveyance, assignment or transfer of the Property by Assuming Borrower. 25. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which will be an original, but all of which, taken together, will constitute one and the same Agreement. 26. Governing Law. This Agreement shali be governed by and construed in accordance w:ith the laws of the State where the Property is located. 27. Effective Date. This Agreement shall be effective as of the date of its execution by the parties hereto and thereupon is incorporated into the terms of the Loan Documents. 28. Time of Essence. Time is of the essence with respect to all provisions of this Agreement 29. Cumulative Remedies. All remedies contained in this Agreement are cumulative and Lender shall also have all other remedies provided at law and in equity or in the Mortgage and other Loan Documents. Such remedies may be pursued separately, successively or concurrently at the sole subjective direction of Lender and may be exercised in any order and as often as occasion therefor shall arise. 30. Construction. Each party hereto acknowledges that it has participated in the negotiation of this Agreement and that no provision shall be construed against or interpreted to the disadvanlage of any party. Assuming Obligors and Original Obligors have bad sufficient time to review this Agreement, have been represented by legal counsel at all times, have entered into this Agreement voluntarily and without fraud, duress, undue influence or coercion of any kind. No representations or warranties have been made by Lender tc any party except as set forth in this Agreement. 31. WAIVER OF JURY TRIAL. ORIGINAL OBLIGORS, ASSUMING OBLIGORS AND LENDER, TO THE FULL EXTENT PERMITTED BY LAW, HEREBY KNOWINGLY, INTENTlONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT COUNSEL, WAIVE, RELINQUISH AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THE LOAN DOCUMENTS OR THIS AGREEMENT. [REMAINDER OF PAGE INTENTIONALLY LEFf BLANK] 1331 l297.9.BVSJN&SS Page20 of31 Printed on 12/10/2008 7:33:29 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS KING,WA Document: TDD MOD 2007.0418002266 20070418002266.021 IN WI1NESS WHEREOF, the parties hereto have caused this Loan Assumption and Substitution Agreement to be duly executed by their duly authorized representatives as of the dat'e above written. ASSUMING BORROWER: AGNIRTU SUNSET VJEW, L.L.C., a Delaware limited liability company By; AG Asset Manager, Inc., a Delaware corporation lts: Menagn J.. ~~~~,~~ VICE PRESIDEN I ·,,~. ,. Page 21 of31 Prbted on 12/10/2008 7:33:29 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20070418002266.022 KING,WA STATE OF NEW YORK. COUNTY OF NEW YORK. ) ) SS: ) . Before me, a Notary Public in and for said state, personally appearod :ftcul.r,,.1 ,la wloS the I/,', , Pte:1,'rlgJ/,f AO Asset Manager, Inc., the manager of AONirtu Sunset View, L.L.C., who acknowledges that \:V , did sign the forgoing instrument ~s capacity as \(ir _, ~'>i d.eV\'1--of AO Asset Manager, Inc., and that the same is "<;, free act and deed this ~'day of March, 2007. yJ~~ Nbtary Public ~ Commission Expiration: I O ?.:> Q-9 I D Page 22 of31 KATHERINE ADAMS Notary Public, stiite'>f Now .YQIII . No. 01AD6<15.42n .... , ,· QuaHfied In Klrill~ ~ -· · .. CommlHlon Expire• Q<:I. 23..[W1Q :-:.-~... ·' "~ ·· .... Printed on 12/10/2008 7:33:29 AM Document: TDD MOD 2007 .0418002266 Branch :STK,User :8792 KING,WA Document: TDD MOD 2007.0418002266 OlUGlNAL BORROWER: Order: 208172333 Title Officer: 31 Comment: Station [d :IXNS 20070418002266.023 V.E.E. ASSOCIATES, L.L.C, a Washington linited liability company By:Virtu Empire Associates, L.L.C., a Washington limited liability company~ its Manager By:Virtu Empire Manager, Inc., a Washington corporation, its Manager By: Virtu Investments, L.L.C., an Arizona limited liability company, its sole shareholder By: V.E.E. Manager, Inc., a Washington corporation, its Member and Manager By: Virtu Investments, L.L.C., an Arizona limited liability company, its sole shar By=----~f--,L----- Name:. _ _,,.,.,,.__,,,,,.""".i:.;..-""""'Ol<L~~ Title:_~M,'--"""""'"""'lfo"'··~')'>-'""""1==b::t::'.='-- Page 23 of3 l Printed on 12/10/2008 7:33:29 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.024 ALL-PURPOSE ACKNOWLEDGMENT KING,WA State of California } County Of --~="'=-'"=='=='-----ss .. -"""' :!'t:l',V\US.,,., On !,:\Q.vt,1-\ "2.1 ~o J (O,l;l'Ef before me, ---~==w,e,""-'l,., . .,;Lea' ae\:N=' ------cNor.u:n personally appeared _____ __.V,,:s,,,QIA=oe\=___,,(,,,'"v"':tt,l'.'.)"le!~------------ sioN6R($) D personally known to me • OR - ~a EI.AINEY.cHUI ~ -ll) Coom.11475004 I.II N~::a.LlfOR!ll.l,-~ .... --~·""t [t proved to me on the basis of satisfactory evidence to be the person~) whose name</, is,'are subscribed to the within instrument and acknowledged to me that he}shefthey executed the same in his/fl.e1/tlrch authorized capacity~), and that by his;her/their signatures(,'! on the instrument the person/~). or the entity upon behalf of which the personW acted, executed the mstrument. ---------OPTIONAL INFORMATIONI---------- The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment m an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D 1NDIVIOUAL D CORPORATE OFFICER D PARTNER(S) D A'ITORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OI'HER: ------,,,"'-=----- SIGNER IS REP EN'l'lNG, NAM£ OF PERSON(S) OR El'fl'ITY{I~ DESCRIPTION OF ATIACHED DOCUMENT ~ ?::OF DOCUMENT ./ NUMBER OF PAGES DATE OF DOCUMENT RIGliT THUMBPRINT OF SIGNER OTHER i I .. , VALLEY-SIERRA, 800-362-3369 Page 24 of3 I Prmted on 12/10/2008 7:33:29 AM Document: TDD MOD 2007 .0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 3 I Comment: Station Id :IXNS 20070418002266.025 ALL-PURPOSE ACKNOWLEDGMENT KING,WA State of California } --~~·~ ss. County of ---2.••.y1 'n-,,."'-r,,,Sa;, before me, ----.....c~c....c~;,,._=~Y..,,. ,;,L""'I-\,_,_;'°"'' ------(NOrARY} personally appeared -----~N-'"'~cy,o,=,,,,.<_\"-..,,G,.,., .. '--1:e,.<WJ"'°';------------s1GN~ 0 personally known to me • OR -llJ proved to me on the basis of satisfactory evidence to be the person(,p whose name(;s') isJa,,e subscribed to the within instrument and acknowledged to me that he,lal,e 14laS¥ executed the same in his/-aer/Uu;il' authorized capacity(,i.d), and that by hisfltet/tlie!r signaturesV') on the instrument the person~. or the entity upon behalf of which the pcrson(ri acted, executed the instrument. ---------OPTIONAL INFORMATION--------- The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl· edgment co an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) 0 iNDlVIDUAL D CORPORATE OFFICER D PARTNER(S) D ATI'ORNEY-!N,fACT D TRUSTEE($) D G<JARDIAN/CONSERVATOR D orHER; -----;r"----- DESCRIPTION OF ATTACHE DOCUMENT OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIG FIT TfiUMBPRINT OF SIGNER APA'j/fJ9 VALLEiY-SIBRRA, SQ0.362""3369 Page 25 of31 Printed on 12/10/2008 7:33:30 AM Document: TDD MOD 2007 .04 I 8002266 Branch :STK,User :8792 KTNG,WA Document: TDD MOD 2007.0418002266 Order: 208172333 Title Officer: 31 Comment; Station Id :IXNS 20070418002266.026 INDEMNITORS: MICHAE~ SCOTT MCWHORTER, INDNIDUAL Signature Puge -loan AsnunptioD and Substitution Apcement Page 26 of 31 Printed on 12/10/2008 7:33:30 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20070418002266.027 KING,WA ALL-PURPOSE ACKNOWLEDGMENT State ofCalifonua } ----"""'--'-'""-'<!:. """'-""'----~· ss. County of >,.,a :t\n;M C-\ Hi:, before me, ----'-'E""-'!cu.,~=--y.,_,,,,,L""'--1-\.w=,.· ____ _ ""''""'' personally appeared _______ _JN.c:,,;QJ,;,),,,,..g.,e.\"---"~;,:;g;,:;y,c • .,=--._,_ __________ _ O personally known to me -OR - -IJ) comm. 11478004 M ~~ EtAINEY.l.HUI ~ JIOD.RY PI/IILJ(:.CIJ.IFOIUM U/ ~ S.llWllol) C.lr -»ii Cw\ ErplM MAl!.ft,2M T f{J' proved to me on the basis of satisfactory evidence to be the person¢,! whose name(~ is/Me subscribed to the within instrument and acknowledged to me that he,'she/'.lie,• executed the same in his/.ll.er/tl,,oir authorized capacity(ip), and that by his/her/theh signatures~ on the instrument the person($), or the entity upon behalf of which the person(/) acted, executed the instrument. WITNESS ---------OPTIONAL INFORMATION--------- The informetion below is not required by law. However, it could prevent fraudulent attachment ofth?s ackn1>wl- edgment to an unauthorized document. · CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFtCER D PAR'l'NER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) T"""" D OUARDlAN/CONSERVATOR D OTHER: ------+'----- DESCRIPTION OF ATTACHED NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APAS/l9 VALLEY-SERRA, S00-362-3369 NT Page 27 of31 Printed on 12/10/2008 7:33:30 AM Document: TDD MOD 2007 .D4 JSD02266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.028 KING,WA ALL-PURPOSE ACKNOWLEDGMENT State of California } :-,....a....=m=...__ ss. County of _$ .. n :tizM95rr, On Mo,,rc.M '2.-l, 'l-oc1 before me, 6'.(Q.W)(. 'r'. L. ~ (114.TE) lNOfUY) personally appeared ------~$..,,..,,-,,u.t\:~_,\vl=~",W~hn:¥':,_V'::,:+<X""---------- s10NER<S:1 D personally !mown to me -OR -itf .proved to me on the basis of satisfactory evidence to be the person'31 whose name~ istare subscribed to the within instrument and acknowledged to me that he,lshe,4h.,. executed the same in his/Rer/.theh authorized capacity(j.e1), and that by his/ber/tkeir signatures~ on the instrument the person(,'.), or the entity upon behalf of which the person}') acted, executed the instrument. WITNESS my hand and official seal . .. ---------OPTIONAL INFORMATI N--------- The infonnarion below is not required by law. However, it could prev nt fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED llY SIGNER (PRINCIPAL) 0 INDIVJOUAL D CORPORATB Of'l'ICER 0 PARTNER(S) D ATIORNEY-IN-FACT D TRUSTEE(S) D GUARD!AfflC()NSBRVATOR D OTiiBR, ____ --;,.-<----- SIGNER IS REP, ESENTING: NAMBOF PERSON(~) OR EN'TTt'Y(ll!S) NUMBER OF PAGES DATE OF DOCUMENT RlGH1' THUMBPRINT OF SIONER OTIIBR VALLEY-SIERRA. 800-362-:n69 CUMENT Page 28 of3 l Printed on 12/10/2008 7:33:30 AM Document: TDD MOD 2007.0418002266 • I i • Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002266.029 KfNG,WA LENDER: STATE OF NORTil CAROLINA ) LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-2 By: Wachovia Bank, National, solely in it! capacity as Master Servicer, as authorized under that certain Pooling and Servicing Agreement dated as of JiJne 1,2006 d/ By AJd~ Name'. (};al &ecn.:..U. Title: . «;,,, ,{-,.,,,1....r ' COUNTY OF/)1..tddwi"7' \ ss. On /rvMd.. ,,1../ , 2007, before me, t;M,;,~ {b.MU a No/aiy Public in and for the State of North Ca]olina, personally appearedtli£ /Ji ~o is the 1/Jl.'I' P/"1!1,$. , of '011ttkv?,i b')personallyknown to me (or proved to me on the basis of satisfaetory evidence) to be the person whose name is subscribed to the within ins1rUment and acknowledged to me that. he/she executed the same in his/her authorized capacity, and that by his/her signature on the instnlment the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My Commission Expires: Page 29 of3! (I JANET GARNER NOTARY PUBLIC GASTON COUNTY. N. C. My °"""""" ~ -'Z1, 2010 Printed on 12/10/2008 7:33:31 AM Document: TDD MOD 2007 .0418002266 .. Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :!XNS 20070418002266.030 KING,WA PARCEL A: EXHIBIT A (Legal Description) 1HAT PORTION OF TI!E CHARLES E. BROWNELL DONATION LAND CLAIM. DESIGNATED AS CLAIM NO. 41 AND BEING PARTS OF SECTIONS 13 AND 14, TOWNSHIP 23 NORlH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTIIEAST COR1'1lR OF THE NORTH 1,510.74 FEET OF SAID DONATION LAND CLAIM NO. 41; lHENCE NORTH 88°37'10" WEST ALONG THE SOUTH LINE OF SAID NORTH 1,510.74 FEET, A DISTANCE OF 1,430.34 FEET, TO THE SOUTHWEST CORNER OF A PARCEL KNO~ AS THE GUION MALLORY TRACT AS DESCRIBED lN A PARTffiON DEED RECORDED NOVEMBER 15, 1920 UNDER AUDITOR'S FILE NO. 1468198, RECORDS OF KING COUNTY, THENCE NORTH 01 "25'40" EAST ALONG THE WESTERLY LINE OF SAID MALLORY TRACT, 418.19 FEET, MORE OR LESS, TO A POINT LYING 300.00 FEET SOUTHERLY OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE SOUTHERLY RIGHT OF WAY LINE OF MARTIN LUTHER KING, JR., WAY SOUTH, ALSO KNOWN AS STATE SIGN ROIITE 900 (FORMERLY KNOWN AS EMPIRE WAY SOUTH OR STATE ROAD NO. 2); THENCE SOUTH 88°34'20" EAST, 50.00 FEET; THENCE NORTH 01 '25' 40" EAST, 279.45 FEET, MORE OR LESS, TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT OF WAY LINE OF MARTIN LUTHER KING, JR. WAY SOUTH; THENCE SOUTH 66°13 '31" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S80.78 FEET; THENCE NORTH 23'46'29" EAST ALONG SAID RIGHT OF WAY LJNE, 10 FEET; THENCE SOUTH 66°13'31" EAST ALONG SAID RIGHT OF WAY LINE, 39.30 FEET, TOTHEPOINTOFBEGJ.NNING OF ACURVETOTHELEFTHAVJNGARADIUS OF 1,492.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 1,492.50 FOOT RADIUS CURVE, TIIROUGH A CENTRAL ANGLE OF 20"25'48", AN ARC DISTANCE OF 532.18 FEET (I'HE CHORD OF SAID ARC BEARS SOUTH 76°26'25" EAST, 529.37 FEET); THENCE LEAVING SAID ARC RADIALLY, SOUTH 03°20'4 l" WEST ALONG SAID RIGHT OF WAY LINE, 65.00 FEET, TO A POINT ON A CURVE LYING CONCAVE TO THE NORTH, BEING CONCENTRJC WlTH THE PREVIOUSLY DEFOOD ARC, HA YING A RADIUS OF 1,557.50 FEET; THENCE EASTERLY ALONG THE ARC OF SAID 1,557.50 FOOT R.ADTIJS CURVE, THROUGH A CENTRAL ANGLE OF 09°06'12", AN ARC DISTANCE OF 247.46 FEET (THE CHORD OF SAID ARC BEARS NORTH 88°47'35" EAST, 247.20 FEE'Ij, TO A POINT OF TANGENCY; THENCE NORTH 84°14'29" EAST ALONG SAID TANGENT AND SAID RIGHT OF Page 30 of JI Document: TDD MOD 2007 .0418002266 Printed on 12/10/2008 7:33:31 AM .. Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment; WAY LINE, 41.04 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID DONATION LAND CLATh:C 'lO. 41; THENCE SOlITH 0!"25'40"WEST, 310.22 FEET TO THE POINT OF BEGINNING. PARCELB: AN EASEMENT FOR DRJYEW AY AND INGRESS AND EGRESS AS DESCRIBED lN JNSTRUMBNT RECORDED UNDER RECORDING NO. 9009191190. Station Id :IXNS 20070418002266.031 KING,WA Page31 of3l Printed on 12/10/2008 7:33:31 AM Document: TDD MOD 2007.0418002266 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001371.001 RECORDING REQUESTED BY MD WHEN RECORDED MAIL TO: 11\UUlltJIII sTEll<IRI rnu: ASNR 41.1• Sills Currlmi!i Ej:Mein & Gtoss P :c. One Riverfront Plaza Newark, NJ 07102 Attention: Jacqueline Cichoracki PAGHI DI' 111 12/l!IZ/2:tleB t-4: t9 klNG COIJKTY, IJA ASSIGNMENT OF LEASES AND RENTS KING,WA Grnotor: · Grantees: Legal Descriptioo: Abbre,iated: Full: Tax Parcel Identification No.: lt%722l -AOL-Sunset View (WA) Document: ASR 2005.1202001371 ' V.E.E. ASSOCIATES, L.L.C., S1 EWART TITL.l;... ;}::,'f/.2315) ([S:.) a Washington limited Uability company Countrywide Commercial Real Estate Finance, Inc., a California corporation (beneficiary) Stewart Title Company, a Washington corporation (trustee) PTN OF C.E. BROWNELL DLC NO. 41 See Exhibit A attached hereto. 0001400009 Page 1 of 10 Printed on 12/10/2008 7:33:21 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: . Station Id :IXNS 20051202001371.002 KJNG,WA ASSIGNMENT OF LEASES AND RENTS TIIIS ASSIGNMENT OF LEASES AND RENTS (as amended, modified and in effect from time to time, this "Assignment") is made as of December 2, 2005, by V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company ("Assignor") in favor of COUI\TRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California corporation (together with its successors and assigns, "Assignee"). RECITALS A. Pun;uant to that cortain Loan Agreement dated as of the date hereof by and .between Assignor and Assignee (as amended, modified and supplemented and in effect from time to time, the ·~Loan Agreement"), Assignee is making the Loan to Assignor which is evidenced by the Note and secured by, among other things, the Deed of Trust on Assignor's interest in the real property described on Exhibit A attached hereto and the Property. B. Assignor intends by the execution and delivery of this Assignment to further socure the payment and performance of the Loan Obligations (as such term is defined in the Deed of Trust). NOW, THEREFORE, in consideration of the premises and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Certain Defined Terms. For all purposes of this Assignment, all capitalized terms shall have the meaning ascribed thereto in the Loan Agreement unless defmed herein, and; "·Leases'' means all leases and other agreements or arrangements affecting the use or occupancy of all or any portion of the Property now in effect or hereafter entered into (including, without limitation, all lettings, subleases, licenses, concessions, tenancies and other occupancy agreements covering or encumbering all or any portion of the Property)1 together with any guara."llees, supplements, amendments, modifications, extensions and renewals of the same, and all additional re:nainders 1 reversions, and other rights and estates appurtenant thereto. "Rents" means, with respect to the Property, all rents (whether denoted as advance rent, minimurn rent, percentage rent, additional rent or otherwise), receipts, issues 1 income, royalties, profits, revenues, proceeds, bonuses, deposits (whether denoted as security deposits or otherwise), lease termination fees or payments, rejection damages, buy-out fees and any other fees made or to be made in lieu of rent, any award made hereafter to Assignor in any court proceeding involving any tenant, lessee, licensee or concessionaire under any of the Leases in any bankruptcy, insolvency or reorganization proceedings in any state or federal U967l21-AOL-Sunset Vlew(WA) Page 2 of 10 Printed on 12/10/2008 7:33:21 AM Document: ASR 2005.1202001371 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001371.003 KJNG,WA court, and all other payments, rights and benefits of whatever nature from time to t_ime due under any of the Leases. 2. Assignment of Leases and Rents. Assignor hereby absolutely and unconditionally assigns to Assignee a!! of Assignor's right, title and interest in all current and future Leases and Rents, it being 'ntendcd that this Assignment constitute a presen~ absolute assignment and not an assignment for additional security only. This Section 2 presently gives Assignee the right to collect Rents and to apply Rents in partial payment of the Loan Obligations in accordance with the Loan Agreement. Assignor intends that the Rents and Leases be absolutely assigned and no longer be, during the tenn of this Assignment, property of Assignor or Assignor's estate, as defined by 11 U.S.C. §541. If any law exists requiring Assignee to take actual possession of the Property (or some action equivalent to taking possession of the Property, such as securing the appointment of a receiver) for Assignee to "perfect" or 1'activate"' the rights and remedies of Assignee as provided in this Section 2, Assignor waives the benefit of such law. Such assignment to Assignee shall not be construed to bind Assignee to perform of any covenar.ts, conditions or provisions contained in any Lease or otherwise impose any obligation upon Assignee, and notwithstanding this Assignment, Assignor shall remain liable for any obligations underta,cen by Assignor pursuant to any Lease. Subject to the terms of this Section 2 and the Loan Agreement, Assignee grants to Assignor a license, revocable as hereinafter provided, to operate and manage the Property and to collect and use the Rents. Ifan Event of Default occurs (except, for any Event of Default described in Section 8.1 ffi of the Loan Agreement, for which the revocation hereinafter described shall be automatic and simultaneous with the occurrence of any such Event of Default), the license granted to Assignor herein may, at Assignee's election, be revoked by Assignee, lL'>d Assignee shall immediately be entitled to possession of all Rents collected thereafter (including Rents past due and unpaid) whether or not Assignee enters upon or takes control of the Property. Any Rents collected by Assignor from and after tl1e date on which an Event of Default occurred and is continuing shall be held by Assignor in trust for Assignee. Assignor hereby grants and assigns to Assignee the right, at Assignee's option? upon revocation of the license granted herein, to enter upon the P:-operty in person~ by agent or by court appointed receiver to collect Rents witl! or without taking the actual possession of the Property or any equivalent action. Assignee may apply any Rents collected after the license granted herein is revoked in Assignee's sole and absolute discretion to pay the Loan Obligations in such order and in such manner as Assignee shall elect in Assignee's discretion. 3. Remedies. At any time after the occurrence and during the continuance of an Event of Default, Assignee, witho·Jt waiving such Event of Default, at its option, upon notice and without regard to the adequacy of the security for the Loan Obligations, either in person or by agerit, upon bringing any action or proceeding, by a receiver appointed by a court 1 or otherwise, may take possession of the Property and have, hold, manage, ]ease and Operate the same on such terms and for such period of time as Assignee may deem proper. Assignee shall immediately be entitled to possession of all security deposits held with respect to the Property, whether or not Assignee enters upon or takes control of the Property and 2 #96n2J-AOL. Sunset View (WA) Page3 oflO Printed on 12/l0/2008 7:33:21 AM Document: ASR 2005.12020013 71 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id : JXNS 20051202001371.004 K!NG,WA regardless of where any such security deposits are deposi1ed or located. Assignee, either with or without taking possession of the Property in its own name, may demand, sue for or otherwise collect and receive all Rents, including Rents past due and unpaid, and apply such Rents to pay any one or more of the following in such order and amounts as Assignee may elect in its sole and absolute discretion: (a) all costs and expenses incurred, and advances made, by Assignee or Deed of Trust Trnstee, as the case may be, to enforce this Assignment or the other Loan Documents, protect the Lien and security afforded thereby, or preserve the Property, including, without limitation, all expenses of managing the Property, including, without limitation, the salaries, fees and wages of any managing agent and such other employees as Assignee may deem necessary and all expenses of operating and maintaining the Property, including, without limitation, all taxes~ charges, claims, assessments, water rents, sewer rents and any other liens, and premiums for insurance and the cost of alterations, renovations, repairs or replacements, and all costs and expenses incident to taking and retaining possession of the Property or enforcing any of Assignee's rights and remedies hereunder; and (b) the Loan Obligations, together with all costs, expenses and attorneys' fees in connection with any of the foregoing. Neither Assignee's exercise of the option granted to Assignee in this Section 3 nor the collection or application of Rents as herein provided shall be considered a waiver of any Event of Default. Assignor agrees that the exercise by Assignee of one or more of its rights and remedies under this Assignment shall in no way be deemed or construed to make Assignee a mortgagee-in-possession. 4. Notices. All notices, demands, consents, requests or other communications that are permitted or required to be given by Assignor or Assignee to the other shall be in writing and given in the manner specified in the Loan Agreement. 5. Binding Obligations. The provisions and covenants of this Assignment shall run with the Property, shall be binding upon Assignor, its successors and assigns, and shall inure to the benefit of Assignee, its successors and assigns. 6. Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties hereto and are not a part of this Assignment. 7. Severabi!ity. If any term or provision of this Assigrunent or the application thereof to any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Assignment, or the application of such term or provision to Persons or circumstances other than those as to which it is invalid ·or wienforceable, shall not be affected thereby, and each term and provision of this Assignment shall be valid and enforceable to the maximum extent permitted by law. 8. Assignor's Obligations Absolute. Except as set forth to the contrary herein or in the other Loan Documents, all sums payable by Assignor hereunder shall be paid without notice, demand, counterclaim (other than mandatory counterclaims), setotT, deduction or defense and without abatement, suspension, deferment, diminution or reduction. Except as expressly provided herein, Assignor waives all rights now or hereafter conferred by statute or 3 #96722l-A0L·S1mS'11'\ Vle\V0HA) Page 4 of 10 Printed on 12/10/2008 7:33:21 AM Document: ASR 2005.120200137! Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: · Station Id :IXNS 20051202001371.005 KING,WA otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Assignor. 9. Amendments. This Assignment cannot be modified, changed or discharged except by an agreement in writing, duly acknowledged :n form for recording, executed by Assignor and Assignee. 10. Exhibits. The infonnation set forth on the cover, heading and recitals hereof, and the Exhibit attached hereto, are hereby incorporated herein as a part of this Assignment with the same effect as if set forth in the body hereof. 11. Time of the Essence. Time is of the essence with respect to each and every covenant, agreement and obligation of Assignor under this Assignment. 12. Termination. When the Deed of Trust has been fully reconveyed or released by Assignee, that reconveyance or release shall operate as a release and discharge of this Assignment and as a reassignment of all future Leases and all Rents with respect to the Property to the Person or Persons legally entitled thereto, unless such reconveyance or release expressly provides to the contrary. 13. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the state in which the Property is located. 14. Exculpation. This AssigIL"tlent is and shall be subject to the exculpation provisions of Section 17 of the Note. 15. Further Assurances. Assignor agrees that to further evidence and reflect the assignment granted herein, Assignor shall execute, acknowledge and deliver to Assignee such additional documents, instruments and agreements 1 in form and substance satisfactory to Assignee, as may hereafter be reasonably requested by Assignee, and Assignor shall record such thereof, all at Assignor's expense. [Signature on the following page] 4 #967221-AOL. Sunset View (WA) Page 5 of IO Printed on 12/10/2008 7:33:22 AM Document: ASR 2005.1202001371 1 ' • • Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20051202001371.008 [N WITNESS WHEREOF, this Assigrunent of Leases and Rents has been duly executed and delivered as of the day and year first above written. K!NG,WA GRANTOR: V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company By: Virtu Empire Associates, L.L.C., By: a Washington limited liability company, its Manager By: Virtu Empire Manager, Inc., a Washington corporation, its Manager By: Vinu Investments, LL.C., an Arizona limited liability company, its sole shareholder By: ~P:3-- Scott McWJ1orter, Manager V.E,E. Manager, Inc., a Washington corporation, its Member and Manager By: Virtu Investments, L.L.C., By: an Arizona limited liability company, its sole shareholde Scott McWhorter, Manager Page6ofl0 Document: ASR 2005. )202001371 Printed on 12/10/2008 7:33:22 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20061202001371.007 KJNG,WA COUNTY OF ';?..."' M"''-''P-<l> ) ) ss. ) I certify that I know or have satisfactory evidence that SCOTT McWHORTER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated tl1at he was authorized to execute the instrument and acknowledged it as the Manager of VIRTU INVESTMENTS, L.L.C., an Arizona limited liability company, which limited liability company is the Sole Shareholder of VJRTU EMPIRE MANAGER, INC, a Washington corporation, which cmporation is the Manager of VIRTU EMPIRE ASSOCIATES, L.L.C., a Washington limited liability company, which limited liability company is the Manager of V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. ,!.@ ELAJNE Y. L. HUI ~ ;;; Comm.lWBD-04 " VI IIOlAAl r'CIU·CAI.FCfllllA 111 1 s,~f11-~CM1r - Mr Cc-.&,.., w.R..J\,200& 1 11%7221 v4 (S;gna~ 'VC\,\YI', 'l.1.. ~ (Please prinl name legibly) NOTARY PUBUC in and for the State of D,..\~~y.Lo.. ,re~dingat ~~,.,.fuvi4>L,l:) My commission expires """D"""CN\ '.+\, ?,po~ Page 7 of 10 Printed on 12/10/2008 7:33:22 AM Document: ASR 2005.1202001371 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051202001371.008 KING,WA STATEOF Qi:...\;9r,,,o,~~ COUNTY OF S...,1 fu..,C.:,.,_,, ) ) ss. ) I certify that I know or have satisfactory evidence that SCOTI McWHORTER is the person who appeared before me, and said person acknowledged that he signed this instrument,. on oath stated that he was authorized to e){ecute the instrument and acknowledged it as the Manager of VIRTU INVESTMENTS, L.L.C., an Arizona limited liability company, which limited liability company is the Sole Shareholder of V.E.E. MANAGER, INC., a Washington corporation, which corporation is the Member and Manager of V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. li967221 v4 (Signature (Please print name legib[y) NOTARY PUBLIC in and for the State of (lw,.\'S,1 ,...:....,. , residing at ?I-OT!P,nc.\5,£4) My commission expires HC&:::c \o '°l. \ ~ ' Page 8 of 10 Printed on 12/10/2008 7:33:22 AM Document: ASR2005.1202001371 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment; Station Id :IXNS 20051202001371.009 EXHIBIT A #96721! .,,4 KING,WA Page 9 of IO Printed on 12/10/2008 7:33:22 AM Document: ASR 2005.1202001371 ., Branch :STK,User :8792 K!NG,WA Order: 208172333 Title Officer: 31 Comment: Station Id :JXNS 20061202001371.010 PARCEL A: THAT PORTION OF THE CHARLES E BROWNELL DONATION LAND CLAIM, DESIGNATED AS CLAIM NO. 41 AND BEING PARTS OF SECTIONS 13 AND 14, TOWNSHIP 23 NORTH, RANGE 4 icAST W.M., IN KING COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 1,510.74 FEET OF SAID DONATION LAND CLAIM NO. 41; THENCE NORTH 86'37'10' WEST ALONG THE SOUTH LINE OF SAID NORTH 1,510.74 FEET, A DISTANCE OF 1,430.34 FEET, TO THE SOUTHWEST CORNER OFA PARCEL KNOWN AS THE GUION MALLORY TRACT AS DESCRIBED IN A PARTITION DEED RECORDED NOVEMBER 15, 1920 UNDER AUDITOR'S FILE NO. 1468198, RECORDS OF KING COUNTY, THENCE NORTH 01 '25'40' EAST ALONG THE WESTERLY LINE OF SAID MALLORYTIRACT, 418.19 FEET, MORE OR LESS, TOA POINT LYING 300.00 FEET SOUTHERLY OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE SOUTHERLY RIGHT OF WAY LINE OF MARTIN LUTHER KING, JR., WAY SOUTH, ALSO KNOWN AS STATE SIGN ROUTE 900 (FORMERLY KNOWN AS EMPIRE WAY SOL/TH OR STATE ROAD NO, 2); THENCE SOUTH 88'34'20' EAST, o0,00 FEET; THENCE NORTH 01 '25'40" EAST, 279.45 FEET, MORE OR LESS, TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT OF WAY LI NE OF MARTIN LUTHER KING, JR. WAY SOUTH; THENCE SOUTH 66"13'31' EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 560. 78 FEET; THENCE NORTH 23°46'29' EAST.ALONG SAID RIGHT OF WAY LINE, 10 FEET; THENCE SOUTH 66'13'31' EAST ALONG SAID RIGHT OF WAY LINE, 39.30 FEET, TO THE POINT OF BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,492.50 FEET; THENCE SOLfTHEASTERLY ALONG THE ARC OF SAID 1,492.50 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 20°25'4B', AN ARC DISTANCE OF 532.18 FEET (THE CHORD OF SAJD ARC SEARS SOUTH 76"26'25' EAST, 529.37 FEET); THENCE LEAVING SAID ARC RADIALLY, SOUTH 03°20'41" WEST ALONG SAID RIGHT OF WAY LINE, 66.00 FEET, TO A POINT ON A CURVE LYING CONCAVE TO THE NORTH, BEING CONCENTRIC WITH THE PREVIOUSLY DEFINED ARC, HAVING A RADIUS OF 1,557.50 FEET; THENCE EASTERLY ALONG TliEARC OF SAID 1,557.50 FOOT RADIUS CURVE, THROUGH A CENTIRAL ANGLE OF 09°06'12', AN ARC DISTANCE OF 247.46 FEET (THE CHORD OF SAID ARC BEARS NORTH 86'47'35' EAST, 247.20 FEET), TO A POINT OF TANGENCY; THENCE NORTH 84°14'29' EAST ALONG SAID TANGENT AND SAID RIGHT OF WAY LINE, 41.04 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID DONATION lAND CLAIM NO. 41; THENCE SOUTH 01'25'40' WEST, 310.22 FEET TO TIHE POINT OF BEGINNING. PARCEL 8: AN EASEMENT FOR DRIVEWAY AND INGRESS AND EGRESS AS DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9009191190. Page JO of 10 Printed on 12/10/2008 7:33:22 AM Document: ASR 2005.1202001371 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20060814001411.001 KlNG,WA THIS DOCUMENT PREPARED BY AND UPON RECORDATION RETURN TO: VANESSA ORTA, ESQ. ANDERSON, McCOY & ORTA, P.C. l 00 North Broadway,' Suite 2600 Oklahoma City, Oklahoma 73102 AMO File No. 1209.042 4\37 Ol-2031 King County, Washington 2 11 0 · 1111111111111 SNO ~p0814001411 ~.,.Jfff OF 004 A 38,00 KOI8Nl4/280B 12:10 G CDUNfV , LIA ASSIGNMENT OF ASSIGNMENT OF LEASES AND RENTS ASSIGNOR: COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California corporation ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006- 2, COMMERCIAL MORTGAGE PASS-TI-fROUGH CERTJFICATES, SERIES 2006-2 LEGAL DESCRIPTION: 1. Abbreviated Legal Description: PTN OF C.E. BROWNELL DLC NO. 41 2, Additional Legal is on Exhibit A of document. REFERENCE NUMBER: Document Number 20051202001371 ASSESSOR'S PROPERTY TAX OR PARCEL ACCOUNT NUMBERS: 0001400009 Pagelof4 Printed on 12/10/2008 7:33:24 AM Document: ASR 2006.081400141 l • ' I Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station [d :[XNS 20060814001411.002 KING,WA ASSIGNMENT OF ASSIGNMENT OF LEASES AND RENTS KNOWTHAT COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC .• a California corporation, having an address of 4500 Park Granada, Calabasas, CA 91302, ("Assignor"), For valuable consideration paid by: LASALLE BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2, having an address of 135 S. LaSalle Street, Suite 1625, Chicago, IL 60603, ("Assignee"), the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby grant, bargain, sell, convey, assign, transfer, and s~t overJ without recourse, representation and warranty, except as set forth in that certain related Mortgage Loan Purchase Agreement all of Assignor's right, title and interest, of any kind whatsoever, including that of mortgagee, beneficiary, payee, assignee or secured ?•rty (as the case may be), in and to the following: Assignment of Leases and Rents ("Assignment of Leases") dated December 2, 2005 by V.E.E. Associates, L.L.C., a Washington limited liability company to Assignor and recorded Dece.'!lber 2, 2005, as Document Number 20051202001371, with the King County Recorder, Washington. TOGETHER with the bonds or notes or obligations described in said Assignment of Leases, and the moneys due and to grow due thereon with the interest, and any and all other related security instruments which secure the indebtedness and/or obligations secured by said Assignment of Leases. TO HA VE AND TO HOLD the same unto the Assignee and to the successors, legal representatives and assigns of the Assignee forever. IN WITNESS WHEREOF, the Assignor bas caused these presents to be effective as of June 22, 2006. (The remainder of this page has been intentionally left blank.) Page 2 of4 Printed on 12/10/2008 7:33:24 AM Document: ASR 2006.081400141 l Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20060814001411.003 KING.WA STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California -., By: f'2 ..-:::::::::::: 'A~~A. Marincas Title: Senior Vice President On the~ day of June, 2006, before me, Jacqueline S. Ensalaco, a Notary Public in and for said state, personally appeared, Marlyn A. Marincas, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the ins!rument the person, or the entity upon behalf of which the person acted, executed the instrument, and that such individual made such appearance before the undersigned, in the City of Calabasas, ColUlty of Los Angeles, California. WITNESS my hand and official seal. [SEAL] My Commission Expires: ~J.~ J acque!S.Ensalaco, Notary Public ~··-···-·-··· JACQU{UNE S, £'NSALACO -@ Commission# 1576870 f • Notory Pl.lb/IC -CCll~omla J L"OtAnqeiesCounry My Comm. El<plte,May 7,2009 Page 3 of4 Printed on 12/10/2008 7:33:24 AM Document: ASR 2006.0814001411 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :lXNS 20060814001411.004 K!NG,WA . ... . .· .. ·. . . ' ,.· E:XW\~\;.ft ... ··• PARCELA: . . THAT PoRnoNoF r~i: cHARLEs E; sRowt-iEaoow..r10N.~No:q..i\irvi, .. ·. :DESl(:JNATEDASCLAIM'NG. 41 AND.BEINGPART.SOFSECTIONS1;3AND 1<1;.. . ... . TOWNSHIP 23 NORTH, ·RANGE 4'EASTW:M., IN,l<ING COUNTY., WAS!,IINGJON'MORE, · PARTICULARLY DESCRI.BED•AS FOlWWS:. . . . . . . . . . . .. · ·BEGINNING:kr THE sd1JTHEASTCORNER oF iHi.':'N6RTH'1;5i0.74if'EEi',oF SAID· . ~e~:i~~~*~~t~~~ALCNG TH~ iol.l~HdN~~~k;ni~b~~ 1;sio:f4 FEET,,A DISTANCE Of . .t, 43Q,34•FEEJ, TO THESOUTtfWESTCORNER OF'A !;'ARCE~. '~J~o~D:rttv~:~~~~t~~:O\TN~f?fiifJg~~j~[~:Jt:1~?,:~~~Dcis ·•· · ••. · . OF KING COUNTY, l'HENCENORTH 01 '25'40" EASTA~ONG THEWES1ERLY;l1NE·0F •.. SAJD.MAlLORY.TRACT;418;1.9°FEET; MOREORLESS, 'fOAPOII\ITl.;YING.300'.00 · ... .'' .. · FEET SOUTHERLY'OF THE IN.'fERSECTION OFSAJD.W):STERLYLINEWITH'ThlE : · ,". ' . · ··soUTHERlY'RIGHT'Of'WAYJ:INE•OF,MARTJN:t.un,j~R.KING0cJR,i)i./AY.s6qi'H,;ii.j;So .. KNOWN.A? STAIE. SlG,!9[ROUT,E 900'(f!)RMERLY KNOWt'fAS'E;MPJRE; WAY'SOUTH: ORSTATE ROAttN0.:2);THE;NCE SOUTH B8'3<1;0' 1;AST;}O;,OQ'F.EE,"l'.;J1;i~CE ' ·· •... i NORTH 01'25'40','EAS'J', 279A5.'.FEET. ,MORE:ORtESS,TO AN ·INTERSECJJONWITl:f · SAlD.SOUTHERLYRIGl,fl"cOF. WAY.LINE OEMARTiN'LL/THER,Klli/13, jR,MJAY;,SOl/TH: ... THENCE SOL11'!'1f6~~'.3'.31'J:AS1\AL0NG SAID S019TJ:!E.RLY,RjGlof;f 6FWAY LINE, ... ;. . . . ,. ·5ao,78•FEET; · i .".:·. ':. ,. ''''c'· ....... :. i:: '.,. •.. i : ,: ·>. : ' .. '. >: · .. , .' .. ,.,. · ,·:<.''. •. ';. :,:,.:, ; . .-.. . ': THENCE.NORTH:23•46'29".'EASTALONG SAID RIGHT.0F'WAY:LINE;,1Q'FE!:::T; · , .. '.· · .:· . . ':. •THENCE SQU.Tfl 66°t3'.31'EAsT;ALqNG SAID ~JGHT op'WA'(LlNE;':3$i30'FEET; TO: . ·• . THE P.OINT OFElEGINNJNl3'0FA'CURVE.TO THE.LEFT,HAVING.Al!ADIUS':OF .1,492:50 ,. ,FEET;. . . .-.··· .. ;., .. , .. >:·.: · .. , , . .' · ·, ., .... : ·· ..... , .. .,., ·,·.· THENCE S0L;;i'HEASTERL'Y;ALONGTHE ARC'QF:SAID•:1;~92'50'.fObT.'.AADIUS· . · > · ,CURVE, THROLJGHICCENTRALANGLE·OF .20·2·s·45.•,,\AiN,ARCDIBTANCE .0F;i;s2,1a··· ..• FEET (THE CF.iORD OF SAID.ARC BEAR$SOUTH't,ek2e:25'jEASl\'.5;!9:3~·FEEi)v : ... ; •· . THENCE, LEAVING :SAID ·ARC .RADIALLY, /30UTH03~o·41:·wesr ALONG;SAI!, RIGl,IT '. Of WAY;!.lNE/6'5:00iFEET,TO:A,POINT.ON'.P.'(l,UIWE[YING Cc:iNCAVE·,TQ.;Ttl!=' : . , .· NORTH.,BE!NJ3; CONCENTRICWIJ/'HHE 'PflEVloµsL Y'DEF.INED)'\RC.;AAVING A· ·,. . . · RADIUS Of.'1,'557,,50,FEET;: THENCE:,EASTERL Y.ALONGTHE.ARC .. Of SAIQ 1;557:50 ·. FOOT RADIUS ClJRY.E,JHROl;iGHAQ.ENJRAL ANGLE OF-09"06't2',,AN)1RC . · · DISTANCE OF 247'4.6:F.Ef:T'(THE CHORD OF SAID ARC l3EARs·:NoRTH ~8'47'3&: . :EAST,247.20-FEE[J,;JOA.l"OINTOFTANGENCY; . '· ..... ·. : .', .. . ... ~~~ib;fF~~61t•it1~8Ji}~~~~s1~~16t~~:~~~tihiHci/;A~<'<Y DONATION-LAND,ClAIMN0,41;°'. ,· ' . . . . . . . . , · .. · . . . , .. ·.. . THENCE S0UTH01•25'40' WEST; 310.22 FEET TO THE• POINT. .OF' BEGINNIN.G. · :PARCELS: AN EASEMENTFORDRIVEWAYAN!:J INGRESS AND. EGRESS AS DESCRIBED IN'. · INSTRUMENT RECORDED.UNDER RECORDING NO. 9009191.190, . :.. ~ . Page4of4 Printed on 12/10/2008 7:33:24 AM Document: ASR2006.081400141 l Branch ;STK,User ;8792 Order: 208172333 Title Officer; 31 Comment Station Id :IXNS KING,WA 20051205002569.001 UCC FINANCING STATEMENT FOLLOW !"'8TRUCTIONS ront and Pi CAREFUL!. V A. NAME&. PHONE Of CONTACT AT'FILER [opl!o11J1IJ a, SENC ACKNOWLECGMENT TO: (Narna aiid Addr•aa) f;lls Cum mis. Epstein & Gross P.C. One Riverfront Plaza Newark, New Jersey 07102-5400 A:-tcntlon: Jai:q11clinc: Cichoracki 11111~111 111·-11·· 1111"1"1 2005120W0 2 ss {097200l J/056] ~J~t;;J JJYL~ UCC 34.ee 121e,1208!5 !,,12 K:S:NG COOOTY, IJA L _J TH! i\EIOVE &PACI!! IS FOR FILING OFFICE IJSE ONLY ' llil,'1~ i ,. " .. ,.,... c,rc • 1G. QRGM!IZATIQN'SN.'111',t1 V .E.E. ASSOCIATES, L.L.C. OR 10.UIOIVIOWJ.'SL.>'oQ1 MI\ME: FIRSTN/\Mi: IIICOLEIWl4i 1c. IIIAILING AOO~iSS OTI STATE 1.-vSTAL .....,.. .5973 Avenida Encinas,. #Z20 Carlsbrid CA 92008 i< I A001. . ,1 •• T'fPEOf:.OROAN:ZATlON ,,. jUl,;ISDIC.:TION OFORGANIZATIOt. 1p. OAQ,1,1,aZ,,TIONAL IO•, r ""I' 91-2087734 ~TION, limi1cd liability cornpr.r.y I Washingion I 602 093 7D3 HOD m l DEBTOR'S EXACT FULL Ll!IJAl. NAM!; ONA -l!IIPttonlyl!:1.I! debtor n~m& (2a ar2bl •don61tllbl,Mt.orDorillne namt1I '"-0~ OR 'lb. !NOMD\JM.'S LAST NAMT FIRSTNAMk: ~~~- 21;. MAIUOO.AOOAE.liS CCY ,,,,An;: 1 ...__,ALcocs 2d. lirflN1'i31!GIJOW!: I ACO'L INFO Re T 2a. TYPE Of ORGANIZATION 21 • .AIR:SOlc::llONOf OftGAttZATION '2t· ORGANIZ/iTIOt.'AL 1.11, I an\r ~~lb.TIONI I I 3. SE.CU R£0 PARTY'S f,,AA,E'-i,w..J:i.otTOTALASSK3NEEol'MiSJGNOR 5/Pl · inHllon)\'!l!lll 1ew1ed "arno(3;10f:lbl :!-L ORGAHIZATION'~ W.ME COUNTRYWJDE COMME:RCJAL RBAL ESTA TE HNANCE, INC. OR 3~.11'/0IVIOLIAL'SLMTMAME iFtRSTNA\E MIDlll.EN.\ME i $a. MAI..NGADOR.El>S = ,..... r;;~-· 4500 Park Granada ca1a·,asas CA 91302 Seo Exhibll B attachccl hcrmc. whilm said pl'Qpon)' l1 lo~~d on •he rca1 propcny dcscribod on Exhibil A machcd hercw mil made• pPC( hcroor. FILING OFFIC.I!! COPY -UCC FINANCING STATEMENT (FOR.M 'JCC1) ("EV. D5122f02) SELLERIBVYER ~ '"'"" -~"'"' USA n- ,-""' ""''"'" n,.... "'""' ,---.. , .. , USA Page I of3 Printed on 12/10/2008 7:33:23 AM Document: UCC 2005.1205002569 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id : IXNS KING,WA 20061205002569.0p2 . PARCELA:. · rnATPORTIONOF·THECHARLES E BROWNELLDONATION\.JiNcicLiliM, . DESIGNATED AS CLAIM NO .. 41 AND. BEING PARTS bF:SECTIONS :1-3 AND 14,. . . . · TOWNSHIP 23 NORTH, RANGE 4 EASTW.M.,dN KING COUNTY, WASHINGTON'MORE PARTICUl..ARLYDESCRIBED,AS'.FOlLOWS: . .. .. ·' · " ' . . . .· . ·. ·· . '' . ,'.":,: ;. -' .;.-.~:: ' ... · BEGlNNINGAT THE·~Q~;ra-JEAS.f CORNER OF ~ENORT:8 ~.,~::ro?1ierp OF SAID .• ~:tie~io~~8~~}~~~~TALONGTKESquT!'!ibNEOF;sA1ci,N6~i"H:1.51ci:74.·. FEET, ADISTANCE OF 1, 43.0.3/kFEET; TOTHE'SpUl'.HWESTiCORf\lEROFA'PAROEL . · KNO\>\IN.A$.THEGUION{v1ALLOF\Yi:RACT,AS:DESOR1BED !N,Af!AITTITION'DEED , • RECOR!)ED NOVEMBER j 5".c1920'lJ NDER AU D!TOR'S.iFILE_'NO, .146~1,9Bd'<ECORQS · · .' . : ·:OF KING ,c,oUNTY, :1'.H!,;N,CE 0NOfffr.l Ot~25'4Q' EAST iA!;Q!llG }J,l&:Wl=STER[Y,LINE'OF • SA1D .. MAU.OR'l'1l<AG<l';;41,8.J9iFEE:f,:MORE-;QR L'ESS,'.;TC>oA'.POI !'lT.;LYING 300,gO • · .. . •, ... ,fEpf SOUJHE~~'.('9fil'HEill':/T;ERSECTIONOFSA1D~ST:l:\f\LYWINEVl'ffl:fT:l:IE;:. ' < . '· SOlJ.!f:iEfKY:RIGlifS,lf;Y'/A'f,UN~'QciMARJlf\Jft\:l:t:HE8:KIN(,,.cJft, .. Wl';Y,SQCffH,,A~SO;: · KNOWN A'S STATE'SI.GNROIJTE '900(FORMERrY•KNOW:JiAS'EMPJRE WA'.f'.SO\fl'H ,:o.:: : .. ,. \,, .. .QR.stATEJ~.o.4i;>:,t,ip.:iii;TH:t~Nq~sou,rr1ss0 3"l'.~P'~stsdicfo,F.e~1:hmeNcE :;. , ·· . ~i1~,tJ~ir~i,r:~~6t~~~Js;N1°o~aj~~fJ~J;~:~~:.Tui~J~~"g~;' . THENCE'SQU:J'f{llij~.r3ti1~:EAST<ALOKG,SAI D ,SOUTHERLY,RIGl;i'!'.o:OFWAY(ll NE; ; · .· .· . . .. .. -0a0;1,a,.fEET;-~_:\·:-"/_':'.·/'.;:·-_:\-:: .. ;·= ... -. ..-· .. -<:·: ·._: -·.::-:_\~-~-~·-,.-~/:.\~.-:.\:':.<.~-;/~---<::;·;,.. ... > · ... :·:;>+~~~g~~g=:~~:~i;;;~;;tg~g :;z,::g:~;~Z~Jb1~~;Ji:;i,~~~;~o· .. ,;rHE P.OINT"OF BEG!NNING.0,F'NCURVE'TO':rHE LEFT;HAVING A RADJUS'OF i.,492.50 ,. · .. . 'FEET;. ,', '.· .·' ... : . . ... . : " .... ·. . .. ,. ;n,lENCE'$OU;rHEAS1E_Rt1Y'.;A,LONG THE-ARO-OfiSAID'.J;492$0f00T RADIUS,: .,· .··.· : .. · .. . .... , .: .CLJRVE','TI,IRQ.l:JGH A:0{:l,NTRAL ANGLE OF _20~~5'4~~;,i'lt!fl'-!~Q'DJSTA,~9!='0F;o3~,1 ~ \':. . ' .•: :FEET(THE :CHORDDF $AlD:AR0\BEARKSOUTR76126'.2~'.iE:AST,::5~9:37/EEEJ), .... /., ·. ;, . , : . THENCE,LEAVING.SA!D ARC RAD1ALL:Y,.,SOUTH,Oa0 20'4.1~'WESTALONG SAID RIGHT·· OF WAY~LINE,65:00.FEEI,.TO A POINT .ON A CUR\1E'LYll<IG''CClNCAVE TO. JHE .. ··:· . NORTH, ·BEING,CONOENTRIC WITH THE PREVIOUSLY'DEFINED,ARC,if.lAVlNG•i!\ . ·RADIUS;OF' 1;5;i7,,50.•FEET; .. 1"HENCE 'EAS;fER~Y.ALONG.ThlE ARC ,OF.'SAID11;557:50. J'OOJ'R/!,DIU~·.CURY.E,·THROUC;lH.KCENTRAL'.f\NGL'E;OF009.~M'12'.,.;o,N.ARC . · DISTANOE.•OF-241.,'f.il:FEEJ(THECHORD OF.S/;ID.AR(::SEARS)IORJH-B8°4T35' .. EAST, :24720.FEEl),JO:~·POINT OF TANGENCY;· . . . . . . . . . .. rrNi~~t\~OFF~J:i:.t~~i:1\~~~~~s~1~1;~N~~~~~0~~~7~~igFo:AiiAY . ;;~~-:,c~~~o~~~~;~ti~. ::i10.22 FEET TO THE;pa,Ni"6F BEGINNING .. . PARCEL·:B:· AN'EASEMENTFORDRNEWAYAND IN0RESS AND EGRESS-AS DESCRIBED IN · · INSTRUMENTRECORDE:D UNDER RECORDING:NQ. 9009191190. . . Page 2 of3 Printed on 12/10/2008 7:33:23 AM Document: UCC 2005.1205002569 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20051205002569.003 KING,WA EXHIBITB Financing Statement between COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., as Secured Forty, and V.E.E. ASSOCIATES, L.L.C., a Washington limited liability company, as Debtor. This financing statement covers all right, title and interest of Debtor in and to the following described property, rights, interests and estates (the property, rights, interests and estates hereinafter described are collectively referred to herein as the "Property"): (i) all the land located in the County and State identified on Exhibit A attached hereto, as more particularly described on such Exhibit A (the "Land"), (ii) the Accounts, (iii) the Account Collateral, (iv) the Appurtenant Rights, (v) the Contracts, (vi) the Equipment, (vii) the Improvements, (viii) the Instruments, (ix) the Inventory, {x) the General Intangibles, (xi) the Leases, (xii) the Permits (to the fullest extent assignable), (xiii) the Rents, (xiv) the Proceeds, (xv) the Chattel Paper (including Electronic Chattel Paper and Tangible Chattel Paper), Commercial Tort Claims, Deposit Accounts, Documents, Goods, Investtncnt Property, Letter of Credit Rights, Payment Intangibles and Supporting Obligations (as all such terms in this clause (xv) are defined in the UCC) and (xvi) any and all other rights of Debtor in and to the items set forth in clauses (i) through (xv) above, all whether now owned or hereafter acquired, and all other property which is or hereafter may become subject to a Lien in favor of Secured Party pursuant to any Loan Document This UCC-1 Financing Statement is filed in connection with a certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Security Instrument") in the principal sum of $10,650,000.00 given by Debtor to Secured Party covering the estate of Debtor in the Property and intended to be duly recorded in the Official Records of King County, Washington. Capitalized terms not defined herein shall have the same meaning as set forth in the Security Instrument. Page 3 of3 Printed on 12/10/2008 7:33:23 A:Vl Document: UCC 2005.1205002569 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Jct :1XNS KING.WA 20060814001412.001 UCC FINANCING STATEMENT AMENDMENT. !IIIDIIIIIIIIII 20060814001412 ASNDiRSON UCC 32,00 PROH0t OF Hl 0Slt4/2009 12:it KING COUNT't', lolA PIN: 0001400009 THJ; ASOV'E SPACE IS FOR Flt.ING OFF!<:E USE OMLY 1a.l~l I M l 11 ii,, ltllSl'l G p;, Is 20051205002569 filed 12/5/2005 In King County, WA R: IO be filed (klrrec«d) (or rtCCl(llo(I) r, LIit 3-, f CONT!NUATI@. ~crlllf.FWllllllnQ S"'!emllfllk1811lillt<lobova "'"~•H0~10 ~fill~lylil~J oltioSow>-ed P..-tr•VUlC&:10$ '11111 Conltl\llll«l$1'o*UAI &WU1tNDdtor u.;ll'filnal QeriodplO'lklMI w.i~tN raw. . ~dli,,;:ll111i.ollhlf~IIVaabo.al!!l!l~~ll~h1IIOtM~8J>IJ/I)(?. r Cl-lo\NGE:aarM ir.d«llll<kwt:Gl'AWfflMIKOO'll Nlllil lnVmlo\91 e&;.il10 91Yll ~ r DaE1'8'*1le: GIW nteafllr,aMII 113'1M61 l\lffll.,.__, ~ llanl 71ct7b llllltwMWed>:11911 (ilacld/11111 o;han~c)fo ~ le To1>t~tl111dhilon\kpr4!0. r Al>Clnart.1:~llli<llinl'=or"J'b,1IICl'IIJ<I 1111'170: a!SO~ktlllo:!.1-U-791{~)-• RECORD INFORMA 1U.. ORGANIZATION'S N.'J,!E V.E.E. ASSOCIATES, L.L.C., a Washlnglon limited liability company 5973 Avenlda Encinas, #220, carlsbad, CA 92008 OR G:l, JNDIVIOU/11.'S 1.AST IW,I£ FIRS"TNAIY'IS! MLOOt.E N,11,ME flUFf'lX ,. GeD {N.!:W} OR AOOEO lNFuRW,,TI ' 7a.ORGAHIV.f,:)N'S NA Mt LASALLE BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML~FC COMMERCIAL MORTGAGE TRUST 2006-2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERI ES 2006-2 OR i'll. lNOIVIOUAl.'S I.AST NAME Te. ~IUNG AOORESS 135 South LaSalle Street, S1Jlte 1626 7d. ll>J< Ill fl!. SSNQR Do 1:\.ltlFO RI: _11e. TYPE OF ORIJN,/IZA.llON :,~noNI 1k mE:.NOME,., ( 1ERAL ,..,.,...., OE); ...,.....,. only 8[\f l)Q)( AU collateral assigned as in original UCC. Abbreviated: PTN OF C.E. BROWNELL DLC NO. 41 FIASTNAl,!l! MIDOLENAM~ SUFFIX. en, STATE i~TM. C()OE. COUIIT"" Chicago IL 60603 USA 7l JURJSL-lCTION ~ O~IZATIOl'j 7g. ORGANllATIOMAL Cl f, ll any r """' 8. NAME OF SECURED OF RECOROAl.lTHORIZING nus AMENOMi:.NT (lµ~~f1uorw. Ulhll 1'.an aulpMl1111l~ l!\IIIIIHll~lllUlhollzff b1• DtD\Clr..tllch Dlldl~<1tlldclsbl\flh~'Clblot.0tlllhll:if1Tlllmll-1vlilo:lffl!l>)'t:io.ro101,t1~r,an: r PWlltl'Hmei:ilDE8TOR~111111~ 9a. ORGANIV.TION'S l'Wwlli COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC .. a California corporation 4500 Park Granada, Calabasas, CA 91302 0. OP NA\. 11.e;R WITA 1209.042 • Sunset View Apartments 1'1UNG O~lCE COPY• NA.TIONM. UCC RNANCING ST,6.TcME:Ni 11.MENDMENT {FORM UC03) {REV. Q712Q'i8. Pagelofl Printed on 12110/2008 7:33:23 AM Document: UCC ASN 2006.0814001412 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment Station Id :!XNS KlNG,WA 20070418002267 .001 UCC FINANCING STATEMENT AMENDMENT CAR!l'ULLY lnocbmLLP Bank of America Corporate Center 100 North TryoD Street, Suite 4000 Charlotte, North Carolina 28202 11111111111111H 20070418002267 STEW!T TITLE UCCAII 33.10 PAOi 1 Olv002 04/18/2H 15: 22 ICING COUN I UA L THE ABOVE SPACE I$ FOR FILINCI OFFICEUSE ONL V 1D. ~TIALFINANOIN'$l"U:Ma.Tl'ILE# Instrument# 20051205002569 filed on 12/05/2005 in King County, WA 1b. Thia FlNANCINO STATEMENT MIENOMEN'T ~ ;.:, ba ilad par 1-.ll (OI RCIX'dal) m "'• llEAL ESTATE m.coR.Ds'. 2. TI:RMINATION; ECl'~d lt1 Fmrdlg 8111\olllffltkl'""tjf"d 3bav4 i~ le"ninntood"<ilh *f*t'lo~ ltMJMl(I) oflhas...urod Party llllNlll211g 1!11 Temill~ stallfflgf'L 3. CONTINUATION: Bfoc;f,;e-;f?iaFi,-nair,g stw,merrc lcenllftGU abCMo with ro-lOweurt.)o iMrntt;l) o! OW SIK\lrtd Pall), ~lnsi thit C6nllllUAll<ltl &,i,fil,JM~t 11 Cotlllnllld lor th• lddllil>nli pUOII pfO'IID'o,l bf applicabft, Int. ... OR 6b. lNONIOUAL'S L..A8T NAME V.E.E. ASSOCIATES, L.L.C. FIRST~'AME: h.OR~~IV,TKWSNAl,IE OR AGNJRTU SUNSET VffiW, L.L.C. ·" DUAL"S....-1 rilAME Flii:STN,O,.'>'IS: 7~ MAILIMC'iAOOAl:SS = 9440 Santa Monica Blvd., Suite 708 Beverly Hills 74. SEEINSTBl'GIPN:i f :INFO,,..,. 17e. ,xPl:OFOROAJtZATION. 7f. J..JRISDICTIOff OF ORGJ,NIZATICN ~TION. l.LC Delaware ~-AMENDMl:NT {COLLATERAL CHANGE). d\ocllot1ly.mtt ~ OdC!lb• elll1tmll Oc',lemd QJ D tcldlld, ot lji\1111m!19Drtflira<1 ~all~t<lr~I descrip~cn, er <W'IIMbl" collalier.l! D•nlgn.4. ,,P.W. '. 0001<-10-oool I\OO-~--larn1a«7P.llld..,~7~ , . MIOOLliiNME SUFFIX !IIOCLE tw.rE ,~ "'" STATE rOSTAI. CODE COUNTRY CA ~210 USA 11--~_,-,T,..........,1011,11:1ny DB4254011 n"""' AJ,b,w'1x\-cA. ~\ : \'lh') · C. • E . (home.ti ..-,-·r·\Af I\ DT ·r oLc.. jj,.i...J 1/\ Sec.. 1':> 1--n»~. :;:,3'/-..'.), 12.t.1 i:-~J ! t. i~ nt"i., . !TLE W • l'Y\ • ,:i. t>v I 3 6'7,f·r '2J 9, NAME OF SECURC:D PARrt OF RECORD AUTHORIZING THIS M1EN.DW€NT [o;vno of-t.n~. tlhisla an A .. IGl'ffl8llt). • lhbi..uAtr-~tr.1~c' IIY• c.t,tg,~bh adds ~101add~'IIIU•Jll1ol!zi~~ Cobltll;. urlf\hl1 la •T•rmlnallon .,.,u,..,,;~..i It/~ De~1<1r, 9MCJr. horo alld ani.rn:imo DI' DEBTOR utbOrll:l'nc,!J,f1A111trdln"1l ea. o<tGN,IZATICN'SNAMI: LaSalle-:Sanlc National AssocLation, as Tms!cc for the Reaistered Holden of ML-CFC ComroCJ'cial Mortgage: Trust 2006--i Commcrcil!l Mortpgc Pan-Through Ccli.i:fic~tes. Seri~ 2006-2 10.0PTK»lAL FlL£R RS'f'A£NCE:CATA File with Real Estate Records in J{ing Cauoty1 WA FIL.INO o~Fl~E C::OPY-UCC FIN-ANCING STAT:EM!NT AME.NDME:fr (fORM UCC3) (REV, 0$/22/02) Page l of2 Printed on 12110/2008 7:33:23 AM Document: UCC MOD 2007 .0418002267 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS UCC FINANCING STATEMENT AMEND~T ADDENDUM FOU.OW INSTRUCTIONS n'.""ont and bm-L\ CARl!FULLY 1t.1Nll1Al. FINANCING STATEMENT FILE IC.-"' ~,m1u•nAmtn<:lmtnlf1,1m) Instrument# 200:51205002569 filed on 12/05/2005 in Ki11.e: Cauntv, WA 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT <1'611 ilOm G o,n A...endma,Ubml tli. OROJIJ>IIU,Tl...,N'S NAME °" LaSaUe Bank National Association, as Trustee for the Registere4* 12b. INDIVICLIAL'&' L.I\ST NAME 1 1 M _ NAME;_ ~-_ ,~. u,. thls spaca !or addltt1>1111l lnformlllio;i *Holclers of ML-CFC Commercial Mortgege Trust 2006-2, Commercial Mortgage Pass-Through Certificates:, Series 2006-2 20070418002267 ,002 TH! ABOVE SPACE IS FOR RLINQ OFflC'E USE ONLY FIi.iNG OFflCE COPY -NATIONAL UCC FINANCING STATEMENT AVIENDMENT ADDENDUM (FORM UCC:!Ad) (REV, (l7J29198) K!NG,WA Document: UCC MOD 2007.0418002267 Page 2 of2 Printed on 12/10/2008 7:33:23 AM Branch :STK,User :8792 Order: 208,72333 Title Officer: 31 Comment: Station Id :IXNS KING,WA 20070418002268.001 UCC FlNANCING STATEMENT FOi.LOW \NSTRlJcnONs front and bac CAREFUL\.V lnechert LLP -., 1111111111-- 20070418002~''' A. NAME & PHONE OF COITTACT AT FILER [opllona!J StewaitMc E 04 339-3100 Bank of America Corporate Center l 00 Nortb Tryon Street, Suite 4000 Charlotte, North carolina 28202 L __J j~T~~n U'ii, uce ••.•• e ta1zee7 1,:zz Kt COUNTY I UA TH'! ABOVE SPACE lS PORPIUNG OFFICE USE ONLY 1a.OIIGANIZATION'S N,.,.._ OR AGNIRTU SUNSET VIEW, L.L.C. 1b.1ND1V--... -\AST™~-FIRSTl'IAMe Ml-~E, ......... '""- 1c, MN--.-.ooRESS CITY STA1i; r!-,1.1.---,--'"""' 9440 Santa Monica Blvd., Suite 708 Beverlv Hills CA 90210 us 1d. SEE!WIJJJUSD9li:'i: ,:L.INFOR!:1 j111. i'l"PEOFOROANIZATION \ I. ~so IC1'lOHOFOROANi2A'TlON ,,. OM_,.,._ ,_IJ'll,•any ~tZATIONII.LC I Delaware I DE 42S4011 n .... 28.0R-•-JlON'S NME OR 2b. lt«:lMOUAL'Sl."81' IIWIE. FIRST NAME ltlDCLE,...,.._ ·-·- ,. IL.INCH,-~ .. ""' STAT!: r=•ALOODE """'"" '2d. SEE!NUBUGIJQHS \;'Vl.lNFORE 1 f2o. TYF'f;:Ol'ORQl',Nl21'-TJON 2f. JURISDIO'OONOFOROmV.TIOIII ~ ORGANZAIDNAl..l)fl,.H~ QRGI\NiZA"TION n-""""" I I I J. SECURED PARTY'S N.AME {orN~,:,ITOTALAS$1GNi:EolA8SlGNOFlSrf'1·l~,rtotily~SOC11rvd p11111name 1;3aorlb) "' M'SNM4t:. Walk i3W National A$$0c.iatim1, as Trustee for lhe Registered HDldm r.JfML-CFC Commmcial Monpae Trust 2006-,2, Col'lllll.ClCial MDrtgage Pass--Througl1 Certifi:::ates, Series 20:)6.2 OR ~b. lNCf,'00,1,L'S LAST,...-...-rutsTNAf,IE :k IMIUNGADORESS r:/c Wachl)VU. Securities " 8739 Research Drive, URP4 I Cbar~otte See BX8IBIT A and EXHIBIT B attached hereto and incorporated herein by this reference. --r:p. t\J . I ooo I Lj O -cioo "'\ ~bnwl~oL ~tc.l ~ Pm-c.t::.. Bc6W/\UJC-lj OLC. +y 1'11 s;;-ec .13 r TWP d '3 NI f2.J..l E (..l) •l"Y\ • 8. OPllOJW. ALER REFERENCE DATA File with the-lleal Estate Records in King Couuty, WA fLUNG OFFICE CCJP'Y -UCC FINANCING STA1'EMl:NT {FORM UCC1) (REV.~ Page 1 of? MIDOU!i !'!AME .a,A,"' LCOCI. NC / 28288-J075 SELLEIWLIYER •• AG.LIEN """' us !iOft,UCCFIUNG Printed on 12/10/2008 7:33:31 AM Document: UCC 2007.0418002268 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002268.002 UCC FINANCING STATEMENT ADDENDUM FOL.LOW IN'STRUCTIONS ffront arid bac,k\ OAR!]'UIJ.Y 9. NAME OF FIRST DEST OR (1a«1b) ON ftl::LATEO FINANCING STATEMENT 9a.. ORGANIZ,\TIONS NAME OR AGNIRTU SUNSET VIEW, L.L.C. ~ INDfVIOIJAL:S LAST NAME rRSTNl\tE I llo!IOO\.f:: r.AME.SUFRX 10.MISCEll..AN.!OUS: THEAl!IOVe SP Ace IS FOR FILING OP'l"3CI! UH ONL y 11.ADDITIONAL DEBTORS EXACTl'UU. l.El3AL NAME -lrlHrl'lfl'rllD.lll'lllma (11:i or 11b). dg ne1alllnrim 111tlCMl'lbln•m .... I,, .. 00.GANIZATIOH'S NAME Oil 11 b. INOIVIO'uAL 'S LAST i'WdE 11~.~ADMESS 1111L !U%JUJUT1UICTIOHS J:"°D'llt*O RE. !111. TYF'EOFORGANIZA110N :r-TIONI 12. 1 ADOmONAL SECURED PARTI'S "' 11 ASSIGNOR S/?'S 12:a. UIUiANIUi'flON"li N....,.._ OR 12b.lMtMOIJAL'Ssl\$'l'NAME 1~ MAJt.Jl,/G AODRESS 1:3, ThRIFINANCINGSTAT&NENl'ovvm D tlmberlubecul cw LJ -lr~led colwrnl, °' 1s filed~· 121 (ll!Wni litiiif. 1~.Dtt~ripllon(Jfreal~late.: See EXHIBIT A and EXHIBIT B attached hereto and incorporated herein by this reference. 15. ~e l!l'ld"adlL'tiHdn REro!WOWtER DI D~d '9QI Htllll ffo.tilol'dOM nci1 ~a -111 n1,rt1¢ ' FIRSTNAME llltU..E- °'" ST"TE r,ALOOO&: 11 t. JUffiSOICTIONOFORGAHIZAT\0"1 l'llg. ORGANIZATIONAL 10 #, hny ' NAME-tn11e~ ·-·· ·--hllrTl,"'21.« ,,,,,, FRSTNAME l,IIOOU!J,fAMi:; a,v ST"'-Tli r'<-~IAL ·- 16. Mcitioo:11 aoll:lter.:il~ 18. CJ10<.1<.Rrut;i1'1ppbblt ,nc11:itudla.J:IX-t.o.:. D•bb' i$ I TRANSMfTTINQ UTll.m' Flied In connoo.tlonwlll a J,lolllllf•clll~ Tllll'ISRdlon -~ :!O 'i611,. med In eonnodlonwith" Pi.iblbAnl,n;,,~ -~ !JO 11: FIU~ll OFFICE COPY-UCC FINANCING STAT!.Mewr ADDE.NOl.JM {FORM IJCC1A.d) (REW, OS/22102) """"" COU«Tl\Y n"""' """" °"""'~ KING.WA Page 2 of7 Printed on 12/10/2008 7:33:31 AM Document: UCC 2007 .0418002268 I . I . ' Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20070418002268.003 KING,WA EXHIBIT A (Legal Description) PARCEL A: THAT PORTION OF THE CHARLES E. BROWNELL DONATION LAND CLAIM, DESIGNATED AS CLA!MNO. 41 AND BEING PARTS OF SECTIONS 13 AND 14, TOWNS!ill' 23 NORTH, RANGE 4 EAST W.M., IN KING COUN1Y, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGJNNING.AT THE SOUTIIBAST CORNER OF THE NORTH 1,510.74 FEET OF SAID DONATION LAND CLAlMNO. 41; THENCE NORTII 88°37'10" WEST ALONG THE SOUTH LINE OF SAlD NORTH 1,510.74FEET,ADISTANCEOF 1,430.34 FEET, TOTHESOUTHWESTCORNEROFA PARCEL KNOWN AS THE GUION MALLORY TRACT AS DESCRIBED IN A PARTITION DEED RECORDED NOVEMBER 15, 1920 UNDER AUDITOR'S FILE NO. 1468198, RECORDS OF KING COUNTY, THENCE NORTH 01 '25'40" EAST ALONG THE WESTERLY LINE OF SAID MALLORY TRACT, 418.19FEET, MORE OR LESS, TO A POINT LYING 300.00 FEET SOUTHERLY OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE SOurHERL Y RIGHT OF WAY LINE OF MARTIN LUTIIBRKING, JR., WAY SOUTH, ALSO KNOWN AS STATE SIGN ROUTE 900 (FORMERLY KNOWN AS EMPIRE WAY SOUTH OR STATE ROAD NO. 2); THENCE SOUTH 88'34'20" E,\ST, 50.00 FEET; THENCE NORTH 01°25'40" EAST, 279.45 FEET, MORE OR LESS, TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT OF WAY L!Nll OF MARTIN LUTHER KING, JR. WAY SOUTH; THENCE SOUTH 66"13'31" EAST ALONG SAID SOUTBERL Y RIGHT OF WAY LYNE, 580.78 FEET; THENCE NORTH 23°46'29" EAST ALONG SAID RIGHT OF WAY LINE, 10 FEET; THENCE SOOTH 66'13 '31" EAST ALONG SAID RIGHT OF WAY LINE, 39.30 FEET, TO THE POINT OF BEGINNING OF A CURVE TO THE LEFT HA YING A RADfUS OF 1,492.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 1,492.SOFOOTRADfUS CURVE, WROUGH A CENTRAL ANGLE OF 20'25'48", AN ARC DISTANCE OF 532.18 FEET (TilE CHORD OF SAID ARC BEARS SOUTH 76°26'25" EAST, 529.37 FEET); THENCE LEAVING SAID ARC RADIALLY, SOUTH 03'20'41" WEST ALONG SAID RIGHT OF WAY LINE, 65.00 FEET, TO A POINT ON A CURVE LYING CONCA VE TO THE NORTH, BEING CONCENTRIC WITH THE PREVIOUSLY DEFINED ARC, HAVING A RADIUS OF 1,557.50 FF.ET; THENCE EASTERLY ALONG THE ARC OF SAID 1,557.50 FOOT RADIDS CURVE, THROUGH A CENTRAL ANGLE OF 09°06'12", AN ARC DISTANCE OF 247.46 FEET (THE CHORD OF SAID ARC BEARS NORTH 88°47'35" EAST, 247.20 FEET), TO A POINT OF TANGENCY; THENCE NORTH 84°14'29" EAST ALONG SAID TANGENT AND SAID RIGHT OF Y978278 vl -Final legal description-Sunset View Apartments Page 3 of7 Printed on 12/10/2008 7:33:32 AM Pocllment: UCC 2007.0418002268 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: WAYLINE, 41.04FEET TOA POINT OF INTERSECTION WITH THE EAST LINE OF SAID DONATION LM"D CLAIM NO. 41; THENCE SOUTH 01 °25'40" WEST, 310.22 FEET TO THE POINT OF BEGINNING. PARCELB: AN EASEMENT !'OR DRNEWAY AND JNGRESS AND EGRESS AS DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9009191190. #978278 v l -Final legal de=iption -s-et View Apartments Station Id :!XNS 20070418002268.004 KrNG,WA Page 4 of7 Printed on 12/10/2008 7:33:32 AM Document: UCC 2007.0418002268 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :!XNS 20070418002268:005 KING,WA EXHIBIT B TO UCC-1 All right, title and interest of Debtor in and to:· a. all structures, buildings and improvements of every kind and description (the "Improvements") now or at any time hereafter located or placed on the premises descnoed in Exhibit A annexed hereto and made a part hereof (the "Premises'?; b. all furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Debtor and now or hereafter located on, attached to or used in and about the Improvements, includiug, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpe~ draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Debtor as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therem, and all building materials and equipment hereafter situated on or about the Premises or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements); c. all easements, rights-of-way, strips and.gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements now or hereafter located on the Premises or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurt<mances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor; d. all water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, under or above or used in connection with the Premises or the Improvements, or any part thereof, whether now existing or hereafter created or acquired; e. all minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Premises; f. all cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by the Secured Party pursuant to the Mortgage (as hereinafter defined) or any other of the Loan Documents (as denned in the Mortgage), including, without limitation, all funds now or hereafter on deposit in any reserve accounts being held pursuant to the Loan Documents; g. all leases, licenses, concessions and occupancy agreements of the Premises or the hnprovernents, whether written or oral, now or hereafter entered into and all tents, royalties, issues, profits, bonus moneyt revenuet incomei rights and other benefits (collectively, the "Rents and Projm'') of the Premises or the Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any present or future lease (mcluding. without limitatioD:, oil, gas and mineral leases), license) concession, occupancy agreement or other 133 L6l?l .2.BUSINESS Page 5 of7 Printed on 12/10/2008 7:33:32 AM Document: UCC 2007.0418002268 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :lXNS 20070418002268.006 KlNG,WA agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the CXl)iration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent corning due prior to the expiration of said terms, subject, however, to the provisions contained in the Mortgage; h. all contracts and agreements now or hereafter entered into covering any part of the Premises or the Improvements (collectively, the "Contracts") and all revenue, income and other benefits thereof; including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Premises or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Premises or the Improvements; i. all present and future monetary deposits given to any public or private utility with respect to utility services ftunished to any part of the Premises or the Improvements; j. all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, service marks and symbols now or herea.tter used in connection with any part of the Premises or the Improvements, all names by which the Premises or the . lmprovements may be operated or known, all rights to carry on business under snch names, and all rights, interest and privileges which Debtor has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Premises or the Improvements) and all notes or chattel paper now or hereafter arising from or by virtue ofaily transactions related to ·the Premises or the lmprovernents (collectively, the "General I1ttangibles''); k. all water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates,. consents, approvals Slld other rights and privileges now or hereafter obtalned in connection with the Premises or the lmprovemects and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter loeated or installed on the Premises or the hnprovements; L all building materials, supplies and equipment now or hereafter placed on the Premises or in the ImProvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Premises or the Improvements; m. all right, title and interest of Debtor in any insurance policies or binders now or hereafter relating to the Premises, including aily unearned premiums thereon; n. all proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash 13316371.2, BUSINESs2 Page 6 of7 Printed on 12110/2008 7:33:32 AM Document: UCC 2007 .041 &002268 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 2007041800226!!":007 K!NG,WA or µquidated claims, including, without limitation, proceeds of insurance and condemnation awards; o. all proceeds of each of the foregoing; and p. all other or greater rights and interests of every nature in the Premises or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Debtor. All of the foregoing items (a) through (p), together with all of the right, title and interest ofDebtortherein, are collectively referred to as the "Collateral'. This UCC-1 Financing Statement is filed in connection with that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage") . covering the fee estate of Debtor in the Premises an<\ duly recorded as Jnatrument No. 20051202001370 in the Real Estate Records of King County, Washington (the "Registry''), as modified by that certain Loan Assumption and Substitution Agreement dated April£, 2007 to be recorded in the Registry. 13316311..Z. BUSINBSs3 Page 7 of7 Printed on 12/10/2008 7:33:32 AM Document: UCC 2007.0418002268 There are no documents for this number. i ' ' l l ! .rp OT and wrr t O 8 pxtlr:jr-"ll b t l:! fli; d .. z..u 9 and 10 :Ilk 13' s.J.nton )lay :?ulc ~dd ,o Ylr?'l.rH:, t.o Oct 2D""1!J, 1Hd "JI w JI f in X:CW ll G Wlll to T4a l'1 l'hi te J 't !llfford -- l(ary G; Uol:'4 lt~ji~ l.~,, "° ~snlllx r • tno 0 •:f s Sl Sl. ~ · · .,,. 1lr'n11taen\ Cl-n:r, • oorp o! :mr Chlcac•, ll1l!'4'1lkae a. St, ?•111 Hau..,. CJ-"1', • rt• .oorp , \ Ff, :!'8,::lf 1111D. ~ u ond local ropo q l<> op th• rt to oroai . · . \,iµ, ell Jllootrlo 'lraniam1H1on 11:r• tem, OT us o.nd a.orou · M:b• N.1\1 pPpty 11 td in :&:all i ft,, al Ull ',· t :!,fl ? ~ 1a l!,o U 'tp "JI at B t ~•t tr.II., IUIJ1 du 1':l'ao~ N,..~ w. 21 > o! lm>oUon A44 to seutl•, • ob.oom • J>l;a~ ,t ltd°·• 1!"'4 U. ttt tf ·a<> Aul of llO tt h • oon41 hcr11d t.)tt tho •4au1 .... •· eoll.ore horuin prov14a4 tu 111>1 be pic4 02.0 .. *-to tlle 11:11r·r, ot u7 ln o:r PIM/iflo OMO ~"414 ao., pd th.t tl1o 1rantuh.,,ree:r lhl o!lua• U.. lo- ••·u,n U, Ol' l'UIO'N r.,tirel:r a.:, wii.or or /IP!f 1Uo h<>roill. p'.l'OT14e4 tori 1fi thin 30 u;r1 of '""'""' • "'"1.•U• ,o t!o, wnan llll .i11 torleree Y th oondu.ot of bu11 ~r gnntor 94 1179taa oo,,.t.a; •f l50 !UIO.bon &nd ~·. an~ the rt to olr tr••• tra oa4&»ier1ni: th• ln ru, ',.1 oorp h• oadtho inacr to bo duly uotd J If \aP S.l) .7anae-lJ!natnpiion Inv111tmant CG.l:!lpatr..,. :By :rr•J k ~p•o~, Preaidant A.t-toat:.: J 1 DoU,il&.s, 'deor,niar-;r XO!I :,Ob ?•l& b)" 7ro4 lt 'l'h°"poon o,nd ;r F llo'i.:l •• H and Seo er ili!;l J-1' I oe the corp tht ex.a wit!Tl inatr (or') i,ef U!'r.at.e.a lC Ko!tat&tor, lll' t ""4 ! E or K ree ,t c{N9 Oct 1:l•li) ml E ~ Adan1.1, J,rilw&ukoe fi1(X) I I I J O::"eh 9 23 .la.n --192:3 ~,\:::a l 1a t t e& to 4-Z, }10 11.n,lovc~ ,;w,:ro1·d and l,c ·uort Je~dd P Fuller 'R ...io.nford !1!', ,. -J fp cy s.nd. qo to BJl all int int)rnns 1ee-re in ' k:cw ::..~ ':-6 !I.nil. thn t p_orn of lot frcmthe nwJ.y bdy of od lot Beach v 1y nr·Y, o :r 6 all V' blk a. ln plw and 12t ft dist 31 of the Pl~t of ~ainie~ Emma Iatte~ 8anford el Rob~Tt R S3nford sl ko:w Jan 6 C!Zi by Emma l?attea Be.nford. and Robert ft Sanford bh b:f ~ R CUBhing np for the ow res ata(N3 Jul 8 £3) ml ap 602 Oll!I:,: Fe.o1iio bldg ol.ty .,/ ++-t++ Cont Fob 9 23 4-34 Oct 16 EZ August Sohz,.upp a be.oh of "" to Chester Robert liubor l/1/ / / i;il°'. :,. 1~ 29a1 / t ; .• fp e.greee to eell anc'i. Bp 'buy theflg dep{ re ink:Cl'l ' lot 7 in blk 6 of !lexfords li'irst~1n to the os Tbo pp is $3oc of wh tho sum of $£00 hB bn pd and bal pa'ole in monthlyinetlmta o! ~ 5.00 or ~ore on the \at day c· ea mo oom ~a~ l £2 until pd with int at 6~ JI"' psble monthly Sp to pay all ta;x:oo ana asamte that •hall become oue on pty ait•r this dt but f.p shall pay all aaamts and taxes 1n full t'1at ar• now a ln agst thl aptf The ad ld to by oyd Jry W1l to ap wh pp ia pd with poi1oy of title inaura.nce in sum of $lOW 'ti'h Ol'.l.a 'ae.lf of Y::P ha bi~ -oa 1'ime ia tne oaaenoe of this cont - (Extension agreed to in oaee of eickness or• non-employment) Fp ahe.11 bear o,::ponse of bringing city water ln to l.n of lot August Sohaufpp ol Chester Robert Nuber Bl ko11 Oct 16 22 by August Solurnpp bao:o and Chester Robert Nuber bf l!uchmer Johnson np for the sw res at o(l!S 1fay 16 23) ml ep 8064 lleaoon ave city . i. , . & D Feb g 23 4-35 ++T++ ~. no2ga;?'J_ ,ro Dec l 21 'fl and benofi ta ~ ~ / /J I Jo\fu.ee Th.ot!l.:PSOn Invastment Com:r,,a.ny a 001·:9 1of o/£cw --;,; \ /0 1 to the Coui1ty of Kins, State of 'Uash1t15ton f:p cys '\""llB an:l qce to ep .f.or i1Se nf th-s 1YQ'b11a forever aa s. public roa.e and highway e.11 int i11the fl1; des r o i::ikcw /'---...,,_ All that porn of lota 2, ·3, 4, 1·:.., 12 a:,•d 26B, of {Junotior. Add to Seattle Gov, lot 1 ly no:rt>. of the C :.: I, l' S Ky. rt of way; llWt of tho SJ;J! ly north 01 tho O :,; II T S 'J.y., O::< ~orn soH ad CornJ"l,ny, a.nil t:r.e lJE.a, of the SE-; ex:001,t porn. pl~~ted. aa Earlington, also exo.e1.· rta of way of C & F s. Ry., e..:-i C '!:;l & P s. RY•i also ex po't""n aold. ,;o Benjamin F DeVoe ar..d. Le.wr -rs e W F..enaan and c u & b: StL Jy, Co. 6 all in seo 13 h,. Z3 !I. R 4 3\'/!'1 cants.ired within s strip of ld O ft in width r:vg 30 it o: such wldtl: on ea side of the fln: des center ln ~e.1 in the a:e~ ot sec 14 t;p 2S nr 4 e1rm 1960 ft TIJC11·e or less U and 1050 ft rr.o:ra o:r leseJ. wa,st of the S.E. cor thof Sd 11t bg .kn e.a '::n~re :Jurny Sta 18+25,2•;1. tl~ 3 79° 55' 50'1 E, 2G4'.58 !t th S 2.6° 06 301' 3. 255.66 ft tl; ..:i 49~ 55' 30" 2.235.C& ft th S 22.;i, 35 1 zon E. 48£.15 ft th Sin"' 14' 30'1 3. 314.Hl "ft t'·. :J 43.:i 28 1 Sort E 35.'.::.5t'.l ft th on t/1e a:ro •)~ o. c1,rve tc, ti:f t~ft wi.ti a. ra.dius OJ: 105.10_ ""t., a dist of 93.lf :.:-t th. i; 66~ 13 1 :.0" 3. g.60 ft t!'1 on the a.re of a curve to th~ left vri t:: u radius o~ '7:36.26 ft e. diet of 660,94 ft th 1: 42" 39 1 30'' J. 283.72 ft tn 01 ti.ea.re of a. curve to tl~e rt wit}: i;i. ro.diue of 3736.179 ft a ;11:-,t ~-r 1151.70 ft ·--· , ·-------~-~ ____ _......._ --- )82--8 th tT 60ct 17' 30r1 E., a di~t of 4~3.;.B ft th on the aro of a bu:rn, to the rt hTg a radius of ll46. 28 ft 1, dist of 465,00 ft th II 83' 32 1 30" E, 374.ll :ft th on the nl'C of a._owrve to t11e rt hYg a radius of 1146,28 ft, 20.i.OO it th S 83' 42' 30" E. 344,76 -ct th on tJ:e a.ro o:r a oun:• to tr.e left hvg a. radilll o:r 358,17 ft .. diot of 167 ,19 ft th on the a.re of o cune to tr.art with e. radius of 886,t14B ft a dist of 307,50 ft th S 48' 57' 30" E. 410,76 ft th on the a.ro of a ()urve-ta the left w1t:'l a. -racliua of 286 .4S-ft a diet of ~38,76 ft th ll 89° 11' 30" E 58,n ft th on the e.ro of a ourvo to therl with a radius 01 100,90 rt a dist of 67.85 ft tli S, n· 311 30n E. 26,12 ft to a pt onthe center ln of Third St. in l!f.rlington, ad :pt llg approxir.10.te'.i.y :. ?3B ft lf e.nd 705 ft W o:f the 1e oor of ad eel"' 13 tWJ? ZS 1m 4 mm Sd atri:p of land om.tai .s 4 tl~ aorea mor,3 or lese Right o:f' way, Be&oon Ooal 111ne Ca. Road. (oorp al} Jo~es-rhompson Investment Oom~any By J H Fox Vioe ]resident By Neleon W PerlrnT Saoretary k ~w Deo 1, 21 by J H Ifox ann Helson W I'arker "'9'ice pI'89 and ;'-.-'soy of the Jones Thorrq:rson Inv.ss":.f:1.ent Com11a.n;r ir: "::ho cor!) tba.t exe the within and frgoing :tnst (corp fonn) bf Wm E licClu.re nJ? for the sw res atafNS Feb 9 ~Z) ml sp . ':, J.70\_83. , U) J-. ·~-V ~!·~ ~25 4-12 ~ +~-t++ Elizo.beth Groatein~<J.d title •• l~rs Grostem hh ot sk<'" · to AP lmTWell of kcw :·;, mtge to op the ne des re 101 kcw ,, R G:rostein and HR 'I I"""" L,.,. ,J lo"" Deg a::t on the 3 1.n of :3:aat 4'7th Street 49 :t't West o.i: the sw uor of East 47th Street au:t 6th Avenuo Jlort,,eaat; tll S 50 ft pl.w Sixth Avenue Northeast; ch West 48 ft vl.w East oJ.7th Stroot; tll !! 50 :ft plw 6th Avenue liorthoest th -~ 48 ft al tl,o S 1.n of Best 47th Street to the pt o:f ·oe5 bg a porn of the OW"'~· of the sw3. of' the sw-l; of the ee{ of sec a tp 26 nr 4 east o:f \'I.ht. with after acqd rts "tsp $2500 wit11 tnt at 1,'.'. pa pe.ble ae.nl e.ccdg '!.o ned pa.Ole 3 yre e.!ter dt lns $4000 ;)250 a t.t:ye foe kcW ?eb ~ 23 by Elizebeth G:rostein nrnl. H 'f{ Gi·o:::itein at s(l!S June 15 23) ml ar, :i:lizabet"h Grostei1: H ?. Crostein Grosta~n v(no o.cqa. tit-le hh be f A C S·ohroeder n:r· 0olmo.n bldg el. sl a.s :.:rs .. i~ fol' t:,e sw -i--,.+;-11- J,'. ]1 ab" 9' J:!3 4-42 lT/02904 ;'eb 9 23 i11:z.abeth Grostein w110 o.oti t.l tlc l:<.:3 .:rs !:l 3 Grr;rtai:::i and E a Groetein hh of skew to A ~ Burwell I .J , ,· I •• , f.::! mtge to sp t'h.eflg:des rei in £.CW (: 13ag an the 3 lll of" Enet 4'7th Stroet Uin°'ty-aix -ft E of t~e se-icor ) of 6t!"I. A:ve ;forthea!3t l].11(]. u.~t 4 11th .3t; t1~ d 60 ft plw 5tr. :..ve ,. : 'Ufl,•t.11,:,a.At t1"1 W 48 ·.Ct plw E '17th ..it 1.h ;: (,(.\ ft plW ~·ti: J.:Vc 1ra. th. '.' ... -" .... --~ ... .:· ! ,--------=----------------------------;==;:::=:;:;;::::=:::--~'~··~ .. ··==~{~ ~ '[~ ~ ' £~:Q:"', ... " ~~ ... "':·.;.,._ •. ·'. ·~ . ...,_, ( "' " J_ (: > $ w > et:: :::, u, LL 0 C et:: 0 0 w c::: ·~-~~·-~,;·.;·.::~= ()IJ''Jt ' l'liJI l:.J'I: ~~ "" ! " >-• -i! w ~ > a: ::J U) l.J.. 0 0 a: 0 u w cc ·z "' 0 • f-- 3' t!) z u.I ~ "" UJ <l'. LU t!) a: z (Tl N 0. :<: f-- (Tl .., z 0 H f--u LU UJ LL. 0 LL. ...J <l'. ::c LU z 0 ::c f--::, 0 UJ 3' 0 z <l'. ... ,,t '70/212-') .. 7 __ '7_1-f.76 B RECORD OF SURVEY { .. ,F ···:,c-A PORTION OF THE S 1/2 OF SECTION 13, TOWNSHIP 23N, RANGE 4E, W.M . .,:., .. · .. .CITY OF RENTON AND, KING COUNTY, WASHINGTON "~, .. _ 't ':~=:---.-• /:-~·:;~-~~ ;2, -~----------------t® ~,:;11-IIIARl'l,t LUTlfER KING Jlil:',lll'A.V 9, ./ ,\" ,/ }' / ,,:.' . •"'" 1 (,j) {li::~R=OA~AY .. !:!) .,,,,,,.,::: /·,· .. ,/' ,F // ,.:, ,/' ' -~--------==-~ :. -_,.· .l ~I,-. ' . --T,~·.. . .' . ~· --=· .. :~ii>,: •. i OI'~ ... ~ N~•>"C • <s;~ )I,,.,.,!> ... KIM~,,..'~~~~f't,, .,...=· .,•' ·······--.d••' :, .••. (/'=· /' ·:::.~ '=•:,,,,.,.. , ..••••• , ..... ~ ...... , ... ~•'. . :1· ...... ~· -~.,,, ... ,, ..... ·· ..• ,•;..:- _'!, f-;-> 1' s I; ~: SCALE : 1" 200' zoo. '°" ti ~ 2f° .ITATI! ,tH" IM'OIIM,I.TIOM FftOW: nATE Ill' ~TOM 110AD NO. fl REIITON TO &EATilE li'EST S,DE l'M'l!IG, Jo:IN!I COUNTY ICOHTR/oJ:T HO. '3191 ""'l'ftDVm ,tOV, ~3, ign SIEE15 ~141 Mil ~ Ill' SI. *1'a£ .. 11 ,. l'if'ORMAll!IN FROM n.a.t1! OF ~Tott w.r All! PftOFII.E DF STATE RO..U !II). a IOl6 COI.WTY, ROITOtl Yo 8€.o,"rfl.E l,;:olil!U.CT NO. 13111 A!'f'Jl(lytD DCT. "11 IDZI' Sll££TS e,3'1 ~Ill ~ OF lti. . .... .. _/'"·) / ,,':t ON -t: c ·=,,, ... t I l \ -...1_ 1 , ...1. err, ,11.illl$OICTI~ LIMIT r--tOIMTI' ' • , • •., ' I T-rt -.SSES80R""'9 ,, .. '1,,,,./ .?' ~ / : RR "'N'D ....... TKlN FFIOM ~lt!IOliD MN'S AT 'THE •~G 0 • .>~,t,'/§}~z._:.'.::·.:::J-·· \ ~JJ.:~');~~~ == =~ ~, ,• id> ~' .T-J'·t" .. _,, I <' ·. : tJJ~l{.J ·, ~ '_;.~,~ .. ·J·1 ! ;' --=:::><~-~ ,,t---._ ~"f;;,':r.,_ ... ~ St, -..,>~ 1'/i.;r.r:,. -~, .""' Iii~, ( "Ira 4Tlf I' ·. :.;,:ll:";';____.--;~•f;,~1,J;,'4:\~~ ""• 1 r •\.,. /~ . ":-;f.,..-. " l:! '•t'i,'oJ-,----1 .,,,,, ·-:""-----·:·! .. . ·:· t'f. r•1--tr~ :go . &, ~1.r.:..., --.:,:::.":., "" ~ :· · Ito .-,,.: , .. :~'"· ,;: .. ~'. •,,.t =~~· j !~; ~ --~·,····~E. --~-"9S-~---_ _.,., __ ,l ·:>~.i'~--.-.-."· ·, ,: ff ~ RECORDER'S CERTIFICATE 'f,::,.12.iz.1,, ... .., fll,d for rec:o«I thl• __ .., ~ ---, u.l. ol __ .M. TR 1>oo1,_a1 s..wys bt ll<"il•-a1 n~ n,quosl al NOi.,.. E-=-!'LS. · ihDijSI' J; 7&6 ?1tEtf:r..1i i L"'"' SLf<VEYOR'S CERTIFICATE: :·9010 KING C'ClUl!TY, W/ISHING.TON .~, .if ,, =t \··, ., ... l ·:,t .,,, ,.,.,:· '''"c, .. ., ~00'- ~ • \ % /':.-.,, ······~"-' .Q ~~ ~ , • ._q~00-_ 9_.1,,,+ +. I •-,~. <:,O~ ~.,. I> 1'. + ..... t'*' ~~ (>;~ .. .., ',~~'l!'I! ' RECORDING CERTIFICATE: Rlur0109 t/Q, ?,l..,r'?:1••7 ,.,.,•' ,1i.o•,,-....... __ .,. ____ 1t.llll.•l-·- -·"·i.--Of:Jw,, .. ,o<. ___ ,,u.,,,,_i.1<1 """"" t. LMuo 9~/2-/2-'J••J -77.11t t..-- RECORD OF SURVEY ,(::·.·::.::·· ,,· ,, .. /' '•:,,.,~ ... ,, .. ,-· SECTION 13, KING COUNTY, ... ---~·"···- ,._,,,,······ .• ,,.-·····"' .,,,, .. ,,,,,./ ·" :,,,, .... , ... , ... ,···· DETAIL "B" ------_, __ ,- ~ ., ., LAND SURVEYOR'S CERTIFICATE: TWP. 23 N., RGE. 4 E, W.M. WASHINGTON OAT• 19'113 • t<FO!lM!I.TION FROM ~J,r,lE Of "°~"''flHDI< IIOAD NO. 2 RDITillt TD SEATI'\.1! IEST Sl!1£ rAVING, Kll«l COUNn' ICO~TIIACT 110. 161tl .1.l'i'IIOVED -· z~, 19,l 8\-lcE1'8 J,~ •HD :I OF 9 HATI! 1U1 • .. fOAWJIOM FROM ST,l,,TE M YlU-TOM 1,!AP AJ,111 l'fflll'1l.£ OF $TE ROAD NO. Z, IQl'G CQUNTT, qeirON Tt> Holl"TLE lOOrtTR,,.CT Ml. IJ641 Al'f'IIOVl;D OCT. ~, l!RT ~U i.,~.~ l,HI) ~ CF IO -/ +-+-r;iTT J•JtUIOIClltl~ LMIT F/IOM lllo'.6 COIJNTl ASSl:SSDII 1.1111' ,(')• ,?'• ./· ~-~ALE 1" 50' 502SO ~0 ,( _____ ,. e.,.1u .. 1~"1l>'IOl'i ,.001,-1011 '1!0\.· 14> pG.1 = l. .. ~_.,..,,,_ f{.s. • • ,..{ ....... _r~-"' "!'"t "' It" 4 ·, ~· ""-' •.. . .: ,, ,~'·• '" /I~-· ......... .,,. ,;/-.;_,''""• • "'-"-,."'i,',/':<. ·. ~,.. .... ,, __ ~.~ r-~ -•?, ·---• -Jll-..;,---------.. --~: ~J ,?&J,.,. / ./·' •fl ...:.&1....-. i.tOLL ,.,.,....,. -"'"""-"""'· ... "': 12*1 ~5~-~ JU.?5-·iot~~-Ave.n~~ sout_tr.-,, ..,._ ... ,.-..:: · " ..... """' Seattle_,:WA, .'i:18104 .-< _._:· ,,-DF rt -- )' t ~G ~~t.k.'t..l ,! 11.,.,.., m Barghausen :, .. ,:· -._ ··_SQUTcl'·4/2 '°t3-23°N-4E~ jst,II ••1,..,_..... .. 1r,.,.., ...... _"_''''' .. ..-"' Consulting Engineers.Joe. --· . . ·.. ·_ .. ~ :;-::1:,~~::!."7,,',;;'~"'""""""~i!'"~·--;:-.. ~•i-1rwt.-.o,,1nt,ll'lhnrw~1,.. ·-. Herl1n,i;i.-C~!]!itruc~lon C~ Irie.=· 4 ,-,S,'1-',-a=--1"''' .i.nuary 2"'-IIIIIO I""''"' !Q!!I • _.,-r1 . ,. · 6 1 ,.,,; .. ,.._ ..... KM r•1t11· 1l'tllm('l~·""sun KING C6.~:• WA~nIN!;iTON_{-L._;.li : .. .., .·• ,~=,, /' / ---c:\~· ,; ·., ....• ,? >-w > a: :::J (.I) LL 0 cs: z 0 3: f--C!J z . H w ::c "ST Ul -0: 3: w tD 0: z (T) ('>J a. 3: f-- 01 '" z ~ 0 H f-- f--z u ::::, w 0 r.ri u IJ.. C!J oz H IJ.. :,,,: _J -0: ::c 0: ,I.; u: "' . z'. ..... :,: ·., .. /·'..,,._\; { " >-I "' w ~ ;. > ' ~ 0: :::::J ::E z D :,:: I-co z u..i H :c ._,. (/) <t :,:: w lCl cc z l'1 (\J Q. :,:: I- ni ..... , i .r! ' ,r!, ' ,, l I Ji !t '/ ,, '" ,• , . 11 ._ (. ag H ,~ ~;,; :i ~ ll " fl l" ~ i! C;! '" ;g ~; i! ,. l, i! l'j H !J , i' ;, il ~l l~ ., H . ' u ,-•' Hi 'f _, l; •• ,l I ,1 H •• l ! ; H d. ' g ~ en z >-' D ...... I- LL 0 t-z u ::, w 0 (/) u D LL co D z H LL ,.:: 0: _J <t 0 I u w 0: \. Branch :STK,User :8792 Order: 208172333 Tit!e Officer: 31 Comment: Station Id :IXNS - KING,WA it • • WHEN R!CDIICl!I) mt111Ntt:1 r ~.rlMC!yC.,.W. Ra>!a'I.Uunldp,a.l llili!J"'f --~\.IIA.._.,Sm,u, • lie-. Wit *55 ;\ .I ;<' i • ~ il I i I ~ ~ § ~ ~ OTY OP RENTON, \riAShINCi'l'Olf 05U>IlW'lCB NO. ~ Al{ OJI.DJ:B;Ula Cl7 THI: CITt OJ' UKTOR, 1fA.9lQJmTarl CS1'.llLJ:JEDillJ ':tn UlllJJIQ ct..\S!JU'ICM'lClll Oi' c:D't.\.Dil PJ.Ol'Ji.TtZS TO 1B Am1BD11 TO TD C::rn." 01 litDl'T02if TO mu.VY IEIOS'tlt!AL llJll, COYYBPC .. U. ~TU.D.L (C1.l, UD tu:mEBTUJ, tcm.n-nxn.T nrrn.r. \:RH• n {llLJ.CJ: uvn (ltl:UllY iuze&I", fU,.11: l{Q, l.•H-(IOl.1 BC!J' .9fi-1Jl6l, ,am:llWI, u.ndaC' Cha.pttr J1 (Zo:,ing Ci:xle}, ot: Title IV (Building ltegulationa), o! Orciina.ccl!! Mo. 1.260 lcrl.mra aa the •ccide, Qf Gene"'ill Ordin.mce11 of r.:na Ciey oC RQ.n~c::i, • as il<mer.deed, and the Illa.PS and reports ~pt¢ lJl conjunction ti.ie::-ewii;.h, the prci,e,r,:;y bere~loi, dHc:ribe<i has ;iot bee~ :r.oued in the City ;;i~ Ren~; ~d traDJtAS, eaici property mme,:a ~t.iticoe.:l. the City of R.ellton Coe- City Ccrui'Ll:il havill.'9" beld t'!lc p1Jblic:: heart:ga to c:on11ider tb.i11 pre:,;;u:ii.og appli(:11,~ion, th& first h,::llring b~il:!.g held oi,, March lB, duly ccna.idete.d al::11 ,,._,, b.a.v1.cg beec bee.id.· ai;:p~ad.cig in support theu::ect: OC' i.t. oppositioci thereco; l<OW, ~. nm: CITY COUNCI:.. 01:' n.g CIT¥ Of 11ASK1NG'TON, DO OROAIN AS FOr.l.O\iS: ' Page 1 of4 Document: ODN 1996.05141026 = ~ m .:; " "' ~ .::; ~ Q I ~ ~ • ;a: ;;; ~ Q ~ = -< .. 0-fe . Printed on 12/1012008 7:33:10 AM Branch :STK,User :8792 ' I' I Order: 208172333 Title Officer: 31 Comment: • • • SEC'ITOH +, The following described property in the City of R~ton shall bear the follo1.:ing -zoa.ing deai,gnations once annexed to the C:!.c:y of Renton: ~-vy Industrial (IH) , CCmnla"c:ilJl ).rtez:ial {CA] , lOd Residential MUlei-Uamily !~fill (RH-I) as he:einbelow specified, th~ D111valopment Suvices Direc:tc:r :.s 11ereby authoriied atld direei:ed tc cbanie the ma~s of t.h.11! ianing Ordinance, as amended, to evidecce see ~bit·~· attached here~o ati~ made a part hereof as if :Cully set fo:i:-tb herein. \Sai~ p~operty, approximately ~6 acre&r ie bounded by 681:.h Avenue Scuth on ~e .,,.esc, Ma::tin Luther l.Ulg Jr. Way oc e:ie north and the City of Renton corporate boundary on the south.} SBC1'l0N !I: This Ordioanc:e shall be effective upon its passag~. approval, •nd five days a~:er its pu.blt~ation. :E':11.SSED. BY TitE CITY COUN::::IL chis ~ day of._ ·-"'=Ye_ ___ , l9Slli. Ciey Cle.rk APPROVED B'l THE MA.YOR this ..fil day of -~·~·"'--------' 1996, ww~• ~i'ty At:'Eorney Date of Publication; May :o, 1S76 ORD.570:4/0i/96:as. Station Id :IXNS • KING, WA Page 2 of 4 Printed on 12/I0/2008 7:33:11 AM Document: ODN 1996.05141026 Branch :STK,User :8792 --,.,--'..,,_ l I' i I ·' ' Order: 208172333 Title Officer: 31 Comment: • • • Black River Q1Jarry Pre:z~ce Exhibit A -Legal Description That ponion of Sections 13 ;i.nd 14, in Township 2J North, JI.Ange S e.ast, W .M., in King County, WL1hing.t1;m descrlbed ;u follows; B,eg:ii:inmg; ~ 'lhe intenectior. ofthc ~erly Righi-of-Way Uru: oft:i8th Avl!fflle South with the: line divining Lot 32. Junction Addition 1v Seat~i:. ;Jc.::imline. lo the plat thereofrte0rded in Volume 12 ofPfllts. µnge 7S, records of King County, Wl$hlngtou de.1cribcd by di:cd of conveyMCe rn Charles Mol\Stcr by Oregon & W!.!ihlr.gtQn Railroad Company cla!cd June 19, l9:23; Thence N 69°1 S'll" e &long Wrl line 10 said ~orth.W'l ,;omct ofLot :J:l; Thence ca.mrly along the north lUlc of said plQt t::i lln irrtcn.tC'tion ....;tla the wemriy \inc of GuionMalloiyTract rtc0l'dedundtr King Counly Audi:orFUe 11:1415829!; Thcn~c nonbcriy alons 5aid wesierly line 43S.OO r~,. more or less, to & point 300 feet .10uth of the southerly line of:Pnmlll)' State Jfghway #:Z (Empir~ Way South); TbcnceS U"'J5'10" 6.50.00 fee-:; Thence N 01"24'50" 'E ?79-..15 feet ta the ~outherly[nc of Wdhighway; Tbence IO\Jtheatcrly along said so1Jther!y line to u.i lll\fflC':Uon with the :..:iuthWeitetly proj«t]on of the eamrly line of 8 I:;! Avenue South, .me! the Ci?y Limiti of Renton 1.1 lntlcx.cd uod.cr Ordi~ ~1754~ 'thence 501J1hwi:s1crly 1.lortS said proj~on, r.nd saidi City Limits, to III U'll~On. with thi!! southerly !inc of.vacated South l 40th. Stmt; Th~ WC$CC:r\y 1111d sout"hWC$!Crly along 1:i.id saJthcrly lillc, and !.llld C°ll'y Limits. to an inc-ersi:ction with the nor!herly Une of 1fle Burlington Northern R.a.i1nwl Rlghc-of•W1y; Thenc.:: soutltwcsterly a.long said Rjght--0f-Way, a.1d :.a.id City limlts, to l!I intl!mdion witb the astcrl)' Ri13tn-of-Way line o£6Sth Ave.,ue South.; Thcni;e nol'thwi=terly aloo.g said Right-of-Way lir.c i;if ~ath Avwwc Sc:illlb. t0 the point of beginnin~ EXCEPT ROADS. tBJacic River Quany Prez.one n:'li/l 8/901.gb) ,___ f' I~ ' , I ·.~:,: .\!J J,=~-· Station Id :IXNS •· KING,WA Page 3 of4 Printed on 12/10/2008 7:33:11 AM Document: ODN 1996.0514 I 026 Branch :STK,User :8792 - -:11·~:(l ·· .. i-. . . I --·----. . KfNG,WA Document: ODN 1996.05141026 Order: 208172333 Title Officer: 31 Comment: • • • y PREZONE CK 'RIVER QUARR BLA EX!illl!T A ZOffiNG MAP 1:9600 . . . -. Page 4 of4 Printed on 12110/2oog 7:33:J I AM Station Id :/)(Ns I Branch :STK,User :8792 Cominent: N = = = <-. Return Address· City Clerk's Office City ofRenton 1055 S. Grady Way lllllllff 111 CJTY OF REH'rOH CORD' %4 .II PQGE H1 CF CHl7 ,z,1,12ot1 1•.•• KING COUNTY I LIA Renton WA 9&055 Please print or type mfarrnauon Document Title(,): ORDINANCE NO. 4891 -Merlino-Empire Estates Annexation :Refereaec Number(s) or Documents assigned or released. [on pa~•-· _ofdocument(s)] Grantor(s) (Last nanic first, then firstruune and iruuals) !. City of Renton 2 3 4 Cl Adchtional names on page __ of document Graotce:(:r) (Last name first, then first name: and irullals) l 2 3 4 [J Add1boruil names· on pilge __ of document La:g:ll Description (abbreVJatcd i e lol 1 block, plat or secuon, lownslup, :range) That E)Ortion qf Section 13, in Township .. 23 Northi Range 4 East, W,M,, in Kin& County, Washington described as fo_1lows: SEGINNING at the l tl/'. ii Add!Llonal legal 1s on page_5_of document Assi:ssor'sPropcrty Tax Parcel/Account Nuoobc.r. a. Add1t1onal leg31 is o"n page __ of docllment Th~ Auditor/Recorder 'MU rely on t.."u: information provHled on lhe form The sta.ff'w1U not read the iloe:ument to·verifu the actiu~("U or cornoleter.css of the inil~:imJ? information orov:ided hereln Station Id :IXNS KING,WA Page 1 of7 Printed on 12/10/2008 7:41 :20 AM Document: ODN 2001.021300!297 Branch :STK,User :8792 KING,WA Comment: CERTIFICATE I, the undersigned, c;.-rq Cter1rnf\h3 City of Renton, Wa!lh:nat,n certify that this 1s a trm N?P· fV4/ Subscribed and S ORDrNANCBNO ~ AN ORDINANCE OF THE CITY OF RE!'ITON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (MERLINO-EMPIRE ESTATES ANNEXATION) WIIEREAS, under 1h~ proV1srons of RCW 35A 14 120 as wncndcd, a pct1t10R m · wr1tmg, rcquc<:Un!J thnt cerlam tcrn1ory conllguou<: to the City of Renton, as dc-.cnbcd bcfaw, be annexed to the C1[y orRctilon1 wns presented and fired wn:h the City Cl!!tk or. or abouc MDy 22, 2000, antl WHEREAS, prior to lhc fi!mg 11.nd circulnuon of snid pct[lion fo.f annexation to lhe Cit)' otRcnton, lhe pebtl<lmng owners notified the C1Ly Coune1l ofthcnr mlcnllon to commence such pracecdmgs as provided by law, DS: more particularly :ij')CCificd m RCW 3SA 14 120, llIJd upon pub!,c hcanng thereon, ii hDvmg bci::11 dctennmc-d 11n.cl 1he peUioning owriers fuiv1ng agreed ta n"WUmc the pre-exr:;lmg bonded indebtedness ofOlC City of Renton as 1t pertains to the tiJmtory pelrt10ncd to be ,mne:xed, and to accepl that portion of the City's ComprchC'nsive Plan as I.I. pertains to the territory mc!udmg the DJlPhCllblc Zoning Code relo.ting thereto, :md WHEREAS1 the Kmg County Department of Aswssments hns exnmincd omd vcr,Jicd the SIGllll.lw'C.s on th: pctit,on for nnnex.at1on and tlclcrrnmcd the 11S9Cssed vah.iahon of nil the propcrt1CS, the same bemg m excess of sixty percent (60%) of l11c Mell to be Dnnexc£1, m value, as provided by l,xw, end the pe1111on nlso sc.1hnc forth the \egnl descnpllon of the property according lo i::ovcmmcnt lczal 'iL1bd1Yl'l1on or plal, .and !he lkonom1c Development, Neighborhoods nn<l Strn!eg1c Planmng Dcp.:irtrncnt or the CJ\)' of fumlon hn.vmg con'>Jdcrcd und rccommcodcd the annexing: of ~aid pror,t."Tty 10 tr1e Crty-0fRenlon; and ".eJ Station Id :IXNS Page 2 of7 Printed on 12/10/2008 7:41:20 AM Document: ODN 2001.0213001297 Branch :STK,User :8792 Comment: ----------- ORDINJ\NCENO ~ WHEREAS, the City Council fixi;:d Fcbnuuy 12, 2001 illi the tune Qnd place for public l~rmg 1:1 lhc: City Coum::11 Chnmbcrs, Crty 1 !all, Rc:olon, WJ.Shmgton, upon the pchl1on .nnd notice thereof having been given as provided by tnw, nnd WHEREAS, purslli'u'1t to sttrd norJces public hearmgs: have been held at the tJmC and pf:icc s.pcciftcd fo the no11ccs, :md the Council h:ivmg considered all matters m eonnc,;..tlon wllh Ibo pehl1on and further detem,1:icJ tha~ nil lcg~l rcqurreracnls and procedurt$ cif lhc lllw applicable to the peution method for n.nn.exction hDvc been met, and WHEREAS, the Kmg County Boundary Review Board hnvmg ddded certain temtonty to the nnncx11ho11 pursunnt \o tb powers-, 11.nd the owners of"thnt lemlory, eornmonly known as the Empire Estates apartmenl comp,e;)(, havmg agreed to be annexed and lhc Klng County Ooundnry Revrew Board r..lv!ng deemed the flNot1ce of !ntectlton" .appro"«I as of January31, 2001. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REN rDN, WASIUNGTON, DO ORDAIN AS FOLLOWS SECTION I. The Hndmgs, rec1tnls., Md <letemunattons are hereby round to be true and correct m all respei:::ts All requ1remenls of Lhe· law m regru-d to the anncXdl10n by peUtm11 mc!hod, mcludrng lhc provJsions ofRCW J5A 14 120, 130, ]40 .nnd ]50, have bcc.n met It 19_further dcternuned Iha! the petltmn for nnnexntion to the City ofRcnfop ofihc property nnd temtot)' des<;ribcd l>:low 1s hereby npproved and granted, the followmg de'JCr1hcd property beuig oont,guous lo 1he City hm1ts of lhc City of Renton 1s hereby annext::d to the Cny of Renton. ond such annexation Lo he effective on i,nd nner the approval, pussnge.. and 2 Station Id :IXNS KING,WA Page 3 of7 Printed on 12/10/2008 7:4 I :20 AM Document: ODN 2001.0213001297 Branch :STK,User :8792 = = ,.,., = = '" KING,WA Comment ORDINA1'CENO ~ publ1eD.llon offh1s Ordmnnce, and on and aller said date the property shiill constitute l.'I. -part of lhe City of Renton iDnd shall be sub;cct to ol: 1ls laws nnd ord1m:mccs then nnd thcre.ificr 111 foree nnd effect, the property being described as foUows See E;dub1t "'At, attached hereto nnd rr.ade a part hereof -o.s 1f fully set fortJ1 hcrem [Saul property. approxmmtely 87 5 oc:rcs, IS located between Martin Luther Ktng, Jr Way (SR~900) on the north, the BNS(i' Rmlroad nght of way on the south. (ell)' l.tmlls), Renton Recycling on the west (c1ly hm1ts) und 81 111 Avenue South (if ext.ended) on the cast] and the owricrs--petit1oncfs of the propet'l.y sh.a!! assume. \he pre,.existtag banded mdehtcdncss of the Ctty of Renton 11s proscnbed 1n RCW 35A 14 120 as rt pcrtnins to the property, rind ihc property to be subJect lo the City's Comprehensive Plan und Zomng Code SECTION JI 11us Ordmnnce shnll be effective upon 11'1 passngc; i:ipprovn~ and five d.nys aAer its publ1cot1on A certified copy ofth1s Ord1m:mce sh<1ll 00 filed w11h the King, County Counc1t. St~le of WashlClglon. ~ as otherwise provided by l.iw PASSED BY THE Cl.TY COUNCIL~h1s 12th day of February , 2001 ) Station ld :JXNS Page 4 of? Printed on 12/10/2008 7:41 :20 AM Document: ODN 2001.0213001297 Branch :STK,User :8792 K!NG,WA = = "' Comment: ORD IN A. \/CE NO .-M.il.. APPROVED BY THE MAYOR this~ day of Fl:'bruary ,2001 ~-~· 4' .-~ Je llnner, Miiyor '-'"" Approved as to fonn ~~~ Dale of Publical1011 2/16/2001 { Su tr.ma ry J ORD 913 212/01 mo 4 Station ld : IXNS Page 5 of7 Printed on 12/10/2008 7:41:21 AM Document: ODN 2001.0213001297 Branch :STK,User :8792 = = ,,_., KING,WA Cornment: ORDlNANCE NO. 4891 EXHIBIT A· Merlino A.n11txi:r.t10n Inelud1ni Emplr!: Estates That portion of Secbon I3, m Townsh1p 23 North. Rang~ 4 US(, WM, m l<mg County, Washmgto!'l ilcscnbcd as (oUowt SEGINNlNG at lbe mtcrseoeu:ia of ((1,:: ioutheastcr!y nghl ofwa)' mvgm of gist Avcmic South with tne norfucrlynghl of way ma.rgu1 afMart.;n Li.:'L.1~r King JJ Way (Stat;, lload No 2, ;,ka State Route 900), S111d 1nte:rsect1,on bcmg, poUit on the e):;:stmg c,~ L1m1ts: or:Rrnton a.s anriexcd by OrdmD.ncc "#l 764, Thence Sl)\lthwester]y along the southwester\', prOJeetion of sa1d s.outhc.a.sterly nght of way margin, ind sa1d City L11mts, to an intcrscet1on Wlth the sot1the.ly ngbt of WJ.Y mugm or 1bc !ormer Bc:acon Coal Mme-Road, v101todbyKm1: Cou11rj Comm:$.lior.wJoW'lJa), Vol 2.5', page 3, Thcncic west~ .and So\lthWi=:sterly a.long n1d scuthcr!y nght of way margin, find siud Ctr,' Lnnus, ta :a.n Lntcrscc:bon. Wltb. lbenonhcny Rlght--of-Way \me ofBurlmgton Northern b:llroad, Thcnoc .s.outh.wutcrly and we.skrly alo=ig $aid northerly R:ighc-cif. Wa.y hnt, a.nd u.1d Ot'/ Luntts, to an mlC1'secnon with the southerly extension of i:he west 1mc of Lot 2Si:I or 1uncbon Add111on 10 Se'ltLlc as recorded 1n Volu.nie 12 of Plat£, page 75, r~otds of Krng County, W~hington.. sJ.Jd mtcrsc:c11on ;a.\so being I pomt On the Cny Ltrru~ of Renton It$ Rnne,ced by Ordinance #4642, Then:ic northerly along said southe:rl~ e:dension a.nd wcs1 lme, and cont1mn-ng northerly along the wcSI line of Lor 10 of .said Plat, and .i:loog said City l1Ill'!b, to .r.i intersection Mth Ille margm of a 50-foot radtw cul-de-me 1.t the end o!South 139th St:-eet, ~~ northw~lc:-ly aod northeasterly 11long said DWgui. and man! CJty Lmot&, to an ,ntersecuon WJtb the westbne of Lot 7 of said Pla.1, Thence nordierly along Had west lUle, a.id r.ud Crt)' L1rn1ts, and along the :,,Qrthcrly ~CTI!llllll of sn1d wi:st line, crossms: South 137th Street, to an 1ntefscct1on WT.th the northerly nght of way m1ri1n or said S«.e~ 1licncc easterly •long said nortr.crly nght of way margµ,:, to an mtersi::ct:ioa With the west line o( Emptre Estates, as r~,orded lJl Volume 28 ofCondorn1rnWT1s, Pag~ 106 -120, incltm~. under Reco«bng No 790'l:200797l Rc:cotds. of Kmg Coun~. Washington, Thence North ,long the wesl !Inc of said eor.dornmann, a 1fatantc of 418 4-:3 feet, Thence Ell.st along said wcs:1 line, a chsb.nr;;c of:50 fec.1, Then.cc North afan&:.u1d wtst Jw:, a d.1stana: o{l/9 ~s r~~ t¢ ~ mtcrsec'lloo with the southerly nzht- of-way margin ofMutin Luther Klr.g Jr Way, Tbenco northeu:terl)' .Jon; 11 lme pcrp,:ndicular to ;11d SOll'tllerly nght-of~wa.y margm, ~C"O:UL~& Ma.rt,n Luilicr Kmg-/r Way, 10 ll!1 mCcC'liecuQ11 Wlth the northerly n&:hl-of-way mMgm o! Martin Luch(r Ki.ng ]'( Way, Thc11cc southeasterly .tlc:mg the vanous .:-ourses of s,ud mnt.\.icrly ngb1-o!-w.1y margm 10 the Pcanl of Begmnmg Station Id :IXNS Page 6 of7 Printed on 12/10/2008 7:41:21 AM Document: 0DN 2001.0213001297 Branch :STK,User :8792 Comment: Station Id :JXNS ORDINANCE t-/0. 4891 '-' 0 00 8 8 00 ... ,,. - 0 • • .:'I .i a il § .ll u j ! • • • _g N ~-;; .. : ~ j • ;,l .l! " ~ ~ ~ ;; .s • g .. f;' ;: ~ :,. ,ll J 111 ..... 0-, ""' Q 00 ::, .s "" i:: "" ~ C, p.,. = I'::: = .8 J '"" l:l ~ r ~ • I'::: • 0 l •.p i o:! ~ ' • i . § . 11 Hi <: ~·· 0 H!I i::: ·--~ '"' ~ <:) 2 KING,WA Page 7 of7 Printed on 12/10/2008 7:41:21 AM Document: ODN 200l.0213001297 -- .2.©1{03 \ \ g 00015 tbB/ -2.33 CITY,:\)F RENTON LLIA-03-124~LLA ·•· :--· .. CITY OF RENTON APPROVAL: CITY OF RENTON PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT RECORDING NO. VOL/PAGE DEPARTMENT OF ASSESSMENTS EXA~l"IED AND APPRovrn Trl1S _LL_ DAY OF~--· 2co..."1._ UMIINf.L' ~.ND #'PROVED ms __ j_ DAY OF _l:i_Al't. k -----· 20 OlJ. ,,.,tJ}Jttf,,:UJJ -f,n i:;l"t.u Z.r».1111tlfolH,ut S::.o:++_ J:lohl e. ~ ---------------SCALE: 1 INCH = 200 Fr. [IIlIC====== DECLARAflON OF L[Jl Llt,.jt·"Ak:._lU'.:-IIMt-.NI: '''"""""" --DFPUTY ASSlSSOR_A~--- ·. . •• •· .. · ..... ,.J I PORTION OF =.=.. I SR_.~0) L.L .. C.~ ~ -~shir.~_l6:1 limiteQ-,=H·~.biltt,y·t:om~_any, hefeby (a) ACCOJNT NUIABE.R /3.23Q4...9{JQ~9:...gf)/O ·.,,, ... wl,f,es thot ,t,• the _q,mec of the-foods sobject'lQ the Im lice S 1/2, S.13, T. 23 N., R. 4 E WM LN0-30-0273 0 100 200 od1ostmec,s .!"'t foc_th· he<ela, (bl, mc,es the so·jocs lot 11,e ., .. adJusl_men'.y.•fo tho~~ la_nds a:;·-'sef /dr'{?: hereir ond."_'\c) imposes ? nob~'f.=11rowth P.,otedio_n ~.Qsernent up_b,., Tract ~:"-os describ:,",P.. -~~--l.).ea porogrcpQ:\::onc:ern1ng.·Trcc: A se.r forth in .H,is instc:.am'e'nt. STATE CF WASHl~IGTON ) SR 900 L.L.C. LOT LINE ADJUSTMENT S 1/2, S.13, T. 23 N., R. 4 E., W.M. . -· -· .. ,. SR 900 L.L:lf.', a Washi_h-;tor . _. limited li::ibf:ltx compq'.\y .: By: Gary M. ~n(/06~-no M. Ml;lino _ .• •' Family I rusl NQ 1. :1.1;'.o/d 1}/9/90,.:ils rnenl:ier By -_d!, --Ji,/ / ~ . 1c~:~~----~-- C""\: __ -• . By:~~--- Dionne Merlino, Trustee By Donald J. and Joan P Merlino Family Trust N,::i. 1 U/a/d 8/~/90. i'.s mem!:oer By_§_~-A~------- Steven A. Merlino. T n,stee Dy~-~:f~~~~~~~~~ 1 ss 'tbiJN.W. OF KING , I certify ui~·.1 know or ho',!e'·;~ti~i~~;;;y··,J,ii:~'dence that DIONI\E • MEJ?-LINO ·s th'.) persop;.:;iiti9::·cippeared before/Mc and acknowledged :h.Gl she sig·rieC t!l~f inShu-nenl, !?I'··QQ{fi stote?d that 1c wos qtfthorized (6 ex.._ec'ute the instruffient ·and cckn,()wle'dCf!.tr'·it·:.i.s .,-o· trusteejif GAA'( M. Ar-.;D JONN'k·.~. ME~~l,Ntj FAMILY TRL.5:r 'NO. 1 U/.A/D 8/9/-~0 in ils capo~)' _1,1S··~~:mernber of SRAiCO • L.l .. C., .(!· Washiri.efton lim,\eC. jioblrity.~fompo1y, lo bv·tti,e,:'free.-:=· and siifuntory ad al such.·.11ini1'.:eir' li_cliility company flir. the use,(· ar,j' purpose.~= ·rnenlione9::>in tl1e i~tr.~,rnen:. \.: '~ated ~ ~~~~~----~~~~~~~ &/JM .n, -~-. ,, ..... ;;"",,,; .L~:J::;i:11;}1.t...J:! -----~::t-"'\... __ Q~,4,.--• ~ t ,;;o0 q,-·· ~o'', - • • • ,I .}'Q I' +-,,, 'J,'• _ ta.t:'.\L~------Not?"'J f-'ublit .. ~-'4-::::..,'3.,!-,,.-y~--f Tit e~ J · : , " ~ '1y Ap~'.~S!, folces . ·. ···.·~ ... \r;,i ;~;;. ,lo// STATE OF WASHINGTON ) ·=:'-!i.._,,o,.· "1_1}•,s't"-~~----•• -~ ...... ,\"'~~ ) ss -.. COUNTY CF KIJ\.G ) I r:,rt:7y thc,t I ~-Vi,., C' h::ivc s::::isL1CO"/ evidtnce t>ia: ::>T~~;·~ A. f,11 lj 11\.C"; L,; 11-,,. pcr:;01 wh:, oppcorcd h'"fore. ·YI€ ere c::ci--~,011,ledry-rl thnt r;, r, :;ntd •:~,c i~.st1·vrcrt. ::,1 oo:h stcle'.; lhc.: h• wu:, uul.lrnriLec.' l0 o,.:culc \:le ,,·~lr,,rrw1t or'.: :cknow.e:i;c~ t os o :r__.c;lc,: 'J'. l_;,:Jt~;\,I) ~: .",NC JCA'-..J F M[1·!_1 NC :::AHIIV ACK\Oi,'L..~L'.C:\1[~TS i"<!.:~T -..;;; ·1 L/A/0 8/:,i/SCl i· ,l':, c:.ipud; <l~ u T'}rnl::er ::it .-: '.:K 90:J L. LC., o W'..d·.1r,q\on licr,i;:eC ]iob:1;•y cornr;cw)', l,_) De l··,,c S:".All Cf-WPS1-l1MGT0~J ;.::·· free ona voluntary act ot such limited liability corr;:iary fer the .S ss uses a1d purposes mentioned in the instrument. COuNT" OF KING_._.-:' .. I ·•· . . •. .. ,o·;;t;;·--~-'i~'JJ::Dli ________________ _ I certify lhot I ki'jOy; or have sati~f11et,oy'ev1dence thq.t:"'GR[:;,G(; ~ 4v1 "7":)f~--~ ~ _../" MERLINO is the perSMi::w~o appeared Delore me onC q:,;~r'lowl~.dged _,_il ___ U. -l:Zl~~-----~::=:F,;;;p4r.---------.. that he si.;;ned the in·sti'ur;nent, on oa\h staled.,H1al h,f was titu .:.: :_: f4, V': ........ IA,t&''•,, • auti"orized la execute tre· l~t.r.~ci:nt (J[I~ ~_;:;,i.,rhwledge.ef· it as ""':.:._tt~Jr;:... --~"lury Pu_~l~c..4'.-....:...:...f_e'.'.,~..:~-~~~-(i.;;.:~.'.'.i., . o hste,e of GARY q\A _AN_) DONKl\"M_:·-t;1!:":!{LINC FAM1Lt1RUST /Title _ ._-·-· =,.. _/ .......... . -[ '/':-f~,-:::..\-;:_,· \\ \ NO. 1 U/A/0 8/9/.0 1~ its capac .y cs a member of. S 900 .--~J;f(l ____ --!---'""'"--------....,.-~----=-.:-----~ L._.C., a Washington limitP.d liabirty _com;::,any. !(1 be ·-1te free ·'My.hpP~ointrnent Ji'oir~_.;· .•. -~ ,\ 1:·._;,~1-\: /§J and voluntary ado! su~h. limited_ liability company fer n\.c uses _,._-.,· .:-· '•{\;· ..... e.,-cf: .. -··/;·f_.::· and purposes ment1onec 1n the 1rstrument STATE OF ,~ASHIN<;;.J{)N ) ,.-·~;,(.e._o/;ji~Y'~,..,..·.:·: iOoced ~r;,"1~~!:{ ____ :.,::::,,~'[:~;;,~~-· .. r,,,d1~_JJ_(,,,,!..!LJlbfL~~ ... <---F:9-4.-~s,~_or';?~.:i.r,;--~ ,!O.-·/"' -t..::;.--.:-i, ,, -'.wt:i;===::~:_:~:::=L:e~:~~~1;J_. My Appointment Expires '•, ·..,/·-. .r> 1.01 ... · $·.~ '•,,,( oJ·w~~.,..,\~f '''""" ,~~---- ACKNOWLCOCEMENTS (cont'd next cc:umn) \:OLJN"fi''~F KING .-) 8 ~{ ,,,,,,1,,~,.~,--.. I certify that I k:i~. or haYe.·S~'{iSi~~~·ry:e11i~enc'o l~ci'!' MICHAEL·.\i MERLINO ,s the pers't'll]. who appeared befor:<:!> 'ITle an.G · acknowled'r,jcd that he signed the i:"ls.~r,t.J!_nent, on .Pd'th sto~e<:/ trot ht:,'.-wcs authorized tc execute the··m~m.im·eht and cci(nowledgd: it as o lruske of DONALD J. AKD JOAN P. MCRi,]'NO FM.ill Y :t~J..1ST .·: NO \ U/A/IJ 8/9/90 iri its capacity cs a i:.iember of SR. 9"1:JQ·' L.LC., c Washi'lgton 1:mited liabilily corn:::,01Y;. to be the free and voluntary act of suc1 l'mited liability cOri-ip..:_r.iy .. .fclf ._c!ie uses and purposes mentioned in tre instrument. · 'ht •.. , L ,J n,-,.,,., ..... "'" Colecl: L~.::J.l-..,£J,AJ+---------:..,.-;-:,.~·,,,, ~ /1,1/ "',?,_:.,...,;~., ~o'l~ .. .,c,,;,:i,i~/o),,, ...1J!.ti_k:J}..LJL•~~-------i--T#-_~.,,.-~· .. "' \ e Noto , P · f (N z'~:::? ·~\ i -~:. __ .. ,· DEll:.RMINATION ON THE BASIS OF THE REPRESi::NrATiONS HERESY SUEMITTED, f,---lE CITY OF RENTOt\l ADti1N 1SIRAr0R Of THE DEPARTII/ENT OF PL.ANrs.1ING/8UILD1NG/ .f.UBLIC WORKS HEREBY HAS APPROVED THIS LOT LINE ADJUSTMENT NO }'Ll)A:-:9.~-124-LLA UNDFR Tf-:E PROVISIONS OF CHA?TER 7 CF TITLE 4 or T~ RENTON MUNICIPAL COOF ,. ;J-e:j uJt,J;t, f,J-, 6~~~ f'1Mf"(C1'"'*fa,f ADMINISTRATOR OF PLANNING/BLJ{-.. _ ·-··-· ·-.. ---·---~"- , --·-·· ·.' ,-.-... DATE ·RAi~'r'·-p.-, .. -. SR ::!U1J ··cc_\:.'.·;-;-· V,'cishng.t:-::,n imit_'.'j 11:..Liil:1,::-\ompariy, he 0 cb; deci::irec: Tract .i:, .. J;i . .d_cc, dcd c·1 _l(lis Lo'. _6-nt': AdjJ?!.f'"enl k, b8 n trcct f:J1 veer _~Jli;C,"i nnrl (:0 ~~er•1ctic'.'.:·t.f rvt.!0-'-vicq,.•tol.6i1 subiect to: ,;o}·i\"ri··~osf.-nent tq-_·Y-c Ci!{\:1 ·(,.,n~o~=·nllcw,n,~ ::: c:corln.,; o[ ~1 2C}--/.::,::;· wide striP. of lanc;J.:-in a ~herally n(;it"h-s::,uth dirl'cdion over, undc', crid ·=uerosS.1ny pcr~i.~n of Jract A fo.r.'·install-::1tion, use, rrwintcnonc.'", repair and ~~°i;_Qrtslrui;{ion of::O wcter rn.Oin and appi..rte1onces tr,ereto: and (b) A ~~~~-~·~·~ dr:~0-~ge ea;i-.€:i:ent 'or the benefit of Lot ; ol this Lot Lin€ Adjustment olloWir'lg.:th~::owner(1) of 1_ot 1 and their heirs, successors, personal representativcs·~ljr,d assiqns to clear strips of la,d of up to 20 feet wide in a ge1erally north-to-south direction at he location of all culverts discharging south fro"i a::iutt:ng SW Sunset Roulevord (SR <JOO) arid install, use, maintain, repair and reconstruct ditches and drain pipes and oppur:.enances thereto over, under, end across those strips of lar,d Subject to that water mc1r easemen: and lhot reserved cra:Mge easement. a native growth protection easement ("NGPE") is hereby irrposed i.:pon lract A for preserving native vegetation and fer he ccn\rol ol surface water a1d erosion. m<1intenance of slope stohility, and v>sual onci aural buffering. p-ohibiting all present ard future owncr(s) of Tract A from disturbing cny trees or other vegetation with·n the NGPE unless done pursuant to express written permission of :;:he Cily uf Renton. This .. prohibition shall be enforceable by the City cf Rentcn. Except cs ·~r-9vided for above, the owner(s) of Trac: A may not cut. prure, cover wil.~ f'II, remove or darioge the vec;etotion within it: orovided, howeve', thq~.tM""OWriRrf.~) may install landsccping withl"l it. 300 400 500 f1~.;-~-------r) ubl1c 1~,;.\-7)-CG,JV ./J j Myt}i;;£~\E~;1~e-; ____________ _, __ '.!.,f.::ttt~ti~>-.; ···· .. _-:: :_-. '·: .... ,,.·.'=:. · ·: .•. : .. .-...... ·._._ -~· .... f~,. ... n, I ""·"'" c,,, a,\07000<\_'.63S\s"m,\;C"<s\m0e','.' ,., c_me/TOms O!/,c/200<· :P''"_."~''';.:,'"'Y'""'""' '"'' ·-··~-I ... ~ ~"'"'"~"'"''"''.-,....,...,.....,..,,...,,--,-r, I r-1-1.u,. ltJkfi "·~ 11_... .---~~ ~:~ :...:.. .. ~·. ···- Lo:( uNE:AoJuSrMEN'T LJ:iA-03."124 RECORDER'S CERTIFICA,E .:i.oo40~.\\':JOWIS L/\ND SURVEYOR'S CERTIFICAI l .q..0.["1~(/&" 18215 72ND AVENUE SOUTH f-lU-'.D FOR RECORU Tl-!·<; AT ~:Q). PM IN BOOK IL DAY OF \,\"( ,2004. OF j{,l?, .. AT cAGc;l_O'.',AT THE REQUEST OF BARGHAUSEN CONSULTING ENGINEERS, INC £t0c~";~ ..iJ;\-N,,,J,..;. b · SUPT.· oF .. RECO~cs -HIS LOT L!NE ADJUSIM::.NI CORRECTLY REPRESEWS A MAP MADE BY ME OR UNDER t.lY DIRECT SL'PERVIS ON r,. CONFORMANCE WITH THE REQUIREMENTS or TH[ APPROPRIATE. STATE AND CJUNlY STATUTE ANC ORDINANCE IN DECE~BEjt, ~3 ~c~~ KFN', WA S8C32 111' ~ 't. (425)251 6222 .,, / "°' (425)251-8782 FAX i-1, "'"' f CML rNGINU:.RING, LAND PLANNlf.G tJl "" SJR\/EYING FNV1RC1NMEWAL SUNICl:i "<)' v,,~ ING ENG.\~~ OWN. BY PCW CHKO, BY £)(FIRES O) -15-·06 DJS -~i:>.-11: .:· . -· •.. 12-.·.:22-0::; SCALE ,· 200· 3 MQAO~l\ '<l 000\6 RECORDING NO. CITY. -:bF RENTON LUA::...03-124.~lLA ,· ,. '•: .. SR 900 L.L.C. LOT LINE ADJUSTMENT S 1/2, S.13, T. 23 N., R. 4 E., W.M. LND-30-0273 . -.. ,, E~~E'.AENTs:.ANo FEsrn 1 c110Ns _,,· · ~· •' .. ' . / , ._.:··1 Eas:i~enf·°f::ir on el~_t.1'~1c trcn·&-11ss1on :ijstem.-RCO\i~d Morch •. l.Z.-:/~ 19'8 ~ndcr K ng Cour;Jy Rccord1_r.9 No 1198LO~:-·· _.::' ·. ,,·· ...... ,; . . 2. _._-.-_;est rid.ions se~ :f~rth in .i;i;~ccrded .·'.'Oevel}p'i'i)ent Agreement"./ ,./ . ···Between t~ City of 'Re1Jwi·-·i.]nd SR 9Ql;f L.L.C., --~-Wcshinglon l~lte,f' liability comQony, dcted December 1 Q/ 0 2003. · · · . _.::· 3. Matters (}\:rrl';),t~:it mo:;iy.,Pi~-~~sr.los~.1··-hy t~e StJ-'l'Vey perfor:~ .. by Earghousen Cor1sulljn~·tri~ln"eers, lr.c. re.~Ordcd Dcce'lnber 12, 19~.(1 under Kng County Recording No. 901;:':}29007. · .:· SURVEYOR'S NOTES 1. All title inbrra.ation shown on :his map hos been 6~toined frq(r1 the 'Second Subdivision Guocantee·· issued by "lrcnsnation Tit!tf·· .. _ .. ." Insurance Company under Order No. 20017041 doted December'· 15, 2003 In preparing this map, Borgroi.;sen Consulting Engineers, Inc. has conducted no independent title search O'ld is unaware o' ony tille issues ~ffe<:lting the property other tl:ar those d:sclosed here::m. In vsrnrif.q -'.hi,i·;-i,:~. Bar::ihousen Cons:J!tinq E.1:;iinews, Ir;::. h:s rslied solek" ·Jr th,; ab-:,vC:0 ,ef,;renccc.l '.:=c_·,~·1C S·~bciiv,s,011 G.J,Yar1k:0 'JS :-:~·-p~0pe·:/s ;_:l_le c(w.Crli~:n. ·.·2. Tl:c l:·:.i/'1 ·J.,;,.' ·his r-ap··s_.i,jEcrr·etry ·s the Recor:' :::,f Sur.ie, dm·:1in:i p.;rfcr.-r1er.:· :Jy G:·· :,i!rn·J:~en C::ii:ir,t I: in(J r n_iir·<i::f'i ·,c ru:mcfo.~ December" ·2. i 1Y:'.;G under Ki~t Cc.,nt:,, Recordi1c; \J:-. '.:C·1F'.)·C~O~:; .... ·.••· .. • ,.,· .,• ,,· LE.GAL DESCRIPTON PARCEL A (TAX LOT NO 132304-9006) lhct portion of Gove-nment Lot 7 in Section 13, Tawnsh';:i 23 North, Range 4 East, Willcmette Meridian, lying South of Sunset 1-fghway (Prima')· State Higr'way No. 2 and also known as SR 900, Empire Way South, Martin l ulher King J,. Way Sol-th and SW Sunset Boulevard) and North of the r;gh;-of-way of Chicago, Milwaukee, and S: Paul Railway Company and Pacific Coast Railroad Company (Burlington Northern ard Sank Fe Rcilwoy Company); INCLUDING vacated Sout/-J-;.J.40th Street (c.k.o. Bec1con Coal Mine ···.c9.mpany Rood) lying )¥i{h;'ri\:oig. portion of Government lot / pursuant to vaC~tLDn under King .i:::'Ounty (:ij~missioners' Journal Volume 29, page 3. Situat~-."-~n ;he Ci:~·}'·:;·;\:~i,t.:',( .. County of King, State cf Wasl:inglon. . .-., PA~cii 8 .(TM LOT tJll: 132304~9!)19) .. That pattf~n o~ th;/North Ji;:i{~f the S~~-t~ecist::.c:uarter of Section .. :~\=· Tcwn;tii"p 23 Nq-:-t\ Range" .. "1 .. _.f:_asl, :.YiUo.r;,-,qt:r: MN;~i:J.n. lyinq Sout'.-:{Of _.::· . ~~i~,9II1,:£~i~1,;J;~i~:tJ1:;i~':;:~: ;f :~;rJ:,;:::~;;~R.:t .<Pou· Rci iW\Jy Cory.-;pary anr. Pa~J1; •.. (~p9s' Roilrcad:.tonp(]ri~·: (nur11rt1l.::,1: ··f:Jor.th;_~(.i' ar.d S/f·t•J r:-e F;i;i:Tii:'i}' Co'i1.~6f'i), -.· ·: ·· INCLUDING bo\<(.1;. vacot"e·d·s::>i-, 140:1 Strf~i (:J .:::S·: G·:accn:-'Ccol 111·re Com0any Road) f§tf'.lg_ within soic P,Ort1on o_E:·'lhe NWlh half o{the Sodheast quarter pursuant to· V<ltd~;!J11'. liri3h King _.,";Oun:y .·C"ommissic.1:1·~rs' Jou"nal Vo ume 29, page 3 and (2) t~f. vacat~c}· portipi"i of 82nG·:·Avenue Sou~h yin,; within said portior. of the ~or:h.°riiJff:.~·.r ltie _6GuU11;ud .i'.!l.l(.1rle- .~: EXCEPT l!iul µvliun of lhe North hclf of the··"So:.itQeb.st qJarler, lying South cf o iine drawn frorr the Norfrwester!y corner 01·to: 15 in Block 1.3 of suid plot of Earlington and runnirg thence Westerly a distance of 1250 feet :o a pain'. on lhe Northerly lir1e of S(Jld right-of-woy of the Chir.090, Milwaukee and St. Pou Railway Company and Pacific Coast RailroaC Company, scid poin'. being at right ansles to the r:enterline of the ma:.1 tracks of the Pacific Coast ~ailro::id Company (Gurli~gton Norlhcrn and Santa Fe Railway Company), at o poir·t therein diston; about 2050 feet Westerly, measured along the centerline of the main trnck of the Poc:ific Coast Roilroc:cJ Company (Burlington Northern and Santo Fe Rcilway Compary), os now locatec along said right-of-way, from the i1tersec\ion of said ce1terline with :-:\'hP. Fn:st line ()f f..Oirl Sedion 1.3; Situ.I'!\€ in tfre_:.City of Renton, County of Kinq, Stale of Washington. -,, - VOL./PAGE ''-f I z.34 .:,.·.· q...GHA(J& 18215 72ND AVENUE SOUTH ,.. ,SR 90Q L.L.C;° 111 . '·''"' ,i. (425)251 6222 V°~. ; _ . ~ KENT, WA 980.32 .,,, / _., !. .,,. (425)251-8782 FAX " , . ! . o· ';_ ,~;~:_,,,_.· ~ CML EN~INEERING, LAND PlANNINC, LO:FLINE ADJUSTMENT' LU'A-03c.1'24 f-1 D-W-N.-B-,~0.-~~1 0~,,+.;~· ----·-"··-~w-----e-----l :· .. -12-_~:...o.3 tJ1 · · . . ,:;;:: SURVEYING, EN\/IRONf.lENTAL SERVICES ~)' ' ~~ 'Ne E:NG\~t-EKPIRE:S 01-15-06 DJS SCALE , .. 3 PCW CHKD. BY 200 ------.-------,,--,-----,-r-.--------~---·,--·---·--·· CITY.OF RENTON LVA-03-t2"4""llA SR 900 L.L.C. LOT LINE ADJUSTMENT S 1/2, S.13, T. 23 N., R. 4 E., W.M . RECORDING NO. :Z.OOJ.fO'.:i 11 goco r 5 VOL/PAGE lbX / 2-3S' . ·.• .: ···. . -.--~~· LND-30-0273 1 ,, .,. ·:. -fr 1/• COR -NW .COR 13-23-4E • 13-23-4£ • , • ,, (CIT!" 0~ llENTON . H---~--N~'~_,_ ~.~N~~!~T-!.1~~1. ~i:;tlA(!..s, wf~;E r Lut·TA8L£ ••• • .-: 26uJ 05 , ••• ---•• • • : •• • ~ :···' ---------:,-;· ----------------~:f;_·~~:'N --------1\ -. - LINE I LE~rn SO.RING • • •• • • _ :: ••• _.... v --~ -------{', LI ,·.17942 N.§i•11·11-,: ., I , ..... -.,.-. u ;. 45.oo -~Os·~s·11t-w I NE COR 13-2J-4E (Cf'Y Of l>:lNlON MCNU~ENT i I 3.33} s .4 I 0 30,00'" 'l"~'JP~"E_(fllJ I .:·· W .-.... 72.78 • .-. 1>184'11'4;-.----~--, r I 4500 SJTql.'._1;i'JH/Rl' ,,. _.:-· .-_._.-: =_; .. -0 100 200 400 113.61 S4/54'52'C, I ,:· ii~ f·-ili#'!,;:tiffeli;;,,•§hffr;\g;V.;...t:·et§:"'d 45.0C :,14n:,-oe·l I I 5.00 N43"09'05"E 'R •.j,,•" }·: " Is C9 u, 2·J.OO N36'51'55"( 'R ' .~ 15.00i NZO:~."~?'lJB. -t--. -·-"" I L\1 · 10.001 so1·42'4e"E /R\ I ~ ~, L12 67."i81" S84'11'41"'w I ~ ,::J hL 13 26.0o NOS'48'19·w R L1 ~ .il.~ -~~----· 1.14 185.SSI N84'11'41'E Ll4 .IJ l_!S _1_2.101 N0!'/7'12"E NOTE: ALL EICARING5 NOTED I'S (R) ARE RADIAL :r"\~S r:,1,t\'.'l~~t:\9~-\1C /• --_Jf·:~I>~~ --~~=~-~-; ~ _:· ~ u: )>RCD-t-o \'.' LOI 'ti CO 1~pc~-!0s.'i 11 0,so:i />.',;i.tsl ,;s.11ct. GCV'T. LOT / I t,~ "a ;,~ .o 0 ; r~t~~-c__c t.1 r: ri/ ... 1:->·--~-~ ·. :.t6\,(;'~·£ J'K..:l '.'?~. . , s .~~~.1--;~---~~1' 1 f)£i-'..C·N CC'1'.l ~.'.ID\' LOT LINE·-' LOT 1 1,i43.713-:-Sf (26.26± ACRES) ~!l"HC ~(;~fJ Cv1.~.1.;ro:· p,,_RC.Cl \o . • •• •• "'i/>,'1-L01 Q/;16. ''···::,.·ft!r~ ;,;cs', S ,2.914.1\ ~ I /~_:tg~,E· ~~c>J9· -.,_. 97 ,,,('/; /;f>:~-=-::0~~i-~t 'o • ~ .--.'-'>~..sacu.,r,'oh,; :>;. :-. ~ ~ ,,• -"r· \,._:. OF !WffiOA:J WJNf..NE ::;:-,r(f; 1rTJ :~ '" '· ~,.,-~· ·:,;·< ,.i1: :..Uoii\O'i"I ~~j\:\> 1 e.:.v11.cMCo 82ND AV"l!i1ilJE S ~i~ ~V' ,;,cos f '3-21-<E I ill§ . ' w w o c• 2 2 :Ji I 22 . I I ~URVE Cl C2 " " , ... / ·, ··\?''s .··.· [,/5 I:,. ";:ii'!h->" . . , , .. :'f f i _ .. -·· .-i.· " ' ~-, 'i--:: "c' 1 CURVE TAIJLf LENGTH I RADIUS 174.73 1829.03 665.40 1829 03 535.28 , esg_o3 194.06 , e 14.o: DELTA s·2a·25· 2o·so·,a· 1029·51" U07"4S" . : ·:-L •• ~ ~ 3= "-, ".. ,ff ........__,, -·-·-~to?i.. :,,:\; ,, I IQT? ~~ ~<C g)~ 10'/11'\'\0~'r.S ~ ~ C5 124.94 1814.03 3"56"46'" ·j· ~ ~ • i':' ·:_-. s•.Jl-11' gs ~GS-01'"' 5 ··... . . . >JOL " Z " 198.47 1309.03 0·17'09" c, 516 64 11:!29.Jj "f:11'03" '" /09.0.1 1s14.a3 ' .3"41· ~1 · ·su,ll>'"' · · · · · · _t, ic: IJ-2~'--4E ~ 3" BRASSY IN • ~ ____ S,!!!Qq_rr__ i1 /INCONCP0ST ·-.. ,., .: :' .• ••• .. _, •• 26968 ., --~-------·-.-----~---·-·_saa•534c · · · ~L~~4E SW roR 'tj' " --• ' ~~~ ----· -----------_: :....__ _ I\ 3" B~SY ~3-aTu~ ttJ ._..~,..,.\: -NOTE: -. ·-. -.. . -.. . .-~ -~: ·:-V------IN CASE .cg' •28.QJI 1798.031 4·04'47•· IN CONC POST v.s';7_J-, . "E ---------------~ BASIS OF MAP -• ~CORD or. SURVEY . N8.IQ'?-.l~--Cr.Y OF RENTON RECORDED UNDER RECOROINC NUMBER.·: CllY or rmnoN MONLMENT ,~8~4 ~2~4<!.C1 MCNUMlNl #754 9012129007 ROTATED TO cf"TY·Q.F: .. ,,": RENTON HORIZONTAL CONTROL .- (ROTATION ANGLE 00'00'146 RIGHT) . ; ~ . SR 90·0 L. L.c: .. 1· = 200' ~·. -... ~. -~·---, Lor'· LIN E_:ADJu.sTMErfr oH4c, ~~ ~ 18215 72ND AV~NUE SOUTH V'" ~ KENT WA 980.32 ltJ .,.. (425/2S1-6222 .,. ( .,. (42s;2s1-8782 rAx 0 u ~ f: CMc ENGl).IE:RING LAND PLANNING ,r,v . SURVEYING ENVIRONMr~TAI SERVlCC:S , ~ 1~C ENG\~~ 1----~--~~t:JA-o ~;12 4 ~TE I DJS 200· .. ~:-:. -1· '°./7539 OF 3 20040107000486.001 • Return Address: Cjty Clerk's Office City of Renton 1111111101111 20040107000486 1055 s. Grady Way CITV OF ~ENTON AG 28.011 ?11GE001 OF 010 01/07/2004 \0:20 ~ ING COUNTY, UA Renton WA 98055 tt,mpdnto,(Jp<mform,e .. WASHINGTON STATE RECORDER'S Cover Sheet (RCW6S04) ' Document Title( s) ( or transactions conta1ned therein) (all arm ,pphcable to your document!!!!!!! be filled m) I Development Agreement 2 3 4 Reference Number(s) of Documents assigned or released: Additi.onal reference #'son page __ of document Grantor(s) (Last name, first oame, 1mllals) I SR 900 LLC 2 Addrtional n.ames on page __ of document Grantee(s) (last na:ne first, then first name and ,ruti,I,) I. City of Renton , 2 Addzt1ooaI names on page __ of document Legal description (abbreviated 1 e Joi, block, pla1 or secnon, townshlp, range) That portion of Government Lot 7 ana the SOutheast quarter, both in Section 13, Township 23 North, Range 4 East, W.M.~ in the city of Renton, King Count:, Washinston, lyi!'.!9 southerly ana southwesterly of the southerly . . . . . . . Add1nonal!egalls on poge l, 2 of document Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 1323049010 and 1323049006- The Auditor/Recorder will .rely on the mfonnahor. proVtded on the form The staff WJU not read the document to venfv the accuratw or comoleteness of the mdex1I!g infonnation orovided herein I am requesting an emergency nonstandard recording for an additional fee as provided m RCW 3 6 .18 010 I understand that the recordmg processing requirements may cover up or otherwise obscure some part of the text of the onginal document ____________________ Signature ofRequestingParty (f) DEVELOPMENT AGREEMENT PARTIES 20040107000486.002 Tins aJeement (1[J "Development Agreement" or "Agreement") 1s made -and-entered into this~ day of u~ , 2003, by and between the CITY OF RENTON ("City"), a municipal corporal!on of the State ofWashmgton, and SR 900 L.L.C., a Waslnngton limited liability company, the owner of the parcels of property withm the area covered by this development agreement ("Owner") RECITALS WHEREAS, a proposal has been made for a Comprehensive Plan Land Use Map amendment and Zomng Map amendment _of the Owner's property_ that is_ legally descnbed as follows (the "Property''): That porl!on of Government Lot 7 and the Southeast quarter, both in Secl!on 13, Township 23 North, Range 4 East, W.M., in the City of Renton, Kmg County, Washington, lying southerly and southwesterly of the southerly nght-of-way margm of Marlin Luther King Junior Way (SR 900, SW Sunset Blvd., Pnmary State Highway No. 2), easterly of the west !me of said Government Lot 7, and northerly of the northerly nght of way margm of Pacific Coast Ratlroad (Burlington Northern Railroad) nght of way, EXCEPT that portion ofsrud Southeast quarter lying southerly of a hne begmmng at the northwesterly corner of Lot 15, Block 13 of the plat ofEarhngton Addition, as recorded in Volume 14 of Plats, page 7, records of King County, Waslungton, and endmg said !me a distance of 1250 feet westerly at a pomt on the northerly nght of way margin of the Pa01fic Coast Railroad (Burlington Northern), said point being at nght angles to the centerline of the mam tracks of said Pacific Coast Railroad at a pomt therem di.stance about 2050 feet westerly, as measured along DEVELOPMENT AGREEMENT--Page I said centerline of the main tracks as now located along mud right of way, from the intersection of said centerline with the east lme of said Section 13; and EXCEPT that portion of said Government Lot 7 and said Southeast quarter lymg southerly of the southerly lme of vacated Beacon Coal Mme Road and westerly of the northerly projection of the west !me of Adjusted Lot 1 of City of Renton Lot Line AdJustment No. LUA-92-070-LLA, recorded under King County Recording No. 9205219005, records ofKmg County, Waslungton. 20040107000486.003 WHEREAS, the City has assigned City File Nos LUA 01-164 and 2003-M-8 to the proposal, and WHEREAS, the owner seeks to have the Property, wluch is approximately 26.1 acres m size, given a Residential Options (RO) Land Use Map designatlon and Residential-! 0 Dwellmg Umts Per Acre (R-10) zoning. WHEREAS, the Owner is willmg to have the City grant the requested comprehensive plan designation and zomng subJect to this Development AgreemenHhat would embody the site-specific restnctions that are set forth m Section 3, below. WHEREAS, staff members of the City's Department of Economic Development, Neighborhoods and Strategic Planrung and of the City's Department of Planmng'l3uilding/Public Works have reviewed the Site--Specrfic Restrictions and concur that they are appropnate; WHEREAS, the Planning Commisswn held a public heanng concermng the proposed Comprehensive Plan Map Amendment and Zomng Map Amendment on October 15, 2003; and WHEREAS, the City Council adopted a Planmng and Development Comnnttee report on lvoitembu r;4 , 2003; WHEREAS, tlus Development Agreement has been presented at a public heanng before the City Counc!l held on November 17, 2003, and WHEREAS, the City Council has taken mto account the publ!c comment presented at that pubhc heanng, and WHEREAS, tius Development Agreement has been reviewed and approved by the City Council of the City ofRenton, Washington; and WHEREAS, tlus Development Agreement appears to be m the best interests of the c1t1zens of the City of Renton, Washmgton; NOW, THEREFORE, the parties do agree as follows: DEVELOPMENT AGREEMENT--Page 2 20040107000486.004 , SECTION 1. AUTHORITY Pursuant to RCW 36.70B.170(1), the City and persons with ownerslup or control of real property are authonzed to enter mto a development agreement setting forth development standards and any other proVJs!Ons that shall apply to, govern, and vest the development, use, and m1tlgatlon of the development of the real property for the durat10n of such development agreement SECTION 2. SUBJECT PROPERTIES A. Illustrative Map: The drawing attached hereto as Ex!ub1t A graphically depicts the Proper(y. B. King County Property Identification Numbers: The following list md!cates the Kmg County Proper(y Identification Numbers applicable at the time of tins Development Agreement: 132304-9006-09 and 132304-9010-03. SECTION 3. COMPREHENSIVE PLAN MAP. DESIGNATION AND ZONING SUBJECT TO SITE-SPECIFIC CONDITIONS: A. Site-Specific Restrictions. The parties hereby agree that the followmg site-specific cond1t1ons (the "Site-Specific Restnct10ns") shall apply to the Property m coniunctlon with the Comprehensive Plan Land Use Map Designation descnbed in subsection B, below, and in conjunction with the Zoning Class1ficat10n descnbed m subsection C, below: (1) The maximum number of residential umts that may be permitted on the Property shall be 69 urn ts and all of such units shall only be smgle-fiuru1y detached umts on md!Vldual reS1dent1al lots; (2) In coniunctlon with residential development of the Property a mtill!nurn 6-foot high fence shall be constructed along the south side of the development for the entire length of the development (1.e., from the west edge of the southerly projection of the westerly-most reS1dential lot to the east edge of the southerly projection of the easterly-most residential lot), winch fence may he either north of or south of stormwater fat:ihties ant1c1pated to be constructed along the southerly portion of the site and along the RC-zoned strip of land owned by Owner that 1s legally- descnbed m the second "EXCEPT that portion " paragraph of the Property's legal descnption set forth on pages 1 and 2, above; and (3) No residential or recreatrnn bmldrngs may be constructed on the Proper(y w1thm I 00 feet of the Burlington Northern and Santa Fe Railroad nght- of-way that lies to the south of the Property DEVELOPMENT AGREEMENT--Page 3 20040107000486.005 B. Comprehensive Plan Land Cse Map Designation: The parties agree that, subject to the Site-Specific Restnctions set forth above, the Property shall have a Res1denllal Options RO) Land Use Map designation. C. Zoning Classification: The parties further agree that, subject to the Site-Specific Restnctions set forth above, the Property shall have a Residenllal-10 Dwell.mg Units Per Acre (R-10) zonmg classificat10n. SECTION 4. TERMINATION OF' PRIOR DEVELEOPMENT AGREEMENT That certam prior development agreement perta1mng to the Property recorded under King County Recordmg No 20001013000434 is hereby termmated and shall be of no further force or effect. -----------------SECTIONS. EFFECT OF THIS DEVELOPMENT-AGREEMENT-------------· Unless amended or termmated, this Development Agreement 1s enforceable durmg its term by a party to this Development Agreement; proV!ded, however, only the City may enforce the Site-Specrfic Restnctlons. Development of the Property shall not be subject to a new zorung ordmance or an amendment to a zonmg ordmance or to a development regulation or standard adopted by the City after the effective date ofthrs Development Agreement unless (a) otherwise provided m this Development Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zonmg ordmance or an amendment to a zoning ordinance or development regulation or srandard shall apply or (c) m the case of a new or amended development regulation the regulat10n is one that the City was required to adopt or amend because of requrrements of state or federal law. Any development penmt or approval issued by the City for the Property durmg this Development Agreement's term must be consistent with tlus Development Agreement SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.!70(4) the City reserves its authority to impose new or different regulations to the extent required by a senous threat to public health and safety. SECTION 7. RECORDING Pursuant to RCW 36. 70B.190, thrn Development Agreement shall be recorded with the real property records of King County. Dunng the term of the Development Agreement, the agreement is bmdmg on the parties and their successors. DEVELOP:MENT AGREEMENT--Page 4 20040107000486.006 SECTION 8. TERM Tlus Development Agreement shall run WI th the Property until amended or rescmded by the City Council m accordance with Section 9, below. With respect to any portion(s) of the Property that are not developed, the parties to this Development Agreement agree to evaluate the Agreement penodically, but not less than every ten (10) years Where appropnate, penod1c review of the Development Agreement shall generally coincide with the City's evaluat10n of1ts entire Comprehensive Plan. SECTION 9. AMENDMENT The proVISions of tlns Development Agreement, before the expirahon of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended with the mutual wntten consent of the parties; provided, however, that the owner(s) ofportion(s) of the Property shall be entitled to amend the Development Agreement from trme-to-ttme (with the consent of the City) as it relates to their particular porhon(s) of the Property. After ten (10) years, the City may change the zomng and development regulations pertinent to the Property as part of its normal process of alteration to ,ts Comprehensive Plan, Zoning and Development Regulattons DATED this /0 if. day of flu.~ , 2003 . • DEVELOPMENT AGREEMENT--Page 5 CITY OF RENTON By· ~-u e .;:!.. , Ln ,/ Jesse er, Mayor Attest: fu411t4 u/4/:t,m..; Bonnie Walton, City Clerk Approved as to Form: of~~ Lawrence J. Warren, City Attorney STATE OF WASHINGTON) ) ss COUNTY OF KING ) 20040107000486.007 SR 900 L.L.C., a Washington limited liability company By. Gary M and Donna M Merlmo Farmly Trus No 1 u/a/d 8/9/90, its member By: DA :trrYn e , YYu I' 9 :;:-!C\b Dionne Merlino, Trustee By-Donald J and Joan P. Merlino Family Trust No 1 U/a/d 8/9/90, its member By:.(~ A' M9. =-=:;J Steven A. Merlino, Trustee . . . ·-. ----- B~A,c(EL/.Lb ·JChael J Memo: Trustee I cernfy that on the / 1)-fJ.=-day of .De~e.r-, 2003 JESSE TANNER appeared before me and aclmowledged that he signed the instrument, on oath stated that he was authonzed to execute the mstrument and aclmowledged 1t as the Mayor of the City of Renton, the Waslnngton mumc1pal corporation that executed the withm and foregomg mstrument and acknowledged the said instrument to be the free and vohmtary act and deed of swd City for the uses and purposes therem mentioned, and on oath stated that he was authonzed to execute such instrument, and that the seal affixed, if any, 1s the corporate seal of said Clty. My Appointment Exprres DEVELOPMENT AGREEMENT--Page 6 20040107000486.008 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I cerhfy that I !mow or have satisfactory evidence that GREGG :MERLINO 1s the person who appeared before me and acknowledged that he signed the mstrwnent, on oath stated that he was authonzed to execute the mstrument and aclmowledged 1t as a trustee of GARY M. AND DONNA M MERLINO FAMILY TRUST NO. 1 U/A/D 8/9/90 m its capacity as a member of SR 900 L.L.C., a Washington lim1ted Iiab1hty company, to be the free and voluntary act of such hm1ted habihty company for the uses and purposes mentloned m the tRmw.rient. 14.,.... ,,, .. , ••• -~~ :; M. O• 11 •,, ... -•• ~ .. h. 1, ;-•• ~;.1,11ss,0·~~ •, • ··o~· ,i,•, ~ ,, Dated. _ __,_J,-'"'!'"'6''-'/-"o"'"'-------- Signature Notary Public Title My Appointment Expires STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ! /0 N01:; ~,O'~ #a,: ~-1)~,P~ ~-1: .<)'t ~il>~ ~ )I'; • U, ' "1• $ ~ ~ ~. 'elJC &J! $ ~(('l,.s;: ., # ',, 0 ··~.B-o ... ~ ,,, »Ji._·-.. ?. ... -;;;,_o~ / 11,, '1:SHIN\.:lt .... 4- \,,l\\,'"'''""'' .. ... I certify that--! know or have satlsfactory evidence that DIONNE :MERLINO 1s the person who appeared before me and acknowledged that she S1gned the mstrument, on oath stated that he was authonzed to execute the mstrument and acknowledged 1t as a trustee of GARY M AND DONNA M. MERLINO FAMILY TRUST NO. 1 U/A/D 8/9/90 m its capacity as a member of SR 900 L.L.C., a Washington hm1ted ltab1hty company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in tlie instrument I ... ..c, ... ""'"'~''''-\1,, Dated. __ ,_,_1?-"'/5e!..Le:.D:c.?> ________ .:-·· ~J.~:.0' ''•,, : ,,·0·;,.1.11ssi,0·~ .... •,, I\/' '-· • ; /Ci '!,'·,'!<.', ----'~+-.... Wl_...:.Y::._~ ___ ,,.._._., ____ _,_'-:""'H' Nol:. ~\ 'o ~ -:: ! -i : ' . .,-?. ':£: "' ' Signature , :,., : -0,_ ·-;i. "'' -~ ' :..I, • v,.. .. ri,: > 4' -______ _..N,,o,.,t.,,,ary=P;.,,u.,b,elt"'c ~. 1" '. "'l10 ~.: ! ------4..,c-'o .... ~19. • • ,,, ~··-.. ~07 •. ·· _: r/ a/ 0..,. ,, 11,,,•, ....... ,··o' ~ : ___ ..::.:>:.....·-'-'-'''-'--1 -----------"'',,"'&'HmC>t ,$ My Appomtment Expires 1 '''''" ... " ......... ""'..- Title DEVELOPMENT AGREEMENT--Page 7 .......... -----------1 I 20040107000486.009 STA TE OF WASHmGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory eYJc:ence that STEVEN A. MERLINO 1s the person who appeared before me and acknowledged that he s,gned the instrument, on oath stated that he was authonzed to execute the mstrument and acknowledged it as a trustee of DONALD J AND JOAN P. MERLINO FAMILY TRUST NO I U/AJD 8/91901n its capacity as a member of SR 900 L.L.C, a Was1ungton lumted liab1hty company, to be the free and voluntary act of such lrm1ted habtl1ty company for the uses and purposes mentioned m the mstnunent. Dated Signature ______ N=ot,,ary"-'-'P,_u.,,b~h=c ------- Title. My Appomtment Expires STATE OF WASHINGTON) . ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evldence that MICHAEL J. MERLINO 1s the person who appeared before me and acknowledged that he signed the mstrument, on oath stated that he was authonzed to execute the mstrument and acknowledged 1t as a trustee of DONALD J. AND JOAN P. MERLINO FAMILY TRUST NO I U/A/D 8/9/90 mrts capaCJty as a member of SR 900 L.L.C., a Was1ungton lrm1ted l!ab1lrty company, to be the free and voluntary act of such hm1ted lrability company for the uses and purposes mentioned m the instrument, Dated: )!,.''''''\''' ~ ........... ~y A,f ,,, •• , ' D ·,., n. -. , .,. ,. ....... ; ()~, '•, W, ~,c__., : •• ~nl-'MISs/J•. 11 --~-Ir---='-------------#,· . v-'0. "', S1gna e ; "'/ Nor. >i-\ ~~ i ;1 ! .,o , "'£ ,\ 0 ~ ,,-,------_.N.,_,o"'tary.._._..,_P.,,ub"'l"'1ce _____ _;'i-;'-';;t l <'.'.-, ·, ~ :l!: 0 ~ Tl ' • ~ ::r::5;~ It e .-1 "' I O..,_ t O \~ <10 /J'/ : 0 -~ f.. r ,,. ~ ··iP.o .. ,. ----'--~,------------"', It,:_ ••• ,')' •••• .: MA . Ex ··~8 .......... .,,: y . ppomtment pires •,,,, HINGiO'· ••• ..- \\\\\\·w""''"''"''"" C \CF\2422\003\Dcvelopment Agreement\Agmt Final doc DEVEWPMENT AGREEMENT--Page 8 0 .... C, g i g ~ r ' 1.8 ct I ,-~ IA. L. KI NG JR. W,1 \' ; IO g --{PRlgA~£ Hl'(y (t1.1, "'"" I= ---1 ----~~No.2) "P1RE: 4' ~ «) ~ EXISTING 1/,,i >-if' ZONING ~ RM-I s.) ~ '?":\ ...., ·1 PROPOSED ZONING = R-10 ..._ . #:.._~ 0 -:-" z: I!. GOV'T l BEACON COAL MINE ROAD VACATED c£i} 'f. Z 5? l:;! LOT 7 I FN COU)lfJY COMMISSIONER'S JOURNAL '.f!!-; ::i a: ~ VOLUME 29, PAGE J '/)' ~./UU.!IM@'i'OW! ffi • x -=;p ~]o:t1o.:r.VA~:_'-< lU)i>l'ii'ION ~~ ~ ::1 i . \\"'U 176>/ ~-' • 0. - --~ ' r. ON-;~ ,,.. B.N S.F_ ,._ , '-,$14'-_i LU :::5: :C GOV'T LOT 2 0 200 400 1!\iE'.!*1 SCALE 1 • ~ -400' .LEGEND: ' ' ..;,,_ _i a: a:: ?:': ' "" ~ --' I.; ;s-,_.,...,. o ::= a ,_ e< o O ... ~~) <?> er. 21~ ~I\JJIM [$') 0 !!Nil~ ii'OW'IMHO~fei a:~ ~il (I) "°'' G. I !gl ;!,~;;I m::, !';I . ~"'..m ;"I '-' "',,. t5f~ Q .JZi°' :e':"i uo. ,., 1;! -ili:ia; 18 ~ li!.,:; o, I l l~gj ~ ~iu ·" PROPOSED ZONING LINE ( ORD . 6) ORDINANCE NUMBER ~ 2 --"' 14 •·31,~ .!!~ Dote/lime: 11/)3/2003 15:18 · Scale· 1 =400 pwalloco Xrel'9: J! ~ • -~o,;. "o,a;;. ~ '.:l1 8' £.1;1: )w::ia:::n ~~jg~ >g.li§ !!lJ Q\!l. 'i i; "; i Q CIT)'· OF RENTON LJJA-0 7 -118 "-s,~ .·.· -· ·· .. LND-30-0336 O[CLAR/ITION OF LOT LIN(·i1DJUSTMF:t;T, .-.-, ,• ··-:- UU!\~y INDUSTRI.A( PARJ:( ·u .. C., a-:~.Mhifltjfor:i·.Lif!1ited liability ..c0riip<rny, hereb{·(a) c~ifies that ·rt'is the owner'·o.f the lands subject to H1e~:-fct line. :(lcJjustment_:, ~~!. .f?rth herein, on"9-_ (b) makes the voriou:3;,-1!:il line 9i:tjustments_,To lhofr')9nds os set.it>rth ~erein. ,,· . .. ·uoARRY INDU?fRIAL PAR_l(i..L.C., 0 ):V"~shingto_1f." limited liob_'.\.i!Y cornpo~ · · __ .. ,· By,_~· ·' ·. -z,.,,t;·_,,/._ Donald J. e··n~--4-Mo~-:;:~· • .·: -,· .. _."ager :: ACKNOWLEDGEMENTS STATE OF WASHINGTON ) COUNTY OF Kl NG l ss I certify that I know or have satisfactory evidence that DONALD J. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument onO:=(!(;~nowledged it os a mar.ager of QUARRY INDUSTRIAL PARK LLC;-_9_ Washington limited liability coIT'pany, to be Ui!:i free ond''voJ.untory ad of such limited liability comp.'ciny for the useS··';:rnd purposes !T'Cntioncd in the instrul"!'!e·nt. Dated this _t:;IL_ctay orJ)';i;_~e_M-f~_t:; -~~-! s·s,.riature DavdL H"l,.'.e., (print or ij,i:?e name pf· Notary) :Notary Publi~\~,~~~-for the St-df~ o_f·:· W2ISh:in9ton, residing at {,:;,_cl:iu..rg.·:· u;;.2.r. 1-0:-'"f.0~1 .. My Commission expireE RECORDING NO. VOL./PAGE CllY OF RENTON APPROVAL: DEPARTMENT OF ASSESSMENTS Cl1Y OF RENTON PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT EXAMINED ANO APPROVED THIS J.±L DAY OF~. 2oQ.1_ ~/JJZ. '" EXAMINED ~ll APc'RO\l[[J THIS _L DAY Of p.., .. ,..,... \tci/ mJt:;/,(f i/4 -{,,-, PORTION OF 3,a*-~---~-----ASsEssoR )hri..b.,..L:.!b,"'-"=="'~· -- DEPUTY ASSESSOR , w.£.F SCALE: 1 INCH= 300 FT. 111111 I I ::::r ::::J 150 300 450 600 ?'50 A<.:GOUNI NUl.l(jle! 3.I£tW -0010 SW 1/4, S.13, T. 23 N., R. 4 E., W.M. QIP LOT LINE ADJUSTMENT ________ , .. SW 1/4, S. 13, T. 23 N., R. 4 E., W.M. .. '" -.... ·-·...:·· .-.--· ,· ,f '':_..;-· .,· .::· Lt-CAL DE.SCRIPl~~ .-:=---'· ~~~~RtEi~R~ :<OJL~:ftt ~~D~~~:: :\~~~rsr\s~~ R~blJ~{ o;-~~R:F COUNfi'.,_:°WASHINGl~, .. ·· . rnGEfHr:R w1TH_.jH~ PORT-id·\/ OF sEA"CoN ,C6AL MINE ~1i.o···(wl;i1CH RoA~ WAS DE[O"ED. J{j Kil\G CeiUNTY LJNOl:'R RE-CORDING t,JC".' 170293Q:) ADJOIN°rNG _._-:· SAID LOTS, WHICH f-'QH·flON WAS-~ACAll::l:i JNOE:.R .t(iNG COUNTY.CClMMISs°IONECi!'S·· RECORDS, JOURNAi. 1/bl:J.:JNr. ~-~:·· PAGE _:J ··: .. ,.,.· · :·· ..,,,,--· EASEMENTS AND RESTRICTIONS 1. Easement for an electric transmission system recorded Morch 12, 1918 under King County Recording No. 11984-03. (Not plottable) .3. Matters (if any) that may be disclosed by tf-re survey performed by Barg1'ausen Consulting Engineers, Inc. recorded December 12, 1990 under King County Recording No. SO I 2129007. .•. 2.,-.Ri.g.hts of the City of Renton under Ordinance No. 4598, establishing • zoning c'!O:isifj~_ations, recorded und~:f!Z:=ording no. 9605141026 . . _.:-· -.. -.-·-- . £UR\(C)\JliS MC.,.[S} ._.:::- ·· ·L ... f.11 title intqi:hi~tion_,..,.{~·wn on_.:~f'is mr.p h(ls bee1 ob\oincc frcm the "S1.:_'tlCivsion (:.~Circ.ntee_''._:issued Qy-·Stewa·t rtle Guarc1ty Compcny under ,Order No. LD6i45.31.1."··do\ed :;f'..ptem~·er 21, 2007 at 8:00 o.rn 'n preparing -.J?h rnap,:··Barg>iuv;,'1fr Cor1sulting ['lgir1ocr:c.;, Inc. has cc11duded • .r:10 in0ep~.Jl(iem _t,ii1e ~er.rc:h·.'Cnd is u:.::iw::ire ::if or.y title issues Gffeding _._,_.t:-ic orq.p°t'ty q\t.icr thnr: J.f!O,;e ri':;dosed hereon. In prepcring this map, -··:.-,.Bargh9-CJsen s;;-6nsulting .~-rigineers, Inc. has relied solely on the Subdivision ·G\.lo,~ntee .r,eferenced_:i:.ibove as to the property's title condition. 2. lhe basis fcif'this mop's geometry is the Record of Survey drawing performed by Borghausen Consu!ting Engineers, Inc. recorc!ed December 12, 1990 under King County Recording No. 9012129007. ~···'"'"''" .~:.- OiP lllllllullllllll LAND SURVEYOR'S CERTIFICATE ~.c;.HA<,,s. 18215 72ND AVENUE SOUTH LO.r". LIN~--·--ADJL/.STME~t THIS LOT LINE ADJUSTMENT CORRECTLY R!::PRESENTs~ ,-_ ~ KENT, wA 980J2 -· Lu···A 07 ,. 118 Lt.-.A l.. A MAP MADE BY ME OR UNDER MY DIRECT IIJ . , 1,. (425)251-6222 _--_:-"" .. SIJlx·RVISION IN CONF'ORMANCE WITH THE REQUIREMENTS /Y (425)251-8782 ,;;AX . . 2 07120 900009 ...... AT OF THE APPROPRIATE STATE "D COUNTY STATUTE ANO O -~ OWN. SY .. PATE . my o,""""'""" m.N S INC ORDINANCE >N OCTOBER,~ '2, . ~ CMI ENo,rrs,,c, c,,o pc,,e"c PCW · ·.. 09c~6-07 ~"j.i~ tf48 ' · • ,..._. -Z.,S. . . ..,":: SURVEYING, HNlRGNMFNTAI SERVICES SCALE ICING COl.l4TY, 11A I "< ~~ CHKC. BY ag'~~~~ DENNIS Ki SAllYS, P.L.S. "'JtG ENG\~~ DJS 1" = 300' ··suPT. "~"R(cOR"oS... CERTIFIC TE NO. 27328 ~=- OF 2 MANAGER CITY···\:JF RENTON LUA°-07-1.fB"'-llA QIP LOT LINE ADJUSTMENT .. ::· .:· ··-·. SW 1/4, S.13, T. 23 N., R. 4 E., W.M . l.1110-30-0336 ._. NW c.sR· • · • · - .. @~~~3-'4[ . _ ..... -_· ----~ -------------------'Ir---i- . '--.··----.. -.----, . 26'305' N 1/4 COR l" 1 ,<, ·· · • 13-23-<E /:J .; ." .,-., OQN 027' N ,S<J4'rn"E 2267 3'' (ROS) (N-0) NW•LL OLC /'1 -@ I (CC<Y o, SCITTON 2,r-~ , OSU~--,., .• -··''/ol:.!!.4~_C.E:1~,:. ._ ---••• , .... ,., •• ._-i, 1 J MONUMENT j1850) -;}: ,:l \;c , ·: ,, ~ ... -... · . . . . /_ :/ -:1 ''.:. ® I "'1 ??. ( S, 1J)lffSTRECC./. I S8TJ1'1~·e-••· -\ • sa<ft 10'W 71a 48' , • @ ,s 2984e. 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ST {NCI o_F[Nl___. 20 ] ~· '.~iJ' ~OT 7 J LJA·-03 .. ;;,~ __:.i._ ' i ',1 @) ·. !'DR UN~ ~ 202C, OC ..:...,_f<v J__ ------==------=--1· ------;-[---Tr/" ®?--1-~ __ -====-----~ .. ·_ . :::&i.o,· 2~0.01: i-S88'J4'!B"f: 640.02 . ~:. -- 0 ,. ._u'L M~E _ _::._ --)7 --,_'I...... . .fl :.· 1 1. =·. \ :270:JJ' 1 I 229.71 1 --~ -1:;j __ .-~J,._£_1(,..C,.:rDJ MON 0~7 I 11 :-· ,! 1--97' °" ;.._; ~ ' s OF U~E ;';:I '-; ,W2GO?;' (ROC· ·: C-"' • ;; I -/~,~--:. I ________ --..... g _,, I ,02000 1,,,, ,. "-,' • 2 ;c', ,-,.c ===t-:=-_ --........ 1,10'4 018 I . .p' ,) • ,:·: n. Cs,, u // "\' ~ J... ""I '1-I I • -;.., • f°"w ~ "' .--,,, 1---------,,--·------. s '''" ~'--,,c 1 '· , C-.·;;u ,.,"'ts~; 1 ; //~-. ~.-:~ , , -: , ;)_;-{r ~~ ~~ . ,,/' C' - 50 I .·.Iri:l ' .. ,,, . .JY•cnp• '"""·'!>It' ;:'a~-rs-~ //~~ I :;·, 1 I YOL1~,PG..f.1 ~ r, . ~{5,c :,o·, ( . .-.· 75·5~·00· ~:'.,~J6',?<>• .. l• . (ROS) -.....__ , •• -~~ 851.ra• .:.:.._ / R-50 j /"l. S75·J6'_;,9"t~:::!:![._F:-..... I S:13,n-lisr =110~ ~11 I £....... ·(Nor0Pr1-; ·: .. ...: I J -.... 11 ~ .! .rn I '--.... ·/· I -.... ;r-···~·,,, .............. / -~I ·• ... ·r. :/ -.... / ~I . / -/ 12 // ~-·I ~ 0 :'J -.... /. ~'t·,,_ ~;' ·1 // ............ // e:,">·lJ;, I / -........_/ ,.,-t® I ( SMOTHSL ~/ I (NOT OPEN) ,s / 25B 50' ASBUILT CENTERLINE CF RAILR:JAD MlllN LINE TF>.CKS (•) UNINCORPORATED KING COUNl'I' STREET O::SIGNA".lON CLR\IE NO. C1 " '~' C4 C, C6 CURVE TABLE DELTA I RADIUS 2'35'13" I 2944.9.3' _n, ·26" 12944.93' 5°03'17" 2944.93' 1i'04·--ri944.93' s5·17'2s· 50.00· ~ ~~<i44.i.\· LENC'l'+-!~ 132_g7' 121.16' 259.81' 271.61' GOV:'!: l.OT,J _ZMt __ 695.!IJ' I i j5~1~ z" g:i:' .~i! -~;: .. tr.:-. . 13--23-4E __j(S 1/+ COR ® ~ 7696-:01-· ---sc-uTH LINE SECTION 13 ----_ ____ _ cot,.c POST C -----------~7'02"E 3• BMSSY IN RECORDING NO. VOL./PAGE 2_3e, L 2-13 MONUMENTS SHOWN PER RECORD OF SURVEY PREPARED BY B/1.RGHAUSEN CONSULTING ENGINEERS UNDE~ R!:CORDING NUMBER 9012129007. OATES VISTITED ARE AS SHOWN THEREON. @ NORIBWEST CORNER 13-23-04[ CALCULATED PCS!TION (B) NORTF QUAKTER CORNCR 13-23-0',E CALCULJ,TEO POSITION (!') SOLJTH QUARTER CORNCR 13-23-04[; 3" 13Rt>SS [)ISK {12-30-BB) ~ SOUTHWEST CORNER 13-23-04E; BRASS DISK IN CONC POSI (12-j0-88) @) NORTH LIN[ C.E. BROWNELL DONATION LAND CLAIM AND SECTION LINE MONUMENT CALCULATED POSITION (MONUMENT OBUTERATCD) COPPER PIN IN 4"x4w CONG POST (05-13-89) )! FINISH NAIL SET IN 3/4" IRON Pl?E (05-13-89) '@ NOR'.'HEAST CORNER C.E. BROWNELL DONATION LAND POSITION (MONUMENT OBLITERATED) ® COPPER PIN IN CONCRETE (03-20-89) CLAIM CALCULATED .-··CS'.i-'COPPr~·-P~~ 1N coNcRETE {03-20-&a} ~·· {I) COPPER P;~\~·:f:ONCRElE (03-2Q4t;/ .... , .. ,®·:·'Ei~S1f.:,W/PUN~l{·JN 4nx4" Cql'lt· posr_J&5-20-89) ' -' -• ··(,Jy·' ~S-sfF;. ~/PU'-!Cr{1N 4 nx('.:fONc ros-f .(03-20-89) _.@ ... r;~ IN 4nx!." CQ~~ Fc~y:(~1-03-WH (X'. ;i:t:cK IN woot:~.N rw/ IN 1 • DIA_. ... RON PIPE (02-10-89) ··' ._ .. -· .. '" ..... 0 150 300 600 fl"..., I ·scA~ 1·=300· ~ "1>,,. <"s .J.,., ".J>, (' SW COR 1J-2J-4E NB2.'il~---\CrTY Of RENTON -~45.0l WONUf.lENT f754 ~o,.HA.<,,s. 1821§ 72ND A'k:NUE SOUTH aiP LOJ·.LJNE. ADJUSTME~t L,lJA-07.+118-LliA 3• BRASSY IN CONC POSl NOTE, 41 . ''·'· '1. (425)251-6222 "' ---'°' (425)251-8782 FAX (') . -. CrTY OF RENTON WONUWENT §1854 N°;c·:1 0 7 5 6 JOB OWN. BY PCW BAS,'S OF liW' AND MONUMENTATIQt.l - RECORO OF SI.JRVEY REcoAOED lMDER R[.coROING NO. 9012t2!Ml07 ROTATED TO CITY OF' ROftOM HOOfZONl'AI.. COKT'ROL (ROTi'.TION ANGLE 00'00'14• RKll:if) ~ ,·,. , ~ KENT, WA 98032 1;:_ -'-·-"_;' .. '·"' .Y CML ENGINEERII-JC, LANO P!.J\NNING, ,S, , '?' SURVE'flNG, ~RONMEITTAL SERVICES ~:,-. "t-~ ,; SHEET-.. .... ,·. IJv~ ENG'~~ 2,\F 2 cf'.·· CHKD. BY DJS 300' Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment; Station Id :JXNS KING,WA Document: JDG MOD 2008.0519000521 20080519000521.001 RETURN TO: 11111(11111111111 20080519000521 CHICAGO TITLE ONE CASCADE PLAZA SUITE 100 AKRON, OH 44308 Document ntle: OH'ICAGO J 70,et PAGE001 CF 82.9 03/19/Z00B 1.0:4-& K!NG COUNTY, IJA SUPPLEMENTAL FINAL ORDER AND JUDGMENT Reference Number: Grontor(s): 71 additio;,al grantor names on page(!}.. 1. 723 LOUIS ANN LLC. 2. Grante:e(s); n additional grantee names Qn page_. 1. AT&TCORP 2. Abbreviated legal description: [;i'i full legal on page(s) /0 6947 COAL CREEK PW SE #151 NEWCASTLE, WA Assessor Parcel / 1"ax ID Number: lf.'l additional tax parcel nu~er(s) on page fE.. 919710032203 Page I of29 Printed on 12/10/2008 7:33:35 AM Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Conunent: Station Id :IXNS 20080519000521.002 KING,WA INRE: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRlCT OF INDIANA INDIANAPOLIS DMSION ) ) ) AT&T FIBER OPTIC CABLE INSTALLATION LITIGATION ) l:99-cv-9313-DFH-TAB ) MDL Docket No. 13.13 _______________ ) nns DOCUMENT RELATES TO: 1:02-cv-7005-DFH-TAB (BOREEN) ) ) (WASHINGTON -ACTIVE LINES) ) ) ________________ ) SUPPLEMENT AL FINAL ORDER AND JUDGMENT On April 6, 2005, counsel for AT&T Corp. and AT&T Communications -East, Inc. (formerly AT&T Communications, Inc.) (collectively AT&T) and Class Counsel executed the Washington 11Telecommunication Ca.ble"/Railroad Corridor Class Settlement Agreement, providing AT&T. among other thlngs, an easc::nent running along certain railroad corridors ill Washington (the "Settlement Agreement"). On April 8, 2005, the Court entered an Order conditionally approving the Settlemeri.t Agr~emc.nt. On December 9, 2005, this Court execut~d a Final Order and Judgment in these proceedings approving that settlement (the "Final Order and Judgment''), which was entered on December 9, 2005. In paragraph 8 of the Final Order and Judgmen~ the Court grnnted AT&T a sixteen and one half (16 l/2) foot wide easement, cocsistent with Paragraph VI.A. I. of the Settlement Agreement, for telecommunications pU.'1)0Ses through the Sel1lement Corridor (as defined iu the Settlement Agreement) vis-a-vis all Current Landowners (as defined in the Settlement Agreement) and their respective successors in interest. Under Paragraph VI.A. I. of the Settlement Agreement, this permanent telec·onu:mnications easement gives AT&T the right to operate, maintain~ upgrade and expEl.nd its existiu~· cable, as well as to install new conduits a.nd Page 2 of29 Printed on !2110/2008 7:33:35 AM Document: JDG MOD 2008.0519000521 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Cornme~t: Station Id :IXNS 20080519000521.003 K!NG,WA fiber or replacement technology within the easement and shall permit unrestricted use, licensing and assignment of such facilities, which have been or may be constructed, installed 1 or acquired by AT&T for its primary use. Paragraph 13 of the Final Order and Jucgment provides that AT&T or Class Counsel roily, at their respective options and cost, f:le/record/:D.dex. the Final Order and Judiment or a .notice thereot: in the name of each Class Merr.:ber who owns any property affected by the easement in the judgment or land reco:-Cs of the jurisdiction in which the real estate is located. Paragraph 13 of the Fin.al Order and Judgment also provides that this Court retains jurisdiction to enter supplemental orders and judg..-::1ents to effectuate the recordation of AT&T' s property rights. This Supplemental Final Order a::i.d Judgment specifically identifies the owners of property affected by tbe easement described in ?aragraph 8 of the Final Order and Judgment an.d describes the affected property to effectuate the· reccrdation of AT &T's property rights. Accordingly, in order to effectuate the recorC.ation of AT~T's property rights, it is hereby ORDEREti ~ ADJUDGED as follows: . 1. The maps inciuded at Attachment A illus1rate, by county in Washington, tho portions of railroad corridors and adjoining property affected by the easement provided in Paragraph 8 of the Final Order and Judgment. Attachment A is broken down by Wa,hington county into a number of sub-parts labeled Al, A2, A3, etc. If AT&T chooses to file/record/index this Supplemental Final Order and Judgment in L'1e land records of a particular county pursuant to Paragraph 13 of the Final Order and Judgment, it is permitted to attach to this S"Upplemental Final Order and Judgment only the sub-part of At>.achment A tbat corresponds to that county. 2 Page 3 of 29 Printed on 12/1012008 7:33:35 AM Document: JDG MOD 2008.0519000521 Branch :STK,User :8792 Order: 208172333 Title Officer: 3 I Corrunent: Station Id :IXNS 20080519000521.004 KlNG,WA 2. Attachment B is a series of descriptior.s, by county in Washington, that describe the portions of rmlroad corridors and adjoining property affected by the easement provided :'.n Paragraph 8 of the Final Order and Judg..rnent. Anachment Bis brokea down for each Washington county into a numbex of sub-parts labeled Bli B2t B3, etc. If AT&T chooses to file/record/index this Supplemental Fioal Order and Judgment in fue land records of a particular county pursuant to Paragraph 13 of the Fir.al Order and Judgment, it is permitted to attach to this Supplemental Final Order and Judgment only tbe sub-part of Attachment B that corresponds to that county. 3. Attachment C consists of two spreadsheets that lists all owners of property from whom an easement was obtained and describes the parcels of property subject to the easement provided in Paragraph 8 of the Final Order and Judgment. One of !lie spreadsheets lists the parcels with:n each county by the names oftbe landowners, and fuo other spreadsheet lists !he parcels within each county in order as they appear along the Settlement Corridor. Each spreads.beet in Attachmca.t C is broken down by Washington county into a. number of sub-parts labeled Cl, C2, C3, etc. If AT&T chooses to file/record/index this Supplemental Final Order and Judgment in the land records ofa particular county pursuant to Paragraph 13 of !he Final Order and Judgmcn~ it is permitted to attach to tbis Supplemental Final Order snd Judgment ~y the sub-part of Attachment C that corresponds to th.at county. 4, If AT&T chooses to file/rccord/!ndex !his Supplemental Final Order and Judgment .in the land records of a particu1ar county~ ilie recorder's offices of such jurisdictions are directed to file/record/index this Order against each settlement class member's name or against such settlement class member's interest in th.e real estate (the names and other necessa.cy information of such settlement class members within each applicable jurisdiction are included at 3 Page 4 of29 Printed on 12110/2003 7:33:35 AM Document: JDG MOD 2003.0519000521 Branch :STK,User :8792 Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20080519000521.005 KTNG,WA Attacb~ent C to this Supplemental Final Order and Judgment in order to allow the recorder 1 s office to fileh'Ccord/index this Supplemental Final Ord:er and Judgment against each settlement class ::nember), so as to give constructive anC. record notice to all subsequent parties acquiring an interest in the real estate of the existence of the easi:::ments. SO ORDERED this 28th day of ___ N_o_ve_m_be_r ___ ~ 2007. Distribution: Nels Ackerson ACKERSON KAUFFMAN FEX, P.C. nackerson@ackersonlaw.com Howard N. Feldman DICKSTEIN SHAPIRO LLP feldmanh@dicksteinshapiro.co:n Susan Littell DICKSTEIN SHAPIRO LLP litteUs@dicksteinshapiro.com Daniel J. Millea J-odge, David F. Hamilton United States District Court Southern District of Indiana Indianapolis Division · James M. Boyers WOODEN & McLAUGHLIN, LLP jboyers@woodmaclaw.com Roger C. Johnson KOONZ MC KENN BY JOHNSON DEPA::>US & LIGHTFOOT rjobnson@koonz.com John B. Massopust ZELLE HOFMANN" VOELBEL MASON & GETIE, LLP jmassopust@zellc.com Peter W. Mo,gan ZELLE HOFMANN VOELBEL MASON & GETIE, LLP dmillea@zelle.com DICKSTEIN SHAPIRO LLP morganp@dicksteinshapiro.com Nicholas C. Nizamoff STUART & BRANIG!N ncn@stuartlaw.com B. Have11 Walling, Jr. DICKSTEIN SHAPIRO LLP ._..' wallingb@dicksteinshapiro.com William P. Wooden WOODEN & MCLAVOELIN, LLP wwooden@woodmaclaw.com 2744S4-l (1l5-0023) H_enrx J .. P.rise . • . ,. '·" · 'PRJc;E;'i\'.~CUKAUS\Cl&RlLEY,LLC -· .. .. p.~~ce©p!J~.e:-law,com.-. <N,~cy wiJ:hnan SCHNADER HARRISON SEGAL & LEWIS LLP O.Wink.ehnan@schnader.co~ RobertJ. Higgins · D!CKSTEiN SHAPIRO LLP higg,µ~r@.dicksteinahapiro.com 4 Page 5 of29 Printed on 12/10/2008. 7:33:36 AM Document: JDG MOD 2008.0519000521 Branch ·.STK,User :8792 K!NG,WA Document: JDG MOD 2008.0519000521 Order:208172333 Title Officer: 31 Comment: ?age 6 of29 Station ld :!XNS 2oosos1sooos21.oos ' Printed on 12110/2008 7:33:36 AM "'0 15 g g z 00 <= Q ~g ~ :; g > go ~o ~~ 0 0 "' ID 03 ...., 0 "" "' "' .,, i g ~ 0 t5 0 00 -i 1.:, "' L~ °' ~ AT &.T Aci.i\'C -Washin,gton X:1111 couoty At.orJune19,2007. . , . ~\ ( ~::.~-. 'Monroe 4:i -.-, ··Pierce • • I .• ~ ·.;, ~., "' 0 al 0 "' -"' 0 0 0 "' !1 0 0 ... "' g n ,,. ;;, F ;a: ~ 00 ...., .s 0 ci. " " "' 0 00 .... '" "' "' "' -; a: " 0 a; ~ " w (') ~ ~ en ~. 0 ~ 0: ~ "' Branch :STK,User :8792 KING,WA Document: JDG MOD 2008.05 I 900052 I Order: 208172333 Title Officer: 31 Cmmnent: Station Id :IXNS 2008051S000521.008 Wnshingtou -King County Descriptions ofSettl,rnent Corridor Beginning and Ending Points As of June 29, 2007. Seattle, Bellevue to Tacoma -Burlington Northern and Santa Fe Beginning Point -3,340 ft. northeast of the intersection of Interstate 405 and State Route 167 Ill the City of Renton, King County, Washington. The corridor travels southwest through the following s.ectlons TWN23N-RNG0SE-SEC18 TWN23N-RN004E-SEC13 TWN23N-RNG04E-SEC14 TWK23N-RNG04E-SEC23 TWN23N-RNG04E-SEC24 TWN23N-RJ'1G04E-SEC25 TWN23N-RNG04E-SE.C36 TWN22N-RNG04E-SECOI TWN22N·RNG04E-SECJ2 TWN22N-RNG04E-SEC13 TWN22N-RNG04E-SBC24 TWN22N-RNG04E-SEC25 TWN22N-RNG04E·SEC36 7WN21N-RNG04B-SEC0l TWN21N-RNG04B-SECl2 1'w'N21N-RNG04E-SEC13 TWN21N-RNG04B-SEC24 TWN2JN-RN004E-SEC25 TWN21N-R.,,_"fG04E..SEC36 Eltdiog Point -4.19 miles southeast of the intersection of State Route 18 and Interstate 5 in the City of Auburn, King County, Washington. Yakima to Everett Burlington Northern and Santa Fe Beginning Point-2 miles southwest of the intersection of Interstate 90 and State Highway 906 in King County, Washington. The corridor trave]s west through the following sections: TWN22N-RNGllE-SECl7 The corridor stops 1.56 mili;s southwest from the intersection of Interstate 90 and State Highway 906 and beegins again 1.96 miles southwest offae intersectlon of IntersLate 90 and State Highway 906 in Kmg County, Washington in the section ofTWN22N·~Gi 1E-SEC17 Page 1 of3 Page 8 of 29 Printed on 12/10/2008 7:33:36 AM ' I Branch :STK,User :8792 KINO,WA Document: JDO MOD 2008.051900052 l Order: 208172333 Title Officer: 31 Comment: Station Id :IXNS 20080519000521. 009 The corridor travels wesl th.rough tk sections of: TWN22N-RNG 11E-SBC1 7 TWN22N-1<KG 11 E·SEC18 TWN22N-RNG10E-SECI3 The corridor stops 2.85 miles southwt:~t af the intersection of Intarslate 90 and State Highway 906 and begins again 5.72 miles sou1hwest.oftlte intersection ofinterstate 90 and State Highway 906 in King County, Washington in the section of T\VN22N-Ri'JG10E-SEC15 The corridor travels west through tl:e folJc.wing sections: T'l'IN22N-RNG1 OE-SECIS TWN22N-RNGIOE-SECl6 The corridor stops 6.89 miles southwest of the ir,tersectiOJl of Interstate 90 2Dd State Highway 906 and begins. again 9.14 miles. north.west of the in1·ersection of!nterstate 90 and State Highway 906 m King County, Washing(On in the sectfon ofTWN22l\-&'fG9E·SECI The corridor travels, west through the following sections: T\VN22N-RN009E-SEC01 TWN22N-RNG09E-SEC02 Toe corridor stops 10.03 miles northw~t of the intmection of!nterstate 90 and State Highway 906 and begins a.gain 1.09 miles ea.st of the intersection oflnterstate 90 and Bendigo Blvd in the City of North Bi:md, King County, Washington in the sect1on ofTWN23N-RNG08E-SECI0 The corri~r travels nol"thwest through !he fo!lowing sections: TWN23N-RNG08E-SEC10 TWN23N-RNG08E-SEC09 The corridor stops 4,507 ft. northeast of the intersection of Interstate 90 and Bendigo Blvd. end begins again 2.11 miles northwest of the intersection of Interstate 90 and Bendigo Blvd. in the City of North Bend, King Cou:o:ty, Washington In the section of TWN24N-RNG08E--~C32 The corridor travels northwest through fae fc llowing sections: TWN24N-RNG08E-SEC32 TWN24N-RNG08E-SEC31 TWN24N-RNG08B-SEC30 Thi:: conidor :itops 3.47 miles northwest cf the intersection of Interstate 90 and Bendigo Btv~. and begins again 4.43 tniles llorthwest ·of the intersection o:'btersta.te 90 and Bendigo Blvd, in King County, Washiogton in the section of T\-VN24N-RNG08E,SECl 9 The corridor trave!:s northwest tlu·ough the following; sections: TWN24N-RNG08E-SBC19 TWN24?'1-RNG08E-SECI8 TWN24N-RNG07E,SEC13 TWN24N·RNG07E-SBC14 TWN24N-RNG07E-SBC1l TWN24N-RN007B-SEC10 TWN24N-RNG07E-SEC03 TWN25N-RNG07E-SEC34 TWN25N-RN007B~SEC27 TWN25N-RNG07Ji..SEC2ll TWN25N-RNG07E,SEC22 TWN25N-RNG07E-SBC21 TWN25N-RNG07E-SECI6 Page 2 of3 Page 9 of29 Printed on 12/l0/2008 7:33:36 AM ( Branch :STK,User :8792 KING,WA Document: JDG MOD 2008.0519000521 Order: 208172333 Title Officer: 31 Comment: TWN25N-RN007E-8BC10 TWN25N-RNG07E-SBC09 TWN251'-RN007E-SEC04 TWN25N-RN007E-SEC05 TWN26N-RNG07E-SEC32 TWN26N-RN007E-SEC3 l TWN26N-RNG06E-SEC36 TW1-."26N-RNG06E-S.BC25 T\¥N26N-RNG06E-SEC24 'fWN26N-RNG06E-SECl3 TWN26N-RN0-06E-SBCl2 TWN26N-RN007E-SEC07 TWN26N-R.>'10D7E-SEC06 Station Id :IXNS 20080519000521.010 Ending Point-4.19 miles soutl1east of the intersection of State Route 18 and Interstate 5 in the City of Auburn, King County, Washington. 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"' 0 00 -.._, "' c, c, w ~ ro 0 Bl " ~ '.:; Q ~ ~ f!i' ;. 0 ~ o'. ~ "' Environmental Checklist MLDC, QIP and Virtu Comprehensive Plan Land Use Map Amendments and Rezones City of Renton, Washington Submitted to: City of Renton, Washington Submitted on behalf of: Merlino Land Development Co., Inc., Quarry Industrial Park, LLC and AGNirtu Sunset View, L.L.C. February 6, 2009 Prepared by Barghausen Consulting Engineers, Inc. CITY OF RENTON D RECEIVE Barghausen Job No. 14200 FEB O 6 2009 BUILDING DIVISION A. BACKGROUND 1. Name of proposed project, if applicable: MLDC, QIP and Virtu Comprehensive Plan Land Use Map Amendments and Rezones 2. Name of applicant: MERLINO LAND DEVELOPMENT CO., INC. ("MLDC'J, QUARRY INDUSTRIAL PARK, L.L.C. ("QIP'J and AGNIRTU SUNSET VIEW, L.L.C. ("Virtu'J 3. Address and phone number of applicants and contact persons: Applicants MLDC and QIP Merlino Land Development Co., Inc. and Quarry Industrial Park, LLC 9125-10th Avenue S. Seattle, WA 98108 (425) 226-1000 Attn: Don Merlino Applicant Virtu AGNirtu Sunset View, L.L.C. c/o Virtu Investments, L.L. C. 456 Montgomery St., Suite 200 San Francisco, CA 94104 (415) 489-7521 Corresponding Contact Person David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd., Suite 202 Fircrest, WA 98466 Phone No.: (206) 443-4684 Email: davidhalinen@halinenlaw.com Corresponding Contact Person Charles F. Janway Virtu Investments, L.L. C. 456 Montgomery St., Suite 200 San Francisco, CA 94104 (415) 398-3476 Email: chuckjanway@virtuinvestments.com 4. Date checklist prepared: February 4, 2009 5. Agency requesting checklist: City of Renton Department of Community & Economic Development 6. Proposed timing or schedule (including phasing, if applicable): The proposed Comprehensive Plan Land Use Map Amendments and Rezones are expected to be processed by the City during 2009. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Not part of this proposed non-project action. (Development of the subject properties consistent with the proposed Comprehensive Plan Land Use Map Amendments and Rezones is contemplated in the future but would first require necessary governmental approvals and permits.) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. SEPA Checklist F1 (2-6-09).rtf • 1 . 02/06109 Great Blue Heron Assessment for the MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones prepared by Kenneth J. Raedeke, Ph.D., Raedeke Associates, Inc. dated February 2, 2009. Wildlife Reconnaissance report for the MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones prepared by Raedeke Associates, Inc. dated February 4, 2009. Wetland Reconnaissance report for the QIP and Virtu Properties prepared by Raedeke Associates, Inc. dated February 4, 2009. Wetland Delineation report for the SR 900 L. L. C. Property (property that is now known as the MLDC Property) prepared by Theresa R. Henson Consulting, dated August 29, 2000. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No such applications are pending. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Renton City Council approval of the proposed Comprehensive Plan Land Use Map Amendments and Rezones. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposal is for (1) Comprehensive Plan Land Use Map amendments and rezones of the 27.08-acre MLDC Property, the 9.0-acre QIP Property and the 0.9-acre Virtu Property and (2) a Comprehensive Plan Land Use Map amendment of a 0.4-acre unimproved right-of-way (S. 137'h Street under unincorporated King County's street numbering system) lying along the QIP Property's north edge (the "Unimproved R/W Strip') as follows. Currently, approximately 26.03 acres of the MLDC Property are (a) designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map and (b) zoned Residential-10 Dwelling Units Per Acre (R-10), while the remaining approximately 1.05 acres of the MLDC Property (a strip along the westerly portion of the MLDC Property's south boundary) are (a) designated Residential Low Density (RLD) on the City of Renton Comprehensive Plan Land Use Map and (b) zoned Resource Conservation (RC). 1 The portion of the proposal for the entirety of 1 The MLDC Property is also subject to a Development Agreement recorded under King County Recording No. 20040107000486 1 between the City and the owner of that property (an agreement that the owner proposes be terminated). Section 3A of that recorded Development Agreement states: A. Site-Specific Restrictions. The parties hereby agree that the following site- specific conditions (the "Site-Specific Restrictions") shall apply to the Property in conjunction with the Comprehensive Plan Land Use Map Designation described in subsection B, below, and in conjunction with the Zoning Classification described in subsection C, below: (1) The maximum number of residential units that may be permitted on the Property shall be 69 units and all of such units shall only be single-family detached units on individual residential lots; SEPA Checklist F1 (2-6-09).rtf -2 -02/06/09 the MLDC Property is to (1) amend the property's Land Use Map designation to Employment Area Valley (EA V) and (2) amend its zoning classification to Commercial Office (CO). Also currently, approximately 8. 7 acres of the QIP Property are (a) designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map and (b) zoned Residential-10 Dwelling Units Per Acre (R-10), while the remaining approximately 0.3 acres of the QIP Property (an irregular-shaped strip along roughly the east half of the QIP Property's south boundary that varies in width from O feet to 78.15 feet) are (a) designated Residential Low Density (RLD) on the City of Renton Comprehensive Plan Land Use Map and (b) zoned Resource Conservation (RC). The portion of the proposal for the entirety of the QIP Property is to (1) amend its Land Use Map designation to Employment Area Valley (EAV) and (2) amend it zoning classification to Light Industrial (IL). In addition, the entire 0.9-acre Virtu Property is currently (a) designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map and (b) zoned Residential-10 Dwelling Units Per Acre (R-10). The portion of the proposal for the entirety of the Virtu Property is to (1) amend its Land Use Map designation to Employment Area Valley (EAV) and (2) amend it zoning classification to Light Industrial (IL). Further, the entire 0.4-acre Unimproved RIW Strip is currently designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map. (Renton does not specify any zoning classification for unimproved street rights-of- way.) The portion of the proposal for the entirety of the Unimproved RIW Strip is to (1) amend its Land Use Map designation to Employment Area Valley (EAV) and (2) amend it zoning classification to Light Industrial (IL). 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. (2) In conjunction with residential development of the Property a minimum 6-foot high fence shall be constructed along the south side of the development for the entire length of the development (i.e., from the west edge of the southerly projection of the westerly-most residential lot to the east edge of the southerly projection of the easterly-most residential lot), which fence may lie either north of or south of stormwater facilities anticipated to be constructed along the southerly portion of the site and along the RC-zoned strip of land owned by Owner that is legally- described in the second "EXCEPT that portion ... " paragraph of the Property's legal description set forth on pages 1 and 2, above;and (3) No residential or recreation buildings may be constructed on the Property within 100 feet of the Burlington Northern and Santa Fe Railroad right-of-way that lies to the south of the Property. SEPA Checklist F1 (2-6-09).rtf -3 -02/06/09 The proposal primarily involves three privately-owned properties: (1) the "MLOC Property" (which is owned by Merlino Land Development Co., Inc.), (2) the "QIP Property" (which is owned by Quarry Industrial Park, LLC), and (3) the "Virtu Property" (which is owned by AGNirtu Sunset View, L.L.C.). The proposal also involves a 20-foot-wide strip of unimproved City of Renton street right-of-way (named S. 137'" Street under King County's street naming system and unnamed under Renton's street naming system) lying along the entire north edge of the QIP Property. All of the property is located in Section 13, Township 23 North, Range 4 East, Willamette Meridian. (See the accompanying map exhibit for the layout of the properties.) The curving north and northeast edges of the 27.08-acre MLOC Property abut SW Sunset Boulevard. The easterly two-fifths of the property's south boundary abut the forested westerly end of the site of the existing Sunpointe Townhomes. The westerly three-fifths of the property's south boundary abut the north edge of the 100-foot-wide Burlington Northern and Santa Fe Railway (BNSF) railroad right-of-way (which contains an active railroad line). The property's west boundary abuts the QIP Property, the Virtu Property and the Sunset View Apartments parcel. The MLOC Property is legally described as follows: PARCEL 1: LOT 1 ANO TRACT A OF THE SR 900 L.L.C. LOT LINE ADJUSTMENT (CITY OF RENTON FILE NO. LUA-03-124-LLA) AS RECORDED IN VOLUME 168 OF SURVEYS, PAGES 233 THROUGH 235, UNDER RECORDING NO. 20040311900015, RECORDS OF KING COUNTY, WASHINGTON. The 9.0-acre QIP Property is bounded by (a) the 20-foot-wide South 137th Street unimproved street right-of-way to the north, (b) the MLOC Property to the east, (c) the 30- foot-wide South 140th Street (King County street name) unimproved right-of-way to the south, and (d) a portion of the Black River Quarry to the west). (The site of the Sunset View Apartments-which includes the Virtu Property at its southeast corner-lies immediately to the north of the above-referenced, unimproved South 137th Street unimproved street right-of-way. The 100-foot-wide BNSF railroad right-of-way abuts the south edge of the above-referenced, unimproved South 140th Street right-of-way.) The QIP Property is legally described as follows: PARCEL 2: LOTS 1 ANO 2, JUNCTION ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 75, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THE PORTION OF BEACON COAL MINE ROAD (WHICH ROAD WAS DEEDED TO KING COUNTY UNDER RECORDING NO. 1702982) ADJOINING SAID LOTS, WHICH PORTION WAS VACATED UNDER KING COUNTY COMMISSIONER'S RECORDS, JOURNAL VOLUME 29, PAGE 3. PARCEL 3: PARCEL A OF THE QIP LOT LINE ADJUSTMENT (CITY OF RENTON FILE NO. LUA-07-118-LLA) AS RECORDED IN VOLUME 236 OF SEPA Checklist F1 (2-6-09).rtf -4 -02/06/09 SURVEYS, PAGES 112 AND 113, UNDER RECORDING NO. 20071207900009, RECORDS OF KING COUNTY, WASHINGTON. The Virtu Property is a vacant, triangle-shaped 0. 9-acre portion (the southeast comer) of the existing Sunset View Apartments site located at 2101 S. W Sunset Boulevard. The Virtu Property is legally described as follows: THAT PORTION OF THE EASTERLY 716.8 FEET OF THE NORTHERLY 1510.74 FEET OF THE CHARLES E. BROWNELL DONATION LAND CLAIM, DESIGNATED AS CLAIM NO. 41 AND BEING PARTS OF SECTIONS 13 AND 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECT/ON OF THE EAST LINE OF SAID DONATION LAND CLAIM WITH THE SOUTH LINE OF SAID NORTHERLY 1510. 74 FEET; THENCE SOUTH 88' 34' 18" EAST, 426.25 FEET ALONG SAID SOUTH LINE; THENCE NORTH 68' 00' 36" EAST, 464.60 FEET TO A POINT ON THE EAST LINE OF SAID DONATION LAND CLAIM, SAID POINT BEING 184.65 FEET NORTH OF SAID INTERSECTION; THENCE SOUTH 01' 27' 12" EAST, 184.65 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. The 0.4-acre Unimproved R/W Strip abuts the entire north edge of the Q/P Property. The Unimproved R/W Strip is legally described as follows: THAT PORTION OF SOUTH 137TH STREET, AN UNIMPROVED ROAD RIGHT-OF-WAY, ADJOINING THE NORTH LINE OF AND LYING WITHIN THE PLAT OF JUNCTION ADDITION TO THE CITY OF SEATTLE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, AT PAGES 75 AND 75)1, RECORDS OF KING COUNTY, WASHINGTON, LYING EASTERLY OF THE NORTHERLY PROJECTION OF THE WEST LINE OF PARCEL A OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-07-118-LLA RECORDED UNDER RECORDING NO. 20071207900009. SAID PORTION OF SOUTH 137TH STREET LIES WITHIN THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND WITHIN THE CORPORA TE LIMITS OF THE CITY OF RENTON. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other some relatively flat areas and areas with slopes that have varying degrees of steepness. b. What is the steepest slope on the site (approximate percent slope?) SEPA Checklist F1 (2-6-09).rtf -5-02/06/09 Approximately 67 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the NCRS (2008) Web Soil Survey, the site soils are mapped as Beausite gravelly sandy loam. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. An approximately 0.92-acre historic landslide feature lies within the eastern, forested portion of the MLDC Property. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. NIA. The subject application is for a non-project action for CPAs and rezoning only. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? NIA. The subject application is for a non-project action for CPAs and rezoning only. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. AIR NIA. The subject application is for a non-project action for CPAs and rezoning only. a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. The applicants are not aware of off-site sources of emissions or odors that will significantly affect this proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: SEPA Checklist F1 (2-6-09).rtf -6-02/06/09 NIA. The subject application is for a non-project action for CPAs and rezoning only. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. An intermittent, non-fish bearing stream (not meeting the criteria for any of the types of waters defined under WAC 222-16-030) with a channel approximately 2 to 2. 5 feet wide runs generally from north to south across the site (a) from an existing culvert that conveys stormwater flows into the north side of the MLDC Property approximately 1, 100 feet west-northwest of the property's extreme southeast comer into the approximately 3-acre City of Renton Category 1 Wetland described in the next paragraph. An approximately 3-acre City of Renton Category 1 Wetland that has no surface discharge straddles a part of the easterly portion of the MLOC Property's south boundary. (Only about 6,078 square feet of that wetland lies on the MLOC Property.) Also, an approximately 400-square foot City of Renton Category 3 Wetland straddles a small part of the westerly portion of the MLDC Property's south boundary. (Only about 258 square feet of that wetland lie on the MLDC Property. The remainder lies within the abutting BNSF railroad right-of-way.) 2) Will the project require any work over, in, or adjacent to (within 200 feet) of the described waters? If yes, please describe and attach available plans. NIA. The subject application is for a non-project action for CPAs and rezoning only. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. NIA. The subject application is for a non-project action for CPAs and rezoning only. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. NIA. The subject application is for a non-project action for CPAs and rezoning only. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. SEPA Checklist F1 (2-6--09).rtf -7 -02/06/09 NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. NIA. The subject application is for a non-project action for CPAs and rezoning only. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. NIA. The subject application is for a non-project action for CPAs and rezoning only. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. 2) Could waste material enter ground or surface waters? If so, generally describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 4. PLANTS a. Check or circle types of vegetation found on the site: .JL deciduous tree: alder, maple, aspen, other .JL __ evergreen tree: fir, cedar, pine, other .lL __ shrubs .JL __ grass __ pasture __ crop or grain .lL wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation For additional information concerning site plants generally, see (in the attached Appendix) section 3.3 (Vegetation) of the Wildlife Reconnaissance report for the MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map SEPA Checklist F1 (2-6-09).rtf -8-02/06/09 Amendments and Rezones prepared by Raedeke Associates, Inc. dated February 4, 2009. For more detailed information concerning plants in the site's two wetlands (wetlands that are located within the MLDC Property), see (in the attached Appendix) the Wetland Delineation reporl of the SR 900 L.L.C. property (property that is now calfed the MLDC Property) prepared by Theresa R. Henson Consulting dated August 29, 2000. b. What kind and amount of vegetation will be removed or altered? NIA. The subject application is for a non-project action for CPAs and rezoning only. c. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other (see footnote 1 l Mammals: deer, bear, elk, beaver, othe.:Z-- Fish: bass, salmon, trout, herring, shellfish, other _____ _ A great blue heron nesting colony is located in a central portion of the City of Renton park property to the south of the site across the BNSF railroad line. The distance from the nearest portion of the site to any portion of that colony is about 950 feet. (For additional information concerning the heron colony in relation to the site, see (in the attached Appendix) the Great Blue Heron Assessment for the MLDC, QI P and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones prepared by Kenneth J. Raedeke, Ph.D., Raedeke Associates, Inc. dated February 2, 2009.) Three bald eagle nests are mapped within approximately 1.5 miles of the study site. The first is located approximately 1, 100 feet south of the site within the Black River riparian forest, adjacent to the open water area and near the great blue heron nesting colony. An adult eagle was seen perched near this nest on January 15, 2009. The second nest is approximately 1,750 feet west of the norlhwest comer of the property atop a bluff, adjacent to a stormwater pond for the nearby Valley View Apartments. During a January 15, 2009 site visit, this nest appeared to be inactive. The third nest is more than 1.5 miles north- norlheast of the property near the shore of the southwestern portion of Lake Washington. Bald eagles are considered a sensitive species in Washington State (WDFW 2008a). 2 For additional information concerning site animals, see (in the attached Appendix) the Wildlife Reconnaissance report for the MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones prepared by Raedeke Associates, Inc. dated February 4, 2009. SEPA Checklist F1 (2-6-09).rtf -9 -02/06/09 For additional information concerning site animals, see (in the attached Appendix) the Wildlife Reconnaissance report for the MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones prepared by Raedeke Associates, Inc. dated February 4, 2009. Ducks, geese, hawks, songbirds, crows, amphibians, beaver, coyotes, raccoons, small rodents, squirrels, and chipmunks have also been observed on the City of Renton park property to the south of the site. b. List any threatened or endangered species known to be on or near the site. There are no known threatened or endangered animal species on or near the site. c. Is the site part of a migration route? If so, explain The site may be part of the Pacific Flyway for migratory birds. d. Proposed measures to preserve or enhance wildlife, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. 1) Describe special emergency services that might be required. SEPA Checklist F1 (2-6-09).rtf -10 -02/06/09 NIA. The subject application is for a non-project action for CPAs and rezoning only. 2) Proposed measures to reduce or control environmental health hazards, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? An operating Burlington Northern and Santa Fe Railroad line and an associated 100-foot-wide right-of-way lie immediately south of and adjacent to both (1) the MLDC Property and (2) the unimproved S. 14dh Street right-of-way that extends along the QIP Property's south boundary. Freight trains typically use the line twice a day. West of the QIP Property lies the remainder of the site of the former Black River Quarry, land that now is the site of construction-materials recycling activities (including, among other activities, concrete crushing), concrete batching, and outdoor use of heavy equipment. Noise from those operations is audible on portions of the site from time to time. Traffic noise from Interstate 405, SW Sunset Boulevard, and other area streets is also audible on the site. In addition, noise from passing overhead aircraft is also audible on the site. (SeaTac Airport is approximately 3.7 miles from the site. The Renton Municipal Airport is approximately 1 mile from the site.) 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. NIA. The subject application is for a non-project action for CPAs and rezoning only. 3) Proposed measures to reduce or control noise impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The approximately 27.1-acre MLDC Property, the site of the previously planned and approved Sunset Bluff Residential Subdivision, has largely been cleared and graded in preparation for residential development. About 4. 7 acres of the east end of the MLDC Property remain forested, as well as a tree line along the property's north edge. SEPA Checklist F1 (2-6-09).rtf -11 -02/06/09 The QIP Property is graded and is used for storage of construction materials and equipment, as well as for construction-materials recycling activities. (The QIP Property is the east part of the site of the Black River Quarry.) The Virtu Property is a vacant portion of the Sunset View Apartments site at that site's southeast comer. Properties adiacent to the site have the following uses: To the east-southeast: "Sunpointe Townhomes" residential development on land that is zoned Residential Multi-Family (RM-F). To the north from the MLDC Property's westerly (roughly) 55 percent Sunset Blvd frontage: Existing single-family homes across SW Sunset Boulevard on generally very deep lots in unincorporated King County zoned Residential Single Family/Duplex-8 Dwelling Units Per Acre (R-8-P). To the north from the MLDC Property's westerly (roughly) 55 percent Sunset Blvd frontage: Existing single family homes across SW Sunset Boulevard in Renton on Jots zoned Residential-8 Dwelling Units Per Acre (R-8). To the north and northwest of the QIP and Virtu Properties: To the west: To the south: The "Sunset View Apartments" (240 existing apartment units) on land within the City of Renton zoned Residential Multi-Family (RM-F) A contractor's office, use and storage of outdoor equipment, material storage, construction-materials recycling activities and concrete batching on land within the City of Renton zoned Heavy Industrial (IH) A 30-foot-wide unimproved right-of-way (South 140th Street under the unincorporated King County street naming system) abuts the QIP Property's south edge. An active Burlington Northern and Santa Fe Railway (BNSF) railroad line and associated right-of-way abuts both the south edge of the unimproved South 140th Street right-of-way and the south edge of the MLDC Property. An approximately 100-acre public park and open space area owned by the City of Renton (encompassing the Black River riparian forest) lies immediately to the south of the 100-foot-wide BNSF Railroad right-of-way. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. SEPA Checklist F1 (2-6-09).rtf -12 -02/06109 A concrete ecology block retaining wall has been constructed along the norlh edge of a stormwater detention pond built on the MLDC Properly in preparation for the previously proposed and approved Sunset Bluff Residential development. d. Will any structures be demolished? If so, what? NIA. The subject application is for a non-project action for CPAs and rezoning only. e. What is the current zoning classification of the site? Approximately 26.03 acres of the MLDC Properly are currently zoned Residential-10 Dwelling Units Per Acre (R-10), while the remaining approximately 1.05 acres of the MLDC Property (a strip along the westerly porlion of the MLDC Properly's south boundary) are zoned Resource Conservation (RC). Approximately 8. 7 acres of the QIP Properly are currently zoned Residential-10 Dwelling Units Per Acre (R-10), while the remaining approximately 0.3 acres of the QIP Properly (an irregular-shaped strip along roughly the east half of the QIP Properly's south boundary that varies in width from O feet to 78. 15 feet) are zoned Resource Conservation (RC). The entire 0. 9-acre Virlu Property is currently (a) designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map and (b) zoned Residential-10 Dwelling Units Per Acre (R-10). f. What is the current comprehensive plan designation of the site? Approximately 26. 03 acres of the MLDC Properly are designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map, while the remaining approximately 1.05 acres of/he MLDC Properly (a strip along the westerly portion of the MLDC Properly's south boundary) are designated Residential Low Density (RLD) on the Land Use Map. Approximately 8. 7 acres of the QIP Property are designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map, while the remaining approximately 0.3 acres of the QIP Properly (an irregular-shaped strip along roughly the east half of the QIP Properly's south boundary that varies in width from O feet to 78. 15 feet) are designated Residential Low Density (RLD) on the Land Use Map. The entire 0.9-acre Virlu Property is designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map. The entire 0.4-acre Unimproved RJW Strip is currently designated Residential Medium Density (RMD) on the City of Renton Comprehensive Plan Land Use Map. (Renton does not specify any zoning classification for unimproved street rights-of-way.) g. If applicable, what is the current shoreline master program designation of the site? NIA. SEPA Checklist F1 (2-6-09).rtf -13 -02106109 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes. The following environmentally sensitive areas under City of Renton critical areas classifications appear to exist (areas stated are estimates): (a) (b) (c) (d) (e) (f) (g) (h) Category 1 Wetland ( straddles parl of the east portion of the MLDC Properly's south boundary): On-site Porlion-6,078 square feet+/-; Total Area---3 acres +/- Category 3 Wetland (straddles parl of the west porlion of the MLDC Properly's south boundary): On-site Porlion-258 square feet +/-; Total Area---400 square feet +/- Critical Habitat (same as the Category 1 Wetland): 6,078 square feet+/- Sensitive Slopes (as defined in the City of Renton's Steep Slope definitions under RMC 4-11-190): 13.3 acres +/-3 Protected Slopes (as defined in the City of Renton's Steep Slope definitions under RMC 4-11-190): 1.67 acres+/-(such slopes are located in porlions of the east end of the MLDC Property) High Landslide Hazard areas (areas with slopes greater than 40%4): 7.8 acres +/-(located in porlions of roughly the easterly one third of the MLDC Properly, in porlions of the MLDC Property's norlh and south edges and along the QIP Properly's south edge) Very High Landslide Hazard area: 40,000 square feet+/-(an area located in the east end of the MLDC Property per map in the Preliminary Geotechnical Engineering Study reporl for the previously proposed Sunset Bluff Residential Development prepared by Earth Consultants, Inc., dated January 9, 2004) High Erosion Hazard: Possibly all porlions of the site in excess of 15% slope (about 52 percent of the site). i. Approximately how many people would reside or work in the completed project? NIA. The subject application is for a non-project action for CPAs and rezoning only. j. Approximately how many people would the completed project displace? NIA. The subject application is for a non-project action for CPAs and rezoning only. k. Proposed measures to avoid or reduce displacement impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: 3 The noted acreage includes all graded slopes 40 percent or steeper. 4 In addition to the noted acreage, if any area(s) of the site that have slopes between 15% and 40% are "underlain by soils consisting largely of silt and clay", under RMC 4-3-050J.1.b.iii those area(s) also would be considered High Landslide Hazard areas. SEPA Checklist F1 (2-6-09).rtf -14 -02/06/09 NIA. The subject application is for a non-project action for CPAs and rezoning only. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. NIA. The subject application is for a non-project action for CPAs and rezoning only. c. Proposed measures to reduce or control housing impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. NIA. The subject application is for a non-project action for CPAs and rezoning only. b. What views in the immediate vicinity would be altered or obstructed? NIA. The subject application is for a non-project action for CPAs and rezoning only. c. Proposed measures to reduce or control aesthetic impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Could light or glare from the finished project be a safety hazard or interfere with views? NIA. The subject application is for a non-project action for CPAs and rezoning only. c. What existing off-site sources of light or glare may affect your proposal? None. SEPA Checklist F1 (2-6-09).rtf -15 -02106/09 d. Proposed measures to reduce or control light and glare impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Renton Parks Off-site to the south of the subject properties are the City of Renton-owned Springbrook Trail and the approximately 100-acre park encompassing the Black River riparian forest. Northeast of the site ( across SW Sunset Boulevard), Earlington Park is located on Thomas Avenue SW Less than 2 miles away to the east (near the intersection of Sunset Boulevard and SR 169) are Liberty Park, Cedar River Park, the Renton Community Center, the Henry Moses Aquatic Center, and Carco Theater. King County Parks Skyway Park and Bryn Mahr Park are located within one mile to the north of the subject properties. Tukwila Parks In neighboring Tukwila, Fort Dent Park and Foster Golf Links are located within 1 mile to the southwest of the subject properties. b. Would the proposed project displace any existing recreational uses? If so, describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None that we know of b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. No known landmarks or evidence of historic, archaeological, scientific, or cultural importance are known to be on or next to the site. However, a letter from the Muckleshoot Cultural Resources Program dated August 29, 2003 was submitted to the City of Renton as an agency comment related to the prior rezone of a SEPA Checklist F1 (2-6-09).rtf • 16 • 02/06109 portion of the MLDC Property. That fetter asserted that the MLDC Property "is in a high probability area for archaeological sites and trails" and that the "area is known for rich archeo/ogica/ sites of which several are registered at the State Historic Preservation Office." c. Proposed measures to reduce or control impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. SW Sunset Boulevard (SR 900) fronts and serves the subject site. The currently expected access point to SW Sunset Boulevard lies approximately midway between Powell Avenue SW and Oakesdale Avenue SW to the north. Monster Road SW fies approximately 1,700 feet to the southwest of the site. Rezone proponent Quarry Industrial Park, LLC owns property tying between the Qt P Property and Monster Road SW and plans to provide a public or private access road from Monster Road SW through that property to the subject site. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes. Metro transit route 101 serves the site from SW Sunset Boulevard (SR 900), which fronts the MLDC Property portion of the subject site. Transit stops are available at the intersection of SW Sunset Boulevard and Oakesdale Avenue SW, which is about half a block west of the anticipated site entrance intersection with SW Sunset Boulevard. Metro route 101 connects with the Renton Transit Center, which is located at South 2nd Street and Burnett Avenue South about 1 mile to the east of the above-mentioned transit stops. There is also a Metro Park & Ride lot adjacent to the Renton Transit Center for those wanting to park and ride the bus. c. How many parking spaces would the completed project have? How many would the project eliminate? NIA. The subject application is for a non-project action for CPAs and rezoning only. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? NIA. The subject application is for a non-project action for CPAs and rezoning only. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. An existing BNSF rail fine runs south of and parallel to the site's south boundary. The rail fine is not expected to serve the subject properties. The Renton Municipal Airport exists approximately one mile northeast of the site. SEPA Checklist F1 (2-6-09).rtf -17 -02106/09 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. NIA. The subject application is for a non-project action for CPAs and rezoning only g. Proposed measures to reduce or control transportation impacts, if any: NIA. The subject application is for a non-project action for CPAs and rezoning only. (Applicable City of Renton traffic impact fees would have to be paid in conjunction with development of the subject properties under the proposed zoning.) 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. NIA. The subject application is for a non-project action for CPAs and rezoning only. b. Proposed measures to reduce or control direct impacts on public services, if any. NIA. The subject application is for a non-project action for CPAs and rezoning only 16. UTILITIES a. b. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other (communication cables). Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. NIA. The subject application is for a non-project action for CPAs end rezoning only C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Agent for Proponent: /}y~ iJ~ Name Printed: Ivana Halvorsen · Date: SEPA Checknst F1 (2-6-09).rtf Barghausen Consulting Engineers, Inc. February 6, 2009 -18 -02/06/09 D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies, plans and ro rams. You do not need to fill out these sheets for ro·ect actions. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Discharge to Water-Impacts to Stormwater Runoff Volume Future development consistent with the proposed Comprehensive Plan Land Use Map amendments and rezones might increase the volume of stormwater runoff from the site over that which would be anticipated under the site's existing Land Use Map designations and zoning although it is difficult to say that an increase would be likely. The reason that it is difficult to say that an increase would be likely is that it is unclear whether the proposed amendments and rezones would be expected to result in development that has more impervious sutface on the site that would be expected under residential development given the site's current zoning. (Stormwater runoff volume is roughly proportional to impervious sutface area.) Note that in regard to the R-10 zone (the zone that currently encompasses 35.63 acres or 96.3 percent of the site's 36.98 zoned acres), RMC 4-2-110F provides that (a) maximum building coverage for detached or semi-attached units is 70% and (b) maximum impervious sutface area is 75%. In the CO zone, RMC 4-2-1208 provides that the maximum Jot coverage for buildings is "65% of total Jot area or 75% if parking is provided within the building or within a parking garage." In the IL zone, RMC 4-2-130A provides that the maximum lot coverage for buildings is 65%. Neither the CO zone nor the IL zone has a code-prescribed maximum impervious sutface percentage. However, in the context of Commercial Office and Light Industrial developments, the City's substantial landscaping regulations (including parking lot landscaping regulations) also apply. The landscaping requirements applicable to development in the CO and IL zones prevent completely impervious site development from occurring even if a development proponent preferred such development. Also, whether or not public streets and sidewalks are installed bears upon the extent of impervious sutfaces. Such streets and sidewalks would be required in residential development under the site's current zoning. In contrast, under the CO and IL zones, Commercial Office and Light Industrial developments may have either (a) a combination of streets (with sidewalks), parking lots and parking Jot driveways or (b) a combination of just parking lots and connecting driveways that may be narrower than public streets. While residential development is quite limited in the 2. 7-percent RC-zoned portion of the site, that fact has little to no bearing on the relative extent of likely developable impervious sutfaces at this site for the following reasons: ( a) With a residential development under the existing zoning, the area of the narrow RC-zoned portion of the site (which is along a portion of the site's south boundary) would be used for a SEPA Checklist F1 (2-6-09).rtf -19 -02106/09 combination of purposes that include (i) public street construction at the top of the existing steep slope along the RC-zoned-porlion's south edge, (ii) steep slopes, (iii) parl of a stormwater detention pond ( a pond that has already been built as parl of the planned Sunset Bluff Residential Subdivision within a parl of the south porlion of the MLDC Properly and (iv) a paved maintenance pond access road through parl of the RC-zoned-porlion to reach the stormwater detention pond. (b) With Commercial Office Development on the MLDC Property and Light Industrial Development on the QIP Properly, much of the porlion of the site that is currently RC-zoned would be used to provide space for maintaining the same steep slopes as under residential development and likely the same or similar stormwater detention pond and paved maintenance pond access road to reach the pond, likely resulting in an extent of area of impervious surface equivalent to that which would be expected to be impervious in the RC-zoned porlion of the site with residential development of the site under the site's current zoning. In any event, given the above-described factors involved, it appears that even if the proposed Comprehensive Plan Land Use Map amendments and rezones did increase the ultimately developed impervious surface area and thus the corresponding volume of stormwater runoff from the site over that which would be expected under the site's existing Land Use Map designations and zoning, the relative increase to impervious surface area and thus volume of stormwater would likely be insignificant. Discharge to Water-Impacts of Lawn and Landscape Ferlilizers and Herbicides/Pesticides Second, source control of water quality should be easier to control under the proposed zoning. Unlike small-lot subdivisions of single-family homes where each home and lot is owned independently (which is the type of land use contemplated under the existing zoning) and each thus has its own lawn and landscape ferlilization and herbicide/pesticide practices, developments under the proposed Commercial Office and Light Industrial zones would be reasonably expected to be fewer and much larger in scale, with professional landscape servicing and thus better opporlunities for appropriately controlling lawn and landscape ferlilization and herbicide/pesticide practices to prevent excessive chemical loading of stormwater runoff from the porlions of the site that will be in lawns or landscaped areas. Thus, the proposed zoning would likely decrease discharge of landscape ferlilizers and herbicides/pesticides to stormwater runoff when compared to residential development under the site's existing zoning. Emissions to Air Emissions to air from residential development allowed under the site's existing zoning would have primarily involved both short-term emissions (such as construction vehicle and equipment exhaust and dust generation from project construction) and Jong-term emissions (such as emissions from the heating systems, fireplaces and woodstoves of the homes as well as automobile exhaust emissions of personal vehicles and service/delivery vehicles arriving at and leaving from each home. For comparison, note that the Light Industrial zone's purpose statement (which is set forth in RMC 4-2-020P) states in part that "[a]ctivities in this zone do not generate external emissions such as smoke {and] odor . . . outside the building." Commercial Office uses would not be expected SEPA Checklist F1 (2-6-09).rtf -20 -02/06/09 to generate external emissions such as smoke and odor outside the building either. Uses in both the proposed Light Industrial-zoned and Commercial Office- zoned portions of the site would thus primarily involve both short-term emissions (such as construction vehicle and equipment exhaust and dust generation from project construction) and limited types of long-term emissions (primarily emissions from the buildings' heating systems, as well as automobile exhaust emissions from vehicles arriving at and leaving from each building). Such emissions are similar to the short-term and Jong-term emissions that residential development allowed under the site's existing zoning would have produced but, because Light Industrial and Commercial Office uses would not have fireplaces or woodstoves, the particulate matter from those long-term sources of emissions to air would not be involved. The proposed rezoning would thus not be expected to increase emissions to air. Production, Storage, or Release of Toxic or Hazardous Substances The Light Industrial zone's purpose statement (which is set forth in RMC 4-2-020P) states in part that: "Material and/or equipment used in production are not stored outside. Activities in this zone do not generate external emissions such as smoke, odor, ... or other nuisances outside the building." Commercial Office uses would be expected to be similarly restrictive. Note that (a) indoor production or storage of toxic or hazardous materials is allowed to some extent in the Light Industrial zone (by virtue of "Manufacturing and fabrication, lighr being a permitted use in the zone 5) and (b) a zoning text amendment is currently pending to make "Manufacturing and fabrication, light" a permitted use in areas zoned CO that are within the Employment Area Valley (EAV) land use designation (and thus within the MLDC Property if the proposed rezone and corresponding land use map designation for the MLDC Property are approved). However, (1) it does not reasonably appear that the proposed zoning and corresponding land use map designations for the site would likely lead to increase of a release of toxic or hazardous substances when compared to residential uses of the property allowed under existing zoning but (2) as noted under the heading "Discharge to Water", above, it does appear that the proposed zoning would likely decrease discharge of lawn and landscape fertilizers and herbicides/pesticides to stormwater runoff when compared to residential development permitted under the site's existing zoning. 5 RMC 4-11-130 defines "Manufacturing and fabrication, light" as follows: MANUFACTURING AND FABRICA T/ON, LIGHT: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Light manufacturing and fabrication is characterized by the use being contained within buildings, and materials or equipment used in production not being stored outside. Light manufacturing and fabrication activities do not generate external emissions such as smoke, odor, noise, vibrations or other nuisances outside the building. This definition includes but is not limited to manufacture and fabrication of electronic components, office products. furniture, glass products, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. SEPA Checklist F1 (2-6-09).rtf -21 -02/06/09 Production of Noise The Light Industrial zone's purpose statement (which is set forth in RMC 4-2-020P) states in part that: "Activities in this zone do not generate external emissions such as . . . noise, vibration ... outside the building." Commercial Office uses would be expected to be similarly restrictive. Thus, the main long-tenn source of noise from Light Industrial and Commercial Office development on the site would appear to be from vehicle usage. Such use would likely generate noise primarily during the business day, in contrast to residential uses, which would be expected to generate more noise into the evening or night (from vehicle use, from children at play outdoors, or from playing of loud music). Proposed measures to avoid or reduce such increases are: No such measures are proposed because such increases are not likely and, even if they were to occur, are not expected to be significant. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Because the proposed Comprehensive Plan Land Use Map amendments and rezones would likely lead to Commercial Office and Light Industrial development that would probably generate stonnwater runoff bearing lesser concentrations of landscape fertilizers and herbicides/pesticides to downstream properties (including the 100-acre City of Renton park property to the south of the site and its wetlands and other aquatic features) than would stonnwater runoff generated from residential development under the site's existing zoning, the proposed amendments and rezones would be likely to benefit the plants and wildlife within the park property. Proposed measures to protect or conserve plants, animals, fish, or marine life are: No such measures are proposed because the proposed Comprehensive Plan Land Use Map amendments and rezones would be likely to benefit the plants and wildlife within the park property. 3. How would the proposal be likely to deplete energy or natural resources? The proposed Comprehensive Plan Land Use Map amendments and rezones would not be likely to deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: City enforcement of applicable energy codes to future development project(s) on the site. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? As explained in response to Question 2, above, because the proposed Comprehensive Plan Land Use Map amendments and rezones would likely lead to Commercial Office and Light Industrial development that would probably generate stormwater runoff SEPA Checklist F1 (2-6-09).rtf -22 -02/06/09 bearing lesser concentrations of landscape fertilizers and herbicides/pesticides to downstream properties (including the 100-acre City of Renton park property to the south of the site and its wetlands and other aquatic features) than would stormwater runoff generated from residential development under the site's existing zoning, the proposed amendments and rezones would be likely to benefit the plants, wildlife, wetlands, and other aquatic features within the park property. In addition, as explained in section 4.3 (Disturbance Impacts of Proposed Rezone) on page 19 of the Great Blue Heron Assessment for the MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones prepared by Kenneth J. Raedeke, Ph.D., Raedeke Associates, Inc. dated February 2, 2009 (see copy in the attached Appendix), the proposed amendments and rezones should have no adverse impact on the heron colony in the Black River riparian forest located in the City park property lying to the south of the subject site. Proposed measures to protect such resources or to avoid or reduce impacts are: None needed. (See the immediately prior answer.) 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed Comprehensive Plan Land Use Map amendments and rezones would affect land use 6 by allowing Commercial Office uses on the MLDC Property and Light Industrial uses on the QIP and Virtu properties, uses that are not permitted uses under the site's current zoning. Conversely, the proposed Comprehensive Plan Land Use Map amendments and rezones would eliminate residential uses as allowed uses under the site's Land Use Map designation and zoning. Proposed measures to avoid or reduce shoreline and land use impacts are: None. (No significant adverse land use impacts from the proposed Comprehensive Plan Land Use Map amendments and rezones are probable. 7) 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed Comprehensive Plan Land Use Map amendments and rezones would allow Commercial Office uses on the MLDC Property and Light Industrial uses on the QIP and Virtu properties. At full build-out and use, those uses likely would generate more peak-hour vehicle trips to and from the site and may result in more usage of certain types of utilities (such as electricity and, possibly, natural gas) than would residential uses allowed on the site under the ' No shorelines are involved at the subject site. 7 Note that prior to the fall of 2003, all of the MLDC Property (except for its 1.05-acre RC-zoned portion) was zoned Residential Multi-Family Infill (RM-I}, subject to a Development Agreement between the City of Renton and the property owner (recorded under King County Recording No. 20001013000484) that limited the number of residential units on that property to a maximum of 260. Also, note that prior to the December 20, 2007 effective date of rezone Ordinance 5335, all of the QIP Property (except for its 0.3- acre RC-zoned portion) was zoned Heavy Industrial (IH). In addition, note that prior to the December 20, 2007 effective date of rezone Ordinance 5334, the entire Virtu Property was zoned RM-F. Thus, nearly all of the MLDC Property and the QJP Property, as well as the entire Virtu Property have a recent history of zoning that allows more intensive uses than does the current R-10 zoning on those properties. SEPA Checklist F1 (2-6-09).rtf -23 -02106/09 site's existing zoning (and under the existing Development Agreement recorded against the MLDC Property under King County Recording No. 20040107000486). As to increase of demands on transportation, primary access to a future, possible Commercial Office development on the MLDC Property would be to abutting SW Sunset Boulevard, with secondary access (or at least emergency vehicle access) through the Black River Quarry Property and the QIP and/or Virtu properties to Monster Road SW. Depending upon the nature of the particular development on the QIP and Virtu properties (and possibly depending upon the nature of the particular development on the MLDC Property), Light Industrial development on the QIP and Virtu properties would likely have primary access to Monster Road SW (with at least emergency vehicle access to SW Sunset Boulevard) or, alternately, primary access to both Monster Road SW and SW Sunset Boulevard. Because of the range of potential Light Industrial uses allowed under the IL zoning classification and the range of Commercial Office uses allowed under the CO zoning classification, the site's proposed zoning rezones may or may not somewhat increase or reduce the demand for police and fire protection as to that which may have been needed in connection with residential development of the site. By eliminating residential uses, the proposed rezone would eliminate the demand for schools to accommodate residents. Adequate utilities for either Light Industrial uses or Commercial Office uses are believed to available to the site. Proposed measures to reduce or respond to such demand(s) are: No measures are logically called-for in regard to this proposed non-project action. (As required by the City of Renton, Renton traffic impact fees, park impact fees, and Fire Department impact fees would be required to be paid in connection with development under the IL and CO zoning classifications. Other governmental services relating to such potential future Light Industrial and Commercial Office development would be paid for by property tax, sales tax and other tax revenues assessed against the property or associated sales generated by the property. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed Comprehensive Plan Land Use Map amendments and rezones are not expected to conflict with local, state or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Agent for Proponent: /'};-v 1vvL::t, ~ Name Printed: Ivana Halvorsen' Barghausen Consulting Engineers, Inc. Date: February 6, 2009 SEPA Checklist F1 (2-6-09).rtf · 24 -02106109 APPENDIX ~ I w ~ ~ ~.;. I <;,. S. 137th STREET(•) {UNIMPR0\1£0) 7 I 6 •·•·•······•········· "SUI\ISIE'f VIili AP£R'i'ililEl\l'f8" (fORMERLY -EMPIRE ESTATES•) , UNIMPROVED--~ , -L EAST LINE C.E. BROWNWELL D.L.C. NO. EAST UNE JUNCTION ADDITION MLDC PROPERTY EXISTING RC- EXISTING RC-ZONED AREA Of ZONED AREA OF MLDC PROPERTY QIP PROPERTY (379,210± S.F.) (13,793± S.F.) (45,750± S.F.) EXISTING R-10 "' 0 ZONED AREA OF ' QIP PROPERTY ~ N QIP ' ~ ~ PROPERTY w ~ z 0 "' u CITY OIF Ii RIEIM'i'OI\I PAR!< ~ 5 0 0 250 500 ~ ~ (•) UNINCORPORATED KING COUNTY ' % ~ STREET DESIGNATION ~ 0 SCALE I" = 500' z SOUTH LINE SECTION 13 File: P:~07000s'.!17639::i,11urvai'.l7639o3.dwg Dole,!'.Time: 011'.22.:'.2009 06:JO Sci,ls: 1-500 l!'"Ollace Xcefs: !; ~,~ CITY OF ti~::! alg ~ RENTON c:§oQ ~" ~ >-Cl) z . I-I-0 i!IUll!l'Olll!'flli a: Zt-I-w TOWl\lllOlilllliS a.>-w-C, ~ !!! 01-z a: a: C ::C a.w ~x ::c a.a. Cl) _o wW c( c,a: ~ Cl) 3: a. cew >:::, .......... zz a: a: ceo w-_.N a.> II.. w Oc a: z a:z 0.: C 0 a.< ~z I- 0 z o< C w ...I (.') a: ::::E GREAT BLUE HERON ASSESSMENT MLDC, QIP and Virtu Properties Comprehensive Plan Land Use Map Amendments and Rezones Renton, Washington February 2, 2009 RAEDEKE ASSOCIATES, INC. Report To: Title: Project Number: Prepared By: Date: Merlino land Development Co., Inc. and Quarry Industrial Park, LLC Attn: Mr. Don Merlino 9125 -10th Avenue South Seattle, Washington 98108 Great Blue Heron Assessment MLDC, QIP and Virtu Properties--Comprehensive Plan Land Use Map Amendments and Rezones Renton, Washington 2007-002-003 Kenneth J. Raedeke, Ph.D. RAEDEKE ASSOCIATES, INC. 5711 Northeast 63rd Street Seattle, Washington 98115 (206) 525-8122 February 2, 2009 11 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Page 1.0 INTRODUCTION ........................................................................................................ 1 2.0 STATUS OF THE GREAT BLUE HERON ................................................................ 2 2.1 Regulatory Status of Great Blue Herons ............................................................... 2 2.2 Historical Status of the Great Blue Heron Population .......................................... .2 2.3 Heron Population Status in King County .............................................................. 3 2.4 Heron Response to Disturbance ............................................................................ .5 2.5 Analysis of Status of Regional Heron Colonies .................................................... 8 2.6 Studies of Nest Colony Abandonment ................................................................ 11 3.0 HISTORY AND STATUS OF THE BLACK RIVER COLONY ............................. 14 3.1 Number of heron nests ......................................................................................... 14 3.2 History of Colony Disturbance ............................................................................ 15 3 .3 Existing Buffers on the Heron Colony ................................................................ 17 4.0 ASSESSMENT OF REZONE IMPACTS ON THE BLACK RIVER HERONS ...... 18 4.1 Description of Existing Conditions ..................................................................... 18 4.2 Description of Proposal ....................................................................................... 18 4.3 Disturbance Impacts of Proposed Rezone ........................................................... 19 4.4 Adequacy of the Buffers on the Heron Colony .................................................. .20 4.5 Construction Limitation Zone .............................................................................. 21 5.0. HABITAT APPROACH TO WILDLIFE PROTECTION ........................................ 23 6.0 LITERATURE REVIEWED ...................................................................................... 25 FIGURES AND TABLES ................................................................................................ .33 iii 1 1.0 INTRODUCTION The purpose ofthis report is to provide an assessment of the probable impacts on the status of the Black River great blue heron (Ardea herodias) colony that would result from the pending Comprehensive Plan Amendments and Rezones of the MLDC Property, QIP Property and Virtu Property in Renton, Washington. The Black River heron colony is located in the City of Renton north/northwest of the existing Black River Corporate Park, within approximately 100 acres of City-owned permanent park, open space, riparian forest and wildlife habitat. The lands that are the subject of this report in relation to the Black River heron colony are the MLDC Property, the QIP Property and the Virtu Property located in Section 13, Township 23 North, Range 4 East, W.M. and lying north of the BNSF railroad tracks in the City of Renton. See Figure 1 (the attached 11" by 17" color aerial photo exhibit) for the boundaries of the properties in relation to the heron colony and its surroundings. The 27.1-acre MLDC Property (the site of the previously planned Sunset Bluff Residential Subdivision) is located south of SW Sunset Boulevard, east of the Virtu and QIP properties, and west-northwest of the Sunfointe Townhomes. The 9.0-acre QIP Property is bounded on the south by the South 140' Street unimproved right-of-way, on the north by the South 137'h Street unimproved right-of-way, on the east by the MLDC Property, and on the west by a portion of the Black River Quarry. The 0.9-acre Virtu Property is a southeast corner portion of the existing Sunset View Apartments site located at 2101 SW Sunset Boulevard. The MLDC Property was recently cleared and graded for the planned development of the Sunset Bluff Residential Subdivision. The open space area planned as part of Sunset Bluff on the eastern portion of the MLDC Property has been retained along with the Category 1 wetland and its buffer that straddle the south boundary of the eastern portion of the MLDC Property. The QIP Property is used for storage of construction materials and equipment and for construction-materials recycling activities. It is the eastern part of the Black River Quarry property. The Virtu Property is a vacant, forested portion of the Sunset View Apartments site. The lands in question are surrounded by residential land uses to the east, north, and northwest, the BNSF railroad line to the south, and heavy industrial lands and uses to the west. The heron colony is located across the BNSF railroad line from the MLDC, QIP, and Virtu properties and adjacent to the regional storm-water ponds located in the above- mentioned City of Renton park lands (Figure I). MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 2 2.0 STATUS OF THE GREAT BLUE HERON 2.1 REGULATORY STATUS OF THE GREAT BLUE HERON The great blue heron is a protected non-game species. As a type of non-game species, the great blue heron is protected from hunting and any other form of direct harm. It is also illegal to destroy an active heron nest. Additionally, the great blue heron has been classified by the Washington Department of Fish and Wildlife (WDFW) as one of the Priority Species under Criterion 2 for species with vulnerable aggregations. Great blue heron are considered to be vulnerable due to their inclination to aggregate for breeding purposes (WDFW 2008). It should be noted that WDFW's Priority Species classification of the great blue heron is not based on documented population declines but, rather, by the heron's vulnerability due to the aggregated nature of their nest sites. WDFW has prepared recommendations for management of the habitat priority species (Appendix A); however, the recommendations are guidelines only and are not regulatory in nature. It should also be noted that WDFW's recommendations for buffers are based largely on studies of heron colonies in non-urban habitats. None of the studies WDFW cites in the current PHS guidelines (which are on WDFW's Web site) in support of its buffer recommendation for the great blue heron were conducted in the Puget Sound reg10n. 2.2 HISTORICAL STATUS OF THE GREAT BLUE HERON POPULATION While historically there is thought to have been a decline in heron populations in the Puget Sound region starting with European settlement during the early 1900s, a review of historical evidence shows that the number of breeding great blue herons in the region has been increasing since the 1960s. Calambokidis et al. (1985) compared available historical data with total nest counts conducted in 1984 in eight of the major great blue heron colonies in western Washington (Table 1 ), and concluded that there was "no evidence that these heronries were experiencing significant declines in nest numbers over time" (page 97) and that the "numbers of nesting herons at Samish Island, Dumas Bay, Nisqually, and Totten Inlet have apparently increased over time, while nest numbers at Auburn and Long Island sites have fluctuated, but appear to be stable or possibly increasing" (page 97). MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 3 The data by Calambokidis et al. (1985), presented in Table 1, actually shows a three-fold increase in the number of heron nests in the colonies that they intensively censused as part of their study. Norman (1995) reviewed the status of over 100 heron colonies in the Puget Sound area and concluded that there is no evidence to suggest there has been a decline in heron numbers. In his review of the Christmas Bird Count data, Norman (1995 and 1991) concluded that there had been an increase in heron numbers over the past 25 years. Audubon's Christmas Bird Counts for the United States as a whole found a nationwide increase of850% during the period from 1966 to 1994 (from 5,000 to 42,500 herons). Audubon's Christmas Bird Counts for Washington State showed an even greater increase (4381 % over the same 28-year period, from 47 to 2059 herons). Adjusted for any changes in number of observers or observer effort (using the index of the number of birds observed per party-hour), the rate of increase of the herons in Washington State over the same period was 300%. The regional observations of Calambokidis et al. (1985) and Norman (1995) are consistent with increasing population trends in great blue heron from 1966 to 2003 recorded across the range of the Pacific coastal heron populations in North America, with the exception of British Columbia and small areas of southern Oregon and northern California (Sauer et al. 2005). Similarly, Graham et al. (1996) reported a 98% increase in the number of active heron colonies and a 55% increase in the number of heron pairs from 1976-81 to 1986-91 as part of an intensive inventory of 1,613 heron colonies in the Midwest. Citing the results of others (e.g., a 150% increase noted by Brechtel 1981; a 100% increase by Martin & Lester 1990, and an undefined increase by McCrimmon 1982), Calambokidis et al. (1985, page 44) concluded that "this species appears to have healthy growing populations in North America". It should be noted that the observed increase in great blue heron numbers in Washington, Alaska, and much of Oregon and California (Sauer et al. 2005) has not been observed in British Columbia. Butler (1997) calculated a 6% annual decline in heron numbers in coastal British Columbia between 1966 and 1994, based on the Breeding Bird Surveys. In a more recent Environment Canada Web page (www.ecoinfo.ec.gc.ca/env _ind/region/herons/heron_ e.cfrn), Butler (2008) notes an annual rate of decline of9.4%. While he notes that this decline is not statistically significant due to small sample size, the decline has raised the status of the great blue heron in British Columbia to what the Canadians refer to as a Species at Risk. 2.3 HERON POPULATION STATUS IN KING COUNTY The heron population within the urban lands of King County is also increasing in numbers, consistent with the general trends cited above. Raedeke and Stabins (2009) MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 4 compiled information on the heron nest colonies from a variety of sources (including the Washington Department of Fish and Wildlife's PHS database) and from intensive monitoring surveys conducted by the authors (Figure 3 ). Based on the data compiled from the sources cited above, we note the following great blue heron population trends in King County: • the number of active nesting colonies has increased from seven in 1981 to 14 in 2008 (2008 data from Chris Anderson at WDFW) • the number of active nests increased from 16 in 1980 to over 400 in 2006 ( data concerning a complete inventory of heron colonies is not yet available for 2007 and 2008), • based on the most recent data, all colonies inventoried are showing increases in number of nests (the average number of active nests has increased from about 12-15 per colony to over 50 per colony), with the exception of colonies that have experienced repeated predation by bald eagles • while some colonies have been abandoned, other colonies have relocated to nearby sites in subsequent years ( e.g., the Spencer Property colony relocation to Redmond Town Center three miles to the south). It should be noted that these data represent the minimum number of nesting herons, as other small heron nest colonies were reported to exist but were not included in the data summaries (e.g., two nests on the Montlake fill near the University of Washington's Urban Horticulture Center) and not all nests are observed during field surveys due to concealment by foliage. Smith et al. ( 1997) mapped 21 confirmed heron nest sites, two additional probable nest sites, and 63 additional possible nest sites in King County. Butler (2007) and Vennesland (2007) suggested that the increase in heron numbers given in Figure 3 is the result of increased survey effort over time. Due to the charismatic nature of the great blue heron in the urban areas of Puget Sound, there has been considerable effort expended to find and document heron nesting colonies in this region (see Shipe and Scott 1981, Murphy 1988, Calambokidis et al. 1985, Stabins and Raedeke 1992, Norman 1995, Smith et al. 1997). The 1981 great blue heron survey was an intensive year-long effort by two WDFW biologists that included a significant outreach effort to interested "birders" and professional ornithologists in the region. It is quite unlikely that they missed any heron colonies of any size. Following the intensive 1990 survey conducted by Stabins and Raedeke (1992), there have been regular surveys conducted by the present authors, various interested parties, and WDFW biologists that have documented (a) new nesting colonies where none where found previously, (b) abandonment of old colonies, and (c) the number of birds in MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 existing colonies. Hence, it is unlikely that significant colonies have existed that were not included in the surveys. Further, as set forth in the summary points above, there has been a noted increase in the number of nesting colonies and in the number of herons in existing colonies. It is unlikely that the increase in numbers could have been the result of immigration, as most colonies in the region for which we have data are also increasing in number of nests and number of herons. Butler (2007) further suggests that the increase in heron numbers is not believable based on the productivity measurements by Stabins et al. (2006). However, Stabins et al. (2006) clearly noted that productivity was at or above the level considered minimum for population maintenance by Henny ( 1972). In any case, comparisons to Henny' s (1972) theoretical estimate of minimum necessary productivity levels for population maintenance should be reviewed with caution, as his estimate was based on many assumptions, including juvenile survival and adult survival rates in Oregon. The survival/mortality rates he used for Oregon may not be applicable to King County. The applicability and/or validity ofHenny's (1972) estimate of minimum required productivity are more fully discussed in Section 2.5 under the subheading Viability of Local Heronries. 2.4 HERON RESPONSE TO DISTURBANCE 5 The WDFW PHS heron guidelines reference various field-research studies of heron response to disturbance and the effect of buffers on the colonies. Five studies deal with observed flushing distances (Taylor et al. 1982, Vos et al. 1985, Parker 1980, and Rogers and Smith 1995); one deals with observed nest distributions in relation to disturbance (Werschkul et al. 1976). It should be noted that while those studies may be indicative of heron response to disturbance and are the basis of the WDFW heron PHS guidelines, none of those studies were conducted in urban habitats, none of them were conducted in this region, and several of them reference different heron species. By far the most informative studies of heron response to disturbance in local urban conditions are Stabins (2001) and Vennesland (2000). Carlson and McLean (1996) is an informative large scale study of heron response to disturbance in urban areas in the Midwest. Flushing Studies The flushing studies referenced in the WDFW PHS heron guidelines were all similar in design. The authors subjected a heron-nesting colony to disturbance (generally humans walking or motoring within different distances of the colony) and then observed and noted the herons' reactions. The minimum distance at which the birds flushed from the nest was then considered to be the minimum recommended buffer. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 Taylor et al. (1982), studying a single heron colony in Indiana, noted the response of herons in a nesting colony to different types of human disturbance at varying distances. Herons, they found, did not flush in response to: • mechanized farming within 66 feet if the farmers did not get off the tractor • helicopters within 227 feet • human activities within 280 feet • deliberate vegetation destruction within 495 feet. They recommended a buffer of 577 feet as a no-entry zone for human activity. 6 Vos et al. (1985), studying heron response to boating activity in Colorado, recommended a buffer of 150 meters (492 feet), which was their greatest observed flushing distance, plus 50 meters for safety. They hypothesized that, while flushing from the nest is not in itself an impact on the heron, flushing could reduce fledgling production due to heat stress, increased vulnerability to predation, and increased energy expenditure of adults. Rogers and Smith (1995) exposed fifteen species of colonial waterbirds at 17 colonies in Florida in semi-urban and rural areas to three different human disturbance mechanisms to determine recommended setback distances for protecting these nesting assemblages. They found that great blue herons flushed at mean distances of 30 meters in response to people on foot and at mean distances of approximately 28 meters in response to boat or canoe approach. Using a regression analysis for all species of wading birds, they recommended setbacks (e.g., buffers) of 100 meters (328 feet) for people walking around the heron nest sites, and smaller buffers of 82 meters (270 feet) for motorboats. Vennesland (2000) conducted a study of response of nesting herons to pedestrian approach in British Columbia. He found mean flushing responses of herons to be approximately 55 meters (181 feet) in the most rural areas to about 10 meters (33 feet) in the most urbanized areas (see Figure 3.3, page 88). He then used the regression analysis results for wading birds in Florida developed by Rogers and Smith (1995) to recommend a buffer setback of 165 meters (544 feet) for herons in British Columbia. Logging Disturbance A study of nest distribution in relation to logging disturbance dealt with the impacts of timber harvesting on heron colonies in Oregon (Werschkul et al. 1976). In their study, they noted that (a) there was a lower percentage of active nests in the disturbed colony and (b) active nests were farther from logging disturbances than inactive nests were. However, conclusions cannot be drawn from their data because, as even they noted that they "realize[ d] that fledging rate should have been measured at more disturbed sites ... " (Werschkul et al. 1976:662). They had only one disturbed site and, while the fledgling MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 rate for the disturbed site (2.20 per nest) was lower than the average for the undisturbed sites, it was within the range observed for the undisturbed sites (2.18 to 2.58 per nest). With a sample size limited to one nesting colony in the disturbed category, the sampling was statistically inadequate and the study's conclusions were thus made without statistical basis. Response to Human and Mechanized Disturbance 7 Carlson and McLean ( 1996) conducted an evaluation of the impacts of human disturbance on great blue heron nesting colonies. They calculated fledging success for 19 colonies with a variety of associated human-disturbance and buffer conditions (from no buffer to a 2,640-foot buffer). Disturbance at each colony was classified as to the type of disturbance ( e.g., humans on foot or mechanical activity) and ranked by degree of severity and frequency of disturbance. No correlation was determined to exist between fledging success and the size of a buffer around the colony; that is, the size of the buffer zone has no statistically significant effect on the fledging success of the colony. Carlson and McLean (1996) did find that colonies with frequent foot traffic in the actual colonies had lower nesting success than did colonies with no disturbance or colonies with mechanical disturbances (e.g., farming, vehicle traffic, trains, etc.). They noted that barriers such as water and fences that isolate the colony from human access increased the fledging success rate of the colony. It is significant to note that mechanical disturbance, such as construction noise, was not found to be a disturbance that affected nesting success. Vennesland (2000) studied heron nesting colonies in coastal southern British Columbia and found that "there was no significant relationship between total human activity within 250 m of 22 colonies and mean heron breeding productivity in 1999 (P>O. I 5)(including pedestrians, cars, planes and land clearing equipment)." These results are consistent with the observations of Taylor et al. (1982), who noted that mechanized farming within 66 feet of the nest did not result in flushing. Based on the results of Carlson and McLean (1996) cited above, Butler (1997, page 132) concluded that "large forest buffers ( e.g., 825 feet) may not be necessary if other means of minimizing human disturbance in the colony are available" ( emphasis added). Butler (1997) and Carlson and McLean (1996) noted that effective types of buffers include water barriers and vegetation. Such features are found within the Black River riparian forest. The WDFW PHS guidelines failed to consider the results of the Carlson and McLean (1996) study or of the Vennesland (2000) study. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 2.5 ANALYSIS OF STATUS OF REGIONAL HERON COLONIES The status of King County heron colonies and their relationship to disturbance has recently been studied and summarized by Stabins (2001). Based on 206 visits to 19 colony sites in King County and a review of the existing inventory data, she found that the number of colonies and number of breeding herons have increased since the early 1980s. Stabins (200 I, see Table 10) found that the average disturbance-free buffer around the heron colonies in King County in 2000 was 59.8 feet. Stabins (2001) conducted a quantitative analysis to determine which landscape features affected productivity, size, and success of heron colonies in her King County study area. She determined nest productivity for 3 54 nests in 13 active colonies during 206 colony site visits. She characterized the landscape habitat conditions around the colonies and compared them with colony characteristics (e.g., productivity, size, and success). Landscape characteristics that Stabins (200 I) measured were: • proportion of high and low human activity around the colony • proportion of areas around the colony consisting of roads, houses, and other buildings (high human activity) or consisting of forest, fields, and water (low human activity) • distance to salt water • distance to water body • distance to active bald eagle nest • size of closest stream (e.g., stream "order") Stabins (2001) then used multiple-linear regression to determine which landscape features affected productivity, colony size, and success. She found no correlation between buffer width and the viability and size of the colony. She found that colony success was positively related to (a) increased amounts of human disturbance around the nests and (b) increased colony size. She also found that colony success was negatively related to decreased distance from bald eagle nests. 8 Simpson (1984) monitored 15 heron colonies over a four-year period and found similar results. While these results are somewhat counterintuitive, both Simpson and Stabins speculated that proximity to human activity might deter eagle predation. Simpson (1984, page 35) noted that "Nesting herons could benefit from a close association with people if predators are less tolerant of humans". Stabins' and Simpson's results are also consistent with the findings of Carlson and McLean (1996), who found no correlation between buffer width and the success of the colony as measured by the production of viable fledglings. Further, Vennesland (2000) MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 9 concluded that "Total human activity (including pedestrians, cars, planes, and land clearing equipment) had no relationship to heron breeding productivity)". Buffers and Local Heron Colonies The conditions that support local heron colonies in urban areas like Renton are most indicative of the needs of the herons at the Black River heron colony, while studies of herons from other areas under distinctly different conditions in rural and remote areas responding to different types of disturbance have less applicability. For example, Werschkul et al. (1976) studied the relationship of herons in relatively isolated forests and in relation to forest management practices in Oregon; Parker (1980) studied the responses of herons to recreational activities in riparian forests in Montana; and Taylor et al. (1982) noted the responses of herons to recreational use in a park area with a habitat of mixed forest and agricultural uses. The results of those three studies do not provide relevant gauges to potential disturbance to the Black River heron colony associated with construction and use of buildings for office and light industrial purposes on the MLDC, QIP and Virtu properties. The portion of the MLDC Property that would be developed in the future with buildings for office and/or light manufacturing uses consistent with the proposed Office zoning has been cleared and graded for the previously planned Sunset Bluff subdivision. The QIP Property (the easterly part of the Black River Quarry) has been cleared and graded and is being used for construction-materials recycling and storage. All three of these properties (a) lie well outside of the roughly 100-acre urban riparian forest and public open space (within which the Black River heron colony lies) beyond an active freight railroad line and (b) are flanked by existing residential developments to the southeast (the Sunpointe Townhomes) and to the northwest (the Sunset View Apartments) and heavy industrial uses to the west (a construction-materials recycling operation that includes concrete crushing, concrete batching and related outdoor use of heavy equipment in the portion of the Black River Quarry to the west). The relationship between existing heron colonies and development demonstrates the tolerance of these birds in urban areas. Jones and Stokes, Inc. (1991), Jensen et al. (1990), Butler (1997), Carlson and McLean (1996) and others have shown that heron nesting colonies are tolerant of urban disturbances and have actually increased in numbers within short distances of disturbance (0 to 25 feet). Viability of Local Heronries Bayer (1991, comment letter to the City of Renton) questioned the relevance of a buffer analysis based on local heron colonies. He asserted that none of the local colonies could be considered viable because they were below his theoretical minimum number of fledglings per nest needed for a viable colony. He asserts 2.33 ( or 2.11-2.53) fledglings per nest as the minimum number required for colony viability. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 10 There are several ways to demonstrate that Bayer's concern is unfounded. First, regardless of Bayer's theoretical threshold number calculated for other areas, (a) the majority of the heron colonies in the Puget Sound area are increasing in number of nests and (b) the number of Puget Sound-area heron colonies is also increasing. This suggests that if the productivity in these heromies is below Bayer's theoretical minimum number of fledglings per nest required for growth, then his calculated theoretical minimum is either incorrect or does not apply to local conditions. For example, the Black River heron colony had only 2.25 young per nest in 1990 and was increasing at an annual rate of32 percent until eagle predation in 1991 substantially decimated the colony's population. In 2000, Stabins (2001) recorded a productivity rate of 2.20 young per nest for the Black River colony, and over the next three years the colony nearly doubled in size. However, in 2008, the Herons Forever Web site (www.heronsforever.org accessed on December 30, 2008) reported approximately 90 nests and 30 to 40 fledglings, for a productivity rate of0.33 to 0.44 as a result of bald eagle predation. This level of productivity, a direct result of bald eagle predation, is clearly not sustainable. Second, there are numerous studies of viable colonies below the fledglings per nest rate listed by Bayer ( e.g., see Pratt and Winkler 1985, asserting 2.20 young per nest on the basis of a 13-year study; Callazo 1981, Idaho study: 2.20; English 1978: 1.96). Pratt and Winkler (1985), based on their long-term studies of great blue heron nesting colonies, dispute the "viability estimates" of Bayer, Henny, and others. Third, Bayer's viability estimate may be based upon migratory heron populations, whereas the herons in the Puget Sound region are non-migratory (Butler 1997). Migratory herons would need to produce a much higher number of young per year in order to compensate for mortality of young during dispersal and migration. Krebs (1974) and Pratt (1970) concluded that starvation (mainly of fledged young) was the major cause of mortality in herons and that this would be greatest in migratory herons. Bayer (1991, comment letter to City of Renton) and Stenberg (2004, comment letter to City of Renton) suggested that the increase in the number of herons in colonies in King County was due to an influx of birds from other areas. Bayer implied that these colonies could continue to increase even though they were not "viable," based on his opinion that the habitat conditions were sub-marginal. It is not clear, however, under his theory, where these additional birds would come from. Bayer (1991, comment letter) said that he believed they had come from abandoned colonies in the local region. However, based on intensive field data from 2000 (Stabins 2001) and 2006 (Raedeke and Stabins 2007) and WDFW PHS data, the growth in the number of heron nests in the active colonies in King County exceeds the number of nests in all abandoned colonies in King County. At the same time, there has been a consistent increase in the number of active colonies in the MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2. 2009 11 region since the early 1980s. That documented growth in the number of heron nests and number of active colonies disproves Bayer's theory. Finally, Stabins et al. (2006) demonstrated that the productivity of the heron colonies in King County in general, and in the Black River colony in particular, exceeded the minimum level required to maintain colony growth. 2.6 STUDIES OF NEST COLONY ABANDONMENT There is no doubt that certain kinds of disturbance during the early nesting season can cause abandonment or nesting failure in great blue heron colonies. What is unclear is what type and degree of disturbance are required to cause abandonment. WDFW (1991) noted that: "Colonies exist at the same location for many years, but some herons may naturally relocate their colonies in response to increased predation on eggs and young by mammals or other birds, or declines in food availability (Simpson et al. 1986). Heronries built in spruce or Douglas-fir trees may damage the host tree over time, which may also influence colony relocation (Julin 1986)." Most reports of heron colony abandonment are based on observations after some new development or disturbance occurs near the colony. However, in the cases reviewed, no cause-and-effect relationships have been established between colony abandonment and the particular development or disturbance. Many authors also note that colonies are often abandoned for no apparent reason (Washington Department of Wildlife 1991, Kelsall 1979, Simpson 1984, Findholt 1984, Butler 1997, and others). MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2. 2009 12 In one of the most comprehensive studies of the dynamics of nest colonies, Graham et al. (1996) studied the fate of 1,614 colonies and found that 48 percent of the colonies inventoried at the start of their study were abandoned, while 67 percent of the colonies present at the end of their study had become established since the start of their study. The average longevity of a heron colony in their study area was 9.0 years. It may be that the actual cause of abandonment is coincidental to development or disturbance but is not caused by it. For example, Pratt and Winkler (1985) note that many heron colony predators are nocturnal (such as great horned owls and raccoons) and are rarely observed. Such predation (a) may coincide with development or disturbance adjacent to an abandoned colony and (b) may be the real cause of abandonment. Murphy (1988) described habitat conditions in heron colonies in King County and noted that six of the 13 colonies had been abandoned. (See Table 4 for a description of her conclusions and for our observations.) Contrary to the popular opinion that the abandonment of these colonies was due to housing or commercial developments, development does not seem to have played a significant role, if any, in any of these abandonments. Rather, the abandonment was caused by vandalism to the nests or by human activities within the colony or directly under nests in the colony. In more recent cases, eagle predation and the destruction or loss of nest trees were the primary causes of abandonment. Also, all colonies that were found abandoned by Murphy (1998) were very small (four to eight nests per colony), with the exception of the Crystal Lake colony (22 nests) and the temporary abandonment of the Black River colony (39 nests) in 1991 due to extensive bald eagle predation over a sustained period. Murphy (1988) also reported that the Pigeon Point nesting colony had been abandoned as a result of construction activities, but it had actually relocated a short distance away. Jones and Stokes, Inc. (1991) reported that local residents observed the colony in the area continuously during the entire period described by Murphy. Bald eagle incursions into the colony were also documented (D. Norman, personal communication). WDFW's Ted Muller (1998, personal communication) reported partial abandonment of the Kiwanis Ravine colony in 1991 following railroad repair activities within 95 feet of the colony. He also noted the abandonment of a single heron nest on Whldbey Island when a road was constructed within 7 5 feet of the nest. However, in both cases, other factors (such as eagle predation, which had also been reported by local residents, especially at the Kiwanis Ravine colony and which may well have been the actual cause of the abandonment) were not evaluated or studied. It should be noted that there has not been a documented case of heron colony abandonment in King County due to passive disturbance by building construction and/or MLDC Property. QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 land use adjacent to heron colonies. All cases of colony abandonment in King County have resulted from (a) sustained and persistent attacks by bald eagles, (b) direct disturbance by humans in the colonies, (c) shooting of the herons in the colony, or (d) destruction of the nest trees resulting from heron overuse. Three cases of heron colony abandonment from the destruction of the nest trees have been documented for the region. The Bellfield Office Park colony abandoned after the nest trees were killed as a result of guanotrophy (accumulation of feces). The Dumas Bay colony abandoned after an ice storm damaged the nest trees and after bald eagle predation. The Yarrow Bay colony abandoned after bald eagle predation and the cottonwood nest tree died and blew over in a windstorm (Jensen and Boersma 1993). 13 In sum, as noted above, nesting colony abandonment is a common occurrence most likely resulting from: • predation by bald eagles (Simpson 1974, WDW 1991, Dusi and Dusi 1968, Pratt 1970, Mark 1976, Vermeer 1973, Forbes 1989, Butler 1997, Vennesland2000, Butler and Baudin 1999, Butler 2008), with such predation having occurred in the Black River colony in 1991, 2007 and 2008. • declines in food availability (Simpson 1984, Butler 1997) • colony-caused damage to nesting trees (Julin 1986, Wiese 1978, Butler 1997) • "severe winters" (Krebs 1974) • researchers banding birds in the nests (Simpson 1984) Any of these factors could occur coincidentally with non-critical disturbance, such as development and building construction, and yet be unnoticed at the time. MLDC Property, Q!P Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 14 3.0 HISTORY AND STATUS OF THE BLACK RIVER COLONY 3.1 NUMBER OF HERON NESTS The history of the number of nesting herons in the Black River colony is given in Figure 4. The data points used in Figure 4 for the years 1986 to 1990, 1997, and 200 I to 2004 were provided by Suzanne Krom to the WDFW PHS database. The 2005 and 2006 data points were provided by Ms. Krom in a 2005 newsletter of Herons Forever and in a Seattle newspaper article, respectively. The 2007 and 2008 nest count and productivity is from Herons Forever's Web site www.heronsforever.org (accessed on December 30, 2008). The Black River nesting colony was first observed as three nests in large cottonwood trees in 1984, at the time of construction of the P-1 Detention Basin (Van Wormer 1989). Van Wormer observed 25 nests in the three large cottonwoods on the island created in the P-1 Detention Basin during the 1989 nesting period. By 1991, the number of nests increased to 45 (located in 12 different trees on the island and in the riparian forest within 100 feet of the P-1 Detention Basin). The colony was abandoned that year, due to continued attacks by bald eagles (Jones and Stokes 1991). Following the temporary abandonment of the colony in 1991, the colony recovered and expanded into a greater portion of the riparian forest to avoid eagle predation (Jones and Stokes 1991). In 2002, 135 nests were reported (see 2004 comment letter of Jay and Sandy Lynch to the City of Renton). Nests were located in the three large cottonwoods on the island in the P-1 Detention Basin and in trees along the north edge of the P-1 Channel (Dusek 2004). Those riparian forest trees were preferred as re-nesting sites in 1991 as they provided greater cover and protection from attacks by the bald eagles. In 2005, a pair of bald eagles moved into the large cottonwood trees that had served as the main heron colony ever since its initiation. The female eagle died in the nest in 2005. In 2006, local observers reported that the eagles returned, but that they nested in the alternate nest near the detention pond at the southwesterly portion of the Valley View Apartments site north of the western part of the Black River Quarry. Herons Forever reported up to 140 active heron nests and 330 heron fledglings in 2006. In 2007, the pair of eagles returned to nest in the cottonwood tree that was the historic heron nest colony and raised one young to fledgling status (Chris Anderson, WDFW Biologist, pers. comm. 2008). In response to the presence of eagles in the main cottonwood heron nest tree, the herons moved to the west, into the riparian forest along the north side of the ponds in the Black River riparian forest. A total of 119 nests were reported to have produced 50 to 60 fledglings (Chris Anderson, WDFW email January 29, 2009). MLDC Property, Q!P Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 15 In 2008, the bald eagle nest in the Black River riparian forest was again active, and the 90 heron nests were concentrated in an area about 250 to 400 feet wide, about 400 feet west of the bald eagle nest. Herons Forever reported "approximately 90 nests" by the time the cottonwoods leafed out in mid-April, but approximately half were abandoned within six weeks after repeated eagle attacks on eggs and nestlings. Only 30 to 45 fledglings were produced in 2008. 3.2 HISTORY OF COLONY DISTURBA:\CE The Black River colony has been subjected to a variety of disturbances since it was first occupied before construction of the P-1 Detention Basin. As reported by Jones and Stokes, Inc. (1989), the colony was active when the P-1 Detention Basin was constructed within 50 feet of the nest trees. The Basin was constructed from April to September 1984. Much of the construction occurred during the nesting period. Jones and Stokes, Inc. (1989) reported that in 1987 a large part of the riparian forest between the Burlington Northern Railroad tracks and the P-1 Detention Basin was cleared and partially filled. Logging activity took place from February to mid-March, within 200 feet of the colony during the period of mating and of nest-site selection and building. Van Wormer (1989) reported eight nests in the colony at that time. Since 1987, the colony has been subjected to a variety of disturbances, many during the nesting season, including: • construction and operation of the METRO wastewater treatment plant within 1,500 feet of the nests in the riparian forest • construction and use of Oakesdale Avenue SW within 800 feet of the then- existing nearest heron nest 1 • construction and use of Naches Avenue SW within 700 feet of the then-existing nearest heron nest • continued routine activities of the railroad within 550 of the northwesterly nests in the riparian forest (in contrast, the distance between the nearest portion of the railroad right-of-way along the QIP Property's south edge to the nearest of the then existing nests was approximately 800 feet) • frequent blasting (until April 18, 2002) and outdoor heavy industrial equipment activity in the Black River Quarry 1 The recent eagle predation and the associated establishment of an eagle nest in the original heron nesting tree on the island in the P-1 Detention Basin have since caused the heron colony to consolidate to the west. MLDC Property. QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 16 • construction-materials recycling operations and heavy-equipment use, movement, and storage on the Q IP Property within 850 feet of the then-existing nearest heron nest • construction and use of the office building and parking lot at the east side of northern end of Naches Avenue SW (to the south of the east end of the MLDC Property) within 900 feet and 750 feet, respectively, of the then-existing nearest heron nest • construction and use of the Black River Corporate Park office building within 550 feet of the then-existing nearest heron nest and construction and use of a parking lot lying between the building and the nearest nest • clearing of debris and brush fields north of the riparian forest along the railroad tracks within 300 feet of the nearest heron nest in 1998 • public use of an open pedestrian trail lying south of the P-1 Detention Basin within 200 feet of the closest heron nest • on-going vehicular traffic on Naches Avenue SW within 700 feet of the nearest heron nest and on Oakesdale Avenue SW within 800 feet of the nearest nest • land clearing, site grading and infrastructure work for the Sunset Bluff Residential Subdivision (within approximately 990 feet of the nearest heron nest) during portions of 2005 and 2006. As noted by Butler (1998, letter to City of Renton), the Black River colony herons are likely to be acclimated to human disturbance. They have established their nests in an area with extensive ongoing human disturbance, but with physical barriers that largely deter the types of direct disturbance caused by humans entering the colony (such as have been noted by many authors to be the principal cause of colony abandonment) (see Carlson and McLean 1996). There has been speculation by Suzanne Krom that the clearing and grading associated with the Sunset Bluff site (i.e., the MLDC Property) located to the north of the heron colony caused a delay in the initiation of the nesting season in the Black River colony in 2006. However, it appears that that delay was a regional condition (perhaps weather- related), as Cahn (2006) and WDFW biologist Christopher Anderson (2006, personal communication) reported a similar observation of a delay in the initiation of the nesting season for the Kiwanis Ravine heron colony and other colonies in King County during 2006. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 17 3.3 EXISTING BUFFERS AROUND THE CURRENT BLACK RIVER HERON COLONY The closest existing disturbance to the heron nests in the Black River colony is the unregulated public pedestrian trail that lies approximately 200 feet south of the nearest nests in the riparian forest (see attached site photo and map). That trail is heavily used by the public and is highly visible to the herons in the colony. Other existing developments and active roads in relation to the colony include: • Naches Avenue SW to the east of the site, which is located within 1,200 feet of the nests in the riparian forest • Monster Road/Oakesdale Avenue SW, which is located about 800 feet south- southwest of the heron nests • Black River Corporate Park, which includes two buildings lying within approximately 800 feet southeast of the now-nearest nest • construction materials recycling activities and heavy equipment movement on the QIP Property itself, which is approximately 965 feet from the nearest heron nest. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 18 4.0 ASSESSMENT OF REZONE IMP ACTS ON THE BLACK RIVER HERONS 4.1 DESCRIPTION OF EXISTING CONDITIONS The approximately 27 .1-acre MLDC Property, the site of the previously planned and approved Sunset Bluff Residential Subdivision, has largely been cleared and graded in preparation for residential development. Approximately 26.03 acres of the MLDC Property are currently zoned Residential-IO Dwelling Units Per Net Acre (R-10). The remaining approximately 1.05 acres of the MLDC Property (a strip along the west side of its south edge) are zoned Resource Conservation (RC). The Category I wetland and associated stream and buffer on the eastern portion of the MLDC Property have been retained in native growth (forest), as has a strip along the MLDC Property's north edge. (See attached figure.) The approximately 9.0-acre QIP Property is located approximately 965 feet from the nearest heron nesting area and is separated from the colony by (a) a 50-foot high slope along the property's south edge, (b) the BNSF railroad right-of-way, and (c) the riparian forest within the City park property lying between the railroad and the heron nesting area. Nearly the entire QIP Property is unvegetated and has been graded. This property is used for storage of construction materials and construction equipment, as well as for construction-materials recycling activities. Approximately 8.7 acres of the QIP Property are zoned R-10 and the remaining approximately 0.3acre portion ofit (a roughly triangular-shaped area along the east side of its south edge) is zoned RC. The 0.9-acre Virtu Property is a currently forested, undeveloped comer portion of the existing Sunset View Apartments development. The Virtu Property is separated from the forest-lands surrounding the heron colony by (a) the BNSF railroad tracks and right-of- way, (b) the portion of the MLDC Property that has been cleared and graded for the Sunset Bluff residential development and (c) the cleared and graded QIP Property. The Virtu Property is currently zoned R-10. The Virtu Property is located approximately 1,300 feet from the nearest part of the heron nest colony. 4.2 DESCRIPTION OF PROPOSAL The proposed Comprehensive Plan Land Use Map Amendments and Rezones for the MLDC Property seek zoning that would allow for future development of the property into Commercial Office (CO) uses under Renton's zoning regulations. The proposed Comprehensive Plan Land Use Map Amendments and Rezones for the QIP Property and Virtu Property seeks zoning that would allow for future development of the properties into Light Industrial (IL) uses under Renton's zoning regulations. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 19 4.3 DISTURBANCE IMPACTS OF PROPOSED REZONE Rezoning of the QIP and Virtu properties to Light Industrial (IL) and rezoning of the MLDC Property from to Commercial Office (CO) uses should have no adverse impact upon the heron colony in view of the history of heavy industrial uses of the QIP Property and in view of the current potential for development of the QIP, Virtu and MLDC properties into residential uses. This conclusion is based on my professional opinion that: • Disturbance to the colony (if any) would be (a) reduced by Light Industrial and Commercial Office development of the subject properties as compared to current uses and (b) generally similar to or less than that of potential residential development as allowed under the properties' existing zoning; • Black River herons have shown great adaptation to existing heavy- industrial and quarrying activities on the Black River Quarry property (the easterly portion of which includes the QIP Property), land uses that obviously have more potential to impact heron than do Light Industrial and Commercial Office uses; • The Black River heron colony has shown no negative impacts associated with commercial office park development to the southeast and east of the colony; • The heron colony is highly habituated to a substantial level of surrounding area disturbances (some of which are from areas substantially closer to the colony than are the MLDC, QIP and Virtu properties); • The MLDC, QIP and Virtu properties are too distant from the colony for activities associated with future Commercial Office or Light Industrial development to have any adverse impact on the colony, especially in view of the colony's existing urban context; • Commercial Office and Light Industrial uses would not involve children playing outside or any dogs, cats or other household pets that theoretically might venture into the Black River riparian forest and flush or menace the herons. (Herons Forever had previously contended that residential development of the MLDC, QIP and Virtu properties would pose a risk to the heron due to the residents' children and dogs and cats.) MLDC Property, QJP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, inc. February 2, 2009 20 4.4 ADEQUACY OF THE BUFFERS ON THE HERON COLONY Our assessment of the adequacy of the Black River heron colony buffer distances in relation to the proposed rezone site is based on regional observations of heron nesting colonies' responses to habitat conditions, as well as to existing local conditions. Local observations provide the best indicator of the range of environmental conditions that are conducive to maintaining viable great blue heron colonies in this area. The approximately 950-foot distance between the closest portion of the MLDC, QIP and Virtu properties and the nearest great blue heron nests in the Black River colony should be more than adequate for the following reasons: • The 950-foot distance is greater than the distances between the historic colony and other existing developments around the colony, including the active BNSF railroad line lying between the site and the colony ( on which two freight trains pass six days a week); • The entire MLDC, QIP and Virtu properties lie well beyond the 600-foot "optimum buffer width for protection of the [Black River] heron rookery" that Stenberg (June 12, 1998 letter to Renton Development Services Director Jana Huerter) recommended during circa-1998 public hearings for the Black River Corporate Park office buildings; • The 950-foot distance is greater than the width of actual buffers around any of the other existing heron colonies in King County (see Stabins 2001 and Stabins and Raedeke 1992) and around historical colonies that have thrived (Shipe and Scott 1981); • The railroad, steep slope, and existing fence along the north edge of the Renton park property, as well as dense forest communities in the Renton park between the proposed rezone sites and the heron colony will prevent casual human incursion from the rezone sites into the Black River riparian forest; • The rezone from residential to Light Industrial and Commercial Office uses will reduce the potential for human incursions into the colony and the potential for domestic residential pets ( such as cats and dogs) from impacting the riparian forest habitats; • The Black River colony is very habituated to human disturbance, including the blasting in the quarry that ceased only a few years ago and including the ongoing construction-materials recycling operations, concrete batching and use of outdoor heavy equipment on the quarry site. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 21 Vennesland (2000) and Carlson and McLean ( 1996) both noted that pedestrian access within the buffers around heron colonies was the factor that had the most impact on the colonies. The Black River colony has a public access trail within 200 feet of the colony, and there is heavy year-round foot traffic on the trail, especially during the nesting season. Despite those other, closer developments and those closer disturbance factors, the Black River colony continued to grow until the documented decline starting in 2006 as a direct result of bald eagle predation. The most recent, large-scale study of heron colonies in King County (Stabins, 2001, Table 10) showed (a) no correlation between buffer width and colony viability and size and (b) that colony success was positively related to the amount of human disturbance around the nests and colony size. As noted above, these results are consistent with other such assessments (Simpson 1984, Shipe and Scott 1981, Vennesland 2000, Carlson and McLean 1996). 4.5 CONSTRUCTION LIMITATION ZONE The WDFW (1999) PHS great blue heron guidelines recommend that activities such as logging and construction should not occur within 1,000 meters (3,281 feet) of a colony and that aircraft should not fly within a vertical distance of 650 meters (2,133 feet) of a colony during the nesting season, based on the recommendations of Butler (1991). However, no scientific studies support that recommendation. A review of Butler (1991) finds that his recommendation was based on personal recommendations of Kelsall made without citing any supporting studies. (See Butler 1991, page 10.) Butler then goes on to note that "there are no data on the sensitivity of nesting herons to loud noises such as heavy construction, logging and house construction". He then cites the recommendations of Bowman and Siderius (1984) relating to herons in Ontario in support of the 1,000-meter buffer purportedly needed for construction-related activities. Bowman and Siderius (1984) cite no supporting studies for a 1,000-meter construction- season buffer. The only studies of disturbance that they cite are studies of cattle egrets, herons in rural Florida, and colonial nesting birds in national parks in the northeastern region of the USA, and none of these studies deal with a 1,000-meter buffer. Note that a construction moratorium within 1,000 meters of the Black River heron colony during the breeding season would encompass lands down to I-405 to the south, east to Lind Avenue SW in the heart of the City of Renton, and west almost to Interurban Avenue South. (See Figures 1 and 2.) Obviously, a moratorium in this entire area would be unrealistic and would be unenforceable because it would serve no legitimate purpose. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 Further, there has been substantial construction activity within this area during the past heron breeding seasons with no measurable impact on the herons. 22 In view of the location of the MLDC, QIP and Virtu properties in relation to the Black River colony and the other factors discussed above, no construction limitation zone is needed or could be justified in relation to future construction on those properties. No nexus exists between construction on the MLDC, QIP and Virtu properties and the distant heron colony in the Black River riparian forest. MLDC Properly, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 23 5.0. HABITAT APPROACH TO WILDLIFE PROTECTION The 1991 Memorandum of Agreement (MOA) among the City of Renton, private property owners to the south, and interested environmental groups concerning the Black River heron colony was based on a habitat approach that provided for consideration of the overall needs of the herons and other wildlife rather than on the application of rigid rules to a single group of heron nest trees. Habitat approaches have been adopted by WDFW ( 1991) and by federal agencies as the best way to protect wildlife of special public interest (e.g., bald eagles and spotted owls). The habitat approach previously adopted for Black River heron colony protection in the 1991 MOA included the following design elements: • a 500-foot buffer from the northerlymost of the then-proposed office buildings to the nearest of the nest trees on the island in the P-1 Detention Basin • retained vegetation within that buffer for screening of the office development to the south • a riparian forest separated from development by the P-1 Detention Basin • elimination of development proposals for 62 acres of land around the riparian forest sold by the property owner to the City of Renton as permanent open space and wildlife habitat • an expanded riparian forest providing alternative nest sites and an area of younger trees for new nests that will continue to be available over time as the trees on the island die or blow down These elements of the MOA augmented the habitat by the City of Renton and the other property owners surrounding the heron colony, including: • dedication of 17.5 acres of land to the City of Renton for construction of the P-1 Detention Basin • planting of vegetative screening along the margins of the P-1 Channel and Detention Basin • dedication of 20.0 acres of land to the City of Renton for riparian forest wildlife habitat • sale of 62.2 acres of land to the City of Renton for permanent open space and wildlife habitat MLDC Property, Q!P Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 24 The habitat conditions within the City ofRenton's entire Black River open space complex already greatly exceed WDFW's (1991) minimum habitat recommendations for heron nest colonies. In WDFW's (1991) habitat management guidelines, a minimum IO- acre stand of large trees buffered from disturbance is recommended. The combined 100 acres of riparian forest and retained forest stands, detention basin, open space, and existing buffers around the Black River colony greatly exceeds that habitat recommendation. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2. 2009 6.0 LITERATURE CITED Anderson, J. 1978. Protection and management of wading birds. National Audubon Society. Wading Birds 7:99-103. 25 Bailey, V., and M. Terman. 1983. A comparative study ofa great blue heron colony in Chase County, Kansas. Transactions of the Kansas Academy of Science 86:81- 88. Bayer, R. D., and E. McMahon. 1981. Colony sizes and hatching synchrony on great blue herons in coastal Oregon. Murrelet 62(3):73-79. Beak Consultants Inc. 1987. A review of wetland and heron related issues in the Marine Drive Draft Environmental Impact Statement. Report to Crown Zellerbach Corporation, Portland, OR. 23 pp. Bechtel, S. 1981. The white pelican, double-crested cormorant and great blue heron in Alberta. Alberta Energy and Natural Resources, Fish and Wildlife Div., Edmonton, Alberta. Bjorklund, R. 1975. On the death of a Midwestern heronry. Wilson Bulletin 87(2):284- 287. Blus, L.J., and C. Henny. 1981. Suspected great blue heron population decline after a severe winter in the Columbia Basin. Murrelet 62(1 ): 16-18. Bowman, I., and J. Siderius. 1984. Management guidelines for the protection of heronries in Ontario. Ontario Ministry of Natural Resources, Wildlife Branch, Toronto. Buckley, P., and F. Buckley. 1976. Guidelines for the protection and management of colonially nesting waterbirds. USDI National Park Service, North Atlantic Regional Office, Boston. 52 pp. Burger, J. 1982. An overview of proximate factors affecting reproductive success in colonial birds: concluding remarks and summary of panel discussion. Colonial Waterbirds 5:58-65. Butler, R. 1997. The great blue heron. UBC Press, Vancouver, B.C. Butler, R. 2007. Review of the Great Blue Heron Assessment, QIP and Virtu Properties- Comprehensive Plan Land Use Map Amendments and Rezone, Renton Washington by KJ Raedeke. Undated letter to City of Renton. MLDC Property, Q!P Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 26 Butler, R. 2008. Great Blue Heron and indicator of wildlife sustainability in the Georgia Basin. Web page of the Environment Canada www.ecoinfo.ec.gc.ca/env _ind/region/herons/heron_ e.cfm accessed December 30, 2008. Butler, R., and P. Baudin. 1999. Status and conservation stewardship of the Pacific great blue heron in Canada. Proc. Biology and Management of Species and Habitats at Risk, Kamloops, British Columbia. Calambokidis, J., S. Speich, J. Peard, G. Steiger, J. Cubbage, D. Fry, and L. Lowenstine. 1985. Biology of Puget Sound marine mammals and marine birds: Population health and evidence of pollution effects. NOAA tech. Memo. NOS. OMA 18. Cahn, P. 2006. Heron Report. Heron Habitat Helpers Newsletter; June -September 2006. Callazo, J. 1981. Some aspects of the breeding ecology of the great blue heron sat Heyburn State Park. Northwest Science. 55(4):293-297. Carlson, B., and E. McLean. 1996. Buffer zone and disturbance types as predictors of fledging success in great blue herons, Ardea herodias. Colonial Waterbirds 19(1):124-127. Custer, T., R. Osborn, and W. Stout. 1980. Distribution, species abundance, and nest- site use of Atlantic Coast colonies of herons and their allies. The Auk 97:591- 600. Drapeau, P., R. McNeil, and J. Burton. Influences de derangement humain et de l'activite du Cormoran a aigrettes, Phalarcrocorax auritus, sur la reproduction du grand heron, Ardea herodias, aux iles de Madeleine. Canadian Field-Naturalist 98:219- 222. Dunn, E., D. Russell, and J. Siderius. 1985. Status of the great blue heron, Ardea herodias, in Ontario. Canadian Field-Naturalist 99(1 ):62-70. Dusek, T. 2004. Habitat/wildlife assessment and stream study report. Sunset Bluff Residential Subdivision, Renton, Washington. Barghausen Consulting Engineers, Inc., report to SR 900 LLC. Dusi, J. 1979. Heron colony effects on man. Colonial Waterbirds 3:143-144. Dusi, J., and R. Dusi. 1968. Ecological factors contributing to nest failure in a heron colony. Wilson Bull. 80:458-466. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 English, S. 1978. Distribution and ecology of great blue heron colonies on the Willamette River, Oregon. Wading Birds 7:235-244. Ervin, K. 1991. Bald eagle menaces herons' nests. Seattle Times, Seattle, WA. Findholt, S. 1984. Status and distribution of herons, ibises, and related species in Wyoming. Colonial Waterbirds 7:55-62. Forbes, L. 1987. Predation on adult great blue herons: is it important. Colonial Waterbirds 10(1):120-122. Forbes, L. 1989. Coloniality in herons: Lack's predation hypothesis reconsidered. Colonial Waterbirds 16:53-58. 27 Forbes, L., K. Simpson, J. Kelsall, and D. Flook. 1985. Reproductive success of great blue herons in British Columbia. Canadian Journal of Zoology 63(5):1110-1113. Gibbs, J., S. Woodward, M. Hunter, and A. Hutchinson. 1987. Determinants of great blue heron colony distribution in coastal Maine. Auk 104:38-47. Giles, L., and D. Marshall. 1954. A large heron and egret colony on the Stillwater Wildlife Management Area, Nevada. Auk 71 :322-325. Governement du Quebec. 1986. Modalities dlntervesntion en Milieu Forestier. No. Pub. 3214. Graham, K., B. Collier, M. Bradstreet, and B. Collins. 1996. Great blue heron (Ardea herodias) populations in Ontario: data from and insights on the use of volunteers. Colonial Waterbirds 19(1 ):39-44. Gray, P., J. Grier, G. Hamilton, and P. Edwards. 1980. Great blue heron colonies in northwestern Ontario. Canadian Field-Naturalist 94(2):182-184. Hall, D. 1986. Dispersal ofa heron-egret rookery. Proceedings of the. Eastern Wildlife Damage Control Conference 2:3-6. Henson, T. 1998. Three height and screening between proposed Black River Corporate Park "Tract B" Building and the heron rookery in Renton, Washington. Report to Alper Northwest. Natural Resource Consultants, Tacoma, Washington. Henny, C., and M. Bethers. 1971. Population ecology of the great blue heron with special reference to western Oregon. Canadian Field-Naturalist 85(3):205-209. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2. 2009 28 Henny, C., and J. Kurtz. 1978. Great blue herons respond to nesting habitat loss. Wildlife Society Bulletin 6(1):35-37. Jensen, K., K. Wilson, and C. Hensley. 1990. The relationship of great blue herons colony success to distance from development and the effects of screening on that relationship. Unpublished report. 16 pp. Jones and Stokes, Inc. 1989. Black River Draft Environmental Impact Statement, Appendix B. Life history and effects of human disturbance on great blue heron rookeries. City of Renton. Jones and Stokes, Inc. 1991. Status of Black River great blue heron colony as of July 9, 1991. Letter to City of Renton. Julin, K. 1986. Decline of second-growth Douglas-fir in relation to great blue heron nesting. Northwest Science. 60:201-205. Kelsall, J. and K. Simpson. 1979. A three year study of the great blue heron in southwestern British Columbia. Colonial Waterbirds 3:69-74. Kelsall, J. 1989. The great blue herons of Point Roberts: History, biology, and management. Pt. Roberts Heron Preservation Committee. Unpublished report. 31 pp. Koonz, W., and P. Rakowski. 1985. Status of colonial waterbirds nesting in southern Manitoba. Canadian Field Naturalist 99:19-29. Krebs, J. 1978. Colonial nesting in birds, with special reference to the Ciconiiformes. Wading Birds 7:299-311. Krebs, J. 1974. Colonial nesting and social feeding as strategies for exploiting food resources in the great blue heron (Ardea herodias). Behavior 51 :99-134. Longley, W. 1960. Comment on the flight distance of great blue heron. Wilson Bulletin 72:289. Mark, D. 1976. An inventory of great blue heron (Ardea herodias) nesting colonies in British Columbia. Northwest Science 50:32-41. Markham, B. and S. Brechtel. 1978. Status and management of three colonial waterbird species in Alberta. Colonial Waterbirds 2:55-64. Martin, R. and G. Lester. 1990. Atlas of wading bird and seabird nesting colonies in Louisiana 1990. Louisiana Natural Heritage Program, Special Pub. No. 3. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2. 2009 McAloney, K. 1973. The breeding biology of the great blue heron on Tobacco Island, Nova Scotia. Canadian Field-Naturalist 87:137-140. McCrrimmon, D., Jr. 1982. Populations of great blue heron (Ardea herodias) in New York State from 1964 to 1981. Colonial Waterbirds 5:87-95. McMillan, A. 1985. Great blue herons can serve as biological indicators. Coastal Currents 10( 6): 6. Moseley, E. 1936. Blue heron colonies in northern Ohio. The Wilson Bull. 63:3-11. Murphy, M. 1988. Status of great blue heron colonies in King County, Washington. Western Birds 12:215-217. 29 Norman, D. 1991. Chlorinated hydrocarbons and polychlorinated biphenyl congeners in great blue herons from western Washington. Master's thesis, Western Washington Univ., Bellingham, WA. 248 pp. Norman, D. 1995. The status of great blue herons in Puget Sound: population dynamics and recruitment hypothesis. Pages 638-646 In Puget Sound Research "95 Proceedings. Puget Sound Water Quality Authority, Olympia, WA. Ogden, J. 1978. Recent population trends of colonial wading birds on the Atlantic and Gulf Coast plains. Wading birds 7: 137-153. Olendorf, H., E. Klaas, and T. Kaiser. 1979. Environmental pollutants and eggshell thickness: Anhingas and wading birds in eastern United States. USDI Fish and Wildlife Service Special Science Report No. 216. Washington D.C. Orr, H., and T. Sudia. 1960. Flight distance in great blue heron. Wilson Bull. 72: 198 Parker, J. 1980. Great blue herons (Ardea herodias) in northwest Montana: nesting habitat use and the effects of human disturbance. Master's thesis, University of Montana, Missoula. 82 pp. Penland, S. 1987. Letter to City of Renton. Department of Wildlife, Mill Creek, WA. Dated January 30, 1987. 2 pp. Pratt, H. 1970. Breeding biology of great blue herons and common egrets in central California. The Condor 72:407-416. Pratt, H., and D. Winkler. 1985. Clutch size, timing oflaying, and reproductive success in a colony of great blue herons and great egrets. The Auk 102:49-63. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 Quinney, T. 1983. Comparison of great blue heron (Ardea herodias) reproduction at Boot Island and other Nova Scotia colonies. Canadian Field-Naturalist 97(3):275-278. Raedeke, K. and A. Stabins. 2009. Status of great blue herons in King County, Washington. In prep. Rogers, J., Jr., and H. Smith. 1995. Set-back distances to protect nesting bird colonies from human disturbance in Florida. Conservation Biology 9:89-99. 30 Sauer, J., J. Hines, and J. Fallon. 2005. The North American Breeding Bird Survey, results and analysis 1966-2005. Ver. 6.2.200. USGS Patuxent Wildlife Research Center, Laurel, MD. Schirato, G. 1990. Letter to Kitsap County Hearing Examiner. Dated October 4, 1990. 3 pp. Schirato, G. 1990. Letter to Kitsap County Planning Dept., Dated July 11, 1990. Washington Dept. of Wildlife, Aberdeen, WA. 2 pp. Shipe, S., and W. Scott. 1981. The great blue heron in King County, Washington. Nongame Program, Washington Game Department, Seattle, WA. 33 pp. Short, H., and R. Cooper. 1985. Habitat suitability Index models: Great blue heron. Bio. Rept. 82(10.99), USDI, Fish and Wildlife Service, Wash. D.C. 23 pp. Simpson, K. 1984. Factors affecting reproduction in great blue herons (Ardea herodias). M.S. thesis, University of British Columbia, Vancouver, B.C. Simpson, K., J. Smith, and J. Kelsall. 1987. Correlates and consequences of coloniality in great blue herons. Canadian Journal of Zoology 65 :572-577. Speich, S. 1986. Colonial waterbirds. pp. 387-405 In. Cooperrider, A., R. Boyd, and H. Stuart (eds). Inventory and monitoring of wildlife habitat. USDI Bureau of Land Management. Service Center, Denver, Co. 858 pp. Smith, M., P. Mattacks, Jr., K. Cassidy. 1997. Breeding birds of Washington State. Vol. 4 in Cassidy, K., C. Grue, M. Smith, and K. Dvomich (eds.) Washington Gap Analysis. Seattle Audubon Society Pubs. in Zoology No. I., Seattle. 538 pp. Stabins, A. 2001. Great blue herons in King County, Washington. M.S. thesis, University of Washington, Seattle, Washington. 76 pp. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 31 Stabins, H., and K. Raedeke. 1992. Status of great blue heron nesting colonies in King County, Washington. Northwest Science 66(2): 126. Stabins, A., K. Raedeke, and D. Manuwal. 2006. Productivity of great blue herons in King County, Washington. Northwest Science 80(2):116-119. Stern, J., and R. Feins. 1991. Use of Christmas Bird Count data for monitoring marine bird populations. Pages 400-413 In Proceedings Puget Sound Research '91. Puget Sound Water Quality Authority, Olympia, WA. Sullivan, J., and S. Payne. 1988. Aspects of history and nesting mortality at a great blue heron (Ardea herodias) colony, Quentico Provincial Park, Ontario. Canadian Field-Naturalist 102(2):237-241. Taylor, T., M. Reshkin, and K. Brock. 1982. Recreation land use adjacent to an active heron rookery: a management study. Proc. Indiana Academy of Sciences 91 :226- 236. Thompson, D. 1977. Decline in populations of colonial waterbirds within the upper floodplain of the Mississippi River. Colonial Waterbirds 1:26-37. Thompson, T. 1994. Avondale/Spencer heron colony and "Park 95" development. Letter dated Feb. 9, 1994 to Raedeke Associates, Inc. Washington Dept. Wildlife, Mill Creek, WA. Terres, J. 1980. Heron family. pp. 495,499 In The Audubon Society Encyclopedia of North American Birds. New York, NY. Van Wormer, R. 1988. Technical report on recommended setbacks of great blue heron rookery. Independent Ecological Services, Olympia. 10 pp. Van Wormer, R. 1989. Technical report on recommended setbacks of great blue heron rookery. Independent Ecological Services, Olympia. 10 pp. Vennesland, R. 2000. The effects of disturbance from humans and predators on the breeding decisions and productivity of the great blue heron in south-coastal British Columbia. M.S. thesis, Simon Fraser University, British Columbia. 109 pp. Vennesland, R. 2007. Great Blue Heron Management Plan and associated documents for rezone application for QIP and Virtu properties, Renton, Washington. Letter dated July 31, 2007 to Renton Planning Commission and City Council. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 Vermeer, K. 1973. Great blue heron and double-crested cormorant colonies in the Prairie Provinces. Canadian Field Naturalist 87:427-432. Vos, D., R. Ryder, and W. Graul. 1985. Response of breeding great blue herons to human disturbance in north-central Colorado. Colonial Waterbirds 8:13-22. 32 Washington Department of Wildlife. 1991. Management Recommendations for Priority Species: Great Blue Herons. Olympia, WA. Washington Department of Fish and Wildlife. 2008. Priority Habitats and Species List. Habitat Program, Olympia, WA. Washington Department of Wildlife. 1999. Management Recommendations for Priority Species: Great Blue Herons. Olympia, WA. Webb, S., and S. Forbes. 1981. Colony establishment in an urban site by great blue herons. Murrelet 63 :91-92. Werschkul, D., E. McMahon, and M. Leitschuh. 1976. Some effects of human activities on the great blue heron in Oregon. The Wilson Bulletin 88:660-662. Werschkul, D., E. McMahon, M. Leitschuh, S. English, C. Skibinski, and G. Williamson. 1977. Observations of the reproductive ecology of the great blue heron (Ardea herodias) in Western Oregon. The Murrelet 58:7-12. Wiese, J. 1978. Heron nest site selection and its ecological effects. Wading Birds. National Audubon Society Research Report 7:27-34. MLDC Property, QIP Property and Virtu Property Rezones Great Blue Heron Assessment Raedeke Associates, Inc. February 2, 2009 FIGURES AND TABLES MOTE: AERIAL PHOTOGRAPH (Dote: October 1 1, 2008) COURltSY or CCGROSS AERIAL TCJ>O. PROP£RTY UIES PROVlllCD COUMSY or THE CITY or ROffON. --~ 11121 ~ 72tCl Al.'£Hll[ SOUTH ICOIJ, 11A ll90J2 (42!1}251-1222 -(425)2!11-11782 rAX '6 . 6 ~ ~ .~ 1M DGlllll9G. LMID ~ ---------!~ii}\ ~ ... "'"• 1NG.t,: ._.., ~AL t!-=n -.Jnlllt --..... -""' F'at:P:\t40009\U200\ttt.ib,1\1•200otr-t.1(1A..d-, Dot.t/li~:1/21/2009 .)."Q2 PW ~01,;1 • • t'_l(R(r o..€0Cl Xrtl: ---- FCl'I !~~ -· -·~,-·-· -11111 Y.DC, OP Ate wmJ Pf0'811EB Fl:NTON,W~ 35 Table I. Comparison of heron colony nest counts in Western Washington from Calambokidis et al. (1985). First Count 1984 Samish Island >50 334 March Point nd >42 West Seattle nd 16 Dumas Bay 5 46 Peasley Canyon 0 14 Nisqually 0 53 Totten Inlet 30 75 Long Island 125 128 Total nests 210 692 MLDC Property, Q!P Property and Virtu Property Re=ones Great Blue Heron Assessment Date of First Count 1925 No previous data Since l 940's 1978 First nests in 1968 First observed in 1977 1978 1981 Raedeke Associates, Inc. February 2, 2009 36 Table 2. Summary of great blue heron census data for the Black River colony and for King County in total. Year Black River Nests 1981 0 1982 0 1983 0 1984 4 1985 active 1986 8 1987 9 1988 22 1989 24 1990 37 1991 31 1992 16 1993 10 1994 14 1995 19 1996 39 1997 active 1998 65 1999 60 2000 61 2001 80 2002 133 2003 125 2004 119 2005 135 2006 130 2007 119 2008 90 MLDC Property, QIP Property and Virtu Property Re:ones Great Blue Heron Assessment King County Nests Colonies 79 7 103 8 180 8 276 10 280 11 297 11 300 12 383 13 270 13 314 10 401 11 13 14 Raedeke Associates, Inc. February 2, 2009 37 Table 3. Buffer recommendations and basis for recommendations. Sourceffype Buffers (in feet) Researchffiirect Observations: Taylor et al. 1982 577 Vos et al. 1985 492 Rogers & Smith 1995 328 Parker 1980 82 Literature Review: WDFW 1999 management 820-980 King County ( 1998) 660 Schirato (WDW) 1990 175 Jones & Stokes Inc. 1990 250 WDW 1989 75 Shipe & Scott 1981 656 Personal Professional Opinion: Kelsall 1990 1000 Bayer 1990 800-1000 Unknown Basis: Koonz and Rakowski 1985 3,300 Markam and Brechtel 1978 1,650 Forbes et al. 19 85 1,642 Quebec 1986 660 Dunn 1987 660 Penland 1986 660 Penland 1987 500 Mathiesen and Richards 1978 330 Kitsap County 1991 350 City of Seattle 1986 200 Anderson 1978 165 Thompson (WDW) 1994 250 MLDC Property, QJP Property and Virtu Property Rezones Great Blue Heron Assessment Comments Observations of flushing Flushing distance over water Flushing distances Observations of flushing PHS guidelines Shipe and Scott (?) Comments on Heron Cove North Miller Bay colony Relies on Parker 1980 Werschkul et al. 1976 Professional opinion Professional opinion Involved rural/remote area study Based on rural/remote area study Based on rural/remote area study Forest management guidelines Cites department policies Reference to Pigeon Point Raedeke Associates, inc. February 2, 2009 WILDLIFE RECONNAISSANCE MLDC, QIP, and Virtu Properties Comprehensive Plan Amendment and Rezone City of Renton, Washington February 4, 2009 RAEDEKE ASSOCIATES, INC. Report To: Title: Project Number: Prepared By: Date: Merlino Land Development Co., Inc., and Quarry Industrial Park, LLC Attn: Mr. Don Merlino 9125 IO'h Avenue South Seattle, Washington 98108-4612 Wildlife Reconnaissance for the MLDC, QIP, and Virtu Properties, City of Renton, Washington 2007-002-003 RAEDEKE ASSOCIATES, INC. 5711 Northeast 63rd Street Seattle, Washington 98115 (206) 525-8122 February 4, 2009 Project Manager: Current Project Personnel: Kenneth J. Raedeke, Ph.D. President / Certified Senior Ecologist, ESA Joel Merriman, M.S. Wildlife Biologist Emmett Pritchard, B.S. Principal / Wetland Ecologist Duane Dietz, 8.L.A., A.S.L.A Landscape Architect Ashley Thorner, M.L.A, M.F.A. Landscape Designer l 1.0 INTRODUCTION 1.1 STATEMENT OF PURPOSE This report documents the results of our field investigation and assessment of the wildlife communities and habitat on the MLDC, QIP, and Virtu properties (hereafter, collectively referred to as the "study site" or "property") in King County, Washington (Figures l and 2). The primary objective of our study is to provide baseline biological information on the wildlife and habitat that are located on or adjacent to the site. A list of common and scientific names of wildlife species observed on the site or otherwise mentioned in the following text is provided in Table 1, and common and scientific names of plant species mentioned in the report text are provided in Table 2. 1.2 SITE LOCATION AND OWNERSHIP The site is located in Section 13, Township 23 North, Range 4 East, W.M., in the City of Renton (Figures I and 2). The 37-acre site is bounded on the south by the Burlington Northern Santa Fe (BNSF) railroad tracks, on the north in part by SW Sunset Boulevard and in part by the Sunset View Apartments, on the southeast by the Sunpointe Townhomes, and on the west by a portion of the Black River Quarry. The property boundaries are shown on an exhibit map prepared by Barghausen Consulting Engineers, Inc. dated January 27, 2009 and on the aerial photo exhibit in Appendix A. MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke AssociaJes, Inc. February 4, 2009 2 2.0 METHODS 2.1 BACKGROUND INFORMATION In preparation for our field visit, we requested current information from the Priority Habitats and Species (PHS) and Wildlife Heritage (HRTG) databases maintained by the Washington Department of Fish and Wildlife (WDFW 2009) for documented information on the potential occurrence of Federal-or State-listed endangered, threatened, sensitive, candidate, other priority, or monitor wildlife species (hereafter "species of concern"), their preferred habitats, and any State-designated priority habitats on the project site and vicinity. State priority species are defined as those fish and wildlife species "requiring protective measures and/or management actions to ensure their survival," and State priority habitats are defined as habitat types "with unique or significant value to many species." (WDFW 2008a). State monitor species are those species that are "managed by the Department, as needed, to prevent them from becoming endangered, threatened, or sensitive" (WDFW 2008b). We reviewed reference lists maintained by the U.S. Fish and Wildlife Service (USFWS 2009) and WDFW (2008a, 2008b) for information on the status of wildlife species of concern that could use the site during at least some part of the year. We also consulted species accounts and management recommendations provided by WDFW ( e.g., Rodrick and Milner 1991, Larsen 1997, Larsen et al. 2004) to determine habitat associations of such species and to evaluate the likelihood of their occurrence on the project site. During our field investigation, we searched for the presence of these species, or signs thereof, which could be found on the property. Additional information regarding current and past zoning and land uses of the site was provided by Merlino Land Development Co., Inc. and Quarry Industrial Park, LLC, and their representatives. 2.2 FIELD INVESTIGATION We conducted field investigations of the study site and vicinity on March 12, 2008 and January 15, 2009. In this report, cumulative wildlife observations are presented from both visits. During these field investigations, we documented wildlife presence, sign, and habitat, and we also inventoried and described plant communities. We recorded information regarding reproduction, habitat use, and activities of all wildlife species observed. In addition, we noted special habitat features such as large and/or hollow trees, snags [ standing dead or partly dead trees at least four inches diameter at breast height (dbh) and at least six feet tall], and large down logs. We directly observed and noted present land use of the site and immediate vicinity, and we also analyzed aerial photographs to note historic and present land uses of those areas. During our field surveys, we also searched specifically for the presence, sign, or habitats of any wildlife species of concern on or adjacent to the project site. In particular, we MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 3 searched for the presence of large stick-type nests, hollow trees, tree cavities, and pileated woodpecker foraging sign. Large stick-type nests are built and used by several species of concern, including bald eagles and great blue herons. Tree cavities are created and used by woodpeckers, including species of concern such as the pileated woodpecker, and are used secondarily by a host of bird and mammal species, including species of concern such as purple martins, various cavity-nesting duck species, and various bats. Hollow trees are used as daytime roost for species of concern, including various bat species, as well as Vaux's swifts. MLDC. QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 4 3.0 EXISTING CONDITIONS 3.1 RESULTS OF BACKGROUND INVESTIGATION The WDFW (2009) PHS and HRTG databases map a polygon that lies predominantly north of the south edge of the BNSF railroad tracks, and encompasses the majority of the study site, as "Urban Natural Open Space" (UNOS), which is a State-designated priority habitat (WDFW 2008a). Similarly, the adjacent, undeveloped areas south of the BNSF railroad track and north of Oakesdale Avenue SW, including the approximately 100-acre Black River Riparian Forest (Figure 2), are collectively mapped as UNOS (WDFW 2008a). Ten additional areas are mapped as UNOS within approximately 1.5 miles of the property. The Black River Riparian Forest (Figure 2) is owned by the City of Renton, and areas of wetland (including a substantial open water area) and a great blue heron nesting colony are mapped as being present within this City-owned property (WDFW 2008a). Great blue herons are considered a State monitor species (WDFW 2008b ), and heron nesting colonies are considered priority areas (WDFW 2008a). Three bald eagle nests are mapped within approximately 1.5 miles of the study site. The first is located approximately 1,100 feet south of the site within the Black River Riparian Forest, adjacent to the open water area and near the great blue heron nesting colony. An adult eagle was seen perched near this nest during the majority of our site visit. The second nest is approximately 1,750 feet west of the northwest corner of the property atop a bluff, adjacent to a stormwater pond for the nearby Valley View Apartments. This nest appeared to be inactive during our site visits, though it was early in the breeding season. The third nest is more than 1.5 miles north-northeast of the property near the shore of the southwestern portion of Lake Washington. Bald eagles are considered a sensitive species in Washington State (WDFW 2008a). 3.2 GENERAL DESCRIPTION OF PROPERTY AND VICINITY The approximately 27.1-acre MLDC Property, the site of the previously planned and approved the Sunset Bluff Residential Subdivision, has largely been cleared and graded in preparation for residential development (Photoplate 1, photos 1 through 3). Approximately 26.03 acres of the MLDC Property are currently zoned Residential-I 0 Dwelling Units Per Net Acre (R-10). The remaining approximately 1.05 acres of the MLDC Property (a strip along the west side of its south edge) are zoned Resource Conservation (RC). Much of the MLDC Property has been cleared and graded for the recently planned and approved Sunset Bluff Residential Subdivision development. Those areas support little to no vegetation. A Category 1 wetland, a stream, and associated buffers on the eastern portion of the MLDC Property have been retained in native growth and encompass approximately 4.7 acres (see aerial photo exhibit in Appendix A; MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 Photoplate 1, Photo 4) as has a narrow, forested strip along the MLDC Property's north edge north of the area that has been cleared (see aerial photo exhibit in Appendix A). A younger deciduous forest/shrub-mosaic strip of vegetation lies off-site on the north edge of the BNSF railroad right-of-way adjacent to the southern boundary of the MLDC Property and the QIP Property (see aerial photo exhibit in Appendix A). 5 The approximately 9.0-acre QIP Property (which is the easternmost part of the Black River Quarry site) is located west of and abutting the MLDC Property along the north edge of an unimproved street right-of-way (S. 140th Street) and the BNSF railroad right- of-way immediately to the south of it. Further south is the Black River Riparian Forest, within which the heron nesting area is located about 965 feet south of the QIP Property. Nearly the entire QIP Property is unvegetated and portions of it have been graded. This property is used for storage of construction materials and construction equipment and for construction materials recycling activities. Approximately 8. 7 acres of the QIP Property are currently zoned R-10 and approximately 0.3 acres ofit (a roughly triangularly-shaped area along the east side of its south edge) are zoned RC. The 0.90-acre Virtu Property is a currently undeveloped, forested comer portion of the existing Sunset View Apartments development abutting a portion of the MLDC Property's west edge and located to the north of the easterly half of the QIP Property [just to the north ofa 20-foot-wide unimproved street right-of-way (S. 1371h Street)]. Two wetlands have been identified on the study site, one in the southeastern portion of the MLDC Property, another in the southwestern portion of the MLDC Property. An intermittent, non-fish-bearing stream flows from north to south across the western edge of the on-site deciduous forest in the eastern part of the MLDC Property. Streams and wetlands are discussed in greater detail in the wetland delineation report (Theresa R. Henson Consulting 2000) and habitat/wildlife assessment and stream study report (Barghausen Consulting Engineers, Inc. 2004) for the MLDC Property. Moderate-to high-density housing lies north, northwest and southeast of the site, whereas construction-materials recycling and storage operations, concrete batching and related uses involving heavy equipment are conducted in the portion of the Black River Quarry located to the west. As previously mentioned, the Black River Riparian Forest lies to the south of the rezone site and is separated from the site by the BNSF railroad line. 3.3 VEGETATION The majority of the study site, including all non-forested areas, is largely unvegetated (see aerial photo exhibit in Appendix A). The forest on the Virtu Property in the north- central portion of the study site is relatively closed-canopy, second-growth deciduous forest dominated by bigleaf maple, with lesser amounts of Douglas fir and black cottonwood. The shrub layer is dominated by Indian plum and common snowberry, with MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 Himalayan blackberry common in more-open areas and at the forest edge. Herbaceous plants are somewhat sparse in this area, and western sword fem is the most prevalent species among them. The forest in the eastern portion of the site is closed-canopy, second-growth deciduous forest dominated by bigleaf maple. Common snowberry is the dominant species in the sparsely to moderately dense shrub layer, and western sword fem is the dominant herbaceous plant in this area. 6 The slopes along the northern boundary of the MLDC Property are generally dominated by bigleaf maple, though some areas are dominated by black cottonwood. Himalayan blackberry dominates the shrub layer, particularly in canopy gaps where trees and saplings are absent. Within the shrub layer, additional species present include beaked hazelnut, vine maple, and oceanspray, and scattered western sword fem dominates the herbaceous layer. The slopes south of the southern boundary of the study site are vegetated by young bigleaf maple trees interspersed with openings dominated by bigleaf maple saplings, as well as by Himalayan blackberry, common snowberry, and Pacific blackberry. 3.4 SPECIAL HABITAT FEATURES Snags provide important foraging habitat, as well as breeding and cover sites for a variety of invertebrate and vertebrate wildlife species. We observed snags within the deciduous forest on the Virtu Property, as well as within the forest strip along the northern boundary of the MLDC Property. Within the Virtu Property, snags included one large, partly live western red cedar, one approximately 20-inch dbh bigleafmaple, and one approximately IO-inch dbh red alder. Within the forest strip along the MLDC Property's northern boundary, we observed a total of 16 snags (all deciduous species), at least three of which were greater than 20 inches dbh. WDFW (2008a) considers snags greater than 20 inches dbh and 6.5 feet tall to be priority snags; thus, five or more snags on the study site constitute priority snags. In addition, the density of snags in the treeline along the northern edge of the MLDC Property would probably constitute "priority snag and log habitat" per current WDFW (2008a) guidelines. Large (> 12 inches diameter at the large end) down logs provide cover, as well as foraging, breeding, and cover sites for a variety of invertebrates, small mammals, and amphibians. We documented few large down logs in the forested portions of the study site, although we found several near the northern edge of the forest patch in the eastern portion of the MLDC Property, as well as within the forest strip along the MLDC Property's north edge. Small-and medium-sized woody debris (less than three inches in diameter and between three and 12 inches in diameter, respectively) is uncommon on the site. MLDC, Q/P, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 7 The deciduous forest on the Virtu Property supports several large (>20 inches dbh) trees, including Douglas fir, bigleaf maple, and black cottonwood. Large black cottonwoods are also found within the forest strip along the MLDC Property's north edge. A large remnant of what appears to be a Douglas fir is situated near the northern boundary of the wetland in the southeastern, forested portion of the MLDC Property. Otherwise, large trees are generally absent within the forest located in the eastern portion of the MLDC Property. Due to its small size, highly fragmented nature, and mostly narrow configuration, most of the on-site forest constitutes edge habitat. While edge habitat is preferred by some wildlife species and may therefore increase wildlife species richness and diversity, it is subject to a number of negative environmental factors that are less pronounced in larger, more contiguous forest patches. Those factors include, among others, increased likelihood for colonization by invasive plant species, increased presence of mid-sized carnivores (which can potentially lead to increased depredation and decreased reproductive success for resident wildlife), and increased understory temperature. 3.5 WILDLIFE Due in part to (a) the highly disturbed, unvegetated nature of the majority of the study site, (b) the time of year of our site visits ( corresponding to the non-breeding season when many neotropical migrant birds are not present), and (c) the largely urbanized setting, the number of wildlife species that we observed during our field visits was moderate. Species observed primarily include those adapted to Puget Sound lowland forest, as well as those adapted to fragmented and/or residential areas. A variety of bird species are likely to inhabit the site and vicinity at different times of the year. Many of these are spring and summer residents that migrate out of the area for the fall and winter. Bird species observed were primarily limited to year-round or winter residents (Table 1). We observed three species of waterfowl within the open-water portion of the wetland in the southeastern portion of the MLDC Property, as well as four species of diurnal raptor on or near the site. The latter consisted of (a) an adult bald eagle flying over the site (in March 2008) and perched near the documented eagle nest south of the site (in January 2009), (b) a sharp-shinned hawk hunting in the forest in the eastern portion of the site (in January 2009), (c) a Cooper's hawk flying over and perched within the site (in March 2008), and ( d) multiple observations of one or more red-tailed hawks at different times during both site visits. We observed a single gull species flying over the site, a single hummingbird species on and south of the site, and a total of 16 passerine species on the site. We observed a pair of band-tailed pigeons mating in a tree along the south side of SW Sunset Boulevard in the far eastern extent of the MLDC Property. We documented the presence and/or foraging sign of at least three woodpecker species on or near the site, including a northern flicker observed on the site and a red-breasted MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4. 2009 8 sapsucker observed south of the site. Woodpecker foraging sign on the site was uncommon and appeared to consist primarily of the activity of smaller woodpecker species (e.g., downy and/or hairy woodpeckers, northern flicker). However, we observed weathered foraging sign of a pileated woodpecker on a snag along the MLDC Property's northeast boundary. No pileated woodpeckers were heard or seen during our site visit, and no recent foraging sign was observed. We observed cavities in three standing dead trees on the Virtu Property. The first of these trees was a large western red cedar, in which we observed two cavities in the upper third of the trunk. Both cavities were fairly large, and neither showed sign of recent use by woodpeckers. In addition, we observed red-breasted sapsucker foraging sign on that snag. The second tree was a broken-topped bigleaf maple, which supports a fairly large, circular cavity that did not show sign of recent use. The third was an alder snag with a large, oblong cavity that was probably the result of rot following a large branch breaking from the trunk. Two snags within the strip of forest along the MLDC Property's northern boundary also supported small cavities. The only mammals or their sign that we observed on the study site include a cottontail rabbit and coyote scat, though multiple other species of small-and medium-sized mammals likely use the site. As indicated in Section 3.4, a low to moderate amount of down woody debris is present on the study site, which provides potential cover and breeding habitat for small mammals, and on-site trees and snags provide potential cover and breeding locations for medium-sized mammals such as raccoons and eastern gray squirrels. We observed Pacific treefrogs during our field visits. We did not observe any other amphibians or reptiles, though a small number of each group is likely to be present. The down woody debris on the site may provide breeding habitat for a small number of Puget Sound lowland terrestrial-breeding amphibians, and aquatic-breeding amphibians probably breed in the wetland in the southeast portion of the site. Potential cover and foraging habitat for some reptiles, including garter snakes, and some amphibians, particularly salamanders, are also found on the site. MLDC, Q!P, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 9 4.0 REGULATORY CONSIDERATIONS 4.1 STATEOFWASHINGTON In Washington State, bald eagles are protected by the Bald Eagle Protection Act of 1984 (RCW 77.12.655) and the Bald Eagle Protection Rules (WAC 232-12-292). The Bald Eagle Protection Rules require preparation of Bald Eagle Management Plans for proposed projects that fall within a Bald Eagle Management Zone (within 800 feet of a nest, or within 250 feet of shoreline if also within 0.5 mile of a nest). The bald eagle nest that is 1,750 feet west of the site's northwest corner falls well outside the 800-foot zone and thus would not need a Bald Eagle Management Plan. The eagle nest within the Black River Riparian Forest, which is approximately 1,100 feet from the property boundary, is also well outside the 800-foot zone and thus would not require a Bald Eagle Management Plan, either. Bald eagle management issues are discussed in greater detail in Section 4.2.1. 4.2 CITY OF RENTON The City of Renton regulates wildlife habitat under Renton Municipal Code Section 4-3- 050.K-Habitat Conservation. Specifically, Category 1 wetlands and habitat associated with species of concern are considered "critical habitat," as defined in RMC 4-3- 050K. l .a. "Critical habitat" is further defined in RMC 4-11-030 as "habitat areas associated with threatened, endangered, sensitive, monitored, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species would maintain and reproduce over the long term." The wetland in the southeastern portion of the property has been rated as a Category 1 wetland and thus constitutes a critical habitat per City of Renton code. Species of concern that are or may be present on or in the vicinity of the property, as determined by our background and field investigation, include bald eagles, pileated woodpeckers, band-tailed pigeons, and great blue herons. Each is discussed in greater detail in the following paragraphs. 4.2.1 Bald Eagle Bald eagles are listed as a Sensitive species in Washington State. As discussed in Section 3.1 above, three bald eagle nests are found within approximately 1.5 miles of the study site. Of these, the birds occupying the nest site more than 1.5 miles to the north-northeast are likely to perch and forage along the shore of Lake Washington and are not likely to use the study site. Eagles using either of the two nest sites nearer the property probably perch and forage along the open-water component within the Black River Riparian Forest, as well as along the Green River. (The Green River is located approximately 0.25 and 0.85 miles west of the nest sites, respectively). These two nest sites are considered to be part of the same territory and thus are probably used by the same eagles from year to year. MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 10 The large trees on the study site probably do not provide valuable perch sites for bald eagles given the trees' substantial distance from large, open-water foraging areas. In addition, most of the larger trees on the site lie in close proximity to apartment buildings, roads, and the active industrial/quarry site, which further reduces their utility for eagles. Eagles may occasionally perch and hunt waterfowl in the wetland in the southeastern portion of the MLDC Property (most of which is off-site), but given that larger, fish- bearing waters are found in the area, the on-site wetland is unlikely to be a regular feeding location for local eagles. Thus, (a) the study site is not likely to provide important habitat for bald eagles, and (b) the limited habitat that does exist for this species (the wetland in the southeastern portion of the MLDC property) would be retained along with its associated buffer during future construction within the study area. In addition, due to the limited usefulness of this wetland to eagles, any hypothetical alteration of this wetland would be unlikely to "reduce the likelihood that [bald eagles] would maintain and reproduce over the long term." Therefore, it is our opinion that critical habitat, as defined by the City of Renton, does not exist on the study site for bald eagles. 4.2.2 Pileated Woodpecker Pileated woodpeckers are a "State candidate" species, which are species that "will be reviewed by the department for possible listing as endangered, threatened, or sensitive" (WDFW 2008a). The weathered, probably inactive cavities in the western red cedar on the Virtu Property (as described in Sections 3.4 and 3.5) may have been excavated and/or used by pileated woodpeckers in the past, but it does not appear that these cavities are currently used. The cavity in an on-site broken-topped bigleafmaple (described in Section 3.5) is potentially large enough to be used by a pileated woodpecker; however, the circular cavity entrance ( contrasted with the typically oblong openings created by pileated woodpeckers), small forest patch size, surrounding habitat, and presence of northern flickers in the area indicate that the cavity was probably excavated and used by the latter species. In addition, only a small amount of weathered pileated woodpecker foraging sign was observed on the property. Pileated woodpeckers can use forest stands within urban and rural localities, are known to engage in relatively long overland flights between foraging areas, and probably inhabit the general area. However, we did not observe this species during our site visit and found no recent evidence of foraging sign that could be attributed to this species. The on-site snags present limited potential habitat for pileated woodpeckers; however, it does not appear that this species currently uses the site. In addition, the snags that lie within the strip of vegetation along the northern boundary of the MLDC property (which constitute most of the on-site snags) would be retained during future development. Because the potential on-site habitat for pileated woodpeckers is limited and because the site does not appear to be currently used by this species, any alteration of the forested portions of the site would be unlikely to "reduce the likelihood that [pileated woodpeckers J would maintain and reproduce over the long term." Thus, it is our opinion that critical habitat, MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 11 as defined by the City of Renton, does not exist on the study site for pileated woodpeckers. 4.2.3 Band-tailed Pigeon Band-tailed pigeons are a "Species of Recreational, Commercial, and/or Tribal Importance" in Washington, and are considered a priority where they occur in regular concentrations and at occupied mineral sites. This species is typically found in mixed coniferous-deciduous or coniferous forest with sufficient berry-and nut-producing trees and shrubs for foraging (Lewis et al. 2003). In addition, band-tailed pigeons are strongly associated with mineral springs, which they use during the breeding season (Lewis et al. 2003). As discussed in Section 3.5, we observed a single pair of band-tailed pigeons in the deciduous forest at the study site's eastern end. Band-tailed pigeons typically nest in young, closed-canopy, coniferous forest (Lewis et al. 2003). No such forest is found on the study site, so it is unlikely that these birds would nest within the study area. The shrubs in the understory of the on-site forest could provide foraging habitat for band- tailed pigeons, but given the predominance of deciduous trees in the overstory, it is unlikely that these areas would regularly be used by pigeons. We did not observe nest sites or any large concentrations of band-tailed pigeons, nor did we observe any ground- feeding pigeons (e.g., at mineral springs). In addition, no band-tailed pigeon nest sites, concentrations, or mineral springs are mapped by WDFW (2009) within approximately 1.5 miles of the site. Given the limited usefulness of the on-site deciduous forest to band-tailed pigeons, it is unlikely that alteration of these areas would "reduce the likelihood that [band-tailed pigeons] would maintain and reproduce over the long term." Therefore, it is our opinion that critical habitat, as defined by the City of Renton, does not exist on the study site for band-tailed pigeons. 4.2.4 Great Blue Heron Great blue herons are a monitor species in Washington, and are considered a priority at breeding areas. An assessment of great blue heron management in relation to the study site has been addressed in another document (Raedeke Associates, Inc. 2009). Herons in the vicinity of the study site may forage within the approximately three-acre Category 1 wetland that straddles the study area's south boundary in the southeastern portion of the MLDC Property. (The bulk of that wetland is off-site\ However, their foraging activity is likely to be concentrated in larger aquatic areas in the vicinity of the breeding colony to the south of the study site, within the City park property. Because (a) only a small 1 The wetland delineation report prepared for what is now referred to as the MLDC Property (Theresa R. Henson Consulting 2000) notes that the on-site portion of the approximately three-acre Category I wetland was only 6,058 square feet. Thus, less than five percent of that wetland lies on the MLDC Property. MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 12 portion of the Category 1 wetland is found on the study site, and (b) more substantial habitat exists for great blue herons in the area to the south of the study site, it is unlikely that any hypothetical alteration of the on-site portion of the wetland would "reduce the likelihood that [great blue herons] would maintain and reproduce over the long term." Thus, it is our opinion that critical habitat, as defined by the City of Renton, does not exist for great blue herons on the study site. 4.2.5 Summary Because Renton Municipal Code Section 4-3-050.K. l.a includes all Category 1 wetlands as "critical habitat," the 6,058-square-foot on-site portion of the approximately three-acre Category l wetland that straddles the study site's south boundary in the southeastern portion of the MLDC Property is by definition a "critical habitat". As discussed in Sections 4.2.1 through 4.2.4, it is our opinion that no other portion of the study site is critical habitat, as defined by the current Renton Municipal Code. The portion of the Category 1 wetland on the study site, and its associated on-site buffer, would be preserved during future development of the site regardless of the site's zoning. Further assessment of that wetland is provided in the wetland delineation report (Theresa R. Henson Consulting 2000) for the MLDC Property. Aside from the species discussed in Sections 4.2.1 through 4.2.4, no other species of concern are known to use or are likely to use the study site. The Black River Riparian Forest to the south of the site would meet the definition for critical habitat as a result of the presence of a bald eagle nest and a great blue heron colony there. 4.3 OTHER ISSUES As discussed in Section 3.1, the area north of the BNSF railroad track that surrounds and includes the study site is mapped as UNOS by WDFW (2009). Under the revised PHS definitions provided by WDFW (2008a), the "UNOS" priority habitat definition is being phased out and replaced by "biodiversity areas." However, this will require an on-the- ground analysis of all areas currently designated as UNOS, and all such areas shall remain designated as UNOS on WDFW's PHS and HRTG databases map until the site review has been completed. [Per the current PHS definitions (WDFW 2008a), this will be no later than August 2010]. Until that analysis is completed, WDFW's mapping of portions of the study site as UNOS will technically still remain, even though the portions of the study site that are mapped as UNOS no longer meet the UNOS definition (see discussion below. Prior to the most recent update, UNOS was defined by WDFW (2008c) as areas where: A priority species resides within or is adjacent to the open space and uses it for breeding and/or regular feeding; and/or the open space functions as a corridor connecting other priority habitats, especially those that would MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 otherwise be isolated; and/or the open space is an isolated remnant of natural habitat larger than 4 ha (JO acres) and is surrounded by urban development. Local considerations may be given to open space areas smaller than 4 ha (IO acres). The following is a point-by-point analysis of this definition in relation to the study site: A priority species resides within or is adjacent to the open space and uses it/or breeding and/or regular feeding; 13 As discussed in Section 4.2, the priority species that have been observed within or near the study site are not likely to use the property for breeding and/or regular feeding. Great blue herons and bald eagles may forage within the Category 1 wetland ( the bulk of which is off-site) in the southeastern portion of the MLDC Property, but their foraging activity is likely to be concentrated in larger aquatic areas to the south of the study site within the City ofRenton's approximately 100-acre park property. In addition, band-tailed pigeons may forage in the forested portions of the study site but, given that the habitat is of marginal value to pigeons, those forested portions are not likely to be used for regular feeding by this species . •.• the open space functions as a corridor connecting other priority habitats, especially those that would otherwise be isolated; Forested areas contiguous with the on-site forest patches are not also contiguous with other priority habitats. Thus, the vegetated portions of the site do not serve as a corridor connecting other priority habitats. The BNSF railroad tracks and associated chain link fence ( a fence that has only occasional breaks) to the south of the property separate the vegetated portion of the study site from the Black River Riparian Forest (see aerial photo exhibit in Appendix A) . . • • the open space is an isolated remnant of natural habitat larger than 4 ha (IO acres) and is surrounded by urban development. The forest patch in the southeast portion of the MLDC Property is approximately 4. 7 acres in size. However, the contiguous forested area to the southeast of the site (all north of the BNSF railroad right-of-way) is approximately 8.3 acres in size. Thus, the entirety of this contiguous forested area is approximately 13 acres in size (i.e., greater than 10 acres). However, because the Black River Riparian forest lies across the railroad line to the south of this 13-acre forested area, this 13-acre forest patch is not "surrounded" by urban development. The data accompanying the PHS and HRTG map (WDFW 2009) provide the following description of the portion of the study site that is mapped as UNOS: MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 Urban deciduous riparian forest (cottonwood; alder; maple). Great blue heron colony on site. Used by many waterfowl (bufflehead, mallards, scaup; wigeon, green-winged teal; gadwall; etc.) Bald eagle feeding area. 14 This narrative much more accurately describes the City ofRenton's 100-acre park property to the south of the BNSF railroad than it does the study site ( see aerial photo exhibit in Appendix A). First, the majority of the polygon that is mapped (WDFW 2008a) as UNOS, within which the study site lies, is not forested. In contrast, the park property is predominantly forested. Second, there is not a great blue heron colony on any portion of the mapped (WDFW 2008a) UNOS polygon that includes the study site, but there is a heron colony in the park. Third, whereas (a) waterfowl are known to use the Category I wetland in the southeast portion of the MLDC property (a wetland that only encompasses about 0.5 percent of the study site) and (b) that wetland and large perch trees in its immediate vicinity could potentially be used by bald eagles for perching and foraging, the vast majority of the study site does not provide habitat for waterfowl or eagles. In contrast, much larger aquatic areas exist in the park and provide greater foraging opportunities and habitat for these taxa. UNOS mappings are not updated regularly, and the clearing of portions of the on-site forest that has occurred within the last several years probably had not occurred at the time of the mapping. Based on the discussion provided in this section, it appears that none of the study site meets the criteria to be designated as UNOS. MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 15 5.0 GENERAL IMPACTS TO WILDLIFE More than 80% of the forested habitat on the study site, consisting of the 4.7-acre forest patch in the eastern portion of the MLDC Property and the treeline along the MLDC Property's north edge, would be retained with future development of the property under the proposed Light Industrial (IL) and Commercial Office (CO) zoning. The 0.9-acre forest patch on the Virtu Property is expected to be removed. Thus, the current buffer vegetation surrounding the on-site Category 1 wetland and the on-site intermittent stream, as well as the majority of the on-site snags would be retained. This will preserve the majority of the potential foraging, breeding, and cover sites for the wildlife species of concern that may use the site, including those discussed in Section 4.2. This will also preserve all of the "critical habitat", as defined by the Renton Municipal Code, that in our opinion exists on the study site. Rezoning of the QIP and Virtu properties to Light Industrial (IL) and rezoning of the MLDC Property to Commercial Office (CO) should have no significant adverse impact upon wildlife on the study site in view of(a) the history ofheavy industrial uses of the QIP Property, and (b) the current potential for development of the QIP, Virtu and MLDC properties into residential uses. Wildlife that may be disturbed by development of the site under the proposed zoning would generally be the same wildlife that would be expected to be disturbed by development under the site's existing zoning. Development and use of the property with Commercial Office and Light Industrial uses would not be expected to lead to (a) instances of children playing outside on the study site or (b) the presence of any dogs, cats or other household pets. With residential development that could take place under the site's existing zoning, children might venture into undeveloped portions of the site. Children might also venture into the Black River riparian forest, potentially disturbing wildlife, although it is less likely because of the difficulty of getting to the Black River Riparian Forest due to factors such as the steep slope along the study site's south edge, fencing that would be provided along the south edge of any residential development, and the need to cross the BNSF railroad tracks. Dogs and cats, which are commonly associated with residential development, not only disturb native wildlife but are known to be predators of many native species. These potentially important disturbance factors would not be present with development under the proposed zoning, whereas they might be problematic with allowable uses developed under the study site's current residential zoning. Under Light Industrial and Commercial Office development, disturbance to wildlife would generally be similar to or less than that which would reasonably be expected with residential development allowed under the properties' existing zoning. Under these different development scenarios ( office and light industrial versus residential), the nature, timing, duration, and magnitude of disturbance MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 would differ, but the cumulative impact to wildlife would not be expected to differ greatly. 16 MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 17 6.0 LIMITATIONS We have prepared this report for the exclusive use of Merlino Land Development Co., Inc., Quarry Industrial Park, LLC, and their consultants. No other person or agency may rely on the information, analysis, or conclusions contained herein without permission from Merlino Land Development Co., Inc. and Quarry Industrial Park, LLC. The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. We cannot guarantee the outcome of such agency determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies prior to any detailed site planning or construction activities. We warrant that the work performed conforms to standards generally accepted in our field, and has been prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the rezone proponents and their consultants, together with information gathered in the course of this study. No other warranty, expressed or implied, is made. MLDC, Q!P, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 7.0 LITERATURE CITED Barghausen Consulting Engineers, Inc. 2004. Habitat/wildlife assessment and stream study report. Report prepared for SR 900, LLC, Seattle, Washington. Larsen, E.M., editor. 1997. Management recommendations for Washington's priority species, Volume III: amphibians and reptiles. Washington Department of Fish and Wildlife, Olympia, Washington. 122 pp. Larsen, E.M., J.M. Azerrad, and N. Nordstrom, eds. 2004. Management recommendations for Washington's priority species, Volume IV: Birds. Washington Department of Fish and Wildlife, Olympia, Washington. 268 pp. Lewis, J.C., M. Tirhi, and D. Kraege. 2003. Band-tailed pigeon (Columbafasciata). Pages 22-1 to 22-5 in E.M. Larsen, J.M. Azerrad, and N. Nordstrom, editors. Management Recommendations for Washington's Priority Species, Volume IV: Birds. Available at http://wdfw.wa.gov/hab/phs/vol4/band__pigeon.pdf. 18 Raedeke Associates, Inc. 2009. Great blue heron assessment for the MLDC, QIP, and Virtu properties. Report prepared for Merlino Land Development Company and Quarry Industrial Park, LLC, Seattle, Washington. Renton, City of. 2009. Renton Municipal Code on-line, current through Ordinance 5430 passed December I, 2008. Title IV, Chapter 3 -Environmental Regulations and Overlay Districts. Last accessed January 23, 2009. Rodrick, E. and R. Milner, ( eds.). 1991. Management recommendations for Washington's priority habitats and species. Washington Department offish and Wildlife, Fish Management and Habitat Management Divisions. Olympia, Washington. Theresa R. Henson Consulting. 2000. Wetland delineation for the SR 900, LLC property in Renton, Washington. August 29, 2000 report prepared for SR 900, LLC, Seattle, Washington. U.S. Fish and Wildlife Service. 2009. Threatened and endangered species system listings and occurrences for Washington. http://ecos.fws.gov/tess __public/S tateListingAndOccurrence.do?state=W A. Site last accessed January 22, 2009. Washington Department offish and Wildlife. 2008a. Priority habitats and species list. Olympia, Washington. 174 pp. MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 Washington Department offish and Wildlife. 2008b. Washington State monitor list. http://wdfw.wa.gov/wlm/diversty/soc/state _ monitor.htm. Current through June 30, 2008. Washington Department offish and Wildlife. 2008c. Priority habitats. http://wdfw.wa.gov/hab/phshabs.htm. Site last accessed March 24, 2008. Washington Department offish and Wildlife. 2009. Priority habitats and species map for Township 23 North, Range 4 East, Section 13. January 12, 2009. 19 MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Raedeke Associates, Inc. February 4, 2009 FIGURES, TABLES, AND PHOTOPLATE ~ 0 Q. "' ::. co C: 0 '6, ., 0: ~ :, C) ~ <U ~ j -g .!l! 1 .;; 0 ~ " Clab> .§ ····· -········· al ~ c: Olympic Nationa "' P811< 0:: <U ·" "' C: " .c I!! Q. E 0 0 € > 'C C: "' a: a 0 0 ...I ::. i,i E "' z <U IT: _CANAD.t,_ UNITED STP.TES ~ -,., ~--~ ~-· ..... ? Okanc,,ian -~-,----·---;/ :' Gl~g~ : ................. $1"11:~ontth uuu .......... ·•••••• t,::·· ---.... \ •' } ()lc,a,,n ./· Mt. Rainier National Park ···; \ ( ·: ... / -~.; •••••u•••••••••••••••••··1 · ·•·••••••••••••••u•••••••i Yakima ' ) .. : ...... -.. -. ---............. -......... ---. -.. ' . . . . . . . . . . : Figure 1. Regional Map showing general location of the project. • NORTH Graphics\\2007\2007-002 MLDC, QJP & Virtu Comprehensive Plan Amendment & Rezonc\003 \Wctland Asscssment\Fig 2 Vicinity Map.pdf RAl #2007-002-003 01 /09 F G H J A B C D 4 Figure 2. Vicinity map for the project area. IJOAT IAU'ICH LAJr.£ WASHINGTON / . r )}h i r-T', { I 1. 'W/ I ft , _)_ I I , D E 5 7 Table 1. Wildlife species observed on the site or mentioned in report text. Common Name REPTILES Garter Snake AMPHIBIANS Pacific treefrog BIRDS Mallard Gadwall Hooded Merganser Great Blue Heron Osprey Bald Eagle Cooper's Hawk Sharp-shinned Hawk Red-tailed Hawk Band-tailed Pigeon Glaucous-winged Gull Anna's Hummingbird Red-breasted Sapsucker Downy Woodpecker Hairy Woodpecker Northern Flicker Pileated Woodpecker Violet-green Swallow Steller's Jay American Crow Black-capped Chickadee Chestnut-backed Chickadee Brown Creeper Bewick's Wren Golden-crowned Kinglet Ruby-crowned Kinglet MLDC. QIP. and Virtu Properties Wildlife Reconnaissance Scientific Name Thamnophis spp. Pseudacris regilla Anas platyrhynchos Anas strepera Lophodytes cucullatus Ardea herodias Pandion haliaetus Haliaeetus leucocephalus Accipiter cooperii Accipiter striatus Buteo jamaicensis Patagioenas fasciata Larus glaucescens Calypte anna Sphyrapicus ruber Picoides pubescens Picoides villosus Colaptes auratus Dryocopus pileatus Tachycineta thalassina Cyanocitta stelleri Corvus brachyrhynchos Poecile atricapillus Poecile rufescens Certhia americana Thryomanes bewickii Regulus satrapa Regulus calendula Observed On-Site? No Heard only Yes Yes Yes No No Yest Yes Yes Yes Yes Yest Yes Foraging sign Possible foraging sign Possible foraging sign Yes Foraging sign Yest Yes Yes Yes Yes Yes Yes Yes Yes Raedeke Associates, Inc. February 4, 2009 Table l. Continued. Common Name BIRDS American Robin European Starling (I) Spotted Towhee Fox Sparrow Song Sparrow Golden-crowned Sparrow House Sparrow (I) MAMMALS Eastern Cottontail (I) Eastern Gray Squirrel (I) Raccoon Coyote Notes: (I): Introduced species 1 Observed flying over the site MLDC, QJP, and Virtu Properties Wildlife Reconnaissance Scientific Name Observed On-Site? Turdus migratorius Yes Sturnus vulgaris Yes Pipilo maculatus Yes Passere/la iliaca Yes Me/ospiza me/odia Yes Zonotrichia atricapilla Yes Passer domesticus Yes Sylvilagus jloridanus Yes Sciurus carolinensis No Procyon lotor No Canis latrans Scat Raedeke Associates, Inc. February 4, 2009 Table 2. Plant species mentioned in report text. Common Name TREES Red Alder Bigleaf Maple Black Cottonwood Douglas-fir Western Red Cedar SHRUBS Vine Maple Beaked Hazelnut Oceanspray Indian Plum Himalayan Blackberry Pacific Blackberry Common Snowberry HERBS Western Sword Fem MLDC, QIP, and Virtu Properties Wildlife Reconnaissance Scientific Name Alnus rubra Acer macrophyllum Populus balsamifera Pseudotsuga menziesii Thuja plicata Acer circinatum Cory/us cornuta Holodiscus discolor Oemleria cerasiformis Rubus armeniacus Rubus ursinus Symphoricarpos a/bus Po!ystichum munitum Raedeke Associates, Inc. February 4, 2009 Photo 1 View of a portion of the study area , looking southwest. Photo 3 View of a portion of the study area , looking west-by- northwest. Photo 2 View of a portion of the study area , looking west. Photo 4 Deciduous forest in eastern portion of site , looking southeast. U:\2007\2007-002 MLD C. QIP and Virtu Rezones -Heron s \Site Ph otos\1-15-09 MLD C, QIP, and Virtu Prop erties Wildlife Reconn aissance Rae deke Associates, In c. F eb. 4, 2009 APPENDIX A ,vi, GWll"" ----.IIOC•.I -------........ -·-----.... -- SlOMIIJ!I ,,_ ......._.. .,., • .,.o•• o•,.,, 'IIINW'W CIIWl ~ W) XVJ tv.1.11-1~('-'t) t~~' \~ 4; -tm-i~Cc.t•l troa& Vil 'IHlll CX2M H1llOS nG',V <JIU I.ii Z'III 1$\'>~H~~ -- "NO~ JO AU:> lHl JO AS3Uln0:> ~ SJN1 ~ ·M1 1Wl3\I SSOWJO JO >S3Ull'IO:> (IIOOZ 'II J9CIOl:l0 :e1DQ) HiMIOOlOHd lWl3V :]10N WETLAND RECONNAISSANCE QIP and Virtu Properties Renton, Washington February 4, 2009 RAEDEKE ASSOCIATES, INC. Report To: Title: Project Number: Prepared by: Date: Merlino Land Development Co., Inc. and Quarry Industrial Park, LLC Attn: Mr. Don Merlino 9125 IO'h A venue South Seattle, Washington 98108-4612 Wetland Reconnaissance for the QIP and Virtu Properties, Renton, Washington 2007-002-002 RAEDEKE AS SOCIA TES, INC. 5711 Northeast 63rd Street Seattle, Washington 98115 (206) 525-8122 February 4, 2009 Project Manager: Project Personnel: Kenneth J. Raedeke, Ph.D. President/ Certified Senior Ecologist, ESA G. Emmett Pritchard, B.S. Principal/ Wetland Ecologist Beth Day, B.S. Wetland Biologist Emily Podolak, M.L.A. Landscape Designer Gail W. Livingstone, B.S.L.A. Natural Resource Planner & Editor 1.0 INTRODUCTION 1.1 PURPOSE I This report documents the results of our wetland reconnaissance of the QIP and Virtu properties (hereafter, collectively referred to as the "study area") in King County, Washington (Figures I and 2). This report documents the results of our investigation and meets all requirements for wetland reports as specified under Section 4.3.M of the City of Renton (2008) municipal code. This report is intended to provide technical baseline data for use in site planning. 1.2 PROJECT STUDY AREA The 9.9-acre study area is roughly bounded by (a) the Sunset View Apartments along the south edge of SR 900 (SW Sunset Boulevard) to the north, (b) the Burlington Northern and Santa Fe (BNSF) railroad to the south, ( c) property to east owned by the Merlino Land Development Co., Inc. (the MLDC Property, which is the site of the previously planned and approved Sunset Bluff Residential Subdivision) and (d) the westerly portion of the Black River Quarry site to the west (Figure 2). The study area is located in Section 13, Township 23 North, Range 4 East, W.M. QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 2 2.0 METHODS 2.1 DEFINITIONS AND METHODOLOGIES Wetlands and streams are protected by federal law, as well as by state and local regulations. Federal law (Section 404 of the Clean Water Act) prohibits the discharge of dredged or fill material into "waters of the United States," including certain wetlands, without a permit from the U.S. Army Corps of Engineers (COE 2007). The COE has the authority to make a final determination as to whether an area meets the definition of a wetland and whether a wetland is under its jurisdiction. The COE wetland definition was used to determine if any portions of the study area could be classified as wetland. A wetland is defined as an area "inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Federal Register 1986:41251). We based our investigation upon the guidelines of the COE Wetlands Delineation Manual (Environmental Laboratory 1987), as revised in the Washington State Wetlands Identification and Delineation Manual published by the Washington Department of Ecology (WDOE 1997). The WDOE wetlands manual (a) is required by state law for all local jurisdictions, including the City of Renton, (b) is consistent with the 1987 COE wetland delineation manual with respect to wetland identification and delineation, and ( c) incorporates subsequent amendments and clarifications provided by the COE (1991a, 1991 b, 1992, 1994). As outlined in the 1987 wetland delineation manual, wetlands are distinguished by three diagnostic characteristics: hydrophytic vegetation (wetland plants), hydric soil (wetland soil), and wetland hydrology. Definitions for these terms are provided below. Hydrophytic vegetation is defined as "macrophytic plant life growing in water, soil or substrate that is at least periodically deficient in oxygen as a result of excessive water content" (Environmental Laboratory 1987). The U.S. Fish and Wildlife Service (USFWS) Wetland Indicator Status (WIS) ratings were used to make this determination (Reed 1988, 1993). The WIS ratings "reflect the range of estimated probabilities ( expressed as a frequency of occurrence) of a species occurring in wetland versus non- wetland across the entire distribution of the species" (Reed 1988:8). Plants are rated, from highest to lowest probability of occurrence in wetlands, as obligate (OBL), facultative wetland (F ACW), facultative (F AC), facultative upland (FACU), and upland (UPL), respectively. In general, hydrophytic vegetation is present when the majority of the dominant species are rated OBL, F ACW, and FAC. A hydric soil is defined as "a soil that is formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part" (Federal Register 1995: 35681). The morphological characteristics of the QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 soils in the study area were examined to determine whether any could be classified as hydric. 3 According to the 1987 methodology, wetland hydrology could be present if the soils were saturated (sufficient to produce anaerobic conditions) within the majority of the rooting zone (usually the upper 12 inches) for at least 5% of the growing season, which in this area is usually at least two weeks (COE 1991a). It should be noted, however, that areas having saturation to the surface between 5% and 12% of the growing season may or may not be wetland (COE 1991b; see also Table A.4). Depending on soil type and drainage characteristics, saturation to the surface would occur if water tables were shallower than about 12 inches below the soil surface during this time period. Positive indicators of wetland hydrology include direct observation of inundation or soil saturation, as well as indirect evidence such as driftlines, watermarks, surface encrustations, and drainage patterns (Environmental Laboratory 1987). Hydrology was further investigated by noting drainage patterns and surface water connections between wetlands and streams within and adjacent to the study area. 2.2 BACKGROUND RESEARCH We collected and analyzed background information available for the study area prior to the on-site investigation. We reviewed maps and information from the U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI 2008) Wetlands Online Mapper, the USDA Natural Resources Conservation Service (NRCS 2007a) Web Soil Survey, and the U.S.D.A. Soil Conservation Service (SCS) Soil Survey for King County (Snyder et al. 1973), as well as the Renton Wetland Maps Inventory (2008) and King County iMAP (2008). We also reviewed the wetland investigation report prepared by Theresa R. Henson Consulting (2000) for what is now referred to as the MLDC Property to the east of the QIP and Virtu properties, as well as the wetlands portion of the Habitat/Wildlife Assessment and Stream Study Report prepared by Barghausen Consulting Engineers (2004) for the Sunset Bluff Residential Subdivision on the MLDC Property. 2.3 FIELD SAMPLING PROCEDURES We conducted a field investigation of the study area and vicinity on March 12, 2008. During our field investigation of the study area, we inventoried, classified, and described representative areas of plant communities, soil profiles, and hydrologic conditions throughout the study area. We searched specifically for areas where positive indicators of hydrophytic vegetation, hydric soil, and wetland hydrology might be present. Vegetation, soils, and hydrology were examined in representative portions of the study area. Plant communities were inventoried, classified, and described during our field investigation. We used the Braun-Blanquet cover-abundance scale and plotless sampling QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 methodology to describe homogenous plant "cover types" in both wetlands and uplands (Mueller-Dombois and Ellenburg 1974). Vegetation nomenclature follows standard taxonomic procedures described in Hitchcock and Cronquist (1976), with nomenclature as updated by USDA NRCS (2007b). Wetland classification follows the USFWS wetland classification system (Cowardin et al. 1992). Two quantitative indices were used to analyze vegetation data in order to determine if the plant community meets the definition of "hydrophytic vegetation." The first index represents the percentage of dominant species with a WIS rating of facultative or wetter. We used the Braun-Blanquet cover-abundance method (Mueller-Dombois and Ellenberg 1974) as a way to objectively describe homogenous vegetation "cover types." A species with a cover class value of2 (5% to 25% canopy cover) or greater on the Braun-Blanquet scale is considered a dominant. The second vegetation index used was a weighted mean of the WIS ratings, after Wentworth and Johnson (1986). This weighted mean index (WMI) calculates the average WIS rating of all species in the plot by weighting each species based upon its relative cover. The WMI is a measure of the plant community's adaptation to saturated soil conditions (Wentworth and Johnson 1986). The WMI provides an objective parameter for determining whether a plant community is indicative of wetland or upland conditions. Ideally, the "breakpoint" between wetland and upland vegetation is a weighted mean index of 3.0, with wetland vegetation characteristics indicated by a WM! less than 3.0 and upland vegetation characteristics indicated by a WMI greater than 3.0. When the weighted mean index is near 3.0, however, vegetation may not clearly indicate whether an area is wetland or upland. In such cases, soil and hydrologic conditions must be carefully considered. As the weighted mean index of a plant community or plot approaches either extreme on the scale (i.e., 1.0 or 5.0), however, the probability of the vegetation indicating wetland or upland, respectively, increases. Wentworth and Johnson (1986) confirmed the effectiveness of this methodology for a wide variety of plant communities in different regions of the United States. We excavated pits to at least 18 inches below the soil surface, where possible, in order to describe the soil and hydrologic conditions throughout the study area. We sampled soil at locations that corresponded with vegetation sampling areas and potential wetland areas. Soil colors were determined using the Munsell Soil Color Chart (Munsell Color 2000). 4 QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 3.0 EXISTING CONDITIONS 3.1 RESULTS OF BACKGROUND INVESTIGATION 3.1.1 National Wetland Inventory 5 The USFWS (2008) NWI Wetlands Online Mapper (Figure 3) does not depict wetlands within the study area or within 1,000 feet of the study area north of the BNSF railroad. Wetland classification follows the USFWS wetland classification system (Cowardin et al. 1992). The NWI depicts two palustrine, scrub-shrub, seasonally flooded (PSSC) wetlands approximately 600 and 1,000 feet southeast of the study area, respectively. The NWI also maps a riverine, lower perennial, unconsolidated bottom, permanent, excavated (R2UBHx) wetland approximately 1,000 feet southwest of the study area. The NWI does not depict any other wetlands or stream within 1,000 feet of the property. Wetlands shown on the NWI are general in terms oflocation and extent, as they are determined primarily from aerial photographs. Thus, the number and areal extent of existing wetlands located within the study area may differ from those marked on an NWI map. 3.1.2 Soil Conservation Service Maps According to the USDA NRCS (2007a) Web Soil Survey, a majority of the study area is mapped entirely as Beausite gravelly sandy loam, 15% to 30% slopes (map symbol BeD, Figure 4). Beausite gravelly sandy loam soils consist of well-drained soils formed in glacial deposits underlain by sandstone and are not listed as hydric (SCS 1991, Federal Register 1995). 3.1.3 Local Wetland and Stream Inventories Neither the City of Renton Wetland and Stream Overlays (2008) nor the King County (2008) Sensitive Areas iMAP shows any wetlands or streams within 1,000 feet of the study area north of the BNSF railroad. Both the City of Renton Wetland and Stream Overlays (2008) and the King County (2008) Sensitive Areas iMAP depict a large wetland system located approximately 750 feet south of the study area. The area identified by the City of Renton Wetland and Stream Overlays (2008) and the King County (2008) Sensitive Areas iMAP is located in the City ofRenton's Black River riparian forest. The location of this wetland system generally corresponds to location of the R2UBHx and PSSC wetlands identified on the NWI Online Map (Figure 3). 3.1.4 Theresa R. Henson Consulting's Wetland Investigation of Property to the East Theresa R. Henson Consulting investigated the MLDC Property east of the QIP and Virtu properties for wetlands during 2000. (Henson's wetlands delineation report was used as part of the SEP A documentation for the Sunset Bluff Residential Subdivision.) Henson (2000) identified as Wetland A a Category 3 wetland located approximately 120 feet east of the QIP Property's southeast comer. The wetland was 400 square feet in size (257 square feet of which were on the MLDC Property and the balance of which was within the abutting BNSF railroad right-of-way to the south) and dominated by red-osier QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 dogwood (Cornus sericea) and giant horsetail (Equisetum telmateia). Henson (2000) reported that that wetland had been severely disturbed due to maintenance of a ditch on the north side of the railroad tracks. Henson (2000) did not identify any other wetlands within 300 feet of the QIP or Virtu properties, but did identify and delineate on the MLDC Property as Wetland Ba 6,058-square-foot northerly portion of a Category 1 wetland estimated to be three acres in size straddling the south boundary of the MLDC Property's east end. 3.2 ON-SITE INVESTIGATION We did not identify any wetlands within the study area. The QIP Property portion of the study area is the easterly part of the Black River Quarry property. Nearly the entire QIP Property is unvegetated and has been graded. This property is used for storage of construction materials and construction equipment, as well as for construction-materials recycling activities. The 0.9-acre Virtu Property portion of the study area is a currently forested, undeveloped corner portion of the existing Sunset View Apartments development. 3.3 OFF-SITE INVESTIGATION 6 The MLDC Property to the east of the study area has been cleared and graded as part of the Sunset Bluff Residential Subdivision site development. The Sunset View Apartments complex is located to the north of and upslope from the study area. The Black River Riparian Forest lies south of the study area, and is separated from the study area by the BNSF railroad. Heavy industrial uses ( construction-materials operations that include concrete crushing and recycling, concrete batching and related outdoor use of heavy equipment) are conducted in the portion of the Black River Quarry to the west of the study area. During our March 12, 2008 investigation, we examined the Category 3 wetland area identified by Henson (2000) as Wetland A. We found Wetland A to be less than 500 square feet in size and dominated by red-osier dogwood. In addition, we found a BNSF drainage ditch within the north side of the BNSF right-of- way (ROW) extending along the right-of-way's entire QIP property frontage . The ditch drains to a 12-inch storm drain pipe located about 100 feet east of the QIP Property's southeast corner. That storm drain conveys water to the south side of the BNSF right-of- way. We did not observe any other wetlands or water features within 300 feet of the study area boundaries. QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 7 4.0 REGULATORY CONSIDERATIONS Wetlands and streams are protected by Section 404 of the Federal Clean Water Act and other state and local policies and ordinances including City of Renton (2008) municipal code. Regulatory considerations pertinent to wetlands identified within the study area are discussed below; this discussion, however, should not be considered comprehensive. Additional information may be obtained from agencies withjurisdictional responsibility for, or interest in, the site. A brief review of the U.S. Army Corps of Engineers regulations and of the City of Renton municipal code, relative to wetlands and streams, is presented below. 4.1 FEDERAL CLEAN WATER ACT (U.S. ARMY CORPS OF ENGINEERS) Federal law (Section 404 of the Clean Water Act) discourages the discharge of dredged or fill material into the nation's waters, including most wetlands and streams, without a permit from the U.S. Army Corps of Engineers (COE). We note that certain wetlands, including many that are hydrologically isolated from "waters of the United States," may not be regulated by the COE. The COE makes the final determination as to whether an area meets the definition of"waters of the United States" as defined by the federal government (Federal Register 1986:41251) and whether it is under federal jurisdiction. 4.2 CITY OF RENTON The City of Renton municipal code currently regulates wetlands and streams under RMC Chapter 4-3 "Environmental Regulations and Overlay Districts". Alterations of wetlands or streams and their buffers are generally prohibited, except as allowed under certain conditions specified in Chapter 4-3. Chapter 4-3 specifies ratings, buffers, and allowed uses of wetlands and other sensitive areas that are under Renton's jurisdiction. Off-site Wetlands within 300 Feet of the Study Area Based on our March 12, 2008 site investigation, conditions within the off-site Wetland A as identified and described by Henson (2000) (see Section 3.1.4 above) do not appear to have changed. That wetland, which has been severely disturbed by BNSF right-of-way ditch maintenance activities, meets the City ofRenton's three criteria under RMC 4-3- 0SOM.1.a.iii(a) for classification as a Category 3 wetland by virtue of being severely disturbed. RMC 4-3-0SOM.1.a.iii states in relevant part: iii. Category 3: Category 3 wetlands are wetlands which meet one or more of the following criteria: (a) Wetlands that are severely disturbed. Severely disturbed wetlands are wetlands which meet the following criteria: QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 (1) Are characterized by hydrologic isolation, human-related hydrologic alterations such as diking, ditching, channelization and/or outlet modification; and (2) Have soils alterations such as the presence of fill, soil removal and/or compaction of soils; and (3) May have altered vegetation. * * * (Emphasis added.) The first of the three above-listed criteria for a Category 3 severely disturbed wetland is met because the BNSF right-of-way ditch maintenance activities have altered the wetland' s hydrology by causing it to drain to the BNSF drainage ditch (i.e., a wetland outlet modification). The second of the three above-listed criteria is met because the BNSF right-of-way ditch maintenance activities have removed soils from a portion of the wetland while placing fill within other portions of the wetland. The final of the three above-listed criteria is met because the BNSF activities have altered the wetland vegetation community to include non-native, invasive species including reed canarygrass (Phalaris arundinacea) and Himalayan blackberry (Rubus armeiacus). Wetland Buffer Widths The City of Renton determines wetland buffer widths based on wetland category. RMC 4-3-0SOM.6 specifies a 25-foot-wide standard buffer for Category 3 wetlands. 8 QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 5.0 LIMITATIONS We have prepared this report for the exclusive use of Merlino Land Development Co .• Inc., Quarry Industrial Park, LLC, and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from Merlino Land Development Co., Inc. and Quarry Industrial Park, LLC. 9 The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to wetlands, the final determination of their boundaries for regulatory purposes is the responsibility of the various agencies that regulate development activities in wetlands. We cannot guarantee the outcome of such determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies. We warrant that the work performed conforms to standards generally accepted in our field and has been prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponent and their consultants, together with information gathered in the course of the study. No other warranty, expressed or implied, is made. QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 10 6.0 LITERATURE CITED Barghausen Consulting Engineers, Inc. 2004. Habitat/wildlife assessment and stream study report for the "Sunset Bluff' residential subdivision. January 9, 2004 report prepared for SR 900 L.L.C. Cowardin, L., F. Golet, V. Carter, and E. LaRoe. 1992. Classification of wetlands and deepwater habitats of the United States. U.S.D.I. Fish and Wildlife Service Puhl. FWS/OBS-79/31. 103 pp. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineers Waterways Experiment Station, Vicksburg, Mississippi. I 00 pp. Federal Register. 1986. 40 CFR Parts 320 through 330: Regulatory programs of the Corps of Engineers; final rule. Vol. 51. No. 219. pp. 41206-41260, U.S. Government Printing Office, Washington, D.C. Federal Register. 1995. U.S. Department of Agriculture, Soil Conservation Service: Changes in Hydric Soils of the United States. Volume 59, No 133, July 13, 1994. Revised September 15, 1995. Henson, Theresa R., Consulting. 2000. Wetland Delineation -SR 900 L.L.C. Property, Renton, Washington. August 29, 2000 report to SR 900 L.L.C. Hitchcock, C., and A. Cronquist. 1976. Flora of the Pacific Northwest. Univ. of Washington Press, Seattle, Washington. 730 pp. King County. 2008. iMAP -Sensitive Areas map. http://www.metrokc.gov/gis/mapportal/imap main.htm#. Accessed March 25, 2008. Mueller-Dombois, D. and H. Ellenberg. 1974. Aims and methods of vegetation ecology. John Wiley and Sons, New York. 54 7 pp. Munsell Color. 2000. Munsell soil color charts. GretagMacbeth, New Windsor, NY. Pojar, J., and A. MacKinnon. 1994. Plants of the Pacific Northwest Coast, Washington, Oregon, British Columbia, and Alaska. B.C. Ministry of Forests; B.C. Forest Service; Research Program. 527 pp. Reed, P.B., Jr. 1988. National list of plant species that occur in wetlands: Northwest (Region 9). U.S.D.I. Fish and Wildlife Service. Biological Report 88 (26.9). 89pp. QIP and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 Reed, P.B., Jr. 1993. 1993 Supplement to list of plant species that occur in wetlands: Northwest (Region 9). U.S.D.l. Fish and Wildlife Service. Supplement to Biological Report 88 (26.9) May 1988. 11 Renton, City of. 2008. Renton Municipal Code on-line, current through Ordinance 5351 passed February 11, 2008. Title IV, Chapter 3 -Environmental Regulations and Overlay Districts. Accessed March 24, 2008. ' Snyder, D.E., P.S. Gale, and R.F. Pringle. 1973. Soil Survey of King County area, Washington. U.S.D.A. Soil Conservation Service. 100 pp. U.S. Army Corps of Engineers. 1991a. Special notice. Subject: Use of the 1987 wetland delineation manual. U.S. Army Corps of Engineers, Seattle District. August 30, 1991. U.S. Army Corps of Engineers. 1991b. Memorandum. Subject: Questions and answers on the 1987 manual. U.S. Army Corps of Engineers, Washington D.C. October 7, 1991. 7 pp. including cover letter by John P. Studt, Chief, Regulatory Branch. U.S. Army Corps of Engineers. 1992. Memorandum. Subject: Clarification and interpretation of the 1987 methodology. U.S. Army Corps of Engineers, Washington D.C., March 26, 1992. 4 pp. Arthur E. Williams, Major General, U.S.A. Directorate of Civil Works. U.S. Army Corps of Engineers. 1994. Public Notice. Subject: Washington regional guidance on the 1987 wetland delineation manual. May 23, 1994, Seattle District. 8 pp. U.S. Army Corps of Engineers. 2007. Special Public Notice. Final Regional Conditions, 401 Water Quality Conditions, Coastal Zone Management Consistency Responses, for Nationwide Permits for the Seattle District Corps of Engineers for the State of Washington. U.S. Army Corps of Engineers, Seattle District. November 7, 2007. 94 pp. U.S. Fish and Wildlife Service. 2007. Wetlands Online Mapper. http://wetlandsfws.er.usgs.gov/wtlnds/launch.html. Accessed March 25, 2008. U.S.D.A. NRCS. 2007a. Web soil survey for King County, Washington. http://websoilsurvey.nrcs.usda.gov/app/WebSoi!Survey .aspx. Accessed March 25, 2008. U.S.D.A. NRCS. 2007b. Plants Database. http://plants.usda.gov/wetland.html. QIP and Virtu Properties Wet/ and Reconnaissance Raedeke Associates, Inc. February 4, 2009 U.S.D.A. Soil Conservation Service. 1991. Hydric soils of the United States: In cooperation with the National Technical Committee for Hydric Soils. U.S.D.A. Miscellaneous Publication Number 1491. 12 Washington Department of Ecology. 1997. Washington state wetlands identification and delineation manual. Publication No. 96-94. 88 pp. plus appendices. Wentworth, T. and G. Johnson. 1986. Use of vegetation in the designation of wetlands. Final report to USDI Fish and Wildlife Service. North Carolina Agricultural Service and N.C. State University, Raleigh. 107 pp. Q!P and Virtu Properties Wetland Reconnaissance Raedeke Associates, Inc. February 4, 2009 FIGURES ~ 1 - ?; C!S. g -! "' I s· (IQ ~ :I "' ~ 0 ~. g 0 -;, ~ ~ &. ~ Graphics\\2007\2007-002 Quarry Industrial Park\002\Wetland Assessment\Fig I Regional Map.pelf RA/#2007-002-002 Wetland Assessment 03/08 I ( ~·-~.-~~~·-, ( ......... <> .··· .···.·... > . 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Sec Ta ble I for a key to the mapp ing sy mbol s. Legend CONUS_wet_scan .0 0 1 • Out of range /Al' lnt.erstate Major Roads Other Road /Al' Interstate Stato highway ,..v U S highway Road s Cities USGS Quad Index 24K Lower 48 Wetland Polygons IEl Estuarine and Marine Deepwater Et1oarine 111nd Marine Wetland l Freshwater Emergent Wetland g Frtshwater Foreated/Shrub Watland : Freshwater Pond Cl Lake Other ...J Rive rine Lower 48 Available Wetland Data Non-Olgltal Dlgltal No Data Sean NHO Stream s J Counties 100K Cl States 100K o South America o North America H $ Scale: 1 :15,000 I inch = 1,250 feet Grnpllics\\2()()712007-002 Quarry /r..Jus lria/ /':1rk 1002\\V,•1/and Asscs,;mo~rt \Fig 4 So ils NRCS llfop.p<lf RA/112007-1)()2-002 IV,•1/and i\sst·,.,n1<:rrl OJ 0/i i "' ~ ~-., I "' ;? ·~ :r. "' ~ "' 8 ~ "' 555300 ~ 55f!SO() 956800 S57J 00 S,_400 S57700 N A Figure 4. -----======----------=========~Meleoi I 200 800 200 400 0 ----====--------=======Fee l 0 500 1,000 2,000 3,000 ~_fil Natural Resources iilllill Conse,valion Service Web Soil Survey 2 .0 National Cooperat1Ve So il Survey NRCS (2008) Web Soil Survey for the project site. Tu Ur w Wo 56!!!)00 568300 Map Unit Name Beausite gravelly sandy loam. 6 to 15 percent slopes Beausite gravelly sandy loam. 15 to 30 percent slopes Newberg s ilt loam Pits Puget silty clay loam Puyallup fine sandy loam Tukwila muck Urban land Water Woodinville silt loam i "' ~ ~ ., i "' ~ ,, f'; .... , I 8 ~ "' ~ IC "' WETLAND DELINEATION SR 900 L.L.C. PROPERTY Renton, Washington August 29, 2000 SR900, LLC 9125 -10th Avenue South Seattle, Washington 98108 THERESA R. HENSON CONSULTING Assessment, Management and Regulatory Permitting P.O. BOX 7208 TACOMA, WASHINGTON 98406 (253) 756--0370 FAX: (253) 756--0155 H-1051-01 'n I I EXECUTIVE SUMMARY The findings and conclusions presented in this report are based on an interpretation of information currently available to Theresa R. Henson Consulting. This summary is for introductory purposes and should be used only in conjunction with the full text of this report. This wetland delineation was based on the On-Site Determination Method described in the Washington State Wetland Identification and Delineation Manual (1997) and the Corps of Engineers Wetland Delineation Manual (1987). Based on the information derived through site reconnaissance and readily available documents, two wetlands were identified on the site. Wetland A is a 0.006-acre (258-square foot), Palustrine scrub-shrub, seasonally flooded wetland located in the southwest comer of the site. Wetland A extends off-site to the south and is estimated to total 400 square feet in size. Wetland B is a Palustrine scrub-shrub, emergent wetland that has water regimes that vary from seasonally-flooded along the wetland's edges to permanently-flooded near the wetland's center, which is located off-site. The on-site portion of Wetland B is 0. I 4 acres (6,078 square feet) in size. Wetland B extends off of the site and is estimated to total three acres in size. Wetland A is a Category 3 Wetland that is isolated and that has been severely disturbed by the placement of fill along the southern edge for the railroad grade and by the subsequent construction of a ditch in that fill. Wetland A would be classified as a non-regulated wetland in accordance with the City of Renton Wetland Regulations, Title IV, Sections 4-3-105-G. l.b and 4-3-110-1.3 due to it being a Category 3 wetland less than 5,000 square feet in size. A certificate of exemption must be obtained from the City of Renton Department of Planning/Building/Public Works Administrator prior to impacting this Category 3 Wetland by filling, clearing, flooding, or draining. In accordance with Nationwide Permit 39, the U.S. Army Corps of Engineers (the "Corps") must be notified of impacts ,y ) to Wetland A within 30 days of completion of the impact. Wetland B would be classified as a Very High Quality, Category I Wetland using the City of Renton Wetland Regulations, Title IV, Section 4-3-1 10. This wetland meets that classification because it is greater than 2,200 square feet in size and has between 40"/o and 60% permanent open water with two vegetation classes (scrub-shrub and emergent). City of Renton Wetland Regulations currently require a 100-foot buffer between Category I Wetlands and land development activities. Impacts to Wetland B would require permits from the City of Renton, the Corps, and possibly the Washington State Department of Ecology ("Ecology"). The on-site stream would be classified as a Type 4 water under the Washington State Department ofNatural Resources ("DNR") water typing criteria provided in WAC 222-16-030. The DNR water typing criteria are used by the Washington State Department of Fish and Wildlife ("Fish and Wildlife") to classify streams within their jurisdiction. The on-site stream section would be classified as a Type 4 water due to channel widths at the ordinary high water mark being within the 2-to-5-foot range and the very high likelihood that the stream is "not used by significant numbers offish," ifit is used by any fish at all Work within the stream, including crossing the stream, would require a permit from Fish and Wildlife. Section 4-4-I 30.D.4.b of the City of Renton Land Clearing Ordinance requires a 25-foot riparian buffi:r along the stream. Work within the stream and its buffer, including crossing the stream, would require a variance ftom the City ofRentoIL Such variances can be sought pursuant to RMC 4-130.I. Work below the stream's ordinary high water mark would also require a permit from the Corps and possibly a permit from Ecology. I H-1051-01 ) ) TABLE OF CONTENTS Page EXECUTIVE SUMMARY .................................................... i 1.0 INTRODUCTION ...................................................... I I. I Scope of Services .................................................. I 1.2 Site Location and Description ........................................ I 2.0 DOCUMENT REVIEW .................................................. 2 2.1 U.S. Fish and Wildlife Service National Wetland Inventory Map ............... 2 2.2 City of Renton Wetland Inventory ..................................... 2 2.3 Soil Conservation Service Soil Survey of the King Cowity Area ............... 2 3.0 SITE RECONNAISSANCE ............................................... 3 3.1 Site Conditions During Site Visit ...................................... 3 3.2 Topography ...................................................... 3 3.3 Fawia .......................................................... 3 3.4 Vegetation ....................................................... 3 3.5 Soils ............................................................ 4 3.6 Hydrology ....................................................... 4 4.0 WETLAND AREAS ..................................................... 4 5.0 WETLAND FUNCTIONS AND VALUES .................................... 5 5.1 Biologic Functions ................................................. 5 5.2 Hydrologic Functions ............................................... 5 6.0 WETLAND REGULATION ............................................... 6 7.0 CONCLUSIONS ........................................................ 6 8.0 CLOSURE ........................................................... , 7 RE FE REN CES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0 Table No. I 2 LIST OFT ABLES Vegetation Species Identified On the Site Results of the Triple Parameter Approach for Each Data Point u H-1051-01 () ) I ) TABLE OF CONTENTS ( continued) Figure No. l 2 APPENDIX A APPENDIXB APPENDIXC Vicinity Map Site Map LIST OF FIGURES LIST OF APPENDICES WETLAND DELINEATION METHODOLOGY DEFINITION OF PLANT INDICATOR STATUS AND FIELD SHEETS MODIFIED REPPERT WETLAND VALUES EVALUATION SHEET ill H-1051-01 I I() I I ) _) WETLAND DELINEATION REPORT SR 900 L.L.C. RENTON, WASHINGTON 1.0 INTRODUCTION Theresa R. Henson Consulting has completed a wetland delineation for the SR 900 L.L.C. property located south of SR 900 in Section 13, Township 23 North, Range 4 East in Renton, Washington (Figure 1 ). This work was performed to assist in site planning related to future development of the property. I.I Scope of Services The scope of work for this study was limited to the following tasks: • Review of federal, state and local regulations pertaining to the wetlands identified on the subject site. The review was used to classify the on-site wetlands and drainage. • A visual assessment to observe existing site conditions and to identify and flag the wetlands located on the site. This was accomplished using field procedures consistent with the Washington State Wetland Identification and Delineation Manual (1997) and the Corps of Engineers Wetland Delineation Manual (1987) (Appendix A). • A review of documents readily available, including local wetland inventory maps, U.S. Fish and Wildlife Service National Wetland Inventory Maps, and the Soil Conservation Service Soil Survey of the King County Area. • Assessment of the identified wetlands to help determine the overall functions and values of the wetlands. • A report documenting the process, findings, and conclusions for this project. 1.2 Site Location and Description The roughly triangularly-shaped SR 900 L.L.C. parcel contains approximately 26 acres of land and is located south of SR 900 in Section 13, Township 23 North, Range 4 East (Figure 1). Approximately the northwesterly 17.54 acres of the site lies just outside of the Renton city limits while the balance of the site already lies within Renton. (An annexation is currently pending that would bring those 17.54 acres into the City.) The site is a forested parcel of land with steep slopes, a north-south flowing stream located in the eastern third of the site, one regulated wetland located in the southeastern portion of the site, and one non-regulated wetland located in the southwestern portion of the site (Figure 2). The site is bounded along the north by SR 900 (which is called Martin Luther King Jr. Way South along the property's unincorporated King County road frontage and which is called Sunset Boulevard along the property's City of Renton road frontage), along the south 1 H-1051-01 () ) < __ ) by railroad tracks and a wetland, along the east by a stretch of forested land that is part of an existing multi-family residential development called the Sunpointe Townhomes and along the west by the Empire Estates Apartments (abutting the northerly portion of the west boundary) and by the Stoneway Black River Quarry site (abutting the southerly portion of the west boundary). Storm water runoff from SR 900 is discharged onto the site through eight culverts located along the SR 900 road embankment (Figure 2). One of the culverts is a 24-inch diameter pipe that carries water from the north side of SR 900 and discharges it into a channel that (with such water) becomes an on-site stream. The other seven culverts collect storm water from SR 900 and discharge it onto the site. 2.0 DOCUMENT REVIEW 2.1 U.S. Fish and Wildlife Service National Wetland Inventory Map The U.S. Fish and Wildlife Service National Wetland Inventory Map of the Renton, Washington Quadrangle, 1 :24,000 scale (1988), does not identify any wetlands on the subject site. 2.2 City of Renton Wetland Inventory The City of Renton Wetland Inventory (1992) does not identify any wetlands on the sul:!ject site. Wetland W-5c located south of the site is the nearest wetland noted in that Inventory. 2.3 Soil Conservation Service Soil Survey of the King County Area The U.S. Soil Conservation Service Soil Survey (SCS) of the King County Area, Washington (1973) was reviewed to determine the general nature of soils on the subject site. The site is mapped as containing Beausite gravelly sandy loam over a majority of the site and Woodinville silt loam in the southeast portion of the site along the railroad tracks (Figure 3). The following soils infonnation was taken from the. SCS 1973 publication. The Beausite series-is a well-drained soil formed in glacial deposits and contain bedrock at a depth of20 to 40 inches. Typically, the soil is a dark-brown to dark yellowish-brown gravelly sandy loam to a depth of about 19 inches. The lower part of the soil is an olive-brown very gravelly sandy loam underlain by fractured bedrock. Some areas contain up to 20 percent Alderwood soils and Ovall soils, and 5 percent wet Norma and Seattle soils. Beausite soils are not listed by the Washington State and King County SCS as hydric (wetland) soil The Woodinville series is a poorly-drained soil formed in alluvium, typically found in stream bottoms. Typically, the soil is a gray silt loam, silty clay loam, and has layers of peaty muck to a depth of38 inches. Often found in this unit is as much as 15 percent Puget soils, and 10 percent Snohomish, Oridia, Briscot, Puyallup, Newberg and Nooksack soils. The seasonal high water table is at or near the surface. Woodinville silt loam is listed by the Washington State and King County SCS as hydric (wetland) soil. 2 H-1051-01 I (~) ( ) '-- 3.0 SITE RECONNAISSANCE 3.1 Site Conditions During Site Visit On June I'' and 29th, 2000, Ms. Theresa Henson visited the subject site to delineate and evaluate wetlands. The site visits included a visual observation of the subject site and surrounding area. Vegetation, soils, and hydrologic conditions on the site appear to be stable. Two wetlands were identified on the site. Wetland A is a highly-disturbed, small depression (258 square feet onsite ), that has water seeping into it from the wetland's north central boundary. Wetland A extends off-site to the south and is estimated to total 400 square feet in size. Wetland B is a depression that retains water provided by the on-site stream. Water from the stream is trapped along the railroad grade and has formed Wetland B. The on-site portion of Wetland B is approximately 0.14 acres (6,078 square feet) in size. The total size of Wetland Bon and off of the site is approximately three acres. Storm water runoff from SR 900 is discharged onto the site through eight culverts located along the SR 900 road embankment. 3.2 Topography Based on topographic data provided on a December 1999, Barghausen Consulting Engineers, Inc. map, site elevations range from approximately 150 feet in the northern portion of the site to 20 feet in Wetland B located in the southeastern portion of the site. 3.3 Fauna Several species of songbirds were observed on the site. Redtail hawks were seen roosting in trees in the northern portion of the site. Great blue herons were observed flying south of the site. No great blues heron or hawk nests were observed on the site. Evidence of various animal species on the site was also noted. Large rectangular holes (indicative of Pileated woodpecker foraging) in small snags located in the northern and eastern portions of the site were observed. No plant or animal species listed federally or by the state as threatened or endangered were observed on the site. A great blue heron rookery is located approximately 1, I 00 feet south of the site. 3.4 Vegetation Eighteen representative data plots were established to document plant species and dominance of vegetation on the subject property (Figure 2). The vegetative species composition varied from a second growth upland mixed big leaf maple (Acer macrophyllum)lred alder (A/nus rubra) forest with a dense Himalayan blackberry (Rubus discolor) thicket understory in the western portion of the site and a more native sword furn (Po/ystichum munitum), snowberry (Symphoricarpos a/bus), and salal (Gaultheria shat/on) understory in the eastern portion of the site, to the scrub-shrub, emergent wetland (Wetland B) dominated by willow (Salix spp.), red osier dogwood (Cornus stolonifera), sedges (Carex spp.) and rushes (Juncus spp.). The wetland plant communities are predominantly the shrub and emergent areas and the uplands are predominantly composed of the second growth forest. A rew scattered evergreen trees were also observed in the mixed deciduous forest on the site. Data 3 H-1051-01 ( ~) (_) fonns detailing observations for vegetation are included in Appendix B. 3.5 Soils During the site reconnaissance, soil conditions (including color, texture, and relative moisture content) were observed and recorded at eighteen data points on the subject site. The indicators used to identify hydric soils can be found in Appendix A. Soil types observed on the site ranged from sandy loam to silt loam to bedrock. Field sheets detailing observations for soils are included in AppendixB. 3.6 Hydrology Hydro logic conditions, including saturated soils as well as indicators of wetland hydrology as defined by the 1987 and 1997 manuals, were observed at four of the eighteen data plots (Appendix B and Table 2). Generally, the site's wetlands and stream bed contain saturated soils near the surface (within 12 inches) and ponded water. Storm water from SR 900 is discharged onto the site through eight culverts located along the road embankment. Water from seven of these discharges appears to sheet flow down the slope and perk into the well drained soils on the site. Water from one of the culverts (which drains an upstream existing residential neighborhood) discharges into the on-site channel that (with such water) constitutes the site's only stream. Groundwater and surface water on the remainder of the site was not encountered. Water discharging from the site was observed only where the stream flows into Wetland B and off-site to the southeast. 4.0 WETLAND AREAS Based on the use of the triple-parameter approach defined within the 1987 and 1997 manuals, two wetlands were identified on the subject property. Vegetation species were identified and classified with a Wetland Indicator Status (WIS), soil conditions were identified and labeled, and observations ofhydrologic conditions were made at eighteen data points on the site. The wetlands were classified as such because all three wetland parameters were present (Table 2). According to the classification system developed by the U.S. Fish and Wildlife Service (Cowardin et al., 1979), the wetland habitats on the site would be classified as Palustrine scrub-shrub for Wetland A, and Palustrine scrub-shrub, emergent communities with an open water component for Wetland B. Dominant vegetation within Wetland A is comprised of red osier dogwood, and giant horsetail (Equisetum telmatiea). Dominant vegetation within Wetland Bis comprised of willow, red osier dogwood, sedges, and rushes. The upland boundaries ofboth wetlands contain a railroad grade along the southern boundaries and a mixed big leaf maple/red alder forest with a shrub layer dominated by sword furn, snowberry, salal, red elderberry, Indian plum, and Himalayan blackberry along the north, east and west boundaries. Soils in the wetlands were dark silt loams with sandy lenses indicative of hydric (wetland) soil conditions. 4 H-1051-01 'n I I () C_J Wetland A has a seep that continuously saturates the soils within the central portion of the wetland. The east and west ends of Wetland A did not contain saturated or flooded soils during the site visit but evidence of flooding at least six inches deep included debris lines in the shrubs and water marks. During the June site visits at least 60 percent of Wetland B contained ponded water from one-inch to 48 inches deep. The edges of Wetland B contained saturated soils and the areas nearer the wetland/upland edge showed signs of flooding ( debris lines in the shrubs and water marks) up to two feet deep. A stream enters the northwest comer ofWetland B. During the June 1" site visit water was flowing from the stream into the wetland. During the June 29th site visit the stream contained saturated soils in the lower channel but had no flowing water. 5.0 WETLAND FUNCTIONS AND V ALOES A Modified Reppert Wetland Values Evaluation form was completed for the project (Appendix C). The general biologic and hydro logic functions of Wetlands A and B are described below. 5.1 Biologic Functions Wetland A generally has moderate to low biologic functions. The general habitat contains shrub vegetation. It does not contain habitat features such as logs or snags. Birds and small mammals most likely use the wetland. Shrub cover is too dense for water fowl and heron use. Wetland B provides generally moderate to high biologic functions. The general habitat contains shrub and emergent plant communities with open water, downed logs, snags, and the railroad embankment with vegetative cover. Although Wetland B is approximately 1,200 feet northeast of a great blue heron rookery, other larger systems (such as Lake Washington, the P-1 Pond and Springbrook Creek) provide more diverse foraging areas. This wetland has some limitations to biologic functions due to its small size (approximately 3 acres) and proximity to the nearby railroad grade. 5.2 Hydrologic Functions Wetland A provides low hydrologic functions. In general Wetland A is an isolated depression with a seep that discharges water into the system. Wetland A would store a modest volume of storm water runoff from the railroad ditch if the ditch reaches capacity and overflows in a large storm event. Wetland B provides moderate hydrologic functions. In general, the system is a seasonally to permanently-flooded wetland that is approximately three acres in size and has no known outlet. Wetland B does retain surfuce water runoff from the intermittent stream that discharges into the wetland and from the surrounding hillside during flood events. Wetland B does receive local runoff from non-point sources such as roads and the railroad grade, and the wetland structure of shrub and emergent vegetation provides water purification functions. 5 H-1051-01 I I() I I ( ) ( _ _) 6.0 WETLAND REGULATION Wetland A is an isolated, Category 3 Wetland that has been severely disturbed by the placement of fill along the southern edge for the railroad grade and by the subsequent construction of a ditch in the fill Wetland A would be classified as a non-regulated wetland in accordance with the City of Renton (Renton) Wetland Regulations, Title IV, Sections 4-3-105-G.l.b and 4-3-110-I.3 due to it being a Category 3 wetland less than 5,000 square feet in size. A certificate of exemption must be obtained from Renton's Department of Planning/Building/Public Works Administrator prior to impacting this Category 3 Wetland by filling, clearing, flooding or draining. In accordance with Nationwide Permit 39, the U.S. Army Corps ofEngineers (the "Corps'') must be notified of such impacts to Wetland A within 30 days of completion of the impact. Wetland B would be classified as a Very High Quality, Category I Wetland using the Renton Wetland Regulations, Title IV, Section 4-3-110. Wetland B would meet this classification because it is greater than 2,200 square feet in size and has between 40% and 60% permanent open water with two vegetation classes (scrub-shrub and emergent). Renton Wetland Regulations currently require a 100- foot buffer between Category I Wetlands and land development activities. Impacts to Wetland B would require permits from Renton, the Corps and possibly the Washington State Department of Ecology ("Ecology"). The on-site stream would be classified as a Type 4 water using the Washington State Department of Natural Resources (DNR) water typing criteria as provided in WAC 222-16-030. The DNR water typing criteria are used by the Washington State Department of Fish and Wildlife ("Fish and Wildlife") to classify streams within its jurisdiction. The on-site stream section would be classified as a Type 4 water due to channel widths at the ordinary high water mark being within the 2-to-5-foot range and the very high likelihood that the stream is "not used by significant numbers offish," ifit is used by any fish at all Because the lower portion of the stream channel has a slope of approximately 20 percent and the wetland that the stream discharges into does not have a connection to other streams or the P-1 Channe~ it would be extremely unlikely that any fish would be found within the stream. Work within the stream, including crossing the stream, would require a permit from Fish and Wildlife. Section 4-4-130.D.4.b of the City of Renton Land Clearing Ordinance requires a 25-fuot riparian buffer along the stream. Work within the stream and its buffer, including ems.sing the stream, would require a variance from the City of Renton. Such variances can be sought pursuant to RMC 4-130.1. Work below the stream's ordinary high water mark would also require a permit from the Corps and possibly a permit from Ecology. 7.0 CONCLUSIONS Based on the 1987 and 1997 manuals, vegetation, soils, and hydrologic conditions necessary for an area to be considered wetland were found on the site. Two wetlands were identified, Wetland A in the southwest comer of the site and Wetland Bin the southeast comer of the site. Wetland A is an isolated, Category 3 Wetland that has been severely disturbed. Wetland A would be classified as a non-regulated wetland in accordance with Renton Wetland Regulations, Title IV, Sections 4-3-105- 6 H-1051-01 t _) Glb and 4-3-110-13 due to it being a Category 3 Wetland less than 5,000 square feet in size. A certificate of exemption must be obtained from Renton's Department of Planning/Building/Public Works Administrator prior to impacting this Category 3 Wetland. In accordance with Nationwide Permit 39, the Corps must be notified of impacts to Wetland A within 30 days of completion of the impact. Wetland B would be classified as a Very High Quality, Category l Wetland. This wetland meets this classification because it is greater than 2,200 square feet in size and has between 40% and 60% pennanent open water with two vegetation classes (scrub-shrub and emergent). Renton Wetland Regulations currently require a l 00-foot buffer between Category l Wetlands and land development activities. Impacts including clearing, filling, flooding and/or draining Wetland B would require permits from Renton, the Corps, and possibly Ecology. The on-site stream would be classified as a Type 4 water due to channel widths at the ordinary high water mark being within the 2-to-S-foot range and the very high likelihood that the stream is "not used by significant numbers offish," ifit is used by any fish at all. Section 4-4-130.D.4.b of the City ofRenton Land Clearing Ordinance requires a 25-foot riparian buffer along the stream. Impacts to the stream, including crossing the stream, would require permits and approvals from Fish and Wildlife, and Renton. Impacts below the ordinary high water mark would also require a pennit from the Corps and possibly a permit from Ecology. 8.0 CLOSURE The :findings and conclusions documented in this report have been prepared fur specific application to this site. They have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area. Our work was also performed in accordance with the terms and conditions set forth in our proposal dated May 12, 2000. The conclusions and recommendations presented in this report are professional opinions based on an interpretation of information currently available to us and are made within the operation scope, budget, and schedule of this project. No warranty, expressed or implied, is made. Wetland boundaries identified by Theresa R. Henson Consulting are considered preliminary until the flagged wetland boundaries are validated by the Corps and/or the local jurisdictional agency. Validation of the wetland boundaries by the regulating agencie(s) provides a certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agencie(s) until a specific date or until the regulations are modified. Only the regulating agencie(s) can provide this certification. Since wetlands are dynamic communities affected by both natural and human activities, changes in wetland boundaries may be expected; therefore, wetland delineations cannot remain valid for an indefinite period of time. Renton currently recognizes the validity of wetland delineations fur a period of two years after completion of a wetland delineation report. Development activities on a site two 7 H-1051-01 I() I {,_) years after the completion of this wetland delineation report may require revision of the wetland delineation. In addition, changes in government codes, regulations, or laws may occur. Because of such changes, our observations and conclusions applicable to this site may need to be revised wholly or in part. THERESA R. HENSON CONSULTING Theresa R Henson Natural Resource Ecologist HI05LOLRPT 8 H-1051-01 I ·'\ ( } I ) ) REFERENCES Cowardin, L.M., V. Carter, F.C.Golet, and E.T. LaRoe, 1979, Classification of Wetlands and Deepwater Habitats of the United States, U.S. Fish and Wildlife Service Publication FSW/OSB-79/31. Environmental Laboratory, 1987, Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1, U.S. Anny Waterways Experiment Station, Vicksburg, Mississippi Hitchcock, C., and Cronquist, Arthur, 1990, Flora of the Pacific Northwest, University of Washington Press, Seattle, Washington. Munsell Soil Color Chart, 1994, Rev. ed.: Baltimore, Maryland, Kollmorgen Instruments Corporation Reed, P.B., Jr., 1988, National List of Plant Species that Occur in Wetlands: Northwest (Region 9), U.S. Fish and Wildlife Service Biological Report 88 (26.9). Renton, 1995, Title IV, 4-3-110 Wetland Regulations, Renton, Washington. Reppert, R. T., W. Sigleo, E. Stakhiv, L. Messman, and C. Beyers, 1979, Wetland Values Concepts and Methods fur Wetland Evaluations: U.S. Army Corps of Engineers, Institute for Water Resources, Fort Belvoir, Virginia. U.S. Department of Agriculture, Soil Conservation Service, 1973, Soil Survey of the King County Area, Washington. U.S. Fish and Wildlife Service, 1988, National Wetland Inventory Map, Renton, Quadrangle, Washington. Washington State Department of Ecology, 1997, Washington State Wetland Identification and Delineation Manual, Publication #96-94. 10 H-1051-01 TABLE 1 VEGETATION SPECIES IDENTIFIED ON THE SITE TREES BigleafMaple Acer macrophyllum Black Cottonwood Populus trichocarpa Douglas Fir Pseudotsuga menziesii Oregon Ash Fraxinus latifolia Red Alder Alnusrubra Western Red Cedar Thufa plicata Willow Salixspp. SHRUBS Bracken Fem Pteridium aquilinum Dewberry Rubus ursinus Douglas Spiraea Spiraea douglasii ) Elderberry Sambucus racemosa Hazelnut Cory/us cornuta Himalayan Blackberry Rubus discolor Holly flex aquifolium Indian Plum Oemleria cerasiformis Nightshade Solanum dulcamara Oceanspray Holodiscus discolor Oregon Grape Mahonia nervosa Red Osier Dogwood Cornus stolonifera Sala! Gaultheria shallon Salmonberry Rubus spectabilis Snowberry Symphoricarpos a/bus Stinging Nettle Urtica dioica ) H-1051-01 ) ) Sword Fem Polystichum munitum Thimbleberry Rubus parviflorns HERBS Bedstraw Galium triflorum English Ivy Hedera helix Giant Horsetail Equisetum telmatiea Licorice Fem Polypodium glycyrrhiza Knotweed Polygonum persicaria Sedge Carexspp. Soft Rush Juncus ejfusus Stinging Nettle Urtica dioica Youth-On-Age Tolmiea menziesii AQUATIC Duckweed Lamnaminor Note: This listing represents the major plant species identified. There may be other species present on within the subject site that are not listed. H-1051-01 ) ) TABLE2 RESULTS OF THE TRIPLE-PARAMETER APPROACH FOR EACH DATA POINT Wetland Wetland Wetland Data Point Vegetation Hydric Soils Hydrology Determination l No No No Non-wetland 2 No No No Non-wetland 3 No No Yes Non-wetland 4 No No No Non-wetland 5 No No No Non-wetland 6 No No No Non-wetland 7 Yes Yes Yes Wetland 8 Yes Yes Yes Wetland 9 No No No Non-wetland 10 No No No Non-wetland 11 No No No Non-wetland 12 No No No Non-wetland 13 No No No Non-wetland 14 No No No Non-wetland 15 Yes Yes Yes Wetland 16 Yes Yes Yes Wetland 17 No No No Non-wetland 18 No No No Non-wetland H-1051-01 ' C) ~-· N Approximate Scale I inch to 400 feet A Merlino SR 900 Renton, Washington VICINITY MAP RN. July 2000 H-1051.01 Theresa R. Henson Consulting FIG. 1 ---... Regulalo,yl'emmlm8 ;R-S__QQ_ 1.4'.RT 11!_.!,_l/T~ K]~_o!___R 100 50 0 ..,,~ McmooSll.iOO Rmron,Waabillgtoa SITE MAP H,!-051-01 -----Theresa R. fft:nsoP CO!ISllltingl FIG. l ......... -arl.u.Yaml s.-t>wu~- ~ N ~ mo 200 ,00 SCALE IN f'E£T L ~ RINGEL & ASSOCIATES ~ RLS ID. /J988 WA. #23613 MT. #7917 I P.O. BOX 742 CASCADE, IDAHO 83611 (208) 382-4230 SR 900 LLC. PROPERlY RENTON, WASHINGTON JOB NO. MC00008 I DATE: 7 /25/00 I PAGE 1 Of 1 APPENDIX A WETLAND DELINEATION METHODOLOGY I ' ,_) I H-1051-01 { ) APPENDIX A WETLAND DELINEATION METHODS The triple parameter approach of the Washington State Wetland Identification and Delineation Manual (1997) and the Corps of Engineers Wetland Delineation Manual (1987) was used to delineate the extent of wetlands on the site. Under this methodology, vegetation, soils, and hydrology are each evaluated to determine the presence or absence of wetlands. Based on the use of this method, an area is considered to be a wetland if each of the following are met: ( 1) dominant hydrophytic vegetation is present in the area, (2) the soils in the area are hydric, and (3) the necessary hydrologic conditions within the area are met. The Routine On-Site Determination Method was used for the evaluation of triple parameter criteria for this project. This methodology was selected because ditlerences in vegetation types were easily observed, aiding in the identification of areas likely to meet the hydrology and soils criteria ofthis approach. Wetland boundaries were determined by conducting a walking inspection of the property. As part of this inspection, species of vegetation, soil conditions, and hydrologic conditions were noted at several data plots to more accurately determine the boundaries of on-site wetlands. Wetland Vegetation Hydrophytic plants are plants specially adapted for saturated and/or anaerobic conditions. The U.S. Army Corps ofEngineers and the U.S. Fish and Wildlife Service has assigned an indicator status to many plant species that is based upon the estimated probability of the species existing under wetland conditions. Plants are categorized as Obligate (OBL), Facultative Wetland (FACW), Facultative (FAC), Facultative Upland (FACU), and Upland (UPL). Species with an indicator status ofOBL, FACW, or FAC are considered to be adapted to saturated and/or anaerobic (i.e., wetland) conditions and are referred to as hydrophytic vegetation (Appendix B). Trees and shrubs within a 30-fuot radius and herbs within a 5-foot radius of each data plot were identified and noted. The approximate percentage of cover for each of the different plant species occurring within the tree, shrub, and herb strata was determined. Dominant plant species are considered to be those that, when cumulatively totaled in descending order of abundance, exceed 50 percent of the areal cover fur each vegetative stratum. Any additional species individually representing 20 percent or greater of the total areal cover for each vegetative stratum are also considered dominant. The indicator status of the dominant plant species within each of the vegetative strata are used to determine the presence ofhydrophytic vegetation near each data plot. A data plot was considered to have hydrophytic vegetation if greater than 50 percent of the dominant plant species within the area had an indicator status ofOBL, FACW, or FAC. Hydric Soils Hydric soils are defined as those soils which are saturated, flooded, or ponded long enough during A-1 H-1051-01 I (y I ( ) ( ) the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. As a result of anaerobic conditions, hydric soils exhibit characteristics directly observable in the field, including high organic matter content, greenish or bluish grey color (gley formation), accumulation of sulfidic material, spots of orange or yellow color (mottling), and dark soil colors (low chromas). lbroughout a large portion of the area delineated as wetland, identification ofhydric soils was aided through observation of surface hydrologic characteristics and indicators of wetland hydrology (i.e., drainage patterns). The areal extent ofhydric soils was defined through direct soil observation within several data plots placed both inside and outside the wetland. Soil observations were completed within soil data plots dug with a shovel to a depth of at least 16 inches below the existing gronnd surface. Soil samples were examined for the presence ofhydric indicators. Soil organic content was estimated visually and textually. The presence of sulfidic material was determined by the presence of sulfide gases (i.e., a "rotten egg" odor). Soil colors were recorded after being determined through use of the three aspects of color in the Munsell Soil Color Chart: hue, value and chroma (e.g., a soil designated as 10YR6/2hasahue oflOYR, a value of 6, achromaof2, and a soil color name of light brownish gray). A soil chroma of two in combination with soil mottling or a soil chroma of one without soil mottling typically indicates a hydric soil. Wetland Hydrology Hydrologic conditions identifying wetland characteristics occur during those periods when the soils are inundated permanently or periodically, or the soil is continuously saturated to the surface for sufficient duration to develop hydric soils and support vegetation typically adapted for lifu in periodically anaerobic conditions. Research has indicated that duration of soil saturation and inundation during the growing season is more influential on the plant community than the frequency of soil saturation and inundation during the growing season. For the purposes of this wetland delineation. the wetland hydrology criterion was considered to be satisfied ifit appeared that wetland hydrology was present for at least 5 to 12 percent (12 to 29 days) of the growing season. The growing season begins when the soil reaches a temperature of 41 degrees Fahrenheit in the zone of root penetration The hydrology was evaluated by direct visual observation of surface inundation or soil saturation within 16 inches below the existing ground surface in data plots. According the 1987 Manual, "for soil saturation to impact vegetation. it must occur within a major portion of the root zone ( usually within 12 inches of the surface) of the prevalent vegetation" Therefore, if saturated soils or indicators were observed within 12 inches of the surface, positive indicators of wetland hydrology were noted. The area near each data plot was also examined for indicators of wetland hydrology. These indicators include dried water marks, drift lines, sediment deposits, and drainage patterns. It was not possible to observe conditions during the entire growing season. Areas where positive indicators of hydrology were noted were assumed to contain wetland hydrology. A-2 H-1051-01 I i-) I APPENDIX B DEFINITION OF PLANT INDICATOR STATUS AND FIELD DATA FORMS H-1051-01 () APPENDIXB DEFINITION OF PLANT INDICATOR STATUS AND DATA FORMS Indicator Category OBL FACW FAC FACU UPL NI Source: Definitions Obligate Wetland. Occurs almost always (estimated probability >99"/o) under natural conditions in wetlands. Facultative Wetland. Usually occurs in wetlands (estimated probability 67- 99% ), but occasionally found in uplands. Facultative. Equally likely to occur in wetlands or uplands ( estimated probability 34-66%). Facultative Upland. Usually occurs in uplands (estimated probability 67- 99%), but is occasionally found in wetlands (estimated probability 1-33%). Obligate Upland. Occ\lfS in wetlands in other regions (as defined in the National List of Scientific Plant Names), but occurs almost always ( estimated probability >99%) under natural conditions in uplands in the region specified. No Indicator. These species have not been given an indicator status. They are assumed to be upland. NatioTUil List of Plants That Occur In Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service Biological Report 88 (26.9). 89 pp. H-1051-01 Data Point: _I_ of _j§I () DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: SR "l oz, Date: ,_ 1-00 Applicant/Owner: me,....1:"'o City: Be o:l:al'.I lnvestia~tor: !R 1-1 Job IL tf..-1051-o l County: !!:;O~ i> State: l.&lA Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes ar · · """lain on reverse.) VEGETAUON Domimult Plant S~i§ Stratum '!!I Cov1:r InditiUQr Jlgmi oam Plant Sneci'5 Stratum '!'. Cover Indicator I. ~"'-b".S cl, ·s <o /o'--.Sli -149 !=IJc. u.. I. ------ 2. s'l"'Plle,..; c""'"t'f __ ----2. -----3. .._ 11, "-S _..2b. ~ ..E.b:_LU.. 3. ------4. d Ct!T" fl'lu.roflt~//'411'\ T ~ Fil<-µ_ 4. ------5. ------5. ------6. ------6. ------7. ------7. ------8. 8. ) Percent of Dominant Species that are OBL, t.6 FACWorFAC FAC-). *-Dominant 5nP10ies. Cowardin Classification: /JO (I -l,<J'e. 'f-1 Cl. /'1. .:i • Remarks: HYDROLOGY ~ Data (Describe in Remarks): Wetland Hydrology Indicators µc,Vl{_ _ Stream, Lake, or Tide Gage _-A:erial Photograph _ t Inundated _Other -,... Saturated in Upper 12 Inches _ No Recorded Data Available -Water Marks -Water Lines Field Observations: fJ c)r/LL -· Sediment Deposits -Drainage Patterns in Wetlands -Oxidized Root Channels in Upper Depth of Surface Water: ±(in.) 12 Inches Depth to Free Water in Pit: (in.) -J Water-Stained Leaves Depth to Saturated Soil: (in.) _ Local Soil Survey Data , Other "'=lain in Rematks) Remarla;: Data Point: _l_ of .J.i () SOILS Map Unit Name: Ge .. !:!.~;-t-e Drainage Class: Idle ll d. tr!. ; :!l.lZ d ,)( f tl.l , h rc.p+s Field Observations (!i) Taxonomy (Subgroup): 11 '1 N r-: r.. Confirm Mapped Type? No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) lMnngll Moist} (M1msell Moist) Abundance/Contrast Rhizospheres etc o-;l /D'{ e. Pf I ,J<IVl.l._. S.'lt /oo-W\ ,__ g I O'tfl3j3 ~~ ~tg,IH.t!~ Sa.n~ (o._m g -".21> 101f ':1.LY NII (\J_ @s ,a. !ILi ( ~ ~ rt !I~ loa. '((I j -- -- -- Hydric Soil Indicators: ,Jp-(1.L ) _,_ Histosol _ c Concretions -Histic Epipedon -High Organic Content in Surface Layer -Sulfidic Odor -Organic Streaking -Probable Aquic Moistnre Regime -c Listed on Local Hydric Soils List -Reducing Conditions _ ~ Listed on National Hydric Soils List -Gleyed or Low-Chroma Colors _ '-Other (Explain in Remarks) Remarks: WETI,AND DETERMINATION Hydrophytic Vegetation Present? Yes -~ Yes@ Hydric Soils Present? Yes Is this Data Point Within a Wetland? Wetland H•,.....lo-· Present? Yes ~ Remarks: L_ ) 2-99/DATAFRM/l'RH-ah Data Point: .2__ of J.8 (~) DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: SR. jOO Date: ,-1-oD Applicant/Owner: (YI e r-1,·(l o City: f C fl '1-t, 0 Investiirator: Tg, '.ti ll!l! tt; 11. -1051-0 \ County: e~ I State: Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes <If needed exolain cm reverse.) VEGETATION I!!lmi!llll!I fla!!l Sjl!:!;il:l! Stratum % Covi:r Indicator Dominant :eiam SnPr.t§ Stratum %Cover IndigitQ[ I. 'R'.11.},11, $i JI! <O (,> r-~}\ _.l!..P -1:::8.fU.. 1. ------2. (.>,.H;L!,. d;c,i cu--2b ----3.9 /=AL 2. ------ 3. A,ct l"/<H'"l'h~ 11 .. !!LI. ~ ~u.. 3. ------ 4 . .i:ln1.1 ~ tu.. bf"&. _I. g_o F<I\ C. 4. ------ 5. It !j I,"~ u.rslnus ~ _&Q_ ;,Jr 5. ------ 6. ------6. ------ 7. ------7. ------ 8. 8. ) Percent of Dominant Species that are OBL, 9.0?.-FACWorFAC (exc:entFAC-). *-Dominant saecies. Cowardin Classification: >J 12 (\ -u.J e. +l ..._ (\ cl. Remarks: HYDROLOGY ~Recorded Data (Describe in Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gage "'Aerial Photograph _ Inundated _Other _ Saturated in Upper 12 Inches _ No Recorded Data Available _ WaterMarks -Water Lines -Sediment Deposits Field Observations: fJot/\.L ?Drainage Patterns in Wetlands _ Oxidized Root Channels in Upper Depth of Surface Water: ==E= (in.) 12 Inches Depth to Free Water in Pit: (in.) -Water-Stained Leaves Depth to Saturated Soil: (in.) _ Local Soil Survey Data Other . in Remarl<s) Remarks: Te5'1--Ji..,/e ..lu'3 ;"-a... sho.1/tJw b n,,.._,A:\.1 .. ) Data Point: Z_ of JB I I() DATAFOkM ROUTINE WETLAND DETERMINATION I Project/Site: SR. 900 Date: ,-1-oc> Applicant/Owner: f'fl e r-i,· (I o City: fi: C fl '1-o 0 lnvestimrtor: TR.H Job#; /:1_-loSl-o\ County: e~ I State: Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes nf need"" """lain on reverse.) VEGETATION Dominagl flBDt Sne.cies Stratum ~Cmr Inl!i!.i!tw: ]lgmir.u101 Plant s~~ Stratum %Com Indigl!!I I. ~!!.hi!.' J. .. ,r <c) (c> .. ____£)\ ---1!..P ..};lJs_u.. I. ------2. L,\.H; ~!. .l.;oi co-_.2b -39 f=A'-2. ------ 3. her M"""fh~ 11 ..... T" ~ ~u. 3. ------4.4:lnu<. r ... b,,,_ __r_ Q.o Ft'I c. 4. ------ 5. «.111 .... , 1..1.rsil'\uS 211 ___&Q_ J:tl r 5. ------6. ------6. ------ I 7. ------7. ------8. 8. I ' ) Percent of Dominant Species that are OBL, '-\O ? .... FACWorFAC <exrff>d FAC-l. *-Dominant S"""ies. Cowanlin Classification: JJof\ -u.Je.+l.._t\.J. I Remarks: HYDROLOGY ~Recorded Data (Describe in Remarks): Wetland Hydrology Indicatorn _ Stream, Lake, or Tide Gage "'Aerial Photograph -Inundated -Other _ Sallo'ated in Upper 12 Inches -No Recorded Data Available -Water Marks _ Water Lines Field Observations: fJotA.L _ Sediment Deposits ?Drainage Patterns in WeUands _ Oxidiz.ed Root Channels in Upper Depth of Surface Water: '=E. (in.) 12 Inches Depth to Free Water in Pit: (in.) -Water-Stained Leaves Depth to Saturated Soil: (in.) _ Local Soil Survey Data Other "'-lain in Remarks) Remarks: 7e5'1--J..,Je. .Juc., i11. A.. sho.l/ow h o,,,_.!:\J ., L__) {) ) L J Data Point: _1.of _jfy SOILS Map Unit Name: Be-co.4.s; ~ Drainage Class: We II d f'C'.i (\4 J Taxonomy (Subgroup): "Drs:-1,; L )( t! to d, l'I! pi-.s Field Observations ~ Confirm Mapped Type? No Profile DescriptioD" Depth Matrix Color Mottle Colors (inches) (Munsell M!!i§!) (Munsell MQifil.} o-~ /0':.J.£3// A)<l"l'U_ 1..(-"· /0 'IR. 3/a.. N&'IIL --• "-!lo to 'f £ 'f/3 N" i\.Q._ -- -- -- Hydric Soil Indicators: f,) "Y\.L -Histosol -Histic Epipedon -_ Sulfidic Odor -_ Probable Aquic Moistore Regime -_ Reducing Conditions _.,, Gleyed or Low-Chroma Colors Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Hydric Soils Present? Wetland drolo Present? Remarks: 2-99/DAT A.FRMffRH-trh Yes Yes Yes Mottle Texture, Concretions, Ah!11!dance/Contr;w Rhi7.0snheres, m;. s ilr ID tA.tvl w/S<4."4 /ellS"-S , gl'!lLve.lt\\ ~o,.rl~ (OaJVl jo,.t.~I! ~ $tA..rtd'j /Oc,.""1 _ _ Concretions __ High Organic Content in Surface Layer ,... Organic Streaking . ,... Listed on Local Hydric Soils List ,... Listed on National Hydric Soils List ,... Other (Explain in Remarks) Is this Data Point Within a Wetland? Yes @ () ) Data Point: __3_ of /G DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: SR 'qf)l) Date: ,-1-00 Applicant/Owner: City: ~ el]'h>l'I Investi<>ator: wer-lilllll Tf. lob Ii: ti -1os1-01 County: k,(!~ <&) State: tcLA Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: ®'9 ITfneeded, e,rnJain on reverse.) VEGETATION elf It f o.~r r-o.;l\..(<.L\\, Dominant Plant Snecies Stratum 9t12 Cover !mli!o!!Qr Dominant Plant Snecies Strat11m 'l1,Cov~ mdikiilm: I. 811,b,H ,l,,'scolor ~ ~ ~LA.._ I. ------ 2. sl ... ,-.,;,.,,e•s-a\lli_!h ~ FA<-o.>,.. 2. ------3.&A):,.us i'"'"~:.(1o,~~ _.ag (;ft CIA. 3. ------4.&,u· Mu r•pli V llil.llLT _/4.0 /:'Jilt:" 4. ------ 5. ------s. ------ 6. ------6. ------ 7. ------7. ------ 8. 8. Percent of Dominant Species that are OBL, o{ f ACW or F AC (exrent F AC·). *-Dominant soecies. Cowardin Classification: I.lo~ -W ett o..11 d Remarl<s: HYDROLOGY _::("Recorded Data (Describe in Remarks): Wetland Hydrology Indicators Arli,(.'c/11-I Wo..'ft.r- S'".Pi.A. ,c I! • _ Stream, Lake, or Tide Gage .l!'Aerial Photograph _Other -No Recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: Remarks: (t.,..: ... e! il,.i. ,.· i..t h .. {.Jt'e"' ' °" ,t{,.: ~"''"'I'; .. ,. s """"' _ Inundated /Jo J,:+ck _ Saturated in Upper 12 Inches -Water Marks 0 ,-~ .. OS ;dw _ Water Lines p ....• , ... ~,,., . _ Sediment Deposits _ Drainage Patterns in Wetlands _ Oxidized Root Channels in Upper (in.) 12 Inches (in.) Water-Stained Leaves -v (in.) _ Local Soil Survey Data Other /Exnlain in Remarks) So... 'h.l. ro.. ~ J o.. 'I-Su-r'fa.c.e. -be(ow Lf ,, rn.ois + ".,.,. we.+-. lo CA..°f.e.J "''I 50:I $ WC~ 19 '' c11. lcx.r-t. f to\J: i! r cl ~IAr f'ocd W&-lel" ........ o'/t. fr,,r.. s~ .. foo (r, .. J). 10' Jow\l\ ti: II ~ ;cit 5,._,.('4 <!! WO..,..._,._ {:./o~d. 'I--u.Jit I ~ d ..U. () {~) I Io Data Point 3.. of _lB SOILS Map Unit Name: R.-"-1.t.S ;+-t.. Drainage Cluss: lt.le II 'D 0:,., i '{\I. .,) Taxonomy (Subgroup): D~s±,..: t.. :l{~toc..lt kf+s Field Observations @ Confirm Mapped Type? No Profile Description· Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) (Mnozll MQisl (Munsell MQi60 Abundance/Contrast Rhizosnll!:m§ el!; o-~ lO'iRY/ rJ,>y,J_ s ,· Ii-lo ... !!3 !l.-10 10 '-f R '-//3 /.),1~ ~('a..lJ'l:,I\~ ~Olrlcb }OQ.rt7 10-2.0 /O"j_~ 'i.LLf Pt2t!& 3ra_ve..ll~ S" a.nc\.~ loa.n, -- -- -- -- Hydric Soil Indicators: IUOl'lt __ Histosol _/Concretions -Histic Epipedon -High Organic Content in Surface Layer -Sulfidic Odor -Organic Streaking -Probable Aquic Moisture Regime -_ Listed on Local Hydric Soils List -_ Reducing Conditions -_ Listed on National Hydric Soils List -Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes @ Yes(;} Hydric Soils Present? Yes ~ ls this Data Point Within a Wetland? Wetland Hvdrolo!!V Present? J"lls>i 0 -Remarks: 2-99/DATAFRM/111H-uh I '() I ) Data Point !:/___ of J__$ DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: S ~ Applicant/Owner: --,-..L:.1.s..1.:..u..L?..>"'--------,--------,- lnvesti or: 'T It Date: 6-/-0D City: f e II itllll County: /c. , ',t ~ Have vegetation, soils, or hydrology been disturbed: Yes @ Is the area a potential Problem Area: Yes Q§) State: wA lain on reverse. VEGETATION llomiDIDI aant Sne.cies Strat11m %Cm'tr Indir-atQr Domjnanl £1ant SnPr.i'5 Stratum %Cmi:er lDdi~r L E"-~"'S A Jf color _n __!fo Fl"icu. I. ------2.i ... 1i .. s urs; .... s_g So ~ 2. ------3. A, er ma.u"l'J.,'fl/«.., T ,o Etk_U. 3. ------4. Helo~;,..._$ J,.,~,.1or :<.J, ....JtQ. .£.:tJ.£. v... 4 . ------s. ------5. ------6. -----6. ------7. ------7. ------8. 8. Percent of Dominant Species that are 0BL, m FACW orFAC '------FAc.). *-Dominant =ies. Cowardin Classification: lvoYI -w~ 't-1 a.111-' Remarl<s: HYDROLOGY _ ..,.furded Data (Describe in Remarlcs): Wetland Hydrology Indicators ND~ _ Stream, Lake, or Tide Gage i/ Aerial Photograph _ L Inundated _Other _ _ Saturated in Upper 12 Inches -No Recorded Data Available __ Water Marks . ._ Water Lines µ cl\.\.Q_ ~ Sediment Deposits Field Observations: . _ Drainage Patterns in Wetlands Depth of Surface Water: _ 1-Oxidiz,ed Root Channels in Upper ~(in.) 12 Inches Depth to Free Water in Pit: (in.) -Water-Stained Leaves Depth to saturated Soil: (in.) ,__ Local Soil Survey Data Other• · ·n in Remarks) Remarks: ) {----~ ,~_) Data Point: :i_ of J.f3 SOILS Map Unit Name: \,e "'u.s:+ "-Drainage Class: i..,I!. I\ c\ tg. ; vl.L.b D~ s+r-;L 'te roc.k~pi-.s Field Observations G Taxonomy (Subgroup): Confirm Mapped Type? No Profile Description· Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inchesl lM:un~U MoiS} !MWl&i:11 MQisl] Abn1danceJC.QD1rast Bbiramheres, etc, o -I I ov I< "Z./ I No,At__ s;A;-loo.wz - ' ) -l'J.. /0\( /?. 'f /3 ,-Jc::, v<e, 3 l'lll. UC ll 't. S,.tl'? cl~ lo...111 11..-.2D ID'I ~ '-{f L/ .Nu..u... ~ r.;.t. ~, '.:1 <; a. ,..,Jj foq, "'7 • -- -- -- Hydric Soil Indicators: f.)o~ -~ Histosol _ Concretions _ ~ Histic Epipedon ,.... High Organic Content in Surface Layer • ~ Sulfidic Odor .--Organic Streaking _ ~ Probable Aquic Moisture Regime _ Listed on Local Hydric Soils List _ _ Reducing Conditions _ Listed on National Hydric Soils List . _ Gleyed or Low-Chroma Colors ·-Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~a Hydric Soils Present? Yes Is this Data Point Within a Wetland? Yes @g) Wetland Hvdrolo"" Present? Yes I (a Remarks: 2-99/DAT A.FRMmU!-<m Data Point: 5 of J.B DAT,AFORM ROUTINE WETLAND DETERMINATION Project/Sire: SR. jOD Date: ,_, -oo Applicant/Owner: f(l ,e t:: 1,· (I 0 City: g i: o+-oa In . Tftl± Job#· 1-1 -1os1~01 County: I.e.; 0.5 r: ~ State: WA Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes m• needed. eYO!ain on reverse.) VEGETATION Dgmiuaoi eJam specre5 Stratum %~,[ Indicator Dominantflmt Snecies Stratum %Cover Indicat2r 1. R..,1,.M .!. ;uplor --5.l, ___:fg £ML\. l. ------ 2. So.,.."""'"' rou.,~~Ji_&P .E..ftc_ LI. 2. ------3. IA. .. :1:: .... .lio,co..~~ .....3D ....£.8...C. 3 . ------4. ?ol'fs'I.' ch"-PT 111~s~ .C-lkU.. 4. ------5. ----5. --------6. ------6. ------7. ------7. ------8. 8. ) Percent of Dominant Species that are OBL, ~5-=.,_ FACW or FAC (e=-FAC-l. *-Dominant snecies. Cowardin Classification: JJ () "*" -W e 'f} oi. fl c:\ Remarks: HYDROLOGY / Recorded Data {Describe in Remarks): Wetland Hydrology Indicators t,ivN..... _ Stream, Lake, or Tide Gage ..!:;:'Aerial Photograph -Inundated -Other -Saturated in Upper 12 Inches -No Recorded Data Available -0 Water Marks _ ,_ Water Lines /VTI y1..(_ -_ SedimentDeposits Field Observations: _ Drainage Patterns in Wetlands - Depth of Surfate Water: *,;., -f.-Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: (in.) ,-Water-StainedLeaves Depth to Saturated Soil: (in.) ,__ Local Soil Survey Data Other 11h .... lain in Remarks) Remarks: Data Point: 5 of 1B n son.s Map Unit Name: 'Bea.~s;:t e.. Drainage C)ass: Well J ft;t. : ""~ Field Cl>servations (Q Taxonomy (Subgroup):]! ~('tt-: <. ~!:foe l.1ep"l-s Confinn Mapped Type? No Profile Description· Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) (MWJ!i!:11 Moist) {MW!!l!:ll MQi~) Abl1ndance/Contrast Rhirosphel:§. el& 0 -'l. JO '1 R. ?/2. /\)" l'\..L._ So..nd..~ loo...m ~-It/ JD 'f (c. 3/R }Jc,~ ~r:a ve 113 s-.. 11~ Io Cl.n., 1'-1-lD lD'ff<. L/{J /Jr),;U_ 3 fa. (>4!. lt._1 ~ ... nJ~ I 0tc.t11 -- -- -- -- Hydric Soil Indicators: ,µ a "'-'---- -Histosol -/ Concretions -Histic Epipedon _ High Organic Content in Surface Layer -Sulfidic Odor _ • Organic Streaking -Probable Aquic Moisture Regime _ _ Listed on Local Hydric Soils List -_ Reducing Conditions _ _ Listed on National Hydric Soils List -_ Gleyed or Low-Chroma Colors f-Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (t Hydric Soils Present? Yes Is this Data Point Within a Wetland? Yes<® Yes ? o Wetl;lnd Hvdrolo1n1 Present? Remarks: 2-99/DATA.FRMITRH-lm Data Point: ---'--of f 8 () DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: SR. '3.oO Date: '1-1-00 Applicant/Owner: met. lit't o City: R r. !'.J 'lo (1 Investi1>ator: TR.I:!: Job Ii: J.l. ~ (OS 1-0 I County: le,' ;'I j ~ State: ,.,,4 Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes ® lTfn""""" '"""lain on reverse.) VEGETATION Dominant Plant Speci~ Strah1m •&, Cm:~r lmliQ!tru: Domioam flam S~i'5 Stratum %Cover IndiGtt2I t.Ru.l. .. s Jis,olo,.__.£_1, ~ !='fie u.. l. -----2. Ii! 1.1.b .. s u. t s:11 ... ~ -..!!..!! nr 2. ------3. cor'j l«s , a 3:-~h ___IY2 /JJ;7 LIQ .. 3. ------4 Co rww."h,,... ' 4. ------s: 'Pollf "*:,hum l'J\1ta:'4...., s~ _2.J:l F)l ,u.. 5. ------6. ~t;Cl:!;"t~"fhyJ~,-'10 FALU. 6. ------1.s ...... .1 ; ~ ... ____ --7. ------8. 1IYl e,, l. si'; .,... __2..e_ EfuU.. 8. Percent of Dominant Species that are OBL, d FACWorFAC feiv-' FAC-). *-Dominant S"""ies. Cowardin Classification: J 1 ,, 11 -we+la.. r1d Remarks: HYDROLOGY ~ecorded Data (Describe in Remarks): Wetland Hydrology Indicators (Vi)t\.L_ _ Stream, Lake, or Tide Gage ..16\erial Photograph ' Inundated ~ _Other L Saturated in Upper 12 Inches _ No Recorded Data Available . L-Water Marks . '--Water Lines tJ D-IIL ~ Sediment Deposits Field Observations: ._ Drainage Patterns in Wetlands Depth of Surface Water: (in.) '-Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: (in.) ..__ Water-Stained Leaves Depth to Saturated Soil: (in.) ,_ Local Soil Survey Data Other fRYnlain in Remarks) I Remarks: I t9 I Data Point: ~ of f S () SOILS Map Unit Name: 'Be.., u. s:k. Drainage Class: W!!! 11 ,I fa. i I'\.( J Taxonomy (Subgroup): D ~ sfr .' <-){:e ,., c. l,,.~i-s Field Observations Confinn Mapped Type? ~ No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inche.<1) (Mlll!Mi!I M!!ist) (Munsell Moifil) Abundance/C!!ntra&t Rhima)her~ ~ o-Y 10\.f t 2./Q.. /Jofl.L Si J+ Joa. fYl 1../ -J'J. /O'i~ Lf/3 /IJoyl..f_ 'j Ju. ve.llt! $ <U'I ~ / 0 o.. V'1 rz-20 (0 '11?-'IJ'I --p l> (1./J_. 'j tA,ue.ll!J S"n.l~ (011.rv, -- -- -- ) Hydric Soil lnclicators: ,-.) 0 'IL,(___ -Histosol ,_ Concretions -Histic Epipedon _ High Organic Content in Surface Layer -Sulficlic Odor _ Organic Streaking -_ Probable Aquic Moisture Regime _ Listed on Local Hydric Soils List -Reducing Conditions c-Listed on National Hydric Soils List -Gleyed or Low-Chroma Colors ' _ Other (Explain in Remarlcs) Remarks: b~J , oe k. -e. .,_ f , reJ i,A '1k ~™ ... ,., b,ed /0 I ~ ... s'I- o-f d o.'1-.. po,'11'f. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~ Hydric Soils Present? Yes 0 Is this Data Point Within a Wetland? Yes® Wetland Hvdroloo:v Present? Yes . Remarks: L) Z-99/DATAFRM/l'RH-tm Data Point: 7 of /8 (J DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: sg ~Qi) Date: ,-~g_-00 Applicant/Owner: 1"'r1 e ,.... I , • .., lJ City: ~aio!'l Jnvestim,tor: tR..1:l: ll!h it ~-1os1-ol CotuJty: I!;• II~ ($> State: ,.,,4 Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes ® • • la" ,.) Ill exol m oo reverse. VEGETATION ~'°am flam ~nt"Ns:i ~111m % Cover IngjgitQr I>Qmina!ll f!Wd 8.peci~~ Strntum %Cover lmti~2r I. \I.~" s s~;,~ ::to FAc.. I. ------ 2. :S"v.11\<:IA S, e-ft,..sw..s..._..t:f _..2.l2 P~cw 2. ------3. ------3. ------ 4. ------4. ------ 5. ------5. ------ 6. ------6. ------ 7. ------7. ------ 8. 8. ) Percent of Dominant Species that are OBL, 100'?0 FACWorFAC FAC-). *-Dominant snecies. Cowardin Classification: 'P ... \v.~i,-:IN.. 'E r-t\L rft U\ i- o ve. r-k.a. n~; r15 we..-H&(..nJ l'clo"t-c d • Remarks: no-+ I v7 IA.)-e_ tlci ~ J Ace, ('(l Q. C N> (' h '( ll IA. "'1 ( f: A-<. I.A.) , HYDROLOGY /Recorded Data (Describe in Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gage v Inundated ""'"1\erial Photograph _Other ....,..-Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Maries o/ WaterLines Field Observations: _ Sediment Deposits c,\ r ""SS"; 0 YI V Drainage Patterns in Wetlands ~ Depth of Surface Water: .eJ' (in.) _ Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: 5 ... •-fc ~ (in.) _ Water-SlainedLeaves Depth to Saturated Soil: a-(in.) ./ Local Soil Survey Data Other in Remarks) Remarks: s .... fv. N<-'k.J to --Hu_ 5,.,._.fac~ \)et~ (11..r.tc.1c.j we.'f-Sc l / , () I ) Data Point: '7 of _l:P SOILS Map Unit Name: Woo.\\"" ;1 le. tl II"~·, r'U. ~ Drainage Class: :p o o t-1 'j Taxonomy (Subgroup): I~ ~it. ~ h.1. ~ E> i 1.t~11-t-s Field Observations Confinn Mapped Type? @ No Profile Description: Depth Matrix Color Mottle Colofs Mottle Texture, Concretions, (iuches} (Mnnsell M!liS} /Munsell MQifil} Abundance/Contrast Rhirospheres. !llil ~ 10'-f fl. '3 / / No~ s,ll /ou. lM. 1,,.)/ i Or-5~11 ;t!.5 -- -- -- -- -- Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Smface Layer _ Sulfidic Odor _ Organic Streaking ,L Probable Aquic Moisture Regime ...-,-Listed on Local Hydric Soils List _ Reducing Conditions v-1.isted on National Hydric Soils List V Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: .so: I iv iµe'f 'f-o ~ e "t a.. ~ood, 'f>c,: I p ~ Df; te_ WETLAND DETERMINATION Hydrophytic Vegetation Present? Hydric Soils Present? Wetland H drolo Present? Remarks: 2-99/DAT A.FRMITRH-tm No No No Is this Data Point Within a Wetland? @ No Data Point: _§_ of 1.8. (J DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: SR 900 Date: , ~a,~oo Applicant/Owner: l""le.i--\i'1 0 City: ltoei:i'k> n In r: TR~ 121! #· 1::1-1051-0 I County: tc,11.~ !No) State: w.A Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes @) (Ifneeded, exolain on reverse.) VEGETATION Dnmjnallt fhmt Sneci§ Stratum •at Cover lg!;licator Domioam PJam Sneci~ Stratum %1:m'.m: lodit":!ltn[ I.Corti~ tp/ofl:-re.,o.... s~ .E!i..s.w I. ------2. ------2. ------ 3. ------3. ------ 4. ------4. ------5. ------5. ------ 6. ------6. ------1. ------1. ------8. 8. ) Percent of Dominant Species that are OBL, loo7b FACWorFAC FAC-). •-Dominant =ies. Cowardin Classification: f ~ I !.!:r..+r; N... SC I' o,t..l,~ Sh ,..IA b Rem3Iks: /e,..r~e.... Corl'\ .... S s~/o,,.,.'ttra.. s Wi,..,bs-o../Mt!!s'f --f,-ee -/,'/t.~, HYDROLOGY / Recorded Data (Describe in Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gage ~ Photograph -Inundated _Other _ Saturated in Upper 12 Inches -No Recorded Data Available _ WaterMarks ..I.C"Water Lines Field Observations: _ Sediment Deposits ~nage Patterns in Wetlands Depth of Surface Water: IJ•"-t _ Oxidized Root Channels in Upper (in.) 12 Inches Depth to Free Water in Pit: -1otl\L.. (in.) _ Water-Stained Leaves Depth to Saturated Soil: l~ (in.) ~ Local Soil Survey Data OtheJ . in Remarks) Remarks: A,~4, Afpe-o-rr to f/ooJ ' ,.., (,,., 1-e. l,u;vt/c.r-' ~ ...,.,."h ,..-{ (ouliw j +1\.'1"0 ~ L.._ <::.p.,..in~ • t.-'-.."'k.r cl-ep-l-1.. M<>..~ ~c....h._ 3 '' cl e1. ro ~ • .rll,, ~ .JA' ... i)o;i~ Data Point: 8 of JB () SOILS Map Unit Name: t.:)oQrli 1112:i\c. Drainage Class: 9 OD,-\ J d. rt,.; "1Q .l. {. \..1. u ~ i v..e. t1'1-s Field Observations Taxonomy (Subgroup): T~ p; c. Confirm Mapped Type? @ No t ") ', .. Profile Description· Depth Matrix Color Mottle Colors {inches} !Mllllli!lll Mllilltl IMn~II Moi~!l o-3 /O'f ~ ~/1)_ Jo 'i. tf.. 5/.I, I 3-Lf 101.~ ':J.LJ ,.,.,"YU- ' 1./. -t, jll'1/!.3LI N.>,u_ 17-?o -5'/"3/) I 0 '1 ~ 3L8 --' -- -- Hydric Soil Indicators: -Histosol _ Histic Epipedon Sulfidic Odor - ~Probable Aquic Moisture Regime vR.educing Conditions VGJeyed or Low-Chroma Colors Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Hydric Soils Present? Wetland H lo Present? Remarks: 2-99/DATAFRMffRH-ah No No No Mottle Texture,Concretion~ Abundance/Contrast Rhizosnhere& !31. (tt.o.tl-J I WI ,.JJ-l,..;11'/-Sil± I o...._Wl S'"-rid.~ I (J o..rr. s; ,..,.. /e, ... rt'I 1?'7«.>'\~ I tllt"d, f f'l>t"1, s: Ii-'OCl..fY'l -Concretions _ High Organic Content in Swface Layer _ Organic Streaking ::::::_" Listed on Local Hydric Soils List t.--Listed on National Hydric Soils List _ Other (Explain in Remarks) Is this Data Point Within a Wetland?~ No Data Point: _j_ of JB () DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: tie. I'-\ t ti. Q ~ Date: t.-i 'F-Qo Applicant/Owner. sg ~olo City: R!i:!oit)~ Investi=tor: i R. \\-Mi Ii: t1:-1os1-o I Cowrty: ~1·..,~ I State: wA-Haw vegetation, soils, _or hydrology been disturbed: Yes Is the area a porential Problem Area: Yes flf need....i """lain on reverse.) VEGETATION D!Jmioam elant S~i§ Stratum 'lfi (&yfil: IndicatQ[ DominaD1 HilDl Sne.ci§ Stratum %Cover !rulicat!II l. 5,1 mr. hor:c ... ~p,y__ l. ,4.:.e. r Pl• cror h 't, ....... :,-___!z.p .Ef}s_u.. ---- 2. A, JI, u. S -21 _a.a l='A< I.A. 2. ------ 3. fali • ~i,•cht.n!:J --3. --i' ·+ s J., -- ~/9 (!,(, ----4. ,., IA.0::,JJ,M ~ 4. ------ 5. fl"ls.,kl '2d i& ------5. ------6. n ,e f'iJos--. 2h. -1.Q_ Fl'>c.u 6. ------ 7. Oc::"" (eti-7. C• ,..., ;-,,,,r,.,;.r ~It --I>. f>l ------8. ~D 8. Percent of Dominant Species that are OBL, uS FACW or FAC . . FAC-). •-Dominant S"""'CS. Cowardin Classification: J,Jo 11 -w e.:t-/ u.. o. cl Remarks: r:,{' wet-I a11 cl :}_0 I ~.:, ... "tk o"f Jo...ie,._ 0 ~ ,. .,; e,c.,:) isl«nds. po ;,tf s "'*""s Ofe." (.Oa..'krJ bJ J 1/o..:, S" hroL b .,__ -e Wlt r, e, l't· HYDROLOGY ../ Recorded Data (Descn'be in Remarks): Wetland Hydrology lrulicators JJ.:iv'-L _ Stream, Lake, or Tide Gage ::if Aerial Photograph '-Inundated -Other ~ Saturated in Upper 12 Inches _ No Recorded Data Available ,_ WaterMarks '-Water Lines ,_ Sediment Deposits Field Observations: /JD ,t.(_ ,_ Drainage Patterns in Wetlands Depth of Surface Water: ~(in.) '-Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: (in.) ,_ Water-Stained Leaves Depth to Saturated Soil: (in.) ._ Local Soil Survey Data Other · · in Rentarksl Remarks: Data Point: !}_ of 18 () SOILS Map Unit Name: 13-c 0..11. c, ;-{,t_ Drainage Class: ~le.I\ A l'a. ,''r'l,l./J Taxonomy (Subgroup): P~ ~i-~: c... '1-e.tt>c I, 1t~1 S Field Observations Confirm Mapped Type? (9 No Profile Description· Depth Matrix Color Mottle Colors Mottle Texture, Concretions, finclwel <Munsell Moist} <MWJ¥)1 Moist) Abundance/Contrast ~etc. o~'l. jO'f 12 3/!J.. N, (I..P___ s ,· Jt ,c)ot. VV\ I a-ti:. /O'((l 'f )1 ,U.,>1.Q__ 5ro,.vcl\'1 s ... ~~ /oQ.N\ ' IG·U I D 'j ,-_ 'f_tj A/<)ttl... 5 t:g~\\~ r~a~ loa.."'1 -- -- -- Hydric Soil Indicators: A),)-M.- -Histosol -Concretions -Histic Epipedon -c High Organic Content in Surface Layer -c Sulfidic Odor -L Organic Streaking -L Probable Aquic Moisture Regime -,_ Listed on Local Hydric Soils List -" Reducing Conditions -Listed on National Hydric Soils List -Gleyed or Low-Chroma Colors Other (Explain in Remarks) ' Rl:marks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~ Hydric Soils Present? Yes Is this Data Point Within a Wetland? Yes@ Wetland H•"'=lo= Present? Yes Remarks: 2-99/0ATAFRM/l'R1!-0b Data Point: )o of /8 () DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: SR. qQD Date: 6-:?.'l-00 Applicant/Owner: met: l11'.!,Z1 City: l<i o'l()tl lnvestitzator: '"Hi!! . .i Tnh#· u -,o-: 1-0 I County: ~ r State: Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes (If needed. exnlain on reverse.) VEGETATION Domioao1 fllDl sP"'1"'1~s Stratum "&!Cov~r Inrurato[ Ihlmioam HilDl S~i~ Stratunl %Cover Iruli!.lll!!r I. B, .... l,ul ..\;r~ohr-~ '10 t=lk.CA.. I. ------ 2. ~!!.I!" { L\IJ"; ..... _r ~ ;:to _gr 2. ------3. r,., ... o,u·cfol,\,~ --1.Q .... !:!J!.l-3. ------4. so...li1 sp ~ .....a.e /='fie. 4. ------5. ------5. ------6. ------6. ------7. ------7. ------8. 8. Peicent of Dominant Species that are OBL, ,, ~,,.. FACWorFAC. PAC-). *-Dominant S"""iCS. Cowardin Classification: tJof\ --we:t/et..nd Remarl<s: HYDROLOGY LRecorded Data (Describe in Remarks): Wetland Hydrology Indicators t,.JDA.1-.. _ Stream, Lake, or Tide Gage ,,/ Aerial Photograph -_ Inundated _Other -_ Saturated in Upper 12 Inches -No Recorded Data Available -_ WaterMarks --Water Lines 1--)J~ -Sediment Deposits Field Observations: -Drainage Patterns in Wetlands -Oxidized Root Channels in Upper Depth of Surface Water: ~(in) 12 Inches Depth to Free Water in Pit: (in.) -Water-Stained Leaves Depth to Saturated Soil: (in.) -Local Soil Survey Data Other flhmlain in Remarks) Remarl<s: /•w 3efM.SSi<>(} -/-o~oj rctf li; e~~ Data Point: _lQ_ of Jfl. I (J SOILS I Map Unit Name: Be o.."-S ;+~ Drainage Class: u:ie I I J fa.; AL d 'ltetoe.h ~ pi-!. Field Observations (Y__es} Taxonomy (Subgroup): D~~tr: L Confinn Mapped Type? No ~) Profile Descripl,ion; Depth Matrix Color Mottle Colors (inchw /Munsell Moifil} (Munsell Moifil} o-'3 !DY/!. ~/I Jl)pl"'LL - '3-I} ['> 'IR. 3/a,. • }.)~~ 11-11 / 0 'j rz. 'j_/ '! ,-/vaAf.. -- -- -- Hydric Soil Indicators: fJot/1..J._ _ Histosol -Histic Epipedon -_ Sulfidic Odor -_ Probable Aquic Moisture Regime -Reducing Conditions -• Gleyed or Low-Chroma Colors Remarks: WETIAND DETERMINATION Hydrophytic Vegetation Present? Hydric Soils Present? Wetland drolo Present? Relllllfks: 2-99/DATA.FRM/fRH-trh Yes Yes Yes Mottle Texture, Concretions, Abundance/Cogtrau Rhiz~rl:l!. $, s: H 10 .... wz ~htvell~ S"l<lrtl,g )oo..rv, ~,avellJ ~ .. \\.!.~ /oc..rv, -Concretions -High Organic Content in Swface Layer _ • Organic Streaking _ _ Listed on Local Hydric Soils List . _ Listed on National Hydric Soils List L-Other (Explain in Remarks) Is this Data Point Within a Wetland? Yes@ Data Point: I / of J.B. n DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: er R. -1_0D Date: ,-2i-oi> Applicant/Owner: /Yler-11;1D City: R..enioll lnvestiaator: .T~H Job Ii: 1:1-1os1-o/ County: It.,';'\~ <fS State: wA- Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes @ flf'needed, .....,lain on reverse.) VEGETATION Dnmimml HiWl Sneckis Strat:i1m % C!!l!l:r Imli~at2r Dominant Plant Soecies Stratum ·&i CslYm: Iolli1,;11!!r 1.]?, "-•!.I I c) ....... .t,-r-_.s:b. """30 f:ltc. IA 1. ------F l'I c. 2. l.\.~i t:!!!I. J1'0\c-.. -5..b.. .......!.Q 2. ------3. g .. ~ .. , u.rs;.,,,..5 ~ fl.o NJ: 3. ------4. flc."t-Ma.,rofkyl!&!!!..T" _g_o FH-CIA. 4. ------5. ?o l!"'-)\AS 't,-:c~o, .. tp• ,-'30 /:"Fl c... 5. ------6. ------6. ------7. ------7. ------ 8. 8. { ) Percent of Dominant Species that are OBL, 4o~,,.. FACW or FAC (exr......, FAC-l. *-Dominant """"ies. Cowardin Classification: No l'I -we'"tf o..n.d Remarl<s: HYDROLOGY / Recorded Data (Describe in Remarks): Wetland Hydrology Indicators ~() ,1J.._ _ Stream, Lake, or Tide Gage ~Aerial Photograph -Inundated I - -Other -• Saturated in Upper 12 Inches _ No Recorded Data Available -Water Marks -,__ Water Lines I . ,___ Sediment Deposits I Field Observations: µt1v\-Q__ . '-Drainage Patterns in Wetlands -'---Oxidized Root Channels in Upper I Depth of Swface Water: ~(in.) l2Inches Depth to Free Water in Pit: (in.) -'-Water-Stained Leaves Depth to Saturated Soil: (in.) -L Local Soil Survey Data I Other . inRemarksl Remarks; J.'lv" . v-p 0-.. !on,... > , ... ,~J ~~ I H I -~ Data Point: J1 of _!B SOILS Map Unit Name: B~ a. 1.1. S ;+e... Drainage Class: tJt'.. \~ J.ta.~~ Taxonomy(Subgroup): 'D~~-fr,' L llei:-a.::b11e. pts Field Observations Confirm Mapped Type? @) No Profile Description· Depth Matrix Color Mottle Colors Mottle Textur~, Concretions, (inches) Wno5'U Mili&tl (Mnozn M2istl Amntdance!C.ontta,1 Rhizosnbllr!l!I !ll!l. O· '-/ /O'f_R. 31a._ A.),;~ s,')j-)a .... r:!:J 4-'" /oye s/5 /IJ,;~ ~taue.ll'j s:-.nA~ ~Tvz • I~ ID'fR. "/L3 /0l>r"lll. 3r"'-uell~~"°n~~ /c,~ I -- -- -- Hydric Soil htdicators: ~pr'L(_ -• Histosol Concretions -0 Histic Epipedon ~ __ c.,,,. .. ....,,_ -_ Sulfidic Odor Organic Streaking -_ Probable Aguie Moisture Regime Listed on Local Hydric Soils List -• Reducing Conditions Listed on National Hydlic Soils List _ 0 GI eyed or Low-Chroma Colors Other (Explain in Renuuks) Remades: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes <1liv Yes® Hydlic Soils Present? Yes ~ Is this Data Point Within a Wetland? Wetland lfvdrol~ Present? Yes - Remarks: 2-99/DATAFRM/fRH-bh Data Point: ~ of I..B_ DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: s R. 9_0D Date: 6-:l.'I-OD Applicant/Owner: [!let: l i 11. o City: ~ eni"'I lnve&tiaator: Ilt.tt-Job fl' l:i -1 os1-o \ County: )cj(I~ ~ State: wA Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes llfneeded, exnlain on reverse.) VEGETATION Domin1D1 fJmt Snecies Slllltllm "&tC=r Indi~ill!![ Domioam flam Sne.ci§ Stratum °at Cover lodigtm L g "-b II S .l,i<o/., r ___Sb ~ ...£&.~ l. ------ 2. s ... r>I I, .. c .. l! ra«•.-Sia _w _Efjs,.u. 2. ------ 3. t} C ~ ,-C!J-.C: r,,p Ji 'f Ll.,u;:i_.,.. _8.P F~LIA.. 3. ------ 4. Aln .. s ,...,.i.r,_ ___I '20 .-£.11..c. 4. ----5. ------5. ------6. ------6. ------ 7. ------7. ------8. 8. ) Percent of Dominant Species that are OBL, '1 5:lo FACWorFAC(ex..,....FAC-). •-Dominant soecies. Cowardin Classification: tJe2r:1-w fa 'fl~ !J,d Remarks: HYDROLOGY ~ecorded Data (Describe in Remarks): Wetland Hydrology Indicators f,}t,N__,. ~tream, Lake, or Tide Gage _ Aerial Photograph -I-Inundated -Other . _ Saturated in Upper 12 Inches -No Recorded Data Available . _ WaterMarlcs . _ WarerLines Field Observations: N O(I..L. . ,_ Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Wawr: (in.) -_ Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: (in.) _ Warer-Stained Leaves -Depth to Saturated Soil: (in.) Local Soil Survey Data - Other• -. in Remarks) I Remarks: i --) Data Point: ~ of I B () SOILS Map Unit Name: l3e O.."'-S,; te Drainage Class: wel\ c\ l't\' M .A D:lf~ iri', ){cro,hi-ept.s Field Obseivations (9 Taxonomy (Subgroup): Confirm Mapped Type? No Profile Description: Deplh Matrix Color Mottle Colors Mottle Texture, Concretions, £inr.hes) !MDDHil Mil.is) IMunKII Ml:!i&ll Abundance/C.m.itwt Bhizamberes d~ o-) )D'{ R3/!l. Novt-e._ s:J+loo.rn r..i-20 )OY'f'¥3 .tf(}oVl.(__ ~m.1~ll:J S<1.!'.l~ loa..111 -- -- -- -- -- Hydric Soil Indicators: /V V-/Lt_, ) _" Histosol -Concretions -Histic Epipedon -High Organic Content in Surface Layer _ • Sulfidic Odor -Organic Streaking _ ~ Probable Aquic Moisture ~me . _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarl<s) Remarl<s: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Ii Yes@ Hydric Soils Present? Yes Is this Data Point Within a Wetland? Wetland Hvdroloev Present? Yes Remarl<s: ) 2-99/DATAFRMffIUl-tm Data Point 13 of J.!t () DATAFORM ROUTINE WETLAND DETERMINATION Project/Site: SR. '1.00 Date: {.-~i-oi> Applicant/Owner: me f'-l,"' o City: R-i-m.,!1 Jnvestio~tor: ,-c, u. •~i, #: LI -I O<;"l-0 \ County: k.,I'.!, State: wA Have vegetation, soils, or hydrology been disturbed: Yes <1fii) Is the area a potential Problem Area: Yes @ <If needed, eYn(ain on reverse.) VEGETATION f.°kS:~=h~ -zr !rulicator Dominant Hant S~ies Sbatum %Cover Jgdic-Mnr Efk.u... l. ------2. Se:.m~!..4,!.IS: t,fce-M ....... SA --2...e. E..i:.c. I.,(_, 2. ------3. fid y!;:t i'=:;l!:ll!:Z 1'< un; ,i.. "1 S" Jr ..:;J..a__ /:',ic t,\_ 3. ------4. ------4. ------5. ------5. ------6. ------6. ------7. ------7. ------ 8. 8. ) Percent of Dominant Species that are OBL, DPo FACW orFAC (exN'flt FAC-l. *-Dominant S"""ies. Cowardin Classification: Aln,1-t..Je'f-/ a. n,.J Remarks: HYDROLOGY ./ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators ,AJovU!._. _ Stream, Lake, or Tide Gage ';;? Aerial Photograph --Inundated _Other -,.. Satnrated in Upper 12 Inches -No Recorded Data Available -,__ Water Marks -,.. Water Lines Field Observations: ,«J O V\.l., -_ Sediment Deposits -_ Drainage Patterns in Wetlands Depth of Surface Water: . _ Oxidized Root Channels in Upper ~(in.) 12 Inches Depth to Free Water in Pit: (in.) . ,_ Water-Stained Leaves Depth to Satnrated Soil: (in.) . _ Local Soil Survey Data Other . inRemarksl Remarks: Data Point: Jl of 18 SOILS Map Unit Name: B ~ Cl-1.t. 'Il; '\-e... Drainage Class: l.!Jt 11 d tb.it11.J Taxonomy (Subgroup): D~ s-h-~ c \lero~~~+s Field Observations (g) Confirm Mapped Type? No Profile Description· Depth Matrix Color Mottle Colors Mottle Texture, Concretions, nnches} CMnnseJJ Moist) /Munsell Moist} Abundance/Contr Rhizrn,pheres, etc .!£:..8.. lo'IR ?,/IJ... tJonq_ S,)f l D<1.'.?YJ 8-10 /oyt< VL3 No1-12. r;.,,... 111:.25 s~ n~ L,..._ nJ --• -- -- -- -- __ _) Hydric Soil Indicators: NO~ _ .__ Histosol ,_ Concretions _ ,_ Histic Epipedon '-High Organic Content in Surface Layer . .__ Sulfidic Odor ~ Organic Streaking . .__ Probable Aquic Moisture Regime '-Listed on Local Hydric Soils List _ ._ Reducing Conditions ,_ Listed on National Hydric Soils List --\-Gleyed or Low-Chroma Colors '-Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~ Yes~ Hydric Soils Present? Yes ls this Data Point Within a Wetland? Wetland Hvdroio~• Present? Yes .N6'I ._, Remarks: t--:) 2-99/DAT A.FRMmU!-tm Data Point: .r!_ of .JB DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: SR croo Date: ,-,-'f-00 Applicant/Owner: C!1. tr-{.i'tto City: ~e(lio!f Jnvesti.,ator: :r~tt Job Ii: tf-1051-a I County: ~i-n~ State: ldl~ Have vegetation, soils, or hydrology been disturbed: Yes I Is the area a potential Problem Area: Yes trfneeded, exnlain on reverse.) VEGETATION Domiuot flillll SnPr.i~ Stratum %~r Indica!Qr Dominant f!ill!I S~i!:ll Stratum %Cover mdicalQr I. ~,J. ... < A; s: t..'lllc:>...-_fill, ___J,_O ....£Ix.. L\. I. ------ -3D -1:.fuc.U.. 2. 2. Ge.-,,.._o .. fhrklll......2 ------3. ------3. ------4. ------4. ------5. ------5. ------ 6. ------6. ------7. ------7. ------8. 8. t ) Percent of Dominant Species that are OBL, 07ro FACW or FAC ("""""' FAC-l. *-Dominant sneries. Cowan:lin Classification: Nv'v, -we..i-1 Ct.VI cl Remarks: HYDROLOGY / Recorded Data (Describe in Remarks): Wetland Hydrology Indicators Stream, Laki:, or Tide Gage 'i7 Aerial Photograph -Inundated -Other _ Saturated in Upper 12 Inches -No Recorded Data Available _ WaterMarks _ WaterLlnes NOK(_ _ Sediment Deposits .S 4.. i- Field Observations: ,_. Drainage Patterns in Wetlands J,__ = Oxidized Root Channels in Upper ep,., "J,:,/ Depth of Surface Water: *(in) 12Inches ~ Depth to Free Water in Pit (in.) -Water-Stained Leaves i' 11'1= o-4 ~ ... Depth to Saturated Soil: (in.) _ Local Soil Survey Data /"ii: Other /F.,mlain in Remarks) Remarks: 2.o I s o-f T' ;f -e. ~"' .J.,sc lu..rju u.ri:.'.'le.r- .f:,.,"'1 SR. qO(), T,--;,kle. co,"'1;¥\~ --W,,M 'J';f"-, 5°~io.•>'t~ jv,'lc, • a. tvv'>'di o.--\-j.;.s; c..h.a..r" e_ ~o, n-\-. 11.o a.4 Si,,,-Mw.,..'k.r-...(:;.z,wi ~,.,,ct-,-_;i4 o..l () 1) I 8 I I Data Point: /!L of J.8 SOILS Map Unit Name: Be ... 11.s ;'\ e. Drainage Class: We, 11 J~i' N.t) Taxonomy(Subgroup): O~fl·~; <.. X-e ro c ~re.pt r Field Observations (.fes) Confinn Mapped Type? No Profile Description· Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inche5) (Munsell Moist} !Mww:11 Moist} Abundance/C',QD![MI Rhiz0&0heres, ets; o-!1.V IO'f R.. J/f)._ /Jov<L ~,-......ell~ 5..._r,jj f Da.Y'1 ) ' (..c, }/ -x. -- -- -- -- -- Hydric Soil Indicators: -Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Swface Layer _ Sulfidic Odor _ Organic Streaking _ Probable Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarlcs) Remarlcs: 1f Co '1 c "4..'/e. 1 '.3~1 "--" .l. o'/-fu_,-.. Je b.,...;_s ;v,-+,\\ so: Is. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes !~ Yes@ Hydric Soils Present? Yes Is this Data Point Within a Wetland? Wetland Hvdroloov Present? Yes Remarks: 2-99/DATAFRMrl'RH-trlt It\ { } I I I i J Data Point: J5.. of J8 DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: 5R. -croo Date: ,-7{-0D Applicant/Owner: me ... ti·llo City: Re t'.l 'foif Jn.....i-;oator: .--RN Job#· !f ~ 1051-<> I County: ~ @ State: Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes @ (If needed, exnlain on reverse.) . VEGETATION Dnminool flam S~iai Stratum %Cov1,r Indicator DomiJHIDl flaDt Si IP.. i§ SIIlltmn %Cover Imll\iatm: I. free .... [l)<p-..('hyll~ __!:ff) Eili.lA. I. -----2. f!"b"."> 4 ,5 ,,>1or ~ ___.!IQ .Eft£<-t 2 . ------ 3. s: ... !!I b "'!al: ~"-,eoti>S"-SI, ~ i=-~cu.. 3. ------4. &11, ~:j:I -2L ..2.Q_ NJ; 4 . ------5. ------5. ------6. ------6. ------7. ------7. ------8. 8. Percent of Dominant Species that are OBL, lJi 'J,.. FAl'WorFAC FAC-l. *-Dominant S"""ies. Cowardin Oassification: Alo J1 -~[,-, Yl,.J Remarks: HYDROLOGY -~ Data (Descnlle in Remarks): Wetland Hydrology Indicators ~o.u(_ _ Stream, Lake, or Tide Gage J:::'.1\erial Photograph -1-lnnndated -Other -" Saturated in Upper 12 Inches _ No Recorded Data Available -Water Marks -Water Lines -Sediment Deposits Field Observations: "'10 vl,(__, Drainage Patterns in Wetlands - -Oxidized Root Channels in Upper Depth of Surface Water: ±(in.) 12 lnches Depth to Free Water in Pit: (in.) -Water-Stained Leaves Depth to Saturated Soil: (in.) -Local Soil Survey Data Other ffiYnlain in Remarks) Remarks: Data Point: 15_ of /8 SOil,S Map Unit Name: . ~ i;;: ~ Y.S:; '/-<.. Drainage Class: w~11 Dea:~ Q ~ ~ h ;, , 11:f roe-I, r-eri-s Field Observations Taxonomy (Subgroup): Confinn Mapped Type? ® No Profile Description· Depth Matrix Color MotUe Colors MotUe Texture, Concretions, (in,hesl CMJmzU Moi&il (MJll!!illll MQifill .AmiodancetContrast RhizQSJ:!heres etc 0-'2 }D'f f?. 2l / ~D,X., s ,' )f },,.:,, «} I 2-lD ID'{Y,:.3)3 /Jc> v<JL, j rzueJ/j 5« .,J!:I ICXJt.(VJ -- Io-21> )D'1,f!. ':J.l t ~i>Y1.e__, 31:2.!.!f!j $'3-11 J,j IDct."1 -- -- -- Hydric Soil Indicators: A.Jo~ _) __ Histosol -Concretions _ ~ Histic Epipedon -High Organic Content in Surface Layer _ _ Sulfidic Odor -_ Organic Streaking • _ Probable Aquic Moisture Regime f-Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List r-Gleyed or Low-Chroma Colors _ Other (Explain in Remarl<s) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes I Yes@ Hydric Soils Present? Yes Is this Data Point Within a Wetland? Wetland HvdrolollV Present? Yes Remarks: 2-99/DATA.FRM/fRH-llh Data Point: I{ of LS DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: ~ e-'J.O 0 Date: t-zq-oo Applicant/Owner: l!I g,.. ,,·110 City: l.r-l'No'!f. Investi=tor: ""Tit H-lob fl: H-/05/-D I Cowrty: ~ ,· r1 !') ((ii) State: t,U\:-Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes ~ fli.'needed, ~lain on reverse.) VEGETATION Domio am :e.Jam s, IPJi _;" Stratum "a, Cover Indicator Dominant Pllll!t Species Stratum ~~Qn:~r IDdicatoI 1. e't .. :<e:\:>Hn -1e1~.-~ .... H ~ FAt;.vJ l. ------ 2. C1cYl•S tjDlon;-4e.-..... SI.. ~o J:'."Ac.w 2. ------ 3. ~ciS!!!,, :; p. --'211 -1..0.. NT 3. ------ 4. S...lei!, s:p --2.li.. .....!::112 Flk.w 4. ------5. ------5. ------6. ------6. ------ 7. ------1. ------ 8. 8. c:) Percent of Dominant Species that are OBL, 15°7-FACW or FAC <~ FAC-l. *-Dominant -ies. Cowardin Classification: 1' -I •• .-_ '-h-; v1D <, ... ..._h <J..nA.\... Remarks: HYDROLOGY .,...,.----Recorded Data (Describe in Remarks): Wetland Hydrology Indicaton _ Stream, Lake, or Tide Gage vl\erial Photograph -Inundated -Other _i.::::: Saturated in Upper 12 Inches -No Recorded Data Available _ Water Marks LWaterLines Field Observations: _ Sediment Deposits _ Drainage Patterns in Wetlands _ Oxidized Root Channels in Upper Depth of Surface Water: l (in.) 12 Inches Depth to Free Water in Pit: I (in.) Water-Stained Leaves -Depth to Saturated Soil: :lu.~{,,« (in.) _ Local Soil Survey Data Other ffixnlain in Remarks) Remarks: sm ... /1 5'e.e p .......... IO I S"o....._-f-h I\ 0 1,,\/ if'r>/ P5 '( I, "'-'4-e.<.J; Je'1c.t:,_ .,-{:.. .,,..._~ .. fV\a.,-"'S ~ ~e b.-ls .... S' It. r-<A.b • O-e.5 IO' S. R~.1 oso'e.,-d~um.,J. S"o; l S s ;/ -I-,,,......, S'} 1)-e.,t-y J ,u-/c , Data Point: li_ of /8 () SOILS Map Unit Name: B ea.~s:: +~ Drainage Class: CJeJI di ro...:..vw.d )( :e CQc 1--re(t5 Field Observations Taxonomy (Subgroup): x:1 ¥ ~t,-; c. Confirm Mapped Type? Yes @} Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches} !Munsell M!!isl (Myos]I MQi~ Ahnndao~ntrast BbizQSJ;!heres etc 1 0=-1. /o'l R1J / /Jo~ ~<l..r\d..'ti loa..l'Y) 2.:::.12-lo'j_ R.3[/ ' A)ON__ s:; H--Io o,.YYJ 1'2-18 10 'j_{(.. 3l / ' /o'tf<s/L ' M'.f' s i It-laa..rn -- -- -- () Hydric Soil Indicators: -Histosol -Concretions _ Histic Epipedon _ High Organic Content in Surface Layer _ Sulfidic Odor _ Organic Streaking .JcProbable Aquic Moisture Regime _ Listed on Local Hydric Soils List _k'Reducing Conditions _ Listed on National Hydric Soils List ;i...<" Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? ! No Is this Data Point Within a Wetland? @ No Hydric Soils Present? No Wetland Hvdroloev Present? No - Remarks: 2-99/DAT A.FRMffRlf.ldt Data Point: I J of J8 0 DATA FORM ROUTINE WETLAND DETERMINATION Project/Sit.e: s~-eioo Date: /, -2 ?'-OD Applicant/Owner: mi::,... , ,...,_ a City: f?.eftfot1 [nvestiuator: TR. \.I-Job Ii: ~-10s 1-01 County: If,,·.,.~ ~ State: WA Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes flfn-'ed, ~lain on reverse.) VEGETATION llomjgant Plant Species Stratum % Cover jndicatQr UQmiuant Plant Speci~ Stratum ~Covi:r Indicator l. Acer-.,...""'-"'t~'l 1ll!.!l1....T" ~ Flku... l. ------2.tseK!o+s~.._ mem,~ -3,Q .fl!.-'.u.. 2. ------ 3. Rµl .. ,s urs::n\AS ~ ~ NJ:. 3. ------ 4. i!!~b"ai e:i ne~ --5.b '2.0 /"'4c. u.. 4. ------5. fo I 'I s:!i <-hun .,,.._.;...,"' 5 h --2.£ Fl'k.U. 5. ------6. ------6. ------ 7. ------7. ------ 8. 8. { ) Percent of Dominant Species that are OBL, .-B'~o FACWor FAC rexr"..., FAC-l. *-Dominant s-ies. Cowardin Classification: /\Jon -L,)'e.--\-l S ~ J1 Remarks: HYDROLOGY .._,....--Recorded Data (Describe in Remarks}: Wetland Hydrology Indicators tJovLL _ Stream, Lake, or Tide Gage ~rial Photograph ~ -L.. Inundated _Other -'-Saturated in Upper 12 Inches -No Recorded Data Available -,_ Water Mads -,_ Water Lines ~c) \\..Q...., -~ Sediment Deposits Field Observations: -,__ Drainage Patterns in Wetlands -'-Oxidized Root Channels in Upper Depth of Surface Water: $(in.) 12 Inches Depth to Free Water in Pit: (in.) -,_ Water-stained Leaves Depth to Satnrated Soil: (in.) -,_ Local Soil Survey Data Olher ffivnlain in Remarks) Remarks: L) Data Point: / 7 of 18 () SOILS Map Unit Name: '3ea.u..s;~ Drainage Class: l.Je, 11 J.. fa. ; y\l) d Taxonomy (Subgroup): '0¥s.+r:c. Y. ec:o,httff-5 Field Observations (9 Confirm Mapped Type? No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, umili~l £M11D~I Maistl (Murulell MQifil) Abuntbog:lCQotwt Rhizosnhelllli, ell; ~ lO'::f.l?.¥~ 11,)" l"lL_ 5; 1+ I O«-(Y} '-t-~ lo~ R.3/3 ' No~ Si""-uc.llj ..r .... .,c\'j /oa...rt) -- -- -- -- () Hydric Soil Indicators: 1'l?NL- __ Histosol -Concretions -_ Histic Epipedon -High Organic Content in Snrface Layer _ ~ Snlfidic Odor -Organic Streaking __ Probable Aqnic Moisture Regime -Listed on Local Hydric Soils List _ _ Reducing Conditions -Listed on National Hydric Soils List -Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? YesfD Yes@ Hydric Soils Present? Yes ~ Is this Data Point Within a Wetland? Wetland Hydroloo:v Present? Yes ( o Remarks: 2-99/DATAFRM/TRlUm Data Point: 18 of __1.8 DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: ~f!..-1_00 Date: ' -'2 'f-o;;, Applicant/Owner: t'l'I f ,. fft1 Q. City: f;,_ e(J 'I-<!> '1 Jnvestin"'nr: ,/<. I+ kih It-County: ,le,~ ~ State: Have vegetation, soils, or hydrology been disturbed: Yes (Al Is the area a potential Problem Area: Yes ... --evnlain on reverse.) VEGETATION 12Dmi1u1n1 eam Species Stra!IIW "&i Cover lodi~tQr Dominuol flaol Sne.ci~ Stratum %Cover m.di,atQr I. A:c.ec ffi4CC!'f h.~ I~.., _.feg ~Acu. I. ------2. fi: .. P"-S J:scolcr-_..:ih ~ _Efu_u. 2. ------3. S 6,C:, b\4.£ u. S. r.tce mos a... S: '1. = /:f+c.U.. 3. ------ 4. ------4. ------5. ------5. ------ 6. ------6. ------7. ------7. ------ 8. 8. ) Percent of Dominant Species that are OBL, "-" ..., F ACW or FAC FAC-1. •-Dominant S""'ies. Cowardin Cla~cation: J) (J l'I -t()e:H~nJ Remarks: HYDROLOGY _yR.ecorded Data (Describe in Remarks): Wetland Hydrology Indicators /vtJl'l.L, _ Stream, Lake, or Tide Gage .!C Aerial Photograph -Inundated -Other -Saturated in Upper 12 Inches _ No Recorded Data Available -Water Marks -Water Lines t,!J tJ\lll... -Sediment Deposits Field Observations: -Drainage Patterns in Wetlands -c Oxidized Root Channels in Upper Depth of Surfuce Water: *(in.) 12 Inches Depth to Free Water in Pit: (in.) . ,_ Water-Stained Leaves Depth to Saturated Soil: (in.) -.__ Local Soil Survey Data Other -· in Remarks) Remarks: Data Point: /8 of 18 () SOILS Map Unit Name: E C"<l u.s-:k Drainage Class: welt J !:la..-~fl j Y..ef,:,ch~pis Field Observations {:§)No Taxonomy (Subgroup): 12.¥</r:c Confirm Mapped Type? Profile Description- Depth Matrix Color Mottle Colors Mottle Texture, Concretions, Cinches} <Munsell Moist} {Munsell Moist) Ahnodanre/Contrast Rhjzospheres etc 0-"3 ]D"(f?Z/) • f0o V\.l_ 5 I 1'1-!1la..(Y\ )-l'J.. lo'itt j /3 1vartL 5m.-ue.l 1~ S:f\.~ lo<tl'>1 . 11.-20 )O'((<. lJ/~ i,JaAL-, & t"Ol.\le_\l j 1 "--I'.!~ /oo.._fYJ I -- -- -- Hydric Soil Indicators: ~ DVl(_ _ IHistosol -Concretions -Histic Epipedon -High Organic Content in Surface Layer -Sulfidic Odor -Organic Streaking -Probable Aquic Moisture Regime -Listed on Local Hydric Soils List Reducing Conditions -• Listed on National Hydric Soils List Gleyed or Low-Chroma Colors -_ Other (Explain in Remarks) ' Remarks: · WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes~ Yes@ Hydric Soils Present? Yes ~o Is this Data Point Within a Wetland? Wetland Hv,1~10= Present? Yes ( o Remarks: 2-99/DATA.FRM/fRH-<rh ) APPENDIXC MODIFIED REPPERT WETLAND V ALOES EVALUATION SHEETS FOR WETLAND A AND WETLAND B H-1051-01 () APPENDIXC MODIFIED REPPERT WETLAND VALUES EVALUATION WETLAND A Values Basis For Evaluation 1. Natural Biologic Function Mod/High A. Food Chain Support Low L Net Primary Production moderate Shrub and emergent vegetation ii. Mode of Transport low Isolated system red by a seep iii. Food Chain Support low Low diversity of vertebrate animals B. General Habitat Low Single shrub plant community C. Special Habitat Low Railroad banks with cover 2. Aquatic Study Areas, Moderate Heron rookery and riparian forest south Sanctuaries, Refuge of the wetland C) 3. Hydrologic Support Function Low A. Hydrologic Periodicity Low Isolated system fed by a seep B. Elevation in Basin Low Isolated system 4. Shoreline Protection NIA No designated shoreline 5. Storage of Storm and Flood Water Moderate A. Flood Storage Factor Low Total wetland is > 5 acres in size B. Flood Retardation Factor High > 300/o of wetland vegetative cover is woody shrubs 6. Natural Groundwater Recharge Low Isolated system 7. Water Purification Mod/Low A. Wetland Type Mod/low i. Hydro period low Intermittently flooded system, not associated with a lake, river or estuary II. Vegetative Density moderate Wetland vegetative cover is between 50%and80% C-1 H-1051-01 () B. Areal & Waste Loading Low Relationship i. Total Wetland. low Total wetland is < IO acres in size ii. Proportion of Water to low < 40% of wetland is covered with water Wetland iii. Proportion of Runoff high > 50% of surface water rwwff is Retained in Wetland retained in the wetland for no more than a 2 year event C. Location Factor Mod/High 1. Frost-free Days high >250 days ll. Location Related to moderate Wetland adjacent to railroad grade Pollution Sources 8. Cultural Values (Economics, Moderate In local area with heron rookery, and Aesthetics, Recreational, riparian forest Archeological Sites. C-2 H-1051-01 () MODIFIED REPPERT WETLAND VALUES EVALUATION WETLAND B Values Basis For Evaluation l. Natural Biologic Fuaction Mod/High A. Food Chain Support Moderate I, Net Primary Production moderate Shrub and emergent vegetation IL Mode of Transport moderate Intermittently flooded IIL Food Chain Support moderate Moderate diversity of vertebrate animals B. General Habitat Moderate Two plant communities, SS, EM C. Special Habitat High Downed logs, snags, and railroad banks with cover 2. Aquatic Study Areas, Moderate Heron rookery and riparian forest Sanctuaries, Refuge southwest of the wetland 3. Hydrologic Support Function Mod/High A. Hydrologic Periodicity Moderate Stream fed depression with no known outlet B. Elevation in Basin High low gradient system with open water 4. Shoreline Protection NIA No designated shoreline 5. Storage of Storm and Flood Water Moderate A. Flood Storage Factor Low Total wetland is> S acres in size B. Flood Retardation Factor Moderate between 10% and 30% of wetland vegetative cover is woody shrubs 6. Natural Groundwater Recharge Moderate Wetland is a seasonal system< Sacre in size with open water 7. Water Purification Moderate A. Wetland Type Mod/low i. Hydroperiod low Intermittently flooded system, not associated with a lake, river or estuary ii. Vegetative Density moderate Wetland vegetative cover is between 50%and80% C-3 H-1051-01 () B. Areal & Waste Loading High Relationship L Total Wetland low Total wetland is< 10 acres in size ii Proportion of Water to high 40-60% of wetland is covered with Wetland water iii. Proportion of Runoff high > 50%, ofsurfuce water runoff is Retained in Wetland retained in the wetland for no more than a 2 year event C. Location Factor Mod/High i. Frost-free Days high >250days ii. Location Related to moderate Wetland adjacent to non-point sources; Pollution Sources roads, and railroad grade 8. Cultural Values (Economics, Moderate In local area with heron rookery, and Aesthetics, Recreational, riparian forest Archeological Sites. (_) u ,~ C-4 H-1051-01